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DVA2008-00001
u Planning Department Clearwater =rte Myrtle Avenue > r, Florida 33756 Telephone: 727-562-4567 0 Fax 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans ? SUBMIT APPLICATION FEE $ . EMAIL ADDRESS: DEVELOPMENT AGREEMENT APPLICATION (Revised 05MA2) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) APPLYIbANTNAME: K & P Clearwater Estate, LLC MAILING ADDRESS: 5600 Mariner, Suite 200, Tampa, FL 33609 PHONE NUMBER: . 8,13-506-6000 FAX NUMBER: CELL NUMBER: PROPERTY OWNER(S): Same as Applicant AGENT NAME: E. D. • 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. ORIGINAL RECEIVED OCT OF, 2000 PLANNING DEPARTMENT C11Y OF CLEAR-WATER Esa.. and Johnson.. Pone. Bokor MAILINGADDRESS: P. 0. Box 1368, Clearwater, FL --33757-1368. PHONE NUMBER: (727)461-1818 FAX NUMBER: (727)462-0365 B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 100 Coronado Drive and 201, 215 and 219 South Gulfview Boulevard LEGAL DESCRIPTION: See Exhibit "A" attached. ; 07/29/15/52380/000/0440 .07/29/15/52380/000/0940 PARCEL NUMBER: 07/99/15/5918(1/000/n510 07/2Q/15/59380/oon/o55o 07/29/15/52380/000/0480 2.75 PARCEL SIZE: a r re c (acres, square feet) PROPOSED USE AND SIZE: See Exhibit "B" attached. (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF ANY RELATED REQUEST(S): Amendment of existing development agreement as more particularly described (approval of a developmentinclude all requested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.) in Exhibit "B" attached. DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (fDR), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES X NO _ (If yes, attach a copy of the applicable documents) A previously approved site plan pursuant to FLD2004-02013, FLD2004-02013A an - . Page 1 of 5 - Development Agreement Application - City of Clearwater B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.6) 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 ? 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 DEVE PROPOSAL WERE TO BE APPROVED; ? 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 4-906.G) ORIGINAL RECEIVED ? Provide the following contents to the development agreement, as follows: Contents. The approved development agreement shall contain, at a minimum, the following information: OCT O 8 2008 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. PLANNING DEPARWENI CITY OF CLEARWATER 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; date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new. public facilities services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development 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 estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and servi required to be constructed by the development agreement The development agreement shall provide that such construction shall be complE 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 co Additionally, a finding,that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied. 1. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public hea safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental 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 relic 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 commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of fut development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of developer to comply with any such deadline. 1. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure 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 agreementq and that such modifications specifically anticipated in the development agreement Page 2 of 5 - Development Agreement Application - City of Clearwater • • E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A) ? SIGNED AND SEALED SURVEY (Including legal description of property) - One original and 12 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.) ? GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) RECEIVED ? SITE PLAN with the following information (not to exceed 24" x 36'x: All dimensions; OCT O 2008 _ North arrow; _ Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared; Location ma PLANNING DEPA _ p; _ Index sheet referencing individual sheets included in package; RTMENT Clay OF CLEARWATER _ 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, stone and sanitary sewer lines, manholes and lift stations, gas and water lines; - All parking spaces, driveways, loading areas and vehicular use areas; _ Depiction by shading or crosshatching of all required parking lot interior landscaped areas; _ Location of all refuse collection facilities and all required screening (min. 10'x12' clear space); Location of all landscape material; Location of all onsite and offsite storm-water management facilities;, _ Location of all outdoor lighting fixtures; and _ Location of all existing and proposed sidewalks. ? 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 (FA.R.) for all nonresidential uses. ? REDUCED SITE PLAN to scale (8 %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 stornwater management for the parcel; - All open space areas; Location of all earth or water retaining walls and earth berths; 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 greater, reflecting size, canopy (drip lines) and condition of such trees. Page 3 of 5 - Development Agreement Application - City of Clearwater G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A) ? LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas including swales, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers; Sight visibility triangles; Delineation and dimensions of all parking areas including landscaping islands and curbing; Proposed and required parking spaces; Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline; Location, size, description, specifications and quantities of all existing 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); ORIGINAL - Irrigation notes. RECEIVED ? REDUCED LANDSCAPE PLAN to scale (8'h X 11) (color rendering if possible); ? IRRIGATION PLAN (required for level two and three approval); OCT 0 b 2000 ? COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable. PLANNING DEPARTMENT CITY OF CLEARWATER 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 Infili 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 (8 Y2 X 11) (black and white and color rendering, if possible) as required. 1. SIGNAGE: (Division 19. SIGNS / Section 3-1806) ? Comprehensive Sign Program application, as applicable (separate application and fee required). ? . Reduced signage proposal (8'/: X 11) (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 4-801 C of the Community Development Code for exceptions to this requirement K. SIGNATURE: I, the undersigned, acknowledge that all representations made in this application are true and accurate to the best of my knowledge and authorize City representatives to visit and photograph the property described In this application. STATE OF FLORIDA, COUNTY OF PINELLAS Sworn to and subscribed before me this 2-4M -day of A ril A.D. 20 08 to me and/or by 5. Armstrong III who is personally known bow Signature property owner or representative E. D. Armstrong III J, otary p lic, My commission expires: ??,,-y ", ; "' 4 Jayne E. Sears =.? Commission # DD449633 Expires September 2, 2009 "if's.? 0en"O my ITO.1"11 noe, Ina $0415-7019 Page 4 of 5 - Development Agreement Application - City of Clearwater 4 25-99 03:iAFn1 FfvA•JOH119a1".P0p66LP M441 8.9 IT L. p.FFIDAVIT TO ALITMORIZ15 AGUNr . It & Y Cle?warer Zsl:utte, L Lc, a Iflarld4 11ant rwd Liibi ity c p4mo9 of ao propony vvmFirw . 1. 1tr l[ It pn?AO mot U10 ?Wmi[ti) auld tucard i4lD 11011141114) of ft fatkWinp datirAbod FfcpsAy (oddrus ar orhoral 10cl11eA}. ppmel Kam. 07129/?5/51-1384/00010440 - 07129. 1.5 52 t301D4f1 ?} 1 (}7 29 15 5?380/40010530 G7/29/15/52380/OUQ/0§50 L Thnl Uds propulW conaliturol urp pmpD[tpforuWch a re4ueel flea. (describe mquoQ Devel0PMG11C Agreement zppUv,&tL4n r PLANNING DEPAR BEM CITY OF CLEARWA R e. Tnattno uAdofsi?nod {UOtd,?a+m} nppalr;lDd and (daastdoy ttpR0lnu S. U. Arm8crattg 111, S44u:Lte 11114 3ohuson, Fnra, Bokc1Y, UPpul & Burns, LLP na{.hi9Jtt,xlr} epr rtt(pl is elGSUtb any geailona or Dtnor 4ocLlptm% ndraasaly to e6mut,u, i paGrlorc 4. Tbet tW pQldrrtthss boon meamo W indum tno City of ClaerWator. Pit fills te wnoLdar:tnd acct an lim abon tleat=dbed pmpenr. s. nra! 1111, Wilu is the pMpm=y awnumsary by CIW A,prz549006Y 9'n ofdef 10 0ro03a11414 tppllcnlou Mid u10 minaf tlutbDrltal Glly rop:nseuuiGuoulovlultnndpl:atograpbinarrepwrlyd,lx.:rl6edL[1111aappri ?an? Ly C7.ee[s+.ntt4sr LsCata, LT.L` 6. f1rv1{ihw}. U1B w,duirryliad ouesor y, r0r01o-yeuritiy tile)=ha tomOd;llt Is km arid clunsful. Bp: K& r Y41rt:L4TG 1 i cd i=?t;rDitiJ.p, prolrlrnyormaf l?jyil?/i??rC. Pdttel. "''• C;CUt4rY OFxjjl0i,1:6}ugh E emre la s', undmu6plreJ, R8 bdflwf duly coMmisutunal by tho.hl a of 1:10 WON of fla?ida, os Iris " day of APri..l, 2008 pnrsPnyllYapplart3i r,„C. Patn7.,, li9"- vehonotilnpDzeaa retY:filt d, 0 sruat:s eio1 sty s-iiwigie AI.F undarntlmdj lba eanlsm0 At kal-- l rhos rarnPd 51On5 qua? '•'MAmisl,;1$ Mt lber 0£ IC rA P H01d•Lalg, Cener.sl r;lrttaer. C It & 'e Partners L:1udrPd ?aotaYt'at+de Pty Comnfaeton INEdierr. Ynrtuibnhip, Manager 0i K & P C1aarwater Zstzte, MC, 0,111 AgladSSA A. T3LAS r, !r?Y CCyi4btIS5117N # DD 41:,253 EXr*HE;-! IMY 1, 261130 [•aCF [dD,riSF[M FLNri,Y v'mAladF%-- MG $; Ipli[rpggg AYPpammNlAr{oD:r+J?[w Funr?+rlpN•A.b1MnaAf ratdpwlt,avd'Op,tngrYrtreoA'+?Ir fRpfrgiun9.duV ,.._----...-,y ORIGINAL .... ... ...... RECEIVED . OCT 0 8 2QU0 T-870 P-91/01 Mop* pa3t1. of 0- tlauelaAiMIr AQMBIMa: Appllcttda[I - Chy of Cluummtor ORIGINAL RECEIVED Exhibit "Al Page .1 of 2 OCT 0 8 2000 DESCRIPTION: (AS FURNISHED) PLANNING DEPARTMENT CITY OF CLEARWATER PARCEL A LOT 1, BLOCK A', COLUMBIA SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 60, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH THE VACATED SOUTHERLY 1 FOOT OF GULF VIEW BOULEVARD ADJACENT TO SAID LOT 1, AND THE VACATED WESTERLY 1 FOOT OF CORONADO DRIVE ADJACENT TO SAID LOT 1, SAID VACATED PORTIONS BEING SHOWN BY RESOLUTION FILED NOVEMBER 27, 1959, IN O.R. BOOK 757, PAGE 40, PUBUC RECORDS OF PINELL S COUNTY, FLORIDA, AND ALSO LOTS 44, 45, 46, 47, 90, 91, 92, 93, 94, 95, 96, AND 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH, THE VACATED WESTERLY-1.86 FEET OF CORONADO DRIVE ADJACENT TO SAID LOT 93. PARCEL B LOTS 48, 49, 50; 51, 52, AND-98, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL F LOT 55, NORTH 40 FEET OF LOT 56, SOUTH 20 FEET OF LOT 101, ALL OF LOT 102, AND THE NORTH 30 FEET OF LOT 103, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBUC RECORDS OF. PINELLAS COUNTY, FLORIDA. LOTS 53, 54, 99, 100 AND THE NORTHERLY 30 FEET OF LOT 101, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. TOGETHER WITH THE FOLLOWING VACATED RIGHT OF WAY: PARCEL G A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING A PART OF SAID GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD-WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED BELOW: BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION: THENCE S.05'32'30"W. ALONG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05'32'30W., A bISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.0534'08"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE S.05'31'21"W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 160.05 FEET, THENCE N.84'27'30"W., A DISTANCE OF 34.98 FEET; THENCE N.05'32'30"E. ALONG THE CENTMWNE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 456.33 FEET; THENCE S.41'28'18"E., A DISTANCE OF 16.55 FEET; THENCE S.05'29'40"W., A DISTANCE OF 0.58 FEET; THENCE $.84'30'20"E, A DISTANCE OF 6.00 FEET; THENCE N.05'29'40"F., A DISTANCE OF 18.97 FEET;. THENCE CONTINUE N.05'29'40"E, A DISTANCE OF 1.03 FEET, THENCE N.41'00'13"W., A DISTANCE OF 17.95 FEET; THENCE N.48'31'37"E., A DISTANCE OF 14.15 FEET' THENCE N.90'00'00"E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF S.28'11'29"W.; THENCE S.05'32'30'W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90'00'00"W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING VACATED RIGHT OF WAY: PARCEL H A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS • DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, DYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE -PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, i FLORIDA; THENCE N.90'00'00"E, ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE N.05'32'30"E ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND •A CHORD BEARING OF N.28'11'29"E. TO THE POINT OF BEGINNING; THENCE N90'00'00"W., A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEEL A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63'52'46"E.; THENCE S.89'54'00"E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE -SOUTHEASTERLY ALONG'A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING S.45'5954"E. TO A POINT OF NON-TANGENT CURVE; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF AFORESAID GULF VIEW' BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET,. A CHORD OF 11.89 1 FEET AND A CHORD BEARING N77'55'43"W.; THENCE N.89'54'00°W. ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY OF AFORESAID GULF VIEW BOULEVARD BEING A CURVE TO THE LEFT HAVING A -RADIUS OF 34.00 FEET, AN ARC OF 23.30 FEEL, A CHORD OF 22.84 FEET AND A CHORD BEARING OF S.70'27'47"W. TO THE POINT OF BEGINNING. Exhibit "A" Page, 2 of 2 .:,,a.:....d.sh«?- s,?:=?z?.?:....1.:5`::: ??;?:i="•''?rhi??w:i.r'.rs •. .:;,?;, s. ? ti - -- -- ? •-----_"_ _. TOGETHER WITH THE FOLLOWING VACATED RIGHT OF WAY: ORIGINAL RECEIVED PARCEL I PLANNING DEPARTMENT A PORTION OF THE 60-FOOT RIGHT-OF-WAY OF FIRST AVENUE, (A.K.A. FIRST STREET PER FIELD), THE PLAT OF CWATER LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 12 OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA), MORE PARTICULARLY DESCRIBED AS: FROM THE SOUTHWEST CORNER OF LOT 55, LLOYD-WHITE-SKINNER SUBDIVISION, AS RECORDED IN PLAT BOOK 13, PAGE 12 OF THE OFFICIAL RECORDS OF PINELLAS COUNTY, FLORIDA, RUN THENCE N05'32'30"E ALONG THE EASTERLY RIGHT OF WAY LINE OF GULF VIEW BOULEVARD AS SHOWN ON SAID PLAT A DISTANCE OF 335.00 .FEET TO THE POINT OF BEGINNING, SAID POINT ALSO BEING THE NORTHWEST CORNER OF LOT 48 OF SAID LLOYD WHITE SKINNER SUBDIVISION, THENCE N05732'30"E 60.00 FEET TO THE SOUTHWEST CORNER OF LOT 44, LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S84 27'30"E ALONG THE NORTHERLY RIGHT OF WAY LINE OF FIRST AVENUE, LLOYD-WHITE-SKINNER SUBDIVISION A DISTANCE OF 192.00 FEET; THENCE S0532'30"W ALONG A LINE 18 FEET WEST OF AND PARALLEL WITH THE WESTERLY RIGHT OF WAY LINE OF CORONADO AVENUE AS SHOWN ON THE PLAT OF LLOYD-WHITE-SKINNER SUBDIVISION A DISTANCE OF 60.00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID FIRST AVENUE; THENCE N89'27'30"W ALONG SAID SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 192.00 FEET TO THE POINT OF BEGINNING. TOGETHER WITH THE FOLLOWING VACATED RIGHT OF WAY: PARCEL J A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N9VOO'00"E, ALONG THE NORTH- BOUNDARY. OF SAID LOT 44, A DISTANCE OF 3.82 FEET, THENCE N0532'30"E ALONG THE EASTERLY RIGHT OF WAY LINE OF_ AFORESAID GULF VIEW BOULEVARD, SAID EASTERLY RIGHT OF WAY LYING 1.0 FEET WESTERLY OF THE WESTERLY BOUNDARY OF LOT 1, BLOCK A. COLUMBIA SUBDIVISION, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBUC RECORDS. OF PINELLAS COUNTY, FLORIDA, A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD.OF 26.18 FEET, AND A CHORD BEARING OF N2911'29"E; THENCE N90'00'00"W, A DISTANCE OF 34.32 FEET, THENCE S48'31"37"W, A DISTANCE OF 14.15 FEET FOR A POINT OF BEGINNING; THENCE S41'00'13"E, 17.95 FEET; THENCE S05'29'40"W, 20.00 FEET; THENCE N84'30'20"W, 6.00 FEET, THENCE N05'29'40'E, 0.58 FEET; THENCE N41'28'18"W A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID GULF VIEW BOULEVARD; THENCE N05732'30"E, ALONG SAID CENTERLINE A DISTANCE OF 15.06 FEET, THENCE N48'31'37"E, A DISTANCE OF 7.42 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT THE FOLLOWING THREE PARCELS: PARCEL C THE EASTERLY 18 FEET OF LOT 93; TOGETHER WITH THE WESTERLY 1.86 FEET OF THE RIGHT OF WAY OF CORONADO DRIVE ABUTTING LOT 93, LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; TOGETHER WITH A PORTION OF LOT 1, BLOCK A, COLUMBIA SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE 60, PUBUC RECORDS OF PINELLAS COUNTY, FLORIDA, AND TOGETHER WITH A PORTION. OF THE WESTERLY 1 FOOT OF THE PLATTED RIGHT OF WAY OF CORONADO DRIVE ADJACENT TO SAID LOT 1, ALL OF THE ABOVE BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 93, LLOYD-WHITE-SKINNER- SUBDIVISION, THENCE N84'27'30"W ALONG THE SOUTHERLY BOUNDARY OF LOT 93 A DISTANCE OF 18.00 FEET, THENCE ND5'32'30"E ALONG A LINE 18 FEET WESTERLY OF AND PARALLEL. TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 132.32 FEET; THENCE 5.24 FEET. ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A CHORD OF 5.23 FEET. AND A CHORD BEARING N01'47'31 "E TO A POINT ON A NON-TANGENT CURVE; THENCE 35.43 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT ' HAVING A RADIUS OF 28.66 FEET, A CHORD OF 33.22 FEET AND A CHORD BEARING S30'04'20"E; THENCE N90'00'00"E, ALONG THE'EASTERLY PROJECTION OF THE NORTHERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 0.86 FEET; THENCE S05'32'30"W, ALONG A UNE 1.86 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF. 110.62 FEET; THENCE N84'27'30'W A DISTANCE OF 1.86 FEET TO THE POINT OF BEGINNING. PARCEL D THE EASTERLY 18.0 FEET OF LOTS 97, 98, 99, 100, AND 101; TOGETHER WITH THE EASTERLY 18.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0 FEET THEREOF, LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. PARCEL E THE SOUTHERLY 20.0 FEET OF LOT 55; TOGETHER WITH LOTS 56 AND .103 LESS THE SOUTHERLY 20.0 FEET THEREOF; TOGETHER WITH THE SOUTHERLY 30.0 FEET OF LOT 102, LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. • ORIGINAL RECEIVED OCT o 8 200x8 EXHIBIT °B° PLANNING DEPARTMENT TO DEVELOPMENT AGREEMENT APPLICATION COY OF CLEARWATER K & P Clearwater Estate, LLC 100 Coronado Drive and 201, 215 and 219 South Gulfview Boulevard Section B.2 Development Agreements Supplemental Submittal Requirements: ¦ Statement of the requested duration of the development agreement, which shall not exceed ten years. The proposed duration of the development agreement is 10 years and is stated in the proposed amended and restated development agreement. ¦ Description of all existing and proposed public facilities and services that serve or will serve the development. The development will be served by City of Clearwater utilities and solid waste as stated in the development agreement. ¦ Description of the uses desired to be permitted on the land, including population densities and building intensities and heights. The proposed use is a resort hotel consisting of 450 overnight accommodation units, with a maximum height of 150 feet. ¦ Identification of zoning district changes, code amendments that will be required if the proposed development proposal were to be approved. The proposed use is allowed in the current zoning district ("T") and land use designation ("RFH"). ¦ Zoning and land use categories of all adjoining properties. Zoning Land Use North OS/R Recreation/Open Space East Tourist Resort Facilities High South Tourist Resort Facilities High West OS/R Recreation/Open Space • ORIGINAL RECEIVED OCT 0 8 2000 PLANNING DEPARTMENT CITY OF CLEARWATER ¦ Complete names and addresses of all owners of properties abutting or lying within 200 feet of the subject property as currently listed in the county records as of one week prior to the filing of an application. See list prepared by Pinellas County Property Appraiser which is attached hereto as Exhibit "C." #437689 v1 2 I#: 2004371859 BK: 13836 2479, 09/20/2004 at 01:41 PM, REC ING 5 PAGES $44.00 D DOC STAN COLLECTION $280000.00 RARLEEN F, DE BLAKER, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDMC5 Prepared by and return to: M. Lisa Shasteen, Esq. 601 Cleveland Street, Suite 930 Clearwater, FL 33755 • . Property Appraiser Pared Idendfleation Nos. 07-29-15-52390-000-0440 07 29-15-52380-000-0940 07 29-15-52380-004-0480 0729-15-52380-000-0530 07 29-15-52380-000-0550 SPECIAL WARRANTY DEED ANTONIOS MARKOPOULOS, a married man ("Mamkopoulos'), T.M. N EGAS, L.C.; a Florida limited Habiility company ("Megas-) and KOLOSSOS INN, INC., a Florida corporation ("Kolossos") whose collective post office address is 101 Coronado Drive; Clearwater, FL 33767, Pinellas County, Florida (collectively, "Grantor"}, for and in consideration of the sum of FORTY MILLION AND. N01100 DOLLARS ($40,000,000.00) paid to Grantor and other good and valuable consideration, the receipt and sufficiency of which' are hereby Wmowledged, has GRANTED, SOLD and CONVEYED and does hereby GRANT,. SELL and CONVEY unto K&P CLEARWATER ESTATE, LLC, a Florida limited liability 'company, its successors and/or assigns, whose primaryaddress is 3105 W. WATERS AVENUE,, SUITE 315, TAMPA, FLORIDA 33614, and whose Employer Identification Number is 20-1S94143 (collectively "Granter"), in fee simple, those certain parcels of land owned by each Grantor, respectively, located in Pinellas County, Florida, as morn particularly dcscnlvd in xtuE 'bit A. attached hereto and incorporated herein by reference, together with all improvements, if any, located on such land (such land and improvements being collectively refernd to ai the "Property"). SAID PROPERTY is not the homestead of Markopoulos under the laws and constitution of the State of Florida in that neither the Grantor, nor any members ofhis household reside on . . the Property, mid Markopoulos resides at. a single family residence within Pinellas County, Florida This conveyance is made and accepted subject to all matters (the "Permitted Exceptions') set forth in Schedule B of that Attomeys' Title Insurance Fund Inc., Owner's Title Tncnra.+rp Policy issued in connection with this instrument, which are incorporated herein by reference. OCT 0 B 2000 PLANNING DEFARTMENT CITY OF CLEARWATER TO HAVE AND TO HOLD the Property, together with all and singular the rights and. appautenances pertaining thereto, subject to the Permitted Exceptions, unto Grantee and Grantee's hens, successors and assigns forever. And each Graitor hereby covenants with Grantee that, with respect to that portion of the Ptoperty conveyed by such Grantor, except as above noted, that at the time of the delivery of this Special Warranty Deed the Property was free from all encumbrances made by it and that it will warrant and defend the same against the lawful claims and demands of all persons claiming by, through or under it, but against none other. Page 1 of 5 Descrfpffon: Pinellas, FL Document-Book Page 13836.2479 Page: I of 5 Order an Comment ORIGINAL RECEIVED 1 t l i PZNELLAS COUNTY FL OFF. 1AX 13836 PG 2480 ORIGINAL RECEIVED OCT 08 2000 PLANNING DEPARTMENT CITY OF CLEARWATER .BY ACCEPTANCE OF THIS DEED, GRANTEE ACKNOWLEDGES THAT GRANTOR HAS NOT MADE,. DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMIrM OR GUARANTIES OF ANY KM OR CHARACTER WHATSOEVER, WIIETIER EXPRESS OR IMPLIED, ORAL OR WRPITEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNINQ OR WITH RESPECT TO (A) THE VALUE, NATURE, QUALITY OR CONDITION OF THE PROPERTY, INCLUDING, WMIOUT LIMITATION, THE WATER, SOIL AND GEOLOGY, (B) THE. INCOME TO BE DERIVED FROM THE PROPERTY, (C) THE SUITABILITY OF. THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH GRANTEE MAY CONDUCT THEREON, (D) THE COMPLIANCE OF OR BY THE PROPERTY OR ITS OPERATION WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNUErNTAL AUTHORITY OR BODY, (E) THE HABITABILITY, MERCHANTABILITY, MARKETABILITY, PROFITABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY, (F) THE MANNER OR QUALITY OF THE CONSTRUCTION OR MATERIALS, IF ANY, INCORPORATED INTO THE PROPERTY, (G) THE MANNER, QUALITY, STATE OF REPAIR OR LACK OF REPAIR OF THE PROPERTY, OR (H) ANY OTHER MATTER WITH RESPECT TO' THE PROPERTY, AND SPECIFICALLY, THAT GRANTOR HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY DISCLADAS ANY REPRESENTATIONS REGARDING COMPLIANCE WITH ANY ENVIRONMENTAL PROTECTION, POLLUTION OR LAND USE LAWS, RULES, REGULATIONS, ORDERS OR REQUIREMENTS, INCLUDING THE DISPOSAL OR EXISTENCE, IN OR ON THE PROPERTY, OF ANY HAZARDOUS MATERIALS, EXCEPT THE WARRANTY OF TITLE EXPRESSLY SET FORTH HEREIN. GRANTEE FURTHER ACKNOWLEDGES THAT IT HAS HAD REASONABLE OPPORTUNITY TO INSPECT. THE PROPERTY, THAT IT IS SOLELY RELYING UPON ITS OWN DWM7IGATION OF TILE PROPERTY AND IN NO WAY RELYING UPON ANY REPRESENTATION, STATEMENT. CONVERSATION, ACT, OR OMISSION -OF SELLER OR OF ANY OF SELLER'S AGENTS, EMPLOYEES, OR REPRESENTATIVES WITH RESPECT TO THE PROPERTY, AND, TO THE NPAximm EXTENT PERNIITTSD BY LAW, THE SALE OF THE PROPERTY IS MADE ON AN "AS • IS" CONDITION AND BASIS WITH ALL FAULTS. EXE,VVM on the d$p set forth in the admowaedgment attached hereto to be cffmdve es of the day of S , 2004. Vol Print names A%rld?D &dfiT Autonios 1Vlarkn s Anw; ? prb t game: Page 2 of 5 Description: Pinellas,FL Document-Book Page 13836.2479 Page: 2 of 5 Order cin Comment PINELLAS COUNTY FL OFF. RE0BK 13836 PG 2481 ICo In . Print name: /? Y*!W /NRiP. 0tVg0 Antoaioa pooloe aWa Anthony Ma*xpoulos, Its President T s, L.C. gy, Antonioa nloa Its Managing ember and. President ORIGINAL RECEIVED OCT 0 B 2000 PLANNING DEPARTM 'NT CITY OF CLEARWAT R STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 'day of September, 2084 by Antonios Markoponlos, who hl)e l? me. Kc.?t y` Print name: r t'.iS? z NOTARY PUBLIC My commission expires: tIDDl6lti4 STATE OF FLORIDA r 1% 2W COUNTY OF PINELLAS Ilyla The foregoing instr mag was acknowledged before me this _L-rday of September, 2004 by Antonios Markopoulos,•aWaAnthony Madwpoulos, President of Modson Inn, Inc., on behalf of the corporation, who is personally lmpyvn to ,- • P?rin?t name: ' PGi NOTARY PUBLIC My commission expires: I? 011111 ' ??? Msflt?Wl?` Page 3 of 5 Description: Pinellas F:L Document-Book.Page 13836.2479 Page: 3 of 5. -Order cin Comment A i i I 1 Print name- trL PINELLAS COUNTY FL OFF. REC. BK 13836 PG 2482 ORIGINAL RECEIVED OCT 0 8 2000 PLANNING DEPARTMENT CITY OF CLEARWATER STATE OF FLORIDA COUNTY OF P24ELLAS The foregoing inshvment was acknowledged before me this ZZ-1day of September, 2004 by Antonios Markopoulos, the sole Manager and Member of TAL Megas, L.C, on bebalf of the company, who is personally lmowa to me. waVt r ?:G!-rte Print name: A mt NOTARY PUBLIC My c ommissbn expires: ?t ttes:Nor14, • Twotsta Page 4 of 5 'Description: Pinellas,FL Document-Book.Page 93836.2479 Page: 4 of 5 Order cin Comment 3 1 z 3 4 a i i i i i _ a H i • PnMLLAS COUNTY FL OFF. REC. BK 13836 PC 2483 ORIGINAL RECEIVED OCT .08 2000 PLANNING DEPARTMENT CITY OF CLEARWATER MMIT "A" PARCEL I - (Grantor: Anbnios Markopcalos) Lot 1, Block °A", COLUMBIA SUBDIVISION, According to plat thereof reearded in Plat Book 23, Page 6% Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of t3ulf View Boulevard adjacent to said Lot 1, and the vacated westerly 1 foot of Coronado Drive adjacent to said Lot 1, said vacated portions being shown by Resolution filed November 27,1959, in OIL Book 757,• Page 40, Public Records of Pinellas County, Floride, and also Lots 44, 45, 46, 47, 90, 91, 92, 93, 94, 95, 96, and 97, THE LLOYD-WHTIF Sl00MR SUBDIVISION, acem3mg to plat thereof recorded in Plat Book 13, Pages 12 and.13, Public Records of Pinellas County, Florida, together with the vacated Westerly 1.86 feet of Coronado Drive•adjaeentto said Lot 93. PARCEL 11 - (Grantor. Kolossos Tim Inc.) Lots 48, 49, 50, 51, 52, and 98, The Lloyd-White-Skiansr Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 12. Public Records offtelln County, Florida. PARCEL III (Grantor. TAL Mesas, LC.) Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot 103; LLOYD-WH1T&SKDHM SUBDIVISION, according to the map or plat thereof as retarded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida. Lots 5.3154,99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WflTII's-SKINNER SUBDIVISION, according to t'he map or plat thereof as recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida. Page 5 of 5 i a i i i t r Description: Pinellas,FL Document-BookPage 13836 2479 Page: 5 of 5 Order tin Comment: JIM SMITH PI1*o AS COUNTY PROPERTY APPRAI*E 1 11-Sep8 PARCEL #/BRIEF LEGAL DESC OWNER'S NAME AND ADDRESS )0 / OO / 00 / 00000 / 000 / 0000 'ROPERTY ADDR• )7 / 29 / 15 / 52380 / 000 f LLOYD-WHITE-SKINNER SUB LOTS 1 THRU 32 INCL LESS W 140FT OF E 215 FT OF S 1/2 OF LOT 18 AND W 140FT 'ROPERTY ADDR: )7 / 29 / 15 / 52380./ LLOYD-WHITE-SKINNER LOTS 44 THRU 47 INCL LOTS 90 THRU 93 INCL 1r BLK A OF COLUMBIA DROPERTY ADDR: ------------------------ 0010 CLEARWATER, CITY OF ATTN: CASH & INVESTMENTS MGR P O BOX 4745 CLEARWATER FL 33758 4748 000 / 0440 K & P CLEARWATER ESTATE LLC 3UB 5600 MARINER ST # 227 & TAMPA FL .& LOT 33609 3417 SUB & -------------------------------------------- )7 / 29 / 15 / 52380 / 000 / 0480 LLOYD-WHITE-SKINNER SUB LOTS 48-52 INCL & LOT 98 & S 1/2 OF W 105FT(S) OF VAC PART OF FIRST AVE'LYING 'ROPERTY ADDR: K & P CLEARWATER ESTATE LLC 5600 MARINER ST # 227 TAMPA FL 33609 3417 ORIGINAL RECEIVED OCT 0 8 2000 PLANNING DEPARTMENT CITY OF CLEARWATER --- - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - )7 / 29 / 15 / 52380 / 000/ 0530 K & P CLEARWATER ESTATE LLC LLOYD-WHITE-SKINNER SUB 5600 MARINER ST # 227 LOTS 53r 54r 99 & 100 & TAMPA FL N' LY 30FT OF LOT 101 33609 3417 TOGETHER WITH VAC E'LY 1/2 'ROPERTY ADDR: 215 GULFVIEW BLVD ------------------------------------------------------------------------- r7 / 29 / 15-t 52380 / 000 / 0550 LLOYD-WHITE-SKINNER SUB N'LY 40FT OF LOT 55 & S'LY 20FT OF LOT 101 & N'LY 20 FT OF LOT 102 TOGETHER 'ROPERTY ADDR: ------------------------------------- ?7 / 29 / 15 / 52380 / 000 / 0560 LLOYD-WHITE-SKINNER SUB N'LY 40FT OF LOT 56 & S'LY 2OFT OF LOT' 55 & S'LY 30FT OF LOT 102 & N'LY 30FT OF "ROPERTY ADDR K & P CLEARWATER ESTATE LLC 5600 MARINER ST # 227 TAMPA FL 33609 3417 CLEARWATER. CITY OF ATTN: CASH & INVESTMENTS MGR P O BOX 4748 CLEARWATER FL 33758 4748 JIM SMITH PI?LAS COUNTY PROPERTY APPRA?R ORIGINAL 11-Sefi-Zo08 PAGE; 2 RECEIVED PARCEL #/BRIEF LEGAL DESC OWNER'S NAME AND ADDRESS OCT 0 B 2000 07 / 29 / 15 ! 52380 / 000 / 0570 CRYSTAL BEACH CAPITAL LLC PLANNING DEPARTMENT LLOYD-WHITE-SKINNER SUB 101 E KENNEDY BLVD STE 2125 CITY OFCLEARWATER LOTS 57 & 104 & S 2OFT OF TAMPA FL LOTS 56 & 103 LESS E 10FT 33602 5189 OF LOT 104 & LESS E 10FT PROPERTY ADDR'. ------------------------------------------------------------------------- D7 / 29 / 15 / 52380 / 000 / 0580 LLOYD-WHITE-SK INNER SLJB LOTS 58 & 59 TOGETHER WITH S 1/2 OF VAC THIRD ST ADJ ON N LESS E 10FT PER O.R. PROPERTY ADDR: )7 /' 29 / 15 / 52380 / 000 / 0940 LLOYD-WHITE-SKINNER SIJB LOTS 94-97 INCL & S 1/2 OF E 87FT(S) OF W 192FT(S) OF VAC PART OF FIRST AVE 'ROPERTY ADDRI )7 / 29 / 15 / 52380 / 000 ! LLOYD-WHITE-SKINNER SUB LOTS 105 & 106 & N'LY 1/2 OF LOT 107 LESS E 10FT THEREOF PER OR 15057/2479 'ROPERTY ADDR'. ------------------------------ )7 / 29 / 15 / 52380 / 000 ! LLOYD-WHITE-SKINNER SUB E 10FT OF LOTS 104. 105 & 106 &. E 10FT OF S 2OFT OF LOT 103 & E 1OFT OF N 1/2 =ROPERTY ADDR'. CRYSTAL BEACH CAPITAL LLC 101 E KENNEDY BLVD STE 2125 TAMPA FL 33602 5189 K & P CLEARWATER ESTATE LLC 5600 MARINER ST 0 227 TAMPA FL 33609 3417 1050 CRYSTAL BEACH CAPITAL LLC 101 E KENNEDY BLVD STE 2125 TAMPA FL 33602 5189 1051 CLEARWATER . CITY OF ATTN CASH & INVESTMENTS MGR PO BOX 4748 CLEARWATER FL 33758 4748 )8 / 29 / 15 / 00000 / 320 / OZOO BEG NE COR CORONADO DR & 1ST STREET TH N06DE 100FT TH 884DE 100FT TH S06DW 100FT TO N LINE OF 1ST ST 'ROPERTY ADDRI 105 CORONADO DR DECADE COMPANIES INCOME PROPERTI N19 W24130 RIVERWOOD DR STE 100 WAUKESHA WI 53188 1131 JIM SMITH PI LAS COUNTY PROPERTY APPRA R 11-Sep-2008 PACE: 3 PARCEL #/BRIEF LEGAL. DESC 08 / 29 / 15 / 00000 / 320 / 0300 UNPLATTED TRACT TOGETHER WITH LOTS 1 & 2 & LAND TO BULKHEAD LINE, BAYSIDE SUB ALL DESC LEG SW CDR OF PROPERTY ADDR: 40 DEVON DR ------------------------------------ a8 / 29 / 15 / 15606 / 000 / 0010 CITY PARK SUB LOT 1 8 LAND ON W & VAC CORONADO DR & PARK AREA AND LOT 2 AND LAND ADJ TO 'ROPERTY ADDR --------------------------------------- OWNER'S NAME AND ADDRESS SEA CAPTAIN C/O EIFERTr DONALD .F 526 BELLE ISLE BELLEA€R BEACH FL 33786 3612 CLEARWATERr CITY OF ATTN; CASH & INVESTMENTS MGR P O BOX 4748 CLEARWATER FL 33758 4748 )8 / 29 / 15 / 15606 / 000 / 0100 CLEARWATERr CITY OF CITY PARK SUB ATTN: CASH & INVESTMENTS MGR LOTS 10,11r12r13r & PART P O BOX 4748 LYING S TO SEAWALL LESS CLEARWATER FL LEASES & PK AREA W OF 33758 4748 'ROPERTY ADDR 45 CAUSEWAY BLVD ----------------------------------------- a8 / 29 / 15 / 15606 / 000 / 0132 CITY PARK SUB BOATSL € P 153 & 70FT X 14FT DOCK N OF BO ATSLIP 152 OF CLEARWATER MARINA 'ROPERTY ADDR: ----------------------------------- CLEARWATERr CITY OF ATTN; CASH & INVESTMENTS MGR P O BOX 4748 CLEARWATER FL 33758 47'48 ORIGINAL RECEIVED OCT 0 8 2000 PLANNING DEPARTMENT CITY OF CLEARWATER )8 / 29 / 15 / 15606 / 000 / 0140 CLEARWATERr CITY OF CITY PARK SUB AT'TN; CASH & INVESTMENTS MGR WATER LOT i LESS PARCEL IN P O BOX 4748 SW COR CLEARWATER FL 33758 4748 'ROPERTY ADDR: --___--__---____________________________________________________________ )8 / 29 / 15 / 15606 / 000 / 0141 CITY PARK SUB . PT WATER LOT 1 DESC AS FROM SW CDR OF WATER LOT 1 OF CITY PARK SUB RUN W 'ROPERTY ADDR: 101 CORONADO DR ------------------------------------ DECADE COMPANIES € NCOME PROPERT I N19 W24130 RIVERWOOD DR STE 100 WAUKESHA WI 53188 1131 JIM SMITH PI .LAS COUNTY PROPERTY APPRA R 11-Sep-2008 PAGE: 4 PARCEL */BRIEF LEGAL DESC OWNER'S NAME AND ADDRESS ORIGINAL RECEIVED 08 / 29 / 15 / 17550 / 002 / 0010 TRACEYr CHRISTINA M EST OCT 08 2000 COLUMBIA SUB C/O TRACEYr MARLYN PR PLANNING DEPARTMENT BLK B r S 5OFT OF W 1/2 OF 957 ELDORADO AVE CITY OF CLEARWATER LOT 1 CLEARWATER BEACH FL 33767 PROPERTY ADDR: 207 CORONADO DR ---------------------------------------- - ------------------ ?8 / 29 / 15 / 17550 / 002 / 0011 COLUMBIA SUB BLK Br E 1/2 OF LOT 1 'ROPE'RTY ADDR -------------------------------------- 38 / 29 / 15 / 17550 / 0+02 / 0012 COLUMBIA SUB BLK Br N 100FT OF W 1/2 OF LOT 1 'ROPERTY ADDR: - ----------------------------------- )8 / 29 / 15 / 17550 / 002 / 0020 COLUMBIA SUB BLK Br E 115FT OF LOT 2 MAZ,UR r JAN MAZUR r JAN I NA 216 HAMDEN DR CLEARWATER FL 33767 2446 'ROPERTY ADDR: 216 HAMDEN DR --------------------- i8 / 29 / 15 / 17550 / 002 / 0021 COLUMBIA SUB BLK Br W 105FT OF LOT 2 AND N 5OFT OF LOT 4 OF COLUMBIA SUB REPLAT 'ROPERTY ADDRa 221 CORONADO DR 18 / 29 / 15 / 17568 / 000 / 0010 COLUMBIA SUB REPLAT S 90FT OF LOTS 1 AND 2 CLE€iRWATER r CITY OF ATTN : CASH & INVESTMENTS MGR P O BOX 4748 CLEARWATER FL 33758 4748 DECADE COMPANIES INCOME PROPERTI N19 W24130 RIVERWOOD DR STE 100 WAUKESHA WI 53188 1131 -------------------------------------- RUDMANr MIRKO RUDMANr ANKA 217 COR.ONADO DR CLEARWATER FL 33767 2431 K g P CLEARWATER ESTATE II LLC 5600 MARINER ST STE 227 TAMPA FL 33609 3417 ROPERTY ADDR. 229 CORONIADO DR • ? JIM SMITH PI .LAS COUNTY PROPERTY APPRA R 11-Sep-2008 PAGE: 5 ORIGINAL • RECEIVED PARCEL #/BRIEF LEGAL DESC OWNER'S NAME AND ADDRESS OCT 0 8 2000 DS / 29 / 15 / 1756$ / 000 / 0030 CHR I STMAN r KENNETH R SR PLANNING DEPARTMENT COLUMBIA SUB REPLA T CHR I STMAN , LINDA J CIiY OF CLEARWATER LOT 3, N 35 FT LOT Z, N 225 CORONADO DR 35 FT LOT 1 & S 15 FT LOT CLEARWATER FL 4 33767 2431 PROPERTY ADDR : , 225 CORONADO DR -------------------------------------------------------------------------- TOTAL PARCELS: 25 • ' jgd Y'N1r'°° ??? ??Of YqF? o ??e? +tf'is3ssirriri ?F?'~w °O'p?.esNi?6? PLANNING DEPARTMENT • CITY OF C LEARWAT ER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLEAvENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAx (727) 562-4865 December 19, 2008 E. D. Armstrong, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757-1368 RE: Development Order - DVA2008-00001 100 Coronado Drive Dear Mr. Armstrong: The City Council at their meeting on December 18, 2008, APPROVED the amended and restated Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater for the site generally located at 100 Coronado Drive. If you have any questions, please do not hesitate to call Wayne M. Wells, A1CP, Planner III, at 727-562-4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com. *Make Us Your Favorite! Sincerely, Michael elk, AIC Planning Director , S: (Planning DepartmentICD BIDevelopment Agreements (DVA)IDVA2008-00001 Coronado 0100K & P Clearwater Estate (T) - Approved 20081Coronado 0100 CC Decision Letter 12.19.08.doc From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Friday, November 14, 2008 1:36 PM To: Akin, Pam Cc: Wells; Wayne; Katie Cole Subject: TRG/Patel. Development Agreement.final Attached is the word document with the change to Section 5.04 (4) re 18' parking spaces. See my previous email. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 11/14/2008 ;;;-.- ? i? 0 0 Wells, Wayne . From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Friday, November 14, 2008 1:34 PM To: Akin, Pam Cc: Wells, Wayne; Katie Cole; ehooper1 @aol.com; Joe Burdette aburdette505 @tampabay.rr.com) Subject: 100 Coronado - Development Agreement (Revision) Parking.PDF Attached is a change we have made to Section 5.04 (4) of the Agreement regarding parking spaces, changing the minimum length from 19' to 181. The approved plans depict 181. we will have the signed agreements delivered to you on Monday. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 1 the Second Amended and Restated Development Agreement for Property in the City of Clearwater between the City and Beachwalk Resort, LLC. A representative cross section reflecting such improvements is attached hereto as Exhibit L. 4. Public Parking Spaces, Parking Protocol If applicable, the Developer may charge fees to the public for use of the Public Parking Spaces, on terms and rates which are market-based and commensurate with terms and rates which are in effect for comparable beachfront, covered parking structures in Florida resort areas (the "Parking Fee"). Developer may retain all such fees, subject to taxes and similar impositions generally applicable to such income. Public Parking spaces within the Project shall be no narrower than nine (9) feet and no shorter than nineteen (19) eighteen Meet, and no two-way aisle shall be less than twenty four (24) feet in width. The Developer shall provide (i) eight (8) Public Parking Spaces by valet only, or (ii) may make payment to the City in lieu of providing such spaces of no more than $30,000 per space or $240,000 total. Such payment shall be calculated based on the total cost of City-provided public parking on Clearwater Beach, including but not limited to construction and land costs, but in no way shall exceed agreed upon price. The Developer shall implement the Parking Protocol described on Exhibit O, which shall be applicable to all parking with in the Project. 5. Dedication of Palm Court easement area. The Palm Court easement area shall be open to the public and operated in accordance with the terms of the Easement Agreement. 6. Developer's Pro Rata Share. The Developer shall be responsible for its Pro Rata Share, less only the transportation impact fee credits which may be credited against the Developer's Pro Rata Share. The Developer's Pro Rata Share shall be determined and paid as follows: The City has completed construction of all of the South Gulfview and Beach Walk Improvements. The Developer has established a letter of credit, trust account or escrow facility for the payment of the Developer's Pro Rata Share (the "Share Payment Facility"). The Share Payment Facility makes provision for the City to be able draw down the Developer's Pro Rata Share in amounts equal to the percentage completion certified by the City Manager of the City multiplied times the Developer's Pro Rata Share. The Developer's Pro Rata Share is the Net Cost of the South Gulfview and Beach Walk Improvements multiplied by a fraction in which the front footage of the Project Site along the South Gulfview and Beach Walk Improvements is the numerator and the total frontage along South Gulfview and Beach Walk Improvements is the denominator (the "Share Formula"). In the event that the Developer's Pro Rata Share is less than anticipated above, to the extent the City has received any payment in excess thereof, the City shall return to the Developer any such excess payment within thirty (30) days of such determination. In the event the Developer's Pro Rata Share exceeds the amounts received in payment thereof as of completion of the South Gulfview and Beach Walk Improvements, the Developer shall pay the City the difference within thirty (30) days of written request from the City. 13 Message Page 1 of 1 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Thursday, November 13, 2008 10:18 AM To: Akin, Pam Cc: Wells, Wayne; Katie Cole; 'drkirancpatel@yahoo.com; Joe Burdette Oburdette505@tampabay.rr.com); ehooper1@aol.com; EFordin@RELATEDGROUP.COM Subject: 100 Coronado - Final Dev. Agt. (Email 1 of 3) Attached is a word document of the final development agreement. Some of the exhibits are "hard copies" and are not attached to this document. I will separately email you a pdf of the agreement with all exhibits (will be in 2 parts due to the size of the file). We will have two originals executed and delivered to you prior to the meeting. (You indicated you need them on Monday - Dr. Patel will be attending the meeting and could execute them there before the meeting starts, but if you need in advance we will Fed. Ex to him.) Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Bums, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 11/13/2008 0 0 Wells, Wayne From: Jayne. E. Sears [JayneS@jpfirm.com] Sent: Thursday, November 13, 2008 10:32 AM To: Akin, Pam Cc: Wells, Wayne; Katie Cole; EFordin@RELATEDGROUP.COM; ehooper1@aol.com; 'Hunraf@aol.com' Subject: 100 Coronado - Final. Dev. Agt. (Email 2 of 3) F DevAgtl.PDF First 73 pages of Development Agreement are attached. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Thursday, November 13, 2008 10:40 AM To: Akin, Pam Cc: Wells, Wayne; Katie Cole; EFordin@RELATEDGROUP.COM; ehooper1@aol.com; 'Hunraf@aol.com'; 'drkirancpatel@yahoo.com' Subject: 100 Coronado - Final Dev. Agt. (Email 3 of 3) DevAgt2.PDF Attached are last 68.pages of Development Agreement. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 a PLANNING DEPARTMENT .7 CITY OF CLEARWATER POST OFFICE BOX 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLEAVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4567 FAX (727) 562-4865 October 24, 2008 E.D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P.O. Box 1368 Clearwater, FL 33757 RE: DVA2008-00001, 100 Coronado Drive Dear Mr. Armstrong: The Community Development Board (CDB) at their meeting on October 21, 2008, voted to recommend to the City Council APPROVAL of an amended and restated Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater for the property at 100 Coronado Drive. This amended and restated Development Agreement is scheduled for review and decision by City Council on Tuesday, November 18, 2008. If you have any questions, please do not hesitate to call Wayne M. Wells, Planner III, at 727-562-4504. You can access _zoning infor_m?tion for narcels within the City through oltr wPh.ci_t_P- www.myeleai-water.conVgov/deptsrp Ian niii g. &S"?rely, ? Michael Delk, AICP Planning Director S: (Planning DepartmentlC D BIFLEX (FLD)IPending cases)Up for the next CDBIDVA2008-00001 Coronado 0100K& P Clearwater Estate, LLC (7) - 11.18.08 CC - WWICoronado 0100 CDB Decision Letter 10.24.08.doc uL._... C.._. -...._.._ ..._ A ____..--- A __... T.... II iviessage 0 Wells, Wayne rage i of 1 From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Monday, October 20, 2008 9:28 AM To: Wells, Wayne Cc: 'Hunraf@aol.com; Ed Armstrong; Katie Cole Subject: 100 Coronado - RE: FLD2008-05013 and DVA2008-00001, 100 Coronado Drive The conditions of approval are acceptable to the applicant. Please let me know if the FLD will be placed on the consent agenda. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 10/20/2008 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, October 16, 2008 3:26 PM To: Jayne Sears (E-mail) Subject: FLD2008-05013 and DVA2008-00001, 100 Coronado Drive Jayne - Attached are the Staff Reports for the above referenced cases to be heard by the CDB at their meeting on October 21, 2008. With the FLD case, please review the Conditions of Approval and let me know no later than 10:00 am on Monday, October 20, 2008, if the Conditions of Approval are acceptable or not. My attached expert witness resume needs to be attached to both reports. Thanks. (PS: Go Rays. We will sweep tonight. Hello World Series.) Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 7 MUM INVURI 27-562-4865 MITI Coronado Coronado Wells Wayne - 10 Staff Report -Amended Dev. Kpert Witness R Message Page 1 of 3 Wells, Wayne From: Katie Cole [Katiec@jpfirm.com] Sent: Tuesday, October 14, 2008 8:34 PM To: Wells, Wayne Cc: Clayton, Gina; Watkins, Sherry; Jayne E. Sears; Akin, Pam; Ed Armstrong Subject: RE: GM08-921613-014 : Per my email below, these are mainly the substantive changes that Pam has suggested since we submitted the agreement (the copy that I sent you today was the same she sent you Friday - her changes to the submitted document). DVA A is the clean copy that incorporated city/client negotiations to date; DVA B is the version sent to you by Pam on Friday and me today that includes Pam's further suggested changes on behalf of the City. The applicant has not yet agreed to these changes and I cannot commit to their acceptance by tomorrow afternoon (they have just been forwarded to the client today upon my receipt of the city's changes). The version submitted is the version to be put forth to the CDB. After discussion at CDB and further negotiation between the applicant and the city, the version may change prior to City Council. I spoke to Pam this afternoon about this and it was also her impression that additional changes would be made after CDB. As always, please call if you have further questions. Thanks for checking in - Katie -----Original Message----- From: Wayne.Wells@myClearwater.com (mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, October 14, 2008 7:40 PM To: Katie Cole Cc: Gina.Clayton@myClearwater.com; Sherry.Watkins@myClearwater.com; Jayne E. Sears Subject: GM08-92166-014 : Katie - I have compared the most recent revised Development Agreement that is in my file (referred to as DVA A) which is the same as the Development Agreements that are in the packets to go to the CDB, and they reflect the changes in the Development Agreement that you attached that has red and blue underlining and/or strikethrough and has at the top in red "9/9/08 - merged file with additional changes after Pam and Katie meeting" (referred to as DVA B), except the following: 1. DVA A still has the provisions on Page 12 relating to 7. Concessions" (Section 5.03.7). In DVA B this section 7 was in blue and was all strikethrough. 2. DVA A still has the principal place of business for the Developer in Miami on Page 16, whereas in DVA B it was to be changed to Tampa (Section 9.01.7). 3. DVA A still has an "unavoidable delay" the "severe economic crisis as declared by reputable economist", whereas DVA B had this as a strikethrough (Section 14.01.2 on Page 24). 4. DVA A still has in Exhibit H, Required Permits and Approvals, #12 and #13 relating to the bridge, which DVA B had these two items as a strikethrough (Page 55). For 1, 2, 3 and 4 above, should these be changed, and,, if so, should they be changed now before the CDB packets are sent out on Thursday? Time is of the essence and our offices close at 2:30 pm on Wednesday. Please let me know as soon as possible any decision regarding the above. 10/15/2008 Message • ? Page 2 of 3 x Wayne -----Original Message----- From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Tuesday, October 14, 2008 4:14 PM To: Wells, Wayne Subject: RE: GM08-9216B-014 I believe that is correct. CDB will see what we submitted, some more changes are made based on staff and CDB input, then council sees an updated version (if client agrees to changes). This is my first time going through this so that is just a guess.... if I were you (ha ha ha)... I would write the staff report based on what we submitted and note the changes recommended by staff? Would that work? Pam's changes are in a different color. Some are just rewording. Material changes she offered include: concession sales timeframe for vertical commencement and excused performance change requirement for city to consider additional vacation ordinances Katie -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, October 14, 2008 4:13 PM To: Katie Cole Subject: GM08-92168-014 Katie - So...the version I am reviewing in the Staff Report and sending to the CDB may not be the version that City Council will see (???). Wayne PS: Thanks for the score update last night. Rays did it again. I say we sweep in Boston. Bring on the World Series. -----Original Message----- From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Tuesday, October 14, 2008 4:04 PM To: Wells, Wayne Subject: FW: GM08-9216B-014 : Wayne- I told you incorrectly last night. This draft includes PAM's most recent changes. Sorry - I hadn't received it when we last spoke. I am waiting to hear from our client if any/all of these changes are acceptable. Katie -----Original Message----- From: Pam.Akin@myClearwater.com [mailto:Pam.Akin@myClearwater.com] Sent: Tuesday, October 14, 2008 2:05 PM To: Katie Cole Subject: FW: GM08-9216B-014 10/15/2008 Message Page 3 of 3 -----Original Message----- From: Akin, Pam Sent: Friday, October 10, 2008 4:40 PM To: Katie Cole (E-mail) Cc: Delk, Michael; Wells, Wayne Subject: GM08-92166-014 : <<RELATED amended and restated DVA working doc_v2_vl .DOC>> On my computer, my changes are showing up in pink. Call if you have questions 10/15/2008 Vessage Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Tuesday, October 14, 2008 7:40 PM To: 'Katie Cole' Cc: Clayton, Gina; Watkins, Sherry; Jayne Sears (E-mail) Subject: GM08-9216B-014 : Katie - I have compared the most recent revised Development Agreement that is in my file (referred to as DVA A), which is the same as the Development Agreements that are in the packets to go to the CDB, and they reflect the changes in the Development Agreement that you attached that has red and blue underlining and/or strikethrough and has at the top in red "9/9/08 - merged file with additional changes after Pam and Katie meeting" (referred to as DVA B), except the following: 1. DVA A still has the provisions on Page 12 relating to 7. Concessions" (Section 5.03.7). In DVA B this section 7 was in blue and was all strikethrough. 2. DVA A still has the principal place of business for the Developer in Miami on Page 16, whereas in DVA B it was to be changed to Tampa (Section 9.01.7). 3. DVA A still has an "unavoidable delay" the "severe economic crisis as declared by reputable economist", whereas DVA B had this as a strikethrough (Section 14.01.2 on Page 24). 4. DVA A still has in Exhibit H, Required Permits and Approvals, #12 and #13 relating to the bridge, which DVA B had these two items as a strikethrough (Page 55). For 1, 2, 3 and 4 above, should these be changed, and, if so, should they be changed now before the CDB packets are sent out on Thursday? Time is of the essence and our offices close at 2:30 pm on Wednesday. Please let me know as soon as possible any decision regarding the above. Wayne -----Original Message----- From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Tuesday, October 14, 2008 4:14 PM To: Wells, Wayne Subject: RE: GM08-921613-014 I believe that is correct. CDB will see what we submitted, some more changes are made based on staff and CDB input, then council sees an updated version (if client agrees to changes). This is my first time going through this so that is just a guess.... if I were you (ha ha ha)... I would write the staff report based on what we submitted and note the changes recommended by staff? Would that work? Pam's changes are in a different color. Some are just rewording. Material changes she offered include: concession sales timeframe for vertical commencement and excused performance change requirement for city to consider additional vacation ordinances Katie 10/14/2008 4Vlessage Page 2 of 2 -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, October 14, 2008 4:13 PM To: Katie Cole Subject: GM08-9216B-014 Katie - So...the version I am reviewing in the Staff Report and sending to the CDB may not be the version that City Council will see (???). Wayne PS: Thanks for the score update last night. Rays did it again. I say we sweep in Boston. Bring on the World Series. -----Original Message----- From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Tuesday, October 14, 2008 4:04 PM To: Wells, Wayne Subject: FW: GM08-92168-014 Wayne- I told you incorrectly last night. This draft includes PAM's most recent changes. Sorry - I hadn't received it when we last spoke. I am waiting to hear from our client if any/all of these changes are acceptable. Katie -----Original Message----- From: Pam.Akin@myClearwater.com [mailto:Pam.Akin@myC[earwater.com] Sent: Tuesday, October 14, 2008 2:05 PM To: Katie Cole Subject: FW: GM08-9216B-014 -----Original Message----- From: Akin, Pam Sent: Friday, October 10, 2008 4:40 PM To: Katie Cole (E-mail) Cc: Delk, Michael; Wells, Wayne Subject: GM08-9216B-014 : <<RELATED amended and restated DVA working doc_v2_v1.DOC>> On my computer, my changes are showing up in pink. Call if you have questions 10/14/2008 r? Message Page 1 of 2 Wells, Wayne From: Wells, Wayne Sent: Tuesday, October 14, 2008 4:31 PM To: 'Katie Cole' Cc: Clayton, Gina Subject: GM08-92168-014 : Unfortunately, I have a deadline to produce some Staff Reports and this Staff Report will be based on what has been submitted for CDB review and recommendation. Pam's changes will just have to occur later and will need to be reflected in the City Council information. -----Original Message----- From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Tuesday, October 14, 2008 4:14 PM To: Wells, Wayne Subject: RE: GM08-92166-014 I believe that is correct. CDB will see what we submitted, some more changes are made based on staff and CDB input, then council sees an updated version (if client agrees to changes). This is my first time going through this so that is just a guess.... if I were you (ha ha ha)... I would write the staff report based on what we submitted and note the changes recommended by staff? Would that work? Pam's changes are in a different color. Some are just rewording. Material changes she offered include: concession sales timeframe for vertical commencement and excused performance change requirement for city to consider additional vacation ordinances Katie -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, October 14, 2008 4:13 PM To: Katie Cole Subject: GM08-9216B-014 Katie - So...the version I am reviewing in the Staff Report and sending to the CDB may not be the version that City Council will see (???). Wayne PS: Thanks for the score update last night. Rays did it again. I say we sweep in Boston. Bring on the World Series. -----Original Message----- From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Tuesday, October 14, 2008 4:04 PM To: Wells, Wayne Subject: FW: GM08-92166-014 10/14/2008 . r, Message 0 • Page 2 of 2 Wayne- I told you incorrectly last night. This draft includes PAM's most recent changes. Sorry - I hadn't received it when we last spoke. I am waiting to hear from our client if any/all of these changes are acceptable. Katie -----Original Message----- From: Pam.Akin@myClearwater.com [mailto:Pam.Akin@myClearwater.com] Sent: Tuesday, October 14, 2008 2:05 PM To: Katie Cole Subject: FW: GM08-92166-014 : -----Original Message----- From: Akin, Pam Sent: Friday, October 10, 2008 4:40 PM To: Katie Cole (E-mail) Cc: Delk, Michael; Wells, Wayne Subject: GM08-92166-014 : <<RELATED amended and restated DVA working doc_v2_vl .DOC>> On my computer, my changes are showing up in pink. Call if you have questions 10/14/2008 Wells, Wayne From: Katie Cole [Katiec@jpfirm.com] Sent: Tuesday, October 14, 2008 8:41 AM To: Wells, Wayne Cc: Jayne E. Sears Subject: RE: DVA2008-00001, 100 Coronado Drive Sure - changes/additions include: - vacation of Parcel J (the area where the bridge. was previously located on the approved plan) - ability to contract with city provider for concession service - update public parking options to reflect developer's option to pay in lieu of providing the spots - Exhibit M - parking protocol (changed due to change in design and employee parking) - change from last submittal is that K&P is the sole applicant/signatory; this is not a change from prior DVA - update of Developer's pro rata share to indicate what Developer has paid to date and remaining obligation to meet prior commitment To note: the prior DVA (and therefore the associated resort pool units) expired in 2015. The new DVA does NOT extend this date. It does propose to give the developer three years to begin vertical commencement and then the opportunity to go to the commission to request an extension through the 2015 date. It also requires the city to consider (but obviously not pass) amendments to the previously approved vacation ordinances that expire in March 2010 if vertical construction has not commenced. Let me know if you have any other questions. Katie -----Original. Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Tuesday, October 14, 2008 8:27 AM To: Katie Cole Subject: DVA2008-00001, 100 Coronado Drive Katie - When we talked late yesterday, you mentioned the main things this Development Agreement application does to that previously approved (updated...). Can you jot those things this Agreement does as soon as possible in an email? The application material does not state those things you mentioned. It would help me tremendously with the Staff Report. Thanks. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 1 ORIGINAL RECEIVED 14 RESPONSES TO COMMENTS DVA2008-00001 100 CORONADO DRIVE GENERAL ENGINEERING: OCT d 8 2000 PINING DEPARTMENT CITY OF CLEARWATER Comment No. 1: What is being described Item 24 on Page 6? Is this the Public Court shown on Sheet A-01? Although indicated as public, this area appears private. What measures will be taken to provide obvious public access? Response No. 1: See revised plans; only the palm court is a public area. Comment No. 2: Items 32 and 33 on page 7 indicate that the right-of-way of South Gulfview is approximately 28 feet in width. The roadway is 28 feet wide not the right-of-way. Response No. 2: See revised plans. Indicates a 28 ft. road.. Comment No. 3: Item 30 - Page 7 - A continuous right turn lane along the west side of Coranado shall be provided from Second Street to S. Gulfview Blvd. Response No. 3: See revised plans. Comment No. 4: Item 2.03.e-Page 9-Exhibit H is a list of required permits/approvals. Is this sub item needed with the bridge being eliminated? Or should this refer to Exhibit E? Response No. 4: See revised Development Agreement. Comment No. 5: Item 3.01.3-Page 11-This should this be updated to reflect the current payment schedule and status. Response No. 5: Exhibit N reflect the current payment schedule and its status. . Awaiting update from city to fill in the details of this exhibit. Comment No. 6: 5.03.1. The small parcel is identified as parcel J in Exhibit K. To facilitate the vacation of this parcel, the applicant shall submit a separate signed and sealed survey and legal description of Parcel J. Response No. 6: The applicant is separately submitting to Engineering an application for vacation of the right-of-way shown as Parcel J. Such vacation is contemplated in Exhibit K. Comment No. 7: Item 5.03.5-What is being proposed as Pedestrian Access Improvements? See Comment #1. ORIGIN& RECEIVED OCT 0 8 2008 PLANNING DEPARTMENT Response No. 7: The pedestrian access improvements have been deleted. CnvoFCLEARWATER Comment No. 8: Item 5.03.8-This should be deleted since Beach Walk is completed. Response No. 8: See revised Development Agreement. Comment No. 9: Item 5.03.9.-References to Beach Walk should be deleted. Response No. 9: . See revised Development Agreement. Comment No. 10: Item 5.03.10-This should be deleted since Beach Walk is completed. Response No. 10: See revised Development Agreement. Comment No. 11: Item 5.03.11-This should be deleted since Beach Walk is completed. Response No. 11: See revised Development Agreement. Comment No. 12: Item 5.05.3-Internal Comment-How do we make sure this gets coordinated with Aqualea? Response No. 12: [Internal comment to staff] Comment No. 13: Item 5.05.3-Reference is made to Exhibit N? Response No. 13: See revised exhibit. Comment No. 14: Item 5.05.4-Parking spaces may be 18 feet long rather than the 19 feet stated. Response No. 14: Acknowledged. Comment No. 15: Item 5.05.4-Reference is made to Exhibit O? Response No. 15: See revised Development Agreement. Comment No. 16: Item 5.05.5-What is being proposed here? Response No. 16: See revised Development Agreement. Comment No. 17: Item 5.05.6-Since the bridge has been deleted, should this section be eliminated? Response No. 17: See revised Development Agreement. Comment No. 18: Item 5.06.7-This should be updated to reflect current payment schedule and status. 2 • • ORIGIN& RECEIVEr, OCT 0 8 2000 Response No. 18: This language was agreed upon by Legal. PLANNING DEPARTMENT CITY OF CLEARWATER Comment No. 19: Exhibit A-Provide sketches depicting ROW vacations. Response No. 19: Provided. Comment No. 20: Exhibit E includes a sketch of a Pedestrian Court on the west side of the proposed project. How does this maintain the public nature of the promenade? See Comment #1. Response No. 20: See revised plans. Comment No. 21: Exhibit H-Items 5 and 6 are included in Item.1. Response No. 22: See revised plans. Comment No. 22: Exhibit H-Item 10 should read FDEP Water Permit as this has reverted back to the state. Response No. 22: See revised' plans. Comment No. 23: Exhibit H--Items 12 and 13-Is a pedestrian bridge proposed? If not delete these two items. Response No. 23: See revised plans. Comment No. 24: Exhibit J-See Comment #1. Response No. 24: See revised plans. Comment No. 25: Exhibit K-Includes a description of Parcel J. See Comment #5. Response No. 25: See revised plans. Comment No. 26: Exhibit K-After the Warranty Deed for Parcel E, the copy of the Land Exchange Agreement does not include all the appropriate parcels. Response No. 26: See revised plans. Comment No. 27: Exhibit M-What input is needed for this exhibit? Response No. 27: See revised plans. ENVIRONMENTAL: No Issues. FIRE: 3 No Issues. HARBOR MASTER: No Issues. LEGAL: Comment No. 1: Response No. 1: LAND RESOURCES: No Issues. LANDSCAPING: No Issues. • • Comments provided separately by Pam Akin. PARKS AND RECREATION: No Issues. STORMWATER: No Issues. SOLID WASTE: No Issues. ORIGINAL RECERfFF) OCT 0 B 2000 PLANNING DEPARTMENT CITY OF CLEARWATER TRAFFIC ENGINEERING: Comment No. 1: The development agreement under the section "Obligations of the Developer" shall include language providing for the installation of a continuous right turn deceleration lane from the intersection of Coranado Drive/Gulfview Boulevard to Second Street at the developer's sole expense. Response No. 1: See revised plans showing such turn lane. Such plans are part of agreement and therefore lane cannot be removed. PLANNING: Comment No. 1: Page 3-Top paragraph-Line 4-Remove the period after "and"; remove one comma after "BEACH". Response No. 1: See revised Development Agreement. 4 --- • • ORIGINAL RECEIVED OCT 0 8 2000 Comment No. 2: Page 5-Revise for the following: PLANNING DEPARTMENT CITY OF CLEARWATER Response No. 2 Comment No. 3: Response No. 3: Comment No. 4: Response No. 4: Comment No. 5: a. #7-Remove the period before #7; remove the comma after "means"; and b. #15-Unclear why "First Street Dedication" isn't "Second Street Dedication" as it will formally be known as Second Street. Additionally, hasn't the Second Street dedication already been recorded, so that the OR Book and Page can be filled in? See revised Development Agreement. Page 6-Revise for the following: a. #24-Regarding the proposed loggia and Palm Court, see comments under FLD2008-05013, which staff is not supportive of such improvements within the public right-of-way; b. #27-Under FLD2008-05013 the retail is not being viewed as accessory to the Resort Hotel, but rather a primary use; and c. #28-Should "First Street Dedication" rather be "Second Street Dedication"? See revised Development Agreement. Page 7-Revise for the following: a. #28-Shouldn't "Relocated First Street" rather be "Second Street"? b. #31-Shouldn't "Relocated First Street" rather be "Second Street"? Revise at the end of the first line "road" to "right-of-way"; C. #32-Relocated South Gulfview is a public right-of- way with the roadway being 28 feet in width, not the right-of-way. Correct? d. #33-There are two #33's. Renumber; and e.. #34-Third line-Add "Drive" after "Coronado". See revised Development Agreement. Section 2.03.1- a. Shouldn't the "Project" be described as including the Resort Hotel and accessory uses (private parking, restaurant, spa, etc.) and public parking...? Staff is viewing the retail use as a primary, rather than accessory, use. 5 ORIGINAL • ? RECEEVFp OCT 08 2000 PLANNING DEPARTMENT CITY OF CLEARWATER b. Section 2.03.1.a-Second sentence should be moved to 2.03.1.b. Additionally, making accessory private parking available to the public on a space available basis most likely will not be "free" to the public but for a fee, which may require a Business Tax Receipt (occupational license). The operational aspects of this arrangement may need to be set out in the Development Agreement to avoid insufficient parking for the guests and employees of the Project, as staff has brought up concerns regarding provided parking under the FLD review. C. Section 2.03.1.b-uncle.ar as to what is meant by "required" valet parking, as the City does not require valet parking, but is proposed by the applicant through the building design. d. Section 2.03.1.c-Staff is viewing the retail use as a primary, rather than accessory, use. e. Section 2.03.1.d-Last sentence in the second paragraph is unclear as to meaning regarding changing the ratio of Hotel Units to Fractional Share Units. Do you mean that the number of Hotel Units can increase and the Fractional Share Units can be decreased, but could this "ratio" be changed in the opposite? Response No.5: See revised Development Agreement and revised plans regarding access to retail via corridor. The retail is an accessory use. Further, the ratio can change only to the positive of hotel rooms and not otherwise as referenced by the agreement. Comment No. 6: Section 2.03.4-In addition to no Hotel Unit or Fractional Share Unit being allowed as a primary or permanent residence, both of these Units should be restricted to prohibit such Units from being used to obtain an Business Tax Receipt (occupational license) for the purpose of conducting a "home occupation". Response No. 6: Acknowledged. Comment No. 7: Section 5.03.1-Unclear where this small portion of South Gulfview to be vacated is located, as the Exhibit is not filled in. Per the Civil Site Plan, do you mean Parcel A or Parcel B on Sheet C4? Unclear of the ramifications if such vacation does not occur. Advise. Response No. 7: See revised Development Agreement. 6 ai?ovz?A? • • OCT 0 8 2000 PLANNING DEPARTMENT CITY OF CLEARWATER Comment No. 8: Sections 5.03.8-5.03.12-Unclear as to the need for these Sections, since South Gulfview and Beach Walk are constructed. Advise. Response No. 8: See revised Development Agreement. Comment No. 9: Sections 5.05.3 and 5.05.4-Shouldn't "Relocated First Street" rather be "Second Street"? Response No. 9: See revised Development Agreement. Comment No. 10: Section 5.05.6-Language in this Section appears to be old, referring to the "Bridge" and "Residential Condominium". Revise. Response No. 10: See revised Development Agreement. Comment No. 11: Section 5.05.7-Appears some of the language in this Section is old, since the City has financed and constructed South Gulfview and Beach Walk improvements. Update language. Response No. 11: See revised Development Agreement. Comment No. 12: Section 5.05.8-There is no Section 5.05.8, as it skips from 5.05.7 to 5.05.9. Either insert 5.05.8 as "Reserved" or renumber sections. Response No. 12: See revised Development. Agreement. Comment No. 13: Section 5.05.9-The Code language is "Declaration of Unity of Title", not a "Covenant of Unified Use". This Section may be retained, but be aware that the Planning Department will still require the recording of a Declaration of Unity of Title (for Condominiums-but will need to revise to provide for the Fractional Share Units portion of the project) prior to the issuance of any permit, as a condition of approval for the FLD case. Should the Project not be constructed, the Code procedure is to "Release of Declaration of Unity of Title", not the language in this Section. Response No. 13: Refers to requirement other than Unity of Title requirement. Acknowledged. Comment No. 14: Section 5.05.11-Shouldn't "First Street Dedication" be "Second Street Dedication". Response No. 14: Acknowledged. 7 ?KSC?sr ?? RECEIVED OCT 0 8 2000 PLANNING DEPARTMENT CITY OF CLEARWATER Comment No. 15: Section 16.01.1.e-This paragraph refers to "Residential Units", which is old language, since there are no residential units in this Project. Additionally, "Hotel Units" should be changed to "Fractional Share Units". Response No. 15: Acknowledged. Comment No. 16: Page 34-Shouldn't the City's title (above Mayor's signature) be "The City of Clearwater, Florida" rather than "The City Florida of Clearwater, Florida"? Response No. 16: Acknowledged. Comment No. 17: Exhibit D-Should update the survey based on comments under the FLD review. Response No. 17: Acknowledged. Comment No. 18: Exhibit G-Section 2.1.1-Revise "(250)" to "(450)" to coincide with the written number. Response No. 18: Acknowledged Comment No. 19: Exhibit H-Revise #12 and #13, as these are old language not applicable to this application. Response No. 19: Acknowledged. Comment No. 20: Exhibit I- a. This Exhibit is fine per se, but the City will still require the recording of a Declaration of Unity of Title prior to the issuance of any permits; and b. In the 'NOW, THEREFORE" paragraph, on the sixth line, unclear what is meant by "mixed-use project" as this is solely an overall overnight accommodation use. Response No. 20: Acknowledged. Comment No. 21: Exhibit J-Planning Staff is not supportive of the improvement as submitted under the FLD application affected by this Easement Agreement. Response No. 21: Acknowledged. See revised FLD application. 8 -- • ORIGn,gAI REGEIt?p OCT 0 8 2000 Comment No. 22: Exhibit K-Revise for the following: PLANNING DEPARTMENT CITY OF CLEARWATER a. Paragraph B-Refers to Coronado "Avenue" when it is really Coranado "Drive"; and b. Paragraph D-There is no pedestrian bridge being removed with this FLD or DVA,. which was under the prior FLD and DVA. Response No. 22: See revised Development Agreement. Comment No. 23: Exhibit M-The dictionary does not include "voluments". Do you mean "volumes"? Response No. 23: Acknowledged. Other: No Comments. 9/15/2008 8:42 AM 049313.115456 #440024 v1 - TRG/Response to DVA Comments 9 0 .. 0 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Wednesday, October 08, 2008 9:12 AM To: Wells, Wayne Cc: Akin, Pam; Katie Cole Subject: DVA2008-00001/100 Coronado ME1 RELATED.park g protocol exhib Wayne, FYI. I will be bringing this over to swap into packages as well as a revised Exhibit N (Developer's Pro rata Share). The change to "N" is just to note that Invoice 6 (currently indicated as "not yet paid") should now be added to "payments received". Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 -----Original Message----- From: Katie Cole Sent: Thursday, October 02, 2008 9:24 AM To: 'Pam.Akin@myClearwater.com' Cc: 'michael.delk@MyClearwater.com'; Ed Armstrong; drkirancpatel@yahoo.com; 'Eric Fordin' Subject: FW: Existing Exhibit from Kiran Grand DVA Pam- Based on conversations with the planning department, please exchange the attached Exhibit M for the one currently included in the DVA. The revised exhibit includes a provision for employee parking. Please let me know any other changes that may be necessary. Thanks Katie I • • EXHIBIT M PARKING PROTOCOL The following parking protocol shall be implemented by the Developer ix-erder--to provide adequate parking for guests and employees and to reduce the incidence of traffic backups at the entrance to the Project at the Gttl&iew Coronado Ave. porte cochere (the "Gul&iew EntraneeL'): Adequate valets shall be employed to handle anticipated traffic volumes. Valets shall be provided as needed in the porte cochere area as well as on each parking level where valet parking service is required to park the cars of hotel guests, the public and hotel staff. 1. Vehicles awaiting valet service shall be parked in the porte cochere area of the Project (the "Porte Cochere") so long as space is available. 2. 3. Hotel event planners will take all steps reasonably necessary to provide additional valet to prevent a traffic backup on Coronado Avenue. In extraordinary circumstances, guests can be directed to enter the valet queue either under the Porte Cochere or enter the garage directly from Second Street to await valet service. For example, (i) parties booking such events will be provided copies of written directions suitable for distribution advising guests directing them to proceed directly to the Second Street Entrance and (ii) prior to such events steps will be taken to maximize the number of spaces available in the street level parking area for use by guests attending the event. 4. Hotel employees shall be permitted to park in the garage pursuant to the same operational procedures as guests at a rate not to exceed the daily public parking rate set by the City of Clearwater for public parking lots on South Clearwater Beach. From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Wednesday, October 08, 2008 9:19 AM To: Wells, Wayne Cc: Akin, Pam; Katie Cole Subject: DVA2008-0001/100 Coronado - Exhibit N Attached is the revised Exhibit N I mentioned in my previous email. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 10/13/2008 9 0 K&P Clearwater Estates Pro-rata Share Calclulation 9/24/2008 Total South Gulfview Construction Costs (Coronado to Adams Mark) $ 16,319,126 Less Utility Costs (Water, Sewer, Stormwater) (1,898,518) Construction Costs Prior to Grants 14,420,608 Less Anticipated Grants FHWA Transportation Safety Grant $ (2,951,784) FHWA Bike Path Grant (491,964) FHWA Sidewalk Grant (350,000) HUD Construction Grant (843,200) (4,636,948) Construction Costs Subject to Reimbursement 9,783,660 Total project length = 2330' K&P South Gulfview frontage = 780' K&P % = 78072330' 33.476395% K&P Share of Costs $ 3,275,217 Traffic Impact Fee Calculation 350 "resort hotel" units @ $3,208/unit $ 1,122,800 75 condominium units @ $1,270/unit 95,250 1,218,050 Credit of 200 "motel (budget style)" units @ $910/unit (182,000) Total Traffic Impact Fee due $ 1,036,050 Less City 50% share of Traffic Impact Fee (518,025) Net Amount Due from K&P Clearwater Estates $ 2,757,192 Less Payments Received Date Received Invoice #1 7/17/2007 $ (229,175.66) Invoice #2 9/28/2007 (628,862.49) Invoice #3 1/31/2008 (816,128.83) Invoice #4 4/8/2008 (529,656.59) Invoice #5 7/8/2008 (342,167.52) Invoice #6 (146,958.34) BALANCE DUE $ 64,242.57 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Tuesday, October 07, 2008 3:52 PM To: Akin, Pam; Wells, Wayne Cc: EFordin@RELATEDGROUP.COM; 'Hunraf@aol.com; 'Keith Zayac'; Katie Cole; Ed Armstrong Subject: 100 Coronado - Vacation of Pedestrian Bridge R-O-W VacationRequ est.PDF Attached for your information is a copy of the request for.partial vacation of South Gulfview (Parcel J) which was submitted to Steve Doherty in the Engineering Dept. this afternoon. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 • • JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW E. D. ARMSTRONG III BRUCE H. BOKOR JOHN R. BONNER, SR.• CHARLES A. BUFORD GUY M. BURNS KATHERINE E. COLE JONATHAN S. COLEMAN MICHAEL T. CRONIN BRIAN R. CUMMINGS ELIZABETH J. DANIELS . COLLEEN M. FLYNN JOSEPH W. GAYNOR* RYAN C. GRIFFIN MARION HALE REBECCA L. HEIST SCOTT C. ILGENFRITZ FRANK R. JAKES TIMOTHY A. JOHNSON, JR.- SHARON E. KRICK ROGER A. LARSON ANGELINA E. LIM MICHAEL G. LITTLE MICHAEL C. MARKHAM ZACHARY D. MESSA A. R. "CHARLIE" NEAL F. WALLACE POPE, JR. ROBERT V. POTTER, JR. JENNIFER A. REH DARRYL R. RICHARDS PETER A. RIVELLINI DENNIS G. RUPPEL CHARLES A. SAMARKOS SARAA. SCHIFINO 911 CHESTNUT ST. • CLEARWATER, FLORIDA 33756 POST OFFICE BOX 1368 • CLEARWATER, FLORIDA 33757-1368 TELEPHONE: (727) 461-1818 • TELECOPIER: (727) 462-0365 SCOTT E. SCHILTZ• KIMBERLY L. SHARPE MURRAY B. SILVERSTEIN JOAN M. VECCHIOLI STEVEN H. WEINBERGER JOSEPH J: WEISSMAN STEVEN A. WILLIAMSON 'OF COUNSEL FILE No. 49313.115456 October 7, 2008 Via Hand Delivery Mr. Stephen L. Doherty City of Clearwater Engineering Department 100 South Myrtle Avenue, #220 Clearwater, FL 33756-5520 Re: Vacation Request - Partial Vacation of South Gulfview Dear Steve: Enclosed is an original Vacation Request Filing Form requesting the partial vacation of South Gulfview Boulevard, adjoining the applicant's property located at 100 Coronado, Clearwater Beach. Also enclosed are this firm's check in the amount of $500.00, payable to City of Clearwater, for the filing fee, and letters of no objection from Verizon, Knology and Bright House Networks. We have also requested a letter from Progress Energy and we will deliver it to you as soon as we receive it. Enclosed is a sketch and legal description of the portion of South Gulfview proposed to be vacated. The area proposed to be vacated adjoins the portion of S. Gulfview which was previously vacated by Ordinance No. 7947-08 but this area was retained as right-of-way as it was expected to be used for a pedestrian bridge. The proposed plans for redevelopment of 100 Coronado, as described in DVA2008-00001 and FLD 2008-05013, no longer include a pedestrian bridge. TAMPA ? CLEAF M7ER . ? ST. PETERSBURG • i JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Mr. Stephen L. Doherty. October 7, 2008 Page 2 Please call me if you need any additional information in order to process the vacation request (iaynesca-)ipfirm.com). Thank you. Sincerely, Jayne E. Sears Legal Assistant js encls. cc: Pamela Akin, Esquire Wayne Wells, AICP Mr. Eric Fordin (w/encls.) Mr. Joe Burdette (w/encls.) #454042 v1 0 0 CITY OF CLEARWATER Engineering Department FORM NUMBER 100 South Myrtle Avenue, Room 220 1311-0104 P.O. Box 4748, Clearwater, FL 33758-4748 Ph.: 72 562-4750 Fax: 72 562-4755 VACATION REQUEST FILING FORM Safe: Responses to Items I - 9 are required 1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE: K & P Clearwater Estate, LLC Name: Attn: Dr.: Kiran C. Patel Phone: Address: 5600 Mariner... Suite.. 200. Tampa, FL 33609 HEREBY PETITIONS THE CITY COUNCIL OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOLLOWING: ? EASEMENT TYPE: ® STREET RIGHT-OF-WAY ? ALLEY ? OTHER: 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED: See Exhibit "A" attached - a sketch and legal description of a portion of South Gulfview Boulevard. *Applicant's representative: E. D. Armstrong III, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP P. 0. Box 1368 Clearwater, FL 33757-1368 3. STREET ADDRESS OR SEWPLE LOCATION: The portion-of South Gulfview proposed to be vacated adjoins the property located at 100 Coronado. 4. PROPOSED USE OF VACATED PROPERTY: The vacated parcel will be part of the proposed redevelopment of 100 Coronado. Please see Exhibit "B" attached for additional information. 5. ZONING OF ADJOINING PROPERTY: North: OS/R South:. T East: T (City Park) West: OS/R (Beach Walk) 0 Printed on recycled paper Page 1 Revised 6/24/1005 0 . 9 6. REQUIRED ATTACHMENTS: a. Proof of Property Ownership b. Land Survey of Property c. Site Plan showing Proposed Use of Vacated Property - Please see FLD2008-05013 and DVA 2008-0001 d. Filing Fee per Ordinance No. 5969-96: ($500.00 for a Right-of-Way/alley or $400.00 for an Easement) 7. THE FOLLOWING FOUR LETTERS OF NO OBJECTION ARE REQUIRED: a. Progress Energy b. Verizon Florida, Inc. c. Knology Broadband of Florida, Inc. d. Bright House 8. NAME, ADDRESS AND TELEPHONE NUMBER OF PROPERTY OWNER (PLEASE PRINT) ® Same as Applicant K & P Clearwater Estate, LLC By: K & P Partners Limited Partnership, Name: :Manager Phone: By: K & P Hold4g, L.C.? Address: 9. OWNERS SIGNATURE: ---' Date: Managing Member STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this0 A day of September , 2008 3 by Kiran C. Patel, as Managing Member of ho is personally known to me or has produced' --- - - - as identification. (Type of identification) My. Commission expires: *K & P Holding, L.C., a Fla. ltd. liability company, General Partner of K & P Partners Limited Partnership, a Fla. ltd. partnership, Manager of K & P Clearwater Estate, LLC, a Fla..lfd. liability company 0 Printed on recycled paper Page 2 Name of notary typed, printed or stamped: +F? MELISSA A. BLAS MY COMMISSION # DD 415253 EXPIRES: May 1.2009 1.8003NOTARY PL Notary Discount Aftoo. Co. evised 6/2412005 0 0 SKETCH of DESOM PTIOPI SM i of 2 ZMEM EXHIBIT "A" PARCE! J A PARCEL OF LAND BEND A PART OF GULF VEIN BOULEVARD. AS DEPICTED ON THE PLAT OF COLIJIIBYI SUBONtSION. ACCOR(*W TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 23, PAGE 60. OF THE RMW RECORDS OF PNELLAS COUNTY. FLORIOA, BE11NG MORE PARTICUL/IRLY DESCBIFIED AS FOUANfs: COMMEMC G AT THE NORTHWEST CORNER OF LOT 44, OF UDM-WHffE-SKNM SIIBOM1ASION. ACCORDING TD THE PLAT THEREOF. AS RECORDED ON FIAT -,OOK 13. PAGE 12 AM 13, OF TFE PUBLIC RECORDS OF PNELLAS COUNTY. FLORIDA; THENCE N90'00'00'E ALONG THE NORTH BOUNOJVtnf OF SAD LOT 44. A DISTANCE OF 392 FEET; THENCE NOS32'30'E ALONG THE EASTERLY RK;fTr OF MAY LINE OF AFORESAID GULF NEW BOULEVARD. S41D EASTERLY RIGHT OF WAY LYNG 1.0 FEET WESTERLY OF THE WESTERLY BOUNDARY OF LOT 1. BLOCK A. COUAIBIA SU80MSION. AS RECORDED N PLAT BOOK 23. PACE 60. OF THE PUBLIC RECORDS OF PNELLAS COUNTY. FLORIDA; A DISTANCE OF 098 FEET TT) POINT OF A CURVE; THENCE NORWASTERIY ALDNC SAID EASTERLY RIGHT-OF-WAY OF QU VIEW BOIL BEND A CURVE TO THE RIGHT HAVING A RADNS OF 34.00. AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET. AND A CHORD BEARNG OF N26'11'29'; THENCE N9000VD1N. A DWMCE OF 34.32 FEET, THENCE S48'31'37 W, A DISTANCE OF 14.15 FEET FOR A POINT OF SEGNNIN6; THENCE S41'OO'13"E. 17.95 FEET; THENCE SDTW40*W. 20.00 FEET; THENCE N84 30'20'W. 6.00 FEET; THENCE MOTn'4O'E, 0.58 FEET; THENCE N41'28'18'Mt A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE CENTERU E OF SAID GULF YEW BOULEVARD; THENCE NOT&301. ALONG SAID CENTERLINE A DISTANCE OF 15.06 FEET; THENCE N48'31'37'1:. A DISTANCE OF 7.42 FEET TO THE POINT OF BEGNHANC. CONTAINS: 416 SOIWiE FEET (0.0096 ACRES). MORE OR LESS. LEGEND kum 1. MD NOW= OF IIBCOro w11RWfM E42BUM MW OF MW M WO 00m r sm rune TO 10 SLQW lOw Dun m soft t Im 111E)W oafs WT AHEM an mavmE owas r. W) Haw PFAF MM M fucErow memo 1®w 0[RMOI F/oAM141 roM 0 woos I USE OF IM SCOW IW AV0E OF}o11 IM WX F'FlaJI M FOR WL SE 11E 1E-UM ME IM OM09 LVBLR r 10 11E su YCIL 4. AE SM ¦ i F1QM0D WNW IM lWR W A CMW MIX OOIww110R ND O S1GW 10 E48MM RON$-OF-NO' IYN URM YA1FM OF WRL L 1i WMI W= ON WE NWM wO QW W LOT 44 ASS wEMUw I1H0'0a'0o? ? PP"AMW FpC M The Fw1wd Ohaq DAIL 4/U/00 HOC STJ140013r WdD jIMUM, Inc. 4W* bd *A .r Ap/I[ 1 "del ed r r ? 10? " 60 v 111 PO W1 UM wCUMAM r = w>~ OM A ? 1 eaw IMIA llama cumin I. FLA. 34M oww?s = ~ r f r. mw. rues w mr !ow 1? An IN ?1/S? aowa?uCw01 •nrmouF o As wl?j 4599 " puo ws4-u4: Mlt pIW'am W • • SKETCH of DESCRIPTION SMW2OF 2SEM i SCU 30' i ua2c?? RMI=23MW0 t PARCEL. J I i<u? I - - - - t t~ 44 I I t j I I LAT 44 j LOOT 45 I ? I I O I m sy ? . I I t I THE UAkD-WHRE-SKINNER SLJWMSXM I A f FW M 13 NIK 12-13 1 I FIRST AVENUE CHM ao,Ic x 2L,• wri l Exhibit "B" The applicant requests vacation of the portion of South Gulfview Boulevard which is more particularly described and depicted on Exhibit "A" to this petition ("Parcel J"). The portion of the right-of-way of South Gulfview which adjoins Parcel J to the north and south was previously vacated on April 17, 2008 (see attached Ordinance No. 7947-08). At the time of the vacation, Parcel J was not included as it was intended to be the location of a pedestrian bridge connecting the Beach Walk to the property at 100 Coronado. The applicant has applied to the City for redevelopment of 100 Coronado (DVA2008- 00001 and FLD 2008-05013). The proposed redevelopment plans no longer include the pedestrian bridge and, accordingly, the applicant now requests a right-of-way vacation of Parcel J. The utility companies have no objection to the proposed right-of-way vacation. Based on applicant's pre-application meeting with Engineering staff and the City Attorney, this request is necessary to support the redevelopment of 100 Coronado. #452100 v1 - TRG/Ex to Vacation Request • 700 Carillon Parkway, Suite 6 St. Petersburg, FL 33716-1101 tel 727.329.2000 :?; 1 E bright T :5 house NETWORKS Date: Oct. 6th, 2008 Re: Request for Partial Vacate of South Gulfview Parcel "J" Dear Jayne: Thank you for advising us of subject proposed project/ vacation/ adjustment. XX Bright House has no objection. SEE NOTES. Bright House has no objections provided easements for our facilities are granted or retained as shown on the attached drawing. Bright House has no objections provided applicant bears the expense for relocation of any Bright House facilities to maintain service to customers affected by the proposed vacation. In order to properly evaluate this request, Bright House will need detailed plans of facilities proposed for subject areas. Bright House has facilities within this area, which may conflict with subject project please call one call locating. SEE NOTES Bright House requires 30 days written notice prior to construction start date to relocate their facilities. Please refer any further correspondence and pre-construction meeting notices to: W. Scott Creasy at (727) 329-2817 NOTES: No Objection. Sincerely, r5 W. Scott Creasy Field Engineer III Bright house Networks Vo" lie? Verizon Florida LLC 1280 Cleveland St. MC FLCW 5033 Clearwater, FL 33755-4913 (727) 562-1102 (727) 385-9653 Mobile Facsimile: (727) 562-9613 lane r1.iohnson4verizon.com September 15, 2008 Ms. Joyce Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP Attorneys & Counselors At Law 911 Chestnut Street P.O. Box 1368 Clearwater, FL 33757-1368 RE: Request for the Partial Vacation of South Gulf View Boulevard Parcel J Pinellas County Dear Ms. Sears: Verizon Florida LLC will require easements as indicated on the attached plat. Verizon Florida Inc requires no additional easements. .. Verizon Florida LLC does object to the above referenced right of way vacation. This is necessary, as we have facilities in the existing rights of way, which needs to be maintained. Verizon Florida LLC has no objection to the above referenced request. Verizon Florida LLC has no objection to the above referenced vacate providing we may maintain an easement(s) presently occupied by our facilities or providing we are reimbursed for the relocation of our facilities to a new location. Please be advised that Verizon may have facilities in the area. Please contact Sunshine One Call 48 hours prior to commencement of construction at 811 for utility locations. Please call me if you have any questions or need any additional information at (727) 562-1102. Sincerely Ran ohnson Specialist-Network Engineering Support A part of Verizon Corporation 0 9 KNOLOGY° Telephone Cable TV Internet September 16, 2008 Johnson, Pope, Bokor, Ruppel & Burns, LLP Attorneys and Counsellors At Law 911 Chestnut St Clearwater, FL 33757 RE: Request for Partial Vacation of South Gulfview Dear Ms. Sears: Thank you for advising us of the subject proposed plat / vacation of easement/R.O.W. _X_ Broadband of Florida, Inc. has no objection. In order to properly evaluate this request, Knology Broadband of Florida, Inc. will need detailed plans of facilities proposed for the subject area. Knology Broadband of Florida, Inc. has facilities within this area which may 'conflict with the subject project. Knology Broadband of Florida, Inc. has no objections provided easements for our facilities are granted or retained as shown on the attached drawing or applicant bears the expense for relocation of any Knology Broadband of Florida, Inc. facilities to maintain service to customers affected by the proposed vacation. Please refer any further correspondence and pre-construction meeting notices to: Knology Broadband of Florida, Inc. Bill King Construction.Supervisor _ 3001 Gandy Blvd. N. Pinellas Park, FL 33782 Notes: kRFitz trick Field Engineer Knology Broadband of Florida, Inc. 727-239-0155 Office 727-217-2649 Fax 3001 Gandy Boulevard North • Pinellas Park, FL 33782 • www.knotogy.com 0 9 JOHNSON, POPE, BOKOR, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW E D. ARMSTRONG III BRUCE H. BOKOR JOHN R BONNER. SR• CHARLES A. BUFORD GUY M BURNS KATHERINE E COLE JONATHAN S. COLEMAN MCHAELT. CRONIN BRIAN R CUMMNGS ELIZABETH J. DANIELS COLLEEN M FLYNN JOSEPH W.GAYNOR• RYAN C. GRIFFIN MARION HALE REBECCAI- HEIST SCOTTC. ILGENFRITZ FRANK R. JAM lTMOTHY A JOHNSON. JR.• SHARON E. KRICK ROGER A LARSON ANGELINA E. UM MCHAELG. LITTLE 911 CHESTNUT ST. • CLEARWATER, FLORIDA 33756 POST OFFICE BOX 1368 • CLEARWATER, FLORIDA 33757-1368 TELEPHONE: (727) 461-1818 • TELECOPIER: (727) 462-0365 MCHAEL C. MARKHAM ZACHARY D. MESSA A R. 2 CHARLIE" NEAL F. WALLACE POPE. JR ROBERT V. POTTER, JR. JENNIFERA REH DARRYL R. RICHARDS PEIER A RIVELLINI DENNIS G. RUPPEL CHARLES A SAWRKOS SARAA SCHIFINO SCOTT E SCHILTZ• KIMBERLY L SHARPE MJRRAY B. SILVERSTEIN JOAN M VECCHIOLJ STEVEN H. WEINBERGER JOSEPH J. W13SSM4N STEVEN A WILLIAMSON *OF COUNSEL FILE No. 49313.115456 September 12, 2008 Knology Broadband . 3001 Gandy Boulevard North Pinellas Park, FL 33782 Attention Jay Young Re: Request for Partial Vacation of South Gulfview Dear tor. Young: This firm represents Clearwater Beach Resort-Hdtel, LLC ("Developer"), which intends to develop the property located at 100 South Coronado ("Project Site"). Developer is in the process of submitting applications to the City for flexible . development approvals for redevelopment of the Project Site with a 450-unit destination resort hotel. In connection with the redevelopment of the property, Developer, joined by the current property owner, K & P Clearwater Estate, LLC will apply to the City for a partial vacation of S. Gulfview of the parcel described as "Parcel T' ir the enclosed sketch and legal description. The City previously vacated the portion of South Gulfview surrounding Parcel J (see enclosed vacation ordinance) but Parcel J remained as right-of-way as it was intended for a pedestrian bridge from the Project Site to the public beach. As the pedestrian bridge is no longer a part of the proposed development plans for the Project Site, Parcel J needs to be vacated. This is a request for a letter of no objection in connection with the proposed vacation. If you have utilities located in the area proposed to be vacated, please respond as to your requirements for relocation of those utilities. TAMPA ? CLEARWATER ? ST. PETERSBURG f ? • JOHNSON, POPE, BOKOR,, RUPPEL & BURNS, LLP ATTORNEYS AND COUNSELLORS AT LAW Knology Broadband September 12, 2008 Page 2 We would appreciate receiving your response in the enclosed stamped, self- addressed envelope as soon as possible. If you need any additional information in connection with our request, please call or email me (iaynes(a-ipfirm.com). Thank you. Sincerely, . Jayne E. 9.e-rs Legal Assistant js encls. cc w/encl: Dr. Kiran Patel Mr. Eric Fordin Mr. Joe Burdette #451094 v3 SKETCH of C>ESCRIPTION SHEET 1 OF 2 SHEETS PARCEL J A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER SUBDIVISION. ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT -3OOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N90r00'00'E. ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE N0532'30"E ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID GULF VIEW BOULEVARD, SAID EASTERLY RIGHT OF WAY LYING 1.0 FEET WESTERLY OF THE WESTERLY BOUNDARY OF LOT 1, BLOCK A, COLUMBIA SUBDMSION. AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A CHORD BEARING OF N2911'29-E; THENCE N90'00'00-W, A DISTANCE OF 34.32 FEET; THENCE S48'31'37"W. A DISTANCE OF 14.15 FEET FOR A POINT OF BEGINNING; THENCE S41'00'13'E, 17.95. FEET,- THENCE S0529'40-W. 20.00 FEET; THENCE N84 3O'20"W. 6.00 FEET; THENCE N05'29'40"E. 0.58 FEET; THENCE N41'28'18"W A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID GULF VIEW BOULEVARD; THENCE N0532'30-E, ALONG SAID CENTERLINE A DISTANCE OF 15.06 FEET; THENCE N48'31'37"E. A DISTANCE OF 7.42 FEET TO THE POINT OF BEGINNING. CONTAINS: 416 SQUARE FEET (0.0096 ACRES), MORE OR LESS. Nom 1. NO WMA00 OF REOORD WLEMW EIISEMENIS, RIGHT OF MY AND/OR LEGEND OWNERSHIP ME PJRNISHM TO 7M SUM M EXCEPT AS SHOWN. 2 THIS SKETCH DOES NOT REFLECT OR MEINME OWNERSHIP. PLS PROFESSIONAL UMO SURLEM 3. USE OF THIS SKETCH BY ANYONE OTHER 7H M THOSE PREPARED FOR WILL BE THE Le V susmw RE-MISERS SOLE RISK WfHHOUT LVAM TO THE SURVEYOR. D GM or DCSMW IKOx NHaaKKA1IIN 4. THE 9 0CH WAS PREPARED WITHOUT THE BEIEFTT OF A OM 09 TITLE COMMITMENT POB POW CIF 0820M SUBJECT TO EASEMENTS, RnHM-OF-WAY AND SMAR MATTERS OF 1TRE. & MEN" B6M ON THE NORTH BOUHMRY OF LOT 44 AS BEARING N90 WOO-E (P). PREPARED FOR: The Related Group I DATE 4/28/08 i SMCOAn LAND STJRVEMG, Inc. -? 111 FOREST LAKES BOULEVARD OLASMAR, FLA. 34677 ecUIOARY - xromew - CoaIiUCllai sTm uT LB 4613 PHO` (813) e54-1342 FAx (BI3) e55-6m (DRAWING/ I PARCEL-J (Proltet No. e021 Checked By JAC HlNd Beck OKro?rI? By JAC lk P-0- . SURVEYOR'S CER1F"TE 1 hwaby am* M Ou SLWY d.pldd bww a pwI war am Ferows !: OII= s go dry rug ad MO In ISM IMHO 1 SUNWa d bN by to PLOW MM OF PKZOFESWK MO SlfpEM tiChWm 61617-C n0ft =MNWRVK C00 pawst b SwSs MW ROM SI><TU M vor HALM I11M f BE NO M 010YC IL= T OF O= SU ffm AND M~. ? I K A /- J I? SKETCH of DESCRIPTION SHEET 2 OF 2 SHEETS SCALE : 1' = 30' i PAB ? D ?MIT OF W UNE LOT I BDMSIO 0' 15' 30' C-X: N PACE 60 LPARCEL J I Ut 44 ? L3 I? r m I I LOT 44 I LOT 45 J?a r? Is "? IS Im p? IR 14 m I I IJb THE LLOYD-WHITE-SKINNER SUBDIVISION ?I o Is3 PLAT BOOK 13 PAGE 12-13 1 L?c µ ji I ?rb-1- LL FlRST q VEND r E LINE BEARING DISTANCE L1 S41'28'181: 16.55 l2 SOS'29 WV- 0.58 L3 SEW30'20-E 6.00 L8 1441'0013 17.95' L7 N48'31'37E 14.15' LB N90'00'0O** 3422' L9 NOS32'30'E 0.88' L10 N90'00'00"E 3.82' L17 NOS29'40 20.00' L18 SW32.30-W 15.06' 59 N48'31 37T 7.42' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEAM" C3 34.00' 26.87' 2618' 14281129 0 SUNCOAST LAND SURVEYING, Inc. 111 FOREST LAKES BOULEVARD OLDSYAR. FLA. 34677 BOLR W - IOPOf1Mc - cman UCIIDN STmuw jjjChftkW LS 4513 PHONE: (813) 854"1342 FAX- (813) 855-6690 PARCEL-J JAC JAC 0 - 0 I#: 2008111902 BK: 16229 PG: 1974, 04/24/2008 at 09:42 AM, RECORDING 4 PAGES $35.50 KEN BURKE, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM03 AN ORDIRA OF THE CITY OF CLEARWATER, FLORIDA,LADING ORDINANCE NO. 7372-05, WHICH VACATED )4? RTION OF THE EASTERLY ONE-HALF OF THE 0-.OOT RIGHT-OF-WAY' OF GULFVIEW BOULE`i/7 6, (A.K.A. SOUTH' GULFVIEW BOULEVARD PER, k?`I b), SUBJECT TO SPECIAL CONDITIONS; G THE REQUIRED DATE , FOR CEMENT OF VERTICAL CONSTRUCTION; Ff ING AN EFFECTIVE DATE. Wt fEREA-S, in Ordinance No. 7372-05, the City of Clearwater vacated the right-of- way dep 4t 4)n"Exhibit A attached hereto, subject to certain conditions; and EAS, pursuant.to the request of K and P Clearwater Estate, LLC, the the City Council finds that it is deemed to be in the best interest of the City ral public to amend the conditions of the vacation; now,, therefore, {, .,' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA:. ?<3 tL _.' Section 1. The following: A parcel of land being a part of Guff View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, and being a part of said Gulf View Boulevard, as depicted on the plat of Lloyd-White-Skinner. Subdivision, according to plat thereof, as recorded in Plat Book 13, Pages 12 and 13, of the Public Records of Pinellas County, Florida, all lying in the east % of Section 7, Township 29 South, Range 15 east, Pinellas County, Florida, and more fully described in the legal description Exhibit "A" attached hereto; Together with a parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, lying in the east % of Section 7, Township 29 South, Range 15 East, and the west%'of Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, and more fully described in the legal description Exhibit "B" attached hereto, are hereby vacated, subject to the following conditions: 1) The project described within the Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC ("Development Agreement") shall commence vertical construction no later than March 3, 2010. 2) Developer shall demolish and remove existing structures on the project site by October 31, 2008. 3) All public and private utilities shall be relocated by K & P Clearwater Estate, Ordinance No. 7847-08 . PINELLAS COUNTY FL OFF. REC. RK 16229 PG 1975 LLC at its own a and to the approval and acceptance of the utility owners with all se P1 rvice utilities removed prior to the completion of the project. i ti ? -? 4) The public v4War and pedestrian use of the subject right of way shall be maintained un%itich time as a suitable paved roadway is constructed to the west of the.supject right of way to accommodate two lanes of two way traffic capacity, 5) Paymekt p Developer's pro rata share of the Beach Walk Construction as identifled•'r>;the Development Agreement. 6) Thi.v3gbn ordinance shall be rendered null and void if any of the preceding co di On are not met. 2. The City Clerk shall record this ordinance in the public records of Florida, following adoption. `, S on 3. This ordinance shall take effect immediately upon adoption. SSED ON FIRST READING April 3,_2008 IL t { ti YPASSED ON SECOND AND FINAL READING AND ADOPTED April 17, 2008 V. Hibbard Mayor Approved as to form: hhk Pamela K Akin City Attomey RETURN TO: CIPTY CLERK 112 & OSCEOLA AVE CLE~TER. FL 33756 2 Attest: 0, Jay \1 Cy is E. Goudeau ? C' Jerk _ V ,• ' . TT -at s- Ordinancp l?n 7947-08 PINELLAS.COUNTY EL OFF. REC. BK 16229 PG 1976 4 ? ?J EXHIBIT °A" ORDINANCE 7947-08 A PARCEL OF L%NOI ,BEING A PART OF GULF VIEW BOULEVARD, AS. DEPICTED ON-?I+,.PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT T.H bF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RECmI%k OF PINELLAS COUNTY, FLORIDA, AND BEING A PART OF SAID GVAEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD- WHITE IJ -- ER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECD PLAT BOOK 13, PAGES 12 AND t3, OF THE PUBLIC REC F PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST % OF SECt, ` ,7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLgFio k; BEING MORE PARTICULARLY DESCRIBED BELOW: GINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD- '' TE-SKINNER SUBDIVISION: THENCE S.05032'30."W. ALONG THE EAST ? HT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET 4? TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05°3.2'30"W., A ,; DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.05"32'30W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 160.45 FEET; THENCE N.84°27'30"W., A DISTANCE OF 34.98 FEET; THENCE N.05032'30"E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 456.33 FEET; THENCE S.41 °28'18"E., A DISTANCE OF 16.55 FEET; THENCE S.05°2940'W., A DISTANCE OF 0.58 FEET; THENCE S.84°30'20"E., A DISTANCE OF 6.00 FEET; THENCE N.05°29'40"E., A DISTANCE OF 18.97 FEET; THENCE CONTINUE N.05°29'40-E., A DISTANCE OF 1.03 FEET; THENCE N.41 °00'13"W., A DISTANCE OF 17.95 FEET; THENCE N.48031'37°E., A DISTANCE OF 14.15 FEET; THENCE N:901100'00"E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF S.28°1 1'29"W.; THENCE S.05°32'30`W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90000'00"W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING. CONTAINING 16687.11 SQUARE FEET OR 0.38 ACRES, MORE OR LESS. PINELLAS COUNTY FL OFF. REC. 16229 PG 1977 C R1 ., r ORDINANCE 7947-08 EXHIBIT "B" r:\1 A PARCEL OF LAN "BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON TK/%AT OF COLUMBIA SUBDIVISION, ACCORDING TO HE PLAT THEREOF, - 4$ RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECMOF PINELLAS COUNTY, FLORIDA, LYING IN THE EAST'/ OF SECTlO1;OWNSHIP 29 SOUTH,.RANGE 15 EAST, AND THE WEST OF SECTIPN, tOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS-000NTY, FLORIDAkftR C. MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMM?G AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD- WHI .bk NNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS REC(??D ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS O,F-. ELLAS COUNTY, FLORIDA; THENCE N.90°00'00 "E., ALONG THE IdQQRR BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE :?05 52'30"E. ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID •-?G?F VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT :OF A EVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT OF VAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A !;RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET; AND A CHORD BEARING OF N.28°1129"E. TO THE POINT OF BEGINNING; THENCE N90°00'00"W., A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING.A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63°52'46"E.; THENCE S.89054'00`E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET, A CHORD OF 55.47 FEET AND A CHORD BEARING 8.45059'64'E. TO A POINT OF NON-TANGENT CURVE; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-0F=-WAY OF AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.96 FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING N77°5543"W.; THENCE N.8954'00"W. ALONG SAID SOUTHERLY RIGHT-0F-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW BOULEVARD BEING A CURVE TO THE CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD BEARING OF S.7002747"W.TO THE POINT OF BEGINNING. CONTAINING 6256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS. Message Wells, Wayne From: Delk, Michael Sent: Thursday, September 25, 2008 4:08 PM To: Wells, Wayne Subject: FW: 100 Coronado - FLD2008-05013 Importance: High FYI Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com Page 1 of 1 -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Thursday, September 25, 2008 10:36 AM To: 'Keith Zayac'; 'Hunraf@aol.com' Cc: Ed Armstrong; Katie Cole; Tefft, Robert; Akin, Pam; Delk, Michael; EFordin@RELATEDGROUP.COM Subject: 100 Coronado - FLD2008-05013 Importance: High As you may know, we have revised the Amended and Restated Development Agreement to remove Clearwater Beach Resort Hotel, LLC as a party. The agreement will be between the City and K & P Clearwater Estate, LLC. Accordingly I am going to the City today to replace pages of the DVA application to reflect that the Applicant is the same as the property owner - K & P. Keith and Joe, please change the. Applicant on the FLD application to K & P Clearwater Estate, LLC. l believe this will involve a change to page one of the FLD app and possibly to the Exhibit "B" narrative. Robert, I am copying you to let you know, that for notice purposes, the applicant (and owner) is K & P Clearwater Estate, LLC. Ed Armstrong has discussed this with Michael Delk as well. Thank you. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 9/30/2008 ORIGIM RECENED RESPONSES TO COMMENTS SEP 1 a 2008 DVA2008-00001 PINNING C TI l 100 CORONADO DRIVE CITY OF?CMRWMR GENERAL ENGINEERING: Comment No. 1: What is being described Item 24 on Page 6? Is this the Public Court shown on Sheet A-01? Although indicated as public, this area appears private. What measures will be taken to provide obvious public access? Response No. 1: See revised plans; only the palm court is a public area. Comment No. 2: Items 32 and 33 on page 7 indicate that the right-of-way of South Gulfview is approximately 28 feet in width. The roadway is 28 feet wide not the right-of-way. Response No. 2: See revised plans. Indicates a 28 ft. road. Comment No. 3: Item 30 - Page 7 - A continuous right turn lane along the west side. of Coranado shall be provided from Second Street to S. Gulfview Blvd. Response No. 3: See revised plans. Comment No. 4: Item 2.03.e-Page 9-Exhibit H is a list of required permits/approvals. Is this sub item needed with the bridge being eliminated? Or should this refer to Exhibit E? Response No. 4: See revised Development Agreement. Comment No. 5: Item 3.01.3-Page 11-This should this be updated to reflect the current payment schedule and status. Response No. 5: Exhibit N reflect the current payment schedule and its status. . Awaiting update from city to fill in the details of this exhibit. Comment No. 6: 5.03.1. The small parcel is identified as parcel J in Exhibit K. To facilitate the vacation of this parcel, the applicant shall submit a separate signed and sealed survey and legal description of Parcel J. Response No. 6: The applicant is separately submitting to Engineering an application for vacation of the right-of-way shown as Parcel J. Such vacation is contemplated in Exhibit K. Comment No. 7: Item 5.03.5-What is being proposed as Pedestrian Access Improvements? See Comment #1. ORISI 4 i RIECOYED. -EP 5 2008 PLANNING DEPARTMINT Response No. 7: The pedestrian access improvements have been &I t'4. A11i'JA?'?R Comment No. 8: Item 5.03.8-This should be deleted since Beach Walk is completed. Response No. 8: See revised Development Agreement. Comment No. 9: Item 5.03.9.-References to Beach Walk should be deleted. Response No. 9: See revised Development Agreement. Comment No. 10: Item 5.03.10-This should be deleted since Beach Walk is completed. Response No. 10: See revised Development Agreement. Comment No. 11: Item 5.03.11-This should be deleted since Beach Walk is completed. Response No. 11: See revised Development Agreement. Comment No. 12: Item 5.05.3-Internal Comment-How do we make sure this gets coordinated with Aqualea? Response No. 12: [Internal comment to staff] Comment No. 13: Item 5.05.3-Reference is made to Exhibit N? Response No. 13: See revised exhibit. Comment No. 14: Item 5.05.4-Parking spaces may be 18 feet long rather than the 19 feet stated. Response No. 14: Acknowledged. Comment No. 15: Item 5.05.4-Reference is made to Exhibit O? Response No. 15: See revised Development Agreement. Comment No. 16: Item 5.05.5-What is being proposed here? Response No. 16: See revised Development Agreement. Comment No. 17: Item 5.05.6-Since the bridge has been deleted, should this section be eliminated? Response No. 17: See revised Development Agreement. Comment No. 18: Item 5.06.7-This should be updated to reflect current payment schedule and status. 2 C)R10INAL RECEWED 5 2008 PLANNING i?CP'ART JT Response No. 18: This language was agreed upon by Legal. CITY OF CLEARWA11R Comment No. 19: Exhibit A-Provide sketches depicting ROW vacations. Response No. 19: Provided. Comment No. 20: Exhibit E includes a sketch of a Pedestrian Court on the west side of the proposed project. How does this maintain the public nature of the promenade? See Comment #1. Response No. 20: See revised plans. Comment No. 21: Exhibit H-Items 5 and 6 are included in Item 1. Response No. 22: See revised plans. Comment No. 22: Exhibit H-Item 10 should read FDEP Water Permit as this has reverted back to the state. Response No. 22: See revised plans. Comment No. 23: Exhibit H--Items 12 and 13-Is a pedestrian bridge proposed? If not delete these two items. Response No. 23: See revised plans. Comment No. 24: Exhibit J-See Comment #1. Response No. 24: See revised plans. Comment No. 25: Exhibit K-Includes a description of Parcel J. See Comment #5. Response No. 25: See revised plans. Comment No. 26: Exhibit K-After the Warranty Deed for Parcel E, the copy of the Land Exchange Agreement does not include all the appropriate parcels. Response No. 26: See revised plans. Comment No. 27: Exhibit M-What input is needed for this exhibit? Response No. 27: ENVIRONMENTAL: No Issues. FIRE: See revised plans. 3 No Issues. HARBOR MASTER: No Issues. LEGAL: Comment No. 1: Response No. 1: LAND RESOURCES: No Issues. LANDSCAPING: No Issues. • Comments provided separately by Pam Akin. PARKS AND RECREATION: No Issues. STORMWATER: No Issues. SOLID WASTE: No Issues. TRAFFIC ENGINEERING: ORKYNAL RECEWED SEP ? 51000 PLANNING DEPA$TMWIT CITY OF C?Ls tit ?, :E? Comment No. 1: The development agreement under the section "Obligations of the Developer" shall include language providing for the installation of a continuous right turn deceleration lane from the intersection of Coranado Drive/Gulfview Boulevard to Second Street at the developer's sole expense. Response No. 1: See revised plans showing such turn lane. Such plans are part of agreement and therefore lane cannot be removed. PLANNING: Comment No. 1: Page 3-Top paragraph-Line 4-Remove the period after "and"; remove one comma after "BEACH". Response No. 1: See revised Development Agreement. 4 Comment No. 2: Response No. 2: Comment No. 3: Response No. 3: Comment No. 4: Response No. 4 Comment No. 5: • Page 5-Revise for the following: • ORIGNREVVED SEP 16 2Q08 PIANNING DEPA.RTIv,&jT CITY OF(.?}A; a. #7-Remove the period before #7; remove the comma after "means"; and b. #15-Unclear why "First Street Dedication" isn't "Second Street Dedication" as it will formally be known as Second Street. Additionally, hasn't the Second Street dedication already been recorded, so that the OR Book and Page can be filled in? See revised Development Agreement. Page 6-Revise for the following: a. #24-Regarding the proposed loggia and Palm Court, see comments under FLD2008-05013, which staff is not supportive of such improvements within the public right-of-way; b. #27-Under FLD2008-05013 the retail is not being viewed as accessory to the Resort Hotel, but rather a primary use; and c. #28-Should "First Street Dedication" rather be "Second Street Dedication"? See revised Development Agreement. Page 7-Revise for the following: a. #28-Shouldn't "Relocated First Street" rather be "Second Street"? b. #31-Shouldn't "Relocated First Street" rather be "Second Street"? Revise at the end of the first line "road" to "right-of-way"; C. #32-Relocated South Gulfview is a public right-of- way with the roadway being 28 feet in width, not the right-of-way. Correct? d. #33-There are two #33's. Renumber; and e. #34-Third line-Add "Drive" after "Coronado". See revised Development Agreement. Section 2.03.1- a. Shouldn't the "Project" be described as including the Resort Hotel and accessory uses (private parking, restaurant, spa, etc.) and public parking...? Staff is viewing the retail use as a primary, rather than accessory, use. 5 9 0 b. Section 2.03.1.a-Second sentence should be moved to 2.03.1.b. Additionally, making accessory private parking available to the public on a space available basis most likely will not be "free" to the public but for a fee, which may require a Business Tax Receipt (occupational license). The operational aspects of this arrangement may need to be set out in the Development Agreement to avoid insufficient parking for the guests and employees of the Project, as staff has brought up concerns regarding provided parking under the FLD review. a c. Section 2.03.1.b-unclear as to what is meant by "required" valet parking, as the City does not require o valet parking, but is proposed by the applicant th h th b ildi d i % . roug e u ng gn. es d. Section 2.03.1.c-Staff is viewing the retail use as a 111- primary, rather than accessory, use. w7 z 0 e. Section 2.03.1.d-Last sentence in the second o paragraph is unclear as to meaning regarding - changing the ratio of Hotel Units to Fractional Share Units. Do you mean that the number of Hotel Units can increase and the Fractional Share Units can be decreased, but could this "ratio" be changed in the opposite? Response No.5: See revised Development Agreement and revised plans regarding access to retail via corridor. The retail is an accessory use. Further, the ratio can change only to the positive of hotel rooms and not otherwise as referenced by the agreement. Comment No. 6: Section 2.03.4-In addition to no Hotel Unit or Fractional Share Unit being allowed as a primary or permanent residence, both of these Units should be restricted to prohibit such Units from being used to obtain an Business Tax Receipt (occupational license) for the purpose of conducting a "home occupation". Response No. 6: Acknowledged. Comment No. 7: Section 5.03.1-Unclear where this small portion of South Gulfview to be vacated is located, as the Exhibit is not filled in. Per the Civil Site Plan, do you mean Parcel A or Parcel B on Sheet C4? Unclear of the ramifications if such vacation does not occur. Advise. Response No. 7: See revised Development Agreement. 6 0 9 Comment No. 8: Sections 5.03.8-5.03.12-Unclear as to the need for these Sections, since South Gulfview and Beach Walk are constructed. Advise. Response No. 8: See revised Development Agreement. Comment No. 9: Sections 5.05.3 and 5.05.4-Shouldn't "Relocated First Street" rather be "Second Street"? Response No. 9: See revised Development Agreement. Comment No. 10: Section 5.05:6-Language in this Section appears to be old, referring to the "Bridge" and "Residential Condominium". Revise. Response No. 10: See revised Development Agreement. Comment No. 11: Section 5.05.7-Appears some of the language in this Section is old, since the City has financed and constructed South Gulfview and Beach Walk improvements. Update language. Response No. 11: See revised Development Agreement. Comment No. 12: Section 5.05.8-There is no Section 5.05.8, as it skips from 5.05.7 to 5.05.9. Either insert 5.05.8 as "Reserved" or renumber sections. Response No. 12: C o m m e n &MR, 13 ?0 ?- 0 [y C7:) ? 0 QzU Response No. 13 Comment No. 14: Response No. 14: See revised Development Agreement. Section 5.05.9-The Code language is "Declaration of Unity of Title", not a "Covenant of Unified Use". This Section may be retained, but be aware that the Planning Department will still require the recording of a Declaration of Unity of Title (for Condominiums-but will need to revise to provide for the Fractional Share Units portion of the project) prior to the issuance of any permit, as a condition of approval for the FLD case. Should the Project not be constructed, the Code procedure is to "Release of Declaration of Unity of Title", not the language in this Section. Refers to requirement other than Unity of Title requirement. Acknowledged. Section 5.05.11-Shouldn't "First Street Dedication" be "Second Street Dedication". Acknowledged. 7 Comment No. 15: Section 16.01.1.e-This paragraph refers to "Residential Units", which is old language, since there are no residential units in this Project. Additionally, "Hotel Units" should be changed to "Fractional Share Units". Response No. 15: Acknowledged. Comment No. 16: Page 34-Shouldn't the City's title (above Mayor's signature) be "The City of Clearwater, Florida" rather than "The City Florida of Clearwater, Florida"? Response No. 16: Comment No. 17: Response No. 17 Comment No. 18: Response No. 18 Comment No. 19: Response No. 19: Comment No. 20: 55 C . ?U Response No. 20: Acknowledged. Exhibit D-Should update the survey based on comments under the FLD review. Acknowledged. Exhibit G-Section 2.1.1-Revise "(250)" to "(450) to coincide with the written number. Acknowledged. Exhibit H-Revise #12 and #13, as these are old language not applicable to this application. Acknowledged. Exhibit I- a. This Exhibit is fine per se, but the City will still require the recording of a Declaration of Unity of Title prior to the issuance of any permits; and b. In the 'NOW, THEREFORE" paragraph, on the sixth line, unclear what is meant by "mixed-use project" as this is solely an overall overnight accommodation use. Acknowledged. Comment No. 21: Exhibit J-Planning Staff is not supportive of the improvement as submitted under the FLD application affected by this Easement Agreement. Response No. 21: Acknowledged. See revised FLD application. 8 0 9 Comment No. 22: Exhibit K-Revise for the following: a. Paragraph B-Refers to Coronado "Avenue" when it is really Coranado "Drive"; and b. Paragraph D-There is no pedestrian bridge being removed with this FLD or DVA,. which was under the prior FLD and DVA. Response No. 22: See revised Development Agreement. Comment No. 23: Exhibit M-The dictionary does not include "voluments". Do you mean "volumes"? Response No. 23: Acknowledged. Other: No Comments. 9/15/2008 8:42 AM 049313.115456 #440024 v1 - TRG/Response to DVA Comments tz s? !k via o K U c? ?a Q j 4 9 9 • Wells, Wayne From: Clayton, Gina Sent: Friday, September 12, 2008 8:20 AM To: Wells, Wayne Cc: Tefft, Robert Subject: FW: Kiran Grand FYI -----Original Message----- From: Akin, Pam Sent: Friday, September 12, 2008 7:47 AM To: Clayton, Gina; Dougall-Sides, Leslie Subject: RE: Kiran Grand I believe that they will be submitting the revised draft Monday. right now the most recent that I have is from May. -----Original Message----- From: Clayton, Gina Sent: Thursday, September 11, 2008 5:27 PM To: Akin, Pam; Dougall-Sides, Leslie Subject: RE: Kiran Grand I believe this case will be moving forward to the Oct. CDB. Can I get a copy of the latest greatest agreement? Thanks! -----Original Message----- From: Akin, Pam Sent: Monday, May 05, 2008 9:31 AM To: Dougall-Sides, Leslie; Clayton, Gina Subject: RE: Kiran Grand I will being reviewing this one. I had made substantial revisions. which I will try to get out today. Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, May 02, 2008 4:54 PM To: Akin, Pam Subject: FW: Kiran Grand FYI. -----Original Message----- From: Clayton, Gina Sent: Friday, May 02, 2008 4:34 PM To: Dougall-Sides, Leslie Subject: Kiran Grand FYI - this project was submitted today with a new design. A revised development agreement has also been submitted. yam... • • Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, August 28, 2008 12:04 PM To: Wells, Wayne Subject: RE: The Related Development Agreement Thanks, will check my June DRC materials, not sure if we retained it. -----Original Message----- From: Wells, Wayne Sent: Thursday, August 28, 2008 8:44 AM To: Dougall-Sides, Leslie Subject: The Related Development Agreement Leslie - The Development Agreement (DVA) was reviewed by the. DRC on June 5, 2008. You had received the original DVA with the packet for that DRC meeting. This DVA application was found sufficient to move forward to the CDB. The applicant is anticipating resubmitting the DVA on September 15th along with the FLD case. Wayne -----Original Message----- From: Dougall-Sides,. Leslie Sent: Wednesday, August 27, 2008 3:00 PM To: Wells, Wayne Subject: FW: The Related Development Agreement Wayne, whenever you receive a revised version, could you please forward to me, as I have not seen anything on this. Thanks. -----Original Message----- From: Akin, Pam Sent: Wednesday, August 27, 2008 1:45 PM To: Delk, Michael Cc: Dougall-Sides,. Leslie Subject: RE: The Related Development Agreement There were a number of. comments at DRC related to the development agreement. when do they submit the draft containing those changes? -----Original Message----- From: Delk,. Michael Sent: Wednesday, August 27, 2008 1:29 PM To: Akin, Pam Cc: Dougall-Sides, Leslie Subject: FW: The Related Development Agreement Pam - FYI. Re: DVA. Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com 1 ;7? . % • -----Original Message----- From: Wells, Wayne Sent:. Wednesday, August 27, 2008 1:27 PM To: Delk, Michael Subject: The Related Development Agreement FYI -----Original Message----- From: Jayne E. Sears. [mailto:JayneS@jpfirm.com] Sent: Wednesday, August 27, 2008 1:18 PM To: Wells, Wayne Cc: Katie Cole Subject: RE: The. Related Development Agreement • That's our story too, as.far as I know then we. will "re-submit the. FLD app. plus the dev. agt. app. on Sept. 15. Thanks Wayne. -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Wednesday, August 27, 2008, 1:19 PM To: Jayne E. Sears Subject: The Related Development Agreement Jayne - Question - I do not find any resubmitted, revised Development Agreement to be reviewed at the September 4th DRC meeting. Correct? I have. Michael Delk asking because Pam Akin is asking. I told Michael we found it sufficient at the last DRC meeting, so I would not expect it to be resubmitted. Wayne M. Wells,. AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 2 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Wednesday,. August 27, 2008 1:18 PM To: Wells, Wayne Cc: Katie Cole Subject: RE: The Related. Development Agreement That's. our story too, as far as I know -.then we will "re-submit" the FLD app. plus the dev. agt. app. on Sept. 15. Thanks Wayne. -----Original. Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Wednesday, August 27, 2008 1:19 PM To: Jayne E. Sears Subject: The Related Development Agreement Jayne - Question I do not find any resubmitted, revised Development Agreement to be reviewed at the September 4th DRC meeting. Correct? I have Michael Delk asking because Pam Akin is asking. I told Michael we found it sufficient at the last DRC meeting, so I would not expect it to be resubmitted. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle. Avenue Clearwater, FL .33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 1 • • Pagel of 2 4 ?> Wells, Wayne From: Brown, Shelby Sent: Thursday, June 12, 2008 1:14 PM To: Johnson, Gary; Lopez, Perry; Wells, Wayne Subject: FW: Joe Burdette Re: 201 S. Gulfview (PNU2008-00099) Hello -just an FYI on the old Britt's & Spyglass properties. -----Original Message -----. From: Brown, Shelby Sent: Thursday, June 12, 2008 1:11 PM To: 'Hunraf@aol.com'; 'katiec@jpfirm.com' Cc: Bates, Dan; Kronschnabl, Jeff Subject: FW:. Joe Burdette Re: 201 S. Gulfview (PNU2008-00099) Dear Joe & Katie: Thanks very much for the prompt replies and status report on the property. This property has been in a blighted condition, constituting a nuisance for almost 2 years, with little or no movement from the owners until recently. If obligations are met and the nuisance is abated within the established timeframe (October 1? October 31?), our department may cease with any further action. The goal is to keep things on track for the overall safety and benefit of the public. The nuisance case on this property will remain active and progress towards demolition on your end will be monitored. Thanks again for checking in with me, and I hope the work proceeds smoothly for you. Shelby Brown, Code Inspector, CEP CITY OF CLEARWATER (727) 562-4725 direct shelbv.brown a myclearwater.com -----Original Message----- From: Hunraf@aol.com [mailto:Hunraf@aol.com] Sent: Wednesday, June 11, 2008 3:12 PM To: Brown, Shelby Cc: katiec@jpfirm.com Subject: Joe Burdette Re: 201 S. Gulfview (PNU2008-00099) Shelby Cross Construction is handling the asbestos abatement that is required prior to demo. The asbestos abatement is a county permit and should be posted on the site. We are obligated to. the city to have the building demolished by Oct 1 and are on schedule to meet that deadline. If you have any further questions please just let me know. Joe 6/12/2008 Page 2 of 2 In a message dated 6/11/2008 2:51:31 P.M. Eastern Daylight Time, Katiec@jpfirm.com writes: Shelby- Joe Burdette (copied on this email) is going to get the update from the contractor and provide you with information regarding the permits and the timing of the demolition by Monday. As an aside, one delay was caused because the Hyatt had a lease for the property to use for its sales center and construction trailers. The Owner of the property had to provide notice to Bovis (Hyatt contractor) to terminate that lease prior to any abatement work. Let me know if you have any questions. Katie Katherine E. Cole, Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut St. Clearwater, FL 33756 Tel: 727-461-1818 Fax: 727-462-0365 Vote for your city's best dining and nightlife. City's Best 2008. 6/12/2008 From: Wells,. Wayne Sent: Tuesday, June 10, 2008 5:34 PM To: 'Jayne E. Sears' Subject: 100 Coronado Jayne - am attaching the. Final DRC comments for the FLD and DVA cases. I believe the only changes are regarding who attended the DRC meeting. Wayne -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Friday, June 06, 2008 8:39 AM To: Wells, Wayne , Subject: 100 Coronado Good morning Wayne. At your convenience,. please send me the comments in the final order so I can adjust our response sheet. Thanks. Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 6/10/2008 • • Wells, Wayne From: Wells, Wayne Sent: Tuesday, June 03, 2008 9:47 AM To: Jayne Sears (E-mail) Subject: DVA2008-00001, 100 Coronado Drive Jayne - Attached are the Draft DRC comments for the above referenced application, to be heard at 1:00 pm on Thursday, June 5, 2008, in Room 130 of the Municipal Services Building. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Draft 6.5.08 C Action Agend Wells, Wayne From: Wells, Wayne Sent: Wednesday, May 07, 2008 2:55 PM To: Katie Cole (E-mail) Subject: FLD2008-05013, 100 Coronado Drive Katie - I am forwarding this to you since Jayne is now out of the office (Comprehensive Landscape Program application attached). Thanks. Wayne rz?n Comprehensiv andscape Progr -----Original Message----- From: Wells, Wayne Sent: Wednesday, May 07, 2008 2:50 PM To: Jayne Sears (E-mail) Subject: FLD2008-05013, 100 Coronado Drive Jayne - Attached is a Letter of Incompleteness for the above referenced project. I am mailing the original letter. The related Development Agreement (DVA2008-00001) has been found complete and I am sending this letter to you in the mail. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Letter of )mpleteness 5.7 Wells, Wayne 0 • From: Wells, Wayne Sent: Wednesday, May 07, 2008 2:50 PM To: Jayne Sears (E-mail) Subject: FLD2008-05013, 100 Coronado Drive Jayne - Attached is a Letter of Incompleteness for the above referenced project. I am mailing the original letter. The related Development Agreement (DVA2008-00001) has been found complete and I am sending this letter to you in the mail. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 r Letter of mpleteness 5.7 LL--4 CITY OFCLRWATER o ,' e?,?ater PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W. MYCLEARWATER. COM May 07, 2008 Ed Armstrong Po Box 1368 Clearwater, F133757 VIA FAX: 727-462-0365 RE: DVA2008-00001 -- 100 CORONADO DR -- Letter of Completeness Dear Ed Armstrong : The Planning Staff has entered your application into the Department's filing system and assigned the case number: DVA2008-00001. After a preliminary review of the submitted documents, staff has determined that the application is complete. The Development Review Committee (DRC) will review the application for sufficiencv on June 05, 2008, in the Planning Department conference room - Room 216 - on the second floor of the Municipal Services Building. The building is located at 100 South Myrtle Avenue in downtown Clearwater. You will be contacted by the Planning Department's Administrative Analyst within one week prior to the meeting date for the approximate time that your case will be reviewed. You or your representative (as applicable) must be present to answer any questions that the DRC may have regarding your application. Additional comments may be generated by the DRC at the time of the meeting. If you have any questions, please do not hesitate to contact me at 727-562-4504 or Wayne.Wells@myclearwater.com. Sincerely yours, r\L M. [J4 Wavn Wells, AICP Planner III Letter of Completeness - DVA2008-00001 - 100 CORONADO DR 0 19 Wells, Wayne From: Clayton, Gina Sent: Monday, May 05, 2008 12:53 PM To: Delk, Michael; Wells, Wayne Subject: FW: GM08-92168-014-: IblNumAttach: 1 MessageGUID: (3F4CD1F5-72E1-4B01-BOF5-BD8CC1728880) OriginalDate: None Originator: SQL Style: First Amended and Restated Development Agreement Patel Related TRG FYI -----Original Message----- From: Akin, Pam Sent: Monday, May 05, 2008 11:30 AM To: Katie Cole (E-mail); Ed Armstrong (E-mail) Cc: Dougall-Sides, Leslie; Clayton, Gina Subject: GM08-92166-014: TRG amended J restated DA 5_ These are my changes and comments I am sure that more issues will arise. Let's discuss after you have had a chance to review. Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562-4010 Message Page. 1 of 1 Wells, Wayne From: Katie Cole [Katiec@jpfirm.com] Sent: Friday, May. 02, 2008 11:41 AM To: Akin, Pam Cc: Wells, Wayne; Jayne E. Sears; Ed Armstrong Subject: TRG Development Agreement Application FYI - attached is the "clean" (v4) and the "redlined" (v2) version of the DVA submitted today with the flexible development application for site plan approval.. I continued to work on it since I last sent it to you and will reconcile your changes to this document when I receive those suggested changes. Thanks Katie 5/16/2008 From: Wells, Wayne Sent: Friday, May 02, 2008 12:59 PM To: Akin, Pam; 'Katie Cole' Cc: 'Jayne E. Sears'; 'Ed Armstrong' Subject: RE: TRG Development Agreement Application Katie - What has been submitted today will be reviewed by the DRC departments and comments will be provided at the DRC meeting based on that document. Wayne -----Original Message----- From: Akin, Pam Sent: Friday, May 02, 2008 12:53 PM To: 'Katie Cole' Cc: Wells, Wayne; Jayne E. Sears; Ed Armstrong Subject: RE: TRG Development Agreement Application Katie, what I will be spending to you is a markup from the version which you provided me. Any changes which you have made since then will obviously not be captured. This is going to get extremely confusing if we have more than one version underway at a time. Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Friday, May 02, 2008 11:41 AM To: Akin, Pam Cc: Wells, Wayne; Jayne E. Sears; Ed Armstrong Subject: TRG Development Agreement Application FYI attached is the "clean" (v4) and the "redlined" (v2) version of the DVA submitted today with the flexible development application for site plan approval. I continued to work on it since I last sent it to you and will reconcile your changes to this document when. I receive those suggested changes. Thanks Katie 5/16/2008 c Coversheet Page 1 of 2 Meeting Date: 11/18/2008 City Council Agenda Council Chambers - City Hall SUBJECT / RECOMMENDATION: Approve amended and restated Development Agreement for property located at 100 Coronado, between K and P Clearwater,Es4ate, LLC (the property owner) and the City of Clearwater (Case No. DVA2008-00001)and adopt Resolution 08-14. SUMMARY: • The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street. • The subject property is currently vacant, but used as a temporary City public parking lot. • On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development application for the construction of a 350-unit hotel with associated amenities and 75 attached dwellings as a mixed-use development (FLD2004-02013). • The City Council approved a companion Development Agreement on February 17, 2005 (Case No. DVA2004- 00001). These development approvals authorized the following: • Use of 250 hotel rooms from the Beach by Design density pool; • Maximum building height of 150 feet; • Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street; • Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard; • Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard; and • Dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard. • On May 17, 2005, the CDB approved a Flexible Development application amending the prior project to modify the location of an elevated pedestrian walkway over South Gulfview Boulevard (FLD2004-02013A). • On March 16, 2006, City Council approved an amendment to this original Development Agreement (DVA2004-00001A), which dealt with issues associated with Beach Walk construction and the timing of the dedication of land for Relocated 1 st Street (to be known as Second Street once constructed), as well as for the construction of Relocated 1 st Street. • On October 21, 2008, the CDB approved with 13 conditions of approval a Flexible Development application for the construction of a 450-room overnight accommodation use (250-room hotel and 200-room timeshare) (FLD2008-05013). • The proposal is in compliance with the standards for development agreements, is consistent with the Comprehensive Plan and furthers the vision of beach redevelopment set forth in Beach by Design. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provisions: • Updates the provisions of the Development Agreement to current conditions, reflecting changes due to Beach Walk construction and other surrounding conditions, as well as the current proposed development; • Provides for the vacation of Parcel J (the area where the pedestrian bridge was previously located on the approved plan, which is no longer proposed); gUddates the public parking options to reflect the developer's option to pay in lieu of providing the parking spaces on-site; • Updates Exhibit M (Parking Protocol), due to the change in design of the project and responding to Staff concerns regarding employee parking issues; • Updates the developer's pro rata share of the Beach Walk construction to indicate what the developer has paid to date and the remaining obligation to meet the prior commitment; • The currently approved Development Agreement, along with the associated resort pool units, expires in 2015. This proposed amended Development Agreement does not extend this date. It does propose to give the developer three years to commence vertical construction and the opportunity to request a time extension from City Council extending through the 2015 file://SAPlanning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\D... 11/19/2008 .. Coversheet Page 2 of 2 0 date. The proposed amended Development Agreement also requires the City to consider (but not necessarily adopt) amendments to the previously approved vacation ordinances that expire in March 2010 if vertical construction has not commenced. • The Community Development Board reviewed this Development Agreement application at its public hearing on October 21, 2008, and unanimously recommended approval of the application (DVA2008-00001). • Following the CDB meeting, there have been changes to the Agreement negotiated by the City Attorney. Specifically, The Agreement has been changed to require commencement of the Project within three years and several other minor changes related to timing of commencement and the ability to have Concession on the beach and the related documents and provisions have been deleted. Review Approval: 1) Legal 2) Clerk 3) Legal 4) Clerk 5) Assistant City Manager 6) City Manager file://S:\Planning Department\C D B\FLEX (FLD)\Pending cases\Up for the next CDB\D... 11/19/2008 0 0 RESOLUTION NO. 08-14 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND K & P CLEARWATER ESTATE, LLC.; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater entered into a Development Agreement with K & P Clearwater Estate, LLC that was adopted by the City Council on February 17, 2005, by Resolution No. 05-13, amended by First Amendment to Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, adopted by the City Council on March 16, 2006 by Resolution No. 06-11; and WHEREAS, the City of Clearwater and K & P Clearwater Estate, LLC are desirous of amending and restating said Development Agreement; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The First Amended and Restated Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC, a copy of which is attached as Exhibit "A," is hereby approved. Section 2. The City Clerk is directed to record the First Amended and Restated Development Agreement with the Clerk of the Circuit Court in Pinellas County no later than fourteen (14) days after it is executed. The applicant shall bear the expense of recording the document. Section 3. The City Clerk is directed to submit a recorded copy of the First Amended and Restated Development Agreement to the State of Florida Department of Community Affairs no later than fourteen (14) days after it is recorded. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of '2008. Frank V. Hibbard Mayor Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution No. 08-14 • • Wells, Wayne From: Akin, Pam Sent: Monday, November 10, 2008 3:45 PM To: Wells, Wayne; Delk, Michael Subject: Patel I met with Ed Armstrong and Katie Cole last week to try to narrow the. issues. following our phone follow up today, it looks like we may be in a agreement. They will send a final version tomorrow. They will drop the request for concessions on the beach and will agree to the three year commencement date and have agreed to most of my language changes. Assuming that the document is changed as we discussed, I will recommend approval. 9 0 Wells, Wayne From: Wells,'Wayne Sent: Tuesday, November 04, 2008 4:42 PM To: Akin, Pam Subject: RE: DVA2008-00001, 100 Coronado Drive The CDB approved the two part DVA (see attached emails from Jayne Sears). I am also attaching two emails to and from Katie Cole. E J. Sears - Dev. J. Sears - Dev. K. Cole - K. Cole - Agrmt - Part 1..Agrmt - Part 2.. .iges and Revisnges and Revisi -----Original Message----- From: Akin, Pam Sent: Tuesday, November 04, 2008 2:31 PM To: Wells, Wayne Cc: Hollander, Gwen; Dewitt, Gina Subject: RE: DVA2008-00001, 100 Coronado Drive What did CDB approve? -----Original Message----- From: Wells, Wayne Sent: Tuesday, November 04, 2008 2:26 PM To: Akin, Pam Cc: Hollander, Gwen; Dewitt, Gina Subject: DVA2008-00001, 100 Coronado Drive Pam - This is what was sent to the CDB. Sent to me by Jayne Sears in two parts. The third version you sent to me. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 << File: Development Agreement - Part 1 of 2 10.9.08.pdf >> << File: Development Agreement - Part 2 of 2 10.9.08.pdf >> << File: Draft #2 Dev. Agree. with changes from Pam Akin 9.9.08.DOC >> Wells, Wayne From: Wells, Wayne Sent: Tuesday, November 04, 2008 2:26 PM To: Akin, Pam Cc: Hollander, Gwen; Dewitt, Gina Subject: DVA2008-00001, 100 Coronado Drive Pam - This is what was sent to the CDB. Sent to me by Jayne Sears in two parts. The third version you sent to me. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 7?27j-562-4865 RWI I? LEI Development Development Draft #2 Dev. reement - Part'reement - Partgree. with chan. • • Wells, Wayne From: Akin, Pam Sent: Monday, November 03, 2008 7:43 AM To: Wells, Wayne; Clayton, Gina Subject: RE: K and P DVA we have counsel work session Monday afternoon. I will not have it done Monday. I provided you with a marked up version several weeks ago which show the areas of disagreement. The most substantial is their new request to provide concessions on the beach which management has rejected and remains in the proposed agreement. -----Original Message----- From: Wells, Wayne Sent: Friday, October 31, 2008 5:16 PM To: Clayton, Gina; Akin, Pam Subject: K and P DVA The DVA cover memo is due out of our office on Monday. If we are recommending denial, don't I/we need to know and state why we are in disagreement. Early next week means early Monday?? -----Original Message----- From: Clayton, Gina Sent: Thursday, October 30, 2008 11:00 AM To: Akin, Pam Cc: Wells, Wayne Subject: RE: Wand P DVA Okay - thanks. -----Original Message----- From: Akin, Pam Sent: Thursday, October 30, 2008 10:56 AM To: Clayton, Gina Subject: RE: K and P DVA Yes, I will provide a list of the disputed items and our reasons for opposing early next week -----Original Message----- From: Clayton, Gina Sent: Thursday, October 30, 2008 8:57 AM To: Akin, Pam Subject: RE: K and? DVA If the applicant has not agreed to the changes you prepared, should we just proceed with the one from CDB and recommend denial? -----Original Message----- From: Akin, Pam Sent: Wednesday, October 29, 2008 4:59 PM To: Clayton, Gina Subject: RE: K and P DVA I sent Wayne and Michael my last draft on the October 10th. It has not been agreed to by the applicant. The version that went to CDB is the applicants last draft. It contains a number of items to which we are opposed. This a marked up version -----Original Message----- From: Clayton, Gina Sent: Wednesday, October 29, 2008 4:39 PM To: Akin, Pam Subject: K and P DVA Pam - the Kiran Grand DVA cover memo is due out of our department on Nov. 3rd. Please let me know if there is anything I should do to prepare the memo or is there anything you need from us. Is there a ne*ersion of the agreement than the one th0ent to CDB? If so - could we get a copy to attach in Muni Agenda. Thanks! Gina [Akin, Pam] << Message: GM08-92168-014: >> 0 0 Wells, Wayne From: Wells, Wayne Sent: Friday, October 31, 2008 5:16 PM To: Clayton, Gina; Akin, Pam Subject: K and P DVA The DVA cover memo is due out of our office on Monday. If we are recommending denial, don't I/we need to know and state why we are in disagreement. Early next week means early Monday?? -----Original Message----- From: Clayton, Gina Sent: Thursday, October 30, 2008 11:00 AM To: Akin, Pam Cc: Wells, Wayne Subject: RE: K and P DVA Okay - thanks. -----Original Message----- From: Akin, Pam Sent: Thursday, October 30, 2008 10:56 AM To: Clayton, Gina Subject: RE: K and P DVA Yes, I will provide a list of the disputed items and our reasons for opposing early next week -----Original Message----- From: Clayton, Gina Sent: Thursday, October 30, 2008 8:57 AM To: Akin, Pam Subject: RE: K and P DVA If the applicant has not agreed to the changes you prepared, should we just proceed with the one from CDB and recommend denial? -----Original Message----- From: Akin, Pam Sent: Wednesday, October 29, 2008 4:59 PM To: Clayton, Gina Subject: RE: K and P DVA sent Wayne and Michael my last draft on the October 10th. It has not been agreed to by the applicant. The version that went to CDB is the applicants last draft. It contains a number of items to which we are opposed. This a marked up version -----Original Message----- From: Clayton, Gina Sent: Wednesday, October 29, 2008 4:39 PM To: Akin, Pam Subject: K and P DVA Pam - the Kiran Grand DVA cover memo is due out of our department on Nov. 3rd. Please let me know if there is anything I should do to prepare the memo or is there anything you need from us. Is there a newer version of the agreement than the one that went to CDB? If so - could we get a copy to attach in Muni Agenda. Thanks! Gina [Akin, Pam] << Message: GM08-92166-014: >> j CDB Meeting Date: Case Number: Owner/Applicant: Agenda Item: Representative: Address: October 21, 2008 DVA2008-00001 (Related to FLD2008-05013) K & P Clearwater Estate, LLC F 1 (Related to E 1) E.D. Armstrong III, Esquire, Johnson, Pope, Bokor, Ruppel & Burns, LLP 100 Coronado Drive, 201, 215 and 219 S. Gulfview Blvd. CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review of, and recommendation to the City Council, of an amended and restated Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater. CURRENT ZONING: Tourist (T) District CURRENT FUTURE LAND Resort Facilities High (RFH) USE CATEGORY: BEACH BY DESIGN Beach Walk CHARACTER DISTRICT: PROPERTY USE: Current Use: Vacant (temporary City public. parking lot) Proposed Use: Overnight accommodation use of a total of 450 rooms (163.6 rooms/acre on total site) and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck) EXISTING North: Tourist (T) District SURROUNDING ZONING South: Tourist (T) District AND USES: East: Tourist (T) District West: Open Space/Recr( (OS/R) District Pier 60 Overnight Accommodations (Aqualea/ Hyatt - under construction) Vacant, Retail Sales and Overnight Accommodations ration Beach and Gulf of Mexico ANALYSIS: Site Location and Existing Conditions: The 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street. The subject property is currently vacant, but used as a temporary City public parking lot. The properties were previously developed with various motels (Days Inn, Beach Towers Motel, Spyglass Motel and Golden Beach Motel) and numerous retail sales and restaurant uses. The overall property includes several vacated and dedicated rights-of-way. Approved Development: On October 19, 2004, the Community Development Board (CDB) approved a Flexible Development application for the construction of a 350-unit hotel with associated amenities and 75 attached dwellings as a mixed-use development (FLD2004-02013). The City Council approved a companion Development C R 11 G 1 N Ai- Community Development Board - October 21, 2008 DVA2008-00001 - Page 1 of 4 Agreement on February 17, 2005 (Case No. DVA2004-00001). These development approvals authorized the following: ¦ Use of 250 hotel rooms from the Beach by Design density pool; ¦ Maximum building height of 150 feet; ¦ Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive and proposed Second Street; ¦ Vacation of the First Street right-of-way between Coronado Drive and Gulfview Boulevard; ¦ Dedication of right-of-way for proposed Second Street between Coronado Avenue and Gulfview Boulevard; and ¦ Dedication of right-of-way for Coronado Drive between proposed Second Street and Gulfview Boulevard. On May 17, 2005, the CDB approved a Flexible Development application amending the prior project to modify the location of an elevated pedestrian walkway over South Gulfview Boulevard (FLD2004- 02013A). On March 16, 2006, City Council approved an amendment to this original Development Agreement (DVA2004-00001A), which dealt with issues associated with Beach Walk construction and. the timing of the dedication of land for Relocated 15` Street (to be known as Second Street once constructed), as well as for the construction of Relocated 15` Street. Development Proposal: The development proposal includes a companion Flexible Development application (FLD2008-05013) to permit an overnight accommodation use of a total of 450 rooms (163.6 rooms/acre on total site) and a maximum of 37,000 square feet (0.31 FAR on total site) of amenities accessory to the hotel at a height of 150 feet (to roof deck). The current proposal includes the vacation of the former pedestrian bridge landing area right-of-way on the northwest comer of the site and the dedication of additional right-of-way at the intersection of S. Gulfview Boulevard and Coronado Drive. Development Agreement: The proposed Development Agreement sets forth public/private obligations. The City recognizes the economic and aesthetic benefits that will result from private development. The applicant recognizes the benefit of public improvements that directly affect the marketability of the project and the character of the general area surrounding the project. Since the approval of the project in 2004/2005, there have been many changes on the beach. The Aqualea/Hyatt project to the south is under construction. The Beach Walk project has been completed. Market conditions have changed, which have prompted a change in the type of development proposed. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years and includes the following main provisions: ? Updates the provisions of the Development Agreement to current conditions, reflecting changes due to Beach Walk construction and other surrounding conditions, as well as the current proposed development; ? Provides for the vacation of Parcel J (the area where the pedestrian bridge was previously located on the approved plan, which is no longer proposed); ? Provides the ability to contract with the City provider for concession services on the public beach, similar to the Aqualea/Hyatt project directly to the south; ? Updates the public parking options to reflect the developer's option to pay in lieu of providing the parking spaces on-site; Community Development Board - October 21, 2008 DVA2008-00001 - Page 2 of 4 • • ? Updates Exhibit M (Parking Protocol), due to the change in design of the project and responding to Staff concerns regarding employee parking issues; ? Updates the developer's pro rata share of the Beach Walk construction to indicate what the developer has paid to date and the remaining obligation to meet the prior commitment; ? The currently approved Development Agreement, along with the associated resort pool units, expires in 2015. This proposed amended Development Agreement does not extend this date. It does propose to give the developer three years to commence vertical construction and the opportunity to request a time extension from City Council extending through the 2015 date. The proposed amended Development Agreement also requires the City to consider (but not necessarily adopt) amendments to the previously approved vacation ordinances that expire in March 2010 if vertical construction has not commenced. The. Community Development Board (CDB) has been provided with the most recently negotiated Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meeting of June 5, 2008, and deemed the development proposal to be sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: 1. That the 2.75 acres is located directly south of Pier 60 between Coronado Drive and South Gulfview Boulevard, north of Second Street; 2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That the development proposal is subject to the requirements of Beach by Design and the Design Guidelines contained therein as the property is located within the Beach Walk character district. Conclusions of Law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2008-05013); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; and 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Beach Walk character district. Community Development Board - October 21, 2008 DVA2008-00001 - Page 3 of 4 • • Based upon the above, the Planning Department recommends the APPROVAL, and recommendation to. the City Council, of an amended and restated Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the City of Clearwater for the property at 100 Coronado Drive. Prepared by Planning Department Staff k'?" 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 cases) Up for the next CDBIDVA2008-00001 Coronado 0100 TRG Clearwater Beach LLC (7) -10.21.08 CDB - WWI Coronado 0100 Amened Dev. Agree. Staff Report for 10.21.08 CDB Ldoc Community Development Board - October 21, 2008 DVA2008-00001 - Page 4 of 4 ar-`: o Engineering Condition 05/28/2008 Fire Condition 06/02/2008 Scott Rice 9/18/08 REVISED COMMENTS ITEM 5.04.4. REFERS TO EXHIBIT O AS THE PARKING PROTOCOL.. THE PARKING PROTOCOL IS EXHIBIT M. COMMENTS 21, 22 AND 23 ARE NOT ADDRESSED. 1. What is being described Item 24 on Page 6? Is this the Public Court shown on Sheet A-01? Although indicated as public, this area appears private. What measures will be taken to provide obvious public access? 2. Items 32 and 33 on Page 7 indicate that the right-of-way of South Gulfview is approximately 28 feet in width. The roadway is 28 feet-wide not the right-of-way. 3. Item 30 - Page 7 - A continuous right turn lane along the west side of Coronado shall be provided from Second Street to S. Gulfview Blvd. 4. Item 2.03.e. - Page 9 - Exhibit H is a list of required permits/approvals. Is this sub item needed with the bridge being eliminated? Or should this refer to Exhibit E? 5. Item 3.01.3. - Page 11 - This should this be updated to reflect the current payment schedule and status. 6. Item 5.03.1. The small parcel is identified as Parcel J in Exhibit K. To facilitate the vacation of this parcel, the applicant shall submit a separate signed and sealed survey and legal description of Parcel J. 7. Item 5.03.5. - What is being proposed as Pedestrian Access Improvements? See Comment #1. 8. Item 5.03.8. - This should be deleted since Beach Walk is completed. 9. Item 5.03.9. - References to Beach Walk should be deleted. 10. Item 5.03.10. - This should be deleted since Beach Walk is completed. 11. Item 5.03.11. - This should be deleted since Beach Walk is completed. 12. Item 5.05.3. - Internal Comment - How do we make sure this gets coordinated with Aqualea? 13. Item 5.05.3 - Reference is made to Exhibit N? 14. Item 5.05.4. - Parking spaces may be 18 feet long rather than the 19 feet stated. 15. Item 5.05.4 - Reference is made to Exhibit O? 16. Item 5.05.5. - What is being proposed here? 17. Item 5.05.6. - Since the bridge has been deleted, should this section be eliminated? 18. Item 5.06.7. - This should be updated to reflect current payment schedule and status. 19. Exhibit A- Provide sketches depicting ROW vacations. 20. Exhibit E includes a sketch of a Pedestrian Court on the west side of the proposed project. How does this maintain the public nature of the promenade? See Comment #1. 21. Exhibit H - Items 5 and 6 are included in Item 1. 22. Exhibit H - Item 10 should read FDEP Water Permit as this has reverted back to the state. 23. Exhibit H Items 12 and 13 - Is a pedestrian bridge proposed? If not delete these two items. 24. Exhibit J - See Comment #1. 25. Exhibit K - Includes a description of Parcel J. See Comment #5. 26. Exhibit K - After the Warranty Deed for Parcel E, the copy of the Land Exchange Agreement does not include all the appropriate parcels. 27. Exhibit M - What input is needed for this exhibit? No issues. Leonard Rickard 562-4327 x3078 Print Date: 10/13/2008 Oconditions Associated With DVA2008-00001 100 CORONADO DR 562-4781 Not Met Not Met CaseConditons Page 1 of 4 DVA2008-00001 100 CORONADO DR Harbor Master. Condition 05/07/2008 No issues. Landscape 06/01/2008 No issues. Wayne Wells, AICP • 727-562-4504 Not Met Wayne Wells, AICP Legal Condition Wayne Wells, AICP 06/01/2008 Comments provided separately by Pam Akin. 727-562-4504 727-562-4504 Not Met Not Met Solid Waste Condition Wayne Wells, AICP 727-562-4504 06/02/2008 No issues. Not Met Zoning Condition Wayne Wells, AICP 727-562-4504 06/02/2008 Page 3 - Top. paragraph - Line 4 - Remove the period after "and"; remove one comma after Not Met "BEACH". 06/02/2008 Page 5 - Revise for the following: Not Met a. #7 - Remove the period before #7; remove the comma after "means"; and b. #15 - Unclear why "First Street Dedication" isn't "Second Street Dedication" as it will formally be known as Second Street. Additionally, hasn't the Second Street dedication already been recorded, so that the OR Book and Page_ can be filled in? 06/02/2008 Page 6 - Revise for the following: Not Met a. #24 - Regarding the proposed loggia and Palm Court, see comments under FLD2008-05013, which staff is not supportive of such improvements within the public right-of-way; b. #27 - Under FLD2008-05013 the retail is not being viewed as accessory to the Resort Hotel, but rather a primary use; and c. #28 - Should "First Street Dedication" rather be "Second Street Dedication"? 06/02/2008 Page 7 - Revise for the following: Not Met a. #28 - Shouldn't "Relocated First Street" rather be "Second Street"? b. #31 - Shouldn't "Relocated First Street" rather be "Second Street"? Revise at the end of the first line "road" to "right-of-way"; c. #32 - Relocated South Gulfview is a public right-of-way with the roadway being 28 feet in width, not the right-of-way. Correct? d. #33 - There are two #33's. Renumber; and e. #34 - Third line - Add "Drive" after "Coronado". 06/02/2008 Section 2.03.1 - Not Met a. Shouldn't the "Project" be described as including the Resort Hotel and accessory uses (private parking, restaurant, spa, etc.) and public parking...? Staff is viewing the retail use as a primary, rather than accessory, use. b. Section 2.03.1.a - Second sentence should be moved to 2.03.1.b. Additionally, making accessory private parking available to the public on a space available basis most likely will not be "free" to the public but for a fee, which may require a Business Tax Receipt (occupational license). The operational aspects of this arrangement may need to be set out in the Development Agreement to avoid insufficient parking for the guests and employees of the Project, as staff has brought up concerns regarding provided parking under the FLD review. c. Section 2.03.1.b - Unclear as to what as meant by "required" valet parking, as the City does not require valet parking, but is proposed by the applicant through the building design. d. Section 2.03.1.c - Staff is viewing the retail use as a primary, rather than accessory, use. e. Section 2.03.1.d - Last sentence in the second paragraph is unclear as to meaning regarding Print Date: 10/13/2008 CaseConditons Page 2 of 4 • DVA2008-00001 100 CORONADO DR • Zoning Condition Wayne Wells, AICP 727-562-4504 changing the ratio of Hotel Units to Fractional Share Units. Do you mean that the number of Hotel Units can increase and the Fractional Share Units can be decreased, but could this "ratio" be changed in the opposite? 06/02/2008 Section 2.03.4 - In addition to no Hotel Unit or Fractional Share Unit being allowed as a primary or Not Met permanent residence, both of these Units should be restricted to prohibit such Units from being used to obtain an Business Tax Receipt (occupational license) for the purpose of conducting a "home occupation". 06/02/2008 Section 5.03.1 - Unclear where this small portion of South Gulfview to be vacated is located, as Not Met the Exhibit is not filled in. Per the Civil Site Plan, do you mean Parcel. A or Parcel B on Sheet C4? Unclear of the ramifications if such vacation does not occur. Advise. 06/02/2008 Sections 5.03.8 - 5.03.12 - Unclear as to the need for these Sections, since South Gulfview and Not Met Beach Walk are constructed. Advise. 06/03/2008 Sections 5.05.3 and 5.05.4- Shouldn't "Relocated First Street" rather be "Second Street"? Not Met 06/03/2008 Section 5.05.6 -. Language in this Section appears to be old, referring to the "Bridge" and Not Met "Residential Condominium". Revise. 06/03/2008 Section 5.05.7 - Appears some of the language in this Section is old, since the City has financed Not Met and constructed South Gulfview and Beach Walk improvements. Update language. 06/03/2008 Section 5.05.8 - There is no Section 5.05.8, as it skips from 5.05.7 to 5.05.9. Either insert 5.05.8 Not Met as "Reserved" or renumber sections. 06/03/2008 Section 5.05.9 - The Code language is "Declaration of Unity of Title", not a "Covenant of Unified Not Met Use". This Section may be retained, but be aware that the Planning Department will still require the recording of a Declaration of Unity. of Title (for Condominiums - but will need to revise to provide for the Fractional Share Units portion of the project) prior to the issuance of any permit, as a condition of approval for the FLD case. Should the Project not be constructed, the Code procedure is to "Release of Declaration of Unity of Title", not the language in this Section. 06/03/2008 Section 5.05.11 - Shouldn't "First Street Dedication" be "Second Street Dedication". Not Met 06/03/2008 Section 16.01.1.e - This paragraph refers to "Residential Units", which is old language, since there Not Met are no residential units in this Project. Additionally, "Hotel Units" should be changed to "Fractional Share Units". 06/03/2008 Page 34 - Shouldn't the City's title (above Mayor's signature) be "The City of Clearwater, Florida" Not Met rather than "The City Florida of Clearwater, Florida"? 06/03/2008 Exhibit D - Should update the survey based on comments under the FLD review. Not Met 06/03/2008 Exhibit G - Section 2.1.1 - Revise "(250)" to "(450)" to coincide with the written number. Not Met 06/03/2008 Exhibit H - Revise #12 and #13, as these are old language not applicable to this application. Not Met 06/03/2008 Exhibit I - Not Met a. This Exhibit is fine per se, but the City will still require the recording of a Declaration of Unity of Title prior to the issuance of any permits; and b. In the "NOW, THEREFORE" paragraph, on the sixth line, unclear what is meant by "mixed-use project" as. this is solely an overall overnight accommodation use. 06/03/2008 Exhibit J - Planning Staff is not supportive of the improvement as submitted under the FLD Not Met application affected by this Easement Agreement. 06/03/2008 Exhibit K - Revise for the following: Not Met a. Paragraph B - Refers to Coronado "Avenue" when it is really Coronado "Drive"; and Print Date: 10/13/2008 CaseConditons Page 3 of 4 • DVA2008-00001 100 CORONADO DR Zoning Condition Wayne Wells, AICP 727-562-4504 b. Paragraph D - There is no pedestrian bridge being removed with this FLD or DVA, which was under the prior FLD and DVA. 06/03/2008 Exhibit M - The dictionary does not include "voluments". Do you mean "volumes"? Not Met Print Date: 10/13/2008 CaseConditons Page 4 of 4 Z- _ ! Page 1 of 3 0 Wells, Wayne From: Tefft, Robert Sent: Friday, October 10, 2008 10:32 AM To: 'Chris Bastas' Cc: O'Neill, Shane; Watkins, Sherry Subject: RE: "Patel. Site" (DVA2008-00001 & FLD2008-0513) You are correct. I will likely not be in the office when you arrive. I will make both Shane O'Neill and Sherry Watkins aware of your arrival to assist you. Sherry will have the requested files for you. Robert G. Tefft Development Review Manager City of Clearwater Planning Department Phone: (727) 562-4539 1 Fax: (727) 562-4865 -----Original Message----- From: Chris Bastas [mailto:chris@njrdevelopment.com] Sent: Friday, October 10, 2008 10:11 AM To: Delk, Michael Cc: Tefft, Robert Subject: RE: "Patel Site" (DVA2008-00001 & FLD2008-0513) Robert, I have a meeting with Jill Silverboard at City Hall at 11:00am this morning. I am planning to stop by the Planning Department at the conclusion of that meeting, maybe 12:00 noon. I suspect you will be at lunch, but if the file can be available for my review, I would appreciate your help. Thank you Christopher D. Bastas Director of Development NJR Development Company, LLC 101 E. Kennedy Boulevard Suite 2125 Tampa, Florida 33602 813-226-9897 (tel) 813-226-8747 (fax) Chris njrdevelopment.com www.aqualearesort.com From: michael.delk@MyClearwater.com [mailto:michael.delk@MyClearwater.com] Sent: Thursday, October 09, 2008 3:06 PM To: Chris Bastas Cc: Robert.Tefft@MyClearwater.com Subject: RE: "Patel Site" (DVA2008-00001 & FLD2008-0513) Chris - Give Robert a call prior to arriving. He can find the file and a place to sit and. review. His number is 562-4539. 10/10/2008 Page 2 of 3 Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Chris Bastas [mailto:chris@njrdevelopment.com] Sent: Thursday, October 09, 2008 3:02 PM To: Delk, Michael Subject: RE: "Patel Site" (DVA2008-00001 & FLD2008-0513) Michael, Is there any material that I can stop by and review? I didn't mean that I needed to meet with you or Wayne specifically, just giving a heads-up that I would be coming to the counter and rather than waiting for someone to be able to meet with me, if the file could be pulled ahead of time so I could simply read. Thank you Christopher D. Bastas Director of Development NJR Development Company, LLC 101 E. Kennedy Boulevard Suite 2125 Tampa, Florida 33602 813-226-9897 (tel) 813-226-8747 (fax) Chris njrdevelopment.com www.aqualearesort.com From: michael.delk@MyClearwater.com [mailto:michael.delk@MyClearwater.com] Sent: Thursday, October 09, 2008 2:58 PM To: Chris Bastas Subject: RE: "Patel Site" (DVA2008-00001 & FLD2008-0513) Chris - I checked with Wayne earlier today about this and we do not have the most recent electronic version. I've asked the City Attorney's office to forward me a final version electronically when available. Also, I'm out of the office tomorrow afternoon. Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Chris Bastas [mailto:chris@njrdevelopment.com] Sent: Thursday, October 09, 2008 2:32 PM To: Delk, Michael - 10/10/2008 ,iv , . . • 0 Page 3 of 3 Subject: "Patel Site" (DVA2008-00001 & FLD2008-0513) Michael, We received notice that K & P Clearwater Estate is appearing before the CDB next Tuesday and that additional information is available in the Planning Department, including a copy of the. Development Agreement. I am going to be in Clearwater tomorrow and wonder if it is possible to schedule an appointment tomorrow afternoon to review whatever information is available. Thank you Christopher D. Bastas Director of Development NJR Development Company, LLC 101 E. Kennedy Boulevard Suite 2125 Tampa, Florida 33602 813-226-9897 (tel) 813-226-8747 (fax) Chris njrdevelopment.com www.aqualearesort.com DISCLAIMER: The information contained in this communication is confidential and privileged information intended only for the use of the individual or entity to which it is addressed. If you are not the addressee indicated in this message (or an agent responsible for delivery of the message to such person), you are hereby notified that you have received this communication in error and that any review, dissemination, copying, or any action or omission taken by you in reliance on it, is strictly prohibited. Please destroy this message and notify the sender immediately if you have received it in error. Please also advise immediately if you or your employer do not consent to e-mail communications. Opinions, conclusions and other information in this message that do not relate to the official business of NJR Development shall be understood as neither given nor endorsed by it. 10/10/2008 0 . 0 Wells, Wayne From: Clayton, Gina Sent: Friday, October 10, 2008 8:23 AM To: Wells, Wayne Subject: FW: DVA Ask and you shall receive!! -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, October 09, 2008 5:02 PM To: Clayton, Gina Cc: Hollander, Gwen; Watkins, Sherry Subject: RE: DVA We have prepared it, Reso. No. 08-14. EWFN? 08-14.doc -----Original Message----- From: Clayton, Gina Sent: Thursday, October 09, 2008 3:57 PM To: Dougall-Sides, Leslie Cc: Hollander, Gwen; Watkins, Sherry Subject: DVA Leslie - who should prepare the resolution for the Patel development agreement? Will Pam do that? It is going to the OCt. CDB so I would like to schedule it for the Nov. 18th city council meeting and need to get it on agenda tracking. 0 • Wells, Wayne From: Akin, Pam Sent: Friday, October 10, 2008 4:40 PM To: Katie Cole (E-mail) Cc: Delk, Michael; Wells, Wayne Subject: GM08-9216B-014 : IblNumAttach: 1 MessageGUID: {92A71A29-2C81-4FD6-987A-64D006622B9E} OriginalDate: None Originator: SQL Style: First Amended and Restated Development Agreement Patel Related TRG rzi? RELATED ded and restate On my computer, my changes are showing up in pink. Call if you have questions • • Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Friday, October 10, 2008 2:44 PM To: Wells, Wayne Subject: DVA2008-0000/Development Agt. Pt. 1 of 2 Kai DevAgtl.PDF Wayne, this is part 1 of 2 emails. This is the current version of the proposed First Amended and Restated Agreement for Development of Property between the City and K & P Clearwater Estate, LLC. (This version matches what is in CDB packets as of 10/9/08.) (The file was so large that it had to.be scanned in 2 parts in order to email it.) Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 1 • C7 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Friday, October 10, 2008 2:42 PM To: Wells, Wayne Subject: DVA2008-00001 - Development Agt. Pt. 2 of 2 DevAgt2.PDF Wayne, this is part 2 of 2 emails. This is the current version of the proposed First Amended and Restated Agreement for Development of Property between the. City and K & P Clearwater Estate, LLC. (This version matches what is in CDB packets as of 10/9/08.) (The file was so large that it had to be scanned in 2 parts in order to email it.) Jayne E. Sears Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 1 0 0 Wells, Wayne From: Clayton, Gina Sent: Thursday, October 02, 2008 1:16 PM To: Delk, Michael; Wells, Wayne Cc: Tefft, Robert Subject: RE:. Existing Exhibit from Kiran Grand DVA I there supposed to be a 1 and 2 being added??? -----Original Message----- From: Delk, Michael Sent: Thursday, October 02, 2008 12:00 PM To: Wells, Wayne Cc: Tefft, Robert; Clayton, Gina Subject: FW: Existing Exhibit from Kiran Grand DVA Wayne - With this change, Engineering is going to drop the parking issue. mld Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Thursday, October 02, 2008 9:24 AM To: Akin, Pam Cc: Delk, Michael; Ed Armstrong; drkirancpatel@yahoo.com; 'Eric Fordin, Subject: FW: Existing Exhibit from Kiran Grand DVA Pam- Based on conversations with the planning department, please exchange the attached Exhibit M for the one currently included in the DVA. The revised exhibit includes a provision for employee parking. Please let me know any other changes that may be necessary. Thanks Katie 1 • • Wells, Wayne From: Delk, Michael Sent: Thursday, October 02, 2008.12:00 PM To: Wells, Wayne Cc: Tefft, Robert; Clayton, Gina Subject: FW: Existing Exhibit from Kiran Grand DVA EMFM? RELATED.park g protocol exhib Wayne - With this change, Engineering is going to drop the parking issue. mld Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Katie Cole [mailto:Katiec@jpfirm.com] Sent: Thursday, October 02, 2008 9:24 AM To: Akin, Pam Cc: Delk, Michael; Ed Armstrong; drkirancpatel@yahoo.com; 'Eric Fordin' Subject: FW: Existing Exhibit from Kiran Grand DVA Pam- Based on conversations with the planning department, please exchange the attached Exhibit M for the one currently included in the DVA. The revised exhibit includes a provision for employee parking. Please let me know any other changes that may be necessary. Thanks Katie 1 r ? U • Wells, Wayne From: Quillen, Michael Sent: Wednesday, October 01, 2008 1:38 PM To: Clayton, Gina; Delk, Michael; Rice, Scott; Bruch, Tracey; Bertels, Paul; Doherty, Steve Cc: Tefft, Robert; Wells, Wayne Subject: RE: Existing Exhibit from Kiran Grand DVA This is probably a good start and we can just beef it up some including something like measures to be taken to ensure that resort employees do not park in City-owned public parking facilities on south Clearwater Beach. Michael D. Quillen, P.E. Director of Engineering City of Clearwater michael.quillen cumyclearwater.com 727-562-4743 -----Original Message----- From: Clayton, Gina Sent: Tuesday, September 30, 2008 5:10 PM To: Delk, Michael; Quillen, Michael; Rice, Scott; Bruch, Tracey; Bertels, Paul; Doherty, Steve Cc: Tefft, Robert; Wells, Wayne Subject: Existing Exhibit from Kiran Grand DVA Importance: High Attached please find an existing section of the Development Agreement regarding trip managment that is not proposed to be revised. << File: Kiran Grand Exhibit.doc >> L? • Wells, Wayne From: Clayton, Gina Sent: Tuesday, September 30, 2008 5:10 PM To: Delk, Michael; Quillen, Michael; Rice, Scott; Bruch, Tracey; Bertels, Paul; Doherty, Steve Cc: Tefft, Robert; Wells, Wayne Subject: Existing Exhibit from Kiran Grand DVA Importance: High Attached please find an existing section of the Development Agreement regarding trip managment that is not proposed to be revised. EX?wl Kiran Grand Exhibit.doc • EXHIBIT 2 Trip Generation Management Program u 1. Prior to issuance of a Certificate of Occupancy for the Hotel Resort, the Developer shall implement a Transportation System Management Plan. This Plan shall establish practices, procedures and costs/fees for services to reduce the number of trips to and from the site. Examples of methods, which may be considered are: a. Guest shuttle services/airport b. Guest shuttle services/activities c. Employee shuttle d. Non-motorized modes for Hotel guests e. Fixed route transit f. Taxis/demand responsive transit g. Non-motorized modes for employees h. Staggered working hours The plan will address the trip characteristics of resort occupancy, compare and contrast the generation and reduction methods against non transient units and create a supporting trip utilization projection for the Beach by Design transit proposal from both Hotel visitors. The plan will apply a best methods approach. City and County transportation programs may also generate additional methods based on special studies or intergovernmental program funding (County-wide Gulfview Trolley System). RE: A04-01420: GM06-9216B-0 4 : A00-00040: A04-09700: RE: C Ads for review Page 1 of 2 Wells, Wayne From:. Dougall-Sides, Leslie Sent: Thursday, September 25, 2008 12:09 PM To: Gilmore, Stephanie Cc: Call, Rosemarie; Delk, Michael; Tefft, Robert; Wells, Wayne Subject: RE:. A04-01420: GM06-9216B-004: A00-00040: A04-09700: RE: CDB Ads for review IblNumAttach: 0 MessageGUID: {2F72E9EE-F797-4824-9336-51109E64694E} MsgHeaderlD: <E09D87Dl6527C343A5CB3E89105126ABO2l B9191 @msb-eml-2.clearwater-fl.com> OriginalDate: None Originator: SQL Style: Planning General miscellaneous I am informed that the applicant will change to K & P and that documentation will be submitted to Planning to represent that. So only K & P should be included. If that turns out not to be the case then a readvertisement would be required. -----Original Message----- From: Gilmore, Stephanie Sent: Thursday, September 25, 2008 11:32 AM To: Dougall-Sides, Leslie Cc: Call, Rosemarie Subject: RE: A04-01420 : GM06-92166-004 : A00-00040 : A04-09700 : RE: CDB Ads for review Leslie, The template we use says to list the applicant. Do you want to delete the applicant and only include the owner or would you like us to include the owner/applicant? -----Original Message----- From: Dougall-Sides, Leslie Sent: Thursday, September 25, 2008 10:59 AM To: Gilmore, Stephanie; Call, Rosemarie; Clayton, Gina; Kurleman, Scott; Sprague, Nicole; Watkins, Sherry; Wells, Wayne Cc: Tefft, Robert; Delk, Michael Subject: A04-01420 : GM06-92166-004: A00-00040 : A04-09700 : RE: CDB Ads for review Importance: High In addition to the changes below: 1. The copy should be changed to read: approving a Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC. 2. Should be "Coronado". Robert, in Wayne's absence can you get ORLS the description of development uses proposed on the property, the proposed population densities, and the,proposed building 10/13/2008 RE: A04-01420: GM06-9216B-0 4 : A00-00040: A04-09700: RE: C Ads for review Page 2 of 2 intensity and height, as well as delete excess verbiage from the second paragraph? Thanks. -----Original Message----- From:. Dougall-Sides, Leslie Sent: Thursday, September 25, 2008 9:53 AM To: Gilmore, Stephanie; Call, Rosemarie; Clayton, Gina; Kurleman, Scott; Sprague, Nicole; Watkins, Sherry; Wells, Wayne Subject: RE: CDB Ads for review Importance: High The DVA ad must contain: the location of the land subject to the DVA; the development uses posed on the property; the proposed population densities, and the prop.o....sed building intensity and height...." F. S. sec. 163.3225(2)(b). Also the second paragraph doesn't make sense as worded. -----Original Message----- . From: Gilmore, Stephanie Sent: Thursday, September 25, 2008 9:13 AM To: Call, Rosemarie; Clayton, Gina; Dougall-Sides, Leslie; Kurleman, Scott; Sprague, Nicole; Watkins, Sherry; Wells, Wayne Subject: CDB Ads for review Please review the attached ads. Please notify of any changes or corrections no later than cob Monday, September 19, 2008. Thank you. << File: CDB 10-08.doc >> << File: DVA2008-00001, 100 Coranado Dr..doc >> Stephanie Gilmore City Clerk Specialist Office of Official Records & Legislative Services Phone: (727) 562-4227 Fax: (727) 562 - 4086. Email: Stephanie.Gilmore@myclearwater.com TRUTH- the one thing in life that never changes 10/13/2008 Message Pagel of 2 Wells, Wayne From: Clayton, Gina Sent: Tuesday, September 23, 2008 10:54 AM To: Delk, Michael; Wells, Wayne Cc: Tefft, Robert Subject: RE: K & P Amended and Restated Dev Agt We need to see if the legal notice can be revised.... -----Original Message----- From: Delk, Michael Sent: Tuesday, September 23, 2008 10:19 AM To: Wells, Wayne Cc: Clayton, Gina Subject: FW: K & P Amended and Restated Dev Agt fYl. Michael L. Delk, AICP Planning Director City of Clearwater; Florida myclearwater.com -----Original Message----- From: Akin, Pam Sent: Monday, September 22, 2008 4:14 PM To: 'Jayne E. Sears' Cc: Katie Cole; Delk, Michael; Dougall-Sides, Leslie Subject: RE: K & P Amended and Restated Dev Agt Jayne, I think that this is a significant change. The applicant for the development agreement amendment appears to have changed. -----Original Message----- From: Jayne E. Sears [mailto:JayneS@jpfirm.com] Sent: Tuesday, September 16, 2008 9:48 AM To: Akin, Pam Cc: Katie Cole Subject: K & P Amended and Restated Dev Agt Pam, attached is a red-lined version of the proposed amended and restated development agreement which Katie Cole asked that I forward to you. The attached reflects further revisions made this a.m. to indicatet K & P (and assigns) as the sole party to the agreement. The version that was re-submitted to Planning yesterday (15 sets) reflected Clearwater Beach Resort Hotel, LLC as the developer. Please review the attached and let me know if I should have this cleaned up and copied and replace the copies sent to Planning for CDB. Thanks. Jayne E. Sears 10/13/2008 Message 0 0 Page 2 of 2 Legal Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 10/13/2008 0 • Wells, Wayne From: Fresk, Sheryl Sent: Tuesday, September 23, 2008 11:18 AM To: Wells, Wayne Subject: FLD2008-05013/2008-00001 TM T?fl in Tfl AERIAL.doc EXISTING.doc LOCATION.do ZONING.doc Sheryl A. Fresk City of Clearwater Engineering Deportment (727)562-4763 Wells, Wayne From: Sent: To: Cc: Subject: FLD2008-08024 O.K. to proceed. FLD2008-08025 O.K. to proceed FLD2008-08026 O.K. to proceed. FLD2008-05013 O.K. to proceed. DVA2008-00001 O.K. to proceed. Met: Doherty, Steve Friday, September 19, 2008 3:48 PM Watkins, Sherry Quillen, Michael; Rice, Scott; Wells, Wayne; Tefft, Robert; Kurleman, Scott RE: CDB Resubmittals for the October 21, 2008 meeting 430 S Gulfview Blvd 1160 Mandalay Point Road 210 Drew Street 100 Coronado Dr Planner: Wayne Wells Planner Scott Kurleman Planner: Wayne Wells Planner Wayne Wells Note: A single condition will be completed that will address Traffic Engineering and Parking System concerns with the adequacy of the parking proposed. 100 Coronado Dr Planner Wayne Wells Per Scott Rice, there are some minor issues that have not been resolved. The following Engineering comment was placed in Tidemark and the conditions left as Not "ITEM 5.04.4. REFERS TO EXHIBIT O AS THE PARKING PROTOCOL. THE PARKING PROTOCOL IS EXHIBIT M. COMMENTS 21, 22 AND 23 ARE NOT ADDRESSED." Stephen L. Doherty Engineering Specialist l City of Clearwater Engineering steve.doherty@myclearwater.com 727.562.4773 -----Original Message----- From: Watkins, Sherry Sent: Monday, September 15, 2008 4:12 PM To: Albee, Rick; Buzzell, William; Clayton, Gina; Delk, Michael; Doherty, Steve; Elbo, Bennett; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Lee, Catherine; O'Neill, Shane; Porter, Catherine; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Watkins, Sherry; Wells, Wayne Subject: CDB Resubmittals for the October 21, 2008 meeting Importance: High DRC Members, Plans for the following cases have been resubmitted for the October 21, 2008 CDB meeting: FLD2008-08024 & DVA2008-00001 430 S Gulfview Blvd Planner: Wayne Wells FLD2008-08025 1160 Mandalay Point Road Planner Scott Kurleman FLD2008-08026 210 Drew Street Planner: Wayne Wells FLD2008-05013 100 Coronado Dr Planner Wayne Wells I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have cases reviewed, if possible by 12:pm on, Friday, September 19, 2008. 0 0 Wells, Wayne From: Rice, Scott Sent: Thursday, September 18, 2008 9:33 AM To: Watkins, Sherry Cc: Wells, Wayne; Doherty, Steve Subject: RE: CDB Resubmittals for the October 21, 2008 meeting Sherry, On DVA2008-00001 - 100 Coronado, there are some minor issues that have not been resolved. The following Engineering comment was placed in Tidemark and the conditions left as Not Met: ITEM 5.04.4. REFERS TO EXHIBIT O AS THE PARKING PROTOCOL. THE PARKING PROTOCOL IS EXHIBIT M. COMMENTS 21, 22 AND 23 ARE NOT ADDRESSED. Thanks, D. Scott Rice, PE Assistant Engineering Director City of Clearwater (727) 562-4781 -----Original Message----- From: Watkins, Sherry Sent: Monday, September 15, 2008 4:12 PM To: Albee, Rick; Buzzell, William; Clayton, Gina; Delk, Michael; Doherty, Steve; Elbo, Bennett; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott; Lee, Catherine; O'Neill, Shane; Porter, Catherine; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Watkins, Sherry; Wells, Wayne Subject: CDB Resubmittals for the October 21, 2008 meeting Importance: High DRC Members, Plans for the following cases have been resubmitted for the October 21, 2008 CDB meeting: FLD2008-08024 & DVA2008-00001 430 S Gulfview Blvd Planner: Wayne Wells FLD2008-08025 1160 Mandalay Point Road Planner Scott Kurleman FLD2008-08026 210 Drew Street Planner: Wayne Wells FLD2008-05013 100 Coronado Dr Planner Wayne Wells I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have cases reviewed, if possible by 12:pm on, Friday, September 19, 2008. Sherry Watkins Administrative Analyst Planning Department 727-562-4582 • C Wells, Wayne From: Watkins, Sherry Sent: Wednesday, September 17, 2008 10:33 AM To: Wells, Wayne Subject: RE: DVA2008-00001, 100 Coronado Drive Sent. Sherry Watkins Administrative Analyst Planning Department 727-562-4582 -----Original Message----- From: Wells, Wayne Sent: Wednesday, September 17, 2008 12:17 AM To: Watkins, Sherry Cc: Tefft, Robert; Clayton, Gina Subject: DVA2008-00001, 100 Coronado Drive Sherry - Please forward to Pam Akin as soon as possible a copy of the DVA application material, so she can review the documents. Thanks. Wayne M. Wells, A/CP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 • s Wells, Wayne From: Wells, Wayne Sent: Wednesday, September 17, 2008 2:11 AM To: Fresk, Sheryl Cc: Herman, Jason;. Watkins, Sherry; Tefft, Robert Subject: Map Request for FLD2008-05013/DVA2008-00001, 100 Coronado. Drive Sheryl - Attached is a map request for Cases FLD2008-05013/DVA2008-00001 for the property at 100 Coronado Drive. I will bring over the paperwork. The survey you may keep. Thanks- Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle. Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 I FLD Map equest form.doc 0 0 Flexible Development Application - Map Request Planner Name: Wayne Wells Case Number: FLD2008-05013/DVA2008-00001 Date Requested: September 17, 2008 Date Requested for (date): September 29, 2008 Maps Requested X? Location Map X? Aerial Map X? Zoning Map X? Existing Surrounding Uses Map Required Documents to be submitted to Engineering X? Legal Description XU Survey X? Map with Proposed Site Highlighted Map Name Owner: K & P Clearwater Estates, LLC Case: FLD FLD2008-05013 DVA2008-00001 Site: 100 Coronado Drive Property Size(Acres): 2.75 07/29/15/52380/000/0440 07/29/15/52380/000/0530 PIN: 07/29/15/52380/000/0480 07/29/15/52380/000/0940 07/29/15/52380/000/0550 Atlas Page: 276A Ci A?.,?1 w?h1ZINVA'1_AbA.hDA?I I00 C.e?er??C?b ?. L Lvv - s _ 'le7A I I I ? ???ltrarwater DUEMEw, r i V { •,• ^••°' p a -"-"- PREPARED BY _ ? ? PUBLIC WORKS ADMINISTRATION I vO ..........' 1 ENGINEERING 1 GIS • rl +''. I '-"'•"-" ............... 100 S. Myrtle Ave., Clearwater, FL 33756 . ..... , v •" Ph.: (727)562-0750, Fax: (727)5264755 " ?. . irasrer ,. r •. a . I ? www.MyClearwater.com + _. , I .........'. 1, I U ' •'? Wbic hlormepw dle lr rvN)hed by Ne GrydCberw,br „ • •"' , , .,' , ......... 1"? ... \ J r ,?."•.. 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I SW 114 of 32-28.76 / ::BSA ID Wells, Wayne From: Watkins, Sherry Sent: Monday, September 15, 2008.4:12 PM To: Albee, Rick; Buzzell, William; Clayton, Gina; Delk, Michael; Doherty, Steve; Elbo, Bennett; Glenn, Tom; Gluski, Roberta; Kader, Art; Keller, James; Kurleman, Scott;. Lee, Catherine; O'Neill, Shane; Porter, Catherine; Reid, Debbie; Rice, Scott; Rickard, Leonard; Tefft, Robert; Watkins, Sherry; Wells, Wayne Subject: CDB Resubmittals for the October 21, 2008 meeting Importance: High DRC Members, Plans for the following cases have been resubmitted for the October 21, 2008 CDB meeting: FLD2008-08024 & DVA2008-00001 430 S Gulfview Blvd Planner: Wayne Wells FLD2008-08025 1160 Mandalay Point Road Planner Scott Kurleman FLD2008-08026 210 Drew Street Planner: Wayne Wells FLD2008-05013 100 Coronado Dr Planner Wayne Wells I have placed one copy of the case resubmittal package on the cabinets outside of Room 216 in our office for your review (please do not take it, as we need it for CDB mail out). Please review your comments/conditions for this case in Permit Plan and determine if they are met. Whether the conditions are "met" or still "not met," please affirm to me via email. Please have cases reviewed, if possible by 12:pm on, Friday, September 19, 2008. Sherry Watkins Administrative Analyst Planning Department 727-562-4582 r 1:00 pm 6 Case Number: DVA2008-00 -- 100 CORONADO DR Owner(s): K & P Clearwater Estate Llc 5600 Mariner St # 227 Tampa, F133609 TELEPHONE: No Phone, FAX: Applicant Trg Clearwater Beach, Llc 315 S. Biscayne Blvd. Miami, F133132 TELEPHONE: 305-533-0001, Representative: Ed Armstrong Po Box 1368 • No Fax, E-MAIL: No Email fiN•1 4.S• Ah 0%0 FAX: 305-513-5800, E-MAIL: efordin@relatedgroup.com Clearwater, FI 33757 TELEPHONE: 727-461-1818, FAX: 727-462-0365, E-MAIL: eda@jpfirm.com Location: 2.75 ACRES LOCATED DIRECTLY SOUTH OF PIER 60 BETWEEN CORONADO DRIVE AND SOUTH GULFVIEW BOULEVARD, NORTH OF SECOND STREET. Atlas Page: 276A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of an amended and restated Development Agreement between TRG Clearwater Beach, LLC (the proposed property owner) and the City of Clearwater. Proposed Use: Overnight accommodations Neighborhood Clearwater Beach Association Association(s): Clearwater, Fl 33767 851 Eldorado Avenue TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, F133763 1821 Springwood Cir S TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: CITY: WELLS, RICE, DOHERTY, KELLER, CLAYTON, IRWIN, BRUCH, BERTELS APPLICANT: SEARS, COLE, ZAYAC, BURDETT, HOOPER, ANDREW JAMES, JIM WURTZ, ERIC FORDIN, BRIAN KIPP The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda - Thursday, June 5, 2008 - Page 21 DRC Action Agamda 1.1 r 1 . 1. What is being deed Item 24 on Page 6? Is this the Public Co0own on Sheet A-01? Although indicated as public, this area appears private. What measures will be taken to provide obvious public access? 2. Items 32 and 33 on Page 7 indicate that the right-of-way of South Gulfview is approximately 28 feet in width. The roadway is 28 feet wide not the right-of-way. 3. Item 30 - Page 7 - A continuous right turn lane along the west side of Coronado shall be provided from Second Street to S. Gulfview Blvd. 4. Item 2.03.e. - Page 9 - Exhibit H is a list of required permits/approvals. Is this sub item needed with the bridge being eliminated? Or should this refer to Exhibit E? 5. Item 3.01.3. - Page 11 - This should this be updated to reflect the current payment schedule and status. 6. Item 5.03.1. The small parcel is identified as Parcel J in Exhibit K. To facilitate the vacation of this parcel, the applicant shall submit a separate signed and sealed survey and legal description of Parcel J. 7. Item 5.03.5. - What is being proposed as Pedestrian Access Improvements? See Comment #1. 8. Item 5.03.8. - This should be deleted since Beach Walk is completed. 9. Item 5.03.9. - References to Beach Walk should be deleted. 10. Item 5.03.10. - This should be deleted since Beach Walk is completed. 11. Item 5.03.11. - This should be deleted since Beach Walk is completed. 12. Item 5.05.3. - Internal Comment - How do we make sure this gets coordinated with Aqualea? 13. Item 5.05.3 - Reference is made to Exhibit N? 14. Item 5.05.4. - Parking spaces may be 18 feet long rather than the 19 feet stated. 15. Item 5.05.4 - Reference is made to Exhibit O? 16. Item 5.05.5. - What is being proposed here? 17. Item 5.05.6. - Since the bridge has been deleted, should this section be eliminated? 18. Item 5.06.7. - This should be updated to reflect current payment schedule and status. 19. Exhibit A- Provide sketches depicting ROW vacations. 20. Exhibit E includes a sketch of a Pedestrian Court on the west side of the proposed project. How does this maintain the public nature of the promenade? See Comment #1. 21. Exhibit H - Items 5 and 6 are included in Item 1. 22. Exhibit H - Item 10 should read FDEP Water Permit as this has reverted back to the state. 23. Exhibit H Items 12 and 13 - Is a pedestrian bridge proposed? If not delete these two items. 24. Exhibit J - See Comment #1. 25. Exhibit K - Includes a description of Parcel J. See Comment #5. 26. Exhibit K - After the Warranty Deed for Parcel E, the copy of the Land Exchange Agreement does not include all the appropriate parcels. 27. Exhibit M - What input is needed for this exhibit? Environmental: No issues. Fire: 1 . No issues. Harbor Master: 1 . No issues. Legal: 1 . Comments provided separately by Pam Akin. Land Resources: No Comments Landscaping: 1 . No issues. Parks and Recreation: No Comments Stormwater: 1 . No Issues Solid Waste: I No issues. Development Review Agenda - Thursday, June 5, 2008 - Page 22 DRC A<tim Agmda 1. 1 Traffic Engineering: • • 1 . 1. The development agreement under the section" Obligations of the Developer" shall include language providing for the installation of a continuous right turn deceleration lane from the intersection of Coronado Drive/ Gulfview Boulevard to Second Street at the developer's sole expense. Planning: Development Review Agenda - Thursday, June 5, 2008 - Page 23 DRC Action Agwda 1.1 r I . Page 3 - Top para - Line 4 - Remove the period after "and"; reo one comma after "BEACH". 2. Page 5 - Revise for the following: a. #7 - Remove the period before #7; remove the comma after "means"; and b. #15 - Unclear why "First Street Dedication" isn't "Second Street Dedication" as it will formally be known as Second Street. Additionally, hasn't the Second Street dedication already been recorded, so that the OR Book_ and Page_ can be filled in? 3. Page 6 - Revise for the following: a. #24 - Regarding the proposed loggia and Palm Court, see comments under FLD2008-05013, which staff is not supportive of such improvements within the public right-of-way; b. #27 - Under FLD2008-05013 the retail is not being viewed as accessory to the Resort Hotel, but rather a primary use; and c. #28 - Should "First Street Dedication" rather be "Second Street Dedication"? 4. Page 7 - Revise for the following: a. #28 - Shouldn't "Relocated First Street" rather be "Second Street"? b. #31 - Shouldn't "Relocated First Street" rather be "Second Street"? Revise at the end of the first line "road" to "right-of-way"; c. #32 - Relocated South Gulfview is a public right-of-way with the roadway being 28 feet in width, not the right-of-way. Correct? d. #33 - There are two #33's. Renumber; and e. #34 - Third line - Add "Drive" after "Coronado". 5 . Section 2.03.1 - a. Shouldn't the "Project" be described as including the Resort Hotel and accessory uses (private parking, restaurant, spa, etc.) and public parking...? Staff is viewing the retail use as a primary, rather than accessory, use. b. Section 2.03.1.a - Second sentence should be moved to 2.03. Lb. Additionally, making accessory private parking available to the public on a space available basis most likely will not be "free" to the public but for a fee, which may require a Business Tax Receipt (occupational license). The operational aspects of this arrangement may need to be set out in the Development Agreement to avoid insufficient parking for the guests and employees of the Project, as staff has brought up concerns regarding provided parking under the FLD review. c. Section 2.03. Lb - Unclear as to what as meant by "required" valet parking, as the City does not require valet parking, but is proposed by the applicant through the building design. d. Section 2.03. Lc - Staff is viewing the retail use as a primary, rather than accessory, use. e. Section 2.03. Ld - Last sentence in the second paragraph is unclear as to meaning regarding changing the ratio of Hotel Units to Fractional Share Units. Do you mean that the number of Hotel Units can increase and the Fractional Share Units can be decreased, but could this "ratio" be changed in the opposite? 6. Section 2.03.4 - In addition to no Hotel Unit or Fractional Share Unit being allowed as a primary or permanent residence, both of these Units should be restricted to prohibit such Units from being used to obtain an Business Tax Receipt (occupational license) for the purpose of conducting a "home occupation". 7. Section 5.03.1 - Unclear where this small portion of South Gulfview to be vacated is located, as the Exhibit is not filled in. Per the Civil Site Plan, do you mean Parcel A or Parcel B on Sheet C4? Unclear of the ramifications if such vacation does not occur. Advise. 8. Sections 5.03.8 - 5.03.12 - Unclear as to the need for these Sections, since South Gulfview and Beach Walk are constructed. Advise. 9. Sections 5.05.3 and 5.05.4- Shouldn't "Relocated First Street" rather be "Second Street"? 10. Section 5.05.6 - Language in this Section appears to be. old, referring to the "Bridge" and "Residential Condominium". Revise. 11 . Section 5.05.7 - Appears some of the language in this Section is old, since the City has financed and constructed South Gulfview and Beach Walk improvements. Update language. 12. Section 5.05.8 - There is no Section 5.05.8, as it skips from 5.05.7 to 5.05.9. Either insert 5.05.8 as "Reserved" or renumber sections. Development Review Agenda - Thursday, June 5, 2008 - Page 24 DRC Aaiun Agenda 1.1 13 . Section 5.05.9 - Th0de language is "Declaration of Unity of Title* a "Covenant of Unified Use". This Section may be retained, but be aware that the Planning Department will still require the recording of a Declaration of Unity of Title (for Condominiums - but will need to revise to provide for the Fractional Share Units portion of the project) prior to the issuance of any permit, as a condition of approval for the FLD case. Should the Project not be constructed, the Code procedure is to "Release of Declaration of Unity of Title", not the language in this Section. 14. Section 5.05.11 - Shouldn't "First Street Dedication" be "Second Street Dedication". 15. Section 16.01. Le - This paragraph refers to "Residential Units", which is old language, since there are no residential units in this Project. Additionally, "Hotel Units" should be changed to "Fractional Share Units". 16. Page 34 - Shouldn't the City's title (above Mayor's signature) be "The City of Clearwater, Florida" rather than "The City Florida of Clearwater, Florida"? 17. Exhibit D - Should update the survey based on comments under the FLD review. 18. Exhibit G - Section 2. 1.1 -Revise "(250)" to "(450)" to coincide with the written number. 19. Exhibit H - Revise #12 and #13, as these are old language not applicable to this application. 20. Exhibit I - a. This Exhibit is fine per se, but the City will still require the recording of a Declaration of Unity of Title prior to the issuance of any permits; and b. In the "NOW, THEREFORE" paragraph, on the sixth line, unclear what is meant by "mixed-use project" as this is solely an overall overnight accommodation use. 21 . Exhibit J - Planning Staff is not supportive of the improvement as submitted under the FLD application affected by this Easement Agreement. 22. Exhibit K - Revise for the following: a. Paragraph B - Refers to Coronado "Avenue" when it is really Coronado "Drive"; and b. Paragraph D - There is no pedestrian bridge being removed with this FLD or DVA, which was' under the prior FLD and DVA. 23 . Exhibit M - The dictionary does not include "voluments". Do you mean "volumes"? Other: No Comments Notes: SUFFICIENT TO MOVE FORWARD TO CDB - TO BE PLACED ON THE 7/15/08 CDB AGENDA, SUBMIT 15 COLLATED COPIES OF THE REVISED APPLICATION MATERIAL ADDRESSING ALL ABOVE DEPARTMENTS' COMMENTS BY NOON, 6/16/08. Development Review Agenda - Thursday, June 5, 2008 - Page 25 DRC Action Agmda I.I Wells, Wayne From: Watkins,. Sherry Sent: Thursday, June 05, 2008 9:40 AM To: Silverboard, Jill; Irwin, Rod Cc: Delk, Michael; Clayton, Gina; Wells, Wayne; Harriger, Sandy Subject: Development Review Committee Meeting for 100 Coronado Drive - DVA2008-00001 and FLD2008-05013 Importance: High Good Morning, I have attached a copy of the DRC Agenda for Case: 100 Coronado Drive, DVA2008-00001 and FLD2008-05013 this case is being heard at 1 PM and the meeting will be located in the MSB room 130. Should you have any questions please contact Wayne Wells case planner at 4504. Thank you, Sherry Watkins Administrative Analyst Planning Department 727-562-4582 M. t- DVA2008-000 FLD2008-0501 100 Coronado C00 Coronado D ,P x, . 1.00 pm Case Number: DVA2008-000-- 100 CORONADO DR • Owner(s): K & P Clearwater Estate Llc 5600 Mariner St # 227 Tampa, 9 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Applicant Trg Clearwater Beach, Llc 315 S. Biscayne Blvd. Miami, Fl 33132 TELEPHONE: 305-533-0001, FAX: 305-513-5800, E-MAIL: efordin@relatedgroup.com Representative: Ed Armstrong Po Box 1368 Clearwater, Fl 33757 TELEPHONE: 727-461-1818, FAX: 727-462-0365, E-MAIL: eda@jpfirm.com Location: 2.75 ACRES LOCATED DIRECTLY SOUTH OF PIER 60 BETWEEN CORONADO DRIVE AND SOUTH GULFVIEW BOULEVARD, NORTH OF SECOND STREET. Atlas Page: 276A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of an amended and restated Development Agreement between TRG Clearwater Beach, LLC (the proposed property owner) and the City of Clearwater. Proposed Use: Overnight accommodations Neighborhood Clearwater Beach Association Association(s): Clearwater, F133767 851 Eldorado Avenue TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Neighborhood Clearwater Neighborhoods Coalition Association(s): Clearwater, Fl 33763 1821 Springwood Cir S TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Presenter: Wayne Wells, Planner III Attendees Included: CITY: WAYNE WELLS, SCOTT RICE, STEVE DOHERTY, JIM KELLER APPLICANT: ED ARMSTRONG, JAYNE SEARS The DRC reviewed this application with the following comments: General Engineering: Development Review Agenda - Thursday, June 5, 2008 - Page 16 DRC Action Agenda 1.1 NO 3 1 . 1. What is being deed Item 24 on Page 6? Is this the Public Coftown on Sheet A-01? Although indicated as public, this area appears private. What measures will be taken to provide obvious public access? 2. Items 32 and 33 on Page 7 indicate that the right-of-way of South Gulfview is approximately 28 feet in width. The roadway is 28 feet wide not the right-of-way. 3. Item 30 - Page 7 - A continuous right turn lane along the west side of Coronado shall be provided from Second Street to S. Gulfview Blvd. 4. Item 2.03.e. - Page 9 - Exhibit H is a list of required permits/approvals. Is this sub item needed with the bridge being eliminated? Or should this refer to Exhibit E? 5. Item 3.01.3. - Page 11 - This should this be updated to reflect the current payment schedule and status. 6. Item 5.03.1. The small parcel is identified as Parcel J in Exhibit K. To facilitate the vacation of this parcel, the applicant shall submit a separate signed and sealed survey and legal description of Parcel J. 7. Item 5.03.5. - What is being proposed as Pedestrian Access Improvements? See Comment #1. 8. Item 5.03.8. - This should be deleted since Beach Walk is completed. 9. Item 5.03.9. - References to Beach Walk should be deleted. 10. Item 5.03.10. - This should be deleted since Beach Walk is completed. 11. Item 5.03.11. - This should be deleted since Beach Walk is completed. 12. Item 5.05.3. - Internal Comment - How do we make sure this gets coordinated with Aqualea? 13. Item 5.05.3 - Reference is made to Exhibit N? 14. Item 5.05.4. - Parking spaces may be 18 feet long rather than the 19 feet stated. 15. Item 5.05.4 - Reference is made to Exhibit O? 16. Item 5.05.5. - What is being proposed here? 17. Item 5.05.6. - Since the bridge has been deleted, should this section be eliminated? 18. Item 5.06.7. - This should be updated to reflect current payment schedule and status. 19. Exhibit A- Provide sketches depicting ROW vacations. 20. Exhibit E includes a sketch of a Pedestrian Court on the west side of the proposed project. How does this maintain the public nature of the promenade? See Comment #1. 21. Exhibit H - Items 5 and 6 are included in Item 1. 22. Exhibit H - Item 10 should read FDEP Water Permit as this has reverted back to the state. 23. Exhibit H Items 12 and 13 - Is a pedestrian bridge proposed? If not delete these two items. 24. Exhibit J - See Comment #1. 25. Exhibit K - Includes a description of Parcel J. See Comment #5. 26. Exhibit K - After the Warranty Deed for Parcel E, the copy of the Land Exchange Agreement does not include all the appropriate parcels. 27. Exhibit M - What input is needed for this exhibit? Environmental: 1 . No issues. Fire: 1 . No issues. Harbor Master: 1 . No issues. Legal: 1 . Comments provided separately by Pam Akin. Land Resources: No Comments Landscaping: 1 . No issues. Parks and Recreation: No Comments Stormwater: 1 . No Issues Solid Waste: 1 . No issues. Development Review Agenda - Thursday, June 5, 2008 - Page 17 DRC Action Agmda 1.1 Traffic Engineering: • • 1 . 1. The development agreement under the section" Obligations of the Developer" shall include language providing for the installation of a continuous right turn deceleration lane from the intersection of Coronado Drive/ Gulfview Boulevard to Second Street at the developer's sole expense. Planning: Development Review Agenda - Thursday, June 5, 2008 - Page 18 DRC Action Agmda 1.1 • I . Page 3 - Top paragle - Line 4 - Remove the period after "and"; ren* one comma after "BEACH". 2. Page 5 - Revise for the following: a. #7 - Remove the period before #7; remove the comma after "means"; and b. #15 - Unclear why "First Street Dedication" isn't "Second Street Dedication" as it will formally be known as Second Street. Additionally, hasn't the Second Street dedication already been recorded, so that the OR Book_ and Paget' can be filled in? 3. Page 6 Revise for the following: a. #24 - Regarding the proposed loggia and Palm Court, see comments under FLD2008-05013, which staff is not supportive of such improvements within the public right-of-way; b. #27 - Under FLD2008-05013 the retail is not being viewed as accessory to the Resort Hotel, but rather a primary use; and c. #28 - Should "First Street Dedication" rather be "Second Street Dedication"? 4. Page 7 - Revise for the following: a. #28 - Shouldn't "Relocated First Street" rather be "Second Street"? b. #31 - Shouldn't "Relocated First Street" rather be "Second Street"? Revise at the end of the first line "road" to "right-of-way"; c. #32 - Relocated South Gulfview is a public right-of-way with the roadway being 28 feet in width, not the right-of-way. Correct? d. #33 - There are two #33's. Renumber; and e. #34 - Third line - Add "Drive" after "Coronado". 5. Section 2.03.1 - a. Shouldn't the "Project" be described as including the Resort Hotel and accessory uses (private parking, restaurant, spa, etc.) and public parking...? Staff is viewing the retail use as a primary, rather than accessory, use. b. Section 2.03. La - Second sentence should be moved to 2.03.1.b. Additionally, making accessory private parking available to the public on a space available basis most likely will not be "free" to the public but for a fee, which may require a Business Tax Receipt (occupational license). The operational aspects of this arrangement may need to be set out in the Development Agreement to avoid insufficient parking for the guests and employees of the Project, as staff has brought up concerns regarding provided parking under the FLD review. c. Section 2.03. Lb - Unclear as to what as meant by "required" valet parking, as the City does not require valet parking, but is proposed by the applicant through the building design. d. Section 2.03. Lc - Staff is viewing the retail use as a primary, rather than accessory, use. e. Section 2.03.1.d - Last sentence in the second paragraph is unclear as to meaning regarding changing the ratio of Hotel Units to Fractional Share Units. Do you mean that the number of Hotel Units can increase and the Fractional Share Units can be decreased, but could this "ratio" be changed in the opposite? 6. Section 2.03.4 - In addition to no Hotel Unit or Fractional Share Unit being allowed as a primary or permanent residence, both of these Units should be restricted to prohibit such Units from being used to obtain an Business Tax Receipt (occupational license) for the purpose of conducting a "home occupation". 7. Section 5.03.1 - Unclear where this small portion of South Gulfview to be vacated is located, as the Exhibit is not filled in. Per the Civil Site Plan, do you mean Parcel A or Parcel B on Sheet C4? Unclear of the ramifications if such vacation does not occur. Advise. 8. Sections 5.03.8 - 5.03.12 - Unclear as to the need for these Sections, since South Gulfview and Beach Walk are constructed. Advise. 9. Sections 5.05.3 and 5.05.4- Shouldn't "Relocated First Street" rather be "Second Street"? 10. Section 5.05.6 - Language in this Section appears to be old, referring to the "Bridge" and "Residential Condominium". Revise. 11 . Section 5.05.7 - Appears some of the language in this Section is old, since the City has financed and constructed South Gulfview and Beach Walk improvements. Update language. 12. Section 5.05.8 - There is no Section 5.05.8, as it skips from 5.05.7 to 5.05.9. Either insert 5.05.8 as "Reserved" or renumber sections. Development Review Agenda - Thursday, June 5, 2008 - Page 19 DRC Action Agwda I.I N 13. Section 5.05.9 - ThAde language is "Declaration of Unity of Title'*,t a "Covenant of Unified Use". This Section may be retained, but be aware that the Planning Department will still require the recording of a Declaration of Unity of Title (for Condominiums - but will need to revise to provide for the Fractional Share Units portion of the project) prior to the issuance of any permit, as a condition of approval for the FLD case. Should the Project not be constructed, the Code procedure is to "Release of Declaration of Unity of Title", not the language in this Section. 14. Section 5.05. 11 - Shouldn't "First Street Dedication" be "Second Street Dedication". 15. Section 16.01. Le - This paragraph refers to "Residential Units", which is old language, since there are no residential units in this Project. Additionally, "Hotel Units" should be changed to "Fractional Share Units". 16. Page 34 - Shouldn't the City's title (above Mayor's signature) be "The City of Clearwater, Florida" rather than "The City Florida of Clearwater, Florida"? 17. Exhibit D - Should update the survey based on comments under the FLD review. 18. Exhibit G - Section 2. 1.1 - Revise "(250)" to "(450)" to coincide with the written number. 19. Exhibit H - Revise #12 and #13, as these are old language not applicable to this application. 20. Exhibit I - a. This Exhibit is fine per se, but the City will still require the recording of a Declaration of Unity of Title prior to the issuance of any permits; and b. In the "NOW, THEREFORE" paragraph, on the sixth line, unclear what is meant by "mixed-use project" as this is solely an overall overnight accommodation use. 21 . Exhibit J - Planning Staff is not supportive of the improvement as submitted under the FLD application affected by this Easement Agreement. 22. Exhibit K - Revise for the following: a. Paragraph B - Refers to Coronado "Avenue" when it is really Coronado "Drive"; and b. Paragraph D - There is no pedestrian bridge being removed with this FLD or DVA, which was under the prior FLD and DVA. 23 . Exhibit M - The dictionary does not include "voluments". Do you mean "volumes"? Other: No Comments Notes: SUFFICIENT TO MOVE FORWARD TO CDB - TO BE PLACED ON THE 7/15/08 CDB AGENDA, SUBMIT 15 COLLATED COPIES OF THE REVISED APPLICATION MATERIAL ADDRESSING ALL ABOVE DEPARTMENTS' COMMENTS BY NOON, 6/16/08. Development Review Agenda - Thursday, June 5, 2008 - Page 20 DRC Aaim Agamda 1.1 Wells, Wayne From: Wells, Wayne Sent: Tuesday, June 03, 2008 9:52 AM To: Akin, Pam Subject: DVA2008-00001, 100 Coronado Drive Pam - I am forwarding the Draft DRC comments to you for this case for your information. Wayne -----Original Message----- From: Wells, Wayne Sent: Tuesday, June 03, 2008 9:47 AM To: Jayne Sears (E-mail) Subject: DVA2008-00001, 100 Coronado Drive Jayne - Attached are the Draft DRC comments for the above referenced application, to be heard at 1:00 pm on Thursday, June 5, 2008, in Room 130 of the Municipal Services Building. Wayne M. Wells, AICP Planner III City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 Draft 6.5.08 C Action Agend Wells, Wayne From: Wells, Wayne Sent: Friday, May 16, 2008 2:00 PM To: Akin, Pam Cc: Clayton, Gina; Dougall-Sides, Leslie; Watkins, Sherry Subject: Clearwater Beach Resort and Hotel (formerly Kiran Grande),, Pam - The Development Agreement will be reviewed by the DRC at their meeting on June 5th, along with the accompanying FLD case. The time for such review has not been determined yet. I or Sherry Watkins will let you know of the specific time of day on June 5th when it has been determined. Wayne -----Original Message----- From: Akin, Pam Sent: Monday, May 05, 2008 4:53 PM To: Clayton, Gina Cc: Wells, Wayne Subject: RE: Kiran Grand Thanks Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Clayton, Gina Sent: Monday, May 05, 2008 4:48 PM To: Akin, Pam Cc: Wells, Wayne Subject: RE: Kiran Grand It will be June 5th (provided it is found complete on May 14th). Wayne can you let us know when you determine whether or not the application is complete. -----Original Message----- From: Akin, Pam Sent: Monday, May 05, 2008 4:45 PM To: Clayton, Gina Subject: RE: Kiran Grand When is it? Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Clayton, Gina Sent: Monday, May 05, 2008 10:05 AM To: Akin, Pam; Dougall-Sides, Leslie Cc: Wells, Wayne; Delk, Michael Subject: RE: Kiran Grand If there are important issues related to the Development Agreement that would be great if you would be willing to attend. Thanks! -----Original Message----- From: Akin, Pam Sent: Monday, May 05, 2008 9:54 AM To: Clayton, Gina; Dougall-Sides, Leslie Subject: RE: Kiran Grand 0 will send you the marked up version and would appreciate comments. Should I attend DRC? Pamela Akin, City Attorney 112.5. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Clayton, Gina Sent: Monday, May 05, 2008 9:33 AM To: Akin, Pam; Dougall-Sides, Leslie Subject: RE: Kiran Grand Okay - if we could be kept appraised of the changes that would be helpful since it will be discussed at DRC. Thanks. -----Original Message----- From: Akin, Pam Sent: Monday, May 05, 2008 9:31 AM To: Dougall-Sides, Leslie; Clayton, Gina Subject: RE: Kiran Grand I will being reviewing this one. I had made substantial revisions. which I will try to get out today. Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, May 02, 2008 4:54 PM To: Akin, Pam Subject: FW: Kiran Grand FYI. -----Original Message----- From: Clayton, Gina Sent: Friday, May 02, 2008 4:34 PM To: Dougall-Sides, Leslie Subject: Kiran Grand FYI - this project was submitted today with a new design. A revised development agreement has also been submitted. 2 Wells, Wayne From: Akin, Pam Sent: Monday, May 05, 2008 4:53 PM To: Clayton, Gina Cc: Wells, Wayne Subject: RE: Kiran Grand Thanks Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Clayton, Gina Sent: Monday, May 05, 2008 4:48 PM To: Akin, Pam Cc: Wells, Wayne Subject: RE: Kiran Grand It will be June 5th (provided it is found complete on May 14th). Wayne can you let us know when you determine whether or not the application is complete. -----Original Message----- From: Akin, Pam Sent: Monday, May 05, 2008 4:45 PM To: Clayton, Gina Subject: RE: Kiran Grand When is it? Pamela Akin, City Attorney 112 S. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Clayton, Gina Sent: Monday, May 05, 2008 10:05 AM To: Akin, Pam; Dougall-Sides, Leslie Cc: Wells, Wayne; Delk, Michael Subject: RE: Kiran Grand If there are important issues related to the Development Agreement that would be great if you would be willing to attend. Thanks! -----Original Message----- From: Akin, Pam Sent: Monday, May 05, 2008 9:54 AM To: Clayton, Gina; Dougall-Sides, Leslie Subject: RE: Kiran Grand I will send you the marked up version and would appreciate comments. Should I attend DRC? Pamela Akin, City Attorney 1 I 112 5. Osceola Avg' • Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Clayton, Gina Sent: Monday, May 05, 2008 9:33 AM To: Akin, Pam; Dougall-Sides, Leslie Subject: RE: Kiran Grand Okay - if we could be kept appraised of the changes that would be helpful since it will be discussed at DRC. Thanks. -----Original Message----- From: Akin, Pam Sent: Monday, May 05, 2008 9:31 AM To: Dougall-Sides, Leslie; Clayton, Gina Subject: RE: Kiran Grand I will being reviewing this one. I had made substantial revisions. which I will try to get out today. Pamela Akin, City Attorney 112 5. Osceola Ave Clearwater, Florida 33758 727 562-4010 -----Original Message----- From: Dougall-Sides, Leslie Sent: Friday, May 02, 2008 4:54 PM To: Akin, Pam Subject: FW: Kiran Grand FYI. -----Original Message----- From: Clayton, Gina Sent: Friday, May 02, 2008 4:34 PM To: Dougall-Sides, Leslie Subject: Kiran Grand FYI - this project was submitted today with a new design. A revised development agreement has also been submitted. 2 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 200900479101/08/2009 at 12:66 PM OFF REC BK: 16466 PG: 1600-1640 DocType:AGM RECORDING: $1200.00 FIRST AMENDED AND RESTATED AGREEMENT FOR DEVELOPMENT OF PROPERTY between THE CITY OF CLEARWATER, FLORIDA and K & P CLEARWATER ESTATE, I,LC Dated asof LUZ14?-LRX 304; 2008 Table of Contents Article 1. Definitions Section 1.01 Definitions Section 1.02 Use of Words and Phrases Section 1.03 Florida Statutes Article 2 Purpose and Description of Project Section 2.01 Finding of Public Purpose and Benefit Section 2.02 Purpose of Agreement Section 2.03 Scope of the Project Section 2.04 Cooperation of the Parties Article 3 Regulatory Process Section 3.01 Land Development Regulations Section 3.02 Development Approvals and Permits Section 3.03 Concurrency Article 4 Plans and Specifications Section 4.01 Plans and Specifications Article 5 Project Development Section 5.01 Ownership of Project Site Section 5.02 Project Site Section 5.03 City's Obligations Section 5.04 Obligations of the Developer Article 6 [INTENTIONALLY OMITTED] Article 7 Construction of the Project Section 7.01 City Not in Privity Section 7.02 Construction Sequencing Section 7.03 Construction Plan Article 8 [INTENTIONALLY OMITTED] Article 9 Representations, Warranties and Covenants of the Developer Section 9.01 Representations and Warranties Section 9.02 Covenants Article 10 City Representations, Warranties and Covenants Section 10.01 Representations and Warranties Section 10.02 Covenants 2 5 5 6 6 6 8 9 9 10 11 11 11 11 12 14 14 14 15 16 17 17 ii Article 11 Default; Termination Section 11.01 Project Default by the Developer 18 Section 11.02 Default by the City 19 Section 11.03 Obligations, Rights and Remedies Cumulative 19 Section 11.04 Non-Action on Failure to Observe Provisions of this Agreement 19 Section 11.05 Termination Certificate 20 Article 12 Right to Contest Section 12.01 Right to Contest 20 Article 13 Arbitration Section 13.01 Agreement to Arbitrate 20 Section 13.02 Appointment of Arbitrators 21 Section 13.03 General Procedures 22 Section 13.04 Majority Rule 22 Section 13.05 Replacement of Arbitrator 22 Section 13.06 Decision of Arbitrators 22 Section 13.07 Expense of Arbitration 22 Section 13.08 Accelerated Arbitration 23 .Section 13.09 Applicable Law 23 Section 13.10 Arbitration Proceedings and Records 23 Article 14 Unavoidable Delay Section 14.01 Unavoidable Delay 24 Article 15 Restrictions on Use Section 15.01 Restrictions on Use of Project Site 24 iii Article 16 • Miscellaneous Section 16.01 Assignments 25 Section 16.02 Successors and Assigns 26 Section 16.03 Notices 26 Section 16.04 Applicable Law and Construction 26 Section 16.05 Venue; Submission to Jurisdiction 27 Section 16.06 Estoppel Certificates 27 Section 16.07 Complete Agreement; Amendments 27 Section 16.08 Captions 28 Section 16.09 Holidays 28 Section 16.10 Exhibits 28 Section 16.11 No Brokers 28 Section 16.12 Not Agents 28 Section 16.13 Recording of Development Agreement 28 Section 16.14 Public Purpose 28 Section 16.15 No General Obligations 28 Section 16.16 Other Requirements of State Law 29 Section 16.17 Technical Amendments 29 Section 16.18 Term; Expiration; Certificate 29 Section 16.19 Approvals Not Unreasonably Withheld 29 Section 16.20 Effective Date 30 iv EXHIBITS Legal Description of Developer's Property A First Street Dedication A-1 Vacations of Rights of Way Ordinances A-2 Project Description and Preliminary Project Plans B Hotel Quality Standard C Project Site D Coordinated Design of South Gulfview and Beach Walk Improvements E Declaration of Covenants and Restrictions F Covenant Regarding Hurricane Evacuation & Use and Occupancy of Resort Hotel G Required Permits and Approvals H Covenant of Unified Use I Easement Agreement J Amended and Restated Contract for Exchange of Real Property K Representative Cross Section of Second Street L Parking Protocol M Developer's Pro Rata Share Calculation and Repayment Schedule N v THIS 1 ST AMENDED AND RESTATED AGREEMENT for Development of Property (together with all exhibits, modifications and amendments, this "Agreement") is made as of this 3 00' day of ?? , 2008, by and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City"), and K & P Clearwater Estate, LLC, a Florida limited liability company (hereinafter refereed to as the "Developer"). WITNESSETH: WHEREAS, the City and Developer entered into a Development Agreement on March 3, 2005 and recorded in O.R. book 14168, Page 2397 regarding the certain property located at generally 100 Coronado Drive, 201, 215 and 219 South Gulfview Boulevard ("Developer's Property"); WHEREAS, the City and Developer subsequently amended the Agreement on March 22, 2006 and recorded in Pinellas County Records U.R. Book 15023, Page 1494-1500; WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; WHEREAS, Beach by Design also calls for the construction of pedestrian-oriented improvements along the east and west sides of South Gulfview Boulevard ("South Gulfview"), which proposed improvements are known as Beach Walk; WHEREAS, the City has adopted Beach. by Design pursuant to the Pinellas Planning Council's Rules in support of the Comprehensive Plan adopted by the City; WHEREAS, Beach by Design proposed a limited number of catalytic resort projects to reposition and re-establish Clearwater Beach as a quality, family resort community and further provides for a limited pool of additional hotel units ("Destination Resort Density Pool") to be made available for such projects; WHEREAS, because increased residential density on barrier islafids is a critical concern under Florida law, Beach by Design limits the use of the Destination Resort Density Pool to overnight accommodations and limits tenancies to 30 days or less; WHEREAS, a key criteria for eligibility for the Destination Resort Density Pool is the operation of a proposed proj ect as resort hotel operating under a national or international "flag" or other comparable marketing affiliation or program; . WHEREAS, the Developer proposes to develop a resort hotel including both interval ownership/timesharing units and traditional hotel units and associated amenities on certain property fronting on South Gulfview and, subject to the mutual promises set forth of this Agreement, has proposed to include in that project eight (8) parking spaces for use by the public as a replacement for the on-street parking spaces removed from South Gulfview in front of the project in connection with the relocation of South Gulfview as contemplated by this Agreement or Developer will make payment to the city in lieu of providing such spaces; WHEREAS, it is necessary that the City take certain actions in order to make it possible for Developer to develop the project contemplated by this Agreement in accordance with the goals and objectives of Beach by Design; WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2003) and any other applicable law; WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; WHEREAS, the City has conducted public hearings as required by § 4-206 and 4-606 of the Community Development Code; WHEREAS, at a duly called public meeting on _ , 2008, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the resort community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereby agree as follows: ARTICLE 1. DEFINITIONS. 1.01. Definitions. The terms defined in this Article 1 shall have the following meanings except as herein otherwise expressly provided: 1. "Beach by Design" or "Plan" means the strategic redevelopment plan for Clearwater Beach dated 2001, as amended, which was adopted by the City Council pursuant to the provisions of the Pinellas County Planning Council's Rules for the designation of a Community Redevelopment District, as amended through the Effective Date. 2. "City" means the City of Clearwater, Florida, a Florida municipal corporation. 3. "City Council" means the governing body of the City. 4. "Commencement Date" means the date on which the Developer commences or causes a contractor to commence construction on the foundation or other structural element of the Project. 2 5. "Completion Date" means the date on which the final certificate of occupancy required for the Project is issued, which issuance shall not be unreasonably withheld or delayed. 6. "Destination Resort Density Pool" or "Destination Resort Density Pool Units" means the hotel unit density pool created by the City pursuant to Article V, section B of Beach by Design and the associated Hotel Units. . 7. "Developer" means, K&P Clearwater Estate, LLC, and its successors and assigns (see Article 16). 8. "Developer's Property" means those properties owned by Developer on the Effective Date of this Agreement, which properties are more particularly described in Exhibit A to this Agreement. 9. "Developer's Pro Rata Share" means Developer's pro rata share of the Net Cost of South Gulfview and Beach Walk Improvements, as calculated in Article 5. 10. "Basement Agreement" means that easement granted to the Developer to allow the construction, operation, maintenance, repair, replacement and other matters concerning or affecting the Palm Court area substantially in the form of Exhibit J attached hereto. 11. "Exhibits" means those agreements, diagrams, drawings, specifications, instruments, forms of instruments, and other documents attached and designated as exhibits to this Agreement, which are hereby incorporated herein and made a part hereof by reference. 12. "Existing Hotel Units" means the two hundred (200) overnight hotel guest rooms existing on the Developer's Property as of the date of approval of the original Development Agreement dated March 3, 2005. 13. "Expiration Date" means that date ten (10) years following the Effective Date on which this Agreement automatically expires. 14. "Interval Ownership Units" means a maximum of 200 interval ownership/timeshare units as defined in the Community Development Code, which will be sold to more than one owner for use for a period of time not to exceed 30 consecutive days. 15. "Hotel" means that part of the Project, containing the Hotel Units, together with amenities and common areas located on the Project Site, but excluding the portion of the Project which contains the Interval Ownership Units. 16. "Hotel Units" means the 250 Destination Resort Density Pool Units. 17. "Land Exchange" means that property exchange which either occurred or is to occur on the terms and conditions set forth in Exhibit K hereto. 18. "Meeting Space" means any building floor area within the Project which can be used for conference or meeting activities. 19. "Net Cost of South Gulfview and Beach Walk Improvements" means the total cost of the South Gulfview and Beach Walk Improvements, plus any debt service, and less nonreimbursable funds from sources other than the City (other than any fair share or pro rata payments made by the owners of other properties which front on South Gulfview). Remaining payment schedule is attached hereto as Exhibit N. 20. "Palm Court easement" means that area subject to the Easement Agreement constructed by the Developer and connecting the Project to the public Beach Walk. 21. "Permits" means all land development approvals and consents required to be granted, awarded, issued, or given by any governmental authority in order for construction of the Project, or any part thereof, to commence, continue or be completed. 22. "Plans and Specifications" means, as to each part of the Project to be developed, the site plan for that part of the Project to be developed, filed with the City as required by governing land development regulations ("Land Development Regulations") for the purpose of review and approval. 23. "Project" means, collectively, development of the Project Site as a Resort Hotel together with accessory retail and restaurant uses which is proposed by the Developer as described in this Agreement and in the preliminary plans therefore which are attached hereto as Exhibit B. 24. "Project Site" means the land area which includes the Developer's Property, as modified by the Vacations of Rights of Way, the Land Exchange, and the First Street Dedication, and which is generally bounded (a) on the east by the western edge of Relocated Coronado, (b) on the north by the southern boundary of Relocated South Gulfview, (c) on the south by the northern boundary of Second Street, and (d) on the west by Beach Walk, which site is more particularly described on Exhibit D. 25. "Public Parking Spaces" means eight 8 parking spaces or payment in lieu of to be provided by Developer in the Project for use by the general public as described more fully in Paragraph 2.03(1) of this Agreement. 26. "Relocated Coronado" means that proposed five (5)-lane two-way public right of way approximately seventy-eight (78) feet in width to be contiguous to and running north to south along the east boundary of the Project Site, as situated following the Land Exchange and as shown in the Project Plans depicted in Exhibit B. 27. "Relocated South Gulfview" means that two (2)-lane, two-way public road approximately twenty-eight (28) feet in width and associated promenade or sidewalk, running north to south along the west boundary of the Project Site and running east to west along the north boundary of the Project Site, as situated following the realignment of South Gulfview as a result of the South Gulfview and Beach Walk Improvements. 4 28. "Resort Hotel" means the Hotel together the Interval Ownership Units proposed as part of the Project. 29. "Resort Hotel Units" means both Interval Ownership Units and Hotel Units. 30. "Second Street" means that proposed three (3)-lane, two-way public road approximately sixty (60) feet in width to be contiguous to and running east to west along the south boundary of the Project Site between Coronado and South Gulfview, the location of which is depicted on Exhibit L hereto. 31. "Second Street Dedication" means that dedication by Developer to the City of a portion of the Developer's Property of approximately sixty (60) feet in width, as more fully described on Exhibit A-1 hereto and recorded in O.R. Book 15085, Page 2109, Public Records of Pinellas County, Florida. 32. "South Gulfview and Beach Walk Improvements" means (a) the realignment and construction of South Gulfview as a two (2) lane, two-way road approximately twenty-eight (28) feet in width and associated improvements ("South Gulfview Improvements") and (b) the construction of a promenade, a bicycle/skating path, a beachfront pedestrian path ("Beach Walk Improvements") as shown on Exhibit E hereto and as constructed by the City. .. . 33. "Vacations of Rights of Way" means the abandonment by the City in favor of the Developer in furtherance of the goals and objectives of the Comprehensive Plan, of (a) the former right-of-way of First Street between the western boundary of the existing right of way of Coronado and the centerline of the existing right of way of South Gulfview ("First Street Vacation"), (b) the eastern half of the existing right-of-way of South Gulfview contiguous to the Developer's Property, which abandonment is anticipated to result in the addition to the Developer's Property of a parcel thirt y-five (35) feet wide running along and contiguous to the western boundary of the Developer's Property to facilitate development of the Project ("South Gulfview Vacation") and (c) other such miscellaneous parcels necessary to create the Project Site. Such parcels and associated ordinances to be abandoned are more particularly described on Exhibit A-2 hereto. 1.02. Use of Words and Phrases. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, the singular shall include the plural as well as the singular number, and the word "person" shall include corporations and associations, limited liability companies, partnerships, any other business entity of a type recognized by law, including public bodies, as well as natural persons. "Herein," "hereby," "hereunder," "hereof," "hereinbefore," "hereinafter" and other equivalent words refer to this Agreement as a whole and not solely to the particular paragraph or section in which any such word is used. 1.03. Florida Statutes. All references herein to Florida Statutes are to Florida Statutes (2003), as amended from time to time. ARTICLE 2. PURPOSE AND DESCRIPTION OF PROJECT. 2.01. Finding of Public Purpose and Benefit. The proposed Project, including the design, construction, completion and operation of the Project, and each part thereof, is hereby found by the parties hereto: (1) to be consistent with and in furtherance of the objectives of the Comprehensive Plan of the City, (2) to conform to the provisions of Florida law, (3) to be in the best interests of the citizens of the City, (4) to further the purposes and objectives of the City, including without limitation, the addition of resort hotel rooms adjacent to the beach providing for transient occupancy pursuant to the standards established hereunder, (5) to further the public interest on Clearwater Beach, and (6) to implement Beach by Design for South Gulfview, including the implementation of the South Gulfview and Beach Walk Improvements and the Palm Court easement area to be constructed as a part of the Project. 2.02. Purpose of Agreement. The purpose of this Agreement is to further the implementation of Beach by Design by providing for the development of the Project Site and to provide for the construction of certain public improvements, all to enhance the quality of life, increase employment and improve the aesthetic and useful enjoyment of Clearwater Beach and the City, all in accordance with and in furtherance of the Comprehensive Plan of the City of Clearwater and as authorized by and in accordance with the provisions of Florida law. 2.03. Scope of the Project. 1. The Project shall only include public parking, private parking, Resort Hotel and its approved accessory uses including restaurant, retail and spa uses as described in Sec. 2.03.1 and shall be developed in substantial conformity with the preliminary plans of development which are attached as Exhibit B. The Project Site is within a "Community Redevelopment District," pursuant to the Pinellas County Planning Council's Rules, which authorizes an increase in hotel unit density pursuant to the provisions of Beach by Design. The intensity of permitted use on the Project Site shall be: a. Public Parking - Developer shall provide the Public Parking Spaces .or payment in lieu of as part of the Project. In addition, the Developer will make parking spaces within the Project available to the public on a space available basis. b. Private Parking - The Developer shall provide private parking spaces for use in connection with the Project. C. Hotel - The Hotel shall include 250 Hotel Units, a minimum of twenty thousand (20,000) square feet of Meeting Space and other amenities accessory to the Hotel, including, but not limited to restaurants, bars, exercise and spa facilities, outdoor recreation space, storage, back office and administration areas and other functional elements related to the Hotel, including not more than thirty-seven thousand (37,000) square feet of retail/ restaurant floor area. Hotel Units shall be required to be submitted to a rental program requiring that such units be available for overnight hotel guests on a transient basis at all times, subject to force majeure events or renovation activities making such rooms unavailable for occupancy. 6 d. Timeshare - The portion of the Resort Hotel where the Interval Ownership Units shall be located as shown on the Development Plan in Exhibit B. Such area shall include no more than the 200 Existing Hotel Units and shall not include the 250 Destination Resort Density Pool. 2. Minimum Quality Standards - In order to assure the high quality resort experience called for under this Agreement, all Hotel Units, shall be operated by a single hotel operator and all Interval Ownership Units shall be operated by a single operator, both of which shall meet the requirements as to operating standards set forth in Exhibit C of this Agreement. 3. The Developer has received Flexible Development approval to build four hundred and fifty (450) Resort Hotel Units consisting of two hundred and fifty (250) Hotel Units and two hundred (200) Interval Ownership Units within the Project pursuant to a Flexible Development Application. Notwithstanding anything to the contrary in this Agreement, Developer may choose to increase the number of Hotel Units by reducing the number of Interval Ownership Units as provided in the Flexible Development Approval so long as the Resort Hotel does not exceed 450 Resort Hotel Units. . 4. Nothing shall preclude the Developer from developing or operating all or portions of the Project using any ownership format in any combination, provided such format and combination are permitted under Florida Statutes, including, without limitation, individual ownership, provided that the requirements as to availability for transient occupancy and as to a single hotel operator set forth in 2:03 (1) (c) are satisfied. 5. Up to twenty-five percent (25%) of the Hotel Units, or such greater percentage, if any, which is permitted by the City's Land Development Regulations at the time of issuance of a building permit for the Hotel Units, may be suites with kitchens, including all typical kitchen equipment and amenities. In addition, partial kitchens or mini-kitchens may be permitted. One hundred percent (100%) of the Interval Ownership Units may have kitchens, including all standard kitchen equipment and amenities. 6. Notwithstanding any other provision of this Agreement, no occupancy in excess of thirty (30) consecutive days per stay shall be permitted in any Resort Hotel Unit. In addition, no Hotel Unit or Interval Ownership Unit shall be used as a primary or permanent residence and each Hotel Unit shall be required to be available to transient hotel guests and to be operated as described in Paragraph 2.03(1)(c). Prior to the issuance of a certificate of occupancy for the Resort Hotel, the Developer shall record a covenant and restriction which is enforceable by the City, substantially in accordance with Exhibit F. limiting the use and operation of the Interval Ownership Units and Hotel Units, implementing this paragraph. 7. As a condition of the allocation of Destination Resort Density Pool Units pursuant to the designation of Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council's Rules, the Developer shall comply with each of the standards established in Beach by Design, including: 7 a. The Resort Hotel shall provide a full range of on and off site amenities for guests, including at least one full service restaurant, room service, valet parking, exercise facilities, pool, meeting areas and access to boating, fishing and golf off site or comparable amenities.. Off site amenities may be provided through a concierge service. b. The Resort Hotel shall be operated as a national or international "flag" or as part of another comparable marketing affiliation or program which will ensure support of the repositioning of Clearwater Beach as a resort destination. The parries agree that membership in the American Automobile Association ("AAA"), the Mobil Travel Guide ("MTG"), or any other comparable organization approved by the City and maintaining the Hotel in a condition and quality level as more fully described in Exhibit C ("Minimum Quality Standards"), shall constitute compliance with the resort quality standards of Beach by Design. C. The Resort Hotel shall be of exceptional architectural design and shall be fitted with high. quality finishes and furnishings. The parties agree that the architectural design- depicted on Exhibit B meets this requirement. d. Prior to the issuance of a final certificate of occupancy for the Resort Hotel, the Developer shall record a covenant and restriction which is enforceable by the. City substantially in the form of Exhibit F, limiting the use and operation of the Resort Hotel, obligating the Developer to develop, implement and operate, at all times when the Resort Hotel is open, a trip generation management program which shall include the provision of non-private automobile access to and from the Resort Hotel for :Resort Hotel guests which shall include, at least an airport shuttle and resort-provided transportation to off-site amenities and attractions. .e. Prior to the issuance of a building permit authorizing the construction of the Project, the Developer shall record a covenant and restriction which is enforceable by the City, substantially in the form of Exhibit G, addressing the use and operation ofthe Resort Hotel, which is enforceable by the City, that obligates the Developer to close and vacate all persons (except for emergency personnel required to secure and protect the facilities) from all Resort Hotel Units within the Project as soon as practicable after the issuance of a hurricane watch by the National Hurricane Center which includes Clearwater Beach. 2.04. Cooperation of the Parties. The City and the Developer recognize that the successful development of the Project and each component thereof is dependent upon the continued cooperation of the City and the Developer, and each agrees that it shall act in a reasonable manner. Each party agrees to provide the other party with complete and updated information from time to time, with respect to the conditions such party is responsible for satisfying hereunder and make good faith efforts to ensure that such cooperation is continuous, the purposes of this Agreement are carried out to the full extent contemplated hereby and the Project is designed, constructed, completed and operated as provided herein. 8 ARTICLE 3. REGULATORY PROCESS. 3.01. Land Development Regulations. 1. Land Use Designation. The Project Site has a land use plan designation of Resort Facilities High and a zoning designation of Tourist. 2. Amendments to Comprehensive Plan & Land Development Regulations. The City has amended the Comprehensive Plan of the City of Clearwater to recognize the Goals and Objectives set forth in Beach by Design and has designated Clearwater Beach as a Community Redevelopment District in accordance with Beach by Design, pursuant to Pinellas County Planning Council Rules. 3. Grant of Additional Hotel Units. Subject to the terms and conditions of this Agreement and compliance with applicable law, the City hereby allocates and grants to Developer from the Destination Resort Density Pool the right to build two hundred fifty (250) hotel rooms in addition to the Existing Hotel Units, making the Project Site eligible to contain a maximum of four hundred fifty (450) Resort Hotel Units. The allocation of the Destination Resort Density Pool Units shall expire and be of no further force and effect unless Developer completes payment of Developer's Pro Rata Share as provided in Paragraph 5.05 and the Commencement Date occurs on or before three (3) years after the Effective Date of this Agreement. Notwithstanding the foregoing, the Developer may request an amendment to this Agreement as provided by the Community Development Code. 3.02. Development Approvals and Permits. 1. Avolications for Development Approval. The Developer shall prepare and submit to the appropriate governmental authorities, including the City, applications for approval of all plans and specifications necessary for the Project, and, except as expressly provided otherwise in this Agreement, shall bear all costs of preparing such applications, applying for and obtaining such permits, including payment of,any and all applicable application, inspection, regulatory and impact fees or charges. The City shall, to the extent possible, expedite review of all applications. A list of all permits and approvals required to implement the provisions of this Agreement is attached as Exhibit H. The failure of this Agreement to address a particular permit, condition, or term of restriction shall not relieve the Developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions. 2. City Cooperation and Assistance. The City shall cooperate with the Developer in obtaining all necessary Permits required for the construction, completion of the Project and its opening for business. If requested by the Developer and authorized bylaw, the City will join in any application for any Permit, or, alternatively, recommend to and urge any governmental authority that such Permit or Permits be issued or approved. 3. City Authority Preserved. The City's duties, obligations, or responsibilities under any paragraph of this Agreement, specifically including, but not limited to, this Paragraph 3.02, shall 9 not affect the City's right, duty, obligation, authority and. power to act in its governmental or regulatory capacity in accordance with applicable laws, ordinances, codes or other building regulations. Notwithstanding any other provision of this Agreement, any required permitting, licensing or other regulatory approvals by the City shall be subject to the established procedures and substantive requirements of the City with respect to review and permitting of a project of a similar or comparable nature, size and scope. In no event shall the City, due to any provision of this Agreement, be obligated to take any action concerning regulatory or legislative approvals except through its established procedures and in accordance with applicable provisions of law. 4. Transportation Impact Fee Credits. The City shall, to the extent authorized by applicable law, allow the Developer a credit against the Developer's Pro Rata Share in the amount of transportation impact fees paid by the Developer to the City which are intended for use by the City for the South Gulfview and Beach Walk Improvements are described on Exhibit E hereto. To the extent such credits are lawfully available, the City shall also use its best efforts to secure from Pinellas County, Florida (the "County") a credit toward Developer's Pro Rata Share, of transportation impact fees intended for use by and collected by the County in connection with the Project. A schedule of Developer's Pro Rata Share is described in Exhibit N attached hereto. 3.03. Concurrency. 1. Concurrency Required. The parties hereto recognize and acknowledge that Florida law (specifically, Part IL Chapter 163, F. S., and Rule 9J-5, Florida Administrative Code, collectively the "Growth Management Act") imposes restrictions on development if adequate public improvements are not available concurrently with that development to absorb and handle the demand on public services caused by development. The City has created and implemented a system for monitoring the effects of development on public services within the City. The Developer recognizes and acknowledges it must satisfy the Concurrency requirements of Florida law and the City's regulations as applied to this Project. 2. Reservation of Capacity. The City hereby agrees and acknowledges that, as of the Effective Date of this Agreement, the Project satisfies the Concurrency requirements of Florida law. The City agrees to reserve the required capacity to serve the Project for the Developer and to maintain such capacity until three (3) years following the Effective Date. The City recognizes and acknowledges that the Developer will rely upon such reservation in proceeding with the Project. 3. Required Public Facilities. In addition to the obligations of the City and the Developer set out in Article 5 of this Agreement, the Public Utilities Department of the City will provide potable water service and sanitary sewer service to the Project. 10 ARTICLE 4. PLANS AND SPECIFICATIONS. 4.01. Plans and Specifications. 1. Responsibility for Preparation of Plans and Specifications. Except as otherwise expressly provided in this Agreement, the Developer shall be solely responsible for and shall pay the cost of preparing, submitting and obtaining approval of the Plans and Specifications for the Project. 2. Use of Oualified Professionals. The Developer shall retain qualified professionals to prepare the Plans and Specifications and shall use reasonable efforts to cause such professionals to prepare the Plans and Specifications. ARTICLE 5. PROJECT DEVELOPMENT. 5.01. Ownership of Project Site. The Developer is the owner of the Project Site after effectuation of the Land Swap and First Street Dedication. 5.02. Project Site. The Project Site consists of the property more particularly described in Exhibit D. 5.03. City's Obligations. 1. Vacations of Rights-of-Way. The City Council has adopted ordinances vacating (a) the First Street Vacation, and (b) the. South Gulfview Vacation, both as described on Exhibit A-2 subject to conditions contained therein. The City shall consider the adoption of an ordinance vacating a small parcel of land along South Gulfview Boulevard, as described in Exhibit C of Exhibit K as Parcel J. The City hereby acknowledges that Developer is relying on the City's vacation as described herein. The Developer acknowledges that the granting of such vacation is discretionary by the City Council. Furthermore, the City hereby acknowledges that some conditions set forth in vacation ordinances shown in Exhibit A-2 have been met. Regarding commencement date specified in such ordinance, City agrees to reconsider such date and consider an amendment to such ordinance to create consistency amongst all project-related deadlines. 2. Road Improvements. Vehicular traffic on Relocated South Gulfview shall be calmed to control speed on that portion of South Gulfview to the north and west of the Project to a design speed of 20 miles per hour. 3. Permits. The City will cooperate and coordinate with the Developer with regard to all permit applications, including those to state agencies, and will facilitate or expedite, to the greatest extent possible, the permit approval process. 4. Cafe Seating. The City understands that the Developer intends to apply for all necessary permits and licenses for outdoor cafd seating in connection with the Project. In that 11 connection, the City shall consider Developer's application pursuant to the provisions of the City's Land Development Regulations. 5. Palm Court Easement. Upon request by Developer, the City shall grant the Developer the ability to construct certain improvements in a portion of city property west of the Property and, in that connection, the City shall grant to the Developer an Easement Agreement as described in Exhibit J, which shall be executed and recorded prior to issuance of building permits. 6. Land Exchange. The City is the owner of that portion of South Gulfview abutting the north boundary of the Developer's Property as more particularly described as "Parcel 1 " in the Contract for Exchange of Real Property attached hereto as Exhibit K. The Developer is the owner of that property abutting the West boundary of Coronado Drive, described as "Parcel 2" in Exhibit K. The City and the Developer agree that said ptoperties have a comparable appraised value for the purposes of § 2.01(d)(5)(iv) of the City Charter. The City and Developer agree to exchange said parcels as provided in Exhibit K and the Council hereby authorizes execution thereof. 7. Timely Completion. The City and the Developer recognize the importance of the timely completion of the proposed Project and of the completion of South Gulfview and Beach Walk Improvements, and time is deemed to be of the essence. The City considers this Agreement as overall authority for the Developer to proceed to obtain all required permits, and agrees to implement a. fast-track review, permitting, and inspection program for the Project 8. Proiect Construction. The City agrees to reasonably cooperate with the Developer regarding 'the staging area necessary for the construction of the Project. The City agrees to the . Developer's use of City property to the west of the Project Site, east of South Gulfview Boulevard, contingent upon the Developer returning such area to its improved condition within 30 days of receipt of certificate of occupancy. 5.04. Obligations of the Developer. 1. Development and Operation of the Proiect. The Project shall be built and operated. in accordance with the requirements set forth in this Agreement. The Resort Hotel which is a component of the Project, shall contain no more than two hundred and fifty (250) Hotel units and no more than two hundred (200) Interval Ownership Units. The Resort Hotel shall conform to the Minimum Quality Standard as provided for in Exhibit C. 2. Responsibility for On-Site Costs. Except as expressly stated otherwise in this Agreement, the Developer shall be responsible for all on-site costs relative to the development of the Project, including, to the extent Developer is obligated to provide them, the cost of construction, operation, and maintenance of the Public Parking Spaces. 3. Second Street. In conjunction with and conditioned upon the Vacation of First Street, the Developer shall construct, at Developer's cost, all the necessary improvements for the Second Street, including pavement, sidewalks and streetscaping. Construction of Second Street shall be completed on or before the issuance of a final certificate of occupancy for the Project described in 12 the Second Amended and Restated Development Agreement for Property in the City of Clearwater between the City and Beachwalk Resort, LLC. A representative cross section reflecting such improvements is attached hereto as Exhibit L. 4. Public Parkins Spaces; Parking Protocol If applicable, the Developer may charge fees-to the public for use of the Public Parking Spaces, on terms and rates which are market-based and commensurate with terms and rates which are in effect for comparable beachfront, covered parking structures in Florida resort areas (the "Parking Fee"). Developer may retain all such fees, subject to taxes and similar impositions generally applicable to such income. Public Parking spaces within the Project shall be no narrower than nine (9) feet and no shorter than eighteen (18) feet, and no two-way aisle shall be less than twenty four (24) feet in width. The Developer shall provide (i) eight (8) Public Parking Spaces, or (ii) may make payment to the City in lieu of providing such spaces of no more than $30,000 per space or $240,000 total. Such payment shall be calculated based on the total cost of City-provided public parking on Clearwater Beach, including but not limited to construction and land costs, but in no way shall exceed agreed upon price. The Developer shall implement the Parking Protocol described on Exhibit 0. which shall be applicable to all parking with in the Project. 5. Dedication of Palm Court easement area. The Palm Court easement area shall be open to the public and operated in accordance with the terms of the Easement Agreement. 6. Developer's Pro Rata Share. The Developer shall be responsible for its Pro Rata Share, less only the transportation impact fee credits which may be credited against the Developer's Pro Rata Share. The Developer's Pro Rata Share shall be determined and paid as follows: The City has completed construction of all of the South Gulfview and Beach Walk Improvements. The Developer has established a letter of credit, trust account or escrow facility for the payment of the Developer's Pro Rata Share (the "Share Payment Facility"). The Share Payment Facility makes provision for the City to be able draw down the Developer's Pro Rata Share in amounts equal to the percentage completion certified by the City Manager of the City multiplied times the Developer's Pro Rata Share. The Developer's Pro Rata Share is the Net Cost of the South Gulfview and Beach Walk Improvements multiplied by a fraction in which the front footage of the Project Site along the South Gulfview and Beach Walk Improvements is the numerator and the total frontage along South Gulfview and Beach Walk Improvements is the denominator (the "Share Formula"). In the event that the Developer's Pro Rata Share is less than anticipated above, to the extent the City has received any payment in excess thereof, the City shall return to the Developer any such excess payment within thirty (30) days of such determination. In the event the Developer's Pro Rata Share exceeds the amounts received in payment thereof as of completion of the South Gulfview and Beach Walk Improvements, the Developer shall pay the City the difference within thirty (30) days of written request from the City. 13 7. 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 operated as a single project, the form of which covenant is attached as Exhibit J. provided however, that nothing shall preclude the Developer from selling the Interval Ownership Units or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation any rights of Developer to incorporate the Destination Resort Density Pool Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. 8. Proiect Obligations. Developer intends to diligently pursue the redevelopment of the Project.Site by pursuing (a) the preparation of Project Plans and Specifications, (b) approvals by governmental authorities necessary for development of the Project, (c) construction of various private improvements on the Project Site and (d) to the extent that a final certificate of occupancy is issued for the Project, the operation of the Project as a unified and integrated project, . The Developer shall take all actions necessary to maintain control of the Project Site from the Commencement Date until the Completion Date. 9. Dedications. As a condition of the issuance of a building permit for the Project, but contingent upon the City effecting the Vacations of Rights-of-Way and the Land Exchange the Developer shall make the Second Street Dedication, the Coronado Dedication and effect the Land Exchange. ARTICLE 6. (INTENTIONALLY OMITTED.] ARTICLE 7. CONSTRUCTION OF THE PROJECT. 7.01 City Not in Privity. The City shall not be deemed to be in privity of contract with any contractor or provider of services with respect to the construction of any part of the Project not constituting all or any part of public improvements. 7.02 Construction Sequencing. The Developer shall construct the Project in a manner and fashion which will reasonably minimize the inconvenience experienced by property owners of Clearwater Beach and the residents of the City directly resulting from the construction ofthe Project. 7.03 Construction Plan. The Developer shall submit to the City a construction management plan. Such plan shall provide for the maintenance of or replacement of public improvements impacted by construction including but not limited to North and South Gulfview, Beach Walk, Coronado, Second Street and all associated green space, landscaping and streetscaping. ARTICLE 8. [INTENTIONALLY OMITTED] 14 ARTICLE 9. REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE DEVELOPER 9.01. Representations and Warranties. The Developer represents and warrants to the City that each of the following statements is currently true and accurate and agrees the City may rely upon each of the following statements: I. To the extent that the Developer is an entity, as opposed to a natural person, the Developer is duly organized and validly existing under the laws of the State of Florida, has-all requisite power and authority to carry on its business as now conducted, to own or hold its properties and to enter into and .perform. its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party, is qualified to do business in the State of Florida, and has consented to service of process upon a designated agent for service of process in the State of Florida. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the Developer, and neither the-exeution and delivery thereof, nor compliance with the terms and provisions thereof or hereof (i) requires the approval and consent of any other person, except such as have been duly obtained or as are specifically noted herein, (ii) contravenes any existing law, judgment., governmental rule, regulation ...or order applicable to or binding on the Developer, (iii) contravenes or results in any breach of, default under or results in the creation of any lien or encumbrance upon any property of the Developer under any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's Articles of Incorporation, Articles of Organization, or any other agreement or instrument to which the Developer is a party or by which the Developer may be bound. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the Developer is or will beta party constitutes, or when entered into will constitute, a legal, valid and binding obligation of the Developer enforceable against the Developer in accordance with the terms thereof, except as such enforceability may be limited by applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 4. There are no pending or, to the knowledge of the Developer, threatened actions or proceedings before any court or administrative agency against the Developer, or against any controlling unit holder, shareholder, officer or employee of the Developer which question the validity of this Agreement or any document contemplated hereunder, or which are likely in any case, or in the aggregate, to materially adversely affect the consummation of the transactions contemplated hereunder or the financial condition of the Developer. 15 5. The Developer has filed or caused to be filed all federal, state, local and foreign tax returns, if any, which were required to be filed by the Developer and has paid, or caused to be paid, all taxes shown to be due and payable on such returns or on any assessments levied against the Developer. 6. All information and other documentation, including that pertaining to the Project or the Developer, delivered by the Developer to the City was, to the best of the Developer's knowledge, on the date of delivery thereof, true and correct. . 7. The principal place of business and principal executive offices of the Developer is in Tampa, Florida. 8. As of the Effective Date, the Developer will have the financial capability to carry out its obligations and responsibilities in connection with the development of the Project as contemplated by this Agreement, meaning that, as of that date, Developer has the financial ability to retain professional services required to obtain the required approvals for and produce documentation required in connection with the Project and has the ability to seek financing for the construction of the Project. 9. The Developer has the experience, expertise; and capability to develop, cause the .construction, and complete the Project and. oversee and manage the design, planning, construction, completion and opening for business of the Project, meaning that, to the extent that the Developer does not hold the professional licenses or possess the expertise required to execute any single aspect .of the Project, such as, without limitation, a general contractor's license, the Developer bas the expertise to retain and supervise such persons as are required to develop the Project. 9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination Date (hereinafter defined) or the Expiration Date: 1. The Developer shall timely perform or cause to be performed all of the obligations contained herein which are the responsibility of the Developer to perform. 2. During each. year that this Agreement and the obligations of the Developer under this Agreement shall be in effect, the Developer shall cause to be executed and to continue to be in effect those instruments, documents, certificates, permits, licenses and approvals and shall cause to occur those events contemplated by this Agreement that are applicable to, and that are the responsibility of, the Developer. 3. The Developer shall assist and cooperate with the City to accomplish the development of the Project by the Developer in accordance with the Plans and Specifications and this Agreement, and will not violate any laws, ordinances, rules, regulations, orders, contracts or agreements that are or will be applicable thereto. 4. Subsequent to the Effective Date, the Developer shall maintain its financial capability to develop, construct and complete the Project and shall promptly notify the City of any event, 16 condition, occurrence, or change in its financial condition which adversely affects, or with the passage of time is likely to adversely'affect, the Developer's financial capability to successfully and completely develop, construct and complete the Project as contemplated hereby. ARTICLE 10. CITY REPRESENTATIONS, WARRANTIES AND COVENANTS. 0.01. Representations and Warranties. The City represents and warrants to the Developer that each of the following statements is currently true and accurate and agrees that the Developer may rely on each of the following statements: 1. The City is a validly existing body corporate and politic of the State of Florida, has all requisite corporate power and authority to carry on its business as now conducted and to perform its obligations hereunder and under each document or instrument contemplated by this Agreement to which it is or will be a party. 2. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party have been duly authorized by all necessary action on the part of, and have been or will be duly executed and delivered by, the City, and neither the execution and delivery thereof, nor compliance with the terms and,. provisions thereof or hereof(i j requires the approval and consent of any other party, except such as have been duly obtained or as are specifically noted herein., iii) contravenes any existing law, judgment, governmental rule, regulation or order applicable to or :binding on the City, (iii) contravenes or results in any breach of, or defaillt under or, other than as contemplated by this Agreement, results in the creation of any lien or encumbrance upon any property of the City under any indenture, mortgage, deed of trust, bank loan or credit agreemeni, applicable ordinances, resolutions or, on the date of this Agreement, any other agreement or instrument to which the City is a party, specifically including any covenants of any bonds, notes, or other forms of indebtedness of the City outstanding on the Effective Dare. 3. This Agreement and, to the extent such documents presently exist in a form accepted by the City and the Developer, each document contemplated or required by this Agreement to which the City is or will be a party constitute, or when entered into will constitute, legal, valid and binding obligations of the City enforceable against the City in accordance with the terms thereof, except as such enforceabilitymaybe limited by public policy or applicable bankruptcy, insolvency or similar laws from time to time in effect which affect creditors' rights generally and subject to usual equitable principles in the event that equitable remedies are involved. 10.02.Covenants. The City covenants with the Developer that until the earlier of the Termination Date or the Expiration Date: I. The City shall timely perform, or cause to be performed, all of the obligations contained herein which are the responsibility of the City to perform. 2. During each year that this Agreement and the obligations of the City under this Agreement shall be in effect, the City shall cause to be executed and to continue to be in effect those 17 instruments; documents; certificates, permits, licenses and approvals, and shall cause to occur those events contemplated by this Agreement that are applicable to and are the responsibility of the City. 3. The City shall assist and cooperate with the Developer to accomplish the development of the Project in accordance with this Agreement and the Plans and Specifications, will carry out its duties and responsibilities contemplated by this Agreement, and will not violate any. laws, ordinances, rules, regulations, orders, contracts, or agreements that are or will be applicable thereto, and, to the extent permitted by law, the City will not enact or adopt or urge or encourage the adoption of any ordinances, resolutions, rules regulations or orders or approve or enter into any contracts or agreements, including issuing any bonds, notes, or other forms of indebtedness, that will result in any provision of this Agreement to be in violation thereof. 4. Except for the demolition of existing structures on the Project Site and the removal of objects from the Project Site as contemplated by this Agreement, the City shall not permit, commit, or suffer any waste or impairment to the Project Site, nor shall the City request or recommend any rezoning of the Project Site, or any part thereof, which will prevent or adversely affect the development of the Project. ARTICLE 11. DEFAULT; TERNUNATION. 11.01. Project Default by the Developer. 1. There shall be an "event of default" by the Developer pertaining to the entire Project if the Developer shall fail to substantially perform or comply with any material provision of this Agreement applicable to it within the time prescribed therefor. 2. a. If an event of default by the Developer described in subparagraph (1) above shall occur, the City shall provide written notice thereof to the Developer, and, if such event of default shall not be cured by the Developer within thirty (30) days after receipt of the written notice from the City specifying in reasonable detail the event of default by the Developer, or if such event of default is of such nature that it cannot be completely cured within such time period, then if the Developer shall not have commenced to cure such default within such thirty (30) day period and shall not have diligently prosecuted such cure to completion within such reasonable longer period of time as may be necessary (provided, however, if the Developer is proceeding diligently and in good faith, the curative period shall be extended for a period ofnot exceeding six (6) months without any approval or consent of the City being required, but such approval will be required if the curative period is to be extended beyond six (6) months after the notice of default has been given by the City to the Developer, and such extended curative period may be ended by the City electing to do so upon any Project lender finding the Developer to be in default of any Project financing and the curative period therefor has expired without such event of default being cured) then, in addition to any remedy available herein, the City may terminate this Agreement or pursue any and all legal or equitable remedies to which the City is entitled, provided, however, if the Developer shall fail to cure such event of default within said thirty (30) day or longer period or ceases to proceed diligently to timely cure such event of default, then the City may proceed to enforce other available remedies without providing any additional notice to the Developer. 18 b. Any attempt by the City to pursue any of the above referenced remedies will not be deemed an exclusive election of remedy or waiver of the City's right to pursue any other remedy to which either may be entitled. C. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event. of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 3. Notwithstanding any provision of this paragraph, a default by the Developer shall not affect the title of any timeshare unit or common area conveyed by the Developer to an unrelated third party or to a timeshare association which is not controlled by the Developer. 11.02. Default by the City. 1 There shall be an "event of default" by the City under this Agreement in the event the City shall fail to substantially perform or comply with any material provision of this Agreement applicable to it. 2. a. If an event of default by the City described in 11.02(1) shall occur, the Developer shall provide written notice thereof to the City, and, after expiration of any applicable curative period equivalent to that described in Paragraph 11.01(2)(a) above, Developer may terminate this Agreement, institute an action to compel specific performance of the terms hereof by the City or pursue any and all legal or equitable remedies to which the Developer is entitled. b. Any attempt by the Developer to pursue any of the above referenced remedies will not be.deemed an exclusive election of remedy or waiver of the Developer's right to pursue any other remedy to which it might be entitled. C. Any time periods or deadlines provided in this Agreement shall be tolled or extended by the amount of time to cure any event of default hereunder if such event affects the Developer's or City's ability to perform by such deadline or the expiration of such period. 11.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the contrary, the specified rights and remedies to which either the City or the Developer are entitled under this Agreement are not exclusive and are intended to be in addition to any other remedies or means of redress to which the City or the Developer may lawfully be entitled and are not specifically prohibited by this Agreement. The suspension of, or delay in, the performance of its obligations by the Developer while the City shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default." The suspension of, or delay in, the performance of the obligations by the City while the Developer shall at such time be in default of its obligations hereunder shall not be deemed to be an "event of default" by the City. 11.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure of the City or the Developer to promptly or continually insist upon strict performance of any term, covenant, 19 condition or provision of this Agreement, or any exhibit hereto, or any other agreement, instrument or document of whatever form or nature contemplated hereby shall not be deemed a waiver of any right or remedy that the City or the Developer may have, and shall not be deemed a waiver of a subsequent default or nonperformance of such term, covenant, condition or provision. 11.05. Termination Certificate. 1. In the event of a termination of this Agreement for any reason prior to the Expiration Date, each of the parties hereto do covenant and agree. with each other to promptly execute a certificate prepared by the party electing to terminate this Agreement, which certificate shall expressly state that this Agreement has been terminated in accordance with its terms, is no longer of any force and effect except for those provisions hereof which expressly survive termination, that the rights, benefits, duties and obligations of the parties hereto have been terminated and released . (subject to those surviving provisions hereof) and that the Project Site is no longer entitled to the benefits and rights granted in this Agreement and is no longer subject to any restrictions, limitations or encumbrances imposed by this Agreement. Such certificate shall also state the date as of which such termination is effective (the "Termination Date"). Notwithstanding anything to the contrary in this Agreement, neither party shall have the right to require the other party to agree to a termination of this Agreement. 2. The certificate described in subparagraph (1) shall be prepared in a form suitable for :recording and promptly after execution by all of the parties hereto shall be recorded in the public records of Pinellas County, Florida. ARTICLE 12. RIGHT" TO CONTEST. 12.01. Right to Contest. The Developer may, at its sole discretion and expense, after prior written notice to the City, contest by appropriate action or proceeding, conducted in good faith and with due diligence, the amount or validity or application, in whole or in part, of any lien, any payment of any taxes, assessments, impact fees or other public charges of a similar nature that may from time to time be levied upon or assessed by any appropriate governmental authority against the Developer., the Project (or any part thereof), the Project Site, furniture, fixtures, equipment or other personal property thereon, and the revenues generated from the use or operation of any or all of the above, any other payment specifically identified in this Agreement, or compliance with any law, rule, regulation, or other such legal requirement. Notwithstanding the foregoing, the Developer may not contest impact fees or other public charges of a similar nature levied by the City after such fees have been paid by the Developer and received by the City. ARTICLE 13. ARBITRATION. 13.01. Agreement to Arbitrate. Only as specifically provided in this Agreement and only if any judicial or administrative action or proceeding has not been commenced with regard to the same matter and, if so, the party hereto commencing such action has not dismissed it, any disagreement or dispute between the parties may be arbitrated in the manner set forth in this Article 14. All parties hereby agree such arbitration, once commenced, shall be the exclusive procedure for resolving such 20 disagreement or dispute and agree to be bound by the result of any such arbitration proceeding unless all parties mutually agree to terminate such proceeding prior to decision. If any arbitration proceeding under this part adversely affects the performance of any party hereunder, then any time periods provided herein for such performance by that party shall be tolled during the pendency of the arbitration proceeding affecting such performance. 13.02. Appointment of Arbitrators. 1. a. Unless accelerated arbitration as provided in Paragraph 14.08 hereof is invoked, any party invoking arbitration herewith shall, within five (5) days after giving notice of impasse in the dispute resolution process or upon the expiration of the time period for such arbitration to be invoked, give written notice to that effect to the other party, and shall in such notice appoint a disinterested person who is on the list of arbitrators having at least ten (10) years of experience in litigating complex civil disputes maintained by the American Arbitration Association ("qualified arbitrator") or a disinterested person not on such list to whom an objection is not made by any other party hereto within five (5) days of receipt of the notice of such appointment as the arbitrator or, if more than one (1) arbitrator is to be appointed, as one of the arbitrators. b. Within ten (10) days after receipt of the notice described in subparagraph (1), the other party shall by written notice to the original party acknowledge that arbitration has been invoked as permitted by this Agreement, and shall either accept and approve the appointment of such individual set forth. in the original notice as a sole arbitrator or shall appoint one (1) disinterested person per party of recognized. competence in such field as an arbitrator. 2. a. If two (2) arbitrators are appointed pursuant to subparagraphs (a). and (b) above, the arbitrators thus appointed shall appoint a third disinterested person who is on the list of qualified arbitrators maintained by the American Arbitration Association, and such three (?) arbitrators shall as. promptly as possible determine such matter. b. If the second arbitrator shall not have been appointed as provided in subparagraphs (a) and (b), the first arbitrator shall, after ten (10) days notice to the parties, proceed to determine such matter. C. If the two (2) arbitrators appointed by the parties pursuant to subparagraphs (a) and (b) shall be unable to agree within fifteen (15) days after the appointment of the second arbitrator upon the appointment of a third arbitrator, they shall give written notice of such failure to agree to the parties, and, if the parties then fail to agree upon the selection of such third arbitrator within fifteen (15) days thereafter, then within ten (10) days thereafter each of the parties upon written notice to the other parties hereto may request the appointment of a third arbitrator by the office in or for the State of Florida (or if more than one office, the office located closest to the City) of the American Arbitration Association (or any successor organization thereto), or, in its absence, refusal, failure or inability to act, request such appointment of such arbitrator by the United States District Court for the Middle District of Florida (which request shall be filed in the division of that court responsible for the geographic area including the City), or as otherwise provided in Chapter 682, F. S., known and referred to as the Florida Arbitration Act, as amended. 21 13.03. General Procedures In any arbitration proceeding under this part, the parties shall each be fully entitled to present evidence and argument to the sole arbitrator or panel of arbitrators. The arbitrator or panel of arbitrators shall only interpret and apply the terms of this Agreement and may not change any such terms, or deprive any party to this Agreement of any right or remedy expressed or implied in this Agreement, or award any damages or other compensation to any party hereto. The arbitration proceedings shall follow the Commercial Arbitration Rules and procedures of the American Arbitration Association (or any successor organization thereto), unless specifically modified by this Agreement, or as then agreed to by the parties hereto. 13.04. Majority Rule. in any arbitration proceeding under this part, the determination of the majority of the panel of arbitrators, or of the sole arbitrator if only one (1) arbitrator is used, shall be conclusive upon the parties and judgment upon the same may be entered in any court having jurisdiction thereof. The arbitrator or panel of arbitrators shall give written notice to the parties stating his or their determination and specific findings which form the. basis therefor within thirty (30) days after the conclusion of the hearing or final submission of all evidence or argument. 13.05. Replacement of Arbitrator. hi the event of the failure, refusal or inability of any arbitrator to :serve as such, promptly upon such determination being made by the affected arbitrator, the affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the parties hereto, and then a new arbitrator shall be promptly appointed as a replacement, which appointment shall.be made by -le.party or the arbitrators who appointed tl&.e affected arbitrator in the same manner .:as provided for in the original appointment of the affected arbitrator in Paragraph 14.02 hereof. 13.06. Decision of Arbitrators. 1. If any decision reached by arbitration as provided in this part requires performance by the Developer, the Developer covenants and agrees to comply with any decision of the arbitrator(s) promptly after the date of receipt by the Developer of such decision, and to continue such performance to completion with due diligence and in good faith. 2. If any such decision requires performance by the City, the City covenants and agrees to comply promptly with any decision reached by arbitrators promptly after the date of receipt by the City of such decision, and to continue such performance to completion with due diligence and in good faith. 3. Nothing in this part, nor in any arbitration decision rendered under this part, shall be construed to require any payment by the City to the Developer not otherwise provided for herein 13.07. Expense of Arbitration. The expenses of any arbitration proceeding pursuant to this part shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this Paragraph 13.07, "expenses" shall include the fees and expenses of the arbitrators and the American Arbitration Association with respect to such proceeding, but shall not include attorneys' fees or expert witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent) 22 agreed to by the parties to such proceeding, which in the absence of such Agreement shall be the responsibility of the party incurring such fees or costs. 13.08. Accelerated Arbitration. 1. a. If either of the parties to any arbitration proceeding under this part determines the matter for arbitration should be decided on an expedited basis, then after an initial election to invoke arbitration pursuant to Paragraph 13.02 hereof has been made, either party to such proceeding may invoke accelerated arbitration by giving notice thereof to the other party no later than three (3) days after arbitration has been initially invoked and the other party does not object within three (3) days thereafter. b. Accelerated arbitration, for purposes of this Paragraph 13.08, shall be accomplished by either party notifying the American Arbitration Association (or any successor organization thereto) that the parties have agreed to have a single qualified arbitrator be appointed by the American Arbitration Association (or any successor organization thereto) with the consent of the parties to such proceeding within three (3) days after receipt of the request and to decide such matter within five (5) days after such appointment. C. If an arbitrator is not so appointed with consent of the parties to the proceeding within three (3) days after the notice referred to in subparagraph (2) is received by the American Arbitration Association, the accelerated proceeding under this Paragraph 13.08 shall , terminate and the procedures otherwise set forth in this Article 13 shall apply, unless the parties mutually agree to an extension of such time period. 2. The Developer and the City hereby agree to use such accelerated procedure only when reasonably necessary, to not contest the appointment of the arbitrator or his or her decision except as may be permitted by law, and that all other provisions of this part, except as are in conflict with this Paragraph 14.08, remain in effect and applicable to an accelerated arbitration proceeding. 13.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as amended, known and referred to as the Florida Arbitration Code. 13.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be considered a meeting subject to Section 286.011, F. S., and shall be open to any member of the public. Unless otherwise rendered confidential pursuant to or by the operation of any applicable law or order (other than an order by a sale arbitrator or a panel of arbitrators acting under this part), the record of such proceedings shall be a public record under Chapter 119, F. S. 23 ARTICLE 14. UNAVOIDABLE DELAY. 14.01. Unavoidable Delay. 1. Any delay in performance of or inability to perform any obligation under this Agreement (other than an obligation to pay money) due to any event or condition described in subparagraph (2) as an event of "Unavoidable Delay" shall be excused in the manner provided in this Paragraph 14.01. 2. "Unavoidable Delay" means any of the following events or conditions or any combination thereof: acts of God, litigation which has the effect ofprecluding reasonable satisfaction of the obligations of this Agreement, acts of a public enemy, riot, insurrection, war, pestilence, archaeological excavations required by law, unavailability of materials after timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire, lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and excessively inclement weather (as indicated by the records of the local weather bureau for a five-year period preceding the Effective Date), strikes or labor disturbances, delays due to proceedings under Chapters 73 and 74, F. S., restoration in connection with any of the foregoing or any other cause beyond the reasonable control of the party performing the obligation in question, including, without limitation, such causes as may arise from the act of the other party to this Agreement, or acts of any governmental authority (except that acts of the City shall not constitute an Unavoidable Delay with respect to performance by the City). 3. An application by any party hereto (referred to in this subparagraph (3) and in subparagraph (4) as the "Applicant") for an extension of time pursuant to this subparagraph must be in writing, must set forth in detail the reasons and causes of delay, and must be filed with the other party to this Agreement within seven (7) days following the occurrence of the event or condition causing the Unavoidable. Delay or seven (7) days following the Applicant becoming aware (or with the exercise of reasonable diligence should have become aware) of such occurrence. 4. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only for the number of days of delay due solely to the occurrence of the event or condition causing such Unavoidable Delay and only to the extent that any such occurrence actually delays that party from proceeding with its rights, duties and obligations under this Agreement affected by such occurrence. ARTICLE 15. RESTRICTIONS ON USE. 15.01. Restrictions on Use of Project Site. Prior to the earlier of the Termination Date or the Expiration Date, no use of the Project, other than as described in Paragraph 2.03, shall be permitted, other than the operation or modification of improvements existing on the Effective Date until those improvements are demolished, unless and until the Developer or the person, if other than the Developer, intending to so use the Project or Project Site, shall file with the City a request for a release from the restriction imposed by this paragraph. The City Council shall promptly consider such request and either deny the request, approve the request as filed, or approve the request subject to such terms, conditions and limitations as the City may reasonably require in connection with the pursuit of the development described in this Development Agreement. Unless specifically.requested 24 and approved, a release of the restriction imposed by this paragraph shall not release the Developer from any obligations or restrictions imposed by this Agreement or any agreement, instrument or document contemplated hereby. ARTICLE 16. MISCELLANEOUS. 16.01. Assignments. 1. By the Developer. a. Prior to the Commencement Date, the Developer may sell, convey, assign . or otherwise dispose of any or all of its right, title, interest and obligations in and to the . Project, or any part thereof, only with the prior written consent of the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. b. If the assignee of the Developer's right, title,. interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. C. An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Section 18.01, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. d. No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to 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. e. Notwith9tanding 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. 25 16.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. 16.03. Notices. 1. All notices, demands, requests for approvals or other communications given by either party to another shall be in writing, and shall be sent by registered or certified mail, postage prepaid, return receipt requested or by courier service, or by hand delivery to the office for each party indicated below and addressed as follows: To the Developer: K & P Clearwater Estate, LLC Attn: Dr. Kiran C. Patel 5600 Mariner, Suite 200 Tampa, FL 33609 with copies to: ! B.D. Armstrong IR, Esquire 911 Chestnut Street Clearwater, FL 33767 To the City: City of Clearwater 112 S. Osceola Avenue Clearwater, FL 33756 Attn: City ;Manager with copies to: Pamela K. Akin, Esquire Clearwater City Attorney 112 S. Osceola Avenue, 3rd Floor Clearwater, FL 33756 2. Notices given by courier service or by hand delivery shall be deemed received upon delivery, and notices given by mail shall be deemed received on the third (3rd) business day after mailing. Refusal or failure by any person to accept delivery of any notice delivered to the office at the address indicated above (or as it may be changed) shall be deemed to have been an effective delivery as provided in this Paragraph 16.03. The addresses to which notices are to be sent may be changed from time to time by written notice delivered to the other parties. Until notice of change of address is received as to any particular party hereto, all other parties may rely upon the last address given. 16.04. Applicable Law and Construction. The laws of the State of Florida shall govern the validity, performance and enforcement of this Agreement. This Agreement has been negotiated by the City and the Developer and the Agreement, including, without limitation, the exhibits, shall not be deemed to have been prepared by the City or the Developer, but by both equally. 26 16.05. Venue; Submission to Jurisdiction. 1. For purposes of any suit action, or other proceeding arising out of or relating to this Agreement, the parties hereto acknowledge, consent to, and agree that venue thereof is Pinellas County, Florida. 2. Each party to this Agreement hereby submits to the jurisdiction of the State of Florida, Pinellas County and any federal courts having jurisdiction, for the purposes of any suit, action, or other proceeding arising out of or relating to this Agreement and hereby agrees not to assert by way of a motion as a defense or otherwise that such action is brought in an. inconvenient forum or that the venue of such action is improper or that the subject matter thereof may not be enforced in or by such courts.. 3. If at any time during the term of this Agreement the Developer (or any of*its permitted successors and assigns) is not a resident of Florida and , to the extent required by law, does not register with the State of Florida the identity and location within the State of its registered agent for purposes of service of process and, otherwise has no officer, employee or other agent available for service of process within the State of Florida, the Developer hereby designates the Secretary of State, State ofFlorida, its agent for the service of process in any court action between it and the City arising out of or relating to this.Agreement, and such service shall be made as provided by the laws of the State of Florida for service upon a non-resident; provided, however, that at the time of service on the Florida Secretary of State, a copy of such service shall be delivered to the Developer at the address for notices as provided in Paragraph 16.03. .16.06. Estoppel Certificates. The City shall at any time and from time to time, upon not Jess than ten (10) days prior notice by Developer, execute, acknowledge and deliver 'co the Developer and other persons reasonably designated by Developer a statement in recordable form certifying, to the extent true, that this Agreement has not been modified and is in full force and effect (or, ifthere have been modifications, that the said Agreement, as modified, is in full force and effect and setting forth a notation of such modifications), and that, to the knowledge of the City, neither it nor Developer is then in default hereof (or if either party is then in default hereof, stating the nature and details of such default), it being intended that any such statement delivered pursuant to this Paragraph 16.06 maybe relied upon by any prospective purchaser, mortgagee, lender, successor, assignee of any mortgage or assignee of the respective interest in the Developer or the Project, if any, of any party made in accordance with the provisions of this Agreement. 16.07. Complete Agreement; Amendments. 1. This Agreement, and all the terms and provisions contained herein, including, without limitation, the exhibits hereto, constitute the full and complete agreement between the parties hereto to the date hereof, and supersedes and controls over any and all prior agreements, understandings, representations, correspondence and statements, whether written or oral. 2. Any provision of this Agreement shall be read and applied in pan materia with all other provisions hereof. 27 3. This Agreement cannot be changed or revised except by written amendment signed by all parties hereto. 16.08. Captions. The article and paragraph headings and captions of this Agreement and the table of contents preceding this Agreement are for convenience and reference only and in no way define, limit, describe the scope or intent of this Agreement or any part thereof, or in any way affect this Agreement or construe any article, paragraph, subparagraph, or provision hereof. 1.6.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the terms of this Agreement is to be made or given on a Saturday or Sunday or on a legal holiday observed in the City, it shall be postponed to the next following business day. 16.10. Exhibits. Each exhibit referred to and attached to this Agreement is an essential part of this Agreement. The exhibits and any amendments or revisions thereto, even if not physically attached hereto shall be treated as if they are part of this Agreement. 16.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no real estate broker or other person is entitled to claim or to be paid a commission as a result of the execution and delivery of this Agreement, including any of the exhibits. 16.12. Not Agents. Dining the term of this Agreement, neither party hereunder is ar, agent of the other party with respect to any and all services to be performed by such other party (and any of its agents, assigns, or successors) with respect to or in connection with the Project. 16.13. Recording of Development Agreement. Pursuant to §163.3239, Florida Statutes (2004), the City shall record this Agreement in the public records of Pinellas County, Florida, within fourteen (14) days after City Council approval of this Agreement. The Developer shall pay the cost of such recording. A copy of the recorded development agreement shall be submitted to the state land planning agency within fourteen (14) days after the agreement is recorded. 16.14 Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fulfills and is pursuant to and for a public purpose and municipal purpose and is in the public interest, and is a proper exercise of the City's power and authoiity. 16.15. No General Obligation. In no event shall any obligation of the City under this Agreement be or constitute a general obligation or indebtedness of the City, or a pledge of the ad valorem taxing power of the City within the meaning of the Constitution of the State of Florida or any other applicable laws, but shall be payable solely from legally available revenues and funds. Neither the Developer nor any other party under or beneficiary of this Agreement shall ever have the right to compel the exercise of the ad valorem taxing power of the City or any other governmental entity or taxation in any form on any real or personal property to pay the City's obligations or undertakings hereunder. 28 16.16. Other Requirements of State Law. Nothing in this Agreement shall be deemed to relieve either party from full compliance with any provision of State law which is applicable to any of the obligations or under takings provided for in this Agreement. In the event that this Agreement omits an obligation to comply with any provision of State law in regard to any of the obligations or undertakings provided for in this Agreement, it is the intention of the parties that such applicable State law shall be deemed incorporated into this Agreement and made apart thereof. In the event that there is any conflict between the provisions of this Agreement and applicable State law, it is the intention of the parties that the Agreement shall be construed to incorporate such provisions of State law and that such provisions shall control. 16.17. Technical Amendments. In the event that due to minor inaccuracies contained herein or any exhibit attached hereto or any other agreement contemplated hereby, or due to changes resulting from technical matters arising during the term of this Agreement, the parties agree that amendments to this Agreement required due to such inaccuracies, unforeseen events or circumstances which do not change the substance of this Agreement may be made and incorporated herein. The City Manager is authorized to approve such technical amendments on behalf of the City and is authorized to execute any required instruments, to make and incorporate such amendment to this Agreement or any exhibit attached hereto or any other agreement contemplated hereby. 16.18. Term; Expiration; Certificate. 1. If not earlier terminated, this Agreement shalt expire and no longer be of any force. and. effect on the 10th anniversary of the Effective Date (the "Expiration Date"). 2. Upon completion of the term of this Agreement, all parties hereto shall execute an Agreement Expiration Certificate. "The Agreement Expiration Certificate shall constitute (and it shall be so provided in the certificate) a conclusive determination of satisfactory completion of all obligations hereunder and the expiration of this Agreement. 3. In the event of any dispute as to whether any party is required to execute the Agreement Expiration Certificate, the dispute shall be resolved by arbitration as provided in Article 13. 4. The Agreement Expiration Certificate shall be in such form as will enable it to be recorded in the public records of Pinellas County, Florida. Following execution by all of the parties hereto, the Agreement Expiration Certificate shall promptly be recorded by the Developer in the public records of Pinellas County, Florida and the Developer shall pay the cost of such recording. 16.19. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their respective intent as of the Effective Date and do covenant and agree in the future that all approvals, consents, and reviews will be undertaken and completed as expeditiously as possible, in good faith, and will not be arbitrarily or unreasonably withheld or delayed, unless otherwise expressly authorized by the terms of this Agreement. 29 16.20. Effective Date. As provided by §163.3239, Florida Statutes (2008), this agreement will become effective after being recorded in the public records in the county and 30 days after having been received by the state land planning agency. [Signature page follows] 30 IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals below. Attest: 16ol Ci Clerk A.Dnrovad as to form. ` Pamela X. Akin City Attorney State of Florida County of Pinellas ) The City Florida of Clearwater, Florida v The foregoing instrument was acknowledged before me this da ?T 2008, by_MaY (Land-4yc.,-f Q 4 _ . ,,'Mayor and City Clerk,.respectively, for the City of Clearwater; Florida, on behalf of the City. By - Signature of Notary Public ,.?•' "~dt, Karen B. Vaughan % =•! Commission # DD500919 ?.. Expires December 20,20M '# . ' Ve nq Fam morma6 w sm"0010 My Commission Expires: Printed, typed or stamp 31 Witnesses: K & P CLEARWATER ESTATE, LLC, a Florida limited liability company By: K & P Partners Limited Partnership, a Florida limited Partnership, Manager By Roby A. Moehring E.- 66-ars ?ay State of Florida County of Pinellas K & P Holding. L.C., a Florida limited liability company, General Parxner D The foregoing instrument was acknowledged before me this lgfu day of November _ ..?008. by Kiran C. Patel, Managing Member of K & P Holding, L.C., a Florida. limited liability company. General Partner of K & P Partners Limited Partnership, a Florida limited partnership. Manager of K & P CLEARWATER ESTATE, LLC, a Florida limited liability company, on behalf of the corporation, who is personally known to me By: f . ?SiVaturee of Notary Public ""a% My Commission Expires: ; Q1?.•..?; Jayne E. Sears Printed, typed or stamp Commission # DD449633 Expires September 2, 2009 '? ? OeneNney?«,.mwrrr..Ine eaousiu?s 11/14%2008 9:36 AM 49313.115456 #463651 v2 - TRG/Patel Development Agreement.final 32 EXHIBIT A DEVELOPER'S PROPERTY Parcel I: Lot 1, Block "A", COLUMBIA SUBDIVISION, according to plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of Gulf View Boulevard adjacent to said Lot 1, and the vacated westerly 1 foot of Coronado Drive adjacent to said Lot 1, said vacated portions being shown by Resolution filed November 27, 1959, in O.R. Book 757, Page 40, Public Records of Pinellas County, Florida, and also Lots 44, 45, 46, 47, 90, 91, 92, 93, 94, 95, 96 and 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, according to plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida, together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93. Parcel II: Lots 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida. Parcel III: Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot 103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida. Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida. EXHIBIT A-1 First Street Dedication. If :',2006158424 MC: 15085'•>1G: 2109, 04/2812006 at'11:04 AM, RBCORD11M 1 PAGE8 $10.00 :D DOC STAMP COLLECTION $3500.00 KEN BMUM, CLERK OF COURT PnaLT.A9 COONTZ, FL BY Osvt f CLERK: CLR8P18 i Docurn6t Ptlphred by & rat urn to KENNETH 0. ARSENAULT. JR. TII4.E AGENCY OF "FLORIDA. INC.. , :. 1=5 Uh wrWRd. Suite 2 .Largo.FL 33771 Parcel 8 File 406.066 WARRANTY DEED THIS IND Lh-or 0 day of Mach 2006 between K & P CLEARWATER ESTATE, LLC, Florida limited liability er a9ed•the Grantor to THE QTY OF CLEARWATSR, FLORIDA; . s :Florida municipal celled the Granter lyvbng the principal address of: ?VFTNE35EI FI fand is eanideradan of doe son d Ten Deltas 4f1(00); and otter good and refuable cmuideretlota. • .'961pt and a dficien y of which Is hereby w4mtwledged, by tome prmana do great. bargain. -A alien. =re rebw ,convey and corftm tmto the Grantees, it that attain parcel of land lying aid being In the County of as foUowe: Pinellas, Stays(FF more partlcubrly described The -2b)l feet of Lot 55: T'OGE'THER WITH Lots 56 and 103 LESS The southerly 20.0 feet thereof TOG WITH.&e southi rly 30A feet of Lot 102, LLOYIxw,9KROM SUBDTVLSION. as neennded in Plat Book 33.. 12, public records of Plnellai Caunty. Florida. ?'! O TAXES FOR THE YEAR 2016 AND SUBSEQUENT YEARS TO RF 71CTIONS AND EASEMENTS OF RECORD. TO HAVE AND TO HOLD the same in fee *Mle forayer. and the Grantor hereby covenants with oid.Grw tce that it Is lawfully aei:ed of said land in foe simple; that it has good right aWd lawful authority to adl'and army aaW land; that It beteby rally warrants the title to avid land and will defend the same against the lawful dahns of alt persons wlwmxww. and that said lard is free of all auximbranc- IN WITNESS WHEREOF, Grantors have hercu nto at Grantors' halls and scab the day and year flat above written. - SIGNED SEALED AND DELIVERED IN OUR PRESENCE: K & P.- CLEARWATER ESTATE. LLC A Florida•lhofted'liabidlty company By: K & P Partners Limited Paranerahip, " Wi' 1R1: a Florida limited partnership As IN Managing Meraber By: K & P HOLDING, L.C., A Florida Ibsited liability company nosple >a Witness *2:--Mr,1'*4Sa A- M-,-% By' K..PATEL. Manager STATE OF Fl 0 IpA COUNTY OF The forepolrg' instrument wag acknowledged before me this iAy of 2008, byKIRAN C. PATH. and PAL LAVI K PATH., as Manages of K &•P-HOLDING, LC, a Fonda Imited company, as the sole General Partner of K & P PARTNERS UMITED PARI•NERSHIP, a Florida Limited Partrietship as Mana ft Member of K & P C LEARWATER ESTATE, Li. C, a Florida Irmgtld labMy company parsonapy tmortiti Florida Ddvahi License NotwylhAft n _ Other Idettdkollon Produced lKN/7 G? " Print or type nenw of Notary (SEAL) l amtllarr YrOMN"# tem w= ' . ra?sa?rer?n?ianirresat ' r SKETCH of DESCRIPTION SHEET 1 OF 2 94MM - PARCEL E THE SOUTHERLY 20.0 FEET OF LOT 55: TOGETHER WITH LOTS 56 AND 103 LESS THE SOUTHERLY 20.0 FEET THEREOF. TOGETHER WITH THE SOUTHERLY 30.0 FEET OF LOT 102, LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINS: 12,600 SQUARE FEET (0.2893 ACRES). MORE OR LESS. LEGEND NDiES: 1. NO D6TR111 M OF RECORD FEREMM EMB. M5, RIGHT OF W AND/OR OWNETSHIP WIX FURtI O 70 THIS SURVEYOR DWT AS SHOWN. 2 THIS 90M DOES NOT REFLECT OR DEiF7UM OWM3MP PL ? a 97I&W pa tiiWYmoN Fm . & USE OF 1HS 90MH BP ANYONE OM IM THEE PREPARED FOR W0.1 BE THE RE-tMFIS SOLE MW WI W LN UY TO 7HE SURVEYOR. La or OESC?DOR UfOn1g1O11 4. 7HE SIMTCH WAS PREPARED WITHOUT THE BENEFR OF A CURRENT WU CDMWnENT POO POUT OF BH?Wla AND S SUB ETT TO FAST IEliTS? RIpiIS-OF-WAY AND mm W1TER5 OF MM F+FilPARED FOFia DRAWING/ PARCEL-E ProjeeH No. 8021 The Relded CHr? DATE 4/28/08 C7nekM By JAC Fleld Book D-- By IAC Pages SURVEYORS CFR MALE SUNCOAM LAND SUR9EMC. Ina. I ?••", e•di +d e. su?v s p? ?... P.A.a.a .., RsPareaa avam " on ?,rW +?? .+ ?b IM v = mom m?owms .e bl& by 111 FOREST LAKES BOULEVARD m. mm ow OP PROFH5"K I= soom b -0- IMM7-4 Rmm OI.DS%E4k FLA. 31677 AC omwow mm F?d b slow mw. ROCA SOIT111At 1101 wD wHaff pE AID IM aamlt ?. OF A FlOI?I u? OoUILDIIRY - =VWAPIR - CD q1 S1NO?IR =M" AID 11OPBf LB 4513 mm PM W"a FAX (" ffis-eB,o Iff A. CWaANO, PLS Na327D SKETCH of DESCRIPTION SHEET 2 OF 2 SHEETS i^ 1 LOT 100 I P s LOT 64 I THE LLOYD-WHITE-S4NNER SUBDIVISION _ -I Ix ? - FIAT BOOK 13 P 12-13 I SCALE : 1' = 30' L1! LOT 101 ? A I bb 15' 30' I? W LOT ba II 0 € I L___ I I W + iSoutherly 20' Lot 55) I 1 0 b LOT 102 2 Southerly 30' Lot 102 a 0 LOT ae - ?, PER O.R. BOOK p50a5 PAGE 2169 I LOT 103 I I 53 I LESS. _ THE SOUTHERLyI 120.00 _ 11'o'Pj FEET THEREOF I I LOT 57 100'(p? - _ ` LOT 104 I *_ I SUNCOAST LAND SURVEYING. EXHIBIT A-2 VACATIONS OF RIGHTS OF WAY Ordinances passed 2008 I#: 2008111902 EX: 16229 PG: 1974, 04/24/2008 at 09:42 AM, RECORDING 4 PAGES $35.50 KEN BURKE-, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: CLKDM03 FMTBIT "A--2" AN ORDI OF THE CITY OF CLEARWATER, FLORIDA, DING ORDINANCE NO. 7372-05, WHICH VACATED A-PORTION OF THE EASTERLY ONE-HALF OF THE OOT RIGHT-OF-WAY OF GULFVIEW I BOU (AKA SOUTH GULFVIEW BOULEVARD P 'D), SUBJECT TO SPECIAL CONDITIONS; G THE REQUIRED DATE FOR CEMENT OF VERTICAL CONSTRUCTION; ING AN EFFECTIVE DATE. ?, in Ordinance No. 7372-05, the City of Clearwater vacated the right-of- way dep?? ,1nnMibit A attached hereto, aubjed to certain conditions; and 1EAS, pursuant to the request of K and P Clearwater Estate, LLC, the the City Council finds that it is deemed to be In the best interest of the City ral public to amend the conditions of the vacation; now; therefore, .; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY C?1ti OF CLEARWATER, FLORIDA `..Section 1. The following: A parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded in Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, and being a part of said Gulf View Boulevard, as depicted on the plat of Lloyd-White-Skinner Subdivision, according to plat thereof, as recorded in Plat Book 13, Pages 12 and 13, of the Public Records of Pinellas County, Florida, all lying In the east % of Section 7, Township 29 South, Range 15 east, Pinellas County, Florida, and more fully described In the legal description Exhibit OX attached hereto; Together with a parcel of land being a part of Gulf View Boulevard, as depicted on the plat of Columbia Subdivision, according to the plat thereof, as recorded In Plat Book 23, Page 60, of the Public Records of Pinellas County, Florida, lying In the east % of Section 7, Township 29 South, Range 15 East, and the west % of Section 8, Township 29 South, Range 15 East, Pinellas County, Florida, and more fully described in the legal description Exhibit 'B' attached hereto, are hereby vacated, subject to the following conditions: 1) The project described within the Development Agreement between the City of Clearwater-and K & P Clearwater Estate, LLC ('Development Agreement) shall commence vertical construction no later than March 3, 2010. 2) Developer shaft demolish and remove eAsting structures on the project site by October 31, 2006. 3) All public end private utilities shall be relocated by K & P Clearwater Estate, Ordinance No. 794M PnMLLAS COUNTY FL OFF. REC. BR 16229 PG 1975 LLC at its own and to the approval and acceptance of the utility owners with all ugf service utilities removed prior to the completion of the project '!. 4) The public veit?r and pedestrian use of the subject right of way shall be maintained unf ch time as a suitable paved roadway is constructed to the west of su?b)ect right of way to accommodate two lanes of two way traffic capacity N, j 5) Paymentfi Developer's pro rata share of the Beach Walk Construction as i?d a opment Agreement 6) ce shall be rendered null and void if any of the preceding are not met The City Cleric shall record this ordinance in the public records of Florida, following adoption. This ordinance shall take effect Immediately upon adoption. PISSED ON FIRST READING L PASSED ON SECOND AND FINAL READING AND ADOPTED April 3, 2008 April 17, 2008 V. Hibbard . Mayor Approved as to form: 1) ?A Attest: PINELLAS COUNTY FL OFF. REC. BK 16229 PG 1976 l . EXHIBIT mg ({v ORDINANCE 7947-08 A PARCEL OF 4NO )BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED 0 PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT Tkl Pi F. AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RE ?. OF PINELLAS COUNTY. FLORIDA, AND BEING APART OF SAID EW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD- WHITE ER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECO PLAT BOOK 13, PAGES 12 AND 13, OF THE PUBLIC REC F PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST % OF SEC, N?7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLF?F?JS BEING MORE PARTICULARLY DESCRIBED BELOW: ('SEINING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD- !A"TE-SKINNER SUBDIVISION: THENCE S.05'32'30.'W. ALONG THE EAST B HT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET ;TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE 8.05'32'30W., A A `. ,,'DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.05032'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 160.45 FEET; `THENCE N.84°27'30"W., A DISTANCE OF 34.98 FEET, THENCE N.05'32'30'E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 458.33 FEET; THENCE-S.41 '28'18'E., A DISTANCE OF 16.55 FEET; THENCE S.05'29'40'W., A DISTANCE OF 0.58 FEET; THENCE S.84°3020'E., A DISTANCE OF 6.00 FEET; THENCE N.05'29'40'E., A DISTANCE OF 18.97 FEET- , THENCE CONTINUE N.05029'40'E., A DISTANCE OF 1.03 FEET, THENCE N.41'00'13'W., A DISTANCE OF'17.95 FEET; THENCE N.48'31'37'E., A DISTANCE OF 14.15 FEET, THENCE N.90'0(Y00'E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET A)VD A CHORD BEARING OF S.28'11'29'W.; THENCE S.05'32'30'W. ALONG SAID EAST RIGHT-OF--WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90'00'00'W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING. CONTAINING 16687.11 SQUARE FEET OR 0.38 ACRES, MORE OR LESS. PINELLAS comm.FL OFF. REC. BK 16229 PG 1977 EXHIBIT.'B" ORDINANCE 7947-08 A PARCEL OF LAN BEING A PART OF GULF .VIEW BOULEVARD, AS DEPICTED ON "/P/LAT OF COLUMBIA SUBDMSION, ACCORDING TO HE PLAT THERE ,•Q?S RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC REC VOF PINELLAS COUNTY, FLORIDA, LYING-IN THE EAST 'A OF SECTIO W\ MWNSHIP 29 SOUTH, RANGE 15 EAST; AND THE WEST'/ OF SECTI1 'TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS•COUNTY, FLORIDA4 G MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM"P>gNG AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD - WHI,91.ONNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS R?11 DON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS 0 LLAS COUNTY, FLORIDA; THENCE N.90000'00"E., ALONG THE BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE ,23(°E ALONG.THE EASTERLY RIGHT OF WAY LINE OF AFORESAID F VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF A 1?ftVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-0F. )WA OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A ,RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A CHORD BEARING OF N.2881129"E. TO THE POINT OF BEGINNING; THENCE N90°00'00"W.; A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63052'46'E.; THENCE S.89°54'00'E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING S.45"59'54'E. TO A POINT OF NON-TANGENT CURVE; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-0F=-WAY OF ' AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.88 FEET, AN ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING N77'55'439N.; THENCE N.8954'00'W. ALONG SAID SOUTHERLY RIGHT-0F-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID SOUTHERLY RIGHT-0F-ASY OF AFORESAID GULF VIEW BOULEVARD BEING A CURVE. TO THE CURVE TO THE LEFT HAVING A RADIUS OF.34.00 FEET, AN ARC OF 23.30 FEET, A CHORD OF 2284 FEET AND A CHORD BEARING OF 8.7002T47 W.TO THE POINT OF BEGINNING. CONTAINING 6256.56 SQUARE FEET OR 0.1436 ACRES, MORE OR LESS. I#: 2008111903 EX: 16229 PG: 1978, 04/24/.2008 at 09:42 AM, RECORDING 2 PAGES $18.50 KEN EURKS, CLERK OF COURT PINELLAS COUNTY, FL BY DEPUTY CLERK: MMM03 AN ORDI _E OF THE CITY OF CLEARWATER, FLORIDA, NDING ORDINANCE NO. 7371-05 AS AMENDED Y ORDINANCE NO. 7598-06, WHICH VACAjd?PORTION OF THE 60-FOOT RIGHT-OF-WAY OFF KAVENUE, (AKA FIRST STREET PER FIELD), SUOCC TO SPECIAL CONDITIONS TO AMEND THE SNP .. CONDITIONS; PROVIDING AN EFFECTIVE WHt8; iri Ordinance No. 7371-05, the City of Clearwater vacated the right-of- ?? - way depi efth.&?xhlbit A attached hereto, subject to certain conditions; and kS, Ordinance No. 7371-05 was.amended by Ordinance No. 7598-06 to far commencement. of vertical construction to March 3, 2008; and (` \. VMEREAS, pursuant to the request of K and P Clearwater Estate, LLC, the ?Deve er,' the City Council finds that it is deemed to be in the best interest of the City general public to amend the conditions of the vacation; now, therefore, L' BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. That Section 1 of Ordinance No. 7371-05 Is hereby amended to read as follows: The following: Vacate a portion of the 60-foot right-of-way of First Avenue, (A.KA. First Street per field), the plat of Lloyd-White-Skinner Subdivision as recorded in Plat Book 13, Page 12 of the public records. of Pinellas County, Florida, more particularly described as: From the southwest comer of Lot 55, Lloyd-Whit"kinner Subdivision, as recorded In Plat -Book 13, Page 12 of the Official Records of Pinellas County, Florida, run thence N05'3230"E along the easterly right of way line of Gulf View Boulevard as shown on said plat a distance of 335.00 feet to the Point of Beginning, said point also being the northwest comer of Lot 48 of said Lloyd White Skinner subdivision, thence N05'3210'E 60.00 feet to the southwest comer of Lot 44, Lloyd-White-Skinner Subdivision; thence S84'2T30'E along the northerly right of way One of First Avenue, Lloyd-White-Skinner Subdivision a distance of 192.00 feet; thence S05032'30"IIV along a One 18 feet west of and parallel with the westerly right of way line.of Coronado Avenue as shown on the plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly right of way line of said First Avenue; thence N84°27'30%V,, along said southerly right of way fine a distance of 192.00 feet to the Point of Beginning, subject to the foiiowing conditions: Ordinance No. 7948-08 PnMT.T.AC Cody F, OFF. REC. HK 16229 PG 1979 1)- The project deV#Z_"thin the Development Agreement between the City of Clea end K and P Clearwater Estate, LLC adopted by Resolution and as thereafter amended, (the Development Agreements she commence vertical construction by no later than March 3,24' j 2) ' Deveto?rs?ali demolish and remove e)dsting structures on the project site by,, r 31, 2008. 3) All pMervice kd private utilities shall be relocated -the Developer at its own d to the approval and acceptance of the utility owners with ali, utilities removed prior to the completion of the project, 4) lion shag become effective only after the Developer grants the right of way for Relocated Frst Street to the City as provided In j j.e.,pevelopmentAgreement 6?/} ayment by the Developer of the cost of construction of the relocated First Street or the posting of security sufficient to guarantee construction Hof the relocated First Street as provided in the Development Agreement. 4'This vacation ordinance shall be rendered null and void if any of the preceding conditions arenot met Section 2. The City Clerk shall record this ordinance In the public records of ?P Iles County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. - PASSED ON FIRST READING -PASSED ON SECOND AND FINAL READING AND ADOPTED roved as to form: amela Aidn City Attorney AMRN TO, CITY CLERK 112 & OSHA AVE CLEW WATER, A. 33756 April 3, 2008 April 17, 2008 V. Hibbard Mayor SKETCH Of DESCRIPTION SHEET 1 of 2 SHEETS PARCEL J A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDMSION, ACCORDING TO THE PLAT THEREOF. AS RECORDED IN PLAT BOOK 23, PAGE 60. OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE INWHWEST CORNER OF LOT 44, OF UMD-WHITE-SIMER SUBDNVISION, ACCORDING TO THE PLAT THEREOF. AS RECORDED ON PLAT BOOK. 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA; THENCE N90'00'00'E. ALONG THE NORTH BOUNW OF SAID LOT 44. A DISTANCE OF 3.82 FEET; THENCE NOS32'30'E ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID GULF VIEW BOULEVARD. SAID EASTERLY RIGHT OF WAY LYING 1.0 FEET WESTERLY OF THE WESTERLY BOUNDARY OF LOT 1. BLOgC A. COLUMBIA SUBOMSION.' AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA; A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NWMEASTMY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEN BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00. AN ARC OF 26.87 FEET, A CHORD 0 26.18 FEET. AND A CHORD BARING OF N28'11'29*P- THENCE N90'00'OO`W, A DISTANCE OF 3432 FEET; THENCE S4S31'37*W. A DISTANCE OF 14.15 FEET FORA POINT OF BEGINNING; THENCE S41'00'13'E, 17.95 FEET; THENCE S05'29'40'W. 20.00 FEET; THENCE N84 30'20'W, 6.00 FEET; THENCE N05 29'40'0 OS8 FEET; THENCE N41'28'18'W A DISTANCE OF 16.55 FEET' TO A POINT OF INTGEMON WITH THE CENTERLINE OF SAID GLAF VIEW BOULEVARD: THENCE NOT32'M ALONG SAID CENTERLINE A DISTANCE OF 15.06 FEET; THENCE 1448'31'371E A DISTANCE OF 7.42 FEET TO THE POINT OF BEGINNING. CONTAINS: 416 SQUAD FEET' (0.0096 ACRES). MORE OR LESS. LEGEND N0 m 1. NO 8a maRe IS w RLS;ORO RB ECM WDIDIM RIGHT OF 1FIO' ANO/oR 0VAER ? IM FORNSHM M IM SUMM EWI AS 51011N. 2 7185 S OM MM NOT REfL.Q.T OR OE1F]UK OMNE1 V. PL m V SWAM 3 USE OF M SOM BY MONO CM MW IM PROW0 FOR ILL RE 1K ? LB Ra grooKm C 1FOIOiw78N . RE-usm SOLE ROC ¦ KW LNBM M IM SUIIEM 4.71E 51 M W PFE WO W MW 710 BL7M OF A M MM WU C01NrdW P08 TOR CF 8Bi881R AND S SO =10 FASF]EMS, NWIS- CF-W AHD SPAR HUM OF 1RLE. Z m mm w m al 7fE mm mm m OF LDT 44 AS BFAi818' N9OO0'OOI (p) PREPARED FOR: DRAWRIO/ PA m-i I'Frftow Na. am The Raked arm* CAM 4tMI08 Cboelt?d BF JAC 111 Mw Book , Dram By I .IOC ]it Pbaoo sLTrrco= um SQBVSY r., Inc. 711 FOREST LV= BOL "ARE OLDSYAR. FLA. 30" 415n NOE 0" M -1312 FM 030 aM-M ?+r e4 fat ft mw /01 wm. fr fmma war + oera?c t111R a fa dom r =& r INN 1®0M 3900M rat ho 4 w eoa? aoN flnt3mIL t m man= in 0x17-4 mm 1mNOYf D ` Mo T R®,?--- ?'-"i _ _ SKETCH c f OESCR=PTrON SHEET 2 OF.2 SFEEM SCALE : 1' 30' 100, 15' 00 P RAM Mgff-OF W LK LOf f im 71- COLUMBIA SUBDIVISION 3 PLAT WX 93 PACE 60 L1 PARCELT f 3E140-) -I`----at I fLo Ld 44 a? i f ?f f LOT 44 f LOT 43 Jfn? f? f? m ?? . f f W f f THE UJDO D-NER SUBDIVISION PW WH 13 I N ?fk? f L44 L FrRST A yE ? 1VUE talE BEAR m DISTANCE l1 S41 16'E 1655' L2 am' L3 L6 N4 1 1T L7 NMI 14.1 L6 L9 DO Wuw? U7 2MW L18 1 L19 N4831 7. CURVE RADRS ARC IENM CHORD LEMM CllDlifl BFJYa11R1 EXHIBIT B .PRELIMINARY PROJECT PLANS [PROJECT SITE PLAN AND ARCHITECTURAL PLANS] F CLEARWATER BEACH RESORT AND HOTEL IW 111 100 CORONADO DRIVE CLEARWATER, FLORIDA SITE PLAN REVIEW SUBMITTAL INDEX OF SHEETS A-0D COVER A-06 400 LEVEL PUN A-12 NORTH ELEVATION - COLOR A-0 I SITE PLAN A-07 500900 TYPICAL PAN A•129 NORTH ELEVATION - 8/W A02 GRADE LEVEL PLAN A-08 1000 LEVEL. PLAN A 13 EAST ELEVATION • COLOR A-028 GRADE tEVEL PLAN - OPTION B A-09 1' 100, 1400 NOCAL PLAN A-138- EAST ELEVATION • 9/W A03 LOBBY LEVEL PLAN A-10 PENTHOUSE LEVEL PLAN A-14 SOUTH ELEVATION - COLOR A-04 200 LEM PLAN A-1 I WEST ELEVATION -COLOR A-148 SOUTH ELEVATION - 81W A-05 300 LEVEL PLAN A-1118 WEST ELE'VA110N-B/W I f JR, C, ref ?I' 1, NOTE: CONCEPT RENDERINGS ARE FOR DESIGN INI ENT ONLY AND DO NOT REHECT STAFF REVIEW COMMENTS. f4%6 NICHO o KOSCH CLEARWATER BEACH RESORT & HOTEL ! '-`-?-- FUSTER, CLEARWATER, FLORIDA _ s W IFTE SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP E00 wu•.i monu`o tax i " r ?? r..•{ , { I .a i ?1 ".. { f S ??? ""' ?•? I I LEGEND II O u4. rcnuw } ti- r ;. * _ r ? qy( t ?rl. :%rP ..__._._ '-P _ tit .. ? ? _.._ ? - ?.i ? _ . _r ? . ?k ?? .. ? ? .. ? . .: ?..;. .a ? ? .. -. - _._-. ? i-? -_,? _ . ? ???? ..... _ .. _ _ •,_ f._.... 0 r w ?r ?er i a -t° -"?R..'^i51--- ??'??•? ??'. - art ....... ??_ i _m a_??.> ¦ y', nmm ,Bx _ I v L Bros ?' '11- - r C rx 41 ..?... n N ;-w it a-m, la-mm n 'tn- o 1 , m a i u+- t-i ?'_ ' ? ? ? taCEd44608 I I ' i I - ? ?{Y? S1tlRIAiE m b i rh ? ? ?) "'I I e -tt?i i t c ?I ? ? ? _ aitiU:r: rLe S40 L? MAVKF - ... _. Si--? - _ .-.•... ' k rCIMPACr-.-/ ??• COFAtF BT'y(UGf ? - ? 1- ? ? I4'e Blx'MrK'2 ? ? ..••. ? '4ti k m?Be f tY ? ? i ({C?'-? ` 4Q13Y i lOh[A Br `L8F1+`- ??4? tt ? ? ??,^ ?__ - .'low. ?wwa Dmhae c • car I k- ?- I warm ? { rraly _ $ ? i1 ? ? 5 r, i "XUL END, L L - 1 r!I t '1 i 1 {r-?-?? -GRADE LEVEL PLAN (.Nsua,r,rrr RWAT R B L ACH I - " ? FUSTER TER S o W 1C1*1 E EA E C RESORT & HOTEL FLORIDA CLEARWATER j I K? ?.• .• UR T B SST , SEPTEMBER 15 2008 PROPOSED b THE RELATED GROUP A-02 , y E 7 i. y ,f .. ??' to VI but IJr2iL4sl ?? I a ( t ¢rm,u¢pr,mE t ff i• ` L ?i i ? a , t .....,`t ?...: 3... "I". laj GRADE LEVEL PLAN `N (D scor?e:r.mr ?i i CLEARWATER BEACH RESORT & HOTEL CLEARWATER, FLORIDA EPTEMBER 15, 2008 PROPOSED b THE RELATED GROUP ~ rus rEU + ,?,\o ? CH L qsT' F A-02B W VVU 10 E y k... 7 I LEGEND T ??e ) ?S 1 t ?Yl i i N LOBBY LEVEL PLAN A ER BE Fus:rER co R 5 CLEARWAT ACH RESORT & HOTEL T BROSCH WU ST W LFE ER, FLORIDA CLEARWA SEPTEMBER 15 2008 PROPOSED b THE RELATED GROUP 03 O , y i , f I Lr LEGEND y i ,t;S ff _ i ? ? . ??? ? r ? I ? I ( Q rvcrcn'"0 wR:ariwi°av. , 1 p .. 1 ."? ..? .._".T.. _.._ _ _.... __ .. a ( i ? ?mrc wr ? ? - IYnn ? war uyr ?? c k 1 y< 1 ? Fr fn , }t ? 1 _ : - t r h_ 3 1. I Mck II(? ?III(II.? aro a {a•Er+ . ..... ...... 'r _ $ ?.... .r n ?wm t ri1P aNO? Y _I- afa.oy V • 1 I , 7 t § ? na AVWM 4>•ACF) ? - ? - 1 +«e n.. 'n ,u Ir (m I m IroY I ... Iro - I - _ ! _ , _ S k° ',oT--;.roe ,w. w R..- as >t 1 I _ `•`<• _/ s ' . -. i-tll oroi Toa"v -- ----------- w ---- -------F - -? - ---r-- - - -- - -- - ( 9N t 200 LEVEL PLAN \y,! SCALE: M • ia'-0' 3at1e?.&xafEi.MCtl ?4m A:a{Ut I,MPMgmww ' HE , 0 CLEARWATER BEACH RESORT & HOTEL CLEARWATER. FLORIDA ! FusrER Am,y , ( o NKHO4S aH M SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP l«.. A-Q4 0 LEVEL PLAN I r`N (D-1.0 1.E i0'e• CLEARWATER BEACH RESORT & HOTEL CLEARWATER, FLORIDA SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP - rusTEx aI?? -ST yy A-05 ._._._..._...... LEGEND } -O wm n.'.n °rame? sa ruv ..I t ,.,.. ,. .,.... (rti009PAKCF E . W CLEARWATER BEACH RESORT & HOTEL 1 - = pus? ER 1 r%' NIC o BROSC s 5T CLEARWATER, FLORIDA .t?J s WUR WOIFE ° SEPTEMBER 15, 2008 PROPOSED. by THE RELATED GROUP ^a •+..r°Ob? + v A-06 i CLEARUIIATER BEACH RESORT & HOTEL '?- FusTEx DROSCH R CLEARWATER, FLORIDA I Y.. tfE ` SEPTEMBER 15, 2006 PROPOSED by THE RELATED GROUP --? -?+-- - •`+.+.? " A-07 CLEARWATER BEACH RESORT & 'HOTEL °-? rUsTER o tIRICHON' WURST wuxsr CLEARWATER, FLORIDA WOLFE SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP [El I LEGEND ? ??iw w?z?asw?rn ":cittn ...._ _._._.... ....... CLEARWATER BEACH RESORT & HOTEL CIEARWATER, FLORIDA SEPTEMBER 15 200£1 PROPOSED by THE RELATED GROUP -nss 1 rUST - c gROSgH WURST , A 09 vvv ?:... i , /T \ N 1 TOWER PLAN LEVEL 1100-1400 \L,. r LEGEND i i v?IXMNKKM?lI?Yd I (1N PENTHOUSE LEVEL PLAN CLEARWATER BEACH RESORT & HOTEL FUSTER o? CLEARWATER, FLORIDA ?.1.?° ???/??\\\\ WOFE WURST SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP A-10 EXHIBIT C ' Hotel Quality Standard Minimum Quality Standards The Development Agreement ("Agreement") between the City of Clearwater, Florida (the "City") and K & P Clearwater Estate, LLC„ a Florida limited liability company ('Developer") provides for the allocation of two hundred and fifty (250) hotel units (forming the "Hotel" portion of the project) from the Beach by Design Destination Resort Density Pool to the site on which the Developer anticipates building the project described in the Agreement (the "Project Site"), which project is to contain, among other things, 450 Resort Hotel units within a quality resort hotel ("Resort Hotel'). Beach by Design establishes physical, functional and operational requirements for a proposed development to be eligible for an allocation Destination Resort Density Pool Units. The allocation of the Destination Resort Density Pool Units to the Project Site represents a significant economic incentive for the development of the Hotel. The purpose of this Exhibit is to establish: 1. minimum quality standards for the proposed Resort . Hotel; 2. a process for assessing compliance with the minimum quality standards; and 3. an enforcement mechanism in the event that the Developer shall fail to comply with the minimum quality standards. Minimum Quality Standards. The City and the Developer agree that there are two (2) alternative ways in which the Developer may satisfy the quality requirements of Beach by Design (the "Minimum Quality Standards"): 1) membership in (a) the AAA and obtaining and maintaining a minimum quality rating of at least four (4) diamonds; or (b) Mobil Travel Guide ("MTG") and obtaining and maintaining a minimum quality rating of at least four (4) stars; or (c) such other travel marketing and rating service as the City reasonably approves ("Other Rating Service") and obtaining a quality rating comparable to the AAA and MTG ratings described in (a) and (b) of this subparagraph; or 2) membership in (a) the AAA and obtaining and maintaining a minimum quality rating of at least three (3) diamonds; or (b) membership in MTG and obtaining and maintaining a minimum quality rating of at least three (3) stars, and in addition to (a) or (b), inclusion in the Hotel upgraded improvements and facilities as described hereinafter. The City agrees that the Developer would satisfy the upgraded improvements and facilities requirement by providing twenty-five percent (25%) of the total number of AAA four (4) diamond quality criteria for: i) exterior; ii) public areas; iii) guestrooms; iv) guestroom amenities; and v) bathroom as described in AAA, Lodging Requirements & 'Diamond Rating Guidelines (the most current edition as of the date of issuance of the building permit for the Hotel). Alternatively, the City agrees that the Developer may satisfy the upgraded improvements and facilities requirement by compliance with the following (the "Upgrade Criteria") or, the minimum standards for four (4) diamond quality criteria as set forth in AAA, Lodging Requirements & Diamond Rating Guidelines (the most current edition as of the date of issuance of the building permit for the Hotel): i. Exterior. A. Curb Appeal. A combination of exterior elements which create an impressive well- integrated and excellent level of curb appeal. ii. Excellent variety of landscaping professionally planned and maintained. iii. Impressive architectural features well-integrated into the surrounding area. B. Parking. i. Lighting fixtures reflect characteristics of the design of the property. ii. Physical evidence of added security exists. iii. Excellent overall illumination. II. Public Areas. a. Furnishings and Ddcor: Upscale, well-appointed, and in the theme of the property; high degree of comfort, featuring professionally fitted coverings; an abundant variety of live plants or unique dried floral arrangements. 2 b. Floor Coverings: Excellent quality carpet, wood, marble, or granite floors with unique area rugs. C. Illumination: Light fixtures are well-appointed and of an upscale design that complements the overall theme of the property; multi-placement provides overall excellent illumination. d., Signage: Design is well-defined in harmony with the theme of the property. e. Lobby/Registration Area: Spacious registration area; upgraded luggage carts; recognizable guest-service area and bell stand. f. Miscellaneous: Multiple recessed phones with notepads and pens, located away from traffic areas. Pressing is available at specific times. g. Restaurant and Dining Facilities: Upscale, full-service restaurant; separate lounge or bar area. h. Recreational Facilities: i. Swimming pool area is well-appointed with upscale design elements and an excellent quality and variety of pool furniture and hot tub. Food and beverage is available poolside at one or more Resort Hotel 'pools: j. On-site exercise facility with state of the art equipment; lockers and dressing area provided. k. Meeting Rooms. Variety of well-appointed meeting rooms with upscale design elements. Audiovisual equipment available. 1. Restrooms. Upscale facilities appropriate for the number of meeting rooms. m. Additional Recreational Facilities: Excellent variety of additional recreational facilities is available on site or arrangements are made for off-site services. n. Sundries and Other Shops: Upscale gift shop. III. Hotel Guestrooms. a. Free Floor Space: Obvious degree of spaciousness allowing increased ease of movement for guests. b. Floor Coverings: Excellent quality carpet, wood, marble, granite or other high-end stone floors with unique area rugs. 3 C. Clothes Hanging Space: At least eight open-hook wood hangers. d. Clothes Storage Space: Sufficient space for two pieces of luggage; upgraded racks or benches. e. Illumination: Excellent. overall illumination; free standing fixtures in appropriate places. f. Television Placement: Television located in closed armoire or flat screen monitor. IV. Guestroom Amenities. 1. Multiple or cordless telephone. High-speed or wireless internet access. Enhanced guest-service directory in folder. 2. Upgraded stationery in Hotel guest rooms' Framed or beveled full-length minor. 3. Full-size iron and ironing board. 4. Minibar or refrigerator. V. Bathrooms: a. Wall and Floor Coverings. Excellent quality, including ceramic tile, marble, or granite flooring. b. Free Floor Space. Excellent size bathrooms affording guests increased ease of movement and comfort. C. Amenities: i. Excellent quality plush towels; oversized. ii. Facial tissues of excellent quality in decorative container. iii. Free-standing hair dryer. iv. Bathroom area rug. V. Make-up mirror. vi. Telephone. 4 Compliance Assessment Initial Rating Period As soon as is reasonably possible after a final Certificate of Occupancy for the Resort Hotel is issued by the City ("CO"), the Developer shall apply for membership and inspection by AAA, MTG or Other Rating Service (the "Hotel Rating Service") for the Hotel, such that an inspection by the Hotel Rating Service would be reasonably expected to occur within twelve (12) months following the issuance of the CO ("Initial Inspection Period"). The Developer shall initiate an. independent quality assessment for the Interval Ownership portion of the Project in the event such inspection is not provided by a Hotel Rating Service. Upon receipt of the report issued by the Hotel Rating Service ("Rating Service Quality Report"), the Developer shall immediately deliver a copy of the rating report to the City. In the event that the Hotel Rating Service does not or is unable to inspect the Resort Hotel within the Initial Inspection Period, Developer shall use reasonable diligence to obtain an independent quality assessment of the Resort Hotel from a qualified hotel/resort industry expert ("Independent Quality Assessment") within ninety (90) days after the issuance of the CO. In the event that the Developer fails to deliver a qualified Rating Service Quality Report or a qualified Independent Quality Assessment to the City within ninety, (90) days after the first anniversary of the CO, the City may at the Developer's expense; obtain a written opinion of an independent expert in the hotel/resort industry with regard to the compliance of the Resort Hotel with the Minimum Quality Standards established in this Exhibit. Maintenance and Monitoring of Compliance with Minimum Quality Standards 1. The Developer shall maintain compliance with the Minimum Quality Standards throughout the term of this Agreement. 2. In the event that the initial rating of the Hotel equals four (4) diamonds, four (4) stars or the equivalent with an Other Rating Service or better, maintenance of such rating shall constitute full compliance with the Minimum Quality Standards for the entire Resort Hotel. 3.. In the event that the initial rating of the Hotel equals three (3) diamonds, three (3) stars or the equivalent with an Other Rating Service, and the Developer has included in the Hotel the required upgraded improvements and facilities as described above, the maintenance of such rating shall constitute compliance with the Minimum Quality Standards. On. the fifth anniversary of the issuance of the CO, if the most recent Rating Service Quality Report does not address compliance with the upgraded improvements and facilities requirement established in this Exhibit (the "Upgrade Requirement"), the Developer shall obtain a written opinion from a qualified hotel/resort industry expert that the Resort Hotel continues to meet the Upgrade Requirement. If the Developer fails to deliver a qualified opinion of compliance with the Upgrade Requirement, the City may at the Developer's cost, obtain a written opinion of an independent expert in the hotel/resort industry with regard to the compliance of the Resort Hotel with the Upgrade Requirement. Failure to Comply In the event that a Rating Service Quality Report, an Independent Quality Assessment or the opinion of an independent expert in hotel/resort industry reveals that the Hotel does not comply or no longer complies with the Minimum Quality Standards established in this Exhibit or the Developer fails to provide the City with a Rating Service Quality Report or an Independent Quality Assessment or expert opinion, or the Hotel Rating Service that previously rated the Hotel has given notice stating that such service has downgraded the Hotel's rating to a lower rating level ("Rating Downgrade Notice"), the City shall notify Developer of default in a writing which details identifying the nature of the default(s) ("City Quality Default Notice"). If the default(s) described in the City Quality Default Notice are based upon a Rating Downgrade Notice, Developer shall have that period of time given to Developer by the downgrading hotel rating service to dispute or effectuate any care required to .restore the Hotel to the Minimum Quality Standard and to present to the City reasonable evidence that Developer has either prevailed in its dispute of the default(s) or has effectuated a cure of the conditions upon which the default is based. If the City Quality Default Notice is based on any basis provided for in this Exhibit other than a Rating Downgrade Notice, Developer shall have ten (10) days to notify the City as to whether the Developer intends to dispute the Default Notice. If the Developer does not notify the City within ten .. (10) days of its intent to dispute the Default ?Notice, the Developer shall have thirty (30) days to cure the default, or in the event that it is not reasonably possible to cure the default within thirty (30) days, the Developer shall submit a sworn statement describing the steps necessary to cure the default and to the time period necessary to cure the default. In the event that the Developer disputes the Default Notice, the dispute shall be resolved through expedited arbitration pursuant to the Agreement and in the event that the Developer's dispute is resolved in favor of the City, the Developer shall then cure the default within thirty (30) days after resolution of the dispute. In the event that a City Quality Default Notice was based on a failure to maintain compliance with the Upgrade Requirement, the Developer shall obtain a written opinion from a qualified hotel/resort industry expert that the Hotel continues to meet the Upgrade Requirement every two (2) years after the default is cured until the expiration or termination date of the Agreement. Notwithstanding anything contained in this Agreement to the contrary, it shall not be considered a default under this Agreement if the Developer must make modifications or take actions to restore the Hotel to the Minimum Quality Standard where such modifications or action to be taken requires the alteration of structural or architectural design elements of the Project which were approved by the City in connection with the construction of the Project or where the cost of such modifications or actions, including any debt service incurred by the Developer in connection therewith, cannot be recovered over the useful life of the item to be modified, as reasonably determined by the City and the Developer. 6 Remedies upon Event of Default Upon the occurrence of an Event of Default which is not cured within thirty (30) days, Developer shall be subject to a daily fine equal to Two Thousand and Five Hundred Dollars ($2,500.00) payable to the City for each day that the defaults enumerated within the City Quality Default Notice at issue remain uncured. In the event that an Event of Default occurs, the accumulated fines shall be a lien against the Hotel component of the Developer's Property which may, at the City's sole discretion, be enforced through a foreclosure proceeding. 7 EXHIBIT D PROJECT SITE The Project Site shall consist of the Developer's Property (as described in Exhibit A), less the Dedications (as described in Exhibit A-1 and Exhibit K), plus the Vacations of Rights of Way (as described in Exhibit A-2), as depicted on the attached diagram. Q H H m I CLEARWATER BEACH RESORT and HOTEL waa q 111•wm Y. mtum wwwR ClOwMlOlte Mww IIwwa0rF ®c?P wOLw Wm..P4 b[•n w N o?m MA• Ra v W v ouwP a DI w m 1° 1. ti N'•PY .P?PV 1 nv P me4 PN.•?I P W V 1. m OOtl 00•vl O fOw n wSWa nw 1p6lI P. 1wl . of ww T wa r ? •Im01?walw lvr. Mwl rOUO UwKarn.aw,0.R +I MlO0.N M!F RP ? waY aMi ?IIM?'®P ? M? P 0111r Iwl I voN?mgPN •wmwmVq mr'K. gNU.....NO.elma ms.wN ?. M.ov . wmlr.'?auwsaMS ?s?ww m.a lu.i wli BEE ,m M1w1.1f Om?II 91111?rR-wwwR w rl . 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Iw01 I IM • w R • 2a ¦ r? m wl ¦ 'ye.?A 1'Y? ?m1N10lOy IN fl1n` ?w?n???N.Y 1?M y ?? 1 O V 5 y ? IIIn/\' m ?I/ J EXHIBIT E COORDINATED DESIGN OF SOUTH GULFVIEW AND BEACH WALK IMPROVEMENTS _ CLEARWATER BEACH-RESORT & HOTEL `?„-?. _-? -----? CLEARWATER, FLORIDA _ SEPTEMBER-1 1-2008. PROPOSED BY TRG CLEARWATER BEACH LLC GULFVIEW 60ULEVARD LANDSCAPE CONCEPT PLAN -- - sale I nr oF"USTER r?+ r-+ r? H [rJ i\ t4 CORCNADO DRIVE ? . ? r ? t° ? (•'!', at,x. b p ?`! ' ? r .' ? ; ?A4 ?t ?`?""` ?? ?.? `''?, b?? ? ? ? ilc_?.:aw.._.IQI.,•?, ,? . +'``? `WW r ` 1?.,?.i ..'i .-r r"` u1'? : ,?' ?' A Y - :L r F• . ? 4P h ? ?? ? ? rf' _?1?'.t., Y'.. ' ` •?'p'r , R ? "r . ? rR ?• '?_,r..-.? -?? ter Lri ^?` ?""?'"? ? ?? 4 f E rar ?? a? 'k •_ it .«9""'?' : -!: ^??? ? _ ?. 10. k? !4'... M? ? ..Wa r. ? M -^ ?-n - ?? ? ?? ' ' i a ?' .. i '? ? ? ?y _.. ., .T . ? ! _ ? r w. kt-? K??y _? µ? Z ^ t.. ..x'T? EXHIBIT F DECLARATION OF COVENANTS AND RESTRICTIONS THIS.DECLARATION OF COVENANTS AND RESTRICTIONS is made as of the day of 2008 by K & P Clearwater Estate, LLC, a Florida limited liability company. K & P Clearwater Estate, LLC, is the owner of fee simple title to all of the real property described in Exhibit I attached hereto and made a part hereof (hereinafter the "Real Property"). The City of Clearwater has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a preliminary design for the revitalization of Clearwater Beach.. . The designation of Clearwater Beach as a Community Redevelopment District provides for the allocation of Destination Resort Density Pool Units as an incentive for the development of destination quality resorts with a full complement of resort amenities. Pursuant to the designation of Clearwater Beach as a Community Redevelopment District, the allocation of Destination Resort Density Pool Units is subject to compliance with a series of performance standards, including a requirement that the Resort Hotel to be developed on the Real Property implement a trip generation management program to reduce the number of vehicle trips generated by the use and operation of the Real Property. The City of Clearwater has granted, by City Council Resolution _ passed. and approved on the application of K & P Clearwater Estate, LLC, for an allocation of Destination Resort Density Pool Units pursuant to the provisions of the designation of Clearwater Beach as a Community Redevelopment District subject to compliance with the requirements of the designation of Clearwater Beach as a Community Redevelopment District. K & P Clearwater Estate, LLC , desires for itself, and its successors and assigns, as owner to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of Destination Resort Density Pool Units to K & P Clearwater Estate, LLC , and the designation of Clearwater Beach as a Community Redevelopment District, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. . THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation ofDestination Resort Density Pool Units to K & P Clearwater Estate, LLC, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, to K & P Clearwater Estate, LLC, hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of K & P Clearwater Estate, LLC, and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City of Clearwater, Florida, and shall be enforceable on behalf of the said residents by the City Council of the City of Clearwater. 2. Covenant to Prepare and Implement a Trip Generation Management Program. K & P Clearwater Estate, LLC, hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Trip Generation Management Program. K & P Clearwater Estate, LLC, shall prepare a Trip Generation Management Program which includes, at a minimum, the program elements which are set out in Exhibit 2 which is attached hereto and incorporated herein. 2.2 hnplementation. K & P Clearwater Estate, LLC, shall take all necessary and appropriate steps to implement the approved Trip Generation Management Program. and the selected management strategies. 3. Effective Date. This Declaration shall become effective immediately upon its recording. .. 4. . Governing Law. This Declaration shall be construed in accordance with and governed by tlie. 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. Attorneys Fees. In the event the City of Clearwater or K & P Clearwater Estate,lLLC, is obligated to institute legal proceedings with respect to this Declaration, the prevaiiing party shall be entitled, in addition, to recover reasonable attorneys' fees, paraprofessional fees and costs froin the non-prevailing party. 7. Severability. If any provision, or part thereof, of this Declaration or the application of this Declaration to any person or circumstance will be or is declared to any extent to be invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. 2 IN WITNESS WHEREOF, K & P Clearwater Estate, LLC has caused this Declaration of Covenants and Restrictions to be executed this _ day of._ , 2008. Witnesses: K & P CLEARWATER ESTATE, LLC, a Florida limited liability company By: K & P Partners Limited Partnership, a Florida limited Partnership, Manager By: K & P Holding, L.C., a Florida limited liability company, General Partner State of Florida ) County of Pinellas ) By: Kiran C. Patel Managing Member The foregoing instrument was acknowledged before me this day of _.__, 2008, by Kiran C. Patel, Managing Member of K & P Holding, L.C., a Florida limited liability company, General Partner of K & P Partners Limits; l Partnership, a Florida limited partnership, Manager of K & P CLEARWATER ESTATE, LLC, a Florida limited liability company on behalf of the corporation, who is personally known to me or who produced as identification. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp 3 Exhibit "1" to Exhibit "F" Parcel I: Lot 1, Block "A", COLUMBIA SUBDIVISION, according to plat thereofrecorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of Gulf View Boulevard adjacent to said Lot 1, and the vacated westerly 1 foot of Coronado Drive adjacent to said Lot 1, said vacated portions being shown by Resolution filed November 27,1959, in O.R. Book 757, Page 40, Public Records of Pinellas County, Florida, and also Lots 44, 45, 46, 47, 90, 91, 92, 93, 94, 95, 96 and 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, according to plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida, together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93. Parcel II: Lots 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida. Parcel III: Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot 103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida. Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida. TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-08: Page 1 of 5 ORDINANCE 7947-08 A PARCEL OF l A1VlEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED 0 , LAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT Tltii N F. AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RE OF PINELLAS COUNTY, FLORIDA, AND BEING A PART OF SAID IEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD- WHITE ER SUBDMSION, ACCORDING TO THE PLAT THEREOF, AS - RECD PLAT BOOK 13, PAGES-12 AND f3, OF THE PUBLIC RECO • F PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST % OF SE A 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FlQt1pA? BEING MORE PARTICULARLY DESCRIBED BELOW: "ANNG AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD- "FTE-SKINNER SUBDIVISION: THENCE 8.05032'30."W. ALONG THE EAST ,RPHT OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 60.06 FEET 1 0 THE SOUTHWEST CORNER OF SAID LOT 44; THENCE 8.05032'301W., A _,tUISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.05°32'30"-0., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF . 160.45 FEET;-THENCE N.84'2T30"W., A DISTANCE OF 34.98 FEET; THENCE . N.05032'30"E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 456.33 FEET, THENCE •S.41'28'18'E., A DISTANCE OF 16.55 i FEET; THENCE S.05'2940"W., A DISTANCE OF 0.58 FEET; THENCE S.84'30'20"E.; A DISTANCE OF 6.00 FEET; THENCE N.05929'402E., A DISTANCE OF 18.97.FEET; THENCE CONTINUE N.0502940'E., A DISTANCE OF 1.03 FEET; THENCE N.41'00'13"W., A DISTANCE OF'17.95 FEET, THENCE N.48031'37"E., A DISTANCE OF 14.15 FEET; THENCE N.90'00'00"E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD'OF 26.18 FEET AJND A CHORD BEARING OF S.28'11'29"W:; THENCE S.05'3V30"W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90-00'00"W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING. AND Page 2 of 5 ORDINANCE 7947-08 A 'PARCEL OF.. LAND BEING A PART OF GULF. VIEW BOULEVARD; AS DEPICTED ON iPLAT OF COLUMBIA SUBDMSION,'A000RDING TO HE PLAT THERE A RECORDED IN PLAT .BOOK 23, PAGE 60, OF THE PUBLIC AM OF PINELLAS COUNTY, FLORIDA, LYING-IN THE EAST OF SECTIO WNSHIP 29 SOUTH," RANGE 15 EAST; AND THE WEST % OF SECTI OWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS•COUNTY, FLORID G MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM G AT. THE NORTHWEST CORNER OF LOT 44,,OF LLOYD- - ?WHI-SZCINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS R F7RDtD ON PLAT BOOK 13, PAGE-12 AND 13, OF THE PUBLIC RECORDS O-• ELIAS' COUNTY, FLORIDA; THENCE N.90°00'00"E., ALONG THE MQ1 BOUNDARY OF SAID LOT 44, A DISTANCE OF. 3.82 FEET; THENCE 4 X02'30"E ALONG.THE EASTERLY RIGHT OF WAY LINE OF AFORESAID F VIEW BOULEVARD, A DISTANCE OF '0.88 FEET. TO POINT OF A f ruptw; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT OF- ! )NAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A. RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26:18 FEET, AND A ' CHORD BEARING OF N.286i l'297- TO THE POINT OF BEGINNING; THENCE N90°00'00'W.; A DISTANCE OF 29.08 FEET TO A POINT OF NON TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET 'AND A. CHORD BEARING OF N.6305246°E.; THENCE 5.89°54'00"E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET, A CHORD OF 55.47 FEET AND A CHORD BEARING S.45059'54'E. TO A POINT OF NON TANGENT CURVE; THENCE WESTERLY' ALONG THE SOUTHERLY RIGHT-0F=-WAY OF' AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD. OF 11.89 FEET AND A CHORD BEARING N77°5543-0.; THENCE N.8954'00"W. ALONG SAID SOUTHERLY RIGHT-OP-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF .145 '71 FEET TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID SOUTHERLY RIGHT-0F-ASY OF AFORESAID GULF VIEW. BOULEVARD BEING A CURVE.TO THE CURVE TO THE LEFT HAVING A RADIUS OF.34.00 FEET, AN ARC OF 23.30 FEET, A CHORD OF 2284_ FEET AND A CHORD BEARING OF S.70027'47'W.TO THE POINT OF BEGINNING. Page 3 of 5 TOGETHER WITH *THE FOLLOWING:PARCEL VACATED. By ORDINANCE 7948-08: Vacate a portion of the 60-foot right-of-way of First Avenue, (AKA. First Street per field), the plat of Lloyd-White-Skinner Subdivision as recorded In Plat Book 13, Page 12 of the public, records of Pinellas County, Florida, more particularly described as: From the southwest comer of Lot 55, 'Lloyd-White-Skinner Subdivision, as. recorded In Plat - Book 13, Page 12 of the Official Records of Pinellas County, Florida,- run .thence N05°32'30"E along the easterly right of way .:line .of.Gulf View' Boulevard as shown on said-plat a distance of 335.00 feet to the Point of Beginning,' said point also being the northwest comer of Lot 48 of said Lloyd White Skinner subdivision, thence'N05'32'30'E 60.00 feet to the southwest comer:of Lot 44, Lloyd-White-Skinner Subdivision; thence S84'27'30'E along the northerly right of way line Of First Avenue, . Lloyd-White-Skinner Subdivision a distance of 192.00 feet; thence S05'32'30"W. along a line 18 feet west of and parallel wift the westerly right of way fine.of Coronado Avenue as shown on the plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly right of way line of said First Avenue; thence N8402r30'W along said southerly right of way fine a distance of 192.00 feet'to the Point of beginning, LESS AND EXCEPT THE FOLLOWING 3 PARCELS: The southerly 20.0 feet of Lot 55, TOGETHER WITH Lots 56 and 103 LESS- The southerlq-20.0 feet thereof; TOGETHER WITH the southerly 30.0 feet of Lot 102, LLOYD-'WHITE-SKINNER SUBDIVISION, as recorded in Plat Book _13, Page 12,. Public Record's of Pinellas .County, Florida. TWO: PARCEL 0 THE EASTERLY 18.0 FEET_ OF LOTS 97, 98, 99, 100, AND 101; TOGETHER WrrH THE EASTERLY 18.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0 FEET THEREOF, LLOYD-WHITE-SKINNER SUBDMS10N AS RECORDED IN PLAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELI.AS COUNTY. FLORIDA. Page 4 of 5 THREE: PARCEL C THE EASTERLY 18 FEET OF LOT 93, TOGETHER WITH THE WESTERLY 1.86 FEET OF THE RIGHT OF WAY OF CORONADO DRIVE ABUTITNG LOT 93. LLMD-WHITE-SKINNER - SUBDIVISION AS RECORDED IN PLAT. BOOK 13, PAGE 12. PUBLIC RECORDS OF PINELLAS COUNTY.. FLORIDA; TOGETHER WITH A PORTION OF LOT 1. BLOCK A. COLUMBIA SUBDIVISION AS RECORDED IN PLAT BOOK 23, PAGE 60. PUBLIC RECORDS OF PINEIIAS. COUNTY, FLORIDA, AND TOGETHER WITH A PORTION OF.THE WESTERLY 1FOOT OF THE PLATTED RIGHT OF WAY OF CORONADO DRIVE' ADJACENT TO SAID LOT 1. ALL OF THE ABOVE BEING FURTHER DESCRIBED AS FOLLOWS: BEIM" AT THE SOUTHEAST CORNER OF 1& 93,` LLOYD-WHITE-SKINNER. SUBDIVISION, THENCE N842r30'W .N ONG THE SOURMY BOMOARY OF LOT 93 A DISTANCE OF 18.00 FEET; THENCE NW32730'E ALONG A LINE 18 FEET WESTERLY OF AND PARALLEL. TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 132.32 FEET; THENCE 524 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FECT, A CHORD OF 523 FEET AND A CHORD BEARING N01'47'31'E TO A POINT ON A NON TANGENT CURVE; THENCE 35.43 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 28.66 FEET. A CHORD OF 33.22 FEET AND A CHORD BEARING S3T"20'E; THENCE N9600'00'E, ALONG THE. EASTERLY PROJECTION OF THE NORTHERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF. 0.86 FE EM THENCE S03'32'30.W, ALONG A LINE 1.86 FEET [ASIiRLY.OF AND PHOLLE. TO THE EASTERLY BOUNDARY OF SAO LOT. 93 A DISTANCE OF 110.62 .FEET; THENCE .N847r3O'W A DISTANCE OF 1.86 FEET TO THE POINT OF BEGINNING. Page 5 of 5 EXHIBIT 2 Trip Generation Management Program 1. Prior to issuance of a Certificate of Occupancy for the Resort Hotel, the Developer shall implement a Transportation System Management Plan. This Plan shall establish practices, procedures and costs/fees for services to reduce the number of trips to and from the site. Examples of methods, which may be considered, are: a. Guest shuttle services/airport b. Guest shuttle services/activities c. Employee shuttle d. Non-motorized modes for Hotel guests e. Fixed route transit f. Taxis/demand responsive transit g. Non-motorized modes for employees h. Staggered working hours The plan will address the trip characteristics of resort occupancy, compare and contrast the generation and . reduction methods between Hotel and Timeshare users and create a supporting trip utilization projection for the Beach by Design transit proposal from Resort Hotel visitors. The plan will apply a best methods approach. City and County transportation programs may also generate additional methods based on special studies or intergovernmental program funding (County-wide Gulfview Trolley System). EXHIBIT G 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 31200 -' by K & P CLEARWATER ESTATE, LLC„ a Florida limited liability company ("Developer"). . Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter, the ("Real Property"). The City of Clearwater, Florida (the "City"), has amended it Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules. in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Destination Resort Density Pool Units ") as an incentive for the development of destination quality'iotel resorts with a full complement of resort amenities. Pursuant to the Designation, the allocation. of Destination Resort Density Pool Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Destination Resort-Density Pool Units ("Resort Hotel") shall be closed and all Guests evacuated from such resorts as, soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on Developer's application for Destination Resort Density Pool Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions. of the allocation of the Destination Resort Density Pool Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Destination Resort Density Pool Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: l . 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 minimum of two hundred and fifty (250) hotel units, which is the number of hotel units allocated to DEVELOPER, shall be used solely for transient occupancy of thirty (30) consecutive days or less, inust be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No hotel unit shall be used as a primary or permanent residence. 2.1.2 All other units shall be licensed as a public lodging establishment, classified as a time share with occupancy limited to stays of thirty (30) consecutive days or less. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Resort Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Resort Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Resort Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of 2 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 Bonus Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 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 of this Declaration to any person or circumstance will be or is declared. to any extent to'e invalid or unenforceable, the remainder of this Declaration, or the application of such provision or portion thereof to any person or circumstance, shall not be affected thereby, and each and every other provision of this Declaration shall be valid and enforceable to the fullest extent permitted by law. IN WITNESS WHEREOF,. Developer has caused this Declaration to be executed this day of 2008. Witnesses: K & P CLEARWATER ESTATE, LLC, a Florida limited liability company By: K & P Partners Limited Partnership, a Florida limited Partnership, Manager By: K & P Holding, L.C., a Florida limited liability company, General Partner By: Kiran C. Patel Managing Member State of Florida ) County of Pinellas ) The foregoing instrument was acknowledged before me this day of__ 52008, by Kiran C. Patel, Managing Member of K & P Holding, L.C., a Florida limited liability company, General Partner of K & P Partners Limited Partnership, a Florida limited partnership, Manager of K & P CLEARWATER ESTATE, LLC, a Florida limited liability company on behalf of the corporation,. who is personally known to me or who produced as identification. By: Signature of Notary Public My Commission Expires: Printed, typed or stamp 4 Schedule "1" to Exhibit "G" Parcel I: Lot 1, Block "A", COLUMBIA SUBDIVISION; according to plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly I foot of Gulf View Boulevard adjacent to said Lot 1, and the vacated westerly I foot of Coronado Drive adjacent to said Lot 1, said vacated portions being shown by Resolution filed November 27,1959, in O.R. Book 757, Page 40, Public Records of Pinellas County, Florida, and also Lots 44, 45, 46, 47, 90, 91, 92, 93, 94, 95, 96 and 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, according to plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida, together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93. Parcel II: Lots 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida. Parcel III: Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot 103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida. Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida. TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-08: Page 1 of 5 ORDINANCE 7947-08 A PARCEL OF `?' EfNG A PART OF GULF VIEW BOULEVARD, AS DEPICTED 0 ALAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT TkI N OF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RE OF PINELLAS COUNTY, FLORIDA, AND BEING APART OF SAID EW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD- WHITE ER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS -- : RECO PLAT BOOK 13, PAGES 12 AND f3, OF THE PUBLIC REC PIF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST % OF BE t N 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS,000NTY, FLQ f BEING MORE PARTICULARLY DESCRIBED BELOW: VVIANiNG AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD- . ITE-SKINNER SUBDIVISION: THENCE S.05'32'30..V ALONG THE EAST ,FqGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET ,TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.0b*3230"W., A ,bISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.05'32'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET;. THENCE ALONG SAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF . 160.45 FEET, THENCE N.84'27'30"W., A DISTANCE OF 34.98 FEET; THENCE . N.05°32'30"E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 456.33 FEET, THENCE-S.41 °28'18'E., A DISTANCE OF 16.55 FEET; THENCE S.05'2940'W., A DISTANCE OF 0.58 FEET; THENCE S.84°30'20"E.; A DISTANCE OF 6.00 FEET, THENCE N.05'2940'E., A DISTANCE OF 18.97.FEET; THENCE CONTINUE N.05'29'40'E., A DISTANCE OF. 1.03 FEET; THENCE N.41'00'13"W., A DISTANCE OF'17.95 FEET, THENCE N.48031'37'E., A DISTANCE OF 14.15 FEET; THENCE N..90000'00"E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET AND A CHORD BEARING OF S.28°1 1'29"W.; THENCE S.05'3T30"W. ALONG SAID EAST RIGHT-0F-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90'00'00'W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF i BEGINNING. AND Page 2 of 5 ORDINANCE 7947-08 A- PARCEL OF. LAND BEING A PART OF GULF.VIEW BOULEVARD; AS DEPICTED ON jLAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE PLAT THEREQ?,,?S RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECOIL,S?VOF PINELLAS COUNTY, FLORIDA, LYING-IN THE EAST 1% OF SECT10 • \::,,OWNSHIP 29 SOUTH; RANGE 15 EAST; AND THE WEST Y, OF SECTI ? TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS-000NTY, . FLORIDA G MORE PARTICULARLY DESCRIBED AS FOLLOWS: T THE, NORTHWEST CORNER OF LOT 44, OF LLOYD- G A COM &*t -WH ER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS R tD ON PLAT BOOK 13. PAGE -12 AND 13, OF THE PUBLIC RECORDS 0,t= ELLAS COUNTY, FLORIDA; THENCE N.90°00'00"E., ALONG THE. BOUNDARY OF SAID LOT 44. A DISTANCE OF. 3.82 FEET; THENCE 2'30°E ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID F VIEW BOULEVARD, A DISTANCE OF •0.88 FEET. TO POINT OF A 1tVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF- ! ?),NN Y OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A, RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26A8 FEET, AND A 'CHORD BEARING OF N.2801I 2M TO THE POINT OF_BEGINNING; THENCE N90°00'00"W.; A DISTANCE OF 29.08 FEET TO A POINT OF NON TANGENT- CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET 'AND A. CHORD BEARING OF N.63052467E.; THENCE 8.89054'00"E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING SA5°59'54'E. TO A POINT OF NON TANGENT CURVE; THENCE WESTERLY - ALONG THE SOUTHERLY RIGHT-0F=-WAY OF • AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A . CHORD BEARING N77°5543`W.; THENCE N.8954100'W. ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID SOUTHERLY RIGHT-OF-ASY OF AFORESAID . GULF VIEW. BOULEVARD BEING A CURVE.TO THE CURVE TO THE LEFT HAVING A RADIUS OF.34.00 FEET, AN ARC OF 23.30 FEET, A CHORD OF 22-84. FEET AND A CHORD BEARING OF S.7002747'W.TO THE POINT OF BEGINNING. Page 3 of 5 TOGETHER WITH•'THE FOLLOWING PARCEL VACATED..BY ORDINANCE 7948-08: Vacate a portion of the 6040ot right-of-way of First Avenue, (A.K.A. First Street per field j, the plat of Lloyd-White-Skinner Subdivision as recorded In Plat Book 13, Page 12 of the public, .records-* of Pinellas County, Florida, more particularly described as:..From the 'southwest comer of Lot 55, 'Lloyd-White-Skinner Subdivision, as. recorded. In Plat Book 13, Page 12 of the Official Records of Pinellas County, Florida,' run thence N05°32'30"E along the easferiy right of way ;Gne.of.Gulf Vew.Boulevard as shown on said-plat a distance of 335.00 feet to the Point of Beginning; said point also being the northwest comer of Lot 48 of said Lloyd White Skinner subdivision, thence'N05°32'30"E 60.00 feet to the southwest comer:of Lot 44, Lloyd-White-Skinner Subdivision; thence S84°27'30"E along the northerly right of way line Of First Avenue, . Lloyd-White-Skinner Subdivision a distance of 192.00 feet; thence S0593230"W. along a fine 18 feet west of and parallel with: the westerly right of way Une.of Coronado Avenue as shown on the plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly right of way line of said First Avenue; thence N84°27'30°W along said southerly right of way line a distance of 192.00 feet'to the Point of Beginning, LESS AND EXCEPT THE FOLLOWING 3 PARCELS: t The southerly 20.0 feet of Lot 55, TOGETHER WITH Lots 56 and 103 LESS The.southerly-20.0 feet thereof; TOGETHER WITH the southerly 30.0 feet:of Lot 102, LLOYD-WHITE-SKINNER SUBDIVISION, as recorded in Plat. Book 13, page 12,.Public Records of Pinellas .County, Florida. TWO: PARCEL D THE EASTERLY 18.0 FEET. OF LOTS 97, 98, 99, 100, AND 101; TOGETHER WITH THE EASTERLY 18.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0 FEET THEREOF, LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. Page 4 of 5 THREE: PARCEL. C THE EASTERLY 18 FEET OF LOT 93; 7OGEIHER* WITH THE WESTERLY 1.66 FEET OF THE RIGHT OF WAY OF CORONADO DRIVE ABUTTING LOT 93, LLOYD-WHITE-SKINNER . SUBDIVISION AS RECORDED IN PLAT. BOOK 13, PAGE 12, . PUBIJC RECORDS OF PLNELLAS COUNTY,- RORIDI+; TOGETHER WITH A PORTION OF LOT 1, MM A. COI UMBU SUBDMS'ION AS RECORDED IN PLAT BOOK 23, PAGE 60, PUBLRC RFC OF PMlLAS.000NTY, FLORIDA, AND TOGETHER. WITH A PORTION OF. THE WF3TIXY 1 FOOT OF THE PLATTED RIGHT OF WAY OF CORONADO DRIVE ADJACENT TO SAID LOT 1, ALL OF THE ABOVE BEING FURTHER DESCRIBED AS FOLLOWS: ° . . BEGINNING AT THE SOUTHEAST CORNER OF LOT 91 LLOYD=WRITE-SKINNER. SUBDMSIOK THENCE H847r3O*W.ALONG THE SOUTHERLY BOUNDARY OF LOT 93 A DISTANCE OF 18.00 FEET; ,THENCE NO5'32'30"E ALONG A LINE IS FEET WESTERLY OF AND PARALLEL TO THE MTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 132.32 FEET; THENCE 524 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A CHORD OF 523 FEET AND A CHORD BEARING N01'47' I TO A POINT ON A NON TANGENT CURVE; .THENCE 35.43 FEET. ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 28.66 FEET, A CHORD OF 33.22 FEET AND A CHORD BEARING S30'04'20'E; THENCE N90'00'00'E, Xm(; THE. EASTERLY PROJECTION OF THE NORTHERLY BOUNDARY OF SAID LOT 93 A DUNCE OF. 0.86 FEET THENCE SOS32'30"W, ALONG A LINE 1.86 FEET EASTMY•'OF AND PARALM TO THE EC ERLY BOUNDARY. OF SAID LOT. 93 A DISTANCE OF 110.62.IEET; TIiM N8,VV30'W A DISTANCE OF 1.86 FEET TO THE POINT OF BEGINNING. Page 5 of 5 EXHIBIT H REQUIRED PERMITS AND APPROVALS 1. . Site plan approval 2. Conditional Approval of Vacations/Dedications 3. Piling & foundation permit 4. Demolition permit 5. Site alteration/drainage permit 6. Utility relocation permit 7. Vacation of rights of way approval, conditions and replat approval 8. SWFWMD ERP permit or exemption 9. FDEP sewer permit 10. Pinellas County Health Department Water Permit 11. Building permits package a. structural b. mechanical c. electrical d. plumbing .12. Easement Agreement 13. Cafe Seating License .14. _ Landscape, Irrigation & Lighting Permit from Recreation and Parks Department .15. Land Exchange EXHIBIT I COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: E.D. Armstrong III., Esquire Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, Florida 33756 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this _day of 2008 by K & P Clearwater Estate, LLC„ a Florida limited liability company ("Developer"). WITNESSETH- WHEREAS, Developer is the owner of the real property legally described on Schedule A attached hereto and incorporated herein by reference (the "Real Property"); and ies to that WHEREAS, Developer and the City of Clearwater, Florida (the "City") are part certain Development Agreement dated , 2008 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a multi-use project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum 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 single destination resort hotel and a timeshare/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 Interval Ownership Units to be constructed as a part of the Project (the "Interval 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 Interval Ownership or Hotel Units are operated and occupied as part of the Project as a single unified proj ect throughout the term ofthis Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Interval Ownership Units may be operated by a single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of )2008. Witnesses: K & P CLEARWATER ESTA'T'E, LLC, a Florida limited liability company By: K & P Partners Limited Partnership, a Florida limited Partnership, Manager By: K & P Holding, Florida limited liability company, General Partner By: . -- - Kiran C. Patel Managing Member State of Florida County of Pinellas The foregoing instrument was acknowledged before me this day of , 2008, by Kiran C. Patel, Managing Member of K & P Holding, L.C., a Florida limited liability company, General Partner of K & P Partners Limited Partnership, a Florida limited partnership, Manager of K & P CLEARWATER ESTATE, LLC, a Florida limited liability company on behalf of the corporation, who is personally known to me or who produced as identification. By:_ Signature of Notary Public My Commission Expires: Printed, typed or stamp 2 Schedule "A" to Exhibit "I" Parcel I: Lot 1, Block "A", COLUMBIA SUBDIVISION, according to plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of Gulf View Boulevard adjacent to said Lot 1, and the vacated westerly 1 foot of Coronado Drive adjacent to said Lot 1, said vacated portions being shown by Resolution filed November 27,1959, in O.R. Book 757, Page 40, Public Records of Pinellas County, Florida, and also Lots 44, 45, 46, 47, 90, 91, 92, 93, 94, 95, 96 and 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, according to plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida, together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93. Parcel II: Lots 48, 49, 50, 51, 52 and 98, The Lloyd White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida. Parcel III: Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot 103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida. Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida. TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 794708: Page 1 of 5° ORDINANCE 7947-08 A PARCEL OF LiA BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED 0 LAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT Tai ?t F, AS RECORDED IN PLAT BOOK•23; PAGE 60, OF THE PUBIC RE - OF PINELLAS COUNTY, FLORIDA, AND BEING A PART OF SAID EW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD- WHITE ER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECO PLAT BOOK 13, PAGES'12 AND 0, OF THE PUBLIC REC F PINELLAS COUNTY, FLORIDA; ALL LYING IN THE EAST 1/20F SEC?I'N TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS_COUNTY , FLQ}1pAlBEING MORE PARTICULARLY DESCRIBED BELOW: EdANING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD- ITE-SKINNER SUBDIVISION: THENCE S.05'32'30..W. ALONG THE EAST .MHT OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET ;FO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05'32'300W., A ,iDISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.05-32'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF i VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF. 160.45 FEET;'7HENCE N.84027'30'W., A DISTANCE OF 34.98 FEET; THENCE _ N.05.32'3TE. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 456.33 FEET; THENCE-S.41'28"1 8'E., A DISTANCE OF 16.55 FEET; THENCE S.05.29'40"W., A DISTANCE OF 0.58 FEET; THENCE 8.84030'20"E.; A DISTANCE OF 6.00 FEET; THENCE N.0502940'E., A DISTANCE OF 18.97.FEET; THENCE CONTINUE N.05029'40'E., A DISTANCE OF.1.03 FEET; THENCE N.41-00'13"W., A DISTANCE OF'17.95 FEET; THENCE N.48031'37"E., A DISTANCE OF 14.15 FEET; THENCE N.90000'00"E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-0F-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD-OF 26.18 FEET A,ND A CHORD BEARING OF S.28.11'29"W.; THENCE S.05032'30"W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF. 0.88 FEET; THENCE N.90'00'00'W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING. AND Page 2 of 5 ORDINANCE 7947-08 A- PARCEL OF LANbiEING A PART OF . GULF.VIEW BOULEVARD; AS DEPICTED ON iF3jLP?T OF COLUMBIA SUBDIVISION, ACCORDING TO HE PLAT THEREQF.,,AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECpW >OF PINELLAS COUNTY, FLORIDA, LYING-IN THE EAST'/: OF SEC110 t,\WNSHIP 29 SOUTH; RANGE 15 EAST; AND THE WEST'/ OF SECTI 'l1OWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS-000NTY, . FLORIDA G MORE PARTICULARLY DESCRIBED AS FOLLOWS: OF LLOYD- . • COM ? GAT .THE NORTHWEST CORNER OF LOT 44, `WHI?kINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS R d1 btD ON PLAT BOOK 13, PAGE •12 AND 13, OF THE PUBLIC RECORDS 0ELLAS COUNTY, FLORIDA; THENCE N.90000'00"E., ALONG THE ?Q¢Q? BOUNDARY OF SAID LOT 44. A DISTANCE OF 3.82 FEET, THENCE # `05° 2'30"E ALONG.THE EASTERLY RIGHT OF WAY LINE OF AFORESAID F VIEW BOULEVARD, A DISTANCE OF •0.88 FEET. TO POINT OF A :t9RVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF- MAY OF GULF VIEW BOULEVARD BEING ACURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A ~ "CHORD BEARING OF N.28°11 '29'E. TO THE POINT OF,BEGINNING; THENCE N90°00'00'W.; A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT- CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET. A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63°52'46"E.; THENCE 8.89°54'00E., A DISTANCE OF 79.18 FEET TO A.POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING S.45059'54'E. TO A POINT OF NON-TANGENT CURVE; THENCE WESTERLY' ALONG THE SOUTHERLY RIGHT-OF=-WAY OF • AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD OF.11.89 FEET AND A CHORD BEARING . N77°5543'W.; THENCE N.8954'00"W. ALONG SAID SOUTHERLY RIGHT-0F-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF 145.71 FEET. TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID SOUTHERLY RIGHT OF-ASY OF AFORESAID GULF VIEW . BOULEVARD BEING A CURVE.TO THE CURVE TO THE LEFT HAVING A RADIUS OF.34.00 FEET, AN ARC OF 23.30 FEET, A CHORD OF 2284. FEET AND A CHORD BEARING OF S.70"2747"W.TO THE POINT OF BEGINNING. Page 3 of 5 TOGETHER WIM THE FOLLOWING PARCEL VACATED..BY ORDINANCE, 7948-08.: Vacate a portion of the. 60-foot right-of-way.of First Avenue, (AKA. First Street per field), the plat of Lloyd-White-Skinner. Subdivision as recorded In Plat Book 13, Page 12 of the public, records- of Pinellas County, Florida, more particularly From the southwest comer of Lot 55, ' Lloyd-White-Skinner described as:' `From'* Subdivision, as.recorded In Plat Book 13, Page 12 of the Official Records of Pinellas County, Florida,'* run thence N05°3Z'30"E along the easterly right of way :. r.line.of_Gulf Vew.Boulevard as shown on said-plat a distance of 335.00 feet to the Point of Beginning; said point also being the northwest comer of Lot 48 of said Lloyd White Skinner subdivision, thence'N05°32'30T 60.00 feet to the southwest comer of Lot 44, Lloyd-White-Skinner Subdivision; thence S84°27'30"E along the northerly right. of way line Of First Avenue, . Lloyd-White-Skinner Subdivision a distance of 192.00 feet; thence 605°32'30"W. along a One 18 feet west of and parallel with: the westerly right of way frne.of Coronado Avenue as shown on the plat of Lloyd-White-Skinner Subdivision a distance of 60.00 feet to the southerly right of way line of said First Avenue; thence N84*2r30. W along said southerly right of way line a distance of 192.00 feet'to the Point of Beginning, LESS AND EXCEPT THE FOLLOWING 3 PARCELS: M: The southerly 20.0 feet of Lot 55, TOGETHER WITH Lots 56 and 103 LESS The.southerly-20.0 feet thereof; TOGETEER.WTTH the southerly 30.0 feet of Lot 102, LLOYD-WHITE-SKINNER SUBDIVISION, as recorded in Plat Book 13, Page 12,.Public Records of Pinellas County, Florida. TWO: PARCEL D THE EASTERLY 18.0 FEET. OF LOTS 97. 98, 99, 100, AND 101; TOGETHER WITH THE EASTERLY 18.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0 FEET.THEREOF, LLOYD-WHITE-SKINNER SUBDMSION AS RECORDED IN PLAT BOOK 13. PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA Page 4 of 5 THREE: PARCEL C THE EASTERLY 18 FEET OF LOT 93; TOGETHER' WTH THE WESTERLY 1.86 FEET OF THE RIGHT OF WAY OF CORONADO DRIVE ABMTING LOT 93. LLOYD-WHITE-SKINNER . SUBDIVISION AS RECORDED IN PLAT. BOOK 13, PAGE 12.. PUBLIC RECORDS OF PINELLAS COUNTY.. FLORIDA; TOGETHER WITH A PORTION OF LOT 1, BLOCK A. COLUMBIA SUBDIVISION AS RECORDED IN PLAT BOOK 23. PAGE 60, PUBLIC RECORDS OF PINEILAS. COUNTY. FLORIDA. AND TOGETHER. WITH A PORTION OF. THE WESTERLY 1 FOOT OF THE PLATTED RIGHT OF WAY OF CORONADO DRIVE ADJACENT TO SAID LOT 1. ALL OF THE ABOVE BEING FURTHER DMCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 93. LLOYD=WHITE-SKINNER. SUBDMSION, THENCE N8471'3D'W ALONG THE SOUTHERLY BOUNDARY OF LOT 93 A DISTANCE OF 18.00 FEET; THENCE N05'32'30'E ALONG A LINE 18 FEET wmTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 13232 FEET; THENCE 524 FEET ALONG THE ARC OF A CURVE TO THE LEFT "AVING A RADIUS OF 40.00 FEET, A CHORD OF 5.23 FEET AND A CHORD BEARING N01'47'31"E TO A POINT ON A NON TANGENT CURVE; .THENCE 35.43 FEET. ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 28.66 FEET. A CHORD OF 33.22 FEET AND A CHORD BEARING SXOe20'E; THENCE N90 00'00% ALONG THE . EASTERLY PROJECTION OF THE NORTHERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 0.86 FEET; THENCE SOS-V307W. HANG A LINE 196 FEET EASTERLY-OF AND PARALLEL TO THE EASTERLY . BOUNDARY. OF SAID LOT. 93 A DISTANCE OF 110.62. FEET; THENCE -N8427'301H A DISTMICE OF 196 FEET TO THE POINT OF BEGINNING. Page 5 of 5 EXHIBIT J EASEMENT AGREEMENT This instrument was prepared by and return to: E. D. Armstrong Ill, Esq. Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 GRA_INT OF EASEMENT This Grant of Easement is made this day of 2008, by THE CITY OF CLEARW ATER FLORIDA, a Florida municipal corporation, its successors and assigns ("Grantor") in favor of K & P CLEARWATER ESTATE, LLC, a Florida limited liability company, its successors, assigns and affiliates and their respective invitees and licensees (collectively, "Grantee"). WHEREAS Grantor is the fee owner of certain real property located in Pinellas County, Florida, as more particularly described in Exhibit "A," attached hereto and made a part hereof (hereinafter the "Easement Property"); and Grantee is the owner of certain adjacent real property located in Pinellas County, Florida, as more particularly described in Exhibit "B," attached hereto and made a part hereof (hereinafter, 'Benefited Property"), which Benefited Property is the intended site of a beachfront resort hotel including a parking garage facility to be constructed thereupon (the "Grantee Facilities"); and . Grantor desires to grant unto Grantee a non-exclusive, perpetual easement over, above, upon, through and across the Easement Property for all lawful purposes, including, without limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and such other access paths as may be agreed upon between the parties for the purposes of allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and restaurant operations and other facilities to provide concessions within the Easement Property, (iii) a pedestrian focal point and entrance to Beach Walk called the Palm Court area which may include a fountain and other aesthetic features, and (iv) an easement for the construction, use and occupancy of the sidewalks, landings, arcade, elevated sidewalks, stairwells, other access paths, cafe seating and other facilities as described in subsections (i), (ii) and (iii) above, including foundations and support columns and structures (collectively, the "Access Improvements"). Now, therefore, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby declare as follows: GRANT OF EASEMENT 1. Adoption of Recitals. The foregoing Recitals are hereby acknowledged as being true and correct, and the same are hereby adopted and made a part of this Grant of Easement. 2. Grant of Access Easement. Subject to the terms and conditions of this Grant of Easement, Grantor hereby conveys and grants to Grantee a non-exclusive, perpetual easement over, above, upon, through and across the Easement Property for all lawful purposes, including, without limitation: (i) pedestrian ingress and egress over sidewalks, stairwells, landings, arcade, elevated sidewalks, and such other access paths as may be agreed upon between the parties for purposes of allowing Grantee access to the Grantee Facilities, (ii) rights for and access to cafe seating, retail and restaurant operations and other facilities to provide concessions within the Easement Property, and (iii) an easement for the construction, use and occupancy of the Access Improvements, including foundations and support columns and structures. Notwithstanding anything herein to the contrary, Grantee acknowledges and agrees that its right to use and enjoy the easements granted hereunder shall upon completion of construction of improvements upon the Benefited Property remain in effect for so long as Benefited Property is developed and used in substantial accordance with the uses permitted under that certain Amended and Restated Development Agreement recorded in O.R. Book , Page , Public Records of Pinellas County, Florida, as subsequently amended from time to time (e.g., beachfront resort hotel associated parking garage facility and related facilities). 3. General. This Grant of Easement shall be binding upon both Grantor and Grantee, as =well as all of their successors and assigns, and shall constitute covenants appurtenant to and rurafing with the land described herein, and shall inure to the benefit and be binding upon the heirs, successors, assigns, tenants, agents, employees, guests and invitees of Grantee, and their successors and assigns. 4. Maintenance. Grantee shall be responsible for the construction and maintenance of the Access Improvements located on the Easement Property in a state of good condition and repair. Grantee shall perform all construction and maintenance in accordance with all applicable laws, codes and ordinances. 5. Notices. All notices, requests, demands and other communications which are required or may be given under this Grant of Easement shall be in writing and shall be deemed to have been given: (a) when received, if personally delivered; (b) the day after being sent, if sent for next-day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); or (c) five days after being sent, if sent by certified or registered mail. 6. Attorneys' Fees. In the event of any dispute arising out of this Grant of Easement or any instrument given in connection herewith, or in the event it shall become necessary for any party to employee counsel to protect the party under this Grant of Easement or any instrument given in connection herewith, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs, whether incurred out of court or in litigation, including fees and costs incurred for representation on appeals, expert witness fees and costs for paralegal assistance. 2 7. Binding Effect. This Grant of Easement, and all the terms, conditions, covenants, representations and warranties hereunder, shall be binding upon, and inure to the benefit of, the parties, their respective personal representatives, heirs, successors and permitted assigns. 8. Waivers. No action taken pursuant to this Grant of Easement, including any investigation by or on behalf of any party, shall be deemed to constitute a waiver by the party taking such action of compliance with any representation, warranty, covenant or agreement contained herein, therein or in any document delivered in connection herewith or therewith. The waiver by any party to this Grant of Easement of a breach of any provisions of this Grant of Easement shall not operate or be construed as a waiver of any subsequent breach of such provision or as a waiver of any breach of any other provision of this Grant of Easement. 9. Construction and Venue. The formation, interpretation and performance of this Grant of Easement shall be construed pursuant to and governed by the laws of the State of Florida. The parties hereto hereby agree that the venue of any action, proceeding, claim, counterclaim, cross claim, or other litigation arising out of this Grant of Easement shall be in Pinellas County,. Florida. 10. Headings. The headings of the various sections in this Grant of Easement are inserted for the convenience of the parties and shall not affect the meaning, construction or interpretation of this Grant-of Easement. 11. Pronouns. The masculine pronoun, wherever used herein, shall mean or include the feminine or neuter pronoun wherever applicable, and whenever words are used herein in the singular .or plural form, they shall be construed as tholagb they were also used in the other form., in :all cases where such should apply. 12. Severability. If any clause or provision herein contained operates or would operate to invalidate this Grant of Easement in whole or in part, then such clause or provision shall only be deemed severed and not a part hereof, as though not contained herein, and the remainder of this Grant of Easement shall remain operative and in full force and effect. 13. Entire Agreement; Amendment. This Grant of Easement and all exhibits and schedules attached hereto together constitutes the entire agreement between and among the parties with respect to the subject matter hereof, which agreement supersedes all prior agreements and understandings, oral or written, between and among the parties to this Grant of Easement with respect to the subject matter hereof. This Grant of Easement may not be modified or otherwise amended except by a written instruction expressly referring to this Grant of Easement and executed by the party to this Grant of Easement against whom such amendment is sought to be enforced. 3 IN WITNESS WHEREOF, the undersigned has executed this Grant of Easement this day of 2008. Countersigned: Frank V. Hibbard Mayor Approved as to form: GRANTOR: CITY OF CLEARWATER, FLORIDA BY: William B. Horne II City Manager Attest: Pamela K. Akin Cynthia E. Goudeau City Attorney Citv Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) The foregoing instrument was acknowledged before me this day of :.'008. by William B. Home II, as City Manager of the CITY OF CLEARWATER, FLORIDA, a. Florida municipal: corporation, on behalf of the corporation. He [is personally known to me] or [produced as identification]. Notary Public - - Signature Print Name: My Commission Expires: 4 GRANTEE: Witnesses: K & P CLEARWATER ESTATE, LLC, a Florida limited liability company By: K & P Partners Limited Partnership, a Florida limited Partnership, Manager By: K & P Holding, L.C., a Florida limited liability company, General Partner By?- - ------ ` Kiran C. Patel Managing Member STATE OF FLORIDA ) COUNTY OF PINETLAS ) The foregoing instrument was acknowledged before me this ____ day of 2008, by Kiran C. Patel, Managing Member of K. . P Holding, L.C., a Florida limited iiability company, General Partner of K. & P Partners Limited Partnership, a Florida limited .partnership, Manager ofK & P CLEARWA'TER ESTATE, LLC, a Florida limited liability company; or, behalf of the companies, who [is personally known to me] or [produced as identification]. Notary Public - Signature Print Name: My Commission Expires: #437623 v) -Giant of Easement 5 EXHIBIT "A" LEGAL, DESCRIPTION OF EASEMENT PROPERTY [Easement areas are depicted on the attached sketch. The legal descriptions are to be provided prior to issuance of building permits.] - !1- GMliK WME TIpI LIME _.. _.. _..-?...._.. _.. _.._.. _.. _. .._.. _.. _: ?. ..?ra. .?+ _ .. _ .. :n 7-7 I.:?{??.? ' F?.? - ?r 1.2 rH:'• ?7 ',r.. ?"?? / %//1 r ? ili , .ai ?J ? ? ?j,. I ,?ae„r ?yvv '.?G > ?rv. r4?; {? 1,?? :.4. I,i} .,L•?1 Y n. .11 m 11 1.-1 _ . i.. _. - - -_ _ . _.. ... .. .. _..... .. .. t . . r ... . ®N & PALM COURT LAYOUT uue: r . le•-o• L CLEARWATER BEACH RESORT & HOTEL Zw FvsTEx no Noicxs BOSC CLEARWATER, FLORIDA w WOVE SEPTEMBER 15, 2008 PROPOSED by THE RELATED GROUP c-4J EXHIBIT "B" LEGAL DESCRIPTION OF BENEFITED PROPERTY Parcel I: Lot 1, Block "A", COLUMBIA SUBDIVISION, according to plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida, together with the vacated Southerly 1 foot of Gulf View Boulevard adjacent to said Lot 1, and the vacated westerly I foot of Coronado Drive adjacent to said Lot 1, said vacated portions being shown by Resolution filed November 27,1959, in O.R. Book 757, Page 40, Public Records of Pinellas County, Florida, and also Lots 44, 45, 46, 47, 90, 91, 92, 93, 94, 95, 96 and 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, according to plat thereof recorded in Plat Book 13, Pages 12 and 13, Public Records of Pinellas County, Florida, together with the vacated westerly 1.86 feet of Coronado Drive adjacent to said Lot 93. Parcel II: Lots 48, 49, 50, 51, 52 and 98, The Lloyd-White-Skinner Subdivision, according to the map or plat thereof as recorded in Plat Book 13, Page 12, Public Records of Pinellas County, Florida. Parcel III: Lot 55, North 40 feet of Lot 56, South 20 feet of Lot 101, all of Lot 102, and the North 30 feet of Lot 103, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida. Lots 53, 54, 99, 100 and the Northerly 30 feet of Lot 101, LLOYD-WHITE-SKINNER SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 13, pages 12 and 13, Public Records of Pinellas County, Florida. TOGETHER WITH THE FOLLOWING PARCELS VACATED BY ORDINANCE 7947-08: Page 1 of 5 ORDINANCE 7947-08 A PARCEL OF IA EING A PART OF GULF VIEW BOULEVARD, AS DEPICTED 0 LAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT TN ?t F, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RE OF PINELLAS COUNTY, FLORIDA, AND BEING A PART OF SAID EW BOULEVARD, AS DEPICTED ON THE PLAT OF LLOYD- WHITE ER SUBDMSION, ACCORDING TO THE PLAT THEREOF, AS = RECD PLAT BOOK 13, PAGES* 12 AND T3, OF THE PUBLIC REC F PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST 14 OF SEGTN 71 TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLQI1pA?BEING MORE PARTICULARLY DESCRIBED BELOW: V E?Ii?INING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD- ITE-SKINNER SUBDIVISION: THENCE S.05°32'30"WALONG G THE EAST BHT-OF-WAY OF GULF VIEW $OULEVARD, A DISTANCE OF 90.06 FEET `TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05°3230°W., A ,'DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.05'32'30"W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE ALONG SAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 160.45 FEET; THENCE N.8402730'W., A DISTANCE OF 34.98 FEET; THENCE _ N.05°32'30"E. ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD A DISTANCE OF 456.33 FEET, THENCE -S.41'28'18'E,, A DISTANCE OF 16.55 FEET, THENCE S.0502940°W,, A DISTANCE OF 0.58 FEET,'-THENCE I S.84'30'20'E.; A DISTANCE OF 6.00 FEET, THENCE N.05"29'40'E., A DISTANCE OF 18.97 FEET; THENCE CONTINUE N.05°29'40'E., A DISTANCE OF.1.03 FEET, THENCE N.41"00'13"W., A DISTANCE OF'17.95 FEET; THENCE N.48'31'37'E., A DISTANCE OF 14.15 FEET, THENCE N.90000'00"E., A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 26.87 FEET, A CHORD-OF 26.18 FEET AND A CHORD BEARING OF S.28°1 1'29"W.; THENCE S.05"32130"W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90000'00°W., ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING. AND Page 2 of 5 ORDINANCE 7947-08 A 'PARCEL ` OF. LAND-BEING A PART OF GULF. VIEW BOULEVARD; AS DEPICTED ON -Tg.iPjLAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE PLAT THERE0 RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC REC {?DOF PINELLAS COUNTY, FLORIDA, LYING IN THE EAST OF SECTI0 T, WNSHIP 29 SOUTH,' RANGE 15 EAST; AND THE WEST 34 OF SECTI OWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS-000NTY, . FLORIDA G MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM G AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD. ?WH1 NNER SUBDIVISION. ACCORDING TO THE PLAT THEREOF, AS REC tl) ON PLAT BOOK 13, PAGE-12 AND 13, OF THE PUBLIC RECORDS ELLAS COUNTY, FLORIDA; THENCE N.90'00'00'E., ALONG THE { BOUNDARY OF SAID LOT 441 A DISTANCE OF. 3.82 FEET; THENCE 2104E ALONG.THE EASTERLY RIGHT OF WAY LINE OF AFORESAID VIEW BOULEVARD, A DISTANCE OF.0.88 FEET. TO POINT OF A rPkVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF. NW.-AY OF GULF VIEW BOULEVARD BEING A'CURVE TO THE RIGHT HAVING A. . ,RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26:18 FEET, AND A CHORD BEARING OF N28011290E. TO THE POINT OF.BEGINNING; THENCE . N90'00'00"W.; A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF. 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET AND A, CHORD BEARING OF N.63'52460E.; THENCE 8.89°54'006E., k DISTANCE OF 79.18 FEET TO A POINT OF CURVE; .THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING- S.4505954`E. TO A POINT OF NON-TANGENT CURVE; THENCE WESTERLY *ALONG THE SOUTHERLY _ RIGHT-OF=WAY OF' AFORESAID GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD OF.11.89 FEET AND A . CHORD BEARING . N77065'43'W.; THENCE N.8954'00"W. ALONG SAID SOUTHERLY RIGHT-OP-WAY OF GULF VIEW BOULDVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE WESTERLLY ALONG SAID SOUTHERLY RIGHT-OF-ASY OF AFORESAID GULF VIEW, BOULEVARD BEING A CURVEJO THE CURVE TO THE LEFT HAVING A RADIUS OF.34.00 FEET, AN ARC OF 23.30 FEET, A CHORD OF 22.84. FEET AND A CHORD BEARING OF S.70'2747'W.TO THE POINT OF BEGINNING. Page 3 of 5 Vacate a portion of the.60-foot right-of-way of First Avenue, (AKA. First Street per field), the.plat of Lloyd-lNhite-Skinner Subdivision as recorded in Plat Bock 13, Page 12 of the public, records. of Pinellas County, Florida, more particularly 'described as: .From ` the `southwest comer of Lot 55, Lloyd-White-Skinner Subdivision, as.recorded. In. 'Plat 13, Page 12 of the Official Records of Pinellas County, Florida;:run.thence-N05°32'30"E along the easterly right of way line.of.Gulf Vew.Bdulevarii as shown on said-plat a distance of 335.00 feet to the Point of Beginning; -said polnt also being the northwest comet of Lot 48 of said Uoyd White Skinner subdivision, thence N05°32'30'12 60.00 feet to the southwest comer:of Lot 44, Lloyd-White-Skinner Subdivision; thence S84°27'30"E along the northerly right. of way line Of First Avenue, Lloyd-White-Skinner Subdivision a distance of 192.00 feet; thence S05032"30"W. along a line 18 feet west of and parallel with. the westerly right of way rine.of Coronado Avenue as shown oin the plat of Uoyd-WhiteSkinner Subdivision a .distance or60.00 feet to the southerly right of way line of said First Avenue; thence N84°27'30"W along said southerly right of war fine a distance of 192.00 feet'to the Point of Beginning, LESS AND EXCEPT THE FOLLOWING A PARCELS: • ?N1r : . The southerly 20.0 feet of Lot 55, TOGETHER WITH Lots 56 and 103 LESS The.southerly•20.0 feet thereof; TOGETHER WITH the southerly 30:0 feet of Lot 102,'LLOYD-•WHTTE-SKINNER SUBDIVISION, as recorded in Plat Book 13, {gage 12,.Public Records of Pinellas .County, Florida. TWO: PARCEL 0 THE EASTERLY 18.0 FEET, OF LOTS 97, 98, 99, .100,. AND 101; TOGETHER-WITH THE EASTERLY 18.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0 FEET . THEREOF, LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK 13. PAGE 12, PUBLIC RECORDS OF PINEU.AS COUNTY, FLORIDA. Page 4 of 5 THREE:. PARCEL C THE EASTERLY 18 FEET OF LOT 93, TDGEMM' WITH THE WESTERLY 1.86 FEET OF THE RIGHT OF WAY OF CORONADO DRIVE ABUTTING LOT 93, LL0 D-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT. BOOK 13, PAGE i 2, . PUBLIC RECORDS OF PINELLAS COUNTY,. FLORIDA TOGETHER WITH A PORTION OF LOT 1. BLOCK A. COLUMBIA SUBDIVISION AS RECORDED IN PLAT BOOK 23. PAGE 60, PUBLIC RECORDS OF PINEI.M. COUNTY. FLORIDA, AND TOGETHER, WITH A PORTION OF. THE WESTERLY 1 'FOOT OF THE PLATTED RIGHT OF WAY OF CORONADO DRIVE ADJACENT TO SAID LOT 1. ALL OF THE ABOVE BEING FURTHER DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF LOT 93. UDYp-MM-SKMER. SUBDIVISION, THENCE N847r30'W ALONG THE SOUTHERLY BOUNDARY OF LOT. 93 A DISTANCE OF 18.00 FEET; THENCE N0532'30`E ALONG A LINE 18 FEET WESTERLY OF AND PARALLEL .70 THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 132.32 FEET; THMM 5.24 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A ROM OF 40.00 FEET, A CHORD OF 5.23 FEET AND A CHORD BEARING NOi'47'31'E TO A POINT ON A NON TANGENT' CUM- THENCE 35,43 FEET.ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 28.66 FEET. A CHORD OF 33.22 FEET AND A CHORD BEARING S3704'20'E; THENCE N9O 00'00'1:. ALONG THE EASTERLY PROJECTION OF THE NORTHERLY BOUNIARY OF SAID LOT 93 A DISTANCE OF. 0.86 FEET; THENCE SO632'30'W. ALONG A LJNE 1.86 FIST EASTI:RLY.'OF AND ?mLLEL To THE EASTERLY BOUNDARY..OF SM LOT. 93 A DISTANCE OF 110.62. FEET. THENCEN8CV30'W A DISTANCE OF 1.86 FEET TO THE POINT OF BEGINN G. Page 5 of 5 EXHIBIT K LAND EXCHANGE AGREEMENT AMENDED AND RESTATED CONTRACT FOR EXCHANGE OF REAL PROPERTY THIS AMENDED AND RESTATED CONTRACT FOR EXCHANGE OF REAL PROPERTY is made on , 2008, by and between the CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation ("City"), and K & P CLEARWATER ESTATE, LLC, a Florida limited liability company, its successors and assigns ("Owner"). RECITALS: A. City and Owner entered into that certain Contract for Exchange of Real Property, dated March 3, 2005, pertaining to the exchange of real property located in Pinellas County, Florida, (the "Contract"). B. The Contract is an exhibit to the Development Agreement between the parties, recorded in U.R. Book 14168, Page 2397, as amended by First Amendment to Development Agreement recorded in U.R. Book 15023, Page 1494, all in the public records of Pinellas County, Florida (collectively, "Development Agreement"). C. The site plan approved in conjunction with the Development Agreement is being revised including removal of the proposed pedestrian bridge, which revision necessitates the vacation and conveyance of the right-of-way under the former pedestrian bridge location. D. Title records have revealed that portions of previously vacated rights-of-way reverted in title to the City which necessitates the conveyance of those rights-of-way to Owner. F. Accordingly, the parties wish to amend and restate the Contract for the purpose of clarifying the descriptions of the land to be exchanged. NOW, THEREFORE, in consideration of the mutual promises contained herein, the Contract is hereby amended and restated to read: 1. Exchanee of Property. The City shall convey to the Owner title to certain parcels of real property referred to as "City Parcels" which are described in Exhibit "A" to this Contract. The Owner shall convey to the .City title to certain parcels of real property referred to as "Owner Parcels" which are described in Exhibit "B" to this Contract. The conveyance of the City Parcels shall constitute full consideration for the conveyance of the Owner Parcels. The conveyance of the Owner Parcels shall constitute full consideration for the conveyance of the City Parcels. 2. Definitions. In this Contract, "Seller" shall mean the City with respect to the City Parcels and the Owner with respect to the Owner Parcels. "Purchaser" shall mean the Owner with respect to the City Parcels and the City with respect to the Owner Parcels. These terms are used for convenience and do not imply the payment of any compensation other than conveyance of real property in exchange for real property. 3. Legal Descriptions. Legal descriptions of the properties being exchanged between the parties are as follows: a. City Parcels (to be conveyed to Owner) - See Exhibit "A" attached. attached. b. Owner Parcels (to be conveyed to City) - See Exhibit "B" 4. Purchase Price. It is mutually agreed that the transfer of the City Parcels by the City to the Owner and the transfer of the Owner Parcels by the Owner to the City shall constitute the full and sufficient consideration for the exchange of the parcels. 5. Contineencies. The exchange proposed in this contract shall be contingent upon (1) the final approval by the governing council of the City (the."Council") of an amended and. restated version of the Development agreement which, (2) the City's issuance of a vacating ordinance for Parcel J, which is more particularly described on Exhibit "C" attached hereto ("Parcel J"), and (3) the issuance of the first foundation permit for the Project to the Owner pursuant to Development Agreement. 6. Closing Date. The real property exchange transaction described in this Contract shall be closed and the deeds and other closing papers delivered following the effective date of the vacating ordinance for Parcel J and within ten (10) days following the issuance of the first building permit for the Project as defined in the Development Agreement. 7. Title Evidence. As a condition of closing, the Owner shall order and provide at its own expense a commitment for title insurance in the amount of the appraised value of the City Parcels as determined in accordance with City' Charter requirement 2.0(1)(d)59iv, which commitment shall show a marketable fee simple title in the name of the City as to the City Parcels subject to only Permitted Exceptions (defined below). The Owner shall have ten (10) days after delivery of said commitment for the examination thereof, and within said period shall notify the City in writing of any objections to said title. If this notification is not given within said time period, then said title shall be conclusively deemed to be acceptable to the Owner. In the event that the title to the City Parcels is not good and marketable or is subject to other than Permitted Exceptions, the City shall have ten (10) days thereafter to perfect the title. If the defects are not cured within such time, then the Owner may cancel this Contract or waive the defects and accept the property without deduction on account of said defects. An owner's title insurance policy shall be issued insuring Owner as the owner of the City Parcels within a reasonable period of time following closing. 2 Also as a condition of closing, the Owner shall order and provide at its own expense a commitment for title insurance in the amount of the value of the Owner Parcels as determined in accordance with City Charter requirement 2.0(1)(d)59iv„ which commitment shall show a marketable fee simple title in the name of the Owner as to the Owner Parcels subject to Permitted Exceptions. The City shall have ten (10) days after delivery of said commitment for the examination thereof, and within said period shall notify the Owner in writing of any objections to said title. If this notification is not given within said time period, then said title shall be conclusively deemed to be acceptable to the City. In the event that the title to the Owner Parcels is not good and marketable or subject to other than Permitted Exceptions, the Owner shall have ten (10) days thereafter to perfect the title. If the defects are not cured within such time, then the City may cancel this Contract or waive the defects and accept the property without deduction on account of said defects. An owner's title insurance policy insuring the City as owner of the Owner Parcels will be issued to the City within a reasonable period of time after closing. The owner's title insurance policy naming the City as owner shall be underwritten by a title insurance company reasonably acceptable to the City. 8:. Permitted Exceptions. The parcels shall be conveyed to each Purchaser subject to no liens, charges, encumbrances, restrictions, exceptions, or reservations of any kind or character other than the following permitted exceptions: a. Zoning ordinances and land use regulations; b. Any easements, restrictions, or other matters that appear in the commitment -and/or survey (excluding standard exceptions) which are not objectionable exceptions; C. Any adverse ownership claim by the State of Florida by right of sovereignty to any portion of the lands insured hereunder, including submerged, filled and artificially exposed lands, and lands accreted to such lands; d. Any agreements between the parties that are part of this Contract; and e. Any standard exceptions not previously mentioned which are not capable of deletion. 9. Survey. The City Parcels are included in the boundary survey prepared by Suncoast Land Surveying, dated 5/2/08, Project No. 8021. The Owners Parcels are depicted in the sketch and legal descriptions included in Exhibit "B" attached to this Contract. The costs of the survey and any additional surveying work shall be borne by the Owner as to both the City Parcels and the Owner Parcels. 10. Closings and Possession. The real property exchange closings described in this Agreement shall be simultaneous, and as of the date of such closing, each transferee shall be in possession of that parcel transferred to said transferee. 11. Property Taxes. To the extent any property taxes are assessed, all property taxes shall be prorated at closing to reflect ownership of the respective parcels as of the closing date. 12. Closing Costs. The Owner shall pay the following closing costs and expenses in connection with the closing: a. All documentary stamps in connection with the conveyance of the property; b. The premium and all search fees payable for the owner's policies of title insurance for both parties; C. Recording fees in connection with those instruments necessary to render title acceptable to the Purchaser; and d. Owner's costs of document preparation and its attorneys' fees. The City shall pay its costs of document preparation and its attorneys'.fees. 14. Risk of Loss. The risk of loss or damage to the parcel to be conveyed by fire or otherwise, until delivery of deed, is assumed by the Seller. The Seller further agrees to maintain the parcel to be conveyed and to deliver said parcel to the Purchaser in the same condition as when the Contract was executed, .ordinary wear and tear excepted. 15. Assignability. This Contract may be assigned in the same manner as allowed in the Development Agreement. 16. No Brokers. Each party affirmatively represents to the other party that no brokers have been involved in this transaction and that no broker is entitled to payment of a real estate commission because of this transaction. 17. Notices. All notices which are required or permitted hereunder must be in writing and shall be deemed to have been given, delivered or made, as the case may be (notwithstanding lack of actual receipt by the addressee): (i) three (3) business days after having been deposited in the United States mail, certified or registered, return receipt requested, sufficient postage affixed and prepaid; or (ii) one (1) business day after having been deposited with an expedited, ovemight courier service (such as by way of example but not limitation, U.S. Express Mail or Federal Express), addressed to the party to whom notice is intended to be given at the address set forth below with all. delivery fees prepaid: As to Owner: K & P Clearwater Estate Attn: Dr. Kiran C. Patel 5600 Mariner, Suite 200 Tampa, Florida 33609 4 With a copy to: E. D. Armstrong III, Esq. Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 As to City: William B. Horne II City Manager City of Clearwater Post Office Box 4748 Clearwater, FL 33758-4748 With a copy to: Pamela K. Akin City Attorney Post Office Box 4748 Clearwater, FL 33758-4748 Any party may change the address to which its notices are sent by giving the other party written notice of any such change in the manner provided in this paragraph, but notice of change of address is effective only upon receipt. 18. Entire Contract. This Contract and the exhibits referenced herein embodies and constitutes the entire understanding among the parties with respect to the real property exchange transaction contemplated herein and all prior or contemporaneous agreements; understanding, representations and statements, oral or written, are merged into this contract. Neither this Contract nor any provisions hereof may be waived, modified, amended, discharged or terminated except by an instrument in writing signed by the party against which the enforcement of such waiver, modification, amendment, discharge or termination is sought, and then only to the extent set forth in such instrument. 19. Applicable Law. This Contract is construed in accordance with the laws of the State of Florida.. 20.. Headings. Descriptive headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Contract. 21. Binding Effect. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their heirs, personal representatives and successors by law. 5 22. Interpretation. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender and neuter and vice versa. This Contract and any related instruments shall not be construed more strictly against one party than against the other by virtue of the fact that initial drafts were made and prepared by counsel for one of the parties, it being recognized that this Contract and any related instruments are the product of extensive negotiations between the parties and that both parties have contributed substantially and materially to the final preparation of this Contract and all related instruments. 24. Other Agreements. No prior or present agreements or representations shall be binding upon either party unless included in this Contract or in the Development Agreement. No modification or change in this contract shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound thereby. 25. No Partnership, Etc. Nothing in this contract shall be construed to constitute the creation of a partnership or joint venture between the parties. 26. Counterparts. This Contract may be executed in several counterparts, each constituting a duplicate original, but all such counterparts constituting one and the same agreement. N WITNESS WHEREOF, the parties hereto have executed this Amended and Restated Contract for Exchange of Real Property as of the day and year first above written; provided. .:.however, that for the purpose of determining "the date hereof," as used in this Contract, such date shall be the last date any of the parties hereto executes this Contract. Countersigned: Frank Hibbard Mayor-Commissioner Approved as to form: Pamela K. Akin City Attorney CITY: CITY OF CLEARWATER, a Florida municipal corporation By: Date: Attest: William B. Home, 11 City Manager Cynthia E. Goudeau City Clerk 6 Witnesses: Signature Print name Signature Print name 10/10108 04:39 PM d-1 49313.115456 #450634 vl OWNER: K & P CLEARWATER ESTATE, LLC, a Florida limited liability company By: K & P Partners Limited Partnership, a Florida limited Partnership, Manager By: K & P Holding, L.C., a a Florida limited liability company, General Partner By: Kiran C. Patel Managing Member Date: (Corporate Seal) 7 EXHIBIT "A" 'r0 AMENDED AND RESTATED CONTRACT FOR EXCHANGE OF REAL PROPERTY CITY PARCELS Portion of Parcel G Parcel H Portion of Parcel J Parcel K Portion of Parcel G to be conveyed: That portion of the following parcel lying northerly of the westerly extension of the southerly lot line of Lot 1, Block "A," Columbia Subdivision, according to the plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida: PARCEL G A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COWMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED.. IN PLAT BOOK 23, PAGE 60, OF THE PUBIC RECORDS OF PINEU.AS COUNTY, FLORIDA, AND BEING A PART OF SAID GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF LLQYD-WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13. OF THE PUBLIC. RECORDS OF PINELLAS COUNTY, FLORIDA, ALL LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED BELOW: BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION: THENCE S.0S32'30'W. HANG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET TO THE SOUTHWEST CORNER OF SAID LOT 44; THENCE S.05'32'30'W., A DISTANCE OF 60.00 FEET TO THE NORTHWEST CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.OS34'08'W., ALONG AFORESAID EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE S.0531'211N. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 160.05 FEET; THENCE N.84'27'30'W., A DISTANCE OF 34.98 FEET; THENCE N.05'32'30'E. ALONG THE CENTERUNE OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 456.33 FEET; THENCE S.41'28'18'E, A DISTANCE OF 1645 FEET; THENCE S.05'29'40'W., A DISTANCE OF 058 FEET; THENCE S.84'3O'2D'E, A DISTANCE OF 6,00 FEET; THENCE N.0529'40'E, A DISTANCE OF 18.97 FEET; THENCE CONTINUE N.0629'40'E, A DLSAVVCE OF 1.03 FEET; THENCE N.41*00'13'W., A DISTANCE OF 17.95 FEET; THENCE N.48'31'37'E.. A DISTANCE OF 14.15 FEET; THENCE N.90`00'00'L. A DISTANCE OF 34.32 FEET TO A POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET. AN ARC OF 26.87 FEET, A CHORD OF 26,18 FEET AND A CHORD BEARING OF S.28'11'29"W.; THENCE S.OT32'30'W. ALONG SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90'00'00'W.; ALONG THE NORTH BOUNDARY OF AFORESAID LOT 44, A DISTANCE OF 3.82 FEET TO THE POINT OF BEGINNING. Exhibit "A" Page 1 of 5 Pdredi H PARCEL H A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, AND THE WEST 1/2 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINS LAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED' AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHITE-SIONNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE N.90'00-DO-E., ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE N.0632'30" E. ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD BEING ,A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET, AND A CHORD BEARING OF N.28'11'29" E. TO THE POINT. OF BEGINNING; THENCE N90'00'O0'W., A DISTANCE OF 29.08 FEET TO A POINT OF NON-TANGENT -CURVE; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 112.00 FEET, AN ARC OF 102.51 FEET, A CHORD OF 98.97 FEET AND A CHORD BEARING OF N.63'52'46"E; THENCE S.89'54'00"E., A DISTANCE OF 79.18 FEET TO A POINT OF CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET, AN ARC OF 61.30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING S.45'59547- TO A POINT OF NON-TANGENT CURVE; THENCE WESTERLY ALONG THE SOUTHERLY RIGHT-OF-WAY OF AFORESAID GULF VIEW BOULEVARD. BEING A CURVE TO THE LEFT HAVING A RADIUS OF 28.66 FEET, AN ARC OF 11.98 FEET, A CHORD OF 11.89 FEET AND A CHORD BEARING N77'55'43W.; THENCE N.89'54'00"W. ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 145.71 FEET TO A POINT OF CURVE; THENCE WESTERLY ALONG SAID SOUTHERLY R09-OF-WAY OF AFORESAID GULF VIEW BOULEVARD BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34.00 FEET, AN ARC OF 23.30 FEET, A CHORD OF 22.84 FEET AND A CHORD BEARING OF S.70'27'47W. TO THE POINT OF BEGINNING. Exhibit "A"• Page 2 of 5 Portion of Parcel J to be conveyed: That portion of the following parcel lying northerly of the westerly extension of the southerly lot line of Lot 1, Block "A," Columbia Subdivision, according to the plat thereof recorded in Plat Book 23, Page 60, Public Records of Pinellas County, Florida: PARCEL J A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHNIE'ST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT .30OK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINEUJ.AS COUNTY, FLORIDA, THENCE N90'00'00"F: ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE NOS32'30'E ALONG THE EASTERLY RIGHT OF. WAY LINE OF AFORESAID GULF VIEW BOULEVARD, SAID EASTERLY RIGHT OF WAY LYING 1.0 FEET WESTERLY OF THE WESTERLY BOUNDARY OF LOT 1, BLOCK A, COLUMBIA SUBDIVISION, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-0F-WAY OF GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEET, A CHORD OF 26.18 FEET. AND A CHORD BEARING OF N28'11'29'E; THENCE N90'0O'00'W, A DISTANCE OF 34.32 FEET; THENCE S48'31 VV. A DISTANCE OF 14.15 FEET FOR A POINT OF BEGINNING; THENCE S41'00'13'E, 17.95 FEET; THENCE SOS-29-40-W, 20.00 FEET; THENCE N84 30'20'W, 6.00 FEET; THENCE N05'29'401, 0.58 FEET; THENCE N41'28'18'W A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE CENTERLINE OF SAID GULF VIEW BOULEVARD; THENCE NOS32'30'E, ALONG SAID CENTERLINE A DISTANCE OF 15.06 FEET; THENCE WC31'37E, A DISTANCE OF 7.42 FEET TO THE POINT OF BEGINNING. CONTAINS: 416 SQUARE FEET (0.0096 ACRES), MORE OR LESS. Exhibit '.'A" Page 3 of 5 SKETCH of DESCRIPTION SHEET f OF 2 SIMS PARCEL K THE VACATED SOUTHERLY 1 FOOT OF GULF VIEW BOULEVARD ADJACENT TO LOT 1, BLOCK 'A'. COLUMBIA SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE 60. PUBLIC RECORDS OF PINELIAS COUNTY, FLORIDA AND A PORTION OF THE VACATED WESTERLY 1 FOOT OF CORONADO DRIVE ADJACENT TO SAID LOT 1, SAID VACATED PORTIONS BEING SHOWN BY RESOLUTION FILED NOVEMBER 27. 1959, IN O.R. BOOK 757. PAGE 40, PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF LOT 44. THE LLOYD-WHITE-SKINNER SUBDIVISION. AS RECORDED IN PLAT BOOK 13 ON PAGES 12 AND 13 OF THE PUBLIC RECORDS OF PINELIAS COUNTY, FLORIDA; THENCE NSO'00'00'E. ALONG THE NORTHERLY BOUNDARY THEREOF A DISTANCE OF 3.82 FEET; THENCE N05'32'30'E, 0.88 FEET TO A POINT OF CURVATURE; THENCE 50.17 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00 FEET, SUBTENDED BY A CHORD DISTANCE OF 45.74 FEET BEARING N4749'12TE; THENCE SBTSVDO'E, 145.71 FEET TO A POINT OF CURVATURE; THENCE 12.21 FEET ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADIUS OF 28.66 FEET. SUBTENDED BY A CHORD . DISTANCE OF 12.1.2 FEET. BEARING S7T41'47'E TO A POINT ON A NON-TANGENT CURVE; THENCE 1.11 FEET ALONG SAID CURVE TO THE RIGHT HAVING A RADIUS OF 40.00 FEET. SUBTENDED BY A CHORD DISTANCE OF 1.11 FEET, BEARING S01'09'52'E TO A POINT OF INTERSECTION WITH THE NORTHERLY BOUNDARY OF SAID LOT 1 AND A POINT ON A NON-TANGENT CURVE; THENCE 12.26 FEET ALONG THE ARC OF SAID CURVE TO THE LEFT HAVING A RADIUS OF 27.66 FEET. SUBTENDED BY A CHORD DISTANCE OF 12.16 FEET, BEARING N7712'09'W; THENCE N8T54'00'W, 145.71 FEET TO A POINT OF CURVATURE; THENCE 48.69 FEET ALONG THE ARC OF A CURVE TO THE LEFT HAVING A RADIUS OF 33.00 FEET. SUBTENDED BY A CHORD DISTANCE OF 44.39 FEET, BEARING S4749' 12'W; THENCE SOS32'30'W, A DISTANCE OF 0.78 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE N90rO0'O0'W, A DISTANCE OF 1.00 FEET TO THE POINT OF BEGINNING. CONTAINS: 208 SQUARE FEET (0.0048 ACRES), MORE OR LESS. NQIE4 1. NO OISTRUYEMS OF RESOr10 REFLECIWO FASEl9i M RIGHT OF WAY AND/OR LEGEND O WM FURNaIIED m mz sun= DmEPr As mm 2. 7M SKEM H DOES NOT W= OR MER10NE OMRFRS W PLS FFNEBM Y Lm on&= 3. USE OF 1H5 SKETCH BY ANYONE OTHER THAN THOSE PREPARED FOR 114L BE DE LB LEDW SO= RE-USERS SOLE WK MMOUr 11ABM TO W SURVEYOR. PUT low&= OESCIW410N 8i?010R 0® or M 4. IM SIUM WAS PREPARED WRHOUr DE BENEFIT OF A CURRENT 7W COAM MENr P08 MW CF BEt AND 5 SUBJECT TO FASnIDIM RIM-OF-MAY AND 9" UM M OF iRLE 5. W MAX RM ON DIE NORM MM W OF UJr 44 AS BEARDS N OWOD-E n PREMED FOW The R"fled G1rmp III DAN-- 4/28M DRAWING/ PARCEL-KAI"Proled I No.80¢1 Cha&ad By JAC Fldd Book SUNCOASP LAND SURVEMG, Inc. 111 FORMT LAKES BOULEVARD OLDSUAR. FLA. 34677 BOVNOARY -1OP06RJWlG - W68iC?1 SWD?UY 451/7q KM 03) 854-1342 FAX (SM 956-8890 SURVEYOR'S CERIFIGTE A e0ym 61 PIa(tl l --- h 07i Raw K CUR= "umd Is 9des am, ROM w mw uM 1 IM LE 000M WED n.W A ROM UO'. M YD Ylfi'61'.. 1 /1 1 ? Exhibit "A" Page 4 of 5 SKtTCH of DESCRIPTION SHEET 2 OF 2 SHEEIs SCALE : 1* .= 40' D' 20' 40' / GULF VIEW BOULEVARD \ marwwaon 1 / wow m OA 0M 14188 PAGE 2178 b \ 1 ?'? 14571' C2 N8954b0'1r M C4 ?' Nacaled sowwv fA' of pwr Vks gww d 1 , W OR. Odc 757 Paps 40 \ PWW ftar M7 us LOT 1 BLOCK A' Li _ EST COLUMBIA SlMMWN Plot Book 23 Pugs 60 706 •?? a 1 1 1---- -- E P.O B. rl t 1 + F P ? n W i I JHE LAT HRE ER t , PLAT BOOK 11 PAGE 1 -13 it lat p5 I 1i! (D) II 0 t 1 I 1 I? !b I II > W :311 LM 44 r fDr 45 i LOr 48 i Lr 47 i LOr 90 1 wr m i LOT a I {DI p3 ?! O ' t 1 1 I j I I I rl q? I- L.M 1-9_i- L Z7lQ I I f II 0 FRST A VENU - L 4 I eo• RCgr W rNr E I 0 i I I U NE EfA%W DLSTANCE t Lt L3 1.0 L4 L5 0. CURVE RADIUS OtiTA ANGLE ARC LENMH CHORD LENGTH CHORD BEAIONG C1 ? 50.1 45.74' N 4T49 12 E C2 24'241 12.21' 774147 C3 01'09 E C4 27. ? 25241 12.26' i?A 7712 - W C5 MR 84'32 48 47491 W S Exhibit "A" Page 5 of 5 EXHIBIT "B" TO AMENDED AND RESTATED CONTRACT FOR EXCHANGE OF REAL PROPERTY OWNER PARCELS Parcel C Parcel D SKETCH of bESCRIPTION SHEET 1 OF 2 SHEM Parcel C PARCEL C THE EASTERLY 18 FEET OF LOT 93; TOGETHER WITH THE WESTERLY 1.86 FEET OF THE RIGHT OF WAY OF CORONADO DRIVE ABUM NG LOT 93, LLOYD-WHITE-SKINNER - SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 12. PUBLIC RECORDS OF PIN AS COUNTY, FLORIDA; TOGETHER WITH A PORTION OF LOT 1, BLOC( A. COLUMBIA, SUBDIVISION AS RECORDED IN PLAT BOOK 23. PAGE 60, PUBLIC RECORDS OF PINELLAS COUNTY. RDRIQk AND TOGETHER WITH A PORTION OF THE WEST MY 1 FOOT OF THE PLATTED RIGHT OF WAY OF CORONADO DRIVE ADJACENT TO SAID LOT 1. ALL OF THE ABOVE BEING FURTHER DESCRIBED AS FOLLOWS' BEGINNING AT THE SOUTHEAST CORNER OF LOT 93. LLOYD-WHITE-SKINNER SUBDIVISION, THENCE N84'27'30'W ALONG THE SOUTHERLY BOUNDARY OF LOT 93 A DISTANCE OF 18.00 FEET; THENCE NOS'32'30'E ALONG A LiNE 18 FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 132.32 FEET; THENCE 524 FEET ALONG THE ARC OF A CURVE TO THE LEFT HIVING A ROM OF 40.00 FEET, A CHORD OF 5.23 FEET AND A CHORD BEARMG NO1'47'31'E TO A POINT ON A NON TANGENT CURVE; THENCE 35.43 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 28.66 FEET. A CHORD OF 33.22 FEET AND A CHORD BEARING S3Ta2D'E; THENCE N90'00'00'E, ALONG THE EASTERLY PROJECnON OF THE NORTHERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 096 FEET; THENCE S0S32'30'W. ALONG A LINE 196 FEET EASTERLY OF AND PARALLEL TO THE FASTERI.Y BOUNDARY OF SAID LOT. 93 A DISTANCE OF 110.62 FEET; THENCE NB4 27'30'W A DISTANCE OF 196 FEET TO THE POINT OF BEGINNING. CONTAIN: 2,568 SQUARE FEET (0.059 ACRES). MORE OR LESS. LEGEND NOim 1. ND W6i M EMIR OF RECORD REFU3: M EMBEM15, Riff OF WAY AND/OR 0WNMW I= FuRNISFED 70 IRIS SURNE M OM07r AS SHOWN. 2. 7M SW W DOM NOT R1t W OR DE OMW OWM3M P. PUS LB (tuP)] POB PIOF139 W UM SA1YEM L stisom MM a 03CRFM MFOWA N PW 6F B®MO 3. USE OF 7HS SW M Or WMW GM 7HAN MM PREPARED FOR WU BE 7HE RE-USE1S SOLE MK WMiMff LMBM 70 11E SURVEYOR. 4. DE S MIM SM PFEWED Mmm DE BMW OF A g1 mff mu cmgneff AM 6 SUBJECT rD EASUI M1S, RICN15-0f-lWgf ND M" NATTERS OF 181E & NER101M1 BASED ON THE MM BO MM OF 1LT 44 M BEAM N90'WOO-E (P) PREPAMD FM The Group DACE 4tMICS ted DRAWING/ PIIRCFL-C Prated " 8021 a,..a s, .IAc Fr.a BOOIT Dram By mc Peo?st SUNCOASr LAND SURYNYI NiG, Inc. 111 FOREST LAIOiS BOULEVARD aMSYM; RA 54677 89U DW - 7WOGRAHMC - C06MUCUM SVXWUT J3 PHONE (84 854-IM 'FAX (813) 855-6890 SLMti£YORS COMEATE y coft *A So SLIM dgMW b ? w pwIaMW sdo m W X906SE =%n do^ r ri 1A w MVW X 3000005 .a lui IF UID S AM % a40-4, RaM lmkvw CME 412W. "" MD MM 11E'.?ME At! 9E ONCML 6r A PlOrtll L®L? mm me wFa" 1 1. A ---l I '1 SKETCH of DESCRIPTION SHEET 2 OF 2 sHEaTs SCALE : 1' = 50' 0' 25' S0' GULFVIEW BOULEVARD mw w vw (n MOD M Q& BOOR 14168 WIGS 7578 \ / NBl54'00"w 14b 71' C / Z-/- - Lor 1 mm w COLUMBLA SUBDIVISION I KA BOGK 23 PACE 6D l ----,--T---- ! I ! ! I ? r r LOf 44 I LOf 48 I 1" 46 I LOf 7 i ! 4 LOT LIO LOT 0 I . TM€Ni1ER sLJ?DMS l ° I P* WDI( I If-13 ! ! I I ! I I ? I ? I - -- i I. l s I or Mir SW ?s ' of I ? pM a& M W I ?- _ 1 PAGE 1614 I - - -`-- I Za. _ - -_-? H m o I a I ? e CURVE RMUS ARC LOM CHORD Lomm clam eEARNc Cl C2 40.00 28 514 35 NOr4 1 SJQ04 C3 40. 51.40' 1 55.54 S 44 E C4 28.68 12.21'_ 1 111 S 7r41 4 E I Z8 oit ix 0 LATE BEARING DISTANCE L1 NWV30V 1 L2 L3 N84 30 1 Parcel D SKETCH of DESCRIPT=ON SHEEP 1 OF 2 SHEETS PARCEL D THE EASTERLY 18.0 FEET. OF LOTS 97, 98, 99, 100, AND 101; TOGETHER WITH THE EASTERLY 18.0 FEET OF LOT 102 LESS THE SOUTHERLY 30.0 FEET THEREOF, LLOYD-WHITE-SKINNER SUBDMS10N AS RECORDED IN PLAT BOOK 13, PAGE 12. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. CONTAINS: 5,670 SQUARE FEET (0.1302 ACRES), MORE OR LESS. NOTES: LEGEND 1. NO WSTIVAOITS OF RMORD RMECIWN EASEICM RK11T OF MY AND/OR OMWER W WERE RWMSHD TO TT45 SURVEYOR DWT AS SHOWL PL ? LAWD s1AM Z THIS SKETCH DOES ?W REF= OR WEAMNE OMINERSHIP. 3. USE OF THIS SI EEN BY IWIIOfE OTHER 7" MDSE PREPARED FOR MALL BE THE S FLAT 1601? Lo RE-USERS SOLE RISK WMO f UABM TO THE SURVEYOR. 4. THE SKETCH VMS PREPARED MADiOUf THE BfliEflf OF A CURRENT x Ifuum POs PCMd CF Bi1:MISC ME COMMENT AND IS SUBJECT TO EASEkMNM RR;HTS-OF-MIRY AND MAR MATTERS OF ME S MERCMq BASED ON THE NORTH BOUNDARY OF LOT 44 AS WARIC NWWOO-E (P)_ PFBcPAID» FM D T1r Flo' - eroMp DATE 4/28/05 F1Nd Book . JAC III Pmes - -? SUNCOAST LAND SURVEYING. Inc. 111 FOREST LAM BOULEVARD d DSYAR FLA. 34577 BmOARr - 1CPOOM m - malA{lGm sw®ul 1B 4513 ROTE (813) 554-1342 FAX (813) M-OW 7 W.y a.Ry a?re [M? 51RVEY dip M b• a prfelerd udr mW fAWNW M Row IDNID Cf PWF8WK LW 91f YOM N ppmpte.rr 61C17? ROOM N1DOWNE CME mom& s San 4PtW RMM SOMM 1O WW llgR 1W AM 1H: CORK SOL CF A RMW [ 1L? 94L1tx AO ??V???--- SKEtCH of OESCRIPTXON SHEET 2 OF 2 SHEETS I I , I 1 j 1 SMI : I"= 50' I 1 1 ? I 1 1 ItI 50 II I YUC ! I I ?rW NV MSftftAPM MW lsre I I I 1 I I z?' ! 1wr z?j-r- -r T 118.0 I I I ! ! I I i !m 1 1 I + + I 1 ? I + r I ? I ? I ? + 1 Uff 40 t °t t ? i ?' I t lar es t UN 14 1 Q1 1----L- L I + I I + -J ! Wt I -- _j i I -1, t? 1 1°0i_ - 1 0 I I Lor 52 1 mt I I LOr so I -J UJI PLAT 9(XK 13 PAGE 12-13 Lm W LLIk I j I r° L°r ss 1 s 1 + ! 1 1 log I I I '1 Lor loo a 14 1 1 I LOT 34 1 Q+ 1 _1? I Q 1 1 I --- __-_ V I - _1 wr 101 I ! I? LW ss 1 L ??yflLdS?-?- ,-- ' 1 r ?--__ ---,__la1m»___ i0, r ?. Uff I r' - - - I LOT 103 r I L-- 1 T 1 EXHIBIT "C" TO AMENDED AND RESTATED CONTRACT FOR EXCHANGE OF REAL PROPERTY PARCEL J Parcel J SKETCH of DESCl2TPT=ON SHEET 1 OF 2 SHEETS PARCEL J A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NOR711WEST CORNER OF LOT 44, OF LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBLIC RECORDS OF PINELUIS COUNTY, FLORIDA; THENCE N90'00'007, ALONG THE NORTH BOUNDARY OF SAID LOT 44, A DISTANCE OF 3.82 FEET; THENCE N0532'30'E ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID GULF NEW BOULEVARD, SAID EASTERLY RIGHT OF WAY LYING 1.0 FEET WESTERLY OF THE WESTERLY BOUNDARY OF LOT 1, BLOCK A. COLUMBIA SUBDMSION, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; A DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD SONG A CURVE TO THE RIGHT HAVING A RADIUS OF 34.00, AN ARC OF 26.87 FEEL A CHORD OF 26.18 FEET, AND A CHORD BEARING OF N25 11'297E; THENCE N9QO0'OO'W, A DISTANCE OF 34.32 FEET; THENCE S4931.TrW, A DISTANCE OF 14.15 FEET FOR A POINT OF BEGINNING THENCE S41'00'131, 17.95 FEET; THENCE S0529'40'W, 20.00 FEET THENCE N8430'20"W. 6.00 FEET; THENCE N0529'407E, • 0.58 FEET: THENCE N41'28'18'W A DISTANCE OF 16.55 FEET TO A POINT OF INTERSECTION WITH THE COMLINE OF SAID GULF VIEW BOULEVARD; THENCE N0532'30'E, ALONG SAID CENTERLINE A DISTANCE OF 15.06 FEET; THENCE N4931'37E, A DISTANCE OF 7.42' FEET TO THE POINT OF BEGINNING. CONTAINS: 416 SQUARE FEET (0.0096 ACRES), MORE OR LESS. NO TM 1. NO 16TRl O S OF RECORD REFTEMM EASE1=M RIQIf OF WAIF AND/OR O IP WERE RMSHM TO 7M SURVEYOR DOWT AS SIMK LE END Y 2. INS SKETCH DOES Nor REFLECT OR MERIMNE OWNERSHIP. PL.S PFZFMMINL UM SUM& R 3 USE OF M SKMW BY ANYONE OTHER THAN THOSE PREPARED FOR KL BE 11E LB U RE- ISERS SOIE•RM( WOFIOUT UABIM 70 W SURVEYOR Fm 9600i= ?j Fm IfunLum ME) W 4. M SOAR WS PREPARED ZMW DE BElM OF A CURftF?iT TREE COIO11111TR POB CF BB O AND E SUBJES,T 70 EASEIE]n RIM-W-W AND S1oAR MWERS OF IMF B. YEM M1 BASED ON 7HE NORM BOU DW OF LOr 44 AS MUM WO0OWT (P). PREPARED FOR: ?II The Related Group DAIS: 4/2M/08 DRAWW4 PARCEL-J Pre)ecl No Checked By JAC Reid Book Drawn BY JAC Paaee ONCOAM LAND SURM-MG, Inc. -7 111 FOREST LAKES BOULEVARD OLDSMAR. FLA. 34677 MMARY - WOVAPM - CMnWCIRII STAIa:;, 4713 ME* (913) 884-1342 FAX (813) sm-im 4 eawy Oct so 9Rg 6*w hm w peI efer ee Rt4a®E '>E Y •a? ?r8 to ? EMMUL am= rt %a by 10110 Bd? PPOF£S9OIIl 1lID 9IIIE1pLS Y frmle• 11d7-t Rauh 6R1 E arm pom" r ¦ 4mw. RAW ?QIlIF3 wD imimff im so? 11 iK dtlgA0ll N1?1 ® 3®1.OF 1. AID YAFw. I f 11CB6tm 1 SKETCH of DESCRIPTION SHEET 2 Or 2 SHEETS l SCALE : 1' = 30' / 0' .15' 30- PAL. _ - - - PIRIED AM OF TAY UW / ?q COWMB gnS?UBDMSION 9 A4AT Boot 23 PAGE 60 m L10 PARCEL J I 30.14'C -1- - -' - - Lot 44 L3 st I ? o I I I I LOT 44 j LCtr 43 tU I,; I I s m I I W I THE LLOIID-WHITE-SKINNER SUBOMSION H PIN BM 13 PACE 12-13 1?L I?? j ? I J 5 { I SN cm. l? Lot 44 FIRST' A VENUE LINE BEMM DMMNCE L1 54 18?E 1 !Z SOS29 t3 SW-&2-0'E B L6 N41 1 17.95 L7 N4831 14.1 LB DO'11 34.32' L9 NOS3230'E 088 L10 3,82' L17 LIS 3011 1 L19 N4831 7.42' CURVE RADIUS ARC LEIM CHORD LEM= CHORD BFARNC C3 34.W 1 2687 28.1 N28'1129 D EXHIBIT L REPRESENTATIVE CROSS SECTION OF SECOND STREET 60' RIGHT-OF-WAY 36' - 2ND STREET 2;00X 2.OOX 2' CURB & GUTTER 2' CURB & GUTTER PER FDOT INDEX X300 PER FDOT INDEX #300 Z10' CONC. SIDEWALK 10' TYPICAL CROSS SECTION Not To Scale EXHIBIT L EXHIBIT M PARKING PROTOCOL The following parking protocol shall be implemented by the Developer in order to provide adequate parking for guests and employees and to reduce the incidence of traffic backups at the entrance to the Project at the Coronado Ave. pone cochere: 1. Adequate valets shall be employed to handle anticipated traffic volumes. Valets shall be provided as needed in the porte cochere area as well as on each parking level where valet parking service is required to park the cars of hotel guests, the public and hotel staff. 2. Vehicles awaiting valet service shall be parked in the porte cochere area of the Project (the "Porte Cochere") so long as space is available. Hotel event planners will take all steps reasonably necessary to provide additional valet to prevent a traffic backup on Coronado Avenue. In extraordinary circumstances, guests can be directed to enter the valet queue either under the Porte Cochere or enter the garage directly from Second Street to await valet service. For example, (i) parties booking such events will be provided copies of written directions suitable for distribution advising guests directing them to proceed directly to the Second Street Entrance and (ii) prior to such events steps will be taken to maximize the number of spaces available in the street level parking area for use by guests attending the event. 4. Hotel employees shall be permitted to park in the garage pursuant to the same operational procedures as guests at a rate not to exceed the daily public parking rate set by the City of Clearwater for public parking lots on South Clearwater Beach. EXHIBIT N DEVELOPERS PRO RATA SHARE CALCULATION AND REPAYMENT SCHEDULE K&P Clearwater Estates Pro-rata Share Calclulation 9/24/2008 Total South Gulfview Construction Costs (Coronado to Adams Mark) $ 16,319,126 Less Utility Costs (Water, Sewer, Stormwater) (1,898,518) Construction Costs Prior to Grants 14,420,608 Less Anticipated Grants FHWA Transportation Safety Grant $ (2,951,784) FHWA Bike Path Grant (491,964) FHWA Sidewalk Grant (350,000) HUD Construction Grant (843,200) (4,636,948) Construction Costs Subject to Reimbursement 9,783,660 Total project length = 2330' K&P South Gulfview frontage = 780' K&P % = 78072330' 33.476395% K&P Share of Costs $ 3,275,217 Traffic Impact Fee Calculation 350 "resort hotel" units @ $3,208/unit $ . 1,122,800 75 condominium units @ $1,270/unit 95,250 1,218,050 Credit of 200 "motel (budget style)" units @ $910/unit (182,000) Total Traffic Impact Fee due $ 1,036,050 Less City 50% share of Traffic Impact Fee (518,025) Net Amount Due from K&P Clearwater Estates $ 2,757,192 Less Payments Received Date Received Invoice #1 7/17/2007 $ (229,175.66) Invoice #2 9/28/2007 (628,862.49) Invoice #3 1/31/2008 (816,128.83) Invoice #4 4/8/2008 (529,656.59) Invoice #5 7/8/2008 (342,167.52) Invoice #6 (146,958.34) BALANCE DUE $ 64,242.57 Message Page 1 of 1 • ,6 Wells, Wayne From: Jayne E. Sears [JayneS@jpfirm.com] Sent: Friday, October 10, 2008 11:18 AM To: Wells, Wayne Cc: Katie Cole Subject: DVA 2008-00001 - 100 Coronado The sign is posted - kind of on the corner of Cornado and S. Gulfview. Thanks Wayne. Go Rays!!!! Jayne E. Sears Legal. Assistant Johnson, Pope, Bokor, Ruppel & Burns, LLP 911 Chestnut Street Clearwater, FL 33756 Phone: (727) 461-1818 Fax: (727) 462-0365 10/10/2008 0 )04414z, Case # DVA2008-00001 Sign Posting Acknowledgement G? ?ll? I hereby acknowledge receiving a notification sign to post on the subject property that is undergoing an amendment to a previously approved Development Agreement and will post the provided sign(s) on the subject property so that it (they) is (are) readable from the most significant adjacent road(s) a minimum of 10 days before the Public Hearing. Ja-yrL e- ?. Seav-s -PO r 16tO os Print Name A o km so n, Po 2 j e-?' a-f Date ign Name Public Hearing Date: CDB: 10-21-08 Posting Date - No Later Than: 10-11-2008 CC: 11-18-08 11-8-2008 0 41 U-) U? CITY OF CLEARWATER NOTICE OF INTENT TO CONSIDER A DEVELOPMENT AGREEMENT Public hearings will be conducted before the Community Development Board on October 21, 2008, beginning at 1:00 PM (or as soon thereafter as the matter may be heard), in City Council Chambers, 3rd floor of City Hall, 112 South Osceola Ave., Clearwater, Florida, to consider Resolution 08-14, approving a Development Agreement between the City of Clearwater and K & P Clearwater Estate, LLC. for property located at 100 Coronado Dr & 201, 215 & 219 S. Gulfview Blvd. legally described as Lot 1, Blk A of Columbia Sub, Lloyd White Skinner Sub Lots 44-47 Inc[ & Lots 90-93 Incl, 48-52 Incl, Lot 98, Lots 53, 54, 99 & 100, prt of Gulfview Blvd, prt of lot 101, prt of lot 55, prt of lot 102, lots 94-97 incl, prt of vac prt of 1St Ave., and part of vac pt of Coronado, and vac pt of Gulfview Blvd. (DVA2008-00001). The Development Agreement will allow for the construction of 450 overnight accommodations (hotel rooms) at a density of 163.64 units per acre with a maximum of 37,000 sq. ft (0.31 FAR) of amenities accessory to the hotel and a building height of 150 ft (to roof deck). Public hearings will also be held to consider requests for a Flexible Development for the above-described property. Interested parties may appear to be heard or file written notice of approval or objections with the Planning Department or the City Clerk prior to or during the public hearing. Any person who decides to appeal any decision made by the Board, with respect to any matter considered at such hearings, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. Additional information, including the Development Agreement, is available in the Planning Department at the Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida, or call 562-4567. Michael Delk Cynthia E. Goudeau, MMC Planning Director City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATIONS IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090. To learn more about presenting to Clearwater boards and City Council, go to http://clearwater.granicus.comNiewPublisher.phi)?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. 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J~~ oa I ~ i San MH Rim 3,90 DESCRIPTION: (AS FURNISHED) ~ Inv S. Conc. Plug r LOT 1, BLOCK "A", COLUMBIA SUBDIVISION, ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 23, PAGE fi0, e iI PARCEL A PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH THE VACATED SOUTHERLY 1 FOOT OF GULF VIEW I SAID LOT 1, SAID VACATED PORTIONS BEING SHOWN BY RESOLUTION FILED NOVEMBER 27, 1959, IN O.R. BOOK GRAPHIC SCALE II BOULEVARD ADJACENT TO SAID LOT 1, AND THE VACATED WESTERLY 1 FOOT OF CORONADO DRIVE ADJACENT TO 757, PAGE 40, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND ALSO LOTS 44, 45, 46, 47, 90, 91, 92, 2D 0 10 2D 40 II 93, 94, 95, 96, AND 97, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO P1AT THEREOF RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, TOGETHER WITH THE I r VACATED WESTERLY 1,86 FEET OF CORONADO DRNE ADJACENT TO SAID LOT 93. ! S IN FEET ~ ( ) P II PARCEL B LOTS 48, 49, 50, 51, 52, AND 98, THE LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT II THEREOF AS RECORDED IN PLAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. I L 1 inch = 20 Pt. ! •s ~ f PARCEL F II LOT 55, NORTH 40 FEET OF LOT 56, SOUTH 20 FEET OF LOT 101, ALL OF LOT 102, AND THE NORTH 30 FEET I ~ OF LOT 103, LLOYD-WHITE-SKINNER SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN 0 PLAT BOOK 13, PAGES 12 AND 13, PUBLIC RECORDS OF PINELLAS COUNT(, FLORIDA. t II LOTS 53, 54, 99, 100 AND THE NORTHERLY 30 FEET OF LOT 101, LLOYD-WHITE-SKINNER SUBDIVISION, t ACCORDING TO THE MAP OR PIAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 12 AND 13, PUBLIC ®GV II RECORDS OF PINELLAS COUNTY, FLORIDA, 1 ' CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING r TOGETHER WITH THE FOLLOWING VACATED RIGHT OF WAY: C1 112.00' 102,51' 98,91 N63'52'46"E D . f 3,95 3,59 IH- 3,93 PARCEL G Ct 112,00' 102,51' 98,91 N64'29'16"E F co +4,09 +3.95 3,68 A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBIA C3 34,00' 26.81 26,18' N28'11'29"E D ~ ~ ~ 3,86 SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBIC Storm MH 3.54 ~ i RECORDS OF PINELLAS COUNTY, FLORIDA, AND BEING A PART OF SAID GULF VIEW BOULEVARD, AS DEPICTED ON C4 34,00' 23.30' 22.84' STO'2T47"W D ~ \ C5 33,00' 48,68' 44,39' N49'15'00"E P ~ ~ \ ~ +sss Rfm 4,05 "1 ~II 1 THE PLAT OF LLOYD-WHITE -SKINNER SUBDIVISION, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 86 inv i6" DIP SE 1.45 , BOOK 13, PAGES 12 AND 13, OF THE PUBLIC RECORDS OF PINELLAS COUNTf, FLORIDA, ALL LYING IN THE EAST C6 27,66' 46,01 40,93' S \ \ San MH 6 2 42'10 45 E P ~ \ \ Rlm n.31 •s 3,98 3:54 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNT(, FLORIDA, BEING MORE C7 28,66 11,98 11,89 S7T5543 E D u.I \ Inv 6 CLAY SE 1.54 ~ +6,84 6.83 , C.L,P, ~41 PARTICULARLY DESCRIBED BELOW: ! CS 28.66' 35,43' 33.22' S30'04'20"E D P~ ~ \ Inv s" CLAY NW 1.53 6.45 ~ H 6,78 ~ 6.81 5,61 ! C9 40,00 61,30 55,47 S45 59 54"E D ~ 27 3.59 \\'s. II BEGINNING AT THE NORTHWEST CORNER OF LOT 44, OF SAID LLOYD-WHITE-SKINNER SUBDIVISION: THENCE 3.73 II S.05'32'30"W. ALONG THE EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 90.06 FEET TO THE C9 40.00 66,63 59,19 S413415 E F 7,37 C10 40.00' 5,24' 5,23' N01'41'31"E D N ° s,a1 ~ a 7.33 ,o5 i .44 ~ 6 \ 7.95 SOUTHWEST CORNER OF SAID LOT 44; THENCE S,05'32'30"W., A DISTANCE OF 60.00 FEET TO THE NORTHWEST `D F- 6.89 7.19 + 8,08 o' ~ U `s 7.28 i8 R m 4.27H 3,42 CORNER OF LOT 48, OF AFORESAID LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S.05'34'08"W., ALONG AFORESAID +a,3a Inv 16" DIP NW 1.55 EAST RIGHT-OF-WAY OF SAID GULF VIEW BOULEVARD, A DISTANCE OF 154.95 FEET; THENCE S,05'31'21"W, ALONG " w + 7,03 7.71 ~ w, ~ e~ Inv 14p DIP SW 1.51 ~Ii_ " 3:48 3,92 SAID EAST RIGHT-OF-WAY OF GULF VIEW BOULEVARD, A DISTANCE OF 160.05 FEET; THENCE N.84'2T30"W. A Inv 16 DIP E 1,5~ ~ . ~s pfp DISTANCE OF 34,98 FEET; THENCE N,05'32'30"E, ALONG THE CENTERLINE OF SAID GULF VIEW BOULEVARD, A a ~ Q°JBtO W 8 C(A~ GU . r 6.69 LF VIEW 60 ULEV z ,as ~ \ 4.O~Q 4,08 30ULEVARD s a II +4.12 + +a~5 12" RCp DISTANCE OF 456,33 FEET; THENCE 5.41'28'18"E., A DISTANCE OF 16.55 FEET; THENCE S.05'29'40"W., A DISTANCE i D ~ o ~ z25 ~a 0 sso ~ \ + s.a7 o ~ ® , ~ + z27 \ OF 0.58 FEET; THENCE S.84'30'20"E., A DISTANCE OF 6.40 FEET; THENCE N.05'29'40"E„ A DISTANCE OF 18.97 7 +4.34 ~ .3.43 = FEET; THENCE CONTINUE N.05'29'40"E, A DISTANCE OF 1.03 FEET; THENCE N.41'00'13"W., A DISTANCE OF 17.95 LINE BEARING DISTANCE z p 7.25 '17 a \ \ 4 Storm MH ! L1 S41'28'18"E 16,55' D a say T3 + ,50 ~ \ \ Lt S40 5146E 16,55 F ~ ® ~ ssa s.a5 D \ 5s1 3.38 Rim 3.96 FEET; THENCE N,48'31'37"E„ A DISTANCE OF 14,15 FEET; THENCE N.90'DO'00"E., A DISTANCE OF 34.32 FEET TO A Traffic 2.0 ~ Inv 12" RCP E 0.55 POINT OF NON-TANGENT CURVE; THENCE SOUTHWESTERLY ALONG AFORESAID EAST RIGHT-OF-WAY OF GULF VIEW ' I <C + 6,62 ~ 7 2 L2 S05 29 40"W 0.58 D o ~ sl nal Box 2 II ;i I~ Inv ts" DIP W -207 BOULEVARD, BEING A CURVE TO THE LEFT HAVING A RADIUS OF 34,00 FEET, AN ARC OF 26,87 FEET, A CHORD 9 Inv 15" RCP S -1,91 OF 26,18 FEET AND A CHORD BEARING OF S,28'11'29"W.; THENCE S,05'32'30"W, ALONG SAID EAST RIGHT-OF-WAY ! L2 S06'O6'10"W 0.58' F Tea ~ ~ ® Tae Cone,L,P, g 2s " +7.29 7.44 ~ Concrete Walk \ a OF GULF VIEW BOULEVARD, A DISTANCE OF 0.88 FEET; THENCE N.90'00'00'W,, ALONG THE NORTH BOUNDARY OF aaik ~ \ a '79 ra// II ~ i AFORESAID LOT 44, A DISTANCE OF 3,82 FEET TO THE POINT OF BEGINNING. L3 S64'30'20 E 6.00 D I ~ RWV \ L3 S83'53'50"E 6.00' F ss2 © R +7,aD V 7.52 ,at Tar s.4a+ „ ' , $ ® ~ 7 5.92 L4 N05 29 40 E 18,97 D 7,23 RWV RW~ 38 ~ .40 3,7D ~ i TOGETHER WITH THE FOLLOWING VACATED RIGHT OF WAY: L5 N05'29'40"E 3' D sal i ao 1,0 ~ s 7s.s4 + L6 N41'00'13'1hi 11.95' D s5 ss6 z34 7.36 '40 + 5 29 V357 ~ PARCEL H a Storm MH ,ga ~ San MH II A PARCEL OF LAND BEING A PART OF GULF VIEW BOULEVARD, AS DEPICTED ON THE PLAT OF COLUMBUt ~ 7.OD + 7,27 + 5,94 L6 N40'23'43'1N 17.95' f ~ +sss •53 S89'S4'00"E ' ' Rim 4,30 Rim 3,at SUBDIVISION ACCORDING TO HE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23, PAGE 60, OF THE PUBLIC Inv 14" DIP NE 1.47 4,14 \ ~ Inv 12" CLAY N 0.38 RECORDS OF PINELLAS COUNTY, FLORIDA, LYING IN THE EAST 1/2 OF SECTION 7, TOWNSHIP 29 SOUTH, RANGE 15 L7 N48'31'37"E 14. 5' D 7,15 - +7.27 , „ 79,18 D . „ 1 , o . 2 ~ Too zo7 ss6 - - - - ~.~8~17,3.0 - - 79,39' F L7 N49 08 07 E 14.15 f 7,17 ~ ~ u~`e - - - - . ~ Metai Mast Arm s" ~ Inv 12" CLAYS 0,38 ~'tA~~ I EAST, AND THE WEST 1 2 OF SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, L8 N90'00'00"W 34.32' D o 1.5 x 2.0' + Toe + 7.10 , + s,D - - - Signal Pole 4,pp ,I lnv 6" CLAY NW 0:81 1 I / 2' Diameter 5,51 4:07 BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: , " 6.82 ~ Traiffc ' 110~~ SCIR 1 2" +5,17 \ l9 N05 32 30 E 0,88 D ~ 7,0 ~ ~e L ~ GULE VIEW BOULEVARD SGR i 2` r „ , ' Signal Box 7 3 7 T i °~e 6,4$1 / i,17 4,29 + 5.54 3.64 ~ COMMENCING AT THE NORTHWEST CORNER OF LOT 44, OF LLOYD-WHfTE-SKINNER SUBDIVISION, ACCORDING TO THE SGR i/2` Traffic Signal ~ 5 551 ~ 3 7a+ + 4'12 + ass I I PLAT THEREOF, AS RECORDED ON PLAT BOOK 13, PAGE 12 AND 13, OF THE PUBIC RECORDS OF PINELLAS L10 N90 00 00 E 3,82 D o L8.a513 COnC~L~ g6.92 g, ~ ~ PLATTED RIGHT OF WAY L8.451 Boxes 2*3 ~ + 4:Ot COUNTY, FLORIDA; THENCE N,90'00'00"E„ ALONG THE NORTH BOUNDARY OF SAID LOT 44 A DISTANCE OF 3.82 5.58 ~ FPCMH >`FEET; THENCE N,05'32'30"E, ALONG THE EASTERLY RIGHT OF WAY LINE OF AFORESAID GULF VIEW BOULEVARD, A L11 N05'32 30"E 0.78' D Q Garb Yge Can 7,2 , + 7.24 G VACATED PER O.R. BOOK 1416& PAGE 2536 I ! Lit N90'0000"E 0.86' D s.e7 j ° ~ 7,1a +5,1s C9 3.at .8 ~ I I DISTANCE OF 0.88 FEET TO POINT OF A CURVE; THENCE NORTHEASTERLY ALONG SAID EASTERLY RIGHT-OF-WAY OF L13 N90'00'00"W 29.48' D 121 d Conc. ~ ~ 'I GULF VIEW BOULEVARD BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 34,00, AN ARC OF 26,87 FEET, A L14 S90'00'00"E 5.24' D ~ s.a3 S s,95 ~ 2 + 5,24 ~ ~ + ~ CHORD OF 26.18 FEET, AND A CHORD BEARING OF N.28'11'29"E, TO THE POINT OF BEGINNING; THENCE ~ + iI N90'00'00"W,, A DISTANCE OF 29,08 FEET TO A POINT OF-NON-TANGENT CURVE; THENCE NORTHEASTERLY ALONG L14 S89,2330 E 5.24' F .1s ~ 5s1 L15 N84 27 301N 18.00 D 0 700 8.58 4,21 4,it 3.73 I I A CURVE TO THE RIGHT HAVING A RADIUS OF 112,00 FEET, AN ARC OF 102,51 FEET, A CHORD OF 98,97 FEET + 6.98 ~ 1p" 1y" + 5.39 + 4.45 L16 N84'2T30'1N 1.86' D , ! 1q" , " Li 1 S05'29 40"W D ~ + s.56 3 20,00 I it' Ii II AND A CHORD BEARING OF N.63'S2'46"E.; THENCE S.89'54'00°E„ A DISTANCE OF 79,18 FEET TO A POINT OF " o CURVE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 40,00 FEET AN ARC OF 61,30 FEET; A CHORD OF 55.47 FEET AND A CHORD BEARING S.45'59'54"E, TO A POINT OF NON-TANGENT CURVE; L17 N06'06'10"E 20.00' F ~,a sss'S4'oo"E 5 P.O.B.ParC411f C~ 145.71'(0) i~ - 145.71'(D) 3:7s ~I ) I TOETHE LEFT HAVINGLAN RAD US OF 28 66 FEIET,TAN ARCH 0 ~ 11.98RFEET, AUCHORD OF 11.89 RFE~ET AND A CHORD Lt8 N05,32'30„E 15.06, D o 4 e~° SCIR t/2" ~i sss'S4'oo"E - ' - - - - - - - - - _ - _ _ ' L18 ND60900 E 15,06 F ssa ~ s,56 s, 7 , 06 L14 LB.45t3 Lt3 ~ 145.71'(P) - - - C7 ,3D 4.20 1 BEARING N7T55'43"W,; THENCE N,89'54'00"W. ALONG SAID SOUTHERLY RIGHT-OF-WAY OF GULF VIEW BOULEVARD, 145.71 (P) ~ ~o \x.32 P W A DISTANCE OF 145,71 FEET TO A POINT OF CURVE; THENCE WESTERLY ALONG SAID SOUTHERLY RIGHT-OF-WAY L19 N48'31'37"E 7.42' D ~ 6.94 l8 - - ~ - ~4•~4 Vacat , , " P.~ 7,05 1 SCIR 1/2 ed Southerly 1.0' of Gulf Van Boul~vor~,t har O.R. Book 757 Page 40 L19 N49 08 07 E 7,42 F ,1s a s,9a X00 ~ LB.4513 % Gy R. Boo ~ - ' ' ~ ass I OF AFORESAID GULF VIEW BOULEVARD BEING A CU V k 757 Page 40 i R E TO THE LEFT HAVING A RADIUS OF 34,00 FEET, AN ARC OF 8,30 PLATTED RIGHT 0 -W SCIR 1/2" 5.26 /l F AY LINE ie145i32. o ~ ~a a.3oli 23,30 FEET, A CHORD OF 22,84 FEET AND A CHORD BEARING OF S,70'2T47"W, TO THE POINT OF BEGINNING, rs 4.4 I~L' 8.7 6.36 SCIR f 2" .~9 LB.4513 5.30 X4.98 ' ~ LB,4515 ~ ( 5,17 5.23; LOT 1 BLOCK A is +4;,4 t ' D +a.1s TOGETHER WI?H THE FOLLOWING VACATED RIGHT OF. WAY: ` + onc,L,P -`i 1em ororyS ti 6' G(~LlJMBIA SUBDIVISION ~ 'I ~ SCIR t/2® .H. 1 > 4.29 +3.973:8 , PARCEL I 3~ ;~Igg A PORTION OF THE 60 FOOT RIGHT OF-WAY OF FIRST AVENUE, (A.K,A, FIRST STREET PER FIELD), THE PLAT OF I' ~ 5,26b,12 + L6.451 9 ~ ~ PLAT BOOK 23 PAGE &0 1 " WEST as3 I u2 ~i I r~ LLOYD-WHITE-SKINNER SUBDNISION AS RECORDED IN PIAT BOOK 13, PAGE 12 OF THE PUBLIC RECORDS OF I I NOT Li ~.o.T----- w....._.-- .94 " INCLUDED ;?,QJ4'(P) ~ 25.11'(P) ~ 25.11' P 25.11' P I -i' - _ _ 2os.i6'(P) _ PiNELLAS COUNTY, FLORIDA}, MORE PARTICULARLY DESCRIBED AS FROM THE SOUTHWEST CORNER OF LOT 55, - ~ ~ - - - ° ~l LLOYD-WHITE-SKINNER SUBDMSION, AS RECORDED IN PLAT BOOK 13, PAGE 12 OF THE OFFICIAL RECORDS Of ~ I SCIR 1/2 i 4,96 O O ~ 25.11'(p) ?,G,i l' P 1 ' ,o'C, LB.4513 ~ I i I O 25, 1 I 25.11 (P) f 30.14'(P) ^ i i I~ ~ I PINELLAS COUNTf, FLORIDA, RUN THENCE N05'32'30"E ALONG THE EASTERLY RIGHT OF WAY LINE OF GULF VIEW ~ J I I I BOULEVARD AS SHOWN ON SAID PLAT A DISTANCE OF 335,00 FEET TO THE POINT OF BEGINNING, SAID POINT ALSO ,,b o P.O,kI, Parcel G I I 1 I I ^m ~ ,67 m i NW torner Lot 44 +0 a I i I I I M (I BEING THE NORTHWEST CORNER OF LOT 48 OF SAID LLOYD WHITE SKINNER SUBDIVISION, THENCE N05'32'30"E y~ ~ I o f l 1 1 ,~°c° Comers} Not L3 rn I I I I M I i~ ~ I 60,00 FEET TO THE SOUTHWEST CORNER OF LOT 44, LLOYD-WHITE-SKINNER SUBDIVISION; THENCE S84'2T30"E i 18'{D) ALONG THE NORTHERLY RIGHT OF WAY LINE OF FIRST AVENUE, LLOYD-WHITE-SKINNER SUBDIVISION A DISTANCE OF ~ 6,56 ~ B I Sei, Falls In i 4.45 I i tv Building SCIR 1 2" I ~ I IN I I 192,00 FEET; THENCE S05'32'30"W ALONG A LINE 18 FEET WEST ~OF AND PARALLEL WITH THE WESTERLY RIGHT OF I LB,4513 !r I I I , ~ I 1 ~~I + .,9 1 I I ,`L`. I° II WAY LINE Of CORONADO AVENUE AS SHOWN ON THE PLAT OF LLOYD-WHITE-SKINNER SUBDIVISION A DISTANCE OF i I M I Q ~ u 6,85 Q C.L.P. + 5,37 W 3 i 1 I " I i ~ 382 i~ cw, 60,00 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF SAID FIRST AVENUE; THENCE N84'2T30"W ALONG SAID Q n. I I SOUTHERLY RIGHT OF WAY LINE A DISTANCE OF 192,00 FEET TO THE POINT OF BEGINNING, i 2 14 ~ ( p ~jJ 1 p I + ,94 6,75 ~ a ~ I I I +~sa o i ~ - . 6,24 0 6,3 ~ I ~ ti Q 5,35 5,59 I = I I v Garbage 6.05 Z ti ~ I I I I I N 0 5,851 I I I ~ o r II LESS AND EXCEPT THE FOLLOWING THREE PARCELS: i .02 ~ o ~ I I I ! o s~29 I ~ 5,56 I i_ 4S i I I I 4,44 4138 3'~I b 3,85 I z I c m +4,09 PARCEL C + v~ ~ 5.44 ~ LUl 44 I s I LOT ~C ~ ~ 1. T 47 LOT 90 L01' X11 LO ~ ~ 6,53 0 ~ i 5 I~~ S ~ D I I i i LCD 92 LOT 9:? ° +3'93 THE EASTERLY 18 FEET OF LOT 93; TOGETHER WITH THE WESTERLY 1,86 FEET OF THE RIGHT OF WAY OF y ~ g p ~ _ m I~ I~ A~xIN ^ asPN I I ~ ~ I II ~ ° I I CORONADO DRIVE ABUTTING LOT 93, LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE o Q 12, PUBLIC RECORDS OF PINELLAS COUNTf, FLORIDA; " ! 5,96 1 ~ 3 I N N cl a a Llr 14 ° 6,35 RWV 5.33' y m 1 I ~ 1 n? N ~ T o. i o I ~ TOGETHER WITH A PORTION OF LOT 1, BLOCK A, COLUMBIA SUBDIVISION AS RECORDED iN PLAT BOOK 23 PAGE 6.47 93 ~ i o w I ni I I i. `c F.H, kmpomry g }b a 5.24 I I i o° N I ° I o a I = I i I ~ m i ~ 60, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AND TOGETHER WITH A PORTION OF THE WESTERLY ~ 1 FOOT w I ~ ~ ~ w OF THE PLATTED RIGHT OF WAY.OF CORONADO DRIVE ADJACENT TO SAID LOT i, ALL OF THE ABOVE BEING w° ~ .34 ~ .99 ~ I 4,85 ° I I " I o ~ ,r o Wood P st Electric Meter S ~ I I i ~ I ! 0° ~ 9 3 5.26 I d I I ~ ~ ~ a FURTHER DESCRIBED AS FOLLOWS: ~ o I ~ 13 II ~ ~ I I BEGINNING AT THE SOUTHEAST CORNER OF LOT 93, LLOYD-WHITE-SKINNER SUBDNISION, THENCE N84'2T30"W m~ oe I I+a.~ I I I w ~ 15,4 I ~r I I 5 I I,8 v rn ALONG THE SOUTHERLY BOUNDARY OF LOT 93 A DISTANCE OF 18,00 FEET; THENCE N05'32'30"E ALONG A LINE 18 ° ~ e s.5s I i THE L~ c;aYD-WHIT S I sss I I E-F+~,~INNER S~BDIVI,a11.:~N a G ~ III o FEET WESTERLY OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 132,32 FEET; ~.92 5.33 5' S I I I -1 6,30 Conc. ,P~ s.3o i 1 FLAT BOOK 131 PAGE 9 2-13 I 1 I ~J i ~ ~a ~ THENCE 5.24 FEET ALONG THE ARG OF A CURVE TO THE LEFT HAVING A RADIUS OF 40.00 FEET, A CHORD OF l 5,23 FEET AND A CHORD BEARING N01'47'31"E TO A POINT ON ANON-TANGENT CURVE; THENCE 35,43 FEET I 8,2 arbage n 2 ~ I 1 I I o S I i I ~ 3,85 3,85 I ~ ~ i c o , I ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 28:66 FEET, A CHORD OF 33.22 FEET AND I 6.18 5,79 1 6,73 Q ti G: I I ~ 1 I a~W i i l I ~ II ! A CHORD BEARING S30'04'20"E; THENCE N90'00'00"E, ALONG THE EASTERLY PROJECTION OF THE NORTHERLY g,gal I ~ BOUNDARY OF SAID LOT 93 A DISTANCE OF 0,86 FEET; THENCE S05'32'30"W, ALONG A LINE 1,86 FEET EASTERLY Con .L.P. o~ N ; i I I 0 ~ 7e I a a ~ i + 5.96 ~ >x' 11" ~ I w ~ _ X13 OF AND PARALLEL TO THE EASTERLY BOUNDARY OF SAID LOT 93 A DISTANCE OF 110.62 FEET; THENCE ! 6,85 D o ti Sy Corner Lot 44 I I San I i I d i I- o I MH 3,9 3.8 3 i N84'27 30"W A DISTANCE OF 1.86 FEET TO THE POINT OF BEGINNING, I N 3,88 4124 3: +3.65 v ~ I I Rim 5.18 i i ® 5.73 8,14 ~ 7,32 I 5.23 5. 1? i' - _ 30'(p) Inv 6 CLAY I I I ~ 318~~ + 3.81 + 3,56 3 4a PARCEL D - _ zs P I Inv s" cLAY N'2 ° I f 6.57 1 51 I5. 4 Z7 30 Q ` ~ ~ i z I I'r; Storm Inlet THE EASTERLY 18,0 FEET OF LOTS 97, 98, 99, 100, AND 101; as ~ pp ss - 25'(p) I 1 1 ! 7.59 I I ' - -l 25' G ~ Rfm 3,63 ~ I TOGETHER WITH THE EASTERLY 18.0 FEET' OF LOT 102 LESS THE SOUTHERLY 30,0 FEET THEREOF, I 3 s9 G s~ I ~;ae Inv is" DIP E 1. ~ LLOYD-WHITE-SKINNER SUBDIVISION AS RECORDED IN PLAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELLAS ® 5,86 5,19 4,68 1 (P)_ I i 1 .57 ~ 8.28 .00 44,9 , 4.74 425'(p) 1 I 4,061 ~,20 3' ~ 3.33 COUNTt, FLORIDA. 5,51 16" I " - a ts" DIP ' X39 ,71 ~ ~ +4. 7 4,94 .77 6 CLA` ..,L _ 25'(p) 3 x 3 8.10 4,61 ~ _ 25'(p) I c i ~.90 3,53 I ~ R m 3:79H PARCEL E I R Lis WV inv 15" RCP N 0.43 THE SOUTHERLY 20.0 FEET OF LOT 55; TOGETHER WITH LOTS 56 AND 103 LESS THE SOUTHERLY 20.0 FEET 192,00,(0) - 30' P) I Ii' WV ® 3,35 Inv 15" RCP S 0:38 !I ~ Concrete 10,01 p' City of Clea(~wwstar 2' Valley 0 ` 192,00'(0) Shower 4 ~ 0 I Benchmark ryo, G-02 urb ~ ® THEREOF; TOGETHER WITH THE SOUTHERLY 3D,0 FEET OF LOT 102, LLOYD-WHITE-SKINNER SUBDIVISION AS U`5 ~ rI Inv 16, DIP W 1,72 ! 1 Conc,L, ~ i6" Transtormer Pad o ~evatlWn ~ 4,923' 4.4 _ I I 1 119 6,03 6. 3 o fa" 8.72 W o ~ 1 o^ 4 ~ 3°~ I ®WV ~ " RECORDED IN PIAT BOOK 13, PAGE 12, PUBLIC RECORDS OF PINELLAS COUNTf, FLORIDA, ~ I SE Corner Storm MH 1" O ~ I I ti 4.91 N 5,46 ~ M g GO' ~ !~1 RIGHT OF {y ,8 V ~ 1n d A 6" C y 'Lot 93 ~ Rim 3,6o SUBJECT PROPERTf CONTAINS 119,856 SQUARE FEET (2,751 ACRES), MORE OR LESS, D I 1 Y p m ~ O VACATED 5.07 ~ +4,82 PER fJ.R, 0.8. Parcel C Inv 15" RCP N -0,20 3.80 ~0" DIP 'Inv 15° RCP S -0.25 + 5.70 ' I ~ 1 EIOOK 15023 PgGE 15 2' Valle C 18 4 Y u~ 5.53 16" ~ I ~ I + 4,57 2' Volley Curt' 3.74 3,7 ~ ! Storm MH 5.84 5~ 5. ~ 16` .53 z 4,75 2' Vall "1 3.5 3.83 ~ ~ = 3.76 •913 II a Rim 5.86 5,43 5,51 5, 5,9 ~ eY Curb San MH Storm MH Rim 3,75 I 3.7 78 Rfm 3,52 M, II 22 Inv 15" RCP E 0,38 6,04 ~ Q p a,65 FPCMH +4,26 i ® 5.08 I D ~ 16» Std°•m MH COnC~L,R I ~ +5.02 I Inv 12" CLAY N 0.43 I~ '1 +3.68 +3.63 Inv 15" RCP N -0,30 E+~ Inv 10" DIPS 0144 11 ~4 Inv 15" RCP S w, X412 " Rlm 5.76 10,07 4,83 ~4Cp 5,63 Inv 10" DIP E 019 (No Access Con9lcts d„ , \ \ 5.44 7 InV)15" RCP W 0,24 ' w I PA.B. Parcel I 5.41 \ 65, In~ 18" RCP SE 0.16 9.81 55.79' NW Corner Lot q8 A S P \ ~ N842)'30 H A 2' Inv 6" CLAY W ~.80 in Manhole) a~ r'r s t S'. s~ Inv, 8" CLAY Slt 1,77 \ 5aa Conc,P, ~ ' , L T ® vmfe curb 2' Volfe Curb ~ ~ ew v II 3.8 13.99 II O FPCMH ~3' G~ t~~ Con .P. 5,35 5,B1 Electrlc Panel I - _ lg" 3.1' °p 24.3 15" M ~f~t U Garbage Ca Q I ~ i M I 25 (P) ( - 3 25'(P) L,P, .4 i6" B COnc,P, I o ~ Da' I ~ -2,5; f ~ I ~ I~ ~n~ ate, ~ ~ rn i ~ I ai O 4,54 cP, z a I ! ,64 ' _ I 9.87 ~ N i I 25 (P) I +4,44 i II kj ! 5 7 r ~ p I ~ footer 47 25 P v,Flush Metal Boxes 2 Q NIA`~CHi~~,N SEA SFI~~~^^T ~ 1a'a'I 1 ,81' 'j 19 ' L 1 I f 2.04 k~! Ctfm ~ ® C 1 BZ9 QItI" 41tl3 Gu3 "F: 4~ @~1 c 9 G^i it3 W~GI NR9 R9S 63G d'9, Cd^ ~8 :Pf H'® ~ 6~'A I® AP9 Clod R~ EQ9 ®I~ tu'k Ike fua RPT ETl L'9 T~.M ~!t!~" R[41 :Ia Onq ~1 &dia 6['~ Rum i"~°H YT.' ~ d BRd W2 [ID e'~G &Z 1 ~ f:~ ~ E m;9 6'ID ItltH CA is 9 CwL N~9 F'~ tlL! NP8 Fit &L98..~ L'Ap ISIS 69i .'&A ~ tl5tl CS! ~9 ~3 @:1 ® X:~:"1 lTdp o.. '3 6+ ® Q?9 m4S 1869 RV2 &~1 ~4? &Cf ~ 69 ~J9 Ff9 9 1N~1 tSG5 X43 eiID C~L1 14'~~6Rp CRO etal Boxes i ~I~ i o~ i92.00'(p~ _ +4,,03 452 38 MATCH . tI~V~ 5~~ Sp~~~' ~ 5.36 5,2~ 1@ r6 ! I 5.27 ~j C 14 I a eev" raa m~rmza cxo'ean : r ~,a. ~ ~ esa e~ _;1,it D-ti,~ oS.95a~rj~`~r _ ~a spa m9u m~ ns~ i ~ rm crm mm can ®r+ia C"aw ems csv awcu ~s ~a ~n oxa srm 57R ~r 1 0 ~ ~ I I 3t I 30'(a) TE Ped a 'it'3~5 T.B.M. II ~FOC~ +3.79 I I r.,,,a nv ~i,~i e. n,.,, NOTES: . 1. SURVEY CREW: TOM RYAN; JEREMY McCLOUD, FRANCISCO GARCIA and DILLON EVANS, SURVEYOR'S CER ~ SIJNCOAST LAND SURVEY TIFICATE BOUNDARY AND TOPOQRAPHIC SURVEY LNG, Inc. I hereb certif that the ~ 2. ELEVATIONS SHOWN HEREON ARE IN FEET AND REFER TO THE NORTH AMERICAN VERTICAL DATUM OF 1988, (NA,V.D,) ----''-~----'t--' 3, REFERENCE BENCHMARK IS CITE OF CLEARWATER BENCHMARK N0. G-02, ELEVATION = 4,923' Y Y .SURVEY depicted hereon was _ t performed under my on the date(s) shown, and meets t ~I Ug"CHARdE 4. NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOWN. n aft r - CHNICAL STANDARDS set CLEARWATER BEACH RESORT 2 forth by the FLO TDA .xBOFPROFESSIONAL LAND AND CD 111 FOREST LAKES BOULEVARD SURVEYORS in hapt"~r7-6, IDA ADMINISTRATIVE CODE HOTEL m f% 9 T1%_ J 5. NO INSTRUMENTS OF RECORD REFLECTING EASEMENTS, RIGHT OF WAY AND/OR OWNERSHIP WERE FURNISHED TO THIS SURVEYOR 3 ° • 1 iu vvI ~ti Fq rw% ia~ vgx EXCEPT AS SHOWN. pursuant to S tion ;7,027, FLORIDA` STATUTES. 'NOT VALID No. Date Description 6. THIS SURVEY DOES NOT REFLECT NOR DETERMINE OWNERSHIP. DVA2008°00001 B OLDSMAR, FLA. 34677 WITHOUT THE8IQNARE ;OIQI I.-RAISED SEAL OF ZB 7. USE OF THIS SURVEY BY ANYONE OTHER THAN THOSE PREPARED.FOR WILL BE THE RE-USERS SOLE RISK WITHOUT LIABILITY TO THE SURVEYOR. A FLORIDA LICENBS AN PPER'. t, FOR- DRAWING 8021.dw 8. THERE MAY BE ITEMS DRAWN OUT OF SCALE TO GRAPHICALLY SHOW THEIR LOCATION. CLEARWATER BEACH RESORT & HOTE # 9 Protect No, 8021 8021 9. THE SIZE, TYPE, DIRECTION, ELEVATION AND EXTENTS OF THE EXISTING UNDERGROUND STORM AND SANITARY SYSTEMS DEPICTED Zoning: T atlas# 276A L& 4513 - DATE OF FIELD SURVEY: BOUNDARY TOPOGRAPHIC CONSTRUCTION STAKEOUT 40 r HEREON MAY NOT BE CONCLUSIVE. A COPY OF THE CERTIFIED ASBUILT DRAWINGS SHOULD BE CONSULTED BEFORE PROCEEDING PH: -1342 FAX: 855-6890 r' THE RELATED GROUP Checked By JAC Field Books 267&268 (813) 854 (813) 5208 267&268 WITH ANY DESIGN, CONSTRUCTION OR MODIFICATIONS, TO OR IN THE AREA OF THESE UNDERGROUND SYSTEMS: SHEET 1 of 2 10. BEARINGS BASED ON THE EASTERLY RIGHT OF WAY LINE OF GULF VIEW BOULEVARD AS BEARING N06'09'00"E. JE Rlf~ 4 Gd l.S. 5279 # Drawn bY =ag : CR a 5 es 13-17&22-25 -17&22-25 11. * INDICATES INFORMATION TAKEN FROM CONSTRUCTION PLANS, DATED 5/02/05, REVISED 7/16/05 and AS-BUILT FIELD NOTES FURNISHED BY POST, BUCKLEY, SCHU & JERNIGAN, INC. AND HAS NOT BEEN VERIFIED. .64 _ ~ ° 4 ai 1 5.2 1 i .81 _ 7 ~ ~ ~ I~ _ f ~ ^ f I$ P~fl3 WL] AEA1 6~ AS8 A133 WA/ AS.A LM Amtl 643 ALFA A&:J 63ID m4u Alm 7.iFn1 A rl3 i 60.°3 CAd ~ K3 dF C® G:~9 A' III 5.25 AI§~9 6fA @I3 L~ APdI AiYgl A;"A :4Y d`{Y IAL^I Or9 P343 ffiE'd A'6a Add OA9 A19'9 fC4i ASk3 I3k" @EW B4f" p?kA ;~e'~ mt"I SA GIFA CftA IG68 L9EA 81® ®CA A®A WIiA ! :l Ado d9Y [ffiY 4!?H Amy. ~ A45 0:~ Ottt"A P ' IWA 1619 Fg9 bi9r.tl P AI IMDA @uB ® A,4i IXifp Clj'.1 4° j4 dtfi "ICI 69CY sA G.39 A4A ATCI i1® ~ Gffii OR.9 CG11 4',. i p9? i~ ",".47 PIVI A~ 0.^}9 ~ 6^.J" flt3 IXPA -I-~`s1a.713 <~tN~ °T t_szoo' +as a.b2 ~ ~ I t 25'(p) 3 8 ^n ~ r.;7 rccs ano 8101 "m~ ~ i{r,®~ eaa ami z~ q+sy 5x+nrmv~v srm r..~ ar eza sss>1. ra emm a R},1•~a1 ~ ~,+e3.95s.'~,S` ti "a sim eiq `va mz~ i rl {at tm u~sn a"m mm rcm' ~a cmn o-~w may uo-xw k..~w qaa qm m~e ems i~eav eare ~rmt cmim remi Deem ex" r® e~ ra® qur ua~:iY .36 ~ 'V I 5,271 5,26 5:1 COnCILIPI 5.78 2:1' I ~ i I I 30'(p) TE Ped o' ~Fp +3,72 I LB.M, pp~~ 1' I _'I p ~r C° r 1 ~ 10 1 I I 5,69 I ^ I I I 3,88 found P.K. Nail & Disk t'V1.~ p~~1"IL~IVC d?[~~ .?F"~~~ I 1 I i ~ 1 ~I ~1 1 1 ~Elevaiion = 4.12' " 9.6 I Iroi I o I 5,28 5.5 5 li 6 ~ 16,41 i 3 ' ~33 5.81 ~ " I 5,101 ~ 1 m 1 11 ~ 1 I m 1 ~ ~ i ~ + " ~o~ Storm MH 1 4. I ~ -_.`16 D1P 3.7 a R(m 4.13 7,57 1 I I ~ I c n ` , ` Inv 15" RCP N 0.19 1 » ~ il" 9.1 arbage ~an I I ~ I 6 .9.45 A, I ^ I 1 ~ I 1 ~I ~ ~ Inv 15" RCP S 0.18 m I~ 1 10.03 ~ a I I ~ I » ~+5.12. I' S,2' I °a ' 11 ' 5869 •76 m r7 a I I I i I I~{ m a 3,79 4.14 Storm MH o Rlm 4.22 1" 9.36 I cv i n I 0 4 I I ~ a ~ Inv 15" RCP N 0.16 I I ~ I 1 v ~ I~ Inv i6" DIP W 0.33 i i w w 5.6 I m I ~ I i » a c~ r i 1 a _ ~ zv 1o zo- ~J ~ , - I m LOT 50 LO'- X34 .c, w [ g• I ~ I ~ LOT 413 f LOl 4 J ~ L.OT 51 • i I LOT z u ~1 a + I o> LOT 95 i LOT 96 ~ LOT 971 II • g` .23 ti , , 9.6 9y63 ~ co w I I 5. 14 M 3 ~ 34 1pA I i. ti m 1 31 "a N ~ 9,36 i w ~ I ° I o I rn x ~ 9.52 pf~~Pg O {s I o I 0. ~ J ~ ~A»r V O Q I rn + 5109 1 TI I pARASIPHgLT ~lu' I II SL iq b 1 10" p 0' q vi 1 I y Z a: u~ 1 u Cbnc,LlR ~ o I N z Q Ay w rn p A 1 ,1~ a " 1j ~ m z Hr`~ I Y~> I I K I P~ G i« 4.84 6 a4~b~~ ' S 2 i6 (5) ICVs ~ I ~ ~ y 1 ~ O~ Q o o I " ~ ° a;~ w~ti~I I o~ II I a:arn - 14 L D T I +4.26 +4,29 +4,11 a .96 ° 5.48 5J~ ~ 12» 9.~9 ~11~ d a I 5.08 o u w> I j o I u 5~9 ~ I ram r. n; 5.101 2.2' ~ ~ o z „ I .30 r w I ~ U 13 , » 25.01 r` a: I N I y 4,93 5:2 r 11 I I a; I p k I ~I~~ A ' i I.I.? I ~ I 5. 65.67 o 0 4: I 1 r s I ~ 1 2' 14 I I I r i l ~ a + 7,7 arbage Can ~~Ay U ~ i 9.37 I 1 w i s I I I 1 1 I I I~ z 5,40 5,06 9 ""q i i - i 4.92 4.94 r M 9:30 I 10.03 ~f 1- _ I I 1 1 I I ~ ~ w _t _ I I 5A5 I r " I ~ + 5.09 g I _ -1~ _ 0.T I I i I I 1 J ~ t2 Cone I i » m r 0 21" 1 I z ~ q, to Wall I 1 1 m 9.6 a d./ 7 "~----~r , s ~ r~ 2 9.62 9,6'1 ~ ° 0 (I'') i 6 Bla 1 1 1 ~ f i I „ ~ GRAPHIC SCALE c U 12» ~ I Q ~ W - '62'~----,-. 0.7' Con a' Blank Bdrder ~ 20 0 t0 20 40 w r~ 9.33 ~ g,5~ I ~ ~ _ -,_~Crete Woo 5.43 I 4 ¢ I ete Woo 5.43 1 i s„ n ~ 111 I~ O QQ. ` 5,23 Chl 1 Q ~ m ~ ~ r n rv) 1Q" COhCILIP, i W a) ~ 5.68 5.68 Berry Q _ _ , 1r r p 1 ~ I U M 100'(p) 1S"~ \ °?1, _ 5? 4.9 +32~~ 4 (IN FEET ) oPo N r l z @,? J` ~ 1„ i d 1 i. w 1 3 9:43 a p Sr t STORY 2.36' 6.18 W ® 4.28 + 4.45 + A~ 1 inch = 20 ft, I-- 10 x W e z 6 BUILDINGGNRY v, ,1 4.44 / +4.28 ~ ,ta r~ I I ri ; w ~;I w LOT 52 w ~ ~ ~ 1 I o o FPK&D ' r iJ » arbage Can ,1.1 ~ a; I o Q z b, 40.5' 5.21 4.81 4.81 4.99 U 7 i w ~ I 2 ~ ~ O 4,80 + 4.63 5. 5.06 r 9.32 o I y, ~ '*a C Q I Y 5 ~ II 0 ~q r. N a a w 3 I- 4.88 + 5.30 I ~ , ~ 1 p P 0 0 L I Ati 5 3, 5.61 5.a1 ~ 1 ~ ~ Z a 10. T ~ II ~ ~ 5,18 4:78 +7161 ip» 25,34 I ~ 0 6 i +.11 1 w I C O yro 5,87 Plontor w a I ~ ; ~ r t x NcaEr I i6„ 9,25 I 5,50 I RWM I N ao Con OT 98 ° 1 Concrete _ ~ .34 ,°r, II O ~ ~ r i " 20" U 10,02 ~ D Shbwer ~ Crete _C ® 2 E ( 5A1 55, 5s~° IBFP Planter ~ ConclL,Pl 0 a 1 s,1s ~ z + a. ~ - e" r?» » ° 15,a' i as1 r 2.40' Z I Ir ~ ~ 4,69 r 9.53 9.56 I 4.71 ®VJV ~ ° e Stairwell `hc 20.5' CON CRETE o 1 U I r wcr I i6" 1p« 9.33 ,43 q 5.07 ~ ' . :7 x 2.0' Wall r PI ter 56, 3 11 ~ l h 8 8, 4:66 „ 9.09 ~ .~sP.o1 c o; ~d~r~e Wide _ 5.03 r 11 ii" 5. "6;2d'^^,-,,,-, to Block Wall 6' Nth 8A 6.26 a _ _ _ I o //~~~.ll LEGEND b h ' I ^~I 1 4" 1 6~ff" _..,M.~,.,,,_ _ Contra Wide 6.05 - 1 ~ 4 5:74 5,1 ~:b4`----ta Block Wall TF 13 A `.""_--Q--_ " ~ x:46- " 5.41 I I 6.01 ur,JS'"----.-~ r I 4,9 6,1968,D' - 6:0 _ 5.o FND FOUND ° _ ~ 5.17 ~ I 4,3 " SCIR SET 1/2" CAPPED IRON ROD "LB 4513" i r 15» 8:45 5.17 w I Stair Weft 6A4 .97 i ~ ~ . ass 15, i I ~ o.e x 2:0 5,84 THE LL,t~) r D-WHITE--SI^ ~i Columns I r I -WHITE--SKINNER SUBDIVI ~ C1N 44.73 4' 6 ?~'S6 +4.39 FIR FOUND IRON ROD (SIZE NOTED) +4.56 29 FCIR FOUND CAPPED IRON ROD (SIZE NOTED) I~ I w (iypicai) ~ 5ss FLAT BOOK 13 PAG r onc,LlPll 5s7 BOOK 13 PAGE 12-13 F,C.LR, FRR FOUND RAILROAD SPIKE a.g iI SANITARY MANHOLE • PK PARKER KAYLON NAIL II 4 ~ 5.6 5:60 T,e:M. ~ I i; LOT r 7.68 I Set P,K, Nail • u n 28.5' 5.6 LOT 99 14'35 II TOP = 4,61' FCM FOUND CONCRETE MONUMENT SIZE NOTED) .65 4.74 Elevation = 4, I " 5.95 5.77 5.59 5.57 INV S = 1,22' FIP FOUND IRON PIPE (SIZE NOTED p A R K ISN G ALT „I 11 INV N = 1.18' FCIP FOUND CAPPED IRON PIPE (SIZE NOTED) 5.15 4.84 t 4:63 4•'13 4.69 .Garbage Can 15~ 1 99 z x c 16 Diameter A S >r I ~ F 5,a7 1» p q R a.s7 l4" y sas I w o o- columns (ty~,) 6 curb K I P ,a I Il INV W = 1.23 FN&D FOUND NAIL & BRASS DISK i6~ ConC,L,PI ndrail I •78 9.86 i ~ u _ I Ha 4.99 q ~F 5,31 4.54 6,24 E i 15,1 L 0 T ° 11 INV E = 1.35' SN&D SET NAIL IN BRASS DISC "LB 4513" I ~ C R E T 54~b + 5.69 I I II PLS PROFESSIONAL LAND SURVEYOR +a.5a I II LB LICENSED BUSINESS Garbage 4,26 4,23 4,34 C p N I +4,91 4,63 i r I 4.53 .9 ,33 I " 5.57 5,54 ~6" Curb 1 P PLAT ,O6 p 4.54 6.81 I 5.1 i 5:63 15 Diameter 5,49 ,4 4,26 Hand'a1i 18„ 4" ~ Columns (typ.} 7..0' x 2,0 Z-- _ _ a,2a D DESCRIPTION 11 F~ FIELD MEASURED ~ Air Candiiloning 5.47 ~ 100' 4:22 I6" 9A41 Unite t Ical 5,47 ` - . ( _ _ t oo'(p~ I o_ 11 (C) CALCULATED DIMENSION 4.13 T E 4,42 4:46 0 4.1 ICV r ~ ~ ) 5,41 5,46 _ ` E C R ~ Cn,IP, a _ - - 1 ~ 11 O.R. OFFICIAL RECORDS (BOOK) N d cL c a D4 ~ » I 0 4.16 4, 4.6 r 1 0 4 ~ w - _ ro_ _ - - 110' P 5,93 ,O6 ~ ~ ° 4.61 ~ g - 5.54 PG PAGE -1 II PB PLAT BOOK k, N~ ~ t 4.49 E ~ y6 ~ + 7.51 i " ° 50.4' S• 11 4.z7.~ a,~ P,O.B, POINT OF BEGINNING I Show V• b .71234 ~ +4:98 (3) ICVS if59,2 4 ~ ` 62 er ~ c ~ I 9,83 i ^ ~ _ 5.5 12„ 9" ip" 9" " Q~ " 12" OIP4 Ign 4.2911 +4.39 +4,24 .09 RWM 1 ~ '''b r 1 5.. 5' ' r 5.34 4.9 sPyGL ~ 5,4 5:50 I 4.42 0 4:9 5:86 A S 1 9.51 I i LoT 1 pp 4ae it ® Reclaimed Water Meter LOT 1 U 5'17 P saa 11 ° PM Perking Meter ~ Ornametal Lights ~ 1 - I s sroRr 4.37 p I MASONR I ' aa7 II ® Electrlc Meter D Traffic Signal Box 13" ~ 9" x HOTEL y - 11 _ o) II oB-FPo Back Flow Preverrter •I'P' Iron Pipe 3 F, i ~ m F. EL ~ ~ ® I ~ u 1 Q c , EV. 6,5 , 4, s" 8,25 1 ~i m ~ ~ I.R. "1 II °HB Hose Bib • Iron Rod 3:98 4,e3 a h I a 8 LOT 54 I 5.29 11 oS PN x 3' ~ I + 4.82 4.52 & « o ~ 1 -1.514 Crete 12» ° 1 'o q ~ r h~ I iI ~ Sprinkler • Pinch Pipe T nsformer Pad r T67 1 ny m U h 4,14 1 8.34 4.67 i _ x + +a,53 I 11 • Water Meter oN~C Nail & Cap Concrete Inlet r 1e' I a.62 ~ ~ - 1oo'(P) 7. o I 5:37 _ S ~ H To = 4.33' '76 17,81 ® wood Barricade P ~ 4:30 I WV q R K SN GH A..L,.~ L O T -409 11 ®FH Water Valve oFPlt&D ail 8c Disk 4.71 N.Inverk = 0.3T s WV i to No Access P A R K I N G - 1 N 4,45 ii„ I +~-L.. ~ ~ V Fire Hydrant •RR Found Pk Nail 8c Disk » S.Invert - -0,25 ~ 1.r ®57,0 11 ( , ) 1 3 5t•.9 14,94 W.Invert = 0.45 $t ~ 7:67 7.39 • 3 5s2 5,0' I 1 3.941 +4.a5 ® Ges Valve • 4,23 3. 9 n 12» » 4:85 {•4:86 FDC 33.T o 5.0' i 1 11 +4,15 Railroad Spike 1 iI +4.06 64 B Bollard oS&T Stake & Tack T.B.M. 4. $ ;0 9 4,83 4.70 4.9 ~ o ~1 4,63 Box cut in 4.32 3" B - 1a.o' " 1 5.61 Concre a inlet 4. 6.92 W Planter 110' p ~ A Concrete D i 1 1 2 BFP I~ 5,73 LOT 101 Top = 4.57 Trash Can 6.33 1 0 ~ ~ - _ ~ ~ ii" Elevation = 43@ ~ 4:31 Area ° I 5s1 c,~,E ICV C,M. _OT 1 01 1 11 D4 Irrigation Control Volve ~ Concrete Monument E.Invert = 0:61 ~ ~ ~ r l i .39 Y O w w .8 Concrete Wcl ' - 86 3,8 ~ bh 6,2 I ~ O ~ - i 5a2 a s~„,~ 5,os 5.os 4.a71 3,g 11 FPCMH ~Elev Benchmark 4.60 ~ ,.~:~SRC~, 3,~0 hl o to ~ ~ ~C GTE Ped PM o o ~ MAIL-.1 ~1 Q Florida Power Manhole ~ I~ 4.45 I .B 6:68 O a I 4' x 5' pM o .61 p r ^m W1f» i ~ 2 z° M1 N Concre a PM pM ° ° ox , 11 ~C.B,M. Construction Benchmark PM 1 . ?i, a 4.t ELE `EI~C~ o FPC Ped Florida Power Pedestal 3.941 I ~ 4. c NO ACCESS TO THIS AREA I o a? NO ACCESS TO THIS AREA Transfo er Pad 418 4,54 4: 4,01 r I ~ 5,80 i ° ~ I o, wv U I 1 GTEMH S.C.LR. q r ~ FH I~ LOT 55 iI • Set 1/2 Capped Iron Rod #4513 I Q Telephone Manhole 4:74 I I ~ 1 a BUR d 06-_ _ 5.50 1 WV sclR 1 2" IED 8 ~•LP, W 3 k,1 11 O FPCMH o GTE Ped Telephone Pedestal •F,C,I,R. Found Capped Iron Rod ' I 1 34`-----.- ~ LB.a51a Wv I (ELEVAT ATER l1NE ' 4,32 la" r I I ® ~ ON TOP OF - _ N63 52'15°I!''_° WV WV~~ PIPE I 1 WV 11 Conc,L.P (F) Fieid measured i .1 11a,r;~~"'-.--_ N84'2T30" ® ~ _ 100' P ( a 4,70 I r w 3 ~ 1 ~AN~ 0 'Concrete Light Pole too'(p) - 1 o i OP,P, Wood Power Pole (P) Plat ' I • I 4. 4ss' D~1 I - ~ lvl • r ~I 5s4 N83" ~ ~ I ~ I 1 2 15 W ~ CURB INLET LET _ 4.1511 `~IAN> fnd Found ~ 3.5P OL,P~ Metal Light Pole c 4.12 r 1 1 a I RIM=3.63' ° II I i _ 3' 1.1339 ~ 1 +3.81 +3.94 ~ Number i7' Ii +3.at 3so F Guy Anchor PB Plat Book r I . , i TOP-3.57 5.10 I N I base matenal 1 , INV.=0.08 . 4.64 r ? I Souther) 20 Lot 55 1$' I ~ I I I(under construction) I Y , ' SCIR 1/2" ~ Ii oCTV Cable TV Box Elec. Electric(al) o r 1 1 ~ 3 I I I I- " 226.98 F ~ 7 BURIE I 3'(F 3,66 LB45t3 ~WV 3'~~1 S.C.L Seaboard Coastline Railroad 1 I I I - 110' p D 8 P,V.C, W 3.57 l 0 13» I i I - - _ (ELEVATIO A1~R LINE 3.57 FH W~/WV'- - ° . II Centerline l 3 ;SO ( I I Q 1 sw comer - . _ NS ON TOP I 5 tit I Lot 55 1 - QF PiPE~ LOT 103'20 II T 103'Za t l 1 ' 6 11 ° Oak Tree PLS Professional Land Surveyor i t ' 2 curb a•. II LB Land Surveying Business 4.87 p .P91! i t I -i I iiU.G. CHAMBER CONC Concrete torm ttanhole - So~.itl~erl 301 l_o ~ ~ v I~ o - I~~- - 5:26 I I 54 ~ Top - 5,20 II ~ ~,._r-__ I I y 30' l_o~ti 102 ° I i a° 1 1 RIM=3.49 W R/W Right of Way E•Invert = -0.98' II I I ~ _ I I I I I I I iI RIM=3.50' CENTER) Pine Tree (TYP.) Typical ° S.Invert = -0:06' II r I 1 _ _ gl I II I I ,85 1 LOT 50 i- ail 5:45 Ii r I I ---..._,CURB INLET 1 A l l rcj ~ I RIM=3.48'~E) LD, Identification 4.40 115.37 i I I DRAT AGE MANHOLE (SEE NOTE No.1~` - ~ RIM=3,67 " - oo'(P) ~I I _1 oo'(p~ ~ t I I 11 INV, E)= -1.91' U.G, Underground - - III 11 INV.~W)= -1.93' FPK&D Palm Tree 4. 4.15 5.44 ~ - z~__-__ _ _ , ~~10 Columns 15:41 I I Top - 4,50 ~ ~ _ _ - _ TOP 3,63 II Q 5.11 II ~ I I ~ - 7.96 ~ ~ - _ INV. E _ -1.81' I I I I ` - _ ~ 11 BOTTOM= -4.76' ° ~ PA,C, Paint of Commencement 9 4,45 T s II I I N,In ert - -1,22 o ( - _ _ NOT INCLUC>IED _ It 3 4Shower ra h C ~ _ ~ - . ,I; INV• N - -0.33 313 I f II Bush P,0,6, Point of Beginning Area u I I E,In ert - -1.81 1 - _ I Ll, v,~--e~.w~-150t~5 PAGE 2109 INV. W = -1,96' i I II 1 I I ~S ert = 84' - - - - 3.2411 ±I 1 - +3,7a +3,a5 329 MH Manhole '96~ 3,24 ! 11 RIM-3.76 Found Paint Mark for FDC Fire Department Connection ~FOC~ Found Paint Mark for .I I i I 'I , 22.1' - _ _ -L_ - I I 4.98 ~ ~ 4:48 ~W,I vert = -1.31 1 _ ~ _ 3, .II 4,41 ~ ) q 28.1'- - _ 3, I I 3 1 II NO ACCESS Underground fiber Optic Cable s.SAN~ LOTS OF TRAFFI ~ Under round Sonitar 5,53 >.Ii ~ i I ~ I i _ 1 -36_RCp`` all Utility B~x I I n+ 28,1' - - _ _ - _ 3,7 p I 11 ( ~y RcP ~ ~cns~ Found Paint Mark for g Y Found Paint Mark or 3,7 ~ 1 Underground Gas ~ELEC~ f D , 3.~6 Underground Electric NII o o I ~ _ I Concrete ! I 28,1 ` - - 3,13 r 3,59 77 II I I ~ n ~ I I _ _ LOT 103 3. A _ _ D Q _,.,II 3.23 3.43 3 ~ Found Paint Mark for FF M rk 103 3'733.5 _ R _ Storm tdH a uT~ Underground Telephone "~AN~ Un~ea round Capl f~V - ~I 11 Inv 15 RCP SW -0.19 RECLAIM- +1 1 I i ; 28.1' 36 RCp -3.~„~„___~ 3,76R1m 367 ~~a ~ Found Paint Mark for 9 a e 1I i f 2.0~ X~ HESS r... i 1 _ 4.44 ~i Q 2.0 Mq THE 1 I' 28,2 _ II 1 ~ I L_.. _ sonry ~ L rNERf.Y , _ _ t; Mf° Underground Reclaimed Woter ~wArER~ Found Paint Mark for Under round Water II P ? I > Columns - . _ 2o.d ~ 2 ~5~ (ty ;co - _ 1 EET TH 8,1 u I i „ I P I) _ 10'(~ i EREOF if - ~ I 2 1' _ ~ 1 3 I 1" = g II r I W 18.1' ~ I I+ I ~ I - - ry 1 ~ transformer 5.00 I I r J 4,58 ° - _ _ 5,59 r I 4.51 I - ~2,s8' II II I~ ~ 2 - 1 uta' Yard Drain g I I i _ (p) 5,47 vl! P _ ~ , ~ I 4:11 ls" yl Invert - (-0.49 ~ - _ - Ji II ~C c,L~P, n~ K 5,09 `411 r I ~ I N, ~ n y I r ~ a; ~ : a~ ~ I C*i ~ a a? t i fAi ~1 s., "d y;= ,1 N 4 SUNCOA T ~ - - S LAND SURVEYING. Inc. ,N 2 E- , 111 FOREST LAKES BOULEVARD oil t OLDSMAR, FLA. 34677 No. Date Description By DRAWING # IrProject g No. BOUNDARY - TOPOGRAPHIC - CONSTRUCTION STAKEOUT Checks B JAC 267&268 d y Field Books PH: (813) 854-1342 FAX: (813) 855-6890 SHEET 2 of 2 Drawn bY 9:/Fp : CRZ Pa a a9 es 13-17&22-25