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DVA2008-00002
DVA2008-00002 619 S GULFVIEW BLVD SHEPHARD'S BEACH RESORT PLANNER OF RECORD: WW ATLAS # 285A ZONING: T LAND USE: RFH RECEIVED: 12/01/2008 INCOMPLETE: COMPLETE: MAPS: PHOTOS: STAFF REPORT: DRC: CDB: CLWCoverSheet r ??? ater U . Planning Department 100 south Myrtle Avenue Clearwater, Florida 33758 Telephone: 727-562-4567 Fax 727-5624865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION Including folded site plans ? SUBMIT APPLICATION FEE; 4 CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS-PAGE ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: DEVELOPMENT AGREEMENT APPLICATION (Revised 05/22/02) ORIGINAL RECEIVED PLEASE TYPE OR PRINT A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A) t'49fVNING DEPAI APPLICANT NAME:. WILLIAM M. SHEPHARD, TRUSTEE CITY OF CLEAR% MAILING ADDRESS: 601-619 S:'- Gtilfyiew' Boulevard Clearwa er arh F1 137fi7 PHONE NUMBER: (727) 442-5107 FAXNUMBER: 72 4 -2 0 CELL NUMBER: EMAIL ADDRESS: PROPERTY OWNER(S): WILLIAM M SHEPHART? TR TRTF'F (Must Include ALL owners) AGENT NAME: HARRY S. CLINE. ESQ MAILING ADDRESS: _ Pna of f i rp Any 1669, Cl p a-- n tpr FT 13757 PHONE NUMBER (727) 441-8966 FAX NUMBER _ (727) 442-8470- B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: 619 S G Db fV *I-V P LEGAL DESCRIPTION: _ See Exhibit "A" a arhpa hpratn PARCEL NUMBER: {7-27 -117- O'P6+-003-0016 and 17-29-15-00000-220-0100 PARCEL SIZE: 2.689 acres (2.37 acres of upland from face--o f seawall (acres, square feet) .319 acres from face of seawall to mean high wat PROPOSED USE AND SIZE: _ 18.6 MOTEL &OM lb (number of dwelling units, hotel rooms or square footage of nonresidential use) DESCRIPTION OF ANY RELATED REQUEST(S): , n S (approval of a developmentinclude all requested code deviations: e.g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (i ), A PREVIOUSLY APPROVED PLANNED UNIT DEVELOPMENT. OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO _ ('d yes, attach a copy of the applicable documents) r] Page 1 of 5 - Development Agreement Application - City of Clearwater • l Clearwater Planning Department 100 South Myrtle Avenue Clearwater, Florida 33756 Telephone: 727-562-4567 Fax: 727-562-4865 ? SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION ? SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans ? SUBMIT APPLICATION FEE $ CASE #: DATE RECEIVED: RECEIVED BY (staff initials): ATLAS PAGE #. ZONING DISTRICT: LAND USE CLASSIFICATION: ZONING & LAND USE CLASSIFICATION OF ADJACENT PROPERTIES: NORTH: SOUTH: WEST: EAST: DEVELOPMENT AGREEMENT APPLICATION (Revised.05/22/02) PLEASE TYPE OR PRINT- A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION; (Section 4-202.A) APPLICANT NAME: William M. Shephard, Trustee MAILING ADDRESS: 601-619 S. GulNiew Blvd.,' Clearwater PHONE NUMBER: 727-442-5107 CELL NUMBER. FAX NUMBER: EMAIL ADDRESS: PROPERTY OWNER(S): William M. Shephard, Trustee (Must include ALL owners) AGENT NAME: Harry S. Cline, MAILING ADDRESS: P.O. Box 1669, Clearwater, FL 33757 PHONE NUMBER: 727-441-8966 FAX B. PROPOSED DEVELOPMENT INFORMATION: STREET ADDRESS: LEGAL DESCRIPTION: See Exhibit A PARCEL NUMBER: 17-29-15-05004-003-0010 PARCEL SIZE: 2.37 acres within Tourist District; 0.319 acres within Preservation ORIGINAL (acres, square feet RECEIVED PROPOSED USE AND SIZE: 186 motel rooms and accessory uses (number of dwelling units, hotel rooms or square footage of nonresidential use) 2009 PLANNING DEPARTMENT CITY OF CLEMWATER DESCRIPTION OF ANY RELATED REQUEST(S): (approval of a developmenlinclude all requested code deviations; e_g. reduction in required number of parking spaces, specific use, etc.) DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS.(TDR), A IOUSLY APPROVED PLANNED UNIT DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES NO (if:yes,.affach a copy of the applicable documents) Page 1 of 5 - Development Agreement Application City of Clearwater 0 0 B2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.B) An appliceilcn for approval at ¦ development egreememt shatI be acxompwded by the following (use separate sheets or indude in a formal report} O STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS 0 DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE DEVELOPMENT; o DESCRIPTION OF THE USES DESIRED TO BE PE2MFTTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING INTENSITIES AND HEIGHTS: 0 INDENTIFICATION OF ZONING DISTRICT CHANGES. CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVELOPR PROPOSAL WERE TO BE APPROVED; 0 ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES; 0 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) I )U SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION I D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4-606.G) Provide time following contents to the development agreement, as follows: Antenta The approved development agreement shall contain, at a minimum, the following information: ORIGINAL RECEIVED a. A legal description of theland subject to the development agreement b.. The names of all persons having legal or equitable ownership of the land. OCT 16 2000 c. The duration of the development agreement, which shall not exceed ten,years. PLANNING DEPARTMENT F-4PWATER d. The developmentuses proposed for the land, including population densities, building intensities and building height: CITY OF CL e. A description of time public facilities and services that will serve the development, l xAMIng who shall provide such public facitities and services; date any new public facilities and services. 1f needed, will be constructed; who shag 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 cashiers 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 factiities and servi required to be constructed by the development agreement. The development agreement shag provide that such construction shag be compy prior to the Issuance of any certificate of occupancy. f. A description of any reservation or dedicellon of land for public purposes. g. A description of all local development approvals approved or needed to be approved for the developmenL h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied. L A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commisslon for the public hea'. safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or older requirements may be supplemental requirements In existing codes or ordinances of the city. 1. A statement Indicating that the failure of the development agreement to address a particular perndL 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 Commiseton. that the entire development or any phase thereof Commenced or be completed within a specific period of time. The development agreement may provide for frquidated 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 shag 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 shag be applicable to the lands subject to the development agreement, and that such modifications specifically anticipated in the development agreement Page 2 of 5 - Development Agreement Application - City of Clearwater 0 0 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; O PRELIMINARY PLAT, as required; LOCATION MAP OF THE PROPERTY. 1 TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH A' or.greater), and location, including drip fines.) GRADING PLAN, as applicable; F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A) SITE PLAN with the following Information (not to exceed 2r x 361: _ AI dbnenslons; North arrow; Engineering bar scale (mh8mum scale one inch equals 50 feel), and date prepared; _ Location map; Index street referencing individual sheets Included In package; Footprint and size of all b"ngs and structures, AD required setbacks: _ An 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 an street fights-o way within and adjacent to the site; Location of existing public and private utilities, Including fin; hydrants, storm and sanitary sewer fines, manholes and tiff stations, gas and water Ines; All parking spaces, driveways, loading areas and vehicular use areas; Depletion by shading oraosshatching of an required parking lot interior landscaped areas; Location of all refuse collection facilities and all required screening (min. 10'x12' dear space); Location of all landscape material;. Location of an onsffe and ofsite stoma-water management facilities; Location of an outdoor lighting futures; and _ Location of all existing and proposed sidewalks. ?J SITE DATA TABLE for existing, required, and proposed development, In writtenftabular form: Land area In square feel and saes; 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 an paved parking spaces and driveways, expressed In square feet and percentage ofthe paved vehicular area; Size and species of all landscape material; Official rectirds book and page numbers of all existing uhTity easement; Bullft and structure heights Impermeable surface ratio (LS.R.); and _ Floor area ratio (FAR.) for an nonresidential uses. ORIGINAL. REDUCED SITE PLAN to scale (8 WX 11) and color rendering if possible; RECEIVED FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan: ?o?? One-W cmdours or spot elevations on site; n rT O 1. t 1 Oftsite elevations If required to evaluate the proposed stormwater management for the parcel, Afi ,Pon.space areas' PLANNING DEPARTMENT _ Location of all earth or water retaining walls and earth berms; Lot lines and building tines (dimensioned); CITY OF CLEARwATER Streets and drives (dimensioned); Building and structural setbacks (dimensioned); Structural overhangs; Tree Inventory; prepared by a 'certified arborist', of all trees B' 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) ??(f LANDSCAPE PLAN: All existing and proposed structures; Names of abutting streets; Drainage and retention areas Including swates, side slopes and bottom elevations; Delineation and dimensions of all required perimeter landscape buffers: Sight vWbMty 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 dripiine; 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, backfiilirng, mulching and protective measures; Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing In both square feet and percentage covered; _ Conditions of a previous development approval (e.g. conditions Imposed by the Community Development Board); Irrigation notes. ORIGINAL REDUCED LANDSCAPEPLAN to scale (B :4X 11) (color rendering N possible); RECEIVED r1 n 0 IRRIGATION PLAN (required for level two and three approvaQ; CCT 16 2009 0 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 ofs Comprehensive Infill Redevelopment Project or a Residential Infill Project. BUILDING ELEVATION DRAWINGS - ail sides of all buildings including height dimensions, colors and materials; . REDUCED BUILDING ELEVATIONS - four skies of building with colors and materials to scale (8 %X 11) (black and white and color rendering, If possible) as required. ,( L SIGNAGE: (Division 19. SIGNS /Section 3-1806) lefp"Tv- D Comprehensive Sign Program application, as applcable (separate application and fee required). 0 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: 1, 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. Signatur f perty owner or representative HARRY CLINE Swam to and subscribed before me this By of A.D. 2008 to me and/or by HARRY, CTS C .i E who is persone_tl knWp has produced as Identification. I MoTry puric,Kathleen A. O'Hearn My commission expires: STATE OF FLORIDA, COUNTY OF PINELLAS ?d r Page 4 of 5 - Development Agreement Application -City of Clearwater • L AFFIDAVIT TO AUTHORIZE AGENT: (Names • t. That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location): 61q S. f,nl fvl Brr Rniil evard . C1 earwaYar _ FT. V17A7 - cao 7Z li41,; r "Air attached hereto and incorporated herein by reference. 2. That this property constitutes the property for which a request for a (describe request) from the density pool; and Application or approval o trans ter o development rights involving the properties on Exhibit "A" as both are the send and receiver of those devel pment 3. That the undersigned (hawbave) appointed and (does/do) appoint HARRY G f-T.TNF. ]rights. as (hftAheir) agent(s) to execute any petitions or other documents necessary to affect such petition; 4. That this affidavit has been executed to Induce the City of Clearwater, Florida to consider and act on the above described property; 5. That site visits to the property are necessary by City representatives in order.to process this application and the owner authorizes City representatives to visit and photograph the property described in this application: 6. That (Vwe), the undersigned authority, hereby certify that the foregoing Is true and s COUNTY OF PINElIAS STATE OF ftORIDA, Before me tlna dersigned, an officer duly commissioned by the laws of the State of Florida, on this A q de. . un200$ personalty appeared WILLIAM M:'-SHEPHARD who having Deposes and says that he/she fully understands the contents of the affidavit that he/she signed ?'??n;?u, SMARYN R PRE.(. My Commission Expires: * * IIIYCMISSIONIDD4=68 Notary "' EXPIRES: Jolt' A 2oD9 ?`orwd'? BadMThNBudQettiOhrySMYlon day of ORIGINAL RECEIVED S:IFlenning DepartmenAApplicabon Formsldevelopment mviewtdevelopment agreement appfics6on1doc OCT 16 2009 PLANNING DEPARTMENT CITY OF CLEARWATER Page 5 of 5 - Development Agreement Application - City of Clearwater .sl . r CO CTI%k_DEEb_ R• Oltttctans'DSSa' . RA CO FORM e, .. t his Quit :Maim deed, trertrletl fhf ??F filar of u,. _ . ern. 10-ea . 6 . "- Willi, H. Sheppard , first parly, to William M_ Shepal's _ ' r • Pftlil?f Trust Agreement; dated February 29,^1984, known as the Sheg'har? Family Trust whwa,postojfireoddressis. 614 Gulfview Blvd., Clearwater, R1 34630 second party: (Whrrr mad hntiw 11 U.- -'fins parrT•• .cif ••.?orwt pa.,!•• J au i it dr YnrY4t AtiArphu.'k Min, ks.1 reprawnti.C,.and ai d iaS,.idw aad tM' wuraraa a.d aw.rm uI -P-6.u. re.e rLr t,a.W N adtoiu m rryuirra) • . ?Wtnesstth, That else said firs, party, for and in consideration of the sum pf S '-0-- fn hand paid the said second party, the recoifii whereof is hereby 6cinowledged, does hereby germs,, to. i lease and quittTaem-unto ehe said second party foretxr, a114he.tight' fiito, tnlemil, claim and demand which ' Ilse sold first pony has ip.and to the following described lot, piece or parcel of land, ,,male, lying and being in the County of Pi, ellas S1.1. 1 Florida , fo-tulf: See Exhibit 'A• attached hereto. Full powet and authority is granted by-this deed to said Trustee or his success- ors to proteat, conserve, sell, lease, improve, to convey either with or with- out consideration, to mortgage, pledger or oterwise encumber said property and Co manage and dispose of the real property or 'any parb of it described `in this recorded instrument. Subject to restrictions and easements of .record. _ Subject' to, that certain mortgage presently held by" the Bank of elearwate'r, a state banking association -rn the principal -sum of $405,000 dated February 28, 1983; and filed March 4; ,1983 in OR 5484 Page 1555 of the Public Records of Pinellas County, Florida. This'property is not homestead property. The Grantor resides at 500 bluff View Drive, Belleair Bluffs, Florida. THIS DEEQ IS RECORDED FOR THE PURPOSE' OF CORRECTING THE DATE OF )iE SHEPHARD FAMILY TRUST AGREEMENT WBICa SHOULD BE FEBRUARY 296 l??Q?t4 4 '305 V6- A RZCORDIN4 i. I • `)c ,All's . . 1 To 'kaut and to 161d oh. -ome.,"ether with ou and singular the appurlenancei th6v"io ' b-Pong0t; or In anywise apperiaininp, and all the estate, tight, lute, interesl.9ntfiCK;4HiTy.Tiiad dWA what. soever of the said first party, either In taw or equity, to thn only proper use, benefit and 66-4-14- Iltrav said 10 Witness 1Whert0f, The.3aid first par; has Signed and sraabd these presents the day at year' first above u'rihen.' Signed. led and Jobuered an p -- WILLIAM M: SHED -s-10 /_Z?- A.- . ... ... STATE OF FLORIDA. C(IUNTY OF PINELLAS - I HEREBY CERTIFY that on this 4 1 befaie me-An cffircr.dulr suthbrued is the Stair aforesaid and in the County atureutd to wee acknowledgments, pea-aall)q"spprQd WILLIAM K. SHEPHARD to tar known to be-the prnpn dncriiwd in and rYo rxctutcd dtr forrgainS.•itutrumrat and he acbnov'iedgrd -bifure .me that he vwcuted the carpe, • WITNESS 'my hand and - ofGcul seal in the County and Stage .Lnt afortyaid th' 3 (-1 ? a day_of A. D 19 NOTARY PUBLIC M•y commfssion expires: r RETURN 5(X. L-#M tWN Y?in buirulue7rt ftltprfal7 'i .. II • 0 S?'++? - W QWEssAft Im - it$/era f" LAW OFFICES Sop - '• a FtAyMONDLPARK P.A 1217 Ponce Do Leon Blvd- CI&Vwster. FL 34816.1285 ` ..... ,.!:... , L. .t:- ZId 0.55 .J5 r ORIGINAL RECENED ACT 16 2009 PLANNING DEPARTMENT CITY OF CLEARWATER EXHIBIT A - ; • 9L • _ • LEGAL DESCRIPTION' ' - '%7 Lots 1 thrn 5jr Block 'C",;.Wayside Subdivision 05, according to the map of plat thiereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Piiellas County, Florida, and begin at the North- - westerly'corner of Lot i, Block e Subdivision iFS, !a ' recorded in Pldt Book 38, Pages 38 and 39,-of the Fu-blid Records' of ' Pinelbae County --Florida: thence Nortli 54 -degreea_t25' >30??b3d4 , feet a i the Soutberly line of Gulf Boulevard) thence South 12. " % degr ee8 fO , 00 {i, and parallel to the Weetnrly boundary of the „said , Lot 1, _Block "C", Bayside•Subdivision 05, a distance boundary of 286 3 - feet to the•watere of Clearwater Bay and thence Easterly along the - zbore line of Clearwater 'Bay 67 feet more or less to the intersec- ' tion of the sbore ld,ne of Clearwater Bay and the Westerly -boundary • - line of said Lot ], Block "C", Bayside Subdivision 05, thence North 12 degrees 40' WE, along t1le'Vieterly boundary of the said Lot 1, - ' C", Bayside Subdivision 15,-295 feet.- mere or less 'to the - Point of Beginning, Section 1.7, Township 29• South Range 15 East, - " ' T Pinellas Conntq; P3orida. - P • • a • ORIGINAL RECEIVED l 200J OCT ` PLANNING DEPARTMENT - I CITY OF CCEARWATER _ a G - • PREPARED BY AND RETURN TO: HARRY S. CLINE, Esquire Macfarlane, Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 Clearwater, FL 33757 ORIGINAL RECEIVED NOV .a ? 200 PLANNING DEPARTMENT CITY OF CLEARWATER DEVELOPMENT AGREEMENT THIS-DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day of , 2009, and entered into between WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ["Hotel Density Reserve"] to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 2.689+ acres of real property ("Property") in the corporate limits of the City, consisting of 2.37± acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and 0 0 WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B"; and WHEREAS, upon completion the planned mid-priced hotel will contain one hundred eighty-six (186) units, which includes sixty-eight (68) units from the available Hotel Density Reserve; and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duty called public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2008-12033 on 2009, conditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the family nature of the beach community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. 2 0 9 SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Proper", Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.l The Property has two (2) land use designations and zoning districts: Land Use: Resort Facilities High ["RFH"] and Preservation ["P"]; and Zoning: Tourist ["T'] and Open Space/Recreation ["OS/R"] Districts. 3.2. The Property is owned in fee simple by the Developer. 3.3 The Property is generally located at 619 S. Gulfview Boulevard, Clearwater, FL 33767 as more further described in Exhibit "A". SECTION 4. Scope of Project. 4.1 The Property is 2.37 acres. Under current zoning it is authorized 50 units per acre, or 118 permitted units. The Developer is seeking 68 units from the Hotel Density Reserve, for an overall total of 186 overnight accommodations. The projected height of the building is 138 feet. 4.2 The Project shall include the following parking spaces, as defined in the Community Development Code: Existing Garage: 191 striped + 1 handicap + 28 overflow = 220 total Proposed Garage: 123 striped + 1 handicap + 40 overflow = 164 total Grand Total 314 striped + 2 handicap + 68 overflow = 384 total 4.3 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B". 4.4 No more than twenty-five (25%) percent of overnight accommodation units shall have full kitchens. Kitchens shall be limited to those units identified on approved plans. 4.5 The Project shall comply with the Metropolitan Planning Organization's [-MPO"] countywide approach to the application of concurrency management for transportation purposes. SECTION 5. Effective Date/Duration of this Agreement. 0 0 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G.2." 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2008-12033. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida 4 Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.1 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the Covenant of Unified Use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units,- or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated Covenant of Unified Use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve, Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional sixty-eight (68) hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2008-12033 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer hereby agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by 1`1-1)2008-12033 and by this Agreement. 5 0 0 6.1.6 Transient Use. Occupancy in the overnight accommodation units is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty (30) days, provided every occupancy is limited to thirty (30) consecutive days or one (1) month. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 The Project shall receive sixty-eight (68) units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.6 Transportation concurrency requirements have been met. 6 • • 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement; the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: IL]. I That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11. 1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. 7 • • SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: William M. Shephard, Trustee 619 S. Gulfview Boulevard Clearwater, FL 33767 With Copy to: Harry S. Cline, Esq. Macfarlane Ferguson & McMullen Post Office Box 1669 Clearwater, FL 33757 With Copy to: Oscar I. Garcia, AIA 318 SE 8"' Street Fort Lauderdale, FL 33316 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3?`') day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14. 1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terns of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assurnes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or 8 0 0 other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation.. limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit ol? the City. and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation 9 0 0 or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. 10 0 0 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: Print Name Print Name As to "Developer" By: CITY OF CLEARWATER, FLORIDA Print Name: Print Name As to "City" Attest: WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 William B. Horne II, City Manager Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney II • STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was , 2009, by WILLIAM M known to me or has [ ] produced STATE OF FLORIDA COUNTY OF PINELLAS Notary Public Print Name: My Commission Expires: The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater; Florida, who is [ ] personally known to me or who has [ ] produced as identification. • acknowledged before me this day of SHEPHARD, Trustee. He is [ ] personally as identification. Notary Public Print Name: My Commission Expires: 12 0 0 EXF11131T "A" Legal Description of Project Site Lots 1 thru 5, Block "C", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54125130" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12040100" W., and parallel to the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C", Bayside Subdivision #5, thence N 12140100" E., along the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. 13 EXHIBIT "13" Site Plan, Elevations and Floor Plans 14 • EXHIBIT "C" E COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of 2009, by WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule I attached hereto and made a part hereof (hereinafter, the ("-Real Property"). The City of Clearwater, Florida (the "City"), has amended it's Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Bench by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on , 20_, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will rein with the title to the Real Property. THEREFOR-E, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 15 0 9 I . 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 sixty-eight (68) units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and-classified as a hotel, and-must-be=oper-axed-by a_single-licensed operator of the hotel. No such hotel unit shall be used as a primary or permanent residence. 2.1.2 All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.13 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). 22 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests; visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing?Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 16 5 RecordinV. 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 , 2009. In the Presence of: Print Name Print Name As to "Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA By: William B. Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk 17 Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 2009, by WILLIAM M. SHEPHARD, Trustee. known to me or has [ ] produced Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 12009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: day of Fie is [ I personally as identification. 18 EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the. "Agreement") is executed this day of , 2009, by ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW. THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a 19 0 0 single uni (ied project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of 52009. In the Presence of: Print Name Print Name As to "Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA By: Attest: William B, Horne, II, City Manager Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney 20 0 0 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM M. SHEPHARD, Trustee. He is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 1 AFISOSHEPIIARMDevelopmentAgmt.I1-11'09.doc 21 0 ?lpr?sr CITY OF CLEARWATER POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748 MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE CLEARWATER FLORIDA 33756 's•?ert •nR ` TELEPHONE (727) 562-4567 FAx (727) 562-4865 PLANNING & DEVELOPMENT December 21, 2009 Harry S. Cline, Esq. MacFarlane Ferguson & McMullen P.O. Box 1669 Clearwater, FL 33757 RE: Development Order - DVA2008-00002 619 S. Gulfview Boulevard Dear Mr. Cline: The City Council at their meeting on December 17, 2009, APPROVED a Development Agreement between Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design and Community Development Code Section 4-606 for the property at 619 S. Gulfview Boulevard. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at 727-562- 4504. You can access zoning information for parcels within the City through our website: www.myclearwater.com. Sincerely, Mlch:e? el /P Planning Director S:IPlanning DeparnnenllC D B0evelopnent Agreements (DVA)IDVA2008-00002 - Gulfviely S 0619 Shephards (T) 2009.12 - Approved - WWI Gulfview S 0619 DVA CC Decision Letter 12.21.09.doc "EQUAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER W 0 0 Wells, Wayne From: Wells, Wayne Sent: Thursday, December 17, 2009 2:59 PM To: 'Harry Cline' Cc: Delk, Michael; Dougall-Sides, Leslie Subject: Shephards hearing tonite Attachments: Noise Ordinance - Shephards DVA; image001.jpg Harry- The old Leverock's site is subject to the same rules as Shephard's (see the attached email regarding noise). Wayne From: Harry Cline [mailto:HSC@macfar.com] Sent: Thursday, December 17, 2009 2:21 PM To: Wells, Wayne Subject: shephards hearing tonite Wayne - the noise issue will be around tonight; I know the old Leverock's down by the bridge is set to reopen and in ads they say they will have outside music .........................are they limited as to hours of having outside music? Thanks as always. - hsc Harry S. Cline Macfarlane Ferguson & McMullen P.O. Box 1669 Clearwater, FL 33757 625 Court Street Clearwater, FL 33756 Main: (727) 441-8966 Fax: (727) 442-8470 hsc(a)macfar.com V Card ? Bio Please visit www.mfmiegal.com for more information about our Firm MACFARL.ANE .ERG1i SON & Me ULL A rn ys & Coun.-dam At Law This electronic message transmission contains information from the law firm of Macfarlane Ferguson & McMullen and is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us immediately by collect telephone at (813) 273-4200 or electronic mail (infoQmfrnlegal. com). Thank you IRS Circular 230 Disclosure: Any tax advice in this communication is not intended or written by Macfarlane Ferguson & McMullen to be used, and cannot be used, by a client or any other person or entity for the purpose of (i) avoiding penalties that may be imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or other matter addressed herein. Wells, Wayne From: Clayton, Gina Sent: Tuesday, December 15, 2009 9:16 AM To: Goudeau, Cyndie Cc: Delk, Michael; Akin, Pam; Wells, Wayne Subject: Noise Ordinance - Shephards DVA The Council requested information relating to the noise ordinance at the work session. Upon review of the provisions, there are no specific timeframes for having outdoor amplified music. The Code relies on the loud and raucous standard and specific instances where a noise that is loud and raucous is declared to be a public nuisance. Relevant code provisions are as follows: Section 3-1508. Prohibited generally. It shall be unlawful for any person to willfully make, continue or cause to be,made or continued any loud and raucous noise that can be heard upon the public streets, sidewalks, or rights-of-way, in any public park, in any school or public building, in any church or hospital, or in any dwelling and that can be heard at a distance of 100 feet or more from the source of the noise, measure in a straight line from the radio, loudspeaker, motor, horn or other noise source. The term "loud and raucous noise" shall mean any sound which because of its volume level, duration and character, annoys disturbs, injures or endangers the comfort, health, peace or safety of reasonable persons or ordinary sensibilities within the limits of the city. The term includes, but is not limited to, the kinds of loud and raucous noise generated by activities enumerated in subsection B when the loud and raucous noise can be heard at a distance of 100 feet or more from the source of the noise, measured in a straight line from the radio, loudspeaker, motor, horn or other noise source, but not including activities enumerated in subsection D of this section.. Section 3-1508.13. 5 Radios, amplifiers, phonographs, etc. The using, operating or permitting to be played, used or operated any radio, amplifier, musical instrument, phonograph or other device for the producing or reproducing of sound such that speech or music emitted by the device is identifiable in terms of words or melody so as to create a loud and raucous noise. Section 3-1508.6.7 Yelling, shouting, etc. Yelling, shouting, whistling or singing at any time or place so as to create a loud and raucous noise between the hours of 10:00 p.m. and 7:00 a.m on any day. Please let me know if you need any additional information for the Council meeting. Gina 0 0 Wells, Wayne From: Kathy O'Hearn [KOH@macfar.com] Sent: Tuesday, November 24, 2009 3:20 PM To: Wells, Wayne Subject: Shephard's -- Development Agreement with Exhibits "A", "C" and "D" Attachments: SCN60302645_000.pdf Kathleen A. O'Hearn Legal Assistant to Harry S. Cline Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Clearwater, FL 33756 Office: (727) 441-8966 FAX: (727) 442-8470 E-mail: koh(@macfar.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distibution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. • Wells, Wayne From: Kathy O'Hearn [KOH@macfar.com] Sent: Tuesday, November 24, 2009 3:21 PM To: Wells, Wayne Subject: Shephard's -- Exhibit "B" Attachments: SCN60302646_000.pdf Wayne: Please confirm receipt of both e-mails. Thanks ko Kathleen A. O'Hearn Legal Assistant to Harry S. Cline Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Clearwater, FL 33756 Office: (727) 441-8966 FAX: (727) 442-8470 E-mail: koh(@macfar.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and.privileged information. Any unauthorized review, use, disclosure or distibution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 1 "o 0 Kathy O'Hearn From: Kathy O'Hearn Sent: Tuesday, November 24, 2009 11:55 AM To: 'Wayne.Wells@myClearwater.com' Subject: Shephard's Attachments: SKMBT_C35209112412490. pdf Wayne: Attached is electronic filing of Development Agreement. I believe all conditions contained in your most recent e-mail have been made as follows: 9/30/09 Electronic version attached, including composite Exhibit "B" [civil site plan If floor plans and building elevation] 11/23/09 (1) Inserted legal into Exhibit "C" as Schedule "1" and Exhibit "D" as Schedule "A" (2) Exhibit "C" - deleted the ( before Real Property (3) Section 4.1 Revised third and forth lines to reflect your change. Please advise if this electronic reply is sufficient and also to let us know if you / City still have questions - tks and Happy Turkey Day. Kathy ORIGINAL. RECEIVED Kathleen A. O'Hearn Legal Assistant to Harry S. Cline Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Clearwater, FL 33756 Office: (727) 441-8966 FAX. (727) 442-8470 E-mail: koh@Dmacfar.com Please visit www.mfmiegal.com for more information about our Firm IV. ACFA11LANi!, FE tGUSON & MCMUL ESN NOV 2. 2009 PLANNING DEPARTMENT CITY OF CLEARWATER This electronic message transmission contains information from the law firm of Macfarlane Ferguson & McMullen and is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error. please notify us immediately by collect telephone at (813) 273-4200 or electronic mail (info(d?mfmtegal.com). Thank you IRS Circular 230 Disclosure: Any tax advice in this communication is not intended or written by Macfarlane Ferguson & McMullen to be used, and cannot be used, by a client or any other person or entity for the purpose of (i) avoiding penalties that may be imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or other matter addressed herein. ??giPlOe a a:`..L " S L? j13 PLANNING DEPARTMENT • 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 November 23, 2009 Harry S. Cline, Esq. MacFarlane Ferguson & McMullen P.O.-Box 1669 Clearwater, FL 33757 RE: DVA2008-00002, 619 S. Gulfview Boulevard Dear Mr. Cline: The Community Development Board (CDB) at their meeting on November 17, 2009, voted to recommend to the City Council APPROVAL of a Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design for the property at 619 S. Gulfview Boulevard. This Development Agreement is scheduled for review and decision by City Council on Thursday, December 17, 2009. If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner. !11, at 727-562- 4504. You can access zoning information for parcels within the City through our website: www.rnyclearwater.com!'govldepts/l)lanning. Sincerely, Michael el, AI Planning Director S: IPlanning DepartnnentIC D BIFLEX (FLD) Wending cases )Up fa- the next CDBIDVA 2008-00002 - Gulfview S 0619 Shephards - 11.17.09 CDB - WWIGulfvieiv S 0619 DVA CDB Decision Letter 11.23.09.doc TouAL EMPLOYMENT AND AFFIRMATIVE ACTION EMPLOYER" 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, November 23, 2009 2:37 PM To: 'KOH@macfar.com ; hsc@macfar.com Cc: Clayton, Gina; Dougall-Sides, Leslie Subject: DVA2008-00002, 619 S. Gulfview Blvd. Kathy/Harry - As you may be aware, this Development Agreement has been scheduled for the December 17, 2009, City Council meeting. Attached are (hopefully) the final changes to the Development Agreement document. Please make the changes and submit the changes to me by end of day Wednesday, November 25, 2009. It can be submitted electronically (emailed). If you have any questions, feel free to contact 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 Case tions as of 11.2: , Oconditions Associated With DVA2008-00002 CIZ 619 S GULFVIEW BLVD Zoning Condition Wayne Wells, AICP 727-562-4504 09/30/2009 Provide an electronic version of the most recent revised version of the proposed Development Agreement. Ensure electronic versions of Exhibit B (civil site plan, floor plans and building elevations) are also provided. 11/23/2009 Insert the legal description provided in Exhibit A to Exhibit C as Schedule 1 and to Exhibit D as Schedule A. 11/23/2009 Exhibit C - Revise Paragraph 2 - Line 2 to remove the ( before "Real Property", as this beginning parenthesis is unnecessary, so it reads "...hereof (hereinafter, the "Real Property")." 11/23/2009 Section 4.1 - Revise in the third and fourth lines to read "for an overall 186 overnight accommodation units, at a density of 78.48 units/acre on lot acreage zoned Tourist (T) District. The project height of the building is 134 feet (to top of roof deck)." Not Met Not Met Not Met Not Met Print Date: 11/23/2009 CaseConditons Page 1 of 1 Wells, Wayne From: Wells, Wayne Sent: Thursday, November 12, 2009 11:07 AM To: 'alex@keithzayac.com ; hsc@macfar.com Cc: jburdette505@tampabay.rr.com Subject: FLD2008-12033/DVA2008-00002, 619 S. Gulfview Blvd. (Shephard's) Alex/Harry - Attached are the Staff Reports for the above referenced FLD and DVA applications. The CDB meeting is at 1:00 pm on Tuesday, November 17, 2009, in City Council Chambers at City Hall, 112 S. Osceola Avenue, Clearwater. 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 Im F Gulfview S Gulfview S 9 FLD Staff ReF9 DVA Staff Rel W 0 , * Wells, Wayne From: Kathy O'Hearn [KOH@macfar.com] Sent: Wednesday, November 11, 2009 4:56 PM To: Wells, Wayne Subject: RE: SHEPHARD'S Attachments: DevelopmentAgmt. 11 -1 1'09.doc Wayne: Here you go. Thanks for letting our runner do a "drive by". Kathy -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Wednesday, November 11, 2009 4:01 PM To: Kathy O'Hearn Subject: SHEPHARD'S Kathy - Thanks. Got them and will insert into the packages. Please send me the new electronic version based on these changes. Thanks again. Wayne -----Original Message----- From: Kathy O'Hearn [mailto:KOH@macfar.com] Sent: Wednesday, November 11, 2009 9:42 AM To: Wells, Wayne Subject: RE: SHEPHARD'S Will do. -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Wednesday, November 11, 2009 9:36 AM To: Kathy O'Hearn Subject: SHEPHARD'S Only the Development Agreement. -----Original Message----- From: Kathy O'Hearn [mailto:KOH@macfar.com] Sent: Wednesday, November 11, 2009 9:30 AM To: Wells, Wayne Subject: RE: SHEPHARD'S Wayne: Yes, we will get 15 copies to you. Do you just need 15 copies of Development Agreement or 15 of each of the top pages of applications? Thanks Kathy -----Original Message----- From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] 1 in 0 Sent: Tuesday, November 10, 2009 5:07 PM To: Kathy O'Hearn Cc: Hunraf@aol.com; Sherry.Watkins@myClearwater.com Subject: SHEPHARD'S Will you be bringing 15 copies to me Thursday morning? -----Original Message----- From: Kathy O'Hearn [mailto:KOH@macfar.com] Sent: Tuesday, November 10, 2009 3:59 PM To: Wells, Wayne Cc: Hunraf@aol.com; Bill Shephard Subject: SHEPHARD'S Wayne: I have sent the Development Agreement [clean and redline] to Leslie Dougall-Sides as .she requested. Thanks Kathy Kathleen A. O'Hearn Legal Assistant to Harry S. Cline Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Clearwater, FL 33756 Office: (727) 441-8966 FAX: (727) 442-8470 E-mail: koh@macfar.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distibution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the. original message. 2 'V: GM08-9216B-016: Sheph d's- Enterprise Vault Archived Item Page 1 of 2 • From Dougall-Sides, Leslie Date Tuesday, November 10, 2009 2:48:34 PM To 'Kathy O'Hearn' Cc Wells, Wayne; Watkins, Sherry Subject FW: GM08-9216B-016: Shephard's FAJimage001.jpg (6 KB H.T.M..L) UnI of Title Declaration 2007 (Condominiums).doc (53 KB HTML ) Ms. O'Hearn, can you also forward to us the applicant's latest version of the Development Agreement with Exhibits? Planning needs it this afternoon to include in the CDB agenda packet. The last version I seem to have is from some time ago. Thank you. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources From: Wells, Wayne Sent: Tuesday, November 10, 2009 11:24 AM To: 'KOH@macfar.com' Cc: Dougall-Sides, Leslie; Delk, Michael Subject: GM08-9216B-016: Shephard's Didn't know you were trying to obtain such. See attached. From: Dougall-Sides, Leslie Sent: Tuesday, November 10, 2009 11:05 AM To: Delk, Michael Cc: Wells, Wayne Subject: FW: Shephard's FYI and response(?) From: Kathy O'Hearn [mailto:KOH@macfar.com] Sent: Monday, November 09, 2009 1:54 PM To: Dougall-Sides, Leslie Subject: Shephard's Leslie: We have been trying to get the Declaration of Unity of Title (Condominium) form from the Planning Department, but have not had any luck / response. Is this something your office can get for us? Thanks Kathy Kathleen A. O'Hearn Legal Assistant to Harry S. Cline http://evault.clearwater-fl.com/EnterpriseV aultNiewMessage. asp?V aultld=198E419877B... 5/24/2010 GM08-9216B-016: Sheph d's- Enterprise Vault Archived Item Page 2 of 2 is Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Clearwater, FL 33756 Office: (727) 441-8966 FAX. (727) 442-8470 E-mail: koh macfar.com Please visit www.m...fmle..gal_com for more information about our Firm This electronic message transmission contains information from the law firm of Macfarlane Ferguson & McMullen and is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us immediately by collect telephone at (813) 273-4200 or electronic mail (info@mfm/egal.com). Thank you IRS Circular 230 Disclosure: Any tax advice in this communication is not intended or written by Macfarlane Ferguson & McMullen to be used, and cannot be used, by a client or any other person or entity for the purpose of (1) avoiding penalties that may be imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or other matter addressed herein. http://evault.clearwater-fl.com/Enterpn*seV aultNiewMessage. asp?V aultId=198E419877B... 5/24/2010 E • MACFARLANE FERGUSON & MCMULLEN ATTORNEYS AND COUNSELORS AT LAW ONE TAMPA CITY CENTER, SUITE 2000 625 COURT STREET 1611 HARDEN BOULEVARD 201 NORTH FRANKLIN STREET P. O. BOX 1669 (ZIP 33757) LAKELAND, FLORIDA 33803 P.O. BOX 1531 (ZIP 33601) CLEARWATER, FLORIDA 33756 (663) 680-9908 FAX (863) 683-2849 TAMPA, FLORIDA 33602 (727) 441-8966 FAX(727)442-8470 (813) 273-4200 FAX (813) 273-4396 IN REPLY REFER TO: www.mfmlegal.com EMAIL: info®mfmlegal.com Clearwater November 10, 2009 Mr. Wayne-M.'Wells, Planner III City of Clearwater Post Office Box 4748 Clearwater, FL 33758-4748 Re: Shephard's - Development Agreement Dear Wayne: Forwarded herewith please find the following: 1. Revised, redlined Development Agreement. Regarding the Development Agreement and your comments, some continents in turn: (a) On page 1 of your most recent memo you refer to "Recital D" - we could not find that, and assume it is a historic reference to some other iteration of what we have filed. Please look at § 4.1 and see if we have adequately inserted the height and the density/intensity calculations. (b) Legal Description relative to survey - we are now forwarding Exhibit "A" for the Development Agreement, which is the same as the survey, so this should be completed. (c) I have called the County and tried to cancel the second tax parcel number, but am getting nowhere. We will do a Unity of Title using the form you provided to us. (d) Mr. Shephard has no present plans for fractional or condominium ownership. We would like to reserve this as a right; do you have any thoughts about how to insert this in the Development Agreement? I would assume if it is a permitted use of the property, that it really does not need to be included, but look for your direction. 9 0 November 10, 2009 Page 2 2. New first pages of the applications for Development Agreement and the Flexible Development, where we have put the two (2) tax parcels down, and have corrected the number of units to reflect the current request at 186. I would appreciate it if you would review what we have sent, and maybe I could meet with you sometime Wednesday to go over the file and see what else you might need or what we might do to clarify any remaining concerns. As always, thank you for your assistance. Sincerely yours, Harry S. Cline HSC:koh Enclosure cc: Mr. William M. Shephard, Trustee HAHSC\SHEPHARD\WeIIs. l 1-10'09.doc 0 0 Wells, Wayne From: Kathy O'Hearn [KOH@macfar.com] Sent: Tuesday, November 10, 2009 3:59 PM To: Wells, Wayne Cc: Hunraf@aol.com; Bill Shephard Subject: SHEPHARD'S Attachments: SCAN 1824_000.pdf; DevelopmentAgmt.11-10'09.doc; DevelopmentAgmt.11-10'09.COMPARE.doc Wayne: I have sent the Development Agreement [clean and redline] to Leslie Dougall-Sides as she requested. Thanks Kathy Kathleen A. O'Hearn Legal Assistant to Harry S. Cline Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Clearwater, FL 33756 Office:. (727),441-8966 FAX: (7.27) 442-8470 E-mail: koh(@macfar.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is;for the sole use of the.intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distibution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the. original message. 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, November 10, 2009 11:24 AM To: 'KOH@macfar.com' Cc: Dougall-Sides, Leslie; Delk, Michael Subject: Shephard's Attachments: Unity of Title Declaration 2007 (Condominiums).doc; image001 Jpg Didn't know you were trying to obtain such. See attached. From: Dougall-Sides, Leslie Sent: Tuesday, November 10, 2009 11:05 AM To: Delk, Michael Cc: Wells, Wayne Subject: FW: Shephard's FYI and response(?) From: Kathy O'Hearn [mailto:KOH@macfar.com] Sent: Monday, November 09, 2009 1:54 PM To: Dougall-Sides, Leslie Subject: Shephard's Leslie: We have been trying to get the Declaration of Unity of Title (Condominium) form from the Planning Department, but have not had any luck / response. Is this something your office can get for us? Thanks Kathy Kathleen A. O'Hearn Legal Assistant to Harry S. Cline Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Clearwater, FL 33756 Office: (727) 441-8966 FAX. (727) 442-8470 E-mail. koh(@_macfar.com Please visit www.mfmiegal.com for more information about our Firm MAcF .rLAN "FRGuSUN & ,McMuj,r. v 40.Altorjzew & C'ounsdors At Laut This electronic message transmission contains information from the law firm of Macfarlane Ferguson & McMullen and is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination or distribution of this communication to other than the intended recipient is strictly prohibited. If you have received this communication in error, please notify us immediately by collect telephone at (813) 273-4200 or electronic mail (info mfmlegal. com). Thank you IRS Circular 230 Disclosure: Any tax advice in this communication is not intended or written by Macfarlane Ferguson & McMullen to be used, and cannot be used, by a client or any other person or entity for the purpose of (i) avoiding penalties that may be imposed under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or other matter addressed herein. Wells, Wayne From: Wells, Wayne Sent: Monday, November 09, 2009 12:04 PM To: 'Harry Cline' Cc: Kathy O'Hearn; Hunraf@aol.com Subject: DVA2008-00002, 619 S. Gulfview Blvd (Shephards) Harry- Computers... got to love them. Thanks. Try this: 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit D; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. Wayne From: Harry Cline [mailto:HSC@macfar.com] Sent: Monday, November 09, 2009 11:58 AM To: Wells, Wayne Cc: Kathy O'Hearn; Hunraf@aol.com Subject: RE: DVA2008-00002, 619 S. Gulfview Blvd (Shephards) Wayne - Ok ......................... but read paragraph you want to add - my copy at least seems to be missing something as it goes from page 1 to page 2 - awkward at best; ck it out and let me know thanks. - hsc From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Monday, November 09, 2009 11:56 AM To: Harry Cline Cc: Hunraf@aol.com; Kathy O'Hearn Subject: DVA2008-00002, 619 S. Gulfview Blvd (Shephards) Harry - Regarding Section 6.1.4 - The paragraph to replace starts at the bottom of Page 1 and runs onto Page 2 (first paragraph at the top, as a continuation from Pagel). Ignore the date of 9/30/09 & 5/3/09 -WW and the paragraph below the date (old stuff). Wayne From: Harry Cline [mailto:HSC@macfar.com] Sent: Monday, November 09, 2009 11:03 AM To: Wells, Wayne Cc: Hunraf@aol.com; Kathy O'Hearn 0 • Subject: RE: DVA2008-00002, 619 S. Gulfview Blvd (Shephards) Wayne - no problem re changes; working our way thru them; do have one question at least: your comments re Section 6.1.4 - the paragraph starting on the bottom of page 1 seems incomplete or interrupted as it goes to page 2; but I understand, and would ask you to confirm, that you want us to redo Section 6.1.4 in its entirety as written, in full, on page 2 of your letter, essentially ignoring earlier comments?? Give me a call if this is unclear; thanks for help. - hsc From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Thursday, November 05, 2009 6:57 PM To: Harry Cline Cc: Sherry.Watkins@myClearwater.com; jburdette505@tampabay.rr.com Subject: DVA2008-00002, 619 S. Gulfview Blvd (Shephards) Harry - apologize for the lateness of this email, but there are still changes needed to the Development Agreement before we finalize the Staff Report and send the package to the CDB on Thursday next week (attached are remaining comments). If the revised documents can be submitted and switched out by end of day Tuesday, that would be great. We are closed on Wednesday (holiday). Don't forget I need an electronic copy of the revised DVA. Let me know if there are any problems. Wayne 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 <<Case Conditions as of 11.5.09.pdf>> Conditions Associated With DVA2008-00002 619 S GULFVIEW BLVD Legal Condition Wayne Wells, AICP 727-562-4504 01/05/2009 9/30/09 & 1/5/09 - WW Not Met Add height and density/intensity calculations to Recital D. (Leslie Dougall-Sides) 05/06/2009 10/26/09 - WW Not Met Legal description different than that indicated on the survey. Revise and insert into the Exhibits listed below. 9/30/09 & 5/6/09 - WW Legal Description needs to be filled in on Exhibits "A", "C" [Schedule 1], and "D" [Schedule A] (L. Dougall-Sides). Zoning Condition Wayne Wells, AICP 727-562-4504 01/05/2009 10/26/09 - WW Not Met Page 1 of the application needs to reflect both parcel numbers, consistent with the FLD application. 9/30/09 - WW As of 9/27/09, the Property Appraiser still shows two parcels for this overall property (Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100); however, both parcels now reflect the same owner. Unless they are combined into one parcel number prior to resubmitting for CDB review, the application and Development Agreement need to be revised to reflect both parcel numbers. 5/3/09 - WW Information below is still applicable. Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100. 1/5/09 - WW Overall property has two parcel numbers, owned by two entities (William M. Shephard, Trustee and Shephard's Beach Resort, Inc. [formerly Lagoon Resort Motel]). Application only lists one parcel number and one owner's name). Need to amend application and the Development Agreement to indicate both. However, the property line between these two parcels goes directly , through the existing building and parking garage to remain. As stated in another Planning comment for the FLD case, a Unity of Title will be required to be recorded. Unclear why there isn't just one owner and one parcel number, especially given where the parcel lines are located. Need to get this under one ownership and one parcel number. 05/03/2009 10/26/09 - WW Not Met Replace in the fourth line "quality, family friendly beach community" with "quality, family resort community". 9/30/09 & 5/3/09 - WW Page 1 - 4th WHEREAS - a. First line - Italicize Beach by Design. b. Replace this entire paragraph with: '"WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects;" 05/03/2009 10/26/09 - WW Not Met I apologize. Please replace this Section 6.1.4 with the following (underline the "Covenant of Unified Use" title in the first line): 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit D; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Print Date: 11/05/2009 CaseConditons Page 1 of 2 DVA2008-00002 619 S GULFVIEW BLVD Zoning Condition Wayne Wells, AICP 727-562-4504 incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 9/30/09 & 5/3/09 - WW Page 4 - Section 6.1.4 - Replace entire paragraph with the following: "Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is attached as Exhibit "D". It is understood and agreed that, in the event that the Developer enters into the anticipated Declaration of Unity of Title, and the Developer elects not to construct the Project and notifies the City of its election in writing, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. Alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records of , . Pinellas County, Florida." 05/03/2009 10/26/09 - WW I apologize. Go back to Covenant of Unified Use. Can provide Exhibit D separately. 9/30/09.& 5/3/09 - WW Replace existing Exhibit D with a new Exhibit D - Declaration of Unity of Title (Condominiums) - Modify as appropriate for "Fractional Share Units". Form is available from the Planning Department and can be sent electronically for incorporation and appropriate modification for Fractional Share Units into the Agreement. 05/03/2009 10/26/09 - WW Page 5 - Section 6.2.2 - The second line should read: "Section 6.2.1 is subject to:". Delete the rest of this line. 9/30/09 & 5/3/09 - WW Page 5 - Section 6.2.2 - Revise entire paragraph with the following: "The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to:". 09/30/2009 Provide an electronic version of the most recent revised version of the proposed Development Agreement. 10/26/2009 Section 4.2 - Per the engineering and architectural plans, there are the following number of spaces: Existing garage: 191 striped + 1 handicap space + 28 overflow = 220; Proposed garage: 123 striped + 1 handicap + 40 overflow = 164; Grand total: 314 striped + 2 handicap + 68 overflow = 384. Revise. 10/26/2009 Exhibit C - Revise for the following: a. Paragraph 2 - Line 2 - Remove the ( before "Real Property", as this beginning parenthesis is unnecessary; and b. Section 2. 1.1 - Revise "one hundred (100)" to "sixty-eight (68)". Not Met Not Met Not Met Not Met Not Met Print Date: 11/05/2009 CaseConditons Page 2 of 2 E E Wells, Wayne From: Wells, Wayne Sent: Tuesday, October 27, 2009 2:38 PM To: hsc@macfar.com Cc: jburdette505@tampabay.rr.com; 'alex@keithzayac.com' Subject: DVA2008-00002, 619 S. Gulfview Blvd. Harry - Attached is the CDB letter for the above referenced project, to be reviewed by the CDB on November 17, 2009. The original letter is being mailed. 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 IR Gulfview S a DVA CDB Let • • CITY OF CLEARWATER Posy OFFICE Box 4748, CLEARWATER, FLORIDA 337584748 MUNICIPAL SERVICES BUILDING, 100 Sou ni MYRTLE AvENUE, CLEARWATER, FLoRMA 33756 TELEPHONE (727) 5624567 FAx (727) 5624865 PLANNING DEPARTMENT Harry S. Cline, Esq. MacFarlane Ferguson & McMullen P.O. Box 1669 Clearwater, FL 33757 Re: Community Development Board Meeting (Case Nos. DVA2008-00002) Dear Mr. Cline: October 27, 2009 You have filed Case No. DVA2008-00002 for property located generally at 619 S. Gulfview Boulevard for the Review of, and recommendation to the City Council, of a Development Agreement between William M. Shephard, Trustee (the property owner) and . the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. This case has been scheduled for review by the Community Development Board on November 17, 2009. The meeting will take place at 1:00 p.m. in the City Council Chambers, 3id floor of City Hall at 112 S. Osceola Avenue, Clearwater. If you have any questions, please do not hesitate to call me at 727-562- 4504. NO- SincII ww // l'U M - Vl Wa. Wells, AICP Planner III S: Wlanning DeparttnentlC D BIFLEX (FLD)Wending casesl Up for the nest CDBIDVA2008-00002 - Gulfview S0619 Shephards - 11.17.09 CDB - WWIGulfview S 0619 DVA CDB Letter 10.27.09.doc "EQUAL EMPLOYMENT AND AFFIRMATIVE AcnON EMPLOYER" • • Wells, Wayne From: Kathy O'Hearn [KOH@macfar.com] Sent: Wednesday, October 07, 2009 11:19 AM To: Wells, Wayne Cc: Hunraf@aol.com Subject: Attachments: SCN60301611_000.pdf Forwarded attached per Harry. Thanks ko Kathleen A. O'Hearn Legal Assistant to Harry S. Cline Macfarlane Ferguson & McMullen 625 Court Street, Suite 200 Clearwater, FL 33756 Office: (727) 441-8966 FAX: (727).442-8470 E-mail: koh(macfar.com CONFIDENTIALITY NOTICE: This e-mail message, including any attachments,,,-;is for the sole use of the intended recipient(s) and may contain confidential and privileged-information'..Any unauthorized review, use disclosure or distibution is prohibited.=, If, you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. 1 0 0 MACFARLANE FERGUSON & MCMULLEN ATTORNEYS AND COUNSELORS AT LAW ONE TAMPA CITY CENTER, SUITE 2000 625 COURT STREET 1611 HARDEN BOULEVARD 201 NORTH FRANKLIN STREET P. O. BOX 1669 ZIP 33757, LAKELAND, FLORIDA 33803 P-0. BOX 1531 (ZIP 33601) CLEARWATER, FLORIDA 33756 (863) 680-9908 FAX (863) 683-2849 TAMPA, FLORIDA 33602 (727) 441-8966 FAX(727)442-8470 1813)273-4200 FAX(813)273-4396 www.mfmiegal.com EMAIL: into®mfmlegal.com October 7, 2009 IN REPLY REFER TO: Clearwater Mr. Wayne M. Wells, Planner III City of Clearwater Post Office Box 4748 Clearwater, FL 33758-4748 Re: Shephard's - Development Agreement [revised] Dear Wayne: Forwarded herewith is a marked up, redlined copy of the revised Development Agreement per the most recent notes I have seen. Before we print 15 or more copies, please review and let me know if you have any further comments. To assist you in review: 1. Exhibit "B" will show a front corner of the building, which does not meet setback requirements, and I think that will be the only exception to conformity. 2. We have no problems with a Unity of Title; however, it is my belief that we have now confirmed with the Tax Assessor that there is a single parcel with a single tax number, and a single owner; but, as noted, to the extent we need a Unity of Title, we are in agreement to provide that documentation. Please review and give me a call and let me know if you have any more comments relative to the Development Agreement. In closing, I appreciate discussing the TDRs with you yesterday. Simply advise us what we need to do and we will proceed to formalize this, which in fact exists as a matter of public record. As always, I appreciate your help and I look forward to your reply. HSC:koh Enclosure cc: Mr. Joe Burdette Sincerely yours, S. Cline ?.?rrr ??nn? m1 n nr?lrv,.n,. 1n ?.nn d.... T 0 0 Wells, Wayne From: Wells, Wayne Sent: Tuesday, October 06, 2009 8:44 AM To: 'Richard Marcel, LEED AP NC'; Keller, James Cc: alex@keithzayac.com Subject: FLD2008-12033 and DVA2008-00002, 619 S. Gulfview Blvd. (Sherphards Beach Resort) Richard - For both the FLD and DVA cases, yes, the deadline for resubmittal is noon on 10/16/09. Wayne From: Richard Marcel, LEED AP NC [mailto:Richard@Keithzayac.com] Sent: Tuesday, October 06, 2009 8:36 AM To: Wells, Wayne; Keller, James Cc: alex@keithzayac.com Subject: RE: DVA2008-00002, 619 S. Gulfview Blvd. (Sherphards Beach Resort) Wayne, Good morning we wanted to make sure that the resubmittal deadline is 10/16/09 by noon. Inspector Keller, Per Fire Protection comment #l; A Fire protection plan is needed to show how the.FDC's tie into the fire pump. Can this be a condition of approval for Building Review? This comment is usual adhered to for building review. What are your thoughts on this? Thank you, Richard Marcel, LEED AP NC Keith Zayac & Associates, Inc. 14001 63rd Way North Clearwater, FI 33760 727-488-1002 PLEASE NOTE, EFFECTIVE SEPTEMBER 28,2009 OUR NEW MAILING ADDRESS & PHONE NUMBERS WILL BE: KEITH ZAYAC & ASSOCIATES, INC. P.O. BOX 1156 SAFETY HARBOR, FL 31,4695 OUR OFFICE LOCATION WILL BE: 14001 63RD WAY NORTH CLEARWATER, FL 33760 New Phone Numbers: Richard Marcel - 727-488-1002 Alex Azan - 813-205-3615 .7 • DISCLAIMER OF LIABILITY Keith Zayac & Associates, Inc. (KZA) makes the electronically stored data available for information purposes only. No warranty, either expressed or implied, is made regarding the accuracy or reliability of the aforementioned data. KZA reserves the right to revise, update, and improve its electronically stored data without notice and assumes no responsibility for any images which may arise as a result of the use of its data. The user agrees to verify the data to ascertain its accuracy for the intended use. KZA makes every effort to ensure the data is virus free; however, KZA assumes no responsibility for damages caused by the installation/use of the enclosed data. Use of the enclosed data indicates the user accepts the conditions contained herein. Please note, in some cases final approval may not have been issued by all the permitting agencies; hence, modifications, which are not depicted on the enclosed electronically stored data, may be required. Unless other arrangements have been agreed to, use of the electronically stored data for any activities shall proceed solely at the risk and responsibility of recipient/user of said electronically stored data. Additionally, any use of the enclosed electronically stored data shall relieve KZA and/or any of its employees from liability/responsibility regarding any modifications to said electronically stored data which may be required due to reviewing agencies' comments and/or final design revisions/modifications. From: Wayne.Wells@myClearwater.com [mailto:Wayne.Wells@myClearwater.com] Sent: Wednesday, September 30, 2009 8:37 PM To: hsc@macfar.com Cc: richard@keithzayac.com; alex@keithzayac.com; jburdette505@tampabay.rr.com Subject: DVA2008-00002, 619 S. Gulfview Blvd. Harry - Attached are the Draft DRC comments for the above referenced Development Agreement for Shephard's, to be reviewed by the DRC (along with the associated FLD case) at 2:00 pm on Thursday, October 1, 2009, in the Planning Department offices. Wayne M. Wells, A/CP iCi Planner M riain City of Clearwater 100 South Myrtle Avenue Clearwater, FL 33756-5520 Phone: 727-562-4504 Fax: 727-562-4865 <<Draft 10.1.09 DRC Action Agenda 9.30.09.pdf>> 0 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, September 30, 2009 8:37 PM To: hsc@macfar.com Cc: 'richard@keithzayac.com ; 'alex@keithzayac.com'; jburdette505@tampabay.rr.com Subject: DVA2008-00002, 619 S. Gulfview Blvd. Harry - Attached are the Draft DRC comments for the above referenced Development Agreement for Shephard's, to be reviewed by the DRC (along with the associated FLD case) at 2:00 pm on Thursday, October 1, 2009, in the Planning Department offices. 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 Draft 10.1.09 IC Action Agen( • • Wells, Wayne From: Wells, Wayne Sent: Wednesday, May 06, 2009 11:53 AM To: Harry S. Cline Esquire (E-mail) Cc: Joe Burdette (E-mail); Dougall-Sides, Leslie Subject: DVA2008-00002, 619 S. Gulfview Blvd. Harry - Attached are the Draft DRC comments for the above referenced Development Agreement for Shephard's, to be reviewed by the DRC (along with the associated FLD case) at 10:25 am on Thursday, May 7, 2009, in the Planning Department offices. 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 KMbk 121 - Draft 5.7.09 C Action Agend Page 1 of 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, March 16, 2009 1:59 PM To: 'Hunraf@aol.com' Cc: Harry S. Cline Esquire (E-mail) Subject: Joe B Development Agreement Form See attached.. -----Original Message----- From: Hunraf@aol.com [mailto:Hunraf@aol.com] Sent: Monday, March 16, 2009 1:46 PM To: Wells, Wayne Subject: Joe B Development Agreement Form Wayne Don't forget to send me the new Development Agreement Form.... I have three projects in now that need them Thanks Joe Feeling the pinch at the grocery store? Make meals for under $10. 3/16/2009 Page 1 of Y Z, ,)vA Wells, Wayne From: Delk, Michael Sent: Wednesday, February 04, 2009 9:13 AM To: Wells, Wayne Subject: RE: Joe Burdette - Quick Question 4k. I'll give him till close of business on the 10th. Michael L. Delk, AICP Planning. Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Wells, Wayne Sent: Wednesday, February 04, 2009 9:06 AM To: Delk, Michael Cc: Watkins, Sherry Subject: Joe Burdette - Quick Question Michael - They are responding to comments. Sherry must distribute the packages to DRC members on March 11th. I don't have a problem with his request, so long as their revised packages (one original and 14 copies) are submitted by 9:00 am on March 1 lth. If they are making "major changes", I might suggest they maybe meet with me prior to submitting the revised packages so that I can give some direction as to their revised submittal package. Additionally, there is the associated Development Agreement. I understand that Leslie is taking a "model" Development Agreement for the allocation of the Hotel Density Reserve units to City Council on March 2nd. Their Development Agreement may need to be revised to comply with the format and language City Council approves. Wayne -----Original Message----- From: Delk, Michael Sent: Wednesday, February 04, 2009 8:29 AM To: Wells, Wayne Subject: FW: Joe Burdette - Quick Question Wayne - FYI. Can we give him a little extra time? Michael L. Delk, AICP Planning Director City of Clearwater, Florida 2/4/2009 ji W Page 2 of y L 0 0 myclearwater.com -----Original Message----- From: Hunraf@aol.com [mailto:Hunraf@aol.com] Sent: Tuesday, February 03, 2009 6:36 PM To: Delk, Michael Subject: Re: Joe Burdette - Quick Question Micahel The major changes are only responses to comments ...I really need to March 11 ... I can live with March 8,9, 10,11.... This is one that will actually be built.... just need a little slack... Joe In a message dated 2/3/2009 1:27:51 P.M. Eastern Standard Time, michael.delk@MyClearwater.com writes: Joe - If they are making major changes we really need to try to get them back in. A day or two I can handle but it gets more difficult beyond that. See what you can get them to do. michael Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Hunraf@aol.com [mailto:Hunraf@aol.com] Sent: Monday, February 02, 2009 12:18 PM To: Delk, Michael Subject: Joe Burdette - Quick Question Michael We had Shephard's new plan at the DRC in January and have until February 10 to respond to comments. It does not look like I will be able to make that date that as they are making some major changes. The next application date is March 2 (Cycle 3) and the determination of completeness is March 11. As we have already been deemed complete, can I have until March 11 to get this back in and be on Cycle 3 so I don't lose yet another month? Joe 2/4/2009 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, January 05, 2009 6:23 PM To: 'HSC@macfar.com' Cc: 'Hunraf@aol.com'; Dougall-Sides, Leslie Subject: DVA2008-00002, 619 S. Gulfview Blvd. Harry - Attached are the Draft DRC comments for the above referenced Development Agreement for Shephard's, to be reviewed by the DRC (along with the associated FLD case) at 10:00 am on Thursday, January 8, 2009, in the Planning Department offices. 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 RIMN ral Draft 1.8.09 C Action Agend 0 0 Fax Cover Memo CITY OF CLEARWATER 100 SOUTH MYRTLE AVENUE, 2ND FLOOR CLEARWATER, FL 33756 (727) 562-4567 FAX: (727) 562-4865 TO: 0 2?'V' r C % \ Q DATE: I Z-) - to s FAX: L} Z - 9+70 TELEPHONE: 4'1- 1 - $ I to 10 Clearwater U PLANNING DEPARTMENT FROM: Way ne M. Wells TELEPHONE: (727) 562-4504 SUBJECT: 'y-fy ob - OOODZ -G)V4,;,c"Xi MESSAGE: k'? NUMBER OF SHEETS (INCLUDING THIS PAGE): - LL trr,°3+`T"t rw t aer U December 05, 2008 Harry Cline Po Box 1669 Clearwater, F133757 VIA FAX: 727-442-8470 RE: DVA2008-00002 -- 619 S GULFVIEW BLVD -- Letter of Completeness Dear Harry Cline : The Planning Staff has entered your application into the Department's filing system and assigned the case number: DVA2008-00002. 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 sufficiency on January 08, 2009, 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, ?- Wayne tells. AICP Planner III WITY OF CLEAkWATER PLANNING DEPARTMENT MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756 TELEPHONE: (727) 562-4567 FAX: (727) 562-4576 W W W.MYCLEARWATER. C OM Letter of Completeness - DVA2008-00002 - 619 S GULFVIEW BLVD • PREPARED BY AND RETURN TO: HARRY S. CLINE, Esquire Macfarlane, Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 Clearwater, FL 33757 0 KEN BURKE, CLERK OF COURT PINELLAS COUNTY FLORIDA INST# 2010032080 02104/2010 at 01:24 PM OFF REC BK:16822 PG: 1005-1042 DocType:GOV RECORDING: $324.50 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the 3 day of 2010, and entered into between WILLIAM M. SHEPHARD, Trustee U/A/D 2/2t/84 ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ["Hotel Density Reserve"] to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 2.689+ acres of real property ("Property") in the corporate limits of the City, consisting of 2.37- acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B"; and WHEREAS, upon completion the planned mid-priced hotel will contain one hundred eighty-six (186) units, which includes sixty-eight (68) units from the available Hotel Density Reserve; and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and oq WHEREAS, at a duly called public meeting on beccw. ber I 1 > 201.6, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2008-12033 on 0oye*k6er 1-7 20i0olonditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the family nature of the beach community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. 2 0 0 SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property has two (2) land use designations and zoning districts: Land Use: Resort Facilities High ["RFH"] and Preservation ["P"]; and Zoning: Tourist ["T'] and Open Space/Recreation ["OS/R"] Districts. 3.2. The Property is owned in fee simple by the Developer. 3.3 The Property is generally located at 619 S. Gulfview Boulevard, Clearwater, FL 33767 as more further described in Exhibit "A". SECTION 4. Scope of Proiect. 4.1 The Property is 2.37 acres. Under current zoning it is authorized 50 units per acre, or 118 permitted units. The Developer is seeking 68 units from the Hotel Density Reserve, for an overall total of 186 overnight accommodation units, at a density of 78.48 units/acre on lot acreage zoned Tourist (T) District. The project height of the building is 134 feet (to top of roof deck). 4.2 The Project shall include the following parking spaces, as defined in the Community Development Code: Existing Garage: 191 striped + 1 handicap + 28 overflow = 220 total Proposed Garage: 123 striped + 1 handicap + 40 overflow = 164 total Grand Total 314 striped + 2 handicap + 68 overflow = 384 total 4.3 The design of the Project, as represented in composite Exhibit "B", is consistent with Beach by Design, except as otherwise shown on composite Exhibit "B". 4.4 No more than twenty-five (25%) percent of overnight accommodation units shall have full kitchens. Kitchens shall be limited to those units identified on approved plans. 4.5 The Project shall comply with the Metropolitan Planning Organization's ["MPO"] countywide approach to the application of concurrency management for transportation purposes. 3 0 0 SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G.2." 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as composite Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2008-12033. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved, by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on 4 the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall execute, prior to. commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the Covenant of Unified Use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated Covenant of Unified Use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional sixty-eight (68) hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2008-12033 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer hereby agrees to execute and record a Covenant in the Public Records of 5 Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2008-12033 and by this Agreement. 6.1.6 Transient Use. Occupancy in the overnight accommodation units is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty (30) days, provided every occupancy is limited to thirty (30) consecutive days or one (1) month. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 The Project shall receive sixty-eight (68) units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 6 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.6 Transportation concurrency requirements have been met. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 11. That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11. That the change is essential to the public health, safety, or welfare. 7 9 9 SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: William M. Shephard, Trustee 619 S. Gulfview Boulevard Clearwater, FL 33767 With Copy to: Harry S. Cline, Esq. Macfarlane Ferguson & McMullen Post Office Box 1669 Clearwater, FL 33757 With Copy to: Oscar I. Garcia, AIA 318 SE 8" Street Fort Lauderdale, FL 33316 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3`d) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 0 0 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION lb. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, 9 0 0 delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. 10 E • SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: /V44'w? k?' Print Name.S14 Q? As to "Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA William B. Home II, City Manager Attest: E. Goudeau, City Clerk n Q Countersigned: V. Hibbard, Mayor AMv;?- Fo Leslie K. Douga - es Assistant City Att y 11 i STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before J R N L ArZ V , 2010, by WILLIAM M. SHEPHARD, Trustee. known to me or has [ ] produced C7 me He is 14otary Publi Print Name:_ -514A V Al R, Pk4LL My Commission Expires: k * WODW SION1DD8W* E" S: j* 22, 2015 ??+?'oF ??AF Borman 7M: &dgel Noggr $rM?i6 STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this ''Q (Q day of j'o?IN u o?j74 , 2010, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ?] personally known to me or who has [ ] produced as identification. Notary Public SANDRA HARRl(iER Print Name: S r'a. V--\z4--c, t' MY COMMISSION # ppT33691 IIS> s: ?a„ r oa, zolz My Commission Expires: I?epyNpTp&Y N• No1sYD'aOaMAnne. CO. +4 11 -;?' this ' day of [ ' ] personally as identification. 12 EXHIBIT "A" Legal Description of Project Site Lots 1 thru 5, Block "C", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54°25130" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12040100" W., and parallel to the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C", Bayside Subdivision #5, thence N 12040100" E., along the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. 13 • COMPOSITE EXHIBIT "B" Site Plan, Elevations and Floor Plans • 14 SIfRiARtYS BFACN RES?f auaiara.nara nreu? roz nr, crormRwar: LANDSCAPE ARCHnCT: CMI ENGINEER: STRUCTURAL ENGINEER: ME= u .? 9Efl }IN: GROUND LEVEL PLAN mmir occ wwnx nor soa cvmwcxw W[: 1}DI.}ODI CKCIQD p6 IA.- 11 I ms ? f T le ? i % I I 1- I- -_ f 1 t 1 I 1 I r l? ?' 1 I -T--o ! l4 a f`lWl? I.n u aml ,n 1 I . !!"I'l M'M 1 1 1 1 I ? Q J I I I I I I ' - - T O_ L _I 1 I (?- I I I I - 1 I 0-1- t El 0 ?HVV ?Rt RCY? ® uo?ma.v. atl.oYro ROf/NllO IOR ® a®..IwKU.i ana n I? I' J" a b II q 1 16 1. I LLu' q y},, II I fi s?nl 6 p 0 .4 1 I - ? rr ,I - - vR?rmr 200 LEVEL PLAN ? H Rw wr WR?cwR n en o•ra ewm. e. ura Q 11m 1 64R' 1}n1.TlN CNt16D dG N J __ A-12 200 LEVEL PLAN ?.?s.,is?r a 1 ?[?rlwos ?ruF>.a?. ^vJ 1 I I soa i ? I ??--0 iI- - --=? 11 - ?^ I I 1 I ?I 'yam 1 i 1 1 i IIIIu I I 1 Po ? am w I I 1 I y Vi I r 1 I l l 1 I I Q i Ih 1 1I I i ' l I1 II I C: ' J lJ a ? a I PLLM ? u . ?. I •? ?d?la9b ? ?? % _ 1 r I 1 t i i r _ ,/n II P G ,, . a,= a I •I 0 4 t I I 0 a _ C9? I L ? •? 1r' I ? III I I ?? ly - a1: ?? 41 ?-0 oq !9 d uctro I//A mmw<I+fnY Ydt Vl^U rp[wma N 141 L!V!L PUN SNEPHARDS BFACH RF90RI QVYWV61.RC1?b t AM ifM u"r coRxuwn: LANDSCAPE ARCNR O: n...?.lonrt..c CME ENGINEER: ;'.';a ENGNEER: N _ LEV tWfl Illli: 300 LEVEL PLAN sr rmt: enc sRMmu NOl WY GORSiAICn0.1 la RU aro oLnwtn clrr wR: .LOl.aaw acaRO: as 1 A-1 3 • 0 T ?O ,_ ?--- I I1 \\ 1 1 I O I I? 1 7 1'• 11 i I i w n ? I _ ?- ' -,F1' m 1 : 1 1 I 1 1 ? i i I f I t? O u««o I.w nw rZYa lp 6® i 1? • i I I ` tyy -1-- I . „S 1 if., 1 ...? i u 1 1 1 I b ry n ? I I n .1 1 i ?? 111 ??. I,. I,. N 400 LEVEI. PLAN II,N)31 ?,.rAt••GaWa SNE?HARD'S BFA.C41 RESORt a3.nw•)oc wm• )oe?roo )s». COWAII M l/WD6CAPE ARMHFFECU. CM! ENGINEER: ;.-(:;a ENGMER: 400 LEVEL PLAN I mme osc suecut ,? roa commlcmn ros es ro)o =o" ovAVm w: crrell i wl , s r: CMK1sO? a)c A-14 ul • =1 1 1 RX, I_ 1_-_ I I I I I I I I I I I ?? ?? 11 ' ^ I :N W I III 1- " 1 W I III ?JI =?1? c®K I I I I Ip I ! ? I - ?? ? - ? - ? 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DM: IiA1.8101 C1fC16P. OfG A-17 • • f I I I I i I I I I I I 1 i I I f I I I I I I 1 I 1[CENO ww?tur i-uav?rouisc-?2na SHEihtARD'S BFJICH RESORT awwvet noas? nEevoto rae vn? ® _ bw X=Ml corativws; LANDSCAPE ARCHMCT: •wR? >? CMI ENGINEER: ..-+ioww w'n STTCTURAL ENGINEER: 1100 - 1200 LEVEL PLA some wcEwanu NOE raotc.mw[non lO?MD. WM OMINN W: UIM piNE: 1}.01.]000 ORIIOFR OB A-18 Q{ • • 1100. 1200 LEVEL PLAN n i i i i i I J I I I I i I i I I I i I d? O +wwo ® ?oum?nlw?ss vflr/ ?,/ SHEPHARDS aFACH RESORT 61N'/aOR RRaM MMRO,OIC ?i - s wr LANDSCAPE ARCWTECT: CNIL EM11-41 . STRUCTURAL ENGINEER 1400 LEVEL PLANE Rlillll: p+C AIRVIiN Npi!(%CQ6ITCIIOI aR: tra+aoos a?aau ac A-19 ©l • • M 1400 LEVEL PLAN- OL DECK - 0 h6T OF OPOSI^1G' OR ARCHI TECTOH !4 ELF.1O1+750P I.EGEN „ZL ji. .. rJ_i _ _ _ k'LL VA71nN (lltA Will 1 ( rr /. "-- I?r, ELC ILK. (YL4'WS 1R4I11 i iAL `- ey , . ..-:- • •, =._ _ `: ... _. ? wm,` ?r; .- ?- S}EthiARD58EACH RES woo r; , r_._l_ __ _ ?i3AL.,U'vILS C>KF1L'I ?f ? w.a .. _.. .• ?" ,emv r t, ? I ? FkO?f GLWILS I1 J .,?.'„"?" - > : ? ? 'THkU 12 ', ,---r trc mc,omer. nc,om ? y' • - ? 1 L EHLI µ`.L?U F `.\> 1N. C[M1N_\ yy..-?. 7 IXi:.\ fr iAlt t L ,t NritU 1 ?? l -• - S. ? - Y RI(Ik: tfil LfTLRf. SCAG(! I fKVn 4 SI(..1 ,(IAREI.?ff *-?a+?x S - L(TII K'h TlJW E0. r.-+. _ LANDSCAPE ARCHITECT: 3- S ? lY... s Y<Wa'<?. ?tl• ., i !•iitit3-- - _ ..-- - -, _ _.. '.',: -- - - -- Cwk ENGWEER: y f.. z: i.31F ,i T" f ;r ?, ?I F # t i` i ~ STRUCTURAL. ENGWEER: r? ;i t j ! ? , I ra?a•_ ?, x1 tr?.r.._ :::gin - ,. r v ?? I F A I UONi FS OF FS6T?-. Lit FROM FLOORS 11j rxsi. ? r.i ,rv,ro TIIkL 12l ¦ Ih*J I t '? llli< wwuwfal r,?,_ _ s z - IJ ` JfE[f__YlI1!11IJ 1 ,,say ti F i .j, ea4A - • ?,• ' ?:.,. ? .mow' • 111[E111Rl: NORTH & SOUTH ELEVATION - COLOR SET TrtE WCSLEMIIW <OtfOYCptliNlCIION IO?MOC 0!]0 oPFYa B/: UlBN oaR: rfAi.)ooa CN[CI¢D: qG A-2a ?Lf•`f n®v u _ _ _ _ _ _ _ ELEVATION: DRAWINGS 4 ,"E sYil1A- - -J ? +.fnwRVfraa a9rwftam.s fruvsu °-o - I: ELEVATION OTExI`1G5 AaClaiF1.'IVML iVfAL w? >yty?y ?qy ???v EL ?7 ? O mpevn tnNWae ?r.tc _ _ NF?I JA t IAY ? . 0 wcnw 51r ? _ ®.wm.4^ ?twales I? .3» 'F EASE _ t F5 R'V ? ?' •pxgwn - 5W111 Ih 11% % 5p% ? wlFYAW OIlpElff 7F o A ma. '- BALCONIES OFFS Qa ,.....?x.m....Nfd iO•10m FROM FLOORS I1 E 0? TNRU 12 r-MVINGNDTf UY0hD vft all UM WI;Vk1FDAYnWU aE>IOI'EEXJ$rWGCUV0A 1f51kAl W'la EAnn7W ADDVESTN WEU- nYJEW a?'nTi - 9 fARKl,4. 51RLV1VaYfALAUF VWUNS tCOaRE u T WIEN NEN m.u ?? O?Lf.ft Y ? U i nil 1fC?ILD. JBIm ?-? 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I Fla"ri;.-li N)TLl i NIt LM lI)wtP tllltErAUW - ,. ?-.+.- +»?. - T"ll ? a I f ?a s ) .. ?. ... 4 t , yy yy . ? MEN SV?Pf1ARD'S BEACH RESORT arra.ww.kc?K Cb611tM1k - LANDSCAPE ARCHITECI: CML ENGWEER: STRUCTURAL ENGINEER: ?. w?v.YewKrn'? YYE1111LL: EAST & WEST EXISTING ELEWSECT - COLOR .f Et IIILP:. -9nVAIW w1 roe cameuclan 01}0 1Cl ! OeAMl1 H: Gim MIE D1.]ee1 I, C1eC1tf6. q6 A-22 REMOVE AlS . c LI.TOLA ABOVE ST.M.MA., PROlOSPD WESIf.h SHALL MRRIA TE ill MEW TOWER AWN LO. OE0 AW V1NC SYSTEM OVER TRUCILItEFM.Y S?RUCRRE fAfADC LEGEND ril Wino-- uar.RRe.sNA.>sw ED ? wW.® ?Wm.IIRiW?. El 1 U ?D?...Ce.... w...n 1 / ?( - - ?© I ? 11ZI IMOx/m MtMwPw'JN mIY I?w,r ; J a\?AV.WA// I?S wamw?inwv.we I ? f f bi ?i _ _____ FEISPkfe.N? _ I FAST EEVATION / SECTION - jt - - - - - - - - - - - - NOTE: %OF OPEN FNGS OR ARCI IITECfURAL ELESL&MTS ON i ELEVATION DRAWINGS ELEVAM UP&-cs ARExrtECIORAi ipTAL N ' ufcT 11% ib% AORTN IEV AxL kl% EAST hX .I% iPw SOVTII IOf. i% kEY e 1 ? ? DE? SHLLLCOARF1AlE ? Ex6TUaG P.AARfYC•G I ? LW lUWkR SIR1/ClNIEEA[ADE I 1 yI TTF it t L _ _ _ _ ECISIE\'G PAIW\c 4k1UGE _ _ _ ? _ _ _ _ 19UI'USfD IIOIF; B[V0.'O U rrMkMUYk E.\I>xt.c L'URAA ?AEMPSTNRWiL 1, PRORKEU OF9GN 9NAU CpRELATP. ?`EW I.A>Ell 'E]16TIN0 NOTg.. WEST ELEVATION 6 ?rJp? SHEPFUIRDS BEACH RESORT tayR1W191, 0.CTAA AVIRm xli Nnr ® bke RCHRECT: ==A rz ENGINEER: SfRUCIWiAt NWEER: wli l illE' EAST & WEST EXISTING ELEWSECT - 81W m mll: - - rot auwme Nln rok consmlcm+ ioi NO w1D DRAM LN utw IYN: 1E.01.]mk d1f?. OK A-228 • • • EXHIBIT "C" • COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the .1""- day of 2010, by WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter the "Real Property"). The City of Clearwater, Florida (the "City"), has amended it's Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution 09- 03 , passed and approved on Ofce"Cr- 17 , 20 05 , Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 15 9 0 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 A minimum of sixty-eight (68) units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a primary or permanent residence. 2.1.2 All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 16 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Seyerability. 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 a 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 72010. In the Presence of. Print Name: Print Name As to "City" CITY O CLEARWATER, FLORIDA By: - -?. William B. Home, II, City Manager U/A/1J 21LY164 As to "Developer" 0 0 Countersigned: V. Hibbard, Mayor Appr ved as to Form: Leslie K. Doug ^"i es Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this r'?'(day of JANL.?.A iCy , 2010, by WILLIAM M. SHEPHARD, Trustee. ?Heeiis-- M personally known to me or has[ ] produced as identification. Notary Public Print Name: My Commission Expires: :°? r P:?? SHARYN H. Pw-u * * MY COMMISSION d DD ?i+?"' EXPIRES: Jury 22, 20 ?'?dP`°p Baled ihu Sen u STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this a 1o'day of ?anvo` 2010, by WILLIAM B. HORNE,11, as City Manager of the City of Clearwater, Florida, who is [ personally known to me or who has [ ] produced as i SANDRA HARRIGMR MY COMMISS10N R DD133691 EXPI .3 snuy 04.2012 n. Ndaq' D -11 Acsm ?°- 1-8N}??RV dentification. Notary Public Print Name: SQ? k-?L-rn 2.t` My Commission Expires: % I 41, a 18 SCHEDULE "I" Legal Description of Project Site Lots 1 thru 5, Block "C", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54°25130" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12040100" W., and parallel to the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C", Bayside Subdivision #5, thence N 12°40100" E., along the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. 19 0 0 EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this 3Jday of , 2010, by ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2010 (the "Development Agreement"), pursuant to which the City has agreed that De eloper may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a 20 0 • single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this day of , 2010. In the Presence of- r t Name rint Name r?YN l? = CL- AN to "Developer" Print Name: Print Name As to "City" Agreement to be executed this CITY OF C WATER, FLORIDA By: ??+-- William B, Horne, II, City Manager Attest: E. Goudeau, City Clerk Countersigned: P V. Hibbard, Mayor A pr ved as to Form: Leslie K. Dougal es Assistant City Att 21 • STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before .? A?NI.??a r2 ?/ , 2010, by WILLIAM M. SHEPHARD, Trustee. to me or has [ ] produced AaZ- /Notary Public Print Name: 614A e 4602 My Commission Expires: t??;ar a°? BMAFiYN R. PPELL * . • + ?t W COMMISSION I DD BW46 EXPIRES:Juy 22,2613 ?'??? '? BadedThuBudpetNota?ySerrioee STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this b day of ctwo` 2010, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Flori, who is [ ?f personally known to me or who has [ ] produced as identification. SANDRA HARR]GER MY COMMISSION # J)D73369 2012' FXPIW: Immary 04, Fl. 14 D1fCO1m' 0a Co. ???TARY • rH? me this day of He is [,personally known as identification. Notaryblic , Print Name: ?.r\&1-Vti ?`n ZIC My Commission Expires: 1I y, %-2- 22 0 0 SCHEDULE "A" Legal Description of Project Site Lots 1 thru 5, Block "Cu, Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54025130" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12040100" W., and parallel to the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C", Bayside Subdivision #5, thence N 12°40100" T., along the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. H:\HSC\SHEPHARD\DcvclopmentAgmt 1I.23'09.doc 23 • PREPARED BY AND RETURN TO: HARRY S. CLINE, Esquire Macfarlane, Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 Clearwater, FL 33757 DEVELOPMENT AGREEMENT Se,, 4o CA C5 VV.,. L'tt ?) +J09 THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day of , 2009, and entered into between WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ["Hotel Density Reserve"] to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 2.689+ acres of real property ("Property") in the corporate limits of the City, consisting of 2.37+ acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B"; and WHEREAS, upon completion the planned mid-priced hotel will contain one hundred eighty-six (186) units, which includes sixty-eight (68) units from the available Hotel Density Reserve; and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Comnninity Development Code; and WHEREAS, at a duly called public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2008-12033 on , 2009, conditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the family nature of the beach community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. 2 0 0 SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terms of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property has two (2) land use designations and zoning districts: Land Use: Resort Facilities High ["RFH"] and Preservation ["P"]; and Zoning: Tourist ["T'] and Open Space/Recreation ["OS/R"] Districts. 3.2. The Property is owned in fee simple by the Developer. 3.3 The Property is generally located at 619 S. Gulfview Boulevard, Clearwater, FL 33767 as more further described in Exhibit "A". SECTION 4. Scope of Project. 4.1 The Property is 2.37 acres. Under current zoning it is authorized 50 units per acre, or 118 permitted units. The Developer is seeking 68 units from the Hotel Density Reserve, for an overall total of 186 overnight accommodation units, at a density of 78.48 units/acre on lot acreage zoned Tourist (T) District. The project height of the building is 134 feet (to top of roof deck). 4.2 The Project shall include the following parking spaces, as defined in the Community Development Code: Existing Garage: 191 striped + 1 handicap + 28 overflow = 220 total Proposed Garage: 123 striped + 1 handicap + 40 overflow = 164 total Grand Total 314 striped + 2 handicap + 68 overflow = 384 total 4.3 The design of the Project, as represented in composite Exhibit "B", is consistent with Beach by Design, except as otherwise shown on composite Exhibit "B". 4.4 No more than twenty-five (25%) percent of overnight accommodation units shall have frill kitchens. Kitchens shall be limited to those units identified on approved plans. 4.5 The Project shall comply with the Metropolitan Planning Organization's ["MPO"] countywide approach to the application of concurrency management for transportation purposes. J SECTION 5. Effective Date/Duration of this Agreement. 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G.2." 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.13 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as composite Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2008-12033. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CDB shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on 4 0 0 the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/closure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the Covenant of Unified Use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated Covenant of Unified Use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve• Return of Units to Reserve Pool• Covenant Reg_ arding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional sixty-eight (68) hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any units granted to the Developer from the Hotel Density Reserve are not constricted in conjunction with the Project approved by FLD2008-12033 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer hereby agrees to execute and record a Covenant in the Public Records of 5 0 0 Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2008-12033 and by this Agreement. 6.1.6 Transient Use. Occupancy in the overnight accommodation units is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty (30) days, provided every occupancy is limited to thirty (30) consecutive days or one (1) month. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and constriction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 The Project shall receive sixty-eight (68) units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 6 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.6 Transportation concurrency requirements have been met. 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement; the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: 1 1.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 1 1.1.3 That the change is essential to the public health, safety, or welfare. 7 0 0 SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit, condition, terns or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. SECTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: William M. Shephard, Trustee 619 S. Gulfview Boulevard Clearwater, FL 33767 With Copy to: Harry S. Cline, Esq. Macfarlane Ferguson & McMullen Post Office Box 1669 Clearwater, FL 33757 With Copy to: Oscar L Garcia, AIA 318 SE 8"' Street Fort Lauderdale, FL 33316 If to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3"') day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assignments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date, the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assigrunent 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. 0 0 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14. 13 An assignment of the Project, or any part thereof, by the Developer to any corporation, limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, 0 0 delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of o, application not governing the development of land shall be applicable to the Property, andvsuch modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. 10 r • SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: Print Name Print Name As to "Developer" WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 CITY OF CLEARWATER, FLORIDA Print Name: Print Name As to "City" By: Attest: William B. Horne II, City Manager Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS 0 The foregoing instrument was acknowledged before me this day of 2009, by WILLIAM M. SHEPHARD, Trustee. He is [ ] personally known to me or has [ ] produced as identification. STATE OF FLORIDA COUNTY OF PINELLAS Notary Public Print Name: My Commission Expires: The foregoing instrument was acknowledged before me this day of _ , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 12 EXHIBIT "A" Legal Description of Project Site Lots 1 thru 5, Block "C", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54°25130" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12040100" W., and parallel to the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C", Bayside Subdivision #5, thence N 12°40100" E., along the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. 13 0 9 COMPOSITE EXHIBIT "B" Site Plan, Elevations and Floor Plans 14 • • sP[rrwos e[ncP P[wm • Paoros[u FGMa a crvw.:[ sH[rouacs eucn v[srxr rus?vw rwrik a,enau?[ SHEPFiARDS BEACH RESORT PP[PNEO FOP. _ cor+sukN+rs: LANDSCAPE ARCHITECT: CNIL ENGINEER: STRUCTURAL ENGINEER: I I 'Pv kiSUkN CW1-- 1 ISM[[I IIRf: -GROUND LEVEL PLAN I i W20 Icwn m c en to [ i?.ar.mke c [cx[o olc 7 A-1 1 • u h I _ - _ -_ _ I - '-- - L-L- \? II -i•- II I -F--n {I 'I? '9 ?Ij° N h Nad 's ?yI I I i4 - i U -? TT \\\\ \ - - - o- rim ?- I I I y I I I _ i- I I l 6 I I l'i? E E"fll!1 14.d?d!!/I'OYYL IEGFND Ll y o .?.naaw.n wauaawD 0 i ? ?o.ma.c..uc GiG'd a RAJ } II II rra j I I II I I fi II I ? - - ? N..J F Q l N 2110 LEVEL. ULAN-f A'AL7•m^I'd-T.d4LS? SHEPHARDS BEACH RESORT PREPMEDFOR: ? wvnr CbSUtuttS: LANDSCAPE ARCHITECT: CML ENGINEER: STRUCTURAL ENGINEER: -p 200 LEVEL PLAN N ,ft M wN BY C x D,E IF Oi, MtE f fCKFO CtIG I A-12 ,"? ull?nyx IFGFND r,t o h. t Y / /? rya M.4 UR OkMAbU' I _ I _ -_ _ ? .wPm• L -.L wl ?!e , >. ROO. ?. 1 I b O ? b b j Q ®? ? e r III H ?... ?. ?...? III ,.a - MIMI L x.nr.cTT T I - f - I I O' 4 .1 117 I i I ?.. 01 -- I I_ I _ I I II II G • Cr-- I _ I .?.- ? - ? I rota I. .. a - 1 .....oc I it <-> I I I O- -- I a ?-. I I? c ff" % emu. _ fII -?- I I I Ili ? r L- C5 h ?? i III I I - - i 1 N !W LI:VI: ATAN ?IybF worsa? m ?w,eAnu ..a ei ussuw xn SF Pn ACC,veu..m+n w.c.w i SHEPHARCYS BEACH RESORT I CILF WNEP, II?A PRPMPED FOR. _->•.vrtr fdIMiA11R: LANDSCAPE ARCHITECT: CML ENGINEER: STRUCTURAL ENGINEER: .•vnaw.<. I I ISWFISiOW SrfFEi not .. 300 LEVEL PLAN .5(i tntE..._ .._-_. ORC AI9A•Vlµ _--- W I FOO CChSFFU? AP O DtlN DGwWNP f119 - OAF 1].DI.tODtl CMOMFD OW I r A-13 1 sRa I Erc w(n,n ?P„ i ? IfGEFW-_ _ d l'pl/Jhl, no _- I I ? I I I Y//A uma. mr>m?c wl.c -It vII IIRE . .M.,aR. II++ I I • II n IIR II 4, „I II PON, I I I I ? ?'r _ I I I I L i r/ II T ? ?? "9 ? . t _-? I °t II I L. W I I I : T I' II . ,? I I I ... i t N 91N1 LEVEL f'I.AN .uxwaew?w'?Er?c,u?ssw?u?nsliw?., aaEmr • x.xn sr """" SHEPHARD50EACH RESORT wMR. RCioa PREMKO FOR: ('OIRNiN(r5: LANDSCAPE ARCHITECT: CML ENGINEER: STRUCTURAL ENGINEER: i aE nu[- Es,u a u+r SHEET RE: 400 LEVEL PLAN i i i ql wa co xis r+o: uexo ipanwu OnE[: laal.xooe c„Ea[v w A-14 1 ?V .' .?. tel _ ^a 1I I 1I II }`f.? I ??T IIRt 1I I ?fl 11. I1 i Im ttab la ? III " -1'--- i i I --?'- ao- ???.•JJJ;::? r.iu l4Rw roMG1RR41U4Re,FlBtO e a rr? 14 1 R tt.11R1 ? 5 ??a? II li i - i 1 a; I I -=F-T, 2. I j N SIMI LEVEL PLAN n ?? i SHEPFWRDS BEACH RESORT QE.N`WVER. i?CfAA?'__ _I PREPARFO Iqt x.ve. _ - coe+aa,.wn: LANDSCAPE ARCHITECT: CIVIL ENGINEER: STRUCTURAL ENGINEER: I 500 LEVEL PLAN ' I i w «.srRRCIRx. _ ?oe t.c.u ?n IgUWN er Ulett MI to :moe clxceFOalc I A-15 _ I ? nn Wl ua I I r. ?rJ I?crur?sn! I _ -tII I II ra. I'et ? uil r row I • _ --- liu I i I k I I' Ilirv ? I t»ele.G I K Rte. I I I I I I L I ? I I _ rmww I ? I I rc,Lnrvr ? ?... o MMru[.MY i - >e i I I I I •rf _ I j ? I 71I f -T" ti (i -_ ?I I I 1 UT - - _.t. N (AD LEVEL PLAN' f Sr',1LFI%16'1 EFGEND --_ - .-?.I ?.rurwua ?7? iwcrore uc.aa.n?v T//? ??REUG IOl4NJIM0 •ooso.wfm?vo..? SHEPFiARDS BFACH RESORT ??"N+?e. rfa?__ -??, . PREPARED FOk ... ,. - ? CdJSUlLw12: LANDSCAPE ARCHITECT: CNIL ENGINEER: S TU TRUCRAL ENGINEER: I REV M F .. [:w ' CW I ,.•,iwr I _. I 600 LEVEL PLAN I f rlm r' - .. ... .., ? _ _ uR or+f?euC _ IJUdnn n.v Ia4AVm m: cJl N. I IMIF' 11.01.20(Id I CHECKED: OIG A-16 i lI ,? u IFG[HD - ___ I.J+„:? .ut.ru?. M 1//) ?nu'tuuw>axavaeuo e[ xor? .msa.,e,mm waora YYG???? SHEPHARDS BEACH RESORT ?R. R-.u a,...-. 1 PMPM O FOR: uc.wax.+xeu coxsnuun: LANDSCAPE ARCHITECT: CIVIL ENGINEER: STRUCTURAL ENGINEER: v -wit: Is ti ups; .__ 700- 1000 LEVEL PLAN ?rx uo: mw ? ?wuwr+an rcl- V Daft: ft.01.=O Lcxtwo, 0G A-17 N 7110 • IIXX1 LEVEL PLAN scuc'rrtt?-T? - ,, Q 0 • 4 r ?WR: I I I I I I I I I I I I I I I I I I i I I I I I I ?j IEGEND !J11 Ne awwr.we Rwienu RO L? SHEPFIARDS OEACH RESORT ttu2+wARR?io? PR[PARED EDR: ® ro? cOfbGE-: LANDSCAPE ARCHITECT: CML ENGINEER: STRUCTURAL ENGINEER: n -I 1100 - 1200 LEVEL PLA i I _- __mlf: pRC SUpNRIN I EIOI FOR COrv5lvuclUn SAE ND WO DRA-MCI'b- -~ DAR: 12.0I.I 1 CEIECIRD: OiG I A-18 j GI N 1- IN?? M? EL PLA_ N T?? • 0 F-1 i I I I I I I I I I I I I I I I I I I I I I IEGFtWv- i mFru?uw ?F? ' ? ucw+a+9 F /i ?I RFlLfa:roNfkMQblO CV/J? .amn.w?mnc..a.? ??i4 KK euc*nx a. ? 1 I I ;r- - ?M i ? I L? I? 11? r r - u I (va ' D1--1 - B ? I -?- - - - ? L- I _?----.I cy i ..._ I ... _i__._. II I II a? I I - ? I I o- -I- I - - - Il t - I I N F9,%1 LEVEL??I, PLA?rD?ECK1 sT Q HAR[YS BEACH RESORT SHE, RFAR wA,E4, gplro? iREPlAFD fOR vrar COFaAIFIANR: LANDSCAPE ARCHITECT: CIVIL ENGINEER: STRl1CT Q ENGINEER: 7 1400 LEVEL PLAN I I ioe ?+c+oa?n {I poem pv: UlBn DAR: I]A,.HID! I CMEC,RD: OIG I A-19 n( • • 1? 7 a ..'tf? oR, -tom 9 1NO ?' ` a,+w rat , ,? _ I a r J?'\'4G t n Mlff 93 UIEFKAPJYS BEACH RESORT 7 I}T ?t ?1 1"r ti.. 'Yw.. - ?? ?!/YYY1EQ. q[q.M r.u r Irx x ' I - I I r L o??wna aurMo . plt ? hf ?- I ?? 1 wu?+t ? curt?attir,u rlul. oua xwwouwo. mer -- -- a UALUIy IES OFf ti(;I FROM FLOORS 11 - - -?_ _ ."INKII 12.. EZlrnnolpTEE atiY?r?l? '- . Y _ ? _ -, LL MI?UM LOUYl71Ef ? +t{µ _ _ STEM OV FA 6%15"8 I. W Il ,e LI . ' rwvua.?•wwe?wm-.?-rn?v -_-- __ _? IAl<RRIC SIRUL•N? 1A ? C{ h '. ILALLifkL CL?T.__ 1 - y"" •? ?RII !.LH'll?uu CONCl VM LANDSCAPE ARCHTRECT: . mva aw ucc } BALCONIES OFFSEC - - l ??-?1n?steAlsnec curou SL11 SHA gUOIE SLAIN Lk(V RELATE [hESIG LAiT FHOM FUKOS I 2 %• -rI{HU I`I r - - - l ll - ? cxlsnlxi uonL- Ll 1 ' µlTll LN OWtk J T III '_'_ u I I 10 I ?- i Y T- -?+ri ill. ,,r. .?. •'a ???7q? ???) nvS p l I ?? x li, IW ,?ISIRJ?I?MJ.LYA I' 1 - - -. i II I •IJG . ' I l ? l x I _ X?YY1l ? . ,? eal a1 Q .??= _. ?? . ?' - M01 VF.I I ' EIE I?1T t. .iJt VYE\t':lsi l)H A kt hi I tE.t II IFI EMFI,71, ON IE-11D ?Pe39 Si,t'tti ?r` ,H ai`. r .?r...„u w, wa a+ssw ?.w r.«c rn.w .. r wtv.. r m.c a.c w I ? c llAl([1'?Il„5 t)t}?C?y e..,. ?xn..w?,n.r '? f Rh?f I??C?URS J 1 : FAFku. Sf]fi? 1W.C+C.n(X ? IlG3k1 nI, w .SIS1 - ? tf - -.. &L,?!liLl ? 6LSll,ac,.Zdlli.?? V• l,... r n..,6(!f{'K. 4 6AI C OMIT S' O f St t - ?? Ytjy(1yE1I ! t-x4)M f I Lx)K? i. - u? ? x nk1A -, 112 ®-- IIIEei?t2;PGr,r,taL]L"IL; !_,,.,1 77 F 1: 1,7 .0011111111WERW SHEPHARD'S BEACH RESCRT tlURYCNIP, ttOiU?? ra[s,.utn aR: .awo LON4]1M11S: LANDSCAPE ARCHITECT: CfA ENGINEER: STRUCRIRAL ENGINEER: NORTH & SOUTH ELEVATION - COLOR SFI IIRE IXiC SUBMIIIN NOt WC CONSiQUCtIDN /0{rKk mP 04iw ar: U/&Y 04R: 1].01.3pp1 C+IFCY20: pG /4-20 0 • NOTE: % OF OPENINGS OR ARCH ITEC-TURAL ELEMENTS ON LEGEND LLLVATION DRAWINGS NNn n...cm --- - www:x rRll»<.,.L m? • NrcT(ArxAL I- . T Ion ?i R,mn .cK arlx:.u O oLCOUw ARCIIITE:(T(IRAL TOTAL ? f1.EVwiION o - _ :M (! oaa suu Q alwc rnNl ~?n ._? - N'ltil In. ,: ]Ir: w.rxroav. nrA<I wa+Nn.?LOin ?l°t^R^LmavLo -?? _ ... - NORTII ,A% I?: M1lti O Ny,w?r NV lnlwuacw+ .u?r,ouwnou +.u.?I rr?Inwax? I F:AS'r _ - YIV- SOUTII IP•, FIY. NI% I a AMMYMORNn alrGt v[awx taM4 O tRtN4 mlulxw. NIM W TuS Q U D. wDnL a,axD„.MrI. A ?`M`^?? Il ruU wuwnwa lWN IIA'?N ; 1-1 f?run9wDwmn II 1J ?, I nM1awwoov > BALCONIES OFFSET ae T'Y ?iEVPL FROM FLOORS 11 THRU 12 --exlsnnG n(ntil. aevumT V QIL:'? VE LU>II LML US't.. AWTINU -1.11A. EAISTING CUM" 1YITt,-1ER EMSTIN NU E5TAIRWIELL-PKOPUSED _ R ?ue'TVT1. 9 -- PARAI•NG STRUCTURF FA(:ADF DT SIGN SHALL COIU(ELATE F r 9 ? - M'ITH NFw'TOW ER R B r.__ - ,.? rt s 7tI All F. 14 i t I l± R? ? ? A A f I err-I•.. NA,vI ,.. _. _P.R a).,ED NE.N'. HOTEL VML- J U(ISTIN PARKI S,f'.AR-F- - - - -- -? -NORTH f:LIVA ZION .IFI,:x,(,.,.T Illf :s y I L? ? x NELTI LEVl1 ?I BALCONIES OFFSET- IuMUVUauunG'U"LA FROM FLOURS 11 I I '? nlwVE STAI-ELL, PKM•US1L T IIRU 11 _ _.- DESK alms cowu.U¢ wml Elv r(nvl:x ? - F_CI}TIN ?Hrttfl I - I ----- - i 's ID ---- - 0 m o m,l I ri l,l; ?I? - -' ,? L I I 1 i I l? ED f o ?? , C I! a4 r ---- n --- I a mi - 11-- I wl'LI_ fa ?al +Z"-?--L--- (- ttI$.Ll NC HMEL- - - - - - - - J L. ] ECISTINO BAR- - - - J I_ J:R(H: UP "„ L-JiOT};I. v111,Q- - - - - J Q .. .. .. A SOLPTTI Fib LF..VATION SHEPIiARDS BEACH RESORT I nE.ww?v?ovo.. -- . corvwLaNrs: LANDSCAPE ARCHITECT: CNIL ENGINEER. STRUCTURAL ENGINEER: ' OAIE s... {Uf-M]I - - _ati . _ ..I 1 1 L_ - NORTH & SOUTH ELEVATION - B/W n? pv (1 (NUwN M C I B { M.if .DI )GO! CWC-t. OK; A-20B C • .r._l ?r,/. ?uUU7lllww?e\ni I I ?13w?E+1=1S1??N•. I I I \ , GL' _ . , r z ? I y I ?,? _r 1 J .. 1 NOT6 a OPENINGS OR ARCHITEC'I)JRAL ELENIENIS ON ELEVAIII4 DRA.WIN(S `? m. vArxv+ ? ?+ -.. p I na}}``1 -n a rnl J.L}MI S.iS .c a v ? "f s y y {.M1hl . I1 5]x» :1? 1 il & L A r - ? ?fiA1.GONIES-OFFSFT I - . 4N 9 ' FLOORS I I I t - - V R,y?? TFIRU 12 i I \ _- 1\IT f r'I I 'i LG0_1111 -- . r . ?Q, MN= SHEI'F1ARD'S BEACH RESORT 1NE.AYFD fOR: ?DDarw ElEaEwan>,wel cor lvira LANDSCAPE ARCHt1ECT: CML ENGINEER: STRUCTURAL ENGINEER: 1-MME bz EAST & WEST ELEVATION- COLOR SET ORE: DFC SLeWPA NDI fOV COIM9ICIIDII A]/ W: WID OYAW K U/r11 DAIS: 12AL W3 mom OIG A-21 4`1 Z r .. _ r I J I` I 1- I K r t i I I I 1 ? ? RT I i I I T?1 - l rv?nwuNCy u+n?wa. Tr.w.rrrwrwll .. r.`- I I I r '. ,., ' Il. 111 wlaus.x 4 it ¢ AA Ot r Ir iW €wR Il lSltl i? IM ¦II ??( I I LI ,I,?I ?? Jim" so" wf4 I rtx? rr?r rim not UK IT 11 jjT- ?GEND faAl?c1N1F.? ? IOFFSLT FROM I FLOOR ' I I 1HRL` 12 _.. _ r? Noll UIN111-1101 LL 41IUN V}Lv INU1; I I ILI ?4LCONICS C?FFsrI FROA rL?aRS I, I J ? TIfRL' I' ( I I v _.A?.?./~-/u/41.Y? 1 .I kFY, ?wN.f ? \ TI < riAA ?alesv wex - , I _ LYOYFT( i al1 .,, r ?-I RUCS ru , II: SHEPN11RD5 BEACH RESORT ac?e?weo.aaca wE.,uw rae ?,>, caauwm: LANDSCAPE ARCHITECT: CNB. ENGWEER: STRUCTURAL ENGINEER: ; lu r RbA?' prn ARE: EAST & WEST ELEVATION- COLOR gi IIRf: OYC SINMIIf.LL ua we cornnucrou ?a ra Wao ovwr«m Film a Ml unl.m c cxeo: ae A-21 • • INV- f q _ L - ? 19.10 ? ?? ? +ppln?ip?11NY Ra.MN'[I[ alrrtM _ R II --Y7PI t rL ??`?•???? ,3? vatltww p9urt rlNUe . Ins on rIT LfM? f l mial?l 9crgrrnr arc r' ?1R OIIMCI IIIA+"a - fD OFFStT FROM ddd iZ +. ? I ;;? f t I z ? AI •, b sAlrea- ?' - T y? IT. SOFOPENWGSORARCHITECI}.j[IAC ELEMENTS ON f-JAI'AT10N PRAWINCS ? »'?P o - -I ?} ? I A erm ' a LARa rrer5 IRAL TOTAL ENr ?t I e V ,I , i I w? ( ';zd ,tr,,,• I t k m ?ERq llvrl nr74pE??_. I. I . ? t v?r ?u 'L. .? , ;-ri rtu _.-.. _ -1+-??IR rrlfl _ a UALCI)NII S OFFSF'I e nn ?.... I I a I LI .-.1I F.OMFIOORS-Il I I ..? ,? Rttl?tM1? lil f' lTHRII I -. ? L. + AIRWFIL. PRUIVK[U ? ? ICI ?ALLCURRELAI E' .xl L S c I 71 I T .l _ MI-mom SHEPHN2D'S BEACH RESORT_ ClfAll WA'EV 0.O fRAA4E0 OR' 1 a VflrK rtw??in+ ?? coNRA,AIns LANDSCAPE ARCHITECT CML ENGINEER: STRUCTURAL ENGINEER: , Ian _ SHE[t IIRE: ---- EAST & WEST ELEVATION - B/W Tt-rd -- oRC o mm No roa calmvuc _ .. AI NO. 0420 UIIAWN BY ClI ER ME 11.01.400/ CWCOD a6 A-21 B c' ,rte, 1 ?- z ., i I I I ?rxrcn, k?` { lour " t ,fi e.:r•c I .y_? J? - lull (RAM- I "MMI t i a mq 6 IIF mIBM? M _mfir write i i -4 toe -1 ?E?Erro _ _ I ..? - - +.le'Mp?mofraulx+rca i3nLC(T'uI -' orF5CT FROM '.FUX)RS 11 THRU I: L: r?- ? I 1 _ _ +( ?IPF?11hC S(+H 4RC l11 it(:I?1R41 T- kA1F11St V -? ! I \ tT7C)N f7R A141 M1/ YY 1 rSVATNJTi ^rv1W4c A-`rlFmll,i i.TAI I i HATCaw Eti -?FRON FLIXiRS TI Tu+RW u_ } I I - I I VI `N iF7. {+H:?'f ?t? k??ll.l. lF N+')]'Ll+ ILL rit+Aiw:'r pK w?-. Y _ ,'.\£ LJ snawar r.?eur 1 :?xru I 1 1 , r F = , s 1 wn o-ru ?AN.nc cn?.«;c 7. ."w 4 n kr x r SH'E >r BEACH RESM v Nosc uE ARCHITECT. CMS ENGiNEER STPUCYUPk ENGINEER: :H[Ct m+F EAST & WEST ELEVATION - 81W w mu one meeonii ror roa co.u+oucrrw if1 Ntl. OSRn 04AWNN CI. fH avE uor xum cHecrFO sxc A-21 B • • prewi.c...T.3'?t"'6` r -1.. ? ?'?' w41 • 'F r ? '.? (?,% ?,s M ?±- I Y' r v ? r"'a!'ICd?A ? ti..., r h h rk F l <.? FI?.?acw i0 naaw uw o-wan , axe . I "?S ?'??° --a I } ?""d :wr.aNSOUtwc.u rullu..aN .. t 4 5^V 4 1 Sy 11 .twlruSlraN I t s xue.?r..a.v \;i ?[S t ' .. ` Syr„ of Nu1P NPN... Q 13 WiaVLLWIPNIL11LWlt xl...,. oaAN lu?nS. coon % r t f 71 w. '" ? rtoPnal ?Awr. F r ,?rnu' eEtl?IU+o n(lL '? ? r' - - ' ?_ •L Si.?IRi['LL I'ItC ?•t}LTI ?Y - INV?I LL IFtll ". GSNi11111All C[?FAL InTT. ?. ! =, i V(. fYS'i • Lll _ ' ? v lYm?-. , r1 I xyn mini., ?_F I _ nr,«wnt?eFLLax.?u.v??'. _ '-_? ?r ntY"s09TAl0.1YBLf„Ill,ro>ul __ -- __._ ?LSIC?N611AI.L LV4ALLn1L - '?'.• i W y + I i i I 1:1(1'r.NG ISANUSNYIL. --?? - - ? _ ' .. ' 1, .d { _ rl ?r cati i3 s t NOTE:i.OFOPENINGSORARCHIILCIVRAL ELINE'JTSLN ELEVATION DRAWINGS rKOlv?w UMILUEYUNU ElF1'AIiUN OVENINO] ARCHRECIVE? I TIITAI . '•YESS ]TM TIM Ts _.- . IM IX - -.. _ .. 17711 L L IB% fIM . s x ? LB I '. _ ': _..w.N+L VUKYw`I'INU waou 1 `. ..ulovG StntNx 6u ntorcl?rn _ 5 .. ULSION $IInLL LC)wtELATI. Hl)? I?• 1sT ...111"` 5? IXISTMOIwTN,L 7 t:5 TALL ??.R l ATT Cti,Tll H, r I` vp TIL7•_4 i ACA -'L? ON= wM- SNEPfVJ2D5 BEACH RESORT CJEnavOB aO? /OINFD 10P. avaw? ow v,r.P. aNa PbOr.111e I CONSWNC3: LANDSCAPE ARCHITECT: e?IM, Pert ?0. ?wnoln? >ua CAN. ENGINEER: STRUCTURAL ENGINEER: n1.NP _ wP: Ae,:,ooa?varvaae vmo couple, EAST & WEST EXISTING ELEV/SECT - COLOR Su HIE: oac$IWtM lea FQD ?Ilai IOa NO: OeM OPAPMR UYeN MR I1D1300! CIECIRO: qG A-22 ', iCGCP:fi ..,w Jam... d'a Vwr? wn lryu . ...YIN ..omui w?K vawc av.ue,xi.K - ? __, 51 w.uum wa a ?. tl; I LfJIY k fll nLU l(W iR ^-? --. YlMll llLL t.il A\Y -? r??.iliA.fwf n ? 1 RWS,IHCV?SlLYG CLnII.? -_ , - .WG'L S1A1P FAL. ?RtIR,SCA i r'(1f Nku''ii W!• IILI til ?y_r , A f7T rNM...uww ?,, _ t r + ClSTI LF\ IN S tt? `+?fll u1[?Yl"?Ul,5 OH 4NCIilIIC I Uiol CLLMLNI i ON kLf:\".411Ui1 UR.\KI trli$ vKKln: ?. ?f. Lin?u?.? F. Y, \ ?? i,n. M?\\ akl t(ILR=?[ fl?4t tA)1 vl t r [,YSN Slwl t?,t ktllaTE 11? (.. HTiv'.. }>RA rvti ? ,. CXISnNiiigT?. I"'?. HiTI I-?":lY?'tU STPti't?gE in["nfN: - ..,.daw.d Xt f j - . \. { F7Tj ? ealm!wrw?,onn.??c -?::FV311'tl ,3it?!-n?4o _ f .?. ate' kkty?';?> El SHEPHARD'S BEACH RESORT OEW.WA[R.NdM NFPNIiD lOG: na?isi .nrc?w evru Cdd11NAF LANDSCAPE ARCHITECT: CIVIL ENGINEER STRUCTURAL ENGINEER: p T I! >? nne EAST & WEST EXISTING ELEWSECT - COLOR ONE I]D1.1001 plE o. gG A-22 NOTE: %OF UPENINGS OR ARCI IITECTURAL ELEMENTS ON ELEVATION DRAWINGS ELEVATIOV OXENINGS ARCIIITF.CfURAL TOTAL el.Eal :Nfs 1-1,51 10 -1 wcm Iw. r: aa.: I i .I =?I CI ul I i I? B REM \'F.f11STING CUPOLA ALUNII.VUM lOUV1.REU ( I . P0.0POSEf1 \N'VIN(: SVST L.\I OVLR i PO X"LL DESI( 511A11 C'ORREUTF. EAISnNG PAIIY.IN'f. Ni11LN IUWF.0. ?S"f0.lIfN0.E fACAUE I LEGEND El o o aR.?R mx?x?RR? o?. o ...: .I.,oM.o E] El, O/ \Q wlmWlouuolwuEUa(wl w¢mrtx I Z U\\ rn xea u, . u.owx ? ..,on..o:n.o. y,r oon II ?? II ?I r..A.em. ,xuw or Q o.c.ucno.wv nw`'.1a rxuPUticu uoTeL UETOSD xi 1\LL I 11 f ST I T LA F. IFS NS11\ LCO RREL.\TF. 1 I('u FN WEST ELEVATION nrn -ra-- SHEPHARDS BEACH RESORT c1EARwArzRcOra(?. ?a? - - PRIVAe[G R,N coNSrA,Axrs; LANDSCAPE ARCHITECT: CNIL ENGINEER: STRUCTURAL ENGINEER: n ? ? -tSSu - 151 E REV- _I sx[IInRE: EAST & WEST EXISTING ELEWSECT - B/W 1 1 x01 .ORCM+sIWCR0.1 "NO. Olga ORANN ar CI/&1 I.PWE CNFCIDD: dG DOE.2.0 A-22B 0 • EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of , 2009, by WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof (hereinafter the "Real Property"). The City of Clearwater, Florida (the "City"), has amended it's Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of nnid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on , 20_, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will run with the title to the Real Property. THI'REFORE. in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrFes as follows: 15 0 0 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Development, Use and Operation. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 A minimum of sixty-eight (68) units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging establishment and classified as a hotel, and must be operated by a single licensed operator of the hotel. No such hotel unit shall be used as a primary or permanent residence. 2.12 All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or pernanent residence. 2.1.? 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 1, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hun•icane Nvatch. 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 pen-nits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governini-, Law. This Declaration shall be construed in accordance with and governed by the Iaws of the State of Florida. 16 0 0 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application 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 , 2009. In the Presence of: Print Name Print Name As to "Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA By: William B. Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk 17 • Countersigned: ?J Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 52009, by WILLIAM M. SHEPHARD, Trustee. known to me or has [ ] produced Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater. Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: day of He is [ ] personally as identification. 19 • • SCHEDULE "I" Legal Description of Project Site Lots 1 thru 5, Block "C", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54025130" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12°40'00" W., and parallel to the westerly boundary of - the said Lot 1, Block "C", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C", Bayside Subdivision #5, thence N 12040100" E., along the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. 19 • • EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this day of 2009, by ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is tenninated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a 20 • • single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of , 2009. In the Presence of: Print Name. Print Name As to `'Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA By: William B, Horne, 11, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney 21 • STATE OF FLORIDA COUNTY 017 PINE LLAS The foregoing instrument was acknowledged before , 2009, by WILLIAM M. SHEPHARD, Trustee. to me or has [ ] produced Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater. Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: 0 me this day of He is [ ] personally known as identification. 22 0 0 SCHEDULE "A" Legal Description of Project Site Lots 1 thru 5, Block "C", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54°25'30" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12°40'00" W., and parallel to the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C", Bayside Subdivision #5, thence N 12°40100" E., along the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. 1-1:\HSC\SI ILPHARD\Dcvcl )pmcmA-mt 11-23'09.doc 23 PREPARED BY AND RETURN TO: HARRY S. CLINE, Esquire Macfarlane, Ferguson & McMullen 625 Court Street, Suite 200 Post Office Box 1669 Clearwater, FL 33757 DEVELOPMENT AGREEMENT ORIGINAL RECEIVED NOV 1 t 2009 PLANNING DEPARTMENT CITY OF CLEARWATER THIS-DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day of , 2009, and entered into between WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a political subdivision of the State of Florida acting through its City Council, the governing body thereof ("City"). RECITALS: WHEREAS, one of the major elements of the City's revitalization effort is a preliminary plan for the revitalization of Clearwater Beach entitled Beach by Design; and WHEREAS, Sections 163.3220 - 163.3243, Florida Statutes, which set forth the Florida Local Government Development Agreement Act ("Act"), authorize the City to enter into binding development agreements with persons having a legal or equitable interest in real property located within the corporate limits of the City; and WHEREAS, under Section 163.3223 of the Act, the City has adopted Section 4-606 of the City of Clearwater Community Development Code ("Code"), establishing procedures and requirements to consider and enter into development agreements; and WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ["Hotel Density Reserve"] to be made available for such mid-sized hotel projects; and WHEREAS, the Developer controls approximately 2.689± acres of real property ("Property") in the corporate limits of the City, consisting of 2.37± acres of upland from the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated herein; and 0 0 WHEREAS, the Developer desires to develop the Property by demolishing existing hotel rooms and other uses in order to add overnight accommodation units, minimal meeting space for guest use, ground level pool, tiki-bar/pool on the roof, new lobby and parking with parking spaces, generally conforming to the architectural elevation dimensions shown in composite Exhibit "B"; and WHEREAS, upon completion the planned mid-priced hotel will contain one hundred eighty-six (186) units, which includes sixty-eight (68) units from the available Hotel Density Reserve; and WHEREAS, the City has conducted such hearings as are required by and in accordance with Chapter 163.3220 Fla. Stat. (2008) and any other applicable law; and WHEREAS, the City has determined that, as of the Effective Date of this Agreement, the proposed project is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the City has conducted public hearings as required by §§ 4-206 and 4-606 of the Community Development Code; and WHEREAS, at a duly called public meeting on , 2009, the City Council approved this Agreement and authorized and directed its execution by the appropriate officials of the City; and WHEREAS, the Community Development Board approved the design and site plan as FLD2008-12033 on , 2009, conditioned upon the approval and execution of this Agreement; and WHEREAS, approval of this Agreement is in the interests of the City in furtherance of the City's goals of enhancing the viability of the family nature of the beach community and in furtherance of the objectives of Beach by Design; and WHEREAS, Developer has approved this Agreement and has duly authorized certain individuals to execute this Agreement on Developer's behalf. STATEMENT OF AGREEMENT In consideration of and in reliance upon the premises, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto intending to be legally bound and in accordance with the Act, agree as follows: SECTION 1. Recitals. The above recitals are true and correct and are a part of this Agreement. 2 0 0 SECTION 2. Incorporation of the Act. This Agreement is entered into in compliance with and under the authority of the Code and the Act, the terrns of which as of the date of this Agreement are incorporated herein by this reference and made a part of this Agreement. Words used in this Agreement without definition that are defined in the Act shall have the same meaning in this Agreement as in the Act. SECTION 3. Property Subject to this Agreement. The Property described in Exhibit "A" is subject to this Agreement ("Property"). 3.1 The Property has two (2) land use designations and zoning districts: Land Use: Resort Facilities High ["RFH"] and Preservation ["P"]; and Zoning: Tourist ["T'] and Open Space/Recreation ["OS/R"] Districts. 3.2. The Property is owned in fee simple by the Developer. 3.3 The Property is generally located at 619 S. Gulfview Boulevard, Clearwater, FL 33767 as more further described in Exhibit "A". SECTION 4. Scope of Project. 4.1 The Property is 2.37 acres. Under current zoning it is authorized 50 units per acre, or 118 permitted units. The Developer is seeking 68 units from the Hotel Density Reserve, for an overall total of 186 overnight accommodations. The projected height of the building is 138 feet. 4.2 The Project shall include the following parking spaces, as defined in the Community Development Code: Existing Garage: 191 striped + 1 handicap + 28 overflow = 220 total Proposed Garage: 123 striped + 1 handicap + 40 overflow = 164 total Grand Total 314 striped + 2 handicap + 68 overflow = 384 total 4.3 The design of the Project, as represented in Exhibit "B", is consistent with Beach by Design, except as otherwise shown on Exhibit "B". 4.4 No more than twenty-five (25%) percent of overnight accommodation units shall have full kitchens. Kitchens shall be limited to those units identified on approved plans. 4.5 The Project shall comply with the Metropolitan Planning Organization's ["MPO"] countywide approach to the application of concurrency management for transportation purposes. SECTION 5. Effective Date/Duration of this Agreement. 0 0 5.1 This Agreement shall not be effective until this Agreement is properly recorded in the public records of Pinellas County, Florida, and thirty (30) days have elapsed after having been received by the Department of Community Affairs pursuant to Florida Statutes Section 163.3239 and Clearwater Community Development Code Section 4-606.G.2." 5.2 Within fourteen (14) days after the City approves the execution of this Agreement, the City shall record the Agreement with the Clerk of the Circuit Court for Pinellas County. The Developer shall pay the cost of such recording. The City shall submit to the Department of Community Affairs a copy of the recorded Agreement within fourteen (14) days after the Agreement is recorded. 5.3 This Agreement shall continue in effect until terminated, as defined herein, but for a period not to exceed ten (10) years. SECTION 6. Obligations under this Agreement. 6.1 Obligations of the Developer: 6.1.1 The obligations under this Agreement shall be binding upon and the benefits of this Agreement shall inure to the Developer, its successors in interests or assigns. 6.1.2 At the time of development of the Property, the Developer will submit such applications and documentation as are required by law and shall comply with the City's Code applicable at the time of building permit review. 6.1.3 The following restrictions shall apply to development of the Property: 6.1.3.1 The Property and improvements located thereon shall be developed in substantial conformance with the Site Plan attached as Exhibit "B" and approved by the Community Development Board ("CDB") as case number FLD2008-12033. Any minor revisions or changes to the Site Plan shall be consistent with the approved Site Plan and shall be approved by the Planning Director as a minor modification, pursuant to the Code. Any modifications determined by the Planning Director as either inconsistent with the approved Site Plan or constituting a substantial deviation from the approved Site Plan and thus requiring further approval by the CD13 shall require an amendment to this Agreement in accordance with the procedures of the Act and the Code, as necessary and applicable. Any and all such approved and adopted amendments shall be recorded in the public records of Pinellas County, Florida. 6.1.3.2 The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation worl<, in accordance with applicable provisions of the Code and of the Florida 4 0 • Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. 6.1.3.3 The Developer shall execute, prior to commencement, a mandatory evacuation/cIosure covenant, substantially in the form of Exhibit "C", that the accommodation use will closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the Covenant of Unified Use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit "D"; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated Covenant of Unified Use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 6.1.5 Allocation of Units from Hotel Density Reserve, Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional sixty-eight (68) hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2008-12033 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the Certificate of Occupancy for the Project, the Developer hereby agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by Fl-D2008-1 2033 and by this Agreement. 5 0 9 6.1.6 Transient Use. Occupancy in the overnight accommodation units is limited to a term of less than one (1) month or thirty (30) consecutive days, whichever is less. Nothing herein shall prevent a purchaser of a fractional share unit from owning a period of time greater than thirty (30) days, provided every occupancy is limited to thirty (30) consecutive days or one (1) month. 6.2 Obligations of the City. 6.2.1 The City shall promptly process site and construction plan applications for the Property that are consistent with the Comprehensive Plan and the Concept Plan and that meet the requirements of the Code. 6.2.2 The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to: 6.2.2.1 The provisions of Chapters 163 and 166, Florida Statutes, as they may govern such amendments; and 6.2.2.2 The expiration of any appeal periods or, if an appeal is filed, at the conclusion of such appeal. 6.2.3 The Project shall receive sixty-eight (68) units from the Hotel Density Reserve as defined in Beach by Design. SECTION 7. Public Facilities to Service Development. The following public facilities are presently available to the Property from the sources indicated below. Development of the Property will be governed by the concurrency ordinance provisions applicable at the time of development approval. With respect to public infrastructure and services subject to concurrency requirements, all applicable concurrency provisions for the proposed development have been met. 7.1 Potable water is available from the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.2 Sewer service is currently provided by the City. The Developer shall be responsible for all necessary main extensions and applicable connection fees. 7.3 Fire protection from the City. 7.4 Drainage facilities for the Property will be provided by the Developer at the Developer's sole expense. 7.5 All improvements associated with the public facilities identified in Subsections 7.1 through 7.4 shall be completed prior to the issuance of any certificate of occupancy. 7.6 Transportation concurrency requirements have been met. 6 a 0 7.7 The Developer is responsible for the payment of any required impact fees. SECTION 8. Required Local Government Permits. The required local government development permits for development of the Property include, without limitation, the following: 8.1 Site plan approval(s) and associated utility licenses, access, and right-of-way utilization permits; 8.2 Construction plan approval(s); 8.3 Building permit(s); and 8.4 Certificate(s) of occupancy. SECTION 9. Consistency. The City finds that development of the Property is consistent with the terms this Agreement is consistent with the City Comprehensive Plan and the Code. SECTION 10. Termination. 10.1 If the Developer's obligations set forth in this Agreement are not followed in a timely manner, as reasonably determined by the City Manager, after notice to the Developer and an opportunity to be heard, existing permits shall be administratively suspended and issuance of new permits suspended until the Developer has fulfilled its obligations. Failure to timely fulfill its obligations may serve as a basis for termination of this Agreement by the City, at the discretion of the City and after notice to the Developer and an opportunity for the Developer to be heard. SECTION 11. Other Terms and Conditions. 11.1 Except in the case of termination, until ten (10) years after the date of this Agreement, the Property shall not be subject to down-zoning, unit density reduction, or intensity reduction, unless the City has held a public hearing and determined: H. 1. 1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 1 1.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11. 1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. Compliance with Law. The failure of this Agreement to address any particular permit:, condition, term or restriction shall not relieve the Developer from the necessity of complying with the law governing such permitting requirements, conditions, terms or restrictions. 7 a 9 SUCTION 13. Notices. Notices and communications required or desired to be given under this Agreement shall be given to the parties by hand delivery, by nationally recognized overnight courier service such as Federal Express, or by certified mail, return receipt requested, addressed as follows (copies as provided below shall be required for proper notice to be given): If to the Developer: William M. Shephard, Trustee 619 S. Gulfview Boulevard Clearwater, FL 33767 With Copy to: Harry S. Cline, Esq. Macfarlane Ferguson & McMullen Post Office Box 1669 Clearwater, FL 33757 With Copy to: Oscar I. Garcia, AIA 318 SE 8`" Street Fort Lauderdale, FL 33316 If' to City: City of Clearwater, City Attorney ATTN: Pamela Akin, Esq. 112 South Osceola Avenue Clearwater, FL 33756 Properly addressed, postage prepaid, notices or communications shall be deemed delivered and received on the day of hand delivery, the next business day after deposit with an overnight courier service for next day delivery, or on the third (3`d) day following deposit in the United States mail, certified mail, return receipt requested. The parties may change the addresses set forth above (including the addition of a mortgagee to receive copies of all notices), by notice in accordance with this Section. SECTION 14. Assil4nments. 14.1 By the Developer: 14.1.1 Prior to the Commencement Date; the Developer may sell, convey, assign or otherwise dispose of any or all of its right, title, interest and obligations in and to the Project, or any part thereof, only with the prior written notice to the City, provided that such party (hereinafter referred to as the "assignee"), to the extent of the sale, conveyance, assigmment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.1.2 If the assignee of the Developer's right, title, interest and obligations in and to the Project, or any part thereof assumes all of the Developer's obligations hereunder for the Project, or that part subject to such sale, conveyance, assignment or 8 other disposition, then the Developer shall be released from all such obligations hereunder which have been so assumed by the assignee, and the City agrees to execute an instrument evidencing such release, which shall be in recordable form. 14.1.3 An assignment of the Project, or any part thereof, by the Developer to any corporation. limited partnership, limited liability company, general partnership, or joint venture, in which the Developer (or an entity under common control with Developer) has either the controlling interest or through a joint venture or other arrangement shares equal management rights and maintains such controlling interest or equal management rights shall not be deemed an assignment or transfer subject to any restriction on or approvals of assignments or transfers imposed by this Agreement, provided, however, that notice of such assignment shall be given by the Developer to the City not less than thirty (30) days prior to such assignment being effective and the assignee shall be bound by the terms of this Agreement to the same extent as would the Developer in the absence of such assignment. 14.1.4 No assignee, purchaser, sublessee or acquirer of all or any part of the Developer's rights and obligations with respect to any one Parcel shall in any way be obligated or responsible for any of the Developer's obligations with respect to any other Parcel by virtue of this Agreement unless and until such assignee, purchaser, sublessee or acquire has expressly assumed the Developer's such other obligations. 14.1.5 Notwithstanding any other provision of this paragraph, the sale of individual Interval Ownership Units in the ordinary course of business shall not be subject to the requirements of this paragraph. 14.2 Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the City, and its successors and assigns, and the Developer and, as applicable to the parties comprising Developer, their personal representatives, trustees, heirs, successors and assigns, except as may otherwise be specifically provided herein. SECTION 15. Minor Non-Compliance. The Developer will not be deemed to have failed to comply with the terms of this Agreement in the event such noncompliance, in the judgment of the City Manager, reasonably exercised, is of a minor or inconsequential nature. SECTION 16. Covenant of Cooperation. The parties shall cooperate with and deal with each other in good faith and assist each other in the performance of the provisions of this Agreement and in achieving the completion of development of the Property. SECTION 17. Approvals. Whenever an approval or consent is required under or contemplated by this Agreement such approval or consent shall not be unreasonably withheld, delayed or conditioned. All such approvals and consents shall be requested and granted in writing. SECTION 18. Completion of Agreement. Upon the completion of performance of this Agreement or its revocation or termination, a statement evidencing such completion, revocation 9 0 0 or termination shall be signed by the parties hereto and recorded in the official records of the City. SECTION 19. Entire Agreement. This Agreement (including any and all Exhibits attached hereto all of which are a part of this Agreement to the same extent as if such Exhibits were set forth in full in the body of this Agreement), constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof. SECTION 20. Construction. The titles, captions and section numbers in this Agreement are inserted for convenient reference only and do not define or limit the scope or intent and should not be used in the interpretation of any section, subsection or provision of this Agreement. Whenever the context requires or permits, the singular shall include the plural, and plural shall include the singular and any reference in this Agreement to the Developer includes the Developer's successors or assigns. This Agreement was the production of negotiations between representatives for the City and the Developer and the language of the Agreement should be given its plain and ordinary meaning and should not be strictly construed against any party hereto based upon draftsmanship. If any term or provision of this Agreement is susceptible to more than one interpretation, one or more of which render it valid and enforceable, and one or more of which would render it invalid or unenforceable, such term or provision shall be construed in a manner that would render it valid and enforceable. SECTION 21. Partial Invalidity. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or unenforceable, the remainder of this Agreement, including any valid portion of the invalid term or provision and the application of such invalid term or provision to circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall with the remainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be applicable to the Property, and such modifications are specifically anticipated in this Agreement. SECTION 23. Governing Law. This Agreement shall be governed by, and construed in accordance with the laws of the State of Florida without regard to the conflict of laws principles of such state. SECTION 24. Counterparts. This Agreement may be executed in counterparts, all of which together shall continue one and the same instrument. SECTION 25. Amendment. This Agreement may be amended by mutual written consent of the City, the Developer, and the Association so long as the amendment meets the requirements of the Act, applicable City ordinances, and Florida law. 10 • E IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: Print Name Print Name As to "Developer" By: CITY OF CLEARWATER, FLORIDA Print Name: Print Name As to "City" Attest: WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 William B. Horne II, City Manager Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was . 2009, by WILLIAM M known to me or has [ ] produced STATE OF FLORIDA COUNTY OF PINELLAS Notary Public Print Name: My Commission Expires: The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater. Florida, who is [ ] personally known to me or who has [ ] produced as identification. • acknowledged before me this day of SHEPHARD, Trustee. He is [ ] personally as identification. Notary Public Print Name: My Commission Expires: 1? 0 0 EXH1131T "A" Legal Description of Project Site Lots 1 thru 5, Block "C", Bayside Subdivision #5, according to the map or plat thereof as recorded in Plat Book 38, Pages 38 and 39, Public Records of Pinellas County, Florida, and begin at the northwesterly corner of Lot 1, Block "C", Bayside Subdivision #5, as recorded in Plat Book 38, Pages 38 and 39, of the Public Records of Pinellas County, Florida; thence N 54025130" W., 65.14 feet along the southerly line of Gulf Boulevard; thence S 12040100" W., and parallel to the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, a distance boundary of 286 feet to the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or less to the intersection of the shore line of Clearwater Bay and the westerly boundary line of said Lot 1, Block "C", Bayside Subdivision #5, thence N 12040100" E., along the westerly boundary of the said Lot 1, Block "C", Bayside Subdivision #5, 295 feet more or less to the Point of Beginning, Section 17, Township 29 South, Range 15 East, Pinellas County, Florida. 13 0 0 EXHIBIT "B" Site Plan, Elevations and Floor Plans 14 0 0 EXHIBIT "C" COVENANT REGARDING HURRICANE EVACUATION And DEVELOPMENT, USE AND OPERATION DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION OF COVENANTS AND RESTRICTIONS ("Declaration") is made as of the day of 2009, by WILLIAM M. SHEPHARD, Trustee U/A/D 2/29/84 ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 -attached hereto and made a part hereof (hereinaf_ter.,. _the. _(" _ e.aL_Px_operxy_')...- _The City of Clearwater, Florida (the "City"), has amended it's Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of Beach by Design, a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-size quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution passed and approved on , 20_, Developer's application for Hotel Density Reserve Units pursuant to the Designation, subject to Developer's compliance with the requirements of the Designation. Developer desires for itself, and its successors and assigns, as owner, to establish certain rights, duties, obligations and responsibilities with respect to the use and operation of the Real Property in accordance with the terms and conditions of the allocation of the Hotel Density Reserve Units to the City and the Designation, which rights, duties, obligations and responsibilities shall be binding on any and all successors and assigns and will rim with the title to the Real Property. THI-REFORE. in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 15 0 0 I . 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 sixty-eight (68) units, which is the number of hotel units allocated to Developer, shall be used solely for transient occupancy of one month or thirty (30) consecutive days or less, must be licensed as a public lodging estab-l-i-s-hment-anchelas-si-fed-as-a-hotel, and-must-be operated-by a single licensed operator of the hotel. No such hotel unit shall be used as a primary or permanent residence. 2.1.2 All other units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort. shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 16 0 0 5 Recording. This Declaration shall be recorded in the chain of title of the Real Property with the Clerk of the Courts of Pinellas County, Florida. 6 Attorneys' Fees. Developer shall reimburse the City for any expenses, including reasonable attorneys' fees, which are incurred by the City in the event that the City determines that it is necessary and appropriate to seek judicial enforcement of this Declaration and the City obtains relief, whether by agreement of the parties or through order of a court of competent jurisdiction. 7 Severability. If any provision, or part thereof, of this Declaration or the application 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 , 2009. In the Presence of: Print Name Print Name As to "Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA By: William B. Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk 17 0 r Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this 2009, by WILLIAM M. SHEPHARD, Trustee. known to me or has [ ] produced Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, 11, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: day of He is [ ] personally as identification. 18 17? EXHII3IT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: COVENANT OF UNIFIED USE L' TINS _COVENANT OF UNIFIED USE_(tlie_"Agreement") is executed this day of , 2009, by ("Developer"). WITNESSETH: WHEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEREAS, Developer and the City of Clearwater, Florida (the "City") are parties to that certain Development Agreement dated , 2009 (the "Development Agreement"), pursuant to which the City has agreed that Developer may develop and construct upon the Real Property a hotel project as described in the Development Agreement (the "Project"); and WHEREAS, Developer intends to develop and operate the Real Property for a unified use, as more particularly described in this Agreement. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer does hereby agree that, effective as of the date on which Developer receives all permits required to construct the Project and Developer commences construction thereof, as evidenced by a Notice of Commencement for the Project, the Real Property shall be developed and operated as a hotel and fractional share/interval ownership project, as described in the Development Agreement. The restrictions set forth in the preceding sentence shall expire automatically when and if Developer's allocation of additional hotel units (as defined in the Development Agreement) expires or is terminated. Nothing in this Agreement shall require Developer to develop the Project or restrict Developer's ability to sell, assign, transfer or otherwise convey its right in and to the Real Property or any portion or portions thereof to unrelated third-parties. Further, nothing in this Agreement shall preclude the purchase and sale of one or more Fractional Share Units to be constructed as a part of the Project (the "Fractional Ownership") (or Hotel Units (as defined in the Development Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a 19 0 0 single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all Fractional Share Units may be operated by a different, single management firm/operator. IN WITNESS WHEREOF, Developer has caused this Agreement to be executed this day of , 2009. In the Presence of: P_r_int Name. Print Name As to "Developer" Print Name: Print Name As to "City" CITY OF CLEARWATER, FLORIDA By: William B, Horne, II, City Manager Attest: Cynthia E. Goudeau, City Clerk Countersigned: Frank V. Hibbard, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney 20 • STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before , 2009, by WILLIAM M. SHEPHARD, Trustee. to me or has [ ] produced Notary Public Print Name: My Commission Expires: STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2009, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public Print Name: My Commission Expires: H:\HSC\S I I I:PI I,NR D\DevelopmemAgmt.11-1 1'09.doc r: me this day of He is [ ] personally known as identification. 21 Wells, Wayne From: Wells, Wayne Sent: Thursday, December 17, 2009 11:13 AM To: Delk, Michael Subject: Shephards Michael - Both the FLD and DVA applications for Shephards were on the Consent portion of the November 17, 2009, CDB agenda and were approved (for the FLD) or recommended for approval to City Council (for the DVA). There was no one that spoke to either application. 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 1 • Wells, Wayne E From: Dougall-Sides, Leslie Sent: Thursday, December 17, 2009 9:29 AM To: Wells, Wayne; Hollander, Gwen Subject: RE: Shephard's DVA The pdf format doesn't allow changes so I'll need a Word version. As I told Pam, I checked with ORLS and they did not detect a consensus to make the change. So I have posed it as a possible amendment. I'll go ahead and have an amended version ready. But of course the language could change again tonight! From: Wells, Wayne Sent: Thursday, December 17, 2009 9:22 AM To: Dougall-Sides, Leslie; Hollander, Gwen Subject: Shephard's DVA Attached is the DVA sent to City Council (2 parts). These are PDFs, so hopefully you can work with it. If it doesn't work, you might need to contact Kathy O'Hearn with Harry Cline's office (KOH@macfar.com) to get it in a Word document. 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 - Exhibit B 11.24.09 - Sent to CC.pdf >> << File: Development Agreement except Exhibit B 11.24.09 - Sent to CC.pdf >> 1 Wells, Wayne From: Dougall-Sides, Leslie Sent: Thursday, December 17, 2009 9:07 AM To: Akin, Pam Cc: Goudeau, Cyndie; Delk, Michael; Wells, Wayne; Call, Rosemarie Subject: GM08-921613-016: Possible Amendment to Shephard's DVA--Tonight's Agenda Item 7.5 Importance: High Attached is language for a possible amendment to the Shephard's DVA regarding outdoor music/sound. I added "sound" because you could have, for instance, a contest with MC which would not be music but would be equally loud. I have limited it to amplified music/sound as that seemed to be the intent. The hours language is somewhat cumbersome but attempts to shorten it led to ambiguity. Shephard's Possible Amen Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional. in Human Resources Possible Amendment to Agenda Item 7.5, Resolution 09-03, DVA2008-00002, Shephard's Development Agreement: Under Section 6.1, Obligations of the Developer, 6.1.3, The following restrictions shall apply to development of the Property-- Add Section 6.1.3.4: There shall be no live or recorded amplified outdoor music, or other live or recorded amplified outdoor sound, generated on the Property from 11:00 p.m. Sunday through 8:00 a.m. Monday, 11:00 p.m. Monday through 8:00 a.m. Tuesday, 11:00 p.m. Tuesday through 8:00 a.m. Wednesday, 11:00 p.m. Wednesday through 8:00 a.m. Thursday, 11:00 p.m. Thursday through 8:00 a.m. Friday, 12:00 a.m. through 8;00 a.m. Saturday, and 12:00 a.m. through 8:00 a.m. Sunday. i • Resolution No. 09-03 - Case No. DVA2008-00002 - 619 S. Gulfview Boulevard SUBJECT/RECOMMENDATION APPROVAL of a Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater, providing for the allocation of 68 units from the Hotel Density Reserve established in Beach by Design and adopt Resolution No. 09-03. SUMMARY: ¦ The 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open Space/Recreation District) is located on the south side of S. Gulfview Boulevard approximately 600 feet east of Hamden Drive. ¦ The site is comprised of two parcels. The subject property is currently developed with a 96-unit hotel/motel. There is approximately 16,224 square feet of existing accessory uses. ¦ The proposal is for an overnight accommodation use of a total of 186 ?units (78.48 units/acre on lot acreage zoned Tourist (T) District, including the allocation of 68 units from the Hotel Density Reserve) and approximately 37,647 square feet of accessory uses to the hotel at a height of 134 feet (to flat roof deck). ¦ On November 17, 2009, the Community Development Board (CDB) approved with 14 conditions of approval a Flexible Development application for the construction of a 186- unit hotel with associated amenities (FLD2008-12033). 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, meets the criteria for the allocation of units from the Hotel Density;Reserve under Beach by Design and includes the following main provisions: . ? Provides for the allocation of 68 units from the Hotel Density Reserve; ? Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ? Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ? For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and ? Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board reviewed this Development Agreement application at its public hearing on November 17, 2009, and unanimously recommended approval of the application (DVA2008-00002). S:IPlanning DepartmentlCD BIFLEX (FLD)IPending casesl Upfor the next CDBIDVA2008-00002 - Gulfview S 0619 Shephards (T) 2009.xx - 12.17.09 CC - WWIGulfview S 0619 DVA Summaryfor 12.17.09 CC.doc A 0 0 RESOLUTION NO. 09-03 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CLEARWATER AND WILLIAM M. SHEPHARD, TRUSTEE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is desirous of entering into a development agreement with William M. Shephard, Trustee; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Development Agreement between the City of Clearwater and William M. Shephard, Trustee, a copy of which is attached as Exhibit "A," is hereby approved. Section 2. This resolution shall take effect immediately upon adoption..- PASSED AND ADOPTED this day of Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Frank V. Hibbard Mayor Attest: 2009. Cynthia E. Goudeau City Clerk Resolution No. 09-03 0 0 Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, November 30, 2009 12:18 PM To: Wells, Wayne; Hollander, Gwen Cc: Clayton, Gina; Kurleman, Scott Subject: LT09-1420-051: RE: Resolutions for DVAs Gwen is out today. Attached are Resolution Nos.: 09-03=DVA2008-00002; 09-04=DVA2008-00003; 09-38=DVA2009-00002; and 09- 39=DVA2009-00003. r7pi 09-03.doc 09-04.doc 09-38.doc 09-39.doc From: Wells, Wayne Sent: Monday, November 30, 2009 9:04 AM To: Hollander, Gwen Cc: 'Dougall-Sides, Leslie; Clayton, Gina; Kurleman, Scott Subject: Resolutions for DVAs Gwen - Later today we intend to upload to the December 17, 2009, City Council agenda the following Development Agreements: 1. DVA2008-00003 - 20 Kendall Street (Scott Kurleman); 2. DVA2008-00002 - 619 S. Gulfview Boulevard (Wayne Wells); 3. DVA2009-00002 - 300 Hamden Drive (Wayne Wells); and 4. DVA2009-00003 - 316 Hamden Drive (Wayne Wells). Could you please confirm that Leslie has prepared the Resolutions for such and then send me a copy of such? We also need to confirm the Resolution numbers so we can add into our information. 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 0 0 ?' CDB Meeting Date: November 17, 2009 Case Number: DVA2008-00002 (Related to FLD2008-12033) Agenda Item: E.3. (Related to D.4.) Owner/Applicant: William M. Shephard, Trustee Representative: Harry S. Cline, Esq., MacFarlane Ferguson & McMullen Address: 619 S. Gulfview Boulevard CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: C R. A i.. REQUEST: Review of, and recommendation to the City Council, of a Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater, providing for the allocation of units from the Hotel Density Reserve under Beach by Design. CURRENT ZONING: Tourist (T) District CURRENT FUTURE Resort Facilities High (RFH) LAND USE CATEGORY: BEACH BY DESIGN South Beach/Clearwater Pass CHARACTER DISTRICT: PROPERTY USE: Current Use: 96-room motel Proposed Use: Overnight accommodation use of a total of 186 rooms (78.48 rooms/acre on lot acreage zoned Tourist (T) District, including the allocation of 68 units from the Hotel Density Reserve) and approximately 37,647 square feet of accessory uses to the hotel at a height of 134 feet (to flat roof deck) EXISTING North: Tourist (T) District SURROUNDING Automobile service station and Attached dwellings ZONING AND USES: South: Preservation (P) District Gulf of Mexico East: Tourist (T) District Overnight accommodations West: Tourist (T) District Overnight accommodations Community Development Board - November 17, 2009 DVA2008-00002 - Page 1 of 4 • • ANALYSIS: Site Location and Existing Conditions: The 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open Space/Recreation) is located on the south side of S. Gulfview Boulevard approximately 600 feet east of Hamden Drive. The subject property is currently developed with a 96-room motel. Development Proposal: The development proposal includes a companion Flexible Development application (FLD2008- 12033) to permit an overnight accommodation use of a total of 186 rooms (78.48 rooms/acre on lot acreage zoned Tourist (T) District, including the allocation of 68 units from the Hotel Density Reserve) and approximately 37,647 square feet of accessory uses to the hotel at a height of 134 feet (to flat roof deck). There are 384 parking spaces proposed on this site within an existing parking garage and a new parking garage as part of a new building. There will be a total of 314 striped parking spaces and 68 overflow spaces. Self-parking will be allowed only in the existing garage by hotel guests; otherwise, parking will be valet-only. Development Agreement: The Development Agreement is a requirement for the allocation of hotel units from the Hotel Density Reserve, adopted as an amendment to Beach by Design under Ordinance 7925-08 on July 17, 2008. A total of 1,385 hotel rooms are available under the Hotel Density Reserve and this proposal requests the allocation of 68 units from it. The City has established the Development Agreement format as a means to facilitate the allocation of the units and to set forth appropriate provisions related to the development of the property. The proposed Development Agreement will be in effect for a period not to exceed ten (10) years, meets the criteria for the allocation of units from the Hotel Density Reserve under Beach by Design and includes the following main provisions: ? Provides for the allocation of 68 units from the Hotel Density Reserve; ? Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; ? Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ? For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and ? Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board (CDB) has been provided with the most recent Development Agreement. Community Development Board - November 17, 2009 DVA2008-00002 - Page 2 of 4 0 0 The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at their meetings of January 8, May 7, and October 1, 2009, and deemed the development proposal to be legally sufficient to move forward to the Community Development Board (CDB), based upon the following findings of fact and conclusions of law: Findings of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code (CDC), finds that there is substantial competent evidence to support the following findings of fact: 1. That the 2.689 total acres (2.37 acres zoned Tourist District; 0.319 acres zoned Open Space/Recreation) is located on the south side of S. Gulfview Boulevard approximately 600 feet east of Hamden Drive; 2. That the property is located within the Tourist (T) and Open Space/Recreation (OS/R) Districts and the Resort Facilities High (RFH) Future Land Use Plan category; and 3. That the development proposal is subject to the requirements of Beach by Design, the Design Guidelines contained therein as the property is located within the Small Motel character district and the criteria for allocation of units from the Hotel Density Reserve. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: 1. That the Development Agreement implements and formalizes the requirements for the construction of on-site and off-site improvements under the related site plan proposal (FLD2008-12033); 2. That the Development Agreement complies with the standards and criteria of CDC Section 4- 606; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the South Beach/Clearwater Pass character district; and 5. That the Development Agreement complies with the criteria in Beach by Design for the allocation of units from the Hotel Density Reserve. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater, providing for the Community Development Board - November 17, 2009 DVA2008-00002 - Page 3 of 4 • 0 allocation of units from the Hotel Density Reserve under Beach by Design, for the property at 619 S. Gulfview Boulevard. Prepared by Planning and Development Department Staff: /014 r1t Wayne M. ells, AICP, Planner III ATTACHMENTS: ? Development Agreement with Exhibits ? Location Map ? Aerial Map ? Future Land Use Map ? Zoning Map S. (Planning DepartmentlC D BIFLEX (FLD)Wending casesl Up for the next CDBIDVA2008-00002 - Gulfview S 0619 Shephards - 11. 17.09 CDB - WWIGulfiiew S 0619 DVA Staff Report for 11. 17.09 CDB.doc Community Development Board - November 17, 2009 DVA2008-00002 - Page 4 of 4 t?'`catiAL? a?R`: 9 Legal Condition .Conditions Associated Wit* DVA2008-00002 619 S GULFVIEW BLVD Wayne Wells, AICP 01/05/2009 9/30/09 & 1/5/09 - WW Not Met Add height and density/intensity calculations to Recital D. (Leslie Dougall-Sides) 05/06/2009 10/26/09 - WW Not Met Legal description different than that indicated on the survey. Revise and insert into the Exhibits listed below. 9/30/09 & 5/6/09 - WW Legal Description needs to be filled in on Exhibits "A", "C" [Schedule 1], and "D" [Schedule A] (L. Dougall-Sides). Zoning Condition Wayne Wells,_AICP 727-562-4504 727-562-4504 01/05/2009 10/26/09 - WW Not Met Page 1 of the application needs to reflect both parcel numbers, consistent with the FLD application. 9/30/09 - WW As of 9/27/09,*the Property Appraiser still shows two parcels for this overall property (Parcel- Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100); however, both parcels now. reflect the same owner. Unless they are combined into one parcel number prior to resubmitting for CDB review, the application and Development Agreement need to be revised to reflect both. parcel numbers. 5/3/09 - WW Information below is still applicable. Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100. 1/5/09 - WW Overall property has two parcel numbers, owned by two entities (William M. Shephard, Trustee and Shephard's Beach Resort, Inc. [formerly Lagoon Resort Motel]). Application only lists one parcel number and one owner's name). Need to amend application and the Development Agreement to indicate both. However, the property line between these two parcels goes directly through the existing building and parking garage to remain. As stated in another Planning, , ., comment for the FLD case, a Unity of Title will be required to be recorded. Unclear why there isn't just one owner and one parcel number, especially given where the parcel lines are located. Need to get this under one ownership and one parcel number. 05/03/2009 10/26/09 - WW Not Met Replace in the fourth line "quality, family friendly beach community" with "quality, family resort community". 9/30/09 & 5/3/09 - WW Page 1 - 4th WHEREAS - a. First line - Italicize Beach by Design. b. Replace this entire paragraph with: "WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects;" 05/03/2009 10/26/09 - WW Not Met I apologize. Please replace this Section 6.1.4 with the following (underline the "Covenant of Unified Use" title in the first line): 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit D; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Print Date: 11/05/2009 CaseConditons Page 1 of 2 % DVA2008-00002 619 S GULFVIEW BLVD Zoning Condition Wayne Wells, AICP 727-562-4504 Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. 9/30/09 & 5/3/09 - WW Page 4 - Section 6.1.4 - Replace entire paragraph with the following: "Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project; the form of which' Declaration of Unity of Title is attached as Exhibit "D". It i' understood `and .agreed that, in the event that the Developer enters into the anticipated Declaration!of Unity of Title, and the Developer elects not to construct the Project and notifies the City of-its,election;in writing, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida..-Alternatively, ; as of the date of,expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records-of. Piriella,s County, Florida." 05/03/2009 10/26/09 - WW Not Met apologize. Go back to Covenant of Unified Use:. Can provide Exhibit D separately.-. 9/30/0.9 & 5/3/09 -.WW Replace existing Exhibit D with a new Exhibit D - Declaration of Unity of Title (Condominiums) Modify as appropriate for "Fractional Share Units". Form is available from the Planning Department and can be sent electronically for incorporation and appropriate modification for Fractional Share Units into the Agreement. 05/03/2009 10/26/09 - WW Not Met Page 5 - Section 6.2.2 - The second line should read: "Section 6.2.1 is subject to:".. Delete the rest of this line. 9/30/09 & 5/3/09 - WW Page 5 - Section 6.2.2 - Revise entire paragraph with the following: "The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to:". 09/30/2009 Provide an electronic version of the most recent revised version of the proposed Development Not Met Agreement. 10/26/2009 Section 4.2 - Per the engineering and architectural plans, there are the following number of Not Met spaces: Existing garage: 191 striped + 1 handicap space + 28 overflow = 220; Proposed garage: 123 striped + 1 handicap + 40 overflow = 164; Grand total: 314 striped + 2 handicap + 68 overflow = 384. Revise. 10/26/2009 Exhibit C - Revise for the following: Not Met a. Paragraph 2 - Line 2 - Remove the ( before "Real Property", as this beginning parenthesis is unnecessary; and b. Section 2. 1.1 - Revise "one hundred (100)" to "sixty-eight (68)". Print Date: 11/05/2009 CaseConditons Page 2 of 2 /a, f J e-S rr i v? o r- ?6vi s4e P- 1?? - ? --- HA.6L. . ?Ce4-t ? 0YV 0-1- CA-1- C\- EXHIBIT "A" LEGAL DESCRIPTION ID) 2-7 / 0 9 LEGAL DESCRIPTION: (provided by client) n 7 ? G? rin ip zr I ry ^F A parcel of land in Section 17, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: From the Northwesterly corner of Lot 1, Block C of BAYSIDE SUBDIVISION No. 5, as recorded in Plat Book 38, Page 38 of the Public Records of Pinellas County, Florida; thence run N54°25'30"W, 65.14 feet along the Southerly line of Gulfview Boulevard for a POINT OF BEGINNING; thence continue N54°25'30"W along said Southerly line of Gulfview Boulevard, 467.74 feet to the Northeasterly corner of Lot 43 in LLOYD-WHITE-SKINNER SUBDIVISION as recorded in Plat Book 13, Page 12 of the Public Records of Pinellas County, Florida; thence run S35°34'30"W, 400.00 feet to the bulkhead line; thence S54°25'30"E, 316.13 feet; thence along a curve to the left, radius 534.30 feet, arc 213.63 feet, chord bearing S65°52'45"E, chord 212.21 feet; thence S77°20'00"E, 87.38 feet; thence N12°40'00"E, 351.56 feet to the POINT OF BEGINNING. L? r-. 6.:r . o Conditions Associated Witt DVA2008-00002 t *^ ?y, 619 S GULFVIEW BLVD Legal Condition Wayne Wells, AICP 727-562-4504 01/05/2009 9/30/09 & 1/5/09 - WW Not Met Add height and density/intensity calculations to Recital D. (Leslie Dougall-Sides) 05/06/2009 10/26/09 - WW Not Met Legal description different than that indicated on the survey. Revise and insert into the Exhibits listed below. 9/30/09 & 5/6/09 - WW Legal Description needs to be filled in on Exhibits "A", "C" [Schedule 1], and "D" [Schedule A] (L. Dougall-Sides). Zoning Condition Wayne Wells, AICP 727-562-4504 01/05/2009 10/26/09 - WW Not Met Page 1 of the application needs to reflect both parcel numbers, consistent with the FLD application. 9/30/09 - WW As of 9/27/09, the Property Appraiser still shows two parcels for this overall property (Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100); however, both parcels now reflect the same owner. Unless they are combined into one parcel number prior to resubmitting for CDB review, the application and Development Agreement need to be revised to reflect both parcel numbers. 5/3/09 - WW Information below is still. applicable. Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100. 1/5/09 - WW Overall property has two parcel numbers, owned by two entities (William M. Shephard, Trustee and Shephard's Beach Resort, Inc. [formerly Lagoon Resort Motel]). Application only lists one parcel number and one owner's name). Need to amend application and the Development Agreement to indicate both. However, the property line between these two parcels goes directly through the existing building and parking garage to remain. As stated in another Planning comment for the FLD case, a Unity of Title will be required to be recorded. Unclear why there isn't just one owner and one parcel number, especially given where the parcel lines are located. Need to get this under one ownership and one parcel number. 05/03/2009 10/26/09 - WW Not Met Replace in the fourth line "quality, family friendly beach community" with "quality, family resort community". 9/30/09 & 5/3/09 - WW Page 1 - 4th WHEREAS - a. First line - Italicize Beach by Design. b. Replace this entire paragraph with: "WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects;" 05/03/2009 10/26/09 - WW Not Met apologize. Please replace this Section 6.1.4 with the following (underline the "Covenant of Unified Use" title in the first line): 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute the covenant of unified use and development for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which covenant is attached as Exhibit D; provided however, that nothing shall preclude the Developer from selling the Fractional Share Units, or from selling all or a portion of the Print Date: 10/26/2009 Ca seConditons Page 1 of 2 DVA2008-00002 619 S GULFVIEW BLVD • Zoning Condition Wayne Wells, AICP 727-562-4504 Developer's Property in the event that Developer determines not to construct the Project. Additionally, prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is available from the City Planning Department. It is understood and agreed that, in the event that the Developer enters into the anticipated covenant of unified use and development, and the Developer elects not to construct the Project and notifies the City of its election in writing, and, alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such covenant of unified use and development suitable for recording in the Public Records of Pinellas County, Florida. Additionally, the City shall execute and deliver to the Developer a Release of Unity of Title suitable for recording in the, Public.,, Records of•Pinellas County, Florida. 9/30/09 & 5/3/09 - WW Page 4 - Section 6.1.4 - Replace entire paragraph with the following: "Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project. Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is attached as Exhibit "D". It is understood and agreed that, in the event that the Developer enters into the anticipated Declaration of Unity of Title, and the Developer elects•not to construct the Project and notifies the City of its election in writing, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. Alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the. Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a - termination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida." 05/03/2009 10/26/09 - WW apologize. Go back to Covenant of Unified Use. Can provide Exhibit D separately. 9/30/09 & 5/3/09 - W W Replace existing Exhibit D with a new Exhibit D - Declaration of Unity of Title (Condominiums) Modify as appropriate for "Fractional Share Units". Form is available from the Planning Department and can be sent electronically for incorporation and appropriate modification for Fractional Share Units into the Agreement. 05/03/2009 10/26/09 - WW Not Met Page 5 - Section 6.2.2 - The second line should read: "Section 6.2.1 is subject to:". Delete the rest of this line. 9/30/09 & 5/3/09 - WW Page 5 - Section 6.2.2 - Revise entire paragraph with the following: "The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to:". 09/30/2009 Provide an electronic version of the most recent revised version of the proposed Development Not Met Agreement. 10/26/2009 Section 4.2 - Per the engineering and architectural plans, there are the following number of Not Met spaces: Existing garage: 191 striped + 1 handicap space + 28 overflow = 220; Proposed garage: 123 striped + 1 handicap + 40 overflow = 164; Grand total: 314 striped + 2 handicap + 68 overflow = 384. Revise. 10/26/2009 Exhibit C - Revise for the following: Not Met a. Paragraph 2 - Line 2 - Remove the ( before "Real Property", as this beginning parenthesis is unnecessary; and b. Section 2.1.1 - Revise "one hundred (100)" to "sixty-eight (68)". Print Date: 10/26/2009 CaseConditons Page 2 of 2 0 0 Wells, Wayne From: Doherty, Steve Sent: Thursday, October 22, 2009 2:28 PM To: Watkins, Sherry; DRC Members Subject: RE: RESUBMITTALS FOR THE NOVEMBER CDB MEETING Attachments: image002.gif Please see review status of items below in red. FLD2009-09035 O.K. and PLT2009-00002 Gen. Engineering condition NOT MET 109 S McMullen Booth Road DR12009-00001 O.K. 430 Park Place Blvd FLD2009-09036 DOCK O.K. 300 Hamden Drive FLD2009-08026 O.K. and DVA2009-00002 O.K. 300 Hamden Drive "A" FLD2009-08027 O.K. and DVA2009-00003 O.K. 316 Hamden Drive "B" FLD2009-09033 1225 S Highland Avenue O.K. FLD2009-08030 900 N Osceola Ave O.K. FLD2009-12033 619 S Gulfview Blvd Stormwater Pre CDB conditions NOT MET From: Watkins, Sherry Sent: Monday, October 19, 2009 8:13 AM To: DRC Members Subject: RESUBMITTALS FOR THE NOVEMBER CDB MEETING DRC Members, Plans for the following cases have been resubmitted for the November 17, 2009 CDB meeting: FLD2009-09035 and PLT2009-00002 109 S McMullen Booth Road DR12009-00001 430 Park Place Blvd FLD2009-09036 DOCK 300 Hamden Drive FLD2009-08026 and DVA2009-00002 300 Hamden Drive "A" FLD2009-08027 and DVA2009-00003 316 Hamden Drive "B" FLD2009-09033 1225 S Highland Avenue FLD2009-08030 900 N Osceola Ave FLD2009-12033 619 S Gulfview Blvd 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 aff irm to me via email. Please have cases reviewed, if possible by 12PM, October 22, 2009 Sherry Watkins Administrative Analyst Planning Department 727-562-4582 Sherry Watkins Administrative Analyst Planning and Development Department 727-562-4582 1 0 0 Wells, Wayne From: Watkins, Sherry Sent: Monday, October 19, 2009 8:13 AM To: DRC Members Subject: RESUBMITTALS FOR THE NOVEMBER CDB MEETING Attachments: image001.gif DRC Members, Plans for the following cases have been resubmitted for the November 17, 2009 CDB meeting: FLD2009-09035 and PLT2009-00002 109 S McMullen Booth Road DR12009-00001 430 Park Place Blvd FLD2009-09036 DOCK 300 Hamden Drive FLD2009-08026 and DVA2009-00002 300 Hamden Drive "A" FLD2009-08027 and DVA2009-00003 316 Hamden Drive "B" FLD2009-09033 1225 S Highland Avenue FLD2009-08030 900 N Osceola Ave FLD2009-12033 619 S Gulfview Blvd 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 12PM, October 22, 2009 Sherry Watkins Administrative Analyst Planning Department 727-562-4582 Sherry Watkins Administrative Analyst Planning and Development Department 727-552-4582 0 0 DVA2008-00002 - DRC Attendees First DRC: January 8, 2009 City: Wayne Wells, Robert Tefft, Scott Rice, Steve Doherty, Jim Keller, Mark Beery Applicant: Keith Zayac, Joe Burdette, Harry Cline, Robert Pergolizzi, Oscar Garcia, Daniel Knopman Second DRC: May 7, 2009 City: Wayne Wells, Scott Rice, Jim Keller Applicant: Keith Zayac, Joe Burdette, Daniel Knopman, Paul Andrews, M. Foley, C. Jeobalo Third DRC: October 1, 2009 City: Wayne Wells, Robert Tefft, Scott Rice, Steve Doherty, Eliott Shoberg, Jim Keller, Leslie Dougall-Sides Applicant: Richard Marcel, Alex Azan, Joe Burdette, Daniel Knopman, Paul Andrews +' t 2•'00 pm Case Number: DVA2008-00-- 619 S GULFVIEW BLVD S plev*41 Owner(s): Shephard, William M Tre C/O Easley Mccaleb & Assoc Clearwater, Fl 33767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Harry Cline 04m* Po Box 1669 Clearwater, F133757 TELEPHONE: 727-441-8966, FAX: 727-442-8470, E-MAIL: hsc@clw.macfar.com Location: 2.68 TOTAL ACRES (2.35 ACRES ZONED TOURIST DISTRICT; 0.33 ACRES ZONED OPEN SPACE/RECREATION) LOCATED ON THE SOUTH SIDE OF S. GULFVIEW BOULEVARD APPROXIMATELY 600 FEET EAST OF HAMDEN DRIVE. Atlas Page: 285A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of a Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater. (Related to FLD2008-12033) Proposed..Use: Overnight accommodations Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Beach Association Association(s): TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne Wells, Planner III Attendees Included: SEE CASE FILE FOR DRC ATTENDEES FOR 1/8/09, 5/7/09 AND,10/:1/09 The DRC reviewed this application with the following comments: General Engineering: . ,., ,, .. , I . ' No issues. i. Environmental: I . No issues. Fire: 1 . No issues. Harbor Master: 1 . No issues. Legal: 1 . 9/30/09 & 1/5/09 - WW Add height and density/intensity calculations to Recital D. (Leslie Dougall-Sides) 2. 9/30/09 & 5/6/09 - WW Legal Description needs to be filled in on Exhibits "A", "C" [Schedule 1], and "D" [Schedule A] (L. Dougall-Sides). Land Resources: No Comments Landscaping: 1 . No issues. Parks and Recreation: No Comments Stormwater: 1 . No issues. Solid Waste: I . No issues. Traffic Engineering: 1 . No issues. Development Review Agenda - Thursday, October 1, 2009 - Page 50 DRC Action Agmda 1.1 • • • Planning: 1 . 9/30/09 - WW As of 9/27/09, the Property Appraiser still shows two parcels for this overall property (Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100); however, both parcels now reflect the same owner. Unless they are combined into one parcel number prior to resubmitting for CDB review, the application and Development Agreement need to be revised to reflect both parcel numbers. 5/3/09 - WW Information below is still applicable. Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100. 1/5/09 - WW Overall property has two parcel numbers, owned by two entities (William M. Shephard, Trustee and Shephard's Beach Resort, Inc. [formerly Lagoon Resort Motel]). Application only lists one parcel number and one owner's name). Need to amend application and the Development Agreement to indicate both. However, the property line between these two parcels goes directly through the existing building and parking garage to remain. As stated in another Planning comment for the FLD case, a Unity of Title will be required to be recorded. Unclear why there isn't just one owner and one parcel number, especially given where the parcel lines are located. Need to get this under one ownership and one parcel number. 2. 9/30/09 & 5/3/09 - WW Page 1 - 4th WHEREAS - a. First line - Italicize Beach by Design. b. Replace this entire paragraph with: "WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel- units, ("Hotel Density Reserve") to be made available for such mid-sized hotel projects;" 3 . 9/30/09 & 5/3/09 - WW Page 2, 5th WHEREAS Last line - Italicize Beach by Design. 4. 9/30/09 & 5/3/09 - WW . - ,. Page 2 - Statement of Agreement - Underline this title. . 5 . 9/30/09 & 5/3/09 - WW Page 2 - Section 3.1 - The property has two land use designations and zoning districts: Land use: Resort Facilities High (RFH) and Preservation (P); Zoning: Tourist (T) and Open Space/Recreation (OS/R) Districts. Revise. 6. 9/30/09 & 5/3/09 - WW Page 2 - Section 3.2 - Line 1 - Remove the phrase (if not applicable) "or under contract to be owned". If there is a contract to purchase the property, revise this paragraph to the following: "The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. Such contract is evidenced by the affidavit attached as Exhibit and contingent upon the passage of this Agreement." 7. 9/30/09 & 5/3/09 - WW Page 3 - Section 4.3 - a. Line 2 - Italicize Beach by Design; and b. Line 2 - Unclear of language "except as otherwise shown on Exhibit "B" ". What is inconsistent with Beach by Design? 8 . 9/30/09 & 5/3/09 - WW Page 3 - Add a new Section 4.5 to read "The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities." 9. 9/30/09 & 5/3/09 - WW Page 3 - Section 5.1 - Revise the last line from "4606G. 2." " to "4-606.G.2. ". 10. 9/30/09 & 5/3/09 - WW Page 4 - Section 6.1.3.1 - Line 4 - Revise case number "2009- " to "FLD2008-12033". Development Review Agenda - Thursday, October 1, 2009 - Page 51 DRC Action Agmda I.I 11 . 9/30/09 & 5/3/09 W 0 Page 4 - Section 6.1.4 - Replace entire paragraph with the following: "Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is attached as Exhibit "D". It is understood and agreed that, in the event that the Developer enters into the anticipated Declaration of Unity of Title, and the Developer elects not to construct the Project and notifies the City of its election in writing, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. Alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida." 12. 9/30/09 & 5/3/09 - WW Replace existing Exhibit D with a new Exhibit D - Declaration of Unity of Title (Condominiums) - Modify as appropriate for "Fractional Share Units". Form is available from the Planning Department and can be sent electronically for incorporation and appropriate modification for Fractional Share Units into the Agreement. 13 . 9/30/09- WW Changes requested below made, but italicize "Beach by Design" on Line 11. 5/3/09 - WW Page 5 - Section 6.1.5 - Replace entire paragraph with the following: "Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve. an additional 100 hotel units to the Project site in accordance with applicable law. In the event ,this Agreement is terminated pursuant to Section 10 of this Agreement; -or if:any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2008-12033 and in accordance with Paragraph 6.1.3.2, or if any units _or the.Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City.of.Clearwater Ordinance No. 7925-08, said units, shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design.. Prior to the issuance of the certificate of occupancy for the Project, the-Developer hereby agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2008-12033 and by this Agreement." Underline the first sentence that acts as the title. Italicize Beach by Design. 14. 9/30/09 & 5/3/09 - WW Page 5 - Section 6.1.6 - Remove from second line the phrase "from the hotel density". 15. 9/30/09 & 5/3/09 - WW Page 5 - Section 6.2.2 - Revise entire paragraph with the following: "The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to:". 16. 9/30/09 - WW Page 5 - Section 6.2.3 - Second Line - Italicize Beach by Design. 5/3/09 - WW Page 5 - Section 6.2.3 - Second Line - a. Italicize Beach by Design; and b. Revise "and eight (8) units from TDRs" to "and five (5) dwelling units acquired through TDRs converted to eight (8) hotel units". 17. 9/30/09 - WW Now Page 6 - Comment below still applicable. 5/3/09 - WW Page 5 - Section 7 - Line 4 - Remove the phrase "transportation and other". 18. 9/30/09 & 5/3/09 - WW Page 6 - Add the following new Sections: 7.5 Transportation concurrency requirements have been met. 7.7 The Developer is responsible for the payment of any required impact fees. 19. 9/30/09 & 5/3/09 - WW Page 6 - Renumber Section 7.5 to Section 7.6. Development Review Agenda - Thursday, October 1, 2009 - Page 52 DRC A<lio, Agmda I.I 20. 9/30/09 & 5/3/09 W 41 Page 6 - Section 11.1 - Line 1 - Revise "twenty (20)" to "ten (10)". 21. 9/30/09 & 5/3/09 - WW Page 7 - Section 13 - Paragraph 6 - Line 3 - Either remove "3rd" or place it in parentheses "(3rd)". 22. 9/30/09 - WW Comments below still applicable, except in (c) below, change to "sixty-eight (68)". 5/3/09 - WW Exhibit C - a. Paragraph 2 - Line 2 - Remove the ( before "Real, as it is unnecessary; b. Paragraph 2 - Lines 4/5 - Italicize Beach by Design; and c. Section 2. 1.1 - Revise "seventy-two (72)" to "one hundred (100)". 23 . 9/30/09 & 5/6/09 - WW Page 1 - 7th WHEREAS - The Hotel Density Reserve units are intended for mid-sized, mid-priced hotels, not a "resort" as indicated on line 1. Revise 24. Ensure Exhibit B includes the site plan, elevations and floor plans. 25. Provide an electronic version of the proposed-Development Agreement. Other: No Comments Notes: SUFFICIENT - TO BE PLACED ON THE 11/17/09 CDB AGENDA, SUBMIT 15 COLLATED COPIES OF THE REVISED PLANS & APPLICATION MATERIAL ADDRESSING ALL ABOVE DEPARTMENTS' COMMENTS BY NOON, 10/16/09. PACKETS SHALL BE COLLATED, FOLDED AND STAPLED AS APPROPRIATE. Development Review Agenda - Thursday, October 1, 2009 - Page 53 DRC Action Agcnda L I 2.00 pm Case Number: DVA2008-00-- 619 S GULFVIEW BLVD • ?? Owner(s): Shephard, William M Tre , ?' O' C/O Easley Mccaleb & Assoc Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email PrM Representative: Harry Cline Lftftwoolit Po Box 1669 Clearwater, F133757 TELEPHONE: 727-441-8966, FAX: 727-442-8470, E-MAIL: hsc@clw.macfar.com Location: 2.68 TOTAL ACRES (2.35 ACRES ZONED TOURIST DISTRICT; 0.33 ACRES ZONED OPEN SPACE/RECREATION) LOCATED ON THE SOUTH SIDE OF S. GULFVIEW BOULEVARD APPROXIMATELY 600 FEET EAST OF HAMDEN DRIVE. Atlas Page: 285A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of a Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater. (Related to FLD2008-12033) Proposed Use: Overnight accommodations Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Beach Association Association(s): TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne Wells, Planner III Attendees Included: CITY: i 1/8/09:WELLS,TEFFT,RICE,DOHERTY,KELLER,BEERY;5/7/09:WELLS,RICE,DOHERTY;KELLER, ; APPLICANT: 1/8/09:KEITH ZAYACJOE BURDETTE,HARRY CLINE,ROBERT PERGOLIZZI,OSCAR. GARCIA,DANIEL KNOTMAN;5/7/09:ZAYAC,BURDETTE,KNOTMAN,P.ANDREWS;M.F,OLEY,C.JEO$ALO The DRC reviewed this application with the following comments: t General Engineering: I. No issues. Environmental: I . No issues. Fire: 1 . No issues. Harbor Master: 1 . No issues. Legal: 1 . 9/30/09 & 1/5/09 - WW Add height and density/intensity calculations to Recital D. (Leslie Dougall-Sides) 2. 9/30/09 & 5/6/09 - WW Legal Description needs to be filled in on Exhibits "A", "C" [Schedule 1], and "D" [Schedule A] (L. Dougall-Sides). 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, October 1, 2009 - Page 49 DRC Action Agmda L I Traffic Engineering: Is 1 . No issues. Planning: Development Review Agenda - Thursday, October 1, 2009 - Page 50 DRC Action Agmda 1.1 • • 1 . 9/30/09 - WW As of 9/27/09, the Property Appraiser still shows two parcels for this overall property (Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100); however, both parcels now reflect the same owner. Unless they are combined into one parcel number prior to resubmitting for CDB review, the application and Development Agreement need to be revised to reflect both parcel numbers. 5/3/09 - WW Information below is still applicable. Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100. 1/5/09 - WW Overall property has two parcel numbers, owned by two entities (William M. Shephard, Trustee and Shephard's Beach Resort, Inc. [formerly Lagoon Resort Motel]). Application only lists one parcel number and one owner's name). Need to amend application and the Development Agreement to indicate both. However, the property line between these two parcels goes directly through the existing building and parking garage to remain. As stated in another Planning comment for the FLD case, a Unity of Title will be required to be recorded. Unclear why there isn't just one owner and one parcel number, especially given where the parcel lines are located. Need to get this under one ownership and one parcel number. 2. 9/30/09 & 5/3/09 - WW Page 1 - 4th WHEREAS - a. First line - Italicize Beach by Design. b. Replace this entire paragraph with: "WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects;" 3. 9/30/09 & 5/3/09 - WW Page 2, 5th WHEREAS - Last line - Italicize Beach by Design. 4. 9/30/09 & 5/3/09 - WW Page 2 - Statement of Agreement - Underline this title. 5 . 9/30/09 & 5/3/09 - WW Page 2 - Section 3.1 - The property has two land use designations and zoning districts: Land use: Resort Facilities High (RFH) and Preservation (P); Zoning: Tourist (T) and Open Space/Recreation (OS/R) Districts. Revise. 6. 9/30/09 & 5/3/09 - WW Page 2 - Section 3.2 - Line 1 - Remove the phrase (if not applicable) "or under contract to be owned". If there is a contract to purchase the property, revise this paragraph to the following: "The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. Such contract is evidenced by the affidavit attached as Exhibit and contingent upon the passage of this Agreement." 7. 9/30/09 & 5/3/09 - WW Page 3 - Section 4.3 - a. Line 2 - Italicize Beach by Design; and b. Line 2 - Unclear of language "except as otherwise shown on Exhibit "B" ". What is inconsistent with Beach by Design? 8. 9/30/09 & 5/3/09 - WW Page 3 - Add a new Section 4.5 to read "The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities." 9. 9/30/09 & 5/3/09 - WW Page 3 - Section 5.1 - Revise the last line from "4606G. 2." " to "4-606.G.2. ". 10. 9/30/09 & 5/3/09 - WW Page 4 - Section 6.1.3.1 - Line 4 - Revise case number "2009- " to "FLD2008-12033". Development Review Agenda - Thursday, October 1, 2009 - Page 51 DRC Action Agmda I.1 11 . 9/30/09 & 5/3/09 • Page 4 - Section 6.1.4 - Replace entire paragraph with the following: "Prior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is attached as Exhibit "D". It is understood and agreed that, in the event that the Developer enters into the anticipated Declaration of Unity of Title, and the Developer elects not to construct the Project and notifies the City of its election in writing, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. Alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida." 12. 9/30/09 & 5/3/09 - WW Replace existing Exhibit D with a new Exhibit D - Declaration of Unity of Title (Condominiums) - Modify as appropriate for "Fractional Share Units". Form is available from the Planning Department and can be sent electronically for incorporation and appropriate modification for Fractional Share Units into the Agreement. 13. 9/30/09 - WW Changes requested below made, but italicize "Beach by Design" on Line 11. 5/3/09 - WW Page 5 - Section 6.1.5 - Replace entire paragraph with the following: "Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 100 hotel units to the Project site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2008-12033 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the certificate of occupancy for the Project, the Developer hereby agrees to execute and record a Covenant in the Public Records.of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2008-12033 and by this Agreement." Underline the first sentence that acts as the title. Italicize Beach by Design. 14. 9/30/09 & 5/3/09 - WW Page 5 - Section 6.1.6 - Remove from second line the phrase "from the hotel density". 15 . 9/30/09 & 5/3/09 - WW Page 5 - Section 6.2.2 - Revise entire paragraph with the following: "The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to:". 16. 9/30/09 - WW Page 5 - Section 6.2.3 - Second Line - Italicize Beach by Design. 5/3/09 - WW Page 5 - Section 6.2.3 - Second Line - a. Italicize Beach by Design; and b. Revise "and eight (8) units from TDRs" to "and five (5) dwelling units acquired through TDRs converted to eight (8) hotel units". 17. 9/30/09 - WW Now Page 6 - Comment below still applicable. 5/3/09 - WW Page 5 - Section 7 - Line 4 - Remove the phrase "transportation and other". 18. 9/30/09 & 5/3/09 - WW Page 6 - Add the following new Sections: 7.5 Transportation concurrency requirements have been met. 7.7 The Developer is responsible for the payment of any required impact fees. 19. 9/30/09 & 5/3/09 - WW Page 6 - Renumber Section 7.5 to Section 7.6. Development Review Agenda - Thursday, October 1, 2009 - Page 52 DRC Action Agmda 1.1 20. 9/30/09 & 5/3/09 Page 6 - Section 11.1 - Line 1 - Revise "twenty (20)" to "ten (10)". 21. 9/30/09 & 5/3/09 - WW Page 7 - Section 13 - Paragraph 6 - Line 3 - Either remove "3rd" or place it in parentheses "(3rd)". 22. 9/30/09 - WW Comments below still applicable, except in (c) below, change to "sixty-eight (68)". 5/3/09 - WW Exhibit C - a. Paragraph 2 - Line 2 - Remove the ( before "Real, as it is unnecessary; b. Paragraph 2 - Lines 4/5 - Italicize Beach by Design; and c. Section 2. 1.1 - Revise "seventy-two (72)" to "one hundred (100)". 23 . 9/30/09 & 5/6/09 - WW Page 1 - 7th WHEREAS - The Hotel Density Reserve units are intended for mid-sized, mid-priced hotels, not a "resort" as indicated on line 1. Revise 24. Ensure Exhibit B includes the site plan, elevations and floor plans. 25 . Provide an electronic version of the proposed Development Agreement. Other: No Comments Notes: SUFFICIENT - TO BE PLACED ON THE 11/17%09 CDB AGENDA, SUBMIT 15 COLLATED COPIES OF THE REVISED PLANS & APPLICATION MATERIAL ADDRESSING ALL ABOVE DEPARTMENTS, COMMENTS BY NOON, 10/16/09. PACKETS SHALL BE COLLATED, FOLDED AND STAPLED AS APPROPRIATE. Development Review Agenda - Thursday, October 1, 2009 - Page 53 DRC Action Agmda L I . s 10:25 am Case Number: DVA2008-010 -- 619 S GULFVIEW BLVD ! r Owner(s): Shephard, William M Tre , ?' C/O Easley Mccaleb & Assoc Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email PILC Representative: Harry Cline Po Box 1669 Clearwater, Fl 33757 TELEPHONE: 727-441-8966, FAX: 727-442-8470, E-MAIL: hsc@clw.macfar.com Location: 2.68 TOTAL ACRES (2.35 ACRES. ZONED TOURIST DISTRICT; 0.33 ACRES ZONED OPEN SPACE/RECREATION) LOCATED ON THE SOUTH SIDE OF S. GULFVIEW BOULEVARD. APPROXIMATELY 600 FEET EAST OF HAMDEN DRIVE. Atlas Page: 285A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of a Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater. (Related to FLD2008-12033) Proposed Use: Overnight accommodations Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Beach Association Association(s): TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne. Wells, Planner III Attendees Included: CITY: 1/8/09: WELLS,TEFFT,RICE,DOHERTY,KELLER,BEERY;5/7/09: WELLS,RICE,DOHERTY,KELLER APPLICANT: 1/8/09:KEITH ZAYAC,JOE BURDETTE,HARRY CLINE,ROBERT PERGOLIZZI,OSCAR GARCIA,DANIEL KNOTMAN;5/7/09:ZAYAC,BURDETTE,KNOTMAN,P.ANDREWS,M.FOLEY,C.JEOBALO The DRC reviewed this application with the following comments: General Engineering: 1 . No issues. Environmental: 1 . No issues. Fire: 1 , No issues. Harbor Master: 1 . No issues. Legal: Development Review Agenda - Thursday, May 7, 2009 - Page 30 DRC Action Agtatda 1.1 Add language regleg process for obtaining approval of Density Amits per Ordinance No. 7924-08 and any administrative procedures developed implementing the Ordinance. (Leslie Dougall-Sides) Add height and density/intensity calculations to Recital D. (Leslie Dougall-Sides) 3. Add requirement that Owner will record Special Warranty Deed regarding TDR units, including covenant restricting units in perpetuity. per Code/Ordinance. (Leslie Dougall-Sides) 14. Revise Paragraph 6.1.3.2 to the sample format to read (L. Dougall-Sides): 6.1.3.2 The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code. Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. ?5. Revise Paragraph 6.1.5. to the sample format to read (L. Dougall-Sides): 6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional hotel units to. the Project site in accordance. with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any units granted to the Developer from the Hotel Density. Reserve are not constructed in conjunction with the Project approved by FLD200_- and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the. Hotel Density Reserve and be unavailable to the Developer for use on the. Project, pursuant to Beach by Design. Prior to the issuance of the certificate of occupancy for the Project, the Developer hereby agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve. Units in perpetuity to the use approved by FLD200_- and by this ? Agreement. I b •/ Legal Description needs to. be filled in on Exhibits "A", "C" [Schedule 1 ], and "D" [Schedule A] (L. Dougall-Sides). Land Resources: No Comments Landscaping: 1 . No issues. Parks and Recreation: No Comments Stormwater: 1 . No issues. Solid Waste: 1 . No issues. Traffic Engineering: 1 . No issues. Planning: Development Review Agenda - Thursday, May 7, 2009 - Page 31 DRC Action Agmda ]A 0 5/3/09 - WW 0 Information below is still applicable. Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100. 1/5/09 - WW Overall property has two parcel numbers, owned by two entities (William M. Shephard, Trustee and Shephard's Beach Resort, Inc. [formerly Lagoon Resort Motel]). Application only lists one parcel number and one owner's name). Need to amend application and the Development Agreement to indicate both. However, the property line between these two parcels goes directly through the existing building and parking garage to remain. As stated in another Planning comment for the FLD case, a Unity of Title will be required to be recorded. Unclear why there isn't just one owner and one parcel number, especially given where the parcel lines are located. Need to get this under one ownership and one parcel number. J2. 5/3/09 & 1/5/09 - WW Need to submit an Affidavit to Authorize Agent for parcel owned by Shephard's Beach Resort, Inc. (formerly Lagoon Beach Resort). 3 . 5/3/09 & 1/5/09 - WW Page 1. of the application - Revise "Proposed Use and Size" to indicate the proposed use as a "226-room Hotel" (not 266 hotel rooms). 4 Page 1 - 4th WHEREAS - a. First line - Italicize Beach by Design. b. Replace this entire paragraph with: "WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available. for such mid-sized hotel projects;" Page 2, 5th WHEREAS - Last line - Italicize Beach by Design. Page 2 - Statement of Agreement - Underline this title. Page 2 -. Section 3.1 - The property has two land use designations and zoning districts: Land use: Resort Facilities High (RFH) and Preservation (P); Zoning: Tourist (T) and Open Space/Recreation (OS/R) Districts. Revise. Page 2 Section 3.2 - Line 1 - Remove the phrase (if not applicable) "or under contract to be owned". If there is a contract to purchase the property, revise this paragraph to the following: "The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. Such contract is evidenced by the affidavit attached as Exhibit and contingent upon the passage of this Agreement." O Page. 3 - Section 4.3 - a. Line 2 - Italicize Beach by Design; and b. Line 2 - Unclear of language "except as otherwise shown on Exhibit "B" ". What is inconsistent with Beach by Design? Page 3 Add a new Section 4.5 to read "The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities." Page 3 Section 5.1 - Revise the last line from "4606G. 2." " to "4-606.G.2. . 1 12. ". Page 4 Section 6.1.3.1 - Line 4. - Revise case number "2009- " to "FLD2008-12033". 13. Page 4 Section 6.1.3.1 - Replace paragraph with the following: "The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement." Development Review Agenda - Thursday, May 7, 2009 - Page 32 DRC Action Agcoda 1.1 w 14 . Page 4 - Section # Replace entire paragraph with the following*ior to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity of Title is attached as Exhibit "D". It is understood and agreed that, in the event that the Developer enters into the. anticipated Declaration of Unity of Title, and the Developer elects not to construct the Project and notifies the City of its election in writing, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. Alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the. Public Records of Pinellas County, Florida." 15 . Replace existing Exhibit D with a new. Exhibit D - Declaration of Unity of Title (Condominiums) - Modify. as appropriate for "Fractional Share Units". Form is available from the Planning Department and can be sent electronically for incorporation and appropriate modification for Fractional Share Units into the Agreement. 16 . Page 5 - Section 6.1.5 - Replace entire paragraph with the following: "Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool; Covenant Regarding Use of Units.. / Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 100 hotel units to the Project site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the. Project approved by FLD2008-12033 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to. the issuance of the certificate of occupancy for the. Project, the Developer hereby agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2008-12033. and by this Agreement." Underline the first sentence that acts as the title. Italicize Beach by Design. E7) Page 5 - Section 6.1.6 - Remove from second line the phrase "from the hotel density". 18 . Page 5 - Section 6.2.2 - Revise entire paragraph with the following: "The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to:". 19 Page 5 - Section 6.2.3 - Second Line - Italicize Beach by Design; and fb. Revise "and eight (8) units from TDRs" to "and five (5) dwelling units acquired through TDRs converted to eight (8) hotel units". J20. Page 1 - 7th WHEREAS - Line 3. - Revise "condominium" to "dwelling". Page 5 - Section 7 - Line 4 - Remove the phrase "transportation and other". 22 Page 6 - Add the following new Sections: 7.5 . Transportation concurrency requirements have been met. 7.7 The Developer is responsible for the payment of any required impact fees. 2 Page 6 - Renumber Section 7.5 to Section 7.6. Page 6 - Section 11.1 Line 1 Revise "twenty (20)" to "ten (10)". 25. Page 7 - Section 13 - Paragraph 6 - Line 3 - Either remove "3rd" or place it in parentheses "(3rd)". 26 Exhibit C - a. Paragraph 2 - Line 2 - Remove the ( before 'Real, as it is unnecessary; b. Paragraph 2 - Lines 4/5 - Italicize Beach by Design; and c. Section 2.1.1 -Revise "seventy-two (72)" to "one hundred (100)". tit 47 . Page 4 - Section 6.1.3.1 - Line 2 - Revise "Site Plan" to "Site Plan, Elevations and Floor Plans (collectively "Site Plan")". Ensure Exhibit B includes the site plan, elevations and floor plans. J 28. Page 1 - 6th WHEREAS - Third line indicates "minimal meeting space for guest use" appears inconsistent with the Level 5 ballroom and meeting rooms provided in the new plans. 29 Page 1 - 7th WHEREAS - The Hotel Density Reserve units are intended for mid-sized, mid-priced hotels, not a "resort" as indicated on line 1. Other: No Comments Development Review Agenda - Thursday, May 7, 2009 - Page 33 DRC Action Agmda 1.1 . , , ,, Notes: APPLICATION IS INSUFFIC& TO MOVE FORWARD TO CDB. DUE T 2008-12033. REVISE AND RESUBMIT 15 COPIES (ONE ORIGINAL AND 14 COPIES) OF REVISED MATERIAL FOR ADDITIONAL DRC REVIEW. Development Review Agenda - Thursday, May 7, 2009 - Page 34 DRC Action Agmda 1.1 s( 1% 0 0 Wells, Wayne From: Wells, Wayne Sent: Wednesday, May 06, 2009 3:35 PM To: Delk, Michael; Dougall-Sides, Leslie; Kurleman, Scott Cc: Clayton, Gina; Tefft, Robert Subject: GM06-1313-001 : DVA Standard Form for Hotel Density Reserve Units--Additional Comment IblNumAttach: 0 MessageGUID: {EB30EBAF-AA5E-42A5-996F-063A08A4477B} OriginalDate: None Originator: SQL Style: Bayfront Downtown Boatslips w/Referendum-Planning to Awarding Constr. I caught this change from the standard format as part of my review of the Development Agreement and have added this as a Planning review comment. -----Original Message----- From: Delk, Michael Sent: Wednesday, May 06, 2009 1:57 PM To: Dougall-Sides, Leslie; Wells, Wayne; Kurleman, Scott Cc: Clayton, Gina; Tefft, Robert Subject: RE: GM06-1313-001 : DVA Standard Form for Hotel Density Reserve Units--Additional Comment Concur. It was an important point to the Planning Director and I believe supported by City Council. Recommendation of approval should contain this language. Michael L. Delk, AICP Planning Director City of Clearwater, Florida myclearwater.com -----Original Message----- From: Dougall-Sides, Leslie Sent: Wednesday, May 06, 2009 1:39 PM To: Wells, Wayne; Kurleman, Scott Cc: Delk, Michael Subject: GM06-1313-001 : DVA Standard Form for Hotel Density Reserve Units--Additional Comment As an additional DRC review comment: Neither of the first two DVAs proposed under the Hotel Density Reserve concept [2008-00002 and 2008-00003] have included the standard language approved by the City Council regarding time frames for obtaining building permits and C.O.s and commencing vertical construction. The form DVA, Paragraph 6.1.3.2, reads: 6.1.3.2 The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. The applicants have both proposed a longer time frame, four years. Planning will need to determine whether this ,'', factor will result in a recommAtion for denial in the Staff Report. It was aportant point to the Planning Director in the discussion. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources Wells, Wayne From: Dougall-Sides, Leslie Sent: Wednesday, May 06, 2009 1:39 PM To: Wells, Wayne; Kurleman, Scott Cc: Delk, Michael Subject: GM06-1313-001 : DVA Standard Form for Hotel Density Reserve Units--Additional Comment IblNumAttach: 0 MessageGUID: {EB30EBAF-AA5E-42A5-996F-063A08A4477B) OriginalDate: None Originator: SQL Style: Bayfront Downtown Boatslips w/Referendum-Planning to Awarding Constr. As an additional DRC review comment: Neither of the first two DVAs proposed under the Hotel Density Reserve concept [2008-00002 and 2008-00003] have included the standard language approved by the City Council regarding time frames for obtaining building permits and C.O.s and commencing vertical construction. The form DVA, Paragraph 6.1.3.2, reads: 6.1.3.2 The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. The applicants have both proposed a longer time frame, four years. Planning will need to determine whether this factor will result in a recommendation for denial in the Staff Report. It was an important point to the Planning Director in the discussion. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources Wells, Wayne From: Dougall-Sides, Leslie Sent: Wednesday, May 06, 2009 12:58 PM To: Wells, Waynb; Harry S. Cline Esquire (E-mail) Cc: Joe Burdette (E-mail) Subject: GM08-9216B-016: RE: DVA2008-00002, 619 S. Gulfview Blvd. IblNumAttach: 0 MessageGUID: {83FC89E1-D43C-4F92-ADA3-21E2719CC9AD} OriginalDate: None Originator: SQL Style: Shephard's Development Agreement DVA2008-00002 Additional comments: The sample format for Paragraph 6.1.3.2. reads: 6.1.3.2 The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4-407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement. The format for Paragraph 6.1.5. reads: 6.1.5 Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional hotel units to.the Project site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section LO of this Agreement, or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD200_- and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the certificate of occupancy for the Project, the Developer hereby agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD200_- and by this Agreement. This differs from what appears in the submitted DVA. Legal Description needs to be filled in on Exhibits "A", "C" [Schedule 1], and "D" [Schedule A]. Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources -----Original Message----- From: Wells, Wayne Sent: Wednesday, May 06, 2009 11:53 AM To: Harry S. Cline Esquire (E-mail) Cc: Joe Burdette (E-mail); Dougall-Sides, Leslie Subject: DVA2008-00002, 619 S. Gulfview Blvd. Harry - Attached are the Draft DRC comments for the above referenced Development Agreement for Shephard's, to be reviewed by the DRC (along with the associated FLD case) at 10:25 am on Thursday, May 7, 2009, in the Planning Department offices. 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 << File: Draft 5.7.09 DRC Action Agenda 5.6.09.pdf >> F 10.25 am Case Number: DVA2008-0*-- 619 S GULFVIEW BLVD • Owner(s): Shephard, William M Tre C/O Easley Mccaleb & Assoc Clearwater, 17133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Harry Cline Po Box 1669 - Clearwater, F133757 TELEPHONE: 727-441-8966, FAX: 727-442-8470, E-MAIL: hsc@clw.macfar.com Location: 2.68 TOTAL ACRES (2.35 ACRES ZONED. TOURIST DISTRICT; 0.33 ACRES ZONED OPEN SPACE/RECREATION) LOCATED ON THE SOUTH SIDE OF S. GULFVIEW BOULEVARD APPROXIMATELY 600 FEET EAST OF HAMDEN DRIVE. Atlas Page: 285A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of a Development Agreement between William M.. Shephard, Trustee (the property owner) and the City. of Clearwater. (Related to FLD2008-12033) Proposed Use: Overnight accommodations Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No. Email Neighborhood Clearwater Beach Association Association(s): TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter:. Wayne Wells, Planner III Attendees Included:. CITY: WAYNE WELLS, ROBERT TEFFT, SCOTT RICE, STEVE DOHERTY, JIM KELLER, MARK BEERY APPLICANT: KEITH ZAYAC, JOE BURDETTE, HARRY CLINE, ROBERT PERGOLIZZI, OSCAR GARCIA, DANIEL KNOTMAN The DRC reviewed this application with the following comments: General Engineering: 1 . No issues. Environmental: 1- No issues. Fire: 1 . No issues. Harbor Master: I . No issues. Legal: 1 . Add language regarding process for obtaining approval of Density. Pool units per Ordinance No. 7924-08 and any administrative procedures developed implementing the Ordinance. (Leslie Dougall-Sides) 2. Add height and density/intensity calculations to Recital D. (Leslie Dougall-Sides) 3 . Add requirement that Owner will record Special Warranty Deed regarding TDR units, including covenant restricting units in perpetuity per Code/Ordinance. (Leslie Dougall-Sides) Land Resources: No Comments Landscaping: 1 . No issues. Parks and Recreation: No Comments Stormwater: 1 . No issues. Development Review Agenda - Thursday, May 7, 2009 - Page 29 DRC Action Agmda 1.1 Solid Waste: • 1 . No issues. Traffic Engineering: 1 . No issues. Planning: • Development Review Agenda - Thursday, May 7, 2009 - Page 30 DRC Aclim Agmda 1.1 1 . 5/3/09 - WW • 0 Information below is still applicable. Parcel Numbers 17-29-15-05004-003-0010 and 17-29-15-00000-220-0100. 1/5/09 - WW Overall property has two parcel numbers, owned by two entities (William M. Shephard, Trustee and Shephard's Beach Resort, Inc. [formerly Lagoon Resort Motel]). Application only lists one parcel number and one owner's name). Need to amend application and the Development Agreement to indicate both. However, the property line between these two parcels goes directly through the existing building and parking garage to remain. As stated in another Planning comment for the FLD case, a Unity of Title will be required to be recorded. Unclear why there isn't just one owner and one parcel number, especially given where the parcel lines are located. Need to get this under one ownership and one parcel number. 2. 5/3/09 & 1/5/09 - WW Need to submit an Affidavit to Authorize Agent for parcel owned by Shephard's Beach Resort, Inc. (formerly Lagoon Beach Resort). 3. 5/3/09 & 1/5/09 - WW Page 1 of the application - Revise "Proposed Use and Size" to indicate the proposed use as a "226-room Hotel" (not 266 hotel rooms). 4. Page 1 - 4th WHEREAS - a. First line - Italicize Beach by Design. b. Replace this entire paragraph with: "WHEREAS, Beach by Design as amended by City of Clearwater Ordinance No. 7925-08 proposed additional hotel units to equalize development opportunities on the beach between overnight accommodations and attached dwellings and ensure Clearwater Beach remains a quality, family resort community by further providing for a reserve of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects;" 5 . Page 2, 5th WHEREAS Last line Italicize Beach by Design. 6. Page 2 - Statement of Agreement - Underline this title. 7. Page 2 - Section 3.1 - The property has two land use designations and zoning districts: Land use: Resort Facilities High (RFH) and Preservation (P); Zoning: Tourist (T) and Open Space/Recreation (OS/R) Districts. Revise. 8. Page 2 - Section 3.2 - Line 1 - Remove the phrase (if not applicable) "or under contract to be owned". If there is a contract to purchase the property, revise this paragraph to the following: "The Property is owned in fee simple or under contract to be owned in fee simple by the Developer. Such contract is evidenced by the affidavit attached as Exhibit and contingent upon the passage of this Agreement." 9. Page 3 - Section 4.3 - a. Line 2 - Italicize Beach by Design; and b. Line 2 - Unclear of language "except as otherwise shown on Exhibit "B" ". What is inconsistent with Beach by Design? 10. Page 3 - Add a new Section 4.5 to read "The Project shall comply with the Metropolitan Planning Organization's (MPO) countywide approach to the application of concurrency management for transportation facilities." 11 . Page 3 Section 5.1 - Revise the last line from "4606G. 2. to "4-606.G.2. ". 12. Page 4 - Section 6.1.3.1 - Line 4 - Revise case number "2009- " to "FLD2008-12033". 13. Page 4 - Section 6.1.3.1 - Replace paragraph with the following: "The Developer shall obtain building permits, and shall thereafter timely obtain required certificates of occupancy, in accordance with Code Section 4407. The Developer shall commence vertical construction, defined as work on the project other than clearing, grubbing, or other preliminary site preparation work, in accordance with applicable provisions of the Code and of the Florida Building Code. Nothing herein shall restrict Developer from seeking an extension of these time frames pursuant to applicable provisions of the Code and of the Florida Building Code or from seeking an amendment to this Agreement." Development Review Agenda - Thursday, May 7, 2009 - Page 31 DRC Action Agmda 1.1 14. Page 4 - Section 6* Replace entire paragraph with the following0or to the issuance of the first building permit for the Project, the Developer hereby agrees to execute a Declaration of Unity of Title for the Project Site providing that the Project Site shall be developed and used as a single project, the form of which Declaration of Unity. of Title is attached as Exhibit "D". It is understood and agreed that, in the event that the Developer enters into the anticipated Declaration of Unity of Title, and the Developer elects not to construct the Project and notifies the City of its election in writing, the City shall execute and deliver to the Developer a termination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida. Alternatively, as of the date of expiration, termination or revocation of any rights of Developer to incorporate the Hotel Density Reserve Units into the Project, the City shall execute and deliver to the Developer a ternination of such Declaration of Unity of Title suitable for recording in the Public Records of Pinellas County, Florida." 15. Replace existing Exhibit D with a new Exhibit D - Declaration of Unity of Title (Condominiums) - Modify as appropriate for "Fractional Share Units". Form is available from the Planning Department and can be sent electronically for incorporation and appropriate modification for Fractional Share Units into the Agreement. 16. Page 5 - Section 6.1.5 - Replace entire paragraph with the following: "Allocation of Units from Hotel Density Reserve; Return of Units to Reserve Pool; Covenant Regarding Use of Units. Subject to the. terms and conditions of this Agreement, the City hereby allocates and grants to the Developer from the Hotel Density Reserve an additional 100 hotel units to the Project site in accordance with applicable law. In the event this Agreement is terminated pursuant to Section 10 of this Agreement, or if any units granted to the Developer from the Hotel Density Reserve are not constructed in conjunction with the Project approved by FLD2008-12033 and in accordance with Paragraph 6.1.3.2, or if any units or the Project fail to meet and maintain the criteria for Hotel Density Reserve units contained in City of Clearwater Ordinance No. 7925-08, said units shall be returned to the Hotel Density Reserve and be unavailable to the Developer for use on the Project, pursuant to Beach by Design. Prior to the issuance of the certificate of occupancy for the Project, the Developer hereby agrees to execute and record a Covenant in the Public Records of Pinellas County, Florida restricting the Hotel Density Reserve Units in perpetuity to the use approved by FLD2008-12033 and by this Agreement." Underline the first sentence that acts as the title. Italicize Beach by Design. 17. Page 5 - Section 6.1.6 - Remove from second line the phrase "from the hotel density". 18. Page 5 - Section 6.2.2 - Revise entire paragraph with the following: "The final effectiveness of any approvals of the applications referenced in Section 6.2.1 is subject to:". 19. Page 5 - Section 6.2.3 - Second Line - a. Italicize Beach by Design; and b. Revise "and eight (8) units from TDRs". to "and five (5) dwelling units acquired through TDRs converted to eight (8) hotel units". 20. Page 1 - 7th WHEREAS. Line 3 - Revise "condominium" to "dwelling". 21 . Page 5 - Section 7. - Line 4 - Remove the phrase "transportation and other". 22. Page 6 Add the following new Sections: 7.5 Transportation concurrency requirements have been met. 7.7 The Developer is responsible for the payment of any required impact fees. 23. Page 6 - Renumber Section 7.5 to. Section 7.6. 24. Page 6 - Section 11.1 - Line 1 - Revise "twenty (20)" to "ten (10)". 25 . Page 7 - Section 13 - Paragraph 6 Line 3 - Either remove "3rd" or place it in parentheses "(3rd)". 26. Exhibit C - a. Paragraph 2 - Line 2 Remove the (before "Real, as it is unnecessary; b. Paragraph 2 - Lines 4/5 - Italicize Beach by Design; and c. Section 2. 1.1 - Revise "seventy-two (72)" to "one hundred (100)". 27. Page 4 - Section 6.1.3.1 - Line 2 - Revise "Site Plan" to "Site Plan, Elevations and Floor Plans (collectively "Site Plan")". Ensure Exhibit B includes the site plan, elevations and floor plans. Other: No Comments Notes: APPLICATION IS INSUFFICIENT TO MOVE FORWARD TO CDB DUE TO FLD2008-12033. REVISE AND RESUBMIT 15 COPIES (ONE ORIGINAL AND 14 COPIES) OF REVISED MATERIAL FOR ADDITIONAL DRC REVIEW. Development Review Agenda - Thursday, May 7, 2009 - Page 32 DRC Action Agmda 1.1 • Wells, Wayne From: Wells, Wayne Sent: Monday, March 09, 2009 2:02 PM To: Hollander, Gwen Cc: Watkins, Sherry Subject: GM08-92168-016: Shephard DVA IblNumAttach: 0 MessageGU1D: {236EC809-DB6A-4C19-9AD3-DOBBEF9D3843} OriginalDate: None Originator: SQL Style: Shephard's Development Agreement DVA2008-00002 - Gwen - I have made a copy of what was submitted for the January 8th DRC package and am sending it to you through interoffice mail. The actual DVA has my scribbling on it. I am also sending the DRC comments for your use. Wayne -----Original Message----- From: Kurleman, Scott Sent: Monday, March 09, 2009 11:28 AM To: Hollander, Gwen Cc: Watkins, Sherry; Wells, Wayne Subject: RE: GM08-92166-016 : Shephard DVA Hi Gwen, this should be for Wayne Wells. A. Scott Kurleman Planner III, ISA Arborist City of Clearwater 100 S. Myrtle Avenue Clearwater, FL 33756 Scott.kurleman(@mvclearwater.com <mailto:scott.kurleman((2.mvclearwater.com> p 727-562-4553 f 727-562-4865 -----Original Message----- From: Hollander, Gwen Sent: Friday, March 06, 2009 4:55 PM To: Kurleman, Scott Subject: GM08-92166-016 : Shephard DVA Hi Scott, Will you please either interoffice or email Leslie a copy of the development agreement for William M . Shephard, DVA2008-00002? Thank you. Gwen Hollander Legal Staff Assistant Clearwater City Attorney's Office (727) 562-4013 • • Wells, Wayne From: Clayton, Gina Sent: Monday, February 02, 2009 1:22 PM To: Wells, Wayne; Delk, Michael Cc: Tefft, Robert; Kurleman, Scott Subject: RE: Hotel Density Reserve Development Agreements No - but it may mean that revisions are going to be required to the DVA after that March 5th meeting. It will probably be modeled more after Scott's agreement .... -----Original Message----- From: Wells, Wayne Sent: Monday, February 02, 2009 1:18 PM To: Clayton, Gina; Delk, Michael Cc: Tefft, Robert; Kurleman, Scott Subject: Hotel Density Reserve Development Agreements Does that mean our projects are on hold until the model. DVA is approved? -----Original Message----- From: Clayton, Gina Sent: Monday, February 02, 2009 12:31 PM To: Wells, Wayne; Delk, Michael Cc: Tefft, Robert; Kurleman, Scott Subject: RE: Hotel Density Reserve Development Agreements Leslie is developing one and we will present it to Council at the March 5th work session. -----Original Message----- From: Wells, Wayne Sent: Monday, February 02, 2009 12:19 PM To: Delk, Michael Cc: Clayton, Gina; Tefft, Robert; Kurleman, Scott Subject: Hotel Density Reserve Development Agreements Michael - Do you know if Leslie Dougall-Sides. is. drafting (or has drafted) the model Development Agreement for projects requesting Hotel Density Reserve units under Beach by Design? We had previously discussed such in a meeting with Leslie and I just haven't heard anything since that discussion. Scott Kurleman and I each have a Development Agreement (and FLD) application that is on hold pending such model DVA. 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 .ir_ . 10.00 am Case Number: DVA2008-00*-- 619 S GULFVIEW BLVD . Owner(s): Shephard, William M Tre ' C/O Easley Mccaleb & Assoc Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Harry Cline Po Box 1669 Clearwater, F133757 TELEPHONE: 727-441-8966, FAX: 727442-8470, E-MAIL: hsc@clw.macfar.com Location: 2.68 TOTAL ACRES (2.35 ACRES ZONED TOURIST DISTRICT; 0.33 ACRES ZONED OPEN SPACE/RECREATION) LOCATED ON THE SOUTH SIDE OF S. GULFVIEW BOULEVARD APPROXIMATELY 600 FEET EAST OF HAMDEN DRIVE. Atlas Page: 285A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of a Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater. (Related to FLD2008-12033) Proposed Use: Overnight accommodations Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Beach Association Association(s): TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne Wells, Planner III Attendees Included: CITY: WAYNE WELLS, ROBERT TEFFT, SCOTT RICE, STEVE DOHERTY, JIM KELLER, MARK BEERY APPLICANT: KEITH ZAYAC, JOE BURDETTE, HARRY CLINE, ROBERT PERGOLIZZI, OSCAR GARCIA, DANIEL KNOTMAN The DRC reviewed this application with the following comments: General Engineering: 1 . No issues. Environmental: 1 . No issues. Fire: 1 . No issues. Harbor Master: 1 . No issues. Legal: 1 . Add language regarding process for obtaining approval of Density Pool units per Ordinance No. 7924-08 and any administrative procedures developed implementing the Ordinance. (Leslie Dougall-Sides) 2. Add height and density/intensity calculations to Recital D. (Leslie Dougall-Sides) 3. Add requirement that Owner will record Special Warranty Deed regarding TDR units, including covenant restricting units in perpetuity per Code/Ordinance. (Leslie Dougall-Sides) Land Resources: No Comments Landscaping: I . No issues. Parks and Recreation: No Comments Stormwater: I . No issues. Development Review Agenda - Thursday, January 8, 2009, - Page 21 DRC Action Agenda 1.1 F, Solid Waste: No issues. n Traffic Engineering: 1'. No issues. Planning: 1 . Overall property has two parcel numbers, owned by two entities (William M. Shephard, Trustee and Shephard's Beach Resort, Inc. [formerly Lagoon Resort Motel]). Application only lists one parcel number and one owner's name). Need to amend application and the Development Agreement to indicate both. However, the property line between these two parcels goes directly through the existing building and parking garage to remain. As stated in another Planning comment for the FLD case, a Unity of Title will be required to be recorded. Unclear why there . isn't just one owner and one parcel number, especially given where the parcel lines are located. Need to get this under one ownership and one parcel number. 2. Need to submit an Affidavit to Authorize Agent for parcel owned by Shephard's Beach Resort, Inc. (formerly Lagoon Beach Resort). 3. Page 1 of the application - Revise "Proposed Use and Size" to indicate the proposed use as a "226-room Hotel" (not 266 hotel rooms). 4. Recitals - Section D - a. If the math regarding the square footage/acrege of the site is not correct (see discussion under the FLD case) and the number of units changes, then the number of units needs to change in this section; b. Eigth line - revise "preliminary Site Plan" to "final approved Site Plan"; and c. Revise "five (5) existing condominium units" to "five (5) dwelling units". 5 . Recitals - Section E - Based on the information in Section C and the information from the FLD case, revise the land use to include Preservation and revise the zoning to include Open Space/Recreation District. 6. Recitals - Section F - a. Revise "five (5) existing condominium units" to "five (5) dwelling units"; and b. An application for TDR has been filed (revise language). 7. Statement of Agreement - Section 5.1 - Revise in the last line "4606G.2" to "4-606.G.2". 8. Statement of Agreement - Section 6.1.3.1 Approvals under Case Number FLD2008-12033 (fill in the blank) include not only the site plan (Exhibit D), but also the elevations (Exhibit B) and the floor plans (Exhibit C). Revise language to include the elevations and floor plans. 9. Statement of Agreement - Section 6.1.3.2 - Unclear why a four year timeframe is being requested for the Development Agreement in order to obtain building permits and commence construction, which is inconsistent with Section 4-407. Shouldn't this also be "vertical construction", not just "construction"? Need to discuss. 10. Statement of Agreement - a. Remove the line space between Section 11. and 11.1.2; and b. Remove the space in Section 11.1.3 in the word "change". 11 . Statement of Agreement - Section 17 - Shouldn't the statement be recorded, just like the approved and adopted Development Agreement, in the public records of Pinellas County (see Section 5.1)? 12. Proposed Development Agreement needs to follow general format of other Development Agreements adopted by the City Council that reflects the Beach by Design provisions for the Hotel Density Reserve, including definitions, purpose statements, grant of additional hotel units, etc., as well as all provisions required under Ordinance 7925-08. Other Development Agreements that can be viewed for applicable formatting are K & P Clearwater Estate, LLC (100 Coronado Drive) in 2005 and the Sandpearl Resort (500 Mandalay Avenue). Other: No Comments Notes: APPLICATION IS INSUFFICIENT TO MOVE FORWARD TO CDB. REVISE AND RESUBMIT 15 COPIES (ONE ORIGINAL AND 14 COPIES) OF REVISED MATERIAL FOR ADDITIONAL DRC REVIEW. Development Review Agenda - Thursday, January 8, 2009 - Page 22 DRC Action Agenda 1.1 10:00 am Case Number: DVA2008-0#- 619 S GULFVIEW BLVD • Owner(s): Shephard, William M Tre Is 9601 C/O Easley Mccaleb & Assoc Clearwater, F133767 TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Representative: Harry Cline GWwWb"+1 Po Box 1669 Clearwater, F133757 TELEPHONE: 727-441-8966, FAX: 727-442-8470, E-MAIL: hsc@clw.macfar.com Location: 2.68 TOTAL ACRES (2.35 ACRES ZONED TOURIST DISTRICT; 0.33 ACRES ZONED OPEN SPACE/RECREATION) LOCATED ON THE SOUTH SIDE OF S. GULFVIEW BOULEVARD APPROXIMATELY 600 FEET EAST OF HAMDEN DRIVE. Atlas Page: 285A Zoning District: T, Tourist Request: Review of, and recommendation to the City Council, of a Development Agreement between William M. Shephard, Trustee (the property owner) and the City of Clearwater. (Related to FLD2008-12033) Proposed Use: Overnight accommodations Neighborhood Clearwater Neighborhoods Coalition Association(s): TELEPHONE: No Phone, FAX: No Fax, E-MAIL: No Email Neighborhood Clearwater Beach Association Association(s): TELEPHONE: 443-2168, FAX: No Fax, E-MAIL: papamurphy@aol.com Presenter: Wayne Wells, Planner III Attendees Included: CITY: WAYNE WELLS, ROBERT TEFFT, RICK ALBEE, SCOTT RICE, STEVE DOHERTY, JIM KELLER APPLICANT: KEITH ZAYAC, JOE BURDETTE, HARRY CLINE The DRC reviewed this application with the following comments: General Engineering: 1 _ No issues. Environmental: I . No issues. Fire: No issues. Harbor Master: 1 . No issues. Legal: 1 . Add language regarding process for obtaining approval of Density Pool units per Ordinance No. 7924-08 and any administrative procedures developed implementing the Ordinance. (Leslie Dougall-Sides) 2. Add height and density/intensity calculations to Recital D. (Leslie Dougall-Sides) 3. Add requirement that Owner will record Special Warranty Deed regarding TDR units, including covenant restricting units in perpetuity per Code/Ordinance. (Leslie Dougall-Sides) Land Resources: No Comments Landscaping: I . No issues. Parks and Recreation: No Comments Stormwater: 1 . No issues. Solid Waste: 1 . No issues. Development Review Agenda - Thursday, January 8, 2009 - Page 16 DRC Action Agmda 1.1 Traffic Engineering: • 1 . No issues. Planning: 1 . Overall property has two parcel numbers, owned by two entities (William M. Shephard, Trustee and Shephard's Beach Resort, Inc. [formerly Lagoon Resort Motel]). Application only lists one parcel number and one owner's name). Need to amend application and the Development Agreement to indicate both. However, the property line between these two parcels goes directly through the existing building and parking garage to remain. As stated in another Planning comment for the FLD case, a Unity of Title will be required to be recorded. Unclear why there isn't just one owner and one parcel number, especially given where the parcel lines are located. Need to get this under one ownership and one parcel number. 2. Need to submit an Affidavit to Authorize Agent for parcel owned by Shephard's Beach Resort, Inc. (formerly Lagoon Beach Resort). 3. Page 1 of the application - Revise "Proposed Use and Size" to indicate the proposed use as a "226-room Hotel" (not 266 hotel rooms). 4. Recitals - Section D - a. If the math regarding the square footage/acrege of the site is not correct (see discussion under the FLD case) and the number of units changes, then the number of units needs to change in this section; b. Eigth line - revise "preliminary Site Plan" to "final approved Site Plan"; and c. Revise "five (5) existing condominium units" to "five (5) dwelling units". 5. Recitals - Section E - Based on the information in Section C and the information from the FLD case, revise the land use to include Preservation and revise the zoning to include Open Space/Recreation District. 6. Recitals - Section F - a. Revise "five (5) existing condominium units" to "five (5) dwelling units"; and b. An application for TDR has been filed (revise language). 7. Statement of Agreement - Section 5.1 - Revise in the last line "4606G.2" to "4-606.G.2"., 8. Statement of Agreement - Section 6.1.3.1 - Approvals under Case Number FLD2008-12033 (fill in the blank) include not only the site plan (Exhibit D), but also the elevations (Exhibit B) and the floor plans (Exhibit Q. Revise language to include the elevations and floor plans. 9. Statement of Agreement - Section 6.1.3.2 - Unclear why a four year timeframe is being requested for the Development Agreement in order to obtain building permits and commence construction, which is inconsistent with Section 4-407. Shouldn't this also be "vertical construction", not just "construction"? Need to discuss. 10. Statement of Agreement - a. Remove the line space between Section 11. and 11.1.2; and b. Remove the space in Section 11. 1.3 in the word "change". 11 . Statement of Agreement - Section 17 - Shouldn't the statement be recorded, just like the approved and adopted Development Agreement, in the public records of Pinellas County (see Section 5.1)? 12. Proposed Development Agreement needs to follow general format of other Development Agreements adopted by the City Council that reflects the Beach by Design provisions for the Hotel Density Reserve, including definitions, purpose statements, grant of additional hotel units, etc., as well as all provisions required under Ordinance 7925-08. Other Development Agreements that can be viewed for applicable formatting are K & P Clearwater Estate, LLC (100 Coronado Drive) in 2005 and the Sandpearl Resort (500 Mandalay Avenue). Other: No Comments Notes: APPLICATION IS INSUFFICIENT TO MOVE FORWARD TO CDB. REVISE AND RESUBMIT 15 COPIES (ONE ORIGINAL AND 14 COPIES) OF REVISED MATERIAL FOR ADDITIONAL DRC REVIEW. Development Review Agenda - Thursday, January 8, 2009 - Page 17 DRC Action Agwda 1.1 • • Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, January 05, 2009 11:42 AM To: Wells, Wayne Subject: Shepard's DVA Comments Here are the comments re the Shepard's DVA I sent to H. Cline [copied you] on 11/14. I have reviewed the draft Development Agreement and have the following comments: 1. Attach Exhibits A through D; 2. Add language regarding process for obtaining approval of Density Pool units per Ordinance No. 7924-08 and any administrative procedures developed implementing the Ordinance [Note. Ordinance could be challenged by Petitioners until November 17, 2008 per provisions of City Charter]; 3. Fill in blanks in Recitals D., E., and F.; 4. Section 6, Paragraph 6.2.1.: Is Concept Plan the same as Site Plan referenced in Recital D.? Reference to Site Plan in Recital D. should be to.final approved Site Plan, not preliminary or conceptual Site Plan; 5. Section 6, Paragraph 6.2.2.: What is the "re-designation" referred to?; 6. Section 13.: Add "with copy to Pamela K. Akin, City Attorney, 112 S. Osceola Avenue, Clearwater, FL 33756"; 7. Omit Section 14, Renumber subsequent Sections; 8. Add height and density/intensity calculations and more precise square footage of banquet/meeting space to. Recital D.; 9. Add requirement that owner will record Special Warranty Deed regarding TDR units, including covenant restricting units in perpetuity per Code/Ordinance; 10. By copy of this e-mail I am forwarding the draft to Wayne Wells, Planner III, for any additional comments. <<Development Agreement 10-28-081.pdf>> Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the. District of Columbia Senior Professional in Human Resources 1 0 0 Wells, Wayne From: Wells, Wayne Sent: Monday, January 05, 2009 11:33 AM To: Dougall-Sides, Leslie Cc: Kurleman, Scott Subject: Development Agreements Leslie - Scott Kurleman has a Development Agreement for 20 Kendall Avenue (DVA2008-00003) in conjunction with FLD2008- 12034 and I have a Development Agreement for 619 S. Gulfview Blvd (DVA2008-00002) in conjunction with FLD2008- 12033. Do you have any comments on either of these Development Agreements? Normal procedure is that Scott and I send out draft DRC comments late today (or if necessary tomorrow). If you do have comments, Scott and I can input your comments into Permit Plan if needed. 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 ; 1W 9 0 H. Cline - Draft DVA comments 11.20.08 From: Dougall-sides, Leslie Sent: Thursday, November 20, 2008 11:41 AM To: 'Harry Cline' Cc: wells, Wayne; Hunraf@aol.com; wshephardl@yahoo.com subject: RE: A04-01420 : Preliminary Comments, Draft Development Agreement, Shepard/City That's fine with me at this point. -----original Message----- From: Harry Cline [mailto:HSC@macfar.com] Sent: Thursday, November 20, 2008 11:17 AM To: Dougall-sides, Leslie Cc: wells, Wayne;. Hunraf@aol.com; wshephardl@yahoo.com subject: RE: A04-01420 : Preliminary Comments, Draft Development Agreement, Shepard/City Thanks; doing all you requested except one question: we are approving the form agreement; the exhibits (other than A which is the legal description) are not final and all of that data is now in and will be approved incident to the applications; I would ask, in the interest of saving paper and filing space that we not, at this juncture, duplicate the proposed elevations, site plan etc... since those are already in the applications and 2dly will be modified by the process.. Let me know if we can proceed without reprinting what is already in or will be in the applications> thanks. - hsc -----Original Message----- From: Leslie.Dougalg-Sides@myClearwater.com [mailto:Leslie.Dougall-sides@myclearwater.com] Sent: Monday, November 10, 2008 4:27 PM To: Harry Cline cc: wayne.wells@myClearwater.com subject: A04-01420 : Preliminary Comments, Draft Development Agreement, Shepard/City I have reviewed the draft Development Agreement and have the following comments: 1. Attach Exhibits A through D; 2. Add language regarding process for obtaining approval of Density Pool units per ordinance No. 7924-08 and any administrative procedures developed implementing the ordinance [Note ordinance could be challen ed by Petitioners until November 17,.2008 per provisions of city charter?; 3. Fill in blanks in Recitals D., E., and F.; 4. Section 6, Paragraph 6.2.1.: Is Concept. Plan the same as site Plan referenced in Recital D.? Reference to site Plan in Recital D. should be to final approved site Plan, not preliminary or conceptual site Plan; 5. Section 6, Paragraph 6.2.2.: what is the "re-designation" referred to?; 6. section 13.: Add "with copy to Pamela K. Akin, City Attorney, 112 S. Osceola Avenue, Clearwater, FL 33756"; 7. omit Section 14, Renumber subsequent sections; 8. Add height and density/intensity calculations and more precise square footage of banquet/meeting space to Recital D.; Page 1 ? 1W 0 0 H. Cline - Draft DVA comments 11.20.08 9. Add requirement that owner will record special warranty Deed regarding TDR units, including covenant restricting units in perpetuity per code/ordinance; 10. By copy of this e-mail I am forwarding. the draft to wayne wells, Planner III, for any additional comments. <<Development Agreement 10-28-081.pdf>> Leslie K. Dougall-sides Assistant City Attorney city of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia senior Professional in Human Resources Page 2 Wells, Wayne From: Dougall-Sides, Leslie Sent: Monday, November 10, 2008 4:27 PM To: 'hsc@macfar.com' Cc: Wells, Wayne Subject: A04-01420 : Preliminary Comments, Draft Development Agreement, Shepard/City IblNumAttach: 1 MessageGUID: {47153A7B-E029-427D-BEAB-6C664EC97191) OriginalDate: None Originator: SQL Style: Planning General miscellaneous I have reviewed the draft Development Agreement and have the following comments: 1. Attach Exhibits A through D; 2. Add language regarding process for obtaining approval of Density Pool units per Ordinance No. 7924-08 and any administrative procedures developed implementing the Ordinance [Note Ordinance could be challenged by Petitioners until November 17, 2008 per provisions of City Charter]; 3. Fill in blanks in Recitals D., E., and F.; 4. Section 6, Paragraph 6.2.1.: Is Concept Plan the same as Site Plan referenced in Recital D.? Reference to Site Plan in Recital D. should be to final approved Site Plan, not preliminary or conceptual Site Plan; 5. Section 6, Paragraph 6.2.2.: What is the "re-designation" referred to?; 6. Section 13.: Add "with copy to Pamela K. Akin, City Attorney, 112 S. Osceola Avenue, Clearwater, FL 33756"; 7. Omit Section 14, Renumber subsequent Sections; 8. Add height and density/intensity calculations and more precise square footage of banquet/meeting space to Recital D.; 9. Add requirement that Owner will record Special Warranty Deed regarding TDR units, including covenant restricting units in perpetuity per Code/Ordinance; 10. By copy of this e-mail I am forwarding the draft to Wayne Wells, Planner III, for any additional comments. Development eement 10-28-C Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia Senior Professional in Human Resources • • Wells, Wayne Sent: Monday, November 10, 2008 4:27 PM To: 'hsc@macfar.com' Cc: Wells, Wayne Subject: A04-01420 : Preliminary Comments, Draft Development Agreement, Shepard/City CaseSK: 2471 DatabaseName: CPSQL IbINumAttach: 1 MailNickName: Leslie.Dougall-Sides Matter: A04-01420 MessageGUID: {47153A7B-E029-427D-BEAB-6C664EC97191} MovedDocs: 0 Originator: SQL ProfileName: CPSQL Style: Planning General miscellaneous UserSaveAttach: 0 Version: 8.5.131 I have reviewed the draft Development Agreement and have the following comments: 1. Attach Exhibits A through D; 2. Add language regarding process for obtaining approval of Density Pool units per Ordinance No. 7924-08 and any administrative procedures developed implementing the Ordinance [Note Ordinance could be challenged by Petitioners until November 17, 2008 per provisions of City Charter]; 3. Fill in blanks in Recitals D., E., and F.; 4. Section 6, Paragraph 6.2.1.: Is Concept Plan the same as Site Plan referenced in Recital D.? Reference to Site Plan in Recital D. should be to final approved Site Plan, not preliminary or conceptual Site Plan; 5. Section 6, Paragraph 6.2.2.: What is the "re-designation" referred to?; 6. Section 13.: Add "with copy to Pamela K. Akin, City Attorney, 112 S. Osceola Avenue, Clearwater, FL 33756"7. Omit Section 14, Renumber subsequent Sections; 8. Add height and density/intensity calculations and more precise square footage of banquet/meeting space to Recital D.; 9. Add requirement that Owner will record Special Warranty Deed regarding TDR units, including covenant restricting units in perpetuity per Code/Ordinance; 10. By copy of this e-mail I am forwarding the draft to Wayne Wells, Planner III, for any additional comments. Development eement 10-28-C Leslie K. Dougall-Sides Assistant City Attorney City of Clearwater P.O. Box 4748 Clearwater, Florida 33758 (727) 562-4010 phone (727) 562-4021 fax Board Certified in City, County and Local Government Law Admitted in Florida, Oregon, and the District of Columbia N 100 CITY OF CLEARWATER NOTICE OF INTENT TO CONSIDER A DEVELOPMENT AGREEMENT A public hearing will be conducted before the Community Development Board on November 17, 2009, 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 approving a Development Agreement between the City of Clearwater and William M. Shephard, Trustee for property located at 619 S. Gulfview Boulevard legally described as 17-29-15-05004-003-0010 and 17-29-15-00000-220- 01001.(DVA2008-00002) The Development Agreement will allow an overnight accommodation use of a total of 186 rooms (78.48 rooms/acre on lot acreage zoned Tourist (T) District including the allocation of 68 units from the Hotel Density Reserve) and approximately 37,647 square feet of accessory uses to the hotel at a height of 134 feet (to flat roof deck) as per Beach by Design. Public hearing(s) will also be held to consider requests for the following related case: FLD2008-12033. Interested parties may appear to be heard or file written notice of approval or objections with the Planning and Development Department or the City Clerk prior to or during the public hearing. Any person who decides to appeal any decision made by the Council, 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 and Development Department at the Municipal Services Building, 100 S. Myrtle Avenue, Clearwater, Florida, or call 562-4567. Michael Delk Planning & Development Director Cynthia E. Goudeau, MMC 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://cearwater.granicus.comNiewPublisher.php?view id=11 and click on "Resident Engagement Video." You can also check the informational video out from any Clearwater public library. Ad: 11 /7/09 AINSWORTH, GEORGE W AINSWORTH, JEAN W 314• FALCON CT COPPELL TX 75019 - ALDINGER, GUENTER ALDINGER, DAGMAR SCHWALBENWEG 4 74395 MUNDELSHEIM GERMANY 0LDJW-12033/DVA2008-00002: 190 • AINSWORTH, GEORGE W AINSWORTH, JEAN W 530 GULFVIEW BLVD S # 501 CLEARWATER FL 33767 - AMOROSO, DANIEL F AMOROSO, EDWINA 196 DAM VIEW DR 00003- MEDIA PA 19063 - 1832 ANASTASOPOULOS, ELIAS ANASTASOPOULOS, ANASTASIOS 630 S GULFVIEW BLVD CLEARWATER FL 33767 - 2642 BALKIN, JAMES M 640 BAYWAY BLVD # 206 CLEARWATER FL 33767 - 2604 BARBIERE, MICHAEL J BELANGER, JILL R 165 BAYOU ST MARQUETTE M149855 - 9101 BAYWAY SHORES CONDO ASSN INC PO BOX 3882 CLEARWATER FL 33767 - 8882 BERKOVSKY, PETER BERKOVSKY,HELGA 675 S GULFVIEW BLVD # 508 CLEARWATER FL 33767 - 2666 BRADLEY, FELICIA N 675 S GULFVIEW BLVD #907 CLEARWATER FL 33767 - 2678 CAPELUTO FAMILY PTNSHP CAPELUTO, NACE L 28050 US HIGHWAY 19 N STE 100 CLEARWATER FL 33761 - 2600 ANASTASOPOULOS, ELIAS ANASTASOPOULOS, HELEN 1600 GULF BLVD # PHNO 1 CLEARWATER FL 33767 - 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2647 ZEIER, NORBERT G ZEIER, MARGARET E 675 S GULFVIEW BLVD # 503 CLEARWATER FL 33767 - 2666 CLEARWATER BEACH ASSOCIATION CLEARWATER NEIGHBORHOODS JAY KEYES, PRESIDENT COALITION 100 DEVON DR. SHELLEY KUROGLIAN, PRESIDENT CLEARWATER, FL 33767 1821 SPRINGWOOD CIR S CLEARWATER, FL 33763 * is ZAREMBA, THOMAS S A SEAGATE SUITE # 1700 TOLEDO OH 43604 - ZHUN, ELLEN M FAMILY TRUST 675 S GULFVIEW BLVD # 1005 CLEARWATER FL 33767 - 2645 • ORIGINAL RECEIVED Case # DVA2008-00002 Sign Posting Acknowledgement 140V o 2009 PLANNING DEPARTMENT CRY OF CLEARWATER 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 on the subject property so that it is readable from S. Gulfview Blvd. a minimum of 10 days before the Public Hearing. L ??? //- 6 - Zao Print Name Date Sign Marne Public Hearing Date: Posting Date - No Later Than: CDB: 11-17-2009 11-6-2009 CC: 12-17-2009 11-6-2009