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DVA2012-03001; 443 EAST SHORE DR; COURTYARD BY MARRIOTT � 443 EAST SHORE DR Date Received: 3/1/2012 11 :32:45 AM Courtyard by Marriott ZONING DISTRICT: Tourist LAND USE: Resort Facilities High (30 du/acre) ATLAS PAGE: 267A PLANNER OF RECORD: PLANNER: Matthew Jackson, Planner II CDB Meeting Date: June 19, 2012 Case Number: DVA2012-03001 (Related to FLD2012-03008) Agenda Item: E. 2. (Related to D. 1.� Owner/ Applicant: Louis Developments LLC Representative: Renee Rug�iero, Senior Project Planner,Northside En ineering Address: 443 East Shore Drive (includin�460, 462, 463 and 465 East Shore Drive) CITY OF CLEARWATER PLANNING AND DEVELOPMENT DEPARTMENT STAFF REPORT GENERAL INFORMATION: REQUEST: Review and recommendation to the City Council, of a Development Agreement between Louis Development LLC (the property owner) and the City of Clearwater as per Beach by Design and Community Development Code (CDC) Section 4-606. ZONING DISTRICT: Tourist(T) District FUTURE LAND USE PLAN CATEGORY: Resort Facilities High(RFH) BEACH BY DESIGN CHARACTER DISTRICT: Marina District PROPERTY USE: Current: The majority of the subject property is vacant with the remaining area containing three single-story structures providing 42 overnight accommodations units. Proposed: 134 Overnight Accommodation units, Restaurant of 6,500 square feet of floor area and 201 parking spaces (including 10 handicapped spaces) with a 0.72 Floor Area Ratio at a height of 84.2 feet (to midpoint of pitched roo fl. EXISTING North: Tourist(T)District SURROUNDING Overnight Accommodations ZONING AND USES: South: Tourist(T) District Overnight Accommodations East: Tourist(T) District Overnight Accommodations West: Open Space/Recreation(OS/R) District Intracoastal Waterway Community Development Board—June 19,2012 DVA2012-03001 —Page 1 of 4 ANALYSIS: Site Location and Existing Conditions: The 1.26-acre subject property is located at the northeast corner of East Shore Drive and Papaya Street which is within the "Marina" District of Beach by Design. The majority of the site is currently vacant with the remainder of the area developed with three single-story buildings containing 42 overnight accommodation units. Development Proposal: The proposal is to redevelop the site with a 134-unit mid-priced hotel including a 6,500 square foot restaurant. The building will be seven stories with the parking on the first three levels and a boardwalk along the intracoastal with a minimum width of 15 feet. The proposal includes a tropical modern architecture, which is appropriate and complements the tropical vernacular envisioned in Beach by Design, and includes a boardwalk along the intracoastal with a minimum width of 15 feet. A 50-slip dock previously approved under FLD2009-02009 is also to be constructed. Of the total number of slips, 32 will be available to the public with the remaining 18 slips dedicated to the hotel. The 32 public slips (marina)require a total of 16 off-street parking spaces. Parking for the hotel guests, employees and users of the marina is provided in a parking garage (177 spaces) in the first three levels of the hotel as well as accessory surface level parking lot (24 spaces) on the west side of East Shore Drive with a total of 201 parking spaces. Of the 201 spaces, 185 spaces are dedicated to the hotel at 1.38 parking spaces per hotel room. The remaining 16 spaces are dedicated for marina parking. 10 handicapped parking stalls are provided in the hotel parking area. 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 71 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: o Provides for the allocation of 71 units from the Hotel Density Reserve; ❑ Provides for a 15-foot boardwalk along the seawall of the property and to permit the general public to enter upon and traverse the boardwalk at all times; ❑ Requires the developer to obtain building permits and certificates of occupancy in accordance with Community Development Code (CDC) Section 4-407; Community Development Board—June 19,2012 DVA2012-03001 —Page 2 of 4 ❑ Requires the return of any hotel unit obtained from the Hotel Density Reserve that is not constructed; ❑ For units allocated from the Hotel Density Reserve, prohibits the conversion of any hotel unit to a residential use and requires the recording of a covenant restricting use of such hotel units to overnight accommodation usage; and ❑ Requires a legally enforceable mandatory evacuation/closure covenant that the hotel will be closed as soon as practicable after a hurricane watch that includes Clearwater Beach is posted by the National Hurricane Center. The Community Development Board (CDB) has been provided with the most recent Development Agreement. The City Council may enter into Development Agreements to encourage a stronger commitment on comprehensive and capital facilities planning, to ensure the provision of adequate public facilities for development, to encourage the efficient use of resources, and to reduce the economic cost of development. The CDB is required to review the proposed Development Agreement and make a recommendation to the City Council. SUMMARY AND RECOMMENDATION: The Development Review Committee (DRC) reviewed the application and supporting materials at its meetings of April 5 and May 3, 2012, and deemed the development proposal to be legally sufficient to move forward to the CDB, based upon the following: Findin�s of Fact: The Planning and Development Department, having reviewed all evidence submitted by the applicant and requirements of the Community Development Code, finds that there is substantial competent evidence to support the following findings of fact: l. The 1.26-acre subject property is located at the northeast corner of East Shore Drive and Papaya Street; 2. That the property is located within the Tourist (T) District and the Resort Facilities High (RFH) Future Land Use Plan category; 3. That the development proposal is subject to the requirements of Beach by Design and the Design Guidelines contained therein as the property is located within the Marina character district. Conclusions of Law: The Planning and Development Department, having made the above findings of fact, reaches the following conclusions of law: l. 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 (FLD2012-03001); 2. That the Development Agreement complies with the standards and criteria of Section 4-606 of the Community Development Code; 3. That the Development Agreement is consistent with and furthers the Visions, Goals, Objectives and Policies of the Comprehensive Plan; and Community Development Board—June 19,2012 DVA2012-03001 —Page 3 of 4 4. That the Development Agreement is consistent with the Visions, Goals, Objectives and Policies of Beach by Design and the Beach Walk character district. Based upon the above, the Planning and Development Department recommends the APPROVAL, and recommendation to the City Council, of a Development Agreement between Louis Developments LLC (the property owner) and the City of Clearwater as per Beach by Design and Community Development Code Section 4-606, for the property at 443 East Shore Drive (including 460, 462, 463 and 465 East Shore Drive). Prepared by Planning and Development Department Staff: �� ` Matt Jackson, Planner II ATTACHMENTS: ❑ Development Agreement with Exhibits ❑ Location Map ❑ Aerial Map ❑ Future Land Use Map ❑ Zoning Map Community Development Board—June 19,2012 DVA2012-03001 —Page 4 of 4 , 'a '� �. �. -�- •' -,- ' �� . .- - _ .. -,- - , . _., . „ ..� - , .� __ _:.�_ ;-u�. .. _ , � , .. 4 � ..: .. � .. �_,•:.. .. <:. . - �.. �.: ._.. .., - .'�--- -_. �n _ _ �, '..� � - g - ._>. _ .� �. . .��.:t�- � ._�_ �..-_.. . -�-� . - ta�-+. -- n . .;."� . . :� �5�s . � ... .. . �f. ..: 1 ... . ...'•.xY:�.`r' �.. � . . . ..� � T fi., ... .. � � � t, � `��..�µ. r.y _, _ . ��rS. +- �� Sx.:t�:e-.�t- ...: ...' $;. m . . . .. .;:m t..... �..��.�� . .:. .� . y.. ..., �k� . } �'�4. L .y'�' 'F1 ;�..* �F^�+1 l 4�.. ' rv. �v. View looking northeast at the proposed hotel portion of View looking north from the subject property the subject property , ��. � � 4 y�l ,��,,; fi:•, 4�, �%� 1' �� ;,l� ��' ��., � � � �� / �� •� 7 �'. 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AERIAL Owner: Louis Development LLC Case: DVA20 1 2-0300 1/ FLD2012- 03008 Site: 462 and 463, East Shore Property Size: 1.26 acres PIN: 08-29-15-16434-003-0080, 08-29-15-16434- Atlas Page: 267A 003-0100, 08-29-15-16434-002-0100 . -- -- _500 i '�Drs� ___ — f� � $BAYMONT ST m a � � �� SZ i _424 �� ., �n r.a� so I��u�nrna-� so �-- i ? �` �58 ao �v v V� �hv�hv��nm�q' " ' 495 44 i � 1 ; 59 490�r i � 483 �j 43J � 492� � T— � 60 I � i 2 � � � I �7 2 I i 18135 si ��i i -� — J 62 �� I I � 3 �485 3 49d i 1 2 63�i'�r° , f� �9 � q— � � 479 — ; � i 479 — I J j�� _ i 477 4 qg� W i 8 6 4 8 0 � r� — � 78� � �i�— 36� 5 490 5 48Q � — ss I —� i � 4 � — —e— I I 475 � � � 475 4 � 34 j �O� � 6 I (/) I 5 N I' 33 i � ---- 47�;�� L°p�~ — 32� ' A _ i ' ' � ' 6 — 31J I �4� � � — — — ao 8 464� ' a W � 471 ----- ° - - 29 1 i , � �_as� � �srzal e j s as� �43 46¢ � — 27J 10 470 j � �� g � 465 8 L 461 ~ zs � � � - �� r �, � � . � —� �� 11 11�qg ■ 463 9 � �� 45� �3?3� � !4 3 454 � — — — 7a 45 � ` �1 22 �Z j i�4 1� 12 ' • 10 �_ eo9 as i ^� I � `�9-�' � �s - , I �° 13as� �- - - - CLEARWATE ?' I i 20 7 454 j � e, �4�'- --� � �s - - -� � ■ �� az � - � ,a ,a �g •- - - 83 �� L A13 18� _ _ _� � oaa�� - �� - �� ;� �s I ■ i2 HARBOR --- - — - aau "1�9f��■ '°' is-� �----- � _5 � �j e I__N__1._._ $ 31 �� ' ,' Q � y 436 I ' -_-_ _ — __ _ 43`� --- -- — ) 441 1 W ' z _ _ _ � � i�- 4 �z� � � _ z _ i ass � a� - a, 430' �. ,}�g� ' �ll ; 439 Q � 42ANe�r40 � � � 3 I� � 423 3 i Q C — —�—� 39 � Q �� 4�8 r � — 4 — — — — � � � �3-a- �- - - 4 � � — — 9 1 38 � 429 54 � 1 Q 10 � 26 ;4� � �� — — — — � � — � — — — — — — 415 jz 3� ; 6 i ; � � —6— — — — — — � 413 13 A 36 � 422; 7 i 1 411 14 � � I 40716 � 35 y� � 423 $ i C e — — - - — ��17 N I ,�`4� — — — -- — i�03�jg � 34 �� EXISTING Owner: Louis Development LLC Case: DVA2012-03001/ FLD2012- 03008 Site: 462 and 463, East Shore Property Size: 1.26 acres PIN: 08-29-15-16434-003-0080, 08-29-15-16434- Atlas Page: 267A 003-0100, 08-29-15-16434-002-0100 w KENDALL �uanita Z � ❑ a �, �; BAY ESPLANADE z z RO CKAWAY Ambler / BAYMONT ST S Q � � ¢ PROJECT SAN MaRCO SITE v�i o��ph'/lV PAPAYA ST � Q �-- J � 4� Q LI.I W Z Z � O a Pier gp O c� ac Causeway Blvd � �a Q �EVO � m� LOCATION Owner: Louis Development LLC Case: DVA2012-03001/ FLD2012- 03008 Site: 462 and 463, East Shore Property Size: 1.26 acres PIN: 08-29-15-16434-003-0080, 08-29-15-16434- Atlas Page: 267A 003-0100, 08-29-1 5-1 6434-002-0 1 00 i � ^ �---�� soo� —�� r� — -- � v --- — � �; r-- -° ,1,�J�--��T—� � 499 n�i v v c v v ��n`u3 u"'i�i v°'i�o o�l � ? 2 � i I 4gp I� 495 �489 4 I I 483 I I� I � i 487 I I �� 484� � 485 490 � I Q �-- L�� I I 479 479 �-�---�j � I483 � i � 477 484I � I ��I I I 490� � 480' ? I —_ � I I I I �475 I � i�-- �v��j 470 � 472� � I I � I I�� i � Q Y---- I . I 470 I I W I i 473 i q73 SANMq/�L+pST � � aea� I � I I � 471 �— 4s� � 467 I I ��-��- ��/-��■� . � 46� � _ � 470I � 46i � 465 as2� � � r � � 46� � ■ � � �, Q � 453 � ��//� : 463 _ � 45� �„ � � �_45� I 451 ' ,� 451 --45 � i � 45y �1 I 449 � 454 ' I 45 � 449 � 45d Q � 447 � I I� i 1 � 4481 � II 443 i ��- 4 I ■ —. :� � 44� ` � —�_ �_ II � 440I �� AYA�T—� W P , >, --- - ---I ass �� ^I �- "� " `* "� Q � � j aar --�I �- 1--1 --� � --_j ; ��---- Q � � �431 � 432 � � 438� �425 - - — 430 � 429 --- W i 439 � � � � 427Meter y � 423 i I---— Z --; I i � � � � 428 I � � i I� i 423 I Q 29-------� � I �—_ I I 426 I �419 �I I I ��' I ' I � � j I 415 j I '' F 413 � I �2 I I II 411 — - � � I� '� 409 ' � 3A � I' I � 423B I �407 qp Ii �q4d?b—�------ � 411 � � j 483A � 408 � � ZONING Owner: Louis Development LLC Case: DVA2012-03001/ FLD2012- 03008 Site: 462 and 463, East Shore Property Size: 1.26 acres PIN: 08-29-15-16434-003-0080, 08-29-15-16434- Atlas Page: 267A 003-0 l 00, 08-29-15-16434-002-0100 Matthew Jackson 100 South Myrtle Avenue Clearwater,Florida 33756 (727)562-4504 matthew.i ackson(u�mvclearwater.com PROFESSIONAL EXPERIENCE ❑ Planner II City of Clearwater, Clearwater, Florida May 2011 to Present October 2008 to June 2010 Regulate growth and development of the City in accordance with land resource ordinances and regulations related to community development. Landscape plan review including: conceptual, and variance. Reviews and analyzes site plans and conducts field studies to determine the integrity of development plans and their compatibility with surroundings. Interdepartmental and zoning assistance. Respond as a City representative to citizens, City officials, and businesses concerning ordinances and regulations. Make recommendations and presentations at staff level at various review committees,boards,and meetings. ❑ Planner I Calvin-Giordano and Associates, Fort Lauderdale, Florida May 2005 to December 2007 Project manager for various development applications such as plat, site plan, rezoning and variances. In-depth government agency, in-house and client coordination to ensure that the projects maintained submittal schedules stayed within budget constraints and attained approval. Schedule and lead project kick-off ineetings, ensure municipal project conditions were resolved, produce supporting documents and make site visits as well. Research and prepare due diligence reports including subject matter such as zoning, land uses, densities, available public utilities and land development costs. Member of emergency mitigation committee formed to prepare and mitigate for natural or man-made disasters affecting Calvin, Giordano and Associates and local municipalities. ❑ Manager Church Street Entertainment, Orlando, Florida September 1999 to February 2004 Supervised and managed daytime and nighttime operations of a bar and nightclub entertainment complex including 100+ staf£ Conducted hiring and training operations including security and inventory control. Managed and reconciled nightly gross revenues as well as preparing and delivering deposits. Assisted in taking inventory and preparing weekly inventory orders, marketing and special events. ❑ Linguist US Army, Fort Campbell, KY October 1991 to October 1995 Maintain fluency in the Arabic language and knowledge of customs and culture as well as military readiness for possible deployments or training operations. Co-managed intelligence gathering operation in Haiti including coordination between multiple Special Forces units and civilian authorities. Interpreter between U.S. and Egyptian soldiers during training exercises. Liaison between Special Forces battalions to coordinate certification training. EDUCATION o Master of Arts,Urban and Regional Planning,Florida Atlantic University,2007 ❑ Bachelor of Arts,Urban and Regional Planning,Rollins College,2004 LL ° ( ��j��r Planning&Developtnent Department � v �' �� Devel�pmerit Agreement Application IT IS INCUMBENT UPON THE APPLICANT TO SUBMIT COMPLETE AND CORRE(;T INFORMATION. ANY MISLEADING, DECEPTIVE, INCOMPLETE OR INCORRECT INFORMATION MAY INVALIDATE YOUR APPLICA'TION. ALL APPLICATIONS ARE TO BE FILLED OUT COMPLETELY AND CORRECTLY,AND SUBMITTED IN PERSON (NO FAX OR DELIVERIES) TO THE PLANNING & DEVELOPMI:NT DEPARTMENT BY NOON ON THE SCHEDIILED DEADLINE DATE. A TOTAL OF 11 COMPLETE SETS CJF PLANS AND APPLICATION MATERIALS (1 ORIGINAL AND 10 COPIES) AS REQUIRED WITHIN ARE TO 8E SUBMITTED FOR RCVIEW BY THE DEVELOPMENT REVIEW CG�MMITfEE. SUBSEQUENT SUBMITTAL FOR THE COMMUNITY DEVELOPMENT BOARD WILL REQUIRE 15 COMPLETE SETS OF PLAIVS AND APPLICATION MATERIALS (1 ORIGINAL AND 14 COPIES). PLANS AND API'LICATIONS ARE REQUIRED TO BE COLLATED,STAPLED AND FOLDED INTO SETS. THE APPLICANT, BY FILING THIS APPLICATION, AGREES TO COMPLY VhIITFI ALL APPLICABLE REQUIREMENTS OF THE COMMUNITY DEVELOPMENT CODE. APPLICATION FEE: $1,500 PROPERTY OWNER(PER DEED): Louis Developments LLC MAILING ADDRESS: 630 South Gulfview Blvd. Clearwater, FL 33767-2642 PHONE NUMBER: 72�-443-2869 EMAIL: AGENT OR REPRESENTATIVE: Northside Engineering Services, Inc. MAILINGADDRESS: 300 S. Belcher Road, Clearwater, FL 33767 727-443-2869 Office - PHONE NUMBER: Housh Ghovaee, CEO 727-709-0943 lioush@northsideengineering.net EMAIL:Renee Ruggiero, Senior Project Planner 72�_z35-8465 renee@northsideengineerng.n ADDRESS OF SUBJECT PROPERTY: 443, 460, 463 and 465 East Sho�_e Drive PARCEL NUMBER(S): OS-29-15-16434-003-0080, 08-29-1�i-16434-003-0100, OS-29-15-16434-002-0100 LEGAL DESCRIPTION: See Attached Legal Description PROPOSED USE(S): Overnight Accommodations DESCRIPTION OF REQUEST: Please See Attached Narrative SpeciJically identify the request (include all requested code flexibility,� e.g., reduction in required number of parking spaces, height setbacks, lot size,lot width,specific use, etc.J: Planning &Development Department,100 S.Myrtle Avenue,Clearwater,1=L 33756,Tel: 727-562-4567; Fax: 727-562-4865 Page 1 of 7 Revised 01/12 LL o Planning &Development Department � earwater Develo merrtA reementA lication p g pp � Data Sheet PLEASE ENSURE THAT THE FOLLQWING INFORMATION IS FILLED OUT, IN ITS ENTIRETY. FAILURE TO COMPLETE THIS FORM WILL RESULT IN YOUR APPLICATION BEING FOUND INCOMPLETE AND POSSIBLY DEFERRED UNTIL THE FOLLOWING APPLICATION CYCLE. ZONING DISTRICT: Tourist "T" FUTURE LAND U5E PLAfN DESIGNNTION: lzesort Facility High "RFH" EXISTING USE (currently existing on site): See Site Data Table PROPOSED USE(new use,if any;plus existing,if to remain): See Site Data Table SITEAREA; 54,929 s.F. sq.ft. 1•z6 acres GROSS FLOOR AREA(total square footage of all buildings): See Site Data Table Existing: sq.ft. Proposed: sq.ft. Maximum Allowable: sq.ft. GROSS fLOOR AREA(total square footage devoted to each use,if there will be multiple uses): See Site Data Table First use: sq.ft. Second use: sq.ft. Third use: sq.ft. FLOOR AREA RATIO(total square footage of all buildings divided by the total square footage of entire site): See Site Data Table Existing: Proposed: Maximum Allowable: BUILDING COVERAGE/FOOTPRINT(1"floor square footage of all buildings): See Site Data Table Existing: sq.ft. ( %of site) Proposed: sq.ft. ( %of site) Maximum Permitted: sq.ft. ( %of site) GREEN SPACE WITHIN VEHICULAR USE AREA(green space within the parking lot and interior oF site;not perimeter buffer): See Site Data Existing: sq.ft. ( %of site) Table Proposed: sq. ft. ( %of site) VEHICULAR USE AREA(parking spaces, drive aisles, loading area): See Site Data Table Existing: sq.ft. ( %of site) Proposed: sq.ft. ( %of site) Planning&Development Department,100 S.Myrtle Aveniae,Clearwater,1=L 33756,Tel: 727-562-4567; Fax:727-562-4865 Page 2 of 7 Revised 01/12 LL o Planning &Development Department � earwater Develo meritA reementA lication _ � p g pp " Affidavit to Authori�e A.g�nt/Representative 1. Provide names of all property owners on deed-PRINT full names: Louis Development, LLC 2. Thal(I am/we are)the owner(s) and record title holder(s) of the following described property: Parcel Numbers: 08-29-15-16434-330-0080, 08-29-15-16434-003-0100 and 08-29-15-16434-002-0100 3. That this property constitutes the property for which a request for(describe request): A comprehensive In-Fill Re-Development Application to a:11ow Overnight Accommodations 4. That the undersigned(has/have)appointed and (does/do) appoint: Northside Engineering Services, Housh Ghovaee, CEO and/or Renee Ruggiero, Senior Project Planner as(his/their)agent(s)to execute ahy petitions or other documents necessary to affect such petition; 5. Thafi this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property; 6. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City representatives to visit and photograph the property described in this application; 7. That(I/we),the undersigned authority, hereby certify that the foregoing is true and correct. �_ SrL�r�z�� .�S�C-='��-��,�,c��,�� ,� Property Owner Property Owner Property Owner Property Owner � STATE OF FLORIDA,COUNTY OF FINELLAS BEFORE ME THE UNDERSIGIVED, AN OFFICER DULY COMMISSIONED BY THE LAWS OF THE STATE OF FLORIDA, ON L�J'7 THIS� _DAY OF !��t��j yv� , 4�E�/ ,�7 , PERSONALLY APPEARED �''" /�r��—��?�-�!-,`� �7��,�� WHO HAVING BEEN FIRST DULY SWORN � �,� Y UNDERSTANDS THE CONTEf�TS OF THE AFFIDAVIT THAT HE/SHE SIGNED. ,�u��"„ KATHE .� E � `5*RY Pve�'�. �4 „`�; Nofary Public-State ol Florida �• ` w�:My Comm.Expires Sep 16,2013 / '" Cammfssion# DO 925254- s� .�^` D � ��C.�� :��OF F��O` �vr��,`..., �� Bonded Through Natfonal Notary Assn. �I tary Publir,Signature Notary Seal/Stamp My Commission Expires: t�,� ,J�^ c��.� Planning 8�Development Department, 100 S. Myrtle Avenue,Clearwater,1=L 33756,Tel: 727-562-4567; Fax:727-562-4865 Page 7 of 7 Revised 01/12 / IMPERVIOUS SURFACE RATIO (total square footage of impervious areas divided by tFie total square footage of entire site): Existing: See Site Data Table Proposed: Maximum Permitted: DENSITY(units, rooms or beds per acre): BUILDING HEIGHT: ExiSting: See Site Existing: See Site Date Table Proposed: nata Table Proposed: Maximum Permitted: Maximum Permitted: OFF-STREET PARKING: See Site Data Table Existing: Note:A parking demand study must be provided In conjunction with any request Proposed: to reduce the amount of required off-street parking spaces. Please see the Minimum Required: adopted Parking Demand Study Guidelines for further information: WHAT IS THE ESTIMATED TOTAL VALUE OF THE PROJECT UPON COMPLETION? $ 14,000,000.00 ZONING DISTRICTS FOR ALL ADJACENT PROPERTY: North: Tourist South: `rourist East: Preservation West: Tourist STATE OF FLORIDA,COUNTY OF PIINELLAS � I, the undersigned, acknowledge that all Sworn to and suk�scribed before me this__�_day of representations made in this application are true and �y ,,,� �y � accurate t the best of my knowledge and authorize —.�•to me and/or by City p esentatives to visit and photograph the �� "�1�� '' _,who is personally known has ' pro erx described in this application. � produced �r � � as identification. ''� �,,,,°.�-� �-•�---- /� / -- '�°"� �l,�`��- "" �� ., _ ...__ _ , .. ___ _ — gnatu e of property owner or sentative Notary public, My commission expires: Q�► � 1 . ,a�tp0.Y pUe �.'o RAM A.GOEL R * MY COMMISSION N DD 949832 a, EXPIRES;May 3,2014 �''�;;F F,o�` Bonded Thru Budget Ndary 5tayfces Planning&Development Department,100 S.Myrtle Avenue,Clearwater,PL 33756,Tel: 727-562-4567; Fax:727-562-4865 Page 3 of 7 Revised 01/12 ' I#: 2005302971 BK: 14998 PC�: 2180, n8/02�2005 at 03:16 PM, R�CORDING 3 PAr°S $27.J0 L1 DOC STAh1P COLL�L;CTION $42 �0 KEN BURK':�, i;L,iSP.K OF CI�URT PINELLI ' COUNTY, FL BY DEPUTY CLEP.K: CLKDMB� f� 1) )l.) ')_• �U"` � i)i,• � � �/'� . � � � � � � � '--? � . ., i ` � WAIZI�NTY DE�D ,',� , , ', , i , �, � � , � T�IIS INDENTLJIZE, made and executed this 29th day of Jul y � 2005, by,-�;; � � � � PASCHOALENA POTTER, an unmarrted person hereinafter called the grantor,to LOUI�`,' __ llEV�LOPMENTS,LLC., a Florlda limited IiaUlllty company,whose post office address�i� `� �� 630 S. GulfvieN Blvd., ClearNater, FL 33767 ,hereinaftercalledthegrantee: �, `, ; ; (Wherevar used herein the lerms "gtantor" uid °grantee" include all the parties to this �-' instrumenl and the haus,legal representatives and assigns of individuals,a�d�t�he successors and assigns of corporations) WITIVESSETII: That said grantor, for and in consideration of the s�o�I'e�azid,no/i00 ($10.00)Dollars,aad other good and valuable considerations to said,grantor it�haii¢�ud�by said grantee,tiie receip[wiiereoT is iiereby acicnowiedged,i�as�ranted, �argauied�ati�soid io tne said grantee,grazttee's heirs,successors and assigns forever,tlie followutp d�scpbed land,situate,lying and Ueing in PIN�LLAS County,Florida,to-wit: -� . �„� �,' ,'� APARTMENT UiVIT 12 OF TH�FLEA7�YROI�EI,iTY DE5��tIBED � IN THE ATTACIIED EXHIBIT"A"A'I'�A'�H�I?I�ER�'I'Q�AND MADE A PART�IER�OF COIVSTIT�1`�'IN�,'�`F�E�i�iP�I'ySTEAD Or T�IE GRANTOAL 5UBJECT'1'O EASEMENTSf�OVFN'ANTS,RESTRICTION5 AND RE5ERVATIONS OF RE�.'O-ItD(NONE�OF WFdICH HAVE BEEN REIMPO5ED HERE131�'A�YD'��S FQ�t THE YEAR 2005 AND ALL SUI3SEQUENT YEAR�S.�� TOGETHER w1tSi all the tenEntents,hereditaments u�d appurtenances themto belonging � � or in any wi's8,appei�aining. � � , , TO IIAVEY1�lD'TO�iOLD,ilie same in fee simple forever. AND�I�e�rac�tor�tereby covena�its wi8i said grantee that it is lawfully seized of said land in fea simple; that�it'laas�gobd riglit an lawful authority to sell and convey said land;that it liereby fully waTr�nts tl�e titGe,to said land and will defend the same against the lawful claims of all persons whbrrisoever, ' ' � � � IN WITN�SS WfI�REUI+,Grantor has caused these presents to be executed in its nazne � Tliis Instrumeut Yrepnred b � T eturu . WILLIAM J.HIMPTON,E5QUIRE � HIMPTON,BUI2KE&BOBENHAUSEN,P.A. 28059 U.S,I�ighrray 19 North,Sulte 100 Clennvnter,Florlda 337G1 ��- � ' PINPLIJIS CUUbT'PY PL OE'P'. R}?,C. f3.Y. '98 PG 7_181 � ,'� � � tkae day and year first above writ:teii. ', ', ---� � . , ,��w�av� �7 �.l.11J.— ,��, 'aschoaleua Potter _ _ ° �.d�►`� ��,' - --•�� i �.�� , S�L � , , ` , ; S'Z'AT'�O�'I��,OZi�AA �,� ,. . - � , ��; COUNT'X OF PZ1Yi,LLAS � , � � � , I I�I,�2�13Y C�'R'I'IF7C,ttiat on this�qday of ,2005,before me,a � __ Nota�y Public,in and for the State of Florida,duly commission and sworn,persoually appeared Fnsd�oalena Potter,ac�uumarried person, (✓�who is person ly known to me,bx F�)who has pxoduced lier driver's license as i.dentification,and wl�o executed the documqnt hereiri de�cribe�fq% be 3iis ftee act aud deed,azid who( )did(�did not talce an oalh. � �,�� ii:YYA/.li�J�ir7GZ.i,ncGVi+,i iiave itereunio subscribed my name anp aY�txed ii1j�seal ot ofI'xce the day and year last above writtetz. `� '� — � � - .� �� Ni�tary Public My coxnnaissio�z ex��ix�es: � � , �� cap F.�^+r�e �r,�c«�i�.+«,oaz+eaao `��,�,;,�' �pre,rroverro�r zo,zoo� ��,' �� I �i � � � i � .1 i �,/ � � �ITIELI.�S CUUII'i'Y 1�'L QFP. FtL'C. }3K 1�Q98 PG 2182 _ .�i i � i i � � i ---_� � � `� , . ��,' i � . � � �� \ , ' �� ' .. , �� -\ --' � � �� Lot 8 nnd tha Norll�erly 45 feet of L.ot 9,Block C of the subdivision entitled"A REPLAT ` \ OF BLOCK A ANA LOT,> 1 TO 15,INCLUSNE,BLOCK B,CLEARWAT'E:R BBACH FIFtST AI�I7I'['ION",according[o the map or plat U�ereof,as recorc�t�d in Plat Book 21,Page 2 i,of tha Pub(ic Records of Pinellas County,Florida,togethex wilh all rigl�t,title and interest in atad tcr any and all land and submerged land lying Eastio,f said L.ot 8 and Uia Northerly 45 feet of I,ot 9 and bounded on the$ast by t}ie�We�t�\m �. Uouudary of the Chtumel in Cl�arwater Bay, � .. �� , � � � \ � ��,' � -, � , I/ � � � � � \ \ I I � \ / / / I/ � � � � \� \� \ I I \\ / / / �\ v \1 1 / I ��Qp�l� ,� !�� .� � l .,: �.. " __ ____--__ __'' -_ ' _ _ _ T_ __ ' r --� - _, ____ __ __ ' __ _-_r _____'___'_ _ __'_-._ $1H.50 D DOC STAMP COLLECTION $Q.70 KEN IIURIQ��, CLERK OF COURT PINELLAS COUNT,Y,, FL BY DEPUTY CLERK: CLKDMC5 , Prepared by and return to: ' ' „ Gary P. Cors, Esquire ,__ ', ', Staack; Simms &Hernandez, P.A. ----=� �� 900 Drew Street ' ' � �� ,' '� , Clearwater, Florida 33755 � �� ',� , , , , . , , ___ � , ,', -- �. �, , , �, � '� ', , , , � , OUIT-CLAIM DEED � ' � � , , � � , , , � _�; , , �' � -- TI�IS I5 A DEED OF CONVENIENCE FOR W�fICH �'� �'� MINIMUM DOCUMENTARY STAMP TAXES AR�,DUE ,� ,' . . „ THIS INDENTURE, Made this �s�day of �ecember, 2009, between CHARLES F. BARBER,a married man,whose mailing address i�235 Pine R�Q'ad,Belleai,r,FL 33756,party of the first part, and LOUIS DEVELOPM�NTS, LLC, whosemailirig,ac�dr�ssis 630 South Gulfview Blvd., Clearwater, FL 33767,party of the second part. �,`;�,'�, ��;�,'� � , , , � ,�', WITNES�S�,TI�:�; -- . , , '. , ,�, -, , , , That the said party of the first part,�for and�f�coiisideration of the sum of Ten Dollars ($10.00),and other good and valuable�v�sit�e�ations tp�t in hand paid,the receipt wliereof is hereby acknowledged,has granted,bargaii�;ad,s�'d aiid cor�ve3�ed,and by these presents does grant,bargain, sell, convey and quitclaim unto�ke said�iar.k�of tfie second part said first party's interest in and to � that certain parcel of land lyiri�`and,�i�ing irl.zhe Co�.uity of Pinellas and State of Florida, more particularly described as fol�pws:�, �, , , ,, , ., All land and subii�rg��Y�ands lying east of and determined by the easterly extension of the no�lir�os��r�d,�autlunost boundary lines of the property described as: the Southerl�� 15 feet b��,o��, and all.of Lots 10, 11 & 12,in Block"C", according to- - - t�.R�-�PLAT OF;BLOCK "A" AND LOT� 1-15 INCLUSIVE, BLOCK "B" CLEI�RW�1'F�R I�I�ACH PARK FIRST ADDiTION---as recorded in Plat Book ,'��,P��2�of tfie Public Records of Pinellas Caunty,Florida said submerged lands �, ��eijigbourici on the east by the western boundary of the Charuiel in Clearwater Bay, , <�� '"�upje�ct'to the mineral rights reserved unto the Trustees ofthe Internal Im��rovemeut ` ' F�.u�d set forth in Deed I3ook 333, Pages 190 -191 in the public records in.and for � �-l�,i�iellas County, Florida. Parcel No.:08/29/15/16434/003/0100 SS# TOGETHEK with all the tenements,hereditaments and appurtenances,with every pr.ivilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or in anywise appertainii�g; � � /J A_L Xr. • �'IN��,I_115 COU[1`�'Y E']� OF_'F'. RI'r J�I{ 7_6786 PG 525 .� I TO IIAV�AI'1D 'I�O �-IOLD the sat�lo ita fee sinrtple forf,ve��, without warranty, �, �� ,_11�'11 I'at�ty�of tl�e�'tz'st part herewith aff rmatively represe�zts .��d�attests tliat lhe z�eal estate beirtg--__,�, tt�a�isfex�ed and aliei�ated l�ereby is i�ot tl�e homest�ad of said party of tl�e ftrst part , � �, '� , IN WITN�;SS WH�REOr,the said party of the first part has hereui�to set la�'s lla�d,��d'seal tl:za day and year first abovc written. �� '� � � � , , , „ '� � __ , , � WITN�SSLS: -� __ , . � , �`, , � , �t C�� - ��,�� 1'rii�ted��(.Sf�'N � S��;,�� CI�IA �S F. BA �R _-_ -Il(%�!J " ' � Pz"il7ted: � �.\` �a.i�.�l1!_�. , , � � , `, . � _ � `� ' „ s�z,n�z,L or rz.oluv�� -� � � ,�, � COUNTY O�'PIN�LLA.S ; ; �,��, �� , , � � , , „ I I�]3IZ�T3Y C�R'TIFY, Tlza�pn tlus day,�e1`0fe ine, an officer duly authorized in tlle State ai�d Cour�ty aforesaid to tare �elcnowleclghaet�ts, ��ersonally a.ppeared C1larles F. narber, wllo is pe�-sot�ally��owz� to ia�e or v,�l�,o�ki�s,pi�dciuced''' as idezltification. � VJITN�SS n�.y hand and,�lCc[al;�eal in the County and S�tate last aforesaid this 2��day of ._��J�-�.�s.� -�-2�009�, ',� � . �� ',�� , � , � ' � � , � � � , � ,. , �`-- N�t<�ry Public My ca�i�%�ISSion e�l�ires: Prii�ted: � Q:v�rmnAnsrnsomCi��:.iQ ec�r.�t Qn�c-oeeo.e.�nR,��d . , ' ' ?qtt�� E�FIf�Bf'Ei (3. �afile� � ' ' =��' �=Corrxiiiasfon�DQ552572 ,_ '��.�.�-�Expirea,June t3, 2D10 , � MnI�N TnY fMn•Mim+MnM,pM fQ0.A7i.1P11 1 �� r\� � 1:11 : 2005302970 73K: 1.4498 PG: 2177 '�8/02/7_005 aL 03:16 PM, REr,�RDING 3 PF , $27.00 U DOC S7.'A1dP COLL�F,C'1'IO2d S17 00 Y�PPI BURKE, CLPRK OF COUR`P PINET_�a COUN'i'Y, F.'L� BY DkIPU`t'Y CLL"'RK: CLItUMBb \ \ ��. � ',7° C,l�` �� I1 , �)t,1'i.l��'�'' l'\' `V� ... ' �� ,- �, :;��y9 �� , � � _ �-- 1 '\ \ , � , ��'ARI:ZAI'�Z'Y D�I;D - �' ; , i � �, � , � � , � 'J'IIL5 ZNDJ�'N"�'URI7, mi�de azld executad tl�is 29th day of �uly _, 2005, Uy--�. � ' ' Fh.SCiIOAL'7�IVA POTTER, au utzmnrrled perso❑ hereinafter called the grantor, to LOU�S�� -- D�+VrLOPM�IV'L'9, LLC., n i'[oridn Uculted liabillty cotnpany,whose post ofiice addres�is `, `� � 630 5_ Gulfviex Bl vd,, Gl�arwater, FL 33767 ,hereinailer called tlie gra��te<;: ` � ' ' � (Wl�erevez used ]zerein the temis "gratitor" and "grantee" include all llte parties to this �'-- instn�iitexit ar�d U1e heirs,legal representatives aud assigns of individuals,�ad tliF�successors aiid assigns of corporations) VVI�'IV�SSE��I: Tliat said gruitor, for and in consideration of t�lte siun,oFTen�alid Nof100 (�10.00)Aollars,aad otlzer good and valuable eonsideratioris to said grantor in h�tdp2i��y said � grautee, il�e receipt wliereof is liereby acknowledged,lias gra��ted,;b�tgained and'sold�o the said � grazltee,grantee's heirs,successore and assigns forever,tl�e follawing�lescribecl�and,situale,lying and being ii�PINL+'LI:AS Courity,Florida,to-wit: --- , �� I,... , � `, �, � '� � �S��XII'iB1'�' ��A��A�"I`ACII�ll FILIl�"I'O.AI��1)�IYlAD�,A,YART IIERI;O� SU�3,JEC'I'7'O I;AS�,MI�N'�S,COV�I�AIV�\�;RLSTRICT'IONS AND ?�I�S]G??VA'i'I�NS c�r urrp�r)'mtON��WIIi�?z�HAV�?,�EEN 1ZEI11�POSED HI�REI3X)A1VI7,TA}�1�,5�OR TEII;YI,AR 2005 AND A1,L SUDSI:QUI?,NT XL9�: `i'OG�TF��I2 wifh a11 ilte tenemei�ts,heredita�nents and appurtenu�oes thereta Uelonging or in airy wise a�ipertait�ing; `� , , I � � � "I'O IIAVL AIVll:TO�I�OLD,the�sartie in Cee simple forever. AiVD t1i��gzanlQr lie�abjccovetianLs with said grantea tl�at it is lawfulfy seized of said land in Fee siinple; t�ta��it�laas-goo(1 Yig}it;an lawful aufhority to sell azid co�vey said land;that it hereby fully wartaiats,llie litl�e�tp said land and will defend tl�e same against tlie lawful claims of�all persons w]ioznsocver�, `� ., � �IT��WITIVCy��WI3�R�+OT',Grazitor has caused these presents to be executed i��iLs name _ �'T C 'I'�is Izxstrix�tie�at PrepAFecf•lry-�III�71 e ul�rii��o`T W7I�LZA.11�,T.TQAZPI'OI`I,rSQUIFiI; ��,[]1�I.'1'OI`l,I3UItI{T��c�30B�P�I�AUS�N,P.A. 2f3059 U.S. lil�h�vny 19 IVorth,Sulte 100 Cteaz-r�ti�n[ex-,Tlox�ldn 337C1 � �/� i , PI7�IE],J�AS C;OUC�'J'i FI� O�'F'. RL;C: F3I{ 1�' "`'8 PG 2178 tlt�d�y aald year 1"zrst above wt�ilteiz, ,�� „ � � � � „ -n !I� _ � , r" ' (�/'7(�(i(�rv'�.G71.. JI�� - � aschoaleian�Potte►• " �� \, — , � , , 7 Y( �}t-' � �rvc �. � WTQfV _ _ ,' , ., � , �, , , � ��rnz��,Ur r�ozuUn. � '� �� ' , , � coUZV��r ox�i�zrr�z,z,�s -: _ I TZ�RL+'I3X GTrIiTII+S',thal ou qiis�day of- ,ZOO:i,before ine�a, �� NotaryPulilio,izi and for lhe State ofPlorida,dul commissio d and sworn,person��lly.appeazed �� ' � I'nscliorilenr�Pofter,au,unma��riec��ersozx, (,/�wlio is pecs �ally Irnowtt to zne,or O who has ' __, produced l�er�lriver's liceAase as identification, nd who executed the documei�t heceiiX descnbed to be I�is fi�ee acl attcl dead; and wlao( )did( �did not lake an oath. II'�'W,["�'I'1�SS WI��FZI�Oi+;I liave hezeunto sul�scribed my naJU�ancl af('��c;d znyseal'of � of'fiee tlie day and yaar last above wciltetz. ` � �' � � � " , �AII;�' - `1rYL � ` Not:uyPublir, My cozz�mission axpiras: � , , , �� r��+'�yj� CeM L.Wyry�q �� . ��,F��I�.�Clrriti,i��skxl'pp237830 a:1''_F°V�*-Nbvemborzo,2oo7 i i �� i i i . V �i i r i � � fr� � � � � I#:• 2005270950 BI{: 14997 P^� 740, 07/�3/2005 at 09;07 AM �I�CORDING 2 PAGE�B � $1B .50 D UOC S'CAMP COLLPC N $37_500 . 00 I�N r3URKF�, CLERi E' COURT PINELLAS COUNSY� L'T BY llEPUZ'Y CLEF2K: CLKPRI2 Prepared Uy/retw�z to: ' Nickolas C. Ekonoinides Nickolas C.Eko.nomides,P.A, ', '� 791 73ayway Boulevard ' ' Clearwater,Plorida 33767 _�--1' ' . • , , , (y'1�,�'.�' ,- �. i��' r i . � 1 �� i i \ i GENEItAL WARRANTY DEED ,' �' ' __ THIS WARRANTY DEEll,Executed this��day of�2005,b.y k'NE OA`(CS�SOUTH�J�LC,whose address is 5315 Doazdwalk Street, Holiday, Florida 34690, Grantor*, to LOUIS DEVELOPM�NI'S, LL'G,_�Yhd�d address is 630 Soutl� Gulfview Boulevard, Clearwater,Florida 33767,as Grantee*. �-' WI'I'NESSE'I'H,t(�at saiti Grantor,for azid iu consideration of the stun of��$�0.00 auc�oil�er valuable coi�sideratiou to said Gzautor ui liaiid paid Uy Gzantee,the receipt and whereof is hereUy ackno,wledged,}�as�ante�l;bazgained,and sold to tha Graatea, arid Graailee's heirs and assigns forever,the following described laud,si�iiaterfyia�g anYi being in the County of Pinellas,5tate of Plorida, t�wif: � ; , � � Tl�e Southarly 15 feet of Lot 9,and all of j,ots 19,�1,a�d 1�,�Bl.�ck C,A Replat of Slock"A"and Lots 1 Yo 15 incl.Block"B"of Clearwater Beapii Paik Fir,st Addition,according to tlie map oz plat tlzereof as recorded in Plat Dook 21,Page(s)21,�'�blic Records ofPuiellr�s County,Florida. � . � � „ Parcel ID#08/29/15/16434/00�/0'1p0� �� -- Said property is not fhe l�omealeacl�of tl�e,G%�ntbr.. �, � S UJ3J]�CT'I'O covenaiits,re"s�Y�ictions;easexnents avd reservations of record aud taxes for t.he year 2005 and subsequec�t � years�ot yet dita azzd payable. TO�iAV�AND'�'�-�IOiyD�tfi�game together wiih all and singular tenements,hereditarnents and appurteuances thereutilo � belonguag or in anywise��ertaining��d`a11 the privilege,right,title,ivterest,estaYe,lien,equity and claim wl�atsoever of Gruitor, eitlaer in law oz equity,tb the oiily prbp�r use,benefit and behoof of Grantee in fe�e simple forever, . � � AND said Gtaritortioes hereby fully warrant the title to said land,and wila defend tl�e same agaiast tl�a lawful claitns of all pexsons wharfLSOevex_ *"GA�anloit�ah�d"Grantee"aze used for singular or pl��ral,as co.ntext raquires. `��;� IN 1'VItI'1�i�S�S WHEREOF,Grazxtor laas signed and sea�ed these presertts tl�e day and year first above written. I � � ,' ,� �. Signed;Se�l-a[ut'Delivered ui flie presance of: � , FN�OAKS SOUI'H;LLC � 1�� W1Luess n ( /'D B JosetteDoherty Pruil N�me:�!' �-i,��l.✓?(��`��r Its: Managing Member � iluess Prinf Nat i ;__,f1�,t� _.Le�� -- � PINT',]aL1�S COC7C]'1'Y ]�li OL'k'. YT�C. E3IC " '98 �G 2779 1 . . - , 1 . . ��:hib�i: 4�A_" �9,ttaG�.zxzez�.t ,�, „ „ � � , � --- , � Paz�ce] 1: -` �--- z.ocs io a�,a z z �to�x„�„—��z;�.�or ai ocK,��,,�lv�Loz�s t-zs, "',�,, \ INCLUaIVB,BLOCK"B",CLBARWATER BEACH PARIC,FIILST ADDITI(�N, � ' aocording to tkze inap or plat thereoP,as reeorded in Plat F3ook 21,Fage 21,of tli�e Public - � I�ecoxds of Pinellas County,Florida. ' �',' � , Parcel 2: i , �� `, , I.ot B and tlae Noithecly 45 feef af Lot 9,Block C of Il�e subdivisioii entitled"A REPLAT __ ` ` � � � . � � OF BLOCIC A.ANA LOTS 1 T(7 15,INCLUSNE,SLOC�C B,CLEARWf1TE.]Z -' -- � B�ACH�IKST ADDITION",acoord'tng to the map or plat theceof,as recorded in Plat � �� -^� J Book 21,Page 21,of tha Public Recorcls of Pinellas County,Flbdd�,together witll all �� , �� aiglit,title a�id it�terast in and.to any a�zd all land and submetged land lying East�of said ' ' J_ot 8 and tl�e NorU�erly 45 feet of Lot 9 and Uotmded on tlie East by the Westerrt. _� bouuda�y of llle Cliamiel izi Cloazwaler Bay„ less and except Apartn�enC UniiC �12. � � �_ � � ' � � ' , , , , � —-..,,.� , `� r'' -- � ,'. �� , `� , � , � , `, , � , � ; . i , �� ` , , � �\`� „ � � ��i NA�M� � �..,��.:..m w,�.Nm��l� �� a � � �.�1�"� I�.� �� ,��'� � f� . This letter will serve as autriorization For l-�ousl� Ghavaee (agent Name) with 1'�!or°thside Cnqir�eerin��>eivice�, Inc�, � �to �ct a�� an ag�nfi for ' Louis Developrr�e��ti, LLG � (Property Owner's Name) And to execute any and all documents relatecl i:o securing penr�it�� and � approvals for the cori�5[ructi�rt on the properly generally locatecl at 4�3, 4G0, 4G2, �63 �nd �65 E=as� �ho�e DrivE; � (Property Location) PINELLAS County, State of FL_ORIDA. i''L.%i,�C_�'J.: ` .-1.(< _= ��, -, i��./y ,J -r� � i c� 1� t Q:f�' ._e.�z�t"s�'L.�(�_,C_:�-' �i�/C�,"� �j� ✓✓ �il' � )'��.��L�-=)�L.��"J,.� Signature oF Propei�y bwner Print Name of Properfy O nw ei ��' � C�L�''� -C;�f,�'/(�c�� ri'�i��'J'1 T— Aciciress of Proper[y C)wner Ti(le �,��`�7l'G��'�-�1� _�� _�,.� ��f� � _ �� :. City/S�late/Zip Code � Telephone Numb�r � -.�..�....�_____._��) State o( �`;Q�c��-� The foregoing instrument was acknowiedge before me this�day Counly o� �� 7>> of "" �� ,�1�'��,�, 20�, bY� ; .'7 /, ,,,�°- I,��:l��'.� �-� (.��.� cf��lJ / /,_ who is �ersonally I<nown to me or who has produced ��__,__ � �„H identitication and who did (did not) tal<e an oath. �'�ii'vn'w�,, KqTIiERINE J LEDBET'fEfi ?��' `t�: Nolery publlc-5fale ol f�lorlda � ' « * •� My Comm. Expires 5ep i6, 2U13 `l � y,�,�',. �� Gommla9loti # UD 925254 - !--._ ,j ��0��'�� onded 7hrough Nalional Nolary�s�. ��'�� /. /_��1 °�"�°`�""°�`�"`�° ��> � � �C��,C.��-•C.�Notary Public (SignafiueE,� �. Comtnission �# ,�_ � �-a..j,_ ,..7-� `�� 1��.�f�._t_( - (SEAL ABOV�) �{j�ji�.{� �,��:. �,• �" Name of Notary Typed, Printed oi Stampecl) .. - - e1s'��umrmntx�n�.�e.emz�c,�e.�iear�pan�e�u.�+m�.. . . � nauw.r�en.M.+«en....o„nn - .e,..�.,ex...m i • . � DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT ("AGREEMENT") is dated the day of , 2012, and entered into between Louis Developments LLC, a Florida limited liability company ("Developer"), its successors and assigns, and the CITY OF CLEARWATER, FLORIDA, a municipality of the State of Florida acting through its City Council, the governing body thereof("City"). IZ�CITALS: 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 Goverr�nent Development Agreement Act ("Act"), authorize the City to enter into binding developinent agreements with persons having a legal or equitable interest in real property located witlun 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, 13each by Design proposed additional hotel units to equalize development opportunities on the beach and ensure Clearwater Beach remains a quality, family resort coinmunity by further providing for a limited pool of additional hotel units ("Hotel Density Reserve") to be made available for such mid-sized hotel projects; and WHEIZEAS, the Developer owns and controls approxiinately 1.26 acres of real property("Property") in the corporate limits of the City, consistiug of 1.26 acres of upland frorn the face of the seawall more particularly described on Exhibit "A" attached hereto and incorporated hereii�; and WH�REAS, the Developer desires to develop the Property by demolishing three single story dated structures used for overnight accommodations in order to add additional overnight accommodation units, a restaurant not to exceed six thousand five hundred (6500) square feet, fifty (50) boat slips without fueling facilities, ground level pool, new lobby, a parking garage and additional r�mote ground level parking spaces, all of which will generally conforin to the architectural elevation dimensions shown in composite Exhibit "B"; and WHEREAS, upon completion the planned resort will contain 134 units, which includes Seventy-One (71) units from the available Beach I3y Design Hotel Density Reserve; and WI�EREAS, the City has conducted such hearings as are required by and in accordance with Chapter 1633220 Fla. Stat. (2008) and any other applicable law; and , � . ,_ WIIL;IZI�AS, tlie City has deternliued that, as oC the L;1�fective Date of this �greci�ient, the propose�l project is consistent �vith tlle City's Coinprehensive Plan and L�uid Developmei�t Regul�tions; and WI-ICRLAS, the City has conducted public hearings as required by �§ �-206 and 4-606 of tl�e Cou�iinwiity Development Code; and W[-ICRCAS, at a duly called public rneeting on . 2012, � the City Couricil al�proved this ��gree�uent and autllorizecl �ind directed its execution by the appropri�te ol:ficials of the City; and WIIERI�nS, the City l�as pi-eviously approved the construction oF t7fty (50) boat slips on thc Pl•operty, as set fortl� in and limited by tl�e City in Development Order TLD2009-02009-443-�60-462-463 Last Shore Drive (t11e"Docic Approval"); and Wl-II;IZC�S, the Docic Approval was eYtei�ded pursuant to La�vs of Florida, as evicienced by a lelter datecl _ , and rnay be entitled to additional e�teusions; and � W1-II�Rl��1S, tlle Coniu�iuuity llevelopment �3oard approved the desigii and site plai� as o�1 , 2012, conditioned upon the approv�il ari�l exec�ition ol�tliis Agre�n��ent; and WIITIZE/1S, approval of this �\gree�l�ent is in tlie interesls of the City in turtl�erance of tl�ie CilS�'s go�ls ol�enl��ncing the viability of the resort community and in lurLherai�ce o(�thc objecti��es of 13each I�i�De,sign; and WIIL;IZC,nS. Developer has appi�oved tliis Agreement and has duly at�lhol•ized certain iildividuals to execute tllis Agreeuient on Developer's behalf. �TATI+,117C1��I' Ol+ AC�tEF,M�NT In consideration of ancl in reliauce upon the prenlises, the nlutual covenants � contained herein, ancj other good and valuable considel•ation, the receipt and sufficiency of wl�ich are l�ereby aclulo�vledged, the parties hereto intending to be legally botmd and in accordance �vitl�� the nct, agi-ee as lollows: SEC'I'lON l. Re�it�tls. "l,he above recitals are true and correct and ace a part of this Agreement. S.ECTIOIV 2. Incorporation of the Aet. Tliis Agreement is entered into in compli<�nce �vith and under the �uthorit}� of the Code and the f�ct, the terms ol�which as of tl�c clate ��1� tl�is Agrecment ar� incc�r��orated herei�� by this relerence aud i�lade a part of tl�is �1�reement. Worcls used in this Agreentent witL�out definition that are det7ned in the � �ct shall have the same uleanin� in il�is Agreement as in the Act. SEC"TION 3. Yropert�� ubicct to tliis A�reeinent. The Property describecl in EYhibit "f1" is subiect to tl�is Agreeme�it� ("Propei�ty"). Cliems\RogersVI)evelupmenlAgi=enieri�l1-13-12v.1 Pa.-�TPi 2 { � i 3.1 The Yroperty currentl�� has a lazid use designation of Kesort Pacilities High (RF'H) �nd is zoiled To�irist (T). 3.2. The Property is owned in fee simple by the Developer. 3.3 'l�he Property is ge�ierally located �t North East corner of Papaya Sh�eet and I;ast Shore Drive, Cleai°water, TL 33767, but includes a parcel oi1 the West side of East � Sliore Drive having all address of 460 aud 462 East Shore Drive. The Property is an assei�iblage of five parcels of land as more fully described in EYlubit "A" attacl�ed hereto. � SECTION 4. Scope of 1'roiect. �.1 Tlte Pr�ject ("Project") shall consist of no inore tl,lan 134 overnigl�t accommodation Lulits, to be traditional overnight accommodation units. The proposed deiisity is 106.26 Liuits pei• acre, wllicli is well below the allowed 150 tulits. �.2 The Project sllall include 217 parlcing spaces, as defined in tlie Coi�unwlity Developnleiit�Cocle, oi�which 193 will l�e provided by a parlcing garage having 17 spaces 0�1 the growlcl level, and 88 spaces on each the second and tlie third level, with 24 �� additioiial spaces being providecl in a re�llotc, ground level parlcing lot. �.3 "1'llc pi�oposed lzei�lit oF the building is 76 ieet to the roof decic, less than the � �0 leet allowed. � 4.4 "I'lie desigu of the Project, as represented in Exhibit "B", is consistent with 13eacl� by De.s�igrt. 4.5 'I'he Project shall inclLide a iiity (50) slip boat dock, without fueling �� facilities, loc�ted on the eastern boundary of the Project ("Docks"). The llocks have been � approved by tlle City uuder Developnleilt Oi•der Case FLD2009-02009, February 19, 2010 ("Docic npproval"). 'The I�indil7g of f�act aud Conditions of Approval ii1 the Docic � 1�pproval are incorpor�ted into this Agreenlent. A copy of tl�e llocic Approval is attached , bereto as Lxhibil "�". �.6 "Clie project shall co�l�ply with the Metropolitan Planiung Organization (MI'O) county�vide approach to the applicatiou of concurrency �nanagement for trailsporlatioll facilities. � ��C'TION 5. Effective llate/lluration of this A�reement. � � 5.1 'Chis Agrecment sllall not be effective until this Agreement is p1•operly 'a ' i-ecordecl i►z tl�e pLil�lic i�ecorcls of Pii�ellas County, I�'lorida, and thirCy (30) days l�ave �� el�ipsed after having been received by the Departnlent of Economic Opportunity pursuant ! to Florida Slllutes Sectioii 163.3239 and Clearwater Community Development Code � Section 4-606.G. 2 (ihe "Lffective llate"). f � � I'age 3 Clienl5\RogersVDerelopmenlnFicemen[AI-]3-12v.1 1 d . I , � 5.2 Witllin Iourteen (l�) days al:ter the City approves the execution of this Agr�ement, tlte City shall record the Agreement wit(1 the Clerlc of the Circuit Court for Pinellas Co�inty. 'I'he Developer shall p�}� the cost of such recording. The City shall subr�lit lo the Dep��rtment of Lconomic Opportunily a copy of the recorded Agreement within lourteeri (14) days aftei•the Agree�nent is recocded. � 5.3 This ngreeilient sl�all continue in effect until tei�ininated, as defined herein, bul lor a period not to exceed tet� (10) yeai•s. STCTIOIV G. Obli�atious under this A�ree�nent. 6.1 Obligations of the Developer: 6.1.1 �Ihe obligations wlder this Agreement shall be binding upon ancl the be�leiits ol�this Agreemcnt sl�all iu�u�e to the Developer, ils successors in interests or assigns. 6.1.2 /1t the timc o1� de�velopmeiit of tlie Propei�ty, the Developer �vi11 sul�mit such �pplications and docu�nentatio�i as are requirecl by law and shall coillply witli the CitS�'s Code applicable �t tl�e tiille of building permit review. G.1.3 '1'he Iollo�ving restrictions shall apply to developnlent of tl�e Property: � G.1.3.1 'l�lie Properry and inlproveu�ents locatect tl�ereon shall be � developed in substantial coii(-ormauce with ll�e Site and Building Plans attacl�ed as I��llibit "B" and approved by tl�e Community DevElopn�ent I3oarcl ("CD6") as case tiuiiiber , and tl�e Docic Approval. Az1y minoc revisions or cl»nges to the Site Plan shall be consislenl ��itlt the �ip��roved Site Plau ai�d shall be approved �y il�e � Planniiig Director as a n�iinor modii7cation, pursuant t�o the Code. Auy nloclilications deternlinecl by the Planning Director as either inconsistent witll the approvect Site Plan or col�stituting a substantial deviation fiom the ap�rovecl Site Pla�i and thus requiriilg f�irther approval by the CDF3 sl�all require a�1 a«�eildment to t11is Agr•eeinent in �ccordance witli tlie procedures o1�the Act and tlie Code, as ilecessary �nd applicable. Any and all such a��proved and ado�ted ai��iend�i�ents sh�ll be recordcd in the public records of�Pinellas Cow�ty, I�lorida. � 6.1.3.2 Thc Developec shall obtain building permits witliin one (1) ycar ol tlte clate of tt�is Agreeinent (the "Initial "I�ern�"), atid shall t�iereaiter timel}� obtain requirccl certiticates of occupancy, in accordance with Code � Seclion 4-�07. NotL�ing hereiii shall resh�ict Developer from seelcing an extcnsion of these time fi�aines pursuant to applic�ble� �rovisions of the � Cocle ancl oi� lhe Florida Building Code or ii�orn seekiug an amendinent� to this Agreement. Clicnls112ogerslDevclupincn�Aeree�nmitAI-13-12cJ j�Cl��'i � . � 6.1.3.3 Tlle Develo�ei• shall execute, prior to conlmencement, a ivandatoiy evacuatior�/clos��re covenant, substantially in tlie form of �xhibil "C" tl�at tlle accommodation use will closed as soon as practicable ai�tei� a liw�ricane watch tliat incltides Clearwater Beach is posted by the Nationat llurricane Centel•. 6.1.4 Covenant of Unified Use. Prior to the issuance of the first building permit loi• tl�e Project, the Developer hereby agrees to eYectite and record lli the Public Recorcls of Pinellas County, l�lorida tl�e covenaut of unified use and developn�eilt for tlle Yroject Site providing that the Project Site sh�ll be developed aud �used as a siiigle pi•oject, the foriu of wl�ich covenant is attached as Cxhibit "D"; provided l�owever, tllat nothing shall preclude tlie Developer ii�oin selling all or a portion of the Developer's Property in the event that Developer determines not � to construct tlie Project. Additionally, prior to tlie issuance of the lirst building perl�lit [or tl�e Project, tl�e Developer liereby agrees to eYecute a Declat•ation of Unity of 1'itle for tlie Project Site provicling tl�at the Project Site shall be developed � and Lised as a sin�;le project, the fortl� of which Declaratioil of Unity oF Title is available fcom tl�ie City Planning Deparlment. It is unde��stood and agreed that, in � the eveut tl�at the l�eveloper entei•s into tl�e anticipated covenant of utlitled use and develop�llent. aud the Developer elects not to construct the Project and notifies the City o1� its eLection in writing, �uld, alternatively, as of �the date ol� expiration, terminatioi� or revocalion auy rights olDeveloper to incorporate the IIotel Density Reserve Uuits into the Project�, the City shall execute aud deliver to the Developer a tci�iniiiatiou ol� sucl� coeenant of unitied �ise and development suitable for i-ecordi�lg in the Public Recoi�ds oi�Pinellas Cotinty, Florida. �dditionally, t]�e City � sh�ll eYecute atid deliver to the Developer a Release oF Unity of Title suitable for recording in the Publir IZecords ol�Pinellas Co��uty, Florida. 6.1.5 nllocatio�l of Uriits froin Hotel Densit�� Reserve; Retus•ii of Units to � the Reserve Pool. Coveuant Re ag z•ding Use of IIotel Density Reserve Units. Subject to ihe ternls and conditions of this ngreeinent, the City l�ereby allocates and grants to thc Developer from the Hotel Density Reserve an additionll 71 hotel units to the Project Site in accordance with applicable law. In the event this Agreement is terminated pursuaut to Section 10 of this Agreement, or if auy ol'the units grauted to the Developer iion� tlle IIotel Density Reserve are not constructed � i�i conjunctioit with the Project appcoved by City and in accordauce with P�iragraph G.1.3.2, ol• if ar�y tuiits or the Project fail to meet and maintain tlie critcria 1'or I-Iotel Density Rese►�ve Units contained in tl�e City oI� Clearwater , Ordinance No. 7925-OS, as ai7iended, said tuiits sl�all be i•etut•ned to the Hotel llensity Reserve and be wlavailable to tlle Developer for use on the Project, pursu�i��t to 13eacla by Desigia. Prioi• to the issuance of the Cei•tificate oF Occupaucy lor the Pi�oject, tlie Developer agrees to execute and record a Covenant iii tlie Public [Zecords o[� Piuell�s County, Plorid� restricting the Flotel Density Reserve Units i�l��erpetuity to lhe use approved by City and by this Agreenlent. 6.1.6 "I��ransicnt Use. Occt►pat�cy in tl�e overnigl�t accominodation u�tits lcoin the I-lotel Density IZeserve is limited to a tei�m of one (1) uiontli or thirry-one ClienisV2ogersVDeeelopinenlAcrcemeulU-13-I2e.l j�7.gf,' � � (31) co�lsecutive days, wllichever is less. Notl�ing hereill shall pr�vent a purchaser o[�a ti�actional sharc unit Iiom owniug a �eriod of time greater than thirty-one (31) days, provided every occupancy is litnited to a ternl ol�one (1) mouth or tl�irt��-one (31) cousecutive �l�iys, whichever is less. � 6.1.7 Docics. 'I�he tif�y (50) f3oat 51ips to be coustructed on the Pro�erty shall be constructed in compliallce with t11e tinclings and conditioils set forth ui the I3o�it Slip D.O. 6.2 Obli�atioiis ol the City. 6.2.1 The City shall ��roiuptly process site and construction plan al�plicalions lor the Property that are consistent with the Comprehensive Plan and tl�e Conccpt Nlan and that meet the requirements of the Code. 6.2.2 Upon adoplion of tl�is ngreemeut, the Project shall receive 71 units fi�om tlie I-Iotel Densit5�Reserve as delined in i3eacl� by Desigu. 6.2.3 it is antici��ated tl�at as a conditioiz to thc approval of the Yroject l�y � t(te Cit��, llcveloper will be required to conslrLict and nlai�ltain a board�vallc along tlie seawall on the Property (the "[3oardwallc"), and to pernlit tl�ie general public to enter upon and traverse the I3oaz�dwalk at all times. Upr�n the adoption of tllis 1lgrecincnt, City shall eiitei•, in Iavor of lleveloper and ils successors aild assigns, a general i��demnillcatiou anc( holct harmless agreement, to be effective upon the iss��ance ol�a C.O. lor ttte Yroject, p�u-suant to �vhich tl�e City shall indemnil�y and � hold l�armlcss l�eveloper, to the cxtcut allowed by law, froin and against any and all cl�ims [oi• i�ij��r}�, deatli, ancj dan�iage brought i� connectioi�i with tl�e use of tl�e I3oarclwallc b�� the general publ,ic at large; provided, hotivever, that sucli in�lenmilic�ition a�id hold l�iarinless �greemenl shall not relieve Developer ot auy liability for its ne�ligeilce in maint�iaing the Boardwallt, oi� any �villtul or Wauton acts by Deve(oper ol• thosc under the authority or coiitl�ol of Developer. SECT[01�1 7. Pi�blic Facilities to Sei-vice De��elo��ment. The following public Iacilities are pi�ese�ltly avai lable to the Property fi•om tl�e sources indicated below. Developi�ient of the Pi�opert�� will be govei•ued by the concurrency orciin�nce provisions � applicable at �he timc ol� development approval unless othei•wise provided by law. With respcct to lransporlalion aud otlier public iiili�astructure aud services subject to concurrency requirements, the Cily of Cleaz•water tiucls tl�at all applicable concurrency provisions lor the proposcd development have t�een met. 7.1 Potable �vater is available from tlie City. Tl�e Dev�,lopei• shall be responsible for alt necessaey maili exteusions and applicable connection fees, � 7.2 Se�a�er service is cliri�ently provided b}�the City. The Developer shall be ClicnisUZoeers\De��eloprnenl��reementAI-13-12c_I �a�C 6 respoiisible for all �iecessaty illaiu extensions and applicable coiiiiection tees. 7.3 l�it•e protection fcoin tl�e City. 7.� Drainage facilities (�:oi• tl�e Property will be provided by the Developer at tlie Developer's sole c�pense. 7.5 'I'i�anspor�alion conc�irreiicy cequii•eii�e:ilts have been �Y�et. 7.6 All improveirients associated �vith tlie public Iacilities identified in Subsections 7.1 tllrougli 7.4 sl�all be cozilpleted piioi• to the issuancE of any certificate of Occtipancy. 7.7 Tlle Developer is respor�sible for the payinent ol auy required iinpact fees. � SECTION 8. Requi►�ed Local Cover�imeut Permits. �I'he required local government development permits for clevelopment of tlle Property include, without linlitation, the 1ollo�ving:. � 3.1 Site pl�in appi�oval(s) and associated utility ]icenses, access, and right-of- � way utilization permits; 8.2 Constructioil plan approv�l(s); 8.3 I3uildin� permit(s); and 8.4 Ccrtil7c��tc(s) of occL�pancy. SECTIOIV 9. Coaisistezic��. �I,he City iinds that developiilent of the Property is consisleitt ��vith the terius ol� this ngreement and is consistent with the City Con�prelicnsive Plan and ihe Code. SI:CTIOIV 10. Terminatioii. lf the Developer's obligations set loi-tl� in tliis Agreetne�il �re �lot lollo��ved i�i a ti�liely manner, as reasonably detcrmined by the City Mana�;er, altec uotice to the Develc�per atld an opportuiuty to be heard, existing permits shall be admiiiistratively suspendea aild iss�lance of new permits suspended until the lleveloper has ii�llillecl its obligatious. Eaihu�e to tinlely lulfill its obLigations inay serve as a basis 1oi• ter�llination o1� this �gceemei�tt by the City, at the discretion of the City and al�ler ilotice to the Developer aiid an opporlunit5� for the Developer to be heard. �I+.C'TION l 1. Olhcr'I'crms au�l Conditions. � 11.1 L;�cept in the case of terminatioii, unt�il ten (10) years after the date of tliis A�i�eement, the Property sh�ill ilot be subjecl t�o do�vn-zouing, L�nit density reductioll, or i�iteiisity i�ecluclivn, unless tlle City lias lield a public hearing and detcrnzined: Clienis`JtogeisVUecetupmentAeicementV-13-I2v.1 �a.�f,' / 11.1.1 That substantial changes have occurred in pertinent conditions existing at the time of approval of this Agreement; or 11.1.2 This Agreement is based on substantially inaccurate information provided by the Developer; or 11.1.3 That the change is essential to the public health, safety, or welfare. SECTION 12. 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: Louis Development LLC 630 South Gulfview Blvd. Clearwater, FL 33767-2642 With Copy to: Northside Engineering Services, Inc. 300 South Belcher Clearwater, FL 33765 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 overnigl7t courier service for next day delivery, or on the 3rd day following � deposit in the United States mail, certified inail, 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 Coinmencement 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 Clienls\Rogers�DevelopmentAgreementU-13-12v.1 � C a.ge O extent of the sale, conveyance, assignment or other disposition by the Developer to the assignee, shall be bound by the terms of this Agreement the same as the Developer for such part of the Project as is subject to such sale, conveyance, assignment or other disposition. 14.12 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 suUject to such sale, conveyance, assigntnent 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 forin. 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 sha11 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 Agreeinent 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 11as 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 Assi�ns. 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 hereiu. 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 ulconsequential nature. Clienls\RogersVUevelopmenlAgreemenlU-]3-12v.7 � Page 7 SECTION 16. Covenant of Cooneration. 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. Apnrovals. 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. Comnletion 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 off cial 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 Exllibits were set forth in full in the body of this Agreement), constitutes the entire agreeinent between the parties hereto pertaining to the subject matter hereo£ SECTION Z0. Construction. The titles, captions a11d section nuinbers in tlus 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 pernlits, 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 Invaliditv. If any term or provision of this Agreement or the application thereof to any person or circumstance is declared invalid or tulenforceable, the remaindei 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 i°emainder of this Agreement continue unmodified and in full force and effect. Notwithstanding the foregoing, if such responsibilities of any party hereto are thereby limited, to the extent that the purpose of this Agreement or the benefits sought to be received hereunder are frustrated, such party shall have the right to terminate this Agreement upon fifteen (15) days written notice to the other parties. SECTION 22. Code Amendments. Subsequently adopted ordinances and codes of the City which is of general application not governing the development of land shall be Clienls\Rogers\DevelopmentAgreementU-13-12v.1 � r a,ge 1� 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. [remainder of this page is blank—signature page follows ] Clients\Rogers\DevelopmenlAgreement\I-13-12v.1 � r Clg�'i 1 1 IN WITNESS WHEREOF, the parties have hereto executed this Agreement the date and year first above written. In the Presence of: LOUIS DEVELOPMENTS, LLC By: Print Name: Elias Anastosopoulos, as Manager/Member Print Name As to "Developer" CITY OF CLEARWATER, FLORIDA By: Print Name: William B. Horne II, � City Manager Print Name As to "City" Attest: Rosemarie Call, City Clerk Countersigned: George Cretekos, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney � Clienls\Rogers\DevelopmentAgreementU-13-12v.1 � 1 a��e IZ STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2012, by 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 , 2012, by WILLIAM B. HORNE, II, as City Manager of the City of Clearwater, Florida, who is [ ] personally known to me or who has [ ] produced as identification. Notary Public , � Print Name: My Commission Expire Clienls\Rogers�DevelopmeiriAgreement\1-13-12v.1 � r a.ge 1 J � EXHIBIT "A" Legal Description of Project Site <:__ _.:_:____---- <---__.._.._.-----�—__..--_ • .' EXHIBIT "B" Site and Building Plans _„.____-- ____T_. �� .:�- .. � _:�---..__... ��. � 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 , 2012, by Louis Developments, LLC ("Developer"). Developer is the owner of fee simple title to the real property described in Schedule 1 attached hereto and made a part hereof(hereinafter, the ("Real Property"). The City of Clearwater, Florida(the "City"), has amended its Comprehensive Plan to designate Clearwater Beach as a Community Redevelopment District pursuant to the Pinellas County Planning Council Rules in order to implement the provisions of"Beach by Design," a plan for the revitalization of Clearwater Beach. The designation of Clearwater Beach as a Community Redevelopment District (the "Designation") provides for the allocation of Hotel Density Reserve Units as an incentive for the development of mid-sized quality hotels. Pursuant to the Designation, the allocation of Hotel Density Reserve Units is subject to compliance with a series of performance standards, including a requirement that resorts containing a hotel developed with Hotel Density Reserve Units shall be closed and all Guests evacuated from such resorts as soon as practicable after the National Hurricane Center posts a hurricane watch that includes Clearwater Beach. The purpose of such evacuation is to ensure that such a Resort Hotel is evacuated in advance of the period of time when a hurricane evacuation would be expected in advance of the approach of hurricane force winds. The City has granted, by City Council Resolution , passed and approved on , 2012, 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 assigna and will run with the title to the Real Property. THEREFORE, in consideration of the covenants and restrictions herein set forth and to be observed and performed, and in further consideration of the allocation of Hotel Density Reserve Units to Developer, and other good and valuable consideration, the sufficiency of which is hereby acknowledged, Developer hereby declares, covenants and agrees as follows: 1. Benefit and Enforcement. These covenants and restrictions are made for the benefit of Developer and its successors and assigns and shall be enforceable by them and also for the benefit of the residents of the City and shall be enforceable on behalf of said residents by the City Council of the City. 2. Covenant of Develo�ment, Use and O�eration. Developer hereby covenants and agrees to the development, use and operation of the Real Property in accordance with the provisions of this Declaration. 2.1 Use. The use of the resort on the Real Property is restricted as follows: 2.1.1 A maximum of Seventy-One 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 inust 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 63 units shall be licensed as a public lodging establishment. No unit shall be used as a primary or permanent residence. 2.1.3 As used herein, the terms "transient occupancy," "public lodging establishment," "hotel," "time share," and "operator" shall have the meaning given to such terms in Chapter 509, Part I, Florida Statutes (2004). 2.2 Closure of Improvements and Evacuation. The Hotel developed on the Real Property shall be closed as soon as practicable upon the issuance of a hurricane watch by the National Hurricane Center, which hurricane watch includes Clearwater Beach, and all Hotel guests, visitors and employees other than emergency and security personnel required to protect the resort, shall be evacuated from the Hotel as soon as practicable following the issuance of said hurricane watch. In the event that the National Hurricane Center shall modify the, terminology employed to warn of the approach of hurricane force winds, the closure and evacuation provisions of this Declaration shall be governed by the level of warning employed by the National Hurricane Center which precedes the issuance of a forecast of probable landfall in order to ensure that the guests, visitors and employees will be evacuated in advance of the issuance of a forecast of probable landfall. 3 Effective Date. This Declaration shall become effective upon issuance of all building permits required to build the project ("Project") and Developer's commencement of construction of the Project, as evidence by a Notice of Commencement for the Project. This Declaration shall expire and terminate automatically if and when the allocation of Reserve Units to the Developer expires or is terminated. 4 Governing Law. This Declaration shall be construed in accordance with and governed by the laws of the State of Florida. 5 Recordin�. 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 Attornevs' 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 Severabilitv. 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. [remainder of this page is blank—signature page follows ] IN WITNESS WHEREOF, Developer has caused this"Declaration to be executed this day of , 2012. In the Presence of: LOUIS DEVELOPMENTS, LLC By: Print Name: Eilas Anastasopoulos, as Manager/Member Print Name As to "Developer" CITY OF CLEARWATER, FLORIDA By: Print Name: William B. Horne II, City Manager Print Name As to "City" Attest: Rosemarie Call, City Clerk Countersigned: George N. Cretekos, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2012, by He is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Naine: My Commission Expires: �� STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2012, 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: . • EXHIBIT "D" COVENANT OF UNIFIED USE PLEASE RETURN RECORDED DOCUMENT TO: Kent Runnells, P.A. 101 Main Street, Suite A Safety Harbor, FL 34695 COVENANT OF UNIFIED USE THIS COVENANT OF UNIFIED USE (the "Agreement") is executed this day of , 2012, by Louis Developments, LLC ("Developer"). WITNESSETH: W�IEREAS, Developer is the owner of the real property legally described on Schedule "A" attached hereto and incorporated herein by reference (the "Real Property"); and WHEIZEAS, Developer and the City of Clearwater, Florida(the "City") are parties to that certain Development Agreement dated , 2012 (the "Development Agreement"),pursuant to which the City has agreed that Developer inay 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 u1 tlus 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 perinits required to construct the Project and Developer coinmences 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 Developinent Agreement) if sold in a condominium form of ownership), to separate, unrelated third parties, provided that such Fractional Share Ownership or Hotel Units are operated and occupied as part of the Project as a single unified project throughout the term of this Agreement. Developer agrees that the City shall have the right to enforce the terms and conditions of this Agreement. Notwithstanding the foregoing, all Hotel Units may be operated by a single hotel operator and all F'ractional 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 , 2012. In the Presence of: � ,� ' LOUIS DEVELOPMENTS, LLC By: Print Name: Elias Anastasopoulosas its Manager/Member Print Name As to "Developer" CITY OF CLEARWATER, FLORIDA By: Print Naine: William B. Horne II, City Manager Print Naine As to "City" Attest: Rosemarie Call, City Clerk Countersigned: G, Mayor Approved as to Form: Leslie K. Dougall-Sides Assistant City Attorney STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this day of , 2012, by He is [ ] personally known to me or has [ ] produced as identification. Notary Public Print Name: My Commission Expires: ,' � STATE OF FLORIDA COUNTY OF PIN�LLAS The foregoing instrument was acknowledged before me this day of , 2012, 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: � Civil L�nd Pianning �ue Diligpnce Reports Re-Zaning,Land Use„Annexation ��e;��t�'��`e��- � ��? �� Stormwater Manag�ment COURTYARD BY MARRIOTT Utility C)esign Traffic 443 EasT Sxo�DRrvE Construction Administratian DEVELOPMENT AGREEMENT APPLICAT�oN NA�T�vE Description of Request The Applicant, Louis Developments, LLC. proposes to redevelop the site with a 134-unit hotel, including 71 units from the Beach by Design Hotel Density Reserve. The subject property is an aggregate of 1.26 acres and is comprised of several lots bounded by Clearwater Harbor to the east, Papaya Street on the south and by East Shore Drive to the west. The project area also includes a parcel to the west, located across East Shore Drive; this parcel will provide additional parking for the proposed hotel and is bounded by Poinsettia Street to the west and East Shore Drive to the east. Specifically, the Applicant requests flexible development approval to permit 134 overnight accommodation units in the Tourist District, which includes an increase in density of 71 overnight accommodation units from the Beach by Design Hotel Density Reserve, with a. a Lot Area of 1.26 acres (54,929 square feet); b. a Lot Width of 315 feet on East Shore Drive and 137.72 feet along Papaya Street; c. a maximum Building Height (above BFE) of 70' to the roof deck and 85'6"mid-point of decorative tower; d. a front (West) setback along East Shore Drive of 0' to the building and decorative sunshade and 13.5' to the compactor enclosure; front (West) setback along Poinsettia Street of 5' to parking lot pavement; e. a front (South) setback along Papaya Street of 21.1' to the building, 18.2' to decorative louvers, 6.3' to the compactor enclosure and 3' setback to the wood patio; and side (South) setback of 5' to the parking lot pavement; f. a side (North) interior setback of 19' to the building and a 5' setback to parking lot pavement within remote parking lot; g. an (East) waterfront setback of 11.4' to the building and 7.8' to decorative louvers and a 8.4' front (East) setback to the parking lot pavement along Poinsettia Street; h. Providing 201 Parking Spaces; i. Flexibility to the minimum standards for Sight Visibility Triangles on East Shore Drive ; as a Comprehensive Infill Redevelopment Project, under the provisions of Section 2- 803.0 of the Development Code. Additionally, the Applicant request approval of a Development Agreement which sets forth terms of use associated with the 71 rooms from the Beach by Design Hotel Density Reserve. 3C?{?Sc�uth Bcicher Ro�d �learwater,Florida 3376� tech{�northsideengineeringservices.com 727 443 2�369 Fax 727 446�f336 ' Discussion The site is located within the area designated by Beach by Design as the "Marina District." Beach by Design identifies this area as a prime location along Clearwater Harbor, desirable as a destination location. Beach by Design strongly encourages and supports redevelopment of the area to include hotels, restaurants and commercial uses, together with residential and mixed use developments. The district desires development of the waterfront for the enjoyment of residents and tourists, envisioning boater-friendly uses and a public boardwalk along Clearwater Harbor to bolster the areas identity as a destination location. A large portion of the project area is currently vacant with the remaining area containing three single story structures, providing overnight accommodations and attached dwellings/efficiencies uses. The parcels are under the same ownership control and the applicant proposes to demolish all existing structures. Proposed Use The proposed Courtyard by Marriott hotel will offer reasonable room rates, appropriate for mid-priced family vacations. The design provides a 4 story hotel over 3 levels of parking and a 6,500 square foot accessory restaurant along the Clearwater Harbor adjacent to a new proposed public boardwalk. Courtyard by Marriott—East Shore Hotel revised 0515.2012 by Renee Ruggiero/rmr