DVA2004-00001A
DV A2004-00001A
PATEL / CITY OF
CLEARWATER
100 CORONADO
DV A2004-00001A
100 CORONADO DR
Date Received: 01/13/2006
K & P CLEARWATER ESTATE.. LLC
ZONING DISTRICT: T
LAND USE: RFH
ATLAS PAGE: 276A
PLANNER OF RECORD: GLC
CLWCoverSheet
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CITY OF
tit
CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
LONG RANGE PlANNING
DEVELOPMENT REvIEW
April 13, 2006
K&P Clearwater Estates, LLC
5600 Mariner Street
Suite 227
Tampa, Florida 33609
RE: Development Order - DV A2004-00001A
100 Coronado Drive and 201, 215 and 219 South Gulfview Boulevard
Dear K&P Clearwater Estates, LLC:
The City Council at their meeting on March 16,2006, APPROVED the amended Development
Agreement between K & P Clearwater Estates, LLC (the property owner) and the City of
Clearwater (previously approved DV A2004-00001 by City Council on February 17, 2005) for the
sites at 229 and 301 South Gulfview Boulevard and 230,300 and 304 Coronado Drive.
If you have any questions, please do not hesitate to call Gina Clayton, Assistant Planning
Director, at 727-562-4587. You can access zoning information for parcels within the City
through our website: www.myc1earwater.com. *Make Us Your Favorite!
Sincerely,
-~~
Michael Delk, AICP
Planning Director
S:\Planning DepartmentlC D BIDevelopment AgreementsIDVA2004-00001A Coronado 0100 K & P Clearwater Estate, LLCICoronado 100
3,16.06 CC Decision Letter 04,13,06 ,doc
FIV\NK lIIlIIlARIl, MAY()R
I311J,.JONsm:, VIG>MAYOR
Hon HMIIITOi\, C()IINCII,MI'MIII'R
*
.JOII1\ DORAN, COJ ;NClL.\II'.\IJlI'R
CARLI'N A. I'FTI'RSI'N, COI;NClL.\IF.\IIlI'I~
"EQUAL EMPLOYMENT AND AFFII<MATIVE ACTION EMPLOYER"
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--
~Clearwater
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Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727-562-4567
Fax: 727-562-4865
o SUBMIT APPLICATION FEE $
* NOTE: 15 TOTAL SETS OF INFORMATION REQUIRED
(APPLICATIONS PLUS SITE PLANS SETS)
CASE #:
DATE RECEIVED:
RECEIVED BY (staff initials):
ATLAS PAGE #:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
o SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
o SUBMIT 14 COPIES OF THE ORIGINAL APPLICATION including
1) collated, 2) stapled and 3) folded sets of site plans
DEVELOPMENT AGREEMENT APPLICATION
(Revised 10/1412003)
- PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
APPLICANT NAME: CITY OF CLEARWATER (City Initiated Amendment)
MAILING ADDRESS: 100 S, Myrtle Avenue
PHONE NUMBER: 562-4587 FAX NUMBER: 562-4865
CELL NUMBER: EMAIL ADDRESS: Q ina ,c1avton@myclearwater,com
PROPERTY OWNER(S): K&P Clearwater Estate. LLC
AGENT NAME: Gina L. Clavton , Assistant PlanninQ Director
MAILING ADDRESS: 100 S, Myrtle Avenue , Clearwater. FL 33756
PHONE NUMBER: 562-4587 FAX NUMBER: 562-4865
B. PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS: 100 Coronado Dr, 201. 215. and 219 S, Gulfview Blvd,
LEGAL DESCRIPTION: L1oYd-White-Skinner Sub, Lots 44-55, 90-100. 102. part of Lot 56 & 101. and Columbia Sub, Blk
A, Lot 1 and Columbia Sub. Blk A. Lot 1
PARCEL NUMBER: 07/29/15/52380/000/0440. 07/29/15/52380/000/0480, 07/29/15/52380/000/0530,
07/29/15/52380/000/0550, 07/29/15/52380/000/0940
PARCEL SIZE: 2.427 acres (2.739 includinq First Avenue and a portion of South Gulfview riqhts-of-way.
excludinQ new Second Street riQht-of-way and a portion of Coronado Avenue
PROPOSED USE AND SIZE: 350 unit hotel , 75 Attached DwellinQs and 37,000 square feet of amenities (no chanQe
proposed to the approved use or number of units The proposed amendments to the
development aQreement primarily relate to the issues associated with the construction of Beach
Walk and the timina of the dedication of 2nd Street (also known as Relocated 1 sl Street)
(number of dwelling units, hotel rooms or square footage of nonresidential use)
Page 1 of 6 - Development Agreement Application - City of Clearwater
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DESCRIPTION OF ANY RELATED REQUEST(S): N/A
(approval of a development to include all requested code deviations; e,g, reduction in required number of parking spaces, specific use, etc,)
N/A
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A PREVIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO _ (if yes, attach a copy of the applicable
documents)
Page 2 of 6 - Development Agreement Application - City of Clearwater
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B.2 DEVELOPMENT AGREEMENTS SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-606.B)
An application for approval of a development agreement shall be accompanied by the following (use separate sheets or include in a formal report):
o STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS
o 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 PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING
INTENSITIES AND HEIGHTS;
o INDENTIFICATION OF ZONING DISTRICT CHANGES, CODE AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED
DEVELOPMENT PROPOSAL WERE TO BE APPROVED;
o ZONING AND LAND USE CATEGORIES OF ALL ADJOINING PROPERTIES;
o 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)
o SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPLICATION
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4-606.G)
o Provide the following contents to the development agreement, as follows:
Contents. The approved development agreement shall contain, at a minimum, the following information:
a. A legal description of the land subject to the development agreement.
b. The names of all persons having legal or equitable ownership of the land.
c The duration of the development agreement, which shall not exceed ten years.
d. The development uses proposed for the land, including population densities, building intensities and building height.
e. A description of the public facilities and services that will serve the development, including who shall provide such public facilities and services; the
date any new public facilities and services, if needed, will be constructed; who shall bear the expense of construction of any new public facilities
and services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. The
development agreement shall provide for a cashier's check, a payment and performance bond or letter of credit in the amount of 115 percent of
the estimated cost of the public facilities and services, to be deposited with the city to secure construction of any new public facilities and services
required to be constructed by the development agreement. The development agreement shall provide that such construction shall be completed
prior to the issuance of any certificate of occupancy.
f. A description of any reservation or dedication of land for public purposes.
g. A description of all local development approvals approved or needed to be approved for the development.
h. A finding that the development approvals as proposed is consistent with the comprehensive plan and the community development code.
Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied.
A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public health,
safety or welfare of the citizens of the City of Clearwater. Such conditions, terms, restrictions or other requirements may be supplemental to
requirements in existing codes or ordinances of the city.
J. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relieve
the developer of the necessity of complying with the law governing said permitting requirements, conditions, terms or restrictions.
k. The development agreement may provide, in the discretion of the City Commission, that the entire development or any phase thereof be
commenced or be completed within a specific period of time. The development agreement may provide for liquidated damages, the denial of future
development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of the
developer to comply with any such deadline.
A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure to,
all successors in interest to the parties to the development agreement.
m. All development agreements shall specifically state that subsequently adopted ordinances and codes of the city which are of general application
not governing the development of land shall be applicable to the lands subject to the development agreement, and that such modifications are
specifically anticipated in the development agreement.
Page 3 of 6 - Development Agreement Application - City of Clearwater
E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A)
o SIGNED AND SEALED SURVEY (including legal description of property) - One original and 14 copies;
u COPY OF RECORDED PLAT, as applicable;
o PRELIMINARY PLAT, as required;
o LOCATION MAP OF THE PROPERTY.
o TREE SURVEY (including existing trees on site and within 25' of the adjacent site, by species, size (DBH 4" or greater), and location,
including drip lines.) - please design around the existing trees;
o GRADING PLAN, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
o SITE PLAN with the following information (not to exceed 24" x 36"):
All dimensions;
North arrow;
Engineering bar scale (minimum scale one inch equals 50 feet), and date prepared;
Location map;
Index sheet referencing individual sheets included in package;
Footprint and size of all buildings and structures;
All required setbacks;
All existing and proposed points of access;
All required sight triangles;
Identification of environmentally unique areas, such as watercourses, wetlands, tree masses, and specimen
trees, including description and location of understory, ground cover vegetation and wildlife habitats, etc;
Location of all public and private easements;
Location of all street rights-of-way within and adjacent to the site;
Location of existing public and private utilities, including fire hydrants, storm and sanitary sewer lines, manholes and lift stations, gas
and water lines; (* Note: Per Section 3-911, all utilities shall be located/relocated underground)
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all solid waste containers, recycling or trash handling areas and outside mechanical equipment and all required screening {per
Section 3-201 (D)(i) and Index #701};
Location of all landscape material;
Location of all onsite and offsite storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks.
o SITE DATA TABLE for existing, required, and proposed development, in written/tabular form:
Land area in square feet and acres;
Number of dwelling units proposed;
Gross floor area devoted to each use;
Parking spaces: total number, presented in tabular form with the number of required spaces;
Total paved area, including all paved parking spaces and driveways, expressed in square feet and percentage of the paved vehicular area;
Size and species of all landscape material;
Official records book and page numbers of all existing utility easement;
Building and structure heights
Impermeable surface ratio (I.S.R.); and
Floor area ratio (FAR.) for all nonresidential uses.
o REDUCED SITE PLAN to scale (8 Y, X 11) and color rendering if possible;
:.J FOR DEVELOPMENTS OVER ONE ACRE, provide the following additional information on site plan:
One-foot contours or spot elevations on site;
Offsite elevations if required to evaluate the proposed stormwater management for the parcel;
All open space areas;
Location of all earth or water retaining walls and earth berms;
Lot lines and building lines (dimensioned);
Streets and drives (dimensioned);
Building and structural setbacks (dimensioned);
Structural overhangs;
Tree Inventorv: prepared bv a "certified arborist" of all trees 8" DBH or qreater reflecting size canopy (drip lines) and condition of such trees.
Page 4 of 6 - Development Agreement Application - City of Clearwater
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G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
o LANDSCAPE PLAN:
All existing and proposed structures;
Names of abutting streets;
Drainage and retention areas including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility triangles;
Delineation and dimensions of all parking areas including landscaping islands and curbing;
Proposed and required parking spaces;
Existing trees on-site and immediately adjacent to the site, by species, size and locations, including dripline (as indicated on
required tree survey);
Plant schedule with a key (symbol or label) indicating the size, description, specifications and quantities of all existing and proposed
landscape materials, including botanical and common names;
Location, size, description, specifications and quantities of all existing and proposed landscape materials, including botanical and
common names;
Typical planting details for trees, palms, shrubs and ground cover plants including instructions, soil mixes, backfilling, mulching and
protective measures;
Interior landscaping areas hatched and/or shaded and labeled and interior landscape coverage, expressing in both square feet and
percentage covered;
Conditions of a previous development approval (e.g. conditions imposed by the Community Development Board);
Irrigation notes.
o REDUCED LANDSCAPE PLAN to scale (8 Y, X 11) (color rendering if possible);
o IRRIGATION PLAN (required for level two and three approval);
o COMPREHENSIVE LANDSCAPE PROGRAM application, as applicable.
H. BUILDING ELEVATION PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A.23)
Required In the event the application includes a development where design standards are in issue (e.g. Tourist and Downtown Districts) or as part
of a Comprehensive Infill Redevelopment Project or a Residentiallnfill Project.
o BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials;
o REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 y, X 11) (black and white and color rendering, if
possible) as required.
I. SIGNAGE: (Division 19. SIGNS I Section 3-1806)
o Comprehensive Sign Program application, as applicable (separate application and fee required)
o Reduced signage proposal (8 Y, X 11) (color), if submitting Comprehensive Sign Program application.
J. TRAFFIC IMPACT STUDY: (Section 4-801.c)
o 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:
!, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
autnoflze City representatives to visit and photograph the property
described in this application.
/1
//
STA E OF FLORIDA, COUNTY OF PINELLAS II
S r to and subscribed before me this ~ day of
.Q ,AD 200 (;, to me and/or by
aff~ whOls ~sonallY knoWfD has
as
produced
identification.
U~i)JlnIU
Notary public,
My commission expire~.<.t1-Y Plt,,<;.. Denise A. Wilson
~ "'" c; Commission # 00296233
~^- \)..~ Expires June 18, 2008
. (" OF p.I" lIolldt. TIlly '1iI.IIlIlftIlM,11\t. ego.ass.7019
Page 5 of 6 - Development Agreement Application - City of Clearw ater
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AFFIDAVIT TO AUTHORIZE AGENT:
(Names of all property owners)
1 That (I am/we are) the owner(s) and record title holder(s) of the following described property (address or general location):
2. That this property constitutes the property for which a request for a: (describe request)
3. That the undersigned (has/have) appointed and (does/do) appoint:
as (his/their) agent(s) to execute any petitions or other documents necessary to affect such petition;
4. That this affidavit has been executed to induce the City of Clearwater, Florida to consider and act on the above described property;
5. That site visits to the property are necessary by City representatives in order to process this application and the owner authorizes City
representatives to visit and photograph the property described in this application;
6 That (I/we). the undersigned authority, hereby certify that the foregoing is true and correct.
Property Owner
Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
Before me the undersigned, an officer duly commissioned by the laws of the State of Florida, on this day of
personally appeared who having been first duly sworn
Deposes and says that he/she fully understands the contents of the affidavit that he/she signed.
Notary Public
My Commission Expires:
S:IPfanning Department\App/ication Formsldevelopment review Idevelopment agreement application3. doc
Page 5 of 6 - Development Agreement Application - City of Clearwater
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l.. -11,- {)(o f)('tJ/t
~I\t fu lh- ~iJ~
PREP ARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT
OF PROPERTY IN THE CITY OF CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
K & P CLEARWATER ESTATE, LLC
DATED AS
,2006
tj
First Amendment to K & P Clearwater Estate LLC Development Agreement 1-9-06
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THIS FIRST AMENDMENT THE DEVELOPMENT AGREEMENT (the
"Amendment") is made as of this _ day of ,2006 (the "Effective Date"), by
and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (the "City") and K & P CLEARWATER ESTATE, L.L.c., a Florida limited
liability company (the "Developer").
WITNESSETH
WHEREAS, the City and the Developer are parties to that certain Development
Agreement as recorded in O.R. Book 14168, Pages 2397-2528, Public Records of
Pinellas County, Florida (the "Development Agreement"); and
WHEREAS, the City and the Developer desire to amend certain terms and
provisions of the Development Agreement, as more fully set forth herein below.
NOW, THEREFORE the City and the Developer agree as follows:
1. Section 5.03 paragraph 8. is hereby amended to read as follows:
8. Approval of Plans and Specifications for the South Gulfview
and Beach Walk Improvements. The City shall prepare plans and specifications and
budgets for the South Gulfview and Beach Walk Improvements. The City shall make
available drafts of such plans, specifications and budgets to the Developer for review and
comment. The City shall consider the Developer's comments and recommended changes
in the plans, specifications and budgets to the extent that the matter on which the
Developer is commenting materially impacts the Developer or the Project. The City and
the Developer agree that the design of those South Gulfview and Beach Walk
improvements adjacent to the Project Site shall be coordinated with the design of the
Project as provided in this Agreement below, and, for that purpose, the City shall make
available to the Developer copies of the, plans, specifications, and related construction
and landscaping contracts, drawings and schedules finally approved by the City.
Additionally, the City agrees to include the construction of Relocated First Street as an
alternate when soliciting bids for the construction of the Beach Walk__and _SOU!ll
~JLilj\)-:\\J}l1pr9y'~111~DI:;,
2. Section 5.03 paragraph 9. is hereby amended to read as follows:
9. Timelv Completion. The City and the Developer recognize the
importance of the timely completion of the proposed Project and of the completion of
South Gulfview and Beach Walk Improvements, and time is deemed to be of the essence.
The City considers this Agreement as overall authority for the Developer to proceed to
obtain all required permits, and agrees to implement a fast-track review, permitting, and
inspection program for the Project. The City agrees to use its bestrG~1.$.QImbJ9 efforts to
complete the required public improvements including the widening of Coronado, and the
realignment of South Gulfview and the construction of Beach Walk improvements along
Page 2
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
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the boundaries of the Project Site, prior to the issuance of the certificate of occupancy for
t!lGP1:Qj99LasprovidedminExhihilM(the"S-eHthmGulf\"ievimandmmBei'H3hWaJk
Impro\'ements Schedule"). The City's utili?ution of the construction schedule described
in Exhibit [\'1 i~; clependentcontingent upon payment by Developer of Developer's Pro
Rata Share (defined herein) to the City prior to the City awarding the construction
contracL
3. Section 5.05 paragraph 3 is hereby amended to read as follows:
5.05. Obligations of the Developer.
3. Relocated First Street. In conjunctionv;ith and conditioned upon the
Vacation of First Street, Thethe Developer shall convey to the City of Clearwater by
Central Wan-anty Deed. with title therein insured for not less than $500,000 by--'l
J.l9JiQn{1.JJYT~s:.Qgn.!.?9~L.umIGI\y!i..t~IQ[.:r.i..1.l..~.Jn?.!!mJJQQ.~1.!.Hl}i2Ij..?G~tJ.~~9Qg~l.!Jc::.J.J1.~LSil)_G?$.j})th~
.s.t9J.~_QL[lQlt~t<l,Jh e real..PI912erlY.JQxJs.s;lQS::il..1ecLEI rs t Street ..as J,ls;sc ri bQ~iJ.rL[1x 11 i b_LL0m19
the Development Agreement on or before March 30, 2006. In the event that Developer
has not removed all improvements from the property to be conveyed before March 30,
2QQ(),Jl!9(jty?b<J)19QlIlpJGtGn]Gst~n}QljtiQn~:\l]~tJh9I?GY9J~mGI?h.~:\ILTGil:l)Pl!I?gth~CjJ.Y
for all costs incurred. Such reimbursement shall be made within 30 days of demand bv
..............................................................00.....................................................................................................................................mm..........................................................................................................................................................m......................................................................................-'..
the City. Additionallv. the_ Developer shall either complete construction con:;truct, at
Developer's cost, of all the necessary improvements for the Relocated First Street,
including pavement, sidewalks and streetscaping;9rlQl:.hGJQT~(L)!Q2;9r,l}~)!]Jy..~b<;~jJy
hyl)9J<'ttQIth(~JJII~!2QQ2Jh<'tLI?9y91QP~rQJQgt5JQJmy9JbG()Jyggn?!l:m~LB~JQG~l.t~~LFjT?t
Street at Developer's expense. Con:;truction of Relocated First Street :;h<111 be completed
onorhef(H'etheJuterof.(i)two(2lyearsal1eFtheEffeetivBmDateor(ii+th-eissHuncBOr.a
rltlaJ-.6-erti-fieatB--()-}::....e-e€up-a:tle-y..4ef-the--Pmjee-t--des-er-i-bed-H1-.-the.--'s-ec-(H1{l--A-:H:teHded.-.-and
Restated De\eloprnent .\greement for Propel1y in the City of Clear\vater betv;een the
City and Beaclw,alk Resort, LtC. A repre:;entative em:;s :;ection [enccring :;uch
ilnpttWernentsisaHae-h-edh-er-t-'i-e.asm..gc*+lihitcN. Fm1her, in order to maintain traffic atter
JhG..G9nmJ~t.iQEm..QJ:Ehg_:>9.U..Q[B9':\Gb:\.Y.~:\Jh,I?9y~J9P9r.('>.h<'tUG9!.1~tr..q<:;t{~tjJ5~XP'~!.J~G,'1
t~1!JP9T<'tr.YJ:9<'t~hYflY.9J:J1QJG?$.J)}~l.nJ~YQt\.'!G.lYQjl)QtmJf1nP.~.f1.nSL9flgJGnJ.~!gL~jQ9\Y~l.U~
\yitbinJhe right of way of the Rc10catedFirst Street bv no later than the completion of
Phase U of Beach Walk by the Cily. Concurrent with the convevancc of the properlv to
th9CjJY,Jb9I2Qy~l.9J?_~I.?h~I..lJ~l'Jfll2li?!L,:\J9tt9L_9fGr.9.~jjt,JIq5t~19GQ~J])tgr9~<:;rQy.yJ}I(~i..ljty,
y.yhis;.h...._~hilU.J!.~..~ub jQct t ll...!h.9..<'tP1!r9.Y <1 l-,"l!J_g_.<!~_G9j)JaJJf.9._.gXJhGC;i.!Y,._i!).Jh9...~lmQ~!nt9L tV{Q
hundred fortv one thousand five hundred dollars ($241.500) for the payment of the
9.5timatcd cost of construction of permanent Relocated First Street and nintv six thousand
QQ)1'11:?J$9(),QQQ1JQJ:nlQP.!:!Ym9.nL9rJb~G51jn:]~IJ9~lGQ~JmQt:'mGQ1)?.!r.q9.JiQ!..LQCJhQJQP:IPQr.~l.rY
gGJQ9.m9~tfjr?ISlr~9.L..J!JU}9gY9.nlth9P9Y9IQP9.LQlGg.t5_JQh~YQ.J).!9m~~iJ.Y9.QP?lrq_GLn]9
Relocated First Street as provided herein, and the cost of constl1.!.<::!ion exceedsJ\..vg
hundred fortv one thousand fi ve hundred dol 'aI's ($24] ,500l.LPc\/_t:j.QJl',?T si}all. _he
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
Page 3
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responsible tor all such costs and shall make payment to the Citv upon demand, A
representative cross section reflecting such improvements is attached hereto as Exhibit N
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of the date set forth in the first paragraph of this Amendment.
THE CITY OF CLEARWATER, FLORIDA
Attest:
By:
City Clerk
By:
Mayor
Approved as to form:
Pamela K. Akin, Esquire
City Attorney
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day
of , 2006 by and , the Mayor and the
City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNATURES CONTINUED ON NEXT PAGE]
Page 4
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
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,
.
PREP ARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT
OF PROPERTY IN THE CITY OF CLEAR WATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
K & P CLEARWATER ESTATE, LLC
DATED AS
,2006
First Arnendment to K & P Clearwater Estate LLC Development Agreement 1-9-06
2. - IS- -Of.(
..
-,-1-:; ._,JI iiJ
c-<. { _/ ... V
C~ YJAl
~r
THIS FIRST AMENDMENT THE DEVELOPMENT AGREEMENT (the
"Amendment") is made as of this _ day of , 2006 (the "Effective Date"), by
and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (the "City") and K & P CLEARWATER EST ATE, L.L.c., a Florida limited
liability company (the "Developer").
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WITNESSETH
WHEREAS, the City and the Developer are parties to that certain Development
Agreement as recorded in O.R. Book 14168, Pages 2397-2528, Public Records of
Pinellas County, Florida (the "Development Agreement"); and
WHEREAS, the City and the Developer desire to amend certain terms and
provisions of the Development Agreement, as more fully set forth herein below.
NOW, THEREFORE the City and the Developer agree as follows:
1. Section 5.03 paragraph 8. is hereby amended to read as follows:
8. Approval of Plans and Specifications for the South Gulfview
and Beach Walk Improvements. The City shall prepare plans and specifications and
budgets for the South Gulfview and Beach Walk Improvements. The City shall make
available drafts of such plans, specifications and budgets to the Developer for review and
comment. The City shall consider the Developer's comments and recommended changes
in the plans, specifications and budgets to the extent that the matter on which the
Developer is commenting materially impacts the Developer or the Project. The City and
the Developer agree that the design of those South Gulfview and Beach Walk
Improvements adjacent to the Project Site shall be coordinated with the design of the
Project as provided in this Agreement below, and, for that purpose, the City shall make
available to the Developer copies of the, plans, specifications, and related construction
and landscaping contracts, drawings and schedules finally approved by the City.
Additionally, the City agrecs to include the construction of Rclocated First Street as an
alternate when soliciting bids fc)r the construction of the Bcach Walk and South
Gl.IltYjE;\yJnmr.QY~mE;m~.,
2. Section 5.03 paragraph 9. is herebv amended to read as follows:
9. Timelv Completion. The City and the Developer recognize the
importance of the timely completion of the proposed Project and of the completion of
South Gulfview and Beach Walk Improvements, and time is deemed to be of the essence.
The City considers this Agreement as overall authority for the Developer to proceed to
obtain all required permits, and agrees to implement a fast-track review, permitting, and
inspection program for the Project. The City agrees to use its bestrs.:~ls..QXl<.lhJ~ efforts to
complete the required public improvements including the widening of Coronado, and the
realignment of South Gulfview and the construction of Beach Walk Improvements along
Page 2
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
e
e
.
the boundaries of the Project Site, prior to the issuance of the ccriificate of occupancv for
th~PrQj~~tmm"{-l:S-"'-''Pf{)vided-min-._mE*.fJibit..mMm(the.-_...",'-SB-utft-..--CJulf.\4ew--.-..and...-B-e-a-Bh...-W-a1k
Inlprovoment; Schedule"). The City's utilization of tho construction schedule described
mExhibiti'vl is dependentcontingent upon payment by Developer of Developer's Pro
Rata Share (defined herein) to the City prior to the City awarding the construction
contract
Section 5.05 paragraph 3 is hereby amended to read as follows: J .
iN dav2tfJp2r w{M ~U oYd 10 &h1 fJ
d#!i'~ yPlQ G\ \~ " ~ <~/
3. Relocated First Street. l~j~Q,r,~th~d COllditi~,ed 'upon the
Vacation of First Street, Theffi.e Developer shall convey to the Citv of Clcarwatel~.J1.Y
General \Vananty Deed. with title therein insured for not less than $500,000 bv a
11,ttiQll~1)JY]:'Q.~Qgni?9~L.~.L.mI9!:\Yrit~LQrJ:ilJ9Jl1?1IT(11J~g~!lltJIQTi/,9~LtQmf;Q1J\h19tbq~iE9~~jnJh(:?
SI~~9QCrJQIi..~1~1.,.J.J.1.9.....r..9m.:L.LPIQp.9n.Y....J~1.I.g_9IQ9mm9~tEi..r..~LSl[9(:?t~I.~~19.5.9Jjh9Qi..l.l.B.~.J.IihiJ_N.tQ
the Development Agreement on or beJ~)[e March 30, 2006. In the event that Developer
has not removed all improvements from the property to be conveyed before March 30,
2QQQ,Jh9Gity~b~IJf;Q.1J..m19.t9Jh.Q...\I~mQJitjQn_'l.n~LJb91?_9Y9JQP9I5.h~iJJT~imh~lni~Jh9CjJY
i~1.I~1UmgQ~t5.jnGqIr9.\L....S.U9h..IQ.i.mh~!r?gn}GnL~JmllP~mlI1~1.l1~\yilh.jnJQ~l....i:1Y?Qr'~JGIIl~trllJmby
the City. Additionally. the Developer shall either complete construction con:;truct, at
Developer's cost, of all the necessary improvements for the Relocated First Street,
including pavement, sidewalks and streetscaping;mQXlgIbGJQTG(~fJjQ2;Ql:,lJQ1)JythGC)JY
bY)}QJ~tGTthg1Jla.a()Q9Ih~tP9YGJQP9rGJG9t?tQh~YGthG('jtyGQI}$tILlf;LR9IQG~t9ciFiT~t
Street at Developer's expense. Con:;tn.lction of Relocated Fir:;t Street :;h[\l1 be completed
!ij /1,/1 I . on...of...bet{c,J'e.tltelat.cr...of.(i)...t\vo...(2.J...yeHrs..at1ertheE.f.fecti.veDate...or(ii.)...thei,ssllance...ofa
/J'tCfrs .fl11al.......cerlificatem.of:....occHpaJ.Jc.Y'.......!f)f.....the.....P.rojeclm...descFibe.(j....min.......the......S.ecol1dm..i\.fn.en:ded......a:fJ.d
fl171{ Sf ))... Restated Development /\greement for Property in the City 0 f Clear\Htter bet\\'een .-t-hc
,"'L. City and Beachwallc' Resort-LtC. /\ repre:;cntativc cro:;~; :;ection reflecting ~;uch
3.
5.05.
qU(~;r\- Th~ €Alhl0jt fA) 0,dlrjj., - l{ M! dBGrtPhrY\
Fi,,' Am~mliW.Jp i;p,Ji8'dididilfi't;;,~o6J;l,5S g(CA {11 tage3
t(;llJPQr(1]:YT();!~l\yC1ygJ'!lQJG?~t)lm].t\YQJ\Y9J\!G!l?qt)~mG5.(!n~L(?nGJG]lj(?Qt~1~19'vY~llJ5:
\~Jthin th2_right of way of the Relocated First Street bv no later than the completion of
Phase II of Beach Walk by the City. Concurrent with the convevance of the propertv to.
the City. the D> ' . ")f credit trust account or escrow facility in
.__....,........................~{....{............................. om ... mm.............................................. ......,..................................................................m.........................................,.......................................................................1................
~KbG....~ln)Q.~m.t..... . .:..m.m.Q~H::U...I.QI?EQB.IB.RJY.UNEm.. JQrmlh.GJ!.~1YDJ9n.L..QCJ.b9.m.G5.til:rEl.tQ.~L...<:;.Q.?t
of construction Jorarv an' rmanent Relocated First Street which shall
be subiect to the approval and acceptance of the City. In the event the Developer elects
- ~=~?J:~~~~~=~~!~~r;
A representative cross section reflecting such improvements is attacheCl ~ereto as Exhibit
N
e
e
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of the date set forth in the first paragraph of this Amendment.
THE CITY OF CLEARWATER, FLORIDA
Attest:
By:
City Clerk
By:
Mayor
Approved as to form:
Pamela K. Akin, Esquire
City Attorney
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day
of , 2006 by and , the Mayor and the
City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNA TURES CONTINUED ON NEXT PAGE]
Page 4
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
e
PREPARED BY AND WHEN RECORDED RETURN TO:
\,J~ rL
~ I V I ov
FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT
OF PROPERTY IN THE CITY OF CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
K& P CLEARWATER ESTATE, LLC
DATED AS
,2006
First Amendment to K & P Clearwater Estate LLC Development Agreement 1-9-06
e
e
THIS FIRST AMENDMENT THE DEVELOPMENT AGREEMENT (the
"Amendment") is made as of this _ day of ,2006 (the "Effective Date"), by
and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (the "City") and K & P CLEARWATER ESTATE, L.L.C., a Florida limited
liability company (the "Developer").
WITNESSETH
WHEREAS, the City and the Developer are parties to that certain Development
Agreement as recorded in O.R. Book 14168, Pages 2397-2528, Public Records of
Pinellas County, Florida (the "Development Agreement"); and
WHEREAS, the City and the Developer desire to amend certain terms and
provisions of the Development Agreement, as more fully set forth herein below.
NOW, THEREFORE the City and the Developer agree as follows:
1. Section 5.03 paragraph 8. is hereby amended to read as follows:
8. Aooroval of Plans and Specifications for the South Gulfview
and Beach Walk Imorovements. The City shall prepare plans and specifications and
budgets for the South Gulfview and Beach Walk Improvements. The City shall make
available drafts of such plans, specifications and budgets to the Developer for review and
comment. The City shall consider the Developer's comments and recommended changes
in the plans, specifications and budgets to the extent that the matter on which the
Developer is commenting materially impacts the Developer or the Project. The City and
the Developer agree that the design of those South Gulfview and Beach Walk
Improvements adjacent to the Project Site shall be coordinated with the design of the
Project as provided in this Agreement below, and, for that purpose, the City shall make
available to the Developer copies of the, plans, specifications, and related construction
and landscaping contracts, drawings and schedules finally approved by the City.
Additionally, the City agrees to include the construction of Relocated First Street as an
alternate when soliciting bids for the construction of the Beach Walk and South
Gulfview Improvements
2. Section 5.03 paragraph 9. is hereby amended to read as follows:
9. Timelv Comoletion. The City and the Developer recognize the
importance of the timely completion of the proposed Project and of the completion of
South Gulfview and Beach Walk Improvements, and time is deemed to be of the essence.
The City considers this Agreement as overall authority for the Developer to proceed to
obtain all required permits, and agrees to implement a fast-track review, permitting, and
inspection program for the Project. The City agrees to use its bestreasonable efforts to
complete the required public improvements including the widening of Coronado, and the
realignment of South Gulfview and the construction of Beach Walk Improvements along
Page 2
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
e
e
the boundaries of the Project Site, prior to the issuance of the certificate of occupancy for
the Proiect as provided in Exhibit M (the "South Gulfview and Beach Walk
Improvements Schedule"). The City' s utilization of the construction schedule described
in Exhibit M is dependentcontingent upon payment by Developer of Developer's Pro
Rata Share (defined herein) to the City prior to the City awarding the construction
contract. However, The City and the Developer recognize that staging and site access
issues will have a substantial impact on the Beach Walk construction schedule.
3. Section 5.05 paragraph 3 is hereby amended to read as follows:
5.05. Obligations of the Developer.
3. Relocated First Street. In conjunction with and conditioned upon the
Vacation of First Street, Thethe Developer shall convey{! to the City of Clearwater by ~
General Warranty Deed, with title therein insured for not less than $500,000 by a
nationally recognized underwriter of Title Insurance authorized to conduct business in the
State of Florida, the real property for Relocated First Street as described in Exhibit N to
the Development Agreement on or before March 30, 2006. Additionally, the Developer
shall either complete constructionXconstruct, at Developer's cost,~ all the necessary
improvements for the Relocated First Street, including pavement, sidewalks and
streetscaping-:-- on or before 12/31/0 . or notif the Cit b no later tha 9/01/07 that
Developer elects to have the C1 y construct XRelocated First Street at Deve oper's ~ ....;tn.
expense. Construction of Relocated First Street shall be completed on or before the later
of (i) two (2) years after the Effective Date or (ii) the issuance of a final certificate of
occupancy for the Project described in the Second Amended and Restated Development
Agreement for Property in the City of Clearwater between the City and Beachwalk
Resort, LLC. A representative cross section reflecting such improvements is attached
hereto as Exhibit N. Concurrent with the conveyance of the property to the City, the
Developer shall establish a letter of credit trust account or escrow facility in the amount
of two hundred ten thousand dollars ($210,000) for the payment of the estimated cost of
construction of Relocated First Street which shall be subiect to the approval and
acceptance of the City. In the event the costs of construction exceeds two hundred ten
thousand dollars ($210,0001, Developer shall be responsible for all such costs and shall
make payment to the City upon demand. A representative cross section reflecting such
improvements is attached hereto as Exhibit N Q) I.:,~i ~k ~.Q....Jt.\"'f v ~ ~h",h'j, ...}. h~~
e~\'a.; or 1
CD ~ Cih, ClN't~c-h:i,...1- ~~t\~ ~l..
(,J~f- u J,dt- IINl.,..h~ n-I--,u- ~o(\~. ~ )0 ..,.+~ .
IN WITNESS WHEREOF, the parties hereto Mve set their hands and their
respective seals affixed as of the date set forth in the first paragraph of this Amendment.
THE CITY OF CLEARWATER, FLORIDA
Page 3
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
~
~ ~~.A
~
e
e
Attest:
By:
City Clerk
By:
Mayor
Approved as to form:
Pamela K. Akin, Esquire
City Attorney
STAlE OF FLORIDA )
)
COUNTY OF PlNELLAS )
The foregoing instrument was acknowledged before me this _ day
of , 2006 by and , the Mayor and the
City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNATURES CONTINUED ON NEXT PAGE]
Page 4
First Amendment to K & P Clearwater Estate, llC Development Agreement 1-9-06
e
1Y~ Z-L-o~
e
PREP ARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT
OF PROPERTY IN THE CITY OF CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
K & P CLEARWATER ESTATE, LLC
DATED AS
,2006
First Amendment to K & P Clearwater Estate LLC Development Agreement 1-9-06
e
e
THIS FIRST AMENDMENT THE DEVELOPMENT AGREEMENT (the
"Amendment") is made as of this _ day of , 2006 (the "Effective Date"), by
and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (the "City") and K & P CLEARWATER EST ATE, L.L.c., a Florida limited
liability company (the "Developer").
WITNESSETH
WHEREAS, the City and the Developer are parties to that certain Development
Agreement as recorded in O.R. Book 14168, Pages 2397-2528, Public Records of
Pinellas County, Florida (the "Development Agreement"); and
WHEREAS, the City and the Developer desire to amend certain terms and
provisions of the Development Agreement, as more fully set forth herein below.
NOW, THEREFORE the City and the Developer agree as follows:
1. Section 5.03 paragraph 8. is hereby amended to read as follows:
8. Approval of Plans and Specifications for the South Gulfview
and Beach Walk Improvements. The City shall prepare plans and specifications and
budgets for the South Gulfview and Beach Walk Improvements. The City shall make
available drafts of such plans, specifications and budgets to the Developer for review and
comment. The City shall consider the Developer's comments and recommended changes
in the plans, specifications and budgets to the extent that the matter on which the
Developer is commenting materially impacts the Developer or the Project. The City and
the Developer agree that the design of those South Gulfview and Beach Walk
Improvements adjacent to the Project Site shall be coordinated with the design of the
Project as provided in this Agreement below, and, for that purpose, the City shall make
available to the Developer copies of the, plans, specifications, and related construction
and landscaping contracts, drawings and schedules finally approved by the City.
Additionally, the City agrees to inelude the construction of Relocated First Street as an
alternate when soliciting bids for the construction of the Beach Walk and South
Gl1lfyi~yyJnmIQY~n}~pt~,
2. Section 5.03 paragraph 9. is hereby amended to read as follows:
9. Timelv Completion. The City and the Developer recognize the
importance of the timely completion of the proposed Project and of the completion of
South Gulfview and Beach Walk Improvements, and time is deemed to be of the essence.
The City considers this Agreement as overall authority for the Developer to proceed to
obtain all required permits, and agrees to implement a fast-track review, permitting, and
inspection program for the Project. The City agrees to use lts bestr~~l~9fl~lh!s: efforts to
complete the required public improvements including the widening of Coronado, and the
realignment of South Gulfview and the construction of Beach Walk Improvements along
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
Page 2
e
e
the boundaries of the Project Site, prior to the issuance of the certificate of occupancy f()r
tl:l~PrQ.i9f.Las""provided..inExhihil..M....{lhe..I'S(Hlth....GHlfvie'vv..undBeaeh..WaJk
Improvement"; Schedule"). The City's utilization of the construction schedule de:;cribed
in Exhibit lvl i~; dependentcontingent upon payment by Developer of Developer's Pro
Rata Share (defined herein) to the City prior to the City awarding the construction
contract. However, 'rhe eitv and the Developer recounize that stauinu and site access
............................................................................................1.................................................................................. ........................................1::>................................................................:;,...........1:;:>................................................................................
i\'>.?!.I.~:?~yiJJh9:.y~~I.$.~l.h?.t.m..1ti..<.1Jjmp9:.f.LQnJh9..B.G~1.g.h\:Y?:lk,.gQn?In)_gJjQ})?gh~~l~I.Jg,
3. Section 5.05 paragraph 3 is hereby amended to read as follows:
5.05. Obligations of the Developer.
3. Relocated First Street. In conjunction with and conditioned upon 4e
VaeatiollofFirstStreet,Thethe Developer shall conveved to the City of Clearwater bv
(JCXlc;Till\V,1IT,111tyI)c;t;(1,\\jthtit!gtI19Ic;i!lill:?ll}'c;(LJ~)Tr1QI19??Jhill1$5()(),QUUJ!Y..,1
lJ(giQlJ,:I.JJYTc;g()gniZ~4q!l(jgr~Yr.jt9rQ..rTit]~Jn~11I~lnG~:~l.mhQr.i.?9.~LlQfQD.~lll.f.thl.l.?jnG\'>.?inJb.G
State of Florida. the real propeliv for Relocated First Street as described in Exhibit N to
the Development Agreement on or before March 30, 2006. Additionallv, the Developer
?h,:~UGith~rG9nillJ9.t9...f...Qn$tn!~tjOl}constfuct, at Developer's cost,.. of all the necessary
improvements for the Relocated First Street, including pavement, sidewalks and
streetscaping:- on or bcl~)re 12/31/07; or, noti fv the City bv no later than 9/01/07 that
Developer elects to have the City construct Relocated First Street at Developer's
9:'(PGP.?G..const-ruetioHofRelooated,r;'irst..Streetshal1becoHlpleie-doHorbej.(wethelaler
of (i) lwo (2) yeur~, aHer the Effecti\e Date or (ii) the i~;suance of a final certdicatc of
occupancy for the Project described in the Second ,^,mended and Re~;tated Development
Agn..>enlentfoFPropertyin.tlle('ityofClearwaterhetweentheCitY"HHdBeHehwulk
!<:esoFl;L,L'c:,/\-.rep-f€-'"entativecrossst,'0tionrelleetingsHchiulprOV0Hlentsisattached
11 e reto as I~xJJD2H....N .Co 1!f.~gI9r.Hl.\lj.t!LJ!J_9...9QJI\!~Y~l.n.9.G...Q[Jh9...PIQP9nYIQJhG...C'iJY,......t.IJ~:
Developer shall establish a letter of credit. trust account or escrow l~lCilitv in the amount
of l\vo hundred ten thousand dollars ($210,000) for the payment of the estimated cost of
(;()[l$tl:q(~liQl!()Lg9J()~?:t9~LFir?.tStTc;9t\\illi<:JlSh,11Ibc;?qbj<::(;.tJQJb9,lpprQY'JI~1}~1
<IC<:9Pl~lrlg9Q!'Jb9CilY,Jl1JhGc;Y9nLlhG_(;Q$t~QC(;Ql)$I):11<:JiQ]lG)((;9GQ~J~y()blln~Ir9~IJG!1
thousand dollars ($210,000) , Developer shall be responsible f()r all such eosts and shall
ID.ake payment to the City upondeman_lL__ A representative cross section reflecting such
improvements is attached hereto as Exhibit N
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of the date set forth in the first paragraph of this Amendment.
THE CITY OF CLEARWATER, FLORIDA
Page 3
First Amendment to K & P Clearwater Estate. LLC Development Agreement 1-9-06
e
e
Attest:
By:
City Clerk
By:
Mayor
Approved as to form:
Pamela K. Akin, Esquire
City Attorney
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day
of , 2006 by and , the Mayor and the
City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNATURES CONTINUED ON NEXT PAGE]
Page 4
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
I
e
e
PREP ARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT
OF PROPERTY IN THE CITY OF CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
K & P CLEARWATER ESTATE, LLC
DATED AS
,2006
First Amendment to K & P Clearwater Estate LLC Development Agreement 1-9-06
\-\~
C(~I .
I
e
e
THIS FIRST AMENDMENT THE DEVELOPMENT AGREEMENT (the
"Amendment") is made as of this _ day of ,2006 (the "Effective Date"), by
and between THE CITY OF CLEARWATER, FLORIDA, a Florida municipal
corporation (the "City") and K & P CLEARWATER ESTATE, L.L.C., a Florida limited
liability company (the "Developer").
WITNESSETH
WHEREAS, the City and the Developer are parties to that certain Development
Agreement as recorded in O.R. Book 14168, Pages 2397-2528, Public Records of
Pinellas County, Florida (the "Development Agreement"); and
WHEREAS, the City and the Developer desire to amend certain terms and
provisions of the Development Agreement, as more fully set forth herein below.
NOW, THEREFORE the City and the Developer agree as follows:
1. Section 5.03 paragraph 8. is hereby amended to read as follows:
8. Approval of Plans and Specifications for the South Gulfview
and Beach Walk Improvements. The City shall prepare plans and specifications and
budgets for the South Gulfview and Beach Walk Improvements. The City shall make
available drafts of such plans, specifications and budgets to the Developer for review and
comment. The City shall consider the Developer's comments and recommended changes
in the plans, specifications and budgets to the extent that the matter on which the
Developer is commenting materially impacts the Developer or the Project. The City and
the Developer agree that the design of those South Gulfview and Beach Walk
Improvements adjacent to the Project Site shall be coordinated with the design of the
Project as provided in this Agreement below, and, for that purpose, the City shall make
available to the Developer copies of the, plans, specifications, and related construction
and landscaping contracts, drawings and schedules finally approved by the City.
Additionally, the City agrees to include the construction of Relocated First Street as an
altemate when soliciting bids for the construction of the Beach Walk and South
Gulfview Improvements.
2. Section 5.03 paragraph 9. is hereby amended to read as follows:
9. Timelv Completion. The City and the Developer recognize the
importance of the timely completion of the proposed Project and of the completion of
South Gulfview and Beach Walk Improvements, and time is deemed to be of the essence.
The City considers this Agreement as overall authority for the Developer to proceed to
obtain all required permits, and agrees to implement a fast-track review, permitting, and
inspection program for the Project. The City agrees to use its bestreasonable efforts to
complete the required public improvements including the widening of Coronado, and the
realignment of South Gulfview and the construction of Beach Walk Improvements along
Page 2
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
e
e
the boundaries o[the Project Site, prior to the issuance of the celiificate of occupancy for
the Proiect, as provided in Exhibit M (the "South Gulfvie'vv and Beach Walk
Improvements Schedule"). The City's utilization of the construction schedule described
in Exhibit M is dependentcontingcnt upon payment by Developer of Developer's Pro
Rata Share (defined herein) to the City prior to the City awarding the construction
co n trac t ...J:.l.~~Y,:~_'<~r,__Ih~_.cjJ.Y_~D~l.JJ!~J)G.Y~JQPgLJ:~S;Q.gr.ljz~Jbf.I.L..~.l.f.U~jn.g_~!n~L_~jJ~A<;~:g.??.
issues will have a substantial impact on the Beach Walk construction schedule.
3. Section 5.05 paragraph 3 is hereby amended to read as follows:
5.05. Obligations of the Developer.
3. Relocated First Street. In conjunction '.'lith and conditioned upon the
Vacation of First Street, Thet-lte Developer shall convey to the City the real property for
Relocated First Street as described in Exhibit N to the Development Agreement on or
before March 30. 2006. Additionally, the Developer shall either complete construction
construct, at Developer's cost,~ all the necessary improvements for the Relocated First
Street, including pavement, sidewalks and streetscaping.,- on or before 12/31/07; or,
notify the City by no later than 9/0 lI07 that Developer elects to have the City construct
Relocated First Street at Developer's expense. Construction of Relocated First Street
shall be completed on or before the later of (i) 1\.'.'0 (2) years atter the Effective Date or
(-ii) the issuance of a final certificate of oecupancy for-t-lte-Project described-..ffi-tfl.e-.8-e6-(me
Amended and Restated Development Agreement for Prope11y in the City of Clearwater
between the City and Beacll'tvalk Resort, LLC. ;\ representative cross section reflecting
such improvements is attached hereto as Exhibit N. Concurrent with the conveyance of
the property to the City. the Developer shall establish a letter of credit, trust account or
escrow facility in the amount of two hundred ten thousand dollars ($210,000) for the
payment of the estimated cost of construction of Relocated First Street which shall be
subject to the approval and acceptance of the City. In the event the costs of construction
exceeds two hundred ten thousand dollars ($210,000) . Developer shall be responsible for
all such costs and shall make payment to the City upon demand. A representative cross
section reflecting such improvements is attached hereto as Exhibit N
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of the date set forth in the first paragraph of this Amendment.
THE CITY OF CLEARWATER, FLORIDA
Attest:
Page 3
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
e
e
By:
City Clerk
By:
Mayor
Approved as to form:
Pamela K. Akin, Esquire
City Attorney
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day
of , 2006 by and , the Mayor and the
City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNATURES CONTINUED ON NEXT PAGE]
Page 4
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
e d 'I ek session Item #:
earwater City Coune!
Agenda Cover Memorandum Final Agenda Item #
Meeting Date:
03-16-06
SUBJECT/RECOMMENDATION:
APPROV AL of an amended Development Agreement between K & P Clearwater Estates, LLC (the property
owner) and the City of Clearwater (previously approved DV A2004-00001 by City Council on February 17,
2005).
(DY A 2004-00001A)
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The subject property is 2.739 acres (including First Avenue and a portion of South Gulfview Boulevard
rights-of-way; excluding new Second Street right-of-way and a portion of Coronado Avenue). It is
located to the south of and between South Gulfview Boulevard and Coronado Drive.
. On August 17, 2004 the Community Development Board approved a Flexible Development application
(FLD2004-02013) for the construction of a 350-unit hotel with associated amenities and 75 attached
dwellings for this site. The project included the use of 250 hotel rooms from the Beach by Design
density pool.
. The City Council originally approved a Development Agreement for this property on February 17, 2005
(DY A2004-00001). This is a City-initiated amendment to that agreement which makes the following
reVISIOns:
o Adds a provision that the City will include the construction of Relocated First Street as an
alternate when soliciting bids for Beach Walk and South Gulfview construction;
o Revises provisions relating to the timely completion of Beach Walk, South Gulfview Boulevard
and Coronado A venue; and
o Amends provisions relating to the developer's obligations for constructing Relocated First Street.
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.
Please refer to the attached development agreement report (DV A2004-0000 1 A) for the complete staff analysis.
Reviewed by: Originating Dept.: Costs
Legal Info Srvc N/A PLANNING DEPARTMENT Total
(Gina L. Clayton)
Budget N/A Public Works N/A User Dept.: Funding Source:
Purchasing N/A DCM/AcM Planning Current FY CI
Risk Mgmt N/A Other Attachments: Resolution OP
STAFF REPORTS Other
Submitted by: D None Appropriation Code:
City Manager
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The Community Development Board reviewed this application at its public hearing on February 21, 2005 and
unanimously recommended approval of the application.
S:IPlanning DepartmentlC D BILand Use AmendmentslLUZ 2005ILUZ2005-01001 2485 Druid Sun Group ConstructionlLUZ2005-01001 CC cover memo doc
S IPlanning DepartmentlC D BIDevelopment Agreements1DVA2004-0000J A Coronado OJ 00 K & P Clearwater c;state, LLelj) V A2004-0000 J A CC cover memu.duc
CDB Meeting Date:
Case Number:
Agenda Item:
Owner:
Applicant:
Addresses:
e e
February 21. 2006
DV A2004-00001A
F3
K & P Estate Clearwater Estate, LLC
City of Clearwater
100 Coronado Drive and 201. 215 and 219 South Gulfview Boulevard
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
GENERAL INFORMATION:
REQUEST:
EXISTING ZONING/
LAND USE:
PROPERTY SIZE:
PROPERTY USE:
ADJACENT ZONING/
LAND USES:
Review of, and recommendation to the City Council, of an amended
Development Agreement between K & P Clearwater Estate, LLC
(the property owner) and the City of Clearwater (previously
approved DV A2004-00001 by City Council on February 17, 2005).
Tourist (T) District; Resort Facilities High (RFH) Category
Existing: 2.427 acres
Proposed: 2.739 acres (including First Avenue and a portion of
South Gulfview Boulevard rights-of-way; excluding new Second
Street right-of-way and a portion of Coronado Avenue)
Current Use: Overnight accommodation uses, retail sales and
services and restaurants.
Proposed Use: Hotel of 350 rooms (127.78 rooms/acre on total site),
75 attached dwellings (27.38 units/acre on total site) and a
maximum of 37,000 square feet (0.31 FAR on total site) of
amenities accessory to the hotel, at a height of 150 feet (to roof
deck) with an additional five feet for perimeter parapets (from roof
deck) and an additional 33 feet for elevator, stair, mechanical
rooms/architectural embellishments (from roof deck).
North: Open Space/Recreation District; Pier 60 and parking
East: Tourist District; Overnight accommodations
South: Tourist District; Overnight accommodations
West: Open Space/Recreation District; Beach and Gulf of Mexico
Revised Staff Report for City Council- March 2,2006 - Case DV A2004-00001A
Page 1 of 4
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CHARACTER OF THE
IMMEDIATE VICINITY: The surrounding area includes tourist-dominated uses, including
overnight accommodations, restaurants, retail sales and services and
water-based uses at the Marina.
ANAL YSIS:
Site Location and Existing Conditions: The existing properties total 2.427 acres and are located
to the south of and between South Gulfview Boulevard and Coronado Drive. The entire
redevelopment site also includes a portion of the eastern and northern half of the South Gulfview
Boulevard right-of-way and the First Street right-of-way between South Gulfview Boulevard and
Coronado Drive (proposed to be vacated for a new acreage of 2.739 acres). The properties are
developed with various motels (Days Inn, Beach Towers Motel, Spyglass Motel and Golden Beach
Motel) and numerous retail sales and restaurant uses. The surrounding area is intensely developed
with a variety of uses including restaurants, motels, hotels, retail sales and services and a City-
owned public parking lot. The site is located within the Beach Walk District of the Beach by
Design special area plan.
Approved Development:
On August 17, 2004, the Community Development Board (CDB) approved a Flexible
Development application for the construction of a 350-unit hotel with associated amenities and 75
attached dwellings as a mixed-use development (FLD2004-02013). The City Council approved a
companion Development Agreement on February 17, 2005 (Case No. DV A2004-00001). These
development approvals authorized the following:
. Use of250 hotel rooms from the Beach by Design density pool;
. Maximum building height of 150 feet;
. Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive
and proposed Second Street;
. Vacation of the First Street right-of-way between Coronado Drive and Gulfview
Boulevard;
. Dedication of right-of-way for proposed Second Street between Coronado Avenue and
Gulfview Boulevard; and
. Dedication of right-of-way for Coronado Drive between proposed Second Street and
Gulfview Boulevard.
On May 17, 2005, the CDB approved a Flexible Development application amending the prior
project to modify the location of an elevated pedestrian walkway over South Gulfview Boulevard.
Proposal: The proposed amended Development Agreement revises the previously approved 2005
Development Agreement with regard to issues associated with Beach Walk construction and the
timing of the dedication of land for Relocated 151 Street (to be known as Second A venue once
constructed), as well as for the construction of Relocated 151 Street. The amended Development
Agreement makes the following revisions:
Revised Staff Report for City Council- March 2, 2006 - Case DV A2004-0000 1 A
Page 2 of 4
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. Adds a provision that the City will include the construction of Relocated First Street as an
alternate when soliciting bids for Beach Walk and South Gulfview construction. (see
Section 5.03 paragraph 8)
. Revises provisions relating to the timely completion of Beach Walk, South Gulfview
Boulevard and Coronado Avenue. The original agreement specified that the City would
use its "best efforts" to complete these public improvements according to a specific
schedule provided the developer makes payment of its pro rata share of the improvements
prior to the City awarding a construction contract. The proposed amendment obligates the
city to use "reasonable efforts" to complete the construction of these improvements along
the project's boundaries prior to the issuance of the certificate of occupancy for the project
and contingent upon the City receiving the developer's pro rata share prior to the City
awarding the construction contract. (see Section 5.03 paragraph 9)
. Amends provisions relating to the developer's obligations for constructing Relocated 151
Street. The original agreement specified that upon the vacation of First Street, the
developer would construct improvements for Relocated 151 Street within certain
timeframes. The proposed revision requires the developer to convey the land needed for
Relocated 151 Street to the City by March 30, 2006. In the event the developer has not
demolished site improvements on this land, the City will remove the improvements at the
developer's expense. The amendment also specifies that the developer must complete
construction of Relocated 151 Street by June 1, 2009 or request the City to construct the
improvements by January 2, 2009 and pay for such improvements. Additionally, the
revision obligates the developer to construct a temporary roadway and sidewalk within the
Relocated 151 Street concurrent with the completion of Phase II of Beach Walk, which is
the portion of improvements adjacent to the Hyatt and this property. Lastly the amendment
requires the developer to establish a letter of credit or other mechanism to ensure that
monies are available to construct both the permanent and temporary improvements to
Relocated First Street. (see Section 5.05. paragraph 3)
The Community Development Board is required to review the proposed Development Agreement
amendments and make a recommendation to the City Council. The most recent negotiated
amendments have been attached to the staff report for the Board's review.
Community Development Code Section 4-606.A. specifies that the City Council may enter into
Development Agreements to encourage a stronger commitment to comprehensive and capital
facilities planning, ensure the provision of adequate public facilities for development, encourage
the efficient use of resources, and reduce the economic cost of development. The purpose of the
proposed amendments is to ensure the timely completion of this catalytic hotel development in
conjunction with the public improvements to South Gulfview, Beach Walk, Coronado Avenue and
Relocated 151 Street.
Revised Staff Report for City Council- March 2,2006 - Case DV A2004-00001A
Page 3 of 4
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SUMMARY AND RECOMMENDATION:
Based on the following findings of fact and conclusions of law, the Planning Department
recommends APPRO V AL, and recommendation to the City Council, of an amended
Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the
City of Clearwater (previously approved DV A2004-0000l by City Council on February 17,2005)
for the site at 100 Coronado Drive and 201, 215 and 219 South Gulfview Boulevard.
Findings of Fact and Conclusions of Law
1. There is a need to better coordinate and revise the timing and obligations of certain
infrastructure improvements in conjunction with the construction of this hotel/residential
mixed-use project;
2. The amended Development Agreement is consistent with and furthers the goals,
objectives, and policies of the Comprehensive Plan that support beach redevelopment
through the resort density pool and the enhancement of public rights-of-way and the
vacation of rights-of-way on Clearwater Beach;
3. The amended Development Agreement complies with the standards and criteria of Section
4-606; and
4. The amended Development Agreement furthers the vision of Beach redevelopment set
forth in Beach by Design through the construction of catalytic resort development and the
construction of Beach Walk.
Prepared by: Planning Department Staff:
Gina L. Clayton, Assistant Planning Director
ATTACHMENTS:
Location Map
Aerial Map
Zoning Map
Existing Surrounding Uses Map
Application
S:\Planning DepartmentlC D B\Development Agreements\DVA2004-0000lA Coronado 0100 K & P Clearwater
Estate, LLCICoronado 0100 Revised Amended Dev. Agree. Staff Reportfor 3.2.06 CCdoc
Revised Staff Report for City Council- March 2,2006 - Case DV A2004-00001A
Page 4 of 4
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RESOLUTION NO. 06-11
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND K & P CLEARWATER ESTATE, LLC;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of amending the Development
Agreement with K & P Clearwater Estate, LLC that was adopted by the City Council on
February 17, 2005, by Resolution No. 05-13; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Amendment to the Development Agreement between the City
of Clearwater and K & P Clearwater Estate, LLC. a copy of which is attached as Exhibit
"A" is hereby approved.
Section 2. The City Clerk is directed to record the Amendment to the
Development Agreement with the Clerk of the Circuit Court in Pinellas County no later
than fourteen (14) days after the agreement is executed. The applicant for the
Development Agreement shall bear the expense of recording the amendment.
Section 3. The City Clerk is directed to submit a recorded copy of the
Amendment to the Development Agreement to the State of Florida Department of
Community Affairs no later than fourteen (14) days after the Amendment to the
Development Agreement is recorded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 06-11
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PREP ARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO AGREEMENT FOR DEVELOPMENT
OF PROPERTY IN THE CITY OF CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
K & P CLEAR WATER EST ATE, LLC
DATED AS
,2006
First Amendment to K & P Clearwater Estate LLC Development Agreement 1-9-06
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THIS FIRST AMENDMENT THE DEVELOPMENT AGREEMENT (the
"Amendment") is made as of this _ day of , 2006 (the "Effective Date"), by
and between THE CITY OF CLEAR WATER, FLORIDA, a Florida municipal
corporation (the "City") and K & P CLEARWATER ESTATE, L.L.c., a Florida limited
liability company (the "Developer").
WITNESSETH
WHEREAS, the City and the Developer are parties to that certain Development
Agreement as recorded in O.R. Book 14168, Pages 2397-2528, Public Records of
Pinellas County, Florida (the "Development Agreement"); and
WHEREAS, the City and the Developer desire to amend certain terms and
provisions of the Development Agreement, as more fully set forth herein below.
NOW, THEREFORE the City and the Developer agree as follows:
1. Section 5.03 paragraph 8. is hereby amended to read as follows:
8. Approval of Plans and Specifications for the South Gulfview
and Beach Walk Improvements. The City shall prepare plans and specifications and
budgets for the South Gulfview and Beach Walk Improvements. The City shall make
available drafts of such plans, specifications and budgets to the Developer for review and
comment. The City shall consider the Developer's comments and recommended changes
in the plans, specifications and budgets to the extent that the matter on which the
Developer is commenting materially impacts the Developer or the Project. The City and
the Developer agree that the design of those South Gulfview and Beach Walk
Improvements adjacent to the Project Site shall be coordinated with the design of the
Project as provided in this Agreement below, and, for that purpose, the City shall make
available to the Developer copies of the, plans, specifications, and related construction
and landscaping contracts, drawings and schedules finally approved by the City.
\cl,ji[iQLUI1LhtJlS:.L'itv agrees tQJrr\;'.lud~~J..b_~_C(m_?.!1}L~L0JLofBeISc!catcd First Street as an
altg"l1aI~_\yhell...Ji9Jiciting bids for the construction of the Beach Walk and South
(iull\ic\\ IrnprovCI11Cj11S.
2. Section 5.03 paragraph 9. is hereby amended to read as follows:
9. Timely Completion. The City and the Developer recognize the
importance of the timely completion of the proposed Project and of the completion of
South Gulfview and Beach Walk Improvements, and time is deemed to be of the essence.
The City considers this Agreement as overall authority for the Developer to proceed to
obtain all required permits, and agrees to implement a fast-track review, permitting, and
inspection program for the Project. The City agrees to use its bestr~~~$.9rl~lhJ9 efforts to
complete the required public improvements including the widening of Coronado, and the
realignment of South Gulfview and the construction of Beach Walk Improvements along
Page 2
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
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the boundaries of the Project Site, prior to the issuancc o[the cCl1ificate of oceupancv f()l"
t11cmlJl'()j9<:t,asprovidediHExhibjtmM(!he'~S-01:1th(JHlrvie'lrvand Beach Walk
t~0-I-l+t:.'ttb-Schcdulc"+f.l..te~-s- uti Ii/at ion .f)..f the con~;truction :;chedule de:;cribed
tttbMHfH+M i:; dependemCOlHi..t1genJ upon payment by Developer of Developer's Pro
Rata Share (defined herein) to the City prior to the City awarding the construction
contract
3. Section 5.05 paragraph 3 is hereby amended to read as follows:
5.05. Obligations of the Developer.
3. Relocated First Street. In conjunction v;ith and conditioned upon the
Vit€iHtBtt--B.f Fir:~t Street, 'Cbs:tk-e Developer shall ~()lliJ,'Y.. tQ....JIl9...LjtY..QL<:teal}YZ)t9Lby
Cieneral Wammty Deed, with title therein insured for not less than $500,000 by a
nationally reco\!nized lmdel""\vTiter of'ritle Insurance authorized to conduct business in the
,."'.."................_................._:.........................................................................................................................mmmmmmm.....................................................................................................................................................................................................................................................................
St..~~t..G.....QC...[I.Qri~i.~1.JJJ~T9<.1:.LJ2r.Qp5;rt.yl~?IRGIQG~1J~~UiT~LS...!.LGet a~iI9_~Ijhed ilL...Exb.i.p.I.t N tQ
tl1GJ)S:y,g10pment {\greement on or bej~)re March 30, 2006. In the event that Developer
has not removed all improvements from the propertv to be conveyed before March 30,
2 (J()(l, .111c .('.i.ty shallc()1}lpI9t91h c ...(I(:111()liti()11aI1~tlbG...r)<;yel.QPGr_sbAILreilllhllr::;(;'lb<;CilY
rqIAI)Gc)?t?irlc:llIT9~1,S.liGJlr(;'iirlJ)lir::;5;n19111::;lm]Jl?9nE149YYjt.bjr13Q~1'.!.Y.::;QC~19rrlAfl~thY
th9m('iJ.l:_.....cldditionally. the Developer_shall either complete construction con~;truct, at
Developer's cost, of all the necessary improvements for the Relocated First Street,
including pavement, sidewalks and streetscaping;.QpQ1:hG1QIG6/)/Q9;Qr,1l.QtiJytbGCiJY
l1YlIC)I,ltGl:tll(r1JJL;/2()Q?t.b(~LJ>.(;'Y9JQPGI.GIGGt?JQJ1~lYGlhG('jt.Yc:QP::;t.r!Jc:LR~:JQc:;'lt9~tJ~.i..r~t.
Str9gL,ltJ29yglg12.Gr's expellse,_ Con:;truction of Relocated First Street :;hall be completed
onorbe.fore+heluter.of(i}1\Vo(2}years-af1:ertheEffet't-iveDateo-F{ii+theis&Haflceot~a
flnalcertificatef)fo-ecupancyfor-theP-f{)ject...deserihedifl-".the..,S.eeond....AfH€flded-and
Reshll0t!...j.)B-VetBfltHefH---Ab~ten+-4(*- Pro pe 1'1 y -j..n+I-te-"{'i+y-{7f Gl-euRvater.+tetvvCeett +tte
~\ty-.. and Beachwalk Re~;OIi, LtC. /\ repre:;entati\'e cro:;~; :;ection renecting :;uch
ilnprovelnellts is attached hereto as ExllihitN. Fllrther, in order to l11ail1tai11 traffic ancr
tJ:IG<:;QrnplgtiQlJm9[eh~!::;91IgIB.9.~~<:;11yY~~Jh,nGy<;JQP9r:;;h~!UG9rl~tTq!;t:~tit::;gxpgr10~L,i
t9n:lpqTaTYXCl(1~hY,rYQJ:f19Jc:??JJ!mlmJ~YQmt.\Y5;1YGtl?9tJ;'lflG5(~p~tQr19t.GIJt<)Qt~i~lGY\f;'11)\
~\llhin the riu.ht or way or the Relocated First Street bv no later than the completion of
Phase II of Beach Walk by the City, Concurrent with the convevance of the propertv to
111g(iJY,Jb9J?9YGJQP9L~b~IU<;~t,iQlj?h,~Jgq9TQJ:<:;rGsjjt.,Jr.q~.L'df.9.Q~1.1}tQ1:G::;GJQy.yJ}I<;iIity,
vvbjc:Jl:;;h(lJLbGm?lrl?jc:<;ttQJllg<.1:.pprQY~1Jn!!~1<.1:.9.c:9.pJgrlGGQrthGciJy,iDthG;.u:n9~lDt()t:JYYQ
bundred forty one thousand five hundred dollars (5241 ,500) l~)r the pavment of the
~~stnllat9...d C(l?l of construction of permanent Relocated First Street andl1i.I!t.'y~ix thousan~i
d()11,lr:;;{$<)(),()QQ)E?1:n19P(lyrrlCntQrtbg9~tiJT1~lt9Cl<:;Q::;tQJ'9Ql1?tTl.lGtiQI1QCJJ1~J9nlp()I(lTY
lS9!()<:;i:lt<;tiJ'lr::;tStX.G9.J:.JntbG<;Y9.flJJ1l<;P9Y9.lgPGIGJGGJ?JgJl(~YGJJ1(;'CiJYGqrl~txl:.lc:ttb9
1~9.1o<:;(l..t9.Q.J~l..rSt Street as provjded h..crein, and the cost of construction exceeds two
l..1undred forty one thousand fivc hundred dollars ($241.500), Developer shall be
Page 3
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
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responsible for all such costs and shall make payment to the City upon demand. A
representative cross section reflecting such improvements is attached hereto as Exhibit N
IN WITNESS WHEREOF, the parties hereto have set their hands and their
respective seals affixed as of the date set forth in the first paragraph of this Amendment.
THE CITY OF CLEARWATER, FLORIDA
Attest:
By:
City Clerk
By:
Mayor
Approved as to form:
Pamela K. Akin, Esquire
City Attorney
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day
of , 2006 by and , the Mayor and the
City Clerk, respectively, for the City of Clearwater, Florida, on behalf of the City.
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNATURES CONTINUED ON NEXT PAGE]
Page 4
First Amendment to K & P Clearwater Estate, LLC Development Agreement 1-9-06
CDB Meeting Date:
Case Number:
Agenda Item:
Owner:
Applicant:
Addresses:
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February 21. 2006
DV A2004-00001A
F3
K & P Estate Clearwater Estate, LLC
City of Clearwater
229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado
Drive
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
GENERAL INFORMATION:
REQUEST:
EXISTING ZONING/
LAND USE:
PROPERTY SIZE:
PROPERTY USE:
Review of, and recommendation to the City Council, of an amended
Development Agreement between K & P Clearwater Estate, LLC
(the property owner) and the City of Clearwater (previously
approved DV A2004-00001 by City Council on February 17, 2005).
Tourist (T) District; Resort Facilities High (RFH) Category
Existing: 2.427 acres
Proposed: 2.739 acres (including First Avenue and a portion of
South Gulfview Boulevard rights-of-way; excluding new Second
Street right-of-way and a portion of Coronado Avenue)
Current Use: Overnight accommodation uses, retail sales and
services and restaurants.
Proposed Use: Hotel of 350 rooms (127.78 rooms/acre on total site),
75 attached dwellings (27.38 units/acre on total site) and a
maximum of 37,000 square feet (0.31 FAR on total site) of
amenities accessory to the hotel, at a height of 150 feet (to roof
deck) with an additional five feet for perimeter parapets (from roof
deck) and an additional 33 feet for elevator, stair, mechanical
rooms/architectural embellishments (from roof deck).
Staff Report - Community Development Board - February 21,2006 - Case DV A2004-00001A
Page 1 of4
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ADJACENT ZONING/
LAND USES:
North: Open Space/Recreation District; Pier 60 and parking
East: Tourist District; Overnight accommodations
South: Tourist District; Overnight accommodations
West: Open Space/Recreation District; Beach and Gulf of Mexico
CHARACTER OF THE
IMMEDIATE VICINITY: The surrounding area includes tourist-dominated uses, including
overnight accommodations, restaurants, retail sales and services and
water-based uses at the Marina.
ANALYSIS:
Site Location and Existing Conditions: The existing properties total 2.427 acres and are located
to the south of and between South Gulfview Boulevard and Coronado Drive. The entire
redevelopment site also includes a portion of the eastern and northern half of the South Gulfview
Boulevard right-of-way and the First Street right-of-way between South Gulfview Boulevard and
Coronado Drive (proposed to be vacated for a new acreage of 2.739 acres). The properties are
developed with various motels (Days Inn, Beach Towers Motel, Spyglass Motel and Golden Beach
Motel) and numerous retail sales and restaurant uses. The surrounding area is intensely developed
with a variety of uses including restaurants, motels, hotels, retail sales and services and a City-
owned public parking lot. The site is located within the Beach Walk District of the Beach by
Design special area plan.
Approved Development:
On August 17, 2004, the Community Development Board (CDB) approved a Flexible
Development application for the construction of a 350-unit hotel with associated amenities and 75
attached dwellings as a mixed-use development (FLD2004-02013). The City Council approved a
companion Development Agreement on February 17, 2005 (Case No. DV A2004-00001). These
development approvals authorized the following:
· Use of250 hotel rooms from the Beach by Design density pool;
· Maximum building height of 150 feet;
· Vacation of a portion of the right-of-way for Gulfview Boulevard between Coronado Drive
and proposed Second Street;
· Vacation of the First Street right-of-way between Coronado Drive and Gulfview
Boulevard;
· Dedication of right-of-way for proposed Second Street between Coronado Avenue and
Gulfview Boulevard; and
· Dedication of right-of-way for Coronado Drive between proposed Second Street and
Gulfview Boulevard.
On May 17, 2005, the CDB approved a Flexible Development application amending the prior
project to modify the location of an elevated pedestrian walkway over South Gulfview Boulevard.
Staff Report - Community Development Board - February 21,2006 - Case DV A2004-00001A
Page 2 of 4
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Proposal: The proposed amended Development Agreement revises the previously approved 2005
Development Agreement with regard to issues associated with Beach Walk construction and the
timing of the dedication of land for Relocated 1st Street (to be known as Second Avenue once
constructed), as well as for the construction of Relocated 1 st Street. The amended Development
Agreement makes the following revisions:
. Adds a provision that the City will include the construction of Relocated First Street as an
alternate when soliciting bids for Beach Walk and South Gulfview construction. (see
Section 5.03 paragraph 8)
. Revises provisions relating to the timely completion of Beach Walk, South Gulfview
Boulevard and Coronado Avenue. The original agreement specified that the City would
use its "best efforts" to complete these public improvements according to a specific
schedule provided the developer makes payment of its pro rata share of the improvements
prior to the City awarding a construction contract. The proposed amendment obligates the
city to use "reasonable efforts" to complete the construction of these improvements along
the proj ect' s boundaries prior to the issuance of the certificate of occupancy for the proj ect
and contingent upon the City receiving the developer's pro rata share prior to the City
awarding the construction contract. (see Section 5.03 paragraph 9)
. Amends provisions relating to the developer's obligations for constructing Relocated 1 sl
Street. The original agreement specified that upon the vacation of First Street, the
developer would construct improvements for Relocated 1 st Street within certain
timeframes. The proposed revision requires the developer to convey the land needed for
Relocated 1 st Street to the City by March 30, 2006. In the event the developer has not
demolished site improvements on this land, the City will remove the improvements at the
developer's expense. The amendment also specifies that the developer must complete
construction of Relocated 1 st Street by June 1, 2009 or request the City to construct the
improvements by January 2, 2009 and pay for such improvements. Additionally, the
revision obligates the developer to construct a temporary roadway and sidewalk within the
Relocated 1 sl Street concurrent with the completion of Phase II of Beach Walk, which is
the portion of improvements adjacent to the Hyatt and this property. Lastly the amendment
requires the developer to establish a letter of credit or other mechanism to ensure that
monies are available to construct both the permanent and temporary improvements to
Relocated First Street. (see Section 5.05. paragraph 3)
The Community Development Board is required to review the proposed Development Agreement
amendments and make a recommendation to the City Council. The most recent negotiated
amendments have been attached to the staff report for the Board's review.
Community Development Code Section 4-606.A. specifies that the City Council may enter into
Development Agreements to encourage a stronger commitment to comprehensive and capital
facilities planning, ensure the provision of adequate public facilities for development, encourage
the efficient use of resources, and reduce the economic cost of development. The purpose of the
Staff Report - Community Development Board - February 21,2006 - Case DV A2004-0000lA
Page 3 of 4
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proposed amendments is to ensure the timely completion of this catalytic hotel development in
conjunction with the public improvements to South Gulfview, Beach Walk, Coronado Avenue and
Relocated I sl Street.
SUMMARY AND RECOMMENDATION:
Based on the following findings of fact and conclusions of law, the Planning Department
recommends APPRO V AL, and recommendation to the City Council, of an amended
Development Agreement between K & P Clearwater Estate, LLC (the property owner) and the
City of Clearwater (previously approved DV A2004-00001 by City Council on February 17, 2005)
for the site at 229 and 301 South Gulfview Boulevard and 230,300 and 304 Coronado Drive.
Findings of Fact and Conclusions of Law
1. There is a need to better coordinate and revise the timing and obligations of certain
infrastructure improvements in conjunction with the construction of this hotel/residential
mixed-use project;
2. The amended Development Agreement is consistent with and furthers the goals,
objectives, and policies of the Comprehensive Plan that support beach redevelopment
through the resort density pool and the enhancement of public rights-of-way and the
vacation of rights-of-way on Clearwater Beach;
3. The amended Development Agreement complies with the standards and criteria of Section
4-606; and
4. The amended Development Agreement furthers the vision of Beach redevelopment set
forth in Beach by Design through the construction of catalytic resort development and the
construction of Beach Walk.
Prepared by: Planning Department Staff:
Gina L. Clayton, As . stant Planning Director
ATTACHMENTS:
Location Map
Aerial Map
Zoning Map
Existing Surrounding Uses Map
Application
S:\Planning Department\C D B\Development Agreements\DVA2004-00001A Coronado 0100 K & P
Clearwater Estate, LLC\Coronado 0100 Amended Dev. Agree. Staff Report for 2.2 J. 06 CDB. doc
Staff Report - Community Development Board - February 21,2006 - Case DV A2004-00001A
Page 4 of 4
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100 Coronado Drive
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Size (Acres) :
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PIN:
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DV A2004-00001A
3 of 3
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RESOLUTION NO. 06-11
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND K & P CLEARWATER ESTATE, LLC;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of amending the Development
Agreement with K & P Clearwater Estate, LLC that was adopted by the City Council on
February 17, 2005, by Resolution No. 05-13; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Amendment to the Development Agreement between the City
of Clearwater and K & P Clearwater Estate, LLC. a copy of which is attached as Exhibit
"A" is hereby approved.
Section 2. The City Clerk is directed to record the Amendment to the
Development Agreement with the Clerk of the Circuit Court in Pinellas County no later
than fourteen (14) days after the agreement is executed. The applicant for the
Development Agreement shall bear the expense of recording the amendment.
Section 3. The City Clerk is directed to submit a recorded copy of the
Amendment to the Development Agreement to the State of Florida Department of
Community Affairs no later than fourteen (14) days after the Amendment to the
Development Agreement is recorded.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2006
Frank V. Hibbard
Mayor
Approved as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Resolution No. 06-11
COB Meeting Date:
Case Number:
Agenda Item:
Owner/ Applicant:
Representative:
Address:
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August 17, 2004
DV A2004-00001 (Related to FLD2004-02013)
G 1 (Related to F7)
Antonios Markopoulos, T. M. Megas and Kolossos Inn, Inc.
M. Lisa Shasteen
100 Coronado Drive and 20 1, 215 and 219 South Gulfview Boulevard
CITY OF CLEARWATER
PLANNING DEPARTMENT
ST AFF REPORT
GENERAL INFORMATION:
REQUEST:
EXISTING ZONING/
LAND USE:
PROPERTY SIZE:
PROPERTY USE:
ADJACENT ZONING/
LAND USES:
Review of, and recommendation to the City Council on, a
Development Agreement between Antonios Markopoulos, T. M.
Megas and Kolossos Inn, Inc. (the property owners) and the City of
Clearwater.
Tourist (T) District; Resort Facilities High (RFH) Category
Existing: 2.427 acres
Proposed: 2.739 acres (including First Avenue and a portion of
South Gulfview Boulevard rights-of-way; excluding new Second
Street right-of-way and a portion of Coronado A venue)
Current Use: Overnight accommodation uses, retail sales and
services and restaurants.
Proposed Use: Hotel of 350 rooms (127.78 rooms/acre on total site),
75 attached dwellings (27.38 units/acre on total site) and a
maximum of 37,000 square feet (0.31 FAR on total site) of
amenities accessory to the hotel, at a height of 150 feet (to roof
deck) with an additional five feet for perimeter parapets (from roof
deck) and an additional 33 feet for elevator, stair, mechanical
rooms/architectural embellishments (from roof deck).
North: Open Space/Recreation District; Pier 60 and parking
East: Tourist District; Overnight accommodations
South: Tourist District; Overnight accommodations
West: Open Space/Recreation District; Beach and Gulf of Mexico
CHARACTER OF THE
IMMEDIATE VICINITY: The surrounding area includes tourist-dominated uses, including
overnight accommodations, restaurants, retail sales and services and
water-based uses at the Marina.
Staff Report - Conununity Development Board - August 17, 2004 - Case DV A2004-0000 1 - Page 1 of 5
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ANALYSIS:
Site Location and Existing Conditions: The existing properties total 2.427 acres and are located
to the south of and between South Gulfview Boulevard and Coronado Drive. The properties are
developed with various motels (Days Inn, Beach Towers Motel, Spyglass Motel and Golden Beach
Motel) and numerous retail sales and restaurant uses. The surrounding area is intensely developed
with predominantly commercial uses including restaurants, motels, hotels and retail sales and
services. A City-owned parking lot is located across Gulfview Boulevard to the west. All
existing structures (buildings and pavement) within the site area will be razed for the construction
of the proposed improvements. The site also includes a portion of the eastern and northern half of
the South Gulfview Boulevard right-of-way and the First Street right-of-way between South
Gulfview Boulevard and Coronado Drive (proposed to be vacated for a new acreage of 2.739
acres). The site is located within the Beach Walk District of the Beach by Design Plan.
Proposal: The proposal includes a companion Flexible Development request for a hotel of 350
rooms (127.78 rooms/acre on total site), 75 attached dwellings (27.38 units/acre on total site) and a
maximum of 37,000 square feet (0.31 FAR) of amenities accessory to the hotel (case FLD2004-
02013). As part of the development proposal, the applicant will be providing 15 parking spaces
available to the public.
The proposal anticipates the vacation of the eastern portion of Gulfview Boulevard and the
vacation of First Street from Coronado Drive to South Gulfview Boulevard. As proposed in Beach
by Design, South Gulfview Boulevard will be relocated farther west as part of a serpentine, Beach
Walk design. Its new configuration will include a two-way, two-lane road section and pedestrian
way and bicycle path. The proposal also includes the dedication of 18 feet of right-of-way along
Coronado Drive and a 60-foot right-of-way for proposed Second Street. On July 15, 2004, the
City Council approved of the declaration of surplus right-of-way and trade with the developer of
land of vacated South Gulfview Boulevard for this project, subject to the approval of this
Development Agreement and Ordinance #7289-04 vacating this portion of the right-of-way (see
Exhibit L of the Development Agreement).
The vacation requests are a component of the overall project in advance of the final vacation.
Clearly, both the vacations of First Street and the South Gulfview Boulevard and the relocation of
South Gulfview Boulevard are critical to this project and the Beach Walk project.
Development Agreement Proposal: The proposed Development Agreement sets forth
public/private obligations. The City recognizes the economic and aesthetic benefits that will result
from private development. The applicant recognizes the benefit of public improvements that
directly affect the marketability of the project and the character of the general area surrounding the
project. The Development Agreement sets forth the following main provisions:
· The proposed Development Agreement (DV A) requires the applicant to construct a hotel
with a minimum of350 rooms and a maximum of 450 rooms (DV A Section 2.03.1.c). The
companion Flexible Development application (FLD2004-02013) is for a 350-room hotel
and 75 attached dwellings (condominiums). The Development Agreement provides that
additional Flexible Development review will be necessary should the developer elect to
deviate from the site plan as currently proposed (DV A Section 2.03.1.d). It is noted that to
derive the proposed 450 rooms for the hotel and attached dwelling calculation, the
Staff Report ~ Community Development Board - August 17, 2004 - Case DV A2004-0000 1 - Page 2 of 5
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companion Flexible Development application includes a Termination of Status of
Nonconformity for the existing 200 hotel rooms and the allocation of 250 rooms from the
density pool for the hotel, established by the City pursuant to Beach by Design (DV A
Section 3.01.3). Length of stay/occupancy of the hotel rooms will not exceed 30 days
(DV A Section 2.03.4). Rentals of the attached dwellings (condominiums) will meet Code
provisions limiting short-term rentals (DV A Section 2.03.4). The allocation of the
additional hotel units from the density pool expires three years from the effective date of
the agreement, whereby these additional hotel units return to the density pool, unless
construction has commenced on the project or the developer makes payment of the
developer's pro-rata share of the construction of the Beach Walk improvements (DV A
Section 3.01.3). Transportation Impact Fee credits may be applied to the developer's pro-
rata share of the construction costs for the Beach Walk improvements (DV A Section
3.02.4). Commencement of construction is not solely the demolition of the existing site
improvements, but actual construction of at least the foundation or other structural element
of the proposed structure (DV A Section 1.01.5).
· As a condition of the allocation of hotel units from the density pool, minimum quality
standards for the hotel are set forth in Exhibit B-1. These require, as a minimum, four-
diamond rating from membership in AAA or the Mobile Travel Guide, OR a minimum
three-diamond rating from the same organizations, with the inclusion of hotel upgraded
improvements and facilities set forth in the agreement (see also DV A Section 2.03.5).
In conjunction with the vacation of the rights-of-way of First Street and a portion of South
Gulfview BOu~fJf>>w.-~e" OO~.lP.IlF/~I~~e 60 feet of right-of-way for proposed
Second Street bn m'e sou~ ~ot the-project and 18 feet for Coronado Drive (DV A
Sections 1.01. 5 and 5.03.1). Exhibit L provides for the Land Exchange Agreement, with
regard to the declaration of surplus land (see also DV A Section 5.03.6). The vacation of
rights-of-way is conditioned upon the commencement of construction of the hotel. The
developer, at his cost, will construct the proposed Second Street (DV A Section 5.05.3).
The City will construct Beach Walk and the developer will pay a Pro Rata Share of this
improvement. The developer is responsible for funding the costs associated with his front
footage in relation to the total frontage of the Beach Walk project (DV A Section 5.05.8).
· The developer may elect to construct an elevated pedestrian access bridge over South
Gulfview Boulevard, which will be publicly owned, but with a license agreement for the
construction, operation and maintenance of the bridge and bridge landing (DV A Section
1.01.24 and Exhibit K). The specific location of the landing needs to be determined and
acceptable to the City. It must be located and designed to accommodate appropriate
American's with Disabilities Act (ADA) accessibility requirements and cannot interfere
with existing City structures. The Developer is requesting a license agreement for 50 years
with a 50-year renewal (DV A Section 5.03.7 and Exhibit K).
· The developer is requesting to be granted the right to operate concessions from the
concession facilities for an initial term of 50 years with a 50-year renewal (DV A Section
5.03.7 and Exhibit K). Concession facilities may include provisions for towels, showers
and lockers, chairs, umbrellas, cabanas and other beach gear, minimal beach sundries and
sale of packaged snacks and non-alcoholic beverages, required to operate a first-class
beach hotel.
· Outdoor cafe seating will be provided in conjunction with the hotel and restaurants within
the right-of-way of South Gulfview Boulevard (shown on the companion site plan
application FLD2004-02013), as part of the Beach Walk (DV A Section 5.03.4).
Staff Report - Community Development Board - August 17, 2004 - Case DV A2004-0000 1 - Page 3 of 5
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· Within the proposed hotel parking garage, 15 parking spaces will be available for public
use (DV A Sections 1.01.29, 2.03.1 and 5.05.4). These will be accessible from the
proposed Second Street on the south side of the site. They will be managed by the
developer who may impose a market based fee rate to the customer/public.
· Prior to the issuance of the final Certificate of Occupancy, the developer will implement a
transportation system management plan, including guest shuttles to the airport and
activities, employee shuttles and other measures to minimize vehicular trips associated
with the hotel (DV A Section 2.03.5.d and Exhibit E).
· Prior to the issuance of the final Certificate of Occupancy, the developer will submit a
hurricane evacuation plan to the City, establishing the practices and procedures to be
implemented leading to the evacuation of the hotel in the event of the declaration of a
hurricane watch (DV A Section 2.03.5.e and Exhibit F).
· The City will coordinate the design and construction of the relocated South Gulfview
Boulevard and Beach Walk improvements (DV A Section 5.03.2).
· Article 16 of the Development Agreement sets out the abilities of the developer to sell,
convey, assign, transfer or otherwise dispose of the project and the Development
Agreement, setting out the provisions prior to and after the payment of the developer's pro-
rata share.
· The Development Agreement expires ten years following the effective date (date approved
by City Council)(DV A Sections 1.01.13 and 16.18.1).
The Community Development Board has been provided with the most recently negotiated
Development Agreement, submitted and dated stamped July 15, 2004. Further negotiations may
amend some business provisions in the agreement prior to consideration by the City Council.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, ensure the provision of adequate public facilities
for development, encourage the efficient use of resources, and reduce the economic cost of
development. The Community Development Board is required to review the proposed
Development Agreement and make a recommendation to the City Council.
Although the City and the developer are in agreement with regard to the major business points of
the Development Agreement, the outstanding issue is the allocation of the hotel units from the
density pool. Based on the analysis in the companion site plan application (FLD2004-02013), the
number of units requested from the pool creates a design inconsistent with Beach by Design. If
the requested number of units were reduced, the size of the building would also be reduced and it
is feasible to meet the design requirements of Beach by Design. Staff is also not in agreement to a
license agreement with a term exceeding 50 years. Therefore, due to the excessive number of
hotel pool units requested, the Planning Department recommends denial of the Development
Agreement. Should the project be reduced in size and scale and redesigned in accordance with the
Beach by Design, the City Council could reconsider the Development Agreement since the
Planning Department and Administration agree with the major provisions.
Staff Report - Community Development Board - August 17, 2004 - Case DV A2004-0000 1 - Page 4 of 5
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SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on April
1 and July 8, 2004. The Planning Department recommends DENIAL of, and recommendation to
the City Council on, a Development Agreement between Antonios Markopoulos, T. M. Megas and
Kolossos Inn, Inc. (the property owners) and the City of Clearwater for the sites at 100 Coronado
Drive and 201,215 and 219 South Gulfview Boulevard, with the following bases:
Bases for Denial:
1. The number of pool units requested is excessive and creates a design that does not meet the
Design Guidelines within Beach by Design.
Prepared by: Planning Department Staff:
Wayne M. Wells, AICP, Planner III
A TT ACHMENTS:
Location Map
Aerial Photograph of Site and Vicinity
Zoning Atlas Map
Surrounding Existing Uses Map
Photographs of Site and Vicinity
Application
S:IPlanning DepartmentlC D BIFLEXlPending caseslUp for the next CDBICoronado 0 I 00 Markopolllos Deve/opment Agreement (T)
8 1704 CDBICoronado 0/00 Markopolllos Development Agreement Staff Repondoc
Staff Report - Community Development Board - August 17, 2004 - Case DV A2004-0000 1 - Page 5 of 5
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5.02. Project Site. The Project Site consists ofthe property more particularly described in Exhibit
C.
5.03. City's Obligations.
1. Vacations ofRi2hts-of-Way. Developer shall apply for, and the City Council shall
consider the adoption of an ordinance vacating (a) the First Street Vacation, and (b) the South
Gulfview Vacation, both as described on Exhibit A-2. The First Street Vacation shall be effective
upon the dedication of the Relocated First Street to the City. The South Gulfview Vacation shall be
effective upon: 1) payment of the Developer's Pro Rata Share; 2) the Land Exchange; and 3)
relocation of South Gulfview as provided herein.
2. Road Improvements. Vehicular traffic on Relocated South Gulfview shall be
calmed to control speed on that portion of South Gulfview to the north and west of the Project to a
design speed of 20 miles per hour.
3. Permits. The City will cooperate and coordinate with the Developer with regard to
all permit applications, including those to state agencies, and will facilitate or expedite, to the
greatest extent possible, the permit approval process.
4. Cafe Seatin2. The City understands that the Developer intends to apply for all
necessary permits and licenses for outdoor cafe seating in connection with the Project. In that
connection, the City shall consider Developer's application pursuant to the provisions of the City's
Land Development Regulations.
5. Pedestrian Access Improvements Approval. Upon request by Developer, the City
shall grant the Developer the ability to construct the Pedestrian Access Improvements and, in that
connection, no later than the Commencement Date, the City shall grant to the Developer a License
Agreement as described in Exhibit K.
6. Land Exchan2e. The City is the owner of that portion of South Gulfview abutting
the north boundary ofthe Developer's Property as more particularly described as "Parcell" in the
Contract for Exchange of Real Property attached hereto as Exhibit L. The Developer is the owner of
that property abutting the West boundary of Coronado Drive, described as "Parcel 2" in Exhibit L.
The City and the Developer agree that said properties have a comparable appraised value for the
purposes of 9 2.01(d)(5)(iv) of the City Charter. The City and Developer agree to exchange said
parcels as provided in Exhibit L and the Council hereby authorizes execution thereof.
8. Approval of Plans and Specifications for the South Gulfview and Beach Walk
Improvements. The City shall prepare plans and specifications and budgets for the South Gulfview
and Beach Walk Improvements. The City shall make available drafts of such plans, specifications
and budgets to the Developer for review and comment. The City shall consider the Developer's
comments and recommended changes in the plans, specifications and budgets to the extent that the
14
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matter on which the Developer is commenting materially impacts the Developer or the Project. The
City and the Developer agree that the design of those South Gulfview and Beach Walk
Improvements adjacent to the Project Site shall be coordinated with the design of the Project as
provided in this Agreement below, and, for that purpose, the City shall make available to the
Developer copies of the, plans, specifications, and related construction and landscaping contracts,
drawings and schedules finally approved by the City.
9. Timely Completion. The City and the Developer recognize the importance of the
timely completion of the proposed Project and ofthe completion of South Gulfview and Beach Walk
Improvements, and time is deemed to be of the essence. The City considers this Agreement as
overall authority for the Developer to proceed to obtain all required permits, and agrees to implement
a fast-track review, permitting, and inspection program for the Project. The City agrees to use its
best efforts to complete the required public improvements including the widening of Coronado, and
the realignment of South Gulfview and the construction of Beach Walk Improvements along the
boundaries of the Project Site, as provided in Exhibit M (the "South Gulfview and Beach Walk
Improvements Schedule"). The City's utilization ofthe construction schedule described in Exhibit M
is dependent upon payment by Developer of Developer' s Pro Rata Share (defined herein) to the City
prior to the City awarding the construction contract.
10. Desit!n Coordination. The City agrees to reasonably cooperate and coordinate the
design ofthe South Gulfview and Beach Walk Improvements adjacent to the Project Site, such that
the design ofthose improvements integrates in a reasonable manner with the Project design. In that
connection, the design shall substantially conform to those concepts depicted on Exhibit D. Without
limiting the foregoing, it is agreed that the City will design the South Gulfview and Beach Walk
Improvements such that pedestrian access from the Beach Walk is elevated in front ofthe Project to
a level of ten (10) feet NA VD to allow reasonable access points onto the Beach Walk from the
Project.
11. Construction SeQuencint!. To the extent possible, the City shall construct the South
Gulfview and Beach Walk Improvements in a manner and fashion which will not unreasonably
restrict access to the hotels currently existing on the Developer's Property or to the Project Site on or
after the Commencement Date.
5.05. Obligations ofthe Developer.
1. Development and Operation of the Proiect. The Project shall be built and operated
in accordance with the requirements set forth in this Agreement. The Hotel which is a component of
the Project, shall contain no less than three hundred and fifty (350) and no more than four hundred
and fifty (450) Hotel Units and shall conform to the Minimum Quality Standard as provided for in
Exhibit B-1.
2. Responsibility for On-Site Costs. Except as expressly stated otherwise in this
Agreement, the Developer shall be responsible for all on-site costs relative to the development of the
15
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Project, including, to the extent Developer is obligated to provide them, the cost of construction,
operation, and maintenance of the Public Parking Spaces.
3. Relocated First Street. In conjunction with and conditioned upon the Vacation of
First Street, the Developer shall construct, at Developer's cost, all the necessary improvements for
the Relocated First Street, including pavement, sidewalks and streetscaping. Construction of
Relocated First Street shall be completed on or before the later of (i) two (2) years after the Effective
Date or (ii) the issuance of a final certificate of occupancy for the Project described in the Second
Amended and Restated Development Agreement for Property in the City of Clearwater between the
City and Beachwalk Resort, LLC. A representative cross section reflecting such improvements is
attached hereto as Exhibit N.
4. Public Parkin!! Spaces~ Parkin!! Protocol The Developer may charge fees to the
public for use of the Public Parking Spaces, on terms and rates which are market-based and
commensurate with terms and rates which are in effect for comparable beachfront, covered parking
structures in Florida resort areas (the "Parking Fee"). Developer may retain all such fees, subject to
taxes and similar impositions generally applicable to such income. Unless robotic parking is
approved as set forth in Paragraph 4.b. below, Public Parking spaces within the Project shall be no
narrower than nine (9) feet and no shorter than nineteen (19) feet, and no two-way aisle shall be less
than twenty four (24) feet in width. The Public Parking Spaces may be provided by Developer by
either of the following means:
a. The Developer shall provide (i) fifteen (15) self-park public parking spaces on
the parking level accessed via Relocated First Street and (ii) eighty- five (85) public parking spaces in
spaces not assigned to Residential Condominium owners, which spaces shall be accessed via, a valet
parking service operated twenty-four hours per day, seven days per week at no cost to the public
other than the Parking Fee ("Parking Service").
b. In the alternative, the Developer may seek the approval of the City's
Community Development Board ("CDB") of an amendment to the Plans and Specifications that
would designate Public Parking Spaces or provide robotic parking, or both such that the Public
Parking Space requirement is met. If this alternative is elected by the Developer, the obligation to
operate the Parking Service shall be terminated if one hundred (100) Public Parking Spaces are so
designated.
c. In addition, as space is available due to seasonal or other fluctuations in
parking demand, the Developer, in its reasonable discretion, will make additional spaces available
for public parking at the Parking Fee, such spaces being accessed via self parking or valet service, as
applicable.
The Developer shall implement the Parking Protocol described on Exhibit 0, which shall be
applicable to all parking with in the Project
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Clayton, Gina
From:
Sent:
To:
Subject:
Akin, Pam
Wednesday, February 15, 20064:45 PM
Clayton, Gina
RE: Patel
Typically just the Amendments
-----Origlnal Messagemn
From: Clayton, Gina
Sent: Wednesday, February 15, 20064:43 PM
To: Akin, Pam
Subject: Patel
Should the COB and City Council be given the entire development agreement - or just the amendments you have
provided me? (Sorry I don't know what we've done in the past.
Gina L. Clayton
Assistant Planning Director
City of Clearwater
g i na. c layton@myclearwater.com
727-562-4587
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Clayton, Gina
From:
Sent:
To:
Subject:
Akin, Pam
Wednesday, February 15, 20064:35 PM
Clayton, Gina
RE: Patel Dev. Agreement
no, it is the existing exhibit N to the second Amended and Restated Development Agreement
-----Original Message-----
From: Clayton, Gina
Sent: Wednesday, February 15, 20063:57 PM
To: Akin, Pam
Subject: Patel Dev. Agreement
What is Exhibit N referenced in the Relocated First Street section of the OVA? Is this a new Exhibit? Thanks.
Gina L. Clayton
Assistant Planning Director
City of Clearwater
g ina. c layton@myclearwater.com
727-562-4587
1
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Clayton, Gina
From:
Sent:
To:
Subject:
Akin, Pam
Wednesday, February 15, 20064:35 PM
Clayton, Gina
RE: Patel Dev. Agreement
no, it is the existing exhibit N to the second Amended and Restated Development Agreement
-----Original Messagem--
From: Clayton, Gina
Sent: Wednesday, February 15, 20063:57 PM
To: Akin, Pam
Subject: Patel Dev. Agreement
What is Exhibit N referenced in the Relocated First Street section of the OVA? Is this a new Exhibit? Thanks.
Gina L. Clayton
Assistant Planning Director
City of Clearwater
g ina. c layton@myclearwater.com
727-562-4587
1
RE: Recap ofFeb 6 meeting e
.
Page 1 of 4
Clayton, Gina
From: Akin, Pam
Sent: Wednesday, February 15, 2006 1 :36 PM
To: Arasteh, Mahshid; Lopez, Perry; Irwin, Rod; Johnson, Gary; Quillen, Michael
cc: Brumback, Garry; Clayton, Gina; Lopez, Perry
Subject: RE: Recap of Feb 6 meeting
Thanks Mahshid. However, see my comments below
-----Original Message-----
From: Arasteh, Mahshid
Sent: Wednesday, February 15, 2006 11:58 AM
To: Akin, Pam; Lopez, Perry; Irwin, Rod; Johnson, Gary; Quillen, Michael
Cc: Brumback, Garry; Clayton, Gina; Lopez, Perry
Subject: RE: Recap of Feb 6 meeting
We met this morning for 3 hrs with Kiran Grande and Hyatt. I will forward the minutes of
the meeting to you by Friday.
Pam, as far as responding to your question:
We do not have the 18' ROW from Kiran Grande or the 10' ROW from Hyatt yet. We
will not have this area available for construction of Coronado until they each pull their
foundation permits or by other means dedicate the ROW to us. From the meeting today
Kiran Grand will not pull a foundation permit before June 1 st of 2006 and the earliest
Hyatt can pull their foundation permit is May 1 st. [Akin, Pam] While Hyatt is not obligated
to convey the 10 to us prior to issunace of a building permit, they certainly could convey it
to us at any time. Patel is more complicated because it is a land swap.
wh
As you know the two developers had asked for the the City to start construction of
Coronado on the west side to accommodate their future staging area. Since these areas
are not currently available to us it was decided (pending Westra's approval and Verison's
relocation effort) to start construction on the east side of the roadway. If these areas are
not available to the City by July 1 st ,06 then it will be the responsibility of the two
development projects to finish the construction of the areas they are using for
staging with the money that the City will allocate to them per the corresponding line items
of the current contract with Westra. (any cost increase to the development projects will
be their responsibility) [Akin, Pam] Will this be a condition of the right of way permit?
The cost of a temporary roadway. (34' feet wide) to be constructed by the end of Phase
II is $96K. Cost of construction of permanent 2nd street to be constructed no later than
6/09 is $241.5K (this is the previous cost projected to 09)
Hope this is helpful. thanks
-----Original Message-----
From: Akin, Pam
Sent: Tuesday, February 14, 20064:44 PM
To: Arasteh, Mahshid; Lopez, Perry
2/15/2006
RE: Recap ofFeb 6 meeting e
e
Page 2 of 4
Cc: Brumback, Garry; Clayton, Gina
Subject: RE: Recap of Feb 6 meeting
Mahshid, I am trying to draft to amendment in time for Gina to do the staff report. When can I
expect the information? Additionally the recap memo from Garry indicates that Developer will have
to escrow for the temporary road as well what is that cost?
-----Original Message-----
From: Arasteh, Mahshid
Sent: Friday, February 10, 2006 11:35 AM
To: Akin, Pam; Lopez, Perry
Subject: RE: Recap of Feb 6 meeting
Pam, Perry is looking into all of the details on this. I will respond as soon as I
have his input.
Thanks
Mahshid D. Arasteh, P.E.
Public Works Administrator
727-562-4757
-----Original Message-----
From: Akin, Pam
Sent: Friday, February 10, 2006 10: 19 AM
To: Arasteh, Mahshid
Subject: RE: Recap of Feb 6 meeting
Just so that I understand this clearly, . We do not currently have Patel's Coronado
piece. We do not get it (complete the land exchange) until he pulls the foundation
permit. He will be using Coronado for staging. So, we will be taking that portion of
Coronado out and requiring Patel to build it and be responsible for any costs in excess
of of the line item cost that we tool from our contractor. Correct?
[Akin, Pam] -----Original Message-----
From: Arasteh, Mahshid
Sent: Thursday, February 09, 20067:39 PM
To: Brumback, Garry; Akin, Pam
Cc: Arasteh, Mahshid
Subject: Recap of Feb 6 meeting
1. Never getting Patel's portion of Coronado- We wouldn't be able to do a southbound
right turn lane from Coronado to Second St., but that was mainly for Patel traffic
anyway, so not a problem. A small problem is that there is a six inch water main we are
planning to install in this 18', we would have to find someplace in Coronado to put it.
2. The cost for construction of all improvements (except landscape) in the 18' is
included in our contract. We would reimburse them based on that for any of the work
they ended up doing.
Mahshid Arasteh
2/15/2006
RE: Recap ofFeb 6 meeting
2/15/2006
e
Page 3 of 4
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Public Works Administrator
City of Clearwater
Sent from my BlackBerry Wireless Handheld
-----Original Message-----
From: Akin, Pam
To: Brumback, Garry; Arasteh, Mahshid; Home, William; Irwin, Rod
CC: Quillen, Michael
Sent: Wed Feb 08 14:35:282006
Subject: RE: Recap ofFeb 6 meeting
As I am drafting the additional changes tot he Patel Agreement I have a couple of
questions about Coronado.
Is it a problem if we never get Patel's portion of Coronado?
Assuming that we get Patel's piece of Coronado after we are finished constructing
Coronado, do we give them credit for line items removed from our Coronada contract
or is their piece not included in our contract.? If it is not included to we anticipate that
they will be responsible for constructing their piece?
-----Original Message-----
From: Brumback, Garry
Sent: Tuesday, February 07,2006 1:27 PM
To: Arasteh, Mahshid; Home, William; Irwin, Rod; 'Rauenhorst, Neil J.';
'Bastas, Chris'; 'Shah, Kirit'
Cc: Akin, Pam
Subject: Recap of Feb 6 meeting
Thank you all very much for your patience and support in our meeting
yesterday afternoon, February 6th. While I don't think we necessarily have everything
we need to finalize an agreement, I do think we have an understanding and an ability to
at least get all three projects completed. My recollection of the points is as follows:
1. The City project, known as Coronado and Beach Walk, will be
completed according to the original timeline.
Phase I: Coronado which began January 2006 will be
completed January 2007
Phase II: N Gulfview to just south of the Hyatt project -
Jan 07 - Jan 08
Phase III: S Gulfview from the Hyatt project just to the
Adams Mark - Jan 08 - Jan 09
Phase IV: Clean up and punch list - Jan 09 - June 09
2. The agreement for Phase I: Hyatt will reduce its staging by
approximately 8 feet to align with Kirin Grande allowing the City to maintain four lanes
of traffic on Coronado once Phase I is completed. Kirin Grande and Hyatt will be
responsible for completing that portion of the Coronado phase in front of their project
when they are finished using it for staging.
Phase II: Kirin Grande will reduce its staging by approximately 5-1/2
feet in order to align with Hyatt and will be responsible for completing the portion in
RE: Recap of Feb 6 meeting
2/15/2006
e
Page 4 of 4
.
front of its project as soon as they are able. Hyatt will be allowed to occupy the new
Gulfview; however, they must allow the City to complete the utility work on the City's
timeline and then can resume staging. lfHyatt is not finished staging on the new
Gulfview Road by the time the City is ready to do the roadwork in front of their project,
the City will skip that portion of Gulfview and proceed south. Hyatt will make all
efforts necessary to ensure that the completion of the Gulfview roadway is complete
prior to the City beginning Phase III. Hyatt will complete this work with line item
credit from the City. Any additional cost will be borne by Hyatt and the work will be
completed to the standards depicted in the Beach Walk plan.
3. Second Street will be dedicated to the City in March 2006. Kirin
Grande is responsible for all demolition and clean-up. In the event that the demolition is
not complete by March 30, 2006, the City will take ownership of the street and
demolish and clean up the site and Kirin Grande will reimburse the City.
4. Kirin Grande will place in escrow the amount necessary for temporary
construction and permanent construction of Second Street in order to maintain traffic
after completion of Phase II. Kirin Grande will construct a temporary roadway no later
than completion of Phase II. The temporary roadway will consist of no less than two
12-foot lanes and one 10-foot sidewalk to be located in accordance with Kirin Grande's
agreement with Hyatt. Concerning permanent construction, Kirin Grande will notify
the City not later than January 2009 if they will elect the City's alternate bid or construct
the permanent Second Street themselves. Permanent construction must commence no
later than March 2009 and be complete no later than June 2009.
5. All work on the "BeachWalk" for which Kirin Grande and Hyatt are
responsible will be completed by January 2009.
Garry Brumback, lCMA-CM
Assistant City Manager
(727) 562-4053
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Clayton, Gina
From:
Sent:
To:
Subject:
Akin, Pam
Friday, February 10, 2006 7:59 AM
Clayton, Gina
RE: Patel DVA
yes but it is changing based on Garry's e-mail and I am awaiting responses to my e-mail, both of which I will forward to
you.
-----Original Message-----
From: Clayton, Gina
Sent: Friday, February 10, 2006 7:47 AM
To: Akin, Pam
Subject: Patel DVA
Is the latest draft of the DVA amendments 2-6-06? I'm starting to write the staff report and want to make sure I'm
reviewing the correct draft. Thanks!
Gina L. Clayton
Assistant Planning Director
City of Clearwater
g i na. c layton@myclearwater.com
727-562-4587
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Clayton, Gina
From:
Sent:
To:
cc:
Subject:
Delk, Michael
Wednesday, February 01,20065:14 PM
Dougall-Sides, Leslie
Clayton, Gina
FW: Patel DVA Amendment
Leslie - Can you advise if we need to get the owners signature in this case? Since we are initiating, we can see it gets
posted.
Thanks.
michael
Michael Delk, AICP
Planning Director
City of Clearwater, FL
727 -562-4561
myclearwater.com
-----Original Message-----
From: Clayton, Gina
Sent: Wednesday, February 01, 2006 5:05 PM
To: Delk, Michael
Subject: Patel DVA Amendment
The required public notice sign is going to need to be erected on this property in a day or two. Who should erect this? We
normally make the applicant do it.
The property owner usually signs the DVA application or gives a representative permission to file on their behalf. If we are
filing, should we ask for their permission or we just filing an application with no signature since we're calling this a city
initiated amendment??
Gina L. Clayton
Assistant Planning Director
City of Clearwater
gi na. c layton@myclearwater.com
727-562-4587
1
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Clayton, Gina
From:
Sent:
To:
Subject:
Oelk, Michael
Wednesday, February 01,20065:08 PM
Clayton, Gina
RE: Patel OVA Amendment
Maybe we should advise the applicant and put it up ourselves since we are the initiator.
What do you think?
-----Original Message-----
From: Clayton, Gina
Sent: Wednesday, February 01, 2006 5:05 PM
To: Delk, Michael
Subject: Patel DVA Amendment
The required public notice sign is going to need to be erected on this property in a day or two. Who should erect this?
We normally make the applicant do it.
The property owner usually signs the OVA application or gives a representative permission to file on their behalf. If we
are filing, should we ask for their permission or we just filing an application with no signature since we're calling this a
city initiated amendment??
Gina L. Clayton
Assistant Planning Director
City of Clearwater
g i na. c layton@myclearwater.com
727-562-4587
e
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Clayton, Gina
From:
Sent:
To:
Subject:
Akin, Pam
Monday, January 23, 2006 2: 19 PM
Clayton, Gina
RE: Patel OVA
either the 2 or 16th works for me.
-----Original Message-----
From: Clayton, Gina
Sent: Monday, January 23, 2006 2: 13 PM
To: Akin, Pam
Subject: RE: Patel DVA
Sorry Pam - do you mean the March 16th Council meeting? The COB meeting is on Feb. 21 st. Just need to get this
straight on the agenda tracking.
-----Original Message-----
From: Akin, Pam
Sent: Monday, January 23, 2006 2:04 PM
To: Clayton, Gina
Subject: RE: Patel DVA
I have sent it and discussed it briefly with their attorney Pat O'connor. He will get back to me, he thought it would
be fine.
-----Original Message-----
From: Clayton, Gina
Sent: Monday, January 23, 2006 1 :59 PM
To: Akin, Pam
Subject: RE: Patel DVA
do we know if the property owner is in agreement?
-----Original Message-----
From: Akin, Pam
Sent: Monday, January 23, 2006 1: 56 PM
To: Clayton, Gina
Subject: RE: Patel DVA
I believe in our previous discussion you had suggested the 21 st. I am fine with either. I believe that
Planning is preparing the agenda item?
-----Original Message-----
From: Clayton, Gina
Sent: Monday, January 23, 2006 11 :52 AM
To: Akin, Pam
Subject: Patel DVA
Pam - we are moving the Patel OVA amendment to the Feb. 21 st COB. When will Council review-
March 2nd or March 16th?
Gina L. Clayton
Assistant Planning Director
City of Clearwater
gina.clayton@myclearwater.com
727-562-4587
1
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Clayton, Gina
From:
Sent:
To:
Cc:
Subject:
Akin, Pam
Tuesday, January 10, 2006 3:35 PM
Clayton, Gina
Delk, Michael
RE: Patel vacation amendment First Ave
I am preparing the draft, Rod asked that I do it. I am sure that they are totally unaware ot the amendment process.
-----Original Message-----
From: Clayton, Gina
Sent: Tuesday, January 10, 2006 10:35 AM
To: Akin, Pam
Cc: Delk, Michael
Subject: RE: Patel vacation amendment First Ave
Do you know when they plan to submit an amendment?
-----Original Message-----
From: Akin, Pam
Sent: Tuesday, January 10, 20069:37 AM
To: Irwin, Rod; Dewitt, Gina; Clayton, Gina; Quillen, Michael; Arasteh, Mahshid; Ruff, Bryan
Subject: RE: Patel vacation amendment First Ave
I anticipate that those issues will be addressed in the amendment to the development agreement
-----Original Messageu---
From: Irwin, Rod
Sent: Tuesday, January 10, 20069:24 AM
To: Dewitt, Gina; Clayton, Gina; Quillen, Michael; Arasteh, Mahshid; Ruff, Bryan
Cc: Akin, Pam
Subject: RE: Patel vacation amendment First Ave
My comments are:
1) I believe we should delineate a date certain by which Patel conveys the right-ot-way, say March 30, 2006.
This assures Public Works access tor utility work and staging designation. Patel is agreeable to this date.
[Akin, Pam) Patel was not previously willing to grant the right of way that early Has that changed?
2) The agreement "caps" Patel's obligation for construction at the amount currently estimated by Public Works
for the work---I believe $210,000. Should we reflect this in the ordinance? [Akin, Pam) It was my
understanding that he would either build it or pay us to build but would be responsible for the full cost
regardless. Is that no longer the case? If so when does he has to make that election.
3) Should we proscribe a date certain by which Patel must deliver the guarantee? ( March 30?)
-----Original Message---n
From: Dewitt, Gina
Sent: Monday, January 09, 2006 3:59 PM
To: Irwin, Rod; Clayton, Gina; Quillen, Michael; Arasteh, Mahshid; Ruff, Bryan
Cc: Akin, Pam
Subject: Patel vacation amendment First Ave
<< File: 7598-06.doc >>
Attached please find an ordinance amending the Patel (K & P Clearwater Estate) ordinance
amending First Ave a/k/a First Street. Please review and advise Pam of any
concerns/comments. I have this on tracking for 1st reading 2/16, so need comments back
before 1/23. Thanks!
e
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Clayton, Gina
From:
Sent:
To:
Subject:
Akin, Pam
Tuesday, January 10, 2006 9:37 AM
Irwin, Rod; Dewitt, Gina; Clayton, Gina; Quillen, Michael; Arasteh, Mahshid; Ruff, Bryan
RE: Patel vacation amendment First Ave
I anticipate that those issues will be addressed in the amendment to the development agreement
-----Original Message-----
From: Irwin, Rod
Sent: Tuesday, January 10, 20069:24 AM
To: Dewitt, Gina; Clayton, Gina; Quillen, Michael; Arasteh, Mahshid; Ruff, Bryan
Cc: Akin, Pam
Subject: RE: Patel vacation amendment First Ave
My comments are:
1) I believe we should delineate a date certain by which Patel conveys the right-of-way, say March 30, 2006. This
assures Public Works access for utility work and staging designation. Patel is agreeable to this date. [Akin, Pam)
Patel was not previously willing to grant the right of way that early. Has that changed?
2) The agreement "caps" Patel's obligation for construction at the amount currently estimated by Public Works for the
work---I believe $210,000. Should we reflect this in the ordinance? [Akin, Pam) It was my understanding that he
would either build it or pay us to build but would be responsible for the full cost regardless. Is that no longer the case?
If so when does he has to make that election.
3) Should we proscribe a date certain by which Patel must deliver the guarantee? ( March 30?)
-----Original Message-----
From: Dewitt, Gina
Sent: Monday, January 09, 20063:59 PM
To: Irwin, Rod; Clayton, Gina; Quillen, Michael; Arasteh, Mahshid; Ruff, Bryan
Cc: Akin, Pam
Subject: Patel vacation amendment First Ave
<< File: 7598-06.doc >>
Attached please find an ordinance amending the Patel (K & P Clearwater Estate) ordinance
amending First Ave a/k/a First Street. Please review and advise Pam of any concerns/comments.
I have this on tracking for 1st reading 2/16, so need comments back before 1/23. Thanks!
e
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Case # DV A2004-0000lA
Sign Posting Acknowledgement
I hereby acknowledge receiving a notification sign to post on the subject
property that is undergoing an amendment to a previously approved
Development Agreement and will post the provided sign(s) on the subject
property so that it is readable from the most significant adjacent road a
minimum of 15 days before the Public Hearing.
h1 ~71
Print Name
J/'!Juo(,
Date
~ ~9"1
Sign Name
7.JO :21,1 ~..r...
Posting Date - No Later Than:
Public Hearing Date - CDB: 2-21-06
2-06-2006
CC: 3-16-06
2-06-2006
.
tI
cJj I ~LC-
CITY OF CLEARWATER
NOTICE OF INTENT TO CONSIDER
MODIFICATION TO DEVELOPMENT AGREEMENT
Public hearings will be conducted before the Community Development Board of the City
of Clearwater, Florida, on Tuesday, February 21, 2006, beginning at 1 :00 p.m., and
before the City Council on Thursday, March 16,2006, beginning at 6:00 p.m. (or as soon
thereafter as the matter may be heard), in City Council Chambers, 3rd floor of City Hall,
112 South Osceola Avenue, Clearwater, Florida, to consider Resolution 06-11 approving
an amendment to the Development Agreement between K & P Clearwater Estate, LLC
and the City of Clearwater (previously approved DVA2004-00001 by City Council on
February 17, 2005) for property located at 100 Coronado Dr and 201, 215 and 219 S.
Gulfview Blvd, L1oyd-White-Skinner Sub, Lots 44-55, 90-100 & 102, Part of Lots 56 &
101, and Vac St & Columbia Sub, Blk A. (DVA2004-00001A)
The Development Agreement allows a hotel of 350 rooms (127.78 rooms/acre), 75
attached dwellings (27.38 units/acre) and a maximum of 37,000 square feet (0.31 FAR)
of amenities accessory to the hotel, at a height of 150 feet (to roof deck) with an
additional five feet for perimeter parapets (from roof deck) and an additional 33 feet for
elevator, stair, mechanical rooms/architectural embellishments (from roof deck).
Interested parties may appear to be heard or file written notice of approval or objections
with the Planning Department or the City Clerk prior to or during the public hearing. Any
person who decides to appeal any decision made by the Councilor Board, with respect
to any matter considered at such hearings, will need a record of the proceedings and, for
such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based
per Florida Statute 286.0105.
Additional information, including the Development Agreement, is available in the
Planning Department at the Municipal Services Building, 100 S. Myrtle Avenue,
Clearwater, Florida, or call 562-4567.
Michael Delk
Planning Director
Cynthia E. Goudeau, CMC
City Clerk
City of Clearwater
P.O. Box 4748, Clearwater, FL 33758-4748
YOU ARE BEING SENT THIS NOTICE IF YOU ARE THE APPLICANT OR OWN
PROPERTY WITHIN 200 FT OF THE SUBJECT PROPERTY.
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE OFFICIAL RECORDS
AND LEGISLATIVE SERVICES. ANY PERSON WITH A DISABILITY REQUIRING
REASONABLE ACCOMMODATIONS IN ORDER TO PARTICIPATE IN THIS
MEETING SHOULD CALL THE OFFICIAL RECORDS AND LEGISLATIVE SERVICES
WITH THEIR REQUEST AT (727) 562-4090.
Ad: 02/06/06 & 03/06/06
bV A2l.o4-00001A ~
AMERICANA GULF MOTELS L TO PTR BASKIN, H H EST
325 S GULFVIEW BLVD OWENS, W 0 EST
CLEARWATER FL 33767 - 2445 516 N FT HARRISON AVE
CLEARWATER FL 33755 - 3905
CHRISTMAN, KENNETH R SR
CHRISTMAN, LINDA J
225 CORONADO DR
CLEARWATER FL 33767 - 2431
Clearwater Beach Association
Jay Keyes
100 Devon Drive
Clearwater, FL 33767
CRYSTAL BEACH CAPITAL LLC
101 E KENNEDY BLVD STE 2125
TAMPA FL 33602 - 5189
CUSTER, GERALD
2152 LONG BOW LN
CLEARWATER FL 33764 - 6414
DECADE GULFCOAST LP
N19 W24130 RIVERWOOD DR
WAUKESHA WI 53188 - 1131
DECADE GULFCOAST L TO PTNSP
STE 100
N19 W24130 RIVERWOOD DR
WAUKESHA WI 53188 - 1131
GIBSON, EVELYN L
1206 MELVIEW CT
ST LOUIS MO 63125 - 4614
GIOVANNI, ROBERT
KOZIK, CHRISTIAN
317 CORONADO DR # B
CLEARWATER BEACH FL 33767-
2433
KEYES, JAY F TRE
KEYES, JANET 0 TRE
100 DEVON DR
CLEARWATER FL 33767 - 2438
L 0 M INC
4100 N 28TH TERR
HOLLYWOOD FL 33020 - 1116
MILO INVESTMENTS LLC
2101 BRICKELL AVE # 3407
MIAMI FL 33129-
PANOS, STEVE S
PANOS, FILlTSA
109 DEVON DR
CLEARWATER FL 33767 - 2439
Patrick M. O'Connor
2240 Belleair Road, Suite 160
Clearwater, FL 33764
QUINN, ANN E
225 HAM DEN DR
CLEARWATER FL 33767 - 2497
RUDMAN, MIRKO
RUDMAN, ANKA
217 CORONADO DR
CLEARWATER FL 33767 - 2431
SEA CAPTAIN
526 BELLE ISLE AVE
BELLEAIR BEACH FL 33786 - 3612
SHAH,MANNAJ
2221 NORWEGIAN DR # 33
CLEARWATER FL 33763 - 2961
SUNNY MOTEL L TO PTNSHP
STE 100
N19 W24130 RIVERWOOD DR
WAUKESHA WI 53188 - 1131
e
BOLDOG,CLARA
BOLDOG,DOROTHY
2500 VIRGINIA AVE NW UNIT 1405
WASHINGTON DC 20037 - 1901
Clearwater Neighborhoods Coalition
Sondra Kerr, President
P.O. Box 8204
Clearwater, FL 33758
DAM DEVON LLC
41 DEVON DR
CLEARWATER FL 33767 - 2437
DEN ELL, MARGARET M
94 DEVON DR
CLEARWATER FL 33767 - 2436
K & P CLEARWATER ESTATE LLC
3105 W WATERS AVE STE 31
TAMPA FL 33614 - 2869
MAZUR, JAN
MAZUR, JANINA
216 HAM DEN DR
CLEARWATER FL 33767 - 2446
PAPPAS, TOM
PAPPAS, ANASTASIA
115 DEVON DR
CLEARWATER FL 33767 - 2439
ROGERS, ROLAND
321 CORONADO DR
CLEARWATER FL 33767 - 2433
SEA CAPTAIN
526 BELLE ISLE
BELLEAIR BEACH FL 33786 - 3612
SUNRISE ON THE BEACH INC
229 CORONADO DR
CLEARWATER FL 33767 - 2431
TRACEY, CHRISTINA M
207 CORONADO DR
CLEARWATER FL 33767 - 2431
WELLER, HARRIETTE M
110 DEVON DR
CLEARWATER FL 33767 - 2438
e e
TROPICANA RESORT LAND TRUST
163 BAYSIDE DR
CLEARWATER FL 33767 - 2502
WANIO, TATIANAA
14 GRENVIEW BLVD N
TORONTO, ONTARIO M08X 2K1
00030 -
CANADA