DVA2004-00002A
DV A2004-00002A
CLEARWATER HYATT
301 S GULFVIEW BLVD
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Planning Department (j'" 3' 'C',:. ^\" I' 3.':)'"
100 South Myrtle Avenu I
ClealWClter, Florida :3:37 .
Telephone: 727.562.4567
Fax: 727-562-4865
IE#:
RECEIVED:
EIVED BY (staff initials):
A S PAGE#:
ZONING DISTRICT:
LAND USE CLASSIFICATION:
ZONING & LAND USE CLASSIFICATION OF
ADJACENT PROPERTIES:
NORTH:
SOUTH:
WEST:
EAST:
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y{' SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
Ilf' SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans
t/ SUBMIT APPLICATION FEE $ 5'DO .0()
DEVELOPMENT AGREEMENT APPLICATION
(Re,ised OS/22102)
-PLEASE ITPE OR PRlNT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202A)
APPLICANT NAME: Crystal Beach Capital, LLC
MAILING ADDRESS: 101 E. Kennedy Blvd., suite 2125, Tampa, FL 33602
PHONE NUMBER:
813-226-9897
FAX NUMBER:
813-226-8747
CELL NUMBER: EMAILADDRESS:neil@njrdevelopment.com
PROPERTYOWNER(S): crystal Beach Capital, LLC
(Must include ALL owners)
AGENT NAME: stephen J. Szabo, III
MAILING ADDRESS: 100 N. Tampa Street, Suite 2700, Tampa, FL 33602
PHONE NUMBER: 813 - 225 - 4 1 9 3
FAX NUMBER: 813-221-4210
B. PROPOSED DEVELOPMENT INFORMATION:
STREET ADDRESS:
LEGAL DESCRIPTION:
See Exhibit A attached hereto.
PARCEL NUMBER: J 71?q Ill; I~~ 3RO 1000 10 ~ 70. 07 12q 11 S IS 2 380 100010SSO. and
07/29/15/523800/000/1050
PARCEL SIZE: approximatelY :1.63 acres
(acres, square feet)
PROPOSED USE AND SIZE: ?~O ("nnnn nnr~l lln;r~ rlnn lR ("nnnnm;n;l1m llnir~
(number of dwelling units. hotel rooms or square footage of nonresidential use)
DEsCRIPTIONOFANYRELATEDREQUEsT(S): Proposed Amendment to Second Amended and
Restated Development Aoreement dated December 10, 2004, as recorded
(approval of a developmelJ!ig,clude all requested code deviations; e.g. reduction in required number of parking spaces, specifIC use, etc.)
in o.R. Book 1j~96, Page 2409.
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TDR), A P1VIOUSLY APPROVED PLANNED UNIT
DEVELOPMENT. OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO (if yes, attach a copy of the applicable
documents)
Page 1 of 5 _ Development Agreement Awlication - City of ClealWClter
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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 Dr include in.. fofmal report)'
(J STATEMENT OF THE REQUESTED DURATION OF THE DEVELOPMENT AGREEMENT,WHICH SHALL NOT EXCEED TEN YEARS
(J DESCRIPTION OF ALL EXISTING AND PROPOSED PUBLIC FACILITIES AND SERVICES THAT SERVE OR WILL SERVE THE
DEVELOPMENT;
(J DESCRIPTION OF THE USES DESIRED TO BE PERMITTED ON THE LAND, INCLUDING POPULATION DENSITIES AND BUILDING
INTENSITIES AND HEIGHTS;
(J INOENTlFICA TlON OF ZONING DISTRICT CHANGES, CODe AMENDMENTS THAT WILL BE REQUIRED IF THE PROPOSED DEVElOPMEf-,
PROPOSAL WERE TO BE APPROVED;
(J ZONING AND LAND USE CATEGORIES OF All ADJOINING PROPERTIES;
U 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)
(J SUBMIT A COPY OF THE TITLE OR DEED TO THE PROPERTY OR PROVIDE OWNER SIGNATURE ON PAGE OF THIS APPllCA TlON
D. WRITTEN SUBMITTAL REQUIREMENTS: (Section 4-606.G)
(J Provide the following contents to the development agreement, as folows:
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 bu~ding height.
e. A description of the public facilities and services that will serve the development, including who shall prOVide such public facilities and services: t ~
date any new public facilities and services. if needed, will be constructed; who shall bear the expense of construction of any new public facilities a ~
services; and a schedule to assure that the public facilities and services are available concurrent with the impacts of the development. TI ~
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 t ~
estimated cost of the public fac~ities and services, to be deposited with the city to secure construction of any new public facilities and servie< s
required to be constructed by the development agreement. The development agreement shall provide that such construction shall be complet d
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 cod
Additionally, a finding that the requirements for concurrency as set forth in Article 4 Division 10 of these regulations have been satisfied.
i. A description of any conditions, terms, restrictions or other requirements determined to be necessary by the city commission for the public hea~
safety or welfare of the citizens of the City of Clearwater. Such conditions. terms, restrictions Dr other requirements may be supplemental
requirements in existing codes or ordinances of the city.
j. A statement indicating that the failure of the development agreement to address a particular permit, condition, term or restriction shall not relie e
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 I e
commenced or be completed within a SpecifIC period of time. The development agreement may provide for liquidated damages, the denial of tutu
development approvals, the termination of the development agreement, or the withholding of certificates of occupancy for the failure of tl e
developer to comply with any such deadline.
I. A statement that the burdens of the development agreement shall be binding upon, and the benefits of the development agreement shall inure t ,
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 a e
specifICally anticipated in the development agreement.
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Page 2 of 5 - Development Agreement Application - City of Clearwa
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E. SUPPLEMENTAL SUBMITTAL REQUIREMENTS: (Section 4-202.A)
CJ SIGNED AND SEALED SURVEY (including legal description of property) - One original and 12 copies;
i:I COPY OF RECORDED PLAT, as applicable;
CJ PREUMINARY PLAT, as required;
i:I LOCATION MAP OF THE PROPERTY,
i:I TREE SURVEY (including existing trees on site and within 25' ofthe adjacent site, by species, size (DBH 4" or greater). and location,
including drip lines.)
CJ GRADING PLAN, as applicable;
F. SITE PLAN SUBMITTAL REQUIREMENTS: (Section 4-202.A)
i:I 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 prepered;
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 Pfivate 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 tines, manholes and lift stations, gas
and water lines;
All parking spaces, driveways, loading areas and vehicular use areas;
Depiction by shading or crosshatching of all required parking lot interior landscaped areas;
Location of all refuse collection facilities and all required screening (min. 10'x12' clear space);
Location of all landscape material;
Location of all onslte and offslte storm-water management facilities;
Location of all outdoor lighting fixtures; and
Location of all existing and proposed sidewalks.
i:I SITE DATA TABLE for existing. required, and proposed development, in writtenltabular 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.
i:I REDUCED SITE PLAN to scale (8 % X 11) and color rendering if possible;
i:I 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 Inventory; prepared by a "certified arborlsr. of all trees 8" DBH or greater, reflecting size, canopy (drip lines) and condition of such trees.
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I! . ~ge 3 of 5 - Development Agreement Application - City of Clearwat.ti .
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LANDSCAPE PLAN:
All existing and proposed structures;
Names of abutting streets;
Drainage and retention arees including swales, side slopes and bottom elevations;
Delineation and dimensions of all required perimeter landscape buffers;
Sight visibility tria ngles;
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 Icx:ations, including dripUne;
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.
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G. LANDSCAPING PLAN SUBMITTAL REQUIREMENTS: (Section 4-1102.A)
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lJ REDUCED LANDSCAPE PLAN to scale (8 % X 11) (color rendering if possible);
lJ IRRIGATION PLAN (required for level two and three approval);
lJ 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 Residentiallnfi. Project.
CJ BUILDING ELEVATION DRAWINGS - all sides of all buildings including height dimensions, colors and materials;
U REDUCED BUILDING ELEVATIONS - four sides of building with colors and materials to scale (8 % X 11) (black and white and color rendering, if
possible) as required.
I. SIGNAGE: (Division 19. SIGNS I Section 3-1806)
lJ Comprehensive Sign Program application. as applicable (separate application and fee required).
lJ Reduced signage proposal (8 % X 11) (color), if submitting Comprehensive Sign Program application.
J. TRAFFIC IMPACT STUDY: (Section 4~01.C)
lJ Include as required if proposed development will degrade the acceptable level of service for any roadway as adopted in the Comprehensive Plan.
Trip generation shall be based on the most recent edition of the Institute of Transportation Engineer's Trip General Manual. Refer to Section 4-801
C of the Community Development Code for exceptions to this requirement.
K. SIGNATURE:
I, the undersigned, acknowledge that all representations made in this
application are true and accurate to the best of my knowledge and
authorize City representatives to visit and photograph the property
described in th. application.
CRYSTAL EACH CA
By: N R sole
STATE OF FLORIDA, COUNTY OF PINELLAS J f+K.._
sWC!ITl. . tJ and subscribed befor~ p. .... th.. is -l.l- (fay of
~i..l.lJ !l!t}r 20..u..S to me and/or by
ftI. , L 18J/J. FN I-Id . I . ~ is personally -~as
produced ~ as
identifiCiltlon.
manager
JANICE MARIE WHmS
MY COMMISSION # DO 021922
EXPIRES: August 30, 2005
Bonded ThN Nolary PubIIo Underwriters
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Page 4 of 5 - Development Agreement Application - City of Clearwater
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L. AFFIDAVIT TO AUTHORIZE AGENT:
Capital Beach Capital, LLC
(Names of aM property owners)
1. That (I amJwe are) the owner(s) and record title holder(s) of the following described property (address or general location):
See Exhibit A attached hereto.
2. That this property constitutes the property for which a request for a: (describe request)
Amendment to Development Aareement
3, Thattheundersigned(hasihave)appointedand(does/do)appoint: Stephen J. Szabo, III of Foley &
Lardner LLP
as (hisllheir) agent(s) to execute any pet~ions or other documents necessary to affect such petition;
4. That this alflclav~ 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 vis~ and photograph the property described in this application;
Property Owner
6. That (Ilwe),the undersigned authority, hereby certify that the foregoing is true and correct. By:
Property Owner
STATE OF FLORIDA,
COUNTY OF PINELLAS
My Commission Expires:
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JANICE MARIE WHITIS
MY COMMISSION # DO 021922
EXPIRES: August 30, 2005
Bonded Thru Notary Public Undetwrlt8ll
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who having been first d
~for~ lTle the undersign'1': an officer duly commissioned by the laws of the statm Flort'l'OJ1JtliS
JU LLJ , 1.JY,) ) personally appeared NF:' L RALIE HO cJ I
Deposes and 58ys that heial:la fully understands the contents of the affidavit that hel igned./
S:\Ptanmng DepartmenMpplication Forms'Development review'development agre<<nent application3.cIoc
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Page 5 of 5 - Development Agreement Application - City of Clearwater
ORIGINAL.
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EXHIBIT A
Legal description of the Property
ORIG1~lAL
Lots 58 and 59. of THE LLOYD-WHITE SKINNER SUBDIVISION, as recorded in Plat Book
13, Pages 12 and 13, of the Public Records of Pin ell as County, Florida
AND
Lot 57, Lot 104, the South 20.0 feet of Lot 56, and the South 20.0 feet of Lot 103, THE LLOYD-
WHITE SKINNER SUBDIVISION, as recorded in Plat Book 13, Page 12, of the Public Records
of Pinellas County, Florida.
Lot 105, Lot 106, and the North half of Lot 107, THE LLOYD-WHITE SKINNER
SUBDIVISION, as recorded in Plat Book 13, Page 12, of the Public Records of Pin ell as County,
Florida.
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August 9, 2005
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
100 NORTH TAMPA STREET, SUITE 2700
TAMPA, FL 33602.5810
P.O. BOX 3391
TAMPA, FL 33601.3391
813.229.2300 TEL
813.221.4210 FAX
www.foley.com
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WRITER'S DIRECT LINE
813_225.4193
sszabo@foley_com EMAIL
AilE; 09 2005
CLIENT/MATTER NUMBER
046503.0101
Mr. Wayne Wells
City of Clearwater Planning Department
100 S. Myrtle Avenue
Clearwater, Florida 33756
Re: Amendment to Second Amended and Restated Development
Agreement for the Hyatt Clearwater Beach Resort
Dear Wayne:
Enclosed please find our Development Agreement Application to amend the Second
Amended and Restated Development Agreement dated December 10, 2004 and recorded in Official
Records Book 13996, Page 2409, Public Records of Pinellas County, Florida. The proposed
Amendment is being requested for the following reasons:
1. Certain changes are being proposed to Section 2.03 of the Development Agreement to
account for projected vacancy rates and enable the hotel unit owners greater flexibility to use the
hotel units when the hotel units might otherwise be vacant. This would lead to greater use of hotel
amenities and facilities in the surrounding area.
2. Weare modifying the construction start date under the Development Agreement so
that it is the same as the outside date for commencement of construction under the applicable
vacating ordinances for Third Street and Gulfview.
3. Weare requesting a minor modification to the Development Agreement to confirm
that the plans and specifications for the curb cuts on South Gulfview will be as shown on the
approved plans and specifications for the project.
4. Finally, we are modifying the provisions of Exhibit F of the Development Agreement
to be consistent with the changes to Section 2.03 of the Development Agreement, as described in
paragraph 1 of this letter.
BOSTON
BRUSSELS
CHICAGO
DETROIT
005.388486.1
JACKSONVI LLE
LOS ANGELES
MADISON
MILWAUKEE
NEW YORK
ORLANDO
SACRAMENTO
SAN DIEGO
SAN DIEGO/DEL MAR
SAN FRANCISCO
SILICON VALLEY
TALLAHASSEE
TAMPA
TOKYO
WASHINGTON, D.C.
WEST PALM BEACH
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Mr. Wayne Wells
August 9, 2005
Page 2
Should you have any questions or comments regarding the foregoing, please do not hesitate
to call me.
Enclosures
005,388486.1
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PREPARED BY AND WHEN RECORDED RETURN TO:
RECEIVED
AJH1 09 1D05
PLANNING DEPARJMENl
CI1V OF CLEARWATER
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
,2005
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005.382551.1
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THIS FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT (the "Amendment") is made as of this _ day of ,
2005 (the "Effective Date"), by and between THE CITY OF CLEARWATER, FLORIDA, a
Florida municipal corporation (the "City") and CRYSTAL BEACH CAPITAL, L.L.C., a Florida
limited liability company (the "Developer").
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in title, are
parties to that certain Second Amended and Restated Development Agreement as recorded in
O.R. Book 13996, Page 2409, 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 hereinbelow.
NOW, THEREFORE, in consideration of the sum of $10 and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the
Developer agree as follows:
1. Recitals, The foregoing recitals are true and correct and are incorporated herein
by reference.
2. Capitalized Terms. Capitalized terms not otherwise defined in this Amendment
shall have the meaning ascribed to such terms in the Development Agreement.
3. Hotel Units. Paragraph 2.03.1.c of the Development Agreement is deleted in its
entirety and replaced with the following: "Hotel - The Hotel shall include no more than two
hundred fifty (250) hotel units (which may be submitted to condominium ownership), a minimum
of twenty thousand (20,000) square feet of Meeting Space and other amenities accessory to the
Hotel, including but not limited to restaurants, bars, exercise and spa facilities, beach club,
outdoor recreation space, storage, back office and administration areas and other functional
elements related to the Hotel, including not more than twenty five thousand (25,000) square feet
of retail/restaurant floor area. Of the hotel units, 209 units (the "Hotel Pool Units") shall be
required to be used for transient occupancy for no fewer than 305 days per calendar year and
must be made available for rental to the public when such Hotel Pool Units are not being
occupied by their respective owners, subject to force majeure events making such rooms
unavailable for occupancy and subject further to the right of the hotel operator to remove such
rooms from service as necessary to assure compliance of such rooms with the operating standard
of such hotel operator. In order to assure the high quality resort experience called for under this
Agreement and to monitor the Hotel Pool Unit owners' compliance of the laws and regulations
applicable to such Hotel Pool Units, all such units, as well as the units not representing bonus
units, shall be maintained by a single hotel operator who shall meet the requirements as to
operating standards set forth in Exhibit N of this Agreement. Owners of the units, including
Hotel Pool Units, may act on their own behalf to rent their respective units or may retain a third
party rental agent to provide rental services."
Further, paragraph 2.03.4 of the Development Agreement is deleted in its entirety and
replaced with the following: "Notwithstanding any other provision of this Agreement, no
occupancy in excess of thirty (30) days per stay shall be permitted in any hotel unit which is
Page 2
005.382551.1
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developed as a part of the Project. In addition, no hotel unit shall be used as a primary or
permanent residence and each unit from the Hotel Unit Pool shall be required to be available for
transient occupancy, and to be maintained, as described in Section 2.03(1)(c). Prior to the
issuance of a certificate of occupancy for the resort hotel, the Developer shall record a covenant
and restriction which is enforceable by the City, substantially in accordance with Exhibit F,
limiting use and operation of the resort hotel units and implementing this paragraph."
4. Construction Start Date. The references to the date "March 6, 2006" and "March,
2006" as it appears in paragraphs 3.01, 3.03, 5.03, 5.05 and 7.02 of the Development Agreement
are deleted and replaced with "December 31, 2006".
5. Construction of South Gulfview Curb Cuts. The parties acknowledge that a
discrepancy exists between the Plans and Specifications for the Project and the Post Buckley
plans for the construction of Beachwalk with regard to the design, construction and placement of
curb cuts for the Project along South Gulfview Boulevard. Accordingly, the parties acknowledge
and agree that the Plans and Specifications for the Project will govern the design, construction
and placement of the curb cuts for the Project on South Gulfview Boulevard.
6. Canopy. The City agrees to grant to Developer an easement to allow the Hotel
canopy constructed on the east side of the Project to encroach in to the air space above Coronado
Drive. The location of the proposed canopy is reflected on Exhibit 2 attached hereto and
incorporate herein by reference.
7. Exhibit F. Paragraph 2.1.1 of Exhibit F is deleted in its entirety and replaced with
the following: "2.1.1 A minimum of two hundred and nine (209) units, which is the number of
hotel units allocated to Developer, shall be used solely for transient occupancy and must be made
available for rental to the public when such Hotel Pool Units are not being occupied by their
respective owners of thirty (30) days per stay or less, must be licensed as a public lodging
establishment and classified as a hotel, and must be maintained by a single licensed operator of
the hotel; provided, however, that owners of the units may act on their own behalf to rent their
respective units or may retain a third party rental agent to provide rental services, No hotel unit
shall be used as primary or permanent residence."
8. Scope of Amendment. In the event of any conflict or inconsistency between the
terms of this Amendment and the terms of the Development Agreement, the terms of this
Amendment shall control. As amended by this Amendment, the parties ratify and confirm the
Development Agreement and acknowledge and agree that the Development Agreement, as hereby
amended, is in full force and effect in accordance with its terms.
SIGNATURE PAGES TO FOLLOW
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005.382551.1
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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 , 2005 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]
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.
Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT COMPANY, L.L.C.,
its sole manager
(Witness Signature)
Print Name:
Neil J. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of , 2005, by Neil J.
Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal Beach Capital,
LLC, a Florida limited liability company, on behalf of the companies. He [select one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
005.382551.1
e
.
PREP ARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CR YST AL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
, 2005
ORIGINAL~
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THIS FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT (the "Amendment") is made as of this _ day of
2005 (the "Effective Date"), by and between THE CITY OF CLEARWATER, FLORIDA, a
Florida municipal corporation (the "City") and CRYSTAL BEACH CAPITAL, L.L.C., a Florida
limited liability company (the "Developer"),
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in title, are
parties to that certain Second Amended and Restated Development Agreement as recorded in
O.R. Book 13996, Page 2409, 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 hereinbelow.
NOW, THEREFORE, in consideration of the sum of $10 and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the
Developer agree as follows:
1. Recitals, The foregoing recitals are true and correct and are incorporated herein
by reference.
2. Capitalized Terms, Capitalized terms not otherwise defined in this Amendment
shall have the meaning ascribed to such terms in the Development Agreement.
3, Hotel Units, Paragraph 2.03,1.c of the Development Agreement is deleted in its
entirety and replaced with the following: "Hotel - The Hotel shall include no more than two
hundred fifty (250) hotel units (which may be submitted to condominium ownership), a minimum
of twenty thousand (20,000) square feet of Meeting Space and other amenities accessory to the
Hotel, including but not limited to restaurants, bars, exercise and spa facilities, beach club,
outdoor recreation space, storage, back office and administration areas and other functional
elements related to the Hotel, including not more than twenty five thousand (25,000) square feet
of retail/restaurant floor area. Of the hotel units, 209 units (the "Hotel Pool Units") shall be
required to be used for transient occupancy for no fewer than 305 days per calendar year and
must be made available for rental to the public when such Hotel Pool Units are not being
occupied by their respective owners, subject to force majeure events making such rooms
unavailable for occupancy and subject further to the right of the hotel operator to remove such
rooms from service as necessary to assure compliance of such rooms with the operating standard
of such hotel operator. In order to assure the high quality resort experience called for under this
Agreement and to monitor the Hotel Pool Unit owners' compliance of the laws and regulations
applicable to such Hotel Pool Units, all such units, as well as the units not representing bonus
units, shall be maintained by a single hotel operator who shall meet the requirements as to
operating standards set forth in Exhibit N of this Agreement. Owners of the units, including
Hotel Pool Units, may act on their own behalf to rent their respective units or may retain a third
party rental agent to provide rental services."
Further, paragraph 2.03.4 of the Development Agreement is deleted in its entirety and
replaced with the following: "Notwithstanding any other provision of this Agreement, no
:~c~~P~f jn excess of thirty (30) days per stay shall be permitted in any hotel unit which is
;. " I, I
() f~ I GIN 1\ L
Page 2
It
e
developed as a part of the Project. In addition, no hotel unit shall be used as a primary or
permanent residence and each unit from the Hotel Unit Pool shall be required to be available for
transient occupancy, and to be maintained, as described in Section 2.03(1)(c). Prior to the
issuance of a certificate of occupancy for the resort hotel, the Developer shall record a covenant
and restriction which is enforceable by the City, substantially in accordance with Exhibit F,
limiting use and operation of the resort hotel units and implementing this paragraph."
4. Construction Start Date. The references to the date "March 6,2006" and "March,
2006" as it appears in paragraphs 3,01, 3,03, 5,03, 5,05 and 7,02 of the Development Agreement
are deleted and replaced with "December 31, 2006".
5, Construction of South Gulfview Curb Cuts, The parties acknowledge that a
discrepancy exists between the Plans and Specifications for the Project and the Post Buckley
plans for the construction of Beachwalk with regard to the design, construction and placement of
curb cuts for the Project along South Gulfview Boulevard, Accordingly, the parties acknowledge
and agree that the Plans and Specifications for the Project will govern the design, construction
and placement of the curb cuts for the Project on South Gulfview Boulevard,
6. Canopy. The City agrees to grant to Developer an easement to allow the Hotel
canopy constructed on the east side of the Project to encroach in to the air space above Coronado
Drive. The location of the proposed canopy is reflected on Exhibit 2 attached hereto and
incorporate herein by reference.
7. Exhibit F, Paragraph 2,1,1 of Exhibit F is deleted in its entirety and replaced with
the following: "2,1,1 A minimum of two hundred and nine (209) units, which is the number of
hotel units allocated to Developer, shall be used solely for transient occupancy and must be made
available for rental to the public when such Hotel Pool Units are not being occupied by their
respective owners of thirty (30) days per stay or less, must be licensed as a public lodging
establishment and classified as a hotel, and must be maintained by a single licensed operator of
the hotel; provided, however, that owners of the units may act on their own behalf to rent their
respective units or may retain a third party rental agent to provide rental services, No hotel unit
shall be used as primary or permanent residence."
8. Scope of Amendment. In the event of any conflict or inconsistency between the
terms of this Amendment and the terms of the Development Agreement, the terms of this
Amendment shall control. As amended by this Amendment, the parties ratify and confirm the
Development Agreement and acknowledge and agree that the Development Agreement, as hereby
amended, is in full force and effect in accordance with its terms.
:'.>
JliL 2 1 2005
SIGNATURE PAGES TO FOLLOW
ORIGINAL
Page 3
005.382551.1
It
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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 , 2005 by and , the Mayor and the City
Clerk, respectively, for the City of Clearwater, Florida, on behalf ofthe City.
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNATURES CONTINUED ON NEXT PAGE]
1 i. :!
.J U:~ 2 j 2005
ORIGINAL
Page 4
005.382551.1
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.
Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT COMPANY, L.L.c.,
its sole manager
(Witness Signature)
Print Name:
Neil J. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of , 2005, by Neil J.
Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal Beach Capital,
LLC, a Florida limited liability company, on behalf of the companies. He [select one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
.Jli:. 2 j 2005
ORiGIN/\L
005.382551.1
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005.382551.1
EXHIBIT 1
Depiction of Canopy on Coronado
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100 South Myrtle Avenue
Clearwater, Florida 33756
Telephone: 727.562.4567
Fax: 727-562-4865
~:':!dIBarwater
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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:
r:f" SUBMIT ORIGINAL SIGNED AND NOTARIZED APPLICATION
ld'" SUBMIT 12 COPIES OF THE ORIGINAL APPLICATION including folded site plans
~ SUBMIT APPLICATION FEE $ ffJD .00
DEVELOPMENT AGREEMENT APPLICATION
(Revised 05122/02)
-PLEASE TYPE OR PRINT-
A. APPLICANT, PROPERTY OWNER AND AGENT INFORMATION: (Section 4-202.A)
APPLICANT NAME: Crystal Beach Capital, LLC
MAILING ADDRESS: 101 E. Kennedy Blvd., Suite 2125, Tampa, FL 33602
PHONE NUMBER:
813-226-9897
FAX NUMBER:
813-226-8747
CELL NUMBER: EMAILADDRESS:neil@njrdevelopment.com
PROPERTYOWNER(S): Crystal Beach Capital, LLC
(Must include ALL owners)
AGENT NAME: Stephen J. Szabo, III
MAILING ADDRESS: 100 N. Tampa Street, Suite 2700, Tampa, FL 33602
PHONE NUMBER: 813 - 2 2 5 - 41 9 3
FAX NUMBER: 813-221-4210
B. PROPOSED DEVELOPMENT INFORMATION: \
STREET ADDRESS: ~6 \ e. \.AWl e..~ b \ \f C~
LEGAL DESCRIPTION: See Exhibi t A attached hereto.
PARCEL NUMBER: 17/29/11; IS2 380 1000 10S 70 ~ 07/2911 S/S2 380 /000/0580' and
07/29/15/523800/000/1050
PARCEL SIZE: approximately 1.05 acres
(acres, square feet)
PROPOSED USE AND SIZE: ?SO C'onc1o hot-p1 Ilnit-~ <=Inn 1R C'onnominillm lInit-s
(number of dwelling units, hotel rooms or square footage of nonresidential use)
DESCRIPTIONOFANYRELATEDREQUEST(S): Proposed Amendment to Second Amended and
Restated Development Aareement dated December 10, 2004, as recorded
. (approval of a developmer:t!i!l.cWde all r~uested code deviations; e.g. reduction in required number of parking spaces, specific use, etc.)
1n o.R. Book 13~~6, Page 2409.
DOES THIS APPLICATION INVOLVE THE TRANSFER OF DEVELOPMENT RIGHTS (TOR), A P1VIOUSL Y APPROVED PLANNED UNIT
DEVELOPMENT, OR A PREVIOUSLY APPROVED (CERTIFIED) SITE PLAN? YES _ NO (if yes, attach a copy of the applicable
documents)
Page 1 of 5 - Development Agreement Application - City of Cle
JL'L 2 1 2005
: \
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DV A2004-00002A
301 S GULFVIEW BLVD
Date Received: 07/28/2005
D JUl2 8 2lI6 ' I
CLEARWATER HYATT
, PLAr... . . ~ ; ;.' ". ..
CH\' OiL ....: .:', . ,;;....
. .......,.,U_~ _
ZONING DISTRICT: T
LAND USE: RFH
ATLASPAGE:UNK
PLANNER OF RECORD: NOT ENTERED
.
.
CITY OF CLEARWATER
PLANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FLORIDA 33758-4748
MUNICIPAL SERVICES BUILDING, 100 SOUill MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE (727) 562-4567 FAX (727) 562-4865
LONG RANGE PIANNING
DEVELOPMENT REvIEW
January 20, 2006
Mr. Stephen 1. Szabo, III
100 N. Tampa Street, Suite 2700
Tampa, FL 33602
RE: Development Order - DV A2004-00002A
229 and 301 South Gulfview Boulevard and 230,300 and 304 Coronado Drive
Dear Mr. Szabo:
The City Council at their meeting on January 19,2006, APPROVED the amended Development
Agreement between Crystal Beach Capital, LLC (the property owner) and the City of Clearwater
(previously approved DV A2004-00002 by City Council on December 2, 2004) 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 Wayne M. Wells, AICP, Planner III, at
727-562-4504. You can access zoning information for parcels within the City through our
website: www.myc1earwater.com. *Make Us Your Favorite!
Sincerely,
d~
Planning Director
S:IPlanning DepartmentlC D BIDevelopment AgreementsIDVA2004-00002A Gulfview S 301 Hyatt (1) - Approved 2006\Gulfview S 301 CC
Decision Letter 1.20. 06. doc
FRANK HIBBARD, MAYOR
BIl.l.jONSOt-:, VICE-MAYOR
HoY[ HAMIl.TON, COllt-:CIl.MEMBER
*
jOHt-: DORAN, COl;t-:CIl.~IBmER
CARl.EN A. PETERSEN, COlJt-:CIl.MBmER
"EQUAl. EMPLOYMENT AND AFFIRMATIVE ACTION EMPl.CYll:R"
.
C I T Y 0 F
.
CLEARWATER
PlANNING DEPARTMENT
POST OFFICE Box 4748, CLEARWATER, FWRlDA 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
January 18,2006
Mr, Stephen 1. Szabo, III
100 N. Tampa Street, Suite 2700
Tampa, FL 33602
RE: DV A2004-00002A, 229 and 301 South Gulfview Boulevard and 230, 300 and 304
Coronado Drive
Dear Mr. Szabo:
The Community Development Board (CDB) at their meeting on January 17, 2006, voted to
recommend to the City Council APPROV AL of an amended Development Agreement between
Crystal Beach Capital, LLC (the property owner) and the City of Clearwater (previously
approved DV A2004-00002 by City Council on December 2, 2004) for the sites at 229 and 301
South Gulfview Boulevard and 230, 300 and 304 Coronado Drive. This amended Development
Agreement is scheduled for review and decision by City Council on Thursday, January 19, 2006.
If you have any questions, please do not hesitate to call Wayne M. Wells, AICP, Planner III, at
727-562-4504. You can access zoning information for parcels within the City through our
website: www.myclearwater.com. *Make Us Your Favorite!
Sincerely, ,
A~'..."'-J...
__~ '.:./.4..
~~p
Planning Director
S:IPlanning DepartmentlC D BIFLEX (FLD)\Pending caseslUp for the next CDBIGulfview S 301 Hyatt (T) DVA- 1.1 9.06 CC - WW\Gulfview S
301 CDB Decision Letter J.18.06.doc
FRANK HIBIlARD, MAYOR
BUJ.JONSON, VICE-MAYOR
HOYT HAMILTON, COUNClLMEMBER
t8~
JOHN DORAN, COUt\CIL~IDIllER
CARLEN A. PETERSEN, COUNClL~lEMIlER
"EQUAL EMPLOYMENT AND AFFIRMATIVE ACT!ON EMPLQY1,R"
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Wells, Wayne
Thursday, January 12, 20062:39 PM
'sszabo@foley,com'
DV A2004-00002A, Hyatt Amended Development Agreement
Mr. Szabo -
Attached is the Staff Report and the proposed Amended Development Agreement for the above referenced case that was
sent to the Community Development Board today. The Community Development Board will meet on Tuesday, January 17,
2006, at 1 :00 pm at 112 South Osceola Street, 3rd Floor, Clearwater, Florida, 33756 (City Hall Council Chambers).
Should you have any questions, feel free to contact me (727-562-4504),
Wayne Wells
Planner III
~ ~
Gulfview 5 301 Draft #3 (Draft
Amended Dev, Ag.., sent to the CD..,
1
r
.
.
September 8, 2005
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
100 NORTH TAMPA STREET, SUITE 2700
TAMPA, FL 33602-5810
PO, BOX 3391
TAMPA, FL 33601-3391
813,229.2300 TEL
813.221.4210 FAX
www.foley.com
:FOLEY
VIA FACSIMILE - 727-562-4865
WRITER'S DIRECT LINE
813225.4193
sszabo@foley.com EMAIL
CLIENT/MATTER NUMBER
042019-0102
Gina L. Clayton
Assistant Planning Director
Planning Department
City of Clearwater
P.O. Box 4748
100 S. Myrtle Avenue
Clearwater, FL 33756
Re: Community Development Board Hearing (DV A2005-0002A)
Dear Ms. Clayton:
As authorized representative for Crystal Beach Capital, LLC, please allow this letter
to serve as our formal request to continue the hearing scheduled before the Community Development
Board for the City of Clearwater, Florida, currently scheduled for Tuesday, September 20, 2005 at
10:00 a.m,
Should you have any questions or comments regarding the above, please do not
hesitate to call me,
Very truly yours,
Stephen J. Szabo, III
BOSTON
BRUSSELS
CHICAGO
DETROIT
005,392267,1
JACKSONVILLE
LOS ANGELES
MADISON
MILWAUKEE
NEW YORK
ORLANDO
SACRAMENTO
SAN DIEGO
SAN DIEGOIDEL MAR
SAN FRANCISCO
SILICON VALLEY
TALLAHASSEE
TAMPA
TOKYO
WASHINGTON, D,C,
WEST PALM BEACH
. lettt requesting continuance .earing. Signed copy being faxed
.
Page 1 of2
Wells, Wayne
From: Clayton, Gina
Sent: Wednesday, November 23, 20054: 13 PM
To: Wells, Wayne
Subject: FW: Letter requesting continuance of hearing. Signed copy being faxed
I think this should be in the file but. . . . .
-----Original Message-----
From: Szabo, Stephen J. [mailto:SSzabo@foley.com]
Sent: Thursday, September 08, 2005 3:43 PM
To: Clayton, Gina
Cc: Chris@njrdevelopment.com; neil@njrdevelopment.com
Subject: Letter requesting continuance of hearing. Signed copy being faxed
<<NJR/ltr to city of clearwater, DOC>>
Very truly yours,
Steve
Foley & Lardner
100 N. Tampa Street, Suite 2700
Tampa, FL 33602
P.O. Box 3391
Tampa, FL 33601
(813) 229-2300 (main line)
(813) 225-4193 (direct)
(813) 221-4210 (fax)
e-mail: sszabo@foleylaw.com
CONFIDENTIALITY NOTICE: THE INFORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS
INTENDED ONLY FOR THE PERSONAL AND CONFIDENTIAL USE OF THE DESIGNATED RECIPIENTS
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11128/2005
Letlr requesting continuance learing. Signed copy being faxed
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c
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FROM
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(THU) 9, 8' 05 15: ~T. 15: 42/NO, 4863354625 P 2
: FOLEY
September 8, 2005
f'OLfY & LARDNER LlP
ATTORNEYS AT LAW
100 NORTH TAMPA STR'_ET, sum:: 2700
TAMPA. F~ 33602.5810
P.O. BOX 33S01
TAMPA, FL 33601.3391
813.229.,.,00 iEL
813.2;(1.4210 FAX
www.foley.com
VIA )<'ACSIMILE -. 727-562-4865
WRITER'S DIRECT LINE
813.225.4193
sS7.aoll@fQley.ccm EMAIL
(;1 lENT /MATl'ER NUMBER
042019.0102
Gina L. Clayton
Assistant Planning Director
Planning Department
City of Cleanvater
P.O. Box 4748
100 S. Myrtle Avenue
Clearwater, FL 33756
Re: Commlmity Development Board HeariJ1g (DV A2005~0002A)
Dear Ms. Clayton:
As authorized representative for Crystal Beach Capital. LI .C, pleaso allow this letter
to serve as our fonnal request to continue the hearing scheduled before the Community Development
Board for the City of Clearwaler, Florida, currently scheduled for Tuesday, September 20, 2005 at
10:00 a,m.
Should you have any questions or conunents regarding the above, please do not
hesitate to call me.
BOSTON
BRUSSELS
CHICAGO
DETROiT
iO:::.'.ii2267.1
JACKSONVIl.lE
LOS ANGELES
MADISON
MIl WAU~It
NEW YORK
ORLANDO
SACAAMrNTO
SAN DIEGO
SAN DIEGO/D~l. MAR
SAN FRANCISCO
SILICON VALLEY
TALLAHASSEE
TAMPA
iOKYO
WASHINGTON. D.C.
WEST PALM ilEACH
..
: FOLEY
.
(THU) 9. 8' 05 15: 43. 15: 42/NO. 4863354625 P
FOLEY & l-'RDNER LLP
AtiOftN!;"YS AT LAW
100 NORTH TAMPA STREl T, SUITE 2700
TAMPA, FL 33602.58 J 0
P.O. BOX 3391
TAMPA, FL 33601.3391
TELEPHON~: 813.229.2300
FACSIMilE: 813.221.4210
WWW.FOlEY.COM
FROM
FACSIMILE TRANSMISSION
Total # of Pages ..z... (including this page)
~~~;Cl~O~---_ -~~EO~~~7~~~::8651
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I
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From:
Stephen J. Szabo, III
sszabo@foley.com
813.225.4193
September 8, 200S
046503-0101
Email Address:
I Sender's Direct Dial :
I Date;
Client/Matter No :
I
L-.
._1
User 10 No: 2684
MESSAGE:
If there are any problems with this transmission or if you have not
received all of the p~, please call .
d"'Return Original To:
G~r.r}' L. Kearney
I
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....I
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Time Sent:
1.1(::'::;;<:;>::271.1
Cover Page 1 of 1
FOLEY & LARDNER LLP
~ Clearwater-
()
CITY OF CL.iRWATER
PLANNING DEPARTMENT
MUNICIPAL SERVICES BUILDING
100 SOUTH MYRTLE AVENUE, CLEARWATER, FLORIDA 33756
TELEPHONE: (727) 562-4567 FAX: (727) 562-4576
WWW.MYCLEARWATER.COM
August 09,2005
Stephen J Szabo Iii
100 N Tampa St, Suite 2700
Tampa, F133602
RE: DV A2004-00002A -- 301 S GULFVIEW BLVD -- Letter of Completeness
Dear Stephen J Szabo Iii :
The Planning Staff has entered your application into the Department's filing system and assigned the
case number: DV A2004-00002A. After a preliminary review of the submitted documents, staff has
determined that the application is Complete.
The Development Review Committee (DRC) will review the application for sufficiency on
September 01,2005, in the Planning Department conference room - Room 216 - on the second floor
of the Municipal Services Building. The building is located at 100 South Myrtle A venue in
downtown Clearwater. Please call Sherry Watkins, Administrative Analyst, at 727-562-4582 no
earlier than one week prior to the meeting date for the approximate time that your case will be
reviewed. You or your representative (as applicable) must be present to answer any questions that the
DRC may have regarding your application, Additional comments may be generated by the DRC at the
time of the meeting.
If you have any questions, please do not hesitate to contact me at 727-562-4504 or
Wayne, Wells@myclearwater.com.
Sincerely yours,
/1/ ~f'i- M. h1QQ,
WavneA.vells. AICP
Planner III
Letter of Completeness - DVA2004-00002A - 301 S GULFVIEW BLVD
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Wells, Wayne
Tuesday, August 09,20055:18 PM
'sszabo@foley,com'
DV A2004-00002A, Hyatt
Mr. Szabo -
The above referenced amendment to the Development Agreement is COMPLETE and has been scheduled for the
September 1,2005, Development Review Committee. A letter is being sent to you regarding such.
Wayne Wells
1
.
.
C I T Y 0 F
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
August 7, 2005
Stephen J. Szabo, III
100 N. Tampa Street
Suite 2700
Tampa. FL 33602
RE: Case No. DV A2004-00002A, 229 and 301 South Gulfview Boulevard and 230, 300 and 304
Coronado Drive (Hyatt)
Dear Mr. Szabo:
The Planning staff has reviewed your application for an amendment to the Development Agreement
previously approved by the Clearwater City Council on December 2, 2004 for property generally located
at 229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado Drive. After a preliminary
review of the submitted documents, staff has determined that the application is incomplete, with the
deficiencies listed below, No further development review action shall be taken until the deficiencies are
corrected and the application is deemed complete, In order to stay on the current schedule for review for
sufficiency by the Development Review Committee (DRC) on September 1, 2005, the following
information is required to be submitted bv 4:00 pm on Tuesday, AU2ust 9, 2005 (should you be unable
to meet this time frame, the next submittal deadline is August 25, 2005 [noon] to be reviewed for
sufficiency by the DRC on September 29,2005, if the application is deemed complete):
The following items and/or information are required in order to make your application complete:
1. Provide a letter detailing the items being requested for amendment and the reason(s) for such
amendmen t.
2. Revise Page I of the application to indicate the parcel size as 1.63 acres,
Fifteen copies (one original and 12 copies) of revised application material addressing the above
comments must be submitted to the Planning Department.
If you have any questions, please do not hesitate to call me at 727-562-4504. You can access zoning
information for parcels within the City through our website: www.myclearwater.com.
Sincerely,
hJ~AL M. IJ~
Wayne M, Wells, AICP
Planner III
S'\Planning DepartmentlC D B\FLEX (FLD)I/ncompleteIGu/fview S 301 Hyatt (T) - WW\Gu/fview S 30//ncomplete Letter 8. 7.05.doc
FRANK 1!lIlBARfJ, MAYOR
BILL]ONSO'!, VICE-MAYOR
!-JaYi' Hi\\1II.TON, COllNClLMEMBER
JOHN DORAN, COUKClL\\E\IBER
;:M{LEN A. PETEI\SEN, COUKClL\IEMBER
"EQUAL EMPLOYMENT AND foJ'FIRMATiVE i\CTION EMI'LOlTR"
y
~
.
.
LL
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FAX COVER MEMO
CITY OF CLEARWATER
PLANNING DEPARTMENT
100 S. MYRTLE AVE.
CLEARW A TER, FL 33756
(727) 562-4567 FAX: (727) 562-4865
TO: ~~~L~ S~1,
FAX: -. ~ I 3 - z,...z... I . 4' 2.-1 0
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MESSAGE:
NUMBER OF PAGES(INCLUDING THIS PAGE) L
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.
.
Aug. 07 2005 05:29PM
YOUR LOGO
YOUR FAX NO.
Cit~OfClearwater-Plan Dept
727 562 4865
NO. OTHER FACSIMILE
01 98132214210
START TIME USAGE TIME MODE PAGES RESULT
Aug. 07 05:29PM 00'54 SND 02 OK
TO TrnN CFF REPffiT, PRESS '1"BlJ' tt04.
TI-EN SELECT CFF BY LE I t-I3 ' +' ffi ' -' .
Fffi FAX AJ:)I."HffI=(]E ASSISTt=N:E, PLEASE CR..L l-Em-I-ELP-FAX (435-7329).
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Wells, Wayne
Sunday, August 07,20055:17 PM
'sszabo@foley,com'
Amendment to Development Agreement for Clearwater Hyatt
Stephen Szabo -
Attached is a Letter of Incompleteness for Case DV A2004-00002A for the above referenced application. I will fax this letter
also and send the original by mail.
Wayne Wells, AICP
rf[]
Gulfview S 301
Incomplete Lett...
FOLEY
.-
-. YA;;<CD4- - cccoF
July 11, 2005
FOLEY & LARDNER LLP
ATTORNEYS AT LAW
100 NORTH TAMPA STREET, SUITE 2700
TAMPA, FL 33602-5810
P.O. BOX 3391
TAMPA, FL 336013391
813.229.2300 TEL
813.221.4210 FAX
www.foley.com
VIA FEDEx
WRITER'S DIRECT LINE
813.225.4193
sszabo@foley.com EMAIL
CLIENT /MATTER NUMBER
046503.0104
N eal Thompson
City of Clearwater
Planning Department
100 South Myrtle Avenue
Clearwater, Florida 33756
Re: Amendment to Development Agreement for Clearwater Hyatt
Proj ect
Dear Neal:
It was a pleasure speaking with you earlier today regarding the Application to Amend
the existing Development Agreement for the Clearwater Hyatt project. Enclosed please find an
original Development Agreement together with 12 copies of the original Application, including 12
copies of the proposed Amendment to the Development Agreement.
Should you have any questions or comments regarding the enclosed, please do not
hesitate to call me.
Very truly yours,
~~-L/~~
Stephen 1. Szabo, III
Enclosures
cc:
Pam Akin, Esquire (wi enclosure)
Neil J. Rauenhorst (wi enclosure)
Todd Lax, Esquire (wi enclosure)
~.Wlll'W/ T~-!
IJU~ 212;-'
"",,?><--'.'-.
fLl-;e~;t;,:{,
.-, 0 ,~....,.~:~~:;~tl (:~. !~;';.: . \
ORIG\NAL
BOSTON
BRUSSELS
CHICAGO
DETROIT
005.384743.1
JACKSONVILLE
LOS ANGELES
MADISON
MILWAUKEE
NEW YORK
ORLANDO
SACRAMENTO
,'''' SAN DIEGO
SAN DI EGO/DEL MAR
SAN FRANCISCO
SILICON VALLEY
TALLAHASSEE
TAMPA
TOKYO
WASHINGTON, D.C.
WEST PALM BEACH
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Wells, Wayne
Monday, January 23, 2006 9:20 AM
Dewitt, Gina
Amended Hyatt Development Agreement
Gina -
City Council approved the amended Development Agreement for the Hyatt project last Thursday night (January 19, 2006).
When the signed and recorded version of this Development Agreement is available, could you email the electronic version
to me? I will make a hard copy for our case file, Thanks.
Wayne
1
l
..
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Delk, Michael
Friday, January 20, 2006 9:27 AM
Wells, Wayne; Clayton, Gina
FW: Hyatt pro-rata
FYI.
mid
-----Original Message-----
From: Akin, Pam
Sent: Wednesday, January 18, 2006 2: 19 PM
To: Simmons, Margie; Arasteh, Mahshid; Brumback, Garry; Delk, Michael
Cc: Quillen, Michael
Subject: RE: Hyatt pro-rata
Margie, Good point. Under both agreements there should be a deduction from the total project cost for funds which do
not have to be repaid. With the fixed agreed upon pro-rata share, Hyatt no longer gets the benefit of that provision. If we
recalculate their pro-rata share and move away front he "fixed" contribution then they would get the benefit of any grants.
Mahshid, in reviewing the chart I have questions. Its seems to me that the first column is not relevant. the second column
is the starting point under the development agreement. Additionally the 1.190 has increased monthly since April 2005.
That should be included in the second column, When did the impact fees increase? The second column should also
include an impact fee cost for the residential units
-----Original Messagen---
From: Simmons, Margie
Sent: Wednesday, January 18, 2006 1:42 PM
To: Arasteh, Mahshid; Brumback, Garry; Akin, Pam; Delk, Michael
Cc: Quillen, Michael
Subject: RE: Hyatt pro-rata
Do these amounts include CEI, Capitalized labor, 10% contingency, and miscellaneous - or is this the base contract
only? Also - is there a deduction for the grants that are expected? I think the Patel agreement calls for a deduction for
grants.
-----Original Message-----
From: Arasteh, Mahshid
Sent: Wednesday, January 18, 2006 12:23 PM
To: Brumback, Garry; Akin, Pam; Delk, Michael; Simmons, Margie
Cc: Quillen, Michael
Subject: Hyatt pro-rata
Attached pis find Hyatt's pro-rata share which will be 1.53M ( last August's cost of construction) compared to
1.19M. The agreement includes an escalation clause based on the construction cost index but as you know we
are updating this index for all PW A projects (this inforation will be available by end of Jan ).
Please note the changes associated with the 18 added condominiums.
Pam, Margie, Michael, pis let me know if you agree with this calculation.
Thanks
Mahshid D. Arasteh, P.E.
Public Works Administrator
727-562-4757
1
.....' ~
.
.
~
Wells, Wayne
From:
Sent:
To:
Subject:
Delk, Michael
Thursday, January 19, 2006 10:42 AM
Wells, Wayne; Clayton, Gina
FW: Hyatt pro-rata
FYI.
mid
-----Original Message-----
From: Arasteh, Mahshid
Sent: Wednesday, January 18, 2006 12:23 PM
To: Brumback, Garry; Akin, Pam; Delk, Michael; Simmons, Margie
Cc: Quillen, Michael
Subject: Hyatt pro-rata
Attached pis find Hyatt's pro-rata share which will be 1.53M ( last August's cost of construction) compared to 1.19M. The
agreement includes an escalation clause based on the construction cost index but as you know we are updating this index
for all PW A projects (this inforation will be available by end of Jan ),
Please note the changes associated with the 18 added condominiums.
Pam, Margie, Michael, pis let me know if you agree with this calculation.
Thanks
Mahshid D. Arasteh, P.E.
Public Works Administrator
727-562-4757
~
bwss$,doc
1
~
..--' I( " 'l
.
.
Hvatt Fuodio2 for Beach Walk (01/17/06)
30% estimate 10% inflation Westra bid
Total South Gulfview construction cost =
(Coronado to Adams Mark) $9.449 M $10.394 $14.485 M
Less utility costs (sewer, water, drainage, gas) = $0.412 M $.453 M $1.953 M
Construction cost subject to reimbursement = $9.037 M $9,941 M $12.532 M
Total project length = 2330'
Hyatt S. Gulfview frontage = 279'
Due from Hyatt- ($9.037 M) x (279/2330) = $1.082 M
($9,941 M) x (279/2330) = $1.190 M
($12.532 M) x (279/2330) = $1.501 M
Traffic Impact Fee calculation:
250 "resort hotel" units @ $2838/ unit = $709,500 $709,500
250 "resort hotel" units @ $3208/ unit = $802,000
18 condominium units @ $1270/ unit = $22,860
Total = $709,500 $709,500 $824,860
Credits:
67 "motel (budget style)" units @ $805/ unit = $53,935 $53,935
67 "motel (budget style)" units @ $910/ unit = $60,970
Total Traffic Impact Fee due = $655,565 $655,565 $763,890
City share = 50% = $327,783 $327,783 $381,945
Amount due from Hyatt = $ I .082 M - $0.328 M = $.754 M
Amount due from Hyatt = $1.190 M - $0.382 M = $.862 M
Amount due from Hyatt = $1.501 M - $0.382 M = $1.119M
All construction costs are based on the low bid submitted by Westra Construction, Inc. on August 17,2005.
.
.
ORIGiNAL
CDB Meeting Date:
Case Number:
Agenda Item:
Owner/ Applicant:
Representati ve:
Addresses:
January 17, 2006
DV A2004-00002A
Fl
Crystal Beach Capital, LLC
Mr. Stephen 1. Szabo, III
229 and 301 South Gulfview Boulevard and 230, 300 and 304 Coronado
Drive
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
UPDATE:
The Community Development Board at their September 20, 2005, meeting continued this
application, at the applicant's request, to a date uncertain.
GENERAL INFORMATION:
REQUEST:
Review of, and recommendation to the City Council, of an amended
Development Agreement between Crystal Beach Capital, LLC (the
property owner) and the City of Clearwater (previously approved
DV A2004-00002 by City Council on December 2,2004).
EXISTING ZONING/
LAND USE:
Tourist (T) District; Resort Facilities High (RFH) Category
PROPERTY SIZE:
1.63 acres
PROPERTY USE:
Current Use: Vacant.
Proposed Use: Hotel of250 rooms (153.37 rooms/acre on total site),
18 attached dwellings (11.04 units/acre on total site) and a
maximum of 70,000 square feet (0.98 FAR on total site) of
amenities accessory to the hotel, at a height of 150 feet (to roof
deck).
ADJACENT ZONINGI
LAND USES:
North: Tourist District; Overnight accommodations
East: Tourist District; Overnight accommodations
South: Tourist District; Overnight accommodations
West: Open SpacelRecreation District; Beach and Gulf of Mexico
Staff Report - Community Development Board - January 17,2006 - Case DV A2004-00002A
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.
ANALYSIS:
Site Location and Existing Conditions: The existing properties total 1.63 acres and are located
between South Gulfview Boulevard and Coronado Drive at Third Street. The properties
previously were developed with two motels (Glass House and Beach Place Motel). These motels
were demolished. 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. The site also includes a portion of the eastern
half of the South Gulfview Boulevard right-of-way and the Third Street right-of-way between
South Gulfview Boulevard and Coronado Drive. The site is located within the Beach Walk
District of the Beach by Design Plan,
On February 20,2002, a Flexible Development request was approved for this property to construct
a 250-room full service hotel with an 800 parking space garage (of which 400 spaces are for public
parking) (Case No. FL 01-01-01). The City Commission approved a companion Development
Agreement on March 1,2001 (Case No. DA 01-01-01). These development proposals approved
included 183 rooms from the Density Pool, the hotel at a height of 150 feet and the vacation of
Third Street and the east Yz of South Gulfview Boulevard (vacation was approved but is not
effective until actual construction of the hotel begins). On August 20, 2002, the Community
Development Board approved the creation of a 155-space, public parking lot as an interim use
(Case No. FLD 02-04-12). The City Commission approved a companion Development Agreement
on August 22, 2002 (Case No. DA 01-01-01 amended). This interim parking lot will not be
constructed. On November 16, 2004, the Community Development Board (CDB) approved a
Flexible Development application amending the prior project to include an additional 24 hotel
units from the density pool, which were converted to 18 attached dwellings (Case No. FLD2004-
07052). On December 2, 2004, City Council approved the companion amended Development
Agreement (Case No, DV A2004-00002). Building pennits to construct the proposed
improvements have been submitted to the City for review and approval.
Proposal: The proposed amended Development Agreement amends the previously approved
2004 Development Agreement to clarify certain issues and to bring certain dates into confonnance
with other approval dates. The amended Development Agreement sets forth the following main
prOVISIOns:
· Adds a definition for "operator," "hotel operator" or "single hotel operator" to indicate who
is responsible for the daily operation of the hotel, provision of hotel services and the
maintenance of the hotel amenities and hotel units. (Section 1.01)
· Amends the scope of the project to account for projected vacancy rates and enable the hotel
unit owners greater flexibility to use the hotel units when the hotel units might otherwise
be vacant, leading to greater use of the hotel amenities and facilities. (Section 2.03 and
Section 2 of Exhibit F)
Staff Report - Community Development Board - January 17, 2006 - Case DV A2004-00002A
Page 2 of 4
~
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· Modifies the construction start date so that it is the same as the outside date for
commencement of construction under the vacating ordinances for Third Street and S.
Gulfview Boulevard. (Various Sections)
· Amends the terms and provisions for the operation of concessions on City property west of
S. Gulfview Boulevard, as part of the beach landing portion of the pedestrian overpass.
(Section 5.04, paragraph 7)
· Amends the City's obligation regarding the construction of South Gulfview Boulevard and
Beach Walk improvements based on the 100% drawings by Post Buckley. (Section 5.04,
paragraph 1)
· Amends the developer's obligation regarding the payment of the pro rata share of the costs
of the South Gulfview Boulevard and Beach Walk improvements. (Section 5.05, paragraph
5b)
· Provides for a public pedestrian access easement 10 feet in width within the northern-most
bay of the project from Coronado Drive to South Gulfview Boulevard.
The Community Development Board has been provided with the most recently negotiated
Development Agreement.
The City Council may enter into Development Agreements to encourage a stronger commitment
on comprehensive and capital facilities planning, 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.
SUMMARY AND RECOMMENDATION:
The Development Review Committee reviewed the application and supporting materials on
September 1,2005. The Planning Department recommends APPROVAL, and recommendation
to the City Council, of an amended Development Agreement between Crystal Beach Capital, LLC
(the property owner) and the City of Clearwater (previously approved DV A2004-00002 by City
Council on December 2, 2004) for the sites at 229 and 301 South Gulfview Boulevard and 230,
300 and 304 Coronado Drive, with the following bases:
Bases for Approval:
1. The amended Development Agreement is consistent with and furthers the goals, policies and
objectives of the Comprehensive Plan.
2. The amended Development Agreement complies with the standards and criteria of Section 4-
606.
3, The amended Development Agreement implements and formalizes the requirements for the
construction of site and off-site improvements under the related site plan proposal (FLD2004-
07052),
4. The amended Development Agreement is in compliance with Beach by Design.
Staff Report - Community Development Board - January 17, 2006 - Case DV A2004-00002A
Page 3 of 4
.
.
Prepared by: Planning Department Staff:
ATTACHMENTS:
Location Map
Aerial Map
Zoning Map
Existing Surrounding Uses Map
Application
S:IPlanning DepartmentlC D BIFLEX (FLD)\Pending caseslUp for the next CDBIGulfview S 301 Hyatt (1) DVA- 1.17.06 CDB-
WW\Gulfview S 301 Amended Dev. Agree. Staff Reportfor 1.17.06 CDB.doc
Staff Report - Community Development Board - January 17,2006 - Case DV A2004-00002A
Page 4 of 4
.
.
Resume
Wayne M. Wells, AICP
100 South Myrtle Avenue
Clearwater, FL 33756
727-562-4504
wavn e. w ells(Q),mvclearwater .co m
PROFESSIONAL EXPERIENCE
. Planner III
Planning Department, City of Clearwater, FL
November 2001 to Present
As part of the Development Review Division, prepared and presented staff reports for Flexible
Standard Development (staff-level cases), Flexible Development (public hearing cases) and Plats
before the Development Review Committee and the Community Development Board and
Development Agreements before the City Council; reviewed building permits for Code
conformance; prepared and/or assisted preparation of Code amendments; provided public
information (via telephone, mail, email, zoning counter or predevelopment meetings).
. Zoning Coordinator
Zoning Division, City of Pin ell as Park, FL
March 1989 to November 2001
Acting Zoning Director, Represented the Zoning Division on cases and issues before the City
Council, Community Redevelopment Agency, Planning and Zoning Commission, Board of
Adjustment and outside agencies; Prepared and presented staff reports for land use plan
amendments, rezoned, planned unit developments, conditional uses, variances and site plans;
reviewed final site plans and building permits for Code conformance; prepared and/or assisted
preparation of Code amendments; provided public information (via telephone, mail, zoning
counter or predevelopment meetings),
. Program Manager, Zoning Branch
Manatee County Department of Planning and Development
Bradenton, FL
June 1984 to March 1989
Trained and supervised three employees; Prepared and presented variances and appeals to the
Board of Zoning Appeals; Coordinated final site plan and building permit review for Code
conformance; Assisted in preparation of Code amendments; Provided public information (via
telephone, mail, zoning counter or predevelopment meetings). Interim Code Enforcement
Manager- Managed the Code Enforcement Section; supervised six employees; prosecuted cases
before the Code Enforcement Board; investigated and prepared cases of alleged violations of
land use and building codes, Planner II, Current Planning Section - Prepared and presented
staff reports for rezones, planned developments, special permits, plats and mobile home parks to
Planning Commission and Board of County Commissioners; reviewed final site plans and
building permits for Code enforcement; assisted in preparation of Code amendments; provided
public information (via telephone, mail, zoning counter or predevelopment meetings).
.
.
. Planner I
Alachua County Department of Planning and Development
Gainesville, FL
June 1980 to June 1984
Prepared and presented staff reports for rezones and special permits to Planning Commission and
Board of County Commissioners; reviewed site plans and plats for Code conformance; assisted
in preparation of Code amendments; provided public information (via telephone, mail, zoning
counter or predevelopment meetings). Intern - Compiled and coordinated the Alachua County
Information and Data Book; drafted ordinance revisions; general research.
. Graduate Assistant
University of Florida Department of Urban and Regional Planning
Gainesville, FL
1979 to 1981
Coordinated downtown study for Mayo, FL; coordinated graphics for Jefferson County
Comprehensive Plan.
. Planning Technician
Planning Division, City of St. Petersburg, FL
1977 to 1979
Prepared primarily graphics, for both publication and presentation; Division photographer for 1 Yz
years; worked on historic survey and report.
EDUCATION
Master of Arts in Urban and Regional Planning (Degree not conferred; course work completed,
thesis not completed), University of Florida, 1981
Bachelor of Design in Architecture, University of Florida, 1976
LICENSES & CERTIFICATES
American Institute of Certified Planners
American Planning Association, Suncoast Section
1m
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PREP ARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
,2005
TAMP 3S9167A3.9.916L9
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THIS FIRST AMENDMENT TO SECOND AND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT (the "Amendment") is made as of this
_ day of , 2005 (the "Effective Date"), by and between THE CITY OF
CLEAR WATER, FLORIDA, a Florida municipal corporation (the "City") and
CRYST AL BEACH CAPIT AL, L.L.c., a Florida limited liability company (the
"Developer") ,
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in
title, are parties to that certain Second Amended and Restated Development Agreement
as recorded in O.R. Book 13996, Page 2409, Public Records of Pin ell as 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, in consideration of the sum of $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Developer agree as follows:
1, Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
+-:2. Capitalized Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such terms in the Development Agreement.
J~ Definitions: Section 1.01 is hereby amended to add the following definition:
The term "ooerator." "hotel ooerator." or "single hotel ooerator" shall each mean the single
entity under whose name the Hotel is operated and who is resoonsible for the daily
QQeration of tb~ Hotellobby..J'mnt desk. Meeting Soace. ballrooms. hotel restaurants. and
all other oublic areas of the Proiect and who is solelv resoonsible for the provision of Hotel
services (e.g.. room service and concierge services) and maintenance and ooeration of all
Hotel amenities.
~4. Paragraphs 1. 2 and 4 of Section 2.03 of the Development Agreement-are
amended as follows and new subparagraphs 6. 7 and 8 are added to the end of Section 2.03:
2.03. Scope of the Project.
1. The Project shall only include public parking, private parking,
resort hotel, residential and retail uses and appropriate accessory
uses and shall be developed in substantial conformity with the
preliminary plans of development which are attached as Exhibit B.
The Project Site is a "Community Redevelopment District,"
pursuant to the Pinellas County Planning Council's Rules which
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authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - at least 400 spaces.
a-:b. Private parking -at least 350 spaces.
a-:c. Hotel:-+he IIotd ~;hall include no more than t\\'o hundred filly
(-~G}.I~tti+&.{which may he submitted to condominium o'vvnership),
10 Units (Rooms)1'he 110tel Sh~lll inclLldGJIQJJ!grgJhnn.l\vQ
hLlnclJ'c:~LJIJty L25())hQtelLlllils(WJ]jclllJliAYR9sl1blniHy(LJ~2C()l}S!9I1lj[lipm.
()\yrlGrship)(individually each a "Hotel Unit" and collectivelv the "Hotel
Units").
l:-;ll. Other Areas - The Hotel shall include a mmlmum of
twenty thousand (20,000) square feet of Meeting Space and other
amenities accessory to the Hotel, including, but not~ limited to restaurants,
bars, exercise and spa facilities, beach club, outdoor recreation space,
storage, back office and administration areas and other functional elements
relating to the Hotel, including not more than twenty five thousand
(25,000) square feet of retail/restaurant floor area. Of the hotel units, 209
are Hotel Unit Pool units, which shall be required to be submitted to a
rental program requiring that such anit be available for overnight hotel
guests on a transient basis for no fewer than 330 days in any calendar year,
subject to- force -flhl:jeure event:; making such rooms unavailable {Elf
occupancy a*1-5ubject funher to the ri~ht of the operator to remove ~;uch
ff}otns.-fH}rn..se'Fvice..asHe-BeS5aFy--tf)-asSUF€'~Gfl1itltooe-e-e4:.sHeh-'FOOfns---w'it+\
t+le-B~ftg--5-t-a-tttla-Ri of such operator. In order to assure the high quality
re~;ort exper-ien€-e--e-a+letJ for under this /\grccment, all such units, as well as
the units not representing bonus units, shaH be operated by a single hotel
operator who shall meet the requirements as to operating standards set
forth in Exhibit N of this /\greemenL In addition, the cabanas as shown
on the approved site development plan, will be accessorv facilities which
are not available for rental as overnight accommodation, contain no beds
orJ2h!Il-out sofas, will only be made available for use by hotel guests or
beach club members and when not rented to hotel guests, access to the
cabana will be prohibited bet\veen the hours of 1 a.m. and 6 a.m."
d, Residential Units - not more than 18 units.
2. Nothing shall preclude the Developer from developing or operating
all or a portion of the Project elements using any ownership format
permitted under Florida Statutes including individual ownership
formats in one or mor~ condominiums, provided that tfle
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requirements as to availability for transient occupancy and as
tethere is a single hotel operator set forth inas defined herein and
all Hotel Units are ooerated in comoliance with this Agreement.
4, NBtv;ithstunding any other provision of this Agreement, no
occupancy in excess of thirty (30) days per stay shall be permitted
in any hotel unit v,/hich is de\'eloped as a part of the Project. In
a44-ition, no hotel unit shall be used as a primary or pennanent
residence and each unit fl"om the Hotel Unit Pool shall be required
to be available to transient hotel guests all Hotel Units shall be
licensed as a oublic lodging facilitv in accordance with Florida
Statutes, Chapter 509. No Hotel Unit shall be occupied by the
owner or guest of the aoolicable Hotel Unit (the "Unit Owner") for
more than 30 consecutive days oer stay. When not occuoied bv the
Unit Owner, the aoolicable Hotel Unit shall be made available for
rental to the oublic for transient occuoancv as overnight
accommodations. Each Hotel Unit shall be made available to the
public overnight accommodations for no fewer than 305 davs in
anv calendar veal'. subject to force majeure events making such
rooms unavailable for occuoancy and subject to the right of the
hotel ooerator to remove such rooms from service as necessary for
maintenance. No Hotel Unit mav be used for any oumose other
than overnight accommodations as orovided bv the Land
Development Code. Individual Hotel Units shall not be reauired to
be made. available for rental to the oublic as a result ofJ{}rcG
11J..a,i.cllrc....9Ycn..t..s....ln~1};.iJJg....~v.(,:.b...rQ9m~tln~Y(li1.tl?19.....ll)r()(,:J.;J4mmf~YW)(l
sllhj9yttYXt])9It9tb9Xig.bl.QLJhc.lliili<LQQ9.mtQLJ21~cmQY9~Itfb
[l)PI]JS\vit blhePP9I'Jting.stal1dflr4pf....?n.ch.....ho te I 00 erator . Unit
Owner's may act on their own behalf to rent their respective Hotel
Units or may retain either the Develooer or a third Darty rental
agent to oroyide rental services.
uJJ4(,;rllJi~i\gIc<;m9nt,(lJL250 Hotel Units shall be maintained and
operated to the ooerating standards set forth in Exhibit N of this
Agreement.
7. Deve100er shall maintain a single front desk for the Hotel to
register everv Hotel Unit occupant. To assist the Citv to monitor
the Unit Owners' comoliance with the laws and regulations
aoolicable to such Hotel Units, the hotel ooerator will control
access to all of the Hotel Units and will. uoon the written reauest
of the Citv. no more than once oer veal'. orovide to the City a
reoort detailing the total number of nights each Hotel Unit was
occWied and the number of nights each Hotel Unit was occuoied
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bv the Unit Owner (or guest of the Unit Owner) and the number of
nights each Hotel Unit was occuoied bv a third oartv hotel guest.
8. All Hotel Units shall be required to be operated as described in this
Section 2.03. Prior to the issuance of a certificate of occupancy for
the resort Hotel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in
accordance with Exhibit F, limiting the use and operation of the
resort hotel unitsHotel Units and implementing this paragraph.
5. Section 3.01 paragraph 3 is amended as follows:
3.01. Land Development Regulations.
3. Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants to
Developer from the Hotel Unit Pool an additional two hundred nine (209)
hotel unitsHotel Units to the Project Site in accordance with applicable
law. The allocation of additional hotel units from the Hotel Unit Pool shall
expire and be of no further force and effect unless the Commencement
Date occurs on or before Murch 6,December 31, 2006.
6. Section 3.03 paragraph 2 is amended as follows:
3.03. Concurrency.
2. Reservation of Capacity. The City hereby agrees and acknowledges that as
of the Effective Date of this Agreement, the Project satisfies the
concurrency requirements of Florida law. The City agrees to reserve the
required capacity to serve the Project for the Developer and to maintain
such capacity untill\ilarch 6,December 31. 2006 and that such period shall
be automatically extended for an additional three (3) years if the
Developer commences construction by ]'vfurch 6.December 31. 2006. The
City recognizes and acknowledges that the Developer will rely upon such
reservation in proceeding with the Project.
7. Section 5.03 paragraph 2 is amended to read as follows:
2. Proiect Site. In the event the Developer fails to commence
construction by Murch (i,December 3 L 2006, at Developer's request the
City agrees to purchase the Project Site as described in Exhibit A at fair
market value, but in no event shall the purchase price exceed $6,000,000.
The fair market value shall be established by an appraisal process. The
appraiser shall be directed to establish the value of the property assuming
Third Street and South Gulfview Drive are not vacated and disregarding
the additional development rights (209 hotel units) provided in the
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Development Agreement. The appraisal of the Project Site shall reflect
the higher of: (i) the highest and best use of such property at the time of
appraisal, or (ii) the value of the Project Site with existing buildings and
existing sixty-five (65) hotel units in place at the time of execution of the
Development Agreement (i.e. as existing in 2002, before demolition, but
valued at the time of the appraisal in 2006). The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer. In the event that the two (2) appraisals are
within twenty percent (20%) of each other, the fair market value shall be
the average of the two (2) appraisals. In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers, including the
list submitted by the Developer, and the third appraiser shall select among
the two (2) appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the property.
8. Section 5.04, paragraph 7 is amended as follows:
7. Concessions. The City shall grant the Developer authority to
operate concessions on land to the west of the existing centerline of South
Gulfview Drive, adjacent to the Project site, subject to any existing
franchise or concession rights and compliance with all requirements of the
City Code, and subject to a long tenn license agreement to be approved by
the City, substantially in the form as Exhibit K. The license agreement
shall be for a term of 50 years, commencing on the date the facilities are
available for use, and be subject to a right of termination by the City for an
uncured breach of a material obligation by the Developer. Such
concessions may include a facility open to the public which provides
towels, lockers, minimal beach sundries, and other beach gear required to
operate a first-class beach hotel, but not including benches, lounges,
umbrellas and side tables. The concession facility shall be no more than
1.200 SQuare feet. MOL. be no higher than one storv and shall not disolav
the name Hvatt or any other hotel-related mark on the structure of the
facility. Additionally. the oersons working within the facilitv shall wear no
pins or other identification bearing the name Hyatt or any other hotel-
related mark. Such facilities shall be built into the beach landing portion
of the pedestrian overpass, as more particularly depicted on Exhibit H.
Notwithstanding the foregoing, in regard to beach chairs, lounges,
umbrellas, side tables and the level of services associated with the
provision thereof ("Beach Concessions"), the City shall retain the right to
utilize a concessionaire to provide said Beach Concessions. The City
agrees that the City concessionaire shall offer the Beach Concessions
which comply with the standards set out on Exhibit L, attached hereto and
made a part hereof. If the City's franchisee fails to comply with the
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standards in Exhibit L Developer may send written notice to the City
specifying the non-compliance, after which the City has thirty (30) days to
cure said non-compliance. In the event that the non-compliance is not
cured within thirty (30) days, the City agrees that the Developer may
thereafter provide the Beach Concessions and shall retain all income
derived therefrom. If the Developer assumes control of the Beach
Concessions. Developer shall have a five vear term to operate the Beach
Concessions. subiect to the orovisions hereinbelow. The Beach
Concessions mav be located onlv on that portion of the beach directly west
of the Project Site and as defined by two parallel lines runnin2: from the
northern-most boundary of the proiect and the southern-most boundary of
the oroiect west to the mean high water mark.. Further. there shall be no
indication or branding on chairs. tables. umbrellas or other similar items
sold or rented from the concession facilitv bearing the name Hyatt or anv
other hotel-related mark. If the Developer assumes control of the Beach
Concessions, and the City receives documented complaints that the Beach
Concessions are being denied to non-hotel guests, or if Developer fails to
comply with the standards set out in Exhibit L, the City may send written
notice to Developer specifying the non-compliance. In the event that the
non-compliance is not cured within thirty (30) days, the City may take
back the Beach Concessions.
9. Section 5.04 paragraph 1 is amended as follows:
5.04. City's Obligations.
1 South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of the
South Gulfview and Beach Walk Improvements. The City further agrees
to complete construction in accordance with the schedule attached hereto
as ExhibitM. The City's utilization of the construction schedule in Exhibit
l\1 is dependent upon payment byof that oortion of South Gulfview and
Beach Walk Improvements abutting the Proiect defined as Phase I and
Phase II in the Mav 2. 2005 Post Bucklev 100% Drawings for Beachwalk
by no later than issuance of the Certificate of Occuoancv for the Proiect
contingent on pavment by Developer of Developer's Pro Rata Share
(defined herein) and the Accelerated Construction Payment (defined
herein) to the City prior to the City awarding the construction bid. The
Citv a2:rees that issuance of the Certificate of Occupancv shall not be
unreasonablv withheld, conditioned or delayed.
10. Section 5.05 paragraph 5 is amended as follows:
5.05. Obligations of the Developer.
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5, Cost of South Gulfview and Beach Walk.
a, The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair share
of the South Gulfview and Beach Walk Improvements as described
in subsection (b) below,
b. The Developer shall be responsible for a pro rata share of the cost
of the South Gulfview and Beach Walk Improvements, which shall
be equal to the net cost of the South Gulfview and Beach Walk
Improvements multiplied by a fraction in which the front footage
of the Project Site is the numerator and the total frontage along
South Gulfview and Beach Walk Improvements is the
denominator.
SPR = (F PROJ/F SGBW) x (CSGBW)
SPR
FpRoJ
F SGBW
Pro Rata Share
Frontage of Project Site
= Total Frontage along South Gulfview and
Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
The City has determined that the Developer's pro rata share is One
Million One Hundred Ninety Thousand Dollars ($1,190,000.00)
("Developer's Pro Rata Share"). In addition, Developer agrees to
pay the City an additional Two Hundred Eighty Thousand Dollars
($280,000.00) in exchange for the City's agreement to utilize the
specific construction schedule attuched hereto as Exhibit
Mcomplete construction of that oortion of the South Gulfview and
Beach Walk Imorovements orior to the issuance of the Certificate
of Occuoancy for the Proiect ("Accelerated Construction
Payment"). The City's utilization of the construction schedule in
Exhibit Mobligation is dependent upon payment of Developer's
Pro Rata Share and the Acceleration Construction Payment to the
City prior to the City awarding the construction bid. The City
agrees to utilize best efforts to meet the construction schedale
specified in Exhibit M recognizing that time is of the essence.
complete construction of that oortion of the South Gulfview and
Beach Walk Imorovements orior to the issuance of the Certificate
of Occupancy for the Proiect. The City agrees to give Develooer
not less than 5 days orior written notice of the date the
Acceleration Construction Payment shall be due and payable
hereunder. If Developer's Pro Rata Share and Accelerated
Construction Payments are not made by April 1, 2005, the amount
Page 8
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due will be increased each month by the Construction Cost Index
as published monthly by the U.S. Dept. of Commerce. Such pro
rata share shall be paid prior to issuance of the foundation permit
for the proj ect.
c, In the event that any property which fronts on the South Gulfyiew
and Beach Walk Improvements is proposed for redevelopment
using the pool of additional resort units established pursuant to
Beach by Design, the developer of such property shall be required
to pay to the City a pro rata share of the cost of the South
Gulfview and Beach Walk Improvements as a condition of
development approval.
11. Section 5.05 paragraph 9 is amended as follows:
9. Commencement of Construction. The Developer shall commence
construction of the Project by Murch,December 3 L 2006, and shall
thereafter diligently pursue completion of the Project.
12. Section 7.02f+)- paragraph 1 is amended as follows:
7.02. Construction.
1. Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence construction by
t""1urchDecember 31 2006 in accordance with Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of that part of
the Project as authorized by the Building Permit therefor which is
continued and diligently prosecuted toward completion of that part
of the Project.
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Garage Access
Improvements, shall be subject to delays and extensions from time
to time for Unavoidable Delay (see Article 15). The Developer
shall not be deemed to be in default of this Agreement to the extent
construction of the Project, or a part thereof, is not complete by
reason of Unavoidable Delay.
13. Exhibit F. Sections 2 of Exhibit F to the Agreement are deleted in their
entirety and replaced with the following:
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2.1.1 The Botc! Units shall be restricted as follows;/\ minimum of
t\'.'o hundred and nine (209) units, which is the number of hotel
unit:; allocated to DEVELOPER, shall be used solely for transient
occupancy of thiny (30) clay:; or less, mllst be licen:;ed as Ll public
lodging establishment and classified as a hotel, and must be
operated by a single licensed operator of the hotel. No hotel unit
shall be used (1:; a primary or penn(1nent residence..
k No Hotel Unit shall be occuoied bv the Unit Owner
QUlill' Qther occuoant for more than 30 consecutive davs
per stay. When such Hotel Units are not being occuoied bv
their respective owners. the Hotels Units shall be made
available to the public for rental as overnight
accommodations as defined in the Clearwater Community
Development Code, The Hotel Units shall be made
available to the oublic for rental as overnight
accommodations for no fewer than 305 davs m anv
calendar year.
tell. All Hotel Units shallhyli<;~ns(,;(I;J~;Lpql)licJQdging
facility in accordance with Florida Statutes. Chaoter 509.
HI!. All Hotel Units shall be maintained and ooerated to
the ooerating standards (the "Ooerating Standards") set
forth in Exhibit N of that certain Second Amended and
Restated Deyelooment Agreement as recorded in O.R.
Book 13996, Page 2409. Public Records of Pinellas
Countv. Florida (the "Develooment Agreement"). Owners
of the Hotel Units mav act on their own behalf to rent their
resoectiye units or mav retain either the Develooer or a
third oarty rental agent to orovide rental services. however.
in such event the owners of the Hotel Units shall be
resoonsible for comoliance with the Ooerating Standards
and the terms and conditions of the Develooment
Agreement. as amended. including. but not limited to.
Exhibits E, F and N. Uoon request of the Citv. the Hotel
Unit owner shall be reauired to orovide. at the owners
exoense. indeoendel~t certification by a mutuallv agreed
upon Hotel Inspector. of the Hotel Unit's comoliance with
the Operating Stanclar_cls and the tenns and conditions of the
Develooment Agreement, as amended. including. but not
limited to. Exhibits E, F and N. In addition to remedies
available bv law. the Citv shall have the right to orohibit
use of and access to anv unit that is not ooerated to the
Operating Standards until such time as the owner of such
Page 10
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unit demonstrates to the reasonable satisfaction of the Citv
that unit is in comoliance with this section.
LL1 All other hotel units shall be licensed as u public lodging
establishment, classified as a hotel or resort condominium with
occupancy limited to st<iYS of thirty (30) days or less. No hotel unit
shall be used as a primary or permanent residence.
2.1.2 The Other Areas of the HoteL including the front desk.
shall be 912erated bv asingle, licensed operator of the Hotel.
2.1.3 No Hotel Units shall be used as other than overnight
accommodations as orovided in the Land Develooment Code. nor
shall any Hotel Unit be used as a orimarv or oelmanent residence.
2.1.4 As used herein, the terms "transient occupancy,"~ "public
lodging establishment,"~ "hotel", "resort condominimum, and
"operator" shall have the meaning given to such terms in Chapter
509, Pati I, Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel
developed on the Real Property shall be closed as soon as
practicable upon the issuance of a hurricane watch by the National
Hurricane Center, which hurricane watch includes Clearwater
Beach, and all Hetelunits owners and their guests and invitees and
all hotel guests, visitors and employees~ other than emergency and
security personnel required to protect the resort Hotel (as
designated J2y the Developer and/or its hotel ooerator) shall be
evacuated from the Hotel as soon as practicable following the
issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the terminology employed to warn
of the approach of hurricane force winds, the closure and
evacuation provisions of this Declaration shall be governed by the
level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in
order to ensure that theinsure that all units owners and their guests
and invitees and all hotel guests, visitors and employees will be
evacuated in advance of the issuance of a forecast of probable
landfall.
14.Q:m~.truction of South (julfview Curb Cuts.LP/.~Ml&~PIfItlJSJ~SIJJ,.l-
~.~~~51LfLc~J~lL.~nIINKS_\YEC~~NDELETEl The i)arties acknowl~ that -'1
fH~iflEQi1DfL~~..12~lYi5!~Jl.~J:>lilll~LflliiL..~Qjj,~!ltiQnsJQLJhePIQieCLj1ndJhemPQst
aU~~l?ltlP~J()rtl1~9.QP~Jgl~ti9l'lQr~l)tl~hY~.<tlJ~,,~'Hl1rt3gftg~t.9t.h~ftE:l~igl'l,9.9.p~t.rllgt.ig~?
ill).gJ1lili;",e.~JJQLcmbcJJJsJQIJJle~~LillS11}~ So uth Gul fview Bou 1 eyard ..A.cc.orIDngly"
thpPflJ1jS?~ijl~J~J.19.}ylgQggfljJgj\grg'2Jhl.ltthS?eJtl1lli.ill)JLS1?~fit.killiilll~.fQLlh51.J1:9jS~fU'.il1
Page 11
TAMP 3%t&7.t3.99J.6L.9
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~I~mJb5Lllii,~g)})9Ql1~~iQJLiillfL121acemenlofJheJ::urbculsfoLJheProjecLonSQuth
Glili~,'iew Boule"'~uJ1
14. Easement. . Developer shall provide a oublic pedestrian access easement 10
feet wide within the northern-most bay of the Proiect extending from Coronado to Gulf
View Boulevard. Such easement shall include: a horizontal oole or gate at the east end of
the easement which is long enough to restrict oublic vehicular traffic unless lifted as
necessary. but not so long as to overlv imoede oublic oedestrian traffic: aoorooriate signage
indicating that the area pennits oubEc oedestrian access: and aoorooriate lighting for oublic
oedestrian traffic. The easement shall remain in olace until Second Street is ooen. The
access easement shall not be used for general oublic vehicular through traffic. but will be
used by vehicular traffic direct Iv associated with the oroiect.
SIGNATURE PAGES TO FOLLOW
TAMP 399167A399167 9
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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 , 2005 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 13
TAMP 3S9i67,i3.ilill61...9
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Signed, sealed and delivered
in the presence of:
CRYST AL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT COMP ANY,
L.L.c., its sole manager
(Witness Signature)
Print Name:
Neil J. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of , 2005, by
Neil 1. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal
Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select
one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
TAMP 399167,13991679
TAMP 3991671399167 9
005.382551.1 -
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EXHIBIT 1
2
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Location Map
Owner:
Crystal Beach Capital, LLC
Case:
DV A2004-00002A
Site:
229 and 301 South Gulfview Boulevard Property
230,300 and 304 Coronado Drive Size(Acres):
1.63
07/29/15/52380/000/0570
PIN: 07/29/15/52380/000/0580
07/29/15/52380/000/1050
Atlas Page: 276A
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Crystal Beach Capital, LLC.
I Case:
DV A2004-00002A
229 and 301 South Gulfview Boulevard Property
230,300 and 304 Coronado Drive Size(Acres):
1.63
07/29/15/52380/000/0570
PIN: 07/29/15/52380/000/0580
07/29/15/52380/000/1050
I Atlas Page: 276A
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Zoning Map
Crystal Beach Capital, LLC
229 and 301 South Gulfview Boulevard
230, 300 and 304 Coronado Drive
Case:
Property
Size (Acres) :
251
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DV A2004-QOO02A
1.63
PIN:
07/29/15/52380/000/0570
07/29/15/52380/000/0580
07/29/15/52380/000/1050
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Existing Surrounding Uses Map
Owner: Crystal Beach Capital, LLC Case: DV A2004-00002A
Site: 229 and 301 South Gulfview Boulevard Property 1.63
230, 300 and 304 Coronado Drive Size (Acres) :
07/29/15/52380/000/0570
Best Copy PIN: 07/29/15/52380/000/0580
07/29/15/52380/000/1050
Availab?~:'l A tlas Page: 276A
.
View looking southeast from S. Gulfview Blvd. at
subject property
View lookjng northwest from Coronado Dr. at subject
property
.
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View looking northeast from S. Gulfview Blvd. at
subject property
View looking northeast from S. Gulfview Blvd. at
existing development north of subject property
229 and 301 South Gulfview Boulevard and 230, 300
and 304 Coronado Drive
DV A2004-00002A
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Page 1 of2
.
View looking southeast from S. Gulfview Blvd. at
property south of subject property
- ,
View looking northeast at existing development east
of Coronado Dr. and the subject property
.
View looking southwest from Coronado Dr. at
property south of subject property
- ----l
View looking southeast at existing development east
of Coronado Dr. and the subject property
229 and 301 South Gulfview Boulevard and 230, 300
and 304 Coronado Drive
DV A2004-00002A
Page 2 of2
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Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Wells, Wayne
Tuesday, January 17, 20064:42 PM
Castelli, Joelle Wiley
Delk, Michael; Clayton, Gina; Thompson, Neil
St. Pete Times Aaron Sharockman
Late this afternoon I spoke to Aaron regarding the Amended Hyatt Development Agreement. His primary question was to
clarify the change in the amount of time condo hotel unit owners may occupy their unit (from a maximum of 30 days to a
maximum of 60 days, with a maximum length of stay of 30 consecutive days).
1
.
.
------l
Page 1 of 1
Wells, Wayne
From: Wells, Wayne
Sent: Monday, January 16, 2006 3:46 PM
To: 'Nick Fri'
Cc: Akin, Pam; Delk, Michael; Clayton, Gina; Thompson, Neil; Dougall-Sides, Leslie
Subject: RE: 229 & 310 Gulfview
Nick -
The Development Agreement provides that owner's stay cannot be greater than 30 consecutive days and that the
unit must be available for rental to the public for no fewer than 305 days. Doing the math, the unit owner can
utilize his unit a total maximum of 60 days in a year, but for only a maximum of 30 consecutive days at a time (i.e.:
the owner may stay for a maximum of 30 consecutive days, then he must vacate for at least one day, then he
may stay an additional maximum of 30 consecutive days).
Wayne
-----Original Message-----
From: Nick Fri [mailto:natbeach@tampabay.rr.com]
Sent: Sunday, January 15, 2006 4:57 PM
To: Wells, Wayne
Subject: 229 & 310 Gulfview
If the owner is restricted to 30 days use and the OA available for a min, of 305; what is the use of the
remaining 30 days?
Thanks, Nick
1/16/2006
.
Wells, Wayne
From:
Sent:
To:
Subject:
Dewitt, Gina
Friday, January 13, 2006 4: 12 PM
Wells, Wayne; Clayton, Gina; Delk, Michael
Clean amendment
~
00005170.doc
1
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PREP ARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
,2005
DATED AS
C I t.A#\f.J ",
f)(J.{.I. . S-
J ./-S. 0 (,
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
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THIS FIRST AMENDMENT TO SECOND AND AMENDED AND
REST A TED DEVELOPMENT AGREEMENT (the "Amendment") is made as of this
_ day of , 2005 (the "Effective Date"), by and between THE CITY OF
CLEARW ATER, FLORIDA, a Florida municipal corporation (the "City") and
CRYST AL BEACH CAPIT AL, L.L.C., a Florida limited liability company (the
"Developer").
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in
title, are parties to that certain Second Amended and Restated Development Agreement
as recorded in O.R. Book 13996, Page 2409, Public Records of Pinellas County, Florida
(the "Development Agreement"); and
WHEREAS, to insure and execute the City's goals of revitalizing Clearwater
Beach in accordance with Beach By Design, the City has imposed certain restrictions
upon the Developer and individual Unit Owners as detailed in the Development
Agreement and the exhibits attached thereto; 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, in consideration of the sum of $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Developer agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
2. Capitalized Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such terms in the Development Agreement.
3. Definitions: Section 1.01 is hereby amended to add the following definition:
The term "operator," "hotel operator," or "single hotel operator" shall each mean the single
entity under whose name the Hotel is operated and who is responsible for the daily
operation of the Hotel lobby, front desk, Meeting Space, ballrooms, hotel restaurants, and
all other public areas of the Project and who is solely responsible for the provision of Hotel
services (e.g., room service and concierge services) and maintenance and operation of all
Hotel amenities.
4. Paragraphs 1, 2 and 4 of Section 2.03 of the Development Agreement are
amended as follows and new subparagraphs 6,7 and 8 are added to the end of Section 2.03:
2.03. Scope of the Project.
Page 2
First Amendment to Crystal Be!,!ch Capital LLC Development Agreement 1-13-06
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1, The Project shall only include public parking, private parking,
resort hotel, residential and retail uses and appropriate accessory
uses and shall be developed in substantial conformity with the
preliminary plans of development which are attached as Exhibit B.
The Project Site is a "Community Redevelopment District,"
pursuant to the Pinellas County Planning Council's Rules which
authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - at least 400 spaces.
b. Private parking -at least 350 spaces.
c. Hotel:
i. Units (Rooms) - The Hotel shall include no more than two
hundred fifty (250) hotel units (which may be submitted to condominium
ownership )(individually each a "Hotel Unit" and collectively the "Hotel
Units").
ii. Other Areas - The Hotel shall include a mmlmum of
twenty thousand (20,000) square feet of Meeting Space and other
amenities accessory to the Hotel, including, but not limited to restaurants,
bars, exercise and spa facilities, beach club, outdoor recreation space,
storage, back office and administration areas and other functional elements
relating to the Hotel, including not more than twenty five thousand
(25,000) square feet of retail/restaurant floor area. In addition, the cabanas
as shown on the approved site development plan, will be accessory
facilities which are not available for rental as overnight accommodation,
contain no beds or pull-out sofas, will only be made available for use by
hotel guests or beach club members and when not rented to hotel guests,
access to the cabana will be prohibited between the hours of 1 a.m. and 6
a.m.
d, Residential Units - not more than 18 units.
2. Nothing shall preclude the Developer from developing or operating
all or a portion of the Project elements using any ownership format
permitted under Florida Statutes including individual ownership
formats in one or more condominiums, provided that there is a
single hotel operator as defined herein and all Hotel Units are
operated in compliance with this Agreement.
4. All Hotel Units shall be licensed as a public lodging facility in
accordance with Florida Statutes, Chapter 509. No Hotel Unit
Page 3
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
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shall be occupied by the owner or guest of the applicable Hotel
Unit (the "Unit Owner") for more than 30 consecutive days per
stay. When not occupied by the Unit Owner, the applicable Hotel
Unit shall be made available for rental to the public for transient
occupancy as overnight accommodations. Each Hotel Unit shall
be made available to the public overnight accommodations for no
fewer than 305 days in any calendar year, subject to force majeure
events making such rooms unavailable for occupancy and subject
to the right of the hotel operator to remove such rooms from
service as necessary for maintenance. No Hotel Unit may be used
for any purpose other than overnight accommodations as provided
by the Land Development Code, Individual Hotel Units shall not
be required to be made available for rental to the public as a result
of force majeure events making such rooms unavailable for
occupancy and subject further to the right of the hotel operator to
remove such rooms from service as necessary to assure compliance
of such rooms with the operating standard of such hotel operator.
Unit Owners may act on their own behalf to rent their respective
Hotel Units or may retain either the Developer or a third party
rental agent to provide rental services.
6. In order to assure the high quality resort experience called for
under this Agreement, all 250 Hotel Units shall be maintained and
operated to the operating standards set forth in Exhibit N of this
Agreement.
7, Developer shall maintain a single front desk for the Hotel to
register every Hotel Unit occupant. To assist the City to monitor
the Unit Owners' compliance with the laws and regulations
applicable to such Hotel Units, the hotel operator will control
access to all of the Hotel Units and will, upon the written request
of the City, no more than once per year, provide to the City a
report detailing the total number of nights each Hotel Unit was
occupied and the number of nights each Hotel Unit was occupied
by the Unit Owner (or guest of the Unit Owner) and the number of
nights each Hotel Unit was occupied by a third party hotel guest.
8. All Hotel Units shall be required to be operated as described in this
Section 2.03. Prior to the issuance of a certificate of occupancy for
the resort Hotel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in
accordance with Exhibit F, limiting the use and operation of the
Hotel Units and implementing this paragraph.
5. Section 3.01 paragraph 3 is amended as follows:
Page 4
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
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3.01. Land Development Regulations.
3, Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants to
Developer from the Hotel Unit Pool an additional two hundred nine (209)
Hotel Units to the Project Site in accordance with applicable law. The
allocation of additional hotel units from the Hotel Unit Pool shall expire
and be of no further force and effect unless the Commencement Date
occurs on or before December 31, 2006.
6. Section 3.03 paragraph 2 is amended as follows:
3.03. Concurrency.
2. Reservation of Capacity. The City hereby agrees and acknowledges that as
of the Effective Date of this Agreement, the Project satisfies the
concurrency requirements of Florida law. The City agrees to reserve the
required capacity to serve the Project for the Developer and to maintain
such capacity until December 31, 2006 and that such period shall be
automatically extended for an additional three (3) years if the Developer
commences construction by December 31, 2006. The City recognizes and
acknowledges that the Developer will rely upon such reservation in
proceeding with the Project.
7. Section 5.03 paragraph 2 is amended to read as follows:
2. Proiect Site. In the event the Developer fails to commence
construction by December 31, 2006, at Developer's request the City
agrees to purchase the Project Site as described in Exhibit A at fair market
value, but in no event shall the purchase price exceed $6,000,000. The
fair market value shall be established by an appraisal process, The
appraiser shall be directed to establish the value of the property assuming
Third Street and South Gulfview Drive are not vacated and disregarding
the additional development rights (209 hotel units) provided in the
Development Agreement. The appraisal of the Project Site shall reflect
the higher of: (i) the highest and best use of such property at the time of
appraisal, or (ii) the value of the Project Site with existing buildings and
existing sixty-five (65) hotel units in place at the time of execution of the
Development Agreement (i.e. as existing in 2002, before demolition, but
valued at the time of the appraisal in 2006). The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer. In the event that the two (2) appraisals are
within twenty percent (20%) of each other, the fair market value shall be
the average of the two (2) appraisals. In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
Page 5
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
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appraiser from the City's master list of qualified appraisers, including the
list submitted by the Developer, and the third appraiser shall select among
the two (2) appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the property.
8. Section 5.04, paragraph 7 is amended as follows:
Concessions. The City shall grant the Developer authority to operate
concessions on land to the west of the existing centerline of South
Gulfview Drive, adjacent to the Project site, subject to any existing
franchise or concession rights and compliance with all requirements of the
City Code, and subject to a license agreement to be approved by the City,
substantially in the form as Exhibit K. The license agreement shall be for
a term of 50 years, commencing on the date the facilities are available for
use, and be subject to a right of termination by the City for an uncured
breach of a material obligation by the Developer. Such concessions may
include a facility open to the public which provides towels, lockers,
minimal beach sundries, and other beach gear required to operate a first-
class beach hotel, but not including benches, lounges, umbrellas and side
tables. The concession facility shall be no more than 1,200 square feet,
MOL, be no higher than one story and shall not display the name Hyatt or
any other hotel-related mark on the structure of the facility. Additionally,
the persons working within the facility shall wear no pins or other
identification bearing the name Hyatt or any other hotel-related mark.
Such facilities shall be built into the beach landing portion of the
pedestrian overpass, as more particularly depicted on Exhibit H.
Notwithstanding the foregoing, in regard to beach chairs, lounges,
umbrellas, side tables and the level of services associated with the
provision thereof ("Beach Concessions"), the City shall retain the right to
utilize a concessionaire to provide said Beach Concessions. The City
agrees that the City concessionaire shall offer the Beach Concessions
which comply with the standards set out on Exhibit L, attached hereto and
made a part hereof. If the City's franchisee fails to comply with the
standards in Exhibit L Developer may send written notice to the City
specifying the non-compliance, after which the City has thirty (30) days to
cure said non-compliance, In the event that the non-compliance is not
cured within thirty (30) days, the City agrees that the Developer may
thereafter provide the Beach Concessions and shall retain all income
derived therefrom. If the Developer assumes control of the Beach
Concessions, Developer shall have a five year term to operate the Beach
Concessions, subject to the provisions herein below. The Beach
Concessions may be located only on that portion of the beach directly west
of the Project Site and as defined by two parallel lines running from the
northern-most boundary of the project and the southern-most boundary of
the project west to the mean high water mark. Further, there shall be no
Page 6
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
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indication or branding on chairs, tables, umbrellas or other similar items
sold or rented from the concession facility bearing the name Hyatt or any
other hotel-related mark. If the Developer assumes control of the Beach
Concessions, and the City receives documented complaints that the Beach
Concessions are being denied to non-hotel guests, or if Developer fails to
comply with the standards set out in Exhibit L, the City may send written
notice to Developer specifying the non-compliance. In the event that the
non-compliance is not cured within thirty (30) days, the City may take
back the Beach Concessions.
9. Section 5.04 paragraph 1 is amended as follows:
5.04. City's Obligations.
1 South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of the
South Gulfview and Beach Walk Improvements. The City further agrees
to make reasonable efforts to complete construction of that portion of
South Gulfview and Beach Walk Improvements abutting the Project
defined as Phase I and Phase II in the May 2, 2005 Post Buckley 100%
Drawings for Beachwalk prior to the issuance of the Certificate of
Occupancy for the Project contingent on payment by Developer of
Developer's Pro Rata Share (defined herein) and the Accelerated
Construction Payment (defined herein) to the City prior to the City
awarding the construction bid. The City and the Developer recognize that
staging and site access issues will have a substantial impact on the Beach
Walk construction schedule. Further, construction of the Beach Walk
Improvements as shown in the May 2, 2005 Post Buckley 100% Drawings
for Beachwalk is contingent upon the availability of the Relocated First
Street (a/kla Second Street). The City agrees that issuance of the
Certificate of Occupancy shall not be unreasonably withheld, conditioned
or delayed.
10. Section 5.05 paragraph 5 is amended as follows:
5.05. Obligations of the Developer.
5, Cost of South Gu1fview and Beach Walk.
a. The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair share
of the South Gulfview and Beach Walk Improvements as described
in subsection (b) below.
Page 7
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
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b. The Developer shall be responsible for a pro rata share of the cost
of the South Gulfview and Beach Walk Improvements, which shall
be equal to the net cost of the South Gulfview and Beach Walk
Improvements multiplied by a fraction in which the front footage
of the Proj ect Site is the numerator and the total frontage along
South Gulfview and Beach Walk Improvements is the
denominator.
SPR = (F PROJ/F SGBW) x (CSGBW)
SPR
F PROJ
FsGBW
Pro Rata Share
Frontage of Project Site
Total Frontage along South Gulfview and
Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
The City has determined that the Developer's pro rata share is One
Million One Hundred Ninety Thousand Dollars ($1,190,000.00)
("Developer's Pro Rata Share"). In addition, Developer agrees to
pay the City an additional Two Hundred Eighty Thousand Dollars
($280,000.00) for redesign of the Beach Walk Improvements to
accommodate the Project (Redesign Payment). If Developer's Pro
Rata Share and Redesign Payments are not made by Apri11, 2005,
the amount due will be increased each month by the Construction
Cost Index as published monthly by the U.S. Dept. of Commerce.
Such pro rata share shall be paid prior to issuance of the
foundation permit for the project.
c. In the event that any property which fronts on the South Gulfview
and Beach Walk Improvements is proposed for redevelopment
using the pool of additional resort units established pursuant to
Beach by Design, the developer of such property shall be required
to pay to the City a pro rata share of the cost of the South
Gulfview and Beach Walk Improvements as a condition of
development approval.
11. Section 5.05 paragraph 9 is amended as follows:
9, Commencement of Construction. The Developer shall commence
construction of the Project by December 31, 2006, and shall thereafter
diligently pursue completion of the Project.
12. Section 7.02. paragraph 1 is amended as follows:
7.02. Construction.
Page 8
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
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1, Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence construction by
December 31,2006 in accordance with Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of that part of
the Project as authorized by the Building Permit therefor which is
continued and diligently prosecuted toward completion of that part
of the Project.
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Garage Access
Improvements, shall be subject to delays and extensions from time
to time for Unavoidable Delay (see Article 15). The Developer
shall not be deemed to be in default of this Agreement to the extent
construction of the Project, or a part thereof, is not complete by
reason of Unavoidable Delay.
13, Exhibit F, Sections 2 of Exhibit F to the Agreement are deleted in their
entirety and replaced with the following:
2.1.1 The Hotel Units shall be restricted as follows:
i. No Hotel Unit shall be occupied by the Unit Owner
or any other occupant for more than 30 consecutive days
per stay. When such Hotel Units are not being occupied by
their respective owners, the Hotels Units shall be made
available to the public for rental as overnight
accommodations as defined in the Clearwater Community
Development Code, The Hotel Units shall be made
available to the public for rental as overnight
accommodations for no fewer than 305 days in any
calendar year.
ii. All Hotel Units shall be licensed as a public lodging
facility in accordance with Florida Statutes, Chapter 509.
111. All Hotel Units shall be maintained and operated to
the operating standards (the "Operating Standards") set
forth in Exhibit N of that certain Second Amended and
Restated Development Agreement as recorded in O.R.
Book 13996, Page 2409, Public Records of Pinellas
County, Florida (the "Development Agreement"). Owners
Page 9
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
.
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of the Hotel Units may act on their own behalf to rent their
respective units or may retain either the Developer or a
third party rental agent to provide rental services, however,
in such event the owners of the Hotel Units shall be
responsible for compliance with the Operating Standards
and the terms and conditions of the Development
Agreement, as amended, including, but not limited to,
Exhibits E, F and N. Upon request of the City, such Hotel
Unit owner (other than those Unit Owners whose Hotel
Unit is managed by the hotel operator for the Hotel) shall
be required to provide, at the owners expense, independent
certification by a mutually agreed upon Hotel Inspector, of
the Hotel Unit's compliance with the Operating Standards
and the terms and conditions of the Development
Agreement, as amended, including, but not limited to,
Exhibits E, F and N. In addition to remedies available by
law, the City shall have the right to prohibit use of and
access to any unit that is not operated to the Operating
Standards until such time as the owner of such unit
demonstrates to the reasonable satisfaction of the City that
unit is in compliance with this section.
2.1.2 The Other Areas of the Hotel, including the front desk,
shall be operated by a single, licensed operator of the Hotel.
2.1.3 No Hotel Units shall be used as other than overnight
accommodations as provided in the Land Development Code, nor
shall any Hotel Unit be used as a primary or permanent residence.
2.1.4 As used herein, the terms "transient occupancy," "public
lodging establishment," "hotel," "resort condominimum," and
"operator" shall have the meaning given to such terms in Chapter
509, Part T, Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel
developed on the Real Property shall be closed as soon as
practicable upon the issuance of a hurricane watch by the National
Hurricane Center, which hurricane watch includes Clearwater
Beach, and all unit owners and their guests and invitees and all
hotel guests, visitors and employees, other than emergency and
security personnel required to protect the resort Hotel (as
designated by the Developer and/or its hotel operator) shall be
evacuated from the Hotel as soon as practicable following the
issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the terminology employed to warn
Page 10
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
.
e
of the approach of hurricane force winds, the closure and
evacuation provisions of this Declaration shall be governed by the
level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in
order to insure that all units owners and their guests and invitees
and all hotel guests, visitors and employees will be evacuated in
advance of the issuance of a forecast of probable landfall.
14. Easement. Developer shall provide a public pedestrian access easement
10 feet wide within the northern-most bay of the Project extending from Coronado to
Gulf View Boulevard. Such easement shall include: a horizontal pole or gate at the east
end of the easement which is long enough to restrict public vehicular traffic unless lifted
as necessary, but not so long as to overly impede public pedestrian traffic; appropriate
signage indicating that the area permits public pedestrian access; and appropriate lighting
for public pedestrian traffic. The easement shall remain in place until Second Street is
open. The access easement shall not be used for general public vehicular through traffic,
but will be used by vehicular traffic directly associated with the project.
SIGNATURE PAGES TO FOLLOW
Page 11
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
.
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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 ofthis 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 12
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
.
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Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT COMP ANY,
L.L.C., its sole manager
(Witness Signature)
Print Name:
Neil J. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF HILLS BOROUGH
The foregoing instrument was acknowledged before me this _ day of , 2006, by
Neil J. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal
Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select
one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
First Amendment to Crystal Beach Capital LLC Development Agreement 1-13-06
.
.
Document comparison done by DeltaView on Wednesday, November 30, 2005
8:21 :24 PM
Input:
Document 1
Document 2
Renderin set
iMana eDeskSite://t adms1/TAMP/399167/1
iMana eDeskSite://tpadms1/T AMP/399167/9
Standard
Legend:
Insertion
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Statistics:
Cou nt
Insertions 65
Deletions 53
Moved from 5
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Style chanqe 0
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Total changes 128
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Dewitt, Gina
Friday, January 13, 2006 4: 11 PM
Wells, Wayne; Clayton, Gina; Delk, Michael
Akin, Pam
Amendment to Hyatt agreement
~
00005168.rtf
This is the final version -- I hope. I will also send a clean copy.
1
.
PREPARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
,2006
JJr,.ff ~J
~
G;f\4 n (,.iff
'.)S.f1~
TAMP _JQQ1 67, 13991~
.
.
TillS FIRST AMENDMENT TO SECOND AND AMENDED AND
RESTATED 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
CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the
"Developer").
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in
title, are parties to that certain Second Amended and Restated Development Agreement
as recorded in O.R. Book 13996, Page 2409, Public Records of Pine lIas County, Florida
(the "Development Agreement")~ and
WHEREAS, to insure and execute the City's goals of revitalizing Clearwater
Beach in accordance with Beach By Design, the City has imposed certain restrictions
upon the Developer and individual Unit Owners as detailed in the Development
Agreement and the exhibits attached thereto; 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, in consideration of the sum of $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Developer agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
~2. Capitalized Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such terms in the Development Agreement.
3. Det1nitiQ.ns~5~<;;ti()nJ.OLjs b~re1>d'.....amen<!~i1JQJldd th~JQ1lo~Lqg9..dI!li1i,Q!1
Tb~l~IrrL':~p~fatOf, " "hot~LQP~.ra.tQJ~.'.'.QJ "si[lgL~hot~L(J~r(llQr"~~haj I ellcbm~antb~~pJ.de
~ntitY.lJnd~~bo~e name__th~_ Jlot.el j~Q~erat~d .a.ndJYhQisre~popsible.ioLlb~ ~ailx
oQera1iQtl~fJh~ H~tell()bQY, .lLQntil.es.k". M~eting...SJla.c.~ bal1rQQm~~~teLreg:,u,.l.r{lnt~..aml
allQt~L pyb Ii!::.. ar~a.s ..QIthePrgi~cL~l)d_\Yh()js~QJ e.1x1eSJlQn.si.bt~iQr lhe...Rro;yisi.o.ILQfUQtd
~~l}'i~S (~.K ,.lOom.. s~Iyi c~. ami co.nc.i~e . ~.~rvi.ces Lan<Lmajntellilnc~ . and op_erat!!:U1..Qf aU
H...QtelJl~m eni t i ell,
J.4. Paragraphs 1. 2 and 4 of Section 2.03 of the Development Agreement-are
amended as follows and new subparagraphs 6, 7 and 8 are added to the end of Section 2.03:
2.03. Scope of the Project.
Page 2
TAMP _399167, 1 ~9121~
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1. The Project shall only include public parking, private parking,
resort hotel, residential and retail uses and appropriate accessory
uses and shall be developed in substantial conformity with the
preliminary plans of development which are attached as Exhibit B.
The Project Site is a "Community Redevelopment District,"
pursuant to the Pinellas County Planning Council's Rules which
authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - at least 400 spaces.
&-b. Private parking -at least 350 spaces.
&-c. Hotel:.... rIte llote!shal Ii ilCl-uc!enofHofethlHl-lwnhUfldredfifi\,.
(2SIH!1otel units {which nwv be suhniIHt:'<Jt{i CfHHltHnilliulnfwvners4Hpt,
1. Unil~ (RQQQJs) The I ford shall include no more than two
hundred tiny' ) lliitcl units (\\hich be submitted to condominium
ownership)(inc:!ivi@aUy .e.~ha"H:QteL!Jnil" ccmd ~QII~cJivelYJhe. '.'Bol~
Ullits.:).
Hi. Otp~LAJ'.eas ~c=Ih~~HoreLjhilJI jJl~\lJde a mInImum of
twenty thousand (20,000) square feet of Meeting Space and other
amenities accessory to the Hotel, including, but not, limited to restaurants,
bars, exercise and spa facilities, beach club, outdoor recreation space,
storage, back office and administration areas and other functional elements
rdat.ing to the Hotel, including not more than twenty five thousand
(25,000) square feet of retail/restaurant floor area, Of the hotel units, 209
are Hotel Unit Pool units, which shall be requircd to be submitted to a
rental program requiring that such unit be available for overnight hotel
gucsts on a transient basis for no fcwer than 330 days in any calendar ycar,
subjcct to.... :;Hct'+ndrt'nre- e\t'fl!',n1Hi..in~~5UEh rOOlHSlllHJVad.ablt",t{}f
"c(upancv+rnd suhietftunhef +0 the rit!hloftheoperator torenlo\esuch
CEHnphance ufsuchr{)(rmS-wHh
the opeidtHl~ standard fIr ',uclioperatocl Fl;}fdeFtoasSure!he hHIfl qualit \
resHrtTxpeffelKeca!led4tlFHHderthis ,\greenleHLallsuch units, as well as
the units not representing bonus units, shall bc operated by a single hotel
operator who shall meet the requircments as to operating standards set
forth in Exhibit N of this Agreement. In addition. the cabanas as shown
on the approved site development plan, will be accessory facilities which
are not available for rental as overnight accommodation, contain no beds
or pull-out sofas. will only be made available for use by hotel guests or
beach club members and when not rented to hotel guests. access to the
cabana will be prohibited between the hours of I a.m. and 6 a.m. It
TAMP _J99167, 1 ~.9.1~
Page 3
.
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d. Residential Units - not more than 18 units.
2. Nothing shall preclude the Developer from developing or operating
all or ~Or1i()n of the Project elements using any ownership format
permitted under Florida Statutes including individual ownership
formats ill Q~ ... Q[m()r~. q:mdQminiJJm~provided that the
requirements as to availability for transient occupancy and as
te!h~r~js a single hotel operator set forth in~~c.d~fined~i!! alli1
(i1.U-I()tel lJllits~re. Qperiltedjcnc~mplian~~wi!h th!sAgr~ell}~m.
4. Notwithstanding any other provision of this Agreement, no
occupancy in excess of thirty (30) days per stay shall be permitted
in any hotel unit which is developed as a part of the Project. In
addition, no hotel unit shull be uscd as a primary or permanent
residcnce and each unit from the Hotel Unit Pool shall be required
to be available to transient hotel guests a.lLHoteLU'litL~halL1>~
li<;c~Q&~g.. as~. a Rvblic ...I()~ing f(i~jli~jooaC~Q[danc~~y.ritllL]OILdQ
Slatll!.~~ . c::hapl~LiQ2c NQc... HQ1~1 ul1l1iL.~halLbe o~cupied~.lhe
Q)~'!leL()r gY~SU~flh~ . (1p]21 i<;~qRklIot~l()!litllbe "lJgttQ~'YnerJfoI
mQf~. tjgnlQ c()nse~1Jtjj'~d(iJ's . p~r Sti!Yc .~\YI1~J}9j()CCJd~J)yth~
Uojt .QcwneL, th.e ap'plicllQlyJ-Io~1 LJ!litsh(illjJ~.lJ!ad~lly~b~for
reJ!talJothe n t:mbJiL.for transj~Ilt.9CCMPanc~ aSnQYyI}'lig]l1
a~~QmlJlod_atious, .Eac.I1.I-I Qtyl..UniLsbalL b.~ m~de~a~Cl.jl(lhleJQ_th~
pv.hli~=.QveU1ightq<;~()mmoc!atiQJl,sJQrJlQ f~;weL th~n JQ5d.~sj!l
an~....calendar y~ar>~subiect .to tQrce maieury=~yenls-l1lakiD~cVs:11
rQQJUSJJnayai labkfor =Q.ccupan.~ .alld~1Jbj~tJo tbe -JighLQftl1~
hot~JQperaj9r tQJ~mQvc~csu~h rQ.l>I1lS frQJ)J s~[Yi~~s.n~c~sarY. fQ[
ffifllote!lance ....~t-lolIQtd .UJ1it IllilY b~J.l.S.edi()L~n)"dllirpos~. other
thflJl ... ()veruigl1L a<:<;o mIll ada-ti Q!lScl!Sc.Rroyid~~~ .bx~.Jhe...o Land
D~elopment C.Qde,~ Individu.all:lot~lUnits~h(lILnQt.bg r~ujregJQ
p~~macleayait'Lble=[OLrentaJ t()Jh~121ll{licas. aresu.!t <If f(liTC
majeUle (',('illS m;d.!lL! ~,uch )(1Imi" una\<lliable for occupancy and
subject It.tithcl !U t he right or 1 he QQJeLoperator lo remove such
rooms ii'om scn ICC ,)"; neccssary assure compliance of sllch
100111', I he: ulh.:ratnlg standard of such hQWl-oRera.tuL__Unit
Owner:s. mID' act oIlJhrirQw t>~halftQj"eIl1 tb~iLre~e~tiYeJjot~
.UnitSQf. Ill~Yn~tain eitQ.eLlheDeveIop~r Q! <lJl1irQcpartyxgntal
agent tQprID'id~rental .s'~ykes.
6~c: In ;lSSUI (;' the qualJty resort expenence called Illl'
under thiS ail 2.~QJ:JQteJj..Jl1its_~shaltbe_mail!tain~d.al1d
QP~..r;;ttedtQJhe~op~atiI1g . sta.llda.Lcl.~ s~tforthin...gxtJll2itl'L.9f lbi~
Agreemgnt.
Page 4
TAMP _3gg167.1~99J~.9
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7LD~y~IQll~r~l)JllLJnaiQtain ~~singl~fL9I1tcgeskJor the IlQtel tQ
~i~ter=~y~~HQlel TJIli! OC~ll~RL~_IQas~j~Jh~_~it~ to f!1QnitoJ"
th~..lJI1it ..Qwnert c~Qmpjjan~.e~...with.~Jhe ...J(l\\".s.....@~L~~lllation~
appli\;~hle tQ.~um_lIQleLUnit~the=J1Qtel~e[jltoLnwilL~Qj)trQl
<l&ce~s~lQaILQLtl)~~.J1Qt~Lllllit.~aJ1d. w.ill...uPQl1.1h~}\lrinen Lem!~~
m..the.=C: itY,.llQ.. .mg.reJhan Qn~~Ld'.e~J~J2LQyid~=tQJh~_. .c:i~a
~Qrt~etailing the=t()laL!1umb.~ OLIlights _ ea,cbHQlel Un.iL~.S
Q~clJJlie(.LanQ theQYml:>eLQLnigbJS~(lfhJloteLUI2iLw].S Q~CVj)ie.d
ID'.theJJnit Qwner(Q[glteSLof tb~.Ul1it Qwn~}~ndmthe n!J.mg~.LQf
night~..~(lch ligt el.U llitWc!~Q~clli2iedpd'.=athi[(iJ)(ll:tJ'J1QteLgue~L
8.,=-. .... ...AlllIolel. UIlil~sh.aJLber~uireQ to be operated as described in thi.s
Section 7.03, Prior to the issuance of a certificate of occupancy for
the resort liQtel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in
accordance with Exhibit F, limiting the use and operation of the
resort hotel unitsHQieLlJnit~ and implementing this paragraph.
). Section 3.01 paragraph 3 is amended as follows:
3.01. Land Development Regulations.
3. Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants to
Developer from the Hotel Unit Pool an additional two hundred nine (209)
hotel unitsHQ1eLUl)it~ to the Project Site in accordance with applicable
law. The allocation of additional hotel units from the Hotel UnitPooI shall
expire and be of no further force and effect unless the Commencement
Date occurs on or before March 6,I)ecernberlL 2006.
6, Section 3.03 paragraph 2 is amended as follows:
3.03. Concurrency.
2. Reservation of Capacity. The City hereby agrees and acknowledges that as
of the Effective Date of this Agreement, the Project satisfies the
concurrency requirements of Florida law. The City agrees to reserve the
required capacity to serve the Project for the Developer and to maintain
such capacity until March 6,Re~~mlJern> 2006 and that such period shall
be automatically extended for an additional three (3) years if the
Developer commences construction by March 6,12ecemQ~IJJ, 2006. The
City recognizes and acknowledges that the Developer will rely upon such
reservation in proceeding with the Project.
7. Section 5.03 paragraph 2 is amended to read as follows:
Page 5
TAMP _ J991 67.1 ~.~L61.9
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2. Project Site. In the event the Developer fails to commence
construction by March 6,[1e~~mger lL 2006, at Developer's request the
City agrees to purchase the Project Site as described in Exhibit A at fair
market value, but in no event shall the purchase price exceed $6,000,000.
The fair market value shall be established by an appraisal process. The
appraiser shall be directed to establish the value of the property assuming
Third Street and South Gulfview Drive are not vacated and disregarding
the additional development rights (209 hotel units) provided in the
Development Agreement. The appraisal of the Project Site shall reflect
the higher of: (i) the highest and best use of such property at the time of
appraisal, or (ii) the value of the Project Site with existing buildings and
existing sixty-five (65) hotel units in place at the time of execution of the
Development Agreement (i.e. as existing in 2002, before demolition, but
valued at the time of the appraisal in 2006). The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer. In the event that the two (2) appraisals are
within twenty percent (20%) of each other, the fair market value shall be
the average of the two (2) appraisals. In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers, including the
list submitted by the Developer, and the third appraiser shall select among
the two (2) appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the property.
8. Section 5.04, paragraph 7 is amended as follows:
7. Concessions. The City shall grant the Developer authority to
operate concessions on land to the west of the existing centerline of South
Gulfview Drive, adjacent to the Project site, subject to any existing
franchise or concession rights and compliance with all requirements of the
City Code, and subject to a long term license agreement to be approved by
the City, substantially in the form as Exhibit K. The license agreement
shall be for a term of 50 years, commencing on the date the facilities are
available for use, and be subject to a right of termination by the City for an
uncured breach of a material obligation by the Developer. Such
concessions may include a facility open to the public which provides
towels, lockers, minimal beach sundries, and other beach gear required to
operate a first-class beach hotel, but not including benches, lounges,
umbrellas and side tables. Ih~=COI1fessiQnfacilltyshClJLbec!lQ.mQre.Jb.~n
I ",fOO~~I.t~e(~~t, MQL~b~nQhig~r tl1~nQJ)e~QI}'JlD(Lsh<lllnQJ disj)la):'
th~.. name. Hyatt Qf=llll~ other llotekret<!~d=nlar.kcQJl th~st!1lo~tu[e QLtQ~
fa~il ity..AciditiQn<llli',tb~.Per~QJlS w~rking~jbin t!l<~Ja.(;i]jt.Y~Jl<lJLweJl[nQ
pinS...OIQther...iden!ifi<;;~tio.Il..b~c<ltil1g.Jh~.naI!!~l!Jr<l!! ..QLaJlbQ!h~LhQt~l:;
r~la,teqma.lk'.c=Such facilities shall be built into the beach landing portion
of the pedestrian overpass, as more particularly depicted on Exhibit H.
Page 6
TAMP _ J99167.1 ~9.9J.6L9
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Notwithstanding the foregoing, in regard to beach chairs, lounges,
umbrellas, side tables and the level of services associated with the
provision thereof ("Beach Concessions"), the City shall retain the right to
utilize a concessionaire to provide said Beach Concessions. The City
agrees that the City concessionaire shall offer the Beach Concessions
which comply with the standards set out on Exhibit L, attached hereto and
made a part hereof If the City's franchisee fails to comply with the
standards in Exhibit L Developer may send written notice to the City
specifying the non-compliance, after which the City has thirty (30) days to
cure said non-compliance. In the event that the non-compliance is not
cured within thirty (30) days, the City agrees that the Developer may
thereafter provide the Beach Concessions and shall retain all income
derived therefrom.jf th~=D~y~!Ql1eL=~~sume_s~ontroLci the, ~ach
CQnces~iQn~=DevelQR~Lshall_l1~Y~jLflye v~.i;lUemLillsmerate th=~Beach
Conc_essigns. subie_<:t ... to . the=~rovisioI)s herein below. The Beach
<:::91l~essjQn~m(l~heJQc~~(t onIY=.Qn!1l(l1JJQrti()no~each directly_west
QLtl1~_]~r9iect. Sit~.=,lUd=(ls Q~1inSliLhy t~SL12arallel lines running from the
nQ[t~__~Q9undaJ~=QLthe oroi~=(;;t~the southern-most boundary of
tb~~roiectwestto the Wt':R.ll highW'!!~[ mark",.= Further4- there shall be no
itldicMiRl1_ orJmU1QiIlgl1IL~llqiL~LtableS~J=lmblcllaSn=gr other similar ite.ms
sold=QLI~!!te(t f[mll.Jh~sonce~~i91L facilit~ bearing the name Hvatt ~1l.J:
.Qther h()tel-J~la~iLm~rk. If the Developer assumes control of the Beach
Concessions, and the City receives documented complaints that the Beach
Concessions are being denied to non-hotel guests, or if Developer fails to
comply with the standards set out in Exhibit L, the City may send written
notice to Developer specifying the non-compliance. In the event that the
non-compliance is not cured within thirty (30) days, the City may take
back the Beach Concessions.
2, Section 5.04 paragraph 1 is amended as follows:
5.04. City's Obligations.
1 South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of the
South Gulfview and Beach Walk Improvements. The City further agrees
to make reasonable efforts to complete construction in accordance '.'lith the
schedule attached hereto as Exhibit M. The City's utilization of the
construction schedule in Exhibit M is dependent upon payment byof that
P9niQl1 oLS()1Jth-<Wl(yj~xv_ anc.U~neach WillI<: .Imorove,wents abutting ~
Proie~L<j~fil1ed~~fh(l~~J an9=Phas~1l=!!!Jhe M~~2005 Post Buckl~
1 OQ% D[llJ~d~f()r13ea~Jm:alkJ2:Y-fiQj!}cter thanprior to the issuaIl<:e. of the
C~rtific.ate.nQL=O~cu12ql]9'__ fOLJhe PrgiecL.contingent on pavmenL=ID-r
Developer of Developer's Pro Rata Share (defined herein) and the
Page 7
TAMP _399167.1 ;3~167.9
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Accelerated Construction Payment (defined herein) to the City prior to the
City awarding the construction bid, The City and the Developer recognize
that staging and site access issues will have a substantial impact on the
Beach Walk construction schedule, Further. construction of the Beach
Walk Improvements as shown in the - May 2. 2005 Post Buckley 100%
Drawings for Beachwalk is contingent upon the availability of the Relo
cated First Street (alkla Second Street} Th~J:itYJl~reeslhat i.~~lctanc;~..of
th~......C:~enjfi~aJ~. of._QcCu.Ran.c~.._ShalI__IloL_b~~_!Lnr~aSQnab l'i~ wjthbeld.,
~Qlldjti()n~~LOl~elaj'~g.
J Q. Section 5.05 paragraph 5 is amended as follows:
5.05. Obligations of the Developer.
5. Cost of South Gulfview and Beach Walk.
a. The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair share
of the South Gulfview and Beach Walk Improvements as described
in subsection (b) below.
b. The Developer shall be responsible for a pro rata share of the cost
of the South Gulfview and Beach Walk Improvements, which shall
be equal to the net cost of the South Gulfview and Beach Walk
Improvements multiplied by a fraction in which the front footage
of the Project Site is the numerator and the total frontage along
South Gulfview and Beach Walk Improvements is the
denominator.
SPR = (F PROJ/F SOBW) x (CSOBW)
SPR = Pro Rata Share
FpROJ = Frontage of Project Site
FsoBw = Total Frontage along South Gulfview and
Beach Walk Improvements
CSOBW = Net Cost of South Gulfview and Beach
Walk Improvements
The City has determined that the Developer's pro rata share is One
Million One Hundred Ninety Thousand Dollars ($1,190,000.00)
("Developer's Pro Rata Share"). In addition, Developer agrees to
pay the City an additional Two Hundred Eighty Thousand Dollars
($280,000.00) in exchange for the City's agreement tofor redesign
of the Beach Walk Improvements to accommodate the Proiect
(Redesign Payment). utilize the specific construction schedule
attached hereto as Exhibit Mco~mIllct~Jl~1ion--of that pQJiilln
Page 8
TAMP _399167.139.9J61.,9
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of the South Gulfview and Beach Walk Improvements oriOl: to the
is:suance of, the Certificate of Occuoancy for the Proiect
("Accelerated Construction Payment"). The City's utilization of
the construction schedule in Exhibit Mobligation is dependent
upon payment of Developer's Pro Rata Share and the Acceleration
Construction Payment to the City prior to the City awarding the
construction bid. The City agrees to utilize best efforts to meet the
construction schedule specified in Exhibit M recognizing that time
is of the essence. ~Q:D1l21~t~!l~tfUction of that oortion of the
~Q1J~G:tJJfu~YL~lliLR~lL=~.v alk Improvements giQL_t~
~~~tl1L~rt~coQfQ~~lJpancy Jor the~c!. The .~
~ees~j'~d~12~IcJ1QllQSs. than 5 davs~LdYrit~~
Qi1hL@~~~eleratiol! ConstlJ.lction Payment shall be due and
lL~bl~L~\,l~~If Developer's Pro Rata Share and Accelerated
ConstructionRedesign Payments are not made by April 1, 2005,
the amount due will be increased each month by the Construction
Cost Index as published monthly by the U.S. Dept. of Commerce.
Such pro rata share shall be paid prior to issuance of the
foundation permit for the project.
c. In the event that any property which fronts on the South Gulfview
and Beach Walk Improvements is proposed for redevelopment
using the pool of additional resort units established pursuant to
Beach by Design, the developer of such property shall be required
to pay to the City a pro rata share of the cost of the South
Gulfview and Beach Walk Improvements as a condition of
development approval.
lL Section 5.05 paragraph 9 is amended as follows:
9. Commencement of Construction. The Developer shall commence
construction of the Project by March'!2ecewber lL 2006, and shall
thereafter diligently pursue completion of the Project.
l~ Section 7. 02fl+- paragraph 1 is amended as follows:
7.02. Construction.
1. Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence construction by
MarehIl~<;~mb.~L3J 2006 in accordance with Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of that part of
the Project as authorized by the Building Permit therefor which is
Page 9
TAMP_~~
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e
continued and diligently prosecuted toward completion of that part
of the Project.
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Garage Access
Improvements, shall be subject to delays and extensions from time
to time for Unavoidable Delay (see Article 15). The Developer
shall not be deemed to be in default of this Agreement to the extent
construction of the Project, or a part thereof, is not complete by
reason of Unavoidable Delay.
13. Exhibit F. Sections 2 of Exhibit F to the Agreement are deleted in their
entirety and replaced with the following:
2.1.1 The Hotel Units shall be restricted as follows:A minimum of
tv.'O hundred and nine (209) units, which is the number of hotel
units allocated to DEVELOPER, shall be used solely for transient
occupancy of thirty (30) days or less, must behceHSedasitpuhlic
lodgmgestablishment and classificd as a hotel, and must be
operated by a single licensed operator of the hotel. No hotel unit
shall be uscd as a primary or permanent residence..
i. NoJjgtel .IJnit. shjlll.Q~~o~cup~JlQ4'JheU!ljlO\Vn~f
QL a!J~othe(Qccllillint (Qr .mQL~Jhan_1Qc(;Qnse<;!ltiye.cj~s
per slaY. \\Th~I)~lJ~h Ho.t~LUnitsc~n~ notb~ipltP~cuoiesL!2y
tbeir re~p~cli'le Q>>'llers~jh~J:iQlel~",JlIJitL~halLb~ .m~~<l~
avail~Qle to them pul2liciQf prenJaL_ as. .. ...~yefJligbt
accommodations .as detill~d itL!he..Cl~ar~at~LC91TIml..mity
llevel9PmeIJi=CQQ~, Ih~...Hl1tel ILnjlsc.- sha!L.J2~.....lllad~
available . t9 th~~...PllQlic ...1QL....JeDlal.=Jls.~...= o_v~might
accommodations for fig fewer. th.a_B 30~=pda,ys jnAny
~~leI)(l.(lr ye~L
HL All1:!9JelJllli!~.~haU be licensed as a public lodging
facility.inac~cQrdance. wifnFIQJ;idq S'Lqtlft~~~bapteL 5Q~
H 11. All HQtel Unitssh9Jlb~maiI)taiJl~d and QRerated Jo
the. QR~ratimtc~t(lJl<iard~h~.-'-'QperatiI)ll S!and~ds"l s~t
furth.in ExbibittLQf .that .CcertaiI)~~S~CoIl~:LAmencjced.._~.ml
---...--------------...- -_....- -----...---.. -.......-----
R~sta.1~dDe~eloJ:Lru~J1Lhgr~~!!lent a.s.Jeci}r~~(Lin.QJt
:aOokmJ399Q~ . P(!g~. +'1Q9,. Publi<;c~J~,ecOl<.i~. QLj>jl1~IIa.s
{::oun.tJ'" FIQILda (lb~~";Q~y~lopmentAgreem~!lCLQwIl~r~
Qf theJiot~LUnit~ mJl.Yc~~t. onJlt~iLQFJl Q~h(llftQJent lh~jJ
respe~tive units QL.m'lbretaj.n~eitheL.th~.Q~y~LQP~J.. Qr~~~
Page 10
TAMP _3991 e7, 1399167",9
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tbi.rll paUYJeni~lJ!g~!lJ tQJJJ>>vid_e_ relltcll seryices.J1QweY~
i!l_ sucb_ ey~nt Jh~ ownersQf the Hotel Units shall be
(~QJlsiblefQL~Q1lli2li~nce with the Ooerati~$tandards
~d _tbe_...te.QJl-5._Clnd_conditiuns of the ....Development
~~mi>=!!s. a!!l~nded~,_ includin~,but not limited to.
E~hibit~.LE..andJ~L-lIRQIl r~Jluest .of the. Citv.. the such
HQleLU.Ilit owner (other than those Unit Owner's whose
Hotel Unit is managed by the hotel operator for the Hotel)
~Qall=J;)~_ r~IDJired-tQ-.J:!.r9yi9'~1 aL. the j2wneL~_ exo~ns~
iIJJ;i~~llQ~!!1. ~~rti.fi~atiQnJ1Y-Jl1Jlutlll!1IT-~reed~pon ijJ>1cl
11l~~ctor,.._oLJheJloJeL...Unit's comQliance with th~
QIte.ratilliLSt(llldaIQLa!l~~- terms, and_conditions of the
ll~~t~!!l~J Agreement. as amended. in~n~. but no!
1il!li1~.cLlQlcc..I;:~hibjt.~.=LE..a.nd.~ln_lldditilla1~e~
aYflil~bl~=bblID:Yc>_1h~Citv.. shall have the right to prohibit
JJ~~~oLaIlclaCfesL1Q.~a1!J'.unitthat is not operated to the
QJll~[l!tin.~Sll:lndarcis until such-.time as the owner of such
JJpjLd~mQn~!Iate~ to the reasQnable. satisfactio.n of the Citv
1h~l.uniLi~iIl(;QIlUlliill1C~~~itb thi~..~e~tiQXk
~ All other hotel units shall be licensed as a public lodging
establishment, classified as a hotel or resort condominium '.vith
occupancy limited to stays of thirty (30) days or less. No hotel unit
shall be used as a primary or permanent residence.
2~1.2 _Ib~_Qlb~L&eas,...of the HoteL including the .front de~
shaILb~QJ1eJ~t~cI.9J".~~~ingie~Jk~Il~~Q.QP~IatQLQf theJiQtel~
2.1.3 No _HQtelJ)nits.~halLJ:)_ell~e(La.s_ oth~r _thaI!. overnight
~~c;9rnInodatiQ1l.s_as-Pillvidedjn theLand Develooment Cpde.nor
~alll:lJl~.HQ1~LllniLpeJ!~~d.~~.~malYgl~l]l}anent residence,
2.IA......As used herein, the terms "transient occupancy;" 1 "public
lodging establishment,", "hotel", "resort condominimum, and
"operator" shall have the meaning given to such terms in Chapter
509, Part I, Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel
developed on the Real Property shall be closed as soon as
practicable upon the issuance of a hurricane watch by the National
Hurricane Center, which hurricane watch includes Clearwater
Beach, and all HetelYIliJ~Q)Yners,!nd Jheir~est~ anqjIlyitee~ am:l
'!1Lhotel guests, visitors and employees, other than emergency and
security personnel required to protect the resort Hotel ~
~t~~gn.~ledJ2y.Jb~=De\;'d~~L_and/qr itsp.otel.. operatQI} shall be
evacuated from the Hotel as soon as practicable following the
Page 11
TAMP _399167, 13991Q? 9
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issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the terminology employed to warn
of the approach of hurricane force winds, the closure and
evacuation provisions of this Declaration shall be governed by the
level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in
order to ensure that theinsJJ(ethatalluflits(lWJ1er~...and tb~irgll~Js
~I!(tjnvit~~S~J)dCJ.ILhot~l guests, visitors and employees will be
evacuated in advance of the issuance of a forecast of probable
landfall.
a E.as~ll1~l!t_ D~veIQRer_ sh'!HJ2IQ\:iden~cj)lJbliyR~Q~stric;l}!jl~~~sseasem~I1i 1 Q
f~~LwiQ~~withi!lJheI!orth~Dl-m~~t bay gLlhe eIgjectJ~xJ~l)din~Jrom Coronad1LtQ.QJ.lJf
YiewJ~Qul~vatd. ... SM!;h~9-s~m~nLshalljn(:hjde: ..~l1()ri~QI)tal PQl~ Qrme.at th~~~SL~!1~_Qf
th~e...~as~J1l~Ilt.~w.hi~hjsJQJ1g~enQlJgh J9...r~!ricL~RlJblik=y~bil;1Llar Jratlis: unless lifted a,S
n~c.~~'s'~ry~J21lt.. not..~9 long.as .t~LQYerlyjmp.e<l~.. pu1ili~p~de~tIi(!!LlratlI~~JmPJm>Ji'!t~.~jgl1~~
ind.i~.ati ng.ll1'!lJb~].r~illl~Ll1Jil's'4>,Ubl i fJ2edestrian...llCc=~cs=LandalUlLOQriate Ji ghtipJi fo(pu b li~
p~de.~.trianJL'1ffi c...=The.. .~.aSeIll~t sh;;llL.. remjlin illJ.)lac~~\.lntiL~~cQndcStr~~U~ QR~n. .. .. Ih~
ac~~=ss e~~mel)l.shallJ.1QLb~!.lseg fOLgen~Lal pubJic ve.bicular. thfQlJ.gblraificc>Jmt~\VilLQe
k1~e<l~yebic;j) lar..tratli cQirecili'asSQ~ia.t ed."Yi th the proj ~ct,
SIGNATURE PAGES TO FOLLOW
Page 12
TAMP _3QQ167.13991Ql.~
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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
STAlE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day
of , 2005 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 13
TAMP _399167.1399J21~
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Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT COMP ANY,
L.L.C., its sole manager
(Witness Signature)
Print Name:
Neil 1. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF HlLLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of , 2005, by
Neil 1. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal
Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select
one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
TAMP _ JQQ1 671 ~!;lJ. RZ.,!;l
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.
Document comparison done by DeltaView on Wednesday, November 30, 2005
8:21 :24 PM
Input:
Document 1
Document 2
Renderin set
iMana eDeskSite:/It adms1/T AMP/399167/1
iMana eDeskSite:/It adms1/T AMP/399167/9
Standard
Legend:
Insertion
Deletion
ivk}ved fforn
!\lo\cd to
Style change
Format change
\Ithed tldel it H I
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Paddino cell
Statistics:
Count
Insertions 65
Deletions 53
Moved from 5
Moved to 5
Stvle chanae 0
Format changed 0
Total chanaes 128
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Akin, Pam
Friday, January 13, 2006 10:59 AM
Brumback, Garry; Arasteh, Mahshid; Delk, Michael; Wells, Wayne; Stephen J. Szabo (E-mail)
Goudeau, Cyndie; Dewitt, Gina
~
00005168.rtf
Here is what I believe to be the last version the proposed Amendment. There is anew whereas clause
and changes to para 5.04 and 5.05 and section 13 and Exhibit F.
1
PREPARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
, 2006
p(1. jJ-# S
~
P IIW' ~.'^-
I.' 3. 0"
TAMP_JQQ167.13991679
.
.
TillS FIRST AMENDMENT TO SECOND AND AMENDED AND
RESTATED 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
CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the
"Developer") .
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in
title, are parties to that certain Second Amended and Restated Development Agreement
as recorded in O.R. Book 13996, Page 2409, Public Records of Pin ell as County, Florida
(the "Development Agreement"); and
WHEREAS, to insure and execute the City's goals of revitalizing Clearwater
Beach in accordance with Beach By Design, the City has imposed certain restrictions
upon the Developer and individual Unit Owners as detailed in the Development
Agreement and the exhibits attached thereto: 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, in consideration of the sum of $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Developer agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
~2. Capitalized Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such terms in the Development Agreement.
L D~fill,itions: Section 1.01i~..h~f~b,y,aIT1ended to add the fol1Qwiug(itillnitiQIl.:
'fhe term "OJ2~IaJ.QI~>:~'_lI~ ooeraiQ!:,:Q(~.'gng!~,hQ~Looerator" shall each mean, th~~"~ngl~
entity- under whose name the Hot~l i.so~erated and who is J:"~~onsibl~jQL1~~
9peration of the. H()tel.lobbv. front de~~M~~tiIlR$J2ace. ballrooms.. hotel.restaurants. and
all otheLRubJi~=BrealL~e.LQj~~t .(lJld.1Yh{L.is .soltili'.L~~()Jl~LQlefQLtheJ2fovision ofJi()t~l
~~rvic~iL~g:,.J:QQnl serviceal1<i....~Qn~i~r~.services) and-JJl<liJll~.nBllC.~=cmd o.neration of~ll
~~~nitLe~S,..
~. Paragraphs L 2 and 4 of Section 2.03 of the Development Agreement-are
amended as follows and new subparagraphs 6, 7 and 8 are added to the end of Section 2.03:
2.03. Scope of the Project.
Page 2
TAMP _399167.1 ~.1~Jl
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1. The Project shall only include public parking, private parking,
resort hotel, residential and retail uses and appropriate accessory
uses and shall be developed in substantial conformity with the
preliminary plans of development which are attached as Exhibit B.
The Project Site is a "Community Redevelopment District,"
pursuant to the Pinellas County Planning Council's Rules which
authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - at least 400 spaces.
a:b. Private parking -at least 350 spaces.
a:c, Hotel: ..fhellHtel'5f1aJli!H.'lH de no,tnoft"thafl-twi)-h!::ffh:lfed.fi+lv
\..2c;.If}lrtrte].Hf}}tS...(\vhic!, .iHa..v....be..SttBllltt t edh' ..C{}J1dCHHtniurn.x}Wf1efShip.,
~ Unii~Rooms} The Hotel shall include no more than two
hundred lilty ) hotel units (\vhich may be subnlittcd to condomini.unl
cnvnership)(individuaIJy .ei:J.<.:h. i:J."I-lotel Unit" a!lcl cgllectivelv the "HQt~l
llutlu
HL Other Areas - The HoteL shall include a nummum of
-- ----.
twenty thousand (20,000) square feet of Meeting Space and other
amenities accessory to the Hotel, including, but not~ limited to restaurants,
bars, exercise and spa facilities, beach club, outdoor recreation space,
storage, back office and administration areas and other functional elements
relating to the Hotel, including not more than twenty five thousand
(25,000) square feet of retaiVrestaurant floor area. Of the hotel units, 209
are Hotel Unit Pool units, v.hich shall be required to be submitted to a
rental program requiring that such unit be available for overnight hotel
guests on a transient basis for no fewer than 330 days in any calendar year,
subject t01flFC e+nitreu Fe.eyen},,-.. Blah! ngsuch. .f(}(HllsunavitifHf)!e-. ff\f
r(}(HH sh'omservlceasnecessHrv to. assure. {'{}H1phanCeiy!'suchff)OHtS\vith
the{}peFattrr:.1standaicl..o! 'slt>-2,h operator. IH{}rdef.tHa5SuH:~..thellfgh{tual it v
r1:'''{}rle'\periencecajfedf~}!tHtt!eF+his..\gleeH1{'+lL.itll..such units, as well as
the units not representing bonus units, shall be operated by a single hotel
operator 'Nho shall meet the rcquiremcnts as to operating standards set
forth in Exhibit N of this L\greement. In addition, the cabanas as shown
on the approved site development plan, will be accessory facilities which
are not available for rental as overnight accommodation, contain no beds
or pull-out sofas, will only be made available for use by hotel guests or
beach club members and when not rented to hotel guests, access to the
cabana will be prohibited between the hours of 1 a.m. and 6 a.m."
Page 3
TAMP _JQ9167.1 ~~L~~
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d. Residential Units - not more than 18 units.
2. Nothing shall preclude the Developer from developing or operating
aU or a portion of the Project elements using any ownership format
permitted under Florida Statutes including individual ownership
formats in_one . or ITlQr~~_Cill1dominiums. provided that the
requirements as to availability for transient occupancy and as
te!heI~ i~ a single hotel operator set forth inas defined herein and
aJLHoteLUnits are operated in~U1~jj~llce }Yith this AQreement.
4. Notwithstanding any other provision of this Agreement, no
occupancy in excess of thirty (30) days per stay shall be permitted
in any hotel unit '..vhich is dcveloped as a part of the Project. In
addition, no hotel unit shall bc uscd as a primary or pennanent
residence and each unit from the Hotel Unit Pool shall be required
to bc available to transient hotel gucsts all Hotel Units shall be
licensed.. (iSIl.J)llblic 10dg!ngjll~ili1X. in accordance with _ Florida
Stt:l!Ut~cuhapter 509. NCLHotel Unit shall be occYRied by th~
QWIl~~~ll.~=stofthe illmJici;!bl~Jj1}lelllnit (the "Unit Owner") for
more than 30 consecutive davsJteI: stav.When not oc~iedbythe
llnitcQWn~L~cJb~Jmplic~bJ~JioteLUniLshall be made available for
rental to the public for transient QCcupancy as overnight
aC~Q!!LIUQ.c.ti;!liQ!1~=-_.,~hJ:1QJ~LUnitshall be made available to the
I2JLQlk_~QY~~Dligbl accomIlli).datlonUQLllo fewer than 305 days in
~!nX_~~~ll~ill:~ear. subiect to force majeure events makinQ such
[QQm~c!JJla,Yllila,l?l~cfQL~C~J.l12llns;y=~nd 2ubiect to the riQht of the
potelQP~~lltQI1QI~!!1.QJ(~~Sy\;hrQQill~f(om service as nec~sarv for
[lllinl~ni;!m&co:NQ. RQt~L!Lnil.JnID:_b~llse~Lfor anv OUfOOse.J2ther
tb~~11.c..QY~InjghLJ.cCQ!!l1!1~.d~iQn~ as d2rovided by the Land
Q~y.elQJ)m~Ilt.C:Q\l~.lnQiYig\J~l.HQt~L:UJ!it~.~p~ll!l.Qtlt~L~.IDJir~Q.!Q
be made ayailalJle for. rel1t1:!LJQ__.t~c.l2uhlLc.~~.JlJe~lt oJ l()J'Cc
maJeurc rnaking such loorns unavailable li)r occupancy ane!
subject t.o the righ! hgt~L()pcrator to remove such
rooms SetTlec as compliance such
rooms operating standard of such hotel oQ.e[ator. UIlit
Owt!~r.:.~.~ma~Jl~t~l1J.!l~iLQ)YIL.behalf to. rent their r~ecti ~_HQ!~l
U nits orc.~l!l_~cl~t~irL~itJl~....tb.~...D~'?~lQ.l2~(cQLci;!~~thir.dc~~J::en!ill
aQent. tOjJillyide rental..se.rv~~~
Q~~~=Jl1 order to assure the high quality resort experience called fell'
under this\greernent, all 75QHote1 Units shall be maintained and
Q~.J~t~.dJ9 tl1e..QQeratiggstandards set forth in Exhibit N oLthis
bgr~~m~nt
Page 4
TAMP_~L9
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I Devel(m~r _shall maintain a single front desk fOfn the Hotel to
~~ister everyHotel UnitoccuDant. To assist the Cj~Jo monitor
the Unit OWJlers' comDliance with the__ laws _ anQ regulations
aDDlicable . to such Hotel Units. the hotel operator ,will control
~cce_ss.to~ of the Hotel Units ctUQ=wilL ul2Qn the written request
of th~JJ~ more than once Der j'earJrQvide to the Citv a
re~tlc~getailiog the total number of n!~tIts_each__Hotel Unit was
Qc.clli2ied and the number of qights each Hotel Unit was occupied
by th~nJJniLOwner1or guest of the Unit OwnertJIDdJhe number of
[light~..each Hotel Unit was oc~l!Qied J2y a Jhit:.cl party _hotel Jlliest.
8. AllJIoteLUnits shall be reauired to be operated as described in this
Section f~QL Prior to the issuance of a certificate of occupancy for
the resort H~W-, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in
accordance with Exhibit F, limiting the use and operation of the
resort hotel units!:l~. Un~ and implementing this paragraph.
5~ Section 3.01 paragraph 3 is amended as follows:
3.01. Land Development Regulations.
3. Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants to
Developer from the Hotel Unit Pool an additional two hundred nine (209)
hotel unitsH9ELV ni~ to the Project Site in accordance with applicable
law. The allocation of additional hotel units from the HotelVnitPool shall
expire and be of no further force and effect unless the Commencement
Date occurs on or before March 6,;Q~c~mQ~L1.1. 2006.
6. Section 3.03 paragraph 2 is amended as follows:
3.03. Concurrency.
2. Reservation of Capacity. The City hereby agrees and acknowledges that as
of the Effective Date of this Agreement, the Project satisfies the
concurrency requirements of Florida law. The City agrees to reserve the
required capacity to serve the Project for the Developer and. to maintain
such capacity until March 6,December 11. 2006 and that such period shall
be automatically extended for an additional three (3) years if the
Developer commences construction by March 6,December 31. 2006. The
City recognizes and acknowledges that the Developer will rely upon such
reservation in proceeding with the Project.
'L Section 5.03 paragraph 2 is amended to read as follows:
Page 5
TAMP _J99167.1 ~l~~
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.
2. Proiect Site. In the event the Developer fails to commence
construction by March 6,December 3~ 2006, at Developer's request the
City agrees to purchase the Project Site as described in Exhibit A at fair
market value, but in no event shall the purchase price exceed $6,000,000.
The fair market value shall be established by an appraisal process. The
appraiser shall be directed to establish the value of the property assuming
Third Street and South Gulfview Drive are not vacated and disregarding
the additional development rights (209 hotel units) provided in the
Development Agreement. The appraisal of the Project Site shall reflect
the higher of: (i) the highest and best use of such property at the time of
appraisal, or (ii) the value of the Project Site with existing buildings and
existing sixty-five (65) hotel units in place at the time of execution of the
Development Agreement (i.e. as existing in 2002, before demolition, but
valued at the time of the appraisal in 2006). The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer. In the event that the two (2) appraisals are
within twenty percent (20%) of each other, the fair market value shall be
the average of the two (2) appraisals. In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers, including the
list submitted by the Developer, and the third appraiser shall select among
the two (2) appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the property.
~, Section 5.04, paragraph 7 is amended as follows:
7. Concessions. The City shall grant the Developer authority to
operate concessions on land to the west of the existing centerline of South
Gulfview Drive, adjacent to the Project site, subject to any existing
franchise or concession rights and compliance with all requirements of the
City Code, and subject to a long term license agreement to be approved by
the City, substantially in the form as Exhibit K. The license agreement
shall be for a term of 50 years, commencing on the date the facilities are
available for use, and be subject to a right of termination by the City for an
uncured breach of a material obligation by the Developer. Such
concessions may include a facility open to the public which provides
towels, lockers, minimal beach sundries, and other beach gear required to
operate a first-class beach hotel, but not including benches, lounges,
umbrellas and side tables. I~hec=C;9nces~i9n facilitv shall be~n9 more than
L~.QQ~~~gkU!Iefe~l~MOL. b~lKLhigherthall one stQl}' and sl1~aILl!9LdisolC!J'
th~J1~ll11e IiJ'llt1 ~Lany~theLh~tel-r~ll:lted mark on the strnct~[e=~9f the
facilitL AdditiQnally-4~he j)~ni9ll~~WQ-Lkil1Rwithin the facilityjihalLweaLIill
Rim; or other ideD1ifi~atiQn=.b.eill"jJlg~~~~Iixill1~L.~ny other hotel-
LeLateQmark,,~Such facilities shall be built into the beach landing portion
of the pedestrian overpass, as more particularly depicted on Exhibit H.
Page 6
TAMP_39Q167.1~~~
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Notwithstanding the foregoing, in regard to beach chairs, lounges,
umbrellas, side tables and the level of services associated with the
provision thereof ("Beach Concessions"), the City shall retain the right to
utilize a concessionaire to provide said Beach Concessions. The City
agrees that the City concessionaire shall offer the Beach Concessions
which comply with the standards set out on Exhibit L, attached hereto and
made a part hereof If the City's franchisee fails to comply with the
standards in Exhibit L Developer may send written notice to the City
specifying the non-compliance, after which the City has thirty (30) days to
cure said non-compliance. In the event that the non-compliance is not
cured within thirty (30) days, the City agrees that the Developer may
thereafter provide the Beach Concessions and shall retain all income
derived therefrom. ccJfth~[)~Yylo12eLil$SUm~S~QJ)tmLoQL th~_~~ac_b
CQPc~~l)ionsLRev~IQP~J~ha.ILhaye a fiXyyea(J~rJ!ltQ QP=~at~Jhy aea~~h
CQIlces~iQns,cl'lJbl~~LJQ theA~wvisiQns. herein below.. IJ1~c.....J3~ac~h
C.i)Jlces~iQnsm~Y b~JQ~al~JtQnIYQn tha,lport1OlLQ{ !h~.b!;!~b.<!ireglJ1~\V~1!t
of th~J>_IQjectj;ite .(lIJd .as=,Qef1l)~g by J~QparalleLlit1~$J1Umi~ffQnL1he
n!)rt.h~rll:mostJ;)oundarYQf th~PL9ject.(lnd th~c.~OJJth~[!l-;mostJ)Qlmdilry=Qf
t~prQ~t w~~t to.1Q~meanhigh.\Yat~Lmark~... FlLrth~r~ ther~~h.alLb~.JJQ
iIldicatiOJl or .branding...OIL chair:!i~table~uml:tl:~II.as_ oL=other ..siU1jla[j1~ms
SQJd ..()LL~nted=from Jbe.cQI}~~ssiQ.nfaglitYb~aritlgJbe.n~me.J:I~.tQLa.nY
Qth~rllQt~l;"r~!a~dmMk, If the Developer assumes control of the Beach
Concessions, and the City receives documented complaints that the Beach
Concessions are being denied to non-hotel guests, or if Developer fails to
comply with the standards set out in Exhibit L, the City may send written
notice to Developer specifying the non-compliance. In the event that the
non-compliance is not cured within thirty (30) days, the City may take
back the Beach Concessions.
9. Section 5.04 paragraph I is amended as follows:
5.04. City's Obligations.
1 South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of the
South Gulfview and Beach Walk Improvements. The City further agrees
to make reasonable efforts to complete construction in accordance with the
schedule attached hereto as Exhibit M. The City's utilization of the
construction schedule in Exhibit M is dependent upon payment bYQ[!Iill..t
pcO[tiou.J2f .SQYlh. Qllifyi~~ (m(;LB~a.ch-VialtJmpIQX~m~ut~aJ:)UttingJh~
r>[Qject~efine\Las Pha~~. Lilnd..Phas~JI inJh~~MCly_~=2Q05PQl)t.By~~leY
LQQOfQI?sawi~fQLB_eafhwalk bkoo lat~r thanpri or to theissuanceQf thee
C&Ijif~~~cQL()cgI-p~n~xJQ[ .utb~e ...Pn~.ie.C.L-CQJ!1ingent, on. oavm~nt~
Developer of Developer's Pro Rata Share (defined herein) and the
Page 7
TAMP _ 3991 67 .1 ~9.9J67.Jl
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.
Accelerated Construction Payment (defined herein) to the City prior to the
City awarding the construction bid, The City and the Developer recognize
that staging and site access issues will have a substantial impact on the
Beach Walk construction schedule. Further. construction of the Beach
Walk Improvements as shown in the := May 2. 2005 Post Buckley 100%
Drawings for Beachwalk is contingent upon the availability of the Relo
cated First Street (a/k!a Second Street). The Citv agrees that issuance of
the. Certificate of .Q~~lli1~~ shall. not.be unreasonably withheld~
~QJJititiQn~QQL dela}'~~.
ill Section 5.05 paragraph 5 is amended as follows:
5.05. Obligations of the Developer.
5. Cost of South Gulfview and Beach Walk.
a. The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair share
of the South Gulfview and Beach Walk Improvements as described
in subsection (b) below.
b. The Developer shall be responsible for apro rata share of the cost
of the South Gulfview and Beach Wa1k Improvements, which shall
be equal to the net cost of the South Gulfview and Beach Walk
Improvements multiplied by a fraction in which the front footage
of the Project Site is the numerator and the total frontage along
South Gulfview and Beach Walk Improvements is the
denominator.
SPR = (F PROJIF SGBW) x (CSGBW)
SPR = Pro Rata Share
FpROJ = Frontage of Project Site
FSGBW = Total Frontage along South Gulfview and
Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
The City has determined that the Developer's pro rata share is One
Million One Hundred Ninety Thousand Dollars ($1,190,000.00)
("Developer's Pro Rata Share"). In addition, Developer agrees to
pay the City an additional Two Hundred Eighty Thousand Dollars
($280,000.00) in exchange for the City's agreement tofor redesign
of the Beach Walk Improvements to accommodate the Proiect
(Rdesign Payment). utilize the specific construction schedule
attached hereto as Exhibit M&QJ1!Rlet<;lcQnstruction of that DortlQn
Page 8
TAMP _J99167, 139Ei6l.9
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.
ufthe SO\,lth.Gulfview and Beach.\Valk Imorovemcnts prior to the
issuance. of the Certificat~ .of Occuoancv for tl1~ Proiect
("Accelerated Canstructian Payment"). The City's utilizatian af
the canstructian schedule in Exhibit MQplig.atian is dependent
upan payment af Develaper' s Pro Rata Share and the Acceleratian
Canstructian Payment to. the City prior to. the City awarding the
canstructian bid. The City agrees to. utilize best effarts to meet the
canstructian schedule specified in Exhibit M recagnizing that time
is af the essence. WlnplctcCQQstruc1iQu af that oortian af the
Sillllh.."oJ}ulfvicw and Bea~tL~Walk Imorovements l'xiQr to. the
~!J5l!J~~r>f the C~cat~()lQ~cupanc'l far the Proiect. The City
a~rees ta~)'~.J2ey~loper nat le~Jhan 5 davs oriar written natice
Q[lb.Qi\!l~~.Acccl~ll~anstructian Payment shall be due and
lliJ.vable h~J:~lilld~3fDeveloper's Pro Rata Share and Accelerated
CanstructianRedesign Payments are not made by April 1, 2005,
the amount due will be increased each month by the Construction
Cost Index as published monthly by the U.S. Dept. of Commerce.
Such pro rata share shall be paid prior to issuance of the
foundation permit for the project.
c. In the event that any property which fronts on the South Gulfview
and Beach Walk Improvements is proposed for redevelopment
using the pool of additional resort units established pursuant to
Beach by Design, the developer of such property shall be required
to pay to the City a pro rata share of the cost of the South
Gulfview and Beach Walk Improvements as a condition of
development approval.
II Section 5.05 paragraph 9 is amended as follows:
9. Commencement of Construction. The Developer shall commence
construction of the Project by March,D~.cem.llirr_JJ~ 2006, and shall
thereafter diligently pursue completion of the Project.
ll~ Section 7.02fB- paragraph 1 is amended as follows:
7.02. Construction.
1. Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence construction by
MarchI?~(;elT!12er 112006 in accordance with Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of that part: of
the Project as authorized by the Building Permit therefor which is
Page 9
TAMP _J99167.139a1679
e
.
continued and diligently prosecuted toward completion of that part
of the Project.
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Garage Access
Improvements, shall be subject to delays and extensions from time
to time for Unavoidable Delay (see Article 15). The Developer
shall not be deemed to be in default of this Agreement to the extent
construction of the Project, or a part thereof: is not complete by
reason of Unavoidable Delay.
13. Exhibit F. Sections 2 of Exhibit F to the Agreement are deleted in their
entirety and replaced with the following:
2.1.1 The Hotel Units shall be restricted as follows:A minimum of
two hundred and nine (209) units, which is the number of hotel
units allocated to DEVELOPER, shall bc uscd solely for transient
occupancy of thirty (30) days or less, musthe-Ht'eRsef!asapubli,,;'
ledglH11 establishment and classified as a hotel, and must be
opcrated by a singlc licensed opcrator of the hotel. No hotel unit
shall bc used as a primary or permanent residence..
L NQll01~ U uit~h~lll Qe okgtJti~d bv the lJI!il0wner
QlaD~_otheLQ~f;Jl~ntJQLJnQre th~ULJQ consecu1i'{~~a~
12~L~l~. .Whel!sllch HotelUIlits are not beinK-occuoiegp-y
their==r~~l?~Cl~_Q~ners. the }Iqtels Units shall be mage
a\Tailagl~.....~...tQ_ the_=.J211gli~__ fQL...,x~BtL2:~__~~migl1t
aC~illmQJlations=~.~..~efi_nedj!t th~LCI eal}Y~leJCom!l!u.!Ji1Y
llex~lcmm~~nl c:od~ IheH.oJel Jlvits shall.. b,e made
~~'liLal21~.....JQ. thtLJ).llQlk,_fuL,_r~.I!1~~.,_ , overnight
accornIJ)Qdatio_u~Jorn=Q. f~W~L_ thji!l_~_Jlqy_~.in any
~aJellg.l;t~_'lI:~.
HI. AILH.QJ~lJlnits_,sball be licensed as a pLibliclodging
[(j.ciJityLn_ aC~Q[gaIwe with F10rida Statutes. Ch~L 509,,,
HII. AILliQt~1 Uni1~..~hall be maintained_alliLQJ2erated to
the_ 9~aliniL.standard~ it he "Ooerating Standards'~
f9Lthjn E~hiQitJ..~'_1)L1ha,Lgertain Sec_<mQ.Am5~J)_(1~~llil
Restated. Develop.Il1ent Agreement as, recorded, in O.R.
BQQk l122~Page 24~Q2_L Puhli~~cJ~.~cordLQLPindJ~~
CQl!I1~IOIid8: (the "D~velopmen1AgreeIll~nl::1 O!Yn.~r~
of theJj~leLUuit~m~~~act on 1h~!r own b~hi!lf torentJh~ir
L~~12~gi},~Y!lilS_j)L=QJID'_Ie~iI1 either ,the Deveh:mes...Qt.~
Page 10
TAMP _JQQ1 67, 139~JJ?1Jl
.
.
thirclJ>artv rental ageDt to-PIQyid~L~ntaLseIYice~ however.
in~uca"ey~nt_~he_,~\YIlef~_~L1h~_J-Iotel Units shalt. be
resoonsible for.s;omoliaIlcewjth the Ooeratin~ Sta,ndards
~illL_th~_~I!!!L~__~~of ,the Develooment
Agt~emen~==a~__am~Dded. including., hut not limited to.
fuh~~F and ,N. UOQn reauestQf the Cjty. the_such
HQteLLJnitowner (other than those Unit Owner's whose
Hotel Unit is managed by the hotel operator for the Hotel)
shall_be" reauired to._ nrovide ... _aL~e. owners _~xoense
_~___..'_:",:-.:_.____'__ _'-_.__.,:'.._._______-_-'''._:...__.If--''___~_..."____.__._______-.0.____-------''--- ~
indet2endenLc.ertific~tionbv a_mutua~ aareed uo.on Hotel
.__ ___..__._:.,..:_________._..__.~._.._-.______'______'_:..o,-~__::.._,.~____-'-~_,_..'____ ~__ ._-=-.~-;._--
!nsoec;;1gxc>c oL,..the_liQtel Unit's comJ?liance _ with th~
Qp~ratLI!&StaDdagisand the terms and conditions of the
DeX~lQl2ID.enLi\gr~~my~~~J!I!1end~~(t. including. but. not
lifl}it~\lJo~E~ibil~cE+j<_llIlSL N ~=~IP~Q1Lm re..Q}edies
availaQkj1j'=la;w~th~ Ci~hg:llhave the ri~ht to j>rohibit
Yc~~_QLand_a,cce~~Jo-J;Ulj'c=lJI1it tbati~ not QQec<U~R_to the
Qp=el<ltinK-Sta,nci~rd~cclJI1til mJ<,:hliIn~ _asJhe ~W!1~J of~~l1
\J,niL<i~ntQn.~tr~t~.~_lPJh~r~9,~QDaQJ~~atisf~gtiQn_Qftb.~ CJ!y
th_(ltJmili~iIlCQm~!i<lI1c~_wjthJhis ~~~tigt1~
~ "^JI other hotel units shall be licensed as a public lodging
establishment, classified as a hotel or resort condominium '.'lith
occupancy limited to stays of thirty (30) days or less. No hotel unit
shall be used as a primary or permanent residence.
2. L2~~=Th~c=QtherArea~-.oLtlliLH9teL iIlcluding the front des.k.
~hall12e QJ,1l;Tateil1>J:: a ~11g1~,jkeg~ed~~rator of the Hqt~
2.1.3 :t:JQ_HQleL~Ullil~mshalL!J~_ u~~Q_a-LQ!ML,t~-~Jy~Djg,ht
accQInmodatlQPS asJ,l[Qvid~p~th~-LalliLDevelooment C~rLQI
~h<!lL~IlXJj9tcl UniLbe !!~~d as (l.priI].ary=qr.JleunC!nentJ~~id~ns:~~
2. L4.As used herein, the terms "transient occupancy,", "public
lodging establishment,", "hotel", "resort condominimum, and
"operator" shall have the meaning given to such terms in Chapter
509, Part I, Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel
developed on the Real Property shall be closed as soon as
practicable upon the issuance of a hurricane watch by the National
Hurricane Center, which hurricane watch includes Clearwater
Beach, and all Hetelunits o\ynersand their guests andinvitees and
alLbgte1 guests, visitors and employees, other than emergency and
security personnel required to protect the resort Hot~L (as
de~ignat~d~ bjT_lbe I2~)fdQl1~r__l!!1JiLQr itsJilltel operatorj shall be
evacuated from the Hotel as soon as practicable following the
Page 11
TAMP_JQQ167,1~~
.
.
issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the terminology employed to warn
of the approach of hurricane force winds, the closure and
evacuation provisions of this Declaration shall be governed by the
level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in
order to ensure that thei.!l~JJre th~t~ILlInit~9wn~r~~Jld th~t('guesl~
~.IJd.jn~itee~__qDd~gll1 hQt~ guests, visitors and employees will be
evacuated in advance of the issuance of a forecast of probable
landfall.
a E.asetl:1enl~... D~y~IQP~L~ballQfSlyid~a,. PlJbJicpe~d~e~triana~~ess~aSeI!l~nLtQ
feet.}Yi{}~FitbiRJhe.nQtlheI!1~mQstl:!~~.. QLt~~..eL()ject.~xtengin~...fronLCoron~d~J()Jllllf
Yie~ BQy!evarci'.c.Sl.Jc.lL~ase.ment ..sh~l!jn~l1iQe.:. ..(l.bOIi?Q1!t9LJlaleQrd~~1~.at th.~...~-,!~ ..en~.f
tbe. .. ~~~.ement.w.hich.jSoJQng~Q9ug.iLJ9LestrictJ2lJbl i~~~Yehi~ylarlta1D~_~nk~s I ifu~L~~
n~~&SSllrY~. buLnQL~Q.JQ~~~~JQ1:tYe(~imReQepyblicpe.de~~trial!lraffic:. aj)proj)ri!lte~ig~e
inQi~!ltin.gJhal Jhe,a(e~IJl1i1S.J21l.bli~c.j)eciegri9I1.~~l;eS~~!lci.2J212ropriaJeJ~hllngiQIPM1:lUc
pecje~tDj;lt1JrafIi.c~_I.b~~~~~e.nl~nt.. sh.all... remaiJl.jn_plac~cJJntiLSeco=ni.Str.~lj~Q12~l1.==Ih~
~cQesSel],~~J1!~l1t.~911.J1QLb.e..used... [QLgene.mlpu,.bJi c vehicul<!I'JhrQuQ:h~lt(lftic~ but wilLb.e
\.Jsed .ID'.. vebk!dlar.lrj;lffic=girectl~..a ss()~iat ed..JXith the project,
SIGNATURE PAGES TO FOLLOW
Page 12
TAMP _399167,1399L6L9
.
.
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 fonn:
Pamela K. Akin, Esquire
City Attorney
STATE OF FLORIDA )
)
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day
of , 2005 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 13
TAMP _JQQ1 67, 1 ~~
.
.
Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT COMPANY,
L.L.C., its sole manager
(Witness Signature)
Print Name:
Neil J. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of , 2005, by
Neil 1. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal
Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select
one:]
( ) is personally known to me~
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
TAMP _J99167, 1 ;3~916U
.
.
Document comparison done by DeltaView on Wednesday, November 30, 2005
8:21 :24 PM
Input:
Document 1
Document 2
Renderin set
iMana eDeskSite:/It adms1ffAMP/399167/1
iMana eDeskSite:/It adms1ffAMP/399167/9
Standard
Legend:
lns~rtion
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i\4{}ved ti=om
Moved to
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Statistics:
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Insertions 65
Deletions 53
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Style change 0
Format changed 0
Total changes 128
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Delk, Michael
Thursday, January 12, 20062:22 PM
Wells, Wayne
Clayton, Gina
Hyatt Agmt
FYI. After a meeting this morning with Hyatt in the CM's office, the reference to no curb cuts on Gulfview has apparently
been eliminated from the still "work in progress" development agreement we'll be discussing at Council next week. Pam
told me we should have the "final" revised version resent to me this afternoon. I'll send it on to both of you.
michael
1
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Clayton, Gina
Thursday, January 12, 2006 9:39 AM
Delk, Michael; Wells, Wayne
RE: Amendment to the Development Agreement
The staff report is done and copied and the packets are going out today at 11 :00 a.m.
-----Original Message-----
From: Delk, Michael
Sent: Wednesday, January 11, 20064:59 PM
To: Wells, Wayne; Clayton, Gina
Subject: FW: Amendment to the Development Agreement
fyi.
MLD
-----Original Message-----
From: Brumback, Garry
Sent: Wednesday, January 11, 20064:56 PM
To: 'Bastas, Chris'; 'Rauenhorst, Neil J.'
Cc: Akin, Pam; Horne, William; Delk, Michael; Arasteh, Mahshid
Subject: Amendment to the Development Agreement
Neil and Chris,
Attached are the proposed amendments to the development agreement. The changes represent
what I believe was discussed with Chris. While I understand that it is not optimal for either
party, I feel as though it is a good compromise for us both. If you have any suggested changes
to this language, I need it back by tomorrow afternoon if it is to go to the CDB and Council
next week. Pam and I can discuss this with you tomorrow if you feel that would be helpful.
Garry Brumback, lCMA-eM
Assistant City Manager
(727) 562-4053
-----Original Message-----
From: Akin, Pam
Sent: Wednesday, January 11, 2006 4:48 PM
To: Stephen J. Szabo (E-mail)
Cc: Brumback, Garry
Subject:
<< File: 00005155.rtf >>Steve, Please find attached the proposed amendment. I have made several changes to
address what I understand to be the agreement of the parties as it relates to the construction of Beach Walk and the
curb cuts on Gulfview. Please note particularly section 5.04, 5.05 5 b, and section 15. Please contact me if you have
any questions.
1
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Delk, Michael
Wednesday, January 11, 20064:59 PM
Wells, Wayne; Clayton, Gina
FW: Amendment to the Development Agreement
fyi.
MLD
-----Original Message-----
From: Brumback, Garry
Sent: Wednesday, January 11, 20064:56 PM
To: 'Bastas, Chris'; 'Rauenhorst, Neil J.'
Cc: Akin, Pam; Horne, William; Delk, Michael; Arasteh, Mahshid
Subject: Amendment to the Development Agreement
Neil and Chris,
Attached are the proposed amendments to the development agreement. The changes represent
what I believe was discussed with Chris. While I understand that it is not optimal for either party,
I feel as though it is a good compromise for us both. If you have any suggested changes to this
language, I need it back by tomorrow afternoon if it is to go to the CDB and Council next week.
Pam and] can discuss this with you tomorrow if you feel that would be helpful.
Garry Brumback, I CMA -CM
Assistant City Manager
(727) 562-4053
-----Original Message-----
From: Akin, Pam
Sent: Wednesday, January 11, 2006 4:48 PM
To: Stephen J. Szabo (E-mail)
Cc: Brumback, Garry
Subject:
D..ft- 4. f-
~
00005155.rtf
Steve, Please find attached the proposed amendment. I have made several changes to address what I
understand to be the agreement of the parties as it relates to the construction of Beach Walk and the curb cuts on
Gulfview. Please note particularly section 5.04, 5.05 5 b, and section 15. Please contact me if you have any questions.
1
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Goudeau, Cyndie
Tuesday, January 10, 2006 4:33 PM
Clayton, Gina; Delk, Michael
Brown, Steven; Thompson, Neil; Jarzen, Sharen; Wells, Wayne
RE: Agenda Items
They should be there shortly. If there are any questions, let me know.
-----Original Message-----
From: Clayton, Gina
Sent: Tuesday, January 10, 20063:56 PM
To: Goudeau, Cyndie; Delk, Michael
Cc: Brown, Steven; Thompson, Neil; Jarzen, Sharen; Wells, Wayne
Subject: RE: Agenda Items
Hyatt goes to Wayne Wells, the other two go to Sharen Jarzen
-----Original Message-----
From: Goudeau, Cyndie
Sent: Tuesday, January 10, 20063:54 PM
To: Clayton, Gina; Delk, Michael
Subject: RE: Agenda Items
Once Michael (or you) lets me know to whom to send it I will send it in collaboration.
-----Original Message-----
From: Clayton, Gina
Sent: Tuesday, January 10, 2006 12: 10 PM
To: Goudeau, Cyndie; Delk, Michael
Subject: RE: Agenda Items
How are you going to return this? To the originator or Michael?
-----Original Message-----
From: Goudeau, Cyndie
Sent: Tuesday, January 10, 20069:23 AM
To: Delk, Michael
Cc: Clayton, Gina
Subject: Agenda Items
Importance: High
Michael - I am going to return three items for additional detail.
1) #1830 - LUZ 2005-10013 - MHDR area of Old Florida - information re what the proposed uses
are needs to be added in the summary of the item.
2) #1837 TA2005-11004 - Amendment re Old Florida - need to add detail regarding what the text
amendment are in the summary.
3) #1842 - Hyatt Development Agreement - need to add somewhere in the recommendation that
this is also known as Hyatt - no where in the item is the Hyatt or any of the other names we are calling this
project used.
Please let me know to whom I should send these items to have these changes made.
If you or they have any questions, let me know.
C) n dlt'
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PREP ARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
,2006
TAMP 3g916T,U9B1fiL9
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THIS FIRST AMENDMENT TO SECOND AND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT (the "Amendment") is made as of this
_ day of , 2005 (the "Effective Date"), by and between THE CITY OF -}'
CLEARW ATER, FLORIDA, a Florida municipal corporation (the "City") and'
CRYSTAL BEACH CAPITAL, L.L.c., a Florida limited liability company (the
"Developer").
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in
title, are parties to that certain Second Amended and Restated Development Agreement
as recorded in O.R. Book 13996, Page 2409, Public Records of Pinellas County, Florida
(the "Development Agreement"); and
WHE,REAS, 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, in consideration of the sum of $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Developer agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
-1-:-2. Capitalized Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such terms in the Development Agreement.
3. Definitions: Section 1.01 is hereby amended to add the following definition:
The tern1 "operator." "hotel operator." or "single hotel operator" shall each mean the single
entity under whose name the Hotel is operated and who is responsible for the dailv
operation of the Hotellobbv. front desk. Meeting Space. ballrooms. hotel restaurants. and
all other public areas of the Proiect and who is solely responsible for the provision of Hotel
services (e. g.. room service and concierge services) and maintenance and operation of all
Hotel amenities.
~4. Paragraphs 1, 2 and 4 of Section 2.03 of the Development Agreement-are
amended as follows and new subparagraphs 6. 7 and 8 are added to the end of Section 2.03:
2.03. Scope of the Project.
1. The Project shall only include public parking, private parking,
resort hotel, residential and retail uses and appropriate accessory
uses and shall be developed in substantial conformity with the
preliminary plans of development which are attached as Exhibit B.
The Project Site is a "Community Redevelopment District,"
pursuant to the Pinellas County Planning Council's Rules which
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authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - at least 400 spaces.
!tL_Private parking -at least 350 spaces.
fuC. Hotel:~fK"-I40tel ~;hall include no more than two hundred lilly
(250) hotel unit; (whK4HRay-b€'-sttlmtiHB{1 to cOlrOOminium o\\ncr~;hjp),
h Units (Rooms ) The IJQJcl shall inchldc no ITIQrclhal1J\vo
h.u.D(I].c.d....!lfty.G?5Q t.hotgILlllits(\vhi(.h...J}Jsy...b.c.....SL1PIJ)jt(cd..J.9...~swd()mi.DjtIJll
Q\yncrsbipJ{individuallv each a "Hotel Unit" and collectivelv the "Hotel
Units").
t;ll. Other Areas - The Hotel shall include a mInImUm of
twenty thousand (20,000) square feet of Meeting Space and other
amenities accessory to the Hotel, including, but not~ limited to restaurants,
bars, exercise and spa facilities, beach club, outdoor recreation space,
storage, back office and administration areas and other functional elements
relating to the Hotel, including not more than twenty five thousand
(25,000) square feet of retail/restaurant floor area. Of the hotel units, 209
are Hotel Unit Pool units, '.'.'hich shull be required to be submitted to a
rental program requiring that such unit be available for overnight hotel
;;uests on a transient basis for no k.'\'Cr than 330 days in any calendar year,
subject to force majt'ttfE' event:; making ~;uch rooms unavailable for
O€€ttftuncy and ~;uh.tel4 further tH- the ri;;ht of the operator to remove ~;uffi
I'Hom.s...f"oI11servfce....as...i1eceSSat'y-t{t-assure€OHlpli-aooe-.ol=-stIC-lt-lBOftlSwith
the operat ing standaR+ of :;uch operator. in order to assure the high qual it)'
re:;ol1 eXflerience called l~)r LH1ttet'-t+li:s-,\;;reement, all such units, as well as
the units not representing bonus units, shall be operated by a single hotel
operator \\'ho shall meet the requirements as to operatin;; standards set
forth in Exhibit N of this l\greement. In addition, the cabanas as shown
on the approved site development plan, will be accessorv facilities which
arc not available for rental as overnight accommodation, contain no beds
or pull-out sofas, will only be made available for use by hotel guests or
beach club members and when not rented to hotel guests, access to the
cabana will be prohibited between the hours of 1 a.m. and () a.m."
d. Residential Units - not more than 18 units.
2. Nothing shall preclude the Developer from developing or operating
all or a oortion of the Project elements using any ownership format
permitted under Florida Statutes including individual ownership
formats in one or more condominiums. provided that tfl€
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requirements as to availability for transient occupancy and as
tethere is a single hotel operator set forth inas defined herein and
all Hotel Units are ooerated in comoliance with this AlITeement.
4. Notwithstanding any other proyision of this Agreement, no
occupancy in excess of thirty (30) days per stay shall be permitted
in any hotel unit which is developed as a part of the Project. In
addition, no hotel unit shall be used as a primary or pennanent
residence and each unit from the Hotel Unit Pool shall be required
to be available to transient hotel guests all Hotel Units shall be
licensed as a oublic 10d2:ing facility in accordance with Florida
Statutes. Chaoter 509. No Hotel Unit shall be occuoied bv the
owner or 2:uest of the applicable Hotel Unit (the "Unit Owner") for
more than 30 consecutive davs oer stav. When not occuoied bv the
Unit Owner. the aoplicable Hotel Unit shall be made available for
rental to the oubhc for transient occupancv as overni2:ht
accommodations. Each Hotel Unit shall be made available to the
oublic overni2:ht accommodations for no fewer than 305 davs in
anv calendar vear, subject to force majeure events makin2: such
rooms unavailable for occuoancv and subject to the ri2:ht of the
hotel ooerator to remove such rooms from service as necessarv for
maintenance. No Hotel Unit mav be used for anv oumose other
than overnight accommodations as orovided bv the Land
Development Code. Individual Hotel Units shall not be reauired to
be made available for rental to the oublic as a result 0[1'91'<;9
Ip.(\i..c.ll.rs.....c.Y.snl.s....ln~~.k.i.ng~q.c.h.r()(),m~....q)J<:ly(ljJg1?Js..f()rcg\;<:V12<:ln<:Y...,lllq
~.l!j)js<:t..Cllrl1.lgl.1()thtIjgbJcgLJhgmhotel 9~~r:fltm~iqcclcn19XgcsJ~fb
rgg}n~,j)gIlLc~gryi<:yc~l?Il<;fgs~ftIYJSLftsS~lrgCQI)JpligllJ,~S:=.9f=~.q.<:h
rQ9m~J:-\!iththgQP,cmli!1g~tfllJ4~H~q=(.)L~n<:hhotel ooerator . Unit
Owner's mav act on their own behalf to rent their resoective Hotel
Units or mav retain either the Develooer or a third oartv rental
agent to provide rental services.
6. I.11.......(!J:(lGr.......t<,)......(l.~.sltrg......t.I.).c......hi.gD.......9.1I9JilyccrssQr\ .e,:i\1{e,:rig)lgc...S~(llLcfl.......(()r
l111qe,:rthi~j\grcclncnt,(llI250 Hotel Units shall be maintained and
ooerated to the ooerating standards set forth in Exhibit N of this
A2:reement.
7. Develooer shall maintain a sin2:1e front desk for the Hotel to
register every Hotel Unit occuoant. To assist the Citv to monitor
the Unit Owners' comoliance with the laws and re2:ulations
aoolicable to such Hotel Units. the hotel ooerator will control
access to all of the Hotel Units and will. UDon the written reauest
of the Citv. no more than once oer veaL orovide to the Citv a
report detailing the total number of ni2:hts each Hotel Unit was
occuoied and the number of nights each Hotel Unit was occuoied
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bv the Unit Owner (or guest of the Unit Owner) and the number of
nights each Hotel Unit was occuoied bv a third oartv hotel guest.
8. All Hotel Units shall be required to be operated as described in this
Section 2.03. Prior to the issuance of a certificate of occupancy for
the resort Hotel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in
accordance with Exhibit F, limiting the use and operation of the
resort hotel unitsHotel Units and implementing this paragraph.
5. Section 3.01 paragraph 3 is amended as follows:
3.01. Land Development Regulations.
3. Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants to
Developer from the Hotel Unit Pool an additional two hundred nine (209)
hotel unitsHotel Units to the Project Site in accordance with applicable
law. The allocation of additional hotel units from the Hotel Unit Pool shall
expire and be of no further force and effect unless the Commencement
Date occurs on or before Murch 6,December 31. 2006.
6. Section 3.03 paragraph 2 is amended as follows:
3.03. Concurrency.
2. Reservation of Capacity. The City hereby agrees and acknowledges that as
of the Effective Date of this Agreement, the Project satisfies the
concurrency requirements of Florida law. The City agrees to reserve the
required capacity to serve the Project for the Developer and to maintain
such capacity untillVlurch 6,December 31. 2006 and that such period shall
be automatically extended for an additional three (3) years if the
Developer commences construction by Murch 6.December 31. 2006. The
City recognizes and acknowledges that the Developer will rely upon such
reservation in proceeding with the Project.
7. Section 5.03 paragraph 2 is amended to read as follows:
2. Proiect Site. In the event the Developer fails to commence
construction by Murch 6,December 31. 2006, at Developer's request the
City agrees to purchase the Project Site as described in Exhibit A at fair
market value, but in no event shall the purchase price exceed $6,000,000.
The fair market value shall be established by an appraisal process. The
appraiser shall be directed to establish the value of the property assuming
Third Street and South Gulfview Drive are not vacated and disregarding
the additional development rights (209 hotel units) provided in the
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Development Agreement. The appraisal of the Project Site shall reflect
the higher of: (i) the highest and best use of such property at the time of
appraisal, or (ii) the value of the Project Site with existing buildings and
existing sixty-five (65) hotel units in place at the time of execution of the
Development Agreement (i.e. as existing in 2002, before demolition, but
valued at the time of the appraisal in 2006). The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer. In the event that the two (2) appraisals are
within twenty percent (20%) of each other, the fair market value shall be
the average of the two (2) appraisals. In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers, including the
list submitted by the Developer, and the third appraiser shall select among
the two (2) appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the property.
~ Section 5.04, paragraph 7 is amended as follows:
7. Concessions. The City shall grant the Developer authority to
operate concessions on land to the west of the existing centerline of South
Gulfview Drive, adjacent to the Project site, subject to any existing
franchise or concession rights and compliance with all requirements of the
City Code, and subject to a long tenn license agreement to be approved by
the City, substantially in the form as Exhibit K. The license agreement
shall be for a term of 50 years, commencing on the date the facilities are
available for use, and be subject to a right of termination by the City for an
uncured breach of a material obligation by the Developer. Such
concessions may include a facility open to the public which provides
towels, lockers, minimal beach sundries, and other beach gear required to
operate a first-class beach hotel, but not including benches, lounges,
umbrellas and side tables. The concession facilitv shall be no more than
1,200 square feet. MOL. be no hig:her than one stOry and shall not disolav
the name Hvatt or anv other hotel-related mark on the structure of the
facilitv. Additionallv. the oersons working: within the facility shall wear no
pins or other identification bearing: the name Hvatt or anv other hotel-
related mark. Such facilities shall be built into the beach landing portion
of the pedestrian overpass, as more particularly depicted on Exhibit H.
Notwithstanding the foregoing, in regard to beach chairs, lounges,
umbrellas, side tables and the level of services associated with the
provision thereof ("Beach Concessions"), the City shall retain the right to
utilize a concessionaire to provide said Beach Concessions. The City
agrees that the City concessionaire shall offer the Beach Concessions
which comply with the standards set out on Exhibit L, attached hereto and
made a part hereof. If the City's franchisee fails to comply with the
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standards in Exhibit L Developer may send written notice to the City
specifying the non-compliance, after which the City has thirty (30) days to
cure said non-compliance. In the event that the non-compliance is not
cured within thirty (30) days, the City agrees that the Developer may
thereafter provide the Beach Concessions and shall retain all income
derived therefrom. If the Developer assumes control of the Beach
Concessions. Dev~illQ~LshaILhave _a five vear term to operate the Beach
Concessions, subiect to the provisions hereinbelow. The Beach
Concessions may be located onlv on that portion of the beach directlv west
of the Project Site and as defined by two parallel lines running from the
northern-most boundary of the project and the southern-most boundarv of
the proiect west to the mean high water mark.. Further. there shall be no
indication or branding on chairs. tables. umbrellas or other similar items
sold or rented from the concession facility bearing the name Hvatt or any
other hotel-related mark. If the Developer assumes control of the Beach
Concessions, and the City receives documented complaints that the Beach
Concessions are being denied to non-hotel guests, or if Developer fails to
comply with the standards set out in Exhibit L, the City may send written
notice to Developer specifying the non-compliance. In the event that the
non-compliance is not cured within thirty (30) days, the City may take
back the Beach Concessions.
2~ Section 5.04 paragraph 1 is amended as follows:
5.04. City's Obligations.
1 South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of the
South Gulfview and Beach Walk Improvements. The City further agrees
to make reasonable efforts to complete construction in accordance \vith the
schedule attached hereto as Exhibit 1\1. The City's utilization of the
construction schedule in Exhibit 1\1 is dependent upon payment byof that
portion of South Gulfview and Beach Walk Improvements abutting the
Proiect defined as Phase I and Phase II in the Mav 2. 2005 Post Bucklev
100% Drawings for Beachwalk by UP later than prior to the issuance of the
Certificate of Occupancv for the Proiect contingent on payment bv
Developer of Developer's Pro Rata Share (defined herein) and the
Accelerated Construction Payment (defined herein) to the City prior to the
City awarding the construction bid, The City and the Developer recognize
the that staging and site access issues will have a substantial impact on the
Beach Walk construction schedule. Further. construction of the Beach
Walk Improvements as shown in the = May 2, 2005 Post Buckley 1 OO~.;)
Drmvings for Beachwalk is contingent upon the availability of the Relo
cated First Street. The Citv agrees that issuance of the Certificate of
OccuQancy shall not be unreasonably withheld. conditioned or delaved.
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ill Section 5.05 paragraph 5 is amended as follows:
5.05. Obligations of the Developer.
5. Cost of South Gulfview and Beach Walk.
a. The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair share
ofthe South Gulfview and Beach Walk Improvements as described
in subsection (b) below.
b. The Developer shall be responsible for a pro rata share of the cost
of the South Gulfview and Beach Walk Improvements, which shall
be equal to the net cost of the South Gulfview and Beach Walk
Improvements multiplied by a fraction in which the front footage
of the Project Site is the numerator and the total frontage along
South Gulfview and Beach Walk Improvements is the
denominator.
SPR = (F PROJ/F SGBW) x (CSGBW)
SPR
FpROJ
F SGBW
Pro Rata Share
Frontage of Project Site
Total Frontage along South Gulfview and
Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
The City has determined that the Developer's pro rata share is One
Million One Hundred Ninety Thousand Dollars ($1,190,000.00)
("Developer's Pro Rata Share"). In addition, Developer agrees to
pay the City an additional Two Hundred Eighty Thousand Dollars
($280,000.00) in exchan;c for the City's a;reement tofor redesign
of the Beach Walk Improvements to accommodate the Project
(Rdesign Payment). utilize the specific constmction schedule
attached hereto as ExhibitM~lli1JJ21~leconstrucJion9ll!lilLJ29I1i2Il
oLt~eJ~ollthJJJJI1~and Beach Ylalk Im~rovements ~rior to the
...--......--.----...:...::..--.::.-..........................:::::...::............................................-...-.---.--------.--.--.----.-......_-_._----.-----................................ ........................................................... ....--.-._-_......................................
~J)Jll)~ccg~__CextiiicuteDLQcJ:;JmilllC)LJQX'"Jhe_P~!
("Accelerated Construction Pa)lnent"). The City's utilization of
the construction schedule in Exhibit MQQUgi1.t.igp is dependent
upon pa)lnent of Developer's Pro Rata Share and the Acceleration
Construction Pa)1nent to the City prior to the City awarding the
construction bid. The City agrees to utilize best efforts to moet the
construction schedule specified in Exhibit 1\'1 recognizing that time
is of the essence. fmlml~t~~QJ1~tn!fliQ\LQfJJ2JtLJ!Qrli<llL'"<1Ltht2
Page 8
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S9ul1LQ111t}i~):YJlIJfL!3~il<,;lL~YL~UicJmpm~Dl~~cJ2rillL~JSLlb~
i ~cS1l[}J)ct3Qftl1t3('t3I1if}<.:gtf::()LQ<':<:;lJPgDC:)'cf()rlhppr()j()<:;t~Th()('ity
(lgre..es.....t()..;,;i'd~....DeveJQPeLnQLJ eSSJhan...5~pri QL'b'riUen.....!lQ ti_~e
()Ithf::~t~!1pJI1~l\c:y~~mli9J1C:QJ]it[~P:JtYDL~illlJ2~=9.l!~tllIl~1
t4!)'~lbll:3h~rE3Ullcl~r.lf Developer's Pro Rata Share and Accelerated
ConstructionRedesign Payments are not made by April 1, 2005,
the amount due will be increased each month by the Construction
Cost Index as published monthly by the U.S. Dept. of Commerce.
Such pro rata share shall be paid prior to issuance of the
foundation permit for the project.
c. In the event that any property which fronts on the South Gulfview
and Beach Walk Improvements is proposed for redevelopment
using the pool of additional resort units established pursuant to
Beach by Design, the developer of such property shall be required
to pay to the City a pro rata share of the cost of the South
Gulfview and Beach Walk Improvements as a condition of
development approval.
II Section 5.05 paragraph 9 is amended as follows:
9. Commencement of Construction. The Developer shall commence
construction of the Project by March,December 31. 2006, and shall
thereafter diligently pursue completion of the Project.
12. Section 7.02f+:)- paragraph 1 is amended as follows:
7.02. Construction.
1. Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence construction by
MarchDecember 31 2006 in accordance with Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of that part of
the Project as authorized by the Building Permit therefor which is
continued and diligently prosecuted toward completion of that part
of the Project.
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Garage Access
Improvements, shall be subject to delays and extensions from time
to time for Unavoidable Delay (see Article 15). The Developer
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shall not be deemed to be in default of this Agreement to the extent
construction of the Project, or a part thereof, is not complete by
reason of Unavoidable Delay.
13. Exhibit F. Sections 2 of Exhibit F to the Agreement are deleted in their
entirety and replaced with the following:
2.1.1 The Hotel Units shall be restricted as follows;.^. minimum of
two hundred and nine (209) units, v.'hich is the number of hotel
units allocated to DEVELOPER, shall be used solely for transient
occupancy of thirty (30) days or less, must be-ltGeltSt-'tht&-a-pHB+i€-
lodging e~;tablishment and classified as a hotel, and must be
operated by a ~;ingle licensed operator of the hotel. No hotel unit
shall be ased as a primary or permanent residence..
L No Hotel Unit shall be occuoied bv the Unit Owner
or anv other occuoant for more than 30 consecutive days
per stay. When such Hotel Units are not being occuoied by
their resoective owners. the Hotels Units shall be made
available to the oublic for rental as overnight
accommodations as defined in the Clearwater Communitv
Develooment Code. The Hotel Units shall be made
available to the oublic for rental as overnight
accommodations for no fewer than 305 davs m any
calendar year.
t-cll. All Hotel Units shallJ)eJj~_enS~it~~o~l)JJhlii;~Qdgitlg
facilitv in accordance with Florida Statutes. Chaoter 509.
HI], All Hotel Units shall be maintained and ooerated to
the ooerating standards (the "Ooerating Standards") set
forth in Exhibit N of that certain Second Amended and
Restated Develooment Agreement as recorded in O.R.
Book 13996. Page 2409. Public Records of Pinellas
Countv. Florida (the "Develooment Agreement"). Owners
of the Hotel Units mav act on their own behalf to rent their
resoective units or mav retain either the Develooer or a
third oartv rental agent to orovide rental services. however.
in such event the owners of the Hotel Units shall be
resoonsible for comoliance with the Ooerating Standards
and the terms and conditions of the Develooment
Agreement. as amended. including. but not limited to.
Exhibits E. F and N. Uoon request of the Citv. the such
Hotel Unit owner shall be reauired to orovide. at the
owners exoense. indeoendent certification by a mutually
agreed upon Hotel Insoector. of the Hotel Unit's
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compliance with the Operating Standards and the terms and
conditions of the Development Agreement. as amended.
including. but not limited to. Exhibits E. F and N. In
addition to remedies available bv law. the Citv shall have
the right to prohibit use of and access to anv unit that is not
operated to the Operating Standards until such time as the
owner of such unit demonstrates to the reasonable
satisfaction of the Citv that unit is in compliance with this
section.
bl1 .^JI other hotel units shall be licensed as a public lodging
establdlment, classified as a hotel or resort condominium with
occupancy limited to stays of thirty (30) days or less. No hotel unit
shall be used as a primary or pennanent residence.
2.1.2 The Other Areas of the Hotel. including the front desk.
shall be operated bv a single. licensed operator of the Hotel.
2.1.3 No Hotel Units shall be used as other than overnight
accommodations as provided in the Land Development Code. nor
shall any Hotel Unit be used as a primarv or permanent residence.
2.1.4 As used herein, the terms "transient occupancy;"~ "public
lodging establishment;"~ "hotel", "resort condominimum, and
"operator" shall have the meaning given to such terms in Chapter
509, Part I, Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel
developed on the Real Property shall be closed as soon as
practicable upon the issuance of a hurricane watch by the National
Hurricane Center, which hurricane watch includes Clearwater
Beach, and alll=lBtelunits owners and their guests and invitees and
all hotel guests, visitors and employees~ other than emergency and
security personnel required to protect the resort Hotel (as
designated bv the Developer and/or its hotel operator) shall be
evacuated from the Hotel as soon as practicable following the
issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the terminology employed to warn
of the approach of hurricane force winds, the closure and
evacuation provisions of this Declaration shall be governed by the
level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in
order to ensure that theinsure that all units owners and their guests
and invitees and all hotel guests, visitors and employees will be
evacuated in advance of the issuance of a forecast of probable
landfall.
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14. Easement. DeveloDer shall Dfovide a Dublic Dedestrian access easement 10
feet wide within the northern-most bav of the Proiect extending from Coronado to Gulf
View Boulevard. Such easement shall include: a horizontal Dole or gate at the east end of
the easement which is long enough to restrict Dublic vehicular traffic unless lifted as
necessarv. but not so long as to overly imDede Dublic Dedestrian traffic: aDDroDriate signage
indicating that the area permits Dublic pedestrian access: and approDriate lighting for Dubhe
Dedestrian traffic. The easement shall remain in Dlace until Second Street is ODen. The
access easement shall not be used for general Dublic vehicular through traffic. but will be
used bv vehi~ular traffic directlv associated with the project.
15. Not\vithstanding any other provision contained in the Development
Agreement including but not limited to Exhibit Band H ;the Project shall not include any
curb cuts onto South Gulfview except that in the event that Second Street (also know as
Relocated First Street) is not constructed; then one curb cut on the the north portion of the
Project shall be permitted as shown in Exhibit.
SIGNATURE PAGES TO FOLLOW
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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 , 2005 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 13
TAMP 399167,13991679
.
.
Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT CaMP ANY,
L.L.C., its sole manager
(Witness Signature)
Print Name:
Neil J. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of , 2005, by
Neil J. Rauenhorst, manager of NJR Development Company, L.L.c., sole manager of Crystal
Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select
one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
TAMP 39916713991679
.
.
Document comparison done by DeltaView on Wednesday, November 30,2005
8:21 :24 PM
Inppt:
Document 1
Document 2
Renderin set
iMana eDeskSite://t adms1/TAMP/399167/1
iMana eDeskSite://tpadms1/TAMP/399167/9
Standard
Legend:
Insertion
Deletion
Moved...[i'orn
Statistics:
Count
Insertions 65
Deletions 53
Moved from 5
Moved to 5
Style chanqe 0
Format changed 0
Total changes 128
"
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Wells, Wayne
Friday, January 06,200612:25 PM
Akin, Pam
RE: Crystal Beach DA amendment
Thanks
-----Original Message-m-
From: Akin, Pam
Sent: Friday, January 06, 2006 10:50 AM
To: Wells, Wayne
Cc: Dewitt, Gina; Clayton, Gina; Dougall-Sides, Leslie
Subject: RE: Crystal Beach DA amendment
that section is deleted. Canopy will be permitted to the extent allowed by ordinance and permitted by engineering.
-----Original Message-----
From: Wells, Wayne
Sent: Thursday, January OS, 20064:36 PM
To: Akin, Pam
Cc: Dewitt, Gina; Clayton, Gina; Dougall-Sides, Leslie
Subject: RE: Crystal Beach DA amendment
Pam -
Just confirming there are no new exhibits to the Development Agreement.
My concern comes from the original submittal on July 21, 2005, that included a Section relating to the canopy on
the east side of the building over the air space of Coronado Drive, with an Exhibit 1 and Exhibit 2. This Section is
not included in the most recent draft, nor any exhibits.
Wayne
-----Original Message-----
From: Akin, Pam
Sent: Thursday, January OS, 20064:22 PM
To: Wells, Wayne; Dewitt, Gina; Clayton, Gina
Cc: Dougall-Sides, Leslie
Subject: RE: Crystal Beach DA amendment
We will do a clean version for signature. The version you have with strike through and underline is so the
Council can see the changes. I am not aware of any new exhibits or paperwork.
-----Original Message-----
From: Wells, Wayne
Sent: Thursday, January OS, 20063:55 PM
To: Dewitt, Gina; Clayton, Gina
Cc: Akin, Pam; Dougall-Sides, Leslie
Subject: RE: Crystal Beach DA amendment
Gina -
Do you have a "cleaned-up" version of the Development Agreement that only includes the existing
language of the Sections being amended with the strike-through for existing language being deleted and
new language underlined, or the new proposed Sections underlined? Also, do you have any exhibits to
the DA? These are what I need to send to the CDB (and I assume to City Council).
Additionally, since I have the official folder for this case, if any additional paperwork submitted to your
office and any emails could be forwarded to me, I would appreciate it.
Wayne
1
1\
.
.
-----Original Message-----
From: Dewitt, Gina
Sent: Thursday, January 05, 20069:38 AM
To: Wells, Wayne; Clayton, Gina
Cc: Akin, Pam; Dougall-Sides, Leslie
Subject: Crystal Beach DA amendment
<< File: 00005075.rtf >>
Attached is the current (and hopefully final) amendment. If there are any changes I
will forward them to you as soon as possible. Pam is still awaiting comments.
2
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Wells, Wayne
Wednesday, January 11,200610:44 AM
'Carl Wagenfohr'
Clayton, Gina; Watkins, Sherry; Pullin, Sharon; Castelli, Joelle Wiley
RE: revised Hyatt agreement exhibit F
~
Draft #3 (Draft
sent to the CD...
Carl -
Attached is the amended Development Agreement in its totality that is being sent to the
CDB and City Council.
Wayne
-----Original Message-----
From: Carl Wagenfohr [mailto:carl@clearwatergazette.com]
Sent: Wednesday, January II, 2006 10:22 AM
To: Clayton, Gina; carl@clearwatergazette.com; Wells, Wayne
Cc: Castelli, Joelle Wiley
Subject: RE: revised Hyatt agreement exhibit F
Wayne,
I need this before noon if you can manage it.
Thanks. . . Carl
-----Original Message-----
From: Gina.Clayton@myClearwater.com
[mailto:Gina.Clayton@myClearwater.com]
Sent: Wednesday, January II, 2006 8:02 AM
To: carl@clearwatergazette.com; Wayne.Wells@myClearwater.com
Cc: Joelle.Castelli@myClearwater.com
Subject: RE: revised Hyatt agreement exhibit F
Wayne - can you provide or is this actually being revised?
-----Original Message-----
From: Carl Wagenfohr [mailto:carl@c1earwatergazette.com]
Sent: Tuesday, January 10, 2006 8:03 PM
To: Clayton, Gina
Cc: Castelli, Joelle Wiley
Subject: revised Hyatt agreement exhibit F
Gina,
Please send me the revised exhibit F of the Hyatt development agreement.
Thanks.. .Carl
1
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Wells, Wayne
Thursday, January 05,20063:55 PM
Dewitt, Gina; Clayton, Gina
Akin, Pam; Dougall-Sides, Leslie
RE: Crystal Beach DA amendment
Gina -
Do you have a "cleaned-up" version of the Development Agreement that only includes the existing language of the
Sections being amended with the strike-through for existing language being deleted and new language underlined, or the
new proposed Sections underlined? Also, do you have any exhibits to the DA? These are what I need to send to the CDB
(and I assume to City Council).
Additionally, since I have the official folder for this case, if any additional paperwork submitted to your office and any emails
could be forwarded to me, I would appreciate it.
Wayne
-----Original Message--m
From: Dewitt, Gina
Sent: Thursday, January 05, 20069:38 AM
To: Wells, Wayne; Clayton, Gina
Cc: Akin, Pam; Dougall-Sides, Leslie
Subject: Crystal Beach DA amendment
<< File: 00005075.rtf >>
Attached is the current (and hopefully final) amendment. If there are any changes I will forward
them to you as soon as possible. Pam is still awaiting comments.
1
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Dewitt, Gina
Thursday, January 05, 2006 9:38 AM
Wells, Wayne; Clayton, Gina
Akin, Pam; Dougall-Sides, Leslie
Crystal Beach DA amendment
~
00005075.rtf
Attached is the current (and hopefully final) amendment. If there are any changes I will forward them
to you as soon as possible. Pam is still awaiting comments.
1
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Delk, Michael
Thursday, January 05, 2006 11: 14 AM
Wells, Wayne
FW:
FYI.
mid
-----Original Message-----
From: Akin, Pam
Sent: Thursday, January 05,200611:11 AM
To: Simmons, Margie
Cc: Delk, Michael; Brumback, Garry; Arasteh, Mahshid; Wilson, Tina
Subject: RE:
We are not required to accommodate their staging needs and should not make any accommodations which impair our
schedule. If we do, it should be by amendment to the D.A,
-----Original Message-----
From: Simmons, Margie
Sent: Thursday, January 05, 2006 11:08 AM
To: Akin, Pam
Cc: Delk, Michael; Brumback, Garry; Arasteh, Mahshid; Wilson, Tina
Subject: RE:
I have reviewed and have the following comments:
Page 5 - #7 - Section 5.03 paragraph 2 is amended to read. . . . .
By changing the date to 12/31 - we tie up the $6,000,000 that is sitting in the project for "just in case" until that
date. $2,000,000 is General Fund, $2,000,000 is from the Central insurance Fund and $2,000,000 is from
the Parking Fund.
Prior to this change - those funds could have been returned and used for other purposes on 3/6/2006.
Page 7 - Section 5.04 and 5.05
There are many references to us completing the project by certain dates - however, I am concerned that they are
trying to tie our hands with regard to construction staging, etc. - that may prevent us from totally completing the project
Is there anyway to protect us from this?
-----Original Message-----
From: Akin, Pam
Sent: Thursday, December 15, 2005 2:07 PM
To: Stephen J. Szabo (E-mail)
Cc: Delk, Michael; Brumback, Garry; Arasteh, Mahshid; Simmons, Margie
Subject:
<< File: 00005075.rtf >> This is the most recent version Michael you will be interested in the Cabana language on
page 3. All please give you comments and requested changes ASAP
1
.
.
Hyatt Development Agreement
S ubi ectlRecommendation:
Review and APPROVAL of an amended Development Agreement between Crystal
Beach Capital, LLC (the property owner) and the City of Clearwater (previously
approved DV A2004-00002 by City Council on December 2,2004).
Summary:
. The subject properties total 1.63 acres and are located between South Gulfview
Boulevard and Coronado Drive at Third Street. It is located within an area
identified for a catalytic project by Beach by Design and is a priority candidate for
redevelopment on Clearwater Beach.
. The applicant has been approved under FLD2004-07052 (approved by the CDB
on November 16, 2004) to construct a hotel of 250 rooms (153.37 rooms/acre on
total site), 18 attached dwellings (11.04 units/acre on total site) and a maximum of
70,000 square feet (0.98 FARon total site) of amenities accessory to the hotel, at
a height of 150 feet (to roof deck). This project has been approved to utilize 207
rooms from the density pool created in Beach by Design.
. The vacation of Third Street and the east Yz of South Gulfview Boulevard was
approved by City Council on March 1, 2001, but is not effective until actual
construction of the hotel begins.
. The City Council originally approved a Development Agreement for this property
on March 1, 2001 (DA 01-01-01), which was amended on December 2, 2004
(DV A2004-00002).
. The applicant is proposing the following revisions to the approved development
agreement:
Adds a definition for "operator," "hotel operator" or "single hotel
operator" to indicate who is responsible for the daily operation of the
hotel, provision of hotel services and the maintenance of the hotel
amenities and hotel units. (Section 1.01)
Amends the scope of the project to account for projected vacancy rates
and enable the hotel unit owners greater flexibility to use the hotel units
when the hotel units might otherwise be vacant, leading to greater use of
the hotel amenities and facilities. (Section 2.03 and Section 2 of Exhibit F)
Modifies the construction start date so that it is the same as the outside
date for commencement of construction under the vacating ordinances for
Third Street and S. Gulfview Boulevard. (Various Sections)
Amends the terms and provisions for the operation of concessions on City
property west of S. Gulfview Boulevard, as part of the beach landing
portion of the pedestrian overpass. (Section 5.04, paragraph 7)
.
.
Amends the City's obligation regarding the construction of South
Gulfview Boulevard and Beach Walk improvements based on the 100%
drawings by Post Buckley. (Section 5.04, paragraph 1)
Amends the developer's obligation regarding the payment of the pro rata
share of the costs of the South Gulfview Boulevard and Beach Walk
improvements. (Section 5.05, paragraph 5b)
Provides for a public pedestrian access easement 10 feet in width within
the northern-most bay of the project from Coronado Drive to South
Gulfview Boulevard.
. The proposal is in compliance with the standards for development agreements and
is consistent with Beach by Design.
. The Community Development Board (CDB) is scheduled to review the proposed
applications for the amended Development Agreement approval at their meeting
on January 17, 2006.
1-
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.
~ Clearwater
u
Interoffice Correspondence Sheet
TO:
BILL HORNE, CITY MANAGER
FROM:
MICHAEL DELK, PLANNING DIRECTOR
RE:
CRYSTAL BEACH CAPITAL, LLC
PROPOSED DEVELOPMENT AGREEMENT
DATE:
JANUARY 4, 2006
Crystal Beach Capital, LLC has purchased the property formerly known as the Beachwalk
Resort, LLC on Clearwater Beach and has a pending application to make revisions to the
previously approved development agreement. The Community Development Board will review
this application at its January 17, 2006, meeting and the Planning Department will report the
results of that review at the January 19, 2006, meeting of the City Council.
With regard to the Development Agreement, the applicant proposes changes to the existing
Agreement in several areas as described below. The City Council has the authority to review
and make a decision on these changes.
1. Adds a definition for "operator," "hotel operator" or "single hotel operator" to indicate
who is responsible for the daily operation of the hotel, provision of hotel services and the
maintenance of the hotel amenities and hotel units. (Section 1.01)
2. Amends the scope of the project to account for projected vacancy rates and enable the
hotel unit owners greater flexibility to use the hotel units when the hotel units might
otherwise be vacant, leading to greater use of the hotel amenities and facilities. (Section
2.03 and Section 2 of Exhibit F)
3. Modifies the construction start date so that it is the same as the outside date for
commencement of construction under the vacating ordinances for Third Street and S.
Gulfview Boulevard. (Various Sections)
4. Amends the terms and provisions for the operation of concessions on City property west
of S. Gulfview Boulevard, as part of the beach landing portion of the pedestrian overpass.
(Section 5.04, paragraph 7)
.
.
5. Amends the City's obligation regarding the construction of South Gulfview Boulevard
and Beach Walk improvements based on the 100% drawings by Post Buckley. (Section
5.04, paragraph 1)
6. Amends the developer's obligation regarding the payment of the pro rata share of the
costs of the South Gulfview Boulevard and Beach Walk improvements. (Section 5.05,
paragraph 5b)
7. Provides for a public pedestrian access easement 10 feet in width within the northern-
most bay of the project from Coronado Drive to South Gulfview Boulevard.
All relevant city departments including Planning, Public Works and Legal have reviewed this
project in great detail and based on their concurrence, the Planning Department recommends
approval of this development agreement as prepared and presented to the City Council. Thank
you.
cc: Garry Brumback, Assistant City Manager
Pam Akin, City Attorney
Mahshid Arasteh, Public Works Administrator
Geraldine Campos, Interim Economic Development Director
Margie Simmons, Finance Director
f
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.
.
Page 1 of2
Wells, Wayne
From: Clayton, Gina
Sent: Tuesday, January 03, 2006 10:37 AM
To: Delk, Michael; Wells, Wayne
Cc: Thompson, Neil
Subject: RE: Proposed Sundial Plaza Plan
We need to make sure that access from the public parking garage spaces to this area is convenient and well
planned.
-----Original Message-----
From: Delk, Michael
Sent: Thursday, December 29, 2005 9:37 AM
To: Wells, Wayne
Cc: Clayton, Gina; Thompson, Neil
Subject: FW: Proposed Sundial Plaza Plan
FYI. This seems to be a better alternative than the bridge if it is permittable.
mid
--mOriginal Message--m
From: Brumback, Garry
Sent: Thursday, December 22, 2005 10:41 AM
To: Akin, Pam; Quillen, Michael; Horne, William; Arasteh, Mahshid; Campos, Geraldine; Irwin, Rod; Delk,
Michael
Subject: FW: Proposed Sundial Plaza Plan
This is what NJR has proposed in lieu of the pedestrian bridge. I told them that it was a
change to the development agreement and would need council approvaL.and there are
permitting issues because it is west of the CCCL.
Let me know your thoughts and I will pass along.
Garry Brumback, ICMA-CM
Assistant City Manager
(727) 562-4053
n---Original Messagemn
From: Chris Bastas [mailto:chris@njrdevelopment.com]
Sent: Thursday, December 22, 2005 10:36 AM
To: Brumback, Garry
Subject: Proposed Sundial Plaza Plan
Christopher D. Bastas
Director of Development
1/19/2006
f
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.
.
Page 2 of2
NJR Development Company, LLC
101 E. Kennedy Boulevard
Suite 2125
Tampa, Florida 33602
813-226-9897 (tel)
813-226-8747 (fax)
Cbri.~@ojrc1~Y~Jqpm~nt.<::Qm
W,^,W.Qql,lflJ~flr~$Qrt.<::Qm
1/19/2006
..
)
.
.
Wells; Wayne
From:
Sent:
To:
Cc:
Subject:
Keenan, Stacy
Tuesday, January 03, 2006 10:08 AM
Clayton, Gina; Dewitt, Gina; Dougall-Sides, Leslie; Wells, Wayne
Diana, Sue
RE: Please review CDB cases 01-17-06
Just as an FYI, these ads have already been advertised.
-Stacy Keenan
-----Original Message-----
From: Clayton, Gina
Sent: Tuesday, January 03, 2006 10:06 AM
To: Dewitt, Gina; Dougall-Sides, Leslie; Keenan, Stacy; Wells, Wayne
Subject: RE: Please review CDS cases 01-17-06
Wayne - can you review? thanks.
-----Original Message-----
From: Dewitt, Gina
Sent: Friday, December 23,20059:40 AM
To: Dewitt, Gina; Dougall-Sides, Leslie; Keenan, Stacy; Clayton, Gina
Subject: RE: Please review CDS cases 01-17-06
I just checked with Pam, and she said none of the building rights are changing in this amendment.
The rooms & units per acre, and square feet of amenities is something that would have come
from the development order, and needs to be confirmed with Planning. She also said to make
sure that the 70,000 square feet of amenities is correct and that it includes the cabanas. These
are not issues she worked on at all.
-----Original Message-----
From: Dewitt, Gina
Sent: Friday, December 23, 20059:32 AM
To: Dougall-Sides, Leslie; Keenan, Stacy
Subject: RE: Please review CDS cases 01-17-06
The agreement specifies 250 hotel units and 18 residential units, but the other information is
not in either the amendment or the 2nd amended and restated development agreement. I'm
not sure where to find that info.
-----Original Message-----
From: Dougall-Sides, Leslie
Sent: Thursday, December 22,20055:14 PM
To: Keenan, Stacy; Dewitt, Gina
Subject: RE: Please review CDS cases 01-17-06
Importance: High
Stacy, these have the required elements.
Gina D., can you review the DVA2004-00002A for addresses and correct info re no. of units, etc.?
<< File: DVA2004-00002A 229301 Gulfview Blvd 230300304 Coronado Dr.doc>>
-----Original Message-----
From: Keenan, Stacy
Sent: Thursday, December 22, 2005 10:07 AM
To: Dougall-Sides, Leslie
Cc: Diana, Sue
1
#'
Subject:
Importance:
Ie review CDB cases 01-17-06
High
.
~
Leslie:
Please let me know if these Development Agreement ads are okay. If there are any changes, please
let Sue and myself know as soon as possible. I would like to have all the advertisements sent out late
today or tomorrow 1 st thing in the morning for review.
<< File: DV A2004-00002A, 229&301 Gulfview Blvd & 230,300&304 Coronado Dr.doc>> <<File:
DVA2004-00004A, 2506 Countryside Blvd.doc >>
Thank you,
Stacy Keenan
Clerk Specialist - ORLS
(727)562-4097
2
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Delk, Michael
Tuesday, January 03,20065:10 PM
Wells, Wayne
FW:
-----Original Message-----
From: Akin, Pam
Sent: Thursday, December 15, 2005 2:07 PM
To: Stephen J. Szabo (E-mail)
Cc: Delk, Michael; Brumback, Garry; Arasteh, Mahshid; Simmons, Margie
Subject:
~
00005075.rtf
This is the most recent version Michael you will be interested in the Cabana language on page 3. All
please give you comments and requested changes ASAP
1
.
.
D~H-"'3
PREPARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
, 2005
TAMP _J99167, 1 ~9JJiZ~9
.
.
TillS FIRST AMENDMENT TO SECOND AND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT (the "Amendment") is made as of this
_ day of , 2005 (the "Effective Date"), by and between THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and
CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the
"Developer") .
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in
title, are parties to that certain Second Amended and Restated Development Agreement
as recorded in O.R. Book 13996, Page 2409, Public Records of Pine lIas 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, in consideration of the sum of $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Developer agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
~2. Capitalized Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such terms in the Development Agreement.
1 Definitions: Section 1.01 is hereby amended to add the following definition:
The term "ooerator." "hotel ooerator." or "single hotet operator" shall each mean thesi~
~mtLt-y-under whose name the Hotel i~ ooerated and who is resoonsible for the dailv
ooeration of the Hotel lobby, frol1t desk->- M~~ti!!g Space. ballrooms. hotel restaurants. and
all other oublic areas ofthePJ'~~ct and who is solelv resoonsible for the orovision of Hotel
services (e.g.. room service and concierge s~nris;g~lJl!lclmaint~Jl~Il~~=an~L9j;>~ratian~f all
HQte1.am_eniti~_~.
;h4, Paragraphs 1. 2 and 4 of Section 2.03 of the Development Agreement-are
amended as follows and new subparagraphs 6. 7 and 8 are added to the end of Section 2.03:
2.03. Scope of the Project.
1. The Project shall only include public parking, private parking,
resort hotel, residential and retail uses and appropriate accessory
uses and shall be developed in substantial conformity with the
preliminary plans of development which are attached as Exhibit B.
The Project Site is a "Community Redevelopment District,"
pursuant to the Pinellas County Planning Council's Rules which
Page 2
TAMP _J99167.1399i6L9
.
.
authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - at least 400 spaces.
a-cb. Private parking -at least 350 spaces.
a-cc. Hotel: -.rl+e.lletelshan~i+1E+tl{le-n{Hll{)ftY:fllin-t\V&flHm:lfedftftv
(.2S0)-.hotetHHtt-s-f'li','htclr-ll1u.y...he..Slrbrrfittei:i-t()tOHCkHntntUlll'{}\Vllefs!*p;-,
L Units (Rooms) ThcHotcl shall mcludc no more than two
hundred fith \ (\vhich be submitted to condominium
C\\nershi p )[indiYiduallv each a "Ho.1d.llnif'~l1d__ collectivelv the "Hotel
Units").
HI. Other Areas - The l::futeL.shalLinclude a mInImum of
twenty thousand (20,000) square feet of Meeting Space and other
amenities accessory to the Hotel, including, but not~ limited to restaurants,
bars, exercise and spa facilities, beach club, outdoor recreation space,
storage, back office and administration areas and other functional elements
relating to the Hotel, including not more than twenty five thousand
(25,000) square feet ofretailJrestaurant floor area. Of the hotel units, 209
are Hotel Unit Pool units, which shall be required to be submitted to a
rental program rcquiring that such unit bc availablc for ovcrnight hotel
guests on a transicnt basis fDr no fcwcr than 330 days in any calendar year,
subject to ._._.+t}FCernajet.H'e~.:'veBts.-l11al",ing-sH€tlH*Hns.HHavailable-41)f
f,ccupancvandsubieft.-.!ti rtlwFto the right{}fthe'E}f'1eFatErF-!HfeffiOVesHcfl
FiXH115,from...seF\...!i:'e..asH0c;essHfvh+assUFet'ttmphaHDe{}fsl:lt hH)OmS--w~th
the npemttngstandHFd{\fsHCh operator. tnOrdefloaSSttFe-+heh~gh{tHahty
resmtexpeFtelKetaHed-ftH'-tindertlrisAgreetll{:'Hlcitf1 such units, as '.vell as
the units not representing bonus units, shall be operated by a single hotel
opcrator who shall mcct thc requircmcnts as to opcrating standards sct
forth in Exhibit N of this L^~grccmcnt. In addition, the cabanas as shown
on the approved site development plan, will be accessory facilities which
are not available for rental as overnight accommodation, contain no beds
or pull-out sofas, will only be made available for use by hotel guests or
beach club members and when not rented to hotel guests, access to the
cabana will be prohibited between the hours of 1 a. m. and 6 a. m. II
d. Residential Units - not more than 18 units.
2. Nothing shall preclude the Developer from developing or operating
all or ~J1QI1Lon of the Project elements using any ownership format
permitted under Florida Statutes including individual ownership
formats in-~ On~,QL.-more condominiums. provided that the
Page 3
TAMP _399167,1399167,9
.
.
requirements as to availability for transient occupancy and as
tetherejs a single hotel operator set forth inas defined herein and
all HQt~LUnits are QQeraJed in comoliancewith thisAgreement.
4. Notwithstanding any other proyision of this Agreement, no
occupancy in excess of thirty (30) days per stay shall be permitted
in any hotel unit which is developed as a part of the Project. In
addition, no hotel unit shall be used as a primary or permanent
residence and each unit from the Hotel Unit Pool shall be required
to be available to transient hotel guests all Hotel UnitS,shall be
licenseci as a 12ublicJodging facifuy in accordance with Florida
Statutes. Cha12ter 509. No Hotel Unit shall be occupied bv the
ownerQrgll~st oftheapj)licable HoteLUnil {the "Unit O\yner") for
!DQf~thg,Q1Q~onseclltiye days oer stlly. When not occup_ied by the
Unit Owner. the aOPUfable Hotel Unit shall be made available for
n~nrnL to th~__J2.11blic f~lransient occuoancy as overnight
ac_corpmodations, 'E:llch HoteLUl1itshall be made available tothe
QUblicovernight accgmmodations for no fewer tha_I1 305 days in
any__calendar yeaL su})ject to ,[orce _majeure events making such
[QQ!mLJ!Il~Yi:lilable for _m;,cuoancv and. subject to the,_ right ~.
hotel ooeratOJ tOu~!!!QY~~such_[9Q~tt<Ull service asne~essarv foX
m~int~lls:e_:~.o~l l.]l1jlmay be use~Lfor anv ourr>Q~e other
than overnight accommodations __as orovidedJ:)v the Land
DeveJ1u~ment Code"JndiYidualJ:lotel Units shaH not bexeqllired to
})e_l!!ili!~J1XSlilaple fOL..J~J1ti:ll to__tbepllblic as~..result of force
unavailable 1(>1' occupancy and
subj hotel operator to rC1110\(, such
to assure such
rooms the operating standard of such hotclQP~rator. Unit
Q1YJ}~r~~maYa.ftQn their QOWn behalf tQ.L~J)t their r_~~ctiYe Hol~l
Units Qr mav retain. either the.D~\,elooer ocaJhird oarty rental
a~ent tQ.pJ.ovide rental services.
L_~ln to assure the high quality resol1 experience called for
under this :\greement all 25QHotel Units shall be maintained and
QperaredJo~J)J~Tating standardS,set forth in Exhibit N of this
Agreell}~!!t.
7, DeyelooeL shall maintain a single front desk for the Hotel to
~r every Hotel U nit occupant. To assist the, City to monitor
the Unit Owners' comolianc;e with the laws and re~lations
~plicabk to such Hotel Units... the hotel ooerator will control
~_JQ=Cl.ll oLth~Hotel Units and will, Uj~on the written reauest
of the Cityc>. no more than once per vear" provide to the Citva
[~port detailing the total number <:If nights each Hotel Unit was
occuoieg and thenumber,ofnights eachHotel Unitwas occuoied
Page 4
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by the Unit Owner (or guest of the Unit Owner) and the number of
nights each Hotel Unit was occupied by a third party hotel guest.
~ All Hotelll!lit~~hq!Lb_~"r~~ired to be operated as described in this
Section ~:03, Prior to the issuance of a certificate of occupancy for
the resort Hotel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in
accordance with Exhibit F, limiting the use and operation of the
resort hotel unitsHotel Units and implementing this paragraph.
~ Section 3.01 paragraph 3 is amended as follows:
3.01. Land Development Regulations.
3. Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants to
Developer from the Hotel Unit Pool an additional two hundred nine (209)
hotel unitsHotel Units to the Project Site in accordance with applicable
law. The allocation of additional hotel units from the Hotel Unit Pool shall
expire and be of no further force and effect unless the Commencement
Date occurs on or before March 6,Q~(;~l1lber 3L 2006.
Ii Section 3.03 paragraph 2 is amended as follows:
3.03. Concurrency.
2. Reservation of Capacity. The City hereby agrees and acknowledges that as
of the Effective Date of this Agreement, the Project satisfies the
concurrency requirements of Florida law. The City agrees to reserve the
required capacity to serve the Project for the Developer and to maintain
such capacity until March 6,December 31. 2006 and that such period shall
be automatically extended for an additional three (3) years if the
Developer commences construction by March 6,Decem~L 2006. The
City recognizes and acknowledges that the Developer will rely upon such
reservation in proceeding with the Project.
]~ Section 5.03 paragraph 2 is amended to read as follows:
2. Project Site. In the event the Developer fails to commence
construction by March 6,Dece1JlQ~rJL 2006, at Developer's request the
City agrees to purchase the Project Site as described in Exhibit A at fair
market value, but in no event shall the purchase price exceed $6,000,000.
The fair market value shall be established by an appraisal process. The
appraiser shall be directed to establish the value of the property assuming
Third Street and South GulfView Drive are not vacated and disregarding
the additional development rights (209 hotel units) provided in the
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Development Agreement. The appraisal of the Project Site shall reflect
the higher of: (i) the highest and best use of such property at the time of
appraisal, or (ii) the value of the Project Site with existing buildings and
existing sixty-five (65) hotel units in place at the time of execution of the
Development Agreement (i.e. as existing in 2002, before demolition, but
valued at the time of the appraisal in 2006). The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer. In the event that the two (2) appraisals are
within twenty percent (20%) of each other, the fair market value shall be
the average of the two (2) appraisals. In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers, including the
list submitted by the Developer, and the third appraiser shall select among
the two (2) appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the property.
8. Section 5.04, paragraph 7 is amended as follows:
7. Concessions. The City shall grant the Developer authority to
operate concessions on land to the west of the existing centerline of South
Gulfview Drive, adjacent to the Project site, subject to any existing
franchise or concession rights and compliance with all requirements of the
City Code, and subject to a long term license agreement to be approved by
the City, substantially in the form as Exhibit K. The license agreement
shall be for a term of 50 years, commencing on the date the facilities are
available for use, and be subject to a right of termination by the City for an
uncured breach of a material obligation by the Developer. Such
concessions may include a facility open to the public which provides
towels, lockers, minimal beach sundries, and other beach gear required to
operate a first-class beach hotel, but not including benches, lounges,
umbrellas and side tables. Ihecon~~~_si911JacUity_shillL~~Jlo_mQI~ than
L2QQ~.mtare..feet MQL,b.l:uJQ higher!han.Qne~tQJ:y_9,nc.i~Lnot di~Ql(lY
the Il_am~H)'att _~Qr..~[ly'..QtheI hQlel-relat~(Lma[k~m 1h~ structure...Qf1be
f<lGility. AQ(jiti.Qnal~th~ p~rsons~\YQrlcing within the fa~illiJ1~haJ1WJ.~ar nQ
pins oL~JheJ"jdentiticationQeariI}g the naWeHY.attQL any. Qlh~I .. hotel-;
n~l.flted.J!151rk...=~=Such facilities shall be built into the beach landing portion
of the pedestrian overpass, as more particularly depicted on Exhibit H.
Notwithstanding the foregoing, in regard to beach chairs, lounges,
umbrellas, side tables and the level of services associated with the
provision thereof ("Beach Concessions"), the City shall retain the right to
utilize a concessionaire to provide said Beach Concessions. The City
agrees that the City concessionaire shall offer the Beach Concessions
which comply with the standards set out on Exhibit L, attached hereto and
made a part hereof If the City's franchisee fails to comply with the
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TAMP _J99167.1 ~99H?L9
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standards in Exhibit L Developer may send written notice to the City
specifying the non-compliance, after which the City has thirty (30) days to
cure said non-compliance. In the event that the non-compliance is not
cured within thirty (30) days, the City agrees that the Developer may
thereafter provide the Beach Concessions and shall retain all income
derived therefrom. If. theQev~lopeLaSSl!me~__CQll1r9LQf the..l!each
c:~oc~ssiQns>cPevelQPeLshal1 haY~ a .fLve y~earJermJQ9oeratectl}~13eac;h
C=on~~1isiQns..~~ubj~~t tQ~tbeJlrovisioos.. .=h~reinbelQ~,,-~c. ..... Ihe c Be~c.h
C_QDf~~~ions m~y beJocated.=only.on thaLporti9nQf th~.. beach_girectly west
Qfth.e~ PrQjecLSite..~Qd. as...~lefi ned.bYl.wo....paglleI.Jin~~run.niD&-f(.QITlJhe
I1QJthern-mostboundary ofthe)2[Qjectaood the~Quth~rn=most bouD.daJLOf
tQ~prgie.ct w;~&!toJhe rn~~Tlhigh \Vlll~Lmart.. F'l.lrther.Jher~shaU..be_no
iIl<iicatimLOIQranding 00 . c;hair.U~ab~. uIl1QreJJa~QLQther=siIlJ.l1arj1e111 s
.~91d.OL rent~(LfroI11Jh~ cQucession_fac;iJitybeario~.th~.Damel[yatLQr aQY
9!heL.hotel-r~l~ted.maxk If the Developer assumes control of the Beach
Concessions, and the City receives documented complaints that the Beach
Concessions are being denied to non-hotel guests, or if Developer fails to
comply with the standards set out in Exhibit L, the City may send written
notice to Developer specifying the non-compliance. In the event that the
non-compliance is not cured within thirty (30) days, the City may take
back the Beach Concessions.
9. Section 5.04 paragraph 1 is amended as follows:
5.04. City's Obligations.
1 South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of the
South Gulfview and Beach Walk Improvements. The City further agrees
to complete construction in accordance '-'lith the schcdule attached hereto
as Exhibit M. Thc City's utilization of the construction schedule in Exhibit
M is dependent upon paymcnt byof thatpql1ism9f S.QlJlh~GJJJfvjew=and
j3e(l..chjValk 111Jproy~_mentsab!.minz the. Pr~~tQ~l1~(L as..f.pase 1..i!J!d
flhilsce)I in.Jhe..Ma\'2".20Q~. Post a1J~kJ~y lQ_Q%Qrawings for Beacj1~aJk
b~Jlo=JaJe.r th(!J1..i~suaTlc;~Qf th~ CeItificat~9f Q.cClli2aDf-y-fQL1heYroie~t
<;~Qling~ntQILQ.aYIJ1~nt . Q~.. Developer of Developer's Pro Rata Share
(defined herein) and the Accelerated Construction Payment (defined
herein) to the City prior to the City awarding the construction bid,~Th~
<:itYllgre~S tll'lL i~suaDse... of th~Lc;~Ijific(lt~~f Qccuo~ncv..shalLn~t be
UnreaSQJlllD Iy .wit hh~ld, cQllilLtiQue<j or<l~laY~Q.
10. Section 5.05 paragraph 5 is amended as follows:
5.05. Obligations of the Developer.
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TAMP _3QQ167.13991m
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5. Cost of South Gulfview and Beach Walk.
a. The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair share
of the South Gulfview and Beach Walk Improvements as described
in subsection (b) below.
b. The Developer shall be responsible for a pro rata share of the cost
of the South Gulfview and Beach Walk Improvements, which shall
be equal to the net cost of the South Gulfview and Beach Walk
Improvements multiplied by a fraction in which the front footage
of the Project Site is the numerator and the total frontage along
South Gulfview and Beach Walk Improvements is the
denominator.
SPR = (F PROJ/F SGBW) x (CSGBW)
SPR = Pro Rata Share
FpROJ = Frontage of Project Site
FsGBW = Total Frontage along South Gulfview and
Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
The City has determined that the Developer's pro rata share is One
Million One Hundred Ninety Thousand Dollars ($1,190,000.00)
("Developer's Pro Rata Share"). In addition, Developer agrees to
pay the City an additional Two Hundred Eighty Thousand Dollars
($280,000.00) in exchange for the City's agreement to utilize the
specific construction schedule attachcd hereto as Exhibit
MCQIl!ptete constructign of thatQQ(tion of the South Gulfview ang
Beach W al.klnn>rovem~nts prior to th~jssuance of th~ Certificate
QL Occupancv for. the Proiect ("Accelerated Construction
Payment"). The City's utilization of the construction schcdule in
Exhibit Mobligation is dependent upon payment of Developer's
Pro Rata Share and the Acceleration Construction Payment to the
City prior to the City awarding the construction bid. The City
agrees to utilize best efforts to mcct the construction schcdule
spccified in Exhibit M recognizing that timc is of the esscnce.
comolete.c~Q~Jruction...Qf that oortionofJh~ South Gulfviewand
Beac.h.Walk ImJ1fov.~ments OCioc to the issuance ofthe.Certificate
of Ocwj)a!1CY for the P~~ct. The City ~ees to give Deve]QQer
notJe~~_lhan_=5=cla~ oriOLwritt~n notice of Jhe date the
Acceleration <:::-9!!S1D!9:illnc Pavment shall he due and oayabte,
hereundec_.Jf Developer's Pro Rata Share and Accelerated
Construction Payments are not made by April 1, 2005, the amount
Page 8
TAMP _J99167.1399167 9
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due will be increased each month by the Construction Cost Index
as published monthly by the u.s. Dept. of Commerce. Such pro
rata share shall be paid prior to issuance of the foundation permit
for the project.
c. In the event that any property which fronts on the South Gulfview
and Beach Walk Improvements is proposed for redevelopment
using the pool of additional resort units established pursuant to
Beach by Design, the developer of such property shall be required
to pay to the City a pro rata share of the cost of the South
Gulfview and Beach Walk Improvements as a condition of
development approval.
lL Section 5.05 paragraph 9 is amended as follows:
9. Commencement of Construction. The Developer shall commence
construction of the Project by March,December .3 I ~ 2006, and shall
thereafter diligently pursue completion of the Project.
ou." Section 7.02fB- paragraph 1 is amended as follows:
7.02. Construction.
1. Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence construction by
MarchJ:k~Q1Q~I312006 in accordance with Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of that part of
the Project as authorized by the Building Permit therefor which is
continued and diligently prosecuted toward completion of that part
of the Project.
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Garage Access
Improvements, shall be subject to delays and extensions from time
to time for Unavoidable Delay (see Article 15). The Developer
shall not be deemed to be in default of this Agreement to the extent
construction of the Project, or a part thereof, is not complete by
reason of Unavoidable Delay.
13. Exhibit F. Sections 2 of Exhibit F to the Agreement are deleted in their
entirety and replaced with the following:
Page 9
TAMP _J99167,13991Ql~
TAMP _J9916713991QL~
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2.1.1 The Hotel Units shall be restricted as follows;,^" minimum of
t'.vo hundred and nine (209) units, which is the number of hotel
units allocated to DEVELOPER, shall be used solely for transient
occupancy of thirty (30) days or less, must l:1eli€ensed as a-twbhc
lodgil=tg cstablishmcnt and classified as a hotel, and must be
operated by a single licensed operator of the hotel. No hotel unit
shall be used as a primary or permanent residence..
L 1'JQ Hotel..Unit~halL12~occupj~c.i byth~Jlnit Owner
Qrany otheL QCcupaI)LfQL.l!1Qr~.th~9c9nsecutive _clClJ'.~
~L~t(l'y.~When~:il,lc=b Hotel UojJ~are not being occupiedj2Y
!h~ir resp~=c.tixe own~Ls..-1b.~.HQre~llnilsnshall be m_a~e
ayaiJ<lble..~ to__..~the.. ~...1211b I i~......fQ.L.. .i~I!tlill .Q,~.J;tYJ:might
9s(;QIl1mQJlatioll~=(l~.Q~finedj!J...the C learwate.rComml.lnity
J::>evelopl)J~m.Code,=~The.Jj.Q!eLJlrli1Ln sh(ill be l!!a,ge
~yailable ....1Qthe . p~U.Qlil;=J9[. rentaL......as ovemi,Mt
~C:CQmmodaJllm_s for DQ...fewer thaJLJQ.5 day~==jnany
~lendaLy~ar .
HI. A1LHQ!eLUni.ts.shall be lIcensed as it publlC lodging
[(lci I ity_iTlC:l~QnLance.}\'i!h.l'lQ1-jd.q.;,~~~C:hapter 509.
HII. AllliilleI Units.shaILbemai!1tain~d.and ooerated to
t~~.. gperatimL.stanc.ianls (the.."Ooerating_StandardQ=~et
forth.iIl. Exhi~iLN .of thaL<:ert.a.i!LSef.9nJj..Amende~and
Re~lflt~cl~12eVelQpmeJ)L=A~reemenL as=. recQrdeg ilJ=Q. R.
BJ)Qk 13..22~. PageZ4Q2. Pul:>lj~J3,eCQrds ....Qf piIteJlas
C~unty, FIQrid.a~C1be ':J::>eveIQJ2Illent AgreeIl1~O.t"). Owners
Qf the. Hoteljlnils maYll(;tOD th~iL()\ynbehaJit.o rent thei~
respectiv~J.mits or m~XJoCtaiJl. eith.er.lh'yQeveloper or. a
thi[sl. pC:lrtYJenlaI ageOLt.Qd1royig~.r~ntaL~~ryifc~s.-how.eYeI.
in ....such~}'enL the. o.w!le[~ of Jh~o..Ji()J~1 Units, shjlJll:Le
(~sponsible~foL~ompliE-nce ~\\Iitb.Jhe OoeLating Stan.darci~
anQ.the~.._terms andc<:.QmlitioIJsccQfothe.. Q.~veloJl!!JeI}t
Agreementc>o~a.s ..amend~=<ij!1clu<iLng..ubul....I1QLliIDj1.ed.. tQ,
I;ohibits E,Iill1d N,.VJ2.o_nJ-equ~~LQLtbe CitY..,.theJ:l()t~J
llJ1it nOwner sh~lL be.r~-q.uiredtQ .pfQyide. at thc..oQ>>,oers
expense, jn~LependentcertificatiQDnP'ya ml1.tJlallv a,greed
~Qon HoteLlospector, ofJhe. Hote11LIJ.if.~coI11J).!iallfe..with
th~eDpemtil1K S tanndarcl~ua.rlcl the te~lllLa..nc1co nqi!iQr1sof the
DeYelQQillentj\greeme~IIL.~gS ame.mled... il1c1LJcii~pll.t not
limjled to.. J::xbibits.Un~IlJiI\LcJp additi.Q=IlnJ~edjes
available byJ~\\I, the.C.i1x.~~hall hay~_th~Jight to.Jll"ohibit
\J.~e of and. aCfe.ss to...anLlJ.nitJhatis nOLQPer~ted lQJhe
QperatingStandcardSJJDtil =~lich.tiI]1e~s the. QWIl~r OL~Il.e,:b.
Page 10
.
.
unit. <lemgnstnltes Jo.the rea~onaQlesjl!isfactiQI) .91Jh~~ City
thatunit is iI1comJ21i!lIl(;~-,vittl this .section.
bU All other hotel units shall bc liccnsed as a public lodging
establishment, classificd as a hotel or resort candaminium with
accupancy limitcd to. stays afthirty (30) days ar lcss. No. hatel unit
shall bc used as a primary ar pcrmanent residcnce.
2.1..2.._Ih~. Otheri\re3cLof Jh~Jfoj~cjnc1ugiI1R theu front4~~k.
~hl;llLbe operl;lted l:>~~ingte> li<;~ns~dillJ~ratQf of the HQtet
2.1.3 No.. I!pteL U nitsc..~hall. be~.c.~ed...a.~-~th~r tha,nQv~rnigh!
aC~QIJ1lI1Qda.tiQll~~rQ",iQ~d in the Land DeyelaomeIlj Cad~ nos
shalL'!!1Y HotelJ)nit be. u.s~d a~AJ2riIJJ.aJ:Y. or oerm-,ln~IltreAkl~nce.
2Jc'c4.~As used herein, the terms "transient occupancy,", "public
lodging establishment,"> "hotel", "resort condominimum, and
"operator" shall have the meaning given to such terms in Chapter
509, Part I, Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel
developed on the Real Property shall be closed as soon as
practicable upon the issuance of a hurricane watch by the National
Hurricane Center, which hurricane watch includes Clearwater
Beach, and all Hetell-Wit~.~wneJB. aTl.d their..~~sts._andjnviteeS..~Qd
Cl]Lhgtel guests, visitors and employees, other than emergency and
security personnel required to protect the resort HoteI~s
de;:;igpated by the~nevelm2~r~llQ!OLi1.shoteLooerCltor) shall be
evacuated from the Hotel as soon as practicable following the
issuance of said hurricane watch. In the event that the National
Hurricane Center shall modify the terminology employed to warn
of the approach of hurricane force winds, the closure and
evacuation provisions of this Declaration shall be governed by the
level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in
order to ensure that theil)~1tre that.CllLunits Q~ner~ and..:tbeir gu~t~
a.pd i!;tyiJeesu~'1d aU hotel guests, visitors and employees will be
evacuated in advance of the issuance of a forecast of probable
landfall.
] 4 ,Constru~tiQn~LS~GuJiyicw Curb .Cuts~L1USKED IETIIJSlS. STILL
____ _._._.._.~.. __ .... _________..._______.. _. "'_-0'-" _ _.___oo___oon____ _______________ ____ ..,.__,,_..____m__________.... ',"'_..____.
~l'LlS.SUI:::=..ANILIlIJ1'll(S~lIE . ...Q",T\J.12ELEEl The. .J2fLrti~s~kIl~wlGd~~~~
discr~nc~xist:t=bctyy.&cn~= PJa1llicand~$pcciJicutiQilll fQLJhc =.FJOi~mLlbc PQst
I3ucklID'.. pl~ fOLtbc.. CJlPstn~i:onQ(l3cachwalk-yvit~ard.JQ . th=~=dc~~~tructiQn
flI)d pl9..<;eU1~t OL~lJIl:>_Qlli.JQL1b~cPmicct along S.outh. Qulfvi~Boill~yaaLi\c~rdil}gly >
thc Pl!I1icSlicknmYl~dgundagrGc tbat th~plan~ilnd.~~tioJlLfQ~~~='iiill
Page 11
TAMP _399167,1 ::3c99Jg9
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govern the design",-construction and placement of the curb cuts for the Project on South
Gulfview BoJJlc-'iardc'
14: Easement. Develooer shall J?rovide a 12ubli_c Iledestrian access easement I 0
feet wide within the northern-mostl?ay of the Prole<.:lnextending frol}l Coronado to Gulf
View Boulevard. Such easement shall include:. a horizontal pole or gate at the east end of
the easement which is long enoJ!gh to restrict oublic vehicular traffic unless lifted as
necessarv. but not so long asJo overlv im12~de public oe.de~lrian traffic: approoriate sign~
indicating that thee_area oermits oublic oedestrianCj.ccess: and aoprooriate lighting for oublic
~strian traffic., The easement shall remain in olace until Second Street is ooen. The
access easement shall not be used for ..gel1eral oublicyehicular through traffic. but will be
used ID'yehicular traffi~ directlv asso<.:iated withJhe oroiect
SIGNATURE PAGES TO FOLLOW
TAMP _ JQQ167, 139916l~
Page 12
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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 , 2005 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 13
TAMP _ 399167, 1 ~.991~
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Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT COMP ANY,
L.L.C., its sole manager
(Witness Signature)
Print Name:
Neil 1. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF IDLLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of , 2005, by
Neil 1. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal
Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select
one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
TAMP _399167, 1 ~~t61Jl
.
.
Document comparison done by DeltaView on Wednesday, November 30, 2005
8:21 :24 PM
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iMana eDeskSite:/It adms1ITAMP/399167/1
iMana eDeskSite:/It adms11T AMP/399167/9
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~ .2....
PREPARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
,2005
TAMP _39916713~~ill.9
.
.
TillS FIRST AMENDMENT TO SECOND AND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT (the "Amendment") is made as of this
_ day of , 2005 (the "Effective Date"), by and between THE CITY OF
CLEARWATER, FLORIDA, a Florida municipal corporation (the "City") and
CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the
"Developer") .
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's predecessor in
title, are parties to that certain Second Amended and Restated Development Agreement
as recorded in O.R. Book 13996, Page 2409, Public Records of Pine lIas 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, in consideration of the sum of $10 and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the City and the Developer agree as follows:
1. Recitals. The foregoing recitals are true and correct and are incorporated
herein by reference.
+C2. Capitalized Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such terms in the Development Agreement.
:i. DefinjtiQn~:~tiCli(m J ,Ql~heteb'y ~I]l~n~~dJJ2altd_tll~fgUmrin,gQeJinj1iQ!1:
Ihe~rm'~()~r~tOJ ::"hQteI~p~mtoL'~Or.,"siI)gl~hQteJQI)cratQr': shall _ea<.:b ,meaI1Jh~csingle
~ntitY,un\kLwJlO~e~nameJh~ EIQ~Lis.c. QpeLat~danQ._who_j~ [~sJ2Qnsil;>I~JOLJh~ ,Qi:lUy
QP~rfltio.nQf1h~ tlQtel19Qby,frollt ~desk~Jy1~e1il}g=S~c~~baUJQQms,=h~telr~slaID"~Q.ts~. allQ
aILo.lbeLPJJblic~ar~a~()[theprQje~t g.n9 whQ i~csQleJyJ:e~QP~blefQrJh~moyisjQjLQ[ Hotel
~e(Yi~e~c{~,g~ (0.01)1 ~e(Yi~e, housekeeping service ancLCQnQerg~ser\dc~sLal1d 1)1~.n~~llilm:;~
angQP~atiol) mall IjotetameuitLes and maintence of the Hotel Units~
M. ~Paragraphs L 2 and 4 of Section 2.03 of the Development Agreement-is
are amended as follows and new subparagraphs 6. 7 and 8 are added to the end of Section
2.03:
2.03. Scope of the Project.
1. The Project shall only include public parking, private parking,
resefl hotel, residential and retail uses and appropriate accessory
uses and shall be developed in substantial conformity with the
preliminary plans of development which are attached as Exhibit B.
The Project Site is a "Community Redevelopment District,"
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TAMP _J99167, 1 ~91.67 Jl
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pursuant to the Pinellas County Planning Council's Rules which
authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on
the Project Site shall be:
a. Public Parking - at least 400 spaces.
a-:-b. Private parking -at least 350 spaces.
a-:-c. Hotel: ......'rlle..lk)tel5h:itl.j...~I}cltHJe..lK~..n1efethan-t-vrt+llundred.fthy
(2Sfl}.+ H}t.ej....uHilS...{.wh.J{:h- ..IHHV ...!Ote...SUbHrttted....tf) .('OI1(fOHtftltUHtt1\VnefShti3-),
L Units (Rooms) shall include no more than lv\o
hundred 11 Il()tel units (\vhich be subrnittcd to condominium
ov\nershipKindivid!lall~~h a "Hotel Unit" and. collec.tivelv the. "Hotel
!).ni1s"1
Hi. Other Areasc.~-.IJ1~Qtel shall include a mmlmum of
twenty thousand (20,000) square feet of Meeting Space and other
amenities accessory to the Hotel, including, but not.. limited to restaurants,
bars, exercise and spa facilities, beach club, outdoor recreation space,
storage, back office and administration areas and other functional elements
rclatedre1ating to the Hotel, including not more than twenty five thousand
(25,000) square feet of retail/restaurant floor area. Of the hotel units, 209
are Hotel Unit Pool units, which shall be required to be submitted to a
rental program requiring that such unit be ayailable for overnight hotel
guests on a transient basis for no fewer than 330 days in any calendar year,
subject to ..f;)rce ..+nai euFe....eveHls,rnakingsHGhrt.}(tHbUnavaila-hle-!(}f
IJ(j.'l-ljJitHCY . Hlld.Stlbi-ect . l+Jrt hel ....tothefight.iJfthe+TjJeHlft)f-fOrenttWe sue-Ii
ltteoperatiHgstandard (}fsuch operator. In HFderh+a55UFt"'lhelligh-qHality
resotleX:iJefieH{:ecaHedti:iFUndeHhisc\gree+neHtaHsuch units, as 'Nell as
the units not representing bonus units, shall be operated by a single hotel
operator who shall meet the requirements as to operating standards set
forth in Exhibit N of this 1^...grecmcnt.
d. Residential Units - not more than 18 units.
2. Nothing shall preclude the Developer from developing or operating
all or portions;:! Dortion of the Project elements using any
ownership format permitted under Florida Statutes including
individual ownership formats in one or more condominiums.
provided that the requircmcnts as to availability for transient
occupancy and as totheJe.is a single hotel operator set forth inas
Q.~fined her~nand~<ll1 tl9telJ) nits are operated jn complia~with
Section 2.03(1) (c) are satisfied.~bis AgreeIllent.
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4. Notwithstanding any other provision of this f\grecment, no
occupancy in exccss of thirty (30) days per stay shall bc permitted
in any hotel unit which is developed as a part of the Project. In
addition, no hotel unit shall be used as a primary or pcrmanent
residence and each unit from the Hotel Unit Pool shall be required
to be available to transient hotel guests andIQihe cxtent (~uired
ID'~i<;~!2!LIID-v>c~llIJI-{QteLJJllit~shal1 he Ji~~l1se_d as (l..lbublj<;(
lQQgin~ fl:l&ililY.jn ~G.Qrdl;l,nc~\~TitlLflgjiq'ac Stqtlltes, ChClpt~509=
NQJ:IoteLUIlit~l1~lbe~~Qc<;lW~cLbLth~cow~r or guest of th~
ID2121ic;ilbl~~Hotd!lJ1i1 (tue_"UnitOwneOc Jor l11QJ~__thaI).JQ
conse~ti",eillty~p~stay,= \YhennQJ Q<;CJJ1)iedhY th~. Unit QwneL,
th~~P121icllbk I-iotdlLni(.shillll1eIllac!~~\'ill1able for rental to the
public [ill...JransientoccUjlancyas overnight accommodations.
Each Hotel Unit shall be made available to the public overnight
accommodationsJQ[ nQ.f~wc~ t11JltLJ05dJlys_!n any_c~lendaLyear.
subiect to force maieure events making such rooms unavaible for
occupancy and subject to the right of the hotel operator to remove
such rooms from service as necessary for mantenance ,~QJjotel
IJni1jJ1aYc12~us~il=foL~ny PMn2~tSt Q1h~r~hanccJ)y~nigh1
a_cc;QJl1Olociatilln.s aSc.l2royidegl2Y Jhe_Lan~Ll)ey~IQ12JJ1<mt CQ~c~
lDpivic!tlaLl:-IotcLUn~shJlI.Ln()-Lbc~.r~~QJQ~~.=ln~~)llil~~
fOr re.QtallQ..1hc..puhli~as=a.~.~MJtQ[.fu[(:~~~~Jllimaki!lg
sucJ1LQoms.Jlna~'ail~111~ [QL.Q.<;~\JPtlI1~flllcl4Ybi~~L1iL~LjQ~e
righl..oLtheJ1Qtel_c.QP.~rltlQL.lltr~J:Il~U~JQQm~jlm!L~~.Dic;Q..Jl~
~t'<;~ssg,rY~Q="lssprc~c;fLmplitl!lceof..~u~hLooms---"'\fi1h..lh(,LoI29!Jlting
~~mdaLd ~Qf...~lJclLJ1QtcLo~rl!tOI=.c- .11 nil. OWller '4maYJl<;t 91! their
QWll b~.ha.lf. t9 rent 1b.err r~p~~ctiye HQleI :Unils.ormaYJ~l~in_ei1be(
tbe~p~velop~r9ra .tbi[fl paftj' I.:enillL~ag~:mLto~pr.QviQecn~1l1ql
~eI)'!.ces.
6~ In ordCI to d';sur,,' the high ljlwjity resol1 expericnce called j()!
under this'\grcclllcilL a11 ~5iL.fiotel JlQitsshaLL~e_Il1ainla,iQk(land
QPeLat~.to Jhe.Qp~ating2tapd~lrd~ s~J.Qrtb inExhibitl'J.Qflhis
~g~ement.
7=Qe~IQPeI shalL mJlin!~ioa~~sing~ fron1 <tes.lLfQ[.the._HilteLtQ
Legi.ScteLe~ery tIs>teI.Unit o.~~ulliWt. ...IQas~ist lhecCj~tQm~nitQr
the.~_VJ1iL. O~l1er~:~comJ2Ji,mce~ith~jhel{lW~.n an<t. r~ulat!g.n&
@olic'Lbl~J~ s~h H.Qt~I_Unit~...the~=hQtel ol1~~tor w.i1l. control
~cc~ss.J:oilll~f1heJ1QteL!Jnits~ndwiU,_u~D tbe written r~uesl
QLth~j=~i1Y,.nQ_lllQre~thaJlQ.oce~r-Year,J2foviQ~..to ..the.. City~
~PQrL.det~iliDgJh~ tQlalJl.IJj)1Q~rQflli~hts_ea,~ I3.Q~I. ll.l1jJ . .wa~
QC~lJpieQJln(.Lth~illUl1J1eLPCnightseacb Ijol~ Unit. wa~Qccucie_<!
IDr-1beJJoil Qw~r.!or~Uest~qhe ]Jnjt Owner~nd t~!!UmbeLOf
nigbts~ach Hotel llnitwa~.Q~cuJJi~nQJ'_a JhirdpClrtyhoteLg\.lest
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TAMP _399167.1 ~91.R7..~
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8~__ AUJioteLlJnits;;hallbeI~~i\Ji(ed to be operated as described in this
Section 2.03(1)(c).2.Q}. Prior to the issuance of a certificate of
occupancy for the resort hotc1H9tel, the Developer shall record a
covenant and restriction which is enforceable by the City,
substantially in accordance with Exhibit F, limiting the use and
operation of the resort hotel unitsHQ~LUDit~ and implementing
this paragraph.
5, 4:-Section 3.01 paragraph 3 is amended as follows:
3.01. Land Development Regulations.
3. Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants to
Developer from the Hotel Unit Pool an additional two hundred nine (209)
hotel unitsHotel IJnits to the Project Site in accordance with applicable
law. The allocation of additional hotel units from the Hotel Unit Pool shall
expire and be of no further force and effect unless the Commencement
Date occurs on or before March 6,pec~mberJJ~ 2006.
g, *-Section 3.03 paragraph 2 is amended as follows:
3.03. Concurrency.
2. Reservation of Capacity. The City hereby agrees and acknowledges that as
of the Effective Date of this Agreement, the Project satisfies the
concurrency requirements of Florida law. The City agrees to reserve the
required capacity to serve the Project for the Developer and to maintain
such capacity until March 6,Q~<;~J]lbeL3J, 2006 and that such period shall
be automatically extended for an additional three (3) years if the
Developer commences construction by March 6,P~~rnl?er JJc> 2006. The
City recognizes and acknowledges that the Developer will rely upon such
reservation in proceeding with the Project.
7, 6:-Section 5.03 paragraph 2 is amended to read as follows:
2. Proiect Site. In the event the Developer fails to commence
construction by March 6,DeSY01Q~I 31~ 2006, at Developer's request the
City agrees to purchase the Project Site as described in Exhibit A at fair
market value, but in no event shall the purchase price exceed $6,000,000.
The fair market value shall be established by an appraisal process. The
appraiser shall be directed to establish the value of the property assuming
Third Street and South Gulfview Drive are not vacated and disregarding
the additional development rights (209 hotel units) provided in the
Development Agreement. The appraisal of the Project Site shall reflect
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the higher of: (i) the highest and best use of such property at the time of
appraisal, or (ii) the value of the Project Site with existing buildings and
existing sixty-five (65) hotel units in place at the time of execution of the
Development Agreement (i.e. as existing in 2002, before demolition, but
valued at the time of the appraisal in 2006). The appraisals shall be
conducted by two (2) appraisers retained by the City. One of the
appraisers shall be selected from a list of qualified appraisers submitted to
the City by the Developer. In the event that the two (2) appraisals are
within twenty percent (20%) of each other, the fair market value shall be
the average of the two (2) appraisals. In the event that the appraisals differ
by more than twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers, including the
list submitted by the Developer, and the third appraiser shall select among
the two (2) appraisals which in the opinion of the third appraiser most
accurately represents the fair market value of the property.
li. +.-Section 5.04, paragraph 7 is amended as follows:
7. Concessions. The City shall grant the Developer authority to
operate concessions on land to the west of the existing centerline of South
Gulfview Drive, adjacent to the Project site, subject to any existing
franchise or concession rights and compliance with all requirements of the
City Code, and subject to a long term license agreement to be approved by
the City, substantially in the form as Exhibit K. The license agreement
shall be for a term of 50 years, commencing on the date the facilities are
available for use, and be subject to a right of termination by the City for an
uncured breach of a material obligation by the Developer. Such
concessions may include a facility open to the public which provides
towels, lockers, minimal beach sundries, and other beach gear required to
operate a first-class beach hotel, but not including benches, lounges,
umbrellas and side tables. Il1~u.~n~e~~iQn. f,!ciJi1y.~h~Llb~ nQll1Q~ thgl1
L200~llu.~re feeb. MOL" I.J~ I1~c high~rth(lnQtlec~Q~~J}d~balLIlQtdis12l(,lJ'
the .I1arn.e .BJ'illt =Qr ~n~.Qilie1..h()tel__relatedmarl(Q!1 iheJtructl,lre~()Lthe
f~ilitl'~AdditiQDall)', the ~rson.~.WQrkinlLwithin the_f~cjlity shallw~ar DQ
p.inS~~QLQth.ec.icl~Tltif~c.(lj:i()1l ~arinKJM....I1_am~JjYl!!t OC~!'ly.J)th~LhQte.k
r~la~d.~rnark..~.. Such facilities shall be built into the beach landing portion
of the pedestrian overpass, as more particularly depicted on Exhibit H.
Notwithstanding the foregoing, in regard to beach chairs, lounges,
umbrellas, side tables and the level of services associated with the
provision thereof ("Beach Concessions"), the City shall retain the right to
utilize a concessionaire to provide said Beach Concessions. The City
agrees that the City concessionaire shall offer the Beach Concessions
which comply with the standards set out on Exhibit L, attached hereto and
made a part hereof If the City's franchisee fails to comply with the
standards in Exhibit L Developer may send written notice to the City
Page 6
TAMP _399167.1 ~916Z..!;l
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specifying the non-compliance, after which the City has thirty (30) days to
cure said non-compliance. In the event that the non-compliance is not
cured within thirty (30) days, the City agrees that the Developer may
thereafter provide the Beach Concessions and shall retain all income
derived therefrom. _ If the Develooer assumes control of the Beach
Concessions~12eveloQer shall have a five year J~rm to ooerate the Beach
Concessions. subkct totheJll:Qy~ions hereinbelow. FOLPu1l1oses hereof.
thc facilities shall onlv aoolv to The Beach CQn~~ssions may be located
only on that portion, of the beach directly west of the Proiect Site and as
defined by two parallel lines running from the northern-most boundary of
the proiect and the southern-most boundary of the proiect west to the mean
high water mark. bounded. on the north bv thc westcrlv extensiongf the
north boundary line of the Proiect Site. bounded on the south bv the
'v'iesterlv extension of the south b()JlnOO line of the Proiect Site. bounded
Q!L1bJL~Lby the mean high water line of the Gulf of MexiQ{Llmd
QO!lnded~he east bv the \vesterlv right of way line of South GlllfY~ew-,
~~~~h1~~v is relocated in accordance with the South Gulfviev.'
and Beachvialk Imoroyements. FurtheL ther~shall be no indication or
Qrilndil!&CQ!Lchaj[~bl~ umbrellas or othersilllilaritellls~QIQ or rented
from the~ssillnJacilityJlearjng.tU~I1aI11e Hyatt or any other hotel-
[dated D:la(~ If the Developer assumes control of the Beach Concessions,
and the City receives documented complaints that the Beach Concessions
are being denied to non-hotel guests, or if Developer fails to comply with
the standards set out in Exhibit L, the City may send written notice to
Developer specifying the non-compliance. In the event that the non-
compliance is not cured within thirty (30) days, the City may take back the
Beach Concessions.
9. &:-Section 5.04 paragraph 1 is amended as follows:
5.04. City's Obligations.
1 South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of the
South Gulfview and Beach Walk Improvements. The City further agrees
to complete construction in accordance '.vith the schcdulc attachcd hcreto
as Exhibit M. The City's utilization of the construction schedule in Exhibit
M is depcndent upon payment bYQLtha.tJ1Q!1iQu_clSQuth Gulfview and
Beach Walk Imorovements abutting the Proiect defined as Phase I ang
Phase II in the May 2. 2005 Post Bucklev 1 00% Drawi~ fQr Beachwalk
bv no later than issuance of the Certificate of Occupancy for the Proiect
contingent onL2ID2!1~I1t_bj' Developer of Developer's Pro Rata Share
(defined herein) and the Accelerated Construction Payment (defined
herein) to the City prior to the City awarding the construction bid. The
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CitYJ~ee~thatjss'yaIlCe~ofth~~ C~rtifi.cCl!~ of_Qccujbam;y s}mlLpot be
~nreasQnaQlywithheld,.~o'lditiQTl~d occlel~.eQ.
10" 9:--Section 5.05 paragraph 5 is amended as follows:
5.05. Obligations of the Developer.
5. Cost of South Gulfview and Beach Walk.
a. The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair share
of the South Gulfview and Beach Walk Improvements as described
in subsection (b) below.
b. The Developer shall be responsible for a pro rata share of the cost
of the South Gulfview and Beach Walk Improvements, which shall
be equal to the net cost of the South Gulfview and Beach Walk
Improvements multiplied by a fraction in which the front footage
of the Project Site is the numerator and the total frontage along
South Gulfview and Beach Walk Improvements is the
denominator.
SPR = (F PROJ/F SGBW) x (CSGBW)
SPR Pro Rata Share
FpROJ = Frontage of Project Site
FSGBW = Total Frontage along South Gulfview and
Beach Walk Improvements
CSGBw = Net Cost of South Gulfview and Beach
Walk Improvements
The City has determined that the Developer's pro rata share is One
Million One Hundred Ninety Thousand Dollars ($1,190,000.00)
("Developer's Pro Rata Share"). In addition, Developer agrees to
pay the City an additional Two Hundred Eighty Thousand Dollars
($280,000.00) in exchange for the City's agreement to utilize the
specific construction schedule attached hereto as Exhibit
MCQJJ)ylet~. CQD~Il1~tiQn of th_aLYprtiQBofth_e S~LlthGulfri~\V {Wd
Be.'ls:h.1Yal1:\ IQJ.m-o~emeQt~ .12SiOI.tO the .j~~.UE:IlC~ ofJ~CertifI~~t~
~L=QccucR~Il~Y.~. fQf.J.h~.Project ("Accelerated Construction
Payment"). The City's utilization of the construction schedule in
Exhibit MQPligatio.D is dependent upon payment of Developer's
Pro Rata Share and the Acceleration Construction Payment to the
City prior to the City awarding the construction bid. The City
agrees to utilize best efforts to meet the construction schedule
specified in Exhibit M recognizing that time is of the essence.
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<.;Qll1pl~te~0J1~trn~tioIL oJJh~tYQrtjQnQf the SouthGulfyie~w~I1d
BeaJ;b~~l;lJkJmJ2r.ovement~J2[iorJQJ~ j~~uance of the Lertifikat~
QfQc~~l}tt,m~Jorcthej>rQj~Gt Th~City ames to~ye.De",-el~eI
not less~h~IJj.Jla~~~Jior. writtenu_nQtiC~=QLJhe date tb~
A=c~~l~ati~m= C..Qn~IUction Pakrne.nt 2hilllJJe .clue and llilJ'ab.L~
her~\ln~deL. If Developer's Pro Rata Share and Accelerated
Construction Payments are not made by April 1,2005, the amount
due will be increased each month by the Construction Cost Index
as published monthly by the U.S. Dept. of Commerce. Such pro
rata share shall be paid prior to issuance of the foundation permit
for the project.
c. In the event that any property which fronts on the South Gulfview
and Beach Walk Improvements is proposed for redevelopment
using the pool of additional resort units established pursuant to
Beach by Design, the developer of such property shall be required
to pay to the City a pro rata share of the cost of the South
Gulfview and Beach Walk Improvements as a condition of
development approval.
U. W:-Section 5.05 paragraph 9 is amended as follows:
9. Commencement of Construction. The Developer shall commence
construction of the Project by March,Decell1h~r lL 2006, and shall
thereafter diligently pursue completion of the Project.
12. -l-l-:-Section 7.02f-lt- paragraph 1 is amended as follows:
7.02. Construction.
1. Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence construction by
MarchQ_ec~mQe[] 12006 in accordance with Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction" means
commencement of meaningful physical development of that part of
the Project as authorized by the Building Permit therefor which is
continued and diligently prosecuted toward completion of that part
of the Project.
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
continuation of construction in regard to the Garage Access
Improvements, shall be subject to delays and extensions from time
Page 9
TAMP _J99167, 1 ~9!:l~
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to time for Unavoidable Delay (see Article 15). The Developer
shall not be deemed to be in default of this Agreement to the extent
construction of the Project, or a part thereof, is not complete by
reason of Unavoidable Delay.
12.
13. Exhibit F. Sections 2 of Exhibit F to the Agreement are deleted in their
entirety and replaced with the following:
2.1.1 The Hotel Units shall be restricted as follows;"^' minimum of
1'1.'10 hundred and nine (209) units, \.vhich is the number of hotel
units allocated to DEVELOPER, shall be used solely for transient
occupancy of thirty (30) days or less, musthettftlbe(}maSitpuhllt
lodglllg. establishment and classified as a hotel, and must be
operated by a single licensed operator of the hoteL No hotel unit
shall be used as a primary or permanent residence..
i, N~otloleLlLuiLsllitILb~ O~Cllpie<.Lbx.th~J)niLQwner
or any other occupantf~LmQr~thal! c3_QfO!!S~ClIJive da-y~
p~r ~t(lY.. ..~h~..~.c_h.lI.oleLEnit~ (![e.~nQj. ~iI1iUl.ccWli~(LQy
th.eiL r~specti\"eJ2wn~s, the Hotels Units shall be made
available to the public for rental as overnight
accommodations as defined in the Clearwater Commuinity
Development Code>c.!he:: The ~t2li~l:!bJelIoteLI)41ig;~haJl.b~.
11lad~avaitaQle to the public for rental as overnight
accommodations fQrJLaQsiCJ}ico~~~.iQLI1Q_f~",-~rJ:h~n
lQ~~aJ'sjn JlI1Y ~(ll~mlaL.YeaL
HI. T~...lh~~t.~l1t r~quir~<i~bX.Mmli~J:lQle=li;UYo'>cc. Alli!H
HQt~L.!Jlljt~shaU licene-cd as a public lodging facili!y in
ac;cQ[~aJl~e _wi1hflQrid~'/i11111t?~.Chjlpter 509~.
HII. A1L!lQ!~LlJl1ilil sJmjl.12e Illillntain~~n(LooerateqJQ
tlLe~lL~r~tiQg= sllinJia[d~_Uh~ :Q~ratLn~ Standards'l. .~.et
fQrtbiPl;;.(l1iQiL~ of tb~l. ~er:taiI1Sec;Qnd~AIDend~d~anq
R~sta~d~D=ev~lQPmeJ)t~.A.j?;r~ement=aLr~~Qfrk<.L il1.n~..
BJ)Q!< .....1 ~926~=~a~~2402,.Pllbli c._-R~_cord~..=oL.ri~lills
(4:>\.IDtx,. fl QridallQe"Devel()J)lI!el1t8.gre~m~Ili"tQ~I1~~
oi..t.h.e..lI<lteLUnilsID'lY.~LoQ. tbeirQ\Ynj)~h~l (JQ)'enllh~ir
r~sp~cliy~ .ynits ..oLm=='l~ r~tajneilh~r .1h~cQeyel()~r:~or=a
thirq RaI1Y LeQlaL agent 19..J~J<.L\'ideJentq)s~~1"Yjc~.~.JIQ\V~\T~r~
iI!m..~ll~=ey~nl Jb(L~w!l~~ ..QLth~~HQtel...lJuit~.shalLJ:>e
r~RQn.~ible.JQr ~Q.IJlpJiaDc~ with.lh~.. Qp~rajiug~SllinQ(lr}ls
a.I1d~.lbe=. terI)Js=~nci _conditi<ln~QLtbe=DeyeIQPJ1le=nt
A...gr~eI)Jent>. a..s. JVIleIlged, .... ilLc1Ycl!D~ QU1Q()Llimi1~cllQ.
l3.lChipi!s~,=F'=andJ'J== Upon request of the City, +h&-the
Hotel Unit owner shall be required to provide, at the
Page 10
TAMP _399167.1 ~99J67~
TAMP _JQQ167, 139~~~9
.
e
owners expense. independent certification by a mutually
agreed upon Hotel Inspector. of the Hotel Unit's
compliance with the Operating Standards and the terms and
conditions of the Development Agreement. as amended.
including. but not limited to. Exhibits E. F and NCitb~hall
have.Jhe rigbtJoanl}U~i~ct individual units to insure
~olUP liCl!lCC3fith.th~. Qpcr~lin&J;ti!!ldJllil~Q~QJ~~~LtlllU
tinhuoIL tht!!...i~~~ing..l!!all~d__J:)~_an.c~~ri!!Qr,,_QLhQt9~
JJl!~L=iL. .ll~tio!lal ..:brand . tlliltj~ ~Illli1I.LJ~g~.fd~Jl~
op9rating hotels at..a standardr~ded as being higher that
t..h~t!11illimllm...s!iLngt!Ld~qJJi!Qcl.~aA;i~hr~..glilIl1J1U.d...Ol
aMQhiLJ.~aLl1ot~l. shill1!lQlll~~hl~.t~JlIJQl.i!!LIlll~l
inspcctiQRJn addition to remedies available by law. +he
the Cit~.h1l1Lha~~Jhe right..to.j:)rohibit use of and acceSB. to
~ny~uIliL that is~noL opj~rat~<i t~L th~Qll~ratingSta!ldaJd~
!Jntil..su~h.tLn:l.~_ as.. the owner gfj)llch unit demonstrates to
theJeq~Qn(lQle satisfaction of the~itv that ~t IS In
COillPliall.c~ \\fi.th the O~at~StaIldardsthis section.
2.1.2 All other hotel units shall be licensed as a public lodging
establishment, classified as a hotel or resort condominium with
occupancy limited to stays of thirty (30) days or less. No hotel unit
shall be used as a primary or permanent residence.
2.L2 ...Ih~..other.Ar~iLs of th~HoJ~I,jl1Clucii~tlle. fmnt..Qesk",
~hallheQ~rat~d b~a ..~LI1.g~lic~n~ed .QR~rat~rillJhe H\ttel.
2.1.3 !'l.a HQ1~..jlnit~...sllil.11..... be~.us~d_a.~~Qth~.LllLan....ov.~might
accommodations aS~j)rQyidedjn th.e Landl)ey;~JQPIl1ent Code. nor
spall any IiQteL!Jnitbe!1~ed aS~j)rimar~9rj:)eIm(l1l~ntLesiQence.
2.LLl ..=As used herein, the terms "transient occupancy,", "public
lodging establishment,", "hotel." "resort condominium," and
"operator" shall have the meaning given to such terms in Chapter
509, Part I, Florida Statutes (2004).
2.2 Closure of Improvements and Evacuation. The Hotel
developed on the Real Property shall be closed as soon as
practicable upon the issuance of a hurricane watch by the National
Hurricane Center, which hurricane watch includes Clearwater
Beach, and all HetelYIlj!~ QFner~aQdtheir~~sts(lndjI;lyjle~s a.nd
alLhot~l guests, visitors and employees, other than emergency and
security personnel required to protect the reset1;l:!Qtel ...~
de.signatedJ2Y lh~j)e",-eloR~r apd/QLits hotel operatQU shall be
evacuated from the Hotel as soon as practicable following the
issuance of said hurricane watch. In the event that the National
Page 11
.
.
Hurricane Center shall modify the terminology employed to warn
of the approach of hurricane force winds, the closure and
evacuation provisions of this Declaration shall be governed by the
level of warning employed by the National Hurricane Center
which precedes the issuance of a forecast of probable landfall in
order to ensure that theinsll[~th~t all Ul}jjS_OlYl1~[S and th~iuuests
(mdjnyit~s~ncl al1l1~teJ guests, visitors and employees will be
evacuated in advance of the issuance of a forecast of probable
landfall.
l.A. CQustructiOD_oLSouth GuLfview CurbCut~_LPAM_ASKED-1F_THlS_ IS
___. ____.__...._~._. ...._~.. ...._____.____.______.__... ,_______..._________ _u_________ _,__,__._____ .___.___ .______________..,_,._.u...______
STILL.. AN1.SSlJli.j~I'Ud. Tl:illiKS WILC.AN D.El.ETEl Ih~arti~s~.cknQwle~~uhat.Jl
dis<:L~aI}J;L~xist.s...Q~t~~l!Jhe_PJa-l1s~mLSJ)ecjfi cation~Jol~ the Jlrme,g ..and th~~.J>.Q.S1
~ucl<leJ'_~lansJoL~_~.slru~tiolLQf. Re.a~h\-V~lk wj1hxegard to thedesign.LcQnstru~tiQQ
andpla<:.~m~l1tQf~\Jdtcuts forJh~Pr9j~~t alQng _S.oulhG!Jlfyi~W .Boulevard, .~~cQ(dil}gbl"
th~p~rties ~cknowleggeand. ~re_~.thatth~~PJal1s!:l!!d~p~citkatio~_f.QLlbe ~rme~lwiU
gQYem lbyll~sjgl1,c.Qnstru<;itiol1 a~ndJ}lafemel}l of the <:;.ur\:LClj.tsJoLthe ..Ploi~ct orLSsmJh
GuJfxie\y BOlJJevard~
l+ 15. Ea~em_eDt. .. D~y~lQ~eLsh~l1l1rQyid~aJ111~Jic p~Qegrian ac<;~.ss easem~nLIQ
fe~L~ide within th~ n9rth~[Il-molitQClbQLth~ProiecL~xtending.f[Qm~Qna90. to Dulf
Yiew=BQlJlev~U:Q....Sl)fh~~sem~I1tl'halljnclyd.~:....~-.hQrizonJal.R.Qle or.gate...aLthe east~.ndQi
th~.~a~~menLwhLc.h is lQugenoJli.lQ tQJestrictJtubIL~y~icular ...traffic un~.~~liftesL"a~
oesessarJ', . Q.ut [lotSQJQnga.~to oy_e.rlx. impe.sle-J2ub.lic.J)~q~stIiallJ@ftic;MJJ2LQQria.1~mmag~
i n4i~<!tin~ tb.a.t.1h~~re.a .R~rmiUJ1uJ:>1 i~l1~e~tri~Q ~<;c~.ssJtnda-PPIQPriat~.lighting.fQr.~!.lh]j c.
pede~rianJra.ffic.~I.h~_ eaS~ru~ouhaJIJ~rlgin inplafe untilli_econA. Streetjs o~.en. ...Ihe.
(l~_esj;..~a~emenLshall nQtQ.eus_~<ifQr~ne[i:lLPll~lic y~ic.!1Jar thrQl.!,gl1 trafflf...bytwillbe
us_ed!>y .~.ehjC\JJarjJClmc ..di(ect1Ya.~so~iat~d~ith tbe J1[oject
SIGNATURE PAGES TO FOLLOW
Page 12
TAMP _J99167, 1 ~9912.7,~
.
.
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 , 2005 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 13
TAMP_3991€i7,1~.9
.
.
Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT COMP ANY,
L.L.C., its sole manager
(Witness Signature)
Print Name:
Neil 1. Rauenhorst, its Manager
(Witness Signature)
Print Name:
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of , 2005, by
Neil 1. Rauenhorst, manager of NJR Development Company, L.L.C., sole manager of Crystal
Beach Capital, LLC, a Florida limited liability company, on behalf of the companies. He [select
one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
TAMP _399167,139,9167,9
.
.
Document comparison done by DeltaView on Wednesday, November 30, 2005
8:21:24 PM
Input:
Document 1
Document 2
Renderin set
iMana eDeskSite:/It adms1ffAMP/399167/1
iMana eDeskSite:/It adms1 ff AMP/399167/9
Standard
Legend:
Insertion
Deletion
M{}ved.tt:f}l11
Moved to
Style change
Format change
Moved deleli\ \!1
Inserted cell
Deleted cell
Moved cell
Split/Merged cell
Padding cell
Statistics:
Count
Insertions 65
Deletions 53
Moved from 5
Moved to 5
Style change 0
Format changed 0
Total changes 128
",.,'11 ' ~"''''#
" ....
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-'~':I.",.,
· Conditions Associated Wit1'
DV A2004-00002A
301 S GULFVIEW BLVD
The followina reviews are still pendina: Dept
Harbor Master Review Fire
Landscaping Review
Legal Review
Solid Waste Review Engineering
Zoning Review
Name
Downes Blackburn
Phone
562-4567 x3548
Bennett Elbo
562-4775
Engineering Condition Scott Rice 562-4781
08/23/2005 Comments on the Hyatt Development Agreement Amendment: Not Met
1) Item #4 Construction Start Date: Exhibit for Beach Walk construction start and complete dates
should also be updated.
2) Item #5 Construction of South Gulfview Curb Cuts: The approved site plan from many years
ago shows an on-site curb cut on Gulfview Blvd at the north property line - this assumes that
Second Street will not be available. Consequently, that is what was submitted with their
foundation permit.
During the Beach Walk design process, the City reached a point where we had to decide to
complete the design either assuming Second Street would be there or it would not. Once the
Council approved the development agreement with Patel the decision was made to proceed
assuming Second Street would happen. Consequently, we were aware and do acknowledge that
a discrepancy exists. Constructing Second Street and eliminating the Hyatt on-site curb cut is the
preferable option for both us and the Hyatt, however there will be a point in time when the Hyatt
starts vertical construction - most likely before the City needs Second Street for construction of
Beach Walk - that a final decision on the curb cut and Second Street will be necessary.
Recommend not accepting this paragraph since it is tied to availability of Second Street that we do
not control - but if we have to we could add the following language at the end of that paragraph -
"unless Second Street is made available in a time frame that elimination of the on-site curb cut
does not adversely impact construction of the Project".
3) Item #6 Canopy: Exhibit 2 was not attached, however Code Section 3-908 allows canopies to
encroach into a right-of-way subject to the following: Maximum encroachment of ten feet;
Minimum nine foot vertical clearance; No closer than five feet to the back of curb; and
Cantilevered with no supports in the right-of-way.
The proposed canopy has 14 ft. of vertical clearance and is cantilevered so it meets the first and
third criteria. It does not meet the other two criteria. The encroachment appears to be 24 ft. from
the face of the building. It is not clear from the exhibit if the face of the building is on the
right-of-way line, assuming it is. The back of curb of the Coronado Drive travel lane is 17 ft. from
the right-of-way. Consequently, it appears the canopy would extend 7 ft. over the road which is
not acceptable. The canopy should comply with the Code. Also, we obviously will not want any
liability relating to the canopy. We do not think an easement is the proper mechanism, we could
probably do it with a right-of-way permit.
Environmental Condition
08/23/2005
1) No Issues.
Not Met
Storm Water Condition
Elliot Shoberg
562-4748
08/23/2005
1) No Issues.
Not Met
CaseConditons
Print Date: 01/04/2006
Page 1 of 2
r
.
.
DV A2004-00002A
301 S GULFVIEW BLVD
The followina reviews are still pendina: Dept
Harbor Master Review Fire
Landscaping Review
Legal Review
Solid Waste Review Engineering
Zoning Review
Name
Downes Blackburn
Phone
562-4567 x3548
Bennett Elbo
562-4775
Traffic Eng Condition
Bennett Elbo
562-4775
08/16/2005
Proposed restaurant must be an accessory use only with no outside signage.
2. Include description of canopy vertical height clearance and how far into the City's right of way.
Canopy must not interfere with pedestrian and vehicular traffic.
Not Met
All of the above to be addressed prior to CDB.
Zoning Condition Wayne Wells, AICP 727-562-4504
08/07/2005 Provide a letter detailing the items being requested for amendment and the reason(s) for such
amendment.
Not Met
08/07/2005
Revise the application to indicate the parcel size as 1.63 acres.
Not Met
CaseConditons
Print Date: 01/04/2006
Page 2 of 2
.
.
Page 1 of 1
Wells, Wayne
From: Delk, Michael
Sent: Thursday, December 29, 2005 9:37 AM
To: Wells, Wayne
Cc: Clayton, Gina; Thompson, Neil
Subject: FW: Proposed Sundial Plaza Plan
FYI. This seems to be a better alternative than the bridge if it is permittable.
mid
-----Original Message-----
From: Brumback, Garry
Sent: Thursday, December 22, 2005 10:41 AM
To: Akin, Pam; Quillen, Michael; Horne, William; Arasteh, Mahshid; Campos, Geraldine; Irwin, Rod; Delk, Michael
Subject: FW: Proposed Sundial Plaza Plan
This is what NJR has proposed in lieu of the pedestrian bridge. I told them that it was a change
to the development agreement and would need council approvaL..and there are permitting
issues because it is west of the CCCL.
Let me know your thoughts and I 'will pass along.
Garry Brumback, lCMA-CM
Assistant City Manager
(727) 562-4053
-----Original Message-----
From: Chris Bastas [mailto:chris@njrdevelopment.com]
Sent: Thursday, December 22, 2005 10:36 AM
To: Brumback, Garry
Subject: Proposed Sundial Plaza Plan
Christopher D. Bastas
Director of Development
NJR Development Company, LLC
101 E. Kennedy Boulevard
Suite 2125
Tampa, Florida 33602
813-226-9897 (tel)
813-226-8747 (fax)
Cb..l~@oln:leyel oPIT]!3JJ.U:;o rT]
ww.\^L<:lglla learesQrt '-.G9ill
12/2912005
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Delk, Michael
Thursday, December 29,20052:21 PM
Wells, Wayne
FW:
~ t'-~~ ~ 0\.\')'\\. - ~
\~~L \....-~ ~ ~'1~
O~ ~ '=h~ 6.r~.so..Jj
fN'- c:;- ~ ~~\e-w.
\,tJ.UA.\\!
\ ~/LC; loS
Wayne - I think I can let Pam know we are ok with curb cuts correct?
mid
mnOriginal Messagemn
From: Delk, Michael
Sent: Monday, December 19, 2005 10:49 AM
To: Wells, Wayne
Subject: FW:
Wayne - I think we are ok at this point with the location of curb cuts for Hyatt correct? If so, I can sign off on this matter.
mid
mnOriginal Message--n-
From: Akin, Pam
Sent: Thursday, December 15, 2005 12:08 PM
To: Delk, Michael; Arasteh, Mahshid
Subject: FW:
I have not heard from either of you whether paragraph 14 is still an issue. (curb cuts) Please let me know if this issue is
resolved.
m--Original Messagenm
From: Akin, Pam
Sent: Thursday, December 01, 2005 3:22 PM
To: Stephen J. Szabo (E-mail)
Cc: Brumback, Garry; Arasteh, Mahshid; Delk, Michael; Dewitt, Gina
Subject:
fi[J
00005051.rtf
I am circulating the document with my comments to staff for review. There may be additional comments.
Please note that where you see highlighting there is an attached comment. I have changed language particularly language
relating to the limitations to stay to reflect our agreement and to comply with Beach By Design which limits all stays to not
more than 30 consecutive days. Please call if you have any questions.
1
~
.
.
Page 1 of2
Wells, Wayne
From: Brumback, Garry
Sent: Thursday, December 22,200510:47 AM
To: Akin, Pam; Horne, William; Irwin, Rod; Quillen, Michael; Arasteh, Mahshid; Delk, Michael
Subject: FW: Proposed Sundial Plaza Plan
I think they understand.
Garry Brumback, lCMA-CM
Assistant City Manager
(727) 562-4053
-----Original Message-----
From: Chris Bastas [mailto:chris@njrdevelopment.com]
Sent: Thursday, December 22, 2005 10:44 AM
To: Brumback, Garry
Subject: RE: Proposed Sundial Plaza Plan
Garry,
Just to c1arify...we understand that deletion of the bridge and landing area requires further approvals and
amendment to the Development Agreement. The purpose of this sketch is for City Staff to review and comment,
so that if we make an "official" request to delete the bridge and landing area, we have an alternative to present to
the decision makers that can be supported by staff. This sketch is only schematic - we are assuming that if it
ultimately comes to pass, PSB&J will take from schematic to CD's and include with the Phase II bid package.
Christopher D. Bastas
Director of Development
NJR Development Company, LLC
101 E. Kennedy Boulevard
Suite 2125
Tampa, Florida 33602
813-226-9897 (tel)
813-226-8747 (fax)
Chris@nirdevelopment.com
www.aqualearesort.com
From: Garry. Brumback@myclearwater.com [mailto: Garry. Brumback@myclearwater.com]
Sent: Thursday, December 22, 2005 10:38 AM
To: Chris Bastas
Subject: RE: Proposed Sundial Plaza Plan
Thanks...good luck today!
Garry Brumback, lCMA-CM
Assistant City Manager
(727) 562-4053
12/29/2005
k
.
.
Page 2 of2
-----Original Message-----
From: Chris Bastas [mailto:chris@njrdevelopment.com]
Sent: Thursday, December 22, 2005 10:36 AM
To: Brumback, Garry
Subject: Proposed Sundial Plaza Plan
Christopher D. Bastas
Director of Development
NJR Development Company, LLC
101 E. Kennedy Boulevard
Suite 2125
Tampa, Florida 33602
813-226-9897 (tel)
813-226-8747 (fax)
Chris@nirdevelopment.com
www.aqualearesort.com
12/29/2005
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Delk, Michael
Thursday, December 22, 2005 11 :03 AM
Wells, Wayne
Clayton, Gina; Thompson, Neil
Sir Wayne - FYI and thoughts/comments. I generally support the idea of moving away from the skybridge and like the
pedestrian plaza idea better. Obviously, it's a major change and will be dealt with accordingly. Please let me know what if
any comments you have or items that we need to point out them.
Thanks.
mid
~71
L::::-J
~.""
o
FW: Proposed FW: Proposed
Sundial Plaza Pia... Sundial Plaza Pia...
1
. -'
.
.
Page 1 of 1
Wells, Wayne
From: Brumback, Garry
Sent: . Thursday, December 22,200510:41 AM
To: Akin, Pam; Quillen, Michael; Horne, William; Arasteh, Mahshid; Campos, Geraldine; Irwin, Rod;
Delk, Michael
Subject: FW: Proposed Sundial Plaza Plan
This is what NJR has proposed in lieu of the pedestrian bridge. I told them that it was a change
to the development agreement and would need council approval...and there are permitting
issues because it is west of the CCCL.
Let me know your thoughts and I will pass along.
Garry Brumback, lCMA-CM
Assistant City Manager
(727) 562-4053
-----Original Message-----
From: Chris Bastas [mailto:chris@njrdevelopment.com]
Sent: Thursday, December 22, 2005 10:36 AM
To: Brumback, Garry
Subject: Proposed Sundial Plaza Plan
Christopher D. Bastas
Director of Development
NJR Development Company, LLC
101 E. Kennedy Boulevard
Suite 2125
Tampa, Florida 33602
813-226-9897 (tel)
813-226-8747 (fax)
Ch ris@njrdevelopment.com
www.agualearesort.com
12/29/2005
f"
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.
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Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Dewitt, Gina
Thursday, December 22, 2005 4:50 PM
Clayton, Gina; Wells, Wayne
Dougall-Sides, Leslie; Diana, Sue; Keenan, Stacy
FW: Res 06-06 Crystal Beach Resort DVA
Here is the resolution for the Hyatt DVA. I understand Wayne will be preparing the agenda item for
FYI.
mnOriginal Messagenm
From: Dewitt, Gina
Sent: Thursday, December 22, 2005 4:46 PM
To: Dougall-Sides, Leslie
Cc: Akin, Pam
Subject: Res 06-06 Crystal Beach Resort DVA
~
06-06.doc
Here's the resolution. Can you review in Pam's absence?
1
.
.
RESOLUTION NO. 06-06
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING AN AMENDMENT TO THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
CLEARWATER AND CRYSTAL BEACH CAPITAL, LLC
F/K/A BEACHWALK RESORT, LLC; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater is desirous of amending the Development
Agreement with Crystal Beach Capital, LLC f/k/a Beachwalk Resort, LLC that was
adopted by the City Council on December 2, 2004, by Resolution No. 04-35; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The Amended Development Agreement between the City of
Clearwater and Crystal Beach Resort, LLC. a copy of which is attached as Exhibit "An is
hereby approved.
Section 2. The City Clerk is directed to record the Amended 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 agreement.
Section 3. The City Clerk is directed to submit a recorded copy of the
Amended Development Agreement to the State of Florida Department of Community
Affairs no later than fourteen (14) days after the Amended 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. 06-06
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Clayton, Gina
Wednesday, December 21,2005 11 :20 AM
Keenan, Stacy
Vaughan, Karen; Diana, Sue; Goudeau, Cyndie; Dewitt, Gina; Delk, Michael; Wells, Wayne
Hyatt DVA
The Hyatt Development Agreement, which is also scheduled for the Jan. CDB will be heard at the Jan. City Council.
Wayne - when do you think we can get an agenda item for this entered into FYI - with a note that the CDB will review at the
Jan. 17th meeting? We will have to report the Board's recommendation at the City Council meeting.
Gina L. Clayton
Assistant Planning Director
City of Clearwater
gina.clayton@myclearwater.com
727-562-4587
1
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Delk, Michael
Tuesday, December 06, 2005 5:38 PM
Wells, Wayne
Clayton, Gina
FW:
FYI. Let me know if anything jumps out at you Wayne.
michael
-----Original Messagenm
From: Akin, Pam
Sent: Thursday, December 01, 2005 3:22 PM
To: Stephen J. Szabo (E-mail)
Cc: Brumback, Garry; Arasteh, Mahshid; Delk, Michael; Dewitt, Gina
Subject:
~
00005051. rtf
I am circulating the document with my comments to staff for review. There may be additional comments.
Please note that where you see highlighting there is an attached comment. I have changed language particularly language
relating to the limitations to stay to reflect our agreement and to comply with Beach By Design which limits all stays to not
more than 30 consecutive days. Please call if you have any questions.
1
III
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Wells, Wayne
From:
Sent:
To:
Subject:
Clayton, Gina
Wednesday, December 07,200510:08 AM
Wells, Wayne
RE: DVA2004-00002A, Hyatt
I did nothing with Permit Plan and it did not go to DRC. This is to be fast tracked - CDB in Jan. and CC in Jan. Please
make sure we provide the required information for notices for DVAs. I'm sure we can base on what we used last time.
m--Original Messagem--
From: Wells, Wayne
Sent: Wednesday, December 07, 2005 7:22 AM
To: Clayton, Gina
Subject: DVA2004-00002A, Hyatt
Gina -
The Hyatt amended Development Agreement was scheduled for the September 1, 2005, DRC meeting. Was it
discussed at the meeting, and, if so, whom was in attendance? Now that I am the case planner, I am trying to figure
out where this case is at relative to Permit Plan, etc. Thanks.
Wayne
1
.
.
Wells, Wayne
From:
Sent:
To:
Subject:
Wells, Wayne
Wednesday, December 07,20057:22 AM
Clayton, Gina
DV A2004-00002A, Hyatt
Gina -
The Hyatt amended Development Agreement was scheduled for the September 1, 2005, DRC meeting. Was it discussed
at the meeting, and, if so, whom was in attendance? Now that I am the case planner, I am trying to figure out where this
case is at relative to Permit Plan, etc. Thanks.
Wayne
1
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Delk, Michael
Tuesday, December 06, 2005 5:38 PM
Wells, Wayne
Clayton, Gina
FW:
FYI. Let me know if anything jumps out at you Wayne.
michael
-----Original Message-----
From: Akin, Pam
Sent: Thursday, December 01, 2005 3:22 PM
To: Stephen J. Szabo (E-mail)
Cc: Brumback, Garry; Arasteh, Mahshid; Delk, Michael; Dewitt, Gina
Subject:
~
00005051.rtf
I am circulating the document with my comments to staff for review. There may be additional comments.
Please note that where you see highlighting there is an attached comment. I have changed language particularly language
relating to the limitations to stay to reflect our agreement and to comply with Beach By Design which limits all stays to not
more than 30 consecutive days. Please call if you have any questions.
1
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Clayton, Gina
Thursday, November 17, 20054:26 PM
Delk, Michael
Thompson, Neil; Wells, Wayne
Hyatt Revised DVA
Based on the work you have been doing with Hyatt, do you know if Chris Bastas plans to submit a revised development
agreement based on the changes he and Pam have been working on. Wayne has agreed to take over the DVA case,
however, I have a feeling the agreement we have is not the current agreement. Thanks.
Gina L. Clayton
Assistant Planning Director
City of Clearwater
gina.clayton@myclearwater.com
727-562-4587
1
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Clayton, Gina
Wednesday, November 16, 2005 11:46 AM
Wells, Wayne
Thompson, Neil
FW: CDB Agenda December 20,2005
This case is to move forward for Dec. Is this something you can handle?
-----Original Message-----
From: Watkins, Sherry
Sent: Wednesday, November 16, 2005 7:27 AM
To: Clayton, Gina
Subject: CDB Agenda December 20, 2005
Good Morning Gina is this case moving forward for the Dec 20 CDB please let me know. If it is not going till
January please let me know.
F. LEVEL THREE APPLICATIONS (Items 1 - 4):
GINA'S Case
1. Case: DV A2004-00002A - 301 South Gulfview Blvd
Owner/Applicant: Crystal Beach Capital, LLC
Representative: Stephen J Szabo (100 N Tampa Street, Suite 2700, Tampa, FL, 33602; phone: 7813-225-4193).
Location: 1.63 acres located between South Gu1fview and Coronado Drive at Third Street.
Atlas Page: 276A.
Request: Review of, and recommendation to the City Council, of an amended Development Agreement between
Crystal Beach Capital, LLC ( the property owner) and the City of Clearwater (previously DV A2004-00002 approved
by City Council on December 2,2004).
Proposed Use: Mixed Use.
Neighborhood Association(s): Clearwater Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive,
Clearwater, FL 33761; phone: 727-725-3345; email: D;w(a)gte.net<mailto:Diw({v.gte.net>). Clearwater Beach
Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727-443-2168; email:
papamurphy(a)aol.com <mailto:papamurphy(a)aol.com>).
Presenter: Gina Clayton, Assistant Planning Director.
Thank you,
Sherry L Watkins
Planning Department
Administrative Analyst
(727) 562-4582
sherry. watkins@myclearwater.com
.
.
Wells, Wayne
From:
Sent:
To:
Cc:
Subject:
Clayton, Gina
Wednesday, November 16, 20052:30 PM
Watkins, Sherry; Wells, Wayne
Thompson, Neil
FW: CDB Agenda December 20,2005
This will go on the Jan. CDB and Jan. CC meeting.
-----Original Message-----
From: Watkins, Sherry
Sent: Wednesday, November 16, 2005 7:27 AM
To: Clayton, Gina
Subject: CDB Agenda December 20, 2005
Good Morning Gina is this case moving forward for the Dec 20 CDB please let me know. If it is not going till
January please let me know.
F. LEVEL THREE APPLICATIONS (Items 1 - 4):
GINA'S Case
1. Case: DV A2004-00002A - 301 South Gulfview Blvd
Owner/Applicant: Crystal Beach Capital, LLC
Representative: Stephen J Szabo (l00 N Tampa Street, Suite 2700, Tampa, FL, 33602; phone: 7813-225-4193).
Location: 1.63 acres located between South Gulfview and Coronado Drive at Third Street.
Atlas Page: 276A.
Request: Review of, and recommendation to the City Council, of an amended Development Agreement between
Crystal Beach Capital, LLC ( the property owner) and the City of Clearwater (previously DV A2004-00002 approved
by City Council on December 2,2004).
Proposed Use: Mixed Use.
Neighborhood Association(s): Clearwater Neighborhoods Coalition (Doug Williams, President, 2544 Frisco Drive,
Clearwater, FL 33761; phone: 727-725-3345; email: Diw(c~gte.net<mailto:Diw(Q).gte.net>). Clearwater Beach
Association (Jay Keyes, 100 Devon Drive, Clearwater, FL 33767; phone: 727-443-2168; email:
papamurphy(Q),aol.com <mailto:papamurphy@aol.com>).
Presenter: Gina Clayton, Assistant Planning Director.
Thank you,
Sherry L Watkins
Planning Department
Administrative Analyst
(727) 562-4582
sheny. wa tkius@myclellrwater.c011l
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Clayton, Gina
From: Delk, Michael ------~-- --1JJ\I\L I~~ ~ /J!B ~,
Sent: Friday, August 26, 2005 2:27 PM VVI LU{ ~ JJ J '-f/'lt. 'f"A"'
To: Clayton, Gina
Subject: FW: Hyatt Resort Development Agreement Amendments
Gina - I need to discuss and get an answer back. Only thing I see issue wise is that the sky bridge deletion would
require them to go back to the COB. 1tU.) $ --/to (J::NlflR ~ ~ acC€':ll> 1.0
~~~-Original Message----- W. (Qt lW- ~'O he,
From: Brumback, Garry --
Sent: Friday, August 26, 2005 2:09 PM
To: Horne, William; Akin, Pam; Arasteh, Mahshid; Delk, Michael; Simmons, Margie
Subject: FW: Hyatt Resort Development Agreement Amendments
All,
These are the latest offers for change from N]R (Hyatt). they are trying to include them in the
development agreement we are currently trying to get before the ffiB on Sep 20 and the
Council on Oct 6. Please review and comment as soon as possible....Monday if you are able so
we can work with Pam to finalize. We are committed to none of these at this time but I think
several have merit.
Thanks for your speedy review.
Garry Brumback
Assistant City Manager
(727) 562-4053
-----Original Message-----
From: Chris Bastas (mailto:chris@njrdevelopment.com]
Sent: Thursday, August 25, 2005 1:58 PM
To: Brumback, Garry; Neil J. Rauenhorst
Subject: Hyatt Resort Development Agreement Amendments
Dear Garry,
As you know, we are huge supporters of Beachwalk. It is a major component of our marketing campaign for the
Hyatt and we wish to assist the City in ensuring its timely and successful completion. Towards that goal,
yesterday afternoon we outlined several ideas we believe mutually benefit the Hyatt Resort and the City of
Clearwater in regards to the design and construction of Beachwalk. These suggestions would, in our opinion.....
1. Create a more pedestrian friendly environment on the Beachwalk Promenade in front of the Hyatt
by lowering the elevation of the Promenade and creating additional retail and restaurant/cafe
space as encouraged in Beach by Design Lf YJJr{() J lA\. S ~ P ~
2. Improve the views of the Gulf of Mexico along Gulfview Boulevard ..... Y .
3. Provide the City additional time to complete the Beachwalk improvements
8/2612005
e
e
Page 2 of3
4. Lessen the scope of work the City needs to complete prior to the opening ofthe Hyatt
5. Provide the City with additional funds which could be applied towards the cost of completing
Beachwalk
6. Potentially provide an "interest free loan" to the City from NJR for certain construction costs of
Beachwalk
Detailed below are our specific thoughts.
. QarJ3g~Aj:cess JmRIov~miln~
The Development Agreement currently provides for a pedestrian overpass and landing arcade to be
designed and constructed by NJR Development, but owned by the City. NJR pays for the cost of these
improvements, but is reimbursed by the City through increases in certain tax revenues and parking space income,
pursuant to Article 5.04.11 of the Development Agreement. Subject to Hyatt's approval, we will agree to not build
the pedestrian overpass and landing area, and consequently will not receive reimbursement for same from the
City. Given the rate of construction cost escalation these days, we are hesitant to estimate how much the bridge
and landing structure will cost, however, the proposal we have just to design this structure is for $230,000.
In lieu of building the pedestrian overpass, the design of our project will include public elevators from the
parking garage to the Promenade level of Beach walk. The Sundial Plaza will remain as currently planned and in
lieu of a +/- 35' high pedestrian bridge over Gulfview Boulevard and a +/- 50' high bridge landing area structure on
the beach which blocks views of the Gulf of Mexico, NJR will design and construct a concession building and
related hardscape/landscape improvements in the area currently designated for the bridge landing area in the
Sundial Plaza. Gulfview Boulevard would contain a clearly defined pedestrian crosswalk area and a signaled
means to cross the street (walk/don't walk). See Attachment 1.
. BegesigllotB~chwalls
The City will agree to allow NJR to redesign Gulfview Boulevard and the Promenade in a manner which
lowers both in front of the Hyatt to an elevation of approximately 5.0' NAVD. NJR will pay the entire cost of this
redesign in addition to its obligations to the City for its share of Beach Walk.
The City would agree to construct all the Beachwalk improvements, including the storm water system, as
currently designed in the PBSJ drawings, i.e. it will not redesign in order to lower the cost of the project.
. NJR Beachwalk Contribution
------ ---- -- ---.- ---------..--
NJR will complete a portion of the current phase II of BeachWalk construction prior to receipt of a
certificate of occupancy for the Hyatt Resort. The segment that we will complete will include all portions of
Beachwalk in the current Phase II south of the southern boundary of 2nd Street. (See attachments 2 and 3) To
the extent the cost of this work exceeds NJR's fixed contribution for Beachwalk of $1,190,000 as currently
required in the Development Agreement, NJR will pay the additional cost (up to $500,000) upfront and receive
reimbursement from the city through the above mentioned reimbursement mechanisms (article 5.04.11), in effect
providing the City with an "interest free loan". To the extent the cost is below $1,140,000, NJR will pay the city
the difference.
Since NJR will agree to lessen the scope of the City's work as described above, and is willing to extend the
completion dates of the City's work as described below, we believe NJR should no longer be obligated to make
the $280,000 "Accelerated Construction Payment" to the City as currently required in Article 5.05.5b of the
Development Agreement.
. City- B~C3Q11V{aIKQl:>llgaJiODs
In addition to reducing the scope of the City's work in Phase II as described above, Exhibit M can be
revised as follows:
litem
I Completion Date
8/26/2005
e
e
Page 3 of3
October 2006
By C.O. of the Hyatt Resort
Construct South Gulfview & Beachwalk from
Central Plaza to Southern end Phase III
Within 12 months of C.O. of the Hyatt Resort
Within 16 months of C.O. of the Hyatt Resort
We believe this course of action is a win-win-win for all parties involved...the City of Clearwater, the citizens of
Clearwater and the Hyatt Resort. We look forward to further discussions of these ideas and including them into
the upcoming amendment to our Development Agreement.
Christopher D. Bastas
Director of Development
NJR Development Company, LLC
101 E. Kennedy Boulevard
Suite 2125
Tampa, Florida 33602
813-226-9897 (tel)
813-226-8747 (fax)
Cl}ris_@rJjr@velopment.cODJ
W'IofW-, aq ualeare$prt.cQ_m
8/26/2005
e
.
THIS FIRST AMENDMENT TO SECOND AND AMENDED AND
RESTATED DEVELOPMENT AGREEMENT (the "Amendment") is made as of
this _ day of , 2005 (the "Effective Date"), by and between THE
CITY OF CLEARWATER, FLORIDA, a Florida municipal corporation (the "City")
and CRYSTAL BEACH CAPITAL, L.L.C., a Florida limited liability company (the
"Developer").
WITNESSETH
WHEREAS, the City and Beachwalk Resort, LLC, Developer's
predecessor in title, are parties to that certain Second Amended and Restated
Development Agreement as recorded in O.R. Book 13996, Page 2409, 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, in consideration of the sum of $10 and other good
and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the City and the Developer agree as follows:
1. Recitals. The foregoing recitals are true and correct and are
incorporated herein by reference.
2. Capitalized Terms. Capitalized terms not otherwise defined in this
Amendment shall have the meaning ascribed to such terms in the Development
Agreement.
3.
follows:
Section 2.03 of the Development Aqreement is amended as
2.03. Scope of the Project.
1. The Project shall only include public parking, private parking, resort hotel,
residential and retail uses and appropriate accessory uses and shall be
developed in substantial conformity with the preliminary plans of development
which are attached as Exhibit B. The Project Site is a "Community
Redevelopment District," pursuant to the Pinellas County Planning Council's
Rules which authorizes an increase in hotel unit density pursuant to the
provisions of Beach by Design. The intensity of permitted use on the Project Site
shall be:
a. Public Parking - at least 400 spaces.
b. Private parking -at least 350 spaces.
Page 2
005.382551.1
e
e
c. Hotel - The Hotel shall include no more than two hundred fifty (250)
hotel units (which may be submitted to condominium ownership), a minimum of
twenty thousand (20,000) square feet of Meeting Space and other amenities
accessory to the Hotel, including, but not limited to restaurants, bars, exercise
and spa facilities, beach club, outdoor recreation space, storage, back office and
administration areas and other functional elements related to the Hotel, including
not more than twenty five thousand (25,000) square feet of retail/restaurant floor
area. No hotel unit may be used for any purpose other than overnight
accommodations as provided by the Land Development Code. Of tho hotel
units, 209 units (the are :Hotel Pool Units") must be made available for rental to
the public Unit Pool units, 'Nhich sh311 be required to be used for tr3nsient
occup3ncy submitted to 3 rent31 program requiring that such unit be 3vailable for
overnight hotel guests on 3 tr3nsient basis for no fewer than 305 JJG days per ffi
aAY calendar year and must be made available for rental to the public 'Nhen such
Hotel PoeIm-Units-are-..ootBefAfl-9GBUPied--9V the i r-resp-eGtWe-ewABfS, su bject to
force majeure events making such rooms unavailable for occupancy and subject
further to the right of the hotel operator to remove such rooms from service as
necessary to assure compliance of such rooms with the operating standard of
such hotel operator. In order to assure the high quality resort experience called
for under this Agreement and to monitor the Hotel Pool Unit
O'.~ners'compli3nceowners' compliance of the laws and requlations applicable to
such Hotel Pool Units, all such units, as well as the units not representing bonus
units, shall be maintained and operated operated by a single hotel operator who
shall meet the requirements as to operating standards set forth in Exhibit N of
this Agreement. Owners of the units, includinq Hotel Pool Units, may act on their
own behalf to rent their respective units or may retain a third party rental aqent to
provide rental services. However, a..AII hotel units shall be required to comply
with Exhibit N.
*****
2.03.4. Notwithstanding any other provision of this Agreement, no
occupancy in excess of thirty (30) days per stay shall be permitted in any hotel
unit which is developed as a part of the Project. In addition, no hotel unit shall be
used as a primary or permanent residence and each unit from the Hotel Unit Pool
shall be required to be available for rental to the public for transient occupancy,
to tr3nsient hotel guests and to be maintained and operated operated as
described in Section 2.03(1 )(c). Prior to the issuance of a certificate of
occupancy for the resort hotel, the Developer shall record a covenant and
restriction which is enforceable by the City, substantially in accordance with
Exhibit F, limiting the use and operation of the resort hotel units and
implementing this p3r3graph section.
4. Section 3.01 paraqraph 3 is amended as follows:
3.01. Land Development Regulations.
Page 3
005.382551.1
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3. Allocation of Units from Hotel Unit Pool. Subject to the terms and
conditions of this Agreement, the City hereby allocates and grants to
Developer from the Hotel Unit Pool an additional two hundred nine (209)
hotel units to the Project Site in accordance with applicable law. The
allocation of additional hotel units from the Hotel Pool shall expire and be
of no further force and effect unless the Commencement Date occurs on or
before December 31 March 6, 2006.
a.,. 5.Section 3.03 paraqraph 2 is amended as follows:
3.03. Concurrency.
2. Reservation of Capacity. The City hereby agrees and
acknowledges that as of the Effective Date of this Agreement, the
Project satisfies the concurrency requirements of Florida law. The
City agrees to reserve the required capacity to serve the Project for
the Developer and to maintain such capacity until December 31
M3rch 6, 2006 and that such period shall be automatically extended
for an additional three (3) years if the Developer commences
construction by December 31 M3rch 6, 2006. The City recognizes
and acknowledges that the Developer will rely upon such
reservation in proceeding with the Project.
6. Section 5.03 paraqraph 2 is amended to read as follows:
2. Proiect Site. In the event the Developer fails to commence
construction by December 31 March 6, 2006, at Developer's request
the City agrees to purchase the Project Site as described in Exhibit A
at fair market value, but in no event shall the purchase price exceed
$6,000,000. The fair market value shall be established by an appraisal
process. The appraiser shall be directed to establish the value of the
property assuming Third Street and South Gulfview Drive are not
vacated and disregarding the additional development rights (209 hotel
units) provided in the Development Agreement. The appraisal of the
Project Site shall reflect the higher of: (i) the highest and best use of
such property at the time of appraisal, or (ii) the value of the Project
Site with existing buildings and existing sixty-five (65) hotel units in
place at the time of execution of the Development Agreement (Le. as
existing in 2002, before demolition, but valued at the time of the
appraisal in 2006). The appraisals shall be conducted by two (2)
appraisers retained by the City. One of the appraisers shall be selected
from a list of qualified appraisers submitted to the City by the
Developer. In the event that the two (2) appraisals are within twenty
Page 4
005.382551.1
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percent (20%) of each other, the fair market value shall be the average
of the two (2) appraisals. In the event that the appraisals differ by more
than twenty percent (20%), the two appraisers shall select a third
appraiser from the City's master list of qualified appraisers, including
the list submitted by the Developer, and the third appraiser shall select
among the two (2) appraisals which in the opinion of the third appraiser
most accurately represents the fair market value of the property.
1. Construction Start Date. The references to the date "March 6,
2006" and "March, 2006" as it appears in paragraphs 3.01, 3.03, 5.03, 5.05 and
7.02 of the Development Agreement are deleted and replaced 'A'ith "December
31,2006".
&:79. Construction of South Gulfvie'N Curb Cuts. The parties
aGknewledge ,tAat-a-GfsGFepa.Rtry-exffits-betwee n the..-P-Ians-aM-Specificatio ns-for
the Projest--anG-tAe--PeBt- Buckley plans for the-.-BonstFHGtion of Be3chw31k with
regard to the design, construction 3nd placement of curb cuts for the Project
along South Gulfview Boulevard. Accordingly, the parties acknmvledge 3nd
a~ffie..-.tAat--tRe-P~aH&andm,Specff+GatieH&fer--the-Pf{)jeGt-wHt--~ovefH..tt-le-Gesfgn-j
censtruGtieH-8flG--plac€fRem.-.ef.-the---ctlr-b-cuts-fef-the...PfBjeGt--eR...-SeHth--Gu#.lJi.e.w
Boulev3rd.
6.CanoP'{. The City agrees to grant to Developer an easement to allo'l.' the Hotel
canopy constructed on the east side of the Project to encroach in to the air space
abovG Coron:Jdo Dri'/e. The 10c:Jtion of the proposed canopy is reflected on
Exhibit 2 attached hereto and incorporate herein by reference.
~7. Section 5.04 paraqraqh 1 is amended as follows:
5.04. City's Obligations.
1 South Gulfview and Beach Walk Improvements. The City shall be
responsible for the design, construction and funding (subject to the
payment by Developer of its pro rata share as provided herein) of
the South Gulfview and Beach Walk Improvements. The City
further agrees to complete construction of that portion of South
Gulfview and Beach Walk Improvements abuttinq the Proiect by no
later than issuance of the Certificate of Occupancy for the Proiect fA
accordance '/lith the schedule attached hereto 3S Exhibit M. The
City's utilization of the construction schedule in Exhibit M is
dependent upon payment bycontinqent on payment by Developer
of -ef-.Developer's Pro Rata Share (defined herein) and the
Accelerated Construction Payment (defined herein) to the City prior
to the City awarding the construction bid.
Page 5
005.382551.1
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+-:~Section 5.05 paraqraph 5 is amended as follows:
5.05. Obligations of the Developer.
5. Cost of South Gulfview and Beach Walk.
a. The City's portion of the Transportation Impact Fee shall be
credited to the Developer against the cost of Developer's fair
share of the South Gulfview and Beach Walk Improvements
as described in subsection (b) below.
b. The Developer shall be responsible for a pro rata share of
the cost of the South Gulfview and Beach Walk
Improvements, which shall be equal to the net cost of the
South Gulfview and Beach Walk Improvements multiplied by
a fraction in which the front footage of the Project Site is the
numerator and the total frontage along South Gulfview and
Beach Walk Improvements is the denominator.
SPR = (F PROJ/F SGBW) x (CSGBW)
SPR = Pro Rata Share
FpROJ = Frontage of Project Site
FsGBW = Total Frontage along South Gulfview
and Beach Walk Improvements
CSGBW = Net Cost of South Gulfview and Beach
Walk Improvements
The City has determined that the Developer's pro rata share
is One Million One Hundred Ninety Thousand Dollars
($1,190,000.00) ("Developer's Pro Rata Share"). In addition,
Developer agrees to pay the City an additional Two Hundred
Eighty Thousand Dollars ($280,000.00) in exchange for the
City's agreement to utilize the specific construction schedule
att3ched hereto 3S Exhibit Mto complete construction of that
portion of the South Gulfview and Beach Walk
Improvements prior to the issuance of the certificate of
occucpancy for the proiect ("Accelerated Construction
Payment"). The City's utiliz3tion of the construction schedule
in Exhibit M obliqation is dependent upon payment of
Developer's Pro Rata Share and the Acceleration
Construction Payment to the City prior to the City awarding
the construction bid. The City agrees to utilize best efforts to
Page 6
005.382551.1
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meet the construction schedule specified in Exhibit M
recognizing that time is of the essence. If Developer's Pro
Rata Share and Accelerated Construction Payments are not
made by April 1, 2005, the amount due will be increased
each month by the Construction Cost Index as published
monthly by the U.S. Dept. of Commerce. Such pro rata
share shall be paid prior to issuance of the foundation permit
for the project.
c. In the event that any property which fronts on
the South Gulfview and Beach Walk
Improvements is proposed for redevelopment
using the pool of additional resort units
established pursuant to Beach by Design, the
developer of such property shall be required to
pay to the City a pro rata share of the cost of
the South Gulfview and Beach Walk
Improvements as a condition of development
approval.
W9. Section 5.05 paraqraph 9 is amended as follows:
9. Commencement of Construction. The Developer shall commence
construction of the Project by December 31, March 2006, and shall
thereafter diligently pursue completion of the Project.
3.t410. Section 7.02{1...}- paraqraph 1 is amended as follows:
7.02. Construction.
1. Commencement. The Developer shall construct the Garage Access
Improvements, substantially in accordance with the Plans and
Specifications therefor. The Developer shall commence
construction by December 31 March 2006 in accordance with
Section 5.05(12).
a. For purposes of this Section 7.02, "commence construction"
means commencement of meaningful physical development
of that part of the Project as authorized by the Building
Permit therefor which is continued and diligently prosecuted
toward completion of that part of the Project.
b. All obligations of the Developer (including deadlines in the
Commencement Date) with respect to commencement and
Page 7
005.382551.1
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continuation of construction in regard to the Garage Access
Improvements, shall be subject to delays and extensions from
time to time for Unavoidable Delay (see Article 15). The
Developer shall not be deemed to be in default of this
Agreement to the extent construction of the Project, or a part
thereof, is not complete by reason of Unavoidable Delay.
94-211. Exhibit F is amended as follows:
2.1 Use. The use of the resort on the Real Property is restricted
as follows:
2.1.1 A minimum of two hundred and nine (209) units,
which is the number of hotel units allocated to
DEVELOPER, shall be used solely for transient
GGGH.paflcy-aAG-ffiustbe-ffiaGe-available for rental to
the public as overniqht accommodations for no less
than 305 days a year when such Hotel Pool Units are
not beinq occupied by their respective owners of thirty
(30) days per stay or less, must be licensed as a
public lodging establishment and classified as a hotel,
and must be maintained and operated operated by a
single licensed operator of the hotel; provided,
however, that owners of the units may act on their
own behalf to rent their respective units or may retain
a third party rental aqent to provide rental services..J.n
such event, the owners of the units shall be
responsible for compliance with the terms and
conditions of the Second Amended and Restated
Development Aqreement as amended, includinq but
not limited to, Exhibits E, F, and N. No hotel unit shall
be used as other than overnight accommodations as
provided by the Land Development Code, nor shall
any hotel unit be used as a primary or permanent
residence.
Construction of South Gulfview Curb Cuts. The parties acknowledqe that a
discrepancy exists between the Plans and Specifications for the Project and the
Post Buckley plans for the construction of Beachwalk with reqard to the desiqn,
construction and placement of curb cuts for the Proiect alonq South Gulfview
Boulevard. Accordinqly, the parties acknowledqe and aqree that the Plans and
Specifications for the Project will qovern the desiqn, construction and placement
of the curb cuts for the Proiect on South Gulfview Boulevard.
Page 8
005.382551.1
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Scope of Amendment. In the event of any conflict or inconsistency
hetween..-the......t-e-fms.-Bf-t.f:ti.&-AmendmeHtmmandm..-the-terffis...-of...-.the-Qe~
Ag reo me nt,.--the-terms. of th fs...--Amendment--shaH"BGAtf0l~-As--affi€fl{j ed by thfs
Amendment, the parties r3tify 3nd confirm the Development Agreement 3nd
acknmvledge and agree th3t the Development Agreement, as hereby amended,
fstn.full...fOfBeand.effeBtfnaBBOHianB&with-fts-terms;
SIGNATURE PAGES TO FOllOW
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 , 2005 by and , the Mayor
and the City Clerk, respectively, for the City of Clearwater, Florida, on behalf of
the City.
Page 9
005.382551.1
e
.
Notary Public - Signature
Print Name:
My Commission Expires:
[SIGNATURES CONTINUED ON NEXT PAGE]
Page 10
005.382551.1
e
.
J
---l
Signed, sealed and delivered
in the presence of:
CRYSTAL BEACH CAPITAL, LLC
By: NJR DEVELOPMENT COMPANY,
L.L.C., its sole manager
(Witness Signature)
Print Name:
(Witness Signature)
Print Name:
Neil J. Rauenhorst, its Manager
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
The foregoing instrument was acknowledged before me this _ day of ,
2005, by Neil J. Rauenhorst, manager of NJR Development Company, L.L.C., sole
manager of Crystal Beach Capital, LLC, a Florida limited liability company, on behalf of
the companies. He [select one:]
( ) is personally known to me;
or
( ) produced a Florida driver's license as identification
Notary Public - Signature
Print Name:
My Commission Expires:
005.382551.1
e
e
PREPARED BY AND WHEN RECORDED RETURN TO:
FIRST AMENDMENT TO SECOND AND AMENDED AND RESTATED
DEVELOPMENT AGREEMENT FOR PROPERTY IN THE CITY OF
CLEARWATER
BETWEEN
THE CITY OF CLEARWATER, FLORIDA
AND
CRYSTAL BEACH CAPITAL, LLC,
A FLORIDA LIMITED LIABILITY COMPANY
DATED AS
,2005
005.382551.1
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Pirdlas County Property APpr.r Information: 0729 1552380000 O.
Page 2 of5
07 / 29 /
15 / 52380 / 000 / 0570
07-Aug-2005 Jip'l Srrtith, CFA Pinellas County Property Appraiser 16:45:00
Ownership Inforrrtation U ae an t P rope rt~ Use and Sales
CRVSTAL BEACH CAPITAL LLC OBK: 14120 OPG: 1340
101 E KENtlEDV BLUD STE 2125
TAHPA fl 33602-5189
EVAC: A EUAC
Corrtparable sales value as Prop Addr: 0
of Jan 1, 2004, bas e d on Census T r ac t : 260.02
sales frorrt 2002 - 2003:
0 Sale Date OR Book/Page Price (Qual/UnQ) Vac/Irrtp
Plat In forPia t ion 2 /2,005 14.120/1,340 18.500,000 (H) I
1925 : Book 013 Pgs 012-013 8 /2.004 13,757/1.584 3.250.000 ( H) I
0000: Book Pgs - 0 /1.965 2,162/ 111 562.500 (0) I
0000: Book Pgs - 0 /0 0/ 0 0 ( )
2004 Value EXEMP T IONS
Jus t/ Marke t : 1.625.400 Horrtestead: NO Ownership % .000
Govt Exerrt: NO Use %: .000
Assessed/Cap: 1.625.400 Institutional Exerrt: NO Tax Exerrtpt %: .000
Historic Exerrt: 0
Taxable: 1.625.400 Ag r icu 1 tural : 0
2004 Tax Inforrrtation
District: CW Seawall: Frontage:
Clearwater View:
04 r.1i llage : 22.9694 Land Size Unit Land Land Land
Front x Depth Price Units Meth
04 Taxes: 37,334.46
1) 100 x ZiO 130.00 Zi,OOO.OO S
Special Tax .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
IJJi trlou t the Save-Our-Horrtes 4) 0 x 0 .00 .00
cap, 2004 taxes will be : 5) 0 x 0 . 00 .00
37,334.46 6) 0 x 0 .00 . 00
Without any exerrtptions,
2004 taxes will be :
37,334.46
Short Legal LLOVD-WHITE-SKINNER SUB LOTS 57 &: 104 &: S 20FT OF
Description LOTS 56 &: 103 L
Building Information
http://pao.co.pinellas.fl.us/htbinlcgi-click?o=l&a=l&b= 1 &c=l &r=.16&s=4&t3= 1 &u=O&p... 8/7 /2005
..
Pil~ellas County Property APp,er Information: 0729 15 52380000 O.
Page 3 of5
07 / 29 / 15 / 52380 / 000 / 0570
07-Aug-2005 JiM SMith, CFA Pinellas COunty Property Appraiser
Vacant Parcel Property Use: 000 Land Use: 10
16:45:00
Vacant Extra Features
De:3cription D ip'len:3 ion:3 Price Unit:3 \'/alue ReD \(ear
1) .00 0 0 0 0
2) .00 0 0 0 0
3) .00 0 0 0 0
4) .00 0 0 0 0
5) .00 0 0 0 0
6) .00 0 0 0 0
TOTAL RECORD VA LU E: 0
Map With Property Address (non-vacant)
~~[t][!]~~
http://pao.co.pinellas.fl.uslhtbin/cgi-click?o=l&a=l&b= l&c= 1 &r=.16&s=4&t3= 1 &u=O&p... 8/7 /2005
'"
Pi:;J.ellas County Property APp.er Information: 07 29 15 52380 000 0'
l
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Pi~lellas County Property APPler Information: 07 29 15 52380 000 O.
Page 5 of 5
Pinellas County Property Appraiser
Parcel Information
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P;ll~llas County Property APp.r Information: 07 29 15 52380 000 Oij
Page 2 of5
07 / 29 / 15 / 52380 / 000 / 0580
07-Aug-2005 JiM 5Mith, CFA Pinellas County Property Appraiser 16:45:26
Ownership InforMation Uacant P rope rtlj Use and Sales
CRYSTAL BEACH CAPITA L LLC OBK: 14120 OPG: 1340
101 E KEtWEDY BLUD STE 2125
TAHPA Fl 33602-5189
EVAC: A EUAC
COMparable sales value as Prop Addr: 0
of Jan 1, 2004, based on Census T r ac t : .00
sales frorq 2002 - 2003:
0 5ale Date OR Book/Page Price (Qual/UnQ) Vac / IMp
Plat InforMation 2 /2.005 14.12011. 340 18.500.000 ( H) I
1925 : Book 013 Pgs 012-013 8 /2.001 11.5061 933 1.252.000 (0) I
0000: Book Pgs - 0 /0 01 0 0 ( )
0000: Book Pgs - 0 /0 01 0 0 ( )
2004 Value EXEMPTION5
Jus t / tvla.rke t : 1.Zli2.300 HOMestead: NO Ownership % .000
Govt ExeM: tW Use %: .000
Assessed/Cap: 1.262,300 Institutional ExeM: NO Tax Ex e Mp t %: .000
Historic ExeM: 0
Taxable: 1,Zli2.300 Agricultural: 0
2004 Tax InforMation
District: CW 5eawall: Frontage:
Clearwater View:
04 t.li lla.ge : 22.9694 Land Size Unit Land Land Land
Front x Depth Price Units Meth
04 Taxes: 28.994.27
1) 120 x 110 130.00 16,500.00 S
5pecial Tax .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
Wi trlOU t the 5ave-Our-HoMes 4) 0 x 0 .00 . 00
cap, 2004 taxes will be : 5) 0 x 0 .00 .00
28.994.27 6) 0 x 0 . 00 . 00
Without any exeMp t ions .'
2004 taxes will be :
28.994.27
Sf-lor t Lega,l LLOYD-WHITE-SKINNER SUB LOTS 58 3: 59
Description L
Building Information
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Pin.ellas County Property APp.er Information: 07 29 15 52380000 O.
Page 3 of5
07 / 29 / 15 / 52380 / 000 / 0580
07-Aug-ZOOS JiM SMith, CFA Pinellas COunty Property Appraiser
Vacan t Parce 1 Proper ty Use: 000 Land Use: 10
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Description o ir'iens ions Price Units Value RCD Year
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Map With Property Address (non-vacant)
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07 / 29 / 15 / 52380 / 000 /
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DI.unersf-1 ip Inforr~ation Uacant P r'ope rty Use and Sales
CRVSTAL BEACH CAPITA L LLC DB K : 14120 DPG: 1340
101 E KENNEDV BLUD STE 2125
TAHPA fl 33602-5189
EVAC: A EUAC
Ccwparab Ie sales value as Prop Addr: 0
of Jan 1, 2004, based on Census Trac t : 260.02
sales froM 2002 - 2003:
0 Sale Date DR Book/Page Price (Qual/UnQ) Vac / Irflp
Plat InforMation 2 /2,005 14.120/1.340 18,500,000 ( H) I
1925 : Book 013 Pgs 012-013 8 /2,004 13.757/1.584 3,250,000 (H) I
0000: Book Pgs - 0 /0 0/ 0 0 ( )
0000: Boof': Pgs - 0 /0 01 0 0 ( )
2004 Value EXEMP T IDNS
Jus t /r"larke t : 845.700 HOMestead: NO Dwnership % .000
Govt ExeM: NO Use %: .000
Assessed/Cap: 845.700 Institutional ExeM: NO Tax ExeMp t %: .000
Historic ExeM: 0
Taxable: 845.700 Ag r icu 1 tural : 0
2004 Tax InforMation
Di:5trict: CW Seawall: Frontage:
Clear'wate r View:
04 t\1i llage : 22.9694 Land Size Unit Land Land Land
Front x Depth Price Units Meth
04 Taxes: 19.425.22
1) 100 x 145 130.00 14,500.00 S
Special Tax .00 2) 0 x 0 .00 .00
3) 0 x 0 .00 .00
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19,425.22 6) 0 x 0 .00 . 00
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Short Legal LLOVD-WHITE-SKINNER SUB LOTS 105 & 106 & N'LV 1/2
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Building Information
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Page 3 of5
07 / 29 / 15 / 52380 / 000 / 1050
07-Aug-Z005 JiM SMith, CFA Pinellas COunty Property Appraiser
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16:45:50
Vacant Extra Features
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1) .00 0 0 0 0
2) .00 0 0 0 0
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--
e
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, January 17, 2006, beginning at 1 :00 p.m., and
before the City Council on Thursday, January 19, 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 06-06
approving an amendment to the Development Agreement between Crystal Beach
Capital, LLC fka BeachWalk Resort, LLC, and the City of Clearwater (previously
approved DVA2004-00002 by City Council on December 2,2004) for property located at
229 and 301 S. Gulfview Boulevard and 230, 300 and 304 Coronado Drive, legally
described as L1oyd-White-Skinner Sub, Lots 57-59, 104-106 and parts of Lots 56, 103, &
107. (DV A2004-0002A)
The Development Agreement allows a hotel of 250 rooms (153.37 rooms/acre on total
site), 18 attached dwellings (11.04 units/acre on total site) and a maximum of 70,000
square feet (0.98 FAR on total site) of amenities accessory to the hotel, at a height of
150 feet (to 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
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: 01/02/06
e
e
CITY OF CLEARWATER
MODIFICATION TO DEVELOPMENT AGREEMENT
A public hearing will be conducted before the Community Development Board of the City
of Clearwater, Florida, on Tuesday, September 20, 2005, beginning at 10:00 a.m., in
City Council Chambers, 3rd floor of City Hall, 112 South Osceola Avenue, Clearwater,
Florida, to consider Resolution 05-40 approving modifications to a Development
Agreement between the City of Clearwater and Crystal Beach Capital, LLC, for property
located at 229 and 301 S. Gulfview Boulevard and 230, 300 and 304 Coronado Drive,
legally described as L1oyd-White-Skinner Sub, Lots 57-59, 104-106 and parts of Lots 56,
103, & 107 together with vacated portions of Third Street and vacated portion of vacated
easterly one-half of Gulfview Boulevard. (DVA2005-0002A).
The Development Agreement allows for the proposed use of 250 rooms (153.37
rooms/acre on total site), 18 attached dwellings (11.04 units/acre on total site) and a
maximum of 70,000 square feet (0.98 FAR on total site) of amenities accessory to the
hotel, at a height of 150 feet (to 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 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
A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK
DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE
ACCOMMODATIONS IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD
CALL THE CITY CLERK DEPARTMENT WITH THEIR REQUEST AT (727) 562-4090.
Ad: 09/04/05
· D~A2004-00002A =.
AMERICANA GULF MOTELS L TD PTR. BADERTSCHER, JAMES R
325 S GULFVIEW BLVD BADERTSCHER, DARLENE J
CLEARWATER FL 33767 - 2445 402 E MAIN ST
LESPSIC OH 45856 - 1433
BOLDOG, CLARA
BOLDOG,DOROTHY
2500 VIRGINIA AVE NW UNIT 1405
WASHINGTON DC 20037 - 1901
CRYSTAL BEACH CAPITAL LLC
101 E KENNEDY BLVD STE 2125
TAMPA FL 33602 - 5189
DAM DEVON LLC
41 DEVON DR
CLEARWATER FL 33767 - 2437
GIBSON, EVELYN L
1206 MELVIEW CT
ST LOUIS MO 63125 - 4614
HAMODI, AHMED A
116 DEVON DR
CLEARWATER FL 33767 - 2438
KEYES, JAY F TRE
KEYES, JANET D TRE
100 DEVON DR
CLEARWATER FL 33767 - 2438
MAZU R, JAN
MAZUR, JANINA
216 HAMDEN DR
CLEARWATER FL 33767 - 2446
PALMTOPPER CONDO ASSN INC
110 BRIGHTWATER DR # 4
CLEARWATER FL 33767 - 2401
QUINN, ANN E
225 HAM DEN DR
CLEARWATER FL 33767 - 2497
BOLDOG, DOROTHY C TRE
M &J TRUST
PO BOX 8589
CLEARWATER FL 33758 - 8589
CUSTER, GERALD
2152 LONG BOW LN
CLEARWATER FL 33764 - 6414
DECADE GULFCOAST L TD PTNSP
STE 100
N 19 W24130 RIVERWOOD DR
WAUKESHA WI 53188 - 1131
GIOVANNI, ROBERT
KOZIK, CHRISTIAN
317 CORONADO DR # B
CLEARWATER BEACH FL 33767-
2433
K & P CLEARWATER ESTATE LLC
3105 W WATERS AVE STE 31
TAMPA FL 33614 - 2869
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
R T V PROPERTIES INC
PO BOX 3835
CLEARWATER FL 33767 - 8835
.BASKIN, H H EST
OWENS, W D EST
516 N FT HARRISON AVE
CLEARWATER FL 33755 - 3905
CHRISTMAN, KENNETH R SR
CHRISTMAN, LINDA J
225 CORONADO DR
CLEARWATER FL 33767 - 2431
CZAICKI, EDWARD
CZAICKI, BOZENA
332 HAM DEN DR
CLEARWATR BEACH FL 33767 - 2448
DEN ELL, MARGARET M
94 DEVON DR
CLEARWATER FL 33767 - 2436
GONATOS, OLYMPIA REV TRUST
1460 GULF BLVD # 1004
CLEARWATER FL 33767 - 2848
KALLAS, DORA
KALLAS, GEORGE
3405 GULF BLVD
BELLEAIR BCH FL 33786 - 3644
LITTLE, DAVID R
1734 CASEY JONES CT
CLEARWATER FL 33765 - 1701
NIERENGARTEN, WARREN
BRADLEY
NIERENGARTEN, BRYAN ALAN
500 OSCEOLA AVE N # 203
CLEARWATER FL 33755 - 3934
PAPPAS, TOM
PAPPAS, ANASTASIA
115 DEVON DR
CLEARWATER FL 33767 - 2439
ROGERS, ROLAND
321 CORONADO DR
CLEARWATER FL 33767 - 2433
.
ROSS, WILLIAM A III
ROSS, DORIS H
125 DEVON DR
CLEARWATER FL 33767 - 2439
SEA CAPTAIN
526 BELLE ISLE
BELLEAIR BEACH FL 33786 - 3612
SUNRISE ON THE BEACH INC
229 CORONADO DR
CLEARWATER FL 33767 - 2431
THOMAS, BRIAN
THOMAS, NADINE
160 BAYSIDE DR
CLEARWATER FL 33767 - 2501
TROPICANA RESORT LAND TRUST
163 BAYSIDE DR
CLEARWATER FL 33767 - 2502
WANIO, TATIANA A
14 GRENVIEW BLVD N
TORONTO, ONTARIO M08X 2K1
00030 -
CANADA
Clearwater Beach Association
Jay Keyes
100 Devon Drive
Clearwater, FL 33767
. RUDMAN, MIRKO
RUDMAN, ANKA
217 CORONADO DR
CLEARWATER FL 33767 - 2431
SHAH, MANNAJ
2221 NORWEGIAN DR # 33
CLEARWATER FL 33763 - 2961
SZLECHTA, WLODZIMIERZ
KUNOWSKA, EWA
333 CORONADO DR
CLEARWATER FL 33767 - 2433
TRACEY, CHRISTINA M
207 CORONADO DR
CLEARWATER FL 33767 - 2431
VASILAROS, MARINA E TRUST
VASILAROS, MARINA E
111 BAYSIDE DR
CLEARWATER FL 33767 - 2502
WAZIO, EUGENIUSZ F
WAZIO, IRENA
110 BRIGHTWATER DR#4
CLEARWATER FL 33767 - 2401
Clearwater Neighborhoods Coalition
Doug Williams, President
2544 Frisco Drive
Clearwater, FL 33761
.
SEA CAPTAIN
526 BELLE ISLE AVE
BELLEAIR BEACH FL 33786 - 3612
SUNNY MOTEL L TD PTNSHP
STE 100
N 19 W24130 RIVERWOOD DR
WAUKESHA WI 53188 - 1131
TAS, JERRY
TAS,TERESA
342 HAM DEN DR
CLEARWATER FL 33767 - 2451
TROPICAL BREEZE OF
CLEARWATER
163 BAYSIDE DR
CLEARWATER FL 33767 - 2502
VENDITTO, CARLO M
VENDITTO, ENRICA M
124 DEVON DR
CLEARWATER FL 33767 - 2438
WELLER, HARRIETTE M
110 DEVON DR
CLEARWATER FL 33767 - 2438
Stepehn J. Szabo, III
Foley & Lardner, LLP
100 North Tampa Street, Suite 2700
Tampa, FL 33601
.
Wells, Wayne
.
Page 1 of 1
From: Chris Bastas [chris@njrdevelopment.com]
Sent: Friday, December 30,200510:00 AM
To: Wells, Wayne
Subject: Amendment Meeting Notice Sign
Wayne.
Attached are the following:
1. Executed acknowledgement of Sign Receipt
2. Photo of installed sign on Gulf View
3. Photo of installed sign on Coronado
Please let me know if I need to do anything further in regards to this matter.
Christopher D. Bastas
Director of Development
NJR Development Company, LLC
101 E. Kennedy Boulevard
Suite 2125
Tampa, Florida 33602
813-226-9897 (tel)
813-226-8747 (fax)
Ch ris@nirdevelopment.com
www.aqualearesort.com
12/3012005
.
.
Case # DV A2004-00002A
Sign Posting Acknowledgement
I hereby acknowledge receiving a notification sign to post on the property I
own and/or represent that is undergoing an amendment to a previously
approved Development Agreement and will post the sign (provided by Staff)
on the subject property so that it is readable from the most significant
adjacent road a minimum of 15 days before the Public Hearing.
C f/ f{ t5 J3 A oS :lA5'
Print Name
/2./;1 ~~~
Date
{fi:,y~
Sign Name
Posting Date - No Later Than:
Public Hearing Date - CDB: 1-17-06
12-30-2005
CC: 1-19-06
12-30-2005
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Case:
DV A2004-00002A
Owner:
Crystal Beach Capital. LLC
229 and 301 South Gulfview Boulevard
230,300 and 304 Coronado Drive
Property
Size (Acres} :
Site:
1.63
PIN:
07/29/15/52380/000/0570
07/29/15/52380/000/0580
07/29/15/52380/000/1050
A tlas Page:
276A
.
.
.
.
.
DV A2004-00002A =.
AMERIC!NA G~LF MOTELS L TD PTR'" BADERTSCHER, JAMES R
325 S GULFVIEW BLVD BADERTSCHER, DARLENE J
CLEARWATER FL 33767 - 2445 402 E MAIN ST
LESPSIC OH 45856 - 1433
BOLDOG,CLARA
BOLDOG, DOROTHY
2500 VIRGINIA AVE NW UNIT 1405
WASHINGTON DC 20037 - 1901
CRYSTAL BEACH CAPITAL LLC
101 E KENNEDY BLVD STE 2125
TAMPA FL 33602 - 5189
DAM DEVON LLC
41 DEVON DR
CLEARWATER FL 33767 - 2437
GIBSON, EVELYN L
1206 MELVIEW CT
ST LOUIS MO 63125 - 4614
HAMODI, AHMED A
116 DEVON DR
CLEARWATER FL 33767 - 2438
KEYES, JAY F TRE
KEYES, JANET D TRE
100 DEVON DR
CLEARWATER FL 33767 - 2438
MAZUR, JAN
MAZUR, JANINA
216 HAMDEN DR
CLEARWATER FL 33767 - 2446
PALMTOPPER CONDO ASSN INC
110 BRIGHTWATER DR # 4
CLEARWATER FL 33767 - 2401
QUINN, ANN E
225 HAM DEN DR
CLEARWATER FL 33767 - 2497
BOLDOG, DOROTHY C TRE
M &J TRUST
PO BOX 8589
CLEARWATER FL 33758 - 8589
CUSTER, GERALD
2152 LONG BOW LN
CLEARWATER FL 33764 - 6414
DECADE GULFCOAST L TD PTNSP
STE 100
N19 W24130 RIVERWOOD DR
WAUKESHA WI 53188 - 1131
GIOVANNI, ROBERT
KOZIK, CHRISTIAN
317 CORONADO DR # B
CLEARWATER BEACH FL 33767-
2433
K & P CLEARWATER ESTATE LLC
3105 W WATERS AVE STE 31
TAMPA FL 33614 - 2869
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
R T V PROPERTIES INC
PO BOX 3835
CLEARWATER FL 33767 - 8835
. BASKIN, H H EST
OWENS, W D EST
516 N FT HARRISON AVE
CLEARWATER FL 33755 - 3905
CHRISTMAN, KENNETH R SR
CHRISTMAN, LINDA J
225 CORONADO DR
CLEARWATER FL 33767 - 2431
CZAICKI, EDWARD
CZAICKI, BOZENA
332 HAMDEN DR
CLEARWATR BEACH FL 33767 - 2448
DEN ELL, MARGARET M
94 DEVON DR
CLEARWATER FL 33767 - 2436
GONATOS, OLYMPIA REV TRUST
1460 GULF BLVD # 1004
CLEARWATER FL 33767 - 2848
KALLAS, DORA
KALLAS, GEORGE
3405 GULF BLVD
BELLEAIR BCH FL 33786 - 3644
LITTLE, DAVID R
1734 CASEY JONES CT
CLEARWATER FL 33765 - 1701
NIERENGARTEN, WARREN
BRADLEY
NIERENGARTEN, BRYAN ALAN
500 OSCEOLA AVE N # 203
CLEARWATER FL 33755 - 3934
PAPPAS, TOM
PAPPAS, ANASTASIA
115 DEVON DR
CLEARWATER FL 33767 - 2439
ROGERS, ROLAND
321 CORONADO DR
CLEARWATER FL 33767 - 2433
\
ROSS, WILLIAM A III
ROSS, DORIS H
125 DEVON DR
CLEARWATER FL 33767 - 2439
SEA CAPTAIN
526 BELLE ISLE
BELLEAIR BEACH FL 33786 - 3612
SUNRISE ON THE BEACH INC
229 CORONADO DR
CLEARWATER FL 33767 - 2431
THOMAS, BRIAN
THOMAS, NADINE
160 BAYSIDE DR
CLEARWATER FL 33767 - 2501
TROPICANA RESORT LAND TRUST
163 BAYSIDE DR
CLEARWATER FL 33767 - 2502
WANIO, TATIANA A
14 GRENVIEW BLVD N
TORONTO, ONTARIO M08X 2K1
00030 -
CANADA
Clearwater Beach Association
Jay Keyes
100 Devon Drive
Clearwater, FL 33767
e RUDMAN, MIRKO
RUDMAN, ANKA
217 CORONADO DR
CLEARWATER FL 33767 - 2431
SHAH,MANNAJ
2221 NORWEGIAN DR # 33
CLEARWATER FL 33763 - 2961
SZLECHTA, WLODZIMIERZ
KUNOWSKA, EWA
333 CORONADO DR
CLEARWATER FL 33767 - 2433
TRACEY, CHRISTINA M
207 CORONADO DR
CLEARWATER FL 33767 - 2431
VASILAROS, MARINA E TRUST
VASILAROS, MARINA E
111 BAYSIDE DR
CLEARWATER FL 33767 - 2502
WAZIO, EUGENIUSZ F
WAZIO, IRENA
110 BRIGHTWATER DR#4
CLEARWATER FL 33767 - 2401
Clearwater Neighborhoods Coalition
Doug Williams, President
2544 Frisco Drive
Clearwater, FL 33761
e
SEA CAPTAIN
526 BELLE ISLE AVE
BELLEAIR BEACH FL 33786 - 3612
SUNNY MOTEL L TD PTNSHP
STE 100
N19 W24130 RIVERWOOD DR
WAUKESHA WI 53188 - 1131
TAS, JERRY
TAS,TERESA
342 HAM DEN DR
CLEARWATER FL 33767 - 2451
TROPICAL BREEZE OF
CLEARWATER
163 BAYSIDE DR
CLEARWATER FL 33767 - 2502
VENDITTO, CARLO M
VENDITTO, ENRICA M
124 DEVON DR
CLEARWATER FL 33767 - 2438
WELLER, HARRIETTE M
110 DEVON DR
CLEARWATER FL 33767 - 2438
Stepehn J. Szabo, III
Foley & Lardner, LLP
100 North Tampa Street, Suite 2700
Tampa, FL 33601
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JJVA 2ft)S- -(J;OCJ z,A ~
Case # ANX2005 03008
Sign Posting Acknowledgement
I hereby acknowledge receiving a notification sign to post on the property I
own and/or represent that is undergoing either an annexation, land use plan
amendment and/or rezoning, and will post the sign (provided by Staff) on
the subject property so that it is readable from the most significant adjacent
road a minimum of 15 days before the Public Hearing.
Crystal Beach Capital, LLC
By: Neil J. Rauenhorst
Its Manager
Print ame
September 2. 2005
Date
Posting Date - No Later Than:
Public Hearing Date - CDB: 09-20-05
09-05-2005
CC: 10-06-05
2 CLW
OPINION
WEDNESDAY, JANUARY 1S, 2006 . THE TIMES
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EDITORIAL
LETTERS
Ruth Eckerd
Hall can help
ease pain its
traffic causes
other traffic control processes that
are already in place but not used by
Ruth Eckerd Hall.
Most of the people commuting
, home at night also passed by Ruth
Eckerd Hall in the morning. A traffic
sign in the southbound lanes on the
morning of events alerting drivers to
expect delays on their afternoon com-
mute would, at the very least, allow
people the option to take another
route home. This is not some revolu-
tionary new idea on my part; it is
already being done to advise drivers
of construction delays.
The Tampa Bay area has a great
n'ew' traffic advisory service,
511TampaBay. Currently, Ruth Eck-
erd Hall is not notifying
~l1TampaBay of its event schedule
and resulting traffic congestion.
All major radio stations in the
area have rush-hour traffic reports.
None are reporting delays as a result
of Ruth Eckerd Hall events sched-
uled during the afternoon drive.
For these last two, I would think it
should be a relatively easy and pain-
less task for someone at Ruth Eckerd
Hall to put the word out
Ruth Eckerd Hall as a responsible
corporate citizen of this community
should have some recognition of the
impact of its actions.
Michael Sharrow, Oldsmar
The times.thf)Y are. ,
changing in Dunedin
Change is in the air in Dunedin.
On Tuesday the community bid a fond
farewell to City Manager John Lawrence,
who had held the top post on the city staff
for 21 years. At City Hall, an interim manag-
er, Maureen Freaney, moved up today from
her position of assistant city manager to fill
in while a search for a new manager pro-
ceeds. ,
Mayor John Doglione is not running for
re-election, and a spirited campaign be-
tween two candidates wanting to replace
him already is under way.
And seven - count 'em, seven - peo-
ple have qualified, to run for a single open
City Commission seat in the March 14
election.
The upshot of all that At some point in
2006, residents of Dunedin are going to get
a virtually new government Tlle two men
who have been the city government's most
visible leaders for years will be gone and a
new mayor and city manager will be in
place. There is also the potential of a new
majority on the CitY Commission.
With such change will come new per-
spectives an.d'new ideas. Old political divi-
sions could disapgear, and perhaps, new
ones appear. .
Dunedin city government has been lq-
cally famous for years for its success in
creating a unique and appealing downtown.
It has been' congratulated for fixing severe
water quality problems that residents com-
plained about for years. It has become
known for keeping at bay development
forces that could end the town's villagellke
atmosphere, and for creating an advisory
committee system that has given a phe-
nomenal number of residents a sense of
involvement in city government
However, city government also has
been known for some less positive things: a
keep-it-quiet attitude about problems in
City Hall; letting some public facilities fall
into disrepair; failing to celebrate diversity
and enthusiastically welcome new ideas.
The months ahead could bring new
openness to City Hall and a~fresh approach
to old problems. Already, the candidates
running in the March election are bringing
up new election issues and debating the
best way to handle some old ones.
Mayoral candidate Bob Hackworth, a
city commissioner for the past rQUr years,
wants to bring more transp~rency to a city
government he considered too closed off
from the public at times. His opponent,
freelance writer John T. Conway, said he's
running because city government has been
"a dictatorship" that was not responsive to
residents. "
, Among the seven candidates wanting to
serve the two years remaining in Hack-
worth's commission term, all kinds of ideas
are being floated. Various candidates have
said they want w. e,nd the personality con-
flicts on) the City Commission, make
changes il} cf~ budget priorities, address
the city's infta~tfucture problems, do a
better job at protecting th~ environment in
Dunedin, promote diversity, sloW'down the
pace of city projects, speed up the pace of
city projects. '
Residents who want to have the oppor-
tunity to influence the direction of city
government should watch City Commis-
sion meetings on local cable Channel 15,
make sure they are registered to vote in the.
March 14 election, and watch this newspa-
per and the city's Web site for opportunities
to hear the ~andidates speak publicly. '
1:. '" ;OJ .
. "
I am a frustrated commuter.
While driving home recently,
n6rthbound on McMullen-Booth
Road, I was stuck in a traffic jam
caused by an event at Ruth Eckerd
Hall that could have been almost
entirely prevented. I am writing out
of pure frustration. I know there are,
much more pressing events we
should be concerned about. That
doesn't make these day-ta-day frus-
trations any less irritating.
The traffic was backed up fr0111
Ruth Eckerd Hall to the south end of
the Bayside Bridge, and this is not
the first time this has occurred.
It seems that during tourist sea-
son, Ruth Eckerd runs midweek
shows during afternoon drive time.
This would be okay were it not for the
person they have controlling the traf.
fic signal at the intersection of their
venue and McMullen-Booth Road.
Consistently, the individual control-
ling the signal will stop northbound.
traffic to allow left turns into and out
of the Ruth Eckerd access road.
Again, this would be okay, but the
traffic is stopped every time one car is
waiting to make the turn. Conse-
quently, in m~ny cases only a handful
of northbound ITIotorists get to make
it through the ligh~ while it is green.
And the" result is a several-miles back.
up which could easily be avoided.
Perhaps they could adjust the per-
formance start times. I suspect that is
not a workable solution for them. So,
first and foremost, they should
amend their policy of givi~g priority -
to the Ruth Eckerd Hall traffic. Their
pran needs to allow for more north-
bound traffic to flow through longe~
green lights. ';
Additionally, there are several
Officers acted properly
in shooting incident
Re: Family dispute turns deadly,
story, Jan. 13.
Donald Yates' son had already
found a lawyer when his father hadn't
been deceased for a whole day?
When the brother said the family tree
looked like something out of the
Jerry Springer Show, he wasn't jok-
ing.
How can attorney John Trevena
state that maybe the late Mr. Yates
was possibly reacting to being Tas-
ered? Did he actually think the depu-
ties were going to wait for hi!11 to fire
first? Common sense would tell any-
one that if an officer is yelling for you
Clearwater Office
710 Court St.
Clearwater, FL 33756
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to put down your weapon while point-
ing his at you, you should put it down
, and not point it at the officer. n
I for one do not think that what
these two officers did was wrong.
When all was said and done, both
officers were able to go home to their
Jamilies, and in my book, that's all
that counts. , ,
Michelle Hale, Clearwater
M
Concrete perversion \,1
on Clearwater Beach u,
I've just read the advertising fQr
the new condo on Clearwater Beach,
"Enchantment." This building is
compared by its developers to the Taj
Mahal as a "fusion" of the natural
beauty of the beach and a manmad~
"icon." It is, the developer says, locat.
ed "where the sun rises and sets on
Clearwater, Beach."
Look at the picture of this thing: It
is a concrete termite hill with cham-
bers for sale_beginning at $l-million.
It is a fitting addition to our form~
mayor's legacy: replacement of me
Memorial Causeway's flowers and
trees with a great wall of a brid~
leading to an arterial tube serving the
termite hills on the water.
We1l never learn. We11 alwaj,s
exploit but never spare. We take and
pervert. But we never appreciate,
'u
Howard C. ~tt, Clearwater
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Clearwater
BREEN, NEIL P., 81, of Clearwa-
ter, died Sunday aan. 15, 2006) at
Morton Plant Hospital', Clearwater. He
was born in New York City and came
here in 1983 from Whitestone, N.Y. He
worked at the United Nations in New
York City and traveled extensively to
other countries in his job. He was a
Navy veteran of World War II and
received a Purple Heart. He was Catho-
lic and a member of DAV. Survivors
include his wife of 37 years, Phyllis;
two sons, John, St Paul, Minn., and
Michael.' Valley Stream, N.Y.; two
daughters, Dawna ftcDonough, Tam-
pa. and Carol Hersey, HolidaY, a broth-
er, Grover, Orange Park; a sister, Ethel
Halcrow, Miami; seven grandchildren;
and three great-grandchildren, Sylvan
Abbey Funeral Home, Clearwater.
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L
t MORSE, FRANCES MAY, 95, of
'.:Clearwater and Lake Barrington, Ill.,
died Sunday aan. 15,
2006) at Mease Hog,.
pital Countryside.
Safety Harbor. She
was born in Fox,
Lake, Ill:, 'and had
been a winter resi-
) dent here since 1993.
..she worked as an executive secretary
in public relations and tooK some col-
)ege business courses. She was Prot~s-
; taut Survivors include a niece, M.
McCormick-Hassel, Southwest Har-
-'bor. Maine; two nephews, Shawn
'~orse, Pine lIas Park, and Phillip
Morse, St Claire Shores, Mich.; and a
: companion, Joan Bucaro, McHenry,
f'Ill. Osgood-Cloud Funeral Home &
",Cremation Services. Pinellas ParI<.
:;},
GALLOWAY, BEULAH TELl-
:~THA, 93, of Clearwater, died Monday
r;'aan. 16, 2(06) at Largo Medical Cen-
./,l.ter. She was born in Bristow, Okla.,
~:and came here several years ago frorp
" Pennsylvania. She worked a number of
"years as a Bell Telephone operator.
"!'She was a member of Sawyer Evangeli-
cal United Brethren Church, Survivors
J,include two daughters, Leila !'Lee" ~
per, Clearwater, and Kathleen ScI:lUltz;
Bradford, Pa.; several niece~ and neph-
"'ews; four grandchildren. Scott Jansen,
Largo, Dan Mong Jr., Stroudsburg,
Pa., Bonnie Easton, Port Allegany, Pa.,
and Jonathan Schultz, Coudersport,
Pa.; and a great-granddaughter. C,M.
Frame Funeral Home, Eldred, Pa.
SUNCOAST DEATHS
This list is extracted from detailed obituaries published in
othehegional editions of the Times. For complete
o~ituaries, please see www.sptimes.com.
Citrus
BARBRET, ZELMA, 84, of Homosassa, died Jan. 15.
Wilder Funeral Home, Homosassa Springs.
BERRY, JUANITA J., 78, of Inverness. died Jan. 15. Chas.
E. Davis Funeral Home With Crematory, Inverness.
DUNCAN, DIANE MAE, 56, of Crystal River, died Jan, 17.
Strickland Funeral Home, Crystal River.
GAlARZA, SOSONTE,88, qf Inverness, di~d Jan. 15.
Heinz Funeral Home & Cremation. Inverness.
GODFREY, MARVIN S., 83. of Crystal River, formerly of
[argo, died Jan. 16. Brown Funeral Home and
Crematory, Crystal River. ,
HARRISON, EVELYN e., 94, of Lake Panasoffkee,
formerly of St Petersburg. died Jan, 16.
Anderson-McQueen Funeral & Cremation
Centers-N.E. St Petersburg.
HICKENLOOPER, MARYANN S., 77, of Dunnellon, died
Jan. 14. Brown Funeral Home and Crematory, Crystal
River. .
LYNCH, ESTHER E., 60, of Beverly Hills, died Jan. 10.
Brown Funeral Home and Crematory, Crystal River.
McCLOSKEY, NORMA JEAN, 70, of Floral City, formerly
of St. Petersburg, died Jan. 15. Chas. E. DaVIS Funeral
Home With Crematory, Inverness.
STOVER, JOHN RICHARD, 71, of Lecanto, died Jan. 15.
Hooper Funeral Homes,lnverness.
HernandQ
DEAVERS, ALVIN L JR., 78, of Spring Hill, formerly of St.
Petersburg, died Jan. 14. Merritt Funeral Home, Spring
Hill.
DIX. RICHARD B., 81, of Spring Hill, died Jan. 15. Brewer
& Sons Funeral Homes and Cremation Services,
Seven Hills Chapel, Spring Hill:
GIBLOCK, ALBERT WILLIAM, 95, of Spring Hill, died
Dec. 30. Brewer & Sons Funeral Homes and
Cr~mation Services, Seven Hills Chape', Spring Hill.
WARNER, MARY NAOMI, 92, of
Clearwater, died Monday Uan. 16,
2006) at Morton Plant Hospital, Clear-
water. She was born in Cherryvale,
Kan'l and came here in 1966 from
Marysville, Calif. She was a school-
teacher and a member of Northwest
, Tampa Church of' Christ. Survivors
include a son, Stephen Michael, Clear-
water, two dailghters, Kathy Hutchin-
son, Tampa, and Cheryl Elaine Warn-
er, Clearwater; nine grandchildren;
and seven great-grandchildren. Moss-
Feaster Funeral Homes & Cremation
Services, Belcher Road Chapel, Clear.
water.
CARINI, JUDI11l A., 67, -of Dun-
edin, died Sunday aan. 15, 2006) at
Mease Continuing Care of Dunedin
under the care of Hospice of the flori-
da Suncoast She was born in Brook-
lyn, N.Y., and came her~ ill 1979 from
Columbia, Conn. She was a homemak-
er and she fostered animals for the
Humane Society of North Pinellas,
Clearwater. She attended rlfst United
Methodist Church of Dunedin and en-
joyed working with arts and crafts.
Survivors include a daughter, Susan L.
Caya. Dunedin; a son, Douglas J.. Tar.
pon Springs; a sister, Diana Turol,
Clearwater; and a grandson, Jared L.
Caya. Sylvan Abbey Funeral Home,
Clearwater.
Largo
De REE, HENK P., 84, of Largo,
died Sunday aan. 15, 2006) at home.
He was born in the Netherlands and
came here in 1989 from Canton, Ohio.
He was an accountant He was a mem-
ber of St Cecilia Catholic Church,
Clearwater, and the Moose. Survivors
include a son, Henk G., London, Ohio;
a daughter, Maria T. Flynn, Manistee,
Mich.; two brothers, Petrus and Cor,
both of the Netherlands; four sisters,
Annie Beufelsdijk, lies de Ree, Net
Schrama and' Jopie van Ghent, all of
the Netherlands; four grandchildren,
Maria Pellegrino, Henk J. De Ree.
Chuck De Ree, and Ann De Ree-Nicol;
and two great-grandchildren, Rhodes
Funeral Directors, Druid Chapel,
Clearwater.
GODFREY, MARVIN S., 83, of
Crystal River, fonnerly of Largo, died
. Monday aan. 16,2006) at Seven Rivers
Regional Medical Center, Crystal Riv-.
er. He was born in White, S.D., and
came here in 2005 from Largo. He was
a retired service manager for a heavy
equipment company. He was an Anny
veteran of World War II and Method-
ist He wa.s a member of the Disabled
American Veterans, Veterans of For-
eign Wars and the Foresters. Survivors
include his wife, Juanita M.; two sons,
Marvin D., Crystal River, and Dennis
A.. Dickinson, Texas; 10 grandchil-
dren; and three great-grandchildren,
Brown Funeral Home and Crematory,
Crystal River.
QBITUARIES
McDONALO, JOANN, 52, of Spring Hill, died Jan. 16.
Turner Funeral Homes, Spring Hill.
REGAN, LAWRENCe R.,51, of Spring Hill, died Jan. 14.
Brewer & Sons Funeral Homes and Cremation
Services, Spring Hill,
WORLEY, MAXINE J. "MAX:' 83, of Brooksville, died
Jan. 16. Brewer & Sons Funeral Homes and Cremation
Services, Brooksvilfe.
~
,CLW TIMES. WEDNESDAY, JANUARY 18, 2006 7
13. Whitfield Funeral Home and Cremation Services,
Zephyrhills.
BROSKE, MARY G., 80, of Holiday. died Jan. 15. Morgan
Funeral Home and Cremation Services, New Port
Richey,
CICERO, NORA E., 69, of New Port Richey, died Jan. 16.
North/Meadowfawn Funeral Home, New Port Richey.
DesROCHE. ROBERT GERARD, 68, of Bayonet Point,.
died Jan. 12. Prevatt Funeral Home. Hudson,
DICKS, PAULA ANNA MARIE, 59, of Holiday, died Jan,'
12. National Cremation Society, H'udson.
DiNALLO, ANDREW J., 67, of Port Richey, died Jan. 15.
Grace Memorial Gardens and Funeral Home, Hudson.
JENKINS, SARA JANE, 84, of Lacoochee, died Jan. 16.
Hodges Family Funeral Home, Dade City. .
RENEAU, ADELlNA L.,81, of Dade City. died Jan. 16.
Whitfield Funeral Home and Cremation Services,
Zephyrhills.
SANDERS, CLIFFORD FAXON, 89, of Zephyrhills, died
Jan, 13. Hodges Family Funeral Home, State Road 54
Chapel, Zephyrhills.
SAUER, HAROLD JOHN "HANK," 82, of New Port
Richey, formerly of Port Richey and Hudson, died Jan.
16. Thomas B. Dobies Funeral Homes. New Port
Richey.
SCHULZ. DOROTHEA. 84, of Hudson. died Jan. 11.
. Grace Memorial Gardens & Funeral Home, Hudson.
SIMMS, JOHN R., 78, of Zephyrhills, died Jan. 15.
Hodges Family Funeral Home, Dade City.
WALDVOGEL, HUGO, 69, of Honday, died Jan. 13.
National Cremation Society, Hudson.
WHATLEY, GEORGE E., 78, of San Antonio, Fla., died
Jan. 13. Hodges Family Funeral Home, Dac;le City.
WILHITE, CARL G., 72, of New Port Richey, died Jan. 16.
Morgan Funeral Home and Cremation Services, New
Port Richey. .
Hillsborough
ALLHISER, CARY N., 83, of Tampa, died Jan. 15. Brewer
& Sons Funeral Home, Tampa.
BIXLER, HARRY J., 89. of Sun City Center, died Jan. 15.
Lewers Funeral Home, Ruskin.
BUSCIGUO, JOSEPH "NANO," 92, of Tampa, died Jan.
15. Hillsboro Memorial Funeral Home, Brandon.
GAVITT, RICHARD, 36, of Seffner, died Jan. 14. Serenity
Meadows Funeral Home, Riverview,
GUUTZ,IRMA I., 94, of Tampa, died Jan. 13. Thomas
Funeral Home, Terre Haute, Ind.
HUNT, FRANCES A., 90, of Riverview, died Jan. 15.
Stowers Funeral Home, Brandon.
JILLSON, ROBERT H. "Me MIKE," 60. of Brandon. died
Jan, 12. Marsicano-B. Marion Reed-Stowers Funeral
Home, Tampa.
KERR, NQRMA M., 89, of Tampa, died Jan. 14. Blount &
Curry Funeral Home, Tampa.
LEe, GREGORY TRAVIS, 51, of Tampa, died Jan. 16.
MacDonald Funeral Home, Tampa.
MAGNER, JOAN MARI!=, 57, of Sun City Center, died
Jan. 14. Serenity Meadows Memorial Park, Riverview.
MARKS, AMELIA. 83, of Tampa, died Jan. 16, Boza &
Roel Funeral Home, Tampa.
RAMIREZ. JEAN, 79. of Tampa, died Jan, 16. Curlew Hills
Funeral Home, Palm Harbor.
SELDERS, LAWSON E. "LEE," 97, of Tampa, died Jan.
14. Hillsboro Memorial Funeral Home, Brandon.
SIMS-GLOVER, CAROLYN, 59, of VaJrico, died Jan. 13.
Wilson Funeral Home, Tampa.
ATKINSON, STUART LLOYD JR. "STU:' 57, of St.
Petersburg; died Jan. 16. Anderson-McQueen Funeral
& Cremation Centers-N.E. St. Petersburg. .
BROWN, ELSIE JANE. 68, of Gulfport, formerly of ·
Zephyrhills, died Jan. 9. Hodges Family Funeral Home,
Zephyrhills.
COTTRELL, HELEN FRANCES, 80, of South Pasadena,
died Jan. 15. Gulfport Memorial Funeral Home. 1
FAIN, CARL EDWARD, 52, of St. Petersburg, died Jan. .
12. Smith Funeral Home, St. Petersburg. .
R.EISHER, DAVID G., 63, formerly of Gutfport. died Jan.
12. Gulfport Memorial Funeral Home. I
. GORMAN, JEAN 0" 79, of South Pasadena, died Jan. 16.
Gulfport Memorial Funeral Home.
GORMAN, OTIS C., 92, of Kenneth City, died Jan. 14, ,
Anderson-McQueen Funeral & Cremation I
Centers-Tyrone Chapel, St Petersburg. :
HARRIS, JUANITA NICHOLS, 64, of St. Petersburg, died
Jan, 15. Smith Funeral Home, St Petersburg. )
KELLEY, ESllfER NORA, 92, of St Petersburg, died Jan\
14. National Cremation Society, Largo,
KOPYCHUK, LUBA, 80, of St Petersburg, died Jan. 14. J
Anderson-McQueen Funeral & Cremation '
Centers-N.E. St Petersburg.
LUTES, CHARLES W., 72, of Pinellas Park, died Jan. 8.
Abbey Affordable Cremation and Funeral Services,
Largo,
. MILLS, GEORGE D., 71, of St Petersburg, died Jan. 14. .
Smith Funeral Home, St Petersburg. I
NEWKIRK, BOBBY ANTHONY, 49, of St. Petersburg, .
died Jan. 14, Creal Funeral Home, St Petersburg. "
PINKAVA, VIRGLE B., 80, ofSt. Petersburg, died Jan. 16:
Lewis W. Mohn Funeral Home and Cremation ;
Services, Seminole. ,
ROGERS, BETTINA M., 54, of St Pete Beach, died Jan. ,
16. Beach Memorial Chapel, St Pete Beach,
SWORD, CELIA. 90, of St. Petersburg, died Jan. 13. -
Mansion Memorial Park Funeral Home, Ellenton.
TRAN, HUE VAN, 81, of Pinellas Park, died Jan. 17. Gee
& Sorensen Funeral Home and Cremation Services,
St. Petersburg.
UY, CHHAT, 74, of St Petersburg, died Jan. 16.
Anderson-McQueen Funeral & Cremation
Centers- Tyrone Chapel. St. Petersburg.
Other Pine lias
ALLMAN, ELLEN C., 81, of Pine lias Park, died Jan. 10.
Taylor Family Funeral Home, Plnellas Park.
ANDRINGA, HENRY, 92, of St. PetersburQ, died Jan. 16,
Anderson-McQueen Funeral & Cremation
Centers-N.E. St. Petersburg. .
ARCHIBLe, THEODORE, 78, of St. Petersburg, died Jan.
15. Smith Funeral Home, St. Petersburg.
Pasco
!3ARAN, IRENE R., 82, of New Port Richey, died Jan, 16,
North/Meadowlawn Funeral Home, New Port Richey.
BRADY, RICHARD DUANE, 5', of Zephyrh ills, died Jan.
GE1TER, MARY C., 86, of Largo,
died Sunday aan. 15, 2006) at Largo
Health Care. She was born in Middle-
town, Ohio, and came here in 1973
from Gennantown, Ohio. She was a
homemaker and a member of St Cath-
erine of Siena CathoUc Church, Largo.
Survivors include a daughter, Martha
Hochwalt, Seminole; four grandchil-
dren; five great-grandchildren; and 10
great-great-grandchildren. National
Cremation Society, Largo.
MAU~R, HELEN "JEAN," 84,
of Largo, died Sunday aan.15, 2006) at
Oak Manor Nursing Center, Largo.
She was born in Ottawa, Canada. and
came here in 1976 from Toronto. She
was a homemaker and Protestant She
enjoyed tennis and traveling. Survivors
include her husband, Richard; two
daughters, Wendy Rudnicki and Judi
Campagna, both of Oakville, Ontario; a
sister, Mary DeIbel, Largo; and six
grandchildren. Moss-Feaster Funeral
Homes & Cremation Services, Sereni-
ty Gardens Chapel, Largo.
HAYES, NANCY, 67, of Largo,
died Monday aan. 16, 2006) at Oak
Manor Nursing Home, Largo. She was
born in Plymouth TQwnship, Pa., and
came here several years ago from
Pennsylvania. She was a nursing assis-
tant and worked for medical and dental
practices. swVivors include her hus-
band, Peter. Holloway Funeral Home,
Oldsmar.
WIPPERf, WARREN W., 83, of
Largo, died Monday Gan. 16, 2006) at
Sabal Palms Healthcare, Largo. He
was born in New Butler, Mo., and
came here in 1990 from Wiscon:>in. He
worked 20 y~ars as a setup man for
Koller Tool & Die in Wisconsin, He
was an Anny veteran of W odd War II
and served with the 608th field Artil-
lery Battalion. He was a member of St
JOHANNESSEN, ARTIIUR 1.., Catherine of Siena Catholic ~hurch,
88, of Largo, died Sunday aan. 15, Largo, and a life member of Veterans
, 2006) at Hospice of r,oreign Wars, Wisconsin. He en-
House Wopdside, Pi- joyed golfing, fishing and dancing. Sur.
neUas P~k. He was vivors include his wife, Dolores T.; a
born in Jersey Cr1}', . s~n, Warren Yf. Jr., Qshkg,sh,_Wis.; a
N.]., and came here daughter, Jane Wippert, OsNl:o~h; five
in 1956 from Metuch- stepchildren; two brothers, Roy, Rhine-
en, N.J. He was a Ii. lander, Wis., ~d Lester, Largo; many
, cen:>ed real estate pephews and meces; a grandson, War.
broker and owned and operated J ohan- ren K. Wip~rt, Oshko~h; and many
nessell Realty in Madeira Beach for s.tepgra?dchlldren. NatlOnal Crema-
more than 20 years. He was an Arniy tion SoCIety, Largo.
veteran of World War II and served in
North Africa and Italy. As a member of
the Military Police, he guarded Gen.
Mark Clark and others durin~ the war.
He was a member for 20 years of rlfst
Presbyterlan Church of St Petersburg
and served as a deacon and assistant
treasurer. He was a past vice president
of Sons of Norway, Tampa chapter, and
a board member of Chapter 562, Clear-.
water. Other memberships included
Veterans of Foreign Wars Post 4256
Madeira Beach, Madeira Beach Elks
Club, Guli Beaches Rotary Club, Ma-
deira Beach Masonic Lodge, Gulf
Beaches Board of Realtors and Gulf
Beaches Chamber of Commerce. Sur-
vivors include his wife of 64 years,
Jean; two sons, Arthur Jr., Safety Har-
bor, and James R, Clearwater; a
daughter, Dr. Jeanne Johannessen
Smoot, Raleigh, N.C., eight grandchil-
dren; two stepgrandchildren; five
great-grandchildren; and three step.
great-grandchildren. Lewis W. Mohn
Funeral Home & Cremation Services,
Seminole.
MERINBAUM, JUANITA H., 88,
of Largo, died Saturday aan. 14) 2006)
at Largo Medical Center. She was born
in Friedheim, Mo., and came here in
1978 from St. Louis, She was a florist
and worked 10 years for Nat-
ties/Bricks Florist Shop in St Louis.
She was Lutheran. She was an avid
player of bingo, Scrabble and cross-
word puzzles and an animal lover, es-
pecially her dog rilla. Survivors in-
clude two daughters, Kathie M. Galu-
cia and Rutl,1ie D. Ady, both of
Missouri; a son, Kendall L., Florida;
four sisters, Opal Prass and Bernice
Pringel, both of Florida, Vema Myer
and Middy Melrose, both of Missouri;
many nephews and nieces; and six
grandchildren. National Cremation S0-
ciety, Largo.
UNGER, GERALDINE R.
"GERRY," 86, of Largo, died Sunday
aan. 15, 2006) at Morton Plant Hospi-
tal, Clearwater. She was born in Pitts-
burgh and came here in 2002 from
Lakeland. She worked 25 years for
HeppenstaI1 Co. in Pittsburgh. She was
a member of St. Patrick Catholic
Church, Largo. Survivors include four
nieces, Judy Staudt, Dunedin, Colleen
Lochner, Syracuse, N.Y., Anne Cun-
ningham, Brandon, and Anne Jones,
Chapel Hill, N.C.; three nephews,
Charles Staudt, Colorado Springs,
Colo., Kevin Cunningham, liverpool,
N.Y., and Regis Cunningham, Fairlax,
Va.; and numerous great-nieces and
great-nephews. Hubbell Funeral
Home, Belleair Bluffs.
OldSmar J .
KONSTANTOS, CHRISANTHE
P., 62, of Oldsmar, died Sunday aan.
15, 2(06) at Highland Pines Nursing
Manor, Clearwater. She was boni in
Greece and came here in 1981 from
New York City. She. was a homemaker
and a member of H:oly Trinity Greek
Orthodox Church, Clearwater. Survi-
vors include her husband, George,
Tampa; two daughters, Mary Konstan.
tos, Tampa, and Demetra Faulkner,
Oldsmar; a son, Sotirios, Palm Springs,
Calif.; three brothers, Stavros Manou-
velos, New York ~ity, Niko Manouve-
los, Vennont, and Jerasimo Manouve-
los, Middletown. N.].; and two sisters.
Anna Pefanis, Kefalonia. Greece, and
Denise Soupionas, Pretoria. South Afri-
ca. Holloway Funeral Home, Oldsmar.
TarP9n Springs
NICHOLAS, ELIZABETH
"GRANNY," 82, of Tarpon Springs,
died Monday aan.
16, 2006) at Helen El>-
lis Memorial Hospi-
tal, Tarpon Springs.
She came here in
1978 from her native
Cleveland, She was a
homemaker and a
member of St Nicholas Greek Ortho-
dox Cathedral, Tarpon Springs. Survi-
vors include her husband of 64 years,
John; two sons, Nick, Indianapolis, and
Michael, Clearwater; two daughters,
Sophie Papageorgiou, Tarpon Springs,
and Christina Pimenidis, Clearwater
Beach; a brother, Nick Varlamos,
Cleveland; six grandchildren; and
three great-grandchildre,n. Thomas B.
Dobies Funeral Homes, Tarpon Ave-
nue ChapeJ, Tarpon Springs.
Seminole '
INGERSOLL, JEANETTE
ELIA, 86, of Seminole, died Friday
, aan. 13,2006) at lar-
go Medical Center.
She was born in Hu-
ron, Mich., and
moved here in 1969
from Michigan, She
was a supervisor at a
restaurant and was
Protestant Survivor include two sons,
James "Jim" laBar, Largo, and Jon
LaBar, Battle Creek, Mich.; three
grandchildren, Chris Lawrence. Semi-
nole, Eric and Allen laBar, both of
Battle Creek; and a great-grandson.
Lewis W. Mohn Funeral Home and
Cremation Services, Seminole.
./
BRYANT, UNDSEY RENARD,
36, of Clearwater, died Wednesday
Uari. llr, 2006)' at
home. He was born
in Dunedin; He grew
up in Tampa, where
he attended local
schools and was ac.
tive in high school
baseball and track.
He worked as an antique restorer. He
was a Seventh-day Adventist and par.
ticipated in the church Pathfinders pro.
gram. Survivors include his plotller
/ and stepfather, Nadine ,and lames
"Curtis" Ashley, Clearwater; his father,
Harry Bryant, Lakeland; a brother,
:James Ashley Jr., Warner Robbins,
.Ga.; four sisters, Tara Battle, Latryce
J3yrant, Kim Maxie and Claudette
~ohnson, all of Clearwater; his grand-
,mothers, Lula Union and Ullie Ashley,
;poth of Safety Harbor; many nieces
;and nephews; ~d if comp!lWon;Twqi\-
<Ia Cox, Tampa. fnternatioi\al Casket
~d Urn Gallery, Clearwater.
.
..
.
..
..
= CUSHRAN, JOHN, 89, of Clear.
~water, died Sunday aan, IS, 2006) at
~Mease Countryside Hospital, Safety
I Harbor. He was born in Sand Coulee,
~Mont., and Cqme here from Grosse
:'pointe, Mich. He worked as ,a court Dunedin
;ieporter for the federal court system in ARNOW, CARL W. JR., 83, of
~Detroit He was a Navy veferan 01 Dunedin, died saturday aan.14, 2006)
~World 'war II. He was a member 'of St at Baytree Rehabili-
:,Michael's Episcopal Church,' Grosse tation and Nursing
:'pointe, and served on' its vestry. He Center, Palm Har-
.was a past president of Court Report. bor. He was born in
~ers Association, an avid golfer and Cincinnati and came
~bowler, S,ur,vivprs include hyo sons, . here in 1974 from
1John, C;learwat~r, and George: Brent. Columbus. Ohio. He
Iwood, Tenn.: a daug;hter, Dawh Splith, , was a retired sales-
[Marietta, Ga.,; nxo sisters, Anria Bobel man and' an Anny veteran. He was a
:and Mary Adatl,1s, bQth 9J Mjchigan; member 'of Sf Andrew's Pi-esbyterian
~<\ a ~an\~,s~n" M9~1\: Clujstopher, Church. .Qt!nfclm, Beland.M. Barnet
,;Southr ManetUL~ National' Cremation';: Post 12:rAmerican Legion, SOciety for
fodety, Largo. the Preservation and Encouragement
= of Barbershop Quartet Singing in
tlI , ' America and a oo.year meq1ber of York
= HARDIN, FRANCIS EUGENE Masonic'Lodge 563. Survivors mclude
:'GENE" ''TEX.'' 91, of Clearwater, his wife of 55 years, Evelyn; two daugh.
'wed Monday Gan. 2, 2006) in Clearwa-- ters, Christine Watson, Clennont, and
"1:er. He was born ill Osceola, Texas, Jamie Leeder, Canal Winchester,
'and came here in 1994 from Cleburne, Ohio; two brothers, Glenn, Clearwater,
Texas, where he worked for General and Gene, Hialeah; a sister, Audrey
Dynami,is and Fulton SChooL He was McKinney, Peach Tree, Ga.; and five
an Anny veteran of World War II. He grandchildren. Curlew Hills Funeral
was a member of Field Street Baptist HOl11e, Palro Harbor.
Church, Cleburne. He was active in the '
'Neighborly Senior Center of Safety
Harbor. He used to sit on his porch
swing and wave to drivers passing by.
On his 90th birthday, his family placed
a sign in his yard inviting drivers to
stop for cake. More than 100 drivers
stopped to visit~ Survivors include
three dausht~rs, Brenda Baker, Clear-
water, Sue Riza, Cleburne, and RUDY
Ricketts, Rio. Vista, Texas; two sons,
C.J. and Bill, both ofClebur'ne;'a brbth-
er, Dan, Rio Vista; three sisters. Mable
Bigham, Cleburne, Mary fowler, Rio
Vista, and Dona Golowski, Joshua,
Texas; 19 grandchildren; 39 great.
grandchildren; and 39 great'great-
grandchildren. Crosier Pearson Cle-
burne Funeral Home, Cleburne. Tex.
as.
BARNARD, RICHARD C.
"DICK," 92, of Seminole, died Friday
, aan.' i3, 2006) at
Seminole Nursing
Pavilion. He was
born in Chicago and
moved here in 1974
from Northbrook,Ill.
For 65 years he was a
self employed certi-
fied public accountant During World
War II he was an Army captain. He was
a member of Zeta Beta Tau fraternity,
Temple Beth-EI in St Petersburg and
the National Certified Public Account-
ing Association. He was president of
the Point Brittany condominium com.
plex for 15 years. He was a White Sox
'and Bears fan ljPd enjoyed ballroom
dancing. Survivors include two daugh-
ters, Jan Barnard Weiland, Schaum-
berg, Ill., and Carol Roark. Lake Suzy.
National Cremation Society, Largo.
MEEHAN, EMILY L, 92, of Sem-
inole, died Sunday aan. 15, 2006) at
Edinborough Healt.
care Center. She was
born in the Bronx,
N.Y., and moved
,hltre in 1970 from
Duxoury, Mass. She-
was a homemaker,
seamstress and knit-
ter and bingo player. She was a mem-
ber of St Jerome's Catholic Church
and Tamarac by the Gulf. Survivors I
include two daughters, Florence A
West, Seminole, and Beverly A.
Walters, Duxbury; two sons, Richard
J., Stuart, and Oennis P., Fort Pierce;
11 grandchildren; and 11 great-grand-
children. National Cremation Society,
Largo.
ROBINSON KENNETH C., 59,
of Seminole, di~d Sunday aan. 15,
2006) at Morton Plant Hospital, Clear-
water. He moved to Seminote in 1970
from his native Jacksonville. He was a
~eneral manager at Sutton Inspection
Bureau of Florida, St. PeterSburg. He
was a member of Seminole United
Methodist Church. Survivors include
his wife of 28 years, Candice: hts moth-
er, Louise Martin, Largo; three neph'
ews, David Buchner, Asheville, N.C.,
SCott Cook, Budd Lake, N.J, aild Tun
Cook, Middlesex, N.].: and a niece,
Laura Peres, Charlotte, N.C. Moss-
Feaster Funeral Homes and Cremation
Services, Serenity Gardens Chapel,
!.argo.
SMITH, MARY JANE, 85, of Sem-
inole, formerly of Clearwater, died
Monday Uan, 16,' .
2006) at Palm Gar-
den of Largo. She
moved here in 1968
from her native Fort
Wayne, Ind. She was
a retired nurse, and
worked at Mease I
Hospital Dunedin. She was ~ member
of St Matthew Catholic Churcn. Survi-
vQrs include her husband of 63 years,
Wiley; five daughters. Lonna Jones,
pinellas Park, Karen Underwood, St.
Petersburg, Roxann Rose.nberger,
Ford City, Pa'J Barbara Smit!1, Fort
Wayne, and Linda Miller, Hauchuca
City, Ariz.; five grandchildren; and six
great-grandchildren, Curlew Hills Fu-
neral Home, Palm Harbor,
Sell Jour. stuD.
1-811-321-5Ill
FUNERAL NOTICES
BREEN - Neil p" age 8', of ClealWater,
FL He was born on Monday, May
5, 1924, died on Sunday January
15,2006 at Morton Plant Hospital
in ClealWater. He came here in
1983 from Whitestone, NY. He was
employed with the United Nations
Headquarter in New York City and
traveled extensivety to other coun-
tries in the capacity of his work. He
was a Navy Veteran of World War
II, and was awarded the Purple
Heart. He was a member of the
DA.V. He was Catholic. Survived
by his wife Phyllis of 37 years, of
ClealWater, FL. Two Sons John
Breen of St. Paul, MN and Michael
Breen of Valley Stream, NY. Two
Daughters Dawna McDonough of
Tampa, FL and Carol Hersey of
Holiday, FL Brother Grover Breen
of Orange Park, FL I;Ind Sister Ethel
Harcrow 'of Miami, FL; also 7
Grandchildren and 3 Great Grand-
children. The family will receive
friends on Wednesday January 18,
2006 from 2-4 & 6-8, and funeral
services will take place on Thurs-
day January 19, 2006 at 10 AM at
Sylvan Abbey Memorial Park
and ~uneral Home, 2853_Sunset
Point Road, Clearwater, FL
33759 (727)796-1992.1nterment
will follow at Sylvan Abbey Memo-
rial Park with Military Honors.
SYLVAN A.eBEY MEMORIAL PARK
& Fl,JNERAL HOME
2853 Sunset Point Road
ClealWater, FL 33759
(727) 796-1992 .
www.sylVanabbey.com
If * * * *
BUNDY - J<1hn A., "', 41 of Seminole,
~ied Jaquary 16, 2006 at Hospice
. Woodside. Visitation will be Thurs.
day from 6-8 PM at ClealWater .
Largo Free Methodist Church. 380
Fulton Dr. SE in Largo. Memorial
services Saturday 10 AM at Bay
pines National Cemetery.
* * * * *
KNOX JR. - Randall H, A memorial
service will be held on Saturday,
January 21, 2006 at 4 p.m. at Faith
United Methodist Church, 403 1st
Ave. SW Largo, w~ere Mr. Knox
was a member of the choir for the
past 33 years. He died Nov. 14,
2005 and was given a fuff military
honors burial in Harrington, DE on
Nov. 19th.
He served during WWII and con-
tinued his se....ice in the Air Force
Reserve where he rose to the rank
of Ueutenant Colonel. He retired
from Norgas as a Distr:ict Manager
and later Suburban Propane Co,
Mr. Knox was a 32nd degree Ma.
son and a member of the Taff Ce.
dars of lebanon, the Scottish Rite
and the American Legion.
He is survived by his wife Betty
Jane; two sons, Randall H. Knox III
of Santa Cruz, CA and Donald S.
Knox of Wyoming, DE; a dllughter
Sandra Drugash of Largo; two sis-
ters, one brother, six grandchildren
and three great-grandchildren. Jan.
uary 21st would have been Randall
and Betty Jane's 61st Wedding An.
niversary.
* * * *
WILHITE - Cart G., 72, of New Port
I Richey, passed away at Mease
Dunedin Hospital January 16, 2006.
He was born in Detroit, MI and
came here 28 years ago from Con.
cord, TN. He was owner of C&V
Property Management. He served
in the U.S. Navy and was a Meth.
odist. Survivors include 3 sons,
Cart of New Port Richey, Gary of
Germany and Terry of Trinity, and a
brother, Cliff, of New Port Richey.
There are 8 grandchildren, There
will be a memorial service Satur.
day January 21st at 11:00 AM at
First United Methodist Church,
5901 Indiana St., New Port Richey.
In lieu of flowers the family has
requested donations be made to
the Hospice of your choice. Morgan
Funeral Home & Cremation Ser.
vices (727) 841-3999
* * * * *
urru
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8 TIMES. WEDNESDAY, JANUARY 18, 2006 cLW
to CONTACT US
p:elivery: 895-1181
News phone: 446-6397
News fax: 445-4119
Mon-Fri: 9 a.m. to 7:30 p.m.
S'.at-Sun: 9 a.m. to 1 p.m.
By a-mail: northpin@sptimes.com
'-....~
,BEACH DAY IS A BREEZE
OVER 40 YEARS' exPERIENcE
Rendl1ck'Rooling, Inc.
1956 Wolford Road · Clearwater, FL 33760 ' .
AN EDITION OF THE ,~
/ ~t.l1tt~rsburg <<hnt~
" - .I~
WED N E'S OAY., ')AN UA R y', a/200$, ~. TH ET I M ES
'.' ",' '.
,
..
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, ..
"
.
..
.
,
,
,
1
~Hotel-condo developer
. I ' '. .
eeks changes
, .
Family Owned and Operated
Licensed & Insured
No Sub-Contractors
'.' Melai
nle
Shingles
Rat Decks
leak Repair
Commercial and I
Rusldendal
rl-531-1025
Uo. ICCC1326123
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~
"
"
~
I. '. '
Reading Jrom a city:wptten summan;
of the chart~es,~)~~iwater planner W ayn~ -
W~l1.~said ?n~ 9' tM ~mendments would
an~ll~:"thil stoI?e:,Qf tQe, project to account
fot' Proje'Cted' vacancY iat~s anden<;ible the
fh~~o~~tt~~h~~t~~~:h~~~~~i~ ~~h~
otherWIse be Vacant.".. .' . ,": '.
',..... The charig~\youtd l.ead"tQ greater use
Of the hotel amenitfes and facilities," Wells
'finished. " '" . ", '
') What.that mean~ ii that owners of the
, ",.. .).:~ <I ':._
" .' Please see CHANGES Page 6
session, city planners supported the
changes, and at least two council memo
bers, John Doran and Hoyt Hamilton,
appeared ready to agree. A formal vote is
scheduled Thursdaf. . . .
Planners later made the same presen-
tation to the city's Community Develop-
ment Board. City staffers used comple~'
language at times to, explain amendments
to a previously ratified development agree.
ment At least two board'members did not
fully understand what the proposed
changes were.
'-4,
work can begin.
The cha.nges, among other things,
could delay the resort's construction until
the end of the year and double the number
of days condominium-hotel unit owners
could use their rooms.
That, in turn, would reduce the total
nUll1ber of room nights available to tour.
ists who typically spend more money and
pay more tocal taxes during their stay.
Without the alterations the project
could be dead, developer Neil Rauenhorst
.Of Tampa is telling city officials. Rauen-
, horst did nQtreturn a message TuesdaY.
. City leader~, meanwhile; are still trying to
understand .the ramifications of the
change, wpich could also affect its Beach
Walk improvements along S GulMew
B9ulevard.
The situation is all part of a delicate
dance between a city desperate for 400
public parking spaces. that the resort
would provide and developers. who need
to justify the $18.5-million they have al~
ready committed to the project. ' .
On Tuesday at a: City Council work
. He says if the city doesn't
approve allowing Hyatt condo. ,
owners to stay 60 instead of 30
~hts, the project might die. '
!3y AARON SHAROCKMAN
Times Staff Writer
"
~ CLEARWATER - The developer of a
plaI}l1ed Clearwater Beach Hyatt is asking
for additional concessions from the city,
saying more changes are needed before
Dunedin
THEY'RE BEING EVICTED:
At linger Longer M,obile
Home and RV Park near
. rafpon Springs,
residents'vvorstfears
have come true.
Ill, a
manager
expresses
. farewells
'mobile
By ~OBIN STE,IN
, Times Staff Writer
: TARPON SPRINGS - A year
ago, Bob and Betsy Hill paid'
$20,000 for, a 1975. double-wide
, mobile home in the Linger Longer
Mobile Home and RV Park.
. A few days later, they learned'
the park's owner had decided to
~ll arid" would soon send out a
formal six months' notice of evic-
tion. " .
: That 'eviction notice arrived
Dec. 2.
. .~ "Had we known. we wouldn't
have bought it," said Bob Hill. 78,
: a retired supervisor with the
Wisconsin Department of Correc-
tions. ''We were very angry."
Most residents in the mobile
home section of. the park own the
: dwellings but pay $307 a month to
pnger Longer Mobile HP Ltc to
, tent the,lana underneath. ,
~; Residents say the tight-knit
~ommunity is ail idyllic slice of
(COld Florida," where golf' cart$
ramble up and down the miniature
lanes and people gatlJer o~ dQ<,":ks
,~d porches adorned with;wel"~'
_ come signs, wr~aths and wind
.; fhimes. The rnenrilake breakfast~
'c every Saturday morning in the re-
creation center, a lodge from the
'days when the property was still a,
fishing camp. Today it is where
they gather, for bingo, fish fries,
Valentine.'s Day dances and fash.
fon 'shows. ,
"': Now, residen.t$ must make
plans to move; though many mo-
pile homes, including the Hills',,'
are too old to be moved and have
fo be abandoned. '
; "We can't get ~. permit to move
down the highway," said Ben Dar-
nell, a retired plant mainteriance
supervisor from Kalamazoo,
Mich., who has come to the park
for six months every year since
1994 with his wife, Phyllis, 73.
. They had planned to live in
Florida Year-round f01 health rea-
~ons, so they installea new living
room carpet and kitchen flooring
in December 2004. They learned
the park might be sold the day
they got the bill for the carpet,
parnell s~d. . .'.
" The owner, a Californla compa-
ny headed by William Walters,
. trled to let residents know early on.
th~tth~ park might change hands;.
sald Blll R. Capps, the owner's
Florida representative. '
, That's why the owner sent out
letters nearly a year ago in a
~'goodwill" effort to notify resi-
de.nts as soon as possible, Capps
.sald.. ,
. Unlike the eviction notice, the
Jet~r early last year was not reo,
Please see UNGER Page 6
.II
III
A
.""
.II
WE KNOW YOU WANT MORE
BANK FOR YOUR BUCK
WITH FREE PEn.SONALCHECKING and HIGHER YIELDS!
world
. About 900 invitations vvere sent out
for a retirement party Tuesday for
John lawrence, vvhose 21-year tenure
is the longest in the city's history.
,c' , '. ,\ ..'.. limesphotQ-KATHLEENFLYNN
, Keith Oooley; 70;a.nd Mimi Mu.silJ 73, ~ug after resi~ents of Largo's "~,,:-
Ra~c,hero Vi~la9,~~~bil~ Home Pa,rk c~~sed o;n ,its, purchaseJuescfay-~ -:.: ..;
2 00%*' 3 35%* 4 25%**
ANNUA~ ANNUAL ANNUAL
PERCENTAGE PERCENTAGE / PERCENTAGE
. YIELD' . YIELD . YIELD
INTEREST CHECKING SA VINGS ACCOUNT 6 MONTH CD
ACCOUNT MAINTAIN A CHECKING ACCOUNT (EXCWDING
MONEY MARKET ACCOUNT 10 EARN STATED
$1,5400 MINIMUMSBALANOCB TO mSTAr:",O*APY 4 6APY),S Of ** 4 75 fJ1. **
10 . 10, 10
ANNUAL ANNUAL ANNUAL
PERCENTAGE PERCENTAGE' PERCENTAGE
'. YIELD , . YIELD . YIELD
1 YEAR CD:-,- 18 MONTHCJJ . , . .' ,2 rEAR co
By TERRI BRYCE REEVES
Times Corresponde'nt
,
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DUNEDIN -:""Tuesday was a bitte~sweet day f~r
. City Manager John Lawrence as he took down hIS
diplomas and ,Pictures and cleaned out his desk at
his office at Clty Hall.
Lawrence, 59, recalled downtown when he first
came to the city as director of planning 25 years
'ago.
"It was virtually a ghost town, with a dust devil
rolling dow~ the middle of the street. yr e re~lly had
no w~ter.tr€;atme.nt pro~rarn' We baSically Just put
.. chlonne mto the water. .'., '--c. '. '
; , Since then, Dunedii1 has tlllclergone mOQumen:
au changes -- ,even garnering the ~ttention of
national magazines like Money and Southern Living. .
In October, Lawrence announced his retire:
ment, saying he a,nd his wife, Jo, wanted to move
closer to their son, Matthew, and daughter-in-law,
Milota, who live in Georgia. His tenure -- 21 years
as city manager ...::.- is the longest in the city's
history.
Lawren~e's vast experience in managing an
urban environment sh.ould come in handy. He is
negotiating with officials at Kennesaw state Univer'
sity and anticipates getting a position as an adjunct
professor teaching classes in urban planning. .
"I have a real attachment to this town, but it's
time to move on," he said. .
He did have one tear-jerking moment Tuesday,
he said. It was when he had to hand over the keys of
his black 2004 Chevy Trailblazer back to the city.
Please see LAWRENCE Page 5
'h,,;' ~ i,
Jennifer Ramirez ofWUlimantic, Conn., shakes offller blanket in the wind\\rhile her daughter Ajia
Sterling, 2, coverS up and closes her eyes to protect herself from blowing sand Tuesday at Clearwater
, Beach. They ate visiting the area for the week. ' .
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" Times photo..,- DOUG~S A. ClIFFORD "
. Bill Clark, right, greets Arthur Schuck and his walking buddy, Buffy,d4ring a stroll Tuesday through Linger Longer. Many o(tbe
park's homes are bId and have tobe abandone(j. " c '. . " , ,
~~<~
...)
''Toward the end, I rost a couple meet the new g9al~ Then last week,
nights' sleep," said Keith Dooley,,70, a residents started dropping out for
retired telephone company worker who health and finan,cial reasons, Dooley
chaired the acquisition committee, said. There were. a few anxious n1o-
Homeowneis had to come up with' ments before the number s.tabilized at
$52,000 for each lflkefronnotor $49,000 408. .' '. .
each for the remaining lots. They took t At the same time, the group raced to
out a $43-millioQ, baulS: lo.an for the pur- meet ~'qeadline last .week to raise about
,chase. .,.. "'., \',:", $l9:nulllOR for dosmg and down pay-
InitiaIlYr the committee tl)9ughff 'ment costs, On Friday, D,ooley had to.
would need 360 residents at tfie 946-Iot '. run a check to the attorney S office when
park to buy'shares 'in a new oWnership the bank, delaye~ a transfer.of about
cooperative. Bu~ after homeowners cele. . $300,000. .' ;.. . ",
brated their future purchase with ii" " Mo.st resl~ent~ had no. Idea about
champagn~ tOjlst twomo~ths ago, ther' the actio.nbehmd the scenes. Many who
learned they needed at least 400 reSl- bought III ]lad no regrets. They saved
dents to. commit. ' , . their homes, protecting them fr?m de.
Committee' members. knocked on velope,rs who have been scoopmg up
doors and called seasonal residents to Please see RANCHERO Page ,6
TIfEY'RE SAFE NOW: Residents
of the Ranchero Village
Mobile Home Park in Largo
closed Tuesday on the
purchase of their park.
/'
back and neck pain, you need to attend Las
ar. Our Doctors will be there to give you a d
ur technologically advanced, laser ass
rid back. This is an out!'p-atlent arthros
traditional open back surgery.
n and answer sessions Imm , Iy
entation to insure thatalt"
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By LORRI HELfAND
Times Staff Writer
f', ' ,y ,
'. WGO - Ranchero Village home-
owners bought their mobile home p"ark
for $60-million Tuesday, possibly setting
a record for the largest mobile home
park in Florida ever purchased by its
residenf~. '
, But unbeknown to most homeown-
ers, the deal was at risk as recently as
last -Week. . , . '. ..
"41
Times photo - KATHLEEN FlYNN
John Lawrence laughs at his retirement party
Tuesday at Bon Appetit Restaurant as co-owner . "-"
Peter Kreuziger, left, recounts a trip they took to
Salzburg, Austria, last year,
conditions:
· Bon,e Spurs
amina,1 Stenosis
ve Discs '
, j.
. Fake bills look convincing
DIGEST
~ arrested after drug. found in trllf?k near ,CHS
CLEARWATER""':' Clearwater High School "'Ias. locked down briefly
Tuesday as officers chased three men who were later found with
Prugs, police said. At 12: 17 p.m., a school employee confronted the
". (nen, who were sitting in a truck in the school parking lot, and asked if
they attended the school, pi)lice spokesman Wayne Shelor said. The
, (:nen said they didn't and drove off school grOUnds to a lot across the,
street, Shelor said. A school resource officer then went to the truc~
. and two of themen jumped out and ran, he s~jd. They, as well as the
man behind the wheel, were later arrested: None of them had been
identified, but marijuana and cocaine were fijund in thevehicle,
<. phelor said.~ Charges "Yere pending Tuesda~ afternoo~-.
Und'er the glow'
of fluorescent
light, a liquor
store owner
noticed that the.
hologram on the
fake $100 bill Was
in fact that of
Abraham
Lincoln/not
Benjamin
Franklin, A
federal agent
says the serial
number Iis~d on
the counterfeit
'money'matches
that of fake bills
. used in other
.. states.
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these and other hiccups will lead them to a
. man and a woman, who they, say, turned $5
bills into $100 bills and spent them in Palm
Harbor and Oldsmar on Saturday.
The counterfeiting pair spent $900
worth of the bills on small purchases at a
movie theaters liquor store, pizzeria, musiC
store and gas station. They made money
from the change, received from the pur-
chases, reports said.
The normal technique of using a dete<<
tor pen, which uses iodine to detect the
starch in paper -:- ofte.n used to make
counterfeit money- didn't pick up on the
fakes because the $100 bllls were r~aJ
currency. Authentic U.S. currency is made
of cotton and linen. .
. The counterfeiters used a combination
of chemicals and technology to carry out
Please see BQGUS
. The Sheriffs Office is looking
for a couple who passed the
bogus money in North Pinellas
.... on Saturday. ,
)' . J< ", ~ ~ 'I' ~~
,', . . 'rH1SlSi1'ti'ENUINB". ~ :"~
.'<,~!Y"
t , (" " ~ t,~ " :" ' ~
www.book-market.colII
By NICOLE JOHNSON
Times Staff Writer
anN EVERY DArt
MOl-Sat 10..9, SUI NOOII-6,
/ .
1 In the world of counterfeit money, this
is a pretty good job.
The ornate border along the bill is
exact
Benjamin Franklin's pursed lips ate
unflawed.
But there are mistakes.
Matching serial numbers.
The faint underbelly of the No. 5 peer-
ing from underneath the 100.
, . Local and federal authorities are hoping
8a1C~. .
819431.01
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, IN THIS SECTION
, 'j
Opinion.....................:....,........;......,.............. ..:,.,..:.....................:....:.,.........2 . .~
Sports ..,.......... ............................................. ..:...,............,....,...."....,..:....... 4
~ r , . _
II Out & About ............................;...................::..."..,...........................,........ S .
~ . . .
0009 for You ...................."...,..,.....,..........,.":"...",,................;...........".... 6
9bituaries ;....~....,. ..................... .~....... ..;,;; .;~.......:............ .;,.."...........~......! 7
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'~~4 TIMt;S. WEDNESDAY, Jp:.NUARY 18, 2006 CLW
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i
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SPORTS
"
,
JESSICA FISH
CYCLING/TRIATHLON
ison Square Garden.
SPBC member Denise Woom-
er of St. Petersburg is a nurse
whose children, Trevor and Mi-
chelle, reached national promi.
nence after being mentored by Sin-
ibaldi, and Team MAJIC cycling
coach Mike McCollum. Woomer
was with Sinibaldi in his final days.
"John squeezed my hand, and
there's no question that he knew
who I was, and that I was there for
him," WQomer said. "He knew he
was dying and he accepted it."
Among those coming to pay
,their respects last week were cy.
clists who had known Sinibaldi for
decades - British cyclists and for-
mer U.S. Cycling Federation Flori-
da District Representative Ted
Bow1es and his wife Jean, also a
former national champion cyclist,
now living in Tennessee; and Mas-
ters World Cup winner Joe Hayes
'. and his wife Angelle, now living in
Port Richey.
Also in attendance were Palm
Harbor cyclists Dianne Franz, Bud
Bradley, and Anthony Monaco, of
,Suncoast Cycling Club. These rid-
ers organize the Diabetes Chal-
lenge Ride each fall and they. hon-
ored Sinibaldi, as a former Olympi-
i an and u.s. Bicycling Hall Of Fame
inductee (1997), at the last several
events.
The American Diabetes Associ-
ation was Sinibaldi's favorite chari-
ty, as it was complications from
this disease that took the life of his
wife.
Sinibaldi's. pallbearers were,
, Roger Burke of seminole, and Jean;
Goergen, Bill "Boston Bill" Hans-
bury, Rue Morgan, Tom Stevenson
and TIno Weidinger, all of St. Pe-
tersburg. This group, along with
cyclist Rev. Bill Undberg, helped
sons John Jr. and Robert pay trib-
ute to Sinibaldi.
"After 18 years of having had
the good, fortune of knowing this
very humble, and softspoken man,
I have come to these final thoughts
on John," Stevenson said.
"John was out ambassador to
cycling, our institution on two
wheels, a natiol\al treasure, and
our friend. He was our window to
the world, when our sport was in
its infancy. May we carry it on with
, the same dignity he has since so
maintained."
Sinibaldi wore his favorite na-
tional championship jersey, a gold
medal and his old cycling shoes,
when he was buried.
At the cemetery the pallbearers
all wore their cycling jerseys from
the various local dubs. Mer Lind-
berg's final remarks, the sprigs of
rosemary were tossed into the
grave, and the. clinking sound of
metal was heard, echoing in the
wind.
Sons John Jr. and Robert hand-
ed 'each mourner one of their fa-
ther's cycling medals out of a huge
basket. The basket contained a
tangle of ribbons and medals from
every championship Sinibaldi had
ever won. A sticker on each ribbon
read "John Sinibaldi, Olympian
1932 and 1936, National Champion
18 TImes, Hall Of Fame 1997, A
Legend Forever." /'
"I know Johnis in heaven right
now" said Tampa cyclist Ellen,
Kast. "John is young, and he's go-
ing on bike rides. Betty is waiting
for him to finish and come home.,
He was the best. He is smiling that .
smile." '
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Thursday, Feb~uary16,2006 '
9:30 am.2:00 pm
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At this seminar, you'Ulearn how
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Event to'be held at:
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. 300 Highland Avenue' .
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18409 US 19 N., Clearwater
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Financial Consultant
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AG. Edwards does not render 'e~a1 advice. YDU should consult your legal
odvisar regarding your speci(i< situation.
200~ A,G, Edward. " Son.. Ino.. Member SIPC , www.agedward.,oom
LEGAL NOTICE
NOTICE OF PUBllC HEARING
". . C ~ '.J; ~
Notice is hereby given that Public Hearing will be held by the Historic Preservation
1;30ard of the rown 01 Belleair, Florida on request for removal from list of historically
significant structures at: .'
. ' .' J
535 Rosery Road, Belleair, Florida, more particularly described as:
. BEG 538,3 FT W OF NE COR OF S6 V4 OF SE V4 FOA POB RUN
S 175.9 FT TH W 129.1 FT TH N 176.46FT TH E.
Parcel No. 29/29/15/00000/440/01.00
1570 AI~xander Rd, Belleair Florida, m~re particularly described as:
BELLEAIR, BLK 75, PART LOTS 1-~ & TR 0 BILTMORE
SUa OESC BEG AT MOST W'LY COR OF SO TA D.
Parcel No. 21/29/15/06462/07510020
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The Historic Preservation Board will ,meet on this matter on TUESDAY, JANUARY
24,,2006 at 4:00 P.M. at the Belleair Town Hall, 901 Ponce de Leon Blvd., Belleair,
Florida."
Persons are advised that if they decide to appeal any decision made at these hear-
ings, they will need records 01 these proceedings and for such purposes they may
need to ensure that verbatim records of the proceedings are made, which records
include the testimony and evidence upon which the appeal is to be based.
Notice to persons needing special,accommcxfations and to all hearing impaired
persons: In accordance with the Americans ,with Oisab~lities Act person$ needing
special accommodations or an interpreter to participate hi this pr~ceedi~g should
contact the Towo Clerk's Office at 901 Ponce d~ Leon Blvd., Bell~a", Flonda 33756
or call (727) 588-3769 x214 or Fax (727) 588-3778, not later than seven (7) days
prior to the proceeding. < ,
D. Carlen
Town Clerk
TOwn of Belleair
-'"'
.-'N.'
TAMPA BAY
3813 W.Kennedy Blvd,
(813) 801-9811
! CLEARWATER
26024 U.S. Highway 19 N.
(727) 723-0417
IN-HOME CON~ULTAT10N AVAILABLE IN MOST STORES - CALL FOR DETAI~S.
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Rheumatoid Arthritis Study. . ", 'i,
It's a clinical research study of an investigatlOr1a'\
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Study participation provides study-related ca,re ((,om
a physician specialist at no cost,' as well as the, '
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For more information'or to see if
you qualify, please callt()day:
The Research'Oep~rtment
727.789-2784 ext.22
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OUT &A~09T<
. All area' codes are 727u~less otherwise noted.
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at 298-3271.
THUR~DAY
~006 CELEBRITY SHOWCASE: Largo Recreation
Parks & Arts Departmenfpresents A Tribute to the.
Platters, featuring Bobby Stringer froin 1 to 3 p.m,
. Thursday at Largo Community Center. Tickets are $10
plus tax in advance, $12 plus tax at the door., Call .
518-3131-
AUTHOR TO DISCUSS HEALTHY EATING: Dietitian
and author Cynthia Sass will discuss f60d, ,
relationships and healthy eating at noon, at the
Clearwater East library, 2251 Drew Street-The ,
program is free, Bro""n bag lunches ,ara welcome.
.' Copies of the author's book Your Dietls Driving Me
Crazy will be available for safe. Call 582-4970, ext.
5284.
T~BUTE TO THE PLATTERS: The Largo Community
Center, 65 4th St NW, Largo, will present Bobby
Stringer's Tribute to the Platters from 1 to 3 p,m. ,
Dress is casual, Refreshments will be sold, and.
alcoholic beverages are not permitted, Cost is $10 in
advance, $12 atthe door. Call 518-3131.
HISTORY COMES AUVE: The Palm Harbor
Newco~ers Club will hQld a luncheon meeting at
10:,30 a.m. at East Lake Woodlands Country Club,
Oldsmar. The program will feature Nan Colton in
character as Catherine th,e Great. Call 938-7620, .
SMART EATING: Dietitian/author Cynthia Sass will
discuss food relationships and healthy eating at noon
at the ClearWater East library, 2251 Drew St. The
lecture will explore hot topics such as cholesterol,
diabetes, obesity and insurance issues, Copres o~
Sass' book will be available for sale and signing. Call '
562-4970, ext. 5284.
FRIDAY.SUN'DAY
ALL THATGLrrtERS: Pin~U~sgeological Society's
30th annual Gem, Jewelry and Mineral Show .and Sale
, will be held from 10 a.m. to.6 p.m. Friday al1Q Saturday
and noon to 5 p.m. Sunday in the Parkside Room of ,
, the Largo Cultural Center,. 1 05 Central Park Drive,
Largo, Call ~4-2440,
TODAY
N~ YEAR'S DANCE: Largo Recreation ParkS & Arts
Department will sponsor an afternoon of dancing to
the Ellis Hale Combo from 1 :30 to 3:30 p.m. at the
Southwest Recreation Complex, 13120 VOM f\oad,
Largo, Dress is casual and refreshments will be, .
provid~d. Tickets are $3 per person. Call 51 $-3131~.
AUTHOR TO SPEAK: Lee Irby, teacher and author of
7,000 Clams, will be the guest speaker at the annual
luncheon meeting of the Friends of the Largo library at
11:30 .a.m. The event will take place in the Jenkins
Room ofthe Largo libraiy, 120 Central Park Drive,
Cost is $10, Call 595-8307. '
EXTREME NATURE: Fantastic but true discoveries in
science will be discussed at the Hale Activity Center,
330 Douglas Ave., Dunedin, from 1 to 2:30 p.m. Fee is
$1 with Dunedin Recreation card, $2 without. Register
Bogus from Page 1
TInus noticed that the hologram
on the $100 bill he was holding was
. in fact Abraham lincoln, not Benja-
mitt Franklin. ,
. Each U.S. currency bill con~
tai,ns a hologram image that
should match the president on the
bill.
''When we held it up to the light
we noticed something was wrong
- it wasn't Franklin," said TInus,
, who owns Emporium Liquor Shop
at 3150 Tampa Road. "Unfortunate-
ly, that was after the fact"
The perpetrators spent $7.53
on a pint of McCormick Vodka and
a pack of Basic cigarettes~ In an-
9ther purchase, they spent $11.22
on a' fifth of. Hiram Walker Root
Beer Schnapps. They got at9tal of
$18.1.4 7 iItc~,an&;e, ,,'
\
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I
tCycling world suffers
rloss of a true legend
. ' , '
I St. Petersburg 'Bicycl~ CI~b
I members ~ay they 1l0w are real1Z-
. ing that John Sinibaldi Sr. will not
, pedal up to the ,start of the
, WedneSday and Friday morning
: ride'~ at North Shor~ Pool.
:: The patriarch of U.S. Olympic
~:cycllng passed away 011 Jan. 10 at
_ the age of 92.
...~ Sinibaldi had the strongest
:: mind and body of any cyclist they
~ knew. But, impossible as it seems,
iO{ the SPBC members, along with
\ 300 friends, fap1ily, and fellow cy-
\ . clists, joined in putting him t~ rest,
~ :: . alongside hIS be-
, loved wife Betty,
on .a foggy, full-
moon evening i11
St Petersburg on
Friday.
- Many noted
!i the weekend's
i' extreme weather,
! : John all;d; it see,?edbal.
~ - S' 'b Id' S most eene, e.
I" In! a I r. cause Sinibaldi
- always lived by the weather. Rarely
I.~ missing a day of cYcItng during his
i career, whkh spanned 75 seaso!l~'
e- if the pavement loofed dry, SlUl-
. baldi would get on hls bike for the
r 8:30 ride. ;
: ' When cyclists would question
; . the weather, they would call Sini-
: baldi's house. '
"Wait just a minute, and I'll tell
;. yo\l it it's going to r;;lin," Sinibaldi
wQuld say. ' .
The kitchen screen door could
be heard sl~ng shut He. would
be gone for a mmute; then back on
f the 'phone. His prediction was al-
I ways cortect. '.'
. The loke around the SPBC
~ breakfast table was ,that Sinibaldi
: went out to check hi~ green beans.
r Gardening WqS his true love, and
.1 c he would tend' tp rq'ws of vegeta-
f ,bles., ' ·
t ,. Ever since the Sinibaldis re-
J . tired to St. Petersburg in the 1970s,
l. neighbors knew they could hire
:: Sinibaldj to catch pesky possums
: in his homemade cages, arid Sini-
t baldi boasted about only usipg or-
~ _ ganic inaterials.' "
,Neyer one to drink a fancy
f sp6fts drink, eyen ,at nation.al
.. cbarPpionships. Sinibaldi said he
~ dtal1k~ liter of juice froin his trees
: every day. .
. . SOme club rnell1bers recalled
" that years ago, Sinibaldi was
, thrilled when' his :'connections
. With tlie city", as he called them,
:' who' had llefped him obtain a large
;. quantity of .hor~e manure from 10-
· cat stables, for free.
~ 111is'. would, be great for his
~ garden. While Sinibaldi was at the
~ mornmg ride, the workers depQsit.
: ed. t~ ll1ountainous pile in the
:_' rhiddlClofhis driveway, while Betty
:: j~~thal?pened. to be passing py the
,0 liVIng room wmdow. '.
: ' ','The. ileighb,or; aCross the,
: str:eetge~s ~ n~y; C4dillat;," Betty,
. latigfied; Joking tn her native New'
: Je~el,actent. "And, this is what I
. get/? "
" ~was Mow..n th,at any cyclist i.n
nee 'of a repair or advice could SPBC member Mel Lucas was
wal around to the i back of the the .' rider whom Sinibaldi saved
hOuse for a quick hug, or a rear from a vicious dog attack several
deraillellf adjustment years ago when Sinibaldi came rid.
Cyclist Li.sa Pesta .w.as b:a~e ing up behind her. Sinibaldi
enough to slllg for . SlUIb,:ldl, III __ jumped off his bike and tried ~o
fr.6~t of.. hundre1s of cyclists. at 'fend off the biting dog, using his
SInIbaldI s 80th birthday party, In a bicycle to shield Lucas while
packed church across from North waiting for police.
Shore pool. I .' ,
Mostly known for daring. Lucas carried a basket at Sini-
mountain bike racing moves and baldi's graveside and handed each
her carrying' of th~ 1~6 Olympic mourner a sprig of Sinibaldi's rose.
torch, Pesta surpnseq her SPB.C mary, which was as thick as the
frien~s. They were n.ot aware tnat tree bark, vibrant, and tough, just
she IS, an accomphs.hed mus,ic like the gardener who had planted
teacher ;Vho pl~ys dann~t and pla- it.
no and smgs Wlth a beautiful VOIce.
SPBC members knew Siilibaldi
t was. a music fan (he .listened to
~., opera and classical music every
F mght before his 9 p.m. bedtime),
I, and the plan wa$ for Pesta to get up
:: on the stage facing the head table,
.. where Sinibaldi and his family
.. " .
.,' were seated. In a clear, Voice, Pesta
~\ sang fVJ'~d Beneath My Wings.
1. Tbefe' was not a dry eye in the
:- hall uhtil Pesta reached behind the
:~ sta~e curtai.\l, for her latest art
t' proJect: a golden hand molded of
~. paperfuache. '\ .
i, -.'" AJ;1d. for your hCl.nd pushing
: me," Pesta sang loudly, after the
~~, last verse. laughing ancl with tears
, streaming down her cheeks, as
:, she gave Sinibaldi the "Golden
~' Hand Award." The crowd erupted
t into laughter, realizing Pesta's
i prank on Sinibaldi.
, Sinibaldi's favorite move over
~. the years was to ride past the back
~; of the paceline, placing his l1and 011
:t the small of a rider's o~ck, propel-
~ lipg them gently forWard duiing a
~ finishing sprint
~. Needing the assistance, slower
~ riders always appreciated this ges-
e' fure, v.<:rfected during Sinibaldi's
~ days (l932, 1936 U.S. Qlympic Cy-
.~. clin~,Teal11) oHeam racing at Mad-
o :";:~:>"~' ',> I '
"
~
their scheme, authorities said.
They first bleached several $5
bills to remove the numbers, re-
ports said. The next'" step was to
transpose a scanned image, of a
$100 bill onto the bleached billS>.
Each bill featured the same serial .
number, linking the q>unterfeit in-
cidents.' . " .
'. 'They look pretty convincing at
first glance," said Rick Narum, a
detective with the Pinellas. County
Sheriffs Office Economic Crimes
Unit
1 kThat is until you take a' clo~e'r
00. .,
Under the fluorescent shine of,
the light i~ his liquor store, Wayne
i r,;p..,
.,.
"
"
Lawrence'? ',I
, . ,
'. from Page 1
goodbye to a friend, colleague and
mentor she has known for two
decades. ,
. "It's hard letting gO; I'll miss
him:' she said. "At the same time,
I'm having to focus on keeping
thihgs stable and the ship afloat."
She also was preparing fOf her
musical farewell to Lawrence. She
planned to sing a little ditty called
"John Lawrence Got Run Over by a
Commissioner" (to the tune of
Grandma Got Run Over by a Rein-
dee~) , \
'..
"
,
. . .
I,:
While Lawrence Cleaned out
his office.. others were getting
ready for his sendoff paI:ty Tues-H
day night. " .. .
, Peter, K[euziger( <;o-owner of .
, Bon Appebt Restaurant, volun-
teered to host tlie bash with hors
d'oeuVres and acash bar.
. "lleit ifup tp the city to send
out the invit<!tions, and I think they
sent out about 200," he saidTues- - Later in the day ~t his retire-
day aftellloon", "I just found qut m.ent party, guests ~ald they felt a
,that, the Gnalllo,er of: <;onuneJc~ Wld~ ran~~ ofemoti,I;:ms. . ..
r{~~Q.j;~,~t:'()yJ'7M "q' 'taqon'$;' We''': .~ N~\1cy.- Dugga~, l\u-n:a~~l~-
.. have' n~Tdea hQ~iJah1 ~opte wil!. sources dlfector"for the CIty; S8.1d
, ,,~how:, UR. It ~otdd be 200 or 1;200. sh,e filed all the final paperwork for
but tliat's the chaUenge of the res- Lawrence on Tuesday. ,
murant bUsiness:' , . "It's sad," she said. "I've
, " worked with him since I was 16
, '. . ., . years old and a librarY aid." .
,., . . She and a group of staffers did
. . Today, Maureen Frean~Y'wili have a few chuckles at the farewell
officially transitioIl from assistant party as they remembered a Hal-
city manager to interim city man. loween when Lawrence dressed as
ager. > a cleaning lady with a silvery wig, a
Tuesday afternoon, 'she was purple housecoat with lilies on it
busy taking care of city business and embellished female physical
~hile mentally preparing to! say attributes. __-.
. . .
. /
~ (. ,""'''
,- LOwest PrfcIjg, Cut tJWn . .. - - ~ ~ ~ -' - -r- - ~ .~ - _: _,'.i.I si.I" . ~ ..i "'~_.'.-.'.J ~ .. "
~/1ns:::;:"O:: "BERBER I SAXO~ 1 IiEAVY.TEXTURB:
Vorf<a/$;I;-=: $1CARP~ tP$U1SHC"~ $1~" :
I Expires Sq. Y II. 1 Expires Sq. Y II. 1 ~res .sq. Y II. I
1/31/06 . ' ,$1.55 Sq.ft. 1 1/31/06,' $1.67 Sq.ft. 1191/06 $2.00 Sq.ft. I
, Installed ,Mth pad Installed Mth pad. ,Ii. Installed with pad I
-.~----~---~-~-.~.~~-~~~~~--'~~--~~
I ,CERAMI(,TIL~ 1 II: DE' RGO II
.~'c FHA Vll~t.' 1 . GRfIDES, 1 1 tlMINArE I
$1 99 :$130'; ~ f . '., :
: Sq.Yd. I'. , Sq.Ft.; $3" I
I EYllir~ $2.22 Sq.ft. Expires 1 EXpi~es Sq.':t . '"
Hours: M-f g-5pm Sat g.4pm I 113.1/06 I taUed' 1 1/31/1J6Cafh Be Carry 1 Ir1/CE '. .' I~
Evening Appo.intments. Availabla f ,Af.. L' Full Boxes '. f I.n$talle~ , . I~
< . IIIIIIJ _ _ ... _ ... ~ _ _ _ _ .. .. _ _ _ _ .. _ . _ .. IlljII ~ .. _ .. "9
"1400 Sell1inol~ Blvd. · Largo · 5:84-8555
20228 U.5."l9 N. .. Clearuvater .. 669-7722,
, ~., t
. '. -,.
..
, , TPey repeated the scheme be-
tween 3 p.mr and (5 p.m. through:
out North Pinellas, including
spending $600 at the concession
stand of the AMC Movie Theater
. in East Lak,e.
''We think they must have went
to a n~mQer of cashiers ina matter
. . of hours," said Sgt. Jim Bordner,
Pin~l1as County Sheriffs Office
spokesman., '
Authorities described the coun.
. terfeifer.s as a white male in his 40s
with long brown hair and, a goatee,
and a white femate between 16 and
17 years old with. blohd hair and
three hoopeamngs in each ear, a
pierced ,tongue a1].d a pierced na-
1 " ' . '
ve. ".. t -"" ,. " "
The Sheriffs Offic~ handled 18
cases o~ counterfeit money in 2005,
Bordner said. '.c. ",
. The latest Pinellas case is get.
ting extra' attention from the U.S.
, Secret Service" which handles
counterfeiting cases. '. " - .
The serial number listed on the
counterfeit money used in Pinellas
match,es that of fake bills used in
other sta.tes, said John Joyce, spe-
cial. ~gent in charge of the' U.S.
Secret service Tampa Field Office.
Joyce' said the" bnis. ~ould be
linked or it could simply be- a case
of unsuspecting merchants pass-
ing the money along..,
'That's, the thing about money
in the' United State~ and world-
wide," Joyce said: "It's, constantly
circulating." c' "
, .
NicoleJohnsoncan be reached at
niohnson@s~imes.com ,()f (727) 4454162.
CLW
I
I
l
I
I
I . .
TIMES. WEDNESDAY, JANUARY 18, 2006
5
~, .'
....,."
~...~
~~ICE tHRI~ SHOP
I' 3533 49$ St. N., St, peterSbUrg, · 527c4483
, 780 S. Pinellas Ave" Tarpon Springs · 944-5131
1478 S. Belcher Rd.. Clearwater · 538-4483
11101 39!
0'cWoTS211'
..
"He looked like John Law-
rence's ugly sister," said Freaney,
adding that Lawrence is a hand-
some man. ''We named him Lily,"
They said when the city needed
a Mrs. Claus at Christmas, Law-
rence was there to fill her shoes,
tray of cookies and all.
Susan Latvala summed it up this
way; ''Whatever he did, he always
haq the best interest of his city at
heart."
. . .
During a videotaped presenta-
tion at the party, the crowd was
amused to see a younger Lawrence
in the 1980s with wavy blond hair
brushing over his ears.
He had some advice then that
some would eay is still relevant
today: "Be neutral when dealing
with the City Commission and
treat citizens as customers."
. . .
Many talked about the number
of positive changes the city has
made during Lawrence's tenure:
the revitalization of downtown, the
new water treatment plant, the 15-
year contract with the Toronto
Blue Jays.
. 'The list is as long as my arm,"
said Lee Dodge, retired director of
administration for the city. ,.~.-~
Others remembered Lawrence
for his kindness. They talked of
how he always visited sick or in-
jure,d employees in the hospital or
emergency room; about the time
he shook the hand of an AlDS
patient in the early 1980s, when
othetls were afraid; and about the
time he rolled up his shirt sleeves,
donned a pair of shorts and helped
city crews with cleanup after,a
hurricane.
Pinellas County COQ1missioner
.J
'""'~~D "
c""_ I~ ; t
S'V'fff!: ,~ !
. ~t;,~~ D~ N
6 TIMES. WEDNESDAY, JANUARY 18, 2006 CLW
.~., 4
-Couples celebrate
, I ' ' ·
decades together
Marilyn and Ke,meth How.
ard of Largo celebrated their 50th
\ wedding anniversary'with a Carib-
bean cruise. They w~re wed Nov.
12. 1955, at St M~'s Catholic
Ch,urch, Kenosha, W1s. .
They came here in 1986 from
Bristol, . Wis., when I he officially
retired from Johnson Outboards in
Waukegan, Ill. He then worked for
Cooper' Coil Coating' as a mainte-
nance person. until 1,999 when he
opened his own small business, a
utility maintenanc~ firm called
Ken's l;3ush Hog Service..
She was a faculty secretary at
Carthage College for eight years,
then an administrative assistant to
the CEO of the YMCA in Racine,
Wis;, until they came: here in 1986.
Since moving to Largo, she has
been an executive assistant to' the
president/CEO of th'e Neighborly
Care Network and works part time
in her husband's business.
They have two s6ns, Ken and
Torn, a daughter, Christine Eide,
and five grandchildren. Theyenjor
working, frequent visits with farru-
Iy, vacations, cruise~ trips to Las
Vegas and living in !"lOrida.
BETSY BOLGER-PAULET
GOOD FOR YOU
Gwen (Moore) and Joe Saari
of Clearwater celebrated their 74th
wedding anniversary with friends
and fellow residents at Sunset
Point Rehabilitation Center, Clear-
water. They were married Dec. 3,
1931, in Dixon, Ill., and honey.
mOoned jn Chicago to watch the
Cubs play baseball.
1 They came here in 1967 from
Glen Ellen, ut, where he retired as
a commercial industrial represen-
tative for Northern Illinois Gas Co.
She is a homemaker. They have a
son and daughter, two grandsons
and a granddaughter.
He is a member of the Elks and
Masonic lodges. Both are avid
Cubs fans and' have enjoyed golf-
ing for many years.
i
l . .'
, Kenneth and Marilyn How.ard
~.\ .. i
~ \
, .' ..-1
~ .' '
,~Ueen and Paql, Reeves of
,Largo celebrated th~ir 62ncl wed.
'.ding anniversary wi~ friends and
,fellow residents at East Bay Nurs-
:ing Center, Clearwater. They met
~when he performed With the Bar-
, ~ney Rapp band on openU1g night at
.,the Blue Moon Night Club where
; she was a cocktail ~erver. They
\were married two weeks later on
Nov. 29, 1943, in Wichita, Kan.
I!- They toured With the band for,
;,several years before s'ettling in Col-
lingswobd, N.]. They' came here in
,1995 from Kaneohe, fIawaii. He is
,a retired professional musician and
'she worRed 20 years as a hardware
',sales Person; They" have; no chil.
.dren. , l'
. - -
Joe and Gwen Saari
- - .
Clearwater woman , named
a Paul Harris fellow
Helen Spicer, a Clearwater
resident since 1958,' received the
Paul Harris Fel-
low Rotary Award
from: the Smith.
field, N.C., Rotary
Club last month.
Her daughter,
Laurel, and her
daughter's hus-
band, Dr. Norman
Spicer Grantham, also
members of the
club, attended'. '! ,..... '.
Mrs. Spicer received the award
for her outstanding contributions
to the field of education, leadership
and humanitarian effortS.
Her children are Susan H:aggitt
of Clearwater, Bonnie Fuller of
Belleair and David of Jupiter. She
has 10 grandch,ildren and two
great-grandchildren.
. She and her husband, Donald,
have been married for 63 years.
For information or ~nniversary form, call
(727)445-4109. To submit an item to Good
for You, write to Betsy Bolger-Paulet, 71 0
Court St., Clearwater, Fi. 33756, send fax to
(727)445-4119 or e-mail.to '
paulet@Sptimes.com. _:
,
; Change~ from Pa~e 1
250 condominium:-l,1otelrooms
could use their units. for 60 days,
~. double the previous agreement.
~ Board members Kathy Milam and
: J.B. Johnson said they did not
',know the chang.es included that
, . .' ,
prOVISIOQ.. .
'" Unit owners co~ld not stay
; more than 30 straight nights, but
Wells ; said owners could "move
: out" for one day between a 6O-day,
or two-month stay. That means
~. they could stay atl the Hyatt
. through aU of Februarf and March
f for instance, which arE! prime tour-
- ist months. ' , \-
:.: Hoyt Hamilton said he believed
. unit owners would not turn away
sure profits during piime tourist
months to use the rooms them-
: selves. The condo-hotel' concept
". awards unit owners a percentage
!- of the daily room rate when the
, unit is rented out
~, The Hyatt development
( m:orphed into a conddminium-ho-
',te) last year, since it is easier to
'~ finan,ce the construction of a resort
'r where rooms are sol4 'fo, private
" oWners. ' ,
:: As a result, 16.4 p~rcefit of an-
: nual.room pights could be gobbled
: up by unit" owners if the changes
, are adopted. ,
: The Clearwater B~ach Cham-
f ber of Commerce, though SllPport-
I ing the altered agreement, cau-
- tioned the city as, to the potential
ranllflcations. .
. This agreement is "eroding
, what was a hotel project to a con.
dominium-hotel," said David Little,
1 the beach chamber's redevelop-
! ment cnairrilan. The cqamber said
~ 2,000 hotel rooms have already
)
~ 1
,
"
.,
disappeared from the beach and
more may as well.
, Another amendment, accord~
ing to city language, would modify
"the construction start date so that
it is the same as the outside date
for commencement of construc-
tion under the vacating ordinances
for Third Street and S Gulfview
Boulevard."
That change would delar con-
struction nine months unti Dec.
31, 2006.
Wells said the city's text was
priinarily taken from the develop..
er's application for the changes.
He acknowledged ''you might have
tor.ead belweenthe lines, a bit,"
and said at least one other board
member questioned him about the
language before the meeting be.
gan.
" As part of the project's original
2001 development agreement, the
city agreed to allow 250 hotel
rOOmS on about a 2-acre S Gu1fview
Boulevard property where 65 hotel
.rooms would nonnally be pennit.
ted. ,
The city then amended that
agreement in 2004, with a different
developer, to allow 250 hotel room
and 18 traditional condominiums.
Now~ Little said the project's
third developer, Rauenhorst, is
asking for even m:ore. Mayor
. Frank- Hibbard sees his point.
"I'm pretty much at the end of
my rope on this particular project,"
said Hibbard, who added he has
not decided if he will support the
latest amendments. '
"What aie we getting?" he
asked city staffers. "I don't see
what we're getting."
A~ron Sharoc~man can be reac,hed at (727)
44~.4160 or asharockman@sptimes.com.
Ranchero..
from Pa9~ 1
mO,bile home parks to build town-
homes and condominiums. ' ,
"It's. the best thing we ever
did," said Steve Posgai, 84, who
was taking a break during a shuf-
fleboard game. "No two ways
about it" .
Nonna Pfeiffer, a 13-year resi-
dent, couldn't fathom the idea' of
being uprooted from. the . park,
which is for residents 55 and
, older. Ranchero Village has three
clubhouses, three pools, four ten-
nis courts, a billiards room, shuf-
fleboard courts, a sauna and
whirlpool. ' ,
"It would have. broken up' a
family, the Ranchero family. Ev-
erybody knows everybody and
takes care of everybody," said
Pfeiffer, 74.
After the closing, homeowners
who worked the hardest on the
deal seemed relieved.
"Everybody is kind of on a
high," Dooley said. "
Some of the residents wrote
checks for their shares. Others
took out mortgages.
"It's a shame at my age," said
Mimi Musil, 73. "I have to take a
mortgage out when I've been
debt-free for four years."
Two years ago, residents tried
to buy the 126.2-acre park, but it
\ l-
limes photo - KATHLEEN Fl VNN
Homer Giles stands behind his wife, BiIlye, center, as she jokes with '
Joe Covi~lIo, right, at the shufflebo~rd courts after Ranchero Village
mobile homeowners closed on the Largo park's purchase Tuesday.
wasn't for sale.
That changed.
, The park's previous owners,
Herbert Kendall and Mandell
Bennan, gave residents a chance
to buy the property, even refus-
ing to hear an offer from a Palm
Beach County real estate compa-
ny. Florida law requires mobile
home park owners to give resi-
dents a chance to match a devel-
oper's purchase' offer when the
park owner puts the park up for
sale.
In September, Ranchero Vil-
lage residents found ?ut they had
until Npv. 15 to decide if they
could buy the park for $60-mil-
lion.
Each owner will pay' $250
monthly to satisfy the park's
mortgage and cover a mainte-
nance fee. Those not buying into
the cooperative can' continue to
rent their lots but will pay more.
Ranchero is one of three suc-
cess. stories in Largo in recent
months. Homeowners in Stella
Del Mar in Largo closed on their
park in October and residents of
Island in the Sun plan to close on
theirs in two weeks.
RANCHERO VILLAGE
MOBILE HOME PARK
LOCATION: In largo on Ulmerton
Road, between Belcher Road and 66th'
Street N
HOW BIG: 946 lots, 126.2 acres
WHEN BUILT: 1971
ITS FUTURE: Is secure, Residents
closed on a $6O-million purchase of
the parkTuesday.
WHAT THEY'RE SAYING: "It's the
best thing we ever did," said Steve
posgai, 84. "No two ways about it."
It's a happy ending, but it's not
the scenario many of the home-
owners had in mind at this time in
their lives.
'They're running a $60-mmion
business now and that's not ex-
actly why they retired to Florida,",
said David S. Bernstein, who rep-
resented the homeowners in the
sale.
Now. that Dooley helped save~
his park, he's encouraging his:
group to help others. :
",
''We have got to band together~
and do something in the political:
arena to help the ones who are:
forced out on the street," said'
Dooley r his voice breaking.
"'Thank God we don't have to;
worry about that"
lorri He,lfand can be reached at 445-4155 '
or at lorri@sptimes.com. .
. . . .~,
, limes photos - DOUGLAS R. CliFFORD
Ji~ O'Donnell, atthe community' dock Tuesday, is als~ being evicted from Linger Longer after living there for years. Eviction n6tices sent t; ,
reSidents last year say they must leave by June. ' ' [
Linger from Page 1 . "
quired by law. Florida .law re-
e quires mobile home park o\Vi.1ers
to give r~sidents a chance to
match a developer's purchase of.
fer when the park owner Ptlts it
up for sale.
But in the case of Linger lon-
ger, "this p<!l"k was. not for sale," ,
Capps said. "It was an unsolicited
offer." "
Capps said tJ:1e property is un.
der contract but declined to dis-
clo~e detail~ and said the park
will close whether the sale goes
through. The owner loves- the
park, which it has owned since
1981, bvt it realized the venture
had become financially untenable
between rising insurance rates
and expensive water disputes
with the state, Capps said.'
Darnell, president of the home-
owners association, said that at
first residents initially hoped to
buy the park even though the
owner didn't have to sell to them.
But the $8-million they had ar-
ranged to raise did not' come
close to matching a $14.7-million
bid from the Boos Development
Group in Clearwater, he said.
In October, representatives of
the Boos Development Group
submitted preliminary site plans
to the Tarpon Springs City Com-
mission as part of a rezoning and
annexation application..The plans
called for the construction of 248
condominiums and townhouses
on the site.
The City Commission rejected
the rezoning change, which ulti-
mately scuttled a' bid to annex
part of Linger Longer into the
city.
But that did not change the fact
that residents still need to be out
of the park by June?
While the eviction appears in-
. evitable, residents' said they still
hOpe to negotiat~ a.better deal
Rachel Champion, right, a retired schoolteacher, has lived at linger
Longer mobile home park near Tarpon Springs for 12 years and is
the homeowners association treasurer. She is among the park's
residents being evicted to allow for the sale of its land for
redevelopment.
Margaret Crane repins a neighbor's sheet to a clothesline Tuesday
after a svyift wind tugged linens off the lines at the Unger Longer
mobile home park. Crane, a retired professional bowler, has lived at
I .the park for six years and is among the reside,nts being evict.ed.
than the arrangement they hear a presentation by the profes-
learned about Friday. sional relocation service hired by
Nearly 100 residents gathered the Boos Development Group,
in the park's recreation center to Darnell said.
LINGER LONGER
MOBILE HOME
AND RV PARK
LOCATION: Just north of Tarpon
Springs and south of the Pasco
County line on Anclote Road. The
property overlooks the Anclote River,
HOW BIG: About 100 mobile home
lots and 150 RV sites; 19.9 acres.
WHEN B,UILT: Early 1970$,
ITS FUTURE: Is uncertain, Eviction
notices delivered last month give
residents until June to move out
WHAT THEY'RE SAYING: "Had we
known, we wouldn't have bought it:'
Bob Hill said. 'We were very angry,"
Resident Relocation Services
of Clearwater provided coffee and
doughnuts, but as the group lis-
tened, the mood went from anger
to disgust, he said. :
The company has offered to
pay' $3,000 to ::>4,375 to owners
. who vacate by April 30, according
to a handout from the company.
Those who wait until June 6 ~l
have to file for reimbursement
through the state's programs,
which pay $1,375 to $2,750. '
None oftheresidents expect to
get what they paid for their
homes, said Darnell and the oth-
er board members of the associa-
tion.
But they said they think it is
unfair to pay less than $7,500 to
people on fixed incomes who are
being forced to find a new place
to live.
. Outside her home Tuesday
morning, Betsy Hill, 72, packed
boxes into her maroon Buick
parked in the driveway. The Hills
have started to move things up to
Holiday, where they receptly pur-
chased a 1975 mobile home for
$69,000. ., ,
, This time, they ar'e buying the
land underneath.
Robin Stein can be reached at 445-4157 or
.: ,1;St~in~sptimes.com.
POLITICAL JUNKIE
.,
, '
State House primaries perk ...p
, '.' "'. "', .1
Pinellas sta~e Ho'uSe districts'
limes Staff Writers
What a difference two y~ars and tenn limits ~an
make. Heading into 2004, there were no contested
primaries in Pinellas state House races, and Rep. .
Frank Farkas, a Republican from St. Petersburg led
all candidates in fundraising with $38,100. '
Currently, there are seven contested primaries
and eight candidates who' have raised more than
$38,100. Here's how each Pinellas district race is
shaping up:
DISTRICT 48: Tarpon Springs City Commissioner
and Republican Peter Nehr leads all Pinellas' state
House candidates, raising $100,029 in 2005.
N~hr faces three fellow Republicans in the prima-
ry,: chrropractor and Palm Harbor Fire Commissioner
6:en Peluso, who has raised $65,394, businessman
and Republican activist Brian Flaherty ($41,996) and
fonner Safety Harbor City Commissioner Robin Bor-
. land ($16,596). .
One Democrat is also, in the race,{ Carl Zhnmer.
Mann of Palm: Harbor. He ha$ raised \;l6,035. .
"'. !he. District 48 ~eat is being vacated by R~p. Gus
Bilirakis, a Republ1can from Palm Harbor. Bil1rakis is
running for' Congress in the 9th Congressional Dis-
trict
,~ .o1$TRICT 45: So far, Rep. Tom Ande~son, R-Dun-
ed.m, has no announced opponent and IS seeking a
_thrrd tenn. In 2005, Anderson, the former mayor of
Dunedin, brought in $25,425.
..... DISTRICT 50: The seat being vacated by Rep. Kim
Bemeld, R-Clearwater, has two Republican hopefuls
fonner Clearwater City Commissioner Ed Hoope;
and ~epublican ~tate committ~ewo~an Nancy Riley. '
Rileyhas raised $60,240 uicludmg $10,711 since
October. Hooper has raised $55,174, $8,514 in the past
three months.
-:; Both are relying on their professional relation-
s~ips for. fundraising. Hooper, a fonner firefighter,
h~s recelv~d money from firefighter groups, while
. Riley, preSident-elect of the Florida Association of
Realtors, has received dozens of contributions from
the real estate industry. '. . .
Berfield is leaving hep House seat to run for state
;~, n, ate. '. ; . '
C' .. Janet Long has bapked $14,474, and past state House
_In DISTRICT 54: Three Republicans and one Democrat candidate Michael Smith raised $4,419.
are hoping to replace Rep. Everett Rice, a Republican Waters is barred by tenn limits from seeking a
JJpm Treasure Island who is running for state attorney fifth tenn.
g~n~l. R b DISTRICT 53: One of two state House seats in
:.:: ong epu licans, Rod Jones, son.of Pinellas Pinellas held by Democrats is up for grabs. Outgoing
sJate Sen. Dennis Jones, leads in fundraising, col- Rep. Charlie Justice of St. Petersburg is t"i'nnl'ng ~or
.lecting $45,640 in 2005. Jim Frishe, a former state ' ... l'
. representative, has raised $23,345. The third Republi- state Senate and is backing St Petersburg City Coun-
Mi cil member Rick Kriseman to fill his seat
S~~ chael A. Petruccelli, has yet to begin fund- - Through December, Kriseman raised $41,476 and
ralsmg. . . .' d
Iv. The Democrat in the field, Betsy Valentine filed stan s to face Michael Deny, who has raised$1885
papers to run earlier this'month and has yet to ;eport in the party primary. .' ,
any fundraising totals." , One Republican, Christopher K. Ah Leong, has
raised $950 since filing to run in October.
. DISTRICT 52: Banker and Republican Angelo Cap.
1: p.elli holds a sizable fundraising advantage heading DISTRICT 55: After toying with the idea of a state
t;,JPto 2006 over three other GOP candidates. Cappelli Senate run, Rep. fr~ Peterman, a Democrat from
t~lled in $66,136 in 2005. St Petersburg, WIll mstead seek a fourth tenn in the
~. Real estate agent Ross Johrison raised $26,223 in state H?use. . .
~.:-~5! dental office manager and veteran Republican . He IS only one ~f two mcumpents seeking re-elec.
,~~tiVIst Sand!e Curran raised $3,381, and lawyer tion and as of no:" IS ~nopposed.
{.~eanScottralsed$4~375.",i"' 'iJI {':# ' ,~'''' ~~lyempty\pghIS,account,.Petennanhasspent
j.;. .';'1 The lonlt Deroq_craf..~,Uz McCallunj; rais~ecf' all out>$2~,~~fthe $3,559 he raIs~Q last year. -.
~.u 17,675. A second ])'~rpocrat, Ch1is Eaton, dropped ,,'" ,
t. ut of the race in November, saying his JOQ wquld ' - - -
~.... eep hi~ away from cam.paigning. '. ' , IN OTHER NEWS, GUS AND GUS:
:~.. CandIdates are yunmng to replace Rep. .Frank Gus Stavros, the longtime Pinella~
.' ~arkas, a Repubhcan from St Petersburg l1fnmng for businessman and philanthropist (c;lnd
:,pte Senat~. , ' occasional contributor to Democrats)"
::: DISTRICT 51: In a, district that President Bush is taking a leadership role in Gus
~ ~rrowJy carried' in ?004, two Republicans and two Bilirakis' campaign to succeed his fa..
: ~e~ocrats are ru!lmpg to replace conservative. Re- ' ther in Congress. ' ",
~__~ubhcan Rep. ~she Wat~rs. ' Stavros said iI,l a state,ment thatit
. ~. For Repub.hcans, $erru~~le Mayor Dottie Ree~er S. " "was a privilege to serve as BUir(ikis'
t:'itarts 2006 WIth,a fttndrcuSl!lg ~dvaD;tage, collecting tavros.. camp~gn chainn.an and praised ~is
i_ 3,560. Waters former legislative aIde Broce Cot- " wor:k m the legIslature to irlcrease
~', on o~ned his campaign in October and raised funding to voc,ational training in public school&; I:::
..$9,831 m three montJ1s. Aar'onSh ock . dAd CS 'h' 'Id'
~'...... F D . -' . .. ar man an am. mit compl e thiS week's '
~;: or emocrats, Serrunole City CounCIl member Political Junkie. Cont~ctthe staff at politicaljunkie@sptimes.com.
-<'
a;r"'-_
:t~
.... .
....
.... .
~~BRIEFLY
.....
... .
!.~..
.,,",~
:' Special phones' available
~ ~ free for deaf residents
.....
~:,.i, Local residents who are deaf,
~..b.ard of hearing, deaf/blind or
~;..~peech-impaired can receive spe-
~;"a~ized te!ephones and ring sig-
..-nahng deVIces at no cost. Eligtble
:.'~cipients must live in Florida for
: ' at leas~ six months of the year.
:: feleCQn:i.munications access for
~~'~e nearing. and speech-impaired
.~ .!S funded by a surcharge on all
: Telephone consumers' phone bills.
;~quipment is available by appoint-
... ment 8:30 a.m-5 p.m., Monday
:;: through Friday through Deaf and
';: lIearing Connection's main office
:' 9r at satellite locations throughout
;' f.inellas and Hillsborough coun-
.. ties. Free hearing screenings, oth.
: :h assisting equipmen,t and hear.
~ tog aids are also available. For
~Jnfonnation or to schedule an ap-
-.''pointment call ($88) 832-4314 or
~.:?99-9983.
, '.
. .
; : Clearwater Kiwanis Club
:tJooking for new'members
"~~ CLEARWATER -'-'0 The Kiwa-
'~llis Club of Greater Clearwater is
: 'Jooking for new members'; The
'. ',~lub meets Thursdays at 7:30 a.m.
. ':at The Golclen Coin Restaurant,
. .1844 N Highland Ave., Clearwater.
. ~ ::Club projects include Head Start,
. ' :.YWCA and an annual UP ARC fish.
: -:J..;ing trip. Call Adam at 934-2085.
..:J.-.
: ::~~~ree legal workshop at
::.: J:I,ispanic Outreach Center
,~;;; C~EARWATER~Afree legal
',~..workshop is scheduled from 6 to 8
; ,~iS.m.,feQ.6,at tl,le yyt,CA Hispanic,
;;'::'Outreach Ceqter, 612f'rankliil St.;
:.~-,:tlearwater. Spani~h-speakin~ vol~
: ':;'.:Jlnfeer attorneys WIll provide mfoI'-
,. .1:.",*$ ,. '
.~-, ' , "~
. mation on issues including immi.
gration,landlord/tenant, divorce,
custody, child support, labor / em-
ployment and p~rsonal injury. Re-
freshments and child care will be
available. Call 443-0657.
Join foundation and
receive fIVe free trees
. CLEARWATER - Five free
crape myrtle trees will be given to
each person who joins the Nation-
al Arbor Day Foundation during
January. Members also receive a
subscription to the Foundation's
publication, Arbor Day, and The
Tree Book. To receive the free
trees, send a $10 membership con-
tribution to Five Crape Myrtles,
National Arbor Day Foundation,
100 Arbor Ave., Nepraska City,
NE 68410, by Jan. 31. ' ,
/( .~
The Inogen One Oxygen Concentrator,
Portable oxygen you never have to refill.
Approved for use on ma.ny airlines"
INOGENONE
Rx Stat .
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727-572-7595t1-888-648.7250
Please call for details '
,'I
CLW . TIMES. WEDNESDAY, JANUARY 18. 2006 3
Medical problem may
have caused car crash
. The driver of a car
slightly damaged hitting
a wall may have been
stricken at the wheel,
deputies say.
a.m., said sheriff's Sgt. Glenn
Luben, supervisor of the agen.
cy's traffic homicide unit.
The Buick appeared to be de-
celerating and was moving at 15
to 20 mph when it crashed, Lu-
ben said.
No other car was involved and
there didn't appear to be wit.
nesses, he added.
Not long after Dunedin rrre
Department paramedics arrived
at the scene, said Luben, they
infonned emergency workers at
Mease Dunedin Hospital that
they were bringing in a critically
ill patient, but that she had no
injuries resulting from the acci-
dent.
"It was a very minor crash," he
said. "You can actually get out of
the car and walk away from it, or
back the car out. There was
some damage to the right front
end, but the vehicle was drive-
able."
Powers was pronounced dead
By VANESSA DE LA TORRE
limes Stllff Writer
DUNEDIN -A Largo woman
died Tuesday morning after a
health problem apparently made
her lose control of her car as she
drove to Kash n' Karry for a
morning shift, authorities said,
Nancy L. Powers, 58, was
heading northeast on Virginia
Street when her 1985 Buick Som-
erset veered right and hit a brick
wall at the Weathersfield Drive
intersection, said Pinellas Coun~
ty sheriff's officials.
Powers was alone in the car,
wearing a seat belt, when the
crash took place at about 5:43
Helping the Injured " The Law Office. s of
Sint. J91J ~i CARLSON
443-1562 . ME~NER
250 Belchef Road N., Clearwater @
~ 'iril1Q of ~ Iawv.. , on mporJ'n1 ~cisia!1lh<rt ""'U~ r,g1 be base.I soIe~ upon "'ver1iselllOnII. Ief,,, au de,ido,
us to send you Tree Wf~ter1lnforma1ion about our ~uQlifiarlionS (100 ~xperienca. /98463.0 1
MI<.~.,CATARAcr & '
. -(J~ .~~~!e~~~~~
, Considering
Cataract SurgerY?
Appointments are'
available for cataract
evaluations with
Pit Gills, M.D
43309 U.S. Hwy. 19 N.
Tarpop Springs
(727) 938-2020
StLukesEye.com
Pit Gills, MD
. "
We AccepfMedic~e'Assignment and Mostinstminces
at the hospital at 6:21 a.m.
Her sQift at Kash nt Ka1)y be-
gan at 5 a.m. Just before the
ac<;ident, Powers caUed store
manager Mike Lomonaco saying
she was running late and would
be there in a couple of minutes
said Steve Smith, the company'~
vice president of marketing.
Powers worked at Kash n' Kar.
t)' fo~ 13 years, receiving and
scannmg products as they were
delivered ,to the store in bulk.
Lomonaco told her it was
okay, 'Smith said. Powers was
only two blocks from the super-
market.
They hung up. About 15 min-
utes later, colleagues became
worried when she hadn't shown
up, said Smith. Then one em-
ployee came in with the news. .
"Someone said there was an
accidep.t down the street, and it
was her." . .
Vanessa de la Torre can be reached at
445-4167 or vdeliltorre@Sptimes.com.
CD REVIEWS, "-
EVERY SUNDAY
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