SUBJECT/RECOMMENDATION:
Title
Approve a first amendment to a Declaration of Covenants and Restrictions by Gulfview Blvd Owner LLC and authorize the appropriate officials to execute same. (consent)
Body
SUMMARY:
On December 10, 2004, the City of Clearwater (City) and Beachwalk Resort, LLC (Original Developer) entered into a Second Amended Agreement and Restated Development Agreement, as amended (Development Agreement) for the development of the Hyatt Regency Aqualea Hotel on Clearwater Beach. As required by the Development Agreement, the Original Developer executed a Declaration of Covenants and Restrictions (Declaration) generally restricting the use of the property to the proposed hotel use on July 12, 2006.
The Declaration provided in part that no hotel unit could be occupied by a unit owner or any other occupant for more than 30 consecutive days per stay. Gulfview Blvd Owner LLC (Owner), as successor in interest to the Original Developer, now requests minor changes to the language of the Declaration to clarify that the hotel units may be owned and operated as timeshares, subject to the 30-day stay limitation. With this amendment, the Owner wishes to align their business model with the provisions of the City of Clearwater Community Development Code (CDC).
Beach by Design requires that a hotel receiving Hotel Density Reserve Units be made available to the public as overnight transient hotel guests. Since the hotel is being converted to timeshare ownership, units may no longer be available to the public in a traditional hotel model. However, the Development Agreement granting the Hotel Density Reserve Units expired in 2024. The request is otherwise in conformance with the CDC and Beach by Design will continue to be satisfied, as the units will remain available for public lodging use.