SUBJECT/RECOMMENDATION:
Title
Terminate the Development Agreement between Decade Companies Income Properties (the property owner) and the City of Clearwater, providing for the allocation of 72 units from the Hotel Density Reserve under Beach by Design; adopt Resolution 18-05, and authorize the appropriate officials to execute same. (DVA2009-00001A)
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SUMMARY:
On October 6, 2009 a Development Agreement was made effective between the property owner and the City of Clearwater which provided 72 units from the Hotel Density Reserve (DVA2009-00001/Resolution 09-03).
Section 6.1.3.1 of the Development Agreement required the Property Owner to develop the Property in substantial conformance with the conceptual site plan attached to the Agreement.
Section 6.1.6 provides that all units in the hotel shall be made available to the public as overnight transient hotel guests at all times through the required hotel reservation system. Occupancy in the hotel is limited to a term of less than one month or thirty-one consecutive days, whichever is less. Units in the hotel shall not be used as a primary or permanent residence.
After receiving approval of DVA2009-00001 the applicant submitted the associated site plan for approval as part of a Level II Flexible Development application (FLD2009-03013). This application was approved by the Community Development Board on May 19, 2009. Permits (BCP2011-02294 and BCP2011-02294A, et.al) for site and building construction were submitted on February 18, 2011 and June 10, 2011, respectively. All permits have been listed as completed and a Certificate of Occupancy was issued on November 15, 2012 effectively closing out the project.
The City has determined that the Property Owner has successfully met the obligations of the Agreement and that the development of the Property is consistent with conceptual site plans that were part that Agreement.
The applicant has submitted a request to terminate the Development Agreement pursuant to Section 18 of the Agreement. This request was reviewed by the Community Development Board on September 18, 2018 which provided a unanimous recommendation of approval to the City Council.
Pursuant to Section 13 of the Agreement notices have been provided to:
Decade Companies Income Properties
1355 Bishops Court
Ste 345
Brookfield, WI 53005
Joe Burdette
The Consus Group, LLC
PO Box 4268
Clearwater, FL 33758