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08/21/2008 City Council Agenda Location: Council Chambers - City Hall Date: 8/21/2008- 6:00 PM Welcome. We are glad to have you join us. If you wish to speak, please wait to be recognized, then state your name and address. Persons speaking before the City Council shall be limited to three (3) minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard regarding items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waives their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right-hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Council. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Presentations 4.1 2008 Legislative Session Report - Rep. Peter Nehr 4.2 Home of the Quarter, Neighborhood of the Quarter and Business of the Quarter 4.3 Veterans' Day Celebration Update - Bob Swick 4.4 Clearwater Housing Authority Presentation 4.5 Nagano Exchange Program - Margo Walbolt, Cultural Affairs Manager 5. Approval of Minutes 5.1 Approve the minutes of the August 7, 2008 City Council Meeting as submitted in written summation by the City Clerk. 6. Citizens to be Heard re Items Not on the Agenda Public Hearings - Not before 6:00 PM 7.Administrative Public Hearings - Presentation of issues by City staff - Statement of case by applicant or representative (5 min.) - Council questions - Comments in support or opposition (3 min. per speaker or 10 min maximum as spokesperson for others that have waived their time) - Council questions - Final rebuttal by applicant or representative (5 min.) - Council disposition 7.1 Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Medium Density Residential (MDR) District for 1729 Overbrook A venue (Lot 7, Nichols Subdivision, according to the map or plat thereof as recorded in Plat Book 30, Page 9, Public Records of Pinellas County, Florida); and Pass Ordinances 7985-08, 7986-08 and 7987-08 on first reading. (ANX2008-04010) 7.2 Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1837 Carlton Drive (Lot Two (2), Block C, Carlton Terrace, according to the Map or Plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida); and Pass Ordinances 7988-08, 7989-08 and 7990-08 on first reading. (ANX2008-05012) 7.3 Continue amendment to the Community Development Code to permit sandwich board signs in certain areas to September 18, 2008. 7.4 Continue Approval of Amendments to the Clearwater Comprehensive Plan as recommended in the Evaluation and Appraisal Report (EAR)to September 4,2008. 8. Second Readings - Public Hearing 8.1 Adopt Ordinance No. 7964-08 on second reading, changing the parameters and procedures for settling minor claims. 8.2 Adopt Ordinance No. 7965-08 on second reading, amending Section 2.641 - 2.647, Code of Ordinances, relating to the Self Insurance Program, making procedural changes and name changes. 8.3 Adopt Ordinance No. 7983-08 on second reading, increasing certain fees for the use of recreation facilities by nonresidents and modifying the formulas for charging nonresident recreation fees. City Manager Reports 9. Consent Agenda 9.1 Authorize the transfer of $364,299 from the Special Programs Fund - Project 99877 (Building Code Enforcement Surplus) to the General Fund to cover deficits in revenues over expenses for FY07 and to make a correction to the amount calculated in FY06. (consent) 9.2 Declare salvaged materials from the East and Marshall Street WPC facilities surplus to the needs of the City and ratify and confirm the sale. (consent) 9.3 Approve an increase to the Marine Operations budget in the amount of $850,000 to cover the increased cost of fuel for resale. (consent) 9.4 Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Morningside Improvements, in the amount of $135,611, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same. (consent) 9.5 Ratify and confirm staff submission of grant request to Florida Department of Elder Affairs 2008-2009 Senior Center Fixed Capital Outlay Grant (SCO) for the Senior Center at the Long Center in the amount of $727,500. (consent) 9.6 Approve the First Amendment to Agreement between the City of Clearwater and The Upper Pinellas Association for Retarded Citizens, Inc., for the use of certain portions of The Long Center and authorize the appropriate officials to execute same. (consent) 9.7 Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in the amount of $134,023.46 to underwrite the cost of two additional Community Policing officers and related equipment by the Clearwater Police Department in the East Gateway CRA District, pursuant to the recently adopted East Gateway District Five-Year Action Plan and authorize the appropriate officials to execute same. (consent) 9.8 Approve renewing a contract with the Pinellas County Sheriff's Office, Largo, Florida, for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one year contract period commencing October 1, 2008, through September 30, 2009, at a cost of $647,362.00 and authorize the appropriate officials to execute same. (consent) 9.9 Approve the a Cooperative Funding Agreement in the amount of $412,875 with the Southwest Florida Water Management District (SWFWMD) and Pinellas County to share the cost of implementation of the Magnolia A venue and Sandra Drive Improvement Area and authorize the appropriate officials to execute same. (consent) 9.10 Approve a contract for $902,074.25 to Keystone Excavators, of Oldsmar, Fl, for the construction of Alligator Creek Channel G (Fairwood Forest) Project, (03-0023-EN) which is the lowest responsible bid in accordance with plans and specifications and authorize the appropriate officials to execute same. (consent) 9.11 Approve a Construction Contract in the amount of $630,165.25 for Pump Station 19 Replacement (06- 001O-UT), to Clark Hunt Construction, Inc. of Clearwater, FL, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) 9.12 Approve a work order to Malcolm Pirnie, City of Clearwater Engineer of Record (EOR), to provide engineering design and permitting services for the Spring Branch Conveyance Enhancements Project for the lump sum of $202,052.30 and authorize the appropriate officials to execute same. (consent) 9.13 Approve the amendment to Department of Environmental Protection agreement W AP050 to extend the expiration date from June 30,2008 to April 30, 2010. (consent) 9.14 Approve entering a Project Partnership Agreement (PP A) with the Department of the Army to design and construct the Stevenson Creek Estuary Aquatic Ecosystem Restoration with the City funding $2,324,340 of the $6,640,970 total project cost and authorize the appropriate officials to execute same. (consent) 10. Other items on City Manager Reports 10.1 Declare as surplus Pasco County real property identified as Parcel 32-25-16-0040-00COO-0040 and authorize advertising said property for bid pursuant to Invitation For Bid 34-08 in the minimum amount of $650,000 net, less costs of recording corrective instruments, if any, adopt Resolution 08-18 and authorize appropriate officials to execute same. 10.2 Approve a Utility Work By Highway Contractor Agreement (Lump Sum) with the State of Florida's Department of Transportation to install natural gas mains during improvement project, FPN: 256881-1- 56-07 IPinellas County, SR55 (US 19) from North of Whitney to South of Seville, at an estimated cost of $70,576.00, adopt Resolution 08-19 and authorize the appropriate officials to execute same. 10.3 Approve a Utility Work By Highway Contractor Agreement with the State of Florida's Department of Transportation to install natural gas mains during improvement project, FPN: 256881-2-56-07/Pinellas County, SR55 (US 19) from South of Seville to North of SR 60, at an estimated cost of $39,427.00 and adopt Resolution 08-21. 10.4 Authorize Supplemental Agreement 3 to an existing JP A with the FDOT for modifications to the Fixed Base Operation (FBO) Building at Clearwater Airpark including renovation for the sewer system and ground water cleanup, increasing funding by $175,000 ($99,598 from DOT and $75,402 from City), authorize the appropriate officials to execute same and adopt Resolution 08-20. 10.5 Award a contract for the Skycrest Neighborhood Traffic Calming project (03-0097-EN) to Semper Fi Services, LLC, of Palmetto, Florida, in the amount of $2,373,742.24, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute the same. (consent) 10.6 Receive and consider report of Chase Realty, Inc., with Wm. Mark Searcy as Agent, of the results of the firm/agents efforts to identify and propose suitable parcels, including letters of intent to sell said suitable parcels, for City purchase and development of a 300 space parking garage on south Clearwater Beach. Miscellaneous Reports and Items 11. City Attorney Reports 11.1 State of Emergency Resolution 12. City Manager Verbal Reports 12.1 City Manager Verbal Reports 13. Council Discussion Items 13.1 Red Light Enforcement - Councilmember Doran 13.2 Royalty Theater Appraisal and Acquisition 14. Other Council Action 14.1 Other Council Action 15. Adjourn City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: 2008 Legislative Session Report - Rep. Peter Nehr SUMMARY: Meeting Date:8/21/2008 Review Approval: 1) Clerk Cover Memo Item # 1 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Home of the Quarter, Neighborhood of the Quarter and Business of the Quarter SUMMARY: Meeting Date:8/21/2008 Review Approval: 1) Clerk Cover Memo Item # 2 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Veterans' Day Celebration Update - Bob Swick SUMMARY: Meeting Date:8/21/2008 Review Approval: 1) Clerk Cover Memo Item # 3 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Clearwater Housing Authority Presentation SUMMARY: Meeting Date:8/21/2008 Review Approval: 1) Clerk Cover Memo Item # 4 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Nagano Exchange Program - Margo Walbolt, Cultural Affairs Manager SUMMARY: Meeting Date:8/21/2008 Review Approval: 1) Clerk Cover Memo Item # 5 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve the minutes of the August 7, 2008 City Council Meeting as submitted in written summation by the City Clerk. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 6 Attachment number 1 Page 1 of 17 CITY COUNCIL MEETING MINUTES CITY OF CLEARWATER August 7, 2008 Present: nk Hibbard eN. Cretekos ran ersen Mayor Vice-Mayor Councilmember Councilmember Councilmember City Manager Assistant City Manager Assistant City Manager City Attorney City Clerk Board Reporter g to order at 6:00 p.m. at City Hall. The invocation was rs of New... estiny Worship Center. The Mayor led the Pledge re in agenda order although not 4.2. Alternative Transportation - Sandi M Area Commuter Services 4.3. Presentation of Check to Pinellas 4.4 Diversitv Poster Contest Prize 4.5. Supervisor of Elections Presentation: 5 - Approval of Minutes 5.1. A rove the minutes of the Jul summation bv the City Clerk. Councilmember Petersen moved to approve the minu of the July 17, Council Meeting as recorded and submitted in written summation by the City Councilmember. The motion was duly seconded and carried unanimously 6 - Citizens to be Heard re Items Not on the Agenda - None Public Hearings - Not before 6:00 p.m. Council 2008-08-07 1 Item # 6 Attachment number 1 Page 2 of 17 7 - Second Readings - Public Hearing 7.1. Adopt Ordinance 7958-08 on second readinq, annexinq certain real property whose post office address is 3147 Downinq Street into the corporate limits of the city and redefininq the bounda lines of th.eicit to include said addition. s presented for second reading and read by title only. to pass and adopt Ordinance 7958-08 on second and final nded and upon roll call, the vote was: sen, Doran, Gibson, and Hibbard. econd reading and read by title only. Ordinance 7959-08 on second and final II call, the vote was: "Nays": Ordinance 7960-08 was prese Councilmember Petersen moved to pa reading. The motion was duly seconde "Ayes": Cretekos, Petersen, Do "Nays": None. Ordinance 7961-08 was presented for second reading and read b Councilmember Doran moved to pass and adopt Ordinance 7961-08 on reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. Council 2008-08-07 2 Item # 6 Attachment number 1 Page 3 of 17 "Nays": None. 7.5. Adopt Ordinance 7962-08 on second readinq, amendinq the future land use element of the Comprehensive Plan of the city to desiqnate the land use for certain real property whose post office address is 1460 Dexter Drive, toqether with the riqht-of-wav abuttinq Lots 5,6, and 7 of Douqlas Manor Lake Subdivision, upon annexation into the City of Clearwater, as Residential Low (RL). nted for second reading and read by title only. ss and adopt Ordinance 7962-08 on second and final d and upon roll call, the vote was: en, Doran, Gibson, and Hibbard. Ordinance 7963-08 was Councilmember Gibson mov reading. The motion was reading and read by title only. ss and adopt rdinance 7963-08 on second and final onded and upon roll the vote was: "Ayes": "Nays": None. 7.7. Ado t Ordinance 7968-08 on sec office address is 1762 West Manor bounda lines of the cit to include Ordinance 7968-08 was presente Councilmember Petersen moved to pass and reading. The motion was duly seconded and upon "Ayes": Cretekos, Petersen, Doran, Gi "Nays": None. 7.8. Ado t Ordinance 7969-08 on second readin amendin the future land ent of the Comprehensive Plan of the city to desiqnate the land use for certain real 9~~~~~~vwhose post office address is 1762 West Manor Avenue u on annexation into the CitcofnClearwater as Residential Low (RL). Council 2008-08-07 3 Item # 6 Attachment number 1 Page 4 of 17 Ordinance 7969-08 was presented for second reading and read by title only. Councilmember Doran moved to pass and adopt Ordinance 7969-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: etekos, Petersen, Doran, Gibson, and Hibbard. ed for second reading and read by title only. s and adopt Ordinance 7970-08 on second and final d and upon roll call, the vote was: Michael Foley, One person spoke in support of t The City Attorney said the Cit Business zoned properties on Sand Councilmember Cretekos move final reading. The motion was duly secon "Ayes": Cretekos, Doran, Gibson, a "Nays": Petersen. Motion carried. 7.11. Ado t Ordinance 7979-08 on second readin amendin the 0 eratin or the fiscal year endinq September 30, 2008 to reflect increases and decreases in rev~~~~~and expenditures for the qeneral fund, special development fund, special Proq;~~~;fund, water and sewer fund, stormwater utilitv fund, qas fund, solid waste fund, recvclinq fUITdc,nairpark fund, parkinq fund, and central insurance fund. Council 2008-08-07 4 Item # 6 Attachment number 1 Page 5 of 17 Ordinance 7979-08 was presented for second reading and read by title only. Councilmember Petersen moved to pass and adopt Ordinance 7979-08 on second and final reading. The motion was duly seconded and upon roll call, the vote was: etekos, Petersen, Doran, Gibson, and Hibbard. et ed for second reading and read by title only. nd adopt Ordinance 7980-08 on second and final d and upon roll call, the vote was: sen, Doran, Gibson, and Hibbard. "Nays": 7.1 8 on sec din relatin to the nei hborhood and affordable housinq advisory board: amendinq code of ordinances, Article 2, Division 9A Sections 2.226 throuqh 2.229: increasinq the number of board members from seven to eleven and providinq for qualifications of said members: providinq for powers and duties of the board: providinq procedures for the board's adoption of final housinq incentive strateqies recommendations: updatinq obsolete lanqua~e; amendinq code of ordinances Section 2.063 to provide an exce tion from the cit residenc re uirement for certain members of the nei hborhood and affordable housinq advisory board. Ordinance 7981-08 was present Councilmember Cretekos moved to p reading. The motion was duly secon by title only. on second and final s: "Nays": None. Ordinance 7982-08 was presented for second reading d read by title Councilmember Gibson moved to pass and adopt Ordinance 7982-08 on reading. The motion was duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Council 2008-08-07 5 Item # 6 Attachment number 1 Page 6 of 17 7.15. Adopt Ordinance 7991-08 on second readinq, submittinq to the city electors proposed amendments to the City Charter amendinq Section 8.05, Elections: amendinq Section 8.05(D), deletinq current lanquaqe and providinq that the Pinellas County Canvassinq Board shall serve as the City of Clearwater's Canvassinq Board unless otherwise provided bvordinance. Ordinanc Councilmembe reading. Th was presented for second reading and read by title only. ed to pass and adopt Ordinance 7991-08 on second and final conded and upon roll call, the vote was: rsen, Doran, Gibson, and Hibbard. "Nays": Motion carried. AND AND 7.19. Continue Public Hearin and 2nd Readin of 1560 Gulf Blvd. to October 2,2008. (REZ2008-05004) AND 7.20. Continue Public Hearin and 2nd Readin October 2,2008. (REZ2008-05005) Councilmember Cretekos moved to continue Items 7.17,7.18,7. 2, 2008. The motion was duly seconded and carried unanimously. 7.20 to October City Manager Reports Council 2008-08-07 6 Item # 6 Attachment number 1 Page 7 of 17 8 - Consent Agenda - Approved as submitted less Item 8.4 8.1. Declare the list o~yehicles and equipment surplus to the needs of the City and authorize disposal throuqh s~lec~~>t~e hiqhest bidder at the Tampa Machinery Auction, Tampa, Florida, and authorize thewa ronriate officials to execute same. (consent) Councilmember Doran moved to approve the Conse submitted and that the appropriate officials be authorized to e duly seconded and carried unanimously. 8.4. A rove renewin a contract with the Pinellas Count Sheriff's Offic Florida for latent finqerprint, crime scene processinq, evidence and property storaqe!~~~>;~inellas Juvenile Assessment Center services, durinq the one year contract period commenci~;~>~~ctober 1, 2008, throuqh September 30, 2009, at a cost of $647,362 and authorize the appropriate officials to execute same. (consent) Council 2008-08-07 7 Item # 6 Attachment number 1 Page 8 of 17 The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual agreement for services in January 1994. The agreements covered latent fingerprint examination, property/evidence storage, and crime scene processing services. The total f the proposed FY 2008/2009 agreement is $647,362. The contractual price reflects an approximately 14% for currently provided services and an additional $57,362 for PJ venile Assessment Center) security. CPD has never been charged for eement reflects breakout of costs: Fingerprint Services - rime Scene Processing) - $352,000 (2,200 calls @ ss of 2,200 calls will be invoiced monthly at a rate of nused calls for service from FY 2008/2009 shall be ractual agreement; Evidence and Property Service and ive of personnel and storage costs, and is an increase of or the same category. The Sheriff's previous charges ost for providing these services. In order to bring the fees tes will be increased over the next two years. This year's son for 4% overall increase in the cost for this contract. ing all Pinellas County law enforcement g security for the Pinellas Juvenile ased on the number of juvenile bookings s year, totali 667, reflecting a cost of $86/booking. Billing f the 667 bookings ' the term of this contract shall be Ing. Any excess fu sed bookings will carry over to The City Attorney said staff is rev.' PJAC charges. It was suggested that services. Concern was expressed th assess the City for rovide in-house forensic re of cost incr Councilmember Gibson moved was duly seconded and carried unanim 9 - Other items on City Manager Reports 9.1. A rove amendments to Code Section 2.527 7964-08 on first readinq. Risk Management is recommending that the settlem streamline the City's ability to settle claims under $25,000. It eases Risk M authority to $7,500 and $15,000 for Risk and Legal, and $25,000 for City Ma Management and Legal. It does not change the level in which Council ap such level shall remain at $25,000. Additionally, and regardless of the a ordinance will not require Council approval if the settlement is being mad proceeds and not City funds. nt's isk required; , he proposed insurance Council 2008-08-07 8 Item # 6 Attachment number 1 Page 9 of 17 Councilmember Petersen moved to approve amendments to Code Section 2.527, Settlement of Claims. The motion was duly seconded and carried unanimously. Ordinance 7964-08 was presented for first reading and read by title only. Councilmember Dor oved to pass Ordinance 7964-08 on first reading. The motion was duly seconded and u the vote was: Petersen, Doran, Gibson, and Hibbard. 9. ve amendments to the self-insurance ro ram ordinance as codified in Section 2.641-2.647 and pass Ordinance 7965-08 on first readinq. Risk Management and Fi inance be modified to clarify e the ordinance's incepti , and clarifies the u updates the is recommending that the self-insurance program ge and reflect changes in procedures that have occurred proposed ordinance reflects the self-administered status of ouse adjusters and servicing agents as necessary to settle e insura reserve fund to the central insurance fund and o with h entral insurance fund monies are invested, as e City's in . It removes the minimum $50,000 amount insurance Manager or his/her designee, opts to self- c rem this is n required in a insure an exposure. Councilmember Cr program ordinance as carried unanimously. oved to approve a n Section 2.641-2. dments to the City's self-insurance ion was duly seconded and Ordinance 7965-08 was present Councilmember Gibson moved to pas~ duly seconded and upon roll call, the title only. ing. The motion was "Ayes": Cretekos, Peter "Nays": None. 9.3. Authorize the Ne otiated Sale of not to excee 0 000 Cit 1m rovement Revenue Bonds Series 2008 to Brarich;/Bankin finance a ortion of the ro'ect costs incurred to construct the Walk and adopt Resolution 08-17. The Council previously adopted resolutions 06-08 and -13 establish in reimburse certain project costs incurred to construct Beach Walk and the Do with the proceeds from future tax-exempt financing. Raymond James and City's Financial Adviser, has determined the most favorable financing ve is a negotiated bank loan. A RFP (Request for Proposals) was issued on interested banks and financial institutions to provide the loan and the CityI"' competitive proposals. These proposals were compared to what the City co traditional bond sale to insure that the City is using the best financing option. ent to oat Slips tes, Inc., the rently available , 2008, to solicit d th ree expect from a Council 2008-08-07 9 Item # 6 Attachment number 1 Page 10 of 17 Branch Banking and Trust Company (BB&T) submitted the proposed loan package that provides for the most advantageous financing option for the City. The loan will be for $12.9 million at 4.66% fixed interest repaid over 20 years. The Beac has a maximu $315,000 rtion of the debt payments will be paid from the General Fund and ayment of $295,630. The preliminary 2009 budget includes bt payment. ebt payments includes two years of capitalized interest as well as the cost of construction) and has no principal nable the construction of the boat slips and start up of the debt. The maximum annual debt payment is ts will be made from the Downtown Boat Slips d from the Boat Slips. An updated proforma schedule in operation for three months in FY (Fiscal Year) 2009 ludes updated debt payments. This schedule shows an e (cash basis) over the course of the 40-year expected life. riate debt service funds, will be established at the brought forward to the Council in FY 2009 t in the Boat Slip Enterprise Fund and when completion of construction gets IS determined. Closing on these bonds is d Sale of not to exceed 2008 to Branch Banking urred to construct the Upon the vote being taken, th Resolution 08-17 was presented pass and adopt Resolution 08-17 and auth motion was duly seconded and upon roll call, t "Ayes": Cretekos, Petersen, Doran, "Nays": None. On February 2, 2005, the City Council revised a 1993 formula for t computing fees for non-residents and approved the City Manager or his desi e to administer the formula. The formula adopted at that time: Department 0 & M Budget plus Indirect Council 2008-08-07 10 Item # 6 Attachment number 1 Page 11 of 17 Overhead minus Budgeted Revenue divided by Population equals Subtotal. Subtotal plus Capital Recovery Component plus Card Processing Fee equals Non-Resident Yearly Fee. One of the City's Tier 1 budget initiatives is to modify the formula by adding a surcharge recovery fee to this la. If approved, the surcharge recovery fee may be adjusted by the City Manager or ' esignee in order to address the economic climate. recommendation the elimination of some of the options in lieu included. Specifically, options to be eliminated are as nal recreation programs and 2) Participants at Club and Three-Score Softball. This then would require rganizations to purchase a non-discounted individual d formula. result in approximately $115,000 in additional revenue. unted fees will take effect on October 1, 2008. As a creation card will be increased from $5 per person and $25 per family beginning October 1, 2008. Based on the new on-resid are as follows: Proposed 2008/09 Rates Based on Current Ordinance Proposed 2008/09 Rates Based on Proposed Ordinance $180 $450 N/A N/A N/A Annual Individual Card (IC Annual Family Card (IC. Single Season Sports x 40%) Youth Seasonal Rec Program (IC x Adult Seasonal Rec Program (IC x 400 Lawnbowl, Shuffleboard, Horseshoe and Three-Score Softball (IC x 40%) Councilmember Cretekos moved t fees for non-residents to participate at City rec and activities; eliminate some of the options in lieu City Manager or his or her designee to change the seconded and carried unanimously. Ordinance 7983-08 was presented for first reading a Councilmember Gibson moved to pass Ordinance 7983-08 0 duly seconded and upon roll call, the vote was: "Ayes": Cretekos, Petersen, Doran, Gibson, and Hibbard. "Nays": None. Council 2008-08-07 11 Item # 6 Attachment number 1 Page 12 of 17 9.5. Authorize the Chief of Police to execute a Multi-Aqencv Voluntarv Cooperation Mutual Aid Aqreement with the Office of the Attornev General Child Predator Cvber Crime Unit, adopt Resolution 08-16, and authorize the appropriate officials to execute same. The Police into an agreeme (CPCU) and facilitate re Internet organi com ment, pursuant to Section 23.1225(1 )(a) Florida Statutes, will enter pffice of the Attorney General Child Predator Cyber Crime Unit The principal purpose of this multi-agency agreement is to agencies and the successful prosecution of violators of the s, with particular emphasis to identify and dismantle dition, emphasis shall be placed on targeting violators that tions and/or multiple judicial circuits. This agreement will these investigations that originate in or have other isdiction. The agreement does not contemplate the full tutes provides for mutual aid agreements between law d requires approval and execution by an officer "who is agency" therefore requiring approval of the City Council for shall be e effective upon execution by the Director of the nd at lea ther participating agency. As each additional ent, it sh s to the newly executing party. This Agreement ain in full for ting parties until December 31, 2011, unless canceled in writing by th aw Enforcement of the Office of the Attorney General's CPCU, or by an individual party. Councilmember n moved to authoriz Agency Voluntary Coo n Mutual Aid Agreeme Child Predator Cyber Cri e Unit, and authorize the appropriat motion was duly seconded and carried u of Police to execute a Multi- e of the Attorney General Is to execute same. The Resolution 08-16 was present pass and adopt Resolution 08-16 and motion was duly seconded and upon r "Nays": None. The maintenance agreement between the Florida Department of Trag on and the City of Clearwater approved by Council on September 20, 2007, for the s of various state roadways in 26 cycles will expire on December 6,2008. The City 0 ater Legal Staff has coordinated the scope of services with the FDOT representativ wal is subject to the terms and conditions as outlined in the maintenance agreement sco ervices, designated sweeping locations, and method of compensation. FDOT Standa Agency Format requires conformance with the Manual of Uniform Traffic Control Devices (MUTCD). The Public Council 2008-08-07 12 Item # 6 Attachment number 1 Page 13 of 17 Services Department has the necessary equipment to conform to the MUTCD, Le.... a shadow truck with an attenuator and arrow board. FDOT compensation for services is based on miles of sweeping completed, currently estimated at $40,876.94 annually (at $70.30 per mile). Operating costs to provide these services are approximately $52 per mile. Councilm Transportatio Agreement, unanimo tekos moved to approve the State of Florida Department of al for sweeping state roadways as outlined in the Maintenance F201. The motion was duly seconded and carried d and read by title only. Council member Gibson moved authorize the appropriate officials to execute same. n roll call, the vote was: en, Doran, Gibson, and Hibbard. The City's Emergenc renovated Station 48 train' Operations Center) for provide for additional s installation of fiber optic This vendor is recommended familiarity with the City's existing fiber structure rated to withstand Category and voice communications support on providing primary support for operations and Police Main Buildings are rendered un Information Technology Director Dan May update Station 48, where an EOC can be operation thin 45 day Police main building was rated for a low Category one storm, the event operations should no longer be headquartered in the P , extenuating circumstances created an acceptable exception While bundling this installation provided an economy of scale, project might have saved 5%. Opposition was expressed to no bid contracts. It was felt that Co staff if the current no bid process requires clarification. Councilmember Petersen moved to award a contract to Dolphin Com nications Services, Inc., St. Petersburg, FL in the amount of $312,798, for the installation of conduit and Council 2008-08-07 13 Item # 6 Attachment number 1 Page 14 of 17 fiber optic cable in support of emergency operations preparedness at various City facilities and authorize the appropriate officials to execute same. The motion was duly seconded and carried unanimously. Board with the term ex irin on moved to appoint Katie Bosley. The motion was duly 11 - Council Discussion Items to Fifth Street between 6:00 nado and vacate the beach dusk to facilitate crane ve Gulfview closur a.m. and dusk on Aug , 2008, and to close Gul closest to Sundial Plaza on August 18, 2008, between 6:00 a.m activities on the Aqualea construction sit In his July 16, 2008 letter, Executi recurring funding for A Spiritual Change, Inc. has partnered with the Pinellas County Urban Lea funds a full-time employment specialist at the ASC without employability skills, trying to earn their way ba k into the cuts, ASC needs help to implement its plan to replace lost inc streams. ASC plans to hire a grant writer and has identified include substance abuse prevention and intervention counsel employment services. Mr. Wade said ASC services are not duplicated in the community intended to request additional funding from the City after its contribution t mortar, however, JWB (Juvenile Welfare Board) changed its funding and A money. He said ASC operates beyond its staffing capacity and he has not c id he had not , bricks and st operating cted a paycheck Council 2008-08-07 14 Item # 6 Attachment number 1 Page 15 of 17 in 90 days. He estimated the grant writer would cost $12,000/annually. He said monthly operating costs are $2,000. Support was expressed for Mr. Wade's accomplishments and his services that help prevent problems a obtain funding. special reque (Communit shortfall Planw ted with unemployed ex offenders. Mr. Wade reviewed efforts to ere expressed that many agencies would approach the Council with is established. It was noted ASC should have applied for CDBG Grant) funds. Mr. Wade said he did not know about the and the maximum award through the Consolidated Action nding options. It was recommended that funding be ance reports required. to approve a $35,368 contribution from the flexibility fund in quarterly payments with the agency submitting otion was duly seconded. Upon the vote being taken, ; and Gibson, and Mayor Hibbard voted "Aye"; Nay." M n carried. Clearwater Audubon Society ogs from north Clearwater beach to protect eep dogs away from nesting e suggested modifying the sis for regulation would Discussion ensued with conce ban, the rights of beachfront property does not intend to enforce. Suggestions from allowing their dogs to disturb shorebi solution. It was recommended that the Clearw the City Council made a decision. The majority requested that the Environment on north beach. The City Manager said the City issues permits for the louel Yacht CI fireworks from the public beach and this noisy activity also might disturb nest' The City Council recessed from 8:46 to 8:51 p.m. 11.3. Rovaltv Theater Appraisal - Council member Gibson Council 2008-08-07 15 Item # 6 Attachment number 1 Page 16 of 17 Concern was expressed that the City is spending money on an appraisal for the Royalty Theater before the City Council discussed Ruth Eckerd's request for the City purchase to it. It was stated the City Council cannot make a decision without first obtaining an appraisal. Support was express~d for preserving historic buildings in Clearwater. to have the Royalty Theater appraisal done. f a parcel that could be part of a site for a beach parking ess and is willing to reduce the property's cost for a swap e plus parking spaces in the new parking garage. The at all private parties would have to bid for such space. operty owner is asking $1.2 million, non-discounted, for n a 0.9-acre assemblage at a cost of $5 million. City blage would be sufficient to construct a five-story, 300- e is added, 300 spaces would not be possible. Assistant ch by 0 . n allows heights up to 100 feet under certain y for the City to manage retail property It was felt the government's only interest Mr. Irwin report time to resolve. The p one is trying to acq er is requesting a letter property, with efforts taking the City. Consensus was to approve a lett with a stipulation that the City will conti ce of the Lucca property 12 - Other Council Action Councilmembers reported on upcoming events; welcomed Duncan Wrig Councilmember Doran complimented Vice- residents to participate in Clearwater 101. Councilmember Petersen attended CPR/AED training trained. Mavor Hibbard thanked Vice-Mayor Cretekos for stepping in; congrat George of Powerful Young Adults; congratulated Clearwater City Players. 13 - Adjourn The meeting adjourned at 9:36 p.m. Council 2008-08-07 16 Item # 6 Attachment number 1 Page 17 of 17 Mayor City of Clearwater Attest: City Clerk Council 2008-08-07 17 Item # 6 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Urban (RU) and Initial Zoning Atlas Designation of Medium Density Residential (MDR) District for 1729 Overbrook Avenue (Lot 7, Nichols Subdivision, according to the map or plat thereof as recorded in Plat Book 30, Page 9, Public Records of Pinellas County, Florida); and Pass Ordinances 7985-08, 7986- 08 and 7987-08 on first reading. (ANX2008-0401 0) SUMMARY: This voluntary annexation petition involves a 0.132-acre property consisting of one parcel of land occupied by an attached dwelling (duplex). It is located on the northwest corner of the intersection of Overbrook Avenue and Pinel and Drive. The applicant is requesting this annexation in order to receive solid waste service from the City. The property is contiguous to existing City boundaries to the south and west. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Urban (RU) and a zoning category of Medium Density Residential (MDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: . The closest sanitary sewer line is located in the Jade Avenue right-of-way. Due to the distance to this line, sewer service is not readily available to the applicant's property. This area has been identified for future sewer expansion but timing will depend upon funding availability. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District II and service will be administered through Police Headquarters located at 645 Pierce Street. Fire and emergency medical services will be provided to this property by Station 51 located at 1721 Overbrook A venue, immediately south of the property proposed for annexation. The City has adequate capacity to serve this property with water, solid waste, police, fire and EMS service. The property is served by City water. The proposed annexation will not have an adverse effect on public facilities and their levels of service; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; . The proposed RU Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation permits residential uses at a density of 7.5 units per acre. The proposed zoning district to be assigned to the property is the MDR District. The use of the subject property is consistent with the uses allowed in the District and the property, but does not meet the District's minimum dimensional requirements and will be nonconforming as to density. The applicant has been notified and understands the nonconforming status. Aside from dimensional requirement issues, the proposed annexation is consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is contiguous to existing City boundaries to the south and west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 7 y o o 0:: CO 0:: w > o W :2: f- (3 Z 0:: 0... to PROJECT SITE } u~~ 81 (!) J~D~Di~~0 ] ,BECKETT SF ~ 81 ~ 0:: liD I ~ RUSSE.LL ] TAN GER.liNE ' ST ' SANDY rv1t\RY L lER RA CE ,JW'06t'tliN. (:1 /21 t:.~ j 8PRliN $~.._~ 1 !':::":.:..::":l~ 1 ;"";"'w."","_"","'; .", ST Location Map Owner Barnell Evans Case: ANX2008-040 10 0.132 Property Size (Acres): Site: 1729 Overbrook Avenue Size R-Q-"W (Acres): Land Use Zoning PIN: 03-29-15-60048-000-0070 From: RU (County) R-4 (County) To: RU (City) Atlas Page: MDR (City) I~I \ I I 1 I I Attachment number 1 Page 1 of 7 LL") (:JD M d: o Lfic r..~;~p ~.... . ~ RD RD ST ST ST I~ .5.: I I~ 8T ell'" EH LEA 260B S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-0401O - 1729 Overbrook Avenue - Evans\Maps\LOCA TION MAP.doc Item # 7 Attachment number 1 Page 2 of 7 Aerial Map Owner Barnell Evans Case: ANX2008-040 10 Property Size (Acres): 0.132 Site: 1729 Overbrook Avenue Size R-Q-"W (Acres): Land Use Zoning PIN: 03-29-15-60048-000-0070 From: RU (County) R-4 (County) To: RU (City) MDR (City) Atlas Page: 260B S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-0401O - 1729 Overbrook Avenue - Evans\Maps\AERIALlitam # 7 Attachment number 1 Page 3 of 7 E) 788 784 '.:'iii/i.:':' .. ::i(:;'::;'~' ... .... :5'. :-...:6..... .'.:.4.',< :(D.:::-::t:1..... .... 1'" .. .... .. .". . . .... ... . .... . . .... . .... . ... . . .. ... ... ... . ... . .'.:':.1'78 12.5 Ac(C) "u'17.8' '. 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LIJ 9 L~14 ~ ""'i ':-. :.-: :0:.'.::::::-:':.: :i:<. \\.::i':: ...:.... :.;.'.: 1737'9 17"' :"n 1733 20 1731 1729 .,::. .- . : ~':-. 21 ',.:';' :'.~::", :,.:tr.OS'....:.::.....:.. :; :"-< ,::i.: i~.g: ::: '::' : " .:. .... .. -: ~3104i:"'" '::'.:, "1111/ ,,-, ~24" ~, ,:;:.! '" o ~ 0 _'. ~~~ ~-:~ /.~<';',-'" .-. ($)~ - 251:;1::"....' ,. 00 I '_ ':':"("s '. ~ ,,~ -'~:.." ~"~ A1t--:. ....~-:..::, Ac ~ ~ ::":':::';-;;0~l:~~.;:.:)'\ :....-, .....:.., :y.: <& 4.2 ..:.: ". <& ~.:.: I ~:;,:-;,.;::.[. .;.::.:l......._;:1 Mn "",,::':~ 8 I( -... ........J~ Case: ANX2008-040 10 Property Size (Acres): 0.132 Size R-Q-"W (Acres): PIN: 03-29-15-60048-000-0070 Atlas Page: 260B S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-0401O - 1729 Overbrook Avenue - Evans\Maps\ZONINdtem # 7 Attachment number 1 Page 6 of 7 788 784 E) 12.5 Ac(C) 1718 \ <II Multi- Family Residential 1750 60 1748 1744 ;: . ~ .;., m'. ./ .....- ...... ...... ...... .....- ...... .....- ./ ...... ./ .....- ...... ...... ...... ...... - - I\Op..\.. _ ...... - E) 4.2 Ac 14 Fire Station 15 -. .. ... ... . ... ... . . . .. . .....~...... ..--'-. '--' . --- ..--'-. --' . ". ......" . . ".' .." :::..:::;.::;:..-;::...~;,,:~:,...;.::::::. :::;.::;:.. :.-i: :.;~.~!::l~.:,:_: ;:~~~~l. ::!,:::.: ii:.:..i,~i:4. ... . :. .,...,:.. ~.~.:.: -.. .- . Existing Surrounding Uses Map Owner Barnell Evans Case: ANX2008-040 10 Property Size (Acres): 0.132 Site: 1729 Overbrook Avenue Size R-Q-"W (Acres): Land Use Zoning PIN: 03-29-15-60048-000-0070 From: RU (County) R-4 (County) To: RU (City) MDR (City) Atlas Page: 260B S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-0401 0 - 1729 Overbrook Avenue - Evans\Maps\EXISTING LAND USE.doc Item # 7 View looking northeast at the property View looking west at the property View looking north on Pineland Drive View looking northwesterly onto Overbrook Avenue ANX2008-04010 Barnell and Louise Evans 1729 Overbrook Avenue Item # 7 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7985-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF OVERBROOK AVENUE AND PINELAND DRIVE, CONSISTING OF LOT 7, NICHOLS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1729 OVERBROOK AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVI DI NG AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 7, Nichols Subdivision, according to the map or plat thereof as recorded in Plat Book 30, Page 9, Public Records of Pinellas County, Florida (ANX2008-04010) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7985-08 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7986-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY AT THE NORTHWEST CORNER OF THE INTERSECTION OF OVERBROOK AVENUE AND PINELAND DRIVE, CONSISTING OF LOT 7, NICHOLS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1729 OVERBROOK AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN (RU); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 7, Nichols Subdivision, according to the map or plat thereof as recorded in Plat Book 30, Page 9, Public Records of Pinellas County, Florida (ANX2008-04010) Land Use Cateqorv Residential Urban (RU) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7985-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7986-08 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7987-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF OVERBROOK AVENUE AND PINELAND DRIVE, CONSISTING OF LOT 7, NICHOLS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1729 OVERBROOK AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 7, Nichols Subdivision, according to the map or plat thereof as recorded in Plat Book 30, Page 9, Public Records of Pinellas County, Florida (ANX2008-0401 0) Zoninq District Medium Density Residential (MDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7985-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 7 Ordinance No. 7987-08 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve the Annexation, Initial Land Use Plan Designation of Residential Low (RL) and Initial Zoning Atlas Designation of Low Medium Density Residential (LMDR) District for 1837 Carlton Drive (Lot Two (2), Block C, Carlton Terrace, according to the Map or Plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida); and Pass Ordinances 7988- 08, 7989-08 and 7990-08 on first reading. (ANX2008-05012) SUMMARY: This voluntary annexation petition involves a 0.178-acre property consisting of one parcel of land occupied by a single-family dwelling. It is located on the east side of Carlton Drive, approximately 80 feet south of Woodring Drive. The applicant is requesting this annexation in order to receive sanitary sewer and solid waste service from the City. The property is in an enclave and is contiguous to existing City boundaries to the west. This petition will reduce this enclave. It is proposed that the property be assigned a Future Land Use Plan designation of Residential Low (RL) and a zoning category of Low Medium Density Residential (LMDR). The Planning Department determined that the proposed annexation is consistent with the provisions of Community Development Code Section 4-604.E: . The closest sanitary sewer line is located in the Carlton Drive right-of-way in front of the property, and the applicant has paid the City's required sewer impact and assessment fee. Collection of solid waste will be provided by the City of Clearwater. The property is located within Police District III and service will be administered through the Police Department substation located at 2851 North McMullen Booth Road. Fire and emergency medical services will be provided to this property by Station 48 located at 1700 N. Belcher Road. The City has adequate capacity to serve this property with sanitary sewer, solid waste, police, fire and EMS service. The property is served by County water. The proposed annexation will not have an adverse effect on public facilities and their levels of service; . The proposed annexation is consistent with and promotes the following objective of the Clearwater Comprehensive Plan: Objective 2.4: Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code; . The proposed RL Future Land Use Plan category is consistent with the current Countywide Plan designation of this property. This designation primarily permits residential uses at a density of five dwelling units per acre. The proposed zoning district to be assigned to the property is the LMDR District. The use of the subject property is consistent with the uses allowed in the District and the property exceeds the District's minimum dimensional requirements. The proposed annexation is therefore consistent with the Countywide Plan, City's Comprehensive Plan and Community Development Code; and . The property proposed for annexation is contiguous to existing City boundaries to the west; therefore the annexation is consistent with Florida Statutes Chapter 171.044. Review Approval: 1) Clerk Cover Memo Item # 8 .~ iii 'H "))' D ::,::: z 1.1~~ ~- ,;'::;:::J1:rI:'ii:.{: :.,.:....: .:::.-......::.:::::.,.::::,::'.'.::-:. A f[ lc=f j f-I[ j~[ mm ::: .~: :".. ~:~ .~."'"_-JJd'~ L' ::':', :.: ~.m .: ,.'.. . :i.: I"':':>:': -:d:'f. "J,A. 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(.::"".: .;: .....: :.~ :..:.':. :.....":<. :,.::.',:"::: .:.::. . .' :.,.::.': " Location Map Owner Tam Sze Case: ANX2008-050 12 Site: 1837 Carlton Drive Property 0.178 Size (Acres): Land Use Zoning PIN: 05-29-16-13536-003-0020 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-05012 - 1837 Carlton Drive - Sze\Maps\Location Map.item # 8 Attachment number 1 Page 2 of 7 Aerial Photograph Owner Tam Sze Case: ANX2008-050 12 Site: 1837 Carlton Drive Property 0.178 Size (Acres): Land Use Zoning PIN: 05-29-16-13536-003-0020 From: RL (County) R-3 (County) To: RL (City) LMDR (City) Atlas Page: 264A S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-05012 - 1837 Carlton Drive - Sze\Maps\Aerial Photograpbtam # 8 0, ~ rh ::> 0, ~ rh ::> 237 236 100 23917 239 :g SOUTH DR I 23837 8 SEE P~fS~ORtl~(~~SIONS 238 ;;::'::i:.::::i;:}:::.:.:.:,:':':::i:i ::::<;':::::' l-:' 0, '::.i ....:i{,:. ::..- ;;;';::'::::/3 ::> ,: :.. :::.;:': ' .':.: I~<IZ.: ':'.:' :.: .,. :..":". :'.:-: ':.:;:';':, :'-::-: .':. ." i."::..::::...: ;.:..::::.,:,:.....:.-....:.:::., ,:.' :..,..::.:" :-,:",':' '::':-';:..:..::':" .... ::;-:::.: .... :":.'.,>:: '" :.:.::. ,:", .::. >:. :.:.:. i :":.....:::.:':.:.-:. 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Existing Surrounding Uses Map Owner Tam Sze From Site 1837 Carlton Drive Case Property Size (Acres) ANX2008-050 12 0178 Land Use Zoning PIN 05-29-16-13536-003-0020 RL (County) R-3 (County) To RL (City) 264A LMDR (City) Atlas Page S:\Planning Department\C D B\Annexations\ANX - 2008\ANX2008-05012 - 1837 Carlton Drive - Sze\Maps\Existing Surroundin;; Uses Map.doc Item # 8 View looking southeast at property View looking north on Carlton Drive Attachment number 1 View looking northeast at property View looking south on Carlton Drive ANX2008-05012 Tam Sze 1837 Carlton Drive Item # 8 Attachment number 2 Page 1 of 1 ORDINANCE NO. 7988-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CARLTON DRIVE APPROXIMATELY 80 FEET SOUTH OF WOODRING DRIVE, CONSISTING OF LOT TWO, BLOCK C, CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS 1837 CARLTON DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WH EREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORI DA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot Two, Block C, Carlton Terrace, according to map or plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida (ANX2008- 05012) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Council hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 7988-08 Attachment number 3 Page 1 of 1 ORDINANCE NO. 7989-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY ON THE EAST SIDE OF CARLTON DRIVE APPROXIMATELY 80 FEET SOUTH OF WOODRING DRIVE, CONSISTING OF LOT TWO, BLOCK C, CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS 1837 CARLTON DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW (RL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot Two, Block C, Carlton Terrace, according to map or plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida (ANX2008-05012) Land Use Cateqory Residential Low (RL) Section 2. The City Council does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7989-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 7989-08 Attachment number 4 Page 1 of 1 ORDINANCE NO. 7990-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF CARLTON DRIVE APPROXIMATELY 80 FEET SOUTH OF WOODRING DRIVE, CONSISTING OF LOT TWO, BLOCK C, CARLTON TERRACE, WHOSE POST OFFICE ADDRESS IS 1837 CARLTON DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot Two, Block C, Carlton Terrace, according to map or plat thereof as recorded in Plat Book 41, Page 16, Public Records of Pinellas County, Florida (ANX2008-05012) Zoninq District Low Medium Density Residential (LMDR) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 7988-08. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Leslie K. Dougall-Sides Assistant City Attorney Cynthia E. Goudeau City Clerk Item # 8 Ordinance No. 7990-08 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Continue amendment to the Community Development Code to permit sandwich board signs in certain areas to September 18, 2008. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 9 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Continue Approval of Amendments to the Clearwater Comprehensive Plan as recommended in the Evaluation and Appraisal Report (EAR)to September 4,2008. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 10 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Adopt Ordinance No. 7964-08 on second reading, changing the parameters and procedures for settling minor claims. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 11 Attachment number 1 Page 1 of 2 ORDI NANCE NO. 7964-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE PROCEDURES TO SETTLE CLAIMS THROUGH THE CITY'S SELF- INSURANCE PROGRAM; CHANGES THE PARAMETERS AND PROCEDURES FOR SETTLING MINOR CLAIMS; PROVIDES THAT STAFF CONTINUE SETTLEMENT AUTHORITY TO $25,000 AND COUNCIL MUST CONTINUE TO APPROVE SETTLEMENTS FOR WHICH THE CITY MUST PAY MORE THAN $25,000. WHEREAS, the settlement procedures as set forth in this ordinance are made clearer and less cumbersome and increasing authority of smaller claims to allow for inflation, while maintaining the same level of Council approval for more significant claims. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.527, Settlement of Claims, be amended to read: Sec. 2.527. Settlement of claims. (1) Claims by the city. The city manager is authorized to settle and release, on behalf of the city, any claim or lawsuit in favor of the city wherein the amount alleged to be due to the city does not exceed $10,000.00 provided, however, if the amount alleged to be due to the city exceeds $2,000.00, the city manager shall first consult with the city attorney and such other city employees as the city manager may deem appropriate before making any settlement of such claim. (2) Claims against the city. The city manager is authorized to settle on behalf of the city any claim against the city wherein the amount to be paid in settlement does not exceed $10,000.00, including costs and attorney's fees; provided, however, if the amount to be paid in settlement exceeds $2,000.00, the city manager shall first consult with the city attorney and such other city employees as the city manager may deem appropriate before making any settlement of such claim. ill The City Manaqer or his/her desiqnee is authorized to settle and release, on behalf of the City, any claim or lawsuit both for and aqainst the City, up to and includinq $25,000: provided, however, that any settlement that exceeds $7,500 shall be reviewed by the City Attorney and/or desiqnee - 1 - Ordinance 796lteffi # 11 Attachment number 1 Page 2 of 2 and any claim that exceeds $15,000 shall require unanimous written concurrence of the City Manaqer, City Attorney and Risk Manaqer or their desiqnees. {JfillDelegation of settlement authority. The city manager may delegate the authorization to settle claims pursuant to subsection (1) of this section to other city employees as the city manager may deem appropriate. The city attorney may delegate to an assistant city attorney the function of consulting with the city manager regarding the settlement of claims pursuant to this section. (1) Maximum settlement authority. The city manager, with the unanimous written concurrence of the city attorney, the city's risk manager, and the service agent, is authorized to settle on behalf of the city and authorize payment of any claim against the city wherein the amount to be paid in settlement does not exceed $25,000.00, including costs and attorney's fees. (5) City commission Council approval of settlements. Any proposed settlement of any claim resultinq in non-reimbursed expenditure of City funds for or against the city that exceeds $25,000, the authority granted pursuant to this section or in section 2.615 shall first be approved by the city commission council before the settlement can become final and binding upon the city. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Paul Richard Hull Assistant City Attorney Cynthia E. Goudeau City Clerk - 2 - Ordinance 796lteffi # 11 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Adopt Ordinance No. 7965-08 on second reading, amending Section 2.641 - 2.647, Code of Ordinances, relating to the Self Insurance Program, making procedural changes and name changes. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 12 Attachment number 1 Page 1 of 3 ORDINANCE NO. 7965-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING SECTION 2.641-2.647: SELF- INSURANCE PROGRAM, RELATING TO PROCEDURAL CHANGES AND NAME CHANGES; PROVIDING AN EFFECTIVE DATE: WHEREAS, the self-insurance program ordinance has become outdated and there have been procedural and name changes that should be reflected in the ordinance; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Sections 2-641 to 2.647 are amended to read: Sec. 2.641. Purpose. It is declared to be the policy of the city that the city shall, wholly or in part, carry its own insurance risks in order to effect savings on premiums heretofore paid to insurance companies. Sec. 2.642. Reserve fund-Established. A fund to be known as the fund of the city is hereby established. The city manager is directed to request authority from the city commission council for the transfer of money to such fund from time to time, as needed. Sec. 2.643. Same-Disposition; withdrawals':'T in'.'estments f4i The central insurance reserve fund shall be accounted for deposited in some bank in the city and shall be kept entirely separate and distinct from all other funds belonging to the city. The city manager or the service agent his/her desiqnee and the servicinq aqent. if one is used, shall have authority to make withdrawals from the insurance reserve fund, but every such withdrawal shall first be authorized in writing. to pay expenses related to claims both for and aqainst the City from the central insurance fund. Surplus moneys in the central insurance reserve fund may be invested in accordance with the City's investment policy. United States government bonds or in bonds of the city, but all such bonds shall be kept separate from all other securities owned by the city and shall be distinctly earmarked as belonging to the insurance reserve fund. - 1 - Ordinance 796B:ela # 12 Attachment number 1 Page 2 of 3 (2) The service agent is authorized to establish a bank trust account to receive funds transferred from the insurance reserve fund, which funds are to be used for the payment of claims. Sec. 2.644. Servicing agent; claims management. The city manaqer, at his/her discretion, may sAal-Iobtain the services of a person or agency to function as servicing agent for the city in its self-insurance program or use in- house adiusters to administer the self-insurance proqram. The servicing agent and/or in-house adjusters shall be responsible for a program of claims management, including the administration of such a program. and a program of loss prevention. Sec. 2.645. Payment of claims. As part of the claims management program, the servicing agent and/or in-house adiusters shall have authority to settle and pay claims not to exceed the sum set forth as a limitation of settlement authorization in Section 2.527. in the annual service agreement between the city and the service agent. Sec. 2.646. Report of losses. Whenever a claim loss occurs, it shall be the duty of the head of the department in which the claim loss occurs to report the loss to Risk Manaqement. the service agent in writing. Such report shall give may include full details concerning the loss, including any reports, pictures, statements or other data and shall include as well as an estimate of the value of such claim loss. Each report of claim loss shall be kept on file at the city hall for a period of one year after it has been acted on and may thereafter be processed in accordance with the schedule for handling public records. Sec. 2.647. Authority of city manager to reduce or cancel insurance. The city manager or his/her desiqnee is authorized, beginning with the first fiscal year following institution of the self insurance program by the city, to reduce the amount of fire, windstorm, liability, worker:.ss' compensation, and other insurance carried by the city, and to continue to make such reductions as the central insurance reserve fund is increased. The city manager is authorized to use his/her discretion in making such reductions, and may reduce the amounts of some types of insurance carried by the city or may cancel some types altogether, as he/she thinks best ; provided, however, the city shall not be perm itted to be without insurance protection of any kind except when the insurance reserve fund amounts to $50,000.00 or more. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND 2 Ordinance ~-;@812 FINAL READING AND ADOPTED Approved as to form: Paul Richard Hull Assistant City Attorney Attachment number 1 Page 3 of 3 Frank V. Hibbard Mayor Attest: Cynthia E. Goudeau City Clerk 3 Ordinance ~-;@812 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Adopt Ordinance No. 7983-08 on second reading, increasing certain fees for the use of recreation facilities by nonresidents and modifying the formulas for charging nonresident recreation fees. SUMMARY: Review Approval: 1) Clerk Cover Memo Item # 13 Attachment number 1 Page 1 of 3 ORDI NANCE NO. 7983-08 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE OF FEES, RATES AND CHARGES, AMENDING APPENDIX A, ARTICLE XI, PARKS, BEACHES, RECREATION, TO INCREASE CERTAIN FEES FOR USE OF FACILITIES BY NONRESIDENTS AND TO MODIFY THE FORMULAS FOR CHARGING NONRESIDENT FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater provides recreation facilities and programs for the residents and taxpayers of the City; and WHEREAS, the City Council has determined that users of City recreational facilities and programs who are not City taxpayers should pay a reasonable sum for the use of such facilities and programs; and WHEREAS, to be consistent and fair in the establishment of non-City taxpayer fees, standard formulas were adopted and approved; and, WHEREAS, the standard formulas need to be adjusted to more accurately account for the increased cost of recreation services offered to non-residents, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. Appendix A, Schedule of Fees, Rates and Charges, is hereby amended to read: ARTICLE XI, PARKS, BEACHES, RECREATION: * * * Use of facilities by nonresidents (ch. 22): (1) Effective June 1, 2005, nonresidents who wish to rent or use city recreation facilities or programs may do so by paying a nonresident fee based on the following formulas which shall be administered by the parks and recreation director: (a) Nonresidents: Department O&M Budget + indirect overhead - budgeted revenue = Net budget divided by population = subtotal Subtotal + Capital Improvement Program recovery component + Card processing fee x surcharqe factor = Individual non-resident yearly fee Ordinance tJ!6f91l:#l~ 3 Attachment number 1 Page 2 of 3 (b) Annual nonresident family fees: Individual nonresident yearly fees x 2.5 = Annual nonresident family fees. (c) Options in lieu of nonresident card purchase: 1. Pay non-card holder rates for tennis, swimming, classes, andlor admissions. (These fees will vary depending upon activity, however in no case will they be less than or equal to card holder rates.) 2. In co sponsoring programs where leadership is provided by noncity employees: 3. Participants of youth seasonal recreational programs Individual nonresident yearly fee x -10% 3. Participants at lawnbowls, shuffleboard, horseshoe clubs, and three score softball Individual nonresident yearly fee x -10% Cd) Surcharae factor: Surcharqe factor is established and adiusted bv the city manaqer or his or her desiqnee in order to address the economic climate. A current fee schedule includinq the surcharqe factor shall be set out in parks and recreation departmental policies. (2) The criteria which establish the class of city residents for the purpose of the fees above are: (a) Permanent residence within the incorporated boundaries of the city; (b) Ownership of real property within the incorporated boundaries of the city, as evidenced by the official tax rolls maintained by the county; (c) Tourists and guests temporarily residing at properties three months or less, within the incorporated boundaries of the city as evidenced by a motel key or another resident member; or (d) Persons who are employees of the city, their spouses and children who live at home. (3) Nonresidents who wish to rent a city recreation facility must possess a nonresident card or pay a ten percent surcharge for the rental. (4) In programs where rentals are charged, or where enforcement is impractical, or a majority of the facilities used by a program are provided in a municipality other than Clearwater, the nonresident fee is not required. Section 2. This ordinance shall take effect on October 1, 2008. Ordinance tJ!6f91l:#l~ 3 PASSED ON FIRST READING Attachment number 1 Page 3 of 3 PASSED ON SECOND AND FINAL READING AND ADOPTED Frank V. Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance tJ!6f91l:#l~ 3 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Authorize the transfer of $364,299 from the Special Programs Fund - Project 99877 (Building Code Enforcement Surplus) to the General Fund to cover deficits in revenues over expenses for FY07 and to make a correction to the amount calculated in FY06. (consent) SUMMARY: Senate Bill 442 states that local governments may provide a schedule of reasonable fees for enforcing Florida Building Codes. It further states that the total estimated annual revenue derived from the fees, fines and investment earnings related to the fees, may not exceed the total estimated annual costs of allowable activities and that any unexpended balances shall be carried forward to future years for allowable activities or shall be refunded at the discretion of the local government. Fiscal year 2006 was the first year of implementation of Senate Bill 442. The City did a calculation and determined, at the time, that there was $482,818 of excess fees collected over the actual expenditures. In FY06, costs related to building code enforcement were accounted for in the same cost center with costs not directly related to building code enforcement. Starting in FY07, the costs were isolated into a separate cost center to provide for better accounting of these costs. In reviewing the expenses for FY07, we reviewed the methodology for FY06 and it was determined that an additional $101,757 in expenses should have been properly allocated to SB 442 (making the excess fees collected in FY06 to be $381,061). We are requesting this adjustment as part of this agenda item. In Fiscal year 2007, the revenues collected were $2,793,113 compared to expenses of $3,055,655, a deficit of $262,542. The following shows the calculation of the requested transfer. Fund 181 Balance after transfer for FY06 Adjustment requested FY06 Adjustments FY07 Deficit Total $482,818 ($101,757) ($262,542) Fund 181 Balance after Transfer for FY07 ($364,299) $118,519 This balance can be used to fund the costs of enforcing the building code in future years when expenses exceed revenues. In any year that revenues exceed costs, the excess revenues will be transferred to this project for use in future years. The amount of fees collected is dependent on a number of variables and will vary from year to year, largely as a result of the volume of development activity taking place. Carrying any unused balance over from years with high levels of activity will help the city maintain its level of service without subsidizing the program from the General Fund in less active years. Below shows the total revenues and expenses related to SB442 and the related surplus/(deficit). Year Revenues Expenses (Deficit)/Surplus 2006 $3,257,677 $2,876,616 $381,061 2007 $2,793,113 $3,054,916 ($262,542) $118,519 Balance By keeping the funds in a Special Programs Fund, the city is better able to account for any surplus and use the money to enforce Florida building codes in future years. It will also continue to provide an effective tool for evaluation and adjustment of permit fees over time. The last permit rate increase was 2003. The Council approved an expiration fee in 2005. The feecH4~~&.g into effect until FY06 and is part of our 322111-revenue code. Item # 14 This calculation will be done annually and the needed transfers, either from the General Fund to the Special Programs Fund or vise versa will be brought forward for Council action. Review Approval: 1) Clerk Cover Memo Item # 14 1 1 VI. ,,",V I,"T"'V '1'___' Bill 442 1430 FY07 Expenditures FY6 Expenditures Salaries 1,289,890 1,258,223 Benefits 429,613 361,577 Total Personal Services 1,719,503 1,619,800 FY07 Expenditures FY6 Expenditures 530100 Professional Services 530300 Other Contractual Serv 210,133 179,653 530400 Lot Mowing 542500 Postage 138 ':l.Q~ 543000 Document Recording 210 Page 1 of 2 543900 Other Refunds 78,792 544100 Equipt Rental 7,267 546100 Ofc Equip Svc & Repair 1,078 546200 Other Equip Svc & Repair 547100 Uniforms-Employee 4,202 2,881 547200 Travel Expense-Emp 7,510 12,139 547300 Mileage Reimbursement 412 547400 Meals-Employee 281 548000 Other Services Or Charges 14,588 13,045 550100 Office Supplies 5,780 9,127 550400 Operating Supplies & Matis 15,511 13,102 552000 $1000-5000 Computer Softwar 552500 $1000-5000 Mach & Equip 3,300 557100 Memberships/Subs/Lic Emp 4,731 4,887 557200 Offici Recognition-Emp 580 557300 Training & Ref Employee 1 7,346 14,497 Total Other Operating 371,859 249,727 540100 Garage Services 64,879 60,053 540200 Doc Repro & Print Shop Svc 6,645 4,163 540300 Telephone Service Variable 7,032 6,414 540400 Messenger Service 1,137 775 540500 Radio Svc-Fixed 6,840 540600 Telephone Svc Fixed 8,325 7,938 540700 Postal Service 12,605 12,426 540800 Bldg Svcs-Fixed 33,792 33,887 540900 Risk Mgmt Service 6,800 5,769 541000 Info Technology Charge 147,649 139,149 541500 Garage Variable 4,666 2,834 541600 Bldg & Maint-Variable - 2,427 542000 Employee Benefits-Fixed 4,800 3,169 Total Internal Services 305,171 279,004 564000 >$5,000 Machinery & Equip 565800 Cost Mati & Services Capital Items 591600 Debt Service Transfer-LIP 10,582 3,681 Total Debt Service 10,582 3,681 Planning & Development Total 2,407,114 2,152,212 1432 Code Enforcement FY07 Expenditures FY6 Expenditures Total Personal Services 106,704 106,944 Total Other Operating 4,372 8,131 Total Internal Services 17,271 17,967 Code Enforcement Total 128,347 133,042 1445 Neighborhood Services FY07 Expenditures FY6 Expenditures Total Personal Services 22,753 21,350 Total Other Operating 2,575 5,416 Total Internal Services 3,649 2,279 Neighborhood Services Total 28,977 29,045 Q,)11 ('ih, I\n-:ln-:lf"1or'c f"'\ffif""O E:Vn7 I:'vno.nrlifllro.C!- E:V': I:'vno.nrlifllro.C!- mber 1 Total Personal Services Planning Total 1313 Engineering Total Personal Services Engineering Total MSB & Garage Depreciation MSB Garage Maintenance Tidemark Indirect Svc Chg Total Expenses Revenue #322108 for FY07 Revenue #322111 for FY07 Interest Revenue Difference Prior Year excess revenue Current Year Overage/(shortage) Net PY/CY Amount for Reporting purposes . . VI. ,,",'" ',"T"'''' \"___' Bill 442 134,444 134,444 FY07 Expenditures 285,820 285,820 31,231 2,624 17,442 3,055,655 2,690,911 61,426 (381,061 ) 262,542 (118,519) (118,519) 91,488 91,488 FY6 Expenditures 319,176 319,176 24,821 2,624 2,138 mber 1 Page 2 of 2 2,876,614 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Declare salvaged materials from the East and Marshall Street WPC facilities surplus to the needs of the City and ratify and confirm the sale. (consent) SUMMARY: Seven stainless steel grit units were removed during construction at the East and Marshall Street Advanced Water Pollution Control Facilities as part of the Headworks Construction Project. Salvage rights were negotiated during the contract startup process. The contract, as approved by City Council did not address the sale of salvage. Salvage rights were negotiated with the Contractor during the construction startup process. The construction contractor utilized a crane during the project and was willing to load salvage materials onto City trucks at no additional cost to the City. Public Utilities was unable to unload or to reload the trucks at their yards without renting a crane or cutting the grit units into smaller pieces to allow time for declaration of Surplus and for sale. Public Utilities obtained 4 quotes from local salvage firms; then sold and delivered the materials to the highest bidder. Weight tickets confirmed 22,080 pounds @ $0.75/lb. Net $16,560. Materials were sold to Onesteel Recycling, Clearwater, Florida. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Other No Budget Adjustment: No Revenue Annual Operating Cost: Total Cost: to Appropriation Code 0421-00000- 364413 -000-000- 0000 Amount $16,560 Appropriation Comment Revenue Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk No Bid Number: Bid Exceptions: Other Cover Memo Item # 15 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve an increase to the Marine Operations budget in the amount of $850,000 to cover the increased cost of fuel for resale. (consent) SUMMARY: An increase to code 531000 in the Marina budget fund by $850,000 is needed to cover anticipated cost to purchase fuel for resale for the remainder of the fiscal year. This will be offset by a budgeted increase in revenues of $900,000 in the Marina operating budget code 347574. Cost of fuel rose during the first two quarters at a rate that exceeded estimates established for the budget. Type: Current Year Budget?: Operating Expenditure Yes Budget Adjustment: Yes Budget Adjustment Comments: Increase code 531000 by $850,00 to offset increased cost of fuel and increase revenue in operating budget code 347574 by $900,000. Current Year Cost: Not to Exceed: For Fiscal Year: 850,000 850,000 2007 to 2008 Annual Operating Cost: Total Cost: 850,000 Appropriation Code 531000 347574 Amount 850,000 900,000 Appropriation Comment Review Approval: 1) Clerk Cover Memo Item # 16 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve Florida Recreation Development Assistance Program (FRDAP) project grant agreement for Morningside Improvements, in the amount of $135,611, between the State of Florida Department of Environmental Protection and the City of Clearwater and authorize the appropriate officials to execute same. (consent) SUMMARY: The City has been awarded a grant in the amount of $135,611 to provide renovation enhancements to outdoor recreation elements at Morningside Recreation Center including the playground, picnic facilities and pool. The existing playground needs to be replaced and the pool is in need of resurfacing. Both of these items are included in our Capital Improvement project to be done this year. The cost of the these maintenance projects have increased so that the grant is needed in order to complete them now and in the long run save City funds. The City 50% match of $135,611 for this project will come from $120,348 in CIP "Swimming Pool Repair & Replacement Project (315-93271) and $15,300 from CIP 315-03230 Playground Equipment Replacement. The park improvements (playground, picnic facilities and pool) were part of the City's capital improvement replacement program and will require no new resources to maintain. Type: Current Year Budget?: Capital expenditure No Budget Adjustment: Yes Budget Adjustment Comments: Create new CIP Current Year Cost: Not to Exceed: For Fiscal Year: $315,611 $315,611 2007 to 2008 Annual Operating Cost: Total Cost: Appropriation Code 315-93271 315-93230 315-93271 Amount $120,348 $15,300 $135,611 Appropriation Comment existing CIP existing CIP grant funds Review Approval: 1) Clerk Cover Memo Item # 17 DEP Agreement No, A9098 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2008-09) - Development This PROJECT AGREEMENT is made and entered into this day of DONOTDA-EL 008 by and between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the CITY OF CLEARWATER, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project.. consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 620-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This PROJECT AGREEMENT shall be performed in accordance with section 375.075,.. Florida Statutes; and chapter 620-5, Part V, Florida Administrative Code, effective August 15, 2004, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein.. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall apply to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Morningside Park (Florida Recreation Development Assistance Program (FRDAP), FRDAP Project Number A09098), hereinafter called the PROJECT, and enters into this PRO-ECT AGREEMENT with the GRANTEE for the development of that real property, the. legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Commencement Documentation Checklist, DEP Form FPS-A034. 3. All forms referenced in this PROJECT AGREEMENT Further, the GRANTEE may be found at will also receive all DEP Agreement No. A9098, Page 1 of 10 DEP 55-231 (06/08) Item # applicable forms for administration of project with GRANTEE'S copy of the fully executed PROJECT AGREEMENT. 4. The GRANTEE shall; construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS: Renovate pool, playground, picnic facilities and other related support facilities, as identified in the GRANTEE'S approved Grant Application. These PROJECT ELEMENTS may be modified by the DEPARTMENT if the GRANTEE shows good cause and the DEPARTMENT approves the modification. PROJECT planning expenses cannot exceed 15% of the PROJECT cost to be eligible for reimbursement. . 5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $135,611.00, which will pay the DEPARTMENTS share of the cost of the PROJECT.. DEPARTMENT funding is based upon the following: DEPARTMENT Amount:. GRANTEE Match: Type of Match: ,~13561100 $135 611 .00 5 00 % Cash/In-Kind Services and/or Land Value If the total cost of the PROJECT exceeds the grant amount and the required match,. the GRANTEE. must pay the excess cost.. 6. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the final request, the DEPARTMENTS Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Checklist, FPS-A036, referenced in s, 62D-5.058(Z)(g) of the RULE, the DEPARTMENT will approve the request for payment. . 7. In addition to the invoicing requirements contained in the paragraph above, the DEPARTMENT will periodically request proof of a transaction (such as invoice or payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State guidelines (including cost allocation guidelines). When requested, this information must be provided within thirty (30) calendar days of th.e date of such request.. The GRANTEE may also be required to submit a cost allocation plan to the DEPARTMENT in support of its multipliers (overhead, indirect, general. administrative costs, and fringe benefits). State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at which GRANTEE shall follow. DEP Agreement No. A9098, Page 2 of 10 DEP 55-231 (06/08) Item # 8. The GRANTEE agrees to comply with the Division of Recreation and Parks' Financial Reporting Procedures, formerly known. as the Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE, incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein. A copy of this PROCEDURE Ihas been provided with this PROJECT AGREEMENT and may also be found at !!!!IY!!www dep st<'lte fllls!p<'lrks!oirs All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE'S procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines for accounting for FRDAP funds disbursed for the PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE'S eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 10. It is understood by the GRANTEE that the amount of this PROJECT AGREEM ENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of th.is PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT. , 11. The State of Florida's performance and obligation to pay under this PROJECT AGREEM ENT is contingent upon an annual appropriation by the Legislature. The GRANTEE understands that this PROJECT AGREEMENT is not a commitment of future appropriations. 12. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT in accordance with s. 62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. DEP Agreement No. A9098, Page 3 of 10 DEP 55-231 (06/08) Item # 14. Prior to commencement of PROJECT development, the GRANTEE shalll submit the documentation required by the Florida Recreation Development Assistance Program, Commencement Documentation Checklist, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT.. Upon determining that the documentation complies with the RULE, the DEPARTMENT willi give written notice to GRANTEE to commence the development. , 15. The GRANTEE shalll obtain all required local, state and federal permits and approvals prior to completion of the PROJECT construction and shalll certify that it has done so to the DEPARTMENT by completing the Project Completion Certification,. FPS-A037, referenced in s. 62D-5.058(7)(d) of the RULE. 16. This PROJECT AGREEMENT shall become effective upon execution by both parties and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before Aoril;N. 2011 (hereinafter referred to as the PROJECT completion date). Within 30 days from this date, all payment requests and completion documentation wiUI be due to the DEPARTMENT. 17. Project completion means the PROJECT is open and available for use by the public. PROJECT must be designated complete prior to release of final reimbursement. , See Rule 62D-5.054(41). Ten (10) percent of the total grant amount willi be held until Completion Documents have been. received and approved by the Department 18. The GRANTEE shall maintain books,. records and documents directly pertinent to pertormanceunder this PROJECT AGREEMENT in accordance with. generally accepted accounting principles consistently applied, including the PROCEDURE. The DEPARTMENT, the State, or their authorized representatives shalll have access to such records for audit purposes during the term of this PROJECT AGREEMENT and for five years following PROJECT AGREEMENT completion or resolution of any dispute arising under this PROJECT AGREEMENT.. In the event any work is subcontracted, the GRANTEE shall similarly require each subcontractor to maintain and allow access to such records for audit purposes. 19, A, In addition to the requirements of the preceding paragraph, the GRANTEE shall comply with the applicable provisions contained in Attachment 1 Special Audit Requirements, attached hereto and made a part hereof. Exhibit 1 to Attachment 1 summarizes the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1 A revised copy of Exhibit 1 must be provided to the GRANTEE for each amendment. which authorizes a funding increase or decrease. If the GRANTEE fails to receive a revised copy of Exhibit 1, the GRANTEE shall notify the DEPARTMENTS Grant Manager to request a copy of the updated information. DEP Agreement No. A9098, Page 4 of 10 DEP 55-231 (06/08) Item # B. The GRANTEE is hereby advised that the Federal and/or Florida Single Audit Act Requirements may further apply to lower tier transactions that may be a result of this PROJECT AGREEMENT. The GRANTEE shall consider the type of financial assistance (federal and/or state) identified in Attachment 1, Exhibit 1 when making its determination. For federal financial assistance, the GRANTEE shall utilize the guidance provided under OMB Circular A-133, Subpart B, Section _.210 for determining whether the relationship represents that of a subrecipient or vendor. For state financial assistance, the GRANTEE shall utilize the form entitled "Checklist for Nonstate Organizations RecipientLSubrecipient vs. Vendor Determination" (form number DFS-A2-NS) that can be found under the "Links/Forms" section appearing at the following website: The GRANTEE should confer with its chief financial officer, audit director or contact the DEPARTMENT for assistance with questions pertaining to the applicability of these requirements. 20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE'S noncompliance with this PROJECT AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as being due to the DEPARTMENT. The DEPARTMENT, fol.lbwing a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of the final reimbursement due the DEPARTMENT. 21. The Grantee, as an independent contractor and not an agent, representative, or employee of the Department agrees to carry adequate liability and other appropriate forms of insurance. The Department shall have no liability except as specifically provided in this Agreement. , 22. To the extent required by law, the GRANTEE will. be self-insured against, or wil.1 secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of its employees connected with the work of this Project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall. comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this PROJECT AGREEMENT is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. DEP Agreement No. A9098, Page 5 of1 0 DEP 55-231 (06/08) Item # 23. The GRANTEE covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 24. The purchase of non-expendable equipment is not authorized under the terms of this PROJECT AGREEMENT. 25. For the purpose of this PROJECT AGREEMENT, the DEPARTMENTS Grant Manager shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment.. The GRANTEE'S Grant Manager, identified in paragraph 26, or successor, shall. act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed Project Status Reports, every January 5th, May 5th, and September 5th of each year summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall. be submitted when the DEPARTMENT requests them. 26. Any and all notices required by this PROJECT AGREEMENT shall be deemed sufficient if delivered or sent by certified mail to the parties at the following addresses: GRANTEE'S Grant Manager DEPARTMENT'S Grant Manager Ms. Felicia Leonard Administrative Support Manager 100 South Myrtle Avenue Clearwater, FL 33756 A. Diane Langston Florida Department of Environmental Protection 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 27. The GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program.. The sign must be made of appropriate materials, which will be durable for a minimum of twenty-five (25) years after the PROJECT is complete. The sign must be installed on the PROJECT site and approved by the DEPARTMENT before the final reimbursement request is processed. 28. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 29. This PROJECT AGREEMENT may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE DEP Agreement No. A9098, Page 6 of 10 DEP 55-231 (06/08) Item # in conjunction with this PROJECT AGREEMENT unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07, Florida Statutes. 30. A. The DEPARTMENT may terminate this PROJECT AGREEMENT at any time in the event of the failure of the GRANTEE to fulfill any of its obligations under this PROJECT AGREEMENT.. Prior to termination, the DEPARTMENT shall provide thirty (30) calendar days written notice of its intent to terminate and shall provide the GRANTEE an opportunity to consult with the DEPARTMENT regarding the reason(s) for termination. B. The DEPARTMENT may terminate this PROJECT AGREEMENT after three years if the Governor does not approve certification forward of the PROJECT funds. 31. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for noncompliance with the material terms of this PROJECT AGREEMENT. , The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required and continues to accrue until the date the refund and interest are paid to the DEPARTMENT. . 32. The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. , 33. The GRANTEE may subcontract work under this PROJECT AGREEMENT without the prior written consent of the DEPARTMENT'S Grant Manager.. The GRANTEE agrees to be responsible for the fulfillment of all work elements incl.uded in any subcontract.. It is understood and agreed by the GRANTEE that the DEPARTMENT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the GRANTEE shall be solely I.iable to the subcontractor for all expenses and liabilities incurred under the subcontracL 34. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the GRANTEE for the use and benefit of the public as stated in section 620-5.059(1) of the RULE.. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the DEP Agreement No. A9098, Page 7 of 10 DEP 55-231 (06/08) Item #' completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the county property records by the owner, or by the GRANTEE if the owner has given GRANTEE authority to do so. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 35. Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in termination of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing under Paragraph 26 of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in termination of the PROJECT AGREEMENT and shall result in the imposition of the terms in Paragraph 31. 36. In the event of conflict in the provIsions of the RULE, the PROJECT AGREEMENT and the Project Application, the provisions of the RULE shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents. 37. If the DEPARTMENT determines that site control is not sufficient under the RULE, or has been compromised, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall terminate this PROJECT AGREEMENT and shall impose the terms of Paragraph 31. 38. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP grant funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 39, A. No person on the grounds of race, creed, color, national ongln, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT. B. An entity or affiliate who has been placed on the discriminatory . vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list which may be found at DEP Agreement No. A9098, Page 8 of 10 DEP 55-231 (06/08) Item # http://dms.mvflorida.com/business ooerations/state ourchasina/vendor i nformation/convicted sllsoended discriminatorY comolaints vendor .Iis.ts Idiscriminatorv vendor m Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Offiice of Supplier Diversity at (850) 487-0915. 40. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. 41. The PROJ ECT AGREEM ENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 42. No delay or fai.lure to exerc.ise any right, power or remedy accruing to either party upon. breach or default by eith.er party under this PROJECT AGREEMENT shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 43. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the prior written approval of the DEPARTMENT.. 45. This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing, in the form of an Amendment duly executed by each of the parties hereto, and attached to the original of this PROJECT AGREEMENT. DEP Agreement No. A9098, Page 9 of1 0 DEP 55-231 (06/08) Item # IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written above. STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CITY OF CLEARWATER By: _ Division Director (or Designee) Division of Recreation and Parks By: Printed Name: Title: N.O.I n A TF Date Date Address: Office of Information and Recreation Services Division of Recreation and Parks 3900 Commonwealth Boul.evard Mail Station 585 Tallahassee, Florida 32399-3000 Address: 100 South Myrtle Avenue Clearwater, FL 33756 Grantee Attorney ~p. G;am I\tlanag~ Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on June 12, 2008 for use for one year. List of attachments/exhibits included as part of this Agreement: Specify Type Letter/ Number Description (include number of pages) Attachment 1 Special Audit Requirements (5 Paqes) DEP Agreement No.. A9098, Page 10 of 10 DEP 55-231 (06/08) Item # Cou ntersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne, II City Manager Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk Item # ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The adn1i.nistration of resources awarded the of Envu;onmental Protection be "DEP", "FDEP" or "Grantor", or name in the to the "Contractor", Grantee" or other name in the of Environmental as described to the may be in this attachment. . MONITORING In addition to reviews of audits conducted in accordance with OJ\AB Circular A-133 and Section 215.97, F.S., as revised "AUDITS" may but not be limited to, on-site visits staff, limited scope audits as defined OJ\AB Circular A-133, as andJor other into this the agrees to and cooperate with any deemed the of Envu;onmental Protection. In the event the of Environmental Protection dete:r;mines that a limited scope audit of the IS the agrees to with any additional inst:ructions the to the such audit. The further agrees to and cooperate with any or audits deemed necessary the Chief Fmancial Offlcer or Auditor General.. AUDITS PART I: FEDER4LL Y FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised. L In the event that the or more in Federal awards in its fiscal year, the must have a or audit conducted in accordance with the of OJ\AB Circular A-133, revised. EXHIBIT 1 to this indicates Federal funds awarded the of Envimnmental Protection this . In the Federal awards in its fiscal year, the shall consider all sources of Federal Federal resources received from the of Environmental Protection. The dete:r;mination of amounts of Federal awards should be in accordance with the established OJ\AB Circular A-133, as revised. An audit of the conducted the Auditor General m accordance with the ofOJ\AB Circular A-133, as will meet the of this part. 2. In connection with the audit relative to auditee addJiessed as m 1, the shall fulfill the ofOMB Circular A-133, as revised. less than in Federal awards in its fiscal year, an audit conducted in ofOMB Circular A-133, as is not In the event that the in Federal awards in its fiscal year and elects to have an audit conducted in accordance ofOJ\AB Circular A-133, as the cost of the audit must be from non-Federal the cost of such an audit must be from resources obtained from other than Federal resources entities ). 4. The may access information the internet at the of Federal Domestic Assistance VIa 55-215 DEP Agreement No.. A9098, Attachment 1, Page 1 of 5 Item #' PART II: STATE FlJNDED This part is applicable if the recipient is a nonstate entity as defined by Section 2l5.97(2)(m), Florida Statutes. In the event that the recipient a total amount of state financial assistance to or in excess of in any fiscal year of such recipient, the recipient must have a State or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; rules of the of Financial and 10.550 entities) or 10.650 and of the Auditor General.. EXHIBIT I to this indicates state fmancial assistance awarded of Envilionmental Protection . In the state fmancial assistance in its fiscal year, the shall consider all sources of state fmancial state fmancial assistance received from the of Environmental other state and other nonstate entities. State fmancial assistance does not include Federal direct or awards and resources received a nons tate for Federal program Rules the 1. 2. In connection with the audit requirements addliessed in Part the audit with the of Section a financial reporting as defmed by Section or 10.650 and 1; the shall. ensure that Florida StatlJ.tes. This includes sublililission of Florida StatlJ.tes, and 10.550 Rules of the Auditor GeneraL. If the less than in state fmancial assistance in its fiscal year, an audit conducted in accordance with the of Section 215.97, Florida Statutes, is not In the event that the less than ill state fmancial assistance in its fiscal year; and elects to have an audit conducted in accordance with the of Section 215.97, Florida Statutes, the cost of the audit must be from the non-state resources the cost of such an audit must be from the resources obtained trom other than State 4. For information the Florida of State Frnancial Assistance a should access the Florida Audit Act website located at https:llannsJ'Idfs.com/,fSaa for assistance. In addition to the above the follo\Oting websites may be accessed for information: Web site at 11il]1' Ilwwwlep staie f1 nsiWekome/index cfm State of Florida's website at 11tl]1' Ilwww mvtlorida com I, " of Frnancial Services' Web site at 11Hp'llwww fI dfs com!.. and the Auditor General's Web site at 11ti1!r Ilwww slat" ['I IIs/alldp\:n P ART III: OTHER AUDIT REQUIREMENTS that are and is not in Statutes, This part would be used to a matter that State with other Federal agem:;jes may conduct or Section audit requirements audit is not Pursuant PART IV: REPORT SUBMISSION 1. of by PART CiIcular A-133, as for audits conducted in accordance with OMB Circular A-133, as of this Attacmmmt shall be sublililitted, when Section .320 by or on behalf of the directly to each of the and OMB DEP 55-215 (0207) DEP Agreement No. A9098, Attachment 1, Page 20f 5 Item #' A. The Department of Environmental Protection at the following address: Audit Director Florida Oftice of the 3900 Corrunonwealih Flo:rida of Environmental Protection MS 40 Boulevard 32399-3000 B. The Federal Audit in OMB~ CiJ;cular A-133, as revised and OIvIB CiJ;cular A-133, at the addliess: number of should be Sections .320 submitted to the Federal Audit Federal Audit Bureau of the Census 1201 East 10th Street IN 47132 C. Other Federal and OIvIB Circular A-133, as revised. entities in accordance with Sections .320 and 2. Pursuant to Section copy of the any management letters issued addliess: OIvIB CiJ;cular A-133, as the shall submit a described in Section OIvIB CiJ;cular A-133, as and the to the of Environmental Protection at the Audit Director Florida Office of the 3900 Corrunonwealih Florida of Environmental Protection MS 40 Boulevard 32399-3000 3. of financial behalf of the PART II of this AttachmG:nt shall be submitted or on ~ to each of the A, The Department of Environmental Protection at the following address: Audit Director Florida Office of the 3900 Corrunonwealih Florida of Environmental Protection MS 40 Boulevard 32399-3000 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 40L Claude III West Madison Street Florida 32399-1450 DEP J 5 (02\07) DEP Agreement No. A9098, Attachment 1 , Page 3 of 5 Item # 4. of reports on behalf of the REMAINDER OF PAGE INTENTIONALLY LEFT BLANK or management letters required by PART III of this Attachmo:nt shall be submitted or ~ to the of Environmental Protection at the addliess: Audit Director Florida Office of the 3900 Corrunonvveahh Florida of Envllionmental Protection MS 40 Boulevard 32399-3000 5. reports, management or other information to be submitted to the of Envimnmental Protection pursuant to this shall be submitted in accordance with OMB Circular A-133, Florida Statutes, or 10.550 or 10.650 and for-profit Rules of the Auditor as 6. when for audits done in accordance and for-profit was delivered to the financial reporting packages with OMB Circular A-133, or Rules of the Auditor in correspondence to the Department of Environmental Protection 10.550 (local goverrunental or 10.650 should indicate the date that the the reporting PART V: RECORD RETENTION The shall retain... sufficient records its of 5 years from the date the audit report IS and shall or its Chief Flliancial or Auditor General shall ensure that audit papers are made available to the Chief Flliancia1 or Auditor General upon request for a unless extended m the of EnviIDnmental with the terms of this for a allow the of EnviIDnmental access to such records upon request. 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N E So Cl Cl ~ V) .. 0 (""oj C U ,<I Q) V", If,, Q -B R1u .s 01: Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Ratify and confirm staff submission of grant request to Florida Department of Elder Affairs 2008-2009 Senior Center Fixed Capital Outlay Grant (SCO) for the Senior Center at the Long Center in the amount of $727,500. (consent) SUMMARY: The State of Florida appropriated $10 million non-recurring tobacco funds for senior center fixed capital outlays in the 2008/2009 appropriations, which are available through a grant opportunity. The Parks and Recreation Department is negotiating an amendment to the agreement with UPARC to release 8,500 sq. ft. of space to the City at the Long Center to operate the City's first multi-purpose senior center. The City will renovate, equip and furnish this space through the SCO grant as a multi-service senior center. The senior center will expand programs and services for Clearwater's large and growing senior community. The Office on Aging will partner with organizations and businesses to provide these programs. The proposed project will cost $970,000 of which 75% or $727,500 will be provided by the grant and 25% or $242,500 as a match. Staff is proposing that the City's match come from CIP 315-94524, Long Center Major Infrastructure Improvements. There is a balance of funds in this code that can be allocated to this project, since the funds are designated for major building improvements to the Long Center facility. Total operating cost impact will be approximately $102,000 per year requiring an additional 1.5 FTE's. An endowment fund is being developed to address the senior center's operating costs. The environment to secure this endowment is favorable as staff is working with Senior Citizens Services, Inc. to secure an endowment. If the endowment is not fully realized prior to the completion of the senior center renovations, then the Parks and Recreation Department will reallocate personnel and resources from existing facilities, which may include the Office on Aging Manager assuming some operational responsibilities at the Center. Review Approval: 1) Clerk Cover Memo Item # 18 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve the First Amendment to Agreement between the City of Clearwater and The Upper Pinellas Association for Retarded Citizens, Inc., for the use of certain portions of The Long Center and authorize the appropriate officials to execute same. (consent) SUMMARY: The Council approved an agreement between The Upper Pinellas Association for Retarded Citizens, Inc. (UP ARC) and the City for the management and maintenance of the Long Center on October 7, 2004. The agreement was a five-year Partnership and Operational Support Agreement, with automatic renewable successive five-year periods, for the use of certain portions of the Long Center to provide management, maintenance and programming for citizens with moderate to severe developmental disabilities. This Amendment provides for several changes to the current agreement. . Provides approximately 7,500 sq. ft. of workspace, including current cafeteria area and 2 classrooms to be operated by the City. This is delineated in revised Exhibit "B" of the document. . Reduces utility bill reimbursement by 10% from UPARC or approximately $1,200 per month due to reduced square footage. . City assumes responsibility for major capital items of HV AC and roof (as we do with other leased facilities). It is proposed to use the areas being assumed by the City for dedicated senior programming at the Long Center. Needed renovations to the facility include roofing and HV AC improvements estimated at approximately $1.2 miillion, and will need to be performed sometime in the next 5 to 10 years. Appropriate funding recommendations for this project will be forthcoming upon acceptance of the grant. Staff is currently working with Senior Citizens Service to secure ongoing operating dollars for the new program spaces. Construction contracts as well as programming alternatives will be brought back to City Council at a future date. This agreement will allow for UP ARC to continue their many programs and activities that benefit the citizens with developmental disabilities. Funding for this amendment is available in the current and proposed Parks and Recreation operating budget. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure Yes Budget Adjustment: No $2,400 $2,400 2008 to 2009 Annual Operating Cost: Total Cost: $14,400 $16,800 Appropriation Code 010-01816-542200-572-000 Review Approval: 1) Clerk Amount $16,800 Appropriation Comment Cover Memo Item # 19 Attachment number 1 Page 1 of 2 FIRST AMENDMENT TO AGREEMENT THIS Amendment to that certain Agreement ("Agreement") dated October 18, 2004, is hereby made and entered into on , 2008, between the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida, ("City") and THE UPPER PINELLAS ASSOCIATION FOR RETARDED CITIZENS, INC., a Florida non-profit corporation, ("Agency"). WHEREAS, City and Agency agree to amend the Agreement between the two parties to decrease the area to be occupied and used by Agency; and, WHEREAS, the Agency's responsibility for certain costs related to its use and occupation shall be correspondingly decreased on a pro-rata basis. NOW THEREFORE, the Agreement is hereby amended as follows: 1. The City and Agency agree that certain areas of the building will be returned to the City for the City's use in conjunction with the Center as reflected in Amended Exhibit "8", attached hereto and incorporated herein. Amended Exhibit "8" shall supersede Exhibit "8" in all respects and shall be binding on the parties. 2. Article II, Paragraph 5(a)(2) is amended to provide that the Agency pay 40% of the following enumerated costs and shall read: For the following items that are shared with the City, the Agency will be billed monthly to pay 40% of the bill, payable by the 20th of the month. . Water - domestic (excludes pool water) . Sewer . Storm Water . Gas (for hot water heater boiler) . Utility Tax . Fire Alarm Maintenance . Electricity (excludes the aquatic facility, athletic field lights, playground lights and concession area meters) 3. Article II, Paragraph 5(c) is amended to provide that Agency no longer be responsible for air conditioner and roof capital maintenance and shall read as follows: The Agency will provide replacement maintenance for all major capital components of the building including painting, plumbing and electrical for all areas described in Exhibit "8". 4. Article III, Paragraph 2(f) is added to provide that the City shall be responsible for air conditioner and capital maintenance and shall read as follows: The City shall provide for replacement maintenance for all major capital components of the roof and HVAC system for all areas of the Center, including the area as described in Amended Exhibit "8". 1 Item # 19 Attachment number 1 Page 2 of 2 IN WITNESS WHEREOF, the parties have executed this Amendment the day and year first above written. Countersigned: CITY OF CLEARWATER, FLORIDA By: Frank V. Hibbard Mayor William B. Horne, II City Manager Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E. Goudeau City Clerk THE UPPER PINELLAS ASSOCIATION FOR RETARDED CITIZENS, INC. By: Printed Name: Thomas J. Buckley, EdD Executive Director Upper Pinellas Association of Retarded Citizens 2 Item # 19 c> cne me e- -I ,,- ~ 00 ::ez cn~ moo ZU'I -0 00 ::ecn O. m:n ~d mOJ ::em I I I Z --I m :::c -n r- o o :::c ""tJ );: Z ( I I I I t!J ,', D " II I - ~ ::!!O I I D~I'I ~ ~ ~ tal",,,,,,, ~ -I r- ~ /"-- vOv TV :!J ~ or;;ln" Xl xx gig I ol~lo g:><J xx DfO' 0 .'v v- cf' r ::::c ~ "0 00'" -,l 0 ;;E ! U I ~~ :::0 )> rw=~;~ ~ < ~I ~ PI ~chment number 2 ""T"I o I ~) D I ~ F ~e 1 of 1 tII'W L, ~I , I Gn , , ~,},r,::1 f Ir-[- IAI II ~ Ilbn ! D 0 D ~ I~ I (~I ) I , I I (~ ) I I ;:" d~~~ o n~ X "'tJ ~ riii If IT ~ " m -I m ::e > D D D IIDITJII D ~ c ~ ~ r~ ~ lRes,~ ~~~~,l ~ / '''~~~~~ 8 'I(h, ~~~~~~ ;;: ~;JF~II~~~~I ~.~~~.~-~ ~~~~~~~.~~~~p ~~~~~~~~~~ ~ 0-."""" '" '\~"" '"" '""'\~"" "" ~,V:: ~ '" ~ ~'\( ,,",, '"" "" ,,"');, ~ ~~_W~~ ~~~~ ",'~ " I I I Z --I m :::c -n r- o o :::c ""tJ );: Z o D Nil I 0 D o D - - - (J)~ ~~ 00 Z. ~~ 5~ ~~ m ttachment number 3 ""T"I I "age 1 of 1 tI'W ~ Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve an Interlocal Agreement between the CRA and the City of Clearwater to provide CRA funding in the amount of $134,023.46 to underwrite the cost of two additional Community Policing officers and related equipment by the Clearwater Police Department in the East Gateway CRA District, pursuant to the recently adopted East Gateway District Five- Year Action Plan and authorize the appropriate officials to execute same. (consent) SUMMARY: 1. On August 18, 2008, the CRA approved the Interlocal Agreement to provide Tax Increment Financing (TIF) funding to The City Of Clearwater in the amount of $134,023.86 to provide two (2) Community Police officers and related equipment to the CRA area of the East Gateway. 2. The term of this Interlocal Agreement will be October 1, 2008 through September 30, 2009. 3. The TIF funds paid to the City of Clearwater by the CRA will be done pursuant to Section 163.361(1), Florida Statutes, and will be used to provide a more visible community policing presence within the East Gateway neighborhood. Review Approval: 1) Clerk Cover Memo Item # 20 Attachment number 1 Page 1 of 6 INTERLOCAL AGREEMENT This Interlocal Agreement is made and entered into this day of , 2008, by and between the Community Redevelopment Agency of the City of Clearwater, Florida (CRA), a redevelopment agency established pursuant to law, and the City of Clearwater (CITY), a municipal corporation of the State of Florida. WHEREAS, this Agreement is made and entered between the parties pursuant to Section 163.01, Florida Statutes, the "Florida Interlocal Cooperation Act of 1969"; and WHEREAS, Section 163.361 (1) of the Florida Statutes allows for the use of Tax Increment Funding (TIF) funds for community policing innovations in Community Redevelopment Areas; and WHEREAS, the CRA has established a Five Year Plan which contains an East Gateway Character District Strategy, which includes the element to "provide a more visible community policing presence within the East Gateway neighborhood"; and WHEREAS, the CRA has ascertained that the East Gateway area is in critical need of community policing presence in order to specifically reduce drug dealing, prostitution, and street crimes in the target area; and WHEREAS, the CRA desires, through the use of TIF funds, to enhance the community policing presence, specifically in the East Gateway area; and WHEREAS, the CRA and the CITY wish to enter into an Interlocal Agreement in order to provide for the CRA's financial contribution to provide additional community policing presence by the CITY in the East Gateway area above and beyond the current activity levels; and WHEREAS, the CRA and the CITY desire to enter into an Interlocal Agreement outlining the scope of services and responsibilities of the parties. NOW THEREFORE, in consideration of the covenants made by each party to the other and of the mutual advantages to be realized by the parties hereto, the CRA and the CITY agree as follows: Section 1. Term. The term of this Interlocal Agreement will be October 1,2008 through September 30,2009. Section 2. Intent. It is the intent of the parties that the TIF funds paid to the CITY by the CRA pursuant to Section 163.361 (1), Florida Statutes, be used Item # 20 Attachment number 1 Page 2 of 6 to provide a more visible community policing presence within the East Gateway neighborhood. Section 3. Responsibilities of the CRA 1. Function: a. Provide TIF funding in the total amount of $134,023.86 for the contract year, said funds to be utilized by the Clearwater Police Department (CPD) to provide the community policing presence, to be allocated in the following manner: b. $127,444.04 to pay for the salaries, benefits and equipment for two (2) police officers for the contract year. Exhibit "A," Position Enhancement Fact Sheet, attached hereto and incorporated by reference, contains detailed specifications on salary, benefits and equipment. c. $2,829.82 to purchase two (2) fully equipped police bicycles as a cost of $1,414.91 each. d. $3,750.00, the estimated fuel cost for the contract year for a police vehicle used by the two (2) police officers within the East Gateway Area. Section 4. Responsibilities of the CITY 1. Scope of Duties. The services that the CITY will provide will be carried out the CPD. These services are: A) Implementation of a Law Enforcement Strategy in the East Gateway area as follows: Goal: Reduce drug dealing, prostitution, and street crimes. 1. Objective 1: Remove identified dealers and career criminals from the area. Tasks: a) Identify the drug dealers in the area. b) Gather intelligence information utilizing undercover techniques and surveillance equipment. c) Develop confidential informants to assist in furthering crim inal investigations of the "worst of the worst." Outcome Measures: a) Develop two (2) confidential informants in the target area. 2 Item # 20 Attachment number 1 Page 3 of 6 b) Increase by 25% the number of criminal charges filed against drug dealers in the target area. 2. Objective 2: Reduce incidence of prostitution and solicitations by "Johns" in the target area. Tasks: a) Conduct reverse prostitution "stings" utilizing police officers as decoys. b) Utilize directed patrol to discourage prostitutes and "Johns" from frequenting the area. c) Impound vehicles of "Johns) who are arrested for soliciting prostitutes or police decoys in the area. d) Coordinate with the City's Community Response Team to enhance code enforcement in the target area relative to hotels that are know to be utilized by prostitutes. Outcome measures: a) Conduct minimum of three (3) reverse sting operations annually. b) Conduct minimum of two (2) inspections annually in conjunction with Community Response Team of hotels used by prostitutes. 3. Objective 3: Reduce crimes committed by and against homeless individuals in the target area. Tasks: a) Utilize directed patrol in areas known to be frequented by homeless individuals. b) Enforce "Rules of Conduct" as set forth by the Clearwater Homeless Intervention Project (including prohibitions against panhandling, public drinking, public urination, loitering, etc.) Outcome Measures: a) Increase arrests and citations for violations of criminal law or ordinances by 25% over a five-year period. B) In order to carry out the Law Enforcement Strategy referenced above, the COP will provide the following: 1. Two (2) fully equipped police officers to provide law enforcement services to the target area defined as the East Gateway for a minimum of eight (8) hours per day, five (5) days per week. 2. Specific duties, activities, and responsibilities: 3 Item # 20 Attachment number 1 Page 4 of 6 a) The officers will be assigned to a Community Policing Team with geographical responsibility for the East Gateway. b) The Team assignment will always ensure coverage by two (2) officers. c) Schedules of the officers will vary, but coverage will be predominately during evening hours. d) Officers will patrol by both vehicles and bicycles. e) A report of police activities and statistical information will be provided to the CRA on a scheduled basis. f) The officers selected will be experienced, current member of the CPD. 3. An existing, fully-equipped Crown Victoria Police Car. C) All CRA funds pursuant to this agreement will be kept in the CPD's departmental account and will be segregated for accounting purposes in the City records. D) No charges to the CRA account will be made for activities or hours worked by the two (2) officers outside the CRA area, or for equipment used outside the CRA area. D) Other administrative duties as mutually agreed. Section 5. Notice. Sixty (60) days notice by either party to the other pursuant to the Interlocal Agreement shall be given in writing and hand- delivered or mailed as follows: Chairperson, Board of Trustees Community Redevelopment Agency 112 South Osceola Avenue Clearwater, Florida 33756 City of Clearwater Attn: Rod Irwin, Asst City Mgr. for Econ. Development 112 South Osceola Avenue Clearwater, Florida 33756 Telephone: (727) 562-4040 Section 6. Entire Aqreement. This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or 4 Item # 20 Attachment number 1 Page 5 of 6 allegations other than those contained herein. This Agreement shall be binding on the parties, their successors, assigns and legal representatives. Section 7. Indemnification. The CRA and the CITY agree to be fully responsible for their own acts of negligence, or their respective agents' acts of negligence when acting within the scope of their employment, and agree to be liable for any damages resulting from said negligence only to the extent permitted by Section 768.28, Florida Statutes. Nothing herein is intended to nor shall it be construed as a waiver of any immunity from or limitation from liability that the CRA and the CITY are entitled to under the doctrine of sovereign immunity (Section 768.28, Florida Statutes). Nothing herein shall be construed as consent by the CRA or the CITY to be sued by third parties in any manner arising out of this Agreement. Section 8. Maintenance of Effort. The expenditures authorized by this Agreement are solely and exclusively to increase community policing activity and resources. The City agrees that no diminishment of existing police efforts in the East Gateway will occur as a result of this agreement. Section 8. Filinq Effective Date. As required by Section 163.01 (11), Florida Statutes, the Interlocal Agreement shall be filed with the Clerk of the Circuit Court of Pinellas County after execution by the parties, and shall take effect upon the date of filing. IN WITNESS WHEREOF, the parties hereto, or their law representatives, have executed this agreement as the date first above written. COMMUNITY REDEVELOPMENT AGENCY OF THE CITY OF CLEARWATER, FLORIDA By: Frank Hibbard, Chairperson ATTEST: By: Cynthia E. Goudeau, City Clerk 5 Item # 20 Countersigned: Frank V. Hibbard Mayor Approved as to form: Pamela K. Akin City Attorney Attachment number 1 Page 6 of 6 CITY OF CLEARWATER, FLORIDA By: William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk 6 Item # 20 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve renewing a contract with the Pinellas County Sheriff's Office, Largo, Florida, for latent fingerprint, crime scene processing, evidence and property storage and Pinellas Juvenile Assessment Center services, during the one year contract period commencing October 1, 2008, through September 30,2009, at a cost of $647,362.00 and authorize the appropriate officials to execute same. (consent) SUMMARY: The Pinellas County Sheriff's Office (PCSO) and the Clearwater Police Department (CPD) began annual contractual agreement for services in January 1994. The agreements covered\ latent fingerprint examination, property/evidence storage, and . .. cnme scene processlllg serVIces. The total cost of the proposed FY 2008/2009 agreement is $647,362.00. The contractual price reflects an increase of approximately 14% for currently provided services and an additional $57,362 for PJAC security. CPD has never been charged for this service. The proposed contractual agreement reflects the following breakout of costs: Fingerprint Services - $95,620.00; Forensic Science Services (Crime Scene Processing) - $352,000.00 (2,200 calls @ $160.00 per call), requests for services in excess of 2,200 calls will be invoiced monthly at a rate of $160.00 per call. In addition, any funds from unused calls for service from FY 2008/2009 shall be applied toward the following year's contractual agreement; Evidence and Property Service and Storage - $142,380.00. This cost is inclusive of personnel and storage costs, and is an increase of $79,878 over FY 2007/2008 charges for the same category. The Sheriffs previous charges have not covered his cost for providing these services. In order to bring the fees up to a level to cover his costs, the rates will be increased over the next two years. This year's increase represents the main reason for the 14% overall increase in the cost for this contract. Additionally, for the first time PCSO is charging all Pinellas County law enforcement agencies their respective share of the cost of providing security for the Pinellas Juvenile Assessment Center (PJAC). Clearwater's share is $57,362.00 based on the number of juvenile bookings made by CPD into PJ AC the previous year, totaling 667, reflecting a cost of $86.00 per booking. Billing for requests for service in excess of the 667 bookings during the term of this contract shall be invoiced at the rate of $86.00 per booking. Any excess funds from unused bookings will carryover to the following year. Funding for this contractual agreement is proposed in the Police Department's FN 200812009 operating budget. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Operating Expenditure None Budget Adjustment: None -0- Annual Operating Cost: Total Cost: $647,362.00 2008 to 2009 Appropriation Code 010-01121-530300-521-000 Review Approval: 1) Clerk Amount $647,362.00 Appropriation Comment Item # 21 Attachment number 1 Page 1 of 9 AGREEMENT COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation (hereinafter "CITY"), JIM COATS, as Sheriff of Pinellas County, Florida, (hereinafter "SHERIFF") and PINELLAS COUNTY, a political subdivision of the State of Florida, (hereinafter "BOARD") and agree as follows: WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining latent fingerprints derived from crime scenes within the CITY and from suspects and victims of crimes occurring within the municipal limits of the CITY, and; WHEREAS, the CITY desires to contract with the SHERIFF for crime scene services and evidence and property storage for the CITY OF CLEARWATER Police Department, and; WHEREAS, the SHERIFF has available personnel to perform such services for the CITY; WHEREAS, the CITY desires to contract with the SHERIFF for the provision of security at the Juvenile Assessment Center; and WHEREAS, both the CITY and the SHERIFF believe the provision of such services as hereinafter described is in the best interest of the safety and welfare of the citizens of the CITY and of Pinellas County and that such will facilitate the investigation of criminal activity and the apprehension of persons engaging in such activity; -NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties hereto agree as follows: Item # 21 Attachment number 1 Page 2 of 9 1. LATENT PRINT SERVICES A. The SHERIFF shall provide to the CITY latent print examination and analysis services. B. Latent Print Examiners who perform these services shall be appropriately trained and qualified to examine latent fingerprints and to identify same. C. Said Examiners shall be members of the Pinellas County Sheriff's Office and shall be subject to the direction and all rules and regulations of the SHERIFF. D. Said Examiners shall be on duty to perform fingerprint examinations for the CITY eight (8) hours per day, five (5) days per-week and shall as a part of their duties: - 1. Examine fingerprints provided by the CITY to eliminate fingerprints of persons who have a legitimate reason to have their fingerprints in a premise or on an object. 2. Evaluate the quality oflatent fingerprints provided by the CITY. 3. Compare the latent fingerprints of suspects provided by the CITY. 4. Appropriately document those latent fingerprints provided by the CITY which cannot be positively identified. 5. Prepare and provide to the CITY reports on all latent fingerprint identifications performed. 6. Attend depositions, hearings and trials and render expert testimony in the area of fingerprint identification. E. In those instances where the CITY submits a complex or lengthy latent identifieation request, the SHERIFF shall devote the necessary available personnel to perform the work. F. The CITY shall provide one individual, to be designated by the CITY, who shall act as a liaison with the Examiners provided for herein. Said liaison shall: 2 Item # 21 Attachment number 1 Page 3 of 9 1. Be a member of the CITY Police Department. 2. Be responsible for the timely and appropriate delivery of latent fingerprints and certain items of evidence to the SHERIFF. 3. Be responsible for the proper execution and delivery to the SHERIFF of correctly executed latent fingerprint request forms. 4. Be responsible for the return to the CITY of completed latent fingerprint request forms showing the results of such examination or companson. 5. Serve as the SHERIFF's contact with the CITY in all day to day matters relating to the examination of latent fingerprints pursuant to this Agreement. G. . The CITY shall pay to' the BOARD the sum of NINETY-FIVE THOUSAND SIX HUNDRED AND TWENTY DOLLARS ($95,620.00) for the latent fingerprint services to be rendered pursuant to this Agreement. 2. FORENSIC SCIENCE SERVICES A. The SHERIFF will provide to the CITY, upon request by the CITY, Forensic Science Services to document, process and collect evidence at crime scenes within the CITY. Said services shall include the photographing or otherwise documenting said crime scene as such may be appropriate, within the scope and capabilities of the SHERIFF. Any processing or testing outside SHERIFF's capabilities shall be at the expense of the CITY but will be facilitated by SHERIFF. B. The SHERIFF shall provide to the CITY Police Department copies of all crime scene reports generated by SHERIFF's personnel pursuant to this Agreement. 3 Item # 21 Attachment number 1 Page 4 of 9 C. The CITY shall pay to the BOARD the sum of ONE HUNDRED SIXTY DOLLARS ($160.00) for each crime scene processed by the SHERIFF and shall guarantee a minimum of 2,200 calls for service during the period of this Agreement. For all requests for service in excess of 2,200 calls for service during the period of this Agreement, the CITY shall pay to the BOARD the sum of ONE HUNDRED SIXTY DOLLARS ($160.00) for each crime scene processed pursuant to this Agreement. D. The CITY shall pay to the BOARD the sum of THREE HUNDRED FIFTY-TWO THOUSAND DOLLARS ($352,000.00) for the 2,200 calls for service for the period of this Agreement. . E. Billing for requests for service in excess of 2,200 calls during the period of this Agreement shall be invoiced monthly at the rate of ONE HUNDRED SIXTY DOLLARS ($160.00) per call. F. Any funds from unused calls for service from FY 2008/2009 shall be applied towards next year's Agreement. G. The parties agree that the term "call for services" as used herein shall be defined as an incident, event or offense that requires a report or offense number made, recorded or taken by a member of the CITY Police Department for documentation purposes and which requires some reportable action by a SHERIFF's Forensic Science Specialist. All services rendered under the same case number shall be deemed one call for service. Such offense numbers shall be used to calculate calls for service with each offense number which results in a request for services being deemed a call for services. 4 Item # 21 Attachment number 1 Page 5 of 9 3. EVIDENCE AND PROPERTY SERVICE AND STORAGE A. During the term of this Agreement, the SHERIFF agrees to provide to the CITY storage, release and disposition of all seized evidence, found property and property being held for safekeeping as defined by Florida Statutes and the City of Clearwater Code of Ordinances within the SHERIFF's Evidence and Property Storage Facility, except for non- evidentiary bicycles and breath, blood or urine samples obtained from persons suspected of operating vehicles or vessels while under the influence of alcohol or drugs, which samples shall be maintained by the Pinellas County Medical Examiner's Office. B. . The SHERIFF shall also transport drug items to and from the County iab as determined by the CITY Police Department. The SHERIFF shall be responsible for transporting all items of property or evidence as aforesaid from the CITY Police Department and transporting same to secure storage facilities maintained by the SHERIFF. However, where such items of property or evidence are large, voluminous, heavy or otherwise not compatible with transport by ordinary courier, it shall be the responsibility of the CITY Police Department to transport such items to the SHERIFF's Evidence and Property Storage Facility. C. The SHERIFF shall store and maintain chain of custody of all evidence and other property in accordance with current general orders and SOPs. D. All evidence and other property seized, found or held for safekeeping by 'the SHERIFF for the CITY. Police Department shall be disposed of in accordance with Florida law or as otherwise ordered by a court of law. Nothing herein shall prevent the CITY from retaining any of its evidence or other property as part of the CITY's inventory of property or donated by the CITY to a qualified non-profit organization in accordance with Florida law. 5 Item # 21 Attachment number 1 Page 6 of 9 E. The CITY shall pay to the BOARD the sum of ONE HUNDRED FORTY- TWO THOUSAND THREE HUNDRED EIGHTY DOLLARS ($142,380.00) for the property and evidence service and storage. This cost is inclusive of personnel and storage costs. 4. PINELLAS JUVENILE ASSESSMENT CENTER (PJAC) A. The SHERIFF and the CITY agree that PJAC is a collaborative effort among the vanous Pinellas County entities for the centralized and efficient processing of juveniles taken into custody by law enforcement officers countywide. The Pinellas County Sheriff's Office has voluntarily been providing PJAC security services at its own expense for many years without seeking contribution from other Pinellas County law enforcement agencid. The parties agree that fiscal constraints prohibit the continuation of this practice on the part of the SHERIFF. B. The SHERIFF and the CITY further agree that for the term of this Agreement that the CITY shall pay for its share of the cost of security based upon the number of juveniles the CITY's Police Department books at PJAC. The CITY will pay for a minimum of 667 juveniles for the term of this Agreement, at a cost of FIFTY -SEVEN THOUSAND THREE HUNDRED SIXTY-TWO DOLLARS ($57,362.00) reflecting a cost of EIGHTY-SIX DOLLARS ($86.00) per booking. C. Billing for requests for service in excess of the 667 bookings during the ferm of this Agreement shall be invoiced at the rate of EIGHTY-SIX DOLLARS ($86.00) per booking. D. Any funds not expended in FY 2008-2009 because the number of juveniles booked is less than the anticipated 667 shall be applied towards next year's Agreement. 6 Item # 21 Attachment number 1 Page 7 of 9 5. TOTAL COMPENSATION The CITY agrees to pay to the BOARD, on October 1, 2008, the sum of SIX HUNDRED FORTY-SEVEN THOUSAND THREE HUNDRED SIXTY-TWO DOLLARS ($647,362.00) which reflects the minimum sum due for all services to be rendered during the term of this Agreement. 6. CONTACT PERSONS The SHERIFF agrees to use best efforts and necessary resources available to tlle SHERIFF to carry out the terms and conditions of this Agreement. Both parties agree that they will cooperate and work together to carry out the terms and conditions of the Agreement. To that end, the parties agree that the following individuals shall be the contact persons for the CITY and SHERIFF respectively. FOR THE CITY FOR THE SHERIFF Sid Klein, Chief of Police 644 Pierce Street Clearwater, FL 33756 (727) 562-4242 Major Dan Simovich P. O. Drawer 2500 Largo, FL 33779-2500 (727) 582-6410 7. BUDGET The BOARD hereby joins in the execution of this Agreement and said BOARD agrees.to amend the Pinellas County Sheriff's Office budget to provide these funds necessary to accomplish the purposes of this Agreement and agrees to cooperate in every way reasonably possible to insure that the purposes stated herein are fulfilled. 7 Item # 21 Attachment number 1 Page 8 of 9 8. CANCELLATION Either party may cancel this Agreement without penalty upon providing notice of such cancellation in writing thirty (30) days in advance of the date of cancellation. Upon such cancellation, the SHERIFF shall retain such sums from the payment set forth above as reflect actual calls for service or property storage at the rate provided herein and shall refund the remainder to the CITY. If the SHERIFF receives reimbursement from the BOARD for any of the services that the SHERIFF will be providing to the CITY pursuant to this Agreement, the SHERIFF shall refund the prorated amount of any unused services to the BOARD. 9. COMPLETE AGREEMENT This Agreement constitutes the full and complete understanding of the parties. 10. MODIFICATION This Agreement may be modified or amended only by a document in writing signed by all the parties hereto. 11. ASSIGNMENT Neither party shall assign any obligations or responsibilities under this Agreement to any third party. 12. INDEMNIFICATION Each party shall be liable for the negligent acts or omissions of its own employees ~in the performance of this Agreement. Nothing contained herein shall be construed to limit or modify the provisions of Florida Statute 768.28. Nothing herein shall abrogate or expand the sovereign immunity enjoyed by the CITY and the SHERIFF pursuant to the provisions of 8 Item # 21 Attachment number 1 Page 9 of 9 Chapter 768, Florida Statutes, nor shall any third party receive any benefit whatsoever from the indemnification provided herein. 13. TERM OF AGREEMENT This Agreement shall be for a period of one (1) year commencing October 1, 2008, and concluding September 30,2009. IN WITNESS WHEREOF the parties to this Agreement have caused the same to be signed by their duly authorized representatives this _ day of 2008. Countersigned: CITY OF CLEARWATER, FLORIDA Mayor-Commissioner City Manager Approved as to form: Attest: City Clerk Approved as to form: SHERIFF OF PINELLAS COUNTY, FLORIDA Deputy General Counsel Jim Coats, Sheriff ATTEST: KEN BURKE, Clerk PINELLAS COUNTY, FLORIDA, By and through its Board of County Commissioners Deputy- Clerk Chairperson APPROVED AS TO FORM: County Attorney 9 Item # 21 Attachment number 2 Page 1 of 9 AGREEMENT COMES NOW, the CITY OF CLEARWATER, FLORIDA, a municipal corporation (hereinafter "CITY"), JIM COATS, as Sheriff of Pinellas County, Florida, (hereinafter "SHERIFF") and PINELLAS COUNTY, a political subdivision of the State of Florida, (hereinafter "BOARD") and agree as follows: WHEREAS, the CITY desires to contract with the SHERIFF for assistance in examining latent fingerprints derived from crime scenes within the CITY and from suspects and victims of crimes occurring within the municipal limits of the CITY, and; WHEREAS, the CITY desires to contract with the SHERIFF for crime scene services and evidence and property storage for the CITY OF CLEARWATER Police Department, and; WHEREAS, the SHERIFF has available personnel to perform such services for the CITY; WHEREAS, the CITY desires to contract with the SHERIFF for the provision of security at the Juvenile Assessment Center; and WHEREAS, both the CITY and the SHERIFF believe the provision of such services as hereinafter described is in the best interest of the safety and welfare of the citizens of the CITY and of Pinellas County and that such will facilitate the investigation of criminal activity and the apprehension of persons engaging in such activity; NOW, THEREFORE, in consideration of the mutual covenants and promises set forth below, the parties hereto agree as follows: Item # 21 Attachment number 2 Page 2 of 9 1. LATENT PRINT SERVICES A. The SHERIFF shall provide to the CITY latent print examination and analysis services. B. Latent Print Examiners who perform these services shall be appropriately trained and qualified to examine latent fingerprints and to identify same. C. Said Examiners shall be members of the Pinellas County Sheriff's Office and shall be subject to the direction and all rules and regulations of the SHERIFF. D. Said Examiners shall be on duty to perform fingerprint examinations for the CITY eight (8) hours per day, five (5) days per week and shall as a part of their duties: 1. Examine fingerprints provided by the CITY to eliminate fingerprints of persons who have a legitimate reason to have their fingerprints in a premise or on an object. 2. Evaluate the quality of latent fingerprints provided by the CITY. 3. Compare the latent fingerprints of suspects provided by the CITY. 4. Appropriately document those latent fingerprints provided by the CITY which cannot be positively identified. 5. Prepare and provide to the CITY reports on all latent fingerprint identifications performed. 6. Attend depositions, hearings and trials and render expert testimony in the area of fingerprint identification. E. In those instances where the CITY submits a complex or lengthy latent identification request, the SHERIFF shall devote the necessary available personnel to perform the work. F. The CITY shall provide one individual, to be designated by the CITY, who shall act as a liaison with the Examiners provided for herein. Said liaison shall: 2 Item # 21 Attachment number 2 Page 3 of 9 1. Be a member of the CITY Police Department. 2. Be responsible for the timely and appropriate delivery of latent fingerprints and certain items of evidence to the SHERIFF. 3. Be responsible for the proper execution and delivery to the SHERIFF of correctly executed latent fingerprint request forms. 4. Be responsible for the return to the CITY of completed latent fingerprint request forms showing the results of such examination or companson. 5. Serve as the SHERIFF's contact with the CITY in all day to day matters relating to the examination of latent fingerprints pursuant to this Agreement. G. The CITY shall pay to the BOARD the sum of NINETY-FIVE THOUSAND SIX HUNDRED AND TWENTY DOLLARS ($95,620.00) for the latent fingerprint services to be rendered pursuant to this Agreement. 2. FORENSIC SCIENCE SERVICES A. The SHERIFF will provide to the CITY, upon request by the CITY, Forensic Science Services to document, process and collect evidence at crime scenes within the CITY. Said services shall include the photographing or otherwise documenting said crime scene as such may be appropriate, within the scope and capabilities of the SHERIFF. Any processing or testing outside SHERIFF's capabilities shall be at the expense of the CITY but will be facilitated by SHERIFF. B. The SHERIFF shall provide to the CITY Police Department copies of all crime scene reports generated by SHERIFF's personnel pursuant to this Agreement. 3 Item # 21 Attachment number 2 Page 4 of 9 C. The CITY shall pay to the BOARD the sum of ONE HUNDRED SIXTY DOLLARS ($160.00) for each crime scene processed by the SHERIFF and shall guarantee a minimum of 2,200 calls for service during the period of this Agreement. For all requests for service in excess of 2,200 calls for service during the period of this Agreement, the CITY shall pay to the BOARD the sum of ONE HUNDRED SIXTY DOLLARS ($160.00) for each crime scene processed pursuant to this Agreement. D. The CITY shall pay to the BOARD the sum of THREE HUNDRED FIFTY-TWO THOUSAND DOLLARS ($352,000.00) for the 2,200 calls for service for the period of this Agreement. E. Billing for requests for service in excess of 2,200 calls during the period of this Agreement shall be invoiced monthly at the rate of ONE HUNDRED SIXTY DOLLARS ($160.00) per call. F. Any funds from unused calls for service from FY 2008/2009 shall be applied towards next year's Agreement. G. The parties agree that the term "call for services" as used herein shall be defined as an incident, event or offense that requires a report or offense number made, recorded or taken by a member of the CITY Police Department for documentation purposes and which requires some reportable action by a SHERIFF's Forensic Science Specialist. All services rendered under the same case number shall be deemed one call for service. Such offense numbers shall be used to calculate calls for service with each offense number which results in a request for services being deemed a call for services. 4 Item # 21 Attachment number 2 Page 5 of 9 3. EVIDENCE AND PROPERTY SERVICE AND STORAGE A. During the term of this Agreement, the SHERIFF agrees to provide to the CITY storage, release and disposition of all seized evidence, found property and property being held for safekeeping as defined by Florida Statutes and the City of Clearwater Code of Ordinances within the SHERIFF's Evidence and Property Storage Facility, except for non- evidentiary bicycles and breath, blood or urine samples obtained from persons suspected of operating vehicles or vessels while under the influence of alcohol or drugs, which samples shall be maintained by the Pinellas County Medical Examiner's Office. B. The SHERIFF shall also transport drug items to and from the County lab as determined by the CITY Police Department. The SHERIFF shall be responsible for transporting all items of property or evidence as aforesaid from the CITY Police Department and transporting same to secure storage facilities maintained by the SHERIFF. However, where such items of property or evidence are large, voluminous, heavy or otherwise not compatible with transport by ordinary courier, it shall be the responsibility of the CITY Police Department to transport such items to the SHERIFF's Evidence and Property Storage Facility. C. The SHERIFF shall store and maintain chain of custody of all evidence and other property in accordance with current general orders and SOPs. D. All evidence and other property seized, found or held for safekeeping by the SHERIFF for the CITY Police Department shall be disposed of in accordance with Florida law or as otherwise ordered by a court of law. Nothing herein shall prevent the CITY from retaining any of its evidence or other property as part of the CITY's inventory of property or donated by the CITY to a qualified non-profit organization in accordance with Florida law. 5 Item # 21 Attachment number 2 Page 6 of 9 E. The CITY shall pay to the BOARD the sum of ONE HUNDRED FORTY- TWO THOUSAND THREE HUNDRED EIGHTY DOLLARS ($142,380.00) for the property and evidence service and storage. This cost is inclusive of personnel and storage costs. 4. PINELLAS JUVENILE ASSESSMENT CENTER (PJAC) A. The SHERIFF and the CITY agree that PJAC is a collaborative effort among the vanous Pinellas County entities for the centralized and efficient processing of juveniles taken into custody by law enforcement officers countywide. The Pinellas County Sheriff's Office has voluntarily been providing PJAC security services at its own expense for many years without seeking contribution from other Pinellas County law enforcement agencies. The parties agree that fiscal constraints prohibit the continuation of this practice on the part of the SHERIFF. B. The SHERIFF and the CITY further agree that for the term of this Agreement that the CITY shall pay for its share of the cost of security based upon the number of juveniles the CITY's Police Department books at PJAC. The CITY will pay for a minimum of 748 juveniles for the term of this Agreement, at a cost of FIFTY-SEVEN THOUSAND TWO HUNDRED TWENTY-TWO DOLLARS ($57,222.00) reflecting a cost of SEVENTY-SIX DOLLARS AND FIFTY CENTS ($76.50) per booking. C. Billing for requests for service in excess of the 748 bookings during the term of this Agreement shall be invoiced at the rate of SEVENTY-SIX DOLLARS AND FIFTY CENTS ($76.50) per booking. D. Any funds not expended in FY 2008-2009 because the number of juveniles booked is less than the anticipated 748 shall be applied towards next year's Agreement. 6 Item # 21 Attachment number 2 Page 7 of 9 5. TOT AL COMPENSATION The CITY agrees to pay to the BOARD, on October 1, 2008, the sum of SIX HUNDRED FORTY-SEVEN THOUSAND TWO HUNDRED TWENTY-TWO DOLLARS ($647,222.00) which reflects the minimum sum due for all services to be rendered during the term of this Agreement. 6. CONTACT PERSONS The SHERIFF agrees to use best efforts and necessary resources available to the SHERIFF to carry out the terms and conditions of this Agreement. Both parties agree that they will cooperate and work together to carry out the terms and conditions of the Agreement. To that end, the parties agree that the following individuals shall be the contact persons for the CITY and SHERIFF respectively. FOR THE CITY FOR THE SHERIFF Sid Klein, Chief of Police 644 Pierce Street Clearwater, FL 33756 (727) 562-4242 Major Dan Simovich P. O. Drawer 2500 Largo, FL 33779-2500 (727) 582-6410 7. BUDGET The BOARD hereby joins in the execution of this Agreement and said BOARD agrees to amend the Pinellas County Sheriff's Office budget to provide these funds necessary to accomplish the purposes of this Agreement and agrees to cooperate in every way reasonably possible to insure that the purposes stated herein are fulfilled. 8. CANCELLATION Either party may cancel this Agreement without penalty upon providing notice of such cancellation in writing thirty (30) days in advance of the date of cancellation. Upon such 7 Item # 21 Attachment number 2 Page 8 of 9 cancellation, the SHERIFF shall retain such sums from the payment set forth above as reflect actual calls for service or property storage at the rate provided herein and shall refund the remainder to the CITY. If the SHERIFF receives reimbursement from the BOARD for any of the services that the SHERIFF will be providing to the CITY pursuant to this Agreement, the SHERIFF shall refund the prorated amount of any unused services to the BOARD. 9. COMPLETE AGREEMENT This Agreement constitutes the full and complete understanding of the parties. 10. MODIFICATION This Agreement may be modified or amended only by a document in writing signed by all the parties hereto. 11. ASSIGNMENT Neither party shall assign any obligations or responsibilities under this Agreement to any third party. 12. INDEMNIFICATION Each party shall be liable for the negligent acts or omissions of its own employees in the performance of this Agreement. Nothing contained herein shall be construed to limit or modify the provisions of Florida Statute 768.28. Nothing herein shall abrogate or expand the sovereign immunity enjoyed by the CITY and the SHERIFF pursuant to the provisions of Chapter 768, Florida Statutes, nor shall any third party receive any benefit whatsoever from the indemnification provided herein. 8 Item # 21 Attachment number 2 Page 9 of 9 13. TERM OF AGREEMENT This Agreement shall be for a period of one (1) year commencing October 1, 2008, and concluding September 30,2009. IN WITNESS WHEREOF the parties to this Agreement have caused the same to be signed by their duly authorized representatives this _ day of 2008. Countersigned: CITY OF CLEARWATER, FLORIDA Mayor -Commi ssi oner City Manager Approved as to form: Attest: Assistant City Attorney City Clerk Approved as to form: SHERIFF OF PINELLAS COUNTY, FLORIDA Deputy General Counsel Jim Coats, Sheriff ATTEST: KEN BURKE, Clerk PINELLAS COUNTY, FLORIDA, By and through its Board of County Commissioners Deputy Clerk Chairperson APPROVED AS TO FORM: County Attorney 9 Item # 21 Attachment number 3 Page 1 of 1 FY 2007 PJAC Booking Numbers for PCSO and Other Agencies The following numbers were reported to the Strategic Planning Division (SPD) as part of the INTERACT reporting of PCJ Central Division on a monthly basis during the FY 2007 time period (October 2006 - September 2007). The discrepancy between the number of total PJAC bookings reported in the budget process for FY 2009 and these numbers can be explained by a reporting error by Central Division in September 2007. Corrections were submitted by Central Division to SPD in October of 2007, however the INTERACT program had changed its reporting criteria that month and PJAC was no longer reported. Therefore the report worksheets were not updated with the corrections. When data was requested for the FY 2009 budget presentation, the incorrect September 2007 spreadsheets were inadvertently used to calculate the number of PJAC bookings in FY 2007. St. Pete PD 2,137 27.2% CLW PD 748 9.5% PPPD 451 5.7% Gulfport PD 83 1.1% St. Pete Beach PD 42 0.5% TIPD 15 0.2% Tarpon PD 111 1.4% Largo PD 545 6.9% KCPD 32 0.4% Campus 99 1.3% Court 20 0.3% JOC 346 4.4% Self Turn-In 217 2.8% Belleair PD 7 0.1% DJJ 362 4.6% ISPD 8 0.1% FHP 1 0.0% Other 45 0.6% Item # 21 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve the a Cooperative Funding Agreement in the amount of $412,875 with the Southwest Florida Water Management District (SWFWMD) and Pinellas County to share the cost of implementation of the Magnolia A venue and Sandra Drive Improvement Area and authorize the appropriate officials to execute same. (consent) SUMMARY: Pinellas County approached the City and requested that we partner with them and the Southwest Florida Water Management District (SWFWMD) on this erosion control project. One side of the Creek is in the City and the other is in the County and the side banks are vertical with potential for private property damage if not corrected. The project will consist of reinforcing approximately 2000 feet of channel with gabions and grading the creek bank above the gabions at a gradual slope to blend with surrounding topography. The total project cost is anticipated to be $1,651,500. The County will take the lead on this project handling the design, construction management and fund $412,875. The City will assist with the project and fund $412,875. The SWFWMD will fund $825,750 of the project. Council action at this time is necessary to secure District funds for construction. A separate agreement will be presented to Council before awarding the construction contract. Sufficient budget and revenue is available in Capital Improvement Program (CIP) project 0315-96164, Allen's Creek Improvements Project to fund the City's share of costs. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $412,875.00 $412,875.00 2007 to 2008 Annual Operating Cost: Total Cost: 0.00 $412,875.00 Appropriation Code 0315-96164-563700-539-000- 0000 Amount Appropriation Comment Review Approval: 1) Clerk Cover Memo Item # 22 Attachment number 1 Page 1 of 10 AGREEMENT NO. 07C00000057 COOPERATIVE FUNDING AGREEMENT AMONG THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND PINELLAS COUNTY AND THE CITY OF CLEARWATER FOR IMPLEMENTATION OF BMPS IN ALLENS CREEK WATERSHED, MAGNOLIA AVENUE AND SANDRA DRIVE IMPROVEMENT AREA (L703) THIS COOPERATIVE FUNDING AGREEMENT is made and entered into by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public corporation of the State of Florida, whose address is 2379 Broad Street, Brooksville, Florida 34604-6899, for itself and on behalf of the Pinellas-Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and PINELLAS COUNTY, a political subdivision of the State of Florida, whose address is 315 Court Street, Cleal\'Vater, Florida 33756, hereinafter referred to as the "COUNTY," and the CITY OF CLEARWATER, a municipal corporation of the State of Florida, whose address is 112 South Osceola Avenue, Post Office Box 4748. Clearwater Florida, 33758-4748, hereinafter referred to as the "CITY." WITNESSETH: WHEREAS, the COUNTY and CITY proposed a project to the DISTRICT for funding consideration under the DISTRICT'S cooperative funding program; and WHEREAS, the project consists of implementation of Best Management Practices (BMPs) in Aliens Creek Watershed, Magnolia Avenue and Sandra Drive Improvement Area hereinafter referred to as the "PROJECT"; and WHEREAS, the DISTRICT considers the PROJECT worthwhile and desires to assist the COUNTY and CITY in funding the PROJECT. NOW THEREFORE, the DISTRICT, COUNTY, and CITY, in consideration of the mutual terms, covenants and conditions set forth herein, agree as fGllows: 1 . PROJECT MANAGER AND NOTICES. Each party hereby designates the employee set forth below as its respective Project Manager. Project Managers will assist with PROJECT coordination and will be each party's prime contact person. Notices and reports will be sent to the attention of each party's Project Manager by U.S. mail, postage paid, to the parties' addresses as set forth in the introductory paragraph of this Agreement. Project Manager for the DISTRICT: Project Manager for the COUNTY: Project Manager for the CITY: Richard Mayer, P.E. Michael Maroney, P.E. Elliot Shoberg, P.E. Page 1 of 7 Item # 22 Attachment number 1 Page 2 of 10 Any changes to the above representatives or addresses must be provided to the other party in writing. 1.1 The DISTRICT'S Project Manager is hereby authorized to approve requests to extend a PROJECT task deadline set forth in this Agreement. Such approval must be in writing, explain the reason for the extension and be signed by the Project Manager and his or her Department Director, or Deputy Executive Director if the Department Director is the Project Manager. The DISTRICT'S Project Manager is not authorized to approve any time extension which will result in an increased cost to the DISTRICT or which will exceed the expiration date set forth in Paragraph 4, Contract Period. 1.2 The DISTRICT'S Project Manager is authorized to adjust a line item amount of the Project Budget contained in the Proposed Project Plan set forth in Exhibit "B" or, if applicable, the refined budget as set forth in Paragraph 3.1 below. The adjustment must be in writing, explain the reason for the adjustment, and be signed by the Project Manager, his or her Department Director and Deputy Executive Director. The DISTRICT'S Project Manager is not authorized to make changes to the Scope of Work and is not authorized to approve any increase in the not-to-exceed amount set forth in the funding section of this Agreement. 2. SCOPE OF WORK. Upon receipt of written notice to proceed from the DISTRICT, the COUNTY agrees to perform the services necessary to complete the PROJECT in accordance with the Special Project Terms and Conditions set forth in Exhibit "A" and the Proposed Project Plan set forth in Exhibit "B." Any changes to this Scope of Work and associated costs, except as provided herein, must be mutually agreed to in a formal written amendment approved by the DISTRICT, COUNTY, and CITY prior to being performed by the COUNTY, subject to the provisions of Paragraph 3, Funding. The COUNTY will be solely responsible for managing the PROJECT, including the hiring and supervising of any contractors it engages in order to complete the PROJECT. 3. FUNDING. The parties anticipate that the total cost of the PROJECT will be One Million Six Hundred Fifty-One Thousand Five Hundred Dollars ($1,651,500). The DISTRICT agrees to fund PROJECT costs up to Eight Hundred Twenty-Five Thousand Seven Hundred Fifty Thousand Dollars ($825,750) and will have no obligation to pay any costs beyond this maximum amount. The COUNTY agrees to fund PROJECT costs up to Four Hundred Twelve Thousand Eight Hundred Seventy-Five Dollars ($412,875). The CITY agrees to fund PROJECT costs up to Four Hundred Twelve Thousand Eight Hundred Seventy-Five Dollars ($412,875). The COUNTY will be the lead party to this Agreement and will pay PROJECT costs prior to requesting reimbursement from the DISTRICT and the CITY. If it becomes evident that the total PROJECT cost will exceed $1,651,500, then the COUNTY, CITY and DISTRICT, by mutual written agreement, may prOVide additional funding or reduce the PROJECT scope. 3.1 The DISTRICT and the CITY will reimburse the COUNTY for their share of the PROJECT costs in accordance with the Project Budget contained in the Proposed Project Plan set forth in Exhibit "8," subject to Paragraph 3.5 below. The COUNTY may contract with a contractor(s) in accordance with the Special Project Terms and Conditions set forth in Exhibit "A." Upon written DISTRICT approval, the budget Page 2 of 7 Item # 22 Attachment number 1 Page 3 of 10 amounts for the work set forth in such contract(s) will refine the amounts set forth in the Project Budget and be incorporated herein by reference. The DISTRICT will reimburse the COUNTY for 50 percent of all allowable costs in each DISTRICT approved invoice received from the COUNTY up to the maximum DISTRICT contribution, as set forth above, of Eight Hundred Twenty-Five Thousand Seven Hundred Fifty Thousand Dollars ($825,750). The CITY will reimburse the COUNTY for 25 percent of all allowable costs in each CITY approved invoice received from the COUNTY. Payment will be made to the COUNTY in accordance with the Local Government Prompt Payme nt Act, Part VII of Chapter 218, Florida Statutes (F. S.), upon receipt of an invoice, with the appropriate support documentation, which will be submitted to the DISTRICT monthly at the following address: For the DISTRICT: Accounts Payable Section Southwest Florida Water Management District Post Office Box 1166 Brooksville, Florida 34605-1166 For the CITY: City of ClealWater Attn: Marty Pages, Administrative Analyst Public Works Administration 100 South Myrtle Avenue #220 ClealWater, Florida 33756 3.2 The Project Budget includes any travel expenses which may be authorized under this Agreement and reimbursement will be paid in accordance with Section 112.061, F.S., and District Procedure 13-5, attached hereto as Exhibit "C," as both may be amended from time to time. 3.3 The COUNTY will not use any DISTRICT funds for any purposes not specifically identified in the above Scope of Work. 3.4 Each COUNTY invoice must include the following certification, and the COUNTY hereby delegates authority by virtue of this Agreement to its Project Manager to affirm said certification: "I hereby certify that the costs requested for reimbursement and the COUNTY'S matching funds, as represented in this invoice, are directly related to the performance under the Implementation of BMPs in Aliens Creek Watershed, Magnolia Avenue, and Sandra Drive Improvement Area (L703) agreement between the Southwest Florida Water Management District, Pinellas County, and the City of Clearwater (Agreement No. 07C00000057), are allowable, allocable, properly documented, and are in accordance with the approved project budget." 3.5 The DISTRICT'S performance and payment pursuant to this Agreement are contingent upon the DISTRICT'S Governing Board appropriating funds for the PROJECT. Page 3 of 7 Item # 22 Attachment number 1 Page 4 of 10 4. CONTRACT PERIOD. This Agreement will be effective upon execution by all parties a nd will remai n in effect throug h December 31, 2010, un less terminated, pu rsuant to Paragraph 9 below, or amended in writing by the parties. 5. PROJECT RECORDS AND DOCUMENTS. Each party, upon request. will permit the other party to examine or audit all PROJECT related records and documents during or following completion of the PROJECT. Each party will maintain all such records and documents for at least three (3) years following completion of the PROJECT. All records and documents generated or received by any party in relation to the PROJECT are su bject to the Publ ic Reco rds Act, Cha pter 119, F.S. 6. OWNERSHIP OF DOCUMENTS AND OTHER MATERIALS. All documents, including reports, drawings, estimates, programs, manuals, specifications, and all goods or products, including intellectual property and rights thereto, purchased under this Agreement with DISTRICT funds or developed in connection with this Agreement will be and will remain the property of the DISTRICT, CITY, and COUNTY, jointly. 7. REPORTS. The COUNTY will provide the DISTRICT and CITY with copies of any and all reports, models, studies, maps or other documents resulting from the PROJECT. 8. LIABILITY. Each party hereto agrees to indemnify and hold the other harmless, to the extent allowed under Section 768.28, F.S., from all claims, loss, damage and expense, including attorney fees and costs and attorney fees and costs on appeal, arising from the negligent acts or omissions of the indemnifying party's officers, employees, contractors and agents related to its performance under this Agreement. This provision does not constitute a waiver of any party's sovereign immunity under Section 768.28, F.S. or extend any party's liability beyond the limits established in Section 768.28, F.S. 9. DEFAULT. Any party may terminate this Agreement upon the other party's failure to comply with any term or condition of this Agreement, as long as the terminating party is not in default of any term or condition of this Agreement. To initiate termination, the terminating party must provide the defaulting party with a written "Notice of Termination" stating its intent to terminate and describing all terms and conditions with which the defaulting party has failed to comply. If the defaulting party has not remedied its default within thirty (30) days after receiving the Notice of Termination, this Agreement will a utomatically term inate. 10. RELEASE OF INFORMATION. The parties agree not to initiate any oral or written media interviews or issue press releases on or about the PROJECT without providing advance notices or copies to the other party. This provision will not be construed as preventing the parties from complying with the public records disclosure laws set forth in Chapter 119, F.S. 11. DISTRICT RECOGNITION. The COUNTY will recognize DISTRICT, Basin Board, and CITY funding in any reports, models, studies, maps or other documents resulting from this Agreement, and the form of said recognition will be subject to DISTRICT and CITY approval. If construction is involved, the COUNTY will provide signage at the PROJECT site that recognizes funding for this PROJECT provided by the DISTRICT, Basin Board(s), and CITY. All signage must meet with DISTRICT and CITY written approval as to form, CGntent and location, and must be in accordance with local sign ordinances. Page 4 of 7 Item # 22 Attachment number 1 Page 5 of 10 12. PERMITS AND REAL PROPERTY RIGHTS. The COUNTY must obtain all permits, local government approvals and all real property rights necessary to complete the PROJECT prior to commencing any construction involved in the PROJECT. The DISTRICT and CITY will have no obligation to reimburse the COUNTY for any costs under this Agreement until the COUNTY has obtained such permits and rights and co nstruction has co mmenced. 13. LAW COMPLIANCE. Each party will comply with all applicable federal, state and local laws, rules, regulations and guidelines, related to performance under this Agreement. 14. COMPLIANCE WITH DISTRICT RULES & REGULATIONS. If the PROJECT involves design services, the COUNTY'S professional designers and the DISTRICT and CITY regulation and projects staff will meet regularly during the PROJECT design to discuss ways of ensuring that the final design for the proposed PROJECT technically complies with all applicable DISTRICT and CITY rules and regulations. 15. DIVERSITY IN CONTRACTING AND SUB-CONTRACTING. The DISTRICT is committed to supplier diversity in the performance of all contracts associated with DISTRICT cooperative funding projects. The DISTRICT requires the COUNTY to make good faith efforts to encourage the participation of minority- and woman-owned and small business enterprises, both as prime contractors and sub-contractors, in the performance of this Agreement, in accordance with applicable laws. 15.1 If requested, the DISTRICT will assist the COUNTY by sharing information to help the cooperator in ensuring that minority- and woman-owned and small business are afforded an opportunity to participate in the performance of this Agreement. 15.2 The COUNTY agrees to provide to the DISTRICT, upon final completion of the PROJECT, a report indicating all contractors and sub-contractors who performed work in association with the PROJECT, the amount spent with each contractor or sub-contractor, and whether each contractor or sub-contractor was a minority- or woman-owned and small business enterprise. If no minority- or woman-owned business enterprises were used in the performance of this Agreement, then the report shall so indicate. 16. ASS I G N ME NT. No party may assign any of its rights u nde r th is Agreement, i ncl udi ng any operation or maintenance duties related to the PROJECT, voluntarily or involuntarily, whether by merger, consolidation, dissolution, operation of law, or any other manner without the prior written consent of the other party. In the event of any purported assignment of rights in violation of this section, the parties agree that this Agreement shall terminate and is void. 17. SUBCONTRACTORS. Nothing in this Agreement will be construed to create, or be implied to create, any relationship between the DISTRICT or the CITY and any subcontractor of the COUNTY. 18. THIRD PARTY BENEFICIARIES. Nothing in this Agreement will be construed to benefit any person Of entity not a party to this Agreement. Page 5 of 7 Item # 22 Attachment number 1 Page 6 of 10 19. LOBBYING PROHIBITION. Pursuant to Section 216.347, F.S., the COUNTY is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. 20. PUBLIC ENTITY CRIMES. Pursuant to Subsections 287.133(2) and (3), F.S., a person or affiliate who has been placed on the convicted vendor list following a conviction for a publiC entity crime may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any publ ic entity in excess of the th reshold a mou nt provided in Section 287.017, F. S., for Category Two, for a period of 36 months following the date of being placed on the convicted vendor list. COUNTY agrees to include this provision in all subcontracts issued as a result of this Agreement. 21. DISCRIMINATION. Pursuant to Subsection 287.134(2)(a), F.S., an entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. COUNTY agrees to include this provision in all subcontracts issued as a result of this Agreement. 22. ENTIRE AGREEMENT. This Agreement and the attached exhibits listed below constitute the entire agreement between the parties and, unless otherwise provided herein, may be amended only in writing, signed by all parties to this Agreement. 23. DOCUMENTS. The following documents are attached and made a part of this Agreement. In the event of a conflict of contract terminology, priority will first be given to the language in the body of this Agreement, then to Exhibit "A." then to Exhibit "C," then to Exhibit "0," and then to Exhibit "B." Exhibit "A" Exhibit "B" Exhibit "C" Special Project Terms and Conditions Proposed Project Plan District Travel Procedure 13-5 The remainder of this page intentionally left blank. Page 6 of 7 Item # 22 Attachment number 1 Page 7 of 10 IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this Agreement on the day and year set forth next to their signatures below. SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT By: David L. Moore, Executive Director Date PINELLAS COUNTY , Chairman Date Board of County Commissioners CITY OF CLEARWATER By: Frank Hibbard, Mayor Date By: William B. Horne II, City Manager Date COOPERATIVE FUNDING AGREEMENT BETWEEN THE SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT AND PINElLAS COUNTY AND THE CITY OF CLEARWATER FOR IMPLEMENTATION OF BMPS IN THE ALLENS CREEK WATERSHED. MAGNOLIA AVENUEAND SANDRA DRIVE IMPROVEMENT AREA (L703) Page 7 of 7 DISTRICT APPROVAL LEGAL RISK MGMT CONTRACTS RM DEPT DIR DEPUTY EXEC DIR GOVERNING BOARD Item # 22 Attachment number 1 Page 8 of 10 AGREEMENT NO. 07C00000057 EXHIBIT "A" SPECIAL PROJECT TERMS AND CONDITIONS 1. CONTRACTING WITH CONTRACTOR. The COUNTY may engage the services of a contractor(s), hereinafter referred to as the "CONTRACTOR," to construct the PROJECT in accordance with the Proposed Project Plan attached as Exhibit "B." The COUNTY will be responsible for administering the contract with CONTRACTOR and will give notice to proceed to the CONTRACTOR no later than October 31, 2008. 2. APPROVAL OF CONSTRUCTION BID DOCUMENTS. The COUNTY must obtain the DISTRICT'S and the CITY'S written approval of all construction bid documents prior to being advertised or otherwise solicited. The DISTRICT and the CITY will not unreasonably withhold its approval. The DISTRICT'S and CITY'S approval of the construction bid documents does not constitute a representation or warranty that the DISTRICT or CITY has verified the architectural, engineering, mechanical, electrical, or other components of the construction documents, or that such documents are in compliance with DISTRICT and CITY rules and regulations or any other applicable rules, regulations, or laws. The DISTRICT'S and CITY'S approval will not constitute a waiver of the COUNTY'S obligation to assure that the design professional periorms according to the standards of his or her profession. The COUNTY will require the design professional to warrant that the construction documents are adequate for bidding and construction of the PROJECT. 3. DISTRICT REVIEW OF COUNTY'S SELECTION OF CONTRACTOR. The COUNTY will provide the DISTRICT and the CITY with a tabulation of CONTRACTOR bids and a recommendation to award. The COUNTY must obtain the DISTRICT'S and the CITY'S approval of the selected CONTRACTOR prior to proceeding with construction of the PROJECT and the DISTRICT and the CITY will not unreasonably withhold its approval. 4. APPROVAL OF CONTRACT. The COUNTY must obtain the DISTRICT'S and CITY'S prior written approval of all contracts entered into with its CONTRACTORS as referenced above in item number one of this exhibit. The DISTRICT and CITY will not unreasonably withhold its approval. 5. COMPLETION DATES. The COUNTY will commence construction on the PROJECT by November 30, 2008, and will complete the PROJECT by October 31, 2010. However, in the event of any national, state or local emergency which significantly affects the COUNTY'S ability to perform, such as hurricanes, tornados, floods, acts of God, acts of war, or other such catastrophes, or other man-made emergencies beyond the control of the COUNTY such as labor strikes or riots, then the COUNTY'S obtigation to complete said work within aforementioned time frames will be suspended for the period of time the condition continues to exist. This will be the COUNTY'S sole remedy for the delays set forth in this paragraph. Page 1 of 1 Item # 22 Attachment number 1 Page 9 of 10 AGREEMENT NO. 07C00000057 EXHIBIT "B" PROPOSED PROJECT PLAN Project Description The PROJECT consists of channel improvements to Aliens Creek between Magnolia Avenue and Sandra Drive. It includes two concrete check dams, and approximately 2,000 feet of bank stabilization by installing rubble riprap underlain by geotextile on both banks of the creek. Refer to Attachment 1 for the PROJECT location. Scope of Work Key tasks to be performed by the COUNTY: 1. Attend one meeting with the DISTRICT and the CITY prior to beginning the PROJECT to discuss the approach, schedule and budget; 2. Provide the DISTRICT and the CITY with the Design Report, ERP application, and construction documents for review, and approval; 3. Bid, select and hire a CONTRACTOR to complete the construction in accordance with the DISTRICT and CITY approved construction documents; 4. Provide construction engineering and inspection services during construction; 5. Monitor all phases of construction by means of survey, observations and materials testing to give reasonable assurance that the construction work will be performed in accordance with the approved construction documents set forth in the DISTRICT and CITY approved contract between the COUNTY and its CONTRACTOR; 6. Provide the DISTRICT and the CITY with one copy of a summary of the construction quality assurance data, construction record drawings a~d permit related submittals; and 7. Be responsible for any post-PROJECT reporting that may be required by the permitting agencies. Page 1 of 2 Item # 22 Attachment number 1 Page 10 of 10 Project Budget DESCRIPTION COUNTY CITY DISTRICT TOTAL Construction i $412,875 $412,875 $825,750 $1,651,500 Total: $412,875 $412,875 $825,750 $1,651,500 Project Schedule DESCRIPTION COMPLETION DATES Meeting and Pre-construction documentation August 31, 2008 Construction October 31, 2010 DISTRICT and CITY Review of as-built drawings December 1, 2010 and quality assurance test results Page 2 of 2 Item # 22 Attachment number 2 =:l --l 0... w ;;;: w ;;;: T mer ST Cf) ~ =:l f- U 0:: <( >- 0:: =:l CO 0:: w f- Z <( U RD 0:: o w ;;;: ~D DR I~ CROYDON 0:: o KENMOORE JEFFORDS ~ =:l CO 0:: w DR !z 1(3 DR CT w ;;;: CORONET DIPLOMAT ~Clearwater U~ ~ Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (72~~;~~~:::~~r2~~~6-4755 Map Gen By: SF Reviewed By: AM Map Document: (V:\GIS\Templates\new8 x 11.mxd) 11/21/2007 -- 10:45:40 AM LIMITS OF WORK Aliens Creek N W~E Date: 8/1/2008 s emS~al~:21"=600' Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve a contract for $902,074.25 to Keystone Excavators, of Oldsmar, Fl, for the construction of Alligator Creek Channel G (Fairwood Forest) Project, (03-0023-EN) which is the lowest responsible bid in accordance with plans and specifications and authorize the appropriate officials to execute same. (consent) SUMMARY: The Alligator Creek Channel G (Fairwood Forest) Drainage Improvement Project includes construction of gabion embankments and re-establishment of previously eroded soils along 1,500 linear feet of channel. Channel G is a tributary to Alligator Creek and is located east of U.S. 19 and north of Drew Street. Channel G flows north, behind the Fairwood Forest Community, into Cliff Stephens Park. There has been severe erosion along Channel G, which has caused the banks to become very steep and unstable. There are 23 properties located along the east side of the channel and two businesses' on the west side that will benefit from this project. Construction will start in September 2008 and be completed within 180 days. Resolution 07-29 was passed on November 1,2007, establishing the City's intent to reimburse certain Stormwater project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-29 Third quarter amendments will establish Capital Improvement Projects 0380-96167, Alligator Creek Channel G Drainage Improvememnts with a transfer of budget only of 2009 Stormwater Bond Revenue Proceeds from 0380-96154, Alligator Creek Drainage Improvements in the amount of $541,037.12 and 0315-96167, Alligator Creek Channel G Drainage Improvememnts with a transfer of $451,037.12 of budget only in SWFWMD grant funding, approved by Council 9/18/03 for Alligator Creek Drainage Improvements, from 0315-96154, Alligator Creek Drainage Improvements, to fund the contract as well as any unanticpated costs and miscellaneous items related to the project. Type: Current Year Budget?: Budget Adjustment Comments: See Summary Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure No Budget Adjustment: Yes $902,074.25 $902,074.25 2007 to 2008 Annual Operating Cost: Total Cost: $902,074.25 Appropriation Code 0380-96167-563700-539-000- 0000 0315-96167-563700-539-000- 0000 Amount $451,037.13 Appropriation Comment $451,037.12 Cover Memo Item # 23 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: None Cover Memo Item # 23 Attachment number 1 Page 1 of 1 Scope of Work: The Work included in this contract includes construction of gabion embankments and re- establishment of previously eroded soils, including clearing and grubbing, general demolition, erosion and sediment control, bypass pumping and maintenance of existing stormwater flows. Gabion baskets are fabricated from corrosion resistant steel wire mesh assembled into rectangular cells of varying size. Gabions are assembled on the job site, set into place and filled with stone to form a monolithic, flexible structure which provides low cost, long-term erosion control and soil stabilization. The high permeability of gabion systems eliminates buildup of hydrostatic pressure which will displace and crack concrete structures. Because of their flexibility, gabion structures can yield to earth movement and retain their full efficiency while remaining structurally sound. They are quite unlike rigid or semi- rigid structures, which may suffer complete failure when even slight changes occur in their foundation. Highly permeable, the gabion structures act as self draining units which "bleed" off ground waters, relieving hydrostatic heads. Interstitial spaces between the stones dissipate the energy from flood, current, and wave action; so, the entire structure is, therefore, a self-draining unit needed no additional drainage. Gabion efficiency, rather than decreasing with age, actually increases. During early periods of use, silt and vegetation will collect within the rock filling for form a naturally permanent structure, enhancing the environment. In addition, gabions are virtually maintenance free. Item # 23 Attachment number 2 w ~I CANDLEWOOD 81 ~ DOVEWOOD I u <( w ((} APPLEWOOD ~ RK TRAIL EDENWOOD I~ ~ ST <( HOMEWO 18 w ST S 0 ~ 0:: 0 ~ ~ z <( 0:: C9 o o o S w o <( ""') /-- (J) /0 IQiI /~! / j Q:!..J ,------ C[) (j) :J DR ~Clearwater u~ ~ Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Limits of work Alligator Creek Channel G N W~E Map Gen By: SF Reviewed By: AM Date: 8/1/2008 s ems~al~:31"=600' ....................... ~~ ~ ~ ~ 00 ~ ....................... ~~~ ~~~ ~!g ~~~ ~ ~ oz~ ~~ ~~ o~ ~~ ~ ~ ~ z ~ i=ui6 ~~~ ~~~ h~ ~ ~ ~ ~~ w~ ~~u! 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N ~Ig ~I~ Attachment number 3 Page 1 of 1 ~ ~ ~I~ ~ ~ ~I~ , ~ ~ ; ; ;1; ~ ~. ~I~ ~ ~i ~i~ ~ 0 ~ - ~I; sl~ ~ ~ ~!~ ~ ~ ;1; ~ ~!;;; ~ U Ii ~ ;;;i ~I;;; o 0 g ~ 00 00 Ii ~ i ~I~ ~ ~. ~,c; ~ ,~,;;; P e' ~. ~. ;1; ~ ~ ~I~ ~ ,~ ~II ~!;;; '" N ;;' '" W I- ..: :;; ~ ~ u: ;;' 2 o F is o ..: lJ) :;; W ~ c iii ~ >' l2 Item # 23 '" N Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve a Construction Contract in the amount of $630,165.25 for Pump Station 19 Replacement (06-001O-UT), to Clark Hunt Construction, Inc. of Clearwater, FL, which is the lowest responsible bid received in accordance with the plans and specifications and authorize the appropriate officials to execute same. (consent) SUMMARY: SUMMARY: Based on engineering analysis and evaluations of the City's sanitary sewer system, it was determined that Pump Station 19 warrants a high priority upgrade as part of the overall rehabilitation of the City's sanitary sewer collection system. This construction contract includes the reconstruction of Pump Station 19 replacing the existing structures and equipment which have deteriorated due to age and wear. Ten competitive bids were received of which four were very close to each other as the lowest. The existing Pump Station 19 is located under the west bound lane of Jeffords Street at San Remo Avenue. Pump Station 19 will be reconstructed, moving the wet well out of the roadway and into the median of Jeffords Street. The project also includes new pumps, piping, electrical and telemetry. As part of this contract the existing station, located under the travel lanes, will be properly abandoned and the roadway restored. Tampa Bay Engineering, Inc. will provide limited post engineering design services during construction as part of their previously Council approved design services contract. Work will commence upon award and execution of the contract and will be completed within 180 days. Resolution 07-28 was passed on November 1, 2007, supplementing Resolution 06-53 establishing the City's intent to reimburse certain Water & Sewer Utility project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-28. Sufficient budget for interim financing or funding with 2009 Water and Sewer Revenue Bond proceeds when issued in project 0376-96686 Pump Station Rehabilitation in the amount of $400,000.00 and budget and revenue is available in project 0315-96686, Pump Station Rehabilitation for the balance of $230,165.25 to fund this contract. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Cover Memo Budget Adjustment Comments: Item # 24 Current Year Cost: $630,165.25 Annual Operating Cost: Not to Exceed: For Fiscal Year: $630,165.25 2007 to 2008 Total Cost: $630,165.25 Appropriation Code Amount 0376-96686-563800-535-000- $400,000.00 0000 0315-96686-563800-535-000- $230,165.25 0000 Appropriation Comment Bid Required?: Other Bid / Contract: Yes Review Approval: 1) Clerk Bid Number: Bid Exceptions: None Cover Memo Item # 24 Attachment number 1 SAN JUAN ICT~ I I COURT ST SR-651 GULF-TO-BAY BLVD SR- wi I I w ~ ~ ROGERS ST w J I~ I I~ w w ~ 0::: ~ ~ 0 <-) z CJ) TURNER ST w w ~I I ~I I~I 0 0 z 0 S 0 S W I- W I :> I- C) > PINE 0::: ST z CJ) z w >- w I I~I --l ~ w ~ C) CJ) 0::: <-) w >- RD I w D w I~ ~ w 0::: ~ WAY 0::: 0 JASMINE WAY 0 z L!) w CXl W J" m;," ~ W W C"l W ~ ~ MAGNOLIA DR cr ~ 0::: 0::: ~ <-) 0::: C) w <( 0::: I- ~ W CJ) I- MAGNOLIA 0 0 > w CJ) ~ S z LOTUS PATH w I 51 I~ <( <-) w w 0::: :> --l I ~ C) W --l > Z ~ ::::! LOTUS PATH W <( <( I BUDLEIGH ST <( I Z CJ) 0 --l W > 0::: :J JEFFORDS z ST JEFFORDS ST w 1 ffi I 1 BARRY 0::: ST BARRY BARRY RD :51 I ~I I --l --l TUSCOLA ST I 1 1 wi I s w I- :> CJ) MILTON > ST w w z ~I 1:1 0::: z <( I 0::: 0::: CJ) 0 PROJECT LL ((} 0 BROWNING I~I SITE CR-488 LAKEVI EW w ~ NORMANDY PARK DR ~Clearwater U~ Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 /2008 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: SF Reviewed By: TR Date: 8/1 www.MyClearwater.com Map Document: (V:\GIS\Templates\new8 x 11.mxd) 11/21/2007 -- 10:45:40 AM PUMP STATION 19 N W~E s emS~al~41"=600' z : gi a gi ~ ; 0 a ~ ~ 00 ~ - 00 , -i - - - - - - - ~ gi ~ : a ~ -: - - - gi ~ ~ ; - - t; ~ N a a ~ , -, - - - - - - - 0 gl ~ ~ - u -: - - - 0 gi ; ~ ~. ~. ~. ~ ~ - a N ~ ~ :;; -: - - a , - - - gi ; ~ = ~ - - - - ~ ~. ~ ::; " N ~ a a ~ -, - - - - - - - gi g g ~ ~ ~ -: - - - gi ; ~ ~ ; ~ ; 00 ~ ~ ~ ~ : ~ -: - - - gi ! ; ~ ~ - - - - ; ; 00 a : ; ~ ~ 00 5 B N - - - - - - - - ~ ~ ~ g g 0 ~ ~ ~ ~ 0 - - - - - ! s : ! :" ;C ~ i N a a a - - - - - - - - g ! ~ ~ ; - - - - ; ! a ; ~ a ~ - ~ ~ a - - - - - - - g ; g ~ ~ 1 -, - - - - gl : ~ ~ ~. ~ ~ N N - i is; ~ -: - - ;~ - - gi ! ~ -: - - gi g g ; ; ~ g ~ g a -: - - - - - - - gi ! ~ - N -, - - - - '" '" '" '" .. .. .. 01 01 '" 2: ,. ,. ,. ., ., ., ., ., ., ., ., 0 U U U f-< , 5 - - - - 0 ~ ::: ~ - - ~ 0 0 0 ~ '"' 0 ~ ~ ~ (J s Iii "' '0 ~ '0 :; ~ :; "' ~ " " ~ is b Co Co ~ ~ ., 0 0: 0: ~ u 00 ~ ~ ~ Co ~ 8 s 0 ~ $ f-< ~ = ! i1: .r; ~ 0 " .. 0 0 " " :E .~ .~ " = ~ .s '" 0 ~ 15 15 "0 .~ i .. '0 ill ~ 5 = "' .. ~ ~ :!1 :; is '0 "S. eo 'ii 0 " :; ~ 0: 0: OJ is ~ '" '" '" = " . '" E = u .. .. .. .. '" ~ .s .s .s .s ef'O ii: ! :E ~ " s eo ~ ill '" ::: ::: ~ 0 ~ ~ "- '" ~ i Mi o::t It'Ii lD ~ ~ Oli ;: ~ ~ nl~l$ i' Attachment number 2 Page 1 of 1 Item # 24 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve a work order to Malcolm Pirnie, City of Clearwater Engineer of Record (EOR), to provide engineering design and permitting services for the Spring Branch Conveyance Enhancements Project for the lump sum of $202,052.30 and authorize the appropriate officials to execute same. (consent) SUMMARY: The existing channel in this area has very high, steep and unstable side banks that are exhibiting extensive erosion. This project will re-slope the channel banks to a 4: 1 (horizontal to vertical) side slope. The project will also include the construction of a wet detention pond on 3.46 acres of City owned property. The pond will provide a significant opportunity for wetland habitat creation and water quality treatment for the Spring Branch stormwater runoff before it discharges to the Stevenson Creek Estuary. The design for this project will be cooperatively funded by Southwest Florida Water Management District (SWFWMD) and the City on 50/50 split. The construction of this project will be cooperatively funded bySWFWMD at an approximate 50/50 split. Resolution 07-29 was passed on November 1, 2007, establishing the City's intent to reimburse certain Stormwater project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-29 Third quarter amendments will establish Capital Improvement Projects, 0380-96166, Spring Branch Enhance Project, with a transfer of budget only of 2009 Stormwater Bond Revenue Proceeds from 0380-96144, Stevenson Creek Implementation Projects, in the amount of $1,000,000 and 0315-96166, Spring Branch Enhancement Project with a transfer of $1,000,000 only of budget only in SWFWMD grant funding from 0315-96144, Stevenson Creek Implementation Projects to fund the project and this work order. Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: Yes Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: $202,052.30 $202,052.30 2007 to 2008 Annual Operating Cost: Total Cost: o $202,052.30 Appropriation Code 0315-96166-561200-539-000- 0000 Amount 202,052.30 Appropriation Comment Cover Memo Review Approval: 1) Clerk Item # 25 Clearwater ~ CITY OF CLEARWATER WORK ORDER INITIATION APPROVAL CHECKLIST Attachment number 1 Page 1 of 14 Name Title "Initials" Date Reviewed Gary A. Johnson Public Services Director Nan Bennett Asst. Director of Public Utilities Scott Rice Asst. Director of Env./Stormwater Elliot Shoberg Stormwater Manager Larry Dowd Parks & Recreation Glen L. Bahnick, Jr. Asst. Director of Eng./Production Paul Bertels Traffic Operations Manager Robert Fahey Utilities Engineering Mana er Tom Mahony Geographic Technology Mana er Stephanie Senior Accountant Sansom Phuong V 0 Proj ect Manager Item # 25 Attachment number 1 Page 2 of 14 MALCOLM PIRNIE CITY OF CLEARWATER ENGINEERING DEPARTMENT CONSUL TANT WORK ORDER INITIATION FORM Date: July 14,2008 Proj ect Number: City Project Number: 02-0032-EN 1. PROJECT TITLE: Spring Branch Conveyance Enhancements 2. SCOPE OF SERVICES: Back2round The City wishes to construct drainage improvements necessary to implement portions of Project IA and Project IC of the "Spring Branch Watershed Conveyance Enhancements" as described in Section 3.1.1 of the Stevenson's Creek Watershed Management Plan - Draft Final Report (prepared by Parsons Engineering Science, Inc., dated June 2001). These enhancements have been identified to address flood protection level of service goals in the area of Byram Drive and Flora Drive, between Kings Highway and Highland Avenue. The proj ect' s work area is generally bounded by Sunset Point Road on the south, Kings Highway on the east, Pinellas County's mitigation area (and City Limits) on the west and Woodlawn Trace on the north. Pro i ect IA.I Project lA.l enhancements include the widening of the Spring Branch channel beginning at Kings Highway (starting at west side of box culvert) and extending downstream approximately 700 linear feet, ending near the northwest corner of the Sunset Baptist Church parcel (Lot 20). The existing channel in this area has very high, steep and unstable side banks that are exhibiting extensive erosion. This project will re-slope the channel banks to a 4: 1 (horizontal to vertical) side slope. The channel's bottom width (approximately 20') and flow-line elevations will remain basically the same as existing with the exception that low, sloping walls constructed of gabion baskets filled with stone will be added on each side to reduce erosion at the lower portion of the banks. A gabion mat will be required across the channel bottom to protect against scour and provide a foundation for the low gabion walls. These enhancements will provide more stable side banks and additional cross-sectional channel area for conveyance of stormwater flows. The report also recommends the planting of trees and native vegetation within the channel's side slopes. Item # 25 Attachment number 1 Page 3 of 14 no effort is included in this scope for the selection and design of plantings along the channel. The Stevenson's Creek Watershed Management Plan also proposes a level, 12' wide "maintenance travel way" (berm) along one side bank of the channel that would be dry most of the time but wet during major flood events. To accommodate the widened channel cross-section, an additional permanent easement of approximately 50 feet in width will be required abutting and paralleling the existing 50-foot channel easement. The City will be responsible for acquiring all necessary temporary and permanent easements It should be noted that per the Stevenson's Creek Watershed Management Plan, a part of Project lA.l proposes the removal of a private driveway crossing (and 92" x 152" CMP) of the Spring Branch channel within unincorporated Pinellas County. This restrictive driveway is approximately 900' downstream of the proposed channel enhancements outlined above, near Sunset Point Road. City staff has relayed that this part of the Project lA.l recommendations will not be performed at this time and is not to be included in this proposed work. Likewise, the upstream Project lA.2 recommendations that propose swale and storm pipe improvements east of Highland Avenue, are not a part of this proposal. Since the construction of Project lA.l will increase discharge rates to downstream areas, mitigation will be required to offset potential downstream flooding impacts. This will be provided by Project lC as described below. Proiect Ie The City has chosen to construct a variation of Project lC as described in the Stevenson's Creek Watershed Management Plan to mitigate the potential downstream flooding impacts that will be created by the construction of Project lA.l (described above). The report recommends that a flood detention basin be constructed on a 4-acre parcel adjacent to Sunset Point Baptist Church (west side) and also on an 8 tolO-acre parcel located on the south side of Sunset Point Road, belonging to Pinellas County Schools. Also, proposed by the report, is the installation of two weirs along Spring Branch. The first, a diversion weir would be constructed within the channel on the downstream side of Project lA.l to divert a portion of the channel flow into the proposed detention basin. The second, a discharge control weir would also be constructed within the channel, just upstream of Betty Lane. The City has acquired 3.46-acres of the 4-acre parcel ofland on the west side of Sunset Point Baptist Church, however the Pinellas County School property on the south side of Sunset Point Road is not available. Therefore, the proposed flood detention basin will need to be confined to the 3.46-acre City-owned parcel. Also, the installation of the discharge control weir at Betty Lane will not be included in this project as it is outside the Clearwater City Limits. As proposed, a diversion weir will be constructed in the channel near the northwest corner of the 3.46-acre parcel. The flood detention basin will also be designed to include a littoral shelf and wetland plantings as required to provide water quality treatment to meet SWFWMD requirements. This proposed flood detention basin will not be combined Item # 25 Attachment number 1 Page 4 of 14 with, or connected to the existing Pinellas County mitigation area which abuts the 3.46-acre parcel along its west side. The channel enhancements and flood detention basin will need to be designed as to not increase downstream flow and to not increase upstream tailwater elevations above existing conditions. It should be noted that the flood protection level of service (FPLOS) achieved in the report will not necessarily be achievable by this project as only a portion of the proposed recommendations will actually be constructed. Malcolm Pirnie Inc. ("Malcolm Pirnie") and our team of sub consultants will provide the following as part of this project: 1. Project Management: Malcolm Pirnie will provide the following services in the overall management of the proj ect: a. Project Management: Malcolm Pirnie will oversee and manage the overall design of the project, providing QA/QC, and assuring compliance with the consulting services fee and schedule included herein. b. Monthly invoicing: Malcolm Pirnie will prepare monthly invoices, including invoices from sub consultants, and submit these to the City for payment. It is intended that all invoicing will be made on a lump sum basis. c. Sub consultant Management: Malcolm Pirnie will subcontract for and coordinate the services of specialty design and other sub consultant teams necessary in the completion of this project: These include: i. Steven Jones: For the completion of the stormwater modeling, Spring Branch Channel and flood detention basin design and permitting for Proj ects lA.l and 1 C, respectively. 11. Scheda Environmental: To provide environmental permitting assistance, complete the wetland delineation along Spring Branch Channel and design the plantings required under Project lC. 111. Professional Service Industries, Inc. (PSI) Geotech: To collect the necessary soils information for the work of the project. IV. Zarra Boyd, Inc. Survey: Malcolm Pirnie will subcontract and coordinate the services of a professional surveying firm to complete the wetlands for the proj ect. v. Non-specified firm for Subsurface Utility Excavation: To provide necessary exploration for the location and identification of underground utilities in the area of the work. 2. Data Collection/ Review: Malcolm Pirnie will secure and review City of Clearwater atlas sheets, aerial photos and available as-built information, where applicable. Topographic aerial photos (with contours) from the Southwest Florida Water Management District will be obtained and reviewed. Malcolm Pirnie will also obtain base maps and available as-built information from Progress Energy (transmission and distribution), Telephone Company, Gas and Cable TV delineating their respective facilities. 1. Malcolm Pirnie will develop and prepare a drainage map/exhibit of the existing drainage system and the proposed improvements to be used in pre-application meetings with the regulatory agencies. Item # 25 Attachment number 1 Page 5 of 14 11. The City of Clearwater will provide Malcolm Pirnie with a full topographic survey of the project area in digital format (AutoCad). Malcolm Pirnie will work with the City's survey department to develop a survey scope and identify all topographic information required before survey work proceeds. This survey is critical and the schedule shown at the back of this Work Order includes the preparation of a 30% design submittal the calendar time for which will not begin until Malcolm Pirnie is in receipt of this survey from the City. 111. Malcolm Pirnie will identify easement requirements needed to accommodate the drainage improvements and coordinate this information with the City. The acquisition of all easements (temporary and permanent) will be the responsibility of the City. 3. Sub-Consultant Design Oversight (Geotechnical, Environmental & Wetland Survey) Geotechni cal: Malcolm Pirnie will contract with a local certified geotechnical engineering firm for the performance of subsurface investigations and analysis. The soils investigation and analysis shall consist of soil borings in the channel, channel side banks and proposed pond area. A soil classification will be performed for each boring. Additional laboratory work may include a grain-size analysis, natural moisture content, organic content and soil bearing value. The groundwater at the time of the boring will be recorded. The estimated seasonal high groundwater table will be also provided for each boring location. Design recommendations will be provided regarding construction techniques and dewatering requirements. An evaluation of slope stability along the channel will be provided. Soil borings to be provided as follows: 1. Three (3) SPT borings on alternating sides of the 700' channel to 30' deep. 2. One (1) SPT boring at NE end of project near Kings Highway to 40' deep. 3. One (1) SPT boring at near proposed weir at 50' deep. 4. Two (2) SPT borings in proposed pond area. The results of the field exploration and laboratory tests will be used in the engineering analysis and in the formulation of the recommendations. These results and recommendations shall be presented in a written report prepared by a professional engineer. One (1) copy of this report will be provided to the City of CI earwater. Utility Location: If needed, Malcolm Pirnie will contract with a local subsurface utility engineering firm to perform utility locations by vacuum excavation method. City will provide Item # 25 Attachment number 1 Page 6 of 14 survey to tie-in vacuum locates if necessary. Copies of field data logs will be provided to City Environmental Assessment: Malcolm Pirnie will contract with a local environmental consulting firm for the performance of an assessment of the wetland area along the existing Spring Branch channel. The environmental firm will provide coordination, document existing conditions and inventory vegetative cover in order to prepare a pre- application package. Pre-application meetings will be scheduled and attended with the Southwest Florida Water Management District (SWFWMD) and the USACOE (if required). The environmental consulting firm will also provide the preparation of planting plans for the stormwater detention pond. The wetland jurisdictional line will be delineated and flagged in accordance with SWFWMD guidelines. The environmental firm will then contact SWFWMD to review the delineated jurisdictional wetland limits in the field and will attend these field reviews. Final coordination and review of the established surveyed wetland line will performed. The Specific Purpose Wetland Survey will be submitted to SWFWMD for approval and acceptance. Recommendations will be provided regarding environmental considerations for permitting of the proposed project. The environmental firm will provide assistance to Malcolm Pirnie as required throughout the permitting process. Limited site inspection services will be performed for the purpose of interpreting environmental permit requirements and compliance during construction. Wetland Survey: Malcolm Pirnie will contract with a local professional land survey firm for the preparation of a Specific Purpose Wetland Survey suitable for submission to the SWFWMD. The surveyor will locate and map the wetland jurisdictional line as flagged in the field by Malcolm Pirnie's environmental sub-consultant and as approved by a SWFWMD representative. The surveyor will utilize applicable information contained in the City of Clearwater's topographic survey as a basis and will provide the wetland survey in a digital format (AutoCad). A legal description and a bearing / distance table of the wetland area will be delineated on the survey map. 4. Base Sheet Preparation: Malcolm Pirnie will prepare base sheets to be utilized for the proposed construction. The documents will be prepared at a 1 "= 20' scale and will be provided to the City of Clearwater in a digital format using AutoCAD. These base sheets will serve as the basis for the development of the plan and profile sheets. 5. Preliminary (30%) Stormwater System Design: Malcolm Pirnie will prepare Preliminary (30%) design documents for City review. The intent of these plans shall be to present the survey and existing channel configuration. These plans will represent the basis for which hydraulic modeling will be performed. This submittal Item # 25 Attachment number 1 Page 7 of 14 will include twelve (12) blackline plan sets. Utilizing the City's AdICPR "existing conditions" hydraulic model and the Stevenson's Creek Watershed Management Plan as a basis, Malcolm Pirnie will conduct a hydraulic analysis to evaluate the report's proposed recommended improvements for the channel and detention pond. It is assumed that the City's existing hydraulic basin model is complete for use "as-is" and that no "truthing" or revisions to the "existing conditions" will be required. A letter-format preliminary design report will be prepared to outline the results of the hydraulic analysis, the proposed system design Review commentary received from the City of Clearwater will be incorporated into the subsequent submittals. Updated drainage maps will be produced to include any modifications and updated basins. Malcolm Pirnie will schedule a field meeting with the City's Construction Services Department, Survey Department and Engineering's Proj ect Manager. The 30% Design Plan submittal will include the following information, as applicable: . Cover Sheet, Legend & Abbreviations, Key Sheet, Plan Sheets . Items requiring demolition (if known at this time) . Right-of-way lines, Drainage Easements and the open channel section within the easement . Property lines, Easements of Record, Subdivision Name, Lot and Block Numbers and Parcel ID numbers, Plat Book & Page, Subdivision; . Existing roadway or travel ways (where applicable) labeled as to existing curb and surface type including profile of existing centerline; . Existing drainage system including channel alignment, inlets, junction boxes and storm pi ping; . Existing potable water mains and sizes, hydrants, valves and meters; . Existing sanitary sewer manholes and gravity lines including service laterals, lift stations and force mains, reclaimed water mains; . Existing gas mains and sizes, valves and services (where known); . Existing electrical power distribution and transmission systems, both underground and aerial (only poles will be shown for aerial lines); . Existing telephone company lines, both underground and aerial (only poles will be shown for aerial lines); . Existing Cable TV lines, both underground and aerial (only poles will be shown for aerial lines); . Existing trees, shrubs, landscaping within the survey limits; . Existing improvements belonging to private property owners and located within the survey limits such as fences, sprinkler systems, planters, mail boxes, business signs, structures, slabs, etc.; . Existing driveways including their location, width, type of material and spot elevations; . Existing elevation cross-sections (at a spacing interval of 25-feet) along survey alignment; Item # 25 Attachment number 1 Page 8 of 14 . Existing elevations at the edge of pavement, top of curb, top bank, toe of slope and centerline of channel. 6. Intermediate (60%) Design: Based upon the base sheet information, results of the hydraulic analysis and 30% review commentary from the City, Malcolm Pirnie will prepare 60% design documents. This plan submittal representing the 60% level of completion will be submitted to the City staff for review and comment. The submittal will include twelve (12) blackline plan sets. The documents will be prepared at a 1 "= 20' scale and will be provided to the City of Clearwater in a digital format using AutoCAD. The 60% submittal will also include four (4) copies of the draft technical specifications and an opinion of probable cost for the proposed improvements. The design plans shall be compiled using the City of Clearwater's CAD standards (See Attachment "B"). The 60% Design Plan submittal will include the following information, as applicable: . General construction notes related to best management practices, utilities and other conditions relevant to the project. . Typical channel cross-section and detailed cross-sections along channel taken at appropriate intervals. . Preliminary plan of detention pond with plantings. . Utility adjustment plan (if required). . Erosion control and tree protection details. . Estimate of probable construction cost and duration based on 60% - level submittal. . . Review City's standard technical specifications and modify / supplement based on 60%-level submittal. Final (90% & 100%) Design: Utilizing 60% review commentary, Malcolm Pirnie will prepare final design documents that shall include the final construction plans, detailed quantity estimates, detailed cost estimates and technical specifications. Malcolm Pirnie will submit subsequent plan sets at the 90% and the Final (100%) levels of completion. The submittals will include twelve (12) blackline plan sets. The 90% and 100% submittals will also include four (4) copies of the technical specifications and an opinion of probable cost for the proposed improvements, detailed construction quantities. Review commentary received from the City of Clearwater will be incorporated into all submittals. A preliminary list of final design sheets is as follows: . Cover Sheet . Drainage Map (including existing and proposed drainage features) . General Notes and Legend Sheet . Plan and Profile Sheets . Cross Section Sheets . Detention Pond Plans Item # 25 Attachment number 1 Page 9 of 14 . Utility relocation / adjustments (as necessary) . Drainage Detail Sheets . Construction Detail Sheets The 90% and 100% design documents shall also include the following components, as applicable: 1. Design of drainage system improvements, including proposed channel sections, pond, plantings, weirs, drainage structures & pipes, and potential conflicts with existing utilities; 2. Structural plans, details and calculations, including design and details of shallow foundations, retaining walls, structural reinforcing, tiebacks and stability analysis for slopes and retaining walls; 3. Detailed construction quantities; 4. Engineer's opinion of probable construction cost and duration; 5. A drainage map, at a scale of 1"=100' or other appropriate scale; 6. Right-of-way or easement requirements will be delineated; 7. Conflicts resolutions for existing and/or proposed utilities; 8. Match lines and sheet number references at all continuation points; 9. Restoration details & notes 10. Conflict structures, identified and called out. 11. Baselines and benchmarks; 12. Construction detail sheets with construction notes; 13. Cover sheet and General Notes & Legend sheet; 14. Standard and non-standard structures identified and detailed; 15. Title block information; 16. Erosion control plan with notes; 17. Trees to be removed; Malcolm Pirnie shall also include the following for the Final (100%) submittal: 1. Review commentary received from the City of Clearwater, the Southwest Florida Water Management District. 2. Malcolm Pirnie shall incorporate the City's "front-end" documents. A proposal page of pay items shall be prepared. 3. Copies of all permits and a copy of the project's geotechnical report. 4. The preparation of the technical specifications does not include their reproduction for bidding and construction purposes. 5. Work prepared and/or submitted shall be reviewed and checked by a civil engineer registered in Florida as the Engineer of Record. The Engineer of Record shall sign, seal and date the design calculations, technical specifications and contract drawings as required by Florida law. 6. The design tasks performed by Malcolm Pirnie during the final design phase shall include design of necessary conflict resolutions between the proposed drainage system and all existing utilities. 7. The drawing scales shall be as follows: Item # 25 Attachment number 1 Page 10 of 14 . Plan and Profile Sheets: 1 inch = 20 feet (horizontal) 1 inch = 2 feet (vertical) . Drainage Map 1 inch = 100 feet . Detention Basin Plan 1 inch = 20 feet 7. Meetings: Malcolm Pirnie will attend the following meetings during this project: 1. One (1) kickoff meeting at the City's Engineering office 2. Four (4) meetings with City staff to discuss the commentary received for each of the submittals (30%,60%,90% and 100%) 3. One (1) Public Information meeting. 8. Regulatory review commentary received from each agency will be addressed and all permit conditions will be incorporated into the Final plans. fees have been included in this Scope for 9. Post-Design Services: Malcolm Pirnie will assist the City in performing the following tasks: 1. Attend one (1) pre-bid meeting. 2. Answer technical questions during the bid period and shall prepare and submit a log of any comments and questions received from bidders 3. Assist the CITY in preparing addenda, if necessary, for distribution by the City. 4. Attend one (1) Pre-Construction Meeting 5. Review shop drawings submitted by the selected contractor to ensure compliance with the Engineer's design. 6. Address re-submittals 7. Periodic site visits, 28 hours total included (no construction inspection services are included) 8. Address questions during the Construction phase 9. Assist in the preparation of the Final Punch list 10. 3. PROJECT GOALS: Project Deliverables: The deliverables to be submitted to the City of Clearwater for the Design portion of the Work consist of the following: . One (1) copy of each set of minutes of meetings with City staff, utility companies and regulatory agencies, as necessary; Item # 25 Attachment number 1 Page 11 of 14 . One (1) copy of each of the transmi ttall etters to and response I etters from the private utility companies; . One (1) copy ofa letter-format preliminary design report; . Twelve (12) sets of black line plans at the 30%,60%,90% and 100% submittal; . Four (4) copies of the technical specifications at the 60%,90% and 100% submittal; . One (1) copy of the Engineer's opinion of probable cost and detailed construction quantities at the 60%,90% and 100% submittal; . Two (2) signed and sealed sets of black line plans at the 100% submittal; . One (1) copy of the Permit package for SWFWMD and USACOE (if applicable); . One (1) certified copy of the Geotechnical Report and of the environmental investigation report; . All CADD files and technical specs in electronic format per attachment "B"; . 4. BUDGET: Attachment A depicts the total cost per task and/or phase for these engineering services. This price includes all labor and expenses anticipated by Malcolm Pirnie for the completion of these tasks, on a lump sum basis, for a fee of Permit application 5. SCHEDULE: The project design schedule shall require 8.5 months (255 calendar days) of design and permitting time. This schedule is outlined below by each submittal phase and does not include City review time. 30% construction plans 60% construction plans and permit applications 90% construction plans 100% construction plans Final construction documents 75 calendar days 45 calendar days 45 calendar days 45 calendar days 45 calendar days after the receipt of permits 6. STAFF ASSIGNMENT Consultant (Malcolm Pirnie): Carlton S. Serrette, P.E. Sam Hobi, P.E. Subconsultants: Thomas Murphy, P.E. Steven Jones Proj ect Manager Project Engineer (Structural) Proj ect Engineer Asst. Proj ect Manager / Designer Item # 25 Attachment number 1 Page 12 of 14 7. CORRESPONDENCEIREPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to Carlton Serrette, P.E. All City proj ect correspondence shall be directed to Phuong V 0 with copies to others as may be appropriate. 8. INVOICINGIFUNDING PROCEDURES: Invoices shall be submitted monthly to the City of Clearwater, Attention: P. O. Box 4748, Clearwater, Florida 33758-4748, for work performed. Invoices will be prepared monthly according to Billing Method B, Lump Sum and be billed as a percent complete of each task. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those servIces. City Invoicing Code: 9. ENGINEER CERTIFICATION: Malcolm Pirnie will certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471 (481), that the above project's construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards. We understand that it is our responsibility as the proj ect' s Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. PREPARED BY: APPROVED BY: Edward R. Balchon, P.E. Vi ce Presi dent Malcolm Pirnie, Inc Michael D. Quillen, P.E. City Engineer City of Clearwater Date Date Item # 25 Attachment number 1 Page 13 of 14 ATTACHMENT A CITY OF CLEARWATER Sorim!: Branch Conveyance Enhancements PROJECT BUDGET Subconsultant Task Description Services Labor Total 1.0 Pre-Design 1.1 Pmiert ' $8,799 1.2 noto r," I R(~vil'W $1,340 1.3 Tnitio] Fip]d ~ $1,066 lA wnn Utlllty Owners I Utlllty $595 1.5 " , ,L I ExhIbIt $950 r'nenone 1.6 ~ , & Attend SWFWMD FIeld VIsIt $787 1.7 SWFWMD Tk l\itpptina $787 \:11'1"11 nn 2.0 Design / Sub-consultants 2,1 ServIces " " .' '1;1 $I "in 2.2 n , , $7,043 2,3 QUI vcy , Survey !i!, A,. r?"ili ~ $8,400 um "'Y" I 2,4 UtIlity T A0Qt;Am~ by Vacuum $2,500 2,5 . wi"" $6,032 2,6 " R, n,~,,; nn $12,852 K"~111 2,7 ~ $4,433 2,8 Structural Design (Weir~ (i.ohi"nQ Sheet Piling) $19,036 1:"7Q hill nn 3.0 Final Design Plans and Specitications 3,1 30% ]Jesign I Prep. i $21,500 3.2 60% IJeslgn I Prep ! , , $15,400 3,3 90% l'II'rlon ! Prep. ! , $13,500 3A ] 00%, & FInal IJesign / Prep $5,799 \:I:;h 100 nn 4.0 Permitting Services 4,1 SWFWMD m R P . etIort $4,800 4.2 USACOE .+T~ $2,540 4,3 NPIJIS IN n 1 . errort $514 4,4 SWFWMD Permit RevIew Fee $2,500 4,5 SWFWMD Formal Wetland Fee $750 4,6 NPIJI:S (NOP) Penmt lee $400 +;;11 ::aunn 5.0 Construction Phase Services 5,1 Bid Prep, Addenda, Pre-bid & Pre-con ,RFI's $6,281 5.2 Shop mnvino Rpvi,ew & Address $5,646 5,3 PeriodIc Site VIsits I Final Punch list $7,429 5A A "I?, ,Ill ,;;:, ,nN'V ,.' $764 \:,n l,n nn Subtotal, Labor and Subcontractors $] 9n 7en nn Insert 3 1 9 Chant n. 11 m spec (ilreq'd.) $345 Other Direct Costs (prints, photocopies, postage, etc) $3,200 Item # 25 Attachment number 1 Page 14 of 14 u. o ~ u PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM Attachment "B" CITY DELIVERABLES FORMAT The design or survey plans shall be compiled utilizing one of the following two methods. 1. City of Clearwater CAD standards. 2. Pinellas County CAD standards 3. Datum: Horizontal and Vertical datum shall be referenced to North American Vertical Datum of 1988 (vertical) and North American Datum of 1983/90 (horizontal). The unit of measurement shall be the United States Foot. Any deviation from this datum will not be accepted unless reviewed by City of Clearwater Engineering/Geographic Technology Division. An AutoCAD LandDesktop 3.0 or later drawing file with all dependent files shall be submitted. NOTE: If approved deviation from Clearwater or Pinellas County CAD standards are used the consultant shall include all necessary information to aid in manipulating the drawings including either PCP, CTB file or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included. Please address any questions regarding format to Mr. Tom Mahony, at (727)562-4762 or email address All electronic files must be delivered upon completion of proj ect or with 100% plan submittal to City of Clearwater. Item # 25 Attachment number 2 o 0::: W =:l Z W ;;;: o 0::: ~ S I (9 I w Z 0... --l <( =:l <( W ~ --l 0... Bowmore -------!!-~ ;,~::::Jt,~ RD w ~ i= (9 z cr 0... (f) SEDEEVA DR c=J ~;-(~~"^ S RD <( (f) <( 0::: 0 0::: <( --l 0 '!J en 0::: --l (9 0::: <( LL. Z <( 0 S2 en WILSON RD1 I SUNSET Talisker BY f? -<11if o z <( --l I (9 I ERIN SPRING LA J 1<( ~ THAMES LA 0::: 0 ~I I~ JOEL LA L{) <0 C"l r:r 0 OTTEN HEAVEN SENT LA Detention Basin Approx. 3.5 Acres ~Clearwater N Spri n9 Branch Conveyance Enhancement W~E u~ ~ Prepared by: Engineering Department S Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 I Reviewed By: PV I Date: 7/29/2008 I Grid #: 251 B I S- T-R: 03-29s-15e ne m #25 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: SF Scale: 1"=600' www.MyClearwater.com Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve the amendment to Department of Environmental Protection agreement W AP050 to extend the expiration date from June 30,2008 to April 30, 2010. (consent) SUMMARY: Two grants totaling 2.5 million dollars to be utilized on Stevenson Creek projects were aquired by the City in 2001. The Glen Oaks Project along with some property purchases have utilized $2,049,803 of the grant dollars. The extension will enable the City to utilize the remaining $450,197 towards the construction of the Lake Bellevue Project. Review Approval: 1) Clerk Cover Memo Item # 26 Attachment number 1 Page 1 of 1 (f) o ...J o Z >- w a:: o a: AVE PINELLAS gl >- ST ow ~ A ST ?\~ t'.\..\J>.s <j- Tuskawilla w ~ w ~ PROJECT SITE a: --, <9 z ::.:: a: ~ SOUTH I- ::J --l Z I- a: <( :2: z o I- <9 z I (f) ~ <( <9 o i= Ql > <( Ql <:: co ~ iClearwater N W.E City of Clearwater Engineering Department u~ s lake Bellevue Stormwater Improvements ~ Drawn By S.K. Reviewed By: E.S. Scaie: N.T.S. Grid # 306A S-T-R 122-29s-15e Date: 04/17/07 Item # 26 Attachment number :2 Page 1 of 8 DEP AGREEMENT NO. W AP050 AMENDMENT NO.3 THIS AGREEMENT as entered into on the 6th day of August, 2001, and amended on the 27th day of August, 2003 and the 7m of August, 2006, between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (hereinafter referred to as the "Department") and the CITY OF CLEARWATER (hereinafter referred to as the "Grantee" or "Recipient") is hereby amended. WHEREAS, ongoing difficulties with the Engineer of Record on the Lake Bellevue Project hindered the completion of the project; and, WHEREAS, due to the final plans not being sufficient for construction and the budget exceeding expectations, the Grantee has requested a no cost time extension for the completion of the project; and, WHEREAS, the Department has agreed to extend the completion date of the Agreement from June 30, 2008 to April 30, 2010; and, WHEREAS, the Grantee understands that the certification forward of the State Fiscal Years 2001/2002 and 2002/2003 funds supporting this Agreement beyond June 30th of each year is subject to the approval of the Governors office. WHEREAS, other changes to the Agreement are necessary. NOW, THEREFORE, the parties hereto agree as follows: Paragraph 2 is hereby revised to change the end date of the Agreement from June 30, 2008 to April 30, 2010. Paragraph 3 is hereby revised to change the Department of Financial Services' Reference Guide for State Expenditures website to htto://www.f1dfs.comlaadir/refercnce%5Fguide. Paragraph 4 is hereby revised to add the following: The Grantee understands that the funds supporting this Agreement are subject to certificarion forward approval by the Governor's Office on June 30th each year beginning June 30, 2003. The Grantee understands and agrees that if the Governor's Office does not approve the Department's request to certify the funds forward, the Grantee will not be eligible for reimbursement after the reversion of said funds. Paragraph 11 B is hereby revised to change the last sentence to read as follows: A list of minority owned firms that could be offered subcontracting opportunities may be obtained by contacting the Office of Supplier Diversity at (850) 487-0915. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK OEP Agreement No. WAP050, Amendment No.3, Page 100 Item # 26 Attachment number Page 2 of 8 Attachment A-I, Revised Project Work Plan, Budget Explanation and Project Timeline is hereby deleted in its entirety and replaced with the following: BudEet Explanation and Proiect Timeline: Project Component Timeline State Funds Matching Total Cost Funds Wolfe Property Purchase Completed $175,000.00 $175,000.00 $350,000.00 Spring Branch, Glen Oaks Completed $325,000.00 $325,000.00 $650,000.00 Palmetto sump project design and land purchase Glen Oaks Construction Nov 2008- $1,549,802.73 $1,549,802.73 $3,099,605.46 Apr 2010 Lake Bellevue Improvements Nov 2008- $450,197.27 $450,197.27 $900,394.54 Apr 2010 Total Cost $2,500,000.00 $2.500,000.00 $5,000,000.00 Attachment C-2, Second Revised Special Audit Requirements is hereby deleted in its entirety and replaced with Attachment C-3, Third Revised Special Audit Requirements, attached hereto and made a part of the Agreement. All references in the Agreement to Attachment C-2 shall hereinafter refer to Attachment C-3, Third Revised Special Audit Requirements. In all other respects, the Agreement of which this is an Amendment, and attachments relative thereto, shall remain in full force and effect. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. W APOSO, Amendment No.3, Page 2 on Item # 26 Attachment number 2 Page 3 of 8 TN WITNESS WHEREOF, the parties have caused this Amendment to be duly executed the day and year last written below. CITY OF CLEARWATER FLORIDA DEP ARTMENT OF ENV1RONMENT 1 PR~\fECTION By: ioTitle: Date: DEP Contracts Administrator Approved as to form and legality: List of a tlac hrnent sl ex h i bi Is included as part 0 f this Amendment: SpecIfy Type Attachment LetterM\l!n\:lJ~I C.3 Description (mclude number of pages) Third H.evised Special Audit Requlfements (5 p<:lgcs) DEP Agreement No. W AP050, i~rnel\dment No.3, Page:3 of 3 Item # 26 Attachment number 2 Page 4 of 8 ATTACHMENT C-3 THIRD REVISED SPECIAL AUDIT REQUIREMENTS 'nle administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department", "DEP", "FDE;P" or "Gralltor", or other name In the cOT/tract/agreement) to the recipient (which may be referred to as the "Con troc/or ", Cr(lIJ/ee" or other n()me In the contract/agreement) may be subject to auchts nnd/or monitonng by the Department of Envlronmental ProteCllon, as de~cribed in this attaclunenl. MONITORING In additIOn to reviews of audits conducted III accordance With OMB CIrcular A-133 and Section 215.97, F.S., as revIsed (see "AUDITS" below), monitoring procedures may include, but not bc limited to, on-site VISIts by Department staft~ limited scope audits as defined by OMB CIrcular A-133, as revised, andJor other procedures. By entenng into this Agreement, the recipient agrees to comply and cooperate WIth any monitoring procedures/processes deemed appropriate by the Department of Environmental ProtectIOn. In the event the Depanment of Environmental Protection detemllnes that a !inuted scope audit of the recipIent IS appropriate, the rccipient agrees to comply With any additional instructions provided by the Department to rhe recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS P ART I: FEDERALL Y FUNDED This pm1 is applicable if the recipient is a State or local government or a non-prolit organizal1on as defined in OMB Circular A-133, as revised. 1. In the event that the reClpient expends $500.000 or more In Federal awards in Its fiscal year, the must have a single or program-specific audit conducted in accordallCe with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to tillS Agreement indicates Federal funds awarded through the of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of federal awards, includmg Federal resources received from the Department of Environmental ProtectIon. The detellnmatlon of amounts of Federa I aw'ards expended should be in accordance with the guidelines established by OMI3 Cucular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions ofOMB CIrcular A-133, as revised, Wll1 meellhe requirements of this part. 2. In connection with the audit requirements addressed in Part 1, paragraph 1., the recipient shall fulfill the requirements relatJVe to auditee responsibilities as prOVIded rn Subpart C of OMB Circular A-133, as revised. 3. If the reCIpient expends less than $500,000 m Federal awards m its fiscal year, an audit conducted in accordance WIth the provisions of OMB CIrcular A-l33, as revised, is not required. [11 the event that the reCipient expends less than $500,000 in Federal awards in Its fiscal year and elects to have audit conducted in accordance with the proviSIons of OMB Circular A-133, as revised, the cost of the audit must be paId from non-Federal resources (l.e., the cost of such an audIt must be paid from re~ources obtained frum other than Federal entitles), 4. The recipient lllay access information regardmg thc Catalog of Federal DomestlC ASSistance (CFDA) via the Illtemet at http://l2 .46.245.173/cfda/cfd :1.ht ml. II loP 55-2 t:> (02/07) DEP Agreement No. WAPOSO, Attachment C-3, Page 1 of 5 Item # 26 Attachment number 2 Page 5 of 8 PART II: STATE FUNDED This part is applicable if the recipient I.S a nonslate eullty as defined by Section 215 .97(2)(m), Flonda StatlJtes. I. In the event tJlat the recipient expends a total amount of state fmancial assistance equal to or in excess of $500,000 m any fiscal year of such recipient. the recipient must ha ve a State Single or project-specific audit for such fiscal year III accordance with Section 215.97, Florida Statutes; applicable rules of the Department of FlOanclal Services; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHlSrr 1 to this Agreement indicates state financlal assIstance awarded through the Department of Envlronmemal Protection by tIllS Agreement. In determining the state financial assistance expended in lts fiscal year, the recipient shall consider all sources of state financial assistance, including state financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not Ulclude Federal direct or pass-through awards and resources received by a nonstate enttty for Federal program roatclung requirements. 2. In connection with the audit requirements addressed in Part IT, paragraph I; the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), FlOrida Statutes. This lDcludes submission of a financial reporting package as defined by Section 215.97(2), Florida Statutes, and Chapters 10.550 (lOCal governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. 1 f the recipient expends less than $500,000 in state financial assistance in its fiscal year, an audit conducted in accordance with the proviSiOns of Section 215.97; FlOrida Starutes, is nol required. In the evelll that the recipient expends less than $500,000 in state financial assistance lD Its fiscal year, and elects to have all audit conducted in accordance wrth the prOVISIOns of Section 215 97, FlOrida Statutes, the cost of the audit must be paid from the non-state eotlty's resources (i.e., the cost of such an audit mllSt be paid from the recipient's resources obtained from other than State entities). 4. For information regardmg the Flonda Catalog of State Financial ASSIstance (CSFA), a recipient should access the Florida Single AudIt Act webslte located at https://app~j1df~,corn/fsaa for asslst,lIlCe. [n aclJlIion to the above websites, the followmg websites may be accessed for information: Legislalure's Webslte at hHP://www.h-,g.s41teJLu~fWeJcome/illdex.cfm, State of Florida's website at http://www.mvnorida.com/, Department of Financial Services' WebSJIe lit http://wwwJI<;ifs.com/ and the Auditor General's Website at hHp://www.state"fll,l.s/a\l.dLren PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part \lIould be used to specify any additional audit requIrements imposed by the State awarding enfT!Y that are solely a malJer of I}W! Stale awardrng enrity '5 policy (I C., Ihe audllls not required I~'" Federal or Slale laws and is not ill confllcl wllh olher Federal or 51me audil reqlliremenIS). Pursuant 10 S"ctron 215.97(8), Florrda Slaru!eS, Stale agencies may conduct or arrange fOl' audits of S/(lfe jinancral assislance lhal are i/1 add,tion to audIts conducled in accordance with SectIOn 2 i 5.97, Florida SIolllles. in sllch aIJ event, the Stale awarding agency must o rra nge forfimdmg the fill! cost of such addiliOllal oudils ) PART fV: REPORT SUBMISSION ]. Copies of reporting packages for audits conducted In accordance with OMS Circular A-133, as revised, and required by PART 1 of this Attachment shall be submilled, when required by Section .320 (d), OMB Circular A-133. as revised, by or on behalf of the r~clpienl din:.,'.!lY to each of the following: DE? 55-2 t 5 (02107) DEP Agreement No. W AP050. Att3chment C-3, Page 2 of 5 Item # 26 Attachment number 2 Page 6 of 8 A. The Department of Environmental Protection at the followlI1g address: Audit Director Florida Department of EnvirOIUTlental ProtectIOn Office of the Inspector General, MS 40 3900 COHUTlonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Federal Audll Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(l) and (2), OMB Circular A-13J, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearmghouse Bureau of me Census 1201 East 10th StTeet Jefferson viI Ie , f1\.i 4713 2 C. Other Federal agencies and pass-tlu-ough entities in accordance with SectioDS .320 (e) and (I), OMB Circular A-133, as revised_ 2. PurSllant to SectIOn .320({), OMB Circular A-133, 3S revised, the recJpient shall submit a copy of the reporting package described m SecllOn .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at the following address: Audi t Director Florida Department of EnVlIOlUnental ProtectIOn Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 3 _ Copies of fJ1lancial reponing packages required by PART II of this Allachment shall he submitted by or on behalf of tJle recipIent directl v to each of the followmg: A. The Department of EnVIronmental Protection at the following address: Audit Director Florida Department of Environmental Protecnon Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 B. The Auditor General's Office at the following address: State of Florida Audllor General Room 40 I, Claude Pepper BuIldU1g III West Madison Street Tallahassee, Flonda 32399-1450 REMAINDER or PAGE IN'fENTlONA LL Y LEFT BLANK DC? 55-215 (02107) DEP Agreement No. W AP050, Attachment C-3, Page 3 of 5 Item # 26 Attachment number 2 Page 7 of 8 4. Copies of reports or management letters reqUired by PART rn of this Attachment shall be submitted by or on behalf of the reCipient directly to the Department of Environmental Protection at the followlOg address: Audit Director Flonda Department of Environmental Protection Office of the Inspector General, MS 40 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 5. Any repOlis, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be subm.itted timely III accordance WIth OMB Circular A-133, Floricla Statutes, or Chapters 10_550 (local govenlInental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, as appltcable. 6. Recipients, when submitting fmanC/al reportmg packages to the Department of Environmental Protection for audits done in accordance With OMB Circular A-133, or Ch<lpters 10.550 (local governmental entities) or 10_650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was de\1vered to the reCipient in correspondence accompanying tbe reportmg package. PART V: RECORD RETENTION The reCipient shall retain sufficient records demonstrating its compliance WIth the terms of this Agreement for a penod of 5 years from the date the audit report is issued, and shall allow the Department of Envlfonmental Protection, or its deSignee, Chief FinancIal Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of EnVironmental Protection, or its designee, Chief FLnaJlcial Officer, or Audllor General upon request for a period of 3 years from date the audit report is issued, uJlless extended lfl wntlllg by the Deparrment of Environmental Protection_ REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEI' 55-215 (02/07) DEP Agreement No. W APOSO, A ttachlllent C-3, Page 4 0 f 5 Item # 26 (') ,2 ~ a ,....J ....J a w... W..l :::r: f- w... a ~ 03 z ...... 0 I U f- f- -< Z ~ (.t.l ...... 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'" E '" r;.) ro C '" 8, b c- o 5 & (; u j; Vl <0 '- -5 -= 0 c ~ OJ) ',", 0 <1.) >. ~ -g ~ ~ U ,S 13 u ~ 2:: I- '" ~ 0 '"0 -;;; V V) <I.) -' ~: .:.) .0 ~ 8 0 15 2 ~ ~ @ p ~ 0 r";::':; ..D -:1) ro CJ u u tJ:: ...=" ,..;......- f"'" '3: ~ ,2 r-' r-' ,:::j; If) ~ot OJ) r~ '0 '2 ~ '" t; Cl.. "1" r ,",J 0 U IU -5 c Item # 26 If) .... o If) <1.l ~ '" ~ M I U -" ):; a.> ,... C ,... c::; e ~ o II) o 0.- ~ ~ o Z d 2; a.l ;:::~~ 8 8~ If, :L- (-.~ oJ) J.,-t. "'~ ~~ 00 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve entering a Project Partnership Agreement (PP A) with the Department of the Army to design and construct the Stevenson Creek Estuary Aquatic Ecosystem Restoration with the City funding $2,324,340 of the $6,640,970 total project cost and authorize the appropriate officials to execute same. (consent) SUMMARY: The location of this project is the estuarine area of Stevenson Creek between Ft. Harrison and Douglas A venues. Between Ft. Harrison and the Pinellas Trail sediment will be removed to a depth of approximately 4.5 feet at the center of the creek and taper up to the existing mangrove shelf; from Pinellas Trail to Douglas Avenue the sediment will be removed to a depth of approximatley 3 feet and taper up. Two mangrove shelves totaling 3.2 acres will also be created and planted with Red Mangroves and/or Black Mangroves. The environmental benefits consist of restoring approximately 27.92 acres of the estuary. Dredging will remove a concentrated deposit of sediments. Restorative waterway benefits will be realized in terms of increased velocity and circulation. Such actions will improve fish and wildlife values, in addition to, providing improvements in water quality, recreational public interest values, and general navigation. Resolution 07-29 was passed on November 1,2007, establishing the City's intent to reimburse certain Stormwater project costs incurred with future tax-exempt financing. The projects identified with 2009 revenue bonds as a funding source were included in the project list associated with Resolution 07-29 Sufficient budget for interim financing or funding with 2009 Stormwater Bond Revenue Bond Proceeds when issued is available in Stormwater Bond Construction Fund project 0380-96129, Stevensons Creek Estuary Restoration. Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Capital expenditure Yes Budget Adjustment: None $2,324,340.00 $2,324,340.00 2007 to 2008 Annual Operating Cost: Total Cost: $2,324,340.00 Appropriation Code 0380-96129-563700-539- 000-0000 Review Approval: 1) Clerk Amount $2,324,340.00 Appropriation Comment Cover Memo Item # 27 Attachment number 1 Page 1 of 31 PROJECT PARTNERSHIP AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF CLEARWATER, FLORIDA FOR DESIGN AND CONSTRUCTION OF THE STEVENSON CREEK ESTUARY AQUATIC ECOSYSTEM RESTORATION PROJECT THIS AGREEMENT is entered into this day of , _, by and between the Department of the Army (hereinafter the "Government"), represented by the US. Army Engineer, Jacksonville and the City of Clearwater, Florida (hereinafter the "Non-Federal Sponsor"), represented by its Mayor. WITNESSETH, THAT: WHEREAS, design and construction of the Stevenson Creek Estuary Aquatic Ecosystem Restoration Project for aquatic ecosystem restoration (hereinafter the "Project", as defined in Article I.A. of this Agreement) at Clearwater, Florida was approved by Commander, South Atlantic Division on September 30,2004 pursuant to the authority contained in Section 206 of the Water Resources Development Act of 1996, Public Law 104-303, as amended (33 US.C. 2330; hereinafter "Section 206"); WHEREAS, Section 206 provides that $25,000,000 in Federal funds are authorized to be appropriated for each fiscal year to carry out projects pursuant to Section 206 and no more than $5,000,000 in Federal funds may be allotted for a project at any single locality; WHEREAS, the Government and the Non-Federal Sponsor desire to enter into a Project Partnership Agreement (hereinafter the "Agreement") for design and construction of the Project; WHEREAS, Section 206 of the Water Resources Development Act of 1996, Public Law 104-303, as amended (33 US.C. 2330) specifies the cost-sharing requirements applicable to the Project; WHEREAS, Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended (42 US.C. 1962d-5b), and Section 1030) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 US.C. 22130)), provide, inter alia, that the Secretary of the Army shall not commence construction of any water resources proj ect, or separable element thereof, until each non-Federal interest has entered into a written agreement to furnish its required cooperation for the project or separable element; Item # 27 Attachment number 1 Page 2 of 31 WHEREAS, the Government and Non-Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Project in accordance with the terms of this Agreement; and WHEREAS, the Government and the Non-Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non-Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non-Federal Sponsor, and facilitate the successful implementation of the Project. NOW, THEREFORE, the Government and the Non-Federal Sponsor agree as follows: ARTICLE I - DEFINITIONS A. The term "Project' shall mean the restoration Stevenson Creek through the removal of muck and sand materials and the creation of mangrove areas to enhance and expand existing mangrove communities as generally described in the Stevenson Creek Aquatic Ecosystem Restoration, City of Clearwater, Pinellas County, Florida, Section 206 Ecosystem Restoration Report, dated February, 2003 and approved by Commander, South Atlantic Division on September 30, 2004. B. The term "total project costs" shall mean the sum of all costs incurred by the Non-Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to design and construction of the Project and the pre-Agreement planning and design costs incurred by the Government. Subject to the provisions of this Agreement, the term shall include, but is not necessarily limited to: the Government's pre-Agreement planning and design costs and the Government's design costs incurred after the effective date of this Agreement; the costs of the Non-Federal Sponsor's Design Coordination Team Activities; the Government's costs of preparation of environmental compliance documentation in accordance with Article II.A.2. of this Agreement; the Government's engineering and design costs during construction; the Non-Federal Sponsor's and the Government's costs of investigations to identify the existence and extent of hazardous substances in accordance with Article XIV.A. of this Agreement; the Government's costs of historic preservation activities in accordance with Article XVII.A. and Article XVII.B.l. of this Agreement; the Government's actual construction costs; the Government's supervision and administration costs; the Non-Federal Sponsor's and the Government's costs of participation in the Project Coordination Team in accordance with Article V of this Agreement; the Government's costs of contract dispute settlements or awards; the value of lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material for which the Government affords credit in accordance with Article IV of this Agreement; and the Non-Federal Sponsor's and the Government's costs of audit in accordance with 2 Item # 27 Attachment number 1 Page 3 of 31 Article x.B. and Article X.C. of this Agreement. The term does not include any costs for operation, maintenance, repair, rehabilitation, or replacement of the Project; any costs of betterments under Article II.H.2. of this Agreement; any costs of dispute resolution under Article VII of this Agreement; the Government's costs for data recovery activities associated with historic preservation in accordance with Article XVII.B.2. and Article XVII.B.3. of this Agreement; or the Non-Federal Sponsor's costs of negotiating this Agreement. C. The term ''period of design and construction" shall mean the time from the effective date of this Agreement to the date that construction of the Project is complete, as determined by the Government, or the date that this Agreement is terminated in accordance with Article XIII or Article XIV.C. of this Agreement, whichever is earlier. D. The term "financial obligations for design and construction" shall mean the financial obligations of the Government that result or would result in costs that are or would be included in total project costs except for obligations pertaining to the provision oflands, easements, and rights-of-way, the performance of relocations, and the construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material. E. The term "non-Federal proportionate share" shall mean the ratio of the Non- Federal Sponsor's total contribution of funds required by Article II.B.2. and Article II.C.2. of this Agreement to financial obligations for design and construction, as proj ected by the Government. F. The term "highway" shall mean any highway, roadway, street, or way, including any bridge thereof, that is owned by a public entity. G. The term "relocation" shall mean providing a functionally equivalent facility to the owner of a utility, cemetery, highway, railroad, or public facility when such action is authorized in accordance with applicable legal principles of just compensation. Providing a functionally equivalent facility may take the form of alteration, lowering, raising, or replacement and attendant demolition of the affected facility or part thereof. H. The term ''functional portion of the Project" shall mean a portion of the Project for which construction has been completed and that can function independently, as determined by the U.S. Army Engineer, Jacksonville District (hereinafter the "District Engineer") in writing, although the remainder of the Project is not complete. 1. The term "betterment' shall mean a difference in the design or construction of an element of the Project that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to the design or construction of that element. The term does not include any design or construction for features not included in the Project as defined in paragraph A. of this Article. 3 Item # 27 Attachment number 1 Page 4 of 31 J. The term "Federal program funds" shall mean funds provided by a Federal agency, other than the Department of the Army, plus any non-Federal contribution required as a matching share therefor. K. The term "Section 206 Project Limit" shall mean the $5,000,000 statutory limitation on the Government's financial participation in the planning, design, and construction of the Project as specified in Section 206 of the Water Resources Development Act of 1996, Public Law 104-303, as amended (33 U.S.C. 2330). L. The term "Section 206 Annual Program Limit" shall mean the statutory limitation on the Government's annual appropriations for planning, design, and construction of all proj ects implemented pursuant to Section 206 of the Water Resources Development Act of 1996, Public Law 104-303, as amended (33 U.S.C. 2330). As of the effective date of this Agreement, such limitation is $25,000,000. M. The term ''fiscal year" shall mean one year beginning on October 1 and ending on September 30. N. The term ''fiscal year of the Non-Federal Sponsor" shall mean one year beginning on and ending on O. The term ''pre-Agreement planning and design costs" shall mean all costs that were incurred by the Government prior to the effective date of this Agreement for planning and design of the Project. P. The term "Design Coordination Team Activities" shall mean the oversight of matters related to design of the Project including: engineering and design, including scheduling of reports and work products; development of plans and specifications; real property and relocation requirements of the Project; contract awards and modifications; contract costs; the Government's cost projections; anticipated requirements and needed capabilities for performance of operation and maintenance of the Project; and other matters related to design of the Project. Q. The term "costs of the Non-Federal Sponsor's Design Coordination Team Activities" shall mean the costs that are incurred by the Non-Federal Sponsor for Design Coordination Team Activities on or after October 1, 1996 and before the effective date of this Agreement, as determined by the Government and subject to an audit for reasonableness, allowability, and allocability in accordance with Article X.C. of this Agreement. 4 Item # 27 Attachment number 1 Page 5 of 31 ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subj ect to receiving funds appropriated by the Congress of the United States (hereinafter the "Congress") and using those funds and funds provided by the Non-Federal Sponsor, expeditiously shall design and construct the Project, applying those procedures usually applied to Federal projects, in accordance with Federal laws, regulations, and policies. 1. The Government shall not issue the solicitation for the first contract for design of the Project or commence design of the Project using the Government's own forces until the Non-Federal Sponsor has confirmed in writing its willingness to proceed with the Project. 2. The Government shall develop and coordinate as required, an Environmental Assessment and Finding of No Significant Impact or an Environmental Impact Statement and Record of Decision, as necessary, to inform the public regarding the environmental impacts of the Project in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4347; hereinafter "NEPA"). However, the Government shall not issue the solicitation for the first construction contract for the Project or commence construction of the Project using the Government's own forces until all applicable environmental laws and regulations have been complied with, including, but not limited to NEPA and Section 401 of the Federal Water Pollution Control Act (33 U.S.C. 1341). 3. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on the solicitations for all contracts, including relevant plans and specifications, prior to the Government's issuance of such solicitations. To the extent possible, the Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all proposed contract modifications, including change orders. In any instance where providing the Non-Federal Sponsor with notification of a contract modification is not possible prior to execution of the contract modification, the Government shall provide such notification in writing at the earliest date possible. To the extent possible, the Government also shall afford the Non-Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the contents of solicitations, award of contracts or commencement of design or construction using the Government's own forces, execution of contract modifications, resolution of contract claims, and performance of all work on the Project shall be exclusively within the control of the Government. 4. At the time the District Engineer furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Project, the District Engineer shall furnish a copy thereof to the Non-Federal Sponsor. 5 Item # 27 Attachment number 1 Page 6 of 31 B. The Non-Federal Sponsor shall contribute 35 percent of total project costs in accordance with the provisions of this paragraph. 1. In accordance with Article III of this Agreement, the Non-Federal Sponsor shall provide all lands, easements, and rights-of-way, including those required for relocations, the borrowing of material, and the disposal of dredged or excavated material, shall perform or ensure performance of all relocations, and shall construct improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material that the Government determines to be required or to be necessary for construction, operation, and maintenance of the Project. 2. The Non-Federal Sponsor shall provide funds in accordance with Article VI.B. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's required share of 3 5 percent of total project costs if the Government proj ects at any time that the collective value of the following contributions will be less than such required share: (a) the costs of the Non-Federal Sponsor's Design Coordination Team Activities; (b) the value of the Non-Federal Sponsor's contributions under paragraph B.1. of this Article as determined in accordance with Article IV of this Agreement; and (c) the value of the Non- Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement. 3. The Government, subject to the availability of funds and as limited by the Section 206 Project Limit and the Section 206 Annual Program Limit, shall refund or reimburse to the Non-Federal Sponsor any contributions in excess of 35 percent of total project costs if the Government determines at any time that the collective value of the following contributions has exceeded 35 percent of total project costs: (a) the value of the Non-Federal Sponsor's contributions under paragraph B.1. of this Article as determined in accordance with Article IV of this Agreement; (b) the costs of the Non-Federal Sponsor's Design Coordination Team Activities; (c) the value of the Non-Federal Sponsor's contributions under paragraph B.2. of this Article; and (d) the value of the Non- Federal Sponsor's contributions under Article V, Article X, and Article XIV.A. of this Agreement. Mter such a determination, the Government, in its sole discretion, may acquire any remaining lands, easements, and rights-of-way required for the Project, perform any remaining relocations necessary for the Project, or construct any remaining improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material required for the Project on behalf of the Non-Federal Sponsor. Notwithstanding the acquisition oflands, easements, and rights-of-way, performance of relocations, or construction of improvements required on lands, easements, and rights-of- way to enable the disposal of dredged or excavated material by the Government under this paragraph, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with Article XIV.C. of this Agreement. 6 Item # 27 Attachment number 1 Page 7 of 31 C. Notwithstanding any other provision of this Agreement, Federal financial participation in the Project is limited by the following provisions of this paragraph. 1. In the event the Government proj ects that the amount of Federal funds the Government will make available to the Project through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcomingfiscal year, is not sufficient to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVII.B.2. and Article XVII.B.3. of this Agreement that the Government projects to be incurred through the then-current or up coming fiscal year, as applicable, the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government proj ects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article XIII.B. of this Agreement. 2. In accordance with Section 206 of the Water Resources Development Act of 1996, Public Law 104-303, as amended (33 U.S.C. 2330), the Government's total financial obligations for planning, design, and construction of the Project (except for costs incurred on behalf of the Non-Federal Sponsor in accordance with paragraph H. of this Article) shall not exceed the Section 206 Project Limit. Notwithstanding any other provision of this Agreement, the Non-Federal Sponsor shall be responsible for all costs in excess of this limit and shall pay any such costs in accordance with Article VI.B. of this Agreement. 3. If the Government determines that the total amount of Federal funds provided by Congress for all projects implemented pursuant to Section 206 has reached the Section 206 Annual Program Limit, and the Government projects that the Federal funds the Government will make available to the Project within the Section 206 Annual Program Limit will not be sufficient to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVII.B.2. and Article XVII.B.3. of this Agreement, the Government shall notify the Non-Federal Sponsor in writing of such insufficiency of funds and of the date the Government proj ects that the Federal funds that will have been made available to the Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project within the Section 206 Annual Program Limit, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article XIII.B. of this Agreement. 4. As of the effective date of this Agreement, $4,316,631 of Federal funds is currently projected to be available for the Project. The Government makes no commitment to request Congress to provide additional Federal funds for the Project. Further, the Government's financial participation in the Project is limited to the Federal funds that the Government makes available to the Project. 7 Item # 27 Attachment number 1 Page 8 of 31 D. When the District Engineer determines that the entire Project, or afunctional portion of the Project, is complete, the District Engineer shall so notify the Non-Federal Sponsor in writing and furnish the Non-Federal Sponsor with a final Operation, Maintenance, Repair, Rehabilitation, and Replacement Manual (hereinafter the "OMRR&R Manual") or, if the final OMRR&R Manual is not available, an interim OMRR&R Manual for the entire Project or such completed portion. Upon such notification, the Government also shall furnish to the Non-Federal Sponsor a copy of all final as-built drawings for the portion of the Project for which the Government awarded a construction contract, or the Government constructed using its own forces, if such drawings are available. Not later than 6 months after such notification by the Government that the entire Project is complete, the Government shall furnish the Non- Federal Sponsor with all final as-built drawings for the portion of the Project for which the Government awarded a construction contract, or the Government constructed using its own forces, and also shall furnish the Non-Federal Sponsor with the final OMRR&R Manual for the entire Project. In the event all final as-built drawings for the portion of the Project for which the Government awarded a construction contract, or the Government constructed using its own forces, or the final OMRR&R Manual for the entire Project cannot be completed within the 6 month period, the Government shall provide written notice to the Non-Federal Sponsor, and the Government and the Non- Federal Sponsor shall negotiate an acceptable completion date for furnishing such documents. Further, after completion of all contracts for the Project, copies of all of the Government's and Non-Federal Sponsor's Written Notices of Acceptance of Completed Work for all contracts for the Project that have not been provided to the other party previously shall be provided to the Non-Federal Sponsor and/or the Government, as appropriate. E. Upon notification from the District Engineer in accordance with paragraph D. of this Article, the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and replace the entire Project, or thefunctional portion of the Project as the case may be, in accordance with Article VIII of this Agreement. F. Upon conclusion of the period of design and construction, the Government shall conduct an accounting, in accordance with Article VI.C. of this Agreement, and furnish the results to the Non-Federal Sponsor. G. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations for the Project under this Agreement unless the Federal agency providing the Federal portion of such funds verifies in writing that expenditure of such funds for such purpose is expressly authorized by Federal law. H. The Non-Federal Sponsor may request the Government to perform or provide, on behalf of the Non-Federal Sponsor, one or more of the services (hereinafter the "additional work") described in this paragraph. Such requests shall be in writing and shall describe the additional work requested to be performed or provided. If in its sole discretion the Government elects to perform or provide the requested additional work or any portion thereof, it shall so notify the Non-Federal Sponsor in a writing that sets forth 8 Item # 27 Attachment number 1 Page 9 of 31 any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Non-Federal Sponsor shall be solely responsible for all costs of the additional work performed or provided by the Government under this paragraph and shall pay all such costs in accordance with Article V1.D. of this Agreement. 1. Acquisition oflands, easements, and rights-of-way; performance of relocations; or construction of improvements required on lands, easements, and rights-of- way to enable the disposal of dredged or excavated material for the Project. Notwithstanding acquisition oflands, easements, and rights-of-way, performance of relocations, or construction of improvements by the Government, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for any costs of cleanup and response in accordance with Article XIV.C. of this Agreement. 2. Inclusion of betterments in the design or construction of the Project. In the event the Government elects to include any such betterments, the Government shall allocate the costs of the Project features that include betterments between total project costs and the costs of the betterments. 1. The Non-Federal Sponsor shall prevent obstructions or encroachments on the Project (including prescribing and enforcing regulations to prevent such obstructions or encroachments) such as any new developments on Project lands, easements, and rights-of- way or the addition of facilities which might reduce the outputs produced by the Project, hinder operation and maintenance of the Project, or interfere with the Project's proper function. J. The Non-Federal Sponsor shall not use the Project, or the lands, easements, and rights-of-way required pursuant to Article III of this Agreement, as a wetlands bank or mitigation credit for any other project. ARTICLE III - LANDS, EASEMENTS, RIGHTS-OF-WAY, RELOCATIONS, DISPOSAL AREA IMPROVEMENTS, AND COMPLIANCE WITH PUBLIC LAW 91-646, AS AMENDED A. The Government, after consultation with the Non-Federal Sponsor, shall determine the lands, easements, and rights-of-way required for construction, operation, and maintenance of the Project, including those required for relocations, the borrowing of material, and the disposal of dredged or excavated material. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of the lands, easements, and rights-of-way that the Government determines the Non-Federal Sponsor must provide, in detail sufficient to enable the Non- Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non- Federal Sponsor with a written notice to proceed with acquisition of such lands, easements, and rights-of-way. Prior to the issuance of the solicitation for each Government contract 9 Item # 27 Attachment number 1 Page 10 of 31 for construction of the Project, or prior to the Government initiating construction of a portion of the Project using the Government's own forces, the Non-Federal Sponsor shall acquire all lands, easements, and rights-of-way the Government determines the Non- Federal Sponsor must provide for that work and shall provide the Government with authorization for entry thereto. Furthermore, prior to the end of the period of design and construction, the Non-Federal Sponsor shall acquire all lands, easements, and rights-of-way required for construction, operation, and maintenance of the Project, as set forth in such descriptions, and shall provide the Government with authorization for entry thereto. The Non-Federal Sponsor shall ensure that lands, easements, and rights-of-way that the Government determines to be required for the Project and that were provided by the Non- Federal Sponsor are retained in public ownership for uses compatible with the authorized purposes of the Project. B. The Government, after consultation with the Non-Federal Sponsor, shall determine the relocations necessary for construction, operation, and maintenance of the Project, including those necessary to enable the borrowing of material or the disposal of dredged or excavated material. The Government in a timely manner shall provide the Non- Federal Sponsor with general written descriptions, including maps as appropriate, of such relocations in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a written notice to proceed with such relocations. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or prior to the Government initiating construction of a portion of the Project using the Government's own forces, the Non-Federal Sponsor shall prepare or ensure the preparation of plans and specifications for, and perform or ensure the performance of, all relocations the Government determines to be necessary for that work. Furthermore, prior to the end of the period of design and construction, the Non- Federal Sponsor shall perform or ensure performance of all relocations as set forth in such descriptions. C. The Government, after consultation with the Non-Federal Sponsor, shall determine the improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material associated with construction, operation, and maintenance of the Project. Such improvements may include, but are not necessarily limited to, retaining dikes, wasteweirs, bulkheads, embankments, monitoring features, stilling basins, and de-watering pumps and pipes. The Government in a timely manner shall provide the Non-Federal Sponsor with general written descriptions, including maps as appropriate, of such improvements in detail sufficient to enable the Non-Federal Sponsor to fulfill its obligations under this paragraph, and shall provide the Non-Federal Sponsor with a written notice to proceed with construction of such improvements. Prior to the issuance of the solicitation for each Government contract for construction of the Project, or pri or to the Government initiating construction of a portion of the Project using the Government's own forces, the Non-Federal Sponsor shall prepare plans and specifications for all improvements the Government determines to be required for the disposal of dredged or excavated material under that contract, submit such plans and specifications to the Government for approval, and provide such improvements in accordance with the approved plans and specifications. Furthermore, prior to the end of the period of design and 10 Item # 27 Attachment number 1 Page 11 of 31 construction, the Non-Federal Sponsor shall provide all improvements set forth in such descriptions. D. The Non-Federal Sponsor shall comply with the applicable provisions of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, as amended (42 U.S.C. 4601-4655), and the Uniform Regulations contained in 49 C.F.R. Part 24, in acquiring lands, easements, and rights-of-way required for construction, operation, and maintenance of the Project, including those required for relocations, the borrowing of material, or the disposal of dredged or excavated material, and shall inform all affected persons of applicable benefits, policies, and procedures in connection with said Act. ARTICLE IV - CREDIT FOR VALUE OF LANDS, EASEMENTS, RIGHTS-OF -WAY, RELOCATIONS, AND DISPOSAL AREA IMPROVEMENTS A. The Government shall include in total project costs and afford credit toward the Non-F ederal Sponsor's share of total project costs for the value of the lands, easements, and rights-of-way that the Non-Federal Sponsor must provide pursuant to Article IlI.A. of this Agreement; for the value of the relocations that the Non-Federal Sponsor must perform or for which it must ensure performance pursuant to Article III.B. of this Agreement; and for the value of the improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material that the Non-Federal Sponsor must provide pursuant to Article III.C. of this Agreement. However, no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value of any lands, easements, rights-of-way, relocations, or improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material that have been provided previously as an item of cooperation for another Federal project. In addition, no amount shall be included in total project costs, no credit shall be afforded, and no reimbursement shall be provided for the value oflands, easements, rights-of-way, relocations, or improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material that were acquired or performed using Federal program funds unless the Federal agency providing the Federal portion of such funds verifies in writing that affording credit for the value of such items is expressly authorized by F ederallaw. B. The Non-Federal Sponsor in a timely manner shall provide the Government with such documents as are sufficient to enable the Government to determine the value of any contribution provided pursuant to Article III.A., Article III.B., or Article III.C. of this Agreement. Upon receipt of such documents, the Government in a timely manner shall determine the value of such contributions for the purpose of including such value in total project costs and for determining the amount of credit to be afforded or reimbursement to be provided in accordance with the provisions of this Agreement. C. For the purposes of determining the value to be included in total project costs and the amount of credit to be afforded reimbursement to be provided in accordance with this Agreement and except as otherwise provided in paragraph G. of this Article, the value 11 Item # 27 Attachment number 1 Page 12 of 31 oflands, easements, and rights-of-way, including those required for relocations, the borrowing of material, and the disposal of dredged or excavated material, shall be the fair market value of the real property interests, plus certain incidental costs of acquiring those interests, as determined in accordance with the provisions of this paragraph. 1. Date of Valuation. The fair market value of lands, easements, or rights- of-way owned by the Non-Federal Sponsor on the effective date of this Agreement shall be the fair market value of such real property interests as of the date the Non-Federal Sponsor provides the Government with authorization for entry thereto. The fair market value of lands, easements, or rights-of-way acquired by the Non-Federal Sponsor after the effective date of this Agreement shall be the fair market value of such real property interests at the time the interests are acquired. 2. General Valuation Procedure. Except as provided in paragraph C.3. or paragraph C.5. of this Article, the fair market value oflands, easements, or rights-of-way shall be determined in accordance with the provisions of this paragraph. a. The Non-Federal Sponsor shall obtain, for each real property interest, an appraisal that is prepared by a qualified appraiser who is acceptable to the Non- Federal Sponsor and the Government. The Non-Federal Sponsor shall provide the Government with the appraisal no later than 6 months after the Non-Federal Sponsor provides the Government with an authorization for entry for such real property interest. The appraisal must be prepared in accordance with the applicable rules of just compensation, as specified by the Government. The fair market value shall be the amount set forth in the Non-Federal Sponsor's appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's appraisal, the Non-Federal Sponsor may obtain a second appraisal, and the fair market value shall be the amount set forth in the Non-Federal Sponsor's second appraisal, if such appraisal is approved by the Government. In the event the Government does not approve the Non-Federal Sponsor's second appraisal, the Non-Federal Sponsor chooses not to obtain a second appraisal, or the Non-Federal Sponsor does not provide the first appraisal as required in this paragraph, the Government shall obtain an appraisal, and the fair market value shall be the amount set forth in the Government's appraisal, if such appraisal is approved by the Non-Federal Sponsor. In the event the Non-Federal Sponsor does not approve the Government's appraisal, the Government, after consultation with the Non- Federal Sponsor, shall consider the Government's and the Non-Federal Sponsor's appraisals and determine an amount based thereon, which shall be deemed to be the fair market value. b. Where the amount paid or proposed to be paid by the Non-Federal Sponsor for the real property interest exceeds the amount determined pursuant to paragraph C.2.a. of this Article, the Government, at the request of the Non-Federal Sponsor, shall consider all factors relevant to determining fair market value and, in its sole discretion, after consultation with the Non-Federal Sponsor, may approve in writing an amount greater than the amount determined pursuant to paragraph C.2.a. of this Article, but not to exceed the amount actually paid or proposed to be paid. If the Government approves such an amount, the fair market value shall be the lesser of the approved amount or the amount paid by the 12 Item # 27 Attachment number 1 Page 13 of 31 Non-Federal Sponsor, but no less than the amount determined pursuant to paragraph C.2.a. of this Article. 3. Eminent Domain Valuation Procedure. For lands, easements, or rights- of-way acquired by eminent domain proceedings instituted after the effective date of this Agreement, the Non-Federal Sponsor, prior to instituting such proceedings, shall submit to the Government notification in writing of its intent to institute such proceedings and an appraisal of the specific real property interests to be acquired in such proceedings. The Government shall have 60 calendar days after receipt of such a notice and appraisal within which to review the appraisal, if not previously approved by the Government in writing. a. If the Government previously has approved the appraisal in writing, or if the Government provides written approval of, or takes no action on, the appraisal within such 60 day period, the Non-Federal Sponsor shall use the amount set forth in such appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. b. If the Government provides written disapproval of the appraisal, including the reasons for disapproval, within such 60 day period, the Government and the Non-Federal Sponsor shall consult in good faith to promptly resolve the issues or areas of disagreement that are identified in the Government's written disapproval. If, after such good faith consultation, the Government and the Non-Federal Sponsor agree as to an appropriate amount, then the Non-Federal Sponsor shall use that amount as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. If, after such good faith consultation, the Government and the Non-Federal Sponsor cannot agree as to an appropriate amount, then the Non-Federal Sponsor may use the amount set forth in its appraisal as the estimate of just compensation for the purpose of instituting the eminent domain proceeding. c. For lands, easements, or rights-of-way acquired by eminent domain proceedings instituted in accordance with paragraph C.3. of this Article, fair market value shall be either the amount of the court award for the real property interests taken, to the extent the Government determined such interests are required for construction, operation, and maintenance of the Project, or the amount of any stipulated settlement or portion thereof that the Government approves in writing. 4. Incidental Costs. For lands, easements, or rights-of-way acquired by the Non-Federal Sponsor within a five year period preceding the effective date of this Agreement, or at any time after the effective date of this Agreement, the value of the interest shall include the documented incidental costs of acquiring the interest, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. In the event the Government modifies its determination made pursuant to Article IlI.A. of this Agreement, the Government shall afford credit for the documented incidental costs associated with preparing to acquire the lands, easements, or rights-of-way identified in the original determination, subject to an audit in accordance with Article X.C. of this 13 Item # 27 Attachment number 1 Page 14 of 31 Agreement to determine reasonableness, allocability, and allowability of such costs. Such incidental costs shall include, but not necessarily be limited to, closing and title costs, appraisal costs, survey costs, attorney's fees, plat maps, mapping costs, actual amounts expended for payment of any relocation assistance benefits provided in accordance with Article III.D. of this Agreement, and other payments by the Non-Federal Sponsor for items that are generally recognized as compensable, and required to be paid, by applicable state law due to the acquisition of a real property interest in accordance with Article III of this Agreement. The value of the interests provided by the Non-Federal Sponsor in accordance with Article III.A. of this Agreement also shall include the documented costs of obtaining appraisals pursuant to paragraph C.2. of this Article, as determined by the Government, and subject to an audit in accordance with Article x.c. of this Agreement to determine reasonableness, allocability, and allowability of such costs. 5. Waiver of Appraisal. Except as required by paragraph C.3. of this Article, the Government may waive the requirement for an appraisal pursuant to this paragraph if it determines that an appraisal is unnecessary because the valuation is uncomplicated and that the estimated fair market value of the real property interest is $10,000 or less based upon a review of available data. In such event, the Government and the Non-Federal Sponsor must agree in writing to the value of such real property interest in an amount not in excess of $10,000. D. After consultation with the Non-Federal Sponsor, the Government shall determine the value of relocations in accordance with the provisions of this paragraph. 1. For a relocation other than a highway, the value shall be only that portion of relocation costs that the Government determines is necessary to provide a functionally equivalent facility, reduced by depreciation, as applicable, and by the salvage value of any removed items. 2. For a relocation of a highway, the value shall be only that portion of relocation costs that would be necessary to accomplish the relocation in accordance with the design standard that the State of Florida would apply under similar conditions of geography and traffic load, reduced by the salvage value of any removed items. 3. Relocation costs shall include, but not necessarily be limited to, actual costs of performing the relocation; planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with performance of the relocation, as determined by the Government. Relocation costs shall not include any costs due to betterments, as determined by the Government, nor any additional cost of using new material when suitable used material is available. Relocation costs shall be subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. E. The value of the improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material shall be the costs of the 14 Item # 27 Attachment number 1 Page 15 of 31 improvements, as determined by the Government, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. Such costs shall include, but not necessarily be limited to, actual costs of providing the improvements; planning, engineering and design costs; supervision and administration costs; and documented incidental costs associated with providing the improvements, but shall not include any costs due to betterments, as determined by the Government. F. Any credit afforded or reimbursement provided under the terms of this Agreement for the value of relocations, or improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material, performed within the Project boundaries is subject to satisfactory compliance with applicable Federal labor laws covering non-Federal construction, including, but not limited to, 40 US.C. 3141- 3148 and 40 US.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 US.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 US.C. 327 et seq.) and the Copeland Anti-Kickback Act (formerly 40 US.C. 276c)). Notwithstanding any other provision of this Agreement, credit or reimbursement may be withheld, in whole or in part, as a result of the Non-Federal Sponsor's failure to comply with its obligations under these laws. G. Where the Government, on behalf of the Non-Federal Sponsor pursuant to Article II.R.l. of this Agreement, acquires lands, easements, or rights-of-way, performs relocations, or constructs improvements required on lands, easements, or rights-of-way to enable the disposal of dredged or excavated material, the value to be included in total project costs and the amount of credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall be the costs of such work performed or provided by the Government that are paid by the Non-Federal Sponsor in accordance with Article VI.D. of this Agreement. In addition, the value to be included in total project costs and the amount of such credit to be afforded or the amount of reimbursement provided in accordance with this Agreement shall include the documented costs incurred by the Non-Federal Sponsor in accordance with the terms and conditions agreed upon in writing pursuant to Article II.R.1. of this Agreement subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. ARTICLE V - PROJECT COORDINATION TEAM A. To provide for consistent and effective communication, the Non-Federal Sponsor and the Government, not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Project Coordination Team. Thereafter, the Project Coordination Team shall meet regularly until the end of the period of design and construction. The Government's Project Manager and a counterpart named by the Non-Federal Sponsor shall co-chair the Project Coordination Team. 15 Item # 27 Attachment number 1 Page 16 of 31 B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall keep the Project Coordination Team informed of the progress of design and construction and of significant pending issues and actions, and shall seek the views of the Project Coordination Team on matters that the Project Coordination Team generally oversees. C. Until the end of the period of design and construction, the Project Coordination Team shall generally oversee the Project, including matters related to: design; completion of all necessary environmental coordination and documentation; plans and specifications; scheduling; real property and relocation requirements; real property acquisition; contract awards and modifications; contract costs; the application of and compliance with 40 US.C. 3141-3148 and 40 US.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 US.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 US.C. 327 et seq.) and the Copeland Anti-Kickback Act (formerly 40 US.C. 276c)) for relocations and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material; the investigations to identify the existence and extent of hazardous substances in accordance with Article XIV.A. of this Agreement; historic preservation activities in accordance with Article XVII of this Agreement; the Government's cost proj ections; final inspection of the entire Project or functional portions of the Project; preparation of the proposed OMRR&RManual; anticipated requirements and needed capabilities for performance of operation, maintenance, repair, rehabilitation, and replacement of the Project including issuance of permits; and other matters related to the Project. This oversight of the Project shall be consistent with a project management plan developed by the Government after consultation with the Non-Federal Sponsor. D. The Project Coordination Team may make recommendations to the District Engineer on matters related to the Project that the Project Coordination Team generally oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Project Coordination Team. The Government, having the legal authority and responsibility for design and construction of the Project, has the discretion to accept or reject, in whole or in part, the Project Coordination Team's recommendations. E. The Non-Federal Sponsor's costs of participation in the Project Coordination Team shall be included in total project costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Project Coordination Team shall be included in total project costs and shared in accordance with the provisions of this Agreement. 16 Item # 27 Attachment number 1 Page 17 of 31 ARTICLE VI - METHOD OF PAYMENT A. In accordance with the provisions of this paragraph, the Government shall maintain current records and provide to the Non-Federal Sponsor current projections of costs, financial obligations, contributions provided by the parties, the value included in total project costs for lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement. 1. As of the effective date of this Agreement, total project costs are projected to be $6,640,970; the Non-Federal Sponsor's contribution of funds required by Article II.B.2. of this Agreement is projected to be $2,324,340; the Non-Federal Sponsor's contribution of funds required by Article II.C.2. of this Agreement is projected to be $ 0; the non-Federal proportionate share is projected to be 35 percent; the Non- Federal Sponsor's contribution of funds required by Article XVII.B.3. of this Agreement is projected to be $ 0; the value included in total project costs for lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement is projected to be $366,000; and the Government's total financial obligations for the additional work to be incurred and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.R. of this Agreement are projected to be $0. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non-Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non-Federal Sponsor. 2. By June 1 and by each quarterly anniversary thereof until the conclusion of the period of design and construction and resolution of all relevant claims and appeals and eminent domain proceedings, the Government shall provide the Non- Federal Sponsor with a report setting forth all contributions provided to date and the current projections of the following: total project costs; the Non-Federal Sponsor's total contribution of funds required by Article II.B.2. of this Agreement; the Non-Federal Sponsor's contribution of funds required by Article II.C.2. of this Agreement; the non- Federal proportionate share; the Non-Federal Sponsor's total contribution of funds required by Article XVII.B.3. of this Agreement; the total contribution of funds required from the Non-Federal Sponsor for the upcoming contract and up coming fiscal year; the value included in total project costs for lands, easements, rights-of-way, relocations, and improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material determined in accordance with Article IV of this Agreement; and the Government's total financial obligations for additional work incurred and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.R. of this Agreement. 17 Item # 27 Attachment number 1 Page 18 of 31 B. The Non-Federal Sponsor shall provide the contributions of funds required by Article II.B.2., Article II.C.2., and Article XVII.B.3. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 60 calendar days prior to the scheduled date for issuance of the solicitation for the first contract for construction of the Project or commencement of construction of the Project using the Government's own forces, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and the funds the Government determines to be required from the Non-Federal Sponsor to meet its projected share under Article II.B.2., Article II.C.2., and Article XVII.B.3. of this Agreement. Not later than such scheduled date, the Non-Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to "F AO, USAED, Jacksonville" to the District Engineer, or verifying to the satisfaction of the Government that the Non-Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non-Federal Sponsor, or by presenting the Government with an irrevocable letter of credit acceptable to the Government for such required funds, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover: the non- Federal proportionate share offinancial obligations for design and construction incurred pri or to the commencement of the period of design and construction; (b) the non-Federal proportionate share of financial obligations for design and construction as financial obligations for design and construction are incurred; and (c) the Non-Federal Sponsor's share of financial obligations for data recovery activities associated with historic preservation pursuant to Article XVII.B.3. of this Agreement as those financial obligations are incurred. If at any time the Government determines that additional funds will be needed from the Non-Federal Sponsor to cover the Non-Federal Sponsor's share of such financial obligations, the Government shall notify the Non-Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.l. of this Article. C. Upon conclusion of the period of design and construction and resolution of all relevant claims and appeals, the Government shall conduct a final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. If outstanding relevant claims and appeals prevent a final accounting from being conducted in a timely manner, the Government shall conduct an interim accounting and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved, the Government shall amend the interim accounting to complete the final accounting and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total project costs and the costs of any data 18 Item # 27 Attachment number 1 Page 19 of 31 recovery activities associated with historic preservation. In addition, for each set of costs, the interim or final accounting, as applicable, shall determine each party's required share thereof, and each party's total contributions thereto as of the date of such accounting. D. The Non-Federal Sponsor shall provide the contribution of funds required by Article n.R. of this Agreement for additional work in accordance with the provisions of this paragraph. 1. Not less than 60 calendar days prior to the scheduled date for the first financial obligation for additional work, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and of the full amount of funds the Government determines to be required from the Non-Federal Sponsor to cover the costs of the additional work. No later than 30 calendar days prior to the Government incurring any financial obligation for additional work, the Non-Federal Sponsor shall provide the Government with the full amount of the funds required to cover the costs of such additional work through any of the payment mechanisms specified in paragraph B.l. of this Article. 2. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for such additional work as they are incurred. If at any time the Government determines that the Non-Federal Sponsor must provide additional funds to pay for such additional work, the Government shall notify the Non- Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 30 calendar days from receipt of such notice, the Non-Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. 3. At the time the Government conducts the interim or final accounting, as applicable, the Government shall conduct an accounting of the Government's financial obligations incurred for additional work and furnish the Non-Federal Sponsor with written notice of the results of such accounting. If outstanding relevant claims and appeals or eminent domain proceedings prevent a final accounting of such financial obligations for additional work from being conducted in a timely manner, the Government shall conduct an interim accounting of such financial obligations for additional work and furnish the Non-Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals and eminent domain proceedings are resolved, the Government shall amend the interim accounting of such financial obligations for additional work to complete the final accounting of such financial obligations for additional work and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. Such interim or final accounting, as applicable, shall determine the Government's total financial obligations for additional work and the Non-Federal Sponsor's contribution of funds provided thereto as of the date of such accounting. 19 Item # 27 Attachment number 1 Page 20 of 31 a. Should the interim or final accounting, as applicable, show that the Government's total financial obligations for additional work exceed the total contribution of funds provided by the Non-Federal Sponsor for such additional work, the Non-Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, Jacksonville" to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the Non-Federal Sponsor for additional work exceeds the Government's total financial obligations for such additional work, the Government, subject to the availability of funds, shall refund the excess amount to the Non-Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non-Federal Sponsor is due a refund and funds are not available to refund the excess amount to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. ARTICLE VII - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VIII - OPERATION, MAINTENANCE, REPAIR, REHABILITATION, AND REPLACEMENT (OMRR&R) A. Upon receipt of the notification from the District Engineer in accordance with Article II.D. of this Agreement and for so long as the Project remains authorized, the Non- Federal Sponsor, pursuant to Article II.E. of this Agreement, shall operate, maintain, repair, rehabilitate, and replace the entire Project or functional portion of the Project, at no cost to the Government. The Non-Federal Sponsor shall conduct its operation, maintenance, repair, rehabilitation, and replacement responsibilities in a manner compatible with the Project's authorized purposes and in accordance with applicable Federal and State laws as provided in Article XI of this Agreement and specific directions prescribed by the Government in the interim or final OMRR&R Manual and any subsequent amendments thereto. 20 Item # 27 Attachment number 1 Page 21 of 31 B. The Non-Federal Sponsor hereby gives the Government a right to enter, at reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor now or hereafter owns or controls for access to the Project for the purpose of inspection and, if necessary, for the purpose of completing, operating, maintaining, repairing, rehabilitating, or replacing the Project. If an inspection shows that the Non-Federal Sponsor for any reason is failing to perform its obligations under this Agreement, the Government shall send a written notice describing the non-performance to the Non-Federal Sponsor. If, after 30 calendar days from receipt of such written notice by the Government, the Non-Federal Sponsor continues to fail to perform, then the Government shall have the right to enter, at reasonable times and in a reasonable manner, upon property that the Non-Federal Sponsor now or hereafter owns or controls for the purpose of completing, operating, maintaining, repairing, rehabilitating, or replacing the Project. No completion, operation, maintenance, repair, rehabilitation, or replacement by the Government shall relieve the Non-Federal Sponsor of responsibility to meet the Non-Federal Sponsor's obligations as set forth in this Agreement, or to preclude the Government from pursuing any other remedy at law or equity to ensure faithful performance pursuant to this Agreement. ARTICLE IX - HOLD AND SAVE Subject to the provisions of Article XIX of this Agreement, the Non-Federal Sponsor shall hold and save the Government free from all damages arising from design, construction, operation, maintenance, repair, rehabilitation, and replacement of the Project and any betterments, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE X - MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement, the Government and the Non-Federal Sponsor shall develop procedures for keeping books, records, documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non-Federal Sponsor shall maintain such books, records, documents, or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books, records, documents, or other evidence were required. To the extent permitted under applicable Federal laws and regulations, the Government and the Non-Federal Sponsor shall each allow the other to inspect such books, records, documents, or other evidence. B. In accordance with 32 C.F.R. Section 33.26, the Non-Federal Sponsor is responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501- 7507), as implemented by Office of Management and Budget (OMB) Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the Non-Federal Sponsor 21 Item # 27 Attachment number 1 Page 22 of 31 and to the extent permitted under applicable Federal laws and regulations, the Government shall provide to the Non-Federal Sponsor and independent auditors any information necessary to enable an audit of the Non-Federal Sponsor's activities under this Agreement. The costs of any non-Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions ofOMB Circulars A-87 and A-133, and such costs as are allocated to the Project shall be included in total project costs and shared in accordance with the provisions of this Agreement. C. In accordance with 31 US.C. 7503, the Government may conduct audits in addition to any audit that the Non-Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total project costs and shared in accordance with the provisions of this Agreement. ARTICLE XI - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non-Federal Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 US.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto; Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army"; and all applicable Federal labor standards requirements including, but not limited to, 40 US.C. 3141-3148 and 40 US.C. 3701-3708 (revising, codifying and enacting without substantive change the provisions of the Davis-Bacon Act (formerly 40 US.C. 276a et seq.), the Contract Work Hours and Safety Standards Act (formerly 40 US.C. 327 et seq.) and the Copeland Anti-Kickback Act (formerly 40 US.C.276c)). ARTICLE XII - RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non-Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. In the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. 22 Item # 27 Attachment number 1 Page 23 of 31 ARTICLE XIII - TERMINATION OR SUSPENSION A. If at any time the Non-Federal Sponsor fails to fulfill its obligations under this Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this Agreement or suspend future performance under this Agreement unless he determines that continuation of work on the Project is in the interest of the United States or is necessary in order to satisfy agreements with any other non-Federal interests in connection with the Project. B. In the event future performance under this Agreement is suspended pursuant to Article II.C. of this Agreement, such suspension shall remain in effect until such time that the Government notifies the Non-Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total project costs and the Federal share of costs for data recovery activities associated with historic preservation in accordance with Article XVII.B.2. and Article XVII.B.3. of this Agreement the Government projects to be incurred through the then-current or upcomingfiscal year, or the Government or the Non-Federal Sponsor elects to terminate this Agreement. C. In the event that the Government and the Non-Federal Sponsor determine to suspend future performance under this Agreement in accordance with Article XIV.C. of this Agreement, such suspension shall remain in effect until the Government and the Non-Federal Sponsor agree to proceed or to terminate this Agreement. In the event that the Government suspends future performance under this Agreement in accordance with Article XIV.C. of this Agreement due to failure to reach agreement with the Non-Federal Sponsor on whether to proceed or to terminate this Agreement, or the failure of the Non- Federal Sponsor to provide funds to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under Article XIV.C. of this Agreement, such suspension shall remain in effect until: 1) the Government and Non- Federal Sponsor reach agreement on how to proceed or to terminate this Agreement; 2) the Non-Federal Sponsor provides funds necessary to pay for cleanup and response costs and otherwise discharges its responsibilities under Article XIV.C. of this Agreement; 3) the Government continues work on the Project; or 4) the Government terminates this Agreement in accordance with the provisions of Article XIV.C. of this Agreement. D. If after completion of the design portion of the Project the parties mutually agree in writing not to proceed with construction of the Project, the parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article VI.C. of this Agreement. E. In the event that this Agreement is terminated pursuant to this Article or Article XIV.C. of this Agreement, both parties shall conclude their activities relating to the Project and conduct an accounting in accordance with Article VI.C. of this Agreement. To provide for this eventuality, the Government may reserve a percentage of total Federal funds made available for the Project and an equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article II.B.2., Article II.C.2., and Article 23 Item # 27 Attachment number 1 Page 24 of 31 XVII.B.3. of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. F. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article or Article II.C. or Article XIV.C. of this Agreement shall not relieve the parties ofliability for any obligation previously incurred. Any delinquent payment owed by the Non-Federal Sponsor shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE XIV - HAZARDOUS SUBSTANCES A. After execution of this Agreement and upon direction by the District Engineer, the Non-Federal Sponsor shall perform, or ensure performance of, any investigations for hazardous substances that the Government or the Non-Federal Sponsor determines to be necessary to identify the existence and extent of any hazardous substances regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601-9675; hereinafter "CERCLA"), that may exist in, on, or under lands, easements, and rights-of-way that the Government determines, pursuant to Article III of this Agreement, to be required for construction, operation, and maintenance of the Project. However, for lands, easements, and rights-of-way that the Government determines to be subject to the navigation servitude, only the Government shall perform such investigations unless the District Engineer provides the Non-Federal Sponsor with prior specific written direction, in which case the Non-Federal Sponsor shall perform such investigations in accordance with such written direction. 1. All actual costs incurred by the Non-Federal Sponsor for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article X.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. 2. All actual costs incurred by the Government for such investigations for hazardous substances shall be included in total project costs and shared in accordance with the provisions of this Agreement. B. In the event it is discovered through any investigation for hazardous substances or other means that hazardous substances regulated under CERCLA exist in, on, or under any lands, easements, or rights-of-way that the Government determines, pursuant to Article III of this Agreement, to be required for construction, operation, and maintenance of the Project, the Non-Federal Sponsor and the Government, in addition to providing any other notice required by applicable law, shall provide prompt written notice to each other, and the 24 Item # 27 Attachment number 1 Page 25 of 31 Non-Federal Sponsor shall not proceed with the acquisition of the real property interests until the parties agree that the Non-Federal Sponsor should proceed. C. The Government and the Non-Federal Sponsor shall determine whether to initiate construction of the Project, or, if already in construction, whether to continue with construction of the Project, suspend future performance under this Agreement, or terminate this Agreement for the convenience of the Government, in any case where hazardous substances regulated under CERCLA are found to exist in, on, or under any lands, easements, or rights-of-way that the Government determines, pursuant to Article III of this Agreement, to be required for construction, operation, and maintenance of the Project. Should the Government and the Non-Federal Sponsor determine to initiate or continue with construction of the Project after considering any liability that may arise under CERCLA, the Non-Federal Sponsor shall be responsible, as between the Government and the Non-Federal Sponsor, for the costs of cleanup and response, including the costs of any studies and investigations necessary to determine an appropriate response to the contamination. Such costs shall not be considered a part of total project costs. In the event the Non-Federal Sponsor does not reach agreement with the Government on whether to proceed or to terminate this Agreement under this paragraph, or fails to provide any funds necessary to pay for cleanup and response costs or to otherwise discharge the Non-Federal Sponsor's responsibilities under this paragraph upon direction by the Government, the Government, in its sole discretion, may either terminate this Agreement for the convenience of the Government, suspend future performance under this Agreement, or continue work on the Project. D. The Non-Federal Sponsor and the Government shall consult with each other in accordance with Article V of this Agreement in an effort to ensure that responsible parties bear any necessary cleanup and response costs as defined in CERCLA. Any decision made pursuant to paragraph C. of this Article shall not relieve any third party from any liability that may arise under CERCLA. E. As between the Government and the Non-Federal Sponsor, the Non-Federal Sponsor shall be considered the operator of the Project for purposes of CERCLA liability. To the maximum extent practicable, the Non-Federal Sponsor shall operate, maintain, repair, rehabilitate, and replace the Project in a manner that will not cause liability to arise under CERCLA. ARTICLE XV - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class, registered, or certified mail, as follows: 25 Item # 27 Attachment number 1 Page 26 of 31 If to the Non-Federal Sponsor: Mayor City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33756 If to the Government: District Engineer Jacksonville District U.S. Army Corps of Engineers P.O. Box 4970 Jacksonville, Florida 32232 B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XVI - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XVII - HISTORIC PRESERVATION A. The Government, as it determines necessary for the Project, shall perform any identification, survey, or evaluation of historic properties. Any costs incurred by the Government for such work shall be included in total project costs and shared in accordance with the provisions of this Agreement. B. The Government, as it determines necessary for the Project, shall perform or ensure the performance of any mitigation activities or actions for historic properties or that are otherwise associated with historic preservation including data recovery activities. 1. Any costs incurred by the Government for such mitigation activities, except for data recovery activities associated with historic preservation, shall be included in total project costs and shared in accordance with the provisions of this Agreement. 26 Item # 27 Attachment number 1 Page 27 of 31 2. As specified in Section 7(a) of Public Law 86-523, as amended by Public Law 93-291 (16 U.S.C. 469c(a)), the costs of data recovery activities associated with historic preservation shall be borne entirely by the Government and shall not be included in total project costs, up to the statutory limit of one percent of the Section 206 Project Limit. 3. The Government shall not incur costs for data recovery activities associated with historic preservation that exceed the statutory one percent limit specified in paragraph B.2. of this Article unless and until the Assistant Secretary of the Army (Civil Works) has waived that limit and the Secretary of the Interior has concurred in the waiver in accordance with Section 208(3) of Public Law 96-515, as amended (16 U.S.C. 469c- 2(3)). Any costs of data recovery activities associated with historic preservation that exceed the one percent limit shall not be included in total project costs but shall be shared between the Non-Federal Sponsor and the Government consistent with the cost sharing requirements for aquatic ecosystem restoration, as follows: 35 percent will be borne by the Non-Federal Sponsor and 65 percent will be borne by the Government. C. If, during its performance of relocations or construction of improvements required on lands, easements, and rights-of-way to enable the disposal of dredged or excavated material in accordance with Article III of this Agreement, the Non-Federal Sponsor discovers historic properties or other cultural resources that have not been evaluated by the Government pursuant to this Article, the Non-Federal Sponsor shall provide prompt written notice to the Government of such discovery. The Non-Federal Sponsor shall not proceed with performance of the relocation or construction of the improvement that is related to such discovery until the Government provides written notice to the Non-Federal Sponsor that it should proceed with such work. ARTICLE XVIII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this Agreement. ARTICLE XIX - OBLIGATIONS OF FUTURE APPROPRIATIONS A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the City Council of the City of Clearwater, Florida, where creating such an obligation would be inconsistent with Chapter 166 of the Statutes of Florida. B. The Non-Federal Sponsor intends to fulfill its obligations under this Agreement. The Non-Federal Sponsor shall include in its budget request or otherwise propose appropriations of funds in amounts sufficient to fulfill these obligations for that 27 Item # 27 Attachment number 1 Page 28 of 31 year, and shall use all reasonable and lawful means to secure those appropriations. The Non-Federal Sponsor reasonably believes that funds in amounts sufficient to fulfill these obligations lawfully can and will be appropriated and made available for this purpose. In the event funds are not appropriated in amounts sufficient to fulfill these obligations, the Non-Federal Sponsor shall use its best efforts to satisfy any requirements for payments or contributions of funds under this Agreement from any other source of funds legally available for this purpose. Further, if the Non-Federal Sponsor is unable to fulfill these obligations, the Government may exercise any legal rights it has to protect the Government's interests related to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the District Engineer. DEP ARTMENT OF THE ARMY CITY OF CLEARWATER, FLORIDA BY: BY: Paul L. Grosskruger Colonel, U. S Army District Engineer Frank Hibbard Mayor DATE: DATE: 28 Item # 27 Attachment number 1 Page 29 of 31 CERTIFICATE OF AUTHORITY I, Pamela K. Akin, do hereby certify that I am the principal legal officer of the City of Clearwater, Florida, that the City of Clearwater, Florida is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Clearwater, Florida in connection with the Stevenson Creek Estuary Aquatic Ecosystem Restoration Proj ect, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement, as required by Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended (42 U.S.C. 1962d-5b), and that the persons who have executed this Agreement on behalf of the City of Clearwater, Florida have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20 Pamela K. Akin City Attorney City of Clearwater, Florida 29 Item # 27 Attachment number 1 Page 30 of 31 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Frank Hibbard Mayor City of Clearwater, Florida DATE: 30 Item # 27 CERTIFICATE OF LEGAL REVIEW The Project Partnership Agreement for the Stevenson Creek Estuary Aquatic Ecosystem Restoration Project has been fully reviewed by the Office of Counsel, USAED, Jacksonville, and is legally sufficient. District Counsel 31 Attachment number 1 Page 31 of 31 Item # 27 Attachment number 2 I~ IVA ST SEDEEVA CIR c=J CJ w ~ Restoration SEDEEVA ST Project SEDEEVA CIR S BE SUNNYDALE DR 10 ALOHA 0 ~I ]0) C) w w z <( ~ ~ o SHERIDAN ~ z w I 18 I 0 RD CR-576 ~ 0 w 0 ~ 0:: i= ro (9 POINT 0:: z 0:: w 0:: z > 0:: 0 0 0.. 0 <( 0) i= w z VISTA WAY 0 w z > w <( ~ --l Z W w CALUMET ~ z ~I --l 0:: VENETIAN 6) 0::1 III NOKOMIS LEBEAU CAROLYN 0 ~I I~I IROQUOIS 5 PRINCESS 0)1 I OSAGE I~ PLEASANT -8~ MOHAWK ~ I j ~ ~ 0 CT PAl 0 Aw {JG{J~I ;~RMONT Q $ MINNE c:P MARSHALL MARSHALL 8T , , : I GRANT ST I D D D D ~ Clearwater N Stevenson Creek Estuary Aquatic W~E u~ Ecosystem Restoration Project ~ Prepared by: Engineering Department S Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 I Reviewed By: ES I Date: 7/29/2008 I Grid #: 260A I S- T-R: 03-29s-15e ne m #27 Ph: (727)562-4750, Fax: (727)526-4755 Map Gen By: SF Scale: 1"=600' www.MyClearwater.com Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Declare as surplus Pasco County real property identified as Parcel 32-25-16-0040-00COO-0040 and authorize advertising said property for bid pursuant to Invitation For Bid 34-08 in the minimum amount of $650,000 net, less costs of recording corrective instruments, if any, adopt Resolution 08-18 and authorize appropriate officials to execute same, SUMMARY: The Clearwater Gas System ("CGS") purchased the subject property addressed at 7240 US, Highway 19, New Port Richey, Florida on September 22, 1995, for $275,000 to establish a Service Center (the "Center") in western Pasco County, CGS closed the Center on May 29, 2008 to reduce duplication of personnel and save approximately $208,000 in annual expenses, as the CGS service area has shifted easterly with more of its growth occurring in the Land 0' Lakes area of central Pasco, The Center was purchased with proceeds from sale of Gas System Revenue Bonds Series 1996k The Bond Covenant requires the City obtain an opinion from a Consulting Engineer that disposal of certain CGS property is in the best interest of the CGS prior to declaring the property surplus and offering it for sale, In a Certificate dated July 16,2008, Black & Veatch Corporation, the CGS Consulting Engineer, certified the disposal of the subject property is in the beneficial interest of CGS and within the terms of the Bond Covenant The Bond Covenant further requires the City Manager or other duly authorized officer in charge make a written finding that such property comprising a part of the CGS is no longer necessary, useful, or profitable in the operation thereof Chuck Warrington, Managing Director of CGS made such written determination on July 17, 2007, in form approved by the City Manager, In further compliance with Section 5,01 (d)(5) of the City Charter two current appraisals were obtained to value CGS' s fee interest in the property, An appraisal performed by Colliers Arnold Valuation Services dated June 5, 2008 valued the property at $650,000, A second appraisal performed by James M, Millspaugh, MAl, on June 26, 2008 valued the property at $435,000, The Colliers Arnold appraisal is deemed to be more representative of the current market based on use of more current sales data, Invitation For Bid 34-08 has been prepared establishing the minimum bid amount of $650,000 net, less costs of recording corrective instruments, if any as determined above, Pending receipt of the most responsive bid complying with requirements of the declaration of surplus, and upon development and closing of a Sale and Purchase Agreement acceptable to Council, all sale proceeds of the subject CGS property will be deposited into a debt service account used only for the purpose of retiring the Series 1996A Bonds that funded the original purchase, Review Approval: 1) Clerk Cover Memo Item # 28 Attachment number 1 Page 1 of 2 RESOLUTION 08 - 18 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA ("CITY"), FINDING THAT PASCO COUNTY REAL PROPERTY, TAX LD, NO 32-25-16-0040-00COO-0040, COMPRISING A PART OF THE CLEARWATER GAS SYSTEM ("SYSTEM"), IS NO LONGER NECESSARY, USEFUL AND PROFITABLE IN THE CLEARWATER GAS SYSTEM OPERATION, FINDING THAT IT IS IN THE BEST INTERESTS OF THE SYSTEM THAT SUCH PROPERTY BE DISPOSED OF, DECLARE SAID PROPERTY AS SURPLUS FOR THE PURPOSE OF ADVERTISING FOR BID IN THE MINIMUM AMOUNT OF $650,000 NET, LESS COSTS OF RECORDING CORRECTIVE INSTRUMENTS, IF ANY PER BID NUMBER 34-08; PROVIDING AN EFFECTIVE DATE WHEREAS, the City Manager has made a written determination that the herein described real property, comprising a part of the System, is no longer necessary, useful or profitable in the operation thereof; and, WHEREAS, Black & Veatch Corporation, Consulting Engineer for the System has made a finding that it is in the best interests of the System that such property be disposed of; and, WHEREAS, the System has obtained through Colliers Arnold Valuation Services, Inc, a current fair market valuation of the City's fee simple interest in said property of $650,000 as of June 5,2008; and, WHEREAS, Section 5,01 (d)(5) of the City Charter requires that said property be declared surplus and no longer needed for municipal use, and that upon being declared surplus said real property shall be sold to the party submitting the highest competitive bid above the appraised value whose bid meets the terms set by Council; and, WHEREAS, Invitation For Bid No, 34-08 has been prepared to Advertise For Bid on said property in the minimum amount of $650,000 net, less costs of recording corrective instruments, if any; and, WHEREAS, the findings of the City Manger and the Consulting Engineer and the valuation determination by Colliers Arnold Valuation Services, Inc, with respect to said property, all having been duly considered; Item # 28 Attachment number 1 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1, That Council does hereby approve and concur in the findings of its City Manager that the subject property is no longer necessary, useful or profitable in the operation of the System, Section 2, That Council does hereby approve and concur in the findings of Black & Veatch Corporation, Consulting Engineer, that it is in the best interest of the System that such property be disposed of Section 3, That Council does hereby declare the subject property as surplus and no longer needed for municipal use, and hereby authorizes it be advertised for bid in accordance with Invitation For Bid 34-08 in accordance with provisions of Section 5,01 (d)(5) of the City Charter, Section 6, This resolution shall take effect immediately upon adoption, PASSED AND ADOPTED this day of ,2008, Frank V, Hibbard, Mayor Approved as to form: Attest: Laura Lipowski, Asst City Attorney Cynthia E Goudeau, City Clerk 2 Item # 28 Attachment number 2 Page 1 of 12 ~ Clearwater - u SUBlECT: INVITATION FOR BID 34-08 SALE OF SURPLUS PROPERTY PROPERTY: 1.005-ACRE COMMERCIAL PARCEL & 3432 S. F. OFFICE/WAREHOUSE ISSUE DATE: AUGUST 25, 2008 MAIL BID TO: CITY OF CLEARWATER PURCHASING DIVISION P. O. BOX 4748 CLEARWATER, FL. 33758-4748 DELIVER BID TO: CITY OF CLEARWATER PURCHASING DIVISION 100 SOUTH MYRTLE AVENUE CLEARWATER, FL. 33756 BID MUST BE RECEIVED NOT LATER THAN: THURSDAY SEPTEMBER 18, 2008 - 10:00 A.M. THURSDAY SEPTEMBER 18, 2008 - 11:00 A.M. BID OPENING: NOTE: BID MAY NOT BE WITHDRAWN WITHIN 60 DAYS AFTER SUCH TIME AND DATE. Item #:128 Attachment number 2 Page 2 of 12 CLEARWATER GAS SYSTEM SERVICE CENTER 7240 US HIGHWAY 19 NEW PORT RICHEY. FLORIDA DATE OF PHOTOGRAPHS: JUNE 26,2008 FRONT VIEW FROM US HIGHWAY 19 SIDE/BACK VIEW FROM COURT DRIVE Item #728 Attachment number 2 Page 3 of 12 CLEARWATER GAS SYSTEM SERVICE CENTER 7240 US HIGHWAY 19 NEW PORT RICHEY. FLORIDA DATE OF PHOTOGRAPHS: JUNE 26,2008 US HIGHWAY 19 STREET SCENE LOOKING NORTH. SUBJECT ON RIGHT COURT DRIVE STREET SCENE LOOKING NORTH, SUBJECT ON LEFT Item #32.8 Attachment number 2 Page 4 of 12 INVITATION FOR BID 34-08: INFORMATION PACKAGE THE INFORMATION CONTAINED HEREIN IS PROVIDED TO PROSPECTIVE BIDDERS OF SURPLUS REAL PROPERTY OFFERED FOR SALE BY THE CITY OF CLEARWATER, FLORIDA (HEREIN, "CITY"), LEGALLY DESCRIBED AS: JASMIN COURT, Plat Book 6, Page 51, Lots 4,5,6 & also a portion of Lots 7, 12, 13, 14, 15, 16 and 17, Block C, being further described as follows: Commence at the NE corner of said Lot 4 for a POINT OF BEGINNING; thence along the West RIW line of Court Drive SOoo39'W, 212.25 feet; thence S88020'48"W, 106.02 feet; thence S02031'28"W, 42.00 feet; thence N88041'28"W, 80.00 feet to the East RIW line of SR No. 44 (US Hwy 19); thence along said East R1W line NOoo20'W, 256.66 feet; thence N89032'22"E, 107.89 feet to the East boundary line of Lot 17; thence along the East boundary line SOoo07'45"E, 2.37 feet to the NW corner of said Lot 4; thence N89047'40"E, 80.00 feet to the POINT OF BEGINNING. (Per O.R. Book 3478, Page 1702, Public Records of Pasco County, Florida) SITE ANALYSIS PLOT SIZE: IMPROVEMENTS: 1,005 Acres, (MOL) PROPERTY IS IMPROVED WITH A 3,452 SQUARE FOOT STEEL FRAME OFFICE/WAREHOUSE BUILT IN 1974; DEMISED INTO 1,720 S, F, OF UNFINISHED SHOP SPACE, 1,232 S, F, AS SHOWROOM/OFFICE AND AN APPROXIMATE 500 S,F, MEZZANINE WITH LOW CEILING HEIGHT TOPOGRAPHY: PROPERTY IS MOSTLY PAVED, LEVEL AND ABOVE ROAD GRADE ZONING: THE PARCEL IS LOCATED IN CITY OF NEW PORT RICHEY, FLORIDA, ZONING DISTRICT HC (HIGHWAY COMMERCIAL) WITH COMPATIBLE LAND USE DESIGNATION UTILITIES: ALL NECESSARY UTILITIES AND GOVERNMENT SERVICES ARE AVAILABLE TO SUPPORT THE EXISTING SITE AND SITE IMPROVEMENTS FLOOD MAP: PARCEL LOCATED IN FLOOD ZONE A-13, FLOOD HAZARD AREA, FLOOD MAP COMMUNITY PANEL NUMBER#1202320001D, MAP REVISED 7/5/1983 TAX AREA 60NP/21, 1452 MILLS, UNDER PRIVATE TAXABLE OWNERSHIP 2008 GROSS TAXES WOULD BE $8,594 ON ASSESSED VALUATION OF $381,082, MILLAGE DISTRICT, MILLAGE RATE, 2008 GROSS TAXES: Item #428 Attachment number 2 Page 5 of 12 MINIMUM BID AMOUNT: $650,000 - NET, LESS COSTS OF RECORDING CORRECTIVE INSTRUMENTS, IF ANY RIGHTS RESERVED: THE CITY OF CLEARWATER RESERVES THE RIGHT TO REJECT ALL BIDS, CONTRACT FORM: CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA (SEE "***DRAFT ONL Y***" ATTACHED) PROPERTY PHOTOGRAPHS, BID RESPONSE FORM FOR FURTHER INFORMATION OTHER EXHIBITS CONTACT: EARL BARRETT, REAL ESTATE SERVICES MGR CLEARWATER MUNICIPAL SERVICES BUILDING 100 SOUTH MYRTLE AVENUE, SUITE 220 CLEARWATER, FLORIDA 33756 PHONE/FAX: (727) 562-4754 (727) 562-4755 *DISCLAIMER* ALL INFORMATION CONTAINED HEREIN HAS BEEN OBTAINED FROM SOURCES DEEMED RELIABLE. NONE OF THE INFORMATION, HOWEVER, IS WARRANTED BY THE CITY OF CLEARWATER, ITS EMPLOYEES, AGENTS, CONTRACTORS, OR ANYONE ACTING BY, FOR OR ON BEHALF OF THE CITY OF CLEARWATER. ANY BIDDER WHO SUBMITS A BID TO THE CITY OF CLEARWATER PURCHASING DEPARTMENT PURSUANT TO INFORMATION, TERMS, CONDITIONS AND RESERVATIONS CONTAINED HEREIN, SHALL BE DEEMED TO HAVE INDEPENDENTLY VERIFIED TO HIS OR HER SATISFACTION ALL INFORMATION UPON WHICH THE BIDDER IS RELYING IN MAKING SUCH SUBMITTAL. A BID SUBMITTAL IN NO WAY OBLIGATES THE CITY OF CLEARWATER TO ACCEPT SUCH BID, NOR DOES SUCH BID SUBMITTAL REPRESENT ANY OBLIGATION ON THE PART OF THE CITY TO ENTER INTO A PURCHASE & SALE CONTRACT WITH ANY BIDDER EXCEPT AS DETERMINED SOLELY BY THE CITY. ANY PURCHASE & SALE CONTRACT DEVELOPED BY MUTUAL AGREEMENT BETWEEN A SUCCESSFUL BIDDER AND THE CITY, THROUGH THE CITY'S EMPLOYEES, AGENTS, CONTRACTORS OR DESIGNEES, SHALL HAVE NO LEGAL VALIDITY UNTIL SUCH TIME AS IT HAS BEEN APPROVED AND ACCEPTED BY THE CLEARWATER CITY COMMISSION IN A REGULARLY SCHEDULED PUBLIC MEETING AND EXECUTED BY DULY AUTHORIZED CITY OFFICIALS. Item #~8 Attachment number 2 Page 6 of 12 ***DRAFT ONL Y*** CONTRACT FOR SALE OF REAL PROPERTY BY THE CITY OF CLEARWATER, FLORIDA PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Seller" or "City"), p, 0, Box 4748, Clearwater, Florida 33758-4748, ATTENTION: City Manager, Phone: (727) 562-4050, and (herein "Buyer"), of , Florida _, Phone: L) , (collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions, THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS, TIME IS OF THE ESSENCE IN THIS CONTRACT, Time periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M. of the next business day. 1. PROPERTY DESCRIPTION JASMIN COURT, Plat Book 6, Page 51, Lots 4, 5, 6 & also a portion of Lots 7, 12, 13, 14, 15, 16 and 17, Block C, being further described as follows: Commence at the NE corner of said Lot 4 for a POINT OF BEGINNING; thence along the West RIW line of Court Drive SOoo39'W, 212.25 feet; thence S88020'48"W, 106.02 feet; thence S02031'28"W, 42.00 feet; thence N88041'28"W, 80.00 feet to the East RIW line of SR No. 44 (US Hwy 19); thence along said East RIW line NOoo20'W, 256.66 feet; thence N89032'22"E, 107.89 feet to the East boundary line of Lot 17; thence along the East boundary line SOoo07'45"E, 2.37 feet to the NW corner of said Lot 4; thence N89047'40"E, 80.00 feet to the POINT OF BEGINNING. (Per O.R. Book 3478, Page 1702, Public Records of Pasco County, Florida STREET ADDRESS (City/State/Zip): 7240 US Highway 19, New Port Richey, Florida 34652 PERSONALTY: None to be conveyed 2. FULL PURCHASE PRICE "'"'''''''''''''''''''''''''''''''''''''' " , '" '" '" '" '" """" '" "",$ 3. MANNER OF PAYMENT Total amount to be paid at closing in U,S, funds, cash, certified or cashier's check, subject to adjustments and prorations""""""" """ """ """ ",,$ 4. TIME FOR ACCEPTANCE Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval, or rejection by action of the Clearwater City Council ("Council"), If this agreement is accepted and approved by the Council, it will be executed by duly authorized City officials and delivered to Buyer within 15 days thereafter, If the Council upon initial presentation rejects this contract, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action, Item #t2.8 Attachment number 2 Page 7 of 12 5. TITLE Seller shall convey marketable title to the Property by Special Warranty Deed, subject only to matters contained in Paragraph 6 and those otherwise accepted by Buyer, Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing, if any; covenants, restrictions and public utility easements of record; and no others; provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property infill residential development 6. TITLE EVIDENCE Buyer may, at Buyer expense and within 10 days prior to closing date obtain a title insurance commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing, Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or qualifications set forth in this Contract Marketable title shall be determined according to applicable Title Standards adopted by The Florida Bar and in accordance with law, Buyer shall have 5 days from receiving evidence of title to examine it If title is found defective, Buyer shall, within 3 days thereafter, notify Seller in writing specifying defect(s), If the defect(s) render title unmarketable, Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefore, including the bringing of necessary suits, 7. CERTAIN RIGHTS RESERVED As required by Section 270,11, Florida Statutes, the Seller reserves unto itself and its successors an undivided three-fourths (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the phosphate, minerals, and metals that are or may be in, on or under the real property described herein, and an undivided one-half (1/2) interest in all the petroleum that is or may be in, on, or under said property with the privilege to mine and develop the same, If the real property beinq conveyed hereunder is less than 20 contiquous acres, is presently developed and/or there exists future development plans, and there is little likelihood of the presence of any of the minerals or petroleum contemplated by Section 270,11, Florida Statutes, in all such instances the City expressly releases the above described riqhts, Buyer petition for such release is evidenced by execution of this contract 8. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land surveyor, If survey shows any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect NOTICE: Parcel is located within Special Flood Hazard Area "A-13", Community Flood Map Panel #1202320001D (07/05/1983) 9. CLOSING PLACE AND DATE Seller shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before 30 days following Effective Date, unless extended by other provisions of this contract If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 45 days without effect upon any other term, covenant or condition contained in this contract 10. CLOSING DOCUMENTS Seller shall furnish deed, bill of sale, mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as applicable to this transaction, Buyer shall furnish closing statement Item #72.8 Attachment number 2 Page 8 of 12 11. CLOSING EXPENSES Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under Chapter 20124, Florida Statutes, shall be paid by the Buyer, Seller shall pay the costs of recording any corrective instruments, 12. PRORATIONS; CREDITS If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such expenses and revenue shall be prorated through the day before closing, If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions, Any deposits held by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing, Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller, 13. PROPERTY CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition, Seller makes no warranties other than as disclosed herein and marketability of title, Buyer's covenant to purchase the Property "as is" is more specifically represented in either subparagraph a, or b, as marked [Xl, a, [ 1 As Is: Buyer has inspected the Property or waives any right to inspect and accepts the Property in its present "as is" condition, b, [Xl As Is With Right of Inspection: Buyer may, at Buyer expense and within 28 days from Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use, Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk, Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations, Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions that are reasonably unsatisfactory to Buyer, unless Seller elects to repair of otherwise remedy such conditions to Buyer satisfaction, If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition, 14. SELLER HELD HARMLESS Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, costs, including attorney's fees, claims of injury to or death of any person(s), any damage to property of Buyer, or the Property, and from and against any and every liability to any person arising from Buyer conduct of inspections, investigations and any other work performed pursuant to Paragraphs 8 and 13 above, 15. RISK OF LOSS [WHERE APPLICABLE) If the Property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing, If the cost of restoration exceeds 3% of the assessed valuation of the improvements so damaged, Buyer shall have the option of taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract 16. PROCEEDS OF SALE; CLOSING PROCEDURE The deed shall be recorded upon clearance of funds, Proceeds of sale shall be held in escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and Item #t28 Attachment number 2 Page 9 of 12 after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the date of the last title evidence, If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such notification to cure the defect If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to Seller by special warranty deed, If Buyer fails to make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in the deed, The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627,7841, F,S, (1987), as amended, 17. DEFAULT If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the deposit(s) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under this contract; or Seller, at Seller option, may proceed in equity to enforce Seller's rights under this contract If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect to receive the return of Buyer deposit(s) without thereby waiving any action for damages resulting from Seller's breach, 18. RADON GAS NOTIFICATION RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time, Levels of radon that exceed federal and state guidelines have been found in buildings in Florida, Additional information regarding radon and radon testing may be obtained from your county public health unit 19. CONTRACT NOT RECORDABLE: PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records, This contract shall bind and inure to the benefit of the parties and their successors in interest Whenever the context permits, singular shall include plural and one gender shall include all, 20. NOTICE All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract 21. ASSIGNABILITY: PERSONS BOUND This contract is [ ] assignable [ ] not assignable, The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural, This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted), 22. ATTORNEY FEES: COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorney's fees and costs, 23. NO BROKER Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hereby, Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined Item #~8 Attachment number 2 Page 10 of 12 that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F,S, 76828, 24. TYPEWRITTEN OR HANDWRITTEN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them, 25. EFFECT OF PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to affect the validity of any other provision, In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision, 26. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida, 27. COUNTERPARTS; FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original, 28. SPECIAL CLAUSES [ ] Not applicable, OR [ ] An Addendum containing special clauses that constitute agreements and covenants between the parties is attached to and an integral part of this contract and without further acknowledgment is confirmed and accepted by the parties, When any special clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shall govern, 29. MERGER BY DEED All covenants, warranties, and representations contained herein shall merge with the deed at time of closing, Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter, 30. ENTIRE AGREEMENT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or condition in respect thereto, All prior negotiations, agreements, memoranda and writings shall be merged herein, Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto, THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. BUYER: (Insert Name) Date: ,2008, By: Print Name Title Item #C2.8 APPROVED AND ACCEPTED THIS _ day of Countersigned: Frank V, Hibbard, Mayor Approved as to form: Laura Lipowski, Assistant City Attorney Attachment number 2 Page 11 of 12 ,2008, CITY OF CLEARWATER, FLORIDA By: William B, Horne, II, City Manager ATTEST: Cynthia E, Goudeau, City Clerk Item #:128 Attachment number 2 Page 12 of 12 BID RESPONSE FORM (34 - 081, ITEM NO. QUANTITY PROPERTY DESCRIPTION BID AMOUNT 1. ON E #32-25-16-0040-00COO-0040 7240 US HIGHWAY 19 NEW PORT RICHEY, FLORIDA Lots 4-6 & part of Lots 7, 12-17; Block C, JASMIN COURT, per Plat Book 6, Page 51, Pasco County, Florida $ FOR QUESTIONS REGARDING THIS BID. CONTACT: EARL BARRETT - REAL ESTATE SERVICES MANAGER PHONE: (727) 562-4754 FAX: (727) 562-4755 F. O. B. CLEARWATER, FLORIDA BIDDER REPRESENTATION I represent that this bid is submitted in compliance with all terms, conditions, specifications and other bid criteria of the INVITATION FOR BID and that I am submitting this bid on my own behalf or am authorized by the prospective owners/principals to execute and submit this bid on behalf of the entities identified below: INDIVIDUAL OR BUSINESS NAME FEDERAL IDENTIFICATION NO. (IF APPLICABLE) STREET ADDRESS CITY/STATE/ZIP PRINT/TYPE NAME OF AUTHORIZED REPRESENTATIVE (if applicable) SIGNATURE OF AUTHORIZED REPRESENTATIVE (if applicable) DATE BID SUBMITTED TELEPHONE NUMBER SUBMITTAL INSTRUCTIONS 1. RETURN "BID RESPONSE FORM" ONLY. 2. ADDRESS TO PURCHASING DIVISION AS SHOWN ON BID COVER PAGE 3. IDENTIFY "RESPONSE: INVITATION FOR BID 34-08" ON ENVELOPE Item #228 Attachment number 3 Page 1 of 1 LOCATOR MAP CGS SERVICE CENTER - 7240 U. S. HWY. 19. NEW PORT RICHEY (200m I i C600 ft I! Attachment number 4 Page 1 of 1 AERIAL LOCATOR MAP CGS SERVICE CENTER - 7240 U. S. HWY. 19. NEW PORT RICHEY J-\UdL,;fllllt::I1L ffUIII!.. Page 1 of 1 s. Director of Clearwater Gas 400 North Florida 33755 Re: Certificate of the Dear 1\11', and discussed with The & Veatch is in the beneficial interest of the Ihal is based information within the terms of the Bond Covenant. the and reliable the yours, BLAC K & CORPORA nON Dated: Item # 28 Jl]ac~ Corporatio" 114(J1 Lamar /\\'~IlLlC Overla"d ParK. KS To: William II, Chuck Director Date: 7, 2008 Pasco Clearwater Gas Port Fl 34652, desires to sell its located at 7302 s. 9, New closed its Pasco This will have a determined that this office/warehouse is no to the sites the Pinellas warehouse and can also while to at a We which from will not be The economic downturn and process the Pasco and costs. central Pasco on review of costs were the factors in the decision Service Center, the Service Center reduced of our Pasco service area has shifted more to the east with more of our Land 0' Lakes which is another consideration for this site. with the and bond tax law we have determined that the Pasco Service Center necessary, or in the of the Clearwater Gas Black & Veatch a has certified of the is in the beneficial interest of the Gas Two real estate have been obtain in accordance with one from Colliers Arnold Valuation Inc. in the amount of and a second from James M MAl the amount We have reviewed both and believe the former to be based on more current sales data more of the market and are a Council recommendation to go to bid on the based on a minimum sales Proceeds from the sale of this will be purpose of the which made the to status of the into a debt service account used for This is a in order for the Recommended: CSW/rb Item # 2 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve a Utility Work By Highway Contractor Agreement (Lump Sum) with the State of Florida's Department of Transportation to install natural gas mains during improvement project, FPN: 256881-1-56-07/Pinellas County, SR55 (US 19) from North of Whitney to South of Seville, at an estimated cost of $70,576,00, adopt Resolution 08-19 and authorize the appropriate officials to execute same, SUMMARY: The Florida Department of Transportation (FDOT) has a project to widen/improve SR55 (US 19) from North of Whitney to South of Seville including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas facilities which conflict with the design, Under the Utility Work By Highway Contractor Agreement (UWHCA - Lump Sum), the State of Florida's Department of Transportation general contractor will perform the relocation of existing natural gas mains, Having the State of Florida's Department of Transportation general contractor install the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments, Funding for this agreement is available in capital project 315-96377 - Pinellas New Mains and Service Lines, Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 70,576,00 70,576,00 2007 to 2008 Annual Operating Cost: Total Cost: 70,576,00 70,576,00 Appropriation Code 315-96377 Amount 70,576,00 Appropriation Comment Pinellas New Mains & Service Lines Review Approval: 1) Clerk Cover Memo Item # 29 Attachment number 1 Page 1 of 1 RESOLUTION NO. 08-19 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE EXECUTION OF A UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING RELOCATION OF NATURAL GAS MAINS FOR THE IMPROVEMENT PROJECT FOR STATE ROAD SR55 (US19) FROM NORTH OF WHITNEY TO SOUTH OF SEVILLE; PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida Department of Transportation (FDOT) has a project to widen/improve State Road 55 (US 19) from North of Whitney to South of Seville including roadway, sidewalk, other improvements and utilities to include those existing Clearwater Gas System facilities which conflict with the design; and WHEREAS, under the Utility Work By Highway Contractor Agreement, the FDOT's general contractor will perform the relocation of existing natural gas mains; and WHEREAS, having FDOT's general contractor relocate the natural gas mains allows for the work to be done in a timely manner and releases Clearwater Gas System from penalty payments; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1, The City Council hereby accepts and approves the Utility Work By Highway Contractor Agreement between the City and the State of Florida Department of Transportation, identified as Utility Work By Highway Contractor Agreement, Financial Project ID 256881-1-56-07, a copy of which is attached as Exhibit A Section 2, The City Council hereby authorizes the Mayor and City Manager to sign the Utility Work By Highway Contractor Agreement described in this resolution and associated documents, Section 3, This resolution shall take effect immediately upon adoption, PASSED AND ADOPTED this day of ,2008, Frank Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E Goudeau City Clerk , Item # 29 Resolution No, 06-U;; Attachment number 2 Page 1 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM) 10104 Financial Project ID: 256881-1-56-07 Federal Project ID: N/A County: Pinellas State Road No.: 55 District Document No: Utility Agency/Owner (UAO): Clearwater Gas Systems, Inc. THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and Clearwater Gas Systems, Inc., hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as US 19 from N, of Whitney Road to S, of Seville, State Road No, 55, hereinafter referred to as the "Project"; and WHEREAS, the Project requires minor modifications to the Facilities orthe FDOT's design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work," and full plans and technical specifications for the Utility Work are not required; and WHEREAS, the FDOT will perform the Utility Work as part of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work a, The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT's construction of the Project The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate, b, All location, protection, relocation, adjustment, or removal of the UAO's Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement 2. Cost of Utility Work a, The UAO will, at least fourteen M) calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FDOT the amount of $ 70,576 for the cost of the Utility Work, Said amount will be deposited into the State Transportation Trust Fund, b, The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent (10%) to cover the UAO's obligation forthe cost of the Utility Work as set forth in Section 337A03(1)(b), Florida Statutes, Page 1 of 5 Item # 29 Attachment number 2 Page 2 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Form No. 710-010-57 UTILITIES 10104 c, Except for costs associated with any changes or additions to the Utility Work, the FOOT and the UAO agree that the deposit shall be an asset of the FOOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of the deposit d, Pursuant to Section 337A03(1)(b), Florida Statutes, no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions, To the extent that the amount stated in Subparagraph 2,a, above exceeds the amount of the FOOT contractor's bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions, All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337,11 (8), Florida Statutes, 3. Oefault a, In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following options, provided that at no time shall the FOOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FOOT. (2) Pursue a claim for damages suffered by the FOOT (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT property if the breach is material and has not been cured within 60 days from written notice thereof from FOOT until such time as the breach is cured, (4) Pursue any other remedies legally available, (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337A03(3), Florida Statutes, b, In the event that the FOOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO, (2) Pursue any other remedies legally available, c, Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof 4. Indemnification FOR GOVERNMENT-OWNEO UTILITIES: To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties Page 2 of 5 Item # 29 Attachment number 2 Page 3 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Form No. 710-010-57 UTILITIES 10104 may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FOOT will immediately forward the claim to the UAO, The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim, After reviewing the claim, the FOOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FOOT in such claim as described in this section, The FOOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section, The FOOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any, However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, FOR NON-GOVERNMENT-OWNEO UTILITIES: The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement The UAO's obligation to indemnify, defend, and pay forthe defense or at the FOOT's option, to participate and associate with the FOOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FOOT's notice of claim for indemnification to the UAO, The notice of claim for indemnification shall be served by certified mail, The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FOOT is solely negligent Only a final adjudication or judgment finding the FOOT solely negligent shall excuse performance of this provision by the UAO, The UAO shall pay all costs and fees related to this obligation and its enforcement by the FOOT The FOOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend, 5. Force Majeure Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreementto the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible, 6. Miscellaneous a, To the Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities, b, Pursuant to Section 287,058, Florida Statutes, the FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement Page 3 of 5 Item # 29 Attachment number 2 Page 4 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Form No. 710-010-57 UTILITIES 10104 c, This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FOOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FOOT may have entered into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project Copies of FOOT manuals, policies, and procedures will be provided to the UAO upon request d, This Agreement shall be governed by the laws of the State of Florida, Any provision hereoffound to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof e, Time is of essence in the performance of all obligations under this Agreement f All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided, The UAO shall have a continuing obligation to notify each District of the FOOT of the appropriate persons for notices to be sent pursuant to this Agreement Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: ML Bruce Griffin Clearwater Gas System, lnc, 400 Myrtle Avenue Clearwater, Fl 33755 727 -562-4900 If to the FOOT: Ms, Sally Prescott ( District Utility Administrator) Florida Department of Transmission VII 11201 N, McKinley Drive, 7-820 Tampa, Fl 33612-6456 813-975-6151 7. Certification This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document" You MUST signify by selecting or checking which of the following applies: ~ No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached, D No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document" Page 4 of 5 Item # 29 Attachment number 2 Page 5 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Form No. 710-010-57 UTILITIES 10104 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written, UTILITY: Clearwater Gas Systems, Inc. BY: (Siqnature) DATE: (Typed Name: _) (Typed Title: _) Recommend Approval by the District Utility Office BY: (Siqnature) DATE: FDOT Legal review BY: (SiQnature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (SiQnature) DATE: (Typed Name: Scott Collister) (Typed Title: Director of Transportation) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: _) (Typed Title: _) Page 5 of 5 Item # 29 APPENDIX State of Florida Department of Transportation UTILITY WORK BY IllGHWAY CONTRACTOR AGREEMENT (Lump Sum) CHANGES TO FORMS DOCUMENT FPID: 256881-1-56-07 1, Page 6 of 6, following "IN WITNESS WHEREOF", year first within," Add the following signature blocks following the "Utility", (Typed Title)" blank: Countersigned: City of Clearwater, Florida By: William R Home, II City Manager Frank Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia R Goudeau City Clerk Attachment number 3 Page 1 of 1 Item # 29 Attachment number 4 Page 1 of 1 Engineer's Cost Estimate Lump Sum SR 55 (US 19) Whitney to Sevflle, Pinellas County FPID: 256881-1-52-01 UAO: Clearwater Gas System, Inc, Removal of Out of Service Facilities by FDOT Contractor * 1050-15-002 LF 1079 20 $21,580 Subtotal CEAlCEI (5%) Subtotal Conti enc (10%) GRAND TOTAL $61,105 $3.055 $64,160 $6,416 $70,576 * Estimates based on Phase III plans Dated 6/2108. Estimates are subject to change, H:\Users\BBowen\256881-1 US 19 Whitney to Seville\Engineer's Cost Estimate Fbr CWG 256881-1_rev4.xJs Ite!IW~~ Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Approve a Utility Work By Highway Contractor Agreement with the State of Florida's Department of Transportation to install natural gas mains during improvement project, FPN: 256881-2-56-07/Pinellas County, SR55 (US 19) from South of Seville to North of SR 60, at an estimated cost of $39,427,00 and adopt Resolution 08-2L SUMMARY: The Florida Department of Transportation (FDOT) has a project to widen/improve SR55 (US 19) from South of Seville to North of SR 60 including roadway, sidewalk, other improvements, and utilities to include those existing Clearwater Gas facilities which conflict with the design, Under the Utility Work By Highway Contractor Agreement (UWHCA), the State of Florida's Department of Transportation general contractor will perform the relocation of existing natural gas mains, Having the State of Florida's Department of Transportation general contractor install the natural gas mains allows for work to be done in a timely manner and releases Clearwater Gas System from penalty payments, Funding for this agreement is available in capital project 315-96377- Pinellas New Mains and Service Lines, Type: Current Year Budget?: Capital expenditure Yes Budget Adjustment: None Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: 39,427,00 39,427,00 2007 to 2008 Annual Operating Cost: Total Cost: 39,427,00 39,427,00 Appropriation Code 315-96377 Amount 39,427,00 Appropriation Comment Pinellas New Mains & Service Lines Review Approval: 1) Clerk Cover Memo Item # 30 Attachment number 1 Page 1 of 1 RESOLUTION NO. 08-21 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, APPROVING THE EXECUTION OF A UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT WITH THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION REGARDING RELOCATION OF NATURAL GAS MAINS FOR THE IMPROVEMENT PROJECT FOR STATE ROAD SR55 (US19) FROM SOUTH OF SEVILLE to NORTH OF SR 60; PROVIDING AN EFFECTIVE DATE WHEREAS, the State of Florida Department of Transportation (FDOT) has a project to widen/improve State Road 55 (US 19) from South of Seville to North of SR 60 including roadway, sidewalk, other improvements and utilities to include those existing Clearwater Gas System facilities which conflict with the design; and WHEREAS, under the Utility Work By Highway Contractor Agreement, the FDOT's general contractor will perform the relocation of existing natural gas mains; and WHEREAS, having FDOT's general contractor relocate the natural gas mains allows for the work to be done in a timely manner and releases Clearwater Gas System from penalty payments; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA: Section 1, The City Council hereby accepts and approves the Utility Work By Highway Contractor Agreement between the City and the State of Florida Department of Transportation, identified as Utility Work By Highway Contractor Agreement, Financial Project ID 256881-2-56-07, a copy of which is attached as Exhibit A Section 2, The City Council hereby authorizes the Mayor and City Manager to sign the Utility Work By Highway Contractor Agreement described in this resolution and associated documents, Section 3, This resolution shall take effect immediately upon adoption, PASSED AND ADOPTED this day of ,2008, Frank Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia E Goudeau City Clerk , Item # 30 Resolution No, 06-U;; Attachment number 2 Page 1 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION Form No. 710-010-57 UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT UTILITIES (LUMP SUM) 10104 Financial Project ID: 256881-2-56-07 Federal Project ID: N/A County: Pinellas State Road No.: 55 District Document No: Utility Agency/Owner (UAO): Clearwater Gas Systems, Inc. THIS AGREEMENT, entered into this day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "FDOT," and Clearwater Gas Systems, Inc., hereinafter referred to as the "UAO"; WITNESSETH: WHEREAS, the UAO owns certain utility facilities which are located on the public road or publicly owned rail corridor identified below, hereinafter referred to as the "Facilities" (said term shall be deemed to include utility facilities as the same may be relocated, adjusted, or placed out of service); and WHEREAS, the FDOT, is currently engaging in a project which involves constructing, reconstructing, or otherwise changing a public road and other improvements located on a public road or publicly owned rail corridor identified as US 19 from S, Seville to N of SR 60, State Road No, 55, hereinafter referred to as the "Project"; and WHEREAS, the Project requires minor modifications to the Facilities orthe FDOT's design more particularly described in Exhibit A attached hereto and by this reference made a part hereof, hereinafter referred to as "Utility Work," and full plans and technical specifications for the Utility Work are not required; and WHEREAS, the FDOT will perform the Utility Work as part of the Project; and WHEREAS, the UAO, pursuant to the terms and conditions hereof, will bear certain costs associated with the Utility Work; and WHEREAS, the FDOT and the UAO desire to enter into an agreement which establishes the terms and conditions applicable to the Utility Work; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the UAO hereby agree as follows: 1. Performance of Utility Work a, The FDOT will include the Utility Work in its plans and specifications for the Project and will include the Utility Work as part of the FDOT's construction of the Project The preparation of the plans and specifications and the construction of the Project will be performed in such manner as the FDOT, in its discretion, deemed appropriate, b, All location, protection, relocation, adjustment, or removal of the UAO's Facilities which is not listed in Exhibit A shall be performed pursuant to a separate agreement 2. Cost of Utility Work a, The UAO will, at least fourteen <.1..1) calendar days prior to the date on which the FDOT advertises the Project for bids, pay the FDOT the amount of $ 39,427 for the cost of the Utility Work, Said amount will be deposited into the State Transportation Trust Fund, b, The FDOT and the UAO acknowledge and agree that the amount stated above includes an additional ten percent (10%) to cover the UAO's obligation forthe cost of the Utility Work as set forth in Section 337A03(1)(b), Florida Statutes, Page 1 of 5 Item # 30 Attachment number 2 Page 2 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Form No. 710-010-57 UTILITIES 10104 c, Except for costs associated with any changes or additions to the Utility Work, the FOOT and the UAO agree that the deposit shall be an asset of the FOOT and that it constitutes a full and final lump sum payment for the cost of the Utility Work, without any requirement for a subsequent accounting for the use of the deposit d, Pursuant to Section 337A03(1)(b), Florida Statutes, no changes or additions to the Utility Work will be made during the construction of the Project unless the UAO has made an additional deposit to cover the cost of the changes or additions, To the extent that the amount stated in Subparagraph 2,a, above exceeds the amount of the FOOT contractor's bid that applies to the Utility Work, such excess may be applied to cover the cost of the changes or additions, All changes or additions shall be subject to the limitations on supplemental agreements and change orders contained in Section 337,11 (8), Florida Statutes, 3. Oefault a, In the event that the UAO breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in this Agreement, the FOOT may exercise one or more of the following options, provided that at no time shall the FOOT be entitled to receive double recovery of damages: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the FOOT. (2) Pursue a claim for damages suffered by the FOOT (3) Suspend the issuance of further permits to the UAO for the placement of Facilities on FOOT property if the breach is material and has not been cured within 60 days from written notice thereof from FOOT until such time as the breach is cured, (4) Pursue any other remedies legally available, (5) Perform any work with its own forces or through contractors and seek repayment for the cost thereof under Section 337A03(3), Florida Statutes, b, In the event that the FOOT breaches any provision of this Agreement, then in addition to any other remedies which are otherwise provided for in the Agreement, the UAO may exercise one or more of the following options: (1) Terminate this Agreement if the breach is material and has not been cured within 60 days from written notice thereof from the UAO, (2) Pursue any other remedies legally available, c, Termination of this Agreement shall not relieve either party from any obligations it has pursuant to other agreements between the parties and from any statutory obligations that either party may have with regard to the subject matter hereof 4. Indemnification FOR GOVERNMENT-OWNEO UTILITIES: To the extent provided by law, the UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this Page 2 of 5 Item # 30 Attachment number 2 Page 3 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Form No. 710-010-57 UTILITIES 10104 section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement When the FOOT receives a notice of claim for damages that may have been caused by the UAO in the performance of services required under this Agreement, the FOOT will immediately forward the claim to the UAO, The UAO and the FOOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim, After reviewing the claim, the FOOT will determine whether to require the participation of the UAO in the defense of the claim or to require the UAO to defend the FOOT in such claim as described in this section, The FOOT's failure to notify the UAO of a claim shall not release the UAO from any of the requirements of this section, The FOOT and the UAO will pay their own costs for the evaluation, settlement negotiations, and trial, if any, However, if only one party participates in the defense of the claim at trial, that party is responsible for all costs, FOR NON-GOVERNMENT-OWNEO UTILITIES: The UAO shall indemnify, defend, and hold harmless the FOOT and all of its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the UAO, its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FOOT or said parties may be subject, except that neither the UAO, its agents, employees, or contractors will be liable under this section for damages arising out of the injury or damage to persons or property directly caused by or resulting from the negligence of the FOOT or any of its officers, agents, or employees during the performance of this Agreement The UAO's obligation to indemnify, defend, and pay forthe defense or at the FOOT's option, to participate and associate with the FOOT in the defense and trial of any damage claim or suit and any related settlement negotiations, shall arise within fourteen (14) days of receipt by the UAO of the FOOT's notice of claim for indemnification to the UAO, The notice of claim for indemnification shall be served by certified mail, The UAO's obligation to defend and indemnify within fourteen (14) days of such notice shall not be excused because of the UAO's inability to evaluate liability or because the UAO evaluates liability and determines the UAO is not liable or determines the FOOT is solely negligent Only a final adjudication or judgment finding the FOOT solely negligent shall excuse performance of this provision by the UAO, The UAO shall pay all costs and fees related to this obligation and its enforcement by the FOOT The FOOT's delay in notifying the UAO of a claim shall not release UAO of the above duty to defend, 5. Force Majeure Neither the UAO nor the FOOT shall be liable to the other for any failure to perform under this Agreementto the extent such performance is prevented by an act of God, war, riots, natural catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the excuse from performance has (a) promptly notified the other party of the occurrence and its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (c) resumed performance as soon as possible, 6. Miscellaneous a, To the Facilities shall at all times remain the property of and be properly protected and maintained by the UAO in accordance with the then current Utility Accommodation Manual and the current utility permit for the Facilities, b, Pursuant to Section 287,058, Florida Statutes, the FOOT may unilaterally cancel this Agreement for refusal by the UAO to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the UAO in conjunction with this Agreement Page 3 of 5 Item # 30 Attachment number 2 Page 4 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Form No. 710-010-57 UTILITIES 10104 c, This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the parties understand and agree that the FOOT has manuals and written policies and procedures which shall be applicable at the time of the Project and the relocation of the Facilities and except that the UAO and the FOOT may have entered into other agreements for work not included in Exhibit A for Facilities located within the limits of the Project Copies of FOOT manuals, policies, and procedures will be provided to the UAO upon request d, This Agreement shall be governed by the laws of the State of Florida, Any provision hereoffound to be unlawful or unenforceable shall be severable and shall not affect the validity of the remaining portions hereof e, Time is of essence in the performance of all obligations under this Agreement f All notices required pursuant to the terms hereof may be sent by first class United States Mail, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt is provided, The UAO shall have a continuing obligation to notify each District of the FOOT of the appropriate persons for notices to be sent pursuant to this Agreement Unless otherwise notified in writing, notices shall be sent to the following addresses: If to the UAO: ML Bruce Griffin Clearwater Gas System, lnc, 400 Myrtle Avenue Clearwater, Fl 33755 727 -562-4900 If to the FOOT: Ms, Sally Prescott ( District Utility Administrator) Florida Department of Transmission VII 11201 N, McKinley Drive, 7-820 Tampa, Fl 33612-6456 813-975-6151 7. Certification This document is a printout of an FOOT form maintained in an electronic format and all revisions thereto by the UAO in the form of additions, deletions, or substitutions are reflected only in an Appendix entitled Changes to Form Document and no change is made in the text of the document itself Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document By signing this document, the UAO hereby represents that no change has been made to the text of this document except through the terms of the appendix entitled Changes to Form Document" You MUST signify by selecting or checking which of the following applies: IZI No changes have been made to this Form Document and no Appendix entitled "Changes to Form Document" is attached, D No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Form Document" Page 4 of 5 Item # 30 Attachment number 2 Page 5 of 5 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION UTILITY WORK BY HIGHWAY CONTRACTOR AGREEMENT (LUMP SUM) Form No. 710-010-57 UTILITIES 10104 IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first written, UTILITY: Clearwater Gas Systems, Inc. BY: (Siqnature) DATE: (Typed Name: _) (Typed Title: _) Recommend Approval by the District Utility Office BY: (Siqnature) DATE: FDOT Legal review BY: (SiQnature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY: (SiQnature) DATE: (Typed Name: Scott Collister) (Typed Title: Director of Transportation) FEDERAL HIGHWAY ADMINISTRATION (if applicable) BY: DATE: (Typed Name: _) (Typed Title: _) Page 5 of 5 Item # 30 APPENDIX State of Florida Department of Transportation UTILITY WORK BY IllGHWAY CONTRACTOR AGREEMENT CHANGES TO FORMS DOCUMENT FPlD: 256881-2-56-07 1, Page 6 of 6, following "IN WITNESS WHEREOF", year first within," Add the following signature blocks following the "Utility", (Typed Title)" blank: Countersigned: City of Clearwater, Florida By: William R Home, II City Manager Frank Hibbard Mayor Approved as to form: Attest: Laura Lipowski Assistant City Attorney Cynthia R Goudeau City Clerk Attachment number 3 Page 1 of 1 Item # 30 Attachment number 4 Page 1 of 1 Engineer's Cost Estimate Lump Sum SR 55 (US 19) Seville to SR 60, PineUas County FPID: 256881-2-52-01 UAO: ClealWater Gas System, Inc, Removal of Out of Service Facilities by FDOT Contractor *1050-15-002 LF 391 20 $7,820 Subtotal CEAlCEI (5%) Subtotal Conti en (10%) GRAND TOTAL $34,136 $1,707 $35,843 $3,584 $39.427 * Estimates based on Phase III plans 7/14/2008. Estimates may be subject to change, H:\Users\BBowenI256881.2 Seville to SR 60\Engineer's Cost Estimate For CWG1256881.2_rev4,xls ItefflW~~ Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Authorize Supplemental Agreement 3 to an existing JPA with the FDOT for modifications to the Fixed Base Operation (FBO) Building at Clearwater Airpark including renovation for the sewer system and ground water cleanup, increasing funding by $175,000 ($99,598 from DOT and $75,402 from City), authorize the appropriate officials to execute same and adopt Resolution 08-20, SUMMARY: The Florida Department of Transportation (FDOT) has agreed to increase reimbursable funding for modifications to the Fixed Base Operation Building at Clearwater Airpark, 1000 North Hercules Avenue, including renovating the sewer system and the remediation of contaminated groundwater, The FDOT will contribute $99,598 (approximately 57%) of the increase and the City will provide the remaining $75,402 (approximately 43%), A 3rd Quarter amendment will increase the project budget in 315-94846, FBO Building Improvements by $99,598 to recognize the FDOT funding, The City's portion of $75,402 will be provided by a third quarter amendment transferring $75,402 in General Fund revenue from project 315-94803, Environmental Assessment and Cleanup to project 315-94846, FBO Building Improvements CIP, This will supplement current funds in this grant to complete a ground water cleanup project at Clearwater Airpark Type: Current Year Budget?: Other Yes Budget Adjustment: Yes Budget Adjustment Comments: FDOT contributing $99,598 (57%), City providing $75,402 (43%) from Environmental Assessement Cleanup Fund - Code 94893 Current Year Cost: Not to Exceed: For Fiscal Year: 75,402 75,402 07 to 08 Annual Operating Cost: Total Cost: 75,402 Appropriation Code 94893 Amount 75,402 Appropriation Comment Review Approval: 1) Clerk Cover Memo Item # 31 Attachment number 1 Page 1 of 1 RESOLUTION NO. 08-20 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA AUTHORIZING A SUPPLEMENTAL AGREEMENT #3 TO THE JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR MODIFICATIONS TO THE FBO BUILDING AT CLEARWATER AIRPARK INCREASING DEPARTMENT AND AGENCY FUNDING BY $175,000,00 TO INCLUDE RENOVATING THE SEWER SYSTEM AND GROUNDWATER CLEANUP; PROVIDING AN EFFECTIVE DATE WHEREAS, the Florida Department of Transportation (FDOT) has agreed to provide funding towards modifications to the FBO building to include renovating the sewer system and groundwater cleanup at Clearwater Airpark under Joint Participation Agreement FM No, 41243119401, Contract No, ANW13, a copy of which is attached hereto as Exhibit "A": now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1, The City Council hereby accepts and approves Supplement #3 to Joint Participation Agreement between the City and the State of Florida Department of Transportation, FM No, 41243119401, Contract No, ANW13 to modify the FBO building to include renovating the sewer system and groundwater cleanup at the Clearwater Airpark, Section 2, This resolution shall take effect immediately upon adoption, PASSED AND ADOPTED this day of 2008 Frank V, Hibbard Mayor Approved as to form: Attest: Camilo Soto Assistant City Attorney Cynthia E Goudeau City Clerk Resolution No 08-20 Item # 31 Attachment number 2 Page 1 of 1 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 1 of 4 PUBLIC TRANSPORTATION SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT Number 03 Fund: 010 Function: 637 Federal' No,: NIA DUNS No,: Catalog of Federal Domestic Assistance Number: NIA Financial Project No,: 41243119401 (Item-segment-phase-sequence ) FLAIR Approp.: 088719 FLAIR Obj.: 75004 Org, Code: 55072020728 Vendor No.: F596000289002 Catalog of State Financial Assistance Number: 55004 Contract No.: ANW13 THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the Department, and City of Clearwater P.O. Box 4748, Clearwater, FL 34618-4748 hereinafter referred to as Agency. WITNESSETH: WHEREAS, the Department and the Agency heretofore on the 18th entered into a Joint Participation Agreement; and WHEREAS, the Agency desires to accomplish certain project items as outlined in the Attachment "A" appended hereto; and day of April ,2005 WHEREAS, the Department desires to participate in all eligible items for this project as outlined in Attachment "A" for a total Department Share of $502,398.00 NOW, THEREFORE THIS INDENTURE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement is to be amended and supplemented as follows: 1.00 Project Description: The project description is amended to provide for the Department's participation in modifications to the Fixed Base Operations building including renovating sewer system and ground water clean-up. Item # 31 2.00 Project Cost: Paragraph 3,00 of said Agreement is increased by bringing the revised total cost of the project to $ 678,500,00 Attachment number 2 Page 1 of 1 725-030.{)7 PUBLIC TRANSPORTATION 04/07 Page 2 of 4 $175.000,00 Paragraph 4.00 of said Agreement is increased by $99,598,00 bringing the Department's revised total cost of the project to $ 502,398,00 3.00 Amended Exhibits: Exhibit(s) 8 4.00 Contract Time: Paragraph 18.00 of said Agreement June of said Agreement is amended by Attachment "A". 30th ,2012 Item # 31 Attachment number 2 Page 1 of 1 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 3 of 4 Financial Project No. 41243119401 Contract No. ANW13 Agreement Date Except as hereby modified, amended or changed. all other terms of said Agreement dated April and any subsequent supplements shall remain in full force and effect. 18th 2005 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed, the day and year first above written. AGENCY FDOT City of Clearwater AGENCY NAME See attached Encumbrance Form for date of Funding Approval by Comptroller SIGNATORY (PRINTED OR TYPED) i!J f;f<li1! ,I. , t Vl/ . . J j ..... ~ LE"GAL EVIEW ' DEPARTMENT OF TRANSPORTATION 7/8/b5 I f SIGNATURE Scott W, Collister, PE; CPCM DEPARTMENT OF TRANSPORTATION Director of Transportation Development TITLE TITLE Item # 31 Attachment number 2 Page 1 of 1 725-030-07 PUBLIC TRANSPORTATION 04/07 Page 4 of 4 Financial Project No. 41243119401 Contract No. ANW13 Agreement Date ATTACHMENT "A" SUPPLEMENTAL JOINT PARTICIPATION AGREEMENT This Attachment forms an integral part of that certain Supplemental Joint Participation Agreement between the State of Florida, Department of Transportation and City of Clearwater P.O. Box 4748, Clearwater, FL 34618-4748 dated DESCRIPTION OF SUPPLEMENT (Include justification for cost change): to provide for the Department's participation in modifications to the Fixed Base Operations building including renovating sewer system and ground water clean-up, I. Project Cost: As Approved As Amended Net $503,500,00 $678,500.00 $175,000,00 Total Project Cost $503,500.00 $678,500.00 $175,000,00 I. Fund As Approved As Amended Net Department: $402,800.00 $502,398.00 $99,598,00 Agency: $100,700,00 $176,102.00 $75,402,00 $0,00 $0.00 $0.00 Total Project Cost $503,500,00 $678,500.00 $175,000,00 Comments: Item # 31 . . Attachment number 2 Page 1 of 1 725-030-07 PUBLIC TRANSPORTATION 04/07 Additional Page III. MULTI-YEAR OR PREQUALlFIED PROJECT FUNDING If a project is a multi-year or prequalified project subject to paragraphs 4.10 and 17.20 of this agreement, funds are programmed in the Department's Work program in the following fiscal year(s): FY N/A $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0,00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 FY $0.00 Project years may be advanced or deferred subject to Legislative appropriation or availabity of funds. Item # 31 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Award a contract for the Skycrest Neighborhood Traffic Calming project (03-0097-EN) to Semper Fi Services, LLC, of Palmetto, Florida, in the amount of $2,373,74224, which is the lowest responsible bid received in accordance with plans and specifications, and authorize the appropriate officials to execute the same, (consent) SUMMARY: This project involves construction of traffic calming features in the Skycrest community envisioned by community residents at the Skycrest Traffic Calming Charrette and supported by a petition signed by owners of approximately 65% of the parcels in the project area, The engineering plans were reviewed for faithfulness to their charrette vision by residents belonging to the Skycrest Traffic Calming Tech Team at the 30, 60, 90 and 100% milestones, The Skycrest Neighbors, Inc" organization has long strongly supported the project The Tech Team and Skycrest Neighbors have kept the Skycrest community informed about the project through personal contact, community meetings and the Skycrest Neighbors website, Traffic calming features include construction of a landscaped median on Cleveland St, numerous medians with tree wells and five mini-roundabouts, as well as four modern roundabouts at the intersections of Cleveland St with Lake Drive, Saturn Avenue, Corona A venue and Aurora A venue, The Project also includes minor changes on S, Glenwood Avenue to reconfigure parking for the Crest Lake Dog Park Work will commence upon award and execution of the contract and will be completed within 365 calendar days, sufficient time to allow for the work to not disrupt traffic flow at Skycrest Elementary School, Ongoing maintenance of the landscaping elements of the project will be provided by Parks & Recreation DepartmenL The landscaping was designed, with Parks Department input, for low maintenance, Street signage and pavement markings will be maintained by Traffic Operations, Sufficient budget and revenue are available in Capital Improvement Program (CIP) projects 0315-92259, Traffic Calming, in the amount of $2,357,70728, and 0315-93286, Parking Lot/Bike Path Resurfacing, in the amount of $16,034,96, A copy of the contract is available for review in the Office of Official Records and Legislative Services, Type: Current Year Budget?: Budget Adjustment Comments: Current Year Cost: Not to Exceed: For Fiscal Year: Appropriation Code Capital expenditure Yes Budget Adjustment: None $2,373,74224 $2,373,74224 2007 to 2008 Annual Operating Cost: Total Cost: $2,373,74224 Cover Memo Amount Appropriation Comment 0315-92259-563700-541- 000-0000 0315-93286-563500-572- 000-0000 $2,357,70728 $16,034,96 Bid Required?: Other Bid / Contract: Review Approval: 1) Clerk Yes Bid Number: Bid Exceptions: None Cover Memo Item # 32 co o o N ~ CO I- en Z ~ Z 0::1-'" :J ~ W..J ~ Oll!LL <C ~I-~ I-Ulo:: i5li!~ O:;lUl :;: 0 ~ W I- It> ..J 0 :;: lB ~ ~ ii: I- Z :J ~ N I- Ul :J Cl :J z<C l';I>=, :;; ~ ~ ~ e.~ I- I- o W 0 ., 0:: ~ <C 0.. ~ Cl z :E ..J ~ o ii: LL ~ I- o o co o g :I: N 0::6 0", m >- :I: ..J Cl :J iii ., z>=, :n ~ W Ul 0:: W o Z ?;: fil Ul s Cl z Z W 0.. o o iii :;: ..J <C 0.. 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N a> '" oj co .. N .,. a> o cD a> o. ~ co .. N .,. N CD M co ... .; '" .. N .,. DDDDDDDDDDDLOLn 00 DDDLODDDDDDLO('I)OO ("') c:ic:ic:i00c:ic:icOc:icv:icv:iLrioO u-i DLOD...-(OLODO)O)COLOo;:;tO) 00 COo;:;tD('I)NLOLO('I) o;:;tO)("') Ln LO-N-N-('I)- o;:;t- O)-...--~ r--: ~ N N .. N WWWWWWWWWWWWtR- tR- 0000000000 DDDLODNDDDD c:i-<ic:i..--:r--.:cONcOcOcv:i N...-ND ...- O)...-CO (') (') WWWWWWWWWW Item # 32 Attachment number 2 Page 1 of 6 BOND NUMBER: CONTRACT BOND ST A TE OF FLORIDA COUNTY OF MANATEE KNOW ALL MEN BY THESE PRESENTS: That we SEMPER FI SERVICES. LLC. Contractor and WESTCHESTER FIRE INSURANCE COMPANY (Surety) whose home address is 436 WALNUT STREET. W A08P. PHILADELPHIA. PA 19106. HEREINAFTER CALLED THE "Surety", are held and firmly bound into the City of Clearwater, Florida (hereinafter called the "Owner") in the penal sum of: TWO MILLION, THREE HUNDRED SEVENTY THREE THOUSAND, SEVEN HUNDRED FORTY TWO DOLLARS AND TWENTY FOUR CENTS ($2,373,742.24) for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns for the faithful performance of a certain written contract, dated the_ day of , 2008, entered into between the Contractor and the City of Clearwater for: SKYCREST NEIGHBORHOOD TRAFFIC CALMING (03-0097-EN) a copy of which said contract is incorporated herein by reference and is made a part hereof as if fully copied herein. NOW THEREFORE, THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the Contractor shall in all respects comply with the terms and conditions of said contract, including the one-year guarantee of material and labor, and his obligations thereunder, including the contract documents (which include the Advertisement for Bids, Form of Proposal, Form of Contract, Form of Surety Bond, Instructions to Bidders, General Conditions and Technical Specifications) and the Plans and Specifications therein referred to and made a part thereof, and such alterations as may be made in said Plans and Specifications as therein provided for, and shall indemnify and save harmless the said Owner against and from all costs, expenses, damages, injury or conduct, want of care or skill, negligence or default, including patent infringements on the part of the said Contractor agents or employees, in the execution or performance of said contract, including errors in the plans furnished by the Contractor, and further, if such "Contractor" or "Contractors" shall promptly make payments to all persons supplying him, them or it, labor, material, and supplies used directly or indirectly by said Contractor, Contractors, Sub-Contractor, or Sub-Contractors, in the prosecution of the work provided for in said Contract, this obligation shall be void, otherwise, the Contractor and Surety jointly and severally agree to pay to the Owner any difference between the sum to which the said Contractor would be entitled on the completion of the Contract, and that which the Owner may be obliged to pay for the completion of said work by contract or otherwise, & any damages, direct or indirect, or consequential, which said Owner may sustain on account of such work, or on account of the failure of the said Contractor to properly and in all things, keep and execute all the provisions of said contract. Page 1 Item # 32 Attachment number 2 Page 2 of 6 CONTRACT BOND (2) And the said Contractor and Surety hereby further bind themselves, their successors, executors, administrators, and assigns, jointly and severally, that they will amply and fully protect the said Owner against, and will pay any and all amounts, damages, costs and judgments which may be recovered against or which the Owner may be called upon to pay to any person or corporation by reason of any damages arising from the performance of said work, or of the repair or maintenance thereof, or the manner of doing the same or the neglect of the said Contractor or his agents or servants or the improper performance of the said work by the Contractor or his agents or servants, or the infringements of any patent rights by reason of the use of any material furnished or work done; as aforesaid, or otherwise. And the said Contractor and Surety hereby further bind themselves, their successors, heirs, executors, administrators, and assigns, jointly and severally, to repay the owner any sum which the Owner may be compelled to pay because of any lien for labor material furnished for the work, embraced by said Contract. And the said Surety, for the value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. IN TESTIMONY WHEREOF, witness the hands and seals of the parties hereto this day of , 2008. SEMPER FI SERVICES. LLC CONTRACTOR By: ATTEST: SURETY WITNESS: By: ATTORNEY-IN-FACT COUNTERSIGNED: Page 2 Item # 32 Attachment number 2 Page 3 of 6 CONTRACT This CONTRACT made and entered into this _ day of , 2008 by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City", and SEMPER FI SERVICES. LLC. of the City of PALMETTO, County of MANATEE and State of FLORIDA hereinafter designated as the "Contractor". WITNESSETH: That the parties to this contract each in consideration of the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the sums of money as herein after set forth to be paid by the City and to the Contractor, shall and will at their own cost and expense perform all labor, furnish all materials, tools and equipment for the following: SKYCREST NEIGHBORHOOD TRAFFIC CALMING (03-0097-EN) IN THE AMOUNT OF TWO MILLION, THREE HUNDRED SEVENTY THREE THOUSAND, SEVEN HUNDRED FORTY TWO DOLLARS AND TWENTY- FOUR CENTS ($2,373,742.24). In accordance with such proposal and technical supplemental specifications and such other special provisions and drawings, if any, which will be submitted by the City, together with any advertisement, instructions to bidders, general conditions, proposal and bond, which may be hereto attached, and any drawings if any, which may be herein referred to, are hereby made a part of this contract, and all of said work to be performed and completed by the contractor and its successors and assigns shall be fully completed in a good and workmanlike manner to the satisfaction of the City. If the Contractor should fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAYBE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OF SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENT SERVANTS OR EMPLOYEES. Page 3 Item # 32 Attachment number 2 Page 4 of 6 CONTRACT (2) In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or national origin. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contracts or agreements with labor unions and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. It is mutually agreed between the parties hereto that time is of the essence of this contract, and in the event that the work to be performed by the Contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the sum of ..$1.000.00 per day for each day that the work to be performed by the Contractor remains incomplete beyond the time limit specified herein, which sum of ..$1.000.00 per day shall only and solely represent damages which the City has sustained by reason of the failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for failure of the Contractor to complete and perform all work within the time period as specified in this contract. It is further mutually agreed between the City and the Contractor that if, any time after the execution of this contract and the surety bond which is attached hereto for the faithful performance of the terms and conditions as contained herein by the Contractor, that the City shall at any time deem the surety or sureties upon such performance bond to be unsatisfactory or if, for any reason, the said bond ceases to be adequate in amount to cover the performance of the work the Contractor shall, at his or its own expense, within ten (10) days after receipt of written notice from the City to do so, furnish an additional bond or bonds in such term and amounts and with such surety or sureties as shall be satisfactory to the City. If such an event occurs, no further payment shall be made to the Contractor under the terms and provisions of this contract until such new or additional security bond guaranteeing the faithful performance of the work under the terms hereof shall be completed and furnished to the City in a form satisfactory to it. Page 4 Item # 32 CONTRACT (3) Attachment number 2 Page 5 of 6 IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in duplicate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTY, FLORIDA By: William B. Home, II City Manager Attest: Countersigned: (Seal) Cynthia E. Goudeau, City Clerk By: Prank Hibbard, Mayor-Counci1member Approved as to form Cami10 Soto Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, Company or Individual.) (Contractor) By: (The person signing shall, in his own handwriting, sign the Principal's name, his own name, and his title; where the person is signing for a Corporation, he must, by Affidavit, show his authority to bind the Corporation). Page 5 (SEAL) Item # 32 Attachment number 2 Page 6 of 6 CONTRACTOR'S AFFIDAVIT FOR FINAL PAYMENT (CORPORATION FORM) STATE OF COUNTY OF On this day personally appeared before me, administer oaths and take acknowledgments, deposes and says: the undersigned authority, duly authorized to , who after being duly sworn, That he is the (TITLE) of SEMPER FI SERVICES. LLC. a Florida Corporation, with its principal place of business located at 1611 1ih STREET EAST. UNIT B. PALMETTO. FLORIDA 34221 (herein, the "Contractor"). That the Contractor was the general contractor under a contract executed on the day of , 2008 with the CITY OF CLEARWATER, FLORIDA, a municipal corporation, as Owner, and that the Contractor was to perform the construction of: SKYCREST NEIGHBORHOOD TRAFFIC CALMING (03-0097-EN) That said work has now been completed and the Contractor has paid and discharged all sub-contractors, laborers and material men in connection with said work and there are no liens outstanding of any nature nor any debts or obligations that might become a lien or encumbrance in connection with said work against the described property. That he is making this affidavit pursuant to the requirements of Chapter 713, Florida Statutes, and upon consideration of the payment of (Final Full Amount of Contract) in full satisfaction and discharge of said contract. That the Owner is hereby released from any claim which might arise out of said Contract. The word "liens" as used in this affidavit shall mean any and all arising under the operation of the Florida Mechanic's Lien Law as set forth in Chapter 713, Florida Statutes. Sworn and subscribed to before me SEMPER FI SERVICES. LLC. AFFIANT This _ day of , 2008. BY: NOTARY PUBLIC My Commission Expires: PRESIDENT Page 6 Item # 32 Meeting Date:8/21/2008 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Receive and consider report of Chase Realty, Inc" with Wm, Mark Searcy as Agent, of the results of the firm/agents efforts to identify and propose suitable parcels, including letters of intent to sell said suitable parcels, for City purchase and development of a 300 space parking garage on south Clearwater Beach, SUMMARY: At its March 6, 2008 meeting Council directed the City Attorney to prepare a Request for Proposals from licensed real estate brokerage firms and agents for the purpose of selecting a firm and agent to attempt to assemble land suitable for development of a 300 space public parking garage on South Clearwater Beach, RFP/RFQ 18-08 was issued on March 24, 2008 in response to that direction. Among other matters, the RFP/RFQ required that respondents consider and address the following tasks, provide their qualifications to undertake the requirements, and submit a time and fee proposal to accomplish same: a. Identify optimum locations and parcels required for the proposed project b. Confirm ownership and title status of the various properties c. Conduct discussions and negotiations with the respective owners d. Secure Letters of Intent to Sell, including specific terms and conditions of sale e. Deliver executed Purchase and Sale Contracts to the City for Council action f. Assist City with all pre-closing requirements of each Contract g. Oversee vacation of all properties prior to closing. h. In the event the proposed assemblage is unsuccessful, prepare a market study detailing conditions contributing to the lack of success in assembling the lands The RFQ/RFP generated eight responses by the April 23, 2008 deadline, one of which was not responsive to advertised requirements. The seven responsive proposals were received and reviewed by a 5-member Staff Evaluation Committee. Chase Real Estate, Inc. ,with Wm. Mark Searcy as Agent, was ranked highest by the Committee. The City Council, at it's May 15,2008 meeting authorized staff to negotiate a contract with Chase Rea1ty/Mark Searcy to complete the aforementioned engagement. The Agent was to complete work and report to the City Council at it's June 19th meeting all proposed parcels, with contracts no later than July 1st. At the June 19th Council meeting ,at the recommendation of staff and with the concurrence of the Agent, the City Council extended the date for presentation of proposed parcels to it's Work session on July 14th due to the need to conclude further negotiation on several potential parcels. Cover Memo The Agent has completed the work under the proposal phase of the contract and is prepared to repotterlJlcrty3 Council the results of his engagement. At the July 17,2008 meeting, Council gave further direction to Mr. Searcy and extended his contract to August 21,2008. Review Approval: 1) Clerk Cover Memo Item # 33 Attachment Page 1 of 61number 1 .< 11III III! III . :A,:f! . Item # 33 Attachment Page 2 of 61number 1 . II . . Item # 33 . . . Attachment number 1 Page 3 of 61 II II Item # 33 . . . INDEX City of Clearwater RFP .................................................... Section A Chase Real Estate RFP Response ................................ Section B Beach By Design Off Street Parking Section................. Section C Letter of Intent ................................................................... Section D Press Releases ................................................................ Section E Comparable Properties .................................................... Section F Properties Within the Directive........................................ Section G * Aerial Plat Map * Assemblage # 1 * Assemblage # 2 * Assemblage # 3 * Assemblage # 4 * Assemblage # 5 * Assemblage # 6 * Assemblage # 7 Properties Outside of the Directive ................................. Section H * Aerial Plat Map * Assemblage # 8 * Assemblage # 9 * Assemblage # 10 * Assemblage # 11 Attachment number 1 Page 4 of 61 Item # 33 Attachment number 1 Page 5 of 61 e u REQUEST FOR QUALIFICATIONS I REQUEST FOR PROPOSALS # 18-08 REAL ESTATE BROKERAGE SERVICES FOR LAND ASSEMBLY The City of Clearwater requests that Commercial Real Estate Brokerage firms licensed by the State of Florida submit proposals for consideration in selection of a firm and agent suitably qualified to represent the City in negotiations to assemble approximately one contiguous acre of land on south Clearwater Beach for construction of a 300 space public parking garage. All submittals shall be addressed as specified below and received no later than the submittal due date, at which time all submittals will be opened and read as a matter of public record. All submittals received after the closing date and time will be returned unopened. The City of Clearwater reserves the right to reject any and all submittals. Submittal Due Date: April 23, 2008, at 4:00 p.m. Submittals shall be delivered to: __ Physical Address: Purchasing Manager City of Clearwater Third Floor, Municipal Services Building 100 South Myrtle Avenue Clearwater, Florida 33756 -or mailed to: P. O. Box 4748 Clearwater, Florida 33758-4748 The RFP documents will be available on March 24, 2008. City offices are open Monday through Friday, 8:00 a.m. to 5:00 p.m., excluding holidays. This RFP will be posted on the City's website at www.mvclearwater.com. Any questions regarding the RFP shall be directed in writing to: Mr. George Mckibben, Purchasing Manager Finance Department City of Clearwater P. O. Box 4748 Clearwater, Florida 33758-4748 Telephone: (727) 562-4634 Email: oeorge.mckibben@mvclearwater.com - Notice: RFQ/RFP for Real Estate Brokerage Services H:em # 33 Attachment number 1 Page 6 of 61 City of Clearwater, Florida . REQUEST FOR QUALIFICATIONS I REQUEST FOR PROPOSALS # 18-08 REAL ESTATE BROKERAGE SERVICES FOR LAND ASSEMBLY 1.0 \6verview. - ..." -~- ..__-c__. --.___............ .-'-.~.-; - -<:;::",;"" .'-:'~, .~-"....~.....- '," -:. '-:~_.:""-'" . .. ._._~..~. __', . ,_"0< ~_ "__,__. ...~'...._._ ..,.,...._.. ....';__...,._ _~"""I","',_,;~_,,:,~.,. .,:-_......._.",__......' ,..<,,~..,..,.. :._',._....~,. ',"'0'"'' 1.1 Purpose The City of Clearwater has issued this Request for Qualifications I Proposals (RFQ/RFP) for Real Estate Brokerage Services required for assembly of approximately one acre of privately owned lands on South Clearwater Beach optimally located and physically suitable for construction of a 300 space public parking garage. The City prefers the selected Agent to act as single agent for the City provided in F.S. 475.278(3), but will consider alternatives. 1.2 HISTORY AND VISION: "Clearwater Beach: Strategies for Revitalization" During 1997 and 1998 beach residents and business owners worked diligently to assist the City administration and City Council develop and plan the future for Clearwater Beach. The Plan was entitled "Clearwater Beach: Strategies for Revitalization". The Plan recognized the twin imperatives to balance the needs of the beach's 8,000 families with the hundreds of thousands of tourists and visitors who are attracted to its world-class shoreline, all the while protecting the natural environment as the built environment rebuilds for the future. . 1.3 BEACH BY DESIGN Beach by Design is a preliminary design for revitalization of Clearwater Beach by implementing the Strategies for Revitalization. Implementation is based on pursuing the following strategies: . Creation of an attractive and efficient "arrival and distribution" system at the intersection of State Road 60 and North Mandalay Avenue and Coronado Avenue . Transformation of North Mandalay into an attractive, pedestrian-friendly street which provides a high quality address for retail and restaurant uses . Renovation of South Gulfview Blvd. to the west to create a unique two-way local street as part of a destination quality beachfront place . Improving traffic circulation to the south of State Road 60 . Improving sidewalks and creating an entire beachfront system . Constructing new parking facilities so.uth of Pier 60 park to support beach visitors, and new parking north of Pier 60 park to support the North Mandalay Avenue retaillrestaurant corridor . Promoting a small number of catalytic redevelopment projects; and . Adoption of design guidelines which are necessary to achieve the objectives of Beach by Design. . Notice: RFQ/RFP for Real Estate Brokerage Services - 2 - Item # 33 . "'-... . '--- . "-.. Attachment number 1 Page 7 of 61 1.4 SHAPING THE DESIGN Over the past five years more than 60 redevelopment projects have been submitted to recast the future of Clearwater Beach. Submitted development proposals project the addition of over 1500 condominium units, more than 1200 overnight accommodations, and in excess of 90,000 square feet of new commercial space. More than 90 percent of the submittals have been approved for construction. Nearly half are under construction or fully complete. 1.5 TRANSPORTATION AND PARKING Beach by Design anticipates the demands that extensive beach redevelopment places upon efficient beach traffic distribution, and ample, convenient parking. Significant North Beach transportation improvements include narrowing Mandalay Avenue from four lanes to two with parallel parking and expansion of one or both of the streets east of Mandalay. Bold, beautiful $30 Million dollar "Beach Walk" evolved as the comprehensive transportation project for South Beach. 1.6 BEACH WALK... a winding beach side promenade with landscaping, artistic touches and clear views to Clearwater's winning beaches and the waters beyond, a place where bicyclists, rollerbladers and pedestrians all have safe and convenient access to where visitors and locals call socialize, dine, play games, or simply enjoy the spectacular white sand, sun and surf. . q.J....~ ':"\.'"'1!;., .' ,':::'!~.' '.. .... ''4'iI..,. ." .......'". """tii.. ",,~.,,~,..~.,t,../r'~',""~.H,,~. t: ." _..~.. .. '!..... ..', .~.~ "~"':;l"T, . """"'IrlIL__1I!I . '..,.' .~,. . ~. ',"'.:."lO ',.:':;"~" .:;-"", -:-.~~.-~,.: "0>' '. " ';0'.>> ,.t ['i '..' 'I'J,. 'r-:~' -~' .' ~.._., ~.. It ... - .l.t"l.-......:,_...i.'..,'''...''., 'r~~" ~.:.:~,'r:~..~~rt,...J....~,. .;t~,,;,.',~, ,.c..~,.;...~.~:....'. ., .....~. \. '. I, . ......~ .,. ..... "." '.. 'Ii .r:." 't.l '"'. T." . .;. .. .'\."""''', "'I-.,.~;,'., '''. 'Ii' ..-_. ~ . "" ~ ,-,. r. .Sx.......~._.. " ~;.... · r..~;,l..."". ~v ...-......., . :.~::!.~0~-~.:.::~ " ,... ,," ~ ~,...'. ..1.. .;.~'....w:... .... Beach Walk will be open and operational by Labor Day 2008, attracting thousands of visitors from around the country, around the world. It has already played a vital role in attracting new resort hotels and speeding the conversion of many older overnight accommodations to new condominiums. Beach Walk will bring visitors closer to the beach and provide an environment that will draw new retail, entertainment and restaurant businesses for residents, out-of-town visitors and day-trippers. All will require accessible, convenient parking. 1.7 PARKING Creation and development of the beautiful Beach Walk will not only increase demand for parking facilities, but will incorporate nearly 800 public and private previously available parking spaces into its creation. The City and the new Hyatt resort hotel ownership have reached agreement that will provide for 400 public parking spaces within the Hyatt's garage when that is completed. The City also seeks to immediately assemble approximately one centrally located acre in South Beach for construction of an additional 300-space garage. ItAm # 33 -3- Notice: RFQ/RFP for Real Estate Brokerage Services . "-- . ."--.- . ',-... Attachment number 1 Page 8 of 61 2.0 I ..... ....'.. --_.c.....'..',..-...:...'...,._-... .... '.......... ....c-...... .'"..~........'7". ........ . Scope ofServic~s( ....... . f.. ...'. ,.... , - - .'. --_.. '77':.... ''':'.:'~'~ ..-.: ',--"._-"-'<'~ ......-'-r.7-.--~-----~'7:-1 ~,_.." "--':<~~~'-...~ ," -'--~"~"""""Y ._....._.._ The City of Clearwater seeks a firm and agent with extensive documented experience in assemblage of land for commercial development, as well as demonstrable business relationships with current property owners in the immediate South Beach area of Clearwater Beach. 2.1 The required assemblage shall be appropriately configured to provide approximately one rectangular acre for construction of a 300 space parking garage. The assembled parcel shall front a minimum of two connector streets and be centrally located adjacent on the east to Beach Walk. Specific tasks to include: · Identify optimum locations and number of parcels required for the proposed project. · Confirmation of ownership and title status of properties within the proposed assemblage. · Initiation of discussions and negotiations with the respective property owners. · Securing Letters of Intent to Sell from the owners, including specific terms and contingent conditions of sale. · Development of Contracts To Purchase with all property owners within the proposed assemblage area. · Delivery of executed Contracts To Purchase to designated City department to agenda for Council consideration and action. · Following approval of contracts, assist City in assuring compliance with all pre-closing requirements. · Oversee vacation of all properties prior to closings. · Assist City as requested with closing approved transactions. · Compiling complete electronic and hard copy work files for each transaction, and delivering to the City within 30 days following closing of each transaction. · In the event acquisition of a suitable site by the City is not achieved, preparation of a written market study detailing the conditions contributing to the inability to acquire an appropriate site. 3.0 SUbmitbil.'ReqlJii~J)1~n~':j)~U~lifiq~tiohi;lProl1C?sal$ The State licensed Real Estate Brokerage Firm and agent interested in responding to this RFQ/RFP must provide information on the firm and agent's qualifications and experience, identification and qualifications of the proposed project team, identification and qualifications of the project manager's experience, verifiable similar projects and references within the environs of Clearwater Beach during the past 5 years, a summary description of the firm and agent's It9l11 # 33 -4- Notice: RFQ/RFP for Real Estate Brokerage Services e . '--. . "--. Attachment number 1 Page 9 of 61 approach and time frame to successfully completing the project, and the firm and agent's fee proposal to undertake and complete the proposed project. 3.1 LETTER OF INTEREST AND EXECUTIVE SUMMARY Attach a letter of interest that explains your firm and agent's interest in working on this project. Include an "Executive Summary" which explains your firm and agent's qualifications and experience as they directly pertain to the Scope of Services. Include the names and titles of persons who will be authorized to make representations for the firm. 3.2 FIRM OVERVIEW Provide the following information regarding your firm. If the use of subconsultants is proposed, similar information should be provided for each subconsultant. . Brief history of the firm, including the year it was established. . Names and curriculum vitae of the firm's principal(s). Indicate the amount of involvement the principal(s) will have under this assignment. . Name and qualifications of agent who would conduct the work described. . 3.3 RELEVANT EXPERIENCE AND PAST PERFORMANCE . Similar Assignments: Provide a detailed description of comparable projects (similar in scope of services to those requested herein) which the firm and agent has either ongoing or completed within the past five years. Please specify whether each project is completed or is ongoing. The description for each project should identify: (i) the client, (ii) description of the overall project, (Hi) duration of project, (iv) contact person and phone number for reference, and (v) the results/deliverables of the project. . Past Performance: Describe the firm and agent's past performance and the primary markets served. 3.4 REFERENCES Provide the name, address, telephone and email address for at least three (3) references that would be capable of explaining and confirming your firm and agent's capacity to successfully complete the scope of work outlined herein. References should be from the past five (5) years. 3.5 APPROACH TO SERVICES Provide a narrative statement demonstrating a thorough understanding of the overall intent of this RFQ/RFP, as well as methods used to complete assigned tasks. Identify any proposed project issues or significant concerns you believe may be appropriate for careful consideration. Notice: RFQ/RFP for Real Estate Brokerage Services It?r_ # 33 e "-- . ,,--. . Attachment number 1 Page 10 of 61 3.6 FEE FOR SERVICES Provide a required time frame and fee proposal for your firm and agent's services, either: (i) lump sum fee, (ii) commission schedule, or (iii) other (specify). 4.0 I ... ... .,. ..... "'''',,'' .... -""'''. ',C"7. ~''','', ':;", '..,',"",', "~"",',',',"',', .,....,.,. ',' ., Su'bmission Infqrlll~d!ph" .",.. ,." ...._,..:-..~,.'-,-_e_..__'-;';.."-'~ I 4.1 Number of copies and Proposal Delivery Information One (1) original and five (5) copies of the proposal submittal signed by the firm representative and the agent shall be delivered on or by 4:00 PM on April 23, 2008 to: Physical Address: Mr. George McKibben Purchasing Manger City of Clearwater 100 S. Myrtle Avenue Clearwater, Florida 33756 - or- P. O. Box 4748 Clearwater, Florida 33758-4748 All submittals shall be addressed as specified above. The front of the envelopes shall be marked "Request for Qualifications & Proposals: Real Estate Brokerage Services for Land Assembly". All submittals received after the closing date and time will be returned unopened. 4.2 QUESTION AND ANSWER PERIOD All questions regarding this RFQ/RFP must be submitted in writing and directed to the Purchasing Manager no later than seven (7) days prior to the submittal deadline. All questions and answers will be posted on the City's website at www.mvclearwater.com. Questions may be 1) sent via email to Qeorge.mckibben@myclearwater.com, 2) faxed to (727) 562-4635, or 3) mailed or hand delivered to the address above. 5.0 m.....n.......'m... ""..,." .... ....... ''M''O.'' ~.-."".._._. Evaluation I SEtlectiptl '~tC)CQs . ::;~,)-:' -.:{- -.-~tL<:~~i: - "''"':~.'''''',- ,...~.. 5.1 EVALUATION I SELECTION The Evaluation/Selection Committee will first evaluate and rank responsive proposal on the criteria listed below. The maximum score per proposal is 100 points. Each Evaluation Committee member shall award up to 100 points per proposal. The final score will be an average (mean) of the scores awarded by all Evaluation Committee members. A Proposer may receive the maximum points or a portion of this score depending on the merit of its proposal as judged by the Evaluation/Selection Committee. Notice: RFQ/RFP for Real Estate Brokerage Services It~ # 33 Attachment number 1 Page 11 of 61 ,~ The factors outlined below will be applied to all eligible proposals. Additional evidence of unique skills or relevant experience will also be considered. All references will be subject to appropriate evaluation. Criteria . Understanding of Issues/Approach to resolution Points 30 . Qualifications and directly related experience of firm and agent 30 . References / client satisfaction 20 . Fee proposal 20 Upon completion of the evaluation, rating and ranking, the Committee may choose to conduct oral presentations(s) with the Proposer(s) which the Evaluation/Selection Committee deems to warrant further consideration based on the best rated proposal providing the highest quality of service to the City. Upon completion of the oral presentation(s), the Committee will re-evaluate, re-rate and re-rank the Proposers remaining in consideration based upon the written documents submitted and any clarifications offered during the oral presentation. 5.2 RFQlRFP TIMETABLE . . RFQ/RFP Available to the Public March 24, 2008 ',--- . Deadline for Receipt of Questions April 16, 2008 . Submittal Deadline April 23, 2008 . Evaluation of Proposals April 24 - April 25, 2008 . Interviews of Short List Firm and agents April 28 - April 30, 2008 . Firm and agent Selection - Council May 15, 2008 5.3 ADDITIONAL INFORMATION · The City will not be liable for any cost incurred in the preparation of the RFQ/RFP submittal. . · The submission of qualifications shall be prima facie evidence that the Proposer has full knowledge of the scope, nature, quantity and quality of work to be performed; the detailed requirements of the specifications; and the conditions under which the work is to be performed. Notice: RFQ/RFP for Real Estate Brokerage Services Itern # 33 e ',--- . ''-.- . \..-.. Attachment number 1 Page 12 of 61 . All Proposers shall furnish the City such additional information as the City may reasonably require. . The City reserves the right to conduct personal interviews of any or all Proposers prior to selection. The City will not be liable for any costs incurred by the Proposer in connection with such interviews. . The City reserves the right to conduct pre-contract negotiations. . The City reserves the right to reject all qualifications and to seek new qualifications when such a procedure is reasonably in the best interests of the City. . The City reserves the right to waive any of the conditions or criteria set forth in this RFQ/RFP. 6.0 11ns'u-rance',-- ""."-"-"'-'~-"-~-'--'I 6.1 LIABILITY INSURANCE The applicant shall furnish, pay for, and maintain during the life of the contract with the City the following liability coverage: . Comprehensive General Liability Insurance on an "occurrence" basis in an amount not less than $500,000 combined single-limit Bodily Injury Liability and Property Damage Liability . . Business Automobile Liability Insurance in the amount of at least $500,000, providing Bodily Injury Liability and Property Damage Liability, . * Workers' Compensation Insurance applicable to its employees for statutory coverage limits, and Employers' Liability which meets all applicable state and federal laws; and . Professional Liability/Malpractice/Errors or Omissions insurance, as appropriate for the type of business engaged in by the ProposerNendor, shall be purchased and maintained by the selected Vendor with minimum limits of $500,000 per occurrence. *NOTE: Not required for verifiable Independent Contractors contracted with applicant. 6.2 ADDITIONAL INSURED The City is to be specifically included as an additional insured on all liability coverage described in Section 6.1 Notice: RFQ/RFP for Real Estate Brokerage Services It~~ # 33 -8- '. . ,,--. . Attachment number 1 Page 13of61 6.2 NOTICE OF CANCELLATION OR RESTRICTION All policies of insurance must be endorsed to provide the City with thirty (30) days notice of cancellation or restriction. 6.3 CERTIFICATES OF INSURANCE/CERTIFIED COPIES OF POLICIES The applicant shall provide the City with a certificate or certificates of insurance showing the existence of the coverage required by this RFQ/RFP. The applicant will maintain this coverage with a current certificate or certificates of insurance throughout the term stated in the proposal. When specifically requested by the City in writing, the applicant will provide the City with certified copies of all policies of insurance as required above. New certificates and new certified copies of policies (if certifies copies of policies are requested) shall be provided to the City whenever any policy is renewed, revised, or obtained from other insurers. The certificates and/or certified policies shall be sent or delivered to the City's Project Manager and addressed to: City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 6.4 HOLD HARMLESS PROVISIONS The applicant shall defend, indemnify, save and hold the City harmless from any and all claims, suits, judgments and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the performance by the applicant, its employees, independent contractors, subcontractors, or assigns, including legal fees, court costs, or other legal expenses. Applicant acknowledges that it is solely responsible for complying with the term of this RFQ/RFP. In addition, the applicant shall; at its expense, secure and provide to the City, prior to beginning performance under this RFQ/RFP, insurance coverage as required herein. Any party providing services or products to the City will be expected to enter into a written agreement, contract or purchase order with the City that incorporates, either in writing or by reference, all of the pertinent provisions relating to insurance. Any party providing insurance services or products to the City will be expected to comply with requirements as contained herein. A failure to do so may, at the sole option of the City, disqualify any bidder or Proposer of services and/or products to the City. 7.0 The City, in its sole and absolute discretion, with or without cause, and without liability of any kind to any Proposer/ConsultanWendor, reserves the right to: . Accept or reject any and/or all proposals, either in whole or in part, waive any informality, variance or irregularity, whether technical or substantial in nature, of any proposals. Notice: RFQ/RFP for Real Estate Brokerage Services ItEin # 33 ,~ . . "-- . Attachment number 1 Page 14 of 61 . Cancel this RFQ/RFP at any time and/or take any action in the best interest of the City. The City decision in all matters shall be final. Retain all proposals for official record purposes, including a copy of the selected Respondent proposal and supporting documentation, and/or use them in whatever manner is deemed appropriate. . Elect not to accept any request by any ProposerNendor to correct errors or omissions in any information, calculations or competitive price(s} submitted once a proposal is received. . Investigate the financial capability, integrity, experience and quality of performance of each ProposerNendor, including all Principals. . Request an oral presentation from any Proposer. . The City reserves the right to request any additional information from any ProposerNendor. . All Proposers responding to this RFQ/RFP do so at their sole expense and risk. The City assumes no financial or other obligations of the Proposers. The City will not be liable to any broker, consultant or other entity acting on of behalf of any Proposer for any fee or payment relating directly or indirectly to the Proposer or their proposal. . All proposals, correspondence and records make thereof, are public record and handled in compliance with applicable state and local laws. . By offering a submission to this RFQ/RFP, the Proposer certifies the responder has not divulged, discussed or compared hislher competitive proposal with other respondents and has not colluded with any respondent or parties to this competitive proposal whatsoever. . All information furnished in this RFQ/RFP solicitation was gathered from sources deemed reliable. No representation or warranty is made as to the accuracy or completeness of the information contained in this document. Prospective Proposers should independently very all information. Notice: RFQ/RFP for Real Estate Brokerage Services IfeWt -# 33 e . e Attachment number 1 Page 15of61 Request for Qualifications & Proposals: Real Estate Brokerage Services for Land Assembly RFP Response Chase Real Estate., Inc. April 23, 2008 '---- Wm. Mark Searcy Chase Real Estate, Inc. Commercial Division 660 Mandalay Ave Clearwater, Florida 33767 727.447.8800 PH 727.447.8814 FX Mark 1 reaItor@hotmail.com http://WWW.ChaseFlorida.com Item # 33 Attachment number 1 Page 16 of 61 R,';J; I ":I'" I \1 ,>j,.,'r;\':,~ "'.'1"\" ,", i'llr I ,dnd A:,s<:l1lhh Fri' 1'\'\','11'<: \~'I'il ~(jt,i; I' I::,' , "I - e TABLE OF CONTENTS 1. Letter of Interest and Executive Summary 2. Firm Overview 3. Relevant Experience and Past Performance 4. References a. Firm References b. Agent References 5. Approach to Services 6. Fee For Services . . Item # 33 Attachment number 1 Page 17of61 RI,"I' 1,\,,1, Hr,.L"'I',;..' ",:1'\ Il..,", 11,1' 1.'\11<1 \",':Inhl~ l~ Iff P. ~>,p,'liP~\':: . \ p,'d ~U(l~ P;lt~~' 2 \'1 - ~ LEITER OF INTEREST AND EXECUTIVE SUMMARY There are a number of reasons why Chase Real Estate as a firm and as sales agents has an interest in assembling the proposed parking garage for the City of Clearwater. First and foremost a new parking garage will enhance the overall beach area for both residences, business owners and visitors to Clearwater Beach. This will increase local revenue to businesses along with increasing property values. At Chase Real Estate, we believe that with our reputation and combined experience in residential and commercial real estate, gives us the unique qualifications to represent the City of Clearwater and its associates with our proposal. ~ sed Real Estate ,\gent/Owner . FIRM OVERVIEW Chase Real Estate is a privately-held residential and commercial real estate firm that has redefined the investment process. Through our unique approach to investment real estate, Chase Real Estate has confirmed its position as the leader in real estate. With our keen ability to identify valued opportunities for our clients, along with our signature system, we have achieved record breaking sales in all aspects of residential and commercial real estate. Chase Real Estate's founder Walt Chase has a family history on Clearwater Beach dating back to 1972 where his uncle Walter Leahy started Leahy Realty with the purchase of 660 Mandalay Ave. Walter Leahy had a long real estate career on Clearwater Beach until the 1990s. Walter Chase started his real estate career on the Southside of Chicago in 1967. Walter Chase and his son Christian established "The Chase Team" in the late 1980s and worked under REIMAX for the next 20 years. Chase Real Estate started in 2004 when it opened its doors in Chicago. Walter Chase and Matthew Bailey opened the Florida branch along with the Commercial office in 2006 on Clearwater Beach at 660 MandaIay Ave, where our office is today. . Matthew Bailey, licensed since 1998, is the broker of Chase Real Estate. Matt has been a resident of Clearwater Beach and stills owns property there. Matt started his career with REMAX. He has achieved every sales award REMAX offers along with the Top 5 Team Item # 33 Attachment number 1 Page 18 of 61 f{\,'.,: i.,I:i". !In'j'''J,I....'' '-":r..,, ," \.;r I .1I1t! \ ''L'l11hi) l.~.i p (,~..."pnrl't..: \pr!l ~(Hl~\ P,lgl' ~ pf- . Award from 2000-2005 and the Chairman's Club Award which is the highest sales award REMAX bestows on its associates. Wm. Mark Searcy, who was licensed in 2004, joined Chase Real Estate in 2006. He handles Chase Commercial, the commercial division of Chase Real Estate, which specializes in assembling sites for developers on Clearwater Beach. Agent Searcy with his local contacts and knowledge of development has made him a major asset to Chase Commercial and Chase Real Estate. Agent Searcy is local to the area having lived off and on Clearwater Beach since 1986. RELEVANT EXPERIENCE AND PAST PERFORMANCE BILL KIMPTON SITE 1) Crescent Heights Inc employed the services ofWm Mark Searcy (formerly an agent of REIMAX ACTION FIRST) to assemble any sites to be suitable for a high rise condo project on Clearwater Beach. 2) It was asked of the agent to find sites that were NOT currently listed for sale and to assemble land large enough to accommodate a project of 100 or more units. . 3) The project took over six months to secure. COMPLETED 4) Sonny Kahn CEO and Shay Myron VP of Crescent Heights. smayron@crescentheights.com 5) Two suitable sites were identified after an extensive search of Clearwater Beach. Agent Searcy met with numerous land owners South of Pier 60. One such site belonged to Bill Kimpton and agent Searcy put the principles together to negotiate a deal. Searcy helped as a Transaction Broker to negotiate between Bill Kimpton and Crescent Heights for the assembled sites on 2nd Street. During the due diligence period Crescent Heights attempted to gain more density and when Bill Kimpton could not provide them the deal did not go through. Soon thereafter Mr. Kimpton sold the assembled project to NJR who is now building the Hyatt Aqualea project. Agent Searcy then met and identified the 100 Coronado Site formally the Days Inn Hotel owned by Tony Markopolous. After negotiating as a Transaction Broker and an extensive Due Diligence period Crescent Heights offered Tony Markopolous a sum of$35 million USD for land without a Development Order. Mr. Markopolous soon thereafter gained the Development Order from the City and sold the site to Dr Patel for $40 million USD. The sites were successfully identified, do to parties brought together and negotiated. The transactions were not completed because of the failure of the buyer to increase his offer to the accepted winning bid price. . ' LUCCA INCORPORATED SITE Item # 33 Attachment number 1 Page 19 of 61 RI.:.d r ,l;lIl' Br'''';C'I<l,!.l: '>,,'n IL'C" i'nr l,and ,\".;mbl) I~' !' Rl"l''':;~''.\l'ril 2()!!~; I'" '_~\.' ~ '.' i .. . 1) Lucca Inc was approached by agent Searcy who had identified a package of motels that were for sale. ,--. 2) Six motels that encompassed almost two square blocks of land between Coronado Drive and Harnden Drive were identified. (1- Tropicana Motel 347-353 Coronado Drive/350 Harnden Drive, 2- Key Lime Motel 405 Coronado Drive, 3- Albatross Motel 346 Harnden Drive, 4- Tri-plex 345 Coronado Drive, 5- Baylawn Motel 406 Harnden Drive 6- Backstreet Cafe 401 Coronado Drive) 3) Six months from identification to closings. COMPLETED 4) Stan Latek 727-415-4699. (Primary Partner) . \. 5) The six motel owners grouped together and refused to sell unless they sold as a package. Agent Searcy acting as a Transaction Broker proposed a plan that allowed the group to sell at a fair price and both parties were pleased with the results and efforts of sales Agent Searcy. Two more motels were added to the package at a later date (The Falcon Motel, 415 Coronado Drive and The Gulf Beach Motel, 419 Coronado Drive) All eight parcels closed. INCIDENTIALL Y THE MIDDLE OF THJS ASSEMBLED PROJECT IS THE SITE THAT THE CITY OF CLEARWATER HAS ATTEMPTED TO PURCHASE FOR A PARKING GARAGE. The City and Lucca Jnc have been unable to come to an agreement on the purchase of this site. MARBELLA PROJECT 1) Lucca Jnc asked agent Searcy to informally assemble the site above by adding the Howard Johnson Hotel (325 S Gulfview Drive), The Falcon Motel (415 Coronado Drive) and The Gulf Beach Motel (419 Coronado Drive) sites. 2) The assembled 3.6 acre site was procured for $24 million USD. Agent Searcy confidentially proposed the project to several qualified buyers. 3) One year. COMPLETED 4) Stan Latek 727-415-4699. 5) Three qualified offers were brought to the seller via agent Searcy between $40 million USD and $47 million USD. Lucca Jnc refused the offers expecting to sell for $50 million USD or more. CITY OF CLEARWATER PROPOSED PARKING SITE . 1) The Golden V~lla Motel, 228 Harnden Drive, The Rivieria Motel, 221 Coronado Drive and The Echo Salls Motel, 216 Harnden Drive (see attachment of block) has been assembled and is being marketed to prospective purchasers (on going). Item # 33 Attachment number 1 Page 20 of 61 RC<lII',la!L' l~r"kcl;I'~" '.;n i,','<" rpr Lalli! \>':~Jllh:, I{ II' 1{'~'lli'n", ,\ I'I'i I 'OilS P:-'t!t,' (' \It - . 2) An assembled parcel of land encompassing a perfect "square" of 1.1 acres across the '.:::!!! street from the Hyatt Aqualea site and BEACHW ALK. 3) Ken and Linda Christman 727-442-9404 (owners of the Golden Villa) 4) Assembled site is being advertise? by agent Searcy ~d seve~al developers are in the due diligence period of what these sites can produce without bemg under contract. The owners prefer to sell as a package to the City of Clearwater for the parking garage site as requested by this RFP. REFERENCES FIRM REFERENCES James Mudd 319-268-0693, CEO of MUDD Advertising, which has offices located in Chicago, Illinois and Cedar Rapids, Iowa. James Mudd has purchased properties on Clearwater Beach in the Sandpearl Residences, Mandalay Beach Club and 400 Beach Drive in S1. Petersburg through Chase Real Estate. He is an ongoing active real estate owner and investor. Chase Real Estate also manages the rentals of his properties. e Sandy Martelli '727-442-8819, General Manager at the Mandalay Beach Club. Don Mestas 727-442-2999, treasurer of Belle Harbor condominium complex and current resident of Belle Harbor. AGENT REFERENCES Ken and Linda Christman 727-442-9404, Ken and Linda are the owners of the Golden Villa Motel at 228 Harnden Drive Clearwater Beach, FL 33767 (current listing) Thomas and Maggie Karasch t.karasch@web.de 0049-9526-981479 (Germany) Thomas and Maggie were the owners of the Albatross Motel on Harnden Drive. I sold their motel in a package of six motels. I then represented them in the search and purchase of an automotive site and business in Spring Hill, FL. You may contact them via email since they currently reside in Germany. They will be in Florida from May 9th to May 22nd and are willing to meet with you concerning this reference. . Paul Hobschied 727-894-1817. After the sale of their motel Paul Hobscheid and Earle Roberson hired Viewpoint Realty to secure a desired site for a 10310 exchange transaction. With no site procured and time running out (10 days left in the 1031 exchange to identify a site) I found them a suitable site and they Item # 33 Attachment number 1 Page 21 of 61 Rl:;t1I,,'"1''' Blllk,'ra,',' ~,('r\ iI',", I',.r I.,md .\...;,,:mhi \ - l\f I' 1~1"P"I1"c '\I'rtl >,,,;\ J>:tl~l' h 1'1 -. . purchased the Legal Building in St Petersburg, Fl. I then sold that site to a qualified buyer after the death of Earle Roberson. '-- APPROACH TO SERVICES . With all the changes that have happened to our little island, growth has been the most constant one. "Constant change is here to stay". We have gone from a sleepy and quiet beach town that once only came alive during a short 'season' to a year round mecca for people around the world in search of one of the prettiest beaches in the world. With the advent of Beach By Design many spurts of development have changed the face of our island; some ofit nice (all JMC projects) to bad (all of Brightwater and the loss of over 1200 motel rooms). . Our beach town is about to go through another unprescented time of growth. The new Memorial Causeway allows traffic to get to the island faster. Coronado Drive has been widened allowing for a faster ingress/egress from South to North Beach. Beachwalk is now open and tourists are coming to enjoy all it has to offer. But many people are afraid to come to our beach and are staying away in the process. Traffic is a nightmare and due to a lack of parking is the reason why. If we do not secure a site and build a large parking structure our beach's parking and traffic issue will only go from bad to disastrous. A site needs to be procured (by Beach By Design standards) immediately. It must be affordable, and aesthetically pleasing. It must be built within a short distance from the BEACHWALK so that people can get onto the beach and into the garage ASAP. That being said the City is also giving an incentive to developers to build more hotels. Land is becoming more scarce and expensive. Finding a suitable site, negotiating and closing on these sites and doing so in a short amount of time is paramount as the window of opportunity is getting smaller. I have found sites that are affordable, strategic and aesthetic. I have a strong relationship with many of the land owners and have a reputation of being very honest, fair, communicative, hard working and results oriented. I also have a history of being able to provide Transaction Broker services to the benefit of both parties. I do understand that an exhaustive new search must be done to make sure no site is overlooked. I also understand the restrictions of the Development Order. of some of the developments and Beach By Design and know how to work within these guidelines in getting this task accomplished. I will get this done! Failure is not an option! I have seen a city on the verge of suffocation due to a lack of parking and traffic problems. I have also seen what a garage of this type can do to help alleviate the problems of a beach town. It is the most important challenge of our time and I stand excited and ready to achieve this task! FEE FOR SERVICE . ......... Chase Real Estate-Commercial Division will procure a desirable site for the City of Item # 33 Attachment number 1 Page 22 of 61 RI,,'''! i -lilt-' Hrl'kLI:l::~I,,' ",'f\ 11".,'., fi'r l.ill\,1 !\':'~I.'mhi) I'~ I\' l\"'1'"1l':.1,,': April ~OltS !).t~\.. - \)1 .. . Clearwater to be used as a parking garage. This process should take no more than two months to procure and less than four months to close on. (depending on the timeframe of the City). Chase anticipates a 3% commission to be paid by the sellers of the sites procured and closed on. Should the City decide not to purchase any of the sites procured by Chase Real estate a nominal fee of $5000 should be paid for their time and for a market study that details the conditions contributing to the inability to acquire an appropriate site. Chase Real Estate will transition to be a Transaction Broker on all sites currently listed by any realtor employed by Chase Real Estate. Otherwise Chase Real Estate will be a Single Agent for the City of Clearwater in procuring the sites for this project. . . Item # 33 CITY PARKING L(ffg 23 of~1 ~ ... -----j Hourly Rates Hours of Afl::er; Mon-Fri Sat-Sun & Enforcement Hours j Seasonal -i MARINA I ACTI'lfmeS No I $1.0G ONLY Charge sam-8pm 7am-lam CIQsea J lam-lam Closed ! 6am-llpm Pier 60 $1.50 160 S. Gulfvlew Blvd. " 325 332 S. Gulfview Blvd. ' $1.50 33 212 Hamden Dr. $1.00 34 I 423 Mandala'lAve. $0.75/ I $1.00 451 Mandalay Ave. $1.00 $1.25 4 Rockaway St. $1.00 Avalon - Kendall $1.00 6 Avalon st. Family Aquatic Center & Recreation Center , $1.00 I 51 Bay Esplanade I McKay Field 60S Mandalay Ave. $1.00 . Gateway ! 43 390/1 East Shore Dr. $1.00 I $1.25 62f\! 100 Coronado Or $8/day (Cash only) Bam-Sunset 625 150-110 Coronado Dr. $1.00 $1.25 6am-"Upm I 63 400 E. Shore Dr. I $1.00 $1.25 Beach Street\;. (206 spaces) " Seasonal Rate - March through April everyday "* Permit Parking Only Note: Does not Include Handicap Spaces Rates &. # of Spaces Subject to Change LEGEND: Parking Lot Road Closed City Park c=J Public Beach "* NORTH Not to S&ole r location Marina I 25 Causeway Blvd. $0.75 ! 1$1.00 ~ il~'f(, , ~~ $2.00 $2.00 $1.25 $1.001 $1.25 Closed No Bam-6p!n Charge No Bam-6pm Cha e $1.25 6am-1am Closed $1.25:usam_1Opm _1~~~J 8am-6pm t I $1 25 (Man-Sat) I No . 12:30pm-6pm Charge (Sun) $1.25 Bam-1Opm Ch~~e No I Sam-6pm Char e Closed Sam-6pm $1.25 Varies U) CU .- -1-1 .- - .- U fa LL. en C .- ~ a- fa A. www.myCleorwater.com .c Parking System Hotline ~ (727) 562-4892 QJ General Parking Information &a (727)562~704 a- ell -1-1 fa ~ ! ~ rwater m ()~- ENGINEERING DEPARTMENT U Temporary Causeway Parking {ACCESS FROM MEMORIAL CSWY. lEAST BOUND ONLY) Closed I No Charge Varies Updated: 4/21/2008 ~ To Parking Lot #40 - SAND KEY (1060 GULF BLVD.) ~ Open: Sun-Up to SUn-Down {All times park gate is open} .. 152 spaces; $UlOftlour - $l.25fHoul" (seasonal) Item # 33 e ~ ~>--. - >:1l 0__ <("'Il:l u.~ll,) Ie'" ogli> 3i-;... :c: ~ 11;. 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May 16, 2008 Dear land Owner, The Commercial Division of Chase Real Estate, located at 602 Mandalay Avenue on North Clearwater Beach, has been selected by the City of Clearwater to assemble property sites to be purchased by them to be used to build a 300 space public parking garage on Clearwater Beach. This exciting new endeavor will benefit both business and residential populations respectively and will help to alleviate the ongoing challenge of traffic congestion on the beach. As a Clearwater Beach land owner you are being offered a unique opportunity to help your community by selling your property location to the City of Clearwater at a realistic price. Since the primary target location for purchase is in your area, it is imperative that I hear from you ASAP regarding your level of interest so that I may present your property to the City Council for consideration. Please be advised that this opportunity will expire no later than Friday, June 20,2008. I look forward to hearing back from you at your earliest convenience so that together we may discuss the specifics of your property in greater detail. ~, Sin~~~ :;;/~ Wm. Mark Searc ,Realtor / ~ Chase Real Estate Commercial Division Office: 727-447-3223 Cell: 727-409-5813 ------------------------------------------------------------------------------------------------- Please indicate by checking below if you have an interest in selling your property to the City of Clearwater. Thanks! YES NO Address of Property: Signature: Date: 660 MANDALAY AVENUE' CLEARWATER BEACH, FL 33767 OFFICE 727 447-8800 . 727447-8814 FAX WWW.CHASEFLORIDA.COM Attachment number 1 Page 29 of 61 ST, PETERSBURG . FL AND CHICAGO. IL Item # 33 Attachment number 1 Page 30 of 61 ;~I___ ,.___,_.Jl::.~~HrL~n.ovt.,\lDs;,~VV. . City might want your land By f\An~e.Dpl)i1~, TImes Staff Writer Published Thursday, May 15, 2008 9:21 PM .. _'. .......,....... ._..-......~.......,~~~........,.....~_.,... ..,,.." ,';,__,.~. ..~.......,._"._~._~."......_~...~.,," ",~_......__ ""'d.,' . ,...... If you own commercial property along Clearwater Beach, expect MarK Searcy at your door. The Chase Real Estate agent and the firm were tapped by Clearwater officials Thursday to help assemble enough property to build the long-discussed parking garage the beach desperately needs. to' "I just bought a brand new pair of tennis shoes and I'm going to visi~,~);tery owner and ask them: 'How are you doing. would you like to sell your land to the city, and how much?''' said8'~arcy, 47. The City Council unanimously agreed to let Chase Real Estate. a beach firm, act as its broker in finding at least an acre of south beach property to build a 300-space garage. The firm was selected from six contenders that sought the contract the council Issued in March. City Attorney Pam Akin said staffers recommended Chase because they "were most interested In people with beach experience ... but all the applicants were very qualified." . Council member Paul Gibson. a beach real estate agent. said the company was well-qualified and he had faith it could get the job done. In the meantime, the city, which has held some off-and-on talks with other landowners, will end discussions and let Chase do all the work. The firm has one month to assemble the land. negotiate a price with the owners and bring an offer to the city. If successful, Chase wUl get a 3 percent commission from the sellers. If the deal falls through, then the city will pay Chase $5,000 for its ''time and for a market study that details the conditions contributing to the inability to acquire an appropriate site." according to the response the company submitted to the city. If the firm fails, the city will consider using its own property to build a garage, a move that would most likely lead to a garage belng built on the existing south beach parking lot near where the old Adam's Mark hotel once stood. But Searcy says he's planning to succeed. .We're going to get 1 acre - no matter whether it's from one owner or five owners," the real estate agent said. "But the owners have to be realistic about the price and the city has to realize that because they passed the density (ordinance that lets hotel developers build more units), the window of opportunity is small." In Its proposal, Chase officials say they have already found one spot: three parcels that totalt. 1 aeres on Coronado Drive across the street from where the Hyatt Aqua\ea condo-hotells rising. Searcy said he thought the property might sell for . http://www.tampabay.com/news/localgovernmentlarticle508778.ece 5/16/2008 Item # 33 . . . Attachment number 1 Page 31 of61 $8-million to $10-million, but negotiations are still open. The Chase proposal also pointed out that Searcy played a hand in assembling land for the $125-million Marbella condo project, located on parts of Coronado Drive and S Gulfview Boulevard, which has since been put on hold. The city at this point has $6-million set aside that it could use to buy property. And it has $12.5-mlllion in planned revenues earmarked for a beach parking garage in last year's voter-approved Penny for Pinellas sales tax, which can be used to build capital projects or fund major infrastructure Improvements. The garage could cost as much as $9-milllon. Chase officials will meet with city leaders Tuesday to determine just how much Clearwater is willing to spend. City leaders have spent 10 years talking about a parking garage. Discussions with developers failed, mostly because prices were too steep, City leaders say the rapidly dropping real estate market coupled with rising insurance costs could make property owners willing to sell. If so, theYf-e ready to deal. The city does not want to build on the waterfront, but rather a few blocks away. Thafs why building a garage on the city- owned property by the Adam's Mark, which is on the water, is considered a last resort. In May 2003, city leaders discussed building a 335-space garage on top of the 1.4-acre lot. But residents were horrified, saying it would close the window to one of the only places in south Clearwater Beach where motorists can catch a glimpse of the Gulf of Mexico from their cars, >>Fast facts What's next The city has asked Chase Real Estate to assemble about an acre of land so it can build a beach parking garage. The firm already has three pieces put together: the Golden Villa Motel, 228 Harnden Drive; the Riviera Motel, 221 Coronado Drive; and the Echo Sails Motel, 216 Harnden Drive. C 2008 · All Rights Reserved' St. Petersburg Times 490 First Avenue South. St. Petersburg, FL 33701 · 727-893-8111 Cont!;lJ;t Us I .)oi!JU~ I A.cl'l~rtis.e witl1l)s I Subscribe to the. Tim~s Privacy PoliCY I Standard of Accuracy I Terms, Conditions 8<nCQpyrjght http://www.tampabay.com/newsllocalgovernmentJarticle508778.ece 5/16/2008 Item # 33 . . . Attachment number 1 Page 32 of 61 11 Windows live" HotmaiL markl realtor@hotmail,com Printed: Monday, June 9,20089:03 PM From : Reply-To: Sent: To: SUbject : Oearwater Beach Chamber of Commerce <office@beachchamber.com> office@beachchamber.com Wednesday, May 28,2008 1:13 PM wmsearot@chaseflorida.com You'll want to read this! CLEARWATER BEACH ~~:~~~~; -~~~ WWW.BEACHCHAMBER,(OM ~ ~ .I Weekly Update Bringing a World of Business to Your Door May 28, 2008 ,1 ,',::~::~I!}i~, ~ '~:~~'> - _ : , , . ". ,~7r,~~!:". . ' r 1 'l'A"':1.~.. ~ d!;~/';ffJj':t~, ~ f\, ^! . ~ I '1 ~lfit j\/ <' ',1:~f~~M:':':. ' ': Good morning Mark Have you gotten your table of friends and colleagues together for the June 12th Awards Banquet? Please RSVP to the office ASAPI Your payment Is your reservation and yes, you can pay online! "Our Chamber Rocks" ~ Visit Our Weekly Update Sponsor You'll want to b. at this .v~nt to h~ar our "BREAKING NEWS"I { Ii ()....----. .'/4.../:., ~~:7- .. -- CALEDESI is #1 Beach in America! Pristine St, Pete/Clearwater 'Getaway' Tops 2008 List Hawaii, California outranked by 'Secret' Florida favorite I Coastal expert Dr, Stephen Leatherman, a,k,a, "Dr, Beach," has named Caladesi Island State Park America's Top Beach for 2008, Labeling it his "favorite getaway beach," Leatherman lauded the ., pristine barrier island's "powder white" sand and "warm, crystal-clear" _""'" water in bestowing it the number one spot, nudging it into first place from the #2 ranking it received in both 2006 and 2007, See LINK to Dr, Beach elsewhere on this page, 727.210-1464 Sales & Rentals Debra Gregory, GRI Broker/Owner Can A Beach Parking Garage Happen? . The City of Clearwater has selected CBCC member Chase Real Estate, as their broker of choice to assemble land for a public parking garage on Clearwater Beach, International Property Specialist This offers commercial landowners the opportunity to sell their property to the City of Clearwater for this much needed parking project. The parking garage is necessary to help alleviate the lack of parking and the traffic congestion, 727.365-6752 http://by125fd.bay125.hotmai1.msn.comlcgi -bin! getmsg?cunnbox=00000000%2dOOOO... 6/9/2008 Item # 33 M~l..l tlounall - . If you are a commercial landowner or a Real Estate agent with a current commercial listing on the island, please contact Mark Searcy at 727 '409-5813 (email at wmsearcy@chaseflorida,com) or Walt Chase 727-447-3223.(email to wchase@msn.coml This window of opportunity, to make the parking garage a reality, will close within the next 30 days, Tam a Ba Hosts The Bowl in '09 ~ .~ Take advantage of the opportunity to advertise for this event The Super Bowl is expected to expand the regional economy by an estimated $350 million through tourism that will create jobs; effe<:tively market our destination; encourage community involvement; contribute to local business development and add to the overall quality of life of our residents TANPA BAV OZ.O,.09 Take advantage of advertising for an unbelievable $200! The sooner you sign on, the more bang you'll get for your advertising buck! The ads will run thru Super Sunday, A Banner on our website homepage will take visitors to your ad that will appear on our Upcoming Events Page, Call for more info and get in on this great deal to promote your SUPER BOWL SPECIALS! Sign up for the award-winning E-Lert electronic newsletter. The E-Lert: Hurricane and Safety News provides the most current Plnellas-spedfic Information about hurricanes. severe weather and other disasters. The monthly electronic newsletter also gives Instant updates from the county's Emergency Operations Center in the event a hurricane threatens the Tampa Bay area, Click here to learn more and subscribe. A New Restaurant or Twol . . From our friends at Britts on Clearwater Beach comes a new restaurant! Fishtail Willy's Ocean Grill is located at 2543 Countryside Blvd, Clearwater, in the back of the Countryside Centre, Doors open every day for lunch at 11 :OOam with the kitchen closing at 10:00pm. The Mermaid lounge remains open late night every day with selecl menu items available, Fish Tail Willy's Ocean Grill is not a chain restaurant, but a Clearwater Original, Stop by and wish lior 'Mazel Tov' and tell him you heard about it here! Also watch for a long time beach favorite to expand its presence to Beach Walk! Pink Power Walkl . Get some PINK POWER a help fight Cancer and Violence! We hope you are planning to support our .Pink Lady", Betty Furniss in her PINK POWER fundraiser Saturday, May 31 ! All proceeds from this event will benefit the Mary Kay Ash Charitable Foundation dedicated to finding a cure for cancers affecting women and putting an end to domestic violence, A really great day - short walk, silent auction, raffles, SO/50 drawing, a nice goody bag filled with great stuff and the pink bike winner will be announced! Don't miss the fun and do bring a friend along! Even if you can't attend the event, you can make a donation (check to the MKACF) or you could buy a chance or two to win the PINK BIKE! Stop into Tommy Duffs on Island Estates to see the bike, And if you or a friend are a cancer survivor or are undergoing treatment, you are invited to autograph it! Ask for the special paint pen, Contact Betty to register,for more information call 447A646 or email her at bettyfurniss@marykay,com Save the Dates I #MY 31st - 2nd Annual Mary Kay PInk Power Walk ~ 3rd . SAM BOD Meeting at Frenchy's Rockaway Grill 12th - Annual Awards Banquet at Shephards Wave Tiki Bar and Nightclub. . . . 2 TICKETS to Each of FIRST 4 CALLERS Attachment number 1 Page 33 of 61 Mark Thirey Realtor/Associate 727-517- 5300 Anna Aliaga, GRI Broker/Associate 727-455-6600 Your life is waiting, make the move! Chamber Website Click on tM Link of the WNlcl Or. Beach! ThmbLf9Ltb~ W~ck Mark Twain said: If you don't read the newspaper, you are uninformed. If you do read the newspaper, you are misinformed . Florida Orchestra Free Tickets! Beethoven ft Brahms Thu.May,29, 8:00 REH Sat.May,31, 8:00 MAH Call Us! Contact Us: 727.447.7600 .~ Pay Online Read our June monthly newsletter, Beach Update, online! Click Here r ~_m__. - _.- .-- .--'..-P\ Advertise With I The Chamber! I r~!,.t"I., ~~iN!TS! http://by125fd.bay125.hotmai1.msn.comlcgi -bin! getmsg?curmbox=00000000%2dOOOO... 6/9/2008 Item # 33 . . . Attachment number 1 Page 34 of 61 11 Windows Live- Hotmai, mark1 realtor@hotmail,com Printed: Monday, June 9,20088:56 PM From: Clearwater Beach Chamber of Commerce <office@beachchamber,com> offlce@beachchamber.com Wednesday, June 4,2008 1:05 PM wmsearcy@Chaseflorida.com Are You Going To Read This? Reply-To: Sent: To: SUbject: CLEARWATER BEACH (HAMBEROF COMMERCE - ~--~r- - ~-".~ . WWW,8EACH(HA.M.BER,(OM ~m ~ .I Weekly Update Bringing a World of Business to Your Door June 4. 2008 Caledesi Island the #1 beach in America! " :n;~{~,..t:~;; !. ",,,r~,>t.J>lI\. I. -, 1 '; :~~f#;~;1,~;J", ( , ,'i~,'\~.~~~~;~~::" " . ! I, I'. V~:~~~~ifJ f~~;~:'" \ " ~I "' w.'" "J>, I-i",," , \' "'.' ,\,,~, Wl"'l-,",'" I r I_~~'.. '; ~ t1'f-i~~'P:&ffr~' ~!;!.,' ',~j '; , 1 II' ,~ I JtI.''1, Jll!l;,...~ "," l'" ", !.l \ " . ~ ,~,,~~.'" 18,......., '" l ,) ; " ',:,,' ~:~)'~~~:I]~ ;/> '- '> I I ,,, .1 f' t:.l .. ~ , -"., I,' ")",,., \'(,' T "'?i~#l;J-~;f ::, Good morning Mark Visit Our Weekly Update Sponsor ThIs Is the fInal week to make reservatIons for the June 12th Awards Banquet? Please RSVP to the office ASAP/ Your payment Is your reservatIon and yes, you can pay onlinel Don't mIss out on thIs sreat evenlns at Shepharcfs Beach Resort, Pre-Dinner cocktails & hors d'oeuvre party begIn at 6:00 p.m. Musical entertainment will be provided by Muslcallmases. .Our Chamber Rocks- ~ I .. (;z..-:"..-u, ,'/"4...t:., ~~- ... ".w You'll want to In at this .vent to h.ar our "BREAKING NEWS./ Hint: It's the only one In the worldl 727.210-1464 Can A Beach Parking Garage Happen? . EQUALLY IMPORTANT IS "WHERE"? The first place we need parkins is in the Beach Walk area on south Clearwater Beachl The 2nd consideration should be that it is constructed to allow for future spaces to be added. The 3rd consideration Is to design it to be both esthetically pleasing and so that ingress and egress will alleviate, not add to traffic congestion. No small task, but there's only one chance to get It right. Sales & Rentals Debra Gregory, GRI Broker/Owuer Commercial landowners have the opportunity to sell their property to the City of Clearwater for this much needed parking project, If you are a commercial landowner or a Real Estate agent with a current commercial listing on the island, please contact Mark Searcy at 727.409-5813 (email atwmsearcy@chasefiorida.com) or Walt Chase 727.447-3223, Internationa' Property Specialist 727.365-6752 http://by125fd.bay125.hotmai1.msn.com/cgi -bin! getmsg?curmbox=00000000%2dOOOO... 6/9/2008 Item # 33 . . . lVl~l 'I l.lVUHQ.11 - Attachment number 1 Page 35 of 61 11 Windows Live- Hotmail Printed: Monday, June 9, 2008 8: 57 PM mark 1 realtor@hotmail,com From: Reply-To: Sent: aearwater Beach Chamber of Commerce <office@beachchamber.com> office@beachchamber.com Wednesday, May 21, 2008 1:05 PM wmsearcy@chaseflorida.com Your May 21st Weekly Update To: Subject : CLEARWATER BEACH ~~:~~~~~ _ <~r- WWW.8EA(H(HAMBER,C.OM otrJoG m ~ .I Weekly Update Bringing a World of Business to Your Door May 21, 2008 " ,.' 11:'\'" ~ ,tj;<,","1, . j " :}.::,~:tr:rfl. ~ ~;r.~I~:' ",-, I 1 I , -,' '/" -',~;I ,,:,~; " 1 <, '\ '; l:' '.V/d~IJJ;!~;.j~ ,>. :' I -I , ")" lq >l i~~?J,l1a:'(~wiI1~'mro:,1lt' , _, ":1 ;'",~t';:~f.~1': lU '\ , , ,;~It~%?~~.~t;. I ,> 11.~~U~4{~tJ;J~:~ Good morning Mark Have you gotten your table of friends and colleagues together for the June 12th Awards Banquet? Please RSVP to the office ASAP! Your payment Is your reservatIon and yes, you can pay online! .Our Chamber Rocks. ~ Visit Our Weekly Update Sponsor Can A Beach Parking Garage Happen? . r . (;7,.;.:-.. :/&...1:.. ~~ - ... .... The City of Clearwater has selected CBCC member Chase Real Estate, as their broker of choice to assemble land for a publiC parking garage on Clearwater Beach, 727.210.1464 This offers commercial landowners the opportunity to sell their property to the City of Clearwater for this much needed parking project, The parking garage is necessary to help alleviate the lack of parking and the traffic congestion, Sales & Rental. If you are a commercial landowner or a Real Estate agent with a current commercial listing on the island, please contact Mark Searcy at 727-409-5813 (email at wmsearcy@chaseflorida,com) or Walt Chase 727-447.3223.(email to wchase@msn.comj This window of opportunity, to make the parking garage a reality, will close within the next 30 days, Debra Gregory, GRI Broker/Owuer Interaational Property Specialist Hosts The Bowl in '09 727.365-6752 stJp.A so...\. ~ Take advantage of the opportunity to advertise for this event The '* * Super Bowl is expected to expand the regional economy by an ....-.. ~ http://by125fd.bayI25.hotmail.msn.comlcgi-bin/getmsg?curmbox=00000000%2dOOOO.. . 6/9/2008 Item # 33 e COMPARABLE PROPERTIES DATE OF SALE ADDRESS $ SQFT 1) 01-12-2006 411 S Gulfview Drive $2,000,000 7,697 (Average $260 per sq ft) 2) 12-22-2006 333 Harnden Drive $3,000,000 16,953 (Average $177 per sq ft) 3) 09-26-2005 326 Coronado Drive $10,320,000 53,897 (Average $197 per sq ft) 4) 09-20-2005 415 Coronado Drive $2,370,000 14,205 (Average $167 per sq ft) 5) 08-09-2005 345 Hamden Drive $3,450,000 9,240 (Average $373 per sq ft) 6) 08-04-2005 350 Harnden Drive $3,400,000 24,754 (Average $127 per sq ft) . 7) 08-01-2005 326 Harnden Drive $3,900,000 21,531 (Average $181 per sq ft) 8) 07-29-2005 229 Coronado Drive $4,150,000 19,800 (Average $210 per sq ft) 9) 06-29-2005 101 Coronado Drive $4,083,000 10,284 (Average $397 per sq ft) 10) 05-26-2005 346 Harnden Drive $1,800,000 13,320 (Average $135 per sq ft 11) 03-07-2005 41 Devon Drive $2,400,000 16,500 (Average $145 per sq ft) 12) 01-18-2005 316 Harnden Drive $2,200,000 11 ,987 (Average $183 per sq ft) 13) 01-18-2005 315 Coronado Drive $2,200,000 6638 (Average $331 per sq ft) . Attachment number 1 Page 36 of 61 Item # 33 Attachment Page 38 of ~1umber 1 23 . . . Attachment number 1 Page 39 of 61 ASSEMBLAGE #1 1) City lot (corner of Devon Drive and Harnden Drive) irregular lot size 16,430 sq ft (.3664 acres) 2) "Echo Sails" 216 Harnden Drive 135 x 115 = 15,525 sq ft (.3564 acres) 3) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft (.38 acres) 4) "Riviera" 221 Coronado Drive 185 x 105 = 19425 sq ft (.4516 acres) TOTAL OF "SQUARE" WITH CITY PIECE = 67,880 sq ft (1.56 acres) COST = $9.7 million Item # 33 . . . ASSEMBLAGE #2 1) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft (.38 acres) 2) "Sunrise" 229 Coronado Drive 90 x 220 = 19,800 sq ft (.46 acres) TOTAL OF "SQUARE" = 36,300 sq ft (.84 acres) COST = $7 rnillion Attachment number 1 Page 41 of61 Item # 33 . . . " Attachment number 1 Page 43 of 61 ASSEMBLAGE #3 1) 301 Coronado Drive irregular lot size (.3131 acres) 2) 309 Coronado Drive irregular lot size( .5896 acres) TOTAL OF "SQUARE" = 39,600 sq ft, (.901 acres) COST = $9.5 million Item # 33 . . . ASSEMBLAGE #4 1) 316 Harnden Drive (portion) irregular lot size approx (.2752 acres) 2) 326 Harnden Drive (portion) irregular lot size approx (.4943 acres) 3) 321 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 4) 315 Coronado Drive irregular lot size ( .1524 acres) 5) 317 Coronado Drive 60 x 110 = 6,600 sq ft (.1515 acres) TOTAL OF "SQUARE" = 39,600 sq ft (.901 acres) COST = $8.56 million Attachment number 1 Page 45 of 61 Item # 33 . . . Attachment number 1 Page 47 of 61 ASSEMBLAGE #5 1) "New Yorker" 332 Harnden Drive 87 X 110 = 9,570 sq ft (.2191 acres) 2) "Tropical Sky -Ranch" 333 Coronado Drive 63 X 110 = 6,930 sq ft (.1592 acres) 3) 331 Coronado Drive 61 X 110 = 6,710 sq ft (.1540 acres) 4) 327 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 5) 330 Harnden Drive 97 X 110 = 10,670 sq ft (.2449 acres) TOTAL OF "SQUARE" = 40,480 sq ft (.9293 acres) COST = $9.16 million Item # 33 e . . Attachment number 1 Page 49 of 61 ASSEMBLAGE # 6 1) "Gem Tower Motel" 341 Coronado Drive 7.0 X 220 = 15,400 sq ft (.3535 acres) 2) "Tropicana Motel" 347,353 Coronado Drive/350 Harnden Drive Irregular lot size = 20,524 sq ft (.4712 acres) 3) "Tri-Plex" 345 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 4) "Albatross Motel" 346 Harnden Drive irregular lot size = 13,321 sq ft (.3058 acres) TOTAL OF "SQUARE BLOCK"= 55,845 sq ft (1.282 acres) TOTAL COST = $8.5 million Item # 33 . . . Attachment number 1 Page 51 of 61 ASSEMBLAGE # 7 1) "Tropicana Motel" 347,353 Coronado Drive/350 Harnden Drive Irregular lot size = 20,524 sq ft (.4712 acres) 2) "Tri-Plex" 345 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 3) "Albatross Motel" 346 Harnden Drive irregular lot size = 13,321 sq ft (.3058 acres) TOTAL OF "SQUARE" = 40,445 sq ft ( .9285 acres) TOTAL COST = $4.5 million Item # 33 e ASSEMBLAGE # 8 1) "Barefoot Bay Resort" 401 East Shore Drive Irregular lot size = 14,100 sq ft (. 3237 acres) 2) "Beverly Dollar Lot" 403 East Shore Drive 65 X 180 = 11,700 sq ft (.2685 acres) 3) "Rogers Lot #1" 405 East Shore Drive 65 X 152 = 9,880 sq ft (.2268 acres) 4) "Rogers Lot #2" 409 East Shore Drive 60 X 163 = 9,780 sq ft (.2245 acres) 5) "City Lot" 18 x 200 = 3,600 sq ft (.0826 acres) e TOTAL OF "SQUARE" = 49,060 sq ft (1.126 acres) TOTAL COST = $11.2 million . Attachment number 1 Page 54 of 61 Item # 33 . . . Attachment number 1 Page 56 of 61 ASSEMBLAGE # 9 1) "Olympia Motel" 423 East Shore Drive 100 X 121 = 12,100 sq ft (.2777 acres) 2) "Anna Motel" 425 East Shore Drive 50 X 137 = 6,850 sq ft (.1573 acres) 3) "Anna Motel" 441 East Shore Drive 49 X 140 = 6,860 sq ft (.1575 acres) 4) "Papaya Street" Approxirnately 60 X 140 = 8,400 sq ft (.1928 acres) TOTAL OF "RECTANGLE" = 34,210 sq ft (.7850 acres) TOTAL COST = $5 million Item # 33 . . . ASSEMBLAGE # 10 1) "City Lot" Approximately 70 X 115 = 8,050 sq ft (.1848 acres) 2) "Cotellnc" (City Lot) 150 X 115 = 17,250 sq ft (.3960 acres) 3) "Tsafatinos Lot" 406 East Shore Drive 50 X 115 = 5,750 sq ft (.1320 acres) 4) "Traveler Motel" 408 East Shore Drive 100 X 115 = 11,500 sq ft (.2640 acres) TOTAL OF "RECTANGLE" = 42,550 sq ft (.9768 acres) TOTAL COST = $6 million (plus 3,600 sq ft of retail space) Attachment number 1 Page 58 of 61 Item # 33 . . . Attachment number 1 Page 60 of 61 ASSEMBLAGE # 11 1) "Gruver's Gas Station" 415 South Fort Harrison Street 90 X 184 = 16,560 sq ft (.3802 acres) 2) "Harrison's Grille" 401 South Fort Harrison Street 60 X 190 = 11,400 sq ft (.2617 acres) 3) "Markley Street" Approximately 60 X 190 = 11,400 sq ft (.2617 acres) 4) "City Lot" (North of Harrison's Grille) Approxirnately 60 x 190 = 11,400 sq ft (.2617 acres) TOTAL OF "LOT" = 50,760 sq ft (1.165 acres) TOTAL COST = $6 million Item # 33 Jul 08 08 02:19p Linda Christm.i3n 727-445-9589 Attachp1e~number 2 Page 1 of 1 Rod Irwin Assistant City Manager City Of Clearwater JUly 8th, 2008 RE: Final Presentation Parking Garage Assemblage Rod, Enclosed is a copy of my final presentation to City Council and updated price sheets of assemblages. Please review them and let me know if you want to make any changes. I will continue to work to get the prices reduced up until next Monday's Work Session. Hope your vacation was relaxing and memorable! ,,{/1cJ ~~ Mark Searcy CHASE REAL ESTATE Commercial Division 660 MANDALAY AVENUE - CLEARWATER BEACH, FL 33767 OFFICE 727447-8800 " 727447.8814 FAX WWW.CHASEFLORIDA.COM ---- --~~_.__._._- --ttem-#-33 ~..... '::::-:.:.:r~:::2.'...-E;2 v '_=~ ;.:~~"-[', C:<:Cf,GC,. ~'- COMPARABLE PROPERTIES 2005 DATE OF SALE ADDRESS $ SQFT 1) 09-26-2005 326 Coronado Drive $10,320,000 53,897 (Average $197 per sq ft) 2) 09-20-2005 415 Coronado Drive $2,370,000 14,205 (Average $167 per sq ft) 3) 08-09-2005 345 Harnden Drive $3,450,000 9,240 (Average $373 per sq ft) 4) 08-04-2005 350 Harnden Drive $3,400,000 24,754 (Average $127 per sq ft) 5) 08-01-2005 326 Harnden Drive $3,900,000 21,531 (Average $181 per sq ft) 6) 07-29-2005 229 Coronado Drive $4,150,000 19,800 (Average $210 per sq ft) 7) 06-29-2005 101 Coronado Drive $4,083,000 10,284 (Average $397 per sq ft) 8) 05-26-2005 346 Harnden Drive $1,800,000 13,320 (Average $135 per sq ft 9) 03-07-2005 41 Devon Drive $2,400,000 16,500 (Average $145 per sq ft) 10) 01-18-2005 316 Harnden Drive $2,200,000 11,987 (Average $183 per sq ft) 11) 01-18-2005 315 Coronado Drive $2,200,000 6,638 (Average $331 per sq ft) 2005 TOTAL: $40,273,000 divided by 204,156 sq ft = $197 per sq ft Approximately $8.6 million per acre Attachment number 2 Page 1 of 1 Item # 33 COMPARABLE PROPERTIES (CONTINUEDl 2006 DATE OF SALE ADDRESS $ 1) 01 ~ 12-2006 411 S Gulfview Blvd $2,000,000 (Average $260 per sq ft) 2) 12-22-2006 333 Harnden Drive $3,000,000 (Average $177 per sq ft) SQFT 7,697 16,953 2006 TOTAL: $5,000,000 divided by 24,650 sq ft = $203 per sq ft Approximately $8.8 million per acre 2007 1) 12-00~2007 430 S Gulfview Blvd $17,500,000 80,070,000 (Average $219 per sq ft) PLEASE NOTE: PROPERTY ORIGINALLY SOLD IN 2003 FOR $20,138,200 AND AGAIN IN 2005 FOR $31,500,000 2007 TOTAL: $17,500,000 divided by 80,070,000 sq ft = $219 per sq ft Approximately $9.5 million per acre (Page 2) Attachment number 2 Page 1 of 1 Item # 33 Attachment number 2 Page 1 of 1 ASSEMBLAGE "SUPER BLOCK" 1) City lot (corner of Devon Drive and Harnden Drive) irregular lot size 16,430 sq ft (.3664 acres) 2) "Echo Sails" 216 Hamden Drive 135 x 115 = 15,525 sq ft (. 3564 acres) 3) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft (.38 acres) 4) "Riviera" 221 Coronado Drive 185 x 105 = 19,425 sq ft (.4516 acres) 5) "Sunrise" 229 Coronado Drive 90 x 220 = 19,800 sq ft (.46 acres) 6) 35 Devon Drive (Decade Properties) 100 x 110 = 11,000 sq ft (.2525 acres) 7) "Anchor Mart" 207 Coronado Drive 50.25 x 110 = 5,525 sq ft (.1263 sq ft) TOTAL OF "SUPER BLOCK" WITH CITY PIECE = 104,205 sq ft ( 2.392 acres) COST = $16 million with concession for parking for 35 Devon Drive site. REVISED COST = $13.4 MILLION WITH CONCESSION FOR PARKING FOR 35 DEVON DRIVE SITE. Item # 33 Attachment number 2 Page 1 of 1 ASSEMBLAGE #1-A 1) City lot (corner of Devon Drive and Harnden Drive) irregular lot size 16,430 sq ft (.3664 acres) 2) "Echo Sails" 216 Hamden Drive 135 x 115 = 15,525 sq ft (.3564 acres) 3) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft (.38 acres) 4) "Riviera" 221 Coronado Drive 185 x 105 = 19,425 sq ft (.4516 acres) 5) 35 Devon Drive (Decade Properties) 100 x 110 = 11,000 sq ft (.2525 acres) TOTAL OF "SQUARE" = 78,880 sq ft (1.81 acres) COST = $8.9 million with concession for parking for 35 Devon Drive site Item # 33 Attachment number 2 Page 1 of 1 Attachment number 2 Page 1 of 1 ASSEMBLAGE #1-B 1) City lot (corner of Devon Drive and Hamden Drive) irregular lot size 16,430 sq ft (.3664 acres) 2) "Echo Sails" 216 Harnden Drive 135 x 115 = 15,525 sq ft (.3564 acres) 3) "Riviera" 221 Coronado Drive 185 x 105 = 19,425 sq ft (.4516 acres) 4) 35 Devon Drive (Decade Properties) 100 x 110 = 11,000 sq ft (.2525 acres) TOTAL OF "SQUARE" = 62,380 sq ft (1.43 acres) COST = $6.1 million with concession for parking for 35 Devon Drive site Item # 33 ASSEMBLAGE #2 1) "Golden Villa" 225 Coronado Drive irregular lot size 16,500 sq ft (.38 acres) 2) "Sunrise" 229 Coronado Drive 90 x 220 = 19,800 sq ft (.46 acres) TOTAL OF "SQUARE" = 36,300 sq ft (.84 acres) COST = $7 rnillion REVISED COST = $6.3 million Attachment number 2 Page 1 of 1 Item # 33 Attachment number 2 Page 1 of 1 ASSEMBLAGE #3 1) 301 Coronado Drive irregular lot size (.3131 acres) 2) 309 Coronado Drive irregular lot size( .5896 acres) TOTAL OF "SQUARE" = 39,600 sq ft (.901 acres) COST = $9.5 million REVISED COST = $7.99 million Item # 33 Attachment number 2 Page 1 of 1 ASSEMBLAGE #4 1) 316 Hamden Drive (portion) irregular lot size approx (.2752 acres) 2) 326 Hamden Drive (portion) irregular lot size approx (.4943 acres) 3) 321 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 4) 315 Coronado Drive irregular lot size (.1524 acres) 5) 317 Coronado Drive 60 x 110 = 6,600 sq ft (.1515 acres) TOTAL OF "SQUARE" = 39,600 sq ft (.901 acres) COST = $8.56 million REVISED COST = $7.38 rnillion Item # 33 Attachment number 2 Page 1 of 1 ASSEMBLAGE #5 1) "New Yorker" 332 Hamden Drive 87 X 110 = 9,570 sq ft (.2191 acres) 2) "Tropical Sky Ranch" 333 Coronado Drive 63 X 110 = 6,930 sq ft (.1592 acres) 3) 331 Coronado Drive 61 X 110 = 6,710 sq ft (.1540 acres) 4) 327 Coronado Drive 60 X 110 = 6,600 sq ft (.1515 acres) 5) 330 Hamden Drive 97 X 110 = 10,670 sq ft (.2449 acres) TOTAL OF "SQUARE" = 40,480 sq ft (.9293 acres) COST = $9.16 million REVISED COST = $8.88 million Item # 33 "'OONool.O ....0000"""~ ~t8~ool.ci~ ClOOOooN""," ....00""'"LJ1~ ~t8~ool.ci~ co o o N M- ...... ~ ~BB~[::::j~ ~~t8~ool.ci~ ::J <l: \OOO"","MI.O ....000000 ~t8~r'I.ci~ ""00"","00'l ....OOLJ1OO~ OLJiLJir'LJi..-l NI.OLJ1 ..-I 'ltOONMI.O ....OOMI.O~ ~g~r'LJi~ ..... 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('I) ('I) ::t:I:: E Q) ...... 1;:; ;:: ro '" 1;:; ,s ?f2. ... -0 C ro ;':l o N ro '" >- EOJ g-15 ~ ~ ..c ..... ... 0-0 '" C :G ro "'LJ1 L.-< .~ ~ roro :J '" c>- ~~ C'" ro L Kl.E E'# :JLJ1 ill'" ro-o OlC .~ ~ t.-< roo D-N ~ L C ro '" '" '(11 >- C '" ....c ~~ '.8 ~'# roo "'''' ~-g ~ .- ro a ~8 B 'a- ~ ~... 'Oro e &l ~ 1:: t;; ro OJ OJ 8 ~.p ~ .:t:: ~~ ~ Sl ~1:: !if -g c OJ . OJ .0 ~~~~~~ ~ .2, '0 a:i '0 ~ Kl~2.~2ro ~~~~~~ VI c C +-' C ... ~~~a:i~~ ~~~ ~~ ~ ~ ~ .~ ':J .~ ~ ~"""roLffroro ~KlKlKlKlKl ..cEE-oE-o 1:::J:J.2:J.2 o VI VI U VI u ~:E.::(!.::(!.s.::(!.s ... ~3B6:~~e Attachment number 4 Page 1 of 8 August 5th, 2008 Ms. Tracey Bruch Parking Facilities Manager City of Clearwater Public Works Department P.O. Box 4748 Clearwater, FL 33758-4748 RE: South Beach Parking Garage Site and Functionality Analysis Dear Tracey: Timothy Haahs & Associates, Inc. (TimHaahs) is pleased to present a proposal for you to consider with regards to operations and layout of the parking garage that is being considered in the South Beach area of the City of Clearwater. Below you will find information relating to the proposal and drawings attached. Code Analvsis GENERAL Principal Use: PARKING GARAGE Zoning District: Tourist District (T) Lot Area: 32,420 Sq. Ft. more or less Legal Description: Address: Coronado Dr., Clearwater, FL ITEM REQUIRED PROPOSED FAR N/A Total area of garage = 116,640 Sq. Ft. Total Lot Area = 32,420 Sq. Ft. FAR = 116,640/32,420 = 3.6 PARKING REQUIRED N/A 272 spaces LOT COVERAGE N/A 75% OPEN SPACE 7976 sq. ft. 24,444 sq. ft. SETBACKS Adjacent to Streets: Coronado Dr. 15'-0" 15'-0" Hamden Dr. 12'-0" 11 '-0" North side of property 0' 11 '-0" South side of property 0' 3'-0" Building Height 100'-0" Max. 46'-0" Item # 33 K! Attachment number 4 Page 2 of 8 Lavout Criteria and Parkina Standards: The site dimensions as provided by the city are shown on the site plan drawing (page 2). As per Beach by Design's guidelines, the set backs are as follows: 15'-0" from Coronado Dr. and 12'-0" from Hamden Dr. There are no setback requirements on the north and south edges of the property as they do not front any streets. The height limit is 100' for the parking garage. The parking layout is based upon parking standards as provided in the Community Development code for the City of Clearwater. General: The dimensions of both assemblage 4 and 5 as provided by the city of Clearwater, allows for two bays and a single helix ramp condition so that cars can park on the ramps. The drawings attached show the layout on assemblage # 4. The garage will rise five tiers to a height of 47'-0" and will result in approximately 270 spaces including seven accessible spaces. There will be access to the garage off of both Hamden Dr. and Coronado Dr. A three lane entry/exit gate with one lane dedicated to entry, one lane dedicated to exit, and a third lane in the middle with a reversible gate to allow the option of entry or exit, will be off of Hamden Dr. One entry gate will be provided on Coronado Dr. Pedestrians will have options to exit on either the northeast or southeast corner of the garage by using the stair towers. The elevators will be located on the northeast corner for accessible pedestrian use. Pedestrian access to the beach would be from 5th street and 2nd street (once the Hyatt is open) on Coronado Dr. The distance they would have to travel to reach these intersections would be 584' to 5th St. and Coronado and 390' to 2nd St. and Coronado. Site Issues: To have optimal queuing space, there needs to be at least forty feet prior to reaching the revenue control gates. As a result of the size of the site and the street conditions, the main entrance has been located on Hamden Dr. rather than Coronado Dr. An additional entrance has been added on Coronado to accommodate the traffic that will be coming from this street. Cost Considerations: Due to the width of the site, at least one side of the parking garage will need a fire rated wall. This will more than likely be the south side unless the garage is moved up closer to the north side of the property. Garaae Analvsis South Beach Parking Garage 2 Bays, single helix Five levels of parking Access from Coronado and Hamden Parking Garage Area: 116,640 Sq. Ft. Parking Garage Spaces: 265 standard spaces, and 7 accessible spaces = 272 total spaces Efficiency Ratio: 116,640/272 = 429 Sq. Ft. per space If you have any questions feel free to contact me by phone or by email. Sincerely, Victor Caban-Diaz Project Designer Ph: 305.592.7123 Ext. 20 Email: CC: Roamy Valera, Jim Ebert D- <C :2 :z o I- <C U o --.J ~ u u ~ lj ~I ~ <( N Ul Ul 0 '" "- "- "" Z N Ul "" "" Ul N <( f- U1 0 0 :r: --' z z 0 f- :r: fr: ::0 a Q:; fr: f- <( W "- f- a u :r: ::0 a F fr: W f- a c;: f- 0 [/) "- x S' a x ~ 'f N "O-.ll .O-.ll .O-,\:l o _I ~ '7 -ll -..;- I I 1 I: ~ :! ~ V V 1~-6 V /\ /\ ~ I \ / \ / \ / \ I \/ \ , I - ~--H - I I I J 1 I -g~ ~ 'd'u 'd'u ,,0-,9 l "O-,V2: I J ~ 1 d,U ,,0-,6l , , >-' '-'- w ' uCf c:;::Ul '-'-0 aU) o ,.,.,- N ""- I}' 1";- II III III III III III III III I III III III III III III III II I III III III III III III III III t- ~ ~II~I~ ~ II III III III III III III III III III III III III III III II II III III III I I III III III I I III III III III III III III II I 0::: w I- o :z =:J o 10::: C) N\I^ 'Y \\ ~ .+ " ,-,-0 " 2i:;: , --- -~ / / / / ...... I I t I I 1 51 "" <i: t- U1 i"0 -.l ,,0-,2:9 ==t> ,,0-,2:9 ,,0 .l '0 .1 ill rrJ o .1 ill rrJ o .1 ..;- (J) o .1 ill rrJ o .1 ill rrJ o 1 Co ..;- C) 1 1"0 .l 'd'u ,,0 ,9l ,,0 0:: <i: t- U1 ~Cp cL . >- (J) t- 0... :::J 0... 2 <( a: ~ l 'd'u "O-,tZ ,,0 ,Z9 I J: C) .1 (J) N ~ 0::: W I- o :z o u w U! l 0... :::J 0... 2 <( a: <r o .1 e- N ==t> ,,0 ,Z9 ,,0 9Zl -- I J: 0 0 I I 0, <.0 N n 0... Z ::::J 0 0... 0... ::;;; ::;;; <( <( cr: cr: 0 I <.0 n ~ l 1"0 -.l ,,0-,Z9 ,,0-,Z9 I "O-.l I 1'7 0, N a I <.0 n - - 0... Z ::::J 0 0... 0... 2 2 <( <( ~ ~ a I <.0 n ~ if - - I"O-,l ,,0-,Z9 ,,0-,Z9 I "O-,l ,,0- 9Zl Attachment number 5 ~Clearwater u~ ~ Prepared by: Engineering Department Geographic Technology Division 100 S. Myrtle Ave, Clearwater, FL 33756 Ph: (727)562-4750, Fax: (727)526-4755 www.MyClearwater.com Approximately 43998 sq ft or 1.01 acres Map Document: (V:\GIS\Engineering\Location Maps\opt1_Prop Beach Garage.mxd) Date: 8/14/2008 N W~E s emS~al~:31"=1 00' SUBJECT /RECOMMENDATION: State of Emergency Resolution SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:8/21/2008 Review Approval: 1) Clerk Cover Memo Item # 34 Attachment number 1 Page 1 of 2 RESOLUTION NO. 08-25 A RESOLUTION OF THE CITY OF THE CITY OF CLEARWATER, FLORIDA, CONFIRMING A DECLARATION OF A STATE OF EMERGENCY AND ESTABLISHING EMERGENCY PROCUREMENT PROCEDURES; ESTABLISHING EMERGENCY EMPLOYEE WORK SCHEDULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, a state of emergency in the City of Clearwater was proclaimed by Frank V. Hibbard, Mayor, on August 18, 2008 based on conditions surrounding Tropical Storm Fay; and WHEREAS, the entire City of Clearwater is threatened by the wind and rain and attendant disruption of services and coastal areas are threatened by storm surge attendant to the arrival of Tropical Storm Fay; and WHEREAS, conditions arising from the above-stated emergency have necessitated the establishment of emergency procurement procedures; and WHEREAS, conditions arising from the above-stated emergency have necessitated the establishment of emergency employee work schedules and compensation; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CLEARWATER, FLORIDA; Section 1. A declaration of a state of emergency proclaimed on August 18, 2008, is hereby confirmed. Section 2. It was necessary to establish the following emergency procurement procedures: . The bid/quote requirements were suspended; . Awards of contract for specified department directors were increased from $25,000 to $50,000; . The City Manager and Assistant City Manager were authorized to award contracts without bid through $100,000; . The City Manager had emergency authority above $100,000, but must present an after action ratification item to the City Council for approval at the next available Council Meeting; . Purchasing card dollar limits for single and monthly transactions and their usage (number of transactions) were increased to as much as $100,000/transaction and $500,000/month for personnel specifically approved by the City Manager; and Resolution No. O~ # 34 Attachment number 1 Page 2 of 2 . Department directors involved in emergency and public services and other selected personnel were increased to a "reasonable" amount with the top limits reserved for the City Manager and Assistant City Manager only. Section 3. It was necessary to implement emergency employee work schedules and compensation in accordance with established city policy and procedure as deemed appropriate by the City Manager. Section 4. This resolution shall be effective and shall terminate concurrently with the Pinellas County declaration of a State of Emergency. PASSED AND ADOPTED this day of 2008. Attest: Cynthia E. Goudeau, City Clerk Frank V. Hibbard, Mayor Approved as to form: Pamela K. Akin, City Attorney Resolution No. O~ # 34 SUBJECT /RECOMMENDATION: City Manager Verbal Reports SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:8/21/2008 Review Approval: 1) Clerk Cover Memo Item # 35 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Red Light Enforcement - Councilmember Doran SUMMARY: Meeting Date:8/21/2008 Review Approval: 1) Clerk Cover Memo Item # 36 City Council Agenda Council Chambers - City Hall SUBJECT /RECOMMENDATION: Royalty Theater Appraisal and Acquisition SUMMARY: Meeting Date:8/21/2008 Review Approval: 1) Clerk Cover Memo Item # 37 Attachment number 1 Page 1 of 88 APPRAISAL REPORT DOWNTOWN LOKEY BUILDING PROPERTY AT CLEVELAND STREET COUNTY FLORIDA 33785 Number 08-0305 Attachment number 1 Page 2 of 88 1 Valuation and Advisory Services Florida Division 4350 West Cypress Street Suite 300 FL 33607-4175 813.221 .2290 Tax: 813.224,9403 Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 3 of 88 2 Thank you us concerning the following assistance you, COLLIERS ARNOLD VALUATION AND Ron Sparks, MAl, MBA State-Certified Principal & State-Certified 1 Item # 37 Attachment number 1 Page 4 of 88 OF CONTENTS OF V A I, OE ........ .................................................................................. .......... ............... ....... ....... 1 EXECUTIV E SUM]'v1 Aft Y ............................................................ ...................................................... ........ ............... 3 PHOTO G RAP HS ............. no...................................................... ......... ............................... 5 VAL U A 1'1 ON PR OCESS ......................................................".................................................................................. 10 12 NEIGHBORHOOD 14 MARKET ANALySIS...,....................,.,..",...,....... ..............."..,..,....,...,..,.,..,.......... ................... '" m'...'.......,.......... 15 ANAL YSIS ....,...,...,..................... ....,.................................m..........,...."..........................mm... 20 PRO PERTY D AT A ....... ......... ............................................... ......... ................................... ............ .......... 26 AERIAL PICTURE .....,....,..,.......,..,...,. m......... m..'...,...............,.................. ..... .........,.....,.......,....."....... ................... 28 FLOOD RATE l\1AP ...... .................................... ..................,.......... .......m..........m......'.................. 29 DATA .................. ...........,........,...... ,...,................... ..... ................. ..... ...................... .................... 30 AND USE ANAL Y S IS .... .................................. ............................................................ .............. 32 AND AIJPROACHES TO INCOME CAPITALIZA nON RENT COMPARABLE MAP ...................... .... .... .......... ... .............. ................. ............. ................ ........... ........ ...... 36 RENT COMPARABLE ANALYSIS GRID ............,............. ......, ......................................... ........... ........ ..............45 DIRECT CAPIT AUZA TION DIRECT CAPITAUZA TION GRID................. ...... .... ...........................................,......,...,....,.. .... ........".....".."....52 SALES A PPRO A CH . ................... ................................................................................................ 53 I:fI.1PROVED SALES MAP .""....""............... ................"...... ..."., ..........."............................. ............... ".."...........54 IMPROVED Sl-lLES ANALYSIS I RECONCILlA TION AND FINAL V Al,lIE ESTlMA TE .....................................................................................64 ADDENDA ... .......... ...... ................ ......'............................. ...... ............ ....... ...... ........ ......... ........... .... .......... ....... ......... ...... 66 Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I, I I I I I I I I I I I I I Attachment number 1 Page 5 of 88 We that, of our 1. statements The are in Addenda) as Executive Condensed and assumptions as Extraordinary section), are our conclusions. We no report, and we no of parties Our compensation or in event Our were 6. Ron Sparks, and property is the a of us 8. The reported report has Professional Appraisal of the Code Appraisal Practice 9. use of to review by to 1 As of the date have Appraisal 11. This was valuation, or the based on a of a valuation, a Item # 37 Attachment number 1 Page 6 of 88 Item # 37 I I I I I I I I I I I I I I I I I I I upon our resea rch, the fee I I I I I I I I I I I I I I I I I I I Property Type: Location: Tax Pa.rcel #:1 Attachment number 1 Page 7 of 88 Assessment and Property Taxes: A.ssessment: Purpose of the Appraisal: To Intended Use of the Appraisal: Intended User Site Data Property Rights Appraised: Date of Value 1 Topography: Fort Item # 37 Attachment number 1 Page 8 of 88 Improvement Data: Highest and Best Use Of land as though Of Property as Improved: Income Capitalization Value Conclusion: Sales Comparison Value Conclusion: Value Estimate: Conditions: use $1 area Item # 37 I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 9 of 88 I I I I I I I I I I I I I I I I I I Item # 37 Attachment number 1 Page 10 of 88 I I I I I I I I I I SUBJECT INTERIOR VIEW OF FIRST FLOOR BUILD-OUT I I I I I I Item # 37 I I I SUBJECT FIRST FLOOR VAULT IN USE AS STORAGE I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 11 of 88 SUBJECT SECOND FLOOR BUllo..oUT Item # 37 Attachment number 1 Page 12 of 88 Item # 37 I I I I I I I I I I I I I I I I I I I SUBJECT SECOND FLOOR BUILD..QUT SUBJECT REAR ALLEY 8 I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 13 of 88 SUBJECT NORTHERLY VIEW AI.ONG OSCELOA AVENUe Item # 37 Attachment number 1 Page 14 of 88 was .. Appraisal III Identification III of the III of II Property Rights III Definition of see III Date of III Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 15 of 88 The third step in the as though vacant and use is maximally and requested by typically be is The sixth step and is of Item # 37 Attachment number 1 Page 16 of 88 Market as: are Market Value- and 1. or is or by by Simple Stabilized Occupancy- and or are I Uniform Standanis of Professional 2 The of Reai Estate The of Real Estate page 163. Practice Third Edition p,155. Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I open market for a competitive offerings, 4 The of Real Estate p.345. and Attachment number 1 Page 17 of 88 Item # 37 Attachment number 1 Page 18 of 88 Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 19 of 88 activity decade. Following up mid 2006, the for near The sector a of new construction was had tenants Most developments Overview 5(-~;~e~.:CD:i;fm'Pl'~ Item # 37 Attachment number 1 Page 20 of 88 16 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 21 of 88 <;W}fC~'i;D~~4(FY~l't~-ja:- Overall the Tampa a Absorption and Deliveries The Quarter Quarter 2008 saw a fourth quarter absorption was feet. First absorption as of Third 2007 Item # 37 Attachment number 1 Page 22 of 88 I I 1982 . 2008 ~^v.tjll.~W"iII4; $,f I .. !l,lTh 'i I ~ c ~ ; I I I Vacancy I I 2006-2008 I -'PoWlillr'Con:tilft ~'S~ill-1Cy C.rtti/iU...............~ifl!.i"1IJ IfWt.U ~'hJtlpptffg <;;.nttU' ~""'=M",It--------- -- 'tohitl Mari<Gt I I I ZllD6l'l I I I I I Item # 37 I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 23 of 88 Overall Average Asking Rents The General of $1 SF. sector Summary On balance, it is our and a entity ~ ~. ~ ] ill 00 Q Cl 11~00 ~iPoliilHl" ('e',"hllj' ~Spui.liiltyC~liIir ~(';,~njl.!f.d 'IIi_aU SiIwJ<P'p1Ins' C>fl'nter ""'~;='''~'~M.illU-'TotJdMa,rit61 Tq 2_2q j;'OO \1600 11 Item # 37 Attachment number 1 Page 24 of 88 by as a U.S. Home, the Countywide on downtown. and for the recent the The of Real Estate p,242. Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 25 of 88 drawbridge that connects ,Along the of a new will improve vehicular circulation to Beach,. the new bridge alignment and access will on Downtown, Through traffic is re- to of Downtown, allowing Cleveland to be regain its as Downtown's premier shopping land use, development trends, and linkages - The Cleveland the secondary frontage One block east is Fort commercial corridor commercial retail and arterials with side streets, subject is located along downtown. It has sign ificant 1 a secondary by a mix of along the major along the According to City variety of existing Almost nine the areas immediately small Industrial and Downtown and are Pierce Street and of land area within Martin Luther King, Jr. B. uses were once rendered them uses are concentrated 16 percent of total accommodations, Economic characteristics development neighborhood to oriented space, pursuing a the either office or established a Agency and a in 1981 At original the Community acres stretching from Clearwater Harbor to the Drew Street on north to Chestnut area had same boundaries as the the traditional business district, The City Clearwater Redevelopment Plan for Redevelopment Area comprised Cleveland Plaza Avenue on the south. 1977 RTKL Associates Item # 37 Attachment number 1 Page 26 of 88 a on the Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I II I I I I I I I I I I I I I Attachment number 1 Page 27 of 88 neighborhood its proximity to Conclusion - and is benefiting neighborhood, and residential projects as to the of its downtown Clearwater. The transition new commercial renovation nominally over Item # 37 0) ~<t~ fIl a:: CD .- (.) "- Jj_<t ....>. 'I,- ....0 <D .... "CQ,l C. _ CJ:: CO ... CO 'II:: 0 c..e- ..:::; tI'l .... .- )( <IJ ;Wo.. c.-c E~-g o CO o ~ iJ[l ~ Attachment number 1 Page 28 of 88 I I I, I I II I I I I I I I I I I I I I Item # 37 I I I I I' I I I I I I I I I I I I I I Attachment number 1 Page 29 of 88 Item # 37 Attachment number 1 Page 30 of 88 location and legal Description - provided is a Soil and Subsoil - Drainage Utilities and Government are Private Deed Restrictions - records we our would Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 31 of 88 Concurrency - The with impacts of subject is beyond our issues, or the and quantify Assessment and Property Taxes Appraiser the is Property tax allowed. which is Property History - The with a property is being unit condominium project on and Clearwater is currently $1,500,000. There years. current for $700,000. Corporation past th ree October 2004 Hazardous Substances - a estate materials. Any us such substances should not be waste and/or toxic qualified expert in assumed by us for any knowledge to Item # 37 Attachment number 1 Page 32 of 88 Item # 37 I I I I I I I I I I I I I 'I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 33 of 88 PANEL ZONE DATE 'f 'i 0911 0 lOR H X 2()() SO,) 17 Source: www-floodmaps.com Item # 37 Attachment number 1 Page 34 of 88 Building Type: Building Description .. Number of Buildings: II Number of II " .. Construction III 1 ill Condition: III Effective Age: 15 II Economic Ufe: Design and Functional style no Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I. Exterior Deseri tion Su Roof Roof Doors Windows III. Interior Descri Floor Walls Wall Ceilin IV. Attachment number 1 Page 35 of 88 Americans with Disabilities Act - sets specific for industrial expertise. We to determine ADA the subject is not Conditions, 1990 and is beyond our the improvements cure. We assume see Limiting parking is typical the Conclusion - The The improvements should have Item # 37 Attachment number 1 Page 36 of 88 The Dictionary of Fleal Estate Appraisal, p. 171 Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 37 of 88 being appraised of a The exposure is "the sale based upon Exposure Our market appraisal; a retrospective a and open market. of appraisaL,,7 had been exposed to sale on August 12,2008. The marketing period is market subsequent would be credit, and other related verification process that the subject completion. on the to sell availability of the we estimate upon 7 The of Real Estate 8 The of Real Estate p.126. p,220. Item # 37 Attachment number 1 Page 38 of 88 are are I I I I I I I I I I I I I I I I I I I II Cost Approach - A derived for to III Income II Sales Comparison indication of Real Estate The of Real Estate 11 The of Real Estate 81 p,118. p.318, Item # 37 I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 39 of 88 III Anticipation and Change: in III Supply and an property competing by owners III to III . attractive, poorly is to market in 12 The Appraisal of Real Estate, p.449-451. Item # 37 Attachment number 1 Page 40 of 88 Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 41 of 88 Comparable Rental 1 Name/location: Commencement Date: Term: 701 lease Rate: Space Size: Year Built: TI Allowance: 4 7,558 1 Concessions: None Item # 37 Services Furnished: Ava.ilable Space: Verified Verified Comments: Attachment number 1 Page 42 of 88 1 Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I' I 'I I I I I I I I I I ,I I I Attachment number 1 Page 43 of 88 Comparable Rental 2 Name/Location: Commencement Date: Term: lease Rate: Space Size: Year Built: TI Allowance: Concessions: 1 1 0 Item # 37 Services Furnished: Available Space: Verified Verified By: Comments: Comparable 2 Attachment number 1 Page 44 of 88 ClealWater. year 1 14 Item # 37 Ii I I I 'I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 45 of 88 Comparable Rental 3 Name/location: Commencement Date: Term: 5 lease Rate: Space Size: Year Built: 1 5 Tl A.IIowance: Concessions: Item # 37 Attachment number 1 Page 46 of 88 Services Furnished: owner I I I I I I I I I I I I I I I I I I I Rental 3 Available Space: area Verified with: Verified By: Comments: Item # 37 I I I I I I I I I I I I I I I I I I I Name/Location: Commencement Date: Term: Lease Rate: Space Size: Vear Built: TI Allowance: Concessions: Attachment number 1 Page 47 of 88 .1 I I I I I I I I I I I I I II I I I I Comparable Rental 4 1 1 Item # 37 I I I I I I I I I I I I I I I! I I I I Services Furnished: Available Space: Verified with: Verified By: Comments: Comparable Rental 4 (Continued) MAl Attachment number 1 Page 48 of 88 responsible expenses. as Item # 37 I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -....J $'I..k t3~ ~~ ~~ <;>0 iJ ~ it":! '" ~~g .,.,.. tJ:'1."tt o 'C: ..05; 0,> 0< o -...".j ~Li. m ~.~. .~ ~.~.~ c.> 8< o N <') ... ~ {5 -.;;t (Il (Il W II: o o <( <iC ~ >-<'.l I-Z !fig ll.~ 0::> lXl'll ll. o " Oi ~ ~ o <:> o <:> '" ~ Z mOOd) Z~:O mrn )-= "t~ NZ '" -l!!" w~ma ",- )- Z N "":" be ~ < w a: < w .....J III < !- zl-Z Q:;l15! !::lll ~~ Ow Or o ~8 dci NOO W 888 ",foo ;;r=Miff} W .U')oo CJ.:oo Zigg FY"l! wZ-' 'ZI-W!h w<::1"a:: :;,;0::>-1- H'~Q CIlZ""~z :lSZO 0 (3",< IJl <; ~ o n. a:: :E u.. 0 I- U m(;Jo~ :::;2 <i I-~~~ !- tIla:"'z :;d~~w:lw wwan.d::O a:1X<(O<~ w Attachment number 11 Page 49 of 88 . 1 fft ~~it~ 10 000 M ru I :0 liii! ~ "g"EE ~ 000005 ~o 'E"[;j OOE I, 'OS! o 1 ,~ ~,~i,m OJE'EE'E E UlOOUJi:i5 I I ,~ E ill I ~ 'E i:i5 I I ~<bi t:!'" o <") e,~' 'Q;2: ?;~ .000 I .2 s~ij; ~EEE "E 'E .!O i:i5<ili:i5UlUl I, I I I w Cl <( I I I Item # 37 I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 50 of 88 Market Data Analysis - Rent Unit of Comparison Rent Comparable Analysis is our rent our we Comparable 2 - is similar core Florida. compared a slightly the of Rent Comparable 4 - is property is on southern core nearer was adjusted increases the of about $18.00 location. This which generally the Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 I'" Page 51 of 88 I I I I I I I I I I I I I I I I I I Market rent conclusion - The $18.45 per square foot. The varying type space and these we first floor space would be $18.00 opinion second floor space basis. The overall average feet. The another 16.5 approximately or $24,300 This is approximately 1.6% nature of the lease and market lease was not is Item # 37 I I I I I I I .1 I ,I I I I I I I I I I Attachment number 1 Page 52 of 88 Potential gross income by ou r on gross and Repairs and Maintenance - Property Management - 3 4 percent Utilities - expenses are Thus are Reserves for Replacement - or more ever a common Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I, 1 I I I I I: I I I I I I I I line item in and loss incurred. Therefore, reserves are reserve expenses for type property income. We utilized a reserve we total paid Net operating income (NOI) - The paid operating expenses ($4,402) Attachment number 1 I',. Page 53 of 88 , I I I I I I I I I I I I I I I I I I are at Item # 37 I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 54 of 88 Derivation of the Overall that and 11,O~/.. us 10,0% 90% 8,0"'1" -! a: 7,0% 6,O~~ '5,0''1{, 2003 2003 1<~ 3q 2004 2()(14 2005 2005 2006 1q 3q 1q 3q lq 2006 2007 2007 3q 1 q 3q Salin::.. CoSt.v COMP:S~' 13 The of Real Estate p.255.256, Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 I' ',' Page 55 of 88 , The capitalization the commercial market derived about Please redevelopment capitalization rate. Please see pages. primary capitalization The net operating conclusion. by rate is value to Income the overall capitalization usion Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I u. u. U) U) ll. ll. o 0 o 0 cO lri x ....... ..... IJ) IJ) IJ) IJ) LL LL c c o 0 "f :e o 0 0.. 0.. 'iij 5 tifS a: 0 <It.. I' ~ c W :IE o o ~ C/) UJ o a: Cl ..J <It ~ Z W I- o 0.. :::Q. o o 0: 1.0 @ W :IE o o ~ C/) C/) o a: Cl ..J <It I- o I- UJ UJ o ..JW z:IE 00 -0 I-z o- W ..J ..J o o I:tl >- o Z <It ~ > ] o I- c C\l C IJ) I- IJ.. UJ 0.. ~. (3 w *' E C\l c: ~ UJ w en z w 0.. X W Cl Z ~ a: w 0.. 0'0 IJ) X u::: o~ o 0: o C <t<!!ll ~~c: ZZI:ll I- 'E~c: !ll <> C\l cOc: IJ) 0: <!) 1-(")1- <!) ::c C\l 'I:: ro > E ro c: <ll I- ~ c: ro :!:: .Q <( IJJ <!) ~ :5 :::Q. " o o tri (f) w (f) z W 0.. X W Cl z ~ a: w 0.. o ..J c( .... o I- w :E o (.) ~ Cl Z ~ a: w Cl. o I- W Z Attachment number 1 Page 56 of 88 I I I o o o C o N~ I I "C ell "C C ::I o a: I II: <t o I I I 'm I I I I z o W ::::I ..J o Z c o W ::::I ..J <C > I I I I I Item # 37 I I I I I I I I I I I I I I I I I I I I ~~~~h~e~/~~mber 1 I I I I .1 I I I I I I I I I I I I I I The is II Supply and Demand: Property buyers" lenders. Buyers properties offered for up particular of property is low, tend frequently lag consuming can II Substitution: property substitute amount of a a .. Externalities: Positive property. Periods influence property transpo rtation the enforcement and restaurant facilities by the appraiser on The first is property in sales \4 The of Real Estate, p, 397.398. Item # 37 Attachment number 1 Page 58 of 88 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I mi o y" Vi! % 1 114 Oatllmom 12':1 Item # 37 I I I. I 1 I I I I I I I I I I I I I I Attachment number 1 Page 59 of 88 IMPROVED SALE 1 Property Type: Location: Tax Parcel Number: Recording Data: Grantor: Grantee: Sale Date: Sale Price: 1 1 R. 1 Alan Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Sales Analysis: Building Data: Utilities: Zoning: Attachment number 1 Page 60 of 88 IMPROVED SALE 1 area are is core Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Property Type: Location: Tax Parcel Number: Recording Data: Grantor: Grantee: Sale Date: Sale Price: Attachment number 1 Page 61 of 88 I I I I I I I I I I I I I I I I I I I IMPROVED SALE 2 1 o 1 $1 Item # 37 I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 62 of 88 IMPROVED SALE 2 Sales Analysis: Building Data: 1911 Site Data: are Zoning: Item # 37 I. I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Property Type: Location: Tax Parcel Number: Recording Data: Grantor: Grantee: Sale Date: Sale Price: Attachment number 1 Page 63 of 88 'I I I I I I I I I I I I I I I I I I I IMPROVED 3 1 1 1 Item # 37 I I I I I I I I I I I I I I I I I I I Sales Analysis: Building Data: Utilities: IMPROVED SALE 3 area Attachment number 1 Page 64 of 88 core are 0, Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I "to 'ij) a:; (j ~o:'. ro~ u'ii <; ~ ~rn ~~ JliO Q '" >;' '" =w. m- -W< !ill;) r;,;.,. 0::'" E '0 o (j 5 ~ ro '" <0.;:, ~ 0) !in ;} "'W I-<l.. ",>- 01- ~~ !fig 11.- 0:::::J a:w 11. c O'M'CQ filr:"l .,010 ID o f:s.. m N '0 LD Q o !l:l o ~ 8 ff:! ~ o ~ l"f) ~ >to :rffi:t1 00 ':& """' o~ 10 i ID <? C; -It.!.,,~ .....c'""":i rod} 0.. E '!Ii ~ .E ~ Q ti J: !@ .l@ l Ji~ fe:e~:~ (fHIlCllCllW o 5 0' gj ~ '" '" Q) -0 ~ lJ1 ~ SJ ~~~~~~ Q ~ W ~:l: '!n~ Ulw x."'I,'j ::So ~(Cl a o Q: o J;;\.li o 'N '" ~ N ~ - rn l:::' w ~ g; ~ to ('f) o '" 111 tn ~ ~ ~ a:; W III '" :::::J Z -J W () 0:: <( "- X <( !- w (!J <( "- i!J! 00 '" .g~ l;'E EUl ~~ ~ .... .... s.Qt ~ ~!i .~ (J)(J) <fJ Attachment number 1 I Page 65 of 88 ' .., I I I i@ "E! i:/j I I I I I I ~ E (fj I I I I I I I I Item # 37 I I I I I I I I I I I I I I I I jl I I I Attachment number 1 Page 66 of 88 Market Data Analysis - Restaurant Sales Unit of Comparison per square Elements of Comparison - Real Property Rights or Conditions of Sale - no were Market Conditions are Improved Sales Below is our we our Improved Sale 1 adjusted upward ratio. It was a sale was land adjusting, this Improved Sale 2 - is corner of Fort due a per square at southwest sale is considered sale indicates Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 I..',' Page 67 of 88 . I I I I I I I I I :1 I I I I I I I I Improved Sale 3 - is located 409 district. sale is considered smaller size. It was also sale indicates a per Improved sales conclusion - $328.73 considering all the $270.00 per square foot. ranged $176.32 of improved sales, indication Item # 37 I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 68 of 88 I I I I I I I I I I I I I I I I I I I approach. income capitalization and the 64 Item # 37 I, I I I I I I I I I I I I I I I I I 'I Attachment number 11'.. . Page 69 of 88 , Based upon our market research, value the simple together with our the on August 1 2008 ONE MILLION FIVE THOUSAND DOLLARS ,500,000) Item # 37 I I I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 70 of 88 I I I I I I I I I I I I I I I I I I I Item # 37 I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 71 of 88 This has been made with the 1. is or Title to to be stated. 2. The stated. is free and clear of any or all liens or 3. are assumed. 4. The information furnished accuracy. others is believed to be but no is for its 5. studies are assumed to be correct The to the reader the and in 6. It is that there are no hidden or structures that render it more or less valuable. No for the studies that may be to them. 7. It is that the is in full laws with the lack of local and is in the B. It is unless a the to all 9. It is have been or can be is 10. that the use of the land of the is within or or unless noted there is on otherwise be on the materials on or in the substances such as mayor may not of the existence of such The hazardous is on the that could cause a loss in value. or 11. in this the existence of was not observed us. We had no Weare not to detect foam the value of the The value there is no such material are on or in the is assumed for such or for any to discover them. You are to retain an in desired. Item # 37 I I I I I I I I I I I I I I I if .1 I I I I I I I I I I I I I I I I I I I I I I Attachment number 1 Page 72 of 88 I I I I This been made with the conditions: 1. allocation of the value estimated in this under the stated of utilization. must not be used in with any other the land values allocated to and are invalid I so used. 2. Possession of this does not carry it the of or a copy I I I I 3. We are, reason is not attendance in court with reference to the to further consultation or in unless 4. Neither all nor any of the content of this or the firm with which we are news, or conclusions as 10 to the written consent of us. 5. Americans with surveyor with the various detailed and a became effective to determine of ADA. It is that a of the ADA would that of the act. If so, this fact we no evidence of ADA was not considered in 1992, have not made a or not it is in survey of the I I, I I I I 6. value the into has been set forth in 7. If the use in the and is a and is were available for to a review of the this when available. 8. If the is a unless otherwise referenced in the are assumed to have been construction assumed to conform with the 9. If the We assume that the reader or user of and all leases and if any, with the or survey. Should a to be I I I 11. The estimates and are, herein are based on current market and a continued stable economy. with future conditions. Item # 37 I I I I I I I I I I I I I I I I I I I I Attachment number 1 I.. Page 73 of 88 . I I I I I I I I Data Offices 1 1 am JOHN R RESUB BLK W 112 OF LOT 7 Homestead: No Government: No Use: Q'!/o No 2007 Vallle Sales value based on sales n.'om 200)*2006: $0 CAPEL PROPERTIES 870 LANTERN VI' A Y CLEAR. WATER n 33765-2139 401 CLEVELAND ST CenslIs Tract: 259,01 Evacuation Zene: NON- EVAC I Tax 0% Historic: $0 2007 Tn Information Tax District Non Ad Assessments: Taxes: Taxes witboul Save-Our-Homes cap: Taxes without any Sale Date Price 10/2004 314 6/2002 12076 1955 3/2000 10842 540 12/1992 811 7 2020 Plat Year Plat 1896 20,9022 $.00 I I I I I I I I I I Q Q Q Q Item # 37 I I I I I I I I I I I I I I Other Functional Economic I Seawall: il I I I Total NOlle Pillar & Steel o o o Finished SF: View: Unils 75.00 Foundation: Floor Slab on Grade Exterior Wall: Face Brick Roof Fmme: Flat Roof Cover: Factor: 0 Floor Finish: Interior Finish: Total Gross SF: LOO 30 .90 Total Effective SF: Attachment number 1 Page 74 of 88 I I I I S 'I I I I I I I I I I Ii I I I Item # 37 I I I I I I I I I I I I I I I I I I I I Attachment number 1 I," Page 75 of 88 . I I I I I I I I I I I I I I I I I I Value Year Units Total No Exlra Features on Record Item # 37 I I I il I I I I I I I I I I I I I. I I PORCBA.SJl: AND s.AI.:I AOIl'R~ AND 1iALJ: AGlmBIDSr (dm "AII'l.lll:lDlml is made ad and CAPRL ....~2l)74. ht:l'eiWl.1ler to IU the ''ScUC:f''. ad R1!JTJ:I 'ICDRD BAl.I... me., Il ~I ClfI'JION_ whose bldma Iddtal II: do Mr. I!t.obert FreedmIm, till MeUtdlen Booth RMd, CI~; n. 11~na:.flflr referred It! D!l ~ "Buycr", DaTALS: The SllUer II t.bt ~ uribe ~ ~~. md isllble to QW'Iey good md IDIIdmable he and clew' of allli=s and encumbrlmlos. e:uep~ lIll olllCf'Wlsc 1letcl1'll"Ovidad" to IWI Buy,r _~ to. fiom the Sdler lmd 1.0 clo;e on SlId subJIlCt to Ihe lMilt u sel said ~ bel.. more B follows: baao Imd I'mldr: " [the ~, :MOW ~ in CUfQlldem.tlOh of'1lu:l mutUa! 1XII1tII1ned in this ~t WId far ~ vmllUlble 1M J'llGllipl adeqWI.G)' of wt\id1. is lClamwtedled each ~. tie r=itals ICI: IIbove fIR ~ hmizl by re.fmDa'!" .d ~ to aellll.l:l.d the Buyer ~,to pll~ tbe Property l,lJlWl till! ftIlowina teaM aw:I ~ldOm:: ARTICLE -~ FlUe!: AND IlBCROW is ONE MILLION' Dothmt: (I;> The ~ of the as 1m ~ IlIOIKJ)' dep;lalt (dIt ~ Mottoy J)epoIk) by !he Buyer to Buyer's: ~ lIS b~ provided, (dIJe ~w wh;l:dn Jive (5) ~Du dtiys aftm- thi$ A~ is ~ by bom the dm B\Q'Ct. Th~ &t:row Apt ... hold the Bamm MonIy ~it in ~ until oklsiq. At e!osias. ihtl ~ Money Dcpo5it shall be ptlid by the ~ Seller ..Ii l!lJlIUllll monies sball be: appHed .1_ Ilte purchuo pric.c diUl:! at At the ~ of IlAd .....-.. Attachment number 1 Page 76 of 88 I I I I I I I I I I I I I I Ii I I I I Item # 37 I I I I I I I I I I I I I I I I I I I escrow deposJ' shell be pll!lCCd q, 1m ben.itt of.' the Buyer. Upoa written reqUClt, 8u~'$Pedmlll.D. Number lor ~ lICGQWIl., with intereSt ll.OCf'lIina tv me shaJl provide said attorneys' wi. income. (b) If die BU)IID' .1__ to ~ with tbo' ~ of the. Propm1;y, then within tm (10) busiuss dqs IIl'W !:be ~ of the ~ion Pcried, die BU)'ltI' shall pay l.a the Elccow ItpUI UN IUItl of S40,000.00. b~~ i"!~ to lI8 me "'AddidoMl liaroat Maull)' lJepmit". fw pulJIOliIIlI of this: A~t, d1iI!! tenn ..^~ !1anlal MoMY OopoIit"tlulll be ~ in the de6nkim of~ Monoy Deposil. UpQQ me polIt!Ds of'ln AcNidonal ~ !\tOOl:)' DcpaIIit. the mmt: &mat ~ ~t 3Iudl beI::oBlc ftCltM'Ct\mdablc, excepfloo the QUlC of a dcfiIWt the Seller. wbcmby the J.)epMiIlIhaII be ~ by me W'1:hS of Secdon t,t \u:Inl1." (e) 1ba ~ of d1c purehuo price. aubj,t::C1 to prontIOIU, at:\!ustdlenbJ snd ob::t' I1llIUeD spdfied bl::rdb. mal! be paid In ClB:Sh at c'llall1e. AJl'l"JCLB 1."9m - ttl'l..B JNSmuJ'IICE 2.l(8) TItlI: ~ On at' bcbe thitt1 (30) cIIIl;ys fmm d1G' cdft:Cli\'l:. dale hGRlOf; SdIcr dlaIL lEt Sek'lI ~ Jlm'fida a sl~ dUll ~ <<lmmltm.enllO BIJyCI' Issued by an ~ ~Itlr !U'l.d ~y ~11 ~,ltl to Buyer, ~ lXli iuue 1.0 Buyf!l', subject 10 1.111: recordiDs of Ihe deed IIlod other d~ts l'Cql.lired l:Lerauuder, ID ALTA 'arm B Owul!l"s nde: IMl.ftl:l.l:'lI PoIJey in 1be fbD IIDl.OWIt o,f ~ price. ~ mattmmble title. Sa:l!d poUey SIbIl ~ Buyen dtle to I.tIe ProDcny lido ~ whhout qlJlIllt~oo mhertbu ad wlorem wca far tAil, ~\lIftm1 )'QI', Il1'Id 1Rl"l- lO mviBw IIIIId lIlppIV\'lII lI\1II\5HDlm1I IiIDd resfricUODS or record and _ When the tWc m,~ m:.IlQD1im:um!; . delivered. dMl do:Ii'wIr Illlllltl. I;lOpi. of lion)' Il1'Id IIU ~cms kltmlifHld In dle tbe duration of die l115Jldoo PtriOltlo wcl!llJJil:lo it and 10 natify SeI.Ier .fel\l.l:8 or ~CIIllI: rmt hIm!in aplilld to by Bu,er. iptofl'l.lidlltOtIe~ MVeI. ~Ie period otdme" not to exowi to and "}we due dillaence il1 dol.. so. ~Iud"" ~ itI_ defe.:u. It Seller doa DOt tJI' l!:lImDot ccm:l:d tho dlllpnt effort, Bllyer lnf,IY. &:1 BMyeh: opdt:lQ.. CO .Ieet to bike titIc "u is" I:n ~ prIC1l; or (Ii) may Il9miDaIl! this Alfee:meat _ .... !he ~ m<<:III'H\l)' ~ paid; tit' (iii) el!ICI"OW an amount dalmcd to be D~ to Qomsct dlllli ~ and ~ to close.. 2.1(b) Title AIJd1t. 1"'*... tar dWli ~rm .dd.lJ. be Bmd Wood of ~ J. Wood, P .A.. fiCO FIUt AvaUe Smm 302" St Pdasbu.rJ, PL 3310 I, telephmenwobllr. (727) 195.1991, 198-3456. :!' (;J Attachment number 1 Page 77 of 88 I I II I 'I I I I I I I I I I I I I I I Item # 37 I I I I I I I I I I I I' I I I I I I I Attachment number 1 Page 78 of 88 I I I I I I I I I I I I I I I I I I I, AJI.TICLI:, 'I'mID - SUR\'EY 3.J i!.!:!:n. WithiJ'l of'delivfI'Y the title: commilmnt. Buyer, 1It Buyer's ~, 1m survey ortner pmpctI.Y, with all comers properly IbIIwd or ~ with irm: mda, anti ptOYide ccpics to the giber pIlI1.y, certified to Buyl!l', Buyer'" lender, Iftill)', u.d to die iDclw&1 matlc:f$ of rcccm:I idenlltied On the rJtIc commi1mcnl wldeb properd.a. In tba evwt the survey refIecl.s an ~t or lICk of II1gras!egras or odler abjecdODllblc matters, then the plOvWOM for notice !Inti curing !:1m ObjccdoA 011 be !:1m ame u: tor lIle dUo objection5 set torah ~il1, Wilwll om (IO) days ot Aamcm-. kller .u also pnwidl! eoplti of ml ~tI and ~ it bu ,p~IIO l!:lI:! subject p~f!ll, mc1udl:Ds wld1o\1t IimhL'U/JiQ prior _1:1. a.~ npcm:5. ~ stOOi... prOpOIOd odLer _Ib- pGSSaftOl1 of Seller relmins to I:be ~, ud be:mlmd:er, n~ shldl mum lIDY and al1 fluch ~bltion. to Aatee:m=l. J'OVR .. 4.1 ~~m.t dete oommlbnoot to u~ 1m aspects oC1:hc Property, (I) Physiw aCme of all (1:1) Oet-ll'Illdoo. of camplkd l"Iitl'l and Il~ 1~t4 laW!l, ~lm of the such rea aml: ~ty tflea. (d) D~ Oft me MaicriaIs (u: hcrdnllfter Laws (IS ~ mvirorun.eati.l PIIMe ! l55tllismml md Bsell__t ndit ud l'l1d! be compIl!ted wlmIri to f.eIdolR drail:IQe. ~DM 10 the ~)' tor lis und: UW<< HI'V_ &md the 00It c.mmacl:irlo (eca, i"'piet As l.IMld tll:l'~dn. the 1ft1U "Sn~ LIIM" muQillDJ _II III .. local or IDIJDIdpuJ mwt, mIa, ordm. ~ll, dldWU. ~ ~ Of tequinlmmts of Ill)' ICl'tlem.m.eabJ ~tin& 10 onm,padagliUilit]' or ~ (;J Item # 37 I I I I I. I I I I I I I I I I I I I I sllmdards or t;ou(lu,ct c:onc:cmil1.a any fII.zanSowl Malerial. WI now or me)' at MY limll hert:aAcr be in eft'ect. incIudlns:9ridlOUl 1imltB:timt. 'lbe Clan Water Act" alto Imown lIS We federal WIlbrr Pollution Cmtrol AIlt ("FWPCA "), 33 US.C. '1251 scq.: U:tl:: TcOOCl SublWlCCll Control Act CETSCA"), I ~ 1260'1 ct. Scq.; the Clean Aol ("eM If). 4:1 U.S. C. f1401 lK seq.; I&e Fedcral. ~ide. Punaicide Mil RodcmJcide Aei ("TSCA"), IS U.S.C.I2601 ct. Sclq.; the Ckm1 Air Ad ~"), 42 U.S. 1401 al fICl:t,~ dlc FedcnllDsec:dcid, funsiaide and R.od.anl.icide ^'" ("FJF;RA 11),. 1 t 136 at seq.; tho Safe Drinldnl W_ Ad: rSl::rWA"). 42 lJ.S.c.. f 3OOf' It seq.; the $u:r&ee Mininl Omuol _ R.1Kl1amadon Act ("SMCAA"). 30 U.s.C. IUD I . seq.; the ~ve Env~1 ~ Cc.mpe:uatlm md UlIbility Ml of ("CERCLA"),42 U.S.c. tNO! ct: .liCq.; Ihc Sapaflmd ~l aud RalIu1hori.ladOft Act of' t916 ("SARA W), Publk: Law'~. 100 Stat. 161S. tbe: ~ PI:eambI.a and Community JUabt to Know Act r~ "). 42 U S.c. 111001 €It seq,~ the ~ ~M aud Re.covery ACl ("ReM"), 42 16901 Gt seq.: or id lUlyother ha:l:Irdoas waste laws applloabte 10 the P~. toplhef with my _\l!'Ildmcnts d1erelo, reaaJadom promulptcd 1hcm:mdet rmd MY limit.. ~or law 1Jteteof. As used herein. die t:emI. ~0Wl MJi,tuIal" 1MlB15: (I) my bUll.ldous. lOldc or ~ ~ 8~ lB' rllliaria! dcOncd I:JJmd lIS 1_ in (m fbr tbe purposes aJ.) CIi!IlCLA., SAM FWPCA. or eft~l law as now Of at any 1ime hereafter in e~ (U) any ~ or ~ IhIt exhibits my Gllbe ~ el:umien.IM in 40 im:IUliw, aod diose: ~I)' bazardms cbembl SUlmlml105 l.Ist1ld under SecUon 302 of SARA IIDd 'b:OOC Or' ha:IJl:rdous ebaDiCl!l I\I~ li:fted I.I1llJm' OSHA. and IilD,)' as:lcstwl or asbellCas ccmlDinmB 1'Jl1~ whedl.u 01" nat die (It I:I51:ed II.!l !mmrdOUl. r.oxk; dBnlftOld 'MIMI. a d~UI subslancc or DllI.taiaI in ~ _~teI law; In any such Ii\'lIP m qUMlitis or ~ remedWioo or subjcGdn; stldl. ~ce or W'UC1l: to teauWlon. lStlb.sW:Ices l'l.Om1IIUy used in D!8idlllltltiaI, oOice, ~ or man pnmIlIes. Review of soon ~r rnldtl\li"S 1:0 1be Property as Buy<< ma)' deem .......~at.c. Suyc:r' and Sayers ~ may __ the ~ duriDllKmfllll bwiin_ .1:Iat.il$ tbr me ~Clf ~ IIII1Ch tl!iW: ~i.nldoal 81 _ mar deam appopriM both duriJl& 1bc.l. "cd. Period 811<1 ~t O:tcn:cu. lIV IonS as Chis Ap=ment I'I!I'IlfIim in rull fOccc_ .dJlIcI:.m evalt D ~ is, .....l.Hldin, ay l:IWdler b)' Buyer 01' BlI)'ets qe. in I!ICOOmplilhmc:nl of!!lUl:lh tau, Buyer ap:cs to Immediately ~'~ d3;e IImd to pnm cndldnl IlOIIdJdon. B\liYOI' bcn::by ~, 'la' irldcmni&. defmKI tmd bold $Idltt lwmJas frtanl, rmy iJU;tu::y 10 person (int:I~ wnmatbl doadt) or, _ 'Dr cIamap, to ~.wbieh ii!!Iult Iiom Buyer'S w:dvi1ies au the ~. 'Neb ifidettmJlicl!ltiOlJ to, Include payment of 81U31"l1eYl' f_ ~J;;2e ~ " Attachment number 1 Page 79 of 88 Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I :1 I I I I I I I I iaoW'fCld In coMCClloawid1 any provide proof of LillbiJi\y ll41U-td in writwJt Buyer shall COVerDSC, reasOlllbly ~lIble 10 Seller. In die IWlQ1l Buyer. ia and aI:Itolum is nOI $lill$fied Wid! d1e. results ot dI.e iospecdoo IIJd euminadon. Bu)'Cf have the riFt lei lermi.ul:c ibis A~l by giviag ~ notice to Seller 00 or befoa: th. ad of the ~on Period. In the eWrJI wc:h nadee ill s!YIlQ, lhill ~tmt .hlll ,1Ut0001I1iCllilly letminalc I1td all rilbUl, obJl~ .d IlIblUdes oftbe pardea; ~ $hal] mminalc lUId be fml'Wt disdwpd, except lhMe 1.Imt spw:;l6cllly ~ Alai sI1l1U remit 1he D.:posit to Buyer iIpClo such notice of term.l.Hdon. 1it the event Buyer does not give such DOticc such me ripE of tami~ dill! Itrms of this ~h aII.1I be btIQ waived iJ'ld Apemcnt shalt mnafl) In fUlllbR:c liIld S.1 Cnllllu Jina,dat. conditioned apon the tbllowinc amdidoas of Buyer. IliQd W the CX1Cnt ~ shill hllve tnc right 10 alta1l1Jiwly 10' provided. (m) SU)'Cfnot (b) .Mquilibio!.LoLCMti~PJltC'tI. obIipdODS _WId<< arc speci.5eal1y slbjeet to BUF oblaWDsa PurcblH ~t. ~Ie to Bl.1YIlf, for [fae AmdpOOl ~ J~d It 403 Cindad Smt.. a~. PL 33155. and ct. simuJtmIIOOIlJy on or [1M Site"]. II~ with Ibe pmplri.ia 10 pureiwed ~. elnslDs to oocut all the CMUpuus Site, BD)'Clf iliaD have unilabmU nib' to ~ this Apmcnt, Iftd ~er aU ~1I ~ by Ii"m. DWce ill wridq. hi ~w ed to d'K: SeIlet'. .In me mm. BU)'flI' liable 10 acquire the Qmd~ Sb whhin Im'mI oflhb; Apmall. 1M C10I1a1 for dl.i ~ilion of tbe: Properfy which ill the l!.ubJcct or Ibis ~ will bo bold ~Iy tha CIminI of the Buyer's aequitldm cfthe Coft~ Site. ~ It may oecm' IS Rt fonb herein. this Agm:numt are mft I:CI tht satist1tctJw lIn'l' oot IIJCt . lK:niJ:ild\Gr pftl"t'idGd Buyer II'IlIde: hereunder, Of to WI herein is l.he FiMl;lu" Buyer's fWDdol ~I; b,1 dH;; Buyut" tlnanclna fbr this tramactioo. must be obWned b~ '" _bjm to ilJ.)W o~ b: dasiq~. The lI1e ~Oil Plldod. lIS lII:t forth 5 13Jk (:J Attachment number 1 Page 80 of 88 I I I I ,I I I I I I I I I I I I I I I Item # 37 I I I, I I I I I I I I I I I I I I I I hrmd!!. Of prior to any amtcmplll'lD1ltous dOll. lnvclvMg the Cood8J1OUs She., wbidlever oeclm~. (11) WlrrMdq ud ~tmiODl. ThU A~ h ~OJJed upon aU the rupre:senmtkmsmd WIlD'8I1Ita made herein by' SclJer bcmlln.le os Mid when made, Iftd 1ruC U oFd:1e c1cWna dIId!l'~. .A:RTICLB 1lX- W~ UPUIDn'ATlONS 6.1 W....IIM ., '.nuI." III Idw. TO' induce lhe Buya' 10 eater iato !.his Ap:en:t-. the Seller ~tM foDO_',l"l'I~tatiOlU md \~CI to. _ .-' wilb 1:I1c Boyer. to dl:c best ofSdl..'s ~_e. .u ofwUlh II'C l:nlC It 1M dale llfexecution ofthil ~t81 true II 'the GIoliDI oftWI tnmncIion: (a) No ~tatllHl or ~ by !be Seller in Ibis A~ or in IQ, Dmmmlltt"cemficate: elf ~ 6m:I.ishldtDBuyer pwsu-.t bwM, Of 1ft OOMeodoo with thc~iOD COIltempidcd calDinl or wiD l:GDmm my 'umtIU! ~I of Im...1 &ct' or omit to Be II mllblriaJ fact 1l~1rY to m..rIke the stlimrlcnt:s C04~ fwtdn Of tI1erein Dot misladiRl; (b) '111c Pfopen,lt tbc of aurity iwm:sml ,tmmnnhda_ md ~W111 Tille ~tkms; (e) The SdIOr.. DO Imowlqc p.llima Dr ~ed ~ pndledblp.ft"ecdDgtbt~, or Bfty pan .~f; be .hi Ul4 clear of all. Ii_I any 1dJ1d, (lxcapt tbc Pmmilled (~) There an DO ~ ~_I rflIS1lridiOl'lS or eae:l!Im~ deedas dllJr.ooy pqtt ofiM p~ ~ h lite Pemdl.fed Title ~otlSt Co> AlIIDXCI ~tDIS ~ tile Pmfmy dUif: ad payable On or before die closlul date lftmlofwill be ptIId,. ad dlmc an tlO ~IS, qveg or /JIbeI' ~_ pn'J\lidiDl tor m ~iOD af dn:le with ~ to 1M: ~_ of 811)' t1P' of tax or ddei~ 118_ u to. dtc Ptapaty. DOl' to '!.1m bast. of hs knowledp.. Ire Ihete: lID)' mil ad.'.iooa Cor Iddlidoal tua ud ~ of my .ldnd (wltdet ~ Of otherwise) anmcd any lWUlorit)/, (f) 'l"hcrc IlR: DO ~lcls: 01' ~Imenll JIeml lIpinst 11m Properly ~ .~)' IIlowlllllliwQdtt. lid if ~ to 1M' ctosm8 lIS)' m~o'8 OJ'matIriilmq'$ DE' otber IJpe Uell sbaD be filed. apJaat IM~' or.. the Buyat' or its ups, bated 1.1I*I. ~,Itc1 or omlulan oeSella' ~nlpdor \0 ch_iaa em the ~, witia ihlnyOiO). Uyllftet Ihe JlUul tMnm" Seller MilIl tlbsudt ~ b)' , 8 J:lp IJ;) Attachment number 1 I, ' Page 81 of 88 , I I I I I I I Ii I I I I I I I il I I Item # 37 I I I ~ .IS.i:J c ~ IIllI \ I 1.i:ASE A~:r AG~ Is ~ IIlld ~ itflo !mid ~ C~EL. PROrIm.T1ES. II Fk>I';l. ~~ilJ'l'l. "'" I u....wrMlIIiI I l..amIlord !.!tIe ~ .,r II ~~I otfia! Avcnw ~ iu. "JInlmiRs"_ I"rL"lll_. l>jlOIJ l!w fill the ~ ~om. Qf~la S.IOO IIqWl:l'l> IMt lmm !be I In conllide!lltion dills ~i ~ lllId 1~ lTom III 1M! 1IIlltli'!s. I Alin'lCl.1.1 l.J lU \!lied tII. t!) appl il:ab1e: Ie dle I fI:mJ$ llhaIl. bave Ih<: "llmIl fORll Qf'lh: I_I ~ lIld lXl$I. A. tIIlem I!llf ~m.:y'i ~ ....,d ~ in<;um:d b)' II f"\11)'. I ~ llOW ......u.g Or <,;f Co OUll'lWlbl~ c:qIlo!llllmi, m&~ III Cll.Ulll: ~ Of' :I'Il~_..,rl"l\l~ Il"ll lI_raWI or tuQ:: UMcr d)' I IIltD.Ill<1;l. pollWmll.. p<<rol!!llm ~ 1l4s"'~! I I 1.2 ~hllllluo."c UIe All hiIrn'ln Ull;:d ml:bis J _ Iblll: lire IIllt dllf1ned in ~ion I ,I, .1> dds r.-" I I I I I I Attachment number 1 Page 82 of 88 I I I I I I I I I I I I I I I I I I Item # 37 I I I 1 I I I I I, I I I I I, I I I I I I QOO\lIl!:l'II:e 00 the Com~1 Pm 10 lWCJld ttIe 1&ml. I.41IIlIC tor 0IIt (I) yew IllIdI (tlICIl Ii "R_I il:rm.a: ~ umditions: J.ew fot llltCb lIIIIllWiIl ~ k'lk cm1 at tIM. days prim' 1I~1I IlMlI he Mll4lth mwillll pIIril!d, tl,) the l'erItI ofu QIlw::f~fQl'1be sNillll4ll,1l llle _ t:mIlt Illd lMl: ~ Due Rml at Ht fb<<1tI ill iDerwc Ii RtllCWllI c. lr the tm1 l.AuIl ill lhllll:tll'l "flllJ$ll':ll.lil: dlaJl btl ~ Mn !tl: 3,1 ... ~t During d:ii: 00ll dtlNm~. lIli'wft ll'I' 4cdueti:l'lD, t,:lI_ 5: lIl'llI'lI.n1t of FM 'r1womloo tllle Hundred tel wil~Ol.It "'Il1IIe Reli"') ill \he :u ~~I .r u..~t 'fhe ad\IN'lOlt Ol1ma InI ~ tif each Oi~ ~a~ lTIlllltb, tItcn !he: moofl1ly ~lf dlc lh1lowil'llll'llJn tb shall be OiUe, m moomb' illl!lIIMtI, in iUIOt. on I'he DCa: ~ ~tu.olDl Ui bull;' 1Iw1 ~l\a:ll be plly.!olA: (lip ltle ('~ht dr I'lIIl* to bit paid lI.II ch.utlu 1M lIiU. !IllI"t'b or OIllllt lIIility lll' lbr\l~ tile> ltrm hawf. ttll' Ille f1__. 3.3 U~ allld ~ TIlMllt WllIU, _. Illcclritlty. 'l~ _. ~. Rn\i;l,; uS<<J, ~ or >>uPi'liod lu. ~ I.~km In llddldoo. "-.,11lI11 be! r~~ ror I'll&lllar Jeil(!l'ill 3.4 ~~ rot J.pa uiI...... T_l ~y 1lllYl!IIIrl1ll: ad'lllIlCC3 10 plY, u lIddil;iCNI n:llt Mmlll.dut. " I1lpllit prmiuiQ\1 fbt all iwllll'MCe req1Ind 14 )m emicd b)' Ls.ndl\1fd bc~!:l' ~ all Tn.es, defioed in SiGlitm 1U OOklw) (ctiJculs.u:d t.ed IIp:m the muimwn available d~lt( for IIlIrly ~() ilw'il111M term (lXlI~, "TlWtI Md rlil!llllmlllQl"), Frl,lln lime to uml1, l.andlel'd dWl ;.lve "WIlt I wriltl.'1l C'lItlll'lllt of 'I'mm a\d InlUmlOe: fur Prcmlld rOt lhe ll'4.tIllng ;alendllr )'lllIt. TIIWII ~I !Iet1t ~mied lblJll!:ll to UndIm1lSl.lIiddititmllllftl in .qual ftWlIlhJy ilutaIlll1~ .11 ad'll'llllCIl, Of! 01' 1:01;11 ClIfend. trmf!dl, Alllw eM (lif eaeII cale.n.dII 2 Attachment number 1 Page 83 of 88 I I I I I I I I I I I I I I I I !I I I Item # 37 I Attachment number 1 Page 84 of 88 I I I I Y""" . Im:umld. ,...... wiu,i:Q .",.ml>uml ~1"MS I I I I I I I I .. I I 4.1 wUb ~ll I I 00( oolawlbl. lll'fll: ot'W o. IJQ' Ill:' ptrmJI ~ ~ Of' IV IIl1Y lU llXisr. _ .;.rllh<mtth.! 'Pl"eml_ T<mlIftl. I 4.3 ~ nw l'A>m~ win be _$ibk l:.)lI~ ill"';""''' <W li!;~ lWerll,...lmu w..,u P"" )'0..... I I JUnlCl..& ~ MA I'l'n'mANCB I I I I J I I the -- I I I 5.l BY l...iI!lldllmL ptlfkIii1t tl.l Sa:tiol\ S.lll~, rll:pl:'lir. Md in et')I'lfiJnnity extcnor ~tmll eullditi.ullh'~ wlllfiD wlliietl T_t i.s obli,... to in md 'lI~jal m.c I I I I I I, I I Item # 37 I I I I ~T AMIENDMENTTOLEASE ;\CItRRMENT I THIS FIRST AMIaNOM AORIil2MBNT (dK: "Pin1 A~t") is m. end a:ntUUI ml.O lhill 2001 (the ..effceti~ Date'"), by _ ~ CAPEL PROPDTJES. ~lItioo ("~"), and OPllS SOllTH CORPORA noN. II Florida COftKlI'R1on f'TltI'WlI"). WITNESSETH:: I w~s. t.md:lord Ilnd T~' I, 200$ (t~ -t..owle"), for tM IUK of that MKlOlot:Ml ~ or ~lll Avc::nll.'l: IIInd "PrCll!Pim"). WI morc: lllIlttlmlJIlrty ~l>ed Olli tbI: ~. lll.s ~ l..eue A~_ datcd M&1 0.1: wlldltl8 IocIwld lilt the Slreel:, ill c:karWIcer, FltJlida (the: I WHElUiAS. t.and~ IIitId T~ ~ 10 _aid tl1q Leue \lP'Ot'l tI';c termS ll!IIId _didans: deIerllled ~. I l'lOW, 'llIBRtiPOIl6. lD. C;QMmallCi(:m to Ten.. NoII(lIDI).!j DoIIBn ($UUIO) iVid ~ JlX>(l and vwlble cotII'idenlticm, ItwI receipt _ of wlLieh He bentlly __wl~ !:be ~ ~ llvae U !'bilowI' I t. R.~. 'l'b<li MICIi,. rccI.a1s 1ft inti _ C<ll'NC't .ad 11ft by tIlh It'lclllJlC't. AU ~ll.atiad ~ UKd ~ wllll.vl!: the Uime 1M ~ WlleA~ 6efiMd.hm:iD. iIllnU ~m I 2. 1_ Tl!ftI1. T\!.I! etrmlI'Jl Tam ol'tIle Leue, wbidl ltoroby mended for one {I) MditiONiI f'IIIQ tmIt Term oj tbIl r.-suba11 cow IlJqlUe _ mm. _ eoudllionli or the l..eaH. eueJrt 1hts tem\J ofSoction 3 below. J. 2001. is !Ill thJt lhc tile ....ttn I ,. ~ Blet. Billie Rent ill the llmount (56,2'0.00). I 4. CouQt.lIirHlU. TlUs Fir.<< A~t C<IIl'I\letpMU. Clieh of """let! $hall IVpther sM.Il _ti1Ule OM ad IIIlY. __y bt: ~cd fronI die ClOlIII:l~ imd pb)'llillfl1t)' fann _Iii docu_. be ~ in 11I'I)' nlllllJbu of bulllUlIlICk ~rtI lIi\l!olow~ pep, if to III IinIk.Wpy ..,nhe ~ to I FlIIeIimilo ~u of Ihy 'm A~CIU ad die aipllbltU tuM ..tt on"", $. dl_ m.u I I I I I I I' ~~~~h8~e~/~~mber 1 I I I I 'I. I I I I I I I 1 I I I I I Item # 37 I I I I I I; I I I ill I III &; III I " " I II II I I I I Main Office 4350 W. Street Suite 300 Fl 33607 221.2290 I I I I Attachment number 1 Page 86 of 88 I I I I is the Ron IS services. I director for the Florida Division of Colliers International Valuation & for clients with a broad range of valuation and Ron's division expert witness insurance financial I and estates, I Ron is a Member of the commercial real estate with the state of various services on over Institute and and has years of Ron is also a state-certified licensed real estate and has in Florida. in I Ron's involve a wide of centers, residential I and I rental condominium contaminated ranges, convenience stores, service stations, industrial mobile home marinas, wetlands and various I Some of the services tax and best use suPPOrt, Ron has also been of office I and locational involved in the sale and of over and industrial as well as various site million of real estate, of vacant land. I for various involved studies and Ron has been and valuation in the and the U.s. Federal over of these road commercial real estate I as an courts: Court. Pasco I of South of South Masters of Business Administration - Finance Bachelors of Science in Business Finance I Member of the State-Certified General I I Item # 37 I, I ~~~~h8n;e~/~~mber 1 I I I I I I I I I I I I I I I I I I I I I COMPANY EXPERIENCE ShLIl:hart il 3 s..nicr Dir1!<O!or of Collie" Al"OOtd V~luatiol1 ill the real ~nl'lt>!; lr.1I\latiol1 and ,in.:>!; di"'fl~S v.ith a broad ""''lge 01 ....Iuation !",,,,,kes. I WiTh to ilr ofFi<:<l$ I I'l Florid... Coil en, Am old ""'net)' of IlMndal i"slltucl<lllS. insurance companies. authori~. cOfllorntl<:>m. C>rll;'ll'llutlorn; pri....tll investors. m S"",'Vi(<!l1 tC> a prlvat<i! "'$""t<;5, tr\l.t I" PROFESSIONAL ACCOMPLISHMENTS expmse hu ~ in a wid", V3"~ty ap3rtl'frilnt& am! (:<lfIdominlum compl\l:l<Oi!'S, cQn"""Iel'l<:e u.:,.,'1!$ am! s.l.'f'Vke ,,:aclom... s~n$lti~e 8. CQurS((ll:, l~mUr~n1", industflal and manufllcnmng mcllltlll$. marinlls, olfl<::", unit r~n<:hM &. llmw trn<:tSc. &: commUllit)' ""nller., relid",,005. la.l.' p FOP" n:ie s, :md mini srora,g/$ fIldliti<!t. am! w~dalld$, I I EDUCA TION I of Rorld:z., B:.ch~lor. of Science Busil'lt'u AdminlMnd00 , M~lor f1rt:'1nc.l.' I AFFILIA TJONS has Iud m~ MAl from ~h.e 1,mitme ~inoo 1999, and I~ the reql1irem<:f\t' of the pr<>gnlm lIS IIl$tlwt~" I M__oor of the Ins titU te Stllt<!-C erti fled General 0001 SSS (Rol,dal I I I I TO SUCCEED T!1mugh local D€ptfl of I I I I Item # 37 .1 I I I I I I Attachment number 1 Page 88 of 88 I Colliers Arnold Valuation has specialists serv ices, and property tax on the next page" in eminent domain valuation, historic We can a wide vlll'iety of I I I I litigation which are I I Valllation Ease mem val uIlIi ons EVllluations of real properly coUatcmJ I I ~ ~ ~ '}>> I and limited Self,contained, summary, or restricted use formalS valuations review out~oufcing (technical rel/ie w or field review) Charitable contribution, estate, and trust basi, valuations Current value vlllulltions ;.. ~ Insurance valuations Pllrtilll interest vllluations I ). ~ Portfolio vlllmlllolls >>- 'j'.. , >> ~ Pure l1,llse aUo.'alion and cost I Jl]lmnent Domain Valtlati{.IB 11 ;.. )> Before and after valuation COSllO cure analysis }> Damage studies I lnl'esllnellt Rie!5elucll I I ~ ~ Adaptive re'use/historic restoration analysis alld lurnaround )> ~ Fiscal and economic impact analysis Le:Lse buyoUl analysis I ~ ,.. studies and discoul1l rale survey swdics l)ue assistancc r ~ Lease versus buy analysis Markel and developmenl phasing analysis ills pcction report.~ vent urc I }l- )>; ~ ,.. and inveslmcnlllnalysis I Iillitigatioll 511 ) )orl _ tecb IlkalassislallCe valuation I ~ ). Case lInd analysis E~perl wimess testimony >> I :>- l\'t:lulkel ,~naln.is ~ Market pricing/rem analysis MllI'kec share and absorption studies studies Revitalization lInd urban Slu di es I I I I > Alternative use studies developmenl Economic base and demographic Highest and best use studics ')- I ~~" r r ~ >> }> Colliers Arnold Valuation Advisory Services 4350 West Slreet, Suite 3IJO - Tampa, Rorida 33607-4175 (8l3) 221-2290- Fax (813) 224~9403. I . Clearwater" Ft. " Orlando Colliers affiliate offices ill Ft Laudcrdale " Miami Thio' iltilliS.'I1/oJli i~:t' C;JjU~n;;Am~J1i:t :w. h) lkt~ Wi~iflit' jltii(l<Ji411i'i1" wfliWl:htd::aitH%7t'''ikitM iiiml! lI1Jjjftll~l/j~M~lil wltliuui :aJhiiljltltM dHlillmftilliW!lldhl~~C!i: Ilind integrity. ., WlliEft! thE 'l>Jjmi',~ fJil';ttitMi b; IloeI ~Mitd~ I I I C~bl!R_iEu.iii",,;~,~ I I Attachment number 2 Page 1 of 65 APPRAISAL REPORT DOWNTOWN ROYALTY THEATRE PROPERTY LOCATED AT 403 CLEVELAND STREET COUNTY FLORIDA 33785 INCLUDING THE THE COMBINED ADJOINING LOKEY BUILDING AT CLEVELAND STREET CLEARWATER, FLORIDA Job Number 08-0306 1 Attachment number 2 Page 2 of 65 Valuation and Advisory Services Florida Division 4350 West Slmel Suite 300 FL 33607-4175 8 i 3.221 .2290 Tax: 813.224.9403 rsparks@colliers.com We Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Ii I I Attachment number 2 Page 3 of 65 If questions we any GROUP 1 Item # 37 Attachment number 2 Page 4 of 65 .............................................................. ......... ........ .......h........... h. u......................... 1 ......... h........................................h...................... h................................. 5 .................. .'................................... h............ no.. no......... m... no........................................... 1 0 12 14 .......'.'...m..m.m...h, '....h..... ....... ....." ................h..........h., .........m...." h................. ...h..h...... 15 ANALYSIS ...............,.............,.., ................... ..... ..h..,........... ....." ..".... .....'....mm..............h.... 20 ............................ ...................................................................................................... 26, MARKET 29 AND BEST USE ............................ ..................................................................................... :3:2 AND PERIOD........................................................ ........... no..................................... :3 3 ............... ............ ......................................................................................... 35 MAP ..m.... h...." .....'..m.....,.. ..........,....., h.... "'".h, ........"...... .......................,..... ...................,... SALES GJ~ ID......, ...", ,........."..,."... 'h,... ......"....., ..... ....,., ............ .......h"........... .......... h. ..43 AND FINAL VALUE ...................... ER R OR! NOT DEFINED. COMBINED ............................ no...................................................... 46 v AUJA'rlON Item # 37 I I I I I I I I I I I I I I ,I I I I I' I I I I I I I' I I I I I I I I I I I I 1 11 Attachment number 2 Page 5 of 65 that, to our 1. 2. only by Addenda) as well Condensed opinions, and , conclusions. is the subject of parties no a predetermined of occurrence of a subsequent Our were a No one our development of developed, and this the Code of the Shuchart, MAl program of valuation, a specific Item # 37 Attachment number 2 Page 6 of 65 DO LLARS ,1 D Item # 37 I I I I I I t I I I I I I 'I I I I I I I I I I I I I I I I I I I t I I I I I Attachment number 2 Page 7 of 65 Property Type: Location: Tax Parcel Assessment and Property Taxes: Purpose of the Appraisal: Intended Use of Intended User of Property Rights Appraised: of Value Data Improvement Pinellas 1 10 500-year determined 1 and feet 1 Functional Gross Item # 37 Highest and Best Of land as though Of Property as Sales Comparison Value Conclusion: Value Estimate: Estimated Marketing Conditions: Attachment number 2 Page 8 of 65 use ,1 1 Item # 37 I I I I :1 I I I I ,I I I I I J I - I I .1 I I I I ,I I I I I I I I I I I I t I Attachment number 2 Page 9 of 65 SUBJECT PROPERTY LOOKING NORTHERLY AT SOUTHERN ELEVATION Item # 37 Attachment number 2 Page 10 of 65;1 I I I I I I I t I I I I I I I, \1 I I Item # 37 I I I I I 'I ;i....... .' I I I I I I "I I I I I I I Attachment number 2 Page 11 of 65 SUBJECT CONCESION AREA Item # 37 Attachment number 2 Page 12 of 65 I ,I I I I I 'I I I I I I it I SUBJECT lOBBY AREA Item # 37 I I I I I SUBJECT BASEMENT WORKSHOP I I I I I .1 i ,.. I I I I I I I I I I I I I Attachment number 2 Page 13 of 65 SUBJECT EASTERLY VIEW ALONG CLEVELAND STREET Item # 37 Attachment number 2 Page 14 of 65 is the III Appraisal Report III of III Purpose of III Intended .. Property Rights III see II Date Value 1 II second step and Item # 37 I I I I ,I I I I I I I I I I I I I I I ,I 1 I I I I 1 I I I I I I I' I I I I I Attachment number 2 Page 15 of 65 The fourth step is was not as is reconc il iatio n The sixth step and land use identifies feasible, and sales comparison by the delivery of Item # 37 Attachment number 2 Page 16 of 65 are as: Market Value - and L are 2. or what 3. A 4. or or Stabilized Occupancy - and demand or are optimum is Uniform Standards 2 The of Real Estate The of Reat Estate Practice Third Edition p.155" Item # 37 I r ,I I I I I I I I I I I I I I ,I J I II I I I I I I j I I I I I I I I I I I Attachment number 2 Page 17 of 65 4 The of Real Estate p.345. Item # 37 Attachment number 2 Page 18 of 65 Item # 37 \1 I I I I I I i I I I I I I I I I I I JI ; ~. ., I I I I I I I I I I I I I I I I I I Attachment number 2 Page 19 of 65 I ntroducti 0 n Tampa MSA market later part of the 1990s population growth that national and regional activity has occurred has a concentration Many of big box users moved into these same areas. the Following 2006, building trend growth locations. Lowes have also The retail sector of new had tenants Item # 37 Attachment number 2 Page 20 of 651 Item # 37 I I I I I I ,I I I I I I I I I I I I 'I 'I I 'I I I I I I I I I I I I I I I I Attachment number 2 Page 21 of 65 Overall the Tampa showing a with the MSA The Tampa 2008 to quarter 1 and The Quarter 2008 saw a fourth quarter 2007 absorption was 17 Item # 37 ~~~~h2~e~/~~mber 2 I -PiDW'lifF C-<en'bu -S~jillty t:md:1!!l<t -'COI'l!lli!t.al FtoVt:<'l,ii $ho~pdi'li, C.nuil' ~==''''^''M..~l -'rii>t:lfl MJlirkot 2:{~i; 1,'1 2(I082q Item # 37 I I II I I I I I I I I I II I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 2 Page 23 of 65 Overall Average Asking Rents The General Retail of SF. ~Pow.t!it Ceiltlllt ~'Sp~l.Jdty C~eiF -G<Illil;elt4d f.t~H S~U:I'fl'~f1i; Centocu' ~""""'=""'M..il!lI -'1~..1 M.iUit<<!1! 1'1 Summary balance, it is our and a retail Item # 37 Attachment number 2 Page 24 of 65 case and for recent outside the The of Real Estate p,242. Item # 37 I I I I I I I I I I I I I I I I I II I 'I ,I I I I I I I I I I I I I I I I I I Attachment number 2 Page 25 of 65 a new alignment and access routed to allowing Cleveland Downtown's located along It has local traffic. a secondary by a mix along major along the local Downtown has a and generally land consists be noted Park" is Economic characteristics development neighborhood City of Clearwater Redevelopment Plan for Redevelopment Cleveland Avenue on the The 1 RTKL Associates Agency and a inception, the Community Clearwater Harbor to the on north Chestnut same boundaries as the business district, Item # 37 Attachment number 2 Page 26 of 65 Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Conclusion - and is neighborhood I and residential proximity Attachment number 2 Page 27 of 65 The to new commercial in over the long-term. Item # 37 0') :S<(~ U') 0::: (1.1 .- 0 '- ~"O<( -C1l~ o "0 (1.1 r::CJ: OCOc. U') c..- .- )( t aWll. Q. "C "0 Eec O<<lm o Attachment number 2 Page 28 of 65 I I I I, I I I I I I I I I I I I I I I Item # 37 'I I I ,I I I I I I I I I I I I I I I I Attachment number 2 Page 29 of 65 Item # 37 Attachment number 2 Page 30 of 65 Location and Access- Legal Description - We were is Site Description, Shape, on Soil and Subsoil - is were the our expertise 6). Drainage and Utilities and are to is the Private Deed Restrictions- we Item # 37 I I I I I I I I I I I I I I I I I I I 'I I I I I ;1 I I I I I I I I I I I I I Attachment number 2 Page 31 of 65 Concurrency - with the impacts .of subject is beyond .our issues, Dr the civil Assessment and Property Appraiser is County Property Property tax bills are allowed. The is final Property History - Sportdance LLC 31, $600,000 June 2008. and utilized playhouse .of MAMC 000, property in 1999 decades as a .of hazardous by a assumed by us for kn.owledge Item # 37 Attachment number 2 I'" Page 32 of 65 . ' Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ;1 I I I Attachment number 2 Page 33 of 65 COMMUNITY PANEL ZONE DATE 12:'109(1 0 I ORH X 200:'10:'1 17 Source: www.floodmaps.com Item # 37 Attachment number 2 Page 34 of 65 Building Type: Building Description II Number of Buildings: iii Number of Stories: II Construction Class: 10 Construction II 1 01 II: Effective Age: 1 III Design and over if Item # 37 I I I I I I I I I I I I I I I I I I I ;I~ ; I I I I ;1 I I I I I I I I I I I I I Attachment number 2 Page 35 of 65 Concrete Concrete HVAC Plumbin Wood, Car D Paint Acoustical Mixed AluminumlWood Parking - adjoining downtown Conclusion - improvements have use 1990 and is our improvements We assume see Limiting parking is along for have continued Item # 37 Attachment number 2 Page 36 of 65 highest and best use is - or improved is Of Property as 0, 6 The of Real Estate Appraisal, 1'" 171 Item # 37 I il I I I I I I I I I I I I I I I I I I I .1 I I 'I a I I I I I I I I I I I I Attachment number 2 Page 37 of 65 The exposure is would have sale market value on based upon an Exposure time is Our the market August 1 2008. interest appraised consummation of a a retrospective estimate and open date of appraisal. had exposed to occurred on The marketing period is market subsequent subject and other verification the to on period required sell availability of through the sales we estimate upon The of Real Estate B The of Real Es/ate p.126, p" 220, Item # 37 Attachment number 2 Page 38 of 65 Item # 37 I ;1 I I I I I I I I I I I I I I I I I are They are II Cost Approach - A for III Income III Sales it is most common sales data are The 11 The of Real Estate of Real Estate of Real Estate 81, p. 178. p,318, ,I I I I I I I I I I I I I I I I I I I Attachment number 2 Page 39 of 65 The is a is properties III Substitution: tends substitute 111 Balance: in .. shopping must be a positive or in is of Real Estate, p, 397-398. Item # 37 Attachment number 2 Page 40 of 65 I Item # 37 I I I I I I I I I I I I I I I I I I II I II I I II I I I I I I I I I I I I I Attachment number 2 Page 41 of65 IMPROVED SALE 1 Property Type: Location: Tax Parcel Number: Recording Data: 1 1 10 Grantee: Sale Date: Sale Price: Item # 37 Attachment number 2 I,', Page 42 of 65 , .. Sales Analysis: Building Data: Site Data: 1 area are 1, Item # 37 I I I I I I I I I I I I I I I I I I VI I I I I I I I I I I I I I I I I I I IMPROVED SALE 2 Type: Location: Tax Parcel Number: Recording Data: Grantor: Grantee: Sale Date: Sale Price: 5 -011 0 o. Attachment number 2 Page 43 of 65 Item # 37 Attachment number 21-, Page 44 of 65 . IMPROVED SALE 2 14 area Sales Analysis: Building Data: Data: are core Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 2 Page 45 of 65 IMPROVED S.AlE 3 Property location: Tax Parcel Number: Recording Grantor: Grantee: Sale Date: Sale Price: Item # 37 Attachment number 2 Page 46 of 65 I I I I I I I I I I I I I I I I I I I Sales Analysis: Building Data: 3 1 10 acres area are Item # 37 I I I I I I I I I I I I I I I I I I I In In III a; Q Q <:I; 000: j2 '~ .s we ~w ~,'-m 0..0.. q- ~oo C:D mID ~'~ Q;f. 0 .,e,c 1-" U U w '" ~ If).....;1 lJ,.. E ('I) u N"",", 00 o >- wI:: w'....) <(< ...J::J UO <l:W 1-0.. <l;>- Cl- ~ a: III 11. o a: IJ. o-<.oQ -w'w !t":;l. '...' ~,..... 00 N ~ WNm C)'If"""O 1F"~d~ tJ:') Cl o 1000".- OrO o ..,' ~ '~,O "F 00 r-.. '" o "'e!' 00 w :ii o q .~ ci W Ll. 00 a. N o is 8 '0 <ll iIX) N - W ""~ ;;; o '" o f2 ~ "" m OJ- r-. ~ ;; <?l C? .0 ;; ~ ... w l;1 '" w ~ """" ;:;j t>> Q ~ o o ~ o r:I;, j;f} It") ~ 1;.'") m '~ w w '" ~ In '" }goo 'r" 1llJi!in En ..... c: Ei 1ll?l'D a;n ~ ,e! iJll- ro (3 mo .0-0 "'::'.0 :::l ' ~ ""'7.iO :55 00 ~ ~S~ (",;I' ~ -1;,.,.........."= ii= !li1' J! J! ,~ .!E :ni :ii ]; :ii (flWWCIlW D o .0 ci .0 eo 00' e,.J?;'"Jst6:~'';j:*'~ ooooo~ c t: ... ~~ "'''~ ""I::j", fflE~ .....'IDI-= lrfi OJ '\ti <ll (1i m a. Vi R flj,1!! UlwB -- u~ WW(j) """c> t;:; BE ...-.;: 00 E g: <t;< "0 8j ~ M .$i~'~ E 'E"E ww(iJ ~'~~~~:s. ~ ;;; .$!~ii~ EE'E:EE wooww(iJ c OJ I;;; (5 ill (;J ~ z 000 !Qu a;- <(I- 1J.Q2 ::!i0:: O~ 00 11;.<( co:: < I U w I- w Attachment number 2 Page 47 of 65 ,2,1 " E EOO '= j"., .!!'!!! EE (iJ(jj 'fft'if!; 0.0 !l~ EE ww ~o 'E'ii WE Cl Z Z 00:: w1tJ~ NWI- W::lO Item # 37 Attachment number 2 Page 48 of 65 Market Data Analysis of Comparison foot Elements of Real Property were were Market over Sales we our Improved is core Improved Sale 2 - is is used as a no location square This required a Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 2 Page 49 of 65 Improved Sale 3 - is is in a sale upward for the for use and a value Improved sales conclusion - $1 14 per foot being similar use core at a Item # 37 Attachment number 2 Page 50 of 65 Item # 37 I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I Attachment number 2 Page 51 of 65 Item # 37 ~~~~h~e~/~~mber 2 I I I I This has been made with the 1 No is assumed for the considerations. to the stated. or for matters and 2. is and clear of any or all liens or encumbrances unless otherwise stated. 3. and are assumed. 4. The others is believed to be but no is for its 5. are assumed to be correct. to the reader visualize the and illustrative in this 6. assumed that are no hidden or render it more or less valuable. No the studies that may be is to discover them. 7, is in full laws unless and local and is considered in the 8. It is assumed the a been to all and use described and considered in the and restrictions 9. It is assumed that all administrative have been or can be is certificates of occupancy, or or national or or or renewed for any use on which the value estimate contained in this 10. It is assumed that the use of the land and its is lines of the described and that there is on encroachment or the boundaries or unless noted 11. otherwise stated in this be on the was not materials on or in the Weare not substances such as materials which or may not us. We had no of the existence of such to detect such substances. The presence of foam and other hazardous The value on material are on or in the in such conditions or for them. You are to retain an in Item # 37 I I I I I I I I I I if I I I I I 'I I I I I Attachment number 2 Page 53 of 65 This has been made with the conditions: allocation of total value under the stated must not in in this of The with the land and the values to land and and are invalid I so used. 1. 2. Possession of this or a copy does not carry with it the of is not to the further consultation or unless orto be in have been I I I I I I I I I I I 3. We are, reason of this attendance in court with made. 4. Neither all nor any of the content of this individual or the firm with which we are disseminated to the news, or other media without the written consent and of us. became effective 1992, We not made a the to determine whether or not it is in of ADA. It that a the of the ADA the of the act If so, this fact could have a Since we have no evidence to of ADA was not considered in the 5. The Americans with Disabilities Act surveyor the various detailed and a detailed of the with one or more of the upon the value of the with the or division of or 6. value estimates the into interests has been set forth in the of this when were to a review of the final 7. If the use in and 8. are assumed to assumed to with 9. If the with We assume that the and all leases and or user of this if any, has been encumber 1 O. If we were not we a and it may be necessary or tax to ascertain the prove this information to be of the this to be 11. The These are, herein are and a conditions. or short-term I I I Item # 37 Attachment number 2 Page 54 of 65 I I I I I TI1eatl'e Non Ad Valorem AsseSsfnents: Taxes: Taxes without Save-Ow'-Homes cap: Taxes withem any 10 10 10 I I I I I I I I I OF LOT 7 & W 30FT OF No GoVeJTlment: No Use: 0''/0 Tax OIlYIl $0 20.9022 LLC cia GASSENHEIJ\~ER, J.;$Jv1ES D 403 CLEVELAND ST 200 BISCA 'Y""NE BLVD 1000 MIAMI FL 33131-5344 Parc1?llnlormation Land Use: Sale Date Price 6/2008 16277 ! 839 1060 I 1029 6n 996 9381 565 Plat Year Plat 1896 U I Q I Q I Census Tract: 159.01 Evacuation Zone: NON. EVAC I I I Item # 37 I I :'1 l,. . ; I I Seawall: I I Foundation: Floor Slab 011 Grade Exterior Wall: Face Brick Roof Frllllle: Flat I I Combination I Pillar & Steel I & I Electric: Bath Tile: Floor and Wall Fixtures: 12 Tolal Units: 0 YeaJ- Built: 1896 I I Effecti ve Other Functional o 25 o I o I I I Total I I I Finisbed 1 Finished SF: Sob None 390 I Total Gross SF: View: Units 55.00 View Floor: LOO .25 .90 Total Effective SF: Attachment number 2 Page 55 of 65 s Item # 37 nus p ooten:d into this _ SPORTSDANCJ:, 3250 Mary "Seller", IUld RUTH ECKERD address is; clo Mr. Robert berelnafter referred to liS the SALE AGREEMENT is made and and between MAMC FLORIDA compauy, whose address ill: 33 hereinafter to as the ll. Florida business 111] McMullen Clearwater. FL R]J;(..'l'l'AL8; The Seller is the owner oithe hereinafter described and is able to good and PUlI'ketable free and clear of all liens and except as herein to and desires to the from the Seller and to close on !laid to termll as here.ina.f'ler sct said FL 33755-4004 See Exhibit "An attacbed hereto and made a Parcel l'iIOW in and for othc:n- valuable each party, the recitals !let to sell and the conditions: of the mutual the and above are agrees to contained in lhi::; of which is. herein upon ARTICLE ONE - PURCHASE PRICE AND ESCROW ] ,I The toW AND hereunder is ONE MILLION Dollars: ONE !!IS l!lJl earnest money the to as two bllSlness days Bfl:er Ihis Escrow Agent shall hold the Earnest Money monies shall be applied Attachment number 2 Page 56 of 65 I I I I I I I I I I I I I I I I I I Item # 37 I I I I I I I I I I I I I I I I I I I I against the purchase dUe from Buyer at escrow deposit shall be placed in an benefit of the Buyer. Upon written Buyer's Federall.D. Number PUtpOllel At the 1"equost of Buyer, said account. with interest accruing to the shan said with (b) If the Buyer elects to one (J) business days the Escrow agent the sum BamC8t Money Deposit". POl" Money Deposit" shall be purchase of the Property. then within Period. the Buyer shall pay to referred to as the "Additional term "Additional Eamest Money Deposit. (c) The balance of the other matters specified 10 adjustments Me! ARTICLE TWO- INSURANCE 2.1 Title Inl\n1!liDce. &om effeetive date hereof, Buyer shan, at Buyer's title insurance commitment to Buyer issued by an insurance acceptable: to agreeing to issue to and other documents required bcteu.uder, an in the fun amount of purchfl:Se price, marketuble shall to d1e Property herein described without other tban ad valorem taxes for the CUlTent year, easements lUld record and the the insurance commitment is the title deliver legible copies of all exceptions the the duration of the Period to examine it end to defecw or not herein agreed to by Buyer. Upon of shall have a reasonable of time. not to exceed to remove or COITect such and use due in doing so. tbe of lawsuits to correct &uch greater certainty it Is that shall not be to C()~t 1m)' defect. If Seller does not or cannot correct the defects after a good faith diligent effort, Buyer mil)', lit elect to take titlliil "as without diminution in purchase price; or (ii) may terminate and the earnest theretofore Within ten kom Date Seller shoJI with 11 copy of the loan it at the time owner WlIB made. 2 Attachment number 2 Page 57 of 65 Item # 37 ARTICLE THREE - SURVEY 3.1 SarvlW. Within Date. at Buyer's ~se, shall order an with all camm properly staked or marked with. iron and party, certified to Buyer, Buyer's lender, if any, and w the aU mattm of record identified on the title oommilmcnt whicb the event the liUIVey reflects nn encroachment or or otber matters, then the For notice and be the same as for the Within reo days of execution of this Seller all documents and records it Iwl to the studies, proposed to the and to Sell CJ: documents provided by as to completeness or documents were mahuaioed it relates to this It survey within deemed waived or satisfied. that the In flies Illl that docs not obtain the or matters as to the survey shalt be ARTICLE FOOR - INSPECTION 4.1 Date to the will all W'ld examination but not limited to: cOl'll::litiOll of the soil and of tube for its Il!ld the with and Use. neoellsary to afthe of water !md sewer services and the cost with connection such fees. fees and Determination of the existence on the of any Mlltedalll (as hereinafter and the with Environmental Laws bcreinl1fter at its own cost and eXpense. mAy obtai.n an '3 Attachment number 2 Page 58 of 65 I I I I I I I I I of I I I I I I I I I Item # 37 I I Attachment number 2 Page 59 of 65 I I environmental Phase I assessment and audit and regarding the Property, which 8.-;SCSSD1cnt audit and testing shall within the Inspection I I Act of" 1986 COJnmunity Conservation hazardous waste laws regulations Laws" means any and all federal. state. lOCal or ordinances, codes, decrees: or to orimposing liability or 8lI now or may at any time The Clean Water also known as 33 ~ 1251 el: scq,; the Toxic ct. . the Ail' Act and RodenticIde Act 42 U.S. C. 7401 et 7 0136 et 300f el seq.; tbe Surface 1:1201 et the and Liability of and R.eallthCl'izaticn and I HlIZIIrdoUIl I I I' the 42 U fi 11001 et Ileq.j the 42 V.S.C. *6901 et seq.; IX' in any other with any amendments thereto, SUCCe8l$or law thereof. I As herein, the term moans: hazardous, tox.ic or dangerous waste, or material defined or listed as such for the purposes of) CBRCLA. or any other U IlOW or at any time hereafter in other substance or material that exhibits any of the cbaracteristics enumerated in C,F,R. 261.20-261.24, inclusive, and those extremely hazardous chemical Section 302 of SARA and toxic 01 hazardous chemical substances under and asbest05 or asbestos substances whether or not the same are del.ined or as 11 dangerous substance ot material in My environmental such casc in or concentrations remediation or substance or waste to except substances lJ.'icd in restaurant ()C retail I I Review of such other matters to the WI may deem I I appropriate. Buyer and hours for the appropriate" Agreement remains In nonnal busfness tests and oxaminatlons all they may deem the Period and subsequent thereto 10 long as this force and effeot In the event the Property is disturbed tn uny I <1 (j;) I I I I Item # 37 Attachment number 2 Page 60 of 65 I I I I I I manner by Buyer or Buyer's immedilltely thereafter restore land to ih a"recs to indemnity. and (including wrongful death) or loss or activities on the Property, to incurred in connection with Imy If provide In the course of Seller shall the to out its of the Property, a In the event results of the Agreement by written Period. In the event such Bnd an rights, obligations forever di.scharged, those remil the Deposit to 8udl notice wifuin tenna of this shall be remain in full effect. in its sole and absolute is not sadsficd with the shall have the to terminate this on or before of the Inspection shall terminate tenninatc and be Escrow Agent In the event does not tennination under the and this shall I I I I I I I I I I I ARTICLE - PROPER'l'Y of to tile extent such sl1all have the to to extend or to waive under Me met to, the are not met as pro.....ided BUYeT all deposits made hereunder. or Bnd to as herein Buyer not is upon the both is the Purchase the within The fuat Seller Thomas in thereto (the and the transactions contemplated execution here by 'Effective Date. .5 Item # 37 I I II II II il I I I I I I I I I I I I I I I Attachment number 2 Page 61 of 65 If not approved and this contract is for all costs. fees and hereunder, to inelude should litigation arise as to Seller will immediately reimbUTBe Buycr incident to Buyer its due diligence foes incurred in en1brcing Seller obligation SIX 6.1 GENERt\L DISCL.J\.IMI!t~ EXCEPT AS SET FORTH IN nus AGREEMENT. THE SALE OF 'lHB HER:ElJNDER IS AND WILL BE MADB ON AN "AS .. "WHERE II AND "WlTH. ALL FAULTS" BASIS, WITHOUT AND WARRANTIES OF ANY KIND OR EXPRESS, OR INCLUDING ANY OR WARRANTY CONCERNlNO TO 'l'Hl3 PROPBRTY, T':RE PHYSICAL CONDmON OF TI-iE PROPERTY THE CONDITION OF THE THE CONDITION OF THE THE OR ABSENCE OF HAZARDOUS SUBSTANCES OR AFFECTING THE PROPERTY), TIm COMPLIANCE OF THE WITH APPLICABLE LA WS AND REGULATIONS AND BUlLDlNG COOES OR THE ST A TUB OF DEVELOPMENT OR USE RIGHTS RESPECTING THE PROPERTY). ANY REPRESENT A nON RESPECTING ANY INCOME, OR RIGHTS OR CLAIMS ON, AFFECTING OR PERTAINlNQ TO TI'iE PROPERTY OR ANY PART'I1iJ3REOF. PURCHASER DURING THE INSPECTION PERIOD, PURCHASER WILL REVIEW AND INSPECT ALL MA TI'ERS WHICH IN PURCHASER'S UPON AND ITS VALUE AND SUITABR.ITY FOR EXCEPT AS TO MA TTBRS SPECIFICALLY SET FORTH IN THIS AGRE.l3J'+dBNT: WILL ACQUIRE THE SOLELY ON THB BASlS AND FINANCIAL AND TITLE INSURANCE PROTECTION BY THE OWNER'S (B) WlniOUT LIMITING TIm PURCHASER IT OTHBRWISE MAY HA VB AT LAW OR LIMITATION. THE RIGHT TO DAMAGES FROM CONNECTION WITH THE CONDITION OF THB INCLUDING ANY RIGHT OF UNDER'IHE COMPREHENSIVE BNVlRONMENT AL RESPONSE COlldPENSA TlON AND LIABiLITY ACT. 6.2 BXCBPT FOR MATI'BRS SET FORTH l.N 'THIS SURVIVE THE CLOSINO OF THIS AGR.E:6M'ENT. BFFECTIVB AS OF THE CLOSING, PURCHASBR SHALL BB (, Item # 37 Attachment number 2 Page 62 of 65 I I I DEEMED TO HA VB RELBASED SELLER AN)) ANY ADVISOR. MEMBER. TRUSTEB OR OTHP.R OR OTIiER WISE "SELLER ANY AGENT, PARTNER. MBh1BHR,. OR OTIiBR OR ENTITY ACTING ON PURCHASER'S BEHALF OR OTHERWISE RELATED TO OR AFFlI .1A TED WITH PURCHASER A "PURCHASER R..BLATBD HAS OR MAY HAVE ARlSINO OR RELATED TO ANY MATTER THING RELATED TO OR IN WT'I'H THE PROPERTY INCLUDINCi THE AND INFORMNflON RBFERRl'ID TO ANY CONSTRUCTION ERRORS OR OMISSIONS IN THE OR CONSTRUCTION OF ANY PORTION OF THE PROPERTY AND ANY BNVlRONlY!BNTAL AND PURCHASER SHALL NOT LOOK TO SELLER OR ANY SELLER RELA TBD IN CONNECTION WITH THE FOREGOING FOR OR RELIEF. THIS RELEASE SHA1..L BE GIVEN FULL FORCE AND ACCORDING TO BACH OF ITS EXPRESSED AND INCLUDING THOSE RBLA TING TO UNKNOWN UNSUSPECTED DAMAGES AND OF ACTION. PERSON OR ENTITY RELATED OR AFFR.lA TED w:rrH RELATED FROM ALL CLAII\4S I I I shall be fifteen (1 be: at a location 8S of the At I I I I ANYTHING HEREIN TO THE CONTRAR.Y THB SELLER HAS NO 'KNOWLEDGE THAT IT WOULD KNOW TO BE MATERIAL TO THE THAT HAS NOT BEEN DISCLOSED. ARTICLE SEVEN - CLOSING 7.1 Period. of the to between tbe II1ld suffichmt and recordable fee title in and to tht:: ad valorem taxes for the of Seller also in stll1ldard Conn to the title insW'llnce that SoUer has exolWlive of lbe to mechanics' liens or clairtUi of person as 1445 of to a of the I I I I special Property closing, if not yet execute and deliver an company the commitment thlllt is not Hens, that is not a the Internal Revenue Code to avoid the 7 I I I I Item # 37 I I I I I I I I I II III I III " III I II 110 I III iii I I I I I I I I Attachment number 2 Page 63 of 65 Main Office W. Street Suite 300 33607 (8 13) 22 I .2290 is the Ron is services. director for the Florida Division of Colliers International Valuation & for clients with a broad range of valuation and With suPPOrt, trust and estates, Ron's division expert witness insurance Ron is a Member of the commercial real estate with the state of various services on over and has years of Ron is also a State~certified licensed real estate and in Florida. in Ron's and involve a wide of centers, residential rental apartment office contaminated ranges, convenience service mobile home wetlands Ron include: market locational site involved in the sale and of over million of real estate, and industrial as well as various of vacant land. etc. Ron has also been a of office Ron has also consulted on and authorities and owners. related to expert witness Pinellas Pasco for various involved studies and Ron has been and valuation in the and the U.S. Federal over of these road real estate a.s an courts: Coun:. of South of South Masters of Finance Bachelors of Science in Business - Finance Item # 37 Attachment number 2 I'" Page 64 of 65 1 1 I I I COMPANY EXPERIENCE Shuchal"1 i$ a S""IOI DII!'",IO. 01 Colliillf$ AI"n~,ld V3lWltlol'l llwo::>lved In t~ r.e",l e$..ue ""lu"tiol1 and di;:l>u "';Ih a broad nng", of valuation liel"vkes, lla$ I ,,,,,,''Vice; 10 ~ govel"nnl""mal prl""l<: esml~~" II'U~' I PROFESSIONAL ACCOMPLISHMENTS I exf'eni~ has 111 a wide "'M"ie-ty of "pl'l.rtmenu and {ondomir.lum ,On~.:l,ie!\<:e .tores and ~el"'\'ic", "tiltK>I)~" cOUI'lIes, ft'\j.[aUl"anu, lrH:lunn",1 ~nd unit raf'i,h~$ 8. dtl'u~ st':l'lslllve & facililies, m1l11l'l1lS, limber Irn~ IS, 8: com mUl'lll r F>!;sidel'\C<Hl, 'f'e<:lal ule 1'1'0f'e'"1;iu, I EDUCA TION I of FloO"lcb, Bachelors of S~iern:e Busin('s! Administration, M~jor Finane;: I AFFILIA TJONS I"" had d", MAl ct'rtil1ed ",$ Ar'pti),\f~t~lln5tio_n:e Irom the Apprni~.,J InstitutE; $.in.:" 1'999, \lf1J is d,,, reqll'f~mem:s of the c()l'ltmlling ~<luclllion pn:>gl':lm I M",rnib<!'.' of th" Apf'F.."al h'lStirucE Stare.Certified General Appr''''l.''r 0001 S$5 I I 1 I TO I Item # 37 I I I Attachment number 2 Page 65 of 65 I I I I I I I I I I I I I I I I Colliers Arnold V III uation has service s, and propel1 y tax on me nex t page, in eminent domai 11 valtlation, hislOric We can a wide variety of reslOralion and ad vi sory \'aluatioll };- I- ~ Easemem valualions Evaluations of real property collaterlll Self-contained, summary, or restricted use report fornllals valuations Appraisal review outsourdng (technical review or field review) Charitable contribution, estate, and U'llst basis vahlatiollS CUlTelll value accouming valuations )> :> > )> Insurance valuations Partial interest valuations ? ) )>> Portfolio valulltions ~" "" >> Purchase allocation and cost segregation analysis 1~lllimmt LJomaill ~7allJatjoll > )> Before and after valuation Cost to cme anal y si s )- Damage slUdics hn'cslmcllt Researcb ~ ~ )> ~ Fiscal and economic impact analysis Lease analysis Adaptive re-use/historic resloratioll analysis repositioning and lllmaroul1d studies and dis~oullt rate survey smdies Duc diligcnce a!;sisl,mce " Lease versus buy Mark el f ore",asti ng analysis , p :;> development ) )# Feasibility Fi nandal ,. y reports velllllre analysis and illvestmelll analysis [jili 'ation Su l)lmt }> :>- Case research and amllysis Expel1 witness testimony }> " Legalrechl1ica1 assistance Li Ii gallon val uati Oil Mal'kclllllal~sis _ ___ ? Ahemalive use sludies ::.> studies y Economic base and I- Highest and best use aMlysis ;.. Marker pricillgJrem analysis ;.. Markel share and absorption slUdies , Marketability studies }> RevHali7Jltiol1 and urban developmem st:rate:;:ies sludies Colliers Arnold Valualioll Advisory Services 4350 Wesl Cypress Suite 300 . Tampa, Florida 33607-4175 (8! 3) 221-2290 . Fax 224-9403 . . Clearwater' Fc Myers. Orlando Colliers affiliate offices in Ft. Lauderd:lle . Miami (J_Ma".tdil1 ~li'WI~~~:i\O~0 ~!l'~'''')j Tht<I~w.lfililfC~f$ ,.\:nw.ld k h, trw'Ji iI4J~l~r w!)Jlillrr'vfj'filil !i:SblW'!ilIin1itd iidid' lit/.furnfIiiU~~ wldil ,",iI1~~I:t' mnlMr1:Iim'M ttildbUct:iilti:id~h.~i:ry _~. w1lrf.htlnl:eMt'-;; Wlil'JiiSt... b.est roet'loIj;\(t I Item # 37 SUBJECT /RECOMMENDATION: Other Council Action SUMMARY: City Council Agenda Council Chambers - City Hall Meeting Date:8/21/2008 Review Approval: 1) Clerk Cover Memo Item # 38