01/20/2000
\.' .
. , . I ~) 'J I' ~, " " It ~1 I J I", '..,
"" ' . _ > r> ~ " . '>,
_ ~ ~.. >-:" ~ .h>} , ,
Agenda: 1-20-00
/ (p 70
.~"'-"; ! :.'
City Commission
Meeting
1- 20-00
note: 1-18-00 Preliminary (Worksession) Agenda and paperwork
that was in package initially but then not continued onto
Thursday's agenda is at the back of this agenda pack.
/ Co 7/
, " "J",. .' " . ..' .,,' ',,' , . ' . "
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, January 20, 2000 - 6:00 P.M. - Commission Chambers
1. Invocation - Commissioner Hart.
2. Pledge of Allegiance - Mayor.
3. Service Awards - None.
4. Introductions and Awards - None.
5. Presentations - City Manager presented Clearwater Beach entryway plaque to Sheila Cole of the
Clearwater Beach Chamber of Commerce.
6. Approval of Minutes - Regular Meeting 12/9/99 - Approved as submitted.
7. Citizens to be heard re items not on the Agenda:
Roy Cadwell hoped Commissioners accomplish their goals in 2000. He felt the City should not
charge residents for sewer and waste removal services when they are out of town.
Thomas Recanto said the Curtis Street subdivision is interested in annexation but found it too
expensive. Staff to provide analysis.
John Pimenidis presented a petition opposing a truck route along East Shore Drive.
David Sinsere and Rov Minton, of the Lisa McPherson Trust, requested fair treatment from the
City and expressed concern staff not interfere with their plans to oppose Scientology.
Jack Alvord requested public hearings re code changes and asked that they address the project
proposed next to Ba'{view. He questioned the source for a statement that septic tanks pollute.
Paul Gibson complimented the Commission and City Manager regarding redevelopment and
infrastructure improvements. He said Scientologists are a positive force Downtown.
John Cabias opposed actions by the Lisa McPherson Trust.
Clarence Davies, Donald Dillal'h Bob Scheffler, and Scott Freeman spoke in support of retaining
the Clearwater Golf Park.
PUBLIC HEARINGS
Not Before 6:00 P.M.
8. Public Hearing & First Reading Ords. #6485-00, #6486-00 & #6487-00 - Annexation, land Use
Plan Amendment to Residential Low & LMDR Zoning, 1735 West Manor Ave., Clearwater Manor,
Lot 39 {Nabil & Nadia Youssef, A99-21 )(PlD)
ACTION: Approved. Ordinances passed 1 st reading.
1/20100
1
't.
9. Public Hearing - Annexation, Land Use Plan Amendment to Residential/Office Limited & Office
Zoning for property located at 3150 McMullen Booth Rd., Sec. 21-28-16, M&B 23.10 (Robert &
Nancy Hurst, A99-20)(PLD)
ACTION: Continued to 2/3/00.
10. Public Hearing - Res. #00-12 - Approving Development Agreement with Mandalay Beach Club,
Ltd. (PLD)
ACTION: Approved. Resolution adopted.
11. Public Hearing & First Reading Ord. #6478-00 - Vacating 50' r-o-w of N. Gulfview Blvd., lying
north of Papaya Street (aka Palm Street) & south of San Marco Street (aka Mangrove Street)
(Mandalay Beach Club, Ltd., VQO-01 )(PW)
ACTION: Approved. Ordinance passed 1st reading.
12. Public Hearing Bl First Reading Ord. #6476-00 - Vacating 60' r-o-w of Third Avenue South, lying
east of US19 & west of Chautauqua Avenue (formerly Main Street), subject to retaining full 60'
as a drainage & utility easement (Dimmitt, V99-13)(PW) - To be Continued.
ACTION: Continued to 2/17/00.
13. Public Hearing - Res. #00-05 - dedicating portion of Drew Plaza Park as public r-o-w, declaring
said r-o-w as surplus to city needs, and authorizing execution of Purchase Agreement for its
conveyance by city deed to FDOT to be used for transportation purposes (PWI
ACTION: Approved. Resolution adopted.
14. Public Hearing & First Reading Ord. #6491-00 - MDR Zoning, 608 Orange Ave., Starr & Savery's
Addition to Clearwater, Blk 6, Lot 1 (Jerry & Lynda Gilliam, Z99-05)(PLD)
ACTION: Continued to consider amended application on 2/17/00.
15. Public Hearing & First Reading Ords. #6492-00 & #6493-00 - Land Use Plan Amendment to
Commercial General & Commercial Zoning, 2463 Gulf to Bay Blvd., Sec. 18-29-16 (Sunny Grove
Mobile Home Park, Inc., Z99-04)(PLD)
ACTION: Approved. Ordinances passed 1st reading.
Public Hearing - Second Reading Ordinances
16. Ord. #6494-00 - Relating to Employees Pension Plan; amending Sec. 2.393 of Code of
Ordinances to amend or delete definitions; amending Sec. 2.397 of Code to amend benefits
under the plan; providing for referendum election relating to the pension plan
ACTION: Ordinance adopted.
17. Ord. #6482-00 - Submitting to the City Electors proposed amendments to the City Charter
amending Sec. 2.01 (d) 5 (vii) regarding leasing surplus municipal real property
ACTION: Ordinance adopted.
1/20/00
2
, 'I ' '.' .' I . . I ' . . .' / " .,1 d' . ... " '.~ \ " ," / i" I I ' ".~ I
CITY MANAGER REPORTS
CONSENT AGENDA (Items #18-36) - Approved as submitted.
18. Approval of Purchases (& Declaration of Surplus) per PurchasinQ Memorandum:
Kaiser Pontiac-Buick GMC, Inc., one 2000 GMC Sonoma compact pickup truck (replacement), for
use by Planning, $12,574.445; funding to be provided under City's Master Lease-Purchase
Agreement (GSS)
Don Reid Ford, two 2000 Ford Explorer 4x4 utility vehicles (replacement), for use by Police,
$46,906; funding to be provided under City's Master l.ease-Purchase Agreement (GSS)
Bell Chevrolet, one 2000 Chevrolet Express 15-passenger van (previously approved addition),
$22,374; funding to be provided under City's Master lease-Purchase Agreement (FD)
Mclain Southland Equipment, one 2000 Mack front loader refuse collection truck (replacement),
$143,318 (SW)
Bobcat of Tampa Bay, one 2000 Bobcat Model 863 loader (replacement), $18,821; declare
surplus and authorize trade-in, one 1996 Ford New Holland loader (SW)
Ring lift, one 2000 Caterpillar Model DP25K forklift (replacementl, $15,293; declare surplus and
authorize trade-in, one 1995 Mitsubishi FG-M forklift (G-1509l (SW)
Spartan Oil Company, diesel fuel for use in equipment operated by various departments, 1/21/00-
1 2/1 5/00, est. $400,000 (GSS)
Petroleum Traders Corporation, unleaded vehicle fuel for use by all departments operating
motorized equipment, 1/21/00-12/15/00, est. $350,000 (GSS)
Additional Payment of $2,975 to increase total contract with People Map Training a/k/a E.
Michael Lillibridge from $25,000 to $27,975, for consulting services provided from 1/13/99-
1/31/00 (eM)
Miller Bearings Inc., 1 st of 2 extensions, misc. bearings, seals & related items for use at all WPC
facilities, 1/21/00-1/31/01, est. $50,000 (PW)
Smith Fence Company, control gates to be located at 3 WPC facilities & 1 at Public Service
Complex, $57,795 (PW)
Tampa Bay Engineering, utility design & subsurface engineering services, 1/21/00-11/12/02, est.
$275,000 (GAS)
19. Amendment to Interlocal Agreement with Pinellas County providing for joint management of an
Economic Analysis for north central portion of City commonly referred to as the Hercules
Industrial Area, to change date to 3/1/2001 (ED)
20. Five Year Agreement with Grubbs Construction Company, to provide post-disaster assistance to
ensure economic recovery of affected areas of the City if the community sustains major damage
beyond City's ability to handle within available resources currently maintained; initial contract
cost of $100 (FD)
21. Contract to Temple, Inc. for purchase of 3M OptiCom Traffic preemption equipment for 20 fire
vehicles & 20 intersections in the City, amount not to exceed $60,840; funding to be provided
LInder City's Master Lease..Purchase Agreement (FD)
22. Ratify/Confirm City Manager's decision to award emergency contract to McMullen Oil Company
Inc., for purchase of vehicle fuel, est. $50,000 (GS)
23. Agreement with Lockheed Martin, IMS Pinellas WORKS, for administration of City's 2000 Weed
and Seed Challenge Program and 2000 Summer Youth Employment Program, for $112,500 (HM)
1/20/00
3
, K" lit '*' I . I , - ' It. . ,( , ,I .' ,
24. Memorandum of Understanding in support of the One-Stop Career Center System (HM)
25. Approve Assignment of Lease of Clearwater Airpark from current lessee, Clearwater Aircraft, Inc.
to Day Tripper Aviation, Inc., with no changes in existing lease (MR)
26. Contract to Public Safety Management for police field reporting software (FRS) for $392,750 and
records management system (RMS) for $124,625, for total cost not to exceed $517,375;
authorize loan from Central Insurance Fund in the amount $124,625 to be paid back over 5 years
with interest at cash pool rate (PO)
27. Approve acceptance of Local Law Enforcement Block Grant (lLEBG) funding for 2 years, from
U.S. Dept. of Justice/Bureau of Justice Assistance, in the amount $308,250 (PO)
28. Contracts to: Sierra Wireless for modems, cost not to exceed $180,000 & GTE for cellular
digital packet data (CDPD), cost not to exceed $90,000 (PO)
29. Authorize $100,000 disbursement to Clearwater Homeless Intervention Project IPO)
30. Contract to construct an activity pool with water playground amenities for Morningside Pool to
Aquamarine Swimming Pool Company for $58,416 (PR)
31. Interlocal Agreement re reclaimed water supply with Pinellas County, 12 year term (PW)
32. Contract to Dames & Moore for continuation of contamination assessment activities at former
Annex site, as directed by FDEP, $65,310 (PW)
33. Contract to Kamminga and Roodvoets, Inc., sanitary sewer replacement on Glenwood Avenue, in
vicinity of Palmetto Street, $1 63,744.35 (PW)
34. Third Amendment to Agreement with SWFWMD for funding for Coopers Point Restoration, to
extend term to 1 2/31/00 (PW)
35. Sidewalk & Utility Easement - 10' easement along portion of S. Greenwood Ave. (Clearwater
Phase l Partners, ltd.) (CA)
36. Settlement - Scott v. City, in exchange for full release and dismissal of the case with prejudice,
City to pay estate $100,000 (CA)
OTHER ITEMS ON CITY MANAGER REPORT
37. (Cont. from 12/6/99) Acknowledge intent of CRA to Accept Proposal submitted by The Balk
Company, Inc., subject to negotiation of a development agreement (ED)
ACTION: Approved.
38. First Reading Ord. #6501-00 - reducing number of members on library Board from 9 to 7 (LIB)
ACTION: Approved. Ordinance passed 1st reading.
39. Res. #00-02 - authorizing execution of Mutual Aid Agreement for Marine Patrol Services; approve
Agreement to allow Sheriff to enforce city ordinances relating to waterways and operation of
vessels & waterborne aircraft within City (PO)
ACTION: Approved. Resolution adopted.
40. Mandalay Avenue options (PW)
ACTION: Direction provided to pursue Option 1 for Mandalay Avenue improvements - roadway
cross-section to be 4 1 Q-foot lanes for traffic, a-foot wide parallel parking on west side, 4-foot
wide landscape median, and 14-foot wide sidewalks_
1/20/00
4
, I
;'),\': r/..,...,..... '-.'~I '_". \~J,,'..':'.,_'~,~\. :"..t~,~~'.~'.:..I\"':;~~~,.\. ,;' '>'\',. \ .,' .:':. 1"(,'\";",\,. t, .I"I:.~../;, "''''':~):'-:'' ,..,,' ..\~.....l ." ..
1,' ,._,'j' ", ' '1>1. " ' -).I.l>. ').,: ,11..\ .....,"". ,/ , 1\,_ ~"....,..:..l.\, .'..... ...,.,I.(./~. , .\ 't'!' .,-" \" ,I I, '
.:~:./^'.: '~,'"-..,,,:-.,:.;">~.~\ ~~;'":;. \_':."):;.~:~ ",;:' ::>, :\:':./ ":. ....I'.:~ '.': ,";>-. ~~'" ~.:'.':';:,':.'.~:i . :.,' ,~",:.' \ ,':'. ~.' \/\. ".:' ,,':~,,"""'/~, ~>: ,'(/' ..~'.: ':~. '.',' . " ~.\~
.-I (. t .. ,,~. .' ' . ~ . I , ~ , ~. , . ." ,... ",
41. Lease Agreement with Clearwater Country Club, Inc. for operation of property currently known
as Clearwater Country Club Golf Course, 5/1/2002-4/30/2032, pending repeal of 60 year lease
limit or change of corporate name by Clearwater County Club, Inc. (PR)
ACTION: Approved.
42. First Reading Ord. #6498-00 - Relating to Occupational License Fees; amending Appendix A,
Schedule of Fees, Rates & Charges by 5 % increase in fees and amending administrative fee
charges (PLDI
ACTION: Approved. Ordinance passed 1 st reading.
43. First Reading Ord. #6499-00 - Relating to Building & Development Regulations; amending
Appendix A, Schedule of Fees, Rates & Charges, Relating to Sec. 47.084(4) (PlD)
ACTION: Approved. Ordinance passed 1 st reading.
44. Approve 4 fuU time equivalent positions for Planning & Development Services Administration
associated with increased services & fees, with annual cost of $104,600 (PlDI
ACTION: Approved.
45. Marine Advisory Board - 1 appointment (ClK)
ACTION: Reappointed William Wilhelm.
46. Other Pending Matters - None.
CITY ATTORNEY REPORTS
47. Res. #00-01 - Demolition Lien - 1016 N. Greenwood Ave.. Palm Park Addition to Clearwater, part
of Lot 32 (Maggie M. Bridges Estate - clo Carlton McCray)
ACTION: Resolution adopted.
48. Res. #00-09 - stating intent of City Commission to initiate conflict resolution procedures with the
City of Largo; specifying issues of conflict with the City of Largo; directing City Manager to
provide a statutorily mandated letter and certified copy of this resolution to the City Manager of
the City of Largo
ACTION: Approved. Resolution adopted.
49. Other City Attorney Items - None.
50. City Manager Verbal Reports- None.
51. Other Commission Action
Hart requested a name clarification. The Commission approved the beach be called Clearwater
beach, not Clearwater's beach.
Johnson thanked the Public Works Department for inviting him to their awards luncheon.
1/20/00
5
..'
'<;~',~;: ~';' :'/', > ,,' \,:- i:'.;':~,:~: ':, ',:'i: >: :<2',;'::, ::'i::,,', .;/;' ,'<:/'.'\ '
'4- >, 'i. ' ' ' , -\ . " ~ '.', , ,
.., ,-:'d '~-) ~.". ,
Hooper supported resolution of the Curtis Street subdivision's request for annexation.
Hooper wished Mayor Aungst a Happy Birthday on Saturday.
Clark invited residents to attend the swing band performance at Station. Square Park on 01/28/00
at 5:00 p.m.
AunQst thanked Terry Schmidt and staff for organizing the successful Millennium Celebration.
AunQst congratulated Herb Brown for being named Mr. Clearwater.
AunQst thanked staff for inviting him to participate in the reader program at Countryside Library.
AunQst said the Martin Luther King parade and dedication of the Cherry Harris Park were
successful events.
AunQst announced the Clearwater Aquarium's fund raiser at the Harborview Center on 01/22/00.
52. Adjournment - 8:29 p.m.
1/20/00
6
>'<,; ",',' .:, I ,."" :<:, \ ',"'.'" ,,:,_ ,,',' ""J"'" ,', ,I; .,' \ _ ,',':" , " ". I '; :
.,A...~..\ .., \' ", ' "(._ {' I, {_,
------- ' .' .'"' ___ ~' ,I .'.,
, -$ f, . I . ,I' I . . .. . . ' ~' ' ., I " ,f. ...
CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
FROM:
Mayor and Commissioners
Cynthia E. Goudeau, City CI~
Follow up from Janaury 18,20~rk Session
SUBJECT:
COPIES:
Michael J. Roberto, City Manager;
DATE:
January 20, 2000
Follow up information is provided in final agenda order:
Item #12 - Vacation, Dimmitt - The applicant has requested this item be continued at least one
month.
Item #14 - Rezoning, 608 Orange Avenue - Planning and Development has received a letter
amending the zoning being requested. The rezoning will be re-advertised and set for a public hearing on
February 17, 2000.
Item.#15 - Rezoning, 2463 Gulf to Bay Blvd. - staff will address the question regarding relocation
requirements, at tonight's meeting.
Item #26 - Field Reporting and Records Management Systems for Police - Software, by itself, has
always been excluded from the lease purchase agreement. Lease purchase of software is allowed if it is a
minor portion of a larger project. The Records Management System was originally part of a larger
package but is now being purchased separately. Staff is unaware of any other purchases that will
encounter this same circumstance.
Item #27 - LLEBG Grant - the City's match for the two year grant is $34,250 but the entire
match is to be paid in the first year.
Item #40 - Mandalay Avenue - staff will provide the cost to underground the utilities, at the
.
meeting.
, I,. \
~ 'I , {' I I, \' '. ,\ , t. \. . ,\/ I , . ,~ .. ' ,\ I . ., . \ - ",f' , t \' " J' . ", . I' . . , '. . . . I .. , ...
. '~" J...'. ,\. r I \ ,. ., , ,::.' , . .' . \ \ t !', . - 'j " \ , :., \>" \. " '" /. I' '- ~
~?,,~, .'::,~",~"~.. ,'. ...,',;,':: ';.' .....,~.;'::.~:'.. .'~ .... ;\', ',.;;,;.. '~.:.:"'I?I:;'
, I;' j .~, ,',' : ~. .. ~ ..' .,:'., . ' ~,I I' ",". t
Clearwater City
Commission
Agenda Cover Memorandum
SUBJECT/RECOMMEN DA liON:
SERVICE AWARDS
D and that the appropriate officials be authorized to execute same.
SUMMARY:
Final Agenda Item #
1/18/00
Meeting Date: 1/20/00
The following employees be presented with service awards for their length of service in the employment
of the City of Clearwater
BACKGROUND:
5 Year
Linda A.Burch
David O. Humphrey
Linda G. Byars
Diane C. Hufford
Vickie B. Dettenwanger
Police
Police
Planning & Dev. Svcs.
Economic Development
Finance
10 Year
Christoper Squitieri
Michael Stonelake
David M. Young
Terry L. Teunis
Bradley Golomb
Keith D. Shive
Charles H. Maybin
Dolores G. Hofer
Christopher R. Hall
John C. Scott
Police
Police
Police
Police
Fire
Fire
Parks & Recreation
Gas
Public Comm. & Mktg.
Customer Service
15 Year
Douglas L. Griffith
Edward E. Hunley
Dirk A. Curls
John W. Long, Jr.
Sandy I. Thompson
Charles F. Cronin
David J. Doyle
Harry L. Maisel I "
Michael A. Holmes
Michael T. Deegan
Paul H. Nystrom
Peter E. Hegedus
20 Year
David B. Bennett
Bernard P. Revelia, Jr.
T orin McCray
25 Year
Clarence Jones
Janice King
Police
Police
Police
Police
Police
Police
Police
Police
Plan & Dev Svcs.
Gas
Solid Waste
General Services
Fire
Fire
Solid Waste
Public Wks. Admin.
Dev. Services
Reviewed by: Originating Dept: Costs
legal NA Info Tech NA Human Resources Total
Budget NA Public Works NA User Dept. Funding Source:
Purchasing NA DCMlACM Captlal hnprovClllenl Current Fiscal Year
Risk Mgmt NA Other NA Attachments Operating
Othcr
Appropriation Code:
0 None
Rev. 2/98
,,~.;
Do It Up Small!
.' : :', ,': A ~~. i11fi~tP~~011~!1}!lt!Pt'i.i L' '.'" . ,
. '. , "1.fV1~t~~!~~":!;1f~lt1~i~'!fl~!(W ," .
~ttS c;, ct.I!AAWMtft t:tW.tAt~ tI' t!Ol,UA~nct .
" "4 ,"lllut~ to buutl(td :~A!'WAr.M.n~!1At:Hfl . .. 1.
r!KOLI -, 8AEE,iMOTEL:YiiAPT. \~, ,'.",
, . w . '. ,ll ' 11 ~. '.I' ... .. ' I tot,. . " I '~ .... . ' , ' ," \',: '! ',:,',
'II" P' . , 'J,~f It.,.-f .,t. t t': ,', ..
(727) ,'4.$1..6223 : ", "
<'<I;:' ',: . "
;:; . " :' ~'~ -: .
\t I ~..;!o ! :;,'. ~ .
..
Superior sOlIn LoctaXi& ~ll . '
..":; ; ,>:
.. ~l ~ ,.'
.: .
piihenidi
..
.' .' f." .
;.~~,: 0',.': t,',.:' ..~ ''I . :'.' - I, ,
, - , ~. '; l: . :"<?: ~ '
,
, I
Enginaer D~pt". City Commissibnet~
. '
.~LkL :.;:.;::~ IJ 1t .._~':~-'-'_ _ _ . .--:LL ':;;:,:,::;.
. ';~ J 1, ...... .r"",:,..,~:. ~J ,_.'
.', I . ,P-
.'
" f:
, .
. ~ i
,.. .
. :. . ~ . ~ ,!, .
, '
cct
Gary.Johnson, Traffic
'I
MEMBER OF CLEARWATER CHAMBER OF COMMERCE
LOCAllY OWNED & OPERATED BY
JOH', If. AND TINA PIMENJD,S
~ (727) 461-6223
APproY~ F~X (727) 298-8712
a mmut~ to beautiful C/~a,.....'at~r Beach ..
. KOll-8AEE MOTEL I APT.
440 EAST SHORE ORNE · CLEARWATER BEACH. FLOAIDA 33767
.: "
. I
, i J
'j
.,
. 'j
J
, ':
~, ; ~
. .
, ':;1
~, . ~
:.'11 .,: ;-: ,. .91 ;.',... '"'1.', _. .
~ , . .:
: :.. :
, ;
, :,
, "
"
,; . ~
440 f:AST SHOAE bAIV~, Cl~AAWA1'~A B~AtH. ~lOAlDA 33111
PAGE ONE OF 'l'WO
JANUARY 18, 2000
WE, THE PROPERTY OWNERS OM EAST SHORE DRIVE, CLEARWATER BEACH,
REQUEST THE FOLLOWING FROM THE CITY OF CLEARWATER tRAFFIC ENG. DEPT.
11 Remove truck route signs on causeway (which at present emphasize
East Shore Drive as a -TRUCK ROUTE/BYPASS ROUTE")
21 Put sign "NO TRUCKS" on corner of East Shore & Causeway and
insure nO.construction traffic uses on East Shore Drive
3) Place East Shore Drive on diagram that illustrates the roundabout
(which is located on causeway)
4) Put same decorative street sign for East Shore as signs used
on roundabout for Marina, Poinsettia, South Beach, North Beach
5) Better street lighting at entryway of East Shore & causeway
6) Speed signs on East Shore Drive
~~ -+40 Et 8\Prq, Dr. 'Rim~,b~~~
~~ (\. \l"~\l~ L\t\\ SV\~+ ~~q J.c
~~ '11l\?~<<6.w-I~o!lh gicr\1>lM l.t7'l ?SLwz-eJ<-
fY1 (Z f {\'\f\..S f ty\a(\ ~ ~or.... [fS' 4;;,.5 ES rror-a- DIL.
6' ~ rYl Ve., It RtJ v.f .5 6' - 4 3 (3 ~i P10 rl
.3 AW.f.- Ytl1f?;O lJ-f 1'1tJ - Lf$D EI9:s-f j htJ/<e
~'1f' ~~ ~;<b4.TO:. 4J~ 'IJ .0 ~~A'-4J--1l.
~ IfL-d:c-4 .::r~ ~ lI,ow t( j 7' ~
~ 'U~~' P-~ r"-
"~.--- ~,' (e.z;> ~~;~~.~'Q-:-: :.:"'-:./ _..-,,;:1(;..,.-...
- -.\ - -' - _. , -,. . . -.' -- ."
&' /" / . / . /- ? ... L
~~ (-/~? \/" ,......r.. Ji} -~:-- ~o#< ~;;/ _(_0'.
.
r; !4fJIEL. '1// LAS-1 s'MlE jJt'1 v&
/1 /1 / I
. ~ ~ /~--_. - /1. II ,..X)_
/ _ K ~), tdJe. {l:f< Ifjp j{C p f/{} i:"l::: ,f~ 0 ~ ~
L.e/V ~44-~ 7)~ ,~4-. 7'!U(~J2 ~ '
.Co-\-€t ~..:d- '-' ~J...~"-_ _ n __. ~'2, .q(lJ. (U:!2. ~ .
. I
~. ~____-.!dQ_o EA.>1 >~ OO..E:-. \)l~.
Licl.lJ 11-. OHO !.~/f!:_~!fe Vf1.____.._______..._ .iJ,Q:? E\ 5f{(>.ge c;:)f-.
"RoSie \fosmo.ll.- J-jo5 c'. SJ..-pre 0 {'. PeJi c.ovJ1 ftU)le<
d~7~ ~~rl'-]M>ffR~
, ~ -- dh --~~ ~ #-
~ ~ r<n~ .on'" '--\8-; S'~<t ~ ~,,~-~.. '
~.~:;: ~~.~.;:-~; ~e ('L~J &cH
OZ::dg -/(.~:rfE/1lArtt1r f; ~ ,7 r-d.J ~ In ~9fi' OJ'-
(J 1-VfYL,!l1 f) f'tUY7C1--.
I"
.,..... .,' ..
".
j',
/ ' I ' , . . I Y , '.' " " '. 'l,
,_ " ,,'J";-.
~ y'. /i...-r PAGE TWO OF TWO
.i!J~-~--=--% ~ - 448 r; M 31m PI: .
n ttIh. .~ ~:> 1\0 f~ -Dr.-kolitWq,M~"VAi*~
~: '1'~~ - - . - ._"t!>:-4I ..fu'~1~-'1Y~... _
~"iJO' ,,(Qt{I(/'!)v Lf D.~ Bt.d~ -[;~(J-9<- t<9 Ocd.tL.I-".J(",,"~
t C'::7~iLO("A~JMt.:Li:..4<e~ l:8i>-t 2Jltp.e Dr
~I :>L~~c~:~..(b-fti4Afo~ ~....o~ ~ Or:
~(
H
~
.' . ....
".. . ...... '".' ", t. f . , . , .' . ;.' . ,.
....,. . ".' ... :.', ....1 ~ ." ' , . '. '!' ,'I.. , ..,.' 0; .."., t ...' .; ,...".. t ,., :
r
,"_.,.'~...-,'''''''...''..".,..,' '.ll~"\ :.......>'".~....._"" t ,...'.,.~~'......:..~ 1'_.\.,,':'- "I, ':.. . ......., " ,~:",",,,\,~,b/~,\;f':I""" /. ,.:.hl.I....;~:\I"..~.\ ....I'.,'~
{J LLJ ~
Gearwater Oty Commission
Agenda Cover Mmorandum
Worksession Item #:
Fi nal Agenda Item #
B
Meeting Date: January 20, 2000
SU aECT/RECOM M eJ DA 11 ON:
· Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1735 West Manor Avenue;
Owners: Nabil F. Youssef and Nadia Z. Youssef
MOll0N: Approve the Petition for Annexation, Land Use Plan Amendment to Residential Low and Zoning
Atlas Amendment to Low Medium Density Residential (LMDR) for Lot 39 Clearwater Manor in Section 6-
29S-16E, and pass Ordinances No. 6485-00, 6486-00 & 6487-00 on first reading. (ANX 99-10-21)
ng and that the appropriate officials be authorized to execute same.
9JMMARY:
· The property owners have requested this annexation in order to receive City water and sewer service. The
property will have a land use plan designation of Residential Low and the proposed zoning is Low Medium
Density Residential (LMDR). The site is currently developed with a single family building based on a building
plan that was approved by the County prior to this request. This annexation will also eliminate an existing
enclave in the area.
· Water and sewer service will be provided by the City of Clearwater and capacity for the project is available for
both utilities. The closest water and sewer lines are immediately adjacent to the property in the West Manor
Avenue right-of-way. The required sewer impact fee of $900.00 was paid by the applicants on October 22,
1999.
· The proposed annexation and proposed use are consistent with both the City's Comprehensive Plan and the
Countywide Plan both with regard to the Future Land Use Map as well as goals and policies.
. The proposed annexation is consistent with Florida law regarding municipal annexation through its adjacency
with existing City boundaries and is compact in concentration.
. The Community Development Board at their regularly scheduled public hearing meeting of December 14, 1999
unanimously recommended approval of the annexation, comprehensive plan category of Residential Low, and
Low Medium Density Residential (LMDR) zoning district pursuant to the City's Community Development Code.
Reviewed by:
Legal Info Svc
Budget N/A Public Works
Purchasing N/A DCM/ACM
Risk Mgmt N/A Other
Originating Dept~.
PlANNING AND
DBlaOPMENT ICES
User Dept. oM--
Attachments
Costs
Total
Cu rrent FY
Funding Source:
CI
OP
Other
AERIAL PHOTOGRAPH OF
STE& VICINITY
ORDINANCES NO. 6485-00,
6486-00 & 6487-00
&.Ibmitted by:
City Manager
Printed on recycled paper
o None
Rev. 2/98
,,~,', .' ., ~"'._'_' ~~_,.:, "'~.f'~' ~f.' ,It-...,' ,.';', ,,',., .' ,', : .~,' ".'~ 'j'..' 7' , ',.' ."......\ " .,. "4,,, ". .. ,.$'
~.
T
LC) ('
t- i c-) "'-'1
J ... 1 ...
\ 1 ct P
.At~......
."- . ",
L_j i.~~~______.... .....~.__:~,h.
NORTH
i
;.
~-- ,
; -..._.'~;f
I""""'"
,III: ,?(A .........'.....
,/v~. ~'-;---
'/."" . >.
~ ~ t ~~: ~ ~
~I~\~ 1-:
':. "P',-- ::),'
--.....~~ fER .~l:~lll'
"'~' .",f'
CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
ORDINANCE NO. 6485-00
AN ORDINANCE OF THE CITY OF CLEAHWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 390 FEET NORTH OF SOUTH LAGOON
CIRCLE AND 100 FEET WEST OF RAGLAND AVENUE,
CONSISTING OF LOT 39, CLEARWATER MANOR IN SECTION
6, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 1735 WEST MANOR AVENUE, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, 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 COMMISSION OF THE CITY OF
CLEARWATER. FLORIDA:
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 39, Clearwater Manor, according to the map or plat thereof as recorded in Plat
Book 41, Page 66, Public Records of Pine lias County, Florida.
(ANX 99-10-21 )
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission 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 and Development Services Administrator 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
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6485-00
\". ' ..' .' '.,'. . . t. I'..: ". _ t, .~ ..
:; I . '. ,'/' ~.' " '," ..: .,...{..:......J,-', ""'(: ;. ~,""."_ ,', ",-'... . \",. . :." ,',<,.~,,....~, .,', ". :-~ .t, ~.~.'. " '.
ORDINANCE NO. 6486-00
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 LOCATED
APPROXIMATELY 390 FEET NORTH OF SOUTH LAGOON
CIRCLE AND 100 FEET WEST OF RAGLAND AVENUE,
CONSISTING OF LOT 39, CLEARWATER MANOR IN SECTION 6
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 1735 WEST MANOR AVENUE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; 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 COMMISSION 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 39, Clearwater Manor, according to the map
Or plat thereof as recorded in Plat Book 41, page
66, Public Records of Pinellas County, Florida
(ANX 99-10-21 )
Land Use Cateoorv
Residential Low
Section 2.. The City Commission 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. 6485-00 subject to the approval of the land use
designation by the Pinellas County Board of County Commissioners, and subject to a
determination by the State of Florida, as appropriate, of compliance with the applicable
requirements of the Local Government Comprehensive Planning and Land Development
Regulation Act, pursuant to 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6486-00
r. .. N + : ...........,' \, - .~, + ,.,,: . ,t. .... -:. \ ..
ORDINANCE NO. 6487-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 390
FEET NORTH OF SOUTH LAGOON CIRCLE AND 100 FEET
WEST OF RAGLAND AVENUE, CONSISTING OF LOT 39,
CLEARWATER MANOR IN SECTION 6 TOWNSHIP 29 SOUTH,
RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 1735
WEST MANOR AVENUE, 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 COMMISSION OF THE CIll' 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 39, ClearvJater Manor, according to the map
Thereof as recorded in Plat Book 41, page 66,
Public Records of Pine lias County, Florida
(ANX 99-10-21)
Zoning District
Low Medium Density Residential
(LMDR)
Section 2. The Planning and Development Services Administrator 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. 6485-00.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6487-00
" "/ ~'" -',- ,:,f.;.../..".....';.~..l....;.. f\~"'''';~ '- .\-l~< '.:""",, ~'l"",~r ~l;.t~_ .:;, ;o,*o~.:q'.~ 't......';":".,.. ~;:,~......:.I ~ - ..:~,.:I....\,.>_.,.,. :'-""0",,0'''0($''';,1'' .'-.::;., J"..~ :.l::~'
I!
j:
i;
! ;
,
~ I
~ I ~
I 7\1 .~
'" '",
!~ I ~ I~
IR
MANeR
'''' I~ "" ~ I
I", C'f: N
8LVD N II
~ I~ t-. r r-. I I!
;0, .... ~o i '"
'" \'" '" I '"
'" '" C\i C\i
79 ~, !
-;;r I 82 ISj:
.... .
, I;
9.i. i
93 91;
Q QJ 1:
\,Q\,Q'
~~I
I
I
~ 1
-
.
CI
.::1 :0 I ~ I
!I?~~"~
I .
1770
1 :
I
I.
I
I!
I:
I!
II
i i
I
I ~ER
I ~D
itER
, I
, ~
--1
:';'?~!
~ 2
I
I
I
1750 I::
IN
I
;0
,...
or
or
I I !ns3
2': 17sa I I 4.5
O~
~~
a: I I W 175/
2'7 ::J ~l
U ,Q?) ... 1750 ~ ~ "
~ ~ ~ 17-19_
,C,..) ..... ~L
,~ 17.48
/755
. .
-...
:c
1758
~\
=.' \.::.I I
-',75-1
@
~
Qj
~
11
120
26
<t~
.....<1
~
~ 13+
IRE ST~TION
I ~ 1
~
\0
.n
o
N
,
.....
.....
1718 :i
rraini7\g
( 4) #4 Offici
6.3
\0 62 ~ 50 \1711
125
:12611
12;1 !
!
I;
LOGAN
/700
Fin: 55
Sf o.lion. 50
STREET9
... I 10 I
IN ""
'" " .~
. C\i
'61Ii~I'59
15 !
b.--
.:: ~ ~~: ',.":: .~.'.~: .... .
:~ ...~~ .*~~~.:~:-:~~:~~~ ,,~~. .
. : . -" . '. i .
- .' .' ~. .. .. ;-
. ..;..t..;* :. ~ :.... .
~: :.~::~.. .~>.~~ ::; ... .
Cl
or')
~ l"') '" l"- t:)
co <lJ a:l 'll
~ ... N ...
"l CIj CIj
1688
1686
55
Ol
.....
PROPOSED ANNEXATION AND ZONING CLASSIFICATION
OWNER:
Ncbil F. Yausef & Nadia
1735 West Manor Ave.
Clearwater, Fl.
z. Yousefl ANX: Anx99-10-21
PROPERTY DESCRIPTION:
La t .39. CI ear wo ter Manor
FROM:
TO:
LAND USE PLAN
Residen ticl Low
Resicen tiel Low
ZONING
R-,3
LMOR
PROPERTY SIZE ACRES:
Rhht-of-wJY: N/ A
SEC: 6 TWP: 29S
9.1567
ACRES: N/A
RANGE: 16E
ATLAS PAGE:26JA
COMMUNITY DEVELOPMENT BOAiD:December 14,1999
CITY COMMISSION: JOntJCr120. 2000
File ~Jc. 99-21.dwg
Preocred ::w ::.\- Pt.;blic Wcr'.(s Acr-ir.:strctic!"
Ordinance No. 6487-00
Ki. .
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
R nal Agenda Item #
JO
Meeti ng Date: Jan. 20, 2000
SUBJ ECT IRECOM MEN DATION:
Review of a development agreement between the Mandalay Beach Club, Ltd., and the City of
Clearwater.
MOTION: APPROVE a development agreement between the Mandalay Beach Club, Ltd., and the
City of Clearwater and pass Resolution 00-12.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. The 1.63-acre site is a priority candidate for redevelopment/revitalization on Clearwater Beach.
o The Community Development Board (CDB) approved applications for flexible development approval and
transfer of development rights for this site on December 14, 1999. The redevelopment plan includes 157
dwelling units within two 145-foot towers, to be built in two phases. The COB also recommended
approval of the vacation of North Gulfview Boulevard right-of-way.
o The development agreement outlines specific City and developer obligations that are designed to further
Clearwater's goals of improving the character of the area and promoting private sector development on
the beach. The City's obligations, generally, include expansion of sidewalks, upgraded landscaping,
relocation of utilities, and construction of cul-de-sacs, as well as assistance with previous legal settlement
and acquisition of adjacent commercial parcels.
" The proposal is in compliance with the standards for development agreement and is consistent with the
City's beach redevelopment strategies.
e The Community Development Board will review the development agreement at a special meeting on
January 19, 2000 and make a recommendation to the Commission. Staff will report the recommendation
at the City Commission meeting.
o The City Commission is to review the development agreement, the recommendations of the CDS and
Community Development Coordinator, and public testimony, and approve, approve with modifications or
deny the proposed agreement. The Commission is required to determine whether the development
agreement is consistent with and furthers the goals, policies and objectives of the Comprehensive Plan.
Public Works
DCM/ACM
Other
N/A
N/A
N/A
Ol'iginating Dept.:
Planning and Develop.
User Dept.:
Planning
Attachments:
staff Report
Development agreement
Fact Sheet
Aerial photograph
Location map
Zoning atlas map
Costs
Reviewed bY~:
Legal
C7
Budget N/A
Purchasing N/A
Risk M~mt N/A
Info Svc
N/A
Funding Source:
Cu rrent FY CI
OP
Othe
r
SlJbmitted by
City M anage~
o None
Appro riation Code:
U Print..-i nn r...."',.I..-i n2nor
. " : I ~ .'. ~. " . ! "" ' .' i \ r .' f '" . ;' l~ ' '. . . . ' , . _ ",(
RESOLUTION NO. 00-12
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE ATTACHED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF CLEARWATER
AND MANDALAY BEACH CLUB, LTD., A FLORIDA
LIMITED PARTNERSHIP; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Clearwater. is desirous of entering into a development
agreement with Mandalay Beach Club, Ltd.; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Development Agreement between the City of Clearwater and
Mandalay Beach Club, Ltd., a copy of which is attached as Exhibit A, is hereby
approved.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 2000.
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
~CL:.P~~
Leslie K. Dougall es
Assistant City Attorney
Attest:
-
Cynthia E. Goudeau, City Clerk
Resolution No. 00-12
~,'.'l
J. .'.' . ". I. .. ("~,. I '""." ......~:.l'. .",..:', :~ \~.j4.." ," ":1. '. ';"'.1(":"''''''":' J""~ .,.
COB Meeting Date: Januarv 19.2000
Case Number: DA 99-10-18
Agenda Item: C I
CITY OF CLEAR\VATER
PLANNING AND DEVELOPMENT SERVICES ADl\1INISTRA TION
STAFF REPORT
BACKGROUND INFORMATION:
OWNER:
Mandalay Beach Club. Ltd.
REPRESENTATIVE:
Edward Mazur. Jr.
LOCATION:
10 Papaya Street and II San Marco Avenue
REQUEST:
Review of. and recommendation to the City Commission on. a
de\'clopment agreement betwecn the Mandalay Bcach Club. Ltd.. and
the City of Clearwater.
SITE INFORMATION:
PROPERTY SIZE:
1.63 acres
DIMENSIONS OF SITE:
North Gulfview Boulevard currently divides the site.
East portion of the site: 100 feet by 363.81 :t.. feet
West portion of the site: 100 feet by 3-t6.9'" ! feet
PROPERTY USE:
Current use:
Proposed lIse
Mixed-use residential and commercial
Attached dwellings
PLAN CATEGORY:
RFH. Resort Facilities High classification
ZONING DISTRICT:
T. Tourist District
ADJACENT LAND USES:
North: Majcstiks: rental apartments/motel
South: Hilton Hotcl/various commercial businesses ground floor
East: Commercial/office uses: five vacancies
West: Gulf of Mexico
CHARACTER OF THE
IMMEDIATE VICINITY:
The immediate vicinity IS dominatcd by commercial. resort and
residential uses.
ANAL YSIS:
The site is 1.63 acres locatcd between Papa)'a Street and San Marco Avenue. on the east and west sides of North
Gulfyicw Boulevard. It has been devcloped with a mixture of II commcrcial and residential structures built .to-50
years ago.
Thc City has identified this site as a priority candidate for redevclopment and rc\'italization for Clearwater Beach.
The Community Dc\'clopmcnt Board approved applications for flexible development approval and transfer of
Page I
',-{-
development nghts (TOR) for this sitc at its December 14. 1999 meeting. The proposal includes the
rcdc\clopment of the site with 157 condominium units within two towers, The existing structures will be razed
and the new units with amenities plus undcrground parking will be built in two phases.
This request is for review of. and recommendation to the City Commission on. the dcvelopmcnt agreement that
sets forth the public/private development obligations, The City recognizes the economic and aesthetic benefits that
will result from the private devclopmcnt. The City's obligations will provide needed public improvements to the
perimeter of the development area, They include:
· Expansion of sidewalks to at least 10 fcet. on thc west side of NOIlh Mandalay Avenue:
· Installation of street trces and landscape median on North Mandala} Avcnue (consistcnt with thc roundabout
landscapi ng):
· Relocation of ovcrhcad utHit), lines along North Mandalay A vcnue. Papaya Street. and San Marco A vcnuc:
· Repaving and construction of cul-de-sacs at the western tenninus of Papaya Street and San Marco A vcnue:
· Cooperation in modifying a previous settlcmem agreemcnt to increasc thc hcight of proposed buildings from
80 feet to 145 fcct:
· Transfer of development rights to pennit up to ]57 dwelling units on site in exchange for an cqua] number of
rights to be transferred from the applicant's Meridian (on Sand Key) property (COB approved on December
14. (999):
· Assistance in remodeling/rcdeveloping or acquisition of the commercial parcels in future phasc III (west sidc
of North Mandalay A vcnue). upon rcqucst by the devcloper:
· Considcration of vacation of North Gu]fvic\\ Boulevard. from San Marco Avenuc to Papaya Street (COB
recommended approval on Deccmber 14. 1999 and the City Commission \\ill consider on January 20. 2(00):
and
o Pennit processing for an on-sitc sales office (completed),
Under thc provisions of Section -t-606 of thc Community Dcvelopmcnt Codc. the City Commission may cnter into
development agrcements to encourage a stronger commitmcnt on comprchcnsive and capital f.1cilities planning.
ensure the provision of adcquate public facilities for dcvelopment. encourage the cfficient use of rcsources. and
rcduce the economic cost of dcvclopment. The Legal Department staff has revicwed and endorscs this agreement
and the Cit), Commission has cndorsed in concept. The Community Dcvelopmcnt Board is required to rcview the
proposed devclopmcnt agreement and make a recommendation to the City Commission.
SUM:\I.-\RY AND RECO:\I:\IE:"iDA TION:
The applicant has worked with starr oyer the past sc\'cral months to provide an attractive. \\cll-designed
development that will enhance the local area and City as a wholc. The dcvelopmcnt will further the City's goals of
improving the character of arca and promoting pri\'atc sector invcstmcnt on the beach,
The proposal is in compliancc with the standards for dcvclopment agrccment and is consistent with thc City's
beach rcdevelopment strategies. The Planning Staff recommends appro\'al of thc dc\'clopmcnt agrecment for the
Mandalay Beach Club project at 10 Papaya Strcet and II San Marco Avcnue,
Pagc 2
Preparcd by: Lisa L. Fierce. Dcvclopmcnt Review Manager
Assistant Planning Director ApprO\'al: ~
;u,~-
Planning Director Approval:
A IT ACHMENTS:
Aerial Photograph of Site and Vicinity
Location Map
Future Land Usc Map
Zoning Atlas Map
Application
s (. [) fI FLE..\ 'flll,.,.'1I\ ~ or FIfIl1h,dAl'l'hr<lI,mU .\(.m.!,.I,,\ [I,...." ("I..t. . A
..,')
.rO.' ~ '1"~'."""":'1"".11 ~:t:'."":.LI.'<, ';....1 '<''44-:':',> r.~'....;:t'./....-(\.~ l~t,., ..t~;:'._:h.~..,"_~;~"'{\'{'~:':'/~,~..,'!..,r/:-::.,~,~.\-,P.<.';."'I.,,"'Y'<.l ',~, .;, "(:'~'.'_';. ',./_..... :''';_' 'i~ '_,;,.;;.
JAN-04'-2000 09: 51
CITY ATTORNEY'S OFFICE
7275624021 ~.~l/~c
"rl If-) , """,-
..-",
,. --. .:.:. .~. _~~ . \'f,ro, posed R~~evelopment
\\ 6) :~ ._~' \ L),' , Clearwater Beach
\\ ' ,...', 0. rL~u~ ,'_'~ \ By
\\Un ~\_.... ~.. '\ fC Communities
\' \ \.. ~~,.-\~
. 0....' It: lOr- .,-
. r.& L~-
. ,'~\N"l ,,..cS
c:' :.. '~. ....r;\J,.'..'C- ict:\
~~.. S>;.I. P\'J~c..
r CltP-, ,.
0\'< 0
~
17)1Zl5
0/1:;-11 A'~
Fact Sheet
City of Clearwat<<s RedevdQpmeot Goals. As part of. the City of Clea.tW'atei's Strategic
Redevelopment Plan for Clearwater Beach, the City is committed to implementing sound
public/private redevelopment opportUnities that will serve as a catalyst for furore sustainable growth
and redevelopment.
.!Me Conununities. JMC Communities is an a'NUd-winning Pinellas County-based developer
committed to environmental excellence and architectural beauty. The company was founded in 1972
by J. Michael Cheezem, a St. Petersburg native and second-generation builder. JMC Communities
employs 135 local residents, and is a full service development company. We believe that by controlling
all aspects of the development process... from land planning"f to construction... to sales... to
management, we can achieve a level of consi~tent quality and service which might not othernise be
possible. Since 1972,JMC Communities has built over 3,000 quality condominium homes on the \VC$t
Coast of Florida with a total sales value of approximately $500 million.
JMC Communities has collected many awards throughout the years for superlative architectural d~sign,
corrununity beaurifica+ion and environmental excellence, including the 1998 Builder of the Year award
from the Contradorr and Blfildm AJfOa'ali01t, the 1997 Community Beautification award for the Bacopa
Bqy community, the 1994 Environmental Excellence Award of Merit for the Dolphin Ccry community>
the 1994 Grand Prize/Designing with Natives award for the Dolphin C'!J community, the 1994
Builder's Choice Design &: Planning award for Cat's Poillt Pmilion, Dolphin Cay, and the 1992
Environmental Excellence award for the Dolphin C~ community.
r
\,.
~catiOQ. The proposed redevelopment is on Clearwater Beach, between :Mandalay .Avenue and the
Gulf of ~Iexico, bordered by Papaya Street on the South and Sm :\-larco Street on the North.
project Overview. Mandalay Beach Club, Ltd., a JMC Communities company, proposes to redevelop
a one block area On Clca.t'W'ater Beach which has been designated by the City of Clearwater as a
redevelopment! revitalization area. The Proposed Revitalization Program consisrs of three phases.
Phases I and II would incorporate the construction of a condominium resort community in two
buildings located on the Western portion of the site called the MandaJay Besch Dub. 111is efforT
would include the teardov.m and removal of eleven structures built primarily in the late 1950's and early
1960'~. The two new buildings, each thirteen stories plus parking, will have a combined total C?f 157
condominium units. Unit S12CS will range from 1,300 square f(!l't to ?,OOO square feet. Amenities Will
include an approximately 7,000 square foot (C Beac7i"CiHb", Beach Poo~ Fitness Center, Cabanas) and the
addition of extensive beach vegetation. Initial prices of the condominium units are anticipated to range
from $275,000 to $475,000. .: ,.;' :. .
7671
Phoile .
Phone 1/
'"
-
-,.._~
~---- - .__. -- - -- F~x II
Fa.>: II
r, _...-.. /
cl2!'d It:llOl
I;
Phase III, the tlCOl1mttrrial Phast," consists of remodeling and/or rebuiJding the existing commercial
parcels located directly on ~tandalay Avenue. The completed redevelopment of this phase would
provide a nevI e.xterior fa<;ade with an ardlttectural style and character complimentary to the residential
devdopm~t. The total combined square footage of the Commercial Phase would consist of up to
32,000 square feet. At present, the property for this phase is not under the control of the developer.
Economic Impact. The current assessed v-alue of the subject property is $4.8 million. Th~ rna,(ket
value of the proposed redevelopment is $70 milli.o~ and the estimated increase in the tax base is $54
million. The additional total property we revenue is. $1.2 million per yeart and the additional amount
allocated to the City of Clearwater is about $300.000 per year. Estimated increase in the annual
household spending to the area is $2 million per' year, and the one-time construction impact of $70
million will result in wages generated of approximately $15 million.
.
Besides bringing 157 new households and their guests to Clearwater Beach, the Mandalay Beach
development will be a catalyst for future development in the area, and will provide significant support
to existing and future shops and businesses on Clearwater Beach.
~ty's Obliga(i2n~. The Citis obligations under the redevelopment plan would entail the vacation of
right.of-way of North Gulfview~ bet\Veen Papaya and San Marco. The City would also undertake road
and sidewalk improvemenrs within the public rights-of-way, along l\Jorm Mandalay, Papaya and San
Marco, inducting:
· Expanded sidewalks on the West side of North Mandalay, at least ten feet wide.
· Street trees installed on North Mandalay, along with a landscaped median.
· Relocation of overhead utilities.
· Upon request by the Developert to provide assistance (amount yet to be determined) to
remodel/redevelop the commercial parcels in Phase II~ or to provide assistance acquiring these
parcels. Whatever as~istance is provided by the City would be repaid through additional tax
I.'evenu~ generated by the redev-elopment. If such additional ta.x revenues were insufficienr, the
Developer would make up the difference.
· 1be impact fees generated from the project will significantly defray the cost of the City1s
obligations. I. I' r I' ~ t\ 11\._ 1. .. l'
. C; + \)l',\t tOoetJ\l\~ '\t.3 ~'t.tAL-I,.l~ Y'n~l't"\\At\ 1i\.J 0\ '"'- ~t,q ~ ~.)(~ "..D
~ning.i The project as planned falls within the requirements of the City's Land Development
Regulations, and no variances are needed. In this redevelopment district, a building up to 150 feet in
height is allowed, ~-ith a transfer of development rights from anomer parcel. The density of 157 units
planned for- Phases I and II are calculated as follows:
2.03 acres at 30 units per acre, for a total of 61 units;
- an additional 87 unit) is entitled to the property through a Settlement AgreClnent with the City of
Oearwater and the previous property owners;
- An additional 9 units is achieved by a transfer of development rights by the City in exchange for an
equal number of development rights from the Developer.
OC.1~\t "~~.s\-t \~ ~c...-t.i;J~ of ~o +'J -1\)-" .... - \ r ..~tr", . - w_:\
, f ~ ~~ d(M~.\h'(.v.J,...~1'~
. C.i, w" \\ l.I)'<\~'\cL.f \I i\ut\;o'-' 0 ~ I~~ eo 'I J ~ - J " ..' il i I
r II-Q A'1 ft- r S 'IlJ l\,., r Ul
,
-
\ \
Ui ....
L .
PLANNING & L;f:'.:.i_~>'''~ "
SERVlCES
CITY or CLr .\;-.:, :.:;::::'
:C' /?8 . c! ::~-:as~.,:: ;'.
~): ::l-Jr'i c::. I ::":~" ~ :~. I 1 I.,
:.: ::::' :-;.C',.....-:- _..... :-'_"1'-1 r
~, :'
..
c
I
I
f
j
~
NORTH 10
1"=200'
I'
)
{
f'
i
,
Aerial Map
MANDALAY BEACH CLUB LTD
PAP A Y A STREE T, 11 SAN M ARca STREET
DA99-12-01
.
..
..
.. ,
,
,
,
t
,
t
t
t
~
,
..
. I. ,,' . "" .". ;..' . '\ >
,
t
,
.
1~at!V:i}) CITY OF CLEARWATER, FLORIDA
(J ~
~~~ PUBliC WORKS ADILINlSTRATIDN
~~~.~ ENGINEERING
. . .. . ,- . '.^ ' . . " T '. . ~. . 1 . ' .." " , ..' ,. T " .' \' . I I.. ". '.' '! ~ . ' , .' I
~ Location Map
~ MANDALAY BEACH CLUB LTD
NDRTH 10 PAPAYA STREET, '1 SAN MARCO STREET
,"= 1 320' DA99- 12-01
i
~
J
~
IlR
~
~
BAY'5IllE
~
~
~
~
0~ CITY OF CLEARWATER. FLORIDA
r~"'?;~'1 ~~)
l? ~ 6 PUBLIC WORKS ADMlNISTRATlON
l.~ - <t
~rfR .~/ ENGINEERING
--Nil"
\,/c
( . , ,'~ ". J ~ '\ I ." " ',~, , , ,<" , t# , : '" " ., -~l I .' . ~:~ ,"
100/ M ]
--
~~
~ I ;a _ _ 1 So 1- __58 ~' 80
~ 1. ,,~ 2 - ,!!!..5 }55 59 7-
J " . -...... 3 "9 - J 0+ SO r ~
OJ 01 0) '- ~ - 1490
l(l Cl?,:........- '- 53 1I1T--
d a: ~'''' 5 ~ 489 52
~. 0 ii).y"" 112 J -
;i _ a3 ,6 C ---..L 51 53 1.(84
:I 1i _ 7 -- ::> --J... 50 _ -- _
0122 '01f _8 -- i!i - 49 115 -r
g ~ ~ -- '- 4ll l.~e6 r
~ :f _~ '- /47 " 67 1 -
01 - ___ 11 /46 -, 118)
.. /7 f ~ 12"W c:- /45 -69T-
~ I 1.r 1 -1.... I '7of -
SAN MARCO 4J I 71~
L ... ~ ST. 0--
~::: ".. 14::-r-.-- It)
, CI ~ .... , J - :it I ~ 4..
~C118'U:..L'5 &U~-- 7:2-1~
o"f ~ " S ~ 41 73 ...-: ~
Cl. ~ ~ 17 - I.L ~5 40- <.......; ~
... 'Y -J -163 74 48.,
o. iL~ 18 ~ =>....;; 39 75 T:-=-:
.. 8_,_, ~" ._ 1482
0>...,.~..'9 - - - "'" 78 r ~
CI....~In-./2n: -ISS.L37 -160
~ iir- u:v<tS6 ~ n --458
.....~ .s:I }21 - - / 36 18 -:t=
- r;' I I 35 58
t I ~ 2.24S0 ~5 79 ..-,,'5;
0.-.,:..... 2:r -, ....;: 'J3~ :::-,
I e~.;.;;: 80.."52
Q. ai, ~ 24.,;;;g - J3~ilI 81 f.(60
. - 2 ~3"""Q;'.:r 82~
. -1,,</ _ -'310 al~
. -1.(2 L-L30 ..... U8
.("0 I ~ ~ .... "4", .(-R"f
..
~APAYA
If)
2091-36
,(99 ..~ ;; ~ ~ ~ ~ I 60
ft9~~44 ~1Il.. 1
43" ""- I
42J1' ~ 2.
~-41 ~
~.... ~ E-i " "
83~:'J9 _ ~ ~4J <I
J8~ ~ Ii:: " .('
37 ~ u: '--
JII ~ 18 00Cl 5
-
35~ ~ 8
J4 ~ 4'10
J3 ~ "-" 7
J2~ ~
J',...~ ~
30 IS ~64
211 tl:' :;?J
28( ~9
~. !!=i.o
~ ~11
4550- 24 ~
453CZ.'i 2.3 ~~
4S1 E- 22 ~o.. 2
U9~ 21 ~~ 1.3
U7^- 20 ~ 454
U5~ 19
443r:z. 18
441:- 11 ... I
80 ,"39~161 15 I
~ STREET r.u
92 437 ,.... tol :!?
435 2 ~ 42... .. 1
:::: 41 432 I //2 43l
>- 4P.9 5 1 ~J
~ 6,:;.;.4<)
i ::: ~ ~ 311 , "428/
:E ';;;: ,90 -: JIl I 1429.; 426
;~~ ~1~1 ~ / V) 6
413 13 / - ~ <' 7 422
41t '.'A' I E ~_
409 15\;;1 --' W ~
40"1 16 4.. ~':> fI) 423.4 8
405~ ~ ~
34 406 V 9 Q
~ 18 I Q. C
,(01 / 19 33 I ~O 408 ~
399 20 r.J::: -, I
~ 21 /;.';) ~2 I I I
I
m /~!
I iu ~
o r~
BAYMONT
.1..:7
OT $30
-"'0 ~
. II
~
'IIi !!;
(
...
VAl.;., ~ ;( '\I"~_
J--aoo-
-i
~
:i
~
.
FOUR SEASONS
LANDINGS CONDO
101-35
r
)
: I
~
~4.-1B57
o
.,.
Si;
-~ An'
J
..
r
I T
~
L.,7'-2128 ....J
J
/ ..
r" 23/01
<130
,..,
&1
-
I
..,.
It)
o
IQ
400 I
DEVELOPMENT AGREEMENT REQUEST
OWNla:
MANOALAY BEACH CLUB LTD
ADDRESS:
29S
ZONING
T - TOURIST
10 PAPAYA STREET
ATLA8 PAG&: 267A
SIC:
8
COMMUNITY DEVELOMENT BOARD
UJ
:::J
~
<'
:1
- ~
.,
-
14
-.to
..
I Co
-:..c
l1Q
il-;;
45 !."'-i
It)
1@~
~
4.
.. ..",,/
CASE DA99-12-01
IANGl: 15E
DA 99-01.dwg
Prepared by: EA- Public Works Adm inistration
,J . 1 I, ",', I .. I.' ", . ,'. > ,1 \. - - ~ '~ ~ . 1" ~. ,/;.':J . ~ . j " . f l'
"' .La au M~
00. T~
0
No ~
. ~,
A,
\I)
8A YNONT Ul
Q) 80 60
co
'"
-
,
.
01
.J co
I--ao. ~
x . LIJ
:E .::J
~
<'
47
/
~
"
rlt
T
,..,
I{'J
~
I
.
II')
o
lD
>-
:) J
'<
0 4 4R8
~ 429
~ !l
42.6
6
<
E
~
Z L
C5 9 ~
Q..
iJi
FOUR SEASONS
LANDINGS CONDO
101-35
e054-1 e~7
p
430
5271-2128
23/01
400
DEVELOPMENT AGREEMENT REQUEST
OWNER:
MANDALAY BEACH CLUB LTD
CASE DA99-12-01
ATLAS PAGEs 267A
SIC:
8
29S
IANGI: 15E
ADDRESS:
10 PAPAYA STREET
ZONING
T - TOURIST
COMMUNITY DEVELOMENT BOARD
DA 99- 01.dwg
Prepared by: EA- Public Works Administrati'Jn
( ( t , . . \.' 'v, ", . ~ \:. ~ ' , .' " ,,# ~ , . '. ' : ,
J
II~/
SA YMONT
L - I ~~ ~ J-I
'- : ~-j T-
- ~ AI"
~:-t - _ _g-
~.C ~j-.~ l&J ~
;ia 7-~ ::) ~ 141
aJ =- -.:--- '=::- _,F ~!e" -~:;)
Ls~1 l-T ----.I s,J-/ < I 'V ~~- I ~ -
LJJt1 1 _, / h9 <
~. - L 7~7 f ., I -
La - ~ r -f-...J1iJ ",
I T .:1 c-c- -=-~
L 7AN MARCO ST.:J.. ~
., I-.. __ -....-
: I-J - ~ I- - ----,
'Ft'- I-.. .. t----.r:L
I ~ _:&-- ...--
:'- ~- --
· ,---" -;:) - r -
· - C) '- _ '---r--
: =r-- "- r -j-
:-L- ,-I ~_
: _I - - 1 L!t.-
I : ~f-':: -b ~~
: -2:~_
II "'1::---
: ~
. / I," -_J
..
PAPAYA
-
~.
/ /
/
~
1~
C~
I
I
, /
,
/,
-
N
.'Y
-~
~
~
-i
~
----
7
~ ~
~ -~
AV
!:::l ~I
___v
l$-
.. f I
/
STREET
/ , I I
1
~ .~
.~
~. ~. ..
..,
r
I
r
/I. -,
~;t
1J1N
I~
>-
:s
<'
o
z
<
::r
~
"..
L
~ / -
~"rA
A..'" \;.,/
A1 'f<
.
-,
~~
~ ~
~ I ~
I
I
I
,
I ,
EXISITING SUIlIlOUNDING USES
OWNER: MANDALAY BEACH CLUB LTD CASE DA99-12-10
ADDRESS: 10 PAPAYA STREET, 11 SAN MARCO STREET I ZONING T - TOURIST
ATLAS PAGE: 267A I SIC: 8 I TW': 295 IIA-NGI: 15E
COMMUNITY DEVELOMENT BOARD
DA 99-01.dwg
Preoored bv: EA- Public Works Administration
~...""'I'
"J'.'
;.:;, ." .~'.;. :, ...., I'" .-: ,; T'
'.~
- .. . ,. ~ /,...,. ".. ,. ,> .;., ~.'.",' .'.
LAND ASSEMBLY ASSISTANCE
AND REIMBURSEMENT AGREEMENT
CITY OF CLEARWATER
BEACH REVITALIZATlONIREDEVELOPMENT AREA
o
between
THE CITY OF CLEAR'VATER, FLORIDA,
and
MANDALA Y BEACH CLUB, LTD.
Dated as of
, 1999
ARTICLE 1.
TABLE OF CONTENTS
DEFINITIONS ............................... ......... ............................ ..... . . 2
. . ..........
Section 1.0] Definitions........ ......... ...................... ................ ...................... ... ... 2
.............
Section 1.02 Use of Words and Phrases ........................-......................... ......... ..... ........4
Section 1.03 Florida Statutes ................................................................................... .....4
Section 2.01 Purpose of Agreement............... ........................................ ....................... 4
Section 2.02 Proposed Project......................................................................... ............. 4
Section 2.03 Cooperation of the Parties........................ ......................... .............. ......... 5
ARTICLE 2.
ARTICLE 3.
Section 3.01
Section 3.02
Section 3.03
Section 3.04
ARTICLE 4.
Section 4.01
ARTICLE 5.
Section 5.01
Section 5.02
Section 5.03
Section 5.04
ARTICLE 6.
Section 6.0 1
Section 6.02
Section 6.03
Section 6.04
Section 6.05
Section 6.06
Section 6.07
Section 6.08
Section 6.09
PURPOSE AND PROPOSED PROJECT ............... ...... ................:...... 4
REGULATORY PROCESS.. ............. ....... ................................ ............ 5
Land Development Regulations ....................................................... ......... 5
Development Approvals and Permits .............. ....................... ...... ............. 6
Concurrency.................................................................................... .........6
Not a Development Order or Permit .. .......... ................... ............. ............. 7
PLANS AND SPECIFICATIONS ............... ............ ............. ................. 7
Preparation of Plans and Specifications.... ........................................... ...... 7
PROJECf DEVEWPMEN"f............... ...................... ..... ....... ............... 7
Ownership of Project Site..................... .......... ................... ............. ..... ..... 7
Project Site.......................................................................... ...... ......; ........ 7
Land AssemblylRedevelopment Assistance ... ................ ................. .......... 8
City's Obligations........................................................................... ........ 10
PROJEeI' FIN'ANClNG ...................... ....... .......................... ...... ......... 11
. fPr' F' . C'
Notice 0 oJect mancmg to tty .........................................................11
Copy of Default Notice to City ................ ...... ................................. ........ 11
Assignment of Rights Under Agreement To Project Lender ....................11
Notice to Project I..ender .......................................................... ...... ........ 12
Consent of Project I...ender ........................................................... .......... ) 2
Estoppel Certificates....... ............................................................. .......... 12
Cooperation.................... ............................. ............................ .............. 12
Reinstatement by Project Lender.................. ................ .............. ............ 12
New Agreement ..................................................................................... 13
ARTICLE 7.
CONSTRUCTION OF THE PROJECT ............................................. 14
Section 6.10 Transfer of New Agreement .................. .......................... .......... ............. 13
Section 6. 11 Survival.. .., .. . . .. .. . .. .. . .. . . ... . ... . . .. ... ... . .. . ......... ... . . . .. . . . . ... .. . .. . ...... .... ... 13
.. .........
Section 7.01 Protect Site.................. ........ .............. .................... ................ ... 14
'.J ...".................
Section 7.02 Constnlction of First Phase of the Project ..............................~................ 14
ARTICLE 8. INDEMNmCA TION..................................... ........ .... ..... ........ ..:..................... 16
Section 8.01 Indemnification by the Developer ...... ................... ........... ....... ......... ........ 16
Section 8.02 Indemnification by the City ............... ...................................................... 17
Section 8.03 Limitation of Indemnification..................... ................ ............................. 18
ARTICLE 9.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
DEVEWPER......................... ..................... ......................................... 18
Section 9.01 Representations and Warranties............ ............. ..... ......... ............... ........ 18
Section 9.02 Covenants.................................. ........... ..................... ............... ..............20
ARTICLE 10.
REPRESENTATIONS, WARRANTIES AND COVENANTS OF THE
COY .. ..... tt.......... ... ....... III ... ,.... ,.,.. .t. ...... ... ... ........................ .... ... .,. ........ ..... .........20
Section 10.01 Representations and Warranties .......... .................. ............. .....................20
Section 10.02 Covenants.............................................. ....... .......................................... 21
ARTICLE 11.
CONDITIONS PRECED ENT ...... ............................... ............ ...... ...... 22
. 1 A .. Pr. S'
Section 11.01 Deve oper cqwnng oJect rte.... ...... ............... ........... ...... ......... ......... 22
Section 11.02 Responsioilities of the Parties for Conditions Precedent .......................... 23
ARTICLE 12.
DEFAULT; TERMIN'A nON ..................................... .......... ............... 23
Section 12.01 Project Default by Developer. ........................................ ............. ............23
Section 12.02 Defauh by the City.................................................................................. 25
Section 12.03 Obligations, Rights and Remedies Cumulative......................................... 26
Section 12.04 Non-Action on Failure to ObseIVe Provisions of this Agreement .............26
Section 12.05 Termination.............. ............ ........................... ....................................... 26
Section 12.06 Termination Certificate.. .... .............. ............... ........... .... ............. ............28
ARTICLE 13.
RIGfff TO CONTEST ............... .............. .................. ............ .............28
Section 13.01 Right to Contest. ..... ......... ...... ............................................ .... ................28
Section 13.02 Conditions......... ....... ........... .......... ...................... ......... ..........................28
ARTICLE 14.
ARB rrRA 1'10 N ................................................................................... 29
Section 14.01 Agreement to Arbitrate............................... ....... ..................................... 29
Section 14.02 Appointment Arbitrators......................................................................... 29
Section 14.03 General Procedures...................................... ........................................... 30
Section 14.04 Maiorinl Rule . ........ ................................. ......... ................ ....... ... 31
'J .'.J .............
Section 14. OS Replacement of AIbitrator ................. ..................................................... 31
Section 14.06 Decision of Arbitrators .... ......... ... ... ...................... ...................... 31
............
Section 14.07 Expense of Arbitration....................... ...... ............................................... 32
Section 14.08 Accelerated Arbitration........................................................................... 32
Section 14.09 Applicable Law............... -....................~.................................................. 32
Section 14.10 Arbitration Proceedings and Records....... ...... ............. ............... ............. 33
ARTICLE 15.
UNAVOIDABLE DELAy................................. ......... ......................... 33
Section 15.01 Unavoidable Delay..................................................... ............................. 33
ARTICLE 16.
FIRE OR OTHER CASUALT\:'; CONDEMNATION....................... 34
Section 16.01 Loss or Damage to Project .;................................................... ................ 34
Section 16.02 Partial Less or Damage to Project........................................................... 34
Section 16.03 Project Insurance Proceeds............... -..... .......... ............ ................ ..._ ......34
Section 16.04 Notice of Loss or Damage to Project ...................................................... 35
Section 16.05 Condemnation of Project or Project Site; Application of Proceeds ..........35
ARTICLE 17.
l\fISCELIANEOUS....... ............. ............................... ..........................35
Section 17.0 I Assignments ............ ...... ................................... .......... ...... .......................35
Section 17.02 Successors and Assigns................................................. ...... ....................36
Section 17.03 Notices............................................................................ .......................36
Section 17.04 Applicable Law and Construction ...........................................................37
. S b .. J._..:....J:.
Section 17.05 Venue; U DUSSlon to LLU~WctJon...........................................................37
Section 17.06 Estoppel Certificates..... -........................... -.............................................37
Section 17.07 Complete Agreement; Amendments.............. ......... .......... ......... .............. 38
Section 17.08 Captions.............. ... ...... .......... ... ... " . ... ................ ... ... .......... ... ... ...... .... ... . 38
Section 17.09 Holidays............. ...... ....... ............................................ ... ........................ 38
Section 17.10 Exhibits..... ......... ............................................................ ........................38
Section 17.11 No Brokers... ......... ................................................................................. 38
Section 17.12 Not an A.gent of City ..............................................................................39
Section 17.13 Public Purpose........................................................................................ 39
Section 17.14 No General Obligation. -.......................................................................... 39
Section 17. 15 Technical Amendments; Survey Corrections......... .......... ........................ 39
Section 17.16 Term; Expiration; Cenificate ..................................................................39
Section 17.17 Effective Date.............. -.. ........................................................................ 40
Section 17.18 Approvals Not Unreasonably WIthheld .......................................................
This wd Assembly Assistance and Reimbursement Agreement (the · Agreemeut-) is made as
of this _ day of , 1999, by and between 1HE CI1Y OF CLEARWATER, FLORIDA, a
public body corporate and political subdivision of the State of Aorida (the "City"), and Mandalay
Beach Club, Ud., a Florida limited partnership eCOeveloperN).
WITNESSETH:
WHEREAS, the City of Clearwater has embarked on a community reviul1:tatioo effonlmo9Y1l
as One City, One Future;
WHEREAS, one of the major elements orOlle City, One Futzue is implementation of the
Strategic Redevelopment Plan for Clearwater Beach;
WHEREAS, the Strategic Redevelopment Plm for Clearwater Beach identifies certain lands
for assembly and priority redevelopment;
WHEREAS, the City has enacted a Land Assembly Assistance Ordinance, Ordinance
No.64 I 0-99 which provides for the use of the City's power of eminent domain to complete assembly
of land when necessary to carry out community redevelopment;
WHEREAS, one of the areas identified for assembly and priorit)' redevelopment as a unit in
the Strategic Redevelopment Plan for Clearwater Beach is the area bounded by North Mand.1layon
the East, Papaya on the South, San Marco on the North and the Gulf of Mexico on the West
(''Candidate RevitalizarionIRedevelopment Area");
WHEREAS, Developer has entered into contracts to acquire a significant portion of the land
located within the Candidate RevitalizationIRedevelopment Area);
WHEREAS, Developer proposes to develop the land located \\itb.in the CandicL1te
Re\oitalization/R.edevelopment Area in accordance with the goals and objectives of the Strategic
Redevelopment Plan for Clearwater Beach;
WHEREAS, it is necessary that the City take certain actions in order to make it pOSSIble for
Developer to develop the land located within the Candidate RevitalizationIRedevelopment Area in
accordance with the goals and objectives of the Strategic Redevelopment Plan for Clearwater Beach,
which actions include the construction of cenain public improvements including street and sidewalk
improvements and beautification;
WHEREAS, at a duly called public meeting on , !be City Commi~on
approved this Agreement, and authorized and directed its execution by the appropriate officials of the
City. and
. ,
, Page 1
SMC\Of:1erOe:alwaar 4r'c.atWlC
Page 2
maar, .r Cearwater Aueemeac
WHEREAS, the Board of Directors of Developer Jus approved this Agreement and has
authorized certain individuals to execute this Agreement on its behal.(
NOW, 1HEREFORE, in consideration of the mutual promises and covenants contained
here~ the parties hereby agree as follows:
ARTICLE 1. DEFIN1TIONS.
1.01. Definitions. The terms defined in this Article I shall have the fonowing meanings except as
herein otherwise expressly provided:
1. "Agreement" means this Agreement for Development and Acquisition ofPropeny including any
Exlubits and any amendments thereto.
2. "Candidate RevitalizationIRedevelopment Area" means the area bounded by North Mandalayon
the East, Papaya on the South, San Marco on the North and the Gulf of Mexico on the West.
3. "City of Clearwater RevitaIization/RedevelopmeJ1t Area" means the land located 'Within the
corporate limits of the City having buildings which are dilapidated, obsolete and blighted as
defined in Part ill of Chapter 163 of the Florida Statutes and 'Which was designated as a
Candidate RevitalizationlRedevelopment Area by the City Commi'SioD pursuant to Ordinance
No. 6410-99 by Resolution Number 99-38 approved on August 19, 1999.
4. "City" means the City of Clearwater, Florida, a Florida municipal corporation.
5. ~'Cit)' Comml,-sion" means the governing body of the City.
6. "Commencement Date" means the date on which Developer commences or causes a Contractor
to commence construction of the FITS! Phase of the Project (see Section 7.02(a)).
7. "Commercial Parcels" means those parcels for which Developer requests land assembly/
redevelopment assistance (see Section 5.03), which are more panicularly descnoed in the
legal description set out in Exhibit "A.... to this Agreement.
8. "Construction Completion" means the date a Construction Completion Certificate is issued (see
Section 7.02(f)).
9. "Controned Property" means those properties within the Project Site which are subject to a.
purchase contract in favor of Developer or an ~ffiliate or nominee on the effective date of this
Agreement (see Section 5.01) which are more panicularly described in the legal description
set out in Exhibit "B" to this Agreement.
10. '1>eveloper" means, for the purpose of this Agreement.. MancWay Beach Club, Ltd., a Ronda
limited partnership.
Page 3
JMC\C1)' .rCarnca- ~t
11. "Effective Date" means the date of approval and execution of th.i5 Agreement as provided in
Section 17.17.
. 12. "Exhibits" means those agreements, diagra.ms, dra\Vings, specifications, instruments, forms of
instruments, and other documents attached hereto and designated as exhibits to, and
incorporated in and made a part o~ this Agreement.
13. . ''First Phase" of development means a portion of the Project including not less than sixty-five(6S)
residential dwelling units which may be undertaken, but shaD not be required to be completed
before other portions of the Project are commenced.
14. "Permits" means aD land development approvals and consents required to be granted, awarded.,
. issued, or given by any governmental authority in order for construction of the Project, or any
part thereof: to commence, continue or be completed.
1 S. "Plan" means, the Clearwater Be.ach Strategies for Revitalization.
16. "Plans and Specifications" means, as to each part of the Project to be developed and the site pIan
for the Project to be develope~ filed with the City as required by the Land Development
Regulations for the pwpose of review and approval
17. "Project" means, collectively, the ooncept of development proposed by Developer as described in
a Petition for Land AssemblylRedevelopment Assistance dated September _~ 1999.
18. "Project Financing" means collectively the financing to be obtained by Developer for acquisition,
development and construction of the Project.
19. '1>roject Lender" means any lender providing all or part of the Project Financing.
20. "Project Site" means the land area generally bounded by North Mandaby, Papaya, San Marcos
and the Gulf ofMexioo which is more particularly descn1>ed and depicted on Exhibit "0" (see
Section 5.02).
21. "Termination Date" means the date a termination cenificate is issued pursuant to Section 12.06.
22. "Unavoidable Delay" means a delay as descnoed in Article IS hereof:
23. "Vacation of Rights of Way" means the abandonment of City owned streets within the Project
Site by the City in favor of the Developer, in order that the goals and objectives of the Plan
may be better accomplished.
Page 4
JMC\Oty or Oeu1raecr Aveemeat
1.02. Use orWords and Phrases. Words of the masculine gender shall be deemed and construed
to include correlative words of the feminine and neuter genders. Unless the context
shall otherwise indicate, the singular shall include the plural as well as the singular number,
and the word .'person" shan include corporations and associations, including public bodies, as
well as natural persons. "Herein., If "hereby, It "hereunder,.' "hereof: II "hereinbefore,. ~erein-
after" and other equivalent words refer to this Agreement and not solely to the particular
portion thereof in which any such word is used.
1.03. .lorida Statutes. All references herein to Florida Statutes are to Horida Statutes (1999), as
amended from time to time.
ARTICLE 2. PURPOSE AND PROPOSED PROJECT.
2.01. Purpose of Agreement. The pwpose of this Agreement is to further the implementation
of the Plan by providing for the development of the Project Site and the consttuction of
certain public improvements, all to enhance the quality of life, increase employment and
improve the aesthetic and useful enjoyment of Clearwater Beach and the City through the
eradication of conditions of deterioratio~ dilapidation, obsolescence and blight, an in
accordance with and in furtherance of the Plan and as authorized by and in accordance with
the provisions of Florida law.
2.02. Proposed Project.
a. Project Description. Developer proposes to redevelop the Project Site with
residential development which may also include retail and restaurant uses with related
pedestrian walkways, streets, parking and infrastructure improvements. The Project
shall be comprised of not more than two hundred (200) residential dwelling units and
not less than one hundred and forty (140) residential dwelling units in two (2)
residential buildings with a height not to exceed one hundred and fifty (1 SO) feet. The
Project may also include redevelopment of commercial uses on the Commercial
Parcels as hereafter provided. As provided for in this Agreement, Developer agrees
to carry out the red.evelopment of the Project Site by purchasing aD of the parcels
within the Project Site, which are to be developed by Developer. entering into
agreements with adjoining owners where advisable, preparing project plans and
specifications, obtaining approvals by governmental authorities nC('..essary for
development of the Project, constructing various private improvements on the Project
Site and operating the Project as a unified and integrated project.
b. Project Benefits and Public Interest. The proposed Project for the Project Site,
specifically including the acquisition of the Project Site by the Developer and the
design, construction, completion and operation of the Project, and each part thereo~
is hereby found by the parties hereto: (1) to be consistent with and in furtherance of
Page S
SMOOt)' or OUl'Wllts' Aueanea'
the objectives of the p~ (2) to conform to the provisions of Florida law, (3) to be in
the best interests of the citizens of the City, (4) to further the purposes and objectives
of the City, and (S) to further the public interest and purpose of eradicating conditions
of deterioration, dilapidation, obsolescence and blight on Clearwater Beach.
2.03. Cooperation of the Parties. The City and Developer recognize that the successful
development of the Project and each component thereofis dependent upon continued coopera-
tion of the City and Developer, and each agrees that it shall act in a reasonable manner
hereunder, provide the other party with complete and updated information from time to time,
with respect to the conditions such party is responsible for satisfying hereunder and make its
good faith reasonable efforts to ensure that such cooperation is continuous, the pwposes of this
Agreement are eanied out to the full extent contemplated hereby and the Project is designed,
constructed, completed and operated as provided herein.
ARTICLE 3. REGULATORY PROCESS.
3.01. Land Development Regulations.
a. Land Use Designation. The Project Site is designated Towist District in the City's Land
Development Regulations. .
b. Amendments to Land Development Regulations. The City covenants and agrees to
cooperate with Developer to the extent permitted by law in regard to any text or map
amendment to the City's Land Development Regulations which may be necessary in
order for Developer to carry out the Project as descnoed in Section 2.02(a).
c. Special Settlement Stipulation Rights. The City recognizes that portions of the Project
Site are subject to a Final Judgment By Consent entered by the Circuit Court of
Pinellas County in City afClearwater v. Gray, Case No. 85-4145-15 and 11zacker et
al. v. City ofC/earwater, Case No. 86-17457-16. The City agrees to honor the rights
and interests created by the Consent Decree \vithout prejudice to Developer's right to
take advantage of the less restrictive provisions which are contained in the City's
Land Development Regulations.
d. Zoning Letter. The zoning letter which is attached to this Agreement as Exhibit "e"
represents the City's official interpretation of the City's Land Development
Regulations as they apply to the Project Site as of the effective date of this
Agreement.
3.02 De\'dopment Appro\"ab and Permits.
Page 6
mao, .rcarn_ Aq~
a. Applications for Development Appro\'Ji Oe\'eloper sIL1lJ prepare and submit to the
appropriate governmental authorities, inclutlin g the Cit)" applications for aD n~sary
Permits for the Projea., and slu.D bear aD costs of preparing such appliatioDS,
applying for and obt~ining such permits and sIWl pay applicable impact fees..
b. City Cooperation and Assist ance. The City shaII cooperate with Developer in oluining all
necessary Permits required for the COIl5tl11ction, completion and sale of the
residential dwelling units camp rising the Project. If requested by Developer and
authorized by law, the City wiD join in m)' application for any Permit, or:
ahemattvely: recommend to and lll!e any governmental authority to "tich application
for any Permits has been made that such Bw1ding Permit or Permits be issued or
approved.
c. Cit)' Authority Preserved The Cit)ls duti~ obligations., or responsibilities under any
section of this Agreement, specifically includin~ but not limited to: this Section 3.02:
shan Dot affect the Cit).Is righ~ duty, obligatioll.: authority and power to act in its
governmental or regulatory capacity in accordance with applicable laws, ordinances,
codes or other bwlding regulations. Norwitbstallding any other provision of this
Agreement, any required pe(Illi(tin~ licPn~g or other regulatory approvals by the
City slWl be subject to the established procedures and requirements of the City with
respect to m;ev.' and pe1J.llin.iag of a project of a ~1~r or oomparable nature, size
and scope. In no e\"ent shall the City, due to any pro\ision of this Agreement, be
obligated to take any action conceming regulatory approvals except through its es-
tablished processes and in accordance "ith applicable pro\isions of law.
d. Impact Fees. The CiI)' shall compute the wzter and se?t'er impact fees using the same
methodology as used at the SundlineMaIl rede'\'elopment.
3.03. Concurrency.
a. Concurrency Required The parties hereto recognize and ackno"iedge that Florida law
(specificany~ PartIl, Chapter 163, Florida Statut~ and Rule 9J-5: Horida
Adnrinj~ti\'e Code, conectively the wGro9t th Management ActW) imposes restric-
tions on development if adequate public improvements are not available conCWTently
",ith that development to absorb and handle the demand on public services caused by
development The City has created and implemented I ~em for monitoring the
effects ofde'\'elopment on public senices l\ithin the City. Developer recognizes and
acknowledges it IlILlSt satisfy the concurnncy requirements of Florida law IS applied
Page 7
moat,. or Qeannter AueemeaC
to this Project. Developer covenants and agrees to comply with the concurrency
requirements of the City's regulations.
b. Reservation of Capacity. The City hereby agrees and acknowledges that as of the
effective date of this Agreement, the Project satisfies the concurrency requirements of
Florida law. The City agrees to reserve the required capacity to selVe the Project for
Developer and to maintain such capacity for a period of three (3) years from the
effective date of this Agreement and that such period shaD be automatically extended
for an additional three (3) years if Developer commences construction of the rust
Phase of the Project within the initial three (3) year period. The City recognizes and
acknowledges that Developer will rely upon such. reservation in proceeding with the
Project.
3.04. Not a Development Order or Permit. The City and D~eloper hereby acknowledge, agree
and represent that this Agreement is not intended to be and should not be construed or deemed
to be a "development order" or "development permit" within the meaning of those terms in
Section 163.3164, Florida Statutes.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01. Preparation of Plans and Specifications.
a. Responsibility for Preparation of Plans and Specifications. Developer shaI1 be solely
responsible for and shall pay the cost ofpreparing, submitting and obtaining approval
of the Plans and Specifications.
b. Use of Qualified Professionals. Developer shall retain qualified professionals to prepare
the Plans and Specifications and shall cause such professionals to prepare the Plans
and Specifications.
ARTICLE s. PROJECf DEVELOPMENT.
5.01. Ownership of Project Site. Developer is or will be the contract purchaser of the Controlled
Property within the Project Site which is more particularly descnoed in Exhibit "D" to this
Agreement.
5.02. Project Site. The Project Site consists of those properties located in an area which is bounded
on the East of North Mandalay, on the North by San Marco, on the South by Papaya and on
the West by the Gulf of Mexico as more particularly depicted on Exhibit &CD. n
5.03. Land AssemblyfRedevelopment AS5isUlnce.
a. Commercial Parcels. The City has granted Developer's petition for land assembly
assistance for three (3) parcels of land which are more particularly descnl>ed in
Exhibit .....A" to this Agreement. The City's assistance is provided for in two (2)
stages: 1) an initial effort involving Developer and City participation in public/private
redevelopment agreements with the owners of the Commercial Parcels providing for
the redevelopmentlrevitalization of the Commercial Parcels in a manner and fonn
which is consistent with the City's redevelopment/revitalization objectives; and 2) in
the event that voluntary agreements with the owners of the Commercial Parcels are
not possible and the existing improvements and uses continue to have a negative,
blighting effect on the planned and redevelopment/revitalization of the Candidate
Redevelopment/Revitalization Area, the City may be requested to assemble such
parcels using eminent domain powers and convey such parcels to Developer.
Page 8
JMOCity of ann..t~r Ar.Tt~rMDt
b. Reimbursement Terms and Conditions.
1. Stage 1 Assistance. Subject to the provisions of this Section,
Developer agrees that in the event that the City participates in land
assembly assistance in regard to the Commercial Parcels which does not
involve the acquisition of title to the Commercial Parcels , Developer
and/or respective property owners shall participate in any such City land
assembly assistance action by oontributing an amount to be hereafter
agreed to by Developer and City. In addition, Developer, as additional
consideration., shall execute a recapture agreement for the amount
expended by City which provides for twelve (12) annual payments of
additional consideratio~ the first and second pajments to be made on the
first and second anniversary of this Agreement which occur after January
l~ 2003, and the third through twelfth payment on each anniversary
thereafter. The first and second payment, shall be in an amount equal to
five percent (5%) and the third through twelfth in an amount equal to nine
percent (~~) of the amount expended by the City of Clearwater, including
attorneys' fees and costs, less the amount of real estate taxes paid in each
year by the Project to the City of Clearwater in excess of the ad valorem
taxes paid by the owners of the Project Site in the last year immediately
preceding the Effective Date ofthis Agreement, including real e',)1ate taxes
paid to the City of Clearwater by purchasers of real estate products
developed on the Project Site. (Annual Additional Consideration Payment
= 5% (9"tIo) of Excess Land Acquisition Costs less Annual Ad Valorem
Taxes paid to City by Project in excess of ad valorem taxes paid to City in
year before the Effective Date oftms Agreement).
2. Stage 2 Assistance. Subject to the provisions of this Section,
Developer agrees that in the event that the City participates in land
assembly assistance in regard to the Commercial Parcels which involves
the acquisition of title to the Commercial Parcels, Developer agrees to
pay the City, in consideration for the conveyance of the Commercial
Parcels and upon presentment of good and marketable title, an amount to
be hereafter agreed to by Developer and City. In the event that the actual
cost of acquisition incurred by the City of Clearwater, including attorneys'
fees and costs exceeds the upset amount agreed to as Developer's
contnoution, Developer, as additional consideration, shall execute the
recapture agreement 'which provides for twelve (12) annual payments of
additional consideration, the first and second payments to be made on the
first and second anniversary of this Agreement which occur after January
1, 2003, and the third through hvelfth payment on each anniversary
thereafter. The first and second payments shall be in an amount equal to
five percent (50/0) and the third through twelfth payments on each
anniversary thereafter. The first and second payments and the third
through twelfth payments in an amount equal to nine percent (9(%) of the
difference between the cash consideration paid by Developer pursuant to
this paragraph and the actual cost of acquisition incurred by the City of
Clearwater, including attorneys' fees and costs, less the amount of real
estate taxes paid in each year by the Project to the City of Clearwater in
excess of the ad valorem taxes paid by the o\wers of the Project Site in
the last year immediately preceding the Effective Date of this Agreement,
including real estate taxes paid to the City ofCleaIWater by purchasers of
real estate products developed on the Project Site. (Annual Additional
Consideration Payment = 5~'~ (9Qo) ofExccss Land Acquisition Costs less
Annual Ad Valorem Taxes paid to City by Project in excess of ad valorem
taxes paid to City in year before the Effective Date of this Agreement).
Page 9
JMc\Qty orOUJ'watl"r A:reement
3. Condition Precedent. The City and Developer agree that the
Developer's reimbursement obligation pursuant to this section is subject
to prior written approval of the Developer to any agreement by v.mch the
City participates in land assembly assistance in regard to the Commercial
Parcels which does not involve the acquisition of title to the Commercial
Parcels. The City and Developer agree that the Developer's obligation
pursuant to this section in regard to the acquisition of title to the
Commercial Parcels, shall be subject to the Developer having submitted a
written request to the City that the City undertake to provide land
assembly assistance through the acquisition of title to a specific
Commercial Parcel and the approval of such request by resolution oftbe
City Commission.
Page 10
1M a City of Clearwater Ap'eemeDt
5.0". City's Obligations. To induce Developer to acquire the Controlled Property and to undertake
the Project and in recognition of the economic and other benefits to the City which 'hill result
there from., the City agrees as follows:
a. Vacation of Right of Way. Within sixty (60) days of the Effective Date of this
Agreement, the City Commission shall consider a resolution vacating the right of way
of North Gulfview between Papaya and San Marco which vacation shall become
effective immediately upon Developer taking title to the Project Site.
b. Vacation of Plat. The City shall vacate that part of the plat ofCleaIWater Beach Park
as recorded in Plat Book 10, Page 42 of the Public Records of Pinellas County,
Florida (the 4'Existing Plat") which includes the Project Site and replat said propeny
as required for the development of the Project.
c. Road and Sidewalk Improvements. The City shall construct road and sidewalk
improvements (the HRoad and Sidewalk Improvements") within the public rights-of-
way existing along North Mandalay, Papaya and San Marco with the fonowing
minimum characteristics:
1. Side\\'alks on the west side ofNonh Mandalay shall be at least ten (10) feet
wide, measured from the western edge of the sidewalk to the eastern face of
the curb. Sidewalks on North Mandalay, Papaya and San Marco shall be
constructed substantially in accordance with the description attached as
Exhibit ''E. "
2. Street landscaping shall be installed along North Mandalay that is consistent
\\iith the landscaping at the roundabout located at the western terminus of
Memorial Causeway on Clearwater Beach.
3. The construction of a landscaped median in N onh Mandalay.
4. The relocation of overhead utilities underground along North Mandalay,
Papaya and San Marco.
5. The repaving of Papaya and San Marco and the construction of cuI- de-sacs at
the western terminus of Papaya and San Marco as described in Exhibit "E."
6. The City shall complete construction of the road and sidewalk improvements
within the public rights-of-way as provided for in this paragraph by the
following dates:
Papaya and San Marco on or before January 1, 2002.
North Mandalay on or before January 1, 2004.
d. Modification ofSeulement Agreement. The City agrees to join with Developer in any
modification of that cenain Final Judgment By Consent entered by the Circuit Court
ofPinellas County in City of Clearwater v. Gray, Case No. 85-4145-15 and Thacker
et at v. City ofCleaIWater, Case No. 86-17457-16 as is necessary to carry out the
development of the Project.
Page 11
.JMaoty of Clearwater Aqetmellt
e. Transfer of Development Rights. The City shall transfer to Developer transferable
development rights sufficient to permit the Developer to construct a total of 157
residential dwelling units on the Controlled Property of the Project Site. In exchange
for such rights, Developer agrees to cause to be transferred to City development
rights for an equivalent number ofresidential dwelling units trom unused development
rights held by Developer's affiliate, Meridian on Sand Key, Ud.
f Sales Office. The City acknowiedges Developer's plan to construct a sales office on a
ponion of the Project Site prior to closing on the purchase of the Controlled
Properties. City agrees to expedite the review of any permit application submitted by
Developer as to the sales office and to take such actions as may be reasonably
required to permit Developer to install and operate such sales office.
ARTICLE 6. fROJECf FINANCING.
6.01. Notice of Project Financing to City. As soon as Developer shall have obtained the Project
Financing, Developer shall provide the City with a sworn statement identifying the Project
Lender(s) and documenting the type offinancing that the Project Lender(s) has issued for the
Project.
6.02. Copy of Default Notice to City. Developer oovenants and agrees that any Project Financing
documents shall include provisions which provide that in the event any Project Financing shall
become due and payable by maturity or acceleratio~ the Project Lender shall give written
notice thereof to the City by certified mail, return r~t requested. Such notice nom the
Project Lender to the City shall state the basis of the default by Developer and shall include
copies of any pleadings in any proceeding instituted by the Project Lender(s) incident thereto.
6.03. Assignment of Rights Under Agreement To Project Lender. Developer may assign to the
Project Lender all its right, title and interest under this Agreement as security for any
indebtedness of Developer. The execution of any assignment, security agreement, or other
instrument, or the foreclosure of the instmction or any sale under the instrument, either by
judicial proceedings or by virtue of any power reserved in the mortgage or deed of trust, or
conveyance in lieu of foredosure by Developer to the holder of such indebtedness, or the
existence of any right, power, or privilege reserved in any instrument, shall not be held as a
violation afany of the terms or conditions of this Agreement, or as an assumption bythehoIdez
of such indebtedness personally of the obligations of this Agreement. No such assignment,
foreclosure, conveyance or exercise ofright shall relieve Developer from its liability under this
Agreement.
6.04.. Notice to Project under.. If Developer shall encumber its interests under this Agreeme:n4 and
if Developer or the holder of the indebtedness secured by the assignment shall give notice to
City of the existence of the assignment and the address of the holder, then City will mail or
deliver to the Project Lender, a duplicate copy of all notices in writing which City may, from
time to time, give to or serve on Developer under and pursuant to the terms and provisions of
this Agreement. Copies shall be mailed or delivered to the holder at, or as near as possible to,
the same time the notices are given to or served on Developer. The Project Lender may, at its
option, at any time before the rights of Developer shall be terminated as provided in this
Agreement, do any act or thing that may be necessary and proper to be done in the observance
of the covenants and conditions of this Agreement or to prevent the termination of this
Agreement. All payments so made and all things so done and performed by the Project Lender
shall be as effective to prevent a forfeiture of the rights of Developer under this Agreement as
they would have been if done and performed by Developer.
Page 12
JM C\Oty or Ceannta' Al;naltel1C
6.05. Consent of Project Lender. This Agreement cannot be amended, canceled, or surrendered by
the Developer without the consent of the Project Lender.
6.06. Estoppel Certificates. The City agrees at any time and from time to time upon not less than
ten (10) days prior written request by the Developer to execute, acknowledge, and deliver to
any Project Lender a statement in writing certifying that this Agreement is unmodified and in
full force and effect (or if there have been modifications), being intended that any such
statement delivered pursuant to this Article 6 may be relied upon by the Project Lender.
6.07. Cooperation. The City and the Developer shall cooperate by incorporating into this
Agreement, by suitable amendment, from time to time, any provision which may reasonably be
requested by any proposed Project Lender for the purpose of implementing the mortgagee
protection provisions contained in this Agreement and allowing the Project Lender reasonable
means to protect or preserve the liens of such Project Lender upon the occurrence of a default
under the terms of this Agreement. The City and the Developer each agree to execute and
deliver any agreement reasonably necessary to effect any such amendment; provided, however,
that any such amendment shall not in any material respect, adversely affect any rights of the
City Wider this Agreement.
6.08. Reinstatement by Project Lender. If this Agreement is terminated by reason of the
happening of any event of default, and after any notice and cure period provided, City shall give
prompt notice of this right to reinstate to the Project Lender, which right to reinstate shaD be
for a period of ninety (90) days. However, the Project Lender shaD not have any persanal
liability for petformance of the Developer's obligations under this Agreement unless and until
the Project Lender acquires title to the Project Site and expressly assumes such liability.
6.09. New Agreement. City shall, on written reque~ ofa Project Lender which has acquired title to
the Project Site by foreclosure or deed in lieu offoreclosure, enter into a new Agreement with
such Project Lender, or its designee, within twenty (20) days ailer receipt of such request,
which new agreement shall be effective as of the date ofsuch termination of this Agreement for
the remainder of the term of this Agreement and upon the same terms, covenants, conditions
and agreements as are contained in this Agreement, provided that the Project Lender or its
designee shan:
Page 13
.1M C\Oty of cte.anvaCcr Aqeanta.t
a. pay to City at the time of the execution and delivery of said new agreement any and an
sums which would have been due under this Agreement from the date of termination
of this Agreement (had this Agreement not been terminated) to and including the date
of the execution and delivery of said new agreemen~ together with all expenses,
including but not limited to, attorneys' fees (for trials and appeals) in a reasonable
amount incurred by City in connection with the termination of this Agreement and
with the execution and delivery of the new agreement, and
b. on or prior to the execution and delivery of said new agreement agree in writing that
promptly foRowing the delivery of such new agreement, such Project Lender or its
designee will perform or cause to be performed all of tl1e other covenants and
agreements in this Agreement on Developer's part to be performed to the extent that
Developer shall have failed to perform the same to the date of delivery of such new
agreement.
6.10. Transfer of New Agreement. The Project Lender shall have the right to
assign or transfer the new agreement to any persc[l or entity without the
City's consent so long as the new agreement is in good standing and Project
Lender is current in obligations owed to the City. Notwithstanding the
foregoing, any Project Lender that is assig11ing the new agreement and the
estate created thereby shaD provide to the City notice of assignment and sha.J1
cause to be executed and delivered in a form reasonably aC(eJJtable to the City
an assumption agreement from the assignee pursuant to which said assignee
assumes the duties, obligations, covenants., conditions and restrictions of the
new agreement. Upon such assignment and assumption by the assignee, the
assignor shall be released of all liability under the new agreement and, upon
request of the assignor, the City shall execute and deliver to the assignor a
release agreement in a form reasonably acceptable to the assignor evidencing
such release of the assignor from any liability under the new agreement.
6.11. SurvivaL The provisions of this Article 6 shaD SUIVive the termination of this Agreement and
shaD continue in full force and effect thereafter to the same extent as if Article 6 were a
separate and independent contract made by the City, the Developer and the Projed Lender.
ARTICLE 7. CONSTRUCTION OF THE PROJECT.
Page 14
JMOOt)' or Oearwatec' Aqeemeot
7.01. Project Site.
a. Site Work. The Developer shall be responsible for all site investigation,
environmental testingt demolition and site clearing.
7.02. Construction of First Phase of the Project.
a. Commencement. Developer shall construct the First Phase of the Project substantially
in accordance with the Plans and Specifications therefore. Developer shall commence
constnlction of the Fust Phase of the Project ("Commencement Date") within three
(3) years after the Effective Date of this Agreement and shall thereafter diligently
pursue completion of the First Phase of the Project.
1. For purposes of this Section 7.02t "commence construction" means
commencement of meaningful physical development of that part of the Project
as authorized by the Building Permit therefor which is continued and diligently
prosecuted toward and with the active of completion of that part of the
Project.
2. All obligations of Developer (including deadlines in the CQmmencement Date)
with respect to commencement and continuation of oonstruction shall be
subject to delays and extensions from time to time for Unavoidable Delay (see
Article 15). Developer shall not be deemed to be in default of this Agreement
to the extent construction of the Project, or a part thereot: is not complete by
reason of Unavoidable Delay.
b. Pursuit of Construction. After the Commencement Date, Developer shall continue,
pursue and prosecute the construction of the Flfst Phase of the Project with due
diligence to completio~ and shaD not at any time actually or effectively have
abandoned (or its Contractor having actually or effectively abandoned) the Project
Site. For purposes of this subsection (b), "abandoned" means to have ceased any
construction work which effectively advances the constIUction of the Project toward
completio~ including removing all or substantially an of the c<>nstruction work force
from the Project site for a period of not less than sixty (60) days.
c. Maintenance of Construction Site. During the c.onstructton of the Project, Developer
shall, at its own expense, keep the Project and an lands owned by Developer within
the Project Site in reasonably good order and c.ondition.
d. Construction Completion Certificate.
1. For pwposes of this Section 7.02, .completio~ "complete," "substantially
complete" or "substantial completion" means, with respect to construction of
the First Phase of the Project, the later of a certificate of occupancy for the
sheD of any structures) (not including any tenant improvements) for that part
of the Project issued by the City or other appropriate governmental authority
having jurisdiction over the Project Site or that portion of the Project has been
deemed completed by the Project Lender under the Construction Financing ._
therefor.
2. Upon the substantial completion of the construction of the First Phase of the
Project in accordance with the provisions of the Plans and Specifications,
Developer shall prepare and execute the Construction Completion Certificate,
which shall then be delivered to the City. Upon receipt of the certificate, the
City shaD promptly and diligently proceed to determine if construction of the
Project has been completed substantially in accordance with the Plans and
Specifications and this Agreement. Upon making such a determination, the
City shan execute the certificate and return it to Developer. The date of the
Construction Completion Certificate shall be the date when all parties shall
have executed said certificate.
3. The Construction Completion Certificate shall constitute a conclusive
determination by the parties hereto of the satisfaction and termination of the
obligations of Developer hereunder to construct the First Phase of the Project
descnoed in the certificate; provided, however, that nothing in this Section
shall be a waiver of the rights, duties, obligations or responsibilities of the City
or any other governmental entity acting in its regulatory or governmental
capacity or an approval of said construction for purposes of the issuance ofa
certificate of occupancy for that part of the Project.
4. If the City shall refuse or fail to execute the Construction Completion
Certificate after receipt of a request by Developer to do so, then the City shall,
within ten (10) days after its receipt of such request, provide Developer with a
written statement setting forth in reasonable detail the reason(s) why the City
has not executed the Construction Completion Certificate and what must be
done by Developer to satisfy such objections so that the City would sign the
certificate. Upon Developer satisfying the City's objections, then Developer
shaD submit a new request to the City for execution of the Construction
Completion Certificate and that request shall be considered and acted upon in
accordance with the procedures in this Section for the original request.
S. If the City refuses to execute the certificate and Developer does not agree
with the objections set forth in the City's statement, then Developer may
invoke the arbitration procedures set forth in Article 14 hereoffor the purpose
Page 15
JMC\Or, of Oeanvater AueemeDt
of determining if the prereqWSItes for execution by all parties of the
Construction Completion Certificate have been met, and ifnot, what actions
must be taken to satisfy such prerequisites.
Page 16
JMOOl'" or ctc:arwac<< Aqemltllt
6. The Construction Completion Certificate shall be in a form sufficient to be
recorded in the public records ofPinellas County, Florida. After execution by
the City, it shall be promptly returned to Developer who shall record the
certificate in the public records ofPinellas County, Florida, and pay the cost
of such recording.
e. City not in Privity. The City shall not be deemed to be in privity of contract with any
ccntractor or provider of services with respect to the canstIUction of any part of the
Project not constituting all or any part of public improvements.
ARTICLE 8. INDEl\INIFICATION.
8.01. Indemnification by the Developer.
a. The Developer agrees to indemnify, defend and hold harmless, the City, its respective
agents, officers, or employees from any and all liabilities, damages, penalties,
judgments, claims, demands, costs, losses, expenses or attorneys' fees through
appellate proceedings, for personal injury, bodily injury, death or property damage
arising out ot: or by reason of any act or omission of the Developer, its agents,
employees or contractors arising out of: in connection with or by reason of, the
perfornwlce of any and all work or senrices covered by this Agreement, or which are
aUeged to have arisen out at: in connection with or by reason ot: the performance of
any and all work or seIVices covered by this Agreement, or which are alleged to have
arisen out ot: in connection 'With, or by reason ot: the performance of such work or
services.
b. The Developer shall indemnify, defend and hold harmless the City, its officers and
employees from any and all liabilities, damages, costs, penalties, judgments, claims,
demands, losses, or expenses (including, but not limited to, actual attorneys' fees and
engineering fees) arising from or attnoutable to any breach by the Developer, as the
case may be, of any representations or warranties contained in Section 9.01, or
covenants contained in Section 9.02.
c. The Developer's indemnity obligations under subsections (a) and (b) shall survive the
earlier of the Termination Date or t.he Expiration Date, but shaD apply only to
occurrenc.es, acts, or omissions that arise on or before the earlier of the Termination
Date or the Expiration Date.
d. The Developer's indemnity hereunder is in addition to and not limited by any insurance
policy and is not and shall not be interpreted as an insuring agreement between or
among the parties to this Agreement, nor as a waiver of sovereign immunity for any
party entitled to assert the defense of sovereign immunity.
8.02. Indemnification by the City.
Page 17
JMaaty ofC1earwater A&reemeat
a. To the extent permitted by law, the City agrees to indemn.i1:y, defend and hold
harmless, the Developer, its respective, officers, and employees from any and all
liabilities, damages, penahies, judgments, claims, demands, costs, losses, expenses or
attorneys' fees through appellate proceedings, for personal injury, bodily injury, death
or property damage arising out ot: or by reason ot: any act or omission of the City, its
respective agents or employees arising out ot: in connection with or by reason ot: the
performance of any and all work or services covered by this Agreement, or which are
alleged to have arisen out ot: in connection with or by reason ot: the performance of
any and all work or services covered by this Agreement, or which are alleged to have
arisen out of: in connection with, or by reason ot: the performance of such work or
services.
b. The City shall indemnifY, defend and hold harmless the Developer, its officers and
employees from any and all liabilities, damages, costs, penalties, judgments, claims,
demands, losses, or expenses (including, but not limited to, actual attorneys' fees and
engineering fees) arising from or attnoutable to any breach by the City, as the case
may be, of any representations or warranties contained in Section 10.01, or covenants
contained in Section 10.02.
c. The City's indemnity obligations under this Section 10.02 shall survive the earlier of
the Termination Date or the Expiration Date, but shall only apply to occurrences, acts
or omissions that arise on or before the earlier of the Termination Date or the
Expiration Date. The City's indemnity hereunder is not and shall not be interpreted as
an insuring agreement between or among the parties to this Agreement, but is in
addition to and not limited by any insurance policy provided that said obligation shall
not be greater than that permitted and shall be limited by the provisions of Section
768.28, Florida Statutes, or any successor statute thereto.
Page 18
nfc.Oty orOeannter ~t
8.03. Umitation of Indemnification. Notwithstanding anything to the contrary contained herein,
with respect to the indemni1ication obligations of the Developer (as set forth in Section 8.01)
and the City (as set forth in Section 8.02), the following shall apply:
a. the indemnifying party shall not be responsible for damages that could have been, but
were not, mitigated by the indemnified party;
b. the indemnifying party shall not be responsible for that portion of any damages caused
by the negligent or willful acts or omissions of the indemnified party; and
c. there shall be no obligation to indemnify hereunder in the event that the indemnified
party (1) shall have effected a settlement of any claim 'Without the prior written
consent of the indemn.ifYing party, or (2) shall not have subrogated the indeIDD.ifYing
party to the indemnified party's rights against any third party by an assignment to the
indemnifying party of any cause or action against such third party.
ARTICLE 9. REPRESENTATIONS, \VARRANTIES AND COVENANTS OF THE
DEVELOPER.
9.01. Representations and Warranties. The Developer represents and warrants to the City that
each of the following statements is currently true and accurate and agrees the City may rely
upon each of the following statements:
a. The Developer is a Florida limited partnership duly organized and validly existing
under the laws of the State of Florida, has all requisite power and authority to cany
on its business as now conducted, to own or hold its properties and to enter into and
perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or will be a party, is qualified to do
business in the State of Florida, and has consented to service of process upon a
designated agent for service of process in the State of Florida.
b. This Agreement and., to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this
Agreement to which Developer is or will be a party have been duly authorized by all
necessary action on the part of: and have been or will be duly executed and delivered
by, the Developer, and neither the execution and delivery thereat: nor compliance
with the terms and provisions thereof or hereof (i) requires the approval and consent
of any other party, except such as have been duly obtained or as are specifically noted
herein, (ii) contravenes any existing law, judgment, governmental rule, regulation or
order applicable to or binding on the Developer, (ill) contravenes or results in any
breach ot: default under or, other than as contemplated by this Agreement, results in
the creation of any lien or encumbrance upon any property of the Developer under
any indenture, mortgage, deed of trust, bank loan or credit agreement, the Developer's
Partnership Agreement or, any other agreement or instrument to which the Developer
is a party or by which the Developer may be bound.
Page 19
JMc\Qty of CeannCer Apulcliellt
c. This Agreement ancL to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this
Agreement to which the Developer is or will be a party constitutes, or when entered
into will constitute, a legal, valid and binding obligation of the Developer enforceable
against the Developer in accordance with the terms thereot: except as such
enforceability may be limited by applicable bankruptcy, insolvency or similar laws
from time to time in effect which affect creditors' rights generally and subject to usual
equitable principles in the event that equitable remedies are involved.
d. There are no pending or, to the knowledge of the Developer, threatened actions or
proceedings before any C()urt or admjni~ative agency against the Developer, or
against any controlling shareholder, officer, employee or agent of the Developer,
which question the validity of this Agreement or any document contemplated
hereunder, or which are likely in any case, or in the aggregate, to materially adversely
affect the cons\lmm~tion of the transactions contemplated hereunder or the financial
condition of the Developer.
e. The Developer has filed or caused to be filed all federaL state, local and foreign tax
returns, if any, which were required to be filed by the Developer, and has paid, or
caused to be paid, all taxes shown to be due and payable on such returns or on any
assessments levied against the Developer.
f All financial information and other documentation, including that pertaining to the
Project or the Developer, delivered by the Developer to the City was, to the best of
Developer's knowledge and belie~ on the date of delivery thereo~ tJUe and correct.
g. The principal place of business and principal executive offices of the Developer is in
St. Petersburg, Florida, and the Developer wiD keep records concerning the Project
(such as construction contracts., financing documents and corporate documents) Ind
all contracts, licenses and similar rights relating thereto at an office in Pinellas County.
h. As of the Effective Date, the Developer will have the financial capabi1ity to cany out
its obligations and responsibilities in connection 'With the development of the Project
as contempbted by this Agreement.
1. The Developer has the experience, expertise, and capability to develop, cause the
construction, and complete the Project and, oversee and manage the design, planning,
construction, completion and opening for business of the Project, and to acquire the
Project Site.
9.02. Covenants. The Developer covenants with the City that until the earlier of the Termination
Date or the Expiration Date:
a. The Developer shall timely perform or cause to be performed all of the obligations
contained herein which are the responsibility of the Developer to perform.
b. During each year that this Agreement and the obligations of the Developer under this
Agreement shall be in effect, the Developer shall cause to be executed and to continue
to be in effect those instruments, documents, certificates, permits, licenses and
approvals and shall cause to occur those events contemplated by this Agreement that
are applicable to, and that are the resp()nsibility ot: the Developer.
c. The Developer shall assist and cooperate with the City to accomplish the development
of the Project by the Developer in ace<>rdance with the Plan and Specifications, and
this Agreement, and will not violate any laws, ordinances, rules, regulations, orders,
contracts Qf agreements that are or will be applicable thereto.
d. The Developer shall promptly cause to be filed when due all federal, state, local and
foreign tax returns required to be filed by it, and shall promptly pay when due any tax
required thereby.
e. Subject to Section 17.01, the Developer shall maintain its existence and will not
consolidate with or merge into another corporation, limited partnership, or other
entity or permit one or more other corporations or other entity to consolidate with or
merge into it without the prior approval of the City unless the swviving entity from
such consolidation or merger remains controned directly or indirectly by JMe
Development, Inc. or its shareholders.
f The Developer shall take no action which shall have the eff~ singularly or in the
aggregate) of rendering Developer unable to continue to observe and perform the
covenants) agreements, and conditions hereof and the performance of all other
obligations required by this Agreement.
g. Provided aU conditions precedent thereto have been satisfied or waived as provided
herein., the Developer shall design., construct and complete the rlI'St Phase of the
Project such that it is substantially complete as provided in this Agreement no later
than the Project Completion Date.
ARTICLE 10. REPRESENT A nONS, W ARRANTffS AND COVENANTS OF THE ClIY.
10.01. Representations and Warranties. The City represents and warrants to the Developer that
each of the fono~g statements is currently true and accurate and agrees that the Developer
may rely on each of the following statements:
P.~ %0
macty .r C1eanntCer A:reen1ellC
a. The City is a validly existing body ccrporate and politic of the State ofAorida. has an
requisite corporate power and authority to carry on its business as now conducted and
to perform its obligations hereunder and under each document or instrument
contemplated by this Agreement to which it is or wiD be a party.
P1ee 21
meaty or Oeannter A.vNnvac
b. This Agreement an~ to the extent such documents presently exist in form accepted by
the City and the Developer, each document contemplated or required by this
Agreement to which the City is or will be a party have been duly authorized by all.
necessary action on the part ot: and have been or will be duly executed and delivered
by, the City, and neither the execution and delivery thereo~ nor compliance with the
terms and provisions thereof or hereof (i) requires the approval and consent of any
other party, except such as have been duly obtained or as are specifica1lynotedher~
(ii) contravenes any existing law, judgment, governmental rule, regulation or order
applicable to or binding on the City, (ill) contravenes or results in any breach o~ or
default under or, other than as contemplated by this Agreement, results in the cr~tion
of any lien or encumbrance upon any property of the City under any indenture,
mortgage, deed of trust, bank loan or credit agreement, applicable ordinances,
resolutions or, on the date of this Agreement, any other agreement or instrument to
which the City is a party, specifically including any covenants of any bonds, notes, or
other forms of indebtedness of the City outstanding on the Effective Date.
c. This Agreement an~ to the extent such documents presently exist in a form accepted
by the City and the Developer, each document contemplated or required by this
Agreement to which the City is or will be a party con~te, or when entered into will
constitute, legaL valid and binding obligations of the City enforceable against the City
in accordance with the terms thereof: except as such enforceability may be limited by
public policy or applicable bankruptcy, insolvency or ~milar laws from time to time in
effect which affect creditors' rights generally and subject to usu.a1 ~ui1able principles
in the event that equitable remedies are involved.
d. There are no pending or threatened actions or proceedings before any court or
admini~ative agency against the City, or against any officer of the City, which
question the validity of any document contemplated hereunder, or which are likely in
any case, or in the aggregate, to materially adversely affect the cons.Jmnution of the
transa(,-tions contemplated hereunder or the financial condition of the City.
10.02. Covenants. The City covenants with the Developer that until the earlier of the Termination
Date or the Expiration Date:
a. The City shall timely perform, or cause to be performed all of the obligations
contained herein which are the responsibility of the City to perform.
b.
1
1
c.
~
~
I
I
J
d.
1
e.
During each year that this Agreement and the obligations of the City under this
Agreement shall be in effect, the City shall cause to be executed and to continue to be
in effect those instruments, documents, certificates, permits, licenses and approvals,
and shall cause to occur those events contemplated by this Agreement that are
applicable to and are the responsibility of the City.
The City shall assist and cooperate with the Developer to accomplish the development
of the Project in accordance with this Agreement and the Plans and Specifications,
will carry out its duties and responsibilities contemplated by this Agreement, and will
not violate any laws, ordinances, rules, regulations, orders, contracts, or agreements
that are or will be applicable thereto, and, to the extent permitted by law, the City will
not enact or adopt or urge or encourage the adoption of any ordinances, resolutions,
rules, regulations or orders or approve or enter into any contracts or agreements,
including issuing any bonds, notes, or other forms of indebtedness, that will result in
any provision of this Agreement to be in violation thereof or which will prevent or
.adversely affect the development of the Project.
The City shall not request or approve any rezoning of the Project Site, or any part
thereot: which will prevent or adversely affect the development of the Project.
The City shall maintain its financial capability to carry out its responsibilities as
contemplated by this Agreement and shall notifY the Developer of any event,
condition, occurrence, or change in its financial condition which adversely affects, or
with the passage of time is likely to adversely affect, the City's financial capability to
carry out its responsibilities contemplated hereby.
. .
I
.i
ARTICLE 11. CONDITIONS PRECEDENT.
11.01. Developer Acquiring Controlled Property. The obligations of the Developer under the
Agreement are subject to the fhlfillment to the satisfaction ot: or waiver in writing by, the
Developer of each of the following conditions precedent:
!
..
a.
1
'::
J
b.
.
,
,
....
c.
J
;
,~<
The Developer shall have received evidence satis{a<..'1:ory to the Developer that the
Project Site permits ,the uses contemplated in this Agreement.
The Plans and Specifications as are required for issuance of the Building Permit
required to commence construction of the First Phase of the Project shall have been.
approved by the City in accordanc.e with applicable ordinances, land use regulations,
building codes and other regulations of the City.
The Developer shall have obtained a commitment for construction financing from the
Project Lender as provided in Article 6 hereof
Page 22
JMC\Clty ofCearwater Agreement
Page 23
maaty .r Oeannta' AqeaneaC
d. The City shall have closed and vacated any street~ alleys or other public rights-of.
way and eKisting plats IS ID4Y be ne~essary for the construction and use of the Projea
Site Iccording to the Plan and Specifications, this Agreement and approved by
resolution the vacation of all such rights-of..way and existing plat in favor of the
Developer, provided however that the vacation will not be effective unless and until
the Developer has acquired the Controned Property.
e. The Building Permit and all other Governmental Approvals necessary for conmuction
of the Project to commence shall have been issued.
11.02. Responsibilities of the Parties for Conditions Precedent. The parties hereto shall not,
individually or conectively, knowingly, intentionally or negligently prevent any condition
precedent from occurring; provide<L however, nothing in this Section is intended or shall be
deemed to deny any party the right to reasonably exercise its discretion to the extent
permitted by law or this Agreement.
ARTICLE 12. DEFAULT; TERMINATION.
12.01. Project Default by Developer.
a. There shall be an "event of default" by the Developer pertaining to the entire Project
upon the occunence of anyone or more of the following after the Closing Date:
1. The Developer shall fail to perform or comply with any material provision of
this Agreement applicable to it within the time prescnoed therefore, after
receipt of a notice from the City pursuant to Paragraph 12. 02(b XI), pro\id~
however, that suspension of or delay in performance by the Developer dwing
any period in which the City is in default of this Agreement IS provided in
Seaion 12.02 hereof will not constitute an event of default by the Developer
under this Subsection 12.0 la., or
2. The Developer shall make a general assigrament for the benefit ofits aeditors,
or shaD admit in writing its inability to pay its debts as they b~me due or
shall tile a petition in bankruptcy, or shall be adjudicated a bankrupt or
insolvent, or shall file a petition seeking any reorganizatio~ arrangement,
composition, readjustment, liquidation, di~lution or similar relief under any
present or future statute, law or regulation or shall file an answer admitting, or
shall fail reasonably to contest, the material allegations of I petition filed
against it in any such proceeding, or shaD seek or consent to or acquiesce in
the appointment of any tnlStee, receiver or liquidator of the Developer or any
material part of such entitys properties; or
3. Within sixty (60) days after the commencement of any proceeding by or
against the ~eloper seeking any reorganization, arrangement, composition,
readjustmet1t, liquidatio~ dissolution or similar relief under any present or
future statute, law or regulation, such proceeding shall not have been
di911issed or otherwise terminat~ or it: within sixty (60) days after the
appointment without the consent or acquiescence of the Developer of any
trustee, receiver or liquidator of any of such entities or of any material part of
any of such entity's properties, such appointment shaD not have been vacated;
or
2. Any attempt by the City to pursue any of the above referenced remedies will
not be deemed an exclusive election ofremedy or waiver of the City's right to
pursue any other remedy to \\'hich either may be entitled.
3. Any time periods or deadlines provided in this Agreement shaD be tolled or
extended by the amount of time to cure any event of default hereunder ifsuch
event affects the Developer's or City's ability to perform by such deadline or
the expiration of such period.
b.
1.
If an event of default by the Developer descn'bed in subsection (a) above shaD.
occur, the City shaD provide written notice thereof to the Developer, and, if
such event of default shan not be cured by the Developer within thirty (30)
days after receipt of the written notice from the City specifying in reasonable
detail the event of default by the Developer, or if such event of default is of
such nature that it cannot be completely cured within such time period, then if
the Developer shall not have commenced to cure such default within such
thirty (3D) day period and shall not diligently prosecute such cure to
completion within such reasonable longer period of time as may be necessary
(provided, however~ if the Developer is proceeding diligently and in good
faith, the curative period shall be extended for a period of not exceeding six
(6) months without any approval or consent of the City being requir~ but
such approval will be required if the curative period is to be extended beyond
six (6) months (after the notice of default has been given by the City to the
Developer and such extended curative period may be ended by the City
electing to do so upon any Project Lender finding the Developer to be in
default of any Project Financing and the curati\'e period therefor has expired
without such event of default being cured) then., in addition to any remedy
available under Section 12.05, the City may terminate this Agreement or
pursue any and aD legal or equitable remedies to which the City is entitled,
provided., however, if the Developer shall fail to cure such event of default
within said thirty (30) day or longer period or ~ses to proceed diligently to
timely cure sucl1 event of default, then the City may proceed to enforce other
available remedies 'Without providing any additional notice to the Developer.
Page 24
JMC\Oty .r Oeartnta' ~ae!lt
Plge 25
JMC\Clty orOeannCeC' AqeernHlt
c. Notwithstanding any provision of this Sectio~ I default by the Developer shaD Dot
affect the title of any condominium unit or common area conveyed by the Developer
to an unrelated third party or to a condominium association. The obligations of
Developer are personal to Developer and shall not run with the title to the Project or
any part thereof or give rise to a lien or encumbrance on same.
12.02. Default by the City.
a. Provided the Developer is not then in default under Section 12.01, there shall be an
"event of default" by the City under this Agreement in the event the City shall till to
perform or comply with any material provision of this Agreement applicable to it;
provided, however, that suspension of or delay in performance by the City during any
period in which the Developer is in default of this Agreement as provided in Section
12.01 hereof will not constitute an event of default by the City under this Subsection
12.02(a).
b.
1.
If an event of default by the City descnoed in Subsection 12. 02( a) shall occur,
the Developer shall provide written notice thereof to the City, and, after
expiration of the curative period descn'bed in paragraph (2) below, may
terminate this Agreement, institute an action to compel specific performance
of the terms hereof by the City or pursue any and all legal or equitable
remedies to which the Developer is entitled.
2. The Developer may not terminate this Agreement or institute an action
descnoed in paragraph (I) above if the City cures such event of default within
thirty (30) days after receipt by the City of\\-TItten notice from the Developer
sp~ifying in reasonable detail the event of detiult by the City, or if any such
event of defauh is of such nature that it cannot be completely cured within
such period., then within such reasonably longer period of time as may be
necessary to cure such default, provided however, if the City is proceeding
diligently and in good ~ the curative period shall be extended for a period
of not exceeding six (6) months without any approval or consent of the
Developer being required., but such approval will be required if the curative
period is to be extended beyond six (6) months after the notice of default has
been given by the Developer to the City if the City has commenced to cure
such default within such thirty (30) day period and is diligently prosecuting
such curative action to completion. The City shall within said thirty (30) day
period or such longer period promptly, diligently and in good faith proceed to
cure such event of default after receipt of the notice from the Developer and
shan suCGeed in curing such event of defauh within said period of time,
provided, however, if the City shall fail to cure such event of default within
said thirty (30) day or longer period or ceases to proceed diligently to timely
Page 26
.JMc\QC)'.r C1~Ur I~t
cure such event of def.au1t~ then the Developer may proceed with its available
remedies without providing any additional notice to the City.
3. Any attempt by the Developer to pursue any of the remedies referred to in
paragraphs (I) and (2) above will not be deemed an exclusive election of
remedy or waiver of the Developers right to pursue any other remedy to
\Nh.ich it might be entitled.
4. Any time periods or deadlines provided in this Agreement shaD be tolled or
extended by the amoWlt of time to cure any event of default hereunder if such
event affects the Developer's or City's ability to perform by such deadline or
the expiration of such period.
12.03. Obligations, Rights and Remedies Cumulative. Unless specifically stated herein to the
wntrary, the specified rights and remedies to which either the City or the Developer
are entitled under this Agreement are Dot exclusive and are intended to be in addition to any
other remedies or means of redress to which the City or the Developer may lawfully be
entitled and are not specifically prohibited by this Agreement. The suspension ot: or delay in,
the performance of its obligations by the Developer ~ while the City shall at such time be in
defauh of their obligations hereunder shall Dot be deemed to be an "event of default. If The
suspension ot: or delay in., the performance of the obligations by the City while the Developer
shall at such time be in default of its obligations l1ereunder shall not be deemed to be an -event
of default" by the City.
12.04. Non-Action on Failure to Observe Provisions of this Agreement. The failure of the City
or the Developer to promptly or continually insist upon strict performance of any
term, covenant, condition or pro\. isian of this Agreement, or any Exhibit l1ereto, or any other
agreement, instrument or document of whatever form or nature contemplated hereby shall not
be deemed a waiver of any right or remedy that the City or the Developer may have, and shaD.
. not be deemed a waiver of a subsequent default or nonperformance of such term, covenant~
condition or provision.
12.05. Termination.
a. Tbe Developer and the City acknowledge and agree that as of the Effective Date
certain matters mutually agreed by the parties hereto to be essential to the successful
development of the Project have not been satisfied or are subject to certain cooditions
legal requirements or approvals beyond the control of any of the parties hereto or
'Which cannot be definitely resolved under this Agreement~ including, but not limited
to, failure ofa governmental authority to grant an approval required for development
of the Project or insurable title to the Project Site has not been obtained. In
recognition of these events or conditions, the parties hereto mutually agree that,
provided the appropriate or responsible party therefor diligently and in good &ith
seeks to the fullest extent of its capabilities to cause such event or condition to occur
or be satisfied, the failure of the events or conditions listed in subsection (b) below to
occur or be satisfied shaD not constitute an event of default by any party under this
Article 14, but may, upon the election of any party hereto, be the basis for a
termination of this Agreement in accordance with this Section.
b. In addition to any other rights of termination pro\;ded elsewhere in this Agreement,
this Agreement may be terminated as provided in subsection (c) by the City or the
Developer after the occurrence of any of the following events or conditions (except
for paragraph (3) in which event only the Developer may terminate this Agreement
pursuant to this subsection (b)):
1. the appropriate governmental authority (including the City in exercise of its
governmental and regulatory authority and responSIbility), upon petition by
the Developer, denies or fails to: issue the netessary order or other action
necessary, issue the Permits, issue the Building Permits, or approve any other
land use necessary to construct the Project on the Project Site, provided the
Developer has proceeded diligently, expeditiously and in good fi1ith to obtain
such approval, permits or other necessary actions;
2. a previously unkno\\ID site condition is subsequently discovered and that
condition prevents successful development of the Project, or part of the
Project on the Project Site, or part of the Project Site (in which case only the
Developer at his option can terminate the project as not feasible); or
3. The Developer is unable to acquire marketable title to the <:Cnttoned Property
on or before March 3 1, 2000.
c. Upon the occurrence of an event descnoed in subsection (b) or in the event that the
Developer or the City, after diligently and in good faith to the fullest extent its
capabilities, is unable to cause a condition precedent to its respective obligations to
occur or be satisfie~ then the Developer or the City may elect to terminate this
Agreement by giving a notice to the other party hereto within thirty (30) days of the
occurrence of such event or the determination of inability to cause a condition
precedent to occur or be satisfied, stating its election to terminate this Agreement as a
result thereot: in which case this Agreement shall then terminate.
d. In the event ofa termination pursuant to this Section 14.06, neither the Developer nor
the City shaD be obligated or liable one to the other in any way, financially or
otherwise, for any claim or matter arising from or as a result of this Agreement or any
Page 27
JM C\Ory of OeaI"'MI ter Aveantar
Paee 28
JMaatItfCearwlecr ~c
actions taken by the Developer and the City. or any of the~ hereunder or con-
templated hereby. and each party shall be responsible for its own costs, however, the
provisions of Sections 10.01 and 10.02 shaD apply and shall swvive termination of
this Agreement, the provisions of this Subsection 14.07(d) to the CODtra.ry
notwithstanding.
12.06. Termination Certificate.
a. In the event of a termination of this Agreement for any reason prior to the Expiration
Date, each of the parties hereto do covenant and agree with each other to promptly
execute a cenificate prepared by the party electing to terminate this Agreement, which
certi1icate shall expressly state that this Agreement has been terminated in accordance
with its terms, is no longer of any force and effect except for those provisions hereof
which expressly survive termination., that the rights, duties and obligations of the
parties hereto have been terminated and released (subject to those surviving
provisions hereof) and that the Project Site is no longer subject to any restrictions,
limitations or encumbrances imposed by this Agreement.
b. The certificate descnoed in Subsection (a) shall be prepared in a form suitable for
recording and promptly after execution by all of the parties hereto shall be recorded in
the public records ofPinellas County, Florida.
ARTICLE 13. RIGHT TO CONTEST.
13.01. Right to Contest. Subject to the conditions set forth in Section 13.02 below, the City or the
Developer each may, at its sole discretion and expense, after prior written notice to the other
parties hereto, contest by appropriate action or proceeding conducted in good faith and with
due diligence, the amount or validity or applicatio~ in whole or in part, of any lien, any
payment of any taxes, assessments, impact fees or other public charges of a ~mjl.Ar IWUre that
may from time to time be levied upon or assessed by any appropriate governmental authority
against the Developer, the Project (or any part thereof), the Project Site, furniture, finures,
equipment or other personal property thereon, and the revenues generated from the use or
operation of any or all of the above, any other payment specifically identified in this
Agreement, or compliance with any law, rule, regu1atio~ or other such legal requirement.
13.02. Conditions. The right to contest any charge, payment or requirement pursuant to Section
15.01 is subject to the following:
a. such proceeding shaD suspend the execution or enforcement of such charge, payment
or requirement;
b. such proceeding will not create any risk. of impairment of the acquisition or
preparation of the Project Site, the constn1ctio~ completion., operation or use of the
Project, the Project Site, or any part thereof: in any material respect, ad neither the
Project or Project Site, nor any part of the Project or the Project Site, would be
subject to any risk ofbeing involuntarily sold, forfeited or Jost or the acquisition of the
Project Site or the consuuction, equipping, or completion of the Project or any part
thereof be delayed or prob.ibited;
c. such proceeding will not subject any other party to criminal liability or risk of material
civil liability for failure to comply therewith, or involve risk of any material claim
against such party; and
d. the party seeking the benefit of this Article shall have furnished to the other parties
such security, if any, as ~y be required in such proceeding or as may be reasonably
requested by the others, to protect the Project and the Project Site, and any pan
thereot: and any interest of such parties hereunder.
ARTICLE 14. ARBITRATION
14.01. Agreement to At bitrate. Only as specifically provided in this Agreement and only if any
judicial or administrative action or proceeding has not been commenced with regard to the
same ~tter and, if so, the party hereto commencing such action has not dimlissed it, any
disagreement or dispute between the parties may be arbitrated in the manner set forth in this
Article 14. All parties hereby agree such arbitratio~ once commenced, shall be the exclusive
procedure for resolving such disagreement or dispute and agree to be bound by the result of
any such arbitration proceeding unless all panies mutually agree to terminate ~ch proceeding
prior to decision. If any arbitration proceeding under this part adversely affects the
performance of any party hereunder, then any time periods provided herein for such
performance by that pany shall be tolled during the pendency of the arbitration proceeding
affecting such performance.
14.02. Appointment of Arbitrators.
a.
1.
Unless accelerated arbitration as provided in Section 14.08 hereofis invok~
any party invoking arbitration herewith shaD, within five (5) days after giving
notice of impasse in the dispute resolution process or upon following the
expiration of the time period for such ~ute resolution occurrence of the
event permittiug arbitration to be invoked, give written notice to that effect to
the other parties, and shall in such notice appoint a disinterested person who is
on the list of qualified arbitrators maintained by the American Arbitration
Association or a disinterested person not on such list to whom an objection is
not made by any other party hereto within five (S) days of receipt of the notice
of such appointment as the arbitrator or, ifmore than one (1) arbitrator is to
be appointed, as one of the arbitrators.
Page 29
JM ClOty .r C1eannee.- Aveenlltll'
2. WIthin ten ( 10) cbys after receipt of the notice desaibed in paragraph ( 1), the
other parties shall by written noti~ to the original party acknowledge that
arbitration has been invoked as permitted by this Agreement, and shaD either
accept and approve the appointment of such individtal set forth in the originaJ
notice IS a sole arbitrator or shall appoint one (1) disinterested person per
party of recognized competence in sucl1 field IS an arbitrator.
Page 30
maoey ocaunnCa' Aqeanellt
b.
1.
If two (2) arbitrators are appointed pu.rsu.ant to subsection (8) above, the
arbitrators thus appointed shan appoint a third disinterested person who is on
the list of qualified arbitrators maintained by the American Arbitration
Association, and such three (3) arbitrators shall as promptly as possible
determine such matter.
2. If the second arbitrator shall not have been appointed as provided in
subsection (a), the first arbitrator shall, after ten (10) days notice to the
parties, proceed to determine such matter.
3. If the two (2) arbitrators appointed by the parties pursuant to subsection (a)
shall be unable to agree within fifteen (1 S) days after the appointment of the
second arbitrator upon the appointment of a third arbitrator, they shall give
written notice of such failure to agree to the parties, and, if the parties then filii
to agree upon the selection of such third arbitrator within fifteen (IS) days
thereafter, then within ten (10) days thereafter each of the parties upon written
notice to the other parties hereto may request the appointment of a third
arbitrator by the office in or for the State of Rorida (or if more than one
office, the office located closest to the City) of the American Arbitration
Association (or any successor organization thereto), Of, in its absence, refusal.
failure or inability to act, request such appointment of such arbitrator by the
United States District Court for the Middle District of Florida (which request
shall be filed in the dMsion of that court responsible for the geographic area
including the City), or as otherwise provided in Chapter 682, Florida Statutes,
known and referred to as the Florida Arbitration Act, as amended.
14.03. General Proced ures. In any arbitration proceeding under this part, those parties appointing
arbitrators shall each be fully entitled to present evidence and argument to the sole arbitrator
or panel of arbitrators. The arbitrator or panel of arbitrators shaD only intetpret and apply the
terms of this Agreement and may not change any such terms, or deprive any party to this
Agreement of any right or remedy expressed or implied in this Agreement, or award any
damages or other compensation to any party hereto. The arbitration pro~ings shaD foDow
the rules and procedures of the American AIbitration Association (or my successor
organization thereto) unless specifically modified by this Agreement, or as then agreed to by
the parties hereto.
Pap 31
JMaar, .roeaJ'WlCa' ~t
, ~\
14.04. Majority Rule. In any arbitration proceeding under this part~ the determination of the
majority of the panel of arbitrators, or of the sole arbitrator if only one (I) arbitrator is used,
shall be conclusive upon the parties and judgment upon the same may be entered in any court
having jurisdiction thereot:The arbitrator or panel of arbitrators shaD give written notice to
the parties stating his or their determination within thirty (30) days after the conclusion of the
hearing or final submission of aD evidence or argument.
14.05. Replacement or Arbitrator. In the event of the failure, refusal or inability of any arbitrator
to serve as such, promptly upon such determination being made by the affected arbitrator, the
affected arbitrator shall give notice to the other two (2) arbitrators (if applicable) and to the
parties hereto, and then a new arbitrator shall be promptly appointed as a replacement~ \\'hich
appointment shall be made by the party or the arbitrators who appointed the affected
arbitrator in the same manner as provided for in the original appointment of the affected
arbitrator in Section 14.02 hereof.
14.06. Decision of Arbitrators.
a. If any decision reached by arbitration as provided in this part requires performance by
the Developer, the Developer covenants and agrees to comply with any decision of
the arbitrator( s) promptly after the date of receipt by the Developer of such decision,
and to continue such performance to completion with due diligence and in good filith.
b. Ifany such decision requires performance by the City, the City covenants and agrees
to comply promptly with any decision reached by arbitrators) promptly after the date
of receipt by the City of such decision, and to continue such performance to
completion with due diligence and in good faith.
c. Nothing in this part, nor in any arbitration decision rendered under this p~ shall be
construed to require any payment by the City to the Developer not otherwise
provided for herein.
Page 32
JMacty .r Cearwaeer AqeaneII'
14.07. Expense or ArbitratioD. The expenses of any arbitration pro~ing pursuant to this part
shall be borne equally by the parties to such proceeding, provided, however, for the purpose of this
Section 14.06, -expenses" shaD include the fees and expenses of the arbitrators and the American
Arbitration Association with respea to such proceeding, but shall Dot include attomeys' fees or expert
witness fees, or any costs incurred by attorneys or expert witnesses, unless (and to the extent) agreed
to by the parties to such proceeding, which in the absence of such Agreement shall be the
responsibility of the party incurring such fees or costs.
14.08. Accelerated Arbitration.
a.
1.
If any of the parties to any arbitration proceeding under this part determines
the matter for arbitration should be decided on an expedited basis, then after
an initial election to invoke arbitration pursuant to Section 14.02 hereof has
been made, either party to such proce.etiing may invoke accelerated arbitration
by giving notice thereof to the other parties DO later than three (3) days after
arbitration has been initially invoked and the other parties do not object \\Iithin
three (3) days thereafter.
2. Accelerated arbitration, for purposes of this Section 14.08, shall be
accomplished by either party notifYing the American Arbitration Association
(or any successor organization thereto) that the parties have agreed to a single
arbitrator) qualified to decide the matter for arbitration) to be appointed by the
American Arbitration Association (or any successor organization thereto) with
the consent of the parties to such proceeding within three (3) days after
receipt of the request and to decide such matter within five (5) days after such
appointment.
3. If an arbitrator is not so appointed with consent of the parties to the
proceeding within three (3) days after the notice referred to in paragraph (2) is
received by the American Arbitration Association, the accelerated proc.eeding
under this Section 14.08 shan terminate and the procedures otherwise set
forth in this Article 14 shall apply, unless the parties mutually agree to an
extension of such time period.
b. The Developer and the City hereby agree to use such accelerated procedure only
when reasonably necessary) to not contest the appointment of the arbitrator or his or
her decision except as may be permitted by lawt and that all other provisions of this
part, except as are in conflict with this Section 14.08, remain in effect and applicable
to an accelerated arbitration proceeding.
14.09. Applicable Law. To the extent not inconsistent with this article, any arbitration proceeding
under this article shall be governed by the provisions of Chapter 682, Florida Statutes, as
amended, knO\Vl1 and referred to as the Florida ArbitratioD Code.
Page 33
lMacty or Ceannter Aqeaneaf
14.10. Arbitration Proceedings and Records. Any arbitration hearing under this article shall be
considered a meeting subject to Section 286.011, Florida Statutes., and shaD be open to any
member of the public. Unless otherwise rendered confidential pursuant to or by the Operation
of any applicable law or order (other than an order by a sole arbitrator or panel of arbitrators
acting under this part), the reC()rd of such proceedings shall be a public record under Chapter
119, Florida Statutes.
ARTICLE 15. UNAVOIDABLE DELAY.
15.01. Unavoidable Delay.
a. Any delAy in perfonnance of or inability to perform any obligation under this
Agreement (other than an obligation to pay money) due to any event or condition
descnoed in paragraph (b) as an event of "Unavoidable Delay" shall be excused in the
manner provided in this Section 15.0 I.
b. "Unavoidable DelayN means any of the following events or conditions or any
combination thereof acts of God, acts of the public enemy, riot, insurrection, war,
pestilence, archaeological excavations required by law, unavailability ofmateriaIs after
timely ordering of same, epidemics, quarantine restrictions, freight embargoes, fire,
lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and
excessively inclement weather (as indicated by the records of the local weather bllre1u
for a five-year period preceding the Effective Date), mikes or labor disturbances,
delays due to proceedings under Chapters 73 and 74, Florida Statutes, restoration in
connection with any of the foregoing or any other cause beyond the reasonable
control of the party performing the obligation in question, including, without
limitatio~ such causes as may arise from the act of the other party to this Agreement,
or acts of any governmental authority (except that acts of the City shall not constitute
an Unavoidable Delay with respect to performance by the City).
c. An application by any party hereto (referred to in this paragraph (c) and in paragraph
(d) as the .Applicant") for an extension of time pursuant to this subsection must be in
writing, must set forth in detail the reasons and causes of delay, and must be filed with
the other party to this Agreement within seven (7) days following the occurrence of
the event or condition causing the Unavoidable Delay or seven (7) days following the
Applicant becoming aware (or with the exercise of reasonable diligence should have
become aware) of such occurrence.
d. The Applicant shall be entitled to an extension of time for an Unavoidable Delay only
for the number of days of delay due solely to the occurrence of the event or condition
causing such Unavoidable Delay and only to the extent that any such occurrence
actually delays that party from proceeding with its right~ duties and obligations under
this Agreement affected by such occurrence.
ARTICLE 16. FIRE OR OTHER CASUALTY; CONDEMNATION.
Page 34
maoty oraU1"'MlW Aqeemeut
16.01. Loss or Damsge to Project.
a. Until the Completion Date. and without regard to the extent or availability of any
insurance proceeds, the Developer covenants and agrees to diligently commence and
complete the rec<)nstruction or repair of any loss or damage caused by fire or other
casuahy or by eminent domain (provided the City is Dot the condemning authority) to
each and every part of the Project which it owns to substantiaDy the same size, Boor
area, cubic content and general appearance as existed prior to the occurrence ofsuch
loss or damage, promptly after the City approves the Plans and Specifications for such
reconstruction or repairs; provided, however, that nothing contained herein shan
obligate the Developer to rebuild any of the buildings or other improvements currently
on the Project Site that are to be demolished in order to construct the Project.
b. The City shall review the Plans and Specifications for such reconstruction or repairs
as soon as pOSS1ble after fiJjng thereofby the Developer. The City agrees to approve
the Plans and Specifications for such reconstruction or repairs if the reconstruction or
repairs contemplated by such PLms and Specifications will restore the Project, or the
damaged portion thereot: to substantulIy the same condition as existed prior to the
occunence of such loss or damage and if such Plans and Specifications conform to the
applicable laws, ordinances, codes, and regulations in effect at the time offiling with
the City of the plans and specifications for such reconstruction or repairs.
16.02. Partial Loss or Damage to Project. Any loss or damage by fire or other casuahyorexercise
of eminent domain to the Project or Project Site, or any portion thereot: which does not
render the Project or Project Site unusable for the use contemplated by Section 18.01 of this
Agreement, shall not operate to terminate this Agreement or to relieve or discharge the
Developer from the timely performance and fillfillment of the Developer's obligations
pursuant to this Agreement, subject to an extension of time for an Unavoidable Delay.
16.03. Project Insurance Proceeds.
a. \Vhenever the Project, or any part thereo( shall bave been damaged or destroye<L the
Developer shall promptly make proof of loss and shall proceed promptly to collect, or
cause to be collected, all valid claims which may have arisen against insurers or others
based upon such damage or destruction.
b. Subject to the rights of a Project Lender, the Developer agrees that an proceeds of
property or casualty insurance received by the Developer as a result of such Joss or
damage shall be available and shall be used for payment of the costs of the
reoonstruction or repair of the Project to the extent necessary to repair or reconstIUct
the Project.
Page 35
JMC\Oty .r C1eannter AQ'Wl.aat
16.04. Notice of Loss or Damage to Project. The Developer shall promptly give the City written
notice of any significant damage or destruction to the Project stating the date on which such
damage or destruction occurred, the expectations of the Developer as to the effect of such
damage or destruction on the use of the Project, and the proposed schedule, ifany, for repair
or reconstruction of the Project.
16.05. Condemnation of Project or Project Site; Application of Proceeds. In the event that part,
but not aD, of the Project or Project Site, or both, shaD be taken by the exercise of the power
of eminent domain at any time before the Expiration Date, subject to the rights of a Project
Lender, the compensation awarded to and received by the Developer shall be applied first to
the restoration of the Project, provided the Project can be restored and be commercially
feasible for its intended use as contemplated by Section 16.01 of this Agreement after the
taking, and, if not, can be retained by the Developer.
ARTICLE 17. l\fISCELI..A1\"EOUS
17.01. Assignments.
a. By the Developer.
1. Prior to the Commencement Date, the Developer may sell, convey, assign or
otherwise dispose of any or all of its right, title, interest and obligations in md
to the Project, or any part thereof to a successor developer, only with the
prior written consent of the City, provided that such su~r developer
(hereinafter referred to as the "assignee") , to the extent of the sale,
conveyance, assignment or other disposition by the Developer to the assignee,
shall be bound by the terms of this Agreement the same as the Developer for
such part of the Project as is subject to such sale, conveyance, assignment or
other disposition.
2. If the assignee of Developer's right, title, interest and obligations in and to the
Project, or any part thereof assumes all ofDevelopets obligations hereunder
for the Project, or that part subject to such sale, conveyance, assignment or
other dispositio~ then the Developer shall be released from all such
obligations hereunder which have been so assumed by the assignee, and the
City agrees to execute an instrument evidencing such release, which sb.a.n be in
recordable form.
3. An assignment of the Project, or any part thereot: by the Developer to any
corporation, limited partnership, general partnership, joint venture or other
entity, in which the Developer or an entity under common ownership or
control with Developer shall not be deemed an assignment or transfer subject
to any restriction on or approvals of assignments or transfers imposed by this
Section 17.01, provided, however, that notice of such assignment shaJI be
given by the Developer to the City prior to such assignment being effective
and the assignee shan be bound by the terms of this Agreement to the same
extent IS would the Developer in the absence of such assignment.
Page 36
.I'M OCr, or OearwaCer Apeemerlt
4. No assignee of all or any part of the Developers rights and obligations with
respect to part of the Project shall in anyway be obligated or responsible for
any of the Developer's obligations with respect to any other part by virtue of
this Agreement unless and until such assignee has expressly assumed
Developer's such other obligations.
17.02. Successors and Assigns. The terms herein contained shall bind and inure to the benefit of the
City, and its successors and assigns, and the Developer, and its successors and assigns, except
as may otherwise be specifically provided herein.
17.03. Notices.
a. All notices, demands, requests for approvals or other communications given by either
party to another shall be in writing, and shall be sent by registered or certified mail,
postage prepaid, return receipt requested or by courier service, or by hand delivezyto
the office for each party indicated below and addressed as fonows:
To the Developer: To the City:
~1andalay Beach Club, Ltd.
2201 4th Street Nortb {insert]
Suite 200
St. Petersburg, FL 33704
with copies to: with copies to:
Robert F. Greene, Esq. [insert]
Greene, DonneUy & Schermer
1301 61h Avenue West.
Suite 400
Bradento~ FL 34205
b. Notices given by courier service or by hand delivery shaD be effective upon delivery
and notices given by mail shall be effective on the third (3rd) business day after
mailing. Refusal by any person to accept delivery of any DOtice delivered to the ofiice
at the address indicated above (or as it may be changed) shaD be deemed to have been
Paee 37
meaty ,eCumt<< Aveemtat
an effective delivery as provided in this Section 20.03. The addresses to which notices
are to be sent may be changed from time to time by written notice delivered to the
other parties and such notices shaH be effective upon receipt. Until notice of change
of address is received as to any particular party hereto, all other parties may rely upon
the last address given.
17.04. Applicable Law and Coostruction. The laws of the State of Florida shaIl govern the
validity, performance and enforcement of this Agreement. This Agreement has been
negotiated by the City and the Developer, and the Agreement, including, without limitation,
the Exhibits, shall Dot be deemed to have been prepared by the City or the Developer, but by
all equally.
17.05. Venue; Submission to Jurisdiction.
a. For pl.llposes of any suit action, or other proceeding arising out of or relating to this
Agreement, the parties hereto do acknowledge, consent, and agree that venue thereof
is Pinellas County, Florida.
b. Each party to this Agreement hereby submits to the jurisdiction of the State of
Florida, Pinellas County and the courts thereof and to the jurisdiction of the United
States District Court for the Middle District of Florida, for the purposes of any suit,
action, or other proceeding arising out of or relating to this Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise that such action is
brought in an inconvenient forum or that the venue of such action is improper or that
the subject matter thereof may not be enforced in or by such courts.
c. [fat any time during the term of this Agreement the Developer is not a resident of the
State of Florida or has no office, employee, City or general partner thereof available
for service ofprocess as a resident of the State of Florida, or ifanypelUlitted assignee
there<>f shall be a foreign corporatio~ partnership or other entity or shall have no
officer, employee, agent, or general partner available for service of process in the
State of Florida, the Developer hereby designates the Secretary of State, State of
Florida, its agent for the service of process in any coW1 action between it and the
City, or bo~ arising out of or relating to this Agreement and such setvice shall be
made as provided by the laws of the State of Florida for service upon a non-resident;
provide~ however, that at the time of service on the Florida S~retary of State, a
copy of such service shall be delivered to the Developer at the address for notices as
provided in 17.03.
17.06. Estoppel Certificates. The Developer and the City shan at any time and from time to time,
upon not less than ten (10) days prior notice by another party hereto, execute, acknowledge
and deliver to the other parties 8 statement in recordable form certifying that this Agreement
has not been modified and is in full force and effect (or if there have been modifications that
the said Agreement as modified is in full force and effect and setting forth. notation of such
modifications), and that to the knowledge of such party~ neither it nor any other party is then
in default hereor( or if another party is then in default hereof: stating the nature and details of
such default}, it being intended that any such statemeat delivered pursuant to this Section
17.07 may be relied upon by any prospective purchaser, mortgagee, successor, assignee of
any mortgage or assignee of the respective interest in the Project, ifany, of any party made in
accordance with the provisions of this Agreement.
17.07. Complete Agreement; Amendments.
a. This Agreement, and all the terms and provisions contained herein, including without
limitation the Exhibits hereto, constitute the full and complete agreement between the
parties hereto to the date hereof: and supersedes and controls over any and aD prior
agreements, understandings, representations, correspondence and statements, wbeilier
written or oral
b. Any provision of this Agreement shall be read and applied in para materia with all
other provisions hereof.
c. This Agreement cannot be changed or revised except by writt~ amendment signed by
all parties hereto.
17.08. Captions. The article and section headings and captions of this Agreement and the table of
contents preceding this Agreement are for convenience and reference only and in no way
define, limit, descnoe the scope or intent of this Agreement or any part thereot: or in any way
affect this Agreement or construe any article, section, subsection., paragraph or provision
hereof.
17.09. Holidays. It is hereby agreed and declared that whenever a notice or performance under the
terms of this Agreement is to be made or given on a Saturday or SUDcby or on a legal holiday
observed in the City, it shall be postponed to the next fonowing business day.
17.10.. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of this
Agreement. The Exhibits and any amendments or revisions thereto, even if not physically
attached hereto shall be treated as if they are pan of this Agreement.
17.11. No Brokers. The City and the Developer hereby represent, agree and acknowledge that no
real estate broker or other person is entitled to claim or to be paid a commission as a resuh of
the execution and delivery of this Agreement, including any of the Exhibits, or any proposed
improvement, use, disposition, lease, conveyance or acquisition of any or all of the Project
Site.
P.ge 38
JMc\Qty .r Ckarwata' Aqeemeat
17.12. Not an Agent of'City. During the term of this Agreement, the Developer hereundershaJI Dot
be an agent of the City with respect to any and all services to be performed by the Developer
(and any of its .gent~ Issigns~ or successors) with respect to the Project.
Page 39
1M aoe, .1 CearwlCer ~leIlt
17.13. Public Purpose. The parties acknowledge and agree that this Agreement satisfies, fuJ1iIls
and is pursuant to and for a public purpose and municipal purpose and is in the public interest,
and is . proper exercise of the CitYs power and authority. .
11.14. No General Obligation. In no event shall any obligation of the City under this Agreement be
or constitute a general obligation or indebtedness of the City or the City, a pledge of the ad
valorem taxing power of the City or the City or a general obligation or indebtedness of the
City or the City within the meaning of the Constitution of the State of Florida or any other
applicable 1aw~ but shall be payable solely from legally available revenues and funds. Neither
the Developer nor any other party under or beneficiary of this Agreement shall ever have the
right to compel the exercise of the ad valorem taxing power of the City, the City or any other
governmental entity or taxation in any form on any real or personal property to pay the City's
or the City's obligations or undertakings hereunder.
17.15. Technical Amendments; Survey Corrections. In the event that dueto minor inaccuracies
contained herein or any Exhibit attached hereto or any ether agreement contemplated hereby,
or due to changes resulting from technical matters arising during the term of this Agreement,
the parties agree that amendments to this Agreement required due to such inaccuracies,
unforeseen events or circumstances which do not change the subsunce ofthisAgreemeat may
be made and incorporated herein. The City Manager is authorized to approve such technical
amendments on behalf of the City, respectively, and is authorized to execute any required
instruments, to make and incorporate such amendment to this Agreement or any Exhibit
attached hereto or any other agreement contemplated hereby.
17.16. Term; Expiration; Certificate.
a. Ifnot earlier terminated as provided in Section 12.06, this Agreement shall expire and
no longer be of any force and effect on the tenth anniversary of the Effective Date
("Expiration Date'''). .
b. Upon completion of the term of this Agreement, all parties hereto shall execute the
Agreement Expiration Certificate. The Agreement Expiration Certificate shall
constitute (and it shall be so provided in the certificate) a conclusive determination of
satisfactory completion of all obligations hereunder and the expiration of this
Agreement.
c. In the event of any dispute IS to whether any party is required to execute the
Agreement Expiration Certificate, the dispute shaD be reS()lved by atbitration as
provided in Article 14.
PIE! 40
1M aat] of Oearwa ttI' Ap'eemeat
d. The Agreement Expiration Certificate shan be in such form IS wiD enable it to be
recorded in the public records ofPineUas County, Florida. FoDowing ex~ution by aD
oCthe parties hereto, the Agreement Expiration Certificate shan promptly be recorded
by the Developer in the public records of Pinellas County, Florida and the Developer
shan pay the cost of such recording.
17.17. Effective Date. Upon execution of this Agreement (and such of the Exh.ibits as are
contemplated to be executed ~multaneously with this Agreement) by the authorized officers
of the City and by authorized representatives of the Developer following approval hereofby
the City and the Board of Directors of the Developer, this Agreement (and any executed
Exhibits) shall then be in full force and effect in accordance with its terms and the date of such
execution shan be the Effective Date.
17.18. Approvals Not Unreasonably Withheld. The parties hereto represent that it is their
respective intent as of the Effective Date and do covenant and agree in the future that aD
approvals, consents, and reviews will be undertaken and completed as expeditiously as
possible, in good faith, and will not be arbitrarily or unreasonably withheld, unless otherwise
expressly authorized by the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and their respective seals
affixed as of this _ day of . 1999.
TIlE Crrv OF CLEARWATER, FLoRIDA
Attest:
By:
By:
city Clerk
Mayor
Approved as to form and correctness:
. Esquire
City Attorney
STATE OF FLORIDA )
)
COUNlY OF PlNELLAS )
The foregoing instrument was acknowledged before me this _ day of , 19
_ by and , Mayor and City Cler~
respectively, for the City of Clearwater, Florida, on behalf of the City.
By:
Signature of Notary Public
Printed, typed or stamp
My Co~mi~ons Expires:
Paie 41
JM aory or C1earwa fa' AqNmeat
PI&f 42
JMC\oey OCCearw1ta' ~c
MANDALA V BEACH CLUB, LTD.,
a Florida limited partnership
By: .JMC Communities of Oearwater
m, Inc.~ General Partner
By:
_President
Sr ATE Of FLORIDA )
)
COUNTY OF PlNaLAS )
The foregoing instrument was acknowledged before me this _ day of . 19
by as President JMC Communities of Clearwater Ill, Inc., a
Aorida corporation, as General Partner of , a Florida
limited partnership.
By:
Signature of Notary Public
My Comlllissions Expires:
Printed, typed or stamp
JMC\Clearwater Property\agreement for development 2
. .
h, ~
Exhibit "A"
Legal Description
Commercial Parcels
Lots 72, 73, 74, 75, 76, 77, 78, 79, 80,8\, 82, 83,84 and 85 of CLEARWATER BEACH PARK,
according to the map or plat thereof; as recorded in Plat Book \ 0, Page 42, of the Public Records of
PineUas County, Florida.
i\.~:
EXHIBIT UB"
Legal Description
CODtroDed Property
Units ~ B~ C and D, FOUR SEASONS lANDINGS, a Condominium, per map or plat thereof as
recorded in Plat Book 10, Page 42 of the Public Records of Pinellas County, Florida, and
Declaration of Condominium recorded in Official Record Book 6830, Page 196, Public Records
ofPinellas County, f1orida, the real property comprising such condominium being more
panicularly described as follows:
Parcel I:
Lots 27 and 28, CLEARWATER BEACH p~ according to the map or plat thereot: as
recorded in Plat Book 10, Page 42 of the Public Records of Pine lIas County, Florida.
Parcel 2:
All lands lying west of said Lots 27 and 28 to the mean high water line of the Gulf of Mexico and
lying south of a westerly projection of the common boundary line between Lots 26 and 27 of said
CLEARWATER BEACH PARK, and north ofa line from the southwest comer of said Lot 28
projected west and parallel to said common boundary line between said Lots 26 and 27, together
with and including all littoral rights appurtenant thereto.
Parcel 3:
Lot 26 and the south ~ of Lot 25, CLEARWATER BEACH PARK, according to the map or plat
thereot: as recorded in Plat Book 10, Page 42 of the Public Records of PineI1as County, Florida.
Parcel 4:
All lands lying west of said Lot 26 and the south ~ of said Lot 25 to the mean high water line of
the Gulf of Mexico and lying north ofa westerly projection of the common boundary line between
Lots 26 and 27 of said CLEARWATER BEACH PARK, and south ofa line from the northwe~
comer of the south ~ of said Lot 25 projected west and parallel to said common boundary line
between said Lots 25 and 26, together with and including all littoral rights appurtenant thereto.
TOGETHER WITH:
Lots 39 and 40 and East 36 feet of South 8.S feet of Lot 41, Clearwater Beach Park, as per plat
thereof recorded in Plat Book 10, Page 42 of the Public Records of PineUas County, Horida.
TOGETI-lER WIlli:
Lots 14, IS, 16,17, 18, 19,20,21,22,23,24, North 'lj of2S, 29, 30, 31,32,33,34, 3S, 36,37,
38,41 and 42, less the East 36 feet of the South 8.5 feet of Lot 41, Clearwater Beach Park, as per
plat thereofrecorded in Plat Book 10, Page 42 of the Public Records ofPinellas County, Florida.
t-"""',
,"a.w..., 4',
,'1-' 1J........"..~x.
.~~.~ ...r~-
'~l .1. ~\ .. ':.
,~.. .~....
:n:" - ~.<:
..t:., ~ s.
.........: . n='"
':.~.... ~'~,'
-.?Ji;........... ~~"
-" ~E~ ,,-
""'"1"-
CITY OF CLEARWATER
PL-\.\:'\I:--;G & DEVElOP~(E:'\T SER\ leES ..\D~II~ISTR-\ Tro~
P'),T OfFI(.E &~'( ..-..8. CLf.\J"i \l"Ea. FL(.;<<Jr., 33-58--.-..8
.\Il 'fCI'lJ. Slll\lc:tc; BlIlDI\(j, 100 Sol TH ~hRnE :\\t.'LE. CLE.U'I \T'!R. FLORJD.\ ~r~o
TEI.iPHO\E (-.'!i ~~...~- F\'( I-~i ~,2-i;-6
October 4, 1999
Mr. John Hobach, President
JMC Communities
2201 4th Street North, Suite 200
S t. Petersburg, Florida 33704
Dear John,
I have reviewed the conceptual site plan for your proposed project west of Mandalay on
Clearwater Beach based on the current Community Development Code regarding the
density, height, parking and setbacks that are being proposed.
Density: From west to east the following development potential exists. Based on the
units you control for Lots 14.28 as a result of the settlement agreement, there are on~
hundred-twelve units available. The right of y,'ay area from Gulfview would yield twelve
units at thirty units per acre. And the property immediately east of Gulfview would yield
twenty-four units at thirty units per acre. The total for the combined area would be one
hundred forty-eight units. You have indicated an intent to transfer nine units to this
property, which would yield a total unit count of one hundred-fifty seven units.
Height: The proposed height of the project is one hundred-fifty feet. This height would
be allowed subject to approval by the Community Development Board and is consistent
with the allowed height in conjunction with the transfer of development rights.
Parking: You have proposed two hundred-thirty-six parking spaces, which meets the
spaces required by code.
Setbacks: You have proposed a minimum of a ten feet rear setback, which is consistent
with the code.
O\F. Cm O\F fll1. R.f..
B~\.\.I .\t 'G-r \l"OR.CI)\:\Il:--IO'ER
ED H(lOPEll. VleF \l~'llR.CO\I\ll"".'\E~
En H.~T. CO\I\lI:"IO'Ell
808 C:.\1Ui:. ("':\::""":"_
J B jo"'H'''')\. (\~\:\:I";(I'H
(i)
"f.(~l \J E\!f':f"':!'\T "':"1 .\!,:::I\,\l'TI\l.\(TlO' E',:?~m'F!<'
.';, ',. ":' '...~.
. .
The project. as proposed. would require review and approval by the Community
Development Board after a required public hearing. If you have any questions please
contact me at 562-4583.
Sincerely, .J.. /_
1~"-4 h ~
Ralph Stone. Plinning Director
Cc: Pam Akin. City Attorney
. John Asmar, Planning and Development Services Administrator
Robert Keller, Assistant City Manager
'./
EXlUBIT "0"
Project SUe
A
-
... 111 !uIt
....
,
Srn LocA nON MAP_ J
..', :"....:.,~., "- '-'~'"'
..
EXHIBIT "E"
Sidewalk aDd Street Impro\.emenu
The street and sidewalk improvements for Mandalay Avenue, Papaya Street, and San Marco
Street shall include, but Dot be limited to the fonowing:
. Surface Repaving.
. Pedestrian cross-walks and sidewalks with specialty concrete or pavers. Specialty
concrete could be a coquina/shell surface treatment; pavers could be colored
concrete or brick.
. Tbe western end of Papaya Street and San Marco Street be converted into a cuJ-
de-sac with a specialty pavement treatment at the cuI-de-sac.
308 North Belcher Road
Clearwater, Florida 33765
PATRICK T. MAGUIRE
Attorney at Law
CertJfied Circuit Court MedJator
January 20, 2000
Re- * \ 0
.' .
..
Telephone: (727) 442-3838
Fax: (727) 461-0162
City Commissioners
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758
Re: Proposed Land Assembly Assistance
and Reimbursement Agreement
Mandalay Beach Club Ltd.
Public Hearing Scheduled 1/20/00
Dear Commissioners:
At the request of a client, I have been asked to review the proposed Development Agreement,
the Settlement Agreements referenced therein and the current Community Development Code
and Florida Statutes. The following should be considered as part of the Public Hearing.
It is my opinion that the Development Agreement and actions proposed to be taken in
conjunction therewith could be challenged with a high probability of success, based upon the
following:
I. They violate the transitional rules of the Community Development Code.
2. They violate the Comprehensive Land Use Plan of the City.
3. They violate the Future Land Use Plan Elements as to density.
4. The proposed density transfers violate the Community Development Code.
5. The transfer of nine condominiwn units would not justify an additional 100 feet of
bwlding height for the project.
6. The Development Agreement clearly establishes an intent to violate the prohibition
against Contract Zoning.
7. The Circuit Court has no jurisdiction to modify the consent decree since jurisdiction
has only been reserved for enforcement purposes and not all of the owners of the Settlement
property are parties to the Development Agreement.
8. The entire project site proposed for condominium development is only 2.03 acres.
There appears to be a serious miscalculation in the number of available units for development on
this tract. The City's Proposed Development on Clearwater Beach by 1M Community's Fact
over
~. .(
..
Sheet (author unknown) appears to "stack" the number ofunitst i.e. 30 units per acre plus an
additional 87 units per the Settlement Agreement. The Settlement Agreement by the prior
owners and City contemplates that there will be no more than 42 hotel-motel units per acre.
Under the current code, 42 hotel-motel units per acre results in a condominium density of 31.5
units per acre. Therefore, under a liberal view of the terms of the Settlement Agreement, the
maximum number of units is 64 units.
I am quite surprised that given our future Land Use Plan Density Limitation of 30 units per acre
that the City staffhas undertaken to interpret the Settlement Agreement to arrive at a density of
76 units per acre. There are numerous provisions of the Settlement Agreement which strongly
suggest that the Settlement Agreement was never intended to allow the development of the
property so unreasonably and unjustifiably in excess of that allowed by Florida Statutes, the
Community Development Code, or the Comprehensive Land Use Plan.
Sin
PTM:jr
. Maguire
,.,'.' c,J"
. . .
~ ,; I' . " 1 . t .. .
>., ,. 'n~"".. .' '. ',' ": .; <~, . '....:.~..-r. ...,.,,-",,~, ."." ' ',., "
Item #11
/7Sy'
. '. . ' . .. . .. >l;l' . '.. . . ,'... ~. , . ,
rw3
Clearwater City COlll1nission
Agenda Cover MemorandlllTI
Work session Item #:
Final AQenda Item #
~
Meetin~ Date:
01/20/00
SUBJECTJRECOMM ENDATION: Approve the applicant's request to vacate the 50.0 foot right-
of-way of North Gulfview Boulevard lying North of Papaya Street AKA Palm Street and South
of San M areo Street AKA Mangrove Street, and pass Ordinance Number 6478 -0 0 on the first
reading. (V2000-01 Mandalay Beach Club, LTD)
[&] and that the appropriate officials be authorized to execute same.
SUMMARY:
.
The applicant is proposing to use the right-of-way and adjacent properties to construct a 157 unit
condominium.
.
The City has existing utilities located within this right-of-way that will be relocated during
development at the ow ner/developers expense.
.
Public Works Administration is recommending the vacation of this right-of-way, subject to retaining a
4 foot drainage and utility easement along the East property line.
.
Florida Power has no objection provided an adequate easement is granted. Time Warner and GTE
Media Ventures have no objection provided their facilities are relocated at the owner/developers
expense. GTE has no objection provided their facilities are relocated at the ow ner/developers
expense and an adequate easem ent is provided.
Reviewed by:
Legal ~.
Budget N/A
Purchasing NtA
Risk Mgmt NtA
Info Srvc -+
Public workS,,11:.f--
DCM/ACM
cnher N/A
Originating Dept:
Public Works
User Dept.
N/A
Costs Nt A .
Total
Current FY
Funding Source:
CI
OP
Other
Submitted by: 0~ ~ k"-..
City Manager -U' - IY'-"S" R-. U
Attachments
Ord. No. 6478-00
Location Map
Appropriation Code:
V Printed on recycled paper
V ACA TION 2000-01 Mandalay Beach Club, LTD
" . . > _ .",. . . . I ' " X . '. .
ORDINANCE NO. 6478-00
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA. VACATING THE 50-FOOT RIGHT-OF-WAY OF
NORTH GULFVIEW BOULEVARD LYING NORTH OF
PAPAYA STREET AlKJA PALM STREET AND SOUTH OF
SAN MARCO STREET AlKJA MANGROVE STREET;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Mandalay Beach Club, LTD., a Florida limited partnership, owner of
real property located in the City of Clearwater, has requested that the City vacate the
right-of-way depicted in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said right-of-way is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. The following:
50-foot right-at-way of North Gulfview Boulevard lying north of Papaya Street a/kJa
Palm Street and south of San Marco Street a/kla Mangrove Street is hereby
vacated, closed and released, and the City of Clearwater releases all at its right,
title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County. Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
J~<;d= ~
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6478-00
. ~ ~ ~ ,~ . , . , ". .., . , I- . . .,' '..', ' . . t .
Y"l
CD SA YMONT
_I 7soL ~ f~-rZ-l
~ /2 ~5/5~ ~~ Ii
... of / USO! L / 54 60 T.t9ii
~'14 I ~J 61~
~'"5 1 ~'2 UJ--
~ ~6 ~ J-- 1 ~I 6.l/;jj;"
, /7 -J k-1!1O -"":::;:::-
II Q) - 4~ 6~ !-
~ 1I __48 '''66/
U 10 - - /47 " 671-
LllT"1 '- 146 -, 611/'
LJ12nOf '--L 45 -..J69T-
1.1- "1 50 1--../2..4 / -r7or~1
S --..... .. J I
AN MARCO 71~i01 lu
L .... I? sr. o....;:.J =>
~ ---~//r II) ~
C? Oil 15 ~:~0l-~ _42 I 72 _ ~6~ ~
-..J rr:il!. 676-;rJ~' 1- ~ 7J =46 <
../ 17 -r.,W1!65 40 ~
~1 //>1 -4 74 46-4
~~~18 y~ h.-6.:J 039 757-462
S;:..,,19 - /:, Ja 76 ( -4~G
'J:. 'j20"S6~f/J~ !ii1J7JT 03 7 77 .,. ":8
SI ']j~y~- ~ 711_"56
~ ii"if~4S1~~ 711-r~
;::::: ~1;0f eo 452
~ 24"7;jj / i'lL 3Jl III T 45G
I - Z'L...-__J"-t; 112{ :-
U"~V7 L...- /.lIO JJ;"'~
""2 V .0. T II ""6
I -4"OJ[;'i"~ ~... ~9-;~4N 44, 80
~ 0 PAPAYA ~
II)
92 0137 1 ~ -1.2 r
435 '2 II
433 .1
431 4
/429 5
4()
f 6:::-
425 7 n
423 8 ~ 039
421 9 ...
~J8
419 10 _-4
4 1'1 11 ... /
,415 412 10<;
f413 lJl ...
411 14 (A'"\
409 IS ,:.;/
407 III '10 J~
405 17
403 /111
/401 r 19 I J.1
~ Exhibit " A"
NORTH
Scale 1"=1320'
j .
..
f -,r
e
~
J
)
0. /
co
C"'I
-
,
~2 JOl
.
L
L~
Ol
01
co
,
co
Ol
... /,
.
/
FOUR SEASONS
LANDINGS CONDO
) 101-35
j-I
I
/
f
R/W Vacation
Requested
By App/ican t
- J
I
430
7
L
I
I
oW
-
I
CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGlNEERING
o
CIO
80 499 4:1 ~ ,; ~ ~ ~ ~I
/495S~44" 1
4J
42,;
@i1-/
483;::<< J9
J8~
37
36/:'-1
J5~
34
.1J~
032 J-S
31 "".....
JO ~
29~
nC
27 ooq;
0$.]0 ~/
,yo ls
. ~~
7
&t'l
co
457 -2~
<4SS~ 24
453M 2J
451 ~ 22
449~ 21
4,41;:;'_ 20
445..r III
H3Cz 18
441- 17
439 -- 16 /
S.
.14 406
,~7
~2
~J
~4
~5
~6
"";1 ~ 7t]
U7
-~
8 ~I!
r... II
H"-
qo
-!; -11
012
~ lJ
"""4 454
14
0;;-
15
I
~7
432
41
I
STREE
60 r~~~
489 J. 4
487_ ~
4857 .1
lu 479/ 4 8
::) 4771
;:z ~7 j;"
~ ~ 480
<
475 .!.
7
~73~472
9 466
.
10 ~.462
:-c. l
11 ~ <4<<0
153 12 454
,-_452
451 ~"50
13 CJ 448
14~
:::! U6
~
440
STREET
1
~
r
/2 436
439 ~
3
l-
I ~
4 ., 28
lu 4.
~ -
~-
41S
--..;
~
~
I)
crJ
429 !l
_ 426
~
II
<
e
1:/ 7 422
~~
a.. r..,23A .
I
I
9
-
I
409 I(
408
10
S- T-R: 8-29S-15E
Grid N: 267A
THIS IS NOT A SURVEY
NAME: Mazur
Voc2000-01
Drown by: EA
Date: 11/15/99
Ordinance 6478-00
PIal Book 10 Pg. 42
I, . '<t. . t\ "( J
t
10.
;0-
le
t
jo
lit
I.
~
c
~
~
It
>i~J
~~
1M
"'~T,," <Of,
,
,I
"
"
,.
"
,.
I'
"
.,
..
.
..'
~
-'"~-''.-'''
, .-
l!l
.... -.-. ..
. '.....
....
.
..'
M..~O "t.69H
.
, '
!
N
,"
.
. '
, >
.
..
.
..'
25'
':1'7
.. .
,.& ~
~ -..J
d
~
N
~
.
1"1
" .
.
."
..'
,
.~ \J
.., "' .
~ "
." . n
r
0.'
~
, ,
~.
.
."
.
"
;~
, I
I
.,'., .
.
.'
.'
~-".nn"~"
J , "'-'. .., ,~
. .. .' If' . ""
I . ...,4.....: .".':/
-.... .......... .
. .
..
..
..
. , .
'. 4. ".
,
"
...
,
~
.,
,;
-"r .,
...A. . . \
j ~ /,~. .:~ I ,,0'
. ~ I' .... . ..: .~
;';'w'~' . '. .."
I- . . .
" .
I
I
,
,
, .
.
0"
;,'y :, ,,": : '," !:',; ,/"; , ,'~::' > to;,' >:', i~<':'\, ~~ <:,.' ::,>,,:
" ' .' '.., 'I ,:'," ' 'I.'" . /. , \ . -...'. . \. / - , .' ',,\ i'. ,'I ',', . ,'" '\ . .1 '.' ,. \ _ . .' . I' I.'.' I "
. ',' . .' , ". , .~., ,I' " '. '. , ' . '. i "", . '. " ", ~~ ',':, -.,,,:. ~' . ' ' . (_ '~ ",.',' .
. ........' ., , . " ",,' 1. . ~ ~. I' l~ ' \ . ", . . ,
.,'
U-
.
. '.
. . · 01
. .M.!',
',....' .' I
....,.':'. J>.....
\ .. ',-. .'
, ~: . .' ~
'. :"...
. .'
:t
III
co
I.
S
..
,..'
co...
~"
","
.
.- ...'
. .
, ~ ....
. :~y
...
.'
. ..'
'I,
,I,
."..01'
t:
. "
."
.~
, ,
,
,
,
,
,
"
;:
. ..0
,
~:
,
,
,,~. :
,',
.. .-' .
, '.;,"lS)t?
~':
'r'} :
I. j
, ~
I
.1 '
...
~ J
.
, I'
:r~
: I: l'
"
.
1 ..'
u ,
.. h'
a ~,
.~
';'~I'
~ 0:
~ I'
u c
~ g ,
~ ...l it:
'" '
. .' ~~~ '
-':::I
W ~Ox
I ...~~
..,
(\oj ~~~
in
P uu.....
.
, , Ie
... ....,...
"
"
. .'
, .
,,,:.,~ ,
, J;
I;
.
. "
I
Jl
.0.
..
.
"eeL
. -t,
~
.~l
,~
.
,"
.
."
..
...
"
N i . 04.W
N89'2"
" "
. ,
~
'!!
. ,"
0
. - ....... .
---..
...,.. .."".....
......- .
']..;.. I<<:)J''''
I~[
f!
~
.j
t'
I
~ I
~ I
~i
~ I
:1'
I
19
t
~
...a
~
~
I
I
I
i
I
I
,
I
l.-
,Q
~i!
~::
:~
: c
:'
~
,31
..,
"
t
I
1
.
~
J
d
..,
~I
d
~'
i,
"
,/ . , . ." . I'" .,' \, " I
" , "" \ ,/" \ I I' l . ' " '. J , ,', ". . " '. J " I,"
,. , , . " \" , , . ., . .,' ,"-" : , ': \ ' . ." . . , " \ . ' \ / . " \ '. I" I / I ;
,;",:"', "i "/:," , '; ',,:" '.. >~' ~. '/\', :,' ,;~': "~,",, "~,,'..' \,' ", , " ": ':' " " ',""/,
I ' .'. t . ," .' .' # " r J \ l\" .'_ -, _ . .., ''- jl. ' J." . ~ .
~
NORTH
Scale 1 "=1320'
Location Map
N. Gu1fvicW' Blvd
PROJECT
SITE
1
.
t
o
Oil
AJ
011
9A Y5IO(
~
V~
....:...,~
rJ~' stA_ t-..(.'.
~ '-1'
C"IM"'I'~ .\
\'0, -:.. 6 J
...'1'.... #1
"'''::'01 ,\';.1'
~"H"it'-
CITY OF CLEARWATER, FLORIDA
PUBLlC WORKS ADUINIS'fRATION
ENGINEERING
',:',' . ; : ':",,<~,~ ::, _~c .,:, ::', , " <\ : I I" ':';',',,;,,", .': ' : I ;' ( ?:'";.<~:,, 1;'::"":' /' . .:,;;-__!."
'~"'-"l. . ,\ '1,1,. -. /..,,)\,,1, \ '. _ ' 1\' .\ II " '.'.' , . ....,
,.j. . , . . " I., ,'. . '\"'l.,", 'I',o:.( ~'\/".Jl / ,,\,,~\, -;' .'1,1;:','~1 :'I,/~I' I~. ;/',,~,I... , .
~ . ,.',' ", , . " ' ',wJr' _ " ': '. . i " .' . . . - (;'j t. . ,
~vJ ?J
Vacation Number 2000-01
"HANDALAY BEAC~ CLUB. LTD"
VACATION REQUEST
PROCESSIN~ SHEET
\ I
PLEASE REVIEW THIS V ACA110N IN TERl\IS OF YOUR PRESENT USE AND FUTURE NEED
FORTI-IE PROPERlY. INDICATE YOURCOM!vffiNTS BELD\'\!:
REFERENCE AlLAS SHEET NO 267A SECTI 0 NJ!8.. TOWNSHIP 295 RANGE 15E
1. PUBLIC WORKS ADMINISTRATION/ENGINEERING/PRODUcrION:
REVIE\VEDBY:;tI4tJ~ CHECKED BY: Il\.tP DA1E:!2 -ro--f?
COMMENTS: The applicant is requesting the vacation of the 50 foot right-of-way of
North Gulf View Boulevard lying North of Papaya Street AKA Palm Street and South of
San Marco Street AKA Mangrove Street as shown in the Plat of Clearwater Beach Park on
Clearwater Beach Island as recorded in Plat Book 10, Page 42 of the Public Records of
Pinellas County, Florida. The applicant is proposing to use the tight-of-way and adjacent
properties to construct a 157 unit condominium. The right-of-way is paved and being used
for vehicular traffic. 111e City has existing sanituy sewer, water and natural gas mains within
this right-of-way. The P\V A / Engineering / Production has no objection to the vacation
provided the sanitary sewer main, water main and natural gas main are relocated at the
owner/developers expense and adeguate easements are provided for all utilities. Florida
Power has no objection to this request, Time \Vamer l...ommwlications has no objection provided the
owner/ developer bears the expense for relocation of their facilities, GTE and GTE Video have no
objection provided the owner/developer provides a 4 foot easement along the East property line and
bears the expense for relocation of their facilities.
2
PLANNING AND DEVELOPMENT SERVICES:
REVIEWED BY: ~ CHECKED BY~
COMMENTS: N{c,.
G.D~ "'ec"~Ar~ (Jfl'it~(,... I?ll( if1 - ~~ <'f ~i,") t-tfOJ.
DATE:/q~!7.1/1
3. SOLID WASTE DEPARTivfENT:
REVIEWED BY: ~ tLt 0 ~ \1. <>
COMMENTS: l'v bb~t>>c \ lG "'"0
DAlE: /~--:; J... ? f
4. GAS DEPART~1ENT:
REVIEWED BY: ~ CHECKED BY: ~ DAlE: I)./;J./Ilff
COMMENTS: 771e CIe4(lv'a~Ge4sSY/~ has nocoiectlQi, ~ ~Ptt:lpetl~
vacqn'c,1 f""t!v"cI~,} 'rltt9- Cf.,Vifer 1/)~"'~/CjJ6r bel4l'"s tiee e;t'~"se t'7:1, re,.(6<<l'h' '11
of- ov,r -hi,.t,,"'.n'6fJ "' re~stoJJl/J~ C/ f"W'o ""-tV' Aied rl,Q!-U4'/1 he /t7Irq~ q t:J,
re,v ,... Cr rlt.~ vaC:Qn~#'1, "
VACATION 2000-01 MANDALAY BEACH CLUB, LTD
VACATION REQUEST PROCESSING SHEET.ENG.----REVISED 11/96
1
, .' . :.' " .. '. " . '. ' .. .... - .' \ . .
Vacation Number 2000-01
"MANDALAY BEACH CLUB, LTD"
VACATION REQUEST
PROCESSING SHEET
PLEASE REVIEW TIIIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED
FOR TI-IE PROPERTY. INDICATE YOURCOMl\.ffiNTS BELO\\'l:
REFERENCE ATI..AS SHEET NO 267A SECTIONJlS.. TO \VN S HIP .22S..RANGE.15E..
5. FIRE DEP ARThffiNT:
REVlE\VED BY:@
COMMENTS: ,f7 ,;;/c
DATE: /dp...1///
6.
POLICEDEPARTMENT: /) fl
REVIEWED: 6 b ~
COl\fIvffiNTS: I!eJ (j;11
DAlE: /~,Irl
7.
PUBUCWORKSADMINI~~ t2?~
REVIEWEDBY:~ -6;
COMME.-NTS: CJ F\.
DATE:It?...c>"~
ADVERTISING DAlE:
01/01/2000
AND
01/08/2000
PUBLIC HEARING DATE: 01/20/2000
COMMISSION ACTION: APPROVED
CONTINUED
TABLED
DENIED
ORDINANCE NO.
DATE OF ADOPTION
RECORDED IN O. R BOOK:
PAGE:
LETTER TO PROPERlY OWNER ADVISING COMPLETION OF VACATION
COMPUTER VACATION FILE:
(S:\excel\ vacindex.x1s)
VACATION 2000-01 MANDALAY BEACH CLUB, LTD
VACATION REQUEST PROCESSING SHEET.ENG.----REVISED 11/96
2
'W
. .'. .' I, ., . I I . ." .. . .. . ," ""~ { , I" . ,
CITY OF CLEARWATER - ENGINEERING SERVICES
100 SOUTH MYRTLE AVENUE - ROOM 211
P.o. &OX 4748, CLEARWATER, FL. 33758-4748
PH. (813) S62-4750, FAX (813) 562-4755
VACATION REgUEST
FORM HUMBER
1311-0104
FILING
FORM
1. N>>fE OF APPLICANT OR DESIGNATED REPRESENTATIVE:
NAME :
Edward Mazur, .Jr., P_R_
PHONE: 727-724-8422
ADDRESS: 2639 McCormick Drive, Clearwater, FL 33759
HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE
VACATION OF THE FOLLOWING:
o EASEMENT TYPE:
DALLEY
GJ
o
RIGHT-OF-WAY
OTHER
2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF
. AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM
WHERE TO WHERE OR WHAT LOTIS IT ABUTS, IF IT IS A RIGHT-OF-WAY
DESCRIBE HOW MUCH TO BE VACATED.
See attached sketch arrl legal description.
3. STREET ADDRESS OR SIMPLE LOCATION:
That portion of N. Gulfview Boulevard between the rights-of-way of
Papaya Street and San Maroo Street.
:
,
f
.
4.
PROPOSED USE OF VACATED PROPERTY:
Portion of proposed Handalay Beach Club - a 157 unit condaninium develo~t.
5. ZONING OF ADJOINING PROPERTY:
T (Tourist)
FILa - VACArIOH REQUEST
PILLING FORK.ENG
FORM REVISED
08/13/97
I'tirAM on I'IIqded ,..
PAGE L OF 3
""'f
':f....
"
..". 6 . ATTACHMENTS :
N/A LAND SURVEYOr PROPERTY IS REQUIRED IF T1-O:S VACATION INVOLVES AN
EXISTING ENCROACHMENT.
X DRAWING SHOWING PROPOSED USE or VACATED PROPERTY
(SURVEY, PLOT PLAN, ETC.)
X FILING FEE PER ORDINANCE NO. 5969-96;
$500.00 FOR A RIGHT-OF-WAY / ALLEY OR $400.00 FOR AN EASEMENT
THE FOLLOWING LETTERS or NO OBJECTION' ARE REQUIRED:
(LIST or CONTACT PERSONS FOR THE UTILITIES r.s ATTACHED)
(1) FLORIDA POWER CORPORATION
(1) GENER.1\L TELEPHONE COMPANY
(1) GTE - AMERICAST
(1) TIME WARNER CABLE:
OTHER
(1) To be submitted prior to ORe zreeting.
7 . NAME AND ADDRESS OF PROPERTY OWNER (PLEASE PRINT)
NAME:
PHONE:
ity Staff.
STATE OF FLORIDA)
COUNTY OF PINELLAS)
ADDRESS:
8. OWNERS SIGNATURE
The foreqoinq instrument was acknowledqed before me this
by
I who is personally known to me or
as identification
who has produced
and who did (did not) take an oath.
Notary Public, Commission No.
(Name of Notary typed, printed or stamped)
FILE - VACATION REQUEST FORM IWIISED
FILLING FORH.ENG 08/13/97
o Pntad on PAGE 2 or 3
reqded pePIf
-<
t " , J . 1 . ' , , . .' '. _....l. . . , : ~. ,I I I , I " . " ',: , . ~ , . . , " " '. . ~ '., , ,
MACFARLANE FERGUSON & McMuLLEN
\E
\~
ATTORNEYS AND COUNSELORS AT LAW
900 H'GHPOINT CENTER
loe E:AST COLl.EGE AVENUE
TAl.l.Al-lASSEE. FLORIDA 32301
C8!501681.7381 FAX 185016S'.02SI
"100 NORTH TAMPA STREET. SUITE 2300
P.O. BOX 1531 IZIP 336011
T;\.MPA. F'l.ORIOA 33602
leI31273....2oo F'AX Ce13) 273....396
625 COURT STREE;T
P. O. BOX IG691ZIP 337571
Cl.EARWATER. FLORIDA 33756
1727) 441-a966 FAX(727)4"12-S470
IN REPLY REF'ER TO:
RECEIVED
!JAN 1 9 2000
January 19,2000
Clearwater
CITY CLERK DEPARTMENT
. Ms. Cynthia Goudeau
City Clerk
City of Clearwater
Post Office Box 4748
Clearwater, FL 34617-4748
VIA FAX #562-4086
and Hand Delivery
Re: Applicant: Lawrence H. Dimmitt, III
Location: 25485 U.S. Highway 19 N., Clearwater
V 99-13 [request to vacate street right-of-way]
Dear Ms. Goudeau:
We represent Lawrence Dimmitt, the owner of referenced property. We have received the staff
recommendation of support relative to the referenced vacation application. However, staffis requesting
retention of a 60' wide utility and drainage easement over the same area.
We would like to continue this for at least one (1) month to enable us to have a survey prepared
to locate existing utilities and see if the City engineering department would agree that a smaller
easement area would be appropriate. Therefore, please accept this as our request for a continuance, for
at least one (1) month, to enable us to have the property and existing utilities surveyed.
Thank you for your cooperation in this regard.
HSC:koh
cc: Mayor Brian Aungst
City Commissioners
Mr. Lawrence H. Dimmitt, III
City of Clearwater (Attn: Mr. Kelly O'Brien]
~~
H~' S. Cline
. ours,
H:\DATA\ATY\HSC\CORRESP.'OO\aOUDEAU,l19
. ~;. ' '~'. ,~ . ,'.,,,,, : ,,~I.'. '7,4'_ '\11''', t" '.'. : '" . ..".'.' ,':"" ,,~ t. ~..,." ," ,."1:'
pw d--
Clearwater CityColnlnission
Agenda Cover MelnorandUln
Work session Item #:
Final AQenda Item #
J~
Meetinq Date: 01/20/00
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the 60.0 foot right-
of-way of Third Avenue South lying East of U.S. Highway 19 and West of Chautauqua Avenue
(formerly Main Street), subject to retaining the full 60.0 feet as a Drainage and Utility Easement
and pass Ordinance Number 6476-00 on the first reading. (V99-13 - DIMMITT)
l&] . and that the appropriate officials be authorized to execute same.
SUMMARY:
.
The applicant is proposing to incorporate the right-of-way of Third A venue North into the existing
operations of the auto dealership.
.
The right-of-way is unimproved, not being used by vehicular traffic and contains no City
infrastructure.
.
Public Works Administration is recommending the vacation of this right-of-way, subject to retaining a
drainage and utility easement.
II
Florida Power, GTE and GTE Media VentLlres have no objection provided the right-of-way is retained
as a utility easement. Time Warner has no objections to the vacation request.
Reviewed by:
Legal ~~
Budget ~_
Purchasing N/A
Risk Mgmt N/A
Info Srvc
N/A
~
Originating Dept:
Public Works
User Dept.
N/A
Costs NI A
Total
Public Works
DCM/ACM
Other
Current FY
Funding Source:
CI
OP
Ot her
N/A
Attachments
Ord. No. 6476-00
Locntion Mnp
Submitted by:
City Manager
Appropriation Code:
V Printed on recycled paper
VACATION 99-13 DIMMITT
:~<~~~
ORDINANCE NO. 6476-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
VACATING THE 60-FOOT RIGHT-OF-WAY OF THIRD AVENUE
SOUTH LYING EAST OF U.S. HIGHWAY 19 AND WEST OF
CHAUTAUQUA AVENUE (FORMERLY MAIN STREET) AND
SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS
RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Lawrence H. Dimmitt, III, owner of real property located in the City of
Clearwater, has requested that the City vacate the right-of-way depicted in Exhibit "A" attached
hereto; and
WHEREAS, the City Commission finds that said right-of-way is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public that the
same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following:
60 Foot Right-of-Way of Third Avenue South lying East of U.S. Highway 19 and
West of Chautauqua Avenue (formerly Main Street)
is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and
interest thereto, except that the City of Clearwater hereby retains a drainage and utility easement
over the full width of the described property for the installation and maintenance of any and all
public utilities thereon. The City of Clearwater shall not be responsible for the removal, restoration
or replacement of asphalt or other improvements lying in this vacated right-of-way.
Section 2. The City Clerk shall record this ordinance in the public records of Pinellas
County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
~~:/
n Carassas
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6476-00
25485
EXHIBIT /I A"
~
NDATH
Scale 1 "- 200'
32/03
If)
tl)
R/W Vocation Requested
By App/ican t
.
0.:::
.
en
C~
~
25289
32/08
CHAUTAUQUA
UNIT 1 SEC. A
Ol 9-52
...-
~ 32/10
3:
:c 25191
.
Ul
.
::) C?
PAR K
33/01
PRESTIGE
PLACE
',.-_. .:: _. :: -.... .,
-
. ..:.. '.. .
.- - "IR AC T "Z- - -
. .
.II'" .. - .. .
TRACT 1
c
c
(0
~
c
li)
(0
C\j
Plo t 8k. 9 Pg. 52
Pinellos County
S-T-R 32-285 16E
Ord. 6476-00
Voc. 99-13
ome: Oimmi
A s Pg. '1-A
Ora . D.King
Dote: 11/04/99
McCORMICK
24945 KEA OFFICE
CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
DRI~
, .1, ,~.. ,!' rll"~.' ;~~:,',I', 'f;-' ''''r.''"~j,, .~'''''' ....:.-', .~ t: ,.',,' ~,'.' 'I ,....'. I >.
. .' >, ~ , J' . '<,' ..., ':.' j" I r ( t~;r . i"-: \'". -', . f.
~
NDRTH
Scale 1"= 1 000'
, . " .r" ,,~.'" ',I '.., I ,t,"': "
Location Map
THIRD AVE. S.
ENTERPPISE
C?D r---1S
RD
L:::J
a FRANCISCAN
FLORENTINE
WAY
FiNLANOIA LA
ECUADORIAN
WAY
WAY
KEN TON
c:=::J 0:
CECEUAo
;J: c=J
~NARY6
~c=J~
MICHAU
CJ
P1HE1.ANO
D
~ DR
~D~OX ~
z I-- ::t
~ 5 ~
:II:: ::t 0
Vl ~ ii
RAYMONT DR
;J:/ Iw
<.
DR
PROJECT
SITE
o
a:
CJ
CHANCERY
McCORMICK
10
LO
tr
vi
AR8ELI ^
BERMUDA
01
o
0::
OR
vi
::i
w
Z
~
:II::
Vl
D BLACK8URN
~
~D
C.R. 576
ROBIN \VOOO
~
Voc99-13
."/~~
(l~~'~ C;EA"....~
("') ........ ~ -j I
~ - ~l
'"~rf'R .~~.."
~'~/II~I
crry OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMlNISTRATlON
ENGINEERING
" "
"',.' .
SUNSTREAM
o()
()
\)
. " , . f . ~ ,.. . .. , ' , . . '. '.... . , ' \) " ' ,~.. " ~ "
).L(~!}
Vacation Number 99-13
"D IMMIlT'
~ vJ d---
UCATIQN REQUEST
PROCESSING SHEET
\J-
PLEASE REVIE\V 11-1IS VACATION IN TERMS OF YOUR PRESENT USE AND FUfURE NEED
FOR THE PROPERIT. INDICATE YOUR CO~lMENTS BELO\V:
REFERENCE ATLAS SHEET NO 244A SECfION 32 TO\X'NSHIP 285 RANGE 16E
1. PUBLIC \VORKS ADMINISlRATION/ENGINEERING/PRODUCTION:
REVIEWfID BY: -:1Jl! j (Jer-- - CHECKED BY: 71t:: DATE: /2 '-1 r- 'l9'
COMMENTS: The applicant is requesting the vacation of the 60 ft. right-of-way of Third
Avenue South lying East of U. S. Highway 19 and \Vest of Chautauqua Avenue (formerly
Main Street). The appIiciIDt is proposing to incorporate the right-of-way into the existing
operations of the auto dealership. 111c right-of-way is unimproved, and there are no existing
City utilities in the subject right-of-way. If the vacation is approved, P\V A / Engineering /
Production ,"vill require that the right-of-way be retuned FULL \VIDTH as a drainage and
utility easement. Aorida Power, GTE and GTE Video have no objections to this vacation request
provided the right-of-way is retllined as a utility easement. Time \X1amer has no objections to this
vacation request.
2.
PLANNING AND DEVELOPtvffiNT SERVlCES:
REVIE\VED BY: r-f CHECKED BY:
COtvfMENTS: tV (c- f2b y-
DATE: 12/~"/;1
3.
SOLID \VASTE DEPARTMENT:
REVIE\VED,~Y: '3 jJae/"
COMMENTS. l,... , 1":
Nfl O'-tj("C~
DATE: jdJ-'{)J-'l1
DATE: /)../:J.I /99
VACATION 99-13 DIMMITT
VACATION REQUEST PROCESSING SHEET.ENG.----REVISED 11/96
1
t,~'
\ '" , . . ," '~,' ,,' I ,,' .' I . , , . l , ,.',' .
Vacation Number 99-13
''DIMMITI'"
VACATION REQUEST
PROCESSING SHEET
PLEASE REVIE\V TIllS VACATION IN TEAA1S OF YOUR PRESENT USE AND FUTURE NEED
FOR TIlE PROPERTI. INDICATE YOUR COM!vffiNTS BELO\V:
REFERENCE ATLAS SHEET NO 244A SECTION.J2..TO\X'NSHIP -2BS..RANGElMi.
5.
FIRE DEPARTMENT:
REVIE\VED BY: (ff3)
COMMENTS: /JI9s )o/J..J
(/ ;:::v R7f/t''/c
/J..I I//9C /9 ?>oJ Cd~.s A..M
e.A..f/ 7'7/t9;J C 1/ /fc./7'"u6}v/1-:-
DATE: lo2ja~/
6.
REVlE\VED:
COlV~lENTS: 1 c....
DAT& /~)f!
7.
PUBLIC \V'ORKS ADMINISTRATOR: ,.
REVlE\VEDBY~ )~
COtv1NIENTS: of::- .
DATE: /~ '-"2" >-p ~
ADVERTISING DATE:
01L01/2000
AND
01/08/2000
PUBLIC HEARING DATE: 01/20/2000
co~nSSION ACTION: APPROVED
CONTINUED
TABLED
DENIED
ORDINANCE NO.
DATE OF ADOPTION
RECORDED IN O. R. BOOK:
PAGE:
LETIER TO PROPERTY O\XINER ADVISING COI\1PLETION OF VACATION
COMPUTER VACATION FILE:
(S: \excel\ vacindex.x1s)
VACATION 99-13 DIMMITT
VACATION REQUE:ST PROCESSING SHEE:T. ENG. ----REVISED 11/96
2
. \ ,. ' , . i ) -I. '_ ' ,. . , \ ~ 'I, . ~ .! ' ..' ~!. . "' > . .
CITY OF CLEARWATER - ENGINEERING SERVICES
100 SOUTH MYRTLE AVENUE - ROOM 211
P.o. &OX 4748, CLEARWATER, FL. 33758-4748
PH. (813) 562-4750, FAX (813) 562-4755
FORM H\JMBER
1311-0104
VACATION
FILING
REgUEST
FORM
1. NAME OF APPLICANT OR DESIGNATED REPRESENTATIVE:
NAME:
LAWRENCE H. DIMMITT, III
PHONE: [727] 791-1818
ADDRESS:
25485 u.s. H1~hway 19 N., Clearwater, FL 33763
HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE
VACATION OF THE FOLLOWING:
. D EASEMENT TYPE:
DALLEY
~ RIGHT-OF-W~Y
D OTHER
2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED, IE: IF IT IS A PORTION OF
AN EASEMENT, DESCRIBE WHICH PORTION, IF IT IS AN ALLEY, DESCRIBE FROM
WHERE TO WHERE OR WHAT LOT/S IT ABUTS, IF IT IS A RIGHT-OF-WAY
DESCRIBE HOW MUCH TO BE VACATED.
All of Third Avenue, as reflected by Lake Chautauqua Subdivision plat,
between U.S. Highway 19 on the west, and Main Street as shown on the
plat on the east.
3. STREET ADDRESS OR SIMPLE LOCATION:
Unimproved platted right-of-way located between Dimmitt Chevrolet
and Dimmitt Cadillac. .
4. PROPOSED USE OF VACATED PROPERTY:
.." . - ".
Said property to be incorpo~ated within e~isting operat~ons..
. . . .
:._::~ ::-'I!-. .... 0'. :.-:..:-...._~".,.. ..;.....-~.. _..:...___-,-'. . ...;.. - ... , --. ,......--.... _0" __.. .,-.,. . ."'"
. - ." ," :0 . .-
5. ZONING OF ADJOINING PROPERTY:
FILE - VACATION REQUEST
FILLING FORH.ENG
FORM REVISED
08/13/97
Prinlod 011 reqded pipet
PAGE 1 OF 3
.fi'
.
. ,
6-. A 1TACHMENTS r
X LAND SU~VEY or PROPERTY IS REQUIRED IF THIS VACATION INVOLVES AN
EXISTING ENCROACHMENT.
'.
...
X O~ING SHOWING PROPOSED USE.or VACATED PROPERTY
(SURVEY, PLOT PLAN, ETC.)
X FILING fE~ PER ORDINANCE NO. 596~-9';
,soo.OO fOR A RIGHT-OF-WAY I ALLEY OR $400.00 FOR AN EASEMENT
'l'HE FOLLOWING LE1'TERS or NO OBJECTION ARE REQUIRED:
(LIst or CONTAC~ PERSONS FOR THE UTILITIES IS ATTACHE~)
x nOlllnA POWER CORPOMfION
K GENERAL TELEPHONE COMPANY
_x GTe - AHERICAST
X ~IME WARNER CABLE
OTHER
7.
NAME AND ADDRESS or PROPERTY OWNER (PLEASE PRINT)
WIHX : .i.tJ. ~ /f e niCe 1/)) lI'VI fW1f;-:LJ1:- PHON! : 1 J. 7 - 7 q / -/ PI J-i
ADDlU:ss~5<1j6 tl5~~~ (!LqlF< ':'~t'r:4FI- ~.=.)'d
OWNERS SIGNATURE =-~ ~ T
-
8.
STATE or FLORIM)
COUNTY or PINELLAS)
The toreqoinq instrument was aeknowledqecl before me thi. 9- /~- t:j 9
--
bl' LA-bVAe/1Ce)), yY'l ty\ ,-If I who 1~r50nal1Y J'~ to me or
who ha! produced _ as ident1t1eation
and who did (did not) take an oath.
12 t~lu~A.
Notary fuolie, Commission No.
....
(Name of Notary typed, printed or stamped)
-., . . -~ .... ... .
.. -- . -... .. -. .. '" ....
. .
..~. . ... .... .. -
-* -- - -. "
I~~~-.r.~:~... N. EICHELBERGER
ie: :'~ MY COMMISSION' CC 694974
~. : EXPIRfS: Dectmbor 7, 2001
~ ..... 80ndId Thru Notaty NIle ~
rILl - VACA'UON UQUISf
rru.n'G rO~.CNG
FONt MVJ5&.D
08/13/97
I'ftNd ClII .qeW ...
PAGE 2 or 3
'. "'1"\ ~~'~;~::"'1~":_",1..~,". .i. ,1< 1, '''~'''''... ~ " ...,."~\; !~, "'f'" c' /'J~':/','t.':"' .~} e:,...l't'.~ :Lj~ "
~
~
rw~
Clearwater City COlnlnission
Agenda Cover MelTIOranduIll
Wcrksession Item #:
Final Aqenda Item #
--1?J
MeetinQ Date:
01-20-00
SUBJECT/RECOMMENDATION: In compliance with Section 2.01 (d)(5) of the City Charter.
adopt Resolution 00-05 dedicatinQ a trianQular portion of Drew Plaza Park containino 584
square feet. more or less. as rioht-of-wav. declarino said parcel as surplus to City needs.
approve a Purchase AQreement with the State of Florida Department of Transportation (FOOT)
for the sale of said parcel for $2,000, and authorize its conveyance to FDOT by City Deed,
(g] and that the appropriate officials be authorized to execute same.
SUMMARY:
· The FOOT has requested the City dedicate the subiect parcel as public rioht-of-wav and
sell it to FOOT for $2.000 to facilitate the proposed w ideninq of Drew St reet from N. E.
Coachman Road to Highland Avenue.
· The subiect parcel is a 584 square foot trianQular corner of Drew Plaza Park, a 40' X 400'
foot linear park at the northwest corner of Drew Street and Hercules A venue identified as
Recreation/Open Space.
· Section 2.01 (d)(5) of the City Charter allows the City Commission to dedicate riQht-of-way
from properties identified as Recreation/Open Space without prior approval of voters at
referendum.
· The Charter also provides that the City may transfer surplus property to another
oovernmental entity if after an advertised public hearinQ the commission finds a valid
public purpose for the transfer.
· An appraisal performed for the FOOT, and updated June 9. 1999, values the parcel at
$2,000.
· FOOT has requested the City approve a Purchase AQreement in the amount of the
appraised value and, at c1osinQ, convey the parcel to FOOT for the state funded Drew
Street improvement project.
· Resolution 00-02 documents the foreqoinQ actions, all of which comply with the City
Charter.
Reviewed by:
Legal ~.Info Srvc NA
Budget NA Public Works NA
Purchasing NA DCM/ACM
Risk Mgmt NA Other: NA
Originating Dept:
Public Warks
User Dept.
Costs
NA
Total
Current FY
Funding Source:
CI
OP
Other
Attachments
Submitted by:
City Manager
Printed on ree. cled paper (Drew Plaza park RW Agn ew b 0100. Doc]
[Xl
None
Rev. 2/98
~'\ . 'r ~: _ \~. - H" "..,' (f.' :\t.: , " ~".~ ':"'~~-' ~ ',~'":t...:.~'f,~~~ t. 11/'; ,,".-.. ",)' ~... ""'''.''-I,..(.,,~~~:v.;\/:''''.~t''''''''''' "....I'1"J; .... "...........~.".....l....\..;~; "'l.~:...'.... it, ';''',;'';.t...;.~.,
[ll!-"=~cator Map: Dre~ Plaza Park JI
DRIVE
~o~
~O'" ~~ ~
D z
0
0
NT ~ 0
IX 0
13 ~ en CI)
4 ~ -
~ ~
.... l()
-
C)
~ ; - ~ ~
lb I~J.
.... 12 1
~~
0-
...
..
3 21
:g t\I <;) ~
01 <;)
~ <l:l 01 01
.... .... ....
01
QJ Ii) ;;
~
- Ol ,.,
II) ~ .,.
....
t;, c:. ~.~
- "/0:
. p
< :>.t
~ .. 6~
... ..
1} I
\l) t\I .b~ <::l
Q) 01 .... <:::l
\l) <I:l g. 01
.... .... >- ...
'lG
~ .., ... "'~ ~
co ~ .... <:::l Cc Q
Non
CIQ GO 00' (b Cl)CI) Cl)
- - .... - - '"'"
..
25 l~~
6 ,..'"
~~ " 3
~- "34/03
--...--
...~
..- --- '.....,
... ...
... ...
""""~
. \~\
~ARY'MONT PARK \ \
\ \
o
10
10
80
....
r-.
~
2-
0
....
~
0
l()
It') 0> l') r, ....
It') I<) l() r, (I)
l() 11 ~
~ 0> ~ ~ ~.
-
101 :)1
u
ffil
:I:
15 14
~ ~ ~ ~~
Q) OJ 0> ">0)
-- ""- ......... .....
STREET
">
~;
8 9
01 10
... ~
01 I Ol
... ....
6, 0
~7
3'0
"0
~
~
~
8
I
~ i "~
~ 17 ~
50
19 18 17
10 HARDING PLA:
[_HARDING PLAZA
I{')
<0
SITE
~~~C\Jg;g~~
?!~2'!",,~~~~
STREET
o
<0
~~rJ~~~~
Q Ol Ol Ol CI) CI) CI)
..... """ ~.... .......--. .....
; 208
CIl
...
Ol
0)
CIl
...
9
4 5 6'"
9
10 11 12
8
,;
~
..3 4 I~ 24 23 22 21 20 19 18 17 16 15 14 13
It
'OQ) 'It 40 ~~ () ... ~ ~ "0 '0 ~~ ~~ Q)C) ~.... <::l
Q)Q) ~ ~ () () <:) <::l 0... .... c,.0') ;S... 'It
Q)~ ~ 1IO 0) 01 ~ ~ CI)CI) ~ 0l0l O)~ ~O) ... II) I ~ 80
....- .... ... ... - - - .... .... .... ...
ST. S.R. 590
- - - -
i 'O~-- &0 ~i~~~ "C~ .... 0) I()t-.~ 60 ~
~....... Oi 0; t:: '"'"
~~~ ~o.Cll '"
....... ..........~ -
-....- .... -
. 289A
0()
to
DREW PLAZA PARK
~
I "..
0
10
....
C)
C)
1 CIf
2
U7
3
413
A
4
409
---!
5
405
403
o~ "I
00 <:>
401 00 <:>
CIl t\I CIl
...
()
()
t\j
2
309
.3
.-,
-{B:~
'-
4
305
303
5
301
0
ID
215
1
219
211
'"
209 2 ((
3
50
g4
<:)
C\f
....
g TR. A.
CIl
2S9E
",' . . ,-' : , ....., , ' ',. .I'. n ., ':.. I, ~. ," . .' ,.. ~'...' , I " - '... ._ ,-. . . . ',"', . ", ",' ,'.
'.
RESOLUTION 00-05
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
DEDICATING A PORTION OF DREW PLAZA PARK AS PUBLIC
RIGHT OF WAY, DECLARING SAID RIGHT OF WAY AS
SURPLUS TO CITY NEEDS, AND AUTHORIZING EXECUTION
OF A PURCHASE AGREEMENT FOR ITS CONVEYANCE BY
CITY DEED TO THE FLORIDA DEPARTMENT OF
TRANSPORTATION TO BE UTILIZED FOR TRANSPORTATION
PURPOSES.
WHEREAS, the State ot Florida, Department of Transportation proposes
to construct or improve State Road No. 590, Section 15050-2501 (Drew Street),
in Pinellas County, Florida: and
WHEREAS, it is necessary that certain lands now owned by the City of
Clearwater, Florida, identified as Parcel 168.01 of said project, be acquired by
the State of Florida Department of Transportation: and
WHEREAS, said lands are designated as recreation/open space on the
City's comprehensive land use plan: and
WHEREAS, 92.01 (d)(5) of the Clearwater City Charter provides that the
commission may dedicate right-ot-way from properties identified as
recreation/open space without prior approval of voters at referendum: and .
WHEREAS, S2.01 (d)(5) of the Clearwater City Charter further provides
that if the commission determines said lands dedicated as right-of-way are not
needed for a municipal public purpose, they may be declared surplus and
transferred to another governmental entity after an advertised public hearing has
been held, and a finding by the commission of a valid public purpose for the
transfer: and
WHEREAS, the State of Florida Department of Transportation has
provided the City with a copy of an appraisal update letter valuing the parcel at
$2,000 as of June 9,1999; and
WHEREAS, the State of Florida Department of Transportation has
delivered a Purchase Agreement and made application to the City of Clearwater
to approve said Purchase Agreement and, upon payment of $2,000, execute a
deed in favor of said agency conveying all rights, title and interest that the City
of Clearwater has in and to said lands required for transportation purposes, and
said requests having been duly considered:
. '. . . . . 1/, '.' . ^.:.' , '
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER, FLORIDA:
Section 1. A portion of a tract marked "Park" lying south of Slock 25,
as shown on the plat of Marymont, recorded in Plat Book 14, Page 39, of the
Public Records of Pine lias County, Florida, commonly known as IlDrew Plaza
Park", being designated as recreation/open space on the City's comprehensive
land use plan, and being more particularly described in EXHIBIT "A" attached
hereto, is hereby dedicated as right-of-way.
Section 2. Said lands are not needed for a municipal public purpose
and are hereby declared as surplus.
Section 3. The application to the City of Clearwater made by the State
of Florida Department of Transportation to approve a Purchase Agreement and
deliver a deed to said lands for transportation purposes upon payment of $2,000'
is found to be a valid public purpose for the transfer of title to said lands.
Section 4. The City Commission hereby authorizes the City Manager to
execute a Purchase Agreement as herein stipulated and a City Deed, both to be
countersigned by the Mayor-Commissioner and attested by the City Clerk
conveying all of the right, title and interest of the City of Clearwater in and to
said lands to the State of Florida Department of Transportation for the herein
referenced project upon payment to the City of the sum of $2,000.
Section 5. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
12,000.
Brian J. Aungst, Mayor-Commissioner
Approved as to form
and legal sufficiency:
~ -?
---John Carassas, Asst. City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
, . " '! . J1 .".' .'. '. I / '. I '.' ,,', ':"\ /: ! I
EXHIBIT "A'
{Page 1 of 2}
LEGAL DESCRIPTION - PARCEL 168.01, S. R. 590
That part of:
Drew Plaza Park, labeled as "Park", and lying south of Block 25, on
the plat of Marymont, recorded in Plat Book 14, Page 39, of the Public
Records of Pinellas County, Florida, being in Section 12, Township 29
South, Range 15 East, Pinellas County, Florida.
More particularly described as follows:
Commence at the Northwest corner of said Drew Plaza Park; thence
along the West boundary of said Drew Plaza Park, S 00020'07" W,
12.192 meters (40.00 feet) to the Southwest corner of said Drew
Plaza Park; thence along the South boundary of said Drew Plaza Park
5 89025'00" E, 115.405 meters (378.62 feet) to the POINT OF'
BEGINNING; thence N 44039'35" E, 14.700 meters (48.23 feet) to a
point on the East boundary of said Drew Plaza Park; thence along the
East boundary of said Drew Plaza Park, 5 00017'17" W, 10.561
meters (34.65 feet) to the Southeast corner of said Drew Plaza Park;
thence along the South boundary of said Drew Plaza Park, N
89025'00" W, 10.280 meters (33.73 feet) to the POINT OF
BEGINNING.
Containing 54.3 square meters (584 square feet), more or less.
~
.
>-
5
~
D-
r-
<(
z
z
u
z
-
o
~
.
r-.
o'
. o. ,....
0000..
r-"o~........
o ~ .-
c
If)
EXHIBIT II A"
~
NORTH
Scale 1'-100'
(Page 2 of 2)
H ARDI~~G ST.
~o\,\\
~ ~?-"{ @ O.:}?;
,f\ ? ~
? .t).
DREW PLAZA N 44'39'35- E
4-8.23"
eW P0zo A
Dr 40~'(P) 412.3S.(M) OrI:-
S 89~5'OO" E 378.62'
o
P.O.B.
DREW ST. (S.R. 590)
r:....:....] = loco/ion Of FOOT Right-Of-Way
Boundary Information Provided By FOOT
This Is Not A Survey
CITY OF CLEARWATER. FlORIDA
PUBUC lORKS ADMINISTRATION
ENGINEERING
.
W
>
<{
(f)
W
-.J
::J
()
0::::
W
I
==
s
r--_
:-&1')
r-- (0
:- .q'
\ ~.,
N 89'25'00- W
33.73'
L
I
FOOT Right Of Way Sketch
S- T -R 12-29S-15E
Lg199-16 12/01/99
This Is Not A Survey
Drown By: C.King
~~./. .:':'..~... .....,.... I, ...~.....,..~j '* ';',' .... ....1.' J.. ,-'" .;;., ,f.:. ", ,l'"n '. .'.). l': ..':,1 '. II'
'0
rwL
\3
'.:..~
..
STATE OF FlORIOA DEPARTMENT OF TRANSPORTATlON
PURCHASE AGREEMENT
FORM 575-030-07
RIGHT OF WAY
OOC . OMQ
Page 1 of 3
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F.A.P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
2570331
Seven
1464-012-u
590
Pine/las
168
THIS AGREEMENT is made by and between:
City Of Clearwater, Real Estate Department
hereinafter referred to as SELLER and the STATE OF FLORIDA for the use and benefit of the State of Florida Department of
Transportation, hereinafter referred to as PURCHASER. .
WITNESSETH
For and in consideration of the mutual covenants and conditions herein contained, SELLER hereby agrees to sell and PURCHASER
hereby agrees to buy the following property or interest therein, upon the following terms and conditions:
I. DESCRIPTION
(a) [8] Real estate or interest therein, identified as parcel 168 and shown on Right of Way Maps for
ITEM/SEGMENT NO.: 2570331 incorporated herein by reference.
[8] Fee Simple
o Permanent Easement (Section III.(b) does not apply)
o Temporary Construction Easement (Sections III.(b), III.(c) and III.(d) do not apply)
o Leasehold Interest (Sections III.(b and c) do not apply)
(b) 0 Personal property identified as follows:
N/A
(c) 0 Outdoor Advertising structure identified by permit number:
(Sections 1II.(b and c) do not apply)
II.
PURCHASE PRICE
(a) Amount to be paid by PURCHASER to SELLER at closing including fees and costs.
(b) Amount to be paid by PURCHASER to SELLER upon surrender of possession
(c) Itemized purchase price, fees and costs
Land and Improvements
Real Estate Damages
(SeveranceJCost-to-C ure)
Business Damages
Attorney Fees
Appraiser Fees
ODA Structure
other
$
$
2,000.00
$
$
$
$
$
$
$
2,000.0~
0.00
0.00
0.00
0.00
0.00
(Specify)
$
(Specify)
TOTAL PURCHASE PRICE INCLUDING
FEES AND COSTS $ 2,000.00
III. CONDITIONS AND LIMITATIONS
(a) It is mutually understood that this Purchase Agreement is executed by PURCHASER subject to final agency
acceptance. Final agency acceptance shall denote final approval of the purchase price and all terms and conditions
contained in this Purchase Agreement and constitutes the effective date of this agreement A closing on this contract
shall not be transacted prior to final agency acceptance. Notice of final agency acceptance shall be evidenced by the
signature of the Purchaser In Section VII herein and delivery to SELLER not sooner than 30 days from the date of the
negotiato(s signature in Section VI.
(b) SELLER is responsible for all taxes due and owing on the property as of the date of closing.
@ SELLER agrees that all current taxes for the year in which this aQreement is made on the property acquired shall
be prorated and SELLER agrees to pay his andlor her share of said prorated taxes as of the date of closing.
o SELLER agrees to pay all taxes for the current year.
...
, ,.. - . . . ',. , . '\ ~ " . ~
..
SIGNATURE PAGE (SELLER)
RE: PURCHASE AGREEMENT
PARTIES: CITY OF CLEARWATER! FOOT
Page 3 of 3
Countersigned:
ITEM/SEGMENT NO.:
MANAGING DISTRICT:
F. A. P. NO.:
STATE ROAD NO.:
COUNTY:
PARCEL NO.:
2570331
Seven
1464-012-~
590
Pinellas
168
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst, Mayor-Commissioner Michael J. Roberto, City Manager
Approved as to form: Attest:
assas, Assistant City Attorney Cynthia E. Goudeau, City Clerk
.'
EXHIBIT ~A'
(Page 1 of 2)
LEGAL DESCRIPTION - PARCEL 168.01, S. R. 590
That part of:
Drew Plaza Park, labeled as "Park", and lying south of Block 25, on
the plat of Marymont, recorded in Plat Book 14, Page 39, of the Public
Records of Pinellas County, Florida, being in Section 12, Township 29
South, Range 15 East, Pinellas County, Florida.
More particularly described as follows:
Commence at the Northwest corner of said Drew Plaza Park; thence
along the West boundary of said Drew Plaza Park, S 00020'07" W,
12.192 meters (40.00 feet) to the Southwest corner of said Drew
Plaza Park; thence along the South boundary of said Drew Plaza Park
S 89025'00" E, 115.405 meters (378.62 feet) to the POINT OF
BEGINNING; thence N 44039'35" E, 14.700 meters (48.23 feet) to a
point on the East boundary of said Drew Plaza Park; thence along the
East boundary of said Drew Plaza Park, S 00017'17" W, 10.561
meters (34.65 feet) to the Southeast corner of said Drew Plaza Park;
thence along the South boundary of said Drew Plaza Park, N
89025'00" W, 10.280 meters (33.73 feet) to the POINT OF
BEGINNING.
Containing 54.3 square meters (584 square feet), more or less.
'. . . .', ',. . I ,- It' ,,} IJ"~.' ",;..... "",..'. ".:~','.'t, 1;'1"'..(1 '.. ~;. . ',;.....': ,.... ~ : ~\: "y ~ ..~_
~
.
>-
s
~
CL
f-
<(
Z
Z
U
Z
U
?;
EXHIBIT 1/ A"
~
NORTH
Scale 1'-100'
(Page 2 of 2)
HARDING ST.
\J\O~\
\l\ ~~'< @ 0)9
'\J~ ? ~
? .'0.
DREW PLAZA N 44'39'35" E
4-8.23'
I
'"
o'
. o. _
CO 00..
('>j ci ~ '-"
o ~ .-
c
V1
reW Plaza Por.
o 40G'(P) 412.3S'(M) ~
S 89"25'00" E .378.62'
o
PO.B.
DREW ST.
(S.R-
590)
,
W
>
<{
if)
W
-.J
:)
U
cr:
w
:r:
~
L
"'.
:-Ln
"'to
... :--.i
\ ~~
N 89.25'00" W
.33.73'
[..~.....] = locotion or FDOT Right-Or-Way
Boundary Information Provided By FOOT
This Is Not A Survey
CITY OF CLEARWATER, FLORIDA
PUBUC WORKS ADMINrSTRATfON
ENGINEERlNG
;.,.\
~.
I
FOOT Right Of Way Sketch
S-T-R 12-29S-15E
Lg199-16 12/01/99
This Is Not A Survey
Drawn By: D.King
t . "I. ' ,..' . t I '" \ . (' ,!. . .'. ' , , , " '.' ~ " ;', " f.' ", , ~', , "~, J It . , .. I tit \" - , " .
f'
ThIs Instrument prepared by,
or under the direction of
Department of TransportatIon
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL: 168.01
WPI/SEG : 7117121/2570331
S. R. NO. : 590
COUNTY : PINELLAS
SECTION : 15050-2501
MANAGING DISfRIcr: SEVEN
FOUO # : N/A
Legal Description Approved:
Date: 06/19/98 By: Roger P. Whitley
BSD. 05
CITY DEED
THIS DEED, made this day of , 2000 by the CITY OF
ClEARWATER, a municipality of the State of Florida, grantor, to the srATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, 11201 N. McKinley Drive, Tampa, FI. 33612, grantee:
(Wherever used herein the terms \~grantor" and "grantee" include all the parties to this
instrument and the heirs, legal representatives and assigns of individuals, and the successors,
and assigns of organizations).
WITNESSETH: That the grantor, for and in consideration of the sum of $1.00 and other
valuable considerations, receipt and sufficiency being hereby acknowledged, hereby grants,
bargains, sells, aliens, remises, releases, conveys and confirm unto the grantee, all that certain
land situate in Pinellas County, Florida, vis:
That part of:
Drew Plaza Park, labeled as "Park", and lying south of Block 25, on the plat of t-1arymont,
recorded in Plat Book 14, Page 39, of the Public Records of Pinellas County, Florida, being in
SEction 12, Township 29 South, Range 15 East, Pinellas County, Florida.
More particularly described as follows:
Commence at the Northwest corner of said Drew Plaza Park; thence along the
West boundary of said Drew Plaza Park, S 00020'07" W, 12.192 meters (40.00 feet) to the
Southwest corner of said Drew Plaza Park; thence along the South boundary of said Drew Plaza
Park 5 89025'00" E, 115.405 meters (378.62 feet) to the POINT OF BEGINNING; thence N
44039'35" E, 14.700 meters (48.23 feet) to a point on the East boundary of said Drew Plaza
Park; thence along the East boundary of said Drew Plaza Park, S 00017'17" W, 10.561 meters
(34.65 feet) to the Southeast corner of said Drew Plaza Park; thence along the South boundary
of said Drew Plaza Park, N 89025'00" W, 10.280 meters (33.73 feet) to the POINT OF
BEGINNING.
PARCEL 168.01 PAGE 1
".' " ' ,', ','. \. . '. I",'. ...' '\', ' ' ' ,
"
This instrument prepared by,
or under the direction of
Department of Transportation
Containing 54.3 square meters (584 square feet), more or less.
TOGETHER with all tenements, hereditaments and appurtenances thereto belonging or
in anywise appertaining.
TO HAVE AND TO HOLD, the same in fee simple forever.
IN WITNESS WHEREOF, the said grantor has caused these presents to be executed In its
name by it City Manager, countersigned by its Mayor, and its seal to be hereto affixed, attested
by its City Clerk, the date first above written.
Countersig ned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst, Mayor-Commissioner
Michael J. Roberto, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
STATE OF FLORIDA
COUNTY OF PINELLAS
: 55
BEFORE ME, the undersigned, personally appeared Brian J. Aungst, the Mayor-
Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and
aCknowledged the execution thereof to be his free act and deed for the use and purposes herein
set forth, and who is personally known to me.
WITNESS my hand and seal this
day of
, 2000.
Notary Public - State of Florida
Print/type name
PARCEL 168.01
PAGE 2
. " 'H'. ,
This Instrument prepared by,
Or under the direction of
Department of Transportation
STATE OF FLORIDA
COUNTY OF PINELlAS
: 55
BEFORE ME, the undersigned, personally appeared Michael J. Roberto, the City Manager
of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the
execution thereof to be his free act and deed for the use and purposes herein set forth, and who
is personally known to me.
WITNESS my hand and seal this
day of
, 2000.
Notary Public - State of Florida
Print/type name
Approved as to form and correctness:
~Q ~
Jo rassas, Assistant City Attorney
PARCEL 168.01
PAGE 3
~
.
>-
~
~
0-
I-
<C
Z
Z
U
Z
U
3:
EXHIBIT "A"
~
NORTH
Scale 1 '-100'
HARDING ST.
\J\O~\
\J\~\Z'< @ ~g
'\ A ?~.
? .b.
.
w
>
<(
(J)
w
~
:J
o
cr::
W
I
DREW PLAZA N 44'39'35" E
48.23'
;:
.
,....
o'
. e._
eO eeL
Nc5~--
o v .-
o
V1
DeW Plaza PQ
r 400'(P) 412.35'(M)~..r
S 89'25'00" E 378.62'
<)
P.O.B.
,.....
:- 111
,.... (0
:-.q:
\ ~"'
N 89'25'00" W
33.73'
DREW ST.
(S.R.
590)
I
r"~] = Location Of FOOT Right-Of-Way
Boundary Information Provided By FOOT
This /s Not A Survey
L
I
FOOT Right Of Way Sketch
S-T-R 12-29S-15E
Lg199-16 12/01/99
This Is Not A Survey
Drawn By: a.King
CITY OF CLEARWATER. FLORIDA
PUBUC WORKS ADMINISTRATION
ENGINEERING
Jan. 20, 2000
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
eLb3
R nal Agenda Item #
Meeting Date:
1ft=-
SU BJECT IRECOM MENDA TION:
Rezoning for property at 608 Orange Road; Owner: Jerry and Linda Gilliam.
MOTION: APPROVE a Zoning Atlas Amendment from Low Density Residential (LOR) to Medium
Density Residential (MDR) for 608 Orange Road and pass ordinance 6491-00 (Z99-10-01).
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. The applicant is requesting a rezoning from Low Density Residential(LDR) to Medium Density
Residential(MDR) on approximately a .21 acre site located at 608 Orange Avenue.
. The site currently is developed with a single-family house on the east platted lot and a second
platted lot located to the west which fronts Lime Avenue is vacant. The rezoning will allow
development of one single-family house on the west vacant lot.
o The proposed land use amendment and rezoning is consistent with the Clearwater
Comprehensive Plan Future Land Use Objective 2.5 which states that compact urban
development within the urban service area shall be promoted through application of the
Clearwater Land Development Code; and policy 2.5.1 which states the development or
redevelopment of small parcels [less than (1) acre] which are currently receiving an adequate
Level-ot-Service shall be specifically encouraged by administration of land development and
concurrency management regulatory systems as a method of promoting urban infil!.
. Based on analysis of compatibility, the proposed land use amendment and rezoning is compatible
with the immediate surrounding existing institutional(church) and residential uses.
. There are sufficient public facilities to accommodate the proposed use which will not be
degraded.
It The proposed rezoning will be in character with surrounding uses and will not adversely or
unreasonably affact the use ot other property in the area.
Reviewed by: Originating De Costs
Legal Info Svc NJA Planning and Total
--
Budget NJA Public Works NJA User Dept.: Funding Source:
Purchasi ng N/A DCM/ACM Planning Current FY CI
Risk Mgmt NJA Other Attachments: OP
Othe
o rdi nances r
&Jbmitted by: o None
City Manager A ro riation Code:
Agenda Cover Memorandum
Summary Sheet
299-10-01
Page 2
.: ',^.. ~ ~: ~..,.; ~~'. ".
. The location of the proposed Medium Density Residential(MDR) boundaries are logical and an
appropriate continuation of the MDR located to the north. The district boundaries are
appropriately drawn with regard to locations and classifications of streets, ownership lines,
existing improvements and the natural environment.
. The Community Development Board met at their scheduled public hearing meeting on December
14, 1999 after which they recommended APPROVAL of the rezoning to the City Commission.
.-..----------l
l
I
------,-~-_. --._-._.-_.._._----_.-_.~---- - - ~---_..__.__. --..--...-<--.-----"-.--------------
I .
LoCo tlorl
i\ia p
NORTH
; "= ?o('
- ~
I~~\ CITY OF CLEARWATER. FWRlDA
t: 61 PUBLIC WORKS ADMINISTRATION
\\. - ~I
"'~j,.,i ENGINEERING
~
NORTH
'''='320'
Location Map
Jerry & Lynda Gilliam
608 Orange Ave.
Z99- 70-01
~
r 0 ffiDD
00 5T DLJ
~ SEWlHW Sf
GO / IlL] 0 [;J D~I I
~." dl fill IS~..~ c::J CJ Sf
:;) III "'APl! ~ II 5Ffr'
~g[j Dc~ r:::;:r !S! . ~
'"""".' ;/f1 ~D ~ < < ·
1]; >Sf 0 D~O 0 r~
o Q [][] 0 I~U' Q 0 DiDiDi
....00 I[].D D~D D~~o~ [ST ~A-
II> ~l.AlJRA ~I~ ~ 0 ~ I Sf ~~
o ilU~DDD~1 P I
dDiD 0 D~CJ I ~ Oil S
""",l! 51 ~op D~I"':j~ Sf Sf I 0 ;u~
C1 Dt~ 9 ~ ~IFI: ;011]
~~D'~: I 0 Er~. w~ -l ! "
~I' ~~p! (~:, "~ ~ b'd ·
JA,5W..E 1lI.",Y ~ 'IIAY
/ I~ I ~ D D ~ ct
0{ II I LJD!l!D
LOTUS PATH ~ C PATH
i\ I L--.-J L-J 0 D
d~ D~D 0=0 Q!TD~D!D
~ ~~ D~D D CJ:3D ~
PlNaL.AS ....
RIO<[R ~ CJLJ~D D ~~
~,';7 ~ i " ," " .. C?~ D~D~D~n~
~ I.Al< Pi · ~ !AlTH W
'L.-) 0 ~ z
Ai
~
-
i:..~ CITY OF CIEARWATER, FLORIDA
u~~\
l~~~ PUBLIC WORKS ADMINISTRATION
~"'rEll 5~ ENGINEERING
.....-,.,.,-
~\ \ \., Or{\!\
R CE, 6491.QO
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED BETWEEN ORANGE AVENUE
AND LIME AVENUE AND BETWEEN TURNER STREET AND
PEACH STREET, CONSISTING OF A PORTION OF LOT ONE,
BLOCK SIX, ACCORDING TO A MAP OF STARR AND SAVERY'S
ADDITION TO CLEARWATER, WHOSE POST OFFICE
ADDRESS IS 608 ORANGE AVENUE, FROM LOW MEDIUM
DENSITY RESIDENTIAL (LMDR) TO MEDIUM DENSITY
RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Prop~
The north 55 feet of Lot 1, Block 6, Starr & Savery's
Addition, as recorded In Plat Book 1, Page 97 I
Public Records ot Pinellas County, Florida
(Z 99-10-01)
Zoning District
From: Low Medium Density
Residential (LMDR)
To: Medium Density
Residential (MDR)
Ordinance No. 6491-00
Section 2. The Planning and Development Services Administrator 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.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall- ides
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
~~~
......I'~ ," ~l 'I'...." .','I.....~:; 'ft.} ,I. ,'..,.. .., ~__',l.\'" I.;.... ....-':....:..._1....:.: tt'~rJ~<~'t4~/Jr ",',:',' ....~.\. .:~.'f :,,:, ..:..;:.:":", .:;" .,'.:. ..,~..f. .,';~ . . ,. .':~,I ~~ tl'..'
/ .L .L"~~V lJ.L:..I OV 4 J 40 J8
CONDO REPLAT L 1 4 .3 2
I.P.F. No 1 7.3 76 ~
26-90 a 0- 7 ,
Cl I
Q:l 2!
l I ~ - ~
ROCERS STREET ROGERS . TREET 0
.
~~ g; ~/n D I a) I ~
.., 20 s~d ~
C)
~---- ~~ ...
o ......- I i JB I
I ~,-, HARBO R 411<\'l~~~ J 12 ;
~ OAKS 4 , I I
I
I. r . r ~ :). 1:' 2 'J 5 I I I.
~8' PLACE I - :-. ..
I i ~:~ ~.v ~~ , " '" 5281 4
t.~~ CONDO ,I 5 6 Z~ ~ , 1.1')- '521
~8 5 "7:,./ 8 1
S:f....(J 14-21~ o 0 ~ ~~
o ... ... 5:14
... ... ..
..
f.,r;J TURNER ST. ~ 4~
~ ~
L~RY GROVE 1\1 FJ:~E~~' I ~I "<<k ~I ~ .~ I 4ij
:~ ,~~ ~r ~
CONDO. 35115 I I t"4 ... .. 0 'I
'" '" .., . ,
601 j '2 1 4 ' 600l&, 60f Ii
I.F.F. No. 1 372 ~- I I I 4 ~04 ~ 602:: .
I CJJiELO~~:'" ~ 1.3 2 1. .3 604 ~2 ,I
~ 2m I---- -~ 41'
CONDO 91-106~ ~~ ~I !S07 .3 608 !.. I
606 607 , r 607 ~
I RT. l.lARKLEY I~@- 50~ lJ09 608 .J2~
~ A 2 609
, 610 I
I.F.F. No. 172 5 6tO I~ SH~RE 612 2 (2) 60 I
j 10-29 61t 1(. ~ 611 1/2 611 i
t ---:
, ~ 4 ~~KS 1 I 613 _ 3.; y 61::S 613
o J5 ~ 8 35 614 615 .3 612 61 4A ilJ' ,...,6t2 R
F.P. No. 17483 1 9 8 4 & 6t" ~~ t:.6 r! :)
288 ;: C PEACH ST. ~ o"'~
- .. ~~~
~, 11 Z1 I:;,.,,~ r.J D !R , VACA";'(O 802. . 2155 J ~
... PINE ...:t:. T ~
OTTIS I ~~ 6 I~ 700 701 .., ~D~R 701 j
2 , 702 703 ~
~ 700 ~~ - C 12 701 A 1 w 2j
J 703 j D :J ---,
L R' ~~ J~ I (P\V) 12 \~ :z . , 70S:
~ ~ 40 70-t ~ ----,
~ Vlf I 4 ~ ~ 5 70S 4 J -----i
.... 0 ~
00 D E F 701, o_ 5 , 707 704 ::/
o. 17457 I r-'w ---.. .., l7'l ~
TRACT R O. .707 7C5 'j.; 707 :
81 _ ( a..; !l 2 .31 29 271125 ~'~ lJlij LJ
" '-- ':q~ ~. ~ ~
o ~ ~ 711 I C) I Ie I
/ 800li ~. ., I "l 60 ~ JJ ~ :
8 DRUID ROAD r
I
;;1 I
J ( ~I I .., I 80 I ... IS ; " I
~ C)
- ... I I
PROPOSED REZONING
FROM:
TO:
Jery & Lynda Gilliam
PC Box 67377
S:. Pete Beach, Fl.
LAND USE PLAN ZONING
LMDR
MDR
C..e:
Z99-10-01
OWNER:
ATLAS PAGE: 2958
COMMUNITY DEVI:LOPMENT IOAlIDecem!:>er 14, 1999
PROPERTY DI:SCRIPTION:
608 Orange Avenue
See Attached Leg81
PROPERTY SIZE AC2.ES: 0.21
Rllht-o(-w.,.: ACRES:
SEe: 16 TWP: 295 RANGE: 15E
I CITY COMMISSION: January 20, 2000
Z99-0i .dwa
Prepared by: EA- Public Works Administration
Ordinance No. 6491-00
, .
r~ 14
c c. \. a 0.00
3~ ~ La+l.t"'S f cJh
33QSl;o
CLEARWATER. FLORIDA
January 18, 2000
Commissioners of Clearwater, Florida
c/o Cynthia Godeau, City Clerk
City of Clearwater
P. O. Box 4748
Clearwater, FL 33758
RE: Ordinance No. 6491-00
Dear Commissioners:
The Harbor Oaks Association, and the home owners in Harbor Oaks, have
consistently over the years sought to preserve its unique single family residential
character. The efforts of its homeowners, in cooperation with the City of
Clearwater staft~ have succeeded in registering this unique single family
residential area in the National Register of Historic Places.
It is our understanding that" Ordinance No. 7491-00, if approved, would set an
undesirable precedent in increasing the density currently allowed by the zoning
codes of the City of Clearwater.
This could adversely effect the residential character of the buffer zone adjoining
the Harbor Oaks historic neighborhood. An increase in density would also increase
the number of vehicles and traffic congestion on the narrow two lane streets in this
area. This '\vould orily result in a detrimental effect on the values of properties in
this area.
'The Harbor Oaks Association, acting on behalf of its membership, respectfully
requests you protect the ambiance and character of Historic Harbor Oaks by voting
NO on the proposed ordinance.
Yours sincerely,
j J Jli;;;:dt .~
C ,.~-~ ()
Cedio S. Saltarelli
President
DEDICATED
NEIGHBORHOOD
BETTERMENT
T 0
, . ' . , . \ '. 1_' ,',~ .' ...' \ ' . ;" .')' . , " , ., ' \ " , ,
c.v . c-( ?J- /
v~.,}\
<Q- J\4~
January 20. 2000
Planning Department
A TTN: Cyndi Hardin
100 South Myrtle
Clearwater. Florida 33756
RE: Amending the Application for Z 99-10-01
Dear Ms. Hardin;
We request that the application for case Z 99-10-0 I be amended to rezone 608 Orange
Avenue from Low Density Residential (LOR) to Low Medium Density Residential
(LMDR), Our intention is to build a single-famiiY house on the vacant rear lot which is
also allowed by the LMDR district.
If you have further questions or need additional information, please contact me at 367-
3677. Thanks for y ttr assistance,
,'~
~,
Sincerely,
/'
/
!'k1 (f' ~ ~f(/;1 t
Jerr I 'l1'/1' J
AppH'C ntfProperty Owner
, I ~ ~ . t I' ' I t'J. . . , ' , .
t ,", '~~:',J::;;7";.',":i.:'~t:,';:'\:,;T"\:'.~':".;~.~';""-";"",;'.~.' ~'.,'. d..'''., .~" p/ ;'
. Item #15
~ ;'1
/79Co
'I;'''~_';:.''.'T '-'.;';l,'J':....'I,t'1.(~..\ ";;" "1,v,1_"1~'.~."~1.;J.:\=~~"J',,I.."!_" ~,..w~!~.~.},'~':f,~I<'::.j-'O,~""'2",":),1 :.:,..... ':l.,,'..~~." .t'~.'4'//I.t'I'''': r(/:'~f"''''~''r.'~'''';'~'.,..t'~'>/O~;t'~I'''-'"-''';:~''~:'':~::'4~
f Lb t1
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Rnal Agenda Item #
Meeting Date:
]5 _
Jan 20, 2000
SUBJECT/RECOMMENDA TION:
Rezoning and Land Use Plan amendment for property at 2463 Gulf to Bay Boulevard; Owner: Sunny
Grove Mobile Home Park, Frank E. Struchen.
MOTION: APPROVE a Zoning Atlas Amendment from Mobile Home Park (MHP) to Commercial (C)
and APPROVE a Land Use Plan Amendment from Residential Low
Medium (RLM) to Commercial General (CG) and pass ordinance
6492-00 and 6493-00(LUZ99-1 0-04).
o and that the appropriate officials be authorized to execute same.
SUMMARY:
· The applicant is requesting a Land Use Plan Amendment from Residential Low Medium (RLM) to
Commercial General (CG) and a zoning change from Mobile Home Park (MHP) to Commercial(C)
on approximately a 1.61 acre site located at 2463 flulf to Bay Boulevard.
. The site currently is developed with mobile homes. No relocation of residents will be necessary
at this time.
Cl The proposed land use amendment and rezoning is consistent with the Clearwater
Comprehensive Plan Future Land Use Objective 2.5 which states that compact urban
development within the urban service area shall be promoted through application of the
Clearwater Land Development Code.
. Based on analysis of compatibility, the proposed land use amendment and rezoning is compatible
with the immediate surrounding existing retail, office and mobile home park uses.
~ The proposed amendment is consistent with the Countywide Plan and the purpose and locational
characteristics of the Commercial category which identifies this use as depicting those areas of
the County that are now developed, or appropriate to be developed, in a manner designed to
provide community and countywide commercial goods and services; and to recognize such areas
as primarily consistent with the need, relationship to adjoining uses and with the objective of
encouraging a consolidated, concentrated commercial center providing for a full spectrum of
commercial uses. This category is generally appropriate to locations in and adjacent to activity
centers where surrounding land uses support and are compatible with intensive commercial use;
and in areas in proximity to and with good access to major transportation facilities.
N/A
N/A
Originating De :
Planning and
Uear Dept.:1'\]) ~
Planning ~
Attachments:
Costs
Reviewed by:
Legal
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info S-Vc
Public Works
DCM/ACM
Other
Total
Current FY
Funding Source:
CI
OP
Othe
r
Ordinances
SJbmitted by:
City Manager
o None
U Print..... nn ,...,.,........ ""'..,..,.
. . .' . ,'l;- . I' < '~ .' . "" . -. J<. '
Agenda Cover Memorandum
Summary Sheet
LUZ99-10-04
Page 2
· There are sufficient public facilities to accommodate the proposed use which will not be
degraded. However, the current Level-of-Service for Gulf to Bay Boulevard is at its lowest grade,
and there is potential for added congestion.
,
.,
· The proposed land use amendment and rezoning will not impact the natural environment.
· The proposed land use amendment and rezoning is consistent with the Community Development
Code and City Regulation requirements.
· Per Florida Statutes, the City is required to determine if suitable facilities exist for the relocation
of mobile home residents. Currently, residents will not need to be relocated and will be allowed
to continue living at their existing location. It is the property owners' responsibility to follow the
proper process if relocation is necessary in the future. The City of Clearwater has committed in
its Comprehensive Plan to assure an adequate supply of affordable housing. Clearwater should
have sufficient facilities to accommodate any potential relocation should it become necessary in
the future.
. The Community Development Board met at their scheduled public hearing meeting on December
14, 1999 after which they unanimously recommended APPROVAL of the plan amendment and
rezoning to the City Commission.
. , .:'. 1 it '. ,~ " . r' t,' , ~ ~ . ~ . . I. t J. ,1 ,~ / I
~
NORTH
1 "=200'
Loca tion
Map
"",.",N"",,--
,1'-( c;.EAi..._....
1\~Mi\
(J ,I" . "
l~' ~ 61
\~'(- '#l
:'~~rER ~ Ii
''''''UN'''''
CITY OF CI..EARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
:': . i' ....!---t~~"...::. l :. :'i'" ,. ~ ~ . (... "''', ".. ' '. ~ ~~. '~",'": r.t ,. "'.~ .. ',': " ,', . ".. Ii' , \,/:: - '. \ l'-~ . I .' '# '. .: l f ~ ..'~. .... ,1"7 - ; :;~ ' _ ',~ ,. ~: . ....:.' '~d ~" ..... \. ~ . ' '. ~ ') ..' t-, l .. ,_ .........,..'; . ~ 'I ~ '.. .... .. ~".....'... . ,.......{ .' ~ '. ,.; ! ~ \ ,,' . ;"'t '.. _. . ,J ,..1',.....
~
NORTH
1"=1320'
jfC)! 0
PALMETTO 51 C.R. ~
Location Map
SUNNY GROVE MH~ INC.
2463 GULF - TO-BA Y BL VD
LUZ99-JO-04
'--- } U
C3
~
o
IX ! c:::::>
~Of
i gOIJiOi
z SHARKEY
RO
I
It!
OR ~
I~
ANNA AVE
~I I
c: I..OIl(HA LA
I ElLA P,:? -J~
<(
! OeRA
OR
"tt
~ ~
c: <
~ ~
<II: C
PROlECT
SITE
ST
~L I
'M1ITWAH ST
!: ~AUCER ST~
Sf .
""
Q
..... Or
>- ~
IX tr lftJO
~ ~, lIUO
~~rrn~n~~, ~ !c.: :, ~
::JJJU U~=<o:~ I I
~~D~DOR ~ b~~ iLO~ I!I
=:J ~ ~ ~ NlVERSTY.... DR S 2 WIHNEOLA
~ BlJRHIa: ~ GL.ENIlClal
~ ~ I
D OR GL.ENIlOOR R S
:8
~
.c
~
'"
RD
~
..:
~
G~
~
~ ~
c ~
~ ~ ~
; ~ ~
~ 8 g
8REN ffllOOO
!I "0"'"'' lii~~C1
HARN ~ ~1.: ~
llOAAOO "', ~~ g
! 'N""'" "" n "........ i0'.; 'tl .~.
I I 31 ~'^
I:t VlCU OR <.J CUJ90flNE (J. :A- / .t .
[~nl
I~~~
Ic;'~~'\.
n 0-\1,,- ')~
l,... -=::- ~
~~- ~
..... -9l
--., TEll .~ ""
~""'Nf#tI'
D
..
~
4.
.,
'"
IX
uI
CITY OF' CL~~ARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
'_:'jr . . )",' '1/' ..... . ,.~ .,/"..,.: '~" ~./:<:'.: ,1\.\iJ,'....'.~\'\,,:~,;,.'I,.:.... ,;._';
ORDINANCE NO. 6492-00
S,-,(\<'-.,\ b( W{
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LA.ND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE
LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF GULF TO BAY
BOULEVARD BE1WEEN OLD COACHMAN ROAD AND
BELCHER ROAD, CONSISTING OF A PORTION OF SECTION
18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2463 GULF TO BAY BOULEVARD FROM
RESIDENTIAL LOW MEDIUM TO COMMERCIAL GENERAL;
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 COMMISSION 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 as follows:
Property
See legal description attached hereto as
Exhibit "A"
(LUZ 99-10-04
Land Use CateQory
From: Residential Low Medium
To: Commercial General
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Administrator of
Planning and Development Services is authorized to transmit to the Pinellas County Planning
Council an application to amend the Countywide Plan in order to achieve consistency with the
Future Land Use Plan Element of the City's Comprehensive Plan as amended by this
ordinance.
Ordinance No. 6492-00
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie Dougall-Sid s
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
~.~'"
. '
f . , . ,t ^jr:' . . .. . . . .
....., ", .; '. .; .~,~:"' "
,....~~ tr._.
EXHIBIT "A"
The north 330 feet of the east 1/2 of the west 1/2 of the east 3/4 of the northwest 1/4 of Section 18,
Township 29 south, Range 16 east, Pinellas County, Florida, less the north 50 feet thereof for right-of-
way and more particularly described as follows:
From the center of Section 18, Township 29 south, Range 15 east, run thence S 89040'55" E, along the
eastlwest centerline of said Section 18, also being the centerline of the right-of-way for Gulf to Bay
Boulevard, (alkla State Road 60), 744.10 feet; thence S 01000'53" W, 50.00 feet to a point on the
southerly right-of-way of said Gulf to Bay Boulevard, also being the point of beginning; thence continue
501000'53" W, 280.00 feet; thence N 89041'02" W, 250.20 feet; thence N 01000'35" E, 280.00 feet to a
point on the southerly right-of-way to Gulf to Bay Boulevard; thence along said southerly right-of-way,
5 89041'01"E, 250.23 feet to the point of beginning, containing 70,054.7 square feet or 1.6 acres more
or less.
Ordinance No. 6492-00
~..... ., . . ,... ~~,., ~~~ ~.:'", J~':"" . - .' "-, "" ~ '..~\ '~.' ~ . 1. ~.4'" . -; ~~! .,: ...../.(.,. i' , '....\ . ','. . J., H' ~";.' " .. '. ft" f. :.' " .
~J
11 304' ~ /30J 16 -_..... - 30dl ~
14 13~----1
~fC
00 ~
~ ~~' - 310 60 3"
~EWY
,
'- /-
~I ~ U/OJ
~
2
12
308
o
o
eo ~
~
15
13
-
.....
o
.........
..,.
N
410
13/04
l
-
.....
_ca
.,.,
.....
o
o
..
tit
o
O'J
...
tit
co !?.:-: ~
~ ~~~
0
lI"l
''0 0 GULF
."
IMc ~
~ ~ 42/C lif ':: 102 101
~-
It 103
____ .. 205 1061 105
~ I
... 207 loa
107
60
................,
: TO :
O'J
lICl
....
"l
.,., ?~
..
..
...
3/05
~n
~~
60
qJ
0'1
..
CIj
1\.l..L-IO~U
(~ 50.
1
42/04 ~
104
-
106
;-
~
112
of
.. ..
1 ~~
"luZlS
513
2
515
517
515' 3
521
4
. '---
i ~ ;::; 209 \1 0 109
t ,.. ... .. of. ""~'L .'(;.'<.; :--"r_ .:- "
':~ foo'....~.:.' ~~:;c 'l:': o:t ........-,;1 . . ,~. ..~~f.C.l:
_ :.'_'~''I ~a- : 15 . t1l, > ~:~., .~'=.T:;;u,.. 2
. . C' ~ .' . ;... ~. .~...T. 518
'~: f50"("':-~."- .z;:~e ~ ~ ~~~+
~... . . ~ ~ . . 1
~'~....,.r,. . ; " ~~ ~li~ - 522
· ....t,. ~Iatr.
~ .~ ,7M~' .-' '. ..' 4 LU 5
: l.: ... . . ..... .... .. 600:::l 601
~. ~~-i'7"l. ~. ~~:;,(". $,t1~ 604 ~
-. 15" ,..i7ii' · '. . rr.' -i>>7~ .; ,~1'fI:f 5 $:
~ . r-,.:.:..,.. '..tl .,:~:. .;-"t ~\'" .;~~~}:: '1;-:' .::..\~. <
c. .'.,' ...~ .y. .~ . ~ ~ . .':1:2t:.. 608
.. . ... a. . -.... ,:;. 1., ~ 4... ;,. 6
... .. . . __... 'to. -': 12J ~ ~
.. .~. .. ~.. .J.C... ~ .~.. ':'.';)~~: 7 5
. i::- ..~~;1.,,,?~. _., . ..~.~ 812 Z
"1J~~ ~~~~*,B~ : ':~~4 A
.....; :.......&~Ld.jfJ,.-~:;.:-.::.:7.L.~.; ~ :t-~ 8 .... 9
. J... ''-~:!:fV? ~~:'~~~~. ....P: . 616 617
. - '~~I_-";,;.;iI. . ..~r.:::'_ ~~..._::.,,;. ~
..~ ;~ ~~. . . "~~.~t::. ,................. 621
= '1':~~', .. ~~~~ 9 H'\
.os;~"crG.'_. . ~ ~ 6"'"
~~. ~~ ~....~ __~ :.i..'.:::" ~u
"~'& .' if -:~~.. ~. . . - ..~~:ftf 700 701 l"-
"--t..... _ l,; aGi.....'. . 1 n " '"'"
114
116
llA
101 202
105 20.
107 208
109 210
111 212
113 214
115 216
. ~~ ...,
117 218
1120
122
124 119 220
:-..:..-
128 19,. ~20A
132 121 222
134
, 23 224
6 1.38
605 HO 125 226
609 7 H2 127 228
-@-V~~ 148150
613 8 47 In
Re<:.
1.37 248
~
lJ~ a:::
~
I f A \ v\, JIJ
,'" I ,a~,g 17 16 15 14 13 12
q:j C\f ---s.'Cl 0 ~ ...
tIt~1 .., ,,~~ ~
~ ~ ... ...........:; ... ... ~
"l tit N ~ 1'1 ... ~ 310
............. STREET
'-.
" ll'I
... ~/091 ~
~ 1. \. 40':
; - q ~ 1J;\
~ ~.... ,
f-
:0
-
~D
...
:-.
66_
S.R. 60
...
BAY
II)
0)
...
CII
} 41 /f
l
-
2!..!..
.1!l
~
,."
~
-W
~
~
.E2
~
~
12.33
12.35
1E..
239
~
2"
-
243
-
245
-
600'
-.. (D
42/J~
t ~
IX 2
~ ~
d (.J
BUILDERS SQUAR
247
i.
249
I
253
-
PROPOSED REZONING AND LAND USE PLAN AMENDMENT
OWNER.:
ADDRESS:
SUNNY GROVE MHP. INC.
2463 GULF-TO-BAY BLVD
CLEARWATER, FL. 33765
1AlU2 USE PLAN ZONING
RLM MHP
CG C
.ROM:
TO:
ATLAS PAGE:
2998
LUZ: 99-10-04
PROPERTY DESCRIPTION:
NORTH 280' OF SUNNY GROVE
MOBILE HOME PARK (SEE ATTACHMENT)
PROPERTY SIZE ACRES: 1.61
.1,llt-of-.ay: N/A ACRES: N/A
SIC: 18 TWP: 295 RANGE: 16E
COMMUNITY DEVELOPMENT ROAlD DECEMBER 14. 1999 CITY COMMISSION:
JANUARY 20. 2000
Fne No. Lu99-04.dwg
Prepared by: EA- Public Works Administration
Ordinance No. 6492-00
ORDINANCE NO. 6493-00
5 '-"\~ ~,~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY REZONING
CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF
GULF TO BAY BOULEVARD BETWEEN OLD COACHMAN ROAD
AND BELCHER ROAD CONSISTING OF A PORTION OF
SECTION 18, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE
POST OFFICE ADDRESS IS 2463 GULF TO BAY BOULEVARD,
FROM MOBILE HOME PARK (MHP) TO COMMERCIAL (C);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas 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 COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida. is hereby rezoned, and
the zoning atlas of the City is amended as follows:
Property
See legal description attached hereto as
Exhibit "A"
ZoninQ District
(LUZ 99-10-04
From: Mobile Home Park (MHP)
To: Commercial (C)
Section 2. The Planning and Development Services Administrator 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, subject to the
approval of the land use designation set forth in Ordinance 6492-00 by the Pinellas County Board
of County Commissioners, and subject to a determination by the State of Florida. as appropriate,
of compliance with the applicable requirements of the Local Government Comprehensive
Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Ordinance No. 6493-00
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Leslie K. Dougall- i e
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
." :-::. ":h:v"r: ;,:~,;,;~,:..>,/::.:,:::, ~~.~.~;'(;. ':"~:":<:;:{:':f. '
." 'p.'''' .' "~
EXHIBIT "A"
The north 330 feet of the east 1/2 of the west 1/2 of the east 3/4 of the northwest 1/4 of Section 18.
Township 29 south, Range 16 east, Pinellas County, Florida, less the north 50 feet thereof for right-of-
way and more particularly described as follows:
From the center of Section 18, Township 29 south. Range 15 east, run thence S 89040'55" E, along the
eastlwest centerline of said Section 18, also being the centerline of the right-of-way for Gulf to Bay
Boulevard, (a/kla State Road 60), 744.10 feet; thence S 01000'53" W. 50.00 feet to a point on the
southerly right-of-way of said Gulf to Bay Boulevard, also being the point of beginning; thence continue
S 01000'53" W, 280.00 feet; thence N 89041'02" W. 250.20 feet; thence N 01000'35" E, 280.00 feet to a
point on the southerly right-of-way to Gulf to Bay Boulevard; thence along said southerly right-of-way,
S 89041'01"E, 250.23 feet to the point of beginning, containing 70.054.7 square feet or 1.6 acres more
or less.
Ordinance No. 6493-00
/' 'I'i.. ~'\'I\\ "'~.~ v.1 .'...;,,". ~~ l:::..:t,:,',..',~ :..1 ,\"~ ,~,',:,"., ',' ',.....'" l,\ ./..... ,'.'.:': " l' >. , '. .,;,~..' :," ,f~ :'" (j':", "',:',': -, "-t".~
~l3as'6 _- .!C6
14 113
~I~
~I~..........~o 60 3"
~EWY
/
l/j--
~- R ~
c 1 J/OJ U ' ... ~
"" LGJ
,...,
....--"
Cl CD ~:-:~ () <a
C) 0') ~
.. ~ ~~~ .. .....
tit tlttlfClf CIf 60 CIf
iU4.-\Q..1o
S.Ft
I
1130~
I 2 ,ws I '\0
15
~ J
13
o
o
.....
""
~
2
...
"
o
""
~
N
~-
U!J,
I
.....,
CIlI <la
.,.,
.....
0
'"
0
on
1 ~
-
10.3 42/C ..
tit
r-
~;O
- ...
- I
~
..
.-
.
CULF
60
:01 102 101
~-
...
0.3 r \OJ C
205 106 105
207 lea 107 4
.. -ltl"'l
1 ~~:;
~ c; 209 110 109 tltui!2S
.... _. ~....~.. p--..- - --.... ;
~... ..,,'">>lIt.= ~.~ 'C":l ~ . . ':.if.:"~
'IA. ,...._. . A. !.lif~ ~'-"'t-.L.'~.~-.: 2
. . :. :~~ iolf. ~ . :: '; ~ ~'_" ~~ ..,.. ,<T.' 51/1
Jit. I:Klrp......r!o..~\~ -?:~ ~'21."i fu. :\~
;-~:o; ~., ~~~~: J 522
~~: ....,.!:. l';.. II' .... _.~.
~ r;~. r '. ~. . 4 ~
: p.' ...' '.. . .. 600 ;:)
. ~.~ ';a:)-Oi:1 ~ .' ".... , 604 Z
1--'- ~1. ~"''' . ...~-.' . ~- 5 w
. ,.......... . - , '.~iNl':! _' ,.1. >
I - <:..-..:.:.. .~..., :.--::.~ -:-'~ .~,.r.:.....t~; ~'-:" ~.. <
( r---- r ~i":'" ... :'1'_ . '\.c.!,- ... _... ... r-.."'2:' .-tI
:. .....:.::../L .,,'1 ,,~~ ~. -1t2t~~ 608
.~ :. '. .. ,0" ..,-.."~.;.~ ',_~- - '.' :t 6
. ,. . . . .' _.--. 12J -0-
", -:. ..)..-- -.".." .. .~" ... ~~.~- 7
~.'~ ~.:.~~ .~~o.~;..~::.; . ~ .: . .
; _ -:~~.r!~ ~...., ....:::: .. I 8'2
4lQ ~.._ ..' 0' ;-.I..__~ .. '
:~~ ")f;~ .~... ':s.Lq....-lif ~~-.:::s':",>r.
. ~..:.Jr ~~, _.- ~ =~l~/
"'r;: :~ :<::..~.''";~ ~~}.:~:~':'t ~1 ~ ~~_~
\.~ ~~~. : ' ~~~;.;.:.::~;..;
r~:' ~~_. ~_.~... ~~~~.:;;
:.~ .....;cp".....tC~ '. ..~-t~:t ~.
l~~... t . . ~
......n.........,
: TO :
i 0') I
· ~ I
42/0+ ~
lC~
----
lC6
-
lca
-
112
=,
::.:
??
509
1
11~
513 116
2 ~
SIS l1A
517 ~
5193 122
521 I~
4
128
5 1.32
601 1J~
I I , A. \ I V\. JU I
." 1.,,\., ,O.YQ I'~J 16C) 15~ 14.. Uti) 12
~! ~I ~I ~I~ ~ ~ ~ :110
"- STREET :is
"
, ;;; _ .,\",-' / 091 :
:::; II ~ ",. 400 I .
3"1, ":D 13//\ u
Q Q CIf CQ
<0 l'- l'-~
~ ~ ~ ,.
, elf tit 001 f04
!
,
i
--1
~
2U'
~
211
1119
I 221
~
~
.E2
~
.1.J.!..
123 224 ..nl
~
1237
239
~
241
~
243
I--
21.5
'---
101 202
105 12004-
107 1208
le9 210
III 212
11.3 214
115 216
~~,f ...
117 218
119 220
19A 220A
121 222
IJ8
6 , 25 226
80S 140
609 7 142 127 22B
-@-~4S '4a1150
613 8 47 lIT7
L.J
::j
5
z
~
c
8 S 16 UJ 617 9
~ -.......... 621 1 f1
620
700
In
101 l'-
.. t'1\
Re<:.
137
24.8
I--
-
~D
..
CIf
66 _
60
BAY
r
~41/(
Yl
OJ
~
elf
SOo'
-... <D
42/0~~
>-
P-
o: 2
~ a
d u
BUILDERS SQUAR ,
2407
I.J~
, 249
0::: T 253 I
l~ I --I
PROPOSED REZONING AND LAND USE PLAN AMENDMENT
SUNNY GROVE MHP, INC.
2463 GULF-TO-8AY BLVD
CLEARWA TER, FL. 33765
LAND USE PLAN ZONING.
RLM MHP
CG C
OWNER:
ADDRESS:
FROM:
TO:
ATI.AS PAGE:
2998
LUZ: 99-10-04
PROPERTY DESCRIPTION:
NORTH 280' OF SUNNY GROVE
MOBILE HOME PARK (SEE ATTACHMENT)
PROPEI.1'Y SIZE ACRES: 1.61
B,llllt-of-".y: N/A ACRES: N/A
SIC: 18 TWP: 29S RANGI: 16E
COMMUNITY D&VILQPHINT IOAID DECEMBER 14, 1999 CITY COMMISSION:
JANUARY 20, 2000
ne No. Lu99-04.dwg
Preoared by: EA- Public Works Administroticn
Ordinance No. 6493-00
, I,' ~ . (,' ',' \ . ..., t..... I.. t'. :, \ , (~. . I , ",' .\ ~ ..' .
~rJ ~ '
ORDINANCE NO. 6494-00
I~
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
RELATING TO THE EMPLOYEES PENSION PLAN; AMENDING
SECTION 2.393. CODE OF ORDINANCES, TO AMEND OR DELETE
DEFINITIONS; AMENDING SECTION 2.397, CODE OF ORDINANCES,
TO AMEND BENEFITS UNDER THE PLAN; PROVIDING FOR A
REFERENDUM ELECTION RELATING TO THE PENSION PLAN;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.393, Code of Ordinances, is amended to read:
Sec. 2.393. Definitions.
* * * * * *
A verage Monthly Compensation shall mean tho mORthly Compenc:ltion of :l
Particip~nt 3veraged over hie Ja~t 5 con~ecutive Yean; of Credited Service. If ---a
P3rticipaAt has le~s than 5 consecutive Years of Credited Service, his Average Monthly
Compens3tion will bo b:16ed-on hie menthly Cernpen~3tion during hi6 month6 of sorvice
beginning 'Nith the d3te he commeRces p::lrticipation in the Pl::ln to hiE d3te of
terminatien of employmont. For purpo~eE of determining :1 P3rticip:mt'~ m::lximllm
geRefit 3~ required b~ection 115 of the Intern:ll Revenue Code, a Particip::lnt'~
!!Aver~go Monthly Compens::ltion" ch311 mS:1n the Section 415 Compens::ltion rsooivoG
by :l Participant during the three (3) cencecutive Limitation Ye3rs with re~pect to which
tho P3rticip::lnt receive6 tho highcct Section 115 Compons3tion. divided by 36 (Of. if
less, the 3ggreg3te- number of hiE month6 of employment) one-twelfth of the average
Compensation of the 5 best years of the last 10 Years of Credited Service prior to
retirement. termination. or death. or the career average as a full-time Participant.
whichever is greater. A year shall be 12 consecutive months.
* * * * * *
, Compensation:
(1) Compensation shall mean tAe- rogubr s:1l3riec, wages. ovortime P::lY,
le::lve P3Y (except when p3id in a lump cum upon retirement benefit). bonuse~ p3id by
the Employer (provided the Employee contribution r3te i~ ::lpplied thereto), Employeo
contributions da~ignated 3~ Employer contribution~ under Sectioll" 11(h) of the Intarn::ll
Revenue Coda, and omployee salary redtlction contributions m3de pUfcuant to an
::lrr3ngemont de~cribed in Section 125 of the Intorn31 Revenue Code. compenS::lti01l
def€rred under Section 157(b) of the Internal Revenue Code, indemnity benefits
received pur6uant to the yvorkem' Compens::ltion L3W. incentive p:)y for police and
firefighterc. 3ccignment P3Y. 3cting P::lY, :Jnd shift differentbl P3Y but chall not inclllde
clothing, C3r or me:)1 3110wances, dis::lbility p::lyments, lump ~um p:Jyment~ of :lccrued
Ordinance 6494-00
_c.
,
,I .t~'. t .,>. , ~.<' l/ .' '.:, . \", J:"'~":"'~t~:~: ',,~. ." '.i", l'~ l' J" . . r.",'''~ " ",.f'" '.'.,', :
{(P
sick 183'10 p::lid upon retirement, reloc3tion expence p3yments, benefits under thic Pl3n,
any amount contributed to any pension, employee welf(lre, IifD insur::mco or hoalth
insuranco pl3n or 3rr~ffieflt, or any othor fringe benefits, wolf3ro benefitg or
Employor p::lid doferred compons::ltion the total compensation for services rendered to
the City as a Participant reportable on the Participant's W-2 form. including indemnity
benefits received pursuant to the workers' compensation law. plus all tax deferred. tax
sheltered. or tax exempt items of income derived from elective employee payroll
deductions or salary reductions. but excluding lump sum leave pay paid upon
retirement. Jump sum payments of accrued sick leave paid upon retirement. pay for off-
duty employment. clothing. car. or meal allowances. relocation expense payments.
benefits under this plan. any amount contributed to any pension, employee welfare. life
insurance or health insurance plan or arrangement. or any other fringe benefits. welfare
benefits. or employer paid deferred compensation. Compensation in excess of the
limitations set forth in Section 401 (a)(17) of the Code shall be disregarded. The
limitation on compensation for an "eligible employee" shall not be less than the amount
which was allowed to be taken into account hereunder as in effect on Julv 1. 1993.
"Eligible employee" is an individual who was a Participant before the first plan year
beginning after December 31. 1995.
* * * * * *
Early Rotiremont Date ch311 me3n the d3to on which 3 P3rticip3nt h3s r03chod
the 390 of 65 YC3rs and completed 10 Ye::lrc of Credited Service.
* * * * * *
Normal Retirement Date shall mean
(1) The earlier of:
a. the date on which a Participant has reached the age of 55
years and completed 20 Years of Credited SeNice,
b. the date on which a Participant has completed 30 Years of
Credited Service regardless of age,
c. the date on which a Participant has reached the age of 65
years and completed 10 Years of Credited SeNice. or
00. the date on which a Participant has completed 20 Years of
Credited Service, which service is of a character or type of employment
that is described below as "hazardous duty" or that the Trustees have
designated as hazardous duty.
(2) For this purpose, a Participant's service shall be deemed "hazardous
duty" if the Participant is a full-time sworn police officer certified in
2
Ordinance No. 6494-00
" " . 'I I',. , ., ".. 1, \'. t , . , ;' .. , . ~ ".' " '\ " J . I' " :.,' .", ~ '
I~
accordance with Section 943.1395, Florida Statutes, or a full-time
firefighter certified in accordance with Section 633.35, Florida Statutes,
and he is employed in police or fire positions as established by the
Employer.
Section 2. Section 2.397, Code of Ordinances, is amended to delete subsection
(b), to reletter the current subsections (c), (d) and (e) as subsections (b), (c) and (d),
respectively, to add a new subsection (f) and to reletter the current subsection (f) as (g)
as follows:
. Sec. 2.397. Benefits under the plan.
* * * * * *.
(b) E3rly Rotiremont Bonofit.
(1) ^ P3rticipant sh311 be ontitled to retire from the employ of his Empleyer
upon cuch P:::uticip3nt'& E3rly Retirement O:1te.
t2) Upon rO:1ching his E:1rly Retiremont O~te, the P3rticipant sh311 bo fully
ves;ted in hie I\ccruod Benefit 3nd sh311 bo entitled to recei""o, 3t the time ~nd in t~e
m3nner described in Soction 2.398, his early retirement benefit-:
(3) ^ P::lrtioipant'c e3rly retiroment benefit shall bo determinod in ::lccord~nce
v/ith tho prO'Jisions of p3r::lgr3ph (:1) 3bove, 3nd tho 3mount of such benefit shaU-ee
reduced to the /\ctu~lrial Equi'l3lent of the benefit otherNisc p3yable under p::lr~gr3ph
(a) 3bo~/o.
(4) If::1 Particip::1nt GOp:Jr3tes trom service beforo satisfying tho 3ge
requirement f~r e~rly retirement, but h:1s satisfied the cervice requirement, the
P3rticip:Jnt '/Jill bo ontitled to :1n o:1rly retiroment bonefit UpOIl c3ijcf~ction of CUCA- ago
requirement.
* * * * * *
ill. Cost-at-Living Adjustment.
Commencinq on April 1. 2000. the monthly anlount pavable to all Participants.
beneficiaries and survivors who have received at least 6 monthlv benefit payments as
of each April 1, shall receive an annual cost-ot-living adiustment on each April 1 eaual
to 1.50/0.
* * * * * *
Section 3. If any provision of this ordinance or any policy or order thereunder of
the application of such provision to any person or circumstances shall be held invalid,
the remainder at this ordinance and the application of such provision of this ordinance
or of such policy or order to persons or circumstances other than those to which it is
held invalid shall not be affected thereby.
3
Ordinance No. 6494-00
," r,.", '"., I " , 't " " . ,,' '~ ., "', -.' '. ..: ' " II, ~~l' ;~i'.. ,..... ~ t ", ~ '~l, ,,'f..'''':,''''. " '
(0
Section 4. A special election for the purpose of voting on this proposed
ordinance as set forth shall be conducted on March 14,2000.
Section 5. The question to appear on the Referendum Ballot shall be as follows:
Pension Plan Amendments
Shall the City of Clearwater Employees Pension Fund be amended to:
provide for an annual cost of living adjustment of 1.5% for past and future
retirees; change the benefit calculation period to the highest five years of
the last ten years of pay; allow employees age 65 with 10 years of service
to retire with a normal benefit; revise the definition of compensation, all as
provided in Ordinance No. 6494-00?
YES
For amendment to Employees Pension Fund
NO
Against amendment to Employees Pension
Fund
Section 6. The funds contained in or authorized by the Pension Fund adopted
by Ordinance No. 1832 as subsequently amended shall be applied in furtherance of the
contributions and disbursements authorized pursuant to this ordinance, and the rights,
duties and obligations provided in this ordinance shall apply to any fund subject to the
provisions of this ordinance; provided, however, that the preconditions set forth in
Section 7 relating to this ordinance becoming effective had been complied with.
Section 7. This ordinance shall take effect immediately upon adoption. The
amendments to the Pension Plan provided for herein shall take effect only upon
approval of a majority of the City electors voting at the referendum election on these
issues and upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
December 9, 1999
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
4 Ordinance No. 6494-00
'r'
~\ ' ,'I I' ' '.. I . y' "': . .", \. :,.' .. " ; ....' .,. '. '., , . ~ i'. " \ " " ~ ~ \ ' .
~ndFZ
\'1
;;W\
ORDINANCE NO. 6482.()Q
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTION 2.01(d) 5 (vii) REGARDING
LEASING OF SURPLUS MUNICIPAL REAL PROPERTY;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Subsection (d) 5 (vii) of Section 2.01 of
the City Charter be amended as follows:
Sec.2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the following
limitations:
5. Real Property.
* * .. .. *
(vii) Tho commission may le3s8 municipal fo:)1 property for fivo yean~ or 1066
without declaring it surplus. Municipal r0:)1 property decl3rod Eurplu6 may
be loosed for :1 term up to 30 yearc, provided, however, nothing herein
shall precludo fenew31 of any IO:Jcc for ::t m::tximum of 30 YO::H~. Municip31
property decl3red sbJrplu~ m3Y be IC3~cd for 3n initbl period of timo or 3
renewal period exceeding 30 YC3r~. is approved at referendum, but not to
6*coed 60 years tot:)!. Leases of real property in an industrial park shall
provide for continual use for private/public business purposes, shall
provide a reasonable rate of return on the city's investment, and shall
include a rent escalation clause.
Section 2. A referendum election is hereby called and will be held on March 14,
2000, at a special city election to be held in conjunction with the Presidential preference
primary; for the consideration of the voters of the City of Clearwater for the proposed
charter amendment. The question to appear on the referendum ballot reflecting the
proposed amendment to the charter at the special municipal election scheduled for
March 14, 2000, shall be as follows:
Ordinance No. 6482-00
I ''',' ',' ,',J,,' :,:~' ..'~ f, ,; "~'~" ...., I'l'.~; I.~" : . '. ~ 1 "/\' '. ,~. ~ ", ,'.
/IJ
,
!
;
LEASE OF MUNICIPAL REAL PROPERTY
-.......
Shall Section 2.01 (d) 5 (vii) of the City Charter be amended as provided in
Ordinance 6482-00 to remove the limitations on the number of years that
the City Commission may lease surplus municipal real property?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 5. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the special
election to be held on March 14, 2000, to be held in' conjunction with the Presidential
preference primary
Section 6. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
Pam la K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
2 Ordinance No. 6482-00
f'.. '~f':':""i.,"'.~' . J~\.t..:. ~'.'....'.' & ..:....../. "', :.f, ~.', .~,l , ~h~ 't, '~-,' ".,'.,":i' _J.t _,'\ " '.,~. l_'~~
PlA~
l,,~O~D6
CITY OF CLEARWATER
INTEROFFICE MEMO
\ 'is
To: Mayor and City Commissioners
From: George E. McKibben, Purchasing Manager
Copies: Michael J. Roberto, City Manager
Cynthia E. Goudeau, City Clerk
Subject: Purchases to be approved at the January 20, 2000 City Commission Meeting
Date: December 29, 1999
All items recommended for purchase and delivery during the 1999/2000 fiscal year are included in the
approved 1999/2000 budget. Funding for contracts extending into future fiscal years will be included in
the City Manager's recommended budgets. All recommended vendors are the lowest most responsive
bidders in accordance with the specifications unless a specific exception is noted.
1. Award a contract to Kaiser Pontiac-Buick GMC, Inc., Deland, Florida, in the anlount of $12,574.45,
for the purchase of one 2000 GMC Sonoma compact pickup truck (replacement) for utilization
throughout the city by Planning. Exception to bid under Section 2.564 (1)( d), Code of Ordinances -
Florida State Contract 070-001-99-1. Funding to be provided under the City's l'vfaster Lease Purchase
Financing Agreement. Appropriation code: 315-94227-564100-519-000. Debt service codes: 566-
06612-571300-582-000 (principal) and 566-06612-572300-519-000 (interest). (General Support
Services)
2. Award a contract to Don Reid Ford, Maitland, Florida, in the amount of$46,906, for the purchase of
two (2) 2000 Ford Explorer 4 x 4 utility vehicles (replacement) for utilization throughout the city by the
Police Department. Exception to bid under Section 2.564 (l)(d), Code of Ordinances - Florida Sheriffs'
Association Contract 99-07-0913. Funding to be provided under the City's Master Lease Purchase
Finance Agreement. Appropriation code: 315-94227-564100-519-000. Debt service codes: 566-06612-
571300-582-000 (principal) and 566-06612-572300-519-000 (interest). (General Support Services)
3. Award a contract to Bell Chevrolet, Plant City, Florida, in the amount of$22,374, for the purchase of
one (1) 2000 Chevrolet Express I5-passenger van (previously approved addition) for utilization
throughout the city by the Fire Department. Exception to bid under Section 2.564 (1)(d), Code of
Ordinances - Florida State Contract 070-001-99-1. Funding to be provided under the City's Master
Lease Purchase Finance Agreement. Appropriation code: 315-91226-564000-522-000. Debt service
codes: 010-01240-591600-581-000 (principal and interest). (Fire Department)
4. Award a contract to McLain Southland Equipment, Bartow, Florida, in the amount of $143,318, for
the purchase of one (1) 2000 Mack front loader refuse collection truck (replacement) for utilization
throughout the city Solid Waste / Recycling. Exception to bid under Section 2.564 (1)(d), Code of
Ordinances - Town of Lake Park bid 5050. Appropriation code: 315-96806-564100-534. (Solid
Waste)
,,':1"H
.' .... '."':...."':' 1 ,'" ;',:'. 't:"'\ \0 '," ".':, I," ',.,,~,:" .', \..:' ...; 'J' ~'.. ,',t". ~: ' ;.' I' 'r.,"" '.,~ "'., ~I,: '" ;1 ,..~ .' ,/J"', "~,i,._:, l'
\~
5. Award a contract to Bobcat of Tampa Bay, Tampa, Florida, in the amount of $18,821, for the
purchase of one (1) 2000 Bobcat Model 863 loader (replacement) for utilization at the Solid Waste
processing center by Recycling. Declare surplus and authorize trade-in, one (1) 1996 Ford New Holland
loader. Appropriation code: 315-96806-564100-534-000. (Solid Waste)
6. Award a contract to Ring Lift, Tampa, Florida, in the amount of $15,293, for the purchase of one (1)
2000 Caterpillar Model DP25K forklift (replacement) for utilization at the Solid Waste processing center
by Recycling. Declare surplus and authorize trade-in, one (1) 1995 Mitsubishi FG-M forklift (G-1509).
Appropriation code: 315-96806-564100-534-000. (Solid Waste)
7. Award a contract to Spartan Oil Company, Tampa, Florida, in the estimated amount of $400,000
for the purchase of diesel fuel for utilization in equipment operated by various departments during the
contract period January 21, 2000 through December 15,2000. Exception to bid under Section 2.564
(1)(d), Code of Ordinances - Pinellas County Purchasing Coop bid 989-0890-B eKC). Appropriation
code: 566-06611-550500-519-000. (General Support Services)
8. Award a contract to Petroleum Traders Corporation, Fort Wayne, Indiana, in the estimated amount of
$350,000 for the purchase of unleaded vehicle fuel for utilization throughout the city by all departments
operating motorized equipment during the contract period January 21, 2000 through December 15, 2000.
Exception to bid under Section 2.564 (l)(d), Code of Ordinances - Pinellas County Purchasing Coop
bid 989-0890-B (Ke). Appropriation code: 566-06611-550500-519-000. (General Support Services)
9. Approve an additional payment of $2,975 to increase the total contract with People Map Training,
a.k.a. E. Michael Lillibridge, Lutz, Florida, from $25,000 to $27,975, for consulting services provided
from January 13, 1999 through January 31, 2000. Exception to bid under Section 2.564 (1 )(e), Code of
Ordinances - Impractical to bid. Appropriation code: 010-09211-530] 00-512-000. (City Manager)
10. Extend the contract with Miller Bearings Inc., Largo, Florida, in the estimated amount of $50,000,
for the purchase of miscellaneous bearings, seals and related items for utilization at all Water Pollution
Control facilities during the contract period January 21, 2000 through January 31,2001. This is the first
of two extensions authorized under the terms of Bid 124-98. Appropriation code: 315-96664-562800-
535-000. (Public Utilities)
11. Award a contract to Smith Fence Company, Clearwater, Florida, in the amount of $57,795, for the
purchase of control gates to be located at three (3) Water Pollution Control facilities and one (1) at the
Public Service Complex. Appropriation code: 315-96654-563800-535-000. (Public Utilities)
12. Award a contract to Tampa Bay Engineering, Clearwater, Florida, in the estimated amount of
$275,000, for utility design and subsurface engineering services to be provided during the contract
period January 21, 2000 through November 12, 2002. Exception to bid under Section 2.564 (1)(d),
Code of Ordinances - City of Clearwater contract dated November 13, 1997. Appropriation codes:
353-96314 ($150,000 - Pasco Gas Main and Service Phase II), and 353-96312 ($125,000 - Pinellas
Relocation Phase III). (Clearwater Gas System)
Funding for the above referenced purchases is included in the FY 1999/2000 Budget or will be included
in the City Manager's recommended budgets for future fiscal years.
TuJ j~
Tina Wil~udget Director
, ' . \ '. . , l' I I I ' '\ 1 '., I I :' ! ,,' . I. ," "'. t I ,..~. '\' " "r (I, t ~. , ~ ),;'"
e
ED~
Oearwater Oty Cbmmission
Agenda Cbver Mmorandum
R nal Agenda Item #
Meeting Date:
-'9
\ of ~O ,00
SlJ~/RfCOMMENDAllON:
Approve the chCl'lge in dates in the Interlocal Agreement to March 1,2001 between the City md
Pinellas County providing for the joint mcnagement of a1 8:::onomic Analysisfor the north central
portion of the City commonly referred to as the Hercules industrial area
[J and that the appropriate officials be authorized to execute same.
SUMMARY:
On August 19. 1999, the Commission approved the Interlocal Agreement between the City and Pinellas
County which would combine efforts to create a framework for redevelopment strategies in the Hercules
Industrial Area. The original time period for this agreement commenced on September 6. 1999 and
terminated on September 5. 2000.
PurSUalt to that Interlocal Agreement, the City end Pinellas County jointly issued a Request for Proposal,
including the selection of the conSJltant who will assist in conducting economic impact studies to
determine the impact of the redevelopment of the area on the City and Pinellas County.
The initial responres to the Request for Proposal were not acceptable therefore, Pinellas County ald the
City have jointly iSSJed a revis:d Request for Proposal.
Due to the fact that the iSSJence of the revi93d Request for Proposal would necessitate an extension of
the time period of the originallnterlocal Agreement, the Amendment to Interlocal Agreement extends
that time period for termination to occur on March 1, 2001.
r ~- by. Originating Dept: Coss N/A
legal ~ Info Tech NA Ei::onomic Devel Total
. Budget NA Public Works NA User Dept. Funding Source:
Purch'g NA DCM/ACM Ei::onomic Development Captiallmprovement Current Fiscal Year
Risk Mg't NA Other NA Attachments Operating
Other
Amendment to I nterlocal Appropriation Code:
&!bmitted by: Agreement
City Manager o None
o Printed on recycled paper Rev. 2/98
;;:
\9
AMENDMENTTOINTERLOCALAGREEMENT
THIS AMENDMENT, entered into this day of
, 2000. by and between PINELLAS COUNTY, FLORIDA,
(hereinafter referred as "COUNTY"), and CITY OF CLEARWATER, FLORIDA, (hereinafter
referred to as "CITY).
WHEREAS, the COUNTY and CITY entered into an Intenocal Agreement on
August 26, 1999, to jointly issue a Request for Proposal (see Exhibit "A", attached hereto
and incorporated herein by reference) to invite prospective consultants an opportunity to
submit proposals to provide economic analysis/strategic planning services related to the
redevelopment of the Hercules Industrial Area; and
WHEREAS, the COUNTY and CITY agree to extend the tenn of said Agreement to
March 1, 2001.
NOW, THEREFORE, in consideration of the mutual covenants, terms and
conditions contained herein, the parties agree as follows:
1. The term of said Agreement shall be extended to March 1 , 2001.
2. All other terms and conditions in said Agreement shall remain in full force and
effect during the life of this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date set forth above.
By:
N/A
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor-Commissioner
By:
Michael J. Roberto
City Manager
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
~. . J l",. )'. I','~ (, .. ''. ~ .loo'". ' I I" .' f.' t ': ~ t, , :. t. ' 't . ' ,
INTERLOCAL AGREEMENT
\q
.'
ED'd-
Ut.-.
THIS INTERlOCJ\L AGREEMENT, entered into this A Ie day of
__,1999, by and between PINELLAS COUNTY, FLORIDA,
r referred a~ "COUNTY"), and CITY OF CLEARWATER, FLORIDA,
r referred to as "CITY).
WHEREAS, th.;! COUNTY and CITY desire to jointly issue a Request for
Proposal (see Exhibit It,", attached hereto and incorporated-herein by reference)
to invite prospective ~onsultants an opportunity to submit proposals to provide
economic analysjs/stra~egicplanning services related to the redevelopment of the
Hercules Industrial Area; and
WHEREAS, thE: COUNTY and CITY agree to jointly administer the Request
for Proposal process. up to and including the selection of the. consultant which
meets the criteria as set forth in same.
NOW, THEREFORE, in consideration of the mutual covenants, terms and
conditions contained herein, the parties agree as follows: '
1. Scope. COUNTY and CITY agree to jointly administer the
Request for Proposal plirsuant to the terms and conditions as set forth in attached
Exhibit "A".
2. Selection. COUNTY and CITY shall select a consultant based on
the attached Request for Proposal. and consultant's response to same. If
COUNTY and CITY cc.'nnot agree on consultant, then this Agreement is void
without further obligatic,11 of either party. If COUNTY and CI1Y agree on a
consultant, then this Anreement authorizes the Administrator for each party to
enter into an agreement with consultant under the terms described herein.
3. Term. T,e' term of this InterlocalAgreementshall be for one (1)
year commencing September 6, 1999 and ending September 5., 2000.
4. Cost. 1 he total cost will not exceed $25,000, of which $12,500 will
come from the COUN--V' and $12,500 will come from the CITY.
5. Notice. Either party may cancel this Agreement by giving the
other party thirty (30) C,3/S written notice delivered or mailed as follows:
County:
Richard R. David, Chief of Staff
Pine lias County Economic Development
14010 Roosevelt Boulevard
Suite 704
Clearwater, Florida 33662
,~' t
-....1
City:
Robert Keller. Assistant City Manager
Director of Economic Development
City of Clearwater
Post Office Box 4748
Clearwater, Florida 33758-4748
I,
,
6. Entire Agreement This document embodies the whole agreement
of the parties. Ther(. are no promises, tenTlS, conditions or allegations other than
those contained h'?rein. This agreement shall be binding on the parties, their
successors. assigl'i~' and legal representatives.
7. FilinfJ Effective Date. As required by Section 163.01 (11), Florida
Statutes. this Intertc cal Agreement shall be filed with the Clerk of the Circuit Court
of Pinel/as County, Florida, after execution by the parties and shall take effect
upon the date of fiJI~lg.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
as of the date set fo,-.,h above.
By:
, .',
Approved as to fornl:
~
J' .,
, . .. I.' ;.\ ,. I" ,; I'. t \.', I
Attest:
N/A
Countersigned:
CITY 0 CLEARWATER, FLORIDA
By:
Michael J. Roberto
City Manager
Brian J. Aun t
Mayor -Commissiofel'
Approved as to fornl:
~ -)--~~ .::>
-. ara~as ---
Assistant City Attor ",,}y
Attest:
-
'a E. Goudeau
erk
:~~~.
~~. .,,' "", ,'. ~ .~.. 'j';:~': ..... : < \',' '., ',,>
~Dl
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
ciO
j,20,oO
Final Agenda Item #
SUBJECT/RECOMMENDA liON:
Approve a five-year agreement with Grubbs Construction Company to provide post-disaster assistance to
ensure economic recovery of the affected areas of our City if the community sustains major damage that
is beyond our ability to handle within the available resources we currently maintain,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
This is a pre-event agreement that has no expense to the City other than a $100.00 contract fee until aid is
requested after major damage is sustained.
Should a disaster occur that results in damage that can not be handled by City resources, Grubbs
Construction Company will provide clean-up, demolition, removal, reduction, and disposal of debris as
directed by the City. They will use available local contractors to supplement their workforce during debris
removal operations. They will also provide program management assistance to help the City recover the
cost of t~e disaster from State and Federal Disaster Relief programs.
Post-disaster assistance will be requested only after all other resources have been exhausted.
A listing of their unit cost and a brief description of work done for other communities are attached.
A copy of the agreement is available in the City Clerk Department for review.
Info Srvc
Public Works
DCMJACM
Other
~
Originating 11'ept:
FIRE~
User Dept.
FIRE
Costs
Total $100
Current FY
Funding Source:
CI
OP X
Other
Attachments
Submitted by:
City Manager
Printed on recycled paper
o None
A ro riation Code: 010-01220-530300-000
Rev. 2/98
'Ll
CONTRACf FOR DEBRIS REMOVAL
Attachment 3
Unit
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Personnel Descri nOD
Climber with ear
Su erintendent with Truck
Foreman with Truck
r with Chainsaw
Swv nnel with vehicle
Traffic Control Personnel
ector with vehicle
Laborers
Unit
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Hour
Materials Desen tion
Fill Dirt for Stump Holes - Purchased, Placed and Shaped
Unit
Cubic
Yard
U nit Price
$170.00
$140.00
$120.00
S120.00
$120.00
$130.00
$110.00
$90.00
$65.00
$60.00
$35.00
$35.00
"
Unit Price
$95.00
$55.00
$55.00
$35.00
$31. 00
$31. 00
$3 1. 00
$26.00
Unit Price
$10.00
'.
.
.
,.
.
II
'I
III
II
.
II
.
.
II
.11
II
II
III
II
.
t ',.'. . ~ ~ " >. '\ . ': y , . t '\ .. ,1 , . , , ~ t' .. . . - f ' 'I' . ~ ~,' t'
11/08/99 14:29 FAX 8134626362
~02
CLEARWATER FIRE
88aS888888
~~o8~~~~~ ~
~~~g~8~::i~ ~
~ .... I() ~ r ~ N 5 '" ~
....... ..... 6I't .,.
~ .,.
8 8
~ ~
Pi CO')
~. ~
w ~
8 8
~ ~
8' ~
~ ('loJ
;; g
8
o
8
o
('I)
It)
iii
r
..
.6 i ~
E m
'flI'fl11 ~ I
~ ~ i~'lii~S21
~ -E.e
~ l!lB-,f I~I~
~ i ~.-r '20'20
E ~ !! j"jtt:
8 8~ii ~ ~
".: I ~ i ~
.1
"tl
"E
~ w .6 ~.S :8 ~ ~ ~ ~ i 8 ~ ,6
o .,. l ~ 12' 1'1 i as .c i ~ -0 3 -g
Do ~ ,15 ~ ~ . fi ~ i~ ~ l! i l!
8 ffi ~~ ~ J I i I j i ~ 2: I i Iii
~ · ,f! :g .. ~1 '1l:E c :E B
lS ~ ~ 2: ~~~i ~ 8 'I 2: 2l
t= 0:0 ~~ ~
o ~
~ ~ iJ~ig~~!~~! !~j!i~i~~~~! ~ii!~~ J~ i~l~
t; m ll'iI 'f .h :.<:!!II 31:. ~ &J 'E! 1b i'H;; ::l t:; 5 lil ~ 1Il C) ,.. ! ~ ~!:! ~ ~ ~ lil w lD
Z w 81So.9~SX~~ g~ !.~~o~!~,a:dioa8~';~~~~ ~~ S~~~
o Q ~:~. z z ~ VJ ~ a:; Q) tt: e ~ (f') .:I :oq- r=. v ~ ~ f:: r- ,... a; ~ (J) 0') ~p VI Q) == "lit
o ...... t' · rz
en D:~: c
In ~ ~~:.~.~ ~ t (.) ~
~ ;
C) Q ~ {I 'li ~
~. J ! } ~
..t ~;J:! c 0
. en en ..J
u..
~
i ~ Li ~ 5
i g J g ~
~ ~ I ~ ~
~
I 1 I
~ I .1 ,5
:t: :r: }
~ ...I ~ <3 ~ Li
-E' ctf u.. ~ ~ ~ ~_ ~
8 i!888i8
! ~i~II]~
.'Ii~!~
" j<<j i ; !
.. i .~ .~
o J: ::J
Z :J:
c=
~
!
-~
:x:
i J J j I J
I 0
~ J
i ~~iiJl!ii IiI
. ~s; ~ a; ~
~; ~g ~ ! ~
I
FD.1--
:10
AGREEMENT FOR DISASTER RECOVERY SERVICES
'1.000
THIS AGREEMENT made and entered into this _ day of , ~, by and
between the CITY OF CLEAR WATER, located in Pinellas County, as a political subdivision of
the State of Florida, hereinafter referred to as "CIT)"' and GRUBBS CONSTRUCTION
COMPANY, hereinafter referred to as "CONTRACTOR"
WHEREAS, the CITY lies on the west coast of the State of Florida and, as such, may
experience massive destruction wrought by the impact of a hurricane landfall, violent storms
spawning tornadoes as well as other natural and/or manmade disasters (Events); and
WHEREAS, it is foreseen that it may be necessary to provide for debris removal and disaster
recovery technical assistance to appointed and elected officials within the CITY, resulting from
these Events; and
WHEREAS, the CITY has determined after extensive efforts that this is an area of specialized
services and as such'is considered to be a sole source;
NOW, THEREFORE, CONTRACTOR, for and in consideration of the sum One Hundred
Dollars and no/I 00 ($100.00), and for other good and valuable considerations acknowledged by
the parties, said parties hereto agree as to the following:
SCOPE OF SERVICES ONE - DEBRIS REMOVAL
It is the intent of this Agreement for the CONTRACTOR to remove as quickly as possible all
hazards to life and property resulting in the CITY. Clean up, demolition and removal will be
limited to (1) that which is detennined to eliminate immediate threats to life7 public heal~ and
safety; (2) that which has been determined to eliminate immediate threats of significant damage
to improved public or private property7 and; (3) that which is considered essential to ensure
economic recovery of the affected community to the benefit of the community-at-Iarge. The
Services shall consist of clean UP7 demolition, removal, reduction and disposal of debris as
directed by the designated representative of the CITY.
Specifically the Scope of Services will include the items listed in Attachment 1 and priced in
Attachment 2 of this Agreement under the corresponding heading.
SCOPE OF SERVICES TWO - TECHNICAL DISASTER RECOVERY ASSISTANCE
It is the intent of this Agreement for the CONTRACTOR to provide disaster recovery technical
assistance to appointed and elected officials within the CITY. This service shall include
Program Management Assistance. Specifically the Scope of Services will include the items
listed in Attachment 1 and priced in Attachment 2 of this Agreement under the corresponding
heading.
1
SERVICES AND FACILITIES
It is understood that; except as otherwise specifically stated in this Agreement and Attachments
to this Agreement, the CONTRACTOR shall provide and pay for all labor, tools, equipment,
transportation, supervision, and all other services and facilities of any nature whatsoever
necessary to execute, complete and deliver the services within the time specified in the Notice-
to-Proceed as agreed upon by both parties.
PERMITS AND REGUALTIONS
Permits and licenses of a temporary nature necessary for the prosecution of the Services shall be
secured and paid for by the CONTRACTOR unless otherwise stated in this Agreement.
SUPERVISION BY CONTRACTOR
I The CONTRACTOR will supervise and direct all Services. The CONTRACTOR is solely
responsible for the means, methods, techniques, sequences, safety program and procedures. The
CONTRACTOR will employ and maintain on the work site a qualified supervisor(s) who shall
have full authority to act on behalf of the CONTRACTOR and all communications given to the
supervisor by the City's Authorized Representative shall be as binding as if given to the
CONTRACTOR.
Thename(s) of the supervisor(s) will be supplied to the CITY for each issuance ofa Notice-to-
Proceed through an attachment to this Agreement in the form of a Memorandum for the Record.
CHANGES IN SERVICES
The CITY may at any time, as the need arises, order changes within the scope of services
without invalidating this Agreement. All changes affecting the project's costs or modifications of
the terms or conditions of this Agreement shall be authorized by means of an official written
Contract Change Order that is mutually agreed upon and signed by the CITY and the
CONTRACTOR. All changes must be recorded on a written Contract Change Order before
CONTRACTOR may proceed with the changes to the Services provided.
2
TERM OF AGREEMENT
The term of this Agreement shall be for five consecutive years beginning on the date of
acceptance by and signatures of the CITY and CONTRACTOR, whichever comes later.
RENEWALO~AGREE~NT
This Agreement may be renewable on a five-year basis after a concurrence of both parties on any
negotiated changes to the terms and specifications contained in this Agreement. Attachment 2 of
this Agreement may be reviewed on an annual basis at which time, amended unit costs may be
submitted by CONTRACTOR to CITY to reflect the current disaster recovery market value of
, .. <. . , .' . . ' .' I . . . I.' '.' ".' . "
services listed in Attachment 1 and priced in Attachment 2 of this Agreement. Such amendments
shal1become part of this Agreement after a concurrence and signature of both parties.
TERMINATION
Either party upon 90 days written notice to the other party may tenninate this Agreement.
INSURANCE AND BONDS
CONTRACTOR shall name the CITY as additional insured on CONTRACTOR'S insurance
policies. CONTRACTOR shall maintain the following insurance limits:
Worker's Ccmpensation.. Statutory Limits of the State of Florida;
Automobile Liability - One Million Dollars ($1 ,000,000.00) combined single limit;
General Liability - One Million Dollars ($1,000,000.00) any single occurrence;
Additional Liability Umbrella - Five Million Dollars ( $5,000,000.(0)
CONTRACTOR shall provide CITY a Certificate of Insurance evidencing such coverage.
At the CITY'S option the CONTRACfOR will furnish a performance and payment bond for any
and/or all Notices-to-Proceed. The cost of said bond premium will not be an additional cost to
the CITY.
CERTIFICATES OF INSURANCE
Required insurance shall be docwnented in certificates of insurance which provide that the CITY
shall be notified at least thirty (30) days in advance of cancellatio~ non-renewal, or adverse
change. New certificates of insurance are to be provided to the CITY at least fifteen (15) days
prior to coverage renewals. Receipt of Certificates or other docmnentation of insurance or
policies or copies of policies by the CITY or by any of its representatives:> which indicate less
coverage than is required, does not constitute a waiver of CONTRACfOR' S obligation to fulfill
the insurance requirements herein
WARRANTY OF TITLE AND WAIVER OF LIEN
The CONTRACTOR shall not at any time suffer of permit any lien, attachment, or any other
encumbrance under the laws of the State ofFlori~ or otherwise by any person or persons
wbomscever to remain on file with the CITY against any money due or to become due for any
work done or materials furnished under this Agreement of by any reason or claim or demand
against CONTRACTOR Such lien, attachment, or encumbrance, until it is removed, shall
prccl ude any and all claim or demands for any payment by virtue of this Agreement
SUBCONTRACflNG
The CONTRACTOR shall be fully responsible to CITY for the acts and omissions for its
subcontractors and of persons directly or indirectly employed by them, as the CONTRACTOR is
for the acts and omissions of persons employed by it.
The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontractors
relative to the services give the CONTRACTOR the same powers regards terminating any
subcontract that the CITY may exercise over the CONTRACTOR under any provisions of this
Agreement.
Nothing contained in this Agreement shall create any contractual relationship between any
subcontractor and the CITY. The CONTRACTOR shall supply the names and addresses of
subcontractors and materials suppliers when requested to do so by the CITY upon activation of
the Agreement and updated by the CONTRACTOR to the CITY on a biweekly basis during said
activation.
The CONTRACTOR shall not use a subcontractor or material supplier against whom the CITY
has a reasonable objection to, and shall make all reasonable attempts to subcontract with local
rums currently doing business within the CITY and/or Pinellas County, Florida.
CITY OBLIGA nONS
The CITY shall furnish all information and documents necessary for the commencement of
work, to include valid written Notices to Proceed. A representative will be designated by the
CITY to be the primary contact person for inspecting the work and answering anyon-site
questions prior to and after activation of this Agreement via a Notice-to-Proceed.
This person shall be the CITY MANAGER or hislher designee.
ENTIRE AGREEMENT
This Agreement and Attachments referred to herein, contain the entire Agreement of the parties,
and there are no other binding promises or conditions in any other Agreement whether oral or
written.
4
'.
.JURISDICTI9NNENUE
The laws of the State of Florida shall govern this Agreement. Venue of this Agreement shall be
in Pinellas County, Florida.
ATTEST:
Clerk/Deputy Clerk of the Board
ATTEST:
~..~.~
Secretary
ON BEHALF OF:
CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
By:
City Manager
By:
Mayor
Date:
Approved as to form and
legal sufficiency.
B~~
City Attorney
,
ON BEHALF OF'
GRUBBS TRUCTIONCOMPANY
B:
Title:
5
~.. ~ -'~
.'
. STATE OF FLORIDA
COUNTY OF PINELLAS
. ;I1te fO~eg<Ji.ng instrument was ackno~e~ beIPre me this ~ b<<- e I 1999, by
Jolon ~. t.::1Cukbs. , as . de"'\- of GRUBBS
CONSTRUCTION COIv1PANY~ a Florida Corporatio~ pn behalf of the Corporation. He/she is
personally known to be or has produced Person. KnolJJ'1"'\ as identification.
'141. SANDRA l. OLEJNICZAK
~ '6 COMMISSION # CC 684588
C!!~ ~ EXPllES SEP 30, 2001
~ aoNDEDTHRU
OF ATlANTIC BONDING CO., INC.
~ g~fU0J.
Notary Public. D
6
.'
AGREEMENTFORD~ASTERRECOVERYSER~CES
Attachment 1
The following is a listing of services andlor tasks to be provided by CONfRACTOR to
CITY upon receipt by CONTRACTOR of a Notice-to-Proceed:
SCOPE OF SERVICES ONE -
DEBRIS REMOVAL
Emergency Road Clearance
The CONfRACTOR shall accomplish the cutting, tossing and/or pushing of debris from
the primary transportation routes as identified by and directed by the CITY. This
operational aspect of the scope of services shall be for the first 100 (plus or minus) hours
after an event. Once this task is accomplished, the following tasks will begin as required.
Debris Removal from Public Property (Rights-of-way, Publicly
Owned Properties - Pick-up and Haul)
As identified by and directed by the CITY, the CONTRACTOR shall accomplish the
demolition, pick-up and hauling of all eligible debris to the Temporary Debris Staging
and Reduction Sites (TDSRS's) from public property and rights-of-way, and shall
maintain debris work sites to appropriate use standards~ safety standards, and regulatory
requirements.
Debris Removal from Private Property (Right-of Entry
Program - Pick-up and Haul)
Should an imminent threat to life, safety and health ~o the general public be present on
private property, the CONTRACfOR as identified by and directed by the CITY, will
accomplish the pick-up and hauling of debris to the TDSRS's from private property.
Upon receipt of completed right of entry fonn, and hold harmless agreement from private
property owner's, and execution of the non-duplication of benefits agreement from the
CITY, the CONTRACTOR shall also demolish thqse residences and personal property,
as identified by the CITY. The CONTRACTOR will place all debris collected through
this process in the right-of-way~ where the above scope of services (Debris Removal from
Public Property) shall commence. The CITY feels that it is potentially in the best interest
of the health and safety of its citizens to provide this service. Attached to this Agreement
are copies of the forms to be executed by the individual property owners. The
CONfRACTOR shall maintain debris work sites to appropriate use standards, safety
standards, and regulatory requirements.
7
-
8
Hazardous Stumps (Removal, Back-fill, Haul)
As identified and directed by the CITY, the CONTRACTOR shall remove all hazardous
stumps, ~ identified by the CITY, and haul each stump to the IDSRS"s. Each stwnp
shall be lI1Spected by the CITY and CONTRACTOR inspector and documented as to the
ap?ropriate category of size for invoicing (See Attachment 2 for size categories and
pnces). The CONTRACTOR shall back-fill each stump hole with compatible material as
determined by the CITY and CONTRACTOR.
Temporary Debris Staging and Reduction (fDSRS)
The CONTRACTOR will prepare and maintain TDSRS"s to accept and process all
stonn debris; maintaining the TDSRS"s approach and interior road for the entire period of
debris hauling; any roads that require stone for stabilization for ingress and egress, will
be furnished by CONTRACTOR; build and maintain a roofed inspection tower sufficient
for a minimum of three (3) inspectors; the inspection of every load in and out which shall
be further defined in documentation section below; processing all debris in accordance
with all local, state and federal rules, standards, and regulations; processing may include,
but is not be limited to, reduction by tub grinding and/or incineration when approved,
transporting and final disposal at a location agreed to by both parties; prior to reduction,
all debris will be segregated between vegetative debris, construction and demolition
debris (C&.D), recyclable debris, white goods and hazardous wastes~ all reduced debris as
well as non-reducible debris wilt be disposed ofat a location(s) agreed to by both parties.
TDSRS Site Reclamation
Site reclamation shall be accomplished in accordance with all Federal, State and Local
laws, standards and regulations; Site reclamation shall be accomplished in accordance
with the CONTRACTOR's Debris Removal Operations Plan and Environmental
Protection Plan.
Disaster Event Generated Hazardous Wastes Abatement
CONTRACTOR shall abate all hazardous waste identified by the CITY in accordance
with all applicable Federal, State and Loca11aws, standards and regulations to include but
not limited to 29 CFR 1910.120, 40 CFR 311 and 49 CFR 100-199; Hum-dous waste
abatement shall be accomplished in accordance with the CONTRACTOR's Debris
RemowrJ Operations Plan and Environmental Protection Plan. Freon recovery will be
treated as 8 hazardous material and handled in accordance with the aforementioned Plan
and Regulations. Prices fur this Service will be negotiated at time of Event dependent
upon types of materials, quantities and hazards present. Prices shall be attached to the
Agreement in the fonn of a Memorandum for the Record.
All storm debris shall be subject to inspection by the CITY or any public Authority in
accordance with generally accepted standards to insure compliance with the contract and
applicable local, state and federal laws. The CONTRACTOR will, at all times, provide
Pte CITY access to all work sites and disposal areas. In addition, authorized
representatives and agents of any participating federal or state agency shall be permitted
to inspect all work and materials. The CONTRACTOR and the CITY will have in place
at the TDSRS's, personnel to verify the contents and cubic yards of the vehicles entering
the TDSRS's. Records will be maintained of every vehicle entering the TDSRS, its cubic
yardage and verification the vehicle leaving the TDSRS to ensure that it is in fact empty.
The CONTRACTOR and the CITY will monitor the material to determine that it in fact
consists of eligible debris. The CONTRACTOR and the CITY will have in place at the
pick-up site, personnel to verify the contents, location, date and time of the vehicles
departing for the IDSRS. Prior to use the CONTRACTOR and the CITY to establish and
record its certified cubic yard capacity will inspect each haul truck. The CONTRACTOR
will include and provide disposal tickets, field inspection reports, and other data
sufficient to provide substantiation for Federal ~ etc.) and State reimbursement, if
applicable. The CONTRACTOR will assist the CITY in preparation of Federal (FEMA)
and State reports for any potential reimbursement through the training of CITY
employees and the review of documentation prior to submittal. The CONfRACTOR will
work closely with the Florida Division of Emergency Managemen~ FEMA and other
applicable State and Federal Agencies to insure that eligible debris collection and data .
documenting same appropriately addresses concerns of the likely reimbursement
agencies. .
Sand Screening
The CO~CTOR shall screen aU sand as directed by the CITY J to remove aU eligible
debris deposited by an Event. This task includes the pick-up of debris laden sand,
hauling debris laden sand to the processing screen located on the beach, processing the
debris laden sand through the saoon and returning clean sand to the approximate original
location on the beach as directed by the CITY. Debris removed from sand will be
picked-up, hauled and processed utilizing the scope of services located above for Debris
Removal from Public Property.
Documentation and lnspe~tions
Priority of Work Areas
The CITY win establish the priority of and shall approve the work area in advance, which
the CONfRACTOR will be allowed to work. Daily and/or weekly scheduled meetings
will be held to determine approved work areas. The CONTRACfOR shall remove all
eligible debris and leave the site from which the eligible debris was removed in a clean
and neat condition with the understanding that there will be certain debris that is not
picked up by equipment, machinery and general laborers used by the CONTRACTOR.
9
.'
Detennination of when a site is in a clean and neat condition will be at the reasonable
judgment of the CITY.
Working Hours
All activity associated with gathering and loading of eligible debris shall be perfonned
during visible daylight hours only. Hauling of eligible debris to the TDSRS's will be
allowed during visible daylight hours only between dawn and dusk. The CONTRACTOR
may work during these hours seven (7) days per week including holidays. It is understood
between the parties that at the TDSRS's, debris reduction may take place twenty-four
(24) hours, seven (7) days per week if the CONTRACTOR deems it necessary and safe.
The CONTRACTOR shall be responsible for obt.aining sites to stage equipment, such as
trucks, while not in use.
Debris Disposal
The CONTRACTOR shan dispose of all debris, reduced debris, ash residue and other
products of the debris rn~JnS\gement process in accordance with all-applicable Federal,
State and loca11aws, standards and regulations. Final disposal locations shall be at the
discretion of the CONTRACTOR with prior acceptance of the CITY. Information
regarding the location of final disposal shall be attached to this Agreement in the form of
a Memorandum for the Record. The CONTRACTOR and CITY inspector assigned to
the disposal process shall 1nainf3in disposal records and documentation. Documentation
shall be quantified in Cubic Yards.
10
'1;'1~\
..
SCOPE OF SERVICES TWO -
TECHNICAL DISASTER RECOVERY ASSISTANCE
ITEM I: PROGRAM MANAGEMENT ASSISTANCE
SEE NOTE (1)
J. PUBUC ASSISTANCE PROGRAM
a) Daf1Ul~ S~ R~rt mSR) or Proiect Worksheet (PW>
il Official DSR/PW requests - Assist CITY personnel in the fo])owing:
8) Identification of expenditures eligible for reimbursement
b) Submission of official "request for DSR inspection"
ii) Local government repesentation on DSRlPW team - Train and assist CITY
personnel to accomplish the following:
8) Identification of eligible items for reimbursement
b) Review of DSRlPW for accurate scope of work
c) Review of DSRJPW for accurnte unit costs
Hi) Recovery process documentation - Assist CITY personnel in the following:
a) Creation ofreoovery process documentation plan
b) Maintenance of documentation of recovery process
iv) Force account labor vs. contrnct labor
a) Recommendations to government officials on need to contract or utilize
force account labor
v) Recovery pI'OCCSS oversight
a) Recommendation to government officials on need to contract for
project management for projects requiring intense oversight
b) DSRlPW tracking through State and Federal process
c) Written and oral status reports to government officials
b) Documentation SUQOOIt
i) Review of records system for applicability to Federal and State requirements
ii) Orimtation and ~ining of DepartmentlDivision Heads on requirements for
quality and quantity of required documentation
ill) Assist in selection of ""Clerk of Records" and provide detailed training for
document 31 ion
iv) Review documentation for accuracy and quantity
v) Assist in preparation of claim documentation
c) Consultation and negotiation services
i) Recommendations to government officials on plans of action
ii) Provide guidance to government officials on issues involving FederJland State
reimbursement
ill) Assist CITY officials in negotiations with Federal and State officials
d) Other representations as may be requested I required
NOTE (1): This is the concept of complete recovery management support where Grubbs Construction
Company's Emergency Services Division would assist an applicant on all aspects of the recovery proces~.
Grubbs Construction Company's EmergencySe7vices Division personnel cannot assume the Sovereign
Duties oftJre CITY officials, therefore these services shall be in the form o/guidance and consul/ation..
11
1J,--,
AGREEMENT FOR DISASTER RECOVERY SERVICES
Attachment 2
The following is a listing of costs for technical services and/or tasks to be provided by
CONTRACTOR to CITY upon issuance to the CONTRACTOR of a Notice-to-Proceed.
Costs denoted by a dollar amount represent a unit cost for materials or an hourly rate for
personnel and equipment services. Costs denoted by a unit price denote the cost per
Cubic Yard or cost per ton to provide the appropriate services of debris removal.
CONTRACTOR INVOICING
The CONTRACTOR may invoice the CITY not more than once every seven (7) Days.
Seven (7) days after beginning work and/or providing services described in a Notice-to-
Proceed, the CONTRACTOR shall submit the first payment request to the CITY. The
payment request shall be filled out and signed by the CONTRACTOR covering the work
performed during the period covered by the payment request and supported by such data
as the CITY may reasonably require. The CITY shall7 within five (5) working days of
receiving such payment request,. finalize review of documentation and make payment to
CONTRACTOR. CONTRACTOR will be subject to audit by federal, state and local
agencies pursuant to this Contract.
12
The invoice must contain the following items as applicable to individual task orders:
COSTS FOR SCOPE OF SERVICES ONE -
DEBRIS REMOVAL
Measurement and Payment for Gathering, Pick-up, Hauling and Processing of
Debris from Public: Property
The CONTRACTOR will not be compensated for disposing of any material not defrned
as eligible debris. The CONTRACTOR and CITY will inspect each load to verify the
contents are in accordance with the accepted definition of eligible debris. If any load is
determined to contain material that does not conform to the definition of eligible debris,
the load will be ordered to be deposited at another landfill or receiving facility and no
payment will be allowed for that lo'ad, and the CONTRACTOR will not invoice the
CITY for such loads. For each suitable load picked up, hauled, processed, a record of the
cubic yards will be recorded by the CONTRACTOR and CITY on numbered tickets
supplied by the CONTRACTOR. Copies of each load record will be available to the
CONTRACTOR and the CITY's designee on site. Each invoice shall contain verification
of each cubic yardage load ticket and also contain a summary sbeet indicating, by day,
the individual verified load receipt and invoice amounts. The CITY may temporarily
remove any disputed amount line items in the bill from the invoice for review. Disposal
tickets disputed will be returned to the CONTRACTOR within five (5) working days of
invoice date tor additional clarification prior to payment of those tickets. The
CONTRACTOR shall receive Twenty Dollars and no/1 00 ($20.00) per cubic yard for the
, I' ," I,' " I ~','" , I '~'. 'I".,. ,,', ~. . .. .... " . '.. ' . 'I~ ~' j" ',' j ". .'. ,<t: '., .' ..' _ ". .
material from public property that is gathered>> picked up, hauled and processed by the
CONTRACTOR. For Each suitable load disposed of by the CONTRACTOR, the
CONfRACTOR shall receive Five Dollars and 00/100 ($5.00) per Cubic Yard for
hauling to the final disposal site. Disposal costs (Tipping Fees) shall be invoiced to the
CITY by the CONTRACTOR based on the Pinellas County Landfill's actual current
tjpping fee, regardless of final disposal location, at the time of disposal. This reference of
cost does not preclude the CONTRACTOR from utilizing alternative disposal sites as
agreed by both parties (See Attachment 1, Page 5, Dehris Disposal, of this Agreement).
The CONTRACTOR at no additional charge to the CITY shall accomplish mSRS Site
Reclamation, since the cost of this service is included in the cost listed above in this
paragraph.
Measurement and Payment for Emergency Road Clearance, Demolition of
Structures and Debris Removal from Private Property.
Measurement of these services utilizing other than an hourly rate is diffi.cult at best and
would potentially lend itself to wmecessary disputes. Therefore, the CITY and the
CONTRACTOR agree that the CONTRACTOR shall invoice the CITY utilizing the
hourly rates listed in Attachment 3 to this Agreement. A not-to-exceed amount shall be
placed upon any specific work performed at an hourly rate at time of issuance of a
Notice-to-Proceed by the CITY to the CONTRACTOR as agreed upon by both parties.
The CITY and the CONTRACTOR shall have inspectors in the field with each work
crew to monitor, recor~ and sign time s'heet for the actual times worked for each piece of
equipment and crew member present at a particular work site. These signed records shall
be the basis for the CONTRACTOR's invoice to the CITY.
Hazardous Stumps (Removal, Back-fdl, Haul to TDSRS)
The removal and hauling of hazardous stumps is a unique process requiring specialized
equipment. As such., this process requires a unique documentation and costing. Each
stump win be measured by the CITY and CONTRACTOR inspector assigned, three (3)
feet above normal ground level, to determine the diameter of the trunk Once the
diameter is established, the stump will be physically by the best means available, photo
documented by the C1TY and recorded by the inspectors on a specific record provided by
the CONTRACTOR.
The CONTRACTOR shall invoice the CITY for hazardous ~1ump removal and hauling to
the TDSRS utilizing the following categories:
Up to but less 6 inch diameter-
6 inch diameter and up, but less than 12 inches-
12 inch diameter and up, but less than 24 inches-
24 inch diameter and up, but less than 48 inches-
Equal to or greater than 48 inch diameter-
$ 250,00 per stump
$ 500.00 per stump
$1,000.00 per stump
$1,500.00 per stump
$2,000.00 per stump
13
't;
J '>'t ~"./'r'-.',
W .,,.,,.....,. "_\0 ....~. ".,'"'., . ,.>. ~.,,:"" '.
. .
The CONTRACTOR shall invoice the CITY Ten Dollars and 00/100 ($10.00) per cubic
yard for acquiring, hauling, and placing clean back~fill material in holes left by hazardous
stumps. .
Sand ScReoing
The CONTRACTOR shall invoice the CITY Ten Dollars and 00/100 ($10.00) per cubic
yard of sand screened, to remove eligible debris deposited by and Event. This cost
includes pick-up of debris laden sand, hauling to processing screen located on the beach,
processing the sand through the screen and returning clean sand to the beach as directed
by tile CITY. Debris removed from sand will picked-up, hauled and processed utili:t.ing
the costs located above for Debris Removal from Public Property.
COSTS FOR SCOPE OF SERVICES TWO-
TECHNICAL DISASTER RECOVERY ASSISTANCE
ITEM I:
PROGRAM MANAGEMENT ASSISTANCE
All costs associated with this service are included in the costs listed above. There will be
no additional cost for this service.
14
. . " u' ~ .., . ~ ^ ,. ,.,J '.' . " I I " , ' . ,'~ . ' .~. , "j " ~, , ,', It, , : . It. "
'.
CONTRACT FOR DEBRIS REMOVAL
Attachment 3
Eq uipmeDt Description Unit U Dit Price
30 Ton or larger Crane Hour $170.00
SO' Bucket Truck Hour $140.00
Track-Hoes - John Deere 690 or equivalent Hour S120.00
Wheel-Loader 644 or equivalent Hour S120.00
D-6 Dozers or equivalent Hour $120.00
John Deere 648-E Skidder Hour $130.00
John Deere S44 or equivalent Hour S110.00
EQuipment Transports Hour $90.00
Service Truck Hour $65.00
Bobcat Loader Hour $60.00
Tractors with box blade Hour $35.00
5 Cubic Yard Dump Truck Hour $35.00
(The above rates include operators.)
Personnel Description Unit U nit Price
Climber with gear Hour $95.00
Superintendent with Truck Hour $55.00
Foreman with Truck Hour $55.00
Operator with Chainsaw Hour $35.00
Survey nnel with vehicle Hour $31.00
Traffic Control Personnel Hour $31. 00
Inspector with vehicle Hour $31. 00
Laborers Hour $26.00
Materials Description Unit U nit Price
Fill Dirt for Stump Holes - Purchased, Placed and Shaped Cubic $10.00
Yard
., :',"".' . I , ,. ,,- ',', .
,t.:(),:: iJt..\JO
Permit and Declaration
Right of Entry, Hold Harmless and Non-Duplication of Benefits
Rlaht of Entrv
I/We
commonly identified as
I the owner(s) of the property
~\1nIC~)
within the do hereby grant and give freely and without coercion, the
right of access and entry to said property to the government of , its agents,
contractors, and subcontractors thereof, for the purposes of demolishing and/or removing and/or
clearing any or aU storm-generated debris of whatever nature from the above described property.
Hold Hannless
It is fully understood that this pennit is not an obligation upon the government to perform debris
removal. The undersigned agrees and warrants to hold harmless the Federal Government of the
United states of America (to include, but not limited to, the Federal Emergency Management
Agency), the State of (to Include, but not limited to, the
Department of Civil Emergency Management). County, its agents, contractors, and
subcontractors, for damages of any type, whatsoevef. either to the above described property or
persons situated thereon and hereby release, discharge, and waive any action, either legal or
equitable that might arise out of any activities on the above described property. The property
owner(s) will mark any sewer lines, septic tanks, water lines, and utility lines located on the
described prope~.
Non..ouplication of Benefit$
If\Ne (have . have not ) (win . wiU not ) receive(d) any compensation for
debris removal from any other source induding SBA, ASCS, private insurance, individual and
family grant program funds, or any other public assIstance program. , will report. for the above
described property, any insurance settlements to me or my family for debris removal that has
been perfonned at government expense, and reimburse County any funds
received for said services from any of the aforementioned sources. I am fully aware that an
individual who fraudulently or willfully mlsstates any fact in connection with this agreement shall
be subjed to a fine of not more than $10,000.00 or imprisonment of not more than one year, or
both, fOf the considerations and purposes set forth herein.
Sworn and Attested:
Print Name
Signature
I hereby set my hand this
day of
-' 1999.
Print Name
Signature
Witnessed
Print Name:
Signature:
, h .' '. ~ ..',' , .,' , .
, " . ~ . ( I ," .
( . _ .. ,., '~". .~ . ,." :.. .. .....i. "', .~.' "::.'. ....:: '. ...-z' ',. ' :" >
. Item #21
/fSg
1", 'J,...t:~ .;)~!,I-' J,t. :"-:..:., :~., ~,' \~\... ;,'~\'.,'~" ..~ ~",~,':",",".,~, ,t', ";',;, ;,',\,',/ .";. I:" ,;-/:' ,"""11"'" ".".
Fb~
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item # a{
Meeting Date: 1/20/00
SUB J EO /RECOMM EN DATION:
\
Award a contract to Temple, Inc, in the amount of $60,840, for purchase of 3M OptiCom Traffic
preemption equipment for 20 Fire vehicles and 20 intersections throughout in the City, in accordance
with Sec. 2.564 - (l)(d) F10rida SNAPS agreement #285776, funding to be provided under the Ci ty' s
}mster Lease Purchase Agreement
0' and that the appropriate officials be authorized to execute same.
SUMMARY:
· This equipment, when mounted on our engines and traffic light controllers, provides a method of traffic flow
control for Fire apparatus to provide safer movement on emergency responses at high flow intersections.
· The units provide a green light in the direction of travel for our Fire apparatus on emergency calls.
e Increased call volume and resultant high-risk exposure of our units makes further enhancement to our safety
measures highly desirable.
4) Multi lane roads make it more difficult for drivers traveling in inside lanes to see our vehicles at intersections.
. This system provides an adjunct to our existing traffic warning systems of lights, sirens, horns and paint scheme.
. This system should reduce accidents by stopping traffic except from the direction of the emergency vehicles.
. The system provides usage tracking to prevent any unauthorized operation of system.
. This system impacts traffic operations at 2% as reported by a study by Purdue University tracking the operation
on Virginia Route 7.
" Funds to be provided through the City's Master lease Purchase Finance Agreement.
Reviewed by:
Legal N/A Info Srvc ~
BUdget~ Public Works
PurChaSin~4 DCM! ACM ~
Risk Mgmt N/A Other N/A
Originating Dept:
Costs
Total 60,840.00
Funding Source:
Current FY 00 CI 91231
User Dept.:
Attachments
or
Other
Submitted by:
City Manager
Printed on recycled
o None
A ro dation Code: 010-01240-591600-522-000
Rev. 2/98
~:
~. I , . ", ~ '" . '." . ~ ' '. :.' ~ . '. '. . I ~ I' (' ;,'1';',
eGS~
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
6~
J . :la. 00
Final Agenda Item #
Meeti ng Date:
SUB JECT/RECOMMEN DATION:
Ratify and confirm the City Manager's decision to award an emergency contract to McMullen Oil
Company Inc., Clearwater, Florida, in the (estimated) amount of $50,000.00, for the purchase of vehicle
fuel, in accordance with Sec. 2.564 (1) (a), Code of Ordinances,
[!J and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Florida Department of Environmental Protection (FDEP) cited the City fuel site located at Solid
Waste for non-compliance issues requiring immediate correction or face daily fines.
. This emergency procurement was necessary to provide continuous fueling to the City fleet. Repairs to
the City fueling site with continuous operation were anticipated, but became impractical when the
scope of the repairs was expanded during the correction process.
. The repairs have been completed and the Fueling Site is operating. While the amount authorized by
the emergency contract was $50,000, the actual amount spent was $33,228.56.
. Funding is provided in the Fleet FY99/00 Operating Budget.
Originating Dept: . \ J
General Support Services ~
User Dept.
General Support Services ~
Attachments - BPO
Costs
Total $50,000.00
Reviewed by:
Legal N/A
Budget ;$ft
Purchasing ,
Risk Mgmt N/A
Info Srvc N/A
Public Works N/A
DeM! ACM
Other
Current FY $50,000.00
Funding Source:
CI
OP X
Other
Submitted by:
City Manager
Printed on recycled paper
None
A roriation Code: 566-06611.550500-519.000
Rev. 2/98
~~
Worksession Item II:
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
~s
\ ~ ;).0. 00
.
~M1-
Meeting Date:
SUBJECT iRECOMMEN DATION:
Award a contract in the amount of $112,500.00 to Lockheed Martin, IMS (Information Management
Systems) PinellasWORKS for administration of the City of Clearwater 2000 Weed and Seed Challenge
Program and 2000 Summer Youth Employment Program.
_[gI and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City's Weed and Seed Challenge Program and Summer Youth Employment Program were previously
administered by Career Options of Pinellas, Inc. Lockheed Martin, IMS PinellasWORKS is continuing the
work of Career Options with much of the same staff and inter-agency affi liations.
. Proposals were received from Lockheed Martin, IMS PinellasWORKS, which is a collaboration of
community-based agencies serving the employment training and readiness and job placement needs of
Pinellas County.
. The Summer Youth employment Program will employ approximately 30 youths in private sector jobs for
six weeks during the summer.
e The 2000 Weed and Seed Challenge Program will provide employment readiness, job training, and job
placement services to approxi mately 70 youths throughout 2000.
. The Summer Youth Employment Program and Weed and Seed Challenge Program were previously
separately administered programs which have been merged by the City.
. City provides funding for payroll services, placement, job counseling, and other related services.
. Program administration will be the responsibility of Lockheed Martin, IMS PinellasWORKS.
. Funding for the Summer Youth employment Program is budgeted in the Human Relations budget, 010-
0923 -j -582000-569-000, which has $50,000.00 available for the project.
. Funding for the 2000 Weed and Seed Challenge Program is contained in the FY 1999/2000Weed and Seed
grant project, 181-99319, which has $50.000.00 avai lable and FY 1998/1999 Weed and Seed grant
project, 181-99394, wh ich has $1 2,500.00 avai lable for the program.
Reviewed by:
legal ,~____
I ,
Budget _-('~_
Purchasing .
Risk Mgrnt ~
Submitted by:
Ply Manager
Costs
Total $112,500
Originating Dept:
Human Relation
User Depl.
Info Srvc
Public Works
OeM/ ACM
Other
.~'A
Funding Source:
Current FY $112,500 CI
N.'/~
Attachments
OJ>
Other
x
--
X
o Non(!
Project # 16 "1.99394
Project #1111.99319
^) )ro riation Cooe:010-0923t.532000-569.000
" ';. "I ' " ".!, '_ .....".", '.'''"'J ~""","jt..' ..~f"." ,: . ~ ,,". ~"'.~,. "J", J,j' i' ,,"t",
\\tJ' ~
AGREEMENT
~3
THIS AGREEMENT, madl~ and entered into on the day of , 2000, by
and between Lockheed M~ THn, IMS PinellasWORKS (herein referred to as the "Contractor")
and the City of Cleanvater, Florida (herein referred to as the "City"), hereby incorporates by
reference the Contractor's Proposals for the 2000 Weed and Seed Challenge Program and the
2000 Clearwater Summer Youth Employment Program; proposed program budget; and
Insurance Certificate.
I. The Contractor sharl furnish all material and perform all of the work for administration of
the 2000Weed and Seed Challenge Program and 2000 Sumlller Youth Employment
Program of the City in full and complete accordance with the goals and reporting
requirements contained in contractor's proposals.
2. All provisions of t"is contract shall be strictly complied with and conformed to, and no
amendment to this Contract shall be made except upon the written consent of the parties,
which consent shall not be unreasonably withheld. No amendment shall be construed to
release either party C'om any obligation of this contract except as specifically provided
for in such amendm :'l't.
3. Within thirty (30) CL1YS after execution of this Contract by all parties, the City will pay
$50,000 for start-up and other costs associated with the implementation of the program,
including staffing ani administrative expenses. An additional $50,000 will be paid on or
about June 10, 20CO and a final payment of $12,500 will be paid on or about July 10,
2000. The City's m:Ddmum liability under this contract shall not exceed $1 I 2,500~ and at
the end of this contnet all unencumbered funds will be retu111ed to the City.
4. In the event that any provision or portion of this contract shall be found to be invalid or
unenforceable, then such provisions or portion thereof shall be perfonned in accordance
with the applicable laws. The invalidity or unenforceability of any provision or portion
of this contract shah not affect the validity or enforceability of any other provision or
portion of this contn~ct.
5. This contract will be r~iTective from date of award through completion of the 2000 Weed
and Seed Challenge Program and the 2000 Summer Youth Employment Program.
6. The Contractor shal) 'Jegin enrolling participants in the 2000 \Veed and Seed Challenge
Program and the 2000 Summer Youth employment Program in February of 2000. The 6
to 7 participants whl) were not enrolled in the program in January 2000 per the start-up
date specified in tI:e proposal, shall be enrolled throughout the course of the program
year.
iJ t, I li' .... to..,) , " ,.' ~
...-.....----.....--
SIGNATURE PAGE
CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
Mayor-Commissioner
City Manager
Approved as to form:
Attest:
-
John Carassas, Assistant City Attorney
City Clerk
Contractor:
Authorized Signatory: COJEractor
Witness
......
, ..;,....--:.. .", .
I ..~. . ."~.
~
....,;.;.
LOCJrnEED MARTIN,IMS
PinellasWORKS
2000 Weed & Seed Challenge Program
200.0 Clearwater Summer Youth Program
. I . . , .'. I ~ , . '\: ~ \ , . 'I' ' . "','.
AMENDMENT-11l24/99
Weed & Seed Grant - Challenge
PinellasWORKS! is a workf;}rce preparation and employment services collaboration of long-
respected community-based agencies serving the residents and employers of Pinellas County,
Florida. The PinellasWORKS! collaboration comes together under the leadership of its
managing partner, Lockheed Martin IMS Welfare Reform Services, a nationally recognized
provider of workforce development services with local operations currently in Pinellas. In
forming PineIlasWORKS! sowe of the community's most dedicated and respected leaders have
come together to design, de'/elop, and offer a completely integrated and seamless One-Stop
system of workforce prepan~ion and employment services that embodies the spirit of welfare
reform initiatives old and nt:w. Job seeking and employer customers of these proposed One-Stop
operations will feel the infllllmce not just of State WAGES and JTP A initiatives that initially
gave rise to the universally :.11tegrated, customer-driven concept of the One-Stop Center, but
more importantly of the ne'.,..e',. Workforce Investment Act, and its expanded focus on the needs
of the entire job-seeking C('~IlUlunity and its employers. The PincllasWORKS! partnership roster
and the services that will b~ provided are listed below.
The PinellasWORKS! Mi5!J~on and Our Vision for These Proposed Services
The PinellasWORKS! missil}n is to combine the best individual service providers of Pine lias
County into a seamless, ea~i~y accessible system that services the neeqs of the County's job
seeker and employer populations equally, and which keeps as its focus the satisfaction of these
populations.
PinellasWORKS! is a colla"):>ration whose strength is derived from a winning combination of
expert individuals and organ~zations. These partners empower PinellasWORKS! to provide the
single most comprehensive answer to the County's workforce development and employment
needs. The individual stren:!:1hs of each PinellasWORKS! partner come together to strengthen
the County's existing One-~1~(Ip system and to supplement the work of its mandatory partners in
pursuit of the RFP's requested services.
PinellasWORKS! Partner Services
Abilities of Florida~ Inc.
. Employment preparation ~:ervices
. Computer assembly for 'i major computer manufacturer
. Employment developm(;nt services
. Projects with industry (J)\"ovides services to specialized populations to engage active
involvement with busin(~ is and industry in the rehabilitation of disabled individuals)
. Computer training pror;',uns to meet the individualized needs of the disabled
. Enclaves in business fc.r ~he hard-to-employ WAGES recipients
I I . " . II.' or, "'< l.' .' I
. t:.<",
1 ".' ....!' ":' .'-'.
Weed & Seed Grant - Challenge - 2
Bolel' Centers
. Supported employment, Including programs for severely disabled and T ANF recipients
. Vocational rehabi )itatian and evaluations
. Mental health
. Psychosocial rehabilitation
. Homeless individuals
DLD Enterprises
. Motivational consultati<1l1 for group and one-on-one sessions
. Facilitation of Opening die Doors 10 Work curriculum
DLES.. Jobs and Benefits
. Employer and application matching
. EITC and employer tax credit consultation
. Unemployment insuran(;l~
Familv Services Centers
. W AGES case manageme nt
. Welfare-to-Work training and staff experience
. Family counseling
. Family loan program
Gulf Coast Jewish Familv ~ervices
. Non-custodial employrnl~llt program
. Specialized outreach selvices
. Older worker outreach, counseling, training
. mental health services
. Family counseling
Lockheed Martin lMS
. Opening the Doors to V/ork job readiness and life skills curriculum
. Job placement
. . Case management
. Program management a.1d information technology solutions
Pinellas County Urban Le,t\f7,ue
. Counseling services
. Employment
. Community outreach
. Mentoring
I' l ~ ~ I - ~ ' , : I . " ", I ' ~ It" ' .. . . ......
Weed & Seed Grant - Challl~nge - 3
RISE. USA
. Prison inmate and ex-offender training and employment programs
RPTI
. Dress for success
. Motivational consultatil)ll for group and one-on-one sessions
St. Petersbur2 Junior Col!~lliwith PTEC)
. Corporate training pro!,;rams
. Vocational assessment and counseling services
. Vocational skill and cer1ificate training programs
. College transfer services
. Quick response trainin!~ for economic development
Lockheed Martin lMS, in coBaboration with its partners, will develop a year-round
comprehensive program fOJ 100 at-risk youth and adults located in and around the Weed & Seed
areas of Clearwater at a co~t of$62,500. "At-risk" definition is having two or more of the
following: at risk of dropping out or have dropped out of school, ex-offenders, GP A 1.5 or lower,
low stanines on standardizecl tests, retention, discipline problems and suspension, attendance
problems and truancy, enrol.lment discontinuities, eligibility for Exceptional Education Program,
involvement with social service agencies, frequent and/or extended health problems, low or
inappropriate self-esteem, am; excessively stressful home life. Youth 16 and up residing in the
targeted areas will be eligible to participate in the Weed & Seed year-round program.
SCOPE OF SERVICES
Schedule of Pro2ram Parti~ipants:
Enrollment of6-7 addition~: participants each month, beginning January 1., 2000 and ending
December 30,2000 for a tot~u of up to 100 program participants over the course of the grant
period.
Location:
Program will be available ~Lt several locations throughout the targeted areas. For example: North
Greenwood Skills Center (Police Sub-station), 1100 Cleveland Street One Stop Center, and at
other locations as the need a ~ises.
..,
r.~
. . " I' , " , II' .. '~ ' / '. ..' '" " , },
.
.
Weed & Seed Grant - Challenge - 4
PROGRAM COMPONENTS
OutreachlRecruitment:
. Program Recruitment: High schools, churches, social service agencies
. Referrals from Coordinat;ng Agencies: WAGES, Jobs & Benefits, Pinellas County School
System, Police Sub-stations, Clearwater Housing Authority.
Orientation Meetines:
. Educate clients concemir:g expectations: eligibility and suitability requirements and
documentation, service l'yailable, time requirements for each step in the process,
participation requirements, outcome expectations, and follow-up requirements.
Application/Interview <!!!!lb:ili
. Documentation: Income, barriers, employment status
. Screening process
Career Assessment and Counseling Assessment (will be determined on past work history):
. The WRAT3 (Wide Range Achievement Test) will give reading, spelling and math levels
. Survey T ABE (Test of Ad~dt Basic Education)
. COPS (Career Occupatbnal Preference System).
~ife Skills Training:
Open the Doors to Work is a lite skills curriculum developed by Lockheed Martin IMS company.
Open the Doors to Work err~powers youth and adults to take control of their lives. Open the
Doors to fVork is an open-entry curriculum consisting of7 modules. Two and one-half hours of
classroom instruction each day and three one-half hours of basic educational skills in the
afternoon. The program will (lperate Monday-Friday from 8:30-5:0"0.
. Module 1 - Skills ldentifh::ation
. Part 1: C;(Being" Skills
. Part 2: General Skills
. Part 3: Job-Specific SkHls
. Part 4: What the ExpCJts Say
. Module 2 - Future Drea1ns And Tomorrow's Tasks
. Module 3 - Finding Emp"loyers Who Need My Skills
. Module 4 - Applicatior:~~, Resumes, Cover Letters, and Telephone Prospecting
. Module 5 - Interview Ski!ls
J (' I . ' - f I'" , I ' , I ."., .
.
,"
"
.
Weed & Seed Grant - Chail~nge - {>age 5
. Module 6 - Making Job 5earch A Job
. Module 7 - What Do Employers Want?
. Part 1: Seven T3ings All Employers Want
. Part 2:Exploring What employers Need And Why
. Part 3: How EJU~loyers See Wages, Promotions and Success
. Part 4: Dress For Success On A Budget
. Part 5: CommuJlication On The Job
Supportive Sen'ices:
. Referral to other agenciE:s for personal counseling, clothing, food, housing assistance, utility,
rent assi stance
. During job search limite'1 bus tokens and bus passes are available
Job Placement Assistance (on 2oinl!l;,
Outreach Counselor is available for individualized job development, applicant interview, and
follow-up.
Program Outcomes:
. Sixty percent (60%) will complete the Open the Doors program of at least 140 hours,
. Job placement for sixty percent (60%) of program participants completing the program
within the grant period.
. Follow-up will occur at :lO, 60, 90 days after job placement.
Reportin2 Requirements:
Monthly or quarterly reports .1S required by the funder will be completed.
. The reports will consist of program customer information including number enrolled,
whether residing in des;.gnated Weed & Seed area, whether meeting "at-risk" criteria, ages
. Number and percentag(~ of customers completing the program
. Job placement information (percentages, age, residence, company, job title, supervisor, wage,
number of hours workbg, promotions, etc.)
. Number of hours per customer spent in each part of the program
. Dates and times of oriel ~ation meetings
. Samples of marketing ulllterials such as: pre-applications, flyers, radio and television spots,
maHouts, posters, letterr. ,~o churches and other organizations
.~
. .
.
LO(~KHEED MARTIN,IMS
. .
PinellasWORKS
2000 Clearwater Summer Youth Program
< 1l...,.... /'
',', !
"
, . c' I,. '1 ,;..~ ',,' ...... '.. ' .. ~ '. 1., . ' .:. "~. . ~ ", . ". ~ I', " " ,".
. '~
.
CI~trwater Summer Emplovment & Trainine:
As a part of this important collaboration with the city of Clearwater, Lockheed Martin will
develop a six week summer youth employment and training program for 30 youth between the
ages of 16-23. Special emp!1&sis will be to serve youth located in the North and South
Greenwood and Jasmine CC1Jli areas at a cost of$50,000.
1. The Contractor shall furnish all material and perform all of the work for administration of
the 2000 Summer You ~h Employment Program of the City in full and complete accordance
with the following goa'.s:
. To provide 30 summer jobs for targeted youth over a six-week period in local private
sector at a cost of$50,000.
. To achieve a 75% satisfaction rating (Satisfactory or higher) from employers and youth
participating in the o~ummer Jobs Program.
. To obtain program ,~valuations from at least 75% of all summer youth participants and
their employers and from as many of the parent/guardians of youth participating in the
Program.
~ The Contractor agr{;e~ to recruit 60 customers to participate in the program.
. The Contractor will be responsible for eligibility and intake.
. The Contractor agn:es to develop 50 private sector employers to participate in the
summer youth program with the understanding that the employers will have
responsibility ofpladng all youth on the company's payroll. This will include wages,
unemployment compensation and worker's compensation.
. The Contractor will work cooperatively with the Clearwater Chamber of Commerce in
recruiting businessf;f. to participate in the summer youth employment & training
Program.
. Include a measure of' youth satisfaction with the program as part of the data collection.
. Collect and analyze information about youth who applied but did not enroll in the
Program and for Pro~ram dropouts.
. Set minimum servi(.f~ parameters, such as number of youth to be served, number of
employers to partici.pai:e, number of hours of pre-employment training for
youth! emp loyers.
. The Contractor wm provide an orientation three-hour employability skills training
before customers are placed in a job. The Contractor will have an evaluation on the
effectiveness ofth(.~ orientation/employability skills training.
. The Contractor will 'lave the responsibility of case managing all youth participating in
the summer program.
. The Contractor wilt develop a data job bank of employers needing summer youth
workers.
. The Contractor will present the City with a final report on the program no later than
October r;t following completion of the program.
~.
. . . ., . , " .... _ ", .~. " '. t.. .' ~ ,'" " ", .
..
REVISED - 12/8/99
BUDGET
WEED SEED 2000 CHALLENGE PROGRAM
AND CITY OF ':LEARWATER 2000 SUMMER YOUTH PROGRAM
1/2000 - 3/2001
Total Grant
Lite Skills Trail)! 19-$427 .50 x 100 participants
Outreach Counselor
12.50/hr*40/hrlwlt'''52weeks
Fringe . _
Clerical Person for Summer
-----
5/1/00-8/11/00 :: 15 wks*9.00/hr*/40hrs 5,400
--- --------
Fringe=FICA & _~9_@J~.9.Q_::Q~___..________._..______._____ ._._u.._. ~~?
Total Operati., 9 G Staff 82~.382
Marketing (pre..apl?S, flyers, posters) _ _ 3,000
Transportation... 2,860
Materials & Supplies (office. supplies, testing suppliesl__ ___.._~,_~oq
Telephone (cell phone, beepers) .__ 2,9I!
Support SelVice~~ (bus tokens, bus passes) 1,500
Postage ________ ___.__ ____~OO
Printing _______________ ___~,OOQ
Seminars, Tra~!,..j!!g (out-ot-town) _____._l.!OOQ
Business Meetir]ps ._ ._~O~
Van 4,000
Eligibilit~ Intake. 2,950
Space ______.___.________________. _.___.._.~~.~?
Total Other O~~ratinfL___. _~Q, 118
Grand Total 112,500
112,500
42,750
26,000
~ -- -_. - .-- .---..---
___ _____ __?!-~Q9
~n-~ind Se!.Vict~s (C~~t to Pinel~asWORKS)
Administrati'I.3 Costs = 15%
Youth Coordinator
-.-----
Youth Specia~st
_ Space
Audit
Total In-Kind iDervices
15,000
------
12,740
--,----
10,556
.-----
6,000
--_. --
7,000
----_.-
51,296
Total Cost of P!(tgram
Total Cost to Ci'
163,796
112,500
.v;
.' . ' l . .:';y.. i ' .. ~.. ..."' ~~, ~ .. . ~ "I'. ~.....' t:/., .,..'." 4; . " 1 ' ' " . ,_ ,t."",.! ,~ .. ,':~' , . ~ ..'''' .t. .
At~..ltl..
CERTIFICATE OF. INSURANce.:::"", . D;;;-~DIYY)
.
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND. OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
I
! COMPANY
I A
I
PACIFIC EMPLOYERS INSURANCE COMPANY
PRODUCER
MARSH USA INC.
1255 23RO STREET. NW. SUITE 400
'\SHINGTON, DC 20037
LMC -INFOR MGM99
INSURED
LOCKHEED MARTIN IMS CORPORATION
LOCKHEED MARTIN CORPORA TJON
6801 ROCKLEDGE DRIVE
BETHESDA, MD 20811
i COM~ANY C/GNA INSURANCE COMPANY
I
I COMPANY
I C N/A
COMPANY
o
.COVERAGES .. ...:-:;;..::::..:::::::-::,::.:-:....;.;:.::::.::: .:. '.. . ';::-:.:: .: ,<:: .,. ,.:..:,:::/:.: <:..... .... .: .':;::,::::::::: .' :::::.::......
. .. ....:..: .,:-:;"::.:., .... . ." ....
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE USTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE M~V BE Issueo OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJ~CT TO AU, THE TERMS,
EXCLUSIONS AND CONDmONS OF SUCH POUCIES. UMITS SHOWN MAV HAVE BEEN REDUCED BY PAID CLAIMS.
co I ,ype OF INSURANCE POUCY NUMBER I ! POUCY EffECTIVE POUCY EXPIRATION I
LTA ___ DATE (MM/DDIVV) DATE (MMIDDIVV)
t GENERAl. LWlIUTY I GENERAL AGGREGATE I s
A rxl COMMERClALGENEAALIJABIUTY HDO G1 966131.3 09/01/98 09/01199 PROOUCTS.COMPIOPAGG Is
Iil CLAIMS MADE ~ OCCUR PERSONAL & AD\! INJURY S
~ER"S & CONlRACTOR'S PROT I EACH OCCURRENCE S
I I FIRE DAMAGE (Any one fire) I S
MEO EXP (Any one person) I s
! AUTOIlOBILE UAalUTY I I I
n. COMBINED SINGLE UMlT . S
ANY AUTO
ro I I I
01 AU. OWNED AUTOS , RODIL Y INJURY
i SCHEOULED AUTOS I (Per penson) S
I HIRED AUTOS I BODILY INJURY I
---1 . S
: NON.QWNED AUTOS I : (per accident) I
! ! I I : PROPERTY DAMAGE I $
I
I
I
I
I
. :-:.:,.
UMITS
2,000.000
2.000.000
1.000.000
1.000,000
1.000.000
5.000
fXl'NCl.
n EXell
WLR C4 263277-6
(ALL OTHER)
NWC C4 263272.7
(WI & WY)
09/01198
I
I
I
I
I 09/01/99
: AUTO ONLY. EA ACCIDENT ~ S
: OTHER THAN AUTO ONLY: !
: EACH ACCIDENT I s
I AGGREGATE I $
I EACH OCCURRENCE i s
I AGGREGATE! $
I GARAGE UASIUTV
--..
,
ANY AUTO
L
l I
,
I
I
, ; OTHER THAN UMBREu.A FORM I
A I WORKERS COMPENUnON AND
I EIIPLOYSS' UA8lUTY
B I THE PAQFIRIETOPJ
PARTNEAS/EXECUTlVE
I OFFICERS ,\Ai!:
I OTHER
i
I
I
I
i EXCESS UABIUlV
II UMBRElLA FORM
09/01/98
09/01/99
I I S
W STATUTOAYUMITS i
l EACH ACCIDENT S
i DISEASE. POUCY UMIT I $
I DISEASE. EACH EMPLOYEE! $
1.000.000
1,000,000
1,000.000
DESCRIPTION OF OPERATlOttSllOCATlONSIVEHICLES/SPECIALITEMS (UNITS MAY HAVE BEEN REDUCED BY PAID CLAIMS '-ND MAY HAVE DEDUCTIBLES OR RETENTIONS)
RE: JOBS AND eDUCATION PARTNERSHIP - REGION 14 . ONE-STOP SERVice DELIVERY SYSTEM RFP.
THIS CERTIFICATE IS FOR RFP PURPOSES ONLY.
PROPOSAL DATE: 8/20/99
II
CERT,IfJ~ TE: H.q~t;~:\':~:\().::.;:,:::,::;:((..;.::: ::<;>:::::.:':.' <:::::::://(\;.?:::U::):=::=:::::<::::.:.\:,::.:>::;;\~~C~TtON.::\>/::.::(}': . . ..:::.:::::::.tt/:." ..:::.... '.
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES 8E CANCEUED BEFORE THE
EXPIRATION DATE THEREOF. THE ISSUING COMPANY Will ENDEAVOR TO WAIL
,.jQ.. DAYS WRlnEH NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE leFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE HO OBUaATlON OR UABIUTY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESEHTATlVES.
AUTHORIZED REPnESENTA TIve
PINELLAS WORKFORCE DEVELOPMENT BOARD.
INC. AND PINELLAS WAGES COALITION
ADMINISTRATIVE OFFICES
13770 58TH STREET NORTH. SUITE 312
CLEARWATER, FL 33760
I
ACORD 25-S (3/93)
.. :: ':'. ..
..:..;......
.~.t"
.. , ...
:: .......... :
~ ACORD CORPORATION 199i
6A
WI
Worksession Item #:
Clearwater City Commission
Agenda Cover Memorandum
0N\ ~
Final Agenda Item #
Meeting Date: J . ~ .06
f
I
SUB J ECT IRECOMM EN DATION:
Approve the Memorandum of Understanding in support of the One-Stop Career Center System.
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The One-Stop Career Center System prepares people to develop the local economy and strengthen
our community by providing training, education, and employment services.
. One-Stop is operated under the auspices of the Pinellas Workforce Development Board (PWDB) which
is a coalition of local agencies providing services as referenced above.
. The One-Stop System makes career development services accessible to citizens throughout Pinellas
County.
.. According to PWDB staff, the Memorandum of Understanding (MOU) does not obligate the City of
Clearwater to provide any funding or staff for the project.
. As a major City in Pinellas County, The City has been asked to sign off on the MOU to show its support
for the concept of providing these services in locations throughout the county convenient to the
customers to be served.
. If, in the future, the City desires to provide staffing for the One-Stop program, it will be necessary to
consult Risk Management and Human Resources to ensure conformity with applicable City policies and
procedures.
Reviewed by: Originating Dept:
legal Info Srvc N/A Human Relations
Budget N/A Publ ic Works N/A User Dept.
Purchasing N/A OCM/ACM
Risk Mgmt N/A Other N/A Attachments
Costs
Total
Current FY
Funding Source:
CI
OP X
Other X
Submitted by: 12... JJ
City Manager .m ~
o None
U Printed on re<:ycled paper
Rev. 2/98
, , , . irt-, t. . . " ' . ,'. . ," J' ", I . ' , ' . , '. I \ " (I '," ' , ',,; I.. ~ '
..
<Q., ~~
( ,
I .
. \
~ .
.'< \ .:/.,
..:S\: ~:',
PINELLA.S COUNTY
BOA~D OF COUNTY COMMISSIONE~S
\
I ,t _
PHONE (727) 464.3363 · FAX (727) 464-3022 · 315 COURT STREET. CLEARWATER, FLORIDA 33756
ROBERT B. STeW ART
CHAIRMAN
COPIES TO:
COMMISSION January 5, 2000
The Honorable Brian 1. Aungst, Mayor
City of Clearwater
112 South Osceola
Clearwater, FL 33758
JAN - 7 2000
PRESS
CLERK I ATTORNEY
Dear Brian:
I am writing to request the coordination status of the Region 14 One-Stop Career Center Systeln
Memorandum of Understanding (MOD) discussed at ajoint meeting on December 1, 1999. As you
recall, completion of this MOD is essential to the release of nearly $200,000 in customer training
funds that are currently being withheld by the State Workforce Development Board.
If your final coordination and signature is being held in abeyance due to a higher level coordination
requirement within your agency, then I would request that you prepare a letter of comnlitment to
the One-Stop MOU stating that final signature is pending approval by an additional body and
identifying the timeframe when final signature is expected.
If there are specific issues precluding your agencies commitment to the MOD or overall One-Stop
process, please identify them to me with a copy to Jerry Custin, Pinellas Workforce Development
Board One-Stop Coordinator. Your prompt attention to this matter is appreciated.
For your convenience, a status report on the coordination process is attached. We are anxious to
move this process to completion in a timely manner and request your action prior to the next One-
Stop meeting on January 19,2000. Thank you.
Sincerely,
~.~
Robert B. Stewart
Chairman
Board of County Conlmissioners
Attachment
"PINELLAS COUNTY IS AN EQUAL OPPORTUNITY EMPLOYEAH
Q
PRINTED ON RECVCLED PAPER
.10
Region 14
One-Stop MOU Coordination Status as of January 4, 2000
Agency
Status
Board of County Commissioners
Approved December 7, 1999. BCC will be
final signatory.
PWDB
Coordination complete. Awaiting signature.
Pinellas WAGES Coalition
Staff coordination complete. Awaiting
signature.
Department of Children and Families
Signed document received by PWDB.
Workforce and Employment Opportunities
Remains in staffing process.
Vocational Rehabilitation
Signed document received by PWDB.
St. Petersburg Jr. College
Approved by Board December 14, 1999. In
final staffing.
School Board of Pinellas County
Letter of commitment on file. A waiting
formal Board approval January 11, 2000.
AARP Foundation
Signed document received by PWDB.
Division of Blind Services
Formal concerns cited by State coordination
authorities. Provided to PWDB January 4,
2000. Staffing incomplete.
City of St. Petersburg
Approved by City Council December 16,
1999. Awaiting final signature.
City of Clearnrater
Verbal approval of City Manager per
January 3,2000 phone conversation with
Rita Garvey.
S1. Petersburg Housing Authority
Signed document received by PWDB.
Pine lIas Works
Signed document received by PWDB.
, .. ,tf, .' . I.. . Ii" . t " . j
eM~.~
dY
13770 58th Street North, Suite 312, Clearwater, Florida 33760
Phone (727) 524-4344. FAX (727) 5244350. SUNCOM (727) 513-4344
Mission: To provide the community a fully integrated system of employment, education, training, and supportive services
for the p~ose of developing economic strength and global competitiveness of the ~R!S TO:
111' fl I ~ COMMISSION
November 19, 1999 ~ · LA-c..d:h' 1"\ ~
.
NOV 2 2 ';~"
~~fJ-l .
~ J1...J./~
n ~A 1M~ . '7L. ~i: hit.y
Z~ ~Oti: lue-4 ~
Mayor Brian 1. Aungst
City of Clearwater
112 South Osceola
Clearwater, FL 34618-4748
PRESS
CLERK I AlTORNEY
Dear ~Iayor Aungst:
You have received an October 21, 1999 letter from Commissioner Robert Stewart, Chainnan PWDB One-Stop Committee,
concerning an upcoming December 1 meeting to coordinate a system-wide One-Stop Memorandum of Understanding (MOU). There
have been questions regarding the intent and format of the Description of Service and Commitment Data Sheet (Attachment 2) that is
part of the draft MOU foJW3Jded under the cover of the above tetter. nus memorandum offers clarifying instmctions to that letter
regarding Attachment 2.
The overall common commitment of the PWOB and partner organizations to the One-Stop process is contained in the
RelponsibiJitieJ section of the MOU. Attachment 2 is provided to allow individual partner organizations to describe their specific
e.~tions of and contributions to the One-Stop Career Center System. Thus the complete MOU will consist of a common
agreement signed by all partners with a series of attaclunents specifying individual partner agency needs and contributions in tenns of
staffmg, space, seIviceslfunctions offered, etc. In essence, Auacluncnt 2 is developed as a separate agreement between the PWDB and
a partner agency in the context of the overall system MOU.
It is expected that you or your representative will attend the December 1 meeting with a completed .Attachment 2 in hand to enable a
comprehensive discussion of system capabilities and requirements. Any In-Kind contribution that your agency is making or can make
available to the One-Stop system should be specifically developed witb a projected cash value identified if possible. This can include
staff use to support One-Stop activities additional to their assigned agency role, space offered to One-Stop partners at the facility of
another partner or other similar types or levels of cooperation that can be described in tangible terms. I trust this clarifies expectations
in this area. If there are questions pleJlSC contact Jerry Custin, Onc~..Stop Coordinator, at (727) 524-4334 or icustin@intnetnet.
S~t
../~~.-/'
\ BruCC'"'9aptist
Executive Director
~~.
't-L. a, f'-: ~ c:, --RJa. ~
...w-L "' ".;. ~ ·
dr
Enterprise Florida
Jobs & Education Partnership Region 14
,.....,...;.
\r;,.. rho,,.
Joseph Lang, Atty.
c;,.rr,.IAN
David T. Welch, Ed.D.
T......~..r..t'
Earnest Williams
Sharon Rhoads
1: ~-
~lf\
FILE No. 214 12/01 '99 18:02 ID:CAREER OPTIONS ADMIN
B13 be4 4:';bU
~Hl::l~ 1
p r N Il 1.. I" ^ S W 0 R K P 0 R C Il 0 e. V l!. J. 0 I) M B. N ' f ~ 0 A It D .
f:ACSI rd1 Le TltANSM l1"l'A .". sl'n~ I!'I'
To,
Cornmissiont:r R()bert gtCW'Mt
nit-a Ccuvey
Mike Ruberto
r ..ynn Ritter
E.amest William.;
Cindy Jameson
~y Reit7.
Fro..
Jerry eustin
fAX NUIIBEfb
464-3022
446-822.'>>
562-4052
893-2580
791-3459
895-3823
441-9926
COMPANY.
D.t.
Dec(mber 1, 1999
PHONE NUMIiERI
TarAL NO. OF PAGES INCLUDING COVERt
14
8ENDEInI REFIiRENCE NUMBER:
R.:
-
"tOUR REFERENCE NUMBER:
I Stop MOU
-
,Qr;--
-
"l:
o I III C1! N'r X r(JR. Rij" n~w
D l:'1.r.^Sa. COMMt\NT 0 I!1.R^SL:: llP.r1.Y
o PLU^Sf! )U~CYCl..a
..LJ
-
NOTEBICOMMIiNTa.
Attached is a copy of the clean version resultant from this morning', memo. I would like 10
guarantee that all typo's have been cleared but know that perfoction dOGS not exist. I'll gladly
accept input on typo's or anything of substance that I missed (shouldn't have missed on
substance as that was dona in full view during the meeting). Thanks for your energy and
perseverance - two great traits of a winning team.
Jerry
PHCJN~\ <"t3) S:tof of3,).I ~ I"~XI (liD) SH."~!\O
FILE No. 214 12/01 '99 18:02 ID:CAREER OPTIONS ADMIN
813 024 4~~U
r'Hl.:2t:. C
DRAFT DOCUMENT
PlnelJIL'i W(JrkfllrCe Devel'Jpn,ent Hf}U"}
Region 14
One-L.\'top Career Center System
MenuJrllndum of Under~'ltlnd;nlf
This Memorandum of Underslanding outlines partnering agencies, services offered, budget, management
structure and expected outcomes concerning the operation of the Region 14 One-Stop Career Center System.
This system will be marketed as the Pinellas Employment Partnership to more directly reflect the scope of
agencies and organizations comprising the system. When referring to their relation9hip to the Region 14 One-
Stop Career Center System partnering agencies will hereafter be referred to as members of the Pinellas
Employment Partnership,
WHEREAS the Workforce Florida Act of J 996 (WF A) directs Regional Workforce OevelOplllent Boards to
establish a One-Stop Career Center System) and,
WHEREAS the Florida Work and Gain Economic Self-Sufficiency Act (WAGES) directs regional WAGES
Coalitions to uperate One-SLop Centers coincident with Florida Workforce and Employment Opportunities
locations. and)
WHEREAS the Workforce Investment Act of 1998 (Wl"A) directs stales to establish a One-Stop service
delivery system within each workforce development region and further specifies required partners oflhat
system and institutes a three tier service delivery model consisting of core) in~ensive and training services, and,
WHEREAS Florida Public Law 99-251 further defines Regional Workforce Development Board
responsibilities) required services and authorilies in establishing a One-Stop Career Center System including the
addition of other partner organizations supplementing the provisions of WlA as well as the completion of a
'comprehensive M'emorandum of Understanding (MOU) between and among all system pal1ners, and
Now therefore be it resolved that the Pinellas Workforce Development Board (PWDB), through the completion
of this MOU) plans to meet and/or exceed the spirit and the Jelter of all legislation and implementing directives
in developing an efficient and effective One-Stop Career Center System following the principles ofuniversalitYa
service integration, customer focus and system performance.
Missioll) Vision Mnd Goals
The PWDB has defined the mission of the One-Stop syslem as:
Pr.:parft people /0 develop the I()cal economy and streng/hell our commJlnlty
The service deHvery visioll established by the PW'PB is:
lixce/lem:e i11 service inlegraliol1
JUIU illl/wol k 'Old \llmrrainp/lmll_ln,l9!J/llllo,amu\I
I.
FILE No. 214 12/01 '99 18:02 ID:CAREER OPTIONS ADMIN
813 524 4350
PAGe ~
DRAlrr DOCUM'ENT
Similarly, the mission and vision statements are supported by the following primary goals:
. Superior customer service for both employers and job seekers
. lmproved communicalions belween partner staff
. Elllcient, accessible and cost-effective service delivery
. System sustainability
. Optimal preparation for more and better jobs in our region, and
I)llrtne,'ing agencies completing this MOU accept the One--Stop mi:ision, vision and goals above as well as their
responsibilities in fostering a broad array of,ervices, consistent with their individuaJ agency missions, delivered
in a manner to meet the system vision.
System Governance
Centralized system policy and direction will be accomplished through the PWOB One-Stop Committee, a
slanding Board committee as identified in it~ By--Jaws. The Chair of'this committee will be a PWDB member.
The specitic responsibilities of this Committee are to:
a. Conduct oversight, with respect to the One-Stop delivery system for Region 14 (PinelJas County)
b. formulate recommendations to ensure information about and access to B. wide array of job training,
education, and employment services is available for customers at accessible locations.
c. Provide for up-to-date labor market information, which identifies job vacanciesJ skills necessary for in-
demand jobs) and includes information about local, regional and national employment trends.
d. Provide a system for employers to have a single point of contact for information about currenl and future
skills needed by their workers and to lisc. job openings. They will benefit from a single system for finding
job ready skilled workers who meet their needs.
e. Develop memorandum(s) of under stun ding with one-stop partners and in agreement with the chief eJected
official, and
The One-Stop system wilJ operate in a decentralized manner led by a system operator designated or procured by
the PWDB. The PWDB and the PinelJas WAGES Coalition (PWC) have jointly procured Pinellas Works, a
multi-agency consortium, as the One-Stop operator through June 30, 2001. Attachment I summarizes the
minimum One-SLop services required under WIA and FJorida PL 99-251. Each partner agency will be
responsible for providing those services in which they specialize and for which they provide funding as set forth
in Attachment 2. Specific partnering agency roles and functions will abo be accomplished by completion of an
agency Description of Services and Commitment data sheet (Attachment 2). Attachment 3 outlines parlner
organizations as required and permitted by federal and state legislation as well as clarities the use of the term
partner throughout this Memorandum.
· , I. .~. .....1........ i .._I'l"UI nnC)9J tlllcmmo"
FILE No. 214 12/01 '99 18:03 ID:CAREER OPTIONS ADMIN
Bl:3 b24 4~bU
I-'Hl.:lt: II
D RA FT DOCU I\'fENT
II is the intent of the PWDB to develop and maintain at least three full service centers at north, mid and south
county sites to support customer access. The system operator will be responsible for coordinating the day to
day functions of the full service Ono-Stop Center(s) as well as providing for service interface through the One-
Stop satellite network to facilitate integrated service delivery.
PineHas Worka will form a management team comprised of all partnering agencies at each full :iervice center to
facilitate the development of an integrated service delivery structure. Day to day staff supervision at the full
service One-Stop centers will be at lhe direction of the Pinellas Work~ site supervisor. Site supervision at the
satellite centers will be the re9ponsibiJity of the host agency. Pinellas Works will assign a staff member to
facilitate coordination with service delivery at the satellite centers.
Services may be delivered via three methods: direct staffinlerface on sile, referral to another location for actual
service delivery and electronically through technology interfaces. The PWDB has acquired and will maintain. .
An internet based management information system, trade name NetPool, to facilitate more efficient and cost-
effective interaction between and among partner agencies, the business community and service seekers.
it is inherently understood through lhis MOU that One-Stop partners wm otTer their services consistent with
their mission at specifically designated One-Stop centers. Further, that partners will provide staff support to the
One-SLop centers consistent with their organizational mission and the needs of the particular cenler as reflected
in Attachment 2. As service delivery is 8 dynamic process, partners have the right and responsibility to
approach the PWDB through the committee process regarding projected changes in their individual service
delivery capabilities. This includeli tbe potential establishment of additional full service and/or satellite One-
Stop centers or change in staff commitment at an e"isting center. All such changes will be coordinated through
the PWDB.
Additional agencies may be invited to provide services through the One-Stop system at the full service or
salellite ce.llers according to lhe need of the individual center and the availability of resources appropriate [0 the
service delivery process. The system operator has the authority to approve such additional services unless this
would require an adjustment of the contracted budgel held with the PWDB and PWC. Rost agencies at satellite
centers may add additional services or agencies at their discretion unless such additional service requires
funding commitment by either the PWDB or PWC. All such service enhancements wilJ be reported to the One-
Stop Committee. Any resource commitment required by the PWOB and/or the PWC to effect additional serv ice
delivery must be approved by the One-Stop Committee and the PWDB and/or the PWC as required. Such
udditional service organizations shall be considered One-Stop affiliates unless a decision is made by the PWDB
and the I)WC to pursue a formal partnership as constituted under the provisions of this MOemorandum.
n.espollsibilities
Under (he provisions of this M'OU the PWDB wjlJ:
a. Establish and maintain a standing One-Stop Committee.
b. EsLablish functional sub-committees, as required, to support system mi8sion, vision and goal.~. Soch ~ub-
committees could include marketing, technology, performance, operations, etc.
FILE No. 214 12/01 '99 18:03 ID:CAREER OPTIONS ADMIN
813 524 4350
I-'H t:it:. b
DRAFT DOCUM.ENT
C. Ensure that all 9ignatories to this MOU are represented on the Committee. The PWDB~ with Committee
coordination, may also invite olher agencies (optional or not legislatively required) and/or entities to serve
on the One-Stop Committee to facilitate It more comprehensive system.
d. Develop a resource-sharing plan to effectively leverage resources available lhrou14hout the system and to
ensure long-term system sustainability.
e. Direct PWDB contracted service provider(s) to adequately staff designated full service One-Stop centers to
provide aU services incident to all WIA, WTW and any other programs conducted under PWDB authority.
f. Maintain close coordination with the PineIJas WAGES Coalition to facilitllte service integrat.ion with
WAGES service programs. This may include joint procurement of service providers and associated
management support services.
g. Direcl PWDB contracted service provider(s) to lead coordination efforta in establishing an integrated
service deliyery plan both within the designated full service centers as well as all designated satellite cenle.-s
LO include customer referrals.
h. Provide contracted service providers a position on the One-Stop Committee to facilitate an effective and
enduring interface between the system management and system operational functions.
Develop and maintain an effective Management Information System 10 support all program customer
processing and reporting requirements.
Establish system performance standards, .supporting performance measures and an effective reporting
system.
k. Participate in the development, acquisition and maintenance of advanced technologies to support a broad
base of cost-effective interfaces and service delivery alternatives to include system partners, other
community based organizations, service seeker., and employers.
I. Consider partner requests for additional service locations and/or staffing requirements at designated centers.
m. Develop additional individual agreements with selected partner agencies Wi required la support One-Stop
objecliv~s) and
.
J.
J.
Under this MOU partnerins agencies will:
a. Designate staff to serve on the PWOB One-Stop Committee and appropriate One-Stop sub-committees
in accordance with individual agency mission requirements.
b. Cooperate with Pinellas Works in the management of the One-SLOp system as described in this MOO.
c. Individually complele a Description of Services and Commitment data sheet (Atch 2) reflecting the
commilment of statI: services and basic resource investment at each One-Stop operating location.
d. Provide staff SUPPOlt adequate to accomplish individual agency mission at designated full service
centers. This statling support can either be accomplished by physical presence, directed referral or
technology based as coordinated through the One-Stop Committee. Full service panners must have
stan' physically present at the full service centers.
e. Provide staff support or interlace to system satellite centers in consonance with their organi2ational
mission or as coordinated through the One-Stop Committee.
I: Panicipate in the development ofltn effective and efficient resource-sharing plan across the partnership
ba.se that may include staffing, staff cross trainin& space and leasing requirements, utilities and supplies
and technology in1rastructure. Such leveraging can include clearly identifiable fn-Kind contributions as
applicable to the agency mission and identified in Attllchment 2.
g. I'nform the One-Stop Committee of any suggested or projected change in the service delivery process to
include staffing or service locations.
FILE No. 214 12/01 '99 18:04 ID:CAREER OPTIONS ADMIN
~l~ oc4 4:;bU
r'Hbt: "
D1UFf DOCUM'ENT
h. Recommend and complete any additional formal agreement with the PWDB necessary to develop more
specific guidelines supporting agency participation in the One-Stop system.
i. Participate in key technologies being developed by the PWDB. This specifically includes active
panicipation in the NetPool system in establ ishing customer accounts and related common funclions
such as integrated case management.
J. Participate in efTorl.$ to develop a mort integratetJ service delivery process and identify any policy or
prucedural obstacles to integrated service delivery to the One-Stop Committee for staffing and study.
MM,.ill' l...utj,; lilnJ~/nlt:clin8ll'on.~&)p~)/llIlnflml,"
5
General Provisionl and Conditions
Notwithstanding anything in this agreement to the contrary, the partics acknowledge and agree as follows:
a. Customer inforrnation obtained under the confidentiality provisions under Florida and/or federal law as it
applies to a specific partner agency will be properly protected in compliance with those directives. Such
partner agencies may share tbis inforrnati(m under limited circumstances that must include:
. W'hen necessary to effectively administer their program; and,
· When the customer has consented in writing to the sharing of information.
Partners affected by such provisions agree to share with its One-Stop partners that customer information
necessary to secure appropriate employment outcomes for their customers,
b. Any specific agency requirements concerning cl ient confidentiality will be described in Attachment 2 and
Lake precedence over the Beneral provisions.
c. All partners agree to maintain in full force durinB the term of this MOU commercial general liability
insurance or self-insurance for those service activities and staff' actions incident to their organizational
mission. Such coverage and liabilities shall be in accordance with statutory limits as contained in F.S.
768.28.
d. No partner organization will discriminate in its employment practices or treatment of employees and/or
system customers on the basis of race. color, religion, sex, age. marital statuB) or national origin nor will any
partner discrimilla.le against any individual with a disability. Each partner organization recognizes that
sexual hanssment constitutes discrimination on the basis of sex.
e. Should funds not be appropriated or otherwise made available to any partner organization to support the
continuation and performance under the provisions of this M'emorandum in any subsequent fiscal period,
then thi~ Memorandum shall be ca.ncelled or renegotiated.
f In the event (lfacontlict between anyone of the One-Slap partners hereto concerning the terms ofthjs
agreement, the provision ()f services within the Pinel.as One-Stop Cueer Center System 01' any other matter
relating to or arising oul of the terms of this agreement, the pan:ies agree to attempl, in good faith, to resolve
the agreement through the following process;
1. informal: Stan' of partner agencies will first meel in an informal setting to discuss the nature
of the dispute and to discuss appropriate positive solutions to the conflict
: .'. ....... . . ,',' . .' ..' .' '" , . . '" ' . ..,
FILE No. 214 12/01 '99 18:04 ID:CAREER OPTIUN~ ~UMIN
~l~ o~4 Ll~OU
t"H\:lr::.
DRAFT DOCUMENT
2. Formal Level l: In the event the informal discussions among staff do not bring resolution to the
conflict, the administrative heads of the organizations affected shall meet to review prior staff efforts at
resolution and to work at resolving the conflict. The PWOB One-Stop Coordinator will be made aware
of partner discussions al this level and will be available to seNe as a facilitator as required or as desired
by the panners engaged in dispute.
J. Formal Level 2: In the event the administrative heads are unable to meet to resolve the conflict, the
involved agency or administrative heads shall meet with the PWDB One-Stop Chair 10 discuss and
resolve the conflict. rr necessary and appropriate. the issue will be presented to the PWDBExecutive
Committee or joint PWDBIW AGES Executive Committees as required. lfthe issue cannol be resolved
at this level. (he full Pinellas Workforce Development Board shall meet to resolve the contlict. The
contlict will be separately or jointly presented to the joint PWDa and PineJla.s WAGES Coalilion as
required.
Each partner snail undertake 10 train and educate its staff to assure compliance with privacy and confidentiality
of the records and information as well as all appl icabJe policies of the partners hereto. Each partner asrees that
the One-Stop staff will be cross-trained where appropriate to prcwide joint activities and services. Pinellas
Works as the system operator shall regularly assess the training and development needs of One-Stop statl~
Nothing herein shall be deemed IG abrogate or replace any provision of the Florida statutes or FederaJ Law.
This Memorandum will be effective from the date of signature by the PWDB Chair to June 30. 2001. The On&-
Stop Committee will review this Memorandum on annual basis not later than April 30 of each calendar year.
Agency heads or specifically authorized repr~sentatives may request modifications to this Memorandum at any
period. Any requested modification must be forwarded in writing to the PWDB One-Stop Coordinator.
~1odifica.tjons will not be processed or considered in effect until they are made in writing and approved by the
One-SlOp Committee and the .PWOB and/or the PWC as required based on the nalure of the modification.
Similarly, agency heads or specifically authorized representatives may submit a written request to terminate
their relationship under this M"emorandum with or without cause. The PWDB and PWC may also choose to
terminate a relationship with a partner based on written notification to that partner with or without cause.
Partner relationships established in federal or state statutes may nOl be terminated.
.1iI11hll/wud:I~&J"JIII\I.linp'uIlOllltlfl!)9/1 Mklpmou
6
"'J:
FILE No. 214 12/01 '99 18:04 ID:CAREER OPTIONS ADMiN
~1~ b~4 4joU
I"'H~t:. 0
DRAFT DOCUMENT
M'y signature indicates my understanding of and commitment to the principles outlined in this Memorandum.
Providing Workforce Investment Act and
Welfare to Work program activities
Providing Work and Gain Economic
Self Sufficiency program activities
-
Pinellas Workforce Development Board
Earnest Williams
Chair
~v-_.
Pinellas WAGES Coalition
Alfonso Woods
Chair
Providing Wagner-Peyser, Trade Act of '1974,
Chapter 41. Tille 38 use and state Unemployment
Compensation program activities
Providing Vocational Rehabilitation
program activities
Florida Division of Workforce and Employment
Opportunities
James Moore
Regional Administrator, Region IV
Florida Division of Vocational Rehabilitation
Maria Risco
Distriot 4 Director
Providing Carl D. Perkins Act program activities
Providing Adult Education, Literacy and
Carl D. Perkins Act program activities
St. Petersburg Junior College
W. Richard Johnsron
Chairman of District Board of Trustees
The School Board of Pine lias County
Dr. Ma)( Gessner
Chairman
Providing Older Americans program activities
Providing services to the Blind
AA~ Foundation,
Senior Community Service Employment Program
Polly Boyd
Area 1 V Supervisor
Florida Division or Blind Services
Lynn Ritter
District Adminislrator~ District 8
admin I/VI nrkliml \l/mcc:,in~/QnlUlC'lrCJc)/1 wtormuu
7
..y,;' .
FILE No. 214 12/01 '99 18:05 ID:CAREER OPTIONS ADMIN
813 524 4350
I-'Hl:at:: !:I
DRAFT DOCUMENT
Pr<lviding Community Development Block
Grant programs activities
Providing Community llcvclopmcnt J)lock
Grant programs activities
Pinellas County Board of Commissioners
Sallie Parks
Chair
,
City ofSt. Petersburg
David 1. Fischer
Mayor
Providing Community Development Block
Grant programs activities
Providing HUO employment and training
program activities
City of Clearwater
Brian I. Aungst
Mayor
S1. 'Petersburg Housing Authoriry
Darrell J. [rions
Executive Director
Providing T ANF, Food Stamp and WAGES
Related program activities
pwoa and Pinellas W AOES Coalition
One-Stop Operator
Florida Department of Children and Families
Lynn Richard
Dislrict Administrator) Department of Children and Families
PinelJas Works
Camille Brockman
Project Director
.,Jmi'l J1wl"k'incJV/II\cctillpA\'IlI.wp911/11t.",mnu
8
FILE No. 214 12/01 '99 18:05 ID:CAREER OPTIONS ADMIN
Bl~ b24 4:;00
fJf4Gt:. IV
DRAFT DOCUMENT
Core Services
onive services assessment
10 rnent
ro rams
Trainin Services
activities in combination with other trainin . activities
)0 ment
erati ve education
Will in I JWL'tkIOr&JvJlncctinplJ)nDllll"'I~9Jlllh)lln)0\1
C)
FILE No. 214 12/01 '99 18:05 ID:CAREER OPTIONS ADMIN
813 524 4350
fJHl.:it. 11
DRAFT DOCUMENT
Attachme.I'1
De.crip.ion or Services and Commitment
J\epresenting (agency completing the attachment) by completion of this memorandum of understanding, r
commit staff of this agency to otTer the following services through the Region 14 One-Stop Career Center
Syslem.
!slmlilicnt,ion or S~!Viee.:
By agency directive and implementing instructions, the above services will be offered primarily and/or
exclusively to the following target client groups:
1artet GrOttll':
UnleS9 otherwise specified, services of this agency will be offered by direct staff presence at the core Onc-Stop
centers as established by the Pinellas Workforce Development Board and On&-Slop Committee process. By
completing thili agreement, I understand that this agency will be directly represented at both the PWDB and
One-Stop Committee level.
It is further agreed that this agency will participate by direct statT presence at system satellite centers on an as
required/as available basis as coordinated through the One-Stop Committee process. I understand that this
agency may propose additional service locations through the One-Stop Committee process and that any such
additional service location will be duly coordinated through this structure.
It is also the intent of this agency [0 fully support regional efforts in service delivery including electronic means
and referral mechanisms.
. Managers ofthi:t agency will be specifically identified and authorized to actively participate in management
meetings at lhe center level. It is the intent of this agency to fund staff and all associated SUPP()rt costs for their
operation at each location unless otherwise specified or agreed with a service host. The number of staff
assigned to the One-Stop Center system and estimated annual budget for supporting this commitment will be
reported to the PWDB One-Stop Committee.
.'~IIIIlI/""nrkrnrdY/n,cotin8>>'unr:.tnr!)91 t """mou
10
" . " .. r"'..... ,{ ," . '... .. .
\ t ',," t' , :,. " ',' . . t
FILE No. 214 12/01 '98 18:05 ID:CAREER OPTIONS ADMIN
813 524 4350
PAGE 12
DRAFT DOCU'MENT
Attachment 3
Explanation of PartneriQI Terms and Relationship.
Relating to this Memorandum, terms are used in the context described below:
i. "Partner" refers to any agency that is a signatory to this M'emorandum. Unless otherwise specitied by an
additional modifying word or phrase in the text of the Memorandum, no delineation is made between
required or optional partners specified in either the federal or state law reflected above.
ii. The use of the term "partner agency" elln be considered synonymous with the use of the term "partner"
as described above.
iii. ."One-Stop operator" is a term relating to a "panner agency" that has an additional contractual
rolationship with the PWDB and PWC to fulfill specific One-Stop management and service provision
activities additional to those described in this Memorandum.
IV. "Full Service Partners" refers to those Hpartner agencies" that are required to have staff presence in the
core or full service One-Stop Centers designated by the PWDB in coordination with the PWC. Those
"partner agencies" may also have stllffpresence at satellite centers as specified in Attachment 2 or under
separate agreement. The location and services offered by "partner agencies" that are not identified as
.'filll service panners" will also be documented in Attachment 2. Any "partner" may have staff
representation at either a core or satellite center. HFull Service Partners" specifically include:
a. The One.Stop operator,
b. Strvice providers under contract to the PWDB and/or the PYle conducting activities related to
Workforce Investment Act, Welfare To Work Of WAGES customers)
c. The Department of Children and Families)
d. The Division of Workforce and Employment Opportunities,
e. The Division ofVocat'ional Rehabilitation. and
f. PinelJas County Schools to support Learning Laboratory activities
Reqlaired partners:
In genera', each entity that carries out a program or activities described in Attachment Ishall:
(i) make available to participants, through a one-stop delivery system) the services described Attachment I
that are applicable to such program or activities; and
(ii) participate in the operation of such a system consistent with the terms of a regional memorandum of
understanding and with the requirements of the Pederallaw in which the program or activities are
~thori2:ed.
Programs and activities. The programs and activities addre9sed under this legislalion consist of:
(i) programs authorized under lhis title;
(ii) programs authorized under the Wagner-Peyser Act (29 U.S.C. 49 el seq.);
(;;j) aduh education and literacy activities authorized under title II;
lIlJmin I/wllI k'urd v/nu:ctin""C'tllw.t4tp!)9/l.,npml')U
II
;"".1
"J.
FILE No. 214 12/01 '99 18:06 ID:CAREER OPTIONS ADMIN
Bl:; oc4 4~o()
t-'Hl:It. J.-:S
DRAFf DOClTMENT
(iv) prograJns authorized under title 1 of the .Rehabilitation Act of 1973 (29 U.S.C. 720 et seq.);
(v) programs authorized under section 403(a)(5) of the Social Security Act (42 {J.S.C. 603(8)(5)) (as added
section 5001 oflhe Balanced Budget Act of 1991);
(vi) activities authorized under title V oflhe Older Americans Act of 1965 (42 V.S.C. 3056 et seq.)~
(vii) postsecondary vocational education ac"1ivities authorized under the Carl D. Perkins Vocational and
Applied Technology Education Act (20 U.S.C. 2301 et seq.);
(viii) activities authorized under chapter 2 of title n of the Trade Act of 1974 (19 U.S.C. 2271 et seq.);
(ix) activities authorized under chapter 41 of title 38, United States Code;
(x) empJoyment and training activities carried out under the Community Services Block Grant Act (42
U.S.C. 9901 et seq.)~
(xi) employment and training activities carried out by the Department of Housing and Urban DeveJopment~
and
(xii) programs authorized under State unemployment compensation laws (in accordance with applicable
federal law).
Additional partners:
In general, in addition to the entities required partners described above. other entities that carry out a human
resource progntm consistent with the activities described in Attachment 1 may:
(i) make available to participants, through [he one-stop delivery system. the services described in
Attachment I that are applicable to such programs; and
(ii) participate in the operation of such system consistent with the terms of a regional memorandum of
understanding and with the requirements of the Federal Jaw in which the program is authorized; if the
local board and chief elected official involved approve such panicipation.
Progrftnll. The programs authorized under this legislation subparagraph (A) may include:
(i) programs authorized under pactA of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(ii) programs authorized under section 6{d)(4) oflhe Food Stamp Act of 1977 (7 U.S.C. 201 5{d)(4))~
(Hi) work programs authorized under section 6(0) of the Food Stamp Act of 1971 (7 V.S.C. 2015(0));
(iv) programs authorized under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.)~
and
lullll in) IW\ltk'ill\SV/Ill""lillp/unoKop!,\l)/llIU)fll1"lU
12
\~?
.1
.", . ~'.'::J~,.., .....,.
FILE No. 214 12/01 '99 18:06 ID:CAREER OPTIONS ADMIN
~l~ b~4 4;;bU
. t"HI.:lt: J.Ll
DRAFT DOCUMENT
... (v) other appropriate Federal, Slate, or local programs, including programs in the private sector.
The following paragraph is based on Florida Statute 99-251 and supplements PL 105-220 relating to One.-Stop
partners. .
In addition to the mandatory panners identified in Public Law l05-220, Food Stamp Employment and Training,
Food Stamp work programs, and W AGESrrANF programs shall. upon appro"al by the Governor ofa transition
plan prepared by the Workforce Development Board in collaboration with the WAGES Program State Board of
Directors, panicipate as partners in each One-Stop Career Center.
Inln1 UI l'wlItk 'unJ \/1 rnoQ&i I' IIl'/nll.Mt IlpSl~/15klrmll)u
13
..-1.'
.,l
, . . I ~ ~ . , , I . I .,. ,.... "',', " . '.,.. . / \\, I , "
jV\(<.1-
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeti ng Date:
dO
,. ;;ZOo 00
Final Agenda Item #
SUBJECT/RECOMMENDATION:
Approve the assignment of lease of the Clearwater Airpark from the current lessee, Clearwater Ai rcraft,
Inc. to Day Tripper Aviation, Inc. with no changes in the existing lease,
I&l and that the appropriate officials be authorized to execute same.
SUMMARY:
Mr. Clarence Emshoff, President of Clearwater Aircraft, Inc. has requested the consent of the City of
Clearwater to assign the existing lease and Operating Agreement dated 26 November, 1997 to Day
Tripper Aviation, l':'Ic.
Assignment of the existing lease is permitted with the Cities consent in Alticle XI page 22 of the existing
lease. Upon assignment, Day Tripper Aviation, Inc. as lessee would act as the Fixed Base Operator
(FBG) for the daily operation of Clearwater Airpark in accordance with the responsibilities outlined in
the current lease.
The current lease has two years and 10 months remaining on its initial term which continues through 30
November, 2002. At that time the Lessee with the Lessor's consent may renew the Lease Agreement for
two consecutive five (5) year lease periods in accordance with the terms and conditions outlined in
Article I of the current lease.
Day Tripper Aviation will aquire the assets of Clearwater Aircraft, Inc., including the name "Clearwater
Aircraft, Inc."
While this action makes no changes to the existing lease terms or conditions, it will enhance the
operation of the Clearwater Airpark by consolidating all management functions under one entity. The
consolidation of assets and programs will aid in enforcing existing rules and regulations and assure
consistent education in and application of existing noise abatement procedures in response to
neighborhood concerns.
Submiued by:
City Manager
Printed on r~-ycled paper
Info Srvc
Public Works
DCMlACM
Other
Costs
Total N/A
Reviewed by:
Legal (~
Budget N/A
Purchasing N/A
Risk Mgmt N
N/A
N/A
User Dept.
Marine
Current FY
Funding Source:
CI
OP
Other
Attachments
o None
A ro riation Code:
Rev. 2/98
'1.
:' fV\ R1-
dS
-,
ASSIGNMENT OF LEASE
THIS ASSIGNMENT OF LEASE entered into . 2000,
between the City of Clearwater, Post Office Box 4748, Clearwater, Florida 33758.
4748 ("Lessor"), and Clearwater Aircraft, Inc., 1000 North Hercules Avenue,
Clearwater, Florida 33765, ("Assignor'1, and Daytripper Aviation, Inc. 625 Court
Street, Suite 200. Clearwater, Florida 33755, ("Assignee").
WITN E S SETH
WHEREAS. Lessor and Assignor entered into a Lease and Operating
Agreement for Clearwater Airpark on November 26, 1997 ("Lease'1; and
WHEREAS. Assignor shall transfer Lease to Assignee subject to the terms
and conditions of that Lease Agreement and as further amended herein; and
WHEREAS. Lessor consents to said assignment subject to the terms
described herein.
NOW THEREFORE, for good and valuable consideration, the parties agree
as follows:
1. Assignor assigns, transfers, and sets over to Assignee all of its right,
title, and interest in that Lease between Lessor and Assignor dated November 26,
1997.
2. Assignor represents and warrants that attached hereto' as Exhibit "A"
is a true, correct and complete copy of the Lease.
3. Assignor represents and warrants that Assignor has completely
observed and performed all covenants, duties and obligations required to be
performed under the lease.
4. Assignee hereby assumes and shall at all times be liable to observe
and perform all of the covenants, duties and obligations under the Lease and as
further described herein.
5. This Assignment shall be binding upon and inure to the benefit of all
parties hereto and their successors and assigns.
~~
"1;-
.. , , ..' -' . ,'.,. .~~'- ;." "
,.
~s
i.
IN WITNESS WHEREOF, Lessor, Assignor, and Assignee have caused
this Assignment of Lease to be executed and delivered as of the day and year first
above written.
LESSOR:
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
ASSIGNOR:
CLEARWATER AIRCRAFT, INC.
By:
Clarence Emshoff, President
ASSIGNEE:
DAYTRIPPER AVIATION, INC.
By:
David W. King, Sr., President
2
~ I \' I. '
, . '~I
'",:'.' '..' "., :-
;''''
,.
, .
Item #26
/?J /0'
y:.; .
"''''Ii' I,>,} 'J:'" " ."',J' '"ir,' f /, ~ 1, ,. :.J f. .':>", ~~' /itl"'t".'~l~"~:, 411;"'~'''' j" 4;.,:", 1:\1):. " " , .;",1' '*:
~1-1-
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
~c;,
,. J.. 0 . (::()
Final Agenda Item #
SUBJECT/RECOMMENDATION:
Approve a contract with Public Safety Management for Police Field Reporting Software (FRS) at $392,750 and
Records Management System (RMS) at $124,625 for a total cost not to exceed $517,375.00, in accordance with Code
sedion 2.564 (1) (d), other governmental bid and authorize a $124,625 loan from the Central Insurance Fund, to be paid back
over 5 years with interest at the cash pool rate,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Police Department is using programs for both Field Reporting and Records Management that were developed in-
house in 1989/1990. These programs are very slow and do not interface efficiently with today's technology.
o The Field Reporting Software will be installed on the Dell laptops and will interface with the Department's Computer
Aided Dispatch system (CAD). The subsequent reports taken with the Field Reporting Software will populate the
Records Management System. This combined system will give immediate access to detectives, supervisors and staff.
. The speed of the FRS and its ability to interface with CAD will reduce the time an officer spends on writing reports
and allow deployment in the community to be increased which is the key objective of the COPS More Grant.
. The RMS will allow detectives to access reports upon the report's arrival within the RMS system, which will be
delivered via the Cellular Digital Packet Data (COPD) system. This will dramatically reduce any delay between the
initial investigation and review by the Criminal Investigations Division.
. The Field Reporting Software and Records Management System are part of the overall strategic plan for the Police
Department's computer network capital project, originally established and approved in FY 93/94.
. Funding for the Police Field Report Software is provided by the COPS More Grant special project code 181-99393 at
$392,750.
. Funding for the Records Management System will be by a loan from the Central Insurance fund in the amount of
$124,625, to be paid back over 5 years, with interest at the cash pool rate, on 9/30 of each year. This will have no
negative impact on the Police Department's budget as these payments were anticipated to be made through the
City"s Lease Purchase Agreement. However, the lease purchase provider no longer allows lease purchase of
software, therefore the loan from the Insurance Fund is recommended.
. The above prices are based on Florida International University's bid #E98-67 and the subsequent contract awarded to
Public Safety Management.
Submitted by:
City Manager
Info Srvc
Public Works
DCtvVACM
Other
NA
NA
Costs
Total 517,375
Reviewed by:
legal !
Budget
Purchasing
Risk Mgmt NA
o None
Funding Source:
Current FY 517,375 CI X
OP
Other X
Appropriation Code: FRS 181-99393 $392,750
Central Insurance Fund $124,625
Attachments
.' .
'\. f . '.. '." I . t
-
...
c:
~
(!) -
~ 0
o 8
o 0
m en
..
...: >-
.n~
~ g
t1! '5
... oS
~ .e
o 8
-J c
-cu
iii
.0
CD
(!) :0
OJ .!!!
W 'm
-J ~
-J_
~
....
(1)
CD
.r;
en
.....
o
Q)
'[
Q..
m
:0::;
0.6
co 0
00
~~
o C")
.!6ft
Q) B
z ~
'- 'iij
Q) &J
'5~
a.~
g '~
o~
-
C")
c:o
C"l
.... oi
C ('t)
~ ~.
(!)....
~ ~
o ~
;:E'iQ
.c
en Ql
o..:ii
o-c:!!
(,) .~
~
o/C
..-
(7)
(7)
-
00
~
-
~
~
"'0
CD
>
o
....
a.
a.
~
---
"'l:t
o
o
r-:-
co
LO
ffi
..-
CJ)
c.
.s
c.
ro
::::=.
Ci)
o
-
9
~
E
E
o
o
o
o
-
o
N
-
....
-
o
I.()
"-
N
C>>
('t)
f:It
E
S
I/)
~
...;
a.
0:::
"0
Q)
u:
..-
S
:Ii:
E
E
o
(J
o
~
N
co
~
N
or-
fA
E
Q)
....
Ul
:>.
(/)
...J
0')
~
Ul
"E
8
~
-
g
:IE
E
E
o
o
o
S!
o
N
-
....
-
o
o
o
ci
0>
f:It
(0'
It)
(7)
C")
N
d
a.:
-
o
o
I'-
a;j
~
fA
c
o
:o:::l
co
(,)
l6:
:0
o
:E
"0
C
!!l
en
....
CD
~
!II
Q.
iii
:s,ff
is '~
o ~ ~
Q.. :2 !II
o Q) (;j
u ~ 0
..-
c::>>
...
~
E
E
o
o
o
o
-
o
N
-
.....
-
o
o
o
c:i
co
~
ffi
E
a>
"0
o
:E
o
a.
o
U
..-
ClO
Ol
o
~
.....
"t:l
!l!
o
...
a.
a.
~
o
o
o
ci
"-
~
"'0
Q)
>
E
a.
a.
<(
.......
o
o
.0
C")
C")
~
~
.s=
o
.....
~
Q)
m
co
fJ)
fJ)
Q)
:E
I-
00
a.
;
-en
(7)
-
.....
~
.....
~~
!;
a~
E
.s
t/)
>-
en
0) (f) Q)
.!: -I 0
0) ~ ~
co 0-
E r-~
.;
&I)
N
~
CD
&I)
..
or-
.,.
II)
E
CD
-
II)
~
U)
...J(ij
Q) C
0>0
"0 ,-
:::J:t=
.0"0
_"0
(tJ m
~ Q)
a.(/)
~~
o e
e ::J
Ul C>> a.
"EC>>o
o Q) -
o.c:"O
Q)....a>
cr: C I/)
.- ::J
-;,~O)
c:co..c
.- Q) -
1: a.=
o a. ~
a.rol/)
2....."0
u.. ro c
32~.2
.9! Q.. Q)
LL-.c:
u....
Q)
.s::OU
.....00)
.s=..... 0 ,~
- 0)
.~ 0 (,)
"Og~
2f:1t(l)
(tJ Q) ~
'0 .r; ro
0.....1/)
fJ).9:s;!
~"O.c
j1S'E
f/)~ro
oQ).r;
o .... a>
"O~=
2COL..Q;
(tJ (/) a> c:
a. (1) It: c:
'0 'c eo 0
:o::;o-~
C E C Q)
co ~ 0.
"O(1)(!)e:
e: ~ ....
(tJ.c~0
fJ) co 0 ~
~(1)~~
....c:en.s=
:::J-a......
gooo
0)(1)(,) ....
e: C ClJ
.- 0 a> "0
-g z :5 ,!:
~ C (tJ
~ ...; .- E
(\) (,) Q) ClJ
.c: ,9:!, (,) ....
.... 0 c:
fJ) .... eo Q)
....a.-.s=
o co.....
(1) E-C....
li=Q)Q).E
~->fJ)
I/):;l ...
~ ~ 'Vi .2!
0_0 :::J
"Occ.a.
~Q)coE
co E(/)O
(1) Q)'- 0
.0 c> Q) a.
eo .... 0
,~ c Q) .....
.r; eo:5 a.
t-oo:::_(tJ
..::: _ -J
-
c
CD
E
CD
C)
m
c
m
:5
II)
'C
...
o
CJ
CD
0:::
'C
C
m
C)
c
:e
o
c.
Q)
0:::
'C
a;
u:
...
.E
en
CD
...
::s
:=
'C
c
Go)
Co
><
Q)
'C
Q)
C
:s
E
o
CJ
....
o
m
-
o
-
'C
Q)
-
m
Co
.-
U
;;
C
<
ai
-
o
Z
~
'0
Q)
.r;
.....
-
o
c
o
;
co
.g>
:c
o
Q)
(/)
co
.r;
e
::s
c.
Q)
(/)
f1 m
20;
5.~
E-
o 0
oc
a.:::I
o 0
..... E
g.co
=ro
co.....
e: 0
0.....
;Q)
:0:5
"0 e:
co ClJ
(]) t/)
(/) (/)
co (])
.s=-
~=
:::I ;:
0. .....
o ~
- ,~
"0 e
~a.
:::1m
Q):t:::
..co.
_ co
=u
~~
c:: 0
g~
Q)z
.... ....
o Q)
:E"S
~~
gu
Q) Q)
.r;:5
....
c:: .!:
'0) Q)
(,) 0
c:: c:
co~
roil
.c
O)g>
c: .-
'c .!:
,- (tJ
~ E
(]) ~
....
:>.>-
c:: c:
c:(~
.. ...
~
Q)
0)
co
a..
.
Pb~
Cleaf\vater City COlnlnission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item #
Meeting Date:
SUBJECT/RECOMMENDA TION:
Approve acceptance of Local Law Enforcement Block Grant (LLEBG) funding for 2 years in the
amount of $308,250 from the U.S. Department of Justice/Bureau of Justice Assistance
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Clearwater Police Department will use this grant to continue funding 2 positions that are currently
funded through June 30, 2000 under the Florida Department of Community Affairs/Drug Control and
System Improvement Formula Grant Program. From July 1,2000 through September 30,2001,
salaries and benefits for the department's 2 full-time GIS staff positions will be paid from LLEBG grant
funds. Total funding for the GIS staff positions for the 15-month period will be $142,500.
o Under the LLEBG Program, none of the above-referenced positions are required to be retained at the
conclusion of the grant period.
. The department will also utilize LLEBG funds to purchase necessary equipment for 5 new police
officers recently hired under the Office of Community Policing Services (COPS) Universal Hiring
Program (UHP) grant. A total of $50,000 has been budgeted for the purchase of computers, guns,
uniforms and radios for the 5 officers.
e LLEBG funds will also be used to purchase 2 gas-fueled umules" (all-terrain vehicles) which will be used
on the beach by the new COPS UHP officers. Total cost for the "mules" will be $18,000.
DrinO..rl nn r.."""I....t n:on..r
1:1.." ?IQQ
. Funding in the amount of $120,000 for a Cellular Digital Packet Data (CDPD) for one year will also be
charged to the LLEBG grant. The CDPD will provide mobile cellular communications in the patrol cars
and will be done in conjunction with the department's COPS MORE '98 grant awarded earlier this year.
G Lastly, a total of $12,000 has been budgeted in the grant for the purchase of a lap top computer,
computer projector, and pOtiable color printer for the department's Crime Prevention Unit. This
equipment will be utilized primarily for presentations made to Crime Watch groups throughout the City.
. Clearwater's award allocation from the U.S. Department of Justice/Bureau of Justice Assistance is for
$308,250. The City's required match is $34,250, bringing the total grant budget to $342,500. A first
quarter budget amendment will transfer $34,250 for match from Special Project # 181-99347 to Special
Project # 181-99307.
nfa
Originating ept:
Poli I~
User Dept.
Potic ~ /~
Attachments
Costs
Total 34,250
Reviewed by:
Legal In
Budget ...,7...--
Purchasing
Risk Mgmt nl
Info Srvc
Public Works
OCM/ACM
Other
n/a
n/a
Funding Source:
Current FY 34,250 CI nfa
OP nfa
Other Grant
Submitted by:
City Manager
ItJ None
A ro riation Code: 181-99307
. .' /, . . I I, # ( . . ~ ~ , . '\ I..' . .
~ '. +.'.../t:r" ~.
:;)7
LOCAL LAW ENFORCEMENT BLOCK GRANT
(LLEBG)
Grant Award: 308,250
Police Department Match: 34,250
Funds to be used as follows:
GIS Staff Positions: 142,500
Equipment for 5 Police Officers 50,000
hired under the COPS Universal
hiring program.
Two gas-fuled all terrain vehicles 18,000
"Mules"
Cellular Digital Packet Data 120,000
(CDPD)
Computer & Projector for the
Crime Prevention Unit j2,00Q
342,500 342,500
-e
~b)
Cleanvater City Commission
Agenda Cover Memorandum
Worksession Item It:
Meeting Date:
~2(
J .20. DO
Final Agenda Item #
SU B JECT IRECOMMEN DA liON:
Approve contracts between the City of Clearwater and Sierra Wireless for modems at a cost not to
exceed $180,000; and GTE for Cellular Digital Packet Data (CDPD) at a cost not to exceed 90,000.00,
both of these prices are based on State of Florida Purchasing Contracts.
r
1&1 and that the appropriate officials be authorized to execute same.
SUMMARY:
· The Cellular Digital Packet Data (CDPD) wireless communications hardware and service will provide real
time in car reporting, GIS, car-to-car messaging and access to State, Federal and local crime information
databases. All of these features are necessary to fulfill the technology enhancement requirements of the
COPS More grant.
. The Sierra Wireless modems are the defacto standard in this type of hardware and are available for
purchase under Florida State Contract. The Police Department will be deploying 135 of these modems in
patrol vehicles to work in conjunction with the Cellular Digital Packet Data wireless service. The pricing
for these modems is based on Florida State contract 250-40-99-1.
. The local providers of CDPD made presentations to the Field Reporting System Committee and the service
was evaluated by testing cell site reception and transmissions. GTE Wireless was selected by the
committee to provide the Police Department's CDPD service. The annual purchase of this service is
available under Florida State contract 725-330-98-1.
. The Sierra Wireless Moderns will be funded through the COPS More grant expense code 181-99393. The
GTE CDPD Service will be by the LLEBG (local law Enforcement Block Grant) 2000, special project code
181-99307.
Reviewed by:
legal IJ
Budget
Purchasing
Risk Mgmt NA
Info Srvc
Public Works
DCMlACM
Other
NA
NA
Originating Dept:
POLICE
User Dept.
POLICE
Costs
Total 27??oo
'j~
Fundin3 Source:
Current FY 27??oo CI
OP
Other X
ApproprQtion Code: 181-99393 - $180,000
181-99307 $ 90 000
Attachments
Submitted by:
City Manager
o None
'. .
',""' ......"..,...;
..
d-?
Sierra Wireless Modems
and GTE - Cellular Digital Packet Data (CDPD)
. Cellular Digital Packet Data (CDPD) will provide:
-Real time reporting
-In car messaging
-Access to Federal, State and Local crime information
databases
. We will be deploying 135 modems in the Patrol fleet
. GTE Wireless service was selected based upon performance,
references and competitive pricing
. Funding:
-Modems - COPS More Grant
-Wireless Service - LLEBG 2000 Grant
. . ! I;'" :>' ,.:.' I' .'1 " ~' ", ' \ ~,' , ~ I f" . t,'. ,
8)
~\))
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
~9----:c
/, aOIDO
Final Agenda Item #
SU 8 JECT IRECOMMEN DA liON:
Authorize the disbursement of $100,000 to Clearwater Homeless Intervention Project,
IE and that the approvriate officials be authorized to execute same.
SUMMARY:
· In fiscal year 97/98 an agenda item for the first of three annual donations of $100,000 to the Clearwater
Homeless Intervention Project was approved.
· As part of the FY 98/99 3rd quarter budget review process the Commission approved the transfer of
$100,000 from the Police operating budget to the Clearwater Homeless special project code 181-99938 for
the purpose of making the 3rd annual donation.
· At this time we are requesting permission to disburse the funds to the Clearwater Homeless Intervention
Project.
Reviewed by:
legal '~
Budget A--
Purchasing - NA
Risk Mgmt NA
Info Srvc
Public Works
DCMlACM
Other
Costs
Total 100,000
NA
NA
User Dept.
POLICE
Current FY 100,000
Funding Source:
CI
OP
Other X
Attachments
Submitted by:
City Manager
Printed on recycled paper
o None
A ro riation Code: 181-99938
Rev. 2/98
I\.',~ 1-'':'" ~ "'t'''''.~' . . - ",":"', .....:f',:'.~ "fl>. I...~:~ "':~t"" . ' ~ "', ',",'~,.tf,..:,:t' .....~':':..
(I)
pR5
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item It:
Meeting Date:
rOO
1. J.O. 00
Final Agenda Item #
SUBJECT/RECOMMENDATION: : Award a contract to construct an activity pool and install water
playground amenities for Morningside Pool (bid # 14-00) to Aquamarine Swimming Pool Co. of
Clearwater Florida for $58,416,
IE and that the appropriate officials be authorized to execute same.
SUMMARY:
· The City received a matching Florida Recreation Development Assistance Program (FRDAP) grant in
the amount of $100,000 for Morningside Pool. The grant was matched by City funds of $100,000
resulting in a $200,000 project. The scope of this project included marciting the main pool,
installation of two pool slides, removal of one of the existing tot pools and installation of a new
activity pool with water playground amenities.
. In 1999, the main pool was marcited, a new attractive stationary drop slide was installed, and a
portable slide was purchased. The total cost of phase I was $106,134.
. This contract will consist of the installation of a new activity pool (10 inches deep by 35 feet in
diameter), new decking, and water playground amenities including a frog slide, raindrop, whale
spray, turtle spray, baby dino slide, 3 palm tree sprays, and 4 lemon drop sprays. The city will
purchase the water playground amenities separate from this contract.
. Construction scheduled to be completed prior to the Spring/Summer swim season, May 1, 2000.
. Budget summary of the project is as follows:
Phase I Construction
Aquamarine Contract
Water Playground Amen ities
Total
$106,134
$ 58,416
" 35,450
$200,000
Info Srvc
Public Works
DCM/ACM
Other
Arlita Hallam
N/A
N/A
Originating Dept:
Parks and Recreation
User Dept.
Parks and Recreation
Attachments
Costs
Total $58,416
Reviewed boy:
legal Nt A
Budget ~
purchaSing~
Risk Mgmt N/A
Submitted by:
City Manager
Printed on recycled paper
CH< (,1 Ll~
{::;n,
Funding Source:
Current FY $58,416 CIP X
OP
Other
o None
A ro riation Code:315-93225
Rev. 2/98
."
----
.~ ~ _4
{a. !
8 ~~ 1 \.
~
\ ~ -
~~ > ,
::>>
.
~~ ..
ill !
..
.
I
.a ~
~ ~ . -' -' -'
.
> , w w w
:= Q Q Q
- :a
-. .
~ .. !
~
. ~
,.:::; ( I
. .
> I
:E . .. 1~ ~ e ~
a: ~ I ~ ~ 1~ ~ ,
. '" ;~ ~
0 I &. ~ ~
u.. ~ _I
Z ~ ~ Q ~ ~ ~' " > > >-
I ~ ~ ~ m CD ~
om. -n; ! ! !
- ...
....~BJ . fi ~ ~ J
~.Q .. t2
iD I .::3 ~ ~ ~
~~I -
. i~
I ~ ~
- I ~ ~ ~ ~.. ~ .
~ I . ~
zOc :J
o~=
_()a. .. rcr a S1 ~~ ~ ~ , ~
!c . ~ ~
c I ~, ~ .~ J ... y
: 8 ~
l- I .: rr) (j
0 '. ,~ ~
== . . E ~ ~ ~~~ ~ ,
0 > i ... t't ~~~~ ~ ~\
= ~ .~ I ,
~ "l c~
~ ~
'1 , J J ~~ ~,,~
~ ~ ~ .~
~
f ~~ ~ c C1 ~ ~
'~ ~ "- J
'~ C'{ ~
\J ~ "b ~ ~\ ~
,~ ~
~~ ~ ~ .~
~ ~ !~
~ ~
,~ '~~ ~
\~~ \[\ ~ ~ 1
~
en \~ \~~ ..;
..... A ~ ...... ('D. ~l'\ ~ to.......:
R- 11 5~'VJ ~ It .. '< --~ ".i .3
. C. t - i! " " , '\. : ~~ ~
::>> 11 >(J' 0}11- ':
C ; ~! ...~ "
d'~ . ::
J . .. .. ..
4( iD b
~ : : :
a: a: a:
. . 888
CD I
- .. - ft .. .. ID . -- - .. CI % Z Z
as - w w w
C - > > >
"\
..
',.
-' -' -'
w w w
Q Q Q
~ >- >-
_ 'JI m
I! !
Q iu i&.
~~
888
z z z
w w w
> > >
. ~.~-.. -'~,:,.~'~.,'.\ .:.1~' .....~-:J..t.',#..~~,..l t' '"r,.~ ":/~f.~,.~,...:..t-~...~"..-;.',,:,.,,.~.,, \1:' "',r.' :". '. l.~1'!,..::;::~'~;"l'~~''f:;-:'li":~"/,,,'_,,~.,,'\,f:~\,,.~~ l,.f f'~':~""',.":O;1..','....
~~'\
Clearwater City Commission
Agenda Cover Memorandum
Item #:
3)
I. 'JlJ.ob
Meeting Date:
SUBJECT:
Interlocal Reclaimed Water Supply Agreement
RECOMM ENDA liON/MOTION:
Approve interlocal reclaimed water supply agreement between the City of Clearwater and Pinellas
County,
[gJ and that the appropriate officials be authorized to execute same.
SU,\-tMARY:
· Pinel/as County has requested the City provide a minimum of 3.0 million gallons per day of reclaimed
water to the County for the 12-year term of the Agreement. This delivery shall be made at the Northeast
Advanced Pollution Control Facility (NEAPCF).
· The reclaimed \vater is projected to be available over the term of the Agreement and is consistent with the
Commission approved (October 1998) 20-year Reclaimed Water Master Plan.
· The County will construct, operate and maintain the reclaimed water pumping facility co-located with City
facilities at the Northeast Advanced Pollution Control Facility (NEAPCF) where the reclaimed water will be
provided. The County has agreed to purchase the reclaimed water at the rate of $0.10/1000 gallons for up
to the 3.0 million gallons per day in the Agreement. The reclaimed water will be metered by the City with
monthly invoices submitted to the County.
· The delivery of the reclaimed water to the County will begin upon completion of the pumping facilities,
pipelines and other structures to be built by the County (at no cost to the City) on or before July 1, 2001.
t) At the conclusion of the Agreement, the County will convey to the City at no cost those portions of the
pipelines and other structures which will benefit the City in the future for expansion of the reclaimed
system.
Reviewed by:
Legal
Budget
Purchasing
Risk Mgmt.
IS
ACM
Originating Department:
Public Works Adminifi'b
User Department:
Public Utilities /<)2
Costs:
-0-
Total
Commission Action:
o Approved
o Approved w/Conditions
o Denied
o Continued to:
Current Fiscal Year
Other
N/A
Advertised:
Date:
Paper:
o Not Required
Affected Parties:
o Notified
o Not Required
Funding Source:
o Capital
Improvement:
o Operating:
o Other: N/A
Attachments:
Interlocal Agreement
Submitted y:
Appropriation Code
City Manage
o Printed on recycled paper
o None
'e.
.
... .
~
,
~wy
3)
RECLAIMED WATER SUPPLY AGREEMENT
WITH THE CITY OF CLEARWATER
THIS AGREEMENT, made and entered into this
day of
, 2000,
by and between PINELLAS COUNTY, a political subdivision of the State of Florida, acting by and
through its Board of County Commissioners, hereinafter referred to as "COUNTY," and the CITY
OF CLEARWATER, FLORIDA, a municipal corporation within said Pinellas County, acting by and
through its City Commission, hereinafter referred to as "CITY."
WITNESSETH
WHEREAS, the CITY currently operates the Northeast Advanced Pollution Control Facility
. (NEAPCF) which produces reclaimed water suitable for reuse; and
WHEREAS, the CITY's reclaimed water system does not use the entire volume of reclaimed
water it produces; and
WHEREAS, the CITY currently discharges reclaimed water to Tampa Bay in excess of the
amount required for service in its distribution system; and
WHEREAS, the COUNTY is unable to fully meet its commitments for delivery of reclaimed
water in its North Pinellas County Reclaimed Water Service Area distribution system during
seasonal peak demand periods; and
WHEREAS, the COUNTY desires an additional source of reclaimed water to augment its
North Pinellas County Reclaimed Water System to meet its commitments for delivery during
seasonal peak demand periods and to expand its distribution system; and
Page I of7
I '.~ . ., . r. , ~ <" '. ~ ' , '~, 't .. "',...('" J: . ... r'" ' - !,
WHEREAS, the CITY and the COUNTY recognize the mutual benefits of a cooperative
effort to beneficially reuse excess reclaimed water produced by the CITY at its NEAPCF through
the COUNTY'S North Pinellas County Reclaimed Water System and desire to enter into this
Agreement to accomplish that objective.
NOW, THEREFORE, in consideration of the monies hereinafter agreed to be paid and the
mutual covenants contained herein, the parties hereby mutually agree as follows:
Duties and Responsibilities of the COUNTY:
1. The COUNTY agrees to be responsible for all costs associated with designing, constructing,
operating and maintaining pipelines and appurtenances for the interconnection of the CITY and
COUNTY reclaimed water systems.
2. COUNTY will construct, operate and maintain a reclaimed water pumping facility at a mutually
agreed upon location adjacent to or on the NEAPCF site, within an easement granted to
COUNTY by the CITY.
3. COUNTY will construct operate and maintain a reclaimed water transmission main from the
pumping facility described in paragraph 2 above to the COUNTY's North Pinellas County
Reclaimed Water System. CITY will grant an easement to COUNTY for any portion of the
transmission main which by mutual agreement is constructed on CITY owned property.
4. The COUNTY will purchase reclaimed water from the CITY at a rate of $0.1 0 per thousand
gallons delivered to the COUNTY or as amended by mutual consent. In the event the
COUNTY purchases reclaimed water on a wholesale basis from another seller of reclaimed
water at a rate greater than $0.10 per thousand gallons and the rate paid to the seller does not
include funds to recover development of infrastructure for conveying the reclaimed water to the
Page 20f7
,~
'" ',1 .~ '.' 'I I 4:' '. ~ - 'I '.. 1\'" ..,~' ,... \ ,...., ~ . \. :: \~ " ~., -' '''':. - ' " " ", ..',~"" .
COUNTY or costs for any goods and services not provided by the CITY, the COUNTY agrees
to increase the rate at which it purchases reclaimed water from the CITY up to the rate paid to
other seller.
5. The COUNTY will remit payment to the CITY within 30 days after receipt of invoice.
Duties and Responsibilities of the CITY:
1. The CITY agrees to deliver to the COUNTY reclaimed water which has received advanced
wastewater treatment (A WT) at the CITY's NEAPCF and meets the requirements of the
Florida Department of Environmental Protection for reuse on public access areas. In the event
that the CITY's reclaimed water does not meet the requirements of the Florida Department of
Environmental Protection for reuse on public access areas, the COUNTY may provide the
additional treatment necessary to bring the reclaimed water up to the state standard for such
reuse and assume all costs for such additional treatment.
2. The CITY shall offer for sale a minimum of 3.0 million gallons per day of reclaimed water to
the COUNTY for the term of this Agreement. However, nothing contained herein shall
constitute a requirement on the part of the COUNTY to purchase or receive any amount of
reclaimed water. When the COUNTY does not require delivery of reclaimed water, 72 hours
notice shall be provided to the CITY to make the necessary operational changes, except in cases
of emergencies when notice shall be provided as soon as possible. In the event the CITY cannot
supply all or part of the 3.0 million gallons per day to the COUNTY, the CITY shall notify the
COUNTY a minimum of 48 hours in advance, except in cases of emergency when notice shall
be provided as soon as possible.
3. In the event the CITY experiences operational problems which reduce the volume of reclaimed
Page 30f7
, _ I. .. '. \ '"_, J .' ~ .... .' \4". ,.,' , '." :," . '. :. ~ . '&,J : (
.' " ':/ '\ . .... -.. . . .'1 ; ", ,:,/"..., .~. w', ~:., t r" r' '~'.':11~:"," " ',' ",' ,#'. ,f ,_.. .< ,.... J. ',' ;. t, ~...: "
water available to meet the CITY's reclaimed water commitments, including delivery of
reclaimed water to the COUNTY in the amount provided for in this agreement, the volume of
reclaimed water delivered to the COUNTY will be reduced in an equal proportion to the
reduction in volume of reclaimed water delivered to the CITY's retail and other wholesale
reclaimed water customers.
4. CITY will deliver reclaimed water to COUNTY at times of the day mutually agreed upon.
5. The CITY agrees to deliver reclaimed water to the COUNTY at the point of connection at
atmospheric pressure or such other pressure as is defined during the engineering design phase
of the interconnection project and mutually agreed upon by the parties.
6. CITY will install a flow meter at its NEAPCF for the purpose of determining the volume of
flow delivered to the COUNTY.
7. The CITY agrees to submit invoices for reclaimed water delivery to the COUNTY onamonthly
basis. The monthly charge shall be based on the amount measured by the meter, throughout the
term of the Agreement.
8. CITY agrees to maintain its meter in proper operating condition and calibrate it annually.
Should any question arise as to the accuracy of the meter, the COUNTY may require the meter
to be tested. Should the meter prove to be registering accurately within A WWS Standards, the
COUNTY shall pay all costs of testing. Should the meter not be registering within A WW A
Standards of accuracy, the CITY shall pay for all costs of testing and repairing the meter.
9. In the event that the meter becomes inoperative or inaccurate, the invoice for that period shall
be calculated on the basis of the monthly flows for the preceding 12 month period unless the
parties mutually agree on an estimate of flow that more accurately reflects usage during the
Page 4 of7
. ,~, 'I~'" t"'..~J""."_~ '. ,.,(,'.:'_,.'. '. .,.ri,',.". ", ','t .'"..'....., "~ .,~
: ".
period the meter was inoperative.
General:
1. The parties mutually agree that each may use the other's easements and rights-of-way for the
construction of reclaimed water facilities at mutually acceptable locations and each shall assist
the other to insure the efficient and economical operation of the system.
2. CITY and COUNTY will each acquire easement(s) necessary for their respective needs unless
joint easement(s) are required, in which case, the CITY and COUNTY will cooperate to jointly
acquire the necessary easement(s).
3. The delivery of reclaimed water from the CITY's NEAPCF to the COUNTY will begin upon
completion of construction of the CITY's NEAPCF improvements and completion of the
pumping facility, pipelines and other structures to be constructed by the COUNTY for delivery
of reclaimed water to the COUNTY's North Pinellas County Reclaimed Water System.
Construction for both CITY and COUNTY facilities to enable delivery of reclaimed water to
COUNTY is expected to be completed on or before July 1, 2001.
4. At such time as the teml of the Agreement expires, unless extended by the parties, the
COUNTY will convey to the CITY at no cost those portions of the pipelines and appurtenances
constructed by the COUNTY which will be of benefit to the CITY in developing its reclaimed
water system.
5. If, during design of the facilities to convey reclaimed water from the CITY's NEAPCF to the
COUNTY's North Pinellas County Reclaimed Water System, it is found that facilities and
appurtenances are required which were not initially anticipated by this Agreement, the
Page 5 of?
,. -.'
. .
. '.
" . .' , I . t . .. '. . '."" _' ': I . , ,.'
'. .; , ~ .. '~ ;. .~. \ ,',' ~.
COUNTY will pay its proportionate share of costs for all such facilities the CITY is required
to build or install.
6. The term of this Agreement shall be twelve (12) years and may, by mutual consent, be extended.
7. This Agreement shall be binding on all successors in interest of each of the parties hereto and
it is agreed that this Agreement contains the full understanding of the parties and no
modifications may be made hereto except in writing and signed by all parties.
8. The parties represent that the execution of this Agreement has been approved by the governing
bodies of the respective party in accordance with law and that the parties have the legal
authority to execute the Agreement.
Page 6 of7
" .' ~! .,. .. I ' , "', J ' . , j , i' . " ' ,
"
lI' ..' to "
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
day and year first above written.
ATTEST:
CLERK. OF CIRCUIT COURT
KARLEENF.DeBLAKER
PINELLAS COUNTY, FLORIDA
Acting by and through its Board
of County Commissioners
By:
By:
Chainnan
Deputy Clerk
Approved as to Form
Office of the County Attorney
By:
A TIEST:
CITY OF CLEARWATER
PlNELLAS COUNTY, FLORIDA
By:
By:
Mayor
City Clerk
By:
City Manager
Approved as to Form
City Attorney
By:
H:\USERS\ WPDOCS\A WS\ADMIN\RECLAIME\AGRCL W. WPD
Page 7 of7
.. ~"1'
'.. l' '.' \ j " \ ,. . . I,. 4 . ,
. " - , ',..~ .'." '~"~~ ...~, ,,', ,....';. ,.',",";.i"";-", ':/",'; ,.
Item #32
/~9j
fvJG
Worksession Item #:
Clearwater City Commission
Agenda Cover Melll0randuI11
'3d-
J -1-.6 . ()6
Final Aqenda Item #
Meetinq Date:
SUBJEC1'/RECOM M EN DATION:
Award contract to Dames & Moore in the amount of $65.310.00 for continuation of
Contamination Assessment activities at the Former Annex site. as directed bv the Florida
Department of Environmental Protection,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· Following source removal in 1998, the City entered into an agreement with the Florida Department of
Environmental Protection (FDEP) to monitor the extent of groundwater contamination at the Former
Annex site. Quarterly Monitoring Only Reports were submitted to the FDEP, and included groundwater
analytical results to accurately measure and track the extent of groundwater contamination at the site.
· Subsequent to their review of recent monitoring results, FDEP has requested that the City conduct
additional subsurface testing to evaluate the potential for off-site contaminant migration to the west.
· Staff recommends hiring Dames & Moore for the additional assessment activities, as they are familiar with
current & past site conditions, have previously conducted assessments on this property, and have
reviewed past reports f~r IMR updates. In addition, the FDEP regulator overseeing this project has an
excellent working relations~lip with Dames & Moore.
· The following tasks will be completed by Dames and Moore, to satisfy FDEP's request for further
assessment:
1) Response to FDEP comments;
2) Revisions to all existing maps, tables, surveys and drawings to correct deficiencies per FDEP request;
3) Conduct complete new site survey per FDEP request;
4) Sampling of existing monitoring wells per FDEP request and installation and sampling of up to five (5)
additional grollndwater monitoring wells;
5) Quarterly monitoring & reporting to FDEP for up to one additional year;
6) Abandonment of monitoring wells upon receipt of No Further Action (NFA) from FDEP.
. Funding will be provided from the IMR Development CIP Project code 315-94765
Reviewed by:
Legal <;e-:
Budget ~
Purchasing
Risk Mgmt. N/A
Originating Department: /~1
Public Works Administ(c;tion
User Department:
Public Works Administration
Current FY
Funding Source:
CI
OP
Other
Info. SeNices:
N/A
Costs
Total $65,310
.'f/' /)/+
./
411
Public Works
DCM/ACM
GSS
Attachments:
Copy of Proposed Work Order
Submitted by:
City Manager
o None
Appropriation Code:
315-94765-561000-552-000
Rev. 2/98
Printed on recycled paper
.~. '..~\~,'~'. :,..."...~.':,..: ,,\~,.I~~"':'..,;'~...:I?:~I.:.' J. :"""1.r' ,"\~r-:.~-;~~';~'::' t".~..-.,...""""";~ "~ ':.."~':' ,:.::.:,....~,...,...:\......::_
~ 1" , ~ .l '. " '. ' ,'. . 41 . .\ t ,:'..j
fwT]
Clearwater City Commlsslon
Agenda Gover Memorandum
Worksession Item #:
Meeti ng Date:
'?J3
J,~O.o6
Final Agenda Item #
SUB J ECT/RECOMMEN OA liON:
Award a construction contract to Kamminga and Roodvoets, Inc. pursuant to Section 2.564(1)(d), other
governmental bids, for an amount of $163,744.35 for sanitary sewer replacement on Glenwood Avenue
in the vicinity of Palmetto Street,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. This contract is for replacement of an existing 15" sanitary sewer main which is located in a utility
easement between Elmwood Street and Smallwood Street, and along Glenwood Avenue south of Palmetto
Street.
. Sections of this sewer main have a reverse gradient causing sluggish flow and occasional sewage back-ups
for residents on Elmwood Street. The line needs to be replaced to provide positive flow.
. Pinellas County contracted with Kamminga and Roodvoets, Inc. for an annual sanitary sewer repair,
rehabilitation and extension contract. This contract has defined unit prices for the various construction
items.
. Kamminga and Roodvoets, Inc. will perform the work for this project based on the unit prices in the
County contract.
. Sufficient funds for this project are available in the Sanitary Collection and Transmission Renewal and
Replacement C.I.P.
Reviewed by:
Legal ~
Budget .,?f ~
Purchasing ~
Risk Mgmt N/A
Info SVC
Public Works
DCM/ACM
,
Originating Dept:
Public Works Admlnhstratlon
User 0 . Public Works
Costs
Total $163,744.35
other
Current $163,744.35
FY
Funding Source:
CI X
Att
s
OP
Other
Submitted by:
City Manager
00 None
A ro riation Code: 315-96665-563800-535-000
Rev. 2/98
.
~~ct
Clearwater City COffiInission
Agenda Cover Memorandum
Work session Item #: /"
Anal ARenda Item # --::3Lj
MeetinR Date: J. ~O .OD
SUBJECT/RECOMMENDATION: Approve the Third Amendment to the Aoreement with the
Southwest Florida Water Manaaement District for fundina for Cooper's Point Restoration to
extend the term of the Agreement to December 31, 2000,
I&J and that the appropriate officials be authorized to execute same.
SUM MARY:
· The City Commission approved the Aareement with the Southwest Florida Water
Manaoement District (SWFWMD) on December 7. 1995. for cooperative fundino for wetland
habitat restoration and enhancement at Cooper's Point. The Aoreement called for SWFWMD
to be the lead for the work and the City to reimburse SWFWMD up to $100,000. total
proiect costs not to exceed $200.000. The AQreement was amended on May 16. 1996. to
allow SWFWMD to reimburse the City for work the City performed under the Agreement.
· Construction delavs caused by reschedulinQ of SWFWMD construction staff required a
Second Amendment to extend the Agreement to December 31, 1999.
· This Third Amendment is required to extend the Aoreement to December 31. 2000 to allow
sufficient time to complete the proiect due to construction delays caused bv the rainy
season.
· This Amendment does not require additional funding.
· Work by SWFWMD is expected to be completed in the spring of 2000.
Reviewed by:
Legal ~ ~ Info Srvc
Budget N/A Public Works
Purchasing N/A DCM/ACM
Risk Mgmt N/A other
Originating De Costs N/A
b1ic Works d Total
User Dept.
Public Woiks Administration Current FY X
Attachments
Funding SouI'C8:
CI
OP
other
Submitted by:
City Manager
Printed on reey led paper
o None
Appropriation Codes:
12/29/99 Coopers Point Amendment
..'"
, , ; " J\ \. I'. , '" 'I
3f
AGREEMENT NO. 95CON000114
THIRD AMENDMENT
TO THE AGREEMENT BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER, FLORIDA
For
Cooper's Point and Del Oro Park Habitat Restoration and Enhancement Projects
(W319f\N337)
This THIRD AMENDMENT is entered into and effective as of the 31st day of December 1999 by
and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public
corporation created by Chapter 61-691, Laws of Florida, as amended, for itself and on behalf
of the Pinellas-Anclote Basin Board, hereinafter collectively referred to as the "DISTRICT," and
the CITY OF CLEARWATER, FLORIDA, a municipal corporation of the State of Florida,
hereinafter referred to a:3 the "CITY."
WITNESSETH:
WHEREAS, the DISTRICT and the CITY entered into an Agreement for habitat restoration
projects at Cooper's Point and DelOra Park dated December 22, 1995, as amended September
11, 1996, and December 18, 1998; and
V'/HEREAS, the parties hereto wish to amend the Agreement to extend the terms of this
Agreement due to delays because of the rainy season; and
NOW, THEREFORE, in consideration of the mutual terms, covenants and conditions contained.
herein, the parties hereby mutually agree to amend the original Agreement, dated December 22,
1995, as amended, as follows:
1. Paragraph 5, Contract Period, is hereby amended to extend the expiration date to
December 31, 2000.
2. The terms, covenants and conditions set forth in the original Agreement, dated December
22, 1995, as amended, that have not been specifically amended herein, shall continue
in existence, are hereby ratified, approved and confirmed, and shall remain binding upon
the parties hereto.
The remainder of this page intentionally left blank.
Page 1 of 2
3Lf
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the day
and year set forth next to their signatures below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
~frl~BY: ~/~h
I ness E. D. Vergara, Executive Director
Date
FederallD #: 59-0965067
Countersig ned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst
Mayor-Commissioner
By:
Michael J. Roberto, City Manager
Date
Approved as to form:
Attest:
Leslie K. Dougall-Sides
Assistant City Attorney
By:
Cynthia E. Goudeau, City Clerk
Date
FederaIID#: 59-6000289
THIRD AMENDMENT
TO THE AGREEMENT BElWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER, FLORIDA
For
Cooper's Point and Del Oro Park Habitat Restoration and Enhancement Projects (W319NV337)
DISTRICT APPROVAL ~ALS ., q~~E/c:.~
LEGAL ~ '
RISK MGMT
CONTRACTS . ,'211-' /'/ j;{;<jfi9
RES MAN DEPT DIR ~1Jt&...I i2--2 C(-'ff
DEPUTY EXEC DIR
GOVERNING BOARD NIIt
Page 2 of 2
. .
A, D, E
35
Preoared bv & return 10:
Ear) Barrell
Public Works Adminislr:llion
Cil)' of Clcam aler
P. O. Box 47-1R
Clearwater. FI. 33758--17-18
SIDEWALK & UTILITY EASEl\1ENT
FOR AND IN CONSIDERATION of the slim of One Dollar ($1.00) in hand paid to
him, the receipt of which is hereby acknovdedged. and the benefits to be derived
therefrom,
CLEAR\V A TER PHASE) PART!,;ERS. LTD.,
a Florida Limited P:lrtnership
1551 Sandpiper Road, 1\1aitland, FI. 32751
does hereby grant and convey to the CITY OF CLEAR\VA TER, FLORIDA, a Florida
Municipal Corporation~ an easement over, under and across the following described land
lying and being situate in the County of Pinellas, State of Florida, to wit:
The west 10 feet of the south 117049 feet of a parcel of land lying
within the Southwest 'l4 of Section 15, Township 29 South, Range 15
East, and tht: Northwest I;" of Section 22, Township 29 South, Range
15 East, Pinellas County, Florida, being more particularly described
in EXHIBIT "A" and depicted in EXHIBIT ~4B" attached hereto.
This easement is granted for sidewalk and utility purposes, and for the future maintenance
as necessary of such installed sidewalk and utility facilities.
The CITY OF CLEAR\V A TER, FLORIDA, its employees. licensees. contractors and
assigns shall have the right to enter upon the above described premises and to construct,
install and maintain sidewalk and utility facilities thereon. and to inspect and alter such
sidewalk and utility facilities as may be necessary from time to time.
Any entry by the City onto the property hereby conveyed, or by any other person or entity
on the City's behalf or otherwise pursuant to this easement, shall (i) not materially
interfere with the conduct of any business on or use of the property by Grantor, (ii) not
damage any improvements located at or on the property from time to time, and (iii) shall
be at that person or entity's sole risk as to injury or damages.
."
. t",::, ...:<,' ,..', ... ," ::;, ./,~:_:': ..'~,', ..,.' ,... ,.. ,:.' ':>'~' ,.... ., ,.' .' ~~~" : ";': "';~ / '.'., ,','.. ':: :.: u' ..,...': ;::,'n 'J:;,
~,...'.' '", ',...,,' ..if, "._'- .\1.,
. ,''l~ . ..&..._'... ,.' i':"',
Page 2 - Sidewalk & Utility Easement
Grantor: Clearwater Phase I Partners, Ltd.
Grantee: City of Clearwater, Florida
It is expressly understood and agreed that Grantor reserves unto itself all rights of
ownership of the easement premises not inconsistent with rights granted herein.
This easement is binding upon the Grantor, the Grantee, their respective heirs, successors
and assigns. The rights granted herein shall be perpetual and irrevocable except by written
mutual agreement of both parties, or by abandonment of the easement premises by the
Grantee.
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly
executed this o.'~A& day of cS~t~ . 1999.
Clean\'ater Phase I Partners, Ltd.,
a Florida Limited Partnership
By: CED Capital Holdings IX, Ltd.,
a Florida Limited Partnership
Signed, sealed and delivered
in the presence of:
By: CED Capital Holdings IX, Inc.,
a Florida corporation, general
. tner
an e "":!"t4t-'1 :p, BR-o~1L.
g.---7'
~.vo16?_ _ ~ ~ ~
WITNESS ~niJre. ~
()ea..~ 1/1 <...~
Print \Vitness Name
toos:s's~~r; :~J
~ e~,^--l e- (\ \0... t' ; ~ 'i
Print Witness Name
By:
Title V \<L ~ "'+'~ "-.S:. l:b <iJ0..,.
. ,
:< ft",^,\ : <,: ,'~,~:, ":'::'., < >'\:',', ;:; ~'::; .(; " 0:.: "~' ,V ',' I' ::,', ,,' ,{
,.i j, 'J" II, ~. ~./. _..I\~ '" _~ t.. . ,
'. ~~~" ~', ,,:'\..., '.'l:.-';~-'~'~' ..""'''..;
Page 3 - Sidewalk & Utility Easement
Grantor: Clearwater Phase 1 Partners. Ltd.
Grantee: City of Clearwater, Florida
STATE OF FLORIDA
.
.
: 55
COUNTY OF ORANGE
.
.
BEFORE ME, the undersigned, personalIyappeared 3tot;~ 7. ~R.OL~ ,
as V(~~"::PF? r--SI ~);fl).., of CEO Capital Holdings IX, Inc., a Florida corporation,
said corporation being the general partner of CED Capital Holdings IX, Ltd. and
Clearwater Phase I Partners. Ltd.. both being Florida limited partnerships. whom, being
duly authorized~ executed the foregoing instrument and acknowledged the execution
thereof to be h 1..$ free act and deed on behalf of said corporation and limited
partnerships for the use and purposes herein set forth.
I .
MY COMMISSION' co 642414
EXPIRES: April 29, 2001
Typ
I><l. Personally Known
[ ] Produced Identification
Type of Identification Produced
Clw Pha.~e I Ltd. Sid~\Val" & l.'lil F.n~ 041)1)
f"I.'
:', " ", :',. "~ii, ,:: .... ,',:' :, ,', ::', ,\,'~ ", .. .: :", ;' ',; : ',,' -':<1":,;",":
-.. ' I '.\, . '~', .' / " 'to '''1..1 _"j). '
':,.,. .'..'I-..,"..'....'~'..r:.',..'......'..:"'\:..:a.',.".'..:~. ',' ,'.",..... :
',,~ ",' ;. > I' . .' . '. ,...',..,.. ".. l,'" '1 ,.' ,~...:-,:..., , f. .~. I'';' '. .'....,
EXHIBIT "A"
LEGAL DESCRIPTION
(Lexington Club of Clearwater)
A PARCEL OF LAND LYING WITHIN THE SOUTHWEST % OF SECTION 15, TOWNSHIP 29
SOUTH, RANGE 15 EAST, AND THE NORTHWEST ~ OF SECTION 22, TOWNSHIP 29
SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST BOUNDARY CORNER OF THE SOUTHVVEST % OF
SECTION 15, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, FLORIDA,
SAME ALSO BEING THE NORTHEAST BOUNDARY CORNER OF THE NORTHWEST ~ OF
SECTION 22, TOWNSHIP 29 SOUTH, RANGE 15 EAST, PINELLAS COUNTY, fLORIDA,
SAID SOUTHEAST BOUNDARY CORNER BEING S89003'29"E, (BEING THE BASIS OF
BEARINGS FOR THIS DESCRIPTION) 2655.25 FEET FROM THE SOUTHWEST BOUNDARY
CORNER OF SAID SOUTHWEST X OF SECTION 15; THENCE NS9003'29"W, ALONG THE
SOUTH BOUNDARY LINE OF SAID SOUTHWEST X OF SECTION 15, SAME ALSO BEING
THE NORTH BOUNDARY LINE OF SAID NORTHWEST X OF SECTION 22, FOR 65.00 FEET
TO THE POINT OF INTERSECTION WIT THE WEST RIGHT-OF-WAY LINE OF MISSOURI
AVENUE SOUTH (STATE ROAD S-595-A); THENCE LEAVING SAID SOUTH BOUNDARY
LINE OF SAID SOUTHWEST ~ OF SECTION 15; ALONG SAID WEST RIGHT-OF-WAY LINE
OF MISSOURI AVENUE SOUTH, N0001S'S9"E, ALONG A LINE 65.00 FEET WEST OF AND
PARALLEL WITH THE EAST BOUNDARY LINE OF SAID SOUTHWEST X OF SECTION 15,
FOR 170.60 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NOo01S'59"E,
ALONG SAID WEST RIGHT-OF-WAY LINE OF MISSOURI AVENUE SOUTH, FOR 65.00
FEET; THENCE LEAVING SAID WEST RIGHT-Of-WAY LINE OF MISSOURI AVENUE
SOUTH; N89052'44"W, FOR 426.97 FEET; THENCE NORTH 151.34 FEET; THENCE WEST
FOR 215.76 FEET; THENCE NORTH, FOR 70.61 FEET; THENCE N3rS2'2S"W, FOR 178.48
FEET; THENCE WEST, FOR 113.07 FEET TO THE POINT OF INTERSECTION WITH THE
SOUTHERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN
OFFICIAL RECORDS BOOK 8730, PAGE 362 OR THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE
WESTERLY BOUND,A.RY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN OFFICIAL
RECORDS BOOK 3996, PAGE 1125 OF THE PUBLIC RECORDS OF PINELLAS COUNTY,
FLORIDA; THENCE ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN
PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 396, PAGE 1126, THE FOLLOWING
THREE (3) COURSES: (1) THENCE S52007'35"W, FOR 117.49 FEET; (2) THENCE
SOoo02'04 "W, FOR 178.06 FEET; (3) THENCE NS9003'S2"W, FOR 183.26 FEET TO
REFERENCE POINT -A-, SAME ALSO BEING THE POINT OF INTERSECTION WITH THE
EASTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED IN DEED
BOOK 834, PAGE 49 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA;
THENCE 521046'30"W, ALONG SAID EASTERLY BOUNDARY LINE OF THAT CERTAIN
PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 143.36 FEET; THENCE
S17048'OO"W, CONTINUING ALONG SAID EASTERLY BOUNDARY LINE OF THAT CERTAIN
(PAGE 1 OF 3)
PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 93.58 fEET TO THE
POINT OF INTERSECTION WITH THE EAST RIGHT-OF-WAY LINE OF GREENWOOD
AVENUE; THENCE SOoo09'19"W, ALONG SAID EAST RIGHT-Of-WAY LINE OF
GREENWOOD AVENUE, SAME ALSO BEING A LINE 40.00 FEET EAST OF AN PARALLEL
WITH THE WEST BOUNDARY LINE OF SAID SOUTHEAST ~ OF THE SOUTHWEST X OF
SECTION 15, FOR 109.81 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH
BOUNDARY LINE OF SAID SOUTHWEST X OF SECTION 15, SAME ALSO BEING THE
POINT OF INTERSECTION WITH THE SOUTH BOUNDARY LINE OF SAID CERTAIN
PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, SAME ALSO
BEING THE POINT OF INTERSECTION WITH THE NORTH BOUNDARY LINE OF THAT
CERTAIN PROPERTY (PARCEL 5) DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE
374, Of THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, SAME ALSO BEING
THE POINT OF INTERSECTION WITH THE AFORESAID NORTH BOUNDARY LINE OF THE
NORTHWEST X OF SECTION 22; THENCE N89003'29"W, CONTINUING ALONG SAID EAST
RIGHT-OF-WAY LINE OF GREENWOOD AVENUE, SAME ALSO BEING SAID NORTH
BOUNDARY LINE Of THE NORTHWEST X OF SECTION 22. FOR 20.00 FEET TO THE
NORTHWEST BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3747, PAGE 374; THENCE LEAVING SAID NORTH BOUNDARY
LINE OF THE NORTHWEST ~ OF SECTION 22, SOoo02'OS"E, CONTINUING ALONG SAID
EAST RIGHT-Of-WAY LINE OF GREENWOOD AVENUE, SAME ALSO BEING A LINE 20.00
fEET EAST OF AND PARALLEL WITH THE WEST BOUNDARY LINE OF THE NORTHEAST
~ OF SAID NORTHWEST ~ OF SECTION 22, FOR 117.49 FEET TO THE SOUTHWEST
BOUNDARY CORNER OF SAID CERTAIN PROPERTY DESCRIBED IN OFfiCIAL RECORDS
BOOK 3747, PAGE 374; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE OF
GREENVIJOOD AVENUE. S89003'29"E, ALONG THE SOUTH BOUNDARY LINE OF SAID
CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3747, PAGE 374, FOR
435.17 FEET TO THE SOUTHEAST BOUNDARY CORNER OF SAID CERTAIN PROPERTY
DESCRIBED IN OFFICIAL RECORDS BOOK 3747, P,A,GE 374, SAME ALSO BEING THE
POINT OF INTERSECTION WITH AFORESAID WESTERLY BOUNDARY LINE OF THAT
CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3998, PAGE 1125;
THENCE NOQo10'32"W, ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN
PROPERTY DESCRIBED IN OFFICIAL RECORDS BOOK 3996, PAGE 1125, SAME ALSO
BEING THE EAST BOUNDARY LINE OF SAID PROPERTY DESCRIBED IN OFFICIAL
RECORDS BOOK 3747, PAGE 374. FOR 57.07 FEET; THENCE LEAVING SAID WESTERLY
BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN OFFICIAL RECORDS
BOOK 3996, PAGE 1125. S89052'44"E. FOR 339.48 FEET; THENCE NOoo15'59"E FOR 55.56
FEET TO THE POINT OF INTERSECTION WITH AFORESAID NORTH BOUNDARY LINE OF
THE NORTHWEST ~ OF SECTION 22, SAME ALSO BEING THE POINT OF INTERSECTION
WITH AFORESAID SOUTH BOUNDARY LINE OF THE SOUTHWEST ~ OF SECTION 15;
THENCE LEAVING SAID SOUTH BOUNDARY LINE OF THE SOUTHWEST ~ OF SECTION
15, NOQo15'59"E. FOR 133.48 FEET; THENCE N7r40'52"E, FOR 141.17 FEET; THENCE
S89052'44"E, FOR 329.95 FEET TO THE POINT OF BEGINNING.
(PAGE 2 OF 3)
TOGETHER WITH:
COMMENCE AT AFORESAID REFERENCE POINT "A"; THENCE N89003'52"W, ALONG
AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3996. PAGE 1125 FOR 10.70 FEET TO THE POINT OF
INTERSECTION WITH THE WESTERLY BOUNDARY LINE OF AFORESAID CERTAIN
PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, SAME ALSO BEING THE POINT
OF BEGINNING; THENCE LEAVING SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN
PROPERTY AS DESCR!BED IN DEED BOOK 834. PAGE 49, CONTINUE N89003'52"VV,
ALONG SAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY DESCRIBED IN
OFFICIAL RECORDS BOOK 3996. PAGE 1125 FOR 70.50 FEET TO THE POINT OF
INTERSECTION WITH AFORESAID EAST RIGHT-OF-WAY LINE OF GREENWOOD
AVENUE; THENCE S00009'19"W, ALONG SAID EAST RIGHT-OF-WAY LINE OF
GREENWOOD AVENUE; SAME ALSO BEING A LINE 40.00 FEET EAST OF AN PARALLEL
WITH AFORESAID WEST BOUNDARY LINE OF THE SOUTHEAST X OF THE SOUTHWES1
% OF SECTION 15, FOR 190.57 FEET TO THE POINT OF INTERSECTION WITH
AFORESAID WESTERLY BOUNDARY LINE OF THAT CERTAIN PROPERTY AS DESCRIBED
IN DEED BOOK 834. PAGE 49; THENCE LEAVING SAID EAST RIGHT-OF-WAY LINE OF
GREENWOOD AVENuE, N1r48'OO. E, ALONG SAID WESTERLY BOUNDARY LINE OF
THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 62.49
FEET; THENCE N21046'30"E, CONTINUE ALONG SAID WESTERLY BOUNDARY LINE OF
THAT CERTAIN PROPERTY AS DESCRIBED IN DEED BOOK 834, PAGE 49, FOR 139.90
FEET TO THE POINT OF BEGINNING.
AND TOGETHER WITH NON-EXCLUSIVE EASEMENT RIGHTS AS GRANTED IN THAT
CERTAIN DECLARATION OF RECIPROCAL EASEMENTS AND RESTRICTIONS DATED AS
OF JANUARY 5, 1998, AND RECORDED JANUARY 8, 1998, IN OFFICIAL RECORDS BOOK
9957, PAGE 1937, OF THE PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA, AS
AMENDED BY FIRST AMENDMENT TO DECLARATION OF RECIPROCAL EASEMENTS AND
RESTRICTIONS DATED FEBRUARY 12, 1999, AND RECORDED FEBRUARY 25, 1999, IN
OFFICIAL RECORDS BOOK 10418, PAGE 340, OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA.
(PAGE 3 OF 3)
"'" ' . .' ,I ' . , r " , '. I .,'.
EXHIBIT "8"
[NOT TO SCALE]
GREENWOOD AVENUE
..~"W _ _ _
~ )
.'
.'
,.'
.... ::::: \/:i::: ~: ~'::,;'::}fAR9E~';7::\ :::>\:/
" .
.,.,. .. ...
. ..... ...
. ' ,
. , .. . . , .
,.., ..
. . . .. ..
,. .
. ... . . .
, . ,- ',.
. . . . '" .... . ...' .
, . ..... .. " .' .
..:'. ,':'
"
. ... .
'. .
. '.
. .
. ," .
'. ....
. -' ,.
. ,-'...
.. .' ..
.. ....' ..
.. '
., -... ..
. .....' . "
..., .. '. .
.. .. ....
. .. ..
I
I,
... . .
.,.,. . " .
(THIS IS NOT
A SURVEY)
.'
'.. ' . "', '.
. f '.,
"
BUILDING DEMOLlSHE
"
PARCEL 8
'.
--=
~'
c
J:S
-
-"j~
," . . '" , .'~) . ,',', , , f,.... I I
."
Prepared by and return to:
Earl Barrett
Engineering Department
City of Clearwater
P. o. Box 4748
Clearwater, Fl. 33758-4748
CONSENT TO EASEMENT AND
SUBORDINATION OF INTEREST
THE UNDERSIGNED, being the owner of a lien on or secured interest in the
following described premises:
The west 10 feet of the south 117.49 feet of a parcel of land lying wi~in the
Southwest ~ of Section 15, Township 29 South, Range 15 East, and in the Northwest
~ of Section 22, Township 29 South, Range 15 East, Pinellas County, Fl.orida,
being more particularly described in EXHIBIT "A" and depicted in EXHIBIT "B"
attached hereto,
as evidenced by the following Mortgages and other instruments of security:
1) Mortgage and Security Agreement executed by Clearwater Phase I Partners, Ltd.,
a Florida limited partnership, to and in favor of AmSouth Bank, an Alabama
banking corporation, securing the original principal sum of $9,569,588.00
dated as of April 1, 1999, and recorded in Official Records Book 10515, Page
2446, of the Public Records of Pinellas County, Florida.
2) Assignment of Leases and Rents executed by Clearwater Phase I Partners, Ltd.,
a Florida limited partnership, as Assignor, to and in favor of AmSouth Bank,
as Assignee, dated as of April 1, 1999, and recorded in Official Records Book
10515, Page 2465, of the Public Records of Pinellas County, Florida.
3) UCC-l Financing Statement executed by Clearwater Phase I Partners, Ltd., as
Debtor, to and in favor of ArnSouth Bank, as Secured Party, recorded May 13,
1999, in Official Records Book 10515, Page 2479, of the Public Records of
Pinellas County, Florida.
Said mortgagee hereby consents to and joins in the granting of that certain
Sidewalk and Utility Easement given by mortgagor, Clearwater Phase I Partners,
Ltd., a Florida limited partnership, to the CITY OF CLEARWATER FLORIDA, a Florida
Municipal Corporation, on ~"~M.b!:n. :t~ , 1999, and hereby further
subordinates said mortgage ~rest and all of the right, title, interest and
claim thereunto accruing in said premises to said easement grant, together with
facilities described therein.
Page 1 of 2
1\:;}
. :
IN t!ITNESS WHE~F, !h~ ~ undersigned has caused these presents to be
signed this ~ day of ~~ , 1999.
Signed, sealed and delivered in
the resence of:
AmSouth Bank, an Alabama
banking co oration
BY:
Witness Sig t
(;tQ:7:~)~~:e-
Witness Signature-
Print name \~tec-:'\... L-0. !.-..:>c\..cl
~ ~ \
Type/print name ~rPJ /J... O.et;.,I11J.blJ::;S
Title
llt'8 ~/~
(co~rate seal)
STATE OF~ FlclLid,r
. COUNTY OF a ~.p
() -kJk The foregoing instrument was ?~knowledged before fl th~5 L2!- day of
f L ,1999 by Jot" 4. !fpfa,(,fA-S as Vi U- .;.s, d.t2-i -r
o AmSouth Bank, as duly authorized y and on behalf of said corporation for the
us and purposes as described herein.
:ss
(seal)
Notary Public - State of Alabama
Print name Q)1Il~ ~2J)P
~ Personally Known
{ ] Produced Identification
Type of Identification Produced
~..~~~ DONNA M.lARGE
f.r~'l:4 MY COMMISSION' CC 846932
~'~.~i EXPIRES: June 16,2003
.~p.:.~' Bonded Thru Nolaty Public Underwrit.rs
Re: Clw Phase I Partners Sidewalk & Util Eas 0899
Page 2 of 2
I , " , ' '.' '.. ' ., . . ," , . . . : 'I ~ , '
OCA_ ,
u.
o
>-
I-
-
o~~
ONE CITY. ONE FUTURE.
City Attorney's Office
Memorandum
TO:
FROM:
HONORABLE MAY~n AND CITY COMMISSIONERS
. f~~
Pamela K. Akin, City Attorney
RE:
Scott v. City of ClealWater
DATE:
January 14, 2000
Authorization by the commission at a public meeting is sought to authorize the City
to settle a lawsuit brought against the City of Clearwater by the personal representative of
the estate of Robin Scott. The underlying case arises from a fatal traffic accident
involving a city vehicle, and which occurred on U.S 19, near Drew Street, on May 16,
1997.
The essence of the settlement is that in exchange for a full release and dismissal
of the case with prejudice the City will pay to the estate the sum of $100,000.00.
PKA:jmp
Copy to:
Michael J. Roberto, City Manager
, I j ,... . "'1f. .. ' ,I; .' ~ I , ' 'I I ' . ' '. , '\ < I \,' :. ,.. "
(8
Ev1--
Clearwater
City Commission
Agenda
Cover Memorandum
Worksesslon Item #:
Anal ARenda Item # ~
Meetin~ Date:
\ . ~(), dO
SUBJECT/RECOM M ENDA TION:
Acknow ledQe the Intent of the CRA to Accept the Proposal submitted bv The Balk Company,
Inc., subject to negotiations of a development agreement.
U and that the appropriate officials be authorized to execute same.
SUMMARY:
· In accordance with F. S. 163.380(3). the CRA wishes to notify YOU of its intent to accept
the proposal submitted by The Balk Company, Inc., subject to negotiations of a development
agreement.
· This action does not constitute acceptance of the proposal.
Reviewed ~~~al ~tt:J~ttfM(k )tttt/::::[0:ir~R1N&b~~Z'::R~j:::::::::"':=:::?{:::r::
Budaet ?tt:t::,,:,,:::r ',' ::,,"',:,:,',',r/:::;::':::
;.~c~a:~~ i~li~iii~ J~!&jt?tili~Wf&li!iw)}liJm&liN
A eM m:mmr1f::)rHll;.f)I:::tm:[':r
;:::::::.:::::::::::::::::::::::;::::::::::::::::::::::::::::::::::::::
".. .,,,..........,,.........
Costs:
Total
Comnlssion Action:
o Approved
o Approved with Conditions
o Denied
o Continued to:
t)j;~~)j((6(:~~)m:f?jtr~~~t}j
. ..".. d.
Current Fiscal Year
Submitted by:
Ot her ~:::!:!i!:1!!:1~::i::::i:::::::::[::::iii:I:~::!!i:i!:::!:iiii::;;i:i:: Advert ised:
illlililtill\11111'illllI1
o Not Required
Affected Parties
o Notified
Not Required
Funding Source:
o Capital
Improvement:
o
Operating:
o
Other:
Attactvnents:
Reqoost for Proposals and
fti~II).J;i~011'i!.iAilm?Hi1!iN!!!ltf0i }~ltl~!I!@~\llf4mm%%;t
o None
City Manager
o Printed on recycled paper
_ , , ' ".!." ,'t.' f ,., \'... .. . , . I ,1'1 ' ;, '
, : \..Y,; . ~ .
" ' l _..' ~. '
Additional Information
was provided with this
. item (#3 7,twonotebooks)
See Official Records
Reports/Studies
I:'
- -
\I ..
L\B
i
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item #
Meeting Date:
3~
.1 . :iO. 60
SUBJECT/RECOMMENDATION:
Pass Ordinance #6501-00 on first reading which reduces the number of members on the Library Board
from nine to seven,
1&1 and that the appropriate officials be authorized to execute same.
SUMMARY:
At the November 19, 1999, Library Board meeting, members unanimously recommended reducing
membership on the Board from nine to seven effective January 1, 2000, with the term expiration of two
Library Board members.
Reviewed by:
Legal ~_
Budget ? X
Purchasing X
Risk Mgmt X
Submitted by:
City Manager
Printed on recy d paper
Info Srvc
Public Works
DCM/ACM
Other
x
X
Originating Dept: Library
~
User Dept. Library
.J-6
Attachments
X None
Costs
Total 0
Current FY
A ro riation Code:
Funding Source:
CI
OP
Other
Rev. 2/98
.:
..
'3~/
ORDINANCE NO. 6501-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE LIBRARY BOARD; AMENDING SECTION 2.192,
CODE OF ORDINANCES, TO REDUCE THE NUMBER OF BOARD
MEMBERS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 2.192, Code of Ordinances, is amended to read:
Sec. 2.192. Composition.
The library board shall consist of seven -AiRe members, all of whom shall be permanent
residents of the city.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED.
Brian J. Aungst
Mayo r-Commissioner
Approved as to form:
Attest:
~
n arassas
City Attorney
~
Cynthia E. Goudeau
City Clerk
Ordinance No. 6501-00
" ('- I .' '''' (fi.' ,~ "". .'. " ','~,l ..r", .': . " ,. (' ~ " ." . '. ' " ,..".. ",!.' '. . ,.'
o
w
~\)~
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeti ng Date:
Fi nal Agenda Item #
SUBJECT/RECOMMEN DATION:
Adopt Resolution 00-02 authorizing the City Manager to execute a mutual aid agreement between the
City of Clearwater and the Pinellas County Sheriff's Office to allow the Sheriff to
enforce City ordinances relating to the waterways and the operation of vessels and waterborne aircraft
within the City of Clearwater.
I&J and that the appropriate officials be authorized to execute same.
SUMMARY:
. Mutual aid agreements between law enforcement agencies are authorized by Chapter 23, Florida Statutes,
for rendering voluntary assistance of a routine law enforcement nature to one another across jurisdictional
lines.
. This agreement renews the prior Mutual Aid Agreement between the City and the Sheriff. In return for free
dock and office space from the City, the Sheriff agrees to enforce boating ordinances on waterways within
the municipal limits. The Sheriff agrees to assume all of his operational costs for any assistance he provides
with no financial charge to the City.
Reviewed bY~: ,
legal
Budget 'A
Purchasing NA
Risk Mgmt NA
Info Srvc
Public Works
DCMlACM
Other
Costs
Total -0-
NA
NA
User Dept.
POLICE Current FY -0-
Attachments
Copy of Mutual Aid Agreement
Funding Source:
CI
OP
Other
Submitted by:
City Manager
Printed on recycled paper
o None
A ro riatiol1 Code:
Rev. 2/98
I ." '" , . ~ . '.,' ' .,' . 'I f ", . , " . ,~ " .'
RESOLUTION NO. OO.Q2
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE
EXECUTION OF THE "MUTUAL AID AGREEMENT FOR
MARINE PATROL SERVICES"; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater pursuant to Section 23.1225(1 )(a),
Florida Statutes, is desirous of entering into an agreement with the Pinellas
County Sheriff's Office that allows voluntary cooperation and assistance of a
routine law enforcement nature across jurisdictional lines; and
WHEREAS, the City of Clearwater has deemed it to be in the best interest
of its citizens to enter into the "Mutual Aid Agreement for Marine Patrol Services";
and
WHEREAS, Section 23.1225(3)(b), Florida Statutes, states that the mayor
or chief executive officer of a municipality may enter into a Mutual Aid Agreement
on behalf of a law enforcement agency if authorized by the governing body of the
municipality; now therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby authorizes the City Manager
on behalf of the Clearwater Police Department to execute the IIMutual Aid
Agreement for Marine Patrol Services," a copy of which is attached hereto,
between the City of Clearwater and the Pinellas County Sheriffs Office.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
, 2000.
Approved as to form:
fa
Brian J. Aungst
Mayor-Commissioner
Robert . Surette
Assistan City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution 00-02
, I ',' /' / ' '~, .' "
THIS AGREEMENT is made and entered into this
day of January, 2000 by and
MUTUAL AID AGREEMENT FOR MARINE PATROL SERVICES
between the CITY OF CLEARWATER, FLORIDA, a Florida municipality (hereinafter the CITY
OF CLEARWATER), on behalf of its Police Department, and EVERElT S. RICE, SHERIFF OF
PINELLAS COUNTY, FLORIDA (hereinafter the SHERIFF).
WITNESSETH:
WHEREAS, Section 23.1225(1), Florida Statutes, authorizes law enforcement agencies
to enter into agreements for rendering voluntary assistance of a routine law enforcement nature
to one another across jurisdictional lines; and
WHEREAS, the CITY OF CLEARWATER and the SHERIFF desires to secure the
benefits of such mutual aid for their respective jurisdictions; and
WHEREAS, the CITY OF CLEARWATER and the SHERIFF have determined that it is in
the best interest of the health, safety and welfare of the citizens of the municipality and the
county to enter into a voluntary cooperation agreement.
NOW, THEREFORE, in consideration of the mutual covenants expressed
herein and for other good and value consideration, receipt of which is hereby
acknowledged, the parties agree as follows:
1. The CITY OF CLEARWATER and the SHERIFF shall cooperate in
.
enforcement of the laws of the State of Florida and the SHERIFF will assist in the
enforcement of the ordinances in the CITY OF CLEARWATER, as the same shall
relate to the waterways, operation of boats, surfboards, vessels, waterborne
aircraft and other watercraft, within the municipal limits of the CITY OF
CLEARWATER.
2. A law enforcement officer rendering assistance under this Agreement
~ ..' ' ; \ ~', I ~ ,.'~ f, .' .' . . . ~' ; .... ~ ,
3. A request for voluntary cooperation shall be made by the commander of the agency
shall have the same power, duties, rights, privileges and immunities as if he or
she were performing his or her duties in the jurisdiction in which he or she is
normally employed.
or his designee. Voluntary cooperation can also be initiated by an on-duty officer who views an
in-progress violation.
4. Law enforcement officers rendering assistance under this Agreement shall do so at
the direction of, and under the control of, an official designated by the agency which such officer
is a member.
5. The CITY OF CLEARWATER shall provide to the SHERIFF such dock space, office
space, and other materials and services as may be mutually agreeable to the CITY OF
CLEARWATER and the SHERIFF.
6. Law enforcement officers rendering assistance pursuant to this Agreement shall
complete written reports as if they were performing their duties in the jurisdiction in which they
normally serve. All reports shall be furnished upon request. Officers rendering assistance under
this Agreement shall further prepare such other reports as the CITY OF CLEARWATER may
reasonably require.
7. The SHERIFF shall assume all of his own operational costs and expenses in
.
providing assistance under this Agreement. No financial charge shall be made to the CITY OF
CLEARWATER for such assistance. Further, all pension, insurance, relief, disability, workers'
compensation, salary, death and other benefits which apply to the activities of officers, deputies
and members performing duties in the jurisdiction in which they normally serve shall apply to
the same manner, degree and extent while such officers, deputies, or members are rendering
assistance under this Agreement.
8. The SHERIFF shall bear the liability for his deputies and members arising from acts
undertaken pursuant to this Agreement. It is understood that both parties to this Agreement are
governmental entities subject to the provisions of F.S. 768.28. Nothing contained herein should
be construed to waive or alter the limits of liability or other terms and conditions of that statute.
9. In no event shall this Agreement confer upon any person, corporation or entity,
whether private or governmental, the right to damages against either party to this Agreement,
except as expressly provided in this Agreement.
10. This Agreement shall be binding upon the parties from the date of full execution
hereof and shall continue in full force and effect until September 30, 2005. However, either
party may terminate this Agreement by providing written notice of termination to the other not
less than thirty (30) days in advance of such termination.
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto, City Manager
Approved as to form:
Attest:
,e,-
Robert J.
Assistant
Cynthia E. Goudeau
City Clerk
Witness
Everett S. Rice, Sheriff
SHERIFF OF PINELLAS COUNTY, FLORIDA
. '. , ,~ , J . t .' : I ; '1 " " 'I" \" . 1 '. '. ,'. ~ . . ~' .
CD
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeti ng Date:
~o
J ' ~ l). 00
Final Agenda Item #
SU B J ECT/RECOMMEN DATION:
Provide direction to staff as to the preferred option for the roadway cross-section to be used for the
forthcoming Mandalay Avenue Improvements.
~
o and that the appropriate officials be authorized to execute same.
SUMMARY:
. Various options have been proposed for the roadway cross-section to be used when implementing
streetscape improvements on Mandalay Avenue.
. Based on input from the public; the City's consultant for beach redevelopment; and city staff, the
alternatives have been narrowed to two options.
. Option one includes:
" Four 10' travel lanes
. 4' wide landscaped median
. Two 14' wide sidewalks
. Parallel parking on the west side
. Option two incl udes:
. Four 1 0' travel lanes
. 10' wide landscaped median
. Two 15' sidewalks
. No on street parki ng
. Staff is currently scheduling the detailed design process and is seeking direction as to which option is
preferred.
Reviewed by: Originating Dept: /hf4- Costs
Legal N/A Info Srvc N/A Public Works Adrnini Total None
Budget N/A Public User Dept. Funding Source:
Works
Purchasing N/A DCMlACM Public Works Current FY CI
Risk Mgmt N/A Other Attachments OP
Other
Submitted by: IRl None
City Manager A ro riation Code:
Printed on recycled paper Rev. 2/98
, f.'. . (.,' ,t. ~.: ~ ...,~ . " :;~ " ..,....,. :",. :,/1':.... ',I' ~ ~,!. .~.t'" .' " ~ '.j , / ~~( ~" ~ " ',,' ......,....' .i'...":..I~ ',. \ I '.~. ~ f,~'t'" ." ,',
r~~
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item #
Meeting Date: j .
SUBJECT/RECOMMENDATION: Approve a 30 year lease between the Clearwater COlJntry Club, Inc.
and the City of Clearwater for the operation of the property currently known as Clearwater Country Club
Golf Course, pending repeal of 60 year lease limit or change of corporate name by Clearwater Country
Club, Inc.,
[&l and that the appropriate officials be authorized to execute same.
SUMMARY:
o Clearwater Country Club has operated the site since June 1, 1937. The current lease expires on
April 9, 2002.
. The analysis of the City of Clearwater Municipal Golf Courses by National Golf Foundation
Consulting, Inc. dated August 1999 regarding this course was "we recommend the City of Clearwater
continue to lease the Clearwater Country Club to the members."
~ On September 16, 1999, City Commission directed staff to negotiate a long-term lease with the
Clearwater Country CI ub.
. Staff has completed lease negotiations with the Club. The following is a list of key items in the
tentative lease agreement:
~ City of Clearwater residents shall be given a preferential daily green fee rate reduction equal to
10% of the establ ished green fee.
~ The Club shall pay annually 3% gross annual revenue to the City as the property rental fee.
Gross revenue is defined to include all revenue sources. This is estimated to be approximately
$74,000 in the first year.
>- If the Club constructs a new clubhouse, the City agrees'to reduce rental to 1 % of gross
revenue annually for the first ten (10) years (a reduction of approximately $49,000 annually,
based upon 2002 forecasting), then 2% annually for the second ten (10) years (a reduction of
approximately $24,250 annually, based upon 2002 forecasting).
~ City has the option to purchase all Club property upon the termination or expiration of the
lease. Purchase shall be for the assessed value as determined by the official records of the
Pinellas County Property Appraiser.
~ Club to supply an annual audit to the City by a Certified Public Accountant.
~ Club is obligated to pay any Federal, State or local taxes, and fees, for the term of the lease.
Reviewed by:
legal ~
Budget NA
Purchasing NA
Risk Mgmt
NA
NA
Originating Dept:
Parks & Recreation
User Dept.
Parks & Recreation
Attachments
,~
~~~
Costs
Submitted by:
City Manager
o Printed on recycled paper
Info Srvc
Publ ic Works
DC~VACM
QOl Admin.
Total
-0-
Current FY
-0-
Funding Source:
CI
OP
Other
,..i",
o None
A ro dation Code:
Rev, 2/98
.~
~-
-
-.
~Rd-
LfJ
LEASE AGREEMENT
THIS LEASE, made and entered into this _ day of "
by and between the CITY OF CLEARWATER, Florida, a municipal corporation,
hereinafter called the "City", whose address is Post Office Box 4748, Clearwater,
Florida 33758-4748, and 1 a Florida corporation,
hereinafter called the "Club", whose address is 525 Betty Lane North, Clearwater,
Florida 33755,
WHEREAS, the City commissioned a study by the National Golf Foundation
which recommended that the City enter into a lease agreement with Club.
WHEREAS, it is the intent of the City and Club to enter into a lease agreement
for the premises described herein.
NOW THEREFORE, in consideration of the foregoing and the mutual covenants
contained hereinafter, IT IS AGREED AS FOLLOWS:
GRANT OF LEASE
TERM DESCRIPTION AND OPTION TO RENEW
1. That for and in consideration of the covenants to be kept and maintained by
the Club and the mutual benefit to the parties, the City does hereby lease and let unto
the Club, its successors and assigns, subject to the terms and conditions hereinafter
set forth, that certain real property located in the City of Clearwater, Florida, more
particularly described in Exhibit "A" attached hereto and incorporated hereby by
reference. The term of this lease shall be for a period of thirty (30) years, commencing
May 1, 2002 and ending April 30, 2032, unless sooner terminated by the provisions
hereof.
LEASE NOT ASSIGNABLE
WITHOUT CONSENT
USE AS PUBLIC GOLF COURSE
2. It is expressly agreed between the parties that this lease shall not be
assignable to any other person, firm or corporation without the express written consent
of the City, which consent may be granted or denied in the sole discretion of said City.
3. It is understood between the parties that the real property, which is the
subject of this lease, will not be used in any manner other than as a public golf course
facility .
CLUB COVENANTS
KEEP AND MAINTAIN A GOLF COURSE
4. The Club covenants that it will keep and maintain upon the real property an
18 hole golf course, together with incidental improvements and will use, occupy and
make available, as herein contemplated, such premises as a golf course and related
facilities for pleasure, recreation and other purposes consistent with such golf course
operation. During the term of the within lease and any extensions thereof, such golf
course shall be operated and the facilities shall be open for usage during the normal
hours of operation of the same or similar facilities in the area; provided, however, that
at reasonable times portions of such course may be closed for necessary repair and/or
reconstruction and/or maintenance.
AVAilABiliTY OF GOLF TO THE PUBLIC
5. The Club, in its operation of the course shall, at all times, subject to
reasonable rules and regulations common to other similar facilities in the area, make
such course available to the public who are not members of the Club on payment of
reasonable green fees. The Club will, at all times, conduct its operation in such a
manner as will be conducive to greens fee play and will undertake any and all
reasonable acts to insure that the public is aware that such course is available for
greens fee play and will make reasonable efforts to see that the prevailing atmosphere
at the Club will be such that greens fee players will feel welcome to use the facility. The
provisions of this paragraph shall be a material part of this lease.
GREENS FEE PLAYERS
RIGHTS AND OBLIGATIONS
2
6. The City recognizes the right of the Club to require greens fee players to
comply with rules and regulations as prescribed for members. Failure of greens fee
players to comply with established rules and regulations may, at the discretion of the
Club management result in loss of playing privileges. Any complaints relating to play by
greens fee players shall be referred to the Liaison Committee established herein for
appropriate action.
CLUB FACILITIES AVAilABLE
TO GREENS FEE PLAYERS
7. The Club agrees to make the Clubhouse food, drink and restroom facilities
available to greens fee players on the day of play to the same degree that such
facilities are available to Club members. Greens fee players will be charged for food
and beverages on the same basis as members are charged and shall be treated as a
member for the day of play during the hours that the appropriate facilities are open.
Nothing in this provision shall give any non-member use of the Club facilities for social
.' , ' . ,1 . . . . . 'f ," " ',I .'~ '!
events or entitle any such person to the use of the available facilities after the course
has been closed for play. The Club agrees to make Clubhouse and facilities described
herein available to the City for City sponsored events, based upon availability.
USE AND CARE OF PREMISES
8. The Club covenants and agrees that it will, at all times, keep, maintain and
operate such course and the facilities thereon, or in any way connected therewith, in a
good and prudent manner to the end that such course shall be kept in good, playable
condition. The Club agrees to keep and maintain reasonable standards and condition
of the course generally in substantially the same condition as of the date of this lease;
that it will keep and maintain, in good repair, all permanent improvements. such as
buildings, and water systems, including the making of necessary replacements and/or
repairs even though the making of such repairs and improvements shall extend the life
of such facility or facilities beyond the expressed date of this lease. Club and City
Parks and Recreation Director shall meet annually to mutually agree upon a capital
improvement program to be implemented by the Club.
CITY RESIDENT RATES
9. At all times during the term of this lease, residents of the City of Clearwater
shall be given a preferential daily green fee rate reduction of an amount equal to ten
percent (10%) of the established green fee then in force and effect.
NO PERMANENT COURSE LAYOUT CHANGES
WITHOUT WRITTEN CONSENT OF CITY
10. The Club covenants and agrees that no permanent change in the layout of
the course shall be made except with the express written consent of the City. All duties
of construction, repair, alteration or maintenance imposed by the within lease are and
shall be separate expenses of the Club and shall never directly or indirectly be
chargeable to the City nor in any way be a mechanic's or materialmen's lien or charge
upon any lands.
LEASE MAY BE RECORDED TO PROTECT
CITY AGAINST LIENS
11. This instrument may be recorded in the public records of Pinellas County,
Florida, and all persons, firms or corporations whomsoever are called upon to take due
notice of these limitations and the superior rights of the City herein.
NO PERMANENT STRUCTURES TO BE REMOVED
12. No permanent structure, once constructed, shall be removed from the
premises or materially altered except with written consent of the City which shall not be
3
R
unreasonably withheld and all persons, firms or corporations are expressly called upon
to take due notice of the requirements of this lease.
CITY RESERVED RIGHT
TO DRAINAGE, UTILITY LINES, ROADS, ETC.
13. The City reserves at all times during the term of this Lease or any extension
or renewal thereof the continuing right to utilize any portion of the leased premises for
drainage, laying and maintaining utility lines or facilities, including roads, railroads, or
other necessary rights of way, provided, nevertheless, the City shall use its best efforts
to adopt such route or routes as will be reasonable and economically feasible to
minimize interference with the purposes of this Lease.
BANKRUPTCY OR DEFAULT,
CITY HAS OPTION TO TERMINATE
14. Should the Club hereinafter be adjudged bankrupt or become insolvent or in
any other way be financially unable to keep the covenants of this Lease, the City may
at its option, terminate the lease, as though for breach of any other covenant. City may
also accelerate the option to purchase referenced herein and shall be assigned any
rights the Club may have in order for City to purchase.
CLUB WILL PERFORM ITS OBLIGATIONS
15. The Club, in the performance of the covenants contained in this lease, shall
at all times do or perform such acts or actions as shall be reasonably required by the
context of this lease to fully perform its obligations hereunder, and shall, conversely,
refrain from doing or permitting to be done any acts or actions which would jeopardize
either its performance or ability to perform the covenants contained herein or the
payment of rentals contemplated by the parties.
RENTAL
16. Commencing May 1, 2002, the Club shall pay annually to the City, as rental
for the premises, and the City agrees to accept three percent (3.000/0) of the gross
revenues plus applicable sales tax. Gross revenues include but are not limited to golf
and social membership dues and initiation; green fees; cart fees; food. beverage, and
merchandise sales; clubhouse rental;and any other revenues. Said rental payment
shall be continued in the same amount unless modified in writing by the parties
following extension negotiations.
The said rental payments shall be paid to the City not later than thirty (30) days
after the close of the Club's fiscal year. The disposition of remaining funds will be at the
discretion of the Board of Directors of the Club, except that all funds must be used for
the improvement of the course and facilities or to establish suitable reserves for
4
.1.+,.
maintenance, improvement and debt service. This schedule of rental payments shall
remain in effect until modified by the parties in writing.
If Club constructs a new clubhouse of minimum size of 13,000 square feet at an
estimated cost of $110.00 per square foot, then City agrees to reduce rental to one
percent (1.0Qotb) of the gross revenues for the first ten (10) years from Certificate of
Occupancy and then two percent (2.0Qotb) of the gross revenues for an additional ten
(10) years. Rental will then return to the original amount or three percent (3.00%) of
the gross revenues for any remaining lease term.
CITY'S OPTION TO PURCHASE CLUB PROPERTY
17. The Club owns the real property and improvements described in Exhibit "B".
City shall have the option to purchase that property upon the termination or expiration
of this lease. Both parties agree that the purchase price shall be the assessed value
as determined by the official records of the Pinellas County property appraiser. City
and Club shall share the normal and customary costs for closing and Club shall
convey the property free and clear of any and all encumbrances. Purchase price
shall be reduced by that amount discounted from rental based on construction of a
new clubhouse.
OPERATION AND MEMBERSHIP REQUIREMENTS
18. The Club agrees to operate the Clubhouse and related facilities located on
the properties described in Exhibit "B" as a private facility subject to the right of greens
fee players to use the food, beverage, and rest room facilities during the day such
players are using the course as further outlined hereinafter, The Club covenants that
membership in the Club, either social or golfing, will be made available to the public.
The Club, however, in accepting applications for membership and admitting a member
will be subject to the following guidelines and restrictions:
A. For golfing and social membership, priority on a waiting list shall be given
to residents of the City who are applicants. If no City resident is on the waiting list for
an available membership, the said membership may be offered to the general public.
B. Membership shall be without discrimination based on race, religion, sex,
age or national origin.
C. The Club's By-Laws will conform with these membership requirements and
such By-Laws shall be continued during the term of this lease.
D. A violation of these covenants by the Club shall constitute a substantial
default under the terms of this lease.
5
.~
r\.
INSURANCE, INDEMNIFICATION AND HOLD HARMLESS
19. The Club agrees to indemnify and hold the City and its employees harmless
from and against any and all claims, demands, and causes of action or lawsuits of
whatever kind or character arising directly or indirectly from this agreement or the
performance hereof. This indemnity clause includes, but is not limited to, claims,
demands, causes of action or lawsuits for damages or injuries to goods, wares,
merchandise and property and for any bodily or personal injury or loss of life in, upon or
about the property.
The Club shall obtain at its own expense, and maintain during the term of this
agreement, the insurance coverages set forth below:
(1) Property Insurance - Real property including improvements or
additions shall be insured.
a. Form - All Risk Coverage - Coverage shall be no more restrictive than
that afforded by the latest edition of Insurance Services Office forms
CF0011, CF0013, CF0420, and CF1210. If available, sinkhole insurance is
to be included. If the provisions of the Club's All Risk Coverage do not
include sinkholes and the unavailability of such coverage is verified by the
City's insurance consultants, the Club shall be deemed to be in compliance
with this paragraph.
b. Amount of Insurance - The amount of coverage shall be the full insurable
value on a replacement cost basis.
c. Flood Insurance - When building or structures are located within an
identified special flood hazard area, flood insurance shall be provided for
the total insurable value of such buildings or structures or the maximum of
flood insurance coverage available under the National Flood Insurance
Program, whichever is less.
6
(2) Boiler and Machinery Insurance - If the buildings or structures include
boiler(s), pressure vessel(s), or air conditioning/heating equipment,
the Club shall maintain comprehensive insurance covering loss on
the property included liability for damage to property of others.
a. Repair and Replacement.
b. Amount of Insurance - $1,000,000.00 per accident
(3) Comprehensive General Liability 0 Coverage shall be afforded on a
form no more restrictive that the latest edition of the Comprehensive
General Liability policy filed by the Insurance Services Office and
shall include:
'~ . . of'- ' ,', ' , f " I."
a. Minimum limits of $1,000,000.00 per occurrence combined
single limits for bodily injury liability, personal injury, and property
damage liability.
b. Premises and Operation.
b. Independent Contractors.
c. Products or Completed Operations.
d. Personal Injury Coverage with employees and contractual
exclusions removed.
e. Liquor Law liability, if applicable.
f. Golf carts or other golfing appurtenances, not owned by the
Club but brought onto the property by others.
(4) Business Auto Policy - Coverage shall be afforded on a form no more
restrictive than the latest edition of the Business Auto Policy filed by the
Insurance Services Office and shall include:
a. Minimum limits of $1,000,000.00 per occurrence, combined single
limits for bodily injury liability and property damage liability.
b. Coverage on all vehicles (owned, hired, and non-owned).
(5) Workers Compensation - Coverage shall apply for all employees for
statutory limits in compliance with the applicable State and Federal laws. In addition,
the policy shall include employer's liability with a limit of $500,000.00 for each accident.
If the self-insured status of the Club is approved by the State of Florida, the City agrees
to recognize and accept such status upon proof of such approval.
Other Reauirements.
(1) The City shall be names as an additional insured on all insurance
policies required under this agreement.
(2) Copies of insurance certificates for all insurance required by the
agreement, and copies of all insurance policies covering insurance
required by this agreement, shall be furnished to the City Clerk of the
City prior to the use of the property.
7
(3) Not less than sixty (60) days notice of cancellation or restricted
modifications of any insurance policy providing the coverage required
by this agreement shall be required on all insurance policies.
COMPLIANCE WITH EXISTING LAWS AND REGULATIONS
20. The Club agrees that in its use and occupancy of the leased property it will
comply with all applicable laws, rules, regulations and ordinances of every
governmental bOdy or agency whose authority extends to the leased property or to any
operations conducted upon the leased property, whether or not such laws, rules,
regulations or ordinances are mentioned herein.
CLUB TO SUPPLY AUDIT BY C.P.A.
21. The Club agrees for determination of the cash rental to be paid hereunder
that it shall at least annually, in each year of the term of this lease, at its own cost,
furnish to the City a complete audit of its operations, prepared by a Certified Public
Accountant, together with such interim accounts as may from time to time be requested.
Such annual statement shall be furnished within thirty (30) days after the end of the
Club's fiscal year. The Club shall further submit to the Parks & Recreation Director an
annual report of course operation.
RIGHT OF ENTRY BY CITY
22. Agents of the City shall be afforded the right at all reasonable times to enter
upon the leased property for the purpose of inspecting the leased property and the
Club's other facilities.
OBLIGATION TO PAY TAXES
23. The Club agrees to pay any federal, state or local taxes which may be levied
on the property or any improvements or uses placed thereon, but it is agreed that the
uses herein serve a public and municipal purpose and the parties do not waive any
exemptions permitted by law.
WRITTEN CONSENT OF CITY NECESSARY FOR ANY CHANGES
24. Club must get City approval which shall not be unreasonably withheld to
remove, demolish, remodel or replace any building or other structure on the leased
land or land owned by the Club
8
DEFAULT BY CLUB ON ANY MORTGAGE
CITY MAY CONSTRUE IT AS A DEFAULT IN LEASE
25. Should the Club herein materially default in the payment of any mortgages
or other encumbrances, and the holder thereof declares such default, the City may
construe such default of the Club as a default in the terms of this lease, or in the
alternative relinquish its claim as granted by this lease to such mortgaged lands.
Nothing herein provided is intended nor is it to be construed to obligate the City
directly or indirectly to pay any part of such mortgage debt except at its own free
choice in order to preserve its rights to the lands and improvements encumbered by
the terms of the mortgage or lien.
LIAISON COMMITTEE
26. The parties agree to maintain a Liaison Committee. The purpose of the
Committee is for the continued exchange of information between the parties and to
eliminate problems or misunderstandings as well as to keep open the lines of
communication between the City and the Club. The parties herein establish a Liaison
Committee consisting of at least one member of the Board of Directors of the Club and
the City Parks and Recreation Director. It is contemplated by the parties that the
Committee shall meet and discuss any matter of mutual concern, including complaints
by greens fee players or other Clearwater residents concerning the operation of the
Club. The Board of Directors of the Club will make an investigation of any such
complaint and its findings together with the resultant action taken will be reported back
through the Committee to the City Commission, This liaison function of the Committee
is not limited to the handling of complaints, nor is it intended to supplant any other
channels of communication established or normally observed, between the City and the
Club.
CLUB'S RIGHT TO CURE ANY ALLEGED DEFAULT
WITHIN 30 DAYS OF WRITTEN NOTICE
9
27. A default in the performance of a promise, covenant, or obligation shall
constitute a breach of this lease; provided, however, that such default shall not
constitute such breach as to terminate this lease until and after the Club fails to cure or
to take reasonable measure to cure such default within thirty (30) days after written
notice of default has been served upon the Club. The City covenants that in the event
this lease is assigned to a mortgagee or mortgagees, as is herein provided, the City will
likewise give written notice to such mortgagee or mortgagees of said default and shall
afford such mortgagee or mortgagees the same period of time within which such default
may be cured without termination of this lease; however, no such notice shall be
necessary unless such mortgagees shall have previously requested such notice in
writing to the City, in which event the failure of the City to give notice to any mortgagee
shall not limit its right to declare a default and termination of the lease.
UPON DEFAULT LEASE IS TERMINATED AND CITY MAY PURCHASE ASSETS
28. If any default is not cured after notice, as above provided, either by
the Club or any mortgagee or assignee, then and in such event this lease shall be
terminated and the Club will become a tenant at will and the City will be entitled to
purchase such assets necessary for the operation of the golf course at fair market
value.
TERMINATION
29. City may terminate this lease with thirty (30) days written notice to the
Club if Club violates any provision of this lease or fails to cure any alleged default.
City may also terminate this lease for any municipal purpose consistent with City
Charter by giving one (1) year written notice to Club.
HOLDOVER AFTER TERMINATION
ON MONTH TO MONTH BASIS
30. If the Club, with the consent of the City, continues in possession of the
leased property after expiration of the term of this lease, then the Club will be deemed
to be holding the leased property on a month to month tenancy subject to all of the
other provisions of this lease, but such tenancy by sufferance of the Club shall not be
construed as a waiver of any right hereunder conferred upon the City.
FAILURE TO ACT BY CITY NOT A WAIVER
31. Failure of the City to insist upon performance of any covenant hereunder
shall not be deemed to be a waiver of the right to insist upon full performance at any
subsequent time.
AMENDMENTS MUST BE IN WRITING
32. Any additions or modifications to this lease shall be in writing and shall be
executed by both parties and no oral agreement shall be effective to change or modify
the terms of this lease.
10
. ~
"1"'""~. ,
,>. "'.,'. ,.
o ,. ,:~. ( ,._,
"',,",,"_.'O"',.M" ".:
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
(Name of Club)
By:
President
By:
Secretary
S:/Agreement Forms/Club Lease Agreement
CITY OF CLEARWATER
By:
Michael J. Roberto
City Manager
Brian J. Aungst
Mayor-Commissioner
ATTEST:
Cynthia E. Goudeau
City Clerk
Approved as to form:
John Carassas
Assistant City Attorney
11
. ' "
,.,' ,": ~....:".:",~"l~,"~::"~:,,,,.~".. ,,t.,.'.'" i,;"c."~ ~~. ::., ,
Item #42
/9:3/
o. i" , " ' .' . _ . ... ~ . ' , "! \ , ;' 'I / 00' ',' , .' , " "
o
w
pLD 5
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Meeting Date:
T:[~
J . ~O . 00
Final Agenda Item It
SUBJECT/RECOMMENDA liON:
Pass on first reading Ordinance 649B-00, revising appendix A, Occupational License Fees, code of
ordinances.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
In 1995, an ordinance was adopted that restructured and increased the City's Occupational License fees. This
was done under the guidelines set up in the State Statute 205.013, et seq. as amended by a law signed into
effect in 1993.
An Equity Study Commission appointed by the City Commission reviewed the City's Occupational License fee
and made recommendation. City staff then put those recommendations into an ordinance and it was adopted
by the City Commission.
State Law allows municipalities to increase their Occupational License fee rates up to five percent every other
year after the City's 1995 ordinance reclassifying and revising the rate structure. The first of the five percent
increases was adopted in 1997, two years following adoption of the ordinance. This agenda item and
associated ordinance accomplishes this task for 1999, meeting the two year provision.
This increase will generate an estimated $80,000 of additional revenue, a portion of the revenue
enhancements, which has been included in the budget for FYOO. This figure is based on historical data for the
previous last 3 years of revenues.
N/A
N/A
Costs
Reviewed bY3lN /l
Legal ~
Budget ..:::C:::L
PurchasingM'A
Risk Mgmt NI
Info Srvc
Public Works
DCtvV ACM
Other
Total
Current FY
Funding Source:
CI
OP
Other
N/A
Attachments
Proposed Ord. #6498-00
Submitted by:
City Manager
Printed on ree led paper
o None
A ro riation Code:
.......
'--,
H::" :".'':'~.'''~''~':~t:~~",J~:,..,l:'':.,,1 iv '}.....:. ;1..,.':,-:",/ ,...:...~,..::~I.' t,"'f:,", '.j~l~'~)'f'~!;"\''''''h''' .~~:/:.:)..;.,;,.~:f,.' .~':';. ~-:,.,:f'.:,~"...,:.. ..r.",I' '/".' :"~:'~~""j:,~,;
DEVELOPMENT SERVICES
PROPOSED DeL FEE INCREASES - COMPARISONS
TYPE CURRENT PROPOSED 0/0 LARGO ST.PETE TAMPA
INCREASE
Adult Use $1050 + $57.75 $1102.50 + 5% $475 per $65 + $12 $105 +
Establishment per entertainer $60.50 per facility + $100 per employee $15.75 per
entertainer per employee
entertainer
Beauty $42 + $10.50 $44 + $11 per 5% $25.00 $65 + $12 $105 +
Salon/Barber per chair + chair + $27.50 per employee $12.60 per
$26.25 per per manicurist employee
manicurist
Dentist $105 per $110.25 per 5% $110.25 per $200 + $150 $262.50 per
dentist +$78.75 dentist + dentist ea. additional dentist
per dental $82.50 per professional
hygienist dental hygienist +$12 per
employee
Funeral Director $105 $110.25 5% $220 $65 + $12 $262.50 +
per employee $15.75 per
employee
Locksmith $47.50 $49.75 5% $70 (misc.) $65 + $12 $52.50
per employee
Merchant Inventory: Inventory: 4.3% Sq. Ft.: Inventory: Inventory:
151$3,000= 151$3,000= Ranges $50 151$20,000= Ranges
$57.75, plus $60.50, plus for home $70, plus $13.12 to
$4.50per ea. $4.70per ea. office to $3.75 per $1,575 plus
add. $1,000 or add. $1,000 or $18,000 for add $1,000 $3.93 per ea.
fraction thereof fraction thereof 149,001 to add. $1,000
150,OOOsq. ft. over$300K
Actual Actual Actual Actual Actual
Example: Example:- Example: Example: Example:
Dept. Store Dept. Store Dept. Store Dept. Store Dept. Store
$5.7M= $5.7M= 119,957sq.ft. $6.15Minv.= $7.35M inv.=
$25,728 $26,836 =$12,600 $23,028 $29,795
Private $115 $120.75 5% $50 per PI $65 + $12 $105 +
Investigator per employee $26.25 per
employee
Shoe Store $57.75 plus $60.50 + $4.70 5% $100-$250 $65 + $12 $105 + % of
$4.50 per $1 K per $1 Kover depending on per employee inventory
over $3 K of $3K of lot size
inventory inventory
Vending $57.75 dealer $60.50 dealer 5% $10 per $65 + $12 $7.19 to
Machine plus $10.50 plus $11 per machine per employee $26.25 per
per machine machine machine
Veterinarian $105 per $110.25 per 5% $150 per $200 + $150 $210 per
veterinarian veterinarian veterinarian per additional veterinarian
veterinarian
and $12 per
employee
Com pansons-OC L tees. doc
" ....' . " ',. '..~' .~, I ~ ,) ~, .~' ,.', , ,', .' ('. :.',"t'~~,~. -,"I' .'..' . :" '),'
. .
ORDINANCE NO. 6498-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO OCCUPATIONAL LICENSE FEES; AMENDING
APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES
BY 5% INCREASE IN FEES AND AMENDING THE
ADMINISTRATIVE FEE CHARGES; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA: .
Section 1. Appendix A, Code of Ordinances, is amended to read:
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
* * * * * *
XXVIII. OCCUPATIONAL LICENSE FEES:
Category No.
001.000
002.000
003.000
003.010
003.020
003.030
003.040
003.050
003.070
003.080
003.090
004.000
005.000
005.010
005.020
005.030
005.040
005.050
Category
Fee
ABSTRACT OR TITLE COMPANIES ............................................ $210.00220.50
AD:MINISTRATIVE OFFICE ............................................................... 78.75 82.50
ADVERTISING OR MARKETING
Agency, general................. ................ .... ......... ..... .......... ............. ..... 57.75 60.50
Coupon book publisher or distributor (See note B) ....................... 105.00 110.00
Directory or guidebook publisher ................................................... +05.00 110.00
Handbill or sample distributor.......................................................... 57.75 60.50
Soliciting for publication not listed in city ....................................... '17.25 49.50
Outdoor signs, advertising for other than
the business on the premises............................................................. 57.75 60.50
Welcome or greeting service ..........................................................., 5250 55.00
Trade inducement business, NOC .................................................. 115.50 121.25
ADULT ENTERTAINMENT ESTABLISHMENT (See note B;
See Chapter 41, Article V) .,...................... ...... ................. .............. ..... 1050.001102.50
AGENT OR AGENCY (See also brokers):
Book or magazine .......... .......... .......... ............. ........... .............. ......... 17.25 49.50
Claim or collection (see note B) ..................................................... 115.50 121.25
Credit reporting and mercantile ........................................................ 68.:25 71.50
Employment ........ .......... ............................... .................. ....... ............ 68,25 71.50
Manufacturers/sales representative, NOC ........................................"17.:25 49.50
Ordinance 6498-00
005.060
005.070
005.080
005.090
Private detective or company (See note B) .................................... 115.50 121.25
Property management or leasing .... .................................................. 57. 75 60.50
Talent (see note D).....................,........ ........ .... ...... ...... .................. .... 68.25 71.50
Travel (see note D).. ............................... .... ...... ......... .............,.......... 78. 7 5 82.50
006.000
AIRCRAFT (See note B; requires Engineering Dept. approval):
006.010
006.020
006.030
006.040
006.050
006.060
Charter or rental.............................................................................. 115.50 121.25
Flying instruction .... ........... .......... ...... .............. ............. .................. 115.50 121.25
Passenger service.................. ...... ........ ...... ...... ............ ............... ..... 115.50 121.25
Sales, new or used.........................,................................................. 115.50 121.25
Servicing .......... ................. ..................... ...... ............... ............... ..... 115.50 121.25
Storage, field or hangar ................ ........ ............. ............ ..... ............. -l15 .50 121.25
007.000
AIRPORT (see note B) ......................................................................... 236.25 248.00
008.000
ALARM SYSTEM BUSINESS, FIRE, BURGLARY, MEDICAL
MONITORING (see note B) .................,................................................ 57.75 60.50
009.000
AMBULANCE SERVICE (See article III of chapter 25) ..................... 57.75 60.50
Plus per vehicle ................................................................................. 21.0G 22.00
010.000
010.010
010.030
ANIMALS
Kennel... ......................... ....... .,........ .'. ...................... ..... .................... 57. 7 5 60.50
Groomer.. ..... .......... ................... ............ ............. ...... ....... .........,........ ~~ 49.50
011.000
APPRAISER (See note D for Real Estate)............................................. 68.25 71.50
012.000
ARMORED CAR SERVICE (See note B)............................................ 57.75 60.5Q
Plus per vehicle ............................................................,.................... 21.00 22.00
013.000
ARTIST ................. ....... ......,. ................................ ........... ........................ 78. 7 5 82.50
014.000
014.010
AUCTIONEER (see notes B and D) .................................................... 231.00 242.50
Auction gallery (See notes B and D).............................................. 708.75744.00
015.000
AUDITOR ,........................... ................. ....... ............,.......... ..... ..... .......... 73.50 77.00
016.031
016.040
016,050
016.051
016.052
AUTOMOTIVE:
Dealership - Sale of new and used vehicles ................................... 120.00441.00
Dealer - Sale of only used motor vehicles...................................... J-~ 330.75
Garage - General repairs or replacements
(See note D), for 10 bays or less................................................. 78.75 82.50
For each additional bay............. ................. .....,........................... 10,50 11.00
Rental- Autos, trucks, recreational vehicles ..............,................... 157.50 165.25
Parking lot, permanent or temporary
1-1 0 spaces.................................................................................. 26. 2 5 27.50
11-50 spaces............... ................. ............. ......... ........ ....... ...... ..... 36. 7 5 38.50
Ordinance 6498-00
016,000
016.010
016.020
016.030
2
" ',' ;", ",-'. . 4. ' , " . 'tt. " .... . ~, .: . :" f .... 't': ~ .~ . . ~ ~. ...'., ' . ,:.. ,~, I . ~ ,. .
016.053
016.060
016.061
016.062
016.070
016.080
016.090
017.000
018.000
019.000
019.010
020.000
021.000
021.010
022.000
022.010
023.000
023.010
023.020
023.030
023.040
023.041
024.000
024.010
024.020
024.030
024,040
024.050
024,060
025.000
026.000
027.000
027.010
3
Over 50 spaces..... ............... ...... ........... .... ...... ....... ..,........ ........... 78. 75 82.50
Storage
1-50 Spaces .....,. ................. .............. ....... ........... ....... .,........... ..... 57. 75 60.50
Over 50 spaces .................,......................................................., 115.50 121.25
Washing and polishing..... .... .,..... ....... ........... ...... ........ ...... ............... :! 6.:25 27.50
Wrecker or towing service. ...... .................. .......... ........ .,..... ...... ........ 17.:25 49.50
Service station, per fuel pump ....................,........................,............ 26.25 27.50
BAIT DEALER. ..... ...... ........... .....,. .............,........... ....... ........... ...... ........ 36. 75 38.50
BAKERY GOODS, RETAIL........ ......................................................... 57. 75 60.50
BANKS (including savings and loan associations)
for each bank location main or branch,...............................,................. 262.50 275.50
Automatic teller machines ...............................................,.............. 105.00 110.25
BARTENDER, FREE LANCE ....................... ....... ................................ ~~ 55.00
BATHHOUSE (see chapter 9 division III}...........,................................. :26.25 27.50
T eclmician .............. .... ........... ....... ...................................... .... ...... ..... 57. 75 60.50
BEAUTY SALONIBARBER SHOP
NAIL SALON, TANNING SALON...................................................... 4-~ 44.00
Plus, for each chair or booth (see note D) ........................................ 10.50 11.00
Manicurist (see note D)..... ....... .................. .......... ........ ......... ............ ") 6.:!5 27,50
BOATS AND BOAT TRAILERS:
Dealer. .............. ......... ........ ........... ........,............... .......... .....,.... ....... 105. 00 110.25
Repairs and service .... ............................ .,. .... ........... ....... ... ...... ......... eJ. 00 66.00
Rental (needs Harbormaster approval) ,............................................ 36. 75 38.50
Storage... ........... ...... ...... ............ ,................ .... ........... ...... ....... ............ 78. 75 82.50
Washing and Polishing ...................... .................. .......... ................... ~5--27,50
BOATS, PASSENGER: (needs Harbormaster approval)
1-15 passengers......................,............... .,........................... .............. 112. 00 44,00
16-25 passengers........... ...... .... ............... .......... ................. ........... .,...!j~ 60.50
26-50 passengers ....... .................. ..,............... ........................ ...... ..,... 6& .25 71.50
51-100 passengers .......... ......... ........ ..................... ....... ...... ....... ......... 7&. 7 5 82.50
101-300 passengers ... .... ............................ ............... ......... ....... .,..... 105.00 110.25
Over 300 passengers. ........ ,............. .............. .,........... ....... .......... .... 210.00 220.50
BOOKKEEPING SERVICE ................................................................., 57.75 60.50
BROADCASTING, RADIO AND TELEVISION STATION
OR STUDIO....... ......... ............ ....,............ .,........ ....... .... ............. ........... 115.50 121.25
BROKER, each
Broker, mortgage (see note D)..........................,............................... 57.75 60.50
Ordinance 6498-00
027.020
027.030
027.040
027.050
Broker, merchandise. .,......,. .......... ..,. ............. .....,. .........,............ ...... 57. 75 60.50
Broker, stocks, bonds, etc., dealer .................................................. 173.25 181.75
Broker, stocks, bonds, etc., individual............................................l-15.50 121.25
Broker, real estate (see note D)...............................,......................... 57,75 60.50
Plus for each additional salesperson.........,.................................... 26.25 27.50
028.000
BUSINESS ADVISORY SERVICES, NOC....................................... 115.50 121.25
029.000
(Reserved)
030.000
BUYERS CLUB .. .... ........... ....... .,............... ....... .......... ........... .,. ....... .... 105.00 110.25
031.000
CATERER......... .... .................... ............... .......... ... ......................... ......... 57. 75 60.50
032.000
CEMETERY/CREMATORIUM ......................................................... ~ 220.50
033.000
033.010
033.020
033.030
CLEANING, PRESSING AND DYEING
Plant......................,.......................... ... .... ............ ........... ......... ......... 1-83 .7 fj. 192.75
Branch/collection, each............... ....... .... ..... ............... .... ...... ............. 57. 7 5 60.50
Self service or hand laundry ...............,............................................. 68.25 71.50
Plus, per machine................... ....,..................... ................................ 1.00
Carpet cleaning on-site......... ............. ....... ....... .....,. ....... .,......... ........ 57. 7 5 60.50
033.040
034.000
COIN AND/OR 8T AMP DEALER (see note B) .................................. 57.75 60.50
035.000
035.010
035.020
035.030
035.040
035.050
035.060
COMMERCIAL RECREA TION/ENTERT AINMENT, NOC .......... 420.00
Dealer or lessor of amusement machines ..........,..,......................... 115.50
Miniature golf ..... .................. ....... ....... .,. .... .......... .......... ........... ........ 57. 7 5
Per game/machine/ride (excluding dealer) ........,....................,......... ~5
Entertainer (each) ................................ ................. .......... ....... ............ 57. 7 5
Skating rink, shuffleboard, archery range or golf course ............... 115.50
Billiard parlor .......... .......... ........ ....... ... .............. ... ..,. .......... ........ ....... 73. 50
Per additional table..... ..................... .,............................................ 10. 5 0
(Reserved)
Theaters, with up to 1 SO seats............. .,............ .....,........ .......... ..,... 262. 50
Theaters, with 150 or more seats ...........................,..,..................... 577.50
035.070
035.080
035.081
441.00
121.25
60.50
38.50
60.50
121.25
77.00
11.00
275.50
606.25
036.000
CONSULTANT, NOC ..... ........................ .... .,........... .........,................... 78. 78 82.5Q
037.000
037.010
037.020
037.030
CONTRACTORS, GENERAL CONSTRUCTION:
Class "A" general (see note D) ....................................................... 262.5Q 275.50
Class "B" building (see note D) .......... .... ........................................ 183. 75 192.75
Class "c" residential (see note D) .................................................. 105.00 110.25
038.000
CONTRACTORS OR SUBCONTRACTORS (NOT GENERAL)
038.010
Acoustics .............................. .... .,..... ........................ .............. .,................ 57. 7 f) 60.50
Ordinance 6498-00
4
038.020
038.021
038.022
038.030
038.040
038.050
038.060
038.070
038,080
038,090
038.100
038.110
038.120
038.130
038.140
038.150
038.160
038.170
038.180
038.190
038.200
038.210
038.220
038,230
038.240
038.250
038.260
038.270
038.280
038.290
038.300
038.310
038,320
038.330
038.340
038.350
038.360
038.370
038,380
038.390
038.400
038.410
038.420
038.430
038.440
038.450
038.460
038.470
Air conditioning contractor, Class A (See note D) ........................ 157.50
Air conditioning contractor, Class B (See note D)......................... 105.00
Air conditioning contractor, Class C (See note D)........................... 73.50
Alarm systems specialty (See note D)....,......................................... 57. 75
Aluminum (See note D) ........... ............. ........... ..................... ...... ...... 57. 75
Awning, shades and blinds ...................................................,........... 1J7.:25
Boil er .... ... . ... ... . ... ... . ... ... . ... . .. . ... . .. . . .. . .. . .. . . . , . .,. . .. . .. . . .. . . .. . .. .... .. . . .. . . .. . .. ... 5 7. 7 5
Carpentry (See note D) ..................................,.................................. 57.75
Cabinetry and millwork ... .... ....... .............................................. ........ 57. 7 5
Communication systems specialty (See note D) ............................. 57. 75
Demolition, building (See note D) ................................................... 57.75
Dred ging...........,................................. ... .....,. .;.. ................................. 57. 75
Drywall (See note D) ....... ........... .............. ........,.................. ............. 57. 75
Electrical (see note D)...... .... .......... .....,. ....... .......... .................. ....... 157.50
Excavating, including filling, grading, and land clearing ........,....... 57.75
Elevator (See note D)... .... .... ......... ................... .......... ............. .......... 57. 7 5
Exterminator (See note D) ,..... ................................................. ......... 57. 75
Fence erection (See note D)..................................................,........... 57.75
Fire sprinkler system, building (See note D).................................... 57.75
Flat work masonry specialty (See note D) .. ........................... .......... 57. 7f>
Floor covering, laying, sanding, finishing...... .... .......... .................... 57. 75
Gas, natural (See note D)........................,......................................... 57.75
Gas, liquid petroleum (See note D) .................................................. 57.75
Garage door and operator installation (See note D)......................... 57.75
Glass and glazing (See note D).....................,................................... 57.75
Gunite and sandblasting.,. .......... ............... .................... ........... ......... 57. 75
Hauling, trucking or moving ......... ... .... ....... ........................ ............. 57. 75
House-llloving (FDOT) .... .............. ... .... .,. ....... .... ............. ................. ~
Installation, NOC .............................. ..................... .................... ....... 57. 7 5
Insulation.............,. .......................,........ .,............... .................. ......... ~
Irrigation systems specialty (See note D) ......................................... 57.75
J . . I . C"7 ...,-
anltona servIce.. ........ ....... .... ..................... ....... ............. ................. ~~
Landscaping/tree surgery........... .....,.......................................... ....... 57. 7 5
La\vn, yard and garden care .............. ....... ....... .... ..................,........... 36. 7 5
Low voltage systems specialty (See note D).................................... 57.75
Maintenance work (NOC) ...... ................................... ....................... 57. 7 5
Marble setting includes tile (See note D) ................,........................ 57.75
Marine specialty (See note D) .......................................................... 57.75
Mechanical contractor (See note D) ............................................... 157.50
Mobile home setup specialty (See note D),.........,............................ 57. 75
Ornamental iron \vork.. ........................ ............................................. 57. 7 5
Painting - including paperhanging (See note D) .............................. ~~
Paper-hanging (only) ................. ..................... .................................. 57. 7 5
Partitions, movable .......... ....... .......................................................... 57. 7 5
Paving (See note D) .......................................................................... 57.75
Pile driving (See note D) ........................................,......................... 57.75
Pipeline (See note D) ............................................. ........................... 57. 7 5
Plaster and stucco special ty (see note D).... ........... ............. .............. 57. 75
5
165.25
110.25
77.00
60.50
60.50
49.50
60.5 0
60.50
60.50
60.50
60.50
60.50
60,50
165.25
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
60.50
38.50
60.50
60.50
60.50
60,50
165.25
60,5Q
60.50
60.50
60,50
60.50
60.50
60.50
60.50
60.50
Ordinance 6498-00
~l ,"'~" "",_,'."f~. H:,';- ~'.!":.,'v,:"""",,,..-;,t....v.: ;":: "'_1.. .../'...1., ,:n "'< '.....~ ,".... '.",(~''''~:~~'.\ :...".': .\:.:..t.'.... ":.' _y, ',-/' , ."~t.,'.,..t'\..:/....f
038.480
038.490
038.500
038.510
038.520
038.530
038.540
038.550
038.560
038.570
038.580
038.590
038.600
038.610
038.620
038.630
038.640
038.641
038.642
038.650
038.660
038.670
038.680
038.690
038.700
038.710
038.720
Plumbing (See note D). .............................................. .... ................. 157.50 165.25
Pollutant storage systems; gasoline, oil, etc (See note D)................ 57.75 60.50
Pressure cleaning...... .... .,.. ,............ ....... .... ........ ...... ........................... 57.75 60.50
Pre-stressed precast concrete specialty (See note D) ........,.............. 57.75 60.50
Refrigeration, commercial and industrial (See note D) ................... 57.75 60.50
Reinforcing steel specialty (See note D) ......,................................... 57.75 60.50
Roofing (See note D) ... .... ....... ........ ................ ..... ............................. 57.75 60.50
Septic tank/sewer cleaning... .............. ..... ..... .... ......... ........... ............. 57.75 60.50
Sheet metal (See note D) .................................................................. 57.75 60.50
Shutter and opening protectives (See note D) .................................. 57.75 60.50
Signs - electrical (See note D) ...........................................,.............. 57.75 60.50
Signs - nonelectrical (See note D) ................:.............................,..... 57.75 60.50
Solar (See note D) .................................,.......,................................... 57.75 60.50
Steel reinforcing (See note D) ..............,........................................... 57.75 60.50
Structural masonry specialty (See note D)..........,............................ 57.75 60.50
Structural steel (See note D) ............................................................. 57.75 60.50
Swimming pool, resi.dential (See note D) ..............,......................... 57.75 60.50
Swimming pool, commercial (See note D) ...................................... 57.75 60.50
SwiIlh'11ing pool, service and maintenance (See note D) ................. 57.75 60.50
Tile and marble specialty (See note D) ............................................ 57.75 60.50
Undergrolmd utility (See note D) ...............................,..................... $7.75 60.50
Veneer specialty (See note D) ...,.............,...,.........,......................... 57.75 60.50
Water softener installation and service............................................. 57.75 60.50
Welding (requires certification) ........ .......... ..,.........,......................... ~ 60.50
Well drilling (Requires certification from SWFWMD)................... 57.75 60.50
\Vindow cleaning. ....... .... ....... ....... .......... .......... .... ........ .,.................. 36.75 38.50
Wrecking and dismantling (other than building) ............................. ~ 60.50
039.000
COSTUME OR CLOTHING RENTAL................................................ -17.25 49.50
040.000
040.010
DATA PROCESSING CONSULTANT/PROGRAMMER .................18.75 82.50
Data processing software ........................ .,....................... .......... ....... 57.75 60.50
041. 000
DA TINGIROO~1MA TE SERVICE (See note B) .................,............. 115.50 121.25
042.000
DECORATOR, INTERIOR ..,........ .... ..........,.................... ...................., 57.75 60.50
043.000
DELIVERYIMESSENGER SERVICE (includes first vehicle)............ 57,75 60.50
Plus, per each additional vehicle .........,....,....................................... 21,00 22.00
044.000
DESIGNER, INDUSTRIAL (See note D) ............................................. 57.75 60.50
045.000
DISC JOCKEY, FREE LANCE......................................,...................... 57.75 60.50
046.000
DIVER.. .............. .... .,........ .,...,. .... ............................... .... ....... ............. ..... 52.50 55.00
047.000
DRAl~TSMAN .......... ........... ...... ..... .,..... ...... .... ........... .......... ... ............... 78,75 82,50
6
Ordinance 6498-00
t..,.. "" ~:..'..;:....~.r~" '#"":"'h; 'i .t;' ,i.'f' .'. "~", ....~ '.t..'.\~.!.lJ: ....::. .,'.....:'.-;'1 (." ,'d.' "J "ft. ":~I"'~'::,"'".
048.000
ELECTRIC POWER COMPANy....................................................... 157.50 165.25
049.000
049.010
EQUIPMENT RENTAL, small tools or appliances .............................. 57.75 60.50
Equipment rental, large, heavy duty............................................... 115,50 121.25
050.000
FLO RlST......................... ............... ...............,......................................... 57.75 60.50
051.000
FREE SERVICE BUREAU ................................................................... 73.S0 77,00
052.000
FURNITURE REFINISH, REUPHOLSTER, CLEAN
AND REPAIR. ....... ........ ..............,. ....... ,.................. .......... ..................... !j":J, 7 5 60.50
053.000
053.010
053.020
053.030
053.040
053.050
053.060
GROUP CARE FACILITIES
Congregate care (21 or more clients) ............................................. 157,50 165.25
Convalescent/nursing home..... ............. ........... ........ ...... ...... ........... 157.50 165,25
Family care home (1--6 clients)........................................................ 36.75 38.50
Group care, level I (7--14 clients).............................................,....... 47.25 49.50
Group care, level II (15--20 clients) ................................................. 73.50 77,00
Group care, level III (1--20 - special treatment)................,.............. 89,25 93.50
054.000
GUNS (See note B; requires federal firearms license), dealer,
includes repair ....................................................................................... -l-~ 121.25
055.000
HEARING AID, AGENT OR DEALER................................,.............. 6&.25 71.50
056.000
HOSPITAL ........... ...................... ............. ......................................... ... 23 1.00 242.50
057.000
INCOME T~"X PREP ARER .................................................................. 57. 7~ 60.50
058.000
058.010
058.020
058.030
058.031
058.040
058.050
INSURANCE
Per each company, class, and type of insurance............................... 7&.75 82.50
Adjuster .... ....... ................... ..... ............. ...... ....................................... ~ 71.50
Agency (includes 1 principal, owner, manager or agent) ................ 57,75 60.50
Plus, per agent ................ ...... ...................... ................................ ....... 26,25 27,50
(Reserved)
Agent, independent ............ ........ .......... ......... .................................... 78. 7.!j 82.50
059.000
059.010
ITINERANT OR PERMANENT, KNIFE TOOL SHARPENER..,..... 26.25 27,50
Itinerant, agriculture peddler.,........ ............ ,...................,.................. ~ 6. 75 38,50
060.000
KINDERGARTEN, NURSERY OR
DAY CARE (See notes Band D)........................................................... 17.25 49.50
061.000
LABORATORY (includes dental, medical, research, analytical, photo,
chemical testing, etc.) ................... ....... ......... ........... ................................ 81.00 88.00
Plus, per employee ............................................................................ 21,00 22.00
062.000
7
LAl'.ID DEVELOPERS......................................................................... 115.50 121.25
Ordinance 6498-00
063.000
LECTURER AND INSTRUCTOR, .......,...,.......................................... 73.50 77.00
064.000
LOAN, FINANCE OR
CONSUMER DISCOUNT COMPANY (See note D)........................ 262.50 275.50
MERCHANT OR MERCHANDISING:
(See note B for sale of used merchandise)
Inventory value $1,000.00 or less...,................................................. 36.75
Over $1,000.00 but less than $2,000.00........ .......... .... ... ....... ....... .... ~ 7.25
Over $2,000.00 but less than $3,000.00........................................... 57.7fJ.
$3,000.00 and over ...................,.................. ....... ............................... 57. 75
Plus, per $1,000,00 or any fraction thereof over $3,000........ ......... ~
Mobile tool sales ............................................................................. 115.50
Antiques, used merchandise (See note B)........................................ 57.75
Merchant, temporary permanent/location ,....... .............. ........... ....... 52. 50
Merchant, itinerant, permanent/location. ................. ......, ....... .... ,.... 157. 50
Merchant, show or flea market, per exhibitor, includes
food vendors, per event/show... .............. .......... ........... ....................... ~ 8.90
Downtown convention/exhibition center... ...... .......... ...,... ........... ;:;'150. 00 3307.00
Hardware Store or Lumber Yard with an inventory value less than
$100,000,00....... .....,. .., .... .......... ...................................... ,............... ;!.OO. 00 210.00
Merchant, ice cream tnlck (See notes Band D)-----u---------------- ..... 50.00
065.000
LOCKSMITH (See note B) ..................,................................................. 47.25
066.000
MAIL ORDER ESTABLISHMENT ..................................................... 57,75
067,000
068.000
tvrAILING, PACKAGING, ADDRESSING, FAXING ........................ 57.75
MANUFACTURING, FABRICATING,
PROCESSING, COMPOUNDING
1 employee (including owner) ..................,....................................... 47.25
2--4 employees (i.nc1uding owner) ............,........... ....... .......... .... ....... ~~
5--10 employees (including owner).................................................. ~
11--25 employees (including owner)... ....... .......... .... ............. ......... 115.50
26--50 employees (including owner)........,..................................... 173.25-
51--100 employees (including owner)......,..............................,...... 231.00
101--500 employees (including owner) ......................................... 262.50
Over 500 employees (including owner) .................. .... .......... ......... 130,50
068.010
068.020
068.030
068.040
068.050
068.060
068.070
068.080
069,000
069.010
MASSAGE establishment (See note D and Chapter 9) ...................,..... ~g.
Massage therapist, each (See note D and Chapter 9)....................... 36,75
070.000
070.010
070.020
070,030
070.040
070.050
070.060
070.070
070.(;~0
070.09D
070.100
070.11 0
070.120
071. 000
071.010
071.020
Mobile homes
Dealer (new or used) sales and service........................................... 115.50
Park, rental............ ........,. .......... ....... ........................... ...................... 73. 5G
Plus per space over 25 ............... ....................................,................. ~
Transport service (if independent of city licensed dealer or
071.030
8
49.5Q
60.50
60.50
49.50
71.50
99.00
121.25
181. 75
242.50
275.50
452.00
66,00
38,50
38.50
49,50
60.50
60.50
4.70
121.25
60.50
55.00
165.25
121.25
77.00
3.60
Ordinance 6498-00
manufacturer)._ t.. .t. ........... .t. ... .... .......... .... ...... ................. .... ... ........ ... 68.25 71.50
072.000
072.010
MOTORCYCLE, dealer ........ ...... ..,. .......... ....... ... ........................ ........... 81.00 88.00
Motorcycle, scooter or bicycle rental.. ....... ....... ... ....... .... .,. .......... ... ........ 57. 75 60.50
073.000
MOVING, TRANSFER COl'v1P ANY (See note B),.............................. 91.50 99.00
074.000
MUSIC MACHINES/JUKE-BOX,
COIN OPERATED: (not amusement or vending machines)
Dealer or lessor ..........................................,.................................... 115.50 121.25
Operator or lessee, each machine ..............' ..........................,........... 36.75 38.50
074.010
074.020
075.000
075.010
075.020
075.030
NEWSPAPER, PERIODICAL OR NEWSLEITER:
Less than 6 issues per weck.........,.................................................... 78.75 82,50
6 Or more issues per week.,................,........................................... 231.00 242.50
Agency or bureau.............. ..................... ...... ...............,................... 115.50 121.25
076.000
NURSERY, PLANTS (See note D) ....................................................... 57. 75 60.50
077.000
077.010
077.020
PATROL~ NIGHT PATROLMAN, OR PRIVATE WATCHMAN:
Fil111 (See note B).....,. ....... .,........... ........ .......... .... ............. ................ ~g. 7'3 82.50
Individual (See note B) ........ .... ....... ....... .......... .......... .......... ....... ...... 36. 75 38.50
078.000
PAWN BROKER (See note B) ..........,................................................. 3'16.50 363.75
079.000
079.010
PETROLEUM PRODUCTS, wholesale.............................................. 231.00 242.50
Petroleum products, deliver/sale, includes LP ............................... 115.50 121.25
080.000
PHOTOGRAPHY (See note B) ..........................,.................................. 57.75 60.50
081.000
PIANO TUNEr<. ...... ...........,........ .,. .... .......... .......... ............,. ....... .,.... ...... 26.25 27.50
082.000
PLATING OR ANODIZING, METAL ................................................. 57.75 60.50
083.000
PRINTING, PUBLISHING, ENGRAVING, LITHOGRAPHING AND
BINDING (includes blueprinting services)................................................. 63.00 66.50
084.000
084.010
084.020
084.030
084.040
084.041
084.050
084.060
084.070
084.090
084.100
PROFESSION (per licensee and per location)
Accountant (See note D if CPA) .................................................... 105.00 110.25
Architect (See note D) .......... ............,. ... ....... .,.. ....... ......... .... ..,....... 105. 00 110.25
Attorney (See note D) ....................,................................................ 105.00 110.25
Chiropractor (See note D)............................................................... 105.00 110.25
Counselor/social worker (See note D)................................,............. 78.75 82.50
Court reporter. ....... ...... ....... ........................ ....... ............. ....... ............ 78. 7 5 82.50
Dental hygienist (See note D) .........................,................................. 78.75 82.50
Dentist (See note D).........................................................,.............. 105.00 110.25
Designer, interior (See note D) ....................................................... 105.00 110.25
Embalmer/funeral director/undertaker (See note D)...................... 105.00 110.25
Ordinance 6498-00
9
084,110
084.120
084.130
084.140
084,150
084.160
084.1 70
084.180
084.190
084.200
084.210
084,220
084.230
Engineer (See note D) ..................................................................... 105.00 110,25
Homeopathic physician ..... ...... .......... .............. ..... ........ .................. 105.00 110.25
Occupational therapist (See note D) ............................................... 105.00 110.25
(Reserved)
Optician, including sale of lenses and frames (See note D)........... 105.00 110.25
Optometrist (See note D) .......................................,.............,.......... 105.00 110.25
Reserved
Physician (See note D).................................................................... 105.00 110.25
Physiotherapist (See note D) ...............................................,.......... ,105.00 110.25
Profession, NOC ..... ........................ .............,........................., ........ 105.00 110.25
Psychologist (See note D).... ...... ........... ...... ..... ............................... 105.00 110.25
Surveyor (See note D)............. ..... ...... ......... ............. ....................... 105.00 110.25
Veterinarian (See note D) ....... ...................... ................ ............,..... 105.00 110,25
085.000
PROMOTER/PROMOTIONS
(See note B)(1f temporary, per event) ......................... ...................... .,.. 210.00 220.50
086.000
RAILROAD ............... ..... ............ ..... ..... ... ......... ............. ..... ...... .... ."..... 236.25 248.00
087.000
RECORDING STUDIO .....,..................,..................,............... .... .......... 57, 75 60.50
088.000
REFUSE COLLECTION AND
DISPOSAL SERVICE (See note B and Sec 32.292 City Code)......... 236,25 248.00
089.000
089,010
089.020
REFUSE MACHINE, COMPACTING AND/OR BINDING:
O'vvner or lessor.... ..... ............,. ...................... ........ .......................... 2~1.00 242.50
Operator or lessee............................................................................ 105.00 110.25
090,000
090.010
RENTAL, NOC (See note B) ................................................................. 57.75 60,50
HaIVfacility/property, nonresidential use (See note B) ,................. 105.00 110.25
091.000
RENTAL, UNITS (2 or more)................................................................ 26,~5 27.50
Plus, per unit over 5 ............................................................................ g.Q 1.55
092.000
REPAIR AND SERVICE, NOC (includes handyman) ......................... 17.25 49.50
Plus, for each employee (other than owner)..................................... 10.50 11.00
093.000
093.010
093.020
093.030
093.040
093.050
093.060
093.070
093.080
093.090
093.100
RESTAURANT (See note D; and Note B for alcoholic beverage sales)
1--10 seats. ................................................. ................ ........ ........ ....... 36. 7 5 38.50
11--25 seats....................................................................................... '5-7. 7 5 60.50
26--50 seats ..................................................................................... 115,50 121.25
51--100 seats ..,.............,.....................................,............................ 173.25 181.75
101 or more seats ... ................ ....................... ............... ................... 231. 00 242.50
Snack bar, soda fountain ............................ .....,....... ..... ...... .... .... ....,.. 17.25 49.50
Concession stand/vendor, per location or unit ................................. 17.25 49.50
Canteen wagon or truck, per mobile unit ......................................... 52.50 55.00.Drive-in or drive-through/take out or delivery .....,...........................1&. 75 82.50
NightcIublbar/tavem/cabaret/lounge (See note B; see adult use
10
Ordinance 6498-00
. " ,(', ., ", J ' . .. '. \, '., :' . : " .' , J' . I J i , r" ' .
093.110
entertainment; see commercial recreation/entertainment,
entertainers).. ........... .................. ............... ..................... ........ ...... .... 231.00 242.50
Dancing area. .....,.................. .... ... ..................... .................... ............. 17.25 49.50
094.000
SCHOOLS - TRADE, STUDIO AND INSTRUCTION (See note D; also
see note B for dancing or charm schools).......................................,....... 57.75 60.50
095.000
SECRET ARlAL SERVICE (includes stenographers)........................... 57.75 60.50
096.000
SEWING (DRESSMAKER, SEAMSTRESS, TAILOR, etc.) .............17.25 49.50
097.000
SHOE REPAIR (OR BOOT BLACK STAND):................................... fj7.25 49.50
098.000
SITTING - HOUSE, PLANT, PET (See note B)....................,............., 52.50 55.00
098.500
SPECIAL EVENTS - CITY SPONSORED,
Per day, per exhibit ...............................................................,............. ~ 1.05
099.000
099.010
099.020
STORAGEIW AREHOUSING
Indoor, per 1,000 square feet (minimum $SO fee).............,......,....... 10.S0 11.00
Outdoor, per 1 ,000 square feet (minimum $SO fee)........................ ~hOO 22.00
100.000
T A TIOO PARLORS (See note D and Florida
State Statute 877.04) ............................................................................. 105.00 110,25
101.000
TAXICAB COMPANY, includes first vehicle
(See notes-B and Chapter 2S)......,.. ....... ........ .................. .... ....... ....... ...... 57. '7 5
Plus for each additional vehicle ............................................,........... 21,00
60.50
22,00
102.000
T AXIDERl\.1IST ..... ..............,.................. ......... ................ .... ,.. .,. .,........... 47.25
49.S0
103.000
103.010
103.020
103.030
103.040
103.050
TELEPHONE AND TELEGRAPH
'relephone, cOlnpany............ .,............... ..................... ........,............ ~3 6.25
Each branch office ............................................................................ 31.50
Telephone, business, private {includes 900 service; see note B) ...,. 57.75
Telephone, solicitation (See notes B and D) ..................................,. 57.75
Telephone, answering service..... ............ ................................ .......... 57, 75
248,00
33.00
60.50
60.50
60.50
104.000
TOILETS, PORTABLE SERVICE ...........................................,......... 105,00 110.25
10S.000
105,010
105.020
TRAILER, CARGO (for boat trailers, see boats)
Trailer, cargo, sales and service........................................................ 57.75 60.50
Trailer, cargo, rental........ ............ ........ ......... ............. .... ...... ..,. .......... 17.25 49,50
106.000
TRANSIT OR READY-t\1IX CEMENT AND CONCRETE ............ 231.00 242,50
(This license required of any distributor making deliveries and/or sales within city limits,
regardless of location of plant.)
11
Ordinance 6498-00
-::,'," ._'\, "..::...._-_:~~ ,; ",..;. ~I ;,;:\.-:.,_:~~:.:::....:.~~'.t .. ..... ,~~,"'\x.' 'I
I'';'' ,,', ,'( I" " . \4 ':'. 'l" '.; ~'l.t'\ "'.;1 .....',;'~'" II, ..~, ~ ~.. " I,:", t . ~< . If" , ' ~
107.000
TRANSPORTATION SERVICES (bus station - interstate, chartered,
limousine, sightseeing) (See chapter 25; see note B) ................................. 220.50 231.50
108.000
VACUUM CLEANER SALES AND SERVICE.................................. 57.75 60.50
109.000
VALET PARKING ..... ................... ....... ...... ........ ........ ......... ................... 52.50 55.00
110.000
110.010
110.020
VENDING MACHINES (excluding amusement, music machines, cigarette or
stamp machines)
Dealer or lessor .............. ......... .... .... ..... ........ ............ ............. .,.......... 57.75 60.50
Operator or lessee, per machine....................:................................... 10.50 11.00
111.000
VIDEO OR FILM RENTALS.......... ................................................ ...... 57.75 60.50
112;000
WRECKING yARD............................................................................. 231.00 242.50
113.000
UNCLASSIFIED, every business occupation, profession or exhibition, substantially fixed or
temporarily engaged in by any person within the city and for which no license has been
ordained and not herein specifically designated (See note B).............. 115.50 121.25
OTHER RELATED OCCUPATIONAL LICENSE FEES/CHARGES:
The DUPLICATE LICENSE FEE shall be $15.
The MINIMUM occupational tax shall be $25.00.
PENALTY, DELINQUENT AND ADMINISTRATIVE FEES:
The PENALTY FEE (operating prior to obtaining a license) shall be equal to 25 percent of the established fee.
The DELINQUENT FEE shall be ten percent for the month of October plus five percent for each month of
delinquency, not to exceed 25 percent of the established occupational license tax.
In addition to penalty fee, the administrative fee shall be two times the normal fee with a maximum of $250.00
per license on accounts not paid by January 3151 following the renewal notice
The REGISTRATION FEE shall be $25.
A TRANSFER FEE shall be up to 10% of the annual license tax but not less than $3 or more than $25.
Notes:
A.
Requires approval by the city commission.
B.
Requires city police department reconID1endation. 1he applicant shall complete a background
information report, executed under oath, and shall submit to a background investigation,
photograph, and fingerprints, The recomn1endation shall be based upon the criteria set forth in
section 29.41 (6) and shall include a statement of the facts upon which the recommendation is
Ordinance 6498-00
12
.' , ".1;: l~ '" ~,~ < .-,
based.
c. RESERVED
D. Requires inspection, approval or license of state or county authority.
NOC - Not otherwise classified.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Attest:
Leslie Dougall-Si s
Assistant City Attorney
Cynthia E. Goudeau, City Clerk
13
Ordinance 6498-00
.1 ~,~ ! ,1.' .'~~1;'":"-,,,,;,,.-'-' "~ l......l~.., 1~',_""If~'.~., (''I .... :,.~,I',~ '(,i'll". ~~,r~:~:'\~~'ill'" : -F"-.:'..'ll"I'~ :,',:}.~ll~"...""~"> ','.,..y.~
If
Clearwater City Commission
Agenda Cover Memorandum
WOIksession Item #:
Final Agenda Item ~3
Meeting oat~ ' go. ()()
SUBJECT /RECOMMEN DA liON:
Pass on first reading Ordinance 6499-00, revising appendix A, Building Permit Fees, code of ordinances.
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
In 1996, the City Commission approved adjustments to the building fee schedule, which generated an
approximate 5% increase ($45,000) in the projected revenues for fiscal year 1996/97. Enhancements to the
permitting fees are allowed by ordinance and routinely done to cover programs and services,
An increase in bui Iding permit fees is now being proposed. Attached is a comparison of the city's current and
proposed fees with Pinellas County, City of 51. Petersburg and the City of largo. This fee enhancement will
allow us to accomplish the following:
. Raise the level of customer service, including On-Site One-Stop Service with a Self-Help Area for
Building and Inspections Customers (to include computer, copier, ete.)
. Ensure code compliance with the new Community Development Code
. Collection of legitimized data (performance measurement benchmarks)
The list above is dependent on proposed resources and new personnel to bring us to the desired level of
service in the city which is in a state of active redevelopment (costs involved with new personnel and
resources are addressed in a separate item on this agenda). The proposed adjustments amount in an
approximate 5% increase, which will generate at least $60,000, in our projected revenues for fiscal year
99/2000. This estimated figure is based on the review of historical data for the last three years of revenues.
Taking into account projected growth rates for.building fees with active redevelopment which is occurring in
the city, staff anticipates an additional $24,600 above the approved budget, for a total of $84,600 off
unanticipated revenues above the approved budget.
Staff recommends approval of the attached ordinance to increase building fees by approximately 5% as
proposed. The request for approval of the additional personnel is addressed by separate agenda item.
Reviewed by: Costs
Legal ~.L Info Srvc N/A Total
Budget ~ Public Works N/A Funding Source:
Purchasing DCMlACM Current FY CI
Risk Mgmt N/A Other N/A or
Other
Comparisons
Submitted by: o None
City Manager "-- - A fO riation Code:
Printed on recycled paper Rev. 2/98
>'
DEVELOPMENT SERVICES
PROPOSED BUILDING PERMIT FEE INCREASES
COMPARISONS
7 CASE SCENARIOS
~
Office remodeling. 980 square feet
$2.487 value of work
Building and electrical work
Current Proposed Cost Increase Pinellas 5t. Largo
Coun Petersbur
Combination $103.00 $105.50 2.4% $127.40 $122.25 $ 52.00
Plan Exam 49.00 50.50 3% 19.60 35.00 26.00
Total $152.00 $156.00 2.6% $147.00 $157.25 $178.00.
~
Office remodeling - 1,000 square feet
$5.000 valuation of work
Bunding. electrical, and plumbing work.
Current
Proposed Cost Increase
Pinellas
Coun
$180.00
20.00
$200.00
St.
Petersbur
$186.25
35.00
$221.25
$60.00
30.00
$190.00.
Largo
Combination
Plan Exam
Total
$145.00
55.00
$200.00
$148.50 2.4%
57.50 4.5%
$206.00 30/0
CASE ~
Mechanical. 2,000 square feet (Commercial)
$34 75 valuation of work
Mechanical work
..
Current
Proposed Cost Increase
Pinellas
Coun
$100.00
N1A
$100.00
$60.00
NlA
$60.00
St.
Petersbu~
$55.00
N/A
$55.00
Largo
Combination
Plan Exam
T olal
$54.00
N/A
$54.00
$56.00 4%
N/A NlA
$56.00 4%
FEE COMPARISONS
CAlU
Townhouse · 1,280 square feet
$64,282 valuation of work
Building. electrical, plumbing, mechanical, and roof work.
Current
Combination
Plan Exam
Total
$550.00
80.00
$630.00
CASE 5
Swimming Pool
$14,340 valuation of work
Swimming Pool
Current
Combination
Plan Exam
Total
$120.00
30.00
$150.00
Proposed Cost Increase
$583.50 6%
81.00 1%
$664.50 5.4%
Proposed
Cost
Increase
6%
3.3%
5.6%
$127.50
31.00
$158.50
CASE 6
Remodeling existing house - 1,056 square feet
$4 7,604 valuation of work
Building, electrical, plumbing, mechanical. and roof work.
Current Proposed Cost
Increase
Combination $448.00 $473.00 5.5%
Plan Exam 63.00 64.00 1.5%
Total $511.00 $537.00 50/0
.
FEE COMPARISONS
Pinellas
Coun
$371.20
25.60
5502.80
PineJlas
Coun
$50.00
N/A
$50.00
PineJlas
Coun
$306.24
21.12
$327.36
st.
Petersbu
$682.50
20.00
$702.50
st.
Petersbur
$159.00
20.00
$179.00
51.
Petersbu
$512.00
76.80
$588.80
largo
$335.00
167.50
$602.50*
largo
$97.00
48.50
$145.50
largo
$229.00
114.50
$443.50.
< "', ~,"; ,
~
Tent Permit
20 It. X 40 fl
20 ft. X 50 ft.
, " ~. ." '.. 'i. . .'.: .
Current
Proposed
Cost
Increase
14%
14%
Pinellas
Coon
$40.00
$50.00
51.
Petersbu
$57.00
557.00
$35.00
$35.00
$40.00
$40.00
*Includes $100 Fire Inspection Fee for Largo
r'EE COMPARISONS
Largo
$50.00
$50.00
_... 1 ;;, ~ , ""',' . ,< : ..' 'H . I ~ " .,' , ~ .'.' ,... :. ~ < j' ,t '. '<, 'l I' .. 'n",' ,":, * "', J ',< '\.... .
ORDINANCE NO. 6499-00
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO THE BUILDING AND DEVELOPMENT REGULATIONS;
AMENDING APPENDIX A, SCHEDULE OF FEES, RATES AND
CHARGES, RELATING TO SECTION 47.084(4); PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Appendix A. Schedule of fees, Rates and Charges, Code of Ordinances, are amended to read:
APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES
* * * * . *
V. BUILDING AND BUILDING REGULATIONS
Pennit fees and charges.
(1) Permit fees and charges, in general; exceptions:
(a) Permits are generally not required for carpeting, painting, wallpapering, paneling over existing walls, and
tile nor where the valuation of labor, materials, and all other items does not exceed $500.00 and the work
D:'" operation is of casual, minor, inconsequential nature, and does not violate any city codes or ordinances,
or is exempt pursuant to Chapter 75-489, Laws of Florida (Special Acts), Section 25.
(b) Valuation for all construction shall be based on the contract value. The current Southern Building Code
Congress International's valuation tables may be used if no contract is submitted with the permit
application.
(c) VVhere no permit fee is stated, the same shall not be interpreted as an intention to waive any requirement
for a permit or fees for a permit that may be stated elsewhere in the city's Code of Ordinances.
(d) Prior to starting any electrical, gas, plumbing, mechanical, roofing, or other work under a combination
permit, the contractor or the subcontractor engaged to do the work shall file with the Planninq and
Development Services Administration Gefltral Permitting Dcp:lrtment a form showing the name and
certification number of the subcontractor, the subcontractor's occupational license number, the
combination permit number, the job address, and other related information as may be required by the
Planninq and Development Services Administration GeRtral Permitting Dep:lrtmeRt. Failure to file such
form or provide such information shall be cause for the refusal of inspection services, and the issuance of a
correction notice with, the appropriate fee.
(2) Fee Schedule. In the case of reviews, inspections and similar activities associated with building and related
codes requiring a permit, the following schedule of fees shall apply:
(a) Plans examination fee:
1. Multifamily and commercial, based on construction valuation of:
a. $100,000.00 or less
Plus, per $1,000.00 of value or fraction thereof
b. Greater than $100,000.00 but not exceeding $500,000
Plus, per $1,000.00 of value or fraction thereof
c. Greater that $500,000.00 but not exceeding $1,000,000.00
Plus, per $1,000.00 of value or fraction thereof
d. Greater than $1,000,000.00
Plus, per $1,000.00 of value or fraction thereof
$ $ 40.00
$ 3.50 $ @.Q
$ $ 340.00
$ 2.50 $ ~
$ $1140.00
$ 2.00 $ ~
-$ $1890.00
$ 1.50 $ ~
ORDINANCE 6499-00
. ~ _' ..:"~' ,',' : ~'. ",...~,' '_~'. ~ ':::--' ,',r' , ,.,,":,f, :'--. -_T,'";
'~',; !<<' ,. '-':- '" .,......\,1."'- :...'.".,.".. I ';tl. .....;.' I, ,', ,:<. ~".:," 'J~'h,' ,.,' ", /~' ".,( :~..." -'~' ~,~: ''':' '." -:...' . " .,'
$ 53.00 $ aG:OO
$ 16.00 $ 4MQ
$ 26.00 $ ~
$ 53.0Q $ ~
$ 26.00 $ ~
$ 11.00 $ -moo
$ 26.00 $ ~
$ 32.00 $ ~
$ 11.00 $ 4MO
$ 26.00 $ ~J)O
2. One or two-family residential projects
Plus, per $1,000.00 of value or fraction thereof
$ 16.00
$
(b) Plan amendments; Residential, multifamily and commercial
projects:
1. Change to permitted plans, per hour
2. Duplicate permit placards, each
3. Change of contractor, per contractor
4. Review replacement plans, per hour
5. Field reviewed plan amendment
(c) Certificates of occupancy:
1. One or two-family dwelling, per unit
2. Multifamily and commercial, per applicatioo
3, Conditional certificate of occupancy, per condition
4. Replacement or additional copy
a. One or two-dwelling
b. Multifamily and commercial
(d) Special inspections:
1. Change of use or certificate of occupancy inspection per trade-$ 37.00
maximum fee $ 74.00
2. After hours or weekends, per hour, per inspection $ 53.00
Minimum fee, per inspection $
(e) Refunds:
1. Permits under $40.00, unless issued in error by city
2. Work has commenced, or permit is over 90 days old
3. All other permits
$ 4&00
$ 1.00
$ ~~
$ +t1OO
$ ~
$ 100.00
no refund
no refund
refund of fee paid, less $40
(f) Permit fees:
1. Per structure, base on construction valuation of:
a. $100,000.00 or less $
plus, per $1,000.00 of value or fraction thereof $ 6.50
b. Greater than $100,000.00 but not exceeding $500,000.00 -$
plus, per $1,000.00 of value or fraction thereof $ 5.50
c. Greater than $500,000.00 $
plus, per $1,000.00 of value or fraction thereof ---$ 3.50
d. Greater tha:1 $1,000,000.00 $
plus, per $1,000.00 of value or fraction thereof $ 1.9~
$ 30.00
$ ~
$ 630.00
$ a:.oo
$ 2630.00
$ M}O
$ 4130.00
$ .:hOO
2. This fee applies to all types of permits, with an additional costs of $30.00 per trade or permit
type for combination permits. Exception: No additional fees for swimming pools.
(g) Miscellaneous permits:
1. Mobile home, mobile office, construction trailer, sales trailer, ect.
a. Building permit (tie-down and site placement) $ 37.00 $ ~
b. Electrical permit $ 37.00 $ ~
c. Gas permit $ 37.00 $ ~
d. Plumbing permit $ 37.00 $ ~
e. Mechanical permit $ 37.00 $ 3a:-OO
2. Temporary power pole, not in conjunction with combination
permit $ 37.00 $ ~
3. Tent permit (may require electric) up to 20 ft. X 40 ft. $ 40.00 $ 3a:-OO
Tent permit (may require electric) qreater than 20 ft. X 40 ft $ 50.00
4. Demolition permit $ 53.00 $ aG~
ORDINANCE 6499-00
\ . .'. . . '" '" , ~ . ..;, '. , l~ I., ....,.' I~,' ,- I., ~. .
plus, per square foot in excess of 1,000 square feet $ ..:.1Q $ ~
5. House move:
a. Application $ 53.00 $ aMQ
b. Pre-inspection $ 53.00 $ 50.00
plus, per mile outside city $ $ .30
c. Remodeling permit for setting house on lot. see paragraph
(2) (f) permit fees
6. Swimming pool permit, aboveground pool (for all work) $ 37.00 $ ~
7. Zoning verification letter, per letter $ 11.00 $ ~
8. Project research, per hour (not to exceed eight hours
without commission approval) $ 26.00 $ ~
(h) Building official may assess special fees per written policy for.
1. Work not ready fer inspection ( re-inspection fee):
a. First occurrence
b. Second or subsequent occurrence
$ 32.00
$ 80.00
$ 30.00
$ +&00
2. Follow up on permit:
a. Failure to request inspections
b:- Minimum fee
50% of permit fee
$ 37.00 $' ~
3. After -the-fact permit
a. First occurrence $ triple permit fee
b. Second or subsequent occurrence by the same contractor
any job site in city $ (10) ten times permit fee
4. Filing service fee, for notice of commencement
(this is in addition to county clerk's charges)
$ 10.00 $ ~
(i) Permit extensions:
1. Permit expired:
a. Less than 30 days
b. More than 30 days, but less than 90 days
c. More than 90 days (fee based on value of work to be
Completed)
2. Exception, if only finals are needed
No fee
$ 30.00
New permit fee
$ 30.00
(3) As used in this fee schedule, "combination permir means a permit for construction privileges, conditions and
restrictions for two or more trades or permit types, for which proper approval has been granted by the city and for which proper fees
have been paid.
Filing fees for appeals.
(1) Appeal to the construction/flood board of adjustment and appeals
(2) Appeal to the city manager
(3) Appeal to the city commission
$ 130.00
$ 55.00
$ 55.00
$ 125.00
$ 50.00
$ 50.00
ORDINANCE 6499-00
, .'.. . ' . t r I' . .. 0' , ..
Section 2, This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Attest:
Leslie K. Dougall-Side
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
ORDINANCE 6499-00
.~,.
I ,'t! ' ;. .~.,.~'. '~ :"! /:" -# ~t::'" ?~. ~'". ,::... " ( ~ ;:~." '. i'. I _: j.~ '-1' \' / ;, ': '
<\
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting Date:
~
~ . JO . 00
Final Agenda Item #
SUBJECT/RECOMMENDA TION:
Approve four full time equivalent positions (FTE's) for Planning and Development Services
Administration associated with increased services and fees, with an annual cost of $104,600.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
The Planning and Development Services Administration is requesting approval of four additional full time
equivalent positions (FTE's) which are associated with the agenda items for increases in occupational licensing and
building permit fees.
Over the years, the department has had to resort to temporary help in order to meet the demands of the myriad of
issues associated with the services provided. Four full time equivalent positions would enable the department to
become more efficient and effective as our current practice is not cost effective or able to meet customer demands
because of our temporary employees inability to thoroughly deal with the technical issues associated within this
department. Historically, there has been a constant turnover of temporary employees. In the last year alone, the
department found it necessary to hire twelve temporary employees to fill the four positions requested in this agenda
item. We have become a "training ground" generating employee turnover which places significant resource
demands on current FTE employees to nurture, train, and supply the temporary employees.
The fee increases and enhancements will cover the costs of the new positions. This is also being done to bring us to
the desired level of service in the city, which is in an advanced state of active redevelopment. It is conservatively
estimated that revenues will be enhanced due to the anticipated redevelopment through the One City. One Future.
efforts.
To cover the additional costs associated with new personnel and equipment (total estimate: $104,562) which are
directly linked to fee increases, the following revenue enhancements are anticipated for FYOO:
. Occupational Licensing Enforcement Enhancements
. Building Permits 5% Increase
e Building Permit Redevelopment Project Enhancements
(above approved budget)
Total
$20,000
$60,000
$24,600
$104/600
Attached is a breakdown of the costs and programs and cost efficiency analysis for the new positions,
Staff recommends approval of the following 4 new FTE's for the Planning and Development Services
Administration: Staff Assistants (2); and Customer Service Represe a 'ves (2).
Originating D
Planning & eve
User Oept.:
Plan :,~vcs.
Public Works
N/A
N/A
Costs
Reviewed b~: 1
legal ;~
Budget .
Purchasing N/A
Info Srvc
Total
104,600
Funding Source:
Risk Mgmt N/A
N/l>..
Currenl
FY
(I
DCMlACM
Other
A achments
osts/ Programs-NewFTE's
Cost/Efficiency-New HE's
OP X
Other
o None
A ro riation Code:Ol0-01430
, . 4..' ? ..'
~ '\0', . I .
. .
.~",.:'
.... . ~.: ~~ ..:;\'...; .
Lf
COSTS and PROGRAMS
For New Personnel
And Associated Equipment Costs
Staff Assistants (2) -
Housing Code Program (.25 FTE) - Cost involved: $6,713
Records Retention Program (.50 FTE) - Cost involved: $13,426
Building Permits/Occ.Lic.lssuance Program (.25 FTE) - Cost involved: $6,713
Building Inspections Program (.75 FTE) - Cost involved: $20,139
Unsafe Building Code Program (.25 FTE) - Cost involved: $6,713
Total: $53,704
Customer Service Representatives (2) -
Building Permits/Occupational License Issuance Program (2 FTE's) - Costs involved: $50,858
TOTAL COSTS I NVOl VED: $104.560
2
} . " : ~. , ( , -/ , " , ' ,. , 'i '" , ,~.'\. i.,. \.. , 1\' j Jr' ... "" J\' ,\
C ) I< 1- APPOINTMENT WORKSHEET
FOR COMMISSION MEETING January 20, 2000 APPOINTMENTS Agenda #
95
BOARD: Marine Advisory Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT:City of Clearwater
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: David Martens
MEETING DATES: 2nd Wed., 8 am
PLACE: Marina
APPTS. NEEDED: 1
DATE APPTS TO BE MADE: 1/20/2000
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. William Wilhelm
ending 1 st term 1/31/2000
1996
past 11 meetings
present 1 a/absent 1
YES
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FilL THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience, Etc.
1. Charles Cashman
1462 Excalibur Dr., 33764
Sales Manager, Gulfwind Marine
2. Harold Hunt
1956 Rebecca Dr., 33764
Past member Environmental Advisory Committee
3. Edward O'Brien, Jr.
3376 Ferncliff Ln, 33761
Self-employed, rehabilitation provider
4. Bob Sudalnik
830 Harbor island, 33767
Sales Executive
past member Beautification Committee
Zipcodes of current members on board:
3 at 33755 (1 is Mr. Wilhelm)
1 at 33765
3 at 33767
?..... 'to . , ~ ,;,' I' . ....' " " . ~' " ' . t ' '1' , . ~ ~ '
R.ECEIVED
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
APR 01 1996
Name
C ~ArJ ~~ .A.. ~) ~ W\ 4tJ
CITY CLERK DEPT. '
Home Address:
l~~ E.y:.LAU~UC- DtZ-
C-UNf"l, R ZIP: 3~z4
Telephone 524-- 2~2-
Office Address:
't~C; 4~~
fAw\eA .(:{
Sr
Telephone
ZIP: ~-=5cac 5
(o"2{ - 2424
Occupation S"A(et .uAN~
Employer
\ '7 \/ fi AD.., S
I
(Q vLFw ((vb vA 4~u"\g
How Long a resident of the City of Clearwater?
Field of Education:
PJuS,,JdS~ I ~cc.O\)",41,.sG\
- .
Other Work Experience:
t \ 0 ~A"tS ~"-k-vJ. ~rl ((p~"'f3.U>-\- &. -h...cA.Q.. )
~ '} YE1t:/l-t P.>Pl6.-t- <;Al~
If retired, former occupation
Community Activites: r ,...rVOIJ,)(..4 +hr~v "...
.
Other Interests:
M'1 P.>u \c~ ""$ A- S;~S~
f~. (~t ~ (ql~{S CJ-IJ~, UfA~J J1.W\,"
. C/:da(
Stltl..1;
~'" C;~ ~i~ aJ6;AJ1S ~~
Board Service (current and past)
Board Preference:
tJo,lt
oA A.1JNe A.t)Vl~ P:>o J\.ftJ)
Y~N,JltJ& ~ ~CJtJ;fJ~ b~
Additional Comments: C u./lJ€ /lr b(~AS€ 1:>~f;:,v/tJ1> r~ S/fwt.b ~,..1(.fir
~()~ ~ ~VIA ~ ~ Cc(tt~v,^ct.s , v'vt~ ~t;(t. ~~ l~ ~ ~tA W\~ 01< Ll~ e.~~ ~~,-
.Ji.~ Cot lS ~<W'ik tfA^~ I/J(JAJ/-. S We.. ~br~ 1<J,NO pLkr. k> ~lJl' ~ FAwI~ t+-~~
Signed: (IJd~ Date: rfJ!1(9
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
G .. ~ ~ . q '7 k' -eQ. f ~ Y\ \ l s-t s '\ e <:"-'V G)i\ (' I d... cq '7
r=: ,,/::r: = Me c.o.sh vnG\II1IS VV'a-\-~(-;N-lo..l~ 13 f -<:J \Zugers
\....L.~ 0 <)e r0 ~ J. 0 V\ .-tt~ M ( E 6 ~ vy\ a) cr '3 -tv .3) ~ ~
~"
" ' .' ,'" . . . t -' ' 1 .'. .. ~. '.. \ . ~', ~,\' .. . I "
12/1e/l~97 10:36 8135355311 GULFWIND MARINE
tXT-10-1997 00:18 CLE~RWATEP ctry CLERK
PAGE 01
813 462 6488 p,0a2/003
BOARD QU!STIONN4IA&
,. What Is your underst8nding of the boerd's duties and responsibilities?
1: \lNr.c.......... T'tG "\'wt"",df'$ OF' 11Hi' M~" >>V~ ~~
~..o 6- M, f=OUICW'f - ~~';;M 1J+s; 6~L ~;.c-
IIVI.~ c,J ~( ~.A~' ~A.'~~ ~ TtP
MAJt.f~- SCfdlh1iif\X7"
2. Have you ever observed a board meeting either In person or on C--View, the
City's TV st8tion?
.
r;C ~~ V(,g,Jt;t) fit tJ(,J~~a;; M.;;~"'n~ ~ C. VI~ .
f" ~ * t:'AtMC~M~ ~ f'k ~f'2..b C reG. ?o~tI"r'i.?
3. Whit background and/or qualifications do you have that you feel would quality
you to serve on this Board?
1': ~,- ... ~ut>' &~~Q..()fJl'oIJ>
?~'^'.\, tc:t,IG,. J; ~(~6a ~fr A,;J
---LfJ (it!r ~ ~~~ ~
eM. ~ntNC-:~ ~
~\;~ e,J><.~~
~ I
4. Why do you want to serve on this Board?
"0 ~ M~M~;;rt. ~ 1lnir ~J}tf/,j(~.
),J ~
~ ~ ,~ wtV2(,.J~ u~ /4O;.D_
~ cti/l3tVtFt2l'?i70rl ~ ~ 60 ~'1~l:> 1Jhs
~~ ~~t~ IrVW ~~~ ~';\-CtI,.A3 hrJ qt""'~~L!1
1d W\t-.,nNI~ Ni ~,) CM\I~N(~NC.~ ·
Name: (~ ~~Att' 80ard N8me:~~~
r~A
wPrM
'];:' UJi
.
At,J~ \bA~
CiMA-f1 )
(<;}0/9'7 e
" , . -. ..' '''.I; I" ,:".,'" ;"":~ .. ":~I,,:fg" ,', ,"" . ,.,..~ 'y", l .,' " ",,' "~'1" .""'~ ",' . "., J""""',
CITY OF CLEARWATER
Appllc~tion for Advisory Boards
(must be Clearwater resident)
1\ tCE1VED
() <: \ 1 it 199~
CITY ClERK DEPT ~
Name
}-tNzOL ~
LA-). H-u rJ\
Home Address:
Office Address:
~ CfS7n r2tk Cc(,1 \)r-
. C(.eAVLA~~V ZIP: 31~2~
Telephone 4rol.- SS-3..B Telephone
How Long a resident of the City of Clearwater? .3 , YQ fJvS
Occupation ~ ~V Employer CONSu~~'''-'\ - flcr-c:rT ~
--r ')
Field of Education: Other Work Experience:
A^S Ef -+ AUK ~~ C;(~ ;"-:S - 'D..J,.v Q.l~ ~
'B'5 t-f !/<:>\,V/l-- (ll\Av~ -V,04,,<.6"
If retired, former occupation ~Gl~~ fi~~~v-
Community Activites: -.& ci....r t:/\JVIKW~ Aiw~ c.",,",,,,Jh (-:1 tiJ
~H.K~ /'if ~Il:-MN (Zl-~) . /VlcJe S~ f11l1?J~
Other Interests: Lccp \ ~frf- X)\AlM''- 3<:c. ~V:J + CtJl--tt!J .sCubfl dIlL I---
. ~ -bc;-\,. ^ h..(}.. v \~r:1~{ Iof m-.P~ ( ({; +-.~v I
Board Servtce (e\'''~1t;~;;rpast) Board Preference: , ". I
flv,v 6fJr:. C d~J4_ _ ;Y1rrh~ JfJLJISo~~~
~
ZIP:
( D>/"f;Lk; J~ J, C:{; CONcef//"fS,
If OJ1~r
Signed:
Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS
FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618
.
, / 10/ q C"e - k'~ e p d n .IV\.A-e k:i +-
(\e. Q V q, lie 5+;0"" a.:,"€ ',)./ Lf I q?
-
--'
. , t, '_' " 'II..,. ',>t "'-, . , . I " '. ' ,..~ '! ": " ~ ' }
, .,'- ..,
BOARD QUESTIONNAIRE
1. . What is your understanding of the board's duties and responsibilities?
Provide citizens advisory recommendations to City Commission and Staff.
Areas of address might include: waterway regulations and navigational aids;
boating safety; Harbor and Marina policies; Services regulation (rentals, towing ?)
Respond to Commission requests for comments on specific topics.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Served on Environmental Advisory Committee for four (4) years.
Served as EAC Chairman for two (2) years.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
Clearwater Resident forty (40) years.
Small Boat owner 35 years. Scuba Diver 30 years.
Formal Education MSEE + .
Engineering and Program Management in Defense Electronics field 45 years.
4. Why do you want to serve on this Board?
Interest in Marine ecology and pollution reduction.
Interest in development of City of Clearwater Marine attractions and facilities.
Now have time for volunteer service (Continuing Consulting efforts are only part-
time).
Application for Marine Advisory Board
Name: Harold W. Hunt 4 February 1998.
" ','.', i " ' I ...' I " . . (
01/23/:333 ~5:13
a13785i3G34
TEtl
PAGE 04
FE8-J3-1~~ 11:15
CLE~jEF I: I", ClEPII
813 562 4eS6 P.002/004
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: c~'1W1i1 7: 0' g~I~lv r~R.
Home Address:
oJ 37'- ~~,..oL"Ft: tc.~'€.
.. Cl~.ut&.i:}Af..1 f:"(.'f Zip;r:J7' 1
Telephone: (~13).., ~ s. ~ t? If
How long a resident of Clearwater?
Occupation: ~J:HtfJ [",..J,(,i,c P'vckLr '/y' Employer: gt;t, p.., t@- ~. C~ +~
i{ 1{u.4~ PjtfW,.J.."... ,
Field of Education: Other Work Experience:
.6.A.- j),(~.UvI;' - f::...t.,y 141;'!JD:.l~~. C_"f"'l~ -s~..t~u..v._~. #Jt
..!1..J., I/. tf' {L.....~..I: ^, ,/ 91r=- JI,,. -/~/y'" r.. (-'A,.,.t: ('''''''''1.../.~ .$,....~~ ~
e.. -I f). . J~. ~ ~ #(.A. c:.1.1-~0.# ..., "- ~ ~ s.AI-/i'f'rf.l1
If retired, former occupation: ~"'" ~A - 4.....( K "e:'/?"
Community Ac1ivities: ~~J,;,,9' C.J~A.: /l.h,;..c ./6./.: A.~r',,/y CJ~.;~..... ....... ' ~'-, p
!{el-tJ ~M (;._?~ ~w i1{J~_.-.,.. -"Z../A"'-6 s-
F
Other Interests: 50...,/':"'1' -
Board Service (current and past):
Office Address:
ZiD
Telephone:
Board Preference:
He.,K,'.. or. 'IJJv., s # ~ \. /
;-
Additional Comments:kr"' q ~tt-M ~ ;:~....... ~ ~ ~ ~ c.~U,
Signed: ,.QL.y "1 , C: ~ If"
Date:
7h/rt
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
,
01/~3/1jja 05;13 a1ji8~a;34
TED
PAGE 05
FE8-0~-1??8 11:16
'-:LE~TEF' .: t r',' ':LEPI
e 1::; !.: ~ J;):6 P, eOJ.,'e04
BOARD QUESTIONNAIRE
Appllclnt'. NOrM: ;- D i. r: ' ~. ),;*.
N.m. of Board Applying For: H~ ,.Jl'r
1. What is your understanding of the board's duties lrnd responsibilities?
7 L' ~ ~.t, piJ..-- ) ~*f:/~- ,.1 ~ JU~....,. ~ J~
}-:I1c, l.. -a "-7'"7 ~ i.u~ .A 7- -Jl .JL/ -u.L:L..
ILa~.- /..L;-....:LL, ~_. ~. ~.d ~ :rLt;, -<lP...-.-I
\ (/. ,
r
-i.; :€L e~ .
2. H8ve you evOr observed a board meeting either in person or on C-View, the
City's TV Gtation?
~~~ -:r ~iLP~ ""y. &,,,..,,jf
I
3. What background and/or qualifications do you have that you teel woutd Quallfv
you to serve on this Board?
_J I-. .( r I ",,#,""-' ~ - ..... .k .J ~- J-- ...J-A=?
~~J..ot d~:"'" 1J."l- .i- 1U7~-" ~.~}... ff 9--) I ~- 'i . ~ ,Airf- <<.~.
" , ;'
1.JJ.1.L.L~", ,,/~~ _.....F AJ~ "-~ ,-~
/ .
11 J . J -4 A . , ". ,,J / . of
: . - ., - .. v--- -- - - 1.& ~. ~
'- , ". / y -~
.~~.J",_~,-~'J:-~&Hr- .~~.,
4. Why do you want to serve on this Board?
.-1
~;V-,djdlL ~ .~~.4~~.L~~~ .J
./~rl.tM~~Irf/~" .~ ,~..-/~ ~,~,
c/AIw~",a.,~.. ...'/ L ~~7 ~-H.. ~
~...zt.; .-u~p1~~_ a-../... ~-t~'77
rA;,./;...
~J3/~?
. " ,
, ...'" I. ' ",' <<. " ..'., I, , . . .' ., I ,
ci
.
W
.J
~
loG 39'i1d
031
. . _. '~--
t:'E'33S8LE T8 . ..... E !:SO' . 866 T I::;:' /70
AUt;-31_99
MON
la:46
.
P.02
, -.-. ....,............~......"""y..~\I'W\-..... ~ .#':ft;.~I'..,."...,....................-.,.........,.........-..
.... "f i ,,"'. t~. ~ ~
Q..IMt.lATER CITV CURl<
aI' ~~ ~t r.~'10?
CITY OF Cl.EARWATER · APPLICA110N FOR AOVlSORY BOARDS
(must be Clearwater re:;/dint)
s:' ",i4-\ i\'~
Name:. . \.$t>($ -. ""'"~_ ____ d'
l-tome Address: OffICe MdTeas:
~.~~.,._..~.~,!_~~~ :rS\"~4 _ L~~'___ .
__. c.~_ _ ~11l ~3.1~'1 ~_ .....-W:::.. ~.__
Tlllephof'lt: ,.!ikJ 0,0 S~ ~ Telephone: 11 :1.5- ll.f.:i... ___
uOWlongar~entofr~~te~--.:...Z~>-..~~ . I _ .........._._ '__
ooou~tion;~....~ C_~~ .... Employer. .. J?---B~ __ _' ... ,
Field of Eduentlon: Other Worn eperlenoe:
~~.~-.:t~;~~'!l~~~ ~~~~~~~~ ~~~~~~
.-.- ...-._-_.. . . . ~~, - --. '.-'..--
~=:::=pa~~ : ""O\.C!!:-c..L.~.0~ #_~~.
.._r~~,\~ee.-t~~,~ C\.tJ~c.. ~Slc(~
Other IntWtsfl:_~~~1 ~\Q.G),,~+ ~ r__ .__. , _._ ____
Board Serv~ (ourrent and paft): . Board Preference:
....~~~{d.v\~~~.e~ ~ --fra~'f\e.. ~""~~!!f---~~e
...
,--
.JI '._ ....'.' . .........._ ~_____ --... --.
-----.. ---.. pi;!.....--.. ---
... ~ y nt...
A~tipnal'~~';"ls:..~ ~~ Q~ 1t;; ~ ~~'1ft ~ _g..dt~:'
.~ _~~_~J~. .~ 'iV'-';""'l.\ ~_.fr._.._~0?. J...VL__
Sign t.: ~t;t DiJla:_-1~tj~_____ __..
See attsch&d nst for boerd5lhat require Financial Oi~ure at time 0' appDlntment.
Please return this &lpplioatioo & board quesUonnalre for eac;D board r~ttd to:
City Clerk'~ Oepitrtment, P. o. Box 4748. Clearwater, Fl. 33758-4148 or drop off at City Hall. 21'ld
floOr. 112 S. Oec..'eQla Avenue
5/q7- re.~'j~~d ~m 6C-
~'. t. 9q - k'ee.p 0 V\ MA-B ',S-t-
AUC-~1-ge MON
1<S:46
.
P.ea
,. ............... "....,,,.. ___... ... _ __ _ .....,.. . If .......1 v. \ .. ...~..,...,.~w ~.. _.. .... 4 J _.. ... ~ .. ....
HI'. .' J".~ I': I 'J~ CL.lAA1":'TER CSTY CLEPl< At3 "'2"~ P.~"cm
IOARD QUESTIONNAIRE (n(;\(!I~ M~~ ~~.Q
1._ Whor I. your \lnderfltlndlng of the beard', duUes and r~cpon~lbllitJesl
~.(oV\'\~~ ~ ~~e ~ci'lv..t~~"'
.~,~ C~..__
..,.... . " - ...~
. 0' __..-..
......-..........
- . ,...... .t1
-.....-..............-
2. Hove you ....." obc,rv.-d a board meeting either In person or on C.Yiew, the
t:it~'1 TV $1l1tlon1
.. ~I Ji? tt)h
......... '-"'-" Ar
d..l ..____~-
---..- -.. ....-.. -...-... .tt>..........
:to W,"t b.ckground end/or qlJ.,ificIltlon; dQ you have that you fllel would qu,lify
,/(',It tu 'Of V, CoIf' thlt Board?
~ etw-. A0. ~p ~ecc.clt~ ~_ tS"
~ 1,,~~~-4\..P.J2. W\~_.L.._.lcWf- {
~!-~ J~.&.':) " M::.E~ ~ ~ tu~ _
'l~ fu''''p,:; ~~ --~ G'l...... ~I.f r
_ ~t.- .e~)-J1s. (,u~f.it l^-.ct:
Soard Name:
l' , ,. , ' . ~ ' .. I " ;' ~ . j.'" .. " ',' \.' , "/" >> . . ' . +' '
F!,.....,._. ,.,,<, , .., ~......<,_.., "'., . ~ ,. . t' ,-' '.' '. '.! . ,
,.
"
"
f:-
~.~,
"
Item #47
'"
, '
/ 9(P7
RESOLUTION NO. 00-01
'-17
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, ASSESSING CERTAIN REAL PROPERTY
LOCATED IN PALM PARK ADDITION TO CLEARWATER,
HAVING A POST OFFICE ADDRESS OF 1016 N.
GREENWOOD AVENUE, CLEARWATER, FLORIDA, AS
DESCRIBED MORE PARTICULARLY HEREIN, IN THE
AMOUNT OF $1,256.00 FOR THE COSTS INCURRED BY
THE CITY ORDERING THE OWNER TO ABATE A
DANGEROUS STRUCTURE; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code, the Building Official determined that certain real property
described herein and the building situated thereon were unsafe, unsanitary, unfit for
human habitation, and dangerous and detrimental to the health, safety, and general
welfare of the community, and did not comply with the requirements of said Code before
expenses were incurred; and
WHEREAS, the City of Clearwater and the owner have caused the abatement of
the unsafe building, and the City's costs of such work should now be assessed as a lien
on behalf of the City of Clearwater against the property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The Building Official having ordered the abatement of the unsafe
building situated on the following described property:
The North 51.5 feet of the South 101.5 feet of the East 100 feet of Lot 32 of
Palm Park Addition to Clearwater, in Section 10, Township 29 South,
Range 15 East, according to the map or plat thereof as recorded in Plat
Book 4, Page 86, of the Public Records of Pinellas County, Florida.
(Parcel Number 10-29-15-65718-000-0325)
Owner of record:
MAGGIE M. BRIDGES EST.
C/O CARLTON McCRAY
1012 NORTH BETTY LANE
CLEARWATER, FLORIDA 33755
and the City of Clearwater having now completed said work, the City Commission does
hereby assess and charge a lien on behalf of the City of Clearwater against the property
Resolution No. 00-01
. ~ ' . . . ~ .". \' " , . .' ~ " ,
.,,", '
<.,... "".,,,",
," ."'" .....
for the necessary costs incurred as follows:
Lf7
TOTAL DEMOLITION COSTS $1,255.84
(See Attachment "A")
Section 2. As soon as practicable, a Certificate of Indebtedness against the
property for the amount of assessment shall be prepared, which certificate shall constitute
a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall
be payable to the City with interest at a rate of eight percent (80/0) per annum. .
Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the
amount of the assessment against said property, and to record the same in the Public
Records of Pinellas County, Florida. .
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2000.
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
~O~
Jo arassas .
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Resolution 00-01
..
,;" .... l.~" "
ATIACBMENT "A"
Resolution 00-01
(1016 N. Greenwood Avenue - Oearwater, Florida)
TASK
NALOL - (Pinellas County Records for ownership)
Various correspondence and telephone calls
Purchase requisitions
Take photographs
TOTAL HOURS
EXPENSES
7 hrs) hours@ $25.00 per hour
Filni, developing, and prints
Certified Mail and regular postage
Title Search - Sexton Title Services, Inc.
Asbestos Survey - Occupational Health Conservation, Inc.
Asbestos Removal - Lang Engineering of Florida
Monitoring of Asbestos Removal - Occupational Health Conservation, Inc.
Demolition (E. L. Trevena Inc.)
TOTAL EXPENSES
LIEN AMOUNT
'-17
TIME
7 hours
AMOUNT
$175.00
$25.48
$5.36
$50.00
N/A
N/A
N/A
$1000.00
$1,25584
$1,256.00
Resolution No..OO-Ol
RESOLUTION NO. 00-09
Lff
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, STATING THE INTENT OF THE CITY
COMMISSION TO INITIATE CONFLICT RESOLUTION
PROCEDURES WITH THE CITY OF LARGO, FLORIDA
PROVIDED FOR UNDER THE FLORIDA
GOVERNMENTAL CONFLICT RESOLUTION ACT;
SPECIFYING THE ISSUES OF CONFLICT WITH THE CITY
OF LARGO; DIRECTING THE CITY MANAGER TO
PROVIDE A STATUTORILY MANDATED LETTER AND A
CERTIFIED COpy OF THIS RESOLUTION TO THE CITY
MANAGER OF THE CITY OF LARGO; PROVIDING AN
EFFECTIVE DATE.
WHEREAS. the City of Largo, Florida on January 4, 2000, adopted Ordinance
No. 2000-17, annexing an approximately 14-acre tract of real property to the north of
Belleair Road; and
WHEREAS, the subject property is within the Clearwater Planning Area
established by an Interlocal Agreement dated January 14, 1992 between the City of
Clearwater and Pinellas County, and is outside the City of Largo Planning Area
established by a similar Agreement; and
WHEREAS, the Ordinance appears to violate an Interlocal Agreement dated
November 13, 1990 among the Cities of Largo, Pinellas Park, and St. Petersburg and
Pinellas County [the "Tri-Cities Agreement"] establishing a Tri-City Extraterritorial
Planning Area; and
WHEREAS, the property is within the City of Clearwater Sewer Service Area,
Water Service Area, and Fire District, and the City of Clearwater has the ability and
capacity to provide said services to the property; and
WHEREAS, the Pinellas County Planning Council staff and Planners' Advisory
Committee have found that the City of Largo does not have the ability to serve the
subject property, and the Pine lias County Planning Council has on December 15, 1999
voted to approve its staff recommendation; and
WHEREAS, the action of the City of Largo violates the provisions of Florida
Statutes Chapter 171 regarding the ability of the annexing municipality to provide
services to the annexed property; and
WHEREAS, the action of the City of Largo materially adversely affects the City of
Clearwater; now, therefore,
Resolution No. 00-09
~;
~ ' , , ,: , '! .. '. , ' i . " '1". ' ~n',.. ''', \ to
'+6
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Pursuant to Florida Statutes Section 164.1052, the City Commission
of the City of Clearwater hereby states its intention to initiate the conflict resolution
procedures provided by the Florida Governmental Conflict Resolution Act prior to
initiating court proceedings against the City of Largo to resolve the following conflict:
Whether the City of Largo lawfully adopted Ordinance No. 2000-17 in view of the
provisions of the Interlocal Agreement between the City of Clearwater and Pinellas
County, the Tri-Cities Agreement, and other Agreements relating to service districts,
and whether said Ordinance meets the requirements contained in Florida Statutes
Chapter 171 for annexation of the subject property.
However, in the event that !t becomes necessary to file a certiorari petition or
appeal from the City of Largo's action prior to the conclusion of conflict resolution
proceedings under the Act in order to meet time deadlines for filing such proceedings,
the City Attorney is hereby directed to so proceed and to seek a stay or abatement of
any such action until the conclusion of conflict resolution proceedings.
Section 2. The City Manager is hereby directed, within five (5) days after
passage of this Resolution, to send a certified copy of this Resolution and the letter
required by Florida Statutes Section 164.1052(1) to the City Manager of the City of
Largo setting forth in said letter the minimum requirements contained therein. Such
letter and Resolution shall be sent by certified mail, return receipt requested.
Section 3. This resolution shall take effect immediately upon adoption,
PASSED AND ADOPTED this
day of
,2000.
Brian J. Aungst, Mayor-Commissioner
Approved as to form: Attest:
~}~
Pamela K, Akin, City Attorney Cynthia E. Goudeau, City Clerk
2 Resolution No. 00-09
.it.
11",..
" " .~ ,f' ,~J '.~: \, .... '.('... .,~. fJ'tfil,,'; ~. l,. r)/ ,~' '" :'I'~ "'."',,..,. ~ ;..' , I ~ ,.. " <:_~,' .,~.'.. '_".; .,..".... ,I :
_X)1I-~
-FVr
interoffice ^." /J \
M E M 0 RAN 0 U M I~
10
Ii
(!L: !?~~~
R-~::-~~
, '" .':, ,~':\ : /'/ ~" ':II~ (~.. . ,'~ ~.." ',,' '..1'...;....
to:
COPIES TO:
COMMISSION
RECEIVED
from:
subject:
date:
Vice-Mayor, Ed Taylor
Councilwomen, Patricia L. Bailey
Councilman, Chuck Williams
Councilman, Rick Butler
City Manager, Jerry Mudd
City Clerk, Kathy L. Witherington
City Attorney, Thomas E. Reynolds
lvlayor, Bill Mischler
Possible Settlement of the Annexation Dispute with the City of Largo
December 29, 1999
JAN 1 0 2000
JAN "- 3 2000
PRESS
CLERK I ATfflfiWS=V"
TT-NJANAGER'S OFFICE
On December 21, 1999, I met with Mayor Tom Feaster from the City of Largo to discuss a possible
settlement of the annexation dispute currently pending between the cities of Pinellas Park and Largo.
Prior to Mayor Feaster and I meeting, there was a question as to the legality to hold this meeting
outside the boundaries of the Government in the Sunshine Laws for the State of Florida. Ms. Pat
Gleason, General Counsel in the Attorney General's Office (who I understand oversees their
interpretation of the Sunshine Law) gave an opinion to Largo's City Attorney, Alan Zimmet, that
the meeting of the two Mayors would not be subject to the Sunshine Law and also stated that their
office encourages such meetings to try to resolve disputes between governmental bodies prior to
litigation. I believe that each of you were given copies of Attorney Zimmet's letter addressed to our
City Attorney Ed Foreman dated December 16, 1999.
I agreed to meet with Mayor Feaster for the sole purpose of trying to temlinate the disputes between
our cities. There were no deals made, as that was not the purpose or intent of our meeting.
I have always tried to be a team player on this Council regardless of what the article in the December
26th edition of the Neighborhood Times had stated, as well as remarks made by a member of this
City Council.
I am coming in front of you, my colleagues only as a messenger for a proposed settlement of the
litigations our cities have against each other.
Attached are recommendations that Mayor Feaster and I are proposing. Please note, they are
recommendations only. Mayor Feaster will be meeting with his Conlmission simultaneously with
our meeting this evening to present these proposals for a settlement.
Finally, I applaud Mayor Feaster for taking the initiative to resolve our differences. He is very
sincere in tl)~ng to make each of our cities good neighbors. I am hopeful that we can come to some
fonn of agreement with the City of Largo in order to avoid a considerable expense to the taxpayers
of our City that could run into several hundred thousands of dollars.
OV€-\
. ...
.Aj
..1
"
Possible Settlement of the Annexation Dispute with the City of Largo
Page 2
December 29, 1999
I apologize to you for not releasing these proposals in advance, but due to the nature of this subject,
I felt it was to our City's best interest that we collectively have a chance to discuss these proposals
prior to reading them in the newspapers.
Item Number
Proposal
1 - Planning Area:
Ulmerton Road to become the natural boundary. Pinellas Park to
have all jurisdiction on the south side of Ulmertoll from Roosevelt
Boulevard west to U.S. 19. South on U.S. 19 to 126th Avenue. West
on 126th Avenue to Lake Senlinole.
2 - Sewer Permits:
All indentures Largo have with property owners within Pinellas
Park's Planning Area will become null. and void. Largo will not
pursue. Largo will obligate themselves to provide us sewer within
our Planning Area.
3 - Triangle Section:
These properties bordered by U.S. 19, Ulmerton Road and the Cross
Bayou Canal will come into Pinellas Park's Fire District.
4 - Fire Station #36:
This Fire District will remain under the jurisdiction of Pinellas Park
indefinitely.
5 - Tract "A":
Consultants will be hired by Largo to analyze and come up with a
cost basis for Pinellas Park. Largo will continue to charge the present
sewer rates until this study is completed by the consultants and
agreed upon by both cities.
/
~J. t1;CI1'(E i?
Bill Misch! r
Mayor
cc: City of Clearwater City Manager /
Pinellas County Administrator
Pinellas Planning Council Executive Director
City of Largo City Manager
Mayor Feaster, City of Largo
.' ~ , . '! ' " ) \ ~ I
" <'..".:, '.
. ',l::~.'T';.:,"_. ',,~. __
.., " " ~'" ' ' ' . .
", '. . ".
Preliminary Agenda
(W orksession)
/97S-
fJ:..'
~ -
.-
--
PRELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. - Tuesday, January 18, 2000
Service Awards
Employee of the Month - 12/99 - Dave Laatsch - Information Technology Department
Convene as Community Redevelopment Agency (CRA):
1 . Call to Order
2. Approval of Minutes: 12/6/99
3. Approve Fiscal Year 1999-2000 First Quarter amended eRA budget; authorize appropriation of
entire balance remaining in CRA Trust Fund as of 9/30/2000 to the Misc. Redevelopment Project
Fund
4. Approve change in dates to Interlocal Agreement between CRA & DDB to redirect outstanding
financial obligation per 1983 Participation Agreement towards economic development activities
5. Executive Director (Assistant City Manager) Verbal Reports
6. Other Business
7. Adjourn
Convene as Pension Trustees:
1. Call to Order
2. Approval of Minutes: 12/6/99 & Special Meeting 11/18/99
3. Request for acceptance into membership: Pierre Maajoun, Kevin Matthews, Janene Crosby, AI
Basone, Karen Keegan, Donald Packer, Elliot Shoberg, Markus Morgan, Salvino Terranova,
Jennifer Bruty, Gina L. Clayton-Gomshe, Judy Shipley, Guadalupe Newell, Tamijo Watson, Roger
Harris, William Clark, James McCulley, Jr., Alphonso Brooks, Morgan Trapnell, Frank Calabrese,
Elizabeth Pease, Richard Sheppard, Harold Sanders, Michael Schloff, Jason Rollins & Sandra
Clayton
4. Waive vested pension: James McCulley
5. Request authority to file Offer of Judgment in Krieger v. City of Clearwater and Pension Trustees
6. Approve increase in amount authorized to PriceWaterhouseCoopers, LLP for actuary & other
related services by $3,500 for total of $123,500 for 3 year period ending 12/31/01; authorize
payment of pension plan's share of March referendum costs (not to exceed $10,000)
7. Other Business
8. Adjourn
1/18/00
1
Reconvene W orksession
PRESENTATIONS
1 . PACT - Robert Freedman
2. Presentation of Roundabout Plaques
PUR PURCHASING
Kaiser Pontiac-Buick GMC, Inc., one 2000 GMC Sonoma compact pickup truck (replacement), for
use by Planning, $12,574.445; funding to be provided under City's Master Lease-Purchase
Agreement (GSS)
Don Reid Ford, two 2000 Ford Explorer 4x4 utility vehicles (replacement), for use by Police,
$46,906; funding to be provided under City's Master lease-Purchase Agreement (GSS)
Bell Chevrolet, one 2000 Chevrolet Express 15-passenger van (previously approved addition),
$22,374; funding to be provided under City's Master lease-Purchase Agreement (FD)
,c.
, .'. " " ., ~. ,4 \ ..... ',':'. l ,~.' ~: \ ' :.." ~! . ~, . ~:: ',I-: :. J, .; ~.,.t~ .., ~ . "', ';::, ,- ,', (,' ~,P ....,~, ,; '. ,... ~ ' :1'," J~' ',' ,: " '. : ',., ..~,:_' ~ . '
McLain Southland Equipment, one 2000 Mack front loader refuse collection truck (replacement),
$143,318 (SW)
Bobcat of Tampa Bay, one 2000 Bobcat Model 863 loader (replacement), $18,821; declare
surplus and authorize trade-in, one 1996 Ford New Holland loader (SW)
Ring Lift, one 2000 Caterpillar Model DP25K forklift (replacement), $1 5,293; declare surplus and
authorize trade-in, one 1995 Mitsubishi FG-M forklift (G-1509) (SW)
Spartan Oil Company, diesel fuel for use in equipment operated by various departments, 1/21/00-
12/15/00, est. $400,000 (GSS)
Petroleum Traders Corporation, unleaded vehicle fuel for use by all departments operating
motorized equipment, 1/21/00-12/15/00, est. $350,000 (GSS)
Additional Payment of $2,975 to increase total contract with People Map Training a/k/a E.
Michael Lillibridge from $25,000 to $27,975, for consulting services provided from 1/13/99-
1/31/00 (CM)
Miller Bearings Inc., 1 st of 2 extensions, misc. bearings, seals & related items for use at all WPC
facilities, 1/21/00-1/31/01, est. $50,000 (PW)
Smith Fence Company, control gates to be located at 3 WPC facilities & 1 at Public Service
Complex, $57,795 (PW)
Tampa Bay Engineering, utility design & subsurface engineering services, 1/21/00-11/12/02, est.
$275,000 (GAS)
ED ECONOMIC DEVELOPMENT
1. (Cont. from 1 2/6/99) Acknowledge intent of CRA to Accept Proposal submitted by The Balk
Company, Inc., subject to negotiation of a development agreement
2. Amendment to Interlocal Agreement with Pinellas County providing for joint management of an
Economic Analysis for north central portion of City commonly referred to as the Hercules
Industrial Area, to change date to 3/1/2001 (Consent)
3. Set dates for RFOQ Presentations
FD FIRE
1. Five Year Agreement with Grubbs Construction Company, to provide post-disaster assistance to
ensure economic recovery of affected areas of the City if the community sustains major damage
beyond City's ability to handle within available resources currently maintained; initial contract
cost of $100 (Consent)
2. Contract to Temple, Inc. for purchase of 3M OptiCom Traffic preemption equipment for 20 fire
vehicles & 20 intersections in the City, amount not to exceed $60,840; funding to be provided
under City's Master Lease-Purchase Agreement (Consent)
GS GENERAL SUPPORT SERVICES
1. Ratify/Confirm City Manager's decision to award emergency contract to McMullen Oil Company
Inc., for purchase of vehicle fuel, est. $ 50,000 (Consent)
HM HUMAN RELATIONS
1. Agreement with Lockheed Martin, IMS Pinellas WORKS, for administration of City's 2000 Weed
and Seed Challenge Program and 2000 Summer Youth Employment Program, for $112,500
(Consent)
2. Memorandum of Understanding in support of the One-Stop Career Center System (Consent)
1/18/00
2
,.~
. ,1'1:" t/o', 1.'_'. 1':',.;:I,:/'_"'.~,~" ~"'l'., i,.., ,:'~~~ -T,~:..:..,.:.~'-,I\ .," '~\ .' I\~',.;"l,{.t'\":'/".:":":\'-":-~ ;"'.,...,:-: .~I.........;i~'. ._:'~"-;:jp..,..:!,
LIB LIBRARY
1. First Reading Ord. #6501-00 - reducing number of members on Library Board from 9 to 7
MR MARINE
1. Approve Assignment of lease of Clearwater Airpark from current lessee, Clearwater Aircraft, Inc.
to Day Tripper Aviation, Inc., with no changes in existing lease (Consent)
PD POLICE
1 . Contract to Public Safety Management for police field reporting software (FRS) for $392,750 and
records management system (RMS) for $124,625, for total cost not to exceed $517,375;
authorize loan from Central Insurance Fund in the amount $124,625 to be paid back over 5 years
with interest at cash pool rate
2. Approve acceptance of local Law Enforcement Block Grant (lLEBG) funding for 2 years, from
U.S. Dept. of Justice/Bureau of Justice Assistance, in the amount $308,250 (Consent)
3. Contracts to: Sierra Wireless for moderns, cost not to exceed $180,000 & GTE for cellular
digital packet data (CDPD), cost not to exceed $90,000
4. Res. #00-02 - authorizing execution of Mutual Aid Agreement for Marine Patrol Services; approve
Agreement to allow Sheriff to enforce city ordinances relating to waterways and operation of
vessels & waterborne aircraft within City
5. Authorize $100,000 disbursement to Clearwater Homeless Intervention Project (Consent)
PR PARKS AND RECREA liON
1. (Cant. from 12/6/99) Extension of Agreement with Clearwater Golf Park - to be discussed at
worksession
2. Lease Agreement with Clearwater Country Club, Inc. for operation of property currently known
as Clearwater Country Club Golf Course, 5/1/2002-4/30/2032, pending repeal of 60 year lease
limit or change of corporate name by Clearwater County Club, Inc. (Consent)
3. Lease Agreement with Chi Chi Rodriguez Youth Foundation, Inc. to operate Glen Oaks Golf
Course, 2/1/2000-2/1/2010 (Consent)
4. Amendment to Lease Agreement with Chi Chi Rodriguez Youth Foundation, Inc. to operate North
Clearwater Golf Course located on McMullen Booth Road, extension from 11/13/2010 to
1 1/12/2025 (Consent)
5. Contract to construct an activity pool with water playground amenities for Morningside Pool to
Aquamarine Swimming Pool Company for $58,416 (Consent)
PW PUBLIC WORKS
1. Public Hearing - Res. #00-05 - dedicating portion of Drew Plaza Park as public r-o-w, declaring
said r-o-w as surplus to city needs, and authorizing execution of Purchase Agreement for its
conveyance by city deed to FOOT to be used for transportation purposes
2. Public Hearing & First Reading Ord. #6476-00 - Vacating 60' r-o-w of Third Avenue South, lying
east of US19 & west of Chautauqua Avenue (formerly Main Street), subject to retaining full 60'
as a drainage & utility easement (Dimmitt, V99-13)
3. Public Hearing & First Reading Ord. #6478-00 - Vacating 50' r-o-w of N. Gulfview Blvd., lying
north of Papaya Street (aka Palm Street) & south of San Marco Street (aka Mangrove Street)
{Mandalay Beach Club, ltd., voo-on
4. Interlocal Agreement re reclaimed water supply with Pinellas County, 12 year term (Consent)
5. No Item
1/18/00
3
6. Contract to Dames & Moore for continuation of contamination assessment activities at former
Annex site, as directed by FDEP, $65,310 (Consent)
7. Contract to Kamminga and Roodvoets, Inc., sanitary sewer replacement on Glenwood Avenue, in
vicinity of Palmetto Street, $163,744.35
8. Third Amendment to Agreement with SWFWMD for funding for Coopers Point Restoration, to
extend term to 12/31/00 (Consent)
9. Mandalay Avenue options
PlD PLANNING & DEVELOPMENT SERVICES
1. Public Hearing & First Reading Ords. #6485-00, #6486-00 & #6487-00 - Annexation, Land Use
Plan Amendment to Residential Low & LMDR Zoning, 1735 West Manor Ave., Clearwater Manor,
lot 39 (Nabil & Nadia Youssef, A99-211
2. Public Hearing - Annexation, Land Use Plan Amendment to Residential/Office limited & Office
Zoning for property located at 3150 McMullen Booth Rd., Sec. 21-28-16, M&B 23.10 (Robert &
Nancy Hurst, A99-20) - To be Continued
3. Public Hearing & First Reading Ord. #6491-00 - MDR Zoning, 608 Orange Ave., Starr & Savery's
Addition to Clearwater, Blk 6, Lot 1 (Jerry & Lynda Gilliam, Z99-05)
4. Public Hearing & First Reading Ords. #6492-00 & #6493-00 - land Use Plan Amendment to
Commercial General & Commercial Zoning, 2463 Gulf to Bay Blvd., Sec. 18-29-16 (Sunny Grove
Mobile Home Park, Inc., Z99-04)
5. First Reading Ord. #6498-00 - Relating to Occupational license Fees; amending Appendix A,
Schedule of Fees, Rates & Charges by 5 % increase in fees and amending administrative fee
charges
6. First Reading Ord. #6499-00 - Relating to Building & Development Regulations; amending
Appendix A, Schedule of Fees, Rates & Charges, Relating to See, 47.084(4)
7. Approve 4 full time equivalent positions for Planning & Development Services Administration
associated with increased services & fees, with annual cost of $104,600
8. Review of Development Agreement with Mandalay Beach Club, ltd. - To be continued to 2/3/00
CLK CITY CLERK
1 . Marine Advisory Board - 1 appointment
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6494-00 - Relating to Employees Pension Plan; amending Sec. 2.393 of Code of
Ordinances to amend or delete definitions; amending Sec. 2.397 of Code to amend benefits
under the plan; providing for referendum election relating to the pension plan
2. Ord. #6482-00 - Submitting to the City Electors proposed amendments to the City Charter
amending Sec. 2.01 (d) 5 (vii) regarding leasing surplus municipal real property
Resolutions
1. Res. #00-01 - Demolition Lien - 1016 N. Greenwood Ave., Palm Park Addition to Clearwater, part
of Lot 32 (Maggie M. Bridges Estate - c/o Carlton McCray)
2. Res. #00-09 - stating intent of City Commission to initiate conflict resolution procedures with the
City of largo; specifying issues of conflict with the City of Largo; directing City Manager to
provide a statutorily mandated letter and certified copy of this resolution to the City Manager of
the City of Largo
1/18/00
4
" . . . '. ' . "',', I ' : !. '. '. .' . .
Agreements, Deeds and Easements
1. Sidewalk & Utility Easement - 10' easement along portion of S. Greenwood Ave. (Clearwater
Phase I Partners, Ltd.)(Consent)
OTHER CITY ATTORNEY ITEMS
1 . Request for attorney-client session re Scott v. City
City Manager Verbal Reports
Other Commission Action
Adjourn
1/18/00
5
I , , ' , , ~ . I > , . r.., , I - , ' r .r' I .
, ,"" . .
note: C & Pension
Trustees agenda packs
kept separately.
/9f/
.~'I'."",;'-~" "1'/:',: ,.... 't-'~'r ~: ,.:",;: ':",:\7"":_:1.. ~~,:."Il ';', ~>. ",';,,,","', . - :;'"{,.'~:'J'. ".: ,.'.\', ',' ,', ,,', "/, .', I, ., r:' .,', .'1,
?R3
9~ \ \ e l G\-\-W~~ (. I ~
Clearwater City Commission Worksession Item #:
Agenda Cover Memorandum Final Agenda Item #
Meeli ng Date: l.;;? d. 0 0
SUBJECT/RECOMMENDA liON: Approve a ten year agreement from February 1, 2000, to February 1,
2010, between the City of Clearwater and Chi Chi Rodriguez Youth Foundation, Inc., to operate Glen
Oaks Golf Course,
~ and that the appropdate officials be authorized to execute same.
SUMMARY:
. The Chi Chi Rodriguez Youth Foundation, Inc. (Foundation), has operated the Glen Oaks Golf Course for the
past fifteen years. The lease with the foundation expired on April 6,1999, and is being extended on a month-
by-month basis pending completion of negotiations.
o On May 17, 1999, staff released a II Request for Proposals" (RFP) for the operation, maintenance, programming
and capital improvements of the Glen Oaks Golf Course. The City only received one proposal, which was
from the Foundation.
. Over the past fifteen years the Foundation has renovated and managed Glen Oaks as a public facility; provided
funds for maintenance and capital improvements; created youth programs to help disadvantaged children and
youth; and created an after-school program.
. Foundation will provide to the City the following highlighted enhancements to the facility and lease:
~ Pay annually to the City as rental for the premises 3% of gross revenue plus applicable sales tax. This is
estimated to be approximately $7,000 in the first year.
~ Foundation must upgrade the landscaping along the Court Street corridor consistent with all applicable
City codes, and consistent with the median landscaping on Gulf to Bay Boulevard and Court Street;
City will provide landscape design. The landscape design to be used by the Foundation shall be used
as an educational program for the school in the completion of the project.
> Foundation has requested approval to construct at a minimum a 4,400 square foot building within
three (3) years from the date of the agreement (existing building is 4,800 sq. ft.). The City must approve
the design, site plan and construction of the new building.
>> Foundation agrees to make the clubhouse and facility available to the City, for City-sponsored events,
two (2) times per year at no cost to the City, based upon availability.
~ Foundation to supply an annual audit to the City by a Certified Public Accountant.
>> Foundation is obligated to pay any Federal, State or local taxes, and fees, for the term of the lease.
Reviewed by:
Legal ~
Budget NA
Purchasing NA
Risk Mgml ~
Submitted by:
City Manager
Printed on r c1ed paper
Info Srvc
Originating Dept:
Parks & Recreation
User Dept.
Parks & Recreation ~
Attachments
Costs
Total -0-
NA
Publ ic Works NA
DCM/ACM '----+-i
QOL Admin ;i~-r:::r-
Current FY -0-
Funding Source:
CI
or
Other
o None
A ro riation Code:
Rev. 2/98
....;
-- ---- .....,
r~ 3
LEASE AGREEMENT
THIS LEASE, made and entered into this _ day of
by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation,
hereinafter called the "City", whose address is Post Office Box 4748, Clearwater,
Florida 33758-4748, and CHI CHI RODRIGUEZ, YOUTH FOUNDATION, INC., a
Florida no-profit corporation, hereinafter called the "Foundation", whose address is
3030 North McMullen Booth Road, Clearwater, Florida 33761.
WHEREAS, the City and the Foundation entered into a Lease Agreement for the
"Glen Oaks" Golf Course on January 3, 1984, for an original term of five (5) years, and
was subsequently amended on two (2) occasions as follows:
.
A. On January 2, 1989, the First Extension to the Lease Agreement was
entered into between the City and the Foundation, extending the term of the
lease for an additional five (5) years ending on January 3, 1994.
8. On April 24, 1994, the Second Extension to the Lease Agreement was
entered into between the City and the Foundation extending the term of the
lease for an additional five (5) years ending on April 23, 1999; and
GRANT OF LEASE AND TERM
WHEREAS, the Foundation is currently operating under a month-by-month
agreement with the City until such time as a new Lease Agreement can be executed;
and
WHEREAS, it is the intent of the City and Foundation to enter into a lease
agreement for the premises described herein. .
NOW THEREFORE, in consideration of the foregoing and the mutual covenants
contained hereinafter, IT IS AGREED AS FOLLOWS:
1. That for and in consideration of the covenants to be kept and maintained by
the Foundation and the mutual benefit to the parties, the City does hereby lease and let
unto the Foundation, its successors and assigns, subject to the terms and conditions
hereinafter set forth, that certain real property located in the City of Clearwater, Florida,
more particularly described in Exhibit "A" attached hereto and incorporated hereby by
reference. The term of this lease shall be for a period of ten (10) years, commencing
February 1, 2000 and ending February 1, 2010, unless sooner terminated by the
provisions hereof.
''''j.'
l " " . ., ~,', \ . ' ... ~ :' ". . , " ...' ~' ~' ': ';..' '. , . ,~~: . ~
RENTAL
2. The Foundation shall pay annually to the City as rental for the premises three
percent (3.00%) of the gross revenues plus applicable sales tax. Gross revenues
include, but are not limited to green fees, cart fees, food, beverage, and merchandise
sales, equipment rental, clubhouse rental, and any other revenues. For the purposes of
this lease donations to the Foundation are not considered revenue and are exempt
from this provision.
The said rental payments shall be paid to the City not later than thirty (30) days
after the close of the Foundation's fiscal year. The disposition of remaining funds will be
at the discretion of the Board of Directors of the Foundation, except that all funds must
be used for the improvement of the course and facilities or to establish suitable
reserves for maintenance, improvement and debt service.
LEASE NOT ASSIGNABLE
WITHOUT'CONSENT
3. It is expressly agreed between the parties that this lease shall not be
assignable to any other person, firm or corporation without the express written consent
of the City, which consent may be granted ~r denied in the sole discretion of said City.
USE AS PUBLIC GOLF COURSE
4. It is understood between the parties that the real property, which is the
subject of this lease, will not be used in any manner other than as a public golf course
facility. The Foundation may use the facility for charitable and educational purposes to
benefit youth golf programs run by the Foundation.
FOUNDATION COVENANTS TO
KEEP AND MAINTAIN A GOLF COURSE
5. The Foundation covenants that it will keep and maintain upon the real
property an 18 hole golf course, together with incidental improvements and will use,
occupy and make available, as herein contemplated, such premises as a golf course
and related facilities for pleasure, recreation and other purposes consistent with such
golf course operation. During the term of the within lease and any extensions thereof,
such golf course shall be operated and the facilities shall be open for usage during the
normal hours of operation of the same or similar facilities in the area; provided,
however, that at reasonable times portions of such course may be closed for necessary
repair and/or reconstruction and/or maintenance.
2
, . I ~ I;' ,'. . f' " " .,...:.,., . . . \. I' ~ '.: " " - .., . " .: , ' , _ .,' . . < .' ! .. '. . 1 .'
AVAILABILITY OF GOLF TO THE PUBLIC
6. The Foundation, in its operation of the course shall, at all times, subject to
reasonable rules and regulations common to other similar facilities in the area, make
such course available to the public on payment of reasonable green fees. The
Foundation will, at all times, conduct its operation in such a manner as will be
conducive to greens fee play and will undertake any and all reasonable acts to insure
that the public is aware that such course is available for greens fee play and will make
reasonable efforts to see that the prevailing atmosphere at the Foundation will be such
that greens fee players will feel welcome to use the facility. The provisions of this
paragraph shall be a material part of this lease.
GREENS FEE PLAYERS
RIGHTS AND OBLIGATIONS
7. The City recognizes the right of the Foundation to require greens fee players
to comply with rules and regulations. Failure of greens fee players to comply with
established rules and regulations may, at the discretion of the Foundation management
result in loss of playing privileges. Any complaints relating to play by greens fee players
shall be referred to the Liaison Committee established herein for appropriate action.
FACiliTIES AVAILABLE
TO CITY
8. The Foundation agrees to make Clubhouse and facilities described herein
available to the City for City sponsored events to use five (5) times per year at no cost
to the city, based upon availability. Any additional useages will be paid at the rate of
$15.00 per hour.
USE AND CARE OF PREMISES
9. The Foundation covenants and agrees that it will, at all times, keep, maintain
and operate such course and the facilities thereon, or in any way connected therewith,
in a good and prudent manner to the end that such course shall be kept in good,
playable condition. The Foundation agrees that it will keep and maintain, in good repair,
all permanent improvements, such as buildings, and water systems, including the
making of necessary replacements and/or repairs even though the making of such
repairs and improvements shall extend the life of such facility or facilities beyond the
expressed date of this lease. Foundation and City Parks and Recreation Director shall
meet annually to mutually agree upon a capital improvement program to be
implemented by the Foundation.
3
" . " '\,;,t'\\,'~" ~" 't.'" ,'", , ~~" ""', ~..\' ,/,..' . ' ~', :f~'~ ' ',[ J~!"'f ~ ',:' '.'
LANDSCAPING
10. As a condition to this lease, the Foundation must upgrade the landscaping
along the Court Street corridor consistent with all applicable city codes and consistent
with the median landscaping design on Gulf to Bay Boulevard and Court Street. The
City will provide the landscape design and shall approve the installation. All work must
be completed within eighteen (18) months from the date of this lease. The
Foundation's failure to install the landscaping within the prescribed time shall result in a
default of this lease without any further obligation on the part of the City. The
landscape design to be used by the Foundation shall be used as an educational
program for the school in completion of this project.
NO PERMANENT COURSE LAYOUT CHANGES
WITHOUT WRITTEN CONSENT OF CITY
11. The Foundation covenants and agrees that no permanent change in the
layout of the course shall be made except with the express written consent of the City,
which shall not be unreasonably withheld. All duties of construction, repair, alteration or
maintenance imposed by the within lease are. and shall be separate expenses of the
Foundation and shall never directly or indirectly be chargeable to the City nor in any
way be a mechanic's or materialmen's lien or charge upon any lands.
LEASE MAY BE RECORDED TO PROTECT
CITY AGAINST LIENS
12. This instrument may be recorded in the public records of Pinel/as County,
Florida, and all persons, firms or corporations whomsoever are called upon to take due
notice of these limitations and the superior rights of the City herein.
NO PERMANENT STRUCTURES TO BE REMOVED
13. No permanent structure, once constructed, shall be removed from the
premises or materially altered except with written consent of the City which shall not be
unreasonably withheld and all persons, firms or corporations are expressly called upon
to take due notice of the requirements of this lease.
CITY RESERVED RIGHT
TO DRAINAGE, UTILITY LINES, ROADS, ETC.
14. The City reserves at all times during the term of this Lease or any extension
or renewal thereof the continuing right but not the obligation to utilize any portion of the
leased premises for drainage, laying and maintaining utility lines or facilities, including
roads, or other necessary rights of way, provided, nevertheless, the City shall use its
best efforts to adopt such route or routes as will be reasonable and economically
feasible to minimize interference with the purposes of this Lease.
4
...
'"
" .. '" ~ , ' 1. "'f".,J ' .. '. ,',~ ' '~ ' .,~ " -, , , " . . . ~ e ,. f{' " " ' " ~ ., ) " , ' . ,
BANKRUPTCY OR DEFAULT,
CITY HAS OPTION TO TERMINATE
15. Should the Foundation hereinafter be adjudged bankrupt or become
insolvent or in any other way be financially unable to keep the covenants of this Lease,
the City may at its option, terminate the lease, as though for breach of any other
covenant.
FOUNDATION WILL PERFORM ITS OBLIGATIONS
16. The Foundation, in the performance of the covenants contained in this
lease, shall at all times do or perform such acts or actions as shall be reasonably
required by the context of this lease to fully perform its obligations hereunder, and shall,
conversely I refrain from doing or permitting to be done any acts or actions which would
jeopardize either its performance or ability to perform the covenants contained herein or
the payment of rentals contemplated by the parties.
CONSTRUCTION OF NEW CLUBHOUSE
17. As a condition to this lease, the Foundation must remove the existing
clubhouse and construct a new 4,400 square foot clubhouse. If both parties agree that
a new building cannot be constructed on the site due to topography and/or course
layout functionality, then renovation and expansion of the existing building shall include
bringing the total on the roof square footage to 4,400 square feet. The renovation
design must have a value of at least $100,000. The City must approve the design, site
plan, and construction of the new clubhouse or renovation and a Certificate of
Occupancy must be obtained by the Foundation within thirty (30) months from the date
of this lease. Foundation's failure to construct or renovate the new clubhouse within the
prescribed time shall result in a default of this lease without any further obligation on the
part of the City.
INSURANCE, INDEMNIFICATION AND HOLD HARMLESS
18. The Foundation agrees to inderruiify and hold the City and its employees
harmless from and against any and all claims, demands, and causes of action or
lawsuits of whatever kind or character arising directly or indirectly from this agreement
or the performance hereof. This indemnity clause includes, but is not limited to, claims,
demands, causes of action or lawsuits for damages or injuries to goods, wares,
merchandise and property and for any bodily or personal injury or loss of life in, upon or
about the property.
The Foundation shall obtain at its own expense, and maintain during the term
of this agreement, the insurance coverages set forth below:
5
..I ' " . '. ~~ \. " ~'" . r " J , . , ,,' I , ' . .. '- t , ' II .,' '. , "
(1) Property Insurance - Real property including improvements or
additions shall be insured.
a. Form - All Risk Coverage - Coverage shall be no more restrictive than
that afforded by the latest edition of Insurance Services Office forms
CF0011, CF0013, CF0420, and CF1210. If available, sinkhole insurance is
to be included. If the provisions of the Foundation's All Risk Coverage do
not include sinkholes and the unavailability of such coverage is verified by
the City's insurance consultants, the Foundation shall be deemed to be in
compliance with this paragraph.
b. Amount of Insurance - The amount of coverage shall be the full insurable
value on a replacement cost basis.
c. Flood Insurance - When building or structures are located within an
identified special flood hazard area, flood insurance shall be provided for the
total insurable value of such buildings or structures or the maximum of flood
insurance coverage available under the National Flood Insurance Program,
whichever is less.
(2) Boiler and Machinery Insurance - If the buildings or structures include
boiler(s), pressure vessel(s), or air conditioning/heating equipment,
the Foundation shall maintai,n comprehensive insurance covering loss
on the property included liability for damage to property of others.
a. Repair and Replacement.
b. Amount of Insurance - $1,000,000.00 per accident
(3) Comprehensive General Liability 0 Coverage shall be afforded on a
form no more restrictive that the latest edition of the Comprehensive
General Liability policy filed by the Insurance Services Office and
shall include:
a. Minimum limits of $1,000,000.00 per occurrence combined
single limits for bodily injury liability, personal injury, and property
damage liability.
b. Premises and Operation.
b. Independent Contractors.
c. Products or Completed Operations.
d. Personal Injury Coverage with employees and contractual
exclusions removed.
6
iI.:.<
aI-..
-
(- , .. I J . ' 'I '. .';',:J' ,. " . \ ' ... '.. ~' "~' " 1 t , it
e. Liquor Law Liability, if applicable.
f. Golf carts or other golfing appurtenances, not owned by the
Foundation but brought onto the property by others.
(4) Business Auto Policy - Coverage shall be afforded on a form no more
restrictive than the latest edition of the Business Auto Policy filed by the
Insurance Services Office and shall include:
a. Minimum limits of $1,000,000.00 per occurrence, combined single
limits for bodily injury liability and property damage liability.
b. Coverage on all vehicles (owned, hired, and non-owned).
(5) Workers Compensation - Coverage shall apply for all employees for
statutory limits in compliance with the applicable State and Federal laws. In addition,
the policy shall include employer's liability with a limit of $500,000.00 for each accident.
If the State of Florida approves the self-insured status of the Foundation, the City
agrees to recognize and accept such status upon proof of such approval.
Other Requirements.
(1) The City shall be names as an additional insured on all insurance
policies required under this agreement.
(2) Copies of insurance certificates for all insurance required by the
agreement, and copies of all insurance policies covering insurance
required by this agreement, shall be furnished to the City Clerk of the
City prior to the use of the property.
(3) Not less than sixty (60) days notice of cancellation or restricted
modifications of any insurance policy providing the coverage required
by this agreement shall be required on all insurance policies.
COMPLIANCE WITH EXISTING LAWS AND REGULATIONS
19. The Foundation agrees that in its use and occupancy of the leased property
it will comply with all applicable laws, rules, regulations and ordinances of every
governmental body or agency whose authority extends to the leased property or to any
operations conducted upon the leased property, whether or not such laws, rules,
regulations or ordinances are mentioned herein.
7
..~,~
'. f' ",'" ,''.,.' ' '.' ... , . ~>t!, .' ft'. ' : ',,' ".J'~" ,
FOUNDATION TO SUPPLY AUDIT BY C.P.A.
20. The Foundation agrees for determination of the cash rental to be paid
hereunder that it shall at least annually, in each year of the term of this lease, at its own
cost, furnish to the City a complete audit of its operations, prepared by a Certified
Public Accountant, together with such interim accounts as may from time to time be
requested. Such annual statement shall be furnished within thirty (30) days after the
close of the Foundation's fiscal year. The Foundation shall further submit to the Parks &
Recreation Director and annual report of course operation.
RIGHT OF ENTRY BY CITY
21. Agents of the City shall be afforded the right at all reasonable times to enter
upon the leased property for the purpose of inspecting the leased property and the
Foundation's other facilities.
OBLIGATION TO PAY TAXES
22. The Foundation agrees to pay any federal, state or local taxes which may be
levied on the property or any improvements or uses placed thereon, but it is agreed that
the uses herein serve a public and municipal purpose and the parties do not waive any
exemptions permitted by law.
WRITTEN CONSENT OF CITY NECESSARY FOR ANY CHANGES
23. Foundation must get City approval which shall not be unreasonably withheld
to remove, demolish, remodel or replace any building or other structure on the leased
land.
LIAISON COMMITTEE
24. The parties agree to maintain a Liaison Committee. The purpose of the
Committee is for the continued exchange of information between the parties and to
eliminate problems or misunderstandings as well as to keep open the lines of
communication between the City and the Foundation. The parties herein establish a
Liaison Committee consisting of at least one member of the Board of Directors of the
Foundation and the City Parks and Recreation Director. The parties contemplate that
the Committee shall meet and discuss any matter of mutual concern, including
complaints by greens fee players or other Clearwater residents concerning the
operation of the Foundation. The Board of Directors of the Foundation will make an
investigation of any such complaint and its findings together with the resultant action
taken will be reported back through the Committee to the City. This liaison function of
the Committee is not limited to the handling of complaints, nor is it intended to supplant
any other channels of communication established or normally observed, between the
City and the Foundation.
8
" , .' ' I 't-" I . ." , ' , ~
TERMINATION
25. City may terminate this lease with thirty (30) day's written notice to the
Foundation if Foundation violates any provision of this lease or fails to cure any alleged
default. City may also terminate this lease for any municipal purpose consistent with
City Charter by giving one (1) year written notice to Foundation.
City and Foundation agree that any violation of this lease agreement shall be
cause for termination of this lease agreement and any other lease agreement the
Foundation has with the City. Such termination shall be governed by the termination
provisions in each respective lease agreement between the City and Foundation.
HOLDOVER AFTER TERMINATION
ON MONTH TO MONTH BASIS
26. If the Foundation, with the consent of the City, continues in possession of
the leased property after expiration of the term of this lease, then the Foundation will be
deemed to be holding the leased property on a month to month tenancy subject to all of
the other provisions of this lease, but such tenancy by sufferance of the Foundation
shall not be construed as a waiver of any right hereunder conferred upon the City.
FAILURE TO ACT BY CITY NOT A WAIVER
27. Failure of the City to insist upon performance of any covenant hereunder
shall not be deemed to be a waiver of the right to insist upon full performance at any
subsequent time.
AMENDMENTS MUST BE IN WRITING
28. Any additions or modifications to this lease shall be in writing and shall be
executed by both parties and no oral agreement shall be effective to change or modify
the terms of this lease.
IN WITNESS WHEREOF, the parties have executed this Agreement the day and
year first above written.
CHI CHI RODRIGUEZ,
YOUTH FOUNDATION, INC.
By:
CITY OF CLEARWATER
By:
William C. Hayes
President
Michael J. Roberto
City Manager
9
~ \' . .'. . " L' . . . , ' \ " t "
..
"
[Continuation of Signature Page of Lease Agreement between City of Clearwater,
Florida and Chi Chi Rodriguez, Youth Foundation, Inc.]
-.
By:
Secretary
Brian J. Aungst
Mayor-Commissioner
ATTEST:
Cynthia E. Goudeau
City Clerk
Approved as to form:
John Carassas
Assistant City Attorney
S:/Agreement ChiChiRYF-Lease
10
." (, : ' ... "',
, ~ .,." -.".",.: '."'. ",(, ~
EXHIBIT "A"
Commence at the Northeast comer of the Southeast 1/4 of Section 15, Township 29
South, Range 15 East; thence run N 89015'59" W., 30.00 feet; thence run S 0000'21"
E., 50.00 feet to the point of beginning; thence run N 89015'59" W., 1300.68 feet;
thence run S 0004'58" W., 1229.58 feet; thence run S 89011'25" E., 666.36 feet; thence
run N 0003'11" E., 784.67 feet; thence run S 89019'00" E., 505.40 feet; thence run N
0000'21" W., 375.36 feet; thence run S 89015'59" E., 130.01 feet; thence run N 0000'21"
W., 70.01 feet to the P.O.B. together with Lots 2 through 7, Block C, Druid Heights, as
recorded in Plat Book 24, Page 64, of the Public Records of Pinellas County, Florida.
11
. ' " . ,,' . . ' ' ., ,,' f, fl'. ~. .: ".. \ : ( '. ,. .
"
f~~
f U\~J.
Clearwater City CommIssion
Agenda Cover Memorandum
Q+ u.k~.s (" 8'
Worksession Item #:
Final Agenda Item It
Meeting Date: J. J 0 . (;()
SUBJECT/RECOMMENDATION: Approve a 15 year extension from November 13, 2010, to November
12, 2025, between the City of Clearwater and Chi Chi Rodriguez Youth Foundation, Inc., to operate the
North Clearwater Golf Course located on McMullen Booth Road,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Chi Chi Rodriguez Youth Foundation, Inc. (Foundation) has developed and operated the site for the past
14 years. The current lease with the Foundation is scheduled to end on November 12, 2010.
. The Foundation has requested that the lease be extended for an add itional 15 years.
o Staff has negotiated a lease extension (eighth amendment to lease agreement) with the Foundation to
commence in 2010. The following is a list of key items in the tentative lease extension:
~ The Foundation agrees to pay the City three percent (3%) of its gross revenue as property rental during
the 15-year extension. The first year's payment is estimated to be approximately $50,000 based upon
last years s.ubmitted financial statement. For the purposes of this lease, donations to the Foundation are
not considered revenue and are exempt from this provision.
~ All other terms and conditions of the lease agreement and amendments shall remain in full force and
effect.
Reviewed by:
Legal ~~
Budget ~
Purchasing
Risk Mgmt
Info Srvc
Originating Dept:
Parks & Recreation
User Dept.
Parks & Recreation
Attachments
Costs
Total -0-
Submitted by:
City Manager
Printed on recycled paper
NA
Public Works NA
DCMI ACM
QOL Admin ;1;#
Cu rrent FY -0-
Funding Source:
CI
OP
Other
o None
A ro riation Code:
Rev. 2/98
, .' ,I. I . I" i ;.. '... :' ,', .: "". , ' f ,
P~y
EIGHTH AMENDMENT TO LEASE AGREEMENT
THIS Amendment is made and entered into on , 2000,
between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter
"City" and CHI CHI RODRIGUEZ, YOUTH FOUNDATION, INC., a Florida non-profit
corporation, hereinafter "Foundation".
WHEREAS, City and Foundation agree to amend that lease agreement between
the two parties dated November 12, 1985.
NOW THEREFORE, the parties agree as follows:
1. Term - Both parties agree to extend the term of the lease agreement for 15
years beginning November 13, 2010 and ending November 12, 2025.
2. Rent - Both parties agree that as a condition to such extension, the
Foundation agrees to pay City three percent (30k) of its gross revenue as rent during the
15-year extension described herein. Gross revenues include but are not limited to green
fees, cart fees, food, beverages, and merchandise sales, equipment rental, clubhouse
rental, and any other revenues. For the purposes of this lease donations to the
Foundation are not considered revenue and are exempt from this provision.
3. Term~nation - City and Foundation agree that any violation of this lease
agreement shall be cause for termination of this lease agreement and any other lease
agreement the Foundation has with the City. Such termination shall be governed by the
termination provisions in each respective lease agreement between the City and
Foundation.
4. All other terms and conditions of the (ease agreement and amendments
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement the day
and year first above written.
CHI CHI RODRIGUEZ,
YOUTH FOUNDATION, INC.
By:
CITY OF CLEARWATER
By
William C. Hayes
President
Michael J. Roberto
City Manager
,.
"l,
. '. " , . ! . , 1 'Of ': ~I / ' '
,;\ '
. < ,I., ".~\~<'t,. ":.'''.'_' ". '
. '>~~,!,'" .;.
Continuation of signature page to Eighth Amendment to Lease Agreement between City
of Clearwater, Florida and Chi Chi Rodriguez, Youth Foundation, Inc.
By:
Secretary for Chi Chi Rodriguez
Brian J. Aungst
Mayor-Commissioner
ATTEST:
Cynthia E. Goudeau
City Clerk
Approved as to form:
John Carassas
Assistant City Attomey
.,
. \ .' . . .' . . .' . ~
~ ','. '.,: .' .'.' . ~
.--.-
o C~1-
S~€-*'-3(f on I.~O.OO
ONE CITY. ONE FUTURE.
City Attorney's Office
Memorandum
TO:
FROM:
HONORABLE M;E AND CITY COMMISSIONERS
Pamela K. Akin, City Attorney
RE:
Scott v. City of Clearwater
DATE:
January 5, 2000
,
r
An Attorney-Client session with the City Commission regarding possible
settlement of this case is requested.
This lawsuit arises from a fatal automobile/pedestrian accident which
occurred on U.S. 19. Plaintiff's brother was struck and killed by a car driven by a
Clearwater police officer.
PKA:d