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11/01/2001Commission r R3 C/ ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, November 01, 2001 - 6:00 P.M. - Commission Chambers 1. Invocation - Pastor David McAbee of Everybody's Tabernacle. 2. Pledge of Allegiance - Mayor. 3. Presentations: Given a) Home and Neighborhood of the Quarter Presentation b) City Manager's Annual Report 4. Approval of Minutes - 10/4/01 & 10/18/01 - Re 10/4/01 minutes - page 15, pars 7 - Commissioner Jonsor, made motion. Re 10/18/01 minutes - page 19 - Commissioner Janson endorsed, not requested, City Manager personal development plan. ACTION: MINUTES APPROVED AS AMENDED. 7. Citizens to be heard re items not on the Agenda Jeralne Burt requested time to sell or repair her Tangerine Street properties. Karen Van & Chuck Sullivan reported on the success of Jazz Holiday, thanked the City for its support, and distributed t-shirts to the Commission. Anne Garris requested Jazz Holiday fencing at Coachman Park be removed soon. Judy Melges reported "Last Night in the Stacks" was successful fundraiser for new Main Library. Library Foundation Capital Campaign is half way to its goal. She encouraged residents to purchase Clearwater Cooks for Books. PUBLIC HEARINGS ITEM #6 - Public Hearing & First Reading Ord #6877-01 - Vacating the 30 foot roadway, drainage and utility easement lying along the South property line of M&B parcel 22/01 and the North property line of M&B parcel 22/21 in Section 16, Township 29 S., Range 16.E. (First Baptist Church of Clearwater, Inc. V2001-24) ACTION: Approved. Ordinance passed 1st reading. ITEM #7 - Public Hearing& First Reading Ord #6880-01 - Vacating the 10 foot alley which lies adjacent to the East property lines of Lots 9 through 13, inclusive, Block 2, J.H. Rouse's Subdivision, as recorded in Plat Book 4, Page 90 of the Official Records of Hillsborough County, Florida of which Pinellas County was formerly a part. (Howard Jimmie V2001-22) ACTION: Approved. Ordinance passed 1st reading. (3-2 J, EH) ITEM #8 - Public Hearing & First Reading Ord #6881-01 - Vacating the North 17 feet of a 27 foot drainage and utility easement lying along the South property line of Lot 27, Walden Woods Subdivision, as recorded in Plat Book 70, Page 49 of the Official Records of Pinellas County, Florida, less the East 10 feet and the West 10 feet thereof. (O'Hyrn V2001-23) ACTION: Approved. Ordinance passed 1st reading. ITEM #9 - Public Hearing - Amendment to Penny for Pinellas Project list. ACTION: Approved. a11aO1 1 11/01/01 Public Hearing - Second Reading Ordinances ITEM #10 - Ord. #6847-01 - Annexation (& redefining boundary lines of City to include said addition), 1312 State Street, E.A. Marshall Sub, South 71 feet of Lot 10, less West 240 feet thereof. (Clearwater Village LC ANX 01-07-13) ACTION: Ordinance adopted. ITEM #11 - Ord. #6848-01 - Land Use Plan Amendment to Residential Low Medium upon annexation, 1312 State Street, E.A. Marshall Sub, South 71 feet of Lot 10 less West 240 feet thereof. (Clearwater Village LC ANX 01-07-13) ACTION: Ordinance adopted. ITEM #12 - Ord. #6849-01 - MDR Zoning, 1312 State Street, E.A. Marshall Sub, South 71 feet of Lot 10 less West 240 feet thereof. (Clearwater Village LC ANX 01-07-13) ACTION: Ordinance adopted. ITEM #13 - Ord. #6850-01 - Annexation (& redefining boundary lines of City to include said addition), .1015 Ridge Avenue, Highland Pines, Blk 5, Lot 9 (Strom.ANX 01-07-14) ACTION: Ordinance adopted. ITEM #14 - Ord. #6851-01 - Land Use Plan Amendment to Residential Urban upon annexation, 1015 Ridge Avenue (Strom ANX 01-07-14) ACTION: Ordinance adopted. ITEM #15 - Ord. #6852-01 - LMDR Zoning, 1015 Ridge Avenue, Highland Pines, Blk 5, Lot 9 (Strom ANX 01-07-14) ACTION: Ordinance adopted. ITEM #16 - Ord. #6860-01 - Annexation (& redefining boundary lines of City to include said addition), (Wellman ANX 01-07-15) ACTION: Ordinance adopted. ITEM #17 - Ord. #6861-01 - Land Use Plan Amendment to Residential Low upon annexation, 2666 North Terrace Drive, Pinellas Terrace, Lot 4, together with ROW (Wellman ANX 01-07-15) ACTION: Ordinance adopted. ITEM #18 - Ord. #6862-01 - LMDR Zoning, 2666 North Terrace Drive, Pinellas Terrace, Lot 4, together with ROW (Wellman ANX 01-07-15) ACTION: Ordinance adopted. ITEM #19 - Ord. #6863-01 - Annexation (& redefining boundary lines of City to include said addition), 2672 North Terrace Drive, Pinellas Terrace, Lot 5, together with ROW (Glisson ANX 01-07-16) ACTION: Ordinance adopted. ITEM #20 - Ord. #6864-01 - Land Use Plan Amendment to Residential Low upon annexation, 2672 North Terrace Drive, Pinellas Terrace, Lot 5, together with ROW (Glisson ANX 01-07-16) ACTION: Ordinance adopted. al 1a01 2 11/01/01 ITEM #21 - Ord. #6865-01 - LMDR Zoning, 2672 North Terrace Drive, Pinellas Terrace, Lot 5, together with ROW (Glisson ANX 01-07-16) ACTION: Ordinance adopted. ITEM #22 - Ord. #6872-01 - Annexation (& redefining boundary lines of City to include said addition), 1245 Hercules Avenue, Sec 12-29-15, M&B 13/051 (Sabadosh Enterprises ANX 01-07-19) ACTION: Ordinance adopted. ITEM #23 - Ord. #6873-01 - Land Use Plan Amendment to Industrial Limited upon annexation, 1245 Hercules Avenue, Sec 12-29-15, M&B 13/051 (Sabadosh Enterprises ANX 01-07-19) ACTION: Ordinance adopted. ITEM #24 - Ord. #6874-01 - IRT Zoning, 1245 Hercules Avenue, Sec 12-29-15, M&B 13/051 (Sabadosh Enterprises ANX 01-07-19) ACTION: Ordinance adopted. ITEM #25 - Ord. #6875-01. - Vacatin 10-foot alley lying adjacent to the North property lines of Lots 25 thru 28 inclusive of Sunset Point Replat from the West property line of Lot 25 on the West to the West property line of the Pinellas Trail on the East, subject to a drainage and Utility Easement which is retained over the full width thereof (All Around Your Home V2001-20) ACTION: Ordinance adopted. ITEM #26 - Ord. #6878-01 - Amending City's Code of Ordinances relating to waterways and vessels to extend the Clearwater Community Sailing Center wake zone to meet the Clearwater Pass wake zone. ACTION: Ordinance adopted. ITEM #26(a) - Ord. #6879-01 - Vacating portions of the rights-of-way of Ewing Ave., Park St. and Pierce St. to retain a utility easement over the full width of Pierce St. (City of Clearwater V2001-21) ACTION: Continued to 11/15/01 CITY MANAGER REPORTS CONSENT AGENDA (Items #27-37) - Approved as submitted. ITEM #27 - Approval of Purchases per Purchasing Memorandum: 1) Garber Ford Mercury, Inc. Green Cove Springs, FL - Twenty-three (23) 2002 Ford Crown Victoria Police Cruisers; $547,048.00 (GSS/Fleet) 2) Pinellas County Solid Waste, St. Petersburg, FL - Debris disposal service during the contract period: 11/02/2001 through 09/30/2002; $4,085,000.00 (SW) 3) Southern Sewer Equipment, Ft. Pierce, FL - 2002 Sterling L7501 cab and chassis with Vac-Con sewer cleaner; $185,075.00 (GSS/Fleet) a11aO1 3 11/01/01 ITEM #28 - Extend the contract with Knight Enterprises, Clearwater, Florida, for the installation of Gas Mains, Service Lines and Exterior Underground House Piping in the amount of $585,000, which is the second and final renewal option authorized in City of Clearwater Bid 003-00. ITEM #29 - Approve a lease agreement between the YWCA of Tampa Bay, Inc. and the City of Clearwater for the premises located at 612 Franklin Street, Clearwater, Florida, for a period of five years commencing on November 1, 2001, and terminating on October 31, 2006, at a rental of $1.00 per year and the expenditure of $50,000 in Police Department Safe Neighborhood Funds for renovations to the building. ITEM #30 - Accept second year grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $68,700 for 100% funding of two teen programs. ITEM #31 - Award a contract for the Sand Key Fire & Rescue Station No. 51 (01-0041-FI) to Caladesi Construction Company of Largo, Florida, in the amount of $1,283,310 ITEM #32 - Award contract for Enterprise Road Improvements (01-0019-EN) to AJAX Paving Industries, Inc. of Nokomis, Florida for the sum of $591,885.00. ITEM #33 - Award the 2001 Sidewalk/Curb Contract (01-0021-EN) to Keystone Excavators, Inc. of Oldsmar, Florida for the sum of $932,350.00. ITEM #34 - Approve the final plat for Hillcrest Gardens Subdivision located approximately 250 ft. South of Druid Road lying along the East side of Hillcrest Avenue. ITEM #35 - Approve an agreement for Professional Services - Downtown Parking Needs Assessment / Feasibility Study with Urbitran Associates, Inc. to conduct a comprehensive downtown parking study at a cost of $98,000.00. ITEM #36 - CDBG, HOME and SHIP Subrecipients Agreement FY 2001-02 Consolidated Action Plan. ITEM #37 - Settlement with Nelson Construction OTHER ITEMS ON CITY MANAGER REPORT ITEM #38 - Res. #01-41 - Authorizing execution of the Third Amendment to Joint Project Agreement to construct a new Memorial Causeway East Bridge. ACTION: Approved. Resolution; adopted. ITEM #39 - Approve a Property Exchange Agreement with Pinellas County for exchange of property necessary for construction of the new Memorial Causeway Bridge, at a cost to the City of $270,752. ACTION: Approved. ITEM #40 - Authorize establishment of "Ernergency Operations" Project in the amount of $286,772. ACTION: Approved. (4-1 EH) al 1 a01 4 11/01/01 ITEM #41 - Res. #01-40 - Emergency Military Leave Supplemental Compensation. ACTION: Approved. Resolution adopted. ITEM #42 - Island Estates Neighborhood Conservation Overlay District Study Committee Appointments ACTION: Appointed Dr. Thomas A. Caleca, Rusty Hoaglin, &Sandy Cole ITEM #43 - First Reading Ord # 6915-01 - Providing for Water and Sewer Revenue Bonds to be issued in one or more series to fund the system capital improvements, and amending Ordinances 3674-84, 5355-93 and 6311-98. ACTION: Approved. Ordinance passed 1st reading. ITEM #44 - First Reading Ord #6855-01 - Increasing the residential and commercial Stormwater Utility rate to $6.13 per Equivalent Residential Unit (ERU) beginning 01/01/2002, to $7.16 per ERU beginning 10/01/2002, to $8.01 per ERU beginning 10/01 /2003, to $8.65 per ERU beginning 10/01 /2004 and to $9.35 per ERU beginning 10/01/2005. ACTION: Approved. Ordinance passed 1st reading. (3-2 J, EH) ITEM #45 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #46 - Other City Attorney Items City Attorney reported Granite Outdoor Advertising had filed a lawsuit against City re sign code. a) City Attorney Contract Amendments ACTION: Approved. (4-1 EH) ITEM #47 - City Manager Verbal Reports City Manager reported Seminole Mayor Dottie Reeder to host meeting re County legislative efforts to curb annexations on 1 1/5/01 at Seminole Recreation Center at 7:00 p.m. Commissioner Hart to attend. City Manager requested Commission to review American Assembly process and scope of work to be prepared by Dr. deHaven- Smith to establish future position. City Manager addressed worksession concern regarding internet cafe sign issue. Owner has removed some signs but signage still does not meet code. Code enforcement to continue. Staff to review proportionality aspects of sign code for future consideration. al 1a01 5 11/01/01 ITEM #48 - Other Commission Action Hart requested staff bring forward as much value engineering as possible on the new Memorial Causeway Bridge to avoid cost overruns & requested reports and information regarding the process. City Manager said staff will work with FDOT, which is responsible for related decisions. Gray complimented CHIP partnership efforts to help the homeless & encouraged the Commission to reaffirm City support. Gray reported the two Tampa Bay Economic Development Council media pieces re economic development are being aired on television Channel 19 and radio WTAN. Gray said she enjoyed this morning's flag dedication ceremony at the. Bayfront and thanked Clearwater High choral group "Windsong" for their performance. Gray reported during her recent visit to Hawaii, that state's legislature, meeting in special session, had approved unanimously a $1-billion economic stimulus package on the session's first day. She said that legislature provides a good example for other states. Gray complimented the City Manager and City Clerk for help in contacting legislators responsible for an economic stimulus package. Jonson distributed a chart and requested the Commission prioritize objectives & establish interim goals. Jonson said he was impressed with his tour of Clearwater Housing Authority properties. Hamilton thanked Herb & Greg Brown for their donation of an American flag for display on the City's Bayfront. Aungst said he also had attended the CHIP breakfast. Aungst said Jazz Holiday had been great. Aunc st expressed concern comments made by Commissioner Jonson during the City Manager evaluation had claimed the Commission had failed citizens by not adopting a Vision. Aungst stated the Commission had validated the Vision in April and had agreed to meet annually to address vision issues. Jonson apologized and expressed concern the Commission had not prioritized its goals. ITEM #49 - Adjournment - 9:52 p.m. a11a01 6 11/01/01 A& City Commission Meeting 11-01-01 note: 10/29/0 iPreliminary (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. 8y/ ti D 0 ®• OOT -7 Cte2mta :FY./1 MAH TOGETMR ',arwaIe ? 00-/ Tr? 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L .. ig S?a ?Ir • Q ??ITEi?,E?' Clearwater City Commission Work session Item #: Final Agenda Itern # Agenda Cover Meet Ing Date: 11/01/01 Memorandum SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the 30 foot roadway, drainage and utility easement lying along the South property line of M&B parcel 22/01 and the North property line of M&B parcel 22/21 in Section 16, Township 29 S., Range 16 E. (AKA 110 North McMullen Booth Road) and pass ordinance Number 6877-01 on first reading, (V2001-24 First Baptist Church of Clearwater, Inc.), D and that the appropriate officials be authorized to execute same. SUMMARY: • The vacation proposed is associated with the redevelopment of the subject property into the new Calvary Baptist Church and school facility, • The City of Clearwater has no utilities in the subject easements, • Florida Power Corporation has no objections to the request. • Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested, provided that the applicant pays the cost of removal of their facilities from the easement. A Pubic Works Administration has no objections to the vacation request, Reviewed by: Originating Dept: Costs N/A Legal Info Srvc N/A Public Works Total Administration ( Steve Doherty Budget ^ N/A Public Works User Dept. Funding Source: Purchasing N/A DCM/ACM ) N/A Current FY CI Risk Mgmt N/A Other N/A Attachments OP Ord. 6877-01 Other Submitted by: Location Map City Manager Appropriation Code: Printed on recycled Daper VACATION 2001-24 First Baptist Church of Clearwater, Inc. A-6 ORDINANCE NO. 6877-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 30-FOOT ROADWAY, DRAINAGE AND UTILITY EASEMENT LYING ADJACENT TO THE SOUTH PROPERTY LINE OF M&B 22/01, AND THE 30-FOO-T ROADWAY, DRAINAGE AND UTILITY EASEMENT LYING ADJACENT TO THE NORTH PROPERTY LINE OF M&B 22/21, SECTION 16, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 110 NORTH MCMULLEN BOOTH ROAD; PROVIDING AN EFFECTIVE DATE. WHEREAS, First Baptist Church of Clearwater, Inc., owner of real property located in the City of Clearwater, has requested that the City vacate the road, utility, drainage easement depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the Cityand 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: the South 30 feet of the N '/ of the N '/z of the NW '/ of Section 16, Township 29 South, Range 16 East, and the North 30 feet of the East 669.05 feet of the S Y4 of the N '/z of the NW % of the NW '/a of Section 16, Township 29 South, Range 16 East, all as specifically set forth in.that certain "Dedication of Easement" recorded in O.R. Book 1408, Pages 74 and 75, Public Records of Pinellas County, Florida is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate 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 Approved as to form: ane C. Hayman Assistant City Attorney Attest: Brian J. Aungst Mayor-Commissioner Cynthia E. Goudeau City Clerk Ordinance No. 6877-01 Location Map FIAS7" BAMST CRVRCH NORTH of Cl,E WATER scale 1 • = 1320' : ft're- Clearwater City Work session Item #; t-Commission Final Agenda Item # Agenda Cover Meeting Date: 11/01/01 Memorandum SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the 10 foot alley Which lies adjacent to the East property lines of Lots 9 through 13, inclusive, Block 2, J. H. Rouse's Subdivision, as recorded in Plat Book 4, Page 90 of the Official Records of Hillsborough County, Florida of which Pinellas County was formerly a part, (AKA 609 Seminole Street), and pass ordinance Number 6880-01 on first reading, (V2001-22 Howard Jimmie), and that the appropriate officials be authorized to execute some. SUMMARY: • The applicant is removing his business from the properties adjacent to the subject alley and has also removed substandard housing structures once served by utilities in the alley. • Florida Power, Time Warner, and Verizon Media Ventures, Inc. have no objection to the vacation request. Verizon has no objections provided that the applicant bears the cost of removal of their facilities. • The City of Clearwater has a sanitary sewer main in the alley that will be abandoned. • Pubic Works Administration has no objections to the vacation request subject to the applicant paying the costs related to removal of Verizon's facilities from the alley. Reviewed by: Legal Budget N/A Purchasing N/A Originating Dept: Info Srvc N/A Public Works Administration )?4 Steve Doherty Public Works User Dept. DCM/ACM i N/A Risk Mgmt N/A Other N/A Submitted by: City Manager Printed on recvcled baoer Attachments Ord. 6880-01 Location Map Costs N/A Total Current FY Appropriation Code: Funding Source: cl OP Other VACATION 2001-22 Howard Jimmie ORDINANCE NO. 6880-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING 10-FOOT ALLEY LYING ADJACENT TO THE EAST PROPERTY LINES OF LOTS 9 THROUGH 13, INCLUSIVE, BLOCK 2, J.H. ROUSE'S SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Howard R. Jimmie, owner of real property adjoining the alley described herein, has requested that the City vacate the alley depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said alley 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: the 10-foot alley lying adjacent to the east property lines of Lots 9 through 13, inclusive, Block 2, J.H. Rouse's Subdivision, as recorded in Plat Book 4, Page 90, Official Records of Hillsborough County, Florida of which Pinellas County was formerly a part 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 described property for the installation and maintenance of any and all public utilities thereon]. 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 Approved as to form: fssn eay an istant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6880-00 NORTH Scale 1" = 1320' U%J C C C C n n PAW PIFIFFc: Location Map How2rd Timm e Seminole Street << s Clearwater City Commission Work session Item #: Final Agenda Item # Agenda. Cover Meeting Date: 11/01/01 Memorandum SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the north 17 feet of a 27 foot drainage and utility easement lying along the south property line of lot 27, Walden Woods Subdivision (AKA 1549 Huntington Lane), as recorded in Plat Book 70, Page 49 of the Official Records of Pinellas County, Florida, less the East 10 feet and the West 10 feet thereof and pass ordinance Number 6881-01 on first reading, (V2001-23 O'Hyrn), Q and that the appropriate officials be authorized to execute some. SUMMARY: + The applicant is seeking the vacation request in order to construct an above ground swimming pool. + The city of Clearwater has no utilities in the subject easement. + Florida Power Corp., Time Warner Communications, Verizon Media Ventures and Verizon have no objections to the vacation requested, Pubic Works Administration has no objections to the vacation request. Reviewed by: Originating Dept: Costs N/A Legal Info Srvc N/A Public Works Total Administration rY' " Steve Dohe ' Budget N/A Public Works User Dept. • Funding Source. Purchasing N/A DCM/ACM 4 N/A Current FY Cl Risk Mgmt N/A Other /A Attachments OP Ord. 6881-01 Other Submitted by: Location Map City Manager Appropriation Code: Printed on recycled nanar ver%erinFu -Inn4_1212 rVu:,_.. IJF ORDINANCE NO. 6881-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE NORTH 17 FEET OF THE 27- FOOT DRAINAGE AND UTILITY EASEMENT LYING ADJACENT TO THE SOUTH PROPERTY LINE OF LOT 27, WALDEN WOODS SUBDIVISION, LESS THE WEST TEN FEEL" AND THE EAST TEN FEET THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Janelle V. O'Hyrn, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds. that said easement 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: North 17 feet of the 27-foot drainage and utility easement lying adjacent to the South property line of Lot 27, Walden Woods Subdivision, as recorded in Plat Book. 70, Page 49, Public Records of Pinellas County, Florida, less the West 10 feet and the East 10 feet thereof is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate 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 roved as to ne C. Hayman U sistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6881-01 0 NORTH SCALE 1 b = 1320' Location Map o:V)Qly 1549 HUNT7NG7'ON LANE W.9 5 .i* r? SUBJECT/RECOMMENDATION: Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # L/ Meeting Date: 11/1/01 Approve increasing Penny for Pinellas funding for the Memorial Causeway bridge by $1,718,559 for a new estimated total of $17,196,384, 0 and that the appropriate officials be authorized to execute same. SUMMARY: On March 6, 1997, the City Commission adopted Ordinance No. 6137-97. The ordinance established the requirement for a special hearing prior to the adoption of the capital improvement budget to discuss the use of Penny for Pinellas tax, and at any time in which there any proposed change to Penny for Pinellas funding of $500,000 or more. • Funding needed for the Memorial Causeway. Bridge project is expected to increase by $1,718,559 per the following detail: • Post Design Services $ 854,800 • Pinellas County (Land, Parking, Landscape) 370,752 m Other 600,000 $1,825,552 Less: Funds Available (1060903) $1,718,559 C This funding will be achieved in the following manner: Additional bond proceeds previously received 1,311,299 Additional Penny for Pinellas cash 407,260 $1,718,559 No projects have been eliminated under this proposal. Reviewed by: Legal Budget jl? Purchasing n/a Risk Mgmt n/a Info Srvc n/a Public Works ^40a DCM/ACM Other Originating Dept: M. Simmons Finance User Dept. City Manager Attachments Org. Notice of Public Hearing Corrected Notice of Pub. Herring Memorial Causeway Bridge Rep. Bridge Penny Changes S Proposed Penny Forecasting 5 Submitted by: i0?' City Manager / ? None Costs Total Current FY n/a Funding Source: n/a Cl OP Other opriation Code: KCV. L/70 tt?p. CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COMMISSION MEETING Thursday, November 1, 2001 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Commission Chambers, in City Hall, 3`d floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas funding of the Memorial Causeway Bridge. Approved Penny Funding for Bridge Design Approved Penny Funding for Bridge Construction Approved Penny Funding for estimated Financing Costs of Bridge Current Approved Penny for Pinellas Funding Anticipated Funding from: Pinellas County State of Florida Federal . Net Approved Penny for Pinellas Funding Proposed Increase in Use of Penny f'or Pinellas Funds Final Projected City use of Penny for Pinellas Funding for Bridge Approved Funding for Bridge Construction from Other City Resources Estimated 'T'otal Cost of Bridge to the City of Clearwater $ 3,040,768 51,100,000 5,107,719 59,248,487 (10,000,000) (13,000,000) (20,770,662) $15,477,825 8,052 559 23,530,384 4,797,233 $28,327,617 A full disclosure of the anticipated bridge costs and funding sources will be discussed at the meeting. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing, Any person who decides to appeal any decision made by the Commission, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY' OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL TI-EE CITY CLERIC DEPT WITH THEIR REQUEST AT (727) 562-4090. C? CITY OF CLEARWATER NOTICE OF PUBLIC HEARING PENNY FOR PINELLAS PROJECTS CITY COMMISSION MEETING Thursday, November 1, 2001 6:00 p.m. A public hearing will be held by the City of Clearwater, in City Commission Chambers, in City Hall, 3rd floor, 112 South Osceola Avenue, Clearwater, Florida, regarding the Penny for Pinellas funding of the Memorial Causeway Bridge. Approved Penny Funding for Bridge Design Approved Penny Funding for Bridge Construction Approved Penny Funding for estimated Financing Costs of Bridge Current Approved Penny for Pinellas Funding Anticipated Funding from: Pinellas County State of Florida Federal Net Approved Penny for Pinellas Funding Proposed Increase in Use of Penny for Pinellas Funds Final Projected City use of Penny for Pinellas Funding for Bridge Approved Funding for Bridge Construction from Other City Resources Estimated Total Cost of Bridge to the City of Clearwater $ 3,040,768 51,100,000 5,107,719 59,248,487 (10,000,000) (13,000,000) (20,770,662) $15,477,825 1,718,559 17,196,384 4,627,485 $21,823,869 A full disclosure of the anticipated bridge costs and funding sources will be discussed at the meeting. Interested parties may appear and be heard at the hearing or file written notice of approval or objection with the City Clerk prior to the hearing. Any person who decides to appeal any decision made by the Commission, with respect to any matter considered at such hearing, will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based per Florida Statute 286.0105. All individuals speaking on public hearing items will be sworn in. Cynthia E. Goudeau, CMC City Clerk City of Clearwater P.O. Box 4748, Clearwater, FL 33758-4748 A COPY OF THIS AD IN LARGE PRINT IS AVAILABLE IN THE CITY CLERK DEPARTMENT. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING SHOULD CALL THE CITY CLERK DEPT WITH THEIR REQUEST AT (727) 5624090. ?Z? %y/o Memorial Causeway Bridge Replacement M. Simmons :• Priw it Budget T km ad Felts 1094 100000 Mills t +- r 1096 20 830 D?trakpriter t Futd 1406 370 301000 1??7?(?nYi` .. ; . ? ' 100@ 880,000 Tt>ansportapori irtipadFees r ' i 1097 310,000 C3it< 7tlx 1007 . x,300,000 ?nsfatn+w;arfgTai?(t'ertny> i99t t,ooo,ooo tnhaiuldtxe,T"i?!%l 1499 1,000000 Tax (Qenrtyy ;,1999 180,768 1nlrsgilfi Tax (Penny) 2000 3;100,001 Federal rtfti ` 2001. Plrtieilas County 2001 . Bond Ifu to ,:- , 2001 48.100 000 A ddi doiW lr 6sb xtn Funds Neeckd 2002 Total Budget To Date ? 6 -010,768 Prior Actual and Estimated t R l t B E s i C Expenditures a e e o r xpen es dge onstruction Costs to be Paid from Memorial Causeway Bridge Project Feasibility Study and Planning 1,109,000 Design 8 Evaluation (PDBE) Design 3,791,768 Post Design Services Right-of-Way Cordes Trust 30,000 WTAN Radio 525,000 Oak Cove 8 Bluff 260,720 Pinellas County•pariung Pmcllas County-Land Pinellas County-Landscape Other 26,210 American Acquisitions 86,000 Subtotal: Right-of-Way 927,930 Construction Cost of Bridge 50,065,077 Loss: Included in Utility Costs Loss: Federal Fund Less: Additional State Less: Projected Interest Earnings Bridge Construction to DOT 50,065,077 Subtotal Expenditures from Memorial Causeway Bridge Project 55,893,775 Other Costs Paid from Other Sources Utilities: Field Survey 50,000 Water Force Main 58,000 Sanitary Sewer Design 93,300 Gas Line Relocation 427,302 Water and Sewer Relocation 1,921,631 Subtotal 2,550,233 Total Costs Paid From Other Sources 2,550,233 Total City Expanses for Construction of Memorial Causeway Bridge 58.444,008 L ells, Revenues to be ReSgjygd Federal 20,770,662 State 13,000,000 County 10,000,000 43,770,662 Estimated City Project Expenses for Memorlat Causeway Bridge 14,673,346 Financing Costs (estimated) Estimated Total Cost to the City Total cost of Project plus financing Plopos•d ? ? Budyet rx .:. t `. ; c100:000 : r t , t r } tw t t, a f S??Y t} °370 h l r, k 30,000 ? . . 3 .880f000 `:; , .:310.000 . ' 1,300,000 11000,000 i t 1..000 000 .. ' 180.788 3,ooo,fwa , . . 5,000,000 23,840,837 . 407,280 (This number will go d6wn if costs' 338, change below.), Proposed Actual and Estimated Expenditures 1,109,000 . 3,701,768 854,800 (This number will be lower.) 30,000 525,000 260,720 200,000 70,752 100,000 626,210 (Estimated) 86,000 1,898,682 54,440,706 (650,171) (20,770,662) (2,500,000) (1.225,458) @3.81% (Estimated -could change) 29,294,415 36,948,665 0 50,000 58,000 93,300 427,302 2,138,883 2,767,485 2,767,485 3- 9.716'150. SjW-Wi la 25% of project costs 5,107,719 CUM= 1978 ,065 31% of total cost 63. .551.77227 13,000,000 10,000,000 23,000,000 C ft Share 18,716,150 26% of project costs 5,107,719 City Share 21,823,869 31% of total cost Increase 69,319,989 5,768,262 .rte; 0 A- Bridge Penny Changes - Proposed November 2001 Increase Constuction Total Funding for Bridge. (excluding Utility Funds for Relocation) Less: Non-Penny Funding Penny Funding for Bridge Financing Penny Funding for estimated Financing Costs of Bridge Total Penny Funding for Construction and Financing Less: Anticipated Reimbursements Pinellas County State of Florida Federal Total Anticipated Reimbursements 10/24/01 M. Simmons Current (Decrease) Proposed 56,000,768 (19,052,103) 36,948,665 1,860,000 1,860,000 54,140,768 (19,052,103) 35,088,665 5,107,719 5,107,719 59,248,487 (10,000,000) (13,000,000) (20,770,662) (43,770,662) (19,052,103) 20,770,662 20,770,662 40,196,384 (10,000,000) (13,000,000) (23,000,000) -.K'- "*aa - .,....,.,-,t ,-.,vr* 7P' r' {frt -r3.Sy?•u. •t•:t?KC""k. S^ ,t ,wt..." _ ...0.:r .=.«at?_.?.,.r,,........,S?xL.,a._..__,.,..?.tlt..-.x,tw..aa.?.,._..C?.3'.,.?._r..,_..,xs:C.w..b?9?,a??$.hY,?.xw..?._...,,»utrst...,......,r,.?.,.?_.___.,._r._•.y...,..._., b._....._x.....l.v_..... .(..,):.? .....,.. ,... ...... Plus Estimated Utility Funding Plus Other Non-Penny Funding Total Cost to City 2,550,233 1,860,000 19,888,058 (1) Eng. CEI Pinellas County Other Excess in Proj. 217,252 1,935,811 854,800 370,752 600,000 (106,993) 2,767,485 1,860,000 21,823,869 1,718,559 (3) (3) Add. Bond Proc. Add. Penny Cash 1,311,299 407,260 1,718,559 a W,: O O N a b S W ? Oi r a` 0 o ti A N N O Pt to O 8 O N O t0 E N O ? O N 8 Qt• tD ? O r O N oO J t0 tD Q ? tff O r N 8 O Qtn U9 8O 0 00 0 N /l Cl O N h a 0 N Q r O 40 NN 88888R8?8?888888888, Y r Y r N N N N r r N N N h d O O m tV N N O Op Oo in O N 9 N tV ppO O N O 4OO9 tD Y O O °o cq O O O O 0 8 O O O o 'J o pp G N O O r O r O N D N ,- CV O O pOp tl1 0 8O_ Q Q O8. Q N N N Q C Qf Cl) 8 C Ul) CL rn a pq popo N O O N co) t9 U) r CA r r r 3 c ~3 m r u°. $ cZ 0. ' O -? G$ a? 40 7 C cr 13 N IL c a LL ?m T m c 4, to a co en cM a0CL + A N 8 h Qt f ? G ID O O, 0 40 1 CO LO Im ; O Ct v to a b% N N m it 7 C O q ? O9 N 6 ES m ?= a to O _ c_ c Z d Q a_ n n .d A y to § CL Clio a o a ??p 9r E 9 T m .. tE? pfd W m ycj e.0 M ti p CO 2 1i .0 c z2aP ?aaaz.cb' c 5a 5 ?3t?t4'?tittt? cHc5s? 888 8§ R 8 8g ? ti r - r A ' OO ? O O CD Ln U- „ D v o ?k n h N v Y N uqt K v N O N y r N 06) O t 7 h NN t ? p CL Wi OV mMtri 00 Ln - r- -0 h I 1A t't tQ ? -I 00 co v^ N Oti O ?A h in ?pp CL ' m t 0 N p ? P. CD O St K AI . to Cl) N N O ,lI lp tt`0 N CL r ' Q r O e toK Om O rt O N r 8 Cli td i7 4n ^ 0 CO in a o 0% Y ? n n t i co r r L7 N t? coo C4 CL ' O O n 0 q C Q A 11 0 th N v to O O to ? m ? n t• to T• V N Cl co O CD co Co -0 ' t D tp O CL O ? m - O f% Ct N '" N O -4 r V N m RkkRk 8k9kk 8§8 88.8 ..E 8°?§ 88°888N8°8 p Nr t - Y " NN NN rr•NNNN C4 o:3 R 0. 888888888 a8°s.e8 a? r 8?.r88 X88 :8!°8 0 80g. I,OA >iflg NN NN rr NNNN CM a J CT I3Q ° 0 ITEM # 10 ??S ORDINANCE NO. 6847-01 2nd Reading 16 AN. ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF STATE STREET, APPROXIMATELY 610 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF THE SOUTHERLY 71 FEET OF LOT 10, E.A. MARSHALL SUBDIVISION, LESS THE WESTERLY 240 FEET THEREOF, WHOSE POST OFFICE ADDRESS IS 1312 STATE STREET, 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 allapplicable 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: The Southerly 71.00 feet of Lot 10, E.A. Marshall Subdivision, according to the map or plat thereof as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, less the Westerly 240.00 feet thereof. (ANX 01-07-•13) 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 irclude 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 October 18, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to fo Alt v ? fir/ h 1 Leslie K. Cbuga11=5id& Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6847-01 R-10 r Ar ,if 0 t -1 ; ALPINE - " RD. . ? -.-- -- -?---- --?? _- ALPINE r 1(?' (' ?? WOODLAWN T-RRAC: ° ?• ?. ROAD y M CONDO. G ?\Y 4 81-15 I '; S•'-- 1-9000 THIS IS NOT A SURVEY 1 •'' r' I 1 i 47C71 3 Tr4r7 A 921 .19 p 0 1965 00? i DR\ R -M-D \84 2 C' 87 2- 5 o 0 1$'? ( ! ? 60 j 1 ? I i j ?f ?I C\' C\j i 10 .c• ? _:: ? ate 1 E. i A. M A R S H A L L 0 S/ i _ R '= U":=:'-:• STATE STREET C ?i f. f, I al 4 C': 1 1 tV I ? D1M ;rpr DR M 1956 1v.,o ? J 19.1? ? ? f9aa. 4S +-5 4 193" ;938 c5 15?, l 11ir L tf 2 4j - , 192: _ Z 1920 Yp 57 1919 1520 158 1913 ?a 27 co 1 O cc 65 54 F97-3 1 6 E V5 < 62 ;v`+ ,,F s l u B. .t ;tj:i?t=, 1 is ?3,k, "•?i. •'.h.'?:li`' '?.,+.lu ;;!?it?.[?ti.+ y? t- '..'de:: 6~ •, cs • i.x 4'`n; ,'' •' . r .t:i, t?t?t?+t??%'i :L:i ,?,y . ,,? ( Lr G ? •?q?`.Tf;: .: ?7i t ? .T<?y ti.i. aa ,F..'?s`?j ;..,'t' ' ? ++. a, .,t~SI t.+ 'k'; .? „y, `r %.1` ts. \1? l .•.;?? .VI t_j 3-44 C UClN TY ; ?C ' R GC i 60 ,1519 ' 5° ??• I w wl R D N C O N ?V ? 2 ?G I^ 1 " - r SUNSE II- I ` PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Clearwater Village L.C. CASE: ANX 01-07-13 SITE: 1312 State Street ; PROPERTY SIZE (ACRES: 0.14 -?? ZONING LAND USE PIN: 03/29115/55548/000/0100 FROM: R- 4 /County Residential Low Medium MDR Residential Low TQ: Medium ATLAS 2518 PAGE: Ordinance No. 6847-01 .mss' 2nd Reading ORDINANCE NO. 6848-01 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 ON THE NORTH SIDE OF STATE STREET, APPROXIMATELY 610 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF THE SOUTHERLY 71 FEET OF LOT 10, E.A. MARSHALL SUBDIVISION, LESS THE WESTERLY 240 FEET THEREOF, WHOSE POST OFFICE ADDRESS IS 1312 STATE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW MEDIUM; 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 Use Category The Southerly 71.00 feet of Lot 10, E.A. Marshall Residential Low Medium Subdivision, according to the map or plat thereof as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, less the Westerly 240.00 feet thereof. (ANX 01-07-13) 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. 6847-01, and 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED October 18, 2001 Brian J. Aungst Mayor-Commissioner A p ved as t or Leslie -K Dougall- es Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6848-01 r COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: C LEARWATER VRLLAGE L. C. 1312 STATE STREET PLAN DESIGNATION:. RESIDENTIAL LOW MEDIUM ATLAS PAGE: 251B SEC. 03 TWP: 29S RGE: 15E COMMUNITY DEVELOPMENT BOARD: SEPTEMBER 18, 2001 Ordinance No. 6848-01 STREE7 ---? -•- ORDINANCE NO. 6849-01 2nd Reading / AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF STATE STREET, APPROXIMATELY 610 FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF THE SOUTHERLY 71 FEET OF LOT 10, E.A. MARSHALL SUBDIVISION, LESS THE WESTERLY 240 FEET THEREOF, WHOSE POST OFFICE ADDRESS IS 1312 STATE STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property The Southerly 71.00 feet of Lot 10, E.A. Marshall Subdivision, according to the map or plat thereof as recorded in Plat Book 3, Page 44, Public Records of Pinellas County, Florida, less the Westerly 240.00 feet thereof. (ANX 01-07-13) Zoning District Medium Density Residential (MDR) 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. 6847-01. PASSED ON FIRST READING October 18, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: I Leslie K. Dougall-Sid; Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6849-01 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Clearwater Village L.C. '. CASE: AN?C 01- 07- 13 SITE: 1312 Mate S greet PROPERTY SIZE (ACRES): 0.14 ZONING LAND USE ! PIN: 03/29/15155548/000/0100 FROM: R-4 /County Residential Low Medium 70: MDR Residential Low Medium ATLAS 2518 PAGE: Ordinance No. 684 9-01 2nd Reading /3 ORDINANCE NO. 685Q-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF RIDGE AVENUE, APPROXIMATELY 240 FEET NORTH OF PALMETTO STREET, CONSISTING OF LOT 9, BLOCK 5, HIGHLAND PINES SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY, WHOSE POST OFFICE ADDRESS IS 1015 RIDGE 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 9, Block 5, Highland Pines Subdivision, according to the plat thereof, as recorded in Plat Book 30, Page 41, Public Records of Pinellas County, Florida, together with abutting right-of-way. (ANX 01-07-14) 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 October 18, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to for Leslie K. Dougall-Side Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6850-01 S + • ' 24/01 rb'•r` ' `.. -T1 ..?:• 7 .r ??, . '' 7? i y w,,,"• W C :D p to O y • o ' le I T- ;O , I _ ?• .. ,,. ?° ? V7 to ? _ EBB DRI DRI . • 3 : ? ' :?y; 1205; . • 1°U8 w;w pg:Tt2?x335?`:;0?. - . _ ti ? - y- . :.? .: ': - ' r ? ,-CLARK; ; • ., o t? . STREET a•a«: := ,•.; r2o2 =•r. •., , ,•• _.. 1201 1201 60 1201 v; .? 1200 1201 1 g 114 113 99 ' 98 2x106 ;2gJ05' f7a%04- ? 4 c'; " • ?. ", .?J' > ,.. > 1 w tgit 931 , . 1117 I 7 1121 1122 Z 1121 1122 539 . . ••' V • ' ?i • _ ' S;•• ? 112 Q 10 T HS IS NOT 07 A : : ? - ? ? .l tir '2 • A :' 7; , ,%: •. ' . : I J 1116 I ; 1118 rrr SURVEY 0 ?: , to: l . ? ?, + A 1 ?? 111 Q 12 1 w y; +n := „a. ^-r: "ce ,.o _,o . . ; p ( 118 Q 111 101 96 .i:L, `.•a.:.rs s.j? ji.,i•: ...r:, .; k ".'.li??. ?.": ° ' C3 111U 1 - `' STREE - - n j 1109 1?5 110 1110 41 44 1f5? • . -- v U 10 101 r _ - 95 117 110 1109 _ 110? ri 74, 1110 1101 1102 1105 ? 1101 Q 1102 1 03 94 118 Z 109 (1101 3 W 1100 ? 1011 1012 .• Q 123 1009 ? lofo W i 04 I 9.3 ' tR' 101 119 I Q ?•? g' 1108 rove ".. _... ; ' ?.LDII W V 100 BONI II :- ": STR.EET° M d g' m 1003 1004 105 1011 1008, 1009 10 120 107 1003 1004 1001 6C) 60 91 10 a f T S ?J1 7 6 2 106 ! ; ,:. `~• -_ C16' 1005 1 to 90 -^ -;: `:.`-?5 %Ct•'.'?.,^.,'.:., - Zkt.` ;:;?.: r?,:,?.•::t.. ;'',3 C? ?+ spy ``?• Y6 :: _ ?:s .'! ^=.7 .w• w,[id? i. ., x+14..--.. ?'? ..t? v?.? ?1'.i'•,?+'. s!• .?•..:Z ?`-...r. ',GV:? .i .7 :rr -_ :r• J '•t.: •r}'`=?.. :..' r--• • , y,.-.?,? •:[?.? :?vi. ?'\y, ... _ y,:?a: r. r"'' 1,p \\ 56 ' h 525 =? 1 J7 56 909 c i N o c 904 60 909 j ? 54A 1ti SAS 6/ 57A 58 16 w 1 ? 3 w _ i 4 c? F z 1 53A f r 52A 52C 58A 59 5i _ r--' 906 1=? 11 g 8 i t 4 - 7 905 ?i Cv'?6'I.A 59A. <3 1 T 900 Li.1 :71 '- -- 60 Q SC O 60A 860 WALNUT a i STREET 0 901 50A 61 :r 4 1 , 2 j 4 -f? j5 6 11 10 9 8 & 805 9 49A -- --- - 830 I ! I i 804 f I I 1 -? --- 62 1 ' 11 } `1 0 S ( 7 12 13 14 15 46 C/] W 62A O } 800 901 i „^ o { 800 901 48A ,. •i Q 63A Q 63 ELMWOODa I - STREET L) *? Q 760 -7 -U,3 1 1 713 f (' ^7 15 10 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Don Strom f CASE: ANX 01-07-14 SITE: 1015 Ridge Avenue PROPERTY R.O.W. SIZE SIZE (ACRES): 0.17 (ACRES): 0.10 ZONING FROM: R-31Gounty LAND USE Residential Urban i PIN: 11/29115/39000/050/0900 TO: LMDR ? i Residential Urban ATLAS 2708 PAGE: PAGE: Ordinance NO. 6850-01 ORDINANCE NO. 6851-01 2nd Reading 141 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 ON THE EAST SIDE OF RIDGE AVENUE, APPROXIWTELY 240 FEET NORTH OF PALMETTO STREET, CONSISTING OF LOT 9, BLOCK 5, HIGHLAND PINES SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY, WHOSE POST OFFICE ADDRESS IS 1015 RIDGE AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; 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 pan; 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 Land Use Category Lot 9, Block 5, Highland Pines Subdivision, Residential Urban according to the plat thereof, as recorded in Plat Book 30, Page 41, Public Records of Pinellas County, Florida, together with abutting right of way. (ANX 01-07-14) 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. 6850-01, and 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney October 18, 2001 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6651-01 SCOTT LAJ W ? W > RL < P-L < STREET R S -V?WOOO AL RV SL BL AV STREET R STREET , r R. STREET V1 STREET A 4 U . , ' j R q I Li 1 - _ STREET ? . R . , R w t t i RU a W x U RV RL RU. z 0 W RL -WEM W W x R w Cr ?m? ; -?, STREET L E STREET COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: DOM STROM 1015 RIDGE AVENUE PLAN DESIGNATION: RESIDENTIAL URBAN ATLAS PAGE: 270B SEC. 11 TWP: 29S RGE: 15E COMMUNITY DEVELOPMENT BOARD: SEPTEMBER 18, 2001 Ordinance No. 6851-01 2nd Reading ORDINANCE NO. 6852-01 /5 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF RIDGE AVENUE, APPROXIMATELY 240 FEET NORTH OF PALMETTO STREET, CONSISTING OF LOT 9, BLOCK 5, HIGHLAND PINES SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY, WHOSE POST OFFICE ADDRESS IS 1015 RIDGE 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 CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 9, Block 5, Highland Pines Subdivision, according to the plat thereof, as recorded in Plat Book 30, Page 41, Public Records of Pinellas County, Florida, together with abutting right of way. (ANX 01-07-14) Zoning District Low Medium Density Residential (LMDR) Section 2. The Planning and Development Services Administrabr 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. 6850-01. PASSED ON FIRST READING October 18, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Side Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6852-01 WEBS DRI o A,'y+ 08 It 535 r•' ,cc.? u7 F-T 1:02 io i l.. 1202 6G 12 01 v, LAJ. 1zor..:.. _ to ?, m. 1zoo rzr? 7LJ I t 1 ?: 1 { 99 Z` to z > I"Zo 24/06 24/05 24101 L 4 < 1117 93itHtl. z ,121 d- ,? :i'• J?.: - 1,31 11.E -4923 1539 ; j 1 i 6 1 1 Z 1 C TMS {S NaT A V 3 %4; : S- $ _ ' 1r1s i suRVE t ?. o 6` - r ra ?. 'ca' ra w 1115 i 111 Q 1118 1117 1201 co.. m t? Q 5 { I 116 Q111 101 96 ,,.LEVE S.TREE !110!) 1110, lroa 1110 95 W, a ` 'O kn? C 2 1;2 ?- 110 - 110/ 1710 110. 1102 "7 z 1101 (? 11oz 1 c, I i i IilS I. _ i 1105 4 101 I 6^ n C. I I v; I i t^ 'r, O c. 0.?+ tp O • two tp w ,•tp 1 { i? G ., 1101 W I, c 11001 1011 1012 I Q i 1009 1010 w 1C ( 93 Q 1015 g•. I 119 ' GC' loo; 1008 y? "Y.MDYt d? W I U BO ?J S.MEET . ° " co Q 1 92 ,.. ? % m 100 ? , 100.1 C 1011 roa8 3 I , loon i` ° o:... loos 120 i G loos loot ec I 60 91 _ . I I r,•. iQ06 1005 11 c, 1 ^_ i 90 •?? 9• ? rG •. • r :?r.. `";j :?\-. 7 ;?• Y ••? ??K ?.: . ? ? 'i:. t.?a,f . • k ?r -•`? ? Cam. t'7 ? C- f?h 1, O ',.tA v c r . }.. •Q t 4 $ 'til . it '? Syr., l '? / O j ? FT .V Ot11. • ^r v:.1.; ''a _4.. ?::. Ll. -:?_. - z°c 5 ?`'?2 `Y _ , r_ C V, 1?O 0. 5, 5 f0? 56 54 909 ( o o c I 90 J 60 52 }\ ^ ?ssA?Eg / { ( 909 szc ?/ SgA? 59 v A 51 ( ?- ?' 906 sos 59A 12 11 I 9 8 L7 900 60 Inn 60A + 860 WALNUT I STREET to 0 901 50A o' Iv i ?:) °? o? o? Q J Q 61? t 61 c = 4° I Q 830 C i 9 9A I 80s I i 804 z i i 10 ' u 7 12 i j I la 15 ag ` ? W ~' 800 I! h cam- ° I!! ct'. ° c i o `? 4 S A ,401 i (( _I ; ; I I ? ; ? ?'; ? i aoo eo1 r• ? .-I U1 ELMWOODo i STREET ° i W 6- Q 6j a - Q 760 i 715 I I e. ^ t ^G I ` ?-? 4?A PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Don Strom { ( CASE: ANX 01-07-14 PROPERTY SIZE (ACRES): 0.17 SITE: 1015 Ridge Avenue I R.O.W. SIZE (ACRES): 0.10 _ ' ZONING LAND USE PIN: 11/29 /15 13 9 0t30/050/0900 FROM: H-3/County Residential Urban TO• LMDR Residential Urban i ATLAS 2708 PAGE: Ordinance No. 5852-01 ORDINANCE NO. 6860-01 2nd Reading /6 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 240 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 4, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE RIGHT-OF-WAY OF NORTH TERRACE DRIVE ABUTTING LOTS 1-4 OF SAID PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 2666 NORTH TERRACE DRIVE, 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 4, Pinellas Terrace, according to the map or plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with the right-of-way of North Terrace Drive abutting Lots 1-4 of said Pinellas Terrace. (ATA ANX 01-07-15) 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 Clerkof 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 October 18, 2001 Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6860-01 go I ? is"9-23751 j , A. Z O 10 -' -Q U tl 13621-713 11. 13 MORNINGSIDE A151 6763-1987 3 14. 1 Q ' ? -=?, 5827-158 l i t 3 p _ .4 .. 6332- ` . A 13 5. I ..t` .. N . 5 A ` ` 5822-1594 Z ? t.iJ 3 to { 1 1..: 0 TWS 11 NOT A 7 A 5668-381 5685_-597 Q . 603T-"1708 •l-': DRIVE 15' U; is Ecse, 14 7O 120 21 23 24 25 25 27 Q.?,^?. I6-2369/ t7 S. 18 ---?--- ;---r---1 -_"? - ---r--- - - - -- I.-- ?w 20 t.E - f5 Eo?"5ollj` S96 i. a 1? i 5656-39t ... r.~---77-7 '. MDR S ° 7' l 1 s ? Co CO .7%/,,?s N RAC $ I ! ?: C,.;` {>1sFa?lr?llaid1 9 l I A 637b=771 TERRACE ` DRI - O it ! :7 I !- . . . . .. t -4813-489 h ^_ _ ?- 'I i I C 36 g restes p uts B f? 4535-1388 3-T56F LZT 63 ?5°'LLI > 3.2544J >r7'•5728-1103 71 ? IE 3 _ p 1 761 1i.f 40 A69a n f2 qu 20 x9087 7.78 A! I.?' 8497.-767 70. ?Ct0: 2110'. 42-11 593-753 ? =LY?71 `* Z '10 2 Z fg? I 9 5655-601 • 6853-1552 y 44 11 s3e-i99e 11 23 .11 0 8 57 ' III 29 161'x= A ! 11011a-641 f I I Esr?ls. 24 { I A 5705-29Z II , i ?6 y4- g. 71 1 t llUal. Eose. I I i! 53;;7341 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Donna J. Wellman CASE: A7A ANX 01-07-15 SITE: 2666 N. Terrace Drive PROPERTY SIZE (ACRES): 0.21 5 R.O.W. SIZE (A CRES): 0.3 ZONING LAND U SE PIN: (35/29118,'71424100010040 FROM: R-3 / County Rosidontlal Low TO: LMDR Residential Low ATLAS 264A PAGE: Exhibit A p I 11 '? ?II 3 I'I. 14 4 i?i 13 S II - ? {l tl t {3?- i 111 10 w I?o la ,J Ordinance No. 6860-01 t- - ORDINANCE NO. 6861-01 2nd Reading 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 ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 240 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 4, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE RIGHT-OF-WAY OF NORTH TERRACE DRIVE ABUTTING LOTS 1-4 OF SAID PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 2666 NORTH TERRACE DRIVE, 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: Propert y Land Use Category Lot 4, Pinellas Terrace, according to the map or plat Residential Low thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with the right-of-way of North Terrace Drive abutting Lots 1-4 of said Pinellas Terrace (ATA ANX 01-07-15) 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. 6860-01, and 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED A p 'ved as to Les ie K. Dougall-Side,s Assistant City Attorney October 18, 2001 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6861-01 CL R/O/R 19 ou ouu i n UKIYG w R /\J L a WOODRING W w w W aa> A p p ? O c r r r z W L lz FL J U O N WMNINGSIDE N TERRACE ' WR TERRACE ' ._.?r RU ?Ls i ? r ? r CL" RU J a z 0 TCG W W iI w Q O L e L TERRACE- Ordinance No. 6861-01 ORDINANCE NO. 6862-01 2nd Reading /S? AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 240 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 4, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE RIGHT-OF-WAY OF NORTH TERRACE DRIVE ABUTTING LOTS 1-4 OF SAID PINELLAS TERRACE, WHOSE POST OFFICE ADDRESS IS 2666 NORTH TERRACE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, andthe zoning atlas of the City is amended, as follows: Propert y Lot 4, Pinellas Terrace, according to the map Or plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with the righ?of--way of North Terrace Drive abutting Lots 1-4 of said Pinellas Terrace (ATA ANX 01-07-15) 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. 686Q01. PASSED ON FIRST READING October 18, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougal -Sid s Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6862.01 TM 17 o II a M i , I i?`- 3: Ir 11' 11-14 198 3 }4 Lrj 479- 375 ltl: 3 ? Ax .5827..=}58 ? 0 4? ?-t?l.-..13 O ? II 13' ... 4• I1 1?j' .?'?'? 4•,:- 6332=: A? I' . I ?j 15-` I 1 L7t06_2369 - - . 33,01 'Edse ?'' t t a:. { ess.048c Utd_ rI• 14 1? 4 I 11 E-•y 1? _ ?c? -5 3 I 7 wl 71 .•• -?•?..; •':?-' '„y1 ..fit-. iq, Ix) 1 Z -t 5822. 159,4 ' d I I9fi96-.1317 :I I • L? 6 11 II 11 6 I'' _1`t ti. "'' THSis NOT A 6 I* t:: • '57 suavEr 1 1 Q I I W 7 t 1 6112r.q$1 : <;:.-'.) ?y. ; :; I 0 L> 7 i 0 ( Ix I} 10' f i:' t o f Rat V 7'` A I ?Y >1 }' • i I ?. f:}:< ?; ' 567 .Z3' `_ 8 I I ''g :. 5668 3971 ( 4685-597 6037. 17Bf I I I I ( 611d=its) • - - MORNINGSIOE t D IVES is' U d. Ease. r '2 417662 17 1? i 9 Z0 21' 23 24 ''25 J? ` L, m tm? JI:E' C15' S .Ea [56 - 1 7. '546" - •: 5656-394 7777 r-- t a :• • 1 :3;?: ??MDR? s ? H ,N :7' I fr.= ? 1 ?.: _; ?,? 1,?,t, aY ' (?'}'.' ??.. i -?: '??• r !rt :1. t ??.1•?v:.r• Ill '1. `_?•?'".:>? RAC ,- `?. ?.t ?? ?? ti _ ? ?!: { e 537f 77t ? ?x..;T?RRACE? ?'?.DRI > +I 6" 37:? lI -4813-48•k.C tY ?" III I ( 36? g.? ?? ' r_y? f r'? L'?`() ? ???? 2+.; •. 1 a I j I :.'...: 1. 4'? t i _ ; S r ?? n L t '7 t •' ?? (l :> ' Y { { 4535 1388 I a3-156 - : ?;) (y}. a'-??, I I.. 6'3' __,3 l 1w 35 I1 ? .r?: ., r'? n '? _:. t _,` ?891??44`dll.??i;:•r Y,,, 67 { 1- 62 ' 3srl 1 ?4 }?° '??72s-it03. ?,;Q 1 4 -.1.a. ,;.: I I_•; , •.:.,- ; 's t Q - -III ?? I ?•, l.: (? ti i'-?• ?.;?1 lIV 2 r;'=yy1?'?:nt-. 44 _? 61 w 4 )t'L' 45 =1 A595 514 j6. 0,27118-3A ':"'='~ ;.' = 9305.2002 ? I I I: Z e 67tg: 508 9087.•=778'* I I A:''84?7.:767,•. j 70 5g`` 14 f. ?p 10' 42 11 11 o J 1 I I 58 43. { { t? ' 9 5693-? 0 83 7-334. -f ? i l 1130 51 I f I' 9' ' .. ,? . 'S.-. 5685-601 i 4 6853-1552 I I . -44 i { 9x5-19e ( ( 23 . I I p g 72 57 I I I i 29 16 T f I 4 i( 10114-641 I: Eslrte. 24 1 f;5705-292 7 34; S6 lutit. Ease. 171 I?8377-33t ?>;'n }I PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Donna J. Wellman I CASE: ATA ANX 01- 07-15 SITE: 2666 N. Terrace Drive PROPERTY SIZE (ACRES): 0.21 R.O.W. SIZE (ACRES): 0.36 _-~ - ZONING ^^? V LAND USE PIN: 05/29/16/71424/000/0040 FROM- R-3 / County Rosldontlal Low TO LMDR Residential Low rATLAS 264A PAGE. Ordinance NO, 6$62-•01 IF':e ORDINANCE NO. 6863-01 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 320 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 5, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2672 NORTH TERRACE DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. /9 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 5, Pinellas Terrace, according to the plat thereof as recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida, together with the abutting right-of-way of North Terrace Drive. (ATA ANX 01-07-16) 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 mapattached 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 Approved as to form-) Leslie K. Dougall-Sa'de" Assistant City Attorney October 18, 2001 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6863-01 9 ? 14 I {, i I ;Y 6763-1,? 7 3 I I 14 3 l? l 14 ?j J 1 3 {{ II 14 3; IL`?.14: 479 2:75 > SS27?i580 `•.,, 4 .. 113 t`z e f' 1 I I 13 .13 '..Q : 4 ` 6332- !6 { D t 6:i 5' 12 -?59a1 L- -_ 0 5262 5641 f f 12 5' I?I I 1 f = 5822 F- Z { 0 5: 1 z b; I lt: ,1 6. I I 11 I i j. 5 5722 9041 TMIS Is NOT A U , SURVEY 1 ?;481 -'1 1 j v 7! i` 10 n I I 10 : I. a.. 7 •? rYa'.10 10• 23 { ?''m 1 ; 5622 {I 4Q ' I 0-341 x695- fi037-1106 g 8 9 8 If. g .; i{ A I • . 13621.713 8 . • i i {. ? 8 9: I i• 9. . { ; _? I 1 I 114-. 61 I' 13:. '- _ MORNINGSID O DRIVE i ., 1. I {. -? iS U il. Ease. n M 14' 2 41-562 to ' ?. 11 .. 1 i v LtoS-23 15. ?r 17'- 18 19. ?0 _-21 24 25`. 26 27 1 chA ? 4 Al 5 - . =' 0C15' S .E0 .255C 595 ;T N r 1R Y.. 5656 394 I 1 2 3 ?, ?>:MnR a j,•6 1.1 ,°? 5 . n j'4. ? 13 - 17 TERRACE . bRIVE? 7 .- .h I I'. I 6376--;771 RACE ?.? D}2 VE s 37 ' I 4et3 aa9 1 1 -r I ! .., I I: 9... J: „ W .. ? y?'i111?1 UUC' I. J > II! , I Its 1 r 2+;t,- t 2 tte {?t , td. 7?11 > 4 t 9 IR MD, ' 1 .63:. rx 38 I I;,:•35, ,. f a{ ,. ,'_ t 83 "1 4 4, 1 J 87: iI 62 39 11'.34 .•5721 nos J i - 4'._ -! I []t 68 ?I { 61 w 40 I I ;3 4,535-14001,1A 6956=a, ?: 5727-3?9a ;: Q 584 Q I ; ?11 o z ?`{ I ,1 `• ?` i 19 I`"J 1= j?' v.. 37, lCr,? i ?-7! 1' j32 l 1 wF C?Jj1 .? 10 A°6219-508 90b?"278'A1(;? 8497?7b7 5643=?? A W 7334 : 71 58 30 15 1 9 Cr. I . ?. 5685=601, A A'6853-1552 - 71 19305-1998 ' -?- 72 I I 57 44 1 11 _29 t' ,? ?,?;--? { I + ({ 10114-641 24: L?>.: I I A, 5M-292 .. r"N 01 ??5 ! 5 73-? 5 ?_l r-s5 171 1 r Utif. Ease, { 1 A b377-341 M I {:" r--- 25 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Elizabeth Glisson ICASE: ATA ANX 01-07-16 SITE: 2672 N. Terrace Drive PROPERTY SIZE (ACRES): 0.21 0 ? R.O.W. SIZ - E (ACRES): 0.1 ZONING ^~--_----_.^--? LAND USE - PIN: 05/29/18/71424/000/0050 FROM: R-3 / County Rosidentlal Low TO: LMOR Residential Low I ATLAS 254A I PAGE: Exhibit A Ordinance No. 6863--01 ITEM # 20 ??- a ORDINANCE NO. 6864-01 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 ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 320 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 5, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2672 NORTH TERRACE DRIVE, 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 Land Use Category Lot 5, Pinellas Terrace, according to the plat thereof Residential Low as recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida, together with the abutting right-of-way of North Terrace Drive. (ATA ANX 01-07-16) 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. 6863-01, and 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED October 18, 2001 Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K` Dougall-Side6 Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6864-01 COUNTYWIDE FUTURE LAND USE PLAN MAP _ NAME: ELIZABETH GLISSON 2672 NORTH TERRACE DRIVE PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC. OS TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD: SEPTEMBER 18, 2001 Ordinance NO. 6864-01 any ?? ORDINANCE NO. 6865-01 K) AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 320 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTNG OF LOT 5, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH THE ABUTTING RIGHT OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2672 NORTH TERRACE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. O?/ 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 CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 5, Pinellas Terrace, according to the plat thereof as recorded in Plat Book 49, Page 52, of the Public Records of Pinellas County, Florida together with the abutting right-of-way of North Terrace Drive. (ATA ANX 01-07-16) 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. 6863-01. PASSED ON FIRST READING October 18, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid S Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6865-01 yA ^.Y' ?_. i ._.. ..` ?,' ?, . _-; . ij( J ° i• ,_ III ?, r• ca Now I f t 1 J l 11 cs Z .5r'22-y041+1515 NOT A SURVEY ` + .?? fr/?`/./? ! Si!% 2-481 Z I I j 4' 1 l? _1 I f ,I .. I. II f?f - I? j '? 1 v 7 I 11 a 0' 7'J ell# Ji, ( f 0?-'97 If 625- ?. .5a17-17061 i1 E-11-71.3 j I i 0 ! t s f11 a_ a ?: a ij; i. 9 11a 9 i (1 1 MORNINGSID Q DRIVE it /?• \• 1...__..,?, yM_,'. ... ! - r ._ ? M - .. ' 1(71C6-2'f .4 (' 25?- 0 2_ 4' 1 a+? .`ni 4 JI 5 rose :._ i - •?. `-o...';=~.y.,?r `?- p? ti ^. 5656-Z94 `_ - -1 A Al JA 'D It Z:.15• 9.14 1??11? N TERRACE DRIVE w..: .?. 163;6-771 - RACE: I . _-DRIVE ----------, C? - t I I ,4313-4891 I • :;: ' =- f;1.11 i _ 5i ?? > I I' 4 i3d8 I A fn3 l56 MD ! ? _ ?1 c: 3' ? :.;° I?I 35 . • 1.0 ?I ? - - - _ - .. _ :L I _..__._ _ l t_, I _ `:.1.4 :?? 1 l' '1 °: ' R3, f 7-c; r ! f' y ; ?II 31.; l I' L.? `r; ( • ?72a-,,a3 - ?'= o ' Lei .1.Q ({ • 4: 3 4a3S-t?CRI I s5958=at j; • 672?=-if83?. _'"`: , - t/?`: 584 +o ti 0 1 ; elr R 32 70.. ij1 III' i ?1 5 + of i ?- I I 9305-^..042 s I Ill, _ i • ' • 621?-5C8 908T: Tl8°rI ?? 84gT-76T ( ? • ._.""._._'.? t".,..._._-- .w....._:..1r 5643-753 j: W - q I I O t`? ( 8377?33t: r----- J I r? 1 r 1. 0 -1.552 a 71Ct 9:10f" `Rflil 1 ' 2:3 ?'j-'i.: ...may ?.{ i? t •` ?ii , v. V-• _' ..-v !?:t? J.^i-r...'?-."a,.-.1 1 ? , !? ?a1 ?i'S "? I 1 _ ? I:w -..ww.t,2•_.... : ? t 71M S S 1 1 ''•? ? I i? i . 2-1 . I I A '57C.5-292 ? I' ?' f O'r I I rl A 1."; :fit ? 5 t 1 PROPOSED 1 ANNEXATION AND ZONING , CLASSIFICATION OWNER: Eli::ab?th Giissan CASE: ATA ANY 01-07-16 _ : 2572 N. SIT ! arrace Drive ??- PROPS?"' SIZE tACRE3r, ._0.21 ' , R.O.W. 51.: (, 1 (:RCa}. 0.10 ZONING LAND USE DINT a4 ,2l rttl.7td:d;00pttlaya t rRO11: R-3 - County Rosldentlat Low ? TO- LMDR Residential Low A T. A 5 2114A p>>h? I Ord-i;mce No. 6865-01 oQ_"2''? ?ea,V,,o , ORDINANCE NO. 6872-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF HERCULES AVENUE, APPROXIMATELY 130 FEET SOUTH OF RANGE ROAD, CONSISTING OF A PORTION OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1245 HERCULES AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION: PROVIDING AN EFFECTIVE DATE. ,2-Z 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 intothe 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: See legal description attached hereto (ATA ANX 01-07-19) Section 2. The provisions of this ordinance are found and determined to be condstent 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 October 18, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: r Leslie K. Dougall-Side Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6872-01 LEGAL DESCRIPTION FOR ATA ANX 01-07-19 Beginning at the Northwest corner of the Southeast'/ of the Northeast'/ of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, then East along Range Road 50 feet, then South parallel to the centerline of Hercules Avenue, 165 feet to Point of Beginning, then East parallel to the centerline of Range Road 233 feet, then South 115 feet parallel to the centerline of Hercules Avenue, then West 233 feet parallel to the centerline of Range Road, then North 115 feet parallel to the centerline of Hercules Avenue to the Point of Beginning. GEN TH Y,., STREET':t? /j??/. t :r, ,''`?^! z+,,f?•. • 44 L:? z r, r. , .4. •?: ) ' < - !i ,:ti - ??t" .1 ?::.•? its SK i 71t "?S•. 03 CARROL• L" T ARROLL- - ' STREET, -?"- ??: a - ?P{-; ?(? >,.. ?. try TMsrs ..?- 400+?t ' Z r v, tt -lilt t >t • 1 t .31 r °' 1 11 3B 37 6 -4 1 O ttD C N Q 6 _3 -`f , " I - z ?' N NN.', N N {c N I ? 2 i •100 .. _ y - RANGE ROAD' i 4eo t. 4 95-187 t ( `•,ri::. Y O z in' rn r. r'Z to cc t. t. U o: o o k r, 0 a ¢ h- ry N 0 c a 13/05 {, N N N N N N N 1'3%041 ??4i??{ 0??#QI z'' 1,3/03 131 T 13-0 11LA 57 -k 57 IRT 06 - 1'31 13/ Lu. 13/0 13/ R :r 1'23 1 /V7 0 104 3 a < 0- .. - :. La _/l?8 U 1185 n - - J? 1,21.2 'D . _ 13/C81 13/082 1175 ! 1169 0 0 co o 1163 N N O "r LO c"t GRAND AVENUE W 5900_134` WEAVER PARK DRIVE ul_ a 1 n sr+ 1065 N O C N N N 1085 Development 1079 Aoreement , 1059 13/14 13/1 41 4 1063 13/13 13/1. r a- 463-1;74 t TRACT TOES 1062 = 1057 E 1060 it 1053 I I 1058 U ;051 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Sabadosh Enterprises, Inc. CASE: ATA ANX 01-07-19 SITE: 1245 Hercules Avenue ( PROPERTY SIZE (ACRES): 0.62 ZONING LAND USE ? PIN: 12/29/15/00000/130/0510 FROM: M-1/county Industlal Limited tRT TO: Industrial Limited ATLAS 2718 PAGE: Exhibit A Ordinance No. 6872-01 `': ..: ; ORDINANCE NO. 6873-01 J 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 ON THE EAST SIDE OF HERCULES AVENUE, APPROXIMATELY 130 FEET SOUTH OF RANGE ROAD, CONSISTING OF A PORTION OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1245 HERCULES AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL LIMITED; 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 Land Use Category See legal descriptions attached hereto Industrial Limited (ATA ANX 01-07-19) 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. 6872-01, and 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 § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED APpr ed as to for CIwl r- Leslie K. Dougall-Sid Assistant City Attorney October 18. 2001 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6873-01 C73 x LEGAL DESCRIPTION FOR ATA ANX 01-07-19 Beginning at the Northwest corner of the Southeast 1/4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, then East along Range Road 50 feet, then South parallel to the centerline of Hercules Avenue, 165 feet to Point of Beginning, then East parallel to the centerline of Range Road 233 feet, then South 115 feet parallel to the centerline of Hercules Avenue, then West 233 feet parallel to the centerline of Range Road, then North 115 feet parallel to the centerline of Hercules Avenue to the Point of Beginning. , , ; : ; , , , , N ' S I COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: SABADOSH ENTERPRISES, INC. 1245 HERCULES AVENUE PLAN DESIGNA'T'ION: INDUSTRIAL LIMITED ATLAS PAGE: 271B SEC. 12 TWP: NS RGE: 15E COMMUNITY DEVELOPMENT BOARD: SEPTEMBER 1S, 2001 Ordinance No . 6873-01 ORDINANCE NO. 6874-01 7y AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF HERCULES AVENUE, APPROXIMATELY 130 FEET SOUTH OF RANGE ROAD, CONSISTING OF A PORTION OF SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1245 HERCULES AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS INDUSTRIAL, RESEARCH & TECHNOLOGY (IRT); 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 CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property See legal description attached hereto (ATA ANX 01-07-19) Zoning District Industrial, Research & Technology (I RT) 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. 6872-01. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED October 18, 2001 Brian J. Aungst Mayor-Commissioner Approved as to form: Leslie K. Dougall-Si e Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6874-01 W LEGAL DESCRIPTION FOR ATA ANX 01-07-19 Beginning at the Northwest corner of the Southeast Y4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East, Pinellas County, Florida, then East along Range Road 50 feet, then South parallel to the centerline of Hercules Avenue, 165 feet to Point of Beginning, then East parallel to the centerline of Range Road 233 feet, then South 115 feet parallel to the centerline of Hercules Avenue, then West 233 feet parallel to the centerline of Range Road, then North 115 feet parallel to the centerline of Hercules Avenue to the Point of Beginning. STREET ' 0 2-3... 2 2 67 '8. 29 f .: 3r% - w '? r Co 01 CARROLL ARROLL . S"ME- -7 T n t 4 00, -'8 37 J / ?? ' J1 I 0 t I ( ` 1.00• I n t ?a "-' 0 ( t t RANGE RQAD- tca St ;?ga_tut, ?O i Z I i .s 1 4! .: e to _ c? . n I . N CC„ v ?o ^ r Q. .. .. J/V`J - 'CV N N '? c'v C N N 1255. _ A SI041 r 1245 1 j?05} . ems. "13/04 1370 Q • ?' , m w.: . IRT ZM/ /C7 ; N 13/082 { e, Q ' - IRT 1175 - v ? I :v N N ° I I •" NIN In N, I MOP- GRAND AVENUE 14WEAVER BARK DRIVE { n I 1069 N I oC 1085 I Je?etc?m«r.t I 106 1073 1 i ??reemant L n a 1063 13 i?/1 { 7R .?C T 1055 1062 Q •05 1060 = I IZ 1053 I w t05a + U 1 1051 i i ` PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Sabac?osh Enterprises, Inc. ! CASE: ATA ANX 01-07-19 ` SITE: 1245 Hercules Avenue ! PROPERTY SIZE (ACRES): 0.62 ZONING LAND USE PIN: 12/29/15/00000/130/0510 FROM: M•1/County Industlal Llmltad T0: IRT Industrial Limited ATLAS 2718 PAGE: Ordinance No. 6874-01 ORDINANCE NO. 6875-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 10-FOOT ALLEY LYING ADJACENT TO THE NORTH PROPERTY LINES OF LOTS 25 THROUGH 28, INCLUSIVE, OF SUNSET POINT REPLAT FROM THE WEST PROPERTY LINE OF LOT 25 ON THE WEST TO THE WEST PROPERTY LINE OF THE PINELLAS TRAIL ON THE EAST, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, All Around Your Home, Inc., owner of real property adjoining the alley described herein, has requested that the City vacate the alley depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said alley 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: The 10-foot alley lying adjacent to the North property lines of Lots 25 through 28, inclusive, of Sunset Point Replat, as recorded in Plat Book 4, Page 25 of the Official Records of Pinellas County, Florida, from the west property line of Lot 25 on the west to the west property line of the Pinellas Trail on the east 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 described property for the installation and maintenance of any and all public utilities thereon. 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 October 18, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: i, n?l Jre C. Hayman Assistant City Attorney Brian J. Aungst Mayor-Commissioner Cynthia E. Goudeau City Clerk Ordinance No. 6875-01 Attest: q: n EXHIBIT "A" Scole 1 » = 100 This is not a survey 21 ' --t 4 2? 31 -12 Utii. Ease. y? 13 14 15 16 17 18 19 20 aca ion equ ste ?y p/i n t 0 1 21 1 22 123 1 24 U14SET POINT 8 0 ell- 8 R u WIN 12 SUNNYDALE 25 2 DRIVE / N r 29 U? A A N 4--56 SUNSET POINT ROAD 6?5 ?43s ? 6' Util. Ease. 28 27 ?O,y 29 31 30 / rA pnO\/n I K C. R. 576 co 2 ?- ? 6 CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING DRAM YAGATiON REQUEST C vAC20MIla -20 o«oc- ALL AROUND YOUR NOME. INC. scst S.°. 10' ALLEY NORTH OF 2 OF E GAK !Lt-tMl-RK 09/15%% LOTS 25-28 SUNSET POINT O -ns-m 251A REPLAT , P.B. 4 Pg.56 em -m *. see ^zz = if ?n d I ?Qtl? ? vu ORDINANCE NO. 6878-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING CHAPTER 33, SECTION 33.067, CODE OF ORDINANCES, RELATING TO WATERWAYS AND VESSELS, TO AMEND DEFINED AREAS FOR SPEED RESTRICTIONS OF VESSELS; PROVIDING AN EFFECTIVE DATE. WHEREAS, there have become growing community concerns for the safety of swimmers, fishermen, and sailing class students on the beach adjacent to the Clearwater Community Sailing Center; and WHEREAS, there are no speed restrictions for vessels accessing this section of beach; WHEREAS, the Marine Advisory Board recommends the Clearwater Community Sailing Center wake zone be extended to meet the Clearwater Pass wake zone; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 33.067 is amended to read: Sec. 33.067. Same-Areas defined. (8) Slow down-minimum wake zone; Clearwater Community Sailing Center. All waters in the following described area are designated as a slow down- minimum wake zone: Begin at the designated wake zone on the southeast corner under the Clearwater Pass Bridge, at marker buoy 11, located at 27degrees 57 minutes 32.7 seconds north, 82 degrees 49 minutes 22.2 seconds west, and continue in a southeast direction to a point approximately 100 yards offshore, then in a southerly direction approximately 700 yards, more or less, to a point marked by a buoy at 27 degrees 57 minutes 16 seconds north, 82 degrees 49 minutes 31 seconds west, then in a westerly direction 100 yards, more or less, to a point approximately on the mean high- water line at the Clearwater Community Sailing Center, located at 27 degrees 57 minutes 17 seconds north, 82 degrees 49 minutes 33 seconds west, then in a northerly direction along the mean high-water line, then to the point of beginning at marker buoy 11. Ordinance No. 6878-01 q Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: October 18, 2001 Brian J. Aungst Mayor-Commissioner Attest: John rassas Cynthia E. Goudeau A sistant City Attorney City Clerk A 2 Ordinance No. 6878-01 N r 40 Agenda: (11/01/01) Item #27 ?j?s m W O C E c4 U E v G 0 E a? at c R L a N W N $ _ r' C1 cn -6 ` C (n •? in c ci co N C r Q7 _ N D cq go C ` .= C 7 cn r- ^ c ca = 1 ( pp r C lL?cO?? O .. cc (b 12 rt 0 ?y y 52 - CN co C N aO` `m' b rg CCU) rn ?_? 2"i cd? I 'o cn a s _ C7C7 a ? D - i E UU u of o c`? sA hi CL V cn 0 m n v'i 3 :3 ' a a > N M co c 7 CDc?a a.Jcr 2 x i, ca CL -j Q } ? N ?S CM 'T N . b ? U'I Q1 ? d (? p 8 O O r N ? ? cn In ? pq ? O '+7 ? U-) p j p O UU,r $ $ N N LO to LO a) O Nvc?D9G Q? O 99 M 8 A c0 C W O p ch co N co co 9 O 4 L ^ c .. N Q Q .. o 44 a as =?v vv a`a n o rn C Ll. t i i fn L c O LL ccoo N d x w ?g? v "9 .?- O ? ' iv E to c m O cn? a o c7i U (1! fn m c\i a s c1 d y ? a. U) D N a' 3 z co 0 E v F L O _ ? N O LO OO y cm -? U cV cc c t6L H E Z` c cm d (D 0 n cm d N 0 Z N N r N W C Ca aL' N O o cn LL W 4 D? O QQ? D C7 yy yy N U Z t- NCL E N 12 > j C7 C7 CL U) O fpell. E a' 88 a r N (1) PWR a7 C a d 0 a CL a 8 }N LL ? m o C y 7 m U C c 6 N W C_ C CL N .W.. O rn? c g U. r cu 0- Clearwater City Commission Worksession Item #: Final Agenda Item # Agenda Cover Meeting Date: Memorandum SUBJECT/RECOMMENDATION: Extend the contract with Knight Enterprises, Clearwater, Florida for a contract period of November 1, 2001, to December 31, 2002, for the Installation of Gas Mains, Service Lines and Exterior Underground House Piping in the amount of $585,000, which is the second and final renewal option authorized in City of Clearwater Bid 003-001 Z and that the appropriate officials be authorized to execute same. SUMMARY: • Knight Enterprises, 6056 Ulmerton Road Clearwater, Florida, is one of Clearwater Gas System's two outside contractors which install Gas Mains, Service Lines, and Underground Exterior House Piping to meet residential and commercial customer requirements in support of gas sales and operations. • Knight Enterprises was the lowest and most responsive bidder on Bid 003-00 and has performed satisfactory work during the current contract period that expires on December 31, 2001. • Knight Enterprises has agreed to hold current pricing on the estimated quantities in Bid 003-00 in the total amount of $585,000 for the new contract period of November 1, 2001 to December 31, 2002. This contract period begins on November 1,.2001 because the $585,000 and authorized increases by the City Manager have been fully utilized. This funding was fully utilized because of the installation of a Double Feed Gas Main on Little Road to Old and New State Route 54 at a cost of $230,881 prior to a major construction project on US 19 and State Route 54 in Pasco County. • Funds in the amount of $468,000 for labor and equipment for Gas Mains and Service Lines will be transferred in the first quarter budget amendment from project System R & R, 315-96364, to project Pasco Gas Mains and Service Lines, 315-96378. There is no impact on the projects from which these funds are withdrawn as we have recently completed a Strategic Plan reassessment of the funding needed by CI P Code. • The remaining $117,000 for labor and materials provided by the contractor is a resale item charged to the customer and will be charged to the codes: Pasco House Piping 423 02174 531100 532 000 ($67,000) and North Pinellas House Piping 423 02178 531100 532 000 ($50,000). Reviewed by: Legal =-7.0 Budget Purchasing Disk Mgmt NA Submitted by: City Manager ,;A Info Srvc NA Originating Dept: Clearwater Gas System Costs Total $585,000 Public Works NA User Dept. \ Funding Source: DCWACM Clearwater Gas System Current $585,000 CI X Tom Sewell, 562-4912 FY Estimated Other NA Attachments: _ OP X Other Printed on rerveled n finer Appropriation Code: 315-96378, 423-02174- 531100.532-000, 423-02178-531100-532-000 D- ')/US! a?llr S?EAI•. *,,? `isz 4 Clearwater City Commission Worksession Item #: Final Agenda Item # Agenda Cover Meeting Date: Memorandum SUBJECT/RECOMMENDATION: Approve a lease agreement to the YWCA of Tampa Bay, Inc. for the premises located at 612 Franklin Street, Clearwater, Florida, for a period of five years commencing on November 1, 2001, and terminating on October 31, 2006, at a rental of $1.00 per year and the expenditure of $50,000 in Police Department Safe Neighborhood Funds for renovations to the building o and that the appropriate officials be authorized to execute same. SUMMARY: • The YWCA of Tampa Bay, Inc. has been awarded $165,000 in grant funding by the Allegany Franciscan Foundation for the creation and operation of a Hispanic community service center in Clearwater to be known as "Centro Apoyo Latino" (Latin Outreach Center). The YWCA's grant application was submitted in partnership with the Clearwater Police Department and specified that the Police Department would provide financial and in-kind support for the project. • Pursuant to that partnership and the implementation of the Latin Outreach Center, the Police Department is seeking approval of a five-year lease between the City and the YWCA for the premises previously known as the Cricket Learning Center, located at 612 Franklin Street adjacent to Police Department Headquarters in downtown Clearwater and owned by the City of Clearwater. • The Hispanic community in Clearwater is the fastest growing population in the City. The 2000 U.S. Census figures reveal that the percentage of Hispanics in Clearwater now represents 9% of the total population, up from 3% in 1999. Experts agree that this number may be underreported, based on preliminary reports that indicate the numbers of undocumented immigrants may be at least 50% higher than official 2000 Census Bureau estimates. • The rapid growth of the Hispanic population has resulted in significant difficulties for the Clearwater Police Department and City of Clearwater government in general. The primary problem is the language barrier. Many of Clearwater's Hispanics have little or no English-speaking ability. The lack of English language proficiency, coupled with a lack of translation services in the area, has led to significant service problems. Police officers are encountering difficulties in the reporting and investigation of crime in the Hispanic communities. Code enforcement officers, customer service representatives, and Parks and Recreation staff are all experiencing similar problems in their attempts to deal with Hispanic clients. • For those Hispanics who are recent immigrants, the language issue is compounded by a lack of Reviewed by: Originating Dept: Costs Legal fir? Info Srvc N/A Police 441e Total 1 $50,000 Budget Public Works N/A Prepared by: Janet Skinner Funding Source: Purch N/A DCM/ACM User Dept. Current -0- CI -0- FY Risk Mgt Police llz? Other N/A OF' -0- Attachments Other $50,000 Submitted by: City Manager X None A=rocriation Code: 181-993x6 Printed on recvcled oader Rev. 2188 knowledge or experience with American-style processes and systems, particularly the role of the police. Many residents have expressed fear of the police, unwillingness to report victimization, and fear of reprisals. This has led to the isolation in many parts of the Hispanic community, which is detrimental to the community at large. • In 1999, the Police Department began a program in partnership with the YWCA of Tampa Bay in an effort to deal with some of these problems. The pilot program was funded through the U.S. Department of Justice and provided funding for contractual interpreter and victim advocacy services in the City's Weed and Seed target area. That program will be continued and expanded next year through Edward Byrne Memorial Grant Program funding in the amount of $65,000. • The Police Department is eager to continue the successful partnership that it has developed with the YWCA to provide services to Clearwater's Hispanic community. In order to effectively address all of the issues confronting Clearwater's Hispanics, a program must have an active outreach component and provide interpretation, victim advocacy, immigration, and child care services. The acquisition of funding from the Allegany Franciscan Foundation will allow the YWCA and the Police Department to create and maintain such a program for a five-year period. Funding for FY 2001/2002 is already confirmed by the Allegany Franciscan Foundation and the Foundation has indicated that it may continue to fund the project for up to an additional two years. The YWCA has a very pro-active development and fundraising component that will obtain funding from a variety of sources to continue the program when Allegany funding expires. • Centro Apoyo Latino/Latin Outreach Center will provide a central " one-stop" facility that will house nearly all of the relevant services needed by Clearwater's Hispanic community. A listing of all the services/programs to be offered at the Center includes; • Bilingual child care services to be provided by the YWCA, a licensed child care provider. The YWCA estimates that it will be able to provide Hispanic women with child care services for their children, 12 months through 4 years of age. In addition, the YWCA has also agreed to give City employees priority for a designated 50% of the slots for provision of discounted child care services. The close proximity of the Police Department, Municipal Services Building and City Hall to the Cricket Learning Center site makes this an ideal location for the Latin Outreach Center and the child care center. • Office space for the Police Department's Hispanic Outreach Officer. This police officer serves as the Department's primary liaison with the Hispanic community and is responsible for organizing and implementing the Police Department's Hispanic Outreach Program. Providing space for this officer at the Latin Outreach Center will make him that much more accessible to the community that he serves. v Interpreter and victim advocacy services provided by the YWCA. This very successful program will be continued and eventually expanded to provide interpreter services not only to the Police Department, but to other City departments as well. 'The program is currently funded by Edward Byrne Memorial Grant funds. The YWCA will be responsible for continued funding of this program for the five-year period of its agreement with the City. • ESOL and Spanish language classes coordinated by the YWCA. The YWCA will coordinate the provision of English For Speakers of Other Languages (ESOL) classes at the Latin Outreach Center so that Hispanics can learn to speak English. This will not only alleviate some of the City's need to provide for interpretation services in the future, but will over time make our Hispanic citizens more employable and eligible for higher paying jobs. At the same time, the YWCA will also make available Spanish language classes to provide City of Clearwater employees, particularly police officers, the opportunity to learn to speak Spanish. 2 0 Health prevention outreach and nutrition education services. The Pinellas County Health Department has agreed to provide these services to Hispanics at the Latin Outreach Center as part of a separate agreement it has entered into with the YWCA. The services will be bilingual and will be presented on a weekly basis. • Multi-purpose training center. Renovation of the Cricket Learning Center will include construction of a large, multi-purpose training center to be jointly used by the YWCA and the City of Clearwater. All City of Clearwater departments would have access to this large and easily accessible meeting room space. • Office space for the Mexican Consulate. The Mexican Consulate office in Orlando has agreed to have a presence in Clearwater's Latin Outreach Center. The primary mission of the Mexican Consulates in the United States is to protect the interests of Mexican citizens, and to promote trade, commerce, and cultural relations between Mexico and the United States. Some of the services and information offered by the Mexican Consulate are visa and passport information, Mexican immigration, and trade information. The provision of office space in the Latin Outreach Center for the Mexican Consulate will enable many of Clearwater's Hispanic residents to access the Consulate's services much more easily. Y Office space for the Government of Hidalgo, Mexico. Currently under negotiation is the inclusion of office space for the Government of Hidalgo, Mexico at the Latin Outreach Center. Hidalgo is the Mexican province that is the original homeland to most of Clearwater's Mexican residents. The Allegany Franciscan Foundation has specified that $115,000 of the $165,000 in grant funds must be spent on operational expenses and that $50,000 may be spent on building renovations. It is estimated that total costs for renovations to the Cricket Learning Center will be approximately $100,000. The Clearwater Police Department will provide $50,000 from its Contraband Forfeiture Fund for the balance of funds needed for renovations. All other costs associated with renovation of the building will be the responsibility of the YWCA. • The YWCA will be responsible for all maintenance of the inside of the premises and for all utility costs, The City will be responsible for all maintenance of the exterior of the premises, including the building and grounds. Either party may terminate the agreement on thirty days written notice if any single item of maintenance or repair exceeds $10,000. • The Allegany Franciscan Foundation grant of $165,000 will be paid directly to the YWCA and there is no required match for the City. The City's cost of $50,000 for renovations to the Cricket Learning Centerwill be charged to the Police Department's Safe Neighborhood Program, 181-99356. • A copy of the agreement is available for review in the City Clerk's Department. 3 LEASE AGREEMENT' THIS LEASE AGREEMENT is made and entered into this 1st day of November, 2001, by and between the CITY OF CLEARWATER, a Florida Municipality, herein called the "Lessor,11 and the YWCA OF TAMPA BAY, a Florida Corporation, non- profit, herein called the "Lessee." This agreement represents the whole and entire agreement between Lessor and Lessee and the following articles and sections are herein incorporated; ARTICLES Article I. TITLE' Article II. TERM Article III. LEASEHOLD Article IV. RIGHTS AND RESPONSIBILITIES Section 1. Use of Premises Section 2. Designated. Parking Area Section 3. Annual Report Required Section 4. Maintenance of Premises Section 5. Repair and Improvements Section 6. Utilities Section 7. Quiet.Enjoyment Article V. LEASE RENTAL FEES AND PAYMENTS Article VI. TAXES Article VII. INSURANCE Section 1. Minimum Scope of Insurance Section 2. Minimum Limits of Insurance Section 3. Additional Named Insured Section 4. Verification of Coverage Article VIII. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damage Section 2. Catastrophic Damage Section 3. Waiver of Recovery Rights Article IX. LIABILITY AND INDEMNIFICATION Article X. AMERICANS WITH DISABILITIES ACT Article XI. NONDISCRIMINATION Section 1. No Exclusion From Use Section 2. No Exclusion From Hire Section 3. Observation of Various Laws Section 4. Breach of Nondiscrimination Covenants Article XII. DISCLAIMER OF WARRANTIES Article XIII. ASSIGNMENT OF LEASE Article XIV. DEFAULT AND TERMINATION Article XV. NOTICE Article XVI. EFFECTIVE DATE W I T N E S S E T H WHEREAS, the Lessor has ownership of and control over the use of the City-owned structures and premises now known as 612 Franklin Street, Clearwater, Florida 33756; and WHEREAS, Lessee desires to use such premises for public purposes; and WHEREAS, Lessor desires to lease out such premises; NOW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this Agreement, the Lessor and Lessee hereby agree as follows: ARTICLE I. TITLE The title of this lease is the YWCA OF TAMPA BAY lease. ARTICLE II. TERM The term of this lease shall be for a period of Five (5) years commencing on the first day of November, 2001 and continuing through the 31st day of October, 2006 (the Termination Date), unless earlier terminated under the terms of this agreement. ARTICLE III. LEASEHOLD The Lessor leases to the Lessee the following described property, including all improvements thereon, located in Pinellas County, Florida, to wit: A parcel of land being the West 24.7 feet of Lot 13, all of Lot 14 and the East 8 feet of Lot 15, Block 7, MAGNOLIA PARK SUBDIVISION, according to the plat thereof, recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida; AND The East 25.3 feet of Lot 13 and the West 10 feet of Lot 12, all in Block 7, MAGNOLIA PARK SUBDIVISION, according to the plat thereof as recorded in Plat Book 3, Page 43, Public Records of Pinellas County, Florida, (ALSO KNOWN AS 612 Franklin Street, Clearwater, Florida.) ARTICLE IV. RIGHTS AND RESPONSIBILITIES Section 1. Use of Premises. 2 a. Lessee shall use the demised premises -for implementation of a Hispanic Community Services Center, to be known as "Centro Apoyo Latino" (Latin Outreach Center) and for no other purpose. b. The Lessee is authorized and agrees to make the leased premises . available for the following listed activities: Bilingual child care services to be provided by the Lessee, a licensed child care provider. The Lessee estimates that it will be able to provide Hispanic women with child care services for their children, 12 months through 4 years of age. In addition, the Lessee has also agreed to grant Lessor's employees priority for a designated 500 of the slots for provision of discounted child care services. Office space for the Lessor's Police Department Hispanic Outreach Officer. This police officer serves as the Clearwater Police Department's primary liaison with the Hispanic community and is responsible for organizing and implementing the Police Department's Hispanic Outreach Program. Interpreter and victim advocacy services provided by the Lessee. The program is currently funded by Edward Byrne Memorial Grant funds. The Lessee will be responsible for continued funding of this program for the five-year period of its agreement with the Lessor. ESOL and Spanish language classes coordinated by the .Lessee. The Lessee will coordinate the provision of English For Speakers of Other Languages (ESOL) classes at the Latin Outreach Center. The Lessee will also make available Spanish language classes to provide Lessor's employees the opportunity to learn to speak Spanish. Health prevention outreach and nutrition education services. The Pinellas County Health Department has agreed to provide these services on a weekly basis through an agreement with the Lessee. Multi purpose training room. Renovation of the premises will include construction of a large, multi-purpose training room to be jointly used by the Lessee and Lessor. Office space for the Mexican Consulate. The Mexican Consulate office in Orlando will be provided space at the premises in order to enable Clearwater's Hispanic residents to access the Consulate's services more easily. Office space could be provided for the Government of Hidalgo, Mexico, based on an agreement between the Lessee and the State of Hidalgo. C. The Lessee is further authorized to make a reasonable charge or charges to the approved group(s) using the premises, said charges to be authorized by the City Manager or his designee and used to defray the cost of maintaining the premises. d. Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises. At the termination of this lease, Lessee agrees to return the premises to the Lessor in as good condition as at the effective date of this agreement, subject only to normal wear and tear. Section 2. Designated Parking Area. Lessee understands and agrees that 3 the primary parking area for its guests is the designated parking area located on the east side of the structure located on the premises. The primary parking area for Lessee's staff is the top level of the MSC Garage at 640 Pierce Street. Section 3. Annual Report Required. The Lessee agrees to submit an annual report to the City Manager, not later than January 31st of each calendar year, summarizing the use and services rendered by the lessee while occupying the leased premises. Section 4. Maintenance of Premises. The Lessee shall properly maintain the leasehold in a clean and orderly condition. The Lessee shall be responsible for maintenance of the interior of the structures and playground located at the premises. The Lessor shall be responsible for maintenance of the exterior of the building and grounds at the premises. In the event that any single item of maintenance or repair exceeds $10,000, the Lessee or Lessor may terminate this lease on thirty days written notice to the other party to this lease. Section 5. Repairs and Improvements. a. Lessee may make whatever repairs, alterations and improvements to the premises it deems necessary, providing that the Lessor first agrees in writing to any such actions to repair, alter or improve the premises. If the property's physical condition falls into a state of disrepair in the opinion of the City Building Official, the Lessor may terminate this Agreement upon fifteen (15) days written notice. b. Repairs, alterations or improvements attached to the premises shall become the property of Lessor upon the termination or expiration of this lease or any extension hereof unless otherwise indicated by Lessor. C. Lessor shall provide $50,000 toward the costs of renovations to the premises. In no event shall Lessor or any of Lessor's property be liable for or chargeable with any expense or lien for work, labor or materials used in the premises, or any improvements, repairs, or alterations thereof in excess of the $50,000 payment for the cost of renovations. Section 6. Utilities. Lessee shall pay all bills for electrical and utility services before such bills become delinquent. . Section 7. Quiet Enjoyment. Upon payment the rents herein required, and upon observing and performing the covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hinderance or interruption by the Lessor. ARTICLE V. LEASE RENTAL FEES AND PAYMENTS For the sum of One Dollar ($1.00), which the receipt and sufficiency of is hereby acknowledged, and in consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee and Lessee accepts from 4 Lessor, this nonexclusive lease, right and privilege to use the property described herein. ARTICLE VI. TAXES Lessee agrees to pay any real property taxes that may be assessed and levied on the property or on the leasehold created by this document. Any taxes due for a portion of any year shall be prorated between the parties. ARTICLE VII. INSURANCE Lessee shall procure and maintain during the term of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with this lease. Section 1. Minimum Scope of Insurance. A Comprehensive General Liability policy and Fire Insurance policy covering the leased premises and Lessee activities occurring thereon shall be obtained and maintained in force by the Lessee. Section 2. Minimum Limits of Insurance. Comprehensive General Liability Insurance procured in accordance with this article shall have minimum coverage limits of $500,000 Bodily Injury and property damage arising out of any one (1) occurrence. Further, Lessor shall, from and after the Commencement Date, keep insured the building(s) upon the premises against loss or damage by fire and windstorm and other covered casualities. Section 3. Additional Named Insured. Each insurance policy issued as a requirement of this agreement shall name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special limitations on the scope of the protection afforded to the Lessor, its officers, employees or volunteers. Section 4. Verification of Coverage. Lessee shall furnish the Lessor with Certificates of Insurance with all endorsements affecting coverage required by this article. These forms shall be received and approved by the Lessor's Risk Manager upon execution of this Lease agreement by both parties to this agreement. ARTICLE VIII. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damage. Any time the building or premises is damaged or destroyed to the extent that the Lessee cannot therefore conduct its activities and the Lessor determines that the demised premises can be restored by making appropriate repairs, Lessee shall effect such repairs expeditiously and to the satisfaction of the City's Building Official. Section 2. Catastrophic Damage. In the event of total destruction of or catastrophic damage to the demised premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. 5 Section 3. Waiver of Recovery Rights. Both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises in the event of damage categorized in Sections 1 and 2 above which is covered by insurance. ARTICLE IX. LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees front and against any and all loss, liability and damages of whatever nature, to persons and property, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property except arising from the negligence or willful misconduct of Lessor or Lessors agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused by or in any manner related to the Premises or Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Lessee in or about the Premises whether or not based on negligence. ARTICLE X. AMERICANS WITH DISABILITIES ACT Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to comply with the Americans With Disabilities Act of 1990 (knows as the "ADA"). These would include modifications to the structure, revisions in operations and supporting communications capabilities and procedures and changes in functional location and layout. ARTICLE XI. NON-DISCRIMINATION Notwithstanding any other provision of this lease agreement, during the performance of this agreement, Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for this agreement, does covenant and agree that: Section 1. No Exclusion From Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the premises on the grounds of race, color, religion, sex, handicap, age, or national origin. Section 2. No Exclusion From Hire. In the construction of any improvements on, over, or under the premises, and the furnishing of services therein or thereon, no person shall be excluded from participation in, denied the benefits of., or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of race, color, religion, sex or national origin. Section 3. Observance of Various Laws. The Lessee shall observe the following laws: Section I of the 14th Amendment, The Equal Pay Act, The Civil Rights Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the standards of Merit System Personnel Administration, Executive order 12246 as amended, Revised Order 4, the Age Discrimination Act of 1967, the 6 -1 4, Rehabilitation Act of 1975, Executive Order 1.1914 and the Americans With Disabilities Act of 1990. Section 4. Breach of Nondiscrimination Covenants. In the event of breach of any of the above nondiscrimination covenants, which breach has been finally adjudicated by an appropriate agency or court of law, the Lessor shall have the right to terminate this lease and to re-enter and repossess the premises and hold the same as if said agreement had never been made or issued. This provision does not become effective until the procedures of 49 Code of Federal Regulations ("CFR") Part 21 have been followed and completed, including expiration of appeal rights. ARTICLE XII. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability and responsibility for or on account of the condition of the Premises, or any portions thereof, or for or on account of anything affecting such conditions. ARTICLE XIII. ASSIGNMENT OF LEASE This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee without the consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. ARTICLE XIV. DEFAULT AND TERMINATION on 1. termination by Lessee in t by Lessee. This Agreement shall be subject to event of the following: Material default by the Lessor in the performance of any of the terms, covenants or conditions of this agreement, and in the failure of the Lessor to remedy, or undertake to remedy, to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same. . Section 2. Termination by Lessor. This Agreement shall be subject to termination by the Lessor in the event of any one or more of the following events: a. Lessor determines the building or property services and serves Lessee b. Lessor determines some casualty that it is premises. at a duly constituted City Commission meeting that (said premises) is needed for other municipal with sixty (60) days notice of such intended use. that the premises are so extensively damaged by impractical or inequitable to repair such leased c. The material default by Lessee in the performance 7 of any of the terms, covenants or conditions of this Lease Agreement, and in the failure of the Lessee to remedy, or undertake to remedy, to Lessor's satisfaction such default for a period of thirty (30) days after receipt of notice from Lessor to remedy same. d. The Lessor determines that a municipal need exists consistent with the City's charter. e. Lessee's vacating or abandoning the premises. Section 3. Exercise. Exercise of the rights of termination set forth in Sections 1 and 2 above shall be by notice to the other party. Forbearance of timely notice shall not be deemed a waiver of any breach. Section 4. Removal, of Property. Upon termination of this agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein. Lessor may effect such removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days notice. Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice. Section 5. Causes of Breach and Waiver. a. Neither party shall be held to be in breach of this Agreement because of.any failure to perform any of its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to a failure of Lessee to provide the amounts of insurance contained in Article VII of this Agreement. b. The waiver of any breach, violation or default in or with respect to the performance or observance of the covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. Section 6. Attorney's Fees. In case suit is brought for recovery of the premises or because of any breach of the Lease, the prevailing party shall be entitled to a reasonable attorney's fee and costs. ARTICLE XV. NOTICE Any notice given by one party to the other in connection with the Lease shall be sent by certified mail, return receipt requested, with postage and fees prepaid: 1. If to the Lessor, addressed to: City Manager City of Clearwater P. 0. Box 4748 Clearwater, Florida 33758-4748 2. If to the Lessee, addressed to: YWCA of Tampa Bay Administrative office 655 Second. Avenue South 8 St. Petersburg, FL 33701 ARTICLE XVI. EFFECTIVE DATE The effective date of this lease shall be the first day of November, 2001. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2001. ACKNOWLEDGENENTS : YWCA of Tampa Bay lease Countersigned: Mayor-Commissioner Approved as to for obert J. urette Assistant City Attorney CITY OF CLEARWATER By: City Manager Attest: Cynthia E. Goudeau City Clerk WITNESSES as to Lessee: YWCA OF TAMPA BAY By: Peggy Sanchez Mills, MPA Chief Executive Officer 9 10/11/2001 13:48 7275624339 CHIEFS OEC PAGE 01 Janet Skinner Assistant Grants Manager Phone: (727) 562-4348 Fax: (727) 562-4339 To: Lois From Janet Skinner Fa = 582-4089 Vages.- 2 Phena Lockheed Martin Date: 10/11101 Re: Agenda Item Attachment CC: ? Urgent For Review ? Please Commemt ? Please Reply C l Please ROCyclo ® Comments-. Per your conversation with Kelly O'Brien, attached is a letter from the Mexican Consulate reference the November 1? agenda item for the 612 Franklin Street project. Chief Klein would like it to be attached to the item. 10/11/2001 13:48 7275624339 OCT 5 2 Qi%ZA FN '01 RECD:? OF Fi'.? , ?. F POLICE. IMF CHIEFS DEC PAGE 02 CONSULADO DE MtXICO October 3, 2001 Ms. Peggy Sanchez-Mills Chief Executive Officer Y'WC.A. of Tampa Day 655 Second Avenue South St. Petersburg, Florida 33701 Dear Ms. Sanchez-Mulls: Congratulations on your receipt of an Allegany Franciscan grant to establish the Centro Apoyo Latino at 618 Franklin Street in Clearwater. It has been very rewarding to watch the growth of your Hspax* outreach initiatives and certainly a centrally located facility in Clearwater will serve to improve the effectiveness of those programs even more. I appreciate your invitation to the Consulate of Mexico to share office space within that facility. Although I understand that there are still many details to be worked out, this letter Nvill conf n our commitment to establish a satellite office of the Consulate of Mexico within your facility as resources allow. Given the large number of Mexican nationals living iza the Clearwater area, this partnership will resent many opportunities and benefits for the YWCA, the City of Clearwater, and Clearwater's Hispanic population- Thank you again for the opportunity, and we look forward to working with you in the coming months as the project progresses. CC'. Sid Klein, Chief of Police Clearwater Police Department 645 Pierce St. Clearwater, Florida 33756 rM Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # Meeting Date: Costs SUBJECT/RECOMMENDATION: Accept second year grant funding and approve the corresponding agreement from the Juvenile Welfare Board totaling $68,700 for 100% funding of two teen programs, ® and that the appropriate officials be authorized to execute same. SUMMARY: • The City of Clearwater Parks and Recreation Department has been awarded second year funding for a three year grant totaling $68,700 for FY 01-02 from the Juvenile Welfare Board. Commission approval is required for each subsequent year of the grant. • Clearwater Parks and Recreation "Charting a Course for Youth" program was developed in 2000 to nurture teenagers at the Clearwater neighborhoods in which teens need the most direction. The program leaders have developed a safe haven for community teens and pre teens ages 12-18; a space that they can call their own at Ross Norton Recreation Complex and Joe DiMaggio Sports Complex. Y To maintain interest and to keep children active in the program, the actual program format, program specifics, and times are developed by the teen groups. Program activities include community service; volunteer activities; sports and games; cultural, performing, and visual arts; field trips; and educational programs such as prevention of HIV/AIDS, teen pregnancy, and drug abuse. Each facility has a room that has been completely dedicated to teens and teen programming equipped with lounge furniture, computers, and video games. • Similar to FY 00/01 the grant will cover 100% of the program that is currently hosted at the Ross Norton and Joe DiMaggio Complexes including one full time Recreation Leader at each facility. The full time Recreation Leader positions were funded in FY 00/01 and will continue to be funded by this grant. • No matching funds are required. There is no requirement to continue the program when the grant ends. • The following special project numbers have been established for accounting purposes: 181-99821 -Juvenile Welfare Board/Joe DiMaggio Sports Complex Teens 2001 181-99822- Juvenile Welfare Board/Ross Norton Complex Teens 2001 • A copy of the agreement is available for review in the City Clerk Department. Reviewed by: Legal Budget Purchasing Risk Mgmt Submitted by'. City Manager Printpd nn rpcvclpd ninpr Originating Dept: Info Srvc NSA Parks & Recreation Dep Public Works Kevin Dunbar, Director DCM/ACM User Dept. Other Parks & Recreation Dep Attachments: ? None Rav_ 71QR Total 68,700 Funding Source: urrent FY 68,700 CI .d id, a l OP Other Grant iation Code: see above AGREEMENT Between THE JUVENILE WELFARE BOARD and City of Clearwater, Florida Parks and Recreation Department (Charting the Course for Youth) 1. PURPOSE The Juvenile Welfare Board of Pinellas County: a Pinellas County special taxing district, whose address is 6698 - 68th Avenue North, Pinellas Park, Florida 33781, hereinafter referred to as "JWB" and the City of Clearwater, Florida, a municipal corporation of Florida, whose address is Post Office Box 4748, Clearwater, Florida 33758-4748, hereinafter referred to as "Provider", enter into this mutual Agreement, including all attachments referred to herein, for the period commencing October 1, 2001 and extending through September 30, 2002. The parties to this contract each in consideration of the undertakings, promises and agreement on the part of the other herein contained, do hereby undertake, promise and agree as follows: 11. STAFF Provider agrees to employ staff, at its expense, to execute services provided in accordance with this Agreement. Such individuals shall not be considered employees of JWB or the County of Pinellas, and are subject to the supervision, personnel practices and policies of the provider. Unless otherwise approved by JWB, all staff shall meet qualifications as stated in the application and any approved revisions, which are submitted for fiscal year 00-01 funding. III. SERVICES Provider agrees to deliver services as stated in the currently approved program methodology on file at JWB and to accomplish objectives stated in Attachment 2 in accordance with recognized child welfare practices, as determined by JWB, in service areas stated in Attachment 3, and pursuant to the General Conditions listed in Attachment 1, and any special conditions as stated in Section VIII of this Agreement. IV. FUNDS The budget for both JWB and other funds (if any) for accomplishing the above stated services shall be as set forth in Attachment 4. JWB agrees to reimburse up to $60,700 for Charting the Course for Youth for actual costs incurred for services rendered pursuant to this Agreement. V. METHOD OF PAYMENT 1. JWB issues reimbursements in accordance with the schedule listed on Attachment 5 (or on the preceding working day in case of a holiday). The Provider may select to submit a request for payment every other week or once a month. Request for payment must be accompanied by the appropriate documentation as prescribed by JWB. 2. Requests for advance funds may be made, consistent with JWB policy. Agency. City of Clearwater Page 1 of 3 9/121013:59 PM Section I VI. TERMINATION 1. It is the intent of the JWB to assure a consistent and orderly delivery of children's services. It is the further intent of JWB to terminate Agreements only in those situations where such action is essential to protection of its interests and the interests of children, as determined by JWB. 2. Except as provided in subparagraphs 3 and 4 below, either party upon no less than thirty (30) days notice may terminate this Agreement. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. 3. In the event funds to finance this Agreement become unavailable, JWB may terminate the contract upon no less than twenty-four (24) hours notice in writing to the Provider. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB shall endeavor, whenever possible. and consistent with its legal obligations and principles of prudent management, to provide 30 days notice for Termination for Lack of Funds. JWB shall be the final authority as to the availability of funds and extension of notice beyond the minimum time herein stated. 4. In addition to the rights as set forth in paragraph VI., 2 above, this Agreement may be terminated by JWB for any breach by Provider of the terms of this Agreement, including all attachments, upon twenty-four (24) hours written notice. Said notice shall be delivered by certified mail, return receipt requested, or in person with proof of delivery. JWB at its discretion may waive any breach by the Provider in writing, but such waiver shall not constitute a waiver of any future breaches, including breaches of the same type. 5. The above provisions shall not limit the Parties right to remedies at law or to damages. VII. COMMENCEMENT OF PAYMENT Unless specifically authorized by JWB, payment for services rendered under this Agreement shall not commence prior to its effective date. Vlll. . SPECIAL CONDITIONS The following candition(s) apply to all listed programs within City of Clearwater. 1 . General Condition #3 (Audit and Management Letter) is waived. 2. General Condition #6 (Board Members and Meetings) is waived. Agency: City of Clearwater Page 2 of 3 91121013:59 PM Section 1 IX INDEMNIFICATION The Parties recognize and agree to abide by the provisions of §768.28, Fla. Stat. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2001. Signed, sealed and delivered JUVENILE WELFARE BOARD OF In the presence of: PINELLAS COUNTY Witness Signature Print Name: Witness Signature Print Name: Executive Director Print Name: DATE IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 2001. Countersigned: CITY OF CLEARWATER, FLORIDA Brian J. Aungst Mayor-Commissioner Approved as to form: Jane C. Hayman Assistant City Attorney By: William B. Horne, II Interim City Manager Attest: Cynthia E. Goudeau City Clerk . Agency. City of Clearwater Page 3 of 3 91121013:59 PM Section I ATTACHMENT 1 GENERAL CONDITIONS OF THE AGREEMENT 1. Agreement Revisions This Agreement, and attachments 1 through 4, constitute the contractual relationship between the Provider and JWB. No amendments to this Agreement or its attachments may be made without the prior written approval of JWB and Provider, except as may be provided in General Condition #4. 2.. Fiscal Responsibility - Provider agrees: A. To maintain books, records and documents in accordance with generally accepted accounting procedures and practices which accurately and appropriately reflect all expenditures of funds listed in Attachment 4. B. That all financial records and supporting documentation shall be subject at all times to inspection, review, or audit by JWB personnel or its duly authorized agent. C. To maintain and file with JWB in a timely fashion reports related to services provided under this Agreement. D. To retain all financial records, supporting documentation, statistical records, and any other documents pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, all records shall be retained until resolution of audit findings. 3. Audit and Management Letter Within 120 days of the close of its fiscal year, Provider agrees to submit to JWB a certified independent fiscal audit of all its corporate activities and any accompanying management letter(s). This audit shall be conducted consistent with American Institute of Certified Public Accountants (AICPA) Standards for Non Profit Organizations or other mutually agreed upon standard. The audit will separately identify JWB revenues, fees and donations, and expenditures by program. 4. Other Financial Support A. Within 30 days of the effective date of this Agreement, and at any subsequent time as a revision in the budget may be reasonably anticipated, Provider will submit to JWB for its approval a revised budget which again includes all resources to be applied to the program funded under this Agreement. A written justification will be made of any difference in the proposed budget revision and the approved budget. Statements which reflect reductions in excess of 5% of total program funding or $5,000, whichever is least, as reflected in the approved budget, or reduction in any amount which in the judgment of JWB would significantly interfere with implementation of the program as originally approved, may be grounds for breach of Agreement. B. Provider will report any request to any other source for financial support relating to this program for this fiscal year; and report any other financial support received which amounts to 10% of the total program cost or $5,000, whichever is least, and an explanation of how such additional funds will be used. A full copy of requests or applications for other financial support will be provided if requested by JWB. C. JWB funds will not be used for expenditures also funded by other sources. D. Generally, JWB encourages use of its funds as financial match for securing funds from other sources. However, in such instances Provider is required to obtain prior approval from JWB. Agency: City of Clearwater Paae 1 Of 3 09/12/013:40:28 PM Section 11 5. Program Monitoring Provider agrees to submit progress reports and other information in such format and at such times as may be prescribed by JWB, and to cooperate in site visits and other on-site monitoring (including, but not limited to, access to sites, staff, fiscal and client records, and logs and the provision of related information). 6. Board Members and Meetings Within 30 days of the effective date of this Agreement, Provider will submit to JWB a calendar of scheduled Board meetings for the current fiscal year. Approved Board minutes and an updated list of Board Members shall be submitted in accordance with JWB policy. 7. Nondiscrimination Programs receiving funding from the Juvenile Welfare Board shall not discriminate against an employee, volunteer, or participant of the provider on the basis of race, color, gender, religion, national origin, citizenship, disability, marital status, or age except that programs may target services for specific participant groups as defined in the application. Additionally, agencies receiving funds shall demonstrate the standards, policies, and practices necessary to render services in a manner that respects the worth of the individual and protects and preserves the dignity of people of diverse cultures, classes, races, religions, and ethnic backgrounds. 8. Publicizing of JWB Support Provider agrees to identify JWB support on its letterhead, agency newsletter, and other printed materials, and to utilize every reasonable opportunity to publicize the support received from JWB. 9. Publications Provider agrees to supply JWB, without charge, up to three (3) copies of any publication developed in connection with implementation of programs addressed by this Agreement. Such publications will state that the program is supported by JWB. Provider agrees that JWB will have unlimited use of copyrighted materials developed under this Agreement. 10. Assignments and Subcontracts Provider shall not assign the responsibility of this Agreement to another party nor subcontract for any of the work contemplated under this Agreement, unless so specified in Attachment 4, without prior written approval of JWB. No such approval by JWB of any assignment or subcontract shall be deemed in any event or in any manner to provide for the incurrence of any obligation by JWB in additon to the total dollar amount stated in this Agreement. All such assignments or subcontracts shall be subject to the conditions of this Agreement and to any conditions of approval that JWB shall deem necessary. 11. Confidential Information Provider shall not use or disclose any information which specifically identifies a recipient of services under this Agreement, with the following exceptions: a) such information may be revealed as may be necessary to implement General Conditions 2 and 5; b) such information may be revealed as may be necessary pursuant to applicable federal, state, or local law and related regulations; and c) such information may be revealed with the written consent of the recipient, or the recipient's responsible parent or guardian, where authorized by law. 12. Return of Funds Provider agrees to return to JWB any overpayment due to unearned funds or funds disallowed pursuant to the terms of this Agreement that were disbursed to Provider by JWB, and such funds shall be considered JWB funds and shall be refunded to JWB in accordance with its instructions. Agency: City of Clearwater Paae 2 Of 3 Section II 09/12/013:40:28 PM s 13. Special Situations Provider agrees to inform JWB in a timely manner of any circumstances or events which may reasonably be considered to jeopardize its capability to continue to meet its obligations under the terms of this Agreement. 14. Provider Staff Membership on Board Provider agrees that provider staff shall not serve as members of the Provider's governing board. 15. Measurable Objectives A. Measurable objectives, objective levels and minimum service levels will be negotiated during the first sixty days of the fiscal year and will be retroactive to October 1st. The measurable objectives, objective levels and minimum service levels of the previous fiscal year shall apply until they are renegotiated. B. In instances when measurable objectives, objective levels and minimum service levels cannot be mutually renegotiated between JWB and the provider, the matter will be referred to the Executive Director of the Juvenile Welfare Board for resolution with the agency. If resolution is not reached at this level the matter will be presented to the Juvenile Welfare Board at their January meeting for further action. 16. Waiver JWB reserves the right to waive requirements of the above stated Agreement and General Conditions where warranted by special circumstances. Agency: City of Clearwater Pacie 3 Of 3 09/12/013:40:28 PM Section 11 Attachment #2 City of Clearwater Charting the Course for Youth Measurable Objectives FY 2000-•2001 During the start up period of program implementation the staff will: 1. Recruit, screen and hire appropriate staff (Two Recreation Leaders) for the two Teen centers: Ross Norton and Joe DiMaggio. 2. Establish and furbish the two Teen Centers: Identify space, furnish and purchase necessary start-up supplies. 3. Purchase and setup computers in each Teen Center. 4. Ensure that staff responsible for submission of SAMIS data are trained by September 30, 2001. 5. Recruit, screen and select Teen Council participants for both Centers. 6. Establish operational procedures for Teen Center Programs: reporting requirements, regular staff meetings, fiscal requirements, program goals and objectives etc. 7. Administer the following assessments to all teen council members when they enter the program (pre): Youth Leadership Life Skills Development Scale Atttitudes Toward Volunteerism Scale School Commitment Scale Minimum Service Levels - SAMIS Case Data Gatherer 40 Teen Council participants (20 per center) Agency: City of Clearwater 1 of 1 9/12/014:04 PM ATTACHMENT 3 GEOGRAPHICAL SERVICE AREA Provider agrees whenever possible to maintain service sites which are accessible by public transportation and convenient to the target client group. Provider will advise JWB of any changes made in service sites. The geographical service area for this agreement is as follows: Program Name Service will be Services will be provided less provided than countywide. Service will countywide be provided in the following zip codes (list all zip codes of the target area) Charting the Course for Youth 33755, 33756, 33759, 33761, 33764, 33765, 33767 Agency: City of Clearwater Page 1 of 1 09/121013:40:28 PM Section IV ATTACHMENT 4 BUDGET(S) The provider will deliver services according to the budget(s) following this page. Revised budgets should be submitted by the provider in accordance with the provision of General Condition 4A as found in Attachment 1 of this agreement. Provider may make budget amendments during the fiscal year in accordance with JWB forms and procedures as delineated in the budget amendment approval guidelines established on 7/19/00. Copies of these guidelines are available from JWB upon request. In many instances, budget amendments require the approval of JWB staff. However, there are instances when providers may amend the budget and then notify the contract manager. In such instances, the following guidelines apply: A. Funded programs shall make adjustments in accordance with forms and procedures as established by JWB staff. B. A change in an individual position salary or fringe expenditure shall be considered as separate line items. The program may make transfers between individual salary and fringe lines, but such transfers may not exceed 10% of individual salary and may not exceed the aggregate amount of approved salary and fringe. C. The program may make transfers between operating expense line items of the JWB Allocation not exceeding $1,500 (except Administrative Cost) per line item, and not exceeding $3,000 in aggregate per amendment. ID. In accordance with the budget amendment approval guidelines, the program may only amend the budget twice per contract year without JWB approval. Additional budget amendment requests will require the approval of the JWB as per the guidelines. E. Any adjustments made by funded agencies which are not in accordance with JWB policy shall be subject to reimbursement of JWB at the discretion of JWB. No adjustment may be made after the budget amendment closing date in September. Reimbursement on per diem contracts may not exceed one-fourth of the total annual JWB allocation in any quarter of the fiscal year without prior JWB approval. Any unused per diem in one quarter may be carried over to a subsequent quarter within the fiscal year given adequate justification and with the prior approval of JWB. Agency: City of Clearwater Page 1 Of 1 Section V 09/12/013:40:28 PM FORM 2 CHARTING THE COURSE FOR YOUTH CURRENT & PROPOSED OPERATING (ROUND NUMBERS UP TO THE NEAREST DOLLAR) (1) (2) (3) (4) (6) (6) 00-01 01-02 00-01 01-02 ACCT# TITLE PROG. PROG. % JWB JWB % BUDG. BUDG. CHG. ALLOC. ALLOC. CHG. Salary Accounts: 569.120 Regular Salaries and Wages $14,667 $64,635 341% $7,666 $34,012 344% Total Salary: $14,667 $64,635 341% $7,666 $34,012 344% Fringe Accounts: 569.210 FICA $146 $768 426% $112 $494 341% 569.220 Retirement Contributions $1,026 $4,524 341% $536 $2,380 344% 569.230 Life and Health Insurance $2,274 $11,768 418% $1,570 $7,620 385% 569.240 Workers Compensation $340 $1,756 416% $0 $1,140 100% 569.250 Unemployment Compensation $0 $0 0% $0 $0 00/0 Total Fringe : $3,786 $18,816 397% $2,218 $11,634 425% Operating Expense Accounts: 569.310 Professional Services $2,460 $5,100 107% $2,460 $5,100 107% 569.311 Professional Services/Workshops $0 $0 0% $0 $0 00/0 569.320 Accounting and Auditing $0 $0 0% $0 $0 0% 569.321 Bank Services $0 $0 0% $0 $0 0% 569.330 Court/Legal Services $0 $0 0% $0 $0 0% 569.340 Other Contractual Services $0 $0 I 0% $0 $0 0% 569.350 Investigations $0 $0 0% $0 $0 0% 569.400 Travel and Per Diem $0 $0 0% $0 $0 0% 569.401 Conference $0 $0 0% $0 $0 0% Agency: City of Clearwater Page 1 Of 3 Section VI 091121013:40:28 PM ACCT# TITLE 00-01 PRIG. BURG. (2) 01-02 PROG. BUOG. (3) % CHG. (4) 00-01 JWB ALLOC. (5) 01-02 JWB ALLOC. (6) % CHG. 569.402 Transportation $800 $800 0% $800 $800 0% 569.410 Communications-Telephone $0 $0 0% $0 $0 0% 569.411 Communications-Long Distance $0 $0 0% $0 $0 0% 569.412 Communications-Postage and Shipping $0 $0 0% $0 $0 0% 569.413 Communication-Intemet $0 $0 0% $0 $0 0% 569.430 Utility Services $0 $0 0% $0 $0 0% 569.431 Water/Sewer/Sanitation $0 $0 0% $0 $0 0% 569.440 Rentals & Leases (Building & Land) $0 $0 0% $0 $0 0% 569.441 Rentals & Leases - Equipment $0 $0 0% $0 $0 0% 569.450 Insurance $0 $0 0% $0 $0 0% 569.460 Repair & Maintenance Services - Equipment $0 $0 0% $0 $0 0% 569.461 Repair & Maintenance Services - Property $0 $0 0% $0 $0 0% 569.462 Repair & Maintenance Services - Grounds $0 $0 0% $0 $0 0% 569.463 Vehicle Repair and Maintenance Services $0 $0 0% $0 $0 0% 569.470 Printing & Binding $0 $0 0% $0 $0 0% 569.471 Copying & Binding $0 $0 0% $0 $0 0% 569.480 Promotional Activities $0 $0 I 0% $0 $0 0% 569.481 Advertising $0 $0 0% $0 $0 0% 569.493 Match $0 $0 0% $0 $0 0% 569.494 Administrative Cost $0 $0 0% $0 $0 0% 569.495 Residential Per Diem $0 $0 0% $0 $0 0% 569.496 Day Program Per Diem $0 $0 0% $0 $0 0% Agency: City of Clearwater Page 2 Of 3 09/12/013:40:28 PM Section VI ACCT# TITLE (1) 00-01 PROG. BUDG. (2) 01-02 FROG. BUDG. (3) % CHG. (4) 00-01 JWB ALLOC. (5) 01-02 JWB ALLOC. (6) 0/0 CHG. 569.497 Day Program Subsidy $0 $0 0% $0 $0 0% 569.498 Day Program Hourly Unit Cost I $0 $0 0% $0 $0 0% 569.510 Office Supplies so $197 100% $0 $197 100% 569.515 Participant Expenses $0 $0 0% $0 $0 0% 569.520 Operating Supplies $13,166 $7,127 -46% $13,166 $7,127 46% 569.521 Food & Nutrition $1,720 $1,650 -4% $1,720 $1,650 -4% 569.540 Subscriptions $270 $180 -33% $270 $180 -33% 569.541 Books $0 $0 0% $0 $0 0% 569.542 Dues & Memberships $0 $0 0% $0 $0 0% 569.543 Educational Materials $0 $0 0% $0 $0 0% 569.544 Educational Training $0 $0 0% $0 $0 0% 569.590 Depreciation $0 $0 0% $0 $0 0% 569.600 Other/Miscellaneous $0 $0 0% $0 $0 0% 569.640 Machinery & Equipment (Capital Outlay) $10,100 $0 -100% $10,100 $0 -100% 569.660 Books, Publications, and Library Materials (Capital) $0 $0 0% $0 $0 0% Total Operating Expense : $28,516 $15,054 47% $28,516 $15,054 -47% Total Program Expenses: $46,969 $98,505 110% $38,400 $60,700 58% . Agency: City of Clearwater Page 3 Of 3 09112101 3:40:28 PM Section VI FORM 3 CHARTING THE COURSE FOR YOUTH SALARY AND FRINGE PREPARATION FISCAL 01-02 Position Employee % Time In Gross Salary 01-02 Salary in Program 01-02 Fringe In Program 01-02 JWB Request For Salary 01-02 JWB Request For Fringe 01-02 Program Coordinator Clayton 1% 539,948 $399 $74 $0 $0 Program Coordinator LaTerza 2% $48,645 $973 $181 $0 $0 Programmer Lewis 20% $27,125 $5,425 $1,335 $0 $0 Recreation Leader Menchaca 50% $21,290 $10,645 $3,089 $0 $0 Recreation Leader New 100% $17,006 $17,006 $5,817 $17,006 $5,817 Recreation Leader New 100% $17,006 $17,006 $5,817 $17,006 $5,817 Supervisor Atherholt 5% $36,302 $1,815 $375 $0 $0 Supervisor Miller 30% $37,888 $11,366 $2,128 $0 $0 TOTALS $245,210 $64,635 $18,816 $34,012 $11,634 Agency: City of Clearwater Page 1 Of 1 09/121013:40:28 PM Section Vil V FORM 4 CHARTING THE COURSE FOR YOUTH SALARY AND FRINGE PREPARATION NARRATIVE FISCAL YEAR 01-02 DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.120 Regular Salaries and 08/20/2001 Budget includes in-kind support of $64,635 341% Wages Coordinators, Supervisors, and Programmers. JWB . provides $100 support for Recreation Leaders. 569.210 FICA 08/20/2001 Municipal employees with a pension $768 426% plan hired before 1986 do not pay FICA, those hired after 1966 only pay FICA-Med at 1.45 percent of annual salary. 569.220 Retirement 09/12/2001 $4,524 341% Contributions City pension plan is calculated at 7% of annual salary. $65,635 x.07 = $4,524. 569.230 Life and Health 09/12/2001 $11,768 418% Insurance Full time employees receive medical insurance at no cost to the employee; employer's cost is set by bid, FY 00/01 = $3,800. Life insurance is $10 annually. 3.08 FTE's x $3800 = $11,704. 3.08 FTE's x $10 = $30.80 569.240 Workers Compensation 09/12/2001 $1,756 416% The City of Clearwater pays $570 per full time employee for Worker's Compensation. 3.08 FTE's x $570 = $1,756. 569.250 Unemployment . $0 0% Compensation Agency: City of Clearwater Page 1 Of 5 09/12/013:40:28 PM Section VIII DERIVATION OF FIGURES AND JUSTIFICATION OF ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER EXPLANATION AS NEEDED LINE ITEM $ PERCENT AMOUNT INCREASE/ DECREASE OPERATING EXPENSE BUDGET NARRATIVE 569.310 Professional Services 09/12/2001 $5,100 107% Ross Norton Instructors Art-$20/hr x 3hr/wk x 50wk = S3,000 Martial Arts-$15/hr x 2hr/wk x 50wk = $1,500 Joe DiMaggio Instructors Art-$201hr x 20 hrs = $400 Teen Development-$20/hr x 10hrs = $200 569.311 Professional $0 0% Services/Workshops 569.320 Accounting and Auditing $0 0% 569.321 Bank Services $0 0% 569.330 Court/Legal Services $0 0% 569.340 Other Contractual Services $0 0% 569.350 Investigations $0 0% 569.400 Travel and Per Diem $0 0% 569.401 Conference $0 0% 569.402 Transportation 09/12/2001 Joe DiMaggio-10 Van Trips @ $80 per trip $800 0% 569.410 Communications-Teleph one $0 0% 569.411 Communications-Long Distance $0 0% 569.412 Communications-Postag e and Shipping $0 0% 569.413 Communication-Intemet $0 0% 569.430 Utility Services $0 0% Agency: City of Clearwater Page 2 Of 5 09/12/01 3:40:28 PM Section Vill IA DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/. ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.431 Water/Sewer/Sanitation $0 0% 569.440 Rentals & Leases (Building & Land) $0 0% 569.441 Rentals & Leases - Equipment $0 0% 569.450 Insurance $0 0% 569.460 Repair & Maintenance Services - Equipment $0 0% 569.461 Repair & Maintenance Services - Property $0 0% 569.462 Repair & Maintenance Services - Grounds $0 0% 569.463 Vehicle Repair and Maintenance Services $0 0% 569.470 Printing & Binding $0 0% 569.471 Copying & Binding $0 0% 569.480 Promotional Activities $0 0% 569.481 Advertising $0 0% 569.493 Match $0 0% 569.494 Administrative Cost $0 0% 569.495 Residential Per Diem $0 0% 569.496 Day Program Per Diem $0 0% 569.497 Day Program Subsidy $0 0% Agency: City of Clearwater Page 3 Of 5 Section Vlll 09/12/013:40:28 PM , DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT t/ ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.498 Day Program Hourly $0 0% Unit Cost 569.510 Office Supplies 09/12/2001 $197 100% Norton-Office supplies-pens, paper, etc Joe DiMaggio-Office supplies 569.515 Participant Expenses $0 0% 569.520 Operating Supplies 09/12/2001 $7,127 46% Ross Norton Disposable Cameras (10 X $10) $100.00 Photo Processing (10 X $8) $80.00 Busch Gardens (15 X $38) $570.00 Adventure Island (15 X $26) $390.00 Disney (15 X $50) $750.00 Play Station Games (5 X $50) $250.00 Art supplies $160.00 Joe DiMaggio Scanner $350 Video Games for Playstation $300 Folding Eft and 8ft Tables $400 Trophies, Ribbons, Awards $627 Digital Camera $450 Prevention Videos $200 Trip to Islands of Adventure $1,000 Trip To Universal Studios (20 x $50) $1,000 Karaoke CD and graphic multi-pak $300 Portable CD/cassette player $200 569-521 Food & Nutrition 09/12/2001 Ross Norton- Pizza $200.00 Drinks $100.00 Cakes $50.00 Snacks $100.00 Joe DiMaggio- Cookies, Pretzels, Snacks, Hot Dogs, Buns $1,000 Pizza $200 $1,650 -4% 569.540 Subscriptions 09/12/2001 $180 -33% Ross Norton CD subscription club-$180/yr 569.541 Books $0 0% 569.542 Dues & Memberships $0 0% 569.543 Educational Materials $0 0% Agency: City of Clearwater Page 4 Of 5 Section VIII 09/12/013:40:28 PM i DERIVATION OF FIGURES AND LINE ITEM $ PERCENT JUSTIFICATION OF AMOUNT INCREASE/ ACCOUNT # ACCOUNT NAME INCREASE/DECREASE OR OTHER DECREASE EXPLANATION AS NEEDED 569.544 Educational Training $0 0% 569.590 Depreciation $0 0% 569.600 OtheNMiscellaneous $0 0% 569.640 Machinery & Equipment (Capital Outlay) $0 -100% 569.660 Books, Publications, and Library Materials (Capital) $0 0% Agency: City of Clearwater Page 5 Of 5 091121013:40:28 PM Section VIII FORM 5 Charting the Course for Youth SOURCES OF REVENUE 99-00 00-01 00-01 00-01 01-02 Actual Revenue Actual YTD As Revenue Total Future Fiscal % Change of Projected Thru Year Revenue 09/12/01 End of Year 'Cash Forward From Fund Balance $0 $0 $0 $0 $0 0% `Fundraising $0 $0 $0 $0 $0 0% 'Participant Fees $0 $0 $0 $0 $0 0% Insurance Reimbursements $0 $0 $0 $0 $0 0% Medicare/Medicaid $0 $0 $0 $0 $0 0% United Way $0 $0 $0 $0 $0 0% School Board In-kind $0 $0 $0 $0 $0 0% Governmental $8,569 $0 $8,569 $8,569 $37,805 341% Other . $0 $0 $0 $0 $0 0% SUBTOTAL $8,569 $0 $8,569 $8,569 $37,805 341% JWB Continuation $0 $0 $0 $0 $60,700 0% JWB Equip/Renovation $0 $0 $0 $0 $0 0% JWB Other $0 $0 $0 $0 $0 0% SUBTOTAL $0 $0 $0 $0 $60,700 0 TOTAL $8,569 $0 $8,569 $8,569 $98,505 1050% CROSS CHECK ITEMS: FUTURE FISCAL YEAR PROGRAM EXPENDITURES: $98,505 'CASH FORWARD FROM FUND BALANCE: The amount of funds to be transferred forward from the agency's fund balance to the operation of the program during this fiscal year. 'FUND RAISING: Any funds collected by the program of either a solicited or unsolicited nature (Donations) as well as memberships which do not entitle the donor to program services. 'FEES: Charges for services rendered. This may include revenue from memberships when such memberships entitle the member to program services. i t Agency: City of Clearwater Page 1 Of 1 Section IX 09/12/013:40:28 PM FORM 6 Charting the Course for Youth SOURCES OF REVENUE NARRATIVE Source Name Narrative Governmental The City of Clearwater Parks and Recreation Department provides in kind staff and revenue support for this prograrn. The Department is funded by the general fund which recieves most of its funding from Ad Valoren taxes. JWB Continuation JWB FY 2001-02 allocation. Agency: City of Clearwater Page 1 Of 1 Section X 09/12/013:40:28 PM END OF PROGRAM BUDGET FOR Charting the Course for Youth Agency: City of Clearwater Page 1 Of 1 09/121013:40:28 PM Section XI ATTACHMENT JWB REIMBURSEMENT SCHEDULE 01-02 Reimbursement Schedule Submission Date Reimbursement Date 1 10/05/01 10/12/01 2 ( 10/19/01 I 10/26/01 3 ( 11102/01 I 11/09/01 4 I 11/16/01 I 11/23/01 5 I 11/30/01 I 12/07/01 I 6 12/14/01 I 12/21/01 l 7 I 12/28/01 I 01/04/02 8 01/11/02 I 01/18/02 9 01/25/02 I 02/01/02 10 I 02/08/02 I 02/15/02 i 11 ( 02/22/02 I 03/01/02 ( 12 03/08/02 I 03/15/02 I 13 ! 03/22/02 I 03/29/02 I L 14 I 04/05/02 I 04/12/02 L 15 I 04/19/02 I 04/26/02 I 16 , 05/03/02 ( 05/10/02 I 17 ` 05/17102 I 05/24102 I 18 I 05/31/02 I 06/07/02 19 I 06/14/02 ( I 06/21/02 20 ` 06/28/02 I 07/05/02 I 21 I 07/12/02 L 07/19/02 I 22 07/26/02 ` 08/02/02 I 23 I 08/09/02 I 08/16/02 I 24 08/23/02 08/30/02 25 09/06/02 ( 09/13/02 _ 26 I 09/20/02 I 09/27/02 Agency: City of Clearwater Page 1 Of 1 09/12/013:40:28 PM Section XII 0 Clearwater City Commission Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Award a contract for the Sand Key Fire & Rescue Station No. 51 (01-0041-FI) to Caladesi Construction Company of Largo, Florida, in the amount of $1,283,310, which is the lowest responsible bid received in accordance with plans and specifications, 0 and that the appropriate officials be authorized to execute same. • The Fire Department has established, as components of its Strategic Plan Goals, programs to improve responsiveness and provide consistent, high quality and affordable service levels across all areas of the City. • Last year a Commission-appointed Fire Task Force confirmed the five-year strategic plan, which included a recommendation to establish a permanent Fire station facility on Sand Key. • Response-time models indicate that the addition of a Fire station in the geographic area of the Sand Key community will best serve the residents of Sand Key and South Clearwater Beach. • The design and engineering of a facility to accommodate existing programs along with potential growth needs for the future has been completed. • Work will commence upon award and execution of the contract and is scheduled for completion within 300 calendar days. • Copies of the contract documents are available in the City Clerk's Office for review. • Funding for this project is available in 315-91238, Sand Key Fire Station. Reviewed by: L l f I S ega n rvc o Budget Public Works Purchasing r DCM/ACMC._- Risk Mgmt X Other Engineer -iNQ _ Planning/Dev Submitted by: City Manager Printed nn recvcied nanpr Originating Dept: Costs X Fire Dept. (W. Hanson) Total $1,238,310 User Dept. _ZX. :: Funding Source: Fire Department Current FY $1.238 M Cl X Attachments OP Other Appropriation Code: 0 None Work session Item #: AV?_ Final Agenda Item # 3/ Meeting Date: 11/01/01 315-91238 Sand Kau Pira R Racrua CM1i- M_ C4 0- 7/98 8 8 8 8 8 r. ?' ' u ?m $?o y h K Z T Z Icl w O 8 S o: OoO ! O ? G Ln N n ?? n s u a N N N? N N' . a s a a• s' .. ° er_r? x o V2 ,( p ?' w a g. S 8• nu ° N N N N N ' U ? 8 $, g 8. ?. 8. 8• , 8. J Z rr. ti i Ft 7`i p r`•Sn . LL Q 1r y? N N N N N N N' N 111AAA. w Q O O 8, S t, C, t, r a. o ? cn _ ? N N? N N N L) y$$p g Ti m p 1 G W. Z ' ?..; N' N' N N N N N : : Y a 25 C m `' I m N' M N N , W UtiLL jz. IW "n US > I ?, Fw 8 $ 0 lug p' Cl a t +. ?j ui J x 25 25 25 : v . a CJ6 C4 Z • o I ..8. I i z. 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U, a U 1Z' q0N °N: ?LL 4Sli LL c) LL J- w Ste" 9w?T ? Clearwater City Commission Worksession Item # Final Agenda Item # /h? ) -I Agenda Cover Meeting Date: 11/01/01 Memorandum SUBJECT/RECOMMENDATION: Award a contract for Enterprise Road Improvements (01-0019-EN) to AJAX Paving Industries, Inc. of Nokomis, Florida for the sum of $591,885.00 which is the lowest responsible bid received in accordance with plans and specifications, 0 and that the appropriate officials be authorized to execute some. SUMMARY: • The work to be performed under this contract will improve Enterprise Road from U.S. 19 to McMullen Booth Road. Included in the work is the replacement of a portion of the base material, and the milling and resurfacing of the remainder. • The portion of the existing base along Enterprise Road from the Florida Power right-of-way to Frisco Drive is in poor condition due to the high water table. This project will place a soil cement base, which is designed for wet conditions, in this portion. The remainder of Enterprise Road from U.S. 19 to McMullen Booth Road will be milled, resurfaced and restriped. • This project will start on or about January 7, 2002, and is scheduled to be completed within 60 days. • This road improvement project was originally estimated to cost $350,000 and was established in the Capital Improvement Program as project 315-92264. • A first quarter budget amendment will close project 315-92264 Enterprise Road and transfer the $350,000 to project 315-92266 Streets, Sidewalks and Bridges to allow all project expenditures to be recognized in a single project. The milling and resurfacing portion of the project will be funded from road millage and credited towards this year's goal of 30 miles, as it has been over ten tears since this segment was resurfaced. These funds are available in 315-92266, Streets, Sidewalks, and Bridges. Sufficient road millage funds remain available to complete this year's resurfacing goals. • A copy of the contract documents are available at the City Clerk's Office for your review. Reviewed by: Legal Budget Purchasing Risk Mgmt N/A Into Srvc N/A Originating Dept: f Public Works Adm./Eng?1 (R_ Guercia) User Dept. V Public Works Adm./Eng. Costs $599,885.00 Submitted by: City Manager Public Works DCM/ACIV Other Printed on racvcied nanGr Attachments: None Total N/A Current FY X Funding Source: Cl X OP Other Appropriation Code: 315-92266-563500-541-000 Enterprise Road Rev_ 2199 o Clealnvater City Commission Work session Item #: Agenda Cover Menorandwi-i Final Agenda Item # ?ITEQ 33 Meeting Date: 11/01/01 SUBJECT/RECOMMENDATION: Award the 2001 Sidewalk/Curb Contract (01-0021-E1) to Keystone Excavators, Inc. of Oldsmar, Florida for the sum of $932,350.00 which is the lowest responsible bid received in accordance with the plans and specifications, M and that the appropriate officials be authorized to execute same. SUMMARY: v This contract will provide for sidewalk and curb restoration in conjunction with the City's on-going program performed by Public Services. This contract will cover areas larger than Public Service crews can presently accommodate in a timely fashion due to current workload. A This contract will provide for the repair of broken and uneven sidewalks and curbs to improve public safety and reduce the City's accident liability exposure. It will also bring various ramps within the City into compliance with current Federal ADA standards. Also, some new sidewalk and curb will be placed in various locations throughout the City. • Work will cornmence upon award and execution of the contract and will be completed within 180 calendar days. a, Sufficient budget and ftindnIg for this contract are available in the Capital Improvement Project 3151-92266; Streets, sidewalks &. Bridges, e A copy of the contract documents is available at the City Clerk's Office for your review. Reviewed by: Legal ?A_ Info Srvc N/A Budget Public Works Purchasin DCM/ACM Risk Mgm 4A Other Submitted by: City Manager WA Atom? Printed on recvcled paper Originating Dept: Public Works Adm./Eng. (R. Guercia) .-M C,0 User Dept. Public Works Adm./Eng. Attachments List of Locations Costs $932,350.00 Total Funding Source: Current FY X Cl X OP Other Appropriation Code: 315-92266-563700-541-000 2001 Sidewalk - Curb Replacement Proiect Rev. 2/98 2001 SIDEWALK LOCATIONS SIDE OF ATLAS STREET NAME FROM TO STREET PAGE Druid Road (1) (12) Arcturas Avenue Hercules Avenue North 298A Arcturas Avenue (2) Gulf-to-Bay existing sidewalk East 298A Plumosa Avenue (3) Gulf-to-Bay existing sidewalk Both 297B Engman Street (4) (12) Osceola Avenue Alternate 19 Both 268B Missouri Avenue (S) (12) Eldridge Street Seminole Street Both 278A Eldridge Street (6) Pennsylvania Street Greenwood Avenue North 278A Jones Street (7) (12) Garden Avenue Myrtle Avenue Both 2778 Franklin Circle (8) NW Side SW Side South/East 287B Tilley Avenue (9) Belleair Road Howard Street East 314A Howard Street (10) Missouri Avenue Corner Property Line South 314A Enterprise Road (11) Parkstream Avenue Landmark Drive South 2336 N. Washington Avenue (12) Drew Street Railroad Track Both 278A N. Madison Avenue (12) Drew Street Railroad Track Both 278A N. Missouri Avenue (12) Drew Street Railroad Track Both 278A N. Jefferson Avenue (12). Drew Street Railroad Track Both 278B N. Lincoln Avenue (12) Drew Street Railroad Track Both 278B Prescott Avenue (12) Drew Street Railroad Track Both 278B Jackson Road (12) Greenwood Avenue Betty Lane Both 278A,B Landmark Drive (12) S.R. 580 Curlew Road Both 1788. Countryside Blvd (12) U.S. 19 Curlew Road Both 178B Drew Street (12) Fairwood Avenue E. of U.S. 19 North 282A Cleveland Street (12) (13) Hercules Avenue Belcher Road Both 289B Wildwood Drive (12) Countryside Blvd Landmark Drive Both 211A,1B Woodmere Court (12) Wildwood Drive End of street Both 21 1A,13 Ashwood Court (12) Wildwood Drive End of street Both 211A,B Woodhaven Court (12) Wildwood Drive End of street Both 211A,B Pinewood Court (12) Wildwood Drive End of street Both 211A,B Woodview Court (12) Wildwood Drive End of street Both 211A,B Quail Hollow Road (12) Wildwood Drive Wildwood Drive Both 211A,6 Timberline Court (12) Wildwood Drive End of street Both 211A,1B Forest View Drive (12) Quail Hollow Road Long View Drive Both 211A,B Briarbluff Lane (12) Forest View Drive End of street Both 21 1A,13 Long View Drive (12) Quail Hollow Road End of street Both 211A,6 Capwood Lane (12) Long View Drive End of street Both 211A,13 Rockledge Lane (12) Long View Drive End of street Both 211A,B Cedar Run Court (12) Quail Hollow Road End of street Both 211A,B SIDEWALK LEGEND (1) Includes placement of sidewalk at the northeast corner of Druid Road and Arcturas Avenue. (2) Includes removal of existing asphalt. Disturbed areas adjacent to sidewalk shall be sodded. Caution must be used so as to not impact existing vertical wall adjacent to existing asphalt. (3) Work on the east side of the road includes removal of asphalt and placement of curb. Disturbed areas adjacent to sidewalk shall be sodded. Electrical to be removed by others. Coordination with the City's Water Department will be required. Work on the west side includes the removal of a portion of existing sidewalk and its relocation 4' to the east. 2001 SIDEWALK LOCATIONS (CONTINUED) SIDEWALK LEGEND (CONTINUED) (4) Sidewalk shall be 4' in width. Impacted trees to be removed by city. Work on the south side is standard removal and replacement of existing sidewalk as marked by city forces. (5) New 5' wide sidewalk to be installed on the east side of the road. Work on the west side is standard removal and replacement of existing sidewalk as marked by city.forces. (6) Sidewalk shall be 4' in width. Impacted trees to be removed by city. Coordination with the City's Urban Forester, Alan Mayberry at 727-562-4950, ext. 7202, shall be required to work around a live oak tree that will remain. Contractor to relocate impacted mailboxes and pedestals. (7) New 5' wide sidewalk on the south side to stop 25' west of the railroad tracks. Additional work on the south side, as well as some on the north side, will be standard removal and replacement of existing sidewalk as marked by city forces. (8) New S wide sidewalk to be installed on the northwest and southwest corners. (9) Sidewalk shall be 4' in width. Florida Power to relocate their poles in advance of the work. (10) New 5' wide sidewalk to be installed from Missouri Avenue to the corner lots property line. If during construction resident approval is obtained from the two adjacent houses, the sidewalk will continue west to Michigan Avenue. (11) Work includes the removal of a portion of existing sidewalk and its relocation 5' to the north. Sprinkler repair and sodding of remaining disturbed areas will be required. Sidewalk to be 5' in width. (12) The work at these locations includes standard removal and replacement of existing 4" sidewalk as marked by city forces. Impacted driveways shall be 6". Sidewalk width to match existing. Contractor to repair disturbed sprinklers and sod all remaining areas disturbed by project work. (13) Work on the north side between Main Avenue and Belcher includes the removal of about 200' of existing sidewalk and its relocation 8' to the south (measured from the back of the existing sidewalk). City forces will root prune this area. The Contractor shall be required to grade and sod all impacted areas to allow for drainage flow to the north. Additional work on the north side, as well as some on the south side, will be standard removal and replacement of existing sidewalk as marked by city forces. 2001 CURB LOCATIONS SIDE OF ATLAS STREET NAME FROM TO STREET PAGE W. Virginia Lane (14) City Access Road N.E. Coachman Road Both 273A Fern Avenue (15) Drew Street Jones Street Both 278A Vine Street (15) Drew Street Railroad Track Both 278A Pennsylvania Avenue (15) Drew Street Railroad Track Both 278A Lee Street (15) Greenwood Avenue Pennsylvania Avenue Both 278A Plaza Street (15) Vine Street Greenwood Avenue Both 278A Hart Street (15) Myrtle Avenue Greenwood Avenue Both 278A Jones Street (15) Myrtle Avenue Greenwood Avenue Both 278A Rogers Street (15) Hillcrest Avenue Highland Avenue Both 297A Turner Street (15) Hillcrest Avenue Highland Avenue Both 297A Pine Street (15) Hillcrest Avenue Highland Avenue Both 297A Harding Plaza (15) Cincinnati Parkway Hercules Avenue Both 280A Wildwood Drive (16) Countryside Blvd Landmark Drive Both 211A,B Woodmere Court (16) Wildwood Drive End of street Both 211A,B Ashwood Court (16) Wildwood Drive End of street Both 211A,B Woodhaven Court (16) Wildwood Drive End of street Both 211A,B 2001 CURB LOCATIONS (CONTINUED) SIDE OF ATLAS STREET NAME FROM TO STREET PAGE Pinewood Court (16) Wildwood Drive End of street Both 211A,6 Woodview Court (16) Wildwood Drive End of street Both 211A,B Quail Hollow Road (16) Wildwood Drive Wildwood Drive Both 211A,B Timberline Court (16) Wildwood Drive End of street Both 211A,B Forest View Drive (16) Quail Hollow Road Long View Drive Both 211A,B Briarbluff Lane (16) Forest View Drive End of street Both 211A,B Long View Drive (16) Quail Hollow Road End of street Both 211A,B Capwood Lane (16) Long View Drive End of street Both 211A,B Rockledge Lane (16) Long View Drive End of street Both 211A,B Cedar Run Court (16) Quail Hollow Road End of street Both 211A,B Mandarin Drive (16) Minneola Road Druid Road Both 299A Minneola Road (16) Mandarin Drive Grovewood Court Both 299A Grovewood Road (16) Belcher Road Grovewood Court Both 299A Bascom Way (16) Mandarin Drive Barber Drive Both 299A Jaffa Place (16) Mandarin Drive Barber Drive Both 299A Barber Drive (16) Minneola Road Druid Road Both 299A. Grovewood Court (16) Minneola Road Grovewood Road Both 299A Casler Court (16) Casler Avenue End of street Both 2798 Harbor Island (17) N. end of street S. end of street Both 249B Stevenson Avenue (18) Sunset Point Road Pinellas Trail Both 260A Cordova Lane (18) Stevenson Avenue Pinellas Trail Both 260A Laura Street (19) Lake Drive Duncan Avenue Both 288B CURB LEGEND (14) Work will extend existing valley gutter curb south to the City's access road to Moccasin Lake Park. Also, the driveway apron for the house at 1400 W. Virginia Lane will have to be regraded and repoured. (15) Work will consist of removal and replacement of existing Type I curb. (16) Work will consist of removal and replacement of existing valley gutter curb. (17) Work will consist of removal and replacement of existing modified curb. (18) Work will consist of removal of about 850' of existing 2' curb and placement of 18° modified curb per City Index 101. The back of curb will remain the same, thus a 6" asphalt patch will be required on each side of the street in front of the new modified curb. In addition, the new curb will require 12" of Type "B" stabilization (FBV 75 or LBR 40). Required survey work will be done by City forces. A separate lineal foot line item for all work on these two streets (that includes curb removal and placement, stabilization, asphalt patching, maintenance of traffic, etc.) is provided as line item #14 in this contract. (19) Work will consist of placement of new modified curb on both sides of the street. 4 Cl) Z W 0 ? t ? 1 1 ?y W OC `y C!) O AUO c~n V F M / e-1 4. 0 v v N - OKY S n I 1 of sn oy Wooo rarrrph r I ow +rmwa - w J D 3%v sTSWaN ww< G Q m U ~ Ln Oo ? 1G LL _.n TYI 'tb o 14 O b P -v 1 V ?yY V Q *1 r . '?J C a1? n 0ooenaroae 0a D 3 ?0 n"rJ Na0 z ? o o p W ?J U ? 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CL 3 o s ? ? 4 U 4 Z Z w Z l No NI?I GNVNI r A N uj MVIUNINbv O Z V ?0 C-/) E 3n QA,B NOSWA 'rP 0 O eau ??WHO < Cc 1Iva ? `` cfn omc ck: < > O wZZ U F- N z o 0 3HOddV ¢ 1 3aUJ Q N31b,N a o o ' X3 `` MwK N_5 P X03 N U z a_ o o Wiz 3 v VOw Lai NOSI2 HVH ld 3AV 3 0 LA. r- Ul z <u??o. C? Z m Z W ?` ~ '? a a roa UQ ? m m z A0 13SbI m 8 a -?/ - n Nn`ol ff ' a vj I NU W O F O C av .. ry o- a n ?i ali Additional Information was provided with this Item # 34 (Hi*llcrest Gardens) 11/01/01 See Official Records Maps M? Clearwater City Connission Agenda Cover Memorandum Work session Item Final Agenda Item # Meeting Date: 11/01/01 SUBJECT/RECOMMENDATION: Approve the final plat for Hillcrest Gardens Subdivision located approximately 250 ft. South of Druid Road lying along the East side of Hillcrest Avenue, IM and that the appropriate officials be authorized to execute same. SUMMARY: • This plat will subdivide a meets and bound track of land into 4-lots. • Currently there is one existing home, which will remain on one of the four lots. • The applicant is proposing to build three new single-family residential homes at this location. This property is zoned LMDR (Low Medium Density Residential). The Development Review Committee has approved this development. Reviewed by: Legal NIA Budget NIA Purchasing N/A Risk Mgmt N/A Info Srvc N/A Public; Works DCM/ACM Other ?I$IA Submitted by: City Manager Printed an recvcled naner Originating Dept: Public Works Administration r J' User Dept. N/A Attachments I@ Locatlon Mnp Costs Total Current FY Funding Source: CI OP Other Appropriation Code: Plat : Hillcrest Gardens Subdivision.doc NORTH SCAIX: N. 1'. S. CIR SANTA ROGERS w a o Cir ?° o U z -j z r ¢ ?w ROSA `'i'\ Location Map PROPOSED SUBDIVISION HILLCREST GARDENS ?.J v J FRANKLIN ST X ST DRUID JASMINE ww> WAY z 4AGNOLIA < DR LOTUS N PATH Q PROJECT SITE C.7 ? L w w RD w ¢ o a: 0 z w w Y ul d ? w UI LOTUS P ATH FRANKLI n 0 DE LEON ST SAN JUAN CT ?'La COURT ST L S. R. 651 L , ROGERS ST w ¢ J TURNER 0 W _ = PINE ST d Cn GULF > i > > Q o: d v oST O O w z V) w d _71 w \ JASMINE W AY Jo ine Ct w > > d ? ¢ MAGNOLIA :2 3: O z LOTUS PATH w z d ° U _ Lnn JEFFORDS Z ST w BARRY ST BARRY ST TU SCOLA sr 3: w Pin s ?- ? cr > z C =]w C u, o ? } MILTON _? > ST z o U d ?' Ur Cl_ z rte, O _ _ _ u ST a m BROWNING/ C.R. 488 LAKEVIEW I u>j I F1 n I -[) JASMINE WAY Ln 00 v1AGNOLIA DR U LOTUS PATH UDLEIGH ST a I JEFFORDS ST } BARRY RD Agenda: (11/01/01) Item #35 ?? 7 ?M Clearwater City Work session Item #: li,6AV? Commission Final Agenda Item # 00 Agenda Cover Meeting Date: Memorandum SUBJECT/RECOMMENDATION: Approve an Agreement for Professional Services - Downtown Parking Needs Assessment / Feasibility Study with Urbitran Associates, lnc, to conduct a comprehensive downtown parking study at a cost of $98,000; 0 and that the appropriate officials be authorized to execute some. SUMMARY: • Parking plays a significant role in conjunction with the economic development of future projects in downtown, i.e., Downtown Clearwater. Our Downtown, new Memorial Causeway Bridge alignment, termination of Cleveland and Drew Streets at Osceola Avenue, etc, • The most recent parking study for downtown was completed in 1983, which was prior to the construction of the Garden Avenue Parking Garage. In August, 2001 a RFQ was issued to conduct a Downtown Parking Needs Assessment / Financial Feasibility Study. Three consulting firms were short-listed to conduct presentations. The selection committee, comprised of 5 staff members, selected Urbitran Associates, Inc. as the top firm. The Urbitran Associates, Inc. team was selected based on their depth of staffing resources and their senior personnel assigned to this project, In addition, a majority of the team also maintains past municipal parking experience. Negotiations for a 160-day agreement were conducted resulting in a cost of $98,000. The scope of services is specifically described in Section 2.0'- Project Scope of Services of the Agreement. • A synopsis of the Scope of Services is as follows: Parking Supply/Demand Analysis (current & future), Stakeholder Interviews, Feasibility of Additional Facilities, Traffic Impact Analysis, Public Workshops, and Parking Management Plan. Funding for this Agreement will be from CIP project 92640 (Downtown Parking Garage). A copy of the Agreement is available for review in the City Clerk's office. Reviewed by: Legal Budget CrAll_ Purchasing NIA Risk Mgmt Info Srvc NIA Public Works DCWAC Other Originating Dept: -7y\-`r PWAIParking (T.BruRhY, User Dept. .?r 'f PWAIParking (T.Bruch), Costs $98,000 Total Submitted by: City Mlariager "?? Printed on remaled moor Attachments 19 None Funding Source: Current FY CIP X OP Other Appropriation Code: 315-92640-530100-545-000 Rev. 7198 Nk., on 01 AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this day of , 20 , by and between the City of Clearwater, Florida (CITY) and Urbitran Associates, Inc. (CONSULTANT). WATNESSETH: Y } z F? Vw! WHEREAS the CITY desires to engage the CONSULTANT to perform professional services pertinent to such work in accordance with this Agreement; and WHEREAS the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the CONSULTANT in accordance with the competitive selection process described in Section 287.055 of the Florida Statues, and based on information and representations given by the CONSULTANT' in a proposal dated October 1, 2001. NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 Project Understanding Urbitran Associates, Inc. (Urbitran) in association with Chance Management Advisors (CMA) understands that it is the desire of the City of Clearwater to complete a Parking Needs Assessment and Feasibility Study for Downtown Clearwater. It is also our understanding that the area of study will be bounded by Drew Street to the north, Myrtle Avenue to the east, Chestnut Street to the south, and the Bayfront to the west. 1 October, 2001 2.0 Proiect Scope of Services The following is the phased approach for the project: 2.1 Phase 1/Project Kick-Off Meeting We propose to start this by conducting one (1) project kick-off meeting with representatives of the City of Clearwater to clarify the objectives of this study, set milestone meetings, reconfirm the study area, interview key stakeholders identified by the City of Clearwater, and set protocol for establishing contacts, lines of communication and transfer and distribution of information. 2.2 Phase 2/Parking Supply and Demand Analysis After completion of the kick-off study a review of previous studies completed by the City of Clearwater and an update of relevant studies to accurately reflect the current utilization and projection of future demand will be completed. This will be accomplished by: 1. Verifying on-street and off-street parking demand within the study area (private and public sector). 2. Identifying turnover and parking duration characteristics of on-street and off.. street parking within the study area (private and public sector). 3. Identifying and comparing the current parking demand with the present supply/utilization and determine deficit and surplus parking areas. 4. Identifying frequencies of illegal parking occurring within the study area. 5. Identifying current and future parking generators in and around the study area and assessing their impact on existing and future parking inventory within the study area. 6. Conducting shopper, employee, and business owner parking surveys and gathering input from stakeholders identified by the City. 7. Conducting two (2) public workshop meetings to obtain valuable public input on parking issues, real or perceived, to gain consensus on parking alternatives and future decisions. 8. Meeting with the City of Clearwater representatives to review preliminary data. The data collected will be analyzed and synthesized to determine a comprehensive overview of the parking requirements needed to meet the goals for maintaining and enhancing economic growth in the study area. 2.3 Phase 3/Traffic Impact Analysis The traffic analysis will focus on identifying traffic operational issues and constraints as well as potential improvement opportunities in downtown Clearwater associated with the October, 2001 2 planned reconstruction and realignment of the Memorial Causeway Bridge connecting downtown Clearwater with Clearwater Beach. The resulting access changes to and from the new bridge can be expected to affect traffic circulation and operations on roadways and intersections in the vicinity of the bridge. Additionally, the new bridge will result in the realignment of Court and Chestnut Streets resulting in the elimination of parking lot # 15 and reconfiguration of parking lot #22 near the County courthouse. We will approach the traffic study area as being a subset of the larger study area identified in the kick-off meeting to include the roadways and intersections that stand to be potentially affected by the planned road closures and realignment, and by the realignment of the bridge itself. Two traffic-related scenarios will be studied: 1. A "typical" summer weekday or weekend (Saturday or Sunday) scenario or, 2. An event-related scenario (such as the Jazz Holiday in mid-October or the Spring recess in March-April) on a weekday or weekend day As directed by the City of Clearwater at the initial project kick-off meeting, we will establish a traffic study area and identify the analysis scenario that best addresses the project issues and concerns. The baseline traffic condition will be established using a combination of existing data as well as new data to be collected. We will request and obtain all recent traffic data (counts, roadway inventory, signal timings, etc) from the city and determine their usability for this study vis-a-vis the analysis periods (i.e., was the data collected during the appropriate time). We will also collect new data at critical intersections for example along Drew Street, Cleveland Street and Osceola Avenue. In addition, traffic conditions at selected critical locations, such as bridge access points will be videotaped for future reference and use throughout the study. Pertinent roadway features such as roadway widths; number of lanes, pavement markings will be verified in the field. Traffic flow maps will be prepared for the traffic analysis scenario showing turning movements at critical study intersections within the traffic study area. Capacity analyses will be performed to establish intersection capacities, levels of service and other appropriate measures of effectiveness for the baseline condition using standard practices, procedures and analysis tools. October, 2001 3 Plans for the new bridge will be examined to identify the access modifications, planned roadway closures and/or reconfiguration and new bridge alignment. Based on the access changes and roadway modifications, we will identify potential alternate roadways to which traffic can be expected to shift either to access the new bridge or because of planned closures. In identifying alternate roadways, we will examine roadway and intersection capacity, adjacent uses and route directness. Traffic shifts will be quantified and the baseline traffic flow maps will be revised to reflect Future Traffic Conditions associated with the changes in access and roadway configuration. In addition to traffic impacts, the impacts of these modifications on parking will also be addressed. Based on the location and extent of potential traffic impacts, we will identify and recommend appropriate traffic mitigation strategies to improve traffic flow and reduce congestion. Among the types of improvements we will examine are roadway re-striping, signal timing changes, channelization, modification of traffic control devices, turn prohibitions and street direction changes. The effectiveness of these measures will be quantified and presented using the proposed traffic simulation model. In addition to vehicular capacity improvement measures, we will also identify the need for and effectiveness of the potential for traffic calming measures, improved signage, enhancements to pedestrian facilities, and improvements to transit facilities and emergency vehicle access. We will also investigate opportunities to incorporate pedestrian-friendly design features at the terminal points of Drew and Cleveland Streets that could provide an enhanced gateway treatment for Downtown Clearwater. As part of this phase, we will also examine previous report recommendations for a Park and Ride system linking beach parking with lesser used downtown parking areas through the use of a shuttle system. This evaluation will also include our recommendations on the feasibility of a light rail station for downtown to beach transit. Issues such as cost, methods of funding, usage, effectiveness, scheduling, and public acceptance of such systems will be reviewed. 2A Phase 4/Site(s) Selection Once we fully understand the magnitude of the parking demand inherent to a particular site or sites identified by Phase 2/Parking Demand and Supply Analysis we will be able to focus on site selection. Our first task will be to thoroughly understand the particular site, or sites, characteristics. This will enable us to gauge the massing potential and impacts on the adjacent October, 2001 4 " surroundings. We will examine the site's topography, property boundaries and immediate adjacent uses. From this study, we can begin to assess the opportunities for access and egress to a proposed facility and the possible traffic impacts. We will also conduct an analysis of major fatal flaw issues, which are essential to the viability of each concept. Our next task will be to begin to understand the dynamics of the property or parcels geometric layout. From this review, our staff will lay out multiple design alternatives, which will function on the site. For example, we will determine whether a two bay or three bay garage is appropriate, or if angled parking is necessary to meet design criteria. We will also factor in the means of access between floors: sloping parking ramps, speed ramps, helical ramps, multiple garage entrances utilizing topographic site opportunities, the openness of the garage perimeter to avoid costly ventilation requirements and a host of other considerations. All of these factors and others are considered while laying out the simple single line diagrams of the structures. Once this work has been completed, our next major and critical consideration is the various structural systems most appropriate and cost effective to each particular site concept. Structural alternatives to be reviewed include: pre-cast concrete; cast-in-place concrete with or without.post tensioning reinforcements; steel framed structure with cast- in-place decks; and proprietary systems, which maybe cost-effective to the geographic area. The preliminary structural system selection affects the parking layout and overall dimensions of the structure but need not be finalized at this time unless the site or design is very constrained and little flexibility exists, or the design is specifically related to the expansion of an existing garage; in which case it is very likely the existing structural system will be utilized. Upon preliminary selection of the structural system, approximate column grid locations will be developed. This along with vertical grade change (ramps and slopes) within the garage will be reviewed to determine where pedestrian stairs, elevators, and security factors will be considered. All these factors will be reviewed in the concept designs supplied by our team. 2.5 Phase 5/Feasibility of Additional Parking Facilities The feasibility of constructing additional parking garages will be based not only on the parking needs assessment, but also on the City of Clearwater's financial condition and ability to absorb the cost of additional facilities. In this task we will perform the following: 1. The areas of parking deficiency will have been identified and confirmed in Phase 2. These areas will be compared with vacant properties available for garage construction, or properties that the City could purchase as construction sites. October, 2001 5 Certain sites identified in the Downtown Clearwater: Our Downtown master plan will be verified for feasibility. The sites will be discussed with the City as this analysis proceeds. 2. Estimated construction costs will be developed, using team expertise tempered by Florida typical design standards and costs. Desired operating characteristics will be discussed with the City, and then operating costs will be estimated. Available City financing methods will be discussed, and interest rates and amortization periods established. Any special considerations (e.g., debt cap, City bond ratings, required reserves, etc.) will be identified through discussions with City representatives. Once these issues have been resolved, debt service will be calculated. 3. Parking rates for projected facilities will be developed, based upon existing rate structures in the area of the sites and the City's typical rate increase patterns. Revenues will be projected for at least five years, as will expenses. 4. Up to three (3) pro forma will be developed for potential garage sites. Each pro forma will be based upon a set of assumptions about revenues, operating expenses, financing and debt service, and facility use. The assumptions will accompany each pro forma so that the City may understand how figures were established, and use the pro forma later if assumptions change. 5. A determination of the feasibility of each project will be made in conjunction with the City. If each garage must stand alone in terms of being financially self- supporting, this will be evident from the pro forma. If, however, feasibility is based upon the ability of the entire parking system to be self-sufficient, or if the City is interested in subsidizing a certain garage because of potential economic development benefits, the discussion must be widened to establish "feasibility". The financial analysis described above will be a forecast of how a potential garage would perform financially, but the feasibility of it being constructed may be a decision that is based on additional variables important to the City. 6. An implementation plan for constructing any additional facilities will be developed, illustrating any property that must be purchased, an estimated schedule for development, and the financial performance of the facilities. 2.6 Please 6/Parking Management Plan Ideally, a parking management plan should make full use of empirical parking performance indicators, scientifically gathered and measured against industry standards, in order to properly assess existing conditions. This approach ensures that the appropriate strategies are applied to observed conditions or programmatic deficiencies. 6 October, 2001 For example, without definite knowledge of violation capture rates for overtime parking infractions, sampled parking turnover indicators and average durations may lead to improper conclusions about the appropriateness of the surveyed regulations. Likewise, inappropriate conclusions regarding parking policies may be reached without a proper assessment of the many factors that contribute to an area's "parking equilibrium". These factors include the on and off-street parking prices, the ticket fine and penalty structure, and the relative effectiveness of ticket processing and collection program strategies. VX.f The following outline identifies study elements contained within this phase of the project. Of -Street Parking 1. Review current off-street parking operational hours as they relate to peak and non-peak parking demand periods. (Demand periods obtained through a sampling of turnover and duration in identified areas in the downtown business district). 2. Review current occupancy rates. 3. Review of rate structures, including the feasibility of "special event" parking rates versus free parking. 4. Review staffing levels and determine effectiveness. 5. Review and evaluate existing revenue control equipment and procedures. 6. Review any current merchant validation parking programs and evaluate feasibility of new programs. 7. Evaluate the loss of current parking inventory caused by the new Memorial Causeway Bridge alignment (Lot #22 & #15). 8. Evaluate the feasibility of shared parking usage with downtown religious institutions and other private and public sector parking inventories. 9. Identify and evaluate seasonal fluctuations in parking demand. On-Street Parking (Parking Meter Program) 1. Review current parking meter equipment, inventory, and placement. 2. Review hours of operation of on-street parking meters. 3. Review on-street parking rate structures and time limits. 4. Review loading zone policies and provide recommendations for future use. 5. Review current on-street parking operational hours as they relate to peak and non- peak parking demand periods. (Demand periods are obtained through a sampling of turnover and duration in identified areas. Parking Enforcement 1. Review existing parking enforcement policies (i.e. free parking for. "special events") and procedures. 7 October, 2001 . 2. Review staffing levels and determine effectiveness of performance. 3. Review feasibility of centralizing administrative oversight of enforcement duties to Parking System from Police Department 4. Review the current methods of parking meter enforcement to include the hours and days of patrols, the number of enforcement officers deployed, the type of summons issuance equipment being utilized, and the overall effectiveness of the operation 5. Evaluate any additional enforcement efforts such as booting, towing, or scofflaw programs. 6. Review the type of equipment currently in use, and evaluate its effectiveness and reliability. 7. Assess the method of coin collection, security procedures for coin handling, and controls in place for tracking the assignment and safeguarding of vault and upper housing keys Parking Administration We will evaluate the existing organizational structure as it relates to service delivery to include: 1. All revenue and expenses. 2. A review of cashiering procedures and policies. 3. A review of cash collection procedures and existing security measures. 1 4. Examination of existing management software to determine the effectiveness in providing data in an acceptable format, and report generating capability. 5. A review of the number of employees and level of responsibility. 6. A review of public service hours of operation and staffing levels. 7. A review of the City's website for information regarding downtown parking information and make recommendations. 8. A review of special event operating procedures and provide recommendations, 9. Overall operational expenses 10. Revenue and incentive programs 11. Number of employees 12. Competitive entities (private and other parking operators) 13. Equipment and software 14. Maintenance efforts 15. Privatization levels and opportunities 16. Level of customer satisfaction with service levels currently provided One (1) site meeting will be required to investigate and review the conditions and systems listed in this phase. wi October, 2001 8 2.7 Phase 7/Draft Report Upon completion of tasks one (1) through five (5) our team will produce six (6) copies of our draft report which fully outlines our findings. Our report format will be submitted in 8 Y 2X 11 format containing full color graphs, charts, photographs, renderings, and/or schematic designs. 2.8 Phase 8/Final Report and Presentation After delivery of our draft report to the City of Clearwater, we will meet with City of Clearwater officials to gather their input and comments regarding all aspects of the report to date. After receiving this valuable input, our team will incorporate the required changes to produce and deliver our final report and presentation. 3.0 Proiect Schedule and Team Members: 3.1 Project Schedule Based on approval of this agreement by the City of Clearwater City Commission on November 1, 2001, completion of this project will be as follows: Phase 1 /Project Kick-Off .......................... Phase 2/Parking Supply and Demand Analysis . Phase 3/Traffic hnpact Analysis ................. Phase 4/Site Selection Phase 5/Feasibility Phase 6/Parking Management .................... Phase 7/Drail Report Phase 8/Final Report 10 days 45 days 45 days 45 days 60 days 90 days 150 days 160 days October, 2001 9 3.2 Team Members Team Members assigned to CITY project by the CONSULTANT shall not be removed from the project until alternate personnel acceptable to the CITY are approved in writing by the CITY. Team members are identified as: f Richard Matarangelo, Project Manager Brian Bartholomew, Deputy Project Manager • Barbara Chance, Principal (Chance Management Advisors) o Michael Horodniceanu, Principal-in-Charge Atma Sookram, Senior Traffic Engineer v David Sampson, Transit 4.0 Client Responsibilities It is expected that the City of Clearwater will be responsible for the following: 1. Provide access to areas required for any necessary inspection or survey. 2. Provide all available parking information available and applicable record drawings, specifications, and other relevant data (preferably in electronic format). 3. Designate a representative, or representatives to act on the behalf of the City of Clearwater for this project. 4. Examine documents submitted by the Consultant and promptly render City of Clearwater input pertaining thereto to avoid unnecessary delays in the progress of the Consultant's work. 5. Provide all base :naps in electronic format (Auto Cad 14 or later) if available. It is understood that the Consultant has the right to rely upon the accuracy and completeness of all data furnished to it. October, 2001 10 5.0 Fees 5.1 Basic Fees The above-described Scope of Services shall be delivered based on the following fee schedule: Phase 1/Project Kick-Off Meeting .............................. Phase 2/Parking Supply and Demand Analysis .................. Phase 3/Traffic Impact Analysis .................................. Phase 4/Site Selection ............................................. Phase 5/Feasibility ................................................. Phase 6/Parking Management ..................................... Phase 7/Draft Report ............................................. $ 8,000 $20,000 $15,000 $15,000 $20,000 $10,000 $ 5,000 Phase 8/Final Report ............................................. $ 5,000 ..? PROJECT TOTAL .................................................... $983,000 5.2 Payment CONSULTANT shall bill CITE' upon completion of each step as described in the 5.1 Basic fees. CITY agrees to pay after approval of the City Project Manager under the terms of the Florida Prompt Payment Act F.S. 218.70. 5.3 Additional Services Services requested of Urbitran or Chance Management Advisors, which are not described in the scope of services for this study, will be billed at the prevailing hourly rates attached, based on the specific professional discipline required. Any additional work requested, which is not in the scope of services covered under this agreement, must first be authorized in writing by the City of Clearwater before the start of any requested additional work can proceed. The Hourly Rate Schedule in effect for this agreement is our most current standard rates and is included with this proposal (Exhibit "A"). October, 2001 11 5.4 Reimbursables The following reimbursable expenses are included in this agreement: • Blueprints, computer prints for Parking Consultant's/Engineer's internal work • Travel and out-of=town related expenses (mileage, subsistence, hotel, etc.) • Long distance telephone calls • Photographs, reproductions, telecopier/fax services, courier services, and express materials The following reimbursable expenses are excluded from the expected reimbursable expenses related to this project and shall be billed to the City of Clearwater at actual cost plus, 10% administrative fee should they be determined necessary by the City of Clearwater as the project progresses: • Other consultants, models, and special presentation materials • Fees and expenses for securing approvals from governing authorities • Blueprints and computer prints for approvals, other consultants, or public agencies 6.0 TERMINATION 6.1 The CITY, at its sole discretion may terminate this contract by giving CONSULTANT ten (10) days written notice of its election to do so and by specifying the effective date of such termination. The CONSULTANT shall be paid for its services through the effective date of such termination. Further, if CONSULTANT shall fail to fulfill any of its obligations hereunder, this contract shall be in default, the CITY may terminate the contract, and CONSULTANT shall be paid only for work completed. 7.0 INSURANCE REOUIREMENTS 7.1 Workers Compensation and Employers Liability. The CONSULTANT operates as an independent contractor and shall procure and maintain, for the life of this Agreement, Workers Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employers Liability with limits meeting all applicable state and federal laws. 7.2 General Liability. The CONSULTANT shall procure and maintain, for the life of this Agreement, General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Coverage shall be no more restrictive than the latest edition of the October, 2001 12 W Commercial General Liability policies of the Insurance Services Office (ISO). This policy shall provide coverage for death, bodily injury, personal injury or property damage that could arise directly from the performance of this Agreement. The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The CITY shall be included and identified as an Additional Insured under the policy/ certificate of insurance. 7.3 Business Automobile Liability. The CONSULTANT shall procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. Coverage shall be no more restrictive than the latest edition of the Business Automobile Practices of the Insurance Services Office (ISO). The CITY shall be included and identified as an Additional Insured under the policy/certificate of insurance. 7.4 Professional Liability Insurance. The CONSULTANT shall procure and maintain for the life of the Agreement, Professional Liability Insurance. This insurance shall provide coverage against negligent acts, errors or omissions by the CONSULTANT in the performance. of this contract. The limits of coverage shall be $2,000,000. 7.5 Indemnify. The CONSULTANT agrees to defend, save and hold the CITY, its agents, assigns and employees, harmless from all claims or causes -sf action, including costs and attorney's fees, and all judgements whatsoever. involving personal injury, bodily injury, death, or property damage, arising sr any negligent act or omission, or the violation of any federal, state or local law or regulations by the CONSULTANT, its subcontractors, agents, assigns, invitees or employees in connection with this Agreement. 7.6 Supplemental Provisions. The insurance coverages and conditions afforded by the above mentioned policies shall not b° suspended, voided, canceled or coverage reduced except after thirty (30) days prior written notice by certified mail return receipt requested has been given to both the CITY Public Works Administration and Risk Management Offices of the CITY. 13 October, 2001 Certificates of Insurance meeting the specific required insurance provisions specified within this Contract/Agreement shall be forwarded to both the CITY Public Works Administration and Risk Management Offices of the CITY and approved prior to the start of any work. After review, the Certificate will be filed with the City Clerk as a part of the official contract file. Receipt and acceptance of the CONSULTANT Certificate of Insurance, or other similar document does not constitute acceptance or approval of amounts or types of coverages which may be less than required by this Agreement. In lieu of providing the CITY with copies of its insurance policies, the CONSULTANT agrees, with ten (10) days of a written request of the CITY, to make available for inspection and the taking of notes any original policy of insurance that is required by the terms of this Agreement. Any of the following CITY representatives will be permitted to inspect the policies on insurance: any member of the CITY'S legal staff or the CITY'S outside legal counsel, City Manager's staff, Risk Management staff, or the CITY COMMISSION. The policies of insurance to be produced will be made available at the offices of the CITY in Clearwater, Florida. 8.0 INTERESTS OF PARTIES CONSULTANT covenants that its officers, employees and shareholders have no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. 9.0 PROPRIETARY MATERIALS Upon termination of this Agreement, Consultant shall transfer, assign and make available to CITY or its representatives all property and materials in CONSULTANT'S possession belonging to or paid by the CITY. 10.0 ATTORNEYS FEES In the event that either party seeks to enforce this Agreement through attorney at law, then the parties agree that each party shall bear its own attorney fees and costs, and that jurisdiction for such an action shall be in a court of competent jurisdiction in Pinellas County, Florida. J October, 2001 14 W 11.0 STANDARD CONDITIONS This agreement shall bind the respective parties hereto and each and all of their heirs, and successors, and assigns. 15 October, 2001 Acceptance of the foregoing agreement and execution of acceptance of said agreement by the CITY as Client, and the Consultant, as evidenced by the signature by duly authorized officers or representatives of both parties in the space provided shall thereupon constitute the services agreement, effective upon execution of both parties. (Acceptance by Client) Witness Or Attest: By Title (Acceptance by Consultant). Witness Or Attest: Accepted and Executed , 2001 Accepted and Executed at our N.Y:, New York Office Date Michael F. Horodniceanu, Ph.D., P.E. President October, 2001 16 V EXHIBIT "A" URBITRAN ASSOCIATES, INC. SCHEDULE OF HOURLY RATES* Principal $200.00/hour Associate Principal $150.00/hour Parking Operations Analyst $125.00/hour Chief Architect/Planner $130.00/hour Senior Architect/Planner $115.00/hour Architect/Planner (II) $ 90.00/hour Architect/Planner (I) $ 75.00/hour Chief Landscape Architect/Planner $130.00/hour Senior Landscape Architect/Planner $115.00/hour Landscape Architect/Planner (II) $ 90.00/hour Landscape Architect/Planner (1) $ 75.00/hour Chief Traffic Engineer/Planner $130.00/hour Senior Traffic Engineer/Planner $115.00/hour Traffic Engineer/Planner (II) $90.00/hour Traffic Engineer/Planner (I) $75.00/hour Chief Civil Engineer $130.00/hour Senior Civil Engineer $115.00/hour Civil Engineer (II) $ 90.00/hour Civil Engineer (I) $ 75.00/hour October, 2001 Exhibit "A" 1 EXHIBIT "A" URBITRAN ASSOCIATES, INC. SCHEDULE OF HOURLY RATES* (Continued) Chief Structural Engineer Senior Structural Engineer Structural Engineer (I1) Structural Engineer (1) Electrical Engineer CA.DD Technician Technical Typing Technician/Surveyor r *Effective Through December 31, 2001 2 $130.00/hour $115.00/hour $ 90.00/hour $ 75.00/hour $ 85.00/hour $ 60.00/hour $ 45.00/hour $ 35.00/hour October, 2001 Exhibit "A" wMa ME EXHIBIT "A" Chance Management Advisors Hourly Rate Schedule Principal Senior Operations Consultant/ Project Manager Planner Senior Analyst Analyst Support $205.00/hour $130.00/hour $ 85.00/hour $ 80.00/hour $ 60.00/hour $ 50.00/hour October, 2001 Exhibit "A" 3 y? Pry- IQ- Clearwater City Commission Q Final Agenda Item # 99 = `ems Agenda Cover Memorandum Meeting Date: SUBJECT/RECOMMENDATION: Authorize the City of Clearwater to enter into agreements with subrecipients approved in the FY 2001-02 Consolidated Action Plan. x? and that the appropriate officials be authorized to execute same. SUMMARY: On August 2, 2001 the Commission approved the FY2001-2002 Consolidated Action Plan for funding through the Community Development Block Grant, HOME Investment Partnership Program, and State Housing Incentive Partnership Program. The goal of the Consolidated Plan is to develop viable communities, provide safe and affordable housing, and expand economic opportunities for very low to moderate-income persons. The Consolidated Plan identified several non-profit agencies and earmarked funds for the agencies to carry out the objectives listed above. In accordance with City ordinances and federal mandates, the City must enter into an agreement with each non-profit prior to expending funds. Listed below are the name and amount of organizations who are scheduled to receive funds in excess of $50,000: Clearwater Neighborhood Housing Services, Inc. Economic Development Program 210,000 Hispanic Outreach Program 25,800 Clearwater Homeless Intervention Project 50,801 Community Service Foundation Fair Housing Program 16,000 Homebuyer Education Program 10,000 Partnership to Ownership Program 10,000 Rental Housing Development Program 50,000 Directions for Mental Health 74,000 Homeless Emergency Project 's'hrift Shop 200,000 Transitional Housing 150,000 - - -- Total ---- --- ----- - $796,601 Contracts are also being issued to the non-profit organizations that have expressed a desire to participate in the FY 2001/2002 Housing Pool. One Million Sixty Four Thousand Two Hundred Thirty Two Dollars ($1,064,232) has been allocated to this pool and will be disbursed to organizations completing eligible housing development. The contract outlines the basic contractual elements required by the U.S. Department of Housing and Urban Development Department and State of Florida State Housing Incentive Partnership Program. A workshop for participants is conducted each year which will outline specifically which types of developments are eligible. The following non-profits have applied and been approved for the housing pool funding. Clearwater Neighborhood Housing Services, Inc. Community Services Foundation Roviewed by: Legal Budget j Purchasing ;f _ Risk Mgmt NA Originating Dept: Info Tech NA Ping & Dev Servic Public Works N User Dept. DCM/ACM Housing Division Other /Q Attachments Submitted by; ?A City Manager Printed on recycled paper D None Costs Funding Source: Captial Improvement Operating Other Appropriation Code: NA Total NA Current Fiscal Year Rev. 2/98 Largo Area Housing Development Corporation Pinellas Homestead Project, Inc. Pinellas Housing Agency Tampa Bay Community Development Corporation Copy of the sample Subrecipient Agreement is available for review in City Clerk's Office. 2 W NO& AGREEMENT THIS AGREEMENT is entered into this 1st day of October, 2001, by and between the City of Clearwater, a Florida municipal corporation, having its principal office at 112 South Osceola Avenue, Clearwater, Florida, hereinafter referred to as the "City", and the , hereinafter referred to as the "Provider" WITNESSETH: WHEREAS, the City has entered into an agreement with the U.S. Department of Housing and Urban Development for the purpose of conducting a Housing and Community Development Program (HUD) with federal financial assistance under Title I of the Housing and Community Development Act of 1974, as amended, hereinafter called "Act"; and the Cranston-Gonzalez National Affordable Housing Act of 1990; and WHEREAS, the City has entered into an agreement with the U. S. Department of Housing and Urban Development for the purpose of conducting the HOME Investment Partnership Program (HOME) with federal assistance under Title II (42 U.S.C. 12701-12839) of the Cranston-Gonzalez National Affordable Housing Act of 1990, as amended; and WHEREAS, the City has entered into an agreement with the State of Florida for the purpose of conducting the State Housing Incentive Plan Program (SHIP) with State of Florida assistance under the William E. Sadowski Housing Act (Florida Statute 420, Rule 91-37) which was signed into law on July 7, 1992; and WHEREAS, the City has determined through its Consolidated Plan of Objectives and Projected Use of Funds, which was adopted by the City of Clearwater on August 2, 2001 the necessity for providing operational support for a youth program; and WHEREAS, the City desires to engage the Provider to render certain services in connection therewith: NOW, THEREFORE, the parties hereto agree as follows: SECTION I: SCOPE OF SERVICES The Provider agrees in accordance with the projected accomplishments attached and made a fully binding part of this Agreement, as Appendix 1, as follows: Funds, will be provided 1 MEL" SECTION II: CONDITION OF SERVICE The Provider hereby agrees to the following: A. The Program shall serve eligible low and moderate income persons living primarily in Clearwater. B. The Provider shall maintain in its file the documentation on which basis it determines that the project benefits low and moderate income persons, minorities and residents of Clearwater. Such records shall include, but not be limited to profiles identifying financial classification, head of household, ethnicity, race and gender, or area benefit data, as required. C. The Provider shall maintain a citizen participation mechanism, which will include, but not be limited to the following: 1 Logging citizen comments or complaints when received. 2. Copies of comments and/or complaints received in writing. 3. Copies of responses to complaints and/or explanations of resolutions to complaints. D. The Provider shall comply with the following attachments to the Office of Management and Budget (OMB) Circular No. A-110, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit Organizations", incorporated by reference into this Agreement. 1. Attachment A, "Cash Depositories", except for paragraph 4 concerning deposit insurance. 2. Attachment E, "Bonding and Insurance". 3. Attachment C, "Retention and Custodial Requirements for Records", except that in lieu of the provisions in paragraph 4, the retention period for records pertaining to individual CDBG activities starts from the date of expiration of this Agreement, as prescribed in 570.507, in which the specific activity is reported on for the final time. 4. Attachment F, "Standards for Financial Management Systems". 5. Attachment H, "Monitoring and Reporting Program Performance", paragraph 2. 6. Attachment N, "Monitoring Management Standards", except for paragraph 3 concerning the standards for real property and except that paragraphs 6 and 7 are modified so that in all cases in which personal property is sold, the proceeds shall be "program income" and that personal property not needed by the sub-recipient for CDBG activities shall be transferred to the recipient for the CDBG program or shall be retained after compensating the recipient. 7. Attachment O, "Procurement Standards". 2 E. Costs incurred under this program shall be in compliance with Federal Management Circular No. A- 122, "Cost Principles for Non-Profit Organizations", incorporated by reference into this Agreement. F. The Provider shall abide by those provisions of 24 CFR Part 570 subpart J, when applicable, incorporated by reference into this Agreement. G. No expenditures or obligations shall be incurred for the program prior to approval and release of funds from the U.S. Department of Housing and Urban Development and/or the State of Florida. Further, it is expressly understood that in the event no funds are released from the U.S. Department of Housing and Urban Development and/or the State of Florida in connection with this Program, then the City is not liable for any claims under this contract. H. The Provider hereby certifies that, in the implementation of projects funded by this Agreement and in all of its other operations, it will comply with all requirements of Section 504 of the Rehabilitation Act of 1973 (29 USC 794) (and the implementing regulations at 24 CFR 8), the Americans with Disabilities Act of 1990 (PL 101-336), and all state and local laws requiring physical and program accessibility to people with disabilities, and agrees to defend, hold harmless and indemnify the City from and against any and all liability for any noncompliance on the part of the Provider. (1) Notification by HUD to the City that said project is ineligible because of project location, services provided, or any other reason cited by HUD; (2) Notification by HUD to the City that said project is deficient and that continued support of the project is not providing an adequate level of services to low income and minority people; or (3) Written notification from HUD to the City that the program funds made available to the City are being curtailed, withdrawn, or otherwise restricted. (4) Fails to file required reports or meet project progress or completion deadlines; (5) Materially fails to comply with any provision of this Agreement (which may result in suspension or termination in accordance with 24 CRF 85.43 or OMB Circular A-110, Attachment L); (6) Expends funds under this Agreement for ineligible activities, services or items; (7) Implements the project prior to notification from the City that the federal environmental review process has been completed; (8) Violates Labor Standards requirements; or 3 (9) Fails to comply with written notice from the City of substandard performance under the terms of this Agreement. I. The Provider shall certify, pursuant to Section 109 of the Act, that no person shall be denied the benefits of the program on the ground of race, color, national origin or sex. J. The Provider agrees that to the extent that it staffs the Program with personnel not presently employed by said party, it will take affirmative action in attempting to employ low income persons residing in the City of Clearwater, particularly minority group members. K. The Provider shall comply with the provisions of 24 CFR 570.504 (c), "Program Income" and meet the definition of program income defined in 24 CFR 570.500 which generally states that program income is gross income received by the recipient or a subrecipient directly generated from the use of CDBG funds. All program income generated through the use of Community Development Block Grant, HOME Investment Partnership Program, and State Housing Incentive Partnership programs shall be returned to the City within 45 days after receipt by the subrecipient. In those instances where the City allows the sub-recipient to retain program income, these funds shall. be expended for CDBG eligible activities, previously approved by the City in accordance with the projected accomplishments and budget descriptions attached to this Agreement. L. The Provider shall transfer to the City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. All real property acquired or improved in whole or in part with CDBG funds in excess of $25,000 shall be (1) used to meet one of the national objectives in Section 570.208 until five years after expiration of the agreement, or for such longer period of time as determined to be appropriate by the City; or (2) if not used as stated above, the provider shall pay to City an amount equal to the current market value of the property less any portion of the value attributable to expenditures on non-CDBG funds for the acquisition of or improvement to, the property. The payment shall be considered program income. M. The Provider shall adhere to the applicable requirements contained in the "Acknowledgement of Economic Development Activities", attached hereto and made a part hereof as Appendix 2, if applicable. N. The Provider shall comply with First Amendment Church/State principles, as follows: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not limit employment or give preference in employment to persons on the basis of religion. 2. It will not discriminate against any person applying for public services on the basis of religion and will not limit such services or give preference to persons on the basis of religion. 4 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other religious influence in the provision of such public services. 4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols or decorations. 5. The funds received under this Agreement shall not be used to construct, rehabilitate, or restore any religious facility which is owned by the Provider and in which the public services are to be provided. However, minor repairs may made if such repairs are directly related to the public services; are located in a structure used exclusively for non-religious purposes; and constitute, in dollar terms, only a minor portion of the CDBG expenditure for the public services. 0. The Provider shall transfer to the City upon expiration of this Agreement, any CDBG, HOME and/or SHIP funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG, HOME and/or SHIP funds. The following restrictions and limitations apply to any real property under the Provider's control, which was acquired or improved in whole or in part with CDBG funds in excess of $25,000: 1. Any real property under the Provider's control must be used to meet one of the National Objectives in the CDBG Regulations, Part 570.208 until five years or such longer period of time as determined appropriate by the City after expiration of the Agreement. 2. If the real property is sold within the period of time specified above, the property must be disposed of in a manner which results in the City being reimbursed in the amount of the current fair market value of the property, less any portion thereof attributable to expenditures on non- CDBG funds for acquisition of, or improvement to, the property. Such reimbursement is required. P. The Provider agrees that when sponsoring a project financed in whole or in part under this Agreement, all notices, informational pamphlets, press releases, advertisements, descriptions of the sponsorship of the project, research reports, and similar public notices prepared and released by the Provider shall include the statement: FUNDED BY THE CITY OF CLEARWATER CONIlYIUNITY DEVELOPMENT BLOCK GRANT PROGRAM, HONE INVESTMENT PARTNERSHIP PROGRAM, AND STATE HOUSING INCENTIVE PROGRAM In written materials, the words "CITY OF CLEARWATER COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS, HOME INVESTMENT PARTNERSHIP PROGRAM FUNDS, AND STATE HOUSING INCENTIVE PROGRAM FUNDS ADMINISTERED BY THE, PLANNING 5 AND DEVELOPMENT DEPARTIMENT" shall appear in the same size letters or type as the name of the Provider. Q. The Provider shall ensure the following when entering into a sub-contract agreement: 1. The full correct legal name of the party shall be identified. 2. The "Scope of Services" shall describe the activities to be performed. R. The Provider shall maintain sufficient records in accordance with 24 CFR 570.502 and 570.506 to determine compliance with the requirements of this Agreement, the Community Development Block Grant Program and all applicable laws and regulations. This documentation shall include, but not be limited to, the following: 1. Books, records and documents in accordance with generally accepted accounting principles, procedures and practices which sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by this Agreement, including matching funds and program income. 2. Time sheets for split-funded employees who work on more than one activity, in order to record the CDBG, HOME, and/or SHIP activity delivery cost by project and the non-CDBG related charges. 3. How the Statutory National Objective(s) and the eligibility requirement(s) under which funding have been received, have been met. These also include special requirements such as necessary and appropriate determinations, income certifications, and written agreements with beneficiaries, where applicable. S. The Provider is responsible for maintaining and storing all records pertinent to this Agreement in an orderly fashion in a readily accessible, permanent and secured location for a period of three (3) years after expiration of this Agreement, with the following exception: if any litigation, claim or audit is started before the expiration date of the three year period, the records will be maintained until all litigation, claims or audit findings involving these records are resolved. The City shall be informed in writing after close-out of this Agreement, of the address where the records are to be kept. SECTION III. OTBF,R CONTRACTUAL PROVISIONS A. Labor Standards Except with respect to the rehabilitation of residential property designed for residential use for less than eight households, the provider and all subcontractors engaged in contracts in excess of $2,000 for the construction, completion, rehabilitation, or repair of any building or work financed in whole or in part with assistance provided under this Agreement are subject to the federal labor standards provisions which govern the payment of wages and the ratio of apprentices and trainees to journey 6 workers. Under the terms of the Davis-Bacon Act, as amended, the provider is required to pay all laborers and mechanics employed on construction work wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor, and shall pay overtime compensation in accordance with and subject to the provisions of the contract Work Hours and Safety Standards Act (40 USC 327-332), and the provider shall comply with all regulations issued pursuant to these Acts and with other applicable Federal laws and regulations pertaining to labor standards, including the Copeland "Anti-Kickback" Act. Provided, that if wage rates are higher than those required under the regulations are imposed by State or local laws, nothing hereunder is intended to relieve the provider of its obligation, if any, to require payment of the higher rates. B. Flood Disaster Protection This Agreement is subject to the requirements of the Flood Disaster Protection Act of 1973 (PL 93- 234). Use of any assistance provided under this Agreement for acquisition or construction in an area identified as having special flood hazards shall be subject to the mandatory purchase of flood insurance in accordance with the requirements of Section 102(a) of said Act. C. Clean Air and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts Which Exceed $100,000 The provider shall comply with and require each subcontractor to comply with all applicable standards of the Clean Air Act of 1970 (42 USC 1857 et seq.) as amended, the Clean Air Act of 1990, the Federal Water Pollution Control Act (33 USC 1251 et seq.), as amended, and the regulations of the Environmental Protection Agency with respect thereto, at 40 CFR Part 15, as amended from time to time. D. Provision of the Hatch Act Neither the provider program nor the funds provided therefore, nor the personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code. E. Lead-Based Paint Any grants or loans made by the provider for the rehabilitation of residential structures with assistance provided under this Agreement shall be made subject to the provisions for the elimination of lead-based paint hazards under 24 CFR Part 35. Operating Agency will comply with the requirements of 24 CFR 570.608 for notification, inspection, testing, and abatement procedures concerning lead-based paint. Such regulations require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may contain lead-based paint Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment, and precautions that should be taken when dealing with lead-based paint poisoning. 7 F. Special Assessments Provider shall not attempt to recover any capital costs of public improvements assisted in whale or in part with funds provided under Section 106 of the Act or with amounts resulting from a guarantee under Section 108 of the Act by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as condition of obtaining access to such public improvements, unless (1) funds received under Section 106 of the Act are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under Title 1 of the Act, or (2) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary of HUD that lacks sufficient funds received under Section 106 of the Act to comply with the requirements of subparagraph (1). G. Acquisition, Rehabilitation, and Demolition of Real Property and Displacement of Persons and Businesses Provider shall comply with the "City of Clearwater, Housing Division, Community Development Block Grant Program Plan for Minimizing the Displacement of Persons As a Result of Community Development Block Grant Funded Activities" and "City of Clearwater, Housing Division, Community Development Block Grant Program Residential Anti-displacement and Relocation Assistance Plan." Provider shall conduct any acquisition, rehabilitation, or demolition of real property, and any negotiations for acquisition, rehabilitation or demolition of real property in compliance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. Unless specifically permitted, the provider shall not cause either temporary or permanent involuntary displacement of persons or businesses. If the provider causes the involuntary temporary or permanent displacement of any person or business as a result of Community Development Block Grant activities, it shall comply with the City's "Plan to Assist Persons Actually Displaced by Community Development Block Grant Activides," and Operating Agency shall provide all notices, advisory assistance, relocation benefits, and replacement dwelling units as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, Section 104(d) of the Act, and the implementing regulations at 49 CFR 24 and 24 CFR 570.606. The Provider hereby agrees to defend, to pay, and to indemnify the City from and against, any and all claims and liabilities for relocation benefits or the provision of replacement dwelling units required by federal statutes and regulations in connection with activities undertaken pursuant to this Agreement. H. Lobbing Restrictions Provider certifies that, to the best of its knowledge and belief: No federally appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into 8 of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement: If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Federal contract, grant loan or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying." in accordance with its instructions; and It will require that the language of this paragraph L be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352 Title 31, United States Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. SECTION IV: TERM OF AGREEMENT This Agreement shall be deemed effective upon approval and release of funds by the U.S. Department of Housing and Urban Development. and/or the State of Florida and being duly executed by both parties, whichever is later. This project shall become operational as of October 1, 2001, and shall continue through September 30, 2002. SECTION V: TERMINATION The City and the Provider agree: A. This Agreement may be terminated by either party hereto by written notice of the other party of such intent to terminate at least thirty (30) days prior to the effective date of such termination. B. This Agreement may be terminated in whole or in part, for convenience, when both parties agree upon the termination conditions. A written notification shall be required and shall include the following: reason for the termination, the effective date, and in the case of a partial termination, the actual portion to be terminated. However, if, in the case of a partial termination, the City determines that the remaining portion of the Agreement will not accomplish the purposes of such Agreement, the City may terminate such in its entirety. 9 C. The City may place the Provider in default of this Agreement, and may suspend or terminate this Agreement in whole, or in part, for cause. 1. Cause shall include, but not be limited to, the following: a. Failure to comply and/or perform in accordance with this Agreement, or any federal statute or regulation. b. Submitting reports to the City, which are late, incorrect or incomplete in any material respect. C. Implementation of this Agreement, for any reason, is rendered impossible or infeasible. d. Failure to respond in writing to any concerns raised by the City, including substantiating documents when required/requested by the City. e. Any evidence of fraud, mismanagement, and/or waste, as determined by the City's monitoring of the subrecipient, and applicable HUD rules and regulations. 2. The City shall notify the Provider in writing when the Provider has been placed in default. Such notification shall include actions taken by the City, such as withholding of payments, actions to be taken by the Provider as a condition precedent to clearing the deficiency and a reasonable date for compliance, which shall be no more than fifteen (15) days from notification date. 3. The City shall notify the Provider in writing when sufficient cause is found for termination of this Agreement. The Provider shall be given no more than fifteen (15) days in which to reply in writing, appealing the termination prior to final action being taken by the City. D. Let it be further understood that upon curtailment of, or regulatory constraints placed on, the funds of the U.S. Department of Housing and Urban Development and/or the State of Florida, this Agreement will terminate effective as of the time that it is determined such funds are no longer available. E. Costs of the Provider resulting from obligations incurred during a suspension or after termination, are not allowable unless the City expressly authorizes them in the notice of suspension or termination or subsequently. Other costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: 1. The costs result from obligations which were properly incurred before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancelable, and 2. The costs would be allowable if the award were not suspended or expired normally at the. end of the Agreement in which the termination takes effect. 10 F. Upon termination of the Agreement, the Provider and the City shall meet to discuss the City's determination if any amounts are to be repaid to the City or if additional amounts are due the Provider. SECTION VI: ANIENDN?.tENTS Any alterations, variations, modifications or waivers of this Agreement shall only be valid when they have been reduced in writing and. duly signed by both parties. Any changes which do not substantially change the scope of the project and/or the Project Implementation Schedule or increase the total amount payable under this Agreement, shall be valid only when reduced to writing and signed by the City Administration and the Provider. The City shall not reimburse the Provider for outlays in excess of the funded amount of the Agreement unless and until the City officially, in writing, approves such expenditure by executing a written modification to the original Agreement. SECTION VII: METHOD OF PAYMENT It is expressly understood and agreed that the total compensation to be paid hereunder for actual expenditures incurred shall be reserved in the amount of The funds must be expended in accordance with the terms and conditions of the Agreement. Funds set aside for this agency may increase or decrease, subject to production performance. Production will be reviewed quarterly and will be based upon the goals the Provider established in their program implementation schedule. Any remaining balance of funds shall revert to the City or other approved provider(s). Such compensation shall be paid in accordance with the projected accomplishments and budget descriptions attached hereto and made a part hereof as Appendix 1. A. The Provider shall submit monthly requests for payment for actual expenditures, including applicable back-up documentation, no later than the tenth (10th) day of the succeeding month and the City will provide reimbursement, upon approval, within ten (10) working days after receipt of the same, if submitted by the deadline data for inclusion on the drawdown request. B. The City agrees to pay the Provider for expenditures incurred under this Agreement on an as needed basis in accordance with the Budget and Project Implementation Schedule attached hereto and made a part hereof as Appendix 1. Line item transfers are allowable only within each component and may not exceed in the aggregate fifteen percent (15%) of each line item without pr for written approval of the City. All changes amounting to more than fifteen percent (15 %) require prior written approval. 11 SECTION VIII: EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Provider agrees as follows: (1) The Provider shall not discriminate against any employee or applicant for employment because of race, color creed, religion, sex age, handicap, disability, sexual orientation, ancestry, national origin, marital status, familial status, or any other basis prohibited by applicable law. The Provider shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training including apprenticeship. The Provider agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Provider will, in all solicitations or advertisements for employees placed by or on behalf of the operating Agency, state that all qualified applicants will receive consideration for employment without regard to race, color creed religion, sex age, handicap, disability, sexual orientation, ancestry, national origin, marital status, or any other basis prohibited by applicable law. (3) The Provider will send to each labor union or representative of workers with which has a collective bargaining agreement or other contract of understanding, a notice to be provided advising the said labor union or workers; representatives of the Provider's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Provider will comply with all provisions of Executive Order 11246, Equal Employment opportunity, of September 24, 1965, as amended by Executive Orders 11373 and 12086, copies of which are on file and available at the City and of the rules regulations, and relevant orders of the Secretary of Labor. (5) The Provider will furnish all information and reports required by Executive Order 11246 of September 24, 1465, as amended, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by HUD and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Provider's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Provider may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in 12 Executive Order 11246 of September 24, 1965, as amended, and such other sanctions may be imposed and remedies invoked as provided in Executive order 11246 of September 24, 1965, as amended, or as otherwise provided by law. (7) The Provider will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor, issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, as amended, so that such provisions will be binding upon each subcontractor or vendor. The Provider will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event an Provider becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by HUD. the Provider may request the United States to enter into such litigation to protect the interests of the United States. Equal Opportunity in Participation A. Development Act of 1974, and in conformance with City policy and all requirements imposed by or pursuant to the Regulations of HUD (24 CFR Part 570.601 and 570.602) issued pursuant to Section 109, no person in the United States shall on the ground of race, color, creed, religion, sex, age, handicap, disability, sexual orientation, ancestry national origin, marital status, familial status, or any other basis prohibited by applicable law be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, and program or activity funded in whole or in part with Community Development Block Grant Program funds. B. Specific (not exclusive) Discriminatory Actions Prohibited: The Provider may not directly or through contractual or other arrangements, on the ground of race, color, creed, religion, sexual orientation, ancestry, national origin, marital status, familial status, age, handicap, disability, sex or any other basis prohibited by applicable law: (1) Deny any facilities, services, financial aid, or other benefits provided under the program or activity. (2) Provide any facilities, services, financial aid, or other benefits which are different or are provided in a different form from that provided to others under the program or activity. (3) Subject to segregated or separate treatment in any facility, or in any mater or process related to receipt of any service or benefit under the program or activity. (4) Restrict in any way access to, or the enjoyment of any advantage or privilege enjoyed by others in connection with facilities, services, financial aid or other benefits under the program or activity. 13 (5) Treat an individual differently from others in determining whether the individual satisfies any admission, enrollment, eligibility, membership, or other requirements or condition which the individual must meet in order to be provided any facilities, services, or other benefit provided under the program or activity. (6) Deny any person with the legal right to work an opportunity to participate in a program or activity as an employee. C. Business and Employment Opportunities for Lower Income Residents, Women-Owned Business Enterprises, and Minority-Owned Business Enterprises The Provider shall conform with the rules and regulations set forth under. Section 3 of the Housing and Urban Development Act of 1968, (12 USC 1701u), as amended, and the HUD regulations issued pursuant thereto at 24 CFR Part 135. This Act requires that, to the greatest extent feasible. opportunities for training and employment be given to lower income residents of the project area, and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by, persons residing in the area of the project. In all solicitations for bids, the contractor must, before signing the contract, provide a preliminary statement of the work force, needs and plans for possible training and employment of lower income persons. When the Provider utilizes the bidding procedure to let a bid, the invitation or solicitation for bids shall advise prospective contractors of the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, and the clause shall be inserted as a component part of any contract or' subcontract. If the Provider solicits or requests an invitation for bids, every effort feasible will be made to contact minority-owned and women-owned business enterprises for a response to the solicitation or invitation for bidders. D. Nondiscrimination in Federally Assisted Programs The Provider shall comply with Title VI of the Civil Rights Act of 1964 (PL 88-352, 42USC 2000d et seq.) and the Fair Housing Act (42 USC 3601-20). In accordance with City policy and Title VI of the Civil Rights Act of 1964(PL 88-352), in the sale, lease of other transfer of land acquired, leased or improved with assistance provided under this Agreement, the deed or lease for such transfer shall contain a covenant prohibiting discrimination upon the basis of race, color, creed, religion, sex, handicap, disability, sexual orientation, ancestry, national origin, marital status, or familiar status, in the sale, lease or rental, or in the use or occupancy of such land or any improvements erected or to be erected thereon. The Provider will comply with Title VIII of the Civil Rights Act of 1968 (PL 90- 284) as amended and will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing. 14 SECTION IX: CONFLICT OF INTEREST The Provider covenants that no person, under its employ who presently exercises any functions or responsibilities in connection with Community Development Block Grant Program, HOME Investment Partnership Program and State Housing Incentive Program funded activities, has any personal financial interests, direct or indirect, in this Agreement. The Provider covenants that in the performance of this Agreement, no person having such conflicting interest shall be employed. The Provider covenants that it will comply with all provisions of 24 CFR 570.611 "Conflict of Interest", and the State Statutes governing conflicts of interest. The Provider shall disclose, in writing, to the City any possible conflicting interest or apparent impropriety that is covered by the above provisions. This disclosure shall occur immediately upon knowledge of such possible conflict. The City will then render an opinion, which shall be binding on both parties. SECTION X: INDEMNIFICATION AND INSURANCE The Provider shall indemnify and hold harmless the City from any and all claims, liability, losses and causes of action, which may arise out of the Agreement. The Provider shall pay all claims and losses of any nature whatsoever in connection therewith and shall defend or pay to defend all suits brought against the City, when requested, and shall pay all costs and judgments which may be issued thereon. Automobile and vehicle coverage shall be required when the use of automobiles and other vehicles are involved in any way in the performance of the Agreement. The Provider shall submit to the City an ORIGINAL Certificate of Insurance. All liability insurance coverage shall be approved by the City's Risk Management Office prior to the release of any funds under this Agreement. Generally, the amount of coverage necessary would be at a minimum of $300,000. Further, in the event evidence of the required insurance is not forwarded to the Risk Management Office within thirty (30) days after the execution of this Agreement, this Agreement may be terminated at the City's option and any payments then due may be permanently withheld by the City and the City will have no further obligation under this contract or any subrecipient contract. SECTION XI: REPORTING AND EVALUATION REQUIREMENTS Maintaining credibility for the community development effort rests heavily on the ability to produce an impact in low moderate income areas, through progress in accomplishing scheduled activities. An effective method for maintaining project progress against a previously established schedule is through project evaluation and reporting, which will consist of both written reports and staff discussions on a regular basis. The Provider also assures prompt and efficient submission of the following: 15 A. Monthly Reports are due no later than the tenth (10th) day of the succeeding month and shall include the request for payment when applicable. Contents of the Monthly Report, attached hereto and made a part hereof as Appendix 3, shall include but not necessarily be limited to the following: 1. The Narrative Report Form 2. The Financial Summary Form, which shall include the request for payment and documentation, as applicable. 3. The Client Profile Form B. Final Evaluation. Within twenty (20) days of contract completion, a final report documenting how the Statutory National Objective and the eligibility requirements were met, must be submitted by the Provider to the City's Housing and Urban Development Department for review and approval. The contents of it shall include a cumulative total of the data submitted during the program's operation. Further, such report shall include statistical findings, which depict program efficiency; i.e., the number of dollars spent, including non-CDBG funding sources, to render actual service to program recipients, and an overall evaluation of the program's effectiveness, and quantitative results. The final report will be evaluated and the Provider will be notified if additional data is necessary or that the project/activity is considered "closed-out". Other Reporting Requirements may be required by the City in the event of program changes, need for additional information or documentation and/or legislation amendments. The Provider shall be informed, in writing, if any changes become necessary. Reports and/or requested documentation not received by the due date, shall be considered delinquent, and may be considered by the City as sufficient cause to suspend CDBG, HOME, and SHIP payments to the Provider. SECTION XII: AUDIT AND INSPECTIONS At any time during normal business hours and as often as City and/or Federal Government representatives may deem necessary, there shall be made available to representatives of the City and/or the Federal Government an opportunity to review, inspect or audit all records, documentation, and any other data relating to all matters covered by the Agreement. An annual organization audit shall be submitted to the City 120 days after the end of the Provider's fiscal year. The audit shall be performed in accordance with OMB Circular A-110 Attachment F, OMB Circular A-133 or OMB Circular A-128, as applicable. If this Agreement is closed-out prior to the receipt of an audit report, the City reserves the right to recover any disallowed costs identified in an audit after such close-out. 16 SECTION XIII: COMPLIANCE WITH LOCAL, STATE & FEDERAL REGULATIONS The Provider agrees to comply with all applicable federal regulations as they may apply to program administration. Additionally, the Provider will comply with all state and local laws and ordinances hereto applicable. SECTION XIV: ADDITIONAL CONDITIONS AND COMPENSATION It is expressly understood and agreed by the parties hereto that monies contemplated by this Agreement to be used for compensation originated from grants of federal Community Development Block Grant Funds, HOME Investment Partnership Program Funds and State Housing Incentive Partnership Funds, and must be implemented in full compliance with all of HUD's and the State of Florida rules and regulations. It is expressly understood and agreed that in the event of curtailment or non-production of said federal grant funds, that the financial sources necessary to continue to pay the Provider compensation will not be available and that this Agreement will thereby terminate effective as of the time that it is determined that said funds are no longer available. In the event of such determination, the Provider agrees that it will not look to, nor seek to hold liable, the City or any individual member of the City Commission thereof personally for the performance of this Agreement and all of the parties hereto shall be released from further liability each to the other under the terms of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officials on the day and date first above indicated. By President Date ATTEST: Secretary Date 17 Countersigned: Brian J. Aungst Mayor-Commissioner Approved as to form: Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: William B. Horne, II City Manager Attest: Cynthia E. Goudeau City Clerk 18 Ste`` o J(/ Z? Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 3-7 SUB)ECT/RECOMMENDATION: Authorize settlement of City of Clearwater v. Nelson Construction Co., et al., Case No. 00-2023- CI-21, for payment to City of $10,500.00 for damages to gas line and lost natural gas and authorization to execute releases to defendants. ® and that the appropriate officials be authorized to execute same. SUMMARY: This case arises from damage to our gas line at the intersection of Tampa Road and U.S. 19, on March 22, 1996. The accident occurred during construction of improvements to Tampa Road and involved Nielson Construction Co. and Suncoast Road Boring, Inc., both of which were involved in the construction. The damage resulted in the loss of approximately 2,392 mcf of natural gas and occasioned $758.16 in repairs. Authorization is sought to settle this action pursuant to the above terms and for the receipt of $10,500.00, in exchange for which the City will provide a release of claims to the defendants. Reviewed by: Origins 'ng Dept: Costs Legal Info Tech NA Legal Total Budget NA Public Works NA User Dept. Funding Source: Purchasing NA DCM/ACM Captial Improvement Current Fiscal Year Risk Mgmt NA Other NA Attachments Operating Other Appropriation Code: Submitted by: 0 None City Manager Pr;rated nn recvcled eaner Rev. 2/98 3S RESOLUTION NO. 01-41 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF THE THIRD AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, TO CONSTRUCT A NEW MEMORIAL CAUSEWAY EAST BRIDGE; PROVIDING AN EFFECTIVE DATE. WHEREAS, on June 27, 1997, the City Commission approved the Joint Participation Agreement (JPA) between the Florida Department of Transportation (FDOT) and the City of Clearwater for the design, right-of-way acquisition and construction of the Memorial Causeway Bridge replacement. This JPA was amended in January 2001 to recognize $12 million in federal funding, and again in June 2001 to recognize an additional $8,770,662 in federal funding; and WHEREAS, construction costs for the Memorial Causeway Bridge have increased above the anticipated project cost; and WHEREAS, the FDOT has now elected to contribute an additional $2.5 million to the project, bringing their total contribution to $15.5 million; and WHEREAS, there exists an opportunity to maximize the interest earnings accrued on the City's advance deposits for the project; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the third amendment to the Joint Participation Agreement between the City of Clearwater and the Florida Department of Transportation and authorizes the execution of the same. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of 12001. Brian J. Aungst Mayor-Commissioner Approved as to form: Vld,- City Attorney Attest: Cynthia E. Goudeau City Clerk Resolution No. 01-41 1 ? ffc 2 Clearwater Memorial Bridge, Third Amendment City of Clearwater FM# 257093 1 THIRD AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT CLEARWATER MEMORIAL CAUSEWAY EAST BRIDGE THIS AGREEMENT, made and entered into this day of 2001 by and b the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency of the State of Florida, hereinafter referred to as the ADEPARTMENT,- and the CITY OF CLEARWATER, hereinafter referred to as the ACITY- WITNESSETH: WHEREAS, on June 27, 1997, the DEPARTMENT and the CITY entered into a Joint Participation Agreement, and on January 5, 2001 entered into a first amendment to the Joint Participation Agreement, and entered into a second amendment to the Joint Participation Agreement on June 19, 2001, and WHEREAS, the DEPARTMENT and the CITY have agreed in the documents referenced above to reimburse the CITY $3,000,000 (three million dollars) in FY 2003 and $10,000,000 (ten million dollars) in FY 2005, and WHEREAS, constriction costs for the Memorial Causeway Bridge have increased above the anticipated project cost, and WHEREAS, the CITY provided an advance deposit of $29,294,415 of which $24,294,415 is subject to the Internal Revenue Service's rules of arbitrage, and WHEREAS, there exists an opportunity to maximize the interest earnings accrued on the CITY's advance deposits for the project, and WHEREAS, the CITY, by Resolution No. 97-41, a copy of which is attached hereto as Exhibit E, and by reference made a part hereof, has authorized its officers to execute this Third Amendment to the Joint Participation Agreement on its behalf. NOW, THEREFORE WITNESSETH: that for and in consideration of the mutual benefits to flow from each to the other, the parties hereto agree that the above described Joint Participation Agreement as amended is to be further amended as follows: The following is added to Section Two (2), Paragraph Two (2) of the original agreement: Notwithstanding the provision for the CITY to pay total project costs above the estimated project --- -cost;-the-DEPARTMENT may pay-for- construction-contr-actamounts for,supplemental--contracts,--------- overruns, court awards or legal settlements in behalf of the CITY in accordance with the following: C:\WIND0WS\TE?vIP\257093 1 THIRD AMENDMENT 2nd DR.AFT.DOC Clearwater Memorial Bridge, Third Amendment City of Clearwater FM# 257093 1 The DEPARTMENT will provide $2,500,000 to cover the initial costs of construction contracting and the costs of supplemental contracts, overruns, court awards or legal. In addition, the DEPARTMENT may utilize available interest accruing to the project in conformance with the piles of arbitrage to pay the costs of supplemental contracts, overruns, court awards or legal settlements. After the DEPARTMENT has expended the $2,500,000 and expended available interest earnings, as needed, the DEPARTMENT will additionally pay the costs of supplemental contracts, overruns, court awards or legal settlements in behalf of the CITY. To the extent that the cost of supplemental contracts, overruns, court awards or legal settlements exceeds the $2,500,000 and the available interest earnings, a like amount to these additional payments will be deducted from the $10 million reimbursement due the City in fiscal year 2005 in accordance with Amendment One, Exhibit A, Section III. The reimbursement of $10 million to the CITY, as adjusted above, will occur in fiscal year 2005, in accordance with Amendment One of this agreement. The following is added to Section Sit (6), Paragraph D of the original agreement, detailing the charge-down method to be applied to payment of invoices: Upon paying contractor invoices based on the original contracts for the project, federal bridge discretionary funds, as programmed, along with the appropriate local match provided from the CITY's advance deposit will first be charged in order to maximize interest earnings on the CITY's advance deposit. Payments for contractor invoices based on supplemental contracts, overruns, court awards and legal settlements are to be charged to federal bridge funds or to any other fund allocated to the project from DEPARTMENT sources. The DEPARTMENT will report the project expenditures of federal aid, as matched, expenditures of the CITY's advance deposit and of interest proceeds. The CITY will coordinate directly with the State Treasurer's Office with regard to the management of interest earnings on any deposited bond proceeds. The following is added to Section Sixteen (16) of the original agreement, establishing an expiration date for the agreement: This Agreement shall take effect upon being executed by the parties and shall be terminated upon the earlier of the mutual consent of the two parties or two hundred forty (240) days after final acceptance of the Project. C:\WINDOWSITEMPU157093 1 THIRD AMENDMENT ?na nn A P r nnr. Clearwater Memorial Bridge, Third Amendment City of Clearwater FM# 257093 1 Except as hereby modified, amended or changed, all other terms of said Agreement dated June 27th, 1997, the first amendment dated January 5, 2001, and the second amendment dated June 19, 2001 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day and year first above written. CITY OF CLEARWA.TER WILLIAM B. HORNE,11 CITY MANAGER PLANNING/PRODUCTION COUNTER-SIGNED DEPARTMENT OF TRA.NSPORTATIO DONALD J. SKELTON, P.E. DIRECTOROF BRIAN J. AUNGST MAYOR-COMMISSIONER ATTEST CYNTHIA E. GOLTDEAU CITY CLERK APPROVED AS TO FORM ATTORNEY, JANE C. HAYMAN CITY OF CLEARWATER APPROVED AS TO FORM, LEGALITY ATTORNEY DEPARTMENT OF TRANSPORTATION C:\WIND4WS\TI MP\257093 1 THIRD AMENDMENT 2nd DRAFT.DOC s?N• 91? T SUBJECT/RECOMMENDATION: Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # Meeting Date: Approve a Property Exchange Agreement with Pinellas County for exchange of property necessary for construction of the new Memorial Causeway Bridge, at a cost to the City of $270,752, 1E and that the appropriate officials be authorized to execute same. SUMMARY: ? Construction of the new Memorial Causeway Bridge will require a minor realignment of Court and Chestnut Streets. ? This realignment necessitates the transfer of 30,361 square feet of Pinellas County owned property to the City to be used as new right-of-way, and the transfer of 24,465 square feet of excess City owned right-of-way to the County. ? In April 2000 the City and County entered into an Interlocal Agreement outlining various responsibilities related to the bridge construction. The Agreement included the County's commitment to fund $10,000,000 of the bridge construction costs, payable in two $5,000,000 installments. The City received the first $5,000,000 in July 2001. The second installment is due this fiscal year. The Agreement also imposed conditions on both parties related to the property exchange. e This Property Exchange Agreement defines the commitments of each party in order to complete the property exchange. e The City is committing to reimburse -the County $70,752 for the difference in square footage of the properties to be exchanged, and to reimburse the County $200,000 as compensation for parking spaces lost due to the right-of-way shift. The $200,000 will be deducted from the County's second $5,000,000 payment. e Approval of this Agreement will assure that the project remains on schedule for a January 2002 construction start. e A copy of the Agreement is available for review in the City Clerk's office. e Funding is available in capital project 315-92820, Memorial Causeway Bridge. Reviewed by: Legal Budget Purchasing N/A Risk Mgmt N/A Info Srvc N/A Public Works DCM/ACM Finance Submitted by: City Manager Printed an recycled Dauer Originating Dept: --74 C PW Engineering (M. uillen) User Dept. Attachments ® None Costs: Total $270,752 Funding Source: Current FY $270,752 Cl X OP Other - Appropriation Code: 315-92820-560100-541-000 Rev. 2198 ?Cr ?C, EXCHANGE AGREEMENT THIS AGREE'NIENT made and entered into this day of , 2001 between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County", whose address is 201 Rogers Street, Clearwater, FL 33756 and the CITY OF CLEARWATER, a municipal corporation, whose address is 112 S. Osceola Avenue, Clearwater, FL, hereinafter referred to as "City". The terms Each or Either Party and Each or Either Grantor or Grantee will hereinafter refer to both the County and City with respect to their equal but separate responsibilities hereinafter provided in this Agreement. WITNESSETH: WHEREAS, Pinellas County and the City of Clearwater entered into an Interlocal Agreement on April 7, 2000, for the Memorial Causeway Bridge Replacement; and WHEREAS, this exchange is subject to the conditions of that Interlocal Agreement between County and City dated April 7, 2000, which is incorporated herein by reference; and WHEREAS, Pinellas County agrees to exchange parcels of land collectively referred to as "County Property" and described in Exhibit "A" with the City of Clearwater for parcels of land owned by the City of Clearwater collectively referred to as "City Property" and described on Exhibit "B;" and WHEREAS, Florida Statutes, Section 125.37 (2000), specifies that whenever, in the opinion of the County Commission, the County holds real property not needed for County purposes, it may exchange it for real property which the County may desire to acquire for County purposes. WHEREAS, the County is the fee simple owner of approximately 30,361 square feet of real property, which Property is referred to as County Property and described in Exhibit "A," which is not needed for any County purpose; and CITY OF CLEARWATER WHEREAS, City is the fee simple owner of approximately 24,465 square feet of real property, referred to as City Property and described in Exhibit "B;" WHEREAS, both the County and City desire to acquire the respective Properties, together with their associated petroleum and mineral rights; and WHEREAS, both parties wish to incorporate into this Agreement other promises between the parties on which this Exchange is contingent. NOW THEREFORE, the County and City liereby agree as follows: 1. DESCRIPTION OF THE PROPERTY: The County and City agree to exchange County's Property as described in Exhibit A for City's Property described in Exhibit B subject to the terms, conditions, and covenants of the respective parties hereto, each to the other to be performed by them at the time and in the manner hereinafter provided in this Agreement, subject to the fulfillment of the obligations of the Interlocal Agreement between County and City dated April 7, 2000, and incorporated herein by reference. 2. CONSIDERATION: A. Property Deficit: It is acknowledged that the property to be conveyed by the City is of less than equal value to that to be conveyed by the County. The deficit is twofold: the area to be conveyed by the City is smaller, and the unimproved City property is being exchanged for improved County parking lot property. B. In order to equalize the transaction, the sum of $70,752 will be paid by the City to the County at closing for the difference in land area being exchanged. In addition, the City agrees to compensate the County for the County's design and construction costs in the amount of $200,000 for replacing the 20 parking spaces.that were taken by the City in this exchange. This compensation will be accomplished by a $200,000 reduction in the second $5 million payment owed to the City by Pinellas County pursuant to their Interlocal Agreement dated April 17, 2000, which shall be amended to accommodate this deduction. C. In addition to the financial compensation for the lost parking, the City covenants and commits that the County downtown campus will be deemed to be conforming in all respects with the relevant City codes, as to all County buildings now in existence or under construction or renovation, whether or not these conveyances or this project, as completed, cause CITY Or CLEARWATER 2 a parking deficit. The parties acknowledge and agree that this County campus currently carries a surplus of 142 parking spaces over and above the City code requirements. Nothing in this Agreement, the underlying transactions, or the bridge project itself shall affect the County's right to use this surplus for future development of this campus. "File "County Downtown Campus Map" and copies of the March 8, 2001 parking study submitted to the City of Clearwater verifying the 142 parking space surplus is attached as Exhibit "C". 3. TIME FOR ACCEPTANCE: EFFECTIVE DATE: If this Contract is not first executed by City and then approved by County at a public Board Meeting, whether or not it is actually signed by the County Chairman on/or before November 16, 2001, it shall be null and void. The date of Contract ("Effective Date") shall be the date when the contract is approved by majority vote of the Pinellas County Board of County Commissioners. 4. . EXCHANGE OF REAL PROPERTY; CONSTRUCTIVE TRUST; CLOSING DATE: It is the intent of the parties for the County to convey the necessary properties to the City of Clearwater prior to construction, while the City property will be conveyed to the County following construction. It is the intent of the parties that this latter conveyance will be accomplished at a separate closing to occur within 10 days of acceptance of the project as complete by the FDOT. The land to be conveyed in the future from the City to the County shall be deemed to be held in a constructive trust for the County, and any attempt to convey or encumber this property prior to its conveyance to the County shall be null and void. The Closing will take place in two (2) Phases. Phase I: The County will convey the Property referred to as County Property and described in Exhibit "A," to the City on or before December 21, 2001. County may continue exclusive use of the property described in Exhibit "A" until such time as the property is needed for construction of the road Phase II: The City will convey to the County the property referred to as City Property and described in Exhibit "B," within ten (10) days of acceptance of the project as complete by the Florida Department of Transportation (FDOT). City Property as described in Exhibit "B" must be free of all encumbrances, easements and utilities. CITY OF CLEARWATER 5. RESTORATION AND TIMING OF CONSTRUCTION: On the South parking lot, all disturbed areas shall be completely reconstructed. On the West parking lot, all existing areas that are disturbed shall be completely reconstructed: All other areas of the West lot that are to remain shall be resurfaced and restriped. The two parking lots referenced are those South and West of the main Courthouse Building. The Interlocal Agreement and construction plans provide for complete restoration of the County's parking lots "South" and "West" which are being partially taken by the construction. All work to be performed on County Property shall be performed in accordance with the plans and specifications as approved by the County. As construction plans for certain work, such as landscaping and irrigation, have not been completed, such plans as well and the performance of the work is subject to approval by the County. All areas disturbed during construction will be restored to a condition as good or better than the pre-construction condition. It is also contemplated that construction may need to begin prior to actual conveyance of County property to the City. 6. TEMPORARY CONSTRUCTION EASEMENTS (Hereafter TCE's): A. Certain work is to be performed on County property outside of the existing rights-of-way, specifically within County parking lots. A TCE will be issued to FDOT for use by its contractor which will expire upon completion of the work in the Easement area. While the TCE's will encompass the entire parking: lots in order to allow for complete restoration, the use of these parking lots will be limited to that reasonably necessary to perform the work within each lot. The contractor will be required to maintain in the West parking lot a minimum number of 65 parking spaces at all times throughout construction, as described on Sheet # 161 of the construction plans. In addition the contractor will be required to maintain in the South parking lot a minimum of 25 parking spaces at all times including a minimum of 15 ADA accessible . spaces. These spaces are not currently shown on the constriction plans. City agrees to add this requirement as a note to the final construction plans. B. Certain other work is to be performed on County property intended to be conveyed to the City of Clearwater. A TCE will be issued to FDOT for this area by separate instrument. This TCE will automatically expire upon conveyance of the property to the City. CITY OF CLEARwA'FFR 4 7. POSSESSION: Each party represents to the other that at the time of closing there will be no parties in possession other than itself, and agrees to deliver possession of the Property at the time of closing. 8. TITLE EVIDENCE: Within 30 days of the Effective Date or twenty (20) days prior to the Closing ?r Date, whichever occurs sooner, City shall, at City's expense, deliver to County or County's attorney, a title insurance commitment (the "Title Report") issued by a Florida licensed title insuror agreeing to issue to County, upon recording of the deed to County, an owner's policy of title insurance; in the amount of the appraised value (with fee owner's title policy premium to be paid by City at closing), insuring County's good and marketable title to the Property, subject only to those standard exceptions appearing in the owner's title policy, which from County's standpoint do not unduly affect title, and those items which shall be discharged by City at or before the Closing Date. The commitment shall include a true, complete, and legible copy of all documents referred to in the Title Report [including without limitation, plats, deeds, restrictions, zoning information and easements.] The final policy shall insure against adverse matters pursuant to Section 627.784 1, Florida Statutes (2000), and against mechanics, tax, assessment and other liens removable by a search of the public records and by affidavit. County shall have ten (10) days from date of receiving title commitment to examine same. If title is found defective, County shall, within five (5) days thereafter, notify City in writing specifying defect(s) or the same shall be deemed to have been accepted by County. If said defect(s) render title uninsurable, City will have 90 days from receipt of notice within which to remove said defect(s), which shall extend the Closing Date a like amount of time, and if City is unsuccessful in removing them within said time, County shall have the option of either accepting the title as it then is or County and City shall be released, as to one another, of all further obligations under this Contract. However, City agrees that City will, if title is found to be unmarketable or uninsurable, use diligent effort to correct the defect(s) in title within the time provided therefore, including the bringing of necessary suits. CITY OF CLEARWATER 5 9. SURVEY: City shall provide true and complete surveys of properties described in Exhibit "A" and Exhibit "B" along with signed and sealed legal descriptions with sketches, to be affixed to recordable documents, at their own cost and expense. 10. INGRESS AND EGRESS: Each party warrants that there is ingress and egress to the Property to be conveyed by that party. 11. EXPENSES: City and County will each pay for the cost of recording their respective deeds , together with the cost of recording any corrective instruments, and such other expenses assigned to the parties in this contract. 12. PROCEEDS OF SALE; CLOSING PROCEDURE: The deed to the City shall be recorded upon the City's receipt of the deed from I' t? t, F t the County. The deed to the County shall be recorded upon the County's receipt of the deed, the City's check and evidence of title continued at the City's expense, to show marketable title in the City Property , without any encumbrances or change which would render either title unmarketable from the date of the last evidence, and the proceeds of the sale shall be held in escrow by attorney or by such other escrow agent as may be mutually agreed upon for a period of not longer than five (5) days from and after closing date. If City's title is rendered unmarketable, County shall within said five (5) day period, notify City in writing of the defect and City shall have thirty (30) days from date of receipt of such notification to cure said defect. In the event City fails to timely cure said defect, all property and monies paid hereunder by both parties shall, upon written demand therefore and within five (5) days thereafter, be returned to County and, simultaneously with such repayment, County shall vacate the Property and reconvey same to City by County or Warranty Deed and return the personalty, if any. In the event County fails to make timely demand for refund, County shall take title as is, waiving all rights against City as to such intervening defect except as may be available to County by virtue of warranties, if any, contained in the deed. The escrow and closing procedure required by this paragraph may be waived in the event the attorney, title agent or closing agent insures against adverse matters pursuant to Section 627.784 1, Florida Statutes (2000), as amended. CITY OF CLEARWATER 6 13. DOCUNIENTS FOR CLOSING: Closing is contingent on the execution of a Letter of Understanding and Interlocal Agreement between Pinellas County and the Florida Department of Transportation regarding conditions impacting County facilities adjacent to construction. Ten (10) days prior to closing, County shall furnish to City for its review a County Deed. Ten (10) days prior to closing, City shall furnish, for County's review, Special Warranty Deed, City Commission Resolution authorizing sale and designating Corporate Officer authorized to sign deed, Transfer of Interest Form, Bill of Sale, Closing Statements, Mechanics Lien and Tax Lien Affidavit, Affidavit of No Possession, Assignments of Leases (if applicable) and any corrective instruments that may be required in connection with perfecting the other. title with respect to the property it is conveying to the Upon the County meeting the terms of the exchange, the City will promptly execute and deliver to County a Special Warranty Deed, conveying the property to County in fee simple, and all other documents necessary for the closing of this transaction. Upon the City meeting the terms of the exchange, the County will promptly execute and deliver to City a County Deed, conveying the property to City in fee simple, and all other documents necessary for the closing of this transaction. 14. PLACE OF CLOSING: Closing shall be held in the County wherein the property is located, at the office of the attorney or other closing agent designated by County. 15. TIME: Time is of the essence of this Contract. Any reference herein to time periods of less than seven (7) days shall, in the computation thereof, exclude Saturdays, Sundays and legal holidays, and any time period provided for herein which shall end on a Saturday, Sunday or legal holiday shall extend to 5:00 p.m. of the next full business day. 16. RESTRICTIONS, EASEMENTS, LIMITATIONS: Each party shall take title subject to: zoning regulations, restrictions, prohibitions and other requirements imposed by governmental authorities; restrictions in matters appearing on the plat or otherwise common to the subdivision; public utility easements of record; taxes from the date of closing and subsequent years. Notwithstanding the provisions of this CITY OF CLEAKWAER 7 paragraph, the City shall cause the release or termination of all public utility easements encumbering this Property, except those running to the exclusive benefit of the County. 17. SUCCESSORS AND ASSIGNS: The covenants, provisions and agreements herein contained shall in every case be binding on and inure to the benefit of the parties hereto respectively, and their respective, executors, administrators, successors and assigns, except that th- right of parties to assign their interest under this contract, is and shall be subject to the written consent of the other party as hereinabove provided, which provision it is not intended to be waived, qualified, or altered in any manner whatsoever by this clause or any other clause herein referring to assigns. 18. LIENS: Each Grantor shall furnish to the other Grantee at time of closing an affidavit attesting to the absence of any claims of lien or potential lienors known to Grantor and further attesting that there have been no improvements or repairs to the Property for ninety (90) days immediately preceding date of closing (referred to in paragraph as the Mechanics Lien and Tax Lien Affidavit). If the Property has been improved, or repaired within said time, Grantor shall deliver releases or waivers of mechanic's liens, executed by all general contractors, subcontractors, suppliers, and materialmen, and further reciting that in fact all bills for work to the Property which could serve as a basis for a mechanic's lien or a claim for damages have been paid or will be paid at closing. 19. DEFAULT: If, for any reason other than failure of City to render its title marketable after diligent effort, City fails, neglects or refuses to perform its obligations under this Contract, County may seek specific performance, which is not County's sole remedy. If, for any reason County fails, neglects, or refuses to perform its obligations under this Contract, City may seek specific performance, which is not City's sole remedy. City warrants and represents to County that it has not engaged a real estate broker with respect to the Property. City agrees to hold County harmless from any real estate commissions. 20. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA): The parties shall comply with the provisions of FIRPTA and applicable regulations. CITY OF C:LEARWATER 8 21. WARRANTIES AND REPRESENTATIVE: A. Each party represents and warrants to each other that there are no facts known to it materially affecting the value of the Properties being conveyed which are not readily observable by other party or which have not been disclosed to the other party. B. (1) Each party represents that the properties are not currently being used and to the best of its knowledge and belief, has not been used, by any business or other activity which uses or used toxic chemicals, hazardous substances (including hazardous wastes) or substances likely to infiltrate the soil or groundwater and is not now being used and to the best of its knowledge and belief, has not been used in the past as a hazardous waste or toxic chemical storage facility or dumpsite. Each party further represents that the Property is not currently being used and to the best of its knowledge and belief, has not been used in the past as a garbage dump or landfill area. (2) Each party represents that to the best of its knowledge and belief the said Properties are not in violation of any federal, state or local law, rule, ordinance or regulation relating to hazardous substances or hazardous wastes, or to environmental conditions on, under or about the properties, including, but not limited to, soil and groundwater conditions. (3) Each party to the exchange shall have the right, prior to closing, to send or to come upon the Properties at reasonable times with its independent contractors, employees, engineers, and other personnel to inspect and conduct testing upon the property. If either Grantor determines that the Grantee's Property contains any toxic waste, asbestos containing materials, or chemical contamination, or has been used as a hazardous waste or chemical storage facility or dumpsite or as a garbage dump or landfill site, then that Grantor may elect to cancel this Exchange Agreement and have all sums paid to the parties hereunder returned to the payer. This Exchange Agreement is specifically made contingent upon both properties being free of contamination and as represented above. (4) T he Parties agree to be responsible for their own respective acts and omissions resulting in or causing any damages or injuries. Nothing herein shall be constructed as consent by either party to be sued by third parties in any manner arising out of this Lease. (5) City represents that the SWFWMD application for this project reflects an approximate 3,400 sq. ft. decrease in impervious surface, that this decrease is not crrY of CLEARWATER 9 being used as a credit toward this project and that the 3,400 sq. ft. may therefore be available to Pinellas County for future use in permit applications. C. The representations, warranties, and liabilities of both County and City contained herein shall survive the closing. 22. CONTRACT RECORDABLE; INTEN'T': The parties intend that the obligations of this Agreement constitute obligations that will run with the land, binding on successor elected officials as well as successors in interest. As such, this Agreement is to be recorded, and all executory obligations shall survive closing and be enforceable in any court of competent jurisdiction. 23. OTHER AGREEMENTS; CONSTRUCTION OF THIS CONTRACT: The Interlocal Agreement between City and County dated April 7, 2000, is the basis for this exchange and is included herein by reference. This Contract is subject to fulfillment of the terms of that Agreement. The terms of that Agreement, as amended by this Contract, shall survive the execution of this Contract and the closing of the exchange. Except as described above, no prior or present agreements or representations shall be binding upon either party unless included in this Contract. No modification or change in this Contract shall be valid or binding upon the parties unless in writing and executed by the party or parties to be bound thereby. Typewritten or handwritten provisions inserted herein or attached hereto as addenda shall control all printed provisions of Contract in conflict therewith. Whenever herein the singular number is used, the same shall include the plural, and the masculine gender shall include the feminine and neuter genders. 24. RELATIONSHIP OF THE PARTIES: Nothing contained herein shall be deemed or construed by the parties hereto, nor by any third party, as creating the relationship of principal and agent, or a partnership or joint venture between the parties hereto, it being understood and agreed that neither the method of computation of exchange value, nor any other provision contained herein, nor any acts of the parties herein shall be deemed to create any relationship between the parties hereto other than the relationship contained in this agreement and the Interlocal Agreement dated April 7, 2000. The terms of the Interlocal Agreement shall survive the execution of this Agreement and closing of the exchange. CITY OF CLEARWATER 10 25. FISCAL FUNDING: In the event that funds are not appropriated by the County in any succeeding fiscal year for purposes described herein, then this contract shall be deemed to terminate at the expiration of the fiscal year for which funds were appropriated and expended without penalty to the County, in order to comply with Section 129.07, Florida Statutes (2000). 4< .r .e t r s i. 1 S i i 3 CITY OF CLEARWATER 11 IN WITNESS WHEREOF, the parties hereto have hereunto executed this real estate contract the day and year first above written. Executed by County on: ATTEST: COUNTY: KARLEEN F. DE BLAKER KNELLAS COUNTY, FLORIDA, Clerk of the Circuit Court By and through its Board of County Commissioners By: Deputy Clerk Print Name: (OFFICIAL SEAL) Countersigned: By: Brian J. Aungst, Mayor-Commissioner William B. Horne II City Manager Approved as to form: Para Akin, City Attorney 10-5-2001 Revised 2001-0408exchange Cynthia E. Goudeau, City Clerk (OFFICIAL SEAL) OFFICE OF THE COUNTY ATTORNEY By: Sr. Asst. County Attorney CITY OF CLEARWATER ' By: Chairman Print Name: CITY OF CLEARWATER By: 12 . ? r . EXHIBIT "A" Page 1 of 8 STATE PROJ. NO. PARCEL /10 15220-2599 A parcelof land containing a portion of Plan of Clearwater Harbor. Florida, comprising A.C. Turners Subdivision, recorded In Deed Book 'X', Page 475, Hillsborough County, Florida of which Pinellas County was formerly a part, lying In Section 16, Township 29 South, Range 15 East, Pinellas County Florida, being more particularly described as follows: COWIENCE at the northwest corner of Oak Cove a Commercla/Condominlum, recorded In Condominium Plat Book 102. Page 92, of the Public Records of Pinellas County, Florida, sold corner lying N 89°10'26'E. 39.72 feet from survey center line stotlon 48+40.93 of Pierce Boulevard per State Project Number 15220-2599, sold point also lying on the easterly right of way line of Pierce Boulevard, being a point on curve concave westerly. thence along the arc of sold curve to the right, having a radius of 980.00 feet, a central angle of 07°50'15', the chord for which bears S 09°52'43'E, a chord distance of 133.95 feet, an arc distance of 134.05 feet to the end of sold curve and the southwest corner of sold Oak Cove Commercial Condominium, and the POINT OF BEGINNING, sold point lying N 89°32'55' E, 40.29 feet from survey center line station 47+07.21 of Pierce Boulevard per State Project Number 15220-2599, said point also lying on the easterly right of way line of Pierce Boulevard: thence S 05° 57'35' E along sold easterly right of way line a distance of 94.47 feet to o point on o curve concave northeasterly: thence along the orc of sold curve to the left, having a radius of 182.23 feet, a central ongle of 71°17'55', the chord for which bears S 41°36'32'E, o chord dlslance of 212.42 feet, on arc distance of 226.77 feet to the end of sold curve and o point lying on the north right of way line of Court Street, sold point also lying N 13105'31'E, 25.54 feet from survey center line station 68+33.54 of Court Street per State Project Number 15220-2599: thence S 89°32'•48'E, along the north right of way line of Court Street, 253.66 feet: thence departing sold north right of way line N 00'27'15'E, 1.05 feet: thence N 89°32'50'W, 52.70 feet to o point on a curve concave northeasterly: thence along the arc of said curve to the right, having a radius of 390.00 feet, o central angle of 49°42'37', the chord for which bears N 64'41'3O'W, a chord distance of 327.85 feet, an orc distance of 338.37 feet to the end of sold curve: thence N 10°30'20'W. 40.32 feet to a point on o curve concave northeasterly: thence along the arc of sold curve to the right, having a radius of 371.92 feet, o central angle of 12° 51'56', the chord for which bears N 27°58'48'W, a chord distance of 83.34 feet, an arc distance of 83.51 feet to the end of sold curve, sold point lying on the south line of Oak Cove a Commercial Condominium, recorded in Condominium Plat Book 102, Page 92, of the Public Records of Pinellas County. Florida: thence S 89°32'55' W, along sold south line, 8.99 feet to the POINT OF BEGINNING. Sold lands containing 16330 square feet, more or less. NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING hOTVAL I DWI IICE AND THE ORIGINAL hA1 RAISED SEAL Of OF A A F FLORORI DA PARCEL SKETCH LICENSED DURVCYOR AND MAPPER. NDII ACouISI II s VICES IN:. S. R. 60 P I NELLAS COUNTY By DATE APPROVED Or DATE YI CHAEL %M MYN OLO PRELIM OIK 09.13•01 "LORI DA P'WE5SIONAL :AND St VE R FLORIDA CERTIFICAT( NO. 3197 FINAL IICLNf:O eus??fff 71H CHECKED L1ML1 09•13•0I MAPS PREPARED BY FIELD BOOS No,-S MW ACQUI&IT10N 1111VICK M N /A 2202 N. VAST SNORE BLVD. SutIE 250 N.P.I. NO. 251091 I scLL[.N/A TAMPA. FLORIDA 20601.5155 15131.282.2300 State Protect No. IS220.2599 SHEET 1 OF 2 REVISION By DATE EXHIBIT "A" Paqe 2 of'8 SECTION 16, TONNSHIP 29 SOUTH, RANGE 15 EAST STATE PROJ. NO. 15220-2599 x POINT OF COMMENCEMENT NW CORNER OF OAK COVE A COMMERCIAL CONDOMINIUM, CONDOMINIUM PLAT BOOR" 102. PAGE 92. PINELLAS COUNTY, FLORIDA EASTERLY R1CHT OF WAY LINE PIERCE 80L'IEVARO r O M N POINT OF GEGINNING u 8.99' S89'J2'551T Tn SOUTH UNE Of OAK CWE A COMMERCIAL CONDOMINIUM. OELrA= 12.51'56' ' L = BJ.51 R = J7/.92' CB - NZ? 5848V CO = 63.J4' rti O DELTA= 49'42'R' L - 338.37' R = 390,00' C8 = N64'4130W CO J27.85' ca a ? SnY,? ??sS. PARCEL 110 589'J2'48'E BASIS OF BEARINGS IS THE NORTH R,GNT OF wAr LINE OF COURT STREET BEING SB9'J2'48'E kR N89'J2'S01Y ".•--?._ 52.70' /ol NORTH RIGHT or wAr LINE COURT STREET NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH LEGENDr L = ARC LENGTH R = RADIUS S.R. 60 PINELLAS COUNTY CB = CHORD BEARING CD = CHORD VSTANCE OT DATE APPROVED eT DATE PRELIM DIK 09-13.01 FINAL CHECKED Mwm 09-13•01 14APS PREPARED 01 FIELD 0009 NO.'S KIM AOOU10=01 AgVCSA iMC N/A 2202 K WEST SNORE SLVO. SU,TE250 W. P. 1. N0. 257093 1 SCAL0 1' • 10' TAMPA, FLORIDA 32607.5753 Is121.252.2]0o Stot• Project No. 15220.2594 SHEET 2 OF 2 ACV ISION Tr DATE 1 , i f r i I f i i i I r i EXHIBIT "All Page 3 of 8 STATE PROJ. NO. 1 15220-2599 1 PARCEL 111 A parcel of unplatted land together with a portion of Block 6, Plan of Clearwater Harbor, Florida comprising A.C. Turners Subdlvlslon recorded In Deed Book K, Page 475, Public Records of Hllisborough County Florida of which Pinellas County was formerly a port and a portion of Lots 1, 1-1 and 4, of H.E. Tookes Subdivision as recorded In Plot Book 3, Page 37 of the Public Records of Pinellas County, Florida, lying In Section 16, Township 29 South, Range 15 East, Pinellas County Florida, being more particularly described as follows: 1. COMMENCE of the Intersection of the south right of way line of Court Street per Official Record Book 4867, Page 1480 of the Public Records of Pinellas County (also known as Haven Street 60' Platted R/W), and the west right of way line of Oscco/a Street (also known as Oak Street) as established by Offlclal Records Book 1963, Page 681, recorded In the Public Records of Pinellas County, sold point lying S 00° 08'46'W, 30.00 feet from survey center line station 70+96.50 of Court Street per State Project Number 15220-2599, thence S 00'08'46'W. along sold west right of way line, 448.61 feet to the POINT OF BEGINNING sold point lying N W 08'46' E. 26.05 feet from survey center line station 37+22.42 of Pierce Boulevard per State Project Number 15220-2599. thence N 00°08'46' E along the west right of way line of sold Osceola Street, 52.42 feet to c point on a curve concave northeasterly; thence along the arc of sold curve to the right, having a radius of 386.00 feet, a centrolongle of 23°04'28', the chord for which bears N 45°25'57'W, a chord distance of 154.40 feet, an arc distance of 155.45 feet to the end of sold curve; thence N 33A53'42W, 88.94 feet to a point on the easterly right of way line of Plerce Boulevard as recorded In Offtclol Records Book 4273, Page 523: thence S 06°00'59' E along sold easterly right of way line. 57.54 feet to a point on a curve concave northeasterly; thence along the arc of sold curve to the left, having o radius of 205.25 feet, a central angle of 69°41'12', the chord for which bears S 40° 51'35' E, a chord distance of 234.53 feel, an orc distance of 249.64 feet to the end of sold curve and the POINT OF BEGINNING. Sold lands containing contain 11737 square feet, more or less. NOT A SURVEY 1401 VALID WITHOUT THE SICNATURE AND THE ORICIhAI RAISED SEAL Of A FLORI OA LICENSED SURVEYOR AND MAPPER. PREPAREO YYI HDRACQUISITIO SLRVI S. 1 C. MICHAEL W. MYHRV LD FLORIDA PROFESSIONAL LAND S VEYOR FLORIDA CCATICICATE h0. 3793 LICt NAEO MOINISS •711$ IOM Accuse 1011 IASRYSm ODIC 2202 K HEST SHORC 4LY0. SUI TE 250 TAWA. FLORICA 33607.S7S5 10131.262.2300 FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH S.R. 60 PINELLAS COUNTY By OATL APPROVED 91 DATE _PRELIlI DIX D9-13.01 F 1 HAL! CHECKED AIRY 09-13-01 UAPS PREPARro 01 I PIELO 600( NO.'S N /A N.P.I. NO. 257093 I SCALC.N,1A REVISION By DATE Stot• Project No. I5220.2S99 (SHEET i OF 2 i k EXHIBIT "A" Page 4 of 8 SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST STATE PROD. NO. 15220-2599 POINT OF COMMENCEMENT SOUTH RIGHT OF WAY LINE OF COURT 5TREET ti x WEST RIGHT OF WAY LINE OF OSCEOLA STREET OFFICIAL RECORD BOOK 1963. PG 681 ?I m A?F.??gy?-'flft F fiY ??C POINT OF BEGINNING B4S15 OF BEARING IS THE WEST RIGHT OF WAY LINE OF OSCEOLA STREET BEING N OL708'46'E LEGENa. L = ARC LENGTH R = RADIUS CB = CHORD BEARING CD = CHORD DISTANCE 2202 K VKST SHORE BLVD. SUITE 250 TAWA. FLORIDA 33601.5753 14131.282.2300 REVISION NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH S.R. 60 PINELLAS COUNTY Ef DATE APPROVED By OAtE PRELIM Dw 09.13.01 FINAL CHECKED A+Vnt 09-:3.01 MAPS PREPARED Of 11ELD 6DDA NO.'S N /A p'. P.I. M0. 257093 1 SCALE. 1" 10' er o.tt State PrOjoCt No. 15220.2599 S1?EET 2 OF 2 EXHIBIT "A" Page 5 of 8 STATE PROD. NO. 1 15220-2599 1 PARCEL 115 A portion of Lot 14, The Markley Addition to Clearwater Florldo, recorded In Plot Book /, Page 97 of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a port thereof, lying in Section 16, Township 29 South, Range 15 East, Pinellas County Florida, being more particularly described as follows: COMMENCE at the Intersection of the west right of way line of Ft. Harrison Avenue with the north right of way line of Pierce Boulevard (also known as Chestnut Street) sold point lying N 00°06'27' E, 24.89 feet from survey center line station 31+71.98 of Pierce Boulevard (also known as Chestnut Street) per State Project Number 15220-2599. thence N 89°08'44'W, along the north right of way line of Pierce Boulevard, 374.73 feet to the POINT OF BEGINNING being a point on a curve concave northerly. thence along the arc of sold curve to the right, having a radius of 386.00 feet, a central angle of 16°11'25', the chord for which bears N 76°39'44'W, a chord distance of 108.71 feet, an arc distance of 109.07 feet to the end of sold curve, thence N 42°54'43'W, 16.52 feet,. thence N 00°00'12'W, 5.00 feet, Thence S 89°59'48'W, 8.15 feet to the west line of sold Lot 14 (also being the east right of way line of Osceola Street). thence S 00°08'46'W along the east right of way line of Osceola Street, 40.31 feet to the southwest corner of sold Lot 14, sold corner lying N 00°08'46'E, 25.24 feet from survey center line station 36+72.31 of Pierce Boulevard per State Project Number 15220-2599; thence S 89°08'44'E. along the north right of way line of sold Pierce Boulevard 125.30 feet to the POINT OF BEGINNING. Sold lands containing 1627 square, feet, more or less. NOt VALID WI THOUT THE SIGNATURE AMC THE 01416114L RAISEO SEAL OF A FLORIDA L ICENSED SURVEYOR AND MAPPED. PRVARED BTs NOR ACQUISo TIONS R S. MICHAEL W. MYHRDO FLORIDA PROF(SSIONAL LAN0SUR VOA FLOAICA CERTIFICAtE NO. 1797 LICIWtO 110104116S '?I t' Fla ACOL7sfttoN auvlo ? W.-- 21* 2 N. MIST SHORE BLVD. "ITIE 150 TAMPA, FLORIDA 37607•3751 1#131.262,2300 FEVISIOH I of I DAZE NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION1 I RIGHT OF WAY MAPPING I I PARCEL SKETCH S. R. 60 Of DATE PRELIM 0u( 09.17.01 FINAL CHECKED MW 09.1 ]•01 i11-PS PREPARED 81 W.P.I. N0. 257093 1 State Project No. 15220.2599 PINELLAS COUNTY ,ROVED By DATE FIELD BOOK I.O. •S N/A SCALEo N/A SHEET I OF 2 EXHIBIT "A" Page 6 of 8 SECTION 16, TOWNSHIP 29 SOUTH, RANGE l5 EAST STATE PROJ. NO. 15220-2599 Ln h z EAST RIGHT OF WAY LINE OF OSCEOLA STREET AND WEST LINE OF LOT 14, THE MARKLEY ADDITION TO CLEAhZVATER FLORIDA, PLAT BOOK I. PAGE 97 HILLSBOReUGH COUNTY, FLORIDA S89'59'46W 8.J5' WESr RIGHT OF WAY LINE / 800'001121N OF FT. HARRI SON AVENUE 5.00' N4Z54'43V 16.52' DELTA= 16'11'25' L = 109 47' R =.386.00' $ Lill 12520 CB = N76'3t4'444N CD = 108.71 N89108'44-W ^ 374.73' PARCEL / 115 1-- PONT OF BEGINNING NORTH RIGHT OF WAY LINE OF PIERCE BOULEVARD BASIS OF BEARINGS IS THE NORTH RIGHT OF WAY LINE OF PIERCE BOULEVARD BEING N WOB'44'W POINT OF COAIAIENCEAIENT NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION LEGEND: RIGHT OF WAY MAPPING L = ARC LENGTH PARCEL SKETCH R = RADIUS CB = CHORD BEARING S. R. EO PINELLAS COUNTY CD = CHORD DISTANCE Ot DATE APPROVED MT DATE PRELIM OMK 09-13.01 FINAL CHECKED Mwm 09-17.01 WPS PREPARED By FILLO 0004 NO.'S Iml Acauwrw" ISAVICIII, Dw_ 2202 N, *Isr SNORE BLVD. N/A Sul it 250 N.P.I. NO. 257093 I SCALE. 1' 101 TAMPA, FLOR10A 77607.5755 (8131.2u'2200 REVISION By DATE Seat. Project No. 15220.2599 =SHEET 2 OF 2 EXHIBIT "A" Page 7 of 8 STATE PROJ. NO. 1 15220-2599 1 PARCEL 119 A portion of Lot /and Lot 8, Matlack Place, recorded in Plat Book 6, Page 37 and re-recorded In Plot Book 6, Page 83, Public Records of Pinellas County, Flo rldo, lying In Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, being more particularly described as follows: COMMENCE at the southeast corner of Lot 20, The Markley Addition to Clearwater Florida, recorded In Plot Book I, Page 97 of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part thereof, thence along the west right of way line of Palm Street (30'Platted R/W). N 00°02'05'W. 246.71 feet to the northeast corner of Lot 8, Matlack Place, recorded In Plat Book 6, Page 37 and re- recorded In Plot Book 6, Page 83, Public Records of Pinellas County, Florida, sold corner lying S 00°02'05' E, 24.93 feet from survy center line station 34+39.21 of Pierce Boulevard per State Project Number 15220- 2599 and the POINT OF BEGINNING, thence S 00002'05'E, along the west right of way line of Palm Avenue 5.08 feet. thence deporting sold west right of way line N 890I1'06'W, 78.44 feet to a point on a curve concave northerly. thence along the arc of sold curve to the right, having a radius of 482.35 feet, a central angle of 08°5648', the chord for which bears N 85°14'05'W, a chord distance of 75.24 feet, an arc distance of 75.32 feet to the south right of way line of Pierce Boulevard (also known as Chestnut Street). thence S 89°08'44'E along sold south right of way line, 153.43 feet to the POINT OF BEGINNING. Sold lands containing 667 square feet, more or less. NOT A SURVEY NOT VALID WITHOUT THE $ICUTURE AND THE ORIGINAL RAI SEO SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. PREPARBYI CQUISIIIDISERVICES. INC. RA &*D YI CNAEL X " OLD FLORIDA PROFESSIONAL LAND S VE R FLORI OA CERTIFICATE NQ 3397 LICENICO NSINeS "Flit Noll AOOUOrrW ! 61tv1ata DAM 2202 N. WEST SHORE BLVD. SUITE ;SO TA?PA. FLORIDA J3607•SYSS IBI31•t1t•2700 RM 11014 FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH S. R. 60 PR-EL t M FINAL CHECKED HAI'S PREI PINELLAS COUNTY eT OAIC APPROTED ST DATE DIAL 09.13.01 MMt 09.13.01 R.P.I. NO. 251093 1 of DALE State Protect No. IS22o-2592 PIELO 600a kO.'S N/A ULT. N/A SHEET I OF 2 1j EXHIBIT "A" Page 8 of 8 SECTION 16, TOWNSHIP 29 SOUTH, RANGE /5 EAST `STATE PROS. NO. 15220-2599 SOUTH RIGHT OF WAY UNE PARCEL ti OF PIERCE BOULEVARD 119 = S8908'44-E 153.43' POINT OF BEGINNING N19'1!'085V 78,44. R NE CORNER LOT 8, MATLACK PLACE. PLAr BOOK 6, PAGE 37 AND PLAT BOOK 6, PAGE 83 PINELLAS COUNTY. FLORIDA ? o ?aa It 11' cr 21? ti^ P 11 II 11 II ? W 00 OUO:cic? N - WEST RIGHT OF WAY LINE OF PALM STREET W vT O O in . POINT OF COMMENCEAIENr SE CORNER OF LOT 20, MARKLEY ADDITION TO CLEARWATER. FLORIDA PLAT BOOK I. PAGE 97 HILLS80ROUGH COUNTY. FLORIDA BASIS OF BEARING IS THE SOUTH RIGHT OF WAY LINE OF PIERCE BOULEVARD BEING S 69'06'44E LEGEND, L =ARC LFNGTH R = RADIUS CB = CHORD BEARING CD = CHORD DISTANCE 1074 AA70UJiR10N AraroRE IHC 2!02 rl VA 1T INOdt /1r0. tuIIt !50 IAWA• ILD410A 33401•1133 Ip131•!t2•l300 AErlslo? NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING PARCEL SKETCH S.R. GO PINELLAS COUNTY 01 DATE APPROVED 111 DATE PRELIM DW 09.13-01 FINAL CHECKED Sw'N1/ 09.13-01 wrf PREPARED e1 rlELO 110DR 40.'3 N ?A O. P. 1, NO. 251093 1 SGIt. 1^ - 10• Or DAVE Stot• Project No. 19220.2591 SHEET 2 OF 2 i f r s S i i a t 1 t EXHIBIT "B" Page 1 of 4 } STATE PROJ. NO. 5220- PARCEL 'B' A portlon of the existing Right of Way of Plerce Boulevard, recorded In Off/cial Record Book 4273, Page 523, Public Records of Plnellas County, Florldo, lying in Sectlon 16,. Township 29 South, Range 15 East, Plnellas County, Florldo, being more portlcularly described as follows: Commence at the Southeast corner of Lot I, Block 7, Map of Turner's SubdIvIsIon No. J. recorded In Plat Book I, Page 53 of the Public Records of Hillsborough County of which Pinellas County was formerty o part; thence N 0(700'29' E, 107.02 feet along the East line of sold Lot I to a point on a curve which Is concave Northerly, sold polnt tying on the South Right of Way llne of Plerce Boulevard Recorded In Offlclal Record Book 4273, Page 523, Public Records of Plnellas County, Florida; thence along sold South Right of Way line running along a curve to the right, hoving a radius of 265.25 feet, a central angle of 02'29' 42', the chord of which bears N 8r00' 54'W, a chord dlstonce of 11.55 feet, an arc dlstonce of 11.55 feet to the POINT OF BEGINNING, sold point lying on a curve which Is concave Northeasterly and Iying on the oforementloned South Right of Way llne of Plerce Boulevard Recorded In Offlclal Record Book 4273, Page 523, Publlc Records of Plnellas County, Florldo: thence along sold South Right of Way line running along a curve to the right, having a radlus of 265.25 feet, a central angle of 73'•45' 01'. the chord of which bears N 4Z53'30'W, a chord dlstonce of 318.34 feet, an arc, dlstonce of 341.43 feet to a point on the oforementloned South Right of Way %Ine of Plerce Boulevard Recorded In Offlclol Record Book 4273, Page 523, Publlc Records of Plnellas County, Florida; thence along sold South Right of WPy Ilne, N 05"48'32'W, 42.36 feet to a point on the East Right of Way 11ne of Bay Avenue, recorded In Condominlum Plot Book 102, Page 96 of the Publlc Records of Plnellas County, Florlda; thence S 33-54'59'E, 109.56 feet to a point on a curve which Is concave Northeasterly; thence running along the sold curve to the left, having a radlus of 446.00 feet, a central angle of 27-41'36', the chord of which bears S 48'31' l1' E, a chord dlstonce of 2/3.48 feet. and arc dlstonce of 215.57 feet to a point; theme S 0009'01'W, 43.05 feet to the POINT OF BEGINNING. Said lands contalning 15,547 square feet, more or less. NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION` RIGHT OF WAY MAPPING I IS.R. 60 PINELLAS COUNTY I 9r 0?Tt OPROVEO ST PRELIM kfl 09.06.01 FINAL KT lot-07-01 CHECKED 2 09.07-01 MAPS PAE?AAED 11 FIELD 900 AIM ENG. a SURVETINC. INC. N/A N.P.I. NO. 251093 I SCALE, N/A 1r O"t State Proloot No. 15220.2599 DATE 140T VALIDV1114100 THE SIC1tATURE AND THE ORI@INAt WtISED SCAL OF A FLORICA LI CE16 0 SURVEYOR AND MAPPER. PREPArm.s)t At EN0111EEAII416 S0%VCYtAO. INC. J. 0141NOC"URO F III 9A oROFE1SSIDAAL LAND SURVEYOR ORIDA "ATtFIGATE N0. 1995 LICt1111E9 1UO1Mt19 0,1114 1111 In4009=9Kf • wnITMOM 11.E 57010 LEE 1LVO. P.O. sox 12]5 LENIGH ACRC9 FLORIDA 79910 {•A00.221-AStf l FK.911/SJ>L11S• MEVISION ...\parcei-b.tlgrl 09/10/2001 09:16:16 AM I PARCEL SKETCH I SHEET 1 OF 2 EXHIBIT "B" Page 2 of 4 SECTION 16, TOWNSHIP 29 SOUTH, RANGE 15 EAST STATE PROJ. NO. I??On_??oa 3 N EAST RICHT O:.c WAY LINE OF BAY AVENUE CONDOIIINKlA1 PLAT BOOK 102r PAGE 46 P PI INELlAS COUNTY, FLORIDA z ? y c? oa, ro tg?'b..' r'?• `r. vr' ?$ ?. i?J+ M 'P J 'E f S: l/i F PARCEL 'B' SOUTH RIGHT OF WAY LINE OF PIERCE BOULEVARD OFFICIAL RECORD BOOK 4273, PAGE 523 PINELLAS COUNTY, FLORIDA P.O.C. s POINT OF COAIMENCEIIENT AT THE SE CORNER OF LOT 1, BLOCK 7, MAP OF TURNER'S SUBON15/ON N0. J, PLAT BOOK 1, PAGE 53, HILLSBOROLIGH COUNTY, FLORIDA OF WHICH PINELLAS COUNTY WAS FORMERLY A PART ant ttsvmousara • Imt7sTm4 mm 6200 LEE OLVD. P.C. SOX 122? --- LEHI CH ACRES FLORIDA 32910 1.000.226.4569 ...\Aarcei_b.dgn 09/10/2001 09:16:02 AM 3 ? a b H POINT OF BEGINNING "T r ?- z a 3 b ? C ? 2 Q h O < a av 3 ti m o o 8 R Q ? fi a t. 4°. .9 co a ` Q: %n h C p N IM o 4 J i Q P.O.C. NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY WAPPING PARCEL SKETCH S.R. 60 PINELLAS COUNTY 11 OATE A ,?gOVEO •T GATE PRELIM MM 09-06-01 FINAL KT 09-01-01 CHECKED MJZ 109-0?-Olt "ps PREPAALO DT AIM ENG. 0 SURVEYING. INC. M.P.I. NO. 251091 1 State Proltrot No. 15220-2599 IELD 6004 NO.'S /A rLEr 1' - 40' SHEET 2 OF 2 40 0 20 40 EXHIBIT "B" Page 3 of 4 STATE PROJ. NO. PARCEL 'C' A portion of the existing Right of Wcy of Pierce Boulevard, recorded In Offlclal Record Book 4273, Page 523, Public Records of Pinellas County, Florida, lying In Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, and a portion of the existing Right of Way of Court Street, recorded In Off1clat Record Book 4867, Page 1480, Publle Records of Pinellas County Florida, 1ying In Section 16, Township 29 South, Range 15 East, Pinellas County, Florida, being more partlculcrly described es follows: Commence at a point on the north line of Block 6, Plan of Clearwater Harbor, Florida comprising A.C. Turner's Subdivision, recorded in Deed Book K, Page 475 of the Public Records of Hillsborough County, Florida of which Pinellas County was formerly a part, 15.61 feet west of the Northeast corner of Lot 1, Block 6, Plan of Clearwater Harbor, Florida comprising A.C. Turner's Subdivision, recorded In Deed Book K, Page 475 of the Public Records of Hillsborough County, Florida; thence running along sold north line and along the South Right of Wql line of Court Street, N 8-q32'48' W, 137.29 feet to the POINT OF BEGINNING; thence continue N 89'32'48'W, along sold South Right of Way line, 81.39 feet to a point, sold point lying on the East Right of Way line of Bay Avenue, recorded In Condominium Plat Book 102. Page 96 of the Public Records of Pinellas County, Florida; thence along sold the East Right of Way line of Bay Avenue, S 0902'04'E. 50.48 feet to a point, sold point Is on a curve which Is concave Southwesterly, sold point also Iles on the aforementioned Easterly Right of Way line of Pierce Boulevard Recorded In Official Record Book 4273, Page 523, Public Records of Plnelics County, Florida; thence running along the sold curve to the right, having a radius of 260.00 feet, a central angle of 32'22'03', the cord of which bears S 2Z12'00'E, a.chord distance of 144.93 feet, an arc distance of 146.88 feet to a point on the aforementioned Easterly Right of Way line of Pierce Boulevard Recorded In Official Record Book 4273, Page 523, Public Records of Pinellas County, Florida; thence continuing along sold Easterly Right of Way line of Pierce Boulevard S 06'00' 59`E, 31.24 feet to a point on the aforementioned Easterly Right of Way line of Pierce Boulevard Recorded in Official Record Book 4273, Page 523, Public Records of Pinellas County, Florida; thence N 33'53' 42' Nl, 195.47 feet to a point; thence N 56'06' 09' E, 1.84 feet to a point; thence N 33'54' 00'W, 14.83 feet to c point, sold point Is on a curve which Is concave Southeasterly; thence running along the said curve to the right, having a radius of 17.00 feet, a central angle of 34'42'23', the chord of which bears N 3227'19'E. a chord distance of 10.14 feet, on arc distance of 10.30 feet to a point; thence N 4-946'38'E, 34.71 feet to a point, sold point Is on a curve which Is concave Southerly; thence running along the sold curve to the right, having a radius of 86.00 feet, a central angle of 4rl3' 58', the chord of which bears N 7(723'45'E, a chord distance of 60.56 feet, on arc distance of 61.89 feet to a point, sold point Is on a curve which Is concave Southeasterly; thence running along the sold curve to the right, having a radius of 442.00 feet, a central angle of 0538'01', the chord of which bears S 8610'01'E, a chord distance of 43.44 feet, an arc distance of 43.46 feet to a point; thence S 37'10' 38' E. 11.15 feet to the POINT OF BEGINNING. Sold lands containing 8,918 square feet, more or less. NOT A SURVEY NOT V.LID 1A'I-F71S 7n7. AIGNATURE AND TNT OP10!1tAI NAISED SEAL OF A FLORIDA LiCENI`40 TI+7IVEYOR AND iWPPER. PKIM.IEL el! A!N CfQIMECA1,44 a ItUPYEYINO. 1 NC. 7 ? I J.R., !F%.HDCNW?O IL0a1DA PROFESS 111 41. LAND SURVEYOR rLOnfCA CE RI.IF ICATE NO. 2995 AMC ORi@FIDmA P7RVRSDq M IN I3oO LEE BLVD. P.O. BOX 1235 LEHIOH ACRES FLORIDA 23970 1•i00.224.494i REVIiE ARC LENGTH W 2 10-2• ® FX19417212•4724 REVI Slow SY DATE \oarcel c.dan 10/02/01 03:49:52 PNI FLORIDA DEPARTMENT OF TRANSPORTATIONI I RIGHT OF WAY MAPPING PARCEL SKETCH IS.R. 60 PINELLAS COUNTY BY GATE PRELIM 1.61 09-06-01 FINAL OKT 09-OT-01 CHECKED IAJ2 09-OT-01 YAPS PREPARED BY AIM ENG. 8 SURVEYING. INC. N.P.I. NO. 257093 1 5, DATE State Prejeof No. 15220-2599 FIELD BOCK NO.'S N/A SCALE. N /A SHEET I OF 2 EXHIBIT "B" Page 4 of 4 SECTION 16, TOWNSHI ° .c^9 SOUTH, RANGE 15 EAST STATE PROD. NO. 15220-2599 Delta = 41' 13' 56' (RT) Length = 61.89' Rodlus = 86.07' - Chord Baorlnp - N70'2345E Chord Length = 60.56' Della = 34' 42' 23' (RT) Length a 10.30' Radius + 17.00' Chord Bear/ng + NJ2'27'19'E Chord Length - 10.14' 1 N 33' 54' 00' W 1423' 09' W ? a Q_ ??N R fl 4T t = 40 0 20 40 anncri - a u 5 _Tr 10' 38' E NJ5' / 81.39' 137.29' to . N B9' J2' 48' W PoNdT OF N 89' 32' 43' W 3 BEGINNING ' NORTH LINE OF BLOCK 6 AND b SOUTH RIGHT OF WAY LINE OF COURT STREET H OFFICIAL RECORD BOOK 4867, PAGE 1480 PINELLAS COUNTY, FLORIDA EAST RIGHT OF WAY LINE OF BAY AVENUE CONOOMINIUM PLAT BOOK 102, PAGE 96 PINELLAS COUNTY, FLORIDA PARCEL 'C' Delta = 32' 22' 03' (RT) Length 146.88' s Radius =250.00' w Chord Bearing - S 22' 12' 00' E Chord Length = 1444"' N EASTERLY RIGHT OF WAY LINE OF PIERCE BOULEVARD OFFICIAL RECORD BOOK 4273, PAGE 523 PINELLAS COUNTY, FLORIDA W o? W $ 'n b ut 0 a: NOT A SURVEY FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF WAY MAPPING F.O.C. =POINT OF COMMENCEMENT AT A POINT 15.61' WEST OF THE NE CORNER OF LOT 1, PARCEL SKETCH BLOCK 6, PLAN OF CLEARWATER HARBOR, FLORIDA COMPRISING A.C. 7VRNER'S S.R. 60 PINELLAS COUNTY SUBDIVISION, DEED BOOK K, PAGE 475, of DATE APPROVED By DATE HILLSBOROUGH COUNTY, FLORIDA OF WHICH PRELIM AM 09-06-01 PINELLAS COUNTY WAS FORMERLY A PART FINAL DKT 09-07-01 CHECKED k4JZ 09-07-01 AZX 1110MUZI 0 & R.1TIFYIM D1C 3700 LEE BLVD. 4APS PREPARED BY FIE7D 9009 NO-'S P.C. 111101111111 BOX 5233 AIU ENG. 9 SURVEYING, INC. N/A LEHI CH ACRES fLOR10A33970 tr- P.I - N0. 257093 I SCALE. 1' 10' 1.500.226-4560 REVISE ARC LENGTH W2 IO.2.01 Stat• ProJoot No. 15220-2599 ISHEET 2 OF 2 FA9411732.8774 REVISION BY DATE ,..lparcel_c.dRn 10/02/0103:49:40 PM EXHIBIT "C" CL E C CL co 0 3 0 L C. ? O IC __r + ? 0 I I o r . ? v d) E?cn cn o a? N t { ?I ci jC r O i 4) 16- E ' { m co i 0 ° cm o?? ; ca cu Q , ? ° ° 1 O OO 0 w u.. 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U U co U') e- CD { O 0 (n v C) CD - 0 M M N ? «+ O cn .-- M e- i M V fJ O (? e- M N M O ?7 T- u1 O N N s? t O M M { M T-' O O F- ( r• N M ?i tC) (D P, aD 'm O r r r N r M r t} r { U (a a N a) t O rn c CL v O o .D D. ? • a) CA T a) ? C ? a) 0 7 l cc rn C) ^ CL 0 N O ?- M A 0 0 p C O Q U E "C L- CD •• c a '0 . m to o v m E w 72 r, a) r 0 ) cn D M o .? A o U O O O ca N y C) C:) CD W- C? CD 1 r r 0 0 r a u -, CL no b a) E 0 V 6 O M 0 0 CC CD 6 N N N - a ( C ? ca C M ?4' t v Q O C C 0 c 01010 m .0 a) m E U) CD CD CL CL 0 o N U) U)ID cc N (.°a O O - C aJ 0 N a m N ?.0.CXa ° o o a O C 0 C) a) C M W E c a E a C. ` 3U .`. c O O UD c o 0 0 0 • U D = N N N CA c - T 4. , a? o (v O N O U O N N N M v vM C > cc c a? X E a? > C ?`- 0 m U C C O ? v ?t O .C) 0 3 ? Q CL` a) v c a, m E IM m° CL) o? cm CV) C •'? ? (>a ami N C m (1 Q Q x Z X M C W 0 C O O M C ?\ O E Q ao CD C O C > a) m o N.0 m N L E > :. CL CD > c cc m m O L C H CD >4 0 v E c c c°? > O O a 0 ca •0 ? aD p M Q T? C X 0 r C .- Q c) > m a?°i.0E U) o N c E ° O p m O.0 Cn (D CL a) E 3 m m ? 6 M y ) O Q H ~ H < CIO V ? t0! CL E V m L? co CD G CO O v? a .1 •a C. V- 0 C) N U H 0 ? C a E o ro ? ro rn m ro rn 3 a? c ci CD O O Q) N M M ?n C M M N M w Co ?- L to r d o ti a) M CM cD M ti Nr 0 ? M co O co h LO O RT N N to T r- r.+ O F- v r -'p N CN t17 IT M m N M ? (p e r p M m M w N %- I` N r O ?- M co O co t V- 0 F-- m a fl N .? N N CO m M CO c?D CO a LO ccn C " r O . uj 1- 0) 0 N? r r r co t" N r > V3 L N M co d' o V- N Ul ti! m _ M N GD N co t- Ul N cm N c O v 'v ? 41 J ++ 0 ' U ._ ? a m ? e U ro co aD £ c a > m U ?- U m * ? co 1-- z ? ui D ui X > O ? ? ? S m ? ? U J u? c is c im- 9 0 l u u. -, ? z z z 0 U) co u5 a (.5 LL L. 0 1- O O N 0 co C Cy) C C 0 0 N 2 r C N M 0 E 0 co a? a? rncMm (D cm m 4) (D 3 U co -0 rn o c .?. o .a U) cn v ?. cr c ? ro c rn a? ? ;a ? D ? o U) Q 41 M 4-- O X W Agenda: (11/01/01) Item #40 /v?F( Ste" ?r s Clearwater City Commission Worksession Item #: Final Agenda Item # Agenda Cover Meeting Date: 11/01/01 Memorandum SUBJECT/RECOMMENDATION: Authorize the establishment of an "Emergency Operations" project in the amount of $285,772, 0 and that the appropriate officials be authorized to execute some. SUMMARY: • Several departments, primarily Police, Fire, Public Works, and Parks and Recreation have expressed the need to establish a funding source for necessities that arise in the case of a City emergency or storm. • This project would only made available for use upon the state of a declared City emergency by either the City Manager or upon declaration of a Federal or State emergency. The type of expenditures that would most likely be charged to such a project would be employee overtime costs or supplies directly related to the stated emergency. This would also provide a source of funds for emergency military leave supplemental compensation under City guidelines when City employees are called to active military duty. • Funding for this project would be available through the reallocation of the balance of funds currently existing in the "Hurricane George" project in the amount of $286,772. These funds represent a reimbursement by FEMA for operating expenditures incurred during the September 1998 storm. Because the storm was so late in the fiscal year, many of these costs were absorbed in the department budgets during the 1997/98 fiscal year, and there was never the necessity to reimburse these operations. FEMA funds reimbursing the City for these costs were received late in fiscal 1998/99 and of that amount, $286,772 remains unspent in the project. • This new project "Emergency Operations" will be established by a first quarter budget amendment transferring the $286,772 from project 181-99958, Hurricane George. Reviewed by. Originating Dept: Legal ?..} Info Srvc n/a OMB Budget Public Works Na User Dept. Purchasing Na DCWACM _ City Manager Risk Mgmt Na Other Attachments Penny for Pinellas project list Submitted by: city manager D None Printed on rocvcled DaDer Costs n1a Total n/a Funding Source: Current FY n/a CI OP Other Code: 181-99927 Rev. 2/98 Cite of Cleawater ..? c Final Agenda item # City Commission Meeting Date: 11/01/01 Agenda Cover Memorandum SUBJECURECOMMENDATION: Adopt Resolution # 01-40 supporting an administrative policy implementing provisions of Florida Statute Chapter 115.09 and 115.14, authorizing partial City pay and the continuation of City benefits to supplement military pay received by regular City employees who are members of the U.S. Military Reserves or the Florida National Guard and are ordered into active military duty in response to the tragic events of September 11, 2001. X and that the appropriate officials be authorized to execute same. SUMMARY: Governor Jeb Bush offered a resolution on September 25, 2001, that unanimously passed the Cabinet, requiring all State agencies to implement provisions of Florida Statues Chapter 115.09 and 115.14 guaranteeing that employees serving in the Florida National Guard and the U.S. Military Reserves not be faced with a cut in pay while they are on active duty in the aftermath of the terrorist attacks. The attached survey indicates numerous other local public sector agencies in our regional labor market have implemented policies that implement these supplemental military pay and benefit provisions. Fourteen (14) regular City employees are currently members of the U.S. Military Reserves or the Florida National Guard. Four of these City employees have already been ordered to active duty in support of Operation Enduring Freedom to support the war on terrorism and to increase homeland defense. This Resolution supports implementation of a City Policy, retroactive to September 11, 2001, that will provide full City pay and benefits for the first 30 days of a regular full time or part time City employee's active duty deployment. Thereafter, the City will provide supplemental pay necessary to raise a regular employee's military pay to the level of his/her City pay, as well as continuation of the employee's existing benefits for a period of up to six (6) months, with provision for supplemental pay and benefits to be extended by the City Manager for an additional six (6) months. Although the amount of supplemental pay will vary based upon the number of regular City employees ordered to active duty and the difference between the employee's City pay and his/her military pay during the active duty deployment, the average supplement payment for the four current employees ordered to active duty is estimated to be $1,897 per month. Based upon these estimates and assuming active duty deployment for the maximum period of time an employee could receive supplemental compensation under provision of the policy, it is estimated that approval of this policy will cost approximately $106,000. It is recommended that affected departments identify and absorb costs related to supplemental military leave pay and benefits through salary savings, or if necessary, fund any deficits from a proposed "Emergency Operations" project to be established in the first quarter. Reviewed by: Legal Budget Purchasin 9 Info Tech NA Originating Dept: ?^ Richard Ebelke /H man Resources User Dept. Costs Funding Source: Captid improvement Operating Other Total Public Works NA DCM/ACM Risk NA Other NA Mg Mt Submitted by: Printed on recycled noner Attachments 0 None Current Fisco., `rear Gn,. Appropriation Code: 2/98 REGIONAL SURVEY. MILITARY ARMED FORCES RESERVES AND FLORIDA STATE NATIONAL GUARD CALL UP COMPENSATION PROVISIONS 30 DAYS OF SUPPLEMENTAL AGENCY PAID LEAVE DIFFERENTIAL PAY St. Petersburg Yes Yes - 90 days Pinellas County Yes Yes - Unlimited Largo Yes Yes - 60 Days Pinellas Park Yes Yes - 5 Months Tampa Yes Yes - 6 Months Hillsborough Co. Yes Yes - Unlimited Pasco County Yes Yes - 6 Months Orlando Yes Yes - 6 Months Clearwater No No Other Florida agencies responding to an e-mail survey that currently provide for both 30 days of full pay and supplemental differential pay upon an employee's emergency activation to military duty are Volusia County, Osceola County, City of Pensacola, and Broward County. Numerous other agencies h ave reported that implementation of provisions authorized by Chapter 115.09 and 115.14 of the Florida Statutes is currently under consideration. RESOLUTION NO. 01-40 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING SUPPLEMENTAL PAYMENT TO CITY EMPLOYEES WHO HAVE BEEN CALLED TO ACTIVE MILITARY DUTY IN ACCORDANCE WITH FLORIDA STATUTES SECTIONS 115.09 AND 115.14; PROVIDING AN EFFECTIVE DATE. WHEREAS, the President of the United States has exercised his authority to call to active military service members of the National Guard and Reserve military forces within the State of Florida, in order to support the Homeland Defense and Operation Enduring Freedom; and WHEREAS, the Governor of the State of Florida has issued a resolution directing all state agencies to ensure that employees serving in the Florida National Guard and Reserves called to active military service receive their full civilian pay for the first thirty (30) days of their active duty in addition to their military pay, and thereafter receive pay necessary to raise their military pay to the level of their civilian pay, and continue their existing benefits, in accordance with Florida Statutes Sections 115.09 and 115.14; and WHEREAS, numerous City employees are subject to being called to active military service as a result of the President's order; and WHEREAS, the City of Clearwater City Commissioners find it to be in the best interest of the City to supplement the military pay of City employees called to active military service for the first thirty (30) days with full pay, and thereafter with an amount necessary to bring their total salary to the level earned by them in City service at the time they were called to active military duty, and to continue their existing benefits. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater shall supplement the military pay of its officials and full- and part-time employees who are in the National Guard or Reserves and who are called to active military service for the first thirty (30) days with full pay and benefits, and, thereafter with an amount necessary to bring their total salary, inclusive of their base military pay, to the level earned by them in service with the City at the time they were called to active military duty and benefits, for six months, and the City Manager may extend such benefits and supplemental pay differential for up to an additional six months, and such supplemental payments and benefits shall be retroactive to September 11, 2001. The City Manager shall develop policies to implement this Resolution. Section 2. This resolution shall take effect immediately upon adoption. Resolution No. 01-40 PASSED AND ADOPTED this day of Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney 17 , 2001. Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Resolution 01-40 ci c? E 0 V C GPI 0 V c? W O-A C Q 2 U ?- M ^- N M a 0 ? c o w o \?o CN Tt C? N W O Q kn C -Ir -T 00 N r- 0 110 N Q) O d d' kr) N 00 O to 70 'IT I?t I;t r4) Q I?t -4:r d d V\ It [ 't d ? ? 11 c''1 M M M M N M M 42 co '? w I c i i i 03 cz i ct cl a? U i w U ai U aClii .? cli U a03i UI U U U U C 0 0 .? V cz oo ao v o3 ~ ~ `n &- CTJ w ,L) W-1 00 --+ r- o cw S1 00 v? "o \10 M d- M rV cu y 0 v? CO En V N a U ? z U L 0 4? cd .C r W ? ?. w ° Q U U 4 t1. Ei ,? cz V cz U C4 U '? I-V U H W ?> ? ry `.J .C w r.+ 0 V wC' W L 0 V Ln b C rJ U M rl N M C-q M M 0 O r~ N ? N bl N zl `? 0 d O N O ?U O d ' d 00 .= V •-• O O n N M N 1-n O O r-+ CT M M N Q _ ' d d ? - - 00 d ? Vr ?J ?J ? Vr ?O M cn m M f') M m ?} NI M M M M ?r M M a? ? w w w s w `? v? r t cC m R cd ca ca c-4 U U U U U U U cn c? CIS ?' ?? cli C 03 2 N O M O O Cl) ?U M I M M N ti. U v n ? 4-j bA r-+ . ? -- 0 U x U U En ) V3 Q cn O N cci ^ V Cj w H U ?= a cn ro tA G C •O ?I E? 0 V "O 0 . Island Estates NCOD Nominations Committee Dr. Thomas A. Caleca 625 Snug Island Clearwater, Fl 442-2668 Mr. Rusty Hoaglin 30 Midway Island Clearwater, Fl 461-5100 Dr. Charles A. Kottmeier 735 Island Way Clearwater, Fl 449-0041 Mr. James Christopher 300 Leeward Island Clearwater, Fl 33767 443-7044 E-mail: James(@TampaBay.RR.com Mr. Jim Amirault 419 Midway Island Clearwater, Fl 442-0580 Mr. Philip 1VMatonte 307 Leeward Island Clearwater, Fl 33767 813-220-4707 Ms. Sandy Cole 2 Windward Island Clearwater, Fl 442-0332 (w) 442-4272 (hm) off' Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # ,.? Meeting Date: 11/01/01 SUBJECT/RECOMMENDATION: Pass on first reading Ordinance 6915-01 providing for Water and Sewer Revenge Bonds to be issued in one or more series to fund the system capital improvements, and amending ordinances 3674-84, 5355-93 and 6311-98, 0 and that the appropriate officials be authorized to execute same. SUMMARY: A Water and Sewer rate study has been completed which proposed a 7% increase in water and sewer rates effective 7/1/011 4/1/02, 1/1/031 10/1/031 and 10/1/04. The City Commission approved these rate increases which are sufficient to provide for operations, capital projects, and debt service on bonds issued during this time period. • This rate study identified a need for approximately $137.4 million in capital projects, with bonds to be issued in 2001/2002 of approximately $53,776,000 and in 2003/2004 of approximately $35,657,000 and with interim financing of $23,239,000 in 2005 in anticipation of a $40,644,000 bond issue in 2006. Following is the list of $53,776,000 in projects to be financed from the 2001/2002 bond issue: Amount Northeast Advanced Waste Water Treatment Carousel $ 315,600 Laboratory Building 21198,960 Water Pollution Control Master Plan - Phase I 11 11700,040 Pump Station Replacement 41560,000 Reclaimed Water 7,253,920 Northeast Improvements 7,079,020 Water Treatment Plant 61250,000 Sewer Interceptor Lines 11781,000 Sewer Manholes & Gravity Lines 500,000 Water Disinfection Systems 11400,000 Water Service Lines 11000,000 Clearwater Harbor Sewer Line Relocation (JPA) 550,000 Clearwater Harbor Force Main (Bridge) 11440,560 Clearwater Harbor. Water Transmission Main Replacement 11848,480 Water Supply & Treatment 11951,000 Line Relocation -Capitalized 11709,200 Meter/Backflow Prevention Device Repair/Change-out 275,000 WPC Master Plan Phase II 1,200,000 Sanitary Sewer Renewal & Replacement 8,218,000 AWT Facilities 545,220 Sanitary Sewer Relocation 2,000,000 Total $53,775,000 • The amendment to the previous ordinances relates to the process to be followed when issuing additional bonds. • A sale resolution will be brought forward for Commission adoption at a subsequent date detailing the specifics of the sale. • The complete ordinance is available in the City Clerk Department. Reviewed by: Originating Dept: M. Simmons Costs Legal Info Srvc N/A Finance Total Budget Public Works User Dept. ? : Funding Source: Purchasing N/A DCM/AC Public Works ,, )/) Current FY CIP Risk Mgmt N/A Other N/A Attachments OP Ordinance 6915-01 Other Submitted by: '?? .m ? 4 0 None City Manager r, 4U404- Appropriation Code: ORDINANCE NO. 6915-01 AN ORDINANCE PROVIDING FOR WATER AND SEWER REVENUE BONDS, SERIES [TO BE DETERMINED] OF THE CITY OF CLEARWATER, FLORIDA, TO BE ISSUED IN ONE OR MORE SERIES OVER ONE OR MORE YEARS; TO FINANCE OR REFINANCE THE COST OF DESIGN, ACQUISITION, CONSTRUCTION OR RECONSTRUCTION OF IMPROVEMENTS TO THE CITY'S WATER AND SEWER SYSTEM; PROVIDING FOR THE PAYMENT OF THE BONDS FROM THE NET REVENUES OF THE CITY'S WATER AND SEWER SYSTEM AND CERTAIN OTHER MONEYS PLEDGED THEREFOR; PROVIDING FOR THE RIGHTS OF THE HOLDERS OF SUCH BONDS; AMENDING ORDINANCE NO. 3674-84, ORDINANCE NO. 5355-93 AND ORDINANCE NO. 6311-98; WHICH AUTHORIZED THE PARITY BONDS TO ALLOW DELIVERY OF ADDITIONAL BONDS PARITY CERTIFICATE BY FINANCIAL SERVICES ADMINSTRATOR; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: SECTION 1. AUTHORITY FOR THIS ORDINANCE. This Ordinance is enacted pursuant to Chapter 166, Part II, Florida Statutes, and other applicable provisions of law and pursuant to Section 16R of Ordinance No. 3674-84, as amended and supplemented (the "Original Ordinance") and is supplemental to the Original Ordinance. SECTION 2. DEFINITIONS. The following terms shall have the following meanings herein, unless the text otherwise expressly requires. Words importing singular number shall include the plural number in each case and vice verse, and words importing persons shall include firms and corporations. "Accreted Value" shall mean, as of any date of computation with respect to any Capital Appreciation Bond, an amount equal to the principal amount of such Capital Appreciation Bond (the principal amount at its initial offering) plus the interest accrued on such Capital Appreciation Bond from the date of delivery to the original purchasers thereof to the Interest Payment Date next preceding the date of computation or the date of computation if an Interest Payment Date, such interest to accrue at a rate not exceeding the legal rate, compounded semi-annually, plus, with respect to matters related to the payment upon redemption or acceleration of the Capital Ordinance No. 6915-01 Appreciation Bonds, if such date of computation shall not be an Interest Payment Date, a portion of the differ--nce between the Accreted Value as of the immediately preceding Interest Payment Date and the Accreted Value as of the immediately succeeding Interest Payment Date, calculated based on the assumption that Accreted Value accrues during any semi-annual period in equal daily amounts on the basis of a 360 day year consisting of 12 months of 30 days each. "Act" shall mean Chapter 166, Part II, Florida Statutes, and other applicable provisions of law. "Additional Bonds" shall mean Bonds issued in compliance with the terms, conditions and limitations contained herein and in Section 16R of the Original Ordinance, which (i) shall have a lien on the Pledged Revenues equal to that of the Bonds, (ii) shall be payable from the Pledged Revenues on a parity with the Bonds, and (iii) rank equally in all other respects with the Bonds. "Amortization Installments" with respect to any Term Bonds of a Series, shall mean an amount or amounts so designated which is or are established for the Tenn Bonds of such Series by subsequent resolution of the Issuer and established with respect to such Term Bonds, provided that (i) each such installment shall be deemed to be due on such interest or principal maturity date of each applicable year as is fixed by subsequent resolution of the Issuer and shall be a multiple of $5,000 principal amount (or $5,000 Maturity Amount, in the case of Capital Appreciation Term Bonds), and (ii) the aggregate of such installments for such series shall equal the aggregate principal amount (or Maturity Amount, in the case of Capital Appreciation Term Bonds) of Term Bonds of such Series authenticated and delivered on original issuance. "Authorized Investments" shall mean, with respect to a Series of Bonds, any of the following if and to the extent the same are at the time legal for investment of municipal funds: (1) Bonds or other obligations which as to principal and interest constitute direct obligations of, or are unconditionally guaranteed by, the United States of America, including any of the federal agencies and federally sponsored entities set forth in clause (3) hereinafter to the extent guaranteed by the United States of America. In the event these securities are used for defeasance, they shall be non-callable and non-prepayable; (2) Obligations of any of the following federal agencies or federally sponsored entities which obligations represent the frill faith and credit (guaranteed obligations) of the United States of America, in the event these securities are used for defeasance, they shall be non- callable and non-prepayable, (including but not limited to) the following: a. Export-Import Bank; b. Farm Credit System Financial Assistance Corporation; C. Rural Economic Community Development Administration (formerly the Farmers Home Administration); d. General Services Administration; e. U.S. Maritime Administration; 2 Ordinance No. 6915-01 f. Small Business Administration; g. Government National Mortgage Association (GNMA); h. U.S. Department of Housing & Urban Development (PHA's); i. Federal Housing Administration; and j. Federal Financing Bank (3) Direct obligations of any of the following federal agencies or federally sponsored entities which are not filly guaranteed by the full faith and credit of the United States of America, in the event these securities are used for defeasance, they shall be non-callable and non- prepayable: a. Federal National Mortgage Association (FNMA); b. Federal Home Loan Mortgage Corporation (FHLMC); C. Resolution Funding Corporation (REFCORP); d. Student Loan Marketing Association (SLMA); C. Federal Home Loan Bank Systems (FHLB); and f. Obligations of other Government Sponsored Agencies (approved by the Insurer). The following obligations may be used as Permitted Investments for all purposes other than defeasance investments in refunding escrow accounts. (4) Commercial paper which is rated at the time of purchase in the highest classification (without regard to qualifier), "A-1" by S&P and "P-1" by Moody's and which matures not more than 270 days after the date of purchase. (5) Investment agreements the provider of which is rated in one of the two highest rating categories, without regard to qualifiers, by two Rating Agencies under which the provider agrees to periodically deliver, on a delivery versus payment basis, such securities as are described in clauses (1-4) above. (6) Investment agreements the provider of which is rated in one of the two highest rating categories, without regard to qualifiers, by two Rating Agencies and which are continuously and fully secured by such securities as are described in clauses (1-3) above, which securities shall have a market value at all times at least equal to 102% of the principal amount invested under the investment agreement (marked to market at least weekly). (7) The pooled investment program of the State of Florida administered by the State Board of Administration, known as the Local Government Surplus Funds Trust Fund, established pursuant to Chapter 218, Part IV, Florida Statutes, as amended. (8) Other forms of investments (including repurchase agreements) approved in writing by the Bond Insurer with notice to Standard & Poor's. 3 Ordinance No. 6915-01 With respect to any Series of Bonds issued hereunder, such additional investments as are approved by subsequent resolution of the Issuer adopted prior to the issuance of such Series of Bonds. "Bond Insurance Policy" shall mean the municipal bond new issue insurance policy issued by a Bond Insurer that guarantees payment of principal of and interest on the Bonds or any Additional Parity Bonds. "Bond Insurer" shall mean the provider of a Bond Insurance Policy for a Series of Bonds so designated in a supplemental resolution of the Issuer. "Bondholder" shall mean a registered owner of a Bond as shown on the registration books of the Registrar. "Bond Service Requirement" for any Fiscal Year, as applied to the Bonds of any series, shall mean the sum of: (1) the amount required to pay the interest becoming due on the Bonds of such series during the Fiscal Year, except to the extent that such interest shall have been provided by payments into the Sinking Fund out of bond proceeds for a specific period of time or by payments of investment income into the Sinking Fund from the Bond Service Account or any subaccounts therein. Whenever such income is applied in calculating a Bond Service Requirement for any purpose, such income shall also be excluded in the computation of Gross Revenues for such purpose. (2) the amount required to pay the principal of Serial Bonds of such series maturing in such Fiscal Year. (3) the Amortization Installments for Term Bonds of such series for such Fiscal Year. (4) in the event the Issuer has purchased or entered into an agreement to purchase Federal Securities or Authorized Investments from moneys in the Bond Service Account, then the income received or to be received on such Federal Securities or Authorized Investments from the date of acquisition thereof to the date of maturity thereof, unless otherwise designated for other purposes, shall be taken into consideration in calculating the payments which will be required to be made into the Sinking Fund and the Bond Service Account therein. Whenever such income is applied in calculating a Bond Service Requirement for any purpose, such income shall also be excluded in the computation of Gross Revenues for such purpose. "Bonds" shall mean the Parity Bonds, Series 2001 Bonds, and any Additional Bonds permitted to be issued hereunder from time to time in accordance with the provisions hereof. 4 Ordinance No, 6915-01 "Capital Appreciation Bonds" shall mean Bonds the interest on which is payable only at maturity or redemption, as determined by subsequent resolution. "Capital Appreciation Term Bonds" shall mean Capital Appreciation Bonds of a series all of which shall be stated to mature on one date, which shall be subject to retirement by operation of the Bond Amortization Account, and the interest on which is payable only at maturity or redemption. "City Manager" shall mean the City Manager of the Issuer. "Clerk" shall mean the City Clerk of the Issuer. "Consulting Engineers" shall mean such qualified and recognized consulting engineers, having a favorable repute for skill and experience in the construction and operation of such facilities as the System, at the time retained by the Issuer to perform the acts and carry out the duties as herein provided for Consulting Engineers. "Cost of Operation and Maintenance" of the System shall mean the current expenses, paid or accrued, of operation, maintenance and repair of the System as calculated in accordance with sound accounting practice, but shall not include any reserves for renewals and replacements, for extraordinary repairs or any allowance for depreciation or amortization. "County" shall mean Pinellas County, Florida, a political subdivision of the State. "Federal Securities" shall mean only direct obligations of, or obligations fully guaranteed as to principal and interest by, the United States of America. "Finance Director" shall mean the Financial Services Administrator of the Issuer or her designee. "Fiscal Year" shall mean the period commencing on October 1 of each year and ending on the succeeding September 30, or such other period as is at the time prescribed by law. "Gross Revenues" shall mean all income or earnings, including any income from the investment of funds as herein provided, derived by the Issuer from the operation of the System. "Increased Capacity Requirements" means any increased demand upon or usage of the capital facilities of the System resulting from additional connections thereto, or from substantial changes to or in the use of properties connected thereto. "Issuer" or the "City" shall mean the City of Clearwater, Florida. "Maturity Amount" means the amount payable upon the stated maturity of a Capital Appreciation Bond equal to the original principal amount thereof plus all accrued interest thereon from the date of issue to the date of maturity. 5 Ordinance No. 6915-01 "Maximum Bond Service Requirement" shall mean, as of any particular date of calculation, the greatest amount of aggregate Bond Service Requirement for the then current or any Future Fiscal Year. "Mayor-Commissioner" shall mean the Mayor-Commissioner or the Vice Mayor of the City Commission of the Issuer, or such other person as may be duly authorized by the Mayor- Commissioner to act on his or her behalf. "Net Revenues" of the System shall mean the Gross Revenues after deduction of the Cost of Operation and Maintenance. "Original Ordinance" shall mean Ordinance No. 3674-84, as amended and supplemented, of the Issuer, authorizing the Parity Bonds. "Parity Bonds" shall mean the Issuer's outstanding Water and Sewer Refunding Revenue Bonds., Series 1993 and Water and Sewer Refunding Revenue Bonds, Series 1998. "Paying Agent" shall mean any paying agent for Bonds appointed by or pursuant to a supplemental resolution and its successors or assigns, and any other Person which may at any time be substituted in its place pursuant to a supplemental resolution. "Payment Date" shall mean, with respect to payment to the Bondholders of principal or interest on the Bonds, or with respect to the mandatory amortization of Term Bonds, the date upon which payment of such principal, interest or Amortization Installment is required to be made to the Paying Agent. "Person" shall mean an individual, a corporation, a partnership, an association, a joint stock company, a trust, any unincorporated organization or governmental entity. "Pledged Revenues" shall mean the Net Revenues. "Project Costs" shall mean all costs authorized to be paid from the Construction Fund pursuant to Section 17 hereof to the extent permitted under the laws of the State. It is intended that this definition be broadly construed to encompass all costs, expenses and liabilities of the Issuer related to the Project which on the date of this Ordinance or in the future shall be permitted to be Rinded with the proceeds of any Series of Bonds pursuant to the laws of the State. "Projects" shall mean the design, acquisition, construction or reconstruction of capital improvements to the System undertaken by the City from time to time, all as may be designated by subsequent resolution of the Issuer adopted with respect to any Series of Bonds. "Put Bonds" shall mean the Term Bonds so designated by resolution or ordinance of the Issuer at or prior to the time the Bonds of any series are sold. 6 Ordinance No. 6915-01 "Registrar" shall mean any registrar for the Bonds appointed by or pursuant to supplemental resolution and its successors and assigns, and any other Person which may at any time be substituted in its place pursuant to supplemental resolution. "Reserve Requirement" shall be such amount as determined by subsequent Resolution of the Issuer relating to a specific Series of Bonds adopted prior to the issuance of such Bonds, which may not exceed the lesser of (i) the Maximum Bond Service Requirement, (ii) 125% of the average annual Bond Service Requirement or (iii) the largest amount as shall not adversely affect the exclusion of interest on the Bonds from gross income for Federal income tax purposes. "Serial Bonds" shall mean any Bonds for the payment of the principal of which, at the maturity thereof, no Amortization Installments are required to be made prior to the stated date of maturity of such Serial Bonds. "Series" or "Series of Bonds" or "Bonds of a Series" shall rnean all Bonds designated as being of the same Series issued and delivered on original issuance in a simultaneous transaction, and any Bonds thereafter delivered in lieu thereof or in substitution therefor pursuant to this Ordinance. "System" shall mean the complete combined and consolidated water system and sanitary sewer system of the Issuer now owned by the Issuer., or hereafter constructed or acquired by the Issuer, together with all lands or interests therein, including plants, buildings, machinery, franchises, pipes, mains, fixtures, equipment and all property, real or personal, tangible or intangible, now or hereafter owned or used in connection therewith, and including any undivided or partial ownership interests therein. "Term Bonds" shall mean the Bonds of a series all of which shall be stated to mature on one date and which shall be subject to retirement by operation of the Bond Amortization Account. "2001 Bonds" shall mean the Series of Bonds initially issued under this Ordinance and designated as Series 2001 Bonds. "2001 Project" shall mean the Project or Projects authorized to be financed with the proceeds of the Series 2001 Bonds as identified by subsequent resolution of the Issuer adopted prior to the issuance of the Series 2001 Bonds, consisting of design, acquisition, construction or reconstruction of capital improvements to the System undertaken by the City from time to time, a portion of the cost of which are to be paid from the proceeds of the Series 2001 Bonds SECTION 3. FINDINGS. It is hereby ascertained, determined and declared that: A. The Issuer now owns, operates and maintains the System and is empowered to maintain, operate, improve and extend such system. and regulate and fix reasonable rates and charges for the services furnished thereby. 7 Ordinance No. 6915-01 B. The Issuer derives Gross Revenues from rates, fees and charges made and collected for the services and facilities of the System supplying water and sanitary sewerage services and the Gross Revenues are not pledged or encumbered in any manner, except for payment of the Parity Bonds. C. Any Series of Bonds and the project to be funded with the proceeds of such Series of Bonds, shall be issued and such projects shall be undertaken upon approval by subsequent resolution of the Issuer as provided by law. The proceeds of any Series of Bonds shall be applied as provided in a supplemental ordinance or resolution. D. Section 16R of the Original Ordinance provides for the issuance of Additional Bonds under the terms, limitations and conditions provided therein. E. The Issuer has complied, or will comply prior to the delivery of the Bonds, with all the terms, conditions and restrictions contained in Section 16R of the Original Ordinance. The Issuer is therefore legally entitled to issue the Bonds as Additional Bonds within the authorization contained in the Original Ordinance and the covenants in the Original Ordinance shall apply to the Bonds. F. The Bonds herein authorized shall be on a parity and rank equally, as to lien on and source and security for payment from the Pledged Revenues and in all other respects, with the Parity Bonds. G. The estimated Pledged Revenues will be sufficient to pay all of the principal of and interest on the Bonds, as the same become due, and to make all required sinking fund, reserve and other payments required under this Ordinance and the Original Ordinance. H. The principal of and interest on the Bonds and all required sinking fund, reserve and other payments shall be made solely from the Pledged Revenues as herein provided. The Issuer shall never be required to levy ad valorem taxes on any property therein to pay the principal of and interest on the Bonds or to make any of the required sinking fund, reserve or other payments, and any failure to pay the Bonds shall not give rise to a lien upon any property of or in the Issuer, except the Pledged Revenues. I. The total indebtedness of the Issuer, within the meaning of the Issuer's charter, does not exceed twenty per centum (20%) of the current assessed valuation of all real property located in the Issuer, and will not exceed such amount after issuance of the Bonds. SECTION 4. AUTHORIZATION OF SERIES 2001 BONDS. There is hereby authorized the issuance of the initial Series of Bonds hereunder to be designated the Series 2001 Bonds, in a principal amount of not to exceed $62,000,000, subject to such terms and conditions as set forth herein and in subsequent Resolutions of the Issuer adopted prior to the issuance of the 2001 Bonds. The proceeds of which shall be used to pay the costs of capital improvements to the System, the costs of issuing the 2001 Bonds, including any municipal bond insurance, and to fitnd a debt service reserve fund. 8 Ordinance No. 6915-01 r- 77.1 B. The Issuer derives Gross Revenues from rates, fees and charges made and collected for the services and facilities of the System supplying water and sanitary sewerage services and the Gross Revenues are not pledged or encumbered in any manner, except for payment of the Parity Bonds. C. Any Series of Bonds and the project to be funded with the proceeds of such Series of Bonds, shall be issued and such projects shall be undertaken upon approval by subsequent resolution of the Issuer as provided by law. The proceeds of any Series of Bonds shall be applied as provided in a supplemental ordinance or resolution. D. Section 16R of the Original Ordinance provides for the issuance of Additional Bonds under the terms, limitations and conditions provided therein. E. The Issuer has complied, or will comply prior to the delivery of the Bonds, with all the terms, conditions and restrictions contained in Section 16R of the Original Ordinance. The Issuer is therefore legally entitled to issue the Bonds as Additional Bonds within the authorization contained in the Original Ordinance and the covenants in the Original Ordinance shall apply to the Bonds. F. The Bonds herein authorized shall be on a parity and rank equally, as to lien on and source and security for payment from the Pledged Revenues and in all other respects, with the Parity Bonds. G. The estimated Pledged Revenues will be sufficient to pay all of the principal of and interest on the Bonds, as the same become due, and to make all required sinking fund, reserve and other payments required under this Ordinance and the Original Ordinance. H. The principal of and interest on the Bonds and all required sinking fund, reserve and other payments shall be made solely from the Pledged Revenues as herein provided. The Issuer shall never be required to levy ad valorem taxes on any property therein to pay the principal of and interest on the Bonds or to make any of the required sinking fund, reserve or other payments, and any failure to pay the Bonds shall not give rise to a lien upon any property of or in the Issuer, except the Pledged Revenues. I. The total indebtedness of the Issuer, within the meaning of the Issuer's charter, does not exceed twenty per centum (20%) of the current assessed valuation of all real property located in the Issuer, and will not exceed such amount after issuance of the Bonds. SECTION 4. AUTHORIZATION OF SERIES 2001 BONDS. There is hereby authorized the issuance of the initial Series of Bonds hereunder to be designated the Series 2001 Bonds, in a principal amount of not to exceed $62,000,000, subject to such terms and conditions as set forth herein and in subsequent Resolutions of the Issuer adopted prior to the issuance of the 2001 Bonds. The proceeds of which shall be used to pay the costs of capital improvements to the System, the costs of issuing the 2001 Bonds, including any municipal bond insurance, and to fiend a debt service reserve fund. 8 Ordinance No. 6915-01 SECTION 5. ORDINANCE TO CONSTITUTE CONTRACT. In consideration of the acceptance of the Bonds by the Bondholders from time to time, this Ordinance shall be deemed to be and shall constitute a contract between the Issuer and such Bondholders. The covenants and agreements herein set forth to be performed by the Issuer shall be for the equal benefit, protection and security of the legal Bondholders of any and all of such Bonds, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided therein and herein. SECTION 6. AUTHORIZATION OF BONDS. Subject and pursuant to the provisions hereof and as shall be described in subsequent resolutions of the Issuer to be adopted prior to the issuance of any Series of Bonds, obligations of the Issuer to be known as "Water and Sewer [Refunding] Revenue Bonds, Series [To Be Determined]" are authorized to be issued in one or more series (including Additional Bonds) from time to time. The aggregate principal amount of the Bonds which may be executed and delivered under this Ordinance is not limited except as is or may hereafter be provided in Section 17T hereof or as limited by the Act, by law or Section 16IZ of the Original Ordinance. SECTION 7. DESCRIPTION OF BONDS. The Bonds shall be issued in fully registered form; may be Capital Appreciation Bonds, Capital Appreciation Term Bonds, Variable Rate Bonds, Serial Bonds or Tenn Bonds; shall be dated; shall be numbered consecutively from one upward in order of maturity preceded by the letter "R"; shall be in the denomination of $5,000 each, or integral multiples thereof for the Serial Bonds and in $5,000 Maturity Amounts for the Capital Appreciation Bonds or in $5,000 multiples thereof, or such other denominations as shall be approved by the Issuer in a supplemental resolution prior to the delivery of a Series of Bonds; shall have such Paying Agent and Registrar; shall bear interest at such rate or rates not exceeding the maximum rate allowed by State law, the actual rate or rates to be approved by the governing body of the Issuer prior to or upon the sale of the Bonds; such interest to be payable at such times as are fixed by supplemental resolution of the Issuer and shall mature annually on such date in such years and in such amounts as will be fixed by supplemental resolution of the Issuer prior to or upon the sale of any series of Bonds; and may be issued with variable, adjustable, convertible or other rates with original issue discounts and/or original issue premium; all as the Issuer shall provide herein or hereafter by supplemental resolution. Each Series of Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated, unless authenticated on an interest payment date, in which case it shall bear interest from such interest payment date, or, unless authenticated prior to the first interest payment date, in which case it shall bear interest from its date; provided, however, that if at the time of authentication payment of any interest which is due and payable has not been. made, such Series of Bond shall bear interest from the date to which interest shall have been paid. The Capital Appreciation Bonds shall bear interest only at maturity or upon redemption prior to maturity in the amount determined by reference to the Accreted Value of such Bonds. 0 ordinance No. 6915-01 The principal of and the interest redemption premium, if any, on the Bonds shall be payable in any coin or currency of the United States of America which on the respective dates of payment thereof is legal tender for the payment of public and private debts. The interest on any Bonds (other than Capital Appreciation Bonds) shall be payable by the Paying Agent on each interest payment date to the person appearing on the registration books of the Issuer hereinafter provided for as the registered Holder thereof, by check or draft mailed to such registered Holder at his address as it appears on such registration books or by wire transfer to Holders of $1,000,000 or more in principal amount of the Bonds. Payment of the principal of all Bonds and the Accreted Value with respect to the Capital Appreciation Bonds shall be made upon the presentation and surrender of such Bonds as the same shall become due and payable. Notwithstanding any other provisions of this section, the Issuer may, at its option, prior to the date of issuance of any Series of Bonds, elect to use an immobilization system or pure book- entry system with respect to issuance of such Series of Bonds, provided adequate records will be kept with respect to the ownership of such Series of Bonds issued in book-entry form or the beneficial ownership of bonds issued in the name of a nominee. As long as any Bonds are outstanding in book-entry form the provisions of this Ordinance inconsistent with such system of boot.-entry registration shall not be applicable to such Bonds. The details of any alternative system of issuance, as described in this paragraph, shall be set forth in a resolution of the Issuer duly adopted at or prior to the sale of such Series of Bonds. SECTION 8. EXECUTION OF BONDS. The Bonds shall be executed in the name of the Issuer by the Mayor-Commissioner and City Manager and attested by the City Clerk, and approved as to form, sufficiency and correctness by the City Attorney, either manually or with his or her facsimile signature, and the official seal of the Issuer or a facsimile thereof shall be affixed thereto or reproduced thereon. The facsimile signature of such officers may be imprinted or reproduced on the Bonds. The Certificate of Authentication of the Bond Registrar shall appear on the Bonds, and no bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this Ordinance unless such certificate shall have been duly executed on such Bond. The authorized signature for the Bond Registrar shall be either manual or facsimile; provided, however, that at least one of the signatures appearing on the Bonds shall at all times be a manual signature. In case any officer whose signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such signature or facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. Any Bond may be signed and sealed on behalf of the Issuer by such person who at the actual time of the execution of such Bonds shall hold the proper office with the Issuer, although at the date of enactment of this Ordinance such person may not have held such office or may not have been so authorized. SECTION 9. AUTHENTICATION OF BONDS. Only such of the Bonds as shall have endorsed thereon a certificate of authentication substantially in the form hereinbelow set forth, duly executed by the Registrar, as authenticating agent, shall be entitled to any benefit or security under this Ordinance. No Fond shall be valid or obligatory for any purpose unless and until such certificate of authentication shall have been duly executed by the Registrar, and such certificate of the Registrar upon any such Bond shall be conclusive evidence that such Bond has been duly authenticated and delivered under this Ordinance. The Registrar's certificate of 10 Ordinance No. 6015-01 Q;; ' b authentication on any Bond shall be deemed to have been duly executed if signed by all authorized officer of the Registrar, but it shall not be necessary that the same officer sign the certificate of authentication of all of the Bonds that may be issued hereunder at any one tinne. SECTION 10. NEGOTIABILITY. Subject to the provisions hereof respecting registration and transfer, the Bonds shall be and shall have all the qualities and incidents of negotiable instruments under the laws of the State of Florida, and each successive holder, in accepting any of the Bonds, shall be conclusively deemed to have agreed that the Bonds shall be and have all of such qualities and incidents of negotiable instruments under the Uniform Commercial Code - Investment Securities of the State of Florida. SECTION 11. REGISTRATION, EXCHANGE AND TRANSFER. There shall be a Bond Registrar for the Bonds which may be the Issuer or a designated bank or trust company located within or without the State of Florida. The Bond Registrar shall maintain the registration books of the Issuer and be responsible for the transfer and exchange of the Bonds. The Issuer shall, prior to the proposed date of delivery of the Bonds, by resolution designate the Bond Registrar and Paying Agent. The Bond Registrar shall maintain the books. for the registration of the transfer and exchange of the Bonds in compliance with the Florida Registered Public Obligations Act and the system of registration as established by the Issuer pursuant thereto. Bonds may be transferred upon the registration books, upon delivery to the Registrar, together with written instructions as to the details of the transfer of such Bonds, along with the social security number or federal employer identification number of such transferee and, if such transferee is a trust, the name and social security or federal employer identification numbers of the settlor and beneficiaries of the trust, the date of the trust and the name of the trustee. No transfer of any Bond shall be effective until entered on the registration books maintained by the Bond Registrar. Upon surrender for transfer or exchange of any Bond, the Issuer shall execute and the Bond Registrar shall authenticate and deliver in the name of the registered owner or the transferee or transferees, as the case may be, a new fully registered Bond or Bonds of authorized denominations of the same maturity and interest rate for the aggregate principal amount which the registered owner is entitled to receive at the earliest practicable time in accordance with the provisions of this Ordinance. The Issuer or the Bond Registrar may charge the owner of such Bond for every such transfer or exchange an amount sufficient to reimburse them for their reasonable fees and for any tax, fee, or other governmental charge required to be paid with respect to such transfer, and may require that such charge be paid before any such new Bond shall be delivered. All Bonds presented for transfer, exchange, redemption or payment (if so required by the Bond Registrar), shall be accompanied by a written instrument or instruments of transfer or authorization for exchange, in form and with guaranty of signature satisfactory to the Bond Registrar, duly executed by the registered holder or by his duly authorized attorney in fact or legal representative. 11 Ordinance No. 6015-01 All Bonds delivered upon transfer or exchange shall bear interest from the preceding interest payment date so that neither gain nor loss in interest shall result from the transfer or exchange. New Bonds delivered upon any transfer or exchange shall be valid obligations of the Issuer, evidencing the same debt as the Bond surrendered, shall be secured by this Ordinance and sllall be entitled to all of the security and the benefits hereof to the same extent as the Bonds surrendered. The Issuer and the Bond Registrar may treat the registered owner of any Bond as the absolute owner thereof for all purposes, whether or not such Bonds shall be overdue, and shall not be bound by any notice to the contrary. Notwithstanding the foregoing provisions of this section, the Issuer reserves the right, on or prior to the delivery of the Bonds to amend or modify the foregoing provisions relating to the registration of the Bonds by resolution or ordinance in order to comply with all applicable laws, rules, and regulations of the United States and/or the State of Florida relating thereto. In addition, pursuant to a resolution adopted prior to the issuance of a Series of Bonds, the Issuer may establish a book-entry-only system of registration for such Series Bonds, the provisions of which shall be deemed to modify any inconsistent provisions of this Ordinance. SECTION 12. BONDS MUTILATED, DESTROYED, STOLEN OR LOST. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the Issuer may in its discretion issue and deliver a new Bond of like tenor as the Bond so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bond upon surrender and cancellation of such mutilated Bond or in lieu of and substitution for the Bond destroyed, stolen or lost, and upon the holder furnishing the Issuer proof of his ownership thereof and satisfactory lndenlnlty and complying with such other reasonable regulations and conditions as the Issuer may prescribe and paying such expenses as the Issuer may incur. All Bonds so surrendered shall be canceled by the Registrar for the Bonds. If any of the Bonds shall have matured or be about to mature, instead of issuing a substitute Bond, the Issuer may pay the same, upon being indemnified as aforesaid, and if such Bonds be lost, stolen or destroyed, without surrender thereof. Any such duplicate Bonds issued pursuant to this section shall constitute original, additional contractual obligations on the part of the Issuer whether or not the lost, stolen or destroyed Bonds be at any time found by anyone, and such duplicate Bonds shall be entitled to equal and proportionate benefits and rights as to lien on the source and security for payment from the fiends, as hereinafter pledged, to the same extent as all other Bonds issued hereunder. SECTION 13. PROVISIONS FOR REDEMPTION. Each Series of Bonds shall be redeemable as provided by subsequent resolution of the Issuer applicable to each such Series of Bonds. Bonds in denominations greater than an authorized denomination (or authorized Maturity Amount in the case of Capital Appreciation Bonds) shall be deemed to be an equivalent number of Bonds in the denomination of an authorized denomination or Maturity Amount. If a Bond is of a denomination or Maturity Amount larger than an authorized denomination or Maturity 12 Ordinance No. 691 i-o i Amount, a portion of such Bond may be redeemed, in the amount of an authorized denomination or Maturity Amount or integral multiples thereof. Notice of such redemption, identifying the Bonds or portions thereof called for redemption (i) shall be filed with the paying agents and any Registrar; and (ii) shall be mailed by the Registrar, first-class mail, postage prepaid. to all registered owners of the Bonds to be redeemed not more than silty (60) days and not less than thirty (30) days prior to the date fixed for redemption at their addresses as they appear on the registration books to be maintained in accordance with the provisions hereof. Failure to give such notice by mailing to any owner of Bonds, or any defect therein, shall not affect the validity of any proceeding for the redemption of other Bonds. Notice having been mailed and filed in the manner and under the conditions hereinabove provided, the Bonds or portions of Bonds so called for redemption shall. on the redemption date designated in such notice, become and be due and payable at the redemption price provided for redemption of such Bonds or portions of Bonds on such date. On the date so designated for redemption, notice having been mailed and filed and moneys for payment of the redemption price being held in separate accounts in trust for the holders of the Bonds or portions thereof to be redeemed, all as provided in this Ordinance, interest on the Bonds or portions of Bonds so called for redemption shall cease to accrue, such Bonds and portions of Bonds shall cease to be entitled to any lien, benefit or security under this Ordinance, and the holders or Registered Owners of such Bonds or portions of Bonds, shall have no rights in respect thereof, except the right to receive payment of the redemption price thereof. Upon surrender of any Bond for redemption in part only, the Issuer shall issue and deliver to the registered owner thereof, the costs of which shall be paid by the registered owner, a new Bond or Bonds of authorized denominations or Maturity Amounts in aggregate principal amount equal to the unredeemed portion surrendered. In addition to the foregoing notice, further notice may be given by the Issuer as set out below (provided such additional notice is not required as a condition to redeeming Bonds), but no defect in said further notice nor any failure to give all or any portion of such further notice shall in any manner defeat the effectiveness of a call for redemption if notice thereof is given as above prescribed. (1) Each further notice of redemption given hereunder shall contain the information required above for an official notice of redemption plus (i) the CUSIP numbers of all Bonds being redeemed; (ii) the date of issue of the Bonds as originally issued; (iii) the rate of interest borne by each Bond being redeemed; (iv) the maturity date of each Bond being redeemed; and (v) any other descriptive information needed to identify accurately the Bonds being redeemed. (2) Each further notice of redemption shall be sent at least 35 days before the redemption date by registered or certified mail or overnight delivery service to all registered securities depositories then in the business of holding substantial amounts of 13 Ordinance No. 6915.01 obligations of types similar to the type of which the Bonds consist (such depositories now being Depository Trust Company of New York, New York, Midwest Securities Trust Company of Chicago, Illinois. Pacific Securities Depository Trust Company of San Francisco, California, and Philadelphia Depository Trust Company of Philadelphia, Penn- sylvania) and to one or more national information services that disseminates notices of redemption of obligations such as the Bonds. (3) Each such further notice shall be published one time in the Bond Buyer of New York, New York or, if such publication is impractical or unlikely to reach a substantial number of the Holders of the Bonds, in some other financial newspaper or journal which regularly carries notice: of redemption of obligations similar to the Bonds, such publication to be made at least 30 days prior to the date fixed for redemption. SECTION 14. FORM OF BONDS. The text of the Bonds shall be in substantially the form attached hereto as Exhibit B, with such omissions, insertions and variations as may be necessary and desirable and authorized and permitted by this Ordinance or by any subsequent ordinance or resolution adopted prior to the issuance thereof, or as may be necessary if the Bonds or a potion thereof are issued as Capital Appreciation Bonds, Capital Appreciation Term Bonds, Variable Rate Bonds or as may be necessary to comply with applicable laws, rules and regulations of the United States and of the State in effect upon the issuance thereof. The text of any Series of Bonds, other than the Bonds shall be as determined by supplemental ordinance or resolution of the Issuer. SECTION 15. BONDS NOT DEIST OF ISSUER. The Bonds shall not be or constitute general indebtedness of the Issuer within the meaning of any constitutional or statutory provision or limitation, but shall be payable solely from and secured by a prior lien upon and pledge of the Pledged Revenues herein provided. No Bondholder shall ever have the right to compel the exercise of the ad valorem taxing power of the Issuer or taxation in any form of ally real property therein to pay the Bonds or the interest thereon or be entitled to payment of such principal and interest from any other funds of the Issuer except from the Pledged Revenues in the manner provided herein. SECTION 16. PLEDGED REVENUES. Until payment has been provided for as herein permitted, the payment of the principal of and interest on the Bonds shall be secured forthwith equally and ratably by an irrevocable lien on the Pledged Revenues prior and superior to all other liens or encumbrances on such Pledged Revenues and the Issuer does hereby irrevocably pledge such Pledged Revenues to the payment of the principal of and interest on the Bonds, the reserves therefor, anal for all other required payments. The Pledged Revenues shall immediately be subject to the lien of this pledge without any physical delivery thereof or further act, and the lien of this pledge shall be valid and binding as against all parties having claims of any kind in tort, contract or otherwise against the Issuer. All funds and accounts created pursuant hereto shall be held by the Finance Director (or such other officer of the Issuer as shall be approved by the City Commission) as trust funds for payment of the Bonds. 14 Ordinance No. 6915-01 SECTION 17. COVENANTS OF THE ISSUER. Until all principal of and interest on the Bonds shall have been paid or provided for as herein permitted, the Issuer covenants with the Bondholders as follows: A. REVENUE FUND. The entire Gross Revenues shall upon receipt thereof be deposited in the Revenue Fund created and established by the Original Ordinance. Such Revenue Fund shall constitute a trust fund for the purposes herein provided and shall be kept separate and distinct from all other funds of the Issuer and used only for the purposes and in the manner herein provided. B. CONSTRUCTION FUND. The Construction Fund to be held by the Issuer and to the credit of which deposits shall be made as required by Section 1.7 hereof is hereby created. Within such fiend there shall be maintained separate accounts for each Series of Bonds and furthermore be maintained separate accounts for capitalized interest funded from the proceeds of any Series of Bonds. C. DISBURSEMENTS FROM CONSTRUCTION FUND. Moneys on deposit from time to time in the Construction Fund shall be used to pay or reimburse the following Project Costs: (1) Costs incurred directly or indirectly for or in connection with a Project or a proposed or future Project including, but not limited to, those for preliminary planning and studies, architectural, legal, financial, engineering and supervisory services, labor, services, materials, equipment, acquisitions, land, rights-of-way, improvements and installation; (2) Premiums attributable to all insurance required to be taken out and maintained during the period of construction with respect to a Project to be acquired or constructed, the premium on each surety bond, if any, required with respect to work on such facilities, and taxes, assessments and other charges hereof that may become payable during the period of construction with respect to such a Project; (3) Costs incurred directly or indirectly in seeking to enforce any remedy against a contractor or subcontractor in respect of any default under a contract relating to a Project or costs incurred directly or indirectly in defending any claim by a contractor or subcontractor with respect to a Project; (4) Financial, legal, accounting, appraisals, title evidence and printing and engraving fees, charges and expenses, and all other such fees, charges and expenses incurred in connection with the authorization, sale, issuance and delivery of such Series of Bonds; (5) Interest funded from. Bond proceeds, if any, for a reasonable period of time, which shall be deposited in the Construction Fund and shall be used as provided in a supplemental resolution of the Issuer; 15 ordinance No. 6915-01 (6) Any other incidental and necessary costs including without limitation any expenses, fees and charges relating to the acquisition, construction or installation of a Project, and the making of extraordinary repairs, renewals and replacements, decommissioning or retirement of any portion of , including the cost of temporary employees of the Issuer retained to carry out duties in connection with the acquisition, construction or erection of a Project; (7) Costs incurred directly or indirectly in placing any Project in operation in order that completion of such Project may occur; (8) Any other costs authorized pursuant to a supplemental resolution of the Issuer and permitted under the laws of the State; and (9) Reimbursements to the Issuer for any of the above items theretofore paid by or on behalf of the Issuer. D. DISPOSITION OF REVENUES. All funds at any time remaining on deposit in the Revenue Fund shall be disposed of on or before the twentieth day of each month, commencing in the month immediately following the delivery of the 2001 Bonds; for so long as any Bonds remain Outstanding, only in the following manner and in the following order of priority: (1) Funds shall first be used for deposit into the Operation and Maintenance Fund, which was established by the Original Ordinance, of such sums as are necessary for the Cost of Operation and Maintenance, for the next ensuing month. (2) A sum as shall be determined by supplemental resolution of the Issuer shall be deposited into the Construction Fund and used for the purpose of paying Project Costs. (3) From the moneys remaining in the Revenue Fund, the Issuer shall next deposit into the Sinking Fund created by the Original Ordinance, such sums as will be sufficient to pay (a) one-sixth (1/6) of all interest becoming due on the Bonds on the next semi- annual interest payment date; (b) commencing in the first month which is twelve (12) months or six (6) months prior to the first annual or semi-annual maturity date, respec- tively, of any Serial Bonds, one-twelfth (1/12) or one-sixth (1/6), respectively, of the amount of Serial Bonds which will become due and payable on the next annual or semiannual principal maturity date, respectively, and (c) one-twelfth (1/12) of the Amortization Installment required to be made on the next annual payment date or one- sixth (1/6) of the Amortization Installment required to be made on the next semi-annual payment date into a "Bond Amortization Account", created and established in the Sinking Fund by the Original Ordinance. Such payments shall be credited to a separate special account for each series of Term Bonds outstanding, and if there shall be more than one stated maturity for Term Bonds of a series, then into a separate special account in the Sinking Fund for each such separate maturity of Term Bonds. The funds and investments in each such separate account shall be pledged solely to the payment of principal of the Term Bonds of the series or maturity within a series for which it is established and shall 16 Ordinance No. 6915-01 not be available for payment. purchase or redemption of Term Bonds of any other series or within a series, or for transfer to the Sinking Fund to make up any deficiencies in required payments therein. The Amortization Installments may be due either annually or semiannually, but in any event, the required payments as set forth above shall be made monthly commencing in the first month which is six (6) months or twelve (12) months, as the case may be, prior to the date on which the Amortization Installment is required to be made pursuant to (c) above. Upon the sale of any series of Term Bonds, the Issuer shall by resolution, establish the amounts and maturities of such Amortization Installments for each series, and if there shall be more than one maturity of Term Bonds within a series, the Amortization Installments for the Term Bonds of each maturity. In the event the moneys deposited for retirement of a maturity of Term Bonds are required to be invested, in the manner provided below, the Amortization Installments may be stated in terms of either the principal amount of the investments to be purchased on, or the cumulative amounts of the principal amount of investments required to have been purchased by, the payment date of such Amortization Installment. Moneys on deposit in each of the separate special accounts in the Bond Amortization Account shall be used for the open market purchase or the redemption of Term Bonds of the series or maturity of Term Bonds within a series for which such separate special account is established or may remain in said separate special account and be invested until the stated date of maturity of the Term Bonds. The resolution estab- lishing the Amortization Installments for any series or maturity of Term Bonds may limit the use of moneys to any one or more of the uses set forth in the preceding sentence and may specify the type or types of investments permitted hereunder to be purchased. (4) Moneys remaining in the Revenue Fund shall next be applied by the Issuer to maintain a Reserve Account, which Reserve Account was created and established by the Original Ordinance, in a sum equal to the Reserve Requirement, all or a portion of which sum may be initially provided from the proceeds of the sale of the Bonds and/or other moneys of the Issuer. The Issuer shall thereafter deposit into said Reserve Account an amount equal to one-twelfth (1/12) of twenty per cent (20%) of the difference between the amount, if any, so deposited upon the delivery of the Bonds and the amount of the Reserve Requirement on all outstanding Bonds. No further payments shall be required to be made into such Reserve Account when there has been deposited therein and as long as there shall remain on deposit therein a sum equal to the Maximum Bond Service Requirement on all outstanding Bonds becoming due in any ensuing Fiscal Year. Any withdrawals from the Reserve Account shall be subsequently restored from the first moneys available in the Revenue Fund after all required current payments into the Sinking Fund and into the Reserve Account, including all deficiencies for prior payments, have been made in full. 17 ordinance No. 6915-01 X_ MWIM Moneys in the Reserve Account shall be used only for the purpose of the payment of maturing principal (including Amortization Installments) of or interest on the Bonds when the moneys in the Sinking Fund are insufficient therefor, and for no other purpose. Upon the issuance by the Issuer of any Additional Bonds under the terms, limitations and conditions provided in this Ordinance and the Original Ordinance, the payments into the Reserve Account shall be increased so that the amount on deposit therein shall be equal to the Maximum Bond Service Requirement on all Bonds outstanding and to be outstanding. Whenever the amount on deposit it Requirement on all Bonds then outstanding, into the Sinking Fund. the Reserve Account exceeds the Reserve the excess may be withdrawn and deposited The Issuer shall not be required to make any further payments into the Sinking Fund or into the Reserve Account when the aggregate amount of moneys in the Sinking Fund and the Reserve Account are at least equal to the aggregate principal amount of Bonds then outstanding, plus the amount of interest then due or thereafter to become due on the Bonds then outstanding. Notwithstanding the foregoing provisions, in lieu of the required deposits of Revenues into the Reserve Account, the Issuer may cause to be deposited into the Reserve Account a surety bond or an insurance policy issued by a reputable and recognized insurer for the benefit of the Bondholders in an amount equal to the difference between the Maximum Bond Service Requirement and the sums then on deposit ill the Reserve Account, if any, which surety bond or insurance policy shall be payable (upon the giving of notice as required thereunder) on any interest payment date on which a deficiency exists which cannot be cured by funds in any other account held pursuant to this Ordinance and the Original Ordinance and available for such purpose. The insurer providing such surety bond or insurance policy shall be an insurer whose municipal bond insurance policies insuring the payment, when due, of the principal of and interest on municipal bond issues results in such issues being rated in the highest rating category by Standard & Poor's Corporation or Moody's Investors Service, Inc., or their successors. If a disbursement is made from a surety bond or an insurance policy provided pursuant to this paragraph, the Issuer shall be obligated to either reinstate the maximum limits of such surety bond or insurance policy immediately following such disbursement or to deposit into the Reserve Account, as herein provided in this paragraph for restoration of withdrawals from the Reserve Account, fields in the amount of the disbursement made tinder such policy, or a combination of such alternatives. (5) The Issuer shall next apply and deposit the moneys in the Revenue Fund into the Renewal and Replacement Fund created by the Original Ordinance. The Issuer shall deposit into such Renewal and Replacement Fund an amount equal to one-twelfth (1/l 2) of five per centum (5%) of the Gross Revenues of the System for the previous Fiscal Year, or such other amount as is certified as necessary for the purposes of the Renewal and Replacement Fund by the Consulting Engineer and as approved by the City Is Ordinance No. 6915-01 Commission. The moneys in said Renewal and Replacement Fund shall be used only for the purpose of paying the cost of extensions, enlargements or additions to or the replacement of capital assets of the System and emergency repairs thereto. Such moneys on deposit in such Fund shall also be used to supplement the Reserve Account if necessary in order to prevent a default in the payment of the principal of and interest on the Bonds. (6) To the extent junior lien bonds are issued and outstanding (which subordinated bonds the Issuer reserves the right to issue), the Issuer shall next apply moneys in the Revenue Fund to the payment of principal of, redemption premium, if any, and interest on such subordinated debt of the Issuer. (7) The balance of any moneys remaining in the Revenue Fund. after the above required payments have been made may either be deposited into either the Renewal and Replacement Fund or the Sinking Fund, or may be used for the purchase or redemption of Bonds, or may be used by the Issuer for any lawful purpose of the Issuer. E. INVESTMENT OF FUNDS. The Operation and Maintenance Fund, the Sinking Fund, the Reserve Account, the Renewal and Replacement Fund, the Revenue Fund, the Construction Fund, and any other special funds herein and in the Original Ordinance established and created shall constitute trust funds for the purposes provided herein for such funds. All such funds shall be continuously secured in the sarne manner as state and municipal deposits are required to be secured by the laws of the State of Florida. Moneys on deposit in any of such funds and accounts may be invested and reinvested in Authorized Investments. Investments made with moneys in the Construction Fund, the Revenue Fund, the Operation and Maintenance Fund, and the Sinking Fund (except the Bond Amortization Account therein), must mature not later than the date that such moneys will be needed. Investments made with moneys in the accounts in the Bond Amortization Account, in the Reserve Account and in the Renewal and Replacement Fund must mature, in the case of the accounts in the Bond Amortization Account not later than the stated date of maturity of each respective Amortization Installment of the Term Bonds to be retired from the sub-accounts in the Bond Amortization Account from which the investment is made, in the case of the Reserve Account not later than the final maturity of any Bonds then outstanding, and in the case of the Renewal and Replacement Fund, not later than such date as shall be determined by the Issuer. Any and all income received by the Issuer from all such investments shall be deposited into the Revenue Fund, except however, that investment income earned in the Bond Amortization Account may be retained therein or deposited into the Sinking Fund and used to pay maturing principal of and interest on the Bonds, at the option of the Issuer. The cash required to be accounted for in each of the foregoing fiends and accounts established herein may be deposited in a single bank account, and funds allocated to the various accounts established herein may be invested in a common investment pool, provided that adequate accounting records are maintained to reflect and control the restricted allocation of the cash on deposit therein and such investments for the various purposes of such funds and accounts as herein provided. 19 Ordinance No. 6915-01 The designation and establishment of the various fields in and by this Ordinance shall not be construed to require the establishment of any completely independent, self balancing fiends as such term is commonly defined and used in governmental accounting, but rather is intended solely to constitute an earmarking of certain revenues and assets of the System for certain purposes and to establish certain priorities for application of such revenues and assets as herein provided. F. OPERATION AND MAINTENANCE. The Issuer will maintain the System and all parts thereof in good condition and will operate the same in an efficient and economical manner, making such expenditures for equipment and for renewals, repairs and replacements as may be proper for the economical operation and maintenance thereof. G. RATE ORDINANCE. The Issuer has enacted or will enact a rate ordinance and thereby will fix, establish and maintain such rates and will collect such fees, rentals and other charges for the services and facilities of the System and revise the same from time to tune whenever necessary, as will always provide Gross Revenues in each Fiscal Year sufficient to pay the Cost of Operation and Maintenance of the System in such Fiscal Year, one hundred fifteen per centum (115%) of the Bond Service Requirement becoming due in such Fiscal Year on the outstanding Parity Bonds, on the outstanding Bonds and on all outstanding Additional Bonds, plus one hundred per centum (100%) of all reserve and other payments required to be made pursuant to this Ordinance and the Original Ordinance. Such rates, fees, rentals and other charges shall not be reduced so as to be insufficient to provide Gross Revenues for such purposes. H. BOOKS AND RECORDS. The Issuer shall keep books and records of the System, which books and records shall be kept separate and apart from all other books, records and accounts of the Issuer, and Bondholders shall have the right at all reasonable times to inspect all records, accounts and data of the Issuer relating thereto. 1. ANNUAL AUDIT. The Issuer shall also, at least once a year, cause the books, records and accounts relating to the System to be properly audited by a recognized independent firm of certified public accountants and shall make generally available the report of such audits to any Bondholder. J. NO MORTGAGE OR SALE OF THE SYSTEM. The Issuer irrevocably covenants, binds and obligates itself not to sell, lease, encumber or in any manner dispose of the System as a whole until all of the Bonds shall have been paid in full as to both principal and interest, or payment shall have been duly provided for under this Ordinance. The foregoing provision notwithstanding, the Issuer may sell or dispose of, for fair market value, any properties or parts of the System which the Consulting Engineer shall certify in writing are not necessary for the continued operation of the System and that the sale or disposal of which will not adversely affect the Gross Revenues to be derived from the System to 20 Ordinance No. 6915-01 such an extent that the Issuer will fail to comply with the covenants contained herein, including Section 17(G) of this Ordinance and the Original Ordinance. The proceeds derived from any sale or disposal of any properties or parts of the System as provided for in the above paragraph shall, in the discretion of the Issuer, be (I) deposited in the Renewal and Replacement Fund and used exclusively for the purpose of paying the cost of extensions, enlargements or additions to, or the replacement of capital assets of the System and for unusual or extraordinary repairs thereto, or for the construction or acquisition of additions, extensions and improvements to the System, or (2) for the purchase or retirement of the Bonds then outstanding. However, if the Consulting Engineer certifies that proceeds are necessary for the purposes stated in part (1) above, such proceeds shall remain in the Renewal and Replacement Fund until such certified requirements are satisfied, and the proceeds shall not be used for any other purpose allowed by this Ordinance or the Original Ordinance. IC. INSURANCE. The Issuer will make adequate provision to maintain fire and windstorm insurance oil all buildings and structures and properties of the System which are subject to loss through fire or windstorm, public liability insurance, and other insurance of such types and in such amounts as are normally carried in the operation of similar public and private utility systems within the State of Florida. Any such insurance shall be placed with nationally recognized and reputable insurors or under State approved and authorized self insurance programs or any combination of both and shall be carried for the benefit of the Bondholders. All monies received for losses under any such insurance, except public liability, are hereby pledged by the Issuer as security for the Bonds, until and unless such proceeds are used to remedy the loss or damage for which such proceeds are received, either by repairing the property damaged or replacing the property destroyed within ninety (90) days from the receipt of such proceeds. L. NO FREE SERVICE. The Issuer will not render or cause to be rendered any free services of any nature by its System, nor will any preferential rates be established for users of the same class. This covenant shall not prevent individual contracts with other governmental entities for the wholesale delivery of services of the System. The Issuer, including its departments, agencies and instrumentalities, shall avail itself of the facilities or services provided by the System or any part thereof, and the same rates, fees or charges applicable to other customers receiving like services under similar circumstances shall be charged to the Issuer and any such department, agency or instrumentality. Such charges shall be paid as they accrue, and the Issuer shall transfer from its general funds sufficient sums to pay such charges. The revenues so received shall be deemed to be Bross Revenues derived froin the operation of the System and shall be deposited and accounted for in the same manner as other Gross Revenues derived from such operation of the System. M. MANDATORY CONNECTION. To the full extent permitted by law the Issuer will adopt and keep in force and effect an ordinance requiring that all improved premises with respect to which water or sewer services from the System are available shall connect such premises to the System and shall obtain available water and sewer services only from the System. 21 Ordinance No. 6915-01 N. ENFORCEMENT OF COLLECTIONS. The Issuer will diligently enforce and collect all f ccs, rentals or other charges for the services and facilities of the System and take all steps, actions and proceedings for the enforcement and collection of such fees, rentals or other charges which shall become delinquent to the frill extent permitted or authorized by the Act and by the laws of the State of Florida. 'rhe Issuer will, under reasonable rules and regulations, shut off and discontinue the supplying of the water service and the sewer service of the System for the nonpayment of fees, rentals or other charges for said water service or said sewer service, or either of them, and will not restore said water service or sewer service, or either of them, until all delinquent charges for both water service and sewer service, together with interest and reasonable penalties, have been paid in full. 0. REMEDIES. Any Bondholder, or any trustee acting for the Bondholders may, either at law or in equity, by suit, action, mandamus or other proceedings in any court of cornpetent jurisdiction, protect and enforce any and all rights, including the right to the appointment of a receiver, existing tinder the laws of the State of Florida, or granted and contained herein, and may enforce and compel the performance of all duties herein required or by any applicable statutes to be performed by the Issuer or by any officer thereof. Nothing herein, however, shall be construed to grant to any Bondholders any lien on any real property of the Issuer. P. CONSULTING ENGINEERS. The Issuer will retain an independent consulting engineer or engineering firm having a favorable reputation for skill and experience for the design, construction and operation of systems of comparable size and character as the System, for the purpose of providing the Issuer competent engineering counsel in connection with the making of the capital improvements. The Issuer may, however, employ additional engineers at any time with relation to specific engineering and operation problems arising in connection with the System. Q. CITY MANAGER REPORTS. On an annual basis, within 45 days of the receipt of the annual audit of the System provided for above, the Issuer shall cause to be prepared by the City Manager a report or survey of the System with respect to the management of the properties thereof, the sufficiency of the rates and charges for services, the proper maintenance of the properties of the System and the necessity for capital improvements and recommendations therefor. Such a report or survey shall also show any failure of the Issuer to perform or comply with the covenants herein contained, including those contained in subsection I above. In the event that such annual report reflects that the rates and charges for services are insufficient to protect the rights of the Bondholders, then the Issuer shall take such steps as are required by law to raise the rates and charges for services. In the event that the annual report indicated that the rates and charges for services should be increased substantially pro rata as to all classes of service, then, to the frill extent permitted by law, the Issuer shall raise the rates and charges for services without the necessity for notice or public hearing. 22 Ordinance No. 6915-01 R. NO CON1I3ETING SYSTEIM. To the frill extent permitted by law the Issuer will not grant or cause, consent to, or allow the granting of any franchise or permit to any person, firm, corporation or body or agency or instrumentality whatsoever for the furnishing of water or sanitary sewerage services to or within the service area of the System, if determined by the Consulting Engineers to be materially competitive with the System and adversely affecting the Gross Revenues derived from the operation thereof. S. ISSUANCE OF OTHER OBLIGATIONS. The Issuer shall issue no bonds or obligations of any kind or nature payable trorn or enjoying a lien on the Pledged Revenues if such obligations have priority over the Bonds with respect to payment or lien, nor shall the Issuer create or cause or permit to be created any debt, lien, pledge, assignment, encumbrance or other charge on a parity with the lien of the Bonds upon said Pledged Revenues. Notwithstanding any other provision in this Section, the Issuer may issue Additional Bonds tinder the conditions and in the manner provided herein. Any obligations of the Issuer, other than the Bonds, which are payable from the Pledged Revenues shall contain an express statement that such obligations are junior and subordinate in all respects to the Bonds as to lien on and source and security for payment from such Pledged Revenues. T. ISSUANCE OF ADDITIONAL BONDS. Additional Bonds, payable on a parity from the Pledged Revenues with the Parity Bonds and the Bonds, shall be issued only for the purposes of refunding a part of the outstanding Bonds or financing the cost of extensions, additions and improvements to the System and for the acquisition and construction of, and extensions, additions and improvements to, sewer and/or water systems which are to be consolidated with the System and operated as a single combined utility. Additional Bonds, other than for refunding purposes, shall be issued only upon compliance with all of the following conditions: (1) There shall have been obtained and filed with the Clerk a certificate of the Finance Director stating: (a) that the books and records of the Issuer relative to the System have been audited by qualified and recognized firm of independent certified public accountants; (b) based on such audited financial statement, that the amount of the adjusted Net Revenues derived for the Fiscal Year preceding the date of issuance of the proposed Additional Bonds or for any twelve (12) consecutive months during the eighteen (18) months immediately preceding the date of issuance of the Additional Bonds with respect to which such certificate is made, adjusted as herein below provided; and (c) based on such audited financial statement, that the aggregate amount of such Net Revenues, as adjusted, for the period for which such Net Revenues are being certified is equal to not less than 120% of the Maximum Bond Service Requirement becoming due in any Fiscal Year thereafter on (i) all Parity Bonds and the Bonds issued under this Ordinance, if any, then Outstanding, and (ii) on the Additional Bonds with respect to which such certificate is made. (2) Upon recommendation of the Consulting Engineers, the Net Revenues certified pursuant to (b) in the previous paragraph may be adjusted for purposes of this Subsection by including: (a) 100% of the additional Net Revenues which in the opinion of the 23 Ordinance No. 6915-01 a Consulting Engineer would have been derived by the Issuer from rate increases adopted before the Additional Bonds are issued, if such rate increases had been implemented before the commencement of the period for which such Net Revenues are being certified, and (b) 100% of the additional Net Revenues estimated by the Consulting Engineer to be derived during the first full twelve month period after the facilities of the System are extended, enlarged, improved or added to with the proceeds of the Additional Bonds with respect to which such certificate is made. The adjustments described in Section 17(T)(2)(b) may only be made if the Net Revenues as adjusted under Section 17(T)(2)(a) for the period for which such Net Revenues are being certified equals at least 1.00 times the Nlaximum Bond Service Requirement becoming due in any Fiscal Year thereafter on (i) all Bonds then outstanding; and (ii) on the Additional Bonds with respect to which such certificate is made. (3) Additional Bonds shall be deemed to have been issued pursuant to this Ordinance the same as the Outstanding Bonds, and all of the other covenants and other provisions of this Ordinance and the Original Ordinance (except as to details of such Additional Bonds inconsistent therewith) shall be for the equal benefit, protection and security of the Holder of all Bonds issued pursuant to this Ordinance and the Original Ordinance. Except as provided in Section 17(T) hereof, all Bonds, regardless of the time or times of their issuance, shall rank equally with respect to their lien on the Pledged Revenues and their sources and security for payment therefrom without preference of any Bonds over any other. (4) In the event that the total amount of Bonds herein authorized to be issued are not issued simultaneously, such Bonds which are subsequently issued shall be subject to the conditions of Section 17(T) hereof. (S) The Issuer need not comply with the provisions of paragraph I of this Section 17(T) if and to the extent the Additional Bonds to be issued are refunding bonds, and if the Issuer shall cause to be delivered a certificate of the Finance Director setting forth the annual debt service (i) for the Bonds then Outstanding and (ii) for all Series of Bonds to be immediately Outstanding thereafter and stating that the Bond Service Requirement in any year pursuant to (ii) above is not greater than the Bond Service Requirement in the corresponding year set forth pursuant to (i) above. (b) The Issuer shall not be in default in the carrying out of any of the obligations assumed under this Ordinance and no event of default shall have occurred under this Ordinance and shall be continuing, and all payments required by this Ordinance to be made into the funds and accounts established hereunder shall have been made to the full extent required. (7) The resolution authorizing the issuance of a Series of Additional Bonds shall recite that all of the covenants contained herein will be applicable to such Additional Bonds. U. MAINTENANCE OF SYSTEM. The Issuer will maintain the System in good condition and continuously operate the same in an efficient manner and at a reasonable cost. 24 Ordinance No. 6915-01 V- 11 SECTION 18. TAX COMPLIANCE. A. In General. The Issuer at all times while the Bonds and the interest thereon are outstanding will comply with all applicable provisions of the Internal Revenue Code of 1986, as amended (the "Code") and any valid and applicable rules and regulations promulgated thereunder (the "Regulations") in order to ensure that the interest on the Bonds will be excluded from gross income for federal income tax purposes. B. Rebate. (1) The Issuer shall either make or cause an independent firm of certified public accountants or tax compliance firm to make and promptly provide to the Issuer the rebate calculations required by the Code and Regulations, on which the Issuer may conclusively rely in taking action under this Section. The Issuer shall make deposits to and disbursements from separate accounts to the extent required by the Code and Regulations and shall otherwise maintain full and complete accounting records of receipts and disbursements of, and investment purchases and sales allocated to, the "gross proceeds" subject to the rebate requirements of the Code and Regulations. Tile requirements of this Subsection 18B may be superseded or amended by new calculations accompanied by an opinion of bond counsel addressed to the Issuer to the effect that the use of the new calculations are in compliance with the Code and Regulations and will not cause the interest on the Bonds to become included in gross income for Federal income tax purposes. (2) The Issuer shall either make or cause an independent firm of certified public accountants or tax compliance firm to annually make and promptly forward to the Issuer after the end of the Bond Year and within the time required by the Code and the Regulations the computation of the rebate deposit required by the Code, on which the Issuer may conclusively rely in taking action under this Subsection B. Records of the determinations required by this Subsection B and the Code and Regulations shall be retained by the Issuer until six (6) years after the Bonds are no longer outstanding. (3) Within the time required by the Code and Regulations following the end of the fifth Bond Year, as defined in the Code, and every five (5) years thereafter, the Issuer shall pay to the United States of America ninety percent (9007'o) of the rebate amounts calculated as of such payment date, as shown by the computations of the Issuer or the certified public accountants or tax compliance firm, and one hundred percent (100%) of the earnings on such rebate amounts as of such payment date. Not later than sixty (60) days after the final retirement of each applicable series of Bonds, the Issuer shall pay to the United States of America one hundred percent (100%) of the balance remaining of the rebate amount and the earnings thereon. Each payment required to be paid to the United States of America pursuant to this Subsection B shall be filed with the Internal Revenue Service Center, Ogden, Utah 84201. Each payment shall be accompanied by a copy of the Form 8038 originally filed with respect to each applicable series of Bonds and a state- ment summarizing the determination of the amount to be paid to the United States of America. 25 ordinance No. 6015-01 ,SECTION 19. DEFAULTS; EVENTS OF DEFAULT AND REMEDIES. Except as provided below, if any of the following events occur it is hereby defined as and declared to be and to constitute an "Event of'Default": (A) Default in the due and punctual payment of any interest on the Bonds; (B) Default in the due and punctual payment of the principal of and premium, if any, or Accreted Value on any Bond, at the stated maturity thereof, or upon proceedings for redemption thereof; (C) Default in the performance or observanc% of any other of the covenants, agreements or conditions on the part of the Issuer contained in this Ordinance or in the Bonds and the continuance thereof for a period of thirty (30) days after written notice to the Issuer given by the Holders of not less than twenty-five percent (25%) of aggregate principal amount of Bonds then Outstanding (provided, however, that with respect to any obligation, covenant, agreement or condition which requires performance by a date certain, if the Issuer performs such obligation, covenant, agreement or condition within thirty (30) days of written notice as provided above, the default shall be deemed to be cured); (D) Failure by the Issuer promptly to remove any execution, garnishment or attachment of such consequence as will materially impair its ability to carry out its obligations hereunder; (E) Any act of bankruptcy or the rearrangement, adjustment or readjustment of the obligations of the Issuer under the provisions of any bankruptcy or moratorium laws or similar laws relating to or affecting creditors' rights. The term "default" shall mean default by the Issuer in the performance or observance of any of the covenants, agreements or conditions on its part contained in this Ordinance, any supplemental resolution or in the Bonds, exclusive of any period of grace required to constitute a default or an "Event of Default" as hereinabove provided. For purposes of Section 19(A) and (B) hereof, no effect shall be given to any payments made under any Bond Insurance Policy. Any Holder of Bonds issued under the provisions hereof or any trustee acting for the Holders of such Bonds, may either at law or in equity, by suit, action, mandamus or other proceedings in any court of competent jurisdiction, protect and enforce any and all rights, including the right to the appointment of a receiver, existing under State or federal law, or granted and contained herein, and may enforce and compel the performance of all duties required herein or by any applicable law to be performed by the Issuer or by any officer thereof. Nothing herein, however, shall be construed to grant to any Holder of the Bonds any lien on any property of the Issuer, except the Pledged Revenues. 26 Ordinance No. 6915-01 The foregoing notwithstanding: (i) No remedy conferred upon or reserved to the Bondholders is intended to be exclusive of any other remedy, but each remedy shall be cumulative and shall be in addition to any other remedy given to the Bondholders hereunder. (ii) No delay or omission to exercise any right or power accruing upon any default or Event of. Default shall impair any such right or power or shall be construed to be a waiver of any such default or acquiescence therein, and every such right and power may be exercised as often as may be deemed expedient. (iii) No waiver of any default or Event of Default hereunder by the Bondholders shall extend to or shall affect any subsequent default or Event of Default or shall impair any rights or remedies consequent thereon. (iv) Acceleration of the payment of principal of and interest on the Bonds shall not be a remedy hereunder in the case of an Event of Default. Upon the occurrence of an Event of Default, and upon the filing of a suit or other commencement of judicial proceedings to enforce the rights of the Bondholders under this Ordinance, the Bondholders shall be entitled, as a matter of right, to the appointment of a receiver or receivers of the Project and the funds pending such proceedings, with such powers as the court snaking such appointment shall confer. Notwithstanding any provision of this Ordinance to the contrary, for all purposes of this Section 21, except the giving of notice of any Event of Default to the Holder of the Bonds, the Bond Insurer shall be deemed to be the Holder of the Bonds it has insured. On the occurrence of an Event of De .fault, to the extent such rights inay then lawfully be waived, neither the Issuer nor anyone claiming through or under it, shall set up, claim or seek to take advantage of any stay, extension or redemption laws now or hereafter in force, in order to prevent or hinder the enforcement of this Ordinance, and the Issuer, for itself and all who may claim through or under it, hereby waives, to the extent it may lawfully do so, the benefit of all such laws and all right of redemption to which it may be entitled. Within 30 days of knowledge thereof, both the Issuer and the Paying Agent shall provide notice to the Bond Insurer of the occurrence of any Event of Default. The Bond Insurer shall be included as a party in interest and as a party entitled to (i) notify the Issuer or any Paying Agent of the occurrence of an Event of Default and (ii) request the Issuer or any Paying Agent to intervene in judicial proceedings that affect the Bonds or the security therefor. The.Issuer and any Paying Agent are required to accept notice of default from the Bond Insurer. 27 Ordinance No. 6915-01 Anything in this Ordinance to the contrary notwithstanding, upon the occurrence and continuance of an Event of Default, the Bond Insurer, if any for a Series of Bonds shall be entitled to control and direct the enforcement of all rights and remedies granted to the Bondholders under this Ordinance for such Series of Bonds and the Bond Insurer shall also be entitled to approve all waivers of events of default. SECTION 20. AMENDING AND SUPPLEMENTING OF ORDINANCE WITHOUT CONSENT OF HOLDERS OF BONDS. The Issuer, from time to time and at any time and without the consent or concurrence of any Holder of any Bonds, may enact an ordinance amendatory hereof or supplemental hereto, if the provisions of such supplemental ordinance shall not adversely affect the rights of the Holders of the Bonds then Outstanding, for any one or more of the following purposes: (A) To make any changes or corrections in this Ordinance as to which the Issuer shall have been advised by counsel that are required for the purpose of curing or correcting any ambiguity or defective or inconsistent provisions or omission or mistake or manifest error contained in this Ordinance, or to insert in this Ordinance such provisions clarifying matters or questions arising tinder this Ordinance as are necessary or desirable; (B) To add additional covenants and agreements of the Issuer for the purpose of further securing the payments of the Bonds; ('C) To surrender any right, power or privilege reserved to or conferred upon the Issuer by the terms of this Ordinance; (D) To confirm as further assurance any lien, pledge or charge or the subjection to any lien, pledge or charge, created or to be created by the provisions of this Ordinance; (E) To grant to or confer upon the Holders any additional right, remedies, powers, authority or security that lawfully may be granted to or conferred upon them; (F) To assure compliance with federal "arbitrage" provisions in effect from time to time; (G) To provide such changes as may be necessary in order to adjust the terms hereof so as to facilitate the issuance of Variable Rate Bonds or Option Bonds; and (H) To modify any of the provisions of this Ordinance in any other aspects provided that such modifications shall not be effective until after the Bonds Outstanding at the time such supplemental ordinance is adopted shall cease to be Outstanding, or until the holders thereof consent thereto pursuant to Section 21 hereof, and any Bonds issued subsequent to any such modification shall contain a specific reference to the modifications contained in such supplemental ordinance. Except for supplemental resolutions providing for the issuance of a Series of Bonds pursuant hereto, the Issuer shall not enact any supplemental ordinance authorized by the 28 Ordinance No. 6915-01 foregoing provisions of this Section unless in the opinion of Band Counsel the enactment of such supplemental ordinance is permitted by the foregoing provisions of this section. SECTION 21. AMENDMENT OF ORDINANCE WITH CONSENT OF HOLDERS OF BONDS. Except as provided in Section 20 hereof, no material modification or amendment of this Ordinance or of any resolution supplemental hereto shall be made without the consent in writing of the Holders of fifty-one percent or more in the principal amount of the Bonds of each Series so affected and then Outstanding. For purposes of this Section, to the extent any Bonds are insured by a policy of municipal bond insurance or are secured by a letter of credit and such Bonds are then rated in as high a rating Category as the rating category in which such Bonds were rated at the time of initial issuance and delivery thereof by either Standard & Poor's Corporation or Moody's Investors Service, or successors and assigns, then the consent of the issuer of such municipal bond insurance policy or the issuer of such letter of credit shall be deemed to constitute the consent of the Holder of such Bonds. No modification or amendment shall permit a change in the maturity of such Bonds or a reduction in the rate of interest thereon or in the amount of the principal obligation thereof or affecting the promise of the Issuer to pay the principal of and interest on the Bonds as the same shall become due from the Pledged Revenues or reduce the percentage of the Holders of the Bonds required to consent to any material modification or amendment hereof without the consent of the Holder or Holders of all such obligations. For purposes of the immediately preceding sentence, the issuer of a municipal bond insurance policy or a letter of credit shall not consent on behalf of the Holders of the Bonds. No amendment or supplement pursuant to this Section 21 (but not including Section 20 hereof) shall be made without the consent of the Bond Insurer, if any. SECTION 22. DEFEASANCE. The covenants and obligations of the Issuer shall be defeased and discharged under terms of this Ordinance as follows; (A) If the Issuer shall pay or cause to be paid, or there shall otherwise be paid, to the Holders of all Bonds the principal, redemption premium, if any, and interest due or to become due thereon, at the tinges and in the manner stipulated herein, then the pledge of the Pledged Revenues and all covenants, agreements and other obligations of the Issuer to the Bondholders, shall thereupon cease, terminate and become void and be discharged and satisfied. If the Issuer shall pay or cause to be paid, or there shall otherwise be paid, to the Holders of any Outstanding Bonds the principal or redemption premium, if any, and interest due or to become due thereon, at the times and in the manner stipulated herein, such Bonds shall cease to be entitled to any lien, benefit or security under this Ordinance, and all covenants, agreements ann obligations of the Issuer to the Holders of such Bonds shall thereupon cease, terminate and become void and be discharged and satisfied. (B) The Bonds, redemption prerniuin if any, and interest due or to become due for the payment or redemption of which moneys shall have been set aside and shall be held in trust (through deposit by the Issuer of funds for such payment or redemption or otherwise) at the maturity or redemption date thereof shall be deemed to have been paid within the meaning and with the effect expressed in paragraph (A) of this Section 22. Subject to the provisions of paragraph (C) and (O) of this Section 22. any Outstanding Bonds shall prior to the maturity or 29 Ordinance No. 6915-01 aka redemption date thereof be deemed to have been paid within the meaning and with the effect expressed in paragraph (A) of this Section if (i) in case any of said Bonds are to be redeemed on any date prior. to their maturity, the Issuer shall have given to the escrow agent instructions accepted in writing by the escrow agent to notify Holders of Outstanding Bonds in the manner required herein of the redemption of such Bonds on said date and (ii) there shall have been deposited with the escrow agent either moneys in an amount which shall be sufficient, or Federal Securities (including any Federal Securities issued or held in book-entry form on the books of the Department of the Treasury of the United States) the principal of and the interest on which when due will provide moneys which, together with the moneys, if any, deposited with the escrow agent at the same time, shall be sufficient, to pay when due the principal of or premium, if any, and interest due and to become clue on said Bonds on or prior to the redemption date or maturity date thereof, as the case may be. (C) For purposes of determining whether Variable Rate Bonds shall be deemed to have been paid prior to the maturity or redemption date thereof, as the case may be, by the deposit of moneys, or Acquired Obligations and moneys, if any, in accordance with paragraph B of this Section 22, the interest to come due on such Variable Rate Bonds on or prior to the maturity date or redemption date thereof, as the case may be, shall be calculated at the maximum rate permitted by the terms thereof, provided, however, that if on any date, as a result of such Variable Rate Bonds having borne interest at less than such maximum rate for any period, the total amount of moneys and Acquired Obligations on deposit with the escrow agent for the payment of interest on such Variable Rate Bonds is in excess of the total amount which would have been required to be deposited with the escrow agent on such date in respect of such Variable Rate Bonds in order to satisfy the second sentence of paragraph (B) of this Section 22, the escrow agent shall, if requested by the Issuer, pay the amount of such excess to the Issuer free and clear of any trust, lien, pledge or assignment securing the Bonds or otherwise existing under this Ordinance. (D) Option Bonds shall be deemed to have been paid in accordance with the second sentence of paragraph (B) of this Section 22 only if, in addition to satisfying the requirements of clauses (i) and (ii) of such sentence, there shall have been deposited with the escrow agent moneys in an amount which shall be sufficient to pay when due the maximum amount of principal of and redemption premium, if any, and interest on such Bonds which could become payable to the Holders of such Bonds upon the exercise of any options provided to the Holders of such Bonds; provided, however, that if, at the time a deposit is made with the escrow agent pursuant to paragraph (B) of this Section, the options originally exercisable by the Holder of an Option Bond are no longer exercisable, such Bond shall not be considered an Option Bond for purposes of this paragraph (D). If any portion of the moneys deposited with the escrow agent for the payment of the principal of and redemption premium, if any, and interest on Option Bonds is not required for such purpose, the escrow agent shall, if requested by the Issuer, pay the amount of such excess to the Issuer free and clear of any trust, lien, security interest, pledge or assignment securing said Bonds or otherwise existing under the Resolution. SECTION 23. SALE OF THE BONDS. The Bonds shall be issued and sold at public or negotiated sale at one time or in installments from time to time and at such price or prices as 30 Ordinance No. 691-01 q?b shall be consistent with the provisions of the requirements of this Ordinance and other applicable provisions of law as set forth in a supplemental resolution of the Issuer adopted before the issuance of any Series of Bonds. SECTION 24. CAPITAL APPRECIATION BONDS. For the purposes of (i) receiving payment of the redemption price if a Capital Appreciation Bond is redeemed prior to maturity, (ii) receiving payment of a Capital Appreciation Bond if the principal of all Bonds is declared immediately due and payable under the provisions of the Ordinance, (iii) computing the amount of the Maximum Bond Service Requirement, and (iv) computing the percentage of Bonds held by the registered owner of a Capital Appreciation Bond in giving to the Issuer or the Trustee any notice, consent, request or demand pursuant to the Ordinance for any purpose whatsoever, the principal amount of a Capital Appreciation Bond shall be deemed to be its Accreted Value. SECTION 25. AMENDING PRIOR ORDINANCES. In accordance with Section 21 of Ordinance No. 3674-84, which permits amendments and modifications of such Ordinance which are not material modifications or amendments thereof, but with the consent of the respective Bond Insurer for the Parity Bonds, Section 16R of Ordinance No. 3674-84, Ordinance No. 5355-93 and Ordinance No. 6311-98 is hereby amended by deleting in its entirety paragraph (1) thereof and replacing such paragraph with the following new paragraph (1): (1) There shall have been obtained and filed with the Clerk a certificate of the Finance Director stating: (a) that the books and records of the Issuer relative to the System have been audited by qualified and recognized firm of independent certified public accountants; (b) based on such audited financial statement, that the amount of the adjusted Net Revenues derived for the Fiscal Year preceding the date of issuance of the proposed Additional Bonds or for any twelve (12) consecutive months during the eighteen (18) months immediately preceding the date of issuance of the Additional Bonds with respect to which such certificate is made, adjusted as herein below provided; and (c) based on such audited financial statement, that the aggregate amount of such Net Revenues, as adjusted, for the period for which such Net Revenues are being certified is equal to not less than 120`i'o of the Maximum Bond Service Requirement becoming due in any Fiscal Year thereafter on (i) all Parity Bonds and the Bonds issued under this Ordinance, if any, then Outstanding, and (ii) on the Additional Bonds with respect to which such certificate is made. SECTION 26. SF-VEIZABILITV OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of any of the other provisions hereof or of the Bonds issued hereunder. 31 Ordinance No. 6915-01 SECTION 27. REPEALING CLAUSE. All ordinances or resolutions or parts thereof of the Issuer in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. SECTION 28. EFFECTIVE DATE. This Ordinance shall take effect immediately upon its passage. SECTION 29. PUBLIC NOTICE. Notice of the proposed enactment of this Ordinance has been properly advertised in a newspaper of general circulation in accordance with Chapter 166.041, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND READING AND FINAL READING AND ADOPTED AS AMENDED. Approved as to form: Pamela K. Akin City Attorney , 2001 )2001 Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 32 Ordinance No. 6915-01 Clearwater City Commission Worksession Item #: Final Agenda Item # Agenda Cover Meeting Date: 11/1/c1 Memorandum SUBJECT/RECOMMENDATION: Pass Ordinance No. 6855-01 on first reading increasing the residential and commercial Stormwater Utility rate to $6.13 per Equivalent Residential Unit (ERU) beginning 01/1/2002, to $7.16 per ERU beginning 10/01/2002, to $8.01 per ERU beginning 10/01/2003, to $8.65 per ERU beginning 10/01/04 and to $9.35 per ERU beginning 10/01/05, © and that the appropriate officials be authorized to execute same. SUMMARY: The Stormwater Utility was established effective 1991. On August 6, 1998 Ordinance 6309-98 was passed increasing Stormwater Utility rates to $4.00 per ERU beginning 10/1/98 and establishing a series of four subsequent 4.3 per cent increases to be effective 10/1/1999 ($4.17), 10/1/2000 ($4.35), 10/1/2001 ($4.54) and 10/1/2002 ($4.73). • The revenue sufficiency and financial forecast analysis in 1998 captioned that funding a $30 Million capital improvements program every 5 years after FY 2003 would require a perpetual annual rate increase of from 11 % to 11.5%. Burton and Associates has completed a five year revenue sufficiency update and financial forecast analysis which recommends early consideration of a rate. increase due to higher than anticipated infrastructure, operating and maintenance costs, and additional capital improvement costs beyond what had originally been projected and approved. s The increases are necessary to provide funding for $72.4 Million of capital improvement projects to abate severe street and in structure flooding, improve water quality, add, restore or upgrade stormwater infrastructure and comply with mandated changes in operating, maintenance and reporting requirements. In addition to funding for continuing approved projects staff recommends the following new projects for Commission funding approval: Kapok Flood Resolution Myrtle Avenue Improvements Stevenson Creek implementation Phase I N. Greenwood Corridor Storm FDEP Compliance Sharkey Road Drainage Improvements Alligator Creek Drainage Improvements Aliens Creek Neighborhood Flooding N. Beach. Drainage Storm System Expansion O Individual projects will be presented to the Commission for development approval. Reviewed by: Originating Dept.: L Costs Y Legal Info Srvc N/A Public Works Mush), Total Budget Public Works User Dept.: Funding Source: Purchasing ?- N//A-- DCNUACM Current FY CI Risk Mgmt N/A Other- Finance_ Attachments OP Ordinance 6855-01 Other Submitted by: &h k" D None City Manager Appropriation Code: Printed on recycled uaner ORDINANCE NO. 6855-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE SCHEDULE FOR STORMWATER UTILITY RATES; AMENDING APPENDIX A, ARTICLE XXV PUBLIC WORKS--FEES, RATES AND CHARGES; SECTION (3)(e) STORMWATER MANAGEMENT UTILITY RATES, CLEARWATER CODE OF ORDINANCES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater's Stormwater Utility was established effective 1991 and on August 6, 1998 Ordinance 6309-98 was passed increasing Stormwater Utility rates to $4.00 per ERU beginning 10/1/98 and establishing a series of four subsequent 4.3 per cent increases to be effective 10/1/1999 ($4.17), 10/1/2000 ($4.35), 10/1/2001 ($4.54) and 10/1/2002 ($4.73); and WHEREAS, the revenue sufficiency and financial forecast analysis in 1998 captioned that funding a $30 Million capital improvements program every 5 years after FY 2003 would require a perpetual annual rate increase of from 11% to 11.5%, and Burton and Associates has completed a five year revenue sufficiency update and financial forecast analysis which recommends early consideration of a rate increase due to higher than anticipated infrastructure, operating and maintenance costs, and additional capital improvement costs beyond what had originally been projected and approved; and WHEREAS, the increases are necessary to provide funding for $72.4 million of capital improvement projects to abate severe street and in structure flooding, improve water quality, add, restore or upgrade stormwater infrastructure and comply with mandated changes in operating, maintenance and reporting requirements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix A, Article XXV, PUBLIC WORKS--FEES, RATES AND CHARGES, Section (3)(e) Stormwater Management Utility Rates, Clearwater Code of Ordinances, is amended as follows: (3) Rates: (e) Stormwater management utility rates. The stormwater management utility rates shall be based upon the revenue requirements for the construction, administration, management, engineering, operation and maintenance of the stormwater management system, and the adopted capital improvement program Ordinance No. 6855-01 A funding needs of the system. For the purposes of these rates, the terms shall have the meanings set forth in section 32.242 or, if not defined in section 32.242, in sections 32.002 or 1.02. 1. Basic rate. The rate per month for one equivalent residential unit or ERU shall be established as specified below: Effective 1 / 1 /02 10/ 1 X38 1 10/ 1 /02 10/ 1 /99 10/ 1 /03 10/ 1 /2000 10/ 1 /04 10/ 1 /209-1 1011105 10/1/200.2 Per ERU 6.13 $4-00 7.16 S-1-1T 8.01 X1-3-5 8.65 $4:4-4 9.35 $4-:74 2. Residential property fees. The monthly fee for each residential property shall be: Single-family ................ 1 ERU/dwelling unit Duplex units .............. 1 ERU/dwelling unit Condominium units ....... 1 ERU/dwelling unit Apartments ................. 1 ERU/dwelling unit Mobile homes ............ 1 ERU/dwelling unit 3. Nonresidential property fees. Nonresidential property shall basis of the impervious area of the property in accordance formula: be charged on the with the following Impervious area (sq. ft.) divided by 1,830 sq. ft. = Number of ERU's. A minimum value of 1.0 ERU shall be assigned to each nonresidential property. The impervious area of each nonresidential property shall be as determined by the city engineer. ERU's shall be rounded to the nearest one-tenth of a unit. 4. Undeveloped property. Stormwater management utility fees shall not be levied against undeveloped property pursuant to this article. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING 2 Ordinance No. 6855-01 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ane C. Hayman Assistant City Attorney Brian J Auncgst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 3 Ordinance No. 6855-01 LL f a Clearwater U Interoffice Correspondence Sheet To: Bill Horne, City Manager Public Works Administrator; Mike Quil en, City Engineer Thru: Mahshid Ara A,' From: T Miller, Assistant Director of Engineering/E&SM CC: Garry Brumback, Assistant City Manager; Gary Johnson, Public Services Director Date: October 26, 2001 RE: October 24, 2001 Stormwater Projects & Rates Public Meeting The subject public meeting was held at the Harborview Center after being advertised by direct contacts (150 calls), variable message display, press release and reporting in the Tampa Tribune, Clearwater Countryside Citizen, and the St. Petersburg Times (Attached Articles), and on C-View Video Bulletin Board. The meeting was opened by the City Manager at approximately 7PM, introducing City Commissioners in attendance (Commissioners Hart, Jonson, Hamilton) and welcoming approximately 21 citizens. Following a presentation on the stormwater program (slides attached), the meeting was adjourned to individual drainage basin and rate stations for project /funding review with City Staff. In summary, fifteen (15) comment areas were returned, including: ? 6 requests for maintenance follow-up related to fence repair, catch basin grate replacement, trash & debris removal, sedimentation removal, and broken curbing. Public Service has been asked to follow-up and address as appropriate. ? 3 individuals in attendance are also residents of the Friendly Village of Kapok MHP and appreciated the information provided. 2 of the 3 expressed support for the City project to acquire the Park and to be relocated. The third expressed neither support for nor opposition to the City plan. ? 1 individual agreed that the infrastructure needed to be "...dealt with in all areas", but found the funding for stormwater management "...very disturbing." Expressed concerns for the manner in which Penny for Pinellas funds were expended and suggested"... someone needs to reason out the way our money is spent." ? l individual expressed concern over the use of herbicides to control noxious vegetation around waterbodies and the need to post signage when spraying. ? 1 individual related neighborhood flooding and seawall erosion. Staff is looking into that issue further as it had not been previously identified. W r The president of the Morningside-Meadows Homeowner Association confirmed flooding and provided a picture of flooding from 1997 (Left) 1 individual complimented staff on the work plan, indicating how much improved is the plan since "...10 years ago", indicating that if "...we raise stormwater fees, let's get some of these projects going". 1 individual provided a written summary of information (attached) to Commissioner Jonson and the City, expressing concerns for: o Kapok Flood Resolution Project - that "...a fair agreed on price for this property (Kapok MHP) and we have to own it before we can even consider starting this new project." o Town Pond Project - the cost for project landscaping. o Stormwater funding through a fixed 30-year bond "...when the City doesn't even know what the cost (for projects) could reasonably be" and recommended the use of "...bridge funds returned and unallocated Pennys money." o The need for the City "...to PRIORITIZE projects before raising water bills for the next 30 years to all residents." Copies of all completed meeting questionnaires are on file in the Engineering Department. / Y 'L( To: Thru: From: Mayor & City Commissioners Bill Horne, City Manager LL 0 Clearwater Interoffice Correspondence Sheet Mahshid Arasteh, Public Works Administrator CC: Garry Brumback, Assistant City Manager; Margie Simmons, Finance Director; Tina Wilson, Budget Director; Mike Quillen, City Engineer; Gary Johnson, Public Services Director; Keith Bush, PWA Controller; Tom Miller, Assistant Director of Engineering, Date: October 24, 2001 RE: Citizen Stormwater Questions/Responses Per your request, please accept below, Public Works response to questions from the Historic Bayview Community, as provided to Commissioner Jonson. 1. If the Stormwrater Utility was estimated in 1998 to require $30M in 5 years, or $6M/year, and the Stormwater Utility was re-estimated in 2001 to require $48M in 6 years, or $8M /year, then will the City increase stormwater fees from $6/month to $8/month? (Prom $72/year to $96/year) The Stormwater Utility estimated in 1998, a $30M requirement for capital improvements from FY 1999-2003. The projected annual capital spending ranged from a low in FY 2003 of $1,79 1, 000 to a high in FY 2001 of $11,757, 000. Similarly, this rate study recommends a $72.4M capital improvement requirement during the five-year period from FY 2002-2006, inclusive. That capital improvement requirement will necessitate an increase in stormwater utility fees from $4.54 as of October 1, 2001 to $6.13 on January 1, 2002. Subsequent annual increases will be required through FY 2006 to culminate in a $9.351month fee to non.-commercial dwelling units. 2. Is the Town Pond the only project receiving Penny-4-Pinellas $$? The Town Pond project is the only Stormwater Project to receive Penny funding from the Pennies 1! list of projects. 3. Why is the Town Pond, instead of the N. Greenwood projects, receiving the HUD $$? The City of Clearwater applied for and received federal appropriations out of VA- HUD Appropriations for Economic Development Incentive Bill from the U.S. Congress for the Town Pond Project. Funding appropriation from the U.S. Congress for !North Greenwood was not requested. W 4. Will the Town Pond encourage additional development, which will increase drinking water demands? The Town Pond project will encourage additional development in the "Srownfields" area thereby minimizing sprawl impacts within "Greenfields" areas. Given our projected development in the City over the next 4 years, water demand can be expected to increase by about 0.5% per year. However, the City has just completed a public awareness campaign for water conservation that has saved in excess of 106 million gallons of water for the months of May and June of this year compared to the same period last year. Overall, that represents a total demand decrease of 11.4% during this period alone. Further, since the City produces some of it's own water supply, purchases from the regional system have been reduced by 12.7% during this same period. Conservation efforts far surpass the redevelopment related water demand needs in the City. 5. From which properties (parcel numbers or street address) will the $84,000 "payment in lieu of" come? The City collected the $84,000 several years ago. The development locations for which were collected are not readily available at this time without further extensive research. The $84,000 will be used for storm pipe system improvements. 6. Why is $14,000 budgeted for air-conditioning and only $9,000 budgeted for stormwater quality improvements? The $14,000 budgeted for air-conditioning is for the stormwater utilities share of the cost to replace the air conditioner at the Public Services Utility Complex on Arcturas Avenue. The $9,000 is the balance remaining from an active capital improvement project. 7. If the stormwater utility is a dedicated fund for stormwater quality improvement, why is it spending an $$ on air conditioning? The stormwater utility fund was intended, in accordance with Ordinance No. 5058- 90, to establish utility fees for stormwater management service to be levied against all developed property within the City to provide for the planning, design, construction, operation, maintenance, regulation, surveying, and inspection of the stormwater management facilities of the City. As an enterprise fund, it is responsible for its operating cost as any privately funded utility. The Stormwater Utility will fund a portion of the cost for air conditioning at the Public Service Complex that houses the stormwater operation and maintenance utility crews. 8. What are the FDEP compliance costs, and why do they vary so much from . year to year? FDEP compliance costs are the result of fines and penalties imposed by the FDEP for historic water quality violations. That cost to the City was negotiated to $950,000. Rather than accept cash, the FDEP allowed the City to return that penalty into value for the City in the form of water quality improvement projects at locations to be determined by the City and approved by the State. The budgeted amounts vary due to the anticipated timing for project implementation. 9. What is the relation between the FDEP compliance costs, and the FDEP contribution to the Stevenson Greek Project? There is no relationship between the FDEP compliance costs and the FDEP contribution to the Stevenson Creek Project. The former is a consent requirement that must be fulfilled by the City through project implementation at 100% City cost. The latter is a grant award to the City by the FDEP. 10. Why was the Clearwater High School demo project dropped? This project was ultimately dropped by mutual consent of the City and Pinellas County Schools because of land restrictions pertaining to project site location. 11. Since the Stormwater Utility to meet NPDES requirements, why is only $44,000 of the $48,000,000 being spent to meet those requirements? The $44, 000 represents the balance of the capital improvement costs funded by the FY 1998-1999 rate study and remaining after the purchase of the capital equipment for NPDES compliance. NPDES funding in this rate study is redirected more appropriately as an operating cost and does not show up in the capital improvement projects list. 12. What is "PW Infrastructure"? PIN Infrastructure is the stormwater contribution to the Public Works Administration's new Geographic Information System (GIS) that will create GIS stormwater overlay and attribute mapping data to facilitate stormwater design, mapping and reporting. 13. What is "Storm Drainage R&R"? Storm drainage R&R is the repair and replacement of storm drainage pipes, an annual City contract. Projects of this nature primarily replace older corrugated metal pipe with newer, reinforced concrete pipe so long as that replacement is of same size pipe. Storm drainage R&R is now being replaced in this rate study update with the more descriptive term, Storm Pipe System Improvement, but will fund pipe improvements in the same manner as before. 14. What are "Flushing Improvements"? Flushing improvements refer to storm drainage improvements in the Morningside- Meadows Subdivision of streets that also include Flushing Avenue. 15. What is "Storm Expansion"? At what street addresses will that expansion occur? The storm expansion project is being recommended by staff to address recurrent flooding of property where property acquisition is the most cost-effective manner for flood resolution. These funds could be used for that purpose Citywide. There have been no specific properties identified at this time. 16. Can the City please provide a list of the positions of the 32 Stormwater Utility employees? Superintendent, 2-Public Service Supervisor fl, 8-Equipment Operator Ill, 4-Public Service Technician /ll, 15-Public Service Technician ll, and 2-Public Service Technician /positions. 17.$1,287,030/32 employees = $40,200/employee. What is the City's median and average per-employee expense? The median base salary of Clearwater employees is $36,214. The average per employee expense, including salary, pension, medical, and life insurance is $44,144. 18.Can the City please provide a tabulation of the $1,407,000 of operating expenses? See Attached, 83 Operating Expenses 19. Which budget item (5-10) includes the $257,240 charge by the General Fund? Budget Item #6, Operations. 20. Can the City please provide a tabulation of the $257,240 of charges? See Attached, Administrative Service Charge Computation ("2 pages). 21. Which budget item (5-10) includes the $689,410 charge for Engrg., Envir., Admin Services by the General Fund? Budget Item 96, Operations 22. Can the City please provide a tabulation of the $689,410 of charges? These are estimated charges based upon an employee work study performed prior to 1998. For fiscal year 2001 the charge was increased by an estimated inflationary rate of 2.7% to $690,140. The FY2002 charge is in line with the FY2001. 23. Which budget item (5-10) includes $326,810 of billing charges? Budget Item #7, Internal Services 24. Can the City please provide a tabulation of charges to other City programs, by billing? See Attached, Clearwater Customer Service Distribution of Charges 25. Can the City please provide a tabulation of the equipment? Vac-Con Sewer Cleaner, Mechanical Street Cleaner, Long Reach Tractor, 300 GallonM.aintenance Truck, Mechanical Street Clearer and Slope Mower, Global Position System Survey Equipment, One and One-half Ton Enclosed Van, Vac-con with Attachments, Posi-Track and Trailer 26. Can the City please provide a tabulation of the stormwater projects? See Attached, Capital Improvements Program, FY01-FY06 Project Funding 40 27.Our memory is that the City dropped the Druid Road project because of vigorous opposition from Druid Road residents. Is that correct? No. The Druid Road project was not dropped because of citizen opposition. A study conducted by PBS&J in '97-98 found that, with the exception of a few turning movements at some of the intersections, Druid Rd was operating fine and therefore did not need to be widened, 3-laned, or 4-laved. 28. Did the City eliminate all the Nature Parks and use the $$ to build streetscapes on the roadway to the Beach Tourist Industry? Of the nature parks that were identified to the City as "Dropped Nature Parks', the North Clearwater Nature Park is the only park that can be considered a true new "Nature Park" and was dropped from the Penny For Pinellas // list of projects. That project has yet to be implemented dire to funding. Funding for Moccasin Lake Nature Park is being secured from other sources. The remaining park projects were anticipated as a combination of active/passive park sites and have either been funded through other City funding sources or are anticipated for identification and funding through the Parks and Recreation Citywide Master Plan, now being prepared with citizen input. The nature park element of the Magnolia Falls project was located in Safety Harbor and is preserved through their zoning regulations from future development. 29. It appears that the Kapok/Alligator Creek was eliminated from the penny list and picked up by the Stormwater Utility. Is that correct? Yes 30: It appears that the only stormwater project NOT eliminated from the Penny list was the Town Pond. Is that correct? Yes, the Town Pond project is the only stormwater project not eliminated from the Pennys // list. B3 Operating expenses 7. ?2090 Stormwater '<<. 49.:.02090 539 000 ;... Other Operating 530100 Professional Services 6,000 530300 Other Contractual 152,600 542300 Gas, Water & San 100 542800 Inter-Id Other S 689,410 542900 Interfd Admin S 257,240 543200 Other Promotion 100 543400 Printing & Binding 100 543500 Dump Fee 20,000 544100 Equipment Rental 12,400 545100 Insurance 48,400 546200 Other Equipment Service & Repair 3,000 547100 Uniforms - Employee 8,800 547200 Travel Expense 2,600 547300 Mileage Reimbursement 100 547400 Meals - Employee 100 550400 Operating Supplies 200,000 .557100 Memberships/Subscriptions 1,150 557200 Official Recognition 320 557300 Training & Reference 5,290 Subtotal Other Operating 1,407,710 GENERALFUND Administrative Service Charge Computation Fiscal Year 2001/02 Estimated B d t General Fund: Administrative Departments: u ae City Commission 272,000 City Manager 733,510 Economic Development 502,430 Human Relations/Compliance 341,790 City Auditor's Office 133,750 Office of Management & Budget 271,300 Grant Writing 65,520 Legal 1,271,740 City Clerk 1,217,820 Public Information 918,780 Code Enforcement 1,019,210 Finance 1,949,840 Human Resources 1,194,660 TOTAL TO BE DISTRIBUTED 9,892,350 Operating Departments General Fund: 2000/01 Police 26,536,190 Fire 15,118,810 Planning & Development 3,479,740 Public Works 7,465,250 Parks & Recreation 13,953,630 Library 4,375,040 Sailing Center/Pier 480,970 Non-Departmental 2,506,550 Total, General Fund 73,916,180 Utilities: Water & Sewer 35,320,960 Gas 20,464,490 Solid Waste 13,910,360 Recycling 2,102,490 Stormwater 4,018,070 Total, Utility Funds 75,816,370 Other Enterprise Funds Marina 2,541,480 Parking 2,245,260 Total, Other Enterprise Funds 41786,740 TOTAL - ALL OPERATING DEPARTMENTS 154,519,290 (D O J O Z W F Z O H O LL Z c? CA W z Z U > U- M W (n c) IX IL W ? W O Z cn w M O V ? Ix m w W U WW LL! V 0 m CD U N O O U- 1- O Z O D co m 0 O o O O (D co I` M v ch O O cv v r- O M ? O M N O OJ O Z to _ -a U G w H LL o_ .N ?-' n Q (D G W !-U)0O o c) (D 9 .!2 p O O co a o N O O p +` . O Q d O omm ?-- In () m a 'O .0 O r O r : M r En O O Q I I cn E 0 m 0 m o c/) U- ai r r CD ti U) O M O ~ ? M C/) ( D 'a 0 oo 0 CD ' 0aoo r O M d Cp r M M O N M N W d G .n r In . w M 00 (6 [- Ir- C" gn M O N ~ 0 CO ( D e - M 0 C LO IT CO N CO I I I O? in V I` N M O O t? M M Cp r M M O N M N DD O CA O 00 00 ice. N t? 00 ? M ca r M Ca it II II 11 N II II or- co tM ° r (O 0 O t`7 t- e- N r r xx x x xx 0 0 0 0 0 0 " co 0 0 m 0 M 0 M m 0 0 0 T- r-- fl- I- e- Il- r I- e- T- Il- I` -J O Cn a) rn a) rn am NN N N cllN _ U W H ~ H Q Q < Q ww o n ? e ': j Z l i, U) U) (D x ( r r i o. GENERALFUND Administrative Service Charge Computation Fiscal Year 2001/02 General Fund Water & Sewer Gas Solid Waste Recycling Stormwater Marina & Aviation Parking Fund `F i .o1+ io 22.86% 13.24% 9.00% 1.36% 2.60% 1.64% 1 duo/ Amount 4,732,126 4,732,130 2,261,254 2,261,250 1,310,140 571,916 738,224 890,543 0 890,540 134,602 134,600 257,237 257,240 162,706 162,710 1 d3 7d) 1dQ 7dn 5(1,`JIU .9,892,350 (1) Per policy increase started in FY 1996/97, Gas administrative charge to increase only by salary increase index. For fiscal 2001/02 - 5%) Capital Improvements Program Project Description Global Positioning Survey Eq Air Conditioner Replacements Stormwater Quality Impr Habitat Restoration & Impr Storm Drainage R&R Allen's Crk Rehab at Hercules Alligator Crk Implementation Cooper's Pt Restor & Mgmnt Storm Pipe System Replacement Town Pond N. Greenwood Stmwtr Retrofit Allen's Crk Gabion Stevensons Crk Estuary Rest NPDES FDEP Compliance City Wide Aerial Photography PW Infrastructure Mgmnt Syst N. Gmwd Corr Enh (Stmpipe) Aliens Crk Neighbrh Flooding Alligator Creek Drainage Imprvmnt Morningside/Meadows Drainage Improvements Kapok Mobile Home Park Myrtle Avenue Drainage Improvements N. Beach Neighborhood Drainage Sharkey Rd Drainage Improvements Storm System Expansion Stevensons Creek Implementation Projects Tropic Hills Drainage Improvements FY01 - FY05 Planned Project Fundinq FY01 FY02. FY03 FY04 FY05 FY06 Total 4,000 4,000 14,000 14,000 9,000 9,000 2,000 2,000 5,000 5,000 34,000 34,000 655,000 899,000 1,554,000 32,000 30,000 30,000 92,000 730,000 1,084,000 1,000,000 1,000,000 1,000,000 1,000,000 5,814,000 4,971,000 5,675,000 907,000 100,000 11,653,000 251,000 44,000 295,000. 667,000 667,000 1,417,000 1,033,000 2,275,000 2,275,000 7,000,000 44,000 44,000 200,000 768,000 40,000 1,008,000 22,000 22,000 172,000 91,000 67,000 67,000 67,000 464,000 225,000 225,000 600,000 600,000 1,205,000 2,655,000 564,000 4,424,000 575,000 575,000 6,182,000 8,006,000 2,500,000 16,688,000 255,000 9,100,000 9,355,000 470,000 470,000 900,000 900,000 1,000,000 1,000,000 1,000,000 1,000,000 4,000,000 3,255,000 1,072,000 0 1,108,000 500,000 5,935,000 550,000 550,000 15,375,000 23,299,000 18,566,000 6,269,000 5,830,000 3,064,000 72,403,000 Stormwater Planned Projects.xls/Pind Pj Revs - HaRdget'2aS6p 9/27/01 5:38 PM W CITY OF CLEARWATER Stormwater Utility Fund - 419 Comparison of Actual vs Rate Study for FY99 thru FY01 FY99 thru FY01 SUMMARY Planned 9/30/01 Rate Study Actual Available Funding Fundin Expended Cash (See Note) 9/30/98 Existing Protects Stevenson's Creek (96102) 24,379 (24,379) 0 Stmwtr Quality Imprv-Prop Purch (96103) 59,855 (52,111) 7,744 Habitat Restoration & Imprv (96105) 18,934 (16,636) 2,298 Groundwater Quality Prot (96111) 15,046 50,930 65,976 Storm Drainage (96118) 53,976 (53,976) 0 Allen's Creek Rehab at Hercules (96119) 300,000 1,322,630 (1,308,025) 14,605 Alligator Crk Implementation (96120) 295,000 11358,883 (945,942) 412,941 Cooper's Pt Restoration & Mgrnt (96121) 100,000 124,213 (138,693) (14,480) Citywide Aerial Photography (96516) 22,215 (10,000) 12,215 1998 Utility Rate Study Projects Friendly Village of Kapok 7,232,000 0 815 Brookside Drive (completed w/Druid Rd - planned funding to 96122) Flushing Ave/Glenmore Court Mornin side/Meadows Drn Im rv 130,000 0 Pierce St Dwntwn (Town Pond) (96125) 6,800,000 4,595,000 (2,469,948) 2,125,052 1264 Burma; Moreland & Summerlin (Tropic Hills) 285,000 0 Storm Pipe System Improvements 2,075,000 1,665,020 (1,297,747) 367,273 Lake Bellevue Outfall Improvements 390,000 0 Stevenson Creek Watershed Plan (96126) (merged with Stevenson Crk Estuary Restoration 96129) - Fairwood Avenue Bridge 500,000 F 190,000 I T 190,000 Saturn Ave/Sherwood St (merged with Stevenson Crk Estuary Restoration 96129) NPDES (96130) 440,000 99,672 (71,144) F 28,528 Coachman Road (County project - planned funding moved to 96122) Ent Rd Crossing of Chnl B (rd proj - $ available) (road project - planned & actual funding moved to 96122) Arcturas Pond to G-T-B (A/Crk Gabion) (96128) 1,300,000 F1,300,000 (182,505) i ,117,495 Cliff Stevens Park (moved to Alligator Creek Implementation 96120) Clearwater High School Demo (canceled - planned funding moved to 96122) Maple Swamp Rehab (moved to Allen's Crk Rehab at Hercules 96119) N. Greenwwd Strmwtr Retrofit (96127) 160,000 262,273 (102,114) 160,159 Stevenson Crk Dredge (Estuary Restor) (96129) 1,900,000 1,456,033 (846,942) 609,091 Strmwtr Rate Study Projects (96122) 650,000. 1,034,920 1,034,920 Stmwtr Comp 98 URS to Actual Proj Oct01 /Proj Act 99.01 10/31/01 12:24 PM Page 1 of 2 V CITY OF CLEARWATER Stormwater Utility Fund - 419 Comparison of Actual vs Rate Study for FY99 thru FY01 FY99 thru FY01 SUMMARY Planned 9/30/01 Rate Study Actual Available Funding Funding Expended Cash (See Note) Other Protects Added PW Complex Remodeling (94767) 20,000 20,000 Long Reach Track Hoe (96123) 193,750 (193,750) 0 Roof Replacements (94514) 4,830 (4,830) 0 PW Infrastructure Management (96521) 233,340 (92,506) 140,834 Global Positioning Survey Equip (92827) 3,750 3,750 FDEP Compliance (96137) 347,596 347,596 22,557,000 14,406,315 (7,760,318) 6,645,997 t jExp as a % of planned funding jExp as a % of actual funding fundg as a % of piannd fund Note: Actual funding includes grant revenue received: Allen's Creek Rehab at Hercules (96119) 1,049,683 Alligaotor Crk Implementation (96120) 369,737 Cooper's Pt Restoration & Mgmt (96121) 6,640 Pierce St Dwntwn (Town Pond) (96125) 1,295,000 N. Greenwwd Strmwtr Retrofit (96127) 15,947 Stevenson Crk Dredge (Estuary Restor) (96129) 182,862 2,919,869 Stmwtr Comp 98 URS to Actual Proj 0ct01/Proj Act 99-01 -34.40%1 -53.87%1 10/31/01 12:24 PM Page 2 of 2 a 2 4 -"?Y Stormwater Cost Centers Budgets & Actual figures from Budget books Current & Proposed Fees Stormwater Management FY 97/98 FY 98/99 FY 99/00 FY 00/01 FY 01/02 02 Increase% Actual Actual Actual Budget Budget Over FY 98 Personnel 249,551 229,446 269,114 339,100 360,520 44.47% Operating 208,171 108,296 72,124 64,200 94,290 -54.71% Internal Services 58,409 31,394 17,809 39,780 41,300 -29.29% Capital 10,974 6,511 14,912 39,000 52,800 381.14% Debt 0 0 182,394 317,750 517,670 n/a Transfers 633,742 155,980 155,520 209,240 216,240 -65.88% Total 1,160,847 531,627 711,873 1,009,070 1,282,820 10.51% Change for 1 year -54.2% 33.9% 41.7% 27.1% FTEs 5.0 4.0 6.0 6.0 6.0 20.00% Stormwater Utility FY 97/98 FY 98/99 FY 99/00 FY 00/01 FY 01/02 02 Increase% Actual Actual Actual: Budget Budget Over FY 98 Personnel 1,015,234 955,404 1,011,896 1,156,970 1,287,030 26.77% Operating 1,224,564 1,344,347 1,105,597, 1,200,010 1,407,710 14.96% Internal Services 360,277 579,320 684,659 804,640 859,070 138.45% Capital 127,446 206,720 81,146 41,200 71,400 -43.98% Debt 8,781 9,065 10,124 158,870 179,600 1945.33% Transfers 4,135 20,000 797,740 665,420 559,150 13422.37% Total 2,740,437 3,114,856 3,691,162 4,027,110 4,363,960 59.24% Change for 1 year 13.7% 18.5% 9.1% 8.4% FTEs Total Storm Water Change for 1 year Overall FTEs 27.0 28.0 30.2 30.0 32.0 3,901,284 3,646,483 4,403,035 51036,180 5,646,780 -6.5% 20.7% 14.4% 12.1% 32.0 32.0 36.2 36.0 38.0 18.52% 44.74% 18.75% Fees to residents 10/11/97 10/11/98 10/1/99 10/11/00 10/1/01 5 r. Chan e% Approved Stormwater Fees $3.00 $4.00 $4.17 $4.35 $4.54 51.3% Increase for 1 year 33.3% 4.3% 4.3% 4.4% 1 /1 /02 10/11/02 10/11/03 10/11/04 10/11/05 Proposed Fees 6.13 7.16 8.01 8.65 9.35 Change from $4.54 (10/1 /01) 35.0% 16.8% 11.9% 8.0% 8.1% Notes: 1.) Fees increased in 98/99 for first time in 7 years to fund Bonds for $30 M CIP projects. Annual fee increases slated at 4.3%. "Aggressive CIP projects required to abate severe flooding areas, improve quality, add/improve infrastructure and meet federal & state mandates. 2.) Division reorganization in 98/99 begin to charge engineering fees directly to Stormwater not as transfers. 3.) PILOT percent was increased 35% in FY 01 4.) Adm Svc and garage costs have been increasing faster than inflation 5.) Personnel costs up 30% =19% increase FTEs and salary increases (4 yrs x 4%?) -/ ?? o- THIRD AMENDMENT TO EMPLOYMENT AGREEMENT This Third Amendment to Employment Agreement is entered into this day of , 2001, by and between the CITY OF CLEARWATER, FLORIDA ("CITY") and PAMELA AKIN ("Employee"). WHEREAS, City and Employee entered into an Employment Agreement on August 30, 1994, to employ the services of the Employee to serve as City Attorney, and said agreement was subsequently amended on August 28, 1997 and December 18, 1997; and WHEREAS, it is the desire of the City and the Employee to change certain benefits as originally provided in the Employment Agreement; now, therefore, Section 1. Section 3, Termination and Severance of the Employment Agreement between the City and the Employee as amended to read as follows: Section 3. Termination and Severance Pay. (a) The City specifically agrees that because the City Attorney is a full-time employee of the City, the sole remedy for any error, omission, negligence or the like of the City Attorney is termination of employment, except as otherwise provided in the City's Code of Ethics, whereby the City may recover any pecuniary benefits received by the Employee because of the violation of said code. (b) Employee agrees that because his continued employment as City Atbrney is solely at the discretion of the City Commission, should employment be terminated by the City Commission for any reason, Employee hereby expressly waives any right to seek redress in any manner except as herein provided. (c) Termination Without Cause. In the event Employee is terminated by the City Commission during such time that Employee is willing and able to perform the duties of City Attorney and such termination is without cause, then in this event the City agrees to pay Employee on the last day of employment: 1. A lump sum cash payment equal to six (6) months' aggregate salary at the rate in effect at the time of termination plus one (1) month for each year of employment beginning October 2001, not to exceed the total of six (6) addtional months. (Aggregate salary shall include the base compensation of Employee and the City's contribution to the Money Purchase Pension Plan. The City's Money Purchase Pension Plan payments that are due shall be deposited with the appropriate fund br the benefit of Employee.) 2. All accumulated and unused general leave (as herein defined) of Employee. (d) Termination of Employee's agreement by the City within the meaning of this section shall mean any formal or informal action of the CityCommission requesting that he resign or dismissing him from his employment with the City. Employee may elect to treat as termination of his employment by the City, within the meaning of this section of the agreement, any other action of the City Commissbn which eliminates or reduces benefits to which Employee is entitled under this Employment Agreement, the City Charter, or the City Code of Ordinances or the role of City Attorney as defined in the Charter, in a greater percentage than an applicable across-the board reduction for other executive/managerial personnel of the City whose purpose is to induce Employee to terminate employment with the City. (e) Termination Because of Illness or Iniury. In the event Employee is terminated by the City Commission or elects to resign his position because Employee is beset with any chronic, debilitating illness or injury which prevents Employee from undertaking or performing the responsibilities of the position of City Attorney, than in that event the City Commission agrees to pay Employee on the last day of employment: 1. A lump sum cash payment equal to six (6) months' aggregate salary at the rate in effect at the time of termination plus one (,I) month for each year of employment beginning October 2001, not to exceed the total of six (6) additional months. (Aggregate salary shall include the base compensation of Employee and the City's contribution to the Money Purchase Pension Plan. The City's Money Purchase Pension Plan contribution payments that are due shall be deposited with the appropriate fund for the benefit of Employee). 2. All accumulated and unused general leave of Employee. (f) Termination for Cause. In the event Employee is terminated by the City Commission for proper and just cause, including but not limited to misfeasance, malfeasance, neglect of duty, or conviction of a felony, Employee shall receive no severance pay but shall be paid only for any accrued and unused general leave. Should the City Commission terminate Employee for proper and just cause, then the City Commission agrees upon request of Employee to appoint a hearing officer, mutually acceptable to the City Commission and Employee. The hearing officer shall conduct a hearing and issue findings of facts within 60 days of the termination. The City Commission and Employee will be bound by the findings of fact. The City Commission will provide Employee an opportunity to respond to the fact report at a public hearing. (g) Voluntary Resignation. In the event Employee resigns to accept other employment or for reasons other than those enumerated above, Employee shall not receive any severance pay, but shall be paid for the accrued and unused general leave as of the effective date of the resignation. Employee agreesto inform the City Commission in writing of voluntary resignation and shall provide at least two months' notice in advance unless Employee and City Commission otherwise agree. (h) In the event of termination as set forth herein other than a voluntary resignation pursuant to Paragraph (g) above, the City agrees to continue paying its portion of medical insurance, including but not limited to, COBRA benefits for Employee only, for a period not to exceed the severance period provided herein. In the event that during such period Employee shall obtain other employment wherein such benefits are paid, the City's obligation to continue paying such medical and other insurance shall cease as of the effective date of such other insurance coverage or the end of the severance period, whichever comes first. 1k ?10 in if-MIR Section 2. Section 4, Paragraph C, Subsection 6, Salary, Retirement, Vehicle, and Other Benefits, of the Employment Agreement between the City and the Employee as amended is further amended as follows: 6. Employee shall be given "general leave" in lieu of vacation, sick leave, and floating holidays at a rate of 35 days per year to be accrued biweekly beginning on October 19, 2001. Accumulation of general leave shall be capped at 90 days. When Employee reaches the cap, the City Commission agrees to consider an increase to the cap or buyback of leave. Section 3. All other terms and conditions of the Employment Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and the Employee have executed this Amendment on the date first above written. CITY OF CLEARWATER, FLORIDA By: Approved as to form: Attest: Brian J. Aungst Mayor-Commissioner Assistant City Attorney Cynthia E. Goudeau City Clerk EMPLOYEE Pamela K. Akin