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04/04/2002 ',I , ,~ .', AGENDA 04/04/02 . ., :-, i , 1 , ,-/ J (tjS .. CITY COMMISSION MEETING 04/04/02 lt10 . ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, April 4, 2002 - 6:00 P.M. - Commission Chambers ITEM #1 - Invocation - Reverend David Landers - Heritage United Methodist Church ITEM #2 - Pledge of Allegiance - Mayor. ITEM #3 - Introductions and Awards Proclamations: Fair Housing Month - 4102 Neighborhoods Week - 4/15-20102 Community Development Week- 4/1-5/02 ITEM #4 - Presentations - Given. a) Celebrate Clearwater Neighborhoods b) Beautification Committee to present award to Autoway ITEM #5 - Approval of Minutes - 3/21/02 regular meeting - Approved as submitted. ITEM #6 - Citizens to be heard re items not on the A~enda Rick and Rene Teal expressed appreciation to firefighters who responded to the 1/11/02 accident that killed their eldest son and injured their younger son. They love Clearwater and expressed appreciation to those who responded and expressed sympathy and concern. A State of the Art facility is being dedicated at Clearwater High School in memory of Ricky Teal. Ed Hooper, pointing out what the City does right, complimented Bill Horne, a talented and gifted City Manager, for doing an incredible job. Judy Melges, Community Chair of the Library Capital Campaign, invited residents to attend the Garage Sale in support of the new Main Library on 4/23-24/02, and a "Thanks for the Memories" Party on 4/28/02. PUBLIC HEARINGS Public Hearing - Second Reading Ordinances ITEM #7 - Ord # 6932-02 - Residential Rentals, creating Article 3, Division 23, Community Development Code for applicability and restrictions, and amending Appendix A, regarding occupational license fees, code of ordinances; and approval of a new Residential Rental Compliance Notice Requirements for Minimum Applicable Standards form to be filed at the time of- occupational licensing. ACTION: Ordinance adopted. ITEM #8 - Ord #6937-02 - Annexation Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 1 0-29S-15E) (Liberian A. Miles) ANX 01-12-30 ACTION: Continued to Date Uncertain. ITEM #9 - Ord #6938-02 - Land Use Plan Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 1 0-29S-15E) (Liberian A. Miles) LUP 01'-12-30 ACTION: Continued to Date Uncertain. ITEM #10- Ord #6939-02 -Zoning Atlas Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 1 0-29S-15E) (Liberian A. Miles) LUZ 01-12-30 ACTION: Continued to Date Uncertain. ITEM #11 - Ord #6940-02 - Annexation Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant Ridge Estates Subdivision in Section 24-298-1 5E) (John L. and Linda W. Blechschmidt) ANX 01-12-31 ACTION: Ordinance adopted. Action Agenda 1 04/04/02 ITEM #12 - Ord #6941-02 - Land Use Plan Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant Ridge Estates Subdivision in Section 24-29S-15E) (John L. and Linda W. Blechschmidt) LUP 01-12-31 ACTION: Ordinance adopted. ITEM #13 - Ord #6942-02 -Zoning Atlas Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant Ridge Estates Subdivision in Section 24-295-1 5E) (John L. and Linda W. Blechschmidt) LUZ 01-12-31 ACTION: Ordinance adopted. ITEM #14 - Ord #6943-02 - Annexation Amendments for 1725 West Manor Avenue (Lot 36, Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc) ANX 01-12-32 ACTION: Ordinance adopted. ITEM #15 - Ord #6944-02 - Land Use Plan Amendments for 1725 West Manor Avenue (Lot 36, Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc) LUP 01-12-32 ACTION: Ordinance adopted. ITEM #16 - Ord #6945-02 - Zoning Atlas Amendments for 1725 West Manor Avenue (Lot 36, Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc) LUZ 01-12-32 ACTION: Ordinance adopted. ITEM #17 - Ord #6946-02 - Land Use Plan Amendment for property at 565 Sky Harbor Drive from Residential Office/General to Institutional (Parcel of land lying within the SW1 /4 of Section 17-29S-16E) (Excel Realtv Trust) LUP 01-12-09 ACTION: Ordinance adopted. ITEM #18 - Ord #6947-02 - Rezoning for property at 565 5ky Harbor Drive from Residential Office/General to Institutional (Parcel of land lying within the SW1 /4 of Section 17-29S-16E) (Excel Realty Trust) LUZ 01-12-09 ACTION: Ordinance adopted. Action Agenda 2 04/04/02 ITEM #19 - Ord #6948-02 - Land Use Plan Amendment property at 520 Sky Harbor Drive from Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in Section 17-295- 16E) (Clearwater Mall LtC) LUP 01-12-10 ACTION: Ordinance adopted. ITEM #20 - Ord #6949-02 - Rezoning for property at 520 Sky Harbor Drive from Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in Section 17-29S-16E) (Clearwater Mall LLC) LUZ 01-12-10 ACTION: Ordinance adopted. ITEM #21 - Ord #6956-02 - amending the operating budget for fiscal year ending September 30, 2002, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund, Special Program Fund, Water & Sewer Fund, Stormwater Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Parking Fund, Administrative Services Fund, Garage Fund and Central Insurance Fund, as provided herein; providing an effective date. ACTION: Ordinance adopted. ITEM #22 - Ord #6957-02 - amending the Capital Improvement Budget for the fiscal year ending September 30, 2002, to reflect a net increase of $162,633 providing an effective date. ACTION: Ordinance adopted. , ~ ~ ..', ,r -, ',.~. ~ .~..." ,:., ".. '~', ,':::- .: ~ ", ':':.' ,../ :' _'~."" _' '.. '. :" " ' CITY MANAGER REPORTS CONSENT AGENDA (Items #23- 35) - Approved as submitted. ITEM #23 - Approval of Purchases per Purchasing Memorandum: 1) Purchase four (4) Flygt pumps for $82,649 from E K Phelps & Company. (PU/WPC) 2) Purchase contract renewal for gas materials-meters & regulators during contract period May 2, 2002 through April 30, 2003 of 2001 bid for $150,000 from M T Deason Company Inc. First renewal option of 2001 bid. (CGS) 3) Purchase to replace five (5) 2002 Toro Z Master riding mowers with attachments and three (3) 2002 Toro 3280 Groundsmaster riding mowers for $82,378.47 from Wesco Turf Supply. (GSS/FlEET) 4) Service contract Cellular digital packet data service during the contract period March 1, 2002 through March 31,2004 for $120,000 from Allte!. (PO) . 5) Service contract relocation of library furniture and materials for $67,500 from Professional Movers, Inc. (LIB) ITEM #24 - Approve $30,000 to fund City portion of a design and transportation planning services contract for the Gateway area, as the corridor to downtown, in the Downtown plan. ED ITEM #25 - Authority to settle worker's compensation claim of Claimant, Alan Mazurowski in its entirety to include medical, indemnity and attorney fees for the sum of $135,000. FN ITEM #26 - Authorize lease purchase of capital items that cost $ 50,000 and under without a separate authorization from the City Commission as long as they meet the lease purchase requirements, purchasing standards, and are approved in the budget. FN Action Agenda 3 04/04/02 ITEM #27 - Approve the second and final one-year extension to the Agreement with Bane of America Securities, lLC to serve as the City's financial advisor. FN ITEM #28 - Award contract to Heavy Duty Lift & Equipment, Inc. in Buford, GA for the purchase of two (2) surface mounted 75,000 pound capacity Omar Vega 340 portable lifts at a cost of $121,000 and authorize financing under the City's Master Lease/Purchase Financing Agreement, in accordance with Sec. 2.564(1 )(d), City of Saint Petersburg bid #7511. GSS ITEM #29 - Authorization to institute legal action against a private slip tenant, LeBron Free at Island Estates slip #140, to recover past due rent and remove boat from slip. MR ITEM #30 - Approve the expenditure of $90,000 from Recreation Facility Impact Fees for the construction of a dog park at Crest Lake Park. PR ITEM #31 - Approve Work Order for $132,840 to Tampa Bay Engineering, Inc. (TBE) to conduct site assessment and remediation activities at the "Former Clearwater Seafood" site located at 37 Causeway Boulevard. PW ITEM #32 - Approve Work Order to Parsons Engineering Science, Inc. to provide engineering design and permitting services for the Palmetto Street Improvements ProJ~for the sum of $126,989. PW ITEM #33 - Appoint Commission members as representatives on the Regional and Miscellaneous Boards ClK ITEM #34 - Appoint Kathy Milam to Community Development Board - Alternate Position elK ITEM #35 - Grant of Easement, The Grand Bela~io at Baywatch, LTD., section 20-29-16E, sanitary lift station easement. CA OTHER ITEMS ON CITY MANAGER REPORT ITEM #36 - Res #02-21 authorizing the Mayor, on behalf of the Clearwater Police Department, to execute the "Tampa Bay Regional Domestic Security Task Force Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding" allowing voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and operational assistance by and among participating law enforcement agencies within the State of Florida to promote domestic security. PO ACTION: Approved. Resolution adopted. ITEM #37 - Res #02-22 authorizing the Mayor, on behalf of the City of Clearwater, to execute the "Statewide Mutual Aid Agreement" allowing for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. PD ACTION: Approved. Resolution adopted. ITEM #38 - First reading Ord # 6984-02 approving new gas utility rates to become effective for all billings on or after May 1, 2002. CGS ACTION: Approved. Ordinance passed 1 st reading. ITEM #39 - First reading Ord #6918-02, revising Appendix A, 5% increase in Occupational License Fees, Code of Ordinances. OS ACTION: Approved. Ordinance passed 1 st reading. ITEM #40 - Approve contract, Wolverine Property Investment Limited Partnership, a Delaware Limited Partnership, to purchase a portion of the Northeast 1/4 of the Southeast 1/4 of section 8-29S-16E, a/k/a Friendly Village of Kapok Mobile Home Park for $7,200,000 plus estimated environmental site assessment costs of $5,000, a current boundary survey at $2,500, estimated 2002 property and personal property taxes of $39,500, title insurance and other closing expenses of $76,500, for total estimated transaction costs of $7,323,500. PW ACTION: Approved. ITEM #41 - Approve Work Order with Parsons Engineering Science, Inc. of Tampa, an Engineer of Record, for the design and permitting for the Kapok Wetland and Floodplain Restoration Project in the amount of $315, 136. PW ACTION: Approved. ITEM #42 - Approve the advance of $5,000 to HDR Engineering for the funding of Friendly Village of Kapok Mobile Home Park operations upon purchase of the park by the City, per the operating procedures as set forth. FN . ACTION: Approved. ITEM #43 - Approve a contract to purchase real pro~erty legally described as Lot 1, The Clearwater Collection Second Replat, according to the plat thereof, Public Records of Pinellas County, Florida, commonly known as 21870 U.S. Highway 19, from Home Depot U.S.A. for $3,925,000, authorize acceptance of the deed. PR ACTION: Approved. Action Agenda 04/04/02 4 ITEM #44 - Two (2) Parks & Recreation Board Appointments eLK ACTION: Reappointed Sarah Wiand and Stephen Swanberg ITEM #45 - Other Pending Matters - None. CITY ATTORNEY REPORTS ITEM #46 - Other City Attorney Items - None. ITEM #47- City Manager Verbal Reports City Manager said opposition has been expressed to some proposed Code changes. Consensus to discuss at next Work Session to see if issues can be resolved. City Manager thanked the City Commission for staying the course on the Phillies project. ITEM #48 - Commission Discussion Items a) Transportation Impact Fee Update (Gray) ACTION: Recommended opposition to fee increase, plan to sunset fee in future, and identify alternative funding source. b) Request to attend Tampa Bay Partnership Leadership Conference (Gray) ACTION: Approved Gray and Jonson attendance 5/20-21/02 with Gray staying in hotel and Jonson commuting. Also approved Jonson and Hamilton attendance'5/30 - 6/1 to Suncoast Municipal League Conference with Jonson staying in hotel. Action Agenda 5 04/04/02 c) Cleveland Street Rail Road Crossing (Aungst) ACTION: Plans reviewed to repair crossing beginning 5/6. ITEM #49 - Other Commission Action Hibbard and Aungst thanked Paint Your Heart Out Clearwater participants for their hard work. Hibbard welcomed Jerry Tidwell, new pastor at Calvary Baptist Church. Gray requested residents drop off donations of clothing, shoes, nonperishable food, etc. this week, on 4/6/02 at City Hall, and at concerts on 4/5 and 4/6 to benefit 211, run by Pinellas Cares. Volunteers are welcome. Jonson and Aungst wished Jack Alvord a speedy recovery. Jonson reported he had attended the school volunteer presentation this week at Ruth Eckerd Hall which honored the City Manager as a senior volunteer at Clearwater High School. The Mayor's son, Brian, also was recognized. Jonson encouraged Commissioners to view a tape of yesterday's DDB meeting, where the speaker encouraged cities to value their history and care for the environment. Jonson presented photographs showing the aesthetic differences between a strip shopping center and a retail area that reflects more of a traditional downtown. He also presented a picture of the newly completed landscaping project at Countryside Mall and thanked the Mall Management for their efforts in this regard. Hamilton said Spring Training is over and the teams have begun their regular season. Aungst said on 4/5/02 at 11 :00 a.m., he will attend the national unveiling of the Longleaf Pine Forest Stamp Pane at the Harborview Center. Aungst said the Clearwater Phillies Opening Night in on 4/5/02 at 7:00 a.m. Aungst said a concert scheduled for Coachman Park on 4i5/02, will feature Jars of Clay. Aungst said the Freebie Weebie Concert at Coachman Park is scheduled for 4/6/02 Aungst said the City will honor Friends of the Library volunteers at a tea at the East Library on 4/7/02. Aungst said Commissioners will be attending the 4/11/02, Employee Achievement Awards Lunch at the Harborview Center. Aungst wished speedy recoveries to Bob Brumback and Tim Garvey. Aungst announced the next Work Session is on 4/15/02 at 9:00 a.m. Action Agenda 6 04/04/02 Aungst thanked the Teals for addressing the City Commission tonight. ITEM #50 - Adjournment - 8:44 p.m. *,. . ~ .., . . . " . ,. . '.:. . ". .'.' ,: . . . . I ' .' " ..' '. .. :'., :,' . . . CITY OF CLEARWATER Interdepartmental Correspondence TO: SUBJECT: Mayor and Commissioners ~ Cynthia E. Goudeau, City Clerk ~ c..~ Follow up from April 1 ,2002 Work Session FROM: COPIES: William B. Horne, City Manager DATE: April 2, 2002 In response to questions raised at the April 1, 2002 Work Session, the following answers are provided in final agenda order: Agenda revised to include the following: Under Introductions and Awards - Proclamation - Community Development Week Under Commission Discussion Items: . 1) Transportation Impact Fee Update (Gray) 2) Request to attend Tampa Bay Partnership Leadership Conference (Gray) 3) Cleveland Street Rail Road Crossing (Aungst) Item #30 - Approve expenditure for construction of dog park at Crest Lake Park - No additional operating expenses are anticipated. The cost of upgrading landscaping around the dog park will be offset by the reduction in the size of the playground. The net is expected to be negligible. Item #33 - Commission appointments to Regional and Miscellaneous Boards - Revised item was provided. Item #43 - Purchase real property from Home Depot U.S.A. - Copies of Appraisals prepared by Kurt Schoenrock, MAl, Suncoast Appraisers and James Millspaugh, MAl, James Millspaugh & Associates, Inc. were provided. Miscellaneous - Brownfields Advisory Board Appointments - Two members' terms expire on May 31, 2002. One appointment requires residency within or adjacent to the Brownfield Area and one appointment requires a representative of federal or state agency or local government involved with the Brownfields remediation process within Pinellas County and need not be a resident of the city. I will be working with Economic Development to identify potential nominees. . ~ . !" ~ 4 , ,.. . '..' , \" .' t , ., , ~. ' ~ . .~, . ~.'. 'r " . " ': ' . . , ' I, " .. . . " ~. , .' ., . 4, . AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, April 4, 2001 - 6:00 P.M. - Commission Chambers Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your name and address. Persons speaking before the City Commission shall be limited to 3 minutes unless otherwise noted under Public Hearings. For other than Citizens to be heard re items not on the Agenda, a spokesperson for a group may speak for three (3) minutes plus an additional minute for each person in the audience that waves their right to speak, up to a maximum of ten (10) minutes. Prior to the item being presented, please obtain the needed form to designate a spokesperson from the City Clerk (right hand side of dais). Up to thirty minutes of public comment will be allowed for an agenda item. No person shall speak more than once on the same subject unless granted permission by the City Commission. The City of Clearwater strongly supports and fully complies with the Americans with Disabilities Act (ADA). Please advise us at least 48 hours prior to the meeting if you require special accommodations at 727-562-4090. Assisted Listening Devices are available. Kindly refrain from using beepers, cellular telephones and other distracting devices during the meeting. 1 Invocation 2 Pledge of Allegiance 3 Introductions and Awards a) Proclamation - Fair Housing b) Proclamation - Neighborhoods Week c) Proclamation - Community Development Week 4 Presentations a) Presentation -Celebrate Neighborhoods b) Beautification Committee to present award to Autoway 5 Approval of Minutes - 03/21/02 6 Citizens to be heard re items not on the Agenda PUBLIC HEARINGS Not Before 6:00 P.M'. Public Hearing - Second Reading Ordinances 7 Ord # 6932-02 Residential Rentals, creating Article 3, Division 23, Community Development Code for applicability and restrictions, and amending Appendix A, regarding occupational license fees, code of ordinances; and approval of a new Residential Rental Compliance Notice Requirements for Minimum Applicable Standards form to be filed at the time of occupational licensing. 8 Ord #6937-02 - Annexation Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) ANX 01-12-30 (To be Continued) 9 Ord# 6938-02 - Land Use Plan Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) LUP 01-12-30 (To be Continued) 10 Ord# 6939-02 -Zoning Atlas Amendments for 1328 Woodbine Street (Lot 17, Block B of Pine Ridge in Section 10-29S-15E) (Liberian A. Miles) LUZ 01-12-30 (To be Continued) 11 Ord #6940-02, - Annexation Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant Ridge Estates Subdivision in Section 24-29S-15E) (John L. and Linda W. Blechschmidt) ANX 01-12-31 04-04-02 Commission Agenda.doc 1 Revision 1: 4/3/02 12 Ord # 6941-02 - Land Use Plan Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant Ridge Estates Subdivision in Section 24-29S-15E) (John L. and Linda W. Blechschmidt) LUP 01-12-31 13 Ord # 6942-02 -Zoning Atlas Amendments for 2119 Pleasant Parkway (Lot 5, Pleasant Ridge Estates Subdivision in Section 24-29S-15E) (John L. and Linda W. BJechschmidt) LUZ 01-12-31 14 Ord #6943-02 - Annexation Amendments for 1725 West Manor Avenue (Lot 36, Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc) ANX 01-12-32 15 Ord #6944-02 - land Use Plan Amendments for 1725 West Manor Avenue (lot 36, Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc) LUP 01-12-32 16 Ord #6945-02 - Zoning Atlas Amendments for 1725 West Manor Avenue (lot 36, Clearwater Manor in Section 06-29S-16E) (Robert and Marilynne Van Scoyoc) lUZ 01-12-32 17 Ord #6946-02 - land Use Plan Amendment for property at 565 Sky Harbor Drive from Residential Office/General to Institutional (Parcel of land lying within the SW1/4 of Section 17-29S-16E) (Excel Realty Trust) LUP 01-12-09 18 Ord # 6947-02 - Rezoning for property at 565 Sky Harbor Drive from Residential Office/General to Institutional (Parcel of land lying within the SW1/4 of Section 17-29S-16E) (Excel Realty Trust) lUZ 01-12-09 19 Ord #6948-02 - Land Use Plan Amendment property at 520 Sky Harbor Drive from Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in Section 17-29S-16E) (Clearwater Mall LLC) LUP 01-12-10 20 Ord #6949-02 - Rezoning for property at 520 Sky Harbor Drive from Institutional to Commercial General (Portion of Tract 1, a Resub of Baskin's Replat in Section 17-29S-16E) (Clearwater Mall LLC) lUZ 01-12-10 21 Ord #6956-02 - amending the operating budget for fiscal year ending September 3D, 2002, to reflect increases and decreases in revenues and expenditures for the General Fund, Special Development Fund. Special Program Fund, Water & Sewer Fund, Stormwater Fund, Gas Fund, Solid Waste Fund, Recycling Fund, Parking Fund, Administrative Services Fund, Garage Fund and Central Insurance Fund, as provided herein; providing an effective date. 22 Ord #6957-02 - amending the Capital Improvement Budget for the fiscal year ending September 30, 2002, to reflect a net increase of $162,633 providing an effective date. 04-04-02 Commission Agenda.doc 2 Revision 1: 4/3/02 CITY MANAGER REPORTS CONSENT AGENDA (Items # 23-35) The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. 23 Approval of Purchases per Purchasing Memorandum: 1 Purchase four (4) Flygt pumps for $82,649 from E K Phelps & Company. (PUIWPC) 2 Purchase contract renewal for gas materials-meters & regulators during contract period May 2, 2002 through April 30, 2003 of 2001 bid for $150,000 from M T Deason Company Inc. First renewal option of 2001 bid. (CGS) 3 Purchase to replace five (5) 2002 Toro Z Master riding mowers with attachments and three (3) 2002 Toro 3280 Groundsmaster riding mowers for $82,378.47 from Wesco Turf Supply. (GSS/FLEET) 4 Service contract Cellular digital packet data service,during the contract period March 1,2002 through march 31, 2004 for $120,000 from Allte!. (PO) 5 Service contract relocation of library furniture and materials for $67,500 from Professional Movers, Inc. (LIB) 24 Approve $30,000 to fund City portion of a design and transportation planning services contract for the Gateway area, as the corridor to downtown, in the Downtown plan. ED 25 Authority to settle the worker's compensation claim of Claimant, Alan Mazurowski in its entirety to include medical, indemnity and attorney fees for the sum of $135,000. FN 26 Authorize lease purchase of capital items that cost $50,000 and under without a separate authorization from the City Commission as long as they meet the lease purchase requirements, purchasing standards, and are approved in the budget. FN 27 Approve the second and final one-year extension to the Agreement with Bane of America Securities, LLC to serve as the City's financial advisor. FN 28 Award contract to Heavy Duty Lift & Equipment, Inc. in Buford, GA. for the purchase of two(2) surface mounted 75,000 pound capacity Omar Vega 340 portable lifts at a cost of $121,000 and authorize financing under the City's Master Lease/Purchase Financing Agreement, in accordance with Sec. 2.564(1 )(d), City of Saint Petersburg bid #7511. GSS 29 Authorization to institute legal action against a private slip tenant, LeBron Free at Island Estates slip #140, to recover past due rent and remove boat from slip. MR 30 Approve the expenditure of $90,000 from Recreation Facility Impact Fees for the construction of a dog park at Crest Lake Park. PR 31 Approve Work Order for $132,840 to Tampa Bay Engineering, Inc. (TBE) to conduct site assessment and remediation activities at the "Former Clearwater Seafood" site located at 37 Causeway Boulevard. PW 32 Approve Work Order to Parsons Engineering Science, Inc. to provide engineering design and permitting services for the Palmetto Street Improvenlents Project for the sum of $126,989. PW 33 Appoint Commission members as representatives on the Regional and Miscellaneous Boards.CLK 34 Appoint Kathy Milam to Community Development Board - Alternate Position ClK 35 Grant of Easement, The Grand Belagio at Baywatch, LTD., section 20-29-16E, sanitary lift station easement. CA OTHER ITEMS ON CITY MANAGER REPORT 36 Res #02-21 authorizing the Mayor, on behalf of the Clearwater Police Department, to execute the "Tampa Bay Regional Domestic Security Task Force Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding" allowing voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and operational assistance by and among participating law enforcement agencies within the State of Florida to promote domestic security. PO 37 Res #02-22 authorizing the Mayor, on behalf of the Clearwater Police Department, to execute the "Statewide Mutual Aid Agreement" allowing for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted: PO 38 First reading Ord # 6984-02 approving new gas utility rates to become effective for all billings on or after May 1, 2002. CGS 04-04-02 Commission Agenda.doc 3 . Revision 1: 4/3/02 , ~ . . , . '.' ' .' ~ . . . . ... . . ., .., I ~,:,' , \. ., ' 39 First reading Ord #6918-02, revising Appendix A, 50/0 increase in Occupational License Fees, Code of Ordinances. DS 40 Approve contract, Wolverine Property Investment Limited Partnership, a Delaware Limited Partnership, to purchase a portion of the Northeast 1/4 of the Southeast 1/4 of section 8-29S-16E, a/kJa Friendly Village of Kapok Mobile Home Park for $7,200,000 plus estimated environmental site assessment costs of $5,000, a current boundary surVey at $2,500, estimated 2002 property and personal property taxes of $39,500, title insurance and other closing expenses of $76,500, for total estimated transaction costs of $7,323,500. PW 41 Approve Work Order with Parsons Engineering Science, Inc. of Tampa, an Engineer of Record, for the design and permitting for the Kapok Wetland and Floodplain Restoration Project in the amount of $315,136. PW 42 Approve the advance of $5000 to HDR Engineering for the funding of Friendly Village of Kapok Mobile Home Park operations upon purchase of the park by the City, per the operating procedures as set forth. FN 43 Approve a contract to purchase real property legally described as Lot 1 , The Clearwater Collection Second Replat, according to the plat thereof, Public Records of Pinellas County, Florida, commonly known as 21870 U.S. Highway 19, from Home Depot U.S.A. for $3,925,000, authorize acceptance of the deed. PR 44 Two (2) Parks & Recreation Board Appointments elK 45 Other Pending Matters CITY ATTORNEY REPORTS Resolutions First Readings 46 Other City Attorney Items 47 City Manager Verbal Reports 48 Commission Discussion Items a) Transportation Impact Fee Update (Gray) b) Request to attend Tampa Bay Partnership Leadership Conference (Gray) c) Cleveland Street Rail Road Crossing (Aungst) 49 Other Commission Action 50 Adjournment 04-04-02 Commission Agenda.doc 4 Revision 1: 4/3/02 . Note: eRA Agenda pack is .. kept separate. . . NOTE: 04/01/02 PRELIMINARY (WS) AGENDA & PAPER WORK. THAT WAS IN PACKET INITIALLY BUT THEN NOT CONTINUED ONTO THURSDAY'S COMMISSION AGENDA IS AT THE . BACK OF THIS . AGENDA PACK. . . . , . ':.,' ,.:,. , . !To" '" . . ... . , 'f"'.~~':'''''''':.'..i. ~., ,,~"~~":J<~' .. :.: :' . .. .. I ',' '. ,o, ' '. .........' " ' 'J ' " t , " \ f ..'," - t', ... I ' , . . .,.' " L .. . .' -: .. ~ r: 11 , . . , , : . . . - : ' ,t ~ I . 2nd Readi ng 1 ORDINANCE NO. 6932-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO RESIDENTIAL RENTALS; CREATING ARTICLE 3, DIVISION 23, COMMUNITY DEVELOPMENT CODE; PROVIDING FOR APPLICABILITY; REQUIRING OCCUPATIONAL LICENSING FOR CERTAIN RESIDENTIAL RENTALS AND PROVIDING A FEE THEREFOR; REQUIRING LOCAL REPRESENTATION FOR OCCUPATIONAL LICENSE APPLICATIONS FOR RESIDENTIAL RENTALS; REQUIRING THE FILING OF A RESIDENTIAL RENTAL COMPLIANCE MINIMUM APPLICABLE STANDARDS FORM ACKNOWLEDGING RECEIPT OF NOTICE OF CERTAIN HOUSING AND DEVELOPMENT STANDARDS; PROVIDING FOR INSPECTIONS FOR COMPLIANCE PURPOSES AND FEES FOR PROPERTIES NOT PASSING INSPECTION; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REVOCATION OR DENIAL OF OCCUPATIONAL LICENSE; AMENDING APPENDIX A, CODE OF ORDINANCES, REGARDING OCCUPATIONAL LICENSE FEES; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is advisable to provide for occupational licensing for residential rentals, as defined below, including the rental of single-family units, and to establish a system whereby rental properties are certified as meeting certain minimum housing and Development Standards, and to provide for additional inspection and enforcement proceedings and revocation of occupational license in the event of noncompliance with these provisions; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Article 3, Division 23, of the Community Development Code of the City of Clearwater is hereby created to read as follows: Section 3-2301. Applicability. This Division shall be applicable to the rental of all attached dwellings, detached dwellings, dwelling units, and accessory dwellings, as such terms are defined in Section 8-102, within the City of Clearwater, but shall not apply to hotels, motels, resort condominiums, transient apartments, roominghouses, resort dwellings, or bed and breakfast inns as defined in Florida Statutes Section 509.242, nor to manufactured housing as defined in Florida Statutes Section 320.01 (2) (b). 1 Ordinance No.6932-02 l.'.....t,.~:!;..'-.~ '~J:' F,"':' :'",1'....1;.. ...~''".t...'':::.,. ....:l't:'.,~... :~ ,'", ~ ""...., .~.:.....,~~....~;.),..I,.,,...,~:.';?..~', ' ~!.~t.~.~,'. .t, '~.__...,,".;.:....~..~...,~,:'/."..',,'.. "~,,,:,..:J ~'.~ Section 3-2302. Occupational licensing required. An occupational license shall be required for all rentals set forth in Section 3- 2301. Licensing procedures and requirements shall be as set forth in Code of Ordinances Chapter 29. The fee charged for such occupational license shall be as set forth in Code of Ordinances Appendix A, Division XVIII. Section 3-2303. Local representation for occupational license applications for residential rentals. Occupational license applications for residential rentals shall include a local contact or representative. Such contact or representative shall maintain a current working local telephone number and current local address, not a public or private post office box, and provide notification thereof of any changes to the city within 30 days for a physical location and telephone number within one of the following counties in Florida: Pinellas, Hillsborough, Pasco, Manatee or Sarasota. Section 3-2304. Residential Rental Compliance - Notice Requirernents of Minimum Applicable Standards Form acknowledging notice of housing and development standards. Each owner of real property to which this Division is applicable shall receive notice of and shall file, with an initial occupational licensing application or, for existing licensees, by October 1 of each occupational licensing year, a notice requirements of minimum applicable standards form with the Development Services Department acknowledging receipt of housing and development standards contained in Section 28.82, the Standard Housing Code, as adopted by Code of Ordinances Sections 49.01 and 49.02, and the Development Standards, Divisions 8, 12, 13, 14, 15, 18, contained in Community Development Code, Article 3. Section 3-2305. Inspections; Noncompliance Inspection Fee. Complaint-driven or inspector-initiated inspections of properties subject to this Division shall be conducted by the city to ensure that such properties are in compliance with the provisions of the Standard Housing Code and the city's Development Standards; provided, however, this provision shall not be interpreted as authorizing the city to conduct inspections of properties without the consent of the owner or occupant or without a warrant. If the inspection of a property reveals violations of three or more of the provisions of Section 28.82, the Standard Housing Code, or the city's Development Standards contained within Division 8, 12, 13, 14, 15, and/or 18, or a combination thereof, this may trigger a code inspector's request with the consent of the owner/occupant or designee, for an inspection of the interior of the property and/or a random sampling of the properties involved which may include multiple units. For inspections involving multiple units at one location and upon consent of owner or designee or issuance of inspection warrant, a random sampling of the properties will be inspected as follows: . 1 - 4 units, all units . 5 - 10 units, 500/0 of units 2 Ordinance NO.6932-02 ,~., . y... '. ; ,. _,' .,' ..',. "\ t ,"" . , :,:' , \ It ~. 'f.' , , · 11 - 29 units, 200/0 of units · 30 - 49 units, 150/0 of units · 50 or greater, if one location, 50/0 of the units with a maximum of 20 units In the case of 50 or greater units, buildings/developments if the inspector finds one or more, major, life safety or habitability violations in 50/0 of the units, the inspector may ask to see more units up to a total of 1000/0 of the units in the community. The Development Services Director shall assess a noncompliance inspection fee of $50.00 per unit inspected per re-inspection if any violation still exists after allowance of a reasonable time period for compliance. Section 3-2306. Penalties. Failure to obtain or maintain an occupational license as required by Section 3- 2302 or failure to maintain a property in compliance with the code requirements set forth in Section 3-2304, shall subject the violator to enforcement proceedings and penalties in accordance with Article 7 of the Community Development Code and with Code of Ordinances Section 1.12. The provision of this Division shall provide an additional means of enforcement, but shall not prohibit the city from taking enforcement action under other code provisions. Section 3-2307. Revocation or Denial of occupational license. In addition to the enforcement proceedings and penalties provided for in Section 3-2306, failure to comply with the provisions of this Division shall be considered just cause for denial of the issuance of an occupational license for the subject property, and for revocation of an existing occupational license pertaining to the subject property in accordance with the procedure set forth in this Section. Prior to revocation or denial, the city manager or his/her designee shall issue a Notice of Revocation or Denial notifying the residential rentaUicensee of the city's intent to revoke or deny. The Notice shall be sent certified mail, return receipt requested, to the last known address for the residential rental licensee. Within ten calendar days from the date of mailing of said notice, the license shall be automatically denied, revoked or nonrenewable, unless the residential rental licensee files with the city clerk a written statement setting forth the grounds for an appeal. Upon the filing of such written statement, the city clerk shall notify the city manager, who shall schedule and conduct a hearing before the city manager or designee within 30 calendar days from the date the written statement was filed. The residential rental licensee shall be given written notice of the hearing by certified mail, return receipt requested, and shall have an opportunity to present evidence, cross examine witnesses, and be represented by counsel. The city shall have the burden of proof by a preponderance of the evidence, and the city manager or designee's decision shall be based solely on the evidence presented at the hearing. Within ten calendar days of the hearing, the city manager or designee shall file with the city clerk's office and serve on the residential rental licensee a written decision containing findings of fact and conclusions of the legal basis for the decision. The decision shall become final unless, within 30 days of the date the city manager or designee files the decision with the city clerk, the residential rental licensee files a 3 Ordinance No.6932-02 petition for writ of certiorari in the circuit court for Pinellas County. The filing of a pleading seeking judicial review shall automatically stay the revocation until judicial review has been exhausted unless the city obtains injunctive relief. Any residential rental licensee who has had an occupational license revoked or denied under this Section or under Code of Ordinances Section 29.41 shall not be eligible to submit an initial or renewal application for license to conduct residential rental business on the subject property in the city until one year has expired from the date the license was revoked or denied by the city or, if an appeal is taken while the business continues in operation, until one year from the later of the date of the last decision or order affirming the revocation or denial or the date the business ceases operations in compliance with the decision or order. Section 2. Appendix A, Code of Ordinances, is amended to read: * * * * * XXVIII. OCCUPATIONAL LICENSE FEES: * * * * * 91.000 RENTAL, UNITS (1-5) (2 or more) ..................................27.50 Plus, per unit over 5 ............................................... 1.55 * * * * * Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING March 21, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor -Commissioner . Approved as to form: Attest: Cynthia E. Goudeau City Clerk . Leslie K. Dougall- s Assistant City Attorney 4 Ordinance No.6932-02 Second Readings Item # 2--, 3-; zt" ~ I q J }O Annex, Land Use Plan, and Zoning Atlas Amendments for 1328 Woodbine Street (lot 17, block B of Pine Ridge in Section 1 0-295-1 5E) (Liberian A Miles) To Be Continued . . 't; qj )D . ":. \......': T."':,... .,'" ,. . '.~ ,~"'>~,.~'\".l';"f"'" ~ "1,,-". .,..t....._ I :.' .\.~ .,.....~..',..'~.,.,~. '~:,'.,. ,.:"', :""-_ \<,~, ....:..--.f.. ORDINANCE NO. 6940-02 - -----.- 2'd Reasng 11 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF PLEASANT PARKWAY, APPROXIMATELY 400 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF LOT 5, PLEASANT RIDGE ESTATES SUBDIVISION IN SECTION 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2119 PLEASANT PARKWAY, 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 cpplicable 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, Pleasant Ridge Estates Subdivision, recorded in Plat Book 53, Page 71. Public Records of Pinellas County, Florida (ANX 01-12-31) Section 2. The provisions of this ordinance a-e 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. Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance. including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING March 21. 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6940-02 ..~ . ," ' ,', ..,..... . ".... /: .': .~,.: ,I,',' . '1(: ' ,':1' J "" ' II I' LM D"R U~J1\/E.=-Sil':' :::r\/'/E3V.:TI-i -'- ----._-.--*-~ - .~._.. 1'/ .. , ., .. "j a e::: :,'{;'J ..:l n._':~'J_, ....... ,.~. " ....'.', ,,',- .---..--.--.- -'" -... >- a DRUIDf ~ o z c.f. ~ L.... ',' ..~ PARK ,-.. (5 c 3: ;/1' ----. -.. G LE N .;..:,';; '; I I I , ~ ~ : 'j i ; .:.; 0 q I 1~: ',5 ,:.; i ;':'~:~lt,) cl _1 <:), ~.! :OJ! ' 3' .oJ ~ I .::' ,'1 .~: ~ ~ "'r ; .... i ~~ ! 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CASE: ANX 01-12-31 SITE: 2119 Pleasant Parkway PROPERTY SIZE (ACRES): 0.48 F~OM: TO: Zm41NG R- 1 1 County LMDR ! P '-AND USE Ro)sldentlal Low 3. Proserv;Jtlon "IN: 2.t/2l)/1SI72144/000/0050 R9s,d~nti;J1 Low S. "rij!HU'/;J\lon ArlA.3 PAGE: JOSB Exhibi t "A" Ordinance No. 6940-02 . _ ' . I " ; -.. ' ., ,..,~' ..': * .~... fo II , . ,,' , :\.;, , ,f " ~ I . , , " .,...'.. . ".". ~. .' . ../,',. ".' ':; .. :., ~ '. ORDINANCE NO. 6941-02 2nd Reading 1)- " 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 WEST SIDE OF PLEASANT PARKWAY, APPROXIMATELY 400 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF LOT 5, PLEASANT RIDGE ESTATES SUBDIVISION IN SECTON 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2119 PLEASANT PARKWAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW AND PRESERVATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 5, Pleasant Ridge Estates Subdwision, recorded in Plat Book 53, Page 71, Public Records of Pinellas County, Florida (ANX 01-12-31) Land Use CateQorv Residential Low and Preservation 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. 6940-02, 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 9 163.3189, Florida Statutes. PASSED ON FIRST READING March 21, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Appr ed as to for : ,( - Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6941-02 ~' '. .. . .: I':" I _ ...... J .' : ~ . . .. . . ~. " : ,,,' ~. '_,' I" .",." , " * '. OWNERS: John L. & Linda W. Blechschmidt SITE: FROM: TO: DRIVE i\ I"- DRIVE . I I ~ "- ~~ t'- l'- "- t'. ~ ,...-, I //\\ I --~ rT--~~-l -nu I I I I I I ~I I I I I ! I I I ~. I DRIVE: I IINS Rl I -' 8VRNIC[ OHlvE ~- 0 I ~~ :\: I ( I' I \1 I '/ RE rBECCAO IRIVE .. f- ~i ,I / -. .........., ~ ..- ... '.~~ 1.J tlu a:lD~ .......~;f.f~b ~ 11 I I I I i I I I I I I I 1 DRIVE ~ I r' /'" ~ RU .~ ~ BELL CHEER c;qlvE 2tEh ,<NO" :"vE ,-1--.... 3", '.' ,:~. ;;7gr;u ' ~ : , I I I I \ I I I I DRIVE ~ .L '- ~~,-I~ ~'. ~ I j 1 / ~ I .I LEES COURT K' L ..rl. A A' -~ A ~-- 'l PARKWAY ti A A A." RL L .. A 1 - - I \ ~'\..,I\....r \ -''-' J: : I: : WATER ~.~ U IA L . L'0;-^-^-''-^^ ::: *" / ^ A ^ A \~: --.-_.~.--....=--;.. --^-^-^-^-^-~ .. A A A L ~~~ -~ -- l" rv\l~ - ~ ' A..... P.l A A A c:: ':A' ,.......j... __,_^..^./,.-^--fl_^-'".-^....A.../'....AJ f-{ DORADO PLACE 1A'Al A'A1A"AA " ilL I .. ...~AR. . " "- I I I lJ I I I I ~ Inr. ~ 1'- , , J , A A A.... . W 1 > , a: A A A' -_....,.._ a 1 A ,\ RU 1 __h"__"j~/ ~~, '" /-11 VIOLA I ,.....' . I: . . : . OAK GROVE I R~ ... RH~ ~ -c AAAA..A. R/as A.."..A' ~RH - ~JAAAA ...., .--- - -- \/. I I I , ., A lo_ /'.' ... .A A A I 1 ~~ ~^ ...-ft1 ~ IN.. - COR~ T LANE -I---- RO w :> a: 0 V" "- ~!J, >- ; INS en en < ~ w '-~ " \.lLA , -~ - .flU -I---- f--- - I--~ lr C rh, DIPLOMA. DRIVE - L--- C .-- -J ~ ~ R1 tii _ _ 5 -c u w a: ~~ ~ ~ ENVOY COURT I u COUNTYWIDE LAND USE PLAN MAP I CASE ANX I SIZE (ACRES): FUTURE 2119 Pleasant Parkway --I PROPERTY _-L_ LANO USE 01-12- 31 0.48 ZONING R- t / County LMDR PIN: 24/29/15/72144/000/0050 Rellidenlilll Low / Procervatlon ATLAS PAGE: 308B Residential Low / Preservation Ordinance No. 6941-02 ~ ~ o a: "- "- ; I t... "- .... ...... ~ ~ ~ 1::1 ~ ..." ~ ~ . , ' \ ,.' ~, .: 4 ~ ," . 'I \'~ ,. .. " I ' .' '" ", '\ " . ~ ~ \; j. ~. I ',' ,,:'.:,,' " ; \' ,'..'. . i' ORDINANCE NO. 6942-02 2nd ~ Reading 13 7 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF PLEASANT PARKWAY, APPROXIMATELY 400 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF LOT 5, PLEASANT RIDGE ESTATES SUBDIVISION IN SECTION 24, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 2119 PLEASANT PARKWAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR) AND PRESERVATION (P); 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 5, Pleasant Ridge Estates Subdwision, recorded in Plat Book 53, Page 71, Public Records of Pine lias County, Florida (ANX 01-12-31) ZoninQ District Low Medium Density Residential (LMDR) and Preservation (P) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6940-02. PASSED ON FIRST READING March 21 , 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall- e Assistant City Attorney Cynthia E. Goudeau City Clerk Ordinance No. 6942-02 ,'/1,1. " 110. i 1 f(' J 1 1/ ~ . 1/,) .""'L M D"'R U~JIVERSI fY O/\/'/E sou TH "" .. i- 1 1 11',1.11 t .' . , a ~ '-.. .110'/ I . ! ~ ,: _ __ _. . j ..: o.J_ . o 0:: >- W .-J 1111 o o o :; '--_.___~___4._'__ -...... j. i I : GLEN ;:., ':. ;-;: 11: ~ i ! _. I I _ 'I ' I I.. 1 I iO I '] 1 '::" I 1 I 1 I' '" ., l' I I , i .:l I ' () ~ ^'i ' " "..,, 'I 1.) I ,s;? , ;:; i ,~ I t'C I ;11 -:, '.:'. <";;' '-J - \ .'1 I :.: ' " , ::: ::: I .., , '" ' .: -___.. .1._.~.L____ J. ._.__~ ___._~~~__n_l____~_!._.__ ~"J____~~____':~L_ ~~_~__~~__ E , '! >- Cl i ~ DIRUID~: ~ " 0 2 PARK -'~ ,. ~:..; C "I :'; z BURNICE DRIVE .., -: .:.'1.... ..=-::.: 7 .~ i I I \ I .~ -.j \ . . - i--~l-I- ~----T- ~ 1,---- ~ ---~1-'-;-~T--.~ ---~-r-.-~.-~l-~ '" i ' 2\j I '"'1 ;:; "I <;J I ~..... <;j I ~ \' ~ I' N I I, \ " W . ''; I , '.1 I '''' I ES T AT S ' 'I, F ~ IL. "'/, .:.U 1 .~1 I,..... ,;" "'4 I'~;; :.S'.o I:': 128 79 ; ..... ! ~ 0- . i. - - "-./ ~-3 A ~. . - Wi : E I ' I @iB~;1f1bJ BEfLJ ~HkE 9 ~BB {L_:..r!lc~,:~,IE~_~ ,: 121 33~701 3 ~ ~ ls~ ~ADD. g ~ <;j '" L ~ . ..._1 N I ~ I Cool ~ J,;j I ~ ~ Nl "I .C\1 BELL CHEER - DRrVE . 1209 I.. '..:l 6 ~ ,- >- ~ ::> lD ~ W l- Z <( () .- ~ l~ 1"- i 2 I __ -- r-- .. I c-, -.., ~I :-- ..; .... "I CO) lI) "'":-1 I:, ~o-to 13.1 I 15.1 1'] '.1 C) 1 -~ 123./ -49'-::16 2111 "0 r rrI :> CJ) :> z. -i. 12-11 1250 L S ;f.J'i .~ :.: .l: w 12/03 . p \ C) iu_ R/W 5ZJ5-16G7 , C7~t~\ (I ;:i) 11/01 ~.-- . , ;07';-~:;C5 .11/02. 7:J o J :::: N i THIS IS IIOT A "j : ~'yRVEY . - LAKEVIEW ROAD .~IRCI- "-to"- PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNERS: John L. & Linda W. Blechschmidt : CASE: ANX 01-12-31 _______4__.___.~,___.______._.. __._______ ,_____ -.~---------------- 2119 Pleasant Parkway : PROPERTY SIZE (ACRES): 0.48 , SITE: ---- .._- ..--- -~_.__.- ------- -_._----- ._.._-,_._._~~--~--- _.__..--------~----_..._. ------------ FROM: TO: ZONING R-I I County LMDR a p LAND USE Residential Low .1 Proservatlon I PIN: 24/29115172144/000/0050 Residential Low ,3, Pro5ervation ATLAS 3088 PAGE: Ordinance No. 6942-02 -, ..,,'. ...., " J" . .', ,.... . . \. .... :.. . . ~.' " .:. .:' '. '\'" 1 ,.' . ':.,.'..:'.' ~,~. ,_' . .. ~'" ~. '. . ~ I ~ #" . ,i,' I' . I) '. '.';./' . /" . .' . ,', ' , ..~ ORDINANCE NO. 6943-02 2nd Re~ing IY AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF WEST MANOR AVENUE, APPROXIMATELY 200 FEET NORTH OF SOUTH LAGOON CIRCLE AND 100 FEET WEST OF RAGLAND AVENUE, CONSISTING OF LOT 36, CLEARWATER MANOR, WHOSE POST OFFICE ADDRESS IS 1725 WEST MANOR AVENUE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUt-DARY 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 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: Lot 36. Clearwater Manor, according to the map or plat thereof as recorded in Plat Book 41, Page 66, Public Records of Pinellas County, Florida (ANX 01-12-32) Section 2. The provisions of this ordinance are found and determined to be consstent 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 p-operty. The City Engineer, the City Clerk and the Planning Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County. Florida. within 7 days after adoption. and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING March 21. 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commis.sioner Appr,oved as to farm: . \ P. I )(, ,I .," ,~ / !kl-M I ( ..iX", li(i <Ir(! - .. .') ( \ . Leslie K. Dougall-~des Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6943-02 . . ; . '., r~:' . ,.' " .. . . l ' " .' I .' PROPOSED ANNEXA TION AND ZONING CLASSIFICATION Robert & Marilynne VanSCOYOC I ~,,~\;! ,,';\4' ~~ I : ~~~ (- G l;f, ~ (,0 . - - -- -- --1.____~_____.___ _._ __J CALUMET STREET 'I': '.c ... C\J .----.-----i I I I I I I IRTcI , HUNTER: BLOOD I CENTER! I I \.;.P. 3":6'::-3.~.; \:1 r:: ,~j':c-l:~:-.: 175') , ...., U.P.A.R.C l.inl'ited Comm('r(,~<ll Per C P ,.1. ..Jet WT1. 05/08/:)0 <t<; '-, <Ie I ". " 1716 :; Train In.q #48 Office 1.3 . TI 0 N (4) 1700 Firp. Stat ion -hOGAN STREET 'i;~~.::,~i:g~'(~,\Y~~.;~~~\~?l{.:< ;:~r I ... ~ I(J ~ -,' "-.t ."'. ,."".;,1,....,. ,.v.../ ~ ~ ~ ~ ~ ;:;"ifJjji~~i)~~g.KI iNN N " N:m :tJl:~:~;;;:;':.1 ;:~~ !ty,;,;,:,,:,:(,:;;;~.;};,:~ _ _ _ i:;~ ~ ~'.::::i ;.::y;....:::...>:.~~'~.:::>::::.::~.< r ~ N ~ 12 5 OWNER: 1 SITE: ;; ~ C t: ~ FROM: 1725 W. Manor Ave. -:- - ~I J; :1; ,.-..--- --- .... I ~.. ~ !7U:- I , _ _ ,,:,;{htl~c... _~ , f.1.. I f' ., , o ~C~!7;1Y~.;'1 <{ I 2I~ o 1__ ~__.L~5.U a:, a: L S_~"'~h!~~~::~ w :r: u -l W ill " .~ ':" , ,-.. . ',: . " .-. -. , P" :~ i:; " ' . ,,;. 76 1'\,.,\. .. ':6 : , '''J<~~ ~-;)Yh__h !.:;;o - ,';-.;.: .... -..'" - . hRAGLANDf 75 ) :. ; .. ....':~_:~_. '-'---'.. C~'.'~_'!Z~?"___.I'. 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'0' , ",~53G .::.u : a:! 6E -- .-- --- ~~n'Y";"'- 17::.' ~ \17:;5 o --;g :; C i : ,- i ~ .- 1 i C :) Ul ~-77::'oJ I. \ 1721 ~.~ I" v ::-::01 !17.?! 5 31 Jj 1M fi';Rt"'64 32 ~I I - - .~ ,,- 'I 00 =~ ;1711 ~;IV-";: ;1711 r:<" I .... . 1 .... . U : -=---- -- -_! ~'-~:_; ~.. ~-::-~--l '~..j~ I =-=~-=r'_ I ro.:o: l~i5._.1 .---- --I''''~-'1 , .~.... I-------:~-' I " ".":' , ~.~ ., _.u I q; ...:' "I , S LAGOON f2 "I "'I ;~ c:: "J <-I 'I ~.:::. ,....~, 11~ 1 N I -- I ~: i...J NI ~I ~i ;: :; (\j ~ ~ I ~i I ~J I ;'11 ~; C\l : ~ll :'. I ('II 1 1.."1 ! ":'<; I r.,) C\l I >. ".... -:, ! 1,-- ..... 1 1 r::. r, I 1 c:. q . Ie..., ,c_ i 11::;'\ i' _l. .1'-0 'J\~ I \ ~':-:\ I .. I (-;:-\ "-' -' (-;--1' , ',:,-' I \~I I I,' / .. . ~. ,.~-./'~..:..:...~.>',., .: '..' ............ ., "':4.. \ ';: <<.~r': - .~:~: 'l...:.::~$';.:.:.."; \Ajff.:~~~r;:~ l~.\: '\ '...'..';'.. \\V'~+: .~\ d'. d.' ,I ....:~~~:.;;~ . II.~"''''. ':0: ::!:"::i>i.:':- ,,, ~'.. I THlS.JS Nor A i I !E.URVEY ,;-: ,., '::2 ,/O 1 2 le::5 lei ~....! <,;;1 . ; SALVATION ARMY ,t:1 t~ . j 't; "1 i CASE ANX ,-- ----..--------- i PROPERTY SIZE (ACRES): I 01-12-32 ,--- 0.15 ZONING ---.,-------.----------------.-------,--- ---------...:.----- .------- ~------- - '.--'.7--' -,.--.------.-.-..--~--..-' LAND USE Rosldonll:ll Urban : PIN: 06/29/16/16506/000/0360 i R.3 / County ~ TO: :1 ::S w LMOR R&sldf)ntlal Urban I ATLAS 263A i PAGE: Exhibit A Ordinance No. 6943-02 .... ,,', ,. '.~ ~ ,t. ~"""'::r.;.>,;;,,.'M.'..~~, ....., ::.'.,..... .' ....-:'. ITEM # 15 ! -. _. t :~:":! ' j.'.,.' " ' :.-~.!~...'. :r......>.F./';~..~: ';,-" j<g 1 J <'. .... ~ ...... .....'.. t. .. ;..,i: ,: .;,'. <~.; ....;,..;;,;'::.:...' <.;;'-'';::'~ .~:~((/~.:,,~:~'''> ~:..;~ ~~}I-i{ , '.. . " ,.....~. . . '~ '> ',. , '.' I ,...., \' , . .' ~ - " .. I.~,. . . . . , I' 'f . , .",' . I ' 1 ~ j QRDINANCE NO. 6_944-02 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 WEST MANOR AVENUE, APFROXIMATEL Y 200 FEET NORTH OF SOUTH LAGOON CIRCLE AND 100 FEET WEST OF RAGLAND AVENUE, CONSISTING OF LOT 36, CLEARWATER MANOR, WHOSE POST OFFICE ADDRESS IS 1725 WEST MANOR AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. 2nd Reading J S <1 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 herehafter described property, upon annexation into the City of Clearwater, as follows: Property Lot 36, Clearwater Manor, according to the map or plat thereof as recorded in Plat Book 41, Page 66, Public Records of Pinellas County, FIC?rida (ANX 01-12-32) Land Use CateQorv Residential Urban 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, cortingent upon and subject to the adoption of Ordinance No. 6943-02, 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 9 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED March 21, 2002 Brian J. Aungst Mayor-Comm issioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6944-02 ,', 'J"', '~", . ", ,/ ',.,' " .. ,If ,.... I , ..~. ',1 '~l, . 'I "I'" ..'~ ~,,-:.l ... " - .a, ''','';. t . ",,' "': :/, f;. '" : ~'..';. -'1"1' '- '-, "-, '\. " ' "~ "- ",,-. ,~ ",-"" ~' 1""- ~ '" "- "- "- ~ a: "- "- " "- " DRIVE t-- II L \/~ N~ .~J~ I r;;i.~ u;;r~ .... /1 N v~= ~ 'l(:j ~ .-., B , -..-:-- w RL J' > ~ =/--.. :} 3:::W R ~ ~^' \ ~" ~ ~'\:-= LAGOON .~ i~ I I ~L I I I ~~, E1Qj]J ~IIJ %g []jI] ~ gi II ~ \ II MANOR I'\. RU ~hL 51 ~u w tel ~ ~ "-~ ~ :]"~- ~ IRUI I I ALBfHGHT I ....L I IRU,/ lJ~''1E ---- -1- - ~ ! w'- ~ i ~_ --- 0'--- w > ~ o w > ~ o - - R RO RO - - W l- i- -l U1 0 ...J c:: I :;: :::> V1 ." Z ;; ... ~- w (I] w ... ... -l ...J V1 ;if- l:l w f---- 1- VANOER81L T I I 1R[ BLVD l?- :I;? ~~ w > <( I\U n__. ~ ., z -RU- ~ ~ ~ f2 ~ -RU' .J . II " .Rt- -, ~ JilT X" .Jll!.. RL "- '-.S- "f-^Rp ~ .. ~ ~ l(l ai M o ... ~ S2 o OWNER: SITE: FROM: TO: a: 0 RL.o w 0 a: [ill w > a ...J 0 CIRCLE ~wl : . ~ . 1-;-~1 ___---+.... .____________._____._ ____ _. ,_._.n._ _ --. .- :." '. ~ ')1 j..~-;r_ 1 -,''-'.-.-~._.',,_\.........--~,..:._._-'....... '.... -' ~....' I . , L, 'R 'OG . . ~',--, ~. ,-. /. ~ ~. ~ -~ ----. .---- ~-_.l-_ RE ,,[ " v, ...:....(r - ,"., ~ ~. '- ~ .---- I., _L_ ____ '.~ ,......~.~.'-'.'-"~.'--'.~'~.~.~ -- -l I ~~:5 5TI.~~~1-= 0 ~r-- u:' w==-'L- .- _c ~ ~ 1 ~ ,-,'.... 1-- ~ _ ----1-_ 0: ~ Co.. c: . ~ RU R(] ,,,,,,,'-..,'-J- -=-~ _ _ t- __ ~ Z RU - ~ 3 ~?~l-- -~ ~JL 10ER8~IT DR &h T'I"LT I , I I --;- ,. a: q W . I ... i ! F .... - r-: : . '" -.. ~.. ~~~:re~.. /1 f- _____\- . ..,:' ~) ~. RE r--.... - I c,,(,;) . If~' ~;J~ I r..-lf~ I \ \i, ROAD - 1 Ii .~- " . ", E )1 W ...J ...: >- P I I -J\../~ ~',--,~' 1--''--''-'', I I I CRIVE Rp I I I / / <. ",,'" ..;)" .<,'i' ~,J "'0 "'10 / RE r.:.t..PBF:LL I RE ~\"'~1 ..... I ~ ~ / - STAG \ @~~ ~\ RL ~I i:l o ... o a: w W .J WETHERINGTON I 1 1Q 1\ COUNTYWIDE FUTURE LAND USE PLAN MAP Dc:! ) / P/ I ~ASE ~~ 01-12-32 SIZE (ACRES): 0.15 Robert & Marilynne VanSCOYOC 1725 W. Manor Ave. ZONING R~3 I County LMDR I L:~ 06/29/10/16506/000/0360 I ATLAS 263A ! PAGE: -I PROPERTY I LAND USE R9111dontlal Urban Re.ldontlill Urblln Ordinance No. 6944-02 : . .,.. . . , . ~, , . "I ~.' . . ~,_ . ,'~'. .., . " . '. ' '~ ... 'j' (. , I ;, .,'~' \', . . .' " ,) . ' " ." "~ ORDINANCE NO, 6945-02 2nd .... Reading ID Jft. 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 WEST MANOR AVENUE, APPROXIMATELY 200 FEET NORTH OF SOUTH LAGOON CIRCLE AND 100 FEET WEST OF RAGlAND AVENUE, CONSISTING OF LOT 36, CLEARWATER MANOR. WHOSE POST OFFICE ADDRESS IS 1725 WEST MANOR AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE 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 36, Clearwater Manor, according to the map or plat thereof as recorded in Plat Book 41, Page 66, Public Records of Pinellas County, Florida (ANX 01-12-32) ZoninQ District Low Medium Density Residential (LM DR) (ANX 01-) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No, 6943-02. PASSED ON FIRST READING March 21, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: .1 'I V I ..,. ..' '.. .'-::1..../ / ,/; ,/ ,,'. .'" (" , f;:;:>( . ,I,.' ..' L -, Leslie K, Dougall-Sif;j s Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6945-02 I I d'/;\'~! ~~~ I C0 :0": ----.,-. CALUMET -, ;; I ;"~i~ ,~~~ i"~ (,~ ," _-l STREET .... '..c ;;; IRF --. I HUNTER: BLOOD : CENTER! I J ~ 3.l62 - .;~~ _ \. .:~ :~- !~::3 f75l) - ", U.P.A.R.C /.tmtt~d Comm"TC~al Per c.P,1. Act10n 05/08/90 ~<I ......<; e I 'I) ~ ~, I "- "- ;,16 .~ Tmining #48 Olfief? 1.3 . TI 0 N (4) 1700 Fire Stal"ion -.hOGAN STREET ~~i~;~~~l~~i~?!~ I ~ ~ ~ ~ ~ ." ..." ".,..".>1- ,~,':\)~t.. ..j f688 :,:,:;~~':>~~~f~~'~??J~J I f6St, ":~~;:':4.,j;'~~I; 4.,':\S' ....j,'i~:~:;2':.:~J I ~~~~ i l~l~lr~jifillij!~;j - - - - im ~ ("II S2 l"'- e ;; " -,. J~. -. f,\ 1.----.-- Irt""!l 1,57: I ~ ,'(~ \.._";!2;~~ .....-:-.; I . '. 1 o I COLin'T,~ -: A' ')<d I .... _I ~ 1 o 1_---1J:5L; 0::1 a:::: wr I ui d ~ t q 1~ nl ~ (I) L"';~4 1 ~ _~.173~ ~ ~-- : "".:0 .- I 17,'J_J~ r: -:."':: l- ~---) ,'7"':1) , 2,='~ I ! IC~ j7~~ O~ JI,J -''''. '.' '-';L I U1 ---;,:::1\ 1716 c:: .31 () - ~ , . ~"- ... I~ .-::, :<::: :$ ,"'I "I ~ i 65 ~164 I I '..:' 0_: -: r.I.,;, : ~?. ~ " '.,' ~':;_:-;.;.;;j .-/', .. /J-." -- . -' I l(.J.I~~----a~- i-:>', / " 5,1; ~ i i ~' ~t-/~'-.': ~.; .::./ a:: 1:-1.': ~_ 1,_< ~.., o ._.. ... 17.101 ~.:....:....-_~u...j-/\, ,-' ZI/.~J l W ~ 100 <{ "'. ,i~; L).., ::::5 I ::> I -',' 'y _/.~ /? *1., :::: ~ j.~_ 7: ':-:.JI'Jir:f ~o.'" AI:." ' ! ,-. : ~ I W _ ,(j ~.~. ~. ',' .11 4 .. ! .:-:;~~ S6 I ~. _.::: .' 7;~1 e'/ $ 1737" .f'J~~,; f';'"76; ~2---~! ~ iJ,.;3~ . '_' : ' . . 1 c::: 1~:J3 11',:?-'/ ,:-.r:..~ I 17S2,1 Oz: {':-.'}3 :: W - .. .... .. ..' l2:'.~~ r'o "-'81 d : '7 ,,~ ";;;;~';~ )g ....-"6-. i <{ ..::~ -.II' 25.... ..~ .:: ! c:: - . .LMDR .--- :,7,"5 .........r :7;1.1: - I ~.<: I .::'0 I 1721~~ I.. 1720 i fi17 I c~~~ 1'716 \ (. .~ /:- . " ;"'i,j , , . ' , . . .' ,. ;-,,'..: . 1:- -:.; . .. , ~. .;.', ' ir; ,'j -: j ::.. 1-::',1 ' W'I;')1 ::> z W > <{ .:. -: 7 i-; lU : 17.I'J . ..1'" -=- "J "< ,....... ~ ~ "II (,n o~ "II .\..:..- ": S LAGOON " ., . ~'/ ,-- --- -----...--- , , ......J.;- -,.,.. ". .: i ,. :':- I~) f'\.. \ r',; 1 <~':Q._.~/~"r--- -;::~,j- '-RA-CLAND~ 7<; \. :''':: .. '_. CT ),~~59 . . ,> :'..: .. ~ . "'::-.... ---------J. ~ .': 4' / . , - . I oJ ,/.... ... I ,- . :. - ~'''~'',' 1'15 I 1/7 21 ~:: '" , '- ~ 107 I 117fl t 1710 ~l .... ~ 'J'll ~l ~I ... 'N ':\1 ~ N :-,; ~ll ~ :;\J :\1 :\1 :\1 :;\J :;\J :\II . -'~ I C\l 1631 1 ~- 160 1:::'0 I Ie..:: I ....,~ I 161 ~ - I (;J) @! -~ ( 'G\ '- '_/ I l;'l r-. ~ 'T ., I '10: ?- '.::1' v..b ~. ''::1 .1,)1 ro., -1"1 -1"1 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Robert & Marilynne VanSCOYOC SITE: 1725 W, Manor Ave. ZONING R.3 1 County LMOR FROM: ~ TO: ;; :'f U ~ W r-::= ~ I SALVATIO~ AR r\JI Y 0- PROPERTY LAND USE Resldonflal Urban Residantlal Urblln .. - ..'",.- ~...-..~. ~.":""4...;.r,,; -=."1': '.'~~"':\;'~:-'- , < .....'..~t<.'-'~'.;. -,{ :;,;~' ; I.' .... ';;.i~:-""~,,, ~~; . . ;~~~:~.,:.,:':':<~~'.; ,'.'" _.4. ... 1'1' ':':."\~"V'~:<:::':~ .'..'".. ~~-- (t...,' .~. ::... ';~':2j,i::::: ';GO! ,:,:~,,".i',.-..... J\t.::::,I\;"'~<;~/,:};{~):,~~ \ "\ ,\0.'''' ....' \... .. . .., . ~... . "..... . - """"""'~ ; :.~~; \\;::' ;~::;~:;:. .~. .::~: -~ :e' ~ I :.~ \:"" '...:..:..': - '"- / ~',,,: 1/ /' ::~-:~~:j9ii;;:t; :-rHrSISNOTA 1 ! ,::';:.1.1',*.':'''''''''' I -'UR'..;v-, . ~ .'11 . ..".....:. -.' . H" 'I .., "',~'."" '.' , !.. ..... ,'; I: ~ ; -: ; \:".-:-' .' . I I CASE ANX SIZE (ACRES): 01-12- 32 0.15 ~IN: 06/29/16116506/000/0360 ATLAS 263A PAGE: Ordi~nnce No. 6945-02 , . ~ . ... I',. ~" . " 0 " I " . '.',' " l '0 '~~ I' . I ",' f ,~ . "',.' ~, , , !'.. 'J. '. ' '. ~ I. ORDINANCE NO. 6946-02 2nd Reading ''l ( ( AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF SKY HARBOR DRIVE, APPROXIMATELY 520 FEET SOUTH OF GULF TO BAY BOULEVARD, CONSISTING OF A PARCEL OF lAND LYING WITHIN THE SOUTHWEST ONE-QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 565 SKY HARBOR DRIVE, FROM RESIDENTIAUOFFICE GENERAL (R/OG) TO INSTITUTIONAL (I); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use CateQorv See attached legal description From: Residential/Office General (R/OG) (LUZ 01-12-09) To: Institutional (I) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3, This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes, The Community Development Coordinator is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING March 21, 2002 Ordinance No. 6946-02 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: 1 (/' Brian J, Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No. 6946-02 t EXHIBIT "A" LEGAL DESCRIPTION: REZONING PARCEL A A parcel of land !Ylng within Soufh. Range 16 East, Prnellas described os follows: the Southwest 1/4 01 Section 17, Township 29 C 0 u n I y , F lor Ida , bel n 9 mo r e par I I cuI 0 r I y . C OtJMEN CEo f the Sou the a s t cor n e r oiL 0 I I, A RE SUB OF BAS KIN'S R E P L AT. 0 S r e cor de d ,n P lot 300 k 24. po g e 42 0 f I he Pub I I eRe cor d S 0 f Pin e I I as Co U n I y . Florida, some olso being Ihe South...est corner 01 Lot 2, SOld A RESU8 OF BASKIN'S REPLAT, some also being the Southwesl corner of thaI cerlain property as des c r I tJ e din 01 1 i C ; o! R ec 0 r d ~ Boo" 4 I 28 , po gel 796 0 f the Pub I I eRe cor d 5 0 f P,nellcs Coun1y, F'lorlda: thence S39001'06"E, along the South line 01 said Lot 2 ( bel n g the bas I s C f be 0 r I n 9 S lor I his leg a Ide s c rip t Ion j. some 0 I sob e I n 9 I he Sou t h I i n e 0 f s a Ide e r I a I n pro per 1 y 0 s des c rib e dIn Of 1 lei al R e cor d s a oak 4 I 2 's . page 1796, ~or 95 78 feet I~ the Southeast corner of said certain property os descr .bed In Of1ic;01 Records 800k 4128, page 1796. some also being the .POINT OF 8EGINNING: thenc,e cor.tlnu~ 539001'06"::, olong SOld South line of L.ot 2. for 391 .63 fee~ ro ~he Nor lneost :orner ot Sr~Y H!.R80R ::S7ATES CO?POR!:.-iOr--.: CONDOM I N I UM . as r e cor de din Con d om I n I urn Pia I 800 k I 3 . p age 99 eft he P U D I I C Records of Plnellas County. Florida: thence leaVing SCld Soulh line of Lot 2, S5005S'54"W, . clong the North line of SOld SKY HARBOR ESTATES CORPORATION CONDOM I N I UM, for 2 I 4 , 52 fee t : the nee I e a v i n 9 so i d Nor t h I i n e 0 f SKY HARSOR ESTATES CORPORATION CONDOMINIUM, N3900"OS"W. for 124,68 fe~l: thence NOOo 13'59"W, for 342.46 teet to the POINT OF BEGINNING, Con 1 0 i n I n 9 55, 379 s q U Q ref e e tor I, 27 I ocr e S, mo reo r I e S 5 , Err 0 r 0 f c I 0 sur e: 0 004 fee t ( L C S ) . ,.' '. f .. f . ~ , .... , , .. ~.'" . , 0 , ' I' . . . - o \ .., / CG I INf CJ CG JUt R/OG ... .------ RH r: , ~ ~ ~ en ... ~ ... ~ t: ... o r ~. N '; ~ VI :2 " c :!J OWNER: SITE: FROM: d: TO: 1 ~ RM COUNTYWIDE FUTURE LAND USE PLAN MAP New Plan Excel Realty Trust ,Ine.! Clearwater Mall, LLC. 565 Sky Harbo"r Drive CASE: LUZ 01-12- 09 PROPERTY SIZE (ACRES): 1.27 ZONING o LAND USE Residential/Office Gonersl In8t1tutlonal ATLAS 300A PAGE: PIN: 17/29/16/00000/310/0200 Ordinance No. 6946-02 ... .. . \ ," ", 0 . " '. 0, j . I 1 ~ . " f ,~ . ~, ,. > I' . ' . . . 0..". ',. , ' ., . ' ,0 .,' ORDINANCE NO. 6947-02 2nd Reading l~ I ~) AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE EAST SIDE OF SKY HARBOR DRIVE, APPROXIMATELY 520 FEET SOUTH OF GULF TO BAY BOULEVARD, CONSISTING OF A PARCEL OF LAND LYING WITHIN THE SOUTHWEST ONE-QUARTER OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 565 SKY HARBOR DRIVE, FROM OFFICE (0) TO INSTITUTIONAL (Q; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is . found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoninq District See attached legal description From: Office (0) (LUZ 01-12-09) To: Institutional (I) Section 2, The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation set forth in Ordinance 4946-02 by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163.3189, Florida Statutes. PASSED ON FIRST READING March 21, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J, Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Si e Assistant City Attorney Cynthia E, Goudeau City Clerk Ordinance No, 6947-02 E.."<HIBIT "A" LEGAL DESCRIP1l0N: REZONING PARCEL A A parcel 01 land lYing within South, Range 16 East, Plnerlos described os follows: 1he Southwest 1/4 of Secllon 17, Township 29 C 0 U n t y , F lor Ida. bel n 9 mo r e p 0 r tiC U lor I y COtvtv1ENCE 01 the Southeast corner of Lol I, A RESUB OF BASKIN'S REPLAT, os recorded In Plat Sook 24, page 42 of the PubliC Records 01 Pinellos County. Florida. some olso being the Southwest corner 01Lot 2. SOld A RESU3 OF BASKIN'S REPLAT. some olso being the Southwest corner of that certoin properly os descrltled .n Otticlol Record~ 30010. 4128. pog~ 1796 of the PubliC Records o~ PIn e I I c s Co l.: n 1 y. ;: lor : do: I hen c e S 390 0 I '06 II E, 0 Ion 9 the Sou t h I i n e 0 f s 0 i d Lot 2 ( bel n 9 1 h e bas I s c f b ear . n 9 s lor t hi. S leg 0 Ide s c rip 1 Ion), some a Iso bel n 9 the South line 01 SOld certoln property os described in Official Records 800k 4128, P 0 9 e I 796, for 95 7 S 1 e e t I ~ the Sou the 0 s t co r n e r 0 .1 S 0 ide e r t 0 i n pro per t y 0 s described In O~f:CIOI Records 300k 4128. page 1796, some also being the POINT OF BEGINNING: th~nc.~ corat Inu~ S390QI'06"E, along Said South line of ~ol 2, for 391,53 fee: :0 ~he Nor :neost ::orner 01 s~~y Ht.R80R =:S7AT:::S CORPORt:.-iO/\ CONDOM I N I UM, Q S r e cor ci e dIn Con d om I n I urn Pia 1 800 k 13, po 9 e 99 c f i he P u 0 I I C Records of Plnellcs County. Florida: fhence leaVing SOld South line 01 LeI 2, S50058'54"W. clang Ihe North line of SOld SKY HARBOR ESTATES CqRPORATION CONDOMINIUM. 10r 214.52 feef: thence leaving said North line 01 SKY HARBOR ESTATES CORPORATION CONDOMINIUM, N39001'06"W, for 124.68 fe~f: thence NOOo 13 I 59"W. 10 r 342.46 fee 1 tot he PO I NT OF BEG I NN I NG, ContOlnlng 55,379 square feet or .271 acres. more or less. Err 0 r 0 1 c I 0 sur e: 0 004 1 e e t ( L C S ) ,., , " ." . , . ' " ' I' ",' ' , .,' " . \ ...~. <:: i2~ ~ \, ~IV~ \'\1 "- J~,70-~7i 1}!'6~-17~ dUTPARCELS 1113-+ 60 I ~ I !, r~ I '" ,', ", i 1..::/(." 1. I ~.:: ' ..... U'I '.:: I, I I' ("', ;:"~ '"'J __., ; ___. ___ ~--l ',l, :~; , -:::.~. 'r: ~ ('. -. ~'r.. ~ ,-, - C- I. "J I :,:,,) ~9T:.t- ','{?i' tic~'.J -':67 GULF TO SAY BLVD. r:: '0 ,,""; " c \,~ I:, ,... C L .:). ,~, G u' S. R. 60 c In C \D U1 ~ r-. ,,~ CnEARWATER ijOR~~k\[~C. :5 ,L 10\ '1''3 16-:-42 I (-r; I I I BAS KINS I I <." ~ - TIIRU- "'1 rTHISJS.JI:lf!..~ -\ , SURVEY I .----- w > n::: a t(~ (' t~ ClJ 31/01 I FIRE STATION (5) #491 IlS 5.'20 I~ SI(.L~~~ I~ 5Z'; >- ftTf! Eriur;f)./tnn I~ . BIHlrling (/) i6G ---___ II \ I C---J / ...., 28 ---I I ~ I I I I \ \ \ I \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ,\ \ \ .. , \ \ \ \ \ , \ \ \ \ \ \ 60yside 250 i 535 150 I f] LLS I~'~lt~ I~ '--' ", f.: __-oJ \ '" ~ 6 .1 'T 11 7 ;------- --- ----- ---- - --_. ~ REPLAT'~,~~- -------- ---- ---- --- " / ,,/ - - - /' I' 9 c RES DB. 38 3.. ')0 ...~ 16 ' 30 31/02 36 '.' . . .', ...-.. ... ...... i u ::E ::E a. N I() ~ N o ~ o t gi N ": i 'tJ C ~ ::> PROPOSED REZONING OWNER: SITE: FROM: TO: a: ! ILl AND LAND USE PLAN AMENDMENT New Plan Excel Realty Clearwa tar Mall, LLC. 565 Sky Harbor Drive I CASE: LUZ SIZE (ACRES): 01-12-09 1,27 Trust, Inc, / rPROPERTY LAND USE Residential/Office Gonoral Institutional I I PIN: 17/29/16/00000/310/0200 r ATLAS 300A I PAGE: I ZONING o Ordinance No. 6947-02 . ' ~. " , "I \ ',: . " I.', " ~ . .. I \. 0 . .,' , .:.. I.' ' 0 . ~ '~'.,. ~, ,0 '. ,~. '.: ~ .. ".,0 .' ~ ORDINANCE NO. 6948-02 2nd Reading I q t3 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF GULF TO BAY BOULEVARD AND ON THE WEST SIDE OF SKY HARBOR DRIVE, APPROXIMATELY 1,690 FEET EAST OF U.S. 19 HIGHWAY NORTH, CONSISTING OF A PORTION OF TRACT 1, A RESUB OF BASKIN'S REPLAT, WHOSE POST OFFICE ADDRESS IS 520 SKY HARBOR DRIVE, FROM INSTITUTIONAL (I) TO COMMERCIAL GENERAL (CG); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property land Use CateQory See attached legal description From: Institutional (I) (LUZ 01-12-10) To: Commercial General (CG) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to S 163.3189, Florida Statutes. The Community Development Coordinator is authorized to transmit to the Pine lias County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING March 21. 2002 Ordinance No. 6948-02 , . '. \::. :". " PASSED ON SECOND AND FINAL READiNG AND ADOPTED Approved as to form: '.~ Brian J, Aung~t Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 2 Ordinance No, 6948-02 . " '. ,'.','.. :~, ' . I . LEGAL DESCRIPllON: (SEE DATA SOURCES 2) Po r ce I VII: TRACT I, A RESUB OF BASKIN'S REPLAT, AS RECORDED IN PLAT BOOK 24, PAGE 42, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, LESS AND EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND RUN THENCE NORTH 89046'011 EAST, ALONG THE EAST-WEST CENTER LINE OF SAID SECTION 17, 415,0 FEET: THENCE SOUTH 0021 '2S1 WEST. 50.00 FEET: THENCE CONTINUE SOUTH 0021'261 WEST, 4S9.02 FEET FOR A POINT OF BEGINNING; RUN THENCE NORTH 8904S' 141 EAST, 192.95 FEET; THENCE RUN SOUTH 69041'361 WEST. 206.20 FEET; THENCE RUN NORTH 0021'2S1 EAST, 70.79 FEET TO THE POINT OF BEGINNING. PARCEL VIII: BEGI.N AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 O~ SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND RUN THENCE NORTH 89046'011 EAST ALONG THE EAST-WEST CENTERLINE OF SECTION 17, 196,80 FEET: THENCE RUN SOUTH 01021'261 WEST, 50.0 FEET TO THE NORTHWEST CORNER OF LOT 2 OF A RESUB OF BASKIN'S REPLAT. AS RECORDED IN PLAT BOOK 24, PAGE 42, PUBLIC RECORDS OF PINELLAS COUNTY. FLORIDA; THENCE RUN SOUTH 01013'591 EAST, 398,23 FEET FOR THE POINT. OF BEGINNING: THENCE CONTINUE SOUTH 010131591 EAST. 70.79 FEET; THENCE RUN SOUTH 89046'141 WEST, 193,69 FEET; THENCE RUN NORTH 69041136' EAST, 206.21 FEET TO THE POINT OF BEGINNING. ~"".. ...\k!;:"f I' I ~ \ '. . ~ I ~ " '. ~ l.'..~.. j" . ,~ .', ~, ' , ~ ~':. . .' R/OG -T~o).- .- CG I [] CG RM e ., .........-...- RH 19 CG RM COUN'TYWIDE FUTURE LAND USE PLAN MAP OWNER: City of Clearwater SITE: 520 Sky Harbor Drive ZONING FROM: I TO: C CASE: LUZ 01-12-10 I PROPERTY SIZE (ACRES): 3.688 I LAND USE Inst! tutlonal PIN: 17/2G/16/03006/000/0100 Commercial General ATLAS 300A PAGE: Ordinance No. 6948-02 , . ' '. ;, . .. ' ,'.. 0.'" \ . 0 " .' ;. O' . .. . , .. 1- I . . I' '. .; "'.0', ~., . . '" 0 . ' . ~ ,.'. 1 ~ . (~irOr!1t~ Id!lnrif;(lIti~n W~I!d\'lide :i..~r. nO~lgn SiiJn El1qinp.~r;ng Site SlIr'IBY Permit Acquisition Pylon Signs Wall Signs Bocklil Awnings ~ THOMAS SIGN & AWNING COMPANY INC. March 15, 2002 City of Clearwater , Cyndi Tarapani, Director of Planning 100 South Myrtle Ave, Clearwater, FL 33756 Re: Res~bmittal of Drawings, Renderings, Photographs, etc, For your review and approval of the shopping center Signage request from The Sembler Company 2 9 2002 Formerly Clearwater Mall U.S, 19 @S,R, 60 Clearwater, Florid~AR Dear Ms. Tarapani, PRESS CLERK I ATTORNEY We are resubmitting the subject documents, for your review and approval. We have illustrated signage that is proportionate with the sizes of the stores, The illustrations show a large store example, a medium size store, and a regular size store. These illustrations represent an accurate cross section of the retail mix within the shopping center, and for that matter, the City of Clearwater. Also submitted are drawings of Freestanding signs, that are well .llano Monufa.cluring_ . designed, and tied in architecturally. with the proposed re- .' "'. ..'-"" " developmenfof Clearwater Mall. We have gone the extra mile to I n ~ I 0 II 0 Ii 0 n also show the signs superimposed onto the actual road frontage of U.S. 19. The viewing distances are noted, as well as the height of Chonnel lP.llers the U.S, 19 overpass, at given points, Vacuum Forming Dlgilol Sign Design Four Color Fi'jCI15S I : .~ j i '.:,.'\' 1 '.1;. ',' Just as a matter of further information, the height of the U.S. 19 overpass that crosses over S,R. #60, is 30' - 6" from the ground to the top of the guard rail. Please call on any questions or ideas that you may have. ! Sincerely, ViL-f. Ct:y4:.J ~. ! Paul A. Taylor, --- (/2- cc Greg Sembler. and files ....; . .:<'. <. ..' '. '-. " ' '. . .... : .... '. ", . ".'. ",', ". '.' 800:52..6.~3'J25 ','>72 7.5.73 :'7,75:7..... F-AX. 72,7~ $?'3:cO~28 :"'. :\' .:.'..' . ..' : .".' ~ .... . ':--., ' '..~ '. :.:' '.:;'.'" 4590 n8TH AVENUE NORTH · CLEARWATER, FL 33762 r':.--....... ......... ~ ."..~. '-... . 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ORDINANCE NO. 6949-02 2nd Readl'ng- ~O l'f AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF GULF TO BAY BOULEVARD AND ON THE WEST SIDE OF SKY HARBOR DRIVE, APPROXIMATELY 1,690 FEET EAST OF U.S. 19 HIGHWAY NORTH, CONSISTING OF A PORTION OF TRACT 1, A RESUB OF BASKIN'S REPLAT, WHOSE POST OFFICE ADDRESS IS 520 SKY HARBOR DRIVE, FROM INSTITUTIONAL (I) TO COMMERCIAL (C); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoninq District See attached legal description From: Institutional (I) (LUZ 01-12-10) To: Commercial (C) Section 2. The City Engineer is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adopti01, subject to the approval of the land use designation set forth in Ordinance 6948-02 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 requiremerts of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to 9163,3189, Florida Statutes. PASSED ON FIRST READING March 21, 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall- I as Assistant City Atto ey Cynthia E. Goudeau City Clerk Ordinance No. 6949-02 .; ....'. '., ". ~. ,: .. .., . . , ~ ." . ': " . : '. , i.,. ~ ~. ~ ~ LEGAL DESCRIPTION: (SEE DATA SOURCES 2) Porcel VII: TRACT I, A RESUB OF BASKIN'S REPLAT, AS RECORDED IN PLAT BOOK 24, PAGE 42, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LESS AND EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 29 SOUTH. RANGE 16 EAST, AND RUN THENCE NORTH 89046'018 EAST, ALONG THE EAST-WEST CENTER LINE OF SAID SECTION 17, 415.0 FEET; THENCE SOUTH 0021'268 WEST, 50,00 FEET: THENCE CONTINUE SOUTH 0021'268 WEST. 469.02 FEET FOR A POINT OF BEGINNING; RUN THENCE NORTH 89046' 148 EAST, 192.9SFEET; THENCE RUN SOUTH 69041 '368 WEST, 206.20 FEET; THENCE RUN NORTH 0021 '26- EAST, 70.79 FEET TO THE POINT OF BEGINNING. , . PARCEL VIII: BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST AND RUN THENCE NORTH 89046'01- EAST ALONG THE EAST-WEST CENTERLINE OF SECTION 17, 796.80 FEET: THENCE RUN SOUTH 01021'26- WEST, 50.0 FEET TO THE NORTHWEST CORNER OF LOT 2 OF A RESUB OF BASKIN'S REPLAT, AS RECORDED IN PLAT BOOK 24, PAGE 42, PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE RUN SOUTH 01013'59- EAST. 398.23 FEET FOR THE POINT OF BEGINNING: THENCE CONTINUE SOUTH 01013'598 EAST. 70,79 FEET: THENCE RUN SOUTH 89046' 14- WEST, 193.69 FEET: THENCE RUN NORTH 69041'36- EAST, 206.21 FEET TO THE POINT OF BEGINNING. 'l'~ O~ ~ r-..... r-. t\1lF) t\1 6663-17'; ~% If) t;) 1'.... "J(n <:) :? ~j 2J ,/02 -. -. .... I I ... ... c::: ... OJ ~ l' /- :\1 ."-/ 33 60501-1B51 c 0 0 c '0 r- <V S. R. 60 .0 a .;:: tf'l ,n ___ ~,'I.,__~'~~.(~r_~,~",~_-:~L__ ....---___--~ e ." - - _ .<." Non_t...t\v~\~.." '-------- OUTP ARCEL 1 1 3 PARCEL "e" P ...'ReEL "D" I F~ .\I\CF-L "C o ,., l'. "I 6 0 I ,I.i 7 'J'-J f- ..-' GULF TO SAY SL VQ, C_' '0 ::~Hjd- :')/ o 0 U} .n .....c I .. I . I (5) #49~ iii 520' Fire' Sta.t ion. 524. Fire f.'d1Lcation, B1Lildinyl . 0 If) 10 1'- "I I I BASKINS................. ...... ........ --.............., . I, ... ......... ..... ....... ......... .......,............. I REPLAT...., .........5:: . 6.... ..... C') ~ - TJ/RU- "" 31/02 3570-877 .. ~ l' ~ 31/01 4 c .; I r.............c........ . .. ...... ~ : . 2 .-...----------- ----- ----- ---(5 ')8' :M';~D' "fR" r~ <. '. ','; . . J:...: .' -..'....... I " RESUB~" "~'~'.'.. .", /! .' I / .,'39 I I I I I I . , I ',37.: I I \ ., "." ;4_~~:f.~~~~~6", . \ \ ',.' . \ \ "0'" ,,"- ... \ \ , \ '.~.., \ \ ~ ....... \ ..... ! : \ : . , :35; 1 r . I I , I I '....; I I I I I I .....4. . , --... ' ...: :: :..... - "- r ,,""-___ .... --- ---. ...-------- ---- ---- I .- , . . . . , . , . ~ , . ': 16.~ '.......' 250 r...................................... ..... . Bayside .' Nursing Pavilion '. ~ 44 ,........... ...., . ,-lC:; , PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: City of Clearwater SITE: 520 Sky Harbor Drive CASE: LUZ 01-12-10 PROPERTY SIZE (ACRES): 3.688 FROM: TO: ZONING I C LAND USE Institutional PIN: 11/29/16/03006/000/0100 Commercial General ATLAS 300A PAGE: Ordinance No. 6949-02 ~ " ' ' ". I i ~ ... \.. . . . t, ' " ., " '.,.' \ , , ,'" '~ J ' I.,,' , .,' 4 . . .' '., 't ORDINANCE NO. 6956-02 2nd Reading .r'J I I [; 0'\ AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE OPERATING BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002 TO REFLECT INCREASES AND DECREASES IN REVENUES AND EXPENDITURES FOR THE GENERAL FUND, SPECIAL DEVELOPMENT FUND, SPECIAL PROGRAM FUND, WATER & SEWER FUND, STORMWATER FUND, GAS FUND, SOLID WASTE FUND, RECYCLING FUND, PARKING FUND, ADMINISTRATIVE SERVICES FUND, GARAGE FUND AND CENTRAL INSURANCE FUND, AS PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE, WHEREAS, the budget for the fiscal year ending September 30, 2002, for operating purposes, including debt service, was adopted by Ordinance No, 6842-01 ; and WHEREAS, at the First Quarter Review it was found that increases and decreases are necessary in the total amount of $7,025,172 for revenues and $5,630,732 for expenditures; and WHEREAS, a summary of the amended revenues and expenditures is attached hereto and marked Exhibit A; and WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1, Section 1 of Ordinance No, 6842-01 is amended to read: Pursuant to the Amended City Manager's Annual Report and Estimate for the .fiscal year beginning October 1, 2001 and ending September 30,2002 a copy of which is on file with the City Clerk, the City Commission hereby adopts an amended budget for the operation of the City, a copy of which is attached hereto as Exhibit A. Section 2, This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED March 21, 2002 Brian J, Aungst, Mayor-Commissioner AP~rove~ as to orm: p ~1~J\ Pamela K. Akin, City Attorney Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6956-02 '<;0," . '.~;.- . '~:. .;.' ~~ :~:.' .". ",_ .,'~' '/ ,1 _",: " ~ . t , -" ..'. I ' ~ - a', "'.. ' , ' :' . EXHIBIT A 2001-02 BUDGET REVENUE First Quarter Original Amended Budget Budget 2001/02 2001/02 Amendments General Fund: Property Taxe, 28,115,300 28,115,300 Sale. Tax 12,850,000 12,850,000 Franchl,e Feea 6,858,720 6,858,720 Utility Taxea 10,798,580 10,798.580 Llcenaes & Permits 3,182,360 3,182,360 Fine., Forfeitures or Penalties 1,525,880 1 ,525,880 Intergovernmental Revenue 9,417,060 9,417,060 Charge. for Services 2,002,500 1,988,060 .14,440 U.. and Sale of City Property and Money 1,240,860 1,240,860 Miscellaneous. Revenues 309,290 322,620 13,330 Interfund ChargeslTransfers 11,696,090 11,701,230 5,140 Transfer from Surplus 313,000 605,440 292,440 Total, General Fund 88,309,640 88,606,110 296,470 Special Revenue Funds: Special Development Fund 19,549,560 19.930,834 381.274 Special Program Fund 2,901,160 5,816,778 2,915,618 Utility & Other Enterprise Funds: Water & Sewer Fund 44,760,020 44,784,020 24,000 Stormwater Utility Fund 5,646,780 7,012,890 1,366,110 Solid Waste Fund 15,817,300 15,947,300 130,000 G8I Fund 28,384,970 30,040,060 1 ,655,090 RecyclinG Fund 2,357,140 2,320,140 .37,000 Marine and Aviation Fund 3,372,530 3,372,530 Parking Fund 4,204,720 4,204,720 Harborvlew Center Fund 2,396,670 2,396,670 Internal Service Funds: Admlnl.tratlve Services Fund 8,066,680 8,059,610 -7,070 General Servlco, Fund 3,240,040 3,240,040 Garage Fund 8,983,680 8,983,680 Centralln,urance Fund 14,353,620 14,654,300 300,680 Total, All Funds 252,344,510 259,369,682 7,025,172 Ordinance #6956-02 < .' . . '. " " _, . " , , ..' . . . ' , "'. l , EXHIBIT A (Continued) 2000-01 BUDGET EXPENDITURES First Quarter Original Amended Budget Budget 2001/02 2001/02 Amendments General Fund: City Commission 270,400 253,780 -16.620 City Manager's Office 783,380 783,380 City Clerk 1.293,480 1,293.480 Development Services 2.858.860 3,022,760 163,900 Economic Development 961,240 1,436,470 475,230 Finance 2.046,660 2,046,660 Fire 15.502,390 15.502.390 Human Relations 488,430 488,430 Human Resourcos 1.131.250 1.131,250 Legal 1.259.130 1,147,120 -112.010 Library 4.541,310 4.541.310 Marine & Aviation 507,390 507.390 Non-Departmental 2.773,590 3,285.360 511,770 Office of Management & Budget 267,020 267.020 Parks & Recreation 14.745.550 14,745.550 Police 27.868,810 27.882.140 13,330 Planning 1.749.960 1.025,830 -724.130 Public Communications 910,400 895,400 -15.000 Public Works Administration 8.350.390 8.350,390 Total, General Fund 88,309,640 88,606,110 296,470 Special Revenue Funds: Special Development Fund 18,646,110 19,027,384 381,274 Special Program Fund 2,806,160 5,721.778 2,915,618 Utility & Other Enterprise Funds: Water & Sewer Fund 44,760,020 44.784,020 24,000 Stonnwater Utility Fund 5.646,780 6,453,630 806.850 Solid Waste Fund 15.812,190 15,861,990 49,800 Gas Fund 27.168,920 27,921.110 752,190 Recycling Fund 2,357,140 2,320,140 -37,000 Marine and Aviation Fund 3,352,250 3,352,250 Parking Fund 3,119,220 3,274,920 155,700 Harborvlew Center Fund 2,396.670 2.396.670 Internal Service Funds: Administrative Services Fund 8.066,680 8,059,610 -7,070 General Services Fund 3,222,950 3.222,950 Garage Fund 8.983,680 8,916,530 -67,150 Central Insurance Fund 12.086,800 12,446,850 360,050 Total, All Funds 246,735,210 252,365,942 5,630,732 Ordinance #6956-02 , " , ,. " " ,', .''','' , . . .' 2nd Reading ~~d- /10 ORDINANCE NO. 6957-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE CAPITAL IMPROVEMENT BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2002, TO REFLECT A NET INCREASE OF $162,633 PROVIDING AN EFFECTIVE DATE, WHEREAS, the Capital Improvement Budget for the fiscal year ending September 30, 2002 was adopted by Ordinance No, 6843-01; and WHEREAS, Section 2,519 of the Clearwater Code authorizes the City Commission to provide for the expenditure of money for proper purposes not contained in the budget as originally adopted due to unforeseen circumstances or emergencies arising during the fiscal year; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA; Section 1., Section 1 of Ordinance No, 6843-01 is amended to read: Pursuant to the-First Quarter Amended Capital Improvement Program Report and Estimated Budget for the fiscal year beginning October 1, 2001 and ending September 30, 2002, a copy of which is on file with the City Clerk, the City Commission hereby adopts a first Quarter Amend,ad budget for the capital improvement fund for the City of Clearwater, a copy of which is attached hereto as Exhibit A, Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED March 21, 2002 Brian J. Aungst Mayor-Commissioner Approved as to form: ~Akin City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance #6957-02 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2001/02 First Qtr Original Amended Budget Budget 2001/02 2001/02 Amendments GENERAL SOURCES: General Operating Revenue 1,386,060 1,780,124 394,064 General Revenue/County Co-op 124,940 124,940 Special Development Fund 1,594,000 1,594,000 Community Redevelopment Agency 223,582 223,582 Road Millage 1,881,620 1,881,620 Recreation Facility Impact Fees 245,000 245,000 Recreation Open Space Impact Fee 600,000 600,000 Recreation Land Impact Fee 400,000 400,000 Transportation Impact Fees 290,000 290,000 Penny for Pinellas 5,586,800 5,968,074 381,274 Penny for Pinellas Bond -19,459,327 (19,459,327) Development Impact Fees 75,000 75,000 Local Option Gas Tax 1,750,000 1,750,000 Grants. Other Agencies 1,305,000 3,029,733 1 ,724,733 Interest . 30,925 30,925 Donations 5,000,000 5,035,000 35,000 Insurance Reimbursement 52,605 52,605 SELF SUPPORTING FUNDS: Marine/Aviation Revenue 470,000 470,000 Parking Revenue 306,000 306,000 Water Revenue 674,500 674,500 Sewer Revenuo 3,113,500 3,113,500 Water Impact Fees 220,000 220,000 Water R & R 2,108,000 2,108,000 Sewer R & R 1 ,484,000 1,484,000 Sewer Impact Fees 200,000 200,000 GaG Revenue 2,517,990 2,537,990 20,000 Solid Waste Revenue 515,000 515.000 Stormwater Utility 559,150 252,849 (306,301 ) Stormwater Utility Retention Rev 84,060 84.060 Recycling Revenue 225,000 195,790 (29,210) Grants 544,000 5,879.000 5,335,000 INTERNAL SERVICE FUNDS: Admin Services Fund 400,000 400,000 Garage Fund 165,410 98,261 (67,149) G.neral Services Fund 250,000 250,000 Ordinance # 6957-02 EXHIBIT A CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2001/02 Original Budget 2001/02 First Qtr Amended Budget 2001/02 Amendments BORROWING - GENERAL SOURCES: Lease Purchase 755,000 629,091 (125,909) SELF-SUPPORTING FUNDS: Lease Purchase - Sewer 59,400 55,480 (3,920) Lease Purchase - Water 29,400 4,400 (25,000) Lease Purchase - Stormwater Utility -306,301 260,331 Lease Purchase - Recycling 0 (151,440) Bond Issue - Parking 1,500,000 1,500,000 Bond Issue - Stormwater Utility 3,892,080 15,729,183 11,837,103 Bond Issue - Water & Sewer 17,631,830 17,631,830 INTERNAL SERVICE FUNDS: Garage Lease/Purchase 2,676,800 2,713,073 36,273 General Services Lease/Purchase 30,000 Admin Svcs Lease/Purchase 695,000 695,000 TOTAL ALL FUNDING SOURCES: 61,344,540 61,061,981 162,633 Ordinance # 6957-02 E ::J 'tJ C co .. o E Gl :e C) c Ui CO .c ~ ::J Q. 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" '~. .. ~ . ~ j (8 Clearwater City COlnmission Agenda Cover Memorandutn Final Agenda Item # (DI ~y, Meeting Date: April 4, 2002 SU BJECT/RECOMM ENDA TION: Approve $30,000 to fund City portion of a design and transportation planning services contract for the Gateway area, as the corridor to downtown, in the Downtown plan, ~ and that the appropriate officials be authorized to execute same, SUMMARY: · In 1995, the Community Redevelopment Agency prepared a Downtown Redevelopment Plan for an area that extended from Clearwater Bay eastward to Frederica Avenue. · Staff will be merging the ICOur Downtown" Plan, the Downtown Periphery Plan, and the Downtown Redevelopment plan and adding the "Gateway" area east to Highland between Drew Street and Chestnut. The updated Downtown Redevelopment Plan will also address the changes in the Commission's policies since the Plan's adoption in 1995 by revising the policies, land use potential and major redevelopment projects. · Design and transportation planning services are required for both the Downtown and Gateway areas. · The $30,000 cost is the City portion of a $60,000 contract for design services within the Gateway. The Gateway is outside the current eRA boundary and therefore services for this area cannot be funded by the eRA. The CRA will fund the additional $30,000. · Funding in the amount of $30,000 is available for the City's portion of this contract in the Non- Departmental program in the "designated reserve" established by the Commission upon the adoption of the 2001/02 budget. A mid-year budget amendment will transfer these funds from the Non-Departmental program to the Economic Development Department budget to provide funding for this contract. · These design and transportation planning services are related to: 1, Streetscape . 2, Wayfinding Signage 3, Waterfront Park on Bluff 4. General Urban Design Elements for the Downtown and Gateway 5. Evaluate and confirm land use potential and transportation network Reviewed b~ Legal rt Budget .....",.J Purchasing Risk Mgmt NA Originating Dept: Economic Development User Dept. r1.. J ~ onomic DeVf/op~CJ Costs $30,000 Info Tech Public Works DCMJACM Planning Total Funding Source: Current Fiscal Year Capilollmproverncnl Operating Other x Submitted by: l3iJJ ~ Cit Mana er Printed on recycled paper [&J None Funding Code: 010-09216-530100-552-000 . I t r i ITEM # 25 ,. .' ., /90( Clearwater City Commission Agenda Cover Memorandum Worksession Item II: (N d.. r:: .1 ,,) Final Agenda Item If Meeting Date: 04/04/02 SUBJECT/RECOMMENDATION: Request for authority to settle the workers' compensation claim of Claimant, Alan Mazurowski in its entirety to include medical, indemnity and attorney fees for the sum of $135,000. (&J and that the appropriate officials be authorized to execute same. SUMMARY: . On July 27, 1987, Claimant, a sign and marker technician for the City of Clearwater, sustained a knee injury at work that is the basis of his pending workers' compensation (WC) claim. As a consequence of the knee injury, he underwent multiple knee surgeries and has now made a claim for permanent total disability. The City of Clearwater dismissed the Claimant on September 22, 1992, and the Claimant has remained essentially unemployed since that time. . The City of Clearwater has a WC excess insurance policy applicable to this loss. If this request for authority to settle is approved by the City Commission and paid by the City, the excess insurance carrier, Safety National Casualty Corporation, will reimburse the City the entire settlement amount of $135,000, . The claimant is not receiving a City of Clearwater pension. " . Settlement of this claim is recommended as being in the best interest of the City by the City's Claims Committee, the Risk Management Division, Gallagher Bassett, the City third party administrator on this old runoff claim, and the City's outside counsel, Mark Hungate of the law firm of Fowler White. Reviewed by: Legal Budget . Purchasing Risk MgL IS ACM Submitted by: Bi,U ~ CItY Manager o Printed on recycled paper Originating Department: FINANCE I RISK ~AGEMENT Jon Marcin ~ User Department: \/'f(\~ Costs: $135,000,00 Commission Action: o Approved o Approved w/Conditions o Denied o Continued to: Total $135,000.00 01/02 Current Fiscal Year Advertised: Funding Source: o Capital Improvement: o Operating: o Other: CIF Attachments: Date: Paper: o Not Requlrad Affected Parties: o Notified o Not Required Appropriation Code 590-07000-545800-519-000 o None , ". A. ' I '" . r .. , I " , ' ,.. " . '..', '. .. '" I -.' '. " ", \ I, , ClealWater City Commission Agenda Cover Memorandum ~A' ~ Work Session Item #: ----L.'\I f:J Final Agenda Item # .;?~ Meeting Date: '-\~-4 \ bJ- SU B J Eel/RECOMMEN DA liON: Authorize the lease purchase of capital items that cost $50,000 and under without a separate authorization from the City Commission as long as they meet the lease purchase requi rements, purchasing standards, and are approved in the budget. 1&1 and that the appropriate officials be authorized to execute same. SUMMARY: . On September 7, 2000 the City Commission adopted Resolution #00-32, which approved Bank of America Leasing and Capital as the City's lease purchase provider. The agenda item cover sheet stated that the City Commission . would approve each specific item lease purchased. We are now requesting that only items over $50,000 be specifically approved by the City Commission, which follows the City's current purchasing procedure, Items $50,000 and under that meet the City's lease purchase requirements would be lease purchased without a separate authorization from the City Commission. This will make lease purchase approval levels consistent with the new purchasing levels and expedite the purchasing process. Reviewed by: n d Legal ..:J.E!:L Info Srvc N/A Originating Dept: Finance Kleinsorge ~ User Dept, Costs Total $0 Budget Purchasing Risk Mgmt ~ N/A Public Works DCMlACM Other Finance Funding Source: Current FY N/A CI OP Other Attachments Submitted by: A J City Manager ~ I~ ~ None Appropriation Code: Printed on recycled paper Rev. 2/98 . ".., ' " " " ,. . . "' . , . I . ~ . 1 ~', . ,~'" .' '. fl. . . ~,.t '. ~ I , '", . "f" . ' .'~ . n, , ~ . ' ~, Clearwater City Commission Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Approve the second and final one-year extension to the Agreement with Bane of America Securities, LLC to serve as the City's financial advisor, Worksession Item #: FA! 4 ~ '7 Final Agenda Item II Meeting Date: I .. it! . I ., ( j i I: ,1 \,. ,.i ~ and that the appropriate officials be authorized to execute same. SUMMARY: . Bane of America Securities, LLC has served as the City's financial advisor since June 21,2000. The initial agreement was for a period of one (1) year, with the option for up to two, one (1) year extensions. The agreement was extended for the first 1-year period in 2001. This request is for the second and final one-year extension. . This one-year agreement is under the same terms and compensation as the original agreement and includes fees based upon the amount of bonds issued. Fees for issuing bonds are calculated per $1,000 of bonds with a minimum fee of $25,000 per bond issue plus $.50/$1,000 for bonds issued in excess of $15 million, The fee for 0$10 million issue would be $25,000. A $25 million issue would generate a fee of $30,000, . The costs incurred due to bond issuance are paid from the bond proceeds. . We have been very satisfied with the services provided by Bane of America Securities, LLC, and David Thornton as the City's financial advisor, Reviewed by: ~ vA Legal 1J!.+-- Budget Nt A Purchasing ~ Risk Mgmt Nt A Info SNC Public Works DCM/AC~ Other NtA Originating Dept: Costs Finance ~YY'.Ai nl((L.(lJVO--.-I Total User Dept. Current FY Funding Source: CI OP Other Attachments Extension Agreement Submitted by: City Manager ~~ o None Rev, 2/98 Second One Year Extension to Financial Advisor Service Agreement THIS SECOND EXTEN'SION TO FINANCIAL ADVISOR SERVICE AGREEMENT is made this day of , 2002 by and between the City of Clearwater, P.O, Box 4748, Clearwater, Florida 33758 ("City"), and Bane of America Securities LLC, 1640 Gulf to Bay Boulevard, FL2-020-01-04, Clcarwater, Florida 33755-6423 ("Financial Advisor"); WITNESSETH: WHEREAS, the City and Financial Advisor ha\Tc previously entered into a Financial Advisor Service Agreement dated June 21, 2000, for a one-year period (the "Agreement"). Said Agreement provides for two (2) one year renewals at the City's sole discretion; and WHEREAS, the City and Financial Advisor have previously entered into a One Year Extension to Financial Advisor Service Agreement dated April 13, 2001 (the "First Extensionll), which extended the term of the Agreement to June 21,2002; and WHEREAS, the City and Financial Advisor wish to extend the term of the Agreement for the second and final renewal period, which shall extend the term of the Agreement to June 21, 2003; and NOW THEREFORE, in consideration of the promises and mutual covenants contained herein and in the Agreelnent, the parties hereto do hereby agree as follows: SECTION 1: Financial Advisor is hereby authorized to continue to provide Financial Advisor services as described in the Agreement and for the professional fees described in the Agreement. SECTION 2, The term of the agreement is hereby extended for one year beginning June 22,2002 and terminating June 21,2003. SECTION 3. All other terms of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and Financial Advisor have executed this Agreement as of the date fust written above, Countersigned: CITY OF CLEARWATER, FLORIDA By: Brian J. Aungst Mayor-Commissioner Bill Horne City Manager 1 Financial Advisor Services Extension Agreement ~NY ~( Approved as to form: Attest: Pam Akin City Attorney Cynthia E. Goudeau City Clerk BANe OF AMERICA SECURITIES LLC By: Its: 2 Financial Advisor Services Extension Agreement rN~ ''':'''''''1 , ", \. , , ; '.., ~ . I \ .",.' ,., . " \ . \.'. \..'..f .' "'"., .' '. . , . '. .. ' .' , , .... ~ Clearwater City Commission Agenda Cover Memorandum 1':'-.5 <: L Worksession Item #: <<-.,:. . __. Final Agenda Item # .. :.~ ~ Meeting Date: 0/4/0!1/02 SUBJECT IRECOMMENDA liON: Award a contract to Heavy Duty Lift & Equipment, Inc, in Buford, GA. for the purchase of two surface mounted 75,000 pound capacity Gmar Vega 340 portable lifts at a cost of $121,000 and authorize Financing under the City's Master LeaselPurchase Financing Agreement, in accordance with Sec, 2,564 (l)(d), City of Saint Petersburg bid #5711 ~ and that the a~riate officials be authorized to execute same. . Lifts are needed to facilitate repairs and improve productivity for work on heavy trucks in the City Garage facility. . These lifts will reduce labor by approximately one hour for all Preventive Maintenance (PM's) and undercarriage repairs. The two shops will save at least 2 hours per day increasing productivity in these shops, . These lifts will increase safety under the vehicles by removing all jacks and jack stands currently used to raise vehicles. Mechanics will be able to walk under vehicles for repairs instead of rolling on creepers in very tight areas. Exposure to injury is reduced, . . A mid-year budget amendment will establish a new capital improvement project, 315-94228, in the amount of $121,000 to cover the cost of this equipment. .. Funding (Fiscal Year 2002) for the anticipated debt service costs of $950 and related installation of electric and compressed air lines estimated at $600 will be funded from savings within budgeted fuel costs in the Garage Fund. Reviewed by: Legal Budget Purchasing Risk Mgmt NA Info Srvc Public Works DCM/ACM Other NA ......... r) Originating Dept: /7A GSS ~1?'? I '.J ' -'Iser Dept. GSS Costs Total 121,000 A NA Current FY 1,550 Funding Source: CI OP Other X Attachments Submitted by: J2 ~ A' A J City Manager ~ ~..~ ~ Printed on recycled paper o None Appropriation Code: 315-94228-564000-519-000 Rev, 2/98 - ". :"";i'~ .' ", '-', ". '. .~ j . ,. . l . .' '." " .' ' . . 1 '~ ' .. .-: Lf -<( -;J- Gsg, R~ - IIIUIIOOOAL'" ...... - 'OWSTn" n E~~~UIP!~T~!y . Friday, February 22, 2002 Rick Carnley City of Clearwater 1900 Grand Avenue Clearwater, FL Dear Mr. Carnley: I would be pleased to extend to you and the city of Clearwater the same pricing and terms for the Two Super Heavy Duty 75,000 lb. capacity Orner Vega 340 lifts that were awarded to Heavy Duty lift & Equipment, Inc. from the City of St. Petersburg. The Purchase Order number is 1028) 2 and is dated April 7. 2000. The amount is $121,000,00. This price includes Two Surface Mounted Lifts with low-voltage lighting, air lines plumbed into the lift, Jacking beams and drive-on ramps. This price also includes all freight, professional installation and training. I will meet with you in Clearwater to detennine what you will need to do to provide appropriate air and electrical service to these lifting units. If! can be of further service...Please let me know. Thanks... .and Sincerely, Jeff Merrow Heavy Duty Lift & Equipment, Inc. 12/31/2001 9:10 AM FROM: Fax Heavy Duty LIft _Equ1~nt. 1nc. TO: 1-727-562-4895 PAGE: 001 OF 013 ,....0...... ofmW ~ TC)' .wr ~ Oft. trt'IDD ,..... a 22'31) AI PlIgt'l d 2 (9 55 I --- ---. , ,. .~. - - . . .-~ ". - ~--'-- .' .- ..~ . , CITY OF ST. PETERSBURG PURCHASE ORDER p. hI 1 Printed 4n 12000 Purcf\ase Order N 102112 SHOW llCS P.O. NUMBER ON AU. 1NVOtCa. PACKlNO SUPS, CORJU:sPOHOENCE tl1'fClf P. ftlWallG DElIVER TO: SAMTATION COMPlEX 11001 Ave., "- Sf PETERSIRJRG FL 33113 SNlTA T10N AnN SUE FARM 200f 28TH 51 H ST PETI:HSBuHG Fl )37t3 VENDOR: HEAVY lXJTY UFT . eOUIPIIEHT .76A SHABURH Ave BUrORD CiA 30518 Vftldor No.: 168le auot.d By: Jeff Morrow AJt. ID: H&.VY DUTY PO 0aIr. 04JQ112OOO ~tvery DICIt: 5/12/2000 12,00 00 F,O,B.: De6t1NllOn T'nM: Ne{.30d.ays RaquhliUon No,: SANIT.OO-211 SId No: Purchtlur. Miry t(Jy Ct-abC:ee Ph04'l' No.: ... De.c:rlptlon Outtnti~ IJnfI Prb T 0bII to CI: 07S.44 2.00 EA *,500.00 $121,000.00 Hydraulic Lifts, portable, d~ parallologram rype, Omat V. 340, COuncillllP/'OVl' drAd Apri 8, 2000. The vendor sh.. a.gn Ind I1IIufn 1td. pqe to the Puc~ Department. Itkl\QWledging ~ of the """' end oone,lions of it ~rMnMICt. W. hereby acJtllOWledge lWOIipllnct acce~ of ~.) I . 1 of Purc:Mee Order 102812, W. contlnn dlIWoty wtI 0. I7IIC2t on Finn ~: Addrua: AuthoriZed S~: Dele: ~ ~ '. Subtotll: $121,00000 ~~\.lu'n; IlIJl'lHKK - ~IlIT I $121,000.00 13-45X0601.S6..900-6 TOT AI.: $121,000,00 1 &m S8IIITa ~ HurnIlef Q.15.\3487&-54C :.r '.1.:,c:.?:; .n a.,.-"r . " : . ".1 ;'~i ,...,~ : . .d., F.,.,., Employe( 10 ~mbeI S~~24 ~I ~~'Jt(:',I','1\4~ ': d~~ If: · "0,. .....~.... "..:ct ,.t..N- '.: . " :. " .. ~..~ ~f.riOf , ..; .'.)e(S In pr.c.e . "., ",' ~ . . " . '1'" .' , , '. . . '. . I.. . ' . . h ", " . ~ .. . " ~.' ' ~'. ~. . , 12/31/2001 9:10 AM f'P.OM: Fax Heavy Duty LUt _liqu1pmt'nt. inc. TO: l-H7.!l61.4B9~ CONTRACT PRICING ('This i. nOlID order) PAr.F.: 002 OF 013 . ) . .. CllY OF ST. PETERSBURG Date: February 1, 1000 BlIlel': ~aryKay Crabtne Bid No.: 5711 Te1epbone: 727-551-3406 Please quote on this fonn(s) net prices for the item(s) listed below. Return si&ned original and retain I copy for your files, Prices should include aU costs, including transponation to destination. The City reserves the right to accept or reject all or any part of this bid. Prices should be fltIl1 for a minimum of90 days. Reference to manufacturers' names or catalog numbers are for identification only, If alternates are quoted. complete information must be given. In the event of errors in extension of totals. the unit prices sbatt govern in determining the quoted prices. Bids must be received by: 3;00 p.rn. Tuesday ~farch 7. 2000. 56048 Furnish and Install Two Hydraulic Lifts at the Sanitation Maintenance Shop We have read your Invitation for Bid, completed the necessary documents, and propose to fwnish and deliver, F.O.B. destination, the eqllipment specified herein. ALL BIDS MUST BE SUBMITIED IN DUPLICATE. Installation will be completed within.'-O... days after receipt of order. Terms: 2%-10 Days _ Net.30 Days II Contact PersonITelephone: J ,"0 - 9'1S- ~7? I Cooperative Purcbasine We agree to sell the items o"n this contract to any member of the Cooperative Purchasing Program. A ncgati\'c reply will not adversely ancct corwderahon of YOUl(roposat, except in the cases or tic: bids where: all ulllt:J fll~Lun cUe; ~,\u.L All deliveries arc to be F.O.D, destination. / Yes _~ No All exceptions to this bidbavc been documented in the section below, Exceptions: NIIDt " Title: Am"N~y~f~~ Address:" V (... /J,- Zip: 30 S'f8 Fu:]'O- 94S-91', c5. f)/AI4Af.er ~ Comments: Aulboriztd SJ2n11l1re: E-Mail: ...:..~.tG ~~ (t'"~W ~ l ~ ,l-; (.0'" Wrbsllt AddrtSs: Bidder: 12/3112001 9:10 AM rROH: rcSK Heavy Duty LHt _Equipment, inc. TO! 1-121-567 499~ PAGE: 003 OF' 013 Vendor Questionnaire ! [ Vendor Questionnaire To Furnish and IDstan Two Hydnulic Lifts at the Sanitation MalntenaDce Shop This questionnaire must be completely filled out and returned as part of your bid, Failwe to do so may result in disqualification ofyoUt bid. Evaluation of this questionnaire may be a prime factor in the award of this contract. How long has your finn b]in business? ~ t..1\:t.5 Net worth of your fmn? J 1 l. 00 ( 00 0 . · 0 . 1. 2. 3. How many employees do you have on your present payroll? 5 4. How many employees will.be assigned to this project?2.-_ 3 S. What are tlteir qualifications, experience and certification for these services? ~o."iL.fu..~[~W- \~ ~ . ld.+ c...~~,",~ jf:...(k ~r~~ _ ~~. II 6, Who will be supervising the warkto be perfonned under this contract and what is the 2.::erson's. experience (years of experience, certification. qualifications, etc.): \ 1 7. How many and what types of equipment and tools will be assigned to this project? L~ Lf.. t... L, r <'~ke'- (;..;/1C) 0 t""\ . ~.I ~fi L-<.. '~~kLl J.ools 8, If you do not own this equiprnen~ how do you propose to acquire it? ----LE-M~t (.S !>~~-=-v..< ~ II ("e'iA",+ W rc.S,.~e r 12/31/2001 9:10 AM FROM: Fax Heavy Duty Lift _Equipment, inc. TO: 1-727-~62-489~ PAGF.: 004 or 013 Bid No, 5711 Vendor Questionnaire Bidder: f f~;I!IIft'~, /N.-c, 9. Explain installation procedures. 11. W.uu....11:)106 loU S t krc \' ~ ~ lJ~ LIk It)- j..,~(/ --~~ ! rAft.t-/~ -I-k.,.. ~ JALK.S Describe your work schedule: 1../(. ~CIL" AIo(J~~ Ovr Cu ~.J.c""t';J -4<<cf.s - ~~ (.1.5 vI) I.!.J ~ ~ /1 ~ ~ ~. What warranties, expressed or implied. will be in effect (Explain in detail). a ~r.s - tllLp~ " L47!olL 10, 12, Have you ever had a contract or project terminated? If yes, please explain. Af-o 13, Please list your subcontractors and what scope of work they will be performing. What milestones will determine payment? (Attach separate sheet ifnecessary). NOkJ ~ --..J.. .. , 14, Occupational License No. Expiration Date: 1 S. List at least three similar projects you have completed within the past two years (do not use the City ofSt. Petersburg as a reference). Firm Name Address~ ^ C<<kDtact Personffelepbone 'Oto ~~Aw)ClI"L.Jr u~,"a..'~ISl&_Orl~b.l- IH.,~ <:~'uu:t-<:t. ~PW. Uw,chce \.ilfti ~t , _ e~ ~ b.-, ,. . \ c: /) r>. b.'l--., 3<.' -'-4 IV'T P"'lof . L to) b b L~L, M~C'IT4 La"U , ~ .11 n <.. \ '-\c. '\ 6 -gW'~ ...~ ~~ _ ~~ Q..~ U t... 1-x.l.(..~.... Tlll.to_. t~~.t!. ~\(' UQ!j 8''''' ~, 2 " . ~ ~ ' , ...' .' 'fJ I' ",' , ..' BID SOLICITATION Page , ~1 PnntM. m rnm . --I ~"'.' ~'-"':, . ~. . '.. ~: CITY OF ST. PETERSBURG Purchasing and ".ter~l. Management P. O. Box 2142 51. Pet.raburg FL 33731.28.42 BID OPENING DATE AND TIME: 03/01/2000 3:00 PM BID NUMBER: 5711 ClTYOfJ sr, P"f~ v l..( c..AV'i.. ~~ Li ~! E Qv, t. : '17, -~ :)i4c) ~~A"-' A&lct,. o ~,-,~,.cr, ~A 3~' e o R BUYER' CrabtlM, Mirv Kay PHONE ,: (727) 551 . 3406 ed, DEUVERY REQUIRED: 5 CITY OF ST. PETERSBURG Ii SANIT A nON COMPLEX r 1800 7 Ave.. N. p ST PETERSBURG FL 33713 T o Item Class.Jtem Quantity Unit Unit Price Total The contractor shall provide all labor. materials. and equipment to professionally install 075.44 ... , (,o,SOO." ~ 'Z~O~oo 2.0 2,00 EA Hydraulic Lifts. portable, dllve-on parallelogram type, Mf9,/Modelt..QJ\\~ ~ Vt...jc:...."3"iO TOTAL~ ~/U 000.00 , ~- - i. '\ NOTE: ALL BtDS RECEIVED AR~ SUBJECT TO THE TERMS AND CONDITIONS ON REVERSE SIDE OF THIS FORM, WE AGREE TO FURNISH ANY OR AlL OF THE ITEMS QoolED AT THE PRICES SHOWN, QUOTE MUST BE HELD FIRM FOR PERIOD OF 60 OA YS. NAME AND nTl "'-' ~~ (V1ft~4'!1t.- TERUS OF PAYMENT: Nt- -I- ~O 1J~'r J DELIVERY. '0 -L..D ~ TELEPHONE NUMBERJ.] Q~ 9 V5"'- 97 ?J COMPANY: SIGNATURE: ",. ,.',. ~ . , . p , -\ - . " 12/31/2001 9:10 AM FROM: FAX Heavy Dury L1ft _Equ1pment, 1ne, TO: 1-?27-~62'~B95 Specificatiom To Furnish and Instal1 Two Hydraulic Lifts at the Sanitation Maintenance Shop PAGE: 006 OF 013 .. . . . . " ...... .. Intent These specifications cover the minirnwn requirements to furnish and install two portable hydraulic lifts at the Sanitation Maintenance Shop. Bidders are required to document the specifications of the components proposed in the space provided, Failure to complete this information may be grounds for rejection of bid, Bidders are requested to retain a copy ofthese specifications for future reference. General Description: The vehicle lift shall be a heavy duty, drive-on parallelogram type, powered by a remote electric hydraulic power and control unit. The lift shall use hydraulic cylinders. Above ground scissors or x-type, post~ 01' column type lifts, screw drives, ball screws and Acme screws shall not be acceptable. CompoDents Specifications Veodor's Proposal Lift unit Lift shall be an integrated system for lifting within the specified weight. v'" ~f_ Lift unit shaIl include a platform composed of two runway~ each attached to hydraulically operated , lifting Jegs with a built-in mechanica110cking system / .. \ Lower legs must be attached to a continuous base which is designed to support the projected load, / The structural integrity (vertical and lateral) of the lift is independent of the floor and shall not have any minimum concrete requirements. / . " o. M., ' . ''t r" ' , " .) . . , : .' . 12/31/2001 9:10 AM FROM: Fax Heavy Duty Lift _Equipment, inc. TO: 1-727-562-4895 Specifi~tloas Veadort. Proposal / v' / PAGE: 007 OF 013 COlDpollents Control Console Separate control console, House the hydraulic fluid reservoir. House the pwnp and motor House the lift operating controls. r/ House the air supply for the safety locks, Compressed air supply line, ,/ / J' Interconnections All required hydraulic hose or piping. Electrical cabling with necessary couplings for the connections shall be provided to connect the control console to the lift. I .. \ Lift shall comply with all mirJJfJtJ{filLJtiYc.MV1 regulations as wen as OSHA, UL, A WS, NEC and ANSI BI53.1-199O. Compliance Runway width:. 29.5 inches / / --11 / ./ V Capacity & dimensions . Capacity: 75,000 Lbs. Runway length; 29.5 feet. Distance between runways: 41,5 inches maximum. Overall length: 38 feet. 2 " . . . , . .' ~" . \, . .. ' '. ' " 12/31/2001 9:10 AM Co_poDeDb FROM: Fax Heavy Duty Lift _Equipment. inc. SpecificatioDS Overall width: 101 inches )JJ8Ximum. Collapsed height: 14 inches from floor to top of nmway Hydraulic cylinders Rate of Rise Horizontal movement Power and control console . .. .... \ Lift Unit Raised platfonn height: 73 inches minimum from ground level to the top of runway to ensure clearance safety margin for mechanics, Platfonn lock stops: 12 minimum . Six (6) total. three per runway. Cylinder diameter 5.7 S inches, 60 inches per minute, From fully oollapsed to fully raised position Reservoir capacity: 28 gallons. Pump motor size: 15 horsepower. Composed of two runways constructed of steel plate with anti-skid surface and supported by steel beams designed to withstand projected loads. 3 TO: 1-727-562-4895 PAGE: 008 OF 013 V tlldor's proposal / / / / / I / I / I / " .' " ...,', " . , ", ~', 12/31/2001 9:10 AM FROM: Fa)! HeAVY Duty Lift -Equipment, inc. TO: 1-727-~62.4B9~ PAGE: 009 OF 013 ~OmponeDts SpecifiCatioas Vendor's Proposal Lift Unit (coot) Two continuous base sections (each With three lifting legs) that are capable of supporting the ~ificd weight of the lift regardless of floor design. / Unit must be one integral unit providing lateral and vertical structural integrity without being bohed to the floor, / Hydraulic system Hydraulic cylinders: shall be motmted to the underside of each runway . and attached to the lifting leg. / Each cylinder shall have a check valve that will prevent collapse in the event of a major fluid leak. / / Pump: single (one) pump, gear type, ~- The lift must have a manual pump to enable operator to lower the tift in the event of hydraulic tailure. ./ II. , Safety Locks One set of steel locks shall be mounted to each lifting leg, / Each set shaD have a safety fuctor ofnot less than 3 to 1. V' The locks shall have a minimum of twelve (12) different locking levels. ./ . " ~' \ ' . I ~ ~. ' ' ',' .' - .' 12/3112001 9:10 AM FJl.OM: F/lX Heavy Duty Lift _Ecr.:tpment, inc. 'T'O: 1-121-562-4895 PAGE: 010 OF 013 COmpOIlCDtJ Specifi~tioDI Veador's Proposal , .' Safety Locks (coot) Loc:ks sbalI have the capability of supporting the rated load of the lifting leg without the assistance 0 f the hydraulic cylinder. / Locks shaD automatically disengage when the lift LOWER control is operated and automatically re-engage when the LOWER control is released Locks shall be automatically engaged when the lift ascends / / Controls Console: controls shall be moWlted in a remote power and control console located adjacent to the lift and at the discretion of the Shop Manager. / ~ All interconnecting cables shall be covered by protective metal devices on the top of the floor surfuce, / .I \ Push button switches, transformers, and controls shaD be m.. labeled and housed in appropriately rated NEMA enclosures with control switches, buttons and lights mounted on sloping top. / RAISE and LOWER push buttons sball be dead man type, requiring constant pressure to operate. < / 1 "I () 33C1 ~sG6 12/31/2001 9:10 AM r~OM: Fax Heavy Duty Lift _Equipment, lnc, TO: 1-121.~62.489~ PAGE: 011 OF 013 COmpOOCRtI Specifaatioa. Vendor's Proposal . . Controls (cont) Indicator lights shall iUwninale when the power is on or off. ,/' Compressed Air Source Two (2) quick disconnect air fittings shall be located OD the inside edge at the front & rear of the lift platform and easily accessible by the operator. ./ Lighting System Lifting platforms shall have a neon I tlourescent lighting system mounted in shatterproof tubes on the inside edge of each , runway. "/. To ensure the highest level of safety against electrical shock, the system shall be twenty-four (24) AC volts NO EXCEPTIONS The lighting system will consist of four lamps evenly spaced on each runway for a total of 8 lights, ,/ ./ ./ ~- Lighting system shall automatically turn on when tbe lift is raised 22 inches above floor and turns off . automatically when the lift descends below 22 inches. /' j,. \ Jacking system A rolling bridge type jacking unit. 6 , ' ,. , '~'. ,. . ... , ~.. ,~ ' , , , ' . 1213112001 9:10 AM FROM: Fax Heavy Puty Ltft _Equlpmtnt. lnc. TO: 1~727-562.4895 PAGE: 012 OF 0]3 CO_poIIents Specifications Vendor', Propoul Jackioa System (com) Jacking unit must have the capability of traveling from one end of the platfonn to the other, v The jackins unit shall have 8 capacity of 48,000 [b, Minimum. ,/ Jacking unit shall be capable of being removed from lift via four wheels mounted to the base of the jacking unit. / Two indepeadeat 'airlhydrau1ic bottle jacks shall be adjustable from side to side along the jacking unit bridge frame, / Distance between the rams shall be 28 inches ruaxjmUl)l to 8 inches minimum. / ....- The lift platform shall have a non-slip surface that is highly resistant to fuels, solvents, detergents, alkalis and hydraulic fluids. / al \ Painl Paint shall be heated powder coat system in color to be determined at a later date by the City. / ., - 12/31/2001 9:10 AM FROM: Fal( Heavy Duty t.ift _Equipment, tne. TO: 1-727-562-4895 PAGE: 013 OF 013 COmpODeats Sp<<ifkatiol. V~ndor's Proposal .. . Certification The model of the lift being offered must be certified in accordance with the requirements of the procedural guide for the Automotive lift Institute Certification Ptogram. Proof of cenification MUST be included with the bid package. /' Drawings or literature descnbing the above / mentioned specifications .MUST be included. I Jacking unit A separate jacking unit meeting the specifications / descnbed above under the ~ding "Jacking System". This jacking system must / have the capability of riding on the top of tile lifting ~ platforms. Ii' . The jacking beam must be \ ) on casters to allow for portability between the two lifts, List five locations and contacts where the lift specified is located. 8 Clearwater City Commission Agenda Cover Memorandum Worksession Item II: ~ /'J (./ Final Agenda Item 1/ :d. Meeting Date: L\ ~ ti - C 2-. SUBJECl/RECOMMENDA liON: Request for authorization to institute legal action against a private slip tenant, LeBron Free, at Island Estates slip # 140, to recover past due rent and remove boat from slip, D and that the appropriate officials be authorized to execute Sdme. SUMMARY: Mr. Free was sent a warning letter on July 22, 1996 reminding him that he was two months late on his rent. He was sent another letter on November 27, 1996 telling him that he was three months late. He was sent a docking permit revocation letter on April 22, 1997 after being four months in arrears. He was granted an audience with the former harbormaster on May 6, 1997. He paid through May, was given another chance, and agreed not to pay late again or his docking permit would be revoked. In 1998, we overlooked several occasions when he paid after the fifteenth, until November 20th when he was sent another late notice letter. In 1999 and 2000 twelve of his twenty-four payments were late. This resulted in a slip rent investigation where we made copies of all his receipts to show how his paying late was resulting in his not knowing which months he was paying for, Our letter to him dated October 5, 2000 notified Mr. Free that he should consider this his final warning. In a letter dated July 20, 2001, Mr, Free ....vas informed that his docking permit was terminated as of July 31 sl for being late April, May, June and July, He asked for more time to make the necessary arrangements to move the boat. He told us he was having difficulty coordinating the arrangements to get the necessary transport to move the forty-one foot sailing yacht out of the water and onto a truck. We offered to do it for him. The offer was not accepted. He asked if a prospective buyer could rent the slip if he bought the boat. We agreed, He was unable to consummate the deal. He asked that we not charge him the daily transient rate for August. We agreed. He also paid the private monthly rate of $182,06 for September instead of the daily transient rate for the monthly rate which would have been $1,427.97. In spite of several additional written notices, he has not moved his boat and has accumulated $5,760,99 in dock fees for November 2001 through February 2002 on the daily transient dock rate of $1,05 per foot per day, Current FY Funding Source: CI OP Other Mr. Free was notified by letter on January 18, 2002 informing him that legal action would be taken if payment was not received by the 25th. Payment has not been received, Reviewed by: J~ , L ega I l!!:!::l:J::: Budget N/A Purchasing N/A Risk Mgmt N/A Info Srvc Public Works DCM! ACM Other N/A Originating Dept,: Marine & Aviation (Bill Morris) User Dept.: Marine & Aviation Costs Total N/A Attachments Submitted by: 'P.. '" J 1 _ City Manager ,~~ Printed on recycled paper o None A propri~inn Code: Clearwater City Commission Agenda Cover Memorandum Worksession Item II: f R I .~O Final Agenda Item ff ~J Meeling Dille: 4/4/02 SUBJECT/RECOMMENDATION: Approve the expenditure of $90,000 from Recreation Facility Impact Fees for the construction of a dog park at Crest Lake Park, ~ and that the appropriate officials be authorized to execute same. SUMMARY: · The City has had numerous requests from residents to construct a dog park in Clearwater. Staff has considered several locations for a citywide dog park and recommends Crest Lake Park. . Staff has met with residents in the Skycrest neighborhood as well as polling residents that are around Crest Lake Park, The majority of residents support the construction of a dog park in the current location of the playground. . The current playground is being relocated to a more central location in the park that will be closer to the restrooms for more convenient use by parents and children. . Recent surveys and public meetings regarding the Parks and Recreation Master Plan indicate that dog parks are needed in Clearwater. Pinellas County is looking to install dog parks in several of their county parks, which can be used by City residents. . Staff is recommending that the dog park be located in the SW corner of the park once the playground has been relocated. . The dog park will consist of three fenced off areas for different sized dogs, dog poop stations, irrigation system, landscaping to screen park from the road and residents, benches, water fountains for people and dogs, signs, trash cans and other park amenities, . Construction will be completed by the fall of 2002, . A mid-year budget amendment will allocate $90,000 of Recreation Facility Impact Fees to establish a project for Dog Park at Crest lake Park. e The City Commission must approve use of Recreation Impact Fees. These fees were collected from projects citywide. NA PUbliCW~ ~ OCM! AC Current FY 90,000 funding Source: CI or Other x Reviewed by: legal NA Budget ~ Purchasing ~ Risk Mgmt NA Info Srvc Originating Dept: P & R - Kevin Dunbar User Dept. Parks & Recreation Attachments Costs 90,000 Submitted by: I J City Manager ",...,.V~~ , Printed on recycled paper 00 None Recreation Impact Fees Appropriation Code: 315-93275- Rev. 2/98 ,~ .' . :, ,. J, '. \'" '. '''r'.,''''''\; ...l....".. ..;'....,J1...'11..,:~r~"..,~'"rl_~"'.'i.r '~.J_...I,'-:...... ~~'4~',......4..,;.It'~"f "'r':. Final Agenda Item # Meeting Date: pw3 ~31 L/-- L/ -,,~ Clearwater City Conlnlission Agenda Cover Menl0randuI11 Worksession Item #: SU BJECT/RECOMMENDA TION: Approve a Work Order in the amount of $132,840 to Tampa Bay Engineering, Inc. (TBE) to conduct site assessment and remediation activities at the "Former Clearwater Seafood" site located at 37 Causeway Boulevard, 19] and that the ,appropriate officials be authorized to execute same. SUMMARY: . In 1981, petroleum contamination was discovered during the removal of underground storage tanks at the Clearwater Seafood Restaurant property, a former retail service station. A Contamination Assessment was completed by the State in 1995, just prior to the termination of the State reimbursement program. At that time, an estimate of $375,000 prevented the City froln completing site remediation, and the site was placed on a State list to await future funding opportunities. This City owned property, located at the northwest corner of the Clearwater Marina, is currently leased to Clearwater Seafood, dba Crabby Bills Restaurant. . In June 1999, the City hired TBE (a State Approved Contractor for PAC sites) to conduct an assessment and submit an application to the Florida Department of Environmental Protection (FDEP) Pre-approved Advance Cleanup (PAC) program, The PAC program awards state funds to assist with remediation of petroleum-contaminated sites. Based on laboratory results obtained during the PAC assessment, site remediation was estimated at $324,000, and is expected to take approximately 5 years. . In October 1999, the City was awarded funding based upon our proposal to pay $132,840 (410/0 of the clean-up costs), with the FDEP paying $191,160 (590/0 of the clean-up costs), . On February 3, 2000 the Commission approved the PAC Agreement with FDEP, committing the City's cost share of $132,840 for clean-up. . A copy of the Work Order and a Location Map are available in the City Clerk office. . Sufficient budget and funding for this Work Order are available in capital project Environmental Assessment and Clean-up, 315-94803. Reviewed by: Legal ~ Info. Services: Budget .,..~ Public Works purChaSin~~~ DCM/AC Risk Mgmt. N/A N/A Originating Departmen~ PWA - (Karma Killian) I ,\ User Department: Costs Total $132,840 Funding Source CIP X OP Other Current FY Attachments: Submitted by: j) .. j A A City Manager T:)CU ~ ~ Printed on recycled paper 2/98 None Appropriation Code: 315-94803-561000-539.000 Rav, .':".' l'-'~" ,",:".':, ~';.~... .~.l' ,.....~.<.....,. '"?~.'-,':,,,:.' '. '. . l r-' . , .., I ',.. '. ' ..' c _ ' , ". " ' (; (J t) PW.3 31 WE Main: 727531.3505 800,861.8314 Fax: 727.5 39.1294 W'Ivvv,tbegroup.com TBE GROUP, INC. (J 380 Park Place Blvd. · Suite 300 · Clearwater. FL 33759 CI1Y OF CLEARWATER ENGINEERING DEPARTMENT THE WORK ORDER INITIATION FORlVI Former Clearwater Seafood FDEP Preapproved Advanced Cleanup Date: January 28, 2002 TBE Project No. City Project No. SF-03 07 02 1. PROJECT TITLE Former Cleanvater Seafood - FDEP Preapproved Advanced Cleanup 2. SCOPE OF WORK See Attached PAC Application Proposed Course of Action 3. PROJECT GOALS The purpose of this project is to perform groundwater cleanup activities to Ineet State cleanup criteria 4. BUDGET Work will be completed on a not-to-exceed basis as follows: See Attached PACApplication Schedule of Expenditures TOTAL (Not to Exceed): $132,840.00 5. SCHEDULE The total estimated cleanup time is 43 n10nths as follows: .. CAR Completion - 90 days (3 months) . RAP Completion - 40 days (1.5 month) .. Remedial System Construction -75 days (2,5 months) . System Operation & Maintenance - 24 months . Monitoring Only -12 olonths ]:\DOC.A \ENVPRO\2002\Clw _Scarood_PAC,doc Civil/Environmental Engineering · Construction Management · Subsurface Utility En2ineerine t TransDortation ~ '. ,- . ' , I. , , ' ~ ,'. . . \ . Former Cleanvater Seafood January 28,2002 Page 2 of2 6. TBE STAFF ASSIGNMENTS Project Manager., Steven P. Howarth, PE Project Engineer - Greg Shultz, PE Senior Field Technician - Dana Kress 431-1545 431-1557 639-5572 7. CORRESPONDENCE/REPORTING PROCEDURES Correspondence shall be sent to Karma Killian, 8. INVOICING/FUNDING PROCEDURES The budget for this work is a not-ta-exceed sum of$ 132,840. Invoicing Method A shall be used. Invoices will be sent attention to Marty Pages. City Invoicing Code: 315-94803-561000-539-000 9. SPECIAL CONSIDERATIONS . Field technicians shall be 40 hour OSHA certified 10. PROJECT COMPLETION REPORT TBE will provide the City a copy of the CAR and RAP for review prior to submission to the FDEP. PREPARED BY: CITY ;My4 ~ Michael D, Quillen, PE Director Qf Engineering Date /-7~2- ....,............ ..... ...' "'-'--" ..... ~ 7 ~~. ~' ,..,. ) .~... ~ ~.,.. /. t:. ' oC:..-t" E ~/ <---..-'" ~...-( '\ J:-?" r"" ../' --. -".- Richard Doyle, PE Senior Vise Pre~ident Date 1../~2 ;;~.6 .:.. " . " I:\DOC-A \ENV.PR0\2002\Clw _Scafood_P AC.doc Preapproved Advanced Cleanup Application FORMER CLEARWATER SEAFOOD 37 Causeway Boulevard FDEP Facility ID #529401877 Proposed Course of Action, Cost Estinlate and Schedule A recent round of sampling indicates that soil contamination is limited to the north and western portions of the property. Shallow groundwater contanlination appears to be litnited to the site's boundaries migrating south toward the adjacent seawall. Completion of an updated CAR \vill be necessary to delineate the full extent of contamination. Following CAR completion and FDEP approval, a Remedial Action Plan (RAP) will need to be developed in accordance with Chapter 62- 770 F AC. Specific site remediation parameters, teclmiques and designs will be part of the RAP, along with appropriate cost engineering. Following RAP approval, renlediation systenl construction will be implemented. Based on subsurface characteristics described in the CAR, the groundwater remediation system will likely utilize air sparging and SVE technology (or an equivalent dual-phase system). The cost and tinle estimates have been prepared accordingly. An estimated two years of system operation and maintenance (O&M) followed by one year of monitoring only will be required to meet site rehabilitation levels. The cost estimate for completion of the CAR is $20,000, with completion of the RAP at $15,000. The cost estimate for the system installation is $125,000, The cost estimate for O&M is $50,000 for the first year and $40,000 for the next year, The cost estimate for one year of monitoring only is $10,000. The cost for systenl demobilization and well abandonment is estimated to be $10,000. Therefore, the total cost estimate to complete the site rehabilitation is $270,000. The CAR can be completed in approximately 90 working days (three months), The RAP can be completed with 40 working days following CAR approval. Approximately 75 working days (or four calendar months) will be required to install the remediation system following RAP approval. The O&M period will require 24 months, with 12 months of monitoring only for a total estiInated cleanup tin1e of 43 months, Table 1 illustrates the proposed schedule of expenditures. ",.:".:'.~~,~:- ...... ...,".,'-...".::~. . . ,\. I ..' . ' . K ',' , ~ .' ,', . . 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . . 0 0 0 0 0 0 0 0 0 0 Lr':l LO 0 0 0 0 0 CD CO 00 t-- LO CD 0) en Cf) ~ i ~ .... ~ 00 C't') 0) C't') LO LO 0) ~ ~ {;A- t-- N N (;f7 Y7 L.() (j) (;f7 (;f7 (;IT (;f7 ~ ~ (;f7 Y7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 , . . . 0 0 0 0 0 0 0 0 0 0 LO L.() 0 0 0 0 0 'l;f" N ~ NLO ~ ~ ~ t-- CO - ~ .... 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'i:: .c 00. 00 (/) 0 U) c: 2 2 :::: 0 - ~w ~o.. c: E cu III 5~ <toes ~ 0 .... x .- Cl Q) 0 ...: 01.1- rx:o 0 ~ Cl f- III 0 (.) nl CIl C/) " :.y.......'.. "'.' '(" '.... ~ NORTH ,_ ... 1";1_ ,? .l..:' ;:' .'~:: -. f-- .. ' ~ "...... . , i~./ ,.... ;,"\.~, . '.J-- - -...~ _llt: ~4' ,""t'" ,',',.,:' ',' . ~. () , ~ :" '_,8i. _-:<z .: .. - _~_~.... '1 ~~ '. -.., F C k- _ Ornler lear-~vater : Seafood 37 C ausevv-ay Blvd. ';>I ~ .,. . .~~ ~, \ ..i'~!M"~ "I~,:,^:, '~.." ~ '::~.r-:: ~'~"~J~~' ~:~< E~. .~ ,. .i:~~..~',~',.'" ~ '* ,W'/rP, , ~:" l. "t. ;" 'I'IfHt. ~:~l .; ","..\w:~~.,..,'1t.' , i ..:. .,;.,. ,~~:}' ,,' ., - ""-;"","i,:,',,,;:," -', ~ .:;; (; . 'iI~"'" v : . ' .. , de 'r ..; !t;, " I' e \, I~EA~,\ I~~~\ ~~~i "'~r(R ~~\ ",~"""" CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ..0, ",~' .. ' . )0:: ,.",;_t' _,"oil' ;.' ',',~~\. ",I~"'-' .'. .,.. ,i'c. ~'; ,~"" .:,'''' .. "t'1~,~" t/, :,"~.~" <, '.. .,:~~>,:i, 4 ;,'.....1". '.~.~\ "', Cleanvatcr City COIllIll ission Agenda Cover Mcmorandulll Work session Item~ ~/) Final AQenda Item # ~ ~ M eetinq Date: 04/04/02 SUBJECT/RECOMMENDATION: Approve a work order to Parsons Engineering Science, Inc. to provide engineering design and permitting services for the Palmetto Street Improvements project- for the sum of $126,989, [BJ and that the appropriate officials be authorized to execute same, SUMMARY: . The project will include the installation of approximately 1,900 feet of 54inch reinforced concrete pipe for stormwater along Palmetto Street between Palm Terrace and Stevenson Creek and the replacement of 2500 feet 20 inch concrete potable water line with ductile iron pipe on the South side of Palmetto Street from Highland Avenue to the bridge at Stevenson Creek. . Extensive flooding occurs when the storage capacity of the Hibiscus Pond is exceeded due to inflows from an existing 54 inch reinforced concrete from the Highland Avenue drainage system, The existing outfall of Hibiscus Pond is inadequate to handle the inflows from the Highland Avenue pond. The proposed culvert will divert treated stormwater from the Highland Avenue drainage system directly into Stevenson Creek. . Overall, the project will provide flood relief for two collector roads, two neighborhood streets, and two flood susceptible private homes. In addition, the project will alleviate yard flooding for twelve other residential properties, and will provide additional drainage inlets on Palmetto Street along the project route. By reducing excess flood flows away from Hammond Branch, the project can also be expected to reduce the rate of stream bank erosion within the Hammond Branch channel. . The pipe along Palmetto was identified as failing before the completion of the Watershed Management Plan (WMP). The WMP was completed in August 2001 and identified the pipe as undersized. This project will be implemented with funding from the storm drainage R & R portion of the rate study, . The current 20" cement water line is approximately 40 years old and for which the City does not maintain an inventory of replacement parts. . On July 12, 2001 (item #21) the Commission approved an agreement with the Southwest Florida Water Management District (SWFWMD) for District 50% participation up to a maximum of $750,000 for funding of projects within the Stevenson Creek basin, And, on February 21,2002 (item #6), the Commission approved the establishment of the budget for the $750,000 SWFWMD funding in the Stevenson Creek Implementation project 315-96144, Reviewed by: \.:1 "- Legal ^;U~ Budget ..--LJ Purchasing \....- N/J4 Risk Mgmt N/A Info Srvc N/A Costs: Total $126,989 Public Works DCM/ACM Cu rrent FY $126,989 Funding Source: CI X at her N/A Attachments OP Other Submitted by: CRy MirU ~ [g] None Appropriation Code: 315-96124-561200-539-000 $ 58,687,00 377-96124-561200-539.000 $ 58,687,00 3 - 6 -56 0-53 Printed on recycled paper 2/98 Palmetto Street Improvements V3.doc Rev, . A midyear amendment will transfer $58,687 of the SWFWMD budget in project 315-96144 to the non- bond project 315-96124 Storm Pipe System Improvements. . Resolution 01.21 was passed on November 15, 2001; establishing the City's intent to reimburse certain stormwater project costs incurred with future tax-exempt financing, The projects identified with 2002 revenue bonds as a funding source were included in the project list associated with Resolution 01.;21. . Sufficient budget is available in the '02 Stormwater Revenue Bond project 377-96124, Storm Pipe System Improvements, for the required $58,687 of Stormwater funding and sufficient budget and funding are available in project 315-96741 System R & R - Capitalized for the $9,615 potable water portion of contract. . A copy of the work order is available in the City Clerk Department for review. ! I ! i ;~ . ! . .', . . '. . . '. ~ . ; ." , ' . <<. '1 I' ' " ?~5 3d-- I , I ) . PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM Date: December 14,2001 Project Number: City Project Number: PS 022502 1. PROJECT TITLE: Palmetto Street Drainage Improvements Construction Plans and Permitting 2. SCOPE OF SERVICES: See Attachment A 3. PROJECT GOALS: To prepare final design plans and permit applications for a 54" diameter diversion culvert along Palmetto Street between Palm Terrace and Stevenson Creek. The Project will alleviate chronic flooding in the Hibiscus Pond neighborhood. Also included in the project is design of a 20" water main to replace the deteriorating water main along the project route, 4. BUDGET: Attachment B depicts the total cost for these engineering services. This price includes all labor and expenses anticipated to be incurred by Parsons ES for the completion of these tasks, on a lump sum basis, for a fee of One Hundred Fifteen Thousand Seven Hundred Eighty Three Dollars ($115,783), and not to exceed fees for task allowances totaling Eleven Thousand Two Hundred Seven Dollars ($11,207). Expense Code: 5. SCHEDULE: The project is to be completed nine months from issuance of notice-to-proceed, The project deliverables are to be phased as follows: 30% construction plans 60% construction plans and permit applications 90% constructio"n plans Final construction documents 70 calendar days 120 calendar days 170 calendar days 210 calendar days I I I I I ! j I I I I ! I ; I I I I ! 6. STAFF ASSIGNl\1ENT (Parsons Engineering Science, Inc.): John E. Loper, P.E. Engineer of Record/Project Manager Susan B. Gintert, E.!. Project Engineer 7. CORRESPONDENCEIREPORTING PROCEDURES: ENGINEER's project correspondence shall be directed to CITY'S designated project manager with copies to others as may be appropriate. All of CITY's project correspondence shall be directed through CITY's designated project manager. 8. INVOICINGIFUNDING PROCEDURES: Invoices shall be submitted monthly to Marty Pages for work performed. Invoices will be prepared monthly according to Billing Method B, Lump Sum and be billed as a percent complete of each task. Contingency services will be billed as incurred only after written authorization provided by the City to proceed with those services. City Invoicing Code: 315-96741-561300-533-000 377-96124-561200-539-000 ENGINEER CERTIFICATION: $ 9,615.00 $117,374.00 9. Parsons Engineering Science, Inc. will certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471 (481), that the above project's construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and Federal established standards, We understand that it is our responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. APPROVED BY: )Z--/4 ~ z.,-~yOc This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. . PREPARED BY: ~~ G, Thomas St. Clair, Ph.D, Florida Operations Manager Parsons rJk/~ C- I / Date Michael D, Quillen, City Engineer Date City of Clearwater .' .... \ '.' , ~ "," \ ...., ...'. . " ,. ,',...' '. '. .. ' , '., ,. . ..."\11 " - , ,1, ' . '. ..,.. .. .,' .. " '" ' ,1'.' . . . i . f\ T'ff\CI-Il\/IENT f\ SCOPE OF SEI{VICES CIT\' OF CLEi-\R\Vf\TER PALMETTO STREE1' DRAINAGE IlVIPROVEl\1ENTS , 1 I I This Scope of Services is attached to the August, 1998 Agreement for Professional Services, between Parsons Engineering Science, Inc., hereinafter referred to as the ENGINEER, and the City of Clearwater, hereinafter referred to as the CITY, and made part of the agreement thereof I. INTRODUCTION The Stevenson Creek Watershed Management Plan (WMP) is being developed in accordance with a cooperative agreement between the CITY and the Southwest Florida Water Management District (SWFWMD), The WMP includes recommendations and prioritizations for capital improvement projects to address flooding, water quality, natural resources, and erosion problems within the watershed. The planning phase of the WMP was completed in August of 2001. The CITY and SWFWMD are now preparing to begin the implementation phase of the Plan. Project 5B of the WMP includes the installation of approximately 1,900' of 54" reinforced concrete pipe (RCP) along Palmetto Street between Palm Terrace and Stevenson Creek (refer to Exhibit" A"). The project will provide flood relief for streets and homes in the area of the Hibiscus Street Ponc!. Extensive flooding occurs when the storage capacity of the Hibisclls Pond is exceeded due to intlows from an existing 54" RCP culvert from the Highland A venue drainage system. The existing outfall of Hibiscus Pond is inadequate to handle the intlows from the Highland Avenue pond, The proposed culvert will divert treated stann water from the Highland A venue drainage system directly into Stevenson Creek, Overall, the project will provide flood relief for two collector roads, two neighborhood streets, and two tlood-susceptible private homes, In addition, the project will alleviate yard flooding for twelve (12) other residential properties, and will provide additional drainage inlets on Palmetto Street along the project route, By diverting excess tlood tlows away from Hammond Branch, the project can also be expected to reduce the rate of stream bank erosion within the Hammond Branch channel, C:\windows\TEMP\Palmcnosl.:\lpcl.II(1I,; Pagtl 1 of 12 ~f" II. SCOPE OF SERVICES The CITY has requested Parsons Engineering Science, Inc, (ENGINEER) to assist with the preparation of construction plans, special technical provisions, and permit applications for the subject project. In addition to the 54" culvert from Palm Terrace to Stevenson Creek, this Scope includes the design of an additional cross culvert under Palmetto Street, west of Highland Avenue. The AdICPR model for the Stevenson Creek Watershed will be updated for the tinal design of the proposed culverts, Limited bid phase and construction phase services are also included in this Agreement. It is anticipated that the proposed culvert will be located within the existing right-of- way for Palmetto Street. The ENGINEER will design the storm pipe alignment (horizontal and vertical) so as to minimize the impact of the pipe to existing utilities. The design of utility relocations shall be limited to areas of culvert and utility crossings, with the exception that design of a replacement 20" DIP water main, within the 10' easement bordering the south right of way line for Palmetto Street, between Highland Avenue and Stevenson Creek, is included in this Scope. Design of horizontal relocations of entire existing sanitary or gas mains is not included in the basic Scope of Services, The basic scope of services to be provided by ENGINEER will consist of the four (4) tasks described below: C:\Willdows\TEMP\PlIlllh:l1l\s\:up': I,du..: Pagtl 2 of 12 1.0 Project Management, IVleetings, and Coordination 1.1 Project Management Plan The ENGINEER will coordinate work actIVIties with the CITY, PROJECT REPRESENT A TIVE(s), SWFWl'vlD, and other involved agencies, The ENGINEER shall submit a Project Work Plan procedure outlining coordination activity. The Project Work Plan will include the following elements: 1. Scope of Services II. Project Schedule III, Project Budget IV, Design Criteria V, Coordination Procedures VI, Reporting Procedures VII. Documentation Procedures VIII. Technical Quality Control Procedures 1.2 Progress Reports The ENGINEER shall submit to the CITY, each month, a Progress Report reflecting the PROJECT status, in terms of the total work effort estimated to be required for the t I I ! I I i I I I I i I j I completion of the Scope of Services, as of the last day of the preceding 1110nth. The rep0l1 shall show all work items, the percentage complete of each item, the perccntage of total work effort represented by each item, and the percentage of total work effort completed, Based on a project schedule of 210 calendar days, it is anticipated that a total of seven (7) progress reports will be required, 1.3 Coordination The ENGINEER shall designate in writing to the CITY its Project Manager, and those project representatives who will bc involved in the essential portions of the project. The ENGINEER will schedule an initial joint coordination meeting (kick-off meeting) within two weeks of issuance of Notice to Proceed. The ENGINEER shall also coordinate the progress of the project with the City Project Manager and other parties who have direct interest in the development of the project. 1.4 l\1eetings Project meetings will take place at the stat1 of the work (pre-design), and subsequently at the 30, 60, and 90 percent completion stages (progress review), The ENGINEER will attend up to two additional design coordination meetings as requested by the CITY. The purpose of the design coordination meetings will be to discllss any design related isslIes not addressed in one of the three progress meetings. ENGINEER will schedule and attend utility coordination meetings, and if requested by the CITY, ENGINEER will attend a pre-bid meeting. The following meetings are anticipated for this project: a. Kick-off meeting at City (1) b. Field Meetings (2) c. Design Progress Meetings at 300/0, 600/0, and 90% (3) d. Design Coordination Meetings (2) e. Utility Coordination Meetings (2) f Pre-bid meeting ( 1) 2.0 Ground Survey, Geotechnical Services and LTtility Locations 2.1 Ground Survey ENGINEER will obtain the services of Harry Marlow, Inc. to perform a planimetric and topographic survey of the project route. The planimetric survey will include natural and man made features within the existing Palmetto Street right-of-way, and within 10' beyond the right-of-way~ including manholes, lift stations, water meters, water valves, hydrants, air release valve manholes, telephone pedestals, power poles and guys, overhead uti lities, edges of pavement. driveway widths and materials, signs, underground utility markers, sidewalks, valley gutters, curbs, catch basins and wings, curb inlets, culverts and headwalls, fences, ornamental vegetation, planters, and trees (4" dbh and larger). The topographic survey will include .'top of ground" elevations at 50 foot intervals along the centerline of existing paving, edge of existing paving. flow line of gutter, C:\window:;\TEMP\PlllJ))!:IIL)~\:np!: 1.1I1l\: Pilg~ J of 12 back of curb, back of sidewalk, top of swale, and top of manholes. The topography will extend 10' beyond the limits of the right-of-way. 2.2 Geotechnical Services ENGINEER will obtain the services of a subconsultant to perform preliminary geotechnical investigations. This will consist of up to five (5) soil borings and standard penetrometer tests (SPT's). SPT's will be conducted to a minimum depth of four feet below the proposed culvert, or as recommended by the geotechnical consultant. Soil samples will be obtained to evaluate soil and groundwater conditions with respect to project design requirements. Subconsultant shall obtain necessary permits for execution of investigations, perform trat11c control during investigations and repair investigation sites in accordance with CITY requirements. A signed and sealed narrative report summarizing the investigation procedures and results of the analyses, together with an assessment of design constraints due to soil conditions will be prepared by the Geotechnical Subconsultant. 2.3 Utility Locations by V:lcuum ExcaV:ltion ENGINEER will obtain the services of a sub consultant to perform underground investigations for locating existing utilities, to include field verification of below grade utilities by vacuum excavation and other suitable methods. It is anticipated that up to thirteen (13) utility locations will be required; additional locations are not included in the basic scope of services. CITY acknowledges that ENGINEER does not have specialized equipment and expertise for underground investigations and wi II therefore rely on the information provided by its subconsultant as true and correct without thrther verification. C:\window!l\TEMP\PllI1l1~1I0SCl1r~ I.do.: Page 4 of 12 3.0 Preparation of Construction Illans and Contract Documents I I i i I I ! I I The ENGINEER shall be responsible for the preparation of the final design documents which shall include final construction plans, quantity estimates, cost estimates, technical specifications and permit applications adequate to meet the review requirements of local, state and federal environmental regulatory agencies, The following plan information shall be developed and included in the final design documents, all construction plans and specitications shall be prepared per City standards: a. Cover Sheet (I sheet) b. Legend and Abbreviations (I sheet) c. General Constmction Notes (I sheet) d. Drainage Map (I inch= 100 feet scale): (I sheet) e. Typical Pavement Sections (I sheet) f Erosion Control and Tree Protection Details (I sheet) g. Drawing Index Map (I sheet) h, Plan and Profile Sheets per City Standards (including horizontal and vertical alignments I-inch = 20-teet scale); (4 sheets) Typical Cross Sections Sheets (sections provided every 100 feet and at , I. locations of potential concern); (3 sheets) J, Utility Relocation/Adjustment Details (I sheet) k. Water Main Valves and Fittings Details (I sheet) I. Stonnwater Management Details (2 sheets) tn, Maintenance of Traffic Plan (I sheet) Total number of Sheets: :i: 19 sheets 3.1 30 % Submittal Requirements for the 30 % submittal shall include the following: Cover Sheet Legend and Abbreviations per City standards, Typical pavement sections, Drainage map indicating the existing and proposed layout of storm sewer lines, including delineations of subbasins draining to each inlet. A separate attachment to the plans shall include the stann sewer tabulations analysis. Plan sheets indicating existing improvements and topography as shown on the land survey, existing right-of-way and easements, and proposed improvements including pipe alignments, inlet placement and pipe sizes. Preliminary additional project right-of-way and/or potential easement requirements. Subdivision, block, and lot number, parcel ID number, and plat book and page, for adjacent parcels along to the project route. Street names and addresses of buildings Existing potable and reclaimed water mains, hydrants, valves, services and meters. Existing sanitary sewer manholes, gravity lines, lift stations and torce mains, Engineer's preli mi nary opinion of probable construction cost, based on the 30 % submittal. ENGINEER will submit copies of the plans, at the 30% Design Submittal. to applicable private utility companies and each City of Clearwater Utility Department for verification of their underground facilities, ENGINEER shall add the size, location, depth. and type of material of the private and public underground facilities to the topographical survey and plan and profile drawings based solely on information provided by the private utility companies or the City of Clearwater. If necessary, a utility design conference shall be conducted to ensure that consideration is given to the impact of the prc~iect upon existing utilities, 3,1.1 3.1.2 3.1.3 3.1.4 3.1.5 3,1.6 3.1.7 3.1.8 3.1.9 3,1.10 3.1.11 C:\windows\TEMP\Pllllll~lInScl1p.:l.dll\; Pilg~ 5 of 12 Deliver.ables: . Five (5) sets of blue-line prints . Five (5) sets of storm sewer tabulations and updated AdlCPR calculations o Engineer's preliminary opinion of construction cost . Drawings showing additional project right-of-way needs (if required). I I I I r \ i 3.2 60.% Submittal In addition to the items in the 300/0 submittal, requirements for the 60% submittal shaH include the following: 3.2.1 Drawing Index Sheet 3.2,2 General Constnlction Notes related to best management practices, utilities including the proposed 20" water main, and other conditions relevant to the project. 3.2.3 Typical pavement sections shall indicating typical cross sectional slopes, median improvements, pavement requirements, right-of-way lines, sidewalks, curbs, gutters, and landscaped areas. 3.2.4 Plan and profile sheets indicating proposed piping (storm and water main) improvements and preliminary utility locations, 3.2.5 Erosion control and tree protection details, including best management practices applied to the project development. Existing private utilities, as available, such as gas, electrical, telephone, fiber optic, and cable TV, Typical Cross Sections Sheets indicating the cross slope from right-of-way to right-of-way, including drainage improvements and existing subsurface utilities. Cross-sections should be provided every 100 feet and/or at locations of potential concern. Utility relocation/adjustment details indicating utility conflicts, relocation design, proposed utility structures, and conflict manholes, design details, andspecific protlles, ifrequired, Stormwater management detail sheets, including details regarding best management practices, erosion control measures, drainage stnlcture designs, and related notes. Standard and non-standard structures shall be identified and detailed, Water main valves and tittings detail sheet ENGINEER's preli minary opinion of probable construction cost based on the 60% design submittal. 3.2.12 ENGINEER will review CITY's standard technical specifications and modify or supplement as necessary tl)r the project. 3.2.6 3.2.7 3.2.8 3.2.9 3.2.10 3,2. I 1 C:\windllws\TEMP\Pahm:llnscll(ll.ll.dlll: Pllg~ 6 of 12 Delivera bles: . Five (5) sets of blue-line prints . Preliminary technical specitications . Preliminary opinion of construction cost . Copy of SWFWMD ERP permit application package, . Copies of PinelIas County Health permit and FDEP permit applications, if required. 3,3 90%) Submittal In addition to items required at the 60% submittal, the following information shall be included with the 90% plan submittal: 3.3.1 Roadway geometry and profile shall include stations tor PCs, PTs, high and low points. PYl' s shall also be noted on the profile sheet. Pipe alignment geometry and profiled grade shall be firmly established. All storm drainage pipes and structures shall be identified and located on the P1an/Profile Sheets, Pipes must show: size, type, location, tops, throats and inverts. 3.3.2 3.3.3 3.3.4 3.3.5 3.3.6 3.3.7 3.3.8 3.3.9 3.3.10 3.3.11 3.3.12 3.3.13 3.3.14 3,3.15 3.3,16 All conflicts with existing or proposed uti lities and pavement to be indicated and resolution shown for all public utilities. Water main installation(s) indicating size, type, alignment and depth. Valves, fittings, hydrants and appurtenances shall be shown and called out on the construction plans. Sanitary sewers including size, slope, type and inverts of pipes. Manholes, if new construction, to be identified by location, size, type, rim elevation and inverts. Match lines as appropriate. and sheet number references at all continuation points. Maintenance of traffic plan, prepared per the FOOT standards and City requirements. Driveway reconstruction notes and general considerations, Details of utility conflict structures, Final proposed ROWand/or easement acquisition. Baseline traverse & benchmark location map. Completed detailed sheets as required. Standard and non-standard stmctures identified and detailed. Completed contractor notes and constl11ction notes. Completed information on title block of plans. C :\window!4\TEM P\Plllm~ll11llCllp\l1 .dl'll: PHg~ 7 of J2 ::.,:,I.~.l'" : \.;' \: ':.. ,.....: .';",:' :......'I,~ '_. ,~, . 3.3.17 Apparent encroachments such as fences, walls, trees, buildings planters, etc. called out as necessary. 3.3,18 Trees to be removed, 3.3.19 Sanitary sewer repair work. 3.3.20 Engineer's preliminary opinion of probable construction cost based on the 90% submittal, item descriptions, and contractor's proposal form. 3.3.21 The ENGINEER shall incorporate utility relocation drawings as provided by the private utility companies into the final constmction plans and provide a schedule for such relocation work, if necessary. 3.3.22 ENGINEER will prepare camera-ready technical specification sections called Technical Special Provisions (TSP). C:\windows\TEMP\PIIIIll~lIos~op.:1 ,dn~ Pilg~ 8 of 12 Deliverables: . One (1) complete set of reproducible plans . Five (5) sets of blue-line prints . Two (2) copies of the preliminary opinion of constnlction cost, item descriptions, technical specifications, and contractor's proposal form. . One (I) draft copy of Technical Special Provisions, 3.4 1000/0 Submittal The 100% submittal shall address the CITY's review comments. Work prepared and/or submitted shall be reviewed and checked by a civil engineer registered in the state of Florida as the ENGINEER of Record, The ENGINEER of Record shall sign, seal and date the design calculations, technical specifications and contract drawings as required by Florida law. Deliverables: . Final design drawings and technical special provisions in reproducible form . One (1) set affinal signed and sealed drainage calculations. . Five (5) sets of signed and sealed blueline plans. . Four (4) sets of signed and sealed Technical Special Provisions. . Final plans on CD-ROM (AutoCAD version 2000 or later). Plans will be produced on reproducible vellum and provided electronically on AutoCAD version 14 according to the following format, utilizing either Pinellas County or CITY cadd graphical standards. The survey plan shall be produced on stable-based mylar material, 24"x36" or reproducible vellum at a scale of 1"=20' unless approved othclwise, The ENGINEER shall deliver a 3.5-inch magnetic media computer disk or CD-ROM containing all project data in Land Development Desktop (LDD) R 1 or R2, format complete with all drawing files and associated project data ti I es, An AutoCAD Release F01ll1een (14) drawing, Acad2000 drawing file shall be submitted. NOTE: Pinellas County CAD standards will be Llsed by the ENGINEER and shall include all necessary information to aid in manipulating the drawing including either PCP, CTB or pen schedule for plotting. The drawing file shall include only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release, All block references and references contained within the drawing file shall be included on the magnetic media disk Also, a PCP, CTB file or a pen schedule for plotting of drawings shall be included on the disk. 4.0 Permitting Services 4.1 Environmental Resource Permit 4.1.1 The ENGINEER will attend a pre-application meeting with SWFWMD to familiarize them with the project and to identify any permitting issues of potential concern. 4.1.2 The ENGINEER shaII prepare and submit a completed Environmental Resource Permit (ERP) application to the District upon completion of the 60% design Phase. 4,1.3 If necessary, the ENGINEER shall respond to a request by SWFWMD for additional information. A separate coordination meeting shall be scheduled with the District to discuss any comments, if required. C:\windows\TEMP\Pahl1!:lIllSC4)Jl!: I .dnc ,," Page 9 of 12 4.2 Pinellas County Health Department & Florida Depm~ment of Environmental Protection 4.2. I Upon 90% c0111pletion of the drawings the ENGINEER shall submit to the PCHD & FDEP applications for modification of the existing water and sanitary sewer mains. 4,2.2 If required, the ENGINEER shaII attend a meeting with PCHD & FDEP to review and address design comments that the aforementioned agencies may have. The ENGINEER shall also revise the plans and resubmit to the agencies as required. The ENGINEER shall notify the CITY prior to meeti ng with permitting agencies to allow the CITY to send a representative to attend the meeting. ENGINEER will pay the required permit review fees for a SWFWMD ERP standard general permit. '. l " '~ " 't. '. ,. ." . ~~ , . " ;" ., . '. .', ",~ :.~.,...,. ' " .' 5.0 Construction Ph6:1Se Services 5.1 Prcconstruction Confcl'cuce ENGINEER will attend and participate in the pre-construction conference with contractor, CITY representatives, and other appropriate pm1ies, 5.2 Contractors RFI's The ENGINEER shall issue necessary interpretations and clarifications in the form of a Request for Information or RFI, of the Contract Documents in accordance with the Contract Documents. If required, the ENGINEER shall furnish in writing, additional instructions by means of drawings, or otherwise, as required for the proper execution of the work. 5,3 Shop Drawing Review The ENGINEER shall review all submittals within the times specified in the Contract Documents for compliance with the applicable requirements of the Contract Documents. ENGINEER's review and approval or other action shal I not extend to means, methods, techniques, sequences, or procedures of construction, or to safety precautions and programs incident thereto. The ENGINEER shall review and approve or take other appropriate action with respect to Shop Drawings and samples, the results of tests and inspections and other data that the Contractor is required to submit. The ENGINEER shall determine and advise the CITY on the acceptability of substitute materials and equipment proposed by Contractor; receive and review for compliance with the requirements of the Contract Documents, the maintenance and operating instructions or manuals, schedules, guarantees, bonds and certificates of inspection that are assembled by Contractor(s) in accordance with the Contract Documents, The ENGINEER's approval of Contractor submittals is a representation to the CITY of the ENGINEER's belief that said submittals conform to applicable requirements of the Contract Documents, unless specific written exception is taken by the ENGINEER. The ENGINEER shall not: A. Authorize any deviation from the Contract Documents or substitution of materials or equipment, unless authorized by the CITY. B. Undertake any of the responsibilities of the Contractor, subcontractors, or Contractor's su peri ntendent, C. Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of construction. ENGINEER shall I'eport observations of means and methods of constnlction to the CITY as appropriate. D. Advise on. issue direction regarding or aSSllme control over safety precautions and programs in connection with the work. ENGINEER shall, however, immediately repOJi to the Contractor and the CITY any safety concerns or violations which he observes. C:\wimll!ws\T~MP\plI"nlJlInsCup.;l.dnc Pa~~ )0 of 12 E. Accept shop drawing or sample submittals fi'om anyone other than the Contractor. 5.4 Site Visits The ENGINEER's Project Engineer will visit the site when requested by the CITY to determine if work is proceeding in accordance with the Contract Documents. This scope includes nine (9) site visits not exceeding (4) four hours per visit. 5.5 Final CCI1ification Upon notification from the CITY, the ENGINEER shall conduct a final inspection with the CITY representative in order to determine that the project is completed in accordance with the Contract Documents, and to evaluate any issues related to the punch list ENGINEER will certify to the permitting agencies, the record drawings provided by the CITY. III. SCHEDULE C:\windllws\TEMP\PlIllllllttllSCllp.:l,dl'lc Pag~ II of 12 , I I I i ! I i I I I . f I I I I I I I Services described herein wi II commence upon receipt by the ENGINEER of this executed Agreement and written notice-to-proceed. The services will be completed and delivered according to the following schedule unless it is modified by mutual agreement: 30% construction plans 70 calendar days 60% construction plans and permit applications 120 calendar days 90% construction plans 170 calendar days Final constmction documents 210 calendar days ENGINEER will observe the time limitations as set forth herein; however, should there be delays in receiving information frol11 others and in obtaining subsequent authorization, approvals and review comments from CITY and other governmental agencies, the schedule will be updated and adjusted as mutually agreed upon by ENGINEER and CITY, The ENGINEER shall not be responsible for delays that occur through no fault of ENGINEER. The schedule is based on the CITY providing complete written review comments to the ENGINEER within 20 calendar days of each submittal. I i I ! j I i ! I IV. CITY RESPONSIBILITIES The CITY will: a. Provide copies of all plats, aerial photographs, record drawings, and other available information and data pertinent to the project design within the CITY's files. b, Provide copies of any CITY standard drawings applicable to the project. c, Provide sample copies of CITY's standard contract documents and specifications. d, Acquire right-of-way and easements, including construction easements, as required. . . ~ .', . , . '. r' \ " " ,'. , . '. . e, Assemble the final Project Specitications IVlanual with its legal front-end documents, produce and sell contract documents to interested bidders. The City will also reproduce and distribute addendum to bidders, f, Obtain permission frolll property owners or the authorized representatives for survey, soil tests and other engineering tasks to be conducted on private property. g. Upon completion of the project, provide record drawings of the project signed and sealed by a professional surveyor licensed in the State of Florida. v. TASK ALLOWANCES In the event that additional professional services not anticipated or included in the above tasks become necessary for the satisfactory completion of the project, ENGINEER may provide the CITY with a scope of work and fee estimate for these additional services. ENGINEER will provide the additional services for the additional fee mutually agreed upon by ENGINEER and CITY, and upon written authorization from the CITY. The total fee for all authorizations under this task shall not exceed ten percent (10%) of the total fee for this Agreement. I . I C:\windoWll\TEMP\PIIIIllIlU(lllCllplll.doc Page 12 of 12 " Q I , , I , ~ \ I .. I t~ I \!i I z.. --0 0- ----r' --1 '-"-~ .-----.~-----f7-- g L:;) I") " ~l -1_ ~l ~I 5 -- ~ --- I . ~ -. ~: tr~Ui~ o--'y. .--.- ----'- II ~\.' '- '.'~" - '~ , ~~ o :-- Q, ~ \', ,\ \. 1\\ ~:~,'1i I() o 3AV ~ CI) o I ~ I I I I I I I I I I I I I I I I I I I ,or. .... ..'" I~), IS?~ ,-1 I I J I I I I I I I I I() ,... o I() ~ '\. '\ \ '\, '\ '\ \ \ \ \ \ \ \ \ I--------------~-------l I (CZ;-H-C6) as-f6 I 'S;I1H' I _____~:W~S03 ~~'~,OOI _ :+-=-_ _ _ ---I --:-.6t:-a9!i'------ I I ...."1 -nn ,01 I I L __J _.___~~ !:!?! lI"ill I - ~---------- ---.-- I I I II o ci 0- w a: If~ bfs -~~ S~ i~ ~"---J' - -.. >lOOHEl3Nld /I ~ WUl Ct::1- tnz 1.1J ~~ 3~ <0- a.~ roW l()C> < I-Z frl~ (30 Ct:: a. ~ OU ~~ ~ IAltoO ! W ZWBi ai ~Zi ~ ~ ~~D f~ ~ D.WIA"- e o~ w ::c en Ct:: ~ ~ 0: :> u.. 0 ;> olt ~ 5~ o w~ a ~~ ~-(.) ~- s .. < ... ... t:: = ~ ~ ATTACI-IMENT B CITY OF CLEARW A l~ER PALMETTO STREET DRAINAGE IMPROVEl\1ENTS PROJECT BUDGET Parsons Engineering Science, Inc. Subconsultant Task Description Services Labor Total 1.0 Project Management, Meetings, and Coordination 1.1 Project Management Plan $2,060 1.2 Progress Reports $2,215 1.3 Coordination $742 1.4 Meetin~s $4,306 1.5 Task Allowance (l0%) $932 1.6 Water Main Additional Services $863 $11,118 2.0 Ground Surveys, Geotechnical Services, and Utility Locations 2.1 Ground Surveys (Harry Marlow, Inc.) $12,340 $1,232 2,1 Geotechnical Services $4,300 $434 2,2 Utility Locations by Vacuum Excavation (10) $7,500 $725 2,3 Task Allowance (10%) $2,653 Water Main Additional Services (includes 3 2.4 additional utility locations by vacuum excavation) $2,588 $31,772 3.0 Final Desi!!D Plans and Specifications 3,} 30% Submittal $9,328 3.2 60% Submittal $13,272 3,3 90% Submittal $12,794 3.4 Final Construction Documents $4,838 3,5 Task Allowance (10%) $4,023 3.6 Water Main Additional Services $4,237 $48,492 4.0 Permittint! Services 4,} ERP Application $6,872 4.2 PCHD/FDEP $3,006 4.3 Task Allowance (10%) $988 4.4 Water Main Additional Services $453 $11,319 5.0 Construction Phase Services 5,1 Preconstruction Conference $412 5,2 Contractors RFI's $3,792 5.3 Shop Drawin~ Review $8,028 5.4 Site Visits $3,876 5.5 Final Certification $1,256 5.6 Task Allowance (10%) $1,736 5.7 Water Main Additional Services $1,474 $20,574 Subtotal, Labor and Subcontractors $123,275 Permit Review Fees $2,000 Other Direct Costs (prints, photocopies, postage, ctc) $1,714 Grand Total $126,989 Clearwater City Commission Agenda Cover Memorandum Flnol Agenda Item 11 Meeting Date: 33 04/04/02 SUBJECT/RECOMMENDA liON: Appoint Commission members as representatives on the Regional and Miscellaneous Boards listed below: and that the appropriate officials be authorized to execute same, SUMMARY: The City Commission is requested to appoint representatives to various boards that deal with issues affecting the City. Board (DatelTime of Meetina) DeleQate . Tampa Bay Regional Planning Council (TSRPC) (2nd Mon. - 10:00 a.m.) Jonson Suncoast League of Municipalities B.O.D. (3rd Sat. - 11 :00 a.m.) Performing Arts Center & Theater B,O.D. (PACT) (3rd Mon. - 5:00 p.m.) Jonson Aungst Mayor's Council of Pinellas County (1st Wed. - 11 :30am) Aungst Other Chi Chi Rodriguez Youth Foundation B.O.D. (twice a year - Mar, & either Sept. or Oct. - time/location TBA) Jolley Trolley Transportation of Clearwater, Inc, B.O.D. (Quarterly on 2nd Wed. - 5:30 p.m.) . Hamilton Hamilton C.H.J.P. Board of Directors (Last Wed. - 8:00 a.m. - Police Headquarters) Gray Continued Reviewed by: Costs legal NA Info Tech NA Total Budget NA Public Works NA Funding Source: Purchasln NA OCMI ACM Coptlol Current Fiscal Year 9 ImplovelTh)nt Risk NA Other NA Attachments Operating Mg mt Appropriation Code: Cl None , , . t. ,. .. " ' , _ . " .. '. 1 " ' . -2- Board (Daterrime of Meeting) Tampa Bay Partnership Board of Governors (as called) Deleaate Aungst Tampa Bay Partnership Policy Board (bi-monthly - 9:00 a.m,) Tampa Bay Estuary Policy Board (Quaterly - 1 :30 p,m,) Commission member highly recommended Gray Jonson Sister Cities Committee Gray The following boards have the specific term expiration date noted: Emergency Medical Services Advisory Council (EMS) (Annually on 3rd Wed. in March - 3:00 p.m,) (EMS Charter requires Mayor to serve as representative) Pinellas WorkNet Board (3rd Wed. - 8:30 a.m. - location TBA for each meeting) Aungst (term expires OS/2003) Gray (term expires 9/30/2002) St. Petersburg/Clearwater Area Economic Development Council Hibbard (Quarterly - time & location TBA for each meeting) (term expires 10/2002) Pinellas Planning Council (PPC) (3rd Wed. - 9:00 a.m.) Hamilton (term expires 12/31/2002) Pension Advisory Committee (PAC) (2nd Thurs. - 9:00 a,m.) Jonson (term expires 9/30/2003) Gray (term expires 09/12/2005) Gray 4/4/2003 Hamilton 4/4/2002 Hibbard 4/4/2002 Pinellas Suncoast Transit Authority (PSTA) (4th Wed. - 9:00 a.m.) Metropolitan Planning Organization (MPO) (2nd Wed. - 1 :00 p.m.) Long Center Board of Directors (LCBOD) (4th Tues. - every other month -7:30 a.m.) 2 CRA Trustees to DDB ex-officio: Hamilton & Gray CRA Trustee to Main Street Joint Venture: Jonson Hibbard (term' expires 9/30/2003) 2 I . , . . .. '.. . .' ". . I . Agenda: 4/4/02 I I I I ! Item #34 : - - - - - . - . . .' . ;'", . f.. ; J ' . . ,,' " /951 tikI.( 34 APPOINTMENT WORKSHEET FOR COMMISSION MEETING April 4, 2002 Agenda # BOARD: Community Development Board TERM: 4 years APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT: City of Clearwater MEMBERS: 7 & 1 alternate CHAIRPERSON: Gerald Figurski MEETING DATES: 3rd Tues., 2:00 p,m, PLACE: Commission Chambers APPTS, NEEDED: 1 alternate SPECIAL QUALIFICATIONS: board shall include members qualified and experienced in the fields of architecture, planning, landscape architecture, engineering, construction, planning & land use law and real estate THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Appointment Record Interest in reappointment Name 1, Frank Hibbard 2001 No THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address 1. Richard Avichouser 1621 Gulf Blvd., 33767 Realtor/Investor 2. Lawrence 0, Floyd 2463 Stag Run Blvd., 33765 Commercial Banker Revised 03/29/02 3, Nicholas C. Fritsch 1310 Gulf Blvd, #8-0, 33767 Retired (Economics) 4, Candace Gardner 736 Island Way #305, 33767 Retired Guidance Counselor 5, Rita Garvey 1550 Ridgewood St., 33755 Former Mayor 6. Douglas Hilkert 2227 Habersham Drive, 33764 past member Planning & Zoning Board Attorney 7, William Kirbas 34 Bohenia Cir" N" 33767 past member Parks & Recreation Board Financial Advisor 8, William McCann 1563 Turner St" 33755 past member Design Review Board Engineer 9. Kathy Milam 1828 Venetian Point Dr., 33755 Pres, Southern Hospitality Distinctive Group Services Zipcodes of current members: 33756 . Pliska & Hibbard 337!)9 . Gildersleeve 33761 . Mazur & Petersen 33767 . Moran, Hooper & Doran . . ..., " '- - . r' . ''.., . ~ .,...' '. \::It:f1L cy; \.:lnln uL.nVVln 1-\\)01'4 ur- nC:AL.IUMO; fC:f :J-J..:1 <JC:.<;Lf-j 3-2A-Olt 9:37AMiCITY CLERK DEPT. 1-':> Api' UJ ~; 1:>I"''''j.JOO 1~~;t"age 41~ i Ii!.' 00' ~voo IT"" CITY OF CLEARWATER - APPlICA rrON FOR ADVISORY BOARDS (must be Clearwater resident) Name:_ ~ \ ~ "Q.t> Home Address: e AVI~~,,~efL Office Address: I S'~ 7 /1111 t.\) 8 .. DON eow Telephone: ~ c:> Y , S" Jr I ZiD '3\l.t:.9Y 'w :\..\ ~ u t.. t=-- @> L.-. c..c... ~ f\. Zip 337(.) TelephDne: S'15...~ 0 &.4] How long a resident of Clearwater? ~ y IL ~ Occupation: ""l. b ~ L- -,..0 e. / I A.J V ~ ~ rtJ/'L. I FfeJd of Education~ ~". u ~.....F. 13 " LS , IV S'.s..s Employer. S S c.. P- Other Work Experience: I!-o y I2j 72-~"'c.. as T J 'Bu I'-OW c..- , 1\J..s v II /)o~t:.. eo If retfred. former occupation: .. community Activities: ~ e~ VC:-O -ro ~ l' c.. -OVA) e ~ ,.v ~pv I.sD t2 \./ I!>(J ~p S / Other Interests: "K.(!rr~~ Board Servfce (current and past): M~ fU~ A.D "l$ f! Q'f B f) 'Ft~ Co... L R..e" c ~ uJ c... CJ M N\ t ~ l-.oc.. q t.. PL~ N,AJ , d- ~~A.Jc..v o / Additional Comments: -- ,. ~ ~ '2... 'lit. .s 0 6J v ~ ~ I () 11..5 l ~ ed. FUCltL ~eVI.I?'tJ~ Cf J.oC.4L "'ut.uN'i~ ~"'..'" ,...[ J "?t As c:.k.....a~ (. t! , " " I ' ti ; ',. . ., .c,'.J"" . 11 j" , J Soard Preference: c...~ M Nt '" AI (E. Iqo :8) (JV\c.. e A .) -C lJ:"'1 , , ~t' v 6' ~ cI F'tf1 &t./T' tJ.D . . .......--- ......... Data; ~-, -OJ SEta attached list for boards that require Financial Disclosure at time gf appointment. PlellBe return this appllcatiM & board ques.tiDnn3ire for each board llated to: r....' t' ,\, n-.. , '. CIty Clerk., Department, p, O. Box 4748, Clearwater, FL 33758-4748 or drop off at City HaU, 2nd ,~'.:' '1'...., Floor. 112 S. Osceola Avenue " , ;,.,.1 (WCGt3) q - ( g .0 I - (~~ A f?> '\. {O - as -6 \ - ~) ~~c;~-f.>) f.L'Df))d- ,., -\~.~ (;, J- - ... V....l2.0-L ~ CO\tLl.~-L~~oe l-tCt'tl\.L6..-~ I{ "!..^-L ~ (] OVC;Q-LJi\...LLt e.~ l..t\.../~o:t V .Jl.}\.~ '. 6 0 CTl.Jl ~/\..u..i' cl uc.:Luu.oi:.. I :\tif( ; I"~ r.'l1lJ'( ,...,. _" '.... . f~.""""''''~'''''t' \Hm I.. 0 y. \.:In In \.1L..nV'lI n 1-\001'1 vr nt:AL.1 uno; f ~ / ;)v..:] (3~<f<f; 3-28-01; 9:37AMiCITY CLERK DEPT. BOARD OUeSTIONNAJRE U~ Apr Ul ~:l~~M;JOD 1~~;page ~/~ j 'l f ~t:l, 'tVtlt:l .". LI ... ~ l E' ~ . + """ 'l\ It:.e Ilee Q .M"',of."..., t> ~., )", N S. - 10 (C.OB) ~ ...,.. >' 1. Wnat il;l your under6t~"dlng of the b08rd's duti&s ~nd responsibilities? C t"" /V\ ~.._ 0 ,..; ~'IIr,..l "11 ,. I tl '\l oS. r/ (1 12 L ~ III [) v~ ~ ~ I..... ~--::J s -I a 12. '2.,0'" I AJ ..) C l.vw 8 e;.~ ...---.., l.. 2.. Have you ever observed a board mecrting either in person or on C~Vjew, the ChY'$ TV station? ye~ 3. What backBround andlor qualifications do you havt that you feel would qualify you to $C(ve on this Ek>~rd? 12:s""L"" r2 a. 0 ;'J!~"'1Zj 1-1 (. ~-cI.s B (). o tV DVA/6t)W ~.p,q) -' ~oI/l. C, Y, f?-'I/l J '- -=, -t . ~S p ell v EJ("'j '!-? GIfI (.. Y 4. Why do you w~nt to serv~ on thig Board 1 _'-(;I Aj ..,. /If'C ~ 'L._ _ I r y 1'l...J 1-0 C -+t.. ,Pt-.-:f.1\IA/1.tI.-S c:; ~... (n ....... ~ ~ M r FI E1'c..Q t:>. P llV;1!!' 11lJi: SI 5.. A.D..S t';f ,fALLS. ( ~ _r~"'-o ,+.C:..:". v I, & e " oF- o 1= tb I v, AI '='.... 0\ +c. ~ (C9B) . -- '" /(J ,41 y I J T~ Name-;j(1 ColA 1 flf) i41/IC-l..ofke@oard N~Mt: t.... t ~ e T ~ 'P"se-c... Co Aft M UoN ,.., Y / ... .,.'~ . '~\..lj I.;) I ;'<, )(lfl~ , . L.,..1 . (: t, '; \ i.~; I ~."""';;, I' .; '. '1\1' r \. , . I ' 1, 1 . . I ~ . t !. '. ':' .....:.... "~..':','....' '.,. , , 'w',,:. ." ,... ':'~l" ~':'::."""1~\:" ,.' .',-:,"". CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: jAtvJ21fltLu! 2) J fZ 0 Yo Home Address: ~Lf63 S1A-t ;eu~ ,f}Lv!J v4'11?? C TelePhone~')~') How long a resident of Clearwater? 3 Yf...5 Occupation: r ~ 'itA Me/oil ,(J/J/Y)('U Field of Education: 13 Aty J1;. "-1 C A h () r; /<f .LINe/-? 2 Office Address: 5;F ~ cPk (llfit-- A vl'i s7 ,ba//.2Z&"RL_;-C'L Zip 3d?tJ? Telephone: (~l.;) j~5 - o7ot - /0 PI DH 1#5 Employer: Cu,L 0 IYI~ L ;t!5/)w-r Other Work Experience: If retired, former occupation: Community Activities: oN ~,aen Or :5r A:;?T..z:/lS&.,~C /.vaS?' ~c/M7 cLvd' (?Af , I3rJ(J/Ji) F 74 ~ ~ :J7.Iv&S7'~r c".e,IJ ~ ~~Ii,;?L A~P.4 AffAY fr'4-7;~ ~OJ- l ~A (; ,4;po Other Interests: {; 1JR'b&.tt.-iyC Board Service (current and past): Board Preference: ~1'11 ;f1It v~ f -r r O&d~l1dl'Vr Additional Comments: Signed: c) dtp~ Date: ~~~c.vJfi/' cP; ~ c:J <J2- / See attached list for boards that require Financial Disclosure at time of appointment. .Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue ,. ' '. " ' . '. ',' . ' ,.'~. t . .' , . . , : ' .' , . ."' . . , . ,~ ..',' . , .' - .' , ! . I .' '." BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? ItA N 1) 1 dJ /nit Z?;52 j' C cJf'.c C (;~fq If ~ IV eel ry ;9L ~)/Y~ c IV c.~ tI- 2J PlJr LrJ 11-11 Pk7' r CC7I\tDvc..7s ffl'~;'YC5 _/lk 0 ()tfc~ i)6J C~rei.# ,(j,:;{'{/!.i/(J~~t..&/ I~."S '" ~;..-: J" /Ctff/ICw.$ !2d ~ ,;.9S?J ;"..e /A~(v v s/} _ 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Yd5- wAS g~hRd 7Ii-:2 ,(fcJM~.t..v ;100/ ~~O~C 43" "q.. PtM,(J~ 0 P Ol/RIZ ..30 Y~~125 AS A- A~11 t:J;Z~/u$e f1t.oS-r oP 71f~tE SP6l-rr AS ,4 ~~W1/'0Ct/~t.. ~t3Hb&e,:7Jfd ~CJ1)1v5 -::J. ,J'JAh4C&6 J..I.4lJ :10 At p~d'7 .20"1 "IYe AJ.l~ L4p.,~ {.I sa er3/prARb-t6'Iv7'. . ;rl1vs-r e:>,c !hy (1M~~ /-/45 d;dti~ k/,r4 V~f2rov5 /( 4k S /Ac1 Ak" :.t . uN ~ ~ Cl.JfJ'2nN7.Lr jV1 A/VI)..t.t2 tJ'7h(3~.5 - 8- ~ oNSm",cfiv'Y ~ c/~.s f,Nc. ~-r;7Lf:fL C:fLJ/~4J4 D ~8fl~ F,r/~Sr~~/~1H Wt.!' &fj?A-ta/~r~G>'Sf . 4, Why do you want to serve on this Board? ~ ".. /. f\ "- 7447' .,A1y Y d4f}S or 'ptfJcel!gecl2 AS ~ ,r,*,c A 4- kJ(;.U. d.td~7ff/d r t:-)f.../ I3d LJSd~L.. 7b flfd- CITy w 1fdA.6 .f-: 1... t l.,J ,-3 AND ./MIt--'Rd rhY 1-1- ~tn Name: Lp,II/r,~#~ur ..Q. F,LcJYt) Board Name: Co/fldl \;..y I ~y ;Jd.,tF.,L,r'p;;t-(/S~ CITY OF CLEARWATER -APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Nicholas C. Fritsch Home Address: 1310 Gulf Boulevard unit 8-0 ' Clearwater. 33767 Telephone: 595-6528 How long a resident of Clearwater? Occupation: retired Field of Education: Office Address: retired Telephone: nla eiqht years Economics Signed: Date: March 22. 2002 See attached list for boards that require Financial Disclosure at the time of employment. Please return this application and board questionnaire to the City Clerk's Dept. , ~ ., . . ., (l ,. I "J , . -,', I' " ' ,: "J i ", .. I.' . .~, . - , BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilrties? The board receives requests for variance, rezoninq and appeals to the City's Land Use Plan and Community Development Code. It evaluates the applicant's written submission aQainst the applicable sections of the code and or plan. Followinq the oral presentation by staff and the applicant. the board discusses the relevant facts and issues; ultimatelv renderinq a decision to recommend to accept or deny the applicant's proposal based on its merits. For flexible development proposals. it has final authority. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Previously. I have spoken in support or opposition to proposals to the Community Development Board or its' predecessor on three occasions. Addrtionallv. I have watched the proceedinQs on several occasions. 3. What background and/or qualifications do you have that you feel would qualify you to serve on the board? I have planned or directed the mechanical maintenance or coordinated the construction of a variety of buildinQs and on-site utility distribution systems for more than eiqht years. These qualifications will offer the board some additional insiqht into the impact of the proposals on the land and city infrastructure. In addition. I was the corporate administrator of the employee sUQaestion plan for more than 5 years which evaluated approximatelv 40.000 ideas with annual cash awards of ~300,OOO to more than $750.000 a year. Judqinq and insurina the fairness and equity of that volume of personal ideas with often misperceived value bv the emplovee is pretty tough evaluation. AmonQ those 40.000 ideas only one was appealed outside of the routine process and it was upheld i'1 a private meetino with the chair of the corporate committee. the emploVtge and mvself. 4. Why do you want to serve on the board? In the course of my contact with city commissioners, boards and staff I have endeavored to offer mv opinion with respect and inteoritv. I love the City and wish to contribute to its strenaths and vitalitv. Biograohical Sketch 1 Nicholas C. Fritsch Personal: . Married, wife Jena 23 years . Son, Allen . Daughter, Nicole . Clearwater resident 1993 to present 1310 Gulf Boulevard Unit 8-0 595-6528 Email: njonbeach@email.msn.com Education: . Butler University - 12 graduate credit hours towards Master's Degree . Purdue University - Bachelor of Science in Economics Work Experience: Eli Lilly and Co. (pharmaceuticals) 27+ years retired 1993 . Facilities management Dept. Head - mechanical trades for research & administration Senior project engineer - facilities services . M~terials management Dept. Head - warehousing and receiving Buyer - purchasing equipment and supplies Pinellas County 1995-1997 . General Services Engineering Specialist 1- construction of Criminal Justice Center and Jail . . Purchasing - Assistant Director KePro Inc. (Medicaid contractor) 1994-1995 . Manager, Administrative Services Military Experience: . Viet Nam veteran and active duty during Desert Storm . U,S. Army and Reserves - 30 years, retired . Colonel, Military Intelligence 1 As of March, 2002 Community Service: . Pinellas County - General Services intern II Partner in Progress Award nominee" 1995 .. Big Brothers and Big Sisters of Pinellas County 1999-2001 · Paint Your Heart Out Clearwater 2001-2002 . Sand Key Civic Association - past 1 st vice-president and treasurer and liaison to Barrier Island Government Council (BIG-C) . Jolley Trolley - past board member 1997 . Purdue University Club of Tampa Bay, secretary . Professional Placement Network for Pinellas County, past president Professional associations and experience: . Past President, VP and Board Member, International Employee Involvement Association (formerly, the National Association of Employee Suggestion Systems) . Reserve Officers Association - Life Member . Purdue University Alumni Association - Life Member . Community Association Manager license (inactive) Hobbies: . Volunteer service . Attending NASCAR races . Tennis , " ' .' t , . '" ; ~,'. .' ~ , . '" ' , . CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name:f.cvn.dM.J- 4~ Home Address: 73u ~~~I4ft. 3a5"" f!1d~lri~ Zip ~51'(P7 Telephone: (7 ~ '1) .J/ 4 ? .. 0 0 ~ 1/ How long a resident 0\ Clearwater? 'I()~. O~~f1on: ./tt.ud~~ Employer:,;/ ~<m' 1Jf<df1./eA<Md Field of Education: Other Work Experience: ~ I J,9-qu;. -lI.t.IJd~yt~ . --'3. s-~~~~d If retired, former occupation: ~ 4~R.../ I'~ /tJ-yr~ Community. Activities: ~ie /l~ - ~...;'~ ?3 Office Address: ~ . Zip Telepho~ '- Signed:{lf1/>1flMJ- ~ ~. {!(~~Qr>g~ Date: 7JlpJtfJ,J':<' tj ;Z c;CJ ;;2- See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. 0, Box 4748, Clearwater. FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue ~ . , "... "- ~. , . , ' ,I . ~ ': ., _" ''", " .. ,~:. I , I " , . '," " \,. \ '.' I ' .: " . , . . ' ,': " . ." . . " '~t," . .' oJ. \ BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? ~~~d~~~~ rul6~)~~~~ ~lfu~~~. ~a.U;.bJ .:t-M ~~cp;-~ ~~9i~ 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? ,. 1fP 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? 17f-'rf~eYJ~&./Tv~ ~~ d4f, ~~ ~. ., 4. Why do you want to serve on this Board? ~} ~ .~ P&-ifeAcM/ ,~ tfJcP-1.l /d?1A. Q/--AC//lil~ J-?~ ~a-nd~-/~~L' GI~ ~~ Name: Clvrr/ctf11 ~~N .. Board Name: . "~ ' . " . '" ~ ...' I .' ( If..,.. "" . " 't " ", 1, : ~}..' " I '." i 0...,' ,~ " ~ ~.... ' '. ~ '. ~ ',.:.: t..! ."'" !' . ': ~ Name: CITY OF CLEARWATER -APPLICATION FOR ADVISORY ~3t:~~~Er\/E[; (rnust be Clearwater resident) JUN ? '0 ;:,Dll~ tcrlt GAt.U E j CITY CLERK DEPAR1MEN I Home Address: /6"".S 0 fu Gf tUd 0 JJ ,-5 T ' ('~L fA) K zip3S/J---S-- Telephone: 7:;2 7 -- t/t/~ .... . ;g'cjS- Office Address: Zip How long a resident of Clearwater? Occupation: Field of EdU~~ -<B/l- - S~ Telephone: LxJ If retired, former occup Community Activities: 6~, ..;..-- Employer: Other Work Experience: Other Interests: Board Service (current and past): L 11>~ If!- Y fj() fl. 1) Board Preference: . ~ "- ~/ e/WYJU0U'-lj/J If Additional Comments: Signed: Date: IJ ~ ;9 - () I See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. 0, Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue VI'llo').~ !w.p OK J Vrf, .. .. ~. '. " ':.. '.,. .". " ,~,", .:..;,. - _' . , ' r .,: -: ,... ' ;.. . J - " BOARD QUESTIONNAIRE 1, What is your understanding of the board's duties and responsibilities? /" .-tJ n , i tt,L vLO L,t~L f 3, What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ~ twfi-IML(~ #\- ~ ~ ~. Why do you want to s~rveo~ this ~ '~~-!J ( ,b ..~ ^ ~JL- ffi-. ~ d~ r ;t - , ~~- Name: Board Name: tL26 ~. '" ". ' -'~ ' " ' " '. , \' ." .' '. .~ \ ' . ~'. .,.. " " ., . ,. . \ , .., ..' . \, .. " .. I ,.' . I '. ' . , . .,. '., ,', CITY OF CLEARWATER. APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Douqlas L. Hilkart Home Address: 2227 Habersham Drive Office Address: Telephone: (7~7) ~2~-14~9 How long a resident of Clearwater? Occupation: Attorney -. .' Field of Education: B.A. Southern, Nazarene University 4~ years 2557 Nurserv Road, Suite A GJearwater, FL Z~ 33764 Telephone; (727) 507-9559 (25 plus in pinellas County) Employer. Dougla~ t Hilkert P.1\. Other Work Experience: Clearwater, FL Zip 33764 J.D. stetson University C~11eae of Law If retired, former occupation: Community Activities: Chairman Planning and zonin~ Board; Vice-Chairman ~~~r~p.r ~~ViA~ ~nmmi~t.AA Other Interests: Board Service (current and past): p & z Board Preference: CDB Charter Revialt Additional Comments: Signed: Date: February 15, 1999 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue \ I, '7/0 I - V ('. ; \ +;'.e d 'I/idlo~- II cO''! +i Vt u -e d (~-\-e re. 5+ II t I Tn I Tn ':lC'lt-4.J I ':.J":J'l-,TU '-' CH-'~.II""ln,., Cllc_,nl'._/""/ . 1-' . C T ~ = .:: .. I~ T 1_'" .,.,t\':.. ., .,.'.. ~J.., . . ,.,.. I '~.' 14. :.'"",,..l-" ",.." ,.;l".[~..'.. ..,~. :..,;, .'...! :..., .~~ " ~...',,''', CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Home Address: WTT.T.T:z\M P T-<TRBAS Office Add ress: 10. 34 Bohenia Circle North Clearwater, Florida' lip 33767 Telephone: 446-4870 How long a resident of Clearwater? Occupation: Financial Advisor Field of Education: Telephone: lR YPrlrs Employer: Ame~n Express Other Work Experience: 'R ~ -\-1 r~d ' Associate degree, engineering Maqnetics engineer B.S. degree, physics & mathematics M.B.A. degree, finance & marketinq Plrlnt: MHnrlCJpr General Manager If retired, former occupation: n/a Business o'\vner Community Activities: Director, Jolley Trnllpy, Dirprt.nr ~ VP ~lPHrV1Ht:pr Beach Association Other Interests: Woodworkinq and mechanics Board Service (current and past): Board Preference: Parks & Recreation Community Development Board Parks & Recreation Board Additional Comments: Signed: ?t!QJ~ Date: April 13, 1999 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, p, O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue ,ff:r~ J4: f'j .~~ J[ "'I l~~ '~J) I jc, /0 I - ~ f (j Al b o,.e" \ \ ')+ s \ I'~ 10:). - I. · . .. " .~ p P 71..:j. "'j'OI:'llg .\ I \ ~:L'J \.. .'~ r.~'" V' ,",. . ,..... ~ I" I~'''''' -''J.. r to'; J 'I ~,~ L t.: :H\ lh.= J,;I J ' " ' , ' , ", , ' : , ' , . , '..' ., '. " . ~ . ; BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board is a comprehensive administrative board that has assumed reponsibilty of prior multiple board activities involving zoning and land use, development code adjust- ments, design review and planning. It is this board's obligation to conduct public hearings relating to petitions brought before the board by residents and interested parties. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Many times as well as serving on the Parks and Recreation Advisory Board for four years. 3, What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have the academi~.:_: background and work experience to qualify me in rendering fair and sound judgment regarding matters of, development brought before the board. I have engineering and financial training that would assist me in comprehending and evaluating matters under discussion. 4. Why do you want to serve on this Board? I have been a resident of Clearwater for over 18 years. I've addressed the city commission and various boards relating to codes, planninq and zoninq. I'm more than familiar with the affairs of the City, past and present. I'm interested in enhancing tha quality of life for our Name: residents and I would offer my advice to achieve it. , 'n:1~"';;~ f'~ .~~ '1\ '7 ~~ D Wi] liam P. Kirbas Board Name: Commllnlf:y'D'pveWpmpnt .,' I (! ,'nf)() ,'\, ~ ~ t", '.. u ~:'J~J.., .' ,". .....1/ '-;:-';' 'or ,". ,'..t"',O. J :~1 "-.."t:i"\' J. >>t=.~ :.: ( :; . ~,"'~..,. _ 1 , '''' . , . . .' ~ - , " ,~ ' , '. .,.. ~ " '1. '.' '~_..,' :. :. v ~ ~ !"" '." ~ ~' " ~.' : ". ,_' ", ~ , ,'~ .-.... " f' " J ,\. . , , . " .'. It' . " . , Name: CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) iAJ;//;Jg-/YJ J. /j/) C'L/J~N, j:)6- ,,; Home Address: Office Address: 15~ 3 TuRttJ6~ srreC;:EI IbZ 5D. CL€./:};eWFfTr:;-,e. J FL Zip 3376b C!LEPrILW/T7e;R ,./ Telephone: 7 Z 7 - L.f 'I s - 7 ~ ~ c) Telephone: 72-7 - How long a resident of Clearwater? 5 ~2.. eq 1'5 Occupation: PIE'DF5SSI~AL EIJ~)J...lt5-t::;e Employer: 1-1. .~; EAJ I~E5,e1AJc; jJJc_ l/= PU9u,ufElC:- Field of Education: Other Work Experience: {!., v J L t ST re.vc TVtE'-1't<- 6.;6 JI06fr/(,)t, -t:J ~C-tt\. : <~ ~ E '" 'jl" ~ eV \ h ~ el'! v:- tP€T~/tJ.vlf}L- A,&3I.1,u/AJG-:\aL{ s., 6-\:\ c:~~,-€..,v- !,; ~ Lt --3-~"( If retired, former occupation: Community Activities: c,)/AIR.r'~P'~ I br=S'/6p 1?61I)g~ t304teo ~~lf1c!t.JJ.. j:::EU?P f3~ev...,q.s C],u~ S";'",.mFL>L.I 'f3Mea pi Dldrc7~'S Other Interests: Board Service (current and past): 7)€SSI&~ K/51//€0 ~D~160 Board Preference: {'OMJVlVtl//T1 UevEiUJI'Wl7.<17 73019,ep Additional Comments: Date: ~~ /1 )'1'11 Signe : See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue '- '1i"n./ If:''l.' '~. ~. 17" 1\1''[(':'''' 'ii\\ ( /0 1_ ~p on ( \~+- I., r, 'I; ,u~, 1L ~ !!iJP)' I ' II \ \ I FE 8 1 "( 1998 / /';/ / ().1 - (~rrv t'; .~. '~",., 1"" ,:.:..".. . "1..,,\.. t \i~'" J) ,~.." r . ri """-. ( J J'. . . : ~ ~ ... .~ ,. .. . /" ..' I 0 I ; . ..' . ' '.' '" . .' : t . . . . . WILLIAM J. McCANN, P.E., P.P. Licensed Professional Engineer and Professional Planner 1563 Turner Street Clearwater. FL 33756 727 -443-7660 BACKGROUND and PROJECTS CIVIC Chairperson - Design -Review Board - City of Cleanvater. FL Board of Directors - Keep Pinellas County Beautiful. Inc. Member - Planning Board - Atlantic Highlands. NJ - 1977-78 Member - Zoning Board - Atlantic Highlands, NJ - 1975-76 PROFESSIONAL LICENSES Professional Engineer - Florida - 1996 Professional Engineer - New Jersey - 1972 Professional Engineer - New York -1972 Professional Engineer - Pennsylvania - 1974 Licensed Land Surveyor - Pennsylvania - 1980 Charter Member - American Institute of Certified Planners - October 1978 Certified by examination AICP Professional Planner - New Jersey - 1972 EDUCATION Master of City & Regional Planning - Rutgers University - 1978 Bachelor of Engineering (Civil Engineering) - Manhattan College - 1967 RELATED WORK EXPERIENCES and DESIGN Commercial Carnegie Center - Planned Unit Development - 550 acres - 3.3 million SF Planned Corporate Headquarters Office Park. 350,000 SF Commercial retail, 900 multi-family residential units Market Fair at Meadow Road Shopping Center - 350,000 SF Gateway Shopping Center - 225,000 SF CIVIL and SITE DESIGN Planned Unit Developments. Planned Residential Developments. Single Family. Townhouses, Condomiums, and Garden Apartments, Retirement Communities. Subdivisions and Site Plans for office buildings and shopping centers Site layout, grading, earthwork quantities, railroad track design, utility services. Drainage systems, detention and retention basins. infiltration and exfiltration systems. Sanitcuy sewerage systems, collection mains, lift stations, force mains. regional systems: interceptor trunk lines, pump stations, force mains and package treatment plant designs. tr:r ff:(J it; J~? JI \1l !E~ l~ t::[n ,! ;;: 1qq(J 10', r1'\: ..-, '0' ,.,"'..'....::.. I"'~' .!~..~;~f...Jl.~.. CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS, (must be Clearwater resident) Name: :\( (A"\- \. " \'\ " \c, 'W'\ I Home Address: \ ~ 2 <l \l e \',e\-'! C\V\ ,\\. \J. c \ eC\y l.J.J~-\~ '('~ F l Zip 33 f)S.s- Telephone: 1./(,/- /9::2. 9 How long a re~nt of Clearwater? ,2/ If Y'S Occupation: lieS- Office Address: _~ q ~11 e.... Zip Telephone: /!~/.- 0 S-~ 7' . Field of4atio~: j . {}S~ll<(" ~ / ./ . Other Work Experience: . If retired, former occupation: Other Interests: Additional Comments: Signed: Date: See attached lis' for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? 2. Have you ever observed a board meeting either in person or on C- View, tho City's TV station~ ? 3. What background and/or qualifications do you have that you feel would qualify you to serv~ oJ-this Board? ' ;j ~~ ~ '-=:::- c;:>?/'- , /RJ- '~~ e~ 4. Why do you want to serve on this Board? - kdZ- -----;1----- . C:L L._..0_._~~_ '___ , . ,.' r' ~ .... ..: ~ ;. '." . . 1 . ',; "~-'," . f .' . \ . I ~ . _ . . '. .. '. . . '. ~ .,.' .') " . -, I..". , ..' .. o' " '.. .- . . "'. . EO-awl( ,~(- , 35 Return to: Earl Barrett Engineering Department City of Clearwater P. O. Box 4748 Clearwater, FI. 33758-4748 Parcel I. D. No. 20-29-16-00000-330-0700 GRANT OF EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid to it, the receipt of which is hereby acknowledged, and the benefits to be derived there from, THE GRAND BELAGIO AT BAYWATCH, LTD., a Florida Limited Partnership ("Grantor") 1101 North Lake Destiny Drive, Maitland, Florida 32751 does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"). an irrevocable, nonexclusive easement over, under and across the folloWing described land lying and being situate in the County of Pinellas, State of Florida, to wit: A parcel of land lying within Section 20, Township 29 South, Range 16 East, Pinellas County, Florida, as more particularly described and depicted in EXHIBIT "A" appended hereto and by this reference made a part hereof. This easement is granted for the limited purpose of operating a sanitary sewerage lift station connected with Grantee's public sanitary sewer system to serve, among others, adjacent properties owned by Grantor. The Grantee shall have the right to enter upon the herein-described premises and to construct, install. inspect, maintain, reconstruct and alter as necessary thereon a lift station to be utilized in connection with the discharge of sewage. Grantee shall be solely responsible for obtaining all governmental and regulatory permits required to exercise the rights granted herein. The Grantee covenants and agrees with Grantor that it shall promptly restore the easement premises upon completion of any maintenance operation or project undertaken in the exercise of rights granted herein. Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the herein described easement premises, that Grantor has full right and lawful authority to grant and convey this easement to Grantee. and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. This easement grant shall run with the land and shall be binding on and shall inure to the benefit of the parties hereto, their heirs. successors or assigns. ....~. ':i':' . ~. .. . . ~" . .'. ~ l' ~. . I '. 4-..... (, ." t," '. : . ('. ".' .', ' " " . ". , ' '. . ' . . , . .' . , Page 2 - Sanitary Lift Station Easement Grantor: The Grand Belagio at Baywatch Grantee: City of Clearwater, Florida RE: Parcel I. D. 20-29.16-00000-330-0700 The parties mutually agree and covenant with each other that in the event the Grantor, its successors and/or assigns, should ever desire to have the lift station relocated in connection with the development, or future redevelopment of Grantor's property, the lift station may be relocated to a mutually agreeable location, provided, as a condition of such relocation all associated costs and expenses are paid by Grantor, its successors and/or assigns, and Grantee shall be held harmless from all related costs and expenses of such relocation. IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed in its name this .5 day of r4;:.J!I,I#i1'AJ.r-ey , 2002. The Grand Belagio at Baywatch, a Florida Limited Partnership By: STATE OF FLORIDA : 5S COUNTY OF ORANGE Before me, the undersigned authority, personally appeared Christopher DelGuidice, as President of GBB, INC., a Florida Corporation, the General Partner of THE GRAND BELAGIO AT BAYWATCH, a Florida Limited Partnership, who executed the foregoing instrument on the day and date first above written, and who acknowledged before me that he is duly authorized by the board of directors of said corporation, and did execute same on behalf of said corporation and said limited partnership for the uses and purposes herein described. He is personally known to me or hai ~rodueed as identific~U,*,. (seal) tary Public - State of lorida .:J)"N';I~ L. ~~eA- Type/Print Name .~!J"" '" DONALD L KAFKA t,~~":'::: MY COMMISSION' CC 956774 ~: .~~ EXPIRES: t40vember 24. 2004 ~io;: ~..''i IloncIId ThnI Notary P\lbIC UndllWrIII'I "'h.,' THIS IS NOT A SURVEY N87'S4'J\ "E 0.28' UNPLA TTED LANDS West Boundary Line of The Grond Bellogio at Baywatch UNPLATTED LANDS o C"/ POtNT OF BEGINNING &..J I Concrete Slab:g rtl ;.... f'l o z .~ S67'S4'37"W 14.00' l.<J I . -0 f'lo 10' f'I~ 5C"/ z 589'\ 9' 46"E 12.24' t-J !D o q N S89'9'46"E 12.00' }'oJ N;.... . ,., ~ ai ... ..,. o ,., z UNPLATTED LANDS o 5 10 ~ b. SCALE: 1" - 10' 20 I POINT OF COMMENCEMENT Southwest corner of Section 20, Township 29 South, Range 16 East EASEMENT DESCRIPTION, A parcel of land lying within Sections 20 and 29, Township 29 South, Range 16 East, Pinellas County, Florida. 0'1 3: "'0 ..; C Q) E Q) Ul o Q) >. ~ Commencing at the Southwest corner of said Section 20; thence 589"19' 48"E, a distance of 710.00 feet; thence N01"26'21 "E, a distance of 349.37 feet; thence 589" 19' 48"[, a distance of 12.00 feet; thence N01.26'21 "E, a distance of 246.00 feet; thence S89"19'48"E, a distance of 250.76 feet to the POINT OF BEGINNING; thence continue easterly along said line, a distance of 12.24 feet; thence N01"27'05"E, a distance of 20.27 feet; thence NSi54'31 "E, a distance of 0.28 feet; thence 502"47'50"[, a distance of 29.00 feet; thence S87"S4"37"W, a distance of 14.00 feet; thence N02"47'41"W, a distance of 9.36 feet to the POINT OF BEGINNING. Containing 147.31 square feet, more or less. :;:; ? 0'1 Q) I ~ ~ ~ IJ.m ...., '1"=10' 9/4/2001 o ~~~ N 1180-002-003 o ~ o CX) -- ~ Q) > .... ::J ~ o Oct Grand Bellagioj Venezia at Baywatch Offsite Pump Station-Utility Easement D.BAmi CRF SECTION 20 ~ CRF TO~SH1P 29 SOU TH CHECKED AFO ~ 16 EAST .. Altg.g PHONE 113 " 180 " IIlIlII f"AX .'3 . 8lIO . IIlIlI2 [-Mo\lL ...'I.........'9~ ~u~_.c/ ALLAN F. OSLUND PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA # 4659 CERTlFICA TE OF AUTHORIZATION No. LB 2610 Sheet -L of ENCJINI!I!RINC; 4e21 ~ IIGNWAY OM[ MDIOllW. c:ocmt. SIJ'It .JClO r~ f1JIMl" 3.1634 1 29" 2001 - 3: 29pm '. I, ,.,.' .,- ... ; . :.,. .. '. , ..: I,' '.: ':. - . ,,' ~':""'~...:.. '" ClealWater City Commission Agenda Cover Memorandum Work Session Item #: PD/ oJ Final Agenda Item # _. ~~ C_ O!. / () 4 / 0 2 Meeting Date: SUBJECT jRECOMMENDATION: Adopt Resolution 02-21 authorizing the Mayor. on behalf of the Clearwater Police Department, to execute the "Tanlpa Bay Regional Domestic Security Task Force Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreelnent and Memorandum of Understanding" allowing voluntaIY cooperation and assistance of a. routine law enforcement nature across jurisdictional lines and operational assistance by and among participating law enforcement agencies within the State of Florida to promote domestic security, mJ and that the appropriate officials be authorized to execute same. G Mutual aid agreements between law enforcement agencies are authorized by Chapter 23. Florida Statutes. for rendering voluntaIY assistance of a routine law enforcement nature to one another across jurisdictional lines and providing operational assistance. . The principal goal of this agreement is for the prot~ction of Florida's public safety and security, and the successful prosecution of criminal violators who threaten to. or have actually endangered safety and security in Florida or elsewhere. Current FY Funding Source: CI OP Other . The agreement joins agencies together to form a task force with its principal operations within the Florida Department of Law Enforcement Tampa Bay operational region. The agencies joining the task force agree to utilize applicable state and federal laws to investigate and successfully prosecute criminal cases, and to pursue appropriate civil actions against those involved in criminal acts that are, or are related to, terrorism in or otherwise affecting Florida. . The task force will promote the responsible sharing of anti-terrorism intelligence and investigative information gathered in Florida with federal terrorism task forces as well as with state and local law enforcement. . Each of the agencies joining the task force may r~quest and render law enforcement assistance to other agencies, to include but not necessarily be limited to, terrorist attacks, conspiracies or solicitations related to terrorism, terrorism-related law .....:y.., legal Budget Purchasing Risk Mgmt (J}VJ ~ N/A N/A Info Srvc Public Works DCMlACM Other (Fleet) Originatin: D1t: POlic~'*f(~ Prepared by: Sherry Hunt User Dep . Poli .. /~ Costs Reviewed by: Total Attachments '.... Res 02-21 Submitted by: City Manager u~ lEl None Appropriation Code: Printed on recycled paper Rev. 12101 enforcement emergencies, aircraft disasters, fires, and incidents requiring utilization of specialized units such as bomb disposal units or special weapons and tactics units for operational assistance. . The duties of the task force will include, but not be limited to, collecting and disseminating terrorist-related intelligence and investigative information, participating in emergency responses to terrorist incidents, identifying and seizing terrorist-related assets that are subject to forfeiture, and improving Florida's ability to detect and prevent potential terrorist threats. , 2 ".. .._-.............._...l"...-.~.'.,.' ,..~.. .,~,... RESOLUTION NO. 02.21 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA. AUTHORIZING THE EXECUTION OF THE "TAMPA BAY REGIONAL DOMESTIC SECURITY TASK FORCE COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT AND MEMORANDUM OF UNDERSTANDING"; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater pursuant to Section 23.1225(1), Florida Statutes, is desirous of entering into an agreement that allows voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and operational assistance by and among participating law enforcement agencies within the State of Florida; and WHEREAS, the City of Clearwater has deemed it to be in the best interest of its citizens to enter into the "Tampa Bay Regional Domestic Security Task Force Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of . Understanding"; and WHEREAS, Section 23.1225(3)(b), Florida Statutes, states that the mayor or chief executive officer of a municipality may enter into a Mutual Aid Agreement on behalf of a law . enforcement agency if authorized by the governing body of the municipality; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby authorizes the Mayor, on behalf of the Clearwater Police Department, to execute the "Tampa Bay Regional Domestic Security Task Force Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding," a copy of which is attached hereto, between the City of Clearwater and the other participating law enforcement agencies within the State of Florida. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of ,2002. Approved as to form: Brian J. Aungst Mayor-Commissioner ~l\w~th- Robert . urette Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk P D' ?,' :.Jt.o '-1'"1 " U D I TAMPA BAY \l. REGIONAL DOMESTIC SECURITY TASK FORCE i COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE I\1UTUAL AID AGREEI\IENT AND MEl\10RANDUM OF UNDERSTANDING This Combined V oluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding is entered into by and between the below subscribed law enforcement agencies, in furtherance of their respective duties under law. Parties to this Agreement The Florida Department of Law Enforcement Hillsborough County Sheriff's Office Pinellas County Sheriffs Office Polk County Sheriff's Office Manatee County Sheriff's Office . . Tampa Police Department Saint Petersburg Police Department Clearwater Police Department 1. A designated command or supervisory-level representative of each Party listed above shall serve on the Tampa Bay Regional Domestic Security Task Force Steering Committee. The Steering Committee shall have plenary supervisory authority over . RDSTF planning and direction. Sheriff Cal Henderson will initially serve as chair of the Steering Committee, with FDLE Regional Director James D. Sewell serving as co-chair. Additional parties may, at the request ofFDLE and with the approval of the Steering Committee, enter into this Agreement at a later date as evidenced by their signing of this Agreement. Any party may cancel its participation in this Agreement upon delivery of written notice of cancellation to the Florida Department of Law Enforcement, P.O. Box 1489, Tallahassee, FL 32302. I ! I i I I J I I 1 2 Intent Statement, Task Force Goals and Provisions for Voluntary Cooperation to Be Rendered 1. The undersigned agencies have joined together to fonn a task force (hereinafter referred to as The Tampa Bay Regional Domestic Security Task Force or "RDSTF"), with its principal operations within the FDLE Tampa Bay operational region. 2. For purposes of this agreement, the tcnns "terrorism" and '~terrorist" shall have the plain meaning as derived from common usage. However, should one or both tenns become specifically defined in Florida Statutes, such definition or definitions shall apply thereafter. 3. The duties of the RDSTF are to be performed in conjunction with FDLE and include, but are not limited to: a. collecting and disseminating terrorist-related intelligence and investigative information; b. participating in emergency responses to terrorist incidents; c. . conducting criminal investigations of, or related to, planned, suspected, attempted or actual terrorist incidents or attacks or solicitation to commit such acts; d. identifying and seizing terrorist-related assets that are subject to forfeiture; e. coordinating with, and supporting, federal law enforcement anti-terrorism efforts, to ensure a seamless effort in preventing, predicting and responding to terrorist attacks; . f. improving Florida's ability to detect and prevent potentia] terrorist threats; g. facilitating and promoting ongoing security audits and vulnerability assessments to protect critical inftastructures; h. assisting FDLE in the coordination of law enforcement disaster response teams deployment in response to terrorist incidents; 1. coordinating the delivery of training for public safety first-responders and disaster response teams within the RDSTF region; and supporting the purchase of proper equipment for public safety first-responders and disaster response teams within the RDSTF region; J. improving Florida's response and recovery capabilities in dealing with potential or real terrorist incidents or attacks; k. promoting better public awareness of how suspicious infonnation or incidents may be reported and how to respond should an emergency related to a terrorist threat develop; and 1. promoting and assuring within the RDSTF region the responsible submission of infonnation to, and use of, the Florida Domestic Security and Counter-Terrorism Intelligence Center and the Florida Domestic Security and Counter-Terrorism Database established within the Florida Department of Law Enforcement. 3. The undersigned agencies, as the RDSTF, agree to utilize applicable state and federal laws to investigate and successfully prosecute criminal cases, and to pursue appropriate civil actions against those invol ved in criminal acts that arc, or arc related to, terrorism in or otherwise affecting Florida. 4. The subscribing law enforcement agencies are so located in relation to each other that it is to the advantage of each to receive and extend mutual aid in the fonn of law enforcement services and resources to adequately respond to: 3 a. Continuing, multi-jurisdictional criminal activity, so as to protect the public peace and safety, and preserve the lives and property of the citizens; and, b. intensive situations, including, but not limited to, manmade disasters or emergencies as defined under section 252.34, Florida Statutes; 5. The undersigned agencies have the authority under Part 1, Chapter 23, Florida Statutes, "the Florida Mutual Aid Act," to enter into a combined mutual aid agreement for law enforcement service which pennits voluntary cooperation and assistance of a routine law enforcement nature across jurisdictional lines and provides for rendering of assistance in a law enforcement emergency. It is the intent of this agreement to assure the continued functioning of law enforcement in times of emergencies and in areas where major law enforcement efforts would otherwise be thwarted by jurisdictional barriers. 6. To provide for voluntary cooperation, each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other in dealing with any violations of Florida statutes prohibiting activity that could be considered acts of terrorism or otherwise related to terrorism, to include, but not limited to, investigating violations of Sections 790.161 and 790.1615 -790.165 relating to bombs, destructive devices and hoax bombs; Section 790.166 "Manufacture, Possession, Sale, Delivery, Display, Use, or Attempted or Threatened Use of a Weapon of Mass Destruction or Hoax Weapon of Mas~ Destruction"; Section 860.16, "Aircraft Piracy"; Sections 876.22-876.31 "Subversive Activities Law"; Sections 876.37-876.51 "Florida Sabotage Prevention Law"; homicides; kidnapping; RICO; money laundering; attempt; conspiracy; solicitation and accessory after the fact. 7. To provide for operational assistance, each of the aforesaid law enforcement agencies hereby approve and enter into this agreement whereby each of the agencies may request and render law enforcement assistance to the other to include, but not necessarily be limited to, terrorist attacks, conspiracies or solicitations related to terrorism, terrorism-related law enforcement emergencies, aircraft disasters, fires, and incidents requiring utilization of specialized units such as bomb disposal units or special weapons and tactics units. 8. The RDSTF will promote the responsible sharing of anti-terrorism intelligence and investigative information gathered in Florida with federal terrorism task forces as well as state and local law enforcement. 9. The RDSTF will encourage cooperation with Public Health components in combined criminal and epidemiological investigations. 10. The RDSTF will be responsible to a statewide, multi-agency oversight board, consisting of representati ves from FDLE. Florida Sheriffs. and Florida Police Chiefs. 11. Nothing herein shall otherwise limit the ability of participating RDSTF members to provide, as provided by or allowed by law, such assistance in any enforcement action as may be lawfully requested by a law enforcement officer having jurisdiction over an incident, crime or matter under consideration, or as may be authorized by any other lawful agreement involving a participating agency. 12. The Parties to this Agreement are contributing personnel and resources in support of the RDSTF efforts, with the operations of the RDSTF being coordinated with FDLE and other RDSTF members. Procedure for Requesting and Authorizing Assistance Officers assigned to RDSTF operations pursuant to this agreement shall be empowered to render enforcement assistance and take enforcement action in accordance with the law and the terms of this Agreement. Execution of this agreement and continued participation by FDLE and one or more RDSTF member agencies shall constitute a general reciprocal, continuing request for and granting of assistance between the members of the task force which shall be considered authorized in accordance with the provisions of this Agreement. No additional or specific fonnal request for assistance is required. 4 Jurisdiction, Command and Supervisory Responsibility 1. The principal site of RDSTF activity shall be the FDLE Regional Operations Center, located at 4211 North Lois A venue, Tampa, Florida. When engaged in RDSTF operations that have been approved by the Florida Department of Law Enforcement, as contemplated by this Agreement, RDSTF members that do not otherwise have jurisdictional authority shall enjoy full jurisdictional authority anywhere in the State of Florida, although principally focused within the region, with full power to enforce Florida laws and avail themselves of the provisions of this Agreement. 2. RDSTF members operating outside the jurisdiction of their agency shall not enjoy extra-jurisdictional authority as law enforcement officers unless engaged in approved RDSTF activities as stated herein. The Parties to this Agreement recognize that any extension of jurisdictional authority beyond the bounds of their employing agency is by reason of this Agreement and the overall supervision and authority of the Florida Department of Law Enforcement as provided by tbe "Florida Mutual Aid Act." 3. Pursuant to Section 23.127(1), Florida Statutes, designated employees of the undersigned Agencies participating in the RDSTF shall, when engaging in authorized mutual cooperation and assistance pursuant to this Agreement, have the same powers, duties, rights, privileges and immunities as if the employees were perfonning duties inside the jurisdiction in which the employee is normally employed and empowered. 5 4. Activities shall be considered authorized only when approved and directed as provided herein by an FDLE RDSTF supenrisor or command designee. No extension of jurisdiction or authority is granted by this Agreement for law enforcement activities unless they are approved as provided herein and are related to RDSTF operations or have been encountered directly incident to an approved and supervised RDSTF operation. The absence of such personnel from any RDSTF operation done under the authority of this Agreement will not, however, negate the powers and authority of those participating in said approved operation as provided by this Agreement. 5. If at any time an FDLE supervisor, FDLE special agent designated as a supervisor or command designee detennines that an extra-territorial RDSTF operation should be tenninated, said operation is to be promptly terminated in a manner assuring the safety of all involved law enforcement officers. 6. The FDLE RDSTF supervisor(s) shall maintain documentation that will demonstrate the daily involvement of authorized personnel from participating agencies as provided by the Parties to this Agreement as such members are involved in each RDSTF operation, including each operation's supervisor or designated leader. No member of the RDSTF shall engage in RDSTF related activities that are not approved, are unreported or otherwise unknown to the FDLE RDSTF supervisor and which are not documented as provided herein. 7. If a conflict arises between an order or direction provided by the RDSTF supervisor and a member's employing agency's rules, standards, or policies, the conflict shall be promptly reported to the RDSTF supervisor, and to the superior in that member's agency chain of command. The RDSTF supervisor, in conjunction with the member's agency superior, shall attempt to resolve the conflict in a manner that will allow the RDSTF operation to continue appropriately. At no time will a participating member be forced to violate hislher own agency's policies or rules in order to effect a RDSTF initiative. 8. The Steering Committee may, with the approval ofFDLE, adopt written attachments to this Agreement to establish particular guidelines, policies, or procedures to be utilized by members of the RDSTF when engaged in RDSTF operations. In the absence of written memorandum of understanding or attachments that modify or supplant FDLE policies and procedures, the policies and procedures to be utilized by RDSTF members shall be applicable FDLE policies and procedures, and shall be clearly identified to all participating RDSTF officers or agents by the Managing FDLE Supervisor in consultation with the Steering Committee. However, as stated .:. ":: ,." : /,'. . :. . "', .~ -. ':-."" ". I : .:" ....,. 0, .-", ','./ . " ~ ... ~ '.'0' ""', ,,"', ::\ .~. .'..~, .,." ~, f ,,,' '~ . above, nQ RDSTF member will be expected or required to violate or otherwise fail to maintain the member's employing agency's standards of conduct, rules or policies. 9. After consultation with the RDSTF committee members, FDLE may request that a particular sworn member or support person of the RDSTF no longer be allowed to participate in the RDSTF. Upon receiving the request, the employing agency shall promptly tenninate said member's participation in the RDSTF. Upon the request of a participating agency that a sworn or support member of FDLE no longer participate in the RDSTF, FOLE shall, if otherwise in FDLE's best interest to do so, terminate said member's participation in the RDSTF. With the approval of FDLE, a Party to this Agreement may otherwise add, substitute, reinstate, or replace any of its sworn or support employees participating in the RDSTF. 10. Nothing herein shall otherwise limit the jurisdiction and powers nonnally possessed by an employee as a member of the employee's agency. 11. The RDSTF Steering Committee will meet as required. The designated FDLE supervisor assigned to the RDSTF will provide monthly reviews to the Steering Committee reporting RDSTF investigative and intelligence activity, coordination of training and law enforcement disaster response teams, monitoring of suspected terrorist groups or individuals, and coordination efforts with federal task forces. The Steeling Committee shall periodically, at a minimum quarterly, review the objectives and accomplishments of the RDSTF and is~e directives and recommendations accordingly. 12. Each participating agency shall contribute personnel and resources to the RDSTF in such numbers as are agreed to by the participating agency and the RDSTF Steering Committee. Participating agencies shall assign personnel to the RDSTF based upon their investigative experience and the operational needs of the RDSTF. Final acceptance of personnel assigned to the RDSTF shall rest with the RDSTF Steering Committee. The Steering Committee may require proposed and actually assigned personnel to meet minimum background or other qualifications as necessary. 13. The FDLE Supervisor shall be responsible for the operational command and day-to- day administration of all RDSTF operations and personnel, and shall have the authority to make routine assignments and detennine case priority, as needed, pending periodic review and concurrence of the Steering Committee. The Steering Committee may designate a command structure of intermediate supervisors that report to the FOLE Supervisor. 14. During the absence of the designated FDLE Supervisor, or as deemed necessary by the designated FOLE Supervisor, any member assigned to the RDSTF may be selected as a Team Leader to manage operational RDSTF matters. 6 ,. : ..... _,. . .:,,"'o':"'~. '..' ...... .,' "_~.. ".... ..~....:.'. ".~.' ~:".". .... , Powers, Privileges, Inlmunities, Costs and Liability-Related Issues 1. Employees of the participating agencies, when actually engaging in mutual cooperation and assistance outside of their jurisdictional limits but inside this state, under the terms of this agreement, shall, pursuant to the provisions of section 23.127( 1). Florida Statutes. have the same powers. duties. rights. privileges and immunities as if the employee was perfonning duties inside the employee's political subdivision in which nonnally employed. 2. An agency that furnishes equipment pursuant to this agreement, including but not limited to agency.owned or leased vehicles and rental vehicles, must bear the cost of loss or damage to that equipment and must pay any expense incurred in the operation and maintenance of that equipment. 3. Each member agency engaging in the RDSTF initiatives pursuant to this Agreement agrees to assume its own liability and responsibility for the acts, omission, or conduct of such Party's own employee while such employees are engaged in RDSTF activities/initiatives, and shall remain responsible for the compensation, retirement, workers compensation and other benefits accruing -to the benefit of said participating employees, as further discussed below. 4. Each Party to this Agreement agrees to furnish necessary personnel, property, police equipment, vehicles, and resources in order to effect the purposes of the RDSTF, and agrees to bear the cost of loss or damage to its equipment, vehicles or property so provided. Provided however, that FDLE will provide funds as available for payments to confidential sources and other related expenses. FOLE will provide needed office space. Parties understand and agree that they will be responsible for their own liability and bear their own costs with regard to their property and resources, or personnel expenses incurred by reason of death, injury or incidents giving rise to liability. 5. Each agency furnishing services pursuant to this Agreement shall compensate its employees during the time such services are rendered, including employee overtime, and shall defray the actual expenses of its employees while they are rendering such seIVices, including any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such services. 6. The privileges and immunities from liability, exemption from laws, ordinances, and rules, and all pension, insurance, relief, disability, workers' compensation, salary (including overtime compensation or compensatory time), death and other benefits that apply to the activity of an employee of an agency when perfonning the employee's duties within the territorial limits of the employee's agency shall apply to the employee to the same degree, manner, and extent while such employee acts under this Agreement. 7. The provisions of this section shall apply with equal effect to paid, volunteer, and auxiliary employees. 7 po I . "~'""'r'\ ~",'."t..,.:^~,~./, '.. ~':, '. " ,:.', " ,."" .,', ':'" "., ",>.,' l \ "~ '.'. ,'"'" ': I ~...., , "," 8. Nothing herein shall prevent any participating agency from requesting supplemental appropriations from the agency's governing authority having budgeting jurisdiction to reimburse an assisting agency for any actual costs or expenses incurred by the assisting agency perfonning hereunder. 9. Nothing in this agreement is intended or is to be construed as any transfer or contracting away of the powers or functions of one party hereto to the other. 10. All parties to this agreement acknowledge that the RDSTF has no independent spending authority and has no independent authority to require the expenditure of funds of any participating agency. The RDSTF may recommend funding of specific efforts and request that funding from various sources be dedicated to RDSTF efforts or RDSTF-endorsed programs or efforts, but it cannot unilaterally contract, pledge or otherwise encumber funds of any entity, including any funds or proceeds that may be received by reason of forfeiture actions pursued by the RDSTF agencies by reason of an RDSTF investigation. Evidence and Records 1. The Parties agree that all RDSTF reports and records shall be maintained by FDLE, and shall be identified as RDSTF reports. 2. All evidence,. including currency, seized pursuant to this Agreement shall be taken into custody and processed in substantial compliance with FDLE policy relating to the handling of evidence/currency. All evidence seized in RDSTF operations shall be maintained by FDLE unless otherwise agreed. 3. The Florida Department of Law Enforcement may at any time order a review and audit by FDLE's Inspector General's Office of RDSTF operations with regard to the seizure and handling of all evidence, property, or cash or any other aspect of RDSTF operations. The Parties agree to cooperate in any such audit by allowing full access to documents, personnel and facilities necessary to perform the audit function. Complaints Against Task Force Members 1. Whenever a complaint has been lodged as a result of RDSTF efforts, a designee of the Florida Department of Law Enforcement shall ascertain at a minimum: a. The identity(ies) of the complainant(s) and an address where the complainant(s) may be contacted; b. The nature of the complaint any supporting evidence or facts as may be available, including the names and addresses of witnesses to that which has been complained about; and c. The identity(ies) of the RDSrF participant(s) accused and the employing agency(ies) of the participant(s) accused. 8 ., ,':, - .' ,\ . ' . .... " " "'. , , . .."." 'j ) , , .' '. .. '. ',' " .':. . , . +'.~ " ~ 2. FDLE will promptly provide to each affected employing agency the above information for administrative review and appropriate handling or disposition. Each affected employing agency shall, upon completion of said review, notify FDLE of its findings and any actions taken. Obligation to Coordinate With Prosecutor's Office 1. The principal goal of this RDSTF is the protection of Florida's public safety and security, and the successful prosecution of criminal violators who threaten to, or have actually endangered safety and security in Florida or elsewhere. Successful prosecution requires close coordination with prosecuting authorities, both in the state and federal courts. Members of the RDSTF are obligated to coordinate their efforts in such a way as to support the efficient prosecution of cases, including, but not limited to, prompt responses to requests from prosecutors for information or assistance in handling RDSTF generated cases, and reasonable availability for pretrial conferences with prosecutors, discovery depositions, pretrial hearings and trials. 2. Civil or administrative actions derived from RDSTF operations are likewise to receive coordinated support efforts from RDSTF members. RDSTF supervisors shall monitor the efforts of RDSTF members in support of criminal prosecutions and civil actions. Such monitoring shall include regular contact with assigned prosecutors or attorneys pursuing actions on behalf of the RDSTF to assure the expected level of support from RDSTF members is occurring. Failure by a member of the RDSTF to support such efforts on a routine and regular basis in the manner set forth herein shall constitute grounds for removal from the RDSTF. Term of Agreement 1. This Agreement shall become effective as to the executing Parties upon execution by the Executive Director of the Florida Department of Law Enforcement and at least one other participating agency. As each additional Party executes this Agreement, it shall be effective as to the newly executing Party. 2. This Agreement shall remain in full force as to all participating Parties until December 31, 2003 unless canceled in writing by the Executive Director for the Florida Department of Law Enforcement, or, with regard to any participating Party as canceled in writing by the Party as provided herein. This Agreement may be duplicated for dissemination to all Parties, and such duplicates shall be of the same force and effect as the original. 3. This agreement may be renewed, amended, or extended only in writing. 9 . ..~.. .' . '. . . ' ~ " , '. ..' .' ,. IN WITNESS WHEREOF, the authorized representatives of the Parties hereto sign on the date specified. Party's Acceptance of the Regional Domestic Security Task Force Combined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding For the Florida Department of Law Enforcement: 'l: ;%.t~~ . Moore, Executive Director Department of Law Enforcement Date: / z - /9 ,..0 ( 10 ....t.....ft. ., . " ' , . ., .' ~ ~ , ~. ., .. . ~ Party's Acceptance of the Regional Domestic Security Task Force Conlbined Voluntary Cooperation and Operational Assistance Mutual Aid Agreement and Memorandum of Understanding Pursuant to F.S. 23.1225(3). this agreement may be entered into by a sheriff, a mayor or chief executive officer of a municipality or county on behalf of a law enforcement agency, if authorized by the governing body of the municipality or county. By signing below, an indication of such authorization is being made. . Any signatory may attach to this signature page any further evidence of authorization you wish to remain on file at FDLE along with this signature page. .......................................~~+.................................... I hereby acknowledge that I have been authorized by the governing body of the municipality to enter into this Agreement on behalf of the Clearwater Police Department. See Attached Signature Page Signature Print or Type Name Title: . o Mayor o Chief Executive Officer, to wit: Date: --2.//~ Chief of POlice Date: I ~ ~ . ' ; , ~. I v , . . ","., TAMPA BAY REGIONAL DOMESTIC SECURITY TASK FORCE COMBINED VOLUNTARY COOPERATION AND OPERATIONAL ASSISTANCE MUTUAL AID AGREEMENT Countersigned: Brian J. Aungst Mayor-Commissioner Approved as to form: CITY OF CLEARWATER, FLORIDA William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk ;JO ~, . < or. " ' ". . _; . . . ,0' ~. '" '. ~;. ~ '. \'.~, " 0 ..' : .~', ' ~.. ~ . ." ~ ~ 'I.:' ~. , ". ,: ...: 0 I ",,.!.o,:' lO'.... ,. t, '0'" >'tReviscd tl /4/02 Clearwater City Conlmission Agenda Cover MemorandulTI Work Session Item #: Meeting Date: 37 ,/) l/ /02- I I Final Agenda Item # SUBJECT jRECOMMENDATION: Adopt Resolution 02-22 authorizing the Mayor, "'on behalf of the City of Clearwater, to execute the "Statewide Mutual Aid Agreement." allowing for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted, [!] and that the appropriate officials be authorized to execute same. . Section 252.40, Florida Statutes, authorizes the governing body of each political subdivision to enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. . The need for a statewide mutual aid agreement is based on the follOwing conditions: (a) The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destructJon of the infrastructure needed to deliver those services; (b) Such disasters are likely to exceed the capability of anyone local government to cope with the disaster with existing resources; (c) Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer; (d) The Emergency Management Act gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance; and (e) Under the Act the Florida Department of Community Affairs, through its Division of Emergency Management, has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. Reviewed by: Originating Dept: Costs POlic~-k~ Legal ~ Info Srvc NA Prepared by: Sherry Hunt Total Budget IA Public Works NA User Dept. Funding Source: Purchasing N/A DCMlAC Police Current FY CI Risk Mgmt N/A Other (Fleet) Attachments OP Res 1102-22 Other Submitted by: ~ ~--v tJ - Appropriation Code: City Manager [&l None ..... ~- Printed on recycled paper Rev. 12/01 . " .... . .' ,.' : I . ," " 1 . . , '_ .. . RESOLUTION NO. 02-22 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF THE "STATEWIDE MUTUAL AID AGREEMENT"; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater pursuant to Section 252.40, Florida Statutes, is desirous of entering into a Mutual Aid Agreement for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, the City of Clearwater has deemed it to be in the best interest of its citizens to enter into the "Statewide Mutual Aid Agreement"; and WHEREAS, Section 252.40, Florida Statutes, states that the governing body is authorized to enter into mutual aid agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; now therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby authorizes the Mayor, on behalf of the City of Clearwater, to execute the "Statewide Mutual Aid Agreement, n a copy of which is attached hereto. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 2002. Approved as to form: Brian J. Aungst . Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk PD~ 3'1 1""",., ,.I~i~LO~ rl(l;;~ ..\'_\ Vlf""",,('7~"... \'L","" "' ":'/7' \ .::::;::..' ~~ ...,....-":. __ c:..:3: ..\~/. ~ ca ~ ... .. , .. ...~..,._-~~" "'_': .... ,........1lI ''-". ~-- .'P.\ '.' ~,. ~~"."...... ,,~--:, - ....,."'., \ -... ~'''",u'''~~l' .##)1TE~..,.. ""111' C I T Y 0 F C LEA R \X" ~-\ 1~ E R P 0 I ... . , C I~ -. -. - -. - , O~T FFlC!: 311\-1,"18, IL.\}:'.\\T1I<. "I.lJRIIl\.).:" -:-''''-~ -::':' CLl~-\R\'(':\TER P(>L1CE DFP\g:'\IE:-;T, 6.i5 PIERCE STREET. CIJ~\R\\ ',:-:::. F:.~.}~.;::' \ _~r)6 TEIl:PIIO:-;E (727) 562..f2.42 POIJCE DEPART~IEST April 3, 2002 Alfred O. Bragg Assistant General Counsel Division of Emergency Management Department of Community Affairs 2555 Shumard Oak Blvd. Tallahassee, FI. 32399-2100 Dear Mr. Bragg: Please accept this letter as certification that the City of Clearwater is self-insured for workers' . compensation, liability, and property damage with excess coverage provided by North River Insurance Company as shown on the attached Declarations' page. The City has been qualified by the State of Florida as a self-insured municipal government. Our State Self-Insured Audit Number is 9173. The City's insurance coverage and limits are as follows: 1. Auto Liabilitv, General Liability. Police Professional Liabilitv. and Public Officials Liability: $100,000 per person. S200,000 per occurrence, self-insured retention, with statutory limits per Section 768.28, Florida Statutes. $7,000,000 Excess with self-insured retention of 5500,000 with North River Insurance Company, effective 10/01/01 for the policy period 10/01/01 through 09/30/02. 2. Workers' Compensation: Sincerely, R~.A jwdi: Robert ~. ~rette, Esq. Police legal Advisor Assistant City Attorney $500,000 per occurrence self-insured retention; statutory per occurrence excess WiU1 North River Insurance Company, effective 10/01/01 for the policy period 10/01/01 through 09/30:02. 3. BuildinQ, Contents and Property: $236,548,112 less $500,000 self-insured retention per occurrence. Blu^,'\ J. Ar:'\GST. ~t\roR.CO\'~lISSI()~F.R ED H.-\RT, VICE ~twO!i.CO'I~lISS10:\ER \\;'IiIr,\F.Y GR.W, Cml\lI:'~:,- ..~:: Hon HA.\III.TO:\, CO\I"ISSIOl'\F.R * BIlJ.}O.\so:<;, Comll:'~:: ..;:: "E.'I '.\1, E \II'IOY'.,F\": \',~) :\FFlI\..~\ ~:'''l' :\cno\: E\~ PI r\YFR" ~ CnlmaForsfer r:r Insurance Limit of Insurance: Each Accident or Occurrence Limit Policy Aggregate Limit $ 5,000,000 SNot Applicable PUBLIC ENTITY EXCESS LIABILITY POLICY DECLARA nONS Renewal of: 544-O00044~ Policy No.: 544-000077-9 Named Insured and Mailing Address: City of Clearwater Municipal Services Building 100 South Myrtle Avenue Clearwater, FL 34616 Policy Period: From 10/01/200 I 10/01/2002 at 12:01 am Standard Time at your mailing address shown above In return for the payment of the premium. and subject to all the temlS of this policy, we agree "ith you to provide the insurance as stated in this policy. Only a Coverage Fonn marked below with an ")C' is part of this policy on its effective date: l&J Excess General Liability l&J Excess Automobile *1 Defense Costs/Claims Ex-penses are included in the Limit: Self-Insured Limit Retention S 500,000 Advanced Premiwn l&1Flat 0 Adjustable (see Premiwn Adjustment Endorsement) $ 238,000 Endorsements attached to this Policy: FM 206.12; CA 0001; CG-OOOI; CG 2160; CG 2135; IL 0017; n. 0021; CG 0220; FM 117.0.15; FM 117.0.16; FM 117.0.17; FM 117.0.22; FM 117.0.25; FM 117.0.26: FM 117.0.27; FM 117.0.28; FM 117.0.29; FM 2.0.775; FM-GEN-OI; FM GEN 02; F}.{ GEN 03. Countersigned: By L~~L.~ - ../ Authorized Representative FM 117.0.27 (3/99) .....;.J:,' ..,;."._; .i1'Pi)'''Z..........' . "." "..t ClVmaForsfer Cr Insurance NORTH RIVER INSURANCE COMPANY GENERAL ENDORSEMENT This Endorsement Effective November 6. 2001, 12:01 a.m. Standard Time fonns a part of Policy Number. FM 544-000077-9 issued to the City of Clearwater. Florida. ---------.-------.---------.---.---.-.-.-----.-.-.-------.---.-.---.-------.---.---.-.-----------------.-.-.------ IN CONSIDERATION OF AN ADDITIONAL PREMIUM OF $18,020., IT IS UNDERSTOOD AND AGREED THAT FORM FM 117.0.27 (3/99) IS AMENDED AS FOLLOWS: LIMIT OF INSURANCE: EACH ACCIDENT OR OCCURRENCE LIMIT: $7.000,000. POLICY AGGREGATE LIMIT: NOT ApPlICAEI t: ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED. FM..GEN-04 (11/01) CITY OF CLEARWATER, FL ~ Cn.un&Forster a.a Insurance FM 206.12 CA 00 01 CG 00 01 CG 2160 CG 2135 IL 0017 I L 0021 CG 0220 FM 117.0.15 FM 117.0.16 FM 117.0.17 FM 117.0.22 FM 117.0.25 FM 117.0.26 FM 117.0.28 FM 117.0.29 FM GEN 01 FM GEN 02 FM GEN 03 FM 2.0.775 THE NORTH RIVER INSURANCE COMPANY PUBLIC ENTITY EXCESS LIABILITY FORMS City of Clearwater. Florida 544-000077 -9 Schedule of Fonns and Endorsements The North River Insurance Company . . . , . ~ ...., . - . . .. . : - '". ,.' '_ I _." '. July 31, 2000 STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEPARTMENT OF CO?v1MUNITY AFFAIRS, State of Florida (the "Department"), and all the local governments signing this Agreement (the "Participating Par- ties") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of anyone local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency Management (the "Division"), has authority to coordinate assistance between local govenunents during emergencies and to concentrate available resources where needed. PD~ tl...V. 4 .., j i ~ 'j 1 , " I , , . '. .'. . . . . ~ ., u " " r', I " ' , . _ ", . '. ,- ... "/ . '.. . ' " ' . . " ....' ../' C I T Y 0 F CLEAR 4''t'e,..- P~1 ATER POST OFFICE Box 4748, CLEARWATER, FLORI 33758-4748 CLEARWATER POUCE DEPARTh1ENT, 645 PIERCE STREET, LEARWATER, FLORIDA 33756 TELEPHONE (727) 562-4 ~2 POlleE DEPARTMENT To Whom It May Concern: Please accept this letter as certificatio that the City of Cle rwater is self-insured for workers' compensation, liability, and property da ge with excess overage as shown below. The City has been qualified by the State of Florida as a self-i ured munici al government. Our State Self-Insured Audit Number is 9173. 1. Auto Liabilit General Liabili and Public Officials Liabilit : $100,000 per person, $200,000 er oc rrence, self-insured retention, with statutory limits per Section 768.28, Florida Sta test $7, 00,000 Excess with self-insured retention of $500,000 with North River Ins ance Com ny, effective 10/01/01 for the policy period 10/01/01 through 09/30/02. 3. Sincerely, r?'~IJ-A A)kv.lr Robert J.Cs!urette, Esq. Police Legal Advisor Assistant City Attorney 2. Workers' Compensation: $500,000 per occurrence elf-insured retention; sta tory per occurrence excess with North River Insurance C mpany, effective 10/01/01 fo the policy period 10/01/01 through 09/30/02. $236,548.112 less 500,000 self-insured retention per occurre BRIAN J. AUNGST, ~1AYOH.CQ;\IMISSIO:-:F.H ED HART, VICE MAYOR-COMMISSIONER WlllTN~T' GRAY, COM~IISS10NEI< Hon HAMILTON, COMMISSIONER * BIU.)ONSON, CO~IMISSIONER "EQUAL EMf>LOYMENT AND AFFIRMATIVE ACTIO:'\ EMI'I.OYER" . ' , , " :. '. . , '" \ ~ .. '. ., , . I July 31,2000 F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the foll~wing: . ARTICLE I. Defmitions. As used in this Agreement, the following expressions shall have the folloWing meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 .'. ... . ....~->' , , ,. I .' . . .. ,. '. .' '.... . . ". ", . , ,..' ~' July 31. 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with ~ 252.35(2)(a), Fla. S.tat. (1.999). .. I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party reIiders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any 10caIor regional governmental entity which is an in- dependent special district within the meaning of ~ 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by role, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of ~ 230.0 I ~ 3 . - , , . . ". . , .', \' '.' . ... ' . .' '. ' ~ . . '.' .... . . July 31, 2000 Fla. Stat. (1999), or any Community College District within the meaning of 9 240.313(1), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of ~ 163.01 (3)(a), Fla. Stat. (1999). - . - - '. ~ . N. A "local government" is any educational district and any entity that is a "local governmental entity" within the meaning of ~ 1IA5( 1)( d), Fla. Stat. (1999). o. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own . resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) . days must be confmned in writing by the Director of Emergency Management for the County 4 . I.' .' ,. ,", ~" ,.' .' , . . " . "... ~. .' " . ", ' J f ..... '. " " . . July 31, 2000 of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director ofEm~rge~cy Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting' Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- . I propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 5 July 31, 2000 accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following infonnation .to the, Oivision and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion ofFonn B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; 6 July 31, 2000 G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 July 31, 2000 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. AR II CLE VI. Rendition of Assistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Party shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self-sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall 8 , ~ ~ ."." '-. ' ~'" :', '- ." " ~.' ,\ . ' . . '. ' j ~ 'A .,'. . ~ ,,' - . " , '. . " , July 31, 2000 be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self-sufficient personnel or self-sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party,u upon being billed by that Assisting Party in accordance with this Agreement. 9 . '. , I' .' ,.' - . '. ~ ..' , .. ~ , . ., . .... " July 31, 2000 B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in \\Titing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item ona bill from an Assisting Party, the , Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the 'Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 0; . , . , . . '..' .. . I ' '," _, ' . July 31, 2000 other Participating Party whose normal duties include emergency management, and the other . Participating Party shall also select such an official as an.arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shaHconven.e by ~eleconference or videoconference with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, .the Requesting Party, or the Assisting Party concerning the protest, and shall r(~nder a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbUrsement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 11 .' . .',' . .. ' ~, .' . ~ , . . '.. . ". . , . J ." "' '. '. . July 31, 2000 ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting Party un~er this Agreement shall be reimbursed as needed to make the,Assisting Party whole to the fullest extent practic~ble. A. Employees of thc? Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Party shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 '. ') '. I..; '1 f.'. , '. ' ; . '. .. :.',":,:' " " , ' . ,. , July 31,2000 Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to.t!te ~sisting Party. ~fthe equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. c. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the RequestingParty under this Agreement. In the case of perishable supplies, consumption shall be deemed to include nonnal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and oflike grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 July 31, 2000 D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present .information sufficient to meet the .audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8 :00 a.m. and 5 :00 p.m. on all weekdays other than ,official holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itselfwhat insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 . : . . '. '"'" . I . . . .. ' '. . ,".. .' :' ,_ ~'., . .,' y. . . ," .' , " " , , . . ". ' .' . '. July 31, 2000 C. Any Participating Party that is self-insured with respect to any line or lines of in- surance shall file with .the Division copies of all resolutions in current effect reflecting its determination to act as a self-insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State fimds, the obligation of any statewide instnunentality of the State of Florida to reimburse any Assisting IS . . I. -, ~ -;.. . .. ~ . ~ " ., ~, . ': ~ .. . I - . " '.' .' ..' . .. . . . " '. . July 31, 2000 Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audi t thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee~ Florida 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form A attached to this Agreement. For the 16 July 31, 2000 purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such tennination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the. extent that the former may be inconsistent with the latter. 17 July 31, 2000 D. Cnless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statev,ide Mutual Aid Agreement of 1994 shall terminate and cease to have leea1 existence after June 30, 2001. ... E. Cpon its execution by any Participating _party, this ~greeme~t will continue in effect for one (I) year from its date of execution by that Participating Party~ and it shall be automatically renewed one (I) year after its execution unless within sixty (60) days before 18 that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Partics not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixL)' (60) days after the date of its execution by the Department, and shaJI then be binding on all Participating Parties. Nomithstanding the preceding sentence, any Participating Party \\nO objects to the amend- ment may \\ ithdraw from the Agreement by notifying the Department in writing of its intent to do so \\ithin that time in accordance with Section E of this Article. ARTICLE XII. Interpretation and Application of Agreement. The interpretation and appli- cation of this A'!reement shall be governed by the following conditions: - , A. The obligations and conditions resting upon the Participating Parties under this July 31 , 2000 Agreement are not independen~ but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement stat~~ ~l ~e condi~io~, ~bIigations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in fulJ force and effec~ it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 July 31, 2000 IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF E~IERGENCY MANAGEMENT . - .. DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: Director Date: ATTEST: CLERK OF THE CIRCUIT COURT BOARD OF COUNTY COM?vfiSSIONERS OF ' COUNTY STATE OF FLORIDA By: Deputy Clerk By: Chairman Date; Approved as to Form: By: County Attorney 20 . .,. >'. . " , . , . .. ~.'. , . . , ',..,. ",- ,J. .,;' ,".', ::~:f-..~ .;t "":." ~ ...."', '. "'. .. ". , July 31, 2000 DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: . . . .Oirector: . _ Date: AITEST: . CITY CLERK. CITY OF STATE OF FLORIDA By: By: Title: Title: Date: Approved as to F onn: By: City Attorney 21 July 31 t 2000 DIVISION OF EMERGENCY MANAGEMEl\"T DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORlDA By: Director STATE OF FLORIDA By: Title: DISTRICT, .,., -- Date: By: Title: Date: Approved as to Form: Bv' .. . Attorney for District ,:,', 7?7-C)h?-4~4l) ~ilbtPhoDe: 727-224-7220 InterSet: Name: Title: Address: Name: Title: Address: Day PhOD . Telecopler: July 31, 2000 / I olice De artment . . FL 33756 727-224-7227 ~ilht PhoDe: InterSet: Pierce Street Clearwater FL 33756 '\ PLEASE UPDATE AS ELECTlOIVS OR APPOINTMENTS OCCUR RCftItD 1D:DepanmaIt orCGmmuni.,.. .1JfJ.irs.DivisioD ,,(EmetiCDC)' M&r1aictnCDt 2555 Shumard Oak Boulevard. TaJI211.~ Florida 32399-2100 23 . . . ~,' . . \ . . I . I '. ~ '. . . , . . ~ '., f . ' ....,. STATEWIDE MUTUAL AID AGREEMENT FORM A Date: April 3. 2002 Name of Government: Mailing Address: City of Clearwater P.O. Box 4748 Clearwater. Florida 33758-4748 Authorized Representatives to Contact for Emergency Assistance: FOR CITY ADMINISTRATION: Primary Representative Name: William B. Horne. II Title: City Manager Address: 112 South Osceola Avenue Clearwater. FL 33756 Day Phone: (727) 562-4046 Night Phone: (727) 224-7088 FAX: (727) 562-4052 FOR POLICE DEPARTMENT: First Alternate Representative Garry Brumback Assistant City Manager 112 South Osceola Avenue Clearwater. FL 33756 (727) 562-4053 (727) 224-7112 (727) 562-4052 Primary Representative Name: Sidney R. Klein Title: Chief Address: 645 Pierce Street Clearwater. FL 33756 Day Phone: (727) 562-4343 Night Phone: (727) 224-7227 FAX: .(727) 562-4339 FOR FIRE DEPARTMENT: First Alternative Representative Dewey Williams Deputy Chief 645 Pierce Street Clearwater. FL 33756 (727) 562-4344 (727) 224-7222 (727) 562-4339 Primary Representative Name: Rowland Herald Title: Chief Address: 610 Franklin Street , Clearwater. FL 33756 Day Phone: [l1JJ 562-4326 Night Phone: [l1JJ 224-7099 FAX: [l1JJ 562-4328 First Alternate Representative Charles Flowers Deputy Chief 610 Franklin Street Clearwater. FL 33756 [l1JJ 562-3037 flW 224-7358 (727) 562-4328 PLEASE UPDA TE AS ELECTIONS OR APPOINTMENTS OCCUR Return to: Department of Community Affairs-Division of Emergency Manager 2555 Shumard Oak Boulevard - Tallahassee, Florida 32399-2100 July 3 J, :WC,O . 24 STA TE\\ IDE ~frTUAL A1D .-\GREE~fD.J"T Form B Date: Xame of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: July 31. 2000 STA TE \\.1 DE MUTl..-\L AID AGREE~tENT Form B 4. Types of Resources ~eeded: 5. Description of Infrastructure: :!s 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: , Julv 31, 2000 .. STATEWIDE MUTUAL AID AGREEMENT Form B 8. Time, Place and Date to Deliver Resources: 9. Names of Supervison for Requesting Party: 26 July 31, 2000 STATEWIDE MUTUAL AID AGREE~ Form C Date: Name of Assisting Party: :. Contact Official for Assisting Party: Name: Telephone: InterNet: . 1. Description of Resources : 27 . 2. Estimated Time Resources Available: July 31 ~ 2000 STATEWIDE MUTIJAL AID AGREEMENT Form C J. Estimated Time and Date to Deliver Resources: 28 4. Description of Telecommunications Resources: 5. Names of Supervison for Assisting Party: , I' , . , . I.. . j '. "', I " ' Division of Emergency Management Department of Community Affairs State of Florida By: Director Countersigned: Brian J. Aungst Mayor-Commissioner Approved as to form: Date: CITY OF CLEARWATER, FLORIDA William B. Horne II City Manager Attest: Cynthia E. Goudeau City Clerk ITE # .!)iJ;j3 , . , : ,,;:' . ~. '-. . ' , ..' ,. ' . . ~ , . ~ . . , . , .' . " " . .. .' If., : e Meeting Date: CG$ / 38 ij - Lj -~ c) .;J- Oeanvater Oty Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # SUaECT/RECOM MENDA 110 N: Pass on first reading Ordinance N<? 6984-02 approving new gas utility rates to become effective for all billings on or after May 1, 2002, (g) and that the appropriate officials be authorized to execute same. SUMMARY: . Request approval of Ordinance No. 6984-02 which provides for changes to the "Clearwater Gas System Fees, Rates and Charges" section of Appendix A of The Code of Ordinances of the City of Clearwater to become effective for all billings rendered on or after May 1, 2002. . The current gas rates and service charges of the Clearwater Gas System have been effective since March 1 J 1999. . The primary intent of the recommended revisions is to increase certain "Propane (LP) gas service rates" and . "Other miscellaneous gas charges" for ancillary services to reflect increases in labor cos1s and providing services in order to remain competitive. . The secondary intent of the recommended Rate Ordinance request is to provide clarification and minor editing of the verbiage in the current rate ordinance. . This recommendation is cost-based and responsive to the competitive challenges that can be expected for the foreseeable future. The rates reflect a fair allocation of expenses to the appropriate customer classes. The proposed rates will provide a more equitable structure to ensure the growth potential of the Clearwater Gas System while providing an adequate return to the City of Clearwater which helps offset the City's ad valorem tax rates. Originating Dept: Clearwater Gas S~. POC -John Scott User Depl Clearwater Gas System Ccs1s Reviewed by: Legal ~ Info Srvc NA Budget NA Public Works NA Purchasing NA DCM/AC Risk Mgmt NA Other Total Funding Source: CurrentFY CI OP Other Attachments Ordinance No. 6984-02 &bnltted by: ~'J' J J City Manager ~ ~ Printed on recycled paper o None Rev. 2198 , ., " ' I, ,[ . . I , " . ...; I~ .', '."" .' . . " " " . , . 3~ ORDINANCE NO. 6984-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO UTILITIES; AMENDING SECTION XXVI, CLEARWATER GAS SYSTEM FEES, RATES, AND CHARGES OF APPENDIX A - SCHEDULE OF FEES, RATES AND CHARGES, OF CODE ORDINANCES OF THE CITY OF CLEARWATER TO PROVIDE REVISED RATES FOR THE CLEARWATER GAS SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. . WHEREAS, the current gas rates and service charges of the Clearwater Gas System have been effective since March 1, 1999; and WHEREAS, it is determined to be fair and reasonable to adopt the recommendations of the Clearwater Gas System to establish gas rates and service charges based on the cost to serve the various classes of customer; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Appendix A - Schedule of Fees, Rates and Charges of the Code of Ordinances of the City of Clearwater is hereby amended as follows to make changes to Section XXVI. Clearwater Gas System Fees, Rates, and Charges: XXVI. CLEARWATER GAS SYSTEM FEES, RATES AND CHARGES: Rate schedules, fees and charges (& 32.068): (1) Natural gas service rates. The following monthly rates shall apply to all customers who are provided the availability of natural gas service by the Clearwater Gas System, based on their applicable class of service: (a) Residential natural gas service (rate RS): Firm natural gas s,ervice for domestic uses in all residences of three units or less. Ordinance No. 6984-02 . . -. . . ..... ~.. . ~', \.'. .' r '.' . ' ~, . " I . . . ,. . , ' I ., #. ~" . . i,. I'" . , ' .' ,j ~. I. ., Monthly customer charge. . . . 7.00 Non-fuel energy charge, per therm . . . . 0.580 Minimum monthly bill. . . . 7.00 (b) Small multi-family residential service (rate SMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 0--17,999 therms. Monthly customer charge. . . . $15.00 Non-fuel energy charge, per therm . . . . 0.580 . Minimum monthly bill . . . . 15.00 (c) Medium multi-family residential service (rate MMF): Firm natural gas service for all domestic applications within the living units of multi-family buildings of four units or more and the total annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge. . . . 20.00 Non-fuel energy charge, per therm . . . . 0.580 Minimum monthly bill . . . . 20.00 (d) Large multi-family residential service (rate LMF): Firm natural gas , service for all domestic applications within the living units of multi-family buildings of four or more and the total annual . consumption at the premise is 100,000 or more. Monthly customer charge. . . . 50.00 Non-fuel energy charge, per therm . . . . 0.580 Minimum monthly bill . . . . 50.00 (e) Small natural gas general service (rate SGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the' customer's annual consumption at the premise is 0--17,999 therms. Monthly customer charge. . . . 15.00 2 Ordinance 6984.02 ~ . _ . ',' 'W. . " . " . . ' t . ' 1 I ,',' . " .' . -.' , . . '.l _, I . I . ....f . . _, I , .' . Non-fuel energy charge, per therm . . . . 0.470 Minimum monthly bill. . . . 15.00 (f) Medium natural gas general service (rate MGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 18,000--99,999 therms. Monthly customer charge. . . . 20.00 Non-fuel energy charge, per therm . . . . 0.410 Minimum monthly bill. . . . 20.00 (g) Large natural gas general service (rate LGS): Firm natural gas service for all commercial, industrial, and other applications where no other rate is applicable and the customer's annual consumption at the premise is 100,000 therms or more. Monthly customer charge. . . . 50.00 Non-fuel energy charge, per therm . . . . 0.350 Minimum monthly bill. . . . 50.00 (h) Interruptible natural gas service (rate IS): Interruptible natural gas service available under a standard agreement for typically industrial applications where the customer's annual consumption at the premise is 1 00,000 therms or more; the customer agrees contractually to purchase a minimum of 250 therms/day (excluding curtailment days); and where the customer has either installed alternative fuel capability and/or contractually agrees to curtail service at the request of the Clearwater Gas System, subject to penalties for failure to comply. Monthly customer charge. . . . 100.00 Non-fuel energy charge, per therm . . . . 0.280 Minimum monthly bill. . . . 100.00 Plus the non-fuel therm rate for the minimum number of contract therms per day 3 Ordinance 6984-02 . .-...... -, . .' . '. , ..' I \"' ." '. . . ,.' " . - . .. ,',. . .. ,'" " , : (i) Contract natural gas service (rate CNS): Contract natural gas service for special applications and conditions approved by the CGity Mmanager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtain/retain the customer. This rate may be used to construct a special standby rate where the customer requires capability to serve, but normally uses an alternative energy source. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the CGity. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract Minimum monthly bill.... Monthly customer charge plus the non- fuel therm rate for a contract level of monthly consumption G) Residential natural gas air conditioning service (rate RAC): Firm natural gas service for domestic gas air conditioning in all residences of three (3) units or less where the gas air conditioning load is separately metered. Monthly customer charge.... $ 7.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... 0.200 4 Ordinance 6984-02 , ~.' t,~. . _'..', ~.' '.." t' l , " " ':'. , . ". 1'".. .' . ." ,~, . . t .. . ',' . .' 'f Minimum monthly bill.... $ 7.00 at the premise on a firm rate schedule (k) General natural gas air conditioning service (rate GAG): Firm natural gas air conditioning service for all commercial, industrial, and other non-residential applications where the installed gas air conditioning capacity is 0--149 tons and the gas air conditioning load is separately metered. Monthly customer charge.... $ 15.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.150 Minimum monthly bilL.. $ 15.00 at the premise on a firm rate schedule (I) Large natural gas air conditioning service (rate LAC): Firm natural gas air conditioning service for all commercial, industrial, and other non-residential applications where the installed gas air conditioning capacity is 150 tons or more and the gas air conditioning load is separately metered. Monthly customer charge.... $ 20.00 only if this is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.100 5 Ordinance 6984-02 t., l Minimum monthly bill.... $ 20.00 at the premise on a firm rate schedule (m) Natural gas street lighting service (rate SLY: Natural gas seNice for lighting of public areas and ways. SeNice may be metered or estimated at the discretion of the gas system. The customer may elect to subscribe for normal street lighting maintenance and relighting labor service, or they may call Clearwater Gas System for repair service and pay normal hourly labor charges (see other miscellaneous gas charges), or they may elect to maintain their own lights. Repair equipment and/or parts supplied by Clearwater Gas System will be billed as required. When the gas system provides poles, fixtures, piping, and/or installation labor beyond the service connection point, facilities contract charges may be assessed. Monthly customer charge. . . . 15.00 Non-fuel energy charge, per therm . . . . 0.200 Normal maintenance and relighting labor seNice charge, per therm . . . .0.100 Plus any required equipment/parts Minimum monthly bill . . . . 15.00 Plus any applicable facilities contract charges (n) Contract natural gas transportation service (rate CTS): Service for transportation of someone else's natural gas through the Clearwater Gas System for supply to another gas system or an individual customer. This is handled like a contract natural gas service and must be approved by the CGity Mmanager or designee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the CGity. 6 Ordinance 6984-02 . ,I' ; ",,' ";. ", " ... ....., f", " ,,'., .. I . " '. I ' . . ~ '. " . . . .. .' I . .."' .~ ' . ,...".'..' I ,. . '. Monthly customer charge.... As established by contract (typically the same as the normally applicable service class) Non-fuel energy charge.... Per therm as established by contract (typically the same as the normally applicable service rate plus charges for balancing services and any additional services desired by the customer) Minimum monthly bill.... Monthly customer charge plus the non- fuel therm rate for a contracted level of minimum monthly flow as well as any facilities contract charges for special facilities and metering required to provide this transportation service (0) Natural gas vehicle service (rate NGV): Natural gas service for fleet vehicle fueling. This is a contract rate approved by the Ceity Mmanager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the Ceity. Monthly customer charge.... $ 7.00 for residential or $15.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule Non-fuel energy charge, per therm.... $ 0.100 plus any applicable customer- specific or public fill station per therm facilities charges required to provide this service 7 Ordinance 6984.02 .. . . . , ',' , , .' ~ . \ '/ . ll', '. . . . . " . " . .' .' Minimum monthly bill.... Monthly customer charge, if applicable, plus any monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline." (p) Natural gas emergency generator or other standby se/Vice(rate NSS): Natural gas service to a metered account, separately established for back-up service, where no substantial gas service is used for year round purposes. . Monthly customer charge. . . . 30.00 25.00 Non-fuel energy charge, per therm . . . . 0.470 Minimum monthly bill. . . . 30.00 25.00 Plus any facilities contract charges for the facilities and metering required to serve this account (2) Propane (LP) gas service rates. All of the following propane (LP) gas service rates are closed rate schedules for ne'N customers effective March 1, 1999 and will terminate for all customers connected before March 1, 1999 on March 31, 2000. The following monthly rates shall apply to all existing customers who are provided the availability of propane (LP) gas service by the Clearwater Gas System, until they are converted to a replacement rate schedule which shall be no later than March 31, 2000, based on their applicable class of service: (a) Resident/a.' profane gas service (rate RLP): Metered or bulk delivered LP service for all domestic uses in all residences of three units or less. Monthly customer charge. . . . 7.00 Non fuel energy charge: Per gallon. . . . 0.750 " 8 Ordinance 6984-02 .... .1.., . ~ , .. .'., . I. , ,.,. , '. ,': " 411 '.' :'. . . I . , ..'. . (- per therm . . . . O.8~ Minimum monthly bill . . . . 7.00 (b) Multi famify propane gas service (rate MLP): Metered or bulk delivered LP service for all domestic applications within the living units of multi family buildings of four units or more. Monthly customer charge. . . . 15.00 Non fuel energy charge;. Per gallon. . . . 0.750 (- per therm . . . . 0.820) Minimum monthly bill . . . . 15.00 (c) General propane gas service (rate GLP): Metered or bulk delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0 2,199 gallons. Monthly customer charge. . . . 15.00 Non fuel energy charge: Per gallon. . . . 0.300 (- per therm . . . . OA26) Minimum monthly bill . . . . 15.00 (d) Large prof~ne gas sB.rvice (rate LLP): Metered or bulk delivered LP , service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 2,500 gallons or more. Monthly customer charge. . . . 20.00 Non fuel energy chargE* Per gallon. . . . 0.320 (- per therm . . . . 0.350) 9 Ordinance 6984-02 .. ' : ... ~'. ':' ,. '.~ ~ . I. " .':' " I '~. ".: ...,' ! " .. "." ,.", ! .' ",:.'. . I' -I' , ' , ' Minimum monthly em . . . . 20.00 (e) Contract profane gas service (CLP): Contract metered or bulk delivered LP gas service for special applications ana conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be 3vailable to the customer and a special rate with special conditions are required to obtain/retain the customer. Such service must fall within the neFmal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge.... As-established by contract (typically the same as the normally applicable service Glass) Non Fuel Margin Rate.... Per gallon as established by contract Minimum monthly bill.... Monthly customer charge plus the non fuel usage rate for a contracted level of monthly consumption (f) Propane (LP) gas vehicle serAca (rata LP'I): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the city manager. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer- charge.... $ 7.00 for residential or $15.00 for general service applications only if a customer charge is not already beiRg. Gmed on another metered account at the premise on a firm rate schedule 10 Ordinance 6984.02 , ',,' I ' . !.. ., ~ 'l ."" . ....:. . ~ ' . '. ':' ~ " , I" " ; l . . ~' . I " . ' , , ( . ','\ I . Non fuel energy charge.... $ 0.100 per gallon $ 0.109 per therm plus any a~e.te customer specific or public fill station faGilities charges required to provide this 6efV~Ge Minimum monthly bill.... MGRWy customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc. may be expressed as a rate "per gallon equivalent of gasoline." (g) Profane gas emergency generator or other standby service (rate LPS): LP gas service to an account separately established for back up service, either metered or bulk delivered, INhere no other substantial gas service is used for year round purposes. Monthly customer charge. . . . 25.00 Non fuel energy charge: Per gallon. . . . 0.390 (- per therm . . . . 0.'126) Minimum monthly bill . . . . 25.00 Initial usage charge A one time charge for the number of ganoRs required to initially fill the LP tank (size as requested by the customeq {31 The following monthly rates shall apply to all Rew customers as of March 1, 1999, who are provided the availability of propane (LP) gas 11 Ordinance 6984-02 . z ,,' ~ ~ <. '. "'_ ...' ," .... ,.',:, '{II, ~ ". ,I" ,.'. .. ".,Ir,..,. ," "~,,~ ,'," :/"1"", "'; , service by the Clearwater Gas System, based on their applicable class of service: (a) Residential Bulk Propane Gas Service (Rate BRLP): Bulk delivered LP service for 'Vear round" aU domestic uses (such as water heatinQ, cookinq, heatinq, clothes drvinQ, and liQhtinQ) in all residences of three (3) units or less. Usage Class Annual Non-fuel Non-fuel Non- Units/Gallons Energy Charge Energy Charge refundable per Gallon per Therm Annual Customer Charge 1 0-60 $1.500 1.300 $1.639 1.~21 $96.00 8'1.00 2 60. 1--120 1.300 1.150 1.421 1.257 72.00 60.00 3 120.1--300 0.800 O. 700 0.874 0.765 60.00 48.00 4 >300 0.700 0.600 0.765 0.656 48.00 36.00 Budget billing is available for this customer class. (b) Residential Pool/Spa Heat Only "WiII Call" Propane Gas Service (Rate WRKO BRVVCLP): Bulk delivered LP SeNice for Illeisure living" domestic uses (such as pool/spa heatinq, fireplaces, and qrills) domestic pool and spa heat only uses in all residences of three (3) units or less. A "Will Call" customer is responsible for monitorinq tank fuel level and reQuestinQ propane delivery. No trip chan::,e for delivery if customer can wait for a normally scheduled 3-business day delivery. Trip charQes for early delivery are located in (3)(h). 12 Ordinance 6984-02 , " '" 1,( .t " ~ , , Annual Gallons Non-fuel Energy Charge per Gallon Non-fuel Energy Charge per Therm Non-refundable Annual Customer Charge 1 st 300 $0.800 0.700 $0.874 O. 765 $48.00 36.00 >300 0.700 (h6QQ 0.765 0.656 Rate BR\^JCLP Requirements: Must be a "\^Iill Call" customer No trip charge for delivery if customer can wait for a normally scheduled 3 business day delivery. $-10.00 trip charge for next day delivery. $40.00 charge and $60.00 surcharge for same business day, holiday or weekend delivery. Budget billing is available for this customer class. (c) Resldential Pool/Spa Heat Only "SPLASH" Gas Service (Rate BRSPLP): Bulk delivered LP service for domestic pool and spa heat only uses in all residences of three (3) units or les5. Usage Class Annual Non fuel Non fuel Non Units/GallGRS Energy Charge Energy Charge refundable per Gallon per Therm Annual Customer Charge 4 15t 200 $0.600 $0.656 $36.00 >200 0.500 -G-:54e 2- 15t -100 0.500 0.5-16 36.00 13 Ordinance 6984-02 '., , ~ ;, ,'~ I, , .. '. . '. /. I,',: ", '" ' 1 '.. I.., 1" .... .~' , .... ,_ ",' , ~ ., " , 4 ",' "'" I I >'100 I G.500 I 0.5'16 Rate BRSPLP Requirements: Must be a "'.^lill Call" customer. Customers must prepay for initial block amount of fuel (non refundable). No trip charge for delivery if customer can wait for 3 normally scheduled 3 business day delivery. $-10.00 charge for next day delivery. $-10.00 trip charge and a $60.00 surcharge for same business day, holiday or weekend delivery. (c) Residential Loop System Propane Gas Service (Rate LRLP): Metered delivery LP service for all domestic uses within a loop delivery system (Propane Distribution system servinq multiple customers. ) Monthly Customer Chan::Je. . . . . . . . . . . . . $7.00 Non-Fuel Enerqy Charqe Per qallon . . . . . . . . . $0.800 (= Per therm . . . . . . . $0.874 Minimum Monthly Bill . . . . . .$7.00 (d) Commercial Propane Gas Service (Rate BCLP): Bulk delivered LP service for commercial, industrial, and other applications where no other rate is applicable. Usage Class Annual Units/Gallons Non-fuel Non-fuel Energy Charge Energy Charge per Gallon per Therm Non- refundable Annual Customer Charge 14 Ordinance 6984-02 '"', ~ .,/", J~'" ,.,...~.: .', _~ .. .:",' I '. " t \l: .: ,',',. ", f', ", I.'..' ,"'.: . ",.', r' ',".'. '. .. . ':'.' 1 0--2500 $0.200 $0.219 $60.00 2 >2500 0.150 0.164 60.00 (e) Residential Metered Propane Gas Service (Rate MRLP): Metered delivered LP service for all domestic uses in all residences of three (3) or less. Monthly customer charge. . . . $7.00 Non-fuel energy charge: Per gallon. . .. 1.600 1."100 (=Per therm . . .. 1.749 1.530) Minimum monthly bill. . . . 7.00 (f) Multi-family Metered Propane Gas Service (Rate MMLP): Metered delivered LP service for all domestic applications within the living units of multi-family buildings of four (4) units or more. Monthly customer charge. . . . $15.00 Non-fuel energy charge: Per gallon. . .. 1.600 1/100 (=per therm . . .. 1.749 1.530) Minimum monthly bill . . . . 15.00 (g) General Metered Propane Gas Service (Rate MGLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is 0--2,500 gallons. Monthly customer charge. . . . $15.00 Non-fuel energy charge: Per gallon. . . . 0.200 (=Per therm . . . . 0.219) 15 Ordinance 6984.02 ~ ..' .," ~ ~ c....'~ .' . '" l~.~' .,' ",..., ; .,' " 1 . ~ "1"'." .' ., ~. . I \ . ,I ,:...' Minimum monthly bill. . . . 15.00 (h) Large Metered Propane Gas Service (Rate MLLP): Metered delivered LP service for all commercial, industrial, and other applications where no other rate is applicable and the annual consumption at the premise is more than 2,500 gallons. Monthly customer charge. . . . $20.00 Non-fuel energy charge: Per gallon. . . . 0.150 (= per therm . . . .0.164) Minimum monthly bill. . . . 20.00 (i) Contract Propane Gas Service (Rate CLP): Contract metered or bulk delivered LP gas service for special applications and conditions approved by the city manager or designee. This rate is typically applicable where competitive fuel sources are confirmed to be available to the customer and a special rate with special conditions are required to obtain/retain the customer. Such service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. As established by contract (typically the same as the normally applicable service class) Non-fuel margin rate. Per gallon as established by contract Minimum monthly bill. Monthly customer charge plus the non-fuel usage rate for contracted level of monthly consumption. G) Propane (LP) Gas Vehicle Service (Rate LPV): Propane gas service for fleet vehicle fueling. This is a contract rate approved by the CGity Mmanager or desiQnee. Provision of this service must fall within the normal construction feasibility formula to insure a profitable payback to the city. Monthly customer charge. $7.00 for residential or $15.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. 16 Ordinance 6984-02 , ~,.' '.'" :". -,_ '. . _: ,I. ,,' ~ I~ r: ",.' . ~.. ' , ,.,,'. .. . t' ~ . ' ..' ,. .; .' . " " " "~". - " ','.,., . ' . Non-fuel energy charge. $0.100 per gallon = $0.109 per therm plus any applicable customer-specific or public fill station facilities charges required to provide this service. Minimum monthly bill. Monthly customer charge plus any applicable monthly facilities contract charges for special facilities, metering or fleet conversion costs required to provide this service. Monthly customer charge. $7.00 for residential or $15.00 for general service applications only if a customer charge is not already being billed on another metered account at the premise on a firm rate schedule. Note: The total energy charges for this service including all adjustments, facilities charges, taxes, etc., may be expressed as a rate "per gallon equivalent of gasoline." (k) Propane Gas Emergency Generator or Other Standby Service (Rate LPS): LP gas service to an account separately established for back-up service, either metered or bulk delivered, where no other substantial gas service is used for year round purposes. Monthly customer charge. . . . $30.00 25.00 Non-fuel energy charge: Per gallon. . . . 0.390 (= per therm . . . . 0.426) Minimum monthly bill . . . . $30.00 25.00 Initial metered usage charge. A one-time charge for the number of gallons required to initially fill the LP tank (size as requested by the customer). (I) A minimum fill charge of $'10.00 for bulk or metered delivery customers that request a deliver in less than 3 business days, except that there will be no ch3rge if the tank is less than 30%) full at the time of the fill. . @(4) Other gas charges. The following charges and fees may also be applied to customers of the Clearwater Gas System served under an applicable natural gas or propane (LP) gas service rate: 17 Ordinance 6984-02 , '. - .. , '. r' .', . \ . , .,.... ." I. . ,', ~' l,' (a) Facilities contract charge (rider FCC): A rider applicable to any of the above rates to cover installation of facilities beyond those typically provided to other customers of the class or beyond the costs incorporated into the applicable gas rate. On-going FCC charges.... A monthly flat or per unit consumed charge calculated to cover the on-going estimated maintenance costs associated with the special or additional facilities. These charges will be contractual and subject to annual revisions upward based on the CPI index or based on a revised cost calculation at the discretion of the CGity Mmanager or designee. 18 Ordinance 6984-02 , ~ \' : ,..j '. . - " . . . , " ' . ,. ~ ~ ' , ". '. ' ,I ." ,', '< '1 . .' _ 1'. . . : . ". ~,.. J...",'.. ,'. ,'. . . . .,: _' \ .. ,\ .. Time-limited FCC charges.... A monthly flat or per u nit consumed charge calculated to cover the costs associated with additional facilities as requested by the customer, excess main and service construction costs which do not meet the construction feasibility formula, or appliance/equipment sales costs. Such charqes may include other applicable costs associated with furnishinq the requested facilities, includinq financinq costs. Where such FCC charqes result from the additional costs incurred by Clearwater Gas System at the request of the developer to achieve feasibility, such FCC charqes are bindinq upon the future customers/occupants of such applicable accounts for the period necessary to meet the feasibility calculation for the proiect. +Ae interest rate will typically be at the currently applicable cost of marginal funds to the gas system (gas revenue bonds or other financing instruments). The interest rate wifl be set by contract and approved by the city manager ot:-Gesignee based on a revie't.' of the currently applicable financing rates avaiJa.9.te to the gas system and may be revised from time to time. Public fill station facilities charge.... A natural gas per therm or propane (LP) per gallon charge calculated to recover the common facilities costs to provide such seNice. This will be calculated and may be updated from time-to-time by the gas system and approved by the Ceity Mmanager or designee. (b) Purchased gas adjustment (rider PGA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover the cost of the Clearwater Gas System CGS's purchased gas supply, including losses and use by gas system facilities/equipment and other applicable expenses. 19 Ordinance 6984-02 " . '., ,\:..' .' :. ". " ,," ,. ',. " l ", 1 . ~ \' , 1. ,', . ('.' ~' ,~, ~ The currently calculated PGA rates for all rate schedules, unless specifically broken out by contract, are: Natural gas firm standard rate schedule PGA, per therm . . 0.580 0."105 Natural gas interruptible and contract (non-standard) rate schedule PGA, per therm . . . .0.500 ~OO Propane (LP) gas rate schedule PGA: Per gallon. . . .0.520 0.'150 (= per therm . . . .0.568 0.513) The above PGA rates are based on the weighted average cost of gas (WACOG) as currently approved for March 2002 JanuafY 1999. These PGA rates will normally be adjusted semi- annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the CGity Mmanager or desiQnee based on actual and projected supply costs and projected consumption levels in order to recover the total cost of the gas system's supply plus all costs attributable to the acquisition of system supply gas and other applicable expenses. The over or under recovery of these PGA costs will be computed monthly and an adjustment in the PGA rate will be made at the discretion of the CGity Mmanager or desiQneei however, the PG.L\ rate wiU-be-aGjtl&ted-aAytime the over or under recovery for either naturaJ-eF-pFGpane (LP) supply gas is projected to exce~QMG. The differential between the Natural Gas Firm Standard Rate Schedule PGA and the Natural Gas Interruptible and Contract (Non-Standard) Rate Schedule PGA will be established and approved by the city manager or designee for each semi-annual period based on the available records for the most recent 12 months. This differential will typically be computed by dividing the transmission pipeline "reservation charges" component of the WACOG by the therms sold to all of the natural gas firm rate schedules. The gas system may also segment specific gas purchases for specific targeted custorner(s) based on contract. (c) Energy conservation adjustment (rider ECA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non- contract standard propane (LP) gallon rates to recover the cost of energy conservation programs undertaken by the Clearwater 20 Ordinance 6984-02 , ,. ~ ~, ' '.., . " ' f" ~ ' , , . , .. .. , '. ~.' " . .' I . .. I j.', '..: Gas System f:l~_and approved by the CGity Mmanager or de~gI!~~. The ECA will not be applied to interruptible natural gas or contract ratesJ ex~mJor that portion of ECA, which is colle_ct~.ctll_~__~_.p.~J:L9f the PGA, which may be up to one-half of !b~..9~'.L[~Dt!Y..~PRE9_~'~J?I~ ECA billinQ rate. The currently calculated ECA rates are: Natural Gas Rate Schedule ECA, per therm . . . . 0.160 M4Q Propane (LP) Gas Rate Schedule ECA: Per gallon. , , . q..19_Q OT03.7 (= per therm . . . . 0.175 0-:-(40) The above ECA rates are based-en expeRSe-tevel rates as currently approved for March 2002 January 1999. These ECA rates will normally be reviewed semi-annually in April and October and may be adjusted upward or downward from time-to-time with the approval of the CGity Mmanager or desiqnee based on actual and projected energy conservation program costs and projected consumption levels in order to recover the total cost of applicable gas system programs as approved by the CGity Mmanager or desiqnee since March 1, 1995, including energy conservation incentive payments as well as the applicable labor and other costs attributable to such energy conservation programs and other applicable expenses. The over or under recovery of these ECA costs will be computed and an adjustment in the ECA rate will be made at the discretion of the CGity Mmanager or desiqnee; however, the ECA rate will be-adjusted-aRy.time the over or under recovery is projected to excee~. (d) Environrnental imposition adjustment (rider EIA): A rider applicable to all firm standard (non-contract) natural gas therm rates and non-contract standard propane (LP) gallon rates to recover the cost of environmental programs imposed on the Clearwater Gas System by federal, state and local regulatory agencies. The EIA will not be applied to interruptible natural gas or contract rates. The currently calculated EIA rates are: Natural Gas Rate Schedule EIA, per therm . . . .0.000 Propane (LP) gas rate schedule EIA: Per gallon. . . . 0.000 21 Ordinance 6984-02 ...,' ,_ ',' .~' 'J., '., . "f_ .,' , ,\" . ", ..'.' . ,:., " '.', '. ',~. ':'~ "\",,: (= per therm . . . . 0.000) The above EIA rates are tAe-rates as currently approved by the dty managsF-effeGtwe-as-af:>PFOV€G for March 2002 January 1999. These EIA rates will normally be reviewed semi-annually in April and October and may be adjusted upward or downward from time- to-time with the approval of the CGity Mmanager or desiQnee based on actual and projected environmental project costs and projected consumption levels in order to recover the total cost of gas system environmental cost impositions as approved by the CGity Mmanager since February 1, 1993, as well as the labor and other costs attributable to such environmental projects. The over or under recovery of these EIA costs will be computed and an adjustment in the EIA rate may be made at the discretion of the CGity Mmanager or designeei-Rowever, the EIA-fate...w.ill--Ge adjusted anytime the over feGGV8ry is pmjeGted to exceed the plan by $150,000. These EIA GGSts-may be recovered ovef-8fl extended time period 3S approved by-tt-le-Gity maRageF. (e) Weather normalization adjustment (rider WNA): A rider applicable to all natural gas therm rates and propane (LP) gallon rates to recover loss of planned base non-fuel revenues to the Clearwater Gas System due to unusually warm winter weather. The WNA rate is currently approved for March 2002 January, 1999 at: Natural gas rate schedule WNA, per therm . . . . 0.040 0.000 Propane (LP) gas rate schedule WNA, per gallon. . . .0.040 0.000 The WNA rates may be implemented based on actual heating degree day data, the gas system's projections of the impact of this weather on revenues, and projected consumption levels. The implementation of the WNA will be at the sole discretion of the Ceity Mmanager or desiQnee only if the heating degree day data was at least a ten percent variation below the ten-year historical average and the CGity Mmanager or desiqnee determines that this has created a material impact on the earnings of the Clearwater Gas System fer the year warranting the WNA implementation. Any over or under recovery or distribution may be credited or debited to the pga at the discretion of the CGity MFllanager or desiQnee upon discontinuance of the charge. (f) Franchise and other city/county fees recovery clause (rate FFR): A charge levied by the Clearwater Gas System on every purchase of gas within a municipality or county area to recover the costs 22 Ordinance 6984-02 , \ '. . . , ' <,"':~ , t . ,.,' ~ ' . '. . " ~.' " , _.' '~i ,~ " . '" . . '. . , . ' , " ' " " _ .'..,':' <." """,' : ' : ,Ii :, ,to, assessed by governmental entities in accordance with the franchise agreement in force between the City of Clearwater and that other governmental entity and including any other otherwise unrecoverable fees, special taxes, payments in lieu of taxes, or other impositions by any governmental entity (including the City of Clearwater) on the services of the Clearwater Gas System sold within such municipality or county area. The fees collected within each governmental jurisdiction shall be used exclusively to pay the franchise fees and other governmental fees, taxes, and other impositions levied on services within that governmental jurisdiction. Within the City of Clearwater where a franchise agreement is not in force, the City of Clearwater will levy a six percent payment in lieu of taxes on all gross firm natural gas sales (excluding interruptible) and the Clearwater Gas System will bill this in the same manner as if it were a franchise fee, except that for contract natural gas sales the rate will ee:. Effective for bills rendered on and after March 1, 1999 2%) Effective for bills rendered on and after October 1, 1999 -10/0 Effective for bills rendered on and after October 1, 2000 6%) (g) Tax clause (TAX - Various): All taxes due the appropriate governmental entities (such as but not limited to State of Florida gross receipts tax, State of Florida sales tax, county sales tax, municipal utility tax, and others which may be legally levied from time totime on the purchase of gas) will be billed to the customer receiving such service and rendered to the governmental entity in accordance with the applicable statute, ordinance, or other legally enforceable rule. (h) Other miscellaneous gas charges: The following charges are applicable whenever applicable gas services are rendered the customer: Meter turn-on residential, scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . . $30.00 25.00 Meter turn-on residential, same day as requested by customer (per account for new customers, seasonal reconnects, and after non- payment disconnect including turn-on of pilot lights) . . . .,$60.00 50.00 23 Ordinance 6984-02 f ' ' ,., . ,,', . ". \",.". :' . ", ' , . " '. " , I "\ . l ~, ... I ' ;. '., ... . " . ~ . ~ ' ~' ,', I . : .' "'. f : " Meter turn-on commercial/industrial scheduled next business day or beyond (per account for new customers, seasonal reconnects, and after nonpayment disconnect including turn-on of pilot lights) . . . . $60.00 50.00 Meter turn-on commercial/industrial, same day as requested by customer (per account for new customers, seasonal reconnects, and after non payments disconnect including turn-on of pilot lights) . . . .$120.00 75.00 Discontinue Meter turn off commercial service. . . . ,$50.00 4fM).Q Meter read for residential account change (no meter turn-on required but may include turn-on of gas pilot light) . . . . $30.00 25.00 Meter read for commercial/industrial account chanqe (no meter turn- on required but may include turn on of gas pilot Iiqhts). . . .$60.00. Replace broken stop or locks on meters. . . . Time & materials Relocate gas meter. . . . Time and materials Turn-on gas pilot lights only (per account) . . . . $30.00 20.00 Turn-off gas pilot lights only (per account) . . . . $25.00 ~Q Repair or installation work (one hour minimum) plus materials: 1 person crew time on-site/hour. . . .$59.00 -18.00 2 person crew time on-site/hour. . . .$99.00 88.00 Overtime surcharge for all work includinQ installation. service and repair, and maintenance (as requested by the customer for eveninqs, weekends, and holidays) . . . . Double normal charqe fate Overtime surcharQe for call-out turn-ons (as requested by the customer for eveninQs, weekends, and holidays). . . . Double same day charQe Special meter reading (per accolffit-at customer request includinQ billinq inquiries where readinq is determined to be accurate).. ~ account). . . $25.00 -1-a-:-OO 24 Ordinance 6984-02 . - .~.'~ )'. . , .. . II, . ."" . ~ ',..} .," ~ .; .. , ,." 4- I. '. '1, . ~ , . . ' , I . ~ Gas meter test at customer request- if results are within limits (per meter at customer request) . . . . $50.00 25.00 Reset residential gas meter after same customer requests removal (per meter) . . . ..$100.00 5fh.OO Unauthorized meter bypass or hookup. . . . Time and materials plus ten percent of the average monthly bill for each day since last reading Installation, maintenance and removal of service line excess flow valves as requested by the customer. . . . Time and & materials Emergency response for other utilities. . . . Time and & materials Evacuation of L.P. gas from tank. . . . $40.00 plus 0.60 per gallon removed plus applicable discontinue service charqes Other services not normally provided includinq work on customer property beyond the meter, such as leak surveys as required by requlation. . . . Time and materials Collector fee, See Appendix A - Public Works Utility Tariffs, Section (4)(a)3 Dishonored check service fee, See Code of Ordinances, Section 2.528 Missed sePJiGe appointment - Customer not present at time as arranged or equipment not accessible. . . . . 20.00 Applicable miscellaneous qas charqes (overtime surcharqes may apply). ResidentialllWiII CallI! Propane Gas Service trip charqes for early delivery: $40 trip charqe for next business day delivery $100 trip charqe for same business day delivery $200 trip charqe for same day delivery service outside normal business hours, holidays or weekends. Trip charqes will be applied even if LP tank is inaccessible or customer is not present when required. A minimum fill charae of $40 for bulk, "Will Call" or metered delivery customers that request a delivery, in less than 3 business days. except that there will be no charqe if the tank is less than 300/0 full at 25 Ordinance 6984.02 : ".'." .:./ \ ",,~' ~ ~: ~.' "..,' . ..... '~',(' "'." '... \t: t', _ : ,. ...' " .......~. .'...".,. .~: ',." <l. .,. the time of the fill. If a bulk or metered delivery customer requests a fill and the tank is found to be more than 300/0 full, "Will Call" trip charQes will also apply. Missed will call LP delivery/LP tank inaccessible. . . . '10.00 Leak inspection. . . ., .............. No charge Special seasonal gas turn-on.... The CGity Mmanager or designee is authorized to reduce or eliminate the normal gas turn-on charge during a period beginning not earlier than August 15th and extending through not later than November 15th to attempt to levelize the workload at the beginning of the heating season. Pipeline Damage Claims Any person or company who actively engages in excavating, boring, tunneling, backfilling, digging, removal of above ground structures by mechanical means and other earth moving operations, within the limits of the City of Clearwater Gas System service territory, shall be required to notify the one call notifications system 48 hours excludinq weekends and holidays before they start digging commences {References Florida Statutes ~556). If a person or company causes damage to an above or under ground pipeline facilities owned by Clearwater Gas System and through negligence or accident has been deemed liable for the damages, then that entity shall be responsible for all costs associated with the damage. This will include the cost of gas lost (billed at the purchased gas adjustment rate), time and materials to repair the damage, all labor cost associated with turning off and on gas accounts that were affected as a result of the damage, and any third party claims. The party or parties responsible shall remit payment for all claims directly to Clearwater Gas System upon receipt of invoice or notification of the City of Clearwater Risk Manaqement Department. 26 Ordinance 6984-02 .;~ ,T " . ,.,,:' . , . ..'". ,. ,.'.,f ; " '. , '..;: '" ',... '.,~' " , .... ,.,. '", "; ".:,' ~..""..: .:""'" ,~' :.;. S-f: .~'~' ~.C:'1" .l4J.fa) Gas contract and rate application policies: The following represent policies of the City of Clearwater as applied by the Clearwater Gas System: (a) Uniformity of rate and service application: To the extent that the customer requests a review of his/her rate account, all rates, charges and contract provisions are intended to be consistently and uniformly applied to all customers of the same type with the same usage characteristics, fuel options, and equipment capabilities. Any customer who feels that they have been treated unjustly and is unable to resolve the dispute with Clearwater Gas System personnel and management has full access to the normal City of Clearwater utilities dispute resolution process as defined in the City Code of Ordinances (9 32) including appeal rights to the Ggas Ssystem Mmanaging Deirector. If the customer remains dissatisfied after attempting to resolve the problem with the GEJas Ssystem Mmanaging Deirector, they may register a formal complaint by directing their concern in writing to theCGity Mmanager or designee who will schedule a meeting with the customer to determine the facts and make a final ruling on the resolution of the dispute. (b) Contract rate level determination: It is the policy of Clearwater Gas System to offer a customer or potential customer who currently uses or has access to an alternate energy source and has the capability to use this alternate energy source, or is otherwise deemed to be a threat to discontinue gas usage, a rate level which is up to fwe percent below that alternative or at a level adequate to acquire or preserve the gas load, provided that such a rate application will provide a reasonable profit margin to the Clearwater Gas System and the extension of any capital investment to serve such a customer falls within the normal gas system construction feasibility formula. Where the capability to use such alternative energy source will require an initial additional capital outlay by the customer, the contract rate up to five percent lower level may be based on a net present value calculation over the expected life of the facility. (c) Rate schedule reductions: The Csity Mmanager is authorized to reduce the billing charge(s) for any rate schedule(s) towards achieving the "cost of service based rates" as recommended in the most recent rate study done for the Clearwater Gas System. (d) Main and service extension construction feasibility: Whenever a prospective f3erspective customer requests a new gas service, the Clearwater Gas System will extend service to the prospective customer under the following conditions: 27 Ordinance 6984-02 ~ '" ,1,' , . ,,'j - , " ;', '> ' , :,", ~..', ',~: ' I. ~ , '.' '<I ", ~', ,~:,' ,; ,'\". f .,i', ..'..., . ,';.. ~ .". . 1. Design considerations. The extension of gas service to the perspective customer can be reasonably accomplished within good engineering design, access can be secured though easements or right-of-way, and the service will not jeopardize the quality of gas service to existing customers. 2. Main line extension construction feasibility. The maximum capital investment which will be made by the Clearwater Gas System to extend main lines and services to serve a new customer(s) shall be seven times the estimated annual gas revenue to be derived from the facilities less the cost of gas and the cost of monthly meter reading, customer accounting and billing. The formula shall be: Non-Fuel Energy Rate x Estimated Annual Therms/Gallons = Estimated Annual Gas Non-Fuel Revenues x 7 Years = Maximum Investment for Construction Feasibility Note: The Monthly Customer Charge is assumed to cover the cost of meter reading, customer accounting and billing. 3. Service line extensions. The Clearwater Gas System will install gas service lines off of the main line at no charge to the customer under the following circumstances: A year round customer has installed gas equipment with an estimated minimum annual consumption of two therms per foot of service line required, or The cost of such service line extension meets the Maximum investment for Construction Feasibility (as defined lid." above). Customers who do not meet the criteria for service extensions as set forth above will either be charged the estimated construction cost per foot for the excess footage or pay a contribution in aid of construction {CIACl to cover the deficiency amount from the above construction feasibility formula or enter into a facilities charge contract sufficient to cover this deficiency plus interest within a period of seven years. 4. Customer contribution required. If the capital construction costs to extend the main exceed the maximum investment for construction feasibility, the developer/customer(s) will be required to either provide a contribution in aid of construction (CIAC) to cover the excess investment amount or satisfy this 28 Ordinance 6984-02 , . I. .. .', j , , ~. . '., ' ,... " ~. " , :'.. . . I ~. ' . , . I.. . . " " . , . deficiency by entering into a facilities charge contract sufficient to cover this deficiency plus interest within a period of seven years. Such facilities contract charges may be reduced or potentially discontinued entirely to the extent that other customer(s) are added beyond the initial customer(s), the facilities covered by the facilities contract charges are used to serve these additional customer(s), and to the extent that there are calculated excess dollars above the additional customer(s) maximum investment for construction feasibility minus the capital construction costs for the mains to serve these additional customer(s). 5. Conversion of equipment to natural gas. The Clearwater Gas System will convert the customer's existing appliance orifice(s) to accept natural gas at no cost to the customer, provided that for commercial and industrial customers the use is year round; the customer enters into a contract to exclusively use the natural gas service of the Clearwater Gas System; and this amount, when added to the other cost to serve amounts, is still renders the project feasible. 6. Relocation of gas service facilities. When alterations or additions to structures or improvements on customer's premises require the Clearwater Gas System to relocate metering, service line, or main line, or when such relocation is requested by the customer for whatever reason, the customer may be required to reimburse the Clearwater Gas System for all or any part of the costs incurred to accomplish such relocation of gas system facilities. Section 2. Should any section, paragraph, sentence or word of this ordinance be declared for any reason to be invalid, the same shall not affect the validity of the ordinance as a whole, or any part thereof other than the part declared to be invalid. Section 3. All ordinances or parts of ordinances in conflict herewith are to the extent of such conflict hereby repealed. 29 Ordinance 6984-02 Section 4. This ordinance shall become effective upon adoption and shall. be applicable for all gas bills and services rendered on or after May 1, 2002. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: , Attest: 30 Ordinance 6984-02 Cynthia E. Goudeau City Clerk Worksesslon Item #: PSI 37 Clearwater City Comlnission Agenda Cover Memorandum Final Agenda Item # Meeting Date: April 4, 2002 SUBJECT IRECOMMENDATION: Pass on first reading Ordinance 6918-02, revising appendix A, Occupational License Fees, code of ordinances. D and that the appropriate officials be authorized to execute same. SUMMARY: In 1995, an ordinance was adopted that restructured and increased the City's Occupational License fees. This was done under the guidelines set up in the State Statute 205.013, et seq. as amended by a law signed into effect in 1993. An Equity Study Commission appointed by the City Commission reviewed the City's Occupational License fee and made recommendation. City staff then put those recommendations into an ordinance and the City Commission adopted the ordinance. Florida State Statute 205.0535 allows municipalities to increase their Occupational License fee tax rates by up to five percent every other year after the City's 1995 ordinance reclassifying and revising the rate structure. This requires a majority plus one vote of the governing body. The first of the five percent increases was adopted in 1997, two years following adoption of the ordinance. The fees were last increased by five percent on February 3, 2000. This agenda item and associated ordinance accomplishes this task again, meeting the two year provision. The new rates will become effective on April 18, 2002. For fiscal year 2000-2001, the Development Services Department processed 9,000 occupational licenses with associated revenue of $1,804,880. This 5% increase will generate approximately $95,000 of additional revenue. Staff recommends approval of the attached ordinance #6918-02 for a 5% increase in occupational license fees in accordance with State Statutes. Reviewed by: Legal )(J};J- Budget ~ Purchasing ~. OP Other Costs Info Srvc N/A Total Public Works DCM/ ACM CurrentFY Funding Source: CI Risk Mgmt N/A Other Ord. #6918-02 Submitted by: 1)'1 J JA City Manager ~ ~J Printed on recycled paper o None Revenue Code 321101 A ro riation Code: . , . .. ~. 'bJ .Y ~t,~ Dr! ?t. 4;'\'1 q~~( cJ-"I ~ ,'. !:', ::, " ,,' , ' i ! ' I, ! i ; . i ! ,,' , '., ..... .' .' '. I , . ' . .' . '" ' ". :..' " . ~", . .. '.f.... . \" . " :' 'I' ORDINANCE NO. 6918-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO OCCUPATIONAL LICENSE FEES; MffiNDING APPENDIX A, SCHEDULE OF FEES, RATES AND CHARGES BY 5% INCREASE IN FEES AND AMENDING THE ADMINISTRATIVE FEE CHARGES; PROVIDING AN EFFECTI\'E DATE. BE IT ORDAINED BY THE CITY COM:MISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Appendix At Code of Ordinances, is amended to read: APPENDIX A-SCHEDULE OF FEES, RATES AND CHARGES * * * * * * XXVIll. OCCUPATIONAL LICENSE FEES: Category No. 001.000 002.000 003.000 003.010 003.020 003.030 003.040 003.050 003.070 003.080 003.090 004.000 005.000 005.010 005.020 005.030 005.040 005.050 Category Fee ABSTRACT OR TITLE COMPANIES ............................................ $220.50 231.50 ADMINISTRATIVE OFFICE ............................................................... 82.50 86.50 ADVERTISING OR MARKETING Agency, general ...... ...... ................................................. .................. 60.50 63.50 Coupon book publisher or distributor (See note B) ....................... 110.00 115.50 Directory or guidebook publisher... .................... ................ ............ 110.00 115.50 Handbill or sample distributor .......................................................... 60.50 63.50 Soliciting for publication not listed in city ....................................... 49.50 51.75 Outdoor signs, advertising for other than the business on the premises........ ....................................... .............. 60.50 63.50 Welcome or greeting service...... .......... ....................... ....... .............. 55.00 57.75 Trade inducement business, NOC .................................................. 121.25 127.25 ADULT ENTERTAINMENT ESTABLISHMENT (See note B; See Chapter 41, Article V) ............... ..... .................... ................ .......... 1102.501157.50 DS I 3Cf AGENT OR AGENCY (See also brokers): Book or magazine ............................................................................. 49.50 51.75 Claim or collection (see note B) ..................................................... -l2~ 127.25 Credit reporting and mercantile. ...... ...................... .......... ................. ~() 75.00 Employment..... .......... ................. ......... .... ......................................... 71.50 75.00 Manufacturers/sales representative, Noe ................................... ..... '19.50 51.75 Ordinance 6918-02 ., ~,~ . " l, .' .' '.' . . ~ ..' . .. '. '. ' ' . ' . '"t '~ ' , I " . \ " ~~ ': t ~, , '0 005.060 005.070 005.080 005.090 006.000 006.010 006.020 006.030 006.040 006.050 006.060 007.000 008.000 009.000 010.000 010.010 010.030 011.000 012.000 013.000 014.000 014.010 015.000 016.000 016.010 016.020 016.030 016.031 016.040 016.050 016.051 016.052 2 Private detective or company (See note B) .................................... 121.25 127.25 Property management or leasing ...................................................... ~ 63.50 Talent (see note D)............................................................................ 71.50 75.00 Travel (see note D).................... .............. ....................... ................... 82.50 86.50 AIRCRAFT (See note 13; requires Engineering Dept. approval): Charter or rental.............................................................................. 121.25 127.25 Flying instruction ........ ......................... ....... ................ .................... 121.25 127.25 Passenger service ............................................... ............................ 121.25 127.25 Sales, new or used .............. ............................................................. 121.25 127.25 Servicing ............. ........ ..................... .... ........................................... 121.25 127.25 Storage, field or hangar................................................................... 121.25 127.25 AIRPORT (see note B) ...................................................................~..... 248.00260.25 ALARM SYSTEM BUSINESS, FIRE, BURGLARY, MEDICAL MONITORING (see note B) .................................................................. 60.50 63.50 AMBULANCE SERVICE (See article III of chapter 25) ..................... 60-:50 63.50 Plus per vellicle .... .......... .... .... ... ......................................... ........ ....... 22.00 23.00 ANIMALS Kennel..................... .......................................................................... 60.50 63.50 Groomer ................................................ ............................................ ~Q 51.75 APPRAISER (See note D for Real Estate)............................................. 71.50 75.00 ARMORED CAR SERVICE (See note B) ............................................ 60.50 63.50 Plus per vehicle.... .......... ............... ............. ............................ ........... 22.00 23.00 ARTIST....... ............ .......... .......................... ....... ..................................... 82.50 86.50 AUCTIONEER (see notes B and D) .................................................... 242.50 254.50 Auction gallery (See notes B and D).......'....................................... 714.00 781.00 AUDITOR.................................... ........ ...... ......................................... .... 77.00 80.75 AUTOMOTIVE: Dealership - Sale of new and used vehicles ................................... 441.00463.00 Dealer - Sale of only used motor vehicles...................................... 330.75 347.25 Garage - General repairs or replacements (See note D). for 10 bays or less................................................. ~ 86.50 For each additional bay............................................................... 11.00 11.50 Rental- Autos, trucks, recreational vehicles.................................. 165.25 173.50 Parking lot, permanent or temporary I-I 0 spaces.................................................................................. 27.50 28.75 II-50 spaces......................... ................ ....................................... 38.50 40.25 Ordinance 6918-02 016.053 016.060 016.061 016.062 016.070 016.080 016.090 017.000 018.000 019.000 019.010 020.000 021. 000 021.010 022.000 022.010 023.000 023.010 023.020 023.030 023.040 023.041 024.000 024.010 024.020 024.030 024.040 024.050 024.060 025.000 026.000 027.000 027.010 3 Over 50 spaces ........ ............................... ....... ....... .... ...... .... ......... 82.50 86.50 Storage I-50 Spaces .... ............... ......................... .............. .... ...... ............. 60.50 63.50 Over 50 spaces.......................................................................... 121.25 127.25 Washing and polishing...................... ............................................... 27.50 28.75 Wrecker or towing service ................................................................ "19.50 51.75 Service station, per fuel pump .... ....... .............. ....... ........... ............... 27.50 28.75 BAIT DEALER.................... ................................... ................................ 38.50 40.25 BAKERY GOODS, RETAIL................................................................. 60.50 63.50 BANKS (including savings and loan associations) for each bank location main or branch.. .............. ....... ........................... 275.50 289.25 Automatic teller machines .......... ............... ................ ...... ............... 110.25 115.75 BARTENDER, FREE LANCE.......................... ........... .......... ............... 55.00 57.75 BATHHOUSE (see chapter 9 division III}............................................. 27.50 28.75 Technician................................................................... ...................... 60.50 63.50 BEAUTYSALONffiARBERSHOP NAIL SALON, TANNING SALON......................................................1~ .00 46.00 Plus, for each chair or booth (see note D) ........................................ 11.00 11.50 Manicurist (see note D)............ .................................... .......... ........... 27. 50 28.75 BOATS AND BOAT TRAILERS: Dealer .............................................................................................. 110.25 115.75 Repairs and service .............................................. ............................. 66. 00 69.25 Rental (needs Harbormaster approval) ............................................. 38.50 40.25 Storage................ ......................................................... ...................... 82.50 86.50 Washing and Polishing... ...... ................................ ....... ..................... 27. 50 28.75 BOATS. PASSENGER: (needs Harbormaster approval) 1-15 passengers ............... ......... ........ ........... ................. ...... ............... 14. 00 46.00 16-25 passengers....................... ... ..................................... ................ 60. 50 63.50 26-50 passengers............................................................................... 71. 50 75.00 51-100 passengers ........... .......... ........... ............................................. &2~ 86.50 101-300 passengers ......... ....... ...... ........ ....... ....... ....... ............. ......... 110.25 115.75 Over 300 passengers .................... ........ ....... .............. ............. ......... 220. 50 231.50 BOOKKEEPING SERVICE ..................... ............................................. 60.50 63.50 BROADCASTING, RADIO AND TELEVISION STATION OR STUDIO................................. ......................................................... rn~ 127.25 BROKER, each Broker, mortgage (see note D).. ..................... .... ....... .............. .......... ~ 63.50 Ordinance 6918-02 , ,.,..' ", t:"',' . "\ '" .l'. "':... 1f":., ....." ; , .. '.' ",> I " I,., l~ ,. "'_ 'i< . , 1 " to \ '> '.. , .', . ~ I '. , ~',,' '" . & , , ..... ,,~ , :.,'" ., '. t 027.020 027.030 027.040 027.050 Broker, merchandise ... ....... ........... ............................ .......... .............. 60.50 63.50 Broker, stocks, bonds, etc.. dealer .................................................. 181.75 190.75 Broker, stocks, bonds, etc., individual............................................ 121.25 127.25 Broker, real estate (see note D)........... ....... ..................... .................. W:-W 63.50 Plus for each additional salesperson .......... ............... ..................... 27.50 28.75 028.000 BUSINESS ADVISORY SERVICES, NOC....................................... 121.25 127.25 029.000 (Reserved) 030.000 B UYERS CLUB............... .................................... .......... ......... ............. 110.25 115.75 031.000 CATERER........... .................. ........................ .......................................... 60.50 63.50 032.000 CEMETER Y/CREMA TORIUM ......................................................... 220.50 231.50 033.000 033.010 033.020 033.030 CLEANING, PRESSING AND DYEING Plant...................... ..................................................... ...................... 192.75 202.25 Branch/collection, each....... ...................................... ............... ......... 60.50 63.50 Sel f service or hand laundry...................... ....................................... 71. 50 75.00 PI us, per machine............................................................................. -l-:OO 1.05 Carpet cleaning on-si te ......................... ....................... ..................... 60.50 63.50 033.040 034.000 COIN AND/OR STAMP DEALER (see note B) .................................. 60.50 63.50 035.000 035.010 035.020 035.030 035.040 035.050 035.060 COMMERCIAL RECREATION/ENTERTAINMENT, NOC .......... '111.00 Dealer or lessor of amusement machines ....................................... 121.25 Miniature golf................................................................................... 60.50 Per game/machine/ride (excluding dealer) ............................. .......... 38.50 Entertainer (each)...... ....... ............................................ ............ ......... 60.50 Skating rink, shuffleboard, archery range or golf course ............... 121.25 Billiard parlor .................. ............................ ............... ....................... 77.00 Per additional table ........................................................................ 11.00 (Reserved) Theaters, with up to 150 seats...................................... ................... 275.50 Theaters, with 150 or more seats... .......... ........... ...... .... .......... ........906.25 035.070 035.080 035.081 036.000 CONSULTANT, NOC ... ...... ......................... .................... ..................... 82.50 CONTRACTORS, GENERAL CONSTRUCTION: Class "A" general (see note D) .. .... ....... .......................................... 275.50 Class "B" building (see note D)...................................................... 192.75 Class "C" residential (see note D) .................................................. 11 0.2~ 037.000 037.010 037.020 037.030 038.000 CONTRACTORS OR SUBCONTRACTORS (NOT GENERAL) 038.010 463.00 127.50 63.50 40.25 63.50 127.25 80.75 11.50 289.25 636.50 86.50 289.25 202.25 115.75 Acoustics ........................................................... ...................................... 60.50 63.50 Ordinance 6918-02 4 ," . . . f : ~ . , .' ,', '~. ,.\, , .' ." " .'.. ~ ". v .' -~,.' ~,' " '" f . " '..' :: ','" .:., .' ~ 1, .:' '" .:1. Air conditioning contractor, Class A (See note D) ........................ -l%~ 173.50 Air conditioning contractor, Class B (See note D)......................... -l-l.Q..2.5 115.75 -- 038.020 038.021 038.022 038.030 038.040 038.050 038.060 038.070 038.080 038.090 038.100 038.110 038.120 038.130 038.140 038.150 038.160 038.170 038.180 038.190 038.200 038.210 038.220 038.230 038.240 038.250 038.260 038.270 038.280 038.290 038.300 038.310 038.320 038.330 038.340 038.350 038.360 038.370 038.380 038.390 038.400 038.410 038.420 038.430 038.440 038.450 038.460 038.470 Air conditioning contractor, Class C (See note D)........................... 77.00 Alarm systems specialty (See note D) ..................... .......... ............... 60.50 Aluminum (See note D) .... ... .......... ... .... .... .... ....... ........... ... ...... ... ...... 60.50 A \\ffiing, shades and blinds.. ................. ....... ..................................... 49~ Bo il er .............................................................................. ... . ......... ... ... 60~ CaI])entry (See note D) ............ ................. ........................................ 60.50 Cabinetry and millwork ............. ....... .... ............................................ 60.50 Communication systems specialty (See note D) ............................. 60.50 Demolition, building (See note D) ................................................... 60.50 Dredging........ ................................. ................................................... 60.50 Dryvvall (See note D) .................. ................................................ ...... 60.50 Electrical (see note D)..................................................................... 165.25 Excavating, including filling, grading, and land clearing ................ 60.50 Elevator (See note D).............. .................................................... ...... 60.50 Exterminator (See note D) ........................ ........................................ 60.50 Fence erection (See note D). .............. ...... ......................................... 60.50 Fire sprinkler system, building (See note D).................................... 60.50 Flat work masonry specialty (See note D) ....................................... 60.50 Floor covering, laying, sanding, finishing........................................ 60.50 Gas, natural (See note D)............ ...................................................... 60.50 Gas, liquid petroleum (See note D) .................................................. 60.50 Garage door and operator installation (See note D) ......................... 60.50 Glass and glazing (See note D)............. ..................................... ....... 60.50 Gurute and sandblasting .... .............................. ..... ...... ........ ............... 60.50 Hauling, trucking or moving ................... ....... ..... ...... .... .... ...... ... ...... 60.50 House-moving (FDOT)............................................................... ...... 60.50 Installation, NOC .................................. ............................................ 60.50 Insulation.... ............................ .... ........... .... ........................................ 60.50 Irrigation systems specialty (See note D) ......................................... 60.50 Janitorial service ...................... ......................................................... 60.50 Landscaping/tree surgery...................... ............................................ 60.50 Lawn, yard and garden care.......... .................................................... 38.50 Low voltage systems specialty (See note D).................................... 60.50 Maintenance work (NOC) ................................................. ............... 60.50 Marble setting includes tile (See note D) ......................................... 60.50 Marine specialty (See note D) .......................................................... 60.50 Mechanical contractor (See note D) ............................................... 165.25 Mobile home setup specialty (See note D)....................................... 60.50 Ornamental iron work.......... ...... ............. .......................................... ~ Painting - including paperhanging (See note D) .............................. 60.50 Paper-hanging (only) ........... ............... ..... .......................... ......... ...... 60.50 Partitions, movable .................................. ......................................... 60~ Paving (See note D)............................. ............................................. 60.50 Pile driving (See note D) ..... ................... .......................................... ~ Pi peline (See note D) ................. ............. .......................................... ~ Plaster and stucco specialty (see note D).......................................... ~ 5 80.75 63.50 63.50 51.75 63.50 63.50 63.50 63.50 63.50 63.50 63.50 173.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 40.25 63.50 63.50 63.50 63.50 173.50 63.50 63.50 63.50 63.50 63.50 -- 63.50 63.50 63.50 63.50 Ordinance 6918-02 .~.. hi ;.~ - . ''''.' 1" 4 ,_'.", '., *. '. '; I"" ,~. ",,' ~ ", ! "", ,,:,' .' ': '. ~~ ~,.., : ...~":I ",\:,''',''''<''1...1,.' '. ..~ ~., t, \;; 038.480 038.490 038.500 038.510 038.520 038.530 038.540 038.550 038.560 038.570 038.580 038.590 038.600 038.610 038.620 038.630 038.640 038.641 038.642 038.650 038.660 038.670 038.680 038.690 038.700 038.710 038.720 Plumbing (See note D)... .............. ................ ............. ...... ... ............. -l-6~ Pollutant storage systems~ gasoline. oil, etc (See note D)................ 60.50 Pressure cleaning............................................................................... 60.50 Pre-stressed precast concrete specialty (See note D) ....................... 60.50 Refrigeration. commercial and industrial (See note D) ................... 60.50 Reinforcing steel specialty (See note D) .......................................... 60.50 Roofing (See note D) ........................................................................ 60.50 Septic tank/sewer cleaning....................... ......................................... 60.50 Sheet metal (See note D) ............ ...................................... ................ 60.50 Shutter and opening protectives (See note D) .................................. 60.50 Signs - electrical (See note D) ........ .................................... .............. 60.50 Signs - nonelectrical (See note D) .................................................... 60.50 Solar (See note D) .... ......................................................................... 60.50 Steel reinforcing (See note D) .......................................................... 60.50 Structural masonry specialty (See note D) ....................................... 60.50 Structural steel (See note D) ............ ......................... ........................ 60.50 Swimming pool, residential (See note D) ........................................ 60.50 Swimming pool, commercial (See note D) ...................................... 60.50 Swimming pool, service and maintenance (See note D) ................. 60.50 Tile and marble specialty (See note D) ............................................ 60.50 Underground utility (See note D) .. ...................................... ............. 60.5Q Veneer specialty (See note D) .. ..... .................................... .............. 60.50 Water softener installation and service............................................. 60.50 Welding (requires certification)................... ................................. .... 60.50 Well drilling (Requires certification from SWFW1v1D)................... 60.50 Window cleaning... .................... ....................................... ................ 38.50 Wrecking and dismantling (other than building) ............................. 60.50 173.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 -- 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 63.50 40.25 63.50 039.000 COSTUME OR CLOTHING RENTAL ................................................ 49-.-W 51.75 040.000 040.010 DATA PROCESSING CONSULT ANT/PROGRAMMER ................. 82.50 86.50 Data processing software ............... ................................................... 60.50 63.50 041.000 DA TING/ROOMMA TE SERVICE (See note B) ............................... 121.25 127.25 042.000 DECORATOR, INTERIOR ................................................................... 60.50 63.50 043.000 DELIVERYIMESSENGER SERVICE (includes first vehicle)............ 60.50 63.50 Plus, per each additional vehicle ...................................................... 22.00 23.00 044.000 DESIGNER, INDUSTRIAL (See note D) ............................................. 60.50 63.50 045.000 DISC JOCKEY, FREE LANe E.................................... ......... ................ 6Q..W 93.5Q 046.000 DIVER ...................... ............................................................................... ~ 57.75 047.000 DRAFTSMAN........... ....................... ...................................................... ~5Q 86.50 6 Ordinance 6918-02 ,....,' , .~ ~ "., " j h" <I 1 "...':... ~ .',..' ~. ',' " .,,,', _ ...... ..., : ,,l '... ,'.~~ ,:... " ~:, ,I., ..'.-,'1 ~"JI~"..,,:: ' ': 048.000 ELECTRIC POWER COMPANY ....................................................... ~ 173.50 049.000 049.010 EQUIPMENT RENTAL. small tools or appliances .............................. ~ 63.50 Equipment rental, large, heavy duty ............................................... 121.25 127.25 050.000 FLORIST............... ...... ..... ..... .................................................................. 60.50 63.50 051.000 FREE SERVICE BUREAU .......... .................. ......... ........... .............. ..... 77.00 80.75 052.000 FURNITURE REFINISH, REUPHOLSTER, CLEAN. AND REPAIR. .............. ............................................ .............................. 60.50 63.50 053.000 053.010 053.020 053.030 053.040 053.050 053.060 GROUP CARE FACILITIES Congregate care (21 or more clients) ............................................. 165.25 173.50 Convalescent/nursing home...... ..................................... ................. 165.25 173.50 Family care home (1--6 clients)........................................................ J8.W 40.25 Group care, level I (7--14 clients)..................................................... '19.50 51.75 Group care, level II (15--20 clients) ................................................. 77.00 80.75 Group care, level III (1--20 - special treatment)........ ........ .......... ..... 93.50 98.00 054.000 GUNS (See note B; requires federal firearms license), dealer, includes repair................... .... .................................... .... ........................ 121.25 127.25 055.000 HEARING AID, AGENT OR DEALER............................................... 71.50 75.00 056.000 . HOSPITAL........ ........... .................. ............................................ .......... 242.50 254.50 057.000 INCOME TAX PREPARER.................................................................. 60.50 63.50 058.000 058.010 058.020 058.030 058.031 058.040 058.050 INSURANCE Per each company, class, and type of insurance............................... 82.50 86.50 Adjuster........ ............ ................. .................... ............................... ..... 71.50 75.00 Agency (includes 1 principal, owner, manager or agent) ................ 60.50 63.50 Plus, per agent... ....... ....... ............. .... ....... ........ .................................. 27.50 28.75 (Reserved) Agent, independent ..... ........... .......... .......... ............. .......................... 82.50 86.50 059.000 059.010 ITINERANT OR PERMANENT, KNIFE TOOL SHARPENER........ 27.50 28.75 Itinerant, agriculture peddler............................................................. 38.50 40.25 060.000 KINDERGARTEN, NURSERY OR DAY CARE (See notes B and D)..................................... ...................... 49.50 51.75 061.000 LABORATORY (includes dental, medical, research, analytical, photo, chemical testing, etc.)....... ....................................................................... 88.00 92.25 Plus, per employee .... ................................................. ....................... 22.00 23.00 062.000 7 LAND DEVELOPERS...... ...................................... ............................. 121.25 127.25 Ordinance 6918-02 063.000 LECTURER AND INSTRUCTOR. ...................................................... 77.00 80.75 064.000 LOAN, FINANCE OR CONSUMER DISCOUNT COMPANY (See note D)........................ 275.50 289.25 065.000 LOCKSMITH (See note B) ... ..................................... ................ ............ 49.50 51.75 066.000 MAIL ORDER ESTABLISHMENT ..................................................... 60.50 63.50 MERCHANT OR MERCHANDISING: (See note B for sale of used merchandise) Inventory value $1,000.00 or less..................................................... 38.50 Over $1,000.00 but less than $2,000.00........................................... ~9.50 Over $2,000.00 but less than $3,000.00........................................... @.${) $3 ~OOO.OO and over..................... ...;...... .................... ..... .................... 60.50 Plus, per $1,000.00 or any fraction thereof over $3,000................. 4:-70 Mobile tool sales ............................................................................. 121.25 Antiques, used merchandise (See note B) ........................................ 60.50 Merchant, temporary permanentllocation ........................................ 55.00 Merchant, itinerant, permanent/location......................................... 165.25 Merchant, show or flea market, per exhibitor, includes food vendors, per event/show............................................................. &-:-90 9.25 Downtown convention/exhibition center ..................................... 3307.00 3472.25 Hardware Store or Lumber Yard with an inventory value less than $100,000.00..... ...... ...... ................ .................................... .........;...... 210.00 220.50 Merchant, ice cream truck (See notes B and 0)---------------------- ~ 52.50 067.000 068.000 MAILING, PACKAGING, ADDRESSING, FAXING ........................ 60.50 t\1ANUF ACTURING, FABRICATING, PROCESSING, COMPOUNDING 1 employee (including owner) .... ............................................ .......... 49.50 2--4 employees (including owner).................................................... 71.50 5--10 employees (including owner).................................... .............. 99. 00 11--25 employees (including owner).............................................. 121.25 26--50 employees (including owner).............................................. 181.75 51--100 employees (including o'Wner)............................................ 2'12.50 101--500 employees (including ovmer) ............................. ............ 275.50 Over 500 employees (including ovmer) ................. ............ ............ ~ 52.0Q 068.010 068.020 068.030 068.040 068.050 068.060 068.070 068.080 069.000 069.010 MASSAGE establishment (See note D and Chapter 9) ......................... 66.00 Massage therapist, each (See note D and Chapter 9) ....................... 38.50 070.000 070.010 070.020 070.030 070.040 070.050 070.060 070.070 070.080 070.090 070.100 070.110 070.120 071.000 071.010 071.020 Mobile homes Dealer (new or used) sales and service........................................... m~ Park, rental ...... ..................................................................... ............. 77. 00 Plus per space over 25 ..................................................................... J..6() Transport service (if independent of city licensed dealer or 071.030 8 63.50 51.75 75.00 103.75 127.25 190.75 254.50 289.25 474.50 69.25 40.25 40.25 51.75 63.50 63.50 4.90 127.25 63.50 57.75 173.50 127.25 80.75 3.75 Ordinance 6918.02 , ~ " . . , '!~ .. , ' . ",' , , ,', " ~ . . I " ~ _ . '- ' ,I, + ,. r I " .: .. . . ,':' 1 " ~', manufacturer) ..... .... ..... ................... ........... ....... ........ ........... .............. 71.50 75.00 072.000 072.0 I 0 MOTO RCYCL E, dealer............................................. ............................ 88.00 92.25 Motorcycle, scooter or bicycle rentaL.................................................... 60.50 63.50 073.000 MOVING. TRANSFER COrvlP ANY (See note B)............................... 99.00 103.75 074.000 074.010 074.020 MUSIC MACHINES/JUKE-BOX, COIN OPERATED: (not amusement or vending machines) Dealer or lessor...... ................... ................. ................. .... ..... ........... 121.25 127.25 Operator or lessee, each machine ..................................................... 38.50 40.25 075.000 075.010 075.020 075.030 NEWSPAPER, PERIODICAL OR NEWSLETTER: Less than 6 issues per week............................................ .................. 82.50 86.50 6 Or more issues per week.............................................................. 212.50 254.50 Agency or bureau............... ................. ......................... ................... 121.25 127.25 076.000 NURSERY, PLANTS (See note D) ....................................................... 60.50 63.50 077.000 077.010 077.020 PATROL, NIGHT PATROLMAN, OR PRIVATE WATCHMAN: Finn (See note B)...................................................... ................... ..... 82.50 86.50 Individual (See note B) ..................................................................... 38.50 40.25 078.000 PAWN BROKER (See note B) ..................................... ................ ....... J63. 75 381.75 079.000 079.010 PETROLEUM PRODUCTS, wholesale .............................................. 212.50 254.50 Petroleum products, deliver/sale, includes LP ............................... 121.25 127.25 080.000 PHOTOGRAPHY (See note B) ............................................................. 60.50 63.50 081. 000 PIANO TUNER............ ................. .............. .............................. ............. 27.50 28.75 082.000 PLATING OR ANODIZING, METAL ................................................. 60.50 63.50 083.000 PRINTING, PUBLISHING, ENGRAVING, LITHOGRAPHING AND BINDING (includes blueprinting services) ................................................. 66.W 69.25 084.000 084.010 084.020 084.030 084.040 084.041 084.050 084.060 084.070 084.090 084.100 PROFESSION (per licensee and per location) Accountant (See note D if CPA) .................................................... 110.25 115.75 Architect (See note D) ....... ............................................................. 110.25 115.75 Attorney (See note D) ....... ....... .............. ....... ........... ................ ....... 110.25 115.75 Chiropractor (See note D)...................................:........................... 110.25 115.75 Counselor/social worker (See note D).............................................. 82.50 86.50 Court reporter............................. .................................................. ..... 82.50 86.50 Dental hygienist (See note D)................ ........................................... 82.50 86.50 Dentist (See note D)........................................................................ 110.25 115.75 Designer, interior (See note D) ....................................................... 110.25 115.75 Embalmer/funeral director/undertaker (See note D) ...................... 110.25 115.75 Ordinance 6918-02 9 -: ., ,~,'. . I : ' " I . f . : I .... ".' " : 11 .'. ~ ' .' '. ~ , I' " t. f" ': . r. . . , ' ,'.'. , :. . ~, L, . .' . ., : 084.110 084.120 084.130 084.140 084.150 084.160 084.170 084.180 084.190 084.200 084.210 084.220 084.230 Engineer (See note D)..................................................................... 110.25 ]] 5.75 Homeopathic physician .................................................................. 110.25 1 ]5.75 Occupational therapist (See note D)............................................... 110.25 115.75 (Reserved) Optician, including sale oflenses and frames (See note D)........... 110.25 115.75 Optometrist (See note D) ................................................................ 110.25 115.75 Reserved Physician (See note D).................................................................... 110.25 115.75 Physiotherapist (See note D) . ..................................... .................... 110.25 115.75 Profession, N OC ....... ...................................................................... 110.25 115.75 Psychologist (See note D) ....................................... ........................ 110.25 115.75 Surveyor (See note D)....... ........................... ............... .................... 110.25 115.75 Veterinarian (See note D) . ............................ .................................. 110.25 115.75 085.000 PROMOTERlPRCMOTIONS (See note B)(lf temporary, per event) ................................................... 220.50 231.50 086.000 RAILROAD ................. .... ................. ............... ......... .................. .......... 248.00 260.25 087.000 RECORDING STUDIO .................... ............. .............. ....... ........... ........ 60.50 63.50 088.000 REFUSE COLLECTION AND DISPOSAL SERVICE (See note B and Sec 32.292 City Code)......... 248.00 260.25 089.000 089.010 089.020 REFUSE MACHINE, COMPACTING AND/OR BINDING: Owner or lessor .......... .........~............. ........... ................................... 2'12.50 254.50 Operator or lessee...... ........................................... .... .................... ... 110.25 115.75 090.000 090.010 RENTAL. NOC (See note B) ................................................................. 60.50 63.50 Hall/facility/property, nonresidential use (See note B).................. 110.25 115.75 091.000 RENTAL, UNITS (2 or more)................................................................ 27.50 28.75 Plus, per unit over 5 ... ...... ............ ....................................... ................ ~ 1.60 092.000 REPAIR AND SERVICE, NOC (includes handyman)......................... 49.50 51.75 Plus, for each employee (other than owner) ..................................... 11.00 11.50 093.000 093.010 093.020 093.030 093.040 093.050 093.060 093.070 093.080 093.090 093. 100 RESTAURANT (See note D; and Note B for alcoholic beverage sales) 1--10 seats........... ........... ................................................................... 38.50 40.25 11--25 seats ................;...................................................................... 60.50 63.50 26--50 seats ..................................................................................... 121.25 127.25 5 I --1 00 seats.......... ......................................................................... 181.75 190.75 101 or more seats ............................................................................ ~2.W 254.50 Snack bar, soda fountain ............... ......... .... .............. .... ............. ........ 49.50 51.75 Concession stand/vendor. per location or unit ................................. ~() 51.75 Canteen wagon or truck, per mobile unit ......................................... 55.00 57.75 Drive-in or drive-through/take out or delivery ................................. 82.50 86.50 Nightclublbar/tavemlcabaretllounge (See note B; see adult use 10 . Ordinance 6918-02 ~ " .' " . ... .. .,..' ~ . ~, . f.' '. _ f , " . . . r. f. ',' If... 'r . ' . ,',' I . ' " "', . ' if, f . 093.110 entertainment~ see commercial recreation/entertainment, entertainers) ... ............. .... .................................. ....... .................... .... 2.12.50 254.50 Dancing area..... ....... ............................... '.' ....... .... ............. ...... .......... '19.50 51.75 094.000 SCHOOLS - TRADE, STUDIO AND INSTRUCTION (See note D; also see note B for dancing or charm schools)............................................... 60.50 63.50 095.000 SECRETARIAL SERVICE (includes stenographers)........................... 60.50 63.50 096.000 SEWING (DRESSMAKER, SEAMSTRESS, TAILOR etc.) ............. '19.50 51.75 SHOE REPAIR (OR BOOT BLACK STAND) .................................... '19.50 51.75 097.000 098.000 SITIING - HOUSE, PLANT, PET (See note B)................................... 55.00 57.75 098.500 SPECIAL EVENTS - CITY SPONSORED, Per day, per exhibit.. ................. .......................................................... ~ 1.10 099.000 099.010 099.020 STORAGEIW AREHOUSING Indoor, per 1,000 square feet (minimum $50 fee)............................ 11.00 11.50 Outdoor, per 1 ,000 square feet (minimum $50 fee)........................ 22.00 23.00 100.000 T A TIOO PARLORS (See note D and Florida State Statute 877.04) ............................................................................. 110.25 115.75 101.000 TAXICAB COMPANY, includes first vehicle (See notes-B and Chapter 25)................... .................. ..........".................. 60.50 PI us for each additional vehicle ............. .................. ......................... 22.00 63.50 23.00 102.000 TAXIDERMIST..................................................... .... ............................. 19.50 51.75 103.000 103.010 103.020 103.030 103.040 103.050 TELEPHONE AND TELEGRAPH Telephone, company......... ................................ ...... ............. ...... ..... 2'18.00 Each branch office... .......... ....... .................... .......................... .......... 33.00 Telephone, business, private {includes 900 service; see note B) ..... 60.50 Telephone, solicitation (See notes B and D) .................................... 60.50 Telephone, answering service...................... .... ........ ............ ............. 60.50 260.25 34.50 63.50 63.50 63.50 104.000 TOILETS, PORTABLE SERVICE ..................................................... 110.25 115.75 105.000 105.010 105.020 TRAILER, CARGO (for boat trailers, see boats) Trailer, cargo, sales and service ........................................................ 60.50 63.50 Trailer, cargo, rental.......................................................................... '19.50 51.75 106.000 TRANSIT OR READY ~MIX CEMENT AND CONCRETE ............ 2'12.50 254.50 (This license required of any distributor making deliveries and/or sales within city limits, regardless of location of plant.) 11 Ordinance 6918-02 t . .' < , , . 'il" . ' . . . _ : 1" . . T. ~, ,. .' '". T. ". " ,\ .. 107.000 TRANSPORTATION SERVICES (bus station - interstate. chartered, limousine. sightseeing) (See chapter 25; see note B) ................................. 231.50 243.00 108.000 VACUUM CLEANER SALES AND SERVICE.................................. 60.50 63.50 109.000 VALET P ARKfN G......................................................... ........................ 55.00 57.75 110.000 11 0.01 0 110.020 VENDING MACHINES (excluding amusement, music machines, cigarette or stamp machines) Dealer or lessor......................... ........................................... ............. ~ Operator or lessee, per machine........................................................ 11.00 63.50 11.50 111. 000 VIDEO OR FIL!vl RENTALS................................................................ 60.50 63.50 112.000 WRECKING YARD... .............. ........................... ........ ......................... 2~ 2.50 254.50 113.000 UNCLASSIFIED, every business occupation, profession or exhibition, substantially fixed or temporarily engaged in by any person within the city and for which no license' has been ordained and not herein specifically designated (See note B).............. 121.25 127.25 OTHER RELATED OCCUPATIONAL LICENSE FEES/CHARGES: The DUPLICATE LICENSE FEE shall be $&15.75. The MINIMUM occupational tax shall be $25.00 (State Statute). PENALTY, DELINQUENT AND ADMINISTRATIVE FEES: The PENALTY FEE (operating prior to obtaining a license) shall be equal to 25 percent of the established fee. The DELINQUENT FEE shall be ten percent for the month of October plus five percent for each month of delinquency, not to exceed 25 percent of the established occupational license tax. In addition to penalty fee, the administrative fee shall be two times the normal fee with a maximum of $250.00 per license on accounts not paid by January 31st following the renewal notice The REGISTRATION FEE shall be $2~26.25. A TRANSFER FEE shall be up to 10% of the annual license tax but not less than $3 or more than $25. Notes: A. Requires approval by the city commission. B. Requires city police department recommendation. The applicant shall complete a backgroWld infonnation report, executed under oath, and shall submit to a background investigation, photograph, and fingerprints. The recommendation shall be based upon the criteria set forth in section 29.41 (6) and shall include a statement of the facts upon which the recommendation is Ordinance 6918"()2 12 Brian J. Aungst, Mayor-Commissioner based. e. RESERVED D. Requires inspection, approval or license of state or county authority. Noe .. Not otherwise classified. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Attest: Leslie Dougall-Si e Assistant City Attorney Cynthia E. Goudeau, City Clerk 13 Ordinance 6918-02 ~ , ~ .)' , . . ,,' . . ..' ..' '.. I, .' . _ ': ... ". 61 0 In In In ~ ,.... CO In In 0 0 N CO 10 ,.... .-1 0 0 0 V 0 .... .... .... .... In ... N 10 'S: N ... .... .... CO ,.... C't) C't) N N ... In .... iii 61 C ~ N 0 8 8 '0( 0 0 )( )( x ~ 0 0 : << iii (Y) In ..... 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Agenda: 4/4/02 Item #40 . . ' ~oi3 .. Cl~a1"\vater City Con1nlission Agenda Cover Menl0randu111 Work session Item #: Y uJJ. Final Agenda Item # L-f 0 Meeting Date: 04-04-02 SUBJECT/RECOMMENDATION: Approve a contract with Wolverine Property Investment Limited Partnership, a Delaware Limited Partnership, to purchase a portion of the Northeast % of the Southeast X of Section 8, Township 29 South, Range 16 East, a/kJa Friendly Village of Kapok Mobile Home Park, for $7,200,000 plus estimated environmental site assessment costs of $5,000, a current boundary survey at $2,500, estimated 2002 property and personal property taxes of $39,500, title insurance and other closing expenses of $76,500, for total estimated transaction costs of $7,323,500, ~ and that the appropriate officials be authorized to execute same. SUMMARY: · The Kapok Wetland and Floodplain Restoration Project was identified and prioritized as the top ranked flood control project in the Comprehensive Watershed Management Plan for the Alligator Creek Watershed (June 1997) developed cooperatively with Clearwater, Pinellas County, Safety Harbor and the Southwest Florida Water Management District. · The entire project hinges on the purchase of the 37 -acre Friendly Village of Kapok Mobile Home Park, most of which floods in 25 year and 100 year storm events. The purchase will allow implementation of other flood control projects in the upstream reaches of the basin. The project will improve water quality in Alligator Creek, thereby protecting Tampa Bay, an Estuary of National Significance, a S.W.I.M. Waterbody and an Outstanding Florida Water and Aquatic Preserve. The project will also allow continuance of a linear park from the Long Center on Belcher Road to Tampa Bay. · This purchase will require relocation of residents from approximately 200 mobile homes. The Commission awarded a contract in the amount of $2,688,132 to HDR Engineering on November 15, 2001 to facilitate relocation of the residents. Current FY $7,323,500 Funding Source: CI X OP Other · The City contracted two real estate appraisals of the subject property. Frank A. Catlett, MAl, of Trigg, Catlett & Associates estimated the market value of the park to be $7,550,000 as of December 19, 2001. Ron Sparks, MAl, and Alan D. Lane, MAl, of Colliers Arnold Valuation Advisory Services estimated the market value of the park to be $7,100,000 as of the same date. Both appraisals have been forwarded for review by Florida Communities Trust (FTC). It is anticipated FTC will reimburse the City up to $3,500,000 of the purchase price if it approves the appraisals. · Closing of this transaction is contemplated not later than 40 days following the Effective Date of the contract, pending fulfillment of contract conditions by the parties. · Resolution 01-21 was passed on November 15, 2001; establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2002 revenue bonds as a funding source were included in the project list associated with Resolution 01-21. · Sufficient budget for interim financing or funding with 2002 Stormwater Revenue Bond proceeds when issued is available in project 377-96141, Kapok Flood Resolution for this purchase. · A copy of the purchase contract is available for review in the Cit Clerk office. Reviewed by: Originating Dept: .~ Costs: Legal ~ __ Info Srvc Public Works (E. Barre Total Budget -AY Public Works User Dept. Purchasing ~ DCM/ACM Risk Mgmt NA Other $7,323,500 Submitted by: D ". City Managor l~ ~ Attachments Locator Map Site Plan 00 None Appropriation Codo: 377 -96141-560100-539-000 Printed on recycled paper [Kapok Purchase Agn 0402 ewb.doc] Rev. 2/98 .,.14' i,... '-', I, -.' .:.. ......., . ,'..4," .,':~":~ ',' ...;'..' I. ~.".~ ,.: """J' ..' :.".... .. ':' '...t,'t.: ,..':',.".,.....::..'. :' \ pl))~ L/U I LOCATOR MAP: THE FRIENDLY VILLAGE OF KAPOK I t.' :'.J j, ~ - . .c ... ... o 2 _ 0), __~_=,_ ,.... J:' " (I) EJ I - ---".... -- , I ~,~~~ + ., .1 <@ ,~ E) ~.> (~) ~;'J :) .~~:. ~J + I ,-, ::1" ',. ' - .. ,.;) .. : - ,_':d::, (..l'::: _ __, , ,_,__ _ ']~i~77~! 7:'~;"- '''- .. ej' . (:,) .1 :>__ "---~ I, + + e -. + S~ , .-1':'~ ;bR-EW . ... -----..---~ t?,.J II :...~..: . . I "'"of I (:) '.... -. . I l~' ". .. ,~~ ,. "~r:.: ,. . (..;') ..... '!f:77 'j .' " =!.- I, ' ... -~. II SITE PLAN: THE FRIENDLY VILLAGE OF KAPOK II 9vj\ '" \JI "" '... VI o ~ N 0 25 ::: - 85 '00 PARK 0 IIJ l N (7) 1(OG,.C)9' 0 > .J ill ~ Q) 0) ~ 85 0 ,ORM: UJ -- -- --, r---- 427 429 431: I 4JJ BS I iii ..035 lD 41(02 , ~ ;:: , ~4" VI , I - ~ 15(5J ..... VI CII oJ> UI '" oJ> U> N :Q 616 618 650 1 622 624 '''0 92 ~ G ~ 7 ~ 92.17 0 '" '52.1 lD 9 1~.11 lIJ !2 ","". . " ,'" .. I , . . . '. , , I " / ... I ,'. "'. '/"'" .' .' ./ ' //' \ . \ / . , \ lIJ !2 N .. .. J. 40 ~ ~ Ill: 3 ~I I . III .0 III 31 . , "4 lr 1 ' . f.~, 'J . I ',JI ' . , . ~ " I ,j ~ . .' -: " . . . ~ .' ~,' " \ ' ,. ... ". ...... ~ <II . <II ' .J ' , J fJ~) d- LjO UNSOLICITED OFFER TO PURCHASE THIS AGREEMENT, is made and entered into as of the date of the last signature shown on the signature page hereof, by and between the CITY OF CLEARWATER, FLORiDA, a municipal corporation of the State of Florida ("Buyer"), and WOLVEIWv'c PROPERTY INVESTMENT LJ.~f/TED PARTNERSHIP, a Delaware limired partnership ("SeHer"). RECITALS: A. Seller is the Owner of a manufactured home community known as Friendly Village of Kapok, located at 2950 Glen Oak Avenue, Clearwater. Florida, as more particularly described on Exhibit "Au attached hereto (the "Subject Premises"). B. SeHer desires to sell and Buyer desires to purchase the Subject Premises, all in accordance with and subject to the terms and conditions set forth herein. CONSIDERATION AND AGREEMENT: IN CONSIDERATION of the mutual covenants and agreements herein contained and of the benefits to be derived herefrom, receipt whereof is hereby severally acknowledged, Seller and Buyer hereby agree as follows: 1. Offer and Acceptance, Buyer hereby agrees to purchase the Subject Premises, together with all improvements and appurtenances, leasehold interests and the personalty located thereon. Included in this sale are, to the extent presently located On the Subject Premises and owned by Seller, all plumbing, heating, lighting, air conditioning fixtures and units, hot water heaters and equipment, appliances, rubbish removal equipment, fire detection and/or extinguishing equipment, landscaping equipment, awnings, screens. television reception equipment, mailboxes, cleaning and other supplies, office and other furniture, carpeting, drapes and other like items, and all licenses and permits, together with all right, title and interest in any street, road or avenue, open or proposed, in front of or adjoining the Subject Premises, or any part thereof, to the centerline thereof, and Seller's rigbts under all assignable service contracts, and the name "Friendly Village of Kapok Mobile Home Community", but excluding office equipment such as the computers and fax machines. Seller will provide, at the time of delivery of the executed agreement by Seller, a complete written inventory of personal property to be conveyed to Buyer. Following execution of this Agreement by Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of thirty (30) days following deli\'ery in duplicate original to Paul Richard Hull, Assistant City Attorney, City of Clearwater, for acceptance and approval or rejection by action of the Clearwater City Commission (the "Commission"). If this Agreement is accepted and approved by the Commission, it will be executed by duly authorized city officials and delivered to SeHer within seven (7) days thereafter, and as soon thereafter as they become available Buyer shall deliver to Seller a copy of the minutes of the meeting at which the Commission authorized Buyer to acquire the subject parcel in accordance with the terms and conditions hereof. If this Agreement is rejected by the Commission upon presentation, this Agreement shall be null and void in aU respects and Buyer shall inform Seller immediately thereafter. 1 ".," 1\1 Lv. L 'J '..1'- J I ,I! ,'I .\ 1.1, : I j I 2. Purchase Price. The purchase price for the Subject Premises shall be Seven Million Two Hundred Thousand ($7,200,000.00) Dollars, payable as follows: A. Deposit. Within two (2) business days after execution of this Agreement by Buyer, Buyer shall deposit in escrow with an escrow agent satisfactory to Seller and Buyer (hEscrow Agent"), an earnest money deposit in the amount of One Hundred Thousand and 00/100 ($100,000.00) Dollars, which sum shall be held in accordance with the terms of this Agreement and applied upon the Purchase Price at Closing if the transaction is consummated (the "Deposit"). If the Deposit is held in an interest bearing escrow account, any interest on the Deposit shall be credited to Buyer at Closing, and the term ~'Deposit" shall be deemed to include such interest. B. Balance. The balance of the Purchase Price shall be paid, plus or minus closing adjustments, as the case may be, less the Deposit, in certified, cashiers, or wire transferred fWlCis to the Seller upon Closing. 3. Evidence of Title. A. As evidence of Title, Seller agrees to furnish or cause to be furnished to Buyer, as soon as possible, and no later than twenty-one (21) days prior to closing, a Commitment (the "Title Commitment") for an A.L.T.A. fee owner's policy of title insurance to be issued at Closing (or as soon as possible thereafter), in the amount of the Purchase Price, which Commitment shall be issued by Seller's local Florida counsel, as agent for Chicago Title Insurance Co. ("Title Company"), the same to bear a date later than the date hereof, wherein said Title Company shall agree to insure the title in the condition required hereunder. Seller shall, at the time of Closing, order a Policy of Title Insurance from Title Company pursuant to the Title Commitment for delivery to Buyer as soon thereafter as possible. At Closing, the cost for the title insurance policy to be issued in accordance with the terms of the Title Commitment shall be paid by Buyer. The cost to be paid by the Buyer shall not exceed Twenty-One Thousand $21,000.00 (Dollars). In addition, any Closing costs charged by the Title Company shall be paid by Buyer. The Closing costs to be paid by the 'Buyer shall not exceed Four Thousand ($4,000.00) Dollars. B. If objection to the title is made, based upon a written opinion of Buyer's attorney sent within fourteen (14) days following Buyer's receipt of the Title Commitment, that the tide is not in the condition required for performance hereunder, Seller shaH have thirty (30) days from the date it is notified in writing of the particular defects claimed, either (1) to remedy the title, or (2) to obtain title insurance as required above, or (3) to refund the Deposit in full termination of this Agreement if unable or unwilling to remedy the title or obtain the title insurance; provided, that Buyer may elect to waive such defects and proceed with the transaction subject thereto. If Seller remedies the title or shall obtain such tide insurance within the time specified, Buyer agrees to complete the sale within fifteen (15) days of written notification thereof but no sooner than the Closing Date hereinafter specified. If the Seller is unable or unwilling to remedy the title or obtain title insurance within the time specified, then, subject to Buyer's satisfaction of the conditions contained in Section 10.E hereof, the Deposit shall be refunded forthwith in full termination of this Agreement. If objection to title is not made by Buyer or Buyer's attorney within the fourteen (14) day period provided for herein. Buyer shall be deemed to have waived any matter or alleged defect appearing in the Title Commitment. 4. Possession. Possession of the Subject Premises shall be delivered to Buyer at the time of Closing subject to the rights of tenants in possession. 2 I ..' ' . ~ , ..' . ,'. , ' , ~ ~. , " " ,',', . r .,.' ,.. l ~ \, S. Representations and Warranties. Seller represents and warrants unto Buyer, as of the date hereof, and the date of Closing: A. SeHer has the authority to enter into this Agreemel1t and to be bound by the terms hereof. B. Seller is not a '\foreign person" as defined in 91445(f)(3) of the Internal Revenue Code and regulations promulgated thereunder, which Seller shall so certify at Closing. C. Seller will comply with Chapter 723, Florida Statutes, with respect to the transfer of the subject premises, by delivering the affidavits required hereunder, and shall so certify at Closing to the best of its knowledge.. 6. Conditions Precedent. A. Bl4'er's Inspection Period. Buyer and its agents shall have thirty (30) days from the date the City Commission approves this Agreement (the (\Inspection Period") to inspect or cause to be inspected, all aspects of the physical and economic condition of the Subject Premises. If Buyer is not satisfied with the results of such inspections, Buyer may rescind this transaction by mailing written notice to SeHer, which must be received by Seller prior to the expiration of the Inspection Period and, subject to Buyer's satisfaction of the conditions contained in Section 10.E hereof, Buyer shall thereupon reeeive a refund of the Deposit and be relieved of any and all liability hereunder. If Buyer fails to rescind this transaction as permitted under this Section 6.A., then, except as otherwise provided in Sections 3.B., 6.B.) 10 or 11 hereof, the Deposit shall be deemed non- refundable. B. Homeowner's Association Notification. Seller shall give to, the Property Homeowner's Association (the uAssociation") written notice as required under Section 723.071, Florida Statutes (the "Notice"). This Purchase Agreement is contingent upon the Association not exercising any statutory right of first refusal within the notice period as detennined by the title insurer to comply with Section 723.071, Florida Statutes (the "Notice Period"); and, if the Association does exercise such rights within the Notice Period, then, notwithstanding anything contained herein to the contrary, either party may terminate this Agreement by giving written notice to the other. In such event, and subject to and except as otherwise provided in Section lO.E. hereof, the Deposit shall be returned to Buyer and the parties shall have no further rights or obligations under this Agreement. 7. Closiuf!. Buyer and Seller shall close this transaction on the date which is ten (l0) days following the expiration of the Inspection Period. The Closing shall take place through an escrow with the Title Company, or as mutually agreed upon by SeHer and Buyer. At the Closing, Seller shall deliver to Buyer a properly executed General Warranty Deed sufficient to vest title to the Subject Premises in Buyer subject to: (i) the lien of real estate taxes which are not yet due and payable; (ii) zoning ordinances and other applicable governmental statutes, ordinances, rules and regulations pertaining to the use or operation of the Subject Premises; (Hi) easements and building use restrictions of record; (iv) such other encroachments or similar matters, if any, which are identified on a survey of the Subject Premises; and (v) such other permitted encumbrances or exceptions which are disclosed on the Title Commitment for the Subject Premises which are accepted by Buyer in accordance with Section 3 hereof. In addition, the Buyer and Seller shall also 3 ;11;"'\ ,\. L';. I. IJli L I . I J I .11 .\'), J I , \j executc such other documents which are reasonably necessary to close the transaction contemplated herein. closing: A. General W manty Deed; B. Copy of all corporate or applicable partnership certifications, resolutions, and approvals necessary to evidence b<lth the Seller's and Buyer's authority to enter into and consummate the transactions contemplated by this Agreement. C. Bill of Sale transferring aU personal property free of liens and encumbrances together with the original Motor Vehicle Certificate of Title (properly endorsed and lien free) for each mobile home and motor vehicle included in this purchase and sale; D. Closing statement prorated as of date of Closing; E. Affidavit of no liens by Seller; F. Updated rent roll certified by Seller; G. Affidavit of Non-Foreign Status by Seller; H. Affidavit of Chapter 723, Florida Statures, compliance by Seller; 1. Assignment from Seller to Buyer, assigning all of Seller's right, title and interest in, to the extent it exists and without representation or warranty, to the name by which the Property is commonly known, all authorizations, pennits and licenses relating to the operation of the Property which are assignable by Seller, if any, and all leases, contracts and other items required to be assigned as set forth in this Agreement free and clear of aU liens and encumbrances except for the matters permitted in this Agreement; all of which shall be asswned by Buyer effective from and after the Closing date. SeHer shall undertake aU actions, and execute aU forms, required by aU governmental authorities and cornract vendors to effect this assignment. J. Assignment from Sellcr to Buyer of all leases; K. Assignment by Seller, to the extent they exist and without representation or warranty, to Buyer of all currently existing and effective claims, guarantees, warranties, indemnifications, and all other rights, if any, Seller may have against suppliers, laborers, materialmen, contractors, sub- contractors, arising out of or in connection with, the installation, construction and maintenance of the Property, all of which shall be assumed by Buyer effective from and after the Closing date. L. Assignment by Seller, to the extent they exist and without representation or warranty, to Buyer of all agreements, if any, which Seller has for access and utilities to service the Property, all of which shall be assumed by Buyer effective from and after the Closing date. M. Seller shaU deliver and assign to Buyer all of Seller's right, title, and interest, if any, in and to aU licenses, permits, certificates of occupancy, and such other comparable certificates or documents issued by the appropriate governmental authorities with respect to the Property or any part thercofwhich are legally assignable by Seller, jf any; N. All corrective instruments neccssary to effectuate the transfer, conveyance, or assignment of the rights and interests specified herein; O. Such other documents as are reasonably necessary to close and consummate the purchase and sale transaction contemplated by this Agreement; P. Copies of letters notifying tenants of the change in ownership and park management.. Q. Seller shall also deliver to Buyer aU tenant records and files, past and present, in its possession; R. Copies of prospectus(es) currently in effect and use at park on Property in its 8. Closinl! Documents. Seller shall furnish and deliver the following documents at . posses510n; S. T. Termination of SeIfer' 5 fictitious name, if applicable; Termination of leases with managers/employees which provide for free/reduced rent; .4 f" .'. \ \ '. ;, ' , t.'. . , ' , , . . ' ,. ' , . "., I'll .. V ~ ... , >I C. ; . ~ J . I , U. Evidence of cancellation of service contracts and equipment leases not assumed by Buyer. 9. CJosin~ Adjustments. The following shall be apportioned on the Closing Statement against sums due Seller at Closing: A. Real estate taxes which are a lien upon or levied against any portion of the Subject Premises on or prior to the Closing Date, and all installments of special assessments levied and due prior to the Closing Date shall be paid for by Seller. All current real estate taxes and special assessments levied against the Subject Premises shall be prorated and adjusted between the parties in accordance with local custom and practice in Clearwater, Florida. If the tax bills for the year of Closing have not been issued by the Closing Date, SeHer and Buyer agree to use 100% of the fully discounted amount of the taxes for the year immediately preceding the C losing for the purpose of computing the prorations under this Section. B, All tenant security deposits shall be assumed by Buyer with credit therefor against sums due from Buyer at Closing. Seller shall provide a complete list of security deposits and depositors at closing. C. SeHer shall, and not less than Twenty-One (21) days before closing, furnish to Buyer the following: i. Copies of all written leases with each tenant of the subject premises and a rent roll specifying the nature and duration of each tenant' 5 occupancy, rental rates, advance rent and security deposits paid by each tenant. Seller shall deliver and assign all original leases to Buyer at closing, and simultaneously credit Buyer with all advance rents and security deposits paid to Seller by or on behalf of each tenant; ii. Copies of all service and management contracts and equipment and machinery leases in place with respect to the Property. D. Buyer shall pay for all realty transfer and similar taxes due upon Closing or required to be paid upon recorcling of the General Warranty Deed. E. To the extent it is obligated by law to do so~ Buyer shall pay for any conveyance or transfer tax or sales tax on mobile homes purchased pursuant to Section 19 and any conveyance or title transfer of any vehicles, if any, or other personal property included in this sale. F. Buyer shall pay to Seller the consideration for the mobile homes to be acquired by Buyer pursuant to Section 18 hereof. 10. Access to Subiect Premises. A. All physical inspections of the Subject Premises conducted by Buyer or its employees, agents, independent contractors or consultants (collectively, the "Buyer's Agents") shall be performed in a manner that shall not interfere WIth the ongoing use of the Subject Premises by tile Seller. which physical inspections shall be as discreet and unobtrusive as possible, and which shall be made only upon prior notice to SeHer and with Seller's representatives present at the jnspections, and 5 .... ... I, . , " -. . . , , ' ..' #' " , '. " ' ; ~. , "..' ,;. .'" .. .. v. ... w " J ' , I Buyer shall promptly return the Subject Premises to substantially its original condition upon completion of such inspections and tests, on an ongoing basis. and shall repair any and all damage to the Subject Premises caused by the Buyer or Buyer's agents. B. Buyer shaH provide reasonable prior notice to SeHer which must be received by Seller at least forty.eight (48) hours in advance of any entry by Buyer or Buyer's Agents on the Subject Premises. C. All information gained by Buyer as a result of any inspections hereunder shall remain strictly confidential, except as disclosure thereof to Buyer's Agents, lenders or investors may be . necessary in evaluating this transaction, or as may be required by applicable law or legal process. D. The Buyer agrees to indemnify and hold Seller harmless from all claims (including costs and expenses of defending against such claims) arising or alleged to arise from damages caused to the subject premises and arising from the negligence or willful misconduct of the Buyer or the Buyers agents, employees, or contractors of the Buyer occuning in connection with or during any inspections conducted during the term of this contract, subject to any defense or limitation pursuant to Section 768.28, Florida Statutes. E. In the event Buyer does not consummate the purchase of the Subject Premises for any reason, Buyer shall, at its sole cost and expense, restore the Subject Premises to the condition thereof existing prior to entry by Buyer, its agents or representatives, and shall deliver to Seller copies of all surveYS1 environmental repons, engineering reports &r1d other documents obtained by Buyer pertaining to the Subject Premises, including any information or document, furnished to Buyer by Seller, at no cost to Seller, all prior to release of the Deposit as required hereund~r. Buyer shall indemnify, defend and hold Seller harmless from and against any and all liability, loss, cost, expense or damage caused to or incurred by Seller as a result of any acts or omissions of Buyer or Buyer's Agents, in coranection with such inspections of and entry on the Subject Premises, to the extent permitted by FS. 768.28. The indemnity obligations of Buyer shall survive the termination of this Agreement. 11. Destruction or Damae:e. In the event of destruction or damage to the Subject Premises prior to tne date of Closing, Seller shall, at its option, have the right to (a) repair the Subject Premises to the state c,usting prior to the dcunage and proceed and go forward with the transaction; (b) assign thc proceeds of any insurance to Buyer and proceed and go forward with the transaction; or (e) dccl~ the transaction to be void and of no further force or effect, in which event, subject to Buyer's satisfaction of the conditions contained in Section 10 .E. hereof, Buyer shall receive a refund of the Deposit and be relieved of any and all liability hereunder. Seller shall notify Buyer within ten (10) days of such casualty as to whether it will elect option (a), (b), or (c), as hereinbefore provided. 12. Condemnation. In the event that notice of any type of action, suit or proceeding shall be given prior to the Closing Date for the purpose of condemning any material part of the Subject Premises, then SeHer shall have the right to terminate its obligations hereunder to be exercised by notice to Buyer within fifteen (15) days after receiving notice of such condemnation proceeding, and upon such tennination, the proceeds resulting from such condemnation shall be paid to Scllcr and, subject to Buyer's satisfaction of the conditions contained in Section lO.E hereof, the Deposit shall be refunded to Buyer in full termination of this Agreement. In the event Seller does not eJect to tenninate this Agreement as hereinbefore provided, the proceeds of such condemnation shall bc assigned and belong to Buyer upon Closing. 6 , , " , " ',' .. I , "', . . r.. 't ,": . ". .... <.. . : " t. .. ..' .'" I" T, ." . ," " . .I.' "" "" '" ~ . L :, ~, ~'. 13. Deposit As LiQuidated Damae:es. The Deposit shall be held by Escrow Agent and applied against cash due at Closing when the transaction is consummated. III the event of a default by Buyer hereunder, Seller shall ~ entitled to the Deposit as liquidated damages. In the event of a default by Seller hereunder, Buyer shall be entitled to a return of the Deposit or to maintain an action for specific performance as its exclusive remedies. 14. Broker. Buyer and SeHer each represent and warrant to the other party that they have not employed, retained or consulted any other broker, agent or finder in connection with this Agreement or the purchase and sale referenced to herein, and SeHer and Buyer shall indemnify each other and hold each other harmless from and against any claims, demands, causes of actions, debts, liabilities, judgments and damages, including, without limitation, costs and reasonable attorneys' fees, which may be asserted or recovered against each other as a result of any brokerage fee, commission or any other compensation arising by reason of Seller's or Buyer's breach of this representation and warranty. 15. Radon Disclosure. Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufilcient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been tbund in buildings in Florida. Additional information regarding radon and radon testing may be obtained from the county public health llllit. 16. "AS IS". Except as to the representations and warranties accorded a general warranty deed under the law of the State of Florida neither Seller nor its agents, contractors or representatives have made any representations, warranties, promises, covenants, agreements or guarantees of any kind or character whatsoever, whether express or implied, oral or written, past, present or future, of, as to, concerning or with respect to (a) the nature, quality or condition of the Subject Premises, including, without limitation, the water, soil and geology, (b) the income which may be derived from the Subject Premises, (c) the compliance of or by the Subject Premises or its operation with any laws, rules, ordinances or regulations of any applicable governme.ntal authority' or body, (d) the habitability, merchantability or fitness for a particular purpose of the Subject Premises, or (e) any other matter with respect to the Subject Premises and specifically disclaims any representations regarding hazardous waste or materials without limiting the generality of the foregoing. Buyer acknowledges that it has an opportunity to inspect the Subject Premises and Buyer agrees to take the Subject Premises on a "AS IS" basis and voluntarily and knowingly waives 61ny contribution rights or claims which Buyer may have against Seller in the event Buyer incurs liability to any party (including any federal, state or local governmental authority) arising out of the existence, removal or remediation of any hazardous substances on or under the Subject Premises. 17. Turnover of Dotuments. Within ten (10) days after execution and delivery of this Agreement, Seller shall make available to Buyer copies of any surveys and envirorunental reports, if any, in its possession which relate to the Subject Premises. 18. Notice3. Notices shall be deemed as given hereunder upon personal delivery to the address set forth below, by registered or ccrtitied mail, postage prepaid to such address or by a nationally recognized overnight delivery service. Notices shall be addressed: 7 . , " " I,' .' ' . ", ' ", If to Seller, to: Wolverine Property Investment Limited Partnership Attention: Mr. Ross H. Partrich 31.550 Northwestern Hwy., Suite 110 Farmington Hills, Ml 48334 Fax No. (248) 851.9413 with a copy to: Lowell D. Sales in, Esq. Maddin, Hauser, Wartell, Roth, Heller & Pesses, P.C. 28400 Northwestern Highway, TIlird Floor Southfield, Michigan 48034.8004 Fax No. (248) 354-1422 Jfto Buyer, to: City of Clearwater Florida P.O. Bo~ 4748 Clearwater, Florida 34618-4748 Attn: Paul Richard Hull, Esq. Fax No. (727) 562-4021 19. Conveyance of Park Owned Mobile Homes. As of the execution date there are , \ mobile homes on the subject premises. At Closing, Seller shall deliver each and every said mobile home owned by Seller located at the Subjecl Premises at the time of Closing to Buyer by Bill of Sale, together with all attachments and appurtenances, and convey good a.nd merchantable Florida title to each such home free and clear of all liens and encumbrances for a purchase price of Two Thousand (52,000.00) Dollars, per mobile home 20. k Mana ement. Buyer and Seller agree to fully cooperate with each other in the development and implementation of an orderly process for transferring the management of the Subject Premises from Seller to Buyer at the time of Closing. Commencing not later than two (2) weeks prior to the Closing Date, Seller agrees to familiarize Buyer's management team with current policies and procedures relatini to the operations of the Subject Premises and at closing to jointly provide notification of the impending transfer to all residents of the Subject Premises. 21. Operation of Property Durin2 Contract Period. Seller shall continue to manage and operate the property and any business conducted upon the property in the manner operated prior to contract, and shall take no action which would adversely impact the property, tenants, lenders. or business, if any. Seller expressly agrees to refrain from renting any additional mobile home units or spaces after expiration of the inspection period (or receipt of waiver of same by Buyer) provided for under Section 6.A. 22. Time for Performance. In the event the last date for performance of any obligation or for giving any notice hereunder falls on a Saturday, Sunday or legal holiday of the state wherein the Subject Premises is located, then the time of such period shall be extended to the next day which is not a Saturday, Sunday or legal holiday in such state. 23. ~leaseJWaiver. Except with respect to claims Buyer may have against Seller for acts of Seller occurring during Seller's ownership of the Subject Premises, which violate any pro~ision of Chapter 723, Florida Statutes, Buyer hereby releases, quits and discharges Seller from 8 all claims, demands, actions and causes of action for any alleged violations of or failure to comply with any provision of Chapter 723, Florida Statutes, known or unknown, asserted or unasserted, through the date of Closing and this provision shall survive the Closing. 24. Time of the Essence. Time is of the essence as to the parties' perfonnance under this Agreement. 25. No Recordin2. Neither this Agreement nor any memorandum hereof shaH be recorded. Any such recording shall be void and of no force or effect. 26. AssilDment. Buyer may not assign this Agreement without the written consent of Seller. 27. Governiof! Law. This Agreement shaH be governed by the Jaw of the State of Florida. 28. Bindin2 Effect. This Agreement shall bind the parties hereto, their respective heirs and assigns. 29. Access to tbe Subiect Premises. At such time as Seller has executed this Agreement, Buyer shall have the right to access the Subject Premises pursuant to the Right of Access , Agreement by and between Buyer and Seller dated as of December 17, 200 I. (SIGNATURES ON NEXT PAGE) 9 IN WITNESS WHEREOF, the Buyer has executed this Agreement on the date shown below and Seller has executed this Agreement on the date shown below. IN THE PRESENCE OF: Countersigned; BUYER: CITY OF CLEARWATER, FLORlDA By: Brian J. Aungst Mayor-Commissioner William B. Home II City Manager Approved as to form: Attest: Paul Richard Hull Assistant City Attorney Cynthia E. Goudeau City Clerk SELLER: WOLVERINE PROPERTY rNVESTMENT LIMITED PARTNERSHIP, a Delaware limited partnership By: Wolverine estors, LLC ~ By: Its: Manager Date: ~M~~ 2~ , 2002 10 .' ,~' ,.. , , .1 ...' . " EXHIBIT "A" l!CAl DESCmPTI~ lliAT PAAT ~ ltit H~THEAST I/~ r$ M: SWlHtm 1/" a: stel1CH 8. TO'iN9fP 29 SOJlH, RAACC 15 EAST, Ptal.AS, COJKlY. FtCRlOA. lnHC SOJllf NIl EAST rs mE TAUPA iI<O anI COASt . RAA.ROAO OOii...(1-YAY, lESS llfE FaJ.OWHCi otSCUa> P~ca: FRQl M: ~1l()ST ~ a:' lliE SOJ1HEAST II.J rJ SM) 's(CT1a4 8 INN SCV1H CO'14'20'\E:si JLCttC M: SEcnac UHE );10 Fm' F~ A PtUfT ~ SEQINlG; 1lifJCE CQ41Q{IJE ~t){G Th'E i:CTlCH UftE 2)),0 m:T:'1IfH(I f<<J1H enrn- 'EST 2&1.0 FaT; lHDfCt NanN zn11.. EAST ID.21J F'ErT; 11fE}{q sanH 597.113'( WT (50 m:r 10 ltf PtlHT (F BEWQ(I(C. EfJl(G FURHR ~ AS: . TtfAT PAAT ~ 'K t<<RnE4ST 1/4 r.t THE ttRMAST 1/4 rF M SOOlJ4EASr 1/~ rs SEcnat l 1O~ 29 SCUlH. RMU IS fAST, llVtc SQ1tH AHa EAST Cf 1HE S.U AA'lROAD NO FURlIiER ~ AS FaJ.OIS: ' . . . rfQH AT 1l! NCRHAST caMR rK ~ ~~ 1/4 ~ ~ 8. lOIGiP 19 SOJlM. '1Wa 1& DST. RUN 1IEHCl9l1TH '. Q01 rzr JEST M.QIC 'K SEcnac 1H 36l1J fU'T; MNtE _. __PalH,B9"2O'3t ET 166.0 ftE1'; 1IfJa SMH m1'" G '.. -" ,.... ., ." m.2! FEFJ'; lHEMCE SJnH Ir!frt wr 2!lO FEt It) 1lE stCTOllK; HHCt SMH 1m4'ZO- EST ~tIfG 1HE EltON tME 7~1.70 FtET; me[ HatlK 89"'J5'st 1IfST IU.'NC lIE 40 ACRE LIE 1384.74 mT; 'HlfCE Mami n"J'. WT tOW] fEEt 10 K SClfIIeLY' 1aOO-(J"-WA'f rs 111: SA.L RJ.UWD: 1lfl(tf ~~G A QJR't( 10 H: lIF.T ~ttlC K SClJHRlY 1QfT. a..IAY r; SMJ UL RAIJKW). lfiOSE 0Qm EARS NmlH l TrWD.. EAST, am IW6 tm. #Rt 969.11 REf ,tJG PJDIJS · 1196.7.8 fET 10 nr EAST-ET COO9UtE tf SI.D SEClDt ~ ma: SQJ1Jf BrJ1'( M ALONe 1HE [AST-IEST ~ (F SJJO S(~ 8 "1~80 f'EET ro M FtffT (J' BEQfIHG. BE1HC M~ PAR'1lCU..AAlY t€SQm AS FCUOWS: ~T PMT rs H Haml'AST '/4 a: H HarnEAST 1/ t r; l}f; ,SClI'tHEAST 1/4 Cf ~Cl1a4 8. WH' 2.9 SP1l14. (W<<it 16 EAST, l ~c SMH NO" EAST a: lHE S.AL RAUO.0 U<<) M1lIJl .: . ..., :': ' IDJaBm AS fOJ.DWSo " .~ ~#/ ,. SEcIc AT ll( HCRllfAST ~ Cf lIE SCI.JlKtlST 1/4 rI SCCllaf a. ~ 29 SC1JTH, IWa 16 tAST. RlI{ 1lIltCE swtlf · , OO"1t J,r lEST ArlIG 1h'E 5tC11a( tIE 352.'7 1m: ~ ,onK S!17Jfot IGT fM:O!1 FEET; noCE ~ znrzo. lOT 1S7 JJ Fm; nE<<I ~ f11.ff'd fAST .Z!laf ftET 10 1l€ SECl1Qf lIl; 10CE ~ cm"'~ Er N.CH; lItt's[C11<>>f lJ( 741.67 F'EET; TtfJa H<R'Di ~5t 1lEST IlDfli 1lf 40 . ACE lJE"J8.U7'fEET:-~tanH ~-zs- EAST~04IJD'" Fm.lO M sarnmrJaQiT-<F-wAY't1:nt; SAJ: ~\\ 'DfJa IUlfG A CUM' TO'H'lf1T 1LCHi.1I€ sammY' ~T.. (J"-IAT tS SAC $.AL ~AD, IH!E atatD BEJJa:NCImt , n4tOt- EAW, aim K125 fiEt Me 969.58 1m NfO RI-DlIS 1\96.28 FEET 1n.M: EASt-EST c:EKTEJUf: (f SIIJ ~C1Q(~'. . 1IfMtt S1JlK 1r.S4"4- EAST ILQ4G lIE EAST-:Et COOERlItE rE 5M2 ~ S 47190 fU'T 10 1€ P<IfT Ct fECNK ..- - .~. ....; -.-... . .00........... . '.., I . 'I. " ..' .. . .... ~, .. I , . . . .' . .... o .. to (1 '. ' !; . Of ,I: ".,'''', :" " :", :~ ~";;" .". ;",: .. " ....1'1,.' Q....."'~;!,:..~::...'.. . t: .. ......,.".. to .,., -4\1.._ .~'. t ....,..~''''' "....... . .. ,ot . ,; ., ~:':i,. :.' . . "... . .' . .. , "'." Final Agenda Item # Pw (jf YI Clearwater City Commission Agenda Cover Memorandum Work spssioll Item tt: Mecting Dale: 04-04-02 SUBJECT/RECOMMENDATION: Approve a work order with Parsons Engineering Science, Inc. of Tampa, an Engineer of Record, for the design and permitting for the Kapok Wetland and Floodplain Restoration Project in the amount of $315,136. [&] and that thc appropriate ofiicials be authorized to execute same. SUMMARY: . The Kapok Wetland and Floodplain Restoration Project was identified and prioritized as the top ranked flood control project in the Comprehensive Watershed Management Plan for the Alligator Creek Watershed Oune 1997), developed cooperatively with Clearwater, Pinellas County, Safety Harbor and the Southwest Florida Water Management District (SWFWMD). The project would involve the purchase of the 37 acre mobile home park, and relocation of the residents, allowing for floodplain restoration, wetland creation, habitat and water quality improvement, and recreation and educational facilities. . The project, from Kapok upstream through Cliff Stephens Park to U.S. 19 will allow the resolution of flooding problems in the upstream reaches of the basin within the County and City jurisdiction. Improvements in the upstream reaches in the basin cannot be implemented without exacerbating the flooding in the mobile home park. In addition to improving the water quality in Alligator Creek, thereby protecting Tampa Bay an Estuary of National Significance, S.W.I.M. Waterbody, and Outstanding Florida Water and Aquatic Preserve, the project will allow the continuance of a linear park from the Long Center on Belcher Road to Tampa Bay. . This purchase will require relocation of residents from approximately 200 mobile homes. The Commission awarded a contract in the amount of $2,688,132 to HDR Engineering on November 15, 2001 to facilitate the relocation of the residents. o The Unsolicited Offer to Purchase the Friendly Village of Kapok has been executed by Wolverine Property Investment Limited Partnership, a Delaware Limited Partnership in the amount of $7,323,500, and is being brought forward concurrently with this requested action. . The Scope of Work developed by Parsons Engineering Science, Inc. for the design and permitting of the project has been approved by Southwest Florida Water Management District staff. Public Works DCM! ACM Other CLlrrt:~nt FY $315,136 Funding Source: CIP X OP Olher . The Southwest Florida Water Management District has SWFWMD has committed funding in the amollnt of $3,000,000 in FY02 and FY03 for design and construction. These design costs ($315,136) will be fully reimbursable at the start of construction. . Sufficient budget with grant funding from SWFWMD is available in project 315-96141, Kapok Flood Resolution. o A copy of the work order is available in the City Clerk Department for review. Reviewed by: Legal ~ Budget , AJ Purchasing ~ Risk Mgmt NA Info 5rvc NA Originating Dept: Public Works .7t- c/ Administration n.Finch) User Dept. Costs Total $315,136 NA Attachments Submitted by: City Manag~ ~ Printed on recycled paper [&] None Appropriation Code: 315-96141- 561200-539-000 Kapok, P.usons Agenda , : ,j" '. -., , , . " .' . " " ... .. PLOt Lf 4 ( l\4-l,.- PUBLIC WORKS ADMINISTRATION WORK ORDER INITIATION FORM Date: January 16, 2002 Project Number: City Project Number: 1. PROJECT TITLE: Kapok Wetland and Floodplain Restoration Project 2. SCOPE OF SERVICES: A. Background The CITY has initiated the implementation phase of the Watershed Management Plan for the Alligator Creek. The Kapok Wetland and Floodplain Restoration Project is the top ranked alternative for the proposed improvements as listed in the watershed management plan (June 1997). The Plan was cooperatively developed with the City of Clearwater, Pinellas County, Southwest Florida Water Management District, and the City of Safety Harbor. The project site consists of a 37 acres mobile home park (see Figure 1); the CITY is currently in the process of negotiating the purchase of the property and developing a relocation plan for the residents of the mobile homes. The intent of this project is to develop a set of construction documents, specifications and pennitting for the restoration of the floodplain and the creation of +/- 24 acres of wetlands along the Alligator Creek. B. Task Descriptions Task 1.0 Project Management & Coordination 1.1 Project Work Plan The ENGINEER must coordinate work activities with the CITY, PROJECT REPRESENTATIVE(s), other involved State agencies, municipalities, and other vendors. The ENGINEER shall submit Project Work Plan procedure outlining coordination activities. The CITY shall, however, be the primary contact. The Project Work Plan will include the following elements: · Scope of Services · Project Schedule · Project Budget · Design Criteria · Coordination Procedures · Reporting Procedures · Documentation Procedures · Technical Quality Control Procedures 1.2 Project Coordination " . '. '. '," . l,. 'J I' . ~, . , . ~ . ". " ": ' " \ The ENGINEER shall designate in wntmg to the CITY its Project Manager and those project representatives who will be involved in the essential portions of the project. The ENGINEER will schedule an initial joint coordination meeting (kick-off meeting) within twenty-one days of issuance of Notice to Proceed. At a minimum, bi-monthly technical coordination meetings shall be held. The ENGINEER shall coordinate the progress of the projects with all sub-consultants, the City, SWFWMD, and utility agencies. Project Coordination shall also include submittal of construction plans to private utilities to determine conflicts and identify relocation plans and schedules for such utilities that are in place. 1.3 Public Utility Coordination The ENGINEER will conduct utility coordination meetings. The ENGINEER will prepare for and conduct two meetings with the appropriate utilities before the 50-percent and 90-percent submittal stages of the project. If necessary, the ENGINEER will schedule utility coordination meetings to coincide with regular progress meetings, and invite the appropriate parties to attend the meeting. 1.4 Progress Reports The ENGINEER shall submit to the CITY, no later than the tenth day of every other month, a Progress Report reflecting the PROJECT status, in terms of the total work effort estimated to be required for the completion of the Scope of Services, as of the last day of the preceding month. The report shall show all work items, the percentage complete of each item, the percentage of total work effort represented by each item, and the percentage of total work effort completed. I I I I I I I I I ' j i I ! I 1.5 Project Team Meetings The ENGINEER will atten:d an initial kick-off meeting and several progress meetings as redeemed necessary for the duration of the project design and permitting, which is anticipated to be 18 months. The project is budgeted for six meetings total (five progress meetings and one kick-off meeting). The meetings will be held at the Parsons office in Tampa, Florida. A project team to include ENGINEER's staff, City and District Staff will be invited to attend the meetings. The ENGINEER's project schedule, quality control and quality assurance procedures, and pertinent project related processes will be presented at the kick-off meeting. The ENGINEER will also attend an additional project review meeting if required (1- total) to coordinate the comments received for the 50% submittal review. The ENGINEER will also attend one field reconnaissance meeting of the project area, to determine field constraints and develop survey scope. At these meetings the ENGINEER will also obtain photographs of above ground features potentially affecting the project design. · Kick-off meeting at City (I) · Field Meetings (1) · Design Progress Meetings (5) · Design Coordination Meetings (1) The ENGINEER shall keep accurate minutes of all meetings and distribute copies to all participants, within seven (7) calendar days after the meetings. The ENGINEER shall coordinate with the CITY and prepare the necessary agenda for each meeting to be held. Agenda shall be submitted to the CITY at least five (5) days prior to any scheduled meeting. All display material shall be developed and prepared by the ENGINEER. ... ' ,..,'. " '.. '>. ,..".. .""'.' '. ,.'. . , ,,'" " .... ,'. . 'I I,' "', , Task 2.0 Geotechnical & Field Surveying Services 2.1 Subconsultant Coordination Pursuant to the field investigations and the development of the Project Management Plan the ENGINEER will develop a detailed scope of services for geotechnical, field surveying, and Underground Utility Surveying Services. Solicit proposal from two pre-selected consultants and coordinate all efforts towards the completion of these tasks. The engineer will also manage the schedule and performance of all subcontractors and review their work product for quality assurance before submittal to the CITY. 2.2 Geotechnical Services The Engineer shall contract with a local certified geotechnical engineering firm for the performance of all subsurface investigations and analysis in accordance with the following requirements: · Standard Penetration Tests to minimum depth of two feet below the proposed excavation depth, or as recommended by the geotechnical consultant. · Soils samples will be obtained to evaluate soil conditions with respect to project design requirements. Groundwater and estimate of seasonal high water elevation will be obtained. · Obtain pertinent soil data. · Prepare a signed and sealed narrative report summarizing the investigation procedures and results of the analyses, together with an assessment of design constraints, ifany, due to soil conditions. 2.3 Field Surveying The ENGINEER shall contract with a local registered survey firm for the performance of land sUlVey. The land survey will include the major elements required to complete the Final Design of the project. Specific requirements shall include, but are not limited to, the following: · Establish horizontal references and temporary benchmarks at intervals along the project. · Right of way lines, edge of pavements, existing structures and all above ground features shall be identmed. · Complete a topographic survey with 50-foot gridlines and sections extending 10 feet beyond the right-of-way. Survey shall extend from right-of-way to right-of-way. Survey shall include all above ground improvements, as well as natural features. Sanitary and storm sewer information shall include inverts, pipe sizes and types. For sanitary and storm systems, data shall be provided for the next structure upstream and downstream outside the project limits. · Property corners shall be located to identifY ownership lines. · Location of verified wetland boundaries, as flagged by the ENGINEER. · Wetland seasonal high and nonnal pool elevations, as staked by the ENGINEER. · All existing trees, bushes, and fence Jines within the project right-of-way shall be located and mapped. . '. '.' \~l', . , -",." 4 ":" ", ,.' ,,'. ...., ',' . f: ~....~ '"" ,,' \':',',. ,.',,:. ".~ .,~ ,~." ,:.-. . l~,";t.., J ': ".. \ ',!i ....' ''-:'. All field surveys shall be collectcd by radial stakeout using a total station. Point data shall be provided in a reduced ASCII-free fonnat comma or space dclimited~ point number, northing, easting, elevation, description. The data shall be accompanied by field notes describing and graphically depicting the location of each survey point number. Pipe inverts shall be collccted by standard survey methods in a field book. Survey shall extend 100 feet from the centerline into intersecting streets and alleys. A minimum of two shots shall be obtained between the PC and PT of each radius return larger than IS-foot radius. This survey scoped is based on the assumption that over 90% of the mobile homes will be transported off-site before construction starts, and that the mobile homes that will remain on-site will be identified before the survey commences. If for a reason or another all mobile homes need to be surveyed the cost of this task will be increased by six thousand dollars. Previous survey conducted for the development of the conceptual plans will be used for the development of the new data. All surveys shall be perfonned under the direction and control of a Florida Registered Professional Land Surveyor. 2.4 Underground Utility Surveying Services If necessary, the ENGINEER will obtain the services of a Subconsultant to perform underground investigations for locating existing utilities, to include actual field verification of below grade utilities by vacuum excavation and other suitable methods. Upon completion the field survey and site investigations it would be detennined if this task would be exercised, for budgeting purposes it is anticipated that a maximum of (8) excavation locations will be identified. 36-inch potable water transmission lines for the City of St Petersburg as well as a 3D-inch gravity sanitary sewer line for the City of Clearwater are crossing the project area. No other utilities are expected to be in conflict with the project. Task 3.0 Environmental Permitting A Noticed General Permit application will be prepared and submitted for this project. At the current time it is not anticipated that a general permit or a master plan indicating future improvements and impacts within the watershed is required; therefore, these items are not included in this scope. 3.1 Permit Application Meetings The ENGINEER will attend a pre-application meeting to discuss the project parameters and the permit requirements for the proposed improvements. The ENGINEER's representative and the CITY Project 'Manager and other interested parties will meet with SWFW1v1D, and USACE (if needed) to discuss the project and provide the agency representatives with an opportunity to make recommendations regarding the design and permitting. The meeting should be held on site to provide a thorough understanding of the project. The ENGINEER will provide a conceptual drawing of the proposed improvements, make an informal presentation in the field, and record the comments and suggestions from the agency representatives. Within one week from the date of the meeting, The ENGINEER will prepare and submit a detailed written account of the meeting and include all the recommendations and comments. The meeting minutes will be distributed to the City of Clearwater and S\WWMD. 3.2 Prepare and Submit ERP P~rmit Application On behalf of the CITY, the ENGINEER will prepare and submit an ERP Noticed General permit application and provide the proper coordination with the permitting department. The permit application : , . . ,'.' .,' '0 . 0 " '. ,,' ' .' _' ..", '0.'" will require a written narrative, and proper completed forms. The narrative will describe the existing and proposed conditions of the restoration project, and the targeted function of the created habitat. The ENGINEER will prepare and submit the required copies of the necessary information to the regulatory agency and provide the CITY and other entities with two copies each of the submitted materials. 3.3 Requests for Additional Information During the course of permit review it is normal to get requests for additional information. 1'he ENGINEER will address two such requests, and submit them to the requesting agency. The ENGINEER shall notify the CITY prior to meeting with permitting agencies to allow the CITY to schedule a representative to attend the meeting. Task 4.0 Construction Plans Preparation The ENGINEER shall be responsible for the preparation of the final design document which shall include final construction plans, quantity estimates, cost estimates, technical specifications and permits adequate to meet the requirements of local, state and federal environmental regulatory agencies. The construction plans will be based on the preliminary conceptual drawings that were created in December 1999 drawings (see Exhibit B), these drawings will be used as a guideline to start the design phase of the project, in no means these drawings have the detail level required for it to be used as a base map in the construction. New base maps will be established upon the detailed survey data that will be collected at the start of this project. Construction plans will be subject for review and comment during the 50% and 90% completion phases. The ENGINEER will discuss design criteria and details during the bi-monthly progress meetings. The following infonnation and design features shall be developed and included in the final design document, all construCtion plans and specifications shall be prepared per CITY standards: Title Cover Sheet ( 1 sheet) Legend and Abbreviations (1 sheet) General Construction Notes (1 sheet) Demolition Plan (4 sheets) Sheet Index Map (1 sheet) Horizontal Control Plan (max. 1 inch = 40 scale); (4 sheets) Paving & Grading Plans (max. 1 inch = 40 scale); (4 sheets) Utility Relocation Plans (max. 1 inch = 20 scale); (6 sheets) Planting Plan (2 sheets) Cross Sections (4 sheets) Miscellaneous Drainage Details (3 sheets) Miscell.aneous Structural Details (2 sheets) Miscellaneous Utility Details (3 sheets) Maintenance of Traffic Plan (1 sheet) (If required) , . " " ,.' ; ..' _,., , .' ~ . .. . ~, , ~. - , - '.. ." I' l; " , .., " ! : j . 10' .. " .' 1,: f' ,'. .,. .'. .. .. . Total number of Sheets::!: 37 sheets 4.1 500/0 Construction Plans Submittal Requirements for 50% Submittal shall include the following: · Cover Sheet to include: Location Map, Project Number, Index, Space for Engineering Director signature and Date, "50 % Review Plans", etc. · Legend and Abbreviations shall include all legends abbreviations, and descriptions as per the City standards. · General Constnlction Notes. Shall include notes related to best management practices, general site development, utilities, or any other conditions relevant to the project. · Drawings Index Sheets, shall indicate the overall improvements within the project area, and specify the location of each plan and profile sheet. · Demolition plans shall indicate removal of existing site features that may apply such as remaining mobile homes on-site; utility lines, pavement areas, trees, fence lines, bridges, drainage structures etc. · Grading Plan shall indicate existing and proposed drainage features including structures, drainage patterns, and proposed earthwork activities. Grading plan shall also indicate location of the proposed boardwalks, observation deck, elevations associated with site features, and paving areas and elevations. Grading plans shall also indicate the design of the proposed parking area and the stormwater treatment detention area associated with that improvement. Miscellaneous grading shall be identified. · Horizontal Control Sheets shall indicate the survey base line, horizontal geometry, right-of way lines, benchmarks, cOntrol points, curve geometry, etc. .. Miscellaneous best management practices shall be identified. · Utility relocation drawings shall include the replacement of approximately 2,600 LF sanitary sewer line, it is estimated that the revised design will be limited to +/- 2,100 LF of gravity sanitary sewer main. All gravity mains shall be presented in plan and profiles. The utility relocation plans shall also include water main relocation or support structure design. . All existing data shall be indicated, including, but not limited to: · Right-of-way lines. Property Lines, Easements of Record, Subdivision Name, Lot and Block Numbers and House Numbers. II Existing Roadway label as to existing curb and surface type including profile of existing ground along proposed centerline and plotted at 1 DO-foot stations. · Existing Utilities including: Potable and Reclaimed "Vater Mains and sizes, Hydrants, Valves, SeIVices and Meters; existing Sanitary Sewer manholes and Gravity Lines including Lift Stations and Force Mains. · Existing private utilities as available such as Gas, ElectricaJ, Telephone & Cable; existing Trees (location of trunks, type and sizes), shrubs and all landscaping within Area of Construction; existing improvements belonging to private owners located within ROW such as fences, sprinkler systems, planters, etc; existing driveways; existing roadway intersections; existing top of curb and gutter elevations at the pes, PTs, control points, match points and intersections. Cross Sections Sheets should indicate the cross slope from right-of-way to right-of-way, including drainage improvements and existing subsurface utilities. Cross-sections should be provided where detailed grading is required. Utility Relocation! Adjustment Details shalJ indicate utility conflicts, relocation design, proposed utility structures, and conflict manholes, design details, and specific profiles, if required. Miscellaneous Drainage Details shall include details regarding best management practices, erosion control measures, drainage structure designs, and related notes. Standard and non-standard structures shall be identified and detailed. Cost Estimating - The ENGINEER shall prepare and submit construction cost estimates for the 50% submittal. Distribute and coordinate utility checks and record data. Deliverables: Six (6) sets of blue-line prints Six (6) sets of specifications outlines Submit drawings, applications, cover letters and documentation necessary for a SWFWMD ERP permit. The construction plans will be reviewed for QAJQC conformance before each submittal. 4.2 Requirements for 90% Submittal In addition to items required on Plans at the 50% completion, the following information shall be included: · Roadway/Access geometry and profile shall include station s for PCs, PTs, high and low points. PYI's shall also be noted on the profile sheet. · Pipe alignment geometry and profiled grade shall be firmly established. · All storm drainage pipes and structures shall be identified and located. Pipes must show: size, type, location, tops, throats and inverts. · All conflicts with existing or proposed utilities and pavement to be indicated and resolution shown for all public utilities. · If required, Water main installation shall indicate size, type, alignment and depth. Valves, fittings, hydrants and appurtenances shall be shown and called out on the construction plans. · If required, Sanitary sewers shall be indicated by size, slope, type and inverts of pipes. Manholes, if new construction, to be identified by location, size, type, rim elevation and inverts. · Provide match lines as appropriate, and sheet number references at all continuation points. · Conflict structures identified and called out. · Baseline "traverse & benchmark location map. · Completed detailed sheets as required. · Completed cover and index sheets. · Standard and non-standard structures identified and detailed. · Completed contractor notes and construction notes. · Completed information on title block of plans. · Call-out apparent encroachments such as fences, walls, trees, buildings planters, etc. as necessary. · Show trees to be removed. , " : , " , , .. ' ',' . ' ~.,',' I .' ~ " ' . Cost Estimating - The ENGINEER shall prepare and submit construction cost estimates for the 90% submittal. Deliverables: Submit six (6) sets of Construction Drawings. Six (6) sets of the preliminary cost estimates and preliminary specifications and proposal form. The construction plans will be reviewed for QAlQC conformance before each submittal. 4.3 100% Construction Plans Submittal The 100% submission shall include any review comments previously identified. The ENGINEER will include the following documents in the 1 aD-percent submittal: · The original Mylar reproducible drawings of the construction plan set; . Electronic files of the construction plan set and technical specifications; (AutoCAD version 2000 or later). . Five complete construction plan sets and technical specifications, with each sheet signed and sealed by Dikran Kalaydjian, Parsons' Professional Engineer in responsible charge; · Final Engineers estimate of probable construction cost; . Copies of survey field books and magnetic files containing all survey data for the project; · Copies of all design calculations bound in a three-ring binder. The construction plans will be reviewed for QAlQC conformance before each submittal. 4.4 Prepare Bid Documents Using standard CITY requirements, prepare contract documents for bidding, including Proposal Form, Specific Provisions, and Technical Specifications, etc. 'One (1) set will be submitted to the CITY with the 90% construction Plans submittal, for review and comments. C. SCHEDULE A project schedule is provided below: SCHEDULE Milestone Due Date After Date of\Vork Order PMP & Kickoff meeting 14 days 50% Complete Plans 310 days 90% Complete Plans 390 days . - ' , " " ." , . , . I . ~ . . . , ' .. .. . " " ' ' . ",' '.'. 1 , 100% Complete Plans 430 days Bid Phase & Constr. Phase To be determined A detailed project schedule will be included in the Project r-v1anagement Plan. D. CITY RESPONSmILITY · The CITY will provide the following for the ENGINEER to use and rely on: · Copies of all maps, plats, aerial photographs and other available information and data pertinent to the project design which the CITY may have in its possession. · Copies of any CITY Standard Drawings applicable to the project. · Sample copies of standard contract documents and specifications. · Acquire right-of-way and easements, including construction easements, as required. · Provide the legal (front end) and Agreement section of the contract documents and CITY Standards Technical Specifications and Details. · Pay all pennit application and review fees. · Obtain specific written pennission from property owners or the authorized representatives for survey and soil tests and other engineering tasks to be conducted on private property, as necessary. E. BUDGET (ENGINEER'S COMPENSA nON) For the above described SCOPE OF SERVICES the CITY will compensate the ENGINEER on a labor time, materials, and expense basis for direct costs associated with the development of the project. Exhibit Al depicts the total cost for engineering services anticipated to be incurred by Parsons ES for the completion of these tasks which represents a fee of three hundred fifteen thousand and one hundred thirty six dollars ($315,136). Invoices shall be submitted on a montWy basis and include details regarding the percent complete and expended for each major task of the project. 3. PROJECT GOALS: Prepare construction plans for the development of the project and submit permit applications on behalf of the City. 4. BUDGET: The budget for this project is three hundred fifteen thousand and one hundred thirty six dollars ($315,136) Expense Code: 5. 'SCHEDULE: Work to be completed within 430 days of issuance of Notice to Proceed "','..r' , " , " " '. " -.." > \' . '. .' " , " 6. STAFF ASSIGNMENT: Dikran Kalaydjian, P.E. Engineer of Record - Project Manager 7. CORRESPONDENCE/REPORTING PROCEDURES: All Parsons Correspondence will be directed to Dikran Kalaydjian, P.E. All City of Clearwater Correspondence will be directed to Ms. Terry Finch 8. INVOICE FUNDING PROCEDURES: The budget for the project is based on direct cost not to exceed Three hundred fifteen thousand and one hundred thirty six dollars $315.136 Invoicing method is every 30 days based on percent complete. City invoicing code # 9. SPECIAL CONSIDERATIONS: The Public Works Department will direct the project. Terry Finch will be the project coordinator for the City of Clearwater. I 10. PROJECT COMPLETION REPORT: ! Final construction and bid documents will be submitted to the City. PREPARED BY: ~fi;2 Tom St. Clair Parsons ~//.y2-0e~ Date APPROVED BY: ~/J ' ~ -s -- j~~::- D ~ Michael D. Quillen, City Engineer Date City of Clearwater I . 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Worksesslon Item #: FNl t-f ;~ Clearwater City Commission Agenda Cover Memorandum SUBJECT/RECOMMENDATION: Approve the use of a City bank account, with signature authority to HDR Engineering, in the amount of $5,000 for the day to day operations of Friendly Village of Kapok Mobile Home Park upon purchase of the park by the City, Final Agenda Item # Meeting Date: 4/04/02 ~ and that the aE.E!QPriate officials be authorized to execute same. SUMMARY: · The City of Clearwater will be responsible for the day to day operations of Friendly Village of Kapok Mobile Home Park immediately upon purchase of the property. · HDR Engineering has been contracted to act as our agent in managing the day to day operations, which will include collecting rent payments and paying maintenance expenses. · The Finance Department is recommending a City bank account be opened in the amount of $5,000, with signature authority to HDR Engineering. The account will be titled "City of Clearwater DBA Friendly Village of Kapok Mobile Home Park". · HDR Engineering, as the City's agent, will deposit rent checks and pay bills for the park operations from this account. Any monies in excess of $5,000 will be automatically transferred on a daily basis from the account into the City's general operating account by BankofAmerica. · Finance Department staff will have on-line access to this account and will monitor activity on a daily basis. · The Stormwater Utility Fund has sufficient operating cash ~vailable to fund this advance. Reviewed by: Legal NI A Budget ~ Purchasing Risk Mgmt ' N/A Originating Dept: Finance Usar Dapt. ubllc Works ?i' Attachments Current FY $5,000 Funding Source: CI OP X Other Costs: Total $5,000 Info Srvc Public Works DCM/ACM Other N/A Submitted by: City Manager ~~ Ii None Appropriation Code: 419-00000-115327-000-000 Rev. 2/98 f J1.,' ," i.' '.1', t.,' ,I'f.,~.. .'"',.,.f.,.... i \. ' . \' .',1:;", 'yr'.,,': ';t' .-", ......t ..~,.., "',:.','" ..~,' ....~ ..,."'~..,.. ~. /.... ,; ". I' '. * Revised 4/4/02 Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # 13 Meeti ng Date: 4/4/02 SUBJECT/RECOMMENDATION: Approve a contract to purchase real property legally described as Lot 1, The Clearwater Collection Second Replat, according to the plat thereof, Public Records of Pinellas County, Florida, commonly known as 21870 U.S. Highway 19, from Home Depot U.S.A., Inc., for $3,925,000, authorize acceptance of the deed, [8J and that the appropriate officials be authorized to execute same. SUMMARY: . The City plans to construct a new Community Sports Complex that will host Philadelphia Phillies spring training and other City special events, and has been evaluating sites for the location of the proposed complex, . Initially, the property acquired from the S1. Petersburg College was the primary location for the complex until geo- technical tests on the property indicated cavities and voids in the underlying limestone which would make construction considerably more expensive than originally anticipated. That consideration along with the concerns of the nearby neighborhood and landfill issues led the City and the Phillies to mutually agree to seek another location as its primary site. QI The Property known as the Home Depot site (located in the Clearwater Collection Shopping Center) was immediately considered for an alternative location for many reasons, including its increased visibility, access to U.s. 19 and its location directly behind the Carpenter Training Complex. . An appraisal of the property performed by Suncoast Appraisers on Jan uary 30, 2002 valued the subject property at $3,152,000. A second appraisal performed by James Millspaugh & Associates, Inc. on February 5, 2002 valued the subject property at $3,350,000. Both of these appraisals have taken into consideration the impending overpass that will be constructed on U.S. 19 and Drew Street. . It is believed the value of this parcel to the proposed project justifies the purchase price as provided in the subject contract. Closing of this purchase is anticipated on or about August 30, 2002. . . Funding for the purchase is arrived at as follows: 1,700,000 - Potential additional bonding proceeds above previous estimates 1,500,000 - in reduction in the City's participation of the capital portion of this project (agreed by the Phillies) 475,000 - remaining in capital project 250.000 - city site work now included in construction scope 3,925,000 - Total * *The City and Home Depot have agreed to a provision in the contract that allows for $75,000 of the purchase price to be held in escrow and returned to the City with interest, when presented with evidence of the purchase of $250,000 in miscellaneous materials purchased from Home Depot in conjunction with the construction of the stadium. This results in a final purchase price of $3,850,000 for the Home Depot property. The Phillies have agreed to facilitate this provision and assist the City in obtaining the lower purchase price from Home Depot. This will be formally addressed with the Phillies in the upcoming amendment to the Development Agreement. . The amount of bond proceeds from the bond issue is dependent on the bond market. Should the bonds not yield the anticipated proceeds after deducting issuance cost, the Parks and Recreation Department will bring forward an agenda item requesting supplemental funding from another source. , Reviewed by: Legal ~ Budget ~ Purchasing NA Risk Mgmt NA Info Srvc Originating Dept.: K. Dunbar Parks & Recreation 11 t"fr'/" User Dept.: Parks & Recreation W/~ . Costs Total 3,925,000 NA Public ~~~ks ~~ DCMlACY .~ Other' '.. rY'1 ~ Current FY 3,925,000 Funding Source: CI 3,925,000 OP Other Attachments Contract on file with Clerk .cr Submitted by: City Manager ~~ o None Appropriation Code: 315-92829 Printed on recycled paper ... . , '. ..' ~ ",:': .:. :~..'-" , ~; (. ! . "';" - ',; . ,t~' . , t,'; , . ~ . , :1 ' , i ! ; RECEIVED APR 0 4 2002 CITY CLERK DEPARTMENT . , . . .' " ~ ~" '. '. , . ., ~ it: 43 SUMMARY COMPLETE APPRAISAL REPORT THE FORMER HOME DEPOT UNIT 21870 US IDGHWAY 19 NORTH CLEARWATER, FLORIDA DA TE OF VALVA TION FEBRUARY 5, 2002 PREPARED FOR MR. EARL BARRETT REAL ESTATE SERVICES MANAGER CITY OF CLEARWATER PREPARED BY JAMES M. MILLSPAUGH, MAl JAMES MILLSPAUGH & ASSOCIATES, INC. 110 TURNER STREET CLEARWATER, FL 33756-5211 James M. Millspaugh, MAl III 1I';~c . ~,~ ;:", ,~,t~.- ' r :~.\l 32 SALES COMPARISON APPROACH: This methodology compares the subject property with as nearly identical buildings which have sold during the current market climate. As normal, it is the most reliable approach if an active market exists, however, in this instance, it does not. In fact, a wide variety of buildings are available and a larger number are expected going into 2002 as a result of K-Mart and other retail bankruptcies. While the subject has a good retail location, the roadway construction presents a delay, the redevelopment of Clearwater Mall presents major competition and Clearwater's zoning precludes use of the property for light industrial uses. The following proximate sales are the best known transactions which are generally similar to the subject from the physical viewpoint. ~ " . .J ~ J~....:!., ,. ~#. ' " ,,~ "' -" ,. '.. . ., ;,. ....'" ,:... \,:" T ~'t. .'.: ' -. # ..'. :" : .~. . ,'. .. t. I, .. ' ~ \ -<- l'~" . .; 1. .~:;' . : "~~.fn:: j' . _ __~ __~_____,__., __ ." _,,, ____, . ._, ...._.._ h." 'I .' 1.0/;" I), /1/ t- , -... ., ~,.' I > "'1. \,;" CR r. ~ , . . \~~!r I . : 'l'Y"" '11II :i{J>~ .,- i ~j:.>'r...:-::-'9&Q , I )1))' "~1~ ,. . : ~ :., i , . I I ! " '(",l),.}, .'. i\ \ ,{ \/;1 [~ '{i .VcJ - .'. I J:......'l." . .s'" \r' h . ll'~v+-' ~ :1 C~.v~ I) Honeymoon Island V ::~~~SSy Key LiIl\BClYOII ~each , . :', v~aladesi Island '.' J). ~,"" . AfUh~11y Ba)' vBooth Point . . . . "~-. --".--.. . I . I :~. I SA LE COMPARISON 1/1 FORMER cosrco WAREHOUSE 31975 US 19 NORTH, PALM HARBOR JANUARY 29, 1996 Sales Price: $3,392,500 Date of Sale: December, 1995 Grantor/Grantee: Price Enterprises, Inc.lABR Prop., Inc. Recordinl! Data: O.R. Book 9201 , Page 1156 Sale Confimled With: S. DeRicsthal, Broker Land Size and Value: 12.65 Acres; S2,5oo,000 Description of the Improvements: 1987 builtdiscoWlt warehouse facility including some 107,545 SF of space in a 24' high all HVAC masonry facility. The parking lot held 531 spaces. This facility had housed a Costco membership discount operation which Illld closed during 1991. The facility was originally listed tor sale at $6,800,000, had been leased to one marginal wholesale operation and then subsequently during 1995 was listed at $3,950,000, It was purchased in this transaction for an imumoce c1uilllS operations facility which was allowed in the County's CP-1 zoning. Overall Price PSF: $31.55 ($3,392,5001107,545 = $31.55) 34 SA LE COMPARISON 112 '\~?;>;jrj!~~i;~, .'," ~t.,.., ....';-~~t~,t:r~'(.: ':, :1~~~;f\.:~:::r~\(!~': ..... .. ,~ .. ... - :.,~11::~~~~~~~'Y;: t',~,:".'" . ::;l:~S:::~:~.."~:.;',~; FORMER PACE MEMBERSHIP/SAM'S CLUB 38500 US 19 N.. PALM HARBOR AUGUsr 8. 1999 Sales Price: $3,890,000 Date of Sale: April, 1998 Grantor/Grantee: Klostennan Kommons & Parkway Village/Dovatron International, IrK:. Recordin~ Data: O.R. Book ] 0050, Page 559 and 563 Sale Confinned With: D. Thomas. Broker Land Size and Value: 11.25809 Acres; $2,000,000 Description of the Improvements: 1988 built discount warehouse facility including some 100.000 SF of space in a 24' high all HV AC masonry facility, There was also an attached wing of fomler retail/office space of 25,000 SF that was partially built-out. The parking lot acconmlOdated 500 spaces. The facility had housed a Pace Membership discount operation which was subsequently acquired by Sam's Club. It had closed, the lease was no longer in place and the property was sold by an Atlanta investment entity willi a restriction from future discount warehouse use. Further, the County changed the CP-l zoning to allow for officellight industrial use, The Grantee moved from smaller facilities in the Clearwater Industrial Park. The $4.000.000 contract price was adjusted before closing for deferred rnaintenaoce items of $110.000. Overall Price PSF: $31.12 ($3.890,000/125,000 = $31.12) ... .:;., " ~ " ,~ .: . ", " .: . '" , . - . SALE COMPARISON 113 :"'.: BURDINES FACILITY IN CLEARWATER MALL 20505 US HIGHWA Y 19 NORTH, CLEARWATER FEBRUARY 7, 2002 Sales Price: $5,000,000 Date of Sale: November, 2000 Grantor/Grantee: Burdincs Real Estate, Inc.lNew Plan Excel Realty Trust One Recordinl! Data: O.R. Book 11086, P'dge 1627 Sale Confirmed With: J. Roberts, Broker Land Size and Value: 10.39 Acres; $4,000,000 DescriPtion of the Improvements: 1975 built, two story department store which was one of four anchor spaces in Clearwater Mall, This segment was separately owned and through the mall development convenants would have continued to compel the mall operator/owner to operate the balance of the property. The buyers were overly compelled to acquired this property to round out the ownership before proceeding witll the redevdopment effort and the sellers had reportedly attracted some buying interest from third party users. As such, the transaction is considered to have been market levei at a "retail" price for the property that supported some contributory value for the improvements while the developer was motivated to simply buy the site. The structure was modern, in good basic condition and included a gross building area of 152,401 SF. Overall Price PSF: $32,81 ($5,000.000/152,401 = $32.81) 35 36 SALES COMPARISON RE-CAP CHART Date of Sale Sales Price Bldg. Age In Bldg. Size in SF FAR'" Price PSF ,i. Years ;;--y----- --..- - i2i9f - h_ - -- $-j,"j92.50i) -- - -. - - - -- -S - -oo. - -. - -oo - -.- i07:S45 -oo- - -- - -- - - --.-i9S- - -- - - - -- - - $j i~55 - - -- [. r 2 4/98 $3,890.000 10 125,000 .25 $31.12 ,\1~: 3 11/00 $5,000,000 25 152,401 .34 $32.81 ~j:~--_.-._-------------------------_._--_._-_._--_._-.-------------------------------.-.----------.--.---.-------.---------- 5~~~~~!----------::-.------------.:~----------------l!-________________~~~~~~_____________._:~?_______________::_______ ~Floor Area/Land Area SALES COMPARISON ANALYSIS AND CONCLUSIONS: These sales at from $31.12-$32.81 PSF form a close range of values during an ~proximate six-year time space when the retail market for existing space has been generally Jevel. The land market has 'generally increased during this period but not until the late 1990s ~d currently has leveled off in face of the weak economy. ,. These three sales essentially confirm the historically weak demand for second ,'generation "big boxes" which will likely worsen as 2002 progresses. Essentially, most new :corporate entrants into a market prefer their own prototype store units unless a shortage exists ,~'and therefore the used buildings like the subject are either converted to an alternate use or ,i. attract second grade retail tenants. Fortunately, the subject is located in a center with its other :; anchor expected to close, which represents a logical land redevelopment. As such, there ? appears to be little support for any significant contributory value for these improvements. I' Sale Comparisons #1 and #2 were both located in the County where alternate light industrial uses were allowed. Sale #1 did not require that ability and was primarily restricted by the weak economy and retail demand of the early to mid 1990s. Sale Comparison #2 also had no retail demand, but was ultimately purchased for conversion of what amounted to a basic warehouse shell and existing site infrastructure. Sale Comparison #3 is the most similar situation to the subject as its price was negotiated at a "retail level" to the adjacent owner who needed the site. This was a far superior department store building in good condition as compared to the subject and also had a superior location which sold at the same basic price as the other sales. In reality, it sold for the site value at roughly $11.00 PSF to the adjacent owner. 37 Judging from this scant, but best available data, it appears subject's value in the "best case" scenario would fall within the $30.00-$35.00 PSF price range. 93,258 PSF @ $30.00 PSF = $2,797,740 93,258 PSF @ $35.00 PSF = $3,264,030 ROUNDED TO $3,000,000 This figure also falls below my land value estimate which at $3,350,000 would roughly indicate $36.00 PSF if based upon the building size of 93,258 PSF ($3,350,000/93,258 = $35.92). Realistically, however, only office use is allowed here similar to Sale #1 and any assemblage by the other owners would be required to satisfy a price near Sale Comparison #3. Therefore, this $3,000,000 figure likely overstates subject's "as is" value. RECONCILIATION: Cost Approach Income Approach Sales Comparison Approach $3,350,000 $2,450,000 $3,000,000 These Income and Sales Comparison Approaches are considered to confirm that the subject site value represents the total property value. My final value estimate then is represented by the $3,350,000 land value figure. ..- ~... . SUNCOAST APPRAISERS KURT SCHOENROCK . . . 1041 Fawn Court. Oldsmar. FL 34677 Telephone: (727)789-9898 . Fax: (727)786-5189 AN APPRAISAL OF THE HOME DEPOT PROPERTY LOCATED AT 21870 U. S. HIGHWAY 19 NORTH CLEARWATER, FLORIDA PREPARED FOR CITY OF CLEARWATER PUBLIC WORKS ADMINISTRATION P. O. BOX 4748 CLEARWATER, FLORIDA 33758-4754 DATE OF APPRAISAL: JANUARY 30, 2002 Prepared By: KURT SCHOENROCK, MAl Suncoast Appraisers 1041 Fawn Court Oldsrnar Florida, 34677 #'f';} .. LAND VALUE ANALYSIS There is veTY. little vacant commercial zoned land available that is comparable to the subject parcel. The appraiser completed a search of all vacant commercial land sales within Pinellas County that sold for more than $200,000. Only 10 vacant land sales were found that appeared to have some similarity to the subject in regard to location and land use. All ten sales were inspected and only 4 sales were considered similar enough to the subject site, if vacant. Only one vacant land sale was found that was located in the U. S. Highway 19 N. commercial corridor. This sale was similar in size and location to the subject and had a comer location. The other 3 vacant land sales were smaller sites that ranged from 2.13 to 2.52 acres. Due to the fact that there is very little vacant land available for commercial development in Pinellas County it was anticipated that very few vacant commercial land sales, comparable in size to the subject site would be found. Three of the comparable land sales have, or are being developed for commercial retail use, while the other sale has been developed with an office building. A brief description of the comparable vacant land sales along with a photograph and plat map are included on the following pages. The copy of the deeds are retained in the appraisers fIles. 31 ...... ~ '" f.':,. LAND SALE #1 Location: SW Corner of U. S. Highway 19 N. & County Highway (CH) 39. Palm Harbor. Selling Price: $2,800,000 Date of Sale: July 2001 Size and Shape: 6.71 acres, mostly rectangular with 437 FF. on Hwy. 19 and 580 FF. on CH 39. Access: No direct access from Hwy. 19, but two access points available from CH 39. Left turn allowed at corner of Hwy. 19 & CH 39. Visibility: Good visibility from Hwy., 19. Price Per Acre: $417,288 32 Topography: Site work being done to have near level grade well above grade of Hwy. 19 Buyer: Woods Family Limited Partnership Seller: Dimmitt Car Leasing, Inc. o R Book/Page: 11,454/1,140 Parcel No. 18/28/16/00000/21 % 1 00 Zoning & Land Use: Commercial Proposed Land Use: Automobile dealership now under construction. Utilities: All necessary utilities available. Comments: This site is located about 5 1/2 miles north of the subject along the Hwy. 19 commercial strip, The conllTIercial developments in this area are generally newer than the subject and closer to the newer and rapid residential development in northern Pinellas Co. . . . . ~, '." ., ,. , .'. ' .. .. I &- 1 6~-,=.rSl Land Sale # 1 I Comparable Photo 612(~" -.- , 58()(S) ':s- 2[JO.(}~ .,,;." 0 il' IT- (~ !V .t- .t- ::"17,3' J.. '.)J -.j n Ifl ..... IT' IT, <<. .l, '. 5.71 Jl c .~C:. In ~ C1. oJ c;. (} r... t;;. Plat Map of Comparable 33 LAND SALE #2 Location: South side of the intersection of Belcher and Old Coachman Roads, Clearwater. Selling Price: $650,000 Date of Sale: Dec. 2000 Size & Shape: 2.37 acres, triangular shape with north portion of site being at the intersection of Belcher and Old Coachman Roads. Access: From both roads plus the parking and drive area of the adjoining Albertsons shopping center adjacent to the south. Price Per Acre: $274,262 Visibility: Good visibility from both roads. Topography: Level near street grade. 34 Buyer: Albatross's Inc. Seller: Webb's Nursery, Inc. o R Book/Page: 11,177/1,664 Parcel No.: 6/29/16/00000/230/0310 Zoning & Land Use: Commercial Proposed Land Use: Gas station and convenience store now under construction. Utilities: All necessary utilities available. Comments: This site is connected to the adjoining Albertson's shopping center at the point were Old Coachman Rd. COlmects to Belcher Rd. a major six lane street running north and south, -- .. ... Land Sale #2 Comparable photo U 1975 2308 OACHMA ~AMERICUS^ RD DR AMERICUS .j" I I..:. 1873 1970 COA~~BA ,TU:'NT IS DR 1967 19GG OLD TLANT IS CO.Ae HIv1A N DR 1963 1962 OLD \ TLlq-n IS ~(jACHM!lI'1 DR _0 ':1) J9~,9 IB59 .,-J a OLD .TLANI IS U. ,,-;+.-:>, ':J OP :=- 'r <( ~Ot.CHMtN t,.. ..' -- --- 0 195~) 1854 - OLD , TL AN T IS a: ,.j ~' a:: : OA CHtAAN Df~ C ----- ,8SI 19~)(j OLD T L A t.J T 1') " (J~CHt,~t.rJ DP ,:)~ ~, '''I--:--;~-'- .', 18'1'." ill D ..TLMll ;~ G:,; Ht,,4,t.. r J Of;' .~. .____'_t_.__ '<J" 3 1:,)-'1e" ! CIL D ,.~ T I .'q'11 1-:. '(;1,( HI,M".j 'tlP . --~T'-' Plat 'Map of Comparable 35 , . , .. I' .,.. .. I . .. , ,.' LAND SALE #3 Location: 4020 Park Blvd., Pinellas Park Selling Price: $650,000 Date of Sale: February 1998 Size & Shape: 2.13 acres, rectangular site with 152 FF. on Park Blvd.. Depth is 583 feet. Access: From Park Blvd. in both east and west directions. Price Per Acre: $305,164 Visibility: Good from Park Avenue. Topography: Level slightly above street level. Buyer: Home Depot U.S.A., Inc. Seller: Chi-Chi's Florida Partners LTD. o R BooklPage: 9,981/342 27/30/16/66546/000/0011 Parcel No.: Zoning & Land Use: C0I11lnercial Proposed Land Use: Additional entrance and drive for the Home Depot facility located on Park Blvd. Utilities: All necessary utilities available. Comments: This site was used for the expansion 0 f the parking and drive area for the adjoining Home Depot Outlet. 36 . . . . ~ . 1. . ~ . . . ~ .- .", ....' ~ we It ~. Land Sale #3 oJ oJ 1:. t'} Comoarable Photo I ! I I- t- o ~ BLVD (7~1 H AVENVE N) , 7 1 + t- L.J L.J ...... \ _~------l ---- \ ~I 5 \ ~~ \ \ \ I, I \ o Ct. /1'1 V AVENUE z Plat Map of Comparable 37 LAND SALE # 4 Location: 15,500 Lightwave Drive, St. Petersburg Selling Price: $1,000,000 Date of Sale: June 2001 Size & Shape: 2.52 acres with an irregular shape. Access: From Lightwave Drive off Roosevelt Blvd. Price Per Acre: $396,825 Visibility: Fair. Visible from Roosevelt Blvd., west of the intersection with 49th St. N and Bayside bridge. Also visible from the access road from the Bayside bridge to Roosevelt Blvd. Topographv: Property is in a wetland area and fill was required to provide a level site for the construction of the building and parking lot. 38 Buyer: Bayside Concourse Developers, L.L.C. Seller: HRCF Bayside Hotel Limited o R Book/Page: 11,451/2,242 Parcel No.: 33/29/16/04904/000/0030 Zoning & Land Use: Commercial Proposed Land Use: Land has been improved with an office building. Utilities: All necessary utilities available. Comments: This site is located just west of the south exit of the Baysi~e bridge on Roosevelt Blvd.. It has been improved with an 50,000 sq. ft. office building and is part of an attractive office park with considerable landscaping. Land Sale #4 " ...1 . ; ~",'. Comparable Photo :r. t- o:> "'f" J I I ! I I. I I , I , ; I I' \ I 13 :0 o )>>- o :=0490.c 10 9 I! I ; I I ! II t + ~ J~~ ~I/l 1)>0 Vs '('~ Q~ 22 6Z ~ ~D .~ - 39 LAND SALES SUMMARY Subiect Sale 1 Selling Price Date of Sale Land Area Acres 5.76 Price Per Acre. $2,800,000 7/2001 6.71 $417,288 Time Adjustment Time Adj. Price Per Acre o $417,288 Sale 2 Sale 3 Sale 4 $1,000,000 6/2001 2.52 $396,825 o $396,825 COMPARISON GRID Location: Good Good Average Average Average . Access: Fair Good Average Average Fair Corner Site No Yes yes No No Shape Average Good Fair Good Average Visibility Fair Good Good Good 'air Overall Average Good "'<'."""". $650,000 12/2000 2.37 $274,262 $650,000 2/1998 2.13 $305164 o $274,262 +6% $323,474 AveIFair Average 40 A\'.cr.age .' , .' . ~'" .. " " "". f. " ' " .'. I,'. I ,~. ~. , . . ' . I .. : '. ".: . _ ' .. : 'f ' . . COMPARABLE SALES ANALYSIS The appraiser researched all improved sales of similar type commercial zoned properties in Pinellas which sold within the past five years. No sales of vacant properties similar in size, location and property type were found. Only one sale was found of a building similar in size, age and potential use to the subject was found. This sale (improved sale #5) is located on U. S. Highway 19 N., in Palm Harbor and is located about 10 3/4 miles north of the subject. Five other sales of improved commercial properties similar in location, type or potential use were also used to help arrive at an estimate of the value for the subject property as as. This analysis was done by estimating the value of the land within the comparable sales and subtracting this from the selling price to arrive at the value of the improvements. The estimated value of improvements for each comparable was then compared to the subject improvements and adjustments were made in regard to such factors is age, construction, design, access land to building ratio and site improvements. The six sales of commercial properties included three sales that were similar in use to the former use of the subject property and two sales of strip shopping centers, which could be an altenlate use for the subject property and one sale of office/warehouse building that was similar in building size to the subject property. The dates of sale for the six comparable improved sales occurred from May 1997 to July 2001. No time adjustment was applied to the 3 sales which sold during 2000 (7, 8 & 10). A time adjustment of 1 % was applied to Sale 9 which sold in Sept. 1999, 4% for Sale 5 that transpired in April 1998 and 7% for Sale 6 that sold in May 1997. The estimated per acre land value, ifvacant, for the 6 comparable sales as follows: Sale 5: Sale 6: Sale 7: Sale 8: Sale 9: Sale 10: $200,000 $400,000 $425,000 $250,000 $500,000 $450,000 Included on the following pages is a brief description of each sale, a comparison grid of the comparable sales and a comparable sale map. 43 . :" " R w'. .~ -. ~'. ....' >.. ,........ . . '. ..:.. .- '", ~ :, : IMPROVED SALE # 5 Location: 38500 U. S. Highway 19 N., PaInl Harbor Selling Price: $3,890,000 Date of Sale: April, 1998 Land Size: 13.57 acres Overall Price Per Acre: $286,662 Building Size: 127,170 SF, two buildings; 101,050 SF warehouse and 26,120 SF office. Overall Price Per SF: $30.59 Land to Building Ratio: 22.63x Year Built: Warehouse 1988, Office 1990 Buyer: Dovatron International, Inc. Seller: Klosterman Kommons Limited Partnership and Parkway Village, Ltd. 44 o R BookJPage: 10,050/555-565 Parcel No.: 19/27/16/89442/000/0490 Access: Access from both Hwy 19 and Klosterman Rd. Lighted intersection, Comments: This property is located about 10& 3/4 miles north of the subject with good fronlage from both H\\)'.19 and Klosterman Rd. Visibility is also good fTOlll both roads. The existing buildings \l,'crc renovated and additions were added. I t building complex is now a modern industrial plant (or Dovatron. .. Improved Sale #5 ~ ""'" Comparable Photo I~~"? " ,j ~ r. uc. .J / HI GH\~( 24400 HI G~~\ y LAKE BLACKBURN STREET I I Plat Map of Comparable 45 "'" ~ ~~ IMPROVED SALE #6 Location: 2495 Gulf to Bay Blvd., Clearwater Selling Price: $10,684,200 Date of Sale: May 1997 Land Size: 13.13 acres Overall Price Per Acre: $810,982 Building Size: 113,600 SF Overall Price Per SF: $93.73 Land to Building Ratio: 5.03x Year Built: 1995 Buyer: Tropicana Palms, Ltd. Seller: K Mart Corporation o R BooklPage: 9709/794 & 9,606/1 ,088 Parcel No.: 18/29/16/00000/420/0100 Access: Two entrances from Gulf to Bay Blvd." plus rear entrance from Dnlid Rd.. Comments: This property is located about 1/4 mile west of the major intersection of Gulf to Bay Blvd. and U. S. Hwy. 19, about 5/8 mile south of the subject property. The building is now a Home Depot outlet. Construction is of tilt-up panels. Ceiling height is 18 Roo Very good parking facilities. 46 , , ,. . . . '. ' . . ~ I ' ;' . ..".'" _' .:;.1 i :' ,1 . , .' ~. '. " ~. .' . . . . ~ _ ' . f .... "' Improved Sale #6 Comparable Photo . I' I i I J '0 --1-- 0----; / + r L F- E r" ____irrrrrr-rri ,- L___ --~ r---r---, ~----- Plat Map of Comparable 47 IMPROVED SALE #7 Location: 2551 Drew St., Clearwater Selling Price: $3,800,000 Date of Sale: January 2000 Land Size: 6.17 acres Overall Price Per Acre: $615,883 Building Size: 41,425 SF, strip shopping center Overall Price Per SF: $91.73 Land to Building Ratio: 6.49x Year Built: 1987 , Buyer: Euro American Investments, Inc. Seller: Robert E. Alpaugh 1992 Trust o R Book/Page: 10,787/1,072 Parcel No.: 18/29/16/13141/000/0210-0211 Access: Main entrance is from Drew St., directly across from Drew St. entrance to subject shopping center. Other access is available from Drew S1. and Frontage Road to 19 going south. Comments: This property fronts on Drew St. just west of its intersection with Hwy.19 N.. It is located on the south side of Drew 81. across from the subject shopping center. The buildings are of typical strip shopping center construction and appearance. 48 . Improved Sale #7 "l,... . . , A. J :.).; "1 ~. ......,~, ~ ~.: ri~ .'.;':.t- ,.Vj ;.,1' "'"10 . -.,~I..::J) H:'~ It, Comparable Photo I OJ''''=' I - 'J I. , I~.. '"JI~::""" :'::: t~: ~. EXTENSION 210.3 . '.~ . 4". . 251 :2'9?3 --1.I.&- I~O r-::: '1 12' .7 ,~ fI') (". ~ F,J I I ! i"o)...C. , 3~' I a q) .... l!'l ~ l~ 2~ r- - I 1'3141 L- ~_I l -. q ..J3-9____-?.?-' :. ..:'I,~ Plat Map of Comparable '49 " f I ' . '.", . j " , .'" _...' ~,' " " ' IMPROVED SALE #8 Location: 1969 Sunset Point Road, Clearwater Selling Price: $1,300,000 Date of Sale: July 2000 Land Size: 1.66 acres Overall Price Per Acre: $783,133 Building Size: 16,576 SF, strip shopping center Overall Price Per SF: $78.43 Land to Building Ratio: 4.36x Year Built: 1991 Buyer: Orange Ventures, L.L.C. Seller: K. D. Sauder Revocable Trust o R Book/Page: 10,972/511 Parcel No.: 1/29/15/70164/300/0200 Access: Two entrances from Sunset Point Road. Also rear entrance from Hercules Ave. via drive across adjoining Service Station Comments: Sale 8 is located just west of the intersection of Sunset Point Road and Hercules Ave. about 2 rniles northwest of the subject. Typical low cost bay type strip shopping center construction.. Limited commercial development west of this property. 50 Improved Sale #8 Comparable Photo 1969 SVf'-.~[T POIWf L871 HER''cIJL [S AVr- 184<; ~)N~'t-1 t-' IJ I r.:)t 1890 HERCUL C:~ .A.VE Plat map of comparable 51 . ~ ". .' ". " . I ~' . ' , . .' ..'.... ~. 1 ' ~ r- IMPROVED SALE # 9 Location: 3700 Tyrone Blvd., St. Petersburg Selling Price: $3,899,000 Date of Sale: September 1999 Land Size~ 4.47 acres Overall Price Per Acre: $872,260 Building Size: 43.294 SF, retail outlet Overall Price Per SF: $90.06 Land to Building Ratio: 4.50x Year Built: 1994 , Buyer: SPlITS A St. Petersburg. Seller: Not disclosed o R Book/Page: 10,664/2521 Parcel No.: 12/31/15/14842/001/0010 Access: Direct access from 38th Ave/ N/. Other access is from the Tyrone Blvd. frontage that connects with 38th Ave. N.. Comments: Sale 9 is a triangular shaped parcel that is located at the SE corner of the major intersection of 38th Ave. N.and Tyrone Blvd. The property serves as a Sports Authority retail outlet. The building is and attractive tilt-up masonry building with 22' ceilings. The building and hind improvements are in very good condition. 52 Improved Sale #9 Comparable Photo ...,;" , .J r', ..."', , I.. " I' I' \'..>;' , 1';'\ 4 -: JJz , . . ,Ii'" ;:1 '," : " . J-\ II',,; i " I,,:, ~, f,~ . , ' I ' Ill""' f ",'. .' "" '.,' ,\ ' 36TH AVENUE "1 r I." ,,,,,, 1._ N r,', " ',I. " Plat tvtap of Comparable 53 . ' . " . . ~ ','''.. ." Location: Selling Price: Land Size: Overall Price Per Acre: Building Size: Overall Price Per SF: Land to Building Ratio: Year Built: Buyer: Seller: o R BooklPage: Parcel No.: Access: Comments: IMPROVED SALE #10 24400 U. S. Highway 19 N., Clearwater $1,960,000 Date of Sale: October 2000 1.4 7 acres $1,333,300 14,920 SF, retail store $131.37 4.29x 1991 Salvation Army Not Disclosed 10,098/2,423 6/29/16/09072/000/0600 No direct from Hwy. 19, but the site is located at the NW corner of Hwy. 19 and Blackburn St.. Two entrances are available from Blackburn S1.. Tills site is situated about 4 to 5 feet above the grade level ofHwy. 19. It is located about 1 II2 miles north of the subject property. The building is of above average masonry construction with a plate glass front. Ceiling eight is 18 feet .Good cement and asphalt drive and parking area. 54 Improved Sale #10 ~ , .' .".,,':,~ <~.,~;~- '-Jiii~~f~~~J~~I{;. ,t'i~.1""\"""i ~ .:. 'v, ~:<~'Y:..1:..,~~. \.~~~ .,...', \~ Comparable Photo ~'---, [J i 1 '". '.-- - .. .. - ~ ----..- + Plat Map of Comparable 55 ~! i ~ :;: / .i:.. ::;! ! j!~ ('~~ I~, ' ~.. .---ij ~ "A.I:.' : .'~' ...~.~.., . .;"': . . ~':.~. "~, ,." .~,.~~:;i,.: ..:.~/ ; .;,; ,t,..'; I ). :~,;<r~/~-{: ..'_ ; ::.' '':: ~. ~. , . ~ ~ ".' " .... '. .!" ,1'. . >- I- LY u. ~ tt (,). m a: < :1:. \ \ "/ / I, ::: ."., , .~.~i.! ....-', ~. ~,' i . (",#, , /. " ~ .,".' :' ~.~ ! ~\H.; ", !. ~~~:~i ," :::~~:t~t ",I' . ~:il. ~ . :, . ......~ '::. ! . ~ I ; I . :..0.{. :.1\,' '~~':::~':. ~!. " i ~ ~'!!:! I~f~ / / ~ , ~ . " .'. /'oJ, '. . 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APR-04-7,002 10:44 FRO~~REAL ESTATE LAW 1703843042 T-337 P,002 F-909 Execu.tion Copy April 3, 2002 .' .' / :i:,., , Drew Street, Clearwater, FL; The City of Clearwater; Store #246; eLMS #RE-2002.006987 PURCHASE AND SALE AGREEl\tIENT THIS PURCHASE AND SALE AGREEMENT (this "Agreement") is dated as of the Effective Date (as defined below) and is hereby made and entered into by and between HOME DEPOT U.S.A., INC,t a Delaware corporation (hereinafter referred to as the "Seller"), and The City of Cleanvater, a municipal corporation of the State of Florida (hereinafter referred to as the "Purchaser"). WI T N E SSE T H: WHEREAS) Seller desires to sell and Purchaser desires to purchase) upon the terms and conditions hereinafter set forth) that certain tract or parcel of land. containing approximately 8.63 acres, lying and being in Clearwater, Pinellas County) and being more particularly described on Exhibit A attached hereto and made a part hereof: together with all rights, easements and appurtenances pertaining thereto (collectively, the "Property"), and subject only to the Pennitted Exceptions (as defined below). NOW, THEREFOREt in consideration of the mutual promises and covenants contained herein and other good and valuable consideration) the receipt and sufficiency of which are all hereby acknowledged by each of the parties hereto, the parties hereto agree as follows: 1. l.J!.nhase Price. (a) Seller shall sell and transfer the Property to Purchaser, and Purchaser shall purchase the Property from Seller and pay to Seller, by wire transfer, the sum of Three Million Nine Hundred Twenty Five Thousand and NollOO Dollars ($3,925tOOO) hereinafter referred to as the "Purchase Price")t subject to adjustment as provided herein. (b) Within five (5) . business days after the Effective Date, Purchaser agrees to deposit in escrow with Bryant, Miller and Olive, P.A. ("Escrow Agent"), at its office located at 201 South Monroe Street, Suite 500, Tallahassee, Florida 32301) an earnest money deposit in the amount of Twenty Five Thousand and No/lOO Dollars ($25,000.00) (the "Earnest Money") and the remaining Twenty Five Thousand and No/lOa Dollars ($25~OOO.OO) after the Inspection Period ends for a total Eamest Money deposit of Fifty Thousand and Noll 00 Dollars ($50,000.00). Escrow Agent shall invest the Earnest Money in a federally-insured interest bearing account. Except to the extent J\11LOI/I117SS8Ivl/s4 s'o~ 11246; eLMS 1,IRE.2002.006981 Purchase and Sale: Agreement Drew Street. Clearwater. FL: The City ofCJearwatcr: ~ . . . . '.' . \ ~'.'. ,. . . - . . . .. . APR-D4-Z0DZ 10:44 FROM-REAL ESTATE LAW 7703843042 T-337 P.003 F-909 Execttliofl Copy April 3. 2002 othenvise set forth herein, all Eames! Money shall be non-refundable and shall be applied for Purchaser's benetit against the Purchase Price. All interest which has accrued on the Earnest Money shall, under all circumstances, belong to the party whic11 is ultimately entitled to receive the Earnest lVloney. Purchaser shall pay all escrow fees which are charged by Escrow Agent, and Seller and Purchaser each agree to execute and deliver all documents which are reasonably requested by Escrow Agent to effectuate the escrow of the Earnest Money. The panies acknowledge that the Escrow Agent serves as special counsel to the Purchaser and will serve as agent for the title insurer to be selected by the Purchaser. The Escrow Agent's actions in holding and disbursing the EscrovY Money shall be deemed ministerial and so long as the Escrow Agent reasonably performs as provided herein, the parties hereby agree to hold harmless and indemnify the Escrow Agent with respect to any loss or damage experienced by the Escrow Agent, including reasonable attorneys fees, as a result of its good faith performance in holding and disbursing Earnest Money. '. (c) ~t closing, the panies shall deposit with the Escrow Agent, or the Escrow Agent is directed and authorized to retain from the Seller's proceeds~ Seventy-Five Thousand and NollOO Dollars ($75.000.00)(the "Purchase Price Concession Incentive"). Escrow Agent shall invest the Purchase Price Concession Incentive in a federally-insured interest bearing account. All interest which accrues on the Purchase Price Concession Incentive will ratably belong to the party or parties which are entitled to receive the Purchase Price Concession Incentive. The Purchase Price Concession Incentive shall be disbursed by the Escrow Agent no later than three hundred and sixty (360) days after Closing as follows: (ii) In the event the Purchaser timely presents the Seller and Escrow Agent with evidence in the form of sales receipts from Seller of less than Two Hundred Fifty Thousand and Noll 00 Dollars ($250,000.00) of purchases (exclusive of all taxes) made by Purchaser, the Philadelphia Major League Baseball franchise, their agents, contractors or other parties involved with the development and construction of the Community Sports Complex. (as hereinafter defined), the Escrow Agent shall disburse the Purchase Price Concession Incentive, together with all accrued interest, ratably between the parties. The ratable disbursement (i) In the event the Purchaser presents the Seller and Escrow Agent with evidence in the form of sales receipts from Seller of Two Hundred Fifty Thousand and Noll 00 Dollars ($250,000.00) of purchases (exclusive of all ta'"{es) made by the Purchaser, the Philadelphia Major League Baseball franchise, their agents, contractors or other parties involved with the development and construction of the Con1ffiunity Sports Complex (as hereinafter defined), the Escrow Agent shall disburse the Purchase Price Concession Incentive to the Purchaser. The Escrow Agent shall make such disbursemen~ provided the Seller makes no objection to the amount or veracity of the sales receipts presented, of the Purchase Price Concession Incentive to the Purchaser within ten (1 0) days after receipt of such evidence. .. . .' . , , " .... .. : ~ " .' . . /", . , . .. \ . ' . :.' t, . , . '; , . 4. ~ ,. ' . J . " APR-04-Z00Z 10:44 FROM-REAL ESTATE LAW 7703843042 T-337 P.004 F-909 ExecutlO1I Copy April 3. 2002 of the Purchase Price Concession Incentive to the Purchaser shall be arrived at by multiplying the Purchase Price Concession Incentive, together with all accrued interest, by a fraction composed of the total amount of sales receipts presented as the numerator and Two Hundred Fifty Thousand and Noll 00 Dollars ($250,000.00) as the denominator. All remaining funds shall then be disbursed to the Seller. The Escrow Agent shall make such disbursement, provided the Seller makes no objection to the amount or veracity of the sales receipts presented, three hundred and sixty (360) days after Closing. Timely presentation by Purchaser to the Escrow Agent and Seller of sales receipts from Seller must occur within three hundred and fifty (350) days after Closing. 2. Closing Costs. , " .', (a) Seller shall pay Seller's attorneys' fees outside of Closing. At Closing, Seller shall pay (i) any documentary revenue stamp taxes and all other taxes and costs associated with the conveyance~ excluding recording fees to record the deed conveying the Property to the Purchaser, and (ii) the reasonable costs for any Phase II environmental testing conducted by Purchaser on the Property, if such testing is recommended by Purchaser's Phase I environmental report. (b) At Closing, Purchaser shall pay (i) the cost of the preparation of the Survey (as defined below), (ii) Purchaser's attorneys' fees outside of Closing, (iv) all recording fees to record the deed conveying the Property to Purchaser, and (vi) all title insurance fees and premiums. (c) costs and fees. All other costs and fees shall be paid by the party incurring such 3. Taxes and Assessments. All real estate taxes and assessments which are or which may become a lien against the Property shall be satisfied of record by Seller at closing. In the event the Purchaser acquires fee title to the Property between January 1 and November 1, Seller shall, in accordance with Section 196.295, Florida Statutes, place in escrow with the county tax collector an amount equal to the current taxes prorated to the date of transfer, based upon the current assessment and ~illage rates of the Property and based on payment on November 1. In the event the Purchaser acquires fee title to the Property on or after November 1, Seller shall pay to the county tax collector an amount equal to the taxes that are determined to be legally due and payable by the county tax collector. However, Seller shall be obligated to pay all personal property taxes for the year in which closing occurs. 4. Closing. The consummation of the purchase and sale of the Property APR-04-2002 10:45 FROM-REAL ESTATE LAW 7703843042 T-337 POOS/018 F-909 ErecllrioT/ Copy April 3. 2002 contemplated under this Agreement (the "Closing") shall be held on or before August 31) 2002 (the "Closing Date"), the date, time and place of closing shall be set by Purchaser to coordinate with the closing on the issue of revenue bonds to be issued by the Purchaser to finance the Purchase Plice and/or the contemplated sports stadium facility and appurtenances to be partially located on the Property.. Seller agrees to deliver possession of the Property to Purchaser at Closing. At Closing, all of the terms and conditions of this Agreement shall be deemed to have been satisfied and merged into the Deed (as defined below) and shall not survive the Closing, except as specifically set forth in this Agreement. 5. Inspections Prior to Closing. (a) Subject to any rights or restrictions under any of the Permitted Exceptions, Purchaser, its agents and representatives, shall at all times before the Closing have the privilege, opportunity and right of entering upon the Property in order to conduct such investigations of the Property, including, but not limited to, the physical and environmental conditions thereof, as Purchaser deems necessary or desirable to satisfy itself as to the condition of the Property, and Purchaser will rely solely upon same and not upon any infonnation (including without limitation environmental studies or reports of any kind) provided by or on behalf of Seller or its agents or employees with respect thereto) other than such representations, warranties and covenants of Seller as are expressly set forth in this Agreement or the documents executed at Closing pursuant to Section 9 hereof To the extent permitted by law, Purchaser agrees to indemnify, defend and hold harmless Seller from and against (i) any and all damages to person or property, and (ii) any and all liabilities, damages, costs and ex.penses (including without limitation reasonable attorneys' fees and court costs), which arise as a result of or in connection with Purchaser's exercise of its rights pursuant to this Section. This indemnity shall survive any tennination of this Agreement regardless of the reason for such termination. (b) Purchaser acknowledges that the Property is being sold "AS IS, WHERE IS" without any obligation of Seller) except as required by law or as expressly set forth herein to the contrary, to perform any repairs, improvements) maintenance or other work to the Property or any part thereof, and without, except as expressly set forth herein to the contrary, any warranties, express or implied, of any kind from Seller, including, but not limited to, warranties of fitness, merchantability, fitness for a particular purpose, habitability, tenantability or environmental condition. Seller expressly disclaims any representations and warranties with respect to the Property) except as specifically set forth in this Agreement, including any representations by any brokers or salesmen, and Purchaser does hex:eby acknowledge that, in purchasing the Property, Purchaser is relying only upon those representations of Seller concerning the Property expressly set forth as such in this Agreement. Further) in the event Purchaser purchases the Property, Purchaser hereby waives any claim it may have against Seller as to matters related to the Property or Seller. Upon Closing, Purchaser shall assume the risk that adverse matters, including but not limited to, advt:1"se physical and : '".r> . ..... ..~!.. "" ..~. ,'~ '.....f ".',y~!",'4'~ '~." ,;\.' ,'.': .~,' ".i"'.~~.' .'0.... ',~,,'.",..';'ll'~~' ':"';'./'1,,,'.7. .,\,~<' ~..' "'..~.'... .'..,' '~.,f~"..,':,I._:~. APR-04-Z00Z 10:45 FROM-REAL ESTATE LAW 7703843042 T-337 P 006/018 F-909 E.reC!trion Copy April 3, 1002 environmental conditions, may not have been revealed by Purchaser's investigations, and Purchaser, upon Closing, shall be deemed to have waived, relinquished and released Seller (and Seller's officers, directors, shareholders, employees and agents) from and against any and all claims, demands, causes of action (including causes of action in tort). losses, damages, liabilities, costs and expenses (including reasonable attorneys' fees) of any and every kind or character, known or unknown, which Purchaser might have asserted or alleged againsr Seller (and Seller's officers, directors, shareholders, employees and agents) at any time by reason of or arising out of any latent or patent physical conditions:. violations of any applicable laws and any and all other acts, omissions, events, circumstances or matters regarding the Property, except any such claim, demand, cause of action, loss. damage, liability, cost or expense arising out of any breach by Seller of any representation or warranty expressly set forth in this Agreement or the documents executed at Closing pursuant to Section 9 hereof. The provisions of this subsection (b) shall survive Closing. (c) Within five (5) business days after the Effective Date, Seller shall deliver to Purchaser copies of all surveys and title policies in Seller's possession and relating to the Property (the "Seller Information"). Purchaser acknowledges that Seller does not make any representation or warranty of whatever nature regarding the truth, accuracy, validity, completeness, usefulness, suitability or any other aspect of the Seller Information, and Seller expressly disclaims any such representation and warranty. Purchaser further acknowledges that the Seller Information is specific to Seller's use and development of the Property and may not be consistent with the interests of Purchaser in the Property. Purchaser relies on any Seller Information at Purchaser's sole risk. By accepting any Seller Information, Purchaser agrees to release Alston & Bird LLP, the environmental consultant and Seller from any liability that Purchaser may incur as a result of its reliance on the Seller Information. Purchaser hereby agrees that in the event this Agreement is terminated prior to Closing, Purchaser shall return all Seller Information promptly to Seller. The provisions of this subsection ( c) shall survive Closing or any earlier termination of this Agreement. 6. ~onditions Precedent. (a) TnspectiQnPeriod. It is agreed that Purchaser's obligations hereunder are conditioned upon Purchaser being satisfied, at Purchaser's sole cost and expense, within the sooner of the ninety (90) day period after the Effective Date or the Closing Date (the "Inspection Period"), with the condition of the Property for the construction, development and operation of Purchaser's intended improvements, including the results of any environmental studies and geotechnical studies desired by Purchaser. Should Purchaser fail to be satisfied with the condition of the Property, Purchaser may, by delivery of written notice to Seller on or before the expiration of the Inspection Period, terminate this Agreement, whereupon this Agreement shall be deemed null and void and of no further force or effect with Purchaser and Seller having no further rights, obligations or liabilities hereunder except as otherwise set forth herein. If Purchaser elects not to terminate this Agreement pursuant to this Section 6(a), . -:.' : \~.." . , ~ ~ . . '. _: ' APR-04-2002 10:48 FROM-REAL ESTATE LAW 7703843042 T-337 p.oor/ols F-909 Execution Copy April 3. 2002 Purchaser shall be deemed satisfied with the condition of the Property. , r' I (b) Title. Purchaser shall order a commitment for title insurance within five (5) days following the Effective Date and shall have until the date which is sixty (60) days following the Effective Date to examine the title to the Properry, and to give written notice to Seller (the "Title Objection Notice") of any objectionable matter or defect which adversely affects the use of the Property for the Purchaser's purposes or otherwise adversely affects the marketability or insurability of the title to the Property (the "Title Objections"). The Title Objection Notice shall be accompanied by a copy of Purchaser's corrunitment for title insurance. If Purchaser fails to deliver the Title Objection Notice within said sixty (60) day period, Purchaser shall be deemed to have waived such right to object to the Title Objections. If Purchaser does give Seller timely notice of any such objectionable matters, Seller agrees to notify Purchaser within ten (10) days following Seller's receipt of the Title Objection Notice as to whether Seller will attempt to cure such Title Objections by the Closing Date. If Seller fails to notify Purchaser within said 10-day period or Seller notifies Purchaser within said lO-day period that Seller does not intend to attempt to cure any or all of the Title Objections by the Closing Date, 'then Purchaser shall have the option either to (i) waive its objections hereunder and take title to the Property pursuant to the remaining tenns of this Agreement or (ii) terminate this Agreement by giving written notice to Seller prior to the expiration of the Inspection Period. Further, if Seller notifies Purchaser that Seller intends to attempt to cure the Title Objections by the Closing Date but Seller fails to cure such Title Objections by such date, then Purchaser shall be entitled to exercise its option under subsection 6(b ) (i) or (ii) above, provided that the option under subsection 6(b)(ii) above shall be exercised prior to the Closing Date. Upon any termination of this Agreement pursuant to this Section 6(b), this Agreement shall be deemed null and void and of no further force or effect with Purchaser and Seller having no further rights, obligations or liabilities hereunder except as otherwise set forth herein. ( c) Survey. Purchaser shall~ at its sole cost and expense as soon as practicable, but in any case by not later than sixty (60) days following the Effective Date, obtain a current boundaty survey of the Property prepared by a professional surveyor and mapper licensed by the State of Florida which meets the standards and requirements adopted by the Florida Department of Professional Regulation, Board of Land SUlVeyors under Chapter 61 G 17, Florida Administrative Code, or its successor in function ("Surveytl). The Survey shall locate all improvements on and within the boundary of the Property as well as the matters described in title search information presented by Seller or Purchaser. Further, the Survey shall reflect and show all easements or other matters referred to in Exhibit "A" hereto and reflect such use rights for all parcels within the common plat recorded in Plat Book 107, Pages 24 and 25, Public Records of Pinellas County, Florida. The Survey shall be certified to Seller, Purchaser (and other parties requested by the Purchaser), the title insurer and its agent, and the date of certification shall be subsequently updated to within thirty (30) days before the date of closing, unless this thirty (30) day time period is waived by the Purchaser and by the title insurer for purposes of deleting the standard exceptiol1s for :r" ," ".". '. .'''.",,' i., .' '".'1~.. "';. "~','~.,j:~', ~,' .' ~ ,',... ~;"., ,", .1'.", .:...,' : G" APR-D4-2D02 10:46 FROM-REAL ESTATE LAW 7703843042 T-337 P,ODS/OIS F-909 Erecurion Copy April 3, 2002 survey matters and easements or claims of easements not shown by the public records from the owner's title policy. If the Survey shows any encroaclunent on the Property or that any improvements intended to be located on the Property encroach on the land of others) the same shall be treated as a Title Objection. Adverse matters disclosed by such Survey which impair the marketability of the Property or otherwise materially frustrate purchaser's contemplated use for a sports stadium facility and associated uses, shall also be treated as a Title Objection. (d) Modifications oLReJease of Existing Restrictions, Easements and Use Ri~. (i) The Purchaser and the Philadelphia Phillies Major League Baseball franchisee have negotiated and executed agreements relating to the development and construction of a sports stadium facility consisting of a natural grass ballpark and stadium meeting major league baseball spring training standards7 with approximately 77000 fIXed seats, outfield berm seating and other appurtenant facilities (the "Community Sports Complex))). The proposed plan for creating the Community Sports Complex involves the City's acquisition of the Property pursuant to this Agreement on or before August 31, 2002. '. (ii) The Property is cUITently used in conjunction with other adjacent properties for retail shopping center purposes; and, the Property is subject to numerous covenants, restrictions, easements and other matters of record which provide for retail related shopping related use of the Property in conjunction with other properties, but do not allow or provide for the contemplated use of the Property as a part of the Community Sports Complex. The successful closing on the "Property and development of the Community Sports Complex. will require substantial revision, restatement and modification or release of numerous covenants, restrictions, easements and other matters of record now affecting the Property as conditions precedent to closing. (iii) Seller and Purchaser shall make a diligent effort to draft, circulate for comment, negotiate or otherwise arrive at a consensus on one or more documents or instrUments necessary to modify, amend, restate or release the Property from all matters which are reasonably inconsistent with the contemplated use of the Property for a Community Sports Complex. Any such amendments, modifications, restatements or releases shall address all matters necessary to develop the Community Sports Complex and further induce the Philadelphia Phillies Major League Baseball franchisee to revise and enter into a long-term use agreement with the Purchaser and shall include, but not be limited to the following: ". I) provision for secondary ingress and egress from Coachman ,Road, Drew Street and U.S. Highway 19 through the Property to the Community Sports Complex; ( APR-04-2002 10:46 FROM-REAL ESTATE LAW 7703843042 T-337 P,009/018 F-909 E.;'(ecmz'on Copy April J. 2002 2) releasing, modifying or otherwise restating any restriction, use or operation agreement and covenant, easement or other agreement affecting the Property in a manner that advances the development of the Property as a Community Spans Complex and in a manner satisfactory to the Philadelphia Phillies Major League Baseball franchisee; 3) restricting any stadium improvements to no further south than the existing building improvements now located on the Property; 4) reconfiguring the existing parking site plan to restrict the parking, or substantially all of the parking, now available on the Property for the Community Sports Complex uses (the Purchaser expects to use such parking for player/staff NIP purposes); and 5) provision for the long-term use of the Property by the Philadelphia Phillies Major League Baseball franchise subject to any revised, amended, restated or modified instruments or documents affecting the Property. " t.. (iv) Within fifteen (15) days of the Execution Date Purchaser and Seller agrees to diligently work to identify all affected or necessary parties and outline the documents. or instruments and substance thereof to comply with the conditions precedent described in this Section. Within forty-five (45) days of the Execution Date Purchaser and Seller shall diligently work to prepare and circulate for comment all documents necessary to comply with the conditions precedent as described in this Section. The Parties hereto recognize and acknowledge that the necessary modification, amendment, restatement or release of the Property from matters of record will require the cooperation and participation of third parties. Neither Seller nor Purchaser shall have any obligation to compel any third party to execute any instrument or bring any suit to resolve any failure to meet or comply with any condition precedent herein. If the Seller and Purchaser are unsuccessful in curing or removing Title Objections or otherwise complying to the parties~ satisfaction with the conditions precedent to Closing prior to the end of the Inspection Period (including specifically ~e condition precedent in this Section 6( d), the Purchaser shall have the option to either: (1) accept title as it then is with or without an agreed upon reduction in purchase price from Seller, (2) seek to obtain the Seller's approval of an extension to the Closing Date, which may be granted or denied in the sole discretion of the Seller, or (3) terminate this agreement and receive the return of its Earnest Money in full, thereupon releasing Purchaser and Seller :from all further obligations under this agreement. (v) It is the intent and the objective of the Parties to secure all necessary documents and instruments contemplated by this Section and obtain execution thereof (in escrow pending closing on the Property) by all affected or necessary parties other than the parties to this agreement thirty (30) days prior to the Closing Date. :I l"j' "'.', .,~ ....~ .", \ ,..... ':~:/ "...,!,~' . '.'.......:\ :...., ,~.~ 1.,lf;''''' J /1 "..:..' ..,',:} ,t '\.,. "'1,',~,;\" l'r..,/' . 'I~;.': ',". ~. ....\~ >1...: '..",,',_, APR-04-2002 10:47 FROM-REAL ESTATE LAW 7703843042 T-337 P.OlO/OlS F-909 ExeClltlon Copy April 3. 2002 7. Covenant to Cooperate in Documentin2 Charitable Contribution. Upon Closing the City agrees to timely cooperate in documenting the donation of appreciated property to a governmental unit under Section 170 of the Internal Revenue Code represented by the difference between the fair market value of the Property, determined solely by the Seller and not the Purchaser, and the Purchase Price. The provisions of this subsection shall survive Closing. 8. Conveyance of Title. (a) At Closing, Seller shall convey fee simple title to the Property to Purchaser pursuant to a recordable special warranty deed (the "Deed"), subject to all of the following (collectively, the "Permitted Exceptions"): (i) all easements, restrictions and encroaclunents of record or which would be ascertainable by an inspection or survey of the Property, (ii) all existing zoning laws and ordinances, (iii) all taxes and assessments not yet due and payable:> and (iv) all Title Objections waived by Purchaser pursuant to Section 6{b) above. Provided, however, the foregoing shall not be deemed to limit Purchaser's rights pursuant to Sections 6(b) and 6(d) above. The drafting of all documents shall, at the sole option of the Purchaser, be done in a manner which avoids merger of any of the Purchaser's current interests in the Property. .' (b) The Deed to be delivered by Seller to Purchaser at the Closing shall contain the legal description of the Property set forth on Exhibit A hereto; provided, however, that if the legal description of the Property based on the Survey and Purchaser's commitment for title insurance differs from Exhibit A hereto, Seller will additionally convey the Property to Purchaser pursuant to the new survey legal description of the Property, if different from Exhibit A hereto~ by quitclaim deed. Seller shall be under no obligation to deliver such quitclaim for any interest it may have in any lanJs other than land within the plat recorded in Plat Book I 07 ~ at Pages 24 and 25, Public Records of Pinellas County, Florida, or lands contiguous thereto. (c) The Deed shall include a restriction, which shall touch, concern and run with the land and which limits the use of the Property in substantially the following manner: ~'No portion of the Property shall be used for the sale, display, lease or distribution of lumber, hardware items, plumbing supplies, electrical supplies, paint, wallpaper and wallcoverings, hard and soft flooring (including~ without limitation, tile, wood flooring, rugs and carpeting), interior design services, kitchens or bathrooms or components thereof (including, without limitation, rubs, sinks, faucets, mirrors, cabinets, showers, vanities, countertops and related hardware), indoor and outdoor lighting, window treatments (including, without limitation, draperies, curtains and blinds), cabinets, siding, ceiling fans, gardening supplies, nursery products, pool supplies, patio furniture and patio accessories, non-patio furniture (including, without limitation, home entertainment centers), kitchen . appliances (including:t without limitation, countertop small appliances and cookware), closet organizing systems, pictures or picture framing, or Christmas trees.'t' APR-04-Z00Z 10:47 FRO~REAL ESTATE LAW 7703843042 T-337 P.Oll/OIS F-909 Execution Copy April 3. 2002 9. Closing Document~. (a) Purchaser and Seller shall execute, obtain and/or deliver at the Closing the following documents (all of which shaH be appropriately and duly executed and witnessed where required): (i) the Deed, in form acceptable to Seller and Purchaser, and the title insurer insuring Purchaser's title to the Property; (ii) a Non-Foreign Certificate, in form acceptable to Seller; (iii) a title) possession and lien affidavit certified to Purchaser and the title insurer in accordance with Section 627.7842, Florida Statutes; (iv) such evidence as the title insurer shall reasonably require as to the authority of the parties acting on behalf of Seller to enter into this Agreement and to discharge the obligations of Seller pursuant hereto; (v) a closing statement which sets forth the distribution of the Purchase Price and other funds; (vi) Affidavit of Seller Regarding Brokers; and ( (vii) Affidavit of Purchaser Regarding Brokers. (b) Whenever practicable all prepared documents shall be submitted to Seller and Purchaser for review and approval at least thirty (30) days prior to the closing. Seller and Purchaser will approve or provide reasonable comments to all closing documentation to be provided under this Agreement as soon as practicable after receipt. 10. Condemnation and Risk of Loss. (a) In the event that at any time between the making of this Agreement and Closing, all or a material portion of the PropertY is condemned by any legally constituted authority for any public use or pmpose, then Purchaser may elect to either: (a) terminate this Agreernent, in which event neither Purchaser nor Seller shall have any further liabilities, obligations Or rights hereunder except as otherwise set forth herein, or (b) have the terms of this Agreement remain in full force and effect and binding on the parties hereto. In the event of a condenmation in which Purchaser does not elect to terminate this Agreement pursuant to the foregoing tenns, then the term "Property" as used herein shall thereafter refer to the Property less and except any portion thereof taken by such condemnation. i '. (b) Seller assumes all risk of loss or damage to the Property prior to , ' . ..", .. ,.'." ~ ., l, , . . ~, . ,; '. ~., I . . . . ' I APR-04-2002 10:48 FRO~REAL ESTATE LAW 7703843042 T-337 P.01Z/018 F-909 Execution Copy April 3, 2002 the date of closing and covenants that the Property shall be transferred and conveyed to Purchaser in the same or essentially the same condition as of the date of Seller's execution of this Agreement, ordinary wear and tear excepted. In the event that between the date of this Agreement is executed by Seller and the date of closing, the condition of the improvements on the Property, as such improvements existed on the date this Agreement is executed by Seller, is altered by an act of God or other natural force beyond the control of Seller or by fire or other casualty, in excess of Two Hundred-Fifty Thousand and DOll 00 Dollars ($250,000), Purchaser shall not have the right to terminate its obligations under this Agreement by reason thereof, however, the Purchase Price shall be reduced by One Hundred-Fifty Thousand and 00/100 Dollars ($150,000) at closing. It. Agreement Not Assignable. This Agreement may not be assigned or transferred by either party prior written consent of the other party. 12. IS'otices. All notices, requests, demands or other corrununications hereunder shall be in writing and shall be delivered by personal delivery, overnight mail or delivery service, facsimile, or United States registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to Seller: Home Depot U.S.A., Inc. 2455 Paces Feny Road Atlanta, Georgia 30339 Attention: W. Keith Valentine Telephone Number: (770).384-2740 Facsimile Number: (770) 384-2917 With a copy to: Home Depot U.s.A., Inc. 2455 Paces Feny Road, NW Building C, 20th Floor Atlanta, Georgia 30339 Attention: Jeff A. Israel~ Esq. Telephone Number: (770)384-2908 Facsimile Nwnber: (770) 384-3042 With a copy to: Alston & Bird LLP One Atlantic Center 1201 West Peachtree Street Atlanta, Georgia 30309 Attention: Daniel R. Weede Telephone Number: (404) 881-7529 Facsimile Number: (404) 881-7777 If to Purchaser: The City of Clearwater Municipal Services Building, 100 South Myrtle Avenue . ~ . ~ . ~, I ~...' .' .... -I . ~ ~',' , , APR-04-Z00Z 10:48 FROM-REAL ESTATE LAW 7703843042 T-337 P.OI3/018 F-909 Execl/tion Copy April 3, 1002 Clearwater, Florida 33756 Attention: Kevin Dunbar, Director of Parks Telephone Number: (727) 562-4800 Facsimile Number: (727) 562-4825 With a copy to: The City of Clearwater 112 South Osceola Avenue Clearwater, Florida 33756 Attention: Pamela Akin, City Attorney Telephone Number: (727) 562-4020 Facsimile Number: (727) 562-4021 With a copy to: Bryant, Miller and Olive, P.A. 201 South Monroe Street, Suite 500 Tallahassee, Florida 32301 Attention: Mark G. Lawson Telephone Number: (850) 222-8611 Facsimile Number: (850) 222-8969 or to such other address as any party may from time to time designate by notice in writing to the other parties. Any such notice, request, demand or communication shall be deemed to have been given on the date of mailing. The refusal to accept delivery by any party or the inability to deliver any communication because of a changed address of which no notice has been given in accordance with this Section shall constitute delivery. 14. Legal Fees. In the event legal action is instinlted by any of the parties to enforce the terms of this Agreement or arising out of the execution of this Agreement, the prevailing party will be entitled to receive from the other party its reasonable attorneys' fees and court costs actually incurred (without regard to statutory interpretation). 13. . Amendment. Neither this Agreement nor any provision hereof may be changed, amended, modified, waived or discharged orally or by any course of dealing, but only by an instrument in writing signed by the party against which enforcement of the change, amendment, modification, waiver or disch~ge is sought. 15. .~. Purchaser and Seller hereby represent each to the other that they have not discussed this Agreement or the subject matter hereof with, and haye not engaged in any fashion or any connection with this transaction the services ot any real estate broker, agent, or salesman, so as to create any legal right in any such broker, agent, or salesman to claim a real estate conunission or similar fee with respect to the conveyance of the Property or the other transactions contemplated by this Agreement. Seller and Purchaser hereby agree to indemnify, to the extent permitted by law, and hold the other hannless from and against any and all claims (including, without limitation, court costs and reasonable attorneys' fees actually incurred in connection with any such <:~~:..' ..<;" <; '" f',""'" ...~-"J. '.,',f", ',',";'. . ..l~<. ",1,/ ,'J' " ," ,.'< ,f,'. I~. '" '"<',, . . t." .:' .'j'~' ....' APR-D4-2D02 10:48 FROM-REAL ESTATE LAW 77038430~2 T-337 P.OI4/DI8 F-909 Exec//lian Copy April 3. 2002 claims) for any real estate coulmissions or similar fees arising out of or in any way connected with any breach of the foregoing representation. 16. Default. In the event the purchase and sale is not consummated because of the inability, failure or refusal, for whatever reason whatsoever, by Seller to convey the Property in accordance with the terms and conditions provided herein, Purchaser, as its sole and exclusive remedy, shall be entitled to either (a) terminate this Agreement by giving written notice to Seller, in which event the parties shall have no further rights or obligations hereunder, except for those which expressly survive any such termination, or (b) seek specific performance of Seller's obligations hereunder. In the event of a default by Purchaser hereunder, Purchaser shall have ten (10) days after written notice from the Seller to cure the default Upon Purchaser's failure to timely cure an event of default by Purchaser hereunder and written demand by Seller given after any cure period, Escrow Agent shall deliver the Earnest Money to Seller and Seller shall be entitled, at its sole and exclusive remedy, to retain the Earnest Money as full liquidated damages for such default of Purchaser, whereupon this Agreement shall terminate and the parties shall have no further rights or obligations hereunder, except for those which expressly survive any such termination. Seller and Purchaser acknowledge and agree that Seller's damages in the event of a default by Purchaser hereunder would be difficult to ascertain and that the Earnest Money represents a fair estimate of such damages, and is not intended as a penalty. 17. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance with tbe laws of the State of Florida. The parties to this Agreement expressly consent to the jurisdiction of and agree to suit in any court of general jurisdiction in the State of Florida, whether state, local or federal, and further agree that venue shall lie in Pinellas County, Florida. 18. Waiver. Failure of either Purchaser or Seller to exercise any right given hereunder or to insist upon strict compliance with. regard to any term, condition or covenant specified herein, shall not constitute a waiver of Purchaser's or Seller's right to exercise such right or to demand strict compliance with any term, condition or covenant under this Agreement. 19. Counterparts. This Agreement may be executed in several counterparts, each of which may be deemed an original, and aU of such counterparts together shall constitute one and the same Agreement (a party may execute a copy of this Agreement and deliver it by facsimile transmission" provided however, that any such party shall promptly deliver an original signed copy of this Agreement). 20. Captions. All captions, headings, paragraph and subparagraph numbers and letters are solely for reference purposes and shall not be deemed to be supplementing, limiting, or otherwise varying the text of this Agreetnent. 21. Severability. The invalidity or Wlenforceability of a particular provision ~PR-04-2002 10:49 FROM-REAL ESTATE LAW 7703843042 T-33T P,015/018 F-909 Execution Copy April 3, 2002 of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provision were omitted. 22. Entire Agreement. Time is of the essence of this Agreement. This Agreement constitutes the sole and entire agreement of the parties and is binding upon Seller and Purchaser) their heirs, successors, legal representatives and assigns. 23. Date for Performance. If the time period by which any right, option or election provided under this Agreement must be exercised, or by which any act required hereunder must be performed, or by which the Closing must be held, expires on a Saturday, Sunday or legal or bank holiday, then such time period shall be automatically extended through the close of business on the next regularly scheduled business day. 24. Date Q{ Agreement. The submission of this Agreement to Purchaser for examination or consideration does not constitute an offer to sell the Property, and this Agreement shall become effective, if at all, only upon the full execution and delivery thereof by Purchaser and Seller. The "Effective Date" of this Agreement shall be the date upon which this Agreement has been executed by both Purchaser and Seller. [signatures begin on following page] ..' . . . '. ,'.' ;, . APR-D4-2002 10:49 FROM-REAL ESTATE LAW 7703843042 T-337 P.OIS/OIS F-909 Exec/irion Copy April 3, 2002 IN WITNESS WHEREOF~ the City of Clearwater, Florida, and Home Depot U.S.A., Inc. have caused this Purchase and Sale Agreement to be executed as of this day of April, 2002. CITY OF CLEARWATE~ FLORIDA, a .municipal corporation of the State of Florida Countersigned: Brian 1. Aungst Mayor-Commissioner William B. Home, II City Manager Approved as to form: Attest: Assistant City Attorney Cynthia E. Goudeau City Clerk ..' Purchaser's Federal Taxpayer Identification Number: \" .~n,',....t>.<,I' " .,,, ....-- "\ APR-04-200Z 10:49 FROM-REAL ESTATE LAW 7703843042 T-337 P,OlT/018 F-909 Execution Copy April 3. 2002 IN WITNESS WHEREOF, the City of Clearwater, Florida, and Home Depot U.S.A., Inc. have caused this Purchase and Sale Agreement to be executed as of this I i\.._1 ,(/J!Ji day of April, 2002. \f' 'fV HOME DEPOT U.S.A., INC., a Delaware corporation ~~ Jeff Israel Senior Corporate Counsel. Real Estate (CORPORATE SEAL) APR 0 4. ZIlOZ By:_ Name: Title: Seller's Federal Taxpayer Identification Number: 58-1853319 .,..~.....-- ~ -.~......... , ... ' ,I . "'" ~., . ,,:.,0 o-J' hl",...J' 1'\ I:' v.......''''''' ""'...... .., .)~ ~ ...'.... '\ '" ~ .~.: '1'(;.1'\ 0'...... ~ ~ %'-;; ....~t.:,...... ..~~ '. ~9~ P.~ .: ~. ~ 11_- · .1 ,.: AL ~ IJ. ~ ~ SE ::J ~ -.. ..: :1 e -. ... p ~'"1I ..- n 9~ .,,,,~,,,,,.,,..' r, r::' "'I\. C' ,. . ,,. .-C- '~l\ 1:" '1''''..' ......... ,~ -,! .~....- It.,.;..~.,:.::.~:- \ " APR-04-2002 10:49 FROM-REAL ESTATE LAW 7703843042 T-337 P.018/018 F-909 Execution Copy April 3. 2002 EXHIBIT A Lot 1, TIlE CLEARWATER COLLECTION SECOND REPLAT, according to the plat thereof recorded in Plat Book 107, pages 24 and 25, Public Records of Pinellas County, Florida. TOGETHER WITfI rights of ingress and egress as reserved in Warranty Deed recorded in Official Records Book 1479, page 95, Public Records of Pinellas County, Florida. TOGETHER WITH non-exclusive easements for ingress and egress, the passage and parking of vehicles, the passage and accommodation of pedestrians, separate and common utility lines, construction, reconstruction, development, erection, removal and maintenance of building components and other matters over, on and under the land described in, and all as more particularly created, defined, located and limited in: (1) that certain Operation and Reciprocal Easement Agreement recorded in Official Records book 64403 page 2013; (2) Amendment to and Ratification of Operation and Reciprocal Easement agreement recorded in Official Records Book 6735, page 217; (3) Third Amendment to an Operation and Reciprocal Easement agreement recorded in Official Records Book 6921, page 129; (4) unrecorded Third Amendment dated July 17, 1990, as referred to in the Fourth Amendment to an Operation and Reciprocal Easement Agreement recorded in Official Records Book 7541, page 849 which was re-recorded in Official Records Book 7561, page 2125; (5) Fourth Amendment to an Operation and Reciprocal Easement Agreement recorded in Official Records Book 1541, pa.ge 849 which was re-recorded in Official Records Book 7561, page 2125; and (6) Fifth Amendment to Operation and Reciprocal Easement Agreement recorded in Official Records Book 9664, page 451, Public Records of Pin ell as County, Florida; TOGETHER WITH non-exclusive easement rights as granted by Parking and Driveway Easement recorded in Official Records Book 6440, page 2002, as amended by Amended Parking and Driveway Easement recorded in Official Records Book 6735, page 212, Public Records of Pine lIas County, Florida. TOGETHER WITH a non-exclusive easement as described in that certain Drainage Easement Agreement recorded in Official Records Book 6618, page 2190, Public Records of Pin ell as County, Florida. LESS AND EXCEPT those portions of the above easement properties which lie within the properties taken, in fee simple, designated as Parcels 111 and 123 by Eminent Domain Suit No. 99-496S-CI, as evidenced by that Lis Pendens recorded in Official Records Book 105983 page 2406~ Stipulated Order of Taking & Final Judgment recorded in Official Records Book 10714, page 617; and stipulated Order of Taking and final Judgment recorded in Official Records Book 10714, page 620; Stipulated Order of ATL01'll11SS8Ivl . ~. .' '.' . b',' . " . <' < . ' . , '. ..! . '.. ".t . , . , '. . . . APR-D4-~OD2 11 :38 FROM-REAL ESTATE LAW 7703843042 T-339 P003/D03 F-914 Execution Copy April 3, 2002 .-..... Taking and Panial Final Judgment recorded in Official Records Book 10714, page 624; Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10714, page 628; Order of Taking recorded in Official Records Book 10741, page 2041; Stipulated Final Judgment recorded in Official Records Book 11611, page 1495 and Amended Order of Taking and Stipulated Final Judgment recorded in Official Records Book 11704, page 1408, Public Records of Pine lIas County, Florida. LESS AND EXCEPT those portions of the above easement properties which lie within the properties taken, in fee simple, designated as Parcel 119 by Eminent Domain Suit No. 99-5089-CI, as evidenced by that Lis Pendens recorded in Official Records Book 10604, page 2207; Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10662, page 353 and Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10874, page 2276, Public Records of Pinellas County, Florida. ....---.... LESS AND EXCEPT that portion of said Lot 1 taken, in fee simple, designated as PARCEL 120 by Eminent Domain Suit No. 99-4965-CI, as evidenced by that Lis Pendens recorded in Official Records Book 10598, page 2406; Stipulated Order of Taking & Final Judgment recorded in Official Records Book 10714, page 617; and Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10714, page 620; Stipulated Order of Taking and Partial Final Judgment recorded in Official Records Book 10714) page 624; Stipulated Order of Taking and Final Judgment recorded in Official Records Book 10714, page 628; Order of Taking recorded in Official Records Book 10741, page 2041; Stipulated Final Judgment recorded in Official Records Book 11611, page 1495 and Amended Order of Taking and Stipulated Final Judgment recorded in Official Records Book 11704, page 1408, Public Records of Pinellas County. !81 . , r8J ..--- ATL01/l1175S81vl RE.CE\\fEO ~~\l. () 1\ ?~~? C\Ti C\.e?I( \)EP(>.t\\,,^e~\ ,;-- ~/ - Q ;Z ..., '. . . ITE # '..' . , : .. .. . ,. ~/ro 7 !! . ' . -- . ~ ", '... . ;;. ~ .' ., . . .'., . . . I ..' .. .. . ' APPOINTMENT WORKSHEET C\k ~ LJl{- FOR COMMISSION MEETING April 4, 2002 ITEM# BOARD: Parks and Recreation Board TERM: 4 years APPOINTED BY: City Commission RESIDENCY REQUIREMENT: City of Clearwater FINANCIAL DISCLOSURE: Not Required SPECIAL QUALIFICATIONS: None MEMBERS: 7 CHAIRPERSON: Sarah Wiand MEETING DATES: 4th Mon., 6:30 pm PLACE: APPTS. NEEDED: 2 DATE APPTS. TO BE MADE: 4/30/02 THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Name Date of Original Appointment Attendance Record Interest in reappointment 1 . Stephen Swanberg 2. Sarah Wiand 1998 1998 2 Absences(2001) 3 Absences(2001) Yes Yes THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Comments-Related Experience, Etc. 1. Deloris Bell 1356 Terrace Road, 33755 Retired Family Education Specialist & Teacher 2. Jim Ficken 1608 N. Osceola Ave., 33755 real estate investor 3. Milton A. "AI" Galbraith, Jr. 3180 San Mateo St., 33759 Attorney 4. William Kirbas 34 Bohenia Cir., N., 33767 past member of this board Financial Advisor Zipcodes of current members on board: 1 at 33755 2 at 33756 1 at 33764 1 at 33765 1 at 33767 1 vacant CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name:~~200s B&~L Home Addreys: _ ;:,. ~ }3fJrwJj;~~ z~~ Telephone: f( )3 'f(a/ -( 0/.2- How long a resident ,?f Clearwater? 3 g' ~ ' Occupation:-fe--tJ r~j Employer: Field of Education: Other Work Experience: Office Address: Zip Telephone: If retired, former occupation: .- Community Activities: BPi. preferen~, I t{s t lj'fUltN)/(/~d~ Other Interests: Board Service (current and past): Additional Comments: f Signed. Date: C3;z.~/12 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112S.0sceolaAvenue RECEI'TED MAR 31 1998 ~ I~s 00 - Kaf' Ov;\ /'IS 1-. · ',) 1 0 I - VJLJL~ Lt~.e, C.Ol'\,k~l,\..Q.d1 U~ i I Lf ().3 - y, I ( , I G~TY GLERK DEP""f- . . BOARD QUESnONNAIRE 1. What's your understanding of the board's duties and responsibilities? .J! I-L,~ k (M.l ~ frt/ ~'f~ 1hL_._ . f~j~'~'2~lb-rrM~ 2. Have you ever observed a board meeting either in person or on C-View, the City' ~ TV st ion 7 -/~. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? ~ ~ ~ MLt. /ULtf ttil ~_D'~ . ,,'''' r;-.v t',~ I'.:C,"(! pi:: ~'t ~ f ,.. ,... ~~... J .. '. \,.."r;., ., 4. Why do you want to serve on this Board? ~ Name~~~_ y3df Board Name:fJ~ ~I ~ 'iffi C ETVE D MAF< 31 1998 . e , ' . ., "'. : . .~ . ~ . : . I I' , ,'. , '.' I . '. " -41". ' . . "" ". ", , ;, I , " . . ,\ -, ~ '.. CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater resident) ff:? ~ t'r~ 'fi::<1 .' ',.' .fI.ra; l( ~r]fjJ ]f) ,~ f: B j) 3 I~("'- .. "IR .1; . Name ..J I YvJ Fl~Gk.eV1 Home Address: Office Address: ." '. r 1,.. V' ,~.'. ~ ,. . ..,'IJ..!'fC'I.... .'..~ ''tn, (Ji.,:.;':;;-r' , . /6of! N. Os:cec~..:. ~(eC( hJJ~1.e. V- ZIP: 3'3755 Telephone 4- 6 f - ? 9 9' 9' Telephone ZIP: How Long a resident of the City of Clearwater? 4- y~ rr Occupation r.JZct' eS fq~ ; Y1U~~ Employer S:e \.11 Field of Education: Other Work Experience: p~) :Z:S, J;~)~€ I Co..,,,,,, erl'CQ I M l4s " C I J oUr~.. {iJ"" spc.r~ -r.eI't.r.e../l..1 ,.,O....~Q,2. I~~~, tbraot{('Qf'1 r~f~rt&"1 ;t\v.f!.31fNt~ f Wlji. If retired, former occupation Community Activites: L 0 , 1(9: C(-I-e - ~1}7rf\Wtu.,-q,1 (ru.4Y1~(1 ~ ha;rmqh Other Interests: 5fXU-iql .eve",1r proJ...~:f-I\o'" ~pro~~..J..I"O", t c),,; ( r;,J.is. Board Service (current and past) Board Preference: &(c;s +- RecreCtn't!:>Vf Additional Comments: ~ h€QcVl Signed: ~ 12- ~. /' i$- -I: h... Ie e Y +D ell? C( r u J q, ft..-r Date: \ 130lcr B Please see attached list for Boards that require Financial Disclosure at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618. . . j~' JOI L Pet") \J\..~]\..ll\Jl.tL OOY\.{..U\.~ L~~ ~ I -.V I I If , ILIJc~ ( P~I~./ ' .' . : -' . ' , ' ... ''-.' '" " ,I . I " ~ ,.k ..' M . . - . . "< ~.' , , J......' ! f,' , '. ' . I. ~ ....J ,":' I'! \\. . . ",.,' . ", I ,"" . .' .. . ' I~) ," .', '.; " '. " '..'...' " :. ~. .:: . CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Mil ton A. "AI" Gal brai th, Jr. Home Address: 3180 San Mateo Street Office Address: P.o. Box 2842 Clearwater, FL Zip 33 7 59 st. Petersburg, FL Zip 33731 Telephone: 725-3828 How long a resident of Clearwater? 1955-1969; 1985-present Occupation: Attorney (assistant city atty.) Field of Education: Telephone: 893-7056 B.A., Florida State University; J.D., FSU College of Law Employer: City of st. Petersburg Other Work Experience: City of Boca Raton, Clearwater, City of City of Lake Worth, private practice, Palm Beach and If retired, former occupation: Pinellas Counties Community Activities: First Uni ted Methodist Church, Clearwater: youth activities (e.g. band boosters) while children were In school Other Interests: Board Service (current and past): Board Preference: Parks & Recreation Board Additional Comments: Signed: Date: t - 4- ....0", See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. O. Box 4748, Clearwater. FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue ..:,;' .....:, .}.. '..,' . '.' .....1.. -:~~:!:I~'. :~', ~ ...._.1. l ,.', ". .., ~ .. . . .,' , ' . '.' BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? To serve in an advisory capacity with respect to the condition, maintenance, improvement and beautification of the City's public parks, playgrounds, beaches, and athletic fields. . 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Not this particular board. I have attended meetings of a variety of municipal boards and I am familiar with the proper conduct of business before such boards. I would bring no "agenda" to this Board. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I am the father of four active young people who made good use of the City's soccer, tennis, and softball and baseball fields. I am a long-time resident of the City who enjoyed using City parks and recreation facilities years ago. Also, I am or have been an employee of four Florida cities in two counties during my career. I believe I have a good insight into the proper maintenance and improvement of parks and recreation facilities, which provide some of the most important services any city can provide its residents, 4. Why do you want to serve on this Board? To make a positive contribution to the City in which I grew up and worked. . Name: Milton A. uAI" Galbraith, Jr~Oard Name: Parks and Recreation Board ". I"...... \ , . .. I"., . f, . .. .~, . . '. . '. . I.,'.' . , ~ t I I . t ~ .' . 'I 4 CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS (must be Clearwater resident) Name: Home Address: WTT.T.T~M P l{TR'R~~ Office Address: 100 34 Bohenia Circle North Clearwater, Florida' Zip 33767 Telephone: 446-4870 How long a resident of Clearwater? Occupation: Financial Advisor Field of Education: Telephone: 18 ypi'lrs Employer: Am~n Express Other Work Experience: 'R~-\-1 r~d Associate degree, engineering Maqnetics enqineer B.S. degree, physics & mathematics M.B.A. degree, finance & marketinq Plrlnt MrlnrlCJpr General Manaaer If retired, former occupation: n/a Bus i ness owner Community Activities: Director, ,Tolley Tro11py, n;rpC't.or !:., VP f'lprlrwrlb:>r Beach Association Other Interests: Woodworkinq and mechanics Board Service (current and past): Parks & Recreation Board Preference: Community Development Board Parks & Recreation Board Additional Comments: Signed: . . ;:Z)~ Date: April 13, 1999 See attached list for boards that require Financial Disclosure at time of appointment. Please return this application & board questionnaire for each board listed to: City Clerk's Department, P. 0, Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd Floor, 112 S. Osceola Avenue f~l f.':(l ((~ 'lf1~ Jf'.t lFi13 '" l . ... ) J__ " . . --' .- ,hlo I - ~ f d AJ ho-te, \ \ <;,{f \ 1'~lo'). _ "I , . II ., ~\PR L u 1995J r~ t-~ V' ''''', I'-"~!" 1..,,.-, )..... ".' I I ~\...~. ~~ ~ -,. ,\ 1J ;~::t' ( r- .~I- ... - ~. . , '. '. " , ' (," . , ,'. I .' . /' . ,. . . f '. I. '. BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The ~oard assists t~e Par~s & Rae. staff in evaluating current facilities and activitjes and r~co~mending improvements and capital expansion for parks and recreation facilities to the City Commission. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? A number of times including a four year term as a member of the Par~s an~ Recreation Advisory Board. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? My prior experience on t~is ~oard provi~es me wit~ a thorough appreciation of the board's purpose and responsibility. I have a keen interest in athletics and recreation by way of my oarticipation. I have a sound ~ackground in finance that could help in prior- itizin~ 2valuatec nro;ects. _ L J 4. Why do you want to serve on this Board? l'e li~2 to continue wor~ing toward the objectives set d . .... l' th 1 ~ R t . ,urlna my preVIous ~erm In ma.:lnq .8 par~s anu ,ecrea Ion Departm2nt the finest in tha State of Florida and its faciliti~s and ~roqrams s8con~ to none that we would ~e prouc1 of. Name: William p. Kirbas Board Name: Pa rl.::s .. '\r:'~ "bl' .' . "'\ \I~ " . ,q; f~:: (~ ~~.,.l V ,_.J " ano RecreatIon - " 1~ '..()go ~\P r<- L v \.~J,' ::1 .. ...... 1.1 r1\';: t'.",. . -.. 'It' r · '..- \ ('< r.. ..... \1"" . ( .; 1 , ....lI......\o._1. ,. .. ,.. \ . ." I. . ," " ~.. \ ' '...,' . . ; , ,~ . J . ,. . f ~. ~ . . i ': ' . >. . . '" .' . I BOARD QUESTIONNAIRE 1. What is your understanding of the board's duties and responsibilities? The board is a comprehensive administrative board that has assumed reponsibilty of prior multiple board activities involving zoning and land use, development code. adj ust- ments, design review and planning. It is this board's obligation to conduct public hearings relating to petitions brought before the board by residents and interested parties. 2. Have you ever observed a board meeting either in person or on C-View, the City's TV station? Many times as well as serving on the Parks and Recreation Advisory Board for four years. 3. What background and/or qualifications do you have that you feel would qualify you to serve on this Board? I have the academie~ background and work experience to qualify me in rendering fair and sound judgment regarding matters of, development brought before the board. I have engineering and financial training that would assist me in comprehending and evaluating matters under discussion. 4. Why do you want to serve on this Board? I have been a resident of Clearwater for over 18 years. I've addressed the city commission and various boards relating to codes, planninq and zoninq. I'm more than familiar with the affairs of the City, past and present. I'm interested in enhancing tha quality of life for our Name: residents and I would offer my advice to achieve it. Board Name: commnniR ~~~H~Jm~rTI William P. Kirbas · : 'IC)OO \ .'~ L '. \) '.. '~I .' ..' '..0"<1--':.'[ " . ... . . I I '\ ,-, ) t~ I- . .' 1 't ., ." h.. ~ ,4 . . -