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04/04/1996r: << ;- ; y - �. ��., , . : : _ , _ : {y . . .. - . . . . ' ' � . . ' . ' .. �� • / � � � _ � � ... � � f #s i �, ; ;; ,1 • s • ... �. � note: 4-1-96 Preliminary (Worksession) Agenda and paperwork that was in package rnitially but then not continued onto Thursda�'s agenda is at the back of this agenda pack. ..�" - � , ACTlON AGENDA - CLEAf�WATER CITY COMMISSICJN MEETING Thursday, Aprif 4, 1996 - 6:00 P.M. - Chambers Welcome. We are glad to have you join us. 1f you wish to speak piease wait to be recognized, then state your name and addres�t Persons speaking before the City Cornrnission on other than Public Hearing items shalf be limited to 3 minutes. No person sha11 speak more than once on the same subject unfess granted permission by the City Cornrnission. ANY PERSON WITH A DISABILITY REaUIRING REASONABLE ACCC?MMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 813/462-6684. 1 . lnvocation 2. Pledge of Allegiance Farewell Commissioners Berfield & Thornas �aths administered to Mayor Garvey & Commissioners-elect Karen Seel & Ed Hooper 3. Service Awards 4. Introductions and Awards 5. Presentations: a) Sailing Center Business Plan 6. Approval of Minutes - Regular Meeting 3/21 /96 7. Citizens to be heard re iterns not on the Agenda 1. Deacon Albert Tibbetts, St. Cecelia's Catholic Church. 2, Mayor. Appreciation & Gifts presented. Oaths administered. 3. None. 4. Proclamation: Arbor Day - 4/27/96 5. a) Update received. 6. Approved as submitted. Nathaniel Golden expressed concern re problems associated with small sized lots in South Clearwater. �cf�,q..las Fritch, of the Sand Key Civic Association, welcomed new Comrnissioners, congratulated the Mayor's reelection, and thanked outgoing Commissioners. He complimented Sailing Center staff and acknowledged Parks & Recreation efforts to beautify Clearwater Pass Bridge. PUBLIC HEARINGS All individuals speaking on public hearing items wilf be sworn-in. Not Before 6:00 P.M. Administrative public hearings: - Presentation of issues by City staff. - Statement of case by appficant or representative (5 minutesl. - Commission q�estions. - Comments in support and in opposition (3 minutes per speaker). - Commission questions. - Final rebuttal by appficant or representative (5 minutes). - Commission disposition 8. Public Hearing - Res. #96-26 - authorizing the 8. Approved. Res. #96-26 adopted. placement ofi liens on properties for unpaid utility bills IFN) 4/4/96 � 9. (Cont, from 3/21 /96) Public Hearing - Approve City's request to vacate that portion of the north/south alley lying West of Lots 3- 6 and East of Lots 7-10 in Blk 3, Pine Crest Sub., and deny request to vacate the alley West of Lots 1& 2 and East of Lots 1 1& 12 (City, V96-03B) (EN) 10. Public Hearing - Declare surplus for the purpose of granting a Distribution Easement (DE� to Florida Power Corp., Sec. 29-28-16, M&B 22.04, a/k/a Countryside Community Park, and the�eupon approve grant of DE to Florida Pov��er (EN) 1 1. Public Hearing - Dectare surptus for the purpose of selling city-owned property, Island Estates of Clearwater, Unit 5, Blk D, Lot 7; authorize it be offered by advertised bid for the price of not less than 5213,50(3 (ENf 12. Public Hearing & First Reading Ords. #6009- 96 & #6010-96 - Annexation & RS-8 Zoning for pr�perty located at 1330 Parkwood St., Pine Ridge Sub., Blk A, Lot 18 (Andrew J. & Sherry L. Labus, A96-1 O) 13. Public Hearing & First Reading Ords. #6011- 96 &#6012-96 - Annexation & IL Zoning for property located at 1231 N. Hercules Ave., Sec. 12-29-15, M&B 13.06 (Daniel M. & Annette Macre, A96-1 1 ) 9. Continued to 4/18/96. 10, Declared surplus & granted easement. 11, Withdrawn. 12. Approved. Ords. #6009-96 & #6010-96 passad 1 st reading. 13. Approved. Ords. #6011-96 & #6012-96 passed 1 st reading. Public Hearing - Second Reading Ordinances 14. Ord. #5908-95 - Amending/Creating Secs. 42.26i6) to allow fences enclosing swimming pools up to 4' high within waterfront setback areas and street r-o-w setback areas (LDCA95-16) 15. Ord. #5970-96 - Amending Sec. 4�2.21 , to � provide for irnproved clarity concerning the application of landscaping and parking standards for nonconformities (LDCA95-24� 16. Ord. #5993-96 - Annexation for property located at 1920 Soule Rd;, Sec. 5-29-16, M&B 24.05 & Robinwood Sub., Blk B, Lots 2 & 3(dePaul School for Dyslexia, Inc., A96- 041 4I419 6 2 14. Ord. #5908-95 adopted. 15. Ord. #5970-96 adopted. 16. Ord. #5993-96 adopted. 17. Ord. #5994-96 - Ol. Zoning for property located at 1920 Soule Rd., Sec. 5-29-16, M&B 24.05 & Robinwood Sub., Blk B, Lots 2 & 3(dePau! Schooi for Dyslexia, Inc., A96- 04� 1 S. Ord. #5995-96 - Annexation for property (ocated at 1933 S�smmit Dr., Skyiine Groves Sub., Lot 93 (Richard K. & Wanda J. Graharn, A96-06) 19. Ord. #5996-96 - RS-8 Zoning for property located at 1 933 Summit Dr., Skyline Groves Sub., Lot 93 f Richard K. & Wanda J. Graham, A96-06) 20. Ord. #5997-96 - Annexation for property located on the N& S corridor of Landmark Dr., Parcel #1 - Deliwood Heights Sub., Bik A, Lots 1& 2 together with abutting r-o-w to W of Lot 1, Parcei ##2 - Sec. 9-29-16, M&B 23.021 (City, A9fi-07) 21, Ord. #5998-96 - OL Zoning (Parcel #1), IL Zoning (Parcel #2) for property located on the N& S corridor of Landmark Dr., Parcel #1 - Dellwood Heights Sub., Blk A, Lots 1& 2 together with abutting r-o-w to W of Lot 1, Parcel #2 - Sec. 9-29-16, M&B 23.021 (City, A96-07) 22, Ord. #5999-96 - Annexation for property located at 1701 N. Hercules Ave., Sec. 12- 29-15, part of M&6 12.011 (City, A96-091 23. Ord. #6000-96 - IL Zoning for property located at 1701 N. Hercules Ave., Sec. 12- 29-15, part of M&B 12.011 (City, A96-09) 24. 4rd. #6001-96 - Vacating north/south alley lying between Lots 11, 12, 13, the S 1/2 of Lot 14 and Lots 2, 3, 4, and S 1/2 Lot 1, E. A. Marshall's Sub. (Discount Auto, V96-02) 25. Ord. #6007-96 - Amending Sec. 2.528 to impose a service fee of S20 or 5% of the face amount, whichever is greater, for the collection of a dishonored check, draft or money order 26. Ord. #6008-96 - Vacating W 5' of 10' Drainage & Utility Easement lying along E side of Lot 90, Woodgate of Countryside Unit Two (Hawtey, V96-04) 4/4196 3 17. Ord. #5994-96 adopted. 18. Ord. #5995-96 adopted. 19. Ord. #5996-96 adoptec�. 20. Ord. #5997-96 adopted. 21. Ord. #5998-96 adopted. 22. Ord. #5999-96 adopted. 23. Ord. #6000-96 adopted. 24. Continued to 4/18/96. 25. Ord. #6007-96 adopted. 26. Ord. #6U08-96 adopted. � , F � � � CITY MANAGER REPORTS CONSENT AGENDA (Items #27-37) - Approved as subrnitted. ihe following iterns require no forma{ pubfic hearinq and are subject to being approved in a singie rnotion. However, any City Commissioner or the City Manager may remove an itern from the Consent Agenda to a11ow discussion and voting on the item individuaily. 27, Agreemsnt with f'ineilas County to govern termination of water services for non-payment of sewer service charye (FN) 28. Confirm a 20 yaar interruptit�ie Transportation Service Agreement with Florida Gas Transmission, Houston, TX, providing for transportation of natural gas on an interruptible basis to the gate stations (GAS) 29. Approve Clearwater Gas System's continued participation with the Florida Municipal Natural Gas Association (FMNGA? in the joint municip�l representation of Federal and State regulatory issues through use of legal counsels based in Washington, D.C. and Tallahassee, FL, and pay related annual FMNGA shared expenses (4/5/96-4/4/97), at an est. $60,000 (GAS) 30. Authorize addition of one Tradesworker I position for the Building & Maintenance Division to assume tasks & duties of the outsourced heating, ventilating & air conditioning filter replacernent program which is no longer cost effective to privatize (GS) 31 . Contract for Finance System software support & mainter�ance to Ross Systems, Redwood City, CA, for the period 7/1/96-6/30/97, for 545,731 .58 (IM) 32. Conditional Assignrnent of L.ease for the Marina Restaurant frorn Edward M. Metallo & Ursula M. Metallo, d/b/a Marina Restaurant to Thornas C. Wolkowsky & Patricia A. Wolkowsky, d/b/a Marina Restaurant 4MR) 33. Purchase of polymer from Leahchern Industries, Inc., Titusville, FL, for the per•iod 4/18/96- 4/17/99, for an est. 5339,000 (ENI 34. License Agreement with PCS PrirneCo, L.P., a Delaware Limited Partnership, licensing to its non- exclusive use City comrnunications towers at 3290 SR580 and 1400 Young Street, and the North Water Tank at 1751 Kings Highway, for the purpose of installing & operating Personal Communications Systerns (PCS) equiprnent for an initial 5 year term, with option to autornatically extend for 4 additional terms of 5 years each, �anless the City is timely notified to the contrary, providing for initial year lump sum annual rent payment of $37,800 payable upon the License commencement date, increasing 4% annually thereafter, due & payable in sir+gle annua{ installrnents upon each anniversary of the commencernent date {EN) 35. Ratify & Confirm C.O.#3 & Final to 1995 Gunite Restorat+on Contract to Infrastructure Services, lnc. / IS! Operat'sng Corp., Frar�klin, TN, increasing the arnount by 536,354 for a new total of $440,425 (ENI 36. Appointrnent of Cornrnissioners to various regionaf & rnisc., boards (CLK) - Garvey to: Florida League of Citi�s BOD, Emergency Medical Services Advisory Council, Mayor's Councii of Pinellas County, ex-officio to DDB, Chi Chi Youth Foundation 'Trustees, Pension Advisory Committee & St, Petersburg/Clearwater Econornic Development Councif; Johnson to: Tampa Bay Regionai Planning Counci{, Pens►.on Rdvisory Committee & Pineilas Sports Authority; Clark to: Pension Advisory Committee, Pinellas Suncoast Transit Authority & Metropofitan Pianning Organization: Seel to: Performing Arts Center & Th�ater BOD & Pinellas Planning Council; Hooper to: Jolley Trolley 4/4/96 � Transportation of Clearwater, lnc., BOD & Homeless Task Force. Aiso, Cornrnission members to rotate attending Suncoast League of Municipalities BOD meetings and when the Vice-Chair of the CRA is appointed, that person shall be the 2nd ex-officio member to the DDB 37, Approve 2nd extension of six months to requirement of City Attorney contract to rnove into Clearwater to enable selling of house before relocation (CA) = 39, .� 41. 42. OTHER ITEMS ON CITY MANAGER REPORT First Reading Ord. #6005-96 - providing for notice by certified mail, return receipt requested, or by personal service within 5 days after real property is posted (re Lot Clearing) (CRT1 Res. #96-24 - providing for redemption of Parking System Revenue Bonds, Series 1983 on 7/1 /96 iFIV) Contract for Traffic Engineering Services Field Operations Complex to Hennessy Construction Services, Corp., for $406,668.15; approve related expenditures of S 19,700, for a tota! of 5426,368.15 (EN) Harborview Caterer Contract (C�V{) Other Pending Matters 38. Approved. Ord. #6005-96 passed 1 st reading. 39. Approved. Res. #96-24 adopted. 40. Withdrawn, (to be brought back in two weeks) 41. Pulled. Set s�,ecial rneeting for 4/8/96. 42. None. CiTY ATTORNEY REPORTS 43. Other �ity Attorney ltems a) Res. #96-31 - Requesting Florida Division of Alcoholic Beverages and Tobacco to issue a speciai license for alcohol consumption on-premises only to the Harborview Center, and requesting transfer of said license to the Facility's Caterer; rescinding Res. #96-18 43. Other City Attorney Items a) Continued to 4/8/96. 44. City Manager Verbal Reports a) Legislative Update - Update received. 45. Other Commission Action Johnso�, questioned concerns re 4/8/96 Special Meeting to award Harborview catering contract. Commissioner Clark encouraged public input as the contract is of substantial size. � recommended a town meeting address proposed Landmark Drive extension. Signs will be posted in affected neighborhoods indicating issue to be addressed at 4/18I96 Comm+ssion meeting at 7:30 p.m. 4/4/96 5 _ , . .. . . . , . ' . . �'�' � t�� . Hooder thanked City Manager and staff for quick response to candidate requests. � Clark thanked staff for Harborview activity schedule. He recommended installing a Harborview � sign in near future. � Clark questioned if variance conditions were met for a Clearwater Bank building sign, Sign has � been replaced. � Clark requested the CRA address DDB/CRA interlocal agreernent. It was indicated a change � requires legislative action. � S�t�[�1C announced Downtown Market Place is held Saturday rnornings. Next Saturday in City � event scheduled for 4/20/96. 46. Adjournrnent - 8:48 p.m. ': 4/4/96 6 . .. �., _ , TO: FROM: SUBJECT; COPIES: DATE: Mayor Garvey Sally Thomas, Agenda Clerk Invocation Cynthia Goudeau, City Clerk April 4, 1996 CITY OF CLEARWATER interdepartmental Correspondence Tonight's invocation wiil be offered by Deacon Albert Tibbetts, St, Cecelia's Catholic Chur�h, 820 Jasmine Way, 34616 ■ �. , i € 3 � s � ; ��, � p AGENDi.i CE�REMONY FOR OUT-GOING CQMMLSSiONER INSTALLATION OF NEW COM2VQSSIONER Apri14, 1996 6:OQ p.m. 1. Pledge of Allegianc� 2. Invocatlon 3. Recognize out-going Commissioner Thomas. 4. Recognize out-going Commissioner Berfield and farnily. HUSBAN�D: JIM DAUGHTERS: KIlViBERLY AND CHRISTY GRANDDAUGHTER: KAITLYN S. Mayor & Commissianers to present gifts and make personal remarks: Gommissioner Tho�nas: City Attorney Pam Akin - name plate Commissioner Clark - ring City Manager Betty Deptula - caricature Commissioner Johnson - letter Commissioner Berfield - gag gift Mayor Garvey - plaque Commissioner Berfield: City l�sanager Betty Deptula - name plate and album Commissioner Johnson - ring . City Attorney Pam Aldn - caricature Commissioner Clark - letter Commissioner Thomas - gag gift Mayor Garvey - plaque 5. Remarks by out-going Commissioner Recess for Five Minutes. � 6. Installadon of new Commission�r: Ed Hooper FAMILY MEMBER: WIFE: PEGGY � �r , 0 1; �: �� 7. Installation of new Cornmissioner: Karen Seel FAMILY MEMBERS : HUSBAND: RON SONS: SCOTT A.ND �T MOTHER: ELI.IE WII.,LIAMS 8. Clerk Administers Oath of Office Recess for F'ive Niinutes; then return to regular agenda. ..�. . �., .e � . . " . . . . . . . TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the April 4, 1996 City Commission Meeting DATE: Anril4.1996 The following presentation will be made at the April 4, 1996 City Commission meeting. �OCLAMATION I�eam Wilson - ARBOR DAY 0 ; � �.' : �7earwa ter � � � � Gommu�ity �;Saili.rlg: Ce.nt�' _ BACKGROUNDER CITY OF CLEARWATER CLEARWATER COMMUNITY SAfLING CENTER 1001 GULF BC�ULEVARD CLEARWATER, FLORIDA (813) 462-6368 �� ' .H i S tD 1'1� The Clearwater Comrnunity Sailing Ct�nter w��s c�fficially opened on November 17,1991. T'he Sailing Center was establishcd to better serve the sailing cornmunity of Clearwater, take advantage of city-owned waterfront property �nd fill a void Eor an t�psc��le sailing facility� in the area. The facility was ftinded throu�h irnpact fees, recreational imp�ct fees and danations. For many ycars, boat owners and o�erators of stii��ll sail boaty of less tlld2l �O EE'Ct l�ltj IlOf hav�� a suitablc facility from �vhict� to launch and retrieve th�ir vi�ti��ts �vithin th�� citv illll 11ti n( �]��ltW .11l�T'. Operators i�f sinall S�1lI ��O��LS �+l)Illl'tlltlt�'ti lauriclled an�i rctriev�d tlleir vcs5cls off property without boat ramps. -I'hey also operated at facilities that werc not desirable or safc for IdtlI1CI11I1� and rttrievin�. �3��f�re th�� Sailing Center, teacllinK znd instructing of sailing classes was liii�ited. (.�'Ic�ssc��,. Act�rz�itic�s czrir� S��c�ciczl Ezrc��t ts TheS��ilin�,Centcrcurrtiiltlyprovidcseducationaland recreationaloppurttiiiiti��s topeo�le OE �lll ��l'S lll ttll' l'OI15tIlll'tIV�' dIIC� S�IEl' U�C Of S��ilinK cc�ui�rnent c7I1(1 IIOIl-Itl(1tOC1'LE'C� CYclft Uf It'SS ftl�lil �u tl't't. r�1�' Sd1IlI1� Cl'lltl'I'tti O�.�l'Il t0 ��11' �Oaf1I1� �.lU�I1C Sl'�'CIl C�ays a wc.�ek froit� 5:00 ani unti[ �:3U pin, The l.�oat ramps ��r� upen fr�i�1 Sunrisc to suns�t. ��he Sailing Center buildin�; is used for a v��riety of functi��ns includin� gr��up acti��ities, mectings, classe�, parti��s and r��cepiic��iti. Currt•ni activities inclttde: • Hoat l�lUilC�llIl��ilt� Pl'tCll'VIII�' • Boa t �t�ra�c • Cluli i11CtI1�.lLCtiIl1�.� �CO�I'1Ill • B��si� ��ilin�; classes • Il�sc�rt�ailiit�;progra�i� • Iiit��rrne�i iate sailiri� cla�ses • :1c1��anceclti��ili�i�;class��s • �c-h��lartihi�, E,rc►�ra�t� • Jtiniurj,�mi»��r�E,l'O�I'�lilt .. • �Zt'k�.lt(�lti � The facility has thrce public launch ramps, along with parking for non-motorized craft of , Iess than 20 fec.�t. �-1sk about our membership prograrn and the many opportunities it offers. Daily, �nonthly and yearly permits for launch/parking are available at the Sailin� Center office. We also offer: • Watercolor painting • Yoga classes � Building rentals For indoor classes and building rentals, the multi-purpose building has a large ro�m that can be separated to accornmodate several activities at one titne. Some kitchen facilities and showers are also available. Ask about our attr�ctive and reasonable building rental rates. Overviezv anc� f�C�l�ttl0lllil I n f o r•rt1 ct t i o��r Clearwater �ommunity Sailing Center is located on Sand Key overlooking beautiful Clearwater f-iarbor. It is a terrific facility foryour next sailing or non-sailing function. l�j� ��i'� C-�J �tJ�'' I_�JGf �G"I�"' �c�rlrvlc� C'errte�� c�`�lcl �E>c° �rll t�l� ,n�-tivit�i�� rG��rt_ c��c-� r;rvc�rl�r�le c�v��l �jte��ecl. G'�/C' �rO� ��JI'Ut1G�t'G� CJ �1C%G�{'IV1G� fYOVI� G��i. If you need m�re infornlation on plans to usc the Sailing Center, please contact: William C. 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'. i:.:i. �'��:ti :'�:, OBJECTIVES The primary objectives of the sailing center are to; Continuing an extensive campaign to promote the sailing center and take fuil advantage of the facifity, Doubling the present sailing center fleet that is used for instruction and the membership program by FY 99/2000. Increasing the number of contract instructors to meet the demands created by the influx of new students and classes. Increasing the sailing center staff by one additional part-time employee to support and susta'sn prolonged growth under our business plan, which wi{I include more room renta{ revenue and c(�sses. fncreasing sailing center revenue from 36 216 in FY 95 96 to 62 000 in FY 99/2000 and increase donations frorn 4 902 in FY 95 96 to 11 000 in FY 99/2000, which will "Close the Gap" from 38.2% to 47.4% * Developing plans for a floating dock at the sailing center and determining whether it can be permitted. Goals The sailing center goals for FY 95 96 are: To improve customer satisfaction at the "excellent" leve{ by 5% over the previous fiscal year survey (i.e., from 78% to 80°lo by September 30, 1996� as measured by a customer satisfaction survey and to implement at least one customer suggestion at a cost within the approved budget level and staffing.* To increase revenue for the sailing center by 5% over FY 95 9 level 36 216 by September 30, 1996, at a cost within the approved budget level and staffing.* The sailing center must be treated as a long term facility for the City of Clearwater. Strategies to meet our objective goals are: STRATEGY #i : Continue growth of classes, activities and usage of the sailing center on a yearly basis. This wi11 a11ow for the continuing growth of the sailing center for a five year period with the addition of classes and activities. The *revised 3/15/96 '.•s : target increase for classes wii! be 10% over the previous years participants. STRATEGY #2: Doub{e the sailing center fieet so that more classes and water activities can take place. (Note: Older vesseis in the fleet will be surveyed and repfaced with new vessels during the below�eriodl* The present and projected fleet used for instruction/mernbership program is: VESSELS Now 94/95 95/96 96/97 97/98 98/99 99/2000 Opiimist Training 14 4* 1 1 1 1 Pram Int'1 Optimist Pram t Sunfish 4 2* 1 1 1 1 MiniFish 2 Lasers 2 i* 2 1* SunBird 1 3* 1 Day Sailer 1 1 1 1 Subtotal 25 11 * 3 3 3 3 2 Grand Totat 25 36* 39* 42* 45* 48 50 STRATEGY #3: increase revenue/donations each year in the business plan. This calls for revenue/donations at the sailing c�nter to increase from 41 118 to $48,500. Once in each year of this plan, the Marine Department will conduct at least one fund raising activity at the sailing center. See projected 5-year program statement in financial projections.* STRATEGY #4: tncrease customer satisfaction using yearly surveys to insure excellent customer service. It should be noted that 100% of the sailing center goals were met in FY 94 95.* Rationale Based on our experience with the sailing center operation for the past three years, we feel that alt our goals can be met because: The sailing center is becorning more welf known with the surrounding cornrnunity and our custorner satisfaction survey 78% excellent in FY 94 95 shows that a iarge majority of our custorners are satisfied with our service. Revenue has increased each year the sailing center has been operated. *revised 3/15/96 Page 9 The revenue, without donatio�s, for the past three years is: FISCAL YEAR FY 91 /92 FY 92i93 FY 93/94 FY 94/95 REVENUE $9,168 $18,626 $22, 523 $36,216 % INCREASE 103°l0 21% 60% We anticipate that revenue will continue to increase. The staff has become more experienced in the operation of the facility and are prepared for any increase in activities. Return on Investment Based on the FY 95 96 budget, the sailing center shows revenues at 42 000, donations at 6 500 and expenditures at 122 690. With this projected budget, revenue and donations are expected to pay 39.5% of the total expenditures. We are confident that with our goals and objectives we can meet the percentage of revenues and donation to expenditures at between 38.2% to 47.4% over the next five years.* Financial Objectives To better understand the financial objectives for the sailing center, we need to look back over the past three fiscal years at revenues, donations and expenditures. Listed below are actual revenue, donations and expenditure amounts for the last three fiscal years: *revised 3/15/96 REVENUE FY 91 /92 FY 92/93 FY 93/94 FY 94/95 Launch Fee 799 1,179 735 777 Instructor Fee 1,745 1,230 3,220 6,997 Room Rental 5,945 15,091 12,954 19,609 Concession 679 1�126 1,232 1,182 Boat Storage 0 0 2,572 4,075 Membership 0 0 1,810 3,576 TotaJ Revenue 9,168 18,626 22,523 36,216 Donations 3,813 5,954 5,385 4,902 Paqe 10 Total RevB�Dona 12,981 24,580 27,908 41,118 EXPENDITURES . Personai Svcs 32,578 46,680 50,865 55,768 Other Operate 2�,951 20,153 22.279 27,168 internal Exp 1,423 960 9,579 19,541 Capitai 0 5,000 0 5,060 debt Svc 0 0 0 0 Transfer 0 0 0 0 Total Expendit 56,417 72,793 82,722 107,537 Revenue & Donations/T'otal Expenditures 23% 33% 33% 38.2% Financial Goal Our financial goa! is to increase sailing center revenue in each year of operation and to maintain a revenue and donation to expenditure percentage of between 38.2% and 47.4%* This goa! will be met by maintaining/increasing donation money and equipment, increasing revenues at the sailing center and only slightly increasing expenditures. To assist with donations each year of this plan, the Marine Department will have at least one fund raising activity. See projected 5-year program statement in financia� projections. Position for Growth �ur position for growth is good, and can be accomplished with the following in mind: Understand our customers. Understand the sailing community. Provide more classes. Balance goals and objectives. Operate with more contract instructors. Develop more experience with the facility. Hire the best instructors. *revised 3/i 5/96 PaAe 11 ,��.+ 'O Cl � � G � � � t/� E R ` O L. 0� ca L � C> >"' �� v � v � C �, �— o— �� cn i°- ooc00000 0 Q00000vo v �y O O � O O� O O � N N c''� N� P- N e= � d� �- M t�f3 tf� Efi tp r- E� ff9 d9� H9 � O O O O O � O O �..c000000 0 000�000ao 0 � N C r N tA �ti �t'� O tf� r- M b3 4A EF� �A r 6:� b� d� t� � O O O O O O O O ` C C O O O O O O ti O O O O O � O � � N O� 00 N N�tf e= OrJ 6l� � N� 614 bg Ef� � EA � O O O O O Q O G7 � o 0 0 0 0 0 0 0 coo�000�o 0 �� N ��' � � � �O O O OOC70 O �. O O O O ei O O O N O O O O 0 O O � � e' 00 N N tC� �t N �G �d�3 N��#� � �r7 C� r. I'� Ct� N� C� tt� �. t�• G� O 00 t� I` e" ��•o�co�o�cv -- �� O'� r et M Ct� � d� r� E�3 EA EA M� ♦.+ t� Q � O N �N � N d d ��LL a� ,r d�.�o�•'�c, � p � V � N � � � �� L � d�� •�� a+ o c s �oC � � d jJ cLL�ym:'�,� � � O d� �3 c � � 0 0 0°00°�°�°�- O O � u� M Qa � O Efi tf�1 d� 69� °o °oo°�°�°�- °� o � �n o0 � N M O) CO 0� M N t� �} Ef� Ef} O 00 Q 6QR�� d' tA O CA t0 N O� 69� tfl� Ef} d9� O O O O !f3 �Ef3 �} O � � N ��t'! t� M N ;09 f� d� H} O N Q�? 0�0 d�4 �� p�q u? � I� 'd' � N N t� tf3 6A- d9 � t� cfl 'd' t�D � � �- t� r- � o r t� f` O� tA � � � i� � . �.:. �� C� o?� � d d � a H � � � V/ � �d ._ _ � � :� �_ � � � v � .�. d `� O � � ` a� � � � d � � � � L �� C L = ai Q. .i� � a„r 'r"� � � L ;,ao�c�o�-- u1 0 'a' � Efi � �i �1' t- bf� O � r b� °o O M e� � � N �Nr- � M h O b� N d � � 0 M ,� 0 O � .... .-. � .00 O 00 �3 .... � O 00 � .-. 0 tD � 6R ... .-. � � '� � .r.. .-. r�- co � � � � W r�n' � � c 0 � � � � � 'd 0 ca � � 0 r d' 0 � �t' � 0 � M � 0 0� M wr` W � � 0 � � _ � � � GC ;■ �LEARWATER CO�IMUNITY SAILING CENTER ME�lZBERSIiIP PROGRAM PURPOSE This program will allow qualified sailors the use of the city owned sailing center boats when they are not being used for sailing classes. Revenue collected from the membership program will be used to help offset sailing center expenditures. MEMBERSHIP FEE $150.00 for Residents, $75.00 for spouse, $37.50 for each additional family member. $225.00 for Non-R�sidents, $112.50 for spouse, $45.00 for each additional family member. Membership fees will not be prorated during the year. Members of the Windjammers will receive a$35.00 deduction from the membership fee. This deduction does not apply to spouse or additional family member fees. 1l1EMBERSHIP PERIOD Membership fee will be for a one year period. MEMBERSH�P FEE INCL UDES Use of the sailing center boats during normal staffed hours from 9am until 4pm, seven days a week and until sunset on Tuesday, Wednesday and Thursday nights during daylight saving times frorn April through OctQber. Members should call in advance for boat availability, which will be on a first-come first-serve basis and no boat reservations will be accepted. Hours and days are subject to change because of staff availability, so members should also check in advance to insure that the sailing center is staffed for that day. Scheduled sailing classes, sailing clinics and group sails have priority on the use of the boats. Boats that are not being used in the classes and clinics will be available for use with this program. Parking at the sailing center is iiicluded in the membership fee. MEMBERSHIP Q UALIFICA TIONS To become a member, the person will be required to take a basic sailing class at the sailing center or demonstrate competent sailing skills to sailing center staff. Members must be 8 years of age or older to participate in this program. Members from the age of 8 through 17 must have a parent or guardian accompany them and remain at the sailing center while the member is sailing. MEMBERSHIP RESPONSIBILITY AND SAILING LIMITS Sailing center staff will determine boat avaitability and if weather conditions are favorable for sailing. The sailing area iimit is from the north buoys at the sailing center, east to compass island and south to the Clearwater city limits� Boats will be sailed as is and should be returned one-half hour before dark. Set up, break �own, cleaning of the boat after use and major darnage repairs is the responsibility of the member. Failure to comply with rules will result in termination of inembership, with no refund �f the membership fee. CIIY OF GI.E/'1R�rn. JUN 0 61995 __ ,� R�BOLOTION NO. 95-31 V A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ESTABLISHING FEES TO BE CHARGED FOR THE RENTAL OF CERTAIN PUBLIC BUILDINGS, RECREATION BUILDIKGS, BANDSHELL, ATHLETIC FIELDS, AND SWIMMING POOLS; RESCINDING RESOLUTIONS 90-49, 91-47 AND 93-71, GN THE SAME SUBJECT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ESTABLISH AND ADJUST RENTAL FEES IN THE FUTURE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Cornmission advpted Resolution Na. 90-49 on December 20, 1990, establishing fees to be charge� for the rental of certain municipal buildings, bandshell, athletic fields and swimming pools; and WHEREAS, the City Commission amended Resolution No.� 90-49 by adopting Resolution No. 91--47 on December 19, 1991, and Resolution No. 93-71, on November 29, 1993, adding and revising fees for the Sailing Center; and WHEREAS, these fees do not reflect current market rates, and it is necessary to revise the fees so that all direct costs for personnel, utilities and supplies as well as capital replacement costs are recovered; now, therefore, BE IT RESOLVED BY THE CITY COMMTSSION OF THE CITY OF CLEA.RWATER, FLORIDA: Section 1. There is hereby established the following categories of user groups upon which rental fees will be based for rental facilities, including public buildings, (City Hall Annex community room, Memorial Civic Center, Sailing Center), recreation buildings, (Martin Luther King Center, Clearwater Beach Recreation Center social hall, Countryside gymnasium, Moccasin Lake Nature Park classroom, individual recreation center rooms), the Bandshell, 1 �J v � 9,s�'�� ❑ athletic fields and swimming pools: (a) City related qroup: No charge (b) Co-sponsored group: $1.00 for primary and routine use of assigned facility/s. Other requests for usage are subject to negotiation. (c) Outside group: 1. Public/civic/church - Hourly charges (Clearwater based only; non-Clearwater based groups treated as private). 2. Private - Basic rental charge, hourly charges, and equipment charges. Section 2. There is hereby established the following fees and charges relating to the rental of public buildings, recreation buildings, the bandshell, athletic fields and swimming pools. (a) Public buildings, recreation buildings and the bandshell: 1. Basic ren�al fees a. Sailing Center, ar�d Clearwater Beach Recreation Center social hall -$250 per use x number of days b. City Hall Annex conumunity room, Memorial Civic Center, Martin Zuther King Center social hall, Cour►tryside gymnasiurn and Bandshell -$100 per . use x number of days c. Moccasin Lake Nature Park classroom, individual recreation center rooms -$50 per use x number of days d. Boat storage -$30 per month � 2 %S�'�/ 2. Hourly charges a. Utilities - S10 per hour x number of hours b. Personnel -$15 per hour per emplo�,•ee x number of employee hours for straight time -$ 2 0 per hour per emp loyee x number of employee hours t'or overtime - City rate for off-duty police officer (if necessary) 3. Equipment charges -$lo charge for each piece of ; ; � equipment used per day, (including but not limited to, piano, t � r public address system), and $115 for Sailing Center dance floor. � � (b) Athletic fields: ' 1. Hourly charges a. Reservation fee -$7.50 per hour (2 hour minimum) b. Utilities -$10 per hour x number of hours c. Personnel -$15 per hour per employee x number of employee hours for � straight time -$20 per hour per employee x number of employee hours for overtime (c) Swimming pools 1. Basic rental fee -$5 per lane per use x number of days 3 V �1 - � �S~ �/ 2. Hourly charges a. Utilities -$10 per hour x number of hours b. Personnel -$15 per hour per employee x number of employee hours -$20 per hour per employee x number of employee hours for overtime Section 3. A cleaning deposit in the amount of $50 shall be paid in advance for the rental of the Sailing Center to assure that the premises and equipment ar� returned in a clean and unc3amaged condition, as determined by the City. Section 4. The fees and charges established herein shall be paid to the City of Clearwater and shall be credited to the Parks and Recreation Department, except that fees for the Sailing Center shall be credited to the Marine Department. Section 5. When applicable, a deposit of $50 shall be required to reserve any building, and the bandshell; and $15 to reserve an athletic field and swimming pool lane. Said deposits si1a11 be submitted with the application and will be refunded only if the application is not approved. Section 6. Those organizations or agencies which have current separate facility agreements ;aith the City of Clearwater shall be exempt from this resolution. Secti�n 7. Resolutions No. 90-49, 91-47 and 93-71, adopted by the City Commission are hereby rescinded. Section 8. The City Manager or designee shall have the authority to establish and adjust rental fees for recreation 4 ��"-.�� facilities and the Sailing Center. Section 9. This resolution shall take effect on June 1, 1995. PASSED AND ADOPTED AS AMENDED this lst day of June � 1995 , Attest; � �. Cynt��ia E. Goudeau, City Clerk (N:�DATA\V�'PFILFS\I�t/1R1�'�95-31.WPSUune 1, 199� Rita Garvey, Mayor �lornmissioner 5 S �� " �� ;� �� :_ 0', d � � ;■ ,' ;. � v - • � i ! S�',t• �� + 4 � �O -�9� _..,_ �`o� Clearwater City Comm.ission �N � Agenda Cover Memorandum ltem # Meeting Datc: a� ��y-�� SIIBJECT: Public Hearing: Unpaid Utility Bills (Resolution) RECOMMENDATION/MOTION: Adopt Res�lution 96-26 authorizing Che placement of liens an pr.operties for unpaid utility bills. � and that the app�opriate officials be authorized to execute same. BACRGROUND: e • • • � Delinquent utility accounts over $100.00. Utility accounts delinquent ninety (90) days or more . Owners notified of indebtedness by Utility Customer Service. Owners notified by City Clerk of Public Hearin� pursuant to Chapter 32, Section 32.072 of City Code . Director of Finance and Utility Customer Service Manager recornrnend filing of liens Reviewed by: Originating Dept: Costs; S N!A Comnission Actio�: Legal Finance'�rY�,b Total �7 Approved Budget N/A Utility Customer Service ❑ Approved w/conditions Purchasing N/A $ Risk Mgmt. N/A Current Fiscal Yr. � Denied IS N/A User Dept: 0 Continued to: ACM F�ding Source; Other ❑ Capital Imp. ❑ Operating Advertised: ❑ Other Attachments_ Date: Resolution 96-26 y,�'� Paper: Tampa Tribune Proposed Lien List 0 Not Required Stf�taitted by: � Affected Parties pppropriation Code: 0 None � � Notified City nager ❑ Not Required � f.� Printed on recycled paper RESOLUTTON NO. 96-26 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, PLACING A LIEN ON CERTAIN REAL PROPERTY FOR PAST DUE UTILITY BILLS. WHEREAc, the City Manager, pursuant to Section 32,072 oi the Code of Ordinances, has presented to the City Commission a list of properties with unpaid utility bills; and WHEREAS, the list of such pro�erties is set forth in Exhibit A attached to this resolution and made a part hereof; and WhEREAS, the City Commission has conducted a public hearing for the purpose of cvnsidering whe�ther or not to make �inal a lien on each such property; and WHEREAS, notice of such public hearing has been provided to each property owner on the list; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF '1'HE CITY OF CLEARWATER, FLORIDA: Section 1. Pursuant to Section 32.072, Code of Ordinances, the City Commission finds that such utility charges remain unpaid, and that a lien in the amount of such unpaid utility charge should be made final against each property listed on Exhibit A attached hereto. Section 2. The City Commission hereby places and makes final a lien against each of the properties listed on Exhibit A for unpaid utility charges in the amount indicated. Section 3. The City Clerk is hereby directed to prepare a notice of lien against each property listed on Exhibit A for the amount shown and to record the notices of lien in the public records of Pinellas County, Florida, except as to any properties for which payment may be made in full following the adoption of this resolution and prior to recording the notice of lien. Section 4. Ti�is resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1996. Attest: Cynthia E. Goudeau City Clerk Rita Garvey Mayor-Commissioner � � � ACCOUNT INFOFtMATION SERVICE ADDRESS 028-00997-08 MILLER, BILL 943 L�KEVIEW C1C,EARWATER, 346163420 PROPOSED LIEN LIST OWNER INFORMATION MILLER, BILL E 941 LAKEVIEW RD RD CI,EARWATER, FI, FI� 34616342 0 160-01797-03 PACIAN, CATHERINE 15597 E BEDFORD CIR CLEARWATER, FL 346247062 242-10370-(34 JARRETT, SHARON 2535 BRENTWOOD CLEARWA'�'ER, FL 346245017 242-12755-03 MARK, STEVE V 12 2 6 �iERMITAGE CLEARWATER� FL 346244958 242-12755-04 FOUND ON 244-17033-09 FOUND ON 1733 WINFIELD CLEARWATER, FL 346162459 PACIAN, CATHERINE R 15597 BEDFORD CIR E CLEARWATER, FL 346247062 JARRETT, KESTH B K JAR.RETT, SHARON K DR 816 PERSHING ST MARYVILLE, TN 37$013878 MARK, STEVEN V 1226 HERMITAGE AVE CLEARWATER, FL 346244958 . y ��, q� Revised 3/28/96� ExHIBIT "A" LEGAL INFORMATION AMOUNT 21/29/15/47466/001/0010 LAKE BELLEVIEW ADD BLK 1, LOTS 1 AND 2 LESS ST $416.58 31/29/16/59922/037/0060 NEWPORT UNIT NO. 1 SLK 37, LOT 6 $107.79 19/29/16/92322/001/0120 TROPIC HILLS UNIT 1 BLK A, LOT 12 $250. 59 19/29/16/92394/001/0470 AVE TROPIC HILLS UNIT 5 BI,K A, LOT 4 7 ROBINSON, SAMUEL 17 3 3 WTNFI ELD RD RD S CLEARWATER, FL 3�6162459 $149.79 A 23/29/15/06354i000/0560 S BEL-KEENE 1ST ADD LOT 56 $204.44 246-18070-04 FOUND ON 2170 CATALINA CLEARWATER, FL 346243715 BAKER, LEE A MINTER, CANDACE DR 2170 CATALINA DR CLEARWATER, FL 346243715 318-00930-05 NOWLAND, GEORGE 502 PALM BLUFF CLEARWATER, FL 346153051 428-00578-03 CARLE, KIT 518 LOUDEN AVE DUNEDIN, FL 346987626 432-00725-07 CABRAL, CINDY 1111 BASS BLV DITI�'EDIN, FL 346985856 NOWLAND, GEORGE L NOWLAND, KAREN L ST 1189 SEDEEVA ST CLEARWATER, FL 346151400 516-00366-07 FOUND ON 600 PENNSYL�IANIA CLEARWATER, FL 346154233 CARLE, KIT E CARLE, DEBOR.AH 518 LOUDEN AVE DUNEDIN, FL 346987626 CABRAL, ERICK CABRAL, CINDY 1111 BASS BLVD DUNEDIN, FL 346985804 PAGE 2 24/29/15/87696/000/0420 A SUNSET GARDEI�S LOT 42 $244.52 L 09/29/15/65466i000/0060 PALM BLUFF 15T ADD E 50FT OF LOTS 6 AND 7 $108.83 34/28/15/72216/000/0070 V PLEASANT VIEW TERRACE 2ND ADD S 40FT OF LOT 7& N 25FT OF LOT 8 $146.83 C 27/28/15j62910/004/0190 V OAKLAND SUB NO. 2 BLK D, LOTS 19, 20 AND 21 LESS PT PLATTED IN GRADY'S SUB COOPER, LUCILLE 703 PALM BLUFF AVE N CLEARWATER, FL 346153132 518-01250-08 HOWARD, NATHANIEL 1140 PALM BLUFF ST �LEARWATER, FL 346153241 $140.49 10/29/15/69138/O11/0030 ST PINE CREST SUB BLK 11, LOTS 3& 4 HOWARD, HOLLY JR EST 1140 PALM BLUFF ST CLEARWATER, FL 346153241 $344.25 10/29i15/33552/006/0520 GREENWOOD PARK NO. 2 BLK F, LOTS 52 AND 53 $251.23 518-01810-02 HADLEY, RON 1148 1/2 LASALLE CI,EARWATER , FL 346153233 518-01970-01 FOUND ON 1165 LASALLE ST CLEARWATER, FL 346153234 518-01970-02 FOUND t)N 518-01970-03 FOUND ON 518-01970-04 FOUND ON 522-04510-0� FOUND ON 11Q0 DREW ST CLEARWATER, FL 346154817 634-00220-08 FOUND ON 121 ARCTURAS CLEARWA�'ER , 346253004 634--00220-09 FDUND ON HADLEY, RONALD A 2614 CYPRUS DR ST PALM HARBOR, FL 346841008 HARPER, MINNIE J CATIA, DAISY EST 2929 TANGLEWOOD CLEARWATER, FL 34619 PAGE 3 10/29/15/33552/005/0570 GREENWOOD PARK NO. 2 BLK E, LOT 57 $591.54 10/29/15/33552/006/0010 GREENWOOD PARK NO. 2 DR S#I BLK F, LOTS 1, 2, 3 AND 66 $102.69 DARLAGE, ETHEL 10/29/15/18414/001/0010 1403 A NORTH MYRTLE AVE COUNTRY CLUB ADD CLEARWATER, FL BLK 1, LOT 1 LESS RD 34615 ON W HOORNSTRA, EDWARD H 2321 KENT PL AVE N CLEARWATER, FL FL 34624 726-002-22-03 FOUND ON 1200 MISSOURI AVE S 11 CLEARWATER, FL 346164167 TAYLOR, JOHN S III C/ O GENERP,L MANAGER 9 SUNSHIr1E MALL 1200 S MISSOURI AVE CLEARWATER, FL 3461641�6 $132.75 13/29/15/82476/006/0010 SKYCREST UNIT 6 BLK F, LOT 1 $172.22 aa/2�/i5/00000/alo/oioo BEG NE COR OF NE 1/4 OF NW 1/4 RUN W 50FT FOR POB S 649.30FT W 615.41FT N 336.98FT W 209FT N 313FT E 824.41FT MOL TO POB LESS ROAD CONTAINING 10.56 $185.88 ; i � 728-00900-03 DIAZ, JOSEPH 1400 DRUID RD CLEARWATER, FL 346166128 836-02302-12 FOUND ON 102 FERNWC�OD 346253326 DIAZ, JOSEPH 1400 DRUID RD CLEARWATEk, FL 346166128 PAGE 4 14/29/15/10854/008/0110 E BREEZE HILL BLK H, S 68.6FT OF LOT 11 & S 68.6FT OF W 20FT OF LOT 12 HUGHES, ROBERT E SR TRUSTEE AVE N FED HOUSING TRUST 10 850-00680-06 FELICE, MTCHAEL 1180 N BAYSHORE CLEARWATER, FL 346193302 918-01722-14 FOUND ON 1922 ATLANTIS �LEARWATER, FL 346234505 PO BOX 561 SAFETY HARBOR, FL 346950561 FELICE, MICHAEL J J FELICE, GINGER BLV 1180 BAY5HORE BLVD CLEARWATER, FL 346193302 BELLAMY, JOHNNIE BELLAMY, MELINDA DR 1922 ATLANTIS DR CLEARWATER, FL 34623 918-14105-01 FOUND ON 2405 CAMPSEI,L RD CLEARWATER, FL 346251506 922-09366--07 FOUND ON 2766 AVOCADO DR CLEARWATER, FL 346192301 $179. 13 18/29/16/24264/005/0230 EASTWOOD TERRACE 3RD ADD BLK E, LOT 23 $241. 12 09/29/16/20844/000/0050 DEL ORO HEIGHTS LOTS 5 AND 5A $153.41 F 06/29/16/88146/001/0240 SUNSET POINT ESTATES BI,K A, LOT 24 $256.89 KASTRENAKES, MICHAEL 06/29/16/16848/000/0340 KAST�2ENAKES, MARIA J COACHMAN LAKES ESTATES 2405 CAMPBELL RD LOT 34 CLEARWATER, FL 346251506 $309.07 EI�LIOTT, THOM�S F II OS/29/16/94302j007/0100 ELLIOTT, DEBRA A VIRGTNIA GROVES 2766 AV4CAD0 DR ESTATES 1ST ADD CLEARWATER, F'L BI�K 7, LOT 10 346192301 $238.03 922-1O128-01 FOUND ON 1428 OWEN DR CLEARWATER, FL 346192201 924-04449-14 FOUND ON 1849 DIANE DR CLEARWATER, FL 346191709 924-06007-03 FOUND ON 1807 MARI.LYN CLEARWATER, 346191716 BURRIS, EDNA M 1428 OWEN DR CLEARWATER, FL 346192201 DENNIS, EDUARDO DENNIS, LINDA 1849 DIANE DR CLEARWATER, FL 346191709 REICHOLD, KAREN 1807 MARILYN DR DR CLEARWATER, FL FL 346191716 970-30250-02 STONE, WILLIAM 2705 BRATTLE LN CLEARWATER, FL 346211206 976-04665-00 FRAGER, MAE F 665 11TH AV� N SAFETY HARBOR, 346952925 FL STONE, WILLIAM STONE, RENATE 2705 BRATTLE LN CLEARWATER, FL 346211206 FRAGER, FANNIE 665 11TH AVE N SAFETY HARBOR, 346952925 Page 5 08/29/16/64042/000/0090 ORANGE BLOSSOM SUB �ST ADD LOT 9 $134.10 05/29/16/13554/O10/0030 CARLTON TERRACE 1ST ADD BLK J, LOT 3 LESS S lOFT MOL $359.81 M 05/29/16/13554/008/0070 CARLTON TERRACE 1ST ADD BLK H, LOT 7 $236.41 J 17/28j16/18689/000/0330 COUNTRYSIDE TRACTS 92i93-II,IIIf94-II,III TRACT 94, PHASE II LOT 33 $116.86 04/29f16/51840/OOC1/0910 LINCOLN HIGHLANDS FL LOT 91 $141. 68 TOTAL $ 5,866.93 ,i.r:',: �.yn . _ � � . . . . � � .. . .. . . . � .s% .�' i' .. . � � . � .. � . . . , . . . ' . . . � .. The paperwork for Item #9 rnoved fio 4/18/96 pack n � � � // L../ • I M� , � ' f r, ►� c� at`o� CLEARWATER CxTY COMMISSION � �--- Agenda Cover Memorandum Item # Meeting Oate BUBJECT: Declaration of surplus property and grant of blanket easement. � y� t� RECOMMENDATION/MOTION: Declare as surplus for the purpose of granting a Distribution Easement to Florida Power Corporation a portion of the Northwest quarter of Section 29, Township 28 South, Range 16 East identified as Pinellas County Tax I.D. parcel # 29-28-26-00000-220-0400, a/k/a Countryside Cornmunity Park, and thereupon approve the grant of a Distribution Easement to Florida Power Corporation, Q and that the appropriate officials be authorized to execute same. SU�MM�F,RY : ► Countryside Recreation Center, located within Countryside Community Park, is under construction. Construction features include site work, parking and building (gymnasium, arts and crafts room, game room, exercise room, meeting room, restrooms and offices). 5cheduled completion is August 15, 1996. ► Florida Power Corporation has requested a blanket Distribution Easement over the park property for the purposes of providing electrical services to the facility. ► Staff recommends granting the Distribution Easement to allow installation of electrical services to the new facility, and provide for future services as may be required. '� Legal {�.�1�'~,- Budget N/A Purchasing N/A Risk Mgmt. N/A _ ; � IS N A � ACM f�� I , i ENG. � � I �'� � � OTHER � N/A l`" � Y. I Submitted by: ; City M gei��- i <� Originating D pt: `•� Engineeri Y � � t� User Dept. � Parks and Rec e tiA Advcrtised: Date: Paper: Tampa Tribune Not required Affected parties not i f i ed Not reqUircd X Costs• N/A CCurrent FY� Funding Source: Capt. Imp_ Operating Other Appropriation Code(s) Comnission Action Approved Approved w/conditions Denied Cont'd to Attachments: Distribution Easement Locator Map � � ~r�� . !t r'�t t ' � ' ti,t•�:1•�„r DISiRl�UT1QN ��.s��vi COUNTY USE ONLY _ ._ .............�......_.�. � KNOW ALL MEN BY TNESE PflESENTS, That the undersigned, tfieir successors, lessees and assiQru (' GRANTOR' 1, in consideration of tt�e mu�tual benefrts, cr�venartts and conditions herein contained, did grant and co�vey to Fi.ORIDA POVi/EA CORPORAT'ION, a Florida corporation ('GRANTEE'), P.O. Box 14042, St. Peterstwrg, Florida 33733, and to its succ.assors, tesse-es and assigru, an easemerYt to instali, operate and mairrtain in perpetuity or undl tix use thereof is abandoncd. sudi faalities as may be ncc�ss.ary or desirabie for providing electric encrgy and ser�ice and commu�ication servic�s; by GRANTEE or otftiers; said faalities being (ocated in the fvllowing described ' Easemerrt Aiea' within GRANTOR'S pfemises in Pine llas Caurrty, Florida, to wit: A t�r� ( 1Q) lout wide EasemerliArea defi�ed as comprisin9 those ten (10) foot wide strips of land lying five (5) feeC on each side of the center lines of GRANTEE's facilities as may be designed and installed from time to time at r�utually agreed upon locaCions within GRANTOR's premises described as: SE� A'TTACHED Tax Parcai Nurntxr: 29/ 28/ 16/00000/220/0400 Ttie riphtx hercin Qranted to GRANTEE by GP.ANTOR specifically indude: ta> tt� riflht for GRANTFE to patrol, insp�ect, aker, irnprove. repair, rebuild, �aiot�te, and remove said fac�lities; ib) tfie riflht tor GRANTEE to increast or decxease the vottage and to cfian�}e the quantity and type of faaGties; (c) tr►e right for GF�ANTEF to dear the Eascmerit /�rea oi V�ts, lirnbs, undergrowth and otf�tr pt�ysicat ob�ecis which, in the opinian of GRANTEE, es�dangcr ar irtte�iere witi� tfie sat�e and etfici�nt installation, opesation or maint�nance of said faalitics; td) the right for GRANTEE to trim or r�move any timber adjaunt to but outside the Easemerrt Area which, in tt�e opinion of GRANTEE, endanQcrs a ir�t�rferes witt� the sa�e ar►d efliriertt installation, operatio� or mairrtenanca of said tadlities; (e) the reaso�able rigttt for GRANTEE to emtr upon tand of t�e GRANTOR adjaccRt to said Eastment Area tor tfie ptcrpose of exercising tnt rigtrts hercin grartted; and (fl aU ott�e� riQhts and priviltfles reasonably nactssary or conveniertt for GRANTEE's sate and ctfiaerit installation, operation and mainrtenance of said faatitits and for tix e�joymerrt and use oi said easemerrt tor ttx pvrpases desaibec! above. GRAN7QFihereby covertiarits and agr�s that no buildings, structures o� obstades (exctpt t�nces) shall b� focated. consVucied, cxcavated or created witfiin tfie Easemern Area. If fences are installed, tf�ey shall be placed so as toallow ready access ta G RANTE�'s laalities and provide a walcing space ot not less than six test t6') on tt�e �peninp side and one foot �1') on the ather thtee sides at any pad mountrd translorrner. If GRANTOR's fu�ture orderiy dcvdopmerrt ot tfie ptemise3 is in physicat cor�flict wrth GRANTEE's faalities, GRANTEE shall, witfiin 60 days afttr �ecxipt oi wrttt�n �c�st frorn GRAN70R, relocate said 1ac;lities to anotfier mutva0y agr�ed upon Easemerrt A�ea in GRANTOR'S premists, praided that prior to the retocation af said taalities !a1 GRANTOR shall pay to GRANTEE thz �utl expectad cart of tfie relocation as estim�icd by GRANTE�. and Ib1 GRANTOR shall execute and dclive� to GF�ANTEE, at no cost, an accxptable and recordable easemcrrt to cover tha relocated lacilities. Upo�n the cornpletion of the relocation. tfie eescment herein shaA ba considtfed cancelled as to the portion vacated by such rclocation. Thi� doeurrwr�t D►+D►++�d bY J. 6RADFORD HIN@S li�al Ertatw D�ot.. Fl�. Pow�i Corp. P.O. Box 140�42, S1. F'nt�nbury, FL 33)� CORP ti� � �8 rn� � �• : r� � � � w � a n� z rt� � 0 �n c� � � a� � � w � � n 3 � oP fy� �G-�( n • 1 ✓ ~ � � w n � � t-�• cn o r• � �. � � r� c� a �O 00 d , GRANTOR covenants not to interiere with GRANTEF's tac;lities within the Easement Area in GRANTOR's premises, and GRANTOR further covenants to indtmnify and hold GRANTEE harmless from any and all damagcs and injuries, whether to persons or property, resultinq trom interier�nce with GRANTEE's facilities by GRANTOR or by GRANTOR's agents or employees. GRANTOR hereby warrants and covenants (a1 that GRANTOR is the owner ot the 1ee simple title to the premises in which the above desc�itxd E.asement Area is located, tb1 tha2 GRANTOR has fult right and lawful authority to grant and convey this easem�nt to CRAN7EE, and (c) that GRANTEE shall have quiet and peaceful possession, use and enjoyment of this ease�rent. All covenants, terrns, p�ovisions and conditions herein contained shall inure and extend to and be obligacory upon the successors, tessees and assigns of the respective parties he�eto. , IN WITNESS WHEREOF, the GRAhTOR tias caused this easement to be sipned in its corporatc namc by its proper oNicers thereurtto duly authorized and its offiaal corporate seal to be hereunto affixed and attested tfiis day of ,19 Countersigned: By: Rita Garvey, Mayor-Commissioner CITY OF CLEARWATER, FLORIDA Elizabeth M. Deptula, City Manager Attest: Cynthia E. Goudeau, City Clerk STATE OF FI,OR I DA . COUNTY OF PINEI,LAS . BEFORE ME, the undersigned, personally appeared Rita Garvey, Nayor-Comrnissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged t�e execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and seal this day of Notary Public Print/type name: STATE OF F'I�ORiDA COUNTY OF PINELLAS , 1996. BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, City Manager of the City of Clearwater, Florida, a�ho executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purpeses herein set forth, and wha is personally known to me. WITNESS my hanc3 and seal this day of Notary Public Print/type name: _ _ _ Approved as to form and legal sufficiency; ----.--- John Carassas, Assistant City Attorney , 1996. �LORIDA POWER CORPORATTON DIST�IBUTION EASEMENT (Countryside communi�y Recreatfon Center) N W Cor Sec 29- �i on•� c' z �" c . „ ..._.... LEGAL DESCRIPTION Commence at the Northwest Corner of Section 29, Township 28 South, Range 16 East; thence N. 89°45'34" E. along North line of said Sectian 29, 208.00 feet; thence S. 00°02' 06" W. along the east line of a 208.00 foot wide Florida Power Corporation Right- Of-Way, 190.06 feet to the POINT OF BEGINNING; thence S. 89°57'S4" E., 625.00 feet; thence S. 00°02'06" W., 1636.62 feet; thence a curve to the left with a radius 1625.00 feet, Delta 06°57'�3", Arc 197.22 feet, Chord 197.09 feet and Chord Bearing N. 79° 28'34" W. , thence N. 89°57'S4" W., 431.20 feet; thence N. 00° 02'06" E. along said East line of a 208.00 foot Florida Power Corporation Right-Of-Way, 1600.74 feet to the POINT OF BEGINNING. N tD cD � t0 � NOTB: This is not a survey! Novo 2/26/96 _. _. ___ ..._.__l ;� � - • , .. . •� . - . � . - .. . . . � � . . _ ' . LUCAT�R n�1AP' COUNTI[2YSIDE CUM112UNITY PARK (Distributioii E�iSeI2l�Ilt TO FIOI-ida Po«�er Corporation) ,_ _ _,_ � � — = s — — a — 7 - — — 4� J9 � � � i a ; , a � � � ►� �. C L+ [��° S� � S E �� T A S s' 4� �,�, , � ( 6 S 3 76 0� 52 � � r � 53 �d�' �� '4 42 �e 90 O '�i. t� �9 ;3 t�s ra�t � �vu w cF�E 5, c�`' Zh �� 4� � d 62 , � 5 hr.% . � ' + fi� � � � . �� ` �R��— f�� ____ � �� . �,� , _ � .�- ,�s� o, Nt/J�RrSlDl Bl►II PH. 2 �� I 92-31 ; ; � • " \ • \..,/ I Apr-04-96 17:26 Claarwatwr Er�g. SQrvicos 813�462-6641 , CITY OF CLEAFiWATER Interdepartmant Correspondenc� Sheet TOs The Honorable Mayor & City Camrnissioners TxROtTaH: Elizabetii M. Deptula, City Manager BxCM: Richard J. BaiQr, City Enqineer COpIBBs Kathy S. Rio�, bep�ty City Mana r william C. Baker, Assistant cit Manag�r Ream Wil�on� Dirsctor, Parke & Recr�a�ion eon�scs: DxTEs cc�unt�ryside Recreation Work Center April 4, 1996 At Monday�s work Session twa questions� were rai$�d rag�rding Florida Pcwer -- if Florida power was pursuing annexation of proper�y described within tha Aq�nda Ttem rslatiriq �o thQ Countryeide Recreation center and whether or not this wauld allow any othex additional equipment to be placed an this property. Insofar aat the annexation issue, the City was �uccessgul in obtaining a special exc�ption from the County to allow Gonstruc- tion of thc parkinc� faoility w�thin the Florida Power �ric�h�-af-way. Thia apecial �XC�ptfOh was nece�sary aince �he r�.ght-af-�ray is curr�ntly located w3.thin th� County. Due to a�tafnment o� thfs special exoeption Fark� and R�acrQation saaled back their ef�ort to annex thia Florida Powar �arcal, but may go after an annexation agreeme�t in the futur�. With regard to enoourage or eve additional power ttJB / ns the e�aand qu�stion, the Agenda n addre�s the po�aibility o� Florid reiated appurten�ncea within their � Item do�� not a Power placing property. P.02 0 0 y!� �. '' 4�•,� -;3 ��,�,�'�;� CLEARWATER CITY CCIMMISSION � Agenda Cover Memorandum SUBJECT: Declaration of surplus real property. J t em # Meeting Dote ,L RECOMMENDATION/MOTION: Declare as surplus for the purpose of selling City-owned property legal.ly described as Lot 7, Block D, ISLAND ESTATES OF CLEARWATER, UNIT 5, and authorize it be offered by advertised bid for the price of not less than $213,500, �] and that the appropriate officials be authorized to execute same. SUMMARY: ► The vacant lot, zoned Commercial General (CG) within the City at 205 Windward Passage, Island Estates, was acquired in May, 1991 by the City in exchange for 57 acres of City-owned "Sludge Farm" property located in Hillsborough County. At the time of the exchange, each parcel was valued by appraisal at $430,000. ► A subsequent plan to build a City-owned marina at the property was unsuccessful in obtaining State permitting. With the exception of marina development, staff does not foresee any other practical use for the lot. , ► In January, 1996, a local developer asked the City Commission if the lot might be available for purchase. ► An appraisal of the propErty was authorized and a sign was postec� to ascertain if other parties might be interested in purchasing. Several additional parties have called to request information and wish to be informed if the property is offered for sale. ► The Summary Appraisal was performed by State Certified Appraiser, William H. Caldwell on March 12 , 1996 . In his Letter of Transmittal, Mr . Caldwell estimates the current market value of the l.ot to be $213,500. r If the parcel is declared as surplus to City needs, it will be offered for sale to the public by the City's advertised bid process for not less than the current appraised value. ewed by: Legal �� Budget N/A Purchasing N/R Risk Mgmt. N/A I S ti/A ACM , � �C"J i ' Originating Dept. � � Engineering � ,� i I f jJf, . i f � User Dept. � Advertised: Date: Costs� N/A i i (Current FY) � I Funding Source: ' � Cept. lmp. � i Operating ' ( i Other ' i Caimissian Action Approved Approved ►+/conditions peni ed Cont'd to � ' � paper; 7ampa Tribune ' ' 'i i ENG. '�.'�� Appropriation Code(s) ; AttAChments: � � ` ' Not required ' ; � 07HER_ N/A -"� � � Appraiser's Transmittol Lette�. � �� Affected parties S ' Locator Map � Submitted by: = notified ; ; ', � C i ty t� g�� ; Not requi red X � � � � � , � � Windward.Agn �, V1�f-ri H � £. . CALDWELL & ASSOGS., INC. Reai Estate Appraisers Williern H. Celdwe�l, Presrdent Stete Certified General Appraiser R2 OOQ0799 Earl Barrett Real Estate Services Manager City of Clearwater Engineering Department P. 0. Box 4748 Clearwater FL 34618-4748 REFERENCE: Appraisal of lot 7, Block D, UN1T 5 ISLAND ESTATES OF CLEARWATER, PB 51 Pg 34 Public Recotds of Pinellas County, Ftorida Dear Mr. Barrett: March 14, 1996 FAX S81 �)447-0935 in accordance with appropriate authorization, the attendant Summary Appraisal report was prepared of the vacant site located on the southwesterly side of Windward Passage and legaily described as 1.ot 7, B1ock D, UNIT 5, ISIAND ESTATES OF CLEARWATER, as recorded in Piat Book 51, Page 34, Public Records of Pinelias County, Florida. The function of the appraisal is for internal decision making and marketing of subject site. This is a Summary Appraisaf report which is intended to comply with the reporting requirements set forth under Standa�ds RuEe 2-2(b) of the Unif�rm Standards of Professionai Appraisa) Practice for a Sumrnary Appraisal Report. As such, it presents only sumrnary discussions of the date, reasonic�g and analyses that were used in the appraisal process to develop the opinion of value. Some of the supporting documentation concerning the data, reasoning, and analyses is retained in the office fite. The depth of discussion c�ntained in this report is specific to your needs and for the intended use as indicated below. The signer of this report is not responsible for unautharized use. Furthermore, in accordance with prior agreernent with you, this report is the result of a limited appraisal process and that certain allowable departures from specific guidelines of the Unifotm Standa�ds of Professional Appraisal Practice were invoked. The intended user of this is cautioned that the reliability of the value conclusion provided may be impacted to the degree there is departure fror�� specific guidelines of USPAP. The Departure Provision allows for the elimination of a meaningful approach. As agreed, the Re- placement Cost and the Income Approach were not used as they do not apply to a vacant site. The Market (cornparable sales� Approach is considered to provide the most reliable evidence of value for a vacant site. Client: City of Clearwater, Engineering Adrninistration Appraiser: William H. Caldwell State Certified General Real Estate Appraiser #RZ0000799 Wm. H. Caldwell & Assocs., Inc. 1428-D Gulf-to-Bay Boulevard Clearwater, Florida 34615 Our FiIQ No. F-1702 Value Conclusi�n: $213.500.00 4�8-D Gulf to Bay Blvd., Clearwater, FL 34615 �($13) 441-1527 • FAX (8131 447-0935 �...:,... 's S `� � �� R : � �,� . �`o� �� Clearwater City Commission � � Agenda Cover Memorandum ltem # Meeting Dete: �' �� SUBJECT: Petition for Annexation and Zoning Atlas Arnendment for 1330 Parkwood Street; Owners: Andrew J. Labus & Sherry L. Labus (A 96-10� RECOMMENDATIOIV/MOTION : Approve the Petition for Annexation and Zoning Atlas Amendment to Singfe-Family Residentiai "Eight" (RS-8) for Lot 18, Block A, Pine Ridge Subdivision and pass Ordinances No. 6009-96 and 6010-96 on first reading. ❑ and that the appropriate officials be authorized to execute same. SUMMARY: PROROSED ANNEXATION AND ZONING ATLAS AMENDMENT PROPOSED ZONING DISTRICT Single-Family Residential "Eight" (RS-8) PROPOSED FUTURE LAND USE Not Applicable CLASSIFiCAT10N ► Sewer Service REAS�N FOR REQUEST ASSESSED VALdJE OF SUBJECT PROPERI"Y S 33, 700.00 Reviewed by: Originating Dept: Costs: S M/A Coaa�ission Action: Legat N/A CENTRAL PERMITTING Total ❑ Approved Budget N/A �:,, ❑ Approved w/corxii tions Purchasing N/A $ ❑ Denied Risk Mgmt. N/A User Dept: Current Fiscal Yr. CIS N/A 0 Conti�ued ta: ACM F�nding Source: ❑ Capital Imp. ❑ Operating Advertised: Attachments: Date• 3/9/96 ❑ Other OROINANCES NO. 6009-96 & , �� . , Paper: TAMPA TI2IBUNE 6010-96 ❑ Not Required LOCATION MAP Subsitted tsy: Affected Parties APPLICATION Appropriation Code: City Manager � �� Notified ❑ None � Not Required �� Printed on recycted paper A 96-10 Page 2 E?CISTiNG ZGNING �4ND FUTURE L�4tVD USE QF APPLI�ANT'S AND SURROUIVDIIVG PROPERTIES IN CITY LOCATIO OR FUTURE LAND USE ZONING ACTUAL USE N COUNTY PLAN CATEGORY Subject County Residential Low R-3 single family residential Property North City Residential Urban RS-8 single family residential South City Residential Urban RS-8 single family residential East City Residential Urban RS-8 singfe family residential West County Residential Low R-3 single family residentia! ZONING RESTRICTIONS ► The Engineering Department recommends that the City annexes the abutting rights-of-way of both Parkwood Street and Rollen Road a{ong with this request. ► The Planning and Zoning Board heid a public hearing on this application on March 19, 1996 after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Single-Farnily Residential "Eight" (RS-8j to the City Cornrnission. OTHER REQUIRED REVIEWS AG ENCY Pinellas Planning Council/Countywide Planning Authority f LFlorida Departrnent of Community Affairs ABBREVIATIONS: R�-8 Single-Farnily Residential "Eight" (City} R-3 Single-Family Residential (C�unty) u.p.a. residential units per acre YES I NO x � A9610.c�c PETITION FOR ANNEXATION City Cotnmission City of Clearwater P.O. 8ox 4748 Clearwater, Florida Comm�ssioners: We, the undersigned, being -property, contiguous to the present and situated in an unincorporated hereby request that said property b the City of Clearwater, Florida. , � -. , 5 ,..,,. t � I ��L; � ...�� ' i Cr.._ - . . .. � -t � 1-=•+� ,t: � ,",� . ' � ! all owners of the described real boundariea oP the City of Clearwater, area of Pinellas County, Florida, do e annexed into the corporate limits of We hereby further request that said property be zoned and classified under the Zoning Ordinance of the City of Clearwater, as set forth on the following page. Attached hereto is a current survey of the described property, (if it is unplatted), together with a certificate of ti�le from a title y� company, a copy of the deed or a letter from a licensed attorney setting iorth the names of all persons, firms or corporations owning any interest in the described property. The undersigned have been advised of, understand and in consideration of annexation, utility services, a�d other good and valuable consideration, do hereby agree and covenant as fol7.ows: 1. all structures and impravements which are erected upon said property subsequent to the date of this petiticn f or annexation shall comply with all applicable City of Clearwater regulativns ' and ordinances as set forth in the City Code of ordinances; 2. ta convey such recreation land, recreation facilities and open space land dedication and/or fees in the amount and manner prescribed by Divisian 2 and 3, Chapter 116, Article IV of the Clearwater Code of Ordinances; and 3. when any substandard abutting street or utilities are subsequently upgraded by the City to meet City Stand�rds, said improvement will be done on an assessment .basis� consistent with City procedures therefore. We, tbe undersigned hereby c�rtify that we have rea�; and examined all of the statements and allegations in the foregoing Petf'4ion including attachments and after being duly sworn, deposed and say that such statements are correct, complete and true and voluntarily made with full knowledge thereof. A _ STATE OF FLORIOA COUNTY OF PINELLAS Subscribed and sworn to before me this 1� day of �� 199�• �t, o�-# uaoo�o �r3 o ao� �o �3 a fe�� c.� ao�aa�s t�so ct.�� /s�c�� C�t,,ef�� My Commission Expires: � • � • � � , , � • � � � ' �I AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LaCAT�D SOUTH OF FAIRMONT STREET, C�NSISTING OF LOT 16, BLOCK A, PINE RIDGE SUBDIVISION, 1AMOSE POST OFFICE ADDRESS IS 1330 PARKWOOD STREET, INCLUDING THE ABUTTING RIGHTS-OF-WAY OF 80TH PARKWOOD STREET AND ROLLEN ROAD, INTO TNE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE 80UNDARY LINES OF THE ClTY TO ItJCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE, WHEREAS, the owner of the reai 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 cornplied with all applicabie requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMiSSfON OF THE CITY OF CLEARWATER, FLORIDA: �jQp..1,, The foilowing-described property is hereby annexed into the City of Clearwater and the boundary tines of the City are redefined accordingly: Lot 18, Block A, Pine Ridge Subdivision, according to the plat or map thereof as recorded in Plat Book 28, Page 98 of the public records of Pinelias County, Florida, together with the abutting rights-of-way of Parfcwood Street and Rollen Road. (A96-10) ctior� 2 The provisions of this ordinance are found and deterrnined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easemenfis, parks, rights-of-way and other dedicatiQns 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 Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Se ion 3• This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ardinance, including the map attached hereto, with the Clerk of the Circuit Court and with the Caunty Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certfied copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READINC AND ADOPTED Approved as to fe��sufficie�c� Lesiie K. Dou� Assistant City Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk prdfnance No. 6009•96 �`�I�Yi�w�. 'J 'r--�._'r.�`��.�.-r��, . N � .. � i �r�'f'1 i �' + � �iT �.�.4;„ .j 1`.'�/ '1�.� ��= M�� • �ii,�'••^: '�4'��'��i�f', ii`�:S��y�Yvt �•-`R!,�.�;"xirr:V t Y.s.-.r ��, � C t��'i"' � . r' �► � �.i.�.c t; -��`t l��L'� fr.�t;�:V ,�t� }��:.!, l l��i�: :��ia"i�iC t;ri.M �Y,.,� '' �•i�•� ��•_.. � � ..�-i'.�.`� v.�S.hC��'!��'+r.r�.� ;��'iX. „��j•�-�,'�:.�-::T'��';�`�-��51. t �:y�Y� Yt Z ! :��,..; ��. J, � � �i., � R - ..�'r �? 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'� -„�. +^y' �v� ��3 r.t�C ��.f_.rt `f `� n;.,..•, �+• r.. } '. �p7r��f4}.C��`•!.1:''T.l,Z s� ;,� -� .. k ,.Y�J�.c,�h :;:s;;:e..:� a.JrY:'�#:_ .::.:�... `� ,..�a �� v ...5� ',. ., "i.. irs,•;, � ::;.;: ,:��.. � �� 7 z^�ri:Y��::��i .::i .,. . `7C�.•'i�.R �.Fi:.' ..• i.t�:'- d.L..:'�G....J:..._.,.c}'�.:.. . . �'� �=�� t\..., '.. ROAD $ � , � h �'1 .� ry h � 18 17 16 � H 4 12 11 tp ~ r7^l V 1 2 3 a � 6 7 8 9 � b �r p �1 p �► � v . � � � � � � ROAD g � ; p y �. b oi � � � w � F `� '� ,bti, �i t7 15 14 13 12� 11� 10 9~ li� � 3 4 5 6 7 8 �� x � � . o �� ; � � � -- _ - '---' '.5��; ` � � '.��. �.�r �.i� �. `�� PR� POSED AIVN EXATD� N AtV I] ZO I� I IV G OWNER: Labus, A J& SL A: 96-10 ADDRESS: 1 330 Parkwood St PROPERTY DESCRIPTION: ZONING Lot 1 8, Bik A, Pine Ridge COUNTY: R-3 CITY; R S 8 ACRES: 0.18 RIGHT-of-WAY: ACRES: ATLAS PAG�: 269B SEC: 10 TWP: 29 S RGE: 15 E PLANIlIING AND ZONING BOARD CITY COMMISSION . � . • � � � �T�[!�-�►j��:�1 1 • . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED SOUTH OF FAIRMONT STREET, CONSISTING OF LOT 18, BLOCK A, PlNE RIDGE SUBDIViSION, WHOSE POST OFFICE ADDRESS IS 1330 PARKWOOD STREET, INCLUDING THE ABUTTING RIGHT�- OF-WAY OF BOTH PARKWOOD STREET AND ROLLEN ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 8(RS-8); 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: �ecti n 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: ' •!-t� Lot 18, Block A, Pine Ridge Subdivision, according to the map or plat thereof as recorded in Plat Book 29, Page 98, of the public records of Pinellas County, FL , together with the abutting rights-of-way of Parkwood Street and Rollen Road. (A96-10) _�� t� � in Single-Family Residential 8 (RS-8) �. The Central Permitting Director is directed to revise the zoning atlas of the Cit�r in accordance with the foregoing amendment. ��. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6009-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: . _ Leslie K. Dougall-Sid sst. City Attomey Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordlnance No. 6010-96 : ��:... . ;t��:... . . .. ... � . � ,, •; ; r'� �'.�..�� - � _ _ �',. j • rt—�:� :f. .� l'Lr� .r , _♦ ...�+ 1/+ � ♦ \� � ;j1 � + . . � . ,`a�..MtJf� 1,.��' ��•{ �, '�: y » ♦I.�' / � �+.. �� .,;.. ' j: 7�^ rt.:+j�'_ ��-�'�,. :� � � .: ��,� �1 � �. � i., � `�!: � „�/ ' i • ' � • 'R � ,,-� �f � �... .. I •_� � c . r. � � . . ' ...� 1 ^ .` •. � i .�•� v !'.:I � � �J�i •,- <r. ^� •; � ,i 1 � � . , t,. � r ,;._ •. � . -' � -. . '�. � . .� r • ' / � � � r• �� i� �` � , ��/' �, ��.��{ ;. . .•y ... . '' . ��ii� � ~ �' ' � .. '� �� J� � G� � ... .. ( , V. ' � = � . '` - .'� `�� ♦.ti�wryr.W� 'r. .•.� f �'.i . �� ' � ^ y i, . . � ; � 1 : .r � , ,.� � '►.�4'. � l: . «�. :1. � :.4.'�..i, � . , ��•�� t' . �� ; . ..:;i' � � i . .. `= . �tij'.tt• � �.�, c TC � � • �, t�'. � t._ � ::'e_:�" r.; , �..,y,; .. •.-J. .1{ r ~ `.. ��,/ri �X�r:�t... 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Clearwater City Commission Agenda Cover Memorandum Item # Meeting Date: �� y � �f � G � SUBJECT: Petition for Annexation and Zoning Atlas Amendment for 1231 North Hercules Avenue; Owners: Daniel M. Macre & Annette Macre (A 96-11) RECOMMENDATION/MOTION: Approve the Petition for Annexation and Zoning Atlas Amendment to Limited Industriat (IL) for M& B 13-06 in Section 12-29S-15E and pass Ordinances No. 6011-96 and 6012-96 on first reading. ❑ and that the appropriate officials be authorized to execute same. SUMMARY: PROPOSED ANNEXATION AND ZOtVING ATL�4S AMENDMENT PROPOSED ZONING DISTRICT Limited Industrial (IL) PROPOSED FUTURE LAND USE Not Applicable CLASSIFICATION s Sewer Service REASON FOR REQUEST ASSESSED VALUE OF SUBJECT PROPERTY S 79, 300.00 Revieti+ed by: Originati�q Dept: Costs: S N!A Coamission Action: Legal N/A CENTRAL PERMITTING Totat ❑ Approved Buclget N/A t7 � ❑ Approved w/conditions Purchasing NIA $ Risk Mgmt. NL Current Fiscal Yr. � Denied CIS N/a User Dept: ❑ Continued to: ACM F�nding Source: ❑ Capital Imp. Advertised: � Operating Attachments: Date• 3/9/96 � Other ORDINANCES N0. 6011-96 & r"� Paper: TAMPA TRIBUNE 6012-46 ❑ Not Required LOCATION MAP Sub�aitted by: Affected Parties APPLiCATION Appropriatia► Cocle: City Monoger � � Notified O None C] Not Required � Printed on recycled poper EXISTING ZONiNG AND FUTURE LAND US� OF APPLICANT'S AND SURROUtVDIi�G PROPERTIES IN CITY LOCATIO OR FUTURE LAND USE ZONING ACTUAL USE N COUNTY PLAN CATEGORY Subject County Industrial Limited M-I Business service Property North County lndustrial Limited M-I Light manufacrturing & industry County Industrial Limited M-I Light manufacturing & South industry City Industria� Limited IL Limited industry East County lndustrial Limited M-I Light manufacturing & industry West County Industrial Limited M-2 Heavy manufacturing & industry ABBREVIATIONS: IL = Limited Industrial (City); M-I = Light Manufacturing & Industry (Cou M-2 = Heavy Manufacturing & Industry �County). ZONING RESTR1CTiONS DESCRIPTION IL EXISTING REQUIREMENTS Lot Area 20,000 sq. ft. minimum 16,215 sq. ft. m.o.l Lot Width at setback 100 ft. minimum 72 ft. line Depth 100 ft. minimum 150 ft. Floor Area Ratio 0.75 maximum N/A A 96-1 1 Page 2 nty) & ► The property is currently used as a business service center which is a permitted use in the Lirnited Industrial zoning district and will be compatible with the Countywide Land Use Plan Clas�ification of lndustrial Limited. According to the Community Response Tearn, the present signs on the property will comply with the City Sign Code. ► The Planning and Zoning f3oard held a public hearing on this application �n March 19, 19�6, after which they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Limited Industrial (IL) to the City Commission. OTHER REQUlRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X City Commission City of Clearwater P.O. BoX 4748 Clearwater, Florida Commissioners: PETITZON FOR AAINE]L}�TIdN i`'`-:; '�+•';;;5��j'.y7jYj'��'� -% � : ' b ..��?.it ' r I�') 1 . .. . ., , ; �. I � !� �p{� � :,r�' �r � [ • � . �t f �i1 i � ^r. � v`/ cEr�rR�� = - � � ---.,. , ClTY OF CL�; ..� : ; We, the undersigned, being all owners of the described real �property, contiguous to the present boundaries of the City of Clearwater, and sit�ated in an unincorporated area of Pinellas County, Florida, do hereby request thafi safd property be annexed into the cvrporate l�mits of the City of Clearwater, Florida. We hereby further request that said property be zoned and classified under the Zoning Ordinance of the City of Clearwater, as set forth o� the following page. Attached hereto is a current survey of the described property, (if „ it is unplatted), together with a certificate of title from a title � company, a copy of the deed or a lettez from a licensed attorney settinq forth the names of all persons, firms or corporations awning any interest in the described property. The undersigned have been advised of, understand and in consideration of �nnexation, utility services, and other good and valuable consideration, do hereby agree and coyenant as follows: 1. all structures and improvements which are erected upon said property subsequent to the date of this petition for annexation shall comply with all applicable City of Clearwater requlations � and ordinances as set forth in the City Code of Ordinances; 2. ta convey such recreation land, recreation facilities and open space land dedication and/or fees in the amount and manner prescribed by Division 2 and 3, Chapter 116, Article IV of the Clearwater Code of Ordinances; and 3. when any substandard abutting street or utilities are subsequently upgraded by the City to meet City Standards, said improvement will be done on an assessment .basis, consistent with City p�cocedures therefore. We, the undersigned hereby certify that we have read and examined all of the statements and allegations in the foregoing Petition i�cluding attachments and after being duly sworn, deposed and say that such statements are carrect, complete and true and voluntarily made with full knowledge thereof. /� .i / � �. /�� / . STATE OF FLORIDA COi3NTY OF PINELLAS Subscribed and sworn to before me this � .-a.,�l� rj�day of � ;r� • �.�1 . ' � 199 t•!v �^^;:�ission F.�:Qi.rec: � ► � \ M ► ► • • I ' • AN ORDINANC� OF THE CITY OF CLEARWATER, FLORIDA, ANNFJCING CERTAIN REAL PROPERTY LOCATED SOUTH OF RANGE ROAD, CONSISTING OF M&B 13-06 IN SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1231 NORTH HERCULES AVENUE, INTO THE CORPORATE LlMITS OF THE CITY, AND REDEFINING THE BUUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and d�picted on the rnap attached hereto as Exhibit A has petitioned the City of Cleacwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requireme�ts of Florida {aw in connectio� with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE ClTY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit B attached. {A96-11) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of a11 easements, parks, rights-of-v�ray 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 Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. S,,gction 3. This ordinance shall take effect irnmediately upon adoption. The Cit�r Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerlc 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 UN FIRSi" READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: , � � ,, l� I � Les{ie K. DougaN-Sides Assistant City Attomey Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk 0�•dtnencc No.6011•96 `� • '�� , ` .. . - �:r• �;:r ry,• �*•��; '� "4�:�. �1It7.ti,.c;'a.',��,r�k�;?r. i., ��Yw,�7.�,'�.';F7�'f':.'�,I(/��' .?.' :,-'. 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(. �' :� :�'r' �•.;� • ` r , � � � ., . . , .. _. . ��. .. a�� : ; ' �..''•' �,►�;? r ,�; los9 `?'3'/T t 3/141 � roes 13/13 13/131 �' �+Y. ftf . . .�' `, J ; i'�AS, � �J 1 •�: �: \ �. ;,�_�."'h+v.�, ��- ._ '.` � J%% ti l065 1062 /037 JOBO a ��' �.'t'. r,�,��.,,i-• • t_�it�rr.�_�7�? ,��,. � � � � � `;�� .C:�:".l�i;•1 , j'. �� '�{i�yy �R .:� \ . � : . , : L ��;;��`1 i'; � � ��r'.. �, � �" . . � N." •I: �.. _��?�. •�' "{�Yr"� a 4 . ;'A : �� .r ' i' ? {. ` .��'." t. . : t�� \ \ : � � ; -��.�;; � �.-��„;�; ;f . � \ � _ . . ; � �o,„a„r' � . _ � �`: y� �_..�i1I : � � cLEARw�TER ; Ir � �� \ � _ _� t (� Cat• Sta � � lO10 1060 i068 CtiAR WA TER 0 - . - • . ;i . �3/15 r • :. �. .� .': ]3ftfi 13J'1,':'.13%t8.:, �oo� , ; � : � _ ' �� . s�� . . 3 iv%o � l053 7060 O1oSt f05♦ �oso Q . • � . 13/201 �0�0 = CLEARwA 1ER � � `• 13/18.: '. � 13/2D � o 60 • :r, � � f;�i1�'L�iT] n O t x 6C �� PROP�SED AiVNEXATfOtV AIVD ZONlIVG OWNER: Macre, D& A A: 96-11 ADDRESS: 1231 N. Hercules Av PROPERTY DESCRIPTION: ZONING M&B 13.06 COUNTY: M-1 CITY: IL ACRES: 0,37 RIGHT-of-WAY: ACRES: ATLA5 PAGE: 271 B SEC: 12 TWP: 29 S RGE: 15 E PLANNlNG AND ZONING BOARD CITY COMMISSION 1:': X `'t t �� ► ��- � .; . . � � •� From the Northwest comer of the Southwest 1/4 of the Northeast 1/4 of S�ction 12, Township 29S, Range 15E, run thence S 00°16'S9' W, along the North and South 1/Z sedion line� 280.0 ft; thence S 89°09'59" E, 233.0 ft. for a point of beginning; thence continue S 89°19'59' E. 50.00 ft., thence S 00°16'S9" W, 127,0 ft.; thence S 89°19'S9' W, 33.0 ft; thence N 00°16'59' E, 55.0 ft; thence N 89°19'59' W, 17.� ft.; thence N 00°16'59" E, 72.0 ft. to the point of beginning. together with: The South 72.0 ft. of the West 200.0 ft. of the Wsst 650.0 ft. of the Narth �52.d ft. of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East. less and except the right-of-way of County Road #34 (Hercules Avenue) along the West side and the right- of-way of County Road #284, along the North side thereof; situate� lying and being in the County of Pinellas, State of Florida. EYUTB�T B Ordlnanca No. 601� 96 • � � � � � � • . 1 ' . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDiNG THE 20NING AT1�1S OF THE CITY �Y ZONING CERTAIN REAL PROPERTY LOCATED SOUTH OF RANGE ROAD, CONSISTING OF M&B 13-06 IN SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1231 NORTH HERCULES AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LIMITED i NDUSTRIAL (I L); PROVI DI NG AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set fo�th in this ordinance is found to be reasonable, proper and appropri�te, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAtNED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: , Section 1. The foltowing 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: ' �!-N See Exhibit A attached. (A96-11) •� • � t+i Limited Industrial (IL) �ection 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing arnendment. ��.�tio� 3. This ordinance shall take effect irnmediately upon adoption, contingent upon and sUbject to the adoption of Ordinance No. 6011-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: . .� � Leslie K. Dougall-Sid Assistant Gity Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau Clty C le rk . Ordlnance No. 6012-9� . : . ► From the Northwest camer of the Southwest 1/4 of the Northeast 1i4 of Section 12, Township 29S, Range 15E, run thence S 00°16'59" W, alang the North and South 1/2 section line� 280.0 ft; thence S 89°09'59" E, 233,0 ft. for a point of beginning; thence continue S 89°19'59" E� 50.00 ft.� thence S 00°16'59" W, 127.0 ft.; thence S 89°19'59' W, 33.0 f�; thence N 00°16'S9" E, 55.0 ft; thence N 89°19'S9" W,17.0 ft.; thence N 00°16'S9" E, 72.0 ft. to the point of beginning. together with: The South 72.0 ft. of the West 200.0 ft. of the West 65Q.0 ft. of the North 352.0 fi. of the Southwest 1/4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East, less and except the right-of-way of County Road #34 (Hercules Avenue) along the West side and the righ#- of-way oi County Road #284, along the North side thereof; situate, lying and being in the County of Pinellas, State of Florida. EXHIBIT A Ordlnance No. 6012-98 � ' � � �,J � V � ` � __�-"'�� " �� ,t . �� . � � ' . . . , '6'� 1 'i S .€ .��: -z i ■ •;�i►:►•� ►• '.1: • AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING/CREATING SECTIONS 42.26(6), CODE OF ORDINANCES, TO ALLOW FENCES ENCLOSING SaJ]QVIMING POOLS UP TO FOUR FEET HIGH WITHIlV WATERFRONT SETBACK AREAS AND STREET RIGHT-OF- WAY SETBACK AREAS; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �,ction l. Section 42.26(6), Code of Ordinances, is amended to read: Sec. 42.26. Fences and walls. * * * * * (6) Height. Fence and wall heights shall be measured from existing, or natural, grade and, except as may otherwise be provided in subsection (9) of tt�is section, shall be in accord with the following: (a) Fences and walls shall not be permii�ed on any waterfront pmperty within the structw�l setback azea adjoining the water, whether such setback is measured from mean high water, the coastal construction control line or the rear property line. However, nonopaque fences located within ten feet of the edge of any swimining pool shall be petmitted to a ma�cunum height of four feet 4�-�es. (b) Fences and walls shall be permitted to a maximum. height of 30 inches withi.n a structural setback area from a street right-of-way where the property is addresse€i firom such right-of-way. However, nonopaque fences located within ten fdet of the edge of any swimming pool shall be permitted to a maximum height of f� � 4�ie-�es. ��Ii4�. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Ordiimncc No. S90&93 t.,�. - „ - � ��Iis�. This ordinance shall take effect unmediately upon. adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and tegal sufFiciency: . � Leslie K. Dougall-Sid s Assistant City Attorney 2 March 21, 1996 Rita Garvey Mayor-CornrnissYOner Attest: Cynthia E. Goudeau City Clerk o�a;�x Ho, s9o�s ; :, � �� ►�► �• • 1 •• AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, REIATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTI4N 42.21, CODE OF ORDINANCES, TO PROVIDE FOR tA�IPROVED CLARITY CONCERNING THE AP�LICATION OF LAtJDSCAPING AND PARKING STANDARDS FOR NONCONFORMITIES, AND TO ALLOW NONCONFORMING HEIGHTS TO BE RETAINED AT PRIOR NONCONFORMING LEVELS IN THE EVENT OF DAMAGE, DESTRUCI�ION OR RECONSTRUCTION TO AN EXTENT EQUIVALENT TO OR GREATER THAN FIFTY PERCENT OF APPRAISED VALUE; PROVIDING AN EFFECTIVE DATE, 8E IT ORDAINED BY THE CITY COMMiSSiON OF THE CITY OF CLEARWATER, FLORIDA: Se�tion 1. Section 42.21, Code of Ordinances, is amended to read: Sec, 42.21. Nonconformities. (1) Purpose. It is recognized that, over time, Iawful nonconformities rnay develop as a result of amendments to the zoning atlas or land deve{opment code which change the application of city developrnent regulations to particular properties. It is important that such properties, while nonconfonning, be adequately maintained and permitted to continue, but not expanded or enlarged. Where possible, such nonconformities should be made, wholly or incxernetally, conforming. (2) Application. The provisions of this section apply only to lawful nonconformities, except as noted below, Unlawful nonconformities are consider�ed violations of this development code. Nonconformitiss associate�d with signs are not govemed by this section� but are governed by chapter 44. (3) Definitions. As used in this section� the following terms have the rneaning ascribed to them below: (a) Dimensiona! nonconformity means any nonconforrnity invotving a dimensional or numerical development requirement. This may include, without limitation, nonconformities associated with density, lot area, lot width, lot depth, setbacks, height, floor area ratio, building coverage, open space, number of parking spaces, size of parking spaces or travel aisles, landscaping area or material requirements, vegetative buffe� width, flood elevation or protection requirements, coastal construction control line setbacks, or separation requirements between particular uses or zones. (b) Lawful nonconfofmity rneans any nonconformity involving a dimensianal or �umerical requirement or use of property� that affects a structure erected or a lot cr�ated in conformity wiih the then-appticable development requirements of the �_� � city, but subsequently made nonconforming by action of the city through a zoning atlas or land development code arnendment. (c) Nonconforming use means any nonconformity involving the use of property. This may include, without lirnitation, nonconformities associated with a use not perrnitted in the zoning district in which it is located, or a use conditionally allowed in the zoning districts in which it is located but for which no conditional use permit has been obtained, (4) Dimensional nonconformities. (a) Vacant land having one or more dimensional nonconformities may be used for any pem�►itted or conditional use allowed in the zonin� district in which the land is located provided that any structure proposed for the use meets all applicable dimensional and nurnerical requirements. (b) Structures having one or more dirnensional nonconformities may be used for any permitted or conditional use allowed in the zoning district in which the structure is located. and �non any c.�ang�in such use shall com�ly with the renuirPments af the IandscaRlpa�and_ ��ina standards of sections 42.27 and 42.34. re� ectivelv. Such structures may be expanded or enlarged, provided the extent of the applicable nonconformity is not increased or new nonconformities are not created. If damaged, destroyed, or reconstructed to an extent equal to or greater than fifty percent of their appraised value, such structures shall meet ali applicable dimensional and numerical requirements, except hei9ht• density or floor area ratio which may be retained at ihe prior nonconforming level but not increas�d. (5) Nonconforming uses. (a} A nonconforming use is allowed to continue unless the use is discontinued for a period of 365 or rnore consecutive days, and there are no substantial good faith efforts to re-establish the use during this period. Thereafter, the structure or property associated with the use may be used only for a conforming use. Conditional uses discontinued for a period of 365 or more consecutive days shall be regarcied as nonconforming uses and shall not be re-established without new conditional use permit approval. (b) If a structure in which a nonconforming use is located is damaged, destroyed, or reconstructed to an extent equal to or greater than fifty percent of the structure's appraised value, the structure shall be reconstructed in conformance with all applicable dimensional and numerical requirements, except that a nonconforming single-family residential use may be reconstnacted within the associated structure's originat setbadcs. (c) A nonconforming use may be allowed to be replaced by another nonconforming use of lesser intensity upon approval of a conditional use permit by the planning Ord(nance No. 69T0-96 2 and zoning board. In addition to finding that the proposed conditiona) use meets the generai standards of approval for conditional uses of section 41.052, the board shail also find that the proposed use is more nea�ly compatible with the suROUnding properties than the nonconforming use which it repiaces, as measured by t�affic or noise generation, site activity, hours of operation, and other factors that the board finds relevant to differentiate between the uses. �ection .2. The provisions of this ordinance are found and deterrnined to be consistent with the City of Clearvvater Comprehensive Plan. ection 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: � . � � -- �<< Leslie K. Dougall- 'd s Assistant City Attomey 3 March 21, 1996 Rita Garvey, Mayor-Commissioner Attest: Cynthia E.Goudeau . Cit�r Clerk Ordlnance No. 5970-96 �►� ►:► ►• ;.. .� AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED NORTH OF SUNSET POINT ROAD, CONSISTING OF M&8 24-05 IN SECTI�N 5, TOWNSHIP 29S, RANGE 16E, AND LOTS 2� 3 BLOCK B, ROBINWOOD SU�DIVlSION, WHOSE POST OFFICE ADDRESS IS 1920 SOULE R�AD, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY L1NES OF THE CITY TO INCLUDE SAID ADDITION; PROViDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirernents of Florida law in connection with ihis ordinance; now, ther�fore, BE IT ORDAINED BY THE CI'il' COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into the Cit�r of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit B attached. (A96-04) �ion 2. The provisions of this ordinance are found and determined to be consisterrt with the City of Clearwater Comprehensive Plan. The City Cornrnission hereby acoepts the dedication of all easements, parks, rights-of-way and other dedica#ions to the public which have heretofore been made by plat, deed or user within the annexed property. The Ciiy Engineer, the City Clerk and the Central Permitting Director are directed ta include and show the property described herein upon the official maps and records of the City. Section �. 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 ce�tified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL RE�4DING AND ADOPTED Approved as to form and legal suffiaency: , - .- �. ' � _ - - -� . �. � Leslie K. Dougall-Sidqs Assistant City Attomey March 21, 1996 Rita Garvey Mayor-Comrnissioner Attest: Cynthia E. 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IC-►�t .17 }�r �'-.. .:%r7�.�' .^�� '. __.u3 ..• _ �1�.'��2sa?i-�•--•�•-,?�,/�'_'c:Y`►.�.'!�t:�:c:�l rio �v `� � ;� � . r,u•��;�_ ; .+,7.`'1`�.; :.:; %st �. �- i� ��,:� ;��-_f= ; _ _. .. . . , . � . . ., . , � � : 1 �, ��.1 � � ,t a 'a, '� �� v - � � � � . : � � ► Lots 2 and 3, Biock B, of Robinwood Subdivision, as recorded in Piat Book 52, Page 99, of the public records of Pinelias County, Florida; together with a part of the NW 1/4 of Section 5, Township ` 29S, Range 16E, being further described as foliows: Begin at the center of Se�tion 5, Township 29S., Range 16E., run thence N. 00°18'16"E., along the N/S 1/2 Section Line, 305.15 feet; thence N.89°34`45' W.� 128.10 feet; thence N.00°25'15"E. 160.00 feet; thence N.89°34'45" W., 5.22 feet to point of beginning; thence continue N.89°34'45" W., 70.00 feet; thence N.31 °24'06" W., 147.33 feet to a point of intersection with a curve, thence along said curve to the left, radius 100.00 feet, arc 50.54 feet� chord 50.00 feet, chord bearing N.44°07'31" E., thence S.83°50'44" E., 113.40 feet; thence S.00°18'16" W., 150.00 feet to the point of beginning. Exhibit B ' , � Ordlnanca No. 6993•96 �' �� ►�► ►� ... .� AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMEiVDING TFiE ZONING ATLAS OF THE CITY BY �ONING CERTAIN REAL PROPERTY LOCATED NORTH OF SUNSET POINT ROAD, CONSISTING OF MB�B 24-05 IN SECTION 5, TOWNSHIP 29S, RAtdGE 16E, AND LOTS 2 8 3, BLOCK 8, ROBINWOOD SUBDIViS10N, WHOSE POST OFFICE ADDRESS IS 1920 SOULE ROAD, UPON ANNEJ(ATION INTO THE CITY OF CLEARWATER, AS LIMITED OFFlCE (OL); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning disfirict classification as set forth in this ordinance is found to be reasonabie, proper and appropriate, and is consistent with the City's comprehensive pian; now, therefore, BE fT ORDAINED BY THE CITY COMMISSIO�f OF THE CITY OF CLEARWATER, FLORIDA; Sectioi�.�.. 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 Cit�r is amended, as follows: ' • •: t� See Exhibit A attached. (A96-04) •� �• � �n Limited Office - OL Section 2. The Central Permitting Director i� directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect irnrnediately upon adoption� contingent upon and subject to the adoption of Ordinance No. 5993-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED March 21, 1996 Rita Garvey Mayor-Commissioner Approved as to form and Attest: legal sufficiency: , /� �!� �� ,. .,:, Leslie K. Dougall-Side� ' Cynthia �. Goudeau Assistant City Attomey �ity Clerlc Ordlnanca No. b994-96 . . : � � �1 Lots 2 and 3. Block B, of Robinwood Subdivision, as recorde�d in Plat 800k 52, Page 99, of the public records of Pineilas County, Florida; together with a part of the NW 1/4 of Section 5, Township 29S, Range 16E, being further described as follows: Begin at the center of Section 5, Township 29S., Range 16E., run thence N. 00°18'16"E., along the t�US 1/2 Section Line, 305.15 feet; thence N.89°34'45' W., 128.10 ieet; thence N.DO°25'15"E.160.00 teet; thence N.89°34'45' W., 5.22 feet to point of begin�in�; thence continue N.89°34'45" W., 70.00 feet; thence N.31 °24'06' W., 147.33 feet to a point of intersection with a curve, thence along sald curve to the left, radius 100.�0 feet� arc 50.54 feet, chorci 50.00 feet, cho�d bearing N.44°07'31' E., thence S.63°50'44' E., 113.40 feet; thence S.00°18'16" W., 150.00 feet to the point of beginning. 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'.i�:i�� 13/Oi �;`��..�M��..�'fi ;.��r'r�:t�yJJ� .� ��.� �i••►.•�i...11''?f4t: ,.�.'';��sl . 5�❑ �Ni�Fi�l�� , . ,,. , . , . _._.. ��.__.� _. _ _ -- — �. � ..__—._ � �.,__ .=:_�_� CRES: 0.75 CRES: 16E 94 �-9 b ..,�.. �i� ►:,► ►� •• ,� AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF RiQGEMONT ORIVE AND NORTH OF RAYMONT DRIVE, CONSISTING OF LOT 93, SKYLINE GROVES, WHOSE POST OFFICE ADDRESS IS 1933 SUMIIIIIT DRIVE, INTO THE CORPORATE LIMITS OF TNE 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 h�reto as Exhibit A has petitioned the City of Ciearwater to annex the property into the City pursuant to Section 171.044, F'lorida Statutes, and the City has complied with all applicable �equirements 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 93, Skyline Groves, according to the map or plat ihereof as recorded in Plat Book 44, Page 22, public records of Pinellas County, Florida. (A96-06) �ection 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive P(an. The City Commission hereby accepts the dedication of all easernents, 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 Central Permitting Director �re directed to include and show the property described herein upon the afficial maps and records of the City. Section 3. This ordinance shall take effect imm�diately upon adoption. Tlie City Clerk shall file certif�ed c�pies of this ordinance, including the map attached hereto, with the Cleric 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 PAS�ED ON SECOND AND FINA� READING AND ADOPTED Approved as to form and legal sufficiency: �� ' � �- �� Leslie K. Dougal!-Sj s Assistant City Attomey March 21, 1996 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordlnance No. 5995.86 OWNER: Graham, R K& W J ADDRESS: 1933 Summit Dr COUNTY: C1Tlf: ATLAS PAGE; 2548 Z NIN R-3 RS 8 PLANNING AND 20NING BOARD ��o�o�� Nn��x��r��v AND ZON�NG � •. i. PROPEATY DESCRiPT10113: Lot 93, Skyline Groves RIGHT-of-WAY: ACRES: 0.17 ACRES: SEC: 06 TWP: 29 S AGE: 16 E CtTY COMMtSS{QN�� EXHIBIT A Grdinance t3o. 5995-96 � i � ► � ► ► � • •• � • AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATI.AS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LUCATED WEST OF RIDGEMONT DRIVE AND NORTH OF RAYMONT DRIVE, CONSISTING OF LOT 93, SKYLINE GROVES, WHOSE POST OFFICE ADDRESS IS 1933 SUMMIT DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL 8(RS-8); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is tound to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, the�ef�re, 6E IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �ij,Qp.�. 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 arnended, as follows: ` � •: �� Lot 93, Skyline Groves, according to the map or plat thereof as recorded in Plat Book 44, Page 22, public records of Pinefias County, Florida. (A9E-Ofi) •� �! � �n Single-Family Residential 8 - RS-8 Sectio,rL2. The Central Permitting Director is directed to r�vise the zoning atlas of the City in accordance with the foregoing amendment. �ection �. This ordinance shall take effect immediately upon adoption, contingent upon and subject to th� adoption of ardinance No. 5995-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: � J r �' . ` ? .� � . Leslie K. Dougal -Sid s Assistant City Attom y March 21, 1996 Rita Garvey Mayor-Commissioner � Attest: Cynthia E. Goudeau City Clerk Ordlnance No. 6998•9a �----�'�"; . � ; - •••` �� .'� ; �: � � � • �� .4t ; r'� '�' � •. -'=� , . rf' ,.. o:.� � �. � Y �• ti� .r�, 1•' 1 � l� ^� ,v . �ti .r. ' _r . .:, `� _ `,- .N:~, ,, � � t - � .. - _: ., � ' •� I - . '1 , �.e - ♦ . L . w • i• � 4' •�^. •- � ' ::;:.—. �: •' ,.; -. .- lYl1 • , . .. �,� ;�0 • i . ., f' � ' s - � W, ��7 � — s• 1 � •r„� . , � r :'• . L • � . • � `� ..� , � ?�tY�i �',� �� ::j .y 4 ,. - :. ;, � . ! fI S RAY±�IQUT ,� � .��' �� T`::: . . . ;� . •�•-. • . : : � _ �?; ;.4:�': 3 ��' « ��1 �52 ... � z�, ,? '��•e ' � � .�'_ �i� t" � :.. . .•.- 7� - -I SO r-.+.� � i�!"�• � .•_ ' ~✓• �'3� • . �� ; � ' r►r. �c'' i. ",' _ ' `` �` � 47 4s �3/oa : • i.'. ;; � " �: %y: . � :Y .'vr.; � � ,z; "�:�;' `'"� � . `_� ; � . f :�. . � _ � � .. . -. .r-• - �'�s� 50 .�i M M � �. z_ OWNER: ADDRESS: coun�nr: CiiY: G�ar^. s.'v . Graham, R K& W J 1933 Summit Dr Z NIN R-3 RS 8 ATtAS PAG�: 2546 PLANNING AND Z�tVING BOARD _� � � PR�PO�ED pit11�1dIEXAI"IOtV AIV D ZC� tVl t1� G � •. �. PROPERTY DESCRIPTION: Lot 93, Skyline Grodes ACRES: 4.17 RIGHT-of-WAY: ACRES: SEC: a6 TWP: 29 S RGE: 16 E CITY COMMISS10fV � Ordinance No. 5996-96 � QRDINAN�� N4. 599'�96 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAI. PROPERTY LQCATED ON THE NORTH AND SOUTH CORRIDOR OF IANDMARK DRIVE, CONSISTING OF LOTS 1 AND 2, BLOCK A, DELLW04D HEIGHTS SUBDIVISION, TOGETHER WITH THE ABUTiING RIGHT-OF-WAY TO THE WEST OF LOT 1, AND M&8 23-021 IN SECTI�N 9, TOWNSHIP 29S, RANGE 16E, INTO THE CORPORATE LfMITS OF THE CITY, AND REDEFtNING 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 Ciearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has cornplied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CiTY COMMISSION 4F THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-ciescribed proper#y is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined acco�dingly: Lots 1 and 2, Block A, Dellwood Heights* according to the map or plat thereof as recorded in Plat Book 10, Page 15, public records of Pinellas County, Florida, together with the abutting right-of-way to the West of Lot 1; and Westerly 70 feet of that part of West 210 feet of the Southwest 1/4 of the Northwest 1/4 of Section 9, Township 29 South, Range 16 East, lying Northerly of the right-of-way of the Seaboard Coast Line Railroad Cornpany, formerly the Tampa and Guff Coast Railroad, Pinellas County, Recards. (A96-07) �ection 2. The provisions of this ordinance are fvund and deterrnined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parlcs, rights-of-way and other dedications to th� public which have heretofore been made by p(at, deed or user within the annexed property. Tfie City Engineer. the City Clerlc and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. ,�s,tion 3. This ordinance shall take effect immediately upon adoption, The City Clerk shall fiie 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. Ordinance No. 5997•96. ■ _, PASSED ON FIRST RE4DING PASSED ON SECOND AND FINAL READING AND ADOPTED Apprqved as to form and le sufficienc � :� . - , .: , ,(� . Leslie K. Dougail-Si s Assistant City Atto' y March 21, 1996 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau Cit�r C{erk �.J Ordtnence No. 5997•96. �11 r 0 � i s .�s� 1 � � PR�POSED /�tVt19f��►T'IOIV AfVD Z� Ni IVG OWNER: City of Clearwater ADDRESS: Z NIN COUNTY: A�1-A-E �2-AE CITY: �1-OL �2-Il A7LAS PAGE; 274A PLANNING AND ZONING B4ARD f:XHIRIT A I ` - �--� .�„- .� ...� - - . � : � � A: 96-07 PROPERIY DESCRIPTt�N; �t . Lvts 1& 2, 81k A, Deliwood Heights and ROW on 1+'Vest. �2, M&B 23.021 ACRES: 0. �4 RIGHT-of-V61AY: SEC: 09 TWP: 29 5 RGE: 16 E ACRES: CITY COMMI�S10fV Ord in�1T10E' No, 5991-96 �:�l:T:► ►• •�•: •� AN ORDINANCE OF THE ClTY OF CLEARWATER, FIORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH AND SOUTH CORRIDOR OF IANDMARK DRIVE, CONSISTING OF LOTS 1 AND 2, BLOCK A, DELLWOOD HEIGHTS SUBDIVISION, TOGETHER WITH THE ABUT-fING RIGHT-0E-WAY TO THE WEST OF LOT 1, AND M&B 23-021 IN SECTION 9, TOWNSHIP 29S, RANGE 16E, UPON ANNExATION INTO THE �ITY OF CLEARWATER, AS LfMiTED OFFICE (OL) FOR PARCEL 1, AND LIMITED INDUSTRIAL (IL) FOR PARCEL 2; PROVIDING AN EFFECTIVE DATE. , WHEREAS, the assignment of a zoning district ciassification 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 TF-lE CITY COMMISSION OF THE CITY OF CIEARWATER, FLORIDA: �s,tion 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: ' � •: �� See attached Exhibit A. (A96-07) •t 1! � l�i Parcel 1 - Limited Office (OL) Parcel 2 - Limited Industrial (IL) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shal! take effect immediatefy upon adoption, contingent upon and subject to the adoption of Ordinance No. 5997-96. PASSED ON F1RST RFJ�DING PASSED ON SEC4ND AND FINAL READING AND ADOPTED Approved as to form and I al�sufficiency: _ ,. , �. , i - ; . • � �,��. Lesli� K. Dougall-Side Assistant City Attomey March 21, 1996 Rita Garvey, Mayor-Cornrnissioner Attest: Cynthia E. Goudeau City Clerk Ordlnance No. 6996-9d ! , . � � - �� Lats 1 and 2, Block A, Deliwood Heights Subdivision, according to the map or piat thereof as recorded in Plat Book 10, Page 15, public records of Pinelias County, Florida, tagether with the abutting right-of-way to the West of Lot 1. AND Westeriy 70 feet of that part of West 210 feet of the Southwest 1/4 of the Northwest 1/4 of Section 9, Township 29 South, Range 16 East, lying Northe�ly of the right-of-way of the Seaboard Coast Line Raiiroad Company, formerly the Tampa and Gulf Coast Railroad, Pinelfas County, Records. � Exhibit A Ordlnanc� No. 6998•S8 � � r- 1 � S OWNER: ADDRESS: COUNTY: cinr: PROP4SEt3 AtVtVEaCATt�iU AtV D ZO iVl�'VCai City of Clearwater ZON{N #1-A-E �2-AE �1-OL �2-{L AT1AS P1�GE: 274A PLANINit1lG AND ZOMIfVG BOARD i s — ..Y_� ^ • A: 9f _07 PROPERTY DESCRIPTjpN: #1. Lots 1& 2, Bik A, Deliwood Heights and ROW on West. �2. M&B 23.021 RiGNT-of-WAY: ACRES: 0.84 ACRES: SEC: 09 �'V1IP: 29 S RGE: i 6 E CITY COMMIS51aN Ordinance No.5998— �j�� ►�► ► • ... .� AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LC?CATED WEST OF SUNSHINE DRIVE, CONSISTING OF A PORTION OF MB�B 12- 011 tN SECTION 12, TOWNSHIP 29 SGUTH, RANGE 15 EAST, WHOSE P4ST OFFICE ADDRESS IS 1701 HERCULES AVENUE, INTO THE CORPORATE LIMiTS OF THE CITY, AND REDEFINING THE BOUNDARY LlNES OF THE ClTY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIV� 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 Clean�vater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida iaw in connection with this ordina�ce; now, therefore, BE (T ORDAINED BY THE CiTY COMMiSSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following-describ�d property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: • See Exhibit B attached. (A96-09) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the pubtic which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting 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 Clerlc 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 READlNG QASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: � � -, � � i �YC , ,'• � %- Leslie K. Dougall-Side Assistant City Attorr� I�arch 21, 1996 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordlnana Ib. 5959•96 . , � �� .. - - - - � ' � nlo I � � 19 I _ � .. ' � ( . • r»'o � ' � �a 'w . • I • 3a/32 � ;o ► �e � , . L� n� � � . . . — ,�.o � �m I � . ' � .. I �' ' ' �,_ ! cu �u.,ra . � _. . � � ' � _ °°""R � - - �S/011 - • .' .. rno , . _ _ M • . •'• ', : • ' , . � . . . ' '_ ; ' ' ' 4J/02 � . � ' . . '' •..�' _ .i� . '.. . .s'`. 17p , . . . � , . 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'i1' -+ 'x� '}� '�''r'+:i :%�� •wti-.. :�7 ♦.� .M '(• � a �'�k i-_ '� �• ��, �•. .. .�...�-.. �•.=Sr7r �� —� a; ,,,'.��.�.�1 rL y;. .�:.,`. � �. �i � .: ,; �'�'. - �t. -Y r ,,»: i� j' yS= ..,� : . �$•.' �',�y� = '• _ �: ' �: �', ,��—�' �' � �,j4:}: . � � �/+ .•1►�-�-.(�ItiyC= _ ��?_- .;�:;-...� - . : �y Y�� ,�' •,��►'��'�� • ? f y,�*,��.� � .�t �.yX,., .:4 �"`i;y : irAiy, +` �'w V �+�i, : �F � I :��;. `'• :,i: �.-w.�-�� •� • ; :'r+•st. . � .. �a. j',' -:�,: I e.1-` '.=3-}( �•- •. ' � -.+�. -..ri ^.�4 �`.s-•- •.. .,,,� • , �. • �,.� (w+�• w•-� y� Y • L.�; � •�� •1 .i ' � �. • tiI � d� �r �}' �'j"']' , ;�- . `3�:`.`� � ; E �� '� � Y� � ��+ ��•' ♦ :i�` � �Q � ��`=,1 �,~ �' ~+"� ^ I r. — �� I . ��'`' 'K 1� - .}.�1' ' 4� �,,. , �1 PR�POSED �-1tU1VEXATI�i� A1VD �� NI 11SG OWNER: City of Clearwater A: .�,�� ADDRESS: 1701 N. Hercules Av PROP�HTY DESCRtPT1QN: ZONING Part M&8 12,011 COVNTY: M•1 CITY: IL ATIAS PAGE: 271 B PLAPJN111aG AND ZQNING BOAeRD f:XHTBIT A ACftES: 0.57 RIGHT-oi-WAY: ACRES: SEC: 12 T1NP: 29 S FiGE: 15 E CITY COMMISSiON . . � . : Ordinance No. 5999-96 �,,,�. ,. .. � �� LEGAL DESCRIPTION From the Northeast comer of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East, nan thence N 89°21'17" West a distance of 501.06 feet, to the point of beginning; thence S 17°09'16" West a distance of 415.94 feet to the Northerly right-of-way of the CSX raiiroad; thence along said railroad right-of-way N 72°50'44" West a distance of 352.97 feet; thence along a curoe to the left, a distance of �92.93 feet, with a radius of 488.65 feet, chord bearing N 51 °26'53" East, chord distance 472.29 feet; thence S 89°21'17" East a distance of 90.60 feet, to the point of beginning; less that portion of property previously annexed by Ordinance 4681-88, Passed on second and final reading and adopted October 20, 1988. � EXHIBIT B Ordlnance tb. �999•96 � � � � � � � • . 1 1 1 ' . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAI PROPERTY LOCATED WEST OF SUNSHINE DRIVE CONSISTING OF M&8 12-01 � IN SECTION 12, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1701 HERCULES AVENUE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LIMiTED INDUSTRIAL (IL) 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 C{TY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: �gction 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: '��:it See Exhibit A attached. (A96-09) •� �! � � n Limited Industria! (IL) �ction 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with th� foregoing amendment. Section 3. This ordinance shall take effect irnmediately upon adoption, contingent upon and subject to the adoptian of Ordinance No. 5999-96. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED March 21, 1996 Rita Garvey Mayor-Commissioner Approved as to form and Attest: legal,sufficiency: - , ; �, ,, . � , , � , r,' „ eslie K. Dougall- ides � Cynthia E. Goudeau Assistant City Attomey � City Clerk Ordtnance No. 6000-98 LEGAL DESCRIRTI(�N Frorn the Northeast comer of the Northwest 1/4 of the Northeast 1/4 of Section 12, Township 29 South, Range 15 East� run thence N 89°21'17* West a distance of 5C11.06 feet, to the point of beginning; thence S 17°09'16" West a distance of 415.94 feet to the Northeriy right-of-way of the CSX raiiroad; thence along said railroad right-of-way N 72°50'�4" West a distance of 352.97 feet; thence a(ong a curve to the left, a distance of 492.93 feet, with a radius of 488.65 feet, chord bearing N 51 °26'53' East, chord distar�ce 472.29 feet; thence S 89°21'17° East a distance of 90,60 feet, to the point of beginning; less that portion of property previously annexed by Ordinance 46�1-88. Passed on second and final reading and adopted October 20,1988. EXHIBIT A �' Ordtnance No. 6000•96 J 1 ; � r f J J . OWNER: ADDRESS: C(?UNTY: CITY: _--� � .. . . f . . , . _ . :.,_ ':- •_: • •- . . � `. , ` • � �� ... 4� . �, �y, b• .S r• . . i• , • " :i� "� � , : . ` . .•i%r• • . . . "��.t • S'_` • • ' . � �' . .,�/. • � • J . „h�'•�.•�� •�1r,1�•i• .►�i ' 'i � g-. . . ' ' ��° I L � PRC�P��ED �1tVNEXAI"I�t1� �4�ID ZONI(VC� City of Ciearvvater 1701 N. Hercules Av ZONIN M-1 IL ATLAS 6'AGE: 2718 PLANNING AfdD ZONING BQARD . •. �• PROPERTY DESCRIPTION: Part M&B 12.011 ACAES: R{GHT-of-�IUAY: ACRES: SEC: 12 'TIIVP: 29 S RGE: 15 E CITY COMM15510N C1rdi.n,�nce N�. 6000-9E� � 0.57 ��i� ►.:► ►• .11 '. AN ORDINANCE OF THE CITY �F CLEARWATER, FLORIDA, VACATING THE NORTH/SOUTH ALLEY LYING BETWEEN L.OTS 11, 12, 13, THE SOUTH 1/2 OF LOT 14 AND LOTS 2, 3, 4, AND THE SOUTH 1/2 OF LOT 1, E. A. MARSHALL'S SUBDIVISlON, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER iHE FULL WIDTH THEREOF AND SUBJECT TO CERTAIN CONDITIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Multimedia Distribution Corp,, owner of real property adjoining the alley described herein, has requested that the Cit�r vacate the alley described in Exhibit A attached hereto; and WHEREAS, the City Comrnission finds that said alley is not necessary for municipal use and it is deemed to be #o the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: ction 1. The following: The North/South ailey lying befinreen Lots 11, '12, 13 and the South 1/2 of Lot 14, and Lots 2, 3, 4, and the South 1/2 of Lot 1, E. A. Marshall's Subdivision, is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right� title and interest thereto, except that the City of Clearwater hereby retains a drainage and utility easement over the described property for the installation and rnaintenance of any and all pub{ic utilities thereon, and subject to an ingress and egress easement being provided to the property owner of Lots 13 and 14, Marshall's Subdivision. ��4II.�• Pinellas County, above. The City Clerk shall record this ordinance in the public records of Florida, following compliance with the conditions set forth in S�ction 1 Ordinance No, 6001-96 �.. ... ,.�.... ., . . . �r � ction 3. This ordinance shali take effect immediately upon adoption, PASSED ON FlRST READING March 21, 1996 PASSED ON SECOND AND FiNAL READING AND ADOPTED Approved as to form and legal sufficiency: Jo arassas, Assistant City Attomey L Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6001-96 ; r ; � � . a x i a •�� ,�� • .11 •. AN ORDINANCE OF THE CITY 4F CLEARWATER, FLORIDA, RELATING TQ DISHONORED CHECKS, DRAFTS AND MONEY ORDERS, AMENDING SECTION 2.528, CODE OF ORDINANCES, TO IMPOSE A SERVICE FEE OF TWENTY DOLLARS ($20.00) OR FIVE PERCENT OF THE FACE AMOUNT, WHICHEVER IS GREATER, FOR THE COLLECTION 4F A DISHONORED CHECK, DR,4FT OR MOt�EY ORDER; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 2.528, Code of Ordinances, is amended to read: Sec. 2.528. Dishonored check, service fee. � � (a) Any person who presents a check, draft or any other form of order to the City for the payment of money, which check, draft or order is subsequently dishonored, shall be subject to a seniice fee of $20.00 or five percent of the face amount of the check, draft or order, whichever i� greater, for the collection of the dishonored check, draft or order. (b) Notice to any person subject to the provisions of this section that a check, draft or order presented to the city has been dishonored shall be similar to that set out in Section 832.07(1), Florida Statutes. �ection 2• This ordinancs shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: Pamela K. Akin, City Attorney Niarc:h 21, 1996 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6007-96 •�� • .11: '. AN ORDINANCE OF THE CITY O� CLEARWATER, FLORIDA, VACATING THE WEST 5 FEET OF THE 10 FODT DRAINAGE ANn UTILITY EASEMENT LYING ALONG THE EAST SIDE OF LOT 90, WOODGATE OF COUNTRYSIDE UNIT 'TVVO; PROVIDING AN EFFECTIVE DATE. WHERF�4S, Richard G. Hawley, owner of reai property located in the City of Ciearwater, has requested that the City vacate the utility easement as described in Eachibit A attached hereto; and WHEREAS, the City Commission finds that said easernent is not necessary for municipai use and it is deemed to be to the best interest of the City and the general pubiic that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The west 5 feet of the 10 foot drainage and utility easement lying along the east side of Lot 90, Woodgate of Countryside Unit Two, as recorded in Plat Book 71, Page 75, of the public records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto. �g�ion 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florid�a, following adoption. ion 3. This ordinance shall take effect imrr�ediately upon adoption. Ordinenoe No. 6008-98 t � � � { � ':� PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to forrn and and legal sufficiency: ohn Carassas Assistant City Attorney � March 21, 1996 Rita Garvey Mayor-Commissioner Attest; Cynthia E. Goudeau City Cierk Otdinanoe No, 6008-�6 � , � � ; � � ;� :: G A�.� , > �1�D�D � 89 o D��T z c > Sub j ct Property Q = 90 w � 5' � L. � 132 � 131 Q 10' D�cin. dc Util. Eose. � 3 � � � O c�n g � �I�� w L— � � 0 g2 p.�. EXHIBIT A 129 r � J ��TE: This is not o surveyS VAC96-04.dnq Sec. ]1-2d-16 R1AS 2/23/98 Ordinance No. 6008-96 �. �. ,� � � E � I ; !. E i � Q %��.. � , 1��. J �, Y SUHJECT: Clearwater City Cornmission �j� � Agenda Cover Memorandum Pinellas County Interlocal Agreement RECOMMENDATION/MOTION: � Item # Meeting Date: ►. �� Approve an agreement with Pinellas County governing the termination of water services for non payment of sewer service charge. � end that the appropriate officials be authorized to execute same. BACKGROUND: • The City of Clearwater provides sewer service to approximately 2,100 locations where Pinellas County provides water service. • The City of Clearwater is unable to terminate sewer service to these locations for non payment of fees, and as a result, collection efforts have been negatively impacted. • This agreement will impr�ve the City of Clearwater's efforts to collect delinquent sewer accounts by the County's discontinuance of water service when sewer charges are unpaid. Revi e�acd by: Legal 8udget Purchasing Risk Mgmt. !S ACM Other su6mitted by: City �nag�r !A N/A N/A N/A Originating Dept: F i nance l�rn,b Utility Customer Service User Dept: Advertised: Date: Paper: 0 Not Required Affected Parties 0 Notified 0 Not Required Costs: S N/A Total $ Current Fiscal Yr. F�nding Source: � Capital Imp, ❑ Operating ❑ Other Appropriation Code: comm; ss � on Act; «►: ❑ Approved ❑ Approved w/conditions 0 Denied ❑ Continued to: Attachments: Interlacal Agreement � None ;� ; : � ; x � � _ s AGRSEMENT 'I��IS A , rnade and entered into this r day of � 19 bY and between CCI�JN'I'Y, a political subdivision of the State of Florida, hexeinafter referred to as "COUN1'Y" and the CTTY OF CLF.ARWATER, a municipal corporation within the State of Florida, hereinafter referred to as "CTT'Y". W�-i]ERF.ArS, Pinellas County Urdinanace No. 89-39 authorized interlocal agreernents which govern the terrnination of water service for non-payment of sewer service charges in other jurisdictions; and , the COUNTY provides water service in numerous locations where a rnunicipality provides sewer service; and 'WF�RE�4S, the �CO[JNT'Y pravides sewer service in numerous locations where a rnunicipality provides water service; and N4vV,1'FID�ZEPORE, the parties hereto do hez�eby covenant and agree as follows: I. COUNTY OBLIGATI�NS TC� DISCOrJ'CINUE WATER SERVICE 'PO Q'I'Y ��.I�: �l �.�1� ►,I:i; � 1. The COIJNTY agrees to assist C�'I'Y in CIfiY'S efforts to collect delinquent sewer accounts by the discontinuance of COIJNTY water service to CITY sewer custorners for non-payment in full for CTTY sewer service. Such a delinquency of payment musfi be in excess of thirty (30) days, and the Q'a'Y must have provided reasonable notice to the CITY sewer customers of the delinquency. Water service will remain off until all accounts are paid in full, including but not limited to the furn-off charge, which chaxge will be deposited to funds of the Pinellas County iJtilities. COUNTY assistance will be within the limitati�ns of the laws of the State of Florida, the Ordinances of Pinellas County, and the policies of Pinellas County. { 2. The CTTY agrees to adopt such City Ordinances as shall be required to make the collection of sewer charges and termination of water service, to enforce said collection, legal and binding upon the CTTY sewer customers . The CTTY shall cooperate and assist in said collection by assuming direct responsibility for answering to the CTTY sewer customers for the reasons and necessity for sewer charges as established or as rnay be amended from time to time. 3. The COtTNTY agrees to perform this service for the CITY for all sewer accounts served by COLTNTY water but reserves the right to reconnect water service on any accounts which become involved in a dispute or in litigaiian with the CTTY or COUNTY. I M • : • • �1' 11 � . �I • �1' M . • � � : �' ��l �� I��+•� 1. The CTTY agrees to assist COUN1'Y in COLJNTY'S efforts to collect de�inquent sewer accounts by the discontinuace of CTTY water service to COUNTY sewer customers for non-payment in full for COUNTY sewer service. Such a delinquency of payment must be in excess of thirty (30) days, and the COUNTY must have provided reasonable notice to the COUNTY sewer customers of the delinquency. Water service will remain off until all accounts are paid in full, including but not lunited to the turn-off charge, which charge will be deposited in funds of the QTY water system. QTY assistance will be within the limitations of the laws of the State of Florida, the Ordinances of the CTTY, and the policies of the CI'TY. 2 The CrJUNTY agrees to adopt such Ordinances as shall be required to make legal and binding the collection of sewer charges and termination of water service, to enforce said collection, upon the COL,TN'TY sewer customers . The COUNTY shall cooperate and assist in said collection by assuming direct responsibility for answering to the COUN'TY sewer customers for the reasons and necessity for sewer charges as established or as may be amended from time to time. � 3. The CITY agrees to perform this service for the COUNI'Y for all sewer accounts served by CITY water but reserves the right to reconnect water service on any accvunts which become involved in a dispute or in litigation with the CITY or COLJNTY. i� :�• ii • � This Agreement shall be binding on both Pinellas County and the City of Clearwater. The CTTY may terminate this Agreement at any time by notifying the Board of County Commissioiters at least thirEy (30) days prior to said iuntent of termination and, further, the Board of County Commissioners may terminate said Agreement by giving notice of intent at least thirty (30) days prior to termination date. IN vVI3EREOF, said Pinellas Coun ty, a political subdivision of the State of Florida, by and through its governing body the Board of County Commissioners, and in its behalf by Chairman of said Board of Count� Commissioners, has caused its official seal to be hereunto affixed and attested by the Clerk of said Board of County Cornmissioners, and the City of Clearwater, acting by and through its City Comrnission, has caused this Agreement to be executed in its name and on its behalf by its City Mayor and attested by its City Clerk, and its corporate seal to be hereunto attached, the day and year first above written. � • � :� �� _ �� :� ; �� ; « �: . By: Deputy C1erk AT'I'EST': City Qerk / DeP''utY CitY Clerk �'��pm�rr�d °s to jorm: Cown#p Attorney PWELLAS COLINT'Y, FLOR.IDA By: Chairrnan, Board of County Commissi,on�rs r • « � � :� •. � � N � ' � � 1 ' B� Elizabeth M. Deptula City Manager A.pprnv�ed as to fnrrit and crnre�:tness: J Attomey Countersigned: Rita Garvey Mayor-Commissioner L , � � � } � h _, - � �� Clearr�vater City Commission .--_ � 9w� ��,a� Agenda Cover Memorandum SUBJECT: INTERRUPTIBLE CONTRACT WITH FLORIDA GAS TRANSMISSION item #: Meeting Date: � ' � RECOMMENDATION/MOT{ON: Confirm a twenty (20) year Interruptible Transportation Service Agreement between the City of Ciearwater and Florida Gas Transmission, Houston, TX, whir_h provides for the transportation of natural gas on an interruptible basis to our gate stations, 0 and that the appropriate officials be authorized to execute same. SUMMARY: • Our natural gas supplier, Florida Gas Transmission (FGT) has terminated all old existing interruptible contracts and tendered new updated contracts, which will supply natural gas to our gate stations. o FGT did not allow sufficient time for us to get this item on the Commission Agenda; therefore, the City Manager signed an assent to the Market Area Interruptible Service Agreement subject to City Commission approval. • This agreement supersedes and cancels our old Interruptible Transportation Contract #3396. • Term of the Agreement is for Twenty (20) years. • This agreement uses the Federal Energy R�gulatory Commission approved ITS-1 rate, which is currently 36.�4 cents/MM6tu., which is (ower than our (owest 100% load factor Firm Transportation FTS-1 rate of 50.18 cents/MMBtu. • Clearwater Gas has severa! interruptible customers, such as National Linen and Clearwater Linen, who could use this type of service. Reviewed by: Originati�g Departme�t: Costs: Commissian Action: Lega) - Clearwater Gas System � N/A � Approved Budget N/A � Total ❑ Appraved with Conditions Purchasing N/A User Depa�tment: N�A ❑ Denied Risk Mgmt. N/A Clearwater Gas System Current Fiscal Year p Continued to: 1S N/A Funding Source: ACM ❑ Capital {mprovement: Other N/A Advertised: ❑ Operating: Attachments: Date: ❑ Other. Assent to Market Area � Paper: Interruptible Service 5ubmi4teti by: ' � Nat Required Apprapriation Code Agreement, Affected Parlies FGT Market Area Interruptible O Notified Servir.E� A�reement City Mana� � Not Required O None � Printed on recycled paper r"'"",,,,�. ( ASSENT T� MARKET AREA INTERRUPT'IBLE SERVICE AGREEMENT The undersigncd Market Area Interru�tiblc Servicc Agreement hereby a�rees to the terms and conditions of this agreement. This assent is subject to the approval of the City Cornmissioii of the City of Clearwater, Florida. I agree, however, to recornrnend acceptance of the Market Area interruptible Service Agreement for such approval. I expect such approval on or before March 21, 1996. R�COMMENDED BY THE CLEAR.WATER GAS SYSTEM i -� BY: G�'ri �t.� �-�ti`j...�. Charles �, V►� arrington, Jr. TITLE: Managing Director of Clean��ater Gas System ASSENT BY THE CITY OF CLEARV�ATER SUBJECT TO APPROVAL BY THE CITY CO��fISSION �. TITLE: City Manager ATTEST: : ..►,�' TITLE: City Clerk DATE: �,%�b�7� � . �r��.a - l� Cynthia E. Coudeau 0 � t Tnn.poreation RoqvoK No. Western DiviaJo� ^ Mailuet Mea � TranrpoRation Aaroemeac No. effative o�te; Interruptible Transportation Service A�reemeat ITS-1 Rate Schedule 'ii{IS TRANSPORTA7iON SFRVIC6 AGRCEMENT by end betweea f'lorida Cu Trnnamiuion Company, ('Tranaporlu'), u�d CITY OF CLEARWATER, DBA CLEARWATER CAS SYSTEM, a PIARIDA MUMCIPAL CORPORATION ("Sbippu') covering the transportation of aatunJ ga.+ on nn interruptible b�sio by Transporter for Shipper ts more particularly describod herein, ii enter�d into in accordance wich the tollowing ternv and co�didoas; 1. 2. 3. 3.1 4. This tnwsportation ahall be provided pursuaat to Subpart Q of Pert 284 of the Poderal F�ergy Regulntory Comrniaioa'• ('Commissioa') rogulation�. Thi� trnnsportatfon ia providod on bchalf of N�A QuxnUty - Mazimum Daily Transportatioa Quantity 2,000 (MD1`Q) it MMBtu per day. Term: 'Ihis Agrocment ahell becomo effxtivo on the date first writteo above und chnl! caotinue for a ptimary term of Twenty (20) years and month tn month thercafler unless terminated by either�party upon thirty (30) daya prior written notic� to the other party. lnitial delivery 6creunder s6a1) not convnencc uatil thi� Agreemcnt is exceutr.d wd received by Transporttr. Term(nalion for 1Yon-Payment. In the cvcnt Shipper fails to pay for ti�e service providod under this Agrecmcot pursuant to the conditions set forth in Seetion 15 of t6e General Tercru and Conditions of TranspoRer's FFRC Gas Tariff, Trnnsportec shall 6ave the rigbt to terminate this Agreement pursuent to the conditions sct fortL in said Sxtion 15, Rate: Unless Traasporter agrees in writing to a lower rate. Shippu shall pay Transporter each month for transpoRation servict readcrcd herwnder at the maxim�m rates or charges in effcct from time to time under Rate Sc6cdWo ITS-1, or aay ef%ctive sup�rscding rate schedule on file with the Commissioa, wtvch shall be set torth in Transportor's FERC Gas Tarif% which is incorporated herein by refercace, as it may be rovixd from time to time. S. Address for noGcrs to Shipper: 6. Addras for invaic,es to Shipper:: 7. 8. . . � 9. Mr. Terry Neeoan 400 N. Mvrtle Ave. Clearwater, F1a. 34b15 Same 'Ibis Agreemcnt supersedes and cancels the following Transportation Service Agrcement(s) between t6e pa�ties hereto: 3396 Other Provisioris: None Additional Temis and Conditions: 'I�e Additional Terms and Conditions list�d on the rcvcrse side �creof and Exhibit 'A', if applicable, ue incorporated herein by refenoct nnd are made a part of this Agrcement. 'Ihis Transportation Service Agreement when executed by Shipper constitutes a contract with Florid.a Gas Transmission Company for the transportation of natural gas, subject to eh� ternu and conditions appcaring on thc facc and revcrse side hereof and Exhibil 'A', if applicable. COUNTERStGNED: Rita Garvey biayor-Commissioner Appro��cd as to torm and Iegal sufficiency: John Carasses Assistnnt City Attarncy N ran��c�corrrw+crvrsw�+rorsu�K. ooc C1TY OF CLEARWATER, FLORIDA FLORIDA GAS TRANSMISSION SN17'PER 7RANSPORTER By: Altcst: F_li7abcth M.Dcptula City Managcr C�nchie 6. Goude�u City Clerk � Tiqe: Attcst; � , .-� ' ,�;. . ., . _ � 4�1��J A„�� U�U'•1 �VI\J SF:Ci'ION l. TrnnsporlAllon Quuntlty '�� I. I Tran�porter �grrea to rocefvc and maJce �v�ilablo for delivery thr.n►uilly cquiv�lent volumu of natunJ gu on �n inlcrruplible b�ui�, up to the hlaximum Daily Truupvrtation Qwntity (MDTQ) se� forih on thc f�co of thi� Agreemec►t. 'flia MDTQ ohA11 be 1hc largest quAntity of gx�. oxprr.sscd in MMBtu, th,�t Shipper may tender in the aggregale for transportation under thio Service Ag�oement, exclusivo of Trsnsportor'9 fuel, and have m�+de avniieble for dclivery al tha epplicable point(r) of delivory on any ono day. 1.2 Transportcr agroa tbat it nuy lnnapoR natunl gas for Shipper in exceas of the Interruptible TrsnaFwrtation Quantity providod thet Transporter hns deGctmined thet it hss sufficient capacity to transport such exc.�ss volumea. SECTION 2. Rccrlpt and Dclivcry 2. ! Shipper agrees to tender, or cauee to bo tenderod, gas for transportation at the Point(s) of Receipt on Transporter's system at pressures sufficiwt to effect delivery into Transporter'r facilitiea, as such pressuro may vary from time to time, not to execed the ma�cimum allowable operatiog pressurc; provided further, Trnnsporter sha11 havc no obligatioa to provide cornpr�ssion and/or aller its aystem operations to eaable Shipper to effectuate said deliveries. 2.2 Transporter agrxs to transport and azako availnble for delivery gay to Shipper, or for Shipper's account, at the Point(s) of Delivery on Transporter's rystcm; provided further�, Transportcr ahall have no obligation to provide compression and/or alter its aystem operation to effectuate said de(iveries. 2.3 All imbalances shall be resolved in accordance with thc balancing provisions ia Soction 14 of the Gcaetn! Term9 and Conditions in Transportet's FERC Gas Tariff. SECTION 3. Termination 3.1 Notwithstandiag the 'Term" set forth in paragraph 3 on the face of this Agceement, this Agrcement shall terminate upon written notice by Transporter to Shipper within forty-five (45) days from the effective date of this Agrcemcnt if Transporter determines that incomplete or inaccarate inforrnation has been submitted to effcctuate this transportation service which causes such servict to not comply with the Comtnission regulalions. 3.2 Termination of this Agrament shall not relieve Trnnsportcr or Shipper of the obligation to make payments of amounts due hereunder to Transporter or Shipper, as applicnble, arising from the provisions of Sectioa 15 of the General Terms and Conditions af TranspoRer's Tariff. SECTION 4. Gcneral 4.1 'Riis Agreemeat in all respects shall be subject to the provisions of Rate Schedule ITS-1, as well as the General Terms and 4.2 4.3 . Conditioos of Trans;wrter's FGRC Gas Tariff, es the same may be revised from time to time. Transporter's ITS-I Rate Schedule and the General Tcrms and Conditions set forth in Transporler's FERC Gas Tariff, as the same may be reviscd from time to time, are hereby incorporatcd by reference and made a part hereof. Transporter shall 6ave the unilateral ribht to file and seek Comnussion approval under Section 4 of the Natural Gas Act (NGAj to c6ange any rates, charges or other provisions including the Form of Service Agreement and the existing Servict /�greement set t'orth in Rate Schedule ITS-1 or the General Tenns and Conditions of its FERC Gas Tariff from time to time and to place such changes in effcct in accordance with Section 4 of the NGA and this Transportatioa Service Agreement shall be dcemed to include such changes and any changes which bccome effective by operation of law or FERC Order, wit6out prejudice to Shipper's iight to protest the same. SECTION 5. ��Oi10E5 5.1 Any notice, statament, or bill provided for in [his Agrccment shall be in writing and Shall be considered as having bccn given if deliverr.d personall�• or if mniled by United States mail, postage prcpaid, or if sent by express niail, overnight delivery, telex, telccopy or olher mutuatly agr��ble means of clectronic transmission, to Shipper whcn scnt to the address set forth on the face of this Agreement and to Trrinsportcr when srnt to tho following: ACCOUNI'IIVG t11ATTERS: Florida Gas Transmission Company 1400 Smith Strcet P. O. Box 1188 }�ouston, Tcxas 77251-1i88 Attn: Operations Accounting & Analysis FAX No. (713) 853-6756 PAYMENTS: Florida Gas Transnussion Cornpany NationsBank ABA No. 053000196 Account No. 001658806 Charlotte, North Carolina ALL AD11iIN15TRA7'tVE IVOTICES: Florida Gs�s Transmission Company P. O. Box 1188 Houston, Texas 77251-1158 Attn: FGT I�4arketing Administration FAX No. (713) 853-6756 .� �.�� R _ �� c� �� Clearwater City Commission q,��j ��,04 ,, Agenda Caver 1V�emorandum Item #: � Meeting Date: L ' � ' SUB)ECT: FLORIDA MUNICIPAL NATUKAL GAS ASSO�IATION EXPENSES AND LEGAI FEES RECOMMENDATION/MOTtUN: A�prove Clearwater Gas System's continued participation with the Florida Municipal Natural Gas Association (FMNGA) in thejoint municipal representation of Federal and State regulatory issues through the use of legal co�nsels based in Washington, D.C., and Tallahassee, FL, and to pay related annual FMNGA shared expenses (4/5/96 - 4/4/97) in an estimated amount of $60,000, O and that the appropriate officials be authorized to execute same. SUMMARY: • The �MNGA is an association of municipally-owned natural gas utilities, authorities and districts in Florida for the purpose of joint representation of rnunicipal issues on industry, lLgislative, regulatary and pipeline issues. • The primary function of FMNGA is to represent the 17 participating municipally-owned utilities before the Federa) Energy Regulatory Commission (FERC) and other Federal regulatory agencies and to monitor the State legislative session on our behalf and represent us on issues before the Florida Public Service Commission (FPSC) and other State regulatory agencies. • The overall costs to the mernber municipals are lowered by sharing these expenses rather than each rnunicipa) representing themselves on Federal and State issues. FMNGA also leverages the voice of the municipal group to obtain increased standing before the regulators. We have been participating in FMNGA joint representation since 19g0. • FMNGA has retained the firm of Miller, Balis & O'Neil, P.C. (M60) to serve as the Washington D.C. counse! on Federal issues and has retained William J. Peebles, P.A., to serve as the Tallahassee counsel on State issues. • Clearwater Gas Systern (CG5) pays a$0.05/meter dues assessment to FMNGA to pay for meeting expenses, supplies, postage, copying costs, and other operating expenses on a State level. All Federa{ issues are billed to the participating rnunicipal rnembers based on a proportionality formula using rneter count and pipeline capacity. • CGS spent $18,735.20 last year on FMNGA related shared expenses. This fiscai year, CGS budgeted $50,000 for attorney fees in the �as Administration Professional Service expense code 423-02064-534100 to fund the shared {egal expenses. � Florida Gas Transmission Company tFGT) is the sole natural gas pipeline into peninsular Florida and all changes in FGT's Tariff require FERC approval, which affects the cost of service to CGS and ultimately our cUStomers through the Purchased Gas Adjustment (PGA) clause in our gas rates. The FMNGA activities serve Reviewed by: Lega) Budget Purchasing Risk Mgmt. 15 ACti1 Other Submitted by: � � City M ager/ N/A N/A N/A N/A �a printed on re .rydt�d paper � Originating Departmeni: �, Costs: Clearwater Gas System£ ��r _ User Department: Clearwater Gas System Adveriised: Date: Paper: � N�t Required A(fected Parties C] Notificd C� Not Required Estimated Estim�ted Funding Source: ❑ Capital Improvrment: � Operating: C7 Olher. Appropriation Code 423-02078-530100- 5 32-000 Commission Action: $60,000 ❑ Approved Toial ❑ Approved with Conditions 530,00o D Denied urrent Fiscal Year ❑ Continued to: Attachments: Miller, Balis & O'Neil Fee Letter William 1. Peebles Fee letter ❑ None � to lower the cost of supply �as for CG5's Customers such as the formation of th� Municipal Gas Authority of Florida which purchases s�pply gas for 15 rnunicipal systems jointly. • Current issues before the FERC include the calculation of the Florida Gas Transrnission (FGT) Fuel Adjustrnent Clause and FGT's subsidizing of gate station construction. • Future issues to be brought before the FERC will be the upcoming FGT Rate Case which is scheduled to be filed in Septernber, 1996, This filing could have a significant impact on our PGA cost for transp�rting natural gas to our customers. • This expense will be funded by Professional Services code 423-02078-530100-532-000, which will be funded as a recoverable expense under the Purchased Gas Adjustrnent (PGA) provision within our gas sales, A new cost center called Gas Supply "2078" was created this fiscal year in order to capture expenses related to our natural and propane gas supplies. A mid-year adjustment will be made to transfer $30,000 into this code from Gas Administration Professional Services 423-02064-530100-532-000. The remaining $30,�00 wili be budgeted in FY 96/97. � .�-...—�—.. Y�'11L1A).1 T. M4.LF'Jt s7'AM,EY'r✓. tAlJi ROIQT A, O'f�d. 1AMF.d R. CHOIJKAS9RAt)l.bY IONhTiUN f. L1E90WT1'Z iGFD� I(iCHAEI. ADRAONA lIWE! K. EY1tD 1014�1 f. aItFQ(7 SF.AN T. /EENY Mr. Charles S, Washington, Jr. Managing Director & Officer Clearwater Gas System 400 North Myrtle Avenue Clearwater, FI. 34615 Re: Dear Chuck; c�w o�x�s MILLER, BALIS & O'NEIL A MOFFSJfONAL CO�/'OMT10N I I�0 KiNETEFMH lflt£iT. H.w. 4L1TTE 700 Wi15F�lU'ON, O.C. 70036 C�129629e0 FNf f]o� 296416b Novernber 21, 1995 �I :� :. • �- ' �•� :• �•;� � / ; �..._.,,...r'!�"I'� KFXi K. CMtTEx ��s l � 110N ��.� �AItD R. f1�Ol.Al1DE7t ` O, NOL(�1ND �... . , .. _ .�► 4�A . LIYi7t1�CF]t,3AL ►M1EU 3/. AU�lTEW A(MY A. 1iDU�AN 'BEWA�IDf L. Vt1f�.LbY oocn�sa. •�n�►nn a omno� ns,� rn ou�wx.-r a aa.�n,ou The puipose of this letter is to advise you of the Miller, Balis & O'Neil, P.C. fee schedule to be effective commencing February 1, 1996. Last year, we established an hourly fee range for partners of $175-$225; the fee range for associates was set at $100-$1b5, We are doing our best to "hold the line" on legal fees by: (i) not revising our fee ranges for 1996, and (u) adjusting our actual raies upward,s by only the amounts required to offset generat inflation and specif ic incr�eases in our overhead, and to reflect advancement in seniority levels. Thus, in 1995, you were charged �190 for my time; in 1996, my hourly rate will be $195, and that of Royce Dickens will be $135. The primary goal of our firm is now, and has always been, to provide our clients with value for their money. We thin.k "value" rneans the highest quality legal services at the low�st reasonable raie we can justify, given the very substantial overhead constraints that confront businesses operating in large metropolitan areas like Washington, D.C, We genuinely appreciate your continued use of our firm. Please call us if you have any questions regarding this letter, or any other aspects of our representation. Sincerely, %�� Williarn T. Miller WTM/dam cc: iVir. J. Terry Neenan ; WILLIAM J. PEEBLES Attomey At La�v 310 W. College Avenue (3234t ) P.O. Box 10930 Tallahassee, Florida 32302 Telephone: 904 / 681-7383 Facsimile: 904 / 681-7271 November 30, 1995 Mr. Gharles S. Warrington, Jr. Managing Director Clearwater Gas System 400 N. Myrtle P.venue Clearwater, Florida 34615 Re: Florida Municipal Natural Gas Association Dear Chuck: � This is to confirm the agreement reached with the Florida Municipal Natural Gas Association (FN�1GA) Executive Committee regarding the provision of legal and legislative services. For the sum of $750.00 per month, plus directly attributable expenses, payable quarterly in advance, commencing January 1, 1996, I will provide general counsel and legislative representation to FMNGA. These services will include: attendance at four meetings of the Board of Directors; drafting and reviewing of amendments to the by-law, and charter and other general corporate representation; general monitoring and reporting of Public Service Commission (PSC) activities, including potential activity resulting fxom the unbundling workshop; assistance in making a presentation to the PSC at an upcoming Internal Affairs meetinq regarding the municipal segment of the natural gas industry; and monitora.ng of legislative issues of interest and the provision of three legislative reports regarding those issues. Any work beyond that described above will be authorized by FMNGA prior to performance and billed at $150.00 per hour or as otherwise agreed. I appreciate your confidence and look forward to a lonq relationship with the Florida Municipal Natural Gas Association. WJP:vm c:�fmnga1werrington.ltr � � . Z'n ,•, �; 5:�� iil .� > . ,� � �� Clearwater City Commission -- Agenda Cover Memorandurn �. � '� � �. BUBJECT: Authorize 1 Additional Tradesworlter Positioa i t em �t Meetinfl Dete: RECOI�ENDATION/MOTION: Authorize the addition of one Tradesworker I position for the Building and Maintenance Division of the General Services Department; this additional position will assume the tasks and duties of the outsourced heating, ventilating and air conditioning filter replacement program which is no longer cost-effective to privatize. � and that the appropriate officials be authorized to execute same. BACRGR4UND: The heating, ventilating, and air conditioning (HVAC) filter replacement program has been privatized since 1993. Due to rising costs, it is no longer cost- effective to outsource this program. > The initial bid solicitation (April 1993) was in the amount of $11,950.85; the City experienced poor performance from its vendors. ► Since that time, the bids received in 1995 have increased to $30,012 and $3�,145. ► In an effort to provide a comparison of outsourcing costs versus in-house costs, staff conducted a test period (from Gctober 16, 1995, to January 16, 1996) and recorded the costs for a temporary employee performing these tasks. The labor and associated costs for the 3-month trial period amounted to $5,591. ► Projecting this cost annually (labor--$22,364 and associated c�sts--$5,600 for employee benefits) amounts to $27,964 for performing these duties in- house thereby creating a savings of $10,181 ($38,145 -$27,964) for the City. ► In addition to performing the HVAC filter maintenance duties, the temporary employee performed 104 hours of general tradeswork (labor costs: $3,936). By performinq these services in-house, the projected savings increases from $10,181 to $14,117. Revies�cd by_ Originating Dept: Costs: 513.982 Cam�ission Action: Legal N/A ral Services Total O Approved eudget " �� s�lvin��s o� 0 Approved w/conditions Purchasing A � � S 5.090.50 � penied Risk Mgmt. N/A User Dept- Current fiscat Yr. CIS N/A � __ ❑ Continued to: qCMi F�ding Source: Other O Capital Imp. Advertised: � Operating Attachments: j�f Date: � Other ,�1L` Paper: t � Not Required S�itted by: Affected Parties � None ❑ Notified Appropriation Codc: � Not Required • 565-06531-510100-519-000 City Manager � �:r�i Printed on recycled paper _ 2 _ Therefore, it is recommended that the City hire an additional Tradesworker to perform these duties. By providing this service in-house, the cost for the additional employee is less expensive than an outsourced contractual agreement, and division personnel may accomplish these tasks with a higher degree of quality control. Funding will k,e provided at mid-year with a transfer from 565-06531-530300-519- 000, contractual services, to 565-06531-510100-519-000. m TO: THRU: FROM: SUBJECT: D�TE: �-� - U� . ! � j, j i - t. ` f�� r �� CI'rY �I�' CLEARWATER Ir�teraffice Correspondence Sheet Elizabeth M, Deptula, City Manager Kathy S. Rice, Deputy City Manager � j3 �1 William O. Baird, General Services Director HVAC Filter Replacen�ent Service February b, 1996 ,� The Building and Maintenance Division maintains in excess of 50 buildings requiring the monthly replacernent of over 700 filters for the City's various heating, ventilating and air conditioning systems. Due to the department's rightsizing efforts in 1993, the Building and Maintenance Superintendent found that outsourcing these services would be more cost-effective. Unfortunately, the quality of the outsourced service ha� deteriorated while its costs continues to rise. Bids were solicited last year for outsourcing these services; $38,145 was the lowest bid received. This contract was not forwarded for your consideration since it is no longer cost- effective. In an effort to provide a comparison of outsourcing costs versus in-house costs, Building and Maintenance Superintendent Jim Wood conducted a test (please refer to Jim's attached memo, "Test Period ..."). Labor and associated costs for the 3-month trial period amounted to $5,591. Projecting this cost annually ($27,964--$22,364 plus $5,600 for employee benefits) for performing these duties in-house would create a savings to the City of $10,181 when compared to the low bid ($38,145). A temporary employee performed 104 hours of general tradeswork (labor costs: $3,936) in addition to performing the HVAC filter maintenance duties. The 104 hoiirs of tradeswork labor furtt�er reduces the projected annual cost by costs not associated with the filter maintenance program: $27,964 -$3,936 =$24,028. By performing these services in-house, the prujected savings increases from $10,181 to $14,117. Therefore, i recommend that we hire a full-time Tradesworker to perform these duties. By providing tl�is service in-house, the cost for t}�e additional employee is less expensive than an outsourced contractual agreement. Division personnel may then accomplish these tasks with a higtjer degree of qt�ality control. 1 � � ■: 1 '.. �� With your approval, we will proceed with the in-house maintenance prograrn for HVAC filter services. Thank you, Approve: Date: Disapprove: Date: WOB:pat Attachment � / :� cr-nr oF c�wA�R Interdepartment Correspondence TO: William O. Baird, General Services Director FROMs James Wood, Building and Maintenance Superintenden �� COPIEB� File BIIBJECTt TEST PERIOD FOR IN-HOUSE FILTER MAINTENANCE DATEs February 6, 1996 **�**********�***�***�***�****�***�**�***�**��**�***�***��*****��r On �ctober 16, 1995 a test period to track the costs for in-house HVAC filter maintenance was started. The first three months have resulted in the following costs: Labor - Materials - Vehicle - Uniforms - TOTAL $4,318. 964. 255. 54. $5, 591. The yearly projected cost, plus $5,600 for employee benefits, would be $27,964. In addition to performing filter maintenance duties, the temporary employee hired for the test has performed 104 man- hours of general tradeswork. This reduces the projected cost of the filter maintenance program to $24,028. The lowest bid received in August for the same service was $38, 145. Having the filter maintenance program done in-house will be less expensfve and will be done with a higher level of quality control. The temporary employee hired to perform the filt�r maintenance will only be allowed to work until mid-April oi this year. I am requesting that a full time position be created to continue the filter naaintenance program. 0 I i CITY OF CLBARWATBR SID 129-95 OP�J� AIIGQST 2, 1995 HID T7►8 ITEM NG. DESCRIPTION 1 $VAC PILTBR MAZNTENA2tCB PROGitAM START DATE: TSRMS: BVAC FILTHR MAINTffi:ACB PROGRI�M I,LLEN-EDWARD INC. 020NA, FLORIDA TOTAL PRICE 53,834.00 s��st�i� 10 DAYS NET 10 SIIi�S1�RY OP HID 129-95 BZDS SOLICIT'zD: 14 BZDS RECEIVED: 3 NO RESPONSE: 1 NO-fiZD RESPONSE: 10 SUl�SARY OP NO B2D5 DO NOT OFFER PRQDUCT: 7 I�UR SCHEDULE WILL NOT PErZMIT 2 INSUFFICIENT TIhL 1 AIR MECHANICAL SERVICE TAMPA, FLORIDA TOTAL PRICE 42,816.00 .......'.` "ATTACi�AiENT 3� DAYS NET 30 � _ ,. ,. , �� ; BATSFORD CONSTRUCTION � CLEARWATER, FLORIDA � TOTAL ( PRICE ' 38,145.00 ......■... 2 WEEKS ; MONTHLY ; ��:� s;A ,:k. _ .. �:[ ��. �. CITY OF CLSA.RWATgR 13ID 73-95 OPSNBD APRxI, 4, 1995 SID TAB ITEM NO. DESCRIPTION 1. FYLT�R RBPLACSMSNT PROGRAM START DATE: TERMS: 3UMMARY OF BID 73-95 BIDS SOLICITED: AIDS RECEIVED: NO RESPONSE: NO-BID RESPONSE: 3IIbII�lARY OF NO BID3 DO NOT OFFER SERVICE: SCHEDULE WILL NOT PERMIT: ;� FILTSR R$PLAC�NT PROf3i2AM ' AIR MECHANICAL & SVS BATSFORD CONSTR. CO. � TAMPA. FLORIDA CLEARWATER, FLORIDA S TOTAL TOTAL PRICE PRICE 46,094.00 30,012.00 ____—_____ __--______ � 14 2 7 5 2 3 1 WEEK NET 3 0 2 WEEKS t+' NET 30 il►i•. , . : � n .,� � �. ° � � y�� oQ Clearwater City Commission Agen��. C��i� �r'x�r�,orw.��urrs .� Ilrm H: � L � Meeting Date: ' SU B)ECT: �� Yearl Software Maintenance for Ross Financial S stem RECOMMENDATI4N/MOTION: Award a contract to Ross Systems of Redwood City , CA, in the arnount of $45,731.58 for Finance system software support and rnaintenance, effective 07/01/96 through 06/30/97, in accordance with Code Section 2.564 (1) (b), sole source Ll and that the a pro riate officials be author:zed to execute same. SUMMARY: e The City purchased the Ross Finance system in )uly, 1992, including Fixed Assets, General Ledger, Accounts Payable, Purchase Order, Crossview Report Writer. • In order to receive periodic software enhancernents, source code updates and on-going telephone support for these products, a software maintenance agreement needs to be in effect, � Ross generally provides one major enhancement, per product, per year as wel) as unlirnited phone support for any questions/problems the City may have. • This contract continues rnaintenance coverage for the Ross Financial Systern for one year. • Ross Systerns has offered a�% discount on the rnaintenance service if payment is received by May 1, 1996. This itern is coming to the Commission at this time in order to take advantage of this discount. • The price quoted on the Agenda includes the 2% discount. With the discount applied, this year's maintenance costs are $1345.42 less than last year. • The software code is proprietary and therefore can on ly be supported by Ross Systems as a sole source vendor. • The FY 1995/96 Information Management operating budget includes sufficient funds for this purchase. Reviewed by: O�iginating Department: Costs: Commission Action: Legal NA Information Managernen�,�,L $45,731.Sa O Approved Budget .,-� /� Total O Approved with Conditions Purchasing User Department: �� 545;731.58 O Denied Risk Mgmt. NA Information Managernent j��(, � Current Fiscal Year ❑ Continued to: IS � � funding Source: ACM ❑ Capitallmprovemem: Othe� NA Advertised: C] Operating: t Date: ❑ Other: Attachments: (a� Paper: Submitted by: !7 Not Required Appropriation Code: Original Contract �-- Affecte� Parties �,�� t7 Notified 555-09862-546200-519-000 ❑ None Ci anager Cx] Not Required �e Printed on recycled paper GF.NFRAL T�;R1�iS AND CONDITIONS '� '��) � SFCTION 1. DEFINITIONS. - � (e) Agreement. The tcrm "Agrcement" mcans these �cnerul Tcrms and Conditions. thc Bueiness Terms and all attached Exhibiu and Addcnd:i. (b) Product. The term "i'roduct" means any of RSI's computer software programs identified in the Business Terms nnd includes e' related materials, documentation and information received by Licensee from RS1, and all corrections. modifications u. improvements oC any of thc foregoing thai RSI may pro�ide Liccnsee pursuant to Section 5 of this Agreement (c) Designated CPU. Thc term "Designatcd CPU" means Liccnsee's central processing unit as identifiui in the Busincss Terms. (d) Professional Servtces. "Professional Services" means the service5 described in Section 6 of this Agreement. SEC1'IOiV Z. LICF.NSF. (a) GrAnt of Llcease. RSI hereby gzan�c to Licensee a nonexclusive and nontransferable licen�e, without rights of sublicense, to use the Product for Liccnsec's own use es �ro�idcd in this Agrccmcnt Cor the term o( d�is ARreemcnt. (b) Authorlr.ed Usc. Licensee is authorized to use the Product only on a Designated CPU at Licensee's authorized site identifted in the Business Terms, except that thc Product may be u�ed (i) temgorarily on a substitutr CPU of a substantially similar mako and model and using the same operating system while a Desig-nated CPU cannot be used because of temporary equipment malfunetion or maintenance or (ii) nn a new Designated CPU of the same mnke and model and using the same operating system if a Designated CPU is replac�ci by Licensee and Licensee erases the Product in any and all forms 5vm all storage associated with the old Designated CPU and gives RSI notice designating the new Designated CPU within ten (10) days after the replacement. Licensee agrees that Licensee will not permit thc Product to be used by Licensee's customers or any other person or entity through a timesharing service� service bureau arrangement or other muld-user or rnulti-site arrangements. Liccnsee will not attempt or permit anyone else to attempt to modify, copy for distribution, reverse engineer. reverse compile or disassemb]e the object code for the Product. A separate set of Business Terms requiring separate fees must be c�mpleted for each CPU. (c) Title and Ownershlp. Licensee recognizes that RSi represents that the Product and all portions, reproductions, conections, m�dificnti�ns end imrmvements thereof provided to Licensee hereunder are (i) considered by RS1 to be trade ucrets; (ii) provided to Licensee in confidcnce; and (iii) the exclusive nnd proprietary property of RSI (except as grovided for in Section 2(d) below). Tille and full ownership rights in the Product nnd such portions, reproductions. corrections. modiFcadons� improvements, and all related patent rights, copyrights, trade secrcts, trademarks, service marks, related goodwill and confidontial nnd proprietary informntion. nre reserved to and shall remnin with RSI. Licensee agrees not to remove or descroy any copyright, trade secret, proprietazy or confidential legends or marking placed upon ar contained within the Product; and Licensee will reproduce and include all such legends and markings within copies of the Product made by Licensee, in whole or in part, for Licensee's own use. (d) Subllcensing. As a subdistributor of software products, RSI is authorized to sublicense certain third pazty software produc[s. Licensee recognizes and agrees that ticle and ownership of all software and patents. trademarks, trade secrets and copyrights telating to software distributed by RSI are the exclusi�e property of those thizd pazties with which RSI h�.s entered into a Sublicense Agreement. SECTION 3. DEi,IVERY. (a) Dellvery. RSI shall pzovide Licensee with (i) executable object code for the Produci, (ii) copies of the Product Documentation specified in the Business Terms, and (ui) training services as set forth in the Business Terms (if any). Training services will t, conducted at RSI's premises and wili be scheduled at a mutually convenient dme. (b) ��ping. Delivery shall be F. .. C,��F$�i6��'��klsedle�c�k��RPt}�PC3(�7X�(i�7(�lfi4c�rl(��44t�9� SECTION 4. PAYAtENTS (s) Ftrst Year Contruct Paymen 3�{��Xf1b�$sX�aK�f��K�iii�eX�f}�r��}f�'sXXH�XiK}�KiXXi�rK��fi�}rdf}�t}(� }�X�i�H�}�Fi�£d�X�t��i3i�34�I0F�}L�dii��E�ldlf}li}�P��3fk�K��iX See Addendum (b) Professional Services. Professional service fees not included in the total fust year conrract price will be invoiced mont}ily as the services aze performed and will be due within thirtj+ (3U) days of the date of the invoice. (c) Late charges. When invoices are past due ttwty (30) days or more� a late charge of one and one-half percent (1.590) of the past due amount will be added for each thirty (30) days past due. (d) Travel and Living Expenses. Licensee will reimburse RSI for the necessary and r�asonable costs incurred by RSI's representative(s) to perform training services, Professional Services or any other services hereunder, for travel and living ezpenses when such services are performed at Licensee's site. (e) Taxes. In addition to all chazges specified in this Ag�reement, Licensee will pay or reimburse RSI for all sales, use, value added and similar tazes based on the chazges paysble hczeunder and any personal praperty� privilege or other taxes based on Licensee's possession or use of the Product which are now or may hereafter be imposed under the auehority of any taxing jurisdiction. Licensee shall not be responsible for any tazGS related to RSI's income. SECTION 5. MAINTENANCE AND SUPPORT. (a) Mafntenance. During the term of this Agreement, so long as RSI offers maintenance and support for a given Product to RSI's customers generally and Licensee pays RSI's maintenance fees then in effect for that Ptoduct, RSI will provide Licensee with maintenance and support for that Product as follows: (i) RSI e+ill provide assi tance, bv telc�ione or_dial-up d'uect computer access, to the extent technically feasible to cause that Product to pe�[orm_ in accordance with _its published._'specifcations set forth in the product manual provided to Licensee; (ii) RSI will provide Licensee with_all improvements, extensions and other changes to that ,piq_duct_asslaveloped bY_RSI`that RSI_pzovides_general� at no additional cost to its other maintenance.customers for that Product - --- - -__ ��_—_— __ ("lmprovements"); and (iii) RSI will ugdate_that_Produccit_and as__requued so as to_c.ause it� to.operate in conformance with new versions or relcascs of_!�e operating systems for thc Designated CPU identifed in the Business T'erms. ("Updates") so long as such Updates are technicaily feasiblc�fot th�t Product ana-RS provides sucfi iJpdates generally to its customers fot that Product. Maintenance will be }novided for the then current version of that Product, as specified by RSI. If Licensee fails to purchase maintenance for that Product, or if such rnaintenance is eerminated, Licensee may continue to use tl�at Product pursuant t� the licensP granted hereunder but will nat be entitled to receive maintenxnce services for that Product. To reinstate such services, Licensee m� pay all maintenance fecs for perivds during which Licensee did not purchase maintenance, on a cumulative basis, together wii interest ttiercon com�unded aruivally s�t the rate of ten percent (1090) per snnum commencing with the expiration or termination o� the l:ut paid maintenance period, lf l,icensee dves not pay for maintenance for that Product, Licensee a�ill not be eligible to receive source code placed in escrow for Licciisees in the event RSI is unable to maintain that Product. •' 1� (b) M1talntenance Fees. hlaintenance fecs for All periods ot the term of this Agteement iue p�ynblc fn ecivnnce and will be chuged �t the tticn current mainteTiance rate xs describcd in RSI's then current ao(twere ptice list. (c) Cancellatlon. RSI may cancel its maintenance obligntion for any gi�en f 7oduct if Licensce declines to implemcnt nny Upd�te �o that Product which RSI �rrovides at no additional charge to all Liccnsees receiving maintenance from RSI for that F'roduct. In the event oC such cancellation, if Licensee is up to date on its rnnintcnance payments, RSI will mnke a�ro tata refund of tht maintennnce fec, based on the timc remaining in the maintcnnnce period then in effec� (d) Renewal. For each such subsequent year, RSI's obligntion to provide mnintenance and sup�rt services and Licensee's obligation to pay the maintenance and support charges then in effect shnll be nutornatically renewed on the nnniversary date o[ Lieensee's acceptance of this Agreemenc, unless eitlier RSI or Licensee lias given the other at least thirty (30) dnys written notice enncelling RSi's maintenance and su�ort. If there is an increase in annual rnaintenance and support chnrges ovcr t}�e preceding yenr, Licensee may also prevent such automatic renewal by giving RS[ written notice a[ cnncr_llation witliin tl�irty (30) dey� of receipt of RSi's invoice showing such increase. SECTION 6. PROFESSIONAL SERVICES RSI agrees to provid� professiona] and consulting services, computer applications and systems which Licensee nuthorizes from time to time by the placement of Work Orders as described below. Professional Services will be furnished by RSI in accordance with the following terms and conditions: (s) Work Orde�. Upon the request of Licensee, RSI will preparc n Work O-rder in dupiicate containing. among other�provisions, n description of the services to be performed and nn esti.mate of the personnel services effort, processing ch�zges, and other relnted costs. No obligation with respect to Professional Services shall be incwred by either pazty hereto unless and until a l�Vork Ordrr t es been executed in secordance with this AgreemenL All Work Orders shall be subject to the terms und conditions set forth herein. In the event any provision(s) contained in a Work Order conflict(s) with nny terms, conditions ot clauses in thia Agreement, the provisions of this Agreement shall govern. (b) Acceptance by Licensee. Licensee, upon acceptance of RSI's estimate of charges, shall execute the duplicate Work Order form in the space provided and return both fully executai copies to RSI. RSI will return to Licensee one fully exrcuted copy. (c) Inspectlon. All work under a Work Order shall be subject to inspecdon by Licensee to the extent pzacticabie at any reasonable time and place. Any inspeccion by Licensee shall be perforrned in such a mariner as not to unduly delay the work. (d) Changes. Licensee may from time to cime make changes. in writing. in the scope of work set forth in the Work Qrder. If any such change causes an increase or decrease in the estimated charges fiom that originally agreed upon. a new or amended Work Order reflecting the changes wiil be initiated. (e) Ownershlp. All executable programs, and all progr;unming documentation relating thereto, inctuding speciFcations developed by' RSI hereunder shall belong to RSI, provided that RSI shall gtant Licensee the right to use such progtarns as provided in Section 2(b) of this Agreemen� Notwithstanding any provisions of this Agreemen4 RSI may utilize freely any and all ideas, concepts, methods. Irnow-how or techniqucs related to progr�iming and processing of datn, discovered or developed by RSI dwing the performance of Professianal Services. SECTION 7. �VARRANTY AND LIABILITY (a) Warranty for Products. RSI hereby warcants that the Product� as deliverad by RSI. wiil be capable of operating substantially in • conformance with the Product's published speciEications set fotth in che product documentation. Licensee's sole and exclusive :emedy for breach of warranry by RSI will be to have RSI ptovide the maintenance setvices specified in Section 5(a). (b) Warrz+ntp for Professlonai Services. RSI hcreby wariants that any softwarc developed t}uough its provision of Professional Services will be supported by RSI for a period of thirty (30) days from the date of delivery. After such period, Licensee will be charged for any suppoR requested on a time and matcrials basis, (c) EXCEPT AS SPECIFICALLY PROVIDED IN TNIS SECTION, RSI MAKES NO WARRANI7ES EII7�ER EJ�PRESSED OR IMPLIED AS TO ANY MA7TER wNATSOEVER, A1vD DISCLAlMS ALL IMPLIED WARRANTIES. 1NCLUDINC, wITHOUT LIMITATION. TtIE CONDII70N OF TNE PROD UCT OR PROFESSIONAL SERVICES PROVIDED NEREUNDER, TflE1R MERCHANTABlLIl'Y. OR TNE1R. FII7VESS FOR ANYPARTICULAR PURPOSE. (d) Acts of Llcensee. Any modification of the Product not made by RSI ot any failure by Licensee to impiement any Improvements or Updates to the Product as aupplied by �RSI will void RSI'a maintrnance and sup�port obligations under Section 5� RSI's warranty under Seccion 7 and RSI's indemniry under Section 8, unless Licensee has abtnined prior written authoruadon from RSI permitcing such modification or failure tr� implemen� SBCTION S. PATENT AND COPYRIG�iT INDEMNIFICATION. RSI agrees to indemnify Licensee and to hold it harmiess from any and aIl clai.ms of infringement of United States patents. copyrights. trademarks, trade secrets, or other propriet�uy rights of third parties, asscrted ngainst Licensee by virtue of Licensee's use of the Product es delivered and maintained by RSI on a Designated CPU. pzovided that FtSl is given prompt notice of any such claim and the right to control and d'uect the investigation. preparadon, defense and settlement of each scch claim, and futthcr provided that Licensee reasonably cooperates with RSI in connection with the foregoing and provides RSI with all information in Licensee's possession related to such claim and futther assistancc as reasonably requested by RSI. RSI will have no obligation to �demnify Licensee to the extent any such claim is based on use of the Product with software or equipment not sugplied or expressly included within this indemnification in advance and in writing by RSI. Should the Product as delivered and maintained by RSI on the Designated CPU beeome, or in RSI's opinion be likely to become, the subject of any such claim, RSI may at its option procure for Licensee the right to continue to use the Product as contemplated hereunder or may teplace or modify the Product to makc its use noninfringing� or should such optivns not be available at reasonable expense, then RSI may terminate this Agreement upon thi.�ty (30) days prior written notice to the Licensee without futther obligation other than as provided in Sections 9 and 10 hereo[ except as follows: RSI shall promptly refund to Licensee a sum equal to one•sixtieth of the licrnse fee paid fot the atfected Product foz each month remaining of a fi�e year period beginning with the effeccive date of this Agteement. plus a pro rata amount of the prepaid maintenance charges for the nffected Product for the period then in e[fec� if arry, pa.id by Licensee, SECTION 9. CONFIDENTIALITY; NONDISCLOSURE. Licensee agrees that: (a) the Product, all related infotmation and materials r�eived by Licensee from RSI under this Agreement, and the tcrms of this Agreemcnt itself nrc nnd will be treatcd as the conCdcntial property of RSI; (b) �1l idcns, �Jgorithms. techniques, �nethods and �roces�es used in the ('roduct nre nnd will be treateci es tlie conficlentiel prnperty ot RSI; (c) Licencce will exercise nll reasoneble effotts to safeguard the confidcntiality of all of the [oregoing; (d) none of the foregoing nor any part thereoE be duplicated or in any way disclosed to others, or used as part of any product of Licensee's in whole ar in part, without the prior written petmission of RSI. Licensee agtees to indemnify RSI for all damages, costs and expenses (including court costs and reasonable uttomeys' fees) incurred by RSI in eonnection wilh any failure of Licensee or its e►nployees or agents to comply wid� Licensee's obligations under Qus Sectivn. The obligations of the Licensee J � set forth above, howevcr, shall not epply to confidential property which (i) is now or hereefter bccornes publicly Irnown; (ii) is disetosed to the Licensee by a third pnrty which the Liccnsee has no reason to believe i� not legally endtled to disclose sueh intormetion: (iii) is known by the Liccnsee prior to its receipt of the confidcndal propeccty; (iv) is subsequently developed by che Licensee indcpcndently o( any disclosures made hereundcr by RSI; (v) is disclosed with RSI's consent; or (vi) is disclosed by RSI to a thud pa.rty without simitar restrictioru, Ti�e obligations in this Section 9 shall survive the tetminadon, expiration or recission of this Agreemen� SECTION 10. TERM AND TERMINATION (a) Term. The License term of this Agreement shall commence upon the execution by Licensee of this Agreement as provided in th Business Terms and shall condnuc tor twrnty (20) years unless terminated in accordance with this A,greement. Training serviccs are valid for onc year from the effective date of this Agreemen� (b) Basls tor Termtas�tlon by F2SI. RSI will have the right immediately to terminate this Agreement if: (i) Licensee is delinquent in making paymcnt of any sum due under this Agreement and continues to be delinquent for a period of thirty (30) days after the Iast day on which such payment is due; or (ii) Licensee commits any other breach of this Agreement and fails to remedy such breach within thirty (30) days after Licensee receives wtitten notice of such breach. (c) Other Remedles; Damages. The right of termination under this Secdon shall be in addition co any other right or remedy eithet party may have hereunder. (d) Dlspc�sitlon on Termination. Upon the termination o[ this Agreement for any reason. the License granted hereundet and all righ�s of Licensee to the Products witl immediately cease, and Liccnsee wiil immediately: (i) return to RSI, or destroy, the Product•; (ii) purge all copies of the Products from all Designated CPU's and from any computer storage device vr medium qn which Licensee has placed or has pemtitted others to place any copies of the products; and (iii) give RSI a written certificadon that through its best elforts and to che best of its lrnowledge, Licensee hns compliod with alt of its obligntions under this Section 10(d). Terminadon will not affect LicensCe's payment obligations to RSI arising prior to termination. SECTION 11. LIABILITY. Limltatlons oo RSI's Llabillty, RSI SHALL NOT BE L.IABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISDVG OUT OF'IHE DEIIVERY, INSTAI.IATION� OPERATION� MAWIENANCE OR SUPPORT OF TE� PRODUCT B Y RSI OR LICENSEE'S USE OF THE PRODUCT AND PROFESSIONAL SERVTCES PROVIDED UNLESS DUE TO RSI'S NEGLIGENCE. 110ENSEE AGREES T%IAT (IXCEPT AS PROVIDED IN SECTION 8(PATENC AND COPYRIGHT II�IDEMNIFICATI01� ABOVE� RSI'S LIABIIITY POR DAMAGES� IF ANY, SEi�1LL NOrI' EXCEED T'E-tE CHARQES P�1ID TO RSI BY LICENSEE POR USE OF'I� PRODLICT TO WHICH SUCH DAMAGES RELATE UNDER THIS AGREEMEN'I'. NO ACITON. RE(3ARDLESS OF PORM. ARISING OVT OF ANY TRANSAC7ION UNDER TIiIS AGREEMFNT MAY BE B ROUQiiT BY EiTHER PARTY MORE TH.AN ONE YEAR AFIFR TI-IE INJURED PAR'TY fiAS KNOWLEDGE OFTHE OCCURRENCE WHICN GIVES RISETOTi�CAUSEOFSUCN ACITON. SECTION 12. GENERAL. (a) Entfre Agreement. This Agreement constitutcs the encire agrcement between the parties and supets�dea all prior agreements, understandings. negotiations and cliscussion of the parties. There are no warrandes, representations or agreements among thc parties rdated to the same subject mattez, exceyt as expressly set forth herein. Any and all mod.ifications of this Agreement must be made by mutual agreement of the parties and must be in writing, signed by an suthorized o�'icial of Licensee and RSI. (b) Walver, Amendment or Modlflcation. The waiver. amendment or modification of any provision of this Agreement or any right, power or remedy hereunder shall not be effecdve unless in writing and signed by the party against whom enEorcement of su� waiver, amendrnent or modification is soughL (c) Successors and Assigns. All the terms and provisions of this Agreement will be binding upon and inure to ehe benefit of tht parties hereto, and their successors. essigns and legal representatives� except that Licensee may not asaign or otherwise trancfcr this Agreement or the license granted herein without RSI's prior arritten corutnt Any attempt by Licrnseo to do so without that cotur.sit will be void. �(d) Escrow of Source Code. RSI has deposit�d the source code for the Product into an escrow account with an independent escrow agent, National Safe Depository. San Jose. California. If RSI is unable to pzovide maintenance� Licensees tha[ are current on their maintenance payments will be provided with the source code Lo the Product by the independent escrow agen� (e) Governing Law. The validity, construcdon and performance of this Agreement and the legal relations unong the parties shell �e governed by and consuued in accorda�nce with the lewa of the State of California. If any provisiort of this Agreement is held invniid or unenforceable. the remaining provisions of this Agreement shall temain in full force and effect. (� Attorneys' Fees. In the event of any action to enforce this Agreement, the prevailing parry shall be entided to recover from the other its court costs and reasonable attomeys' fees. inciuding costs and fees on appeal. (g) Accepts�nce. Acceptance of this Agreement by RSI is made canditional to assent by Licensee to all terms. and orily such terms, as are herein contained. Assent by Licensee in a wuy which adds to or modifies the provisions herein contained shall not act as an assent. (h) Captlons. The capdons of the Agreement aze solely %r reference and have no legal effect whatsoever and shall not in ar�y way affect the intcrpretation or construction of this Agreement� AUI�iORLLED SIGNATURES: Agreed, this day of , 199Y: I�CENSEE: C' of Clearwa r S[GNATURE: �`�. NAME: Michael J. W� ht �E: City Nianager 11/9l ROSS SYSTEMS, INC. SIGNATURE: NAME• �iC�. SrYI �'� � 1 'ITI'IE: C.�D ■:. ' �. T'. �� r '1>_ . � . � / .. � . . . . . ' .`.. , � Y � � f � � } 2 t t `� > i�►'� L S"�'' Y .a . � Y'� \` Clearwater City Commission /� n � � Agenda Cover Memorandum v` SIIBJECT: Conditional Assignment of I,ease for Marina Restaurant .� � t tem * �%�Meeting Dete: � _� � RECOMMENDATION/M4TION: Approve the Conditional Assignment of Lease for the Marina Restaurant from Edward M. Metallo and Ursula M. Metallo, d/b/a Marina Restaurant to Thomas C. Wolkowsky and Patricia A. Wolkowsky, d/b/a Marina Restaurant � e�d that the epp�opriate officials be authorized to execute same. BACRGitOtJND : * Edward M. Metallo and Ursula M. Metallo entered into a five year lease with the City of Clearwater for the Marina building space occupied by the Marina Restaurant on August 16, 1931. * The Marina Restaurant Lease Agreement will expire on September 30, 1996. * The Marina Restaurant pays a fixed monthly rent of $1,300 per month, plus ten percent of annual gross sales over $144,000. They pay taxes, insurance and maintenance on the rented space. * Because of health reasons, Edward M. Metallo and Ursula M. Metallo wish to sell the Marina Restaurant business to their daughter and son in law, Thomas C. Wolkowsky and Patricia A. Wolkowsky. * Thomas C. perform each Agreement. Wolko�wsky and Patricia A. Wolkowsky will assume and agree to and every covenant and obligation of the Marina Restaurant Lease * Staff recommends approval of this Conditional Assignment of Lease for the Marina Restaurant to Thomas C. Wolkowsky and Patricia A. Wolkowsky. Reviewed 6y: Legel Budgst Purchasing Risk Ngmt. CIS ACM Other S+�ei tted by: Ci ! ��r, � Printed on recycled paper Originating Dept: FlBC 1 f18 User Dept: Marine Advertised: DatP: PI/A Paper: N/A ❑ Not Required Affected Parties ❑ Notified O Not Required Costs: S N/A Total E N/A C�rrent Fiscal Yr. F�nding Source: ❑ Capital Imp. ❑ Operating C1 Other Appropristion Code: Coaaii�sion Actian: ❑ App�oved 0 Approved w/conditions � Denied ❑ Continued to: Attact�mertts: 1. letter from Mr. & Mrs. EdWard Metallo. 2. Corxiitionet Assigrn�ent of Lease for Narina Restaurant, 0 None . � � � -� ~' --J . � � � � ,.L:- C�,�� ,�z � 1�=�. -,� , , �.. ��O/ ^ � Z�� ZC � �z c� G , �,z. �� 7 i � �`Z��G � �-G _ `�C�� (� �. Cu� - � --� ' � GG�� . .- � ' �'J I C.. � �5 ��C�� .- ��. L��'- ; -�� _�� :� ��-r�i �r n� —,r.��aY�R MAR 0 8 199fi HHNbv��n� � �� vrt-10E m t ;� �:� `;� .�� COND[TfONAL ASS[GNMENT OF LF.ASE �}, In consideration of the sUm of One Dollar ($1.00) and other good and valuable considerations, the undersigned, Edward M. Metallo and Ursula M. Metallo, d!b/a Marina Restaurant, hereby sells, transfers and assigns all of its right, title, and interest in and to that certain lease dated the 16th day of August 1991, by and between the CITY �F CLEARWATER, FLORIDA, a rnunicipal corporation, as Lessor, and the undersigned, as Lessee, to Thomas C. Wolkowsky and Patricia A. Wolkowsky, d/b/a Marina Restaurant, effective as of , 1996 which said lease covers the lunchroom on the Ground F2oor in the Clearwater Marina Building, located on Lots 11 and 12 of C[TY PARIC SUBDMS[ON, Clearwater Beach, Clearwater, Florida. II�I WITNESS WHEREOF, Edward M. Metallo and Ursula M. Metallo, djb/a Marina Restaurant, through its offices have caused this instrument to be executed this /�/� day of '��1� , 1996. Witnesses; �--��;�G�,� � , % �„ / .�.1.!' ► Marina Restaurant bY��ti��'___'�v�{��f �` Edward M. Meta�lo ' � /_ Ursu a M. Metallo This Assignment of Lease is conditional upon approval of the Clearwater City Commission, and if consent assignment caru�ot be obtained by May 1, 1996, then this Assignment of Lease will be null and void. CONDIT[ONAL ASSUMP'T[ON OF OBLIGATIONS UNDER LEA.SE The undersigned, Thorr�as C, Wolkowsky and Patricia A. Wolkowsky, in consideration of the above and foregoing Assignment of Lease to them, and in further consideradon of the Consent thereto by the City af Clearwater, Florida, hereby assume and agree to perform each and every covenant and obligation of said Edward M. Metallo and Ursula M. Metallo, d/b/a Marina Restaurant, accruing under the Lease, effective as of , 1996, and for the remainder of the term thereof. IN WITNESS WHEREOF, we have hereunto set our hands and seals this �� day of "��,�L� 1996. Wimesses: � �� • 1.��G�� ,� �-v�-c� Marina �estaurant by �, as �. ► � om C. Wolk ws � i � � � G`(��C�� atricia A. Wolkowsky / CONSENT TO ASSIGNMENT The CIT'Y OF CLEARWATER, FLORIDA, a municipal corporation, the Lessor in the above described lease agreement, hereby consents to the foregoing assignment thereof from Edward M. Metallo and Ursula M. Metallo, d/b/a Marina Restaurant, to Thomas C. Wolkowsky and Patricia A. Wolkowsky, d/b/a Marina Restaurant. IN WITNESS WHEREOF, this consent has been signed by and through the proper officials of said municipal corporation, this /� day of � 1996. Countersigned: Mayor-Commissioner Rita Garvey Approved as to Legal form and conectness: Assistan.t City Attorney Jnhn C. Carassas CITY OF CLEARWATER, PLORIDA by City Manager Elizabeth M. Deptula Attest: Ciry Clerk Cynthia E, Goodcau , . �y �E.�1��.� �'.�`�� s � _� o '9 ---._ Q� �y'�TEA��'� Clearwater City Commission �� `—� A enda Cover Memorandum g SUBJECT: Purchase liquid polymer for the Water Pollution Control Division. � , Item # Meeting Date: REC�MEVIENDATION/MATION: Award a three year contract from 4-18-96 through 4-17-99 for the purchase of polymer from Leahchem industries, Inc. Titusville, Florida for an estimated $339,000 being the lowest most responsive bid submitted in accordance with the specifications, � and that the appropriate officials be authorized to execute same. � SUMMARY: • Polymer is needed as a thickening and dewatering agent for wastewater sludges at the Northeast plant. Polymer is used to separate water from the solids thereby hauling more solids and less water per shipment. � Seven polymer vendors were each mailed a letter and invited to bench test their products and select a product that produced the best results. Each vendor's product was then tested for dewatering capabilities. • The top three vendors with the best results were invited to participate in phase three, actua{ field trials with their product using the equipment under normal working conditions. o After the results from the field trials were avai{able, each vendor was informed of their results and asked to submit a bid based on performance. • Al! bench tests and field tria{s were conducted under the supervision of an independent contractor. • The low bid price was established by multiplying the price per pound of product by the pound of product required per ton of dry solids. • Three bids were solicited, three bids were received; there was zero "no response" and zero "no bid". • The 95-96 Engineering/WPC Operating budget includes sufficient funding for this contract through 9-30-96; funding subsequent to that will be included in the department's Operating budget requests. Reviewed by: Origi�ating Dept: Costs: S est 339,000 Cortmission Action: Legal N/A Engineering/WPC�;! Total O Approved Budget ' "`-' ❑ A roved w/conditions Purchasing � est. 57,000 PP Risk Mgmt. /A Current Fiscal Yr. ❑ Denied CIS N/A User Dept: ❑ Continued to: ENG F�nding Sourcc: ACM � O Capital imp. Other Advertised: � Operating Attachments: Date:09/22/95, 09/29/95 � Other Bid Tab , Paper: Pinellas Cty. Review, ' Tampa Tribune � Not Required ❑ None Submitted by: Affected Partics 421A-013�SP1�-5504 0 53�Sc-000 /�� Notified Ci t Ma n e r � N o t R e q u i r e d Y . . . . .�`�, � a H � � z° i � . p a ap W U m a� o� � �i � p6 � � 0 � a� � � � � ��s W ao� CL a °u z M � a � a w z H � H � � Dq Z H � � a 0 H � � U 2 N W H � � H W H � U X 'Z N N V H a „ a a � � a o N N M � a ° H (L � a a � a v� � Q a o � o cn a .n �+ .i � a at Ca x .-r u W h � ii u r; u H � r-i II a a n a a u ii n \ i� rl U O .-� a a a w a �Q ,.~7 0 O N � a � � a � u W E�-� � ii H i� N tl a q ii tl ti� W ..7 N U O .-i a "' a � ��, Q .-�7 0 0 O V1 - w a � N cn a xt q z � O N � M � n ra z � � a � � �� H � ao (i �'1 M Er i Ei7 N '�, u� o � � C1 H w � � Ar�i � �r, 7 � a � A M ro 0 0 � �, � a � � H � � ��w� u � m u� o � � � � � � � A A � m w :•, z ;, : ' i 4 i .;: e � «� � I s ,,� _. �'� �� CLEARWATER CITY COMMI�SION ��• Agenda Cover Memorandum • .� J �__ � I t em tt Meetinc� Date �� SIIBJECT: I,icense Agreement for Personal Cammunications Systems installations. RECOMMENDATION/MUTION: Approve a License Agreement with PCS PrimeCo, L.P, a Delaware Limited Partnership, licensing to its non-exclusive use City communications towers at 3290 State Road 580 and 1400 Younq Street, and the North Water Tank at 1751 Kings Highway, for the purposes of installing and operating Personal Communications Systerns ("PCS" ) equipment for an initial 5 year term, with the option to automatically extend for 4 additional terms of 5,years each, unless the City is timely notif ied to the contrary, providing for �initial year lump sum annual rent payment of $37,800 payable upon the License commencement date, increasing 4� annually thereafter, due and payable in single annual installments upon each anniversary of the comrnencement date, � az�d that the appropriate officials be authorized to execute same. SUMMARY: ► PCS PrimeCo, L. P. ("PrimeCo") is a consortiurn of major communications companies: Be11 Atlantic PCS, Inc., NYNEX PCS, Inc., Airtouch Communications and U.S. West, Inc. PrimeCo proposes to install PCS equipment on three City structures: the communications towers at the Northeast Treatment Plant, the communications tower just east oi Missouri Avenue at 1400 Young Street on land under 99 year lease to the City by the Florida Department of Transportation until 2075, and on the City's North Water Ta�k at the Kings Highway Recreation Center, 1751 Kings Highway. ► Installation at each site will include ground base communications equipment on a concrete pad not to exc�ed 15' X 25' (375 square feet) linked by coaxial cable to 9 antennae in 3 arrays at structure elevations of 115 to 120 feet (Exhibits "A" -"C") . The City would provide 24 hour access to the sites if PrimeCo coordinates with the responsible City departments. ► The initial 5 year term of the License will commence r�ot later than 60 days following City Commission approval. PrimeCo shall establish the commencement date by providing written notification to the office of the City At�orney at least 10 days before it wishes to access the sites to commence construction. ► The Zicense will automatically extend for unless PrimeCo gives the City written notice days prior to expiration of the then current e legal �'. Budget N/A Purchasing N A Risk Mgmt. IS ` N/A ACM � �1 ENG. i�- �•' ' 07HER � j = Submitted b • � City M gey' , � PCSPrime.Afln up to 4 additional 5 year terms to the contrary not less than 30 term. = Originatirg Dept_ � Costsc N/A _ , , Engineering , ' ' (Current FY) i ..� i ' User Dept. ' Funding Source: � General Services� ; Capt. Imp. ; Publ i c Works � f1�/,`� ; ; Acfvertised: ; Operating i � ' Date: ` Other ' Paper: ; � ; Appropriation Code(s) ; Not required X i � ' Affected parties ' � notified S � i Hot req�ired X (continued) Carmissio� Action Approved Approved w/conditions Denied Cont'd to Attachments: Li�ense Agreement aith Exhibits "A" through �'D" Locator Map - alt sites Page 2- Agenda Cover Memorandum PrimeCo License Agreement ► Under the License Agreement, rent is payable in an annual lump sum installment due upon commencement, and upon each anniversary thereafter. Initial year rent is established at $37,800 based on $12,240 for each communications site and $12,960 for the North Water Tank site, each calculated at $1.00 per foot above ground level per month for each installed antennae, with installation of 9 antennae at approximately 1.15 feet on each of the communications towers and 9 antennae at approximate3y 120 feet on the water tank. The annual rent adjustment established in the License is 4%. Total rent due the City during the initial 5 year term is $204,736.99. Should PrimeCo exercise all extension options for a full 25 years, total rent to the City will be $1,574,215.10. ► Other key provisions of the License include: ♦ PrimeCo will be responsible for all maintenance and utilities related to its installations, all taxes either the License or the PCS improvements may create, combined single limit bodily injury and property damage insurance of not less than $1,000,000 with the City as additional insured, performing environmental audits prior to commencement and upon final termination with responsibility for any degradation attributable to its installations during the License term. ♦ PrimeCo covenants that its installations will not interfere with any City communications equipment, or that of others currently operating under any agreement with the City. e The City will be responsible for maintaining its cammunications towers and the North Water Tank during the License term, and any extensions; and agrees not to license their use for any other communications installations that would interfere with PrimeCo operations. ♦ P�imeCo may terminate the License if governmental approvals are denied, or later revoked; if it determines construction or operational costs are prohibitive, for technological reasons such as, but not limited to, signal interference, or in the event of condemnation to the extent operations would no longer be feasible. ♦ The City may terminate the License only upon material unremedied default o� any License provisions by PrimeCo. ♦ The City agrees it will cooperate as appropriate to obtain governmental approvals and permits necessary for construction and operations. ♦ PrimeCo is responsible for removing all of its equipment upon final License termination, and for site restoration. ♦ Either party may record a Memorandum of License upon the public records (by the City, as per Exhibit "D") � I,I�TNSF ACTRE�;11�i I;N'�' THIS LICENSE AGREEMENT is made and entered into �his day of , 199 , by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation (herein, "City", or "Licensor"), and PCS PRIMECO, L.P., a limited partnership pursuant to Delaware Revised Uniform Limited Partnership Act, having its general offices at 8875 Hidden River Parkway, Suite 350, Tampa, Florida 33637 (herein, "Prim�co" or "Licensee"). 1. Premises: The City hereby grants to PrimeCo and PrimeCo hereby accepts from the City a nonexclusive license to use not more than 375 square feet of land area situated within the chain link fenced boundaries enclosing each of the City's two (2) existing radio communications towers, and one (1) water tank now operational at the following locations: (a) Communications Tower - operational upon the grounds of the City's Northeast Water Pollution Control Plant, 3290 S.R. 580 and McMullen Booth Road (herein, "WPC site") loc�ted at Latitude 28°O1'S4" Nortr: and Longitude 82°42'16" West, and; (b) Communications Tower - operational at 1400 Young Street upon the grounds of park property under leas� by the City from the Florida Department of Transportation by virtue of that certain 99 year lease dated January 19, 1976 and that certain Modification of Lease dated January 26, 1986, all being recorded �n O.R. Book G275, Pages 1880 through 1888, in the Public Records of Pinellas County, Florida, located at Latitude 27°56'42" North, and Longitude 82°47'13" West (herein, "Missouri site"), and; (c) North Water Tank - operational upon the grounds of the at the City-owned Kings Highway Recreation Center, 1751 Kings Highway (herein, "North Water Tank") located at Latitude 27°59'09" North and Longitude 82°46'43" West; Together with space on the communication towers and on the water tank balcony hand rail to mount Personal Communications Systems (herein "PCS") antennae arrays as specified in Paragraph 2 below and depicted in Exhibit "A" as to the WPC site and in Exhibit "B" as to the Missouri site, and upon the railing of the North water tank site, as depicted in Exhibit "C", each being attached hereto and by reference made a part hereof . 'rhe land areas and the communications towers and water tank mounting spaces are referred he�ein as the "Licensed Premises." Final site specific eng�.neering plans and load factor calculations regarding the respective sites are subject to final approval by authorized City officials prior to commencement of any construction or installation of any communications equipment by PrimeCo, its employees, agents or contractors. 2. Communications Equibment: The City hereby grants permission to PrimeCo to install and operate the following described PCS communications equipment, building, generator and associated equipment on and within each of the Licensec� Premises: Page 1 of 13 (a) Three arrays of three antennas each (Antel Model SDA 185090/12j, or equivalent, to be installed upon each oF the City comrnunications towers with the centerline of mountinq each array at 115 feet above ground level (A. G. L. ). The exact locatians of al]. antennas shall be supplied to the City in the form of as- built drawings after installation. No alterations shall be made thereafter withoat prior written approval by the City and acceptance thereof by PrimeCo. (b) Three arrays of three antennas each (Antel Model SDA 185090f12, or equivalent, to be installed with the antennas to be rr.ounted on the North Water Tank balcony hand rail assembly, at 120 feet A.G.L., more or less. The exact locations of all antennas shall be su�plied to the City in the form of as-built drawings after installation. No alterations shall be made thereafter without prior written approval by the City and acceptance thereof by PrimeCo. (c) Flexible coaxial transmission lines between antennas and PCS communications equipment which shall be anchored and installed on the respective communications towers and North Water Tank structures in accordance with good and accepted engineering practices. (d) Radio communications equipment consisting of transmitters, receivers and accessories to be installed in an equipment bUilding Iocated in accordance with approved final site pl�ns identified as Exhibits "A", "B" and "C" attached hereto. The ground space at each site shail be 15' X 25", more or less, within the fenced enclasures at the respective sites. In this agreement, all of PrimeCo's equipment, buildings, panels, generators, cables, wires, antennas, and accessories are referred to collectively as "Communications Equipment" or "Communications Centers." 3. Term: The primary term of this Agreement shall be for five (5) years commencing on , 199 (the "Commencement Date") and terminating at Midnight, , 200 , subject to extensions as set forth in Paragraph 8 below. The Comm�ncement Date as set forth herein shall coincide and be identical with the first day of the first month in which PrimeCo intends to enter upon the Licensed Premises to commence construction of any of its Communications Centers, but in no event later than �_ days following the date of 1;his agreement as first above written. PrimeCo shall provide written notice of the intended Comrnenc�ment Date to the office of the City Attorney, 112 South Osceola Avenue, Clearwater, Florida 34616 not later than ten (l0� business days �rior to said Commencement Date. 4. Rent: During the primary term of this Agreement, as rental for the Licensed Prernises, PrimeCo will pay the City ihe initial year annual sum of THiRTY SEVEN THOUSAND EIGHT HUNDRED AND---KO/100'5---DOLLARS ($37,800.00), payable in a sit�gle annual installment in advance upon the Commencement Date of this agreement. The annual rental duri��g the primary term and any renewal Page 2 of 13 �. five year term(s) will be adjusted upward by four percent (4%) annually effective and payable upon each anniversary during the primary term and any extensions thereof. The total initial year annual rent due hereunder is calculated for each of the three licensed premises as follows: Site A- 3290 State RQad 580 .............................$12,420 Site B- 1400 Young Street ...............................$12,420 Site C- 1751 Kings Highway ..............................$12,960 TOTAL INITIAL YEAR ANNUAL RENT ...........................$37,800 5. Use: PrimeCo will use the Licensed Premises for the purpose of constructing and operating Communications Centers as provided herein. PrimeCo will abide by all Iocal state and federal laws and obtain all permits and licenses necessary to operate its systems. PrimeCo shall use the Licensed Premises far no other purposes without th� prior written consent of the City. 6. Access: PrimeCo shall have reasonable inqress and egress to the Licensed Premises on a 24-hour basis for the purposes of maintenance, installation, repair and removal of said Communications Equipment. Provided, however, that only authorized engineers or employees of PrimeCo, or persons under PrimeCo's direct supervision, will be permitted to enter the said Licensed Premises, and their entry shall be for the purpose of installing, removing, or repairing PrimeCo's Communications Equipment �nd for no other purpose. PrimeCo shall notify the City in advance of its need to install, remove, or repair its Communications Equipment located on the Licensed Premises, except in the case of an emergency in which event notificati�n shall be given as soon as reasonably possible. Access requiring entrance into or onto the communications towers shall be coordinated with the General Services Departrnent oF tt�e City with respect to the communications towers, and with the Public Works Department, Water Division, with respect to the North Water Tank. 7. Utilities at PrimeCo's Cost: PrimeCo shall be solely responsible for and promptly pay all charges for electricity, telephone, and any other utility used or consumed by PrimeCo on the Licensed Premises. The City shall advise PrimeCo and fully cooperate with any utility company requesting an easement over and across the Licensed Premises or other lands owned by the City in order that such utility company may provide service to PrimeCo. If additional easement is required to provide such utility services to the Missouri site, the City will cooperate with PrimeCo in seeking the grant of such easement from the State Department of Transportation. PrimeCo shall have an electrical current meter installed at the Licensed Premises and have the right to run underground or overhead utility lines directly from the util.ity source to PrimeCo's CommLinica�tions Equipment. The cost of such meter and of installation, maintenance and repair thereoi shall be paid by PrimeCo. PrimeCo and the utility company providing services to PrimeCo shall have access to all areas of the Licen�ed Premises, or other lands of the City, necessary for installation, maintenance and repair of such services; provided, that access requiring entrance into or onto the communications towers shall be coordinated with the General Services Department of the City. Page 3 of 13 8. Extensions: PrimeCo shall have the option to extend this License by a series of four (4) additional terms of five (5) years each so long as it has abided by the terms and conditions of the License and is not currently in default hereunder. If written natice to the contrary is not delivered to the City by PrimeCo not less than ninety (90) days prior to the expiration of the primary term or any extension thereof, as the case may be, it will be deemed that PrimeCo has elected to exercise it option to extend this license for an additional term, and the license term shall automatically extend for an additional five (5) year term as provided herein. The annual rental amount shall also automatically adjust as provided in Paragraph 4. 9. Holdinq Over: If PrimeCo should remain in possessi�n of the Licensed Premised after expiration of the primary term or any ext-�nsion of thi� License, without the exercise of an option or the execution by the City and PrimeCo of a new license, then PrimeCo shall be deemed to be occupying the Licensed Premises as a tenant-at-sufferance on a month-to-month basis, subject to all the covenants and obligations of this License and at a monthly rental calculated at one and one-quarter (1.25) times the annual rental scheduled to be paid as provided in Paragraph 4 divided by twelve (12). The payment of such monthly rental amount shall be due and payable by the first day of the month succeeding the expiration of the final month of the License term previously granted by the City. 10. Kotices: (a) Any notice shall be in writing and shall be delivered by hand or sent by United States registered or certified mail, postage prepaid, addressed as follows: CITY: City Manager City of Clearwater P. O. Box 4798 Clearwater, F1. 34618-4748 PRIMECO PCS PrimeCo 8875 Hidden River Parkway Suite 350 Tampa, Florida 33637 However, where coordination with the General Services Department of the City or the City's Public Works Department, Water Division,is required by this agreement, noticz shall be given by telephone, facsimile transmission or by hand delivery a1: either of the following mailing addre�ses or physical addresses and telephone numbers: General Services Director City of Clearwater P. O. Box 4748 Clear�aater, F1. 34618-4748 Telephone: 24 Hr. Emergency: Fax Number: (813) 462-6777 (813) 462-6633 (813) 462-6457 Physical Address: 1900 Grand Avenue, Clearwater, F1. 34625 Water Superintendent Telephone: (813) 462-6848 Public Works Department 24 Hr. Emergency: (813) 462-6633 City of Clearwater Fax Number: (813} 462-6561 P. O. Box 4748 Clearwater, F1. 34618-4748 Physical Address: 1650 North Arcturas Avenue, Clearwater, F1. 34625 Page 4 of 13 {b� Either party may change its address and telephone number(s) to which notice shall be given by delivering notice of such change as provided above. Notice shall be deemed given when delivered if delivered by hand, or when postmarked if sent properly by mail. 11. Liability and Indemnity: PrimeCo agrees to indemnify and hold the City harmless from all claims (including casts and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of PrimeCo or PrimeCo's agents, employees or contractors occurring during the term of this License or any extensions in or abo�ut the Licensed Premises. PrimeCo agrees ta use and occupy the Licensed Premises at its own risk and hereby releases the City, its agents and employees, from all claims for any damage or injury brought on by PrimeCo to the full extent permitted by law. The City agrees to indemnify and save PrimeCo harmless from all claims (including cost and expenses of defending against such claims) arising or alleged to arise from the negligence or williul misconduct of the City or the City's agents, employees, contractors or other licensees or t�nants of the City occurring during the term of this License, subject to any defense or limitation pursuant to Section 768.28, Florida Statutes. 12. Termination: (a) Either party shall have the right to terminate this License at any time as follows: 1. By either party, if the approval of any agency, board, court, or other governmental authority necessary for the construction or operation of the Communications Equipment cannot be obtained, or is not obtained after due diligence, or is revoked. 2. By either party, in the event of a material breach of any of the provisions of this agreement, subject to Paragraph 13 below. 3. By PrimeCo, if PrimeCo determines that the cost of obtaining or retaining the approval of any agency, board, court, or other governmental authority necessary for the construction or operation of the Communication Equipment is prohibitive, or if PrimeCo cietermines that the property is not appropriate for its Communications Equipment for technological reasons, including, but not limited to, signal interference. 4. By PrimeCa, in the event that any government or public body shall take all or such part of the Licensed Prem�ses thereby making it physically or financially infeasible for the Licensed Premises to be used in the manner it was intended to be used by this Agreernent. However, if only a portion of the Licensed Premises is taken, and PrimeCo does not elect to terminate this License under this provision, then rental payments provided under this License shall be abated proportionally as to the portion taken which is not then usable by PrimeCo and this License shall continue. Page 5 of 13 5. By the City, if the City determines that the installation or operation of the Communications Equipment is detrimental to the operation of the City's communications equipment within and upon the respective Licensed Premises, or the communications equipment of any other party with whom the City has previously entered into a lease or licensing agreement specifically for the construction, operation and maintenance of communications equipment. (b) The party terminating this agreement shall qive written notice of termination to the other party not less than thirty (30) days in advance of the effective date of termination. Upon termination, neither party will owe any further obligation under the terms of this License, except that PrimeCo shall be responsible for removing all of its Communications Equipment from the Licensed Premises and for restoring the areas occupied by PrimeCo to its original canditions as near as practicable, save and except normal wear and tear a�d acts beyond PrimeCa's control. (c) Upop termination of this License, the term hereby granted and all rights, title and interest of PrimeCa in the premises shall end and the City may re-enter upon and take possession of the premises. Such termination shall be without prejudice to the City's right to collect from PrimeCo any rental or additional rental which has accrued prior to such termination together with all dama�es, including, but not limite� to, the damages specified in subparagraph (1) of this paragraph which are suffered by the City because of PrimeCo's breach of any covenant under this License. 13. Defaults and Remedies: (a} Notwithstanding anything in this License to the contrary, PrimeCo shall not be in default under this License until: l. In the case of a failure to pay rent or other sums due under this License, fifteen (15) days after receipt of written notice thereof from the City; or � 2. In the case of any other default, thirty (30) days after receipt of written notice thereof from the City; provided, however, where any such default cannot reasonably be cured within thirty (30) days, PrimeCo sha11 not be deemed to be in default under the License if PrimeCo commences to cure such default within said thirty (30) day period and thereafter diligently pursues such cure to completion. (b) In the event of PrimeCo's default in the payment of rentals or PrimeCo's failure to comply with any other material provision of this License, the City may, at its option, terminate this License without affecting its right to sue for all past due rentals, and any other damages to which the City may be entitled. Should the City be entitled to collect rentals or damag�s and be forced to do so throuqh its attorney, or by other legal procedures, the City shall, upon receipt of a favorable ruling, be entitled to its reasonable costs and attorneys' fees thereby incurred upon said collection. Page G of 13 14. Taxes: PrimeCo shall pay annually any and all taxes that may be levied and assessed upon the License� Premises attributable to any impravement thereto made by PrimeCo, the Communications Equipment installed thereon, or upon this agreement. If any such tax is paid by the City, PrimeCo shall reimburse the City for the amount of any such tax payments within sixty (60) days of receipt of sufficient documentation indicating the amount paid and the calculation of PrimeCo's pro-rata share. Upon written, request by PrimeCo, the City shall furnish evidence of payment o� all such taxes. 15. Insurance: PrimeCo, at its expense, shall maintain in force during the terms of this License, and provide the City a certificate, or certificates, of insurance covering the entire term of the License, or any extension thereof, a combined single limit policy of bodily injury and property damage insurance, with a limit of not less than $1,000,000 insuring the City and PrimeCo against all liability arising out of the ownership, use, occupancy or maintenance �f the Licensed Premises and appurtenant areas, which policy shall name City as an additional insured. The City's Risk Manager may require PrimeCo to provide any or all of the following additional Insurance Endorsements upon determination of any additional risks inherent to the City as party to this License Agreement: a. Contractual l.iability coverage. b. Personal Injury Liability coverage. c. Broad Form Property Damage Coverage. All insurance coverages herein provided shall: a. Be written on an "Occurrence" basis. b. Shall not be suspended, voided, canceled or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City's Risk Management Office at the followir.g mailing address: Risk Manager, City of Clearwater, P. O. Box 4748, Clearwater, Fl. 34618-4748. - c. Certificates of Insurance meetinq the specific required insurance provisions of this License Agreement shall be forwarded to the City's Risk Management Office and approved prior to the start of any work or possession of the Licensed Premises. d. All insurance policies required within this agreement shall provide full �overage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the City. 16. Environmental: a. Following execution of this agreement by the City PrimeCo shall, at its expense, contract the services of a qualified environmental f irm or individual to perform to current ASTM standards, a commercial Phase I environmental audit of the license Premises as described in Paragraph 1(a), Page 7 of 13 (b) and (c) to determine if there is any basis for suspectinq t}�at hazardous materials or waste have been de�osited or released in or U�on said premises. If the results of the Phase I investigation reveal to PrimeCo a potentially hazardous materials or waste situation, then PrimeCo shall be entitled, at PrimeCo expense and option, to perform a Phase II environmental investigation meeting applicable current ASTM standards consisting of, but not limited to, the sampling and analysis �� soil, ground water, air, building and structural components, and any other materials that may be upon or in the property. It is mutually agreed between the parties that should the environmental investigations herein described reveal to PrimeCo a putential or actual problem concerning hazardous materials or waste in or about the license Premises, PrimeCo upon providing copies of the environmental reports and reasonable written notice to the City, shall be entitled to terminate this agreement. b. If PrimeCo does not terminate this agreement as provided above, it shall provide the City with copies of all environmental reports resUlting from investigations of the license Premises not later than thirty (30) days preceding the Commencement Date as defined in Paragraph 3. The City shall have the priviledge of reviewing and independently verifying the findings and conclusions contained in each and all of the reports provided by PrimeCo prior to the Commencement Date, and at its sole option, may reject the reports in their entirety, and by written notice to PrirneCo as provided herein, may terminate this agreement. If the City elects not to terminate this agreement under this provision, it shall be deemed thereafter that the conclusions as defined in the report(s) shall establish the environmental baseline for the license Premises, and the City shall defend and hold PrimeCo harmless from any pollution or hazardou� substances or wastes established as the environmental baseline, subject to any defense or limitati�n �vailable to the City pursuant to Section 768.28, Florida Statutes. PrimeCo shall thereafter indemnify, defend and save harmless the City, its successors, assigns, employees, contractors and agents from and agair.st any legal or administrative proceeding brought against the City; from all demands, claims, fines, penalties, or costs occasioned by subsequent discovery of any other pollution or hazardous substances or waste involving the license Premises, whether known or unknown to the City, whether based in federal, state, or local environmental or other laws; strict liability or cornmon law; from any damage, e].aim, liability or loss connected to any condition in, on, or of the license Premises as of the date of the written report(s), the results, evaluations and conclusions contained therein; as well as during PrimeCo's occupancy of the license Premises and afterward as to any continuing violations after PrimeCo's occupancy if such violations can reasonably be determined to have been caused directly by PrimeCo, its employees, agents, contractors, or any person or entity acting f or or on behalf of PrimeCo. These covenants by PrimeCo to indemnify, defend and hold harmless the City, its successors, assigns, em�loyees, contractors and agents sh�l� �xtend to and include any obligations of the City to perform remedial work ordered or recommend�d by any governmental or administrative agencies. PrimeCo shall be solely resnonsi.b�e for responding to such yovernrnental or administrative agencies claims relatii�g to contamination of the Premises as may be �irectly attributable to PrimeCo, its employees, agents, contractors, or any person or entity acti.ng for or on behalP of PrimeCo during th� term of this license, or any extension th�reo£, vr after termination. Pagz 8 of 13 C. Upon expiration or termination ot this license, PrineCo shall, at its expense, procure an environme»tal audit, or audits, through an environmental firm or individual mutually agreeable between PrimeCo and the City, in coniorrnity with City of Cl�arwater Environrnental Audit and Property Assessment Guidelines as may be i� existence at the time of expiration or termination. Should the results of such studies and tests reveal any environmental contarnination of the prernises in amounts and/or concentrations exceeding minirnum acceptable levels as then established by applicable governmental authorities, or in excess o� the baseline environmental condition of the Premises as established at the license Commencement Date, whichever shall define the lowest limits of en�ironmental contamination then present in, on, or of the license Premises, PrimeCo shall pay all costs associated with environmental rernediation of such contarnination exceeding the lowest limits established using the aforementioned criteria if such contamination is found to be directly �ttributable to PrimeCo, its employees, agents, contractors, or any person or entity acting for or on behalf of PrimeCo during the term of or any extension of this license, or after termination. d. PrimeCo agrees to provide the City within seven (7) days of execution by PrirneCo, copies of all registrations, reports, closure assessrnents and certifications of financial responsibility forms as may be required to be submitted to the State Department of Environmental Protection, or its successors, pia�rsuant to Ru1es of the Florida Administrative Code. e. The City and PrimeCo mutually covenant and agree that during the term of this license, or any extension thereto, to fully c:omply with all Federal, State and Local environmental laws and administrative Rules, at�d that neither party will use, generate, store or dispose of any Hazardous Material a5 .identified and defined now or during the term or any extension of this license in and by said laws and rules. Each party agrees to hold harmless, defend and indemnify the other, along with their respective successors and/or assigns, partners, affiliates, ernployees, contractors, agents, and all others acting for or on behalf of either party in any manner or action that may reasonably be determined to be in violation of this provision, subject to any degense or limitation available to the City pursuant to Section 768,28, Florida Statutes. 17. Tests: PrirneCo is hereby given the right to survey, soil test, radio coverage test, and conduct any other investigations needed to determine if the surface and location of the Licer,sed Premises is suitable for construction and installation of its Cornmunications Equipment prior to the Commencement Date as defined in Paragraph 3. The terms of Paragraph 11 shall also apply. 18. Fixtures: The City covenants and agrees that no part of the improvements constructed, erected or placed by PrimeCo on the Licensed Premises or other real property owned by the City shall be or become, or be considered as being, affixed to oz a part of the City's real property, any and all provisions �nd prir�ciples of law to the contrary notwithstanding. Al1 improvements of every kind and nature constructed, erected or placed by PrimeCo on the Licensed Premises shall be and remain the property of PrimeCo. Page 9 of 13 19. Assiqnment and Sublettins: PrimeCo may assign or sublet the Licensed Premises or any part thereof without the consent of the City only if PrimeCo remains liable for fulfillment of payments under this License and the nature of the use is not changed or �lze assignment- is made to an affiliate of PrimeCo. All other assignments shall require the City's prior written consent, which consent shall not be unreasonably withheld. 20. Memorandum of License Agr_eement: Following the execution of this License, either party, at its sole expense, shall be entitled to file the Memorandum of License Agreen,ent (attached as Exhibit "D") of record in the public records of Pinellas County, Florida. 21. Other Conditions: (a) The City acknowledges that following the execution of this License, PrimeCo will contact appropriate local governmental agencies for the purpose of obtaining all building permits and approvals, zoning changes and approvals, variances, use permits and other governmental permits and approvals ("Local Permits") necessary for the construction, operation and maintenance of the Communicaticns Equipment on the Licensed Premises. The City agrees to fully cooperate with PrimeCo in obtaining the Local Permits and, without limiting the generality of the foregoing, to execute any applications, maps, certificate or other documents that may be required in connection with the Local Permits. (b) Whenever under the License the consent or approval of either party is required or a determination must be made by either party, no such consent or approval shall be unreasonably withheld or delayed, and all such determinations shall be made or. a reasonable basis and in a reasonable manner. (c) The City covenants that PrimeCo shall, upon paying the rent and observing the other covenants and conditions herein upan its part to be observed, peaceably and quietly hold and enjoy the Licensed Premises during the term of this License or as it may be extended without hindrance or ejection by the City, any person or persons claiming under the City, or any other licensee or tenant of the City. (D) PrimeCo covenants and agrees that PrimeCo Communications Equipment and installation, operation and maintenance will: (1) Not irreparably damage either the WPC or Missouri cammunications towers, nor the North Water T�nk structure, and accessories thereto. (2) Nc�t interfere with the operation of the City's radio or other communications equipment, or that ef other licensees or tenants currently utilizing the towers or licensed or leased premises for such purpos�s within 100 yards of the License Premises. In the event there is interference by PrimeCo, PrimeCo will promptly take all steps necessary to correct and eliminate same with a reasonable period �f time. If PrimeCo is unable to eliminate such interference caused by it within a reasonzble period of time, PrimeCv agrees to remove its �.ntennas from the City's property �nd this Agreement sha11 terminate. � P��ge 10 of 13 (3) Comply with all applicable rules and requlations of the Federal Communications Commission and the ordinances of the City, includir.g but not limited to the building and electrical codes of the City. (e) If the Licenses Premises is damaged for any reason so as to render it substantially unusable for �rimeCo's use, rent shall abate for such period not in excess c� ninety (90) days while the City, at its expense, restores the City�s towers and/or buildings to its condition prior to such damage. Provided, however, in the event the City fails to repair thP Licensed Premises with �he said �inety (90) day period, PrimeCo shall have the right tv terminate this License with no further obligations hereunder. (f) During the term of this License, the City will not grant a similar li�ense to any other party if such grant would in any way interfere with PrimeCo's use of its Communications Equipment. In the event of any interference arising from the installation or operation of communications equipment at the towers sites by any other party subsequent to the Commencement Date of this agreement, the City shall take all steps reasonably necessary to correct and eliminate such int�rference within a reasonable period of tirne. If the City is unable to eliminate the interference within a reasonable period of time, the City shall be obligated to remove the communication equipment of the other party from the towers sites. PrimeCo shall not change the frequency, power or character of its equipment without first obtaining the written consent of the City, which shall not be unreasonably withheld. Notwithstanding any provisions of this paragraph to the contrary, any communications equipment within or upon the Licensed Premises previously authorized to the use of any other party by the City shall not require removal. 22. Radon Gas Notification. as required by Section 404.056(8), Florida Statu�es, PrimeCo shall take notice of the following: RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and s�ate guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 23. Entire Ayreernent and Binding Effect: This License and any attached exhibits signed or initialed by the parties constitute the entire agreement between the City and PrimeCo. No prior written or prior contemporaneous or subsequent oral promises or representations shall be binding. This License shall not be amended or changed except by written instrument signed by both parties. Paragraph captions herein are far convenience only, and neither limit nor amplify the provisions of this License. The provisions of this License shall be binding upon and inure to the benefit of the heirs, executors, administrators, s�ccessors and assigns of the parties, but this provision shall in no way alter the restriction hereon in connection with assignment and subletting by PrimeCo. Paye 11 of 13 IN WITNESS WHEREOF, the parties hereto have executed this License as of the date and year first above written. ,�.,, �� ..�' �LiTNESS Print Name �� V�N !7. 7 r �.� : _.-- PCS PRIMECO, L.P. � ��« l�'Daniel Behuniak �4�2%�- Ch ief Operat ing Of f icer and President, Southeast Region WITNESS Print Name ��VirJ C.- �ex� STATE OF FLaRIDA : CQUNTY OF HILLSBOROUGH : BEFORE ME, the under.signed, personall Chief Operating Officer and President, Southeast a Delaware Limited Partnership, who acknowledged behalf of the partnership. �� Notary Public Print/type name : ,C�t!/�� C �YC�t'E/� Personally known �/ oR Provided Identification Type of Identif ication Provided Countersigned: Rlta Garvey, Mayor-Commissioner Approved. as to form and legal sufficiency: John C. Carassas Assistant City Attorney y appeared Daniel Behuniak, Region, PCS PrimeCo, L.P., the foregoing instrument on �t'°`�"°� � �� * �M � �� ,, c�� cc3.�rx3� Exptaa Jan. 13.1998 6or►ded by FW a00-122•4666 CITY OF CLEARWATER, FLORIDA By. • Elizabeth M. Deptula, City Manager Attest: Cynthia E. Goudeau, City Clerk Page 12 of 13 0 i. - � � STATE OF FLORIDA : COUNTY OF PINELLAS : BEFORE ME, the undersigned, personally appeared Rita Garvey, Mayor- Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to mE. WITNESS my hand and seal this day of Notary Public Print/type name: STATE OF FLORIDA : COUNTY OF PINELLAS : , 199^. BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, City Manag,er of the City of Clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed �ar the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and seal this day of , 199_. Notary Public Print/type name: Page 13 of 13 i � i t 1 t � V � � \ \ �` \ � ,^�` \ 0 � � � � �� .. � w � � � �V � � 3 � � N j � Q � � � �� o� � � � � �� g �� km � � �1. - �� ` � 4 ; ,S � > �� ,� :� 0 � � (sa�is aaMO� suo��e��unurwo� y�oq _ ��d �� ,LI81�IX� � ' • ' �� d. '�_ . -, �- �� . � � �� s } ;■ � . F � � • . ' ! 0 i .�,I• , V ,,�. � � ' � .�. � / t• � t� �.� / ♦ \ .. . . • . .� �' � :.r.,*�'''� i�'�'.i: `�'� ,�''�"`5,�:� Y.•. . . � �,. ,.. :t!� „A�. �,y�.� ''.� +�`• '�r!''i`;�'�:.�..:� • ,1. yT r• : ;• . .'�� ., . ; •�:�r. . � ��::K� ,�=.:, ,. ..' • _ : .�, :�. . - EXI�IBIT '�g" (Applicabte to all sites) . i i � • � . 1. ��•; • ♦ 1� •t� � , � •. ��f�IY��. . • � ��••�� r ' • � • .•5i' ♦ � . � �� . i� . � i' :` f� \ \ \` /, • � , � � . '. . �� ' . �` � • % �' ' • I' � � \ � � + � f • � '� 1 a i : i i i i _ 30" _ � __ 3 �„ 3 6" � • • _ �� . , 3 t t a � 3 .j � 1 . W .� c � � z v 7 Y � � � J � � i 3 � � J .i . J J Q � W • � _ < 'j . u ,z � �.� � > � t� ~ v � M O V � � a aW � c � oc .� ] . _. �� 1 � I � io ; oZ o�" 1 �'' ~ �. Jm i N f� � W Q ',. ►- ,�, O � �� 1 i i c� a: I � o � .� N � I ,._,o = o , � � � �� 1 � 1 � � o� , � —+ G� ; w � � ° n o4r 1 t a' a . t a. '_ �'' � � � � J Q � � _ _ � L_._ n..._ "_- � i � i t �� m I 1 � I i G -' I i cx � 4' 1 I � ►-LL'- V 1 I 1� a? 1 I v c�i-,Q I I G�Q I! 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V F�--� � � ;o :■ _. ar.TENNa SPECIALISTS CO. 2163a9�733 �B984MgO � _ 'KL: 1710-1880 MHz � ) �-M: � a50-199� RANz 90°, 15 dBd Directionai Antenna M04o� Number OB960H90•K�M 06980�SOC•KLM Tefminallo� Typ� N•Femate 7/18 OlN FrcQuency R�n�� .��' 1850 • t990 MF�{Z C�in 15 d84 or t�.i d81 Nutl FUI � Frst bwer nua �a tesa than 18 08 daw►n ' trom max. Frsl upper s�de bbe � supprESSBd. VSWR Be�mwldth �a8 i►om mix) �Front lo Back Rnlo Poi�� t�tlor� Nsx, Input Pow�r Appl{C.i.l0i1 w�t�ni Wind Area WInQ to�6 trtsx, Wind S�aed � . <15:1 Horizontal 90° � 7.0• Venka� 5.5• x O.S• >25 dB VortiC3! • 254 watta i PCN, PCS, DCSi 800 8,5 �be (4.0 k9) i 9.3 rn(.3 t m� t 31 tbf (5821� 59.4 kA (3l 2�4 mP�) 185 mph (260 krM�) Mate��d� � Refiector Scre�n: Pass. Atumtrx�m ' Ra�ta�ors: Brass � f�adome: PvC, UV ReslsWm , Mt9. Hardware: Pasa. A1uminum, ' Sta�nces� Stod Color � lriou�ting � Downdtt Brrcksts ' (Qp�lonaq ; We�the� P:ot4ctlon ' Lt9htnlnq ' ProteCtiOn Pac►ctng Sn• ' Shipping WNq�t ' Normal: Gray 8and clamps induded. OB5095 Futty proiected by aackp(ate ar,C radome. �!t metal paRS 9founded. 72'x7'x6' t3.2 Ibs (6 kS Radiatlon Pattern B(Relathve Fleld 3trenqth) andwlQt � _ ��...`�\ ,,,+ �"` �'�f�• ''\ ,,; . ., . , ��=� ;� (—`�— o • ��`,��. �;�- .�,� '�..�� e , ; � a Na�iZOnte! � N•��14,� I t •' . � ,f'-•_� �T/ . �. .-, � . � ,�f ; \��c �._� , . r-----; �� ., ,'� o � �e : � ..\ ��_��\ ��1t o-- VprtlCAl �-. � �� 0 � ��`' { 155mm P.03 (' I : II • � E tbD � n r v +� � 4 � V,i � (51 mm) (71 mm , � , 15 dBd 17.1 dBi Gain Directibnal � � Antenna with 90° horizontal 3 CiB beamwidth -KL: 171�-1880 MNx or -M: 5850-�990 M��z. � 099045-000- , : 10/95 �`°� ' , DECIE3EL �6��t�UGiS � A Onriaion of the /ILLEN TEI.ECOM GROUA 8635 Stemrnon9 Freeway • P. 0. Box 56�610 •�aitds, Texas 75368-8810 ' 21 a/ 031 •03to • Fax: 214 ! t33 t-4708 0 0 ,� r:._.. . TO: Conswction Managers FROM: Ricardo Loor DATE: l 1 /22/95 RE: RF Configuration Tower Heights: 90 feet 140 feet 120 feet 140 feet 160 feet 180 feet 200 f�et 220 feei 240 feet 260 feet Azimut6 A-10, B-130 , C-250 degr�e Antenna typd. 90 degree directional antcnna with 17.5 dBi gain.(15.5 dB� connectors- 7/16 DIN ; i Antenaa model DB980H80E-M � Band of Operation : 1854-1990 Mhz � DownTilt- yes � � � Cabte Type: 7/8-0-120 1 1/4 - 120 to 140 � 1 S/8 - 140 and up � Color coding for Cable ; A- RED . . � B- BLUE ` t C- GREEN ' � � Number of Aotenaas . � ; total 6-- 2 per sector (now) ; total9-- 3 per scctor for futwe � �Antenaas separation t � Left Right . ` Rx---•--------12 fee!------------RxlTx ; EX�ST, Ti4 • V♦+� ��'♦ +♦� �6� � +O� t0 EXIIIB�I' �� C �� (Applicabte to North W�ter Tai�k) �'-�' �� I :::� T��.wowotsa E�EVAT�ON SCN.E � NOi t0 SG�LE lqiC� T►tS SKETqI IS fOq SC►E►ut�C PlF2POSEt 0►�Y, 00 MOi USE iFtS FpR pcu�►t9pn$, ANTENNA INSTALLATI(JN Pcs WATER TANK SKEI�CH °��`�°'`�' 8875 HiDOEN RtVER PKWY SutE SSO �� v�r ION TM1P^ fLOR�A 3J637 __._.___. ...____..___..._._._.. _.__._......._ ._... • BY� DJK Tµ 03-07•96 �( ''�%�tEC° � �►��+ �a 'g'+ •�' � o+ a + a � t° +o �=�'=�.�I i:.w� 'BCi►KOwot�a `�� \ � . . '... � • � h�� PLAN VIEW • SCAIE � NOT TO SC/�LE ANTENNA lNSTALLATION WATER TANK SKETCH PLAN viEW BY� OJK 03-01-96 TANK lEC tTYPJ D• PROP. ANTENNA (TTP.) rrOTE� TMS SKEiGi 6 FOR S(}E►tATIC PURQOSES O►IY. DO ►rOT tJSE TFiS POR O�E►i510►tS. pCS 87S FitO�NE RIVER PKWY SiaTE 3S0 TN�P� FLORiOA 33637 `g'imeCo Prepared by & return to: Earl Barrett Engineering Administration City of Clearwater P. O. Box 4748 Clearwater, F1. 34618-4748 / ��i � N�MORANDUM OF LICENSE KNOW ALL MEN BY THESE PRESENTS THAT: THIS MEMORANDUM OF LICENSE , 1996, by a Florida Municipal Corporatiorl. is made this day of the CITY OF CLEARWATER, FLORIDA, W I T N E S S E T H: WHEREAS, the CITY OF CLEARWATER, FLORIDA ("City"), whose address is P. O. Box �748, Clearwater, Florida 34618-4748 has licensed to PCS PRIMECO, L.P., a Delaware Limited Partnership, whose address is 8875 Hidden River Parkway, Suite 350, Tampa, Florida 33637 ("PrimeCo") , and PrimeCo has accepted a license from the City, upon and subject to the terms, covenants, conditions, limitations and restri.:tions contained in that certain License Agreement dated , 1996 ("License") between the parties, that certain real property situated in Clearwater, Pinellas County, Florida, more particularly described in Exhibit A attached hereto ("Licensed Premises"), The Term of the License is for five (5) years, commencing on , 1996, and ending , 2001, subject to PrimeCo's option to extend the term for four (4) additional periods of five (5) years each upon the terms and conditions set forth in the License. The Rent and other obligations of the City and PrimeCo are set forth in the License, to which reference is made for further particulars. In the event of any conflict between the terms and provisions af the License and those contained in this Memorandum, those contained in the License shall govern and be controlling. Page 1 of 3 ZN WI'rNESS WHEREOF, the City has executed and acknowledged this Memorandum as of the date first above written. Countersigned: Rita Garvey Mayor-Commiss�oner Approved as to form and legal sufficiency: John Carassas Assistant City Attorney STATE OF FLORIDA : COIINTY OF PINEZLAS : CITY �F CLEA.RWATER, FLORIDA gY. . Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk BEFORE ME, the undersigned author�ty, personally appeared Ri�a Garvey, as Mayor-Commissioner of the City of Clearwater, Florida, who executed the foregoing instrument a�d acknowledged the execution thereof to be her free act and deed for the use and purposes therein set forth, and who is personally known to me. 1996. WITNESS my hand and seal this day of , Notary Public - State of Florida Print/type name: ST�TE OF FLORIDA : COQNTY OYa P INELLAS : B�:F�RE ME, the Elizabeth M. Deptula, Florida, whQ execut�d execution t;�ereof to purposes therein set 1996. undersigned avthority, personally appeared as City Manager of the City of Clearwater, the foregoing instrument and acknowledged the be her free act and deed for the use and forth, and who is personally known ta me. WITNESS my hand and seal this _ day of , Notary Public - State of Florida Print/type name: Page 2 of 3 EXIiIBIT A License Premises RS: AGREB2'iENT BY 6r BB�iJESH THB CITY OP CLFsA.Ria'ATSR, 1�LORIDA AND PRIrJ�G�O� L.P. Non-exclusive use of not more than 375 square feei the immediate vicinity of structures described below, being within the chain link fenced boundaries enclosing said facilities owned and/or controlled by the City of Pinellas County, Florida: : of land in situate and each of the Clearwater, 1. COMMUN7CATIONS TOWER - Operational upon the grounds of the City's Northeast Water Pollution Control Plant, 3290 S.R. 580 and McMullen Booth Rvad, Clearwater, Florida, located at Latitude 28 ° O1' S4" North and I,ongitude 82 ° 42 • 16" West. 2. COMMUNICATIONS TOWER - Operational. upon grounds under lease to the City of Clearwater by the Florida Department of Transportation at 1400 Young Sireet, Clearwater, Florida, located at Latitude 27°56'42" North, and Longitude 82°47'13" West. 3. NORTH WATER TANK - Operational upon the grounds of the City's Kings Highway Recreation Center, 1751 Kings Highway, Clearwater, Florida, located at Latitude 27°59'09" North and Longitude 82°46'43" West. Page 3 of 3 L�CATOR NJ[AP PCS PrimeCo License Premises 1? 51 KINGS HIGiiWAY SITE $ OTTEN so � 0 14 0 0 YOTJ�IG STREET SITE � � � i L� � . , :% ; �' 3290 S.R. 580 SITE � � _ TOWER � ,i , � ,, �, —1 . w � i i �' 1 ►�''�'z � , � �„oo :� — a ,� ,— ,�� ''' ' � ti •' '' I �i: � 1 �`� �i CIT Y O�N[0 � IIO�CR ir "�i.i � � �- - -_- a,s�-50o0 � �� ; � o 00 : .� 4, � o 0 0 w � �� , � � �.. , . � �: �, � °~ �� . 0 0 := i � r : �I �- i � � N. S. WASTEWATER TREATMENT PLAI�iT - I� � I� i � ii � . II �y - � ' �I r • , r�� (' � � 1-i � �;., -� � . ~~ S.R 580 _ ! - . 1 ! w �� < H � � � � N N1 H � � � l $ QLlRNA1LR �EwE— -- ..' � � ,� � , � ��,54;,5 Y s � � � , . . �;�. ,. ; _ . .- "�. .. . . . . . . . . . . .. . . . ' . . . . � ... . . ... . ' . . . . Y�' , ✓" /� � 1 ' 4 I � � 1 � i i f t :; �€ q .+ �� •• e •I,v.', CLEARWATER CITY COMMISSION � � Agenda Cover Memorandum Item # ! J� � � Meet ing Date ��} _ �, (_�' � �' SUBJECT: 1995 Gunite Restoration Contra�t (95-11) - Change Order �3 and Final 12ECOMMEYdDATIQN/MOTION: �Z�-i�i��' �ind Cantiirm Change order �`3 and Fi11a1 to the 1995 Gunite Restoration Contract 95-11 to Infr�structure Services, Inc./ISI Operating Corp. of Franklin, Tennessee, increasing the contract amount by $36,354.00 for a new contract total of $440,425.00, �] and that the appropriate officials be authorized to execute same. F��Jv��`:�'� e The 1995 Gunite Restoration project is complete. This Change Order #3 and Final adjusts the contract quantities to the amounts actually used to compl�te the contract. The overall final increase amount is $36,354. � A number of small additions were added to the contract at the request of the Public Works, Road and Drainage Division staff due to field discoveries of storm pipe deficiencies and unexpected conditions. Some of these projects were done on an emergency basis, such as the repair of the Druid Road Bridge at Stevenson's Creek. The contract overages are described in the following paragraphs. o Additional Items 4A/6A -- The original contract anticipated the repair of a 30" pipe along Union Street and between homes northward to Spring Lake. A portion of the pipe system was found to actually be 42" in size. A change in liner thickness was necessary frorn a 1 1/2" liner to a 3" to accommodate the larger pipe for a net increase in contract price of $7,452.00. • Additional Item 5A - Adjacent and connected to the above storm system on Union Street, an existing 295' section of 36" corrugated metal storm line was found to be in very deteriorated condition. This storm pipe runs between homes to Los Lomas Drive in Valencia Park and is very close to the foundation of existing homes and is beneath an existing pool deck. Determination was made that the storm pipe needed to be lined immediately to avoid possibility of damage to these homes. This resulted in an additional contract cost of $21,888.00. Legal "—�-�� '� , Budget -��-�� Purchasing Risk Mgmt. N/A IS N/A ACM , a � _ r ENG. � � � i �. OTHER �� M/A Submitt City Ma o�i i�oa� ,�„�� /'T -- Originating Dept. ��f' � Engineering Services�,� Costs= $36,35/+.00 (Current FY) continued: Co�mission Action Approved ; User Dept. ' Funding 5ource: ' Approved , � � = wlconditions ! i Capt. Imp. X ' ' � Denied , ! i ' Advertised: ; Operating i _ � ' Cont�d to ' Date: � Other ; ' � i ' i i { Paper: � � ; ; Appropriation Code(s) � Attachments: � Not required X ; i � _; 315-96104-563700-539-000 ; Change Order #3 & Final .� Affected parties i = ; notified ' � "i i 1 � ; Not required X _i � , � � �_..-- --- .__ . _-- , _ � Page 2 continu�d: Agenda Item Re: 1995 Gunite Restoration Contract Change Order �3 and Final •• Additional Item 18A - The Hillcreek Circle East storm system was scheduled ' for joint repair. In joint repair, pipe cleaning is not normally needed. The storm pipe was discove�ed to require extensive cleaning due to sxlt and ' sand debris. The cleaning work resulted in an additional contract cost of $12,960.00. • A3ditional Item 19A - A large washout February 13, 1996 during a rain storm � at the Druid Road Bridge. Voids that were caused by the loss of backfill � material from behind the west concrete bridge abutment and the washed out � bedding material from under the concrete floor jeopardized the structural � integrity of the bridge. The washout was large enough that the Stevenson's � Creek was going under the bridge/weir structure instead of over the weir. The Contractor was called on an emergency basis to make the repair at a . total cost of $19,730.00. • The surn total of contract increase� are $87,826.00 and the to�al sum of decreases are $51, 472 . 00 for a net increase of $36, 354. 00 establishing a new contract amount of $440,425.00. • The available balance in the Storm Drainage Renewal and Replacement capital improvement project is sufficient to fund this change order. �:■ ;, �a C�ANGE ORDER NUMBER: �3 & Final �ROJECT: 1995 Gunite RegtorAtion Contract Infrastructure Bervices, Inc./ ISI operating Corporatfon P.O. BoX 680699 Franlclin, Tennessee 37068-0699 DATE: March 6, 1996 PROJECT NUMBERt 95-11 DATE OF CONTRACT: 08f I7J95 _ CODE: 315-96104-563700-539-000 SCOPE OF CHANGE: THI3 CHANGE ORDER ACCEPTS REVTSIONS TO TKE CONTRACT See attached for overages and underages. BTATEMENT OF CONTRACT AAiOUNT ACCEPTED BY: Original Contract Change Order �1 Previous Contract Change Order ,�2 Previous Contract Change Order #3 & Amount Amount Final FINAL CONTRACT AMOUAIT $ 323,711.00 + $ 32.480.00 $ 356,191.00 + S 47,, 880. 00 $ 404,071.00 + $ 36,354.00 $ 440,425.00 R ta Garvey Mayor-Commissioaer Pamela R. Ak n City Attorney (Approved as to form and correctness) CITY OF CLEARAATER, iD PINELLAS COUNTY, FLORIDI� El zabeth M. Deptula City Manaqer 9511 CO3F.COX INFRASTRIICT[TRE SEYtVICEB, INC. /ISI ISI OPERATING CORPOR.ATION � By: SEAL Tom Kla , Vice-President Date : .� �; S `1 � WITNESSEB: `^l _ � I L � � "1, " # ' / ' i r L�.�•�.(.� 1: Judy McMillen �' � t �' % ; , _� � , - %-- �� - ' --G-��7 - , Fred Hewitt Rec��tt�aded �:haYd J. B ier, P. E. ty Enginee ATTEST: Cynthia E. Goudesu, City Clerk DBte: Paqe 2 continued: Change Order �3 and Fi�al overaqe� and Underaqes 1995 Gunite RestoratioA Contract �95-11) AVERAGEB: Item ,� 4A - 3" Gunite Liner 42" CMP Item ,� 5A - 2" Gunite Liner 36" CMP Item #16A - 3" Gunite Li.ner 48" CMP Item,�18A - Additional Cleaning for Hillcreek Storm Line � 318 L.F. @ $ 102.00 = $32,436.00 288 L.F. @ $ 76.00 = $21,8�8.00 7 L.F. @ $ 116.00 = $ 812.00 1 L.S. @ $12,960.00 = $12,960.00 Item ,#19A - Emergency Bridge Repairs on Druid Rd. 1 L.S. @$19,730.00 =$19,730.00 TOTAL OVERAGES = $87,g26.00 IINDERAGEB: Item ,� lA - 3" Gunite Liner 60" CMP Item ,� 2A - 3" Gunite Liner 40"x 65" Corrugated Aluminum Pipe Item � 3A - 3" Gunite Liner 36"x 36" CMP Item ,� 6A - 1 1/2" Gunite Liner 30" CMP Item � 7A - 1 1/2" Gunite Liner 30" RCP Item # 8A - 1 1/2" Joint Repair 30" RCP Item � 9A - 1 1/2" Joint Repair 36" RCP Item ,�10A - 1 1/Z" Joint Repair 42" �MP Item �ilA - 1 1/2" Joint Repair 48" RCP Item �12A - 1 1/2" Joint Repair 54" RCP 2 L.F. @ $ 122.00 = $ 244.00 7 L.F. @ $ 115.00 = $ 805.00 21 L.F. @$ 104.00 =$ 2, 184.00 347 L.F. @ $ 72.00 = $24,984.00 2 L.F. @ $ 70.00 = $ 140.00 3 EACH @ $ 101.00 = $ 303.00 53 EACH @ $ 107.00 = $ 5,671.00 2 �cx � $ liz.00 = $ aa4.00 8 EACH @ $ 120.00 = $ 4 EACH @ $ 121.00 = $ 960.00 484.00 Item ,�13A - Pressure Injected Grout Fill 2,745 C.F. @$ 5.U0 =$13,725.00 Item ,�17A - 2" Gunite Liner 32"x 42" CMP 23 L.F. @$ ?6.00 =$ 1,748.00 TOTAL UNDERACES = $51,472.00 NET OVERAGES/UNDERAGES = $36,354.00 S '� �- . y� �o� TE Clearwater City Commission Agenda Cover Memorandurn SUBJECT: Comrnission Representation on Regional and Miscellaneous Boards Item #: Meeting Date: � f� RECONlMENDATION/MOTION: Appoint Commission members to represent #hem on regional and miscellaneous boards as listed below: ❑ and that the appropriate afficials be authorized to execute same. BA�CKGROUND: The City Commission is requested to appoint representatives to various boards that deal with issues atfecting the City. :.. • �. ��- • U- �. Tampa Bay Regional Planning Council (TBRPC) (2nd Mon. - 9:30 a.rn.) Florida League of Cities Board of Directors (as scheduled) Suncoasi League of Municipalities B.O.D. (3rd Sat. - 10:00 a.m.1 Performing Arts Center & Theater B.O.D. (PACT) Emergency Medical Services Advisory Council (EMS) (EMS Charter requires Mayor to serve as representative) Mayor's Council of Pinellas County (1 st Wed.- Noon) Downtown Development Board ex-officio members (2) {1 st Wed. - 5:30 p.m.1 Chi Chi Rodriquez Youth Foundation Trustees (11 (annual meeting when called) r- :. Johnson G arvey Rotate Seel G arvey G arvey CRA Trustee Garvey Garvey Reviewed by: Ori9inating Dep�+rtment: Costs: N/A Commission Action: Legal N/A City Clcrk O Approved Budget N/A Total p Approved with Conditions Purchasinfl N/A Usor Departrnent: O Denied Risk Mgmt. N/A Current Fiscal Year O Continued to: fS N/A Funding Source: ACM ❑ Cnpllnllrnprovomont Other N/A Advertised: ❑ Oporatinp Date: ❑ Other: Attachments: Paper: Submitted by: � Not Required Appropriation Code Aifectecl Parties . ❑ Notified O None City nager ❑ Not Required '� Printed on recycicad paper -z- Jolley Trolley Transportation of Clearwater, Inc. B.O.D. Hooper (Mondays - 5:30 p.m.► Homeless Task Force Hooper (Meet as called - Police Headquarters) Pension Advisory Committee (PAC) Garvey, Johnson & Clark (2nd Tues. - 9:00 a.m.) Note: The following boards have the specific term expiration date noted. St. Petersburg/Clearwater Economic Development Council Garvey (2nd Wed. - Noon) (f/k/a PCIC) (term expires 4/16/98) Pinellas Planning Council (PPC) Seel (3rd Wed. - 9:30 a.m.) (term expires 12I31 /96} Pinellas Sports Authority (PSAj . Johnson (Meet as called) (term expires 7/1/99) Pinellas Suncoast Transit Authority (PSTA) Clark (4th Wed. - 9:00 a.m.� (term expires 9/30/97) Metropolitan Planning Organization (MPO) Clark (2nd Wed. - 1:00 p.m,► (term expires 9/97) ��:" v: MEMORANDUM TO: The Honorable Mayor and Members of the City Commission p�� FROM: Parnela K. Akin, City Attorney RE: City Attorn�y Contract DATE: Apri) 1, 1996 As you may recall, rny contract with the city requires that I move into Ctearvvater within one year. My townhouse in Tarnpa is on the rnarket but i have not as yet been able to sell it. t am requesting another extension of six months so that 1 can self my house before I relocate. Tha�k you for your consideration. S�� "� � �`�� s � P,� a � ��°�' ArEa SUBJECT: �-' ��...2- I t em �t 1 Meeting Date: Clearwater City Cornmission - Agenda Cover Mcmorandum �.._- . Code of Ordinances Amendment Relating to Lot Clearing Notice �-I� �� RECOMMENDAi'ION/MOTION: Pass Ordinance #6005-96 on first reading providing for notice by certified mail, return receipt requested, or by personal service within 5 days after real property is posted. ❑ and that the appropriate officiats be authorized to execute same. SUMMARY: ► Current Lot Clearing Ordinance requires that a property owner be given a copy of the notice of violation on or before the date of posting a property for a lot clearing violation. ► Proced�rally, it would be more efficient and less time-consuming to post a property first and then mai{ the notice, rather than the current requirement of having to mail the notice first and then post the pcoperty. All research on real property and/�rvehicle ownership must be compieted before the notice can be mailed. ► The current requirement means the inspector rnust make one extra visit to the property. This results in additional costs to the City for personnel, fuel, vehicle maintenance, film processing and record- keeping. ► The Lot Clearing Ordinance dictates that the property owner have at least 10 days notice of the violation before cornpliance is required. Under the proposed amendment, the property owner wil! still be allowed a minimum of 10 days for compliance. Reviewed by: Originating Dept: Costs: N/A Commission Action: Legal Community Response Team Total C7 Approved eudget N/A ❑ Approved w/conditions Purchasing N/A � � ❑ Denied Risk Mgmt. N/A �sel" t: C�rrent Fiscal Yr. CIS N/A ❑ Continued to: ACM Funding Source: Other N/A C] Capitol Imp. Advertised: p otherting Attachments: 6005-96 Date: Ordinance �i' Paper: ❑ Not Required Submitted by: Affected Parties � None ❑ Notified APpropriation Code: O Not Required City ag � 6�1 Printed on recycled paper �� ►�l ►• •�I •• AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDiNG SECTiON 20.38(1), CODE OF ORDINANCES, TO PROVIDE FOR NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OR BY PERSONA� SERVICE, WITHIN FIVE DAYS AFTER REAL PROPERTY IS POSTED FOR A V{�LATION OF THE L4T CLEARfNG ORDINANCE; PROVIDIN� AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Se iQn 1. Section 20.38, Code of Ordinances, is amended to read: Sec. 20.38. Same--Notice of violation. � ,.--- (1) Posting. Upon completion of the field investigation by the code enforcement officer and determination that a violation of this article exists, the property shall be posted with a notice advising of the existence and nature of the violation and requiring compliance within ten days after the date of posting or #he filing of a notice of appeal to the code enforcement board during such ten-day period. A copy of the notice shall be sea� mailed to the property owner by certified mail, return receipt requested, or given to the property owner by personal service, e�-e�-�e#e�$ within five davs followin4 the date of posting. (2) Content. The notice shall require that the owner cause the violation to be remedied within ten days or file a written notice of appeal with the city clerk requesting a hearing before the code enforcement board and, in the absence of compliance or the filing of a notice of appeal within the ten-day time period, the city shall have the right to enter the property and have such work done on behalf of the owner at cost to the owner, including the administrative costs authorized by section 20.39, which shall become a lien against the property until paid. lf a written notice of appe�l is timely filed with the city clerk, the city clerk shall notify the owner by certified mail, retum receipt requested, of the date and time when the owner or his agent or representative shall appear before the code enforcement board to show the board that the condition described in the notice of violation did not exist at the time the notice was issued, or to shaw good cause why the condition should not be remedied by the city at the expense of the owner. The notice by the city clerk shall also state that if the owner fails to appear before the code enforcement board at the des+gnated time, in person nr by representation, and has failed to take action to remedy the Gondition before the date specified by the code enforcement officer for compliance, then the owner shall be deemed to have authorized the city � Ordinance No. b005-96 manager or a city employee designated by the city manager for such purpose to enter the property and take such action as is necessary to remedy th� condition, without further notice to the owner, at cost to the �wner, including the administrative costs authorized by section 20.39, which shall become a lie+n upon the property until paid. (3) Delivery. For the purpose of giving notice to #he owner, the name and address of the owner according to the recocds of the property appraiser of the county shall be used. Notice shall be given when personally served upon the owner, or any owner if more than one, or when mailed by certified mail, return receipt requested. The refusa! of an owner ta accept delivery of notice shall not be deemed a failure to give notice. ,�ection 2. This ordinance shall take effect imrnediately upon adoption. PASSED ON FIRST READ�NG PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: � � ,:= � �=��-.L�/ --� �i �. . .� - Assistant City Attorney Rita Garvey, Mayor-Commissioner Attest: Cyr�thia E. Goudeau, City Clerk Ordinance No. 6005-96 2 S �.,� I t em # � � Meeti�g Date: �''' � Clearwater City Commission 9q =- �,o� � � -� Agenda Cover Mem�rand�rn �� i.. � •�� - r�w�� r i�� r�� BUBJECT: Resolution 96-24 providing for the redemption of the Parking System Revenue Bonds, Series 1983 R�COMMENDATTON/MOTION: Adopt Resolution 96-24 providing for the redemption of the Parking System Revenue Bonds, Series 1983 on July 1, 19°6 (� and that the appropriate officials be authorized to execute same. BACiCGROUND: * The Parking Revenue Bonds, Series 1983 currently have the following maturities outstanding: Maturity Date Amount Interest Rate 1/1/97 $100,000 9.5% 1/1�98 $110,000 9.5� Total $21a,000 * These bonds are currently subject to optional early redemption at 100% of par (no premium) . * The 9.5� interest rate is high as compared with today's market. * The Parking Fund will experience a savinqs of approximately $7,500 by redeeming 9.5� bonds with cash on hand earning under 6�. * The Parking Fund has sufficient funds available to redeem these bonds. Reviewed by: OriginatirLq Dept: Costs: N/A_ Canmission Action: Legal FINANCE 7otal 0 Approved Budget ''� � �ry�� ❑ Approved W/eonditions Purchasing �!l/A � �A Risk Mgmt. N/A Current fsscal Yr. ❑ Denied CIS µ�q User Dept: � Engineering/Parking ❑ Continued to: ACM , Fu�ding Source: Other 0 Capital Imp. 0 Operating Acfvertised: p Other Resolut�i�ons96-24 DaCe: � � Paper; ❑ None o Not Required S�aitted by: Affected Parties ��p..��---... ❑ Not i f i ed Appropr iotion Cade= ��'�� Not Requi red Cit M ager or ti � RESOLUTION N0. 96-24 A RESOLUTZON OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, PROVIDING FOR THE REDEMPTION OF A.LL OF THE OUTSTANDING CITY OF CLEARWATER, FLORIDA, PARKING SYSTEM REVENUE BONDS, SERIES 1983; PROVIDING FOR THE PUBLICATION OF THE NOTICE OF REDEMPTION; PROVIDING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater (the "City") has determined tha� it has on deposit in various funds and accounta, funda sufficient to red�em all of the currently outstanding City of Clearwater, Florida Parkinq System Revenue Bonds, Series 1983, dated as of January 1, 1983 (the "Redeemed Bonds"), which are scheduled to mature on January 1, 1997 and January 1, 1998; and wHEREAS, the Bonds have been sub j ect to optianal redemption as of January 1, 1990; and WHEREAS, the City has determined to call the Redeemed Bonds for optional redemption and to direct The Bank of New York, New York, New York, successor to NCNB National Bank of Flurida, Taunpa, Florida, the Paying Agent for the Redeemed Bonds (the nPayinq Agent��), to publish notice of such red�mption and to take s�ch further action as may be required by Ordinance No. 2799-82, as amended and supplemented, securinq the Redeemed Bonds (the "Bond Ordinance"); NOW, THEREFORE, BE IT RES4LVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, AS FOLLOWS: SECTION 1. The Finance Director of the City is hereby authorized and directed to call for optional redemption pur�uant to the Bond Ordinance the Redeemed Bonds on July 1, 1996 (the ��Call � S t I ; 3 t � f Date"), as permitted by the Bond Ordinance, for which the City shall then have on depoait adequate and sufficient PundB Por such redemption. The Redeemed Bond� are hereby irrevocab�ly called for redemption on the Call Date, at 100$ of the principal amount thereof as set forth in Reaolution No. 83-3? og the City. Prior to the Call Date, the City's Ffnance Director ia hereby authorized to deposit funds of the City to be used to redeem the Redeemed Bonds with the Paying Agent pursuant to arrangements satisf�actory to the Ci�y's Finance Director, the City Attorney and the City's Bond Counsel. SECTION 2. The Finance Director is hereby directzd to provide r�otice of such redemption to the Payinq Agent at least forty-five (45) days before the Call Date. SECTION 3, The Paying Agen� is hereby authorized and directed to publish a redemption notice substantially in the form attached hereto as Exhibit "A", at least thirty (30) days prior to the Call Date in a financial journal of general circulation in the Borough of Manhattan, City and State of New York. SECTION 5. This resolution may be amended, repealed or supplemented by the City provided such action is adopted not later than forty-five (45) days prior to the Call Date� otherwise this resolution shall be irrepealable and the direction given to the Finance Director and the Paying Agent shall be irrevocabie. SECTION 6. All capitalized undefined terms used herein shall have the meanings set forth in the Bond Ordinance. � � � ; i � � � ;� � .>. SECTION 7. This resolution shall become effective immediately upon its adoption. Pasaed and a�dopted by the City Commis�sion of the City oP Clearwater, Florid�, this day of , 1996. Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: � Pamela K. Akin City Attorney Rita Garvey Mayor-Commissioner 3 � �� EXHIBIT A NOTICE OF REDEMPTION CITY OF CLEARWATER, FLORIDA PARKING SYST�M REVENUE BONDS, SERIES 1983 NOTICE IS HEREBY GIVEN that all of the outstanding City of Clearwater, Florida, Parking System Revenue Bonds, Series 1983, listed hereinbelow, have been irrevocably called for redemption on July 1, 1996, at 100$ of the principal amount thereof. MATURITY DATE OF BONDS January 1, 1997 January 1, 1998 PRINCIPAL AM4UNT $100,000 $110,000 . �11� = � Payment of the principal amount of said Bonds, with premium, will be made on or after the redeu�ption date of July 1, 1996, upon the presentation of said Bonds at the of f ice of The Bank of New York, 101 Barclay Street, Lobby Level, Corporate Trust Deliveries, New York, New York 10286, Attention: Kevin Young, as successor to NCNB National Bank of Florida, as Paying Agent for said Ronds. Interest on said Bonds accruing to or prior to said redemptian date will be paid in the usual manner. Interest on said Bonds will cease to accrue from and af�er said redemption date. Dated this day of , 1996. THE B�ANK OF NEW YORK as Faying Agent By �-�� . ... The paperwork for ltem #40 moved to 4/18/96 pack c:� � (p � ��Z°_ I��SC�t'� �0.��- l _ .; � '� } 2� µ t . r , �� F� fr�` `. � � r ' i � ,,. T :;. .. "4 ' ... i � .e.w�e+.�- � "�M�+'„Y 'F f'� � .�� y, i. ., i, t _.;,..—r.r•-.,•. t . �:� i, �.K„r'^^"' :ry�".,�-'+wJr�:.:j<. <� 1 i . �.. '"...—"�c'.r..'� .._:�:�� .,..:.,.C':. � . . ,.s '�;. . �..: . ... �c - "� y. : .s : ;. � � �. .. ! .' � ' : ". ��, ��- �. ,. . t, .. ' • L .. �{:, f , �. .: i: . (.- :1 ,r � � :.'-. � , ,. : .. . . � �.... 1.;._ :. ,� . . ;t � �1. • . }" �.. :', / t /% ;t ' j.;;'. . , : :: �,:.�;,.:.. �. . � 1 ... , . ,.: .::, t � „ '� 7.,..i... . ... � __ .. __ .. � �►'!�! �r»,. .� t. �: i � 9 -� ; � �: } _�: .��:,'.r:�.,: `.'.'..,i,.; .: �,' ',: ':�;; ,i -..�: �t �: �' , r . � ,: �:: ` �. ; . -. ; 'r To: �xo�r: COPIES: SUBJECT: DATE: MEMOR.ANDUM Mayor and City Commissioners Bett D tula, �i Mana er �v � y � h► g Kathy Rice, Deputy City Manager Bill Baker, Assistant City Manager Pam Akin, City Attorney Cyndie +Goudeau, City Clerk Harbor�view Contract Apri12, 1996 COPfES TO; COMMISSION APR U 21996 PRESS CLERK / ATTORNEY � The Harborview contract agenda it�m scheduled for the Apri14 Commission meeting has been pulled. This item will be rescheduled for Commission action at a Special Commissian mee�ing on Monday, April 8, 1996, at 1:00 p.rn. The discussion of items prioritized at the Monday, April 1, work session will follow the Harborview contract agenda item. . ► � �► ►� '• A RESOLUTION OF THE CiTY OF CLEARWATER, FLORIDA, REQUESTING THE FLORIDA DlVISION OF ALC4HOLIC BEVERA.GES AND TOBACCO TO ISSUE A SPECIAL LICENSE FOR ALCOHOL CONSUMPTION O�l-PREM{SES ONLY TO THE HARBORVIEW CENTER, AND REQUESTING TRANSFER OF SAID LICENSE TO THE FACILITIES CATERER; RESCINDING RESOLUTION NO. 96-18; PROVIDING AN EFFECTIVE DATE. � `J � WHEREAS, the ability to serve alcoholic beverages is an important aspect of providing a fu11-service facility for the users of the Harborview Center; and WHEREAS, Florida Statutes 561.20(2)(h) provides for the issuance of a special alc�hol beverage license for government-owned civic centers; and WHEREAS, Harborview Center is a convention/civic center owned of the City of Clearwater and managed by Globe Facilities Services, Inc. (GFS); and, WHEREAS, the Boston Concession Group (BCG) is the caterer for Harborview Center pur�uant to an agreement between GFS, the City and BCG; and WHEREAS, the City of Clearwater wishes to have the alcohol beverage license transferred to BCG; and WHEREAS, the City of Clearwater wishes to rescind Resolution 96-18; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Se�tion 1. The City of Clearwater hereby requests the Florida Division of Alcoholic Beverages to issue a special license pursuant to the application of the City to be filed with the Division. Section 2. The City of C{earwater requests a transfer of said license to Bostan Concession Group, the caterer for Harborview Center. Se�tion 3. The City Commission hereby authorizes the City h�lanager to sign all necessary and appropriate documents on behalf of the City to complete the application and transfer application and implement this resolution. �ection 4. Resolution 96-18 is hereby rescinded. Section 5. This resolution is effective irnmediately upon adoption. Approved as to form and legal sufficiency: �,� Pamela K. kin, City Attorney � Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Cleric 9�-:�/. Resolution No.�96�� PRELIMINARY AGENDA Clearwater City Cornrnission Worksession - 9:00 A.M. - Monday, Aprii 1, 1996 Clearwater City Cornrnission Meeting - 6;00 P.M. - Thursday, April 4, 1996 Service Awards Convene as Pension Trustees Reconvene as Commission CRT COMMUNITY RESPONSE TEAM 1. First Reading Ord. #6005-9C - providing for notice by certified mail, return receipt requested, or by personal service within 5 days after real property is posted (re Lot Clearing) FN FfNANCE 1. Public Hearing - Res. #96-26 - authorizing the placernent of liens on properties for unpaid utility bills 2. Agreement with Pinellas County to govern termination of vvater services for non-payrnent of sewer service charge (Consent) 3. Res. #96-24 - providing for redemption of Parking System Revenue Bonds, Series 1983 on 7/ 1 /96 GAS GAS SYSTEM 1. Confirm a 20 year Interruptible Transportation Service Agreement with Florida Gas Transmission, Houston, TX, providing for transportation of natural gas on an intzrruptible basis to the gate stations (Consec�t) 2. Approve Clearwater Gas System's continued participation with the Florida Municipal Natural Gas Association (FMNGA) in the joint municipat representation of Federal and State regulatory issues through use of legal counsels based in Washington, D.C. and Tallahassee, FL, and pay related annual FMNGA shared expenses (4/5/96-4/4l97), at an est. $60,000 (Consenti GS GENERAL SERVICES 1. Authorize addition of one Trad�esworker I position for the Building & Maintenance Division to assume tasks & duties of the outsourced heating, ventilating & air conditioning filter replacernent program which is no longer cost effective to privatize iConsent) IM INFORMATION MANAGEMENT 1. Contract for Finance System software support & maintenance to Ross Systems, Redwood City, CA, for the period 7/1/96-6/30/97, for 545,731.58 (Consent) MR MARINE 1. Conditional Assignment of Lease for the Marina Restaurant from Edward M. Metallo & Ursula M. Metal(o, d/b/a Marina Restaurant to Thomas C. Wolkowsky & Patricia A. Wolkowsky, d/b/a Marina Restaurant (Consent) 4/ 1 /96 � EN ENGINEERING 1. (Cont. from 3/21/96) Public Hearing - Recomrnended denial of City's request to vacate north/south alley in Blk 3, Pine Crest Sub. (City, V96-03B1 2. Public I-learing - Declare surplus for the purpose of granting a Distribution Edsement (D�) to Florida Power Corp., Sec. 29-28-16, M&B 22.04, alkla Countryside Community Park, and thereupon approve grant of DE to Florida Power 3. Public Hearing - Declare surplus for the purpose of selling city-owned property, Island Estates of Clearwater, Unit 5, Blk D, Lot 7; authorize it be offered by advertised bid for the price of not less than 5213,500 4. Contract for Traffic Engineering Services Field Operations Complex to Hennessy Construction Services, Corp., for $406,668.15; approve related expenditures of $19,700, for a total of $426,368.15 5. Purchase of polymer frorn Leahchem industries, Inc., Titusvilte, FL, for the period 4�18196- 4/17/99, for an est. 5339,000 6. License Agreement with PCS PrimeCo, L. P. , a Delaware Lirnited Partnership, licensing to its non- exclusive use City communications towers at 3290 SR580 and 1400 Young Street, and the North Water Tank at 1751 Kings Highway, for the purpose of installing & operating Personal Communications Systems �PCS) equipment for an initial 5 year term, with option to autoiYiatically extend for 4 additional terms of 5 years each, unless the City is timely notified to the contrary, providing for initial year lump sum annual rent payment of $37,800 payable upon the License commencement date, increasing 4% annually thereafter, due & payable in single annual installments upon each anniversary of the cornrnencement date (Consent) 7. Ratify & Confirm C.O.#3 & Final to 1995 Gunite Restoration Contract to Infrastru�ture Services, Inc. / ISI Operating Corp., Franklin, TN, increasing the amount by $36,354 for a new tofial of $440,425 CP CENTRAL PERMITTING 1. Public Hearing & First Reading Ords. #600�-96 &#6010-96 - Annexation & RS-8 Zoning for property located at 1330 Parkwood St., Pine Ridge Sub., Blk A, Lot 18 (Andrew J. & Sherry L. Labus, A96-10) 2. Public Hearing & First Reading Ords. #6011-96 &#6012-96 - Annexation &!L Zoning for property located at 1231 N. Hercules Ave., Sec. 12-29-15, M&B 13.06 (Daniel M. & Annette Macre, A96-1 1) CM ADMINISTRATION 1. Harborview Caterer Contract 2. Direction re Memorial Civic Center Welcorne Center 3. Prioritize Discussion Items CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #5908-95 - Amending/Creating Secs. 42.26(6) to allow fences enclosing swirnrning pools up to 4' high within waterfront setback areas and street r-o-w setback areas (LDCA95-16) 2. Ord. #5970-96 - Amending Sec. 42.21, to provide for improved clarity concerning the application of landscaping and parking standards for nonconforrnities (LDCA95-24) 4/1 /96 2 3. Ord. #5993-96 - Annexation for property located at 1920 Soule Rd., Sec. 5-29-16, M&B 24.05 & Robinwood Sub., Blk B, Lots 2& 3(dePaul School for Dyslexia, Inc., A96-04) 4. Ord. #5994-96 - OL Zoning for property located at 1920 Soule Rd., Sec. 5��29-16, M&B 24.05 & Robinwood Sub., Blk B, Lots 2& 3(dePaul Schonl for Dyslexia, Inc., A96-04) 5, Ord. #�5995-96 - Annexation for property located at 1933 Summit Dr., Skyline Groves Sub., Lot 93 (Richard K. & Wanda J. Graham, A96-06) 6. Ord. #5996-96 - RS-8 Zoning for property located at 1933 Summit Dr., Skyline Groves Sub., Lot 93 �Richard K. & Wanda J. Graham, A96-06) 7. Ord. #5997-96 - Annexation for property located on the N& S corridor of Landmark Dr., Parcel #1 - Dellwood Heights Sub., Blk A, Lots 1& 2 together with abutting r-o-w to W of Lot 1, Parcel #2 - Sec. 9-29-16, M&B 23.021 (City, A96-07) 8. Ord. #5998-J6 - OL Zoning (Parcel #1►, IL Zoning (Parcel ##2i for property located on the N& S corridor of Landmark Dr., Parcel #1 - Dellwood Heights Sub., Blk A, Lots 1& 2 together with abutting r-o-w to W of Lot 1, Parcel #2 - Sec. 9-29-16, M&B 23.021 (City, A96-07) 9. Ord. #5999-96 - Annexation for properfiy located at 1701 N. Hercules Ave., Sec. 12-29-15, part of M&B 12.01 1(City, A96-09) 10. Ord. #6000-96 - IL Zoning for property located at 1701 N. Hercules Ave., Sec. 12-29-15, part of M&B 12.011 (City, A96-09) 11. Ord. #6001-96 - Vacating north/south alley lying between Lots 11, 12, 13, the S 1/2 of Lot 14 and Lots 2, 3, 4, and S 1/2 Lot 1, E. A. Marshall's Sub. (Discount Auto, V96-02) 12. Ord. #60U7-96 - Amending Sec. 2.528 to impose a service fee of $20 or 5°Io of the face amount, whichever is greater, for the collection of a dishonored check, draft or money order 13. Ord. #6008-96 - Vacating W 5' of 10' Drainage & Utility Easement lying along E side of Lot 90, Woodgate of Countryside Unit Two (Hawley, V96-04) OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports Commission Discussion Iterns Other Commission Action Adjourn 4/ 1 /96 3 � ;�1 � .:,�. ;: �,--� °-",.' . �. .*� � : . y �'y�� X'�+� � .; � ' ti� }h i' � qy�� {�� "('(` �' ia.i�� ::it Y� 4>.. �.:� � ,.� -- �- �-- g � S,� e • _ -� . � • ._ ►,� _ � � U� �' • _; c�. ; _ . ' ' i / ' � � � �� 5� r� THIS CONCESSION MANAGEMENT AGREEMENT (the "Agreement") is entered this day of , 199_, between lobe Facilit,v Serv�es. In Har vi n men B n e i r In t i�� of �learwater (,S'itX� to mana�e the Harborview Center (,Centerl �l l�e�e� Wherea�, Harbo�.v�.ew anagement has an a reernent with City r='^�° r�^;':*�, c°�,:^° to manage the u�r'�^��,;°. • Center, a facility used for the purpose of hosting conventions, tr�de shows, civic events, and other entertainment for residents of and visitors to Clearwater, Florida. r a �e-Harborview Management� and the City ^� �''°nn„�*°� has decided to grant an exclusive concession for food ssrvices and certain other concessions at the Center to the Operator, The Operator ' e is ready, willing and able to provide such services and concessions in accordance with this Agreement. Whereas, Operator has entered an agreement with Delectables Fine Catering, a Florida based company, to provide certain on site services. �Vhei_______eas. Harborview Management and the Operator have agreed that the Operator should be compensated for operating its Food and Beverage Services both on a management fee basis and for a share of profits, as more fully set forth hereafter, NOW, THEREFORE, THE PARTIES AGREE A5 FOLLQWS: I. DI�FINITIONS A. "Facility" shall refer to the Harborview Center, Clearwater, Florida and exclusive food and beverage services for the upper level (3�d floor) , and services on request of the General Manager for level one. B. "General Manager" sriall refer tn the Chief Operating Officer of the Harborview Center or his/her designated representative. C. "City" silall refer to the City of Clearwater, a municipal corporation organized and existing under the laws of the State of rlorida. D. "Harborview Management" shall refer to Globe Facility Services during its term with the City of Clearwater and should Globe Facility Services no longer serve in this capacity, Harborview Management, shall refer to the City of Clearwater's designee. E. "Expenses" shall include but are not limited to normal operating expenses of a food and beverage department. F. "Operator" shall refer to the Boston Concession Group selected by the Harborview Management/City to provide the services set forth herein. G. "Agreement" shall refer to the Exclusive Rights Agreement executed between the Operator and the Harborview Management/City in accordance with these specifications and the Operator's proposal submitted and accepted by the Harborview Management/City, all of which will be incorporated into the Agreement. H. "Gross Receipts" shall refer to the total amount of money received by the Operator or any agent or employee of the Operator from all sales, cash or credit (whether collected or not), made as result of the service rights granted under the Agreement, excluding sales taxes, collected by the Operator or in the event of prepayment of sales taxes, excluding any amounts so prepaid by the Operator. Gratuities shall also be excluded from gross receipts to the extent paid out to Operator's service employees (excluding management and full-time, salaried employees}. Any gratuities not paid out as defined above shall be included as gross recei�ts. "Licensee" shall refer to any Person or entity that may from time to time enter into any agreement for t}le use of the Facility's %r a particular purpose. J. "Accounting year" means the fiscal accounting year of the City of Clear�vater, except for transition period of April 1, 1996, through September 30, 1996. K. "Profit" means excess during the Accounting Year of the Receipts over the sum of Expenses af�ter the Management Fee. �a II. UTILITIES A. Harborview Management/City shall provide electricity, gas, sewer and water services for use by Operator as an operating expense of the Operator. Operator is required to develop an effective and continuous Energy Management and Conservation Prograrn for his operations throughout the term of this Agreement. B. Operator shall be responsible for his own telephone expense, as an operating expense. C. Should the Operator require any additional utility capacity andior outlets beyond those provided, the cost of such installation and hookups will be an operating expense. 3 :■ Il[. OPf;ItATIONS A. The Operator shall render service to the public in a prof'essional manner. No pressure or coercion shall be used by thc Operator in an attempt to influcnce the public to use the s�rvices or products of the Operator. All Operator's sales activities shall be conducted and operated under the su�ervision of the General Manager and shall in no way interfere with the orderly operation of any event. The sales shall be conducted at such tirnes from and at locations designed by the General Manager or his authorized representative. Operator and his employees �vill not distribute literature of any kind other than that directly related to the operation seivices in the F�cility. The Operator shall at aIl times exercise prudent, reasonable and experienced judgment in the serving of alcoholic beverages. The Operator shall at all tirnes use only qualified and supervised personnel �vith training as required by Florida law for the sale of alcoholic beve�ages. B. The Operator shall operate the areas designated for the purpose oithe sale at retail to the public at the Facitity, in an efficient rnanner for the convenience and safety of the p�iblic during all designated Facility events and at such other tirnes as shall be reasonably required by the General Manager. C. Prograrnming for all evPnts requiring the services of the Operator shall be scheduled by the General Manager or his authorized representative. Programrning offered by the Operator utilizing the Facility shall be accepted and incorporated into the official Calendar af Events, provided that said activities are consistent with the policies of the Harborview Management/City and pravided that said events are not in competition or conflict with Facility sponsored events. D. The Operator shall employ and cornpensate his own help, vendors and empioyees; and all said ernployees, counter help, or vendors shall meet all the requirements set out herein. The ernployees shall be neat and elean in appearance and be courteous towards the patrons, the public and their fellow employees. All employees of the Operator sliall enter and leave the Facility via the entrance(s) so designated by the General M�u�ager. The Operator shall be solely responsible for the payment of all Federal, State and Local ernployment taxes and Health/Welfare benefit plans and other fringe benefits. The Operator shall have a drugfree workplace policy. The General Manager reserves the right to disrniss any employee for drinking alcoholic beverages and/or using illegal substances. General Managcr reserves the ri�ht at all tirnes to request the disrnissal of any employee of Operator for cause. The General Manager shall �rovide office space and locker room space as available for employees of Operator. E. `I'he General Manager sllall have tlie prior right to approvc tlle selection af Operator's Managez•, No replacement of �he Operator's Mana�er ��.ill be permitted without prior � �pproval of the General Manager, includin� interviewin� and approving the replacement Manager for Operator at least thirty (30) days prior to the departure of the previous Manager. F. Operator shall provide event staffing in accordance with the followin� miniinums: 1. Waiter/waitresses a. one per twenty five guests for sit down luncheons and dinners b. one per thirty guests for sit down breakfasts c. one per thirty guests for luncheon and dinner buffets d. one per forty �uests for breakfast buffets e. one per one hundred guests %r cocktail parties 2. Bartenders a. one per one hundred guests for host bars b. one per one hundred twenty-five guests for cash bars Th�e Operator shali modify personnel levels at the General Manager's sole discretion, should the level of service to the public be deemed unsatisfactory. G. Operator shall provide General Manager with the following upon final approval of this Agreernent: 1. Copy of the Operators Employee Handbook 2. A statement identifying the sources to be used for obtaining non- management labor. 3. The entry-level training programs outline for all customer-contact personnel. H. All employees of Operator shall be neatly attired in uniforms. All uniforms are subject to �r approval by the General Manager. I. All beverages sold either at fixed or portable locations or vended (except for catered events) shall be sold in paper or plastic cups. The General Manager shall have the right of approval of all containers. J. All uniforms, plastic and paper cups, containers, napkins, matchbooks, etc. must prominently display the Facility's name and/�r logo. Operator's logo may be displayed at the discretion of the General Manager. All artwork and design specifications will require prior approval of the General Manager. K. Operator shall be permitted to operate or subcontract vending machines sub� ect to the approval of the General Manager as to the location, number of machines and products sold. All such sales shall be included in the Operator's gross receipts. L. Chewing gum will not be sold by the Operator, either manually or througll vending machines. 5 M. The Operator shall not interfere with the free distribution of food and drinks or any other iterns of any nature whatsoever, where such distribution has been authorized by the General Manager. Free samples may be given away by or on behalf of or with permission of any person or organization which has properly engaged the Facility at trade shows, coaking scllools, exhibitions and conventions at the discretion of the General Manager. The Operator will be required to provide or modify operations upon request of any Licensee, when it has been approved by the General Manager as in the best interest of the Licensee or is necessary to comply with the terrns of the Agreement between the Facility and said Licensee. N. Operator shall submit to the General Manager, for approval, reasonable rules and regulations for the operation of the concessions. Final decision as to whether or not alcoholic beverages may be sold at an event shall be determined by the General Manager. The decision to refuse service of alcoholic beverages to any individual shall be the sole responsibility of the Operator. O. The General Manager shall decide any and all questions which may arise as to the acceptability of services rendered, and as to the manner of performance, and questions which arise as to the interpretation of the conditions and the specifications and all questians as to the acceptable fulfillrnent of Agreement, except the actual terrnination shall only be accomplished with Harborview ManagementlCity approval. P. Facility shall be responsible for providing set-up and tear-down labor and equipment for banquets and receptions. All table decoration, skirting, water service, etc, are the responsibility of the Operator. Q. Operator shall operate concessions during move-in and move-out days for trade shows, exhibitions, conventions and rehearsals on request of the General Manager. R. Operator shall be required to provide sufficient levels of working capital (till funds, petty cash, and inventory) to adequately serve the patrons of the Facility at all times. S. Operator agrees that it shall not discrirninate against any person with respect to opportunity for employment or conditions of employment because of race, eolor, religion, national origin, age, sex, or disability and warrants that it will camply with all applicable state and federal laws relating to employment practices. T. The days and hours of operation for the food and beverage services shall be subject to the prior approval oF the General Manager. �� IV, MAINTENANCE AND CLEANUP A. Operator shall maintain all equipment and smallwares �ised ii� performance of his duties, including rolling stock, in a good state of repair, including maintenance or repair necessitated by ordinary wear and tear. B. Operator shall replace, as an operating expense, any equipment damaged beyond repair, or rendered useless by wear and tear, unless, in the sole opinion of the General Manager the equipment is unnecessary to ihe proper functioning or �he food service operation. Replacement equipment shall be subject to approv�l of the General Manager as to type and similarity to that replaced. C. The nperator shall maintain all food service areas in a clean and sanitary condition in accordance and consistent with all applicable rules, demands and requirements of law, pertinent health and sanitary codes, a.nd requirements of duly authorized health authorities of the City of Clearwater and Pinellas County and any other health department having jurisdiction. D. Operator shall, as an operating expense, engage and supervise exterminators to control vermin and pests as is necessary, but at least monthly. Such extermination services shall be supplied in all areas where food is prepared, dispensed or stored. E. All refuse and waste materials created by the Operator's operations in all public areas shall be promptly disposed of after each event as an expense of the operation. Waste foods shall be kept in closed metal containers until removed from the Facility. Such removal shall be made prornptly during and after the event. The entire area within a radius of twenty-five (25) feet of each stand, cornrnissary and work area shall be kept free and clear from all nuisance. Damage to flooxs, walls, windows or other property in said radius by reason of operation of said stand shall be repaired at Operator's expense. Operator shall employ the necessary personnel before, during and after hours of any event to comply with these provisions. F. Operator shall provide General Manager with copies of all maintenance contracts and cleaning and maintenance schedules on at least an annual basis. G. The General Manager, at his sole discretion, shall determine acceptable performance levels relative to maintenance and sanitaty conditions. 7 V. PRODUCTS TO BE SOLD, PRICES A. 4perator has the exclusive right for Food and Beverage Services on the 3�d level, subj ect to other provisions of this Agreement, to sell all foods and beverages, including alcoholic beverages, candy and products at the Facility. Rights for the sale of novelties, souvenirs, merchandise and programs are excluded from this Agreement; but, may be included at the discretion of the General IVlanager. Providing food and beverage services for the ls` floor and other areas under Harborview Managernent/City control, are at the sole discretion of the General Manager notwithstanding other agreements. The exclusive rights granted hereunder s}iall not be construed as to prevent or prohibit either the Facility or any licensee or lessee of the Facility from engaging in or contracting for, with l� acility's approval, outside catering services, excluding liquor, for special events not to exceed f ve (5) total such events per Facility's fiscal year and for City Department events, when reauired by the City Manager. The intent is to limit these to Recreation programs that are not catered type events. The �perator, however, shall be considered the exclusive catering service provider, and Facility will recommend the Operator as first choice for all catered events provided the Operator demonstrates the required catering capabilities. Use of the Facility by an outside catering service shall not include the use of any of Operator's occupied areas or equipment other than the service corridors unless otherwise agreed to by Operator and General Manager. B. Operator shall provide those types of services normally associated with convention Center operations from the standpoint of customer, tenant, public and building needs. These services are primarily concession and catering related fiinctions. Additionally, specialized services consisting of, but not limited to the following, will be required: 1. Room Servic�- this service is pertinent to meeting ro�ms used by clients w�ith services requested ranging from snacks to elaborate catered meals. This type of service often involves quantity amounts of food as opposed to individual orders, requires constant attention by Operator for re-supply and freshness purposes, and often must be serviced around meeting time and/or other constraints imposed by the client or Facility management. 2. �xh�i�.ii�or �ervi�es- exhibitors at convention or trade shows may choose to entertain clients with food andior beverage items se�ved directly in their booth display locations. 3. Personnel ��vi�ce- there �vill be occasions �vhen Operator is called upon to provide hosts/hostesses, bartenders and/or waiter/waitresses for specialized functions. These functions are not to be confused with or 8 detract in any way from the norrnal services and staffing for which Operator is responsible under tliis Abreement and are in addition thereto. Rates for such services shall be specifically approved by the General Manager. 4. Water Service- Operator shall provide head table water service for all meetings in the Facility at no eharge to the client. This serviee shall consist of glasses and pitchers for ice water. In addition, the client may from time to time request water service in meeting rooms for the audience which Operator shall also provide at no charge, upon direction frorn the General Manager. 5. Off ite Caterir�g- Operator, subject to General Manager's approval, is encouraged to seek offsite catering opportunities so long as they do not interfere with racility events. Offsite catering income will be included in Operator's gross receipts. C. Operator recognizes that th� quality of items sold at Facility is a matter of highest concern to the Harborview Management/City and is the essence of the Agreement. Operator represents and warrants that all items sold will be of the highest possible qual ity. Operator shall provide products of quality and at prices at least consistent with similar products presently being offered in other sirnilar Facility's. The General Manager reserves the right to determine whether a particular product complies with the above standard, which right shall be exercised reasonably. D. General Manager shall meet with Operator to review products to be sold and prices to be charged on an annual basis. Whenever unique economic conditions result in unusual cost increases to Operator, General Manager will consider a request by Operator for price �hanges at times other than the anrival date. E. Operator shall procure all food, beverage and operating supplies frorn local sources �vhere possible, provided local sources rneet quality requirements and are price competitive. F. All rnerchandise kept for sale shall be subject to inspection and approval or rejection by the General Manager or his duly authorized representative during all times that the concession is in operation. G. General Managcr retains the right to permit the sale of all alcoholic beverages in the Facility in his sole discretion. If any �icex�see � with prior appraval of the General Manager requires that its patrons be allowed to bring alcoholic beverages upon the premises, then the Operator shall have ihe right to sell ice, cups and 9 � _ _. beverages, commonly refened to as set-ups, as well as levy an appropriate corkage charge agreeable to the General Manager during such functions. H. Operator understands and agrees that the General Manager can place reasonable restrictions on the sale of food, beverage and concession items where necessary because of the nature of the function. �. Operator understands and agrees that food and/or beverages may be z�ecessary to certain functions themselves, i.e., a restaurant, or other food related type show, and in such cases the Harborview ManagementfCity's contract with the licensee may permit licensee to dispense free or for sale food and/or beverage items. The Operator shall not be entitled to any commission or revenue from such dispensing or function. The General Manager agrees to limit the size and quantity of such items. ; ; 10 VI. FINANCIAL C4NSID�RATI4NS Harborview Managernent/City of Clearwater and the Operator have agreed that the cornpensation for operating food and beverage services at the facility be on a management fee basis and a share of profits , as set forth hereafter. A. �'crm � . • . . • . �- �� .1� �' �. � � .� -��•� � •� -��- � •�� M.�l • 1."1 •li/�' ' �. � 1�. .�� ,� .!� .� . !�. , �� -. . _ : ; � �•. � � ( il 1 1 1 1� Operator shall expend a sales promotion fund equal to one and one half percent (1,5%) of totalan.nual gross receipts each year to be used by the Operator and the Facility to advertise and promote the use of the Facility food and beverage services. All expenditures from this fund require the prior approval of the General Manager and shall be considered an operating expense. u__,..� ��•� Operator shall receive eight percent (8%) of gross receipts of the food and beverage services up to $1,000,000 and seven percent (7%) of the gross receipts of food and beverage in excess of $1,000,000, paid monthly, as an operating expense, calculated on an Accountin� Year b�sis. ��i; � � t ' � Operator shall receive ten p�rcent (10%) of profit after payment of operating expenses including the rnanagernent fee on gross receipts of food and beverage service up to $300,000,000 and nine percent (9%) on profits of food and beverage services in excess of $300,000,000. This shall be paid on an Accounting Year basis. /►' i� .� � Operatin6 expenses shall be the sum of Operator's actual expenditures for the f'ollowin6 iterns, all of which shall be reimbursed �d-by tlle food and beverage Account, determined on an accrual basis in accordance witii generally accepted accounting principals: RI 1. Operator's cost of labor and payroll directly related to the Harborview �nagemer�t food and beverage department, (excluding ' r'��°��'�•�� home office executive staff, but including those employees which may from time to time be brought or relocated by the Q�r�� r'^�^°��•��° to the Center to participate or assist directly in Concessionaire's opening at the Center or in the servicing of any subsequent event at the Center), except for $15,000 administration charge for payroll, accounts payable and receivables, performed at corporate office. This practice and fee may be discontinued at the discretion �ea�e of the General Manager. �All such expenditures are subject to the rior bu geta�,�Fproval of the General Manager. 2. The direct costs of all food, candy, tobacco, beverages, merchandise, materials and supplies used during the course of operating the Harborview Man� e,g ment food and beverage department.. 3. All other direct costs incurred by the Operator in connection with the Harborview N1an gement %od and bevPrage department, including, but not limited to, taxes (excluding sales taxes), vehicle expenses related to vehicles permanently assigned to the operation, audit accounting fees, insurance, licenses, utilities, bank charges, freight, pest control, permits, employee search and recruiting costs, employee relocation expenses (for managers and assistant managers only}, office supplies, postage, advertising and promotional expenses, maintenance and repair of equipment, rental expenses, linen and uniforms, telephone, credit card expenses and replacement of smallwares and expendable equipment. F. The Operator will advance Harborview ManagementlCity up to two hundred and fifty thousand dollars ($250,000). The first one hundred thousand dollars ($100,000) would be interest free and any additional amounts would be prime plus one percent (1 %). This advance provides capital for equipment and shall be returned in equal installments at the end of each year of the term. This payment shall be paid from the Harborview Management's ��t�-'-s share of food and beverage profits. 12 VII. R�CORDS, ACCOUNTtNG AND AUDITING A. All Operator's operations shall conforrn with the laws, rules, regulations, and ordinances of the United States Govemment, the State of Florida, Pinellas County and the Harborview ManagementlCity ��r''°�r".�k°�, and sueh operations must be conducted so as not to interfere through noise or odor with any person or organization which has properly engages Facility or patrons enjoyment of the premises. Operator shall be subject to any reasonable rules and regulatians which may be set up by the General Manager. B. The Uperator shall, as a cost of business, procure and keep in force during the entire period of the contract all permits and licenses required by laws, rules, regulations and ordinances of the State of Florida, Pinellas County and the City of Clearwater. C. Operator shall maintain all accounting records and documents regarding operations at the Facility throughout the term of the Agreement, all in accordance with generally accepted accounting principals. D. The General Manager shall be entitled, at any reasonable time, to conduct his own inventory of products and equiprnent maintained at the Facility under this Agreement. E. Operator shall submit all receipts to Harborview Management Event Account, through which alI receipts under the Agreement shall be deposited and records of receipts so deposited kept. F. Operator shall keep full and complete recards of his operations at the Facility satisfactory to the General Manager. Operator shall submit a written monthly statement to the General Manager na later than the twentieth (La`h} day of each month covering the entire prPCeding manth. G. An anrival audit of sales prepared by certified public accountants selected by the Operator and approved by the General Manager must be submitted to the General Manager no later than sixty (60) days after the end of the initial Agreement year and each subsequent year of the Agreement. The annual audit report will bP preparr,s in a format acceptable to the General Manager and shall be considered an operating expense. H. If the General Manager is not satisfied with the statements submitted by the Operator as provided for herein, the General Manager shall have the right to make a special audit, by auditors selected by the Harborview Management/City, of the books and records required to bc: made and prepared by the Operator. 13 I. The Operator shall disburse all taxes required by Federal, Florida, and local authorities and shall pay any applicable taxes relating to food service operations, equipment, inventory and/or rents. J. The Operator shall submit to Harborview Management �e��-#i� the following reports on i�.#� operation at the Facility: 1. Daily and monthly sales reports by source of revenue 2. Daily �vent sa�.les reports by source of revenue 3. Annual sales report conesponding wit�i Harborview Managernent/City's fiscal year and reconciling with previous year's rnonthly reports, 4. An annual sales budget and serni-a.nnual revi�ed sales budget 5. An annual equipment and smallwares inventory 14 z ;0 VIII. INDEMNITY, RELEASE, INSUI2ANCE AND S�CURITY �_�.z�� To the fullest extent permitted by law, the Uperator shall defend, indemnify and }IOId harmless the Harborview Management/City, and its agents and employees from and against all claims, damages, losses and expenses arising out of, connected with, or resulting from, directly or indirectly, any failure of the Operator to perform in accordance with the terms, coilditions and specifications of this proposal. Said claims, damages, losses and expenses shall include btit not be limited to attorney's fees and any claims, damages, losses and expenses due to the non-performance of this Agreernent. I• • � The Operator shall at all times enforce by adequate supervision and training of supervisory personnel a safe working environment for all employees, including the supervision of all services which relate to the general safety and welfare of any persons exposed to the services performed under the Agreement by Operator. The Operator agrees to fully cooperate with the Facility in any er�iployee and public safety program sponsored by the General Manager. The Operator agrees to conduct all of its operations with due diligence and care for the safety of all persons at all times. i �• � �. _i. During the term of the agreement, the Operator shall provide, pay for as a cost of business, and maintain with companies satisfactory to the Harborview � Mana�ement/City the types of insurance described her�in. All insurance shall be frorn companies duly authorized to do business in the State of Florida, and shall be issued and counter-signed by duly authorized representatives of such companies for the State of Florida. All liability policies shall provide that �ke Harborview Management/City are additionally insured as to the operations of the Operator under this Agreement and also shall provide the Severability of Interest Provision. • Promptly after written Notice of Award of the Agreement, the insurance coverage's--and limits required must be evidenceds-by properly executed Certifica�es of Insurance on forms which are personally manually signed by the Authorized Representative of the insurance company shown in the Certificate with proof that it is an authori•r_ed represcntative thereof.� Thirty (30) days written notice by re�istered or certif ieci mail must be �iven the I-iarborview IS ManagernentlCity of any cancel lation, intent not to renew, or reduction in the policy coverage's, except in application of aggregate liability limits provisions. Should any ag�;regate limit of liability coverage be reduced, it shall be immediately increased back to the limit required in this flgreement. The insurance coverage's required in this Agreement are to be primary � any insurance carried by the Harborview Management/�City or a�ly self-insurance prograrn thereof. If any General Liability Insurance required herein is to be issued on a"claims made" form as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the project and shall provide in the event of cancellation or non-renewal that the discovery period for i:�surance claims (Tail Coverage) shall be unlimited. The insurance co��erage a�d lirnits required of the Operator under this Agreernent are designed to meet the minimum requirernents of the Harborview Management/City. They are not designed as a recommended insurance prograrn for the Operator. The Operator alone shall be responsible for the sufficiency of its own insurance prograrn. Should the Operator have any questions concerriing his expastue to loss under this Agreement or the possible insurance coverage needed therefor, it should seek professional assistance. The Harborview ManagemenVCity will in no way be responsible to the Operator or any other pat�ty for the inadequacy of the Operator's overall insurance prograrn. �hould at any time the Operator not rnaintain the insurance coverage required in the Agreement, the Harborview Management/City, at its sole discretion, shall be authorized to purchase such coverage and charge the Operator for such coverage purchased. The Harborview Management/City shall be under no obligation to purchase such insurance or be responsible for the coverage purchased or the financial stability of the insurance company used. The decision of the Harborview Management/City to purchase such insurance coverage's shall in no way be construed as a waiver of its rights under this Agreement. All of the required insurance coverabe in this Agreement must be issued as required by law and must be endorsed, where necessary, to comply with the minimurn requirements contained herein. Also, thirty (30) days written notice by certified or re�;istered rnail must also be given to all partners as to cancellation of the policies and any change that will reduce the insurance coverage required herein. Reiiew�l Certificates of Insurance on tlle Harborview Management/City's forrn must be provided ��bQ�view Iv1�na��T n�and to the City Risk Manager twenty (20) days prior to expiration of current coverage's so that there shall be no interruption in tl�e work due to lnek of proof of insurance covera�e's required of tlie Operator in this Abreement. I6 The General Manager shall have the right to receive certified true copies of insurance contracts to support the Certificates of Insurance. This Agreement rnay be terrninated by the Harborview I�lanagement/City without penalty or expense if any policies requested hereunder are not provided the General Manager within t��irty (30) days of the date when th� policies were requested. (1) Workers �QmRensation and Em�loyers I,,ia�ility Insur�nce shall be provided for all employees engaged in the work under this contract, in accordance with the Iaws of the State of Florida. The amount of Employers Liability Insurance shall be not less than: � 100,000 Limit Each Accident $SOO,OOQ Limit Disease Aggregate �100,000 Limit Disease Each Employee (2) S'�.m�r_,___._ehe,ni�ve General �,iabilitv Insurance shall be maintained by the Operator with a limit of not less than: Bodily Injury Liability -$1,000,000 Limit Each Oecurrence Property Damage Liability -$250,000 Limit Each Occurrence OR Sodily Injury & Property -$1,000,000 Combined Single Damage Liability Limit Each Occurrence and shall � include Personal Injury, Liability for Independent Contractors, Broad Forrn Property Damage including Completed Operations, and Products & Cornpleted Operations Coverage. Should tl�e Operator's General Liability Insurance be written or renewed on the new Commercial General Liability form, then the lirnits of coverage required shall not be less than: Bodily Injury & Property Damage Liability- �1,000,000 Combines Single Limit Each Occurrence $�,000,000 Aggregate for the locations where the worlc is performed under this Agreement. (3) to�..q�il_��ilitv insurance shall be maintained by the Operator in accordance with the laws of the State of Florida, as to the ownership, maintenance, and use of all owned, non-owned, leased or hired vehicles. The limit of coverage shall not be less than: Bodily Injury Liability -$1,000,000 Limit Each Person - $1,000,000 Limit Each Accident Property D�image Liability -$250,000 Limit �ach Accident OR 1? Bodily Injur}� & Property -$1,000,000 Combined Single Limit Damage Liability Each Occurrence (4) Umbrell� Liabili Insu�rance or Fxcess Liabititv Insurance. If used to reach the $1,000,000 limits of Liability required, the limits of Liability Insurance for the Comprehensive General Liability and Automobile Liability Insurance Coverage's required in this section shall be not less than: Bodily Injury Liability -$500,000 Limit Each Person, Each Accident Propet�ty Damage Liability -$100,000 Limit Each Accident OR Bodily Injury & Property -$500,000 Combined Single Limit Damage Liability Each Occunence (5) L�i��x L.�abifity Insurance. Operator shall maintain: a. A Liquor Liability Insurance policy on an "occurrence" basis in an amount not less than $1,000,000 combined single limit providing insurance coverage for bodily injury and property damage arising out of the sale, use, or dispensing of alcoholic beverages on the Fa_, eilitv premises. b. In lieu of a Liquor Liability Insurance policy, Operator may provide a Comprehensive General Liability policy in the amount shown above in paragraph (a), properly endorsed to eliminate the liquor liability exclusion normally found in such insurance policies. c. The �arborview Mana eg ment/City shall �e-be specially included as an additional insured on all Liquor Liability Insurance policies. D. l�lotic.g The Operator shall imrnediately report in writing to the City's designated Risk Manager and to the General Manager any incident which might reasonably be expected to result in any claim in any of the coverage's mentioned herein. The Operator agrees to cooperate with the Harborview ManagementlCity Risk Manager and the General Manager in promptly releasing reasonable information periodically as to the dispasition of any claims, including a resume of claims eaperience, relating to all of its operations at the Facility. 5:\Inewcome\hvconces.red 3-28-96 l g IJ�. DEFAULT AND TERMINATION A. In the event Operator shall default in any of the payments, obligations or conditions set forth in the Agreement, the General Manager may notify the Operator of such default in writing. B. Written notice referred to in this Article shall be deemed deliv�red upon presentation to any person designated by the Operator as the Manager or, in the case of notice by the Operator, the Harborview Management/City or by rnailing the same certified or registered mail to the address of the Operator in the proposal, or the address of the Harborview Management/City in the case of notice by the OperatQr. C. Within five (5) days receipt of notice of default from the Harborview Managernen.*JCity, Operator shall correct such default if the default is with respect to any payment required to be made by the Operator, or witliin thirty (30) days of receipt if the notice of the default if it is of any other nature. In the event Operator fails to correct the default to the satisfaction of the Harborview Managernent/City within the time specified, then this Agreement can be terminated by Harborview ManagementlCity. Failuxe to terrninate will not be a waiver of any rights herein. All costs and attomeys fees incurred by the Harborview Management/City in the enforcement of any provision herein or within this docurnent shall be paid by the Operator. D. In the event that the Agreement is terminated upon default, the Harborview ManagementJCity rnay assume control of the operation and all cquiprnent installed at the Facility and the Harborview Management/City may continue to operate the same until satisfactory arrangernents may be reached with the Operator concerr�ing the default, or until the Harborview ManagementlCity shall obtain the services of another Operator. E. In the event the Operator cannot perform its obligations under Agreernent because of a labor dispute, such non-performance will not be considered a default; provided, however, that in the event of a labor dispute, the Harborview ManagementlCity may operate the concessions until the labor dispute is settled, F. In the event a decree or order by a court having jurisdiction shall be issued (a) adjudbing the Operator bankrupt or insolvent; or (b) approving as properly files a petition seeking reorganization of the Operator under a.ny sectioti of the National Bankruptcy Act, as amended; (c) orderin� or approvin� the windin� up or liquidation of the Operator's affairs; or (d) appointinb a receiver or a liquidator or a trustee iii bankruptcy �r the Operator or its property; if the Operator shall institute proceedinbs to be adjudicated a voluntary bankruptcy or insolvency proceedings against it, or shall Iile a petition or answer a consent seeking reorganization under any Stzte Insc�lvency 19 Law, or shall admit in writing an inability to pay its debts generally as they become due, or take action in furtherance of any of the aforesaid purposes, or shall abandon the Agreement, then the Harborview ManagemendCity may terininate the Agreernent an all rights of Operator ta continue to operate the concession thereunder. In the event of such termination, the Operator shall be liable but not in limitation, for all payments required to be made to the Harborview Management/City up to and including said date of termination. G. In the event of a termination of the formal Agreernent, either through termination of the term thereof or through termination for cause, the Operator shall surrender any alcoholic beverage license in effect for a�-e€the Facility to the Harborview Management/City, such surrender to be effected within ten (10) days after notice of termination of the Agreement. S:�Inewcome�hvconces.red 3-28-96 20 OTHER CONDITIONS A. The rights and privileges granted hereunder shall not be assigned or transfened in any manner whatsoever by the Operator without written approval of the Harborview Management/City. B. No agreernent to rnodify, or modification to, the Agreement shall be binding on Harborview ManagementlCity unless the same reduced to writing and executed by the �'reneral Manager with at least the same formalities as the Agreement. C. In the event that Operator should hold over and rernaii� in possession of the prernises after the expiration of tl�e term of this Agreement or the termination for any other cause, such holding over shall be deerned not to operate as a renewal or extension of the Agreement such l�old over may be terrninated at any time by the Harborview Management/City. D. Qperator shall not make any discrimination, distinction or restriction on account of color, race, religion, ancestry, age, national origin, sex or handicap. Upon final deterrnination by a court of competent jurisdiction that Operator has violated this Section, this Agreernent shall be deemed terminated and Operator's further right hereunder forfeited. E. Operator shall not advertise in any manner or form, on or about the Facility except by means of such signs or forms of advertising as may be approved by the General Manager. F. Operator shall at all tirnes comply with all applicable laws, rules, regulation's and orders of the F'ederal Government, State of Florida, Pinellas County and City of Clearwater and also shall abide by all rules, regulation's and directives prescribed by the General Manager. G. The Operator shall be an independent contractor and nothing cornbines within the Request for Proposals or the Agreement shall be construed to create joint venture or partnership by or arnong the Harborview Management/City and the Operator, nor shall the Operator hold hirnself out as or be considered an agent or employee of the Harborview Mana�ement/City. The Harborview Mana�ement/C:ity shall have no contr�l over the methods used by the Operator in perforrning hisllier obli�ations under the Agreement. I-I. Harborview M�inagement/City reserves the right to require Operator to conduct screetling or testin� of all employecs for substancc abuse. 21 s._: . .. ft I. The Operator has entered into a separate agreement with Delectables Fine Catering to provide certain on site services. �, chanees to that a�reement �auires the_a r�� oval Qf Haxborview na��,ment/Citv. � �• - -� ._� �._��► • � .� --��•� --, � -� � � ,. --��-� � � -�. - .t . � �� .. --��'� . . • �_ � �i .��t�' . .. • ��- ,� �- -�.�� ' �,�t - .� • �. . • � � � . •�.. - � ! � �1 ' 1 . � ' . ._ � - � � � ' � ' . � � � . �� ! •• "1�"! �. •" �� 'M!'� � �' � 1' " � 1��. ._f! ..l� 1 _ ' • 1' �"1' � .1! �' � �! !' .�•1 �- �,� - �- - � ,�� - - �- � .�� . �! �.!! !t �' '1. � '! •1. ! e •.r �. �!!�' "� .� ! •1 4 � {' .! �.l�l ��. THIS SPACE LEFT BLANK ON PURPOSE 22 ., � �+ SIGNATURE PAGE FOR CONCESSION MANAGEMENT AGREEMENT FOR 'iHE CITY OT CLEARWATER HARBORVIEW CENTER IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date set forth above. Attest: Print Name: Secretary Print Name: Attest: BOSTON CONCESSION GROUP, INC. By: Print name: Title: GLOBE FACILITY 5ERVICES, INC. By: Print Name: Print name: Title: Secretary Print Name: Countersigned: Rita Garve3� Mayor-Commissioner Approved as to form and legal sufficiency: John Carassas, Assistant City Attorney CITY OF CLEARWATER, FLORIDA I� S:V�ewcome\hvconces.red 3-28-96 23 Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau , City Clerk C N� � TO: The City Commission MEMORANDUM FROM: Betty Deptula, City Manager '� SUBJECT: Prioritization of Discussion Items DATE: March 25, 1996 The following is a listing of items the Cornmissioners have indicated they wish to discuss. We are asking these items be grioritized in order for staff to schedule them appropriately. I would like to schedule this discussion of priorities for approximately 11:00 a. m, on the April 1 Work Session so that affected Department Directors can attend. �� 2. 3. 4. 5. 6. 7. : 9. 10. 11. 12. 13. 14. 15. 16. 17. Strategic Planning - restart the process of developing a vision for the future of Clearwater. Commission Rules - including meeting times, schedules, procedures. Commissio� Polieies 1996/97 Budget a. general philosophy, basis-i.e. prvgram based, goal oriented, service option, line item b, overall city goals c. 10 % General Fund Reserve Policy d. Enterprise Fund Philosophy Economic Development Work Session a. round table/symposium b. property purchase, sale and lease c. CRA plan l, direction re specific projects-i,e. downtown lake, moving main Library, bluff development, use of "Chamber building", CRA - continued existence, structure and staffing East End Property a, declare surplus b. demolition of Annex c. prefened use Charter Revisions a. move election date b, disposition of property c. minority representation Advisory Boards - retain, consolidate, change focus Airpark Regular Pension Item format Purchasing requirernents vs. time frames PACT funding (must notify by 7/ 1 re inability to fund contribution) Beach Issues City Hall Renovations Skate Board Ordinance Departmental Operations Reviews Apr-04-96 17:26 Claarwator Eng. S�rvicws 813-462-6641 P.O1 Poat•tt' Fax Note 7Q71 I��'� !.� / r l I�..► � it,s�I�-� Ica. " ° CITY 0� CI.EARWATER ______� nterd�pertm�nt correspondence sheet �Oi The Honorable Mayor 6 City Commie�fansra THROIIC3Hs Elizabeth M. Dapt�ala, City Manager o � � �Oli: Richard J. saiar, City �nqineer ; . , # cop2Ees Kathy S. Ria�a, beputy City ManacJ # > William C. Baker, Aa�iatant ci.t Manag�r ; , � 6vsJECTt Hillsborou+gh Gounty Property i i � D7�T�= April 4, i996 ; E , � At the Wark segaian a questi.on was raised regarding the sale of ' proparty last year within Nillsbarough caunty which wa� used !or a �ludge farm. In 1�95 the City aold 414.93 acre� to trie Coun�y for 1.2 milliari dollars. The remaining 451 acres, more or les�, i� �ti 11 own�d by �}ae city af C1e�trwater and was purchased in increment�s betwae+n 1982 and 1983. If you hav� dny �dditional que�stiona, piease do not hesitat� to contact me at 6042. RTB/na n �� !�\ � ^�_ . �° c� �i. r.+ � a u � � � � � � � � 0 ., � � � � b9 i �� =° � � � � c� �� c ' � �w r�C�� ; � /• � � � � � � � x .�' � 3 � .�; � � o � � x � i � � �... � .� � � 0 � o °�� .� .., U � � ��a� C�A,�° � c O y � ... �3, .� �.� E �� '� � �, w :'O O C7 � �► >, y W � •� � � � � � N .G v w .... 'Cy � z w � � w � 3 � � y .., O c � � 0 a � .� $� y � �, � 0 �� o � H y .� �� f•y � � � xo ►`� a � �o �� [ � c� o0 oNO � � 69 � N � � �� C7 ►.�I 8° � d� � M � .a; �� aci � � � � � � � .� H .� E � � � i�r x � � N o�� oo n � �� a3i .� o � �.+ � � � � � ;�