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10/05/1995:.S .1 .'S i .j I i1 a OAT i `T. F ??9 • .??. -''cif.: .?,,..., ' s , CITY COMMISSION MEETING Note: 1a5Pxeliminar y (Worksession) agenda and paperwork that was in Package initially but then not continued onto Thursday's agenda is at the back'of this agenda pack. ........ .... 7 . PM ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, October 5, 1995 - 6:00 P.M. - Chambers Welcome. We are glad to have you join us. If you wish to speak please wait to be recognized, then state your namQ and address, Persons speaking before the City Commission on other than Public Hearing items shall be limited to 3 minutes. No person shall speak more than once on the same subject unless granted permission by the City Commission. ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS MEETING, SHOULD CALL 8131462-6684. 1- Invocation 1. Rev. Dick Church, Calvary Baptist Church. 2. Pledge of Allegiance 2. Mayor. 3. Service Awards 3. None. 4. Introductions and Awards 4. Proclamation: 5. Presentations Fire Prevention Week - 1 018-1 419 5 a) Historic Preservation Board - Annual Mental Illness Week - 10/1-7195 Report Displaced Homemakers (Women In Transition) b) Planning & Zoning Board - Annual Report Appreciation Month - 10195 6. Approval of Minutes - Regular Meeting Domestic Violence Awareness Month - 10195 9121195 Florida City Government Week - 10/15-21/95 5. a) Report received. b) Report received 6. Approved as amended. 7. Citizens to be heard re items not on the Agenda (maximum of 30 minutes) John Doran thanked the Mayor for suggesting and the City Manager for supporting and marshaling City staff to carry otit the Sparkle Days Clearwater Beach Cleanup. Dennis Henegar questioned where the sludge in his area is coming from citing health, safety and welfare concerns, He expressed concern the city is spending a great deal of money on projects. Commissioner Thomas reviewed what has been spent indicating other funding sources are being considered for the downtown lake and bridge. Mr. Henegar asked the same consideration as other downtown business owners re plantings. Debra Turner complained regarding the odor and water contamination in N. Greenwood. She expressed concern to any expansion of the Marhsall Street Plant and requested contamination be cleaned up. Rich Baier noted the city has no plans for expansion and has not been cited for being out of compliance. PUBLIC HEARINGS All individuals speaking on public hearing items will be sworn-in. Not Before 6:00 P.M. Variance & Rezoning public hearings: Staff states and summarizes reasons for recommendation (2 minutos), - Applicant presents case. Witness may be cross-examined (15 minutes), 1015/95 Staff presents further evidence. May be cross-examined (10 minutes). - Public comment (3 minutes per speaker). City Commission discussion, and may question any witness. Applicant may calf witnesses in rebuttal (5 minutesl. Conclusion by applicant (3 minutes). Decision. 8. Public Hearing & First Reading Ords. #5918- 95 & #5919-95 - Land Use Plan Amendment to Commercial General & CN Zoning for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 (L. J. Parham / Cope, Trustee, LUP95-27, Z95-08) 9. (Cont. from 8117 & 917195) Variance(s) to Sign Regulations for property located at 2632 Enterprise Rd. (Europa of Countryside, A Condominium, SV95-33) 10. Variance(s) to Sign Regulations for property located at 2170 Gulf to Bay Blvd., Sec. 13- 29-15, M&B 14.05 (Albertsons 1 Albertsons #4301, SV95-40) 11. Variance(s) to Sign Regulations for property located at 1721 Gulf to Bay Blvd., part of Tract A, replat of Blk D of Suburb Beautiful (Manny, Moe & Jack 1 Pep Boys Automotive Supercenter, SV95-411 8. Approved. Ords. #5918-95 & #5919-95 passed 1st reading. 9. Approved 32.9 sq.ft. area variance to allow 2 entrance signs with an area of 56.9 sq.ft. each, and height variances of 2.3' & 2.8' to allow 2 entrance signs with heights of 8.3' & 8.8' 10.Approved 81.5 sq.ft. area variance to allow attached sign with a total area of 145.5 sq.ft. on the south face of the building. 11. Withdrawn. Administrative public hearings: Presentation of issues by City staff. Statement of case by applicant or representative (5 minutes). Commission questions. Comments in support and in opposition (3 minutes per speaker). Commission questions. Final rebuttal by applicant or representative (5 minutes). Commission disposition 12. (Cont. from 917 & 9/21/95) Public Hearing - Res. #95-61 - authorizing placement of liens on properties for unpaid utility bills (FN) 13.Public Hearing & First Reading Ord. #5916-95 - Vacating W 4' of 10' drainage & utility easement lying along E side of Lot 6, Blk C, Northwood Estates Tract F less N 5' (McLaughlin, V95-12) (EN) 12. Res. #95-61 adopted. 13.Approved. Ord. #5916-95 passed 1st reading. 1015195 2 .-.,.. - I 14.Public Hearing & First Reading Ord. #5917-95 - Vacating 50' E/W r-o-w of an unnamed street lying between Lots 3 & 4 of Blk 3 and Lots 1 & 2 of Blk 6, Revised Map, Town of Bay View subject to Pinellas County vacating W portion and it being retained full width as a drainage & utility easement (McMullen, V95- 07) (EN) 15.(Cont. from 8/3/95) Public Hearing & First Reading Ords. #5875-95, #5876-95 & #5877-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk B, Lot 7 (Booth, A95-15, LUP95-17) 16. Public Hearing - Declaring surplus property, a parcel lying within the boundaries of the Memorial Civic Center parking lot, being a portion of Lot 7, City Park Sub., on which to place tower (CM) 14.Approved. Ord. #5917-95 passed 1st reading. 15.Approved. Ords. #5875-95, #5876-95 & #5877-95 passed 1st reading. 16. Declared surplus. Public Hearing - Second Reading Ordinances 17.Ord. #5895-95 - Annexation for property located at 1304 Parkwood St., Pine Ridge Sub., Blk A, Lot 11 (Koper, A95-20) 18.Ord. #5896-95 - Land Use Plan Amendment to Residential Low for property located at 1304 Parkwood St., Pine Ridge Sub., Blk A, Lot 11 (Koper, LUP95-23) 19.Ord. #5897-95 - RS-8 Zoning for property located at 1304 Parkwood St., Pine Ridge Sub., Blk A, Lot 11 (Koger, A95-20) 20.Ord. #5898-95 - Annexation for property located at 1939 Sunset Point Rd., Sec. 1-29- 15, Pinellas Groves Sub., SW 1/4, part of Lot 3 (Pappas & Silvie, A95-21) 21. Ord. #5899-95 - Land Use Plan Amendment to Residential Medium for property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 1/4, part of Lot 3 (Pappas & Silvia, LUP95-24) 22.Ord. #5900-95 - RM-16 Zoning for property located at 1939 Sunset Point Rd., Sec. 1-29- 15, Pinellas Groves Sub., SW 114, part of Lot 3 (Pappas & Silvie, A95-21) 10/5/95 17.Ord. #5895-95 adopted. 18.Ord. #5896-95 adopted. 19.Ord. #5897-95 adopted. 20.Ord. #5698-95 adopted. 21.Ord. #5899-95 adopted. 22.Ord. #5900-95 adopted. 3 23.Ord. #5903-95 - Annexation for property located at 1850 McMullen Booth Rd., Sec:. 4- 29-16, M&B 32.05 (Countryside Christian Center, A95-221 24.Ord. #5904-95 - Land Use Plan Amendment to Institutional for property located at 1850 McMullen Booth Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, LUP95- 26) 25-Ord. #5905-95 - P1SP Zoning for property located at 1850 McMullen Booth Rd., Sec. 4- 29-16, M&B 32.05 (Countryside Christian Center, A95-22) 23.Ord. #5903-95 adopted. 24.Ord. #5904-95 adopted. 25.Ord. #5905-95 adopted. 26. - Citizens to be heard re items not on the Agenda - None. CITY MANAGER REPORTS CONSENT AGENDA (Items #27-33) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting an the item individually. 27. Declare personal property surplus to city needs, authorize disposal through Tampa Machinery Auction, Tampa, FL (FN) 28. Contract for fleet (unleaded gasoline) fueling to Wright Express, Tampa, FL, for the period 1111195-10131196, with a 1-year option to renew, at an est. $428,650 (GS) 29. Contract extension for health insurance with Prudential Health Care System of Tampa Bay, Tampa, FL, under a fully insured funding arrangement for period 111196-12131196, at an est. $3,219,627 (HR) 30. Contract extension for mental health/substance abuse coverage with Professional Psychological Services (PPS), for the period 111196-12131196, at an est. $162,326 (HR) 31. Contract for Crest Lake Park Restroom Renovations to Oakhurst Construction Company, Inc., for $36,956.40 (PR) 32. Agreement for professional services with Kimley-Horn and Associates to conduct a beach parking feasibility study, for $65,276 (EN) 33. Approve removal of 4-Way stop installation at intersection of Landmark Drive and Eagle Estates Circle North 1 Meadow Hill Drive North (EN) OTHER ITEMS ON CITY MANAGER REPORT 34.Reclaimed Water Rate structure for Single 34.Directed staff to proceed. Family, Multi Family & Open Space Customer Classes; implement reclaimed water system for Island Estates with funding provided by 1015195 4 rate structure; authorize preparation of work order for production of detailed design 1 construction plans thereof (EN) 35.Sky Tower Lease Agreement 36-Approve selection of Pier 60 Concession Stand Operator 37. Library Board - 1 appointment (CLK) 38.Municipai Code Enforcement Board - 2 appointments (CLK) 39. Design Review Board - 1 appointment (CLK) 40.Other Pending Matters 35. Approved. 36. Ranked: 1) Pier 60; 2) Hamilton; 3) Engineering . 37.Appointed Marshall Bennett. 38.Reappointed Helen Kerwin. Continued 2nd appointment. 39.Appointed Mac Boykins. 40, None. CITY ATTORNEY REPORTS 41. Resolutions a) Resolution - Concerning the performance of Angels of America at Ruth Eckerd Hall b) Res. #95-77 - amending Rule # 12 of City Commission Rules relating to continuances of matters at the request of Commissioners 42.Other City Attorney Items a) Risk Management's recommendation of litigation to recover expenditures related to acid spill occurring 12/26/94 at the NE Wastewater Treatment Plant b) First Reading Ord. #5925-95 - Submitting to the City Electors a proposed amendment to the City Charter, amending?Sec, 2.01(d)(4)(v) to delete the referendum requirement for lease of city property with the Land Use Designation of Recreation / Open Space, providing for a referendum election 41. a) Res. #95-78 adopted. b) Res. #95-77 adopted. 42. a) Approved initiating litigation. b) Ord. #5925-95 passed 1st reading. The City Attorney scheduled an attorney/client session for 10/19/95 at 5:00 p.m. re Miles Lance vs. City. 43. City Manager Verbal Reports The City Manager announced the presentation to the tourist bureau regarding Harborview Center funding has been reagendaed to December. Berfield suggested getting help from the community. She reported the tire contract bid protest was pulled. She said the current contract expired 9130/95 and authorized a month to month extension with the previous vendor. Commission concurred. Agendaed for next meeting. 1015195 5 I . 3 I 44. Other Commission Action a) City Manager Evaluation - Report given & salary adjustment made. b) City Attorney Evaluation - Report given & salary adjustment made. Ihornaz. requested requirement for citizens to sign up in advance for meetings be deleted and that we go back to past practice of citizens to be heard being listed in one place on the agenda before public hearings. Consensus to do. Johnson questioned the commission's role on where to go during a hurricane. The City Manager said arrangements were made to have shelters open if necessary due to "Opal." She said the commission's role would be to help after the storm. Q e,y stated Sand Key Bridge tokens are no longer being taken and can be redeemed at the marina office. She suggested using the Sand Key tokens in conjunction with the Jolly Trolley tokens. Commissioner Berfield to check on this. , Garvey- thanked all the volunteers involved in the Clearwater Beach cleanup. Ciarmay noted there is a Special Election on October 24, 1995 which will include the pension fund issue on the ballot. She noted the issue's importance and encouraged everyone to vote. 45. Adjournment - 11:00 p.m. 1015195 6 s - ... .? .... aF?n?;. ? }+, .? .>•n•?,. .M...-_. ....mow _, - .?a. ,?.? ., ;?iC.o "!7?°yg.?YnFf s.?.. 4 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor Garvey FROM: Sally Thomas, Agenda Clerk ' SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk DATE: October 5, 1995 Tonight's invocation will be offered by Rev. Dick Church, Calvary Baptist Church, 331 Cleveland St., 34615 TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the October 5, 1995 City Commission Meeting DATE: October 5, 1995 The following presentation will be made at the October 5, 1995 City Commission meeting. f PROCLAAMATIC)NS Chris Yarnold, Mental Illness Week IDolores Benjamin, Displaced Homemakers (Women In Transition) Appreciation Month NLinda Amidei, Domestic Violence Awareness Month 4Fire Marshal James Goodloe, Fire Prevention Week Florida City Government Week ik I S I OA rE ik . RT. AGENDA oft ITEM #-,5,6 F 7?0 r C\! CITY OF CLEARWATER HISTORIC PRESERVATION BOARD .t 1995 ANNUAL REPORT FOR THE CLEARWATER CITY COMMISSION PREPARED BY: CENTRAL PERMITTING DEPARTMENT SEPTEMBER 22, 1995 <'• CITY OF CLEARWATER laterdeparbsent Cornrpandents TO: The Honorable Mayor Garvey and City Commission FROM: Stephen Alosa, Chairman, Historic Preservation Board SUBJECT: Annual Report - 1995 COPIES: Historic Preservation Board Members Margaret Kiehl Jean Stuart Vito Resta Bernard Ferrell J. Arlos Ogg, Ex-Officio DATE: September 22, 1995 Thank you for the opportunity to present this report of the Historic Preservation Board activities during 1995. This is the second time that the Board has had this opportunity, and we welcome the chance to inform you of our 1995 accomplishments. During 1995, the Board met on nine occasions to discuss and act upon various topics relating to historic preservation efforts and programs in our community. It is difficult to evaluate this Board's accomplishments on an annual basis, as the. Board is advisory in nature. The accomplishments of this Board are not significant when viewed over a short period of time, but very impressive when viewed over an extended period of time. The Board is generally guided by the goals and objectives contained in the 1986 historic preservation element of the City's Comprehensive Plan. Primary objectives include the historic identification marker program which was designed to identify and memorialize significant historic places within Clearwater. This program is coordinated with the members of the Clearwater Historical Society and the Pinellas County Historical Societe. Examples of this program include the downtown post office commemorative marker, the Harbor Oaks National Register Historic District marker, and the Seminole Bridge site, which was the location of the first wooden bridge connecting the mainland with Clearwater Beach. In an effort to make our community aware of the Board's activities, a letter writing campaign was introduced, recognizing the citizens of Clearwater for their sensitivity to historic preservation activities, and encouraging participation in helping to preserve the rich heritage of Clearwater. The letters are intended to acknowledge sensitive design restorations and material treatments and applications. The Board has made recommendations to the City Commission with regard to historic properties and has researched items for the City Commission to assist in the decision making process, such as the naming of the downtown Station Square urban mini-park on September 18, 1991. The Historic Preservation Board participated in the following activities in 1995: > Preparation of a letter to the City Commission opposing the rezoning of a certain property located on Gulf-To-Bay Boulevard; An oral history event saluting Mr. 1. Arlos Ogg, one of Clearwater's first professional photographers; .. September 22, 1995 Page two ? Initiation commissioning Mr. Howard Hansen to survey the Bayview Neighborhood; the completed Master Site File Forms have been filed in the State Depository; Department of Community Affairs, Division of Historical Resources. Priority activities for 1996 include; ? The continuation of the historic preservation identification marker program; ? The continuation of the of the historic preservation letter writing campaign; ? Continue to participate and assist in coordinating historic preservation awareness to the community; and ? The continuation of researching historic items for the Planning and Zoning Board and the City Commission. Thank you again for providing the opportunity to review our activities with you and to present you with priorities for 1996. ]U%AXLXH 14 r y TO: FROM: SUBJECT: CITY OF CLEARWATER Interdepartment Correspondence 5b Mayor and City Commission Kemper Merriam, Chairman, Planning and Zoning Board Annual Report • 1994/1995 COPIES: Planning and Zoning Members Elizabeth M. Deptuia, City Manager Cyndie Goudeau, City Clerk Scott Shuford, Central Permitting Director DATE: October 5, 1995 Thank you for the opportunity to present this annual report of the Planning and Zoning Board's activities during 1994 and 1995. We welcome the chance to inform you of our accomplishments. Between September, 1994 and August, 1995, the Planning and Zoning Board has met on 21 occasions, hearing 80 CUP requests. For each of these meetings, each of the seven Planning and Zoning Board members may travel between 20 and 30 miles in visiting the sites involved in the Board agendas. During this period, Board members spent 52.5 hours in meetings. Board members estimate that they spend approximately two hours visiting the sites and studying the cases for every one hour spent in a Planning and Zoning Board meeting. Of these CUP requests, Planning and Zoning Board has granted 77, and denied 3, with 4 hearing officer or Commission appeals of Board action during this period. Two of these appeals were withdrawn before a final determination, one appeal resulted in the Board's decision being upheld, and o» a appeal is still pending. There were 4-4 annexation, rezoning, and LUP recommendations. The Board has made recommendations to the City Commission on 27 Land Development Code Amendments during this period. The following code amendments are Board priorities for 1996: • Site lighting } "Fine-tuning" of the alcoholic beverage regulations The Board thanks the Commission and staff for supporting the work of the Board. Streamlining the Land Development Code through the following actions has greatly improved the City's code implementation and review procedures: (a) Deletion of the annexation, rezoning, land use plan amendment, site plan and subdivision receipt and referral requirements; (b) Establishing the revised alcoholic beverage requirements; (c) Revision of the Infill Commercial District uses; and (d) Creation of the Design Review Board. Thank you again for providing us with this opportunity to review our accomplishments with you and to present you with our priorities for 1996. r --r2-- i IV\ r7 I 5 Ite m # Clearwater City Commission Meeting Date: Agenda Cover Memorandum J b,5 ?5 IN ¦ irirr?.r.??r_r..1 i w¦r..rrw.rr•rwr?w¦?nw .?w r?i?ir.rwr.rr??unr_. SUBJECT: Application for Future Land Use Plan Amendment and Zoning Atlas Amendment for 1984 Sunset Point Road; Owners. L. J. Parham & Richard W. Cope, Trustee (Z 95-08 & LUP 95-27) RECOMMENDATION/MOTION: Approve the Petition for Future Land Use Plan Amendment to Commercial General, and Zoning Atlas Amendment to Neighborhood Commercial for Lot 2 and Part Lot 1, Sunset Oaks Subdivision, and pass Ordinances No. 5918-95 and 5919-95 on first reading. ? and that the appropriate officials be authorized to execute some. BACKGROUND: The lots for which rezoning is requested are located at the intersection of Sunset Point Road and Hercules Avenue and approximately 130 feet south of Barrington Drive North. The applicants are requesting a zoning change to enable them to construct a freestanding McDonald's restaurant. The subject lots are presently zoned Limited Office (OL) and have a Land Use Plan Classification of Residential/Office General. A freestanding restaurant is neither a permitted nor a conditional use in the Limited Office zoning district, but it is a permitted use in the Neighborhood Commercial zoning district. It is proposed to rezone the property Neighborhood Commercial (CN). The Future Land Use Plan Classification of Residential/Office General would be changed to Commercial General to conform with the Countywide Land Use Plan on the surrounding properties to the south and southeast of the subject property. These properties abut a nursing home to the west. The nursing home is presently separated from the proposed site by a retention pond and a significant vegetative buffer. The applicants intend to build a 3-4 foot high berm with a hedge along the western property boundary to buffer the existing nursing home facility. A fence is also proposed to be constructed around the rention pond area to enhance the safety of the nursing home residents (see a copy of the letter to Mr. Robert Lauer, Sr. enclosed). However, this letter/agreement is no part of the proposed zoning request. The size for the combined lots in this request is under two acres which is the minimum lot size for the Neighborhood Commercial District. The property to the south of the proposed site is an existing Mobil Oil station with an area of 34,166 square feet (0.78 acres) which may become a part of the proposed Reviewed by: originating Dept: Costs: _S N/A commission Action: Legal N/A CENTRAL PER ITTING Total ? Approved Budget N/A ? Approved u/conditions N/A chasin Pu s _ r g N/A Risk Hgmt. Current Fiscal Yr. 13 Denied CIS NYC User Dept: ? Continued to: ACM Funding Source: Other W/A 13 Capital Imp. Advertised: ? operating Attachments: Date: 9/5/45 S 9/14/95 Pa er: TAMPA TRIBUNE ? Other ORDINANCES No. 5918-95 & 919-95 p 13 N ired t R 5 N HAP o equ submitted by: Affected Parties Appropriation Code: ? Nona ?-- S Notified City H Zuger? ? Not Required Printed on recycled paper 10 Z 95-08 & LUP 95-27 Page 2 development. The Mobil Oil Station is in the County. A future annexation and rezoning of this property would bring the entire area into conformity with the acreage requirement for the proposed zoning district. The properties on the south side of Sunset Point and the east corner of Hercules Avenue and Sunset Point Road already contain commercial developments which are zoned Neighborhood Commercial. Therefore, the CN zoned area does conform with the two acres minimum. The proposed freestanding restaurant would be a permitted use if the proposed Future Land Use Plan and Zoning Atlas Amendments are approved. The rezoning will promote infill development and will be consistent with both the land use and zoning patterns in the area. It is consistent with the Comprehensive Plan which recommends nodal rather than strip commercial development at major intersections. The remaining office area to the north will be sufficient for an office development which will buffer the residential area further north and no changes will be recommended to intensify this zoning. Pertinent information concerning the request is summarized in the following tables. RECOMMENDATION: Based on staff review and analysis of the information contained in the application, the Central Permitting staff recommends approval by the City Commission of the proposed Land Use Plan Amendment to Commercial General, and Zoning Atlas Amendment to Neighborhood Commercial as they appear to be supported by the Standards for Approval of Land Development Code Article 111 of Chapter 40, and Section 36.066. PROPOSED ZONING AND FUTURE LAND USE PROPOSED ZONING DISTRICT Neighborhood Commercial PROPOSED FUTURE LAND USE CLASSIFICATION Commercial General EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES LOCATION IN CITY FUTURE LAND USE OR PLAN CATEGORY ZONING ACTUAL USE COUNTY Subject City Residential/Office R/OG Vacant property to be developed Property General North City Residential/Office OL Residential/Offices General City Commercial General CN Retail Establishments South County General Commercial C-2 Commercial, General Retail Services East City Recreation/Open Space R/OS City Property-Frank Tack Park West City Institutional P/SP Nursing Home .,.. .. Z 95-08 & LUP 95-27 Page 3 The Planning and Zoning Board held a public hearing on this application on September 19, 1995, after which they unanimously endorsed the proposed Future Land Use Plan Amendment to Commercial General, and Zoning Atlas Amendment to Neighborhood Commercial (CN) to the City Commission. ZONING RESTRICTIONS DESCRIPTION EXISTING :.; .. °R C UIREMENTS'r REQUIREMENTS Density ,s.6`:ra; =::°•:>::r > NIA NIA Lot Area 6 000 sq min ft 64 033 2 s ft , . . . , . q. . Lot Width at f#` ' .:...'{ <,. ;4«<s•,.: :..: min: 60 ft min 100 ft etb k li . . . . s ac ne Depth .....?<:;'?> ? :?..{.°•Y'.>?????>-<::,:;;: min 85 ft 354 ft . . Floor Area Ratio 0 3 max N/A . . OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: P/SP Public/Semi-Public (City) OS/R Open Space/Recreation (City) C-2 Commercial, General Retail & Limited Services (County) R/OG Residential/Office General (City) CN Neighborhood Commercial (City) u.p.a Residential units per acre ,, CITY OF CL 1WATER ZONING ATLAS AMENDMEN PPLICATION Name of Property Owner(s): L. James Parham & Richard Cope Address: 5931 Denver Street, St. Petersburg Phone: (814 522-9717 Kennedy Blvd., Suite 2000, Tampa, FLT Representative (if any)- gllp. muzphy. tuSinick_fi Wolfe, 101 E. -Phone-, 13 229-2111 33602 Legal Description of Property (Subject of Request), See Exhibit A Attached Acreage: 1.47 MOL Present Zoning District: OL Requested Zoning District: CN Clearwater Comprehensive Land Use Plan Classification:_ ROG (Request to CG filed) Pinellas County Comprehensive Land Use Plan Classification: ROG (Eeeuest to CG filed) Reason for Request: To construct a McDonaldI s restaurant. Site may be combined with adJaCF%nt,Mobi1 OilS, to and n joi.nti use £aC?lit-y__rehuilt_over both sites Is the requested Zoning District in conformance with the Clearwater Comprehensive Land Use Plan Classification? Yes No X NOTE: If the requested zone change is not consistent with the City's Land Use Plan, the applicant will be required to file a corresponding application to amend the Land Use Plan. Is the requested Zoning District in conformance with the Pinellas County Comprehensive Land Use Plan? Yes No x List any other pertinent information submitted; Letter to adjacent, nursing home zegarding buf f ering Signature: Dater 9 _ Reviewed by: LA141) USE IrLAII Altrt11IMIT API'LIC&TIO11 1 11t,HE Or PROPCnTY QNfICIi(S1?,L?7?„?,?s F linen and Richard Gana_______w???r? ADIIIIru$?? ?q t n???t?a,??r?rl?,?5?-pehereb?l?rg; FL 331031111011 l:__ 013-522-9717_ i;%Phlial:N'rATlvl: (11` Af1Y) sue Murp_y??lut?1S F Halfa _,,________W_ At11)IIti55 101 G. xannedy nouiovard, 12000, Tampa, rl, 33602 pllotlt:1113-229-2111 t,1;(;Al, UESC11tP'rto" Or PttOPt;lt'rY (stltocc'r or ttt;f}tIFS'r} See ExIviliAL A. Attached i•?iiL??Fi?:?"i'I ItiC3 ' GJ 114:NAl, t,dCA'r1bW?u? Ge.1~vI_}C 4r[+SF n ?Icsculea R 6unec C"Iy DI: CLt ARW TTY rii MIT ZONING VIST1tICT 0t, nrquF -1`m ZONIOG bi5'rtllCT cit Mote: A saturate mpplicx;ion is required if t11o zoning district Is proposed to be ch:inged. P119SENT CLE.AHWATC{I COMPnE11MISIVU LAW) us>v Mtm mASsirICATldtl Hoc nl?QUESTCU CLFAFOVA'run COWPII$11CIISlvr LMID USL' PLAN CLAS:,IrICA'rION CG nr-AS011 ron 11LQUEST To construct a NcDoonld'n resl•nurant. May nntnil Combining Rite witl+ adjacent tlohil oil Rita and rebuilding a rembined site for both u9err PIUMLAS COUNTY CO11P1113111301SIVS LA110 USG PLAN CLAfSIPICA'r10N rIOG to Cc AS '1`114 nCQUESTrtl LAND USE CA'rECo11Y 111 CONrOPMANCC WITH THU PittgLLAS COU1JTY LAill1 U58 PLAN CLASSINCATION7 YES 140 X 11ote: County Lmnd Usti Plan amendments require the approval of the rLnrllms County Piannil?l; Council nod llre State of riot-111.1 (Charter 163 C.S.). • State Growth iinnngerl+ent' LealslnliOn llulit,s I1na1 approval of Land Use Plan amendraelits by the City COnlln 5ST011 to twice a year. IIIevivwrd Iry; , (Pmftc ?olnald's IN e as July 25, 1995 MR. ROBERT G. LAUER, SR. CLEARWATER HARBORSIDE HEALTHCARE 1980 SUNSET POINT ROAD CLEARWATER, FL. 34625 RE: Proposed McDonald's at Sunset/Hercules Dear Bob: ,.j ?. t r f ? McDonald 's Corporation' One Urban Centre. Suite 395 4a3o West Kennedy 6oulevatd Tampa, Florida 33509 6131287-5559 Fax, 6131261.4310 As you are aware from your discussions with Ms. Sue Murphy Of Rudnick & Wolfe, we Intend to file an application for a land use plan amendment and rezoning in order to develop a McDonald's on the property that abuts the nursing home to the'east. As Sue mentioned to you, the development may Involve rebuilding the existing Mobil station to provide a single development that contains both Mobil and McDonald's or it may simply entail the development of a McDonald's restaurant. During the development of the site as either a single use (McDonald's) or a dual use (Mobil and McDonald's), McDonald's will provide the site Improvements you requested in order to assure the compatibility of the development with your nursing home facility. Specifically, we will construct a 3-4 toot high berm with a hedge along our western property boundary. This will be supplemented with flowers or some other acceptable landscaping. It is our understanding that you would be willing to provide a 5 foot landscaping easement to facilitate the construction of this berm, if needed. Additionally, we will construct a tence around our retention pond in order to enhance the safety of your residents. At this point in time, we have not yet determined whether the restaurant will remain under corporate ownership or will be owned by a franchise operator. If the facility is given to a franchiser, completion of these improvements will be a condition of the transfer of the restaurant to the franchise. Please feel free to contact either Sue or myself if you have any questions regarding this matter or if you road any additit,i,ai i,rliurrrialion at This time. i look forward to working with you on this issue. Sincerely, Y 7 Charles Allowa Market Share Manager Tampa Bay Region cc: Bob Kotovsky Jim Dunkle Frank Johnson Stephen Roth - Barclay Group Sue Murphy - Rudnick & Wolfe ?.? f?1 l ? t_. ORDINANCE NO. 5918-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED SOUTH OF BARRINGTON DRIVE NORTH, CONSISTING OF LOT 2 AND PART OF LOT 1, WHOSE MAILING ADDRESS IS 1984 SUNSET POINT ROAD. FROM RESIDENTIAL/OFFICE GENERAL TO COMMERCIAL GENERAL: PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan.of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the Comprehensive Plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Category See Exhibit A attached. From: Residential/Office General (LUP 95-27) To: Commercial General Section 2. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Board- of County Commissioners and subject to a determination by the state land planning agency or the Administrative Commission of the State of Florida, as appropriate. of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Director of Central Permitting is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and lega uff'ciency: Pamela .Ain, City Attorney Rita Garvey, Mayor-commissi6ner Attest: Cynthia ou eau, qty er Ordinance W. 5918.95 ORDINANCE NO. 5919-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY LOCATED SOUTH OF BARRINGTON DRIVE NORTH. CONSISTING OF LOT 2 AND. PART OF LOT 1, SUNSET OAKS, WHOSE POST OFFICE ADDRESS IS 1984 SUNSET POINT ROAD, FROM LIMITED OFFICE (OL) TO NEIGHBORHOOD COMMERCIAL (CN); PROVIDING AN EFFECTIVE DATE. WHEREAS. the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoning District See Exhibit A attached. From: Limited Office (OL) To: Neighborhood Commercial (CN) 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 shall take effect immediately upon adoption. subject to the approval of the land use category set. forth in Ordinance No. 5918- 95 by the Nineilas County Board of County Commissioners and subject to a determination by the state land planning agency or the Administration Commission of the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §.163.3189, F.S. PASSED ON FIRST READING ' PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal suffici cy: a IL Pamela K. AK111 City Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia ou eau City Clerk Ordinance No. 59I9.95 r' LEGAL DE5CRIPTION PARCEL NO. 1 (Parham Parcel) The South 160.00 feet of Lot 1, Sunset Oaks, according to the plat thereof as recorded in Plat gook 89. Page 1, public records of Pinellas County, Florida. AND PARCEL NO. 2 (Cope Parcel) Lot 2, Sunset Oaks, according to the plat thereof as recorded in Plat gook 89, Page 1, public records of Pinellas County, Florida,. EXHIBIT A Ordinance M. 5918.95 and No. 5919--95 a 037 cr. 19'J 197J > 93 98 76 71 4 92 \s' 94 97- '°.• a`°w 94 197 C3 1367 68 °" 1967 /ssa 75 1967 2 t 41 If 89 r9sQ Z Y f96r 'sB? H. 1961 196A u 1961 91 U 95 96 U S00 74 fz 1951 r9s? 7 o 90 so 60 1935 DRIV>= . N. w t'. 4! 0 h ? q ? q q t? ? V ? ? ' ? ?? •:?s 111 o 112v ' t1a 109 108 [10 7 Or, 105 10a 103 saz 101 .; t13° 116 ry 117 U lil I ? SUNSET ' w 11 4 115 q . OAKS 1967 FRANK TACK PARK RES. 73-33 _ OS-/R. i .3/t1'r PROPERTY 3660-97 U $94f rELL. -66 ?? a ? 119 518 L) Zi =121 ? - 120:. 19t3?' " _ .'. 125 124- o ?: 522 ? 123= ?;.a '? .24/01 iii?i ? -? "1 psi, .f ,. _ _ ._., ..... ?. 1 i•' `7 _..,..-.-.. 430 ,.. 1909 o LANE. ? ?- a??. _ ,1 ' n .- ._ ?`'_ - •i 2? ? ?,'r;; ?• ,,?,-,1? .. _ , 13/0 ... PI _ h r .01:1• ?_s ?? t?.. - .r . ?LL w? -- 7. J 129J`.128 •12.7: 126, ,.:t; i.. - .. .. ... ..J"?w •. ... ,.__ 03.1-•: ?oatt+?w ' Su N SE T PT ROAD . . ® 1 n _ 8 et 7 63 e. e3 ee ' 7 a as to 71 72 r3 7 . ,• » T7 a ? ? _ ? p • ._.. i ?' j o N n N o N V 4N4 f • N N ? + N n +, V4 N I 1 y N N . . I - r rt Q b ° A q nn n t4 N w ^ H N .. n .. . 'R ? N N N ? N N N t4 N r?. ry ?i y I ry ? - 37 35 40 4A .47 44 t- u I 2 - ! 1890 1681 PROPOSED LAND USE PLAN AMENDMENT and REZONING HER CDARNAM E1 c0?E LICANT -LAND UV PLAN ROm RE51 DEQT'[A L- ? a FFtGE GENE 9-A L Conk w1 C2CIAL GEPElL14L ZONING 01- r-- ZJ ACR>=S 1.L47 LANNING and ZONING BOARD CITY COMMISSION ECTION 0( TOWNSHIP 'Zct S RANGE {S E ATLAS PAGE 2 53 A x qg -Os L UP qs-2.7 PROPERTY DESCRIPTION L..oT 2 E PART LoT f suQ5E1" oQ?rz S A -s b S o 5 ?, -z 1 1 I i ? ? v p7 _ ?.?+ ' ..111.««. .r........1 .wl • rr. r... ?? I .t% rr? n-, 0 1 1 I 1 1 I 1 r 1 H . /J.1T11fr . ? ,? ? h•011. - - ,ir nr wFn,Iw?- ?.??..?..{.....? ? ?.f1Y .1'•711+ ?,??. ?.7r. rl..]*Iw? p `i 1 M. 1.77•' 1 0 Lt r' s n 7 t., ?? e CJ 1 T?I+r ` n 1 At" cc 1 w 1 S? s ? m cc v Re MCDONALDS LAND USE PLAN AMENDMENT AND REZONING NORTHWEST OUADRANT OF SUNSET POINT AND IWRCULES The requested land use plan amendment to CG and rezoning to CN is compatible with the following City of Clearwater Comprehensive Plan Objectives and Policies: Policy 2.1.2: Land use decisions in Clearwater shall support the expansion of economic opportunity, the creation of jobs, and maintenance of existing industries through establishment of enterprise zones, activity centers and redevelopment areas and by coordination with the Chamber of Commerce and Tourist Development Council. Objective 2.4: In considering extension of service and facilities, Clearwater shall actively encourage: infill development. Objective 2.5: Compact urban development within the urban service area shall be promoted through application of the Clearwater Land Development Code. Policy 3.2.3: Commercial land uses shall be located at the intersection of arterial or collector streets and should be sited in such a way as to minimize the intrusion of off-site impacts into residential neighborhoods. New plats and site plans shall discourage the creation of "strip commercial" zones by insuring that adequate lot depths are maintained and by zoning for commercial development at major intersections. I mwonaicrs r to July 25, 1995 MR. ROBERT G. LAUER, SR. CLEARWATER HARBORSIDE HEALTHCARE 1980 SUNSET POINT ROAD CLEARWATER, FL. 34625 RE: Proposed McDonald's at Sunset/Hercules Dear Bob: McDonald's Corporation One Urban Centre, Suite 395 4830 West Kennedy Boulevard 'Pampa, Florida 33609 8131267-5559 Fax: 8131261-4310 , As you are aware from your discussions with Ms. Sue Murphy of Rudnick & Wolfe, we Intend to file an application for a land use plan amendment and rezoning in order to develop a McDonaid's on the property that abuts the nursing home to the east. As Sue mentioned to you, the development may involve rebuilding the existing Mobil station to provide a single development that contains both Mobil and McDonald's or it may simply entail the development of a McDonald's restaurant. During the development of the site as either a single use (McDonald's) or a dual use (Mobil and McDonald's), McDonald's will provide the site improvements you requested in order to assure the compatibility of the development with your nursing home facility. Specifically, we will construct a 3-+4 toot high berm with a hedge along our western property boundary. This will be supplemented with flowers or some other acceptable landscaping. It Is our understanding that you would be willing to provide a 5 toot landscaping easement to facilitate the construction of this berm, if needed. Additionally, we will construct a fence around our retention pond In order to enhance the safety of your residents, At this point in time, we have not yet determined whether the restaurant will remain under corporate ownership or will be owned by a franchise operator. If the facility is given to a franchiser, completion of these improvements will be a condition of the transfer of the restaurant to the franchise. Please feel free to contact either Sue or myself if you have any questions regarding this matter or if you naed any additiooai information at this time, i look forward to working with you on this Issue. Sincerely, Y 7 Charles Allowa Market Share Manager Tampa Bay Region cc: Bob Kotovsky Jim Dunkle Frank Johnson Stephen Roth - Barclay Group -fSue Murphy - Rudnick & Wolfe I I i r • 1 i lw N OL buffer between site and residential area north on Hercules. J? 4r :%W T4 Site wraps around Mobil station on corner. The portion of site along Hercules. Retail center on the northeast corner of Hercules and Sunset Point across from site. intersection or [terculer, and Sunset Point. ;s Entrance to site along Sunset Point {between fence and the Mobil station. Snut•It side ref ilmI10. Point- ?r-.rrs:;s from I.lu ,itc. t y??is?:.43? ` k ?r r{{?;e ya , t Nursing home went of site on Sunset Point. Site is to the right of the parking lot area. From nursing home pa rk i nci lot looking south, 5 i to .i left or trees and rtAvnCiorl area !?I t :4 s. .t r ?t 3NYI 113u330 HolmbuYO 9 c9 d ?, *- 7 /d/5?g5 Y, F gas r..+?/ ec ?.../ Clearwater City Commission Agenda Cover Memorandum 9 Item H Meeting Date: ?c.g.r SUBJECT: Variance to the Sign Regulations; 2632 Enterprise Rd.; Europa of Countryside, A Condominium (Owner/Applicant); Frederick Reimer (Representative). (SV 95-33) RECOMMENDATION/MOTION: Approve the following variances: (1) an area variance of 32.9 square feet from the permitted 24 square feet to allow two entrance signs with an area of 56.9 square feet each, and (2) height variances of 2.3 feet and 2.8 feet from the permitted 6 feet to allow two entrance signs with heights of 8.3 feet and 8.8 feet, respectively, on property identified as Europa of Countryside, A Condominium, for meeting Sec. 45.24 Standards for Approval, items (1)-(4). ? and that the appropriate officials be authorized to execute same. BACKGROUND: The applicant is requesting the following variances: (1) an area variance of 32.9 square feet from the permitted 24 square feet to allow two entrance signs with an area of 56.9 square feet each, and (2) height variances of 2.3 feet and 2.8 feet from the permitted 6 feet to allow two entrance signs with heights of 8.3 feet and 8.8 feet, respectively. The subject property is located on the north side of Enterprise Rd., east of U.S. 19, and is in the Multiple Family Residential 12 zoning district. The variances are requested to permit the two existing entrance signs to remain. Pertinent summary information is listed in the following table. Reviewed by: Originating Dept: Costs: S_N/A Commission Action: Legal N/A? CENTRAL PERMITTING Total ? Approved Budget MIA Purchasing N/A S ? Approved w/conditions Risk Mgmt. _ N/A User Dept: Current Fiscal Yr. ? Denied C[S N/A ? Continued to: ACM Funding Source: CRT ? Capital imp. Advertised: ? operating Attachments: Date: 13 other APPLICATION Paper: Tampa Tribune VARIANCE: WORKSHEET © N d MAPS ot Require Submitt Affected Parties None F ?W ® Notified Appropriation Code: City Ma ger © Not Required Cal Printed on recycled paper SV 95-33 Page 2 Information Existing Permitted Type of signs Freestanding Yes Location/orientation of signs Enterprise Rd. Yes Area 56.9 sq. ft. (each) 24 sq. ft. Setback 7 ft. (each) 5 ft. Height 8.3 ft. (west sign) 8.8 ft. (east sign) 6 ft. Staff Commen s Pro osed Conditions: Europa condominiums are identified by two freestanding signs, one on each side of the entrance drive. Each sign has an area of 56.9 square feet, which is more than double the 24 square feet permitted for signs in residential zones. Additionally, the signs are higher than the 6 feet permitted in residential zones. The sign on the west side of the entry drive is 8.3 feet high and the sign on the east side is 8.8 feet high. There are special conditions that warrant granting these variances. There are numerous nonresidential properties nearby which are permitted signs that are larger and higher than the Europa signs. To the west on Enterprise Rd. are properties zoned Highway Commercial and Commercial Center. Signs in Highway Commercial zones are permitted an area of 112 square feet and a height of 20 feet. Signs in Commercial Center zones are permitted an area of 150 square feet and a height of 20 feet. The property directly across Enterprise Rd. is zoned General Office. Signs in General Office zones are permitted an area of 50 square feet and a height of 20 feet. The Europa signs, each with an area of 56.9 square feet and with heights of 8.3 feet and 8.8 feet, are not out of scale or character with other signs permitted in this mixed-use area. Furthermore, the Europa signs are not constructed in a manner that facilitates alteration. They are constructed with concrete blocks and bordered with brick trim. As such, the hardship that would be imposed upon the applicant by strict enforcement of the code would outweigh any benefit derived by the public. SURROUNDING LAND USES Direction Existing Land Uses North Single family residential South Offices East Condominiums L est Lmorida Power right of way These two freestanding signs do not divert attention from nearby properties. The granting of these variance will not detract from properties that have conforming signs and will not negatively affect the appearance of the neighborhood or the City. F .. . SV 9b-33 Page 3 A1? ahIQV,arianre Standards: To be eligible for a variance, a request must meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the petitioner's request meets all of the standards. In particular, the following standards do appear to be fully met: (1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. (2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. (3) The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. (4) The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. i- SV 95-33 Page 4 Relevant Previous _Decisions _by.the Commission: FREESTANDING SIGN AREA CASE # ADDRESS NAME VARIANCES MEETING REQUESTEDtACTION DATE SV 93-06 1621-1627 Connell's Plaza 144 sq. ft. add'I to allow 9128193 Gulf to Bay 208 sq. ft./Denied Blvd. SV 93-18 1800 Gulf to Young's BBQ 39.5 sq. ft. add'I to allow 11/9/93 Bay 103.5 s q. ft./Denied SV 93-41 25778 U.S. Forbidden City 78 sq. ft. add'I to allow 217194 19 190 s q. ft./Denied SV 93-67 29605 U.S. Criterion Center 22.8 sq. ft. add'I to allow 2/7/94 19 72.8 s . ft./A roved SV 93-42 25485 U.S. Dimmitt 80.8 sq. ft. add'I to allow 317194 19 Chevrolet 192.8 sq. ft./Denied 15.03 sq. ft. add'I to allow 127.03 s q. ft./Approved SV 93-48 26200 U.S. Rio Bravo 30 sq. ft. add'I to allow 4127/94 19 180 s q. ft./Denied SV 94-16 1861 N. Sunset Square 71 sq. ft. add'I to allow 9/15194 Highland Ave. Shopping Center 221 sq. ft./Denied 32 sq. ft. add'I to allow 182 q q. ft./A roved SV 94-36 2218 Gulf to Mr. Submarine / 94 sq. ft. add'I to allow 11 /3/94 Bay Mr. Gyros 158 s q. ft./Denied SV 95-10 430S. Adam's Mark 6 sq. ft. add'I to allow 56 312195 Gulfview Hotel sq. ft./Approved Blvd. SV 95-21 23917 U.S. U-Haul 37.6 sq. ft. add'I to allow 4120/95 19 101.6 s q. ft./Approved SV 95-18 2475 Sunset Pinellas 36 sq. ft. add'I to allow 60 514195 Pt. Community Bank sq. ft./Denied 8.8 sq. ft. add'I to allow 32.8 s q. ft./Approved SV 95-25 1625 N. Salvation Army 24 sq. ft. add'I to allow 72 5118195 Belcher Rd. Community sq. ft./Approved Worship Center SV 95-27 3060-3080 Imperial Pines 34.8 sq. ft, add'I to allow 6/15/95 Eastland Blvd. Condominium 58.8 s . ft./A roved SV 95-28 2737 Oaks of 24 sq. ft. add'I to allow 48 6/15/95 Enterprise Rd. Northwood s q. ft./Approved SV 95-33 Page 5 FREESTANDING SIGN HEIGHT CASE # ADDRESS NAME VARIANCES MEETING REQUESTED/ACTION DATE SV 92-28 1290, 92, 94 Stewart Title 2 ft. add'I to allow 10 12/17/92 Court St. ft./Denied SV 93-18 1800 Gulf to Bay Young's BBQ 5.33 ft. add'I to allow 1119/93 25.33 ft./Denied SV 93-34 19400 U.S. 19 Kenyon Dodge 16.75 ft. add'I to allow 1124/94 36.75 ft./Denied SV 92-30 1266 Court St. Accurate 17.2 ft. add'I to allow 1124194 Automotive 25.2 ft./Denied Repair 3.9 ft. add'! to allow 11.9 ft./Approved SV 93-61 21227 U.S. 19 Cambridge Apts. 14 ft. add'I to allow 20 1124194 ft./Approved SV 93-41 25778 U.S. 19 Forbidden City 12 ft. add'I to allow 32 217194 ft./Denied SV 93-72 23197 U.S. 19 The Golf Depot 8 ft. add'I to allow 28 3121194 ft./Denied SV 94-22 400 Island Way Clipper Cove 3.5 ft. add'I to allow 8/4/94 Condominium 9.5 ft./Denied 2.5 ft. add'l to allow 8.5 ft./Approved SV 94-16 1861 N. Highland Sunset Square 5 ft. add'I to allow 25 9115/94 Shopping Center ft./Denied 2 ft. add'I to allow 22 ft./Approved SV 94-33 20 Island Way Jesse's Flagship 1 ft. add'I to allow 21 10/6/94 Restaurant ft./Approved SV 94-36 2218 Gulf to Bay Mr. Submarine 1 7 ft. add'I to allow 27 1113194 Mr. Gyros ft./Denied SV 94-06 701 N. Hercules Clearwater 2.5 ft. add'l to allow 11/17/94 Professional 10.5 ft./Denied Center SV 95-01 1835 N. Highland Shanghai 4.3 ft. add'I to allow 1119/95 Express 14.3 ft./Denied SV 95-17 2495 Gulf to Bay Builder's Square 5 ft. add'I to allow 25 514195 ft./Denied SV 95-27 3060-3080 Imperial Pines 1.7 ft. add'I to allow 6115195 Eastland Blvd. Condominium 7.7 ft./Approved VARIANCE WORKSHEET - CASE NUMBER SV 95-33 i'TAf /I M R M VAli XCE APPWVA1 WrP" FTANGS 11) Thera are special circumstances related tc the particular Europa condominiums are klentifled by two freestanding physical surroundings, shape or topographical conditions signs, one on each sid@ of the entrance drive. Each sign has applicable to the :and or buildings. and such circumstances an area of 60.8 square feet. which Is more than double the are peculiar to such land or buildings and do not apply 24 square fast permitted for signs In residential zones. generally to the land or buildings in the applicable zoning Additionally, the signs are higher than the 0 feet permitted In distrlct, residential zones. The sign on the want side of the entry drive Is 8.3 feet high and the sign on the east side Is 8.8 feet high. There are special conditions that warrant granting these variances. There are numerous nonrasidontlel properties nearby which are permitted signs that are larger and higher than the Europa signs. To the west on Enterprise lid, are ptoperties zoned Highway Commercial and Commercial Center. Signs In Highway Commercial zones are permitted an area of 112 square feet and a height of 20 feat. Signs In Commercial Canter zones are permitted an area of 150 square feet and a height of 20 feet. The property directly across Enterprise lid. Is zoned General Office. Signs In General Office zones are permitted an area of 50 square feet and a height of 20 fast. The Europa signs, each with an area of 50.8 square feet and with heights of 8.3 feet and 8.8 feet. are not out of scale or character with other signs permitted In this mixed-use area. Furthermore, the Europa signs are not constructed In a manner that facilitates alteration. They are constructed whh concrete blacks and bordered with brick trim. As such, the hardship that would be Imposed upon the applicant by strict enforcement of the code would outweigh any benefit derived by the public. 12) The strict appllcatlon of the provisions of the cods would The hardship that would be Imposed upon the applicant by deprive the applicant of the reasonable use of the land or strict enforcement of the code would outweigh any benefit buildings. derived by the public. I31 The variance Is not based exclusively upon the desire for The varlance request appears to satisfy this condition. economic or other material gain by the applicant or owner. (4) The granting of the variance will be In harmony with the The sign regulations were adopted with the intent of general purpose and Intent of the land development coda and enhancing the visual quality of the City's streets and comprehensive plan and will not be materially Injurious to landscape In order to protect the value of properties and the surrounding properties or otherwise detrimental to the public well-being of the local tourist oriented economy. The welfare. granting of this variance appears to be consistent with this Intent. 11 W06-3311 50'00 CENTRAL PERMITTING DEPARTMENT b-lq-95 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 SIGN VARIANCE APPLICATION 'ROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: EUROPA OF COUNTRYSIDE, A CONDOMINIUM FREDERICK REIMER MAJESTIC PROPERTY MANAGEMENT 4800 MILESTRETCH DRIVE HOLIDAY, FL 34690 'ELEPHONE: TELEPHONE: 813 9 8- MRESS OF SUBJECT PROPERTY: 2632 ENTERPRISE ROAD, EAST, CLEARWATER, FL 34619 DAME OF BUSINESS (IF APPLICABLE): EUROPA OF COUNTRYSIDE 'QNING DISTRICT: RM12 LAND USE CLASSIFICATION: RM LAND AREA:4 .95 ACRES MDL .EGAL DESCRIPTION OF SUBJECT PROPERTY: EUROPA OF COUNTRYSIDE ? A CONDOMINIUM ARCSL NUMBER: 32 28 1 16 26390 / 000 0000 IThis information is vaiiahle from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207. If more than one parcel umber, attach 8% x 11 inch sheet) -(=SCRIBE SURROUNDING USES OF PROPERTY: North: SINGLE FAMILY RESIDENTIAL East: CONDOMINIUMS South: OFFICES West:FLORIDA POWER RIGHT OF WAY ARIANCfiI) RRU?ST, 51,.17 eac'? ` 1. 615-.-6 SQ.YYI?F..--T . TO PERMIT A TOAL OF 14-3-'fr SQ. FT. OF FREE STANDING SIGN AREA. 2. 2.6 FT. AND 2.3 FT. IN HEIGHT RESPECTIVELY TO PERMIT A FREE STANDING HEIGHT OF 8.8 FT. AND 8.3 FT. CONTINUED ON REVERSE SIDE STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and evidence oresentod clearly support the following conclusions: 1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district because THE ENTRANCE TO THE CONDOMINIUM IS SET BACK OFF OF ENTERPRISE ROAD. SIGNAGE AS ORIGINALLY INSTALLED DURING THE CONSTRUCTION IS NECESSARY FOR IDENTIFICATION. 2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings because SMALLER SIGNS WOULD INHIBIT EUROPA OF COUNTRYSIDE FROM THE OTHER CONDOMINIUM COMPLEXES WHICH ARE ALL GROUPED TOGETHER. ALSO FAILURE TO GRANT THIS VARIANCE COULD BE THE CAUSE OF A MOTOR VEHICLE ACCIDENT WHEN CROSSING ENTERPRISE DUE TO SMALL SIGNAGE. 3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner because THE CONDOMINIUM HAS BEEN IN EXISTANCE FOR 12YEARS, COMPLETELY SOLD SO NO ECONOMIC GAIN CAN BE ACHIEVED BY THE GRANTING OF THIS VARIANCE. The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare because T THE SIGNS HAVE BEEN IN EXISTANCE FOR 12_Y&ARS.___T_0__DATE WE ARE UNAWARE OF ANY COMPLAINTS OTHER THAN THE CITY OF CLEARWATER WHO'S COMPLAINT IS BASED ON A CHANGE IN THE ORDINANE. THE SIGN IN QUESTION SHOULD BE "GRANDFATHERED" IN. -HIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE :ITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY ;IGNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL'OF THIS APPLICATION. 1;irJ6-.y7_1C e0iA)e16C1'1c:.1; :IGNATURE OF PROPERTY OWNER tOR REPRESENTATIVE): IWI Eurwlfl C&K worn to and subscribed before me this day of .-)? 6/ `A.D., 19 y I n' C-4 I G 7`5 ,P , M e .? _ _ . who is personally known to me and/or has produced as identification. STATE OF FLORIDA, COUNTY OF (?-C) Commission No. Jame of Notary typed, printed or stamped) MARY ANN MYS7.KOWIAK Notary PUtAC, State of Plor,dn My Comm Fxp11r,.5b1,jy 18 1998 No, CC 373378 00ndWThN(91flrla<I Nolarp Orruarr NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. )'? A e L1 A? S 0 /"Y) ?-l MX r, /,) / A ., ,. i• Y THAT Renee Stevens, as Vice-,President of Europa of Countryside Condominium Association, Inc. ('Association") has made, constituted and appointed, and by these presents does make, constitute and appoint Frederick Reimer, as true and lawful attorney for herself 25 President of the Association, and in her name, place and stead, - for and roojve a siEn. variance with referencUpthe PrgRCrty ally described As foJloW : Europa of Countryside, A Condominium, according to the Declaration of Condominium thereof as recorded in Official Records Book 5746 at pages 1212 through 1269, inclusive, Condominium Plat Book 75, pages 117 through 123, inclusive, of the Public Records of Pinellas County, Florida, having a strftt address at Enterprise (load, Clearwater, Florida 34'619. :By: Renee Stevens. Vice-President STATE OF FLORIDA COUNTY OF PINELLAS The foregoing instrument was acknowledged before me this jE_3P-day of giving and granting unto Frederick Reimer, as said attorney, full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises as fully, to all intents and purposes as I might or could do if personally present, with full power of substitution and revocation, hereby ratifying and confirming all that Frederick Reimer, as said attorney or his substitute shall lawfully do or cause to be done by virtue hereof. IN WITNESS WHEREOF, I have hereunto sat my hand and seal this rx3 "'"_day of L'}'y,161_1 1995. Signed, sealed and delivered in our presence: EUROPA OF COUNTRYSIDE CONDgMINIUM ASSOCIOON, INC, 1995, by Renee Stevens, as Vice-President of Europa of Countryside, Inc., a `Florida corporation, on behalf of the corporation, She took an oath, and is personally known to tie or has produced as identification to be the Vice-President of the corporation executing the foregoing instrument, and she acknowledged executing the same voluntarily under the authority duly vested in her by said corporation, if no type of identification is indicated, the above-named person is personally known to me. (SEAL) NOTARY PUBLIC SIGNATURE STATE OF FLORIDA AT LARGE I/Vop 'L Printed Name of Notary Public My Commission Expires: t :1?\surop?lKtgnrir.po? L3ttDA L. R ur L t CC ammo ;; ? owrc-s: Auowe rr. twe ?a+d1 itrr Harr nac lyier«rn i i 1 f r i j i Ali a a v 't f i ?l • IC N 4W D W 2 J I 06 V ? •g h o? a a r = s r ? p u •? M ? r ? err s ? r ¦ rP a Q ti U CA Isar M F N 13 A 0 Q O p • M w ? y ? y G 010 veers b'JoHOW MY07Y V W ,p n U •? b p p r 0? b ? ti D r b r sh •s± D ?o?^R e r u r u x R u? u O '^ r w b ? ¦ ? i V r V A K V V V t 1 r nn _nn e 1 OS Z) v w k? 14 M v?l v 1 # a r t ?. 43 'A 427- o? • •p V O? V # ? Ow ? O 7 R ? ,01-rv it 00.00 w _ ,6? 9Z ,40 OS 1?,• u u Y w u w t7 1 ? ? u G V ?W1..1 n 1 o o u ~ `I M u L 0 of ? .^. "_' a ? Pt ?. 71 . . r w In N .r ew 7 t ? U b ,b at .00000 N • ? aa r GPI gg? 24 ,iqAk8j AM, a lJ r 9 fVV?;.in]5 ` ?B{o..¦ } pub =?~ F • ?.?l1 x Wre?ll aF^. r ??'JY, ?~CY Y O " RJ f1?' ??} 3c; It It t SIGN VARIANCE REQUEST NAME: EUROPA 0F90UNTRYSIDF, INC. / REIMER SV # 95-33 PUBLIC HEARING DATE :AUGUST 3, 1995 ATLAS PAGE: 223A SEC: 32, TWP: 2a S RGE: 1E E CLEARWATER CITY COMMISSION F• n 4? ? f ? o -/ p 1 4? w ? ?MSr.o i ww •.. rrr1 N N 1 f ? u ? 1 ! ?nH?--3mos? ? 1 1 1 ? u gr S f a'?" Q0 1 ? ~pu i ei s n 1? ?- -rai s'n-r-- ?r`ID l r ? LNTL•ri?? ? ?1 ` ??, ?? [ / 611 N3H113A 9t / g{ ( t ?v 1 Oi M3r31]P ? .:?-,..I ? '9b Y3rOl3F? '9t i13NST3B he 1 1 w JE5 j ?.? ?r? DKflr ? "`? C c tfe }N33M ? t-.-.T IT" 1 _ 1 y o ? ? ? ? Oar I ? I ? •ao )wv'r x ?' 4 r T 5 J ;Av .17M1.e -??-^^ 'y.. -.? 9NY1?gv. I ?( I •N•.-? 9NY7'41? ? ! ? I I I f to I ? ? i '? I I .' '}nr ),b *A M]N .1-.. yVMrrJr. i'JMIY N F V 1 N \+--I '31Y 73Mn•rlen-i'-- 3Nr1 --?- .VJ.3i -? -? ? --? ? It----7Nr1?fL' Jst38 ?? ±.n ,--??'3\• ??? srv+g0 1 I i I y?r wnossrn 1 r Q 1 ?" ' ? I ? ? ? r? Yan•?`? 1 '? f (. _ n ??1 I '??Y NOS ?M T. I 'j1 0 1 ?1f r ? 1 ? a G 1 : i I ]f Q I ? ^ ? 1 n r \ C" I L 111 i ?'-"?-??'y,r ?r•7.9Nrn r ! rt, t C ! b. ? D.4T f= Fli9 t • Item # Clearwater City Commission Meeting Date: C} Agenda Cover Memorandum SUBJECT: Variance to the Sign Regulations; 2170 Gulf to Bay Blvd.; Alhertsons/Albertsons #4301 (Owner/Applicant); John D. Miller (Representative). (SV 95-40) RECOMMENDATION/MOTION: Deny the following variances: (1) an area variance of 192.3 square feet from the permitted 64 square feet to allow attached signs with a total area of 256.3 square feet, and (2) a variance of one wall sign to allow four wall signs, on property identified as Sec. 13-29-15, M&B 14.05, for failure to meet Sec. 45.24 Standards for Approval, items 0)-(4). Approve an area variance of 48 square feet from the permitted 64 square feet to allow attached signs with a total area of 112 square feet, on property identified as Sec. 13-29-15, M&B 14.05, for meeting Sec. 45.24 Standards for Approval, items (1)-(4). ? and that the appropriate officials be authorized to execute same. BACKGROUND: The applicant is requesting the following variances: (1) an area variance of 192.3 square feet from the permitted 64 square feet to allow attached signs with a total area of 256.3 square feet, and (2) a variance of one wall sign to allow four wall signs. The subject property is located on the north side of Gulf to Bay Blvd., between S. Belcher Rd. and S. Main Ave., and is in the General Commercial zoning district. The variance is requested to permit the existing attached signs oriented to Gulf to Bay Blvd. to remain. Pertinent summary information is listed in the following table. Reviewed by: Originating Dept: Costs: S N/A_ Conaission Action: Legal 1A CENTRAL PERMITTING Total ? Approved Budget N/A Purchasing N/A S ? Approved w/conditions Risk ligmt- N/A User Dept: Current Fiscal Yr. 13 Denied Cis N/A ? Continued to: ACM -ICA 11- Funding Source: CRT 13 Capital Imp. Advertised: ? Operating Attachments: Date: © other APPLICATION Paper: Tampa Tribune VARIANCE WORKSHEET ? d MAPS Not Require Submitted by: Affected Parties 13 None 's -? /L ` ?/ ® Notified Appropriation Code: ? f ? Not Required nag6r city 0 Printed an recycled paper SV 95-40 Page 2 Information Existing Permitted Type of signs Attached Yes Location/orientation of signs Gulf to Bay Blvd. Yes Area 256.3 sq. ft.* 64 sq. ft. Number of wall signs 4 wall signs* 3 wall signs " Albertsons nas tour wall signs OClentea to Cault to tiay tsiva. wnicn ylsla a total area of 1oti.:i square feet. an "Albertsons" sign (145.5 square feet), two "Food/Drug" signs (50.4 square feet each), and an automatic teller machine sign 0 0 square feet). Staff Comments/Proposed Conditions: Albertsons fronts on two major thoroughfares and, therefore, is allowed a double sign allocation. The signs oriented to Belcher Rd. conform to code. The signs oriented to Gulf to Bay Blvd., however, do not. The area of attached signs oriented to Gulf to Bay Blvd. is 256.3 square feet. This is 192.3 square feet greater than the 64 square feet permitted by code, or four times the code allowance. Also, there are four wall signs, which is one more than permitted. The applicant contends the variances to allow the existing signs to remain are warranted because the Amoco station and Allied Tire store obstruct the view of Albertsons from westbound traffic on Gulf to Bay Blvd. The applicant further contends the variances are warranted because the building is 240 feet from Gulf to Bay Blvd. The location of the Amoco station and Allied Tire store its not a special circumstance upon which to base variance approval. Many signs around the City are partially obstructed from view due to the existence of trees, buildings, and other signs. Furthermore, the Albertsons sign, which is located in the middle of the building, is sufficiently west of the Amoco station to provide a reasonably good viewing angle. The viewing angle for westbound traffic is better than 45 degrees. Also, enlarging a sign that is obstructed from view does not address or resolve the condition. Only removing the obstruction or relocating the sign will correct the condition. The 240 foot setback from the street right of way is a condition that creates a need for an increased sign area, but not to the extent requested by the applicant. The code normally provides for a 75% increase where a sign is located 200 to 300 feet from a street right of way. However, Albertsons is not availed of this increase on the Gulf to Bay Blvd. frontage. This is because the code specifies that the increase be applied only to the area which remains following subtraction of the area of the secondary signs from the maximum area allowed in the zone. In the case of Albertsons, the area of the secondary signs is 110.8 square feet and the maximum area in the General Commercial zone is 64 square feet. The remainder is less than zero and, consequently, no increase can be applied. Staff has prepared a draft code amendment to eliminate the subtraction of secondary signs. If adopted, Albertsons would be allowed a 75% increase to the otherwise allowable 64 square feet, for a total of 112 square feet. Staff recommends that Albertsons be availed of this increase, anticipating adoption of an amending ordinance. SV 95-40 Page 3 In conclusion, based upon the proposed code change that would allow 112 square feet of sign area, staff recommends approval of an area variance of 48 square feet. Beyond that, however, there are no special circumstances upon which to grant additional sign area or allow more wall signs than the code permits. SURROUNDING LAND USES Direction Existing Land Uses North Post office and business offices South Mobile home park East Gas station and indoor retail sales West K-Mart Four wall signs with a total area of 256.3 square feet is not in character with other signs permitted along Gulf to Bay Blvd. or other properties in this zone. Granting the requested variances will detract from businesses and properties that have conforming signs and will adversely affect the appearance of the City. Applicable Variance Standards: To be eligible for a variance, a request must moet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the petitioner's request does not meet all of the standards. In particular, the following standards do not appear to be fully met: (1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. (2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. (3) The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. (4) The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. SV 95-40 Page 4 Relevant Provious Decisions-by the Commission: ATTACHED SIGN AREA CASE # ADDRESS NAME VARIANCES MEETING REQUESTED/ACTION DATE SV 92-19 27001 U.S. 19 J.C. Penney 329 sq. ft./Denied 10/15/92 Co. SV 92-42 714 Cleveland St. Trickel 70 sq. ft./Approved 2/9/93 Jewelers SV 93-73 2200 Guif to Bay Goodyear 136 sq. ft./Denied 11/9/93 Auto SV 93-37 20505 U.S. 19 Burdines 185/185 s q. ft./Denied 1/24/94 SV 93-49 1420 S. Missouri Good 22.6 sq. ft./Approved 2/7/94 Rentals SV 93-106 704 Court St. Workbench 7.9 s q. ft./Approved 3/21/94 SV 93-39 20505 U.S. 19 Dillard's 21.26 s . ft./Approved 4/19/94 SV 92-90 423 East Shore Olympia 51.6 sq. ft./Denied 4/27/94 Motel SV 93-65 24791 & 24826 Ken Marks 128 sq. ft./Approved 6/16/94 U.S. 19 Ford SV 94-26 110 Island Way Island 8.8 sq. ft./Approved 8/4/94 Estates Real SV 94-35 2907 S.R. 590 Johnny's 8 sq. ft./Approved 11/3/94 Italian Restaurant SV 95-14 675 S. Gulfview Continental 10 sq. ft./Approved 3/16/95 Towers SV 95-20 387 Mandalay Lappert's 4.8 sq. ft./Approved 4/20195 Ave. Ice Cream SV 95-17 2495 Gulf to Bay Builder's 102.25 sq. ft./Approved 5/4/95 Square SV 95-32 1803 Sunset Pt. Majik 28.4 sq. ft./Denied 7/20/95 Rd. Market 16 s q. ft./Approved SV 93-68 25749 U.S. 19 Savings of 37 sq. ft./Approved 8/3/95 America SV 95-31 387-1/2 Mandalay Wedgwood 11.5 sq. ft./Approved 8/17/95 Ave. House Estate Jewelers SV 95-40 Page 5 NUMBER OF ATTACHED SIGNS CASE # ADDRESS NAME VARIANCES MEETING REQUESTED/ACTION DATE SV 93-07 801 Phil!ies Jack Russell 1 wall sign/Approved 1119193 Dr. Stadium SV 93-78 1200 Missouri JC Penney 1 wall sign/Approved 217194 Ave. SV 93-60 603 Missouri Clearwater 4 attached signs/Denied 3121194 Ave. Outboard SV 93-93 2126 Drew Mac's Sports 1 attached sign/Denied 4119194 St. SV 93-87 830 Court St. R.J. Automotive 1 wall sign/Denied 4119/94 SV 95-11 249 Clearwator 2 wall signs/Approved 312!95 Windward Marine Science Passage Center SV 95-09 1520 Musicana Dinner 4 window 3116/95 McMullen Theatre signs/Approved Booth Rd. SV 95-23 467 Mandalay Eckerd Drugs 2 wall signs/Approved 4120195 Ave. SV 95-31 387-112 Wedgwood 7 attached 8/17/95 Mandalay House Estate signs/Approved Ave. Jewelers 5 window si ns1A roved VARIANCE WORKSHEET - CASE NUMBER SV 95-40 ff^FR ARD6 FOR VArfi MCE APPMVAL 11) There are spacial circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the lend or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings In the applicable zoning district. (2) The sttlot application of the provtslons of the code would deprive the applicant of the reasonable use of the land or buildings. 131 The variance Is not based exclusively upon the desire for econondc of other matsttal gain by the applicant or owner, (4) The granting of the variance will be In harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially Injurious to surrounding properties or otherwise detrimental to the public welfare. STAFF FDKKM= Albertsons fronts on two major thoroughfares and, therefore, Is allowed a double sign allocation. The signs oriented to Belcher Rd. conform to code. The signs oriented to Gulf to Bay Blvd., however. do not. The area of attached signs oriented to Gulf to Bay Blvd. Is 250.3 square foot. This is 152.3 square feet greater than the 64 square feet permitted by code, or four times the code allowance. Also, there are four wall signs, which Is one more than permitted. The applicant contends the variances to allow the existing signs to remain ere warranted because the Amoco station and Allied Tire store obstruct the view of Albertsons from westbound traffic on Gulf to Bay Blvd. The applicant further contends the vartanooe two warranted because the building is 240 feet from Gulf to Bay Blvd. The location of the Aniocc station and Allied Tire store Is not a special circumstance upon which to base variance approval. Many signs around the City are partially obstructed from view due to the existence of trees, buildings, and other signs. Furthermore, the Albertsons sign, which Is boated In the middle of the building, 6 sufficiently west of the Amoco station to provide a reasonably good viewing angle. The viewing angle for westbound traffic Is better than 45 degrees. Also, enlarging a sign that Is obstructed from view does not address or resolve the condition. Only removing the obstruction or relocating the sign will correct the condition. The 240 foot setback from the street tight of way Is a condition that creates a need for an Increased sign area, but not to the extent requested by the applicant. The code normally provides for a 76% Increase where a sign Is located 200 to 300 feet from a street tight at way. However, Albertsons Is not availed of this Increase on the Gulf to Bay Blvd. frontage. This Is because the code specifics that the Increase be applied only to the eras whloh remains following subtraction of the area of the secondary signs from the maximum eras allowed in the zone. In the case of Albertsons, the area of the secondary signs Is 110.8 square feat and the maximum area In the General Commercial :one is 84 square fast. The remainder Is lass than zero and, oonoequently, no Increase can be applied. Staff has prepared e draft code amendment to eliminate the subtraction of secondary signs. if adopted, Albertsons would be allowed e 76% Increase to the otherwise alloweble 64 square fact, for a total of 112 equeto feat. Staff recommends that Albertsons be availed of this Increase, anticipating adoption of an emending ordinance. In conclusion, based upon the proposed code change that would allow 112 square feet of sign area, staff recommends approval of an area vatlanoe of 48 square toot. Beyond that, however, there are no special circumstances upon which to grant additional sign area or allow more well signs than the code permits. No more than three wall lions oriented to Gulf to Bay Blvd. with a maximum area of 112 square feat would provide for a reasonable use of this land. Absent any conditions unique to this property, It appears that the variances are based primarily upon a davits of the applicant to secure a granter financial return from the property. The sign regulations were adopted with the Intent of enhancing the visual quality of the City's streets and landscape in order to protect the value of properties and the well-being of the local tourist oriented economy. Granting the requested variances appears to be In violation of this intent. S f CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 SIGN VARIANCE APPLICATION PROPERTY OWNERIS) NAME & ADDRESS: REPRESENTATIVEiS) (if arty) NAME & ADDRESS: Alivrtsgm 1 Mill I). Mi ) Ier 250 Parke inter Batlemmi cln lbe ,S iii Works Tnc Boise, Idaho 83726 P.O. $au 233 St. Peters FL 33731 TELIrPHONE: 407 661,4500 TELEPHONE: j813 1 823-3400 ADDRESS OF SUBJECT PROPERTY:. 2170 Qj1 F to Bw Ilhvi NAME OF BUSINESS [IF APPLICABLE): Allrrtsuw #4301 ZONING DISTRICT: (1,' LAND USE CLASSIFICATION: (Y: LAND AREA: 5.2-3 &- ia.?Lj •..._ . LEGAL DESCRIPTION OF SUBJECT PROPERTY; ?5 L,_,13- _]' ,LLU -1A1.(L PARCEL NUMBER: 13 / 29 1 15 1 (OM 1 1110 1 05Q4_ . (This information i.. available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464.3207. If more than one pamui number, attach 934 x 1 I inch shunt) DESCRIBE SURROUNDING USES OF PROPERTY: North: Fbst Office and Office East: GEis wade] " YU12M Retfy, 2 .? South: M lAk Ilore Punic West: K41rrt ??VARIANCEIS)lel G' N( 2 -lt'- 1) A vud rre of bgmm feet to Exemti.t feet of atta r] sim-we to rximin A VARI?NCg OF I WAla. 616rN Ta PC-RMIT =At-L- SIC7NS 7-0 915MAIN - -- CONTINUED ON REVERSE SIDE T/WDARDS FOR APPROVAL- A variance ehali not be granted by the City Commission unless the application and evidencu 'issn1&d dwAy support the following conclusions: •?. There or* special circumstances related to the particular physical surroundings, shape or topographical conditions- appUcabie to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district because a) A 240 foot sat bock fain WU to gay - b) a rero set beck of the b.iild' -, - visibility of the Albertsons store sc-e attach for am-e details. The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or bulldings becauss,'Lq §bJZ?n---tom - iWIS MY er tr?u7 trley_ ttf t.r;11 If1 qQ 5bjJ1k t r n rll lp dicta ce and day Albertsazs a reava-ab e ability to be sew both North wd West bard traffic. The variance is not based exclusively upon a dusiro for economic or other material grain by tho applicant or owner ber wse The Renerufs set heck of 240' faze Calf to Bay, b) the A=o senike station blacks the view of Alb=tsals, c) ear the ? build=, d the --±tLiqM - of the Pole sim to 64 U= t e the of the le s' to 20' foot overall b2jEht are all real ljysical t b_i s' z Ir-1ps bake Albertsons mxe visible rather than pRmate e== or materials Ril The granting of the variance will be in harmony with the general purpose and Intent of the land development code and ecomprehenslva plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare because Tm vmillme grwt will Penmt less then 5/, usage of the front Mace Albert9ois is rrtmtirg every other re4jest by the cz - a) ti-h East b-d1dirg face meets d-e is b} are not pla-^rg. a sign an Belcher Uhlrh present code allowes - c) they are ftirkirg the pole sign from 90 to 64 bqwe -- feet and d) they are laAerirg the pole sift from 24' to 20' overall 1eig1t -1lS SUBMISSIDN GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE TY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACT10N. BY GNING THIS DOCUMENT I AM ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL 'OF THIS QPLICATIOIII. ,MATURE OF PROPERTY OWNER (OR REPRESENTATIVE): ! v r "???cnv 4'?S {4w poehlon " name of oompww N &p04-abW +vam to and subscribed before me this day of A. D., 19 _ who is personally known to me a }or has produced as identification. STATE OF FLORIDA, COUNTY OF Juuy Public Commission No. ROEViTA a. Kla.AM Notary public, Sty a ci Fk)6ft Alit oomm. expiros Jeri. of 1968 No. =37219 an-w of-Notery typed, printed or stamped) NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. fA# Albertsons"' August 8, 1995 City of Clearwater c/o Sign Works, Inc. P.O. Box 233 St. Petersburg, FL 33731 Attn: Steve Samoff RE: #4301 - "Guff-to-Bay & Belcher" 2170 Gulf-to-Bay Clearwater, F'L Dear Mr. Sarnoff: Albertson's, Inc. hereby grants authorization to Sign Works, Inc. to make application on its behalf for acquisition of (1) those permits necessary for the installationiconstruction of exterior signage at the above Albertson's store location and (ii) a sign variance for the existing signs attached to the Albertson's building at.the above-referenced location. This authorization shall automatically terminate upon the expiration of 120 days from the date hereof. Very truly yours, ALBERTSON'S, INC. David R. Wilcox Vice President, Architecture and Engineering DRW/RC/rm 430tsARN.00C cc: Roger Collins Ralph Yarbrough - #4300 State of Idaho ) County of Ada ) SUBSCRIBED AND SWORN to before m e on this 4` day of , 1995. Ila# A. jj N 9.0904164"'. Coll Notary Public in and a the State of aho ?,,OTAR1; • Idaho Residing at * •-- ; * G ` ` x' My commission expires,. -..P- ?- qS ? ; UBL1 • • •, Wy 2?? •....•• 1? ?.? •,< 0 F <0 14Fretr ALBERTSON'S. INC. / GENERAL OFFICES 1250 PARKCENTEA BLVD. 1 BOX 201 BOISE, IDAHO 837261206.385.6200 r'IN?LLAS COUNTY CONSTRUCTIO14 Attachment APPOINTMENT OF QUALIFIER ucnNUlroraArts At a meeting of The Sign Works Inc. , hold on the day of INama W Mu¦rn¦aa D,uam,a,runl 19 ., Curtis Jaines Miller was legally appointed as Ine IN¦m¦ or Ouar,fyq quallller to act for the business organization in matters connected with its contracting business, and given authority to supervise construction undurtaken by thu businuyy orgunizution, ?b?.r r ?/?t. Cif ' ? ? ' •! ,_r t ?i / T, Ca?_4 a of QnicesIPartner i Tru,a. r ? ,. , Sryurlur¦ulOnicu /fhrlmrrTluNa¦ , vt. IDC'? AS l,na or v1cr w 4.1 Cl 47 L7 0 ILf "'. ..] .J "' ?/ f ?- U l?un W Un?c¦? ' ? C State of ??la+"? f! tl, Co l unty o Sworn and subscribed to bulorin me this day of ____. _ r 19 L?r My commission expifus: ;h tr. LYNN Nnlury .Slnln of Flurldu J t 'r'CE C. LYNN Stale of Flora, ( - " /L My Com u• Nov, 17, 1998 C421324 oc rrits Nov.17, 1991r ;421320 ACCEPTANCE OF APPOINTMENT 1 , Curtis James M i l l e r huruby accept appoinifnvni us lhu contructor of rucord for thu The 5 i Kt1 Works, ? _I 11C. luuan ebb V,yanua6ui,l and assume the rtniponwbilitiess for Ihu business organiwliors and Its unlployeu:; as uutllnad in Chapter 489, Florlua Stalulu, and Chapter 75-489, taws of Florida. I represent that I will actively supervise all work contracted and/or permitted by authority or my competency card or registration and will otherwise lake an active role in the operations of this business, I will promptly notily the Pinellas Ccunty Construction Licensing, Board it t tend my affiliation with this '? busine organ r_ ?e ^. '?,.,?- ! ? .:?...1, '.,:;..L ?[..1?.. •_______.,_ State of County of rr? Sworn and subscribed to belore me this v- day of 1.2 r7qILI_... - G. uI ca¦w? w 4499n441-un Numurl My commission JANICE C, LYNN Wulury Public, Stale of Flurkln Mycuinm u0i us Nov, 17. 1 We No CC421= 19rv'ja- .j f ' NuWr, Mu6u? r 0-4Si1JU¦¦, it. tr 0 N AN s i , y li III r t,O 6 d ? y N z ?• L . s Li V) Ln ? w V i 4 { ? N I it 41 Co ? 11 ` 4. ?i I ? .. . lM •. I . t t I I? (t . t ?i 1 I }......W • ;. ? , t I I i ( 1 • i 1 • I '? 1 t 1 i 1 0 . ........n:,F... w . . . ¦ t LL. 0 Cl) Cl) C7 Q CD I C/) C\l H a i LL d 0 L!) N ui ZU) C7 co Q ix z ' w i ' r ? I I , 1 I r i I i . N' "IT ?r 1 I , s s i + ' I t I II fl Il ' '... r A l? I ?I I y ? i ?l I? i • r n op L w Sign is set back 5' from property lin f y? '• ~ f I 'Q / 1 ? , It p . s. Y?lr L y88' I ? I ? 19 Yi ? ? 1B ?? I ` 1 ! 17 zo ?i ;--22-7 14/02 1 205 14/01 23/06 • I P/ s P 23/07 o 2 RAINpOW l]RIWE ti b ? z7G':'• ' ? :?. E SHORT & SHO ! I ?' 'r f 14/04 87--81 10-1 ; `• r ?':,23f10 `'?E ..., F-F. T. S. R ! = 87-17 so, r 14/07 R r ` o r - r N i ? '`? r J1JJI R ¦???r n a .5.. ... .1.? = - w ! rN. 7 •••i S d m I N S'+ 14/03 i 14/05 W 7VS 3I - _ r pp 1 G ? 50 14/06 ' 14/032 I o o ? 23 1 23/33 o t i N ti a ly a 60 150 V w N BLVD - - GULF TO BAY BLVD 1 Q - - - ` ?'• a kgk-i232 5672-642 101 7 ' N 41 /0 103 e - (5021 2 4104 •oz eat 32/04 } I4Qt rn / , 501 soz arr 41/02 107 503 so4 saJ 404 303 304 203 2341 103 9 2091109 109 505 504 405 4061305 304 205 ars 211 1 710 111 547 II r 50B 1 407 409 ? 307 309 207 10 2t3 rv 713 509 tr; 510 &09 410 309 310 204 It l? '1 GULF T0 - J12 211 1 +.? 11 W 115 511 512 1477 412 311 i 1 w, PLAZA 525 114 1i7 51J 514 ?7J 414 374 31J `213 i 29 12 I M 1 F J d 179 515 516 1 <15 41fi 375 3 6 ^.15 1 i I Q 32/05 SIGN VARIANCE REQUEST NAME: ALBERTSONS / MILLER SV 4 95-40 PUBLIC HEARING DATE : OCTOBER 5, 1995 ATLAS PAGE: 289B SEC: 13 TWP: 29 S RGE: 15 E CLEARWATER CITY COMMISSION l ? .?" txr7 k „ A .17 v? C' ? L C pl-- y? N Z F" ? U o ? ? W ? A cd ? GQ y o ? a? C7 ? ? o o W ? ?U y 1 C) 4-4 .9-4 w a a O d? .N CA a a? a? . 4 a) a? a? os 1"'s 9b 9b . r„4 ' r=14 Cf) a.) 9 03 C) a a o a? 0 . 1-. 0 0 imi Ln M (1) Cd (1) 4) CC3 CCf as U c/a O 0 0 46 c U rrs 0 ? z o ? c U c 4) Q 4 Aa 0 L? 0 Cn CCU w CC3 N E Q.} O ? „ o o ? Cd C o tv Lo 4-j cn a? (A E o ? a? oA n? v CCU ?" c? 4-j cn 0 oU v 0 Cl v? 0 y U 4 Q ? t bA n r? as T V 1 ? U V O ^^,, cd a] ,?d 0 V d.) 4-4 c? U b?A 0 O cu u 0 co in. U U a 0 U a? a? rt? JSi Y: ,r r+-I} rfl O U U Q] -? o U U rn 4? O c ?A v? O O U -t.! VI rJ') tI? ? V co r? . . r w CLI ? Z.r T V 1 ?' U 4-. O O C13 -s ? v cu v a U o C7 v? ¦ . 4D O 0 a? a? 0 A!? CC3 0 O M C? 0 an +-? cn 9b El j- a? cd • e • F ¦. o a? cd o ? a? W ? a cn . W u • cd cu a? o a N Cd kn O N N ? ? <U cu E 1 5,,,4¢„ ? e.... . Cd C3 n arm-( v 3, v bA 0 0 e Cd OCT-04-1995 15110 FROM PLA14NING & DEVELOPMENT TO CITY CLERK P.01 t 1 JOHNSON, BLAKELY, POPE, BOKOR, RUPPEL & BUR .? PS, P.A. ATTORNEYS AND COUN33LLOXS AT LAW REEF GMA KENSCN ALF01lt1 TLUADM F, DANW ROM A LAMN =N0 (7, ILUPPAV IL 0 AtU 37AMM U2 WA 8 tX)VA 101W R. UVAXW. X" CHARLES A, &WAMOn ZiRUr t %u. VARNTS wAvnN I.&u MiCKAIL M LIME 3umm & S[:FI/4MR jcwN T *LAMY AMU W.IRUA%N WKCHAIL C. MAftMV >rMTP Ik EIiA3TUN DRUM M SOXOR S'JOrP7 C ILOENFMZ aTBpFUv`IQ T. M/IRQIJAFWT CKA=5 M TATMALN. 0UYM lat m FX&N%IL1ASMs nnvsnxOT7<ti'48R JOANM VECt'IiIOLI WCHAELT. VRllXW TIYlCPAY A.:0 N30V' nL P. WALLACE PCM M A.%M NY A, ZINOR DOMAA CIA=lt RfVUtONE.K1i1CK DARRY,.R.l;IMAMS AMIUSIZSCHAV ? 'QFCOl1l38&?. KXASR My TO 13AAAWATER rjaw. 35286.91381 October 4, 1995 Clearwater City Commission c/o Mr. Scott Shuford City Mall Annex 10 South Missouri Avenue Clearwater, Florida *16 Re: Sign Variance Applicatlon Submitted by The Pep Boys - Manny, Moe & Jack (SV 9541) 5 Ladies and Gentlemen: On behalf of th6 applicant, we hdreby withdraw the referenced request for a sign variance, The "pennants" which created the need for the variance will be either covered or removed from the storefront.; Accordingly, please remove this matter from the agenda of the October 5th City Commission meeting. Very trul you , !I i TAJlslh cc: Mr, Michael Yorio Ms. Cynthia Cqudeau, City Clerk, CLIIAAC?nTtt?OFFlI:wt 'It CNRd7M5TRXTr roSromcn o" 1W MWAAWATER.FLOu=A 34617.1)44 lywrmoft(vu) 411.111! TCNICOMIX01n ?1.?117 Johnson, Jr. TAMM RTPICr, tg4N0VHTAMPAsal>, i LIM 1100 Po1M oertcs b" 1190 TAkR+A. FL0=A "M 161104 ULRP40N9(0t$) U Wl00 'IF W0XKR¢IM1*-'11!# TOTAL P.01 1a? a .? Item # Clearwater City Commission Meeting Dote: C Agenda Cover Memorandum lr1 a S ?? ' SUBJECT: Variance to the Sign Regulations; 1721 Gulf to Bay Blvd.; The Pop Boys - Manny, Moe & Jack/Pep Boys Automotive Supercenter (Owner/Applicant); Timothy A. Johnson, Jr., Esquire (Representative). (SV 95-41) RECOMMENDATION/MOTION: Approve an area variance of 15 square feet from the permitted 64 square feet to allow attached signs with a total area of 79 square feet, on property identified as part of Tract "A," a replat of Block D of Suburb Beautiful, for meeting Sec. 45.24 Standards for Approval, items (1)-(4). ? and that the appropriate officials be authorized to execute some. BACKGROUND: The applicant is requesting an area variance of 15 square feet from the permitted 64 square feet to allow attached signs with a total area of 79 square feet. The subject property is located on the southwest corner of Gulf to Bay Blvd. and Plumosa Ave., and is in the General Commercial zoning district. The variance is requested to permit the existing attached signs to remain. Pertinent summary information is listed in the following table. Reviewed by: originating Dept: Costs: S N/A Commission Action: Legal N/A CENTRAL P 1 TTING Total © Approved Budget N/A Purchasing N/A T 7 S ? Approved w/conditions Risk Mgmt. N/A User Dept: Current Fiscal Yr. © Denied CIS N/A ? Continued to: ACM Funding source: CRT ? capital Imp. Advertised. © Operating Attachments: Date: ? other APPLICATION / Paper: Tampa Tribune VARIANCE WORKSHEET ? d MAPS Not Require Sutmitt: Affected Parties E3 Hone &0A ( ? ® cl ot i f i ed Appropriation code-. D Not Required City Manager 0 Printed on recycled paper SV 95-41 Page 2 Information F Existing Permitted Type of signs Attached Yes Location/orientation of signs Gulf to Bay Blvd. Yes Area 79 sq. ft. 64 sq. ft. $a f Commen s Pro osed Conditions: This property, like most properties on Gulf to Bay Blvd., is zoned General Commercial. Under General Commercial zoning, up to 64 square feet of signs may be affixed to the building. Pep Boys has 79 square feet of attached signs. By way of background, the applicant secured sign permits from the City on the basis of drawings that showed the lettering only. Upon installation, however, City inspectors found that triangular "pennants" associated with the corporate logo were installed over two of the signs. The placement of the pennants caused the business to exceed the attached sign area allowance by 15 square feet. It is staff's position special circumstances exist which support approval of this variance. The 15 square foot variance requested is a 23 percent departure from the code. Given the negligible effect of the pennants on the aesthetics of the City, this can be considered a minimum variance. Strict enforcement of the code in this case would impose a hardship upon the applicant greater than the benefit derived by the public. SURROUNDING LAND USES Direction Existing Land Uses North Vehicle sales South Offices East Retail complex West Convenience store The existence of attached signs with an area of 79 square feet will not detract from other businesses that have conforming signs. Approval of this variance will not adversely affect the appearance of the City. SV 95-41 Page 3 Applicable Variance Standards: To be eligible for a variance, a request must meet all four standards for variance approval. Based upon review and analysis of the information contained in the application, staff finds that the petitioner's request meets all of the standards. In particular, the following standards do appear to be fully met: (1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district. (2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. (3) The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. (4) The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare. ar SV 95-41 Page 4 Relevant Previous Decisions by the Commission: ATTACHED SIGN AREA CASE # ADDRESS NAME VARIANCES MEETING REQUESTED/ACTION DATE SV 92-19 27001 U.S. 19 J.C. Penney 329 sq. ft./Denied 10/15/92 Co. SV 92-42 714 Cleveland St. Trickel 70 sq. ft./Approved 219193 Jewelers SV 93-73 2200 Gulf to Bay Goodyear 136 sq. ft./Denied 1119193 Auto SV 93-37 20505 U.S. 19 Burdines 185/185 s q. ft./Denied 1124/94 SV 93.96 1499 Gulf to Bay Barnett 43.5149.5 sq. ft./Approved 1124194 Bank SV 93-14 1463 Gulf to Bay Curtis Bros. 156 sq. ft./Denied 217194 Furniture SV 93-111 2516 Sunset Pt. Sunset Pt. 44 sq. ft./Denied 3121194 Wine & Liquor SV 93-39 20505 U.S. 19 Dillard's 21.26 s q. ft./Approved 4119194 SV 92-90 423 East Shore Olympia 51.6 sq. ft./Denied 4127194 Motel SV 94-26 110 Island Way Island 8.8 sq. ft./Approved 814194 Estates Real SV 94-35 2907 S.R. 590 Johnny's 8 sq. ft./Approved 11/3/94 Italian Restaurant SV 95-14 675 S. Gulfview Continental 10 sq. ft./Approved 3/16/95 Towers SV 95-20 387 Mandalay Lappert's 4.8 sq. ft./Approved 4/20195 Ave. Ice Cream SV 95-17 2495 Gulf to Bay Builder's 102.25 sq. ft./Approved 514195 S uare SV 95-32 1801 Sunset Pt. Majik 28.4 sq. ft./Denied 7120195 Rd. Market 16 s q. ft./A roved SV 95-31 387-112 Mandalay Wedgwood 11.5 sq. ft./Approved 8/17195 Ave. House Estate Jewelers VARIANCE WORKSHEET - CASE NUMBER SV 95-41 II(TAfUMMS FOR YllMMC13 ANMVAL WrAFF F1N131dM (1) There are special circumstances related to the particular This property, Ilk* most properties on Gulf to Say Blvd., le physical surroundings, shape or topographical conditions zoned General Commercial. Under General Commercial applicable to the land or buildings, and such circumstances zoning, up to 04 square feet of signs may be affixed to the are peculiar to such land or buildings and do not apply building. Pep Boys has 70 square feet of attached signs. By generally to the land or buildings In the applicable zoning way of background, the applicant secured sign permits from district. the City on the basis of drawings that showed the lettering only, Upon Installation, however, City Inspectors found that triangular "pennants" associated with the corporate logo wave Installed over two of the signs. The placement of the pennants caused the business to exceed the attached sign area allowance by 15 square feet. It to staff's position special circumstances exist which support approval of this variance. The 15 square foot variance requested Is a 23 percent departure from the code. Given the negligible effect of the pennants on the aesthetics of the City, this can be considered a minimum variance. Strict enforcement of the code In this case would Impose a hardship upon the applicant greater than the benefit derived by the public. 12) The strict application of the provisions of the code would Strict enforcement of the code in this case would Impose at deprive the applicant of the reasonable use of the lend or hardship upon the applicant greater then the benefit derived buildings. by the public. 13) The variance Is not based exclusively upon the desire for The variance request appears to satisfy this condition. economic or other material gain by the applicant or owner. 141 The granting of the variance will be In harmony with the The sign regulations were adopted with the Intent of general purpose and Intent of the land development code and enhancing the visual quality of the City's streeta and comprehensive plan and will not be materially injurious to landscape In order to protect the value of properties and the surrounding properties or otherwise detrimental to the public well-being of the local tourist oriented economy. The welfare. granting of this variance appears to be consistent with this Intent. sv# 95-1111 CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 2137 IN $•4-q5 SIGN VARIANCE APPLICATION PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (it any) NAME & ADDRESS: UHE YEP BOYS -- MANNY, MOE & JACK, Ij!VnnnCil-,r1njy rnrPnrzr3nn 3111 West Alleghear- Avenue ?hiladelphia, PA 19132 Timothy A. Johnson, Jr., Esquire Johnson, Blakely, et al. P . 0 . Box 1368 -- -- - -- - Clearwater, FL 34617-1368 TELEPHONE: 1.2,.151 727-95y9 TELEPHONE: 1 8131 461-,1818 -- ? .^ ADDRESS OF SUBJECT PROPERTY: NAME OF BUSINESS (IF APPLICABLE): _pep Bayer Ant-nmnti%zP 511pe- LeutP- ZONING DISTRICT: CG LAND USE CLASSIFICATION: Commercial LAND AREA: 2-49 acres LEGAL DESCRIPTION OF SUBJECT PROPERTY:rze, PNL bir "ell atracbQ - 1' Ar-Qt° A44a !'^GGrp^. ntgil berei n . PARCEL NUMBER: 14 1 ?22 ! _1„ 1.$5968 / nnn / {}Ol n (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464-3207, If more than one parcel number, attach 8'/2 x i 1 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: 1VV uls.te? "r sales and 6W-R446 North: South: Town Center - Offices East: Motel West; Duncan Avenue and convenience store gas station VARIANCE(S) REQUEST: i 79.00 square feet where 64 square feet is allowed in accordance with Section 44.51(4)(e)2.a. of the .Code.. CONTINUED ON REVERSE SIDE .-?-. . . . STANDARDS FOR APPROVAL: A variance shell not be granted by tits City Commission unless the application and evidence presented clearly support the following conclusions: 1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district because See F.xhthJr "13" rarhuri hArPrn and incorporated herein. 2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings because See Exhibit "E" .fir2cb- i 14^r_gt;P and -- - incorporated herein. 3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner because See Exhibit "B" attached hereto and incorporated herein. 4) The granting of the variance will be in harmony with the general purpose and intent of ilia land development code end comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare because incorporated he THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND APPEAR BEFORE THE CITY COMMISSION AT A PUBLIC HEARING. FEES PAID ARE NON-REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMENT, I AM ACKNOWLEDGING THAT ALL FEES PAID- DO NOT GUARANTEE LAPPROVAL OF THIS APPLICATION. /7 SIGNATURE OF PROPERTY OWNER (OR REPRESENTATIVE): linotudw powtn •nd 6e i?'Fi}'PompMnY it npplioable) thy A. Johnson, Jr. Sworn to and subscribed before me this 2406- day of Auptist A.D., 19 g 5 by Timothy A. Johnson. Jr. , who is personally known to me ?Rf# P.{x xR 4l c xesHdtscstsficm# n: STATE OF FLORIDA, COUNTY OF p1Nr•.1.1.nS Commission No, CG' 30 f$!/ N 17-i4yn/E E. 5L/T PeS (Name of Notary typed, printed or stamped) JAYNE E. SEARS MY COWAISSION I CC307811 EXPIRES Seplambcr 2, 19417 IwN uo I WSJ m r., rAW VSU WCC, INC. NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. .... EXHIBIT "B" 1) There are special circumstances related to the particular physical surroundings, shape or topographical conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do not apply generally to the land or buildings in the applicable zoning district because: Pep Boys chose this site as a central location in order to introduce its business to Clearwater. It demolished an existing restaurant which was in disrepair and obtained a conditional use for vehicle service, automobile repair and service. Had the applicant located in a Highway Commercial zone, it would be allowed a total of 150 square feet of wall signs. 2) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings because: The dual nature -of the applicant's business requires that each building entrance, auto parts sales and repair service, be clearly designated for customers. 3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner because: At the time of construction, it was the applicant's intent to comply with the Code, Although this sign design is standard for other Pep Boys stores, the sign manufacturer was instructed by the applicant not to construct the "pennants" on the wall signs in order that the wall signs not exceed Code limits. However, the signs were improperly manufactured and placed on the applicant's customized awning. 4) The granting of the variance will be in harmony with the general purpose and intent of the land development code and comprehensive plan and will not be materially injurious to surrounding properties or otherwise detrimental to the public welfare because: The building is located approximately 80 feet from Gulf to Bay Boulevard and the signs are not excessive in relation to the size of the building. 0076245.01 rjs JLJL? i --9? "f HU 9 ?0 GULF COAL, T I GMS ? PEA Model P61.78 with Fannarlt Model 133 N 15`-11" . B 1?s 0) 'R111W 101-10" C7 I-all 1AWN AUTO PAL) APL Model 8.5 with Pennant Model 21.5 F7 .. G3 s 6] 39,8 sq. ft. 19.6 sq. ft. 6f ? p,11 CO 19.6 sq. ft. r & SEA)VICit -f.1k ES Model T5i.11 Wtth Pennant Model 21.5 Total Sq. Ft. for 3 Wall Signs 79 sq. ft. Tny y an orrCnd unoublyn.d d/ewhq, o+oalad b? Eau COATI 9qn Aarenrlnq Ca„ Ina, 11 to audnnsbd for ypyr Oa:lutsrr• time, in tonnocPOn wIW a P101091 bwng punnod for you by Clot Coast 51V Aarorusnq "JAm. 11 Is not to to ShOwn 10 anyW@ 5058 Awp 13 No11h 61 PA TPwP wus.? your Osvol:atmn, nw 18 It 10 by 0" 9ffi?, PA 19007 wi npa f lna Wlo0arly a East G Ill aeu &D" nn. Trim '.(2151781-8500 FaX (215178'1.0400 ACVDM nQ CQJW. pror•a rramr. PEP 5OY5 - - 17 Februo 1995 Prol+a locak.on: 9ear.: ..••?.?. Claorwazar. L A9 Nrned Prq?ur+o. 1674.95 gal GZ r1 %j w : J k- U t-- f= C 0 h1 I F=1 _ to 2 G g ?I t S C t R+lt la an InSh in?utxt+++ra draw M;. a<aam by 1'rgom hum.: P_ p 5c)y C L :.air Dea..n 17 F-GbruA1 a„Ina, Ir au7MI HOO .aw CSw11 S nAg"niaY1a d'a-m Or for your saaluawo YM. in wnnocvan wm r pro" ' LOH Aon; ptvw Ioryou try QV C"81 sign A: voMsM Cc,Jnc.. It 161141 lot* gown Io Anyon* 4c?nUOn. SCAB/ 5058 Route 13 North at PA TgKG cuuioo your aI;An=um nor It it to be used. p 'ort.This ng 4 1 ? .? l a n is ?IcArwptee.', C? Ae Narcd s . PA 18007 1 1w+ +n pro mC a "MythEE G 6AsW P+'"c"49: *74-55 snroi no.. CS !. (215)781.8500 Fax (215}781.0.00 Acmusing co..lnc, 199!i ¦r-?I 3DS 408 309 u ?. 3da I 509 sod : 1 3 6 y 3 3 310 , q ft. +-102• 399 Sri 1 4Or A +DO 371 kkk 310 - .00D tOr I ' 4 Jr +O. 4 ? a ' 40 3 ?OZ 403 402 '0 U1 404 14/10 1-:/lt N X04 app 14/16 td/17 •07 •d6 j07 4D6 ii t 3/D = t 13/45 t 4/t2 406 408 14/19 ? +2 ' t1d '•r 14/1& p ?S p I1/ b a 4 A GLtLF T r. BAY SLW h h b N fSW z. so T7 C7 i"] h A A t (I 4 Y VS V4 Y?j V) W t. A r.: h ? = n A I? ? z F y SUBUR BEAUIvul 2 , - PLAT- 517 d 513 SJ2 511 Sf'J E II 0 HAY i w = 5r5 0 5/; ,1. ?1? 5rE 8 z 19-100 5ro , i -- 520 3a 617 'PING C ER L 52S } j , 52 1G •- nm mmm U r r z Sir Lu '"" 526 2 S25 }? a w we < t I.; 52a 1 y s?o' TOWN CENTER say t 7 16 as 1 5?? CONDO .. 538 U, 53b 1 R _`5? [? j 1 F ! 526 628 Q ?v 0 SSi Z 1? 53F, III 530 33? Sir SOU 20 1 R[sTiT?CT 73-5 ., s +s ? = 142 ?? z? y.. 2 7-A- 2C 20 TURNER STREET 600 i 5 Gd1 aDS F i c 6d0 n 60r c d n h ? {Q &02 } Q ---7aaa sp` n1 .? 60-c ` 33 3i 30 ?°- 2P 2^, 25 ? 5 C E C ~ G7 O 60.1 60; 606 I I FEVER ? 61* Li 60V ?60P. 6rr C m 51/ 61° 2 ... '?/ . _e 6r• i 7 IIr 14 70 ?} «7 23 ? L w 6 62C? 615 p; 6; c. n , a o iti /2 4 C1? 15 lap ^ 6r? ' 701 i N 616 J 70 MARION 17+0 STf2E? t 611, 71'? 5 ?Or? T x 70°5 ` 7tle r 701, 7rw iB ?v { 704 706 o ° n alt t. n n i7 .' .7 }} 1C? 4 706 l.3 +_ 77r° :, 's 7d9 iE is SET STS 7fo a 711 _ .. SIGN VARIANCE REQUEST NAME: THE PEP BOYS-MANNY MOE & JACK PEP BOYS JOHNSON SV # 9 -41 PUBLIC HEARING DATE : OCTOBER 5, 1995 ATLAS PAGE: 297B SEC: 14 TWP: 29 S RGE=: 15 E CLEARWATER CITY COMMISSION - Ir . yv-le E? o p t . fir. ? . -1t :7. j? s'6a AGERV13A iE. ITEM l 1 Item fi Clearwater City Commission Agenda Cover Memorandum }feeting Date: a SUBJECT: PUBLIC HEARING: Unpaid Utility Bills (Resolution) RECOMMENDATION/MOTION: Adopt Resolution 95-61 authorizing the placement of liens on properties for unpaid utility bills. ® and that the appropriate officials be authorized to execute some. BACKGROUND: The property owners noted on the attached lien proposal listing have delinquent accounts with the utility system for amounts over $100.00. As of July 24, 1995, the accounts listed are at least (90) days or more delinquent. The Utility Customer Service Division has notified these property owners of their indebtedness and the fact that the City may file a lien on their property for the amount of the delinquent account. The property owners on the attached lien proposal listing have also been notified by the City Clerk of the Public Hearing regarding their indebtedness pursuant to Chapter 32, Section 32.072 of the City Code of Ordinances. The Finance Director and the Assistant Director of Finance/Utility Customer Service recommend the filing of liens against the attached listing of property owners. Reviewed by: Originating Dept: Costs: S N/A Commission Action: Legal FINANCE I"M--A Total ? Approved Budget N/A' Purchasing N/A UTILITY CUSTOMER SERVICE s 13 Approved w/condftions Risk Mgmt. _N/A Current Fiscal Yr. ? Denied Is N_._._ /l?_ 1m User Dept: ? Continued to: ACM Funding Source: Other 17 Capital imp. ? Operating Advertised: ? other Attachments: Date: Resolution Paper: Tampa Tribune Proposed Lien Listing ? i d ? Not Requ re None Suhmitted by: Affected Parties Appropriation Code- ® Notified City nag 13 Not Required 0 Printed on recycled paper `FOnWSMENMFRM RESOLUTION ._9 -61 5A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, PLACING A LIEN ON CERTAIN REAL PROPERTY FOR PAST DUE UTILITY BILLS. WHEREAS, the City Manager, pursuant to Section 32.072 of the code of Ordinances, has presented to the.City Commission a list of properties with unpaid utility bills; and WHEREAS, the list of such properties 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 considering whether or not to make final 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 THE 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. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of Attest: 1995. Rita Garvey Mayor-Commissioner Cynthia E. Goudeau, City Clerk Re- = IQ, MAY 1995 ACCOUNT INFORMATION SERVICE ADDRESS PROPOSED LIEN LIST OWNER INFORMATION Revised 10/5/995 EXHIBIT "A" LEGAL INFORMATION AMOUNT 240-08454-01 KRAEMER, DENISE M 2237 HEMERICK PL CLEARWATER, FL ZIP 34625 2228 240-09240-04 LEUTZINGER, LLOYD 1736 W MANOR AVE CLEARWATER, FL ZIP 34625 1610 244-17033-08 FOUND ON 1733 S WINFIELD RD CLEARWATER, FL ZIP 34616 2459 246-18070-03 FOUND ON 2170 CATALINA DR CLEARWATER, FL ZIP 34624 3715 532-03070-02 ASHLEY, JOHN E 1126 GRANT ST CLEARWATER, FL ZIP 34615 2627 KRAEMER, ARNOLD R KRAEMER, DENISE M 2237 HEMERICK PL CLEARWATER, FL ZIP 34625 2228 LEUTZINGER, LLOYD K SCHMIDT, ROBERT A 1740 W MANOR AVE CLEARWATER, FL ZIP 34625 1610 ROBINSON, SAMUEL A 1733 WINFIELD RD S CLEARWATER, FL ZIP 3461.6 BAKER, LEE A MINTER, CANDACE A 2170 CATALINA DR CLEARWATER, FL ZIP 34624 3715 ASHLEY, JOHNNY E 1126 GRANT ST CLEARWATER, FL ZIP 34615 2627 07/29/16/65898/003/0100 PALMETTO TERRACE BLK C, LOT 10 $310.04 06/29/16/16506/000/0250 CLEARWATER MANOR S 35 FT OF LOT 25 & N 40 FT OF LOT 26 $111.51 23/29/15/06354/000/0560 BEL-KEENE 1ST ADD LOT 56 $150.1,4 24/29/15/87696/000/0420 SUNSET GARDENS LOT 42 $131.36 10/29/15/33534/001/0290 GREENWOOD PARK BLK A, LOT 29 $833.99 M..._... Page 2 642-07859-05 BEVELAQUA, JOSEPH 1759 STARLIGHT DR CLEARWATER, FL ZIP 34615 1646 BEVILACQUA, JOSEPH F 1759 STARLIGHT DR CLEARWATER, FL ZIP 34615 1646 02/29/15/16010/000/1130 CLEARVIEW EST LOT 11.3 $140.57 658-02780-03 SCHRIVER, DAVID L 1780 LINWOOD CIR CLEARWATER, FL ZIP 34615 2317 SCHRIVER, DAVID L SCHRIVER, LESLIE J 1780 LINWOOD CIR CLEARWATER, FL ZIP 34615 2317 02/29/15/87984/000/0270 SUNSET LAKE MANOR LOT 27 $277.64 $414.13 822-01300-05 FOUND ON 1441 S BELCHER RD CLEARWATER, FL ZIP 34624 2829 METCO DEVELOPMENT CORP 19/29/16/70272/300/0900 P 0 BOX 6436 PINELLAS GROVES CLEARWATER, FL SW 1/4 N 429FT OF E 250FT ZIP 34618 OF LOT 9 AND N 192FT OF S 232FT OF E 50FT OF LOT 9 THE 18/29/16/24264/005/0220 9 EASTWOOD TERRACE 3RD ADD BLK E, LOT 22 $157.47 836-02298-11 FOUND ON 98 N FERNWOOD AVE CLEARWATER, FL ZIP 34625 3314 922-09366-06 FOUND ON 2766 AVOCADO DR CLEARWATER, FL ZIP 34619 2301 HUGHES, ROBERT SR FED HOUSING TRUST P 0 BOX 561 SAFETY HARBOR, FL ZIP 34695 0561 ELLIOTT, THOMAS ELLIOTT, DEBRA A 2766 AVOCADO DR CLEARWATER, FL ZIP 34619 2301 F II 08/29/16/94302/007/0100 VIRGINIA GROVES ESTATES 1ST ADD BLK 7, LOT 10 $265.50 924-04449-13 FOUND ON 1849 DIANE DR CLEARWATER, FL ZIP 34619 1709 DENNIS, EDUARDO DENNIS, LINDA 1849 DIANE DR CLEARWATER, FL ZIP 34619 1709 05/29/16/13554/010/0030 CARLTON TERRACE 1ST ADD BLK J, LOT 3 LESS S IOFT MOL $233.40 Page 3 924-06007-01 REICHOLD, KAREN M FOUND ON 1807 MARILYN DR 1807 MARILYN DR CLEARWATER, FL CLEARWATER, FL ZIP 34619 1716 ZIP 34619 1716 $263.52 924-06031-01 COLLINS, FRANK P COLLINS, DEBORAH COLLINS, DEBRA J 1831 MARILYN DR 1831 MARILYN DR CLEARWATER, FL CLEARWATER, FL ZIP 34619 1716 ZIP 34619 1716 $715.83 950-31769-00 NUSTO, MICHAEL A HUNTINGTON HOMES 111 KATHLEEN CT 2469 BOND AVE TARPON SPRINGS, FL CLEARWATER, FL ZIP 34689 ZIP 34621 $170.62 970-30420-02 SHAW, JAMES J SHAW, JAMES 2630 MEADOW WOOD DR 2630 MEADOW WOOD DR CLEARWATER, FL CLEARWATER, FL ZIP 34621 1720 ZIP 34621 1720 05/29/16/13554/008/0070 CARLTON TERRACE 1ST ADD BLK H, LOT 7 05/29/16/13554/008/0030 CARLTON TERRACE 1ST ADD BLK H, LOT 3 LESS S 5FT 32/28/16/18626/004/0080 COUNTRYPARK BLK D, LOT 8 17/28/16/99200/000/0500 WYNWOODS LANDING LOT 50 970-30420-04 FOUND ON 2630 MEADOW WOOD DR CLEARWATER, FL ZIP 34621 1720 $691..92 980-04998-00 US HOMES 4998 TURTLE CREEK TR OLDSMAR, FL ZIP 34677 MC MAHON, PATRICK M MC MAHON, JESSICA L 709 24TH ST SW LARGO, FL ZIP 34640 2957 03/28/16/92680/000/0110 TURTLE CREEK UNIT FOUR LOT 11 $228.30 992-06321-04 MALKE, LYDIA 12/29/15/38250/000/3000 MALKE, ROBERT 164 DEVON DR HERCULES INDUSTRIAL PARK DBA BAY AREA AUTOMOTIVE CLEARWATER BEACH, FL LOT 30 1426 N HERCULES AVE 1-A ZIP 34630 2439 CLEARWATER, FL ZIP 34625 1926 $709.34 TOTAL $5,805.28 rx- , " ti Stem N CLEARWATER CITY COMMISSION Agenda Cover Memorandum SUBJECT: Vacation Request 95-12 (McLaughlin) Meeting Date 1a 05? RECOMMENDATION/NOTION: Approve the applicants' request to vacate the West 4 feet of the 10 foot Drainage and Utility Easement lying along the East side of Lot 6, Block C, Northwood Estates Tract "F", less the North 5 feet, and pass ordinance No. 5916-95 on first reading. BACKGROUND: The applicant is requesting to vacate the West 4 feet of the 10 foot Drainage and Utility Easement lying along the East side of Lot 6, Block C, Northwood Estates Tract "F", less the North 5 feet. The swimming pool and deck were constructed in May, 1981. The applicant would like to enclose an existing swimming pool and deck. It is only the deck which encroaches 3.3 feet into the easement. The City has no existing utilities within the easement. Florida Power, GTE and Time Warner Cable have reviewed this request and have no objections. This petition has boon reviewed by various city departments/divisions concerned with vacation requests. Engineering Services has no objection provided the North 5 feet is retained as a drainage and utility easement. All other City departments/divisions have no objections. The City Engineer has reviewed the comments submitted by the reviewing Departments and recommends this request be approved. ?-?-?-- Originat na Dept. Costs; NIA Legal, H/A Engin T (Current FY) Budget NIA ' tltt r opt. Funding Source: Purchasing NIA Copt. Imp. Risk Momt. NIA 15 ? ACN N/A ENG. OTHER r NIA Sinn tte : City Ka a-' Advertised: Date: 9/21 8 9/Z,8195 Paper: Tn:r a Tribune Not required Affected parties notified x Not required operating other ation N/A Comission Action Approved Approved w/conditions Denied Cont'd to ttac Application Location Sketch VAI:VB12 AIM r k.- Vacation Number 95--12 "McLaughlin" V ,A C AT-1_0 N E V E S T P R O C_E S__S__„IN, G-__- 0 H E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 222B NA-16 SECTION 29 TOWNSHIP 28S RANGE 16B 1. ENGINEERING SERVICES: Pas'lent REVIEWED BY: Q_ APPROVED BY: DATE:COMMENTS: The applicant is requesting the on of the west 4 feet of the l0 foot Drainage & Utility lying along the east side of Lot 6, Block C, Northwood Estates Tract F. The pool deck,, encroaches 3.3 feet into the easement. The City has no existing utilities within the easement. The Engineering Division has no objection to vacating the west 4 feet of the to foot utility easement less the north 5 feet. Florida Power, General Telephone, and Time Warner Cable have no objection to this vacation request. 2. CENTRAL PERMITTING DEPARTMENT: REVIEWED BY : ,4;CzZ? C)o4.<51?PPROVED BY: COMMENTS: ????? ??? ?.?t 3. 4. Ada?Je(-fio GAS DEPARTMENT: REVIEWED BY: COMMENTS: 06 APPROVED BY: 14 lj J. 0,..`u CITY ENGINEER: COMMENTS: DATE: DATE: 6/Z8/75 DATE: ------------------------------------------------------------------ ADVERTISING DATE: 09/21/95 AND 09128195 PUBLIC HEARING PATE: 10105L95 COMMISSION ACTION: APPROVED-----CONTINUED------TABLED------DENIED----- ORDINANCE NO. DATE OF ADOPTION RECORDED IN o. R. BOOF: PAGE: LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION VACATION CARD FILE: r. I V _A C_ A_-T _ Z O N R E_ Q _U E S rT r F I L I N G F O R M obi S3 - 7 g-S3 NAME : 1 \ C PHONE: , q I `f Z 5S? S .. --ADDRESS: %hRa_\ C4 -2 tn, IJV ? C t w ?-- ?- (?-z HEREBY PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE VACATION OF THE FOLLOWING: © EASEMENT TYPE: rp,1?n r U-?.1. RIGHT-OF-WAY r ` ALLEY OTHER: 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED: Lot tp C3t oC.?_ C U???-w M - . 3. STREET ADDRESS OR SIMPLE' LOCATION: 1j 4. PROPOSED USE OF VACATED PROPERTY: 5. ZONING ON ADJOINING PROPERTY: R ? 1? ii f .+ S. ATTACHMENTS: LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES EXISTING ENCROACF24ENT DRAWING SHOWING PROPOSED USE OF VACATED PROPER'T'Y (SURVEY, PLOT PLAN, ETC.) X SEE RESOLUTION 82-3 (ATTACHED) ATTACHED LETTERS OF NO OBJECTION FROM: X FLORIDA POWER CORPORATION X GENERAL TELEPHONE COMPANY X VISION CABLE • • OTHER 7. SIGNATURE OF THE OWNER OF THE PROPERTY ABUTTING THAT PROPERTY PROPOSED TO BE VACATED: (APPLICANT) COUNTY OF PINELLAS) The forecoing ins 4_ ument was acknowledged bei ore Ile this s/3 by r41'iF5 L N??`G c L1! who is personally known.-co me or U who has oroduced C• 77,2 • L, c ? l - - ?S-7 / as identi-f i ca Lion and who did (did noL) take an oath. EXP. 1131 0 C) Notary Public, Commission No. '(Name of Notary typed, p=inted or stamped) JANr-7 S. ft4r-M UjAN I Noary Flil.'siC. soled' Paricte My Comm. Entim July 25.19% NO. CC 395086 flOloco lh:u %7111rul iV.trry Orrrtrr ENG. DEPT. 3/82 REVISED 10/92 VACR-rQ.DDN DRUI?LNU AN ORDINANCE OF 111L CITY 01, CLE•ARWATFR, 1. ,DRIDA, VACATING TIIF WEST 4 FER 01-. THE 10-FOO-1 ORAINAGE AND UTILITY EASEMENT I.Y)Ntl ALUNG THE LAST SIDE OF 1-0'! 6, 111.OCK C, NORTHWOOD FSTATCS TRACT 1" I ESS THE ND11'%`1 I I lb I I- I.1 : PROVIDING AN F1= FECTI VE DATI• lit I'1 ORDAINED BY TK CITY COMMISSION 01= 1.14E CITY OF C1_L•ARWATCR, FLORIDA: Sort i rare 1. l he, fcal l owi ng : 'Ihc WC?St. 4 tcvt: of"the Ifl-fool: drainage and utility easement lying along tho Last, side n., I'm 6, 1,lock C, Northwood Fst.at,es 'Tract. "I less the North tact. as recor,dod in P'i at: Book 77, pages 46 Yr 47 of 1: 11o cif i c:i al r records cal Pinellas County , Fl rari da . Srac T i on :i. This ordi riance shall t.akt? ettw'. i, immediately upon adoption. PASSED UN FIRST READING 13ASSED 014 SECOND AW r) NAl_ RL A1)) NC AND ADOP TED WHF REAS , James A. McCl augh l i n , owner c}•f (-Cal property 1 caf atCd in tl-rc= City o Clcairwat:er, has regtlCsted that the City vacate the drainage and utility c sempnt described licrei n , and WHEREAS. the City Commission finds that said casement is riot necessary for nr ?rii Ci pa l use and it is clpprned to be to t•.hc b(-,st, i nt:cirliSt Of the City and the genera public: that the same lie vacat,cd: now, thel,rfol"e, i ` hprphy vacated, closed and released, and the C,il,y of CleiwwaLet' clcrits;lcims and r,tlergSEAS all of 11.5 right:. vi1.1e and int.ere,t t.hei,el a. . er ji wa . , 1 hc? Cij.y Clerk shall rec;r)rtl this nrdi nance in i:ne pilhl is r+?r vcls of 1}i nc,l 1 a s Cratanl.y, , F 1 oricln , fol l owl no adoption, FT La Garvey mayor- {:tNrmi ssionCr' y r' - A1?1)MVCd as t,ca •f'carm and air Cl 1Cga I sufi-icicriC -: is, w W1 chard Hu ! A'' S i st ant City Ai,t.carr4c v Attest: ynt 11 ii L. • (ri1C oirta CIu.y Cl c.1,1,, N. T. S. SWEETGUM WAY WEST I 1 I? r N S? ?u V n NORTHWOOD ESTATES - TRACT "F" N ! P.6. 77 - P.G. 46 u C C LO7 6 BLK. C w V (? V I.S W c OW 10' UIISJlr QRAINACE EASEMENT N 000:'0x' C 05.00' NOTE: This is not a Survey I, t. VAC9512.Gwq MCCLAVGHLIN` Seat. 29 - 28 ^ 16 Grown by Ag pale. 8/16/95 I ••.°• ?. Florida .. • .. Power .. .. • • •*S•• 60HP0AAT10N August 4, 1995 Robert J. Maran Central Permitting Dept P.O. Box 4748 Clearwater, FL 34618-4748 I 3 -- 1 AUG 1 g1995 f CENTRAL PERMITTING CITY OF CLEARWgTER Re: Petition to Vacate A Portion of Easement for Pool (see attached copy of petition received by FPC for property description) Lot 6, Block C, Northwood EST Tract F, 2555 Sweetgum Way N., Clearwater Dear Mr. Maran, Florida Power Corporation has no objection to the petition to vacate that portion of rear easement area where the existing pool deck is located for the above mentioned property. If %rou have need of any further assistance, please contact at 562-5656. Sincerely, Garry Distribution Engineering GRHljod CLEARWATER ENGINEERING OFFICE: 2166 Palmetto street Clearwater, Florida 1813) 562-6858 A Florida Progress Company August 4, 1995 c f 3 GTE Telephone Operations f FLCW5060 i4 621 Tarpon Avenue East j Tarpon Springs, FL 34689 ! 613/942-5900 813/942-5905 Mr. Robert Moran Permitting and Plan Review Division P. 0. Box 4748 Clearwater, Florida 3461.8-4748 RE: VACATION OF EASEMENT - SEC 28/29, TWP 28S, R14G 16E, PLAT BOOK 77, PAGE 46.#7 STREET ADDRESS: 2555 SWEETGUM WAY WEST, NORTHWOOD ESTATES, CLEARWATER, PINELLAS COUNTY, FLORIDA Dear Mr. Moran: GTE Telephone Operations has no objections to vacating a portion of the easement that has a swimming pool and deck area that encroaches into the utility easement. GTE will retain the remaining easement. If you need further assistance, please call Cecil. Williams at 942-5948 in Tarpon Springs. Sincerely, Gary R. Jeup Engineering Supervisor GRJ:pay . 11 A parl of GTE Corporation FRI 5;09 VISION CABLE FAX NO. OB Tim Worrow 5Acrtairm=t-Advw=ft avJ== 2530 D mw Strict Ooarw+otart florido 34625 °f 0813) 797-1818 DATE: Aug. 4, 1995 _ City of Clearwater Robert. Maran 10 S. Missouri. Ave. RE:_ 2555 s<aeettc up Wy W._ - Petition to Vacate Easement: Dear Mr. Maran ; TIME WAMER CABLE, INC. )MD( - Has no conflict with your proposed: )CM Vacation of EasementlRight-of-Way ? Plat 0 Construction P. 02 } C.M • LA . D Maintains facilities within the area of the proposed vacation of easement/ right-of way. One of the following conditions must be met prior to the release of a "no conflict" letter. A. The owner/developer must reimburse Time Warner Entertainment- Advance/Newhouse for all costs incurred by relocation of our facilities. B. A utility easement must be platted to encompass existing facilities. Thank you for your time and consideration, If you have any questions, please contact me st 797-1818, Ext. 509 Sincerely, TIME WARNER ENTERTAINMENT-ADVANCFJNEWHOUSE 17a Young -- Fi Weer k? ?) t f j---- CLEARWATER CITY COMMISSION Agenda Cover Memorandum SUBJECT: Vacation Request 95-07 (McMullen) Costs:_ N/A (Current FY) Funding Source: Capt. Imp. operating other , RECOMMENDATION/ MOTION: Approve the applicants' request to vacate the 50 foot East/West Right--of-Way of an unnamed street lying between Lots 3 and 4 of Block 3 and Lots 1 and 2 of Block 6, Revised Map, Town of Bay View subject to Pinellas county vacating the west portion and it being retained full width as a drainage and utility easement and pass Ordinance No. 5917-95 on first reading. BACKGROUND: The applicant is requesting to vacate the full 50 foot East/West Right-of-Way of an unnamed/unpaved street lying between Lots 3 and 4 of Block 3 and Lots 1 and 2 of Block 6, Revised Map, Town of Bay View. The applicant would like to vacate the right-of-way to preserve the residential, "oasis" character of the subdivision and to protect a specimen oak tree. The City has no existing utilities within the right-of-way and it is not being used for vehicular traffic or parking. The west portion of the right--of-way extends outside the City's incorporated limits and must be vacated by Pinellas County. Pinellas County Utilities has provided a letter of no objection. Florida Power, GTE and Vision Cable have reviewed this request and have no objections. This petition has been reviewed by various city departments/divisions concerned with vacation requests. Engineering Services has no objection provided Pinellas County vacates the west portion and all of the right-of-way is retained full width as a drainage and utility easement. originally, the Central Permitting Department had recommended this vacation be delayed until a consultant study was completed this fall. However, the attached memorandum indicates that the Central Permitting Department has reconsidered this recommendation and supports a vacation as recommended at this time, other city departments have no objection. The City Engineer has reviewed the comments submitted by the reviewing Departments and recommends this request be approved. j Reviewed Originating Dept. jlegmi .N A ?I Engineering . IBudget, N/A _ User Dept. + Purchasing NZA =I Risk Mgmt N/A? Advertised: Is N/A Date: _9/21 & 12195 ACM N/A 406 ` Paper: Tampa Tribune ENG. Not required OTHER _N/A Affected parties Su tt I d by• Itt notified X Cit en er Not required y ?I Item # Meeting Date 10/05/95 Commission Action Approved Approved w/conditions Denied Cont'd to Appropriation Code(s) 1 Attachments: N/A Application I Location Sketch VACOWI NM Vacation Number 95--07 "McMullen" V A C A T I O N _R E_ Q U E.__8 T P R O C E S 6 1 H G S R E E T PLEASE REVIEW THIS VACATION IN TERMS OF YOUR PRESENT USE AND FUTURE NEED FOR THE PROPERTY. INDICATE YOUR COMMENTS BELOW: REFERENCE ATLAS SHEET NO 301A/ H-17 SECTION 16 TOWNSHIP 298 RANGE 16E 1. ENGINEERING SERVICES: DATE : `2'! ??r REVIEWED BY: P APPROVED BY: COMMENTS: The applicant is requesting to vacate the full 50 foot East/West Right--of--Way of an unnamed/unpaved street lying between Lots 3 and 4 of Block 3 and Lots 1 and 2 of Block 6 of plat of Revised Map, Town of Bay View. The applicant would like to vacate the right-of-way to preserve the residential, "oasis" character of the subdivision and to protect a-specimen oak tree from vehicular traffic. The City has no existing utility services within the right-of-way and it is not being used for vehicular traffic or parking. The west portion of the right--of- way extends outside the City's incorporated limits and must be vacated by Pinellas County. Pinellas County Utilities has provided a letter of no objection. Florida Power, GTE and Vision Cable have no objections. Engineering Services has no objection to this vacation provided Pinellas County vacates the west portion and all of the right-of-way is retained full width as a drainage and utility easement. 2. TRANSPORTATION GROUP: ' REVIEWED BY: r1r)M r,Pumr_ . F_Nxs: QQ. DATE: 2S 3. CENTRAL PERMITTING DEP ENT: REVIEWED BY: Steve DoherPROVED BY: Scot DATE - 8/0495 COMMENTS: We have not objections to proposed vacation. ?w?cal ?4{ Pe J L'? " 1) ? -- L r cro f.C i,y c ? -4 r f. G fC D J'L- 7'tJ J r Gt/ w C: I L ?J ?H O XJ . ut n' fT - L r i 1 &_ k n ct.t r 1 ,) 71 4', J ?- b -c.-w b e 4 o-?w .F, .?r+ r ?z :t w L yr ?f f PIL 1)k4 i0, G Y ?W 1 /L 4. SOLID ASTE DEPARTMENT: ?' ' ! 7 P REVIEWED BY: APPROVED BY: DATE: COMMENTS : r` if qs ' ?ryy? alc A 6; bd ?°LrrG? r Vacation Number 95-07 "McMullaa" 5. GAS DEPARTMENT: REVIEWED BY: APPROVED BY: DATE: COMMENTS : _ 0/7 / 9S 4ee,4? v, 4 6. FIRE DEPARTMENT: € REVIEWED BY : "-6 PA "?t),,"fL'PROVED BY : DATEAUG D 7 'W COMMENTS: ` i 7. POLICE DEPARTMENT: i REVIEWED AND APPROVED BY: DATE: ?f `l QJ COMMENTS: 4[0 S. PARRS & RECREATION DEPARTMEN REVIEWED AND APPROVED B,Y : L-? DATE: 9/217//6 ' COMMENTS: .?C= ?J,?Gt,L.??•z?r')^'? ------------------------------------------------------------------ ADVERTISING DATE: 09121/95 AND 09/28195 PUBLIC HEARING DATE: 10105195 COMMISSION ACTION: ------APPROVED------CONTINUED------TABLED----DENIED---- ORDINANCE NO. DATE OF ADOPTION RECORDED IN 0. R. BOOK: PAGE: LETTER TO PROPERTY OWNER ADVISING COMPLETION OF VACATION VACATION CARD FILE: REVISED 02/95 VACPROC.DDM V A C A T I O N R E,Q U E S T F I L I N G F O R M 1. 'NAME: /y/, ,eft /!/(G /?'rlfLLf?N PHONE: 795- 5 J'?l ?A i? l/l,lt? N ?? ????L' ?.LCrj C •? / -ADDRESS: EREHY.PETITION THE CITY COMMISSION OF THE CITY OF CLEARWATER FOR THE '.°,VACATZON OF THE FOLLOWING: .. EASEMENT TYPE: RIGHT-OF-WAY ALLEY OTHER: 2. LEGAL DESCRIPTION OF PROPERTY TO BE VACATED: C ,, -;- ? o? c rte" c ?!/I /K- 3. STREET ADDRESS OR SIMPLE LOCATION : 4. PROPOSED USE OF VACATED PROPERTY: 5. ZONING 014 ADJOINING PROPERTY: 9:5 - 6, tynt,;iC? &7,,- Ek C.' ATTACHMENTS: LAND SURVEY OF PROPERTY IS REQUIRED IF THIS VACATION INVOLVES EXISTING ENCROACHMENT DRAWING SHOWING PROPOSED USE OF VACATED PROPERTY (SURVEY, PLOT PLAN, ETC.) X SEE RESOLUTION 82--3 (ATTACHED) ATTACHED LETTERS OF NO OBJECTION FROM: X FLORIDA POWER CORPORATION X GENERAL TELEPHONE COMPANY 7 VISION CABLE OTHER 7. SIGNATURE OF THE OWNER OF THE PROPERTY ABUTTING THAT PROPERTY PROPOSED TO BE VACATED: (APPLICANT) NAHE ADDRESS S ZIP CODE DATE PROPERTY ACOUTRED 7" 1 I G l,Q ??/GG.J ;dill (+ ?, /, I (- /'7 `f STATE 00 FLORIDA) COUNTY F PINELTLP S ) The - oregoing instrument was acknowledged be-Fore me this IS*"- 6w3 p1? MWa' g by c A (??.r,••\?e.r? _?,.,,_ who is personally known to me or who has produced R as irlent iication and who did /(61d n t) take an oath. Notary Public, Commission No. r- (Name of Notarv typed, printed or stamped) Vra 1S)ARL YE9aU++';L1.% r.lrljiltq IG: F?W' ROBERT S.MEGILL ME OR WHO pRODUCED A FLURiDA DL uy CDtiu+?SSior+?CCZe3A AND w}iD DID UOZ TAKE ANY OATHD7MS- My 23, 1997 bold 11wv *Awl Atilt Ubrnrtlr,n ENG. DEPT. 3/62 REVISED 10/92 VAC?XQ. DDH TO ACCOMPANY A PETITION TO VACATE ALLEY BETWEEN 517 & 603 BAYVIEW AVENUE LEGAL DESCRIPTION Tha portion of a right-of-way as shown between lots 3 and '4 of block 3 and lots'1 and 2 of block 6 of plat of the Revised Map, TOWN OF'BAY VIEW; as recorded in Plat Book 6,, Page 23 of records of Hillsborough County, of which Pinellas County was formerly part, and lying north of a line located 330 feet south of the centerline of Gulf-to'-Bay Boulevard (State Road 60). Said right- of-way being 50 feet by 3.17 chains per said recorded plat extending from the easterly right-of-way line of Bayview Avenue easterly to the westerly right-of-way line of Meadowbrook Lane, lying in Section 16, Township 29 South, Range 16 East, Pinellas County, Florida. f Early McMullen Sorenson 517 Bayview Avenue Clearwater, Florida 34619 February 12, 1995 . "I FROM, . 22 7EL: 4626425 Ste'. 18. 1995 QRDI NANCE NQ. 5917.95 AN ORDINANCE OF THE CITY OF--•CLEARWATER, FLORIDA, VACATING THE NORTH PORTION OF-THE 50 FOOT RIGHT-OF-WAY LYING BETWEEN LOTS 3 AND 4 OF BLOCK 3 AND LOTS I AND'2 OF BLOCK 6. REVISED MAP, TOWN OF BAY VIEW. AND LYING NORTH OF A LINE LOCATED PARALLEL AND-330'FEET SOUTH OF THE CENTERLINE OF GULF-TO-BAY BOULEVARD (STATE ROAD 60), SUBJECT TO A DRAINAGE AND UTILITY EASEMENT WHICH IS RETAINED OVER THE FULL WIDTH THEREOF; PROVIDING AN EFFECTIVE DATE. 1:39 PM P 3 . WHEREAS, Mary B. McMullen, owner of real property located in the City of learwater, has requested that the City vacate the right-of-way described herein: WHEREAS, the City Commission finds that said right-of-way is not necessary muni c l pal use and it is deemed to be to the hest interest of the City and the eral public that the same be vacated: now, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF. CLEARWATER, FLORIDA: Sectim. The following: The North portion of the 50 foot, Right-of-Way lying between tats 3 and 4 of Block 3 and Lots I and 2 of Block 6. Revised Map: Toms - olf Bay View, as recorded in Plat'. Book H6, Page 23 of the public records of Hillsborough County. Florida, of Which Pinellas was once a part. and lying North of a l i ne located pa,-al le) and 330 feet. South 011' the cente.rl i nP of Gulf-to-Bay Boulevard (State Road 60), Is hereby vacated, closed and released, and the City, o Clearwater cuiLclaims and ~eleases all of its right. title and interest thereto. except that i.he City, of rlearwater hereby retains a drainage and utility easemenT over the full width of 'the described property for the installation and maintenance of'any and all public ti l i ' i es thereon, subject to the fol-l owing conditions : (1) Suh,?CC'? to Pinellas County vacating t 'he remaining portion of subject right.-oi-way and retaining it. full width as a drainage & utility easement.. SOcti () r) 1. The City Clerk shall record this ordinance in the public ?, ecords of Pinellas County. Florida. fallowing adopt) Oil . Lac,.ion ;. This ordinance shall take effect. iwediately upon adoption. PASSED ON FIRST READING oproved as LO farm and r)d legal sufficiency: aut i 1ara u 5sist:arlt City AT.Torne,y PASSED ON SECOND AND FINAL QCADING AND ADOPTED iLa Garvey Mayor - Comrrii s s 1 otter Att'estynLni a auoeau City Clergy; NOTE: This is not a survey! Centerline GULF TO BAY SR 60 fi ?O TO WN 2 3 T M of ? d ? -lit P4W 1AY VIEW 2 6 4 3 \H6-2\?. C ,:R. "5 REOUESTEED VA CA T/ON 7/26/95 VAC95-07 "McMullen" Sect. 16-29--16 Drawn by. * * . BOARID •OF. COUNTY COMMISSIOI-TERS PINELLAS COUNTY; FLORIDA-', O PINELLAS COUNTY UTILITIES ::; ?.+? ?'r'.?.«?'? . -^•'.: 7. - P. O:'90X 1780 ''Cti??>~Aisstic?Nr:>as' r: CLEARWATER. FLORIDA a4617.. .'' BRUCE.TYNDALl.'-CHMJ4 AN ' .'BARBARA SEEN TODD- VICES CHAIRM^N i sALuE-PARKs' /? n CHARLES 8: FiAENEY. f V L ,-December,8, 1994 Ms-.-.. Mary B.;McMullen. ; .. i 517..Bayview'' Avenue' Clearwater, FL.34619 Re:- Petition to vacate: ? Coiunty right.of• way in TOWN OF' BAYVIEW _ 16/29/16 :. ; .Dear•Ms.,McMullen:' We' received ,your -letter 'dated-December 3, 1994 requesting a letter-of no ..objection regarding .the-property.referenced above. This property is' located in the City.of. Clearwater .water and sanitary sewer ' service areas. Please.contact?City of''Clearwater, Mr. Terry C... Jennings, Chief..'Engineer, P.O. -Box .4748,"Clearwater, FL 34618--4748. -Sincerely, PIWLLA 0 T .'• Victor :W. Formby, P.E. Director of Engineering i :VWF/MIa/mb cc:' Robert.J. Powell Right--of-Way Administrator MIB/63.73 4 "Pinellas County is an Equal Opportunity Emplover" . Member-Pinellas Partnershin for a nnjo Free Worko4we t..1 nrinled on rPevclpd r+aner ti •o' '?'S Florida Power • `+..•rr C 0 A P 0 A A I10N ••i•f January 3, 1995 Mary B. McMullen 517 Bayview Ave. Clearwater, FL., 34619 Re: Petition to Vacate County Right-of-Way (See attached legal description), } (see attached copy of petition received by FPC December 3, 1994 for property description) Dear Mrs. McMullen: Florida Power Corporation has no objection to the petition to vacate for the above mentioned property, If you have need of any further assistance, please contact. me at 562-5656. Sincerely, tiJU??Ze Garry R. Distribution Engineering GRH/lkr r s i r i E CLEARWATER ENGINEERING QFF)CE: 2166 Palmetto street • Clearwater, Florida 34626 a (813) 444.4668 :' A Florida Progress Company GTE Telephone Operations South Area 1280 East Cleveland Street I Post Office Box 2257 Clearwater, FL 34617 ! Mary B. McMullen 517 Bayv iew . Ave Clearwater, FL 34619 RE: PETITION'TO VACATE - (AS SHOWN ON ATTACHED MAP) GTE Florida has no objections to the proposed vacation-of easement as described in the above referenced. If additional information is needed, please call Ralph Wilson at (813).443-9268 in the.Clearwater Engineering Office. Sincerely, Gary R. Jeu p Engineering Supervisor GRJ:IIh Attachments GTE Service Corporalion/A pan of GTE Corporation QI Vision Cable of Pinellas, Inc. 2530 Orew Sfaeel Cfearwataf, Fra+da 3AC25 {813) 7970818 Date: DEC. 12, 51q h RrcY C-S M c M ULLEN .S I`! e,YVIFU AVE.. CLW FL. 9 -7ZS - S079 1 RE: v to1J OF1 ALLEY-t . J Dear M. McMULLEN Has no conflict with your proposed: Vacation of Easement/Right-Of-Way ? Plat ? Construction ? Maintains facilities within the area of the proposed vacation of easement/right-of-way. One of the following conditions must be met prior to the release of a "no conflict" letter: A. The owner/developer must reimburse Vision Cable for all costs incurred by relocation of our facilities. B. A utility easement must be platted to encompass existing facilities. Thank you for your time and consideration. If you have any questions, please contact me at 797-1818, Ext. 510 . Sincerely, 1N . 'S= CREASY VISION CABLE OF PINELLAS, INC. THE ENTERTAINMENT PEOPLE w`, 1'i.CA .r P July 24, 1995 C I T Y OF C L F A. R WA. TF F. POST OFFICE BOX 4748 CLEARWATER, FLORIDA 34'618-4748 t Mary B. McMullen 511 Bayview Ave. Clearwater, Florida 34619 RE: ~Vacation Request Right-of-Way between 517 and 603 Bayview Avenue Dear Ms. McMullen: The City of Clearwater has no objection to vacating the 50 foot East/West Right-of-Way of an unnamed/unpaved street lying between Lots 3 and 4 of Block 3 and Lots 1 and 2 of Block 6 of the plat of Revised Map, Town of Bay View, provided the right-of'-way full width.is retained as a drainage and utility easement. Y Si /) e' ely, , Ri hard J. B ier, P.E. C'ty Engine RUB/bp cc: victor W. Formby,-,P.E., Director of Engineering Pinellas County Utilities P.O. Box 1780 Clearwater,' Florida 34617 r• - Robert J. Powell, Right-of-Way Administrator' Pinellas County 440 Court Street Clearwater, Florida 34616 `Equal Employment and Affirmative Action Employer` I CITY OF CI.EARWATER Interdepattment Correspondence TO: Richard J. Baier, City Engineer FROM: Scott Shuford, Central Permitting Director Cj SUBJECT: McMullen Vacation Request COPIES: Betty Deptula, City Manager DATE: September 21, 1995 I have had an opportunity to review with you the McMullen street vacation request going to the City Commission on October 5, 1995. This review has resulted in the withdrawal of the Central Permitting Department recommendation to postpone action on this request until the consultant completes the study of the Bayview area. Even if the trailer park property is developed as a park or some other use, other pedestrian opportunities exist to enable the Bayvicw neighborhood to reach this property in an acceptable manner. Should you have questions or comments, please contact me. SSldb BAYVAC.58 .... Clearwater City Commission Meeting Date: Is, Item # C ca, Agenda Corer Memorandum w i nn u.r iwiwr?wwwrwwwwww?? - i iw^.wr ?ww i i i ww?www^iwwww?wSUBJECT: Petition for Annexation, Future Land Use Plan Amendment, and Zoning Atlas Amendment for 1531 Stevenson Drive, Owner: Thomas L. Booth (A 95-15 & LUP 95-17) RECOMMENDATIONIMOTION: Approve the Petition for Annexation, Future Land Use Plan Amendment to Residential Low, Zoning Atlas Amendment to Single Family Residential "Eight" for Lot 7, Block B, Stevenson's Height including the right-of-way of Stevenson's Drive abutting Lots 7 and 8, Block B, and pass Ordinances No. 5875-95, 5876-95, and 5877-95 on first reading. ? and that the appropriate officials be authorized to execute some. This item was continued from August 3, 1995 at the request of the applicant. SUMMARY OF THE REQUEST: PROPOSED ZONING AND FUTURE LAND USE PROPOSED ZONING DISTRICT Single-Family Residential "Eight" PROPOSED FUTURE LAND USE CLASSIFICATION Residential Low REASON FOR REQUEST ? Sewer Service o Sanitation Service ® Other: Applicant already has City sewer service, but wishes to be part of the City to receive a City loan to renovate the property. ASSESSED VALUE OF SUBJECT PROPERTY $ 50, 200.00 Reviewed by: originating Dept: Costs: S N/A Commission Action: Legal -NIA CENTRAL PERMITTING Total ? Approved Budget N/A ? Approved w/conditions N/A Pu hasin $ rc g ? D i d Risk Mgmt. N1A user Dept- Current Fiscal Yr. en e cis © Continued to: ACM E funding source- other N/A ? Capital imp. Advertised: ? operating Attachments: Date: 9/25/95 ? Other ORDINANCES No. 5875-95, 5876- 61 Paper: TAMPA TRIBUNE 95 8 5877-95 d 13 N R i LOCATION MAP equ re ot Stknitte+d by: Affected Parties ® Appropriation Code: ? None Notified 13 Not Required CitMa n ger %0 Printed on recycled paper r A 95-22 & LUP 95-26 Page 2 EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING PROPERTIES IN CITY LOCATION OR FUTURE LAND USE ZONING ACTUAL USE COUNTY PLAN CATEGORY Subject County Residential Low R-3 Single-family residential Property North County Residential Low R-3 Single-family residential South County Residential Low R-3 Single-family residential East County Residential Low R-3 Single-family residential County Residential Low and R-3 Single-family residential West Preservation City Residential Low RS-8 Single-family residential (the owner of Lot 20 has requested for annexation) ZONING RESTRICTIONS SR-6 . EXISTING DESCRIPTION REQUIREMENTS EQ : i n.Nl Density 5.5 u.p.a. max. v:7a:up`a;`macirnin' ' 5.4 u.p.a. Lot Area 7,000 sq. ft. min. ;SQgsq'.y`mihmul7i 8,000 sq. ft. m.o.1 Lot Width at 70 . minimum ft i' SQ: fit:'"rn nimirri: 80 ft. setback line Depth 85 ft. minimum '80 `# i ui c ° : 100 ft. The Planning and Zoning Board held a public hearing on this application on July 18, 1995, after which they unanimously endorsed the proposed Annexation, Future Land Use Plan Amendment to Residential Low, and Zoning Atlas Amendment to Single-Family Residential "Eight" (RS-8) to the City Commission. OTHER REQUIRED REVIEWS AGENCY YES NO Pinellas Planning Council/Countywide Planning Authority X Florida Department of Community Affairs X ABBREVIATIONS: R-3 Single Family Residential (County) RS-6 Single-Family Residential "Six" (City) RS-8 Single-Family Residential "Eight" (City) u.p.a Residential units per acre PETITION FOR APHE%ATION city commission city of Clearwater r.0. Box 4740 Clearwater, Florida Commissioners: we. the undersigned, being all owners of the described real property, rontiguolas to the present boundaries of the City of Clearwater, and situated in an unincorporated area of rinellas county, Florida, do hereby request that said property be annexed into the corporate limits of the City of Clearwntn_r, Florida. We hereby further request that said property be zoned and classified under the Zoning Ordinance of the City of Clearwater, as net forth an the following page. Attached hereto is a current survey of the described property, (i£ it its unplatted), together with a certificate of title from a title company, a copy of the deed or a letter from a licensed attorney setting forth 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, and other good and valuable consideration, do hereby agree and covenant as follows, 1. all structures and improvements which are erected upon said property subRequent to the date of this petition for annexation shall comply with all applicable City o£ Clearwater regulations and ordinances as set forth in the City Code of Ordinances; 2. to 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. -lion 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 procedures therefore. we, the undersigned hereby cdrtify that we have read and examined all of the statements and allegations in the foregoing Petition 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. STATE OF FLORIDA ) COUNTY Or PINELLAS ) Subscribed and sworn to before. me this day of 199.5-. , My Commission Expires: lY,Zll:ilo_,.?ttl1IJC NOta -?d(01^ I=1- M Mo,??v runic r IA) COili![XP 5/12/96 /i v ('?° ' S' ; - ?? -• / :?' - L7 ~?? aI s`p ° fifklUEa h) Sumo INS. -- no. CC 194630 ORDINANCE NO. 5875-95 AN ORDINANCE OF THE CITY' OF CLEARWATER, FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED WEST OF NORTH BETTY LANE, CONSISTING OF LOT 7, BLOCK B, STEVENSON HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1531 STEVENSON DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION: TOGETHER WITH THE RIGHT OF WAY OF STEVENSONS DRIVE ABUTTING LOTS 7 AND 8, BLOCK B, SAID STEVENSONS HEIGHTS; 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 x71..044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following- described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: Lot 7, Block B, Stevenson's Heights. according to the map or plat thereof as recorded in Plat Book 34. Page 13, public records of Pinellas County, Florida, together with the right of, way of Stevensons Drive abutting Lots 7 and 8, Block B, said Stevensons Heights. (A95-15) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed. property. The City Engineer, the City Clerk and the 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 Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption. and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED-ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legs' sufficiency: Pamela K. in, ity torney Attest: Cynthia ou eau, City er I WW" ".- - WHEREAS, the amendnient to the' Future land use plan element . bf the comprehensive plan of the City as sit forth An this ordinance is found td be reasonable, proper and appropriate, and As. consistent with the City's comprehensive plan: now, thereforb, , BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLtARWATER, FLORIDA: Section 1. The future land USe plan element of the comprehensive plan of the City of Clearwater is ar*ended by desighatih§ the' land use category for the hereinafter,d8cribed property as follows: Pro pert ' Land Use Cdte& ORDINANCE NQ. S 76- ,, AN, ORDINANCE OF• THE,. CITY OF •CLEARWAftR,x` FLORIDA, AMENDING THE FUTURE. LAND USE ;PLAN ELtHENt OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNAlt .W LAND USE FOR CERTAIN PEAL PAOPERTY LOCATED WEST'OF NORTH BETTY LANE, CONSISTING OF LOT 7,.•BLOCK'g, STEVENSONS HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS•IS 1531 STEVENSONS DRIVE. AS RESIDENTIAL LOW;-TOGETHER WITH THE RIGHT OF WAY. OF STEVENSONS DRIVE ABUTTING LOTS 7 AND 8, _ BLOCK B. SAID STEVENSONS HEIGHTS; PROVIDING AN EPFECTIVE DATE Lot 7, Block B, Stevensons Heights, Residential Low according to tA map or plat therdbf as recorded in Plat Hook 34, Page 13, public records of Pinellas Counts . lorida, togethor with thb right of way of Stevensons Drive abutting Lilts 7 and 8, Block B. said Stevensons Heights. (LUP95-17) Section 2. This ordinance shall take effect immediately Upbh adoption, contingent upon and subjoct to the adoption 6f Ordihahco?No. 5875-95:, PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and leg l sufficiency: Pamela in City Attorney 1 4' "3 'A Rita Garvey Mayor-CommisSibner Attest: nthi City Clerk ou eau ORDINANCE-NO, 5877-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED WEST OF NORTH BETTY LANE, CONSISTING OF LOT 7, BLOCK B. STEVENSONS HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1531 STEVENSONS DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER. AS SINGLE-FAMILY RESIDENTIAL 8 (RS-8); TOGETHER WITH THE RIGHT OF WAY OF STEVENSONS DRIVE ABUTTING LOTS 7 AND 8, BLOCK B. SAID STEVENSONS HEIGHTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this -ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following described prdperty located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 7, Block B, Stevenson, Heights, RS-8 according to the map or plat thereof as recorded in Plat Book 34, Page 13. public records of Pinellas County, Florida, together with the right of way of Stevensons Drive abutting Lots 7 and 8 Block B. said Stevensons Heights. (A95-15) Zoning District Single-Family Residential 8 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 shall take effect immediately upon adoption, subject to the adoption of Ordinance No. 5875.95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal uffici ncy: L. aea in City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk 1 n L2 3h 4 ? +l w w r; FAIRM&4 1 1 s i J i':v r. J• 60 I 7410-,47 ?C r' I ? Q.Ei. in BO I ?I 13101 t z I I i l 3 J 3 1 p e t7w .? :!.... PROPOSED ANNEXATION -- LAND USE PLAN CLASSIFICATION and ZONING OWHEIR n q5- s5 APPLICANT S 0'0 T W • t PEiOHCRTY E)EE'aG1iIPT1011 'LAND USE PLAN ?ZG N IN G t-OT B ' ' . S C' E?/ E f1 S o N I-F TS COUNTY R?SIDEOTIIJL IrOw R ?3 ACF1F: S CI1'.Y RETScDcNT(AL- RS g HIGHT OF-VIA Y 11CIIL'S PLANNING and ZONMO BOAnD _ CI'1 Y COMMISSION -- --? SECTION to TOWNS?!!P 2 Q S tlAtiar 15 E ATLAS f'A(If (Oa a 0s/ OKmqh 0.0.1203- 457 i 194p) D.0.1Z74-430 (1o44) PHILLIP JONES FIELD CIE ? a t U Y G r 1 e 1 4 1 ? L SI ? ' OATEE AC;?ENDm 9 ?r7 . ?J Il F? ITEM F ??9 l i 1 • item # r, CLEARWATER CITY COMMISSION Meeting Date Agenda Cover Memorandum to-s--'35 SUBJECT: Declaration of surplus real property for the purpose of leasing. RECOMMENDATION/ MOTION: Declare as surplus for the purpose of entering into a lease agreement with Sky Tower Corporation, a Florida Limited Liability Company, a parcel lying within the boundaries of the Memorial Civic Center parking lot, being a portion of Lot 7, CITY PARK SUBDIVISION, as more particularly described in Exhibit "A", ® and that the appropriate officials be authorized to execute same. BACKGROUND: The City proposes to enter into a land lease agreement with the Sky Tower Corporation to provide a site for the corporation to erect a 300 foot tower on Clearwater Beach. It is necessary for the City Commission to declare the proposed tower site as surplus to City needs prior to entering into the lease agreement. A preliminary plan of the site development is attached as Exhibit "B" for reference. Reviewed by: originating Dept. Casts: N/A Commission Action Legal city Manager (Current FY) Approved Budget N/A User Dept. Funding Source: Approved Purchasing- N(A__ - ` w/conditions Copt. Imp. Risk Hgmt._ NA Denied Advertised: operating IS NIA Cnnt'd to Date: 9-30-95 other ACM Paper: Tom_pa Tribune ENG. N A Appropriation Code(s) Attachments: Not required Tower Lease LegaL Description OTHER N/A (Exhibit "A") Affected parties Preliminary Site Plan Submitted y: notified (Exhibit 118" City Manage Not required X TwrSile.Agn r v r M'. I IIIIII1 B! MARIA1,114t ;IRM .i EXHIBIT "A" TOWER LEASE DESCRIPTION MEMORIAL CIVIC CENIER PARKING 1.01 5111: A 5085.61 square loot areu located on the Lusl sick: of Poinsettia Avenue in the center parking isle of Ihu Memorial Civic Center Parking lot, being u portion of Lut 7, City flull. Subdivision. according to the glut thereof us i ecul Jed hi plot Book 23, Page 37, of the Public Reco(ds of Pinellus County, Florida, more particularly described as lultows: From the Southwest carrier of sold Lot 7, run N 05'22'18" East, along the Westerly line of said Lot 7, 59.59 leer to u point on the centerline of a 4.0' wide concrete walk running to the East, said point being the POINT OF BEGINNING,- thence continue N 05'22'28" East, along said Westerly line of Lot 7, 65.87 feet to the centerline; of a second 4.0' wide concrete walk, running to the East, thence run N 87"1951" lost olony suid centerline 74,88 feet, thence leaving said second concrete walk, run S 03'35'33" East, across the parking isle, 62.08 feet to the centerline of the first rl?er-IlluneLI X1.0 wide concrete walk, thence run S 85'21'31" West along said centerline 85.15 feel to the POB Note; Bearings shown teleran are lobc:n truth StL)t(: Q00d Department right-of-way nialr. do :d 1959 and ore bused un Florida West Lone, Grid Nui th, equal to booringti of Eusl/West os shown on Plot of City Porl. Subdivision and Plul of Barbour-Marrow SubdiViUiQII. 1. 4M M i LOT 7 ?t:vrf. r t'st vt? CAL) NOR 11-1 0 10 20 30 40 50 SCALE: 1'-50' Nate: Ihi. Is not a server 1 7126107 - 95117.4.9 Ura.n DY ON Q. CITY OF CI EARwAtcii, rloRiDA kNGINEERING DEPARTMENT C, 1ACAD1DWG195J 17C Thu Sop 28 11. 52 05 1995 PLOI )ED UY U. V.U. i',xniw?r nr :m 10/04/05 10,09 x`449 2889 CLIM MAIMER Z002/002 ? 5 Eca udye Commkua AM V"moVasaLs CJ1ob,?,wRfgra?rt S n R FoN.r cw??w?ru JAkk*LCAM vcG.ww.Knrt?w.s' ?wc?wcDadepw.nu vC n vcnnjddi?? VAO- 81 Ida rxrM.comak !ice ?ill ?? G?ica fiu J?rw t,isdiar, cso Bawd of Dkvaom DnU J. Ahc4oa DsnidU Aaddse r D.An=m=S M elfin- L $ do AI4 C. DwAntin Ray nOG&AXi Gxti?nr7 8toe? Iwd morn Rabess A. D?u+?eSl Rob,m ?V. 8ysd sum A. D.ti?, Q E &W G Dead. ?3ary3. any 1Gnna6 G. Fi+au7+ai Rnr4,Fii?sll,Jr. ita wss??.Js Ouyluenlt? Gonia.Jal.oicd Alb.:<N.J?1r)cr P?W.Xtac:iia ?1aRida lflius? AW%k V. mU*y. M X hy3bm%Xsbw T.knaogvRi tlodpe Duyl J. Seam No L Uson David P. Spa R e-.,Rg W&+d )acne W.pwu DnuIjH J. W uu.ne TAMPA BAY -Iwo; w October 3, 1995 C RFATER CLEAR WATER CHAMBER OF COMMERCE l25N. O=0U AV;. PA. COX 2"7, CU.MRWAIM R -"0 0 8!3/Ab 1-0O t i • FAX D 19/4<4 2D89 r-nUIES TO, r "MISSION The Honorable Rita Garvey Mayor and the City Commission 0 51995 City of Clearwater P.C. Box 4748 TRESS Clearwater, FL 34617 C..' -4K I ATTORNEY Dear Mayor and Commissioners: The Board of Directors of the Greater Clearwater Chamber of Commerce strongly opposes the placement of a 335 foot tower on public lands. The placement of this tower on Clearwater Beach gives the area a "Coney Island" type atmosphere and detracts from our Tropical seascape image. Your chamber is in favor of creating more attractions on the Beach for our visitors, but this one is not the kind we need. We encourage you to give this nsatter considerable thought before making a decision that could be detrimental to the future of Clearwater. sincerely, Ann W. Duncan Chairman of the Board i 3 I# 1 ORDINANCE NO. 5895-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF BETTY LANE AND SOUTH OF FA I RMONT STREET, CONSISTING OF LOT 11, BLOCK A. PINE RIDGE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1304 PARKWOOD STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF PARKWOOD STREET. INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION: PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044. Florida Statutes, and the City has complied with all -applicable requirements of Florida law in connection with this ordinance:-rrow, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 11. The following-described property is hereby annexed into the City of.Clearwater and the boundary lines of the City are redefined accordingly: Lot 11. Block A, Pine Ridge Subdivision according to the map or plat thereof As recorded in Plat Book 28. Page 98. of the public records of Pinellas County. Florida, together with the abutting .right-of-way of Parkwood Street. (A95-20) . Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other, dedications to the public. which Have heretofore been made by plat, deed or• user within the annexed .property.. The- City Engineer, _the Ci.ty_Elerk 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 irrunediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Cirr_uit 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 September 21,J995-- PASSED ON SECOND AND FINAL READING AND ADOPTED i Rita 6ar•vey Mayor - Corrurrl S sioner Approved (is to Form and legal suff Cierrcy: I L it- Fd-mel a "Al, r n. G i Cy At, torney Attest: Gyntr7a L. GOLi ears. Cicy Clerk I 4 3 4 5 6 t 7 q y b q d0 q1#. q s C'SR?T g 1 2 3 4 5~ 6 7' 16 A 10 15 14 13 12 11 0 °? 1# ? ? o1#i a n ti ? ? T ?1 STREET O' list t 6 110 ., 11 ? 12 13 ?I ? 18. II '?' ?b b r N ±? 13 N Z in w O a 5 16 15 14 ['} 12 C It. 10 4 a a? e. q! 1 2 3 4 5 6 ?7 16 h "15 q 14 13 B 12 ? g nj ? J 10 bi T STREET ? t ? GA h w ?7 ? ? K q h ?b ? 1 1 2 3 4 PIT 6 7 T ? STREET w t 1# h N to D I 2 4 6 7 3 16 14 13 12 11 10 ! h b 4 T » v STREET ? n h 1 2 3 4 5 6 7 PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING OW HEn APPLICANT MARY IT. KOGF_P. A 5.C_z o PROPE11TY OESC111PTION 'LAND USE PLAN ZONING P1u4 RtDC7E Sub. ? r 1 000NTY R E.S 1 DpNT'IAL R-3 ?t--K• A I LOT L-0W 0.)8 ACr:ES CITY RE.St bF_KIT lAL FZSB r1IGIIT OF. WAY LOW PLANNING rind ZON1140 BOARD CITY COMMISSION SECTION 10 TOWNSHIP P9 S RANGE f S E ATLAS PAOE "111BIT A AC11c? .ORDINANCE NO. 5896-95 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED EAST OF BETTY LANE AND SOUTH OF FAIRMONT STREET. CONSISTING OF LOT 11. BLOCK A, PINE RIDGE SUBDIVISION. WHOSE POST- OFFICE ADDRESS IS 1304 PARKWOOD STREET, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF PARKWOOD STREET, AS,RESIDENTIAL LOW: PROVIDING AN EFFECTIVE DATE. 16 WHEREAS, the amendment to the future land use plan element of the comprehensive plan'of the City as set forth in this-ordinance is found to be reasonable, proper and appropriate, and is consistent with the 'City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: - Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property as follows: Property Land Use Categor Lot 11, Block A. Pine Ridge Residential Low Subdivision, according to the map or plot thereof as recorded in Plat Boat: 28. Page 98, Of public records Pinellas County. FL, together with abutting right-of-way of Parkwood Street. (LUP95-23) - Section 2, This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5895-95. PASSED ON FIRST READING September 21, 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as, to form and legal sufficiency: fl` IL L Name I a t:. AK 111 City Attorney Rita Garvey Mayor-Commissioner Attest: . ynt 11 a ou eau City Clerk 60 1 •? 5 6 7 B 9 4 3 b o w w Cl _ n r1 Y h n n ? b ? b ? i 2 3 4 w 5 6 7.,. 16 ( A) 10 15 14 13 12 11 O h ? h b b h O r Z STREET w a n n_ h ? to `f 1 2 3 4 5 6 ?7 16 15 14 13 8 t2 10 el q t* Ago . M w p w STREE F ?rj h 01 .~7 h ? h h hp t? 1 2 3 Q 6 7 O co N b 4 to tim7 a 5 16 15 14 [} 12 C it 10 STREET t t N H b W 1 2 3- Q D w 6 7 16 14 13 12 11 _10 ? t 4 V1 V1 tl b 1 w q ^. w w h w STREET ti h b w b b 1 2 3 4 5 5 7 PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING OWNER MARY Z'• koCrER APPLICANT 'LAND USE PLAN COUNTY R?.51D?NrJAL L-a W ZONING R- 3 A is-zo . PROPE11TY DESCRIPTION PINE F,IbCrE 5LAb. b LK, rA„ I LOT I A 0-18 ACRES CITY R?51 bE--t?lr1/?L 111G11T 01. WAY _ LOW ?,ctls j PLANNING and ZONINO BOARD CITY COM AISSI0N SECTION 10 TOWr1S111P PC S RANGE i5 !` ATLAS PAOE 2 ?9 ORDINANCE NO. 5897-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED EAST OF BETTY LANE AND SOUTH OF FAIRMONT STREET, CONSISTING OF LOT 11, BLOCK A, PINE RIDGE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1304 PARKWOOD STREET, TOGETHER WITH THE ABUTTING RIGHT-OF-WAY OF PARKWOOD STREET, 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: Section 1. The following described property located in Pinellas County, Florida,. is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Pry. Zoning District Lot 11, Block A, Pine Ridge Subdivision, according to the map or plat thereof as recorded in Plat Book 28, Page 98, of the -public records of Pinellas County, -FL, together with the abutting right-of-way of Parkwood Street. •(A95-20) RS-8 - Single-Family Residential 8 • 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 shall, take effect immediately upon adoption. subject to t•he adoption of Ordinance No. 5895.95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as-to form and legal sufficiency: . 0- U ame ela K. Akin. City Attorney September 21, 1995 Rita Garvey Mayor-Commissioner Attest: ynt M a oul eau , city c er 8 g 1 3CA? d 5 6 7 r b Cl -W _ o .._. ..... - - 57R?T o 4 n ? i n a n "? s M 2 3 4 ~ ~ 1 5 6 7 16 A 10 15 14 13 12 11 q T ? N b 4 y r1 n. . . fafb.:Q c z D :r* .`4 i h r6fS e` , 7 ape y= ?, ,. ? rI .Y ? 10 -+ 11 12? 13 q ti n 7• j 18 SME£T ~ q v h n r7 t! U m wl 1 2 3 4 5 6 ?7 I 16 15 14 13 B 12 i0 ' r m STREET , yr--? y t?np l 2 3 4 5 7 16 15 14 C? 12 C Ii 10 p f h b ? N b q ti q ? ? S1REE7 ?? ? lIT.S v ? 1..? •i ?.??'y S r ?? 1 1 - -l. t l y ?11 1417 „ 1U D , j -n a lift ATER I,rr it 13 14 15 15 17 ? 1S 10 lIQ9 /nor n o "+ k T N t! , v M h ~ . 1 2 3 . 4 6 7 16 14 13 12 11 10 F m h In b b ' w ti t! b w STREET ti F 4 b b 1O Wi n + . 1 2 3 4 5 6 7 PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and' 'ZONING OWNER MARY. M koGER APPLICANT lk A s?-z° PROPERTY DESCRIPTIOH 'LAND USE PLAN ZONING PINE. Rt bC?-E Su B. n COUNTY RE.S 1DENr IAL jZ-3 P,1,K. Al ? LOT LAW Q.? S ACRES CITY FLE..51D?Nrtal RSS flIGHT OF. WAY LOW PLANNING ondZ001140 BOARD ? CITY COMMISSION S1;CTION ?C) TOWNSHIP S RANOE E ATLAS PAGE fl a +>,CRCS ORDINANCE NO. 5896-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD, WEST OF NORTH HERCULES AVENUE, CONSISTING OF THE NORTH 175 FT. OF THE WEST 120 FT. OF LOT 3. PINELLAS GROVES SUBDIVISION IN THE SW 1/4 OF SECTION 1, TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS 1939 SUNSET POINT ROAD, LESS EXISTING RIGHT-OF-WAY, INTO THE CORPORATE LIMITS OF THE CITY. AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION: PROVIDING AN EFFECTIVE DATE. ao WHEREAS. the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE. CITY OF_ CLEARWATER, FLORIDA: Section 1. The following- described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: The North 175 ft. of the West 120 ft. of Lot 3, Pinellas Groves Subdivision in the SW 1/4 of Section 1. Township 295. Range 15E, according to the map or plat thereof-as recorded in Plat Book 3, Page 15, of-the public records of Pinellas County, FL, less existing right-of-way. (A95.21) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 33. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County. Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED September 21, 1995 Rita Garvey, Mayor-Commissioner Approved as to form and le1 sufficiency- F-1 L a ie a Akin. City Attorney Attest: Cynthia ou eau, City Clerk I :..15 peg=_ joy-23 iofI to Foos 12 Faa; P-) r1 --- PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and'ZONING OWNER LINDR S. -PAPPAS ? --- zt APPLICANT DkN E.L R.. s ! Lv 1 E 1P110PE 11TY DESCIZIPTIOI{ : PtiN?LLl?S LAND USE PLAN ZONING Gkovr-5 I sw '/4 ' NOP rk RCS ti0?f•1 IAt- ? tl5 ??. A WEST. 12-o F+. j 0UNTY T A-- LOT 3, LESS NORTH So Ft. .MLDIum U.34 ACnI:s CITY RE.S D t=-f4 71AL hIGIIT OF. WAY MEDI UM ?cnC, PLAITING and ZO?JII10 110AnD CITY COMMISS10H SE-CTIO?I TOwt151I1p 2 ?} S IiA110E ! Jc- I; ATLAS PAoEi Z (p 2 A EXHIBIT A 1 Dl?T .v. Rj7 i ?• F ?a P _ q? ORDINANCE NO-5899-9 5 AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD, WEST OF NORTH HERCULES AVENUE, CONSISTING OF THE NORTH 175 FT. OF THE WEST 120 FT. OF LOT 3, PINELLAS GROVES SUBDIVISION IN THE SW 1/4 OF SECTION 1. TOWNSHIP 29 SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS. 1939 SUNSET POINT ROAD, LESS THE EXISTING RIGHT-OF-WAY, AS RESIDENTIAL MEDIUM: PROVIDING AN. EFFECTIVE DATE. ai WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE. CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by-designating the land use category for the hereinafter described property as follows: Property. Land Use Category The North 175 ft. of the West 120 ft. of Lot 3. Pinellas Groves Subdivision in the SW 1/4 of Section 1. Township 29S. Range 15E, according to the map or plat thereof as recorded in Plat Book.3, Page 15, of the public. records of Pinellas County, FL, less existing right-of-way. (LUP 95,24) Residential Medium Section 2.. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5898-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal suff'ciency: 0 - I L ame a in City-Attorney September 21, 1995 Rita Garvey Mayor-Commissioner Attest: yn is ou eau City Clerk -,j 5 ti tifq? 22 isms 2s Ir sl.1 IN 12 G R lot L??1DR S. QAPPA.S 0 wN1= 11 AP PLICAHT DbyN ?E L R., .s I LV I E -A z. r PhOPI111TY DESChII'TIOW PINELLkS LAND USE PLAN 7_pP?1ING G?I?ov?.s, sw %. ? NoRrN WEST 12-o I~+• 3 RE51bEMT lAL A- E L07 L.E.s5 NoRTK so F+, ou?tT'I' .t\ALD!UM Q.3L4 AcllEs CITY Re 51 DI~N r1AL nIGHT OF. WAY NALt1 uM ACnES PLA1MING end ZOMHO DOAnD CITY COMMISSION SECTION j, TOWNS-1111' 2 9 nANaE 1 5 E kTLA5 PAGE Z Cn 2 A - PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION an&zONING ORDINANCE NO. 5900-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF SUNSET POINT ROAD. WEST OF NORTH HERCULES AVENUE, CONSISTING OF THE NORTH 175 FT. OF THE WEST 120 'FT. OF LOT 3. PINELLAS GROVES SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1939 , SUBSET POINT, LESS THE EXISTING RIGHT-OF-WAY, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS MULTI-FAMILY RESIDENTIAL 16 (RM-16): PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Propertv The North 175 ft. of the West 120 ft. of Lot 3. Pinellas Groves Subdivision, in the SW 1/4 of Section 1, Township 29S, Range 15E, according to the map or plat thereof as recorded in Plat Book 3, Page 15. of the public records-of Pinellas County, FL, less existing right-of-way. (A95-21) -Zoni no -Di,stri ct -RM-16 - Multi-Family Residential 16 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 shall take effect immediately upon adoption, subject to the adoption of Ordinance No. 5898-95. PASSED ON FIRST READING September 21, 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and ie 1 suf iciency: Pamela Akin,ity Attorney 4 Rita Garvey Mayor-Commissioner Attest: ynt 1a ou eau,_ ity Clerk ??] 5 IFl :.. Ib?i PO Kw Doi tact '7- 1 PPOPOSEb ANNEXATION LAND USE PLAN CLASSIFICATION and ' ZONING OWNEn LIMDA S. PAPPA.S APPLICANT Z>-kW DEL. R., S I LV I E 'LAND USE PLAN RES1DLK'T' kAL• ?ourlrY MED I U M ZONING A- I- -74 1S-- 2- 1. P110PE TtTY DESCnlPT1014: PINEUAS GkoVE?s , 5w V4 , NORTH %15 ??. o? WEST Q-o F+., Lo -r S% L5.5 5 NORTH So F+• Q.34 Acncs CITY R.ES 1 p LII T1AL hIGIIT or W AY ME-b1 UM kCnCs I'LAII?IING end1 ZON1110 13OAnD CITY COMMISSION SECTION i TOWNS111P 9 s nANOtr S .!± ATLAS hAC31; Z /4 --` ORDINANCE NO. 5903-95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF McMULLEN BOOTH ROAD, NORTH OF STATE ROAD 590. CONSISTING OF M & B 32/05, IN SECTION 4, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 1850 McMULLEN BOOTH ROAD, INTO THE CORPORATE LIMITS OF THE CITY. AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION: PROVIDING AN EFFECTIVE DATE. a:3 WHEREAS, the owner of the real property described herein and depicted on the map attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with 'all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1, The following- described property is hereby annexed into the City of Clearwater and the boundary lines of the City are redefined accordingly: See Exhibit B attached. Section 2. The provisions of this Ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of-all easements; parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer,- the City Clerk and the 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 Clerk of the Circuit Court and with the County Administrator of Pinellas County., Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING September 21, 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal sufficiency: /1, - L k. / P-a-m-d1a K. Akin CityAttorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk WOODS 5 S •bS' 7 w w .? c. w C GS7LF Is?. 2 87-13 •?sr = r Itiv ? :0 52 IY ? w 0318 fi?'n`` n i Q'•+ n1 n • ? n.r'_-"i=.:-.• •? w_ •..i. ?'t+r"- .' nen? iS ?10 5 ?V ?J / `q = _ J i R S 3p T QL?Rw4TLi1 G/C^C Co ?at•y .:•?. :4 , ?• ,. -;-_.i.? ?? 771? TT11 ` Jp 70' In ff. ? . 1n?.?• c•„es ? .i?: '• • z-s'.?? i ?'-,5 ! ' 6 f 7 7 `.mod,' ?. 7607-11•? - = :.; ' ADD 10 ,? ?SL f 15 f I I 1 I I •'ti•`!?? ?_. ..r;..:'?'r.c• -. 's'_.. 26A 16 + 27 ? ? C n O f .CrI ? f b. .,+3 ?4?1 .•?.U .. -• _ ..C•+T' f?1 =?,. ?! i w r n o n? 1?-' ?? N 3.•... -,:.yam 25A 25 'R ?' , a CITY •7n? a G L y? a 1' ` e° ;° 1 ,' ,, 0'"'LO I -c:.'.s?i'• ?: - s:;', ;-4 -x•?: Z `? PROPERTY ?rfti -•y.a!l. ?8 1 17of '3 - 1 . Ie OA 7607.. ?.__ • ; •= ?7? ....^`_,•``:'?'• I V) -?? 7 iii ;.rrar?.??:?, .. la 71 PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING - OWNER c00S jTR`C S ?D E CF-1A1ST; A tj APPLICANT G E 1J T E p 'LAND USE PLAN ZONING A.q5-22 PROPERTY DESCRIPTION M GI 8 S2 i 05 COUNTY I N ST• tTui'1 a NA L 12 P D S CITY If NST17v."IONA c- 18.90 ACRES P rs p I RIGHT OF. WAY r f ACRES PLANNING and ZONING BOARD CITY COMMISSION SECTION OC.( TOWNSHIP 2CI 5 RANGE lG E ATLAS PAGE 26 S A EXHIBIT A _ LEGAL DESCRIPTION That part of the Southwest 1/4 of Section 4, Township 29 Souk Range 16 East, Pinellas County, Florida, described as-follows: Begin at the Southwest corner of the Northwest 1/4 of the Southwest '. 1/4 of said.Section 4-for a point' of beginning and run thence N45°1.4'35"E 1219.16 feet; thence S89°47'06"E 437.22 feet to a point on the West right-of-way.of McMullen Booth Road (State Road 593); thence along said West right-of-way S0°12'54"W 326.41 feet; thence N89°47'06"W 17.00 feet; thence continue S0°12'54"W 828.75 feet along said West right-of-way of McMullen Booth Road (State Road 593); thence N89°27'25"W 492.43 feet to the East boundary of Sail's Lake Park 3rd Addition, as recorded in Plat Book 71, Page 21, of the public records of Pinellas County, Florida; thence N5°45'45"E 236.01 feet along said'East boundary of said Sail's Lake Park 3rd Addition; thence N89°23'30"W 813.22 feet along the North boundary of. said _ Sall's Lake Park 3rd-Addition to the West boundary of•-sai-d Section 4; thence N0°19'19"E'50.20 feet along the west boundary of Section 4 to the point of beginning, less-roadway rights-of-way of public record. EXHIBIT B i? ORDINANCE NO. 5904.95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA. AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF. McMULLEN BOOTH ROAD, NORTH OF STATE ROAD 590, CONSISTING OF M & B 32/05 IN SECTION 4, TOWNSHIP 29 SOUTH. RANGE 16 EAST, WHOSE POST OFFICE ADDRESS IS 1850 McMULLEN BOOTH ROAD, AS INSTITUTIONAL: PROVIDING AN EFFECTIVE DATE. q a` WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan,. now, therefore, BE IT ORDAINED BY THE CITY COMMISSION-. OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the -hereinafter described property as follows: Propertx Land Use Category See Exhibit A attached. Institutional Section 2. This ordinance shall take effect immediately upon adoption, contingent upon and-subject to the adoption of Ordinance No. 5902-95. PASSED ON FIRST READING September 21, 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and Attest: legal s ff'ciency: dame a in Cynthia ou eau City Attorney City Clerk . r S LEGAL DESCRIPTION That part of -the Southwest 1/4 of Section 4. Township 29 SoAh, Range 16 East; Pinellas County, Florida. described as follows: Begin at the Southwest corner of the Northwest 1/4 of the Southwest 1/4 of said Section 4 for a point of beginning and run thence N45°14'35"E 1219.16 feet, thence S89°47'06"E 437.22 feet to a point on the Weft right-of-way of McMullen Booth Road (State Road 593): thence along said West right-of-way S0°12'54"W 326.41 feet: thence N89°47'-06"W 17.00 feet: thence continue SO°12' 54"W 828.75 feet along said West right-of-way of McMullen Booth Road (State Road 593): thence N89°27'25"W 492.43 feet to the East boundary of Sall's Lake Park 3rd Addition, as recorded in Plat Book 71, Page 21, of the public records of Pinellas County, Florida: thence N5°45'45"E 236.01 feet along said,East boundary of.said Sall's Lake Park 3rd Addition: thence N89°23'30"W 813.22 feet along the North boundary of said SalV's Lake Park 3r_d Addition to the West boundary of said Section 4: thence N0°19'1.9"E 50.20 feet along the west boundary of Section 4 to the point of beginning, less roadway rights-of-way of public record. EXHIBIT A 3 rn51 , v. i 42 56 f 53 1171 pt0 rfrr lRf+ r a^ ?w 8 L 1 w loss WOODS •3 I 57 4Gj 70 $ Foss Iss' + $861 rasa s n 6 S i MI Jrfs. 4{ 15 rase f ,es+ 64 ', r " ~ W 3 Isla I fi5 raze , re7e 10 a O o I toss a5 55 68 s?E 1'+4005 LA ]t i W Ian: v`t rfsl66 ">• 11 • ra!! W a w O Y If! W 5J as?. 2 $7--?3 x 10 ,e.7 T 3 4 o pf.1 60 8.51 52 Ae ral+ =r: h i ° R wl7-160a sea! r '?t5 .,rf Y.".a;,? ^' ??'• ~':.t~=.. ` ' :r• ice:..:: y? y^pM wT .`. w?.,..t ? .? •.•• r? Y ^^`'ti tw',i !;:??'-. e1u at v -`ate` = _ ti tl.:r; •_:4rr Y:.:: nr;aY:•- +•... ctrl Z f: < 4 a ? .:.•:. .ay. ••?:+:''r.? - ;-?????`• ' ':'""?4.rt?:' ? ? ? •. _: r . C ra:r5 J+? 17 -Y., `^1 ,.i• r' y ci a ??w -.. = r-/ ^.•d ???IEy ".•,ti,? =,c"•E?L;•?1"' 't.rt-: ?',y?..%?C.?'?.Y - .n, r •` ?f•••?'• i 51 60 .d?_a' ..`n•.•?..•s a_?: •?:sC'"etiaw?r.a?7? ?1?.: _ '.?>.: •?, ??S• a.. 26 'r""v..?''""••T`wter'y? f I Cdr s '?? ...?,? -~•:a?_?w?" ?.:.??...7?'„•4 !+;C'i e .-. 'r {r19?? ._?." ? ==slur.a•irr:.,_-ttn•??,..'•-,1,.:.:^I,! r+ i-`?:'+it. '..., ?_?. . ,r.• 25 •TM' >` .., ?'1-= per ri T1? r Al +a:y •.. .'? . ??ti.w_ •' .,_, _ :.-"A:: ?:?••-.w? ? •„ •rt. •• , - _ rl.?..-?'-rl L ::'•. •i_?:?? ?e? 21 ....w= lt?•. ..:.•:???.. t:.w+a: -_r.sy_•i+!: ?•.'rnt^?••-:•..; ?.; ?' .-. • LJ ..a`: ..... w•.::-: ;4•_'y....4 Haiti itaw•v.c ??r+-+?'3 by .:i?t;? rL:? •.? •i'.. 3:?.'. p 23 41 /oB ~ »_??.. •• •' ?„?,c: wa'.•r:•-r?f?:Ls•??• .i.?'%' ?!••` t,a:.l^.'i?:-?. r.• ... i.?r. :?•j. ;e ?, •'? •:'i. ;. ..?, a. ..r..ri ?T^Ji. _.!....•e. ^; ':%' ,.T rt.,?• ? ? .;.t' ...'..?7••.r .r:'•''.: .• •t•' ii. Mkt.'.' .•^?r f ;+•?': •-?:4 -fir.. A: ?.:. ~yi=i '?: _ -t - :l.+i.r,:w "?•?•. .7: •'t ? .?:.'? Wit.. ,..L ? • _ - - -^r+? . c': ?.?! ' -r 1-::.. { ;°': t ; :• :. ,'; ;?::.:3L/C' , 50 51.52 ,6 53 [fill! Hffl flu,"111111111 Iflill WHO III 1111911111111111111111111111111111 °. # 5a 14 SALIS ?'?LRF?i Is7sr S a 2 Z' a ,• 6 I` 7 BOI " ° °$ ob ° ? 5o a e '• a IIVJJ.]./R ?'r. `.•-._,.. ??:_•.;,.•.•_ •. .-:? I r n n r, n n n n .? ., ., •• ? .ti _ _ _?? BLIC /pu S.. CROIX ORir pARI( -r• ?:. ?4_ ,'?':. ?.?. =; .;• 33/13 C M ; r7ep o oie I .I ,i ;;I ?I 01 0 =': _ t r' F 25 Me it + fliallifilluinlir it I'M Z? 9A? 1 ! I S,? 7 16 5?? 77••??•7??t So 1 CLLMwti1'{R• t0• in0/Fs9 Lira., ••':.i.:'wi :^?y -t4i t? 1 K Y.L1J.J S 17`??`ra ??. 7602-tin I • ?':x?y ..r _ 47 .z.,,, , 26t, 6 •451 c' : I .. f7 ? ? i l: ? ? ?' w.:l? 5= •__ - _ ?."? ?!? s,?.." ? ? ; .-. „7•Z t , ? ? h h i h( O h t _ 33/433 i s -??.a?`~,-'i?.I-?S 25 ?s??• i S.tiq,4•f ti ^ „ ?-?,?, _ - -?. c•? r.-- 25A e 4 60 ?t ^ S 5 DRf1? n n 33/C3 In, !7511 2'' ° PACpER TY `a+ y1'ti_: "J_??. ;L..i ,h:w -.,? .•?:. `r V ,2 67 nRitjao7- I;:•,=; Y'+ OT.57:, -.-?`-'?.:= i;r• ?f i +? iw i +a 713 I ?? i '.? ... ?. f T`_:r. T "_ s:::??:? ?:c??i•-s•^y?.G? r^-?.tt PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and'ZONING _ 0WHER C0uQTR`CS (D E C}-1R?STI+4tj APPLICANT C. F Q T E R 'LAD USE PLAN COUNTY NST'VrUT•10NA L- CIT-Y t N s-ryTvrlo N R I- I PLANKING Ind ZONING 90ARD ZGNING A.q5-T2 PROPERTY DESCRIPTION M GI g 3 2 i o 5 RIGHT OF. NYF.Y T P SP ACRES CITY COMMISSION A SECTION C) L4 T 0 W H S H I P 2q S RANGE IG E ATLAS PAGE 2G 13 ORDINANCE NO. 5905-95 C AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF McMULLEN BOOTH ROAD. NORTH OF STATE ROAD 590, CONSISTING OF M & B 32/05, IN SECTION 4, TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST OFFICE-ADDRESS IS 1850 McMULLEN BOOTH ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS PUBLIC •, SEMI-PUBLIC (P/SP): PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be • reasonabl e , proper and appropriate, and is consistent with the City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida. is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoning District See Exhibit A attached. Public/Semi-Public - P/SP Section 2. The Central Permitting Di rector . i s directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption. "subject to the adoption,of Ordinance No. 5903-95. PASSED ON FIRST READING 5epeember.21, 1995 PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Approved as to form and legal ffici ncy: 4 A Pamela K. Akin City Attorney Attest: Cynthia ou eau City Clerk LEGAL DESCRIPTION That part of the Southwest 1/4 of Section 4, Township 29 South, Range 16 East, Pinellas County, Florida, described as follows: Begin at the Southwest corner of the Northwest 1/4-of the Southwest 1/4 of said Section 4 for a point of beginning and run thence N45°14'35"E 1219.16 feet; thence S89°47'06"E 437.22 feet to a point on the West right-of-way of McMullen Booth Road (State Road 593); thence along said West right-of-way S0°12'54"W 326.41 feet; thence N89°47'06"W 17.00 feet; thence continue 50'12'54"W 828.75 feet along said West right-of-way of McMullen Booth Road (State Road 593); thence N89°27'25"W 492.43 Jeet to the East boundary of Sall`s Lake Park 3rd Addition. as recorded in Plat Book 71, -Page 21, of the public records of Pinellas County, Florida; thence N5°45'45"E 236.01 feet along said East boundary of said Sall 's Lake Park 3rd Addition; thence N89°23'30"W 813.22 feet along the North boundary of said Sall's Lake Park 3rd Addition to the West.baundary of said Section 4: thence N0°1.9'19"E 50.20 feet along the west-boundary of Section- 4 to the point of beginning, less-roadway rights-of-Way of public record. EXHIBIT A WOODS u+o w Q fi S 33rKi ? a sr CASTLE wrvenc IA ? ! . i", , 87-13 ,Asp I rl?°1?'M?52 J3/R h [ i , /Q• 91 p r o C .' - w l Ga M1: n 3 n • t,.. yy :. 4§ ? 9! < < FV, It ,T7 I ^ 6 ?iDID ? 3 ?? .r 76Q}-1!S] ?? ?'-ls-: .'i--?•i •'' .. ; 26 t -- .-._ 16 1 P, V e ?^ ^ ? 8 ^ Q J1rr 33 Q3 j..??',c?::?.,, ?: •'??if?-'.? :.•„^' =.`''r > ? ,? q G, W C1Y s.?r?:,t•C ? ?.? y M. i??? r.iT. P4ooEqrr ? ?•:FS?=" : ;??-?fi,'.,',,r,.,;?? ;'.?, :?+ '.; ; O.R 7502- 71-216 _... +J, :.'•-"?:r?'?:•. :?1.•?) s . ?? ......... • . ... C =•n"'s.:rr ..y; ??:J"'=,•?..G.wr^? ?V ? • PROPOSED ANNEXATION LAND USE PLAN CIL:ASSIFICATION and ZONING OWNER C o u Q -r FzY S I O e C E-1 lz l !s A rJ APPLICANT c. F II -r c:* to 'LAD USE PLAN ZONING A. 95- 2S PROPIrRTY RESCRIPTIOH M G, 8 -32 i 0 K COUNTY > p C,7- t"CUTI o 14A L. R p p r CIT.Y ti N S'717Vrto 0 A L_ p r5 P 1 RIGHT OF. WAY 1'6.90 ACRES . r - ACRES PLANNING and ZONING SOARS CITY COMMISSION - SIwCT10H O L•( 7owNsviIP 2q S RANGE 16 E ATLAS PAGE 26 6 A hY 'r 4 AGENDA ITEM F 9?? CLEARWATER CITY COMMISSION Agenda Cover Memorandum Item 0 Meeting Date: TER. Subject: DECT..ARATION OF SURPLUS PERSONAL PROPERTY AND DISPOSAL AUTHORIZATION Recommendation/Motion: Declare the following list of personal property surplus to needs of. the City of Clearwater and authorize disposal through Tampa Machinery Auction, Tampa, Florida, in accordance with Sec. 2.622 Surplus Sales over $5,000.00 Code of Ordinance Z) and that the appropriate officials be authorized to execute same. BACKGROUND: General Services/ Fleet Administration has removed the following items from service and recommend declaration as surplus disposal. Each item has been inspected by the Fleet Administrator and Director of General Services. All items will be sold to the highest bidder at Tampa Machinery Auction, Tampa, Florida, the County Cooperative Auctioneer of record. Proceeds will be returned to the department that originally owned the property. Reviewed by: Legal N111A Budget Purchasing Risk Mgmt. N/A DIS ACM ?- Other J - Submitted by: ity Manager Originating Dept.: Finance /J J+'`' User Dept.: Advertised: Date: Paper: Z Not required Affected parties ? Notified ? Not required Costs: 'total Currant FY Funding Source: ? Capt. Imp. ? Operating ? Other Appropriation Code: Commission Action: ? Approved ? Approved wlconditions ? Denied ? Continued to: Attachments: Surplus Property List ? None SURPLUS XQUIPHZKT LIST - OCTOBER SALE PAGE 1 EQUIPMENT DEPARTMENT NUMBER /DIVISION MAKELDESCRIPTION YEAR SERIAL NUMBER MILEAGE/HOURS 01282 POLICE DODGE 1984 183BO2647EX548572 51,392 MILES 01300 POLICE DODGE 1984 183BO264SEX548537 40,842 MILES 01108 POLICE DODGE 1986 1838026230X603469 100,184 MILES 01279 FLEET DODGE 1986 1B3BG26510X603485 44,864 MILES G1118 POLICE DODGE 1966 1B3NG2658GX603483 101,095 MILES 01286 POLICE DODGE 1984 1B3BG2645EX548568 69,575 MILES 9882.2 FLEET DODGE 1985 JB7FP24DXPP702793 47,485 MILES 1681.373 FLEET DODGE 1985 JB7FPZ4D7FP702864 49,521 MILES 6530.64 FLEET FORD 1986 1FTHF25Y90NA28100 54,921 MILES G66 POLICE FORD 1986 1PA13WM4017196914 58,6D5 MILES 01087 GAS FORD 1967 1FDJF37H6HNA98493 126,544 MILES 01354 IM/GRAPHICS FORD 1987 IFTDS15N3HHB92279 t 81,662 MILES 1332.1 POLICE DODGE 1985 1B3BG2645EX573052 $2,006 MILES 01045 OAS FORD 1986 1FDJF3716GNA20278 104,850 MILES G1320 POLICE JEEP 1985 1JCIIB7819FT139401 99,170 MIKES G1042 GAS FORD 1986 IFTHF25YOGNA28105 104,850 MILES 01379 PW/SOLID WASTE CRANE CARRIER 1985 IGYCA028OGTO35361 74,084 MILES 01189 PW/SOLID WASTE FORD 1969 4FDXF37113KNB47418 69,915 MILES 0100 POLICE JEEP 1990 1J4FJ28L7LL218463 63,021 WILES 0110 POLICE CHEVROLET 1990 IG1BL54741,A137454 93,290 MILES G11 POLICE CHEVROLET 1985 1G1G237Z3FR127798 83,414 MILES 1132.392 POLICE FORD 1989 2FABP72F3KX193978 51,868 MILES 1132.387 POLICE FORD 1989 2FABP72FBKX193975 14,669 MILES 1132.358 POLICE FORD 1988 2FABP72F2JX171690 79,695 MILES 1132.354 POLICE DODGE 1985 1B3BO2640FX573055 65,686 MILES G1321 FLEET DODGE 1976 D11AB6S299497 55,658 MILES 023 POLICE AMC 1989 JE3CU36X7KU066249 77,459 MILES G1277 FLEET FORD 1979 F27BNEC0171 54,659 MILES G102 POLICE JEEP 1990 1J4FJ28L4LL218487 70,420 MILES 0117 POLICE CHEVROLET 1981 1G8EK184BF142801 103,485 MILES 01109 GAS DODGE 1985 2B711B23112FK208897 106,055 MILES G1313 FLEET CLARK BOBCAT 1980 4958MA1887BTTIC30 2,454 HOURS NONE FLEET SCREEN ENCLOSURE UNK NONE NOT APPLICABLE NONE FLEET L-SHAPED FUEL TANK UNK NONE NOT APPLICABLE NONE FLEET MOTOR GENERATORS UNK NONE NOT APPLICABLE NONE FLEET STEEL SHELVING UNK NONE NOT APPLICABLE NONE FLEET OBSOLETE VEH PARTS UNK NONE NOT APPLICABLE NONE FLEET OBSOLETE FILTERS UNK NONE NOT APPLICABLE NONE FLEET TOY TRUCK UNK NONE NOT APPLICABLE NONE FLEET OBSOLETE WHEELS UNK NONE NOT APPLICABLE NONE MARINE GE WATT HOUR METERS UNK NONE NOT APPLICABLE NONE FLEET SOLAR SHADES UNK NONE NOT APPLICABLE NONE FLEET STEP BUMPER UNK NONE NOT APPLICABLE REASON FOR DISPOSAL POLICE VEH WORN OUT POL VEH REP COSTLY POLICE VEH WORN OUT OPR COST $.731MILE POLICE VEH HI MILES POLICE VEH WORN OUT REP COSTLY/RUSTED REP COSTLY/RUSTED REP COSTLY/RUSTED CPR COST $2.276/MI OPR COST $1.723/14I III MILES/ENG BLOWN POLICE VEH WORN OUT OPR COST $1.374/MI POLICE BCH VEH WORN HI MILES/BURNS OIL OPR COST $3.53/MILE OPR COST $1.721/MI SEAT BELTS NOT SAFE HI MILES/ENG BLOWN HI MILES/REP COSTLY POL VEH WRECK CANBL POL VEH WRECK CANBL POL VEH WRECK CANBL POL VEH WRECK CANBL OPR COST $1.36/MILE FOREIGN PARTS OBSLT LP FUEL VEHICLE SEAT BELTS NOT SAFE POLICE VEH WORN OZrT III MI/ENGINE WORN III HOURS/NO NEED NO USE W/ERIC/GEBDO NO LONGER NEEDED NOT NEEDED/LOW WATT WORN OUT/RUSTED OBSOLETE/NO NEED PAR'I'S NO LONGER USE NO USE/WAS A GIFT NO USE TO FLEET NO LONGER NEEDED PROMO ITEM/NO NEED USING ANOTHER TYPE SURPLUS ZQQEPHXNT LIST - OCTOBRR BALE PAGE 2 EQUIPMENT DEPARTMENT NUMBER DIVISION MAKE/DESCRIPTION YEAR SERIAL _NUMPF.R MILEAGE/11011115 REASON FOR DISPOSAL 0945 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM IM BEEN REPLC 0947 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC G04B PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1678.20 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM 105 BEEN REPLC 1691.744 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1691.767 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1691.775 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1691.776 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1691.799 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1691.807 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1691.835 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1691.836 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1691.839 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1691.841 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 1691.844 PARKS POWER TRIM EDGER UNK UNKNOWN NOT APPLICABLE ITEM HAS BEEN REPLC 01203 PUBLIC SERVICE LINE TRIMMER UNK UNKNOWN NOT APPLICABLE PARTS CANNIBALIZED 2090.6 PUBLIC SERVICE LINE TRIMMER UNK UNKNOWN NOT APPLICABLE PARTS CANNIBALIZED 01204 PUBLIC SERVICE CHAIN SAW UNK UNKNOWN NOT APPLICABLE PARTS CANNIBALIZED 6367 PUBLIC SERVICE BLOWER UNK UNKNOWN NOT APPLICABLE PARTS CANNIBALIZED G769 PUBLIC SERVICE ECHO BLOWER UNK UNKNOWN NOT APPLICABLE ITEM DOES NOT WORK G785 PUBLIC SERVICE ECHO BLOWER UNK UNKNOWN NOT APPLICABLE ITEM DOES NOT WORK 1346.119 PUBLIC SERVICE HOMELITE SAW UNK UNKNOWN NOT APPLICABLE ITEM DOES NOT WORK G814 PARKS LAWN BOY MOWER UNK UNKNOWN NOT APPLICABLE REPAIRS TO COSTLY 0822 PARKS LAWN BOY MOWER UNK UNKNOWN NOT APPLICABLE REPAIRS TO COSTLY 1341.150 PUBLIC SERVICE GRAVELY MOWER UNK UNKNOWN UNKNOWN ITEM NO LONGER NEED 01317 PUBLIC SERVICE PRESSURE WASHER 1975 UNKNOWN NOT APPLICABLE ITEM NO LONGER NEED P1691.43 PARKS STIHL CHAIN SAW UNK UNKNOWN NOT APPLICABLE REPAIRS TO COSTLY P1691.46 PARKS STIHL CHAIN SAW UNK UNKNOWN NOT APPLICABLE REPAIRS TO COSTLY P1691.47 PARKS STIHL CHAIN SAW UNK UNKNOWN NOT APPLICABLE REPAIRS TO COSTLY G1323 FLEET GAS ARC WELDER 1974 A740740 NOT APPLICABLE ITEM IS OBSOLETE NONE FLEET ZEP PARTS WASHER UNK 1073303 NOT APPLICABLE HAZARDOUS WASTE DIS NONE FLEET ZEP PARTS WASHER UNK 1073331 NOT APPLICABLE HAZARDOUS WASTE DIS NONE FLEET JAMISON FARTS WASH UNK UNKNOWN NOT APPLICABLE HAZARDOUS WASTE DIS NONE FLEET JAMISON PARTS WASH UNK UNKNOWN NOT APPLICABLE HAZARDOUS WASTE DIS NONE FLEET R&D PARTS WASHER UNK 3576074 NOT APPLICABLE HAZARDOUS WASTE DIS NONE FLEET TANK UNK UNKNOWN NOT APPLICABLE ITEM IS OBSOLETE NONE FLEET HANNAY HOSE REEL UNK E1626-17-18 NOT APPLICABLE ITEM IS OBSOLETE NONE FLEET DELCO PRESS WASHER UNK 48S3453001BP NOT APPLICABLE ITEM IS OBSOLETE 6600.207 FLEET DELCO PRESS WASHER UNK UNKNOWN NOT APPLICABLE ITEM IS OBSOLETE NONE FLEET BINKLEY STH WHEEL UNK UNKNOWN NOT APPLICABLE ITEM IS OBSOLETE NONE FLEET TOOL BOX UNK UNKNOWN NOT APPLICABLE ITEM IS WORN OUT NONE PARKS YAMAHA CARTS (3) UNK UNKNOWN NOT APPLICABLE EQUIP N/COMPATIBLE NONE PW/SOLID WASTE HYD CYLINDERS (6) UNK UNKNOWN NOT APPLICADLE EQUIP N/COMPATIBLE 01322 FLEET LIQ. DISP. PUMPS UNK UNKNOWN NOT APPLICABLE ITEM WORN/OBSOLETE NONE FLEET AUTO JACKS UNK UNKNOWN' NOT APPLICABLE TIRE CONTR/NO NEED 01310 PW/WPC ELECTRIC GOLF CART UNK UNKNOWN NOT APPLICABLE ITEM IS WORN OUT NONE FLEET OXYGEN CART (2) UNK UNKNOWN NOT APPLICABLE ITEM IS WORN OUT NONE FLEET TOWING HOOKS (14) UNK UNKNOWN NOT APPLICABLE TOWING ITEMS N/A NONE FLEET GAS PUMP MOTORS UNK 325954952 140T APPLICABLE NO LONGER HAVE PUMP NONE FLEET GAS PUMP MOTORS UNK 325954954 I40T APPLICABLE NO LONGER HAVE PUMP NONE FLEET ELEC. DRILL MOTORS UNK UNKNOWN NOT APPLICABLE ITEM IS INOPERABLE NONE FLEET FUEL TANK UNK UNKNOWN NOT APPLICABLE ITEM WORN 4 N/A SURPLUS EQUIPMENT LIST - OCTOBER SALE PAGE 3 ITEM DESCRIPTION COUNTY ASSET TAG NUMBER SERIAL NUMBER MOTOROLA PAGER 56700 R46BME1554 MOTOROLA PAGER NO TAG R46BME1557 MOTOROLA PAGER NO TAG R46BMY2491 MOTOROLA PAGER NO TAG R46BMY2493 MOTOROLA PAGER NO TAG R46BME1551 MOTOROLA PAGER NO TAG UNREADABLE MOTOROLA PAGER NO TAG R46BME1540' MOTOROLA PAGER NO TAG R46BME1555 MOTOROLA PAGER NO TAG R46BME1548 MOTOROLA PAGER NO TAG R46BME1553 MOTOROLA PAGER NO TAG R46BMY2494 MOTOROLA PAGER NO TAG R46SKE1550 MOTOROLA PAGER NO TAG UNREADABLE MOTOROLA PAGER NO TAG R46BME1549 PAGER CHARGER 58706 NO SERIAL # PAGER CHARGER 58708 NO SERIAL # PAGER CHARGER 58697 NO SERIAL # PAGER CHARGER 58707 NO SERIAL # PAGER CHARGER 58698 NO SERIAL # PAGER CHARGER 58704 NO SERIAL # PAGER CHARGER 58705 NO SERIAL # PAGER CHARGER 58701 NO SERIAL # PAGER CHARGER 58709 NO SERIAL # PAGER CHARGER 58696 NO SERIAL # PAGER CHARGER 58700 NO SERIAL # PAGER CHARGER CLEARWATER TAG# 12994 NO SERIAL # PAGER CHARGER NO TAG NO SERIAL # MOTOROLA MOTRAC NO TAG E-28497 MOTOROLA MOCOM 70 NO TAG PE02528 MOTOROLA MICOR NO TAG 203CDE0721 MOTOROLA MICOR NO TAG 203CDE0723 MOTOROLA PAC 54888 287ALC0053 MOTOROLA PAC 54887 287ALC0054 MOTOROLA PAC 58712 287AMG0123 MOTOROLA MICOR NO TAG 203CDE0720 MOTOROLA MICOR NO TAG 203CDE0718 MOTOROLA MICOR NO TAG 203CDE0719 SCANNER NO TAG 25512576 FYR-FYTR SIREN NO TAG NO SERIAL # STATUS 57424 32075 STATUS 57448 32066 STATUS 57415 32074 STATUS 57420 32089 STATUS 57417 32073 MOTOROLA PA NO TAG E288606 STATUS BOX NO TAG HOMMADE POTABLE REPEATER/CHGR. NO TAG NO SERIAL # POTABLE REPEATER/CHGR. NO TAG NO SERIAL # POTABLE REPEATER/CHGR. NO TAG NO SERIAL # MOTOROLA HT220 NO TAG 549F82 MOTOROLA H220 CHARGER NO TAG NO SERIAL # ASSORTED HARNESSES NO TAG NO SERIAL # SURPLUS EQUIPMENT - OCTOBER SALE PAGE 4 ITEM DESCRIPTION COUNTY ASST TAG NUMBER SERIAL NUMBER MOTOROLA CONVERTA COMM. 58682 230AME0527 MOTOROLA CONV£RTA COMM. 58683 230AJY1130 MOTOROLA CONVERTA COMM. 58692 230AME0523 MOTOROLA CONVERTA COMM. NO TAG 230AKU0305 MOTOROLA CONVERTA COMM. 58689 230AME0532 MOTOROLA CONVERTA COMM. 56679 230AME0521 MOTOROLA CONVERTA COMM. 58678 230AME0526 MOTOROLA CONVERT& CONK. 58688 230AME0524 MOTOROLA CONVERTA COMM. 58691 230AME0531 MOTOROLA CONVERTA CONK. NO TAG 230AFGa1879 MOTOROLA CONVERTA COMM. 58684 230AME0525 MOTOROLA CONVERTA COMM. NO TAG' 230AH91207 MOTOROLA CONVERTA COMM. 58680 230AME0520 MOTOROLA CONVERTA COMM. 58686 .230AME0518 MOTOROLA CONVERTA COMM. 58693 230AME0535 MOTOROLA CONVERTA COMM. 58690 230AME0528 MOTOROLA CONVERTA COMM. NO TAG 23@AHH1419 MOTOROLA. CONVERTA COMM. NO TAG NO SERIAL #t MOTOROLA CONVERTA COMM. NO TAG NO SERIAL # 's i f. 1 t S AL•a 9(si Clearwater City Commission Agenda Cover Memorandum Item # Meeting Date: 16•S l5 SUBJECT: Contract with Wright Express for Fleet (Unleaded) Fueling RECOMMENDATION/MOTION: Award a one-year contract (from November 1, 1995, through October 31, 1996), with a one--year option to renew, to Wright Express, Tampa, FL, for fleet (unleaded gasoline) fueling, at an estimated annual invoice cost of $428,650 which is the most responsive and responsible bid in accordance with specifications, ® and that the appropriate officials be authorized to execute same. BACKGROUND: The City currently operates two fueling sites: one at the City Hall Annex and the other at the Countryside Fire Station (No. 50). A mandatory requirement for City fueling is the ability to offer fueling service 24-hours a day, 7-days a week in geographical locations acceptable to the City's needs. Each site has three (12,000 gallon) tanks--one diesel and two unleaded with a total capacity of 24,000 gallons of unleaded gasoline and 12,000 gallons of diesel. Bids were solicited for outsourcing the City's unleaded and diesel fuel requirements. None of the four bid responses satisfactorily addressed the diesel fuel requirements, therefore, the diesel fuel specifications are now in the process of being re-bid. Wright Express, the recommended vendor, met all of the criteria in the City's specifications. It has 30 locations within the City of Clearwater and will provide priority service in the event of an emergency. The estimated annual invoice cost is $428,650; tax refunds will be returned to the general fund. All associated costs are included in the estimated annual invoice cost. BP Oil was disqualified due to its inadequate number of locations, their only 24-- hour site was expected to close within the next 6 months, and they offered no priority service in case of an emergency. Amoco met the minimum number of locations but was not selected due to its inability to offer priority service in the event of an emergency situation. International Automated was unable to provide priority service in the event of an emergency but it did have an acceptable level of 23 fuel sites. Reviewed by: Originating Dept: Costs: S 428,650 Commission Action: LegaL ?-' Gc ral Servi Total ? Approved Budget Purchasing _ S ?0 ? Approved w/conditions Risk Mgmt. _ A/A User Dept: Current Fiscal Yr. ? Denied cis N ACM various Funding Source: ? Continued to: other C] Capital Imp. Advertised: operating Attachments: Date: 7/21 8 28/95 ? Other Bid Tabulation/Bid Summary r" e Paper: Tampa Tribune 8 P.C. Contract r i) Review S t '`-}..? Not Required Affected Parties Notified Appropriation Code: 566-06611-5505000-519-000 © None ty anagal 0 Not Required 10 Printed on recycled paper - 2 - The pricing evaluation between Wright Express and International Automated could only be estimated due to the different pricing bases. However, based upon projected fill up quantities and the number of transactions, the pricing appears to be equal. A cost analysis is provided in the city Manager's backup report. Other factors include: • All underground fuel tanks must be removed by 1998 according to Federal regulations. The fuel site at the Annex needs to be removed by January 1996 to ensure that the site has its tanks removed and the site is cleaned up by March 1996. This timeline is necessary so that the City may proceed with its development plans for the East End Project. The fuel tank removal project is budgeted by Environmental,Management, but the true cost will not be known until the project is completed. + Federal regulations will require the city to convert some of its vehicles to alternative fuel and the City may decide to enlarge the scope of this project. However, the Federal Environmental Protection Agency and the Department of Energy and the associated authority rules and regulations may be changed as Congress evaluates these. departments. In the future, the resulting regulations may determine the volume of alternative fuels that the City may use versus conventional fuels. • Fleet Maintenance datz replaced in fiscal year totally unreliable due computer system "Tech repairs, however, this bid specifications and processing equipment is due to be upgraded or 1996/97. The fuel management data system pumps are to their age 'and/or lack of capacity. The fuel 21" is subject to frequent breakdowns and costly system will need to be maintained until the diesel the associated outsourcing contract is approved. During the one-year contract period, staff can initiate clean-up activities at the existing fuel sites, upgrade or modify data processing systems, and evaluate the updated, applicable Federal/State regulations. The time period for this contract will provide Fleet Maintenance, the Gas Department and Environmental Management the opportunity to conduct cost analysis to determine if the City should be in the fuel distribution business, the type of fuels to provide, site location problems, and associated liability issues. Information received during the evaluation of these specifications indicate that several major companies may develop new programs within the next year that will make outsourcing more viable to the City. There.will be no budgetary impact for FY 1994/95. Fiscal year impact for 1995/96 is estimated at $428,650, and sufficient funding has been included in the City Manager's recommended budget to fund this contract: Fleet Maintenance Fuel, 566- 06611-5505000-519-000. ?c 1 " CrTTY OF CLEARWATER REQUEST FOR PROPOSAL 135-95 - FLEET REFUELING SERVICE RESPONDING VENDOR LIST 1 MR. C.J. HUESTON INTERNATIONAL AUTOMATED 2600 GOLDEN GATE PARKWAY, SUITE 105 NAPLES, FLORIDA 33942 PHONE: 813/262-2600 MR. JAMES MOODY 2 BP OIL COMPANY 9040 ROSWELL ROAD, SUITE 500 ATLANTA, GEORGIA 30350 PHONE: 770/641-2411 3 MR. DICK RILEY AMOCO OIL COMPANY P.O. BOX 87707 CHICAGO, IL 60680 ' PHONE: 312/856-6671 4 MR. JOHN LEITNER ` WRIGHT EXPRESS 4946 EBENSBURG DRIVE TAMPA, FLORIDA 33647 PHONE: 813/971-0902 AD VERTXSTNG t. PINELLAS COUNTY REVIEW JULY 28, 1995 TAMPA TRIBUNE JULY 21,, 1995 SUMMARY OF REQUEST FOR PROPOSAL 135-95 SOLICITED: 21 RECEIVED: 4 NO RESPONSE: 15 NO-PROPOSAL RESPONSE 2 SUMMARY OF NO-PROPOSAL RESPONSES SCHED&E WILL NOT PERMIT 1 UNABLE TO MEET SPECIFICATIONS 1 CONTRACT This CONTRACT made and entered into this clay of , 19 , by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as the "City," and Wright Express, of the City of Tampa, County of Hillsborough, and State of Florida, hereinafter designated as the "Contractor." WITNESSETH: That the parties to this contract each in consideration of-the undertakings, promises and agreements on the part of the other herein contained, do hereby undertake, promise and agree as follows: The Contractor, and his or its successors, assigns, executors or administrators, in consideration of the fees as. herein after set forth to be paid by the City and to the Contractor, shall provide unleaded gasoline to the City at the designated locations, for the posted pump price plus a transaction fee of $.39/transaction. The Contractor also agrees to provide management information of the type and in the form as specified in the attached RFP and Bid proposal (Bid No. 135-95). In accordance with the City's attached technical specifications and the Contractor's bid response, together with any instructions to bidders, general conditions, and proposal, which may be hereto attached, are hereby made a part of this contract, and all of said wo•. k to be performed and completed by the Contractor and its successors and assigns shall be fully completed in a go(,,:i and workmanlike manner to the satisfaction of the City. If the Contractor shall fail to comply with any of the terms, conditions, provisions or stipulations as contained herein within the time specified for completion of the work to be performed by the Contractor, then the City, may at its option, avail itself of any or all remedies provided on its behalf and shall have the right to proceed to complete such work as Contractor is obligated to perform in accordance with the provisions as contained herein. THE CONTRACTOR AND HIS OR ITS SUCCESSORS AND ASSIGNS DOES HEREBY AGREE TO ASSUME THE DEFENSE OF ANY LEGAL ACTION WHICH MAY BE BROUGHT AGAINST THE CITY AS A RESULT OF THE CONTRACTOR'S ACTIVITIES ARISING OUT OF THIS CONTRACT AND FURTHERMORE, IN CONSIDERATION OF THE TERMS, STIPULATIONS AND CONDITIONS AS CONTAINED HEREIN, AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAGES, COSTS OR SUITS, JUDGMENTS OR DECREES RESULTING FROM ANY CLAIMS MADE UNDER THIS CONTRACT AGAINST THE CITY OR THE CONTRACTOR OR THE CONTRACTOR'S SUB-CONTRACTORS, AGENTS, SERVANTS OR EMPLOYEES RESULNNG FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUB-CONTRACTOR, AGENTS, SERVANTS OR EMPLOYEES. In addition to the foregoing provisions, the Contractor agrees to conform to the following requirements: ?Yt'!Y*.p-..r §t. ..... ......• 4 . {, s ..j ?a .. a is , a ..> i In connection with..the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, sex, religion, color, or natural original. The aforesaid provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; fay-off or termination; rates of pay or other form's of compensation; and selection for training, including apprenticeship. The Contractor i agrees to post hereafter in conspicuous places, available for employees or applicants for employment, notices to be provided by the contracting officer setting forth the provisions of the non-discrimination clause. The Contractor further agrees to insert the foregoing provisions in all contracts hereunder, including contractors or agreements with labor union and/or worker's representatives, except sub-contractors for standard commercial supplies or raw materials. 2 } IN WITNESS WHEREOF, the parties to the agreement have hereunto set, their hands and seals and have executed this Agreement, in duplicate, the day - and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTYO FLORIDA (SEAL). By: Elizabeth M. Deptula City Manager Countersigned: By. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Approved as to form and legal sufficiency: Paul Richard Hull Assistant City Attorney (Contractor must indicate whether Corporation, Partnership, company or Individual.)- (Contractor) (The person signing shall, in his own handwriting, sign the _ Principal's name, his-own name, and his title; where the person is signing for a corporation, he must, by Affidavit, show his authority tR bind the corporation). By: SEAL 3 .¦ 'k? 09/29/95 13.08 V207 791 1062 WR3Ct1 r I HESS 0002 UNIVERSAL FLEET Friday, September 29, 1995 -*a? R-C=?S!I Bill Baird City of Clearwater P.O.Box 4748 Clearwater, FI 34618 Dear Bill: Frank Raymond has requested that we change the terms of the Request for Proposal from two years with a 2 year extension, to a one year with a one year extension. This Is acceptable to Wright Express and we will note It on our copy of the Request for Proposal. We hope that our bid for the gasoline services will be accepted by the City of Clearwater. Once again, thank you for the opportunity to bid on the gasoline services for the city and, It you have any questions, please feel free to call me. 51 rely, C? John C. Lehner Senior District S les Manager THE ri-cv CARD 1HArS DRIVING AMERICA'S BUSINESS" 97 DARTING AVENUE, SO. PORTLAND, ME 04106.2301 (207) 773.8171 • W: (207) 791-16M w CITY OF CLEARVVATER REQUEST FOR PR SALS TLEET FUELING SERVICES L,t 1.0 Purpose . . This Request for Proposal is designed to solicit proposals for the City of Clearwater (referred to as City) to "privatize" its fleet fueling operations. Proposals are solicited from qualified companies operating multiple fueling stations throughout the City of Clearwater who are capable of providing special fldet-oriented credit-card services for the City's fleet, 2.0 Baclcground 2,1 The City currently operates two 24-hour fleet fueling sites servicing approximately 1,400 City vehicles, and 1,400 personnel from various departments (i.e., Police, Fire, Public Works, Parks and Recreation, Solid Waste, Central Permitting, etc.). _ 2,2 The'annual fuel usage is approximately: 362,864 gallons of mid-range Unleaded Fuel 291,274 gallons of No. 2 Diesel Fuel 2.3 The City does not use alcohol-blended gasoline in any of its vehicles and prefers to continue its use of pure gasolines without ethanol or methanol blends. 2.4 Computer System: The City currently uses a TECH 21 8.4mb, two-card fuel system interfacing with a GEMS software package mounted on a Micro VAX II Computer, Computer hardware information: Micro Vax II main (mid) frame--I6mg; 2 RA-90 fixed disk drives--1.2 gb each. Software information: GEMS (General Equipment Management System) by Diagonal Data Corporation (phone: 612-831-2500; fax: 612-831-8845). 3.0 General Requirements of Proposals . Proposals are requested from companies with suitable and convenient fuel service stations currently using an established fleet-card system within Clearwater's corporate limits. Each proposal should address the following areas: ,,a t - .3.1 The City operates its own vehicle maintenance facility and preventive maintenance program which is driven by the periodic monitoring of odometer readings. Due to the mileage accrual of some fleet units, frequent data updates are required. 3.2 System interface anti Reports 3.2.1 Due to the volume of transactions, transaction data should be capable of direct interface with the City's computerized fuel system data base without the need of manual processing. " Reports and other information produced must be furnished in a format acceptable by the City. System compatibility is essential between the City's computerized fuel system and the responder's system. Responders- please _note: if a direct interface is not pos- siblelpractical, feel free to respond with the assumption that manual key entry (from your written reports) will increase the "in house" cost and the bid will be evaluated on that basis. 3.2.2 Monthly surnmary reports and weekly reports must be provided at no additional cost and sorted in a manner acceptable to the City. Proposal submittals shall include a set of sample reports. 3.3 Contingency for Emergency Operation Responders Lnust specify how fuel will be supplied during emergency operating conditions (i.e., the onset of a I}urricane, and/or other extended periods of commerciatelectrical power outage, etc)' Specifically, identify those sites that will serve as emergency/contingency fuel supply sites and _the "City's-priority status. 3.4 The City of Clearwater, Florida, is a local government and, therefore, exempt from federal tax on fuel. Proposals should indicate how this exemption is handled. 3.5 The fleet credit system proposed must provide a convenient and reliablt; method of capturing transaction data including: gallons of fuel received ,:"' type of fuel vehicle identification number driver identification (number/name, etc.) transaction date and time 1 3 2 odometer reading (whole mileage--no tenths but capable of entries over 100,000 miles fueling location base price, taxes and extended totals by transaction 3.6 Proposals offered should. include some narrative description of the typical steps to be followed .in the refueling operation transaction covered by the system proposed. Description should incltide whether cards are maintained at the fuel site, carried by the driver, kept. in each City vehicle, etc. Also include information as to whether the City could prohibit or block access to premium unleaded fuel or not. 3.7 Station Detail Information: Description and number of stations, typical hours of operation in the Clearwater geographical area (include a map) region. 3.8 Information regarding the applicable per gallon fuel price, Also include basis of pricing (e.g., pump price less discount, posted price -1•!-, etc,), Preference will be given to a public (non-proprietary), benchmark pricing basis. 3.9 Information regarding the cost of providing the fleet carol service, either its add-on per gallon or lump sum per month, must be included, If applicable. Provide information on length of time and cost to replace: fuel cards, how quickly can a fuel card be "locked otit" after City notification and whether such notifications are verbal or must be in writing, 3.10 Provide information on the payment terms offered including anylvariotts cash discounts, methods of payment, etc. 3.11 Provide information as to the periodic billing data, data format, nttd whether such billing data and formats are flexible to adapt to the City's data system needs. Also provide information on how long the compnny retains backup detailed transaction data after it is sent to the City, 4.0 Proposal Dvalnntion Criterla The City of Clearwater will consider overall responsiveness to the issues outlined ?S herein, including but not limited to: cost of service, number of convenient locations to the City's heavily travelled areas, ease of conducting a typical transaction, computer systems interface and reports generated, periodic data retrieval several times monthly, and anticipated reliability of the service continuity, priority status, accommodation of the City's various types of equipment. 3 . W-, .e .. . It should be understood that the City's final evaluation and award will be based upon "best value," defined as the best overall price of product in vehicle. Therefore, such factors as City employees' increased ldecreased time driving to/from fueling locations, total time spent at fueling location, cost (if any) of data upload to the City's (GEMS) computer system (either hardware, software, or clerical time) will be evaluated as well as a variety of other factors not expressed in dollars and cents. The City reserves the right to conduct further meetings with any proposer to seek clarification on RFP items and, if necessary, to'negotiate technical or logistical problems in the service offered, if in the best interest of the City. 5.0 Contract Term 5.1 Based upon satisfactory service, the term of the contract shall be for a period of two years. The contract may be renewed for an additional two years based upon the same terms and provisions and at the mutual agreement of the responder and the City. 5.2 Proposers agree to enter into a contractual agreement with the City to provide the services outlined in their proposal, .as may be clarified or and further defined in negotiations subsequent to the bid opening. 5.3 Cancellation for Cause: Either party may cancel the contract for cause, if the other party. fails to abide by the terms and conditions of the contract, and having been notified of such failure by the aggrieved party (registered mail),-fai_ls to correct such failure within thirty days of the receipt of said notice. 5.4 Cancellation for Convenience: Either party may opt NOT to renew the contract, by giving 60 days written notice by registered mail, prior to the expiration of the then-current contract term. 6.0 Additional Information: Proposers may and are encouraged to provide any additional information they deem appropriate to explain the scope of the services offered in their proposal. 4 ? ?? i 1A1?;1CN7' 64XPfisESS" UNIVERSAL FLEE) Tuesday, August 01, 1995 George E. McKibben City of Clearwater P.O.Box 4748 Clearwater, FI 34818 Dear George: Thank you fortho opportunity to bid on the fuel for the city of Clearwater. The Wright Express card is designed to provide more control vver the fueling of company vehicles. Each vehicle Is Issued a credit card and every driver has a driver identification number. When the driver fuels, he actually enters his odometer and ID number into a numeric key pad connected to the point of sale terminal at the station. The transaction cannot be approved without a valid driver 10 which adds a significard security feature to your fueling opemuon. Also, dudng the transaction we capture the gallons and sale amount along with the date, time, fueling location, and type of fuel purchased. However, the entire transaction only takes 20-30 seconds, and your driver inputs only his odometer and driver ID. We also know that beets need the kind of station coverage that only we can otter. Our card Is accepted at over 100,000 stations throughout the Us, we are continually adding more stations and expect to have over 12D,000 sites by the end of the year. We currently have over 6DOU sites in the state of Florida. I have attached a site list for the city of Clearwater. Because we are an elec&wic universal card, we offer many benefits that other fleet fueling operations cannot: EfecMmic Shufaff Of Cards Acrd Drivels within one business day- no more unlimited liability as on other cards Vocfonlc Transfer of Date. Transactions, drivers, and vehicles updated electmnicaily . Monthly Excepdon Reports- Monthly reports that quickly points out exceptions that you have setup 800 Cuslnnw Service to handle all of your questions and to help maintain your accourd Quartedy Reviews. We will come In every quarter and review your account with you, showing your fueling trend. We will also work with you , to help reduce fueling cost We how have over 480,000 vehicles using the program and we would like an opportunity to work with you as well. We are confident that we will be able to demonstrate the savings that our program will allow you. THE FLEET CAnD THAT$ DRIVING ANIMICNS BUSINESS- 07 DARLING AVENUE, So. PO7 LAND, ME 04106.2301 (207) 773-8171 + FAX, (407) 741-1850 1 UkrvaRSdL FLEET - [[' Once again, thank you for the opportunity to bid on the city of Clearwaters fuel program and If ' you have any questions. please do not hesitate to call me. Sincerely. !. John C. Leiner . F" Senior District Sales Manager NE FLEET CARD TNATS DM"NG AMMICNS BUSNE:55' 97 OarnING AVENUE, SO. PORnANO, ME Oct 100301 M?) 773.8171 • W (2071791-16M , . ... a ^C. 4 . ?1111111? • • .. . , II?IiO WMGHT EXPR>fiSS'@ UNIVEASAI, FLEET EMERGENCY OPERATION OUR EMERGENCY OPERATION FOR THE CITY OF CLEARWATER IS A TWO - row PLAN. WE HAVE HAD THE PRIVILEGE OF WORKING WITH TWO THE STATES TOP UTILITY COMPANIES AND HAD TO'IMPL EMENT AN EMERGENCY PLAN FOR THEM. WE WERE ABLE TO TEST OUR PLAN DURING. HURRICANE ANDREW. 1) WE HAVE APPROACHED OUR MARKETERS AND THEY HAVE AGREED TO LET YOU DESIGNATE SEVERAL LOCATIONS AS " EMERGENCY SITES '. THEY WILL INSTALL A QUICK DIS-CONNECT PLUG AT THEIR ELECTRICAL BOX, WHICH WOULD ALLOW YOU TO BRING IN A 2500 - 4000 WATT HAND HELD GENERATOR TO SUPPLY POWER TO THE REGISTER AND GAS PUMPS. THE DISTRICT- MANAGERS FOR THE MARKETERS WOULD. BE IN CHARGE OF OPENING THE STORE FOR YOU. WE HAVE DONE THIS BEFORE DURING HURRICANE ANDREW AND IT WORDED WELL. 2) The second phase would be with our association with Dreyfuss Energies. We could arrange through them.tD have tuei brought to you at specific locations. The price of this world depend on how the city would like to set thhis up. THE REEL CARP THATS DRIVING AMERICA'S BUSINESS` 97 DARLING AVENUE. SO. PORRAND. ME 04106-2M I 07) 773.85.71 a FAX, (247) 791.1650 Aug--IS-9F 07:64A Wright wxpross P. 02 ll MHT EORMS August 15, 1995 City of Clearwater Attn-. Frank Raymond P.O. Box 4748 Clearwater, Fl 34618 Dear Mr, Raymond: On behalf of Wright Express I would like to extend the following pricing to the City of Clearwater: i Card Fee $1.12 $1.15 $1,29 Transaction $0.39 $0.40 $0,45 Fee , The above pricing is based on providing the City of Clearwater electronic Vehicle Analysis Reports and electronic customer service through WEXLINK, ' Thank you for the opportunity to offer the above pricing. Sincerely, Frank bomb osky Division Sales Managcr_ - - , C; Johnny Leitner r• .?: '. .j,?"tt??it?ilrF?f,i, •'"`j•_'"'";'"i .'?'.?iii i'• •??i:h' .'tl'?I'?'Lr'?ii? OQlOZl96 1, Wright Exprm Site Find All Brands Zipcode Is the range 34615 through 34622 City Street CLEARWATER 10761 49TH ST N CLEARWATER 1175 COURT ST CLEARWATER 1175 COURTEST CLEARWATER 1280 5 HIGHLAND AVE CLEARWATER 1285 CLEVELD&BETTYLN CLEARWATER - 1285 S HIGHLAND AVE CLEARWATER 1430 S MISSOURI AVE CLEARWATER 1445 SOUTH MISSOURI CL EARWATER . 14980 62ND ST N CLEARWATER 1501 N BETIY LN8 CLEARWATER 1601 GLF TO BAY BLVD CL.EARWATER. 1725 DREW ST CLEARWATER 1.769 DREW ST CLEARWATER 1898 N HIGHLAND AVE CLEARWATER ' 22995 US 19 N CLEARWATER ' 2325 ULMERTON RD CLEARWATER ' - 2495 N MCMLLN BTH RD CLEARWATER 2579 CUNTRYSIDE BLVD CLEARWATER 2610 CUNTRYSIDE BLVD CLE4RWATER 2646 DREW ST CLEARWATER 26998 U.S. 19 CLEARV ATER ' 2865 EXECUTIVE DR CLEARWATER ' 3009 GULF BAY BLVD Zip Brand Features 34622 CITGO P 34616 CITGO p 34616 EXXON M 34616 - FINA D P 34615 FINA D P 34816 TEXACO P 34616 TEXACO p 34816 COASTA P 34620 CITGO P -34615 CITGO p 34615 MOBIL P 34615 CITGO P 34815 TEXACO p 34815 TEXACO D P 34619 EXXON M 34622 CITGO P 34819 MOBIL P 34621 FINA m 34621 -MOBIL P 34619 CITGO P 34621 SHELL P 34622 TEXACO P 34619 FINA D P Site 83011616 63040710 85007331 45165010 46126OD4 22125014 22125013 90001128 83019324 83045925 97002390 83018254 22125048 20002487 85015741 83022145 97'004249 45340002 97011810 83017864 88021722 22125057 45165006 Pate 1 _ 08102!95 Page 2 ' Wrigh t Express Site Find - AIE Brands 2ipcode is the range MIS through 34622 f State city Street Zl p Brand Features site . cLF.ARwArEft 3100 GULF BAY BLVD 34019 TEXACO D P 22125022 FL CLEARWATER t 4899 ULMERTON RD 34672 MON M 85015224 f FL CLEARWATER' • 4900 ULMERTON RD 34620 SHELL P 88002432 FL CLEARWATER, 600 S MISSOURI AVE 34616 MOBIL P 97019812 FL CLEARWATER 5880 ROOSEVELT BLVD 34620 CITGO D P 83019439 FL CLEARWATER ' 5660 ROOSEVELTBLVD 34620 CITGO P 83055250 FL CLEARWATER ' t 803 S MISSOURI AVE 34616 SHELL P 88002428 Total Sites 30 ' Diesel 6 Alcohol 0 Truck 0 ' island Reader 0 Point Of Sale 26 Manual 4 Aug-14-95 10:59A Jolin Lei-Laser- WLA j/ Ul ?? uNIVCWSAL bl,EEI Monday, August 14, 1995 Frank Raymond City of Clearwater P.O.Box 4748 Clearwater, FI 34818 Dear Frank: I would like to thank you for considering Wright Express as a possible option to fuel the City of Clearwaters vehicles. Per your request, I have listed the diesel sites that are 24 hour operations. I have turned up a couple of more diesel sites that were not on our original list. I will fax you a list of all of the stations with their phone numbers later today. 1 have found that some of the phone numbers are not valid and when you see the list you will see a lot of duplicates. We are at the mercy of the marketers when it comes to this type of inforrnation. Texaco 1499 S. Belcher 535-7885 Texaco 17218 US HWY 19 535-4748 Chgo 2030 Gulf to Bay 447-7832 Texaco 21498 US HWY 19 799.9391 Texaco 4000 E. Bay Dr - 531-1572 Chgo 5890 Roosevelt Dr 531-3522 Exxon Curlew rd Exxon 3498 US 19 787-8071 These are the sites that t have been able to Identify so far. I have a feeling that there are more and I will continue to work on this list. If the city does not think that this will be enough then I can help.with securing diesel at a couple of more sites. If the city can guarantee certain volume levels of diesel, then sometimes were are able to get a station to convert a pump over to diesel. -Once again, thank you for considering the Wright Express Program and if you have any', questions. please do nct hesitate to call. , Sincerely, eJohn Leitner istric t Sales Manager THE FLEET CARD THAT'S DRIVING AMERICA'S BUSINESS" 97 DARLING AVENUE. SO. PORTLAND. MS 134 tOd•2301 (1207) 173 8171 • FAX; (207) 741.1654 P:u 411 . , if, . i L4Y7Nlf'P..aw.w .ri. .. . .. W. y-t • " .`4..? .... ...r.. OWN umGH? s nE F?e REFERENCES: • 1 y "E i r BELLSOUTH BOB McCURDY 675 W.PF-ACHTREE ST NNV ATLANTA, .GA. 30375 (404) 420-8792 FLORIDA HONING TERRY GREEN ' 13228 N. CENTRAL AVE TAMPA, FL , 33631 (813) 933-6711 UNITED TELEPHONE JAY HARRIS P.O.BOX 490048 " LEESBURG, FL 34749-0048 (904) 326-1715 GLOBE GLASS TIM COPELAND 2 N. LASALLE CHICAGO, IL 60602-3876 (312) 278-6900 COULTER ELECTRONICS AMM TRANCHMA 11800 SW 147Th AVE U[IAW FL 33196 (305) 390-3800 EXT. 2640 PRISM MARY ELLEN MOURA " 8300 EXECUTIVE DR MIAMI, FL 33166 (305) 592-6312 TRI-CITY ELECTRIC BRUCE BEANS 430 WEST DR ALT. SPRINGS, FL 32714 (407) 682-3500 SERVICE MASTER ANDY GUNNEL L 855 RIDGE LAKE BLVD MEMPWS, TN 3 8119 (901) 681-1916 LANTER COURR1ER LETTY JOLLY P.O. BOX 68 MADISON, IL - 62060 (616)'452-5300 THE FLEET CARD THATS ORNING AMERICA'S aUS1NESS" 91 OARUNG AVENUE. SO. POPTLAND, ME 04106.2301 (207) 773.8171 - FAX: (107) 791-1650 1. A DRUG-IMEE WORKPLACEo IN ACCORDANCE WrM SECxTON 287.087 Preference shall be given to businesses with drug-Free workplace programs. whenever two or more bids which are equal with respect to price, quality and service are rrccivcd by the City for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. 'Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a'controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1): 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or pica, of guilty or polo contendere to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As tht; person authorized to sign the statement, I certify that this firm does/does not (select only one) fully comply with the above requirements. Business's Name Vendor's Signarure SWORN STAT NMgT PURSUANT TO SECTION 287,133(3) (a), ON PUBLIC ENTJTY CR1hfES THIS FORM MUST BE SIGNLD AND SWORN TO IN THE PPMMCE OF A NOTARY PUBLIC OR OT1IER OFFICIAL AUTHORIZED TO ADM[N=R OATHS. 1. This swots statement is submitted to , T (print =me of public entity] by (print individual's aatna and for 4: name of entity submitting swam statiment] whose business address is f 7 11ogel- , X? -- oo? e - and (f applicable) its Federal Employer Identification Number (FEIN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this swots statemcut: 2, 1 understand that a 'public entity crime' Ls defined in Paragraph 287.133(i)(g), Florida ?ytutes. me:w.s a violadon of any state or federal law by a person, urith respect to and directly related to the ttita=dott of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to; any bid or coattatt for goods or services to be provided to Lay public entity or as agency or political subdivision of any other state or political subdivision of the-United States and involving antimW, fraud, theft, bribery, collusion, mcketeering, oonspisacy, or material misreprescntzd= 3. I maderstand that `convicted' or -conviction' as defined in Paragraph 287.133(1)(!), Florida Statuig, mesas a finciia; of guilt or a conviction of a public entity crime, with or without a adjudication of guilt, in Any fesderel or hate trial court of rested relating to cbArges brought by indictment or information after July 1, 1989, as x salt of a jury verdict, non jury trial, or entry of a plea of guilty or nalo contandere. 4. S understand that an 'affiliate" as defined in Paragraph 287.133(1)(L), Florida Statutes, meatus 1 A predecessor or-successor of a person convicted of a public rarity crime; or 2. An entity under the, control of any n1rxti4 person who is active in the management of the entity and who has been convicted of it public entity crime. The term 'affiliate' includes those officers, directors, cxt:CudVt3, partners, shareholders, employees, members, and agmts who are active In the man Bement of an affillate. The ownersbip by one person of shares constitudag a controlling interest in another person, or a pooling of equipm-t or income among persons when not for fair marltct value under so arm's length agreement, 4WI be a prima facie caso that one person controls another person. A person who knowingly enters into a joint venture with it person who her been convicted of a public entity crim+c in Florida during the preceding 36 months shah be considered as affiliate. 5. I understand that a 'person" as defined in paragraph 287.133(1)(c), Florida Swture_s, means any rtaaual persoxt or entity organized under tbo laws of any state or of tho United States with the legal power to eater into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by & ,public entity or which otherwise transacts or applies to transact business with a public entity. The tern. 'penaa' Lncludas those officers, directors, executives, partners, shateltolders, employees, members. sad sjents who am active in taxaLgement of An entity. 6. Baud on inforasadon and belief, the statement whlcb I hsva marked below is true in relation to the entity submitting this sworn statemmeac. (indurate which statement applies.) ,..,...Neither the entity submitting this sworn statement, nor any officers, directors, executives, partners, shareholders, employees, members, or agents who are active in management of the entity, nor any affiliate of the entity has bean charged with and convicted of a public entity crime subiw4uat to July 1, 1989. The entity submitting gals sworn statement, or one at more of the officers, directom, executives; partners, shareboldus, employers, members, or agents who am active in management of the entity, or an of Uate of the entity his been charg% with .and convicted of a public entity crime subsequen t to July 1, 1989. _„_The entity submitting this awora statement, or. one or mots of its-offiew, diswors, r.xacutives, parsers, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the tatity has beat charges with and convicted of a public entity cdme subsequent to July 1, 1484. However, there has beast t cubsequeat proceeding before a Hearing Officer of the State of Florida, Division of Admidstrativo Hearings and the Final Order entered by the HeIIring Officer t#ebat>rtined thsc it was not in the public interest to place the entity submitting this sworn statement on tha convicted vendor llst, (attach a copy of tho final ordetj I UNDERSTAND THAT THE SUBMISSION OF THIS FORM TO THE CONTRACTING OFFICER FOR THE PUBLIC ENTITY IDENTMED IN PARAGRAPH 1, (Old ABOVE IS FOR THAT PUBLIC ENTITT ONLY AND, THAT THIS FORM IS VALID TEROUGH DECEMBER 31 OF THE CAIXNDAR YEAR IN WIIICa IT IS FILED. I ALSO UNDERSTAND THAT,L AM REQUIMM TO INFORM TBE PUBLIC ENTITY PRIOR TO ENTEWNG INTO A CONTRACT IN EXCESS OF TIM ZT3 MHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA-STATLrMS FOR CATEGORY TWO OF ANY CHANGE IN THE INFORMATION CONTAINED IN THIS Fo StgrrQQ area • /U• YS,_ Data STATE OF The totctoine instrument was olmowkdgrd before me this Dars COUNTY 0 ..u77 ,/by Z_?'z __ "o is pctsonaUy known to ma Nab of ptrion acmowkd art Signature (5EAL ABOVE) or who has produced 7ypt of idtnripxion as Idesuflication and who didldid not take as oath. Notary Public, Commission No. ANN 1z wuy - N6TARYY.3,11h1f? . f PltVrM?}ISS1tTWERMY"AE5U8LSt:pl tt,fg4T (Name of Notary typed, printed, or stamped) t f Sep--22-95 11-43A Jot?I? Lei LVIOV- WEX 8139713781 P.01 MIGHT EXPRESStrf 11 N I V I; lI i A I F I F f: 1 i~riday, September 22, 1995 Frank Raymond City of Clearwater P.O.Box 4748 Clearwater, FI 34818 Dear Frank: . Pursuit to our phone conversation yesterday, the Texaco station on Sand Key will accept (lie Wright Express Card. There are two stations on Clearwater Beach and both or them are pick Kwicks, with unbranded gas. One or the stations is located within 1/4 of a mile of the Cloarwater Beach police slotion. I am trying to set them up on our single site program so they can, accept the Wright Express card. I will keep you informed on any developments. Once again, thank you for considering the Wright Express Program and if you have any questions, please feel free to call. Sincerely, John C. Leitner Senior District Sales Manager i S I CLEARWATER CITY COMMISSION Item # Meeting Date: (J? Agenda Cover Memorandum Subject: HEALTH INSURANCE CONTRACT Recommendation/Motion: To extend the health insurance contract to Prudential Health Care System of Tampa Bay, Tampa, Florida under a fully insured funding arrangement for the contract period of January 1, 1996 to December 31, 1996, at an estimated cost of $3,219,627.00 d and that the appropriate officials be authorized to execute same. BACKGROUND: In 1994 under direction from the City Commission, our insurance consultant, Wittner & Company, prepared a request for proposal for the health insurance contract. Wittner & Company worked closely with (lie Insurance Committee, composed of representatives of the four unions representing the City's employees (CWA, FOP (Sergeants and Lieutenants), FOP #10, and 1AFF), representatives from the Human Resources Department, Payroll and Finance Divisions of Administrative Services Department, and the City Manager's Department. Effective 111195 the City: -Awarded health insurance to Prudential Health Care System under a fully-insured funding arrangement. -Continued the contribution of premium for individual coverage. -Continued the contribution subsidy for dependent coverage for the HMO option ($29.94 per month for calendar year 1996). -Continued the employee's dual coverage (the City pays for single coverage for one employee and pays the amount of the single coverage for the second employee towards the dependent coverage. The second employee is listed as it dependent.) For 95/96 the City of Clearwater budgeted $2,310.00 per full-time employee per year, which includes $104.52 per employee for the PPS mental health and substance abuse carveout. The 1996 rate increase for Prucare HMO is 6% and for Prucare Plus (PPO) is 7.79%. The renewal cap for 1996 per Prucare's original bid is 6% for HMO and 10% for Prucare Plus (PPO). Reviewed by: Legal NIA Budget Purchasing "? Risk Mgmt. • NIA CIS ACM -7. 1 Other NIA Submitted by: 6?yMln ge r Originating Dept: Human Resources User Dept.: various Advertised: Costs: Estimated $3.219.027.00 Total Current FY Funding Source: ? Capt. Imp. ® Operating ? Other Appropriation Code: Commission Action: ? Approved ? Approved w/conditions ? Denied ? Continued to: Attachments: ® Not required Affected parties ? Notified ? Not required 590-07000-545601- 590-000 ® None Agenda Item Health Insurance Contract Page 2 I.;. October 2, 1995 i° t.. f :. t The 95196 cost will be $2,200 per employee per year, which includes $104.52 for the mental health substance abuse carveout: The fiscal year 1995196. employee insurance budget 'code includes funding for this contract and funding will be requested in the 1996197 employee insurance budget code. f ,v 111' i ?iy?`4?:;., •! .,.1: .a - ": .. ? . f. s ? ` c t 31H'' ?€.•'.?.*:. 5?',` ? .. ?? ? ? • ? ?S'a?J. t?;. PRUCARE INSURANCE PREMIUMS A. PRUCARE PLUS Monthly 1995 City Contribution Btu 1995 Employee 180.02 180.02 - Family 439.06 -0- Monthly 1996 City Contribution Elk 1996 Employee 194.06 194.06 - Family 473.31 .0- 8. P_RUGARE HMQ Monthly 1995 City Contribution S?tQ M Employee 154.83 154.83 - Family 377.40 25.29 1 Monthly 1996 City Contribution B& Employee 164.12 164.12 - Family 400.04 29:94 2 EMPLOYEE COSTS FOR DEPENDENT COVERAGE 1995 Biweekly 1996 Biweekly pioyee C &t F=Jmployee s ' PRUCARE PLUS 1 19.5 5 128.88 PRUCARE HMO 91.10 95.06 Monthly Payroll )eduction-'95 0- 59.04 Monthly Payroll eduction '-96 0- 79.25 onthly Payroll eductig n '95 0- 97.28 onthly Payroll 2 2 M M 0- 05.98 Increase 9.33 3.96 PRUCARE INSURANCE PREMIUMS A. Monthly 1995 Employee 180.02 Family 439.06 Monthly 1996 Employee 194.06 Family .473.31 B. PRUC ARE HMO Monthly 1995 Bs2t@ Employee 154.83 Family 377.40 Monthly 1996 it Employee 164.12 .. Family 400.04 City Contribution 1995 160.02 -0- City. Contribution 1996 194.06 .0- City Contribution 154.83 25.29 City Contribution 19H 164.12 29.94 Monthly Payroll Dedugtion '95 -0- 259.04 Monthly Payroll Desluctlon '96 -0- 279.25 Monthly Payroll Deduction '95 ..0- 197.28 Monthly Payroll n..r.._a!__ inn -0- 205.98 EMPLOYEE COSTS FOR DEPENDENT COVERAGE 1995 Biweekly 1996 Biweekly Employee Cost Employe Cost lacregge PRUCARE PLUS 119.55 128.88 9.33 PRUCARE HMO 91.10 95.06 3.96 f1 t.. 30 CLEARWATER CITY COMMISSION Item # ER Agenda Cover Memorandum M°cun vats: Subject: MENTAL HEALTH/SUBSTANCE ABUSE COVERAGE Recommendatfon/Motion: Extend the contract with Professional Psychological Services (PPS) Clearwater, Florida, for mental health/substance abuse coverage at an estimated cost of $162,326.00 for the contract period of I-1-96 through 12-31-96, in accordance with section 2.564 (1) (e), The Code of Ordinances (impractical to bid) ® and that the appropriate officials be authorized to execute same. D: For the contract year 1- I -93 through 12-31-93, the City of Clearwater separated (carved out) the mental health/substance abuse coverage from the health insurance coverage. The City of Clearwater contracted with PPS (the City's long-term employee assistance program provider) for mental health/substance abuse coverage with benefits exceeding those provided by the he alth insurance provider. The original contract called for renewal guarantees of up to 6 percent per year for year 2 and 3. The renewal rate for 1996 is $5.71 per employee per month, which is a 4% increase. The City of Clearwater budgeted $2,310.00 per employee for health insurance for 1996 of which $104.52 will be applied to mental health/substance abuse coverage. The 95/96 cost will be $2,200.00 per employee per year, which includes $104.52 for the mental health substance abuse carveout. The performance of PPS since 1-1-93 has been more than satisfactory in providing the City of Clearwater with an integrated product (employee assistance program and mental health substance abuse coverage) and a higher level of service is not required. The fiscal year 1995/96 employee insurance budget code includes funding for this contract and funding will be requested in the 1996/97 employee insurance budget code, Reviewed by: Originating Dept: Human Resour e Legal _NtA Budget Purchas1 - User Dept.: Risk Mgmt. NIA various CIS NIA ACM Advertised: Other NIA Date: Submitted by: [x] Not required ?Affected parties tCity Manaber ? Notified ? Not required Costs: Estimated $16?.a2 .oo Total LiL- Current FY Funding Source: ? Capt. Imp. ® Operating ? Other Appropriation Code: 590-07000-545601- 590-000 Commission Action: ? Approved ? Approved w/conditions ? Denied ? Continued to: Attachments: ® Nono CLEARWATER CITY COMMISSION Agenda Cover Memorandum Itam Meeting Data: 10/5195 SUBJECT= CREST LAKE PARK RESTROOM RENOVATIONS RECOMMENDATION NOTION' Award a contract for Crest Lake Park Restroom Renovations (Bid 135--95) to Oakhurst Construction Company Inc. for the sum of $36,956.40 which is the lowest responsible bid received in accordance with the plans and specifications and that the appropriate officiate be authorized to execute same. BACKGROUND: The current Capital Improvement Program includes a project to construct new restrooms to replace the existing restrooms at Crest Lake Park. This project was primarily in response to a complaint filed with the Department of Justice regarding the lack of accessibility under A.D.A. requirements. Specifically, the concern was that restroom facilities were only provided for women since the men's room was closed years ago. Originally, staff planned to construct a now restroom building, similar to those located on Clearwater Beach, at the south end of the park, closer to the playground equipment. However, after further research, it was determined that the current location remains the best. The majority of residents that live adjacent to the park and closest to the restroom facilities have been notified concerning the renovation plans. The general consensus of those surveyed indicated that while it is not the most desirable location, it would be acceptable if a full time employee was stationed at the park and if the restroom building was renovated so that there would be individual. stalls rather than large open restroom facilities. This contract will provide for the renovations of the existing restroom building so that there will be four individual stalls for women, one of which will be handicap accessible, and three individual stalls for men, of which one will be handicap accessible. In addition, the renovations will include a maintenance area so that a full time employee can be stationed at the park. An existing employee within the Parks Division will be transferred to the park once the renovations are completed. The available balance in Capital Improvement Project Code 315-93294 (Crest Lake Park Renovations) is sufficient to meet this contract. Reviewed by, Legal N/A , Budget Purchasing Risk Mgmt. rr ?b CIS ACM Other wV 171 Odginating Dept,• jj L/' Parke & Recr aftion user Dept.: Parks 6 Recr aX on Advertised: Data: 8/18/95,8/25/ Paper: Pin. Co.I ?V., 'l'amp:,: '1'rt*b. - Not required Alluded parties _ Notified Not required oats. $36 156.40 O A Current Funding Source: I, Capt. Imp. _ Operating Other Commission Action: Approved _ Approved w/conditions Denied Continued to Submitted by: fru4ianager r, Appropriation Code: 315-93294 Attachments: 1. Bid Tabulation & Summary 2. Floor Plan 3. Aerial _ None ?i s ALdM AWV3: IA iy« ..- `/. i•.i ll'.??=.` ?! tH',}...:?+;•f?t .. k. '. V .. 1 s F 1 EI ,V 's r 1 r n ? e i to ? r p(? [J rn y ry O x M y aa b ? ? o ? N U m O R 1a? WW a o o~i ? w AT ? M d0 .7 U+ !? o I i M 1+ lL v ? N ,+ Q % Y l 7 ? F R A?y a cm 1?il 01 U U p j g O y p? gQ F W U w ? L IT M q O ? m s 0x) N L N 14 N 4 W ,n W m a m w N N M +n P {a7 a1 Of M N o R P. N k 7 UUU ? a ? ? A ? A N N ? ? Pi ppp !r! N F N I = )I IN, . h I• C, m I,- u l. r-v Ib-rl 4 I.11"Da i ?r 1 •"Oloor• CREST LAKE PARK REST ROOM •? ?• •?•I ll ?++ W^IL. to LAry ' RtMOV1p. t?U61?u., ! CLGAIJ i 21 Y-mTI ur, rrdoa :u FJdki f f' KItt'r L?vt-r6v•f { 7 IT f I 151- W10E c! ac-Jr,E Pcx,wl < -4-- Flu. IN bllb-f'Irj ?? rwiTmt- i. I ' w ? 'A KIT q% :2 [Nor -." V1, Lat Q ? ,-qtr „ed ,b•?? ?4 -S ?t =, 1 J5, 11 rr ts? ' I a, I JOE j Z ClIr ..2- "t I: r flt u S f E- to ? `? ` ? 17 • r Ir411 ? Wr" `J , pq .? / r, i , r q _ ? ? fir" ? ? ? _. •; >•. n ' >:'?`: ,.• i . l? :.w •+r t • 1" ii ' y'an-" : ; 1} s. ?• '. ?iL ?D . ` ?- ` .r rj,, a... ,; :. •i' 7 • '?V;iI ??•' x fi. •:f',?t??,?h:'.[1??, A ?'' .;.?..l.,,'a•a" u'.t.J• ?.:r..',.v.?A?,Lr?`?•r ? ? !,?•'??n4. 1! y .. , r ' . ',k• ? •?!??1?!.Sa ,. ,;?• ?'?+e??y?'••? .r., . ?ry?? +? it , - ?.Q'?? ,tt ? ? Q?,. •+,r}e?i t'Ll?"'' r • • a•:i.•••?f .•7 v',{'i?:Y.N'. "Z.r" , 'ith!4?. •?• ':` mss''`" ,r ??R? 1???w9,?r__?? r `r IN IBM ION t t rr?::'a?M1t7 1 Zr .;,-; to ?•? p M 3 • City of Clearwater Interdepnronent.nl rresimdence TO: Betty Deptula, City Manager FROM: Ream Wilson, Director, Parks and Recreation Depa ? .C ED COPIES: Cyn'die Goudeau, City Clerk SUBJECT: Crest Lake Park / Restroom Building `QCT 0 5 1995 DATE: October 5, 1995 CITY CLUK DW. At the City Commission work session of Monday, October 2, Commissioners considered our recommendation to award a contract to renovate the existing restroom building at Crest Lake Park. I understand there were some questions regarding the location of the restroom and levels of maintenance. The current restroom building was constructed a number of years ago and the men's room was closed in 1988 as a result of undesirable behavior. Since that time, portable facilities have been provided for men. Recently, the City was informed that the existing restroom facilities were not accessible to the handicapped and that new arrangements had to be made. At first, staff considered constructing a new restroom building at the south end of the park close to the playground apparatus. It. would be handicapped accessible and would consist of individual stalls similar to the restroom buildings oil Clearwater Beach. However, after reconsidering the new proposed location and after discussing it with representatives of the Clearwater Police Department, it was felt that undesirable activities might be more likely to occur near the playground equipment than where the current facility is located. Therefore, staff' revisited tile project in terms of keeping the current restroom building, but renovating it into individual stalls and making it handicapped accessible. Regarding maintenance, Crest. Lake is one of the City's heaviest. used parks and staff attempts to provide as high a level of maintenance as possible. Currently, the park is maintained by roving crews. These crews perform tasks including mowing, edging, tree work, Round-up applications, landscape maintenance, trash removal, restroom custodial maintenance, etc. involving about 3,035 productive hours each ,year. Staff evaluated the current productive hours being expended by roving crews and feels there is ample justification for stationing a full tune employee in the park. An average employee works approximately 1,650 productive hours each ,year. Advantages of assigning one employee to the park includes the following: 1. The employee will have a vested interest in the maintenance and, similar to Coachman Park, should have pride of ownership in a well maintained facility. 2. The employee will be in the park five clays a week and can monitor activities while on duty. .?errun Cdr roll. Betty Dept Ala Crest Lake Restrooms rage 2 3. The employee will report directly to the park to begin his/her work shift rather than losing time traveling to and from the site from the Parks Division headquarters. 4. The employee will open the restroom facilities five days a week saving approximately 130 custodial hours each year. 5. Trash containers will be emptied in a more efficient manner thus reducing a need for a large trash truck to travel throughout the park on a regular basis. 6. An employee stationed in the park can report any illegal or undesirable activity immediately to police. 7. The employee will get to know many of the users of the park which is more customer service oriented. 8. Maintenance should be performed in a more effective and consistent manner with one employee performing the majority of the work. Responsibility can be pinpointed. 9. Surrounding residents were in favor of keeping the current location of the rest- room building especially in view of the City assigning one employee to the park who could respond to emergencies and / or problems. Please contact me if you have any questions or if I can provide further information. RW:mg I I:\DATA\WPFI LES\M GOI I EEN\R%VNI EAI OS\B F."ITY I)G.I)oe 44ctme 40 1,,¦ .,,.... ,-.. S l• Item Clearwater City Commission Meeting Dote: >A Agenda Cover Memorandum 39-1 P/? 3 TE SUBJECT: Agreement for Professional services -- Beach Parking Feasibility Study RECOMMENDATION/MOTION: Approve the Agreement for Professional Services with Kimley-Horn and Associates to conduct a beach parking feasibility study at a cost of $£5,276, ® and that the appropriate officials be authorized to execute same. BACKGROUND: Based on direction from the City Commission at the Beach Topics Summary Meeting in November, 1994, a RFP was issued to conduct a parking feasibility study. Kimley-Horn and Associates was selected by the Parking Feasibility committee as the top firm. On September 7, 1995, the City Commission approved City staff to negotiate an Agreement for Professional Services with Kimley-Horn and Associates to study the beach and downtown parking issues. The fee negotiated was not to exceed $75,000. Negotiations for an Agreement were conducted resulting in a cost of $65,276. The scope of services is specifically described in Exhibit "A" of the attached Agreement. A first quarter amendment will be requested to transfer available funds from the unappropriated retained earnings of the parking fund. A synopsis of the Scope of Services is as follows: • Parking Occupancy • Parking Turnover • Turning Movement Counts • Other Data Collection • Conduct Stakeholder Interviews • Data Analysis • Project Future Parking Demand • Define Current and Future Parking Deficiencies and Surpluses • Identify Alternatives • Evaluate Alternatives • Establish Parking Rates for Facilities • Develop Revenue Projections New Facilities • Define Financial Options • Develop Implementation Plan • Consensus Building/Public Involvement/Meetings New for Reviewed by: Originating Dept: Costs: S 65.276 Commission Action: Legal Engineering/ Total C Approved Budget Traffic Engineering S 65 276 13 Approved w/conditions Purchasing Risk Mgmt. y . Current Fiscal Yr. 13 Denied CIS A User Dept: Engineering/ Funding Source: 13 Continued to: ACM Eng. Traffic Engineering O Capital Imp. Cen. Perm. Advertised: 11 operating Attachments: Date. ? other Agreement for Professional Paper: Services ® Not Required submitted try: Affected Parties Appropriation Code: 0 None 2 notified © Not Required 435.01333-530300-545.000 Ci Nana er %0 Printed on recycled paper a i s AGREEMENT FOR FRO + E SSIONAL SERVICES This AGREEMENT is made and entered into this day of , by and between the City of Clearwater, Florida (CITY) and Kimley-Horn and Associates, Inc. (CONSULTANT). WITNFSSETH: WHEREAS the CITY desires to engage the CONSULTANT to perform certain professional services pertinent to such work in accordance with this Agreement; and WHEREAS the CONSULTANT desires to provide such professional services in accordance with this Agreement; and WHEREAS the CITY selected the CONSULTANT in accordance with the competitive selection process described in Section 287.055 of the Florida Statutes, and based on information and representations given by the CONSULTANT in a proposal dated July, 1995; NOW, THEREFORE, in consideration of the premises and the mutual benefits which will accrue to the parties hereto in carrying out the terms of this Agreement, it is mutually understood and agreed as follows: 1.0 GENERAL SCOPE Q•ETHUS AGREE MNT The relationship of the CONSULTANT to the CITY will be that of a professional CONSULTANT, and the CONSULTANT will provide the professional and technical services required under this Agreement in accordance with acceptable practices and ethical standards. I Seplerobcr, 1995 2.0 PPROMSIONAL TECHNICAL SFRyICFS It shall be the responsibility of the CONSULTANT to work with and for the CITY toward completion of a parking feasibility study as described in Exhibit "A". The purpose of the study will be to assess the existing and projected need for the construction of additional parking facilities on Clearwater Beach and to determine the financial feasibility of the recommended approach. 3.0 GENE AL SCOPE OF SERVICES The scope of the study will include two separate phases. The following will be included as Phase I: ? a geographic area bounded on the north by Acacia and the South by South Gulfview Boulevard/Hamden Drive; ? all existing and proposed parking demand including a parking needs analysis; ? effects of foreseeable land use, zoning, and traffic pattern changes on existing and projected parking demand; ? consideration of innovative financing methods. Phase II of the study will include: ? all of the information from Phase I; ? potential parking solutions to possibly include any site on the beach or in the Downtown area of Clearwater (i.e., existing parking garages). The boundaries to consider for Downtown are Chestnut Street on the south, Drew Street on the north, Myrtle Avenue on the east and the bayfront on the west. Total compensation for Tasks 1 - 15 of Exhibit "A" shall not exceed $75,000 unless specifically authorized by the City Commission. 3.1 The CONSULTANT shall maintain an adequate and competent staff of professionally qualified personnel available to the CITY for the purpose of rendering the required parking and traffic services hereunder, and shall diligently execute the work to meet the 2 Septembcr, 1995 completion time established. 4.0 PERIOD OF SERVICE The CONSULTANT shall begin work promptly after receipt of a fully executed copy of this agreement. Receipt of a fully executed Agreement shall constitute written notice to proceed. 4.1 If the CONSULTANT'S services called for are delayed for reasons beyond the CONSULTANT'S control, the time of performance shall be adjusted as appropriate. 4.2 It is the intent of the parties hereto that this Agreement continue in force for a period of nine (9) months from the date of execution unless extended by the CITY and agreed to by CONSULTANT, subject to the provisions for termination contained herein. Assignments that are in progress at the Contract termination date will be completed by the CONSULTANT unless specifically terminated by the CITY. 5.0 INSURANCE REQUIREMENTS 5.1 Workers Compensation and Employers Liability. The CONSULTANT shall procure and maintain, for the life of this Agreement, Workers Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employers Liability with limits meeting all applicable state and federal laws. 5.2 General Liability. The CONSULTANT shall procure and maintain, for the life of this Agreement, General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. Coverage shall be no more restrictive than the latest edition of the Commercial General Liability policies of the Insurance Services Office (ISO). This policy shall provide coverage for death, bodily injury, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. 3 Srptcmbcr, 1995 The minimum limits of coverage shall be $500,004 per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. The CITY shall be included and identified as an Additional Insured under the policy/certificate of insurance. 5.3 Business Automobile Liability. The CONSULTANT shall, procure and maintain, for the life of the Agreement, Business Automobile Liability Insurance. The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This coverage shall be an "Any Auto" type policy. Coverage shall be no more restrictive than the latest edition of the Business Automobile Practices of the Insurance Services Office (ISO). The CITY shall be included and identified as an Additional Insured under the policy/certificate of insurance. 5.4 Professional Liability Insurance. The CONSULTANT shall procure and maintain for the life of the Agreement, Professional Liability Insurance. This insurance shall provide coverage against negligent acts, errors or omissions by the CONSULTANT in the performance of this contract. The minimum limits of coverage shall be $1,000,000. 5.5 Indemnify. The CONSULTANT agrees to defend, save and hold the CITY, its agents, assigns and employees, harmless from all claims or causes of action, including costs and attorney's fees, and all judgements whatsoever, involving personal injury, bodily injury, death, or property damage, arising out of any negligent act or omission, or the violation of any federal, state or local law or regulations by the CONSULTANT, its subcontractors, agents, assigns, invitees or employees in connection with this Agreement. The CONSULTANT agrees to indemnify and hold harmless the CITY from losses, damages or lawsuits resulting from the CONSULTANT'S intentional misconduct or intentional torts committed during the performance of this contract. 4 September, 1995 5.6 Hazardous Substances. It is understood and agreed that in seeking the professional services of the CONSULTANT under this Agreement, the CITY does not request the CONSULTANT to undertake uninsurable or potentially uninsurable obligations for the CITY's benefit involving or related in any manner to hazardous substances. Therefore, the CONSULTANT undertakes no such obligation hereunder, and the CITY agrees to hold harmless, indemnify, and defend the CONSULTANT from and against any and all claims, losses, damages, liability, and costs arising out of or in any way connected with the presence, discharge, release, or escape of contaminants or hazardous substances of any kind, or environmental liability of any nature, in any manner related to services performed by the CONSULTANT under this Agreement. 5.7 Supplemental Provisions. The insurance coverages and conditions afforded by the above mentioned policies shall not be suspended, voided, canceled or coverage reduced except after thirty (30) days prior written notice by certified mail return receipt requested has been given to both the CITY Engineer and the Risk Management Offices of the CITY. Certificates of Insurance meeting the specific required insurance provisions specified within this Contract/Agreement shall be forwarded to both the CITY Engineer and Risk Management Offices of the CITY and approved prior to the start of any work. After review, the Certificate will be filed with the City Clerk as a part of the official contract file. Receipt and acceptance of the CONSULTANT Certificate of Insurance, or other similar document does not constitute acceptance or approval of amounts or types of coverages which may be less than required by this Agreement. In lieu of providing the CITY with copies of its insurance policies, the CONSULTANT agrees, within ten (10) day's of a written request of the CITY, to make available for inspection and the taking of notes any original policy of insurance that is required by the terms of this Agreement. Any of the following CITY representatives will 5 Septembcr. 1995 !: be permitted to inspect the policies on insurance: any member of the CITY's legal staff or the CITY 's outside legal counsel, City Manager's staff, Risk Management staff, or she CITY COMMISSION. The policies of insurance to be produced will be made available at the offices of the CONSULTANT in Orlando, Florida during normal business hours of the CONSULTANT. All insurance policies required within this Agreement shall provide full coverage from the first dollar of exposure unless otherwise stipulated. No deductible will be accepted without prior approval from the CITY. The CONSULTANT has advised the CITY that it carries a deductible or self-insured retention in its policies of insurance. Presently, the liability deductible is $200,000 and CONSULTANT requests the CITY to accept its deductible. The CITY agrees that CONSULTANT may carry a $200,000 deductible during the term of this contract provided CONSULTANT provides satisfactory financial data to the CITY showing that it has the financial ability to satisfy the deductible. To show its financial ability to meet the deductible, the CONSULTANT will provide balance sheets, and profit and loss statements for at least three years, together with such other financial data as deemed necessary by the CITY'S Finance Director to audit the CONSULTANT'S financial condition. In lieu of providing such financial data, the CONSULTANT may provide a Letter of Credit, in form satisfactory to the CITY, from a bank or insurance company, licensed to do business in Florida, that it (the bank or insurance company) will guarantee payment of any sum finally adjudicated against the CONSULTANT arising out of the legal responsibilities of the CONSULTANT undertaken in this contract up to the amount of the deductible. 5.8 Safety and Health Requirements. It is the CONSULTANT'S sole duty to provide safe and healthful working conditions to its employees on and about the site of Agreement Performance, The CITY assumes no duty for supervision of the CONSULTANT. The CONSULTANT will provide a "Drug Free" workplace in 6 5eptcmher, 1995 I accordance with Section 287-987, Florida Statutes. The CITY may, without any liability to the CONSULTANT, order that the work stop at the site of Agreement Performance if a condition of immediate danger to CITY employees, CITY equipment, citizens, or property damage exists. This provision shall not shift responsibility for any risk of loss for injuries or damage sustained from the CONSULTANT to the CITY, and the CONSULTANT shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of Agreement Performance until the beginning of construction, which arise out of the CONSULTANT'S negligence. The CONSULTANT shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security, and all other appropriate federal, state, and local regulations or City safety and health standards. 6.0 GENERAL CONDTI'IONS 6.1 All documents including parking data collection counts, drawings, and calculations, supplied by the CONSULTANT shall become the property of the CITY, The CITY acknowledges that such documents are not intended or represented to be suitable for use by the CITY or others for purposes other than those for which the documents are prepared. Any reuse of these documents without written verification or adaption by the CONSULTANT for the specific purpose intended will be at the CITY'S sole risk without liability or legal exposure to the CONSULTANT. 6.2 The CONSULTANT will provide expert witnesses, if required, to testify in connection with any suit of law. A supplemental agreement will be negotiated between the CITY and the CONSULTANT describing the services desired and providing a basis for compensation to the CONSULTANT. 7 Scptcmbcr, 1995 :., 6.3 Upon the CONSULTANT'S written request, the CITY will furnish or cause to be furnished such reports, studies, instruments, documents, and other information as the CONSULTANT and CITY mutually deem necessary. 6,4 The CITY and the CONSULTANT each bind themselves and their successors, legal representatives and assigns to the other party to this Agreement and to the partners, successors, legal representatives and assigns of each other party, in respect to all covenants of this Agreement; and, neither the CITY nor the CONSULTANT will assign or transfer its interest in this Agreement without written consent of the other. 6.5 The CONSULTANT hereby agrees to indemnify, defend, save and hold harmless the CITY from all claims, demands, liabilities and suits caused by any negligent act, error or omission of the CONSULTANT, the CONSULTANT'S subcontractors, agents, or employees in rendering the professional services called for herein. It is specifically understood and agreed, however, that this indemnification agreement does not cover or indemnify the CITY for its own negligence. The CONSULTANT hereby further agrees to indemnify, defend, save and hold harmless the CITY from any and all fines, costs, and expenses caused by, directly or indirectly, with the CONSULTANT'S failure to comply with any applicable laws, statutes, ordinances, or government regulations. 6.6 The CONSULTANT agrees not to engage the services of any person or persons in the employ of the CITY to an allied capacity, on either a full or part-time basis, on the date of the signing of the Agreement, or during its term. 6.7 Key personnel assigned to CITY project by the CONSULTANT shall not be removed from the project until alternate personnel acceptable to the CITY are approved in writing by the CITY. Key personnel are identified as: 0 Laura Firtel, AICP, Associate ? Dan Brame, P.E., Principal In Charge ? Chris Squires, P.E.,,Transportation Engineer ? Jill Abel, Transportation Technician 8 ScrAcmber, 1993 -.1 1 6.8 The CONSULTANT shall execute the appropriate State of Florida sworn statement under Section 287.133(3)(a), Florida Statutes, Public Entity Crimes prior to the execution of the Agreement. 6.9 The CONSULTANT shall attach a brief status report on the project(s) with each request for payment. 6.10 The CONSULTANT shall provide a Certificate regarding a "Drug Free Workplace" per the requirements of State of Florida directive: City Memorandum No. 23(90-91) dated December 17, 1990, from George C. Banks, CPPO, Director, Division of Purchasing. 6.11 The CITY will designate in writing a person to act as the representative with respect to the Agreement, such person having complete authority to transmit instructions, receive information, and make or interpret the CITY'S decisions. 6.12 The CITY will provide all information and criteria as to the CITY'S requirements, objectives, and expectations for the project. These data shall include all numerical criteria that are to be met and all standards of development, design, or construction that are to be followed. 6.13 The CITY will provide the CONSULTANT all previous studies, plans, or other documents pertaining to the project and all new data reasonably necessary, in the CONSULTANT'S opinion, such as site survey and engineering data, environmental impact assessments or statements, zoning or other land use regulations, etc., upon on all of which the CONSULTANT may rely. 6.14 The CITY will arrange for access to the site(s) and other public property as required for the CONSULTANT to provide the services under this Agreement. 6.15 The CITY will review all documents or verbal reports presented by the 9 scptcmbcr, 1995 ¦tl- . . , CONSULTANT and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of the CONSULTANT. 6.16 The CITY will furnish approvals and permits from governmental authorities having jurisdiction over the project and approvals and contents from other parties as may be necessary for completion of the CONSULTANT'S services. 6.17 The CITY will provide such independent accounting, legal, insurance, cost estimating, and overall feasibility services beyond the scope of the Agreement as the CITY may require or the CONSULTANT may reasonably request with regard to the scope as described in Exhibit "A". 6.18 The CITY will give prompt written notice to the CONSULTANT whenever the CITY becomes aware of any developments that affects the scope and timing of the CONSULTANT'S services or any defect or noncompliance in any respect of the project. 6.19 The CITY will bear all costs incident to the responsibilities of the CITY. 7.0 COMPENSATION 7.1 The CONSULTANT shall be compensated for all services rendered under this Agreement upon presentation of the CONSULTANT'S invoice. Exhibit "A" will be provided for a lump sum amount of $65,276. 7.2 The compensation for services shall be invoiced by the CONSULTANT and paid by the CITY once each month. Such invoices shall be due and payable within 25 days of receipt of said invoice. 7.3 The CONSULTANT agrees to allow full and open inspection of payroll records and expenditures in connection with hourly rate and cost plus fixed fee work assignments upon request of the CITY. 10 September, 1995 M -N 7.4 If the CITY fails to make any payment due the CONSULTANT for services within thirty (30) days after the CONSULTANT'S transmittal of its invoice therefor, the CONSULTANT may, after giving seven (7) days' written notice to the CITY, suspend services under this Agreement until all amounts due hereunder are paid in full. 7.5 In the event any invoice or any portion thereof remains unpaid for more than sixty (60) days following the invoice date, the CONSULTANT may initiate collection proceedings to collect the same and recover, in addition to all amounts due and payable, its reasonable collection fees and other expenses related to the proceeding. Such expenses shall include, but shall not be limited to, the cost, determined at the CONSULTANT'S . normally hourly billing rates, of the time devoted to such proceeding by its employees. 7.6 The CITY acknowledges and agrees that the payment for services rendered and expenses incurred by the CONSULTANT pursuant to this Agreement is not subject to any contingency or conditions unless expressly set forth in this Agreement. 8.0 PRQHIBITION AGAINST CONTINGENT TEES The CONSULTANT warrants that is has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this Agreement and that it has not paid or agreed to pay any persons, company, corporation, individual or firm, other than a bona fide employee working for the CONSULTANT any fee, commission, percentage, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. 9.0 TERMATIO 9.1 The Agreement may be terminated by either party seven (7) days prior written notice, in the event of substantial failure to perform in accordance with the terms hereof by the other party through no fault of the terminating party. If this Agreement is terminated, the CONSULTANT shall be paid in accordance with the provisions of outstanding Invoices for all work performed up to the date of termination. II S4ptcmbcr, 1995 S,.l- p . 9.2 All claims, counterclaims, disputes, and other matters in question between the CITY and the CONSULTANT arising out of this Agreement or the breach thereof shall be decided by binding arbitration in accordance with the Construction Industry Rules of the American Arbitration Association then obtaining, at the sole discretion of the CONSULTANT. Notice of demand for arbitration must be filed in writing with the other party to this Agreement and with the American Arbitration Association no later than that date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations, In addition, no arbitration proceedings shall include by consolidation, joinder, or in any other manner, any party other than the CITY and the CONSULTANT, and arbitration in respect of a specifically described claim, counterclaim, dispute or other matter in question shall not be expanded to include any other issue. The restrictions of the previous sentence as to parties and issues of the arbitration proceedings may be amended by specific written approval of the CITY and the CONSULTANT for each exception. 10.0 5-VSPENSIONSANCELUAT1Q?LQR ABAMQ MENT 10.1 If any portion of the scope is suspended, canceled, or abandoned by the CITY, the CONSULTANT shall be given five (5) days prior written notice of such action and shall be compensated for professional services provided up to the date of suspension, cancellation or abandonment. 10.2 This Agreement shall be administered and interpreted under the laws of the State of Florida. 11.0 TERMINATION OF CQ VENIENCE Either the CITY or the CONSULTANT may terminate the Agreement at any time by giving written notice to the other of such termination and specifying the effective date of such termination at least thirty (30) days before said termination date. If the Agreement is terminated by the CITY as provided herein, the CONSULTANT will be paid for, services rendered through the date of termination. 12 September, 1995 3.' Yy{.1WIr`.Yn . .r .r .. r Z IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on.the date and year first above written. KIMLEY-HORN AND ASSOCIATES, INC. ITNE?S By: C A Z , w AT?t- Countersigned: CITY OF CLEARWATER By:. Approved as to form and correctness: Attest: 13 Scptembcr, 1995 0• EXHIBIT "A" SCOPE OF SERVICES TASK 1 - Parking Occupancy Parking occupancy is needed in all City-operated off-street lots on the beach side of the bridge within the study area and at selected on-street locations. Parking occupancy to be collected August 25-27, 1995 and September 2-4, 1995 at approximately 10:30 a.m., 12:30 p.m. and 3:30 p.m. The reason for both weekends is to have a contingency in case of rain. The following locations are recommended. ? Lot 30 (Marina) ? Lot 31 (Pier 60) ? Lot 32 (North and South Gulfview) ? Lot 33 (Civic Center) ? Lot 34 (Mandalay South of Papaya) ? Lot 35 (Mandalay North of Papaya) ? Lot 36 (Rockaway) ? Lot 37 (Avalon/Kendall) ? Lot 38 (Bay Esplanade) ? Lot 39 (McKay Field) ? Lot behind Pelican Walk ? On-street parking between Acacia and Glendale on Mandalay Avenue ? On-street parking between 5th and 3rd Streets on S. Gulfview Boulevard ? On-street parking between Marianne Street and Bay Esplanade on Mandalay Avenue ? On-street parking west of Mandalay Avenue on Rockaway Street The CITY will provide parking occupancy at the attended lots (31 and 32) using the revenue control equipment. The remaining locations for parking occupancy will be collected by the CONSULTANT. Exhibit "A" I?- . Task 2 - Parking Turnover Parking turnover is needed in the same locations as occupancy data. However, in the larger homogeneous lots, such as 31, 32 and 36, a sample turnover of approximately 25% of the lot, tabulated every three hours is adequate. The CITY will provide this data for lots 31 and 32 via the revenue control equipment. Other lots should have turnover collected hourly. On-street turnover is required hourly, except between Marianne Street and Bay Esplanade on Mandalay Avenue. In this location, turnover will be collected every half hour since this parking serves many of the businesses on the beach. All parking turnover other than lots 31 and 32 will be collected by the CONSULTANT. Task 3 - Turning Movement Counts The CONSULTANT will provide data about traffic distribution during the peak periods, two hour AM and PM turning movement counts (TMC) be obtained at the entrance/exit points in lots 31 and 32. This will be conducted during one weekend. The time for these counts will be 10:00 a. m. - 12:00 noon and 2:00 p.m. - 4:00 p.m. Task 4 - Other Data Collection ? The CITY will collect parking occupancy during one weekend, daytime occupancy every four hours in the following locations. Garden Avenue Parking Garage Surface Lots: 5, 10, 14, and 15 ? The CITY will provide a three year history of the operating costs and revenue for the parking system. ? If possible, the CITY will provide on disk, -a computer generated base map of the beach and downtown areas. Other reproducible base maps can be used if computer generated maps are not available. (NOTE: Tasks 1 - 4 were paid for by purchase order #18613, 8123/95 for $8,900). 2 Exhibit "A" Task S - Conduct Stakeholder Interviews The CITY will provide a list of individuals and/or organizations and their telephone number/address who may be included in the stakeholder interviews. The CONSULTANT will meet with the CITY to finalize the list of individuals who will be interviewed and the CONSULTANT will establish the interview questions for CITY approval. The CONSULTANT will schedule and conduct up to 20 stakeholder interviews. These interviews will be conducted over a three day period. Task 6 - Data Analysis Based on the patterns of parking use on the beach, the CONSULTANT will define subareas within the study area for the CITY's approval. The analysis undertaken in this task will be organized by subarea. The CONSULTANT will analyze the data reported in Tasks 1-4 and develop a summary of each parking facilities' and each subarea's current conditions. This data will be converted to bar chart format for ease of review by the CITY and the public. An interim draft technical memorandum will be developed that summarizes the results of the data analysis phase of the project. Task 7 - Project Future Parking Demand The CONSULTANT will evaluate future parking demand based on historic parking trends on the beach provided by the CITY and new development that may occur. The CITY will provide data or a contact person to obtain data from regarding potential new projects to be located within or immediately adjacent to the beach study area. This data should include the location, land use, square footage (or number of residential units), the number of parking spaces to be provided, the number of parking spaces that may be lost as a result of the project, and the possible time frame for construction. The CONSULTANT may be required to summarize raw data. The CONSULTANT will develop future parking projections by subarea for up to three land development (redevelopment) scenarios. Task 8 - Define Current and Future Parking Deficiencies and Surpluses The CONSULTANT will evaluate each subarea and define current and potential future 3 Exhibit "A" W parking surpluses and deficiencies. Based on the anticipated construction year of future projects, the CONSULTANT will project the time frame of future deficiencies. Projections of future surpluses and deficiencies will be developed for a five year period. The CONSULTANT will develop an interim draft technical memorandum that summarizes the findings of Tasks 7 and 8. Task 9 - Identify Alternatives Based on the results of Task 7 and 8, the CONSULTANT will develop alternatives for addressing the parking deficiencies by subarea. Up to three (3) alternative parking options will be developed on the beach; and one scenario which includes the use of surplus parking in the downtown, coupled with adequate transit to support the scenario will be developed. If the distance between the "west of the causeway" parking alternatives and the beach exceeds reasonable walking distance thresholds, the CONSULTANT will include appropriate transit service to support the alternative parking sites. The CITY will provide data about the hourly operating costs and current characteristics (headways, number of vehicles, seating capacity) of the Jolley Trolley. Up to three (3) sites for potential new parking construction on the beach will be identified. These will be presumed to be structures, however, they may initially be surface lots. We will develop estimates of probable cost for each option. If land acquisition is required for any of the options, the CITY will provide land cost estimates. Task 10 - Evaluate Alternatives The CONSULTANT will produce conceptual layouts for the structure parking options. Conceptual layouts of the surface parking will be prepared in order to define the location of ingress and egress points in an effort to address potential traffic impacts. The CONSULTANT will develop an evaluation matrix which includes criteria to be discussed with the public and ultimately approved by the CITY. Some of the criteria may include: cost, footprint efficiency, walking distance, consistency with CITY development goals, and potential traffic impacts. The criteria may be assigned weights which will be 4 Exhibit "A" recommended by the CONSULTANT pursuant to the CITY's and the public's perspectives with ultimate approval by the CITY. At the conclusion of this task, the CONSULTANT will provide to the CITY an evaluation matrix that reflects each alternative and how it ranked on the basis of the weighted criteria. The matrix will be accompanied by text that describes the process used to develop the matrix. At the conclusion of Task 10, the CITY may determine that one of more of the alternatives should not be pursued any further. Task 11 - Establish Parking Rates for New Facilities The CONSULTANT will develop and recommend rate assumptions for the new parking alternatives to be approved by the CITY. Rate assumptions must be made before the CONSULTANT can develop revenue projections. Task 12 - Develop Revenue Projections for New Facilities Based on the rate assumptions developed in Task 11, the CONSULTANT will develop a five-year revenue projection for each alternative identified in Task 10: Task 13 - Define Financial Options The CONSULTANT will work with the CITY to define financing sources to implement the alternatives identified in Task 10. Alternative financing options may include, but would not be limited to, parking user fees, revenue bonds, general obligation bonds, Tax Increment Financing (if the CITY agrees to pursue an expansion of the CRA), general fund revenues, existing parking revenues, and special assessments. Task 14 - Develop Implementation Plan Based on the results of Tasks 9-13, the CONSULTANT will develop an implementation plan that describes the alternatives that are recommended for implementation, the costs associated with the alternatives, the revenues projected -for the alternative and the financing mechanisms for funding the program. The CONSULTANT will use a spreadsheet model to present the 5 Exhibit W ¦7+v...... :. - a recommended financial plan. The CONSULTANT will prepare a final report which addresses the process and results of each of the preceding tasks. The report will also document the public involvement program, as described below in Task 15. Task 15 - Consensus Building/Public Involvement/Meetings The CONSULTANT will hold public meetings at a location on the beach at the conclusion of the following tasks: ? Task 4 - Data Collection ? Task 8 - Define Current and Future Parking Surpluses and Deficiencies 0 Task 9 - Identify Alternatives 0 Task 10 - Evaluate Alternatives ? Task 14 - Develop Implementation Plan These public meetings will be organized and facilitated by the CONSULTANT. The CONSULTANT will provide the necessary presentation graphics and any hand-out materials that are necessary. The CONSULTANT will work with the CITY to define the methods of public notification. Some options of notification may include: paid notices in the local newspaper, flyers, portable/changeable message signs, and radio advertisements. The CITY will bear the cost of any paid advertisements. Two computer-enhanced images or renderings of similar quality will be produced showing the top two alternatives. In addition to public meetings, the CONSULTANT will attend the following meetings with CITY staff and City Commission (as noted below) in order to keep the CITY apprised of the project's status and progress. To the greatest extent, the CONSULTANT will attempt to try to schedule milestone and staff meetings on the same day. 6 Exhibit "A" I MEETING TOPIC(S) OBJECTIVE Kick-off with CITY Staff Project Desciiption and Orientation; Refine Goals Schedule and Objectives Meeting with CITY Staff Data Collection and Reach Consensus on Analysis Existing and Future Parking Conditions Meeting with CITY Staff Parking/Transit Alternatives Receive Reaction to Identified Alternatives and Consider Other Potential Alternatives Meeting with CITY Staff Financial Feasibility/Draft Discuss Implementation Report Strategies/Reach Consensus on Program CITY Commission Meeting Present Final Report Take Action on Report Task 16 - Supplemental Services There are a couple of specific techniques that may be appropriate to use in order to gain public consensus on a given optin. However, at this time it is not possible to say definitively which options will be needed. Therefore, for purposes of this scope of services, the following special techniques are listed and the unit cost of each one will be provided for the CITY'S information. The CONSULTANT recommends these be included in the Agreement for services, but suggest that written authorization from the CITY be required in order to initiate the following techniques. a. Project Walk b. Slide Presentation (Fixed Audio) C. Project Notebook d. Evaluate Additional Sites 7 Exhibit "A" FMI, S A ?? Meeting Date: ? Clearwater City Comnussion ??.._ Agenda Cover Memorandum items 3-3 o ?S 5 SUBJECTi 4-Way Stop on Landmark Drive RECOMMENDATION/MOTION: Approve removal of Landmark Drive stop sign installation at the intersection of Landmark Drive and Eagle Estates Circle North/Meadow Hill Drive North. ? and that the appropriate officials be authorized to execute some. BACKGROUND: This 4-way stop was installed on March 22, 1995 following residents' concerns about high traffic volume, accident potential, and speeding on Landmark Drive. Subsequent speed, traffic backup and citation data as well as citizen complaints about the 4-way stop were received by the Mayor and Commissioners for consideration (Attachments A-1 to A-4). Southbound backups of 2200 feet with excessive delays of over 5 minutes were observed during the a.m. peak hour on September 12th (Attachment B). The Manual on Uniform Traffic Control Devices specifies that multi-way stops should ordinarily be used where the volume of traffic on the intersecting roads is approximately equal and where the minor road has a combined pedestrian and traffic volume of 200 per hour for 8 hours each day. Landmark Drive carries 95% of the intersection volume and the minor streets have 54 vehicles during the 7:00 - 8:00 a.m. peak hour (Attachment C). Volumes on Landmark Drive have decreased from 8210 to 7441 vehicles per day and the average speed has decreased approximately 2.4 mph (Attachment D). Speeding continues to be a problem as evidenced by the 61 citations issued in a 4-hour a.m. period on September 11, 1995. This information and a memo from Sergeant Burch (Attachment E) was provided by Captain Egger. Reviewed by: Orlgirwting Dept: Costs: Commission Action: Legal N/A Engineering/ Tote l] Approved Budget Purchasing N/A N/A Traffic Engineering ^•? d Approved w/conditions Risk Mgmt. N/A r Haar Dept: Current F ace Yr. 13 Denied Cis N/A 17 Continued to: ACM Funding Source: Engr. D Capital lop. Advertised: 13 t g cu Date: ® other A l , C? D? i E A /is Paper: ® N d i ot Requ re Wnitted ` Affeeted Parties Appropriation Code: ? None © Notified N/A ® Not Required City ens er Printed an recycled paper ¦:n- - ATTACHMENT A-1 CI'T'Y OF CLEARWATER huterdelm-tniental Correspondence TO: The Honorable Mayor & Commissioners THROUGH: Elizabeth M. Deptula, City Manager FROM: Richard J. Baker, City Engineer COPIES: William C. Baker, Assistant City Manager Kathy S. Rice, Deputy City Manager Capt. Mike Egger, P.D. Lt. David Hardman, P.D. Sgt. Steve Burch, P.D. Don Meerians, Assistant City Traffic Engineer DATE: June 13, 1995 SUBJECT: Multi-way Stop - Landmark Dr. & Lingle Estates Cir. N./Meadow Hill Dr. N.- - The subject installation of March 22, 1995 is undergoing a six-month evaluation period and this memo serves as an interim report on our findings to date. Awaee_Saeed - Studies conducted before and after the installation showed the average speed has dropped from 38.8 mph to 37.5 mph. veragp3agkups (Quct __Length) - During peak AM traffic, the average southbound queue length was found to be 16 cars, and was timed to take one minute and 16 seconds to clear. Considering an average delay of one minute and 16 seconds per vehicle and 727 southbound vehicles from 7-8 AM, the total vehicular delay (for southbound traffic only) would be 15% hours during this one-hour period. Chation-Data - For the two-month period preceding Cite multi-way stop installation, the average speeding citation was 16 MP1J over the posted speed limit of 35 MPH (range 9-37 MPH over). For the two-month period following the installation, the average speeding citation was 24 MPH over (range 18-30 MPH over). Additionally there were 17 citations issued for stop sign observance violations in the two-month period, following the installation. ComRaint Log - We have logged 22 complaints about the installation, including concerns of: 1) unnecessary delay and fumes, 2) long backups blocking driveway access, 3) vehicles speeding up when leaving the slop sign in order to make up for lost time, 4) residents not being informed of City's intent to install the stop signs. The complaints include a letter of opposition from the forest Run Homeowner's Association. A three-page listing of the 22 complaints is attached. My office will continue to monitor conditions on l.andnrnrk Drive and 1 will make a final report on our findings and recommendations in inid September. % ATTACHMENT A-2 LANDNIARIC DR. Q hiEtAI}OW 1111,1, DR. N.lEAGL ESTA'T'ES CIR. N. CITIZEN INPUT' REGARDING MUL'I'l-WAY STOP 1NS'1'A1,LArj,j0N DATE NAME ADDIIESS 111IONE COMMENTS # 03/23/95 Gary 3420 Hyde Park Dr. 539-2871 STOP is doing no good. 'Can't Loingfellow understand why we would do such a thing. 03/23/95 Ron Rowand 3058 Eagles Landing 791-9405 Opposed to STOP signs. S/B backup in AM is over 1000 ft. blocking driveway - motorists will not allow exit onto Landmark Dr. 03/23/95 Pat Furino 3007 Geiger Ct. 4.43-5599 Wants STOP removed. Can't exit her street due to excessive backup. 03/23/95 Laura Bekesh Pasco County 538-3588 Backup of 13 vehicles at 7;30 AM. 03124/95 Carl Algozzina 2811 Meadow hill 736-1405 Can't understand STOP sign. Dr. N. Causes an increase in speed when vehicles leave intersection. Wants it otd. 03/28/95 Al Sachs 3421 Hyde Park Dr. 786-7200 No need for STOP signs on Landmark Dr. Messing up flow of traffic. Why was this done? Very bad idea. 03/28/95 Dr. Robert 3049 Geiger Ct. 786-3245 Opposed to STOP signs. SIB Klein backups are 30-40 cars during AM peak. STOP signs serve no purpose. 03/31/95 Laura Bekesh Pasco County 538-3588 SIB backup up to 18 vehicles this AM. Cars increase speed after stopping. 04/04/95 Renee Dyer 4690 Wrenthan Pl. Wants STOP removed. Vehicles backed up. 04/05195 Ted Berry 3272 Sandy Ridge Backed tip to Curlew ltd. this AM. Dr. It's ludicrous. 04/05/95 Bob 3151 Hyde Park Dr. Cars backed up for Ill mile this Paffenberger Ahl. STOP is not needed. Ten (10) minutes to get through intersection. ATTACHMENT A-3 04105195 Rita Downing 3205 Wessex Way 791-8711 't'raffic backed till to Wessex Way. 784-7290 'look ten (10) minutes to get through intersection 0 7:40 AM. Why weren't residents notified of intent to install signs. Very bad idea; should be removed; ridiculous. 04105195 Karen Glover 2123 Pinnacle Cir. 787-9281 'T'raffic backed up to Curlew Rd. Cgs N. 8:00 AM. 'l'akes 10-20 minutes to get through intersection. Signs are not justified or fair and should be removed. 04/11/95 Bill Appelt 2743 Marlin Way Excessive SIB back tip in AM. 04/11195 Anthony Furino 3007 Geiger Ct. Bnck tip in AM for SIB blocks access to and from street. 04/11/95 Steven & Joyce 3076 Eastland Bv. 791-9223 Since the STOP sign at Landmark Kamen #111 443-0465 it slows traffic crossing 580. I can make a right on 580. 04/11/95 Joseph Blaber 3460 Countryside Bv. 787-5452 STOP signs are a mistake. Sooner 1/50 they are removed the better. 04/11/95 Dr. Richard 2905 Mill Strewn C(. 796-8766 Landmark has become a speedway Gubtier for Palm Harbor drivers during rush hour SIB 7:30-9AM, N/B 4:30-6PM. Solution is not STOP signs but strict enforcement of 35 MP11 speed limit as posted, or better still 25 MP1I limit. 04111/95 George Since 2813 Latitte Ct. 789-6308 STOP sign on Landmark - Lose itl 273-3168 04/13/95 Betty Chauncey 786-9170 Requests STOP signs be replaced Willi signal as (lie STOP signs are causing long backups on Landmark Dr. Feels that installation of four-way stops was unnecessary. 04/13/95 Robert F. 11.0. Box 14804 April l3th letter from Mr. Schlerl Schlerf, Pres. Clearwater, FL stales that as of the April 4th Forest Run 34621 meeting of (lie Forest Run Homeowners Homeowners Assn. the group goes Assn. on record opposing (lie S'T'OP sign. 2 04/27/95 Sandra Ross 3157 Landmark Dr. 786-2836 Requests removal of STOP signs. #415 AM traffic backups create unnecessary delay for motorists and increase exhaust fumes. l 4 1 3 ' CITY Or CLEARWATER Traffic Engineering STOP DELAY STUDY DATA SIB Landmark Dr. Q Eagle Estates Cir. N.IMaadow 1-1111 Dr. Tuesday, September 12, 1 995 Approx. Vehicles Delay Comments . Time of (sec) Day 1 07:14 26 159 Line of sight only, not total backup at this time. 2 07:17 26 156 Line of sight only, not tott+l backup at this time. 3 21 132 Line of sight only, not total backup at this time, 4 07:23 45 331 5 07:29 45 323 j " 6 07:33 43 309 7 07:37 48 334 8 07:42 45 309 ` 9 07:46 29 307 j; 10 07:50 27 144 - ` 11 10 40 12 7 28 13 3 12 14 3 12 ' 15 08:01 10 39 16 6 29 17 08:03 4 18 " 18 6 28 19 6 60 20 5 18 21 8 33 22 08:07 12 57 23 11 45 24 13 59 25 8 35 i' . ATTACHMENT C CITY OF CLEARWATER TRANSPORTATION DIV. RETERENCE: EAGLE/HEADONALAND FILEHAHE: EAGHEOLN INILRSICT1OR OF LANDMARK DRIVE AND EAGLE CST/NEADOU HILL HARE OF COUNTERT HARIENS Z POTTS HEATHER: CLOUDY, CHANCE OF RAIN BATE: 8 / 31 / 95 PERIOD --NORTH DOUND-- --513UT11 BOUND-- --EAST OOUIID-- --VEST BOUND-- VEHICLE BEGIN ----------- LT THRU AT ---- -- ---- - LT THRU RT - LT 1 11RU RT LT TII RU RT TOTAL ----- - - - 07:00 -- -------- ------ ------ 1 28 3 ------------- --- 2 186 0 ------- ------- 1 ----- 0 --------- 2 ------ ------- 15 --- 1 ---------- 3 -- - -- --- 242 07115 0 42 2 0 209 0 0 0 2 5 0 4 264 0700 1 23 1 0 187 0 1 0 2 1 0 2 218 07145 0 24 1 1 156 1 0 0 1 12 0 2 200 j' . HR TOTAL 2 117 7 3 740 1 2 0 7 33 1 11 924 ( 126) ( 744) ( 9) ( 45) 08:00 1 21 1 0 200 1 2 0 0 5 0 • 1 232 ' 08,15 t 32 2 0 137 0 0 0 0 6 0 1 179 I 08130 0 24 0 1 134 0 0 0 0- 4 0 2 165 caws 2 34 3 1 110 2 1 1 4 1 0 2 161 HR TOTAL i 4 111 6 2 581 3 3 1 4 16 0 .6 737- s t 121? 586) • 8) ( 22) 09:00 HR TOTAL WtiY'TOTAL 6 228 13 5 1321 4 5 1 11 49 1 17 1661 FOR THE PERIOD 07:00 - MOO THE PEAK HOUR IS 07:00 - 08.00 " PEAK HR ---- VOLUMES -- -- --- PERCEIITS DIRECTION FACTOR LEFT TIIRU RIG HT LEFT THRU RI GIIT NORTH 0.72 2 117 7 ( 126) 2 93 6 SOUTH 0.89 3 740 1 ( 744) 0 99 0 EAST 0.75 2 0 7 ( 9) 22 0 78 VEST 0.59 33 1 11 ( 45) 73 2 24 ( 924) FoY` 7 Dn W1 ? ? qr,k.-, b- +"\QAC10?? ? 1 vxllxi 1 4911. L CS?TCS TV% . ??30 5Ia CF- ToT AL 'T n-r4'r?Kk t- I si~t - q5, ??Cal c„S I..ANQ r-?ArLk t ATTACHMENT D CITY OF CLEARWATER Traffic Engineering LANDMARK DRIVE STUDY SUMMARIES February 'I_& 2. 1995 Study for 2-l ade section N. of Mea dow Hill Dr. N. NIB SIB NIB & SIB Volume (vehlday) 3907 4303 8210 (total) 85 %tile speed (mph) 44.41 43.34 43.875 (avg) 5o %tile speed (mph) 38.86 38.43 38.645 (avg) Average speed (mph) 39.66 38.73 39.195 (avg) March 22, 1995 Intersection of Landmark Drive @ Eagle Estates Cir. N I Meadow Hill Dr. N. converted to four-way stop. Auaust 29 & 30. 1995 Studv for 2-lane section N. of Buxton Ct. NIB SIB NIB & SIB Volume (vehlday) 3496 3945 7441 (total) 85 Motile speed (mph) 42.51 41.23 41.87 (avg) 54 Motile speed (mph) 37.56 37.01 37.285 (avg) Average speed (mph) 37.14 36.44 36.79 (avg) 5`re '6r;? •'S` :iii' .t %i Y4. iSr ¦I. r 1 S ATTACHMENT E to''. rr.rno Enroreenrnt TO: FROM: COPIES: Clearwater Police Department Inlerdeparinicnl Correspondence Sheet Cnptnin Michnel Egger, Patrol Division Commander Sergeant Steven Burch, Trnffic Enforcentent Team V6 Lieutennnt Wayne Sibbert, Special Operations Section Commander SUBJECT: Landmark Drive/stop signs DATE: Atigust 29, 1995 I hnve resenrched our records rognrding the istop sign erected nt Lnttdmnrk Drive and Engle Estates Circle North. According to our records we have issued thirteen (13) citations for stop sign violations at this location. Further, We have responded to only two reported traffic crashes at that location. I have also observed the location personally and seen the sign's effect on traffic. It appears that the signs have had tittle effect on the overall traffic speed, In addition it lias been reported by officers that there is a significant queue for the slop sign during rush (tour. I would also point out that, although thirteen citations is low for a particular location, it does reflect the afnount of time spent to generate those citations. I have personally spent approximately two hours to generate one citation and one warning. Any amount of time spent enforcing this stop sign takes away from overall enforcement efforts in the Landmark area. f N. ? 1 CTrY OF CLEARWATER Interdepartmental Correspondence Sheet TO: The Honorable Mayor and Commissioners FROM: Richard J. Baier, P.E., City Engineer THROUGH: Betty Deptula, City Manager COPIES: Donald A. Meerians, Assistant Traffic Engineer SUBJECT: Landmark Drive at Eagle Estates Circle North Stop Sign DATE: October 5, 1995 Per City Commission request, my Traffic Engineering Division has analyzed the number, type and location of accidents within this roadway segment during calendar years 1994/95. During 1994 the police reports indicate three northbound accidents all occurring substantially south of the referenced intersection. Two of the three accidents were alcohol related and as such must be disregarded from the analysis. The remaining accident can be attributed to excessive speed on wet pavement. Since this accident occurred south of the stop sign, it is safe to conclude that the stop sign itself had no affect on the motorist's traveling speed. Insofar as the accident rate for 1995, my staff has been unable to recover any reported accidents for this year to date. I should note, however, that the average running speed was minimally affected within the area immediately adjacent to this stop sign. I have included this minimal speed reduction data as support documentation within the agenda item. If you have any additional questions, please do not hesitate to contact me. 5 rf 4 ?r ? i A t. DATE 9?9 :Y1> ITEM w? f r? Fg`r? ,? - Clearwater City Commission Item p. IQ-'S.9 ?. r Agenda Cover Memorandum Mect;ng }ate: SUBJECT: Rcclairmcd Water Rile Siniciure for Single Family, Multi Family and Open Space Customer Classes RECOMMENDATION/MOTION: Direct Staff to ;upend City of Clcant'ater Code of Ordinances to impicinent a rcclaimcd water system for Island Estates with funding provided by the accompanying rate stnlclurc and aulhorire stair to prepare a Nvork order for the production of detailed design/construction plans thereof, © and tlial the appropriate otlicials he authorized to execute same. BACKGROUND: The community "at large" of Island Estates has expressed a strong interest (approximately 356 residents out of 567) in reclaimed water for non-potabrIc irrigation use. The Island Estates/Clearwater Beach barrier islands were selected for initial implementation due to their extreincly high potable water usage per Equivalent Residential Unit, lack of available shallow wells and ability to pay for such an infrastructure. lacing that: 1. PoWblc lvater is a valuable resource which needs to be conserved, particularly in coastal communities such as the City of Cieamatcr; and 2. Treated wastewaler is also a valuable water resource which can safely be used for irrigation purposes, thereby substantially contributing to the conservation of potable water; and 3. The City of Clearwater has determined to establish and construct a City rcclaimcd water system which will make treated wastewater available in certain areas of the City for irrigation purposes; and 4. The City has planned to have such reclaimed system constructed and in operation by 1995 as stated in its Comprehensive Gromh Plan; and 5. The City must renew both its surface water discharge and water utilization permits both of which are expected to be scnitinized given the existing unused wastewater produced by the City, and; 5. The Clearwater City Commission wishes to establish certain lerins and conditions regarding the use of reclaimed water system. The City currently produces 13.5 trillion gallons per day, on average, of treated water of which 12.5 million gallons arc discharged into Clearwater Harbor and Tampa Bay. The City Engineer has promulgated the community acceptance of the 1990 Master Plan adopled by the Commission and has met with representatives of the Southwest Florida Water Management District (SWFWMD). As such, the City is prepared to submit an application for approximately a $1.8 million dollar grant to subsidize to the maximum extent possible the transmission facility construction. In addition, the City Engineer is requesting that SWFWMD subsidize the distribution facilities. This action would be a change in SWFWMD's funding philosophy; they are tentative but considering such a preliminary request. The City will make Revlewed byt Originating Departme Costs: Commission Action: Legal :. ••w^; •.`En?iie?iiitg; . " " "~ ? Approved Budget ?• ' "", "' Total ? Approved with Conditions Purchasing /A User Department: 13 t]onied Risk Mgmt. N/A .: Cucuent FSaraS Year ? Continued lo. Is NIA Put?li bli c Works f=unding Source: Engineering L ? capital ? ACM J Improvement: Finance LyyheA Advertised: ? oparatina: Date: ? Attsciiments: oti Submitted by: kec ar: Pap D Not Required Appropriation Cade Rucltrlmed Water Brnctture May 1995 Martin City Manager ?.. T_. Affected Parties © Notified ? Norio ? Not Ruquirod 0 Printed on rcoycled paper ?l1 Min •?"4.k,. .i?.`.,,. .. .. ... .... .. .o,. .. •`. ... p. .,. y: . .. _ .. ... ,. ., ., .. .. .. . i' application for such grant funds subscfittcttl to Commission action. The subsequent talc slntctures have been prepared by an engineering consultant and reflect a savings to dic typical consumer over the current potable water supply rates. Also, tlhc proposed rcclaimcd water rafc stmctures linve been compared to existing mclered water rates to illustrate (lie cash benefits although the initial reclaimed water supply will not be metered. This concept is consislenl with other municipalltles as they have. impletnewcd this utility and metered only as the demnild exceeded the supply. i: The following attachment contains the proposed rate structure. Sluff recommcnds implementation of tltis talc stnicture for ail of the aforcincntioncd reasons, and due to our impending potable water supply shortage. Unfommalely, Clearwater Beach could not. exceed the. 50% petition signatures required to demonstrate. interest in order to justify expenditure of funds to service this community. We will, however. install lines with stiMcienl reserve capacity to provide service to these potential consumers of Clcanvater Beach. , L:. Sheetl D1-TAILED WORKSH EET CI of Clearwater Reclalmed Water System Expansion Island Estates Service Estimated Customer Rates & Charges Condition - Voluntary Connection (60% Co nnected wlBone fit Payment b All Properti es), SWFWMD Grant, $1,000,000 Ci ty Funds ransmisslon Distribution Total A •ac lities Fc litles Facilities Project Costs $3,290,250 $872,453 $4,162,703 SWFWMD (P•A) Grant ($1,645,175 $0 ($1,845,125 CI Funds $1,000,000) $0 ($1,000.000) Customer Share of Project Costs $645,125 $872,453 $1,517,578 Amount Financed $845,125 $872,453 $1,517,578 Finance Costs 9 13,5% $87,092 $117,781 $204,873 Par Amount of Loan $732,217 $990,2x4 $1,722,451 Annual Debt Service @ 6%, 20 yrs $53,849 $86,348 $150,198 CUSTOMER SERVICE CHARGE S CUSTOMER CLASS Open Space Single Family Multi Family $/Aa $/Res $/Res (145 coflmo 10 ccflmo) (4 ccflmo) Capital Recovery Charge Monthly Payment Basis $38,38 . $13,16 $2.39 Monthly Service Charge O & M @ $0.21 per ccf $30.35 $3.35 $0.84 Administration & Billing $1.50 $1.50 $1.50 .fdt?ill? ?.M W/ Capital Recovery Charge y $70.25 $18.p0 $4,72 Comparable Lawn Meter Charge ($2.801ccf) $406.00 $44.80 $11.20 Selected Customer Billings Actual 8194): lawn M eter Consumpt lon 10 ccf 12 ccf 51. ccf Total Monthly Payment wl Reclaimed wlo Capital Recovery Charge wl Capital Recovery Charge $3.59 $16.75 $4.01 $17.17 $12.18 $25.33 Total Monthly Payment WI potabl Effective Savings wl Reclalmed e _ 27.98 $11.23 33.44 $16.27 162.93 $137.60 Page 1 1I CITY OF CLEARWATER. Interdepartment Correspondence Sheet TO: The Honorable Mayor and Commissioners THROUGH: Elizabeth M. Deptula, City Manager FROM: Richard J. Baler, City Engineer COPIES: Kathy S. Rice, Deputy City Manag William C. Baker, Assistant City Manager Margaret L. Simmons, Finance Director Gardner Smith, Public Works Director SUBJECT: Reclaimed Water - Phase 3 DATE: May 10, 1995 Please find attached herewith a proposal regarding estimated Customer Rates and Charges set forth at a meeting of the Island Estates Civic Association. This represents the culmination of much effort set forth by my staff and myself subsequent to my meeting with Bruce Wirth of SWFWMD. During said meeting, he indicated to me that the City will have great difficulty renewing its permits for discharge of treated wastewater come their expiration in 1996. Even more alarming, the City most likely will have to reduce its rate of potable water consumption by an estimated 20% as a condition of the City renewing its water use permits in 1997. I offer the following background information: .. The City of Clearwater as a consumer of water itself has consumed 5 million gallons of potable water to irrigate the Memorial Causeway over the past two years. The Island Estates/Clearwater beach areas use the most water per capita within the City limits. Island Estates consumes an average of 440,000 gallons of potable water per day. The present cost of water is $1.32/gal. and is projected to increase by 30 - 35% within the near future. The City has developed a proposed rate/charge plan in which the customer may pay the capital recovery charge in a "lump sum" type payment or amortize over 20 years the payment. .. SWFWMD has indicated we stand an excellent chance to receive a 501/16 grant from the Pinellas/Anclote (P.A.) Basin Board. ., The obvious ecological/environmental benefits of reclaimed water given the conservation of our potable water supply. .;i The proposal is in alignment with our 1988 adopted Comprehensive Growth Plan. (continued) Memo to: The Honorable Mayor and Commissioners Page 2 tcont'd.? Date: May 10, 1995 The proposal is an outgrowth of the adopted Master Plan for Reclaimed Water. It is important to note this community is only one portion of one phase of our Master Plan. The start of this or any phase is based on community interest and City staff will solicit additional community interest along this pipeline once we get one community to complete the petition process. ?. The proposal incorporates the "implementation by neighborhood" through petition process and this community has several petitions circulating with wbil over 100 supporters. Please see the attached sheet which outlines the proposal. A second meeting for this topic concerning the beach area will be held on May 24th at the Memorial Civic Center at 7:00 p.m. I have annotated the attachment to assist in your review. If further information is needed, please contact me at 462-6042. RJB/jl Attachment I?Inclm.?rx i I UNCONNECTED PROPERTY CffARG S C9 Ital RlacovB Charg ? Monthly Pa ment Basis N8139 $13,16 $2,39 Month Service Charad Administration & Billing $1,50 $1.50 51.50 ? Wf Ca ital Recovery charge $39.89 $1d.86 _ g3.8B 4 I • • w r • • a • • • • • • • s • r • w • • • r • • • • • ¦ • • a ¦ • v v? V? V] 00 • • • • • ¦ ¦ a w • r • • • w ¦ • • • • ¦ • • r r r • • r r • • r • r • • r • • r r • • • ¦ ¦ ¦ • • r r • • • • • a • w ¦ r • • r • ¦ s ?w ¦ ¦ ¦ X, :1.111 ¦ w • Cf) i • w • ¦ • • • s • • w w • w • w • • w w ¦ • • w • • • r r ¦ • a ¦ • r • ¦ • r • • ¦ • • • • • • • s e e • • • • w • ¦ • ¦ • • ¦ • • • 4jo E! .0 ai c R >. u C: CL .n o . .n .S a? cko CU ? 8d.? ti, p a. E A9 ???abw .w? ? 3 w 0Q?0a:: ar- 13F 3R?v loo- c Cho ?. QJ r. 0 ?5 V CS ? ? ? v a a ? ? p C °°;v9 aci° ° ?i cu 2 - U t b E - v a? (u ij r- P. r;-4 0 lt? u o 4.4 C (U 13 .1Z C: "5 0 • a Ma ca o8?c poo.v cu 0 . + ar 4- 9 5.2 ..s p ,q .... , . .s O .s QJ 41 4. ?y 6J •? W V [ A E-0 r- 0 fl C° C, u (u ,U ok -tau ca.,.0v ?ECo o do.v bo C: p .a a >, PC V +r ? fu b : y a ° :3 0N ° A , u y ro c v ? O q a . Q p CbC? .? C fi 4 Q, a O C a, a, i a 1 .14 a O .n U y ?. ?. ? y ti 4 ??° Q3 ?a ?-o~-c-c.c 0u,U0:?`?'? nag o y :? a w y o a C •? y Eo 2 .O ? cri 'U G ?; a '• -? ti B ' O. oq O v ?. v O U v Qa r.° v a a v o a ?. °q n r C's m w ?. cu o p? v, o ?w Eo t,,,,1 c? 4y w a o05 4-4 c m (:)ovbwbn a .. ?y c a? .. a E a o aiao. ohvv- a(U it a 0 'n X4.0 '? ?• c y ??? a. $ 10 m C: S-4 'G QL .te ro t0 Ci r?+ a ?'" L° ' y ...4 a v- V a -- T? Q o :3 .. QJ ?' ?. 'C] O U ?° a q '? .C QJ '??{ a 'LS CCt C1 [ C cti 41 •? v cu 5 rn td V. ? tzAE°o...aa•,o ?wa0C°u-0 a ? ?••? ?vA? MAC a,a?•??•?ti.?•° m? v ca c?°?•:°?rd ooasNC?a?a?'ns C¢ O C :? .? c L 'a ?. as a a u p 4- a O U C ,? a0 O .v g G. O p "a V •t] ._ RS C :- a O;» d q C) in v°i O 2 c V x N a R. cul o a ri Ii4 t.l 1. i t . o o a- o a0i a •? 5 a vi U G =3 0 °. ac> Rt,0o2? Za.aaiv o.C,c 4•.s Ol Z! a?La6. v ?+ V °? c m vc,?cS, cl °oa? _0 6 -0 w to J4 p a`?s V' o W a n c O Di s ?'a o:e o° An om°:. :o E 'a'uo A Q3 ?.qo° vas ?"¦1 i/? a a'! c! 4 a N y b ,+.+ ~ D a `O° c?c n" cLUO ... Q? 'til ^ U O ~ 0 ? > (U CO u -0 r`y a?aRp?o.S aoma C/? aao'?a•°'v ° y-°cowaov .0 V) M Li 0 ces ca j. v ° x 'ta ro a r.? !y? ??1 .SC t. ?*•+ O 'V; w D 'V ?tz .a Q . ? U O to (y u 'p 0'a 0 M. 16 Iii !2 rs U '? ° rS ?} V w CI. a U -M W U N =QJ C .a .a m ?+ O~ ?.SG a M O .? vi wo 0 C: dcowr?v, a.aa IDAT ?. F fe;titi .as AGEjyDA i f 1 E t f M E M O R A N D U M .3S-'k TO: The Honorable Mayor and Members of the City Commission FROM: Pamela K. Akin, City Attorney RE: Skytower Lease Agreement DATE: September 27, 1995 Attached is a copy of the proposed Skytower lease agreement which will be on the agenda for Monday's work session. 35 fat •f 4 r> !^ 4 i f LEASE AGREEMENT THIS LEASE is made and entered into as of the day of 1995 (the "Effective Date"), by and between THE CITY OF CLEARWATER, FLORIDA ("Landlord") and SKYTOWER CORPORATION, a Florida limited liability company ("Tenant"). 1. LEASED PREMISES, Landlord hereby leases to Tenant, for the term, at the rental rate and upon the other terms and conditions hereinafter set forth, the premises- hereinafter referred to as the "Leased Premises,". consisting of approximately 5,085 square feet located on the east side of Poinsettia Avenue in the center parking isle of the Memorial Civic Center Parking lot, in Clearwater, County of Pinellas, State of Florida, which Leased Premises is more particularly depicted on Exhibit "A" attached hereto. 2. TENANT IMPROVEMENTS. a. Tenant is leasing the Leased Premises for the primary purpose of constructing and operating a tower with a mechanical elevator (the "Tower"). Tenant acknowledges that the Leased Premises are sufficient for construction and operation of the Tower and -for the necessary mechanical 'equipment to operate--the Tower. Said mechanical equipment shall be housed in a manner that is safe and aesthetically pleasing, which determination shall be made in Landlord's sole discretion as part of the approval process described below. b. - Within sixty (60) days from the Effective Date Tenant shall submit to Landlord for its review proposed plans and specifications (the "Plans") for the Tower. Landlord and/or its agents shall then have thirty (30) days to review said Plans. Landlord{ shall approve or reject-said Plans, in Landlord's sole and absolute discretion, within said 30-day period; provided, however, that if Landlord does not respond at all, the Plans shall be deemed rejected. If the Plans are rejected by Landlord for whatever reason, Tenant shall have a period of thirty (30) days to modify and resubmit the Plans E l-... R•. for consideration by Landlord 'as provided above. If the modified Plans still are unacceptable to Landlord, and unless Landlord notifies Tenant of Landlord's willingness to review further modifications, which Landlord may or may not do in its sole discretion, this Lease shall terminate and Tenant shall receive a return of any security deposit made hereunder. If the Plans are approved, Tenant shall have three hundred (300) days to construct the Tower and related facilities in strict compliance with the approved Plans; provided, however, that changes may be made in the field pursuant to written change orders if said change orders also are approved, in writing, by Landlord or its designated agent. The 300-day construction period may be extended in the event of delays beyond Tenant's control or upon mutual agreement of the parties. • Landlord's review and approval shall be solely in its capacity as a property owner and not in its capacity as a governing municipality. C. With respect to certain permits that Tenant may have to obtain to construct the Tower, the following. provisions shall apply: (1) Landlord will prepare all applications for any permit(s) required by the Southwest Florida Water Management District and/or the - Florida Department of- Environmental-Protection, including preparation of any documents-that are - to be attached to such applications. (2) Tenant shall pay all applicable fees and out-of-pocket expenses relating to the application(s) for permit(s). set forth above, including consulting fees and services outside the scope of the expertise of Landlord's- staff. - d. Once Landlord has approved the Plans in its capacity as a property owner, Tenant nevertheless must follow all applicable rules, regulations, codes, and procedures for the construction and operation of the Tower and related facilities (including compliance with the Americans With Disabilities Act). Nothing herein shall be -2- p,,-,, , construed to limit Tenant's rights in any way, including the right to seek such variances as Tenant deems necessary or appropriate. _ e. Tenant small pay all impact fees associated with the development and construction contemplated in this Lease. f. Prior to commencement of any construction on the Leased Premises, Tenant shall obtain and deliver to Landlord, in an amount, in a form, and from.' a bank or company reasonably acceptable to Landlord, a letter of credit or surety bond securing full performance by Tenant of its obligation to construct the Tower and.securing Tenant's obligation hereunder to disassemble and remove the Tower in the event of a default and in the event Landlord so desires. Said letter of credit or surety bond shall remain in place for the full term of this Lease (including any renewals hereof), and Tenant shall provide written evidence of the continued existence of same on an annual basis. g. The Commencement Date of this Lease shall be the date which-is the date Tenant first opens for business, or August 1, 1996, whichever date first occurs. ~ - _ h: -Prior 'to opening for business to the public, Tenant shall conduct all necessary and appropriate tests, federal, state, local, and otherwise, relative to the structural integrity of the Tower to ensure that the Tower, as completed, is safe and structurally sound. Said tests shall include, but not be limited to, dye penetrant, engineering, and, if necessary, wind tunnel tests. Copies of all tests and test results shall be provided to, and acceptable to, Landlord, in its sole discretion. After opening for business, and so long as this Lease is in effect, Tenant.shall conduct such tests as Landlord reasonably may request and provide the results to-Landlord. All tests required a hereunder shall be at Tenant's sole cost and expense. -3. i s - i. As part of and during the construction process, Landlord shall be responsible for the initial landscaping of the Leased Premises. Landlord hereby reserves on behalf of itself and its agents a temporary easement over the Leased Premises for purposes of installing said landscaping. The landscaping shall be determined- by Landlord in its sole discretion. From the Commencement Date through the end of the Lease Term, Tenant shall be responsible for maintaining the landscaping in a condition substantially similar to that which exists when Landlord completes the initial landscaping, taking into account changes that may occur naturally over time. Tenant's maintenance obligation shall include watering (in compliance with applicable ' governmental rules) and replacement of plants and vegetation that dies. j. Landlord agrees to cooperate with tenant in order tofacilitate pedestrian access to the property. Such improvements as Landlord deems appropriate will be provided at Landlords' expense. 3. TERM. The term of this Lease shall be for a period of twenty (20) years, commencing on the Commencement Date. The first "Lease Year" is hereby defined to mean the period commencing on the Commencement Date and ending on" the - last day of the month preceding the first anniversary of the Term. Tenant also shall have the renewal option provided for in paragraph 6 hereof. 4. RENT. Tenant covenants and agrees to pay Landlord minimum annual rent (the "Base Rent") in the amount of $50,000, which Base Rent shall be paid- in twelve (12) equal monthly payments beginning on the Commencement Date and paid _ each month thereafter in advance on the first day of each calendar month of the Lease Term. Notwithstanding the above, Tenant acknowledges that the Base Rent is a guaranteed minimum rent. To the extent that the amount equal to fifteen percent (15%) of Tenant's annual Gross Revenue (as defined below) exceeds $50,000, Tenant shall it -4- pay to Landlord, as additional rent above and beyond the Base Rent, the amount- by which fifteen percent (15%) of T enant's Gross Revenue for any lease year exceeds $50,000. The additional rent shall be due in one lump-sum payment within thirty (30) days from the end of the lease year.. By way of illustration, assume Tenant's Gross Revenue for the first lease year is $300,000. No additional rent would be due above and beyond the $50,000 Base Rent (because 15% of $300,000 = $45,000, which is less than $50,000). However, assume Tenant's Gross Revenue for the second lease year is $600,000. In addition to the Base Rent that Tenant will have paid over the course of said second lease year, Tenant will be required to pay, within 30 days after the end of the second lease year, a lump-sum payment to Landlord of $40,000 (because 15% of $600,000 = $90,000, which exceeds $50,000 by X40,000). "Gross Revenue" shall be defined as gross receipts of Tenant and of all licensees, concessionaires and tenants or tenant of Tenant, from all business-conducted upon or from the Premises, and whether such business be conducted by Tenant or by any licensees, concessionaires or tenants or tenant of Tenant, and whether such receipts be evidenced by check, credit, charge account, exchange or otherwise, and ?- -- shall include, but not be limited to, the amount received from the sale of goods, wares, - - food, beverages, of every kind, and merchandise and for services performed on or at the Premises, together with the amount of all orders taken or received at the Premises, or off the Premises, whether such orders be filled from the Premises or elsewhere or whether such goods, foods, wares or beverages are consumed on the Premises or elsewhere.. Gross Revenue shall also include all discounted sales to employees and others, Tower tickets sales, income from antennae leases, if any, and the sale of merchandise (shirts, mugs, etc.). If any portion of the Premises is sublet by Tenant or business therein conducted by any persons, firm or corporation other than Tenant (regardless of whether such sublessee has been rightfully approved by Landlord in -5- accordance with the terms of this Lease), then there shall be included in gross receipts hereunder all the gross receipts of such subtenant, person, firm or corporation, in the same- manner and with the same effect as if the business or sales thereof had been conducted by Tenant itself. Gross Revenue shall not include sales of merchandise for _ which cash has been refunded, or allowances made on merchandise claimed to be defective or unsatisfactory, provided they shall have been included in gross receipts; and there shall be deducted from Gross Revenue the sales price of any goods, wares, food, beverages or merchandise returned by customers for exchange, provided the sales price thereof shall be included in Gross Revenue. Gross Revenue shall not include the amount of any sales, use or gross receipts tax imposed by any federal, state, municipal, governmental authority directly on sales and collected from customers, provided the amount thereof is added to the selling price or absorbed therein, and paid by the Tenant to such governmental authority. Gross Revenue shall not include interest income on any deposits Tenant may have or interest income derived from any of Tenant's investments. No franchise or capital stock tax and no income or similar tax based upon income or profits as such shall be deducted from Gross Revenue in any event whatever. 5. REPORTING. For the purpose of ascertaining the amount payable as additional rent under paragraph 4 above, Tenant agrees to keep on the Leased Premises for a period of not less than two (2) years following the end of each lease year adequate records which shall show all gross receipts, sales, and all other information necessary to determine the Gross Revenue. Tenant shall submit to Landlord on or before the 15th day following each - month during the Term hereof (including the 15th day of the month following the end of the Teri) at the place then fixed for the payment of rent, a written statement, in a form p acceptable to Landlord's City Manager, signed by Tenant and certified by its chief financial officer to be true and correct, showing, in reasonably accurate detail, the -6- amount of Gross Revenue for the preceding month and fractional month, if any, prior to the commencement of the Term of this Lease. After the statement for the first month of each Lease Year, the monthly report also shall show in reasonably accurate detail, the amount of Gross Revenue for the year-to-date. The Landlord may cause, at any reasonable time upon thirty (30) days prior written notice to Tenant, an audit to be made of Tenant's records pertaining to the determination of gross receipts provided that same shall be initiated within ninety (90) days after the Landlord's request of the income statement from Tenant. Said audit shall be at the expense of Landlord unless same shall indicate a discrepancy in excess of two (2%) percent of the gross receipts reported, in which event the Tenant shall bear the expense of said audit in addition to the deficiency in additional rent which said audit discloses, which deficiency shall be payable within thirty (30) days. 6. RENEWAL OPTIONS. So long as both parties consent and agree (which agreement shall be reached at least six (6) months prior to the end of the twentieth lease year), this Lease shall be renewed for a period of five (5) years. In the event the parties mutually agree to the five-year renewal provided above, the percentage -rent used in determining the additional rent in paragraph 4 above shall increase from fifteen percent (15%) to twenty percent (20%) for each of the final five years of this Lease, as renewed. 7. SECURITY DEPOSIT. Within five (5) business days from the date of execution of the Lease, and in addition to the bond required in paragraph 2.f. above, Tenant shall deposit with Landlord five thousand-dollars ($5,000) as security -for the performance by Tenant of the terms, covenants and conditions of this Lease to be kept and performed by Tenant. If Tenant defaults with respect to any material provision of this Lease, including but not limited to the provisions relating to the payment of rent, Landlord may (but shall not be required to) draw upon, use, apply or retain all of, or any 11 i i M -7- i ...r. part of, this Security Deposit for payment of any rent, or other sums due under this Lease which shall be in default in the payment thereof, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default. Landlord shall not be required to keep any portion of the Security-. Deposit paid in cash separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every material provision of this Lease to be performed by it, the Security Deposit or any balance thereof- shall be returned to Tenant or applied to the last month's rent in Landlord's discretion (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) within fifteen (15) days after the expiration or termination of this Lease. 8. SALES TAX. Along with and in addition to each monthly rental payment under this Lease, Tenant shall pay to Landlord sales or privilege tax required by Florida Statutes §212.031 and any amendments or replacements thereof. Such tax is presently at the rate of seven percent (7%) of the total rent. 9. USE. Tenant agrees that Tenant will use and occupy said premises only for the purposes set forth as follows, and for no other purpose without prior written -- consent of Landlord. Tenant shall construct and operate a tower on the premises for visitors and tourists, together with a ticketing facility which shall offer for sale to the public a limited number of retail items, all of which items shall be approved by the Landlord's designated representative and all of which shall contain a logo of the Tower, which logo shall be developed by the Tenant and approved by the Landlord prior to the Commencement Date. 10. UTILITIES AND SERVICES. Subject to Landlord's approval and consent?Jenant shall establish the operating hours for the Tower. Tenant shall make its own arrangements for the provision of electrical energy, water, gas and other necessary utilities ("Utilities") to the Premises and shall pay the full cost thereof directly -8- _to the utility company providing same. Tenant's use of electrical energy in the Premises shall not at any time exceed the capacity of 'any of the electrical conductors or equipment in or otherwise servicing the Premises. In order to insure that such capacity is not exceeded and to avert possible adverse effect upon the Building electric service, Tenant shall not, without -prior written notice to Landlord in each instance, make any alteration or addition to the electric system of the Premises. Unless Landlord shall reasonably object to the connection of any fixtures, appliances or equipment, • all additional risers or other equipment required therefor shall be provided by Tenant and the cost thereof shall be paid by Tenant upon Landlord's demand. 11. QUIET ENJOYMENT. Landlord covenants that so long as Tenant is not in default hereunder, Tenant shall peaceably and quietly have, hold and enjoy the Leased Premises during the term of this Lease and any renewal or extension thereof, subject to the provisions of this Lease. 12. MAINTENANCE. Tenant shall lease and accept the Leased Premises in their condition at the beginning of the occupancy thereof, and by such occupancy, acknowledges that the Leased Premises are in good-and satisfactory condition for the purposes for which the premises- will be -used. Tenant assumes responsibility throughout the term of this Lease for maintaining the Leased Premises (including the Tower to be constructed thereon) in a good, orderly and safe condition and state of repair. Tenant.shall furthermore promptly repair all damage or injury to other parts of the Leased Premises, if such damage or injury is-caused by or attributable to the activity or omissions of Tenant, its servants, agents, employees, invitees- or licensees. 13. ALTERATIONS. a. Except for the initial construction of the Tower and related facilities as provided in paragraph 2 above, Tenant shall make no installations, M -9- alterations, additions or improvements in or to the Leased Premises-without Landlord's prior written consent, which consent shall not be'unreasonably withheld, and then at the sole expense of Tenant and only by engineers, contractors or mechanics approved by Landlord and subject to such reasonable conditions as Landlord reasonably may impose. Tenant shall, before making any installations, alterations, additions or improvements, obtain all permits, approvals and certificates required by any governmental body or agency, and certificates of final approval thereof, and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry, or to cause Tenant's contractor and subcontractors to carry, such workmen's compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Tenant has no authority or power to cause or permit any lien or encumbrance, whether created by act of Tenant, operation of law or otherwise, to be attached to or be placed upon the Leased Premises, and any and all liens and encumbrances created by Tenant shall be attached only to Tenant's interest in the Leased Premises. Any lien or claim of lien fled against the Leased Premises for work claimed to have been done for, or for materials claimed to have been furnished to Tenant, shall be discharged by Tenant within - ten (10) days thereafter, at Tenant's expense. - If Tenant fails to discharge any such lien, then Landlord, at Landlord's option, may discharge such lien, and the costs incurred by Landlord in such discharge shall be due from Tenant on demand and shall bear interest at the highest lawful rate. 14. LIABILITY. Notwithstanding that joint or concurrent liability may be imposed upon Landlord by law, Tenant shall indemnify and, hold Landlord and its agents, servants and employees harmless from and against all causes of action, claims, damages, losses and expenses, including reasonable attorneys' fees, resulting from or arising out of bodily injury, sickness, disease 'or death, or injury to or destruction of tangible property resulting from affirmative acts of negligence by Tenant or its agents, -10- f servants, employees, Invitees, or licensees. Moreover, Landlord shall not be liable for any damage or injury to the Leased Premises, to Tenant's property, to Tenant, its agents, contractors, employees, invitees or licensees, arising from any use or condition of the Leased Premises, or any sidewalk, entranceway, or parking lot -serving or surrounding the Leased Premises. 15. INSURANCE. Tenant shall, at its expense, at all times during the Term of this Lease, maintain in force a policy or policies of comprehensive public liability insurance, including property damage, written by one. or more responsible insurance companies licensed to do business in the State of Florida, insuring Tenant and naming Landlord as an additional insured and as the certificate holder thereof, against claims for loss of life, bodily injury and property damage occurring in, on or about the Leased Premises or the_ Building or with respect to.the business operated by Tenant in the Leased Premises, in which the limit on public liability coverage shall not be less than Ten Million Dollars ($10,000,000) for combined single-limit bodily injury, death, and property damage liability. Each such policy of insurance shall not be cancelable or amendable for any cause without first giving Landlord thirty (30) days' prior written notice. A copy of a certificate of said insurance shall -be delivered to-- Landlord on or before -the commencement of the Term of this Lease, and copies or certificates with respect to all renewals, extensions or replacements thereof shall thereafter be furnished to Landlord at least ten (10) days prior to the expiration or cancellation of any policies which they replace. In case of fire or other casualty, Tenant shall immediately give notice thereof to Landlord. - 16. WORKER'S COMPENSATION- INSURANCE. Tenant shall, at all times 4youghout this Lease, and any renewal thereof, provide worker's compensation insurance, protecting Landlord and Tenant from liability under the Worker's Compensation Act and shall also provide, from the Effective Date, a policy for insurance -11- against loss of rent, which shall provide for payment to Landlord of an amount equal to the rental payable to Landlord hereunder for a period of not less than eighteen (18) months. 17. EMINENT DOMAIN. In-the event all or any portion of the Leased . Premises, or the real property of which they form a part, is taken by any governmental authority under the exercise of its right of eminent domain or similar. right (or by act in lieu thereof), all right, title and interest in and to any award granted (or sums paid in lieu thereof) shall belong entirely to Landlord, and Tenant hereby assigns to Landlord all of its interest, title or claim, if any, in and to such award (or sums paid in lieu thereof), including, but not limited to, any part of such award attributable to Tenant's leasehold interest, if any. In the event of a temporary taking, that is, if all or any portion of the Leased Premises or the real property of which they form a part, is taken by an governmental authority under the exercise of its right to eminent domain or similar right (or by act in lieu thereof) for a period of time which is less than the remaining term of this Lease, rent shall, during the period of such taking, but not thereafter, be proportionately abated or totally abated if the temporary taking is total, but such taking shall riot terminate this Lease. In the event of a partial taking which includes 25% or more of the Leased Premises, Landlord shall have the right to cancel this Lease upon sixty (60) days prior written notice to Tenant, 18. SUBORDINATION. This Lease is subject and subordinate to any mortgage which now or thereafter encumbers or affects the Leased Premises and to all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self operative and no further instrument of subordination need be required by any mortgagee or Landlord. In confirmation of such subordination, however, Tenant shall, within five (5) business days of Landlord's request, promptly execute any appropriate certificate or instrument that Landlord may request. In the event of the -12- A—. enforcement by the holder of any such instrument of the remedies provided for by law or by such mortgage or land lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically become the Tenant of such successor in interest without.change in the terms or other provision of this Lease. Upon request by such successor in interest, Tenant shall execute and deliver an instrument or instruments confirming the attornment herein provided for. 19. ESTOPPEL CERTIFICATE. Tenant shall, from time to time, upon not less than ten (10) days' prior written request by the Landlord, execute, acknowledge and deliver to Landlord a written estoppel certificate in such form as Landlord may reasonably require, certifying that this Lease is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as modified and stating.the modifications), the dates to which the rent and other charges have been paid, whether or not to the best of Tenant's knowledge Landlord is in default hereunder (and, if so, specifying the nature of the default), and such other matters as may be required by Landlord or the holder of any mortgage to which the- Leased Premises are subject, it being intended that any such statement delivered pursuant to this paragraph - 19 may be relied upon by a prospective purchaser of Landlord's interest or mortgagee of Landlord's interest or assignee of any mortgage or deed of trust upon Landlord's interest in the Leased Premises. 20. ACCESS TO PREMISES. Landlord shall at all times during the term --of this Lease ensure that Tenant has legal access to the Leased Premises. _ 21. TENANT RISK. Tenant agrees that all personal property and equipnVnt brought into the Leased Premises by Tenant, its employees, licensees and invitees shall be at the sole risk of Tenant. Landlord shall not be liable for theft thereof -13- El t" . f or of any money deposited therein or for any damages thereto; such theft or damage being the sole responsibility of Tenant. 22. DEFAULT. In case of failure by Tenant to pay any installation of rent within five (5) days after the same is due, or failure to remedy within fifteen (15) days after notice of a default by Tenant with respect to any of the other covenants, conditions and- agreements contained herein or in any rider or other addendum hereto, or if a petition in bankruptcy is filed by Tenant or if proceedings under any bankruptcy or debtor's relief law shall be filed against Tenant, or if Tenant becomes insolvent, of if proceedings are taken by or against Tenant seeking the appointment of a receiver or similar relief, of if Tenant, without the written consent of Landlord, misuses the Leased Premises, or makes or attempts to make any- sale or removal of the. movable property in the Leased Premises on which Landlord has a lien, Landlord may,.in addition to any other right or rights which Landlord may have under the provisions of this Lease or by law, and at Landlord's option: a. Proceed for past due installments of rent or other charges hereunder,. reserving its right to proceed later for the remaining installments, or b. Terminate this Lease by written notice to Tenant, and immediately expel Tenant, without, however, waiving Landlord's right to collect all installments- of rent and other payments due or owing for the period up to the time Landlord regains occupancy. Upon such termination by Landlord, Tenant will at once surrender possession of the Leased Premises to Landlord and remove all of Tenant's property therefrom; and. Landlord may forthwith re-enter the Leased Premises and repossess itself thereof', and remove all persons and property therefrom, using such means4s are necessary without being guilty of trespass, forcible entry or detainer, or other tort, or. -14- W*%- . , c. As Tenant's agent, without terminating this Lease, enter upon and rent the Leased Premises at the best price obtainable by reasonable-effort, with or without advertising, and by private negotiations and for any term Landlord deems proper. Tenant shall be liable to Landlord for the reasonable deficiency, if any, between the rental due hereunder and the total rental applicable to the Lease obtained by Landlord on re-letting, after deducting Landlord's expenses in restoring the Leased Premises and all costs incident to such re-letting, including without limitation, advertising costs, reasonable legal fees and brokerage commissions. The total rental applicable to the term obtained by Landlord on such re-letting shall be the property of the Landlord, and Landlord shall not be liable to Tenant for any excess thereof over the rental reserved hereunder, the rights to any such excess, if any, being hereby waived by Tenant. All rights and remedies of Landlord shall not exclude any other right or remedy allowed by this Cease or by law. Tenant acknowledges that the intended use for the Leased Premises is unique and that it.may be extremely difficult for Landlord to find a replacement tenant, notwithstanding Landlord's efforts. -23. FAILURE TO INSIST ON STRICT'PERFORMANCE. The failure of Landlord or Tenant to insist, in any one or more instances, upon a strict performance of any covenant of this Lease shall not be construed as a waiver or relinquishment thereof, but the same shall continue and remain in full force and effect. The receipt by Landlord of rent with knowledge of the breach of any covenant of Tenant- hereunder shall not be deemed a waiver of the rights of Landlord with respect to such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless expresVd in writing and signed by the Landlord. 24. SURRENDER OF LEASED PREMISES, _15- a. Tenant shall, upon the termination of this Lease, by lapse of time or otherwise, return the Leased Premises to Landlord in as good condition as when received, loss by fire or other unavoidable casualty and ordinary wear excepted. It is understood and agreed that the exception made as to "loss by fire or other unavoidable casualty" does not include damages, fires or casualties caused or contributed to by the act or neglec# of Tenant, its servants, agents, employees, invitees or licensees, and not compensated for by insurance. b. All installations, additions, fixtures- and improvements in or upon the Leased Premises, whether placed there by Landlord or Tenant (except for the Tower and the related facilities, which are separately addressed in subparagraph 24(d) below) shall become the property of Landlord and shall remain upon the Leased Premises at the termination of the Lease without compensation, allowance or credit to the Tenant; provided, however, if prior to such termination or within ten (10) days thereafter Landlord so directs by written notice, Tenant shall promptly remove those installations, fixtures and improvements placed in the Leased Premises by Tenant, including, but not limited to, the Tower and related facilities, or by Landlord at Tenant's request, as designated in the notice, and upon failure of Tenant to so remove, Landlord shall have the right to do so at Tenant's expense. C. Any furniture, equipment, machinery or other movable property brought onto the Leased Premises during Tenant's occupancy thereof not incorporated into the operation of the Tower and not removed at the termination of the Lease may be handled, removed or stored by Landlord, at the cost, expense and risk of Tenant, with no liability upon Landlord for loss or injury thereto and without prejudice to Landlord's lien aVrivilege securing all sums due hereunder. Tenant shall pay Landlord for all expenses incurred by Landlord in such removal and storage charges against such property so long as the same shall be in Landlord's possession or under Landlord's -16- ..'.. , control. All property not removed from the Leased Premises or retaken from storage by Tenant within thirty (30) days after the termination of this Lease, however terminated, shall be conclusively deemed to have been conveyed by Tenant to Landlord as by bill of sale without further payment or credit by Landlord to Tenant: d. Upon termination of this Lease, for whatever reason, Tenant shall have a period of one hundred twenty (120) days to disassemble the Tower and related facilities and remove them from the Leased Premises, all at Tenant's sole cost and expense. If Tenant fails 'to accomplish the disassembly and removal within said sixty-day period, Landlord shall have the option to: (i) disassemble and remove the Tower and related facilities, or cause same to be done, in which event Landlord shall have the right and ability to look to the letter of credit or surety bond referenced in paragraph 2.f. above to pay for (or reimburse Landlord for) the cost of such disassembly and removal (including hauling and disposal costs); or (ii) allow the Tower to remain I`_ _ erect, in which event ownership of the Tower and related facilities shall, at on additional cost or consideration to Landlord, irrebuttably revert to and thereafter vest in Landlord as if Tenant had executed an absolute bill of sale for same in favor of Landlord. Landlord's electibn sf a- ll be in its sole and absolute discretion. 25. HOLDING OVER. a. Should Tenant fail to vacate the Leased Premises at the termination hereof, Tenant hereby agrees to pay, as liquidated damages for each day during which Tenant's occupancy continues at such times as Landlord has leased or -committed to lease the Leased Premises, an amount equal to two (2) times the greater of the rent owed for the last full lease year prior to the holdover, prorated, or the rental for whi h Tenant was obligated hereunder during the last month to the Term of this Lease, prorated, together with such sums as may be necessary to restore the premises to the condition in which Tenant is obligated to return them to Landlord as aforesaid. -17- W_- b. Should Tenant remain in the Leased Premises after the expiration or termination of this Lease, with Landlord's acquiescence but without any distinct agreement between the parties, Tenant shall be a tenant-at-will, and such tenant shall be subject to all the provisions hereof, except that the rental under such tenancy shall be not more than double the monthly amount for which Tenant was obligated hereunder during' the last month of the Term of this Lease, and no such holding over or payment or acceptance of rent resulting therefrom shall constitute or be deemed reconduction or renewal of this Lease. Nothing in this paragraph 25 shall be construed as a consent by Landlord to the possession of the Leased Premises after the expiration or termination of this Lease. 26. INSURANCE PREMIUM. Tenant will not do or suffer to be done on. the Leased Premises any act which shall result in an increase of the rate or premium for fire and extended coverage insurance. 27. EXPENSES AND ATTORNEYS' FEES. In the event of litigation arising between Landlord and Tenant as a result of this Lease, the prevailing party in such litigation shall be reimbursed by the other party for all costs of such litigation, whether before or after trial, or on appeal, or in any bankruptcy proceeding, including all - - attorneys' fees, paralegal fees, costs and expenses. Further, Tenant will pay to Landlord as additional rent hereunder all reasonable- attorneys' fees, including paralegal fees, costs and expenses and all other expenses which may be incurred by Landlord as a result of any action taken by Tenant in any litigation or negotiation in which Landlord shall, without its fault, become involved through or because of this Lease. - 28. OBLIGATIONS OF TENANT. If Landlord shall be put to any charge or explnse or make any expenditures for which Tenant is responsible or which Tenant should make, or if Tenant should fail to make any payment other than-rent which Tenant is obligated -to make under the terms and provisions of the Lease and any riders and -18- other addenda hereto, then Tenant shall reimburse Landlord for such charge or expense, and said reimbursement shall be due and payable within fifteen (15) days after demand by Landlord and shall bear interest thereafter at the highest lawful rate. 29. COMPLIANCE WITH RULES. Tenant-shall construct the Tower and the related facilities in full compliance with all applicable governmental rules, regulations, codes and procedures. Thereafter, Tenant and Tenant's servants, employees, agents, visitors and licensees shall observe and comply with such rules and regulations as Landlord may from time to time adopt; provided, however, that Tenant shall not be obligated to comply with rules or regulations adopted after the Effective Date to the extent (but only to the extent) that any such new rules or regulations unreasonably interfere with the operation of Tenant's business. Notice of any additional rules and _ regulations shall be given in writing by Landlord to Tenant, whereupon they will become a part of the Lease for all purposes, to the same extent as if originally set forth herein. 30. ASSIGNMENTAND SUBLETTING. Withoutthe priorwritten consent of Landlord, in its sole and absolute discretion, Tenant shall not assign, mortgage or encumber"this Lease or sublease the Lease Premises or any part thereof. Any transfer of ownership-of Tenant-,'through-corp'o'rate mergers, sales and exchanges of stock (voting or otherwise) or other similar transfers of stock shall be deemed a transfer which requires Landlord's consent. 31. NOTICE. Any notice to be given under this Lease by Landlord to Tenant, or by Tenant to Landlord, shall be considered as duly given if made in writing, addressed to the other party and mailed by-registered or certified mail, postage-prepaid, or hand delivered to the addresses set forth herein or to such address of Landlord as Landlo;d may from time to time designate in writing or to such address of Tenant as a Tenant may from time to time designate in writing. -19- 32. FLORIDA CONTRACT. This Lease is a Florida contract, to be interpreted and enforced under and in accordance with the laws of the State of Florida. 33. SUCCESSORS AND ASSIGNS. The covenants, agreements, stipulations and conditions contained in this Lease shall bind and inure to the benefit of Landlord and Tenant and their respective legal representatives, heirs, and permitted successors and assigns. 34. CONSTRUCTION OF LEASE. Notwithstanding the fact that this Lease may have been prepared by Landlord, the language in all parts of this Lease shall in all cases be construed as a whole according to its fair meaning and not strictly for nor against either Landlord or Tenant. Paragraph headings in this Lease are for convenience only and are not to be construed as part of this Lease or in any way defining, limiting or amplifying the provisions thereof. Landlord and Tenant agree that in the event any term, covenant or condition herein contained is held to be invalid, illegal or unenforceable for any reason, by any court of competent jurisdiction, the invalidity or - s unenforceability of any such term, covenant or condition herein contained, it being the intention of the parties to this Lease that in lieu of each such term, condition-or covenant - that is invalid or unenforceable, there be added as a part of this Lease a provision-as - similar in term to such invalid or unenforceable term, condition or covenant as may be possible and be valid and enforceable. Time is of the essence in this Lease and in each e and all provisions thereof. 35. ENTIRE AGREEMENT AND OTHER AGREEMENTS. This Lease _. contains the entire agreement of the parties hereto and no representations, inducements, promises or agreements, oral or otherwise, between the Landlord and Tenant not embod d herein, shall be of any force or effect. Any agreement hereafter made between Landlord and Tenant shall be ineffective to modify, release or otherwise affect M -20- 1? A- this Lease, in whole or in part, unless such agreement is in writing and signed by the party against whom said agreement is sought to be enforced. 36. EXHIBITS. The Exhibits annexed hereto and executed by the parties for identification herewith are made a part of this Lease-for, all purposes as though set forth in full herein. 37. AUTHORITY. The persons executing this Lease on behalf of Tenant do hereby covenant and warrant that Tenant is a duly authorized and existing limited liability company and is qualified to do-business in. Florida, that the company has full right and authority to enter into this Lease, and that the person signing on behalf of the company is duly authorized to do so. Upon Landlord's request, Tenant shall provide Landlord with evidence reasonably satisfactory to Landlord confirming the foregoing covenants and warranties. 38. MISCELLANEOUS. a. All obligations of Tenant or Landlord hereunder not fully performed as of the- expiration or earlier termination of the Term of this Lease shall -survive the expiration or earlier termination of the Term hereof. '" - b. _. Whenever a period of time is herein prescribed for action to be taken by Landlord, the Landlord shall not be liable or responsible for, and there shall be excluded from the computation for any such period of time, any delays due to causes of any kind whatsoever which are beyond the control of Landlord. C. In the event that Landlord shall not have performed any duty or obligation required of Landlord hereunder, the same shall not be deemed a default under this Lease until such time as Tenant has given Landlord not less than fifteen (15) days' itten notice and Landlord has not cured or in good faith undertaken to cure such alleged default within such time period. -21- N"I., r + 39. LANDLORD'S LIEN. ' In the event of Tenant's breach 'and subsequent default, in addition to any statutory lien for tent in Landlord's favor, Landlord shall have and Tenant hereby grants to Landlord a landlord's lien for all rent and other sums of money due or becoming due hereunder from Tenant, upon all equipment, fixtures, and furniture of Tenant situated in the Leased Premises, and such property shall not be removed therefrom without the consent of Landlord until all arrearages due to Landlord hereunder shall first have been paid and discharged. In the event of a breach and subsequent default under this Lease, Landlord shall have, in addition to'any other remedies provided herein or by law, the right to sell the property described in this paragraph 39 at public or private sale upon thirty (30) days' notice to Tenant. Any statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. 40. LASER SHOWS. During the first lease year, Tenant will plan, produce, and operate, at Tenant's sole cost and .expense, four (4) laser show series. Unless otherwise approved by Landlord (so as to coincide with other events), the series of shows shall take place once in each three-month period; provided, however,,that show series shall not take place within four (4) weeks of each other. Because of-the unique- nature of the proposed use, Tenant agrees that Landlord shall have total and complete editorial authority over the content of each show (and any show thereafter) including, but not limited to, the authority to approve the date, the time, and any sponsor or sponsorship, arrangements arranged by Tenant. Each show shall last at least ten (10) minutes and -the series shall take place over ten (10) consecutive nights. --- 41. PARKING. Tenant shall rely solely upon the public parking near the Leased4Premises and acknowledges that it is not entitled to any parking rights under this Lease. -22- 42. HAZARDOUS MATERIALS PROHIBITED. Tenant, its agents, guests and invitees shall not' use, handle, store, display or generate hazardous materials (materials that are ignitable, corrosive, toxic or reactive) in, on, or about the Leased Premises. For the purposes of this Lease agreement, the term "hazardous materials'-" shall mean those substances defined as "hazardous substances", "hazardous materials", "hazardous wastes" or "toxic substances" in the Comprehensive Environmental - Response, Compensation and- Liability Act of 1980, as amended, 42 U.S.C. §9601, et sev.-, the Hazardous Materials Transportation Act; 49 U.S.C. §1801, et sea., the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et-seg.: seg.: and in the regulations adopted and promulgated pursuant thereto and in the applicable laws, regulations and ordinances. enacted by the State of Florida and Pinellas County. Tenant hereby agrees to defend, indemnify and hold Landlord harmless from and against any and all claims, lawsuits, liabilities, losses, damages and expenses (including without limitation clean up costs and reasonable attorneys' fees arising by reason of Tenant's use of hazardous materials) arising from, out of or by reason of any breach of this paragraph 42 occurring during the Term of this Lease: 43. GUARANTY. !n -consideration of-the sum -of $10.00 cash in hand today paid and other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, as well as for the purpose of seeking to induce Landlord to enter into this Lease Agreement with Tenant, James R. Grogan, as Guarantor (the "Guarantor") does hereby agree as follows: a. Guarantor hereby guarantees absolutely and unconditionally to the Landlord, its successors and assigns: (i) the full and prompt payment of all amoun?§ due or to become due under the Lease, including but not being limited to Base w Rent, additional rent, and taxes; and (ii) performance of any and all obligations of Tenant under this Lease including, but not being limited to, obligations to indemnify Landlord in -23- W--% accordance with the provisions hereof, and all of Tenant's covenants hereunder, and obligations for the payment of insurance premiums and taxes, assessments and other impositions with respect to or against the Leased Premises. b. Guarantor hereby waives notice of acceptance of this guaranty by the Landlord and any and ail notices and demands of- every kind which may be required to be given by any statute or rule of law including, without limitation, presentment, demand, protest, notice of protest, notice of disputes with Tenant, except to the extent notice is required to be given pursuant to the terms of this Lease, all defenses which may arise by reason of, be based on, lack of diligence in collection and any and all formalities which otherwise might be legally required to charge Guarantor with liability. C. Guarantor further agrees that his liability_hereunder shall be in no way affected, diminished or released by any extension of time or forbearance which may be granted to Tenant, or any successor of Tenant which shall have. assumed Tenant's obligations under this Lease, or by any waiver by the Landlord of, or failure to exercise, any right or remedy under this Lease, or by reason of.any change or J modification in this Lease. - - - d. Guarantor hereby waives the right to require the Landlord to proceed against Tenant or any other person or entity, or to require Landlord to pursue any other remedy or enforce any right. Guarantor further agrees that nothing contained herein shall prevent the Landlord from exercising any other rights available to it under this Lease and the exercise of any of the aforesaid rights shall not constitute a discharge of Guarantor's obligations hereunder, it being the intent of the Guarantor that the Guarantor's obligations hereunder shall be absolute, irrevocable, independent, unconditional and continuing under any and all circumstances. Neither the Guarantor's obligations under this paragraph nor any remedy for the enforcement thereof shall be -24- impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the Tenant or by reason of Tenant's bankruptcy, insolvency, reorganization, dissolution or by any discharge of Tenant's obligations resulting from any bankruptcy or insolvency proceeding or otherwise. e. The obligations of the Guarantor shall be binding upon his heirs, executors, administrators, personal representatives, successors and assigns, and shall inure to the benefit of the Landlord and -its successors and assigns. Without limiting the generality of the foregoing, the Landlord (or it successors and assigns) may from time to time and without notice to the undersigned, assign any or all of its rights through this paragraph without.in any way affecting or diminishing the obligations of the Guarantor hereunder, who shall continue to remain bound by and obligated to perform under and with-respect to this paragraph as though there had been no such assignment. f. Guarantor further acknowledges and agrees thatthe Landlord, in its sole and absolute discretion, may at any time enter into agreements with Tenant to amend, modify or change this Lease, or waive or release any provision or provisions - - hereof, and with reference-thereto, may make and enter into all such agreements as the Landlord may deem proper or desirable, without any notice or further assent from the Guarantor and without, in any manner, impairing or affecting this paragraph or any of the Landlord's rights hereunder or any of the Guarantor's obligations hereunder. 44. AD VALOREM REAL ESTATE TAXES. If a determination is made that ad valorem real estate taxes must be assessed and paid, Tenant shall pay said taxes as said taxes become due and shall not allow the taxes to become delinquent. If .Tent allows the ad valorem real estate taxes to become delinquent at any time during the term of this Lease, regardless of whether such taxes ultimately are paid by Tenant, Landlord shall have the right to require Tenant to begin paying the taxes as -25- additional rent on a monthly basis. Upon delivery of written notice by Landlord to this effect, Tenant shall thereafter on the first day of each month during the Lease Term and any renewal period, pay to Landlord as additional rent one-twelfth (1112) of the prior local tax year's November ad valorem property tax amount. ATTEST: TENANT: ATTEST: Rita Garvey Mayor-Commissioner Approved as to form and correctness: Pamela K. Akin City Attorney Signed, sealed and delivered in the presence of:' Signature of Witness #1 Typed or printed name of Witness #1 Signature of Witness #2 Typedr printed name of Witness #2 By: Its: LANDLORD: CITY OF CLEARWATER, FLORIDA By. Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk - - -, GUARANTOR: James R. Grogan -26- STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of , 199 , by - , as ---------------------- _ ---- _ o f corporation, on behalf of the corporation. He/she is personally known to me or has produced (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Stamped (NOTARY SEAL) Notary Public, State of - Notarial Serial Number STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of --- -; 1995,-by James R.-Grogan, who is-personally known to me or who a s P r o d-- u - c e d (type of identification) as identification. Signature of Person Taking Acknowledgment Name of Acknowledger Typed, -Printed or Stamped (NOTARY SEAL) -- - Notary Public, State of Notarial Serial Number #61761.1 -27- 1 EXHIBIT "A TOWER LEASE DESCRIPTION 7 MEMORIAL CIVIC CENTER PARKING LOT SITE A-5085.61 square foot area located on the East side of Poinsettia Avenue in the center parking isle of the Memorial Civic Center Parking lot, being a portion of Lot 7, City Park Subdivision, according to the plat thereof as recorded in plat Book 23, Page 37, of the Public Records of Pinellas County, Florida, more particularly described as follows; From the Southwest' corner of said Lot 7, run N 05'22'28" East, along the Westerly line of said Lot 7, 59.59 feet to a paint on the centerline of a 4.0' wide concrete welk running to the East, said. point being the POINT OF BEGINNING; thence continue N 05'22'28" East. along said Westerly fine of l;ot 7, 85.87 feet to the centerline of a second 4.0' wide concrete walk, running 'to the East; thence run N 87'29'51" East al'ung said centerline 74.88 feet; thence leaving said second -concrete .calk, run S 03'35'3.x." East, across the parking isle, 82.08 feet to the centerline of the first mentioned 4.0 Hide concrete walk; thence run S 85'21'31" West along said centerline 85.15 feet to the POB, Note: Bearings shown theron are- taken , frorn State Road Department right-of-way map, dated 1959 and are based on Florida 'Nest Zone, Grid North, equal to oearings of East/West as shown on Plot of City Ptirk Suodivision and Plat of Barbour-Morrow Subdivision. MARIANNE STREET 1. G. w[ T CAUSEEVIA'r 300 NOR TH 0-110 20 50 40-5a SCALE: 1'-50' !Iola: This ii not a swroy I 9/20/95 - 95117.4 q 0(4.n my 8,v o } i , i s .l CITY OF CLEARWATER, FLORIDA I ENGINEERING DEPARTMENT1 xr r WIL a 70, _M241.1 1 3.45. 9 EXH101r AO PO i nun 1 ,? 1 10/04/95 18,09 x$`449 2888 CL%VTR CRAUDER 0002f002 GREATER CLEARWATER CHAMBER OF COMMERCE 12a N, o.=" AV[. P.O.00X 2467. CWWAnk FL.U617 % 8131461.0011 • FAX 010/4i44_R809 Extwuva caramut" Ann 191 kIm Ow"o CA?/7ArArevr! a C! a1r l u /wi+wtlawb?sal lsala GNU i'vc Der DaLQW T.)dwm ?'p+rla7E+aw ,?? rco?.?ur no M Henderson +n 1? C7 6= rawrwWam prSsidw,cm Beard of nkla s DsrW. Ab4an Duda It A44djo ZMAM=Umsm C1ulrw E adv AUpZ?C.9amar n fur nowlA d Gmpa Brodul rand arowa Rok nW A. Burwa Rbb" W. Byp+ swVWx.C h4ptun sum A. Doir, a G Drrcnu Gary & cny K G.u"30uan Roy 0. KumU. Jr. Ra?S.?l:e+a.Je. wt? $rsser G6y Jearr a Gorda k+hmm ADmiN.]aaice Arses W.XnLUilsr J. H.I{ OwLtc .h. Aruudra }ref eta FrP4 V. Maphy, M Julie F-Mch@U f, MYUCa Ease', 7AhN(*@RUdC4e Daryl 1, 6rum Me L se"" Raadd W. sw4n DMVW P, stuns R C.sltoa Ward Uwtv Woo" D*4r u 1. W Slliuat TAMPA BAY October 3, 1995 C:nuIES TO: C' ' NIMISSION The Honorable Rita Garvey Mayor and the city commission 5 1995 city of Clearwater P.O. Box 4748 TRESS Clearwater, FL 34617 C. ' ,iK ! ATTORNEY Dear Mayor and Commissioners% The Board of Directors of the Greater Clearwater Chamber of Commerce strongly opposes the placement of a 335 foot tower on public lands. The placement of this tower on Clearwater Beach gives the area a "Coney Island" type atmosphere and detracts from our Tropical. Seascape image. Your chamber is in favor of creating more attractions on the Beach for our visitors, but this one is not the kind we need. We encourage you to give this matter considerable thought before making a decision that could be detrimental to the future of Clearwater. sincerely,, Ann W. Duncan Chairman of the Board LEASE AGREEMENT ge- -? 3S THIS LEASE is made and entered into as of the day of , 1995 (the "Effective Date"), by and between THE CITY OF CLEARWATER, FLORIDA ("Landlord") and SKYTOWER, L.C., a Florida limited liability company ("Tenant"). 1. LEASED PREMISES. Landlord hereby leases to Tenant, for the term, at the rental rate and upon the other terms and conditions hereinafter set forth, the premises hereinafter referred to as the "Leased Premises," consisting of approximately 5,085 square feet located on the east side of Poinsettia Avenue in the center parking isle of the Memorial Civic Center Parking lot, in Clearwater, County of Pinellas, State of Florida, which Leased Premises is more particularly depicted on Exhibit "A" attached hereto. 2. TENANT IMPROVEMENTS. a. Tenant is leasing the Leased Premises for the primary purpose of constructing and operating a tower with a mechanical elevator (the "Tower"), Tenant acknowledges that the Leased Premises are sufficient for construction and operation of the Tower and for the necessary mechanical equipment to operate the Tower. Said mechanical equipment shall be housed in a manner that is safe and aesthetically pleasing, which determination shall be made in Landlord's sole discretion as part of the approval process described below. b. Within sixty (60) days from the Effective Date Tenant shall submit to the City Manager as agent of Landlord for its review, proposed plans and specifications (the "Plans") for the Tower. The Landlord, acting through the City Manager, shall then have thirty (30) days to review said Plans. Landlord, acting, through the City Manager, shall approve or reject said Plans, in L-af4GFd'-6 its sole and absolute discretion, within said 30-day period; provided, however, that if Landlord does not respond at all, the Plans shall be deemed rejected. If the Plans are rejected by La F4 for whatever reason, Tenant shall have a period of thirty (30) days to modify and resubmit the Plans for consideration by-LandleFd-as provided above. If the modified Plans still are unacceptable te-LaRdleFd, and unless Landlord notifies Tenant of Landlord's willingness to review further modifications, which Landlord may or may not do in its sole discretion, this Lease shall terminate and Tenant shall receive a return of any security deposit made hereunder. If the Plans are approved, Tenant shall have three hundred (300) days to construct the Tower and related facilities in strict compliance with the approved Plans; provided, however, that changes may be made in the field pursuant to written change orders if said change orders also are approved, in writing, by Landlord or its designated agent. The 300-day construction period may be extended in the event of delays beyond Tenant's control or upon mutual agreement of the parties. Landlord's review and approval shall be solely in its capacity as a property owner and not in its capacity as a governing municipality. C. nth respect to certain permits that Tenant may have to obtain to construct the Tower, the following provisions shall apply: (1) Landlord will prepare all applications for any permit(s) required by the Southwest Florida Water Management District and/or the Florida Department of Environmental Protection, including preparation of any documents that are to be attached to such applications. (2) Tenant shall pay all applicable fees and out-of-pocket expenses relating to the application(s) for permit(s) set forth above, including consulting fees and services outside the scope of the expertise of Landlord's staff. 3 All other permits, including but not limited to building permits and the application for rezoning, shall be the responsibility of Tenant. -2- In the event that the re uired permits are not obtained as Provided herein this Lease shall terminate and Tenantshall receive a„return of any security deposit made hereunder. d. Once Landlord has approved the Plans in its capacity as a property owner, Tenant nevertheless must follow all applicable rules, regulations, codes, and procedures for the construction and operation of the Tower and related facilities (including compliance with the Americans With Disabilities Act). Nothing herein shall oblioate Landlord to approve anv variance oermit applications rezoning petitions or other applications when acting in its governmental, regulatory or quasi-iudicial capacities. However,nothina herein shall be construed to limit Tenant's rights ki any , iAGlueliRg the Fight to seek such variances as Tenant deems necessary or appropriate. e. Tenant shall pay all impact fees associated with the development and construction contemplated in this Lease. f. Prior to commencement of any construction on the Leased Premises, Tenant shall obtain and deliver to Landlord, h; aR t; in a form; and from a bank or company reasonably acceptable to Landlord, a letter of credit or surety bond in the amount of $175,000 one hundred and seven five thousand dollars securing full performance by Tenant of its obligation to construct the Tower and securing Tenant's obligation hereunder to disassemble and remove the Tower in the event of a default and in the event Landlord so desires. Said letter of credit or surety bond shall remain in place for the full term of this Lease (including any renewals hereof), and Tenant shall provide written evidence of the continued existence of same on an annual basis. g. The Commencement Date of this Lease shall be the date which is the date Tenant first opens for business, or August 1, 1996, whichever date first occurs. -3- h. Prior to opening for business to the public, Tenant shall conduct all necessary and appropriate tests, federal, state, local, and otherwise, relative to the structural integrity of the Tower to ensure that the Tower, as completed, is safe and structurally sound. Said tests shall include, but not be limited to, dye penetrant, engineering, and, if necessary, wind tunnel tests. Copies of all tests and test results shall be provided to, and acceptable to, Landlord, in its sole discretion. After opening for business, and so long as this Lease is in effect, Tenant shall conduct such tests as Landlord reasonably may request and provide the results to Landlord. All tests required hereunder shall be at Tenant's sole cost and expense. i. As part of and during the construction process, Landlord shall be responsible for the initial landscaping of the Leased Premises. Landlord hereby reserves on behalf of itself and its agents a temporary easement over the Leased Premises for purposes of installing said landscaping. The landscaping shall be determined by Landlord in its sole discretion. From the Commencement Date through the end of the Lease Term, Tenant shall be responsible for maintaining the landscaping in a condition substantially similar to that which exists when Landlord completes the initial landscaping, taking into account changes that may occur naturally over time. Tenant's maintenance obligation shall include watering (in compliance with applicable governmental rules) and replacement of plants and vegetation that dies. j. Landlord agrees to cooperate with tenant in order to facilitate pedestrian access to the property. Such improvements as Landlord deems appropriate will be provided at Landlords' expense. 3. TERM. The term of this Lease shall be for a period of twenty (20) years, commencing on the Commencement Date. The first "Lease Year" is hereby defined to mean the period commencing on the Commencement Date and ending on the -4- last day of the month preceding the first anniversary of the Term. Tenant also shall have the renewal option provided for in paragraph 6 hereof. 4. RENT. Tenant covenants and agrees to pay Landlord minimum annual rent (the "Base Rent") in the amount of $50,000 for first through third years, $55,000 for the fourth year, $50,000 for the fifth year, $65,000 for the sixth year, $70,000 for the seventh year, $75,000 for the eight year, $80,000 for the ninth year and $85,000 for the tenth through the end of the term. whir# The Base Rent shall be paid in twelve (12) equal monthly payments beginning on the Commencement Date and paid each month thereafter in advance on the first day of each calendar month of the Lease Term. Notwithstanding the above, Tenant acknowledges that the Base Rent is a guaranteed minimum rent. To the extent that the amount equal to fifteen percent (15%) of Tenant's annual Gross Revenue (as defined below) exceeds $55, =-, ase Rent Tenant shall pay to Landlord, as additional rent above and beyond the Base Rent, the amount by which fifteen percent (15%) of Tenant's Gross Revenue for any lease year exceeds $50;00913ase Rent. The additional rent shall be due in one lump-sum payment within thirty (30) days from the end of the lease year. By way of illustration, assume Tenant's Gross Revenue for the first lease year is $300,000. No additional rent would be due above and beyond the $50,000 Base Rent (because 15% of $300,000 = $45,000, which is less than $50,000). However, assume Tenant's Gross Revenue for the fourth se-end lease year is $600,000. In addition to the Base Rent that Tenant will have paid over the course of said sesePad-fourth lease year, Tenant will be required to pay, within 30 days after the end of the sesem--fourth lease year, a lump-sum payment to Landlord of $35,000 (because 15% of $600,000 = $90,000, which exceeds $55,000 by $35,000). Tenant agrees to operate the Skytower for a minimum of 335 full days a year. A full day shall be no less than 8 hours of operation in one day. In the event that exceptional weather conditions prevent operation- additional down days may be -5- approved by-the city. In the event that tenant fails to operate the facility for the required d_ayp per year-there shall be attributed to tenant a pro rata Gross Revenue for the days in excess of 30 which the Tower was not in operation. As an example: The Tower is out of operation for 45 days in year 2. During the 320 days it operated the Gross Revenue was $1,000,000. The average daily Gross Revenue is $3,125 per day Additional Gross Revenue of $46 ,875 ($3,125 times 15 days) will be attributed to tenant for the purpose of calculating the amount due the Landlord. "Gross Revenue" shall be defined as gross receipts of Tenant and of all licensees, concessionaires and tenants or tenant of Tenant, from all business conducted upon or. from the Premises, and whether such business be conducted by Tenant or by any licensees, concessionaires or tenants or tenant of Tenant, and whether such receipts be evidenced by check, credit, charge account, exchange or otherwise, and shall include, but not be limited to, the amount received from the sale of goods, wares, food, beverages, of every kind, and merchandise and for services performed on or at the Premises, together with the amount of all orders taken or received at the Premises, or off the Premises, whether such orders be filled from the Premises or elsewhere or whether such goods, foods, wares or beverages are consumed on the Premises or elsewhere. Gross Revenue shall also include all discounted sales to employees and others, Tower tickets sales, income from antennae leases, if any, and the sale of merchandise (shirts, mugs, etc.). If any portion of the Premises is sublet by Tenant or business therein conducted by any persons, firm or corporation other than Tenant (regardless of whether such sublessee has been rightfully approved by Landlord in accordance with the terms of this Lease), then there shall be included in gross receipts hereunder all the gross receipts of such subtenant, person, firm or corporation, in the same manner and with the same effect as if the business or sales thereof had been conducted by Tenant itsalf. Gross Revenue shall not include sales of merchandise for -6- which cash has been refunded, or allowances made on merchandise claimed to be defective or unsatisfactory, provided they shall have been included in gross receipts; and there shall be deducted from Gross Revenue the sales price of any goods, wares, food, beverages or merchandise returned by customers for exchange, provided the sales price thereof shall be included in Gross Revenue. Gross Revenue shall not include the amount of any sales, use or gross receipts tax imposed by any federal, state, municipal, governmental authority directly on sales and collected from customers, provided the amount thereof is added to the selling price or absorbed therein, and paid by the Tenant to such governmental authority. Gross Revenue shall not include interest income on any deposits Tenant may have or interest income derived from any of Tenant's investments. No franchise or capital stock tax and no income or similar tax based upon income or profits as such shall be deducted from Gross Revenue in any event whatever. 5. REPORTING. For the purpose of ascertaining the amount payable as additional rent under paragraph 4 above, Tenant agrees to keep on the Leased Premises for a period of not less than two (2) years following the end of each lease year adequate records which shall show all gross receipts, sales, and all other information necessary to determine the Gross Revenue. Tenant shall submit to Landlord on or before the 15th day following each month during the Term hereof (including the 15th day of the month following the end of the Term) at the place then fixed for the payment of rent, a written statement, in a form acceptable to Landlord's City Manager, signed by Tenant and certified by its chief financial officer to be true and correct, showing, in reasonably accurate detail, the amount of Gross Revenue for the preceding month and fractional month, if any, prior to the commencement of the Term of this Lease. After the statement for the first month of each Lease Year, the monthly report also shall show in reasonably accurate detail, the amount of Gross Revenue for the year-to-date. -7- The Landlord may cause, at any reasonable time upon thirty (30) days prior written notice to Tenant, an audit to be made of Tenant's records pertaining to the determination of gross receipts provided that same shall be initiated within ninety (90) days after the Landlord's request of the income statement from Tenant. Said audit shall be at the expense of Landlord unless same shall indicate a discrepancy in excess of two (2%) percent of the gross receipts reported, in which event the Tenant shall bear the expense of said audit in addition to the deficiency in additional rent which said audit discloses, which deficiency shall be payable within thirty (30) days. 6. RENEWAL OPTIONS. So long as both parties consent and agree (which agreement shall be reached at least six (6) months prior to the end of the twentieth lease year), this Lease shall be renewed for a period of five (5) years. In the event the parties mutually agree to the five-year renewal provided above, the percentage rent used in determining the additional rent in paragraph 4 above shall increase from fifteen percent (15%) to twenty percent (20%) for each of the final five years of this Lease, as renewed. 7. SECURITY DEPOSIT, Upon the issuances of the building permit, Lease, and in addition to the bond required in paragraph 2.f, above, Tenant shall deposit with Landlord five thousand dollars ($5,000) as security for the performance by Tenant of the terms, covenants and conditions of this Lease to be kept and performed by Tenant, If Tenant defaults with respect to any material provision of this Lease, including but not limited to the provisions relating to the payment of rent, Landlord may (but shall not be required to) draw upon, use, apply or retain all of, or any part of, this Security Deposit for payment of any rent, or other sums due under this Lease which shall be in default in the payment thereof, or for the payment of any other amount which Landlord may spend or become obligated to spend by reason of Tenant's default. Landlord shall not be required -8- to keep any portion of the Security Deposit paid in cash separate from its general funds, and Tenant shall not be entitled to interest on such deposit. If Tenant shall fully and faithfully perform every material provision of this Lease to be performed by it, the Security Deposit or any balance thereof shall be returned to Tenant or applied to the last month's rent in Landlord's discretion (or, at Landlord's option, to the last assignee of Tenant's interest hereunder) within fifteen (15) days after the expiration or termination of this Lease. 8. SALES TAX. Along with and in addition to each monthly rental payment under this Lease, Tenant shall pay to Landlord sales or privilege tax required by Florida Statutes §212.01 and any amendments or replacements thereof. Such tax is presently at the rate of seven percent (7%) of the total rent. 9. USE. Tenant agrees that Tenant will use and occupy said premises only for the purposes set forth as follows, and for no other purpose without prior written consent of Landlord. Tenant shall construct and operate a tower on the premises for visitors and tourists, together with a ticketing facility which shall offer for sale to the public a limited number of retail items, all of which items shall be approved by the Landlord's designated representative and all of which shall contain a logo of the Tower, which logo shall be developed by the Tenant and approved by the Landlord prior to the Commencement Date. 10. UTILITIES AND SERVICES. Subject to Landlord's approval and consent, Tenant shall establish the operating hours for the Tower. Tenant shall make its own arrangements for the provision of electrical energy, water, gas and other necessary utilities ("Utilities") to the Premises and shall pay the full cost thereof directly to the utility company providing same. Tenant's use of electrical energy in the Premises shall not at any time exceed the capacity of any of the electrical conductors or equipment in or otherwise servicing the Premises. In order to insure that such capacity -9. F; is not exceeded and to avert possible adverse effect upon the Building electric service, Tenant shall not, without prior written notice to' Landlord in each instance, make any alteration or addition to the electric system of the Premises. Unless Landlord shall reasonably object to the connection of any fixtures, appliances or equipment, all additional risers or other equipment required therefor shall be provided by Tenant and the cost thereof shall be paid by Tenant upon Landlord's demand. 11. CLUIET ENJOYMENT. Landlord covenants that so long as Tenant is not in default hereunder, Tenant shall peaceably and quietly have, hold and enjoy the Leased Premises during the term of this Lease and any renewal or extension thereof, subject to the provisions of this Lease. 12. MAINTENANCE. Tenant shall lease and accept the Leased Premises in their condition at the beginning of the occupancy thereof, and by such occupancy, acknowledges that the Leased Premises are in good and satisfactory condition for the purposes for which the premises will be used. Tenant assumes responsibility throughout the term of this Lease for maintaining the Leased Premises (including the Tower to be constructed thereon) in a good, orderly and safe condition and state of repair. Tenant shall furthermore promptly repair all damage or injury to other parts of the Leased Premises, if such damage or injury is caused by or attributable to the activity or omissions of Tenant, its servants, agents, employees, invitees or licensees. 13. ALTERATIONS, a. Except for the initial construction of the Tower and related facilities as provided in paragraph 2 above, Tenant shall make no installations, alterations, additions or improvements in or to the Leased Premises without Landlord's prior written consent, which consent shall not be unreasonably withheld, and then at the sole expense of Tenant and only by engineers, contractors or mechanics approved by -10- Landlord and subject to such reasonable conditions as Landlord reasonably may impose. Tenant shall, before making any installations, alterations, additions or improvements, obtain all permits, approvals and certificates required by any governmental body or agency, and certificates of final approval thereof, and shall promptly deliver duplicates of all such permits, approvals and certificates to Landlord. Tenant agrees to carry, or to cause Tenant's contractor and subcontractors to carry, such workmen's compensation, general liability, personal and property damage insurance as Landlord may reasonably require. Tenant has no authority or power to cause or permit any lien or encumbrance, whether created by act of Tenant, operation of law or otherwise, to be attached to or be placed upon the Leased Premises, and any and all liens and encumbrances created by Tenant shall be attached only to Tenant's interest in the Leased Premises. Any lien or claim of lien filed against the Leased Premises for work claimed to have been done for, or for materials claimed to have been furnished to Tenant, shall be discharged by Tenant within ten (10) days thereafter, at Tenant's expense. If Tenant fails to discharge any such lien, then Landlord, at Landlord's option, may discharge such lien, and the costs incurred by Landlord in such discharge shall be due from Tenant on demand and shall bear. interest at the highest lawful rate. 14. LIABILITY. Notwithstanding that joint or concurrent liability may be imposed upon Landlord by law, Tenant shall indemnify and hold Landlord and its agents, servants and employees harmless from and against all causes of action, claims, damages, losses and expenses, including reasonable attorneys' fees, resulting from or arising out of bodily injury, sickness, disease or death, or injury to or destruction of tangible property resulting from affirmative acts of negligence by Tenant or its agents, servants, employees, invitees, or licensees. Moreover, Landlord shall not be liable for any damage or injury to the Leased Premises, to Tenant's property, to Tenant, its agents, contractors, employees, invitees or licensees, arising from any use or condition -11- of the Leased Premises, or any sidewalk, entranceway, or parking lot serving or surrounding the Leased Premises. 15. INSURANCE. Tenant shall, at its expense, at all times during the Term of this Lease, maintain in force a policy or policies of comprehensive public liability insurance, including property damage, written by one or more responsible insurance companies licensed to do business in the State of Florida, insuring Tenant and naming Landlord as an additional insured and as the certificate holder thereof, against claims for loss of life, bodily injury and property damage occurring in, on or about the Leased Premises or the Building or with respect to the business operated by Tenant in the Leased Premises, in which the limit on public liability coverage shall not be less than Ten Million Dollars ($10,000,000) for combined single-limit bodily injury, death, and property damage liability. Each such policy of insurance shall not be cancelable or amendable for any cause without first giving Landlord thirty (30) days' prior written notice. A copy of a certificate of said insurance shall be delivered to Landlord on or before the commencement of the Term of this Lease, and copies or certificates with respect to all renewals, extensions or replacements thereof shall thereafter be furnished to Landlord at least ten (10) days prior to the expiration or cancellation of any policies which they replace. In case of fire or other casualty, Tenant shall immediately give notice thereof to Landlord. 16. WORKER'S COMPENSATION INSURANCE. Tenant shall, at all times throughout this Lease, and any renewal thereof, provide worker's compensation insurance, protecting Landlord and Tenant from liability under the Worker's Compensation Act and shall also provide, from the Effective Date, a policy for insurance against loss of rent, which shall provide for payment to Landlord of an amount equal to the rental payable to Landlord hereunder for a period of not less than eighteen (18) months. -12- 17. EMINENT DOMAIN. In the event all or any portion of the Leased Premises, or the real property of which they form a part, is taken by any governmental authority under the exercise of its right of eminent domain or similar right (or by act in lieu thereof), all right, title and interest in and to any award granted (or sums paid in lieu thereof) shall belong entirely to Landlord, and Tenant hereby assigns to Landlord all of its interest, title or claim, if any, in and to such award (or sums paid in lieu thereof), including, but not limited to, any part of such award attributable to Tenant's leasehold interest, if any. In the event of a temporary taking, that is, if all or any portion of the Leased Premises or the real property of which they form a part, is taken by an governmental authority under the exercise of its right to eminent domain or similar right (or by act in lieu thereof) for a period of time which is less than the remaining term of this Lease, rent shall, during the period bf such taking, but not thereafter, be proportionately abated or totally abated if the temporary taking is total, but such taking shall not terminate this Lease. In the event of a partial taking which includes 25% or more of the Leased Premises, Landlord shall have the right to cancel this Lease upon sixty (60) days prior written notice to Tenant. 18. SUBORDINATION. This Lease is subject and subordinate to any mortgage which now or thereafter encumbers or affects the Leased Premises and to all renewals, modifications, consolidations, replacements and extensions thereof. This clause shall be self-operative and no further instrument of subordination need be required by any mortgagee or Landlord. In confirmation of such subordination, however, Tenant shall, within five (5) business days of Landlord's request, promptly execute any appropriate certificate or instrument that Landlord may request. In the event of the enforcement by the holder of any such instrument of the remedies provided for by law or by such mortgage or land lease, Tenant will, upon request of any person or party succeeding to the interest of Landlord as a result of such enforcement, automatically -13- become the Tenant of such successor in interest without change in the terms or other provision of this Lease. Upon request by such successor in interest, Tenant shall execute and deliver an instrument or instruments confirming the attornment herein provided for. 19. ESTOPPEL CERTIFICATE. Tenant shall, from time to time, upon not less than ten (10) days' prior written request by the Landlord, execute, acknowledge and deliver to Landlord a written estoppel certificate in such form as Landlord may reasonably require, certifying that this Lease is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as modified and stating the modifications), the dates to which the rent and other charges have been paid, whether or not to the best of Tenant's knowledge Landlord is in default hereunder (and, if so, specifying the nature of the default), and such other matters as may be required by Landlord or the holder of any mortgage to which the Leased Premises are subject, it being intended that any such statement delivered pursuant to this paragraph 19 may be relied upon by a prospective purchaser of Landlord's interest or mortgagee of Landlord's interest or assignee of any mortgage or deed of trust upon Landlord's interest in the Leased Premises. 20. ACCESS TO PREMISES. Landlord shall at all times during the term of this Lease ensure that Tenant has legal access to the Leased Premises. 21. TENANT RISK. Tenant agrees that all personal property and equipment brought into the Leased Premises by Tenant, its employees, licensees and invitees shall be at the sole risk of Tenant. Landlord shall not be liable for theft thereof or of any money deposited therein or for any damages thereto, such theft or damage being the sole responsibility of Tenant. 22. DEFAULT. In case of failure by Tenant to pay any installation of rent within five (5) days after the same is due, or failure to remedy within fifteen (15) days -14- n-.!?;.,. after notice of a default by Tenant with respect to any of the other covenants, conditions and agreements contained herein or in any rider or other addendum hereto, or if a petition in bankruptcy is filed by Tenant or if proceedings under any bankruptcy or debtor's relief law shall be filed against Tenant, or if Tenant becomes insolvent, of if proceedings are taken by or against Tenant seeking the appointment of a receiver or similar relief, of if Tenant, without the written consent of Landlord, misuses the Leased Premises, or makes or attempts to make any sale or removal of the movable property in the Leased Premises on which Landlord has a lien, Landlord may, in addition to any other right or rights which Landlord may have under the provisions of this Lease or by law, and at Landlord's option: a. Proceed for past due installments of rent or other charges hereunder, reserving its right to proceed later for the remaining installments, or b. Terminate this Lease by written notice to Tenant, and immediately expel Tenant, without, however, waiving Landlord's right to collect all installments of rent and other payments due or owing for the period up to the time Landlord regains occupancy. Upon such termination by Landlord, Tenant will at once surrender possession of the Leased Premises to Landlord and remove all of Tenant's property therefrom; and Landlord may forthwith re-enter the Leased Premises and repossess itself thereof, and remove all persons and property therefrom, using such means as are necessary without being guilty of trespass, forcible entry or detainer, or other tort, or c. As Tenant's agent, without terminating this Lease, enter upon and rent the Leased Premises at the best price obtainable by reasonable effort, with or without advertising, and by private negotiations and for any term Landlord deems proper. Tenant shall be liable to Landlord for the reasonable deficiency, if any, between the rental due hereunder and the total rental applicable to the Lease obtained by Landlord -15- on re-letting, after deducting Landlord's expenses in restoring the Leased Premises and all costs incident to such re-letting, including without limitation, advertising costs, reasonable legal fees and brokerage commissions. The total rental applicable to the term obtained by Landlord on such re-letting shall be the property of the Landlord, and Landlord shall not be liable to Tenant for any excess thereof over the rental reserved hereunder, the rights to any such excess, if any, being hereby waived by Tenant. All rights and remedies of Landlord shall not exclude any other right or remedy allowed by this Lease or by law. Tenant acknowledges that the intended use for the Leased premises is unique and that it may be extremely difficult for Landlord to find a replacement tenant, notwithstanding Landlord's efforts. 23. FAILURE TO INSIST ON STRICT PERFORMANCE. The failure of Landlord or Tenant to insist, in any one or more instances, upon a strict performance of any covenant of this Lease shall not be construed as a waiver or relinquishment thereof, but the same shall continue and remain in full force and effect. The receipt by Landlord of rent with knowledge of the breach of any covenant of Tenant hereunder shall not be deemed a waiver of the rights of Landlord with respect to such breach, and no waiver by Landlord of any provision hereof shall be deemed to have been made unless expressed in writing and signed by the Landlord. 24. SURRENDER OF LEASED PREMISES. a. Tenant shall, upon the termination of this Lease, by lapse of time or otherwise, return the Leased Premises to Landlord in as good condition as when received, loss by fire or other unavoidable casualty and ordinary wear excepted. It is understood and agreed that the exception made as to "loss by fire or other unavoidable casualty" does not include damages, fires or casualties caused or contributed to by the -16- I", . . act or neglect of Tenant, its servants, agents, employees, inviteas or licensees, and not compensated for by insurance. b. All installations, additions, fixtures and improvements in or upon the Leased Premises, whether placed there by Landlord or Tenant (except for the Tower and the related facilities, which are separately addressed in subparagraph 24(d) below) shall become the property of Landlord and shall remain upon the Leased Premises at the termination of the Lease without compensation, allowance or credit to the Tenant; provided, however, if prior to such termination or within ten (10) days thereafter Landlord so directs by written notice, Tenant shall promptly remove those installations, fixtures and improvements placed in the Leased Premises by Tenant, including, but not limited to, the Tower and related facilities, or by Landlord at Tenant's request, as designated in the notice, and upon failure of Tenant to so remove, Landlord shall have the right to do so at Tenant's expense. C. Any furniture, equipment, machinery or other movable property brought onto the Leased Premises during Tenant's occupancy thereof not incorporated into the operation of the Tower and not removed at the termination of the Lease may be handled, removed or stored by Landlord, at the cost, expense and risk of Tenant, with no liability upon Landlord for loss or injury thereto and without prejudice to Landlord's lien and privilege securing all sums due hereunder. Tenant shall pay Landlord for all expenses incurred by Landlord in such removal and storage charges against such property so long as the same shall be in Landlord's possession or under Landlord's control. All property not removed from the Leased Premises or retaken from storage by Tenant within thirty (30) days after the termination of this Lease, however terminated, shall be conclusively deemed to have been conveyed by Tenant to Landlord as by bill of sale without further payment or credit by Landlord to Tenant. -17- d. Upon termination of this Lease, for whatever reason, Tenant shall have a period of one hundred twenty (120) days to disassemble the Tower and related facilities and remove them from the Leased Premises, all at Tenant's sole cost and expense. If Tenant fails to accomplish the disassembly and removal within said sixty one hundred twenty day period, Landlord shall have the option to: (i) disassemble and remove the Tower and related facilities, or cause same to be done, in which event Landlord shall have the right and ability to look to the letter of credit or surety bond referenced in paragraph 2.f. above to pay for (or reimburse Landlord for) the cost of such disassembly and removal (including hauling and disposal costs); or (ii) allow the Tower to remain erect, in which event ownership of the Tower and related facilities shall, at on additional cost or consideration to Landlord, irrebuttably revert to and thereafter vest in Landlord as if Tenant had executed an absolute bill of safe for same in favor of Landlord. Landlord's election shall be in its sole and absolute discretion. 25. HOLDING OVER. a. Should Tenant fail to vacate the Leased Premises at the termination hereof, Tenant hereby agrees to pay, as liquidated damages for each day during which Tenant's occupancy continues at such times as Landlord has leased or committed to tease the Leased Premises, an amount equal to two (2) times the greater of the rent owed for the last full lease year prior to the holdover, prorated, or the rental for which Tenant was obligated hereunder during the last month to the Term of this Lease, prorated, together with such sums as may be necessary to restore the premises to the condition in which Tenant is obligated to return them to Landlord as aforesaid. b. Should Tenant remain in the Leased Premises after the expiration or termination of this Lease, with Landlord's acquiescence but without any distinct agreement between the parties, Tenant shall be a tenant-at-will, and such tenant shall be subject to all the provisions hereof, except that the rental under such tenancy -18- shall be not more than double the monthly amount for which Tenant was obligated hereunder during the last month of the Term of this Lease, and no such holding over or payment or acceptance of rent resulting therefrom shall constitute or be deemed reconduction or renewal of this Lease. Nothing in this paragraph 25 shall be construed as a consent by Landlord to the possession of the Leased Premises after the expiration or termination of this Lease. 26. INSURANCE PREMIUM. Tenant will not do or suffer to be done on the Leased Premises any act which shall result in an increase of the rate or premium for fire and extended coverage insurance. 27. EXPENSES AND ATTORNEYS' FEES. In the event of litigation arising between Landlord and Tenant as a result of this Lease, the prevailing party in such litigation shall be reimbursed by the other party for all costs of such litigation, whether before or after trial, or on appeal, or in any bankruptcy proceeding, including all attorneys' fees, paralegal fees, costs and expenses. Further, Tenant will pay to Landlord as additional rent hereunder all reasonable attorneys' fees, including paralegal fees, costs and expenses and all other expenses which may be incurred by Landlord as a result of any action taken by Tenant in any litigation or negotiation in which Landlord shall, without its fault, become involved through or because of this Lease. 28. OBLIGATIONS OF TENANT. If Landlord shall be put to any charge or expense or make any expenditures for which Tenant is responsible or which Tenant should make, or if Tenant should fail to make any payment other than rent which Tenant is obligated to make under the terms and provisions of the Lease and any riders and other addenda hereto, then Tenant shall reimburse Landlord for such charge or expense, and said reimbursement shall be due and payable within fifteen (15) days after demand by Landlord and shall bear interest thereafter at the highest lawful rate. -1 9- 29. COMPLIANCE WITH RULES. Tenant shall construct the Tower and the related facilities in full compliance with all applicable governmental rules, regulations, codes and procedures. Thereafter, Tenant and Tenant's servants, employees, agents, visitors and licensees shall observe and comply with such rules and regulations as Landlord may from time to time adopt; provided, however, that Tenant shall not be obligated to comply with rules or regulations adopted after the Effective Date to the extent (but only to the extent) that any such new rules or regulations unreasonably interfere with the operation of Tenant's business. Notice of any additional rules and regulations shall be given in writing by Landlord to Tenant, whereupon they will become a part of the Lease for all purposes, to the same extent as if originally set forth herein. 30. ASSIGNMENTAND SUBLETTING. VVithoutthe priorwritten consent of Landlord, in its sole and absolute discretion, Tenant shall not assign, mortgage or encumber this Lease or sublease the Lease Premises or any part thereof. Any transfer of ownership of Tenant, through corporate mergers, sales and exchanges of stock (voting or otherwise) or other similar transfers of stock shall be deemed a transfer which requires Landlord's consent. 31. NOTICE. Any notice to be given under this Lease by Landlord to Tenant, or by Tenant to Landlord, shall be considered as duly giver` if made in writing, addressed to the other party and mailed by registered or certified mail, postage prepaid, or hand delivered to the addresses set forth herein or to such address of Landlord as Landlord may from time to time designate in writing or to such address of Tenant as Tenant may from time to time designate in writing. 32. FLORIDA CONTRACT. This Lease is a Florida contract, to be interpreted and enforced under and in accordance with the laws of the State of Florida. 33. SUCCESSORS AND ASSIGNS. The covenants, agreements, stipulations and conditions contained in this Lease shall bind and inure to the benefit of -20- Landlord and Tenant and their respective legal representatives, heirs, and permitted successors and assigns. 34. CONSTRUCTION OF LEASE. Notwithstanding the fact that this Lease may have been prepared by Landlord, the language in all parts of this Lease shall in all cases be construed as a whole according to its fair meaning and not strictly for nor against either Landlord or Tenant. Paragraph headings in this Lease are for convenience only and are not to be construed as part of this Lease or in any way defining, limiting or amplifying the provisions thereof. Landlord and Tenant agree that in the event any term, covenant or condition herein contained is held to be invalid, illegal or unenforceable for any reason, by any court of competent jurisdiction, the invalidity or unenforceability of any such term, covenant or condition herein contained, it being the intention of the parties to this Lease that in lieu of each such term, condition or covenant that is invalid or unenforceable, there be added as a part of this Lease a provision as similar in term to such invalid or unenforceable term, condition or covenant as may be possible and be valid and enforceable. Time is of the essence in this Lease and in each and all provisions thereof. 35. ENTIRE AGREEMENT AND OTHER AGREEMENTS. This Lease contains the entire agreement of the parties hereto and no representations, inducements, promises or agreements, oral or otherwise, between the Landlord and Tenant not embodied herein, shall be of any force or effect. Any agreement hereafter made between Landlord and Tenant shall be ineffective to modify, release or otherwise affect this Lease; in whole or in part, unless such agreement is in writing and signed by the party against whom said agreement is sought to be enforced. 36. EXHIBITS. The Exhibits annexed hereto and executed by the parties for identification herewith are made a part of this Lease for all purposes as though set forth in full herein. -21- 37. AUTHORITY. The persons executing this Lease on behalf of Tenant do hereby covenant and warrant that Tenant is a duly authorized and existing limited liability company and is qualified to do business in Florida, that the company has full right and authority to enter into this Lease, and that the person signing on behalf of the company is duly authorized to do so. Upon Landlord's request, Tenant shall provide Landlord with evidence reasonably satisfactory to Landlord confirming the foregoing covenants and warranties. 38. MISCELLANEOUS. a. All obligations of Tenant or Landlord hereunder not fully performed as of the expiration or earlier termination of the Term of this Lease shall survive the expiration or earlier termination of the Term hereof. b. Whenever a period of time is herein prescribed for action to be taken by Landlord, the Landlord shall not be liable or responsible for, and there shall be excluded from the computation for any such period of time, any delays due to causes of any kind whatsoever which are beyond the control of Landlord. C. In the event that Landlord shall not have performed any duty or obligation required of Landlord hereunder, the same shall not be deemed a default under this Lease until such time as Tenant has given Landlord not less than fifteen (15) days' written notice and Landlord has not cured or in good faith undertaken to cure such alleged default within such time period. 39. LANDLORD'S LIEN. In the event of Tenant's breach and subsequent default, in addition to any statutory lien for rent in Landlord's favor, Landlord shall have and Tenant hereby grants to Landlord a landlord's lien for all rent and other sums of money due or becoming due hereunder from Tenant, upon all equipment, fixtures, and furniture of Tenant situated in the Leased Premises, and such property shall not be removed therefrom without the consent of Landlord until all arrearages due to -22- Landlord hereunder shall first have been paid and discharged. In the event of a breach and subsequent default under this Lease, Landlord shall have, in addition to any other remedies provided herein or by law, the right to sell the property described in this paragraph 39 at public or private sale upon thirty (30) days' notice to Tenant. Any statutory lien for rent is not hereby waived, the express contractual lien herein granted being in addition and supplementary thereto. 40. LASER SHOWS. During the first lease year, Tenant will plan, produce, and operate, at Tenant's sole cost and expense, four (4) laser show series. Unless otherwise approved by Landlord (so as to coincide with other events), the series of shows shall take place once in each three-month period; provided, however, that show series shall not take place within four (4) weeks of each other. Because of the unique nature of the proposed use, Tenant agrees that Landlord shall have total and complete editorial authority over the content of each show (and any show thereafter) including, but not limited to, the authority to approve the date, the time, and any sponsor or sponsorship arrangements arranged by Tenant. Each show shall last at least ten (10) minutes and the series shall take place over ten (10) consecutive nights. 41. PARKING. Tenant shall rely solely upon the public parking near the Leased Premises and acknowledges that it is not entitled to any parking rights under this Lease. 42. HAZARDOUS MATERIALS PROHIBITED. Tenant, its agents, guests and invitees shall not use, handle, store, display or generate hazardous materials (materials that are ignitable, corrosive, toxic or reactive) in, on, or about the Leased Premises. For the purposes of this Lease agreement, the term "hazardous materials" shall mean those substances defined as "hazardous substances", "hazardous materials", "hazardous wastes" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. §9601, et -23- sea.: the Hazardous Materials Transportation Act, 49 U.S.C. §1801, et sea.: the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq.: and in the regulations adopted and promulgated pursuant thereto and in the applicable laws, regulations and ordinances enacted by the State of Florida and Pinellas County. Tenant hereby agrees to defend, indemnify and hold Landlord harmless from and against any and all claims, lawsuits, liabilities, losses, damages and expenses (including without limitation clean up costs and reasonable attorneys' fees arising by reason of Tenant's use of hazardous materials) arising from, out of or by reason of any breach of this paragraph 42 occurring during the Term of this Lease. 43. GUARANTY. In consideration of the sum of $10.00 cash in hand today paid and other good and valuable consideration paid, the receipt and sufficiency of which is hereby acknowledged, as well as for the purpose of seeking to induce Landlord to enter into this Lease Agreement with Tenant, James R. Grogan, as Guarantor (the "Guarantor") does hereby agree as follows: a. Guarantor hereby guarantees absolutely and unconditionally to the Landlord, its successors and assigns: (i) the full and prompt payment of all amounts due or to become due under the Lease, including but not being limited to Base Rent, additional rent, and taxes; and (ii) performance of any and all obligations of Tenant under this Lease including, but not being limited to, obligations to indemnify Landlord in accordance with the provisions hereof, and all of Tenant's covenants hereunder, and obligations for the payment of insurance premiums and taxes, assessments and other impositions with respect to or against the Leased Premises. b. Guarantor hereby waives notice of acceptance of this guaranty by the Landlord and any and all notices and demands of every kind which may be required to be given by any statute or rule of law including, without limitation, presentment, demand, protest, notice of protest, notice of disputes with Tenant, except -24- di,,. to the extent notice is required to be given pursuant to the terms of this Lease, all defenses which may arise by reason of, be based on, lack of diligence in collection and any and all formalities which otherwise might be legally required to charge Guarantor with liability. C. Guarantor further agrees that his liability hereunder shall be in no way affected, diminished or released by any extension of time or forbearance which may be granted to Tenant, or any successor of Tenant which shall have assumed Tenant's obligations under this Lease, or by any waiver by the Landlord of, or failure to exercise, any right or remedy under this Lease, or by reason of any change or modification in this Lease. d. Guarantor hereby waives the right to require the Landlord to proceed against Tenant or any other person or entity, or to require Landlord to pursue any other remedy or enforce any right. Guarantor further agrees that nothing contained herein shall prevent the Landlord from exercising any other rights available to it under this Lease and the exercise of any of the aforesaid rights shall not constitute a discharge of Guarantor's obligations hereunder, it being the intent of the Guarantor that the Guarantor's obligations hereunder shall be absolute, irrevocable, independent, unconditional and continuing under any and all circumstances. Neither the Guarantor's obligations under this paragraph nor any remedy for the enforcement thereof shall be impaired, modified, changed or released in any manner whatsoever by any impairment, modification, change, release or limitation of the liability of the Tenant or by reason of Tenant's bankruptcy, insolvency, reorganization, dissolution or by any discharge of Tenant's obligations resulting from any bankruptcy or insolvency proceeding or otherwise. e. The obligations of the Guarantor shall be binding upon his heirs, executors, administrators, personal representatives, successors and assigns, and -25- ¦ ».- shall inure to the benefit of the Landlord and its successors and assigns. Without limiting the generality of the foregoing, the Landlord (or it successors and assigns) may from time to time and without notice to the undersigned, assign any or all of its rights through this paragraph without in any way affecting or diminishing the obligations of the Guarantor hereunder, who shall continue to remain bound by and obligated to perform under and with respect to this paragraph as though there had been no such assignment. f. Guarantor further acknowledges and agrees thatthe Landlord, in its sole and absolute discretion, may at any time enter into agreements with Tenant to amend, modify or change this Lease, or waive or release any provision or provisions hereof, and with reference thereto, may make and enter into all such agreements as the Landlord may deem proper or desirable, without any notice or further assent from the Guarantor and without, in any manner, impairing or affecting this paragraph or any of the Landlord's rights hereunder or any of the Guarantor's obligations hereunder. 44. AD VALOREM REAL ESTATE TAXES. If a determination is made that ad valorem real estate taxes must be assessed and paid, Tenant shall pay said taxes as said taxes become due and shall not allow the taxes to become delinquent. If Tenant allows the ad valorem real estate taxes to become delinquent at any time during the term of this Lease, regardless of whether such taxes ultimately are paid by Tenant, Landlord shall have the right to require Tenant to begin paying the taxes as additional rent on a monthly basis. Upon delivery of written notice by Landlord to this -26- 1' effect, Tenant shall thereafter on the first day of each month during the Lease Term and any renewal period, pay to Landlord as additional rent one-twelfth (1112) of the prior local tax year's November ad valorem property tax amount. ATTEST: TENANT: ATTEST: Rita Garvey Mayor-Commissioner Approved as to form and correctness: Pamela K. Akin City Attorney Signed, sealed and delivered in the presence of. Signature of Witness #1 Typed or printed name of Witness #1 Signature of Witness #2 Typed or printed name of Witness #2 By: Its: LANDLORD: CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk GUARANTOR: James R. Grogan -27- STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me this day of 199 , by as o f , a corporation, on behalf o the corporation. e s e is personally known to me or as produced (type of identification) as identification. Stamped (NOTARY SEAL) STATE OF FLORIDA COUNTY OF Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Notary Public, State of Notarial Serial Number The foregoing instrument was acknowledged before me this day of 1995, by James R. Grogan, who is personally known to me or who h a s p r o d u c e d - - (type of identification) as identification. Stamped (NOTARY SEAL) Signature of Person Taking Acknowledgment Name of Acknowledger Typed, Printed or Notary Public, State of Notarial Serial Number #61761.1 -28- r; S , I' .F DAT r ?4CE9V D,t? # -tmm%go . i i r M } D D ob ? ? ? ? '' ? ? ? ?' a WOW asO - is ac drtN? W V - 8 a. ?. ? s U. 0 Z e s is is x C 0 E51ul LL jL- D k: -a t3 1 ? a d oa ¦ a LU to (z CL Q >- x ? u, 04 Itra w ? a~i v CV ? CL Q ? h 4 40 ? « 0) 1 S h C6 1 ?11 !!? c? ch O IA 1p O ? r ? g p C ti w O O O ? v y 4U T C4 r T -IF q? y ~ 4 ?'. ~ y V w w 1 w ? vi w w w 44 49 w w w . ?w? g $ a o o o 9 t? o 55?? tS QQ ?S 2 GD Q y? w Vl ? N M! l w w w 40 v? tN r r r [5 to al 2 2 T ..2 41 mm 4 g' T e tt r2 l• LIP Y ? r ? Lh .. ?, o .. ?k o ar r r r r x O Q u. C ? .4 r cc ?m r d r r ? r m O3 d 11! tn6 I , 0. a`r `m w` a? ? o C L J a O V 4 ti m k o o g Q ? U y , a v? C t 9 w I : -?S2 - 3 fo CITY OF CLEARWATER Intendepartmental Correspondence Shad TO: Betty Deptula, City Manager FROM: Don Meerians, Ass't. Traffic Engi r I--- COPSES: Kathy S. Rice, Deputy City Manager COPIES To: Bill Baker, Assistant City Manager COMMISSION SUBJECT: Beach Concession Operations` OCT 0 4 1995 PRESS DATE: October 3, 1995 CLERK I ATTOFINWy It is my, understanding that a question came up regarding what cities operate beach food concessions. After a very cursory survey of other beach communities in the State of Florida, the following is a list of cities that operate their own concessions: ? City of St. Petersburg -- Municipal Beach on Treasure Island ? City of Hollywood -- Chair and Umbrella Concession only ? City of Naples ? City of Fernandina Beach If you have any additional questions please do not hesitate to contact me. i k .. CITY OF CLEARWATER P.O, BOX 4748 CLEARWATER, FLORIDA 34618-4748 City Commission MEMORANDUM PER COURIER TO: Betty Deptula, City Manager FROM: Fred A. Thomas, Commissioner J' 1/t DATE: October 5, 1995 SUBJECT: Checkers/Hamilton Offer for Beach Concession CC: Mayor, Commission Since the Checkers issue is being considered at the Commission meeting tonight and the Sunshine law requires me to forward written documents directed to me personally, I am sending you five copies of a letter that was delivered to my office today concerning this matter. The highlighting on each copy was initiated by the person delivering these documents. I do not know Bob Gagne nor have I ever spoken with him. I am merely presenting this information for consumption by the Commission and public. ENCLOSURE FAT/jej I co"116 r r?'MAVSS b. (JOT 0,5 7995 CLEjqK? Arro,q NFY ? w 16303 Avila Blvd Tampa, F1..13613 James White Jr. Checkers Drive in Re*aurants Inc, 600 Cleveland St. Clearwater, Fl. 34617 Ae...3fo Dear Jun; Again, as I look at they last three years, I try very hard to squeeze a tiny morsel of positive contribution that can be attributed to you. You have been the leader of our Company throughout the period when a nose dive has been a very conservative description of what has happened to us, Now, with the newest Lawsuits and the sexual harassment incidents, wouldn`t it be appropriate for you to consider leaving the Company permanently? The newspapers have pasted the story of you making sexual advaaws toward Mrs. Greenfelder and your lamp excuses have totally embanaswd all of the Franchisees. and Stockholders. Mostly you have embarrassed the system, the entire bunch of ug who, on a daily basis, represent Checkers, The people who work their heads off every day to present to the public a clean, fresh, hospit?ible image, Mead what we have represented to. the general public is a situation of tunnoil, one in which the revolving door of Senior Executives continues to turn:, You have added the frosting on the cake now with the public presentation of the disgrace of a sexual harassment claim which will be plastered more and more against the entire Company, Our image i5 bad enough bmiuse of your inability and your past track record, Now you have received the final humiliation. Sexual Harassment, My customers are driving in and aslang " W%at the hell is going on with Checkers'?" If they only lmew l You ego has absolutely run away %vith your brain, It has also, iu the last bee years, run away with our money, Please, please consider resisming as Vice Chairman of the Board, Please allow someone with a cleau slate, who is not au embarrassment to all of us, to take over in your spot. You can uever repair the damages that you have caused'us, You can never compensate for the shatne, disgrace and abrwdoruueut that we feel as people who have to be reapowible f'or your action's, Csa Home, ?-o I 1. Stock price decline from $15.00 to $2,00 2, Over $600,000,000.00 in loss of value to the stockbolders, 3. A deche in average annual Company store sales from 51,1501000,00 to $7 O0 000.00 a nose dive, 4. A twenty-two million dollar downturn in profits for the Company. Big profits to big losses, 5, A huge Company revolving door for management, Senior management during your tenure has a shelf life of less than a year. People just won't or don't stay when you're the leader. 6. A massive sexual harassment law suit filed against you and the Company, 7. Two Lawsuits against you and the Broww and Mattei claiming fraud, What a record, Jim you are an embairasament to all of us, Go back to Toledo, Very Truly Yours Bob Gagne THIS IS AN IN-HOUSE MEMO FROM ONE FRANCHISE OWNER TO THE CORPORATE OFFICE. IS THIS THE IMAGE YOU I?ANT TO REPRESENT CLEARWATER's BEAUTIFUL BEACHES? A i 1 S 4 f s '? / 1, -9, _.. ? ?-) We the below signed concerned citizens and business owners of Clearwater, DO NOT support the City of Clearwater Engineering Department operating (lie new concessions services located at Pier 60. As business owners we DO NOT approve of the city operating a business which corn pctes with the private sector, while at the same brae being funded by the private sector. OUR TAX DOLLARS SHOULD NOT SUPPORT OUR COMPETITION. As our represent RtiVCS, we urge the Mayor rind City Commission, to award the new concession project to the private sector. The city Engineering department may be qualified to design a kitchen, but is not best qualified to run one. The city would be best served by the private sector. NAME 714, ADDRESS -( LL M ?'Rq4Q(Cy rl!?c l f , ? [;Ors{Ec ?•r, CAt?iMlf.. pfit:.. Gi_ERK AT": BUSINESS r 77 { i. ? ? ` ?.w !i Imo- •t r? ?,,A i r 1 1 ? L ! 1 ? ?C {~ a 7 ?? ?? r f . .J lie, 1-1 1 r rr? 1L???? c ?7 4l We tlsc below signed concerned citizens nlrcl business owners OrClenrti rater, UU NOT support the City of Clearwater Engineering Department operating; ilie view concessions services located at Pier 50. As business owners we DO NOT approve of the city operating a buslriccs which rompetes with the private sector, while at the srstr+c time being funded by th - private COPIES 1.0., sector. OUR TAX DOLLARS SHOULD NOT SUPPORT OUR COMPETI I'ION. G0MWC;.S(nN As our representatives, we urge the Mayor and City Commission, to nward OCT ? r 5 the new concession project to the private sector. The city Engineering department 1995 msty be qualified to design a kitchen, but is not best qualified to run one. The city pl,t?5?, would be best served by the private sector. CLERK ! ATTOF-1;4Ey ? AC] 5 LIE' e-2 1-1 v) , 44 qa a -r. 7 qOE ! ?G 1 ?? °?J Av, L? L G't.? P 1 /L,9 ?•, BUSINESS UED y ,NAME Ttzr r'D We the below signed concerned citizens and business owners of Clearwater, DO NOT support the City of Clearwater Engincering Depariment operating the new concessions services located at Pier 60. As business owners we DO NOT Approve of the city operating a business which competes with the private sector, while at the same time being funded by the private sector. OUR TAX DOLLARS SHOULD NOT SUPPORT OUR COMPETITION. rvPEES TO; As our representatives, we urge the Mayor and City Commission, to award r?+v1h??S.S?ON the new concession project to Elie private sector. The city Engineering department OCT U 5 1995 may be quaiificd to design n kitchen, but is not best quntified by run one. The city would be best served by file private sector. . CLERK 1 ATTORNEY NAME ADDRESS BUSINESS r ' ?Zz ILL-' L -Z r 44 5 AJ t,-) a, le ce A F. Ii n ? G Y?f4 LLB fr 1???? Jr/ `) 1?.I rrti ?71..Lfl?!/i-- C ??' V'L` y ?.•??r - i? Cl Jlu) • r -r- `? l?t -C r' We the below signed concerntd citizens and business owners of Clearwater, DO NOT support the City of Clearwater Engineering Department operating the new concessions services located at Pier 60. % As business owners we DO NU'C approve of the city.operrrting it business which competes with the private sector, while nt the snme time being funded by the private sector, OUR TAX DOLLARS SHOULD NOT SUPPORTOUR COMPETITION. (-UPIES TO, As our represenintivcs, we urge the Mayor and City Commission, to award `"r:'t"'WSSION the new concession project to the private sector. The city Engineering department OC ! 0 inay be qualified to design n kitchen, but is not best qualified to ron one. The city would be best served by the private sector. ` CLERK / ATT(}Fiiqi;y NAME e.CJ:eA&Q spa In- L• -2-65? - i- -ZE ???? s• ?a'LsEU` ? a r 7 J. 1 z? ADDRESS R?. - •? &LL C???crtil?i fl.? ."7/..2 7 `7 i,t S 12 /_a ? S &.2 -S o 4113 i 41 f .?G' ?,'11?t ?t? ???. ?r ire. J ?.`._? 112 -?6? BUSINESS e ? eue &4&d ?Ier;4-(' ?: -LU / \ (c to. ??. ?. C ?-:" 1 - -34A (:-D ?5- r??w' t- 311 l t Y " r 4?sy V: LL) C ?' V t7 . . L&G o y" r-) Wt the below signed concerned citizens and business owners of Clearwater, DO NOT support the City of Clearwater Engineering Department operating (lie new concessions services located at Pier 60. As business owners we DO NOT approve of the city operating a business which competes with the private sector, while nt the same time being fended by the private sector. OUR TAX DOLLARS SHOULD NOT SUPPORT OU14 COMPETITION. As our representatives, we urge (lie Mayer and City Commission, to award "V M-1-SSICIN the new concession project to the private sector. The city Engineering department 130, 0 5 1995 may be qualified to design a kitchen, but is not best qualified to run one. The city would be best served by the private sector. Lam- r A7TCJU?EY NAME Awl ADDRESS -LN 99 909 G(- S OP. P. 2QLo? -6ni?f e? Lr?i ? ,er -? l ?`? ?.? 1 J.'/: i {mot c ttdll . { ??.?/ ,` CL.?•r?J t ,?. .!_11r1'!? .mil • C ? i 5 i'E1 ??_ ? j•t C.?ru E`c :.,v ??. I?..L 1 BUSINESS l-e4,--?,,7? rr 3 Yd-Z l 11 C' I ?4eo I G { r1 We the below signed concerned citizens and business owners or Clearwater, DO NOT support the City of Clearwater Engineering Department operating the new concessions services located at Pier 60. As business owners we DO NOT approve of the city operating a business which competes with the private sector, while nt the same time being funded by the private sector. OUR TAX DOLLARS SHOULD NOT SUPPORT OUR COMPETITION. As our representatives, we urge the Mayor and City Commission, to award the new concession project to the private sector. The city Engineering department may be qualified to design it kitchen, but is not best qualified to run one. The city would be best served by the private sector. NAME 4LX1-12 2/? ; . ? r 17 VA -Caco r. 1 t' L? GOPIES TO- (-. nV,?-AISSI(1NF OCT U 5 1995 r,".Q06 Gl.= RK ! ATTbFINEY ADDRESS BUSINESS 5ars J.9012-& ?v .f i 1132q r D1. -- l la 00 0 ' Ye .. 4 '12 C1 4 L,1 We the below signed concerned citizens acid business owners orClearn-rifer, DO NOT support the City of Clearwater Engineering Department operating the new concessions services located at Pier 60. As business owners we DO NOT approve or the city operating a business whicla rompew. ivith thr private sector, while at the snute time being funded by the private sector. ' ii'R TA': DOLLARS SHOULD NOT SUPPORT OUR COMPETITION. As our rclierseutatives, we urge the Mayor and City Commission, to award the neiv concession project to the private sector. The city Engineering department may be (pialified to design a kitchen, but is not best qualified to run one. The city would be best served by the private sector. NAME 22 ADDRESS r?-P- ry I U. S I /C? 421 S?'?p is J 41, _ t r COPIES TV' r0N10N4ISSI()N OCT 0 5 1995 Pr,tSS CLERK / ATTORNEY BUSINESS cc ???? C= F `? ? E !tic- !?` (rt <. t °L,... LEA R-U-A T JK r?? le A fc- ,?L , 1 COPIES TO: rON;MIcSI,-) No O C T 0 5 1995 would be best served by the private sector. r?,_J5 CLERK / ATTORNEY We the below signed concerned citizens and business owners of Clearwater, DO NOT support the City of Clearwater Engineering Department operating the new concessions services located at Pier 60. As business owners we DO NOT approve of the city operating a business which competes with the private sector, while at the same time being funded by the private sector. OUR TAX DOLLARS SHOULD NOT SUPPORT OUR COMPETITION. As our representatives, we urge the Mayor and City Commission, to award the new concession project to the private sector. The city Engineering department may be qualified to design a kitchen, but is not best qualilwed to run one. The city NAME ADDRESS BUSINESS Zt 1. 4 It L!/?t ? ~? ! ! r / •',G? C(.j1 I?? X7'7 ? 1?+/_ r ? ?//?,/.{?' ?,?r, "'/3 l `: ? ?f?. , ?+-t.?"?4ri? Zipcodes of current members on boards needing (re)appointments 1015195 LIB 2 at 34615 2 at 34616 1 at 34619 2 at 34621 2 at 34624 1 at 34625 1 at 34630 MCEB 4 at 34615 1 at 34616 1 at 34619 1 at 34624 ORB 2 at 34615 1 at 34616 1 at 346'19 1 at 34623 1 at 34624 vacant i f I . C\ K _APPOINT ENr_ WORI:SHEET FOR COMMISSION MEETING Orjobor 5, 1995 APPOINTMENTS Agenda #3 * recv since notification BOARD: Library Board TERM: 4 years (effective 11118193) APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Not Required RESIDENCY REQUIREMENT:City of Clearwater SPECIAL QUALIFICATIONS: None MEMBERS: 11 CHAIRPERSON: Tony Bacon MEETING DATES: 3rd Fri., 9:00 a.m. PLACE: Library Conference Room APPTS. NEEDED: 1 DATE APPTS TO BE MADE: 1015!95 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Record Ecappointmpat 1. Brenda Hunter 1992 YES * * past year for board - 9194 to 5195, 9 meetings, present 4 1 absent 5 current term (which was when the board had 3 year terms) expires 10/31/95 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: *1. Marshall Bennett 2424 Sunset Point Rd., 34625 2, Christine Morris 1044 N. Madison Ave., 34615 3. Jill Perrino 2 N. Fernwood, #8, 34625 Retired Librarian Retired Librarian for City of Clearwater Self-employed Writer Name A ?7Y CF CL_ARV,' , , --R A+ vii:atiCr} 'or ricvssorY Ss arch t-)ust be ; leitwater '",z,Qe^t) H- ---- Home Address: Office Andress: d z,P1'7,P: Telephone . I3? ?-• ? Q? Telephone How Long a resident of the City of Clearwater? Occupation 0-61-j' F2._ Employer llc'4-1L'" a- Field of Education: .V, t, Tait r Mj Other Wort; Experience: If retired, former occupation h- 1 1 ?'- r r r/Cz Community Activites: I IAn (3 U r-r?-Et "e-cl.. v 0 t?-/,c Other Interests: L-- AY m 7 Board Service (current and past) Board Preference: I / 1" L -, beot- Additional Comments: S r- r? ,,--- Signed: Date: Please see attached list for Boards that require Financial Disclosure. PL=-AS--- RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 3:618 r?iY ?'4w1• SEP 2 1 r995 Clry CLERK oEPt•. 1tLt?G1<?1lER ldEU1PAY, 10-03-05 12:35N R01-1 TO 4526488 8002/003 Faustino F. Dolores 3312 San Domingo St., Clearwater, FL 34619 ($13) 791-7300 R -e = 38 +- 39 OBJECTIVE: To obtain a Mechanical Engineering position utilizing my technical education and experiences. EDUCATION: B.S.M.E.,1977, Adamson University, Manila, Philippines. EXPERIENCES: May 1994-fit ?u''1 ?r 1?11.'°?Fs?tj a?1.?.., Techstaff 1100 North Florida Avenue P.O. Box 172126 Tampa, Florida 33672 Design Engineer-Contract work for design of packaging equipment for Klockner- Medipak Co. using Autocad R12 for Windows. October 1993-May 1994 Gulf Sales & Engineering Corp. 4625 East Bay Drive, Suite 222 Clearwater, FL 34624 Design Engineer: Prepared mechanical equipment layouts and design of citrus processing equipment. Sales & fabrication liaison work on a certain project. Use of CAD, boardwork & computer programs on performance of assigned task. July 1993-October 1993 T.I. Temporaries 4472 Park Blvd. Pinellas Park, FL 34665 DesignerlDraftsman- design and drafting work of plating equipment for circuit'board manufacturing using Autocad. March 1990-June 1993 M.K.-Ferguson Co. M.K: Ferguson Plaza 1500 West 3rd Street , Cleveland, Ohio 44113-1405 Design Engineer li : Prepared mechanical equipment layouts,bulk material handling equipment mechanical & pneumatic type, pressure vessels and specification writing using DuPont standards, Work in a team of different engineering discipline. CADD application Intergraph/Microstation. Involved hoavily In the following projects: Sodium Perborate Monohydrate Plant-DuPont at Memphis,TN Titanium trioxide Production Plant-Dupont at Kurea. Telomer Processing Facility. Plant-Dupont at Park.,W.Va. Film Production Line Teijin-DuPont at Circleville,01-I Amoco Chemical Plant-Amoco at Decatur, Alabama a,.. M. 1. 12 : 35P14 F RU ROCKNER RED I PAY, TO 4626486 P003/003 Faustino F. Dolores Experiences: October ,1985-Maarch 1930y C.A.Litxl,er Co ., In c. 4800 West 160th St . Cleveland,OH 44135 Mechanical Designer Responsible for system design & layout, air Plow/volume calculation elevated temperature, enclosed and ducted systems. Equipment selection of related equipment especially woven & non-woven composite impregnation processing. Interfacing with other engineering staff, vendor coordination from conception to final assembly. Personal computer and Autoaad application. February 1985-October 1985, A.B. Enterprises ` 35110 Lakeland Blvd., Eastlake, ON 44094 Designer/Detailer--Mechanical equipments. Job Shopper May 1980-December 1984 Self-Employed Drafting works for Hy AC consultants. December 1981-March 1983 HWH Affiliates Inc. 1160 West 3ra St., Cleveland, OH 44113 ... . Draftsman-process piping and HVAC systems. Laid-cuff due to lack of work. June 197-July 1961 Philippine-investment Management consultants, Inc. Makati, MetroManil.a, Philippines production/Maintenance Foreman-Cement Manufacturing Supervised maintenance and operation personnels. Planned and scheduled work and production goals. Did minor design and plant improvements. immigrate to U.S.A. Uanuary 1978-May 1978 Construction and Development Corp. of the Phil. Makati, MetroManila, Philippines Cost Engineer Honi.toxed and evaluated project coat to determine its progress and efficiency. Left for advancement. REFERBNCE5:Available upon request. I cI K oel - _AEP INTMENT WORKSHEET . 3 FOR COMMISSION MEETING QQjobor 5. 1995 AP__P4INTMENTS Agenda # BOARD: Municipal Code Enforcement Board MEMBERS: 7 TERM: 3 years CHAIR: Stephen Swanberg APPOINTED BY: City Commission MEETING DATES: 2nd & 4th FINANCIAL DISCLOSURE: Required Wednesdays, 3:00 p.m. RESIDENCY REQUIREMENT: City of Clearwater APPTS. NEEDED: 2 SPECIAL QUALIFICATIONS: Whenever possible, DATE APPTS. TO BE MADE: 1015195 this Board shall include an architect, engineer, businessperson, general contractor, sub-contractor & a realtor THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REELACEMEN_T_ BY A NEW APPOINTEE. Date of Original Attendance NaMp, Appointment Becord_ 1. Helen Kerwin 1994 * since apptmt at 11 /29194 mtg, MCEB had 10 mtgs, present all 2. Robert Theroux 1994 NA Both of the above are completing unexpired terms to 10/31/95 Interest in reaoointMent YES No THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Faustino Dolores . 3312 San Domingo St., 34619 2. William Plouffe 200 Skiff Pt., Apt 2, 34630 3. H. Virginia Robinson 1005 Amble Ln., 34615 4. Arthur Walsh 2066 Madrid Ct., N., 34623 Engineer Past Economic Dev. Director Past General Manager/Treasurer Nurse, Red Cross Volunteer Retired N.Y.C. Fire Dept, past restaurant owner part time w/Pinellas Co. School Board S clO ApEommENT WORKSHEET FOR COMMISSION MEETING Octo?pr 5, 1995 *Rec'v since notification BOARD: Design Review Board TERM: 4 years APPOINTED BY: City Commission FINANCIAL DISCLOSURE: Required RESIDENCY REQUIREMENT: City of Clearwater STAFF LIAISON: Central Permitting Agenda # 31 MEMBERS: 7 CHAIRPERSON: MEETING DATE: PLACE: APPTS. NEEDED: 1 DATE APPTS TO BE MADE: 10/5/955 SPECIAL QUALIFICATIONS: Three members (one per area) shall be property owners or merchants within the affected areas (Clearwater Beach, Downtown Clearwater, and the North Greenwood commercial district); two shall be design professionals ii.e., architects, landscape architects, engineers, or urban planners); and two shall be "At-Large". THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAEEOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Vacant - Area Property Owner or Merchant - North Greenwood Arthonia Godwin resigned person appointed will begin immediately - have term to 9130/99 Note: Of all the volunteers listed, Tal Rutledge is the only one eligible for this category, the rest are At-Large candidates. Another eligible application is expected and will be provided when received. - See #3 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. David Allbritton 305 Hillcrest Dr., N., 34615 2. Edward Batsford, Jr. 1018 Sedeeva St., 34615 *3. Mac Boykins 1143 Tangerine St., 34615 4. Mark Cagni 144 Devon Dr., 34630 5. Sheila Cale 252 Dolphin Pt., 34630 General Contractor General Contractor Restaurateur - 1045 N. Greenwood Ave. General Contractor current member BC, would resign off that Hospice Volunteer Director 6. Faustino Dolores Engineer 3312 San Domingo St., 34619 7. Richard Fleming Interior Design Student 2545 NE Coachman Rd., #80, 34625 8. Humberto Fontana Social Reform Director w/ Church Scientology 16432 US19N,'#228, 34624 9. Herbert Freitag current member CRB, would resign off that 829 Narcissus Ave., 34630 Minister 10. Gary Gray Banker 506 N. Lincoln Ave., 34615 11. Glenn Hough Contractor/Engineer 1862 Castle Woods Dr., 34619 12. Mark Jonnatti Architect 2775 Quail Hollow Rd.,E., 34621 13. Sam Lampson Self-employed - Quality Neon 1447 Springdale St., 34615 14. Dwight Matheny Business Owner 1247 S. Greenwood Ave., #D205, 34616 15. Gary Meritt General Contractor 2318 Moorehaven Dr., W., 34623 16. Susan Orneck Sales/Marketing Design 644 Island Way, #206, 34630 17. Janet Ott Interior Designer 1717 Starlight Dr., 34615 18. Tal Rutledge past member NGDRC 1 109 N. Greenwood Ave., 34615 19. Arthur Walsh Retired New York City Fire Dept. & 2066 Madrid Ct., N., 34623 restaurant owner 20. Robert Waterston CPA 2545 NE Coachman Rd., #87,34625 21. Geoffrey Weber Consultant 100 Windward Island, 34630 22. Gary Young Architect 3063 Homestead Ct., 34619 t CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater r si n ) Name f G ,CJ G - r..- Home Address: Office Address: ZZ-2 !2 ZIP: L?-?J zip: 3511 Telephone Telephone How Long a r i n of the City of Clearwater? Occupation Employer Field of Education: Other Work Experience: If retired, former occupation Community Activites: Other Interests: Board Service (current and past) Board Preference: Additional Comments: v Signed: ate: 22Z-a= 2? r J Y?? Please see attached list for Boards that require Financial Disclosure. PLEASE RETURN THIS FORM TO: City Clerk's Department P,O. Box 4748 Clearwater, FL 34618 CITY OF CLEARWATER Application for Advisory Boards (must be Clearwater r i l Name Zyk.7-7AIS Home Address: Telephone C Y/3) ?t-'¢ 7 - 3?PS? Office Address: j Is- N. Gr,-c??vr r?va? ,gvc-. C'LC/a 2ytlf3 r ?'2 . r--4-- ZIP• 31f?l S Telephone Cg?-?? `¢ 7 _ 3,f.S,F Haw Long a resid n of the City of Clearwater? 3S yE??-S Occupation 1&7A n 7 -C-41z- _ Employer lleCC4,65FS SG L F Field of Education: Other Work Experience: - - l? D ?1L? i F2 SC ,? Gn?r?c ONE' w L --ND S S7f MS C •2-Y/?- SJ 1771?PiiP .% /JG 1!5-"7-6' jZ?`E Ct?MntG}N -cff:S?vS ?ZS UIC-s? If retired, former occupation Community Activities: 2 ?,G'7~ir{ (..`' ILEC,vU O D !) /?SSoG , ?N4 :-cu s? 7 L ?. 4.g i? j c? /?- :jE? : f' ^' CLG?`r2?v? : ?2 fVC-? 6/r>3o? f70IJ+v t'lAu1 $:-.JG $'v?S. ?a f?2? Other Interests: &P,&qr- e-- 6-^o IF Board Service (current and past) "N F Board Preference: 62/ Z--rA1 J ay n ?/JE S t G.? ??-??? GuJ ??4P [J Additional Comments: X /Y/u?C A peesp a4 ? AHo t3 a sv:N6 s.r 'tb 7`1i E AF11:7-: A L.2 ti T v.•? c= fUa/a- l,1 G/i-CEau ? a 6 A V&.4 SS Signed: f 'e- f t `Date: SC111=.r. -71 " _A1.iS :.y 7" .t S n-% Y > jyc ?'L ?T . Please see attached list for Boards that require Financial Disclosure. PLEASE: RETURN THIS FORM TO: City Clerk's Department P.O. Box 4748 Clearwater, FL 34618 SEP 2 a 1:-91a Co ?yr? r'tl?r EN ; CITY CL? :;C LMi';. w N MAC ARTHUR BOYKINS 490 Hardage Farm Drive Marietta, GA 30064 RESUME (Home) (404) 590-8606 (Work) (404) 951-8800 ¦ EMP1OYMEN1 QBJECTlyE Senior level Management position responsible for Sales, Marketing and/or Business . Development with a company that desires to establish a market leadership position in the Information Services Industry. pR!QEIl9 I am a motivated, results-oriented sales/marketing professional. I possess strong organization, business development, and communication skills. My work experience in sales/marketing and general management has developed my interpersonal skills and decision-making ability with a strong orientation towards achieving prof:t objectives. WERIENCE July 1990 - Present GTE Interactive Services, Atlanta, GA. Developed a card-based services business plan and product plan for a mug enterprise network providing electronic payments, electronic marketing and electronic data interchange. Negotiated and contracted the business relationships required to provide the integrated service. Sold and negotiated the fast processing contract with a large California retailer (250+ stores). April 1986 - rune 1990 Jmgtor/GengW Merger - informatiorLBusincssss GTE/GTEL Corporation, Thousand Oaks, CA Established a West Coast value-added network and informadon processing business providing electronic payments and integrated network services for the GTE Western Region. Provided general management of all business functions for a staff of 110 people in two major California markets. Grew business from start up to over $10 million in annual revenues. Dumber 1984 - March 1986 GTE MIDWESTERN TELEPHONE OPERATIONS, Westfield, IN Deweloped the business plan and executed the market test for the first GTE EFT venture business. Served as the product champion for the venture team; Recruited and staffed the cone rollout team; Sold and negotiated the first EFT contract- Established GTE EFT Services as an incorporated GTE business unit. June 1982 - November 1984 GTE MIDWESTERN TELEPHONE OPERATIONS, Westfield, IN Consolidated and managed Headquarters computer services, information centers, application development centers; and provided customer services for six Midwestern states as part of GTE's deregulation and consolidation effort. February 1980 - May 1982 Qstomer Smice Director GTE DATA SERVICES, INC., Ft. Wayne, IN Directed the marketing and systems implementation efforts of 150 people serving the GTE Indiana and Michigan Telephone Companies. Implemented standard on-dine business information systems in all GTE Midwestern telcos. Accomplished GTE's goal for standardization of information systems for all Midwest telcos. Page 2 February 1978 - January 1980 November 1970 - January 1978 June 1968 - October 1970 MAC AMEUR BOYKINS GTE DATA SERVICES, INC., 'T=ampa, FL Managed large systems and programming staffs, responsible for the development and support of data base and on-line telecommunications systems; completed development of two of GTE's most critical systems: Mechanized Service Office System (MSOS) and Trouble Administration. Systems (TAS); utilized IBM-IMS, TSO, DIA software on IBM 370.168, 3033AP hardware. ,Systeais Devclooment Suncrvisor GTE DATA SERVICES, INC., 7hmpa, FL Supervised the design and development of GTE's materials management and order entry systems other experience included a staff assignment as an administrator/auditor of company operating practices and procedures as a prerequisite to assuming a major management position. Systems Analystd?mg=mcr LYKFrS-YOUNGSTOWN COMPUTER SERVICES, St. Petersburg, FL. Designed and programmed banking and finance applications for a large computer service bureau. 1980 - 1983 INDIANA UNIVERSITY, Indianapolis, IN Bachelor of Science - Business Administration ' Major in Marketing grade point average of 4.0 (4.0 basis) in marketing concentration, 3.9 overall, course work in finance, marketing, advanced mathematics, organization behavior and administrative policy. 1966 - 1968 ST. PETERSBURG JUNIOR COLLEGE, St. Petersburg, FL. Associate of Science - Computer Science Grade point average of 3.9 (4.0 basis) 1956 - 1962 PINELLAS HIGH SCHOOL, Clearwater, FL FROEES,STQ12AL SKILLS General ManaMment of a Financial Services Processing Division, Hands-on Sales-and MarketinQ for a diversified service and product line, Orr?anizatianand elannine for the development and rollout of a major Telco deregulated business, SUffine and Recpuit_ment for two new information business units, ptject Management for the installation of a statewide data network and switch center. TECHN,I!2AL5KILLS Information Management tenns and techniques, extensive knowledge of large system applications and network communication techniques; working knowledge of MM and Tandem computer architectures, proficient with most IBM PC and compatible hardware and software. ACT EEMS Active member of American Management Association (AMA), Bcta Gamma Sigma. Indiana University Chapter. AWARDS Valedictorian, Pinellas High School, 1962 Apollo Honors Award, St. Petersburg Jc College, 1968 GTE Product Management Award, GTE Service Corp., 1980 Beta Gamma Sigma Honors Award, Indiana University, 1983 GTE Industry Achievement Award, GTE Service Corp., 1986 IN=REST5 Reading, running, audio, and travel References furnished upon request. I cx, RESOLUTION NO. 95- A RESOLUTION OF THE CITY COMMISSION OF CLEARWATER, FLORIDA; CONCERNING THE PERFORMANCE OF ANGELS OF AMERICA AT RUTH ECKERD HALL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is a family oriented community which works.to develop a safe, wholesome environment emphasizing and encouraging family oriented activities and recreation; and WHEREAS, the City Commission has taken a strong stand against public nudity and aggressively regulates adult uses in order to control the adverse secondary effects of such uses on the community; and WHEREAS, Angels in America, a play which contains nudity, profanity, and adult themes is scheduled to be performed at Ruth Eckerd Hall in December of 1995; and WHEREAS, the City of Clearwater provides substantial financial support to PACT in the amount of $400,000 a year in exchange for availability of the facility for certain public uses; and BE IT RESOLVED BY THE CITY COMMISSION, CITY OF CLEARWATER, Section 1. That the City Commission of the City of Clearwater hereby requests that PACT be sensitive to and aware of community standaFds in booking. performances for Ruth Eckerd Hall. Section 2. That this resolution be transmitted to all members of the PACT Board of Trustees. PASSED AND ADOPTED this day of _ , 1995. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk We the undersigned residents of, Clearwater do hereby Petition Mayor Garvcy and Council Members, that the annual sum of Four Hundred Thousand talc Dollars ($400,000.00) to PACT, Inc./Ruth Eokerd Hall be terminated as )qe:. promptly as possible! PACT, J.ne./Ruth Eaker'd Ha has scheduled and rnarkctcd a play "Angels in America", which includes full nudity, sexual q/q situations, homosexual themes and profanity. PACT, - Inc./Ruth Eokerd Hall, has failed to exercise good corporate citizenship acid respect for family values, by marketing this production in our community. We do not want PACT, .Inc./Ruth Eokerd Hall to receive any of our tax dollars now or in the future. NAME; 6h - I- U) ADDRESS; 1... rs r_. Q._5,-?. _STATE ZIP: VA ?tlz_l NAME: J P}IpNE; 31'" •2. ADDRESS: •?f / ..__..._STATE: -ZIP: ? NAME: PHONE: ?? .. c• . ? .?D ?- /???' _8TATE: ZIP: ADDESS: NAME: ADDRESS: I yy f~ ? L ./ ' ?• -N-1,11(l T C.1 _STA1 ,:•: , _Zfp: NAME: ±ecl _ _ rHOIvE: -- ADDRESS: . r, ,; 7 c. 1?. i P r? _STATE: ??,,_ZIP, t + _? ?U of NAME: J? . '?t`? 1 ;???--! !'.?hti..•--.? _PHONI;: t? 7-. ADaRE8E1: STATE NAME: i?s????exLw.HONEJ'' ADDRESS: .c ,_Q?.cL _STATE: C ZIP-314 1. NAME:_____f??? G 4 ?HONE:?7?1 ??. y `1?------ ADDRES$•?? STATE: IP: /' - 5 7 NAME: r;: •.j /?% ?..?`J __PHONE: ADDRE33: _STATE. ZIP: ,/ NAME: _PNONE-_ ADDRF.S&: _.-STATE Christian Coalition of Pinellas County - 535-66x52 -.---- ------------------------------- ---------------------------- .......... .-r.?=----- it .. , We the undersigned residents of, Clearwater do hereby petition Mayor Garvcy and Council Members, that the annual sum of Four Hundred Thousand tax Dollars (5400,000.00) to PACT, Ino./Ruth Eokerd Hall be terminated as promptly as possible! PACT, Inc./Ruth Eokerd Hall has scheduled and' marketed a play "Angels in America", which includes full nudity, sexual situations, homosexual themes and profanity. PACT, Inc./Ruth Eokerd Hall, has failed to exercise good corporate citizenship acid respect for family values, by marketing thin production in our community. We do not want PACT, Inc./Ruth Eokerd Hall to receive any of our tax dollars now or in the future. NAME: PHONE: ADDRESS: r) _ STATE:"ZIP: / r. N P}IONZ : CIy? ?C f? 7 AIJDREBB:??? / r ? _.?_ _BTATE ??zIP:?? y?+ I NAME: _.._.._ ._PHONE: 7;3 g O Q'Z. ADDRESS: `? ??D+r Z 'r-, v arw a _ TA IE: F J- ZIP: 54(0-;?!y ADDRESS: I - cr r STATE: I Z: 3 ?v / NAME: 1 __, .. ..._ PHONE: .?/-.5 93..... ADDRESS: NAM -STATE:-7/ 4II':eA-4X AL1DR 9fil:? •_ `?C( G11/rSTA'I,: Zt?: 3 NAME: PHONE: ADDRESS: STATE: ZIP: NAME: PHONE: ADDRESS: STATk:?.?iP: _ NAME: PHONE: ADDRESS:__ — --STATE: NAME: PHONE: ADDRESS: rATE: 'Lip: Christlan Coalltton of Pinellas County - 5354W2 cj We the undersignod residents of Clearwatet, do hereby peition Mayor Garvey and Council Members, that the annual sum of Four Hundred Thousand tax Dollars ((400,000.00) to PACT, Inc./Ruth Eokerd Hall be terminated as promptly as possible! PACT, Inc./Ruth Eokerd Hall has scheduled and marketed a play "Angels in America'", which includes full nudity, sexual situations, homosexual themes and profanity, PACT, Inc./Ruth Eckerd Hall, has failed to exercise good corporate citizensbip and respect for family values, by marketing this production in our community. We do not want, PACT, Inc./Ruth Eekerd Hall to receive any of our tax dollars now or in the future. NAME: __PHOKE(3) ??.YYY ADDRE98:1 *t !s?,1dn,,ttrn,t t ,, _ STATE: ,L_Z2:3 64 ?.....?'f[ONE: ADDRE86: 'Z e G-k;C11 C_ &,/f_Ln=== STATE: ? ZIP: NAI4 __ //- u6? `/_ v / .......`PHONE •_ .P_ - a e d a r_ .?? ADDRESS:a?ZD? 7?irs ,o /iC _STATE- ?ZIP: 6 NAME: P?InJVE:rS".I?Ip: ADDKESS:._/ ?/ rr-L? Cut C: cr ` __STATE: L _N C7_1 zz ADDRESS: -_ _E3TATE :ZIf': ,?14? f? NAME: ADDFtrBFI'"-. 8TATE:Szn':__qLYj0 p-7y r-?-+- r / NnME -rH_oNE: -7"?7 ' yd 7 a ADDRESS:, .r? _''-'- .??t _STATE-? ZIP:_„ NAME:2!•- . , PHONE: ADDRESS: _STATE•_ MP: ?'? ?=•'_S N NAME: ADDRESS: 1?0 0pw?u.G 227-57?? _7f _STATT.! ,1?pC zue: 5 4 6 Z.3 Chi ribdian Coalition of McIlob County - 535-W2 - --- V 9' ?V I, 3 F? a )z a Kam, rl q v 1 ,? 11 ? ?? rs If W !s- //I J" ,?'P'rr Ada r-7 5? ??1?,?yG! 5 J We the undersignod residents of Clearwater do hereby petition Mayor Garvey and Council Members, that the annual sum of Four Hundred Thousand tax Dollars (S400,000.00) to PACT, Inc./Ruth Eekerd Hall be terminated as promptly as passible! PACT, Inc./Ruth Eakerd Hall has scheduled and marketed a play "Angels in America", which includes full nudity, sexual situations, homosexual themes and profanity. PACT, Inc./Ruth Eekerd Hall, has failed to exercise good corporate citizenship and respect for family values, by marketing this production in our community. We do not want PACT, Inc./Ruth Eekerd Hall to receive any of our tax dollars now or in the future. NAME: NAME: ADDRESS: _S'T.kTE: ZIP: A Z_ - NAME: 4? PHONE• ADDRESS: ??O _ _S'rATE:.?ZFP:-II11JJs/ ?•Y?? AUDKFSS:?,?f / _..,_ STATExZ,;ZIP: NAME:. _PHONE: ADDkU8B: 0g_1 _ _8TATE:??Z?: NAME: ?? L r - -- - _ _._..._?_PHONE• STATE: ZIP: ADDRESS: 1 rSTATE: ZIP: 0 NAME: •Gf'J .. PHONE,:_2z?? --4/ _ _1/ _ v _ ADDRESS: r, Z 7* _STATE: ZIP:____._. ?J ?) _! c7 1 PHONE: ?A, IN r' r11 - 1 „c. Ci ADDRESS: ? - 1 U La"_ / -STATE ?--f .L Z1P: Q r a NAME: _P110 TE: Za _3 -- -------- ADDRESS- ? ! .: ?l?l.,'' }t,?: ?C? /:?:?' ? l'1:??`1(.(}•r;.?a.RTA??'.1 ..?! ZIP: - ? Ili r? `f 4t4,1 7- 7 Chxlitian Conlltfon of Ptneaaij County - 5k5 2 3 3 ----------------•..?•. __.. - KICK ?M?.•.+.+r ..... .? ,..«., n•.y "+ •?.?: ?T?`= ., , e>•,' + ??'.t ??ar ??k?tt`?? '.i ?? ? ??a?1.[f?s`:S^',"•'°'.i4Sy`"!?? • , .. - 1 ' Out oo tee C ze rJ?Z. 1. ?. .91 y 17 - ;11 i We the undersign©d residents of, Clearwater do hereby patition Mayor Garvey and Council Members, that the annual sum of Four Hundred Thousand tax Dollars ($400,000.00) to PACT, Ino./Ruth Eokerrd Hall be terminated as promptly as possible PACT, Inc./Ruth Eokerd Hall has scheduled and marketed a play "Angels in America", which includes full nudity, sexual situations, homosexual themes and profanity, PACT, Inc./Ruth Eokerd Hall, has failed to exercise good corporate citizenship and respect for family values, by marketing this produo6on in our community. We do not want PACT, Inc./Ruth Eokerd Hall to receive any of our tax dollars now or in the future. NAME ttStim ll.:cc. r -r / e) PHONE' '-P-13 ' J 2 S 4 ?T R ?r ,fit a ?a ADDRESB:c? n? ? n r/_ • T r ?L-lam _-STATE:_?ZIP:.? -W NAME: t- M44/',O) L ADDRESS: Jf fY?Gy •?il_:t-io STATEZIP:? NAME: r? ` ` TrLU7nMr PHONE: ADDRESS: c?4 - ' ttILW AL j_STATE: FL ZIP: J yG a._ N.11+dE: ?. --PITONE•.- wr ADDRESS: _STATE•_; __?zIP: NAMM:__u? .PHONE: _ ADDRESS' NAME: _PTIONE: ADDRESS' ----STATE- _ZW: _ NAME: CHONE: ADDRESS: STATE: ZIP: NAME: ADDRESS' _STAT$:?, III': .?-- NAME: ADDRESS:--_ _ _8TATE• NAME' .. _PT iONE • ADDRESS: -- - - -- ?- .-STA"I'E'. Christian Coalition of Pinellas County - 535-W2 -------- •----------------.----..---------- -------------------------------------.__?_----- We the undersigned residents of, Clearwater do hereby petition Mayor Garvcy and Counoi Members, that the annual sum of Four Hundred Thousand taut Dollars ($404,000.00) to PACT, Inc./Ruth. Eokerd Hall be terminated as promptly as passible! PACT, Inc./Ruth .Eokerd Hall has scheduled and marketed a play "angels in Amerioa", whioh includes full nudity, sexual situations, homosexual themes and profanity. PACT, Inc./Ruth Eokerd Hall, has failed to exeroisc good corporate citizenship and respect for family values, by marketing thin production in our community. We do not want PACT, Inc./Ruth Eokerd Hall to receive any of our tax dollars now or in the future. NAME: 1-1 `->tq Sttm m O IJ S PHONE: ADDRESS75DQ W1 N 01,J61 cep t? v?A 416 -?o-7 Ck?L-L,--STATE: F L zip: Sel Z l NAME: __PHONE, A.DDRESS:-///j.,,1_ , '?.w? U Cr7?aVc ffTATE: ZIP: NAME: PHONE: ADDRESS:_. -S'TAT'E: ZIP: NAME: r _ - __Pl`IONE:._.. ADDRESS: -STATE:---ZIP; NAME: _ . PHONE: ADDRESS: STATE: ZIP: NAME: PHONE: ADDRr96: 14TATE: ZIP: NAME: rHOTVE: ADDRESS: -STATE: ZIP:- NAME: ?__ yHONE: ADDRESS: _STATk.:____ZIP: NAME' PHOML ADDRESS-__ -STATE: _.__ ZIP: - NAME: PHONE: ADDRESS: 8'rnTF:LIP: C trbfian Con Htion of Pinellas County - 535-W2 1 We the undersigned residents of• Clearwater do hereby petition Mayor Garvey and Council Members, that the annual sum of pour hundred Thousand tax Dollars ($400,000.00) to PACT, Ina./Ruth Eokerd Hall be terminated as promptly as possibly: R PACT, I c./Ruth Eokerd Hall has scheduled and marketed a play "Angels in America", whioh includes full nudity, sexual situations, homosexual themes and profanity, PACT, Inc./Ruth Eokerd Hall, has failed to exerciee good corporate citizenship and respect for family values, by marketing thi3 production in our community. We do not want PACT, Inc./Ruth Eokerd Hall to receive any of our tax dollars now or in the future. NAME: ??uL0 Cad J . (&15L1 r _-PHONE:?R ?2 -lq _. ADDRESS: '4'D Sa[?' C ?v,??e ??? ?tiM rtav N sTATE: ? L zip: --34-6 $,i- NAME: PHONE• .1nnREBb:, Y/ R_ _ STATE: i?ZEP:?- ~ 'Y NAME: V _ ..' .. _PHONE: ? 7 ADDRESS; .I. $ _ - _STATE'FL NAME ADDRESS- STATE&-7j-ZIP: / NAME: PHONE: ADDRESS: 'L ??G 3 /?"'??,?_ ?!/ gTA'? ZEP• 3 `???/ NAME:.. f?._ 1rLC? -- _PIIoNE:? ArDRE98- t.7 ATE- U?(- qtr: 3 LA (Oa- C-1 NAME- rC/,z? S?G?au rJ PHONE- -Sy ? `? X79 X _STAT> : /"-? ZIP: 5 S!?,-qV . " 2Z 2 ADDRESS:'?% _STATk:EP _PHONE• ?-7 " 193_ ADDRESS: sus 9 c?..? a. a ESTATE: VC- ZII':?5 L16-,?l NAME: P710NE: ADDRESS: s Chr#stian Coalition of PlneQad County - 535-W2 D' l I-ny..», City of Clearwater 112 Osceola Ave. P.O. Box 4748 Clearwater, FL 34616 September 22, 1995 City Council Members, Re.4?q COPIES TOE COMMISSION OCT 0 5 1995 PRF-SS CLERK I ATTORNEY I have resided in this area for some time and have been consistently impressed with the quality of entertainment that Ruth Eckerd Hall has offered, until now. For the most part, the engagements presented at this hall have been rich with culture and uplifting to the imagination. However, this letter is to express my dissatisfaction with a play that will be performed at Ruth Eckerd Hall during the month of December, 1995. This play is entitled Angels in America (Part I - "Millennium Approaches" and Part II - "Perestroika"). A quarterly catalog published by Eckerd Hall has advertised this play with the following statement (warning) attached and I quote, "NOTE: ANGELS IN AMERICA IS SERIOUS ADULT THEATER WITH PROFANITY, FULL NUDITY, GAY THEMES AND SEXUAL SITUATIONS. NOT RECOMMENDED FOR CHILDREN". Because the titles insinuate biblical subject matter, I find the actual content particularly offensive. Establishments that engage in this type of behavior are appalling enough as it is, yet unfortunately they are legal in this area. Still, this engagement is especially repulsive due to the fact that R. E. Hall positions itself as a supporter of high caliber theater. If R. E. Hall plans to feature performances containing subject matter such as this "play", what differentiates them from the . establishments referred to above, otherwise known as Adult Night Clubs? Further I do not exaggerate when I say, I was disgusted when I discovered that taxpayers money is helping support this pornography. At the risk of overusing a very old statement, "A rose by another name is still a rose", (or in this case, filth). I implore you to reconsider your position in regards to financial support given to Ruth Eckerd Hall by the city, if their decision to host this event is not altered. Sincerely, 4 J, 3 Dq Ah c1?o?-y 40ti 'P- 3 d cc: Mayor, Rita Garvey L-0,96 Member, Sue Berfseld Member, J.B. Johnson Member, Fred Thomas Member, Bill Justice MEMORANDUM YJ TO: The City Commission ,// FRO • Betty D M. eptula, City Manager/14) SUBJECT: PACT, Inc:: DATE: October 4, 1995 1 ? A), COPIES TO, COMMISSION OCT 0 4 1995 PRESS CLERK ATTORNEY Attached for your information is additional materials requested by the City Commission on the Performing Arts Center and Theatre, Inc. The attachments are: 1. Staff analysis on the contingent loan guarantee; 2. Staff's summary of the PACT Parking lease; 3. Guaranty Agreement; 4. Property Agreement; ` 5. PACT's Great Room community rental clients and rate schedule; and b. PACT's Great Room non-commercial rentals for the last three calendar years and rate schedule. If you need further information, please do not hesitate to call. attachments i- 1 Cov,?R? LU W Z ? tlj d q Z J F- 4P < O m L) L) U- a Z o - w z U Z a U 0 o a 0 0 0 0 0 0 0 ° o 0 o 0 C) 0 © o C) ?n c? cD o0 O Liz ?1' N N -?- N Cl 0 0 0 0 o w < 0 N z z 0 p U Cl) ?. Lli W z Ir Q Q w F U d w W Q w z W 0 J Z o U ?C CO CO z Q LO Lo O U z CL Q U) I- F- I-- z W ti-- cD ,--* J d CC Co co rn U W ?-- cC o 0 0 0 z Lam' v ro j m c ?o c ? ro ?tz-- c3 0 C z cukRANTY AGREEMENT THIS GUARAN'T'Y hGRZZMQT, dated as cf the / day of 1921, is by and between the City cf'Zlearwawer, riorica, a municipal corporation duly organized and existing nde, t:;e laws of the State Q Florida (herein called "City") PACT, inc., a corporation not-for-profit orcini_ed and existing under t,?ef lawn of the slate of Florida (herein called "?ACT") and •'d trVie(L(EjE avtd , as lender and holder o, the Mortgace notes under the documents aescribed in tie Commitment Letter attached hereto as Zxhihit A (the "Financing Documents") (the "Lender"). W I T N S S E T H S'+ EMS, arransemen:s have been made for the issuance and sale, Pu=slant r0 the aforesaid Financing Documents, by ?ACT, of Mortgage Nore,s in the acgrecate principal amount of no excee inc S5,500,440 (herei^ called the *Notes"); and W C=ZAS, the proceeds of the sale cf the notes will we used to pay par= of the cost c_ constructing upon land owned by ?ACT a perform_.-:c arts `acil i ty (the "Proiect") hick will be mace ayai atle to community groups from time to time ty the City Ender a FacSity Use Agreement (herein celled the " se Acreement") as.a part of the City's public recreation pr=gram r ; and WHEREAS, the City will have a residual beneficial interest the :er;cr=Qq arms `ac_lity pursuant to .::e "inancins Documents; and WHEREAS. the City desires that FACT issue and sell he Nc tes and are ly+ he proceeds Or toe purpose described above and, _a order provide an inducement FACT to issue and sell the '.vic=es and an _ndccemen to the u=c are c! _he Nctes Q all oc: QW ar any time becc e Olce..s r erecf the City is will. r•, enter Stc znis Guaranty Agreement; NC;;, ' rERE GRS, in ccns_derzt_cn cc the ;=e=ises anti ct: er gocd and valuably c :ns_der at_c , the City; AC'= a d the render c he=e _ covenant, and agree _ zn each czhe: ' as _c1laus : 1 1 1 S AR'::G LE i RZ?RESZNTA7:DNS OF THE QTY Section 1.1 we city hereby represents and warrants that it is a mQnicipal ccrxrztion duly crcanizec and existing under the laws of the State of Florida, has full power and autbority to enter into and perform this Guaranty AGree^enz and has duly authorized this Guaranty A;reement by proper oVicial action. ARTICLE 1.1 COVINAWS AND AGREEMENTS Section 2.1 Subject to the provisions hereof, the City hereby uncond_ i.cna_ly and irrevocably guarantees to the Lender (a) the fell and p cmpt payment of the principal of and creditor, if any, on each Note when and as the same shall become cue, whether at the stated futurity thereof A! by acceleration, call Or redemption or otherwise, and f b) the " and prompt payment of interest on each Note when and as the same shah become due. The City further agrees, in the event ci any failure c PACT to make such payments when due, to :take such payments to the Lender Irc- •: ided however, the the max:....um smou. which he City shall be c4liSated to pay at any time and from time to time he=ecncer shah never exceed the sum c= (a) One Million Dollars (51,000,000) (`':e "Frinc_:al Crmabr.en,.") and (b) the ..oral interest payments which wCold rave been cue by the City if t had borrowed One Million Dc ? ars ($1,000,000) on the date c; i ssQe of the Notes at an iozerest =ate equal to the Actuarial :merest Rake ( here inaf der Wined) cm the Notes, and had repai : such !can on the dates and in the anoun is of tie ac wal payments made tz the Tender hereunder, appl yinc the hypothetical ref ents fi=st accrued interest and men to ; rincipal (the n "`rest Ccm;onenz"). We Actuarial _nzerest P,zte shall be the _elc c.- t:1@ Notes computed in acccrdance with proposed U. S. Treasury Resulazicn sec w_cn _.:z= as ;r posed on Oannar _Y 157E. .f , after the City s::&I have mace any :payments to toe Lender herecnder, _ACT sn aLl zeszcre al c= any ;arm ci such G..iCanz r? e City pu=s .an one use Agree=enz, the acc nor cf such resz __r_cr. snail ref ws _::e mxL..t:m amcunz due nerenn: e= _ an /equal dKI a aC?..n r . A': ;a ym E.. zs by We City under this GQa=an ,;Creemenr she= be ode in lawful money the Unized States Sect_cr. 2.2 We Cry Cat_zn5 C! the 1_ be:eunder are ra ;•e__ e sc s, frc .: funds derived =Y tie City Kcm so u =es .. r,,e .. nan ad walc=em r xat:cn 2 lag a a_r_0e suan purpcse i 5 li E -I- which are on deposit from time to time in the general fund of the city (hereinafter called "Non-Ad Va:orem Funds"). The City hereby reserves the right to hereafter from time to time pledge ? and encumber by lien all or any part of such funds for the r ? payment of obligations of the City, prior and superior to its agreement to ray under this agreement. The oal ication of the City hereunder does not constitute a general indebtedness of the City or a pledge of the City's full faith or credit within the meaning of any constitutional or statutory provision or limitation. T:e ad valorem taxing power of the City is not pledged hereunder and neither the Lender, PACT, shall ever have i the right to compel the exercise cf the ad valorem taxing power 4 4ty C for perC performance oL _ the City's I o,,Y the C` obligations hereunder. Section 2.3 Pursuant to due notice from the Lender, the city will set up and appropriate in the annual budget of the city Or expenditure in each of the years durinS which the Notes will be oats tar.d ing and unpaid, from the Non-Ad Valorem Funds cf the City, sufficient amounts V such Non-Ad Valorem Funds of the City to ;take the payments guaranteed hecewnde=. Such covenant and agreement on the oa:t M the City to budget and a:propriate such amounts c,• Non--Ad valorem Funds sba_l be cu: u ative, and shall continue hziy such Ncn?-Ad Valorem funds amounts suMicient to make all required shall have been budgeted, payments appropriated and actually paid to the Lender. Section 2.Q The City covenants and agrees to a an action and pursue all such legal remedies which may 'be avai i able to i ;.o ' en sure he sufficient Mori--rd Valorem Funds wi_2 be available co :s_fi?l he City's agreements hereunder. Sect; cn 2.5 The cbl i g aticn cf the City under his Agreement shall be absolute and unconditional and shall remain in Oll force and erred, L:,nzil all Notes are on longer a star.c_ny Except as so ~:cv_ded, such obligation stall ratlbe affectedI modified cr impaired upon the happening K=m me to zime c any event, including wichol.i.. K..tatiCi: any C! the following, i:ne+.:er nct such event. cu= with . 5:.?_ DC ^.C tice ...., C. the consent M, We city: i a) the waiver, surrender, comp cmise, settlement, discharge, releasec rer-rna_..cn Q any cr all of he cKigatw1.as, _=yenants or agreements c! PAC= ccnzained in the Ftnanaing -:.e.1z5C= the Ncte5; Q1 _ne failure to give n rice he City c_ the ;ccr_r6nce __ a defac _ under his Guaranty Agwarenr or an event t ?. c_ default ..de the terms and =visions c! zne Financing We rmen , (OY4II)V ( c) ::':e tr, ansrer , assignment or mor; q, 03 or the pur- ported tr, ans!e r, ass i _ mment or mor t y ag ing of all or any part c! toe interest c` PACT or the City in the Project or any °aiwure of title with respect to PACT's or the City,s interest in the Prc,- Dect; (d) the waiver, surrender, cam romise, settlement, release or termination of PACT's ob?ications, covenants or agreements contained in the Use ASreement; ! (e) the waiver, surrender, compromise, settlement, release or termination of any of the obligations, covenants or agreements of the City under the Use Agreement; (f) the extension of the time W payment of any prin- cipal of, premium, if any, or interest owing or payatle on any Note or of the time Or performance of any abligaticn, covenant or agreement under or arising out of the Use Acreement or the Financing r ocamenzs or any extension cr renewal o! either hereof; (5) the modification cr amendment (whether material cr o ie=wise) of any cbl i5aticn, czvenanr or agreement set Wry:] in the Use Acreement, he Notes or toe Financing Documents; (: he taking or zhe omission of any action referred to in the Use A reenenm cr the ,inancipq Tocumen:.s or of any awien under his Guaranty Agreement; ( i) any failure, omission, delay or lack o diligence on the oa=t W PACT or the Lender in the enOrcemenn, asserc_o- or exercise of an right, power or Lender conferred or, :-ACT or the Lender under the Use Agwament. or the Financing Documents. c= conferred cn Ma Lender in is Guaranty Acreemenr, or the i abr. I i ty of PACT o :.: a Lender to enforce any provision cf the Use Agreement or he Financing Documents this Guwanzy =gree;,ent Or any other reason, cr any over act or omission Cn the ;art cf: ACT, cc We Lander. or su.as BnZI&II a assets, t e =ar s _ = assets and liawlsties, the benefit M a p r hank=upwy, =enz, a Us me: r cam;cziticn 4r other affecting PACT cr the C_ under Its . nscivency assignment fc: arrange- s_=Ma proceedings Use Agree=enz :=e _ _nar.cin_ xc_ments _= an c_ z he assets either ct tnem, Agreement t. a _se r.yreemen r j -4- (k) to the extent per.aitted by law, a_nv evert or action t.4 would, in the absence c! ".is clause, result In the release ar discharge by operation of law of the City !rom the pe:!ornnance or. observance c^ any o;liga_ion, covenant cr. agreement ccntained ::, this Guaranty :,creement. Section 2.6 . e Cw .v waives not;ce of the issuance cf ::le Noes and notice `.roan the Lender acceptance a.n4 rel;ance on this Guaranty Agreement. The City also ?:aives presentment, demand for payment, protest and notice of non-payment or dishonor and all other notices and demands whatsoever relating to the Notes. Section 2.7 No set-•flf_, counterclaim, reduction or diminution c! an obligation, or any defense cF er,y k;nd or nature (other than per!ormance by the City of its oblications hereunder) which PACT may have or assert, or wr;.Gh the c4 ty fey have or asset= acainst PAC} or the Lender shall be available he.evnder to the City aca_nst t::e Lender. Section 2.8 Whenever the Lender shall declare an ever,;. oa de,zult u^.cer the r?nanc:rid Lociznents, the fencer s`'a?_ dive nc ..`ce to he C_ .v of any anticipated ce __c..e:.cy In paYmen ..s Of and C:efiiti:, LF any, and inte_est on the motes, such notGe to be riven not later? han _.-irty day _Cr;C: to tae due dae here-under, and the C:. tv acrees to _•.:1=_' 1 _cs cbl ? ca? ._ens z ice, tt_s rs_ .._cle w__a .esoee, to suer, cew_e:.encv ?L. pay;i,er.t of the s,--a reeu?=ec :hen cue. Sec _-cn 2.9 z ACT agrees :a all cf the C:.'. e-an is and ac.eements :rage by it in the Financ.nc Locuments :c_ tie aene!it Cs ::se holders of the Notes shall also be '.nc:.r7ora.e6 '-,ere-,n ty r__erence and are made for -the Celle=:t cf the C-tv, and ,.::E C.'• shall have the riCht = e.^.=o_ce such cnvena n s and acreements in the sale .:•aziner as ,-nde_ may so en!cree -_'-em under t:2e ==nancInc Doc?..me^ts. Seweve=, ac %de=au? v =rCT hereunder s" F_ _ be ava_lz=3e to the C--'-:v as a set-c-4_, GCL=.Le«cla_: recu-tic.- cr c`.:.i..u:._Cn C= ^.e Ci:_v's cblicat:ons _„ the Winder ere u.cer, Cr ava_-- as a defense cf any kcinC Cr nature tw t:-e C? rv aaa: nn t e ,ander. Se w__.... 2.10 whenever ° C snaI- ._'oa :..cCe an.y s4.a:.. ?'`=..e suc«C-^ -ated to _ ne .. _ .ts ..= a =Izer c:: :,ne :.aces ?... er ..::e _ ^anci. - Dac=en s z.. _he ex ten v _ s::G . ::a,, ,,en s 0 a-c _=ACT ac'zee s .... ze r o . cr w an_4 cazz CL;t, C the gene=:. .^.. .e C. all :.? _ is CG= ca- ._C :s and ....tPS tC _e..Ckr ...G°r --'-e F-i-anc;nc ?' :4s Ct _: c c _e5 .wr=c a. :)U eC .:. Z... :C ....e ,_nde« (0 i . ARTICLE M i DEFAULT AND REMEMS Section 3.1 he Lender shall have the right, power and authority,to do all things it deems necessary or advisable to enforce the provisions of this Guaranty Agreement and protect the interest of the and, in the event of a default in payment of the principal W or premium, if any, on any Note when and as the same sham become cue, whether at the stated maturity thereof, by acceleration, call for redemption or otherwise, or in the event of a default the payment of any interest on any Note when and as the same shall become due, the Lender may institute cr appear in such Aprcprfate judicial proceedings as he Lender shall deem most effelzual to protect and enforce any V its rights whether for he specific en!crcement M any covenant or agreement in this Guaranty Agreement cr in aid of the exercise of any power granted herein, or to enOrce any other proper remedy. Without limiting the generality cf the foregoing, in the evert of a default in payment of the principal V, . premium, any, or interest cn any Note when due, the Lender may institute a judicial =roceedinq the c0lec On cr the 5'1+ms so due and unpaid, and may prosecute such proceed:. nS to jud_:nent cr final decree, and may enforce the same against the City. Section .2 No remedy c;,r.ferred upcn er reservee to the Lender herein is intended to be exclusive c_ any ether avallabi_ remedy or remedies, .tut each and every such remedy shall be cumu- lative and shall be _:! add i ..icn to aver' ctn er remedy given under this Guaranty Agreement or now cr hew ed_ter existing an law c: in equity. - Sec w:.on 3.2 _ach and every event K default tinier the Financing Wcume^ ns shall give rise to a separate cacse V aczion hereunder, and separate suits may he ._rcuSht hereunder as each cause cf ac z_cn arises. he event of such a default, the :ender shat have the right to yroceec ____t and directly acainsc the City under this Guaranty Agreement _ pout pr :cep ' against any cuter «erscn c_ °_x a;;sming any :.tier remedies which it may have and _ ..ham reser __nq to r any czher secur_ y ie:i PAW Cr e Lender . i Sec icn 2.4 he City ac_ees = tar all c s.s, expenses ? Z.^.:. •`..°es, i..c4..::.i::: all _E'25.:E.2ml°_ ?-.y..crneysl Wes, •0c.': may we ? incurred t the Lender in anO c_rv Cr attempting enfcrze this Guaranty w . _ .-C-e??.vnr cr .-rc .-rGcr...C the rights V. We ...,?::..e_, ..? ? any, hereunder r,.__cwi _ any HOW= cc he ;a:= c. ne M w .e: eunder, wTe :n er the same shall me en rced - swi t cr ..r..__• _se __._cec :..•_ ..ender is me _r_•:aili par my. • Section 3. 5 No delay or omission to exercise any right or pow@r accruing upon any default, omission cr failure of ?e:-^ :ormance hereunder sha?? impair any such right or power or shall be construed to be a waiver thereo!, but any such right or paver may be exercised from time to time and as often as may be deemed expedient. ARTICLE =V GENERAL Section 4.1 The obligations o! the City under this Guaranty Agreement shah arise absolutely and unconditionally upon the issue, sale and delivery o` :.her Notes or any installment ? thereod. This Guaranty Agreement is executed subsequent to the execition of the Use Agreement and is separate and independent c_ the Use Agreement. Any modification, limitation or discharge V the City's 1 _a0l i ty under the Use Aq r eemen t arising out of or by virtue of any bankruptcy, arrangement, reor;an0ation or similar proceeding shall not modify, limit, discharge or otherwise affect the liatil ity o! the City under this Guaranty Qreement in any manner whatsoever. Section 4.2 Aw.? :coneys reccvered by the Lender pur- suant to this Guaranty Agreement (other than those provided for in Section .4 herecr) shat be xp.lied solely to the payment of the principal K, premium, H any, and merest cn, the Notes in accordance with the. vanc_ng Documents. This Guaranty Agr eemen= is entered _ntc by the City for the benefit of the Lender may be en!orced by or crr ender only by the Lender in accordance w=c.1 the provisions C r this Guaranty Aq e 6 me n t. This Guaranty Agreement shall not be deemed to weave any _ Sht in, or to be in whole or in pa=t for the benefit ad any person other than, e , Lender, the City, .:C?, .., 2,.^,d t:7e== Per-_tt8w S::CCE55c:5 and assigns. secti_cn 4.3 Tnis Guaranty Agreement (a) constitutes one- entire acreemer _, and supersedes all rricr ac: eemen:z and understandings, lct written and crai, amcnc one :armies w; .. respect to the suv Act :utter :e_ ec $ ; (b) -a_= be executed j.- several .? ..ter wa' .5 , each Cr which shall :e deemed an c _ nal , hum all of rich t : et ner shall c.:.nsV:... instrument; (a) may ce modified cn y by an instrument in writing signed cy the duly au=hcr dew replesen _ __ves ct he par ,.:.es anti only if the madHicaticn made =or he same _ uses and W. 2ccrd C Fnc ..E with the ? same r° ...irefAE,.t5 as a^.. _y Or the entering in := cd amendener..s t= he Financing "cameras and (c? sn=_: ce governed in res;ects, including validity, OnmerFreta;:cn and effect, y, any. E ail se enfnraeahle in a.-rcrrdance wiza, We laws -7- CO VC/O of the State of Florida. If any provision of this Guaranty Agr e=ment shall be held to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect any of the remaining provisions. Witbout in any way limiting the gtnerality of the next preceding sentence, in the event that that portion hereof which requires the City to make any payments designated herein as an "Interest Component" (as defined in Section 2. 1 hereof) is declared by a court of competent jurisdiction to be invalid or unenforceable, then., in such event; the invalidity or unenforceability thereof shall not affect any of the remaining provisions hereof, including, without limitation, the obligation of the City to make any payments designated herein as the "Principal Component" (as defined in Section 2. 1 hereof'), IN WITNESS ArHERE:O-, the patties hereto'have caused t+bis Guaranty Agreement to be executed in their names and behalf and their corporate seals to be affixed hereto and attested by their duly authorized officers, as of the date first above w: itten. Co igned: 4 ecxo?, 'Mayor-Corr..x:issioner CITY F CL r' RWA 1..0_ A sy City ly?a:sager Attest: L City Clerk PACT, INC. D ! esidoe'n: __Nest. Lz- (co=n0rate Sea!) -s- Approved as to iornn 8: I Accepted da%0 of j (Le n a e r ) (SEAL) Y 5 1 SSW Y r DATE: October 2, 1995 CITY OF CLEARWATER Interdepartmental Correspondence TO: Margaret Simmons, Finance Director FROM: Jay Ravins, Finance Controller j COPIES: ''{{ SUBJECT: PACT Parking lease The following is a summary of some of the key provisions from the PACT parking lease. ? The City operates and maintains the parking lots and has granted PACT an easement for parking in the lots. ? PACT reimburses-the City for debt service on the PACT Series 1983 parking revenue bonds plus the costs of operating and maintaining the parking lots. ? The "costs of operating and maintaining the parking lots" can be adjusted on an annual basis by the City to more accurately reflect actual costs. ? Term of the agreement is 10/1193 thru 9/30/98. Per a memo from Tracey Bruch dated 10/25/94, the monthly lease payment for fiscal 94/95 was $11,141.63 consisting of $9,516.63 debt service and $1,625.00 operating costs. ? City may, at its sole option, deduct PACT's lease payment from any amounts due PACT from the City. ? If this agreement is found to conflict with any parking system bond ordinance, the bond ordinance shall prevail. A copy of the agreement is attached. If you have any questions or need additional information, please let me know. 1 i DEIST SERVICE REMITIMSENE- N '__ AGREEME . THIS AGREEMENT, dated this , day of A.D., 1993, between the CITY OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter called "City", and PACT, Inc., a Florida not--for-profit corporation, hereinafter called "PACT": `1JITNESSETII: "WHEREAS, the City owns certain real estate adjacent to the Performing'Arts Center and Theater of PACT within the Richard B. Baumgardner Center for the Performing Arts, more fully described herein; and WHEREAS, the City has granted to PACT an easement for ingress and egress over the land described on Exhibit A, attached hereto, and an easement for parking over the land described on Exhibit B, attached hereto; and WHEREAS. the City has cosst-rucied an entT-v road and parking lot on said land, the cost of hich has been financed by the issuance of its Pail: nR Revenue Bonds, Series 1993, in the face amount of 5950,000: and NN." E REAS. PACT has agreed to reimburse the Citl= a sum equal to the original debt service agreement on slid bonds. together with the costs of o?erasion Cif that parking lot, so that k becomes self-supporting tinartcially: NOW, THEREFORE, in consideration of the mutual promises herein contained and of the prior actions taken in reliance on the parties prior agreements which are now reduced to writing, the parties hereto agree as follows: 1. The City shall operate and maintain as part of its parking system parking lots located on the land described on Exhibit B, such operation and maintenance to conform with standards utilized on other lots and as required by parking bond ordinances presently in effect. 2. PACT shall pay the City on or before the tenth day of each month during the term of this agreement, the sum of $11,079.30. This amount is composed of one twelfth of the annual debt service, as per the original debt service agreement and one twelfth of the annual operating costs of the City, currently estimated to be 51,561.67 per month. Both parties agree that prior to October I st of each year, the operating costs portion of the payment set forth herein shall be subject to reexamination by the City to determine whether it is calculated in a manner consistent throug ZIP hout the parking system. The City reserves the right as a part of such reexamination to change or adjust such portion of the payment following each annual reexamination, provided, however, that the fee shall not exceed the amount necessary to raise funds sufficient to service the parking bonds and to par for the maintenance required of the City hereunder. Any applicable sales taxes shall be paid by PACT. 3. In lieu of the payments required by the foregoing paragraph. the Cite mav, at its sole option, deduct arty payment due hereunder from any payments due PACT by the City. I. term tem of this Parking Use Agreement shall be for sixn months commencin4 on the 1st dzy of October. 1993. and ending on the 30,h day of September. 1998. 2 CP_ 1 M ; M 5. As one of its operating expenses, PACT shall maintain the grounds, plant material and landscaping located at the entranceway, around and within the parking areas and adjoining the Performing Arts Theater building. 6. The City shall pay the cost of electricity associated with the parking lots and entranceway, maintenance of striping and sweeping of parking lot, such costs to be included as part of the parking system expenses. 7. This agreement shall not be interpreted or applied so as to create any conflict with any bond ordinance presently applicable to the parking system. Should it be found that a conflict does exist, then the provisions of the bond ordinance shall control. 8. Notice relating to any provisions of this agreement shall be sent to: CITY: City Manager, City of Clearwater P.O. Box 4748 Clearwater, Florida 3:615-4748 PACT: Executive Director, PACT, Inc. 1111 McMullen Booth Road Clearwater, Florida ,4619 9. Should PACT default in the performance of the payment obligation and maintenance function set forth herein, then the Cite shall have the right to require PAC'T' to past a bond to cover future performance. 10. This agreement constitutes the entire agreement between the pay-Lies and shall be Governed by the laws of Florida. t i IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day and year first above written. Cou Ks' d: CI OF CLEA 1VATER, FLORIDA By: Rita Garvey, ayor-Commi over h ichael J. Wri ht, ity Manager Approved as to form and correctness: Attest: . M. A. Galbraith, Jr , Ci'? Atlorney CynQiia ,E, Goudeau, City Clem i PACT, INC. E WIT ?SS By: Elissa Getto,x$?oskd=v Executive Director t & CEO ` Attest: - r() R t s-1 As to Pact, Inc. - ?= Secrebily f A Y vk? That certain piece, parcel, or tract of land lying in 'and being part of the North 1h of Section 9, Township 29 South, Range 16 East, Pinellas County, Florida, being set aside for use as a permanent ingress and egress easement, with access roads being constructed within the boundaries thereof as described as follows: From the center of said Section 9, N 00° 07' 43" E, and along the North-South centerline of said Section, a distance of 54.0 feet for a P.O.B., thence N 89° 21' 08" W, and parallel with the Fast-West centerline of said Section, a distance of 374.4 feet; thence N 00° 07' -113" E, and parallel with the Nonh-South centerline of said Section, a distance of 556.57 feet; thence N 89° 18' 31" W, a distance of 911.28 feet to the West right-of-way of State Road No. 593 and/or McMullen-Booth Road, a 100 foot right-of-way, as now established; thence N 00° 07' 00" E, and along said right-of-way, a distance of 60.0 feet to the Southwest corner of Kapok Manor Condominium Villane One, as recorded in Condominium Plat Book 22, pages :8 through 51 inclusive, Public'Records of Pinellas County, Florida; thence S 89° 18' 31" E, a distance of 1586.49 feet; thence S 00° 07' 43" W, and parallel with the North-South centerline of said Section 9, a distance of 616.06 feet; thence N 89° 21' 08" W, and parallel with the East-West centerline of said Section, a distance of 300.8 feet to the P.O.B. s I :¦ EMB1T A A parcel of land lying in the south 'h of the North 1/2 of Section 9, Township 29 South, Range # 16 East, Clearwater, Pinellas County, Florida, and being more particularly described as follows: BEGIN at the center of said Section 9; thence N 89° 21' 08" NAI, along the East-N?`est centerline of said Section, also being the North boundary of DEL ORO ESTATES, as recorded in Plat Book 46, Page 29, of the Public Records of Pinellas County, Florida, for 695.52 feet to a point lying 640.00 feet East of the centerline of McMULLEN-BOOTH ROAD (STATE ROAD 593); thence N 0° 07' 00" E 640.00' from and parallel with the centerline of said road, for 610.82 feet to a point lying 64.00 feet South of the southerly boundary of KAPOK MANOR CONDOMINIUM VILLAGE ONE, as recorded in Plat Boot: 22, pages 48 through 51 of the Public Records of Pinellas County, Florida; thence S 89° 18' 31" E, 60.00 feet from and parallel with said South boundary for 321.25 feet; thence S 0° 07' 43" W, for 556.57 feet; thence S 89° 21' 08 E, for 374.40 feet, to a point on the North-South centerline of said Section 9; thence continue S 89° 21' 08" E, for 300.80 feet; thence N 0° 07' 43" E, for 616.06 feet; thence N 89° 18' 31" W, for 300.80 feet to the North-South centerline of said Section; thence N 0° 07' 43" E along said North-South centerline for 550.00 feet; thence S 89° 17' 05" E and parallel with the North boundary of said South half of the North half of said Section, for 2,00.00 feet; thence N 0° 07' 43" E, for 50.00 feet; thence S 89° 17' 05" E, for 17.02 feet; thence S 0° 07' 43" W alon] a line 307.00' easterly from and parallel to the North-South centerline of said Section, for 1269.94 feet to a point on the Fast-West centerline of said Section, also being the North boundary of DEL ORO GROVES, as recorded in Plat Book 12, Page 2, of the Public Records of Pinellas County, Florida; thence N 89° 21' 08" NN' along said centerline for 307.02 feet to the POINT OF BEGINTNTING. and contains 9.33 acres, more or less. EXHIBIT B CAW CLEAT- CEni.Ui_1 COURT MAY n 03 AK V This w ob a LM co sE5 y r' co rr M. 7xCO? ,w 52 e,L)OC >, in :a t: C; 4Un;5 L." L 1 82075108 PROPERTY AGREEMENT O.R. 535Cnu1376 Property Agreement, made and executed as of this 22nd day of December, 1981, by and among the City of Clearwater, Florida ("City"), a municipal corporation, PACT, Inc. ("Pact"), a Florida corporation not-for-profit, and Clearwater Federal Savings and Loan Association ("Clearwater Federal"), WITNESSETH: WHEREAS, PACT has been organized for the sole purpose of acquiring, constructing, operating and maintaining a performing arts facility in the City; and WHEREAS, PACT, on behalf of the City, has issued its Note to Clearwater Federal, dated June 1, 1981, in the principal amount of $5,500,000, for the purpose of financing a portion of the cost of such facility; and WHEREAS, the City has adopted Ordinance No. 2382-81 on May 29, 1981, for the purpose of approving PACT, its purpose and its function, and the issuance by PACT of the Note, and has agreed to accept title to the real and personal property constituting the facilities of PACT upon payment in full of the Note; NOW, THEREFORE In consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. Upon payment in full of the principal of and interest on the Note, FACT agrees to convey to the City, and the City agrees to accept, fee simple title to the real property described on Exhibit A attached hereto, and all improvements and personal property located thereon (the "Project"). The City shall have the right to obtain such title either at maturity of the Note or upon payment by the City to Clearwater Federal of such sum as will be sufficient to pay as of the date of payment of the principal of the Note and all interest accrued on the Note to the date of payment. '. Rec ep'-.7 n,, ?qs i'Int -Tot ??.OO?w a to? ?'1?? M...... . ., o.R.5350pnEi377 2. Upon payment in full of the principal of and interest on the Note as described in paragraph 1, Clearwater Federal agrees to deliver to PACT in recordable form a satisfaction of the mortgage held by it upon the Project. Upon delivery of such satisfaction, all right, title and interest in and to the Project shall become vested in the City, and PACT shall execute and deliver to the City in recordable form a warranty deed evidencing such conveyance. Until such delivery to the City of such deed, however, all right, title and interest in and to the Project (subject to the lien of the mortgage held by Clearwater Federal) shall remain vested in PACT. 3. Delivery of any instruments or notices pursuant hereto shall be sufficiently given when delivered or mailed by registered or certified mail, postage prepaid, to the mailing addresses of the parties as follows: (a) City of Clearwater P. 0. Box 4748 Clearwater, Florida 33513 (b) PA CT, Inc. P. O. Box 1574 Clearwater, Florida 33517 (c) Clearwater Federal Savings and Loan Association P.O. Box 4608 Clearwater, Florida 33518 IN WITNESS WHEREOF, each of the parties has caused this Property Agreement to be executed in its name by its duly authorized officers, and its corporate seal to be impressed hereon and attested by its duly authorized officer, all as of the date and vear first above written. 913-724-59% PACT INC. .., WAt NX RICHARD B. BAtJMGARDNER CENTER ? a R T H I P r n? a A N I N a A A t s 157 P01 FACST.MH,E TRANSMSION CO'V'ER SHEET To: is Date: 101 ?5 10 - FAY Number: _- -4{a z - D F)rom:. 'SlI'l v m 'Sl? t n h eh-- Re: ?Q 1M S11 U,111 `t'it ?- -- L Number of pages (including cover sheet): )., t s tot If you have any difficulty receiving this transmission, please call Lois M er at (813) 79I-7060. Thank you. This message is intended only for the use of addressee and tttay ocaudn kdorms6on that is privikged and conlidmdal. if you are not the in=ded recipieru, you are harcby nodfied that any dim dination of Oils couemunicatlon is strictly protu'bited. If you leave received this comareuWmtion in =or, please notify us immediately by telephone. PACT, INC. I I11 McMullen Bootle Road • Clearwater, Florida 34519 a Telephone (813) 791.7 060 • Fax (813) 791-6020 = 03 '95 17334 ,1 COVA) 813-72459% PFiCT INC. 157 P02 OCT 03 195 17:34 {{FF ti w I i RICHARD B. BAUMGARDNER CENTER f 0 R T N R P E R F 0 A M I M G A H T Z HA I:N STAGE sQMN3= BBIUAL CLMM 1992-1223 SEASON The Florida Orchestra - 31 dates Pinellas Youth Symphony - 1 date Pinellas Pride Awards - x date Clearwater Community Chorus - 2 dates Largo Parks & Recreation Department - "Tutterow's Dancers" - 4 dates Musical Theatre Project of Tampa -1 date Clearwater Parks & Recreation Department - "City Players" - 8 dates Eastlake High. School Graduation - 1 date Dunedin High School Graduation - 1 date TOTAL CON[M MY RENTAL DATES = 50 1994 SEASON 19,93- The Florida Orchestra - 31 dates Piaellas Youth Symphony - I date Pinellas Pride Awards - Y date Clearwater Community Chorus - 1 date Largo Parks do Recreation Department - "Tutterow's Dancers" - 4 dates Clearwater Parks & Recreation Department - "City Players" - 8 dates Eastlake High School Graduation - 1 date Dunedin High School Graduation - 1 date TOTAL COMMUNITY RENTAL DATES = 48 1994-1995 SEASON The Florida Orchestra - 28 dates Pinellas Youth Symphony - I date Pinellas Pride Awards - I date Clearwater Community Chorus - 1 date Largo Parlcs & Recreation Department - "Tutterow's Dancers" - 4 dates Clearwater Parks & Recreation Department - "City Players" - 8 dates Eastlake High School Graduation - 1 date Dunedin High School Graduation - I date Junior League of Clearwater/Dunedin - 4 dates Gayfers Department Store Fashion Show - Trade (No rents! charge in exchange for ticket proceeds to go to PACT Institute. Out-of-pocket expenses incurred were payed by Gayfers) TOTAL COMMUNITY RENTAL DATES = 50 ii 4 a I it ,. E 913-724-ST& PACT INC. 157 PM OcT 03 195 17:34 s x,9954996 SEASON (Anticiul dl The Florida Orchestra - 34 dates Pinellas Youth Symphony -1 date Pinellas Pride Awards - 1 date Clearwater Community Chorus - I elate Lama Parks & Recreation Depan meat - "T uttero`v's Dancers" - 4; dates Clearwater Parks & Recreation Department - „City Players" - 8 dates Eastlake High School Graduation -1 date Dunedin Righ School Graduation - 1 date Junior League of Clearwater/Dunedin - 3 slates "Festival of Champians " Band Competition - 1 date TOTAL CONO UNIT]t' RENTAL DATES = 51 The dollar amount of savings between our highest conunercial rate and the community rate is approximately a 50% difference. Attached are our current commercial and community rates, effective March 1, 1995. a, 813724-5575 PACT INC. 157 P04 OCT 03 ' 95 17:35 COMMUNITY RENTAL RATES ? n-w?.! TIME PERIOD Baru - Noon Weekdays Sam - Noon Fri., Sat., Sun. fpm - 5pm weekdays Ipm - 5pm Fri., Sat., Sun. 6pm - I Ipm Weekdays 6pm - IIpm Fri., Sat., Sun. Sam - 11pm Weekdays Bain - 11pm Fri., Sat., Sun. RENTAL RATES INCLUDE: 1. Use of stage, sound system, gigging, lighting (as establisbed in the facility) 2. Standard janitorial service 3. Heat and air conditioning 4. Water as installed on premises 5. Front of House management services including House Manager 6. Ushers and ticket takers 7. Use of a grand or upright piano 8. Inclusion in calendar of events (subject to deadline) RENTAL FEE $ 275.00 vs 10% $ 350.00 vs 10% $ 425.00 vs 10% $ 600.00 vs 10% $ 550.00 vs 10% $ 750.00 vs 10% $1,000.00 vs 10% $1,200.00 vs 10% RENTAL RATES DO NOT INCLUDE: 1. Stagehands, spotkight operators, projectionists, electricians, etc. 2. Traffic police 3. Parking Guards 4. Insurance 5. Parking expense 6. Depreciation 7. Sales tax ADDITIONAL SERVICES AVAILABLE. 1. Fuli Box Office ticket service 2. Advertising and prornotion including target market mailings 3. Piano tuning 4. Special twhnical needs 5. Hospitality service 6. Ticket printing 813-724-59?6 PACT I NC. 15^ P05 DC7 03 195 17:35 Or el,*- - ME PERIOD Sam - Noon Weekdays Sarn - Noon Fri., Sat., Sun. lpm - 5pm Weekdays lpm - 5pm Fri., Sac., Sun. 6pm - I1pm Weekdays '6pm - 11 pm Fri., Sat., Sun. Sam - llpm Weekdays Sam - Ilpm Fri., Sat., Sun. RENTAL RATES INCLUDE: 1. Use of stage, sound system, rigging, lighting (as established in the facility) 2. Standard janitorial service 3. Heat and air conditioning . 4. Water as installed oa premises S. Finat of House management services including House Manager 6. Ushers and ticket takers 7. Use of a grand or upright piano 8. Inclasion in calendar of events (subject to deadline) In RENTAL FEE 5 675.00 vs 10% $ 750.00 vs 10% $ 825.00 vs 10% S 900.00 vs 10% $1,375.00 vs 10% 51,540.04 vs 10% $2,240.010 vs 10%Q $2,400.04 vs 10 %a RENTAL RATES DO NOT INCLUDE: 1. Stagehands, spotlight operators, projectionists, electricians, etc. 2. Traffic police 3. Parking Guards 4. Insurance S.. Parking expense 6. Depreciation 7. Sales sax ADDITIONAL SERVICES AVAILABLE: t i 1. Full Box Office ticket service 2. Advertising and promotion Including target market mailings 3. Piano tuning 4. Special technical needs 5. Hospitality service 6. 'T'icket printing COMMU14ITY RATES G MORNING - 3 Hour Block Monday - Friday . ...........................................................:................................$165.00 Saturday, Sunday ..........................................................................................$245.00 AFTERNOON .4 Hour Block Monday- Friday ...............................................:.............................................$210.00 Saturday, Sunday ...........................................................................................$385.[0 EVENING - 5 Hour Block Monday - Thursday .. ...................................................................................$330.00 Friday, Saturday, Sunday ..............................................................................$495.00 ALL DAY -12 Hour Block Monday - Thursday ........................................................................................ $465.00 Friday, Saturday, Sunday ...............................................................................$600.00 All rentals Include two hours prior to scheduled time for set up. State sales tax on rental and services will be added, If applicable. If an event use extends beyond the contracted time of the rental period, the Lessee will be charged $75.00 an hour for each additional hour, up to two hours, Beyond the two hours, a rate of one-half the full rate will be charged, RENTAL RATES WILL INCLUDE: • Room and Terrace • Hospitality Bar • Service Kitchen • Piano • Tablas-round (seating of 8) and rectangular • Chairs • Standard janitorial service - Heat, air conditioning, ate. • Water as Installed on premises - Use of stage • House Management Services • Microphone • Screen • Podium RENTAL. RATES WILL NOT INCLUDE: • Food/Catering • Cost of liquor, Bartenders • Service • Copyright Licenses • Advetlising/promotions (i.e., tickets, Invitsiions, printing) • Special technical, special staging, theatrical lighting, and hospltaElty requirements. • Piano tuning at current rate Insurance Security (required for events with children andfor young adults In attendance) 813-724-5976 PACT INC. 157 P06 OCT W ' 95 17.35 ' .t I B13-724-5976 PACT SNP., GREAT ROOM RENTALS w COMUNITY RATE 9/19/94 SAFETY HARBOR CHAMBER 6/12/94 UNITED WE STAND 4/21/94 YMCA BREAKFAST CLUB 30 COMMUNITY RENTALS PER YEAR 1995 7/13/95 CLSARWATER CHAMBER 2/16/95 CLEARWATER CHAMBER 4/27/95 CLEARWATER CHAMBER 1/4/95 HRS 5/23 HRS 4/4/95 JUNIOR COTILLION 5/5/95 JUNIOR LEAGUE 5/6/94 JUNIOR LEAGUE 2/17/95 JUVENILE WELFARE 5/19/95 JUVENILE WELFARE 5/31 LARGO HIGH SCHOOL CHORAL 3/15/95 FLORIDA ORCHESTRA 4/6/95 OWSLEY FOUNDATION 5/10/95 PINELLAS COUNTY SCHOOLS 1/23/95 PINELLAS COUNTY'EDUCATION FOUNDATION 9/18, 4/17, SAFETY HARBOR CHAMBER 6/1/,6/15 SONNY LAROSA CHILDRENS ORCHESTRA THROUGH WILLIAM CLARE ENTERTAINMENT COMP FOR TRADE 612/95 SKYCREST CHRISTIAN SCHOOL 8/26/95 TAMPA BAY OPERA 3/8/95 WOMEN IN TOURISM BREAKFAST CLUB 30 COMMUNITY DATES PER YEAR 11/14/95 GOLDA ME1R CENTER . 157 P07 OCT 03 ' 95 1'7t 36 ,k f . 1, 813-724-5976 PACT INC. . 157 POB XT 03 193 17:36 GREAT ROOM RENTALS - COMMUNITY RATE COMMUNITY EVENTS FOR 2993 3/5/93 ABILITIES, INC. 11/92-5/93 BREAKFAST CLUB 30 WEDNESDAYS 11/24/93 BRITISH ACADEMY 3/32/93 CHAMBER OF COMMERCE 3/2/93 CLEARWATER CHRISTIAN COLLEGE 4/23/93 OCKERD YOUTH ALTERNATIVE 5/20/93 FLORIDA ORCHESTRA 9/12/93 FLORIDA ORCHESTRA 4/29/93 GATHERING OF MEN 3/9/93 MASSAH 2/25/93 JEWISH FEDERATION 3/5/93 JUNIOR COTILLION 5/17/93 JUNIOR LEAGUE 5/7/93 JUVENILE WELFARE 5/12/93 JUVENILE WELFARE 9/24/93 JUVENILE WELFARE 5/28/93 LARGO HIGH SCHOOL 2/20/93 RONALD MCDONALD HOUSE 9/19/93'PINELLAS COUNTY ARTS COUNCIL 5/27, 9/26, 7/29, 9/23, SHEPHERDS HMT MINISTRIES 6/4/93 SKYCREST CHRISTIAN 5/24/93 YOUTH FOR CHRIST 9/9/93 SUNCOAST NEW NEIGHBORS 6/15/93 CLEARWATER CHAMBER 9/30/93 CYSTIC FIBROSIS 12/6/93 EAST LAKE HIGH SCHOOL 12/13/93 FLORIDA HEALTH CARE ASSOC. 11/14/93 GOLDA MEIR CENTER 3/5/93 GOLDA MEIR CENTER 10/10/93 UNITED CHURCH OF CHRIST 1994 12/5/94 GOLDA MEIR CENTER 10/30/94 UNITED CHURCH OF CHRIST 6/17/94 FLORIDA ORCHESTRA 5/26/94 LARGO HS CHORAL 6/3/94 SKYCREST CHRISTIAN 1/18/94 BOYSCOUTS OF AMERICA 9/18/94 CLEARWATER AQUATIC SWIM TEAM 5/18/94 FLORIDA ORCHESTRA 3/28/94 FORIDA ORCHESTRA 5/2/99 FLORIDA ORCHESTRA 3/1/94 HADASSAH 6/14/94 HRS 2/22/94 JEWISH FEDERATION 3/5/94 JUNIOR COTILLION 5/16/94 JUNIOR LEAGUE 2/18/94 JUVENILE WELFARE 4/22/94 JUVENILE WELFARE 9/23/94 JUVENILE WELFARE 5/27/94 LAKESIDE CHRISTIAN 5/15/94 SAFETY HARBOR CHAMBER 7/18/94 SAFETY HARBOR CHAMBER 465 P01 OCT Q4 '55 09%3e RICHARD B. BAUMGARDNER CENTER F 0 A I R ( PEAr4ItNt8a 01 rS<< FAX COVER TIUNSMISSI+ON SHEET Ta; Date; -Zo yzg:o.? Frorn: M rtl Y? Time: 101;1 RE Number of Pages Including Cover Sheep .- NOTES: FAX NUMBER (813) 791-6020 1' PACT, INC. 1 i i i McMullen Booth Road - Clearwater, Florida 34619 • Telephone (013) 791-7060 - Fax (813) 791-6020coVER) t 1 . 469 P02 OCT 04 195 09:39 C. To: Nancy Skinner Tuee, Oct 3, 1995 From: Linda Bennett Re: Non-Commercial Rentala for the last three (3) calendar years. Nancy, Our research indicates that the Margarete Heye Great Room has hosted 171 Non-Comm events is the last three years (including projections for the melt two months). BY and large, three dates were booked for Nodding Receptions under our old prices (please see attmchsid rare aheet, which became inactive ao of Sept 30th, 1995). 1993 NONCOMMRCIAL RENTALS: J= 20 1993 WORMAN WR MAY 29 93 TRANCHITELLA WR MAY 25 93 SUNCOAST LADIES TENNIS SEPT 4 93 STEINMAN SAT MITZVAH SEPT 25 93 STAMBAUGH WR JAN 16 93 SCHMIDT WR JAN 23 93 SCHAEFER WIZ AUG 14 93 SALIGA WR JUNE 12 93 RIEK WR NOV 27 93 POGG'ENDOAP WR APRIL 25 93 PATHWAYS TO WELLNESS JULY 17 93 MURPHY WR AUG 6 93 MILES WR JAN 21 93 MB SP$CIAL OCCASIONS MAY 22 93 PITCHON WR MAY 2 93 MALL SHOW PRODUCTIONS SEPT 18 93 MACIUSZEK WR MARCH 13 93, THE LINE FEB 13 93 KLEIN BAT MITZVAH MAY 8 93 KARP BAR MITZVAH JAN 2 93 JOYCE WR MAY 15 93 JONES WR APRIL 24 93 JEFFERSON WR k3AN 16 93 HAPPY HEARTS TOURS FEB 28 93 GREGORIC WR OCT 23 93 GOLD BAR MITZVAH FEB 20 93 GEIER WR FEB 6 93 ERGANG WR MARCH 12 93 PHYLLIS EIG ASSOC. AUG 28 93 EIDEN PARTY OCT 9 93 PLINNER WR JULY 3 9 3 FURS WR FEB 14 93 DOVE WR JUNE 26 93 DONEGAN WR JULY 31 93 CARAZOLA WR MAY 30 93 CAMPAGNA WR MAY 1 93 HUBAS WR ??}??it? ?,rr?w ..r.. . ?. u_ r?l?.rti?? r, .ter _.rw rr . •. ?.. L ; 469 P03 OCT 64 1 95 (?9 t 35 FEB 27 93 BLOOM BAR MITZVAH JULY 24 93 BIALAS PARTY APRIL 17 93 CIOCIOL% WR NOV 1 93 SLASKO CONCERT NOV 6 93 BORGES WR DEC 11 93 ESSILOR HOLIDAY PARTY OCT 9 93 FLINNER WA OCT 23 93 GOLD BAT MITZVAR NOV 20 93 IMAIIAN BAT MITZVAH OCT 15 93 INSTRUMENT TRANSPORMERS HOLIDAY PARTY OCT 15 93 ITALIAN AMERICAN CLUB NOV 12 93 JAPANESE AMERICAN SOCIETY NOV 13 93 GERIAKOS WR DRC 29 93 LIBBERMAN PARTY Or..T 16 93 MCMILLAN WR DEC 1S 93 MEASE RADIOLOGY HOLIDAY PARTY NOV 21 93 PENNING CHRISTENING OCT 2 93 PIAZZA WR DEC 10 93 ST MARK VILLAGE HOLIDAY PARTY DEC 12 93 SENIOR CITIZENS HOLIDAY PARTY JULY 1 93 TRAVELVENTURE LUNCHEON DEC 2 93 UPPER PINELLAS DENTAL HOLIDAY PARTY OCT 30 93 WEISS SAT MITZVAH JAN2 93 JOYCE WR JAN 23 93 SCHAEFER WR 2/26 93 GRBGOCIC WR 3/6 93 RIVERA WR 3/19/93 STACK WR 3/20/93 REED WR TOTAL 1993 .VON-COM EVMrrS: 66 1994 NON-COHX RFaITALS s JUNE 25 94 CLARK WR JUNE 4 94 DELTA SIGMA BETA MAR 12 94 DEMAS WA SEPT 3,94 JARRELL WR SEPT 1294 VANGO SEPT 16,94 HILEY WR SEPT 17,94 MARSIELO WR SEPT 2194 UPPER PINELLAS IND. AGENTS SEPT 23,94 PAUL WR SEPT 24,94ROBINSON WR OCT 194 SMITH WR OCT 8,94 HOUSE OF LLOYD OCT 894 CLARIZIO WR OCT 22,94 NESSENIA24S OCT 29,94 SANTA MARIA WR NOV 5,94 DIAMOND BM NOV 19,94 LANIER RR NOV 25,94 JACKSON WR NOV 94 HEILMA24 WR ?I 469 Fe4 OCT 04 ' 95 09i Q a DBC 2,94 amullfa E by Hum" MIRY furl DRC 3,94 ESSILOR HOLIDAY PARTY DEC 6,94 BOCA CIBGA BOAT CLUB HOLIDAY PARTY DEC 9194 ST MARKS VILLAGE HOLIDAY PARTY DEC 10,94 M&I HOLIDAY PARTY DEC11,94 SR CITIZENS CENTER HOLIDAY PARTY DEC 13,94 MERRILL LYNCH HOLIDAY PARTY DEC 14,94 REM HOLIDAY PARTY DEC 16, 94 ALPHA KAPPA HOLIDAY PARTY DBC 17,94 INSTRUMENT TRANSFORMERS HOLIDAY PARTY DEC 19,94 YOUNG WR DEC 30,94 ASSALONE WR JAN 14,94 DECKER POLIAKOPF MAY 21 94 CARDOZA WR JULY 3 94 CASALE WR JAN 1 94. CASTLES WR JUNE 2 94 GIBSON WR JUNE 16 94 ELLEANWOOD WR .TAN 15 94 ALESSI WR AM 6 94 EIBEN WR JULY 9 94 ERICKSON WR MAY 20 94 ERTSGAARD WR JULY 23 94 GREER WR MAR 19 94 GUILIFOILE WR TOTAL 3994 NON-CQM EVENT'S: 43 1993 NON-COIM RIMALS: JAN 7,95 WUKOSON WR JAN 15,95 ERETT WR JAN 20 95 BARRETT WR FEB 4 95 LAVENAER WR FEB 5,95 LACEY MEMORIAL FEB 11,95 STRIKOWSKY EM FEB 18,95 STEPHENSON WR FEB 25,95 WEDU MAR 11,95 CAPONITI WR MAR 18,95 SMITH WR MAR 24.95 r%SHER WR APRIL 1,95 THE LINE APRIL 21,95 MCNARY JUDICIAL IMSTIT[IRE APR 22,95 MARKETT WR APRIL 23,95 PAL WR MAY 6,95 BRYAN' WR MAY 13,95 HAND BM MAY 18,95 BLACK ACCOUNTANTS MAY 20.95 YIDI WR !MY 27,95 SKORUPA WR MAY 28,95 FSINGOLD BM JUNE 3,95 BRAGG wit JUNE 10,95 CASTRO WR SUNS 17,95 COMBRFORD WR 469 PW OCT 04 1 95 03, 40 JUKE 24, 95 WYATT WR JUNE 29,95 ROYAL PALM AID EVENT JULY 95 CEI,ENTANO WR 95 TRAVELVM?TURE 95 MILLEN WR X95 ZUKOWSKI WR 95 ESTOCK WR 95 WILL WR 95 REINHART WR AUGUST 5,95 BROWN WR AUG 12,95 ROBBINS WR AUG '2B, 9B MONTE CARLO NIGHT SEPT 2,95 DUBOIS WR SEPT 9,95 XMMRAVE WR SEPT 16,95 YUREKA WR SEPT 22,95 NOETIC SCIENCE SEPT 30,95 FiMAK WR OCT 6 95 INVESTITURE RECEPTION OCT 7 95 LATHROP WR OCT 21 95 SEVERANCE WR f OCT 28 95 HOSLEY WR NOV 3 95 SELBY WR 140V 4 95 SHAUGER WR NOV 5 95 UNITED CHURCH OF CHRIST NOV 11 95MESA WR NOV 13 95 CHAMBER CONCERT NOV is 95 DUBFY WR DEC 1 95 ALPHA PHI ALPHA HOLIDAY PARTY DEC 2 95 BANQUETMASTERS HOLIDAY PARTY DEC 5 95 BOCA CIEGA BOAT,CLUB HOLIDAY PARTY DEC 6 95 UBALDINI HOLIDAY PARTY DEC 7 95 UPPER PINELLAS DENTAL HOLIDAY PARTY DEC 9 95 HERCULES HYDROLICS HOLIDAY PARTY DEC 11 95 HIGHLAND LAKES HOLIDAY PARTY DEC 13 95 ERNEST DRUCKER HOLIDAY PARTY DUC 16 95 INSTRUMENT TRANSFORMERS TOTAL 1995 NON-COfflaMC?AL R=ALS. 60 f (Mo vz? a65 Pe5 OCT oa '9S 29t4l MOANING - 3 Hour Block Monday - Friday .............................................. .............................................. $220.00 Saturday, Sunday .........................................................................................$275.00 AFTERNOON - 4 Hour Block Monday - Friday .............................................................................................S275.00 Saturday, Sunday ...................................................... .................................Sa40.oD EVENING - S Hour Block Monday - Thursday ........................................................................................53as= Friday, Saturday, Suncay..... ........ ........... ............$575.00 ALL DAY • 12 Hour Block Monday - Thursday .. ..... .........................,........................................., .......$576.00 Friday, Saturday, Sunday ..... ..................................................................$700MO All rentals Include two hours prior to scheduled time for set up. State sales tax on rental and services will be added, if applicable. It an event use extends beyond the contracted time of the rental period, the Lessee will per charged S75.00 an hour for earn additional hour, up to two hours. Beyond the two nours, a rate of one-hall the full rate will be cnarged. RENTAL RATE=S WILL INCLUDE: RENTAL RATES WILL NOT INCLUpE: • Room and Terrace • Faodreatenng • Hospitality Bar • Cost of liquor, Bartenders • Service Kitcnen • sem ce • Piano • Cppyright Licenses • Tables-round (seating of 81 • ACvanrr ssglpromotions and rectangular (i.e., tickets. Invitations, printing) • Chairs • Special technk a1, spacial staging, • Standaro Janitorial tervice inestricat lighting, and hospitality • Heat, all cond5t'stsning, etc. regwroments • Water as Installed on premises • Piano tuning at currant rate • Use 01 stage - insurance • house Management Services • Security (required for events with • Microphone children and/or young adults * Screen In anenaancel • Podlurn 469 P07 MT N '95 09141 Rol , lA i RICHARD B. BAUMGARDNER CENTER F Q R T K E M t 11 f 4 R M I H 6 A R T S im-1923 SEASON Florida Boy Cboir - I date Jewish Media Relations Counsel High Holyday Services - 6 dates Spanish Lyric Theater - 3 date Alpha Kappa Alpha Sorority Fashion Show - 1 date Clearwater Christian College Lecture - 1 bate Morton Plant Hospital Women's Center - I date Unity Church Easter Service - 1 date Countryside Christian Center Service - I state Gathering of Men - I date Seminole Sigh School Theater performance - 1 date Tampa Bay Symphony - 1 date St, Petersburg Junior College Nurses Pinning Ceremony - 1 date Temple Aha Vat Shalom Theater Performance - 1 date New York School of Ballet Arts with Sunconst Ballet Theatre - 2 dates TOTAL NON-COMMERCLkL RENTAL DATES in 20 1923--1294 SEASON Tampa Bay Opera Corporation, - 2 dates Tampa Bay Symphony - 3 dates Florida Geographic Society, Inc. - 6 dates Morton Plant Hospital Women's Center - 1 dates Florida West Ballet - 1 date Tampa College Graduation - 1 date New York School of Ballet Arts with Stiuconst Ballet Theatre - 2 dates Jewish Media Relations Counsel High Holyday Services - 2 dates TOTAL NUN-COMMERCIAL RENTAL DATES = 18 PACT, INC. (6vgtq) 1111 hicAlullen Moth Road a Clearwater, Florida 34614 • Telcphone (813) 791-7060 • Fax (81.11 M-Amn a r rik.ef•m?..... 2%2.101 SEASON cd6w4ng of Ft«n .1 date Florida Geographic Society Inc. - II dates Tampa Bay Opera Corporation - 1 date Tampa Bay Symphony _ 3 dates Tampa College Graduation - I date Countryside Christian Church Service - 1 date Jewish Media Relations Counsel High Holyday Services - 2 dates Vollbracht Foundation AWS Benefit - i date New York School of Ballet Arts with Suncoast Ballet Theatre - 2 dates TOTAL NON-COMMERCIAL RENTAL DATES = 23 Jewish Media Relations Counsel - b dates Tampa Bay Opera Corporation - 3 dates Tampa Bay Symphony - 3 dates Florida Geographic Society, Inc, - 9 dates St. Petersburg Junior College Graduation - x date Tampa College Graduation - 1 date New York' School of Ballet Arts with Suncoast Ballet Theatre - 2 dates Florida Boy Choir - X date TOTAL NON-COMMERCIAL RENTAL DATES = 25 1 ?fs RESOLUTION NO. 95-77 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, AMENDING RULE 12 OF THE CITY COMMISSION RULES RELATING TO CONTINUANCES OF MATTERS AT THE REQUEST OF COMMISSIONERS; PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. That Rule 12 of the City Commission Rules is hereby amended to read as follows: The City Manager, City Attorney, or any Commissioner may agenda an item. Any citizen may request a Commissioner to agenda an item, even trough staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but the Commission may do so by a majority vote or by consensus in response to a suggestion from the Chair. A Commission . member may obtain a one time continuance of a matter without the necessity of a second or a_vot_e, to_a date certain not to exceed 30 days. A_second continuance may be granted by a majority vote_of the Commission upon the motion of any Commissioner. No further continuances may be ranted unless extenuatin circumstances exist. The--Gem-:-Sion--shall -heneF a Re-ti Fiet to emseed 39 . The public will be allowed to speak on an item se -requested to be continued if that item is an advertised public hearing, but no aegen other action than to Gentinue as Fequested, shall be taken. Section 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1995. Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk OAT ?Ly Yf AGEnm DA i 3 i ITEM #-d:2-); i -' i + CITY OF CLEARWATER INTEROFFICE CORRESPONDENCE SHEET TO: Pamela Akin, City Attorney FROM: Leo W. Schrader, Risk Manager COPIES: Elizabeth J. Deptula, City'Mana er Margaret Simmons, Finance Director Rich Baier, City Engineer SUBJECT: Risk Management's recommendation of litigation to recover expenditures related to the acid spill occurring December 26, 1994; at the NE Wastewater Treatment Plant DATE: -September 5, 1995 Risk Management personnel have pursued, without success, reimbursement to the City of the sum of $94,648.91 for the acid spill cleanup. You will recall that the acid spill occurred when a faulty sight gauge broke and released approximately 2500 gallons of 98% sulfuric acid onto the ground. The sight gauge in question-had been a part of new construction work at this plant and was still under warranty at the time of the acid spill. It is our opinion that the City can recover the sum due the city for the cleanup, but the City will need to initiate litigation to effect collection. You will see the parties put on notice of the City's claim by the letter dated May 9, 1995. No party will voluntarily step forward and pay the city for the loss. We have received nothing at this point in time except "finger pointing" and/or denials of liability. I request that you assign an attorney to handle the case and I will then meet with the attorney and arrange to turn over the Risk Management file. sPrE1VED SEP 0 71995 CITY ATTORNEY ?r s , 7 ? C I T Y O F C L E A R'W A T E R. POST OFFICE Sox 4748 CLEA RWATER, FLOAIOA 34618.4748 Risk Management Division Telephone: (813) 462-6754 facsimile: (813) 462-6757 May 9, 1995 MCKIM & CREED ENGINEERS, P.A. 601 Cleveland Street Clearwater, FL 34616 BRILEY,+ WILD AND ASSOCIATES, INC. Consulting Engineers and Planners 1421 Court Street, Suite C Clearwater, FL 34616 WALBRIDGE CONTRACTING, INC. 410 Ware Blvd., Suite 900 Tampa, FL 33619 MOHAWK CONTRACTORS, INC. 4301 32nd Street W Bradenton, FL 34205 Re: Northeast Plant Gentlemen: on December 26, 1994, a sulfuric acid spill occurred at the Northeast Wastewater Treatment Plant of the City of Clearwater due to the failure of a sight gauge made of transparent rigid PVC 40" pipe manufactured by Thermoplastic Processes, Inc. The pipe was Excellcn R-4000 tube. - s An estimated 2,500 gallons of'concentrated acid (98% concentration) spilled onto the asphalt and surrounding soil. This spill was reported by the city to the Florida Department. of Environmental Protection as required and then-was treated as an emergency in accordance with State environmental requirements. It appears at this time that the spilled acid and contaminated soil and asphalt were removed quickly enough to keep the acid from getting into, the underground water supply. if " E q u a l Em p l a y m e n t a n d A t f i r m a j r: d A c 1, 0 n = m 0 1 a y: r i¦ i Total charges incurred to date for cleanup of this spill is '. $95, 62]..88 . , The sight gauge for this tank was installed subsequent to December. 2, 1993 and was under warranty at the time of the spill. our investigation reveals that improper materials were used in the preparati.cn and installation of the sight tube and in the- absence of negligence, this spill would not have occurred. This letter is for the purpose'of putting each of your companies on formal notice of the city's claim and to advise you that the City will be seeking reimbursement from your firms of all suzis expended to date as well as*future sums that may be expended to correct the environmental problem encountered, together with- any additional sums that may be necessary to make the City whole for the financial losses it has suffered. Please turn this letter over to the representative of the insurance company that underwrites your liability in ance program and ask that an adjuster get in touch with me rega di g the City's claim. S, ce ely, - Sc ade , Esq. L o W;I Risk ana er cc:_ Richard Baier, City Engineer --' _ Margaret --simmons; Finance Director s ORDINANCE NO. 5925-95 q 0, b. AN ORDINANCE OF THE _ CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY CHARTER; AMENDING SECTION 2.01(d)(4)(v) OF THE CITY CHARTER TO DELETE THE REFERENDUM REQUIREMENT FOR LEASE, OF CITY PROPERTY WITH THE LAND USE DESIGNATION OF RECREATION/OPEN SPACE; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 2.01(d)(4)(v) of the City Charter be amended as follows: Sec. 2.01. Commission; composition powers. (d) Limitations. The legislative power provided herein shall have the following limitations: (4) (v) No municipally owned real property identified as recreation/open space on the city's comprehensive land use plan map as said plan existed on November 1, 1979. (or as may be added to thereafter),. may be sold, lease pair to another entity without prior approval of the qualified voters at referendum, except when the commission determines it is appropriate to dedicate right-of-way from properties identified as recreation/open space. Section 2. A referendum election is hereby called and will be held on March 12, 1996, at the general municipal election for the consideration by the voters of the City of Clearwater of the proposed Charter amendment. The question to appear on the referendum ballot reflecting the proposed amendment to the Charter at the regular municipal election scheduled for March 12, 1996, shall be as follows: CITY RECREATION/OPEN SPACE PROPERTY hail Section 2.01(d)(4)(v) of the City Charter be amended as provided in Ordinance -95 to remove the requirement for a referendum prior to leasing city owned real property identified as recreationlopen space on the city's comprehensive land use plan map but retain the requirement for referendum prior to sale of such property? YES - For amendment to City Charter NO - Against amendment to City Charter Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on March 12, 1996. Section 4. This ordinance shall take effect immediately upon adoption. The amendment to the City Charter provided for herein, shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING PASSED ON SECOND AND. FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner Attest: t Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: Pamela K. Akin City Attorney 2 fr ' r 111I;A1t)1ANI}UN1 ¢¢ CMsl?3 TO C 01\4MIsc; N 5EP 2 2 1995 ` TO: The City Commission C ?rtt ;;4 ! FROM: Betty Dcptula, City Nlanagw 1 SUBJECT: Evaluation DATE: September 22, 1995 Attached for your review is a copy of my performance evaluation which is divided into three sections: 1. Guals 2. Personal development 3. Duties as defined in the City Charter I have also attached a copy of the comparison chart•prcpared by the Human Resources Department on City/County Manager salary and benefit survey. Denise is contacting each of you to schedule an appointment to mcct 'individually on this iSSuc. If you have any questions, please do riot hesitate to call. attachments z O d l1"1 ww L` pq w? t? w V V1.? Q C7 d t7 . Q C? Q 0 .ca y .!3 'J n' c ? '? Fy . U ....? ?, .. ? . 2 d 0 A g ^ C 3 y a] H csi ?. H O O as nq rn w as G ,O O . b rn G U ' 0. a G nR .? '? a Q ?n Ln 03 .a ?. O O _ O O a Ln w cd G O .? y 75 i5 4n y p G U ' G c; aA -- w oaj W •bo a? ?`?'•EW CIO of '-' t•. G • y, H ? 5. C L- U; d ] G tm O _ • O 4 y U Q cy O. C O Q v K ?? o T1 cn n P4 .° E A : •a j U -r 0 E E Cam] o O T ?+ r U •O y ¢3 w }, C vi v E .? .E .+ U [E??? tA x U O?? $3 ° 6, L' " C L] w G nA . J7 a a? b4. E v G au W m E .. ?. , > E o •.[ } .2 E rn RO y E C o o U •. aJ E. C c) E ; . o 8 ai G ?n 6 U Q . ? G 4? C° y G 4j ; ..-. p r ' " ' 0 y G V tC • W ,t , (s, U CL C: O It r- j « E-? O U .G H nn a `y f? Z u w n a . O •, . U C U O 4?] dO G ti 3 o LA o Ln >% Co -o Ln rn v A _ cd u r5 y? o "' y N Q .. 0J id >l O t? 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O N QJ N C 3 .. O ... SV Q •,,. y , C C/ ?. • o o E 0 o N v N C ,0 UU ? U 6QA a ° y O N 4.. E Q '' . 'C •LA •? ..r VI ° E .O y N N o E ,a E •? «a ?, E E E u T N QyJ y o L7. • .b b v.c o .1=' U .r ? V U _ n G C a .Q C •"• r4 p S ?' C 'ti b . +- C C c o E' C r O cV '? ' E . C y O 7'tp? V 'C E E oA C3 au o = , LA 0 F 00 c? V v? c. Cd M .. 0., w M U , N s. I I V a? rn ? ° LI; a a. o U ?., a O O d t cd C1 C cti J-- O .-. U L. ] ' ,O O q a W-4 aA cn O d) E E .. E U U a?i ye ? : -' b . ? E z v E °"a c, .:C a? ?. O as o J2 ?• ?' an ? a1 'n D d) 0 ap cv LA =3 (U U L- W ° O C C p T r CA [ O O ?, U ' o 0 . E W a o 4? E it n 4 .., . w rn ao .? L u R. U p •-• :.W?5 Cr N ° 'p d • O CKI U vs Nl .? ?+ CN ., U 4j u 4) O U U y '° U y U cq r CITY OF CLEMoVAIT'lit Interdepail a ntal Correspondence Sheet TO: Bctty Deptula, City Manager FROM: Kathy S. Rice Deputy City Malinger COPIES: Bill Baker, Assistant City Manager Tina Wilson, Budget Director SUBJECT: 1994195 Third Quarter Departmental Goals DATE: September 20, 1995 Listed below is detailed information for each department concerning the third quarter goal results. I'll be happy to offer any further explanation that is needed. Currently, there are six departments that are meeting their goals 100%Q as of third quarter. Ccrttr;il Permitting: Of the 10 goals, 8 are on target at third quarter. Percentage complete applications processed, transmitted, and responded to, we anticipate will be met by fourth quarter: Percentage of plans reviewed within deadline tin;its, is currently at 92% of the target for the goal. City Clerk: This department is on target with all of their goals! Community Response: Of the 5 goals, 4 are on target at third quarter. Completion of surveying process of the Sign Amortization program, is at 68% of the target. This goal is expected to only be 70-75% complete at fourth quarter. Unfortunately, the department was not able to hire the full-time staff quickly enough to finish this project. It is expected that this goal will be completed next fiscal year. Economic Development- Of the 9 goals, 5 are on target at third quarter. Number of SBA 504 loans completed and SBA 7,4 loan guarantees completed is under target due to the delay in hiring the loan staff. Better results are expected next quarter. Completion of a toaster plat; for Economic Developn;ent was delayed until September 1st due to lack of funding for the Enterprise Zone. Increase the number of homes rehabilitated through the Substantial Housing Rehabilitation; Loan Program; was under target also due to the delay in hiring loan staff. We anticipate meeting this goal at fourth quarter. Increase the number of loans matle through the Emergency Repair Loan Program was also under target due to the delay in hiring the loan staff, Englneerirw- Of the 24 goals, 22 are on target at third quarter. Reduction of design time for Phases 13 and 14 of water bond replacement program;, was completed within 1.4 3b of the goal. Maintain percentage for response time to repair, it;-house, parking garage gate equipment within 8 working hours, was at 87% of the target due to waiting on parts for equipment repair. Finalrrc; This department is on target with all of their goals! 0 Printed on Recyctcd Pnper Page -2- 1994195 Third Quarter Departmental Goals F_ _irc: Of the 15 goals, 14 are on target at third quarter. Percentage increase patients defibrillated in one minute or less is at 94% of the target. These results could change at fourth quarter. n • Of the 28 goals, 24 are on target at third quarter. Thrce of the goals not on target include Number of awareness programs conducted, Nranber of miles of new marts and new customers connected, and Meeting semi-annually with top 25 ctcrtoners and annually for 15,000 thenn ctrstotners and larger were all delayed due to the FPSC territorial dispute. Number of proposals for converting fleet vehicles to natural gas has been delayed due to the Department of Energy review of National Program mandates. General Services: Of the 15 goals, 9 are on target at third quarter. Development and implementation ofbasic maintenance program during non-disntptive tunes has been implemented, but not by the target date. Percentage of perfonnance level of customer satisfaction, Percentage of cars and trucks that receive preventative maintenance as scheduled, and Five year replacement program, wilization of equipment plan, fleet standardization program have all been delayed due to the change in management staff. Develop training program for employees assigned radio equipment was delayed due to Community Outreach filming schedule. Ilwnan Relations: Of the 3 goals, 2 are on target at third quarter. Percentage of tivork of City buildings brought into ADA compliance (by 111195), was not met in a timely manner. This goal was at 94 % of the t<-trget. Hjimnn Resources: Of the 14 goals, 9 are on target at third quarter. Compare City indicators with other agencies by 6130195 was not met by the due date, but it is anticipated this will be completed at fourth quarter. Percentage of satisfaction ratings for certifications was also not on target, but the results have been increasingly closer to the target each quarter. Percentage increase in protected class employees has decreased because approximately 70% of those employees who left the City's employ did so within the last month of the quarter and have nqt yet been replaced. We expect that the fourth quarter will indicate a more appropriate figure. Decrease in number of job class f cations and Number of employees admitted to Career Counseling Program are both under target and we expect better results at fourth quarter. Inrornta ion Mana gernent: Of the 13 goals, 11 are on target at third quarter. Number of employees using Computer Skill Proficiency Program and Service Bureau was postponed due to lack of available space. Development of strategy for automating was completed approximately 6 weeks after the February 28th due date. Internal Audit. This, department is on target with all of their goals! Librnr),: This department is on target with all of their goals! 0 Printed on Recycted Paper M, i Page -3- 1994195 Third Quarter Departmental Goals T rin • Of the 10 goals, 7 are on target at third quarter. Percentage rf increase in reventle fat the Sailing Center) is only at 1.5 % of the 5 % target. We will be better able to consider the results after fourth quarter. Number rrf slip racancy rates for single boat slip days and commercial and private single boat slur days are expected to have better results at fourth quarter. Percentage increase in upgraded proficiency (f beach guards was not completed due to scheduling problems and we will continue to work on this in fourth quarter. frc_e_o,r M,,inpj2gmCnj & Budeet: This department is on target with all of their goals! Parks & Recrenjion: Of the 23 goals, 20 are on target at third quarter. Establish' baseline for facility and program usage was not completed by June 1 st because staff is dependent on the USF interns. Percentage rating from users evaluating services was at 77.9%, not the 80% goal. We believe this is duc to the fact.that some people are unhappy with ADA renovations. Promotion of xeriscape principles with policy development was not completed by the April, Is( target. However, it is anticipated that this will be completed in fourth quarter. ' Police: Of the 12 goals, 10 are on target at third quarter. Development of logistical transition plait was delayed to be included as part of the city-wide committee's transition plan due December 1st. The date for Implementation of Computer Aided Dispatch System has been changed to coincide with the opening of the new police building. Nbft Works: This department is on target with all of tlieir goals! Solid Wpste: Of the 18 goals, 16 are on target at third quarter. Increase in customer clusters billed and Increase in number of multifandly cortmpleves served are both under target. We expect to have better results at fourth quarter. •r M 5 Printed on Recycled Paper L,. i 1 Co N y? Y .u q in L IL Y 40 a G1 r 2 v G K In '? QC o Y E 4 R < u ? ? y ? C Y r L ? ?? C t y: Y " C R j 1 .i a N ., rc IL ILL Y ri ? y Z_ ZS Z ? U N? ?i ' q p c m L j U p :4 N N '(? y N U 1!1 ? q U . N O UI N J u u dC - p l V ?` Y Y •Y Y C ? Y a y0 x 7' = f• rd ' II Y i r '] 1 41 Ul 1 N r .11 r•11 ?. .. 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"y 1 I t ` MEMORANDUM 3 TO: The Honorable Mayor and Members of the City Commission l / FROM: t Pamela K. Akin pity Attorney RE: 1994 - 1995 Evaluation DATE:, September 22, 1995 Attached please find my evaluation for the period 1994 - 1995. Attached also is Appendix 8 which is a salary study provided by the Human Resources Department. et , i i • . I I i I • i i 1 1 3 • f I 1 • I I i • ' , I I I 1 I s j7 1 t P Aw O a im J ar ?W m v? ?W a cn V 0 Z N .U 4) C N Q1 N d Q) U O. L CL U ? c am o 0 c C C = M 0.0 v w ? V Al O ?? C N •f? := C C c? W ,o C C 'o :a O O `N v C N N` E C ? C tt7 r- d 1- z 0.0 as M N G_ a) N M= A) t O O cr e? •,.. rat D 5. ca ' v U. a.o3o U?' 0.ao ,n :? N ai r h ?V c G ro .C N D1 o w ,!g N V U N 0 ..?. > E S c •? *3 O O = N _. •N co N Q? C M O -vi ~ d E E d C Q . C. O . E :c w °°3 tm E -C r OLD CL a ro a co r O ? d •E a) r .. •0 0 ro v ? c .?. s • • a ;° N E 4 N m O N a ' o CL a cis +? O p O CL v U 0 0 0) e- r + k G G •? D C ? c N N C d CL y. °w'EE? 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O O 0 G N - C d 0 O N O tm N ?Eca . w 4) -loco 10 c '_ m f • -' O N > 0 O * ? o ?mw o a c r0-• ? v G1 c •- cyo O O to 41 o 0ZZ .a i C d O 4) +,? > a) n N ?, o 0 3 V c '_ C 'C , c ca .a+ G! V w . . ,c n N •a o a) N ._ ? a Q, •? „c ? f! 'a ro € m 'o ? O._ CD > N V 'O = o=cmmEco 0 C 00 00 N m 00 0 mw 0 t w E 0 oo ? 0 .o ,° ?! c>>cf. . ? - i - N 5 04 -- 0 o o a 4- 0 m >, o c? ,s E` V o m c a ._ -? 'a •?c?0)°'E o m? c ? s o° a •. .C '= N i1 C M m c'C as O m m V E41.Q °Q' c y .? d N C m E a?a•yr a a o. 0 m E c.cn •? F 1 m I i I } V V N Z ZI} t ? C C. ?+ O O N w? O CL 0 . '? C . N v > y CG d ? O f G W N G y CL D ? o C +0+ > v 0 'a, C D ro 0 C 'oo°?ro ° O O ?o g oE 19 no. .E ? o .o - ar m N . 3s o E o 0 G! C © y0„ N d1 t] C p C p w C v .C G a: N 0 ro i? w C . 7 C?1 N C E J o c C' NC aMi ? ro E ? J C 0 G 2 y° a. ?. 0 N D of .^..C s Q1 - 0 .LM t D C 0 0 '0 0 C. 2 O ?. N N F'- C. i. ro N V sG p C . ro H N C) C ro 0 ?. , i. 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I jI r> a r> in m in r[ ) '? « 'V 0. p?{ N Z_` ?_' a yr b Y F t Y O L} V n 0 I I on th In , .'? 1 1 I 1 o c "A iv to z O Z U Z C n C v C o C 0 g :E zi r :E ? y rn r" rr 41) "IU ? c o p 0 o o o m p o y _ o O O o o p W C O 4 ? o - In in in ul to in, c rn QY , ..? -- z Fa a tn 0 C 'c.' N rn 0 0 0 11 E E Z• ? l ' 13 m • r Q {? L N N Y 4 V Y a. a. O N .)J( ?"' {1 47 • Y1 N d it O y o U 3 t it ??V1 7 Q O O A 8 LL to U u ? ? Q ! ?} N N [?i rll O ltl j? 7 O u to to C o lJ y •?p L N .- N O •1 1- O 0 ?+ C) N N [V N N > r ? .I , 1 a Iz Z, y, I i O f] U p p 1) rO 11 r 4 to e 1 c n L q p w G u u . i' N p In o /n .. .. IU U C p E 1` In in n v i ~L 4 o a r w to iu o C O I(1 rn 177 to 16 Ll c N d in p •] n h to 's; to 1-? m 117 Lip CI to on it) in in In on rn or- i y to C) N 0' N p •` n 0 CI 0 4 G 5 l7 n U ' ? DI O IB nl Ili , x 1+ ? IV ?^ ul 1 ? itl ep q o g dw w 0 °Y 0111 ru t 1 I • ? 1 r 1 ' 1 i I r I PRELIMINARY AGENDA Clearwater City Commission Worksession - Monday, October 2, 1995 - 9:00 A.M. Clearwater City Commission Meeting - 6:00 P.M. - Thursday, October 6, 1995 Service Awards Convene as Pension Trustees Reconvene as Commission FN FINANCE 1. (Cant. from 9/7 & 9/21/95) Public Hearing - Res. #95-61 - authorizing placement of liens on properties for unpaid utility bills 2. Declare personal property surplus to city needs; authorize disposal through Tampa Machinery Auction, Tampa, FL (Consent) GS GENERAL SERVICES 1. Contract for fleet (unleaded gasoline) fueling to Wright Express, Tampa, FL, for the period 11 /1 /95-10/31/96, with a 1-year option to renew, at an est. $428,650 (Consent) HR HUMAN RESOURCES 1. Contract extension for health insurance with Prudential Health Care System of Tampa Bay, Tampa, FL, under a fully insured funding arrangement for period 1/1 /96-12/31/96, at an est. $3,219,627 (Consent) 2. Contract extension for mental health/substance abuse coverage with Professional Psychological Services (PPS), for the period 1/1 /96-12/31/96, at an est. $162,326 (Consent) PR PARKS AND RECREATION 1. Contract for Crest Lake Parts Restroom Renovations to Oakhurst Construction Company, Inc., for $36,956.40 (Consent) EN ENGINEERING 1. Approve removal of 4-Way stop installation at intersection of Landmark Drive and Eagle Estates Circle North / Meadow Hill Drive North 2. Approve installation of sidewalk along South & West sides of University Drive, between Belcher Road and Druid Road 3. Agreement for professional services with Kimley-Horn and Associates to conduct a beach parking feasibility study, for $65,276 (Consent) 4. Public Hearing & First Reading Ord. #5916-95 - Vacating W 4' of 10' drainage & utility easement lying along E side of Lot 6, Blk C, Northwood Estates Tract F less N 5' (McLaughlin, V95-12) 5. Public Hearing & First Reading Ord. #5917-95 - Vacating 50' E/W r-o-w of an unnamed street lying between Lots 3 & 4 of Blk 3 and Lots 1 & 2 of Blk 6, Revised Map, Town of Bay View subject to Pinellas County vacating W portion and it being retained full width as a drainage & utility easement (McMullen, V95-07) 6. Reclaimed Water Rates 10/2/95 CP CENTRAL PERMITTING 1. Public Hearing & First Reading Ords. #5918-95 & #5919-95 - Land Use Plan Amendment to Commercial General & CN Zoning for property located at 1984 Sunset Point Rd., Sunset Oaks Sub., Lot 2 less road on S and part of Lot 1 IL. J. Parham 1 Cope, Trustee, LUP95-27, Z95-08) 2. (Cont. from 813195) Public Hearing & First Reading Ords. #5875-95, #5876-95 & #5877-95 - Annexation, Land Use Plan Amendment to Residential Low & RS-8 Zoning for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk B, Lot 7 (Booth, A95-15, LUP95-17) 3. (Cont. from 8117 & 917195) Variance(s) to Sign Regulations for property located at 2632 Enterprise Rd. (Europa of Countryside, A Condominium, SV95-33) 4. Variance(s) to Sign Regulations for property located at 2170 Gulf to Bay Blvd., Sec. 13-29-15, M&B 14.05 (Albertsons 1 Albertsons #4301, SV95-40) 5. Variance(s) to Sign Regulations for property located at 1721 Gulf to Bay Blvd., part of Tract A, replat of Blk D of Suburb Beautiful (Manny, Moe & Jack 1 Pep Boys Automotive Supercenter, SV95-41) 6. Direction requested re Alcoholic Beverage Ordinance Revisions (WSO) CM ADMINISTRATION 1. Philosophy of Operation - (WSO) 2. Public Hearing - Declaring surplus property on which to place tower CLK CITY CLERK 1. Library Board - 1 appointment 2. Municipal Code Enforcement Board - 2 appointments 3. Design Review Board - 1 appointment CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #5895-95 - Annexation for property located at 1304 Parkwood St., Pine Ridge Sub., Blk A, Lot 11 (Koper, A95-20) 2. Ord. #5896-95 - Land Use Plan Amendment to Residential Low for property located at 1304 Parkwood St., Pine Ridge Sub., Blk A, Lot 11 (Koper, LUP95-23) 3. Ord. #5897-95 - RS-8 Zoning for property located at 1304 Parkwood St., Pine Ridge Sub., Blk A, Lot 11 (Koper, A95-20) 4. Ord. #5898-95 - Annexation for property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 114, part of Lot 3 (Pappas & Silvie, A95-21) 5. Ord. #5899-95 - Land Use Plan Amendment to Residential Medium for property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 114, part of Lot 3 (Pappas & Silvie, LUP95-24) 6. Ord. #5900-95 - RM-16 Zoning for property located at 1939 Sunset Point Rd., Sec. 1-29-15, Pinellas Groves Sub., SW 114, part of Lot 3 (Pappas & Silvie, A95-21) 7. Ord. #5903-95 - Annexation for property located at 1850 McMullen Booth Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, A95-22) 8. Ord. #5904-95 - Land Use Plan Amendment to Institutional for property located at 1850 McMullen Booth Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, LUP95-26) 9. Ord. #5905-95 - PISP Zoning for property located at 1850 McMullen Booth Rd., Sec. 4-29-16, M&B 32.05 (Countryside Christian Center, A95-22) 10/2/95 2 r¦ OTHER CITY ATTORNEY ITEMS 1, Rule #12 I. 2. Risk Management's recommendation of litigation to recover expenditures related to acid spill occurring' 12/26/94 at the NE Wastewater Treatment Plant City Manager Verbal Reports Commission Discussion Items 1. C-View Task Force Other Commission Action 1: City Manager Evaluation 2. City Attorney Evaluation Adjourn 1012195 3 A¦• L?\ Item N o ? Clearwater City Commission Meeting Date: - Agenda Cover Memorandum p' E{I SUBJECT: University Drive South and University Drive West sidewalk RECOMMENDATION/MOTION: Approve the installation of sidewalk along the south and west sides of University Drive between Belcher Road and Druid Road. ? and that the appropriate officials be authorized to execute some. BACKGROUND: The proposed subject sidewalk was included in the 1995 Sidewalk Installation Contract following a University Drive resident's request and recommendation by Traffic Engineering. Subsequent petitions of opposition (Attachments A--1 to A-4) and support (Attachments B-1 to B-3) were received by the Mayor and commissioners for consideration. Attachment C summarizes this information. Pedestrian counts indicate that 20 children and 6 adults walk along University Drive during school dismissal hours (Attachment D), as well as 6 adults during evening hours. This amount of activity merits consideration for school walk route safety needs as well as pedestrian safety and mobility needs. Traffic volumes of 225 vehicles per day and average vehicle speeds of 26 mph would present normal conflict conditions. Proximate schools (Clearwater High School, Oak Grove Middle School and Plumb Elementary), City's A.D.A. transition plan and the concept of providing infrastructure for the community at large make this project quite feasible. The available balance in the Contract is sufficient to provide this sidewalk installation. Reviewed by: originating D Costs; S 14.773.92 commission Action: Legal NIA Engineering Soul ?- p Approved Budget N/A Purchasing N/A $ L3 A roved w/conditions PP Risk Mgmt. N/A ^ User Dept: Current Fiscal Yr. ? Denied cis N A ACM Funding source: 0 continued to: Engr. ® Capital Imp. Advertised: 0 Operating Attachments: Date. ? Other Petitions Paper: 0 N t R d i ? o equ re None Submitted by• Affected Parties N Appropriation Code: ?? Notified 315-92330-563700-541-000 ? Not Required City Manager A .* Printed on recycled paper ATTACHMENT A-1 t , July 10, 1995 Mayor niid City Coninilssloners 11n d_.12ellxtiresd City of Clearwater 13.0. Box 474$ Cicnrwnter, Florida 3,1618 RE: Proposed Sidewalk Construction on University Drive South and West Clearwater, Florida Dear Mayor and City Commissioners: .. J 'J UL 1 2 l{xr, P: Unclosed is a petition signed by the residents of University Urivc South and West to oppose the construction of sidewalks on elther side of the street. We have recently become aware of the proposed sidewalks and do not wish to have sidewalks on our street. University Drive South and West Is n quiet neighborhood over 30 years old. Our neighborhood children sire able to bicycle mitt play rollerblade hockey lit the street. The residerits oil the enclosed petition do not wish to disturb our established lawns, trees, qnd sprhikler systems or loose the idditionil buffer that [he grassed right-of-way provides us. We also wish to remain aesthetically similar to the entire area between Hercules Avenue, Druid Road and Beadier Road. We would greatly appreciate seeing our tax dollars spent on street lighting improvements, repair of sidewalks on nearby major roads such as Belcher and Hercules Avenue and repaving of some of the rougher neighborhood roads. We understand proposed construction is to start in two weeks, We were not aware of the proposed sidewalks until recently, or we would have ]Wade our opposition known earlier. The enclosed petition represents 32 homes of approximately Q homes that face or have side yards oil University Drive South and West. Seven homeowners were unable to be reached on such short notice. We would gfently npprecinte your considerntion of the genuine needs acid preferences of the neighborhood residents in your decislon for this new constiuction. Please relocate tite proposed sidewalk construction to other nicas of our city which would benefit from new or replacement sidewalks. Sincerely,, RESIDEN'T'S OIL UNIVERSITY DRIVE SOUTH AND WEST ON ENCLOSED PETITION Enclosure 10 VCiition to Prevent Sidewalks on University Drive Smith and West Clearwater, l,+loricla The undersigned residents of University Drive South and West, C16nmater, Florida, having reccatly learned or the proposed sidewalks on our street, wish to oppose the installation of sidewalks on either side of the street. Name Address Date L11 - • o?=?e?' Ir cuwQ (rem- C'IL)?, ksnG 7 - all? u,v:Vc-1A-.s,7Y V c . s 7Z-lLqs S ?- 0 C ILI( -51-PJ? ATTACHMENT A-2 RIO al07 .01? _ "r-4j tjj , J -7 - - ?s 01-01e-0s c.1u_ .7 t , D U A11 V .6 dul n y op -'? J J z _____ ? 0 O ?J3C^ ? .?.( t? t-i?VM_a,?ri.? ?,.I?s_ ___1?tnt.? - ic?.__.__ ? ti?GJ?J4.__ -7 -r Pcige 1 ATTACHMENT A-3 Petition to Prevent Sidewalks on Univet-sity Drive South rind Nest Clearwater, Flciricla The undersigned residents of University Drive South nud West, Clenrwnter, Plorldn, linving recently learned of the proposed sidewalks on our street, wish to oppose the instnilation of sidewtslks on either side of (lie street, r s Name Address Date ?9 p.5 M5 J '..Ic 4L,,-Ae C %f / 1' Page 2 ATTACHMENT A-4 ITAX COVER SUBET DATE: July 12, 1995 TO: Richard Baler City Engineer VAX NO. 462-6641 SUBJEC'T': Sidewalks on. Univer91ty Drive NUMBM OF PAGES SENT INCLUDING COVER SHEST: T I had a suggested thought at lunch t1me, regarding the sidewalks, Is It possible because of the testimony of nn overwhoiming number of people on our strcct opposed to sidewalks that the actual decision could he postponed until after the school year begins. In another 6 weeks, an accurate traffic and pedestrian count could be made. Homeowners, iticludhig myself, could not ntgue Nvith an actual traffZe count. The use of an estfinated count appears udreallsticly high for what I luiow living there for 3 years, Without sidewalks for the past 32+ years and no traffic related accidents we know of, could file decision postponed 6 to 8 weeks for a count to be made? A response isn't nccessnry, but please consider. Still old friends no matter what. ATTACHMENT B-1 CrrY OF CL11ARWATER interdepartment Cori ospondoncer Shoot TO: The I•Ionoroble Mayor arid Cominissionnis TI•IROUGH: Olzabeth M. Deptula, City Manager FROM: Richard J. Baler, City Enginoor COPIES: Kathy S. Bice, Deputy City Manag r William C. Baker, Assistant City Manager SU13JECT: University Drive Sidewalk DATE: August 29, 1995 Please find attached herewith a listing of the partl§s which ore interested In sideweik along University Drive. As you may recall, th residents ndjacent to the street right-of-way of University Drive submitted a petition In which nvrnorous parties opposed (lie City construction or a sideweik within City right-of-way. AlthouQli I bollove, after numerous phone discussions, that sortie of those parties may have supported and not apposed the sidewalk construction had they been given the correct information rog:irding (ho nature of the project, where the sidewalk would be constructed, the width, and -tire placement of this sidewalk amenity. As you receive this memo, the Engineering DeparUiient is performing pedestrian counts along this street to bring to you for further consideration regarding this proposed sidewalk. However, I believe it is Important that in your deliberation that you be mindful that the proposed sidewalk not only serves those residents which are adjacent to University Drive, but also the neighboring streets which food into University Drive and which convey the pedestrian traffic onto University Drive which carries these students to school, etc. Although riot brought otrt during the discussions regarding this sidewalk; it is Important to realize that a sidewalk, much like a road, serves a neighborhood and a community. It would be short- sighted of me not to mention, and possibly foaffirm, this aspect while you aie considering the proposed sidewalk. The petitioners for tho sidewalk have asked that f relay their concerns, as their children walk from the neighboring streets of Acadeiny, College Drive, and Campus Drive, in their travel to and from school and in pursuit of recreation. We will be considering this topic in late September, and I will provide the counts at a Work Session at that time. If you have any additional questions please don't hesitrite to Contact me at extension 6042. IZJi3/ji Attachment Univldwk.r- r -OUCLLU 1 t7 -- ?j b ItC(+ ci k', . L)r + 't - •t+ r? ?'?-k c= ULAUVC'?t I k?+ } CD 10' ?? ? GG L ATTACHMENT BM2 q c, t"- 'Joanne La-wce?L+ AUeW br. {. July 23, 1995 r- ? C-c, CL R f4--- 2 5- C k-&44.z? & F-L- L T0: City of Clearwater 3q Richard Baier, Cit Engineer,--? 3S FE. Chellise Gibson 100 + ?j ?.vV. z? 2109 Campus Dr o? Clearwater, F1 34624 t le \\€ O V RE: SIDE WALKS ?dL?// i l ? Dear Sir: r?rf ? ?1 ? ?. 1 C (,t r• U?r?a? ?,gr•?+94Pr" It was brought to my attention and others in his net hboo <-? that we were going to have sidewalks started on University Drive. %-i Apparently some people feel that its not necessary. I live on the corner of University and Campus Drive facing Druid, and I see .? a lot of traffic going through, especially during the school year. } ° I myself have children, and this neighborhood is becoming a younger ON community. The schools are close.by from grade pre-k to High School. r(? There is a bus stop right on the corner of University and Campus. I and others feel that having sidewalks will not only benefit the younger generation but also the elders too. It is important to r have sidewalks to keep our communityy a, safe place to live1 1915V ?G71 S+C?d/ A bjAale nej,9hb1+7 hG7?'+i): i Please do consider to add sidewalks and keep in mind of our safty for both younger and older gene tion l U i S' cerel G f ' ? I J Chellise Gibson WWI) e .7t L4 J)L INI U J 1 'AA ("6w YlU- J? N 1 r. cl-C /1-1/ Lr r i U, PETITION LIST 1. N. Statz,III, 2110 Academy Drive 2. E. Gonzalez, Jr., 2118 Academy Drive 3. Sam Savittieri, 2117 Campus Drive 4. L. Pooters, 2173 Academy Drive 5. A.J. Caiaccio, 2132 Academy Drive 6. Robert Tucker, 2186 Academy Drive 7. Joanne Laurenti, 2165 Academy Drive 8. James Duffy, 2125 Academy Drive 9. Rose Thomas, 2143 College Drive •10. Todd Holliday, 2135 Pleasant 11. Jodi Steel-Jones, 2133 Academy Drive 12. M. Portolano, 2199 College Drive 13. Sue Hassall, 1006 University Drive, W. 14. R. George, 2180 College Drive 15. Marcy Martari, 2170 College'Drive 16. K. Cappello, 2110 University Court 17. Beverl.yBurton, 918 University Drive, W. 18. Esther Tsikos, 2132 College Drive 19. Dennis Knight, 2118 University Ct. 20. Chellise Gibson, 2109 Campus Drive 21. Ronald Reich, 2157 College Drive 22. P. Grzegorczyk, 2199 College Drive 23. Jerome Ducharme, 2109 Academy Drive" 24. J.R. Todd, 2183 Campus .25. Jenny Curtis, 2188 Campus 26. Otto Mazzilli, 2198 Campus 27. S. Posnak, 2118 Campus Drive 28. Fiarruet A. Afeld, 2173 College Drive 29. Veronica S. Posnak, 2118 Campus Drive 30. Nancy Deadman, 2192 Academy Drive 31. Sue Sewell, 2148 University Court 32. Maria Stangarell, 2110 Campus Drive 33. Kathy Rossi, 2158 Campus Drivey 34. Claude Hudson, 2157 Campus Drive 35. Tony Fuoco, 2326 Campus Drive 36. Vernon Mouton, 2182 Campus Drive 37. John Nogacki, 2149 Campus Drive 38. June Srott, 2150 Campus Drive 39. Peggy Pruitt, 2199 Campus Drive 40. Steve Eanes, 2125 Campus Drive P0111nn.nmp 8/79/93 ATTACHMENT B-3 G x rill X 3t. 11 A Clly Commission ?sir, and hirs. lames hicilcrlc 910 University Drive West Clearwater, FL 34624 Dear Mr. and Dirs. Metlerle: V10114- S COMMISSION AUG [ ;i .1995 [?illc?s cl.?rltt AU1011trp). CA? PL- ?z 11 rOST Or•r•ICC 11OX 4740 CLEA11wn7r?n, r-LonlOA 34618-4748 August 14, 1995 I nppreeinte your interest lit ttte proposed sidewalk on your street. As yots may know, [lie City Commission directed Mr. Richard Baler, the City Engineer, to pcrrorm* pedestrian land vehicular counts on your street Skrter tile start of the school year. It is my hope that this info) matron will provide the supplemental d;ila to resolve tile' Issue. Mr. Daier land )its engiisecibig staff spoke to welt over 25 residents in an effort' to clarify the project. Unfortunately, a little misinformation spread throughout the community did most certainly confuse tiie issue. Originally, the request for (lie construction of sidewalk emanated from a University Drive resident coltcerned about school children and Belcher-bound "cut-through" traffic. Given the limited funds the Engineering Department receives for ntinual funding, University Drive compclul with numerous other streets for funding. The aforementioned pedestrian/vehicular conflicts, the proximity to two schools and the possibility of a Druid Road/Belcher Road continuous sidewalk made this street an ideal candidate. Ideally, your entire neighborhood,, as well as others nearby, need sidewalk to accommodate pedestrian traffic. However, it is.difficult for the City to expend an entire year's worth of City sidewalk ilmding solely within one neighborhood. Accordingly, the City Engineering Department constructs sidewalk throughout a neighborhood given funding and priorities of that year and thereby attempts to "weave" sidewalk throughout neighborhoods. Air. Baier's assistant was correct in that [lie sidewalk is usually located nearest the outside boundary of City right- of-way to maximize separation between vehicle :end pedestrians. After much consideration, her. IIaier informed rile that lie carefully considered the facts at !sand and informed his. Gibson, tite second petitioner, that lie would reduce the standard. Ile believes the sidewalk can be consh-ucted approximately five feet from the street's edge, given favorable field survey. I would urge you to support the sidewalk; as I do. Please feel free to call Mr. Maier at 462-6Q42 should you desire more information or have additional questions. Since r< y, /r' a Rita Garvey Mayor RG/RJ 13/cb cc: Richnid J. 13nier, 11.1:., Cily E-ngincer Ray Boler, I ngineciing Field Supervisor ? ?1I t? ,? 4;111 ? 1 G 1995 ? m I fill _ ?l V--f * ' Etltrnl Ernploym"tit meet A111Pmitllvo Action EmployoF' ATTACHMENT C B1 LJ f „ 10<0 447 4840 647 840 7?J 4_ 744 64J 94A '343 y44 443 J44 Z43 244 143 441 D143 ?Je 7r5 DRUID RD $ I I 2a a° ° V E R I P A K to 550 50 1 25 2 ,? 3 4 5 w 6 7 S to y 12 13 800 ? •V ?? 1 U 19804 a 803 2 $ CAMPUS 14 8.806 sog +y a 0 ?, 3 22 21 20 a h ~ 18 17 ? 11 1s Z 004 I 17 04 24 T 19 I 416 2 .113 4,, 1ge 15 Boa ' all g art ara 5 3 38 3 q 40 ` 1 41 42 X43 54 IA 29 30 ata 3 re G A lq 44 F - - ACADEMY 53 ?bg o 5 9 00 gat 900 : : 45 K R°4 7 906 33 67 6 65 64 ITY 62 63 q? 52 51 50 ? I i13 8 BOB 1 4? 906 909 69 c 70 !, 71 72 w 73 e Is ti ti 7 $ 60 47 48 ? 49 X12 9 to 75 ti 8f2 9f6 91 a COLLEGE 59 DRIVE b 11 140 35 c 4 ?j .1 tM P, N 76 11 116 57 14 56 55 I 95 92 93 94 7 58 cc MAGNOLIA DR too ?o 91 ti1'9 w 98 99 -- - 100 78 w 7. 80.- 81 _. 82 o LEGEND !!I!!!!li! Proposed sidewalk location FOR sidewalk AGAINST sidewalk ATTACHMENT D DP"jkb 3ko?U 3 ?? td?ah tic's . F o'Z f ? ? SC.t?ocs?._. l?ts Mti S S ?ct? kAb%J V-S QN L-`l ? : 4Sw a,: 3 ? PNl 3:4-5 d : 3 c? P "A &A M'Pv S DR !? AC?tJOL1P? DK CVtlAr4' l U) 7 d P r ?r w o?d ?hti??rt? Go?.?.?G6 AR UNIVIZR sl-r,e C.'T' ZRiJy- 5. N . 1 Nc.At)emy pft COPIES IT GUMMISSIC FRRDA D. CLAYTON 21815 UNIVERSITY DL S. CLi1;ARWATEL FL 34624-4835 ($13) 4$1-1086 The C.lc:lrwnter City Council F.U. Box 4748 Clearwater. FL )4618.4748 SEP 2 5 1995 PHLSS CLERK J AT70hr. September 21, 1995 Dear Ms. Garvey. Mr. Thomas, Ms. Berfield, A'Ir. Jolinson, and Mr. Justice; Enclosed you will find a second petition against lilc proposed sidewalk for University Drive. In Richard Baier's letter to the Council dated August 29, tic states "...some of those patties may have supported and not opposed the sidewalk constniction had they been given the cotTcct information regarding the nature of the project, where the sidewalk would be constructed, the width, and the placement of this sidewalk amenity." I spoke with Mr. Baler a couple of timcs to make certain of the facts. I found to my surprise. that Mr. Baier was himself misinformed in some areas, I also spoke with other residents who had also spoken with Mr. Baicr. We then compiled a three-p-age newslett.cr of facts which we distributed to everyone who had signed the initial petition. Included in the newsletter was the decision that we would ask everyone to sign a second petition to re-affirm their opposition, so we could correct Mr. Baier's (and possibly the Council's) misconception. Please note that we originally left out the streets Campu,, Academy, and College from our first petition drive, as we did not feel the issue concerned them. However, since a counter-petition was taken to those streets, we felt it only fair to take our petition to those streets as well. Therefore, you will find signatures of many residents in the University Park neighborhood. We attempted to reach all, but were unable to contact 41 households. Of course we assume you will note that only two residents of Urdtcrsity Drive sigrucd the petition requesting a sidewall:. The vast majority of us do not ;A ish the sidewalk to be installed. We would like to point out that it is very easy to request a sidewalk to be put in som-one ehe':, front yard. As you were clccNd to rv;nreeent the people, we are quit: hope it that you tv El listen to the 111;1 joltry ofibi: eili.en,; on i;i&ersity Drive (;is well a4 the Ptrroundinp conrtnitttiry) ;ltd discontihttte VOttr Most unwelconle sidewalk protect. Thwik you for your time and consideration, Sinccrcl}?. r? Frccl.l 1?. C'lavtr,it cc lom'Iobill lot' 111C ?t. 1'.-10-tiIriltl 3'itticsl.l:1-1c SLidcl (c.;c?tt.?ititicr 1 ilttitiCt o(.)t"11"I' t'h 1J (SvI?R) SOME POINTS WE WOULD LICE TO MAKE 1) On September-5. the city Manger's office received a petition requesting n sidewalk be inslalled on University Drive. However, uu1}• 2 oul (f'3" kigiudures frrr:repeaple who liv ed art Univ ersiq Dri'.v el The rent-a rider %vere ft•om Academy, Cainpus, Col lege, acid PIca.Sarlt (which is several hlnclcv front nGl), 2) 1.1<'e had a n eighknrh nod nteetiitg. It vv'a[ nn Saturdtiy, 5cptcmber at 7 p.tn. aver 20 residents attended. Many were maple. to attend. but called to ,givk? their r.uppol•t, 3) Richard Baier told a resident that the minimuin width between it and the street would be feet. 'l'lrey are considering putting in curbs. Baier Also says the sidewalk will be a mitain u n of4 feat wide. Tke.r, lvrr, cite sidewalk will 011 I1110 Y(11119 rt rrtirl.irrulm o/ feet, thus ajf"eaing priv'aq. However, in a letter from the Mayor (to one of•our residents) site stated that. Baier had in oniied her lie wa~ willing to `•reduce the stiatidars-' raid construct the sidewalk "approximately' 5 feet from the road. Acid that to a 4 foot width and we will trait u 9 foot itch unce irtto our lenwtr. Baier expressed a willingness to set tip a meeting with just a few of the residents to negotiate about the sidewalk. One of die things that lie mentioned specifically was the width of the sidewalk. He claimed lie would prefer to have it 5 feet wide, but as a special concession to us he would allow the I ininiwn of4 feet in width. R,e measured th a tLew sidewalk that wavjust pal in at Druid (aa•ass from Ilniversio, Dr. W), It was only 4 feet wide. Tliis is apparently standtlyd. Therefore, this o$er would see 1)1.t o be meaningless. 4) It will be illegal for us to park in the port of our drivev-vays that intersects the sidewalk. This will be a great inconvenience to us ell. 5) James Potts (fi•oin City Engin. erinqz) emne out to do a podestriwi and tl•trlfic c;ouilt. He counted 20 children, 6 adtlltt, acid 224; vehicles. ti dav. 11tr sowids l&v a lot. Ilovvever, li't'= dc} -prate flr'itlamelic. Tllert' ?: -l7 llolile? borderina on Iniversity far. The 225 vehicles avert' really vehicles coining and goin.q, so lot's dived; it bt• .1. Aut means I;." trim nrr den.. or -'.3 trips per• h oaseh old. NvIv mom liousel aunts have tit lervt : Lars. 77tisjigure 4aretwvIn r•efleia little, ifaiy. outside trot/ric: Howtver. the c: ivv'?z mlilial :%cuFe for a sidevv'alk was tlwiv beliA t11g31 I'llilversih' Or. was ri shortcut fior tr:ttfic fi-oni 11mid 1t) Belcher' Baier• fold u r e idext thin he was cstirnumn;t it t or ul u00 trips per household in his original caul culati arts' 6) mother on Cajnpu? calla! Riclawd Butor to loll !kill! 01111 tllrr%' 1-.'i IRIS -tut) oil Iviiaiv^i'slri• 1>rivL tlccvi•tlillL tc} l;;ii?'r. ?lar .•I?llmecl illtll Clliirll-eli vv??r?' itl.j??olvnrtlt' vvhi?ta ttlrin? tcti t'o,lc•h t}1.• lrti? ,lc?l! ll'?• .•cr114'ri t'lit??tl? 1°,l+rltl?'1Iltll;r', r:rcrk t'r'rrr+•?+,1lir1r:1? .S'clrrrnl. crrt?l r?f?•rrr•irrtrc?r ilialr rrr ver•iji' this. 'l]tev -;nd thw our iwir_ItlyOrl100d iti NW 01icibIt• liW !}u? ? t?'!ct' ti•c)i!1 any ol't} "w' 1:;i1er irlcl tti?':'it tilltititli}i1Ei;'d. 1'r'l;.'n ?v':: t?cil:=: vv itlt ill' i>??tt? ??:':' =t 1 ho ?4;till I)e luiil ;'c'tl no Owzf•rr alone t ruvvrr-itv t •rl' 7) The sidewalk will be located o?i only the soutli mid twist sides of'University Drive (i.e.. only ort one side of the roar!), I'hc; neighbors on this side feel this is discriminatory. 1111 eat Rldiard Beier fsjmv asked why one.'side of the s1reet was diusen m er the ntlter,.he replied that th a trees ivere hutch bigger and th a landscaping was imic t nicer mt th e other side r 'the rand and they Ciq wouldn't want to dmttage it. Of course die neighbors on the south said west sides happen 16think their yards are just us nice! S) Tliere are ?nartlc oles (yes, the big, round kind!) positioned on some of the south and west Inwns of University Drive. IMs presents a problem for th a dy, cis tit eir strlelwdlf would ruts. riglrt mr er its el?L Will we, have a sidewalk with niantioles peppered Iltrot2 )tout, or will the city have to go deeper altsn A e! properly to circumvent them? We would like to Imow. •9) If there is piny problem at all, we feel it wosilti be the fern cars that .deed through here, We think the solution to dim is astvp sigh posted at the hvo tMictlons where University Dr. and University Coud meet. t. i. 4 f ¦ . .. SECOND PETITION TO OPPOSE SIDEWALKS ON UNIVERSITY DRIVE SOUTH AND WEST IN CLEARWATER, FLORIDA The undersigned residents of the University Park neighborhood in Clearwater, Florida, wish to oppose the installation of sidewalks on either side of University Drive South and West. NAME PHONE # ADDRESS DATE a c?l3 T L i or i-f0 s 21.25 UM LP"SITY Zve. J. ?1r9/qj- a Lyl /y, iw a. s -TAar ? ??r.??7 r?? Via! cfHj- -N77 117f r ? . f?c . S"• y?j?Y i 5/g0-S It ?. l c? C( A ?,} i .? ,{.. 4 Y 1- U (.?C.S o+ If ?.?1'1 i u2 r 5 r t'7 C.t I V/ , Y 5 to r 7?r?.c l- x? Li ?? C •zL?i`rc k'' ?????-??, 1r C. /~ 1.t 1 L ?' ?.? ?' y G C?.u.; -?r?..Gil ?tJ?..??` / --Z G' - `J'' S - Lo mrM / r?17'll d. (`/?1 " . fCYJ 7 Y/ I vs-3 ] ti[fl r D e r Z)r: J. 0 1/ SECOND PETITION TO OPPOSE SIDEWALKS ON UNIVERSITY DRIVE SOUTH AND WEST IN CLEARWATER, FLORIDA The undersigned residents of the University Park neighborhood in Clearwater, Florida, wish to oppose the installation of sidewalks on either side of University Drive South and West. NAME PHONE # ADDRESS DATE r. r 10 4? L/y2,-3-?73 Q/S7 ()Ni VeI'sir ?r ?' ?cl- S 0' -12L VA11: ? D'• { fi r 5,y?ctiocz "3-G Z V r c tv y GtJ. GLsr7 e 3 3 ?c s .'? G? &*Z- ,OaL .2)11 ; I } o:'- . SECOND PETITION TO OPPOSE SIDEWALKS ON UNIVERSITY DRIVE SOUTH AND WEST IN CLEARWATER, FLORIDA The undersigned residents of the University Park neighborhood in Clearwater, Florida, wish to oppose the installation of sidewalks on either side of University Drive South and West. NAME PHONE # M119W?Y ,IZA x, lis Z/ r -01 ADDRESS DATE ??-- 'r. remit . ?.?..?. ;f•.!J?.r?.( ?? i ? '? ? C. ?. { SECOND PETITIO14 TO OPPOSE SIDEWALKS ON UNIVERSITY DRIVE SOUTH AND WEST IN CLEARWATER, FLORIDA The undersigned residents of the University Park neighborhood in Clearwater, Florida, wish to oppose the installation of sidewalks on either aide of University Drive South and West. NAME PHONE # ADDRESS DATE ?-r??iG% r. vim. "'''l?_ J 25 Z- -73 S ? -doz J7 ? V/ 7 -217 LSL -?-- q 0.13 C.? 9'?.4 lel'f? 12 ?- __ ?. _....r__. 41 OL.5 .1/t E E 3 k i aq-... SECOND PETITION TO OPPOSE SIDEWALKS ON UNIVERSITY DRIVE SOUTH AND WEST IN CLEARWATER, FLORIDA , The undersigned residents of the University Park neighborhood in Clearwater, Florida, wish to oppose the installation of sidewalks on either side of University Drive South and West. DATE 124 q45--? emu. j?? ' % ?F? ?+++`/?? 7? `C'r??^i? J -l I• r G / L/'K? J "'vtif ?.t ?7 CI .1.'?.L r ?-z N ME PHONE # ADDRESS A n SECOND PETITION TO OPPOSE SIDEWALKS ON UNIVERSITY DRIVE SOUTH AND WEST IN CLEARWATER, FLORIDA The undersigned residents of the University Park neighborhood in Clearwater, Florida, wish to oppose the installation of sidewalks on either side of University Drive South and West. NAME PHONE # ADDRESS DATE r-? %!•s. .: .:.. ,? . • - • ? . ? ? ? .fir ?? << •? '' -s ' ? ' • Lc?.,?;?vctc,•?- 01?? I?wd`?"?t QA. 2 W - {iS Dr-5 (?1. 3 r 195- :m :m ! I i i M Clearwater City Commission Agenda Cover Memorandum So Item N Meeting Dote: 1a-a15 SUBJECT: Alcoholic Beverage Ordinance Revisions RECOMMENDATIONIMOTION: Consider the following recommended changes to the alcoholic beverage ordinance and provide direction to staff for desired changes to the ordinance. ? and that the appropriate officials be authorized to execute same. BACKGROUND: The City Commission has requested that the staff bring forward recommended modifications to the alcoholic beverage regulations that were adopted in January 1995. Staff has prepared the following list of suggested changes and is interested in obtaining direction from the Commission as to whether we should proceed with these changes. Upon direction from the Commission, staff will expeditiously develop the desired code amendments for receipt and referral. ? Elimination of the "cap" on percent of floor area that can be considered as a conditional use by the Planning and Zoning Board. Our current code requirements establish a relatively small percentage range which the Planning and Zoning Board can consider for allowing alcoholic beverage uses in certain types of uses (e.g. shopping centers and retail complexes). This has created considerable difficulties in processing applications for these types of uses which exceed the "caps." ? Elimination of Commission consideration of Planning and Zoning Board appeals. The Commission has had an opportunity to hold a quasi-judicial hearing on the Meador rezoning case; conditional use permit appeal hearings would follow a similar procedural pattern. Staff continues to support an administrative hearing officer process for appeals as we remain concerned about the length of the hearings (and its associated demands on Commission time), morale of the Planning and Zoning Board members as they find their decisions scrutinized in a public forum, and the potential for politicization of the appeal process. ? Revisions to the definitions of "delicatessen," "fast food restaurant," and "retail complex" to improve application of the code. s Deletion of some redundant language (i.e., "package alcoholic beverage sales (package sales)". Reviewed by: Originating Dept: Costs: S N/A T Comsission Action: Legal CENTR ITTING Total O Approved Budget N/A N/A Purchasin _43 S Approved w/conditions 13 g Risk Hgmt. H/A_ User Dept: Current Fiscal Yr. 0 Denied Cis N/A D Continued to: ACM Funding Source: other N/A I7 Capital Imp. Advertised: 11 Operating Attachments: Date: © other Paper: ® )t t R i d a equ re submitted by: Affected Parties Appropriation Code: 13 Notified ® ® Not Required None Ci Ha gar 0 Printed on recycled paper t•" rr n I M E M O R A N D U M TO:. FROM: RE: DATE : The Honorable Mayor and Members of the City Commission Pamela K. Akin, City Attorney Continuances September 18, 1995 Pursuant to Commissioner Berfield's request I have prepared a revision to Rule 12 to clarify the issue of continuance by a Commissioner. The pertinent section presently reads as follows: "The Commission shall honor a Commission member's request for a one time continuance of an item to a date certain not to exceed 30 days. The public will be allowed to speak on an item so requested to be continued if that item is an advertised public'hearing but no action-of the continue as requested shall be taken.', The following issues have come up in dealing'with the rule. 1. Whether the continuance as a matter of right without vote reQuired. 2. whether an item be continued consecutively by different Commissioners. a. What is an item? That is, is an item a particular topic or subject or is an item each time it appears on an agenda. I recommend the following language: A Commission member may request a one time continuance of an item as a matter of right without the necessity cf a second or vote, to a date certain not to exceed 30 days. Additional continuance' may be granted by majority vote of the commission upon motion of any Commissioner. The public will be allowed to speak on an item so requested zo be continued if that item is now presented for public hearwng but no action other than to continue as requested shall be taken. For example, Commissioner A continues aa_enda item 6, first reading on ordinance 0000-95. The continuance is as of a matter of right with no vote The item comes up at the time requested by the Commissioner X not more than 30 days later. First reading is had on the item, at second reading Commissioner Y %-:ishes a continuance. 1 3 i The item may not be continued as a matter or right as it has already been continued once. 'he Commissioner Y may make a motion for continuance wrich :` se:onded and approved wi11 be grankec3. Z i. ! 5 , S ti ,I M E M O R A N D U M TO: The Honorable a or and Members of the City.Commission FROM: Pamela K. Akin, ity Attorney RE: Draft Resolution concerning Ruth Eckerd Hall DATE: September 29, 1995 Attached is a draft resolution concerning Ruth Eckerd Hall for discussion at the Commission work session Monday, October 2, 1995. lvl? RESOLUTION NO. 95- A RESOLUTION OF THE CITY COMMISSION OF CLEARWATER, FLORIDA, CONCERNING THE PERFORMANCE OF ANGELS OF AMERICA AT RUTH ECKERD HALL; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Clearwater is a family oriented community which works to develop a safe, wholesome environment emphasizing and encouraging family oriented activities and recreation; and WHEREAS, the City Commission has taken a strong stand against public nudity and aggressively regulates adult uses in order to control the adverse secondary effects of such uses on the community; and WHEREAS, Angels in America, a play which contains nudity, profanity, and adult themes is scheduled to be performed at Ruth Eckerd Hall in December of 1995; and WHEREAS, the City of Clearwater provides substantial financial support to PACT in the amount of $400,000 a year in exchange for availability of the facility for certain public uses; and BE IT RESOLVED BY THE CITY COMMISSION, CITY OF CLEARWATER, Section 1. That the City Commission of the City of Clearwater hereby requests that PACT be sensitive to and aware of community standards in booking performances for Ruth Eckerd Hall. Section 2. 'T'hat this resolution be transmitted to all members of the PACT Board of Trustees. PASSED AND ADOPTED this day of , 1995. Rita Garvey, Mayor-Commissioner Attest; Cynthia E. Goudeau, City Clerk 11 ?t M E M O R A N D U M TO: The Honorable Mayor and Members of the City Commission j FROM: Pamela R. Akin; City Attorney RE: Draft Ordinance on Charter Revisions for Recreation/Open Space Land Use DATE: September 25, 1995 Attached is a draft ordinance you requested for Monday's work session.,, dealing with charter revii3ion.s for Recreation/Open Space land designation. cc: City Manager City'Clerk t ORDINANCE NO. -95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, SUBMITTING TO THE CITY ELECTORS A PROPOSED AMENDMENT TO THE CITY CHARTER; AMENDING SECTION 2.01(d)(4)(v) OF THE CITY CHARTER TO DELETE THE REFERENDUM REQUIREMENT FOR LEASE OF CITY PROPERTY WITH THE LAND USE DESIGNATION OF RECREATION/OPEN SPACE; PROVIDING FOR A REFERENDUM ELECTION; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. It is hereby proposed that Section 2.01(d)(4)(v) of the City Charter be amended as follows: Sec. 2.01. Commission; composition powers.* (d) Limitations. The legislative power provided herein shall have the following limitations: (4) (v) No municipally owned real property identified as recreation/open space on the city's comprehensive land use plan map as said plan existed on November 1, 1979 (or as may be added to thereafter), may be sold, !eased OF GGRVeye6 to another entity without prior approval. of the qualified voters at referendum, except when the commission determines it is appropriate to dedicate right-of-way from properties identified as recreation/open space. Section 2. A referendum election is hereby called and will be held on March 12, 1996, at the general municipal election for the consideration by the voters of the City of Clearwater of the proposed Charter amendment. The question to appear on the referendum ballot reflecting the proposed amendment to the Charter at the regular municipal election scheduled for March 12, 1996, shall be as follows: CITY RECREATIONIOPEN SPACE PROPERTY Ahall Section 2.01(d)(4)(v) of the City Charter be amended as provided in Ordinance -95 to remove the requirement for a referendum prior to leasing city owned real property identified as recreation/open space on the city's comprehensive land use plan map but retain the requirement for referendum prior to sale of such property? YES - For amendment to City Charter NO - Against amendment to City Charter '.4 Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of Elections that the referendum item provided above shall be considered at the election to be held on March 12, 1996. Section 4. This ordinance shall take effect immediately upon adoption.- The amendment to the City Charter provided for herein, shall take effect only upon approval of a majority of the City electors voting at the referendum election on these issues and upon the filing of the Amended Charter with the Secretary of State. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor-Commissioner ' Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: Pamela K. Akin City Attorney 2 0 CITY OF CLEARWATER PRINCIPLES OF OPERATION Our yrimary resyonsibility is to the community of Clearwater. we will yrovide a fiscally responsible, stable goverkraret committed to minimum regulation as well as Innovation ajul ereattvtty in semcc delivery. we will be accountable, responsive and accessible as an organization. We arc committed to providing high quality services to a timely, efficient and economical manner. We will reduce the barriers to services and information. 1 we wig work to yartnership with alt to our comnwiv to build a city which Is safe, economfcdy sound and physically attractive and which provides the opportunities and amenities conducive to a htgh quality of V e. we wig encourage community partfctuation In our acttvittes. We recognize the mutual resyonskhty of government aid citizens fir the quality of lift in our community. we wig yrovdde the-oyyortuntty and Assistance required to enable individuals and groups to become the actual doers in meeN eomrnuntty needs. we recognize and respect the dedication, yrofessionalfsm Aid commitment Of our employees and tike yride in their accomplishments. we are committed to creating an environment which encourages employees at all levels to respond eonstructtvely, creatively and practically to community needs. We recognize the value of tak1V calculated risks and wig encourage it by allowing ernpbyees to learn from mistakes without fear of unreasonable consequences. We are committed to ongoing employee training and development to maintain the high level of competence necessary for f Ldt govcmanee and services. we a f firm the dignity and worth of yublic service. we aeknow4e our resyonsibiltty to be stewards deserving of the public trust, to be fiscally responsible in our daily decisions, to recognize and develop the potential within each person and to be enthusUstic partners to providing quality service to our community. No 6% COPIES TO: CommisSION SEP191995 CITY OF CLEARWATER PHL5S xnterdepartment Correspondence Sheet CLERK ! ATTORNEY TO: Mayor and City Commissioners THROUGH: Elizabeth M. Deptula, City Manager FROM: Richard J. Baier, City Engineer CITY COPIES: Tom Miller, Asst. Director of EN /Environmental SUBJECT: Environmental Advisory Board- Undeveloped Properties List DATE: September 11, 1995 On April 18, 1994, by consensus of the city Commission, the "Environmental Advisory Committee" (now the Environmental Advisory Board) was directed to review undeveloped properties to determine if there is an opportunity to preserve sensitive lands. This issue became a subject for Commission consideration curing earlier development review of the "ZOM" development of Bayside Arbors on Tampa Bay. The Environmental Advisory Board (EAB) formulated an "Undeveloped Property List" in concert with Pinellas County that included approximately 90 properties. At their regular meeting in December, 1994, the EAB requested City Staff to further review the last of undeveloped properties to reduce the list to only those properties considered as environmentally sensitive or potentially threatened by development. Staff refined the EAB list from field and mapping surveys to create a last of 15 properties recommended for final consideration by the EAB. Reduction in the list from 90 properties to 15 properties was the result of properties already in public ownership or now developed. Staff findings in the form of a final summary list were presented to the EAB on March 15, 1995. As a result of the March EAB meeting, members of the EAB field reviewed each site, on their own, and on July 19, 1995 approved this "Edited" version of the "Undeveloped Properties List" for Commission approval (Attached). Per City Attorney direction, Staff is obligated to notify the Commission that the list has been edited to exclude the property at 2873 Thornton Road, although it fits the originally conceived criteria for selection. This property was excluded at the recruest of Mr. Stowell, who is the property owner and also a member of the EAB. Furthermore, the property at 3035 Gulf to Bay Blvd. was added to the list by a member of the EAB, even though it did not meet the original criteria established for selection (it is currently "developed"). The property was added due to its proximity to Tampa Bay and adjoining wetlands, and because it is currently for sale. Mayor and City Commissioners September 11, 1995 Page Two in addition, at the August 1995 meeting, the EAB recommended that the "Montclair Property" be added to the list upon request of neighboring citizens by petition. The Board's motion stated that: "the City consider purchasing the Montclair Property, to protect it from overdevelopment and protect its wildlife and habitat, either to be used as passive park land, or for possible resale to an entity that would develop it in a way that would protect the wildlife and habitat". Two properties on this list are currently located outside of the Clearwater catty limits in unincorporated Pinellas County. These are the James A. Vogel property and the Montclair property discussed above. Staff believes that the intent of this list was not to include properties located outside of the city limits. Therefore the Vogel property should be removed from consideration at this time, however, staff does believe that the Montclair property should remain on the list, as it was brought forward by a group of citizens and added to the list by a special action of the EAB. in addition, it represents a significant portion of the drainage area to Beckett Lake and if developed could result in a substantial, decline of water quality in the lake. In summary, Environment Management staff concurs that purchase of these properties would be of benefit to the City, with the following exceptions: a. Laura N. Connelly property- too small and not strategically located. b. Park Place- the site has been developed since the list was originated. C. Vogel property- in county. N W 4 4 W °a H W H f-! 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