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10/19/1995 AGEI19Dp DATE Flc?l? Y."y. l? k} 9 CITY COMMISSION MEETING 10 - 19 i Note: jd•r •?Jr Preliminary (Worksession) agenda and paperwork that was in package initially but then not continued onto Thursday's agenda is at the back of this agenda pack. F laid ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, October 19, 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 name and dress. 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 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations a) Municipal Code Enforcement Board - Annual Report b) Marketing/Communications Plan c) Celebrate Downtown 6. Approval of Minutes - Regular Meeting 1015195 & Special Meeting 10/5/95 (attorney/client) 1. Father James Rousakis, Greek Orthodox Church of the Holy Trinity. 2. Mayor. 3. 1 award presented. Employee of the Year 1995 - Charles McAbee, Public Works Department 4. None. 5. a) Report received. b) Report received. c) Presentation made. Approved $10,000 seed money based on matching funds for 2 events, 11112 & 11/26/95. 6. Approved special 1015 as submitted; regular 1015 as amended. 7. Citizens to be heard re items not on the Agenda C13rol Alexander announced the Shepherd Chorale will perform in the 1995 International Advent Sing in Vienna, Austria. Invited Commission and public to fund raiser on 10129195 at Schiller University. Ton-Sehlhorst questioned if there was interest in pursuing studies of combining services. questioned if the Commission would consider similar funding as approved for Celebrate Downtown. Commission indicated if met same conditions, they would consider. Bow Wright questioned union support of Pension changes and the effective date of increased benefit. Deputy City Manager Rice responded all unions now support the changes and the increased benefit will be effective for those that retire after 111196. Ken-Rosenow reported on promotion tour, indicated Clearwater video is now in 123 travel agencies and package tours have been arranged. Charles „Pollick commended Commissioner Johnson for comments re Clearwater being placed before St. Petersburg in CVB advertising. Reported the tourism council has negotiated a 50% discount for advertisers in Discover Florida section of the Toronto Sun. 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 12 minutes). Applicant presents case. Witness may be cross-examined 115 minutes), Staff presents further evidence. May be cross-examined (10 minutes). 10/19/95 1 Public comment 13 minutes per speaker). City Commission discussion, and may question any witness. Applicant may call witnesses In rebuttal (5 minutes). Conclusion by applicant (3 minutes). Decision. 8. Variance(s) to Sign Regulations for property located at 202 Windward Passage, Island Estates of Clearwater, Unit 5, Blk D, Lots 10- 13, part of Lot 9 & vacated street on N & E (High and Dry Marina, Inc., SV95-15) 9. Variance(s) to Sign Regulations for property located at 2530 McMullen Booth Rd., Sec. 28-28-16, M&B 33.02 (John Hancock Mutual Life Insurance Co. ! Northwood Plaza and Republic Bank, SV95-42) 8. Approved 188 sq.ft. area variance to allow 252 sq.ft, of attached signs with conditions. 9. Approved: 1) variance of 1 freestanding sign to permit an additional freestanding sign, 24 sq.ft. in area & 8' high, along Enterprise Rd.; 2) separation variance of 195' to allow freestanding signs 105' apart along Enterprise Rd.; 3) separation variance of 135' to allow freestanding signs 165' apart along Eastland Blvd.; and 4) an area variance of 12.5 sq.ft. to allow attached signs of 36.5 sq.ft. Public Hearing - Second Reading Ordinances 10. Ord. #5875-95 - Annexation for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., BIk B, Lot 7 (Booth, A95-15) 11. Ord. #5876-95 - Land Use Plan Amendment to Residential Low for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk B, Lot 7 (Booth, LUP95-171 12. Ord. #5877-95 - RS-8 Zoning for property located at 1539 Stevenson Dr., Stevenson's Heights Sub., Blk B, Lot 7 (Booth, A95-15) 13. 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) 14. Ord. #5917-95 - Vacating 50' EIW 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) 10/19/95 10. Ord. #5875-95 adopted. 11. Ord. #5876-95 adopted. 12. Ord. #5877-95 adopted. 13. Ord. #5916-95 adopted. 14. Ord. #5917-95 adopted. 2 15. Ord. #5918-95 - Land Use Plan Amendment to Commercial General 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 1 Cope, Trustee, LUP95-27) - Request to Cont. to 1112195 16. Ord. #5919-95 - 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, Z95-08) - Request to Cant. to 1112195 17. 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 15. Continued to 1112/95. 16. Continued to 11/2/95. 17. Ord. #5925-95 adopted. CITY MANAGER REPORTS CONSENT AGENDA (items #18-34) - Approved as submitted less #34. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. 18. Approve settlement with Arthur Carpentieri, Claimant, for $115,318.40 as full, final, & complete settlement of all indemnity, medical, & attorney fees arising out of Claimant's pending workers' compensation claim and releases City from any and all future workers' compensation exposure to Claimant together with waiver of any future pension arising as a result of a job-connected disability (FN) 19. Contract for installation of polyethylene gas mains & service lines to Heuer Utility Contractors, Inc., Clearwater, FL, for the period 10/19195-10118196, at an est. $867,750 (GAS) 20. Contract for purchase of towing services to Jimmie's Wrecker Service, Inc., Clearwater, FL, for the period 11 /1 /95-10/31 /98, with option to renew for an additional year upon mutual consent, at an annual est. $38,124 for a total est. $114,372 (GS) 21. Temporary contract extension on a month to month basis for tire service, repair & replacement with Don Olson Tire Service, approx. for the period 10/1/95-12/31/95, at an est. $68,750 (GS) 22. Contract for publishing a special regional spotlight advertorial report on Clearwater / Clearwater Beach & Sand Key to Florida Trend Magazine, including a 16 page supplement, special advertising rates in the supplement for Clearwater businesses, extra copies & follow up advertising, for $35,000 (IM) 10/19/95 3 "S 23. Confirm co-sponsorship & waiver of city fees for Special Events approved in 1995/96 Operating Budget (Jazz Holiday, Fun 'N Sun, 4th of July, Family Holiday Traditions & Parade, Turkey Trot, N. Greenwood Street Festival, & Martin Luther King Parade), an an est. $141,980 ($69,720 cash contributions & $72,260 in-kind contributions); authorize event sponsors to approve vendors (PR) 24. C.O.#2 to 1995 Sidewalk Contract to MTM Contractors, Inc., Pinellas Park, FL, increasing the amount by $80,810 for a new total of $321,487.50, and approve a time extension of 60 days (EN) 25. Increase contract award by $51,090 to Van Waters & Rogers, Inc., Tampa, FL, for purchase of additional chlorine in 1 ton cylinders for the remaining portion of contract period 414195-2128196, for a new total est. $141,480 (EN) 26. C.O.#1 to 1995 Gunite Restoration Contract to Infrastructure Services, Inc. 1 ISI Operating Corp., Franklin, TN, increasing the amount by $32,480 for a new total of $356,191, and approve a time extension of 20 days (EN) 27. Accept Contract for Purchase of Real Property from John J. Chiafolo, Jr., located in Sec. 16-29- 16, for Cleveland Street Extension & Widening, for the purchase price of $24,900, and pay environmental audit & testing expenses maximally est. at $2,500, with a boundary survey & closing costs est. at $750, for a total est. $28,150 (EN) 28. Accept Contract for Sale of Real Property, First Addition to Sunset Point, Blk E, Lot 34, 1872 Springtime Ave., to Clearwater Neighborhood Housing Services, Inc. for $12,000 cash, subject to terms & conditions contained in contract (EN) 29. Receipt/Referral - Alcoholic Beverage Ordinance Revisions (CP) 30. Purchase of pipe and drape for Harborview Convention Center from Crown Industries, East Orange, NJ, for $29,180 (CM) 31. Purchase of riser stages and accessories for the Harborview Convention Center from Sico North America, Inc., Minneapolis, MN, for $31,687.09 (CM) 32. Amendment to Jolley Trolley Lease to include the premises at 311 S. Madison Ave. (CM) 33. Appoint Commissioner Johnson to be National League of Cities voting delegate 34. Continue duplicate legal advertising in Clearwater Gazette / Beach Views until 1211195 - Approved. OTHER ITEMS ON CITY MANAGER REPORT 35. Declare as surplus for subordination to FDOT the City's easement rights & interest in 3 parcels of land (1 17.07CD, 129.04CD & 804.07CD) lying along SR55, between SR60 & the CSX Transportation r-o-w, N of Drow St., and void previously approved subordinations (O.R. Book 8698, pages 1142, 1190 & 1161), Res. #95-60 - authorizing City Manager to execute documents with FDOT (EN) 36. (Cont, from 10/5/95) Municipal Code Enforcement Board - 1 appointment (CLK) 37. Other Pending Matters 10/19/95 35. Declared surplus. Previous subordinations voided. Res, #95-60 adopted. 36. Appointed Faustino Dolores. 37. Church of Scientology request to close a section of Cleveland Street on 1115195 - Approved. 4 CITY ATTORNEY REPORTS 38. Resolutions a) Res. #95-76 - Demolition Lien - 405 112 Garden Ave., Hart's Addition to Clearwater, Blk 2, Lot 12 (Probes & Ester C. Hunt) 39. Other City Attorney Items 40. City Manager Verbal Reports 38. Resolutions a) Res. #95-76 adopted. 39. None, City Manager requested and received consensus that direction re airpark lease as outlined in Rich Baier's memo is correct. City Clerk requested confirmation of time for 10/25/95 canvassing board meeting. Meeting was scheduled for noon. 41. Other Commission Action Berfield questioned when Hearing Officer hired for code enforcement cases if it would be done by contract and if City would defend them in a suit. City Attorney indicated all details have not been worked out but contracts will probably be used and the City would defend when individual is acting on City's behalf. Bgrfjald questioned if something could be done re black trash barrels being left out on the street. City Manager indicated this is being investigated. Johnson felt it was imparitive the City cooperate with others in the area and moved that the Economic Development Director's request to belong to Tampa Bay Partnership be approved. Motion approved. Johns moved to give the Mayor the authority to respond re the Commission's stand on unfunded mandates. Commissioner Justice felt the Mayor still needs to make sure Commission agrees. Commissioner Johnson withdrew motion. Qaryey referred to an article supplied by John Doran that indicated a City does have the right to regulate the appearance of newsracks; questioned if Clearwater should pursue. Consensus was for this to be addressed by the Design Review Board. ryey reminded the Commission of the Florida League of Cities Legislative Conference 11116 & 17195 in Tampa. Urged Commissioners to attend. Saygy reminded the public of Jazz Holiday 10119-22195 and of Special Election 10124195. Johnson indicated several awards are to be presented to Clearwater departments at the TBRPC Award Dinner. The dinner will be held on a Commission meeting night so he wished to congratulate the receipients. 42. Adjournment - 8:49 p.m. 10/19/95 5 ,e., ? ,y?. :.1a„i„s. .-r.?r;'?`S, "rr'?.`3 }di+,? a r. A,a . .i•.. F..,. ? ..?.,.?. '?':i ;'•?'l :?w'Ir tr i i CITY. OF CLEARWATER Interdepartmental Correspondence TO: Mayor Garvey FROM: Sally Thomas, Agenda Cleric SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk .DATE: October 19, 1995 E Tonight's invocation will be offered by l=ather James 'Rousakis, Greek Orthodox Church of the Holy Trinity, 409 Old Coachman Rd., 34625 i CLEARWATER CITY COMMISSION Meeting Item pate: 1011(95 `. Agenda Cover Memorandum 10/19195 Subject: SERVICE AWARDS Recornmendation/Motion: The following employees be presented with service :awards for their length of service in the employment of the City of Clearwater. ? and that the appropriate officials be authorized to execute same. BACKGROUND: 5_Y$a rs David L. Bryan Fire Jerry 0. Howell II Fire Kevin D. Garriott Central Permitting Darian Dublin Solid Waste James D. Trueblood Solid Waste Jacqualyn R. DeGroy CRA 10__Y a 8 r..5;. Tracey M. Velong (PPT) Gregory B. Howe Thomas H. Beat : Douglas M. Barry Tami J. Swain Linda F. Kongn Patrick B. Scanlon Timothy E. DeBord Patrick S. Shepler Michael Harrington Meryl Stonelake James Cheatum 2Yenr,: Thomas J. Murray Alphonso Hinson Reviewed by: Legal Budget Purchasing Risk Mgmt. CI5 ACM Other Submitted by: City Mana Police Kathy A. Wight Police Parks & Recreation Raymond J. Talbot Public Works G as Police Wayne C. Andrews Police Police Michael J. Mobley Police Police Robert L. Kimball Fire Fire Craig S. Cramer Fire Fire James N. Ennis Fire Fi re Thomas A. Allegretti Fire Public Works Michael E. Teyner Public Works Gas Freddie Cantrell, Jr. Solid Waste Solid Waste Gail-Patricia Greer General Services Finance Parks & Rec. Originating Dept: Human Resources User Dept.: Advertised: Date: Paper: ? Not required Affected parties ? Notified ? Not required 30 Ypa rs• Albert Myrick Public Works Costs: Total Current FY Funding Source: ? Capt. imp. ? Operating ? Other Appropriation Code: Commission Action: ? Approved ? Approved wlcondilions ? Denied ? Continued to: Attachments: ? None I i. i? ,... •- .. .tti•. •• .-s'- • . .. tea, .. . TO: Mayor Rita Garvey FROM: Betty J. Blunt, Confidential Clerk Receptionist COPIES: City Commissioners, Betty Deptula, Cyndie Goudeau SUBJECT: Presentation at the October 19, 1995 City Commission meeting DATE: October 19, 1995 'The following presentation will be made at the October 19, 1995 City Commission meeting. Al Hinson, Parks & Recreation (letter of appreciation, day off with pay, dinner certificate} "Employee of the Year" for x995 is -Charles McAbee.-Public Works De rt n . =7. C? XY,. 1o/9 9. ITEM ry Y ? ? .. ...... .. . .. .: .... .o.... - . ? ... ..... rh• ?? . •. ?"E?r"X' x, •'P`r'p F, ?'i`z'cjk, .?f e l a MARKETING/COMMUNICATIONS PLAN ' CITY OF CLEARWATER, ECONOMIC DEVELOPMENT October, 1995 Submitted by: Pearson, Thomas/LKW CONTENTS Overview .......................................:................................................................ Page 1 Situation Review ..................................................................................... Pages 2-8 Objectives ........................................................................................................ Page 9 Strategy ..................................................................:................................ Pages 10-15 Community Revelopment Agency ................................................. Pages 16-23 Citywide Economic Development ................................................... Pages 24-28 Information Management ................................................................. Pages 29-35 Tourism ................................................................................................. Pages 36-44 Organizational Structure ................................:................................... Pages 45-46 Budgets ................................................................................................... ['ages 47-49 i OVERVIEW Pearson Thomas /LKW was contacted by the City of Clearwater, Department of Information Management, to update and expand a previous marketing plan prepared by the agency in 1992 for the Downtown Development Board. The objectives of the original plan involved business and retail recruitment and retention planning for the downtown. Direction for the updated plan has been provided by the Department of Information Management, which has assumed responsibility for all marketing and communications activities, both internally and externally, for the City of Clearwater. The following plan represents an effort to consolidate marketing activities to effect cost and time savings, and to provide consistent informational messages, synergistic activities, new and creative approaches to existing; programs, and to promote a proactive attitude and favorable image of the city's Economic Development programs. Since this is the first effort to consolidate marketing activities in this way, this plan will also serve as an organizational guideline for internal protocols. As with all marketing/ communications plans of action, especially one involved in a start-up situation, this plan is designed to be flexible for ongoing modifications and development. Included in this plan are program recommendations for four City areas involved in Economic Development. They are: 1. The Community Redevelopment Agency (CRA) 2. Economic Development Department, City of Clearwater 3. Information Management Department 4. Office of Tourism Each of these areas has distinctly separate functions, but all have the same common goal to promote economic growth through business development. The following plan is based on a three-year program from FY 1995/.96 to 1997/96. Year one (FY 1995/96), will be funded with existing budgets from each of the four departments, totaling ;50,000. With the passibility for increased budgets for year two and three, program recommendations will be based on need rather than according; to budget limitations. 1 SITUATION REVIEW COMMUNITY REDEVELOPMENT AGENCY (CRA) The CRA is principally involved in the redevelopment of the downtown area of Clearwater. just recently the City Commission adopted a 20-year redevelopment plan comprising 17 individual projects within five downtown districts identified as Harbor Bluff, Town Center, Civic Center, Park Lake and the Eastern Gateway. Within the timeframe of this plan, specific projects that will likely need marketing assistance are: 1. East End -- Immediate First priority is to develop the site as a local and tourist attraction consisting of outdoor and indoor entertainment. As alternatives, consider retail or residential development. 2. Harbor View Expansion -- Beginning 1997 Expansion programs/ attractions complementary to the Harbor View Center with possible relocation of the Library and Chamber of Commerce. 3. - Park Lake -- Beginning 1997 Create a major 25-acre lake and open up surrounding properties for commercial and residential redevelopment. 4. City Public Quad -- Beginning mid-1996 Create an integrated four-block municipal complex, including the relocation of the public library. The CRA is involved with tenant recruitment for the 1-larbor View Center, a 50,000 sq. ft. waterfront facility under reconstruction for mixed uses including; retail, entertainment, meeting facilities and restaurants. Currently, all space is .leased. Finally, the CRA actively seeks to relocate new businesses to tine Dowintotvtl and East End. !?,'urrent 1ylarketing Some ongoing image advertising efforts are maintained primarily in local or regional trade and business publications when geographically appropriate. 2 U t, j" Also, some industry specific recruitment direct mail, particularly for the East End, is used. The Harborview Center meetings/convention services are marketed through Globe Facilities Services, Globe Facilities Services has created and produced., marketing sales kit. A planned annual advertising schedule is directed toward local business publications and national meetings and conventions trade publications. Globe works with the St. Petersburg/Clearwater Convention & Visitors Bureau for publicity and trade show exposure. In addition, Globe has hired a Philadelphia firm to handle its public relations. 3 .I CITY OF CLEARWATER, ECONOMIC DEVELOPMENT DEPARTMENT Pinellas County is the most densely populated county in Florida. The City of Clearwater, with a population (if 100,000 within 33 square inilex, is for the most part "built-out". For all practical purposes, Economic Development means Economic "Redevelopment". Emphasis, therefore, is to: 1) recruit small- to medium-sized businesses for existing properties; and 2) assist existing businesses to remain healthy, achieve success, and to expand within the area. Some small, prime undeveloped parcels remain available for development along U.S. 19 just south of Gulf to Bay, and in Park Place oil Gulf to Bay across from Clearwater Mall. Throughout Clearwater, however, only approximately 1,300 acres remain undeveloped. Re-use projects such as the Sunshine Mall are currently in progress. Completed not long ago was the Sam's Club at the corner of Gulf to Bay and U.S. 19. Retail activity, particularly in the Countryside area, is healthy. Office space occupancy throughout Clearwater is steady at approximately 85%. New projects under consideration include the Clearwater Beach South Mandalay Redevelopment Area Plan. The proposal outlines possible development options including a pedestrian walkway with retail, a civic center complex, or a large scale development involving a hotel with conference facilities. A feasibility study is currently being conducted. Because of Clearwater's unique geographic situation and demographic composition, Clearwater seems to be finding itself a niche in the marketplace. With high-income permanent residents, affluent seasonal residents, and approximately 1.3 million visitors each year, the types of businesses best suited for Clearwater tend to be service oriented. Trends are indicating that with communications technology so accessible and affordable, working; at home has become more possible than ever. Those now in a position to be able to work out of their home, anywhere they choose, rather than near their work or marketplace, are seeking out locatiolls that best suit their lifestyle. Clearwater provides abundant lifestyle opportunities yet is still part of a larger metre area, making it very attractive to the emerging telecommuting segment of the population. Tile City is investigating the possibility of installing a broadband fiber optic utility for the information superhighway, which would eliminate private companies from creating information service monopolies. The City would lease usage of the utility to telecommunications companies. If the decision is made within a year, the highway could be ready for use within three years, making Clearwater one of the first cities ill file C(auntry to offer its residents access to a total telecommunications infrastructure. 4 F ¦ F ,. a .. ... «... ? ... ??f, eA .. ., ? Business Services Offered The Economic Development Department has been aggressively "beefing up" its services within the past year. Recognizing the need to cultivate small businesses and retain healthy, successful companies so that expansion is possible, the department, in particular, is now providing small businesses greater access to loans and greater access to market. The Department provides assistance in securing small business loans through the Small Business Association (SBA) for the 504 and 7(a) programs. In addition, the Department also offers short-term (18 months), small loans through Community Development Grant Funds. Access to .international trade has become a concern among smaller businesses ready to join the global marketplace. The Department provides access to international networks making opportunities for import/export more possible. Other services available through the Department include preparation of business plans, providing educational business seminars, and business trade shows. urrent Marketin Promotion of services appears to be minimal with literature consisting; of a rack brochure, of which only one panel is devoted specifically to the business services mentioned above, while the rest promotes affordable housing. No significant advertising is done. Some small business seminars are offered. Staff networks with lenders 5 INFORMATION MANAGEMENT/C-VIEW, CHANNEL 35 The Department of Information Management has recently been assigned the responsibility to manage all internal and external marketing and communication materials for the City of Clearwater. Most of the collateral work is coordinated with and produced at the City's graphics and printing department. Electronic materials are produced at the newly-created cable television station, C-View, Channel 35, whose primary function is to broadcast the city commission meetings and other municipal meetings to Clearwater residents. Information Management is responsible for creating and producing the following: -- Newsletters -- Public Relations services including news releases and news conference activity when necessary -- Public Service announcements -- Media placements (public notices, classified and display advertising) -- Brochures -- Presentations (overheads, charts, etc.) -- Stationery -- Videos -- Television and radio commercials -- Informational programs -• Miscellaneous specialties, signage, awards -- More Information Management directs marketing activities for all departments involved with business and economic development as well as tourism development. Current Marketing No significant marketing activities. 6 TOURISM The City of Clearwater does not have a department exclusively involved in the promotion of tourism, vet tourism is the City's number one industry, accounting for nearly $700 million annually, Locally, tourism promotion is handled by private businesses and the Chamber of Commerce. But for the most part, promotion is assumed by the St. Petersburg/Clearwater Area Convention and Visitors Bureau (CVB) through resort tax funding. Clearwater representatives serve on its Board of Directors. The City has scheduled to hire a City Tourism Coordinator beginning FY 1995/96. As a result of an overall trend during the past few years of flat or decreasing numbers of Florida and Pinellas County tourists, a number of concerns have become apparent regarding: 1) Clearwater's own, distinctive identity; 2) the effectiveness of marketing/advertising/promotion through the CVB; 3) tourist satisfaction; and 3) what Clearwater is doing to make it a friendly, convenient, and attractive place for visitors (Clearwater's products and services). The City Commissioners requested staff to assess the situation, which was completed and presented to the commission in November 1994, The Commission subsequently requested a report of the CVB's activities and budget relative to the tax collected in Clearwater and Clearwater Beach. In addition, the Commission requested to have a survey of visitors be conducted in December 1994 and in May 1995, and requested input from the Chamber of Commerce to assess visitor satisfaction. According to the Chamber report, travel patterns have changed. Visitors are making shorter stays, staying closer to home, are younger, and repeat business is low. Properties are "tired" as compared to the new construction and low rates being offered in the Orlando area. Consequently, Clearwater is attracting a less affluent market. The Chamber, which is working very closely with the CVB, feels that the CVB is doing a good job promoting Clearwater and Clearwater Beach. In response to the City's request, the Chamber prepared a proposal of six ways in which the City and Chamber could work together to further promote tourism. The visitor surveys (conducted by Bordner Research) indicated that, for the most part, visitors were very satisfied with their visit and would plan to return. However, parking, traffic, signage, and lack of activities were identified as problematic. 7 As a result, the commission is addressing concerns regarding parking, traffic, signage, activities/events (Pier 60). With regard to marketing and promotion, several promotional opportunities have been looked into, however, no comprehensive plan of action has been proposed. The City has produced a destination video for use by the Chamber of Commerce and private businesses as well as to be direct mailed to tour and travel agents and writers by the City. Several marketing and promotional issues remain unresolved. What role is appropriate for the City to take in the overall marketing of Clearwater? How can the small properties best be promoted? What alternatives exist to the VSI (Visitor Service Information) 800 number operated by the CVB? Should Clearwater consider advertising in State Welcome Centers? What budget should be allocated for marketing/promotions/advertising? What role will the Clearwater Beach Association and the Clearwater & Beaches Tourism Council (CBTC), as well as the Chamber of Commerce, have within the City's tourism plan? urrent Marketin None e r ,l 8 a OVERALL OBJECTIVES 1) Develop an overall operational structure for the city's marketing programs to be managed through the Department of Information Management. 2) Consolidate marketing efforts, as much as is feasible, for the City of Clearwater's Economic Development programs. 3) Create a unified identity for all City use, both for business and leisure promotion. 4) Aggressively promote, under the City's Economic Development umbrella, to attract new businesses and tourists and to maintain and expand existing businesses. 9 1' OVERALL STRATEGY While the four targeted Economic Development groups have distinctively individual functions and needs, it is the purpose of this plan to integrate, where possible, common marketing elements. Each group will have its own recommended strategies and elements which follow in separate sections of this plan. The initial recommendations here are "umbrella" elements, common to all, that lead the strategic approach. These along with subsequent program elements, have been identified and organized on a.timeline, which follows at the end of this section. Unified Identity As in any business, building a positive identity leads to greater awareness, which leads to creating sales, which ultimately leads to generating revenue. The City has expressed concern that Clearwater does not have a separate and distinct identity and is therefore missing economic growth opportunities, There are many ways in which Clearwater can build an identity. Some are: -- Create a single event or activity, e.g., New Orleans Jazz Festival or Mardi Gras, Spoleto in Charleston -- Create a distinctive architectural look, e.g., Key West -- Create a central focus, e.g., Culture in Sarasota, Entertainment in Orlando, Dining in San Francisco, Sailing in Annapolis -- Build upon a history - ethnic, European, international, Continental, etc. As Clearwater is initiating several redevelopment projects, it would seem timely to take a look at the direction, if any, from which marketable theming could evolve, or into which the City could direct theming. Once established, theming becomes beneficial when promoted. Clearwater already has some built-in characteristics that could, perhaps, lend themselves to a well developed personality. One idea follo%vs. This idea represents a thought-process only and is not intended as a recommendation. 10 With its water orientation, Clearwater lends itself to sailing. In many ways, this concept could become Clearwater's symbol. It is versatile to use for both leisure and business. Think about how the concept could be interpreted: a. An "Annapolis of the South." With Clearwater's extensive coastal waterways, harbors, marinas, etc., new marine, retail and entertainment businesses can be encouraged. b. Creates centers of activity for sailors and non-sailors, especially in the coastal areas. For example: 1. Harborview Expansion area for outdoor marina and aqua theatre. 2. South Mandalay for a convention hotel/marina which adds hotel business to the intracoastal side of the coast. c. There is no other major sailing center on the West Coast of Florida. d. Is a clean sport, pretty to watch, appeals to all ages and families. e. City is already vested in Community Sailing Center. f. Florida's West Coast is the home of many national and international competitive sailors, boat designers and builders. g. Architecturally, can be nautical in a sophisticated, "yachting" way, or in a casual, "Jimmy Buffet" way. h. Graphically can become a symbol for both business and leisure industries. For example the shape of the sail also symbolizes a triangle or Delta which, in business, can mean power, strength, team. The Harborview Center already uses a sail configuration as its logo. Themeline Until the bigger question regarding personality/ identity has been resolved, a themeline or slogan can bring together those groups who are marketing Clearwater as a destination, and provide its citizens with a sense of uniformity. For Clearwater, a themeline must be workable for both business development and tourist development. Years ago Clearwater was dubbed "Sparkling; Clearwater," which was popular for quite some time. Today, Clearwater needs a renaissance line. One which indicates momentum as well as distinction. One which works locally, 11 nationally and internationally with all audiences. One which carries an "attitude" that Clearwater as a majority will gladly associate with. One which the business person, the tourist, and the resident alike can relate to, be proud of, and use in their own respective messages. A themeline to consider is: CLEARWATER, Florida AND ITS BEACHES. LIKE NO PLACE ELSE IN THE WORLD. This themeline accomplishes the tasks mentioned above. It also has a timeless quality which not only allows for redevelopment projects that will be causing change and improvements in the Clearwater environment, but will, in effect, complement these changes and others that will be' taking place over the next decade and more. Including "AND ITS BEACHES" is most important, as it is central to nearly all of Clearwater's commerce. Including the word "FLORIDA" is a must for location purposes. "LIKE NO OTHER PLACE IN THE WORLD" not only establishes an attitude, but positions Clearwater as a player in worldwide competition for business and leisure activities. In a quick survey of ten Clearwater people involved in tourism or business recruitment, the reactions to the proposed city identity and themeline were very favorable. Some reactions: • Flexible - can do a lot with it. • Positive • It's true! • Competitive with the big guys A national search of registered slogans indicated that no other entities are using this themeline. The themeline would be designed into a logo with specified type and colors for consistent use. Common Marketing Elements The following describes several marketing elements that are suggested to integrate the promotion of economic development. 12 1) Master Literature Package For efficiency purposes, one master brochure containing common information relevant to all economic development entities is recommended. The suggested format would be an S- to 12-page brochure (includes cover), full color, finished folded size of 8-3/4" x 11-1 / 2" ( to fit a 9" x 12" catalog envelope for mailing). The cover would include a deep pocket into which department or area specific information could be added. Common information for the master brochure would be: 1. , Locator maps 2. Demographic information 3. Market facts 4. Photography Area specific informational inserts would be formatted similarly so that they can be used as stand alone pieces, be inserted into the master brochure individually, or be assembled with all other inserts making a total Economic Development literature package. Suggested inserts for each department are: 1. Community Redevelopment Agency (CRA) -- Summary of 20-year development plan with map -- Detail of the East End project -- Detail of Park Lake -- Detail of City Public Quad -- Detail of Harborview Center with expansion site 2. Citywide Economic Development -- Available development/ redevelopment sites -- Redevelopment projects in works, if appropriate - e.g. South Mandalay -- International services -- Business Development services (business plans, etc.) -- Small Business loans 3. Information Management -- C-View, Channel 35 -- Directory of City Services 4. Tourism -- Rack brochure with directory of hotels/restaurants/ a ttractions/activi ties 13 M ,,.-- The master literature package becomes a multi-function piece that is easily updated. Individual inserts can be designed either in two color or full color to complement the message, and can be reprinted as needed without incurring the expense of reprinting the entire brochure. The master brochure with pocket can also be used as a press kit folder for use in the development of publicity for all areas of economic development. 2) Florida Trend Advertoria2 The City of Clearwater has accepted an advertorial opportunity presented by Florida Trend. The offer is a first of its kind from Florida Trend to develop a citywide focus on business activities. The advertorial will be a 16-page insert, of which the City will be allowed two pages of advertising. Editorial and other advertising will comprise the remaining pages. The advertorial will appear in the April annual Economic Yearbook issue, which captures the largest circulation of all Florida Trend issues. The commitment of $35,000 yields also a quantity of 20,000 additional copies of the supplement for use in city marketing. 3) Update Video C-View has recently completed a destination video for the promotion of Tourism. However, the most recent video for economic development use was produced in early 1991. We suggest that, with the availability of animated graphics, an updated video can be produced that will bring to life the 20-year plan for the downtown and show other planned improvements such as the new Memorial Causeway bridge. The new video can be used as a marketing tool to attract developers as needed to complete the 20-year plan projects and it can be used to attract prospective businesses for relocation. 4) On-Line Information Services As the business and personal use of computers increases and on-line services become commonplace, the City of Clearwater should investigate the possibility of establishing a Home Page on the Internet World Wide Web. If this is already done or is scheduled to be done, attention should be on content and marketing of its availability. Categories for promotion would include: 1) Real Estate for available development sites or re-use properties; 2) Tourism as a destination (potentially tied into a reservation service); and 3) Market data. 14 1 E E, The State of Florida has recently created a Home page. Anyone on the Web will have access to the State's demographic and business information.- Naples, also, is on the Internet promoting tourism. Locally, the Suncoast FreeNet provides on-line and audio text information services through the Library system. Also, the St. Petersburg Times offers an extensive audio text information service called the TimesLine. These systems should be used for public information, if not currently doing so. 5) Public Relations Public relations is a key component of this plan. While all encompassing, specific recommendations for use are identified within the individual plans that follow. l 15 0 E W ? d ??Cw ?r Q w 0 LU V* 0Qw u0 W v C O r C C •n C O •L.1 fY fY fG 12 tl1 4i ts) C rya E? a ? v 7 • :? '-CL' U U? U "'A c7? c7 r a? r) 5c?'. ? ?a a U dA?d' ci c s ci d d .? ci G C O • O. f<• ^ N i3 'q ? Crf•? ci ::v CN to •? C hh E ???Q ? O D E C G 7p? r a Q O ? C ss u. ?Ci. f3. ?Q+UO ?" 0.1 G`.?fX0. dLaa?.? r1 .C :7 ci .sr ti 'D ci rt t u ? d ci p Cu 'G ? a a o .. r 10 C:N u ?? E` Qa C 0. y C'C y O?G ?. chi `a r •? ?, ?•? O C ?l .? u L] Cy C C d C G C4^ C'r3 uryL?o e o ??a ?a a'r?_c? 4E.Cl ?..T f 0a.G c]7cj? ?f? A70G. 7 j fl- QA?? cJ •C :J '? U t4.!~ ri .c r; ro ci .C cs u cd .a [.1 r?V rJ ? O ? G ??+ L ?y O V •.i C E u •••" ? b4 j CC L . . r^ LA '; ? c? U z C4 O U .? N N 67 t{ rz z ?az ?d a F- ? Q O U?¢ W w O?W uW uo? O V W t4 C . is p 0 ?% o y v O '? 61) O N W B U?j C ?0 u O 1 tp C n Gl E C O O E Q u E= U CU O 4 ?_ u> ?, 7 ? O s = o -D a, u? ?r v o L n ? ? ?- p Q c ? o pQ> ©y'S11.a tU?? H cn? f?U? .D !,1 r3 ? U "? rJ tJ ? Li CS A U 'B ci cI A A ^U C 'w D O C ry ? ? • U • ON S? ?+ ON .!S C C Q .?.. C .? ..?i { p..t toa ? 'J Eu t) E U E O .7 tellE Q O E - vn Vi p y c L- O 9 CJ x ?? cz Q OM t D >, CO = u ?j a Sy • ,W ? ? C u .?. w F C L?QL1'? I?i/7Q'G+r'7 WWII. d7.74R+E+? W{.JpG A u '7 d xi u 'O V d L J rs A U 'C ci I.: cY A U i; G C o E cu ? 14 •? ? O cn p O u ink C y n u u ' Q S4 ?a yi C v i+ S.2 ova ©pE Ft; ^ v v c ' q`U u `,? r CJ 43 0. Ln Q' d .6 ci '6 ai .1? a f? ti ri no a 'O U z oz > E u w QZ 0 ~ .. w a x L4 z % O u iz .. U Fy M ? ?n I COMMUNITY REDEVELOPMENT AGENCY (CRA) During FYs 1995-1998, the CRA will be focusing on these priority projects for the downtown: 1. Solicit developers for the East End project primarily for entertainment, with a backup plan to solicit developers for retail or residential, then begin marketing the project. 2. Promote the City Public Quad concept as an efficient and convenient consolidation of municipal services. I' 3. Develop plans for the expansion of the Harborview Center, and begin marketing as needed. 4. Develop and promote Park Lake. 3 5. Continued general recruitment efforts for business and retail in the downtown, including ongoing support of the Harborview Center. -- 2(]-year Phan _ 1996 1997 1998 1999 2000 2001 2002 2003 East End 4- ----------------------------------- City Public Quad <- ----------------------------------- Park Lake t- ------------------------4 Harborview Expansion 4- -------------------------------------------4 ? Business Recruitment --------------------------16 EAST END DEVELOPMENT The development site along Cleveland Street and Missouri Avenue comprises approximately 15 acres. The priority plan is to solicit developers for an entertainment attraction to capture traffic to and from Clearwater Beach. Attraction is to be designed to appeal to both residents and tourists. Presently the CRA is developing a Request for Qualifications/Proposals (RFQ/P) to solicit developer interest within the entertainment industry. Submissions are due November 13, with the plan scheduled to bring a negotiated contract to the Commissioi'i for approval early 1996. Depending on feasibility and acceptance from developers, a backup plan is to pursue retail or residential development. Assuming the priority plan for an urban entertainment center prevails, marketing recommendations are as follows. x, Public Relations (years 1-3) Suggest an on-going public relations program whereby the project acceptance is announced and updated continually as the project progresses to completion. Publicity should be developed through press releases and when appropriate, features stories in the national press and locally. Target groups should include: -- Entertainment industry, nationally, to encourage tenants and interest in the area as a growing entertainment market. Relocation publications, nationally, to build awareness as to Clearwater's aggressive redevelopment program, which further enhances the appeal for in-fill businesses to follow. -- Local media to build excitement and anticipation of the coming attraction. -- Special events, e.g., announcement press conference, ground breaking, etc. 2. Identity Elements (year 1) Work with developer to create a name, logo, and signage for immediate use in public relations and for marketing, if necessary. 17 jw ..: .n.y.?r,•t., r;,?.,,+W,•r.r.,-.<,.i ...y, • : rv- ,. .. •, .,_ '° ' :.r . .».. ., en ':f' .. , • J?'s?;z i 3. Marketing Materials (year 2) In cooperation with the developer, create marketing materials, if appropriate, for the type of development approved. ;. 4, Community Awareness (years 1-3) -- Utilize utility stuffers to inform residents of the project and its progress. -- Prepare exciting presentation displays for civic, professional and neighborhood meetings. Display can also be used at area libraries, malls and public office buildings. And, in the future, use an. interactive video on information kiosk,,. Create infomercials for use on C-View. 18 The City is developing a government complex on an aggregate four block area which will consist of the new city annex and the police facility. The plan calls for the eastern two blocks to house a new Clearwater public library overlooking the lake, and a parking structure to support the quad complex. The plan could connect the Pinellas Trail to the proposed Park Lake. The new municipal center will provide convenient services for Clearwater residents in a pleasant setting overlooking the lake. At the same time, the enhanced area will serve to stimulate commercial and residential in-fill in surrounding areas. The City Public Quad will become a key selling point in all relocation messages. 1. Public Relations (years 1-3) Suggest announcement stories and ongoing progress reports in local and national relocation publications to build relocation interest. Tie project into the 20-year city plan for continued awareness of City's aggressive reorganization. To build community support, provide continued, ongoing releases on a pro-active basis to the local media from project planning through the construction process. Public relations efforts would include ground breaking and other significant special events. 2. Community Relations (years 1-3) a. Provide positive information concerning the reorganization to residents through periodic utility stuffers. b. Prepare an informational show for broadcast on C-View, Channel 35. Program can also be shown by City officials at neighborhood meetings. ` c. Prepare display panels, scale model, etc. of the plan for display at City libraries, malls, schools, etc. 5. Brochure/Insert (year 1) Prepare a single page insert that can be used within the master literature package, or that can be used as a stand alone piece for handouts at community meetings. Insert will provide information as to the organization of the Quad concept and act as a "sell" piece for community support. 19 PARK LAKE The Park Lake project is an environmental enhancement to the City's Downtown designed to stimulate redevelopment. While the project is not scheduled to begin until early 1997, we suggest that the project, as part of the overall 20-year plan and integral to the City Public Quad, be actively promoted immediately. 1. Community Awareness (years 1-3) a. Using City utility stuffers, educate the residents as to its purpose, schedule, and impact. b. Prepare an educational program for broadcast on C-View. Advertise when it will be aired on the utility stuffer. Program can also be used by city officials at neighborhood meetings. 2. Public Relations (years 1-3) a. Provide announcement releases and ongoing progress releases to the local media for community support. b. Solicit feature stories in the local media. Clearwater opening up downtown'sites for redevelopment. 3. Brochure Insert (year 1) Develop a simple, one-page specification sheet for inclusion in the literature package. 4. Attention Getter Consider making the Lake a home for a special type of fish, species of duck or swans. Community residents will enjoy the spirit. 20 F HARB RViEW__EXPANSIUN 1. Brochure/Recruitment Materials (year 2) Based on the performance of the Harborview Center, create a comprehensive package to attract retail, restaurant, hotel or other complementary businesses to expand the existing facility. Utilize existing master literature with an insert that details the site and specifications. Include an existing recruitment video, if available. 2. Recruitment Advertising (year 2) Create classified display ads for placement in appropriate publications as needed for recruitment. 3. Community Awareness (years 2-3) The level of activity here will likely be a result of the public issues that arise. Activities may include: Public opinion polls, surveys Educational information a. Opinions and surveys can be accomplished by: Telemarketing Utility stuffer with reply cards Audio text messages In cooperation with a local newspaper b. Educational Information -- Use City utility stuffers to inform residents of project details and progress. -- Prepare a program that details the design plans for broadcast on C-View, Channel 35 with additional presentations by City officials at civic, professional and neighborhood meetings. Potentially adapted for interactive use on information kiosks, if available. -- Prepare displays, scale model, etc. for display at City libraries, malls, public areas and at the Ilarborview Center. 21 -- Create a preliminary flyer/brochure which details the expansion plan for use as a handout at public meetings, or where display is being shown, and to provide to the press. 4. Public Relations (years 2-3) a. Provide ongoing publicity through a series of planned releases and feature stories locally to build community support. b. Provide ongoing releases to national relocation publications to build interest and awareness of Clearwater's redevelopment activities. 5. Marketing Video (year 3) S.. ' Assuming that, under the overall elements recommended for the City's Economic Development program, a new marketing video is produced in FY 1996/97, edit to include the Harborview Expansion plan. 22 ¦, BUSINESS RECR[,11TMENT (Mwntmal Specific projects in the CRA will drive general recruitment efforts. The recommended approach is to combine business recruitment for the CRA (downtown) with the overall Citywide business recruitment and feature the aggressive 20-year plan, City-owned fiber optic utilities, the ease of setting up business in Clearwater, and lifestyle as key sell points for recruitment marketing. Suggested marketing efforts are: 1. Advertising (years 1-3) Refer to page 24 2. Public Relations (years 1-3) Press releases and stories will feature the 20-year plan and individual projects as the motivator to relocate to Clearwater. Therefore; the majority of recruitment PR will be covered under the individual projects. However, announcements of recent relocators, occupancy reports or other positive news could be added to the list of story ideas. 3. Targeted Direct Mail (years 2-3) Depending on progress of individual projects and the need to "in-fill" surrounding properties, consider targeting direct mail to specific industries. This may be appropriate for retail as well as for the office industry. 4. Events (ongoing as needed) Periodically, special events should be planned to promote new or expanding businesses. Particularly, special efforts will be required for the grand opening of the Harborview Center in coordination with Globe Facilities Services. 11 23 CITY OF CLEARWATER, ECONOMIC DEVELOPMENT Within the City's Economic Development Department, there are two areas of focus for which marketing; is required: 1) Business Recruitment and 2) Business Retention. BUSINESS RECRUITMENT (Citywide) Much of Clearwater's business recruitment activities will be targeted to the small- to medium-sized businesses. Relocation can originate from the local area or, for that matter, from anywhere, thus making it difficult to identify markets of opportunity. For advertising and public relations, we suggest combining Citywide business recruitment with the CRA's downtown business recruitment, marketing; both locally and nationally. 1. Advertising (years 1-3) For business recruitment Citywide and Downtown, one media audit and-one recommended schedule is suggested. Exhibit A that follows is an example of an audit. This is an assessment of possible media for consideration. The assessment compares publications and aids in the decision making process. Exhibit B is a recommended ad schedule for placement during 1995/96. Scheduled for 1996 is a special joint effort between the City of Clearwater and Florida Trend to provide an advertorial section in the April Economic Yearbook edition. This is being funded from a separate budget and is detailed on page 12 of this plan. During succeeding years, continued advertising is recommended in local and national publications when editorially and geographically appropriate, utilizing new logo and themeline. There exists a full page, black and white recruitment ad, referred to as the "Carly" ad, with the message to relocators that the City cuts through red tape to make relocation easy and friendly. The ad has not been overly used to date; however, with the beginning of FY 1996/97, market conditions and new redevelopment "hot buttons" may suggest that new creative be done. Ad copy should be designed to include a response mechanism. This may be to call for a video/more information, get more information on the home page (address must appear on the ad), stand for something; special such as a free satellite photo of the Tampa Bay area 24 N{ compliments of the City and a co-operative sponsor, perhaps Florida Power or others. One phone number representing the city's Economic Development office should be used, preferably an 1300 number. A tracking mechanism needs to be initiated to record all responses whether by phone, mail, fax, or Web site, and a follow-up procedure established to refer the lead to the appropriate staff. 2. Brochure/Insert (year 2) Design a 4-page brochure to use as a stand-alone piece or to be included in the master literature package when appropriate. Brochure will show Clearwater map and available development/ redevelopment sites, and projects under development or considered for development (South Mandalay). 3. Public Relations (years 1-3) Releases and stories relative to Economic Development on a Citywide basis can be developed and scheduled for distribution, rotating with those created for the CRA. Editors, reporters, publishers will be given the sense of a comprehensive and active City program. With centralized coordination, efforts won't be duplicated or confusing to the media, and timing of stories can be maximized. A consistent plan should include one release per month for both the Citywide Department as well as the CRA. 25 BUSINESS RETENTION (Citywide) The City has many services available to businesses needing assistance in getting started or in expanding. Emphasis is being placid on the need to cultivate these businesses and, consequently, the Department is continually developing new services to offer. It is more important than ever to begin a marketing plan for business retention. Suggestions include: 1. Brochures (year 1) Create a series of three brochures for 1) International Services, 2) Business Development Assistance (business plans, etc.), and 3) Small Business Loans. All should be formatted alike with a design that works well when used as inserts in the overall master literature package. Suggest two color and four pages with a finished size of 81./2 x 11". Brochures can be used individually as handouts at seminars; used as "take-ones" at area banks, libraries, etc.; used as fulfillment pieces; and as direct mail to target groups. 2. Advertising (year 2-3) a. Business Services Attempt to place small space ads (approx. 2 col. x 4") in the local newspapers and the Chamber's newsletter as public service advertising (PSAs). If requests are denied, consider paid advertising, if budget allows. For paid advertising, suggest increasing ad size to approximately 3 col. x 5" and placement in the daily papers only. Advertising should be used to promote upcoming seminars and services. b. International Services Purchasing advertising or listings in publications with circulation in foreign markets allows Clearwater firms seeking; global business the exposure that individually they may not be able to afford. 26 5 Media to consider is: Global Trade 1/4 Page $100 Suggest GX per year (Published monthly by the the St. Petersburg/Clearwater Economic Development Council) 3. Community Awareness (years 1-3) a. Use City utility stuffers to promote all services. b. Develop an information program or programs for broadcast on C- View and for presentation at seminars. c. Provide 1/2" VHS copies of the program(s) as free loan films available through the library system or through the City's Economic Development office. 3. Seminars (year 1-3) Continue providing business development seminars on a regular basis. 4. Direct Mail (years 2-3) Consider developing targeted mailing lists such as: a. Manufacturers/ assembly businesses to promote the international services. b. Businesses with only a few employees to promote available expansion loans. A cover letter along with the appropriate brochure can be used as the mailer. Letter can promote upcoming seminar. Can also promote availability of free loan films. 5. Small Business Loan Partnership Promotion (1-3) Consider developing a partnership with a local lender or group of lenders who have interest in redeveloping a specific area of Clearwater stich as the beach area. Since most banks are required to provide a level of community support under the Community Reinvestment Act, they may be interested in pooling money for the redevelopment 27 . .. .. t 'iii A S? 'r;--s?VCI.?r: •.y3.?rr's«•r...... ? .. ,..,...?..o..... ? .. ?. ,x•r ,.. ., .? •? ? •^ .•_ "'' ?'K?. -?. ?7?':'???i1.i4r?4 + ' purposes in the designated area. Partners may also provide funds for promotional use. b. Public Relations Specifically for international service, providing news stories to the national and international import/export trade publications is an efficient way to gain exposure. ?S :t. 28 I 3 a ?% H C d p4 NSA a 61 ? u ?1° dwz 0 t,nm D ra N N N ? Q w a CA N 6! GIl 0 a • Y u PU6 y' d U A .Ei u y u r • v 4 00 ? V 0 b a N ?+ V •W ?G o a? 0 H cC,q \ ti m R H °? m a ? ? y .L1 „fl "t7 .ti '° 6J b, k4 a .wV, ui r-. .,u a r? cV H ?aa R.. v u O ' g 3 ? a ?? a G ??Uc i V tr 00 > 20 0 3 4! IMM d" Or in din , OCR ?N G F+ \ 4 6J o? 0 vi 0 up N Q o M i0 G r. .2 w O O x n CC u . w 8 R12 p ?+ O O 0 V u .0 .o 1 0 G u u u u wwwcu bo ? .y y ?J •?4 ? 4f co v. w V M i. Q. O H aJ V 53 0 O Q??4 fj w?zC? vg CV ow \ a7 •?rt G 14 O Q d agcy r.4 Ln in 0 as 9\ CA ¢ 00% O ft? 0 0 O 1?a E cu c m •? a N OAU-1 ci .5 g V7 o ? a N 5 ?u r y bl) r 00 0 A D ro V) a ? w 0 N W CC cz a u a as A a *n w H a a a C14 z a u H Pr F, 'o by N cil LF) ?+ p w • uox? m ?? R U lu .2 C) z ?o ?Q bQ so. (u Or. co o o aj ohm a? ' ? agcy oLn0 u _ co v P4U o u 'n a u ,t1 U b 04 x? 0 3 Lo a x cn ° a So °i 7?' cis cu U° ,n d .5 :ao co o Li 0, V4 0 C 'y tip, a m 'V ? 1013 U.§ P., g g ca -0 am `a ru o c ? ?1 o ° o q M d N1 Da4 A O ? 1 U W r -? 60 w w b?0 CIO CLS O? 'Gj of d .43 o ° cu o ' . in .4 .N ?ry 1rV/r?J? ? ?y16'L7 90 M+ V ro 7 vii u y 9 a w . ro Q ° ? .o Q .a ? rG N7 .`. c+7 \ \ f. 6J ` py l9 to 90 a ?\ U3. 30 . qaq .ten u, ?? ? CJ P; Q1 4ti°.' a v , b CU PC CU u .0 cu > to ?a 'z? "0" bo M. 84 ?5 . 79 ] •n 14 "d ? ro '? ] te a 0.0 U ri to LL, .0 ju b a. U $ ?s 3 cn .? E A ? in '? ? o N u. p r-' d. In r4 Iry` a 0 ?.? a ? o o ?x F+? 0 w W `? nw c bg O ? I 0 z' 0 a N GL o o? ? eq E 4 z x A ? Ir ro ? .y ?i N H ? .Q} , Y 1 f0 L1 ?? ? ? Q 44 s?o o r k r INFORMATION MANAGEMENT/C-VIEW, CHANNEL 35 INFORMATION MANAGEMENT The Information Management Department within the City of Clearwater has recently assumed the responsibility for the City's marketing programs. The department will provide graphics assistance in developing newsletter, stationery, brochures, presentation materials, etc.; media purchasing service; public relations/media relations; videos and broadcast materials; and various other communication tools for use internally as well as for all external communications. A suggested organizational plan for this department follows in a separate section of this plan. With regard to Economic Development marketing, the suggested role that the Information Management Department would include these services: 1. Utility Stuffers Arrange with the City Graphics Department to reserve a single sheet insert in all mailings dedicated to an economic development message. As indicated in the individual strategies for the CRA, Citywide Economic Development and C-View promotion, there are numerous subjects that necessitate public education. Subject matter should be scheduled at least six months in advance. Sample subjects are: a. Understanding the City's Downtown Redevelopment Plan b. Introduction of C-View, Channel 35 with programming highlights and how to find out when programs will be broadcast. c. Small Business Loans that are available through the City e. Details of the Entertainment East project f. Plans for a fiber optic utility and impact oil the City g. Availability of business assistance through the City including business plans, international marketing, etc. h. Details of the Park Lake project and impact on the City L Details of the City Public Quad Each subject should be covered individually and succinctly for good communication. Graphically, each insert should be formatted the same with, perhaps, a distinctive "masthead" identifying it to the City's Economic Development program. 29 2. Economic Development Bulletin Suggest developing a simple monthly bulletin (8 1/2 x 11" bulleted copy point style like a Kiplinger Letter) that summarizes the activities of the program. Bulletin would be sent to prospective relocating businesses to keep thetas informed of Clearwater's progress, key developers so as to retain their interest in Clearwater's 20-year planned projects for Downtown; local and regional media to maintain a constant presence and image of positive activities, and to others involved in the redevelopment of Clearwater. 3. Public Relations With or without the assistance of an outside agency, Information Management will become the administrators of all press information from the City. A comprehensive media list will need to be developed inclusive of local, statewide, national and international media relative to the Economic Development and Tourism groups targets. The list should contain a contact person's name and periodically be updated. A 12 month schedule should be developed allotting stories to each of the Economic Development entities as described in their individual programs. Stories should be pro-active, not reactive. An editorial calendar from target publications should be developed. The calendar.would indicate key issues of importance to the economic development programs. Once identified, feature story opportunities should be pursued. Publications may accept a prewritten story or may use furnished information, photos, etc. to develop a story. 4. Directory of Services The City should publish an annual directory of services, if it currently does not. The quality of the directory should be of such that it could be included within the master literature package and appeal to potential out of market users. 30 J [114.\•: t..;r r.H.a. .v3 ro" f.. [, f Y I"w' - .. .? .. '1". ? ... .. ? .. i 1 .. .... ... t ? 1' 'M' kn v. ...... _ .. -..... 1.. 'S .'Ytr'. ? d. ?• '.??i "f•`1???.;'i! 1 5. ' Information Kiosks (year 1) Exploring the use of free-standing information kiosks for pubic information is recommended. Kiosks would be ideally suited for use in the City's libraries, Countryside and Clearwater Malls. Information screens can provide the how, when and where City services are available. In addition, kiosks can be programmed to promote events, activities and highlight current events through graphic screens or videos. Some kiosks can be programmed for interactive videos and additionally can allow for opinion surveys and are able to retrieve demographic data. Currently the City is developing its first kiosk for installation in 1995. 31 ?1 ¦q C-VIEW, CHANNEL 35 As part of the Information Management Department, C-View is Clearwater's new government access cable Channel. Since C-View went on the air in 1994, little has been done to promote the Channel. Currently, the Channel designation is 35 on the dial, which will soon change to 15. A recent focus group and quantitative survey was conducted by Bordner Research. Findings indicated that awareness of the Channel, its programming schedule, and program content was low. Once known, however; acceptance was high. Noting that the primary function is to provide live coverage of commission and other city meetings that do not end at a specific time, adhering to a programming schedule is nearly impossible. With this inherent problem, marketing the Channel and its programs will remain a challenge. It is also important to the success of the Channel that programming be consistent with market needs. In the future, programming may be accomplished through "program blocks" of time. For example, Monday features environment concerns, Tuesday features Public Works activities, Wednesday features Parks and Recreation activities, etc. Each day, early morning programming would feature tourist activities which allows visitors the opportunity to use the information to plan their day. Also each morning, a bulletin of upcoming meetings and activities for that week could be featured. With these issues resolved, marketing and promotional materials can be developed. Some ideas include: 1. Media Kit (Brochure) (year 1) As with any typical broadcast station, the primary marketing tool is its media kit. For C-View, this kit should include demographic and geographic market facts, programming, methods of promotion, and acceptable broadcast material. The kit should be used for prospective public s rvi advertisers, agencies and other contract groups for educational materials and programs. The kit should be designed to fit within the economic development's plaster literature package. 2. Information Page (year 1) We suggest that during appropriate breaks during Commission and other meetings, a video "super" would annotlllCe schedules for specific programs or information. 32 3. Newspaper Advertising (year 1-3) Continue to use the local newspapers to list the Channel and its programs on the daily cable schedules. 4. Audio Text Programming Guide (year 2) At an appropriate time in the future, consider installing an audio text message system that will provide a pre-recorded message of the day's programs, similar to that used by movie theaters. Advertise the phone number on the video "super" copy, in the newspaper advertising, media kit and in utility inserts. 5. Utility Inserts (year 1-3) As part of the utility insert program for economic development, this is an ideal medium to reach the residents. It is further suggested that a series of inserts, perhaps one per quarter, be considered to introduce the service, then remind residents of the service and, finally, to provide programming updates. 6. Public Relations (year 1-3) Periodically, develop press releases for distribution to the local media regarding special programming, personnel announcements, etc. C- View releases will be included on the master press release schedule administered by the Information Management Department. 7. Promotional Opportunity Consider entering into a cooperative program with an area radio station such as WUSA. Each day, at a predetermined time, WUSA would broadcast the days programming along with the City's audio text phone number as a PSA. In return, WUSA and the PSA time slot would be promoted in the City's newspaper advertising, on the utility insert, and more. Similarly, consider also a cooperative promotional program with Pinellas County's Government Access Channel 25 or Clearwater's local access, Channel 9. 8. Hotel/Restaurant Tent Cards (year 2-3) To promote Citywide activities and attractions to tourists, create a tent card that can be displayed in hotel/motel rooms and in restaurants. 33 1. . i Tent card would feature the Channel, program schedule, and audio text phone number (if appropriate). 9. Interactive Programming Consider developing an audio text system whereby viewers can call in to respond to issues being discussed at the City meetings, participate in surveys, or provide opinions. 10. Awareness Campaign Depending upon budget availability, a consumer awareness campaign is the quickest way to educate residents of the existence of the Channel. Consumer media that reaches the Clearwater market would include: a. Newspaper advertising in the Clearzater Thnes, Tampa Tribune, Wortij Pinellas Edition), Beach Views, Beacon/Leader/Bee. b. Advertising in the Chamber newsletter c. Advertising on Time-Warner (Weather Channel, CNN, ESPN, etc.) d. Outdoor Advertising e. Advertising on backlit displays within Clearwater and Countryside Malls f. Transit Advertising including the Jolly Trolley Sample Schedule Follows C-View, Channel 35 Awareness Campaign (Clearwater Market only) Cable . $846/",k.* Outdoor U.S. 19 & Drew - $1,450/mo. Gulf to Bay 2 mi. S. of U.S. 19 - $1,000/1110. Newspaper 3 col. x 5" Beacon / Leader/ Bee Clearwater Times The Tampa Tribune *Typical weekly schedule attached. $10,152/12 wks. 14,700/6 mos. 10,740/48x $35,592 34 CITY OF CLEARWATER C-VIEW AWARENESS PROGRAM Weekly Cable Schedule VISION CABLE Network Day_ Time # of Spots Cost CNN Mon-Fri 6A-9A 4x $20 HNN Mon-Fri 6A-9A 4x $18 LIFETIME Mon-Fri 6P-12A 4x $40 TNT Mon-Fri 6P-12A 4x $65 USA Mon-Fri 6P-12A 4x $65 A&E Mon-Fri ROS 7x $2 WEEKLY TOTAL. 27x $846 35 CITY OF CLEARWATER, TOURISM While there is concern that the CVB is providing equal emphasis of Clearwater and its beaches within the County's promotional programs, it appears that the job is being done fairly. Clearwater, however, in an effort to boost its tourism economy, is considering ways to assist this effort. DEFINING THE CITY'S ROLE IN TOURISM PROMOTION The CVB targets national and international feeder markets through consumer and trade marketing, primarily building business during the high season. Occupancy during peak season remains healthy at over 90%). Just recently, the CVB has begun some marketing within Florida. Conversely, local businesses assume the responsibility to "sell" their businesses once the visitor is in the immediate area. It would seem that the role the City of Clearwater could assume is one which is not filled by either of these groups. In reviewing tourism activities, the promotional areas not extensively covered by others appear to be during file slower seasons, principally summer, and in targeting the Florida residents. STRATEGY We are assuming that Clearwater will address amenities that ensure visitor satisfaction such as parking, signage, traffic, In this plan, we will be reviewing opportunities and providing recommendations on how the City could most effectively develop a stronger identity and increase tourism through promotion. Based on the information we have gathered and the objectives stated above, it is our recommendation that the City of Clearwater develop a consumer promotion targeting the feeder markets within Florida to increase summer business. We have concluded that: 1. Florida visitors account for over 16%. of the Pinellas County visitors during the summer. Compare that to the fact that all of the Northeast states comprise 25%, of the total visitors during the peak season. Florida residents in the summer are a key market. 2. Pinellas County occupancy during the summer season (May through Aug.) 1994 ranges from 58.2'%) to 69.8%, Occupancy can be improved. 36 3. Pinellas County occupancy during the summer in 1994 was down 1.6`%, from 1993. Need to reverse a declining trend. 4. Pinellas County visitors arriving by plane have decreased during 1994, and visitors by cars have increased, indicating that there is an increased opportunity that in-state promotions will be seen. In addition to the above, a quick telephone survey of ten Clearwater Beach properties have overwhelmingly agreed that during the summer Florida residents are their primary customers. It was further agreed that the top markets within Florida are: 1. Orlando 2. Tampa Bay including Lakeland 3. Jacksonville/Gainesville/Ocala We have also concluded that, relatively speaking, initiating a consumer campaign within Florida is both manageable and affordable for the City and that measurable results can be achieved. MARKETING ELEMENTS 1. Identity/Theming As previously suggested, creating a new logo and theme for all City departments to use, including tourism, will serve to help establish CIearwater's identity. We highly recommend adding "and its Beaches" to further emphasis Clearwater's number one industry. The recommended identity line is: CLEARWATER and its Beaches We've also recommended that a themeline be used with the logo to establish a positioning in the marketplace.' This line will need to be applicable for all economic development entities, inclusive of tourism. Our recommended positioning line is: LIKE NO PLACE ELSE IN THE WORLD. The logo and themeline would be included on all promotional literature and advertising. 37 M--. _. 2. Consumer Campaign (year 2-3) Develop a multi-media, destination campaign for the top Florida . markets. Depending on available budget, the first campaign would include the Orlando and Tampa Bay markets and, based on those results, the following years could include Jacksonville/Gainesville/ Ocala. Message would convey Clearwater's features and benefits. Summer season advertising should begin just after Spring Break and the Easter holiday for travel May through August. Research indicates that the majority of visitors make their plans approximately two months in advance. Media would be purchased in flights, targeting adults 25-54. Recommended media includes cable, outdoor, radio, and newspaper. A sample schedule follows at the end of this section. 3. Tourism Brochure We suggest creating a full color rack brochure, with exciting photography. The piece could measure 18" x 16" and fold to a finished rack size of 4" x 9". One side of the piece could be dedicated to a listing of accommodations with brief description and phone number to encourage immediate reservations. Some distribution outlets are: a. Clearwater Welcome Centers b. Chamber of Commerce for visitor information c. CVB for distribution to the tour and travel trades, and the trade media d. CVB for national and international consumers e. State Welcome Centers f. Orlando rack distribution: Available through a brochure distribution service providing 337 outlets along International Drive and 192/Kissimmee. Cost is $2.25 per month per slot, or $758.25 total per month. Racks are in hotels, restaurants, gift shops, golf shops, etc. 38 4. Brochure Advertising An exceptional way to get your brochure in the hands of consumers is through "Brochure Advertising" done through major market newspaper advertising. Periodically newspapers publish a travel supplement, usually twice a year, in which formatted ads categorized by location promote a destination and the opportunity to request a brochure. It would be advisable to purchase ads in feeder market cities throughout the eastern U.S. Top U.S. markets to include are New York, Chicago, Philadelphia, Cleveland, Pittsburgh, Cincinnati, and Atlanta. Brochure advertising is not available in Florida markets, however, brochures can be advertised in consumer campaign advertising. Approximate cost for brochure advertising ranges from $ 500 to $ 900 per ad depending on the size of market. 5. State Welcome Centers Located on 1-10 Pensacola, 1-75 Yulee, 1-95 Jennings and US. Hwy 231 Campbellton. a. Information Station Express The City has looked into an advertising program whereby a :30 video is shown every 5 minutes. The program handled through the Ft. Myers company Information Station Express, would cost $18,000 annually plus production costs. In visiting the 1-95 Center, the 3 video screens were high above eye level and, if there was audio being played, it could not be heard over the crowds of people. Visuals recalled being seen were manatees, beaches etc. which could have been just about any Florida location. In order to be effective, the video would need to have "Clearwater and its Beaches" continuously "supered" on the screen. The information system has been in operation about one year. No published usage results are available, however, their first quarterly report is expected this Fall. In considering this as an advertising medium, it should be noted that over 80%) of the visitors have reservations before they leave home. Advertising is passive and would be mainly awareness, helping to build a long term image. With a limited budget for the first year, participation is not recommended at this time. However, as budget allows, this program could be added to the media mix. 39 6. b. Hostess at Welcome Centers The State permits "Promotional lobby space" at no charge to umbrella groups such as the City of Clearwater who represent large groups. Representatives station themselves at the Welcome Centers to greet visitors and "sell" the destination. Representatives can have handouts or giveaways, but must have prior approval of the State. Arrangements can be made with Brian Reliwinkle, Tallahassee, 904-488-7300. c. Brochure Distribution As stated above, distribution of the accommodation brochure is advisable at state Welcome Centers. The cost would be $80. per rack, per center, per year. For one year at the four centers, the total cost would be $320.00 (plus the cost of the brochures). Central Reservation Service There has been a lot of debate as to what is the best service available for expediting reservations for both the large and small properties in Clearwater. a. Visitor Service Information (VSI) Currently, the CVB operates an 800# service called VSI (Visitor Service Information) which rotates calls to the various sized hotels. It appears that some small hotels are not clear as to how to get themselves on the service or how it works, so consequently, they have missed out on opportunities, Others that are participating comment that they are not getting many referrals, b. Activityline Available also is a service called Activityline which has provided information to the City for review. The Activityline is primarily what it says it is -- an activity line, tised most effectively within the market for which its activities are being; promoted. In Florida, the service operates in Orlando, Ft. Lauderdale, Miami and Tampa/St. Pete/Clearwater. A built-in feature is a service called Flospitality Link, which operates very much like the VS1 system (mentioned above). Requests for reservations are done on a rotation basis with those that pay to 40 participate. This system is promoted in its service areas only, and it targets out of state tourists while visiting in Florida. . In comparison it appears that the Activityline has no advantages over the VS1 system. c. GTE In reviewing options for a centralized reservation system, GTE can provide, what appears to be, a very acceptable system. A publicized 800# will be answered at the Hwy. 60 Welcome Center (or location of preference). Operator will answer call. If caller knows the hotel they want reservations for, the operator will forward the call directly to the hotel at no charge to the caller. If the caller would like further information regarding accommodations, the operator can provide it before forwarding call to hotel. The GTE technology is call Centranet, which the City is currently using in other areas. Costs for the system would need to be discussed with GTE. Accommodation brochures would carry the 800# to promote reservations. 7. Public Relations It is recommended that, with few exceptions, public relations as it relates to tourism be handled through the CVB. The Department of Information Management should be responsible for providing news to the CVB for release or publication. Tourism as it relates to Economic Development within the City of Clearwater should be a part of the City's promotional strategy. For example: announcing the new logo and themeline, announcing the new brochure/ directory, or announcing new visitor amenities. SUMMARY There is a myriad of ways to promote Clearwater as a vacation destination and just about as many different media. It is important for Clearwater to focus on only the few that will have the greatest impact and opportunity to succeed. We feel that supporting a major in-state consumer campaign will accomplish this task. We have provided a conceptual look at a campaign along with broad-based budget figures. A more detailed plan of action with specific costs needs to be prepared at a time closer to the campaign. It is also important to work wit 11 t11e CVB, to take advantage of combining media buys where possible to save money. 41 ., Florida Markets Campaign Tampa /Lakeland /Orlando Three 2-week flights (May -August) Cable $4,000/wk.* $24,000/6 wks. Radio $15,000/wk.* $90,000/6 wks. Outdoor Orlando/2 $129,000/6 months Lakeland/2 Tampa/1 Newspaper 2 cot. x 5" $54,000 36x Tampa Tribune Lakeland Ledger Orlando Sentinel 6x each, Sundays Average $1,500 ea. TOTAL $297,000 *Typical weekly schedules attached i 42 } i 1 i; PARAGON/TIME-WARNER CABLE (Hillsborough county) Weekly Schedule DAY5 TIME NETWORK TIMFSPER_WEEK RATES Mon-Fri 6A-9A CNN 4x $35 Mon-Fri z. 6A-9A HLN 3x $35 Man-Fri 6P-12A USA 3x $60 Mon-Fri 6P-12A TNT 4x $60 Mon-Fri 6P-12A LIFETIME 4x $45 Mon-Fri 6A-12A A & E 6x No Charge TOTAL, 24x $845* *Same schedule to run on Jones Intercable to co ver Hillsborough County. 43 4 CITY OF CLEARWATER Weekly Radio Schedule t do DT Time of Spots, A-25-54 WQYK-FMIAM SAT-SUN 11A-3P 5x 1.6 MON-FRI 7A-3P 5x 2.5 MON-FRI 3P-5P 3x 1.9 MON-SUN 6A-11P 7x 1.8 WEEKLY TOTAL 20x 38.8 WWRM-FM/ MON-FRI 6A-10A 3x 3.6 WCOF-FM MON-FRI 10A-3P 3x 4.6 MON-FRI 3P-7P 3x 3.2 MON-FRI 6A-12A 9x 3.1 WEEKLY TOTAL 18x 62.1 WMTX-AF SAT-SUN 7A-8P 5x 1.3 MON-FRI 6A-7P 5x 2.7 MON-FRI 6A-12A 5x 2.2 News Billboards MON-FRI 6A-930A 5x 0.0 WEEKLY TOTAL 20x 31.0 WYUU-FM MON-FRI MON-FRI MON-FRI MON-FRI WEEKLY TOTAL WEEKLY GRAND TOTAL 6A-10A 10A-3P 3P-7P 6A-12A 44 3x 3x 3x 6x 15x 88x 1.7 1.8 1.3 1.3 22.2 154.1 CosE $90 $200 $230 No charge $2,140 $330 $330 $330 No charge $2,970 $60 $240 $40 No charge $1,700 $100 $100 $100 $10 $960 $7,770 Un -.. ORGANIZATIONAL STRUCTURE/ MARKETING ADMINISTRATION The Information Management Department will direct the City's marketing programs. In doing so, protocols of interdepartmental activities will need to be established. A written protocol manual will need to be constructed and distributed to all City Departments involved. Contents should include: 1. Directory of Personnel Identify the appropriate staff within the Information Management Department - their title, their function, location and phone number. 2. Directory of Services List the marketing elements that must be coordinated through the Information Management Department, e.g., media purchases, brochures, press releases, stationery, presentation materials, etc. 3. Marketing Plans While some departments will only require occasional assistance with flyers, stationery, etc. others will require on-going services and more involved planning. Each department should be reviewed prior to development of the City's annual budget each year. An assessment of needs should be made and, at that time, a written marketing plan be developed for each department, regardless of its extent. Once each has been prepared, a master marketing plan can be created which will serve as an annual work plan, forecasting upcoming projects for scheduling by the Information Management Department. Working from a master plan will provide for efficiencies in production, synergistic planning, consistent messages and continuity in use of graphics, and provide for duality control. 4. Graphics Standards A graphics standards program should ,be initiated. A written manual will serve as a guideline for such things as logo usage, color specifications, type faces and sizes, paper stock, etc. This will provide consistency when designing and producing materials. 45 1 ,,. Elements subject to standardization should be identified such as stationery or public notice advertising. Specifications for all elements should be detailed in the manual. i S. Program Administration As work is requested by various departments, a requisition number will be used to account for the work against the department's appropriate budget. For departments requiring on-going marketing activities, monthly status meetings are suggested to keep current with needs, monitor ;.. budget expenditures, and to provide proactive, market responsive programs. During special, promotional periods, more frequent meetings will likely be required and should be initiated by Information Management . 6. Outsourcing The department will prioritize tasks and will determine in-house capability to complete projects in terms of time, talent, and equipment. At times, outsourcing may be necessary when projects require quick turn around, more sophisticated equipment, creative or strategic skills not available within the department. Information Management will be responsible for securing and coordinating projects with outside vendors. 46 Y MARKETING ELEMENTS 1995/96 BUDGET $50,000 Florida Trend supplement 2-page spread ad creative 1/4-page vacation getaway ad creative for May Recruitment Advertising ............................................35,000 Master literature brochure ..........................................15,000 with inserts for: CRA - 20 year plan C-View Citywide Economic Development International Small Business Loans Business Development Services City Public Quad/Park Lake inserts Logo ....................................................................................2,000 Graphics Standard Manual Directory of Services Web Page Economic Development Video Public Relations Direct Mail (letters with brochures) Utility Stuffers C-View Education Programs Small Bus. Loans/Int'l./Small Bus. Dev. 20 Year Plan (from Video) Kiosk TOTAL ........................................................................... $52,000 47 -JEz X X X X X X X X X X X X X X o:. MARKETING ELEMENTS 1996/97 Recruitment Advertising ............................................50,000 Media Creative ................................................... .......5,000 Literature Development Harborview Expansion insert/ marketing materials ..............................................5,000 Relocation/ Expansion Sites insert X Tourism Brochure /Directory ...............................20,000 Web page update X C-View Awareness Campaign ...................................35,000 i Media Creative ..........................................................7,000 Tent Cards X Public Relations/PSA advertising X Utility Stuffers X i Tourism Media Campaign .......................... .,....... ..300,000 (Summer 1996) Media Creative .................................................... ....35,000 Direct reservation line X Brochure distribution/ advertising ....................... ......4,000 TOTAL ......................................................................... $461,000 48 i d .- .. .. .. -. ? ...w. i .?. •,t?;'i?>l.; 1:. ^;?<2h ?R:u -??C.?y7 iftF [ j .• i MARKETING ELEMENTS x997/98 From Bud Recruitment Advertising .............. .............60,000 7: - Recruitment - Creative 3 I' ' Literature Update/Reprints ................ ..20,000 Web page update Utility Stuffers Tourism Media Campaign .............. ................... ...350,000 Tourism Creative .................................................35,000 f. Tourism Brochure reprints .............. ..6,000 Tourism Brochure distribution /advertising ............ 5,000 Video Update (Tourism /Economic Development) Public Relations/PSA Advertising Directory of Services TOTAL .........................................................................$476,000 49 :a ?R Jt i? I7?lT? 4 ITEM F?'. Irl?, ?? . E ?J MEETING DATE ? (LJq. ? S I Persons wishing to speak before the Commission at the beginning of the meeting under "Citizens to be Heard regarding Items not on the Agenda" must pre-register with the City Clerk Department prior to 6:00 p.m. on the day of the meeting. A maximum of ten people (8 minutes per person) will be heard at this time in the order in which they register. Those persons wishing to pre-register PLEASE PRINT your name and address below: NAME ADDRESS 1. q` g (-7( 1W . 94 6. 7. 8. 10. 2. 3. 4. 5. 9. Persons who are not pre-registered and wish to speak before the Commission may do so after the public hearings. CJ 5 B HARRY P. MEIER P.O.Box 3393, Clearwater, FL 34630.8393 October 12, 1995 City of Clearwater. City Commission c/o Ms. Cynthia E. Coudeau, CMC City Clerk City of Clearwater P.0.8ox 4748 Clearwater; FL 34£18-4748 Re.: SV 95-15, High and Dry Marina, Inc. -- Variance Dear Ms. Coudeau, Since I will be unable to attend the City Commission hearing on October 19, 1995, I would line to comment on the above matter in writing. I see no reason whatsoever for the High and Dry Marina to receive special treatment of any sort. They should live by the same rules that all of us here on Island Estates have to live by. They are already receiving privileges by being allowed to pollute the neighborhood and flood the area with excessive noise. Therefore, I oppose the approval of the variance and kindly ask you to reject the request. Thank you for your consideration. Yours truly, M Clearwater City Commission Agenda Cover Memorandum item # Meeting Date: -- (o. 1q ,G15 SUBJECT: Variance to the Sign Regulations; 202 Windward Passage; High and Dry Marina, Inc./High and Dry Marina (Owner/Applicant); Bryce Armston (Representative). (SV 95-15) RECOMMENDATIONNOTION: Deny an area variance of 272 square feet from the permitted 64 square feet to allow 336 square feet of attached signs, on property identified as Island Estates of Clearwater, Unit 5, Block D, Lots 10 through 13, part of Lot 9, and vacated street an the north and cns+, for failure to meet Sec. 45.24 Standards for Approval, items (1)-(4). 17 and that the appropriate officials be authorized to execute some. BACKGROUND: The applicant is requesting an area variance of 272 square feet from the permitted 64 square feet to allow 336 square feet of attached signs. The subject property is located on the northerly side of Windward Passage, west of Larboard Way, and is in the General Commercial zoning district. The variance is requested to permit the attached signs facing Windward Passage to remain. Pertinent summary information is listed in the following table. Information Existing Permitted Type of signs Attached Yes Locationlorientation of signs Windward Passage Yes Area 336 sq. ft. 64 sq. ft. Reviewed by: Originating Dept: Costs: S N/A---. Commission Action: Legal _ N/A CENTRAL P RMi ING Total © Approved Budget N/A _ Purchasing N/A t ? Approved w/conditions Risk Mgmt. N/A T- User Dept: Current Fiscal Yr. ? Denied CIS N ? Continued to: ACM Funding Source: CRT ? Capital Imp. Advertised: A Operating Attachments: Onto: Other APPLICATION Paper: Tampa Tribune VARIANCE WORKSHEET O d i MAPS Not Requ re Submitted by: Affected Parties ? None ® Notified Appropriation code: E3 Not Required ger City M %0 Printed on recycled paper SV 95-15 Page 2 Staff Do m en Pr Conditions: The High and Dry Marina is identified with large lettering on the south face of the building. The "High and Dry Marina" sign has an area of 252 square feet. The "Marine Sales" sign has an area of 84 square feet. Together, the signs have an area of 336 square feet. This is more than five times the 64 square feet permitted by code. The applicant contends the building width constitutes grounds for variance approval because the existing signs are proportionate to the scale of the development. The applicant also contends the multifaceted business operations of the marina are grounds for variance approval. Staff does not concur that the building width or business operations support variance approval inasmuch as conforming signs would adequately serve to identify this property from the street right of way. The building is in close proximity to the right of way; it is set back approximately 20 feet. When viewed from the adjoining right of way, the building appears massive - and the signs do too. In fact, the signs are sufficiently sized to be plainly visible from Memorial Causeway located 700 feet away. The sign code was designed to allow properties and businesses to be identified from the adjoining right of way. Signs placed in conformance with the code would accomplish this. Furthermore, the existence of different business operations appears to be a moot point in this case. It is not evident that the applicant has any interest in or need to identify the different business operations that occur on this property. The variance is requested to maintain the existing nonconforming signs which clearly do not attempt to identify the different operations. It is staff's position there are no special circumstances applicable to support approval of the requested variance. While it may be advantageous for the applicant to advertise this business to motorists on Memorial Causeway, it is not necessary to make reasonable use of this land. Furthermore, it is not in the public interest to place signs that are designed for viewing across Clearwater Harbor on a property that can be suitably identified from the adjoining public right of way. SURROUNDING LAND USES Direction Existing Land Uses North Clearwater Harbor South Vacant East Condominiums West Marina Attached signs yielding an area of,336 square feet, or five times the code allowance, will detract from properties that have conforming signs and will negatively affect the appearance of the community. 5V 95-15 Page 3 Anpligablg 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 does not meet 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 95-15 Page 4 R levan Previ D cisi ns he ommission: ATTACHED SIGN AREA CASE # ADDRESS NAME VARIANCES REQUESTED/ACTION MEETING DATE SV 92-19 27001 U.S. 19 J.C. Penney Co. 329 sq. ft./Denied 10/15/92 SV 92-42 714 Cleveland St. Trickel Jewelers 70 s q. ft./Approved 2/9/93 SV 93-73 2200 Gulf to Bay Goodyear Auto 136 s q. ft./Denied 11 /9/93 SV 93-37 20505 U.S. 19 Burdines 185/185 s q. ft./Denied 1/24/94 SV 93-32 20505 U.S. 19 Poston's 194 s q. ft./Approved 2/7/94 SV 93-49 1420 S. Missouri Good Rentals 22.6 s . ft./A roved 2/7/94 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 q. ft./Approved 4/19/94 SV 92-90 423 East Shore Olympia Motel 51.6 s q. ft./Denied 4/27/94 SV 93-65 24791 & 24826 U.S. 19 Ken Marks Ford 128 sq. ft./Approved 6/16194 SV 94-26 110 Island Way Island Estates Realty 8.8 sq. ft./Approved 8/4/94 SV 94-35 2907 S.R. 590 Johnny's Italian Restaurant 8 sq. ft./Approved 11 /3/94 SV 95-11 249 Windward Passa e* Marine Science Center* 122.3 sq. ft./Approved* 3/2/95 SV 95-14 675 S. Gulfview Continental Towers 10 sq. ft./Approved 3/16/95 SV 95-20 387 Mandalay Ave. Lappert's lee Cream 4.8 sq. ft./Approved 4/20/95 SV 95-17 2495 Gulf to Bay Builder's Square 102.25 s q. ft./Approved 5/4/95 SV 95-32 1801 Sunset Pt. Rd. Majik Market 28.4 sq. ft./Denied 16 s q. ft./Approved 7/20/95 SV 93-68 25749 U.S. 19 Savings of .America 37 sq. ft./Approved 8/3/95 SV 95-31 387-1/2 Mandalay Ave. Wedgwood House Estate Jewelers 11.5 sq. ft./Approved 8/17/95 SV 95-38 1284 S. Missouri Art Warehouse 64 s q. ft./A proved 9/7/95 * Unlike the High and Dry Marina, the Clearwater Marine Science Center has no frontage on Windward Passage. VARIANCE WORKSHEET - CASE NUMBER SV 95-15 STAIIII)AF t1 FOR VAMAIRM APPWVAL (1) There are special circumstances related to the particular physical surroundings, shape or topographical condhions applicable to the land or buildings, and such circumstences are peculiar to such lend or buildings end do not apply generally to the lend or buildings In the applicable zoning district. STAFF FUIDIHOS The High and Dry Marina In Identified with large lettering on the south Inca of the building. The "High and Dry Marina" sign has an area of 282 square feat. The "Marine Saks" sign has on area of 84 square feet, Together, the signs have on area of 339 squats feet. This Is mare then five times the 64 square foot permitted by code. The applicant contends the building width constitutes grounds for variance approval because the existing signs are proportionate to the scale of the development. The applicant also contends the multifaceted business operations of the marine are grounds for variance approval. staff does not concur that the building width or business operations supper: variance approval Inasmuch as conforming signs would adequately serve to Identify this property from the street right of way. The building Is In close proximity to the right of way, the front setback Is approximately 20 feet. When viewed from the adjoining right of way, the building appears massive • and the signs do too. In fact, the signs are sufficiently sized to be plainly visible from Memorial Causeway located 700 feet away. The sign code was designed to allow properties and buzlnessos to be Identified from the adjoining tight of way. Signs placed in conformance with the code would accomplish this. Furthermore, the existence of different business operations appears to be a moot point In this case. It Is not evident that the applicant has any Interest In or need to Identify the different business opsratkns that occur an this property. The variance is requested to maintain the existing nonconforming signs which clearly do not attempt to identify the different operations. It Is staff's position there are no special circumstances applicable to support approval of the requested variance. While it may be advantageous for the applicant to advertise this business to matotists on Memorial Causeway, It 6 not necessary to male reasonable use of this tend. Furthermore, It Is not In the public interest to place signs that are designed for viewing across Clearwater Harbor on a property that can be suitably Identified from the edjcinlng public right of way. 121 The strict application of the provisions of the code would signs placed In conformance with the code would Identify deprive the applicant of the reasonable use of the land or this property from the adjoining street right of way and would buildings. provide for a reasonable use of this land. 11 131 The variance is not based exclusively upon the desire for economic or other material gain by the applicant or owner. Absent any conditions unique to this property. It appears ttat the variance Is based primarily upon a desire of the applicant to secure a greater financial return from the property. 141 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. 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. The granting of this variance appears to be In violation of this Intent. , ,. , June 12 , 1995 YIT>C HIGH & DRY MARINA 202 WINDWARD PASSAGE CLEARWATER, FLORIDA 34630 (813) 443-0637 Stephen C. Sarnoff City of Clearwater Central Permitting Dept. 10 S. Missouri Ave. Clearwater, F1. 31618 Dear Mr. Sarnotf Confirming our conversation today. I ain writing to suggest some amendments to high and Dry Marina's sign variance application. 1 . liigh and Dry Marina is in unique posi tioii in that whi le it has frontage on Windward Passage, Windward Passage is a dead end road who's only traffic is those Who already ar•e aware of high and Dry Marina. 'T'here is virtually no other traffic. To be of any use, our signage must be visible to the Memorial Causeway. Our situation is similar to a Shopping Mall with the long distance to the adjacent roadway. Aren't they allowed more signage area. 2. high and Dry Marina is severa i busi messes i ri one. We current ly hold r,,;rtrprit iona l licenses for Boat Storage, boat Ropairs raid Set-vice, and Boat Dealer. Each of these activities arr! conducted in esoparaLe areas. I undevsLa u.r that under the right cir-c:unr:stance:s each or these use-_i would be entitled Lo a `.3i1?11 al Iowanca LhE; &I iuwt:ci : qudr-e roor-age Into the main high and Dry Marina/Marine Sales sign gives a unified appearance to the property. 3. High and Dry Marina is willing to remove the free standing sign that is allowed. ,,t. 'n,,e exigLL't1ce of the signz-ge would not, be detrilnc,rit, to, the surrounding pi oport ies. Already Lhe Marino Sc:ience C:et,Let, ha%i been granted a vat-lance for its sip nago LhaL faces OottLh, arid Llie center has a. free standing sign facing Windward Passage, a directional esigii on Island Way, and another on the, west traveling l antra on Memorial Causeway. .1 will follow up or: the:.;C. id;-l.: th lipoti ins rt*tr.rrr? at the end of the month. Crsiit?Q ere 1 y ?B r mston High and Dry Marina .f}• ?? JUN 15 1995 CENTRAL PERMITTING CITY OF CE.I~fiRkVATER August 24, 1995 Stephen Sarnoff City of Clearwater 10 S. Missouri Ave. Clearwater, Florida Dear Mr..Sarnoff HIGH & DRY MARINA 202 WINDWARD PASSAGE CLEARWATER, FLORIDA 34630 (813) 443-0637 34618 As requested I am furnishing you with further information on distinct and separate business operations at High and Dry Marina. Boat Repair Shop: a separate building with over 47 feet of frontage on longest side. Parts Sales: another separate building with 40 feet of frontage on the longest side. New and Used'Boat Sales: this business is conducted in the store front glass area facing Windward Passage at the west end of the main building. There is 54 feet of frontage facing south and 48 feet of frontage facing west devoted to this activity. Ships Store/Fuel Sales: this business is conducted in the storefront area facing north and west at the west end of the main building. There is 39 feet of frontage facing north and 32 feet of frontage facing west. Boat Storage: this business is conducted in the main building fronting can Windward Passage. There is approximately 372 feet of frontage facing south. Attached is a site plan of the property showing the locations of the different businessess. Each of these businesses are separate and distinct. It is very common today that Marina owners lease out the areas used for each of these operations and tenants conduct the business under individual occupational licenses and different business names requiring different signage. Many marinas in this area do just that. High and Dry Marina is in the unique situation of conducting all these activites in house. It would only be fair and just for High and Dry Marina to be allowed the same signage area that others would be allowed. With a fair allowance of signage based on the different business usages, our request to combine the different allowances and f+tvh...na.2. ?.•?t1..rS :.{..-`•r'.. .?+. .. .__ ... .r -?... .. .. , ..? '. "•„'fl,+v a...w.r7 rl ' receive a small additional area variance does net seem like a huge request. Please let me, know what you think. ??':... S?erely Bryce Armston r:. I31'. c- I. " '7 -J '?`? AUG' 2 8 1995 '?--? CITY OF CLEARWATER q SV R # (02 SIGN VARIANCE APPLICATION 9.5-15 ?? IS?gS PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: All 6- el- &2L110 7 - .z 1 4 ' a o wfl 4 4 G +a 4a TELEPHONE: (8'/3) Slf?3 - OG s 2 TELEPHONE: N Y/3) •1ri1 _ .. .. . ADDRESS OF SUBJECT PROPERTY: ?e dvrf NAME OF BUSINESS (IF APPLICABLE); ZONING DISTRICT: if J5' _ LAND USE CLASSIFICATION: r C G LAND AREA: LEGAL DESCRIPTION OF SUBJECT PROPERTY: .5 C? f}zzj:c PARCEL NUMBER: ! 5 ?? (¢?? ! f (This information is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 462-3207. If more than one parcel number, attach 81h x 11 inch sheet) J DESCRIBE SURROUNDING USES OF PROPERTY: North'- C t 'e-_r At'-0 472-7 QX-1? -. ^ South: V i2 r-,,fw7- VARIANCE(S) REQUEST: East: e d w0d J West: c P.4??u7"7Z-?eh- r(1QoZ[19,7ve- e 2 Z S 3 S 17- r.? c 7ltJ? - Zrlc .? fist 5 ! /1?/?f Ta .ti. r REASON FOR REQUESTING VARIANCE(S): (Refer to Standards for Approval, next page) !IG" IC??r ! ! y ' ?.` !'7c_C?t?T!%y? jT?+O ., n .W U O. V ?G S S c c r _ / t t e e ?c 7"f?/3 f>4 fZ r 40-71 c?e c.u e i e ILeS 41 L 7- / •.? ! ILt. a P 17G 71 V< 'n Y--A-A- _ 14=75 5 7-11,40 i7-A nr?,?,- f ?3.If y I?- L C741>.. G4?LS 7?. ... ??? , ?r ,? ? - 1.1??2-_ ,. ..? _ ... ?. 1L? lkG is.r ,..r /? lr.,yrr/-t f 4 / f'/1 a/?d K -- j .., 7ZO % /?c 4r !G V iw S .? ?rU E'i??s N rNC? c. u 77-Crr-?-A Do C. '7r? T"/r`c- d ?r r s? /1 ls?uLt? L?ss 7 e c 4 Z-rC5%- c?P Q / L c k c _Tflr?rs?` ('1Lw r-d rG ? *-?? 4 4 ? 11 LU yuut~???cG? vc:c.?-c.J7??c?cs , ob'? 3a-S? ? pr' a;?rft=2 si??c? CONTINUED ON REVERSE SIDE r STANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application and evidence presented clearly support the following conclusions: ' S (1) Thare are spacial 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 thn reasonable use of the land or. buildings. (3) The variance is not biased exclusively upon a desire for economic or other material gain by the applicant or owner. (4) The granting of the variance will he 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. sIGNAT RE OF PROPER N REPRESENTATIVE OR BUSINESS OWNER) ?' - Sworn to and subscribed before me this day of C e/Z A.D., 1.9 by _Tr e, who is personally known to me' and/or has produced as identification. STATE~ OF FLORIDA, COUNTY OF !1 ?•?L??S Notary Public, Commission No. iI :M * ~QL? MY Convnrasion 0005070 } Expke* Mar, is. I Dua +,'?? G-iodbyANB (Name of Notary typed, printed or stamped) .,f of KID%, aW-852-WO ?O I S S r J: i 1 L .. L 4 ? u~ V y? v4 J? 3 -' a 2 ? s a < 'n u o p N ? N a aZ Z ? ? i U ' .l OD ?y n M !V ti h C?. w !? i Q v ?rl I 4 3 j 4 ?.+_?_. . .. .-ry •?4 ???r`V?.+Mq rA?w?. aria - ..• 1? ?V Lam/, tf190 o U3 4- i N R? CD - I 0 , bpi ..r ?34A 25- 17 , X 24 ? ,?;: -' ., _ •-- b .n _ ? k??Y :21 22 23 06 ch POST $ '-'DOLPHIN ..:.COVE CONDO 20--58 '10 - RM 2 b0 C 113/08 DORY 011111111111111111 r 10 14, { w 1100 D rr owNe f 11 C' s 7 12 ?sp '5>I--1879 .?? ,20 0 ?5 ti?cr p ti 1c 13/02 D 0 J- -61 Qtp,?,?, ? 2 X95 ? ?. 4 ?0 11 a ?. t ! o I& s aa-i? 631. 799 f {.,Ii, >rt 381•-361 9 13/07 7 i :''SIGN VARIANCE' REQUEST NAME: HIGH AND DRY MARINA, INC. / ARMSTON SV # 95-15 PUBLIC HEARING DATE : APRIL 6, 1995 ATLAS PAGE: 2678 SEC: 28 TWP: 29 S RGE: 15 E CLEARWATER CITY COMMISSION . • .. .... w ~ r 4 E ? Item#_ Clearwater City Commission Meeting Date: G Agenda Cover Memorandum 16, t9-9 5 SUBJECT: Variance to the Sign Regulations; 2530 McMullen Booth Rd.; John Hancock Mutual Life Insurance Co./Northwood Plaza and Republic Bank (Owner/Applicant); Todd Pressman (Representative). (SV 95-42) RECOMMENDATION/MOTION: Deny the following variances: (1) a variance of one freestanding sign to permit an additional freestanding sign, 52.9 square feet in area and 16.2 feet high, along Enterprise Rd., and (2) an area variance of 12.5 square feet from the permitted 24 square feet to allow attached signs with a total area of 36.5 square feet, on property identified as Sec. 28-28-16, M&B 33.02, for failure to meet Sec. 45.24 Standards for Approval, items (1)-(4). Approve the following variances: (1) a variance of one freestanding sign to permit an additional freestanding sign, 24 square feet in area and 8 feet high, along Enterprise Rd., (2) a separation variance of 195 feet from the required 300 feet to allow freestanding signs 105 feet apart along Enterprise Rd., and (3) a separation variance of 135 feet from the required 300 feet to allow freestanding signs 165 feet apart along Eastland Blvd., on property identified as Sec. 28-28-16, M&B 33.02, 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) a variance of one freestanding sign to permit an additional freestanding sign, 52.9 square feet in area and 16.2 feet high, along Enterprise Rd., (2) a separation variance of 195 feet from the required 300 feet to allow freestanding signs 105 feet apart along Enterprise Rd., (3) an area variance of 12.5 square feet from the permitted 24 square feet to allow attached signs with a total area of 36.5 square feet, and (4) a separation variance of 135 feet from the required 300 feet to allow freestanding signs 165 feet apart along Eastland Blvd. Reviewed by: Originating Dept: Costs: f N/A Comaission Action: Legal N/A CENTRAL P TTING TotaL 13 Approved Budget NIA E A roved w/conditions 13 N/A Purchasin S pp g Risk Mgmt. NIA User Dept: Current fiscat Yr. 13 Denied cis N LA ? Continued to: ACM Funding Source: CRT ? Capital Imp. Advertised: ? Operating Attachments: Date: ? Other APPLICATION Paper: Tampa Tribune VARIANCE WORKSHEET d t R ? N i MAPS o re equ Submitted by: Affected Parties Appropriation Coda: 13 None ® Notified ? Not Required an a r Ci t 0 Printed on recycted paper SV 95-42 Page 2 The subject property is Northwood Plaza. It is located on the west side of McMullen Booth Rd., bounded on the north by Eastland Blvd., on the west by Landmark Dr., and on the south by Enterprise Rd. The Northwood Plaza development consists of a shopping center and an office park. The shopping center is zoned Commercial Center and the office park, of which the Republic Bank is a part, is zoned Limited Office. The first three variances enumerated in the preceding paragraph are to allow the Republic Bank signs, freestanding and attached, to remain. The fourth variance is requested to allow placement of a new auxiliary sign for Northwood Plaza along Eastland Blvd. Pertinent summary information is listed in the following tables. REPUBLIC BANK SIGNS Freestanding Sign. Attached Signs Information Existing Permitted Existing Permitted Type of sign Freestanding No additional Attached Yes sign freestanding signs sign permitted Location/orientation of sign Enterprise Rd. No additional Enterprise Rd. Yes freestanding sign permitted Area 52.9 sq. ft. No additional 36.5 sq. ft. 24 sq. ft. freestanding sign permitted Setback 5 ft. No additional Not applicable Not applicable freestanding sign permitted Height 16.2 ft. No additional Not applicable Not applicable freestanding sign permitted Separation 105 ft. from 300 ft. from Not applicable Not applicable auxiliary sign auxiliary sign, if variance is approved to L allow additional sign SV 95-42 Page 3 NORTHWOOD PLAZA FREESTANDING SIGNS - EASTLAND BLVD. Primary Freestanding Sign Auxiliary Freestanding Sign --j Information Existing Permitted _ Proposed Permitted Type of sign Primary freestanding sign Yes Auxiliary freestanding sign Yes Location/orientation of sign Eastland Blvd. Yes Eastland Blvd. Yes Area 150 sq. ft. 150 sq. ft. 12 sq. ft. 75 sq. ft. Setback 3 ft.* 5 ft. 5 ft. 5 ft. Height 20 ft. 20 ft. 5 ft. 16 ft. Separation 165 ft. from auxiliary sign 300 ft. from auxliary sign 165 ft. from primary sign 300 ft. from primary sign un August L4, ! :jy5, a minor se[DaCK variance was aoministrativeiy granted. Staff Comments/Proposed Conditions: Variances are requested for the Republic Bank freestanding and attached signs. A variance is also requested for the Northwood Plaza freestanding signs proposed for Eastland Blvd. Republic Bank Freestanding-Sign Northwood Plaza is allowed-a 150 square foot, 20 foot high sign along Enterprise Rd. Also, since the property's frontage on Enterprise Rd. is greater than 500 feet, a second, or auxiliary, sign is allowed. The auxiliary sign is permitted up to 75 square feet in area and 16 feet in height. Presently there are two freestanding signs on this property along Enterprise Rd. Republic Bank is identified on one sign and Northwood Plaza is identified on the other. The Republic Bank sign is 52.9 square feet in area and 16.2 feet high. The other sign, the Northwood Plaza sign, will be removed and replaced with two new signs. The primary Northwood Plaza sign on Enterprise Rd. will be located at the east driveway near the Sun Bank. It will be 73.5 square feet in area and 14.2 feet high. The auxiliary Northwood Plaza sign will be located at the west driveway near the Republic Bank. It will be 31.9 square feet in area and 7.9 feet high. The placement of these two new signs will exhaust the freestanding sign allowance along Enterprise Rd. and will render the existing Republic Bank sign completely nonconforming. Two variances are requested to allow the Republic Bank sign to remain. First, a variance is requested to allow a third freestanding sign along Enterprise Rd. Second, a separation variance is requested to allow the auxiliary sign for Northwood Plaza 105 feet from the Republic Bank sign which is 195 feet less than the 300 feet required by code. SV 95-42 Page 4 There are special circumstances to support a variance for an additional freestanding sign and a variance for separation distance. There are not, however, circumstances to support allowing the Republic Bank a sign as large as 52.9 square feet or as high as 16.2 feet. This is more than double the area and height normally allowed. Within Limited Office zones, freestanding signs are permitted an area of 24 square feet and a height of 8 feet. Furthermore, if the existing sign is allowed to remain, this bank will be privileged with a superior advertising advantage over the bank " next door. Located adjacent and west of the Republic Bank is the Barnett Bank. Barnett Bank is a not part of Northwood Plaza; it is a separate property. Like Republic Bank, Barnett Bank is zoned Limited Office. But Barnett Bank has a sign that conforms to code. It is 20.8 square feet in area and 7.8 feet high. Republic Bank has a need to be on equal footing with its competitor next door. That is, Republic Bank needs a freestanding sign. However, there is no compelling reason to grant a variance for a larger or higher sign than Barnett Bank would be allowed. A sign for Republic Bank with a maximum area of 24 square feet and a maximum height of 8 feet would be appropriate in light of the existing uses and conditions. Furthermore, a separation of 105 feet between a 24 square foot, 8 foot high Republic Bank sign and a 31.9 square foot, 7.9 foot high Northwood Plaza auxiliary sign will not create an adverse spatial relationship. Republic Funk Attached Signs Republic Bank has two attached signs. The sign on the east face of the building is 18.5 square feet. The sign on the south face of the building is 18 square feet. Together, the two signs have an area of 36.5 square feet. The maximum allowed is 24 square feet. A variance of 12.5 square feet is requested to allow the sighs to remain. The applicant contends that the attached signs must be oriented in two directions on this building in order to be effective. Staff does not concur. The code provides additional sign area for buildings oriented to two or more major thoroughfares, but the Republic Bank building is not. There are many businesses throughout the City that are similarly situated to the Republic Bank, and which have effective signs that conform to code. Furthermore, the variance is not a minimum variance. The area requested is a 52% deviation from the code. There are simply no special circumstances to support approval of this variance request. Northwood Plaza Signs- Eastland Blvd. Two freestanding signs are proposed along Eastland Blvd, for Northwood Plaza. Both conform to the area and height allowances. The primary sign will be 150 square feet in area and 20 feet high. The auxiliary sign will be 12 square feet in area and 5 feet high. These two signs will not, however, be separated by 300 feet as the code requires. The auxiliary sign will be located at the east driveway near the First Union Bank. The primary sign will be located 165 feet away, generally centered between the east driveway and the next driveway to the west. There are special circumstances that favor approval of this separation variance. The primary and auxiliary signs will not be crowded. The 12 square foot area and 5 foot height of the auxiliary sign is extremely modest. The spatial relationship of this sign with'r?,`rarger primary sign will be comfortable to the eye. There will be no adverse effect produced by spacing these signs 165 feet apart. SV 95-42 Page 5 SURROUNDING LAND USES Direction Existing Land Uses North Offices, condominiums South Shopping center East Shopping center West Single family Allowing a 24 square foot, 8 foot high freestanding sign for Republic Bank, 105 feet from the Northwood Plaza auxiliary sign on Enterprise Rd. and, also, allowing the Northwood Plaza freestanding signs on Eastland Blvd. to be separated by 165 feet, will not detract from businesses and properties that have conforming signs and will not adversely affect the appearance of the community. 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 to allow the existing Republic Bank freestanding sign to remain with an area of 52.9 square feet and a height of 16.2 feet does not meet the standards. Furthermore, staff finds that the petioner's request to allow the Republic Bank bank attached signs to remain with an area of 36.5 square feet does not meet the standards either. 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 95-42 Page 6 Relevant Previous Decisions by the Commission: NUMBER OF FREESTANDING SIGNS CASE # ADDRESS NAME VARIANCES MEETING REQUESTED/ACTT DATE ON SV 93-59 26810 & 26812 Rehabworks, 2 freestanding 2/7194 U.S. 19 N. Inc./Doctor's Walk- signs/Denied In Clinic SV 93-83 2100 & 2130 Gulf K-Mart!Payless 2 freestanding 217194 to Bay Blvd. signs/Approved SV 92-95 23988 U.S. 19 N. Chevron/Dunkin 2 freestanding 1124194 Donuts si ns/A roved SV 93-75 24639 U.S. 19 N. Vacant (formerly 2 freestanding 9/15194 First Florida Bank signs/Approved with Parkside Office Complex behind) SV 94-39 2040 N. E. Klein & Heuchan, 2 freestanding 1211/94 Coachman Rd. Inc. signs/ A roved SV 95-02 1264-1274 Economy Inn/Big 2 freestanding 1119195 Cleveland St. Apple Family signs/Approved Restaurant SV 95-12 1060 Gulf Blvd. I Sand Key Park i 2 freestanding 3/16195 1 - - --- si ns/A roved SEPARATION CASE # ADDRESS NAME VARIANCES MEETING REQUESTED/ACTION DATE SV 93-67 26338 U.S. 19 Criterion Center 205 ft./Approved 217/94 SV 93-42 25485 U.S. 19 Dimmitt 12 ft./Approved 3/7194 Chevrolet SV 93-65 24791 & Ken Marks Ford 169 ft./Approved 6116/94 24826 U.S. 19 SV 94-29 1520 McMullen NationsBank 250 ft./Denied 9/15/94 Booth Rd. 140 ft./Approved SV 95-16 18421 U.S. 19 Wend 's 90 ft./Approved 4/6195 SV 95-42 Page 7 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 219/93 Jewelers SV 93-73 2200 Gulf to Bay Goodyear 136 sq. ft./Denied 1119193 Auto SV 93.96 1499 Gulf to Bay Barnett 43.5149.5 sq. ft./Approved 1124194 Bank SV 93-49 1420 S. Missouri Good 22.6 sq. ft./Approved 217194 Rentals SV 93-106 704 Court St. Workbench 7.9 s q. ft./Approved____. 3121194 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 4/27/94 Motel SV 93-65 24791 & 24826 Ken Marks 128 sq. ft./Approved 6116194 U.S. 19 Ford SV 94-26 110 Island Way Island 8.8 sq. ft./Approved 814194 Estates Realt SV 94-35 2907 S.R. 590 Johnny's 8 sq. ft./Approved 1113194 Italian Restaurant SV 95-14 675 S. Gulfview Continental 10 sq. ft./Approved 3116195 Towers SV 95-20 387 Mandalay Lappert's 4.8 sq. ft./Approved 4120195 Ave. Ice Cream SV 95-17 2495 Gulf to Bay Builder's 102.25 sq. ft./Approved 514195 Square SV 95-32 1801 Sunset Pt. Majik 28.4 sq. ft./Denied 7120195 Rd. Market 16 s q. ft./Approved SV 93-68 25749 U.S. 19 Savings of 37 sq. ft./Approved 813195 America SV 95-31 387-1/2 Mandalay Wedgwood 11.5 sq. ft./Approved 8/17/95 Ave. House Estate Jewelers SV 95-38 1284 S. Missouri Art 64 sq. ft./Approved 917195 Warehouse VARIANCE WORKSHEET - CASE NUMBER SV 95-42 STANDARDS FOR VARIANCE APPROVAL 11) There are special circumstances related to the particular physical surroundings, shops or topographical conditions applicable to the lend or buildings, and such circumstances are peculiar to such lend or buNdings and do not apply generally to the land or buildings In the applicable zoning district. 12) The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or buildings. 13) The variance is not based exclusively upon the dealre 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 comprehnnslva plan and will not be materially Injurious to surrounding properties or otherwise detrimental to the public welfare. STAFF FINDC%QS Republic Bank Freestanding Sign There are special clreurnstunces to support a variance for an additional freestanding sign and a variance for separation distance. 'there are not, however, circumstances to support allowing the Republic Bank a sign as large as 52.9 square feet or as high an 10.2 feet. This Is more than double the area and height normally allowed. Within Limited Office zones, freestanding signs are permitted an area of 24 square tent and a height of 8 Joel. Furthermore, If the existing sign Is allowed to remain, ibis bank will be privileged with a superior advertising advantage over the bank next door. Located adjacent and west of the Republic Bank Is the Barnett Bank. Barnett Bank is a not part of Northwood Plaza; It Is a separate property. Like Republic Bank, Barnett Bank Is zoned Limped Office. But Barnett Bank has a sign that conforms to code. It is 20.8 square fast In area and 7.8 feet high. Republic Sank has a need to be on equal footing with Its competitor next door. That Is. Republic Bank needs a freestanding sign. However, there is no compelling reason to grant a variance for a larger or higher sign than Barnett Bank would be allowed. A sign for Republic Bank with a maximum area of 24 square feet and a maximum height of 8 feet would be appropriate in light of the existing uses and conditions. Furthermore, a separation of 105 feet between a 24 square foot, 8 foot high Republic Bank sign and a 31.9 square foot. 7.9 foot high Northwood Plaza auxiliary sign will not create an adverse spatial relationship. Republic Bank Attached Slans The applicant contends that the attached signs must be oriented in two directions on this building In order to be effective. Staff does not concur. The code provides additional sign area for buildings oriented to two or more major thoroughfares, but the Republic Bank building Is not. There are many businesses throughout the City that are similarly situated to the Republic Bank, and which have effective signs that conform to code. Furthermore, the variance Is not a minimum variance. The area requested is e 62% deviation from the code. Thera are simply no special circumstances to support approval of this variance request. Northwood Plaza Sins - Easttand Blvd. There are special circumstances that favor approval of this separation variance. The primary and auxiliary signs will not be crowded. The 12 square foot area and 5 foot height of the auxiliary sign Is extremely modest. The spatial raiatlonship of this sign with larger primary sign will be comfortable tc the eye. There will be no adverse affect produced by spacing these signs 166 feet apart. Allowing a 24 square foot, 8 foot high freestanding sign for Republic Bank, 105 feet from the Northwood plaza auxiliary sign on Enterprise Rd, and, also, allowing the Northwood Plaza freestanding signs on Eastland Blvd. to be separated by 145 feat, will not deprive the applicant of a reasonable use. Absent any conditions unique to this property, It appears that the variances to allow the existing 52.9 square foot, 10.2 foot high freestanding sign to remain and 30.6 square feet of attached signs to remain Is based primarily upon a desire of the applicant to secure a greater 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. The granting of variances to allow the existing 52.8 square foot, 16.2 foot high freestanding sign to remain end 30.6 square foot of attached signs to remain appears to be in violation of this intent, CENTRAL PERMITTING DEPARTMENT 10 S. MISSOURI AVENUE CLEARWATER, FL 34616 sv# q5-42 -0-91A5 300 121+ SIGN VARIANCE APPLICATION PROPERTY OWNERIS) NAME & ADDRESS: REPRESENTATIVE(S) (if any) NAME & ADDRESS: John HaNCOCK Mutual Life Insurance 2 Co el Place P.O. Box 111 Boston. MASS 02117 Co. Todd Pressman 28870 U.S. Hwy. 19, N. OJUU Clearwater, FL 34621 TELEPHONE. ( ) Please Use Agent TELEPHONE: J8131 726-8683-(VOTE) ADDRESS OF SUBJECT PROPERTY: 2530 McMullen-Boothe Rd. NAME OF BUSINESS (IF APPLICABLE) Northwood Plaza/Republic Bank ZONING DISTRICT: + Q'- LAND USE CLASSIFICATION: LAND AREA: a LEGAL DESCRIPTION OF SUBJECT PROPERTY: Lengthy ...as attached in deed PARCEL NUMBER: 28 1 28 16 0 0 0 0 0 330 0200 (This information is available from your tax receipt or contact Pinellas Co, Property Appraiser's Office at 4643207. If more than one parcel number, attach 8'/7 x 11 inch sheet) DESCRIBE SURROUNDING USES OF PROPERTY: North: Residential/Bank South; Shopping Center East: Shopping Center West: Residential / Bank VARIANCE(S) REQUEST: As attached CONTINUED ON REVERSE SIDE STANDARDS FOR APPROVAL- A variance shall not be granted by the City Commission unless the application and avidence presented clearly support the following conclusions: 1) There are spacial 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 root apply generally to the land or buildings in the applicable zoning district because Please sae attached' 2) -The strict application of the provisions of the code would deprive the applicant of the reasonable use of the land or -buildings because 3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or owner 11 because 4) 'The granting of the variance will be in hormony..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 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 FEE f? D DQ.,NO=PPROVAL OF THIS APPLICATION. SIGNATURE OF PROPE1 TY OWNER (OR REPRESENTA tinolude popkition ind name of oompany if w3pl,uable) Sworn to and subscribed before me this / day of LLC'tic. S A.D., 19 .? 3 by who is personally known to me and/or has produced PG35-?? ?`s -13 3- ? n'jo. 4.1 f 1319 E4 • I1? Z, as identification. STATE OF FLORIDA, COUNTY OF _ 06`2-1-145 NotaiV Public Commission No. IName of Notary typed, printed or stamped) JAtiFT S. McNIAHAN Notary Public, Stale or Ro:ida My Coma. Expires July 25,1998 F--"'No. CC-395086 (ionded Wo ct(tuui Nauru berptrr NOTE: PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING. PRESSMAN & ASSOCIATES, INC. Governrounlal Affulfs cant! PUblic Roiohons 3032 1?NTERPRISL ROAD Northwood P_l_azd/Republic Bark Variances Requested: 1) One freestanding sign to permit an additional free standing sign along Enterprise Rd., at-64-square feet in area, and at 4.6' in height. 3) 135' to permit an auxiliary sign to be spaced 165' from the main freestanding sign along Eastland Blvd. 4) 12.5 S.F. to permit 36.5 S.F. of wall signage to remain. (no clearance nor set back variances asked) f TO IT ? N A?X ( LL A. Y S j Cry TO 13? Srt?? ? u jO5 FT FROM Thi 6 M/-.f r? ?riEE s, ??fs 1 N C, ALON (r rf N TC-)Z PR I S6 VWDA L 20870 US Highway 19 N. • Sullo $300 • Cloarwater, FL 3,1621 Rhone M-726-VOTE (8683) • Fax 813-796-3975 • Pager 1-BOO.864.8444 t { UESTINW-Vr99NC ES): (Rater to StandbF i}s for Approvn4- next pn9e) Zn regard to tlae Republic Bank free standing sign: This is nowe non-conforming §iM that was brautt into non- t cr ironnit eviri wi n 4 parinnr to nnr(m r}L7r rf,e told. s(Iture footage at the entire center is balow wi-at is nonral.l.y allowed ror a site of thls nature. It IS Ox! ? <<4ift(s wc[ad design of this site with se rate buildin s that lends itself to a wl.des rmd sign- proMm, is i_s cottialed with the fact that the Thilk aplicars to have a separately located site, its on.outlzarcel, Iran the ixablic's poin x?c Li.ve anti is s:inaJ,ar in nature as aL• the many ot'iaer as L•itors in Lhg as ? r ' 1x-v t ;it this r? to the t of the use, J-5 a .bit t more intensive than i Ole N,ill. sonetimes have. `'he disparity is dramatic when the signs at the other ccm)etitiors at the comer are taken into account, yet this site does not ab86,TA*a ? ?tgg additional page) . ln.regard to the distance separation this location of business immediately are located at the Promenade area, and immediate loser t.Y,anc3aa£ du?ioltl?etnextiingresscal on that roadway. The second is necessary c point on Eastland, primarily for the main anchor, and other shops located near the main anchor. This is necessary to properly direct shoppers from the roadway, 4a.?s laceal an extr•cuic: larnlaleua in the s?assnof-1v.a.sibi7l.tytalt thersigns.a.er.erfnrrliorr?'sc:p- l:.nst~3.and will. Lend itself to a severe arated. These latter two variances are also related dslto can shapetoand d wide spread nal erLi to .f tht'. site, and many separtated lar?:i ld:i.ngs, tr the shoppes. fit e. 28870 us Highway 19 W - Suite #300 - Clearwater, Ft 34621 Phone 1313.728-VOTE (a6n) - Fax 813.796.3975 - Pager 1-BOG-464-6444 I PRESSMAN & ASSOCIATES, INC. Governmental Affairs and Public Relations M9W FR K131JESM '11 L: Vim, Can't „i In regard to the Bank wall signs, the shape of the 'building requires two directions for signage to work, and a minimum size is necessary to reach the street, and both directions or traffic. The curving and changing face of the building does not lend itself'to this needed minor visibility. In regard to the distance separation on Eastland, this is necessary due to the location of business :immediately located at that ingress point. A number of shops are located at the Promenade area, and immediate notice of their location is critical on that roadway. The second is necessary closer than 300' due to the next ingress point on Eastland, primarily for the main anchor, and other shops located near the main anchor. This is necessary to properly direct shoppers from the roadway, which has been an extreme problem in the past. Additionally, the increase in trees along Eastland will lend itself to a severe loss of visibility if the signs are further sep- arated. These'latter two variances are also related to the shape and wide spread nature of the site, and many separated buildings, that add confusion to the shoppers at the site. w. 28870 US Highway 19 N. • Suite #300 - Clearwater, FIL 34621 Phone 813.726-VOTE (8683) • Fax 813.796.3975 6 Pager 1.800-864.6444 ¦ -' .. t m . AL ESTATE MES TENT GROUP Robert }l. Coughlin Inve-ament Offsecr John Hancock Place, tt.19 frost office Box I I 1 BustoLl, MA 0:117-0111 (617) 572-3824 (617) 572-3860 FAX August 24, 1995 City of Clearwater: Please accept this communication as authority for Todd Pressman of Pressman & Associates to represent the interest of John Hancock Mutual Life Insurance Company and Republic Bank with respect to signage variances to Republic Bank and located at the property known as Northwood Plaza in Clearwater, Florida. Thant: you. 1 11 1y, Robert H. Couehtin Investment Officer STATE OF Massachusetts COUNTY OF __ suf f olk I HEREBY CERTIFY that on this 29- day of august , 19 95 , bCfore me, flerson§iy appeared Robert H. Coughlin , being known to me and acknowledged the foregoing to be hA free act and deed. WITNESS my hand and notarial seal the day and y 4r first above wri en. L I-, • Nola Public My camirussiorl expires July 5, 2002 My commission expires; i 16. -.7e5. ENTERPRISE & McMULLEN BOOTH ROAD DRAWN BY TAMPA SIGN, INC. 933-8370 OFFICE 933-7829 FAQ. 3.5 t? 10T SOOT H Wall Sign :m 117 , _ l --- c4s-ef 0 Fr GOL-ore- -? p1`11Ver- 5&SZ- M?L FMC7 OTb U GvP PSI.. 5 -7 r i TH Rb-VE ai-m r-I 0 kPA4 s a Ti 0 r i 1 LOCfO Yo t G fL-,&r, F'A)Q-'g5;2, F I Ci Tt7 P.?- PMh 2141 G I?WF?. blbr-t? F?ol^?fi ?N??3 ?!(7 ??E To I°M'S ?I? F3L,' 1 FTzO ?l? I F LL Fl • F lepublic Bank . , ILU ! t FU ? Au D z' l T9 ACOLD)??A?y THI - o TC? r ? G 7 F;: ? W-f r?oKrl?'?C. 5 N p ,?- M ..;4 c ?Ij tax O?IDez- WTEA r c r T'c rt: v A&C- ' l{ juw; 1 6/ vJ?- r51 b- G,a.?lt l?."I GOf ?.??#T ?=c?? 1._ ?izztz-_ rl .. ? ? v eat,. ... i j? 4 1 ' i V -? N N Lr) ?,Q dz? S 4 J Z + ?j T- ? ?., IL r a, rict a3 E-K n + I+ I FF Y ro•S".J -.t ?. ... UIaj ?r- v ; v • ? 3-p A? f ' r- dJ on on? .-N Q ? a +01'10 f+n. t i{ t r CC ro 70 5L `"T, P: ;?.'''E7; h!/GOIJ ?S ?5 FGL "XIM PMh 3102;Ue To Ptah 314 t?Wr-_ A4 rtr_ Cw- PRo?lI GI:7 mN2_ I p M }e.? Frt -r-- 1 ` ., I I F a I4 "? E a' ,i ne Promenade Shoppes -Dr, Robert Christ -Northwood Vision t - LaPosh Salon -New York Ba 0 el Bo s -Hunter Freeman Jewelers htrilu ip 1 - 3K' w. TP I.t/ PI-pt) 6 b tl 1,7r'p- tf r Lr0 ; Gory To 5(•}oy.! Tw?i: iN CG'S Azo?-_. CD!"y To F •I WIr'11?.EdTc?NEGrI It'?I?E Pc??a?.. >?tl?r?cla Jk1 N7GR tlf':17sC: S?F-P5 . +rvVduT F6L;--ip ;o 5-E ffLLr P??JTtv L) cM-7-? w/ I- h??-? 11?? `?TL?.L f?l?Oyl rvr- I-d. j Ttbl . cc <---, .3a ?-?xixz C0NC2_:=7E ?-xaT .mac 9 pi pm C- YV.;I p= W ku_ ELSV,bT ION '. I-D1 ,CTC?2 S16 f\1 2 (C-N? Uh1IT - t;cv!tY-E FAX--) ?°nCTI_sar.s ? McMullen Booth Road N U C? l D iV H N ? .1C UJ ? V ? (V n. O C? MEN" 0 r .Sl 11'S CL) yC y V 3 0 \z M m "0 N 0.;? m ?.c L [?_ 0 z5 aZ C, r? C] LL m gn r t 1 i N i 4 N t N L CL r L C 525 W ? ItJ1f n C 1 V J? v V n ti ?:e ti, o r w N , D +? •43 ED C LO .` F o i lsn? uT ? x m m m b CO go to m t r. U Id ci w` tx OAI. Cj )jJewpue-j i 1 •b I I . ; arm r 1 ? ^ r? i ? 1 I ? Ea I-? L, ` t ? n I f i U e I ?, 2 '1 u { rod ? Sri,; I I ? ? ? r Ul ??J ? r x? I 1 at q } j? a ?. M .90 DOS 81 . ?S1 . n .7 .1 •? Y L1.?, 1 oil `iJ l?+'7 MS'?1 ,1 IJ 000cr ?r M„Cr,2Q.0QS 'ar?J ! r (-- --'t ? aD 1092! 3?.9z•, za V N PaG??? I t ? ti ? LP Lij 1 ' r I - 3?sar, goo aanr --- , Oa •oas - in ?kL L R N. D, H R. R ,K { •.nJ: .T r.S V ? ??i n. J `1 V fl` 1??. ? r ?/ •.;. ryou ursgr ...-r....? M0714?Yi*Oy?/rY IHx S C A7M5 4)MfliGS UMY 3L37I+40J DA,3A 61 N as r to A •1 71 Age, -- o f y? .w ?t ? ?,satU J? , ` ` r r n? f y? l? vi I y? N Q ..i W W h co ? ? :??fac fa ?.. u tr jT ? i o. sr, ? y t a 1 C1 6. P. h?. f CL r% .rT?l L' 4 ? ?- 44 C) r? c ? •. : trot ?..--_, r O t`` ? t' ` % 4t1 '. \s u '?. 4 ? r l t.r?•L i 4G Qr , w 1' L ?i? ,TO+f ^Np I r:4e_+r 7. P/SP I ice: IttlltrYSl1111? w . er _vO, 0 L t5J• t .llllilfllllr11111!` I 4 .«_11111 / y f ? 1; e .. 1 U • ? R I r r J .r ?? " LS +F EASTLANd BLVD 1 0 111111111 r1171r11111 tint111111t11111111111f Itr111111/111111111 ? 1? ICS Ili l-/IE C = SSMC talc ? 1 2bFf ? N j ?'? lnnll?^l??llnl! u ?? ? r? r y? r`r?" ?? 1 12 NORTHWOOD PLAZA I wlr ?r..•+. r;; rcr?l..n-l..?In 1m ? ?I,',' z» n i4 a ?' I o- ?1. a? ~.a'?' IIt11111111111111 3I11?lL- Iv q uq f _ ?, ?oF rsa? ???• '• ?? = nsac I.IIIr11111/1/I rtIt111//111/x1111111111111t1t11111111i[?,_,?,_ b41:! e. ENTENPRISE ROAD LIS7 105 r. C SIGN VARIANCE REQUEST NAME: JOHN HANCOCK LIFE INSURANCE CO. / NDRTHWOOD PLAZA-REPIIBLIC BANK SV # 95-42 PUBLIC HEARING DATE : OCTOBER 19, 1995 ATLAS PAGE: 223A SEC: 28 TWP: 28 S RGE: 16 E CLEARWATER CITY COMMISSION 1 PRESSMAN & ASSOCIATES, INC. 1 Governmenfol Affairs and Public Relations TO: Steve Sarnoffff FROM: Todd Pre§sm DATE: 9/5/95 RE: Northwood P /a r /Republic Bank Just a quick note to clarify the submittal for the•signage variances for Republic Sank at this site. While the bank will be keeping the same exact dimensions of the existing free standing sign, and will conform with the variances submitted, if passed, they have been asked by the property owner to "upgrade" the appearance of the sign. This may mean a complete removal and replacement, again to the variance levels permitted, or a major refurbishing of the existing structure. The purpose of this communication is solely to be sure that the City understands this desire to improve the appearance of the sign, if the variances are allowed. Thanks again. 1 t' f fI V ?-d1vp? SEP 0 6 1995 CENTRAL PERMITTING CITY OF CLEARWATER 28870 US Highway 19 N. • Sullo #300 . Clearwater, FL 34621 Phone 813.726-VOTF- (8683) • Fax 813-796.3975 • Pagor 1-800.864.0444 ;0 Qv C73 ? ??-? 1` ' SEE AGENDA DRAWINGS! ORDINANCE NO. 5875-95 J AN ORDINANCE OF THE* CITY OF CLEARWATER, FLORIDA, r 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 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 11. 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 /Z7 -.17 .- L2:. PASSED ON SECOND AND FINAL READING AND ADOPTED Rita -Garvey Mayor-Commissioner Approved as to form and lega z fficiency: me in. City Attorney Attest: Cynthia ou eau. City Clerk + = =''Z 5 FAIRM5i4T ' N ? yac --{r--• p- a }_r'^ fGa'S I ? I rnj n 1 ' _ ?. •i?.'i:!l, v.M? rte. ?.4..i r•,.+f ? "vx? k'i'.?4+:t?. I « • .•• • 7+'OR' ':n:;?•'i'.jRS•ir? "t;? ' ?,.•'? ^'•°. bap`•+ C 6 L ?10:1'1' Y?j?'? ?? 1d r I \ ? Jyy ? :?.? •Z.?T ,•?, Lh?,o. ?? r=fy ?; t?..?t .? : "I?.?IY,1't G •?i??' ?t::7rr'•?"" ? 161? r`..1:?y:?+?.r-:ti 1 Pi r`?i ???•- I ??` . ?..,,,? ?..+ `:-?4E? ?.'' •rr? SS 16'+. ,itl1 .iv'•= t+...,. as?1J ?.q?,,?, ?:a.'+q+:^ ter, =L.... .. ,:. ••kti-, to ar .•.r w-4. ^.. ? -?^'t aa: .llR ??r??. ;? '? ?..? 3' •'1?. t?1:? ? ..' ? .. .?+a err. ta:-.wRt-'. ?F?w?,`k.. I ??. t°-ry .•` a I ' ?'y5 s?iy`._ J 4 ?? r. aj e_"?rs 4 7St5 .°r",S_ ? ch •..1.}Is yC ?5 ?.75'w' 7t? 1?. s+L?'. 167J ?1?1 + - 7_ cc e I sy - I s ?: : eQ. ,. r:? ?rw • . e 1! :r AU 4'1.r ?', - •n ?-?. i y"?+-.. ?-? !? ^.?. .• 1:,. ? ?•?'•.Y?. A'?i?""! n Q YG.• . 1? '•.? jtly ^• f - 'L`?••,? ?yam ?? '.? 7?t+" lLJ .+ c I t r 1 ?3 n ti' ,.5 `•? „ C A a;,;, i 0 11 M1 l c Y 13 • 1 ?' t?'? I+J ` ' Fi ;.1? L rt•. ?c,..J'??? ??` •?,`_? , tti,Jy? ?j=^OU? n ? 4 m a t N 'iC'n,'.? • +?"'i??: t^?s ^?. t. , ;- I -fir 4 - --------- ?? I MC11f 2?:,, W._r` LAN 4 ? `•?? •, -?y?y_"'•'?`•,,?,nF PER `<. .`'ice :?:: ;•?'.'? ? j??7,.`?? t+i ?yn-n ?<¢?,??^,1r? :iy^???. .-. ! r I ` '1. .r??rH-t `•?:se?.yt?jr. ?ar•.??w ?,, .+1.;. .H«•,{t,?;^? ? ,?` k'? K ?? CFTY IpvvcC '4 rSOt •+1+.: C L. '? 2 /C- 2 ?{ ;rte ?` 1.c7s4. ?. I 1O F±,:I I??Ik i.i SPRINGDALE 9SP OS/R c+4. ?' 1425 `F- ?? Z L t1l an • S[. '?"1 j '?? •? {+ii .t ...mow 1?? FR. P 1 J x'?4}r?^???L7? rte,,,-?'7:r --•r?..•? III. _.?G?,•.?yr7•. ' I DULL I° JON 1314 r ,s ~ I E? ,.? ~ rJ 9 '212 e E t ?. o i CfT : 0-4'D Z _ '" Z 2 _ F HO. 1 Yc%1J •7•+ Y4 7A I I ! ( S?rS v ' Ir 1 ... I w.i = I r3rf F PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING owr?ER A Q5- tiPPLICATIT B O oT ? I 7 L _ 4 PROPERTY OESCRIPTIOM LAND USE PLAT! BONING fo`r' 71 3`'? S = ST V E?j S o N I47S C0UNTI• REST DCtJTIq L L0 w ? - ? o.l? t. c n E S r` CITY liES( D E RS 8 111G1IT OF 'NAY 1?Cf1E;; ?- ?PL All 11I11(. r,rldw_0111IITG flOi1E, C I T e C01.1I.1IS S1Qli r 1; t: T I n l l -t T C) I.s 17 ': I i 11' 7 Q r. 4 1. _. I I t 1 f I r IE; F i 7; r. r I' 1 C; 1• ,__• b Q EXHIBIT A OAT f . F/3a 9 AGENDA ITEM ORDINANCE NO. 5876-95 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 WEST OF NORTH BETTY LANE. CONSISTING OF LOT 7, BLOCK B, 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 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_Categor Lot 7, Block B, Stevensons Heights, Residential Low 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, (LUP95-17) Section 2. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 5875-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 1? Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: 44 Pamela K. AKin City Attorney Attest: ynt i ou eau City Clerk /• u w y 1= •? ? \ ? .ray .?. I i . a ?' nu, ti»r ?fr? p l ? \\ C m14P, 3 LL S T. RE. ICE T -` ! '`, r ?? ANA .mow. "? ?' ? Clr+' q+?*+4L ??•, ogCPrR i" i ? 9SP OS/R .- ? It•br T? 50 14 SPRINGDALE E I 1 1_] }G w i ? r I A. NU. Y[tiJ iti+ rsrr PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING OWHER APPLICANT ? Co T4 ( T L LAND US` PLAN G N C r1 G ZOUNTY REST DEQTIf?L L_JL..> 9 - ? C1TY R - S(E) c- t,) i (AL RS 8 A q 5- 15' PROPERTY DESCMPTIOH 07' 71 ,31~ K B I Ste- E v E r.J S 0 N 14 TS, 0, 1?& ACRE S 11 1G11T OF Yr AY ?.._ ?-- - f'?4i11i1It i, nr+d 011111!; [(Ok fl C) i,li'I C(7ti11,(I,'',!;IC,i xcrlr:? ..""...._.__.._, j„ T I (, l ( L ? 0 '." 11 ' . 1 1 I I' ? C7 . I 1 +, 1( (1 1' Iii r• l ) l Cl (10-4) 'HILLIP JONES a KIEL D C 0 1' . FAIRMONT ^- ' Irzs1 60 i ° I n? I :1 . S 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. I a WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan: now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER. FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 7, Block B. Stevensons 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) Zoning District 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 the adoption of Ordinance No, 5875-95. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legs uffincy: Lc Naffe-Va_K.' Akin City Attorney Rita Garvey Mayor-Commissioner Attest: Cynthia ou eau City Clerk :? {3 is +. :Y: ^.•-7?'f? •r 1.i •1?,: ? •1 Fii I \\ 1 NVl_•yyf. ? ? \\ t l J1 i PS ?L ' I Si. 'PLAN 71 ? r , ? I I CI`?• C}MV?? ?j I pRCP?F^ ° ? ?'.? IJ E aL'c..47 I r? i 9SP OS/R r` G,B 124V-a}; ;faagl JI •., e 1 ?r._ a yp P? IILLIF, JON:S 4 _ ` FIww7 S`?R iG I h,. J I r: '[ f r ??-•iL1-'tYl? v u v:.f'C 1..,`..j\ i ? 6C1 ' 741f--3+' o •' ^ ~ C 1147v ^i I :Jrs 6 PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION and ZONING OWHER {PPLICAN T .y - LAND USE PLAN ZONING COUNTY REST DEOTI(4L LAW }Z 0 1 T Y RES( D'N7- (AL_ lz S B A q S- 15 PROPERTY DESCRIPTION t- 0`- 7 r *BL- k B I S-r e v G70 so N f 7S HIGHT OF WAY •; a t .? G ?J?IR I.I Q?N 1 0.18 A c n E s T T.- PLA.HPiIIiC nrlU µC)11 IIJ [10 itCr ^ __-•-.-- -. ?_?.?_-_? CITY` C()MMSSION- xrItL i'(-. f I(Itl ?? 1'„If ';Itli ?Q t{I.)irti• S F• l i ,?..G C B O O T 44 ,V of ? al .•:, :..:rl` WOOOBINE BI n }} ? Q C L 4 ? ? O I N ?_ ? ? IJE ;® t: ORDINANCE NO. 5926.95 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING 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; PROVIDING-AN EFFECTIVE DATE. 1,3 WHEREAS, James-A. McClaUghlin, owner of real property located in the City of Clearwater. has requested that the City vacate the drainage and utility easement-descr ibed herein'; and WHEREAS, the City Commission finds that said easement is riot necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CL EARWATER, FLORIDA: Section 1. The following: 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 as recorded in Plat Book 77, pages 46 & 47 of the official records of Pinellas County, Florida. is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption... Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Rita Garvey Mayor, -Commi s s i over Approved as to form and and legal sufficiency: 0Lj 1 , 7a!' ill Assistant City Attorney Attest: Cynthia L. OLr{ ealr City Clerk V I NORTHWOOD ESTATES - TRACT '"F" N P. B.' 77 - P•G.- 46 N IA 1 = cP LOT 6 BLK C ? r u m m ,? C ? C1 h7 EXIST W UTILITY k DRAINAGE EASEMENT N 00'02,03' E BS.00' NOTE: This is not a Survey VAC95l2.dNg "McCLAUCHUtt' sect, z9 - 28 - 16 Drawn by, Ag Date; B/16/95 ORDINANCE NO. 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 1 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 q, WHEREAS. Mary B. McMullen, owner of real property located in the City of Clearwater, has requested that the City vacate the right-of-way described herein; and WHEREAS. the City Commission finds that said right-of-way is not necessary for Municipal use and it is deemed to-be to the best interest of the City and the general public that the same be vacated; now, therefore, % BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section I. The following: The North portion of the 50 foot Right-of-Way lying between Lots 3 and 4 of Block 3 and Lots 1 and 2 of Block 6, Revised Map, Town of 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 line located parallel and 330 feet South of the centerline of Gulf-to-Bay Boulevard (State Road 60). is hereby vacated, closed and.released, and the City of Clearwater quitclaims and releases all of its right. title and interest thereto, except that the City of Clearwater-hereby retains a drainage and utility easement over the full width of the described-property for the installation arid maintenance of any and all public utilities thereon, subject to the following conditions: (1) Subject to Pinellas County vacating the remaining portion of subject right-of-way and retaining it full width as a drainage & utility easement. Sectori 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section-_3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL ?EADING AND ADOPTED Approved as to form and and legal suffi r_i ency Aau i gar hr.r Assistant City Attorney Rita Garvey Mayor-Corwi! ssi over Attest: Cynthia ouc eau City Clerk I NOTE: This is not a - survey! Centerline i GULF TO BAY SR 60 ?o TO WN -too 2 3 7- 7 OF 4 City Limit Eo R o ? AY VIEW 2 6 4 3 H5- C Ft. REQUESTED VACAP ON !e 7/26/95 VAC95--Q7 "McMullen" Sect. 16-29-16 Drown by, ?i_v,o ,,, .. 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. PASSED ON SECOND AND FINAL READING AND ADOPTED WHEREAS, the comprehensive plan reasonable, proper Comprehensive Plan: is future 'land use plan element of the forth in this ordinance is found to be and is consistent with the City's 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 amendment to the of the City as set and appropriate. now, therefore, Rita Gdrvey, Mayor-Commissioner Approved as to form and legs uff'ciency: Pamela in, City Attorney Attest: Cynthia ou eau, City Clerk Ordfrwnce 1k). 57111.95 ,r LEGAL DESCRIPTION ?.a .PARCEL NO. 1 (Parham Parcel) "_.:. The South 160.00 feet of Lot 1, Sunset Oaks, according-to the plat thereof as recorded in Plat Book 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 Book 89, Page 1, public records of Pinellas County. Florida, ?t EXHIBIT A Ordinance No. 5918.95 87 u 1973 _93 98 76 r ? 7? Q FRANK TACK PARK q 197 r 88 92 T 94 97 -51 99 r9s7 r _ RES. 73-73 t 1967 1367 1966 ::E 75 7 2 n h 196E C4 4 19319 915p 6 61 v T395 967 ItQO 74 oc 196! rss. 73 OS/R 90 so z ? 60 19ss Gq? DRIVE N. o ? 1967 ro t i 1 110 109 108 i 07 106 105 S 04 103 102 101 jY- 1942 112 an' OV44EO 117 PROPERTY 36 116 117 er m t ??? ( 3680-47 0+ tla 1t5 SUNSET o. f. 0 AKS iy o HAU5PX _ , ,?. 1911 . ??&LL. "6b e .3 8 n a 24/01 44*" - * •, qt z• c?a4 =121?r t2o:. 119. lt8 _...... ? «_ ••! ??.?... ,,.._.___....... t,4 ? . 2 1913:" AEI _ 89=01`" 1l? ix- :m- 122-N 123a ,°o LAND: .( 2 S 13/0 717 X129.. '•'?` a '3' _ f_4 ~ •128..127 1261 c)'. z•:;'7 4 ?= • b?:?? ?:•'• .r :ti_ •. _. '. q : . 1 ?i.q ' ?^ L A I boat 71, W N SET- QT ROAD `'`. 50 _ 770+-rEQt R.. y :t??r sss•r•.ucuae.•s,? .? :. ? RD. .. •_._ .. ....... • ? ?,'L.;S11N5ET._2 I ????? 1890 Z al ] _ a] 5465 es 7 ao 70 71 72 73 71 `" 7s 77 C C R C O O N ° N N N ° ><i bN7 q' O N ° N ? Y p N' N N N N N F z -, ° Lo th In C) -. • R N N O N N p '? b q e?+' O h O N N N a0 0 5t 57 59 50• 40 as '47 44 i• u rear I PROPOSED LAND USE PLAN AMENDMENT and REZONING f "r: R Ca A R ?1 A M E( C; O Q tICANT -LAND USE PLAN ZONING 'ROM R C'S I DEIJT'I1a L- o FF t cE G F p e 9- r0 coniv?tE2c,(AL GEIJErLAr_ o i- C. tJ ACRES 1.L1? LANNING and ZONING [BOARD CITY COMMISSION Z x5--08 L U P q5`?2-/- PROPERTY DESCRIPTION i- o T 2 P A Wr L_ aT SUNJ 5ET DQ us ECTIOH 0( TOWNSHIP 2q S RANGE (S E. ATLAS PAGE 2 57 3 A ORDINANCE N0. 5914-95 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. 5018- 95 by the Pinellas County Board of County Commissioners and subject to a determination by the state land planning agency or the .Admi ni strati on 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 5 163.3189, F.S. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form and legal suffi c3,- cy: LL me a K.?Acl?in City Attorney Rita Garvey. Mayor-Commissioner Attest: Cynthia ou eau City Clerk Ordinance No. 5719.75 LEGAL DESCRIPTION PARCEL NO. I (Parham Parcel) The South 160.00 feet of Lot 1, Sunset Oaks, according to the plat ` thereof as recorded in Plat Book 89, Page 1, public records of Pinellas County, Florida. 4' . I: AND PARCEL NO. 2 (Cope Parcel) Lot 2, Sunset Oaks, according to the plat thereof as recorded in Plat Boo's 89, Page 1, public records of P nel l as County, Florida. EXHIBIT A Ordinance No. 5918.95 and No. 5917••95 ?i?4. 1973$7 93 92 - -, -? 96 ' A 76 197 ? 11' 71 4 FRANK TACK PARK 0 88 , , 941. 97 _, q`° 99 1967 . r.w RCS. 73-33 p 1967 1967 1964 :E 75 7z li3 1 61 IDS 4 f- 51 f768 ^ 3 19619 96p }-- 9t cr 19 95 Z 96 v 18 t00 74 Tz 19673 - f9F U 6o x td . 6Q 90 1953 DRIVE N. 1967 h4 ?? ?^ + to a ^ n 4z a +i '?- 113' 1 2 116 117 N t r , SUNSET IIa 115 d D AKS _ ' a NAU >=A n 24/01*1?? + •; .. a 119. tt8 ?? .121f_ 120:. -- 1 1913 89=00 125 M 7 122 123 77 ? f 941 L. '86 EL t ¦I.r ?;1 1909 I'7 •13 C[ FN' 9v4+EO PROP EnTY- 3680-97 ._I 29,' 128: t 27 t 26, • ;.6 r,_i '1 _. ?- • ?' ?7'• ?4? : w f ? ..: O.Y. L', AOdllt,nel r 77a•-?aat n.t sU N SE r PT ROAD :` RD. Q 6 71 [7- `! 73 74 7 6 69 76 T7 "'+ = _ I - ? Si S C~ tp [+t 0 0 fa d O 1 l ?•i ?n d b 0 O J N N 4 N t1 ?-] O} 01' N R ... . - 1 ?' ^1 N N ? N N N N A7F I 0 b A O 0 d O p O p q N ? q N N M h? q 4 _ -_ N N N N p N N O N N N d 0 N N ? • 4 - 9-0 o Se 57 7S { 5O - •u M 47 is .• a, .= 2 I -- L rasa t&81 . - _ ..... - _. _ ---- PROPOSED LAND USE - PLAN AMENDMENT and REZONING i 1 ?4ER PARNAM Et c o PE 'LICANT z a -08 LUP q5'- 2.7 PROPERTY DESCRIPTION -LAND UV PLAN ZONING R.0m Rc- sIDEQT(AL_ r o? v FFtCE GFPG: 9-A L 0 Co M v" C 2 G( A t- G E O E rL A L, ?- 1. L4 7 ACRES -ANNING and ZONING BOARD CITY CO)AMISSION ECTION 0( TOWNSHIP 2.q S TRANCLE 19 E ATLAS PAGE 53 A S Oy1 v a ti q q q ql q_ 177 r ? 110 109 108 107 106 105 104 10101. 1 f ! L-0-- 2 [ P AR.T L07 SUN5ET OA:1--' S A is ORDINANCE NO. 5925-95 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,, lepsed-GF GORVeyP 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 shall 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 i 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 /0- 5--r 9-5-- Rita Garvey. Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Approved as to form and legal sufficiency: Pamela IC. Akin City Attorney 2 !, "y Fr. Fa . i ,c 13 v6 i Y F AGENDA ' i i ?i 3 ? . 1 ITEM a- r.. g At•• Clearwater City Commission oQ„ r Agenda Cover Memorandum item # Meeting Date: 10 .11-0 SUBJECT: Workers' Compensation Claim of Artliur Carpentieri, Claimant RECOMMENDATION/MOTION: Approve a settlement with claimant in the amount of $115,318.40 as a full, final, and complete settlement of all indemnity, medical, and attorney fees arising out of Claimant's pending workers' compensation claim and release the City from any and all future Workers' Compensation exposure to Claimant together with a waiver of any future pension arising as a result of a job- connected disability, 0 and that the appropriate officials be authorized to execute same. BACKGROUND: On November 17, 1991, Claimant, A City firefighter with some 28 years of service to the City, suffered a heart attack and subsequently underwent a triple coronary artery bypass on November 19, 1991. This heart attack occurred one day prior to the City pension trustees accepting Claimant for a regular city pension based on years of service. Three weeks prior to the heart attack, Claimant had turned in his firefighting equipment, filed a request for a regular City pension based on years of service, and left active City employment. He was running out accrued vacation benefits when he suffered the heart attack. Claimant subsequently filed a workers' compensation claim on the basis that he was still a City firefighter at the time of his heart attack. Claimant asserted that his heart attack was a compensable workers' compensation injury relying on the statutory presumption created by Section 112.18(1), Florida Statutes. Both the Judge of Compensation Claims and the First District Court of Appeals found the statutory presumption applied and ruled against the city. The t, Reviewed by: /J,? Legal .?19-- Originating Dept: Finance/Risk Management Costs: S 115 318.40 Total Commission Action: ? Approved Budget "Y14 318 40 S 115 13 Approved w/carx3itians Purchasing I" Risk Mgmt. 3M - .CIS CII A ACH ! User Dept: , . Current Fiscal Yr. Funding Source: ? Denied ? Continued to: ? Other Cnpital Imp. Advertised: ? Operating Attachments: Date: Paper: 0 other CIF 0 N R d i Submitted by: ot re equ Affected Parties Appropriation Cade. ? Hone Cit snag r ? Notified 0 Not Required 590.07000.545800.519-000 0 Printed on recycled paper K r 2 - District,Court of Appeals 'remanded the case to the JCC for further proceedings. '..' The workers' compensation case is now pending before the JCC in St. Petersburg. The demand from claimant's attorney for settlement of this entire claim, medical, indemnity and attorney fees is $115,318.40. of that sum, $90,000 is to go to the Claimant for full settlement of this workers' compensation claim, $25,000.00 is to go to his attorney, Gary Frazier, a former Judge of compensation claims, and $318.40 will go to pay for taxable costs. 'Risk Management staff and outside counsel, Fowler, White, Gillen, et al., have carefully evaluated this claim, its value, and the exposure associated therewith and strongly recommend settlement of this'cl.aim for the sum demanded. The City's Claims Committee has also reviewed this workers' compensation claim in detail and concurs in this recommendation. Claimant is presently a City pensioner who is receiving a pension based on years of service rather than a job-connected disability and Claimant agrees, as a part of the settlement,,to release or otherwise waive any right to a job- disability pension. 11 ¦-•.: Clearwater City Commission Agenda Cover Memorandum Item #: Meeting Date: -1? SUBJECT: INSTALLATION OF POLYETHYLENE GAS MAINS AND SERVICE LINES RECOMMENDATIONIMOTION: Award a contract for twelve (12) months (10119195 to 10118196) for installation of polyethylene gas mains and service lines to Heuer Utility Contractors, Inc., Clearwater, Florida, at an estimated cost of $867,750, who was the lowest, most responsive and responsible bid that met specifications, ® and that the appropriate officials be authorized to execute same. _ BACKGROUND: In order to provide timely installation of new gas mains and services without increasing staff, the Clearwater Gas System (CGS) proposes to contract with Heuer Utility contractors, Inc., for the installation of polyethylene gas mains and services at various locations throughout our service area. During the soon to expire contract period, Heuer Utility Contractors, Inc. provided quality construction work, excellent restoration, and timely response to customer complaints. Work will be performed under the direction of the Managers of Gas Operations to meet customer request for service in locations throughout the CGS service area, both in Northern Pinellas County and Southern Pasco County. The contractor will supply all the labor and equipment, sod, asphalt, concrete, and curb replacements. CGS will supply the gas related materials such as polyethylene pipe, fittings and valves. The proposed contract provides for all aspects related to the installation of polyethylene mains, services and meters. Installation will include our Pinellas service area, as well as our newly acquired Pasco service area. A portion of the monies for this contract in the amount of $667,750 is included in the 1994-A Pinellas Expansion Bond issue. The current available balance in the Pinellas, New Gas Main & Service Code 341-96301 is $300,000. Transfer of $367,750 will be made into this project from the new Market & Development Project 341-96304 during the first quarter of FY 95196. This can be accomplished without impairment to the Marketing and Development project. Monies for the Pasco New Gas Mains Services portion will be provided by a first quarter budget amendment to transfer $200,000 from revenues to the new CIP code 315-96320, Pasco New Gas Mains Services. Monies for this purpose were originally included in the FY 95196 budget to be Reviewed by: Originating Department: ` Costa: Commission Action: Legal Clearwater Gas System 9867,750.00 ? Approved Budget ?"" Total ? Approved with Conditions Purchasing User Department: $867.750.00 ? Denied Risk Mgmt. N!A Clearwater Gas System currant Fircal Year ? Continued to: IS NIA Funding Source: ACM ocepital Improvement: Other Advertised: ? Operating; Date: 6/30/95 Pinellas ? Attachments: County Review Other: Paper: 7107195 Tampa Bid Tab Tribune Submitted by: O Not Required Appropriation Code Affected Parties 315.96320- 563800.532.000 ? Natiflad 341.96301- ? None 563800-532-000 Cit anager ®Not Required 0 Printed on recycled paper ' y •i.'s.',,: 'i::F .fsf .r' ?lyr` i;rp?3r}'A't7(,3°,. ?, .. .?., } l:: ..f e:a'-' .. a ,. '. ,.,.,•t;„'r ,_. _ ,?. Sit c,. '?5' fyCld'i.:vY'.Tfy1T°4i.. r. 1... y .... `r. i'1. .. ,. •r :ti, f,, .. '3 funded by a Pasco Gas Expansion Bond issue. These bonds are now projected to be sold In'the ' third quarter of FY 95196. The transfer of Gas Revenues for this project is, in effect, a loan from the City's cash pool, and is anticipated as an interim solution as these monies will be reimbursed to the.. Gas Fund once the new bond monies are available and the Gas System's Bond funds established. .)t f i k .Ss. SUMMARY FOR BID 123-95 BIDS SOLICITED . . . . . . . . 11 BIDS RECEIVED . . . . . . . . . 7 NO RESPONSE . . . . . . . . . . . 0 "NO BID" RESPONSE ... . . . . . . 4 SUMMARY OF NO BID SCHEDULE WILL NOT PERMIT 3 DO NOT OFFER SERVICE . . . .. . . 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N: Q O d ?` « n N O P h ? n S '1 0 0° n J N o n w V w O N h r? o N P n 2 V w N N w: n N V f M M + a M n Q M M O Q Oa D O O n P O 6P ap d t b p V O n °n a s p 0 It n A tl a tr A P O ab O p p q _ p P O N A N o ?" n N P o O G O tl « M V w N ^ M 14 4 H n • ?"? n n Y ? r.. n Pa 6 6 a a O a o p p P N ? ; F?„ n P c P O^ N P a N= b N P L 6 9 H n ? n P n n n «« n N V .1 .. a M ti n n n n n M O O °P b p o '...771 73 :::RRR]]] OORF O O M M y?.y1! H ry H V 7d U H ?y/ W Y A L2 µ a? w n r w w n n w " ry? n n i? n n n n H 'a'. n n n n n n r a • ,wI CITY OF CLEARWATER GAS SYSTEM CONSTRUCTION CONTRACT ?% $as 2 Base Price: The base price includes all construction in order to provide a complete and approved installation ready for the transportation of natural gas, in accordance with Federal Regulations Part 192, Florida PSC Regulations Federal Regulations 25-12, and Clearwater Gas System (CGS) construction standards/operation and maintenance manual. All equipment, including Central Plastic Electrofusion equipment, and services shall be furnished by the Contractor. All gas related materials will be furnished by the Clearwater Gas System. a) The following prices are for plastic mains and services. They. include the installation of all tees (P.E. service and high volume, weld punch, and 2" T.D. Williamson), stop cock, riser, valves and fittings, tracer wire, warning tape, line marker poles, curb markers, test stations, barricades and all signage as per F.D.O.T. specifications for traffic control. All ditch lines and bell holes must be machine compacted. SERVICES/PLA. TI 5/8 inch Est. Qty. 25,000 ft. per ft. 1 inch Est. Qty. 20,000 ft. per ft, 2 inch Est. Qty. 2,500 ft. per ft. MAINS/PLASTIC 2 inch Est. Qty, 40,000 ft. per ft. 4 inch Est. Qty. 12,000 ft. per ft. b inch Est. Qty. 4,000 ft. per ft. 8 inch Est. Qty. 1,000 ft. per' ft. CASING PUSHES/MISSTLE 2 inch Est. ,Qty, 7,500 ft. per ft. 2 ` Construction Contract - Page 2 Boring: includes insertion of the carrier pipe, restoration, clean-up, insulators, end seals, and vent poles. JACK AND/OR BORE 4 inch Est. Qty. 7,500 ft. per ft. 6 inch Est. Qty. 71500 ft. per ft. 8 inch Est. Qty. 1,500 ft. per ft. D NAL B RE MUST BE PRE-APPROVED BY CGS 2 inch Est. Qty. 7,500 ft. per ft, 4 inch Est. Qty. 2,500 ft. per ft. ' 6 inch Est. Qty. 1,500 ft. per ft. 8 inch Est. Qty. 1,000 ft, per ft. WELD TAPPING TEES 2 inch Williamson Est, Qty. 120 ea. each 314 inch Weld Punch Tees Qty. 100 ea. each 1 inch Weld Punch Tees Qty. 100 ea. each OTHER PAY HEMS a) Extra Depth Ditch: Will be paid any time cover exceeds 36", when required by state, county, or city authorities, construction requirements or = at the request of CGS. -f 37" to 48" depth extra depth per ft. 49" to 60" depth extra depth per ft. dl" to 72" depth extra depth per ft. Construction Contract - Page 3 b) Density: If density is required per lin. ft. (per construction permit, payment for one time passing density only) c) Shoring: If required by OSHA and approved by CGS. extra depth per ft, d) Well Pointing: If approved by CGS. Installation of header pipe per ft. ?•, Running Time per ft. SQ Material will be supplied and maintained for two weeks by Contractor. Reclaimed water is available for use. No brown or dead sod shall be installed. Balhia/Floratan•Est. Qty. 70,000 sq. ft. per ft. PfPE REMOVAL 2 inch Est. Qty. 3,000 ft. per ft. 4 inch Est. Qty. 3,000 ft. per ft. 6 inch Est. Qty. 3,000 ft. per ft. 8 inch Est. Qty. 3,000 ft. per ft. _LTtVIT PRICES Residential Meter Est. Qty. 300 each Service Tee Est. Qty. 350 each (saddle clamp, saddle tee, PE tee) each each t } t• I. SURFACE RESTORATIO Cut, Remove and Replace 1 (Material Provided by Contractor) v? :r •?? Asphalt _ Est. Qty. 15,000 sq, ft. Limerock Est. Qty. 15,000 sq. ft. Concrete Est. Qty. 2,000 sq. ft. Brick removal Est. Qty. 2,000 sq. ft. Brick replacement Est. Qty. 2,000 sq. ft: Seed and mulch Est. Qty. 4,000 sq, ft. tai ... , •' 6 M? 1 W' f per inch thick per inch thick per sq. ft. per sq. ft. IE per sq. ft. per sq. ft. Construction Contract - Page 5 CONDITIONS 1. The Contractor must have a Drug Testing Policy, and all employees shall be randomly tested in accordance with Federal Department of Transportation and Florida Public Service : requirements. The results shall be forwarded to CGS on a monthly basis. Y 2. The City of Clearwater Gas System will supply all gas related materials. The Contractor must secure these materials at 400 N. Myrtle Avenue, Clearwater, Florida. All non-gas related materials, as well as all equipment required to complete the construction installation, shall be provided by the Contractor. 3. Installation of gas mains must be at a minimum depth of 36", and services must be a minimum depth of 30". The Contractor will be required to string, dig, install, backfill, compact, reseed or resod, and restore concrete and/or asphalt as required. The service riser must be wrapped with tapecoat, and the meter set shall be painted. All risers set in a concrete environment shall be sleeved. All gas stops must be locked in the "off" position. 4. A 24-hour air pressure test will be required after the main is installed. Main line test pressure must be 100 psi on yellow medium density material and 150 psi on black high density material. All lines must be left capped. Service lines shall be air-tested for 112 hour with the service tee affixed to the main. The tap can be completed once this pressure test has proven the installation to be leak free. 5. All mains will be pigged. All services will be blown out after the tap has been made, and all meter sets will have the gas turned on to soap test for leaks, then the gas will be turned off and locked. 6. The Contractor will be responsible for placing all SUNSHINE notifications and to all non- r members. The Contractor will be responsible for any damage and repair to surrounding Utilities, private sprinkler systems or private property. 7. All Contractor employees must be certified for polyethylene heat fusions or steel welding before beginning work on this Contract. A list of all certified employees under employment will be furnished to CGS on a monthly basis.. 8. All restoration work (sod, asphalt, concrete, etc.) will be made safe by the close of each work-day and shall be completed as follows: • Service line installation - Within 2 days from date construction is completed on the customer's property. • Main line installation - Within 5 days from the date construction is completed on a given block, or every 1,000 foot section. Construction Contract - Page 6 Payments will be withheld until all restoration work has been satisfactorily completed. 9. The Contractor shall supply a history and reference list of work done tapping live gas mains. The City of Clearwater Gas System will supply training on tapping live gas mains to the winner of this Contract. The Contractor shall provide their own tapping equipment. 10. The Contractor shall furnish Clearwater Gas System with a list of five (S) references complete with contact person, with whom they have performed gas main construction in the past. 11. It shall be the Contractor's responsibility to determine environmental sensitive areas, obstacles, and/or conflicts in the proposed construction route, and avoid such conflicts or obstacles. The Contractor will assume all liability for damages caused by their firm, while in the performance of this Contract. .. s 12. All street crossings in Pinellas County and the City of Clearwater must be completed by either the jack and bore or push rod method. Sh-cet crossings in these areas cannot be completed by use of an underground missile. 13. All construction, within the right-of-way area, will conform to the conditions of the permits in its entirety. 14. The Contractor shall install all gas distinction curb adhesive markers for street crossings, service lines, test stations, and valves. 15. All customer complaints shall be resolved within 48 hours. 16. 'The Contractor is responsible for distributing all pre-construction and post-construction door hangers used by CGS. The door hangers will be supplied by CGS. 17. The Contractor must have Central Plastic Electrofusion equipment to install service saddle tees and high volume saddle tees. 18. The Contractor must have service applicator equipment to install service saddle tees and high volume saddle tees: 19. The Contractor shall install tracer wire test stations every 500 feet during main line installations; also, at the tie-in point and end of main. 20. The Contractor shall CAD-WELD a green wire on a steel main at the tie-in point and bring the green wire up along with tracer wire in a test station. 21. Tracer wire shall be installed 12" above gas main, and warning tape shall be installed 12" above tracer wire. { i® II 1 • Construction Contract - Page 7 : 22. Contractor shall install all signage and maintain it during construction. Signage will be returned to the CGS complex upon completion of project. 23. "A continuity test shall be conducted on tracer wire for all projects to assure the wire was not broken during construction. Any breaks must be repaired before acceptance will be issued. - - 24. All directional bores must be pre-approved by CGS before installation. f: ; . . 25., Contractor must produce a performance bond equal to the amount of the Contract, before any work can begin. I : ti Al :'j.. yl F.i .. / yTr •Y' rJ .+k7 1! 1?-?.? ? ... . J ,? r1.+?1 .4; ?': , ': ,?• ... .. ', ??y? e. .yam. .. ? ? .. ..[ .y i? ? ? ,?4 ''ii ? y? I +li, ?? _.._..._.... .. .... _. _.. ... .. ... _._... _. ......_... . :, ?, ,•,..t yr• ,.,? .?. ...........___ _... .. .. ... ........ ._..... ~? ?? j .. .. .. ?? " .. ..? ?. y 14b:,, . .. S r? Item # 10 f? Meeting Date: Clearwater City Commission ?lJ TEa??o 5 /?, Agenda Cover Memorandum SUBJECT: Purchase of Towing services RECOMMENDATION/MOTION: Award a three-year contract (11/1/95 through 10/31/98), with an option to renew for an additional year upon mutual consent, to Jimmies wrecker service, Inc., Clearwater, FL, for the purchase of towing services, at an annual estimated cost of $38,124 or a total estimated cost of $114,372 which is the lowest, most responsive and responsible bid submitted in accordance with specifications, ® and that the appropriate officials be authorized to execute some. BACKGROUND: The City of Clearwater requires towing services to the Fleet Maintenance facility for its disabled vehicles ranging in size from automobiles and small trucks to large tractor trailer trucks. Bids were solicited and received for these services, and two vendors responded to the bid solicitation (Jimmie's Wrecker Service, Inc. and Weeks Towing). As per the attached bid tabulation, Jimmie's Towing was the lowest, most responsive and responsible bid submitted. Fiscal year impact for 1995/96 is estimated at $34,947 (11-months usage). The 1995/96 General Services/Fleet Maintenance Operating Budget (566-06611-546500-519- 000, Garage Equipment Repair Services) includes sufficient funding for this contract through 9/30/96; funding subsequent to that date will be included in the department's 1996/97, 1997/98, and 1998/99 Operating Budget requests. Reviewed by: originating Dept: Costs: S 114 ,372 Est. Commission Action: Legal -- General Services Total ? Approved Budget Purchasing W \I\k Cam.. $ 34 947 Est. 13 Approved w/conditions Risk Mgmt. /A E7 Denied Cis N . User Dept, Current Fiscal Yr. 13 Continued to: ACM various Other L?rn! Funding source: ? l Capita Imp. Advertised: ® operoting Attachments: Date: 8/18 & 8/25195 d other Bid Tabulation Paper: Tampa Tribune & P.C. Review 0 Not Required ? None submitted try: Affected Parties Appropriation code: 0 Notified 566-06611-546500 -519-000 city p ? Not Required Cr Printed on recycled paper ??5i'?ri ??', `?.i'1 L. ? r • 4 Y. ?. ? a .? ' ` ? ? ? ? F. '.54.. ` .??: i.•...? Zf ...Yi I • T 1 CITY OF CLEARWATER BID 144-95 'OPENED SEPTEMBER 6. 1995 BID TAB ITEM ND. DESCRIPTION a`. 1 TOWING SERVICES CLASS A DOLLY FLATBED REQUIRED - CLASS C START DATE: PAYMENT TERMS: SUMbWY OF BID 144-95 BIDS SOLICITED: 15 BIDS RECEIVED: 2 NO.RESPONSE: 12 NO-BID RESPONSE: 1 SUMMARY OF NO BIDS UNABLE TO MEET 9PECXF'ICATIONS: 1 VEHICLE TOWING JIMMIE'S TOWING CLEARWATER- FLORIDA PRICE 40.00 0.00 5o.,00 80.00 NOW NET 30 WEEKS TOWING CLEARWATER, FLORIDA PRICE 55.00 25.00 65.00 95.00 10 DAYS NET 30 i CITY OF CLEARWATER [ Interoffice Correspondence Sheet TO: Elizabeth M. Deptula, City Manager --w d!5 FROM: William O. Baird, General Services Director COPIES: SUBJECT: Bid No. 138-95 Towing Service--City Manager Backup (10/19/95 Agenda) DATE: September 19, 1995 1. Towing services for Pasco County are not mentioned in the attached agenda item nor was this service requested in the bid specifications. It would be unfair to the recommended bidder to apply these same costs for towing services in Pasco County. When the Gas Department is fully operational in Pasco County: a. Fleet Maintenance will negotiate an addendum to the towing contract for services in Pasco County, or b. Fleet Maintenance will locate an additional firm in Pasco to provide towing services. 2. A comparison is provided of the two vendors responding to this bid solicitation. L Class A I Fl latbed class C Jimmie's Wrecker $40 $50 $80 Week's Towing. $55 $65 $95 W013: pat CONTRACT This CONTRACT made and entered into this day of 19 , by and between the City of Clearwater, Florida, a municipal corporation, hereinafter designated as "City" and Jimmie's Wrecker Service, Inc., of the City of Clearwater, County of Pinellas, and, and State of Florida, hereinafter designated as "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 sums of money as herein after set forth to be paid by the City to the Contractor, shall, and will at its own cost and expense perform all labor, furnish all materials, tools and equipment as detailed in: Bid No. 144-95--Towing Services 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 work to be performed and completed by the Contractor and its successors and assigns shall be fully completed in a good 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, THE CONTRACTOR AGREES TO HOLD THE CITY FREE AND HARMLESS FROM ANY AND ALL CLAIMS FOR DAMAPES, 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 RESULTING FROM ACTIVITIES BY THE AFOREMENTIONED CONTRACTOR, SUBCONTRACTOR, AGENTS, SERVANTS OR EMPLOYEES. 1 In addition to the foregoing provisions, the contractor agrees to conform to the following requirements: 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; lay-off or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor 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 unions and/or workers' representatives, except sub-contractors for. standard commercial supplies or raw materials. it is mutually agreed between-the parties hereto that time is of the essence of this contract, and in the-event that the work to be performed-by the contractor is not completed within the time stipulated herein, it is then further agreed that the City may deduct from such sums or compensation as may be due to the Contractor the alternative towing cost (Class A--$40, Flatbed---$50, and Class C---$80) per event for each service call that the work to be performed by -the -.Contractor remains incomplete beyond the time limit specified herein,' said alternative towing cost per event shall- only and solely represent damages which the city has sustained by reason of--the--failure of the Contractor to complete the work within the time stipulated, it being further agreed that this sum is not to be construed as a penalty but is only to be construed as liquidated damages for the Contractor's failure to complete and perform all work-within the time period•as specified in this contract. t• 2 IN WITNESS WHEREOF, the parties to the agreement have hereunto set their hands and seals and have executed this Agreement, in dupli- cate, the day and year first above written. CITY OF CLEARWATER IN PINELLAS COUNTYt FLORIDA SEAL By: Elizabeth M. deptula City Manager Attest: Countersigned: By: Rita-Garvey, Mayor-Commissioner 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 to bind the Corporation). By: S -(EAU 3 S , Wit* oil I - C I T Y OF C L E A R W A T E R POST OFFICE BOX 4748 CLEARWA•TER, FLORIDA 3461B•4748 SUBJECT: Invitation for Bid 144-95 Towing ISSUE DATE: August 18, 1995 PREBID CONFERENCE: MAIL BIDS TO: City of Clearwater Purchasing Division P. O. Box 4748 Clearwater, FL 34518-4748 DELIVER BIDS TO: City of Clearwater Purchasing Division 711 Maple Street Clearwater, FL 34615 BIDS MUST BE RECEIVED NOT LATER THAN: September 06, 1995 - 11:00 AM Bids may not be withdrawn within 90 days after such time and date. Geor a E. McKibben Purchasing Manager 4 ' vl STATEMENT OF NO BID 144-95 NOTE: If you do not intend to respond, please return this only. City of Clearwater/Purchasing P.O. Box 4748 Clearwater, FL 34618-4748 We, the undersigned, have declined to bid on the above noted Invitation for Bid for the following reason(s): Insufficient time to respond to the Invitation for Bid. Do not offer this product/serviQe. Our schedule will not permit us to perform. Unable to meet specifications. Unable to meet insurance requirements. Specifications unclear (please explain below). Remove us from your "Bidder Mailing List." Other (please specify below). REMARKS We understand that if a "no bid" statement is not returned, our name may be removed from the Bidder's List of the City of Clearwater. COMPANY NAME: ADDRESS: CITY/STATE/ZIP: SIGNATURE: DATE: TELEPHONE: J l . -2- ' BID RESPONSE FORM (144-95) Item Qty. Commodity Description Unit Price 1. Towing Services Class "A" wrecker service $ If "dolly" required $ If "flatbed" required $ I Class "C" wrecker service $ (per specifications in the bid package) Please return two (2) copies of Bid Response Contact Bill-Baird, 813/462-6833 if you have questions regarding this bid., - F.O.B. CLEARWATER Start Time: after receipt of order. Payment terms: BIDDER REPRESENTATION I represent that this bid is submitted in compliance with all terms, conditions and specifications of the Invitation for Bid and that I am authorized by the owners/principals to execute and submit this bid on behalf of the business identified below. . BUSINESS NAME : . FID## STREET ADDRESS: CITY, STATE, ZIP CODE: t. PRINT/TYPE NAME OF AUTHORIZED REP: TITLE/POSITION OF AUTHORIZED REP: SIGNATURE OF AUTHORIZED REP: DATE SUBMITTED: TELEPHONE FAX NUMBER: APPENDIX A INSURANCE REQUIREMENTS FOR BID NO. AUTOMOBILE TOWING CONTRACT FOR CLEARWATER GENERAL SERVICES DEPARTMENT HOLD HARMLESS The City shall be held harmless against all claims for bodily injury, sickness, disease, death or personal injury, or damage to property or loss of use resulting therefrom, arising out of this contract unless. such claims are a result of the City's sole negligence. RAYMENT ON BEHALF OF CITY The contractor agrees to pay on behalf of the City, and to pay'the cost of the City's legal defense, as may be selected by the City, for all claims described in the Hold Harmless paragraph. Such payment on behalf of the City shall be in addition to any and all other legal remedies available to the City and shall not be considered to be the City's exclusive remedy. INSURANCE . - The contractor shall provide the following described insurance on policies and with insurance acceptable to the City. Subcontractors,, if any, shall be responsible for the same. These insurance requirements shall not limit the liability of the, contractor. The City does not represent these types or amounts of insurance-to be sufficient or adequate to protect the contractor's interests or liabilities, but are merely the minimums. Except for Workers' Compensation, the contractor's insurance policies shall be endorsed to name the City, its officials, employees, and volunteers as additional insureds to the extent of the City's interests arising from this contract. Except for Worker's Compensation, recovery against the City, to the policies. the contractor waives its right of extent permitted by its insurance The contractor's deductibles/self-insured retentions shall be disclosed to the City on the certificates of Insurance and may be disapproved by the City. They shall be reduced or eliminated at the optiort. of the City. The contractor is responsible for the amount of any deductible or self-insured retention. workers' Compensation Coverage Contractor shall purchase and maintain Workers' Compensation . insurance for Florida Workers' Compensation obligations and employers liability limits of at least $100,000 each accident and $100,000 each employee/$5001000 policy limit for disease. General, Garage, Gara ekee ers Automobile Liability Coverage The contractor shall purchase and maintain coverage on forms no more restrictive than the latest editions of the Garage Liability policy of the Insurance Services Office. General liability, garage liability, and auto liability risks should be covered. $500,000 per occurrence limits are required for all liability, including bodily injury, property damage,?and personal injury. Insurance must be on an occurrence form, covering premises, operations, products and completed operations, independent contractors, contractual liability covering this contract, broad form property damage coverages. Coverage is to include bodily injury and property damage arising out of operation, maintenance or use of any auto, including owned, nonowned, and hired automobiles and employee nonownership use. Garagekeepers Insurance must be provided in an amount no less than $500,000 on a legal liability basis, including comprehensive and collision perils. Fidelity/Dishonesty Insurance Fidelity/ dishonesty insurance is to be purchased in a minimum amount of $50,000 per occurrence, to cover dishonest acts of the contractor's employees, including theft or other dishonest acts involving vehicles. CERTIFICATES OF INSURANCE Required insurance shall be documented in Certificates of Insurance which provide that the City shall be notified at 30 days in advance of cancellation, nonrenewal, or adverse change. New Certificates of Insurance are to be provided to the contractor at least 15 days prior to coverage renewals. If requested by the City, the contractor shall furnish complete copies of the contractor's insurance policies, including all forms and endorsements. Receipt of certificates or other documentation of insurance or policies or copies of policies by the City, or by any of its repregentatives, which indicate less coverage that required does not constitute a waiver. of the contractor's obligation to fulfill the insurance requirements herein. INSURANCE OF THE CONTRACTOR PRIMARY 11 Insurance required of the contractor or any other insurance of the contractor shall be considered primary, and insurance of the City shall be excess, as may be applicable to.claims which arise out of the Hold Harmless, Payment on Behalf of City,' Insurance and Certificates of Insurance provisions of this contract. LOSS CONTROL/SAFETY Precaution shall be exercised at all times by the contractor for protection of all persons including employees and property. The contractor shall be expected to comply with all laws, regulations or ordinances related to safety and health, shall make-special effort to detect hazardous conditions and shall take prompt action where loss control/safety measures should be expected.. The City shall have the right, but not the obligation, to order work to be stopped if conditions exist that prdsent immediate danger to persons or property. The contractor acknowledges that such stoppage will not shift responsibility for any damages from.the contractor to the City. on - BID kESPONSE FORM (144-95) Item Qty. Commodity Description Unit Price 1. Towing Services Class "A" wrecker service $ L4 0. 0c) If "dolly" required $ %// if "flatbed" required $ Class "C" wrecker service (per specifications in the bid package) Please return two (2) copies of Bid Response 1, Contact Bill Baird, 8!3/462-5833 if you have questions regarding th-is ? bid. F.O.B. CLEARWATER Start Time: 1?f??tiiCr ?'??' after receipt of order. 5 Payment terms. Q." r - TITLE/POSITION OF AUTHORIZED REP I 1000A N, BIDDER REPRESENTATION I represent that this bid is submitted in compliance with all, terms, conditions and specifications of the invitation for Bid and.that I am authorized by the owners/principals to execute and submit this bid on behalf of the business identified below. BUSINESS NAME : weE_ FIDn 07. '9'(90 153> STREET ADDRESS : I D J S ,tiJN a ? Jam„ T~r _ ___ CITY, STATE, ZIP CODE: etle r4 ? PRINT/TYPE NAME OF AUTHORIZED REP- lL. OF AUTHORIZED REP: UZ-r SIGNATURE DATE SUBMITTED: ` q TELEPHONE C 313 j,/ -412.5-25r FAX NUMBER : -? ?? APPENDIX • B GENERAL SERVICES VEHICLE TOWING SERVICE THIS VEHICLE TOWING SERVICE CONTRACT is made and entered into by and between the CITY OF CLEARWA`3.'ER, FLORIDA, a municipal corporation, j whose address is P.o. Box 4748, Clearwater, Florida 34618 (hereinafter, the "City's), and , a Florida corporation, whose address is , (hereinafter, the "Contractor") , as. of the c day of , 1995. i WHEREAS, the City and the contractor have agreed to the terms and conditions set forth herein to insure prompt and adequate towing ,service, consistent and uniform fees for the towing and storage of vehicles, and proper safeguards and fixing of responsibility for the preservation and protection of property towed or relocated pursuant to this contract;. NOW, THEREFORE, in consideration, 'of the mutual promises and covenants set forth herein, the sufficiency of which is acknowledged; the parties do hereby agree as follows; 1. Agreement. The City agrees to purchase from the Contractor, and the Contractor shall furnish to the City, the F services of towing of vehicles and other services pursuant to the terms and conditions of this contract. 2. Term, The term of this contract shall be three (3) years. i ? from the date hereof, with an option to extend the term of the # contract for an additional one or two years, provided that both j parties shall agree to such extension, and that the terms, conditions ' and specifications are not substantially changed. 1 3. Definttons. (a) The term "City" means the City of Clearwater Fleet operations. (b) The term. "Contractor" means (c) The term "vehicle" shall apply to all types of motor vehicles, trailers and non-motor vehicles. 4. Records. The Contractor shall maintain and have available at all times, for inspection, by authorized city personnel, detailed records covering all services rendered relative to this contract. 5. Description of Service. (a) The Contractor shall furnish towing service for vehicles upon request by the City's Fleet Operations, such service shall be provided on a 24 hour basis. (b) The Contractor shall also remove non-accident related debris from the public streets whern requested by the Police Department. (c) During the declaration of a voluntary or mandatory evacuation, the Contractor shall have available two (2) wreckers and drivers for assignment by the City. (d) Should the contractor receive a call beyond his capability he may call in another towing service operator to supplement his service. such towing service operator shall be regarded as an employee or agent of Contractor, subject to the same stand&rds of service required of the contractor, and the use of such towing service operator shall not relieve the Contractor of his obligation under this contract. 2 >I 6. Drivers and Other Employees. (a) The Contractor shall have on file a Florida D.H.S.M.V. driver license record for each driver employed by the Contractor; such report shall not be older than one (1) year, and shall ensure that each driver possesses the necessary state operator's or chauffeur's permit consistent with the driver's duties, skills and equipment requirements. (b) The contractor shall assume full responsibility for the conduct of his employees while said employees or Contractor are engaged in the execution of this contract and in the normal scope and course of said employee's employment. The City shall not be liable for any conduct or actions of the contractor, or his employees or agents, which are beyond the scope and course of employment, nor shall the City be liable for any damage to persons or property or other claims of negligence arising from the negligent acts or omissions of the contractor or his employees or agents. The City shall be responsible for the decision or judgment to tow a vehicle, but shall not be responsible for the manner, method or technique by which a vehicle is towed or stored. 7. Equipment _Specifications. (a) A minimum of three (3) Class "A" wreckers (one of - which must be four-wheel drive), one (1) Class "C" wrecker, and one (1) roll back or car carrier in good operating condition shall be requited at the commencement date of this contract and shall be maintained through the term of the contract. In addition, the Contractor agrees to maintain a sufficient fleet of trucks and 3 equipment to perform the total contract service requirements. The city will be given preference on any-call for service. 1. All equipment shall be operational and in good mechanical condition and subject to inspection by the city. Service equipment. shall not be used by the Contractor as emergency vehicles. All towing vehicles shall be equipped with two-way radios capable of covering all territory within the city limits of Clearwater. 2. The Contractor shall meet all requirements of any applicable State, City and county laws, ordinances and .rules, including all applicable licensing requirements. (b) Class "A" Wrecker Specifications. 1. The tow truck shall have a minimum manufacturer's capacity of 10,000 G.V.W. 2. The boom capacity shall not be less than four (4) tons. 3. The power winch shall have a pulling capacity of not less than four (4) tons. 4. The winch spool shall contain a minimum of one hundred fifty feet (150f) of 3/8 inch towing cable. 5. The vehicle shall be equipped with a cradle tow plate or tow sling to pick up vehicles. The cradle tow plate shall be equipped with proper safety chains. - 6. The vehicle shall be equipment with dual rear wheels . (c) Class "CIO Wrecker Specifications. 1. The tow truck shall have a minimum manufacturerO.s a capacity of 25,000 pounds G.V.W. 4 I , 2. The boom capacity shall not be less -than f if teen (15). tons. 3. The power winch shall have a pulling capacity of not less than thirty (30) tons. 4. The winch spool shall contain a minimum of two hundred feet (2001) of 9/16 inch or larger towing cable. 5. The vehicle shall be equipped with a cradle tow plate t or tow sling to pick up vehicles. The cradle tow plate shall be • i equipped with proper safety chains. 6. The vehicle shall be equipped with double boom so constructed to permit splitting, each boom to operate independently or jointly. 7. The vehicle shall be equipped with dual rear wheels. 8. The vehicle shall be equipped with air brakes so constructed as to lock all wheels automatically upon failure. (d) Required Equipment for All Wreckers. 1. All wreckers shall have proper flood lights installed on the hoist to give adequate illumination at night. 2. All wreckers shall be equipped with amber lights installed in front, rear and on each side. Each wrecker shall have a rotor- beam type amber light mounted on top of the wrecker. 3. Each wrecker shall be equipped with the following: r a. One (1) heavy duty push broom b. one (1) heavy duty shovel c. one (1) heavy duty pinchbar, prybar or crowbar ; d. One (1) set heavy duty bolt cutter 5 e. one (1) 5 pound C02 fire extinguisher (minimum) f. One (1) heavy duty dolly capable of handling vehicles and equipment according to wrecker class. 8. Liability--for Vehicles, and Property. (a) The Contractor's liability for any vehicle towed under this contract and all property ,contained therein shall commence at the time the wrecker is hooked onto the vehicle. The Contractor shall be solely liable and responsible to the owner or person entitled to lawful possession of the vehicle for damage to or loss of the vehicle and any personal property in any vehicle towed under this contract. In the event of a complaint of damage or loss, the _Contractor shall cooperate with the City in an investigation pertaining to the complaint, which will include making the wrecker driver or other employees available to the police investigator. (b) The Contractor shall ; be responsible for the safekeeping "of, and shall be accountable to the owner of, the vehicle for all personal property contained therein, including vehicle accessories, while the vehicle is being towed. 9. Charges for Service; Service Call Cancellations; Waivers. (a) All charges by the Contractor for services under this contract shall be in accordance with the following schedule: 1. Class "A" wrecker service . If "dolly" required If "flatbed" required 6 'M 2. Class "C" wrecker service (b) Contractor will be available to service city on a 24 hour per day basis. The City reserves the right to cancel a request for services of the Contractor at-any time, including up to the time of hookup, without.incurring any charges so long as such cancellation is made in good faith upon facts developed after the initial request' for Contractor's services. 10. Cleanup. The Contractor when towing a vehicle shall be responsible for removing from the street all broken glass and other debris that may be in the street. Thb debris thus removed shall be properly and safely disposed of. 11. Insuunce. The Contractor shall procure and maintain during the term of this contract insurance against claims for. injuries to persons or damages to property which may arise from or in connection with performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be borne by the Contractor. specific insurance specifications are set forth in Appendix A, Insurance Requirements attached hereto. 12. Indemnification. The Contractor covenants and agrees to indemnify and save harmless the City from any and all claims, suits, actions, damages and causes of action which arise during the term of the contract for any personal injury, loss of life and property damage sustained in the performance of services by the Contractor pursuant to this contract, excluding claims arising from the city's 7 { AGENDA IDA7 V Y• , fiF rtai Fr ITEM St?l+l?. ? S ?phATEA???? U Clearwater City Commission Agenda Cover Memorandum i t£m fi Meeting Date: jo I 1 q S SUBJECT: Temporary Contract for Tare Services RECOMMENDATION/MOTION: Extend a temporary contract on a month-to-month basis for approximately 90-days (from October 1, 1995 through December 31, 1995) to Dan Olson Tire Service (formerly known as Smith Bandag, Inc.), for tire, service, repair and replacement, at an estimated cost of $GB,750, 0 and that the appropriate officials be authorized to execute same. BACKGROUND: The current contract for tire service, repair and replacement with Don Olson Tire Service (formerly known as Smith Bandag, Inc.) expired on September 30, 1995. This service was re--bid; on September 19, 1995, Don Olson Tire Service filed a bid protest against staff's recommendation to award the new tire service contract to Stringer Tire Company. The protest was sustained on September 21, 1995. As of October 1, 1995, daily operation and emergency tire services for the City's vehicle fleet will no longer be provided by contract. Staff recommends approval of a temporary contract on a month-to-month basis for approximately 90 days (from October 1, 1995, through December 31, 1995) to Don Olson Tire Service. in the interim period, Staff will revise the bid specifications, re-bid the tire service contract and submit an agenda item for the city commission's consideration. This process will require approximately 90 days. The 1995/96 General Services operating budget includes sufficient funds for this contract. Fleet Maintenance Operations/Tires budget code 566-06611- 550700--519-000 has an available balance of $275,000 as of October 2, 1995. Fiscal year impact for FY 1995/96 is estimated at $68,750. Reviewed by: Originating Dept: Costs: S 68,750.90 Coumission Action: Legal ? Gen aL Service Total ? Approved Budget Purchasing $ -- 13 Approved w/canditions Risk Ngmt. A User Dept: current Fiscal Yr. ? Denied Cis N/A various ? Continued to: ACH Funding Source: Other ? capital Iflip. Advertised: 0 Operating Attachments: Date: ? Other Paper: 0 d Not Require submitted by: Affected Parties ® None d Notified Appropriation Code: 566-46611-550700.519.000 city I © Not Required +C.? printed on recycled paper e i0:4: , f 1 B i 'I BID RESPONSE FORM (139-92) Item No. Qty. Commodity Description 7y! CONTRACT FOR TIRE SERVICE FOR THREE (3) YEARS FROM DATE OF AWARD WITH OPTION TO RENEW, BY MUTUAL CONSENT, PER ATTACHED SPECIFICATIONS. .:? ESTIMATED TOTAL PRICE $ n Payment Terms: NET 1st 10th'.' Contact John Stafford, Fleet Administrator, 813/462--6833, with questions regarding specifications. BIDDER REPRESENTATION I represent that this bid is submitted in compliance with all terns, conditions and specifications of the Invitation- for Bid and that I am authorized by the owners/principals to execute and submit this bid on behalf of the business identified below. BUSINESS NAME: SMITH BANDAG, INC. FID9 59-2237£153 STREET ADDRESS: 4450 112th Ter, N. CITY, STATE, 'LIP CODE: CLEARWATER, FLA. 34622 PRINT/TYPE NAME OF AUTHORIZED REP: Richard Whitaker TITLE/POSITION OF AUTHORIZED R SALE MAN SIGNATURE OF AUTHORIZED REP: DATE SUBMITTED: 7--31-92 TELEPHONE: 813-572-7300 FAX NUMBER: N/A -3- i i i. Tire repairs, chanyc-outs and other related service., described in specifications, if both new and recapped tires are purchased from bidder's price list attached. a. m-ts per day (Monday thru Friday) 9.00 Repair b. z-5-on per call (Sat.,Sun.,Holidays) 2. Tire repairs, change-outs and other related services described in specifications, if only new tires are purchased from bidder's price list attached. a. No Bid per day (Monday thru Friday) Repair b. per call (Sat.,Sun.,Holidays) Tire repairs, change-outs' and other related services described in specifications, if only recapped tires are purchased from bidder's' price list attached. a. No Bid-{per day (Monday Efiru Friday) Repair b. per call (Sat.,Sun.,Holidays) Tire repairs, change-outs and* other related services described in specifications, -if neither new tires nor recapped tires are purchased from bidder. a. No Bid per day (Monday thru Friday) Repair b. per calf (Monday thru Friday) New tire price list enclosed per specifications (prepared in format specified and attached to this bid response form (as attachment 2). 3. 5. (Yes/No-) 6. Recapped tires price list enclosed per specifications (use format attached to this bid response form). YES (Yes/No) 7. New tires that vendor (A) has to purchase from other vendors (8) will be priced at state % above vendor (B) billing invoice. 12 NOTE: For hid pricing purposes, contractor will observe City's normal work and holiday schedules. INSTRUCTIONS TO BIDDERS a. If you bid: Item 1 Item 2 Item 3 You must also bid Items 5 & 6 Item 5 Item 6 b. You may bid Item 4 without bidding either Items 5 or 6. C. You may bid Items 5 or 6 without bidding Items 1, 2, 3, or 4. d. Enter "No ;," for any items not b i d on. e. Services and prices covered by this bid shall be effective for twelve (12) months from date of award.- See General Condition 18. } 1 r f t ' i• M i' ' DEALER TO S1Y -.TYPE SW.V ,ZID rt. Bandag' 2A Bandag 25 Bandag 3. Bandag 4 "Bandag. 5.? ,'.i : g , 6A ., Bandag 6B',...' Bandag 6C. Bandag 7A - Bandag 7B Baridag 7C , -; Bandag 3A Bandag 3B Bandag 3C Bandag iD Bandag A Bandag B Bandag Bandag B Bandag Bandag ? Bandag t Bandag s Bandag Bandag Bandag Bandag Bandag Bandag BANDAG RETREAD PRICE LIST M s DESCRIPTION EST, QUANTM 750-16 Highway 16/32 100 1000-20 Highway 16/32 75 1000-20 Radial Plus 18/32 y 875-16.5 Highway 16/32 is 14/80R20 R-4200 20/32 50 900--20 Highway 16/32 35 1000-20 Panda Trac 20/32 "30 1000-20 D-4310 20/32 1000--20 D--4300 20/32 1100•-20 Bandag Trac 20/32 200 1100-20 D4310 20/32 1100-20 D-4300 20/32 11R22.5 Highway 16/32 100 11822.5 Radial 18/32 11R22.5 R-4200 20/32 11R22.5 Omni Bus 20/32 1100-20 Highway 16/32 1100-20 Radial Plus 18/32 1100820 Highway 16/32 1100820 Radial Plus 18/32 1100820 R-4200 20/32 1100R20 , Cm i Bus 20/32 1100820 Banda Trac 20/32 1100R20 D--4310 20/32 1100R20 D-4300 20/32 15-22,5 Wide Base Rib 16/32 15-22.5 Wide Base Lug 18/32 16.5-22. 5 Wide Base Rib 16/32 16.5-22. 5 Wide Base Lug 18/32 UNIT PRICE 50.00 85.40 85.32 50.00 112.05- 81.66 86.01 93.68 92.73 90.49 98.26 98.04 87.68 87.96 90.92 95.01 89.55 89.84 89.55 89.84 92.90 97.17 89.74 92.90 97.16 112.39 116.92 114.76 119.46 Page I r S i E j • , ' NAIL HOM THROUGH B-1 20 N.C. 1 )s• •BEAD REPAIRS (J.L'iC.i.i.i,CNTAL.7 ?ING) ' 1i N.C. , . BEAD REPAIRS ONLY 25.00 s B-142 and B-140 SE=ONS 22.50 + ;; ` • ? : B-144 SE=ONS 27.50 1y 900-20 BIAS'PLY. 15 00 t{. 90020 RADIAL Mv . 55.00 ? '` .1000-20 BIAS PLY 12 PLY 30.00 ' ; ,,. - s,•.t'e 1000=20 BIAS PLY 14 PLY 52.00 1000-20 RADIAL 82.00 1140-20 BIAS PLY". 95.00 11822.5 RADIAL . 92.50 WV, SCRAP Z?tE DISPOSAL ,:, •'.Yas` PASSENGER LIGHT TRUCK'.'. 1.50 NSMMM TRUCK 3.00 ' ?;;-Lr _ LARGE TRUCK 15-16.5-22.5 9.00 OFF ROAD PER COST NOTE 1 --Bandag Tread Designs are too numerous to include all potential treads , ,,in Bid. ( See Bandag Suggested Price List 1-15-91). Fon ul.a 42% of normal 'widths used 01822.5 - 8 - 853 average. NOTE 2 --Smith 'Bandag is an authorized and certified Bandag Dealer using Bandag Tread stock,,repair materials and equipment, including our NDI Tire Casing Analyzer. All work is done in our shop and warrentied by Smith Bandag, Inc. NOTE 3 - All tread stock applied will be according to Bandag Tire Facts Summary. (No shoulder buffing to make narrow sizes fit.) NOTE 4'- All, out of service tires will be written up on Bandag Out Of Service Tire Analysis Report and reviewed with proper management staff to keep updated on performance problems. Page 11 E • ? R i 1 • "LcsdLma the r+etrrAJ Jhdurtry morid"dc" SMITH BANDAG, INC. 4450 112TH TERRACE N. PHONE 813/572-7300 P.O. BOX 17384 CLEARWATER, FL 34622-0384 service Work--•--: -----------------Daily charge $178.50 Daily fee is to compensate for man, truck tools, etc. at primary location; 1900 Grand Ave. Clearwater, Florida.. Included in this daily change is also compensation for additional expenses accrued maintaining Clearwater's Sanitation Fleet, on Wednesdays and bi-weekly Saturday Air Program. To properly maintain and develop a Retread Program it's' '. vital to expend ample time weekly to preserve an Air Pressure Program and monitor times for'proper wear and removal for Retreading. Our recent Fleet Inspection on July 21, 1992 indicated Primary Replacement Tires are new. Fleet Average is 85% New Tires. Normal. Fleet Average should be 85% Retreads. RETREADS - (Waste Management, Waste Aid, BFI) By going to a quality Retread Program you will save approximately $125.00 per wheel position twice per operating year. Fleet inspection also indicated air pressure variations from 70 PSI to 126 PSI in rear tires. Various air pressures in front tires indicated lack of monitoring. Few valve caps. Proper care is imperitive to achieve a profitable, reliable Retreading Program. It is Smith Bandag's intent to develop the most cost efficient Tire Program for your Sanitation Fleet and also counsel on any matters which develop where in the City of Clearwater will save or improve your Tire Program, and/or improve safety for the City of Clearwater. r We look forward to working with Clearwater and staff to develop a profitable partnership. 5 n,cerel , R. Whitaker i ;M .iLv z. • s #1 i NEW T>RE PRICES u ,`~ 'GOODYEAIt TIRE & RUBBER 00. STATE CONMC'T PRICE OOLYmCT # 863-000-92--1 3' 15-92 1EF=GH 3--14--93 ' NEW TIRE PRICING WILL HE ADJUSTED WITH ANNUAL REVISIONS TO G006YM TIRE & RUBBER OD.'S STATE CaVMC:T. BANDAG I& ?,.,---*-=`" PRICING WILL HE GUARANIS THROUGHOUT THE 36 MORM LIFE OF PRICE CONTRACT WITH SMITH BANAAG, INC. STARTING IN OCTOBER OF 1992. _ BASIC FORMULA IS 42% OF BANDAG SUFFESI'ED PRICE • LIST OF 1--15-91, CXOMH7.NE 2 NORMALLY USED WIDTHS + 2 EQUALS BASE K 42% = NET EACH UNIT PRICE. cx1q w USE SIB G ODYFAR STATE PRICE LIST ?3 00, .0 g o//, • commw STATE 385/65822.5 G-286 759--550--541 276.77 •425/65822.5 G-286 759-553-541 305.93 14/60R20 G-186 138-396-893 231.25 1100R20 G-159 138-382-848 191.74 1100820 G-167 138-382•-958 221.38 11822.5 G-259 138•-802.820 182.76 215/70R15 Eagle GT+4 104-339-485 44.04 225/70R15 Eagle GT+4 104-875--486 45.91 1000-20 SUPER HI MILER 122--252-339 125.11 1100-20 SUPER HI MILER 122•-306-339 147.09 GUARANTEED PRICY LAST COLUMN FOR DURATION OF 36 MONTH CONTRACT STARTING 10-92. s ctully Sul:ini R. Whitaker GUARANTEED PRICE 276.77.• 305.93 231.25 208.25 221.38 182.76 48.10 50.58 137.33 147.09 ti 4 S i s ,4 ^si r FENCER 44- 9 I , s , : ;?. WAS?'E AID SYSTEM i, 5718 E. OOLUMBUS CR2VE 33619 r,;?.813-62179453 r' , • ' JAM WHEELER' Zt 4f ' .:B.F.L' .. ` P.O. BOX 158 pINELLPiS - PARK 7813-572-6800.' M: 33664-0158 OQNTACr: VINCE CORM COCA C01 P.O. BOX 1139 TAMPA., ETA.- 33619 813-623--5411 COMACr: BOB YEATER I 5 ALMS Clearwater City Commission Agenda Cover Memorandum Item # Meeting Date: SUBJECT: Contract with Florida Trend magazine for special Clearwater feature supplement RECOMMENDATION/MOTION: Approve a contract in the amount of $35,000 with Florida Trend magazine for the publishing of a special regional spotlight advertorial report on Clearwater/Clearwater Beach and Sand Key, including a 16 page supplement, special advertising rates in the supplement for Clearwater businesses, extra copies and follow up advertising ® and that the appropriate officials be authorized to execute same, BACKGROUND: During the September 5, 1995 City Commission work session, staff presented a proposal from Florida Trend magazine for a special advertorial report featuring Clearwater. Commissioners expressed support for the proposal and directed staff to proceed. This will be the first Florida Trend supplement focusing on an individual city. Previous issues have been regional in focus. The feature will appear in the April, 1996, issue which is also the annual Economic Yearbook issue of Florida Trend. The special supplement will be a minimum of 16 pages. As part of the cost, the City will be subsidizing the expense of placing an advertisement in the supplement for Clearwater businesses. This will enable small businesses to have advertising space in the supplement for a minimum of $199.00. This is a 50% discount for advertisement space. Editorial content will be written by Florida Trend with input from community leaders. The City will have two full page advertisements in the supplement as well as a 1/4 page ad in the May "Vacation Guide" issue of Florida Trend. The City will receive 20,000 extra copies of the special supplement for use in other promotions, such as direct mail campaigns, trade shows and responses to direct inquiries about the City. Florida Trend will promote the special issue in preceding issues and will promote participation by Clearwater businesses through special meetings and direct mail. Funding for this contract will be provided by a first quarter budget amendment transferring $35,000.00 from the unappropriated retained earnings of the General Fund. Revieved by: Originating Dept: Costs: S 35,000.00 Caamission Action: Legal 7!"7 ? In rm ion Management Total ? Approved i Budget Purchasing R 35 000 00 ? Approved u/Conditions Risk Mgmt. ?A Use Dept: , ' Current Fiscal Yr. ? Denied IS NN ACM i fore Tian Management Funding Source: ? Continued to: Other N/A _ ? Capital Imp. Advertised: B Operating Attachments: Date: ? Other Contract Paper: ® N d i ot Requ re Submitted Affected Parties ? [Sono ? Notified Appropriation Code: 010.09215-5x+3100-512.000 ® Not Required city n er r fir. Printed on recycled paper 5 F I 16fidaTrend THE MAGA,ZIN1= OF FLORIDA BUSINESS 1996 Florida Trend City Story Focus Proposal for The City of Clearvater Florida Trend, the magazine of Florida business, is proposing a 16-page regional spotlight advertorial report on Clearwater/Clearwater Beach and Sand Key. This feature will appear in the April issue which is also the annual Economic Yearbook issue. Packed with county-by- county statistics and forecasts for the upcoming year, the April yearbook is the most widely read issue and sells the most copies on the newsstand of any Florida Trend issue. The spotlight report will be a positive promotional tool that will be written by Florida Trend staffer, Janice Sharp, Editor, Special Projects. It is designed to highlight tourism, real estate, economic development, education, and entertainment. It will also cover transportation and high ,technology; the industry segments that help make Clearwater the ideal place to do business. The advertorial writing is based on an approved outline by the City of Clearvater. It will be comprised of 40% advertorial edit and 60% display advertising. - We invite your participation in the development of the writers contact list for interviews by Ms. Sharp. The City of Clearwater will receive the final contact list for review. Bonus We are reprinting a minimum of 12,000 additional copies of this regional spotlight report that will be made available for tourism and convention groups, economic development groups, chambers of commerce, city and county government, commercial and residential real estate and other businesses to use in their promotional efforts for the next few years to attract visitors and newcomers to Clearwater. Your advertising dollars receive double impact. The reprints will be printed on the same paper stock as Florida Trend magazine. (Reprints are usually sold for $65.00 per 100). Promotion An informational brochure will be produced by Florida Trend and mailed to approximately 1,000+ members of the Clearwater business community with a letter of endorsement and support from the City of Clearvater. (sample attached) The special section will be promoted on an on-going basis through advertising in Florida Trend magazine during October, November and December at no cost to the City of Clearvater. Page l of 3 813119f VU Vito 1w, S. , 41,111-irrluou,11, 1,4,1111 4 111,14111+,i1N111 , bah ilsl 1.: ?iU?:! 4> 1996 Florida Trend Proposal for-The City of Clearwater Promotion, continued The April, 1996 issue of Florida Trend will feature a sticker on the cover (all local newsstand and 5,000 copies to key business leaders statewide) indicating the "Clearwater' Special Advertising Section" and the page in the magazine that it starts on. Event Marlcetin To kick-off the regional spotlight report, Florida Trend will host a VIP breakfast (by invitation only) for 75-100 of the key business leaders, VIPs and local government officials in Clearwater. Everyone will have the unprecedented opportunity to have an open forum with Lynda Keever, the Vice President and Publisher of Florida Tread, and Janice Sharp, Editor of Special Projects. Invited guests will have the opportunity to participate in an exchange of ideas regarding various business industries and key activities in their area. The guest list of approximately 300 business executives will be developed by Florida Trend with the assistance and input of the City of Clearwater to ensure a well rounded list. * The total cost of the breakfast estimated to be in excess of $3,000 will be incurred by Florida Trend. This includes VIP mailing list development, printing, postage, staff time, event planning, actual cost of breakfast, Florida Trend staff travel, hotel and meals. Accepted for Florida Trend by: Accepted for the City of Clearvater by: Lynda Keever Betty Deptula Vice President & Publisher City Manager .l Date Date Submitted for Florida Trend by: Lynn Lotkowictz Regional Market Manager Date Page 2 of 3 I 8131195 :a 1996 Florida Trend Proposal for The City of Clearwater PLAN 11 . For a $35,000 commitment, the City of Clearwater will receive a 16-page special advcrtorial report which includes the following: A. Two-page Spread. A two page, four-color spread with guaranteed far forward in the regional spotlight report for the City of Clearwater. 8. Reprints. 20,000 reprints of the regional spotlight report. C. Special ad rate. A two page reduced ad rate format has been designed to give small to mid-sized businesses the opportunity to participate in the spotlight reports (please see attached sample). These ads are available at a 50% discount and payment for this advertising is due in advance. D. VIP breakfast hosted by Florida Trend (see previous page). E. 1;4oduction Charges. The 16-page advertorial will represent a 60% advertising/40% editorial ratio. Florida Trend will incur the necessary internal production changes for putting this section together. Production includes: • Writers fee and expenses • Color separations • Film output • Typesetting, design and layout • Printing and shipping charges F. Sticker. A sticker will be designed and produced by Florida Trend, which will be placed on the cover of the magazine promoting the special advcrtorial feature on Clearwater. Production includes: • Design • Film output • Printing • Sticker placement at printer G. lacation Getaway Guide. Each year in the May issue, Florida Trend features a 16-page NaL:Idon Getaway Guide." This guide is also reprinted for groups and organizations to use in their marketing efforts throughout 1996, for a combined readership of over 170,000. A reader service card is bound-in for readers wanting more information on a particular area. This year alone we have already received over 3,000 response cards from readers interested in finding out more about Florida locations for business and pleasure. As part of this project, Florida Trend will make available the following to the City of Clearwater: • A 114 page, four-color ad in the Vacation Getaway Guide at no charge. This gives you access to the reprints as well. Production of your ad is included. • All leads that are received from the reader response cards and will be sent to you on disc and on mailing labels. This will aid your direct mail promotional efforts and is available at no additional charge. Total Value Plan II: Total Actual Investment by the City of Clearvater: Total Savings Plan II: $60,000 $35,000 $25,000 Page 3 of 3 8/31/95 CLEARWATER CITY COMMISSION Agenda Cover Memorandum Item a Meeting Date: „10/19/95 SUBJECT: SPECIAL EVENT FEES RECOMMENDATION MOTION: Confirm co-sponsorship and waiver of City fees for Special Events approved in the 95/96 Operating Budget including Jazz Holiday, Fun IN Sun, Fourth of July, Family Holiday Traditions and Parade, Turkey Trot, North Greenwood street Festival, and the Martin Luther King Parade at an estimated cost off' $141,980 ($69,720 as cash contributions and $72,260 as in- kindacota t?i;eb pproprie6? aftfi?a?s feu ?,°or?ieo event ?n? Sensors to approve vendors. BACKGROUND: The City Commission has established a policy relating to Special Events and the waiver of fees associated with those events that are City sponsored or co- sponsored. The policy states: "All fees and related charges will be waived for City sponsored or co-sponsored events; i.e. Fun IN Sun, Jazz Holiday, July Fourth, Turkey Trot and Martin Luther King Parade. There shall be an annual review of City sponsored/co-sponsored events during the budget process. An agenda item confirming co-sponsorship and waiver of fees for those events approved in the budget will be brought for City Commission approval at the beginning of each fiscal year. In the event additional money is requested beyond what is included in the approved budget, city Commission approval will be needed before said additional funds are dispersed". This agenda item is provided in response to said policy. Should additional money be requested beyond the "cash" contributions approved in the budget, City Commission approval will be requested. However, "in-kind" contributions are not specifically known until after the events are conducted and amounts shown are estimates. The attached chart shows cash and in-kind contributions that were provided to each of the above special events during the 1994/95 fiscal year and the contributions budgeted for 1995/96. "Cash contributions" to Fun IN Sun and Fourth of July will remain the same in 1995/96 as they were in 1994/95. However, the contribution to Jazz Holiday has been increased from $5,000 to $25,000. The total cash contribution of $69,720 is included in the City's Operating Budget for 1995/96 under "Non-departmental Expenses". Dollars for "in-kind services" are included in 1995/96 Operating Budget under various departments. The cost of E.M.S. services from the Fire Department have not been captured in the past although services were provided to Jazz Holiday, Turkey Trot, Fun IN Sun, and Fourth of July. These costs are estimated at $1,600 for 1995/96 and will be/included in the future. Reviewed by: Legal NZA Budget Purchasing WJA Risk Mgmt. N/A Cis N/A ACM Other Originating Parks & User Dept.: Parks & Re Advertised: Date: Paper: Costs: $141,980 1011 urrent FY - ri Funding Source: _._. Capt. Imp. IL Operating Commission Action: Approved _ Approved Woondkions _ Denied Continued to : Submitted by: City Manager X Not required Affected parties _ Notified _ Not required Attachments: - Other 11. Chart: of Events Appropriation Code: 010-1-07000-5810 None N 4 -?i of 1i x - 4.) 4 m 0 4J W a 1 m 0 V U? V d' w CL 4. m V+ t1b 1" 010 10 C: 10 4) u\ v ??N 0 0 0 10 w d ? 41 W 0 1' c v 4J :3 V P-4 a 0 41 to • a a 41 ate V , b Rb m 1 y 43 0 m N C 4) t O ecd tm 3 •. r C a ... 14 y, 0 4 Ln pl at 1 a t1 O > 41 Q? •.1 t•1 G N W to " Q' °3AQ .. mod' 41 W Cd ?o 0 :9 a $4 ma 44 o°' 0 U 0-4 0 aroma 040 41 Hm O A 4J a 14 (p S4 ,4 g7 O y 0% 3 4 r &.r1 ? p g p1 b [>a 4 m o C 0 o V O O A R M 0 1 04 .-4 W t a i (d 14 0 0 % -H to 8 t O 0 r4 , 4j O fn p [ to 3 • •- 1 a Q w m L N 14 Q .,? O p a p ? a ? rd $4 3 w-4 0-4 ma 00 r+a rd U1AU V 1 ?yUa - v d t1> j no a 'a >, l . to to rd .144V OJ ?W w go i >1 V mH al 4-) 9: •? ya U e a CC .f}s 0404J 4-J 3 V O t] 010 a te} >4 Id 0 0 d 41 iv I 4J 4 yOp? S4 0 0 Id 4J 1:4 0 0% Lwd H rd a) 0 0 0) 13 V 44 rd Id r4 (d 04 a) $4 y -r1 .0 . 41 O O 41 1d \ 4 m 4) a W 0 m w 11 Ln 1 h Q1 U% -A :y 10 Ln r J 44 10d • 4 4 44 a 9? H Id w 11 O+ Ee iii 0 LO g M 4J m H ul % m m 1 H '0 O m i? m 1 1 E - 03 r- %D co co M %D * O UV CO v \ GO \ L1 \ 1ri N LO N u r-1 ri r1 N tR , t!} % N , 4D H N N N N r ? a o+ w tn z o N a O o Q 0 N H t~ O O [+ ICS ? -1 '.I.' H a' O Ln m (/? W IG?] ? 1+1 N H N N Ln 1D N S H r1 r•1 r-1 N VY N N %D Ln °t N N N N H a o+ In x p N a o o a C n n •i• O ri L m pi d' N N N x 14 0 Id b m dl 41 O a w U O .?1 O N H O r i 0 0 trot ?# b ? >1 3 -P y w ? a x 0 N .-8a b •.1 a1 O W 0 a .? a a •.1 O ..?j 10 h k1 w mH N -P w 1q 4 3 z0wru ww 41 am 1.0i U . a U? O y H ? a , W m m a .0 P4m a b V -'? ma b? t,7 G+,?.1 to a >1 3t m 4! O H o id' N W a0 0 a m a roId F 0 3 V ? a Ch Ln C Yd a ? a s,1 ro u 1° a 'ate. 00 -04 J U V V a 0 '0 $4 . 44 a? o m k44 Ln u 0 = 44 uj 44 O40 w4-1 4a ?o o ro 1O. a >1 m a b 4J P4,0 U H ? 1d m a •. ?ma H d •? «? Item # CLEARWATER CITY COMMISSION ? Meeting Dote Agenda Cover Memorandum SUBJECT: 1995 Sidewalk Contract (95--10) - Change Order #2 RECOMMENDATION/ MOTION: Approve Change order #2 to the 1995 Sidewalk Contract 95- 10 to MTM Contractors, Inc. of Pinellas Park, Florida, increasing the contract amount by $80,810.00 for a new contract total of $321,487.50, and approve a time extension of 60 days, ® and that the appropriate officials be authorized to execute same. BACKGROUND: The purpose of this Change order is to add construction quantities to the contract to allow for the installation of ADA improvements in various City Park areas for access to existing park amenities such as restrooms, ballfields, tennis courts, soccer fields and picnic areas. The Public. Works Department has requested assistance to install these improvements within the City parks so that the work can be accomplished at a much earlier date. This Change order also includes work to replace substandard sidewalk ramps on island Estates, island Way, Larboard Way and Dory Passage with ADA standard ramps using funds bonded by the site developer. Finally, this Change order includes stormwater drainage improvements for Landmark Drive and Eastland Blvd. The City has an ongoing sidewalk installation and replacement contract with MTM Contractors. This firm is doing excellent sidewalk construction on the current contract and has provided very good quality work on previous sidewalk contracts such as the concrete sidewalk work on Mandalay Ave. on Clearwater Beach. MTM has agreed to the additional work at existing contract prices. To complete the additional work, this Change order also extends the contract by 60 days. Sidewalk Renewal and Replacement includes increases on existing Item 5B and now Item's 28B and 29B and totals $55,930. Stormwater Renewal and Replacement includes an additional Item #27D for 2" asphalt paving for a total increase of $7,420 for Landmark Dr. and Eastland Blvd. Improvements. The ADA Intersection Improvement consists of increases on new Item #30E, Remove and Replace Sidewalk Ramps, and totals $17,4GO. The available balances in the Sidewalk R & R, Stormwater R & R, and ADA Intersection Improvements capital improvement projects are sufficient to fund this change order. Originating Dept. I Costs: __$80.810_;_00 Legat t , ` i Engineering servic (Current FY) Budget User Dept- Funding Source: Purchasing N/A _ Engineering Services and Parks and Recreation Capt. Imp. X Risk Mgmt._ N/A t!? Advertised: Operating 1s_ N/A ACM ENG. OTHER City Date: Other Commission Action Approved Approved w/conditions Denied Cont'd to Paper: ' ' E Appropriation Code(s) - 3 Attachments: Not required X l 315-92332-563700-541-000 = Change order #2 Affected parties notified I 315-96104.563700.541-000 Not required X 315-92556-563700.541-000 vw Kul Wo CHANGE ORDER NUMBER: #2 PROJECT: 1995 Sidewalk Contract L DATE: September 25, 1995 PROJECT NUMBER: 95-10 CONTRACTOR: MTM Contractors, Inc. DATE OF CONTRACT: 05/19195 6550 - 53rd Street North Pinellas Park, Florida 34665 CODE: 315-92332-563700-541-000(B) 315-96104-563700-541-000 (D)315-92556-563700-541-000 (E1 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT INCREASES: Item # 5B -- Remove and Replace Concrete Curb 400 L. F . @ $ 7.95 = $ 3,180.00 Total Increases $ 31180.00 ADDITIONAL ITEMS: Item #27D - 2" Asphalt Paving 11400 S.Y. @ $ 5.30 = $ 7,420.00 Item #28B - Remove and Replace Sidewalk Ramp 25 EACH @ $250.00 = $ 61250.00 Item #29j3 - Construct 6" Concrete Sidewalk 250000 S. F. @ $ 1.86 = $46,500.00 Item #30E - Remove and Replace 6" Sidewalk 91000 S.F. @ $ 1.94 -_$17,460.00 TOTAL ADDITIONAL ITEMS = $77,630.00 NET INCREASES/ADDITIONAL ITEMS = $80,810.00 APPROVAL OF TIME EXTENSION FOR 60 ADDITIONAL DAYS. STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Original Contract $ 189,630.00 Change Order #1 + $ 51,047.50 Previous contract total $ 240,677.50 Change order #2 ± _ $ 80,810.00 NEW CONTRACT TOTAL $ 321,487.50 Rita Garvey Mayor-commissioner Pamela K. Akin City Attorney (Approved as to form and correctness) CITY OF CLEARWATER,.in PINELLAS COUNTY, FLORIDA Elizabeth M. Deptula city manager MTM CONTRACTORS, INC. BY: `? I/I 8E L John W. McVey, Sec./Treasurer Date: ?2 J 9? WITNESSES: 1 Regof=Anded by is and J. Ba" r, P.E. i Enginee ATTEST: Cynthia E. Goudeau, City Clerk IN 9510col.cox Date: •? i ??F\J ,?rJ? Item Clearwater City Commission He ,eting Date: Agenda Cover Memorandum ?+rir SUBJECT: Annual. Contract for Chlorine RECOMMENDATION/MOTION: Increase contract to Van Waters & Rogers, Inc., Tampa, FL., by $51,090.00, for the purchase of additional, chlorine in one (1) ton cylinders for zhe remaining portion of the contract period 04/04/95 through 02/28/95 in the new estimated amount of $141,480.00 under Pinellas County Co--op Contract in accordance with Sec. 2.564 (1) (d) Code of Ordinances (Other Governmental aid) 0 and that the appropriate officials be authorized to execute same. BACKGROUND: Chlorine in 1 ton cylinders is utilized in the treatment of water by the Water Division and Water Pollution Control. The County Co-op bid was sent to 61 vendors, and 4 bids were received. This contract was awarded April 6, 1995 at a total estimated cost of $90,390.00. Water Pollution Control originally estimated their requirement to be 130 one (1) ton cylinders of chlorine. Water Division's estimated requirement was 100 one(1) ton cylinders. Water Pollution control inadvertently estimated their usage based on six months rather than twelve months. This necessitates increasing the contract for an additional 130 one (1) ton cylinders for the remaining contract period. The additional cost is estimated to be $51,090.00. Current year funding for this contract is contained in the FY 1995/9 department's operating budget. Reviewed by: originating Dept: Costs: Est.%51,090.00 Commission Action: Legal N18 ----- . EA nearing/kP total 0 Approved Budget Pur hasin hasin Pur „?- ? - 40 00 51 Est 5 ? Approved k/condi tions g g c c Nick Msmt. /A 9V User Dept: 'Vie-) , , . Current Fiscal Yr. Li Denied cis N/A ? continued to: ACH Funding Source: Other ? ? CapftAl Imp. Advertised: 0 operating Attachments: Date: r] other " Paper: 0 Not Re uired q submitted by: Affected Parties Appropriation Code: ? None ; ? Notified 21-01351-550400-535-000 e ,F.i t,Y 0143 0 Not Required , I A GEIVDA I'" E f ?. Sat ¦ . I •? M CLEARWATER CITY COMMISSION ?. Agenda Cover Memorandum item 1! Meeting Date (4- !R- 75 SUBJECT% 1995 Gunits Restoration Contract (95-11) - Change Order #1 RECOMMENDATION/MOTION: Approve Change order #1 to the 1995 Gunite Restoration Contract 95--11 to infrastructure Services, Inc./ISI operating Corp. of Franklin, Tennessee, increasing the contract amount by $32,480 for a new contract total of $356,191.00, and approve a time extension of 20 days, ® and that the appropriate officials be authorized to execute same. BACKGROUND: The Public Service Division has requested that approximately 280 lineal feet of 48 inch corrugated metal storm pipe adjacent to Flushing Ave. in Morningside Subdivision be repaired as soon as practical. The existing metal pipe is corroded due to age. The appropriate repair method is pneumatically applied reinforced concrete liner (gunite). The city is just starting a city wide gunite repair contract with Infrastructure Services, Inc. This Change Order proposes to add this structural repair work to the above referenced contract. The badly corroded 4811 pipe was not discovered until after the gunite contract was awarded. To complete the additional work, this Change order will extend the contract time by 20 days. The available balance in the Storm Drainage Renewal and Replacement capital improvement project is sufficient to fund this change order. Reviewed by: Originating Dept. Costs: $32,480.00 Commission Action Legal Budget Engineering Service (Current FY) Approved User Dept. Funding Source: ! Approved Purchasing ! w/conditions i Capt. Imp. X Risk Hgmt. N/A Denied Advertised: Operating i5 N/A Cont'd to 4 t b Date: Other - ACH [nJ _ Paper: . ENC. Appropriation Code(s) Attachments: Not required X /A . OTHER 315.96104-563700-539-000 Location Map ? _ Affected parties subm tte notified Change Order X11 City Hare r Not required X Y614co1-Wn .1 ?I e ? 1 i' t CHANGE ORDER NUMBER: #1 DATE: September 20,_1995 PROJECT: 1995 Gunite Restoration Contract PROJECT NUMBER: 95-11 CONTRACTOR: Infrastructure Services,.Inc./ DATE OF CONTRACT: ISI Operating corporation P.O. Box 680699 Franklin, Tennessee 37068-0699 CODE: 315-96104-563700-539-000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT Additional Item: Item #16 - 3" Gunite Liner 48" Corrugated Metal Pipe APPROVAL OF TIME EXTENSION FOR 20 DAYS 280 L.F. @ $116.00 = $320480.00 STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: original Contract $ 323,711.00 INFRASTRUCTURE SERVICES, INC_./ISI Change order #1 + $32,480._00 ISI OPERATING CORPORATION NEW CONTRACT TOTAL $ 356,191.00 By. (SEAL) Tom K1 a Vica-Pr6sident Date: .,..., -- Rita Garvey Mayor-Commissioner WITNESSES: t Pamela K. Akin City Attorney (Approved as to form and correctness) Re nded by; CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA afd J. Darr, P.E. Engineer l` Elizabeth M. Deptula City Manager ATTEST: Cynthia E. Goudeau, City Clerk Date: 951 ICQI.COX ?. item # CLEARWATER CITY COMMISSION Meeting Date Agenda Cover Memorandum ?6-19. SUBJECT: Property purchase for Cleveland Street Extension and Widening. RECOMMENDATION/MOTION: Accept Contract For Purchase of Real Property from John J. Chiafolo, Jr., a married man, regarding property identified as a portion of the South i of the Southeast ; of the Northwest h of the Northwest k of Section 16, Township 29 South, Range 16 East as more fully described in Exhibit "A" attached to said contract, for the purchase price of $24,900, and pay environmental audit and testing expenses maximally estimated at $2,500, with a boundary survey and closing costs estimated at $750.00, for a total estimated cost of $28,150, ® and that the appropriate officials be authorized to execute same. BACKGROUND: In a 1970 Petition For Annexation, most of the property owners along the south side of Cleveland Street lying west of McMullen Booth Road conveyed twenty foot wide right of way strips to the City as a condition of annexation. The City dedicated additional right of way from the southerly boundary of Chesapeake Park to provide approximately 525 feet of right of way 40 feet in width. Three parcels along the south side of Cleveland Street, lying immediately west of McMullen Booth Road, were not part of the annexation petition and remain within the unincorporated limits of Pinellas County. Existing paving along this portion of Cleveland Street is an aging and deteriorating 10 foot wide asphalt drive. Residents have requested a wider street. The improvement project calls for widening the pavement to 24 feet and extend the improvements approximately 525 feet west of McMullen Booth Road. The extended paving requires additional surface water retention which will be met with acquisition of these two unincorporated parcels that total approximately 14,630 square feet. The negotiated price is $1.70 per square foot, eight cents per square foot below the tax assessed value of $1.78 per square foot as determined by the Property Appraiser's mass appraisal techniques. staff is negotiating with the owner of the third unincorporated parcel to provide a parking easement in exchange for conveyance of the final right of way strip to complete a 40 foot wide corridor for the entire 500 foot project length. Acquisition costs and project construction will be paid through the City's fund for Paving Unpaved Streets. The available balance in this project is sufficient to provide funds for this purchase. Legal CF Budget Purchasing originating Dept. Engineering A Costs: $28.150 (Current FY) $28,150 Funding Source: Capt. Imp. X Operating Other Commission Action Approved Approved w/conditions Denied Lont'd to Risk Mgmt. R/A_ is N/A ACM ERG. OTHER ' N A ? r}r. Submitted by: City Manag Date: Paper: Not required K Affected parties notified Not required Appropriation Code(s) ' Attachments: Purchase Agreement 315-92258-560100.541-000 ? Locator Map Clevtbuy,Agn <r` r r? F4. Jt; ¢ . i j A 'r !!' 1 1 r E z' t? . a r ..F{ i' 4 CONTRACT FOR PURCHASE OF REAL PROPERTY BY TILE CITY OF CLEARWATER, FLORIDA ? PARTIESs JOHN J. CIIIAFOLO, JR., n married span (heroin "Seller"), of 549 Silver Canyon Way, Brea, California 92621, Phones (714) 257-0327, and the CITY OF eLEARWATER, FLORIDA, a municipal Corporation of the State Of Florida (heroin "Buyer" or "City") of P. o. Box 4748, Clearwater, Florida 34610-4748, ATTENTIONt Farl Barrett, Real Eutaw Servican Manager, Phones (813) 462-6042 (collectively "Parties") hereby agree that the Seller ahall "ell and Buyer shall,buy the following real property ("Real Property") and personal property ("Per"onalty") (collectively "Property") upon the following tursns and conditions. THE "EFFECTIVE" DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT, Time periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on A Saturday, Sunday or national legal holiday shall he extended until 5100 P.M. of the next business day. i. pROPE? DESCRIPTION, LEGAL D£SCRIPTIONt A portion of the S h of the SE it of the NW 4 of the NW k of section 16, Township 29 South, Range 16 East, Pinellas County, Florida, as more particularly described in EXHIBIT "A" attachad hereto and made a part hereof. PERSONALTY: NONE 2. FULL PURCIIASE ?H I,0 ............................................. S 24,900.00 3. MANNER -OF__PAYMtNTs City of Clearwater check in U.S. fundu at time of closing ................................... $ 24,900.00 4. pTc'_IE_MINATION OF PURCHASE PRICE The Full Purchase Price as shown herein hats been reached through negotlatione with the Seller by ( ) City ataff (XI Broker acting as Agent of the ( ) City (X) Seller. i 5. TIMIiEOR ACCEPTANCE: APPROVALS Following execution of thin contract by Buyer, the price, tarma and conditions an contained herein shall remain unchanged and be held unconditionally open for a period of 45• days following delivery in duplicate original to Earl Barrett, Real Estate Services Manager for the City of Clearwater for acceptance and approval, or rejection by action of the Clearwater City Conunisision. If thin agreement is accepted and approved by the Clearwater City Commission, it will be executed by duly authorized City offtciala and delivered to Buyer i within 10 days thereafter. If written notice of acceptance is not timely delivered to Seller, at Seller option and upon written notice to Buyer, thin contract shall thereafter be null and void in all reapects. If thin contract is rejected by the Clearwater City conunlaulon upon initial presentation, this contract shall be null and void in all respecta and Buyer ahall be no Informed in writing within 5 days of such action, 6, TITLE Seller warrants legal capacity to and uhall convey marketable title to the Property by Statutory Warranty, Trustee's, Personal Representative'u or Ouardlan'a Deed, as appropriate to the statists of Seller, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwiae title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenantu, restrictiona and public utility easements of record; and (other matters which title will be subject)I NO OTHERS, provided there exiuts at closing nu violation of the foregoing and none of them prevents Buyar'a intended uuu of the Property an a reLtution pond. Seller warranta and ,represents that there is ingruuu and egreua to thu Real Property sufficient for tho Intended use au deacribed heroin. 7. TITIX EVIDENCE Seller shall, at Seller uxpunuu and within 15 dayu prior to cioeing date deliver to Buyer a title insurance cortmtitment- la"ued by a Florlda licensed Litlu inuurer agreeing to liens, ancumbrancou, excuptions or qualificationu not forth in thLe Contract, and those which shall be dlecharged by Seller at or before closing. Seller shall convey a marketable title'subject only to Ilona, encumbrance", exceptlona or qualifications out forth in this Contract. Marketable title shall be determined accordlnq to applicable 't'itle Standardu adopted by The Florida Bar and in accordance with law. Buyer Shall have 5 days from receiving evidence of title to exan3lne It. If title its found dof(ACLivu, Buyer uhall, within 3 days thereafter, notify Sutler in writing apecifying defact(u). If'tha defect(a) render title unmarketable, Seller will have 120 days from ruculpt of notices within which to remove the defect(a), failing which Buyer shall have the option of uither accupLlrtg Lhe title as it then is or withdrawing from thin contract. Saliee will, It title is found unmarkutable, make diligent effort to correct dsfect(u) Its title within the timu provided thsrufor, including the bringissg of suscsssary suits. Page 1 of 5 i 11 I? 1 i 4 r`' ? r„ r; AA. '. ?r t r . 8. SURVEY Buyer, at Buyarls expense, within time allowed to deliver evidence of title and to examine same, may have Real Property surveyed and certified to the Buyur, Seller and closing agent by a registered Florida land surveyor. If survuy shows any encroachment on Real Property, or that improvements located on Real property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida statutes. 9. NOQD.DESTORYINa a s I S c 0? "llopq destroytnq r a " es a o 0 0 plant1lfo which May dnMaQe the wood i a tru a as de kged_in_p._S, 402.021(26). It Improved real property, Buyer may, at Buyer's expanse, hove the Property inspected by a Florida-licensed pest control business to determine the presence in the improvements' of pant or present infestation and damage caused by infestation. Seller shall have 5 days after receipt of Buyer's written report to obtain repair estimatou from a licensed building or general contractor, and treatment estimatu from a licensed peat control business. Seller shall treat and repair the Property if the cost to do no does not exceed 3% of the purchase price ("Treatment/Repair Limit"). If the cost of treatment and repair exceeds the Treatment/Repair Limit, either party may elect to pay the excess, in which event the Buyer shall receive a credit at closing equal to 3t of the purchase price, failing which, either party may terminate this contract. If there is no evidence of live infestation and the Property is covered'by a full treatment warranty, Seller shall transfer the warranty to Buyer at closing and shall not be obligated to treat the Property. I.Q. CLOSILIG PLACE AND RATE (X) Seller ( ) Buyer shall donignato closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before 45 days following the Effective Date, unleus extended by other pruviaions of title contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, "then upon giving written notice to the other party, time of closing may be extended up to 30 days without effect upon any other term, covenant or condition contained In this contract. 11. CLOAIHG DOCUMENTS Seller shall furnish deed, bill of sale (if applicable), mu chanic'u lion affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller In a corporation, Seiler shall deliver a rusolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and getting forth facts showing the conveyance conforms with the requirements of local law. Buyer shall furnish closing statement. 12. LO$IrG Ex F SES Documentary stamps) on the deed, unless thin transaction in exempt' under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 13. PROBATIONS: CREDITS Taxes, assesumenta, rent (if any) and other rever?uu of the Property shall be prorated through the day before closing. Closing agent shall collect all ad valorem taxes uncollected but duu through day prior to cloning and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the property trom taxation as provided In chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertainud, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any dopouitu hold by Seller In trust for third parties in occupancy of the Property shall be credited to Buyer at time of closing, Aneussmentu for any improvements that are uubstantialiy compluLa aL time of closing shall be paid in rul; by Seller. 14." OCCUPANCY Seller warrants that thorn are no partiuU in occupancy other than the Seller, or as otherwise diuclosed heroin. If Property in intunded to be rented or occupied beyond cloning, the fact and torms thereof shall be stated herein, and thu tenant(s) or occupants disclosed pursuant to Paragraph 15. Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated hur•oin. If occupancy is to be delivered before closing, Buyer ansumos all rink of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be doomed to have accepted Property in its existing conditions an of the time of taking occupancy unless otherwise stated herein or in separate writing. Page 2 of 5 V , ,1 V 15. ]EASES Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written losses and estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental rates, advanced rent and sucurl.L'y deposits paid by tenant. t.' If Seller Is unable to obtain much letter from each tenant, the same information shall he furnished by Seller to Buyer within that time period in the form of it Seller's affidavit, and f Buyer may thereafter contact tenants to confirm such information. Seller shall, at closing, tiF deliver and assign all original leases to Buyer and credit Buyer with all advanced rents and ?`. security deposits paid by or on behalf of each tenant. 16. EBOPCHTI C 4 Seller shall deliver the Property to Buyer at time of closing In its present "as in" condition, ordinary wear and tear excepted, and shall maintain the landscaping and ??- grounds in a comparable condition. Seller makes no warranties other than as disclosed " " herein in paragraph 22 ( SELLER WARRANTIES ) and marketability of title. Buyer's " " ' covenant to purchase the Property as is is more specifically represented in either subparagraph a. or b. as marked (XI. • A. ( ( As Ist Buyer has inspected the Property or walvuu any right to inspect and accepts the Property in Its present "as is" condition. ' b. (Yj As Is With Right of Inspections Buyer may, at Buyer expense and within 30 days . ? from Effective Date ("rnspoction Period"), conduct inspections, tests, i? environmental and any other investigations of the property Buyer deems necessary to determine suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, Its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such t persona enter the Property and conduct the Inspections and Investigations at their own rink. Seller will, upon reasonable notico, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics Ilan being filed against the property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are ?•' reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise ?st remedy such conditions to Buyer satisfaction; or Buyer, at its option, may elect c . to accept a credit at closing of the total estimated repair costs as determined by p :•• a licensed general contractor of Buyer's selection and expense. if this ' transaction does not close, Buyer agrees, at Buyer expense, to repair all damages t to the Property resulting from the Inspections and Investigations and return the Property to its present condition. 17. WALK-TOROpOR 111SPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "walk-thrOugl." Inspection of the Property to determine compliance with any Buyer obligations under Paragraphs 9 and 16 and to insure that all Property Is In and on the premises. No ;taw issues may be raised as a result of the walk- through. 18. SELLXR HeLD 118RMLE55 Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute, F.S. 7513.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the inspections and investigations described in Paragraph 16(b) resulting from Buyer'a own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. 19. HISK OF _)„qs5 If the Property is damaged by fire or other casualty before closing and coat of restoration does not exceed 3% of the aseoneed valuation of the Property so damaged, coat of restoration shall be an obligation of the Sailer and closing shall proceed pursuant to the terms of this contract with restoration costs escrowed at closing. If the cost of restoration exceeds 31 of the auuesaed valuation of the improvements so damagud, Buyer shall have the option of sitber taking Oho Propurty "an is", together with either the 31 or any insurance proceeds payable by virtue of such loss or damage, or of canceling thin contract. 20. EROCOUS OESAL3I CLOS_INa_PR2299OUt' The deed shall ba rucorded upon rlu,;rance of funds, Proceeds of sale shall be held in escrow by Seller's attorney or by spch•othur mutually acceptablu eucrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable from the ditto of the last title evidence. If Seller's title in rendered unmarkutablu through no fault of the Buyer, Buyer uhall, within the 5 day period, notify the Seller In writing of the defect and Seller sha13 havo 30 days from the drto of receipt of such notification to cure the defect. If Suller fails to timely cure the defect, all fundu paid by or on behalf of the Buyer shall, upon written demand made II V Page 3 of 5 by Buyer and within 5 days after demand, be ruturned to Buyer and simultaneously with ouch .' repayment, Buyer shall return Personalty and vacate Real Property and reconvoy it to Seller -by special warranty dead. If Buyer falls to make'tlmely demand for refund, Buyer shall take title "an is", waiving all rights against Sellur as to. any intervening defect except as may be available to Buyer by virtue of warranties contained in tho deed. The escrow and closing procedure required by title provision may be waived if title agent insures adverse matters pursuant to section 627.7841, F.S. (1907), as amended. 21. 9FAULT ' If this transaction is not closed due to any default or failure on the part of the Seller, other than to make the title marketablu after diligent effort, Buyer may nook specific performance or untlaterly cancel' this agreement upon giving written notice to seller. If thin transaction is not cloned due to any default or failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage foe regarding this transaction, the defaulting party shall be liable for such fee. 22. SELLER-WARRANTItS Seller warrants that there are no facto known to Sullen that would materially affect the value of the property, or which would be detrimental to the Property, or which would effect Buyer's desire to purchase the property except as follows: (Specify known defects. If none are known, writs "NOME") 5. . ( Buyer shall have the number of days granted in Paragraph 14(b) above ("Inspection Period") to investigate said matters as disclosed by th© seller, and shall notify seller in writing ,3.. whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract. If Buyer fails to no notify Seller within said time period, Buyer shall be deemed to have waived any objection to the disclosed matters and shall have the obligation to close on the contract'. 23. RADON GAS NOTIFICATIOlt In accordance with provisions of Section 404.056(6), Florida Statutes (1969), all amended, Buyer in hereby informed as follows: 0 t' RADON GAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health rinks to persons who are exposed to it over time. LOVOle of radon that exceed federal and state guidelines have boon found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. 24. CONTRACT NDT RECORDABLE. PERSONS BOUND Neither this contract nor any notice of It shall be recordud in any public records. This " contract shall bind and inure to the benefit of the parties and their successors in intorant. , Hhunever the context permits, singular shall include plural and one gundur shall include all. 25. UOTIG All notices provided for herein shall bu duemod to have boon duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the partles to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will Ln any way act at the behest of the parties to satisfy all terms and conditions of this contract. 26. ASBiDHR1iIf ITYr PEnS? IQfr1 This contract (XJ is not auuignable ( J is auuignablu. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. 'Phis contract is binding upon Buyer, Seiler, and their heiru, personal ruprauuntatives, auccuusoru and assigns (if auslgnmunt is permitted). 27. ATTORNEY FEES: COSTS In any litigation arluing out of this contract, the prevailing party shall be untitlud to recover reasonable at'torney's fuuu and coats. 28. TYPFWRI=EH OR IIANDHItITrElf_I!ik9Y1S14?S Typewritten or handwritten provisions 011011 control all printed provLolona of contract In conflict with them. 3. 29. NO RRQKE1t Buller and Buyer ropreuunt and agruu thuy have duals with no Broker or finder in r, - connnctlorl with tile tranuactions coa,tarnplatud Iruruby, other than Pruduntial Brullant }realty, J: inc., Palm Ilarbor, Florida, ruprusunting the Seller, and wlrouu fun shall be paid by tile Seller. Sellnr arid Buyer furthur agros to indemnify tike other from any damage, liability or expense uithur may suffer as u result of any claim of a Broker or finder other than as IdantLflod heruln, with whom it Lu datermined that the othur party has dealt with In contravention of this agruomuntl uxcupt, howuvur, that total city obllgatlonu under this provision shall be subject to the limits and rust.rictionu of tl:e Florida uovureign immunity ! statute, F.S. 760.28. Page 4 of 5 4 1 ? 10. &a= QF PABTtALJUVALIDITY The invalidity of any provision of this contract will not and shall not be doomed to effect the validity of any other provision. In the event that any provinion of this contract is held to be invalid, the parties agree that the remaining provloions shall be doomed to be in full force and effect an if they had been executed by both parties eubsoquant to the expungement of the invalid provision. 31. GOVERNINO LAW It In agreed by and between the parties hereto that title contract shall be governed by, construed, and enforced in accordance with the laws of the State of Florida. 32. U PA S rACSTIJILZ O This contract may be executed In two or more counterparts, uach of which shall be deemed an original and all of which together ahall,conutitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be doemed an original. 33. SPECIAL CLAUSES (1L) Not applicable, U,.,jj ( ) An Addendum containing special clauses that constitute agreements and covenants between the parties is attached to and a part of title contract. When any special clause in the Addendum iu in conflict with any provision contained elsewhere in thin contract, then the special clause xhall govern. 34. EX1119ITS ATTAUED EXHIBIT "A" (legal description) is attached hereto and made a part of this contract. 35. FtITI EE AOBMENT Upon execution by Sailor and Buyer, this contract shall eonetituto the entire agrosmant between the parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or conditions, in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged heroin. Any changes to be made in this agreement shall only be valid when expressed In writing, acknowledged by the parties and incorporated heroin or httachad hereto. TRIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OIL AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Dates 3a03 Sa ers -`3o n J. C a Of , Jr. Social security or Tax 1.5.7 APPROVED AND ACCEPTED this day of , 1995 (the Effective Date). Countereignedr Rita Garvey, Mayor-Comm ss oner ---. CITY OF CLEARWATER, FLORIDA Uyr Elizabeth N. ueptu a, City Manager Approved as to form and legal sufficiencyr Pamela K. Agin, City AttOrrlay I ATTEST; Cyrrt ft E. Goudoau, City C or t I I i r .ti is 4i r. 5 .I u V 5 of 5 1 I 1 1' EXHIBIT 'tall !. ,i ' 'S:! ll wn '• That portion of the South I of the Southeast Y of the ?Northwest h of the Northwest i of Section 16, Township 29 South, Range 16 East identified as Parcel #1 and Parcel 12 and being more pOrLlculnrly described as follows: {reel ??, (I.D.. "o. 16'-29'-16-00000-220•-3200) The Cast 75 feet of t-hu West 461.05 of the North 110 feet of the South h of the Southeast- y of the Northwest ; of the Northwest ;; anti i?arggl ?2 (I.0- No. 16"29-0-00000-220--0700) The Lust 58 feet of the West 519.U5 feet of the north 110% t feet, of the South of the Southeast of the Northwest A 'f of the Horthwest Y 1 1 t ?? ,. r . ! Y ?S L Ti1V n n w ?1 n n h ? 1 ??jr ti 3?c? t' in ue:? ., O un?tt V ua_nn ., w IY' m ay =?' 22/13 n °n V 9i? t °n ty t y n w ? F iv F. n ? rl tv N t ? + n n F ? ? Cn -- +'1 .. N j j O O d 22/12 r? N, fY? pIV nN N q N ?i '° t, .°I N ?r I R x ? " ? _ q f W•y„h `IS:a=A7 lW=III' 114=1n1 tiun . r 1` ? IU Et1CI?:uj- 22/18 3] 22/11 n ^ • t 1 10? 1 - ~ 1 6l1 = t 1 2 3 U4 5 6 4 n 'r'• F Y N ? tAj u =? a r c 1 j 12 11 to e b 7 ti f ?a AY . t I{{ N n y V h x A A ? ? ? ( ? N4l-110 F' i 1 1?1 I I ? 1 S 1 i? i 1 V 11 0 U . j1 I I . 1 'Irr 1 i . 2 w is w r1 < w ?oQ o `c) r l? O ?p Cl. N '?' 00 m LOCATOR MAP (Chiafoio Purchase) 5 N ? i 0 • ? 0 1 "' 2 2 / 2 t',D (0 N N CITY OWNED 6235 - " do PARK 272 o a rv N W I®ISl? lsl?l PROJECT LIMITS 11olWlal0 kF °' ° w CO 6A - "' 1 =2=1 rn to 00 a d CL ,? ° 75 b0 In a cD to tl- CD 1 U x ' n ? NE OTIATIN cl, PROPERTY j ?-, c•! N PURCHASE °' ? tv ?' d tn N 216 243 N N co 4 c`l (n r 25 12 2 'I co c° n q t to cam! co to co to co O N N ? N N N N N I N l N N c\j 20 R N >k k t11il. N N 0 . 3306-51'2 3306-497 3 0 - -a _3504 rl 3518-21 S Gas Ease?n0 CHERRY LANE 50 too 3940 26 100 too ''- 22/17 22-- 18 22/24. 22/29 N ?'l c •l 200 cD _ z ZD CNI Ln CSI U) O ca 0 In •'- CLEARWATER CITY COMMISSION Agenda Cover Memorandum Item # Meeting Date d-1 SUBJECT: Sale of City-owned real property. RECOMMENDATION/MOTION: Accept Contract For Sale of Real Property legally described as Lot 34, Block E, FIRST ADDITION To SUNSET POINT, A/K/A 1872 Springtime Avenue, to Clearwater Neighborhood Housing services, Inc. for $12,000 cash, subject to terms and conditions contained in the contract, ® and that the appropriate officials be authorized to execute same. BACKGROUND:. On April 20, 1995, the city Commission accepted title to this vacant single family residential lot by Quit Claim deed from the U. S. Department of Housing and Urban Development (HUD), Title was conveyed to the City by HUD in lieu of payment of a City demolition expenditure in the amount of $6,016. In an advertised public hearing on May 18, 1995, the City Commission declared the lot surplus for the purpose of offering it for sale for the minimum bid amount of $15,300 as determined by a March 20, 1995 fee appraisal. The property was duly advertised for sale by the Purchasing Department and Invitation to Bid 145-95 was issued on August 17, 1995. No bids were submitted by the September 7, 1995 bid deadline. Chris Van Slooten, SRA, who performed the March appraisal of the property was asked to revisit the market and update the earlier appraisal. By letter report, Mr. Van Slooten amended his valuation to $12,000 as of September 8, 1995. The four parties who previously obtained bid packages were notified of the amended valuation and again invited to submit bids in the minimum amount of $12,000 by September 25, 1995. CNHS submitted the only timely bid meeting the bid requirements in the minimum acceptable amount of $12,000. Closing of the transaction is to occur within 45 days of contract acceptance by the City Commission and is conditioned upon CNHS having closing funds available to it from its CDBG subreceipient grant from the City's Economic Development Department. Among other provisions, the contract contains a reverter provision in compliance with Section 2.665, Code of Ordinances of the City of Clearwater. After estimated closing expenses of $450, reimbursement of $550 expended in acquiring and perfecting title, and payment of the demolition expenditure of $6,016, the City will receive excess sale proceeds of approximately $4,934 in this transaction. i Reviewed by: Originating Dept. Costs: -0- Commission Action Legal y Engineering (Current FY) Approved Budget NIA I User Dept. l -- Funding Source: i Approved Purchasing NIA I Central Permitting I I w/conditions f Capt. Imp. f Risk Mgmt. NIA ; fIf Denied Advertised: operating !5 NIA i Cont'd to ACii ?J Date: Other I Paper: ENC. I Appropriation Code(s) Attachments: ., ,y Not required K Copy of CNHS contract submittal Central Pe ittin?? i Locator map r } Affected parties ti Submitted by, notified i i city Manage Not required x i f I I U72om1*,Agn r° i? r 1? 1' t w , i' 1 j, ,l ;f . i° ;t 1 f ..r '1 . t• t A .i CONTRACT FOR SALE OF REAL PROPERTY : BY T11E CITY OF CLEARWATER, FLORIDA PARTIESt The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida 3 (herein "Seller" or "City"), P. 0. Box 4748, Clearwater, Florida 34618-4748, and CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC. (herein "Buyer"), a Florida Corporation Not-For-Profit, of 608 North Garden Avenue, Clearwater, Fl. 34615, Phone: (813) 442-4155 (collectively "Parties"), hereby agree that the seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY AUTHORIZED CITY OtFICIALs. TIME IS OF THE ESSENCE IN THIS CONTRACT. Time periods of S days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M. of the next business day. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION: Lot 34, Block E.r FIRST ADDITION TO SUNSET POINT, according to the map or plat thereof as recorded in Plat Book 5, Page 95 of the public Records of Pinellas County, Florida. STREET ADDRESS (City/Zip/Stata)r 1872 Springtime Avenue, Clearwater, Florida 34615 PERSONALTY t NONE 2. FULL PURC118SE PRICE ............................................. $ 12,000.00 3. MhEWER OF PAYMENT Total Dspoait(s) to be held in escrow by N/A S -0- Balance to be paid at closing in U.S. funds, cash, certified or cauhior's check, subject to adjustments and prorations.......... S 12,000.00 4. T11IRD_PARTY FINANCING Buyer warrants that at time of execution of this agreement sufficient funds are available to close the purchase herein described in accordance with terms and conditions as contained herein. Said funds are currently available as a community Development Block Grant (CDBG) eubrsciplent grant to the Buyer administered through the Economic Development Department of the City of Clearwater. Closing of this transaction is conditioned upon the continuing availability of said funds at time of closing as defined in Paragraph 10 below. 5. -XIMNi_ ELM ACCEPTANCE Following execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl Barrett, Real Estate Services Manager of the City of Clearwater for acceptance and approval by action of the Clearwater City Commission ("Commission"). If title agreement in accepted arid approved by the Commission, it will be executed by duly authorized City officials and delivered to Buyer within 30 days thereafter. If this contract is rejected by the Commission upon initial presentation, this contract shall be hull and void in all reapectu and Buyer shall be so informed in writing within 5 days of such action. 6. TITLE seller shall convey marketable title to thu Property by Special Warranty Dead, subject only to matters contained in Paragraph 7 and those otherwise accepted by Buyer. Otherwise title shall be free of lions, easementu and encumbrancos of record or known to Seller, b+it subject to property taxes for the year of closing, if any; covenants, restrictions and public utility easements of record; and (other matters which title will be subject= NONE; provided there exists at cloning no violation of tits foregoing and none of them prevunte Buyer's intended use of the Property as a--il,(luc Jo f,amlIyr ropldclEltial huIId Ino Ia?t. 7. TITLE EVIDENCI. Sailor shall, at Seller uxpunuu and within 15 dayu prior to Ciasing data doliver to Buyer a title insurance couunitmoot iunued by a Florida licunned title insurer agreeing to lLena, encumbrances, excupLlonu or qualificationu est forth in thiu Contract, and thoue which shall be discharged by seller at or before closing. Seller shall convoy a marketable title subject only to liuna, uncumbrancuu, excupLionu or qualifications uut forth in this Contract. Marketable ti.tlu shall be duturmirlud according to applicable 't'itle Standards adopted by The Florida Bar and In accordance with law. Uuyur uhall have 5 days from rueolving evidence of title to examine Lt. If t1Llu is found dufective, Buyer shall, within 3 days thereafter, notify Sailor In writing upocifying dufuet(u). If Lhu dufect(s) rendur title unmarketable, l1ngu 1 of 5 r ,i 'r ;y V? • ?r >t r 1i r 1 rl` ?fw Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then in or withdrawing from thin contract. Seller will, if title is found unmarketable, make diligent effort to correct defect(s) in title within tile time provided therefor, including the bringing of necessary suits. 0. CERTAIN-RIGHTS RESERVED As required by Section 270.11, Florida Statutes, the Sullen reserves unto itself and its successors an undivided three-tourthe (3/4) interest in, and title in and to an undivided three-fourths (3/4) interest in, all the phosphate, minerals, and metals that are or may be i in, on or under the real property described heroin, and an undivided one-half (1/2) interest in all the petroleum that is or may be in, on, or under said property with the privilege to mine and develop the same. If„Sh2 real property being 4;9nveved hereunder is less than 20 4. USE RESTRICTION? RIGHT OF-REVERTER The parties hereto acknowledge that the deed of conveyance from Seller shall contain the following language and provisional IN COMPLIANCE WITH SEG. 2.665, CODE OF ORDINANCES OF THE CITY OF CLEARWATER, } FLORIDA, THE PARTIES EXPRESSLY COVENANT AND AGREE AS FOLLOWSt a. Neither Grantee nor any successor grantee in title or interest shall use the property described herein for any purpose or purposes for which ad valorem property tax exemption would be available. b. Application by the Grantee, or any successor grantee in title or interest, to the property appraiser of Pinellas County, Florida, for ad valorem tax exemption shall cause title to the Property described herein to revert to the City of Clearwater automatically as of the date the application is filed and regardless of whether the application is ultimately granted or denied. C. This restriction and reverter shall run with the land and reverter hereunder shall be to the city absolutely and not to any intervening owner of the property. d. All subsequent deeds or other instrument of conveyance shall contain this restriction. This restriction and reverter shall run with the land in perpetuity. 10. SURVEY Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine name, may have Real Property surveyed and certified to the Buyer, seller and cloning agent by a registered Florida land surveyor. If survey shown any encroachment on Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title dufuct. 11. WOOD MST-gloying O G S C ID "WooLdeatrovilIQ o a ism" a s arthrop2d Or planL_Ufa w i ama a tile W024 in 8 s uc u o as de i ed i s 482,021061, Buyer may, at Buyer's expense, have the Property Inspected by a Florida-licensed pent control business to determine the pceaence in the improvements of past or present infestation and damage caused by infestation. Seller shall have 5 days after receipt of Buyer's written report to obtain repair estimates from a 11ceneed building or general contractor, and treatment estimate from a licensed pout control buainaas. Seller shall treat and repair the Property if the cost to do so does not exceed 31 of the purchase price ("Treatment/Repair Limit"). If the coat of treatment and repair exceeds the Treatment/Repair Limit, either party may elect to pay the excaue, failing which, either party may terminate this contract. If there Is no evidence of live Infestation and the Property is covered by a full treatment warranty, Seller shall transfer the warranty to Buyer at closing and shall not be obligated to treat the Property. 12. CLOSING PLACE AND DAT Seller shall dealgnatu closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before 45 days following the effectlye da.5.4, unless extendud by other provisions of this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as not forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 30 days without effect upon any other term, covenant or condition contained In thin contract. Page 2 of f f? ./ .i ,f t! r? t, ¦.. s ( 'z 13. CLQ$tlo_DOCUMEN'r4 seller shall furnish deed, bill of sale, Mechanic's lion affidavit, asuignmento of leaser, tenant and mortgage estoppel letters, and corrective lnotruments an applicable to this transaction. Buyer shall furnish closing statement. 14. CCLOSINg EXPENSES Recordation of the deed and Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall pay the costs of recording any corrective instrument3. 15. PRORATIONS;_ CREDITS If there should exist any taxes, assessments, runt and other r,evanue specific to the Property, all of such expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments for the current yunr cannot be ascertained, rates for the previous year shall be used with due allowance being made for improvements and exemptions. Any deposits hold by Seller in trust for third parties in occupancy of the Property shall be credited to Buyer at time of cloning. Assessments for any improvements that are substantially complete at time of closing shall be paid in full by Seller. 16. PROPERTY-CONDITION Seller shall deliver the Property to Buyer at time of closing in its present "as Is,, condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller makes no warranties. other than as disclosed herein and marketability of title. Buyer's covenant to purchase the Property "as is." is more specifically represented in either subparagraph a. or b. as marked (XI. a. ( J As Ins Buyer has inspected the Property or waives any right to inapect and accepts the Property in its present "as is" condition. b. (X} As Is With Right of Inspections Buyer may, at Buyer expense and within 30 days from Effective Date ("Inspection Period"), conduct inspections, tests, environmental and any other investigations of the Property Buyer doems necessary to determine suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services an may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer, unless seller elects to repair of otherwise remedy such conditions to Buyer satisfaction. If this transaction does not close, Buyer agrees, at Buyer expense, to repair all damages to the Property resulting from the inspections and investigations and return the Property to its present condition. 17. SEI.I,FR L I "IL SS Buyer agrees to indemnify and hold harmless the Seller without limitation from any losses, damages, cants, including attorney's fees, claims of injury to or death of any psrson(a(, any damage to property of Buyer, or the Property, and from and against any and every liability to any person arising from Buyer conduct of inspections, investigations and any work performed pursuant to Paragraph 16. 18. RISK of LOSS If the Property is damaged by firo or other casualty before closing and coat of restoration does not exceed 3% of the assessed valuation of the Property so damaged, coat of restoration shall be an obligation of the Seller and closing shall procoed pursuant to the terms of this contract with restoration cants escrowed at closing. If the cant of restoration exceeds 31, of the assessed valuation of the improvements so damaged, Buyer shall have the option of either taking the Property "as is", together with either the 3% or any insurance proceeds payable by virtue of such loss or damage, or of canceling thin contract. 19. PROCEEDS OF SALE: CLO SING PROCEDUH The deed shall be recorded upon clearance of funds. Proceeds of sale shall be hold in escrow by Seller'a attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or change which would rendesr Seller's title unmarketable from the date of the last title evidence. if Seller's title in rendered unmarketable through no fault of the Buyer, Buyer shall, within the 5 day period, notify the Seller in Nriting of the defect and Seller shall have 30 days from the date of receipt of ouch notification to cure the defucL. If Seller falls to timely cure the defect, all funds paid by or on buhalf of the Buyer shall, upon written demand made by Buyer and wit!?in 5 days aftur demand. be returnud to Buyer and simultaneously with such repayment, Buyer shall return Puruonalty and vacate Rual Property and reconvEey it to Suller by speclal warranty deed. If Uk4yer falls to make t1muly dumand for refund, Buyer shall take title "as is", waiving all rights against seller as to any intervening defect except as may be available to Buyer by virtue of warranties contained in thu deed. The escrow and closing procudure raquired by this provision may be walvud if tiLlu agent Insures adverse matters pursuant to Suction 627.78.11, F.S. (1987), as amundud, Pdgu 3 of 5 1 ? Y v. s .1 ,;u 1 .I ,w Tr u +. s'r f? 4; ,111 y Y r e? . . ,k I r, r' f' j' Y 20. DEFAULT If Buyer fails to perform this contract within the time specified (including payment of all deposit(s)), the deposit(a) paid by Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all obligations under thin contract; or Seller, at Seller option, may proceed In equity to enforce Seller's rights under this contract. If, for any reason other than failure of Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or refuses to perform this contract, the Buyer may seek specific performance or elect to receive the return of Buyer deposit(e) without thereby waiving any action for damages resulting from seller's breach. 21. RADON 2&S NOTIFICATION RADON CAS: Radon is a naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon teating'may be obtained from your county public health unit. 22. CONTRACT NOT RECORDABLE:_ PERSONS BOUND Neither this contract nor any notice of It shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. i 23. O C All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addreueed to the respective party to be notified, including the parties to this contact, the"parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 251. ASSIGNABILITY: PERSONS BOUND This'contract ( ) is not assignable (x) is assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, peruonal representatives, successors and assigne (if assignment to permitted). 25. ATTORNEY-FEES: COSTS In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable attorneys fees and costs. 26. NO BROKE i f a ?r 'i Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total city obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign , Immunity statute, F.S. 768.28. ky j'. r, 21. TYPEWRITTEN OR HANQWRITTEH PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 28. 1EEM Of PARXIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had boon executed by both parties subsequent to the expungement of the invalid provision. 29. GO O % It is agreed by and between the parties hereto that this contract shall be governod by, , construed, and enforced in accordance with the laws of the State of Florida. 30, COUNTERPARTS: _FACSIMILE COPY This contract may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one inutrumant. A facsimile copy of this contract, Including any addendum, attachments and any written modifications hereof, and { any initials or signatures thereon shall be deemed an original. Page 4 of 5 Y? t)I t ?.r f i, 5 •1?s1 r k ?E 31. :3R9418l&CLAUSES 4 1 (XI Not applicable, Qa ( ( An Addendum containing special clauses that constitute agreements and covenants between the parties is attached to and an integral part of tills contract and without further acknowledgement is confirmed and accepted by the parties. When any special clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shall govern. 32. MERGER BY DERD All covenants, warranties, and representations contained herein shall merge with the deed at time of closing. Upon delivery of deed by the City, and acceptance thereof by Buyer, the Buyer shall hold the City forever harmless thereafter. 33. ENTIRE-AGREEMENT Upon execution by seller and Buyer, this contract shall constitute the entire agreement between the parties, afsall supersede any and all prior and contemporaneous written and oral promises, representations or condition in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made In this agreement shall only be valid when expressed In writing, acknowledged by the parties and incorporated herein or attached hereto. THIS IS INTENDED TO HE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING. Dates .-z 7•-95 BUYER: CLEARWATER NEIGHBORHOOD HOUSING SERVICES, INC. FID 1 59-1898543 " 'G Atte t• W. Pea o n , s ent Dir. Sa y Ruby, ' 59 cret y O r. ' E APPROVED AND ACCEPTED this day of , 1995. Countersigned: CITY OF CLEARWATER, FLORIDA By: Rita Garvey, Mayor-Comm sa oner Elizabeth M. Dsptu a, City Manager Approved as to form and ATT£STt legal sufficiency: John C. Caraseas Cynthia E. Gou eau, city Clark Assistant City Attorney 3 ' ?r (2v! i V `'? 3'. .1 F iR 4?5 All V? >.G t Page 5 of 5 LO-CATQR -MAP 1872-Spri-mAime Avenue Ilt1 S, w y I[,.o X ? _?? IQ, A A? ? I n sllu ,IY 11. ; ' J ? Irr' L I? - I , • r ? p •rb ' +I?+i " 2 ' 11- 1 2 I`,1, M 1 ? ; 1]0 ? GIs 40 1 1 1 1 1 X ix lylriJ,a4Kr'j.rsy4?/,; ?• IT • .: 1 ?1, r? 4 lr, d,?? ]t Ejt l I. n .1r 7711,1}I..}/?,r0t?f 111 341 ?ea110 O T - ? 1 t I' `' I' 1' ?' t' 1 r..,l. 1/ i^~ _ i W ~I m I S 1 3 1 STREET O e w 4 a 40 1-7- 71 0 Q ,,r 1 r 100 .1 {]2) y I 1 1 I , I . 1 - 01041 J 1 27 Is cr/17' .. ? ` 3 -..w 1 n ,?1 1, 'Iwlu' fi ,,b .29 ` 47 F 32 43 9 IZ n}. rl, I'1 NV.I, - It i J. 1Q 1 1 ' y I.: j . 01 1, SO fL?? ? a 3o A t •, J 44 STREET t: f t _ '?,, a /1 Y •? 'i 1 i I I 1 1 ; iy r'rfJ t?? 'y 3 L Oj, 1 4 2 Wt- . r l ? . .. j 1 ? 'fO ? 1 I 1 1 I ,• M y,. 3 i r? 1 T{ 7 16 TREET y / fl ti I!Jp, +' i b i!I }• ] •' r tr/ }f 14?I +21 G , 1 1 1 l• y ,•T '1 1 p ? '? ',7 ? ?I: ?, 23 ? tlt i 1 T• ..J 7 g y ? 1' i r' / ?y/ 34 73 .LI .1 ?: 1 ..?r+ ` ?{ {r „rr .± ', t IO.r t{^• + Jt V 22 . It 21 1 -•? 1 y If,, 1 4 >0 00 ,1 p6 50 a JI ,., tp of l l7" 1 ,3 4 l i3 1°? ? R 9 ig i0 r ? IT1 a r ,. [ s 4 7 all r :1 4 ' C3 j /rs0 3 SR 23 1 ]] 34 A p is IC.loovA W u R ,7Zt? O? 56 R ,s, 14 -•-= _ 32 33 A II II _13 1 III 1 ¢ - ? r. II A A 33 ] 8 ZC 11 R - A Is y ? I Z 1 g 22 4 30 ] 1 >: >< R 2 3 .. 11 jj' IS C A C Sf 3 _• g 26 31 A 17 9 11 _- = R 20 1 -- ]1 R Is +' { II t: ?' 71 17 ,tdt ' ,J t o It tl"••' z A 1lnlll 7 x [ A R 1 27 f1 10 24r,? { 1 ? f[ I7 B 1 " 313 22 a 17 ?- ISC 14 _ , a ,] ?. J( 1 f 11 13 e ;I. 'fit 7 PIP .0 1', :* ' /? •4 ?' rn, I ,. 'P 1I, Ir i•r' * , , 1? A :'117 7? C4 E • .fir ly _• '?: .? 3 - ? '.2 , M J { •' _ki 20 r lla,a Al,t ]] p?• ; 41 I,ss 17, / + 2 1R• { it l.l_ '})?? '7, • 14 t? 13 .1]'`-IC 7] 7.3•x' ?111A Q ^, I v (^ ,./ •. Jl'. 12 .t10 '41 A 7 ] fo •/ 6 ?. 21 u r •iiS ? O? ]? •-•?C3 A hl 1 '4 } R,e ?! 1,, s l?.J 2 I 11 IQ ?11f- i 4J irr 1.1 Il?r I7 { ` r ,s 1?n.?. . '•n rrf ,7 8 14 77 21 O[ A , 19 6 x?'? 1? 1] I3 I?r? J 4 ?. ?14o{o-'Y . ? -- Item {f 'i Clearwater City Commission Meeting Date: Agenda Cover Memorandum ((?? III II^II I III III??IPIIPAIN?Y?PPII IP PP\ PIRA Iw11YY^I IIII?Ii1YYYMl I III I??I SUBJECT: Alcoholic Beverage Ordinance Revisions (LDCA 95-21) RECOMMENDATION/MOTION: Receive the following ordinance containing recommended changes to the alcoholic beverage regulations and refer to the City Clerk for advertisement for public hearing. ? 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 ordinance in accordance with City Commission direction on October 2, 1995. The ordinance addresses the following issues: 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." NOTE: Staff advised the Commission on October 2, 1995 that the ordinance would insure special review conditions for nightclub, tavern and bar uses; the attached language provides extremely stringent supplementary standards for approval for all uses that exceed the "cap." Staff used this approach to insure consistent review by the Planning and Zoning Board for these types of cases. a Revisions to the definition of "delicatessen." NOTE: Staff advised the Commission on October 2, 1995 that other definitions required amendment; further review resulted in only the attached change. FURTHER NOTE: Staff advised the Commission on October 2, 1995 that deletion of some redundant language should occur; further review indicates this language is necessary for clarity relative to other code citations. Reviewed by: ?]/ J Originating Dept: Costs: _S N/A ? Comission Action: Legal ,?`_ CENTRAL PERMITTING Total ? Approved Budget N/A J ? A roved u/conditions Purchasin N/A S pp g Risk Mgmt. N/A User Dept: Current Fiscal Yr. ? Denied CIS N/A ? Continued to: ACM Funding Source: other N/A ? Capital imp. Advertised: ? operating Attachments: Date: E3 Other Paper: ® N d R i equ re ot Submitted by: Affected Parties Appropriation Code: ? 13otified ® ® Not Required None Hana rr C i u?r 6, printed on recycled paper ORDINANCE NO, . AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE LAND DEVELOPMENT CODE; AMENDING SECTION 35.11, CODE OF ORDINANCES, TO REVISE THE DEFINITION FOR "DELICATESSEN;" AMENDING SECTIONS 41.071 AND 41.074, CODE OF ORDINANCES, TO PROVIDE FOR CONDITIONAL USE PERIVUTS FOR CERTAIN TYPES OF ALCOHOLIC BEVERAGE USES; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: SNjign 1. Section 35. 11, Code of Ordinances, is amended to read: Sec. 35.11. Definitions. The following words, terms and phrases, when used in this development code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Delicate en means a retail establishment involving he ale of food products, such a cooked meats cheeses, salad and other prepared tiulic food items from display cases. Such food items at the direction of the customer and ene 11 of b weight for on or off remise are pEW c n m ion tin for on 12reLnise consumption, if provided. hall be incidental to the use. Thi d finiti n 5b all of include donut sholls, ice cream or o it parlors. and ther similar fas food, restaurant uses. ate-p-:1y-de feed er- site pmpamd fbed feady for- ng- on the premi-se-S OF eff premises, with only ineidental sales of greeery or-no .%--, Sec i n 2. Sections 41.071 and 41.074, Code of Ordinances, are amended to read: Sec. 41.071. Purpose; applicability and approval process. (1) Purpose. It is the purpose of this article to specify the applicable approval procedures for any new, change of location, expansion of alcoholic beverage sales area, change of business ownership, or change in type of use for alcoholic beverage sales uses within the city. The requirements of this article supplement chapter 6 and all applicable provisions of state law. (2) Applicability and approval process. (a) For permitted uses. 1. Restaurants. A freestanding restaurant meeting the definition of "restaurant" in section 35.1 and allowed as a permitted use in the applicable zoning district shall not be required to obtain conditional use permit approval for any new, change of location, expansion of alcoholic beverage sales area, or change of business ownership regardless of whether the restaurant serves alcoholic beverages. Restaurants located in retail complexes, shopping centers, and hotels/motels shall be governed by the provisions of subsections 2. and (b) below. 2. Accessory uses. Alcoholic beverage sales establishments, including restaurants, nightclubs, 'taverns and bars, and package sales uses may be considered accessory uses under certain circumstances as specified in section 41.072. In such cases, no conditional use permit shall be required for any new, change of location, expansion of alcoholic beverage sales area, or change of business ownership for these uses. (b) For conditional uses. For restaurants, nightclubs, taverns and bars, and package sales uses not classified as permitted uses, a conditional use permit shall be required for any new, change of location, expansion of alcoholic beverage sales area, or change of business ownership involving these uses subject to the applicable general or supplementary conditional use permit standards. For restaurants, nightclubs, taverns and bars, and package sales uses that may otherwise qualify as accessory uses under section 41.072 but exceed the floor area limitations of that section, the following provisions apply: 1. Package sales uses located in freestanding retail establishments containing a minimum gross floor area of 25,000 square feet that exceed the five percent cumulative floor area limitation may be allowed upon approval of a conditional use permit by the planning and zoning board subject to the general and supplementary standards of approval as other package sales uses. 2. Restaurants, nightclubs, taverns and bars, and package sales uses located in a retail complex and cumulatively occupying over 10 percent between ten and t of the gross floor area of the retail complex may be allowed upon issuance of a conditional use permit by the planning and zoning board subject to the general and supplementary standards of approval for nightclubs, taverns and bars (for restaurant or nightclub, tavern and bar uses) or for package sales (for package sales uses). 3. Restaurants, nightclubs, taverns and bars, and package sales uses located in a shopping center and cumulatively occupying over 15 percent between 15 and 20 per-ee t of the gross floor area of the shopping center may be allowed upon issuance of a conditional use permit by the planning and zoning board subject to the general and supplementary standards of approval for nightclubs, taverns and bars (for restaurant or nightclub, tavern and bar uses) or for package sales (for package sales uses). 2 4. 4. Nightclubs, taverns and bars, and package sales uses located in hotels/motels containing a minimum of 100 units and cumulatively occupying ovgr 15 ?rcent_ between 15 and { 20 pence of the percent of the gross floor area of the hotel/motel may be allowed upon ` issuance of a conditional use permit by the planning and zoning board subject to the general and supplementary standards of approval for the applicable use. i3 O IL EL -? U U a a a a `a, a U U `a a a Q 0. V a: U V `M Q `a. o`. v U U a o a a a {.! ?3. a U U U n. U a V a U a, U a. v a. a a a. a a. a v a a- a`? a U U ? e R. d ? ate. d Z ty U o. U U U o`, U a U a. U i U a v a. U `a `a a ci. to LU .? r+ ?. O C7 O ?U v O ? y N CG OC CG ? Q} 4i a b? ra Q n 0 Ile ci P7 E ° Z O V U II o. n E H z i i F N S N •t d c ? r Y t U q. t r C r ? r a ? i 3 t a 'c o ( z i 3 S , A r? 1 N 1 ? L N ? O 7 ?C O i U ? a i ug ! c m i 4) fl i o n n V 0 0 n E a 'c Itt Section 3. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. Section 4. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING { PASSED ON SECOND AND f. FINAL READING AND ADOPTED.' Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency: Pamela Akin City Attorney Attest: Cynthia E. Goudeau City Clerk 5 Clearwater City Commission Agenda Cover Memorandum Item 11 30 _ Mecling Date:. 10119/95 SUBJECT: PURCHASE OF PIPE AND DRAPE FOR HARBORVIEW CONVENTION CENTER RECOMMENDATION/MOTION: Approve the purchase of pipe and drape for the Harborview Convention Center from Crown Industries, East Orange, New Jersey, at a total cost of $29,180.00, which is the lowest, most responsive and responsible bid submitted in accordance with specifications. ® and that the appropriate officials be authorized to execute same. BACKGROUND: On February 27, 1395, the City Commission approved $196,890 for the purchase of Phase I FF & E expenses requested by Globe Facility Services, Inc., for the Harborview Center. Included in this amount $40,000 was estimated for the purchase of pipe and drape. Bids were solicited and received for the purchase of pipe and drape. Crown Industries submitted the lowest bid of $29,180.00. The items are listed in the attached Bid Summary. The available balance in Capital Improvement Project Code 315-94734, I-Iarborview Center FF & E is sufficient to provide funds for this purchase. Reviewed by: Originatittg Dept.: Costs: S29,180.00 Commission Action: Legal NIA 'T'otal ? Approved Budget City Managcr ? Approved w/Couditious Purchasing ? DeMcd Risk hignit. N A User Dept.: Fiscal Year C1 Cantiuued'ro: Cis ACbi - I larborvim Center other VIA Funding Source; Advertised: G) Capital 1111P. Date: 8125195 & 911195 [1 Operating Attachments: Paper: Noellus Co. ] {)Iher 'i'aunpn'I'rihunc Review: 1111) SUMMARY ? Not Required Submitted by: Arrceted Parties Appropriation Code: ? Notified p Not Itcquired 315-9.1731-SSIUQ0.552-000 ? Nuur Ci 9n tiger 1?' Printed uu rceycled puper i J y, •;t.:e' ..s P: - li, .. . .?. . tip:. ;S:h,? ir.r. 3 0 CITY OF CILIARINAT82t PIPI AND D RAPE BID 148-95 OPINE SIPT10MIR 12, 1995 SID RIBPONBI YORK CROWN INDUSTRIES DESIGN LINE, INC. LAWRENCE METAL PDTS. EAST ORANGE, N.O. 'PAMPA. FLORIDA HAY SHORR, NEW YORK ITEM UNIT TOTAL UNIT TOTAL UNIT TOTAL NO. DESCRIP'T'ION UUAANTI'PY PENCE PRICE PRICE PRICE PRICE PRICE 1 SMALL BASE W/3' UPRIGHT, ONLY 272 20.00 5,440.00 26.15 7,112.80 10.20 2,774.40 2 FULL BASE USE W/ALL UPRIGHTS 198 25.00 4,950:00 41.53 6,222.94 14.40 2,851.20 3 3' UPRIGHT EXTRA HEAVY WALL 346 4.95 1,643.50 16.92 5,854.32 -1.50 2,595.00 4 8' UPRIGHT EXTRA HEAVY WALL 198 10.00 1,980.00 44.61 8,832.78 17.40 3,445.20 5 61-10' TELESCOPIC DRAPE SUPPORT 346 15.50 5,709.00 67.69 23,420.74 26.40 9,134.40 6 3FTX471N. WIDE MODACRYLIC 816 7,00 5,712.00 16,92 13,806.72 6.60 5,385.60 POLYESTER BLEND SEWN WITH SLEEVES.AT TOP do BOTTOM MAROON IN COLOR FOR SIDE PANELS 7 8ETX47IN. WIDE MODACRYLIC 78 13,25 1,033.50 30.90 2,410.20 12.60 982.80 POLYESTER BLEND SEWN WITH SLEEVES AT TOP Ti BOTTOM GRAY IN COLOR FOR BACK DRAPES 8 6FT'X47IN. WIDE MODACRYLIC 156 13.25 2,067.00 30.90 4,820.40 12.60 1,965.60 POLYESTER BLEND SEWN WITH SLEEVES AT TOP i BOTTOM MAROON IN COLOR FOR BACK DRAPES FREIGHT 645.00 0.00 1,075.00__ # GRAND TOTAL= 29,180.00 w...a.aw.a 74,480,90 .........¦ 30,209.20 ......,.aa. DELIVERY: 120 DAYS 1 MONTH 4-6 WEEKS PAYMENT TERMS: NET 30 50% DEPOSIT NET 30 BALANCE NET 10 8ummATTY or BID 148-95 BIDS SOLICITED: B BIDS RECEIVED: 3 NO RESPONSE: 3 NO-BID RESPONSE: 2 summ RY OF HO-BID RESPONSES MANUFACTURER BIDDING DIRECT; 1 SCHEDULE WILL NOT PERMI'T': I i i Ii ? /"'+AT ?Y •'t. F, ip EA • El ?' Cleilrl4'ater City Commission Agenda Cover Memorandum Item # Meeting! Date; 10./19195 31 SUBJECT: PURCHASE Or RISER STAGES AND ACCESSORIES IIARBORVIEW CONVENTION CENTER RECOMMENDATION/MOTION: Approve the purchase of riser stages and accessories for the Harborview Convention Center from Sico North America, Inc., Minneapolis, MN, at a total cost of $31,687.09, which is the only responsive and responsible bid submitted in accordance with specifications. ® and that the appropriate officials be authorized to execute same. BACKGROUND: On February 27, 1995, the City Commission approved $196,890 for the purchase of Phase I FF & E expenses requested by Globe Facility Services, Inc., for the I-Iarborview Center. Included in this amount was the purchase of riser stages and accessories. Bids were solicited and received for the purchase of riser stages and accessories. Sico North America, Inc., submitted a bid of $31,687.09. The items are listed in the attached Bid Summary. The available balance in Capital Improvement Project Code 315-94734, I-Iarborview Center FF & E is sufficient to provide funds for this purchase. Revicived by: Originnting Dept.: Costs: 531,07.09 Commission Action: Legal N/A Total ? Approved Budget City Manager ? Approved w/Conditions ? Purchasing ? Denied Risk Atgmt. N A User Dept.: Fiscal Year ? Continued To: Cis ACAI Other N A I Iarborvlew Ccntcr Funding Source: Advertised: 0 Capital 1411p, Datc: 81:5195 & 911195 ? Operating Attachments: Paper: Pinellas Co. ? Other Tnmpa Tribune Revicw: tilt) SUMMARY Not Re uired q ? Submitted by: Affected Parties Approprialion Code(s): A i ? Notified p Nut Required 315-94734-V;(!40 -552.000 ? None ger Ci n 315-9,M4-,MM-5 52.000 #W- 1W Printed on recycled pupa CITY Or =ZARNfATER SID 156-95 i .SID 156-93 OPMM SXPTDMXR 15. 1995 ITEM NO ITEM DES01PTION RISER STAGES AND ACCESSORIES I STAGS UNITS 2 AD.IUSTO»MATIC SELF LEVELING STEP {PAIRS OF 4 STEP UNITS) 3 GUARD RAILS 1QTY FOR 18 FOOT X 48 FOOT) 4 ENCLOSURE'DRAPES (QTY TO COVER 46 FEET) 5 HANDICAP RAMP 6 ACCESSORIES TRUCK(S) (QTY.FOR 18 UNITS OF 6 FT X 1B FT) 7 v FREIGHT GRAND TOTALt DELIVERY: TERMSI SU141ARY or BID 156-95 BIDS SOLICITED: 16 BIDS RECEIVED: 2 NO RESPONSEr 9 NO-BID RESPONSEi 5 SQMMABY Or NO.= RESPONSES SCHEDULE WILL NOT PERMIT: 1 DO NOT OFFER PRODUCTi 4 RI8[R suca8 AND ACCESSORIES ASSOCIATED FABRICS _EERFI$LD_B£AMI-FLA UNIT TOTAL OUANTITY PRICE PRICE IB NO SID 2 NO AID 1 NO BID 1 1,985.00 1 NO BID 1 NO BID 1 0.00 INCOMPLETE .......... 60 DAYS NET 30 31 SILO NORTH AMERICA MINNEAPOLSS, MINN; . UNIT TOTAL PRICE PRICE 1,433.85 18,609.30 431.26 862.52 1,852.92 1,852.92 998.77 998.77 5,751.20 5,751.20 570.38 570.38 3,042.00 3,042.00 31,687.09 45-60 DAYS NET 30 • Item # Clearwater City Commission Meeting Date: - 10119145 w ` Agenda Cover Memorandum 30, SUBJECT: Amendment to Jolley Trolley Lease RECOMMENDATION/MOTION: Approve the amendment to the Jolley Trolley lease to include the premises at 311 S. Madison Avenue. ® and that the appropriate officials be authorized to execute same. BACKGROUND: As previously discussed with the City Commission, the Jolley Trolley corporation is seeking a location to perform minor maintenance on the trolley vehicles. Staff has been working to identify alternate sites and only the Madison Avenue location is suitable. The Trolley Board recognizes that this is a short term arrangement as we intend to demolish this building when the annex employees are moved into the new Services Building. Reviewed by: PA originating Dept: Costs: Comission Action: Legal - city Manager Total C] Approved Budget N/A Pu chasin ? Approved w/conditions g r Risk Moms. N/A - User Dept: Current Fiscal Yr, 13 Denied cis N/A ACM Funding Source: ? Continued to: other 17 Capital Imp. Advertised: © operating t Date: p other to Lease Agreement Amend?t Paper: ed 0 N t R i equ o r submitted by: Affected Parties Appropriation code: 13 None j 13 Notified L7 Not Required ana r Ci t AMENDMENT TO LEASE AGREEMENT JOLLEY TROLLEY _TRANSPORTATION OF_CLEARWATER, INC. THIS AMENDMENT TO THE LEASE AGREEMENT is made this day of October, 1995, by and between the CITY OF CLEARWATER, FLORIDA, a municipal corporation ("Lessor") and JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida corporation non-for-profit, herein called the "Lessee" or "Jolley Trolley." WHEREAS, the parties entered into a lease agreement dated December 17, 1993, a copy of which is attached hereto as "Exhibit A" and incorporated herein by reference. WHEREAS, Lessor has ownership and control over the City owned structure and premises located at 311 S. Madison Avenue, Clearwater, Florida 34616, and further described in "Exhibit B". WHEREAS, Lessee desires to use such premises for storage and maintenance of equipment and vehicles. WHEREAS, Lessor desires to lease such premises under the terms and conditions set forth below. 1. Term. The term of this Lease shall commence October ?, '1995, and shall he premises. This continue until Lessor sells, transfers, leases or otherwise vacates the_ amendment term shall not exceed the Jolley Trolley lease term or its renewal unless specifically agreed to in writing. 2. Leasehold. The Lessor leases to the Lessee the following described property including all improvements therein, located in Pinellas County, Florida, to-wit: See attached "Exhibit B" 3. Lease Rental Fees and-Payments. For the sum of $1.00 per year the sum of which the receipt and sufficiency is hereby acknowledged, and in consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee, and Lessee accepts from Lessor, this non-exclusive lease, right and privilege to use the property described herein. 4. Easement. Lessee does hereby grant to Lessor an easement for the sole purpose of pedestrian and vehicular ingress and egress over and across the leased premises. 5. No Hazardous Materials. The Lessee agrees that no hazardous materials, hazardous waste, or other hazardous substances will be used, handled, stored, or otherwise placed on the property. In the event such materials are utilized, handled, stored or otherwise placed upon the property, Lessee expressly agrees to indemnify and hold Lessor harmless from any and all costs incurred by Lessor or damages as may be assessed against Lessor in connection with or otherwise relating to said hazardous materials, wastes or substances at any time; without regard to the term of this lease. 6. All other terms and provisions of the lease agreement shall continue in full force and effect during the term of the agreement as if such terms and provisions were set forth in full herein. IN WITNESS WHEREOF, the parties hereto have se their hands and seals this day of , 1995. Countersigned: Rita Garvey Mayor-Commissioner Approved as to form and legal sufficiency; Pamela K. Akin City Attorney Witnesses as to Lessee: CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau City Clerk JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC. By: Its: Attest: FJaIII11T "A" LEASE AG1-`,EE 1EN'I" THIS LEASE AGREEMENT is made and entered into this 17th day of December, 1993, by and between the CITY OF CLEARWATER, a Florida Municipality, herein called the "Lessor", and JOLLEY TROLLEY TRANSPORTATION OF CLEARWATER, INC., a Florida Corporation not-for-profit, herein called the "Lessee" or "Jolley Trolley." This agreement represents the whole and entire agreement between Lessor and Lessee and the following articles and sections are herein incorporated: ARTICLES Article I. TITLE Article 11. TERM Article III. LEASEHOLD Article 1V. RIGHTS AND RESPONSIBILITIES Section 1. Use of Premises Section 2. Designated Parking Area Section 3. Maintenance of Premises Section 4. Repair and Improvements Section 5. Utilities Section 5. Quiet Enjoyment 'Article V. LEASE RENTAL FEES AND PAYMENTS Article VS. TAXES Article VII. INSURANCE Section 1. Minimum Scope of Insurance Section 2. Minimum Limits of Insurance Section 3. Additional Named Insured Section 4. Verification of Coverage Article VIII. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damage Section 2. Catastrophic Damage Section 3. Waiver of Recovery Rights Article IX. LIABILITY AND INDEMNIFICATION Article X. AMERICANS WITH DISABILITIES ACT Article XI. NON-DISCRIMINATION Section 1. No Exclusion From Use Section 2. No Exclusion From Hire Section 3, observation of Various Laws Section 4. Breach of Nondiscrimination Covenants Article X11. DISCLAIMER OF WARRANTIES Article XIII. ASSIGNMENT OF LEASE Article XIV. DEFAULT AND TERMINATION Article XV. ENVIRONMENTAL MATTERS Section 1. No Warranties By Lessor Section 2. Lessor Held Harmless Section 3. Radon Gas Advisory Article XVI. NOTICE Article XVII. EFFECTIVE DATE 1 I W I T N E S 3 E .T H: WHEREAS, the Lessor has ownership of and control over the use of the City-owned structures and premises now known as the Memorial Civic Center, 40 Causeway Boulevard, Clearwater Beach, Florida 34630 (hereinafter the "Civic Center"); and WHEREAS, Lessee desires to use a portion of such premises for public purposes; and 41 ? 1. WHEREAS, Lessor desires to lease out such premises; NOW, THEREFORE, in consideration of the Premises and the mutual covenants contained in this Agreement, - the Lessor and Lessee hereby agree as follows: ARTICLE I. TITLE The title of this lease is the JOLLEY TROLLEY lease. ARTICLE II. TERM The term of this lease shall be for a period of Three (3) years commencing on the 17th day of December, 1993 and continuing through the 16th day of December, 1996 (the Termination Date), unless earlier terminated under the terms of this agreement. Lessor extends a first option to Lessee to renew this lease agreement for an additional Three (3) year lease period, subject to Lessee not being in default under the terms and provisions of this lease, upon the same terms and conditions except that the obligation-of Lessee to pay its pro-rate share of utilities charges shall be subject to renegotiation and shall be established to the mutual consent of the parties at the time of renewal. ARTICLE III. LEASEHOLD The Lessor leases to the Lessee the following described property, including all improvements therein, located in Pinellas County, Florida, to wit: An approximately 20' X 60r hallway and 6ppurtenant Gazebo space as depicted in Exhibit "A" attached hereto and by reference made a part hereof, of the following property being more particularly described as: CITY PARK SUBDIVISION, the East 129.32 feet.of Lot 5, as recorded in Plat Book 23, Page 37, of the Public Records of Pinellas County, Florida. A/K/A Clearwater Memorial civic center Building 2 ARTICLE IV. RIGHTS AND-RESPONSIBILITIES Section 1.. Use of Premises. a. Lessee shall use the demised premises for offices, ticketing, embarking/debarking depot, merchandise sales and display of merchandise, and public information space and for no other purpose. b. The lessee agrees to maintain all entries, exits and doorways as they presently exist in the demised premises, unobstructed and available for use by all patrons of the civic center building from 9:00 a.m. until 12:00 Midnight every day of the year. C. Lessee covenants and agrees to make no unlawful, improper or offensive use of the leased premises. At the termination of this lease, Lessee agrees to return the premises to the Lessor in as good condition as at the effective date of this agreement, subject only to normal wear and tear. Secti.an 2. De.sictnated Parking Spa_ces._ Lessor agrees to make available to Lessee, and Lessee agrees to utilize six unmetered parking spaces in the civic center parking lot exclusively for the benefit of its employees and invitees from 9:00 A.M to 12:00 Midnight, every day of the year. The location of the designated parking spaces shall be as depicted in Exhibit B to the lease, and at such other locations as the parties may subsequently agree: These parking spaces shall be provided at a cost of $15 per space per month, to be paid by Lessee on the same dates that Lessee's share of utilities charges are due and payable, as set forth in Section 5 below. Any additional parking requirements of Lessee shall be met by use of metered parking spaces available to the general public. Section 3. Maintenance of Premises. The Lessee shall properly-maintain- the leasehold in a clean and orderly condition. Section 4. Repairs and-improvements. a. Lessee may make whatever repairs, alterations and improvements to the premises it deems necessary, providing that the Lessor first agrees in writing to any such actions to repair, alter or improve the premises. If the property's physical condition falls into a state of disrepair in the opinion of the City Building official, the Lessor may terminate this Agreement upon fifteen (15) days written notice. b. Upon termination or expiration of the lease, Lessee agrees to remove any of Lessee's improvements and return the facility to the appearance and condition as of the effective date of this lease, unless otherwise mutually agreed upen. - c. In no event shall Lessor or any of Lessor's property be liable for or chargeable with any expense or lien for work, labor or materials used in the premises, or any improvements, repairs, or alterations thereof. 3 Section 5. Utilities. Lessee shall pay to Lessor the Lessee's pro-rata share of all bills for electrical and utility services beginning on the first day of February, 1994, and on the first day of each succeeding month thereafter during the term of the lease. Payments shall be in the following amounts: $163.00 per month for electrical, and $115.00 per month for utility services. Payments shall be made to: Finance Division, City of Clearwater, P. 0. Box 4748, Clearwater, Florida 34618-4748. section 6. Quiet Enjoyment. Upon payment of the rents herein required, and upon observing and performing the -covenants, terms and conditions required by the lease, the Lessee shall peaceably and quietly hold and enjoy the leased premises for the term of the lease without hinderance or interruption by the Lessor.- ARTICLE V. LEASE RENTAL FEES AND PAYMENTS For the sum of one Dollar ($1.00) per year, which the receipt and sufficiency of is hereby acknowledged, and in consideration of the promises and covenants set forth herein, Lessor hereby grants to Lessee and. Lessee accepts from Lessor, this nonexclusive lease, right and privilege to use the property described herein. ARTICLE VI. TAXES Lessee agrees to pay any real and personal property taxes that may be assessed and levied on. the leased premises or on the leasehold created by this document. ARTICLE VII. INSURANCE Lessee shall procure and maintain during the term of this Agreement insurance against.claims for injuries to persons or damage to property which may arise from or in connection with this lease. Section 1. Minimum Scope of Insurance. A Comprehensive General, Liability policy covering the leased premises and Lessee activities occurring thereon shall be obtained and maintained in force by the Lessee. Section 2. Minimum Limits of Insurance. Comprehensive General Liability Insurance procured in accordance with this article shall have minimum coverage limits of $300,000 Bodily Injury and $100,000 with respect to property damage arising out of any one (1) occurrence. such insurance policy shall be carried 'in a company licensed to do-business in the State of Florida. s Section 3. Additional Named insured. Each insurance policy issued as a requirement of this agreement shall name the City of Clearwater, Lessor, as additional named insured. The coverage shall contain no special limitations 4 on the scope of the protection afforded to the Lessor, its officers, employees or volunteers. section ,4 Verification _of_Coverage. Lessee shall furnish the Lessor with Certificates of Insurance with all endorsements affecting coverage required by this article. These forms shall be received and approved by the Lessor's Risk Manager before execution of this Lease agreement by authorized City officials. ARTICLE VIII. CASUALTY DAMAGE TO PREMISES Section 1. Reparable Damage. Any time the building 'or premises is damaged or destroyed to the extent that the Lessee cannot therefore conduct its activities and the Lessor determines that the demised premises can be restored by making appropriate repairs, then Lessor shall undertake to make all necessary building repairs and Lessee shall effect all necessary repairs to the demised premises expeditiously and to the satisfaction of the City's Building official. section 2 Catastrophic Damage. In the event of total destruction of or catastrophic damage to the demised premises, the Lessee or Lessor may terminate this lease as of the date of such damage or upon thirty (30) days written notice to the other party to this lease. section 3. Waiver of Recover Ri hts. Both parties waive any and all rights of recovery against the other party for any direct or indirect loss occurring to the demised premises in .the event of damage categorized in Sections 1 and 2 above which is covered by insurance. ARTICLE IX.-- LIABILITY AND INDEMNIFICATION Lessee agrees to assume all risks of the Premises and all liability therefore, and shall defend, indemnify, and hold harmless the Lessor, its officers, agents, and employees from and against any and all loss, liability and damages of whatever nature, to persons and property occasioned by Lessees negligent or willful misconduct, including, without limiting the generality of the foregoing, death of any person and loss of the use of any property except arising from the negligence or willful misconduct of Lessor or Lessor's agents or employees. This includes, but is not limited to, matters arising out of or claimed to have been caused--by or in any manner related to the Premises or Lessee's activities or those of any approved or unapproved invitee, contractor, subcontractor, or other person approved, authorized, or permitted by Lessee in or about the Premises whether or not based on negligence. i 5 ARTICLE X. AMERICANS WITH DISABILITIES ACT Lessee hereby affirms its intention to take any and all such actions that are reasonable and prudent to comply with the Americans With Disabilities Act of 1990 (known as the "ADA") within the demised premises. ARTICLE XI. NON-DISCRIMINATION Notwithstanding any other provision of this lease agreement, during the performance of this agreement, Lessee for itself, personal representatives, successors in interest and assigns, as part of the consideration for this agreement, does covenant and agree that: Section 1. No Exclusion From Use. No person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the premises-on the grounds of race, color, religion, sex, handicap, age, or national origin. Section 2. No Exclusion From Hire. In the construction of any improvements on, over, or under the premises, and the furnishing of services therein or thereon, no person shall:- be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination on the grounds of, or otherwise be subjected to discrimination on the grounds of handicap or age except to the extent-that physical condition or age may be a bona-fide occupational qualification, or on the grounds of race, color, religion, sex or national origin. ._6ection 3. observance of Various Laws. The Lessee shall observe the following laws: '-Section I of the 14th Amendment, The. Equal Pay Act, The Civil Rights Acts of 1866 and 1870, the Vietnam Era Veterans Readjustment Act, the standards of Merit System Personnel. Administration, Executive order 12246 as amended, Revised order 4, the Age Discrimination Act of 1967, the Rehabilitation Act of 1975, Executive Order 11914 and the Americans With Disabilities Act of 1990. ' Section 4. Breach of Nondiscrimination Covenants. In the event of breach of any of the above nondiscrimination covenants, which breach has been finally adjudicated by an appropriate agency or court of law, the Lessor shall have the right to terminate this lease and to re-enter and repossess the premises and hold the same as if said agreement had never been made or issued.- This provision does not become effective until the procedures of 49 Code of Federal Regulations ( "CFR1' ) Part 21 have been followed and completed, including expiration of appeal rights, 6 ARTICLE XII. DISCLAIMER OF WARRANTIES This Agreement constitutes the entire Agreement of the parties on the subject hereof and may not be changed, modified or discharged except by written Amendment duly executed by both parties. Lessee agrees that no representations or warranties shall be binding upon the Lessor unless expressed in writing herein or in a duly executed Amendment hereof. Further, Lessor does not warrant and hereby disclaims any and all liability and responsibility for or on account of the condition of the Premises, or any portions thereof, or for or on account of anything affecting such conditions. ARTICLE XIII. ASSIGNMENT OF LEASE This Lease, or any part thereof or interest therein, may not be assigned, transferred or subleased by Lessee without the consent of the Lessor, which consent shall not unreasonably be withheld. It is understood and agreed that the Lessor may, at any time, with notice, assign or delegate any or all of its rights hereunder. ARTICLE XIV. DEFAULT AND TERMINATION Section_ 1. Termination_ by__ Lessee. This Agreement shall, be subject to termination by Lessee in the event of any one or more of the following events: a. Lessor determines at a duly constituted City Commission meeting that the building or property (said premises) is needed for other municipal services and serves Lessee with sixty (60) days notice of such intended use.. b. Lessor determines that the premises are so-extensively damaged by some casualty that it is impractical or inequitable to repair such leased premises. C. Material default by' the Lessor in the performance of any of the terms, covenants or conditions of this agreement, and in the failure of the Lessor to remedy, or undertake to remedy; to Lessee's satisfaction, such default for a period of thirty (30) days after receipt of notice from Lessee to remedy the same. Section 2. Termination by Lessor. This Agreement shall be subject to termination by the Lessor in the event of any one or more of the following events: a. The material default by Lessee in the performance of any of the terms., covenants or conditions of this Lease Agreement, and in the failure of the Lessee to remedy, or undertake to remedy, to Lessor's satisfaction such default for a period of thirty (30) days after receipt of notice from Lessor_ to remedy .same . b. Th'e Lessor determines that a municipal need exists consistent with, the City's charter. C. Lessee's vacating or abandoning the premises. 7 Section 3. Exercise. Exercise of the rights of termination set forth in Sections 1 and 2 above shall be by notice to the other party. Forbearance of timely notice shall not be deemed a waiver of any breach. Section 4. Removal of Property. Upon termination of this agreement for any reason, Lessee, at its sole expense, shall remove from the Premises all signs, trade fixtures, furnishings, personal property, equipment and materials which Lessee was permitted to install or maintain under the rights granted herein. Lessor-may effect such removal at Lessee's expense should Lessee fail to remove said installed property within thirty (30) days notice. Lessee agrees to pay Lessor promptly in the event of such circumstance upon presentation of a proper invoice. Section 5. Causes of Breach and Waiver. a. Neither party .shall be held to be in breach of this-Agreement because of any failure to perform any of its obligations hereunder if said failure is due to any cause for which it is not responsible and over which it has no control; provided, however, that the foregoing provision shall not apply to a failure of Lessee to provide the amounts of insurance contained in Article VII of this Agreement. b. The waiver of any breach, violation or default in or with respect to the performance or observance -of the covenants and conditions contained herein shall not be taken to constitute a waiver of any subsequent breach, violation or default in or with respect to the same or any other covenant or condition hereof. ARTICLE XV. ENVIRONMENTAL MATTERS Section 1.-No Warranties H Lessor. Lessor has made no investigation of environmental matters with respect to the subject Property and makes no representations or warranties to buyer as to environmental matters with reference to the Subjebt Property. section 2. Radon Gas Advisory. As required by Section 404.056(8), Florida Statutes, the Lessee shall take note of the following: RADON GAS: Radon is a 'naturally occurring radioactive gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. ARTICLE XVI. NOTICE . Any notice given by one party to the other in connection with the Lease shall be sent by certified mail., return receipt requested, with postage and fees prepaid: 8 !I 1. If to the Lessor, addressed to: City Manager City of Clearwater P. 4. Box 4748 Clearwater, Florida 3461B-4746 2. It to the Lessee, addressed to: Jolley Trolley Transportation of Clearwater, Inc. L 706 Bayway Boulevard',- Clearwater, Florida 34630 . ARTICLE XVII. EFFECTIVE DATE The effective date of this lease shall be the 17th day of December, 1993. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day of , 199-3 . Cau igne By: Mayor-Commissi • r Approved as to form and correctness: M. A. Galbrai r., City Attorney TY OF EARWATER City Manager Attest : Cynth' a ',E..,Gaudeau, City Clerk JOLLEY TROLLEY TRANSPORTATION OF C ARW TER, INC, % Wi Liam P. Kirbas, President 0 ii-l, ..Lc,t) . C-C. Herbert W. Leonhardt, Secretary 9 EXHIBIT ,)Bof JOLLEY TROLLEY LEASE -- 311 MADISON AVENUE A 14,976 square foot area located on the East side of Madison Avenue, approximately 300 feet South of Pierce Street, being a portion of Lot 4, of the Revised Map of R. H. Padgetts Subdivision of the SE 1//4 of the NW 1 /4 of Section 15, Township 29 South, Range 15 East, as recorded in Plat Book 4, Page 32 of the Public Records of Pinellas County, Florida, more particularly described as follows; From the Southwest corner of said Lot 4, run N 00'35 34 West, along the Westerly line of said Lot 4, 90.76 feet to the POINT OF BEGINNING, thence continue N 00'35'34" West, along said Westerly line of Lot 4, 192,00 feet; thence run N 89'24'26`! East 78.00 feet; thence run S 00'35'34" East 192.00 feet; thence run S 89'2426" West 78.00 feet to the POB. PIERCE STREET NOTE, THIS IS NOT A SURVEY l N Dirt t"I e.a.a. h, q R I d' Chain Unk re-Ca ` - - ` - - N8974 26 E 78.00' 1 Q ' Sq. G Feet W 1.07 4 or REVISED MAP of I ,t•' ?'? R, H. PADCETT'S SUBDIVISION of the SE 1/4 of the NW 1/4 S of SEC. 15 - 29 -- 15 g 12'± 1 P? ©uldNQ °I 12't ?I ,1? s1 x5897416"W 78.0O' I I I 1 '°I 1 I i.?---------------------- L C 11+xu?.scn? ? 6' Choirs Unit r c_ In g/s"a/4S Pwp tt04y d+q Item # R CLEARWATER CITY COMMISSION Meeting Date EN Agenda Cover. Memorandum 16 - 11 .6t5 SUBJECT: Subordination of certain Easement rights along S.R. 55 (U. S. Highway 19), owned by the City of Clearwater, to the Florida Department of Transportation, and voiding certain subordination agreements previously approved. RECOMMENDATION/MOTION: Declare as surplus for subordination to the Florida Department of Transportation the City's easement rights and interest in three (3) parcels of land (parcels 117.07CD, 129.04CD, and 804.07CD) lying along State Road 55 (U. S. Highway 19), Section 15150-2566 between State Road 60 (Gulf-to-Bay Boulevard) and the CSX Transportation right-of-way north of Drew Street, and void previously approved subordinations granted to the Florida Department of Transportation as recorded in the official records of Pinellas County, Florida, in O.R. Book 8698, pages 1142, 1190 and 1161, and adopt Resolution 95--60 authorizing the City Manager to execute subordination of utility interests documents with the Florida Department of Transportation, ® and that the appropriate officials be authorized to execute same. BACKGROUND: The Florida Department of Transportation (FDOT) is proposing to make improvements to U. S. Highway 19 from State Road 60 to the CSX Railroad. The road improvement project includes a 6 lane overpass at Drew Street, frontage roads and intersection improvements. The City has various easements on several parcels the FDOT will obtain as right-of-way requisite to the project. In order to facilitate this project, the City of Clearwater previously granted FDOT requests that the City subordinate its easement rights and interests in three (3) parcels identified as parcels 117.07, 129,04, and 804.07, Section 15150-2566, to the FDOT. After the subordination agreements were executed by the city and recorded by the FDOT, the FDOT found it necessary to amend descriptions of the three parcels. Most of the adjustments are so slight they are difficult to visually depict. The FDOT now requests that the City approve the subordinations of its easement rights and interests in the corrective parcels identified as parcels 117.07CD, 129.04CD, and 804.07CD. Upon granting the FDOT request to subordinate the City's interests in the corrective parcels, it is in the City's interest to void the subordination of its rights and interests previously granted to the FDOT prior to the corrections. The subordinations contain provisions for the FDOT to pay to have the City's facilities relocated if necessary to prevent construction conflicts. Reviewed by. ? r ` Originating Dept. i Costs: Commission Action Legal Engineering ^ (Current FY) Approved Budget NIA User Dept. f Funding source: Approved Purchasing N/A I w/conditions Capt. Imp. Risk Mgmt. N/A Denied Advertised: operating is N/A I ` Cont'd to Date: Other f ACM f rk- Paper: ENG. A Appropriation Code(s) Attachments: Not required X Resolution 95-60 OTHER !A. N!A FDOT Subordination Agreement Affected parties _ form (Exhibit "A"). Locator Submitted b : E notified Maps - corrective parcels (Exhibit "8"). Locator map - City Ma r Not required X voided parcels (Exhibit "C") 5R55CD'6.AGN RESOLUTION 95-60 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, DECLARING CITY--OWNED RIGHT OF WAY EASEMENTS ALONG STATE ROAD 55 (U.S. HIGHWAY 19) BETWEEN STATE ROAD 60 (GULF-TO-BAY BOULEVARD) AND THE CSX TRANSPORTATION, RIGHT-OF-WAY SURPLUS FOR THE PURPOSE OF SUBORDINATING UTILITY INTERESTS TO THE STATE'OF FLORIDA, DEPARTMENT OF TRANSPORTATION, FOR THE S. R. 55 HIGHWAY PROJECT; AUTHORIZING THE CITY MANAGER TO EXECUTE SUBORDINATION OF UTILITY INTERESTS AGREEMENTS WITH THE DEPARTMENT OF TRANSPORTATION; VOIDING CERTAIN PREVIOUSLY EXECUTED AND RECORDED SUBORDINATION OF UTILITY INTERESTS AGREEMENTS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the State of Florida, Department of Transportation (herein the "DOT"), proposes to construct or improve State Road 55 in Pinellas County, Florida; and WHEREAS, it is necessary that portions of certain right-of-way easements, described more particularly herein, now owned by the City, be subordinated to the DOT; and WHEREAS, Section 2.01(d)4 of the city charter authorizes the conveyance of surplus City property to another governmental entity without referendum approval, with competitive bidding, and for less than appraised value; and WHEREAS, the DOT has previously made various applications to the City for subordination by the City to the DOT of all rights, title and interest that the city has in certain easements between -State Road 60 and the CSX Transportation right-of-way, and the applications have been duly considered by the City Commission,-the City interests in the right-of-way easements having been duly advertised for public hearing, and the various applications having -been duly approved and executed by the City; and WHEREAS, the DOT has now applied to the City for certain "corrective" subordination of utility interests to be given to correct the legal descriptions in those certain subordination agreements previously approved, executed, and recorded in the Public Records of Pinellas County, Florida, and this application has been duly considered by the City Commission; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. ' The application of the DOT for certain "corrective" subordination of utility interests of city-owned right of way easements, subject to the reservations of rights by 1 the City as set forth in the "corrective" subordination of utility interests agreements, is found and declared to be for a valid public purpose, and the right of way easements are hereby declared surplus within the meaning of the City Charter. The previously approved, executed and duly recorded subordination agreements as are more specifically identified in the "corrective" subordination of utility interests agreements are hereby declared to be null and void in all respects. The City Manager is authorized to execute the "corrective" subordination of utility interests agreements to the DOT in the form attached hereto as EXHIBIT "A", conveying the rights, title and interests of the City in and to the real property described -therein, in consideration of the sum of one Dollar ($1.00) and other good and valuable consideration, including, but not limited to, the benefits to be obtained from the highway improvements. Section 2. The "corrective" agreements authorized to be executed by the City Manager upon adoption of this resolution are summarized as follows: DOT PARCEL NO. CITY'S INTEREST RECORDED AT BOOK, PAGE 117.07CD 129.04CD 804.07CD EASEMENT EASEMENT EASEMENT EASEMENT EASEMENT EASEMENT O.R. 6366 1049 0. R. 6366 1051 0.R 6493 0313 O.R. 5458 0245 P.B. 0095 0001 0. R. 6366 1051 Section' 3. Those certain previously executed subordination of utility interests agreements executed by the City of Clearwater, Florida in favor of the DOT, having been duly recorded in the following Public Records of Pinellas County, Florida, are hereby declared null and void upon adoption of this resolution: RECORDED AT BOOK PAGE DATED 8698 1142 06/03/94 8698 1190. 06/03/94 8698 1161 06/03/94 2 :t1 e rt .• r , sit\6ryiF?JtM!}Y Tt.r.yYra•.P.n ... ^'•'ZP` }I ?pc' ? p.?? i ... r , 1F I ? .. -. .... .. ,.. .. ? ..v., .,.. ? . r.... ? .rr F IP.. . Js4n s-<sn ?. ' Section 4 . This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1995. Attest: Cynthia Goudeau Rita Garvey City'Clerk Mayor-Commissioner c. . 3 3 ,t.This instrument prepared b or-under the directio of Kenneth G. Wing D?1? Q nPdt?1 3 9 at 13 11201 N. Malcolm Mc nley Drive Tampa, Florida 33612-. PARCEL : 129.04CD WPI NO. : 7117045 S.R. NO.: 55 COUNTY : PINELLAS SECTION : 15150-2566 Legal Description Approved: Date; 03125,95 By: DUANE J. MILK UTL.04 EXHIBI'T' "All CORRECTIVE SUBORDINATION OF CITY UTILITY INTERESTS THIS AGREEMENT, entered into this day of , 199_, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter called the FDOT, and the CITY OF CL'EARWATER , a municipal corporation, hereinafter called City. - W I T N'E S S E T H- WHEREAS, the City presently has an interest in certain lands that have been determined necessary for highway purposes; and WHEREAS, the proposed use of these lands for highway purposes will require subordination of the interest claimed.in such lands by City to the FDOT;.arid WHEREAS, the FOOT is willing to pay to have the City's facilities relocated if necessary to prevent conflict between the facilities so that the benefits of each may be retained. NOW, THEREFORE, in consideration of the mutual covenants and promises.of the parties hereto, City and FOOT agree as follows; City hereby subordinates to the interest of FOOT, its successors, or assigns, any and all of its interest in the lands as follows, viz: That part of: ? Lot 1, CLEARWATER "19" COMMERCE PARK, according to plat thereof recorded in Plat Book 95, Page 1, Public Records of Pinellas County, Florida, lying in Section 8, Township 29 South, Range 16 East, Pinellas County, Florida. Lying within this following described boundaries, to-wit: PARCEL 129.04CD PAGE 1 This instrument prepar d by, or under the direction of Kenneth G. Wing Assistant General Counsel Department of Transpo ation PART "A" RIGHT-4F-WAY Commence at a Pinellas County Engineering Department concrete monument with nail and disk marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida; thence N 89030'59" W, 2714.71 feet along the North boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest 1/4 of said Section 8; thence S 00054150" W, 780.11 feet along the West boundary of the Southwest 1/4 of said Section 8; thence S 8904411111 E,-130.02 feet to the East right--of-way line of U.S. P19, and the Northwest corner of Lot 1 of CLEARWATER "19" COMMERCE PARK, according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas County, Florida; thence along the North boundary of said Lot 1, S 89°44111",E, 150.81 feet; thence,S 37°08'45" E, 84.69 feet to the point of curvature of a curve concave to the Southwest and having a radius of 50.Q0 feet; thence Southeasterly along the arc of said curve 33.45 feet through a central angle of 38°19'41", a chord distance of 32.83 Poet and a chord bearing of S 17058155" E to the point of tangency of said curve; thence S 01010'56" W, 131.58 feet; thence S 39029'00" W, 32.62,feet to the POINT OF BEGINNING; thence S 89°44'08" E, 70.2,2 feet; thence•S 46034'42" E, 16.06 feet; thence S 86°18`25" E, 33.39 feet; thence S 00°15'52"' W, 41.55-jfeet'to a point an the North boundary of Lot 2 of -said CLEARWATER "19" COMMERCE PARK; thence along said North boundary, N 89044'40" W, 338.75 feet to a point on the Easterly right--of-way line of U.S. 019, said point also being the Northwest corner of said Lot.2; thence along the Easterly right-of-way line of U.S. 119, N 00°57101" E, 38.33 feet; thence S 87022130" E, 203.10 feet; thence N 39029100" E, 31.79 feet to the POINT OF BEGINNING. Containing 13,606 square feet, more or less. AND PART "B'• WATER STORAGE/MITIGATION AREA commence at a Pinellas County Engineering Department concrete monument with nail and disk marking the Northeast corner of the Southwest 1/4 of section 8, Township 29 South, Range 16 East, Pinellas County, Florida; thence N 89030159" W, 2714.71 feet along the North boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest 1/4 of said Section 8; thence S 00054150" W, 780.11 feet along the West boundary of.the Southwest 114 of said Section 8; thence S 89144'11" E, 130.02 feet to the East right-of-way line of U.S. 019, and the Northwest corner of Lot 1 of CLEARWATER 1119" COMMERCE PARK, according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas County, Florida; thence along the North boundary of said Lot 1, S 89044111" E, 75.00 feet to the POINT OF BEGINNING; thence continue along the North boundary of said Lot 1, 5 89°44'11" E, 75.81 feet; thence S 37008'45" E, 84.69 feet to the point of curvature of a curve concave to the southwest and having a radius of 50.00 feet; thence Southeasterly along the arc of said curve 33.45 feet through a central angle of 38°19'41", a chord distance of 32.83 feet and a chord bearing of S 17058155" E to the point of tangency of said curve; thence S 01010156" W, 131.,58 feet; thence S 39029100" W, 64.41 feet; thence N 87°22'30" W, 203.10 feet to a point on the Easterly right-of--way line of U.S. P19; thence along said Easterly right-of-way line the following three (3) courses: 1) N 001157101" E, 197.18 feet; 2) S 89°04115" E, 30.00 feet; 3) N 00155145" E, 61.73 feet; thence S 89044'11" E, 75.00 feet; thence N 00°55'45" E,• 13.00 feet to the POINT OF BEGINNING. Containing 1f389 acres, more or less. AND PART "C" RIGHT OF WAY PARCEL 129.04CD PAGE 2 This instrument prepared by, or under the direction Kennelh G. Wing Assfstam General Counsel Department of Transport ion commence at a Pinellas County Engineering Department concrete monument with nail & disk marking the Northeast corner of the Southwest 1/4 of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida; thence N 89030'59" W, 2714.71 feet along the North boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest 1/4 of said Section 8; thence S 000541501, W, 1350.20 feet along the West boundary of the Southwest 1/4 of said, Section 8 to the Southwest corner of the Northwest 1/4 of said Southwest 1/4; thence S 89044118" E, along the South boundary of said Northwest 1/4 of the Southwest 1/4, a distance of 99.68 feet to a point on the East right-of-way line of U.S. 119, and the Southwest corner of Lot 2, CLEARWATER 1119" COMMERCE PARK, according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas County, Florida; thence along the South boundary of said Lot 2, S 89044'18" E, 379.10 feet to the Southeast corner of said Lot 2 and the POINT OF BEGINNING; thence N 01008155" E, 51.76 feet along the East boundary of said Lot 2'to a point on a curve concave to the Northeast and having a radius of 350.00 feet; thence southeasterly along the arc of said curve.63.08 feet through a central angle of 10019'35", a chord distance of 62.99. feet and a chord bearing of S 45019157" E to the point of reverse curvature with a curve concave to the Southwest having a radius of 400.00 feet; thence Southeasterly along the arc of said curve 11.92 feet through a central angle of 01°42124", a chord distance of 11.91 feet'and a chord bearing of S 49138132" E to a point.on the South boundary of said CLEARWATER 1119" COMMERCE PARK; thence along said South boundary, N 89044'18" W, 54.92 feet to the POINT OF BEGINNING. Containing 1,334 square feet, more or less. AND PART "D" WATER STORAGE/MITIGATION AREA Commence at a Pinellas County Engineering Department concrete monument with nail & disk marking the Northeast corner of the southwest 1/4 of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida; thence N 89°30159" W, 2714.71 feet along the North boundary of the Southwest 1/4 of said Section 8 to the Northwest corner of the Southwest 1/4 of said Section 8; thence S 00054150" W, 1350.20 feet along the West boundary of the Southwest 1/4 of said Section 8 to the Southwest corner of the Northwest 1/4 of said Southwest 1/4; thence S 89°44'18" E, along the South boundary of said Northwest 1/4 of the Southwest 1/4, a distance of 99.68 feet to a point on the East right-ot--way line of U.S. 019, and the Southwest corner of CLEARWATER 1119" COMMERCE PARK, according to map or plat thereof, recorded in Plat Book 95, Page 1, of the Public Records of Pinellas County, Florida; thence along the South boundary of said CLEARWATER "19" COMMERCE PARK, S 89044118" E, 434.02 feet to the POINT OF BEGINNING; thence continuing S 89°44'18" E, 146.32 feet along said South boundary; thence N 00054156" E, 40.00; thence N 69044118" W, 190.42 feet to a point on a curve concave to the Northeast having a radius of 350.00 feet; thence Southeasterly along the arc of said curve 47.33 feet through a central angle of 07044154", a chord distance of 47.30 feet and a chord bearing of S 46°37'17" E to the point of reverse curvature with a curve concave to the Southwest having a radius of 400.00 feet; thence Southeasterly along the arc of said curve 11.92 feet through a central angle of 01042124", a chord distance of 11.91 feet and a chord bearing of S 49°38'32" E to the POINT OF BEGINNING. - Containing 6,774 square feet, more or less. 'L . Parcel 129 containing a total of 1.887 acres, more or less. PARCEL 129.04CD PAGE 3 This instrument prepaVon or under the directio Kenneth G. Wing Assistant Gryal Co P sDepartment o rang o "THIS CORRECTIVE SUBORDI ATION OF UTILITY INTERESTS IS BEING GIVEN TO CORRECT THE LEGAL DESCRIPTION CONTAINED IN THAT CERTAIN SUBORDINATION AGREEMENT RECORDED IN OFFICIAL RECORD BOOK 8698, PAGE X161 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA DATED t1? LOa/94." RECORDED NATURE OF ENCUMBRANCE DATE FROM TO 1 O.R. ROOK/PAGE EASEMENT 12/13/82 FRANK C. KUNNEN, CITY OF CLEARWATER. 5458/245 JR. EASEMENT _ 12/20/85 FRANK C. KUNNEN, bITY OF CLEARWATER PLAT BOOK JR. 95, Page 1 PROVIDED that the city has the following rights: 1. The city shall have the right to construct, operate, maintain, improve, add to, upgrade, remove, and relocate facilities on, within, and upon the lands described herein in accordance with the FDOT's current minimum standards for such facilities as required by the FOOT,- Utility Accommodation Manual in effect at the time the agreement is executed. Any new construction or relocation of facilities within the lands will be subject to prior approval by the FOOT. Should the FOOT fail to approve any new construction or relocation of facilities by the City or require the City to alter, adjust, or relocate-its facilities located within said lands, the FOOT hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to the cost of acquiring appropriate easements. 2. Notwithstanding any provisions set forth herein, the terms of the utility permits shall supersede any contrary provisions, with the exception of the provision herein with reimbursement rights. 3. The City shall have a reasonable right to enter upon the lands described herein for the purposes outlined in Paragraph 1 above, including the right to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided ; that such rights do not interfere with_the operation and safety of the FDOT's facilAies. k 4. The City agrees to repair any damage to FDOT facilities and to indemnify the FDOT against any loss or damage resulting from the City exercising its rights outlined in Paragraphs 1 and 3 above. PARCEL. 129.04CD PAGE 4 This instrument prepared by, or under the direction o Kenneth G. Win Assistant General Counsel Department of Transport ion IN WITNESS WHEREOF, the FDOT hereto has executed this agreement on the day and year first above written. Signed, sealed and-delivered in the presence of: WITNESS PRINT NAME P WITNESS PRINT NAME STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION By: Director of Production for District VII ADDRESS 11201 N. MALCOLM McKINLEY Dr. TAMPA FL 33612 STATE OF FLORIDA COUNTY OF HILLSBOROUGH The foregoing instrument was acknowledged before me this day of , 199, by , DIRECTOR OF PRODUCTTONfor District VII , who is personally known to me or who has produced as identification. PRINT NAME Notary Public in and for the County and State last aforesaid. -- My Commission Expires: Serial No., if any: PARCEL 129.04CD PACE S IN WITNESS WHEREOF, the said grantor has caused these presents to be executed in its name by its Mayor-Commissioner and its city Manager, the day and year aforesaid. Countersigned: Rita Garvey, Mayor-Commissioner CITY OF CLEARWATER, FLORIDA By: Elizabeth M. Deptula City Manager Attest: Cynthia E. Goudeau, City Clerk STATE OF FLORIDA ) COUNTY OF PINELLAS ) -BEFORE ME, the undersigned, personally appeared Rita Garvey, Mayor-Commissioner of the city of clearwater, Florida, who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who Is personally known to me. WITNESS my hand and seal this day of , 1995. Notary Public Print/type name: STATE OF FLORIDA ) COUNTY OF PINELLAS ) .BEFORE ME, the undersigned, personally appeared Elizabeth M. Deptula, City Manager of the City of Clearwater, Florida, :who executed the foregoing instrument and acknowledged the execution thereof to be her free act and deed for the use and purposes herein set forth, and who is personally known to me. WITNESS my hand and sea-l- this day of Notary Public Print/type name: 't Approved as to form and legal sufficiency: Pamela K. Akin, City Attorney PARCEL 129.04CD 1995. 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DAT ?i r• . 3r?ie w.: =T. r,- ITEM C. _APPOINT_MENT_ WORKSHEET FOR COMMISSION MEETING ..Qrtobgr 19, 1995 APEQIN_ TMFNTS Agenda # revised, recv since notification BOARD: Municipal Code Enforcement Board MEMBERS: 7 TERM: 3_ygars 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: 1 SPECIAL QUALIFICATIONS: Whenever possible, DATE APPTS. TO BE MADE: 10/19/95 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 REA£'RQINTMENT FOR A NEW TERM OR REP?_ACE,MENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appointment Record-- reappgin ,nt (Cont. from 1015195) 1. Robert Theroux 1994 NA Mr. Theroux is completing an unexpired term to 10/31/95 No THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: 1. Faustino Dolores 3312 San Domingo St., 34619 "2. Joyce Martin 19029 US19N, Bldg 410,34624 3. William Plouffe 200 Skiff Pt., Apt 2, 34630 4. H. Virginia Robinson 1005 Amble Ln., 34615 5. Arthur Walsh 2066 Madrid Ct., N., 34623 Engineer Retired Personnel Mgmt Specialist Current member DCAB, would resign off that 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 lb. I q. q5 C?e??-Yw??-? 3c.+.b11? ??s Gam E?.?t os S CtzD ? Cl? ?Q . ?}- + I'S • 1 w aka. I 0 kk? ?u a.Yc . awL Q-%QU-A (:)L IM 10--?? 0?- tlllcA ot. U m c-Gxk c-,:- ac. cA..LY 5 o-u-ttG- Codes . RECEIVED OCT 13 1995 y I 'CITY CLERK DEPT. ,:., . i Name J _CZ?C-u- 1 .• AnnlicMt_on fCr Advlsar-r Boards MAR 7 1992 (must 1e C_ea- cater Yes; derv.) _ ..? if Y Its ,? Rome Address: I q o ?,(S • I ? ?l . .?.?ld?, c???p Teleflhone S 13 - a 3 '? 00 3 Address Teleohane Eow Long a resident of the City of C! eazwater7 Occuinarion N / A E:talaver Field of Education: 00(61e itlC(A1JJSCI f60) isLIGt?olo v l v ? ? o oc fl C?51 [LC'(C? l ?C? 1(?c? t. If retired, former occunati on Other Work E:crerience: '' vb Y tctlscc. ?? t«?scL/ QY?t { a_ t 5 ?? 'CSC Qtl- "tom l?l Communittr A.ctivites : US rii E1 ecrt.in?? p?? ' •?(;CL; c?L??-tL(tkeacY? c. ?'t t Cu.xY cite,, ei??" tt ? , Other Interests : ??et?t?iex: ?ttiLC)cYr :r- i?,.,%VLL C?tL. )ate ucbo.?rs'It?; ?_CC-ftltl+ Board Sew•,rice {-e:.-rent-and past) Eoa_d Pre-erence : 2-Sq , P'G.?ouit??t I11?1•)e?o ?eIJ L'1?+i t 2'2 1u1.tYI '1 ?A6&10% ( `ok.titii.? 1 6.(MLIt bp t J1'?l (kA' ?te c. ,macCmvom Cat n.l?t1 1-(-) tC. kAtt`,111d. -2bL, «-q Etec?? 01?,?lLctc?z ?Addit=anal Signed: C.c'? . ??CcZ It ?? Date: 1 k 1 I C Pleases ',,see attached list for Boax:?s that Financial Disclosure. PLEASE. RETURN THIS FOR' TO: C .t-,r Cle=kl s Dena-.:tent P.O. Boss 4748 Clearwater, FL 34618 , s ;¦ Re=3,6 CITY OF CLEARWATER Interdepartment Correspondence Sheet TO: The Honorable Mayor and Commissioners THROUGH: Elizabeth M. Deptula, City Manager PROM: Richard J. Baier, City Engineer COPIES: Kathy S. Rice, Deputy City Man yger William C. Baker, Assistant City Manager Gary A. Johnson, Engineering Project Coordinator SUBJECT: Faustino F. Dolores DATE: October 10, 1995 Please accept the following information that Gary Johnson, per my directive, obtained from Mr. Dolores prior employers as listed on his resume. The contact at Techstaff was very enthusiastic about Mr. Dolores abilities as an engineer, He said Mr. Dolores was hired as a contract employee and they never had any problems with him or his performance. He said Mr. Dolores was an excellent engineer and he would not hesitate to recommend him for any assignment or to provide anyone with an excellent recommendation for future employment. Mr. Ray Krumsieg of Gulf Machinery Sales Engineering, Inc., said that Mr. Dolores was a "good engineer who is easy to work with and has lots of energy". Mr. Krumsieg also noted that he would not hesitate to give Mr. Dolores an excellent recommendation for future employment. The local office of T.I. Temporaries in Pinellas Park would not give Mr. Johnson any information over the phone and referred Mr. Johnson to their corporate office. That office, as a matter of corporate policy, would only verify the employment dates that Mr. Dolores listed on his resume. Please call me at 6042 if you have any questions. tino.pa) 37 CITY OF CLEARWATER interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Clerk SUBJECT: Scientology request,for Street closure COPIES: Elizabeth Deptula, City Manager Pamela D. Akin, City Attorney DATE: October 18, 1995 Attached is a request from the Scientologist requesting the closure of a section of Cleveland Street to celebrate the opening of the renovated Bank of Clearwater. Building. This request was filed in a timely manner. The letter was sent to the Clerk Department for placement on the agenda but there is no record of it having been received there. The request is being added to the October 19, 1995 meeting under Other Pending Matters, Item number 37. I am sorry for any confusion this may cause. Lo? Church of S Scientology. Office of Public AtTairs 118 N. Ft HarrSion St. Clearwater, FL. 34615 (813) 443-3748 (813) 442-0375 fax e'l I-Y MANAGER October 4, 1995 Ms Betty Deptula city manager P.O. Box 4748 Clearwater, FL 34618 Re: Closure of Cleveland Street for Sunday 5 November 1995 Dear Ms. Deptula, The Church of Scientology has recently restored the old Bank of Clearwater Building and in effect is returning this piece of Clearwater history to the city and the people of Clearwater. In order to announce this officially we would like to have a big street party and invite all the citizens of Clearwater so they can share in the opening of the building. In order to do this with enough space and so that people can see the different festivities that are being planned to take place at the front of the building we would like permission to close one section of Cleveland Street. The closure is planned for the least busy time of day on the least busy day of the week which is Sunday 5 November. The street party would go from 7:30pm to 9:pm and the street would need to be closed at 5:30pm in order to be able to set up the stage, band, sound and other event equipment. We are also planning to close Watterson Avenue for the day and will file a special permit with the Engineering Dept for the closure of this street. All the businesses on the street have been checked with and they are in agreement with the street being closed. On the day when «ve can filly trust each other, there will be peace on earth. L. Ron Hubbard --, from Scientolog n New Slant on Life 0 COMSfir 065.1978,141 by I. RonEtubbmd. AUt4hufnmtd O Cap}Tielrl 1993 by dre Ch++rch ol'Scienlolr,gy, r17g Service Org-niaatinn. inc. Srienlology is n trndcrnnrk and xcrVice mark owned by Relipaw Technology Center and is wed. with ifs pennimion, - 2 - We want to close Cleveland Street from Garden Avenue to Fort Harrison Avenue with an approved detour route for eastbound and westbound traffic which has been designed by Bob's Barricade Company: (copy attached) Westbound traffic on Cleveland will be detoured north to Drew Street and then back onto Cleveland; the eastbound traffic will be detoured south on Fort Harrison to Park street and then back to Cleveland. Approximately 2500 people are expected to be at this event. The partial closure helps ensure the safety of the attendees. As usual we will be hiring off duty policemen to assist in pedestrian safety and traffic control. An application for a Special Event has already been filed with the Clearwater Parks and Recreation Department. This letter is to formally request permission to close Cleveland Street as outlined above and in the attached map. As part of this request, the Church also would like to have a church representative be allowed to address the City Commission on this matter at the Commission meeting on Thursday 19 October to get the needed resolution introduced and passed as required by the Department of Transport. Sincerely, Mary Sto y Public Affairs Director _J S. n. T IN 590 ?- DQ.tirti-( 5T, S O n m 0 a A C L-Lj 1 1 LL I)-1 c av 4 wQ Lil ` 13 Z ? g A G l ST, 111 SHOTGUN ROAD SUNRIGE, FLORIDA =2 w TOIL FMIR 1.800-i79.80?? sr : • "i fK`onA tJr R c? 2] J C ?r a i RESOLUTION NO. 95.76 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING CERTAIN REAL PROPERTY LOCATED IN HART'S ADDITION TO CLEARWATER, CLEARWATER, FLORIDA, HAVING A POST OFFICE ADDRESS OF 4051A GARDEN AVENUE, CLEARWATER, FLORIDA, AS DESCRIBED MORE PARTICULARLY HEREIN, IN THE AMOUNT OF $1683.00 FOR THE COSTS OF DEMOLITION INCURRED IN REMOVING A DANGEROUS STRUCTURE, WITHOUT THE CONSENT OF OWNER. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and slid not properly comply with the requirements of said Code, and found that an emergency existed which, in his opinion, involved danger to human life and health, and ordered the demolition of the building; and WHEREAS, the City of Clearwater has caused the demolition of the building, and the cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the property; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF TIME CITY OF CL.EARWATER, FLORIDA: Section 1. The Building Official having ordered the demolition of the building situated on the following described property: Hart's Addition to Clearwater, Block 2, Lot 12 (Parcel Number 09129115/37422100210120). Owner of record: Proben & Ester C. Hunt 407 Feather Tree Drive Clearwater, FL 34625-2454 r and the City of Clearwater having now completed said work, the City Commission does hereby assess and charge a lien on behalf of the City of Clearwater against the property for the necessary costs incurred as follows: TOTAL DEMOLITION COSTS $1683.00 (See Attachment "A") Section 2. As soon as practicable, a Certificate of Indebtedness against the property for the amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City in not exceeding ten. (10) equal annual installments with interest at a rate not greater than eight percent (8 X) per annum. Secli n The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said property, and to record the same in the Public Records of Pinellas County, Florida. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOP'T'ED this Attest: Cynthia E. Goudeau City Clerk day of , 1995. Rita Garvey Mayor-Commissioner t ti ATTACHMENT "A" Resolution 95-76 (4051h Garden Avenue - Clearwater, Florida) TASK NALOL - (Pinellas County Records for ownership) Various correspondence and telephone calls Purchase requisitions Take photographs TOTAL HOURS One (l) hours 0 $25.00 per hour Film, developing, and prints Certified Mail and regular postage Asbestos Survey - Occupational Health Conservation, Inc. Demolition (E. L. Trevena, Inc.) TOTAL EXPENSES LIEN AMOUNT f x i? Z'T1VIE i 1 AMOUN'T' $25.00 8.84 2.29 250.00 1.397.00 $1683.3 $1683.00 t i 0 ;/b . 1111-7- k 1() ?a,4c? o? Gf? / `ref CITY OF CLEARWATER Pie Z'srecuar.? ,r?dgdl`r.4?!osi/• In'terdepartment Correspondence Sheet COPIES TO, COMMISSION ,.!7j, To: Elizabeth M. Deptula, City Manager FROM: Richard J. Baker, City Engineer 795 • RRESS COPIES: Kathy S. Rice, Deputy City Manager CLERK lATT©t ,,. William C. Baker, Assistant City Manager ''?? Terry Jennings, Chief Engineer Glen Bahnick, Civil Engineer 11 SUBJECT: Lease and operative Agreement for Clearwater Airpark DATE: October 4, 1995 As previously discussed, Glen Bahnick (the Engineering?Airpark Liaison) and I are attempting to negotiate a lease in good faith and as set forth within the provisions of Article One of the current lease with the fixed based operator. As such, I believe the primary tenets for the lease renewal should be increased economic return to the City of Clearwater, improvement of the Airpark building and aviation facilities, ADA concerns within the facility and assumption of the routine grounds keeping by the current fixed based operator. The current lease expires on the 31st day of March, 1996 and as you may note, we are beginning the negotiations in advance of the Commission's desired notice date for any such lease expiration. If any member of the City Management team should have additional tenets that they wish to include within this good faith negotiation procedure, please have them contact me directly so that we may include all such aspects. The Engineering Department believes that should we be unable to arrive at a mutually agreed upon set of terms and conditions for a new lease for the current fixed based operator that this lease should be bid out competitively under a Request for Proposal. RJB/ns PRELIMINARY AGENDA Clearwater City Commission Worksession - Monday, October 16, 1995 following CRA which begins at 9:00 A.M. but no later than 10 A.M. Clearwater City Commission Meeting - 6.00 P.M. - Thursday, October 19, 1995 Service Awards Convene as Pension Trustees Reconvene as Commission ED ECONOMIC DEVELOPMENT 1. Marketing /Communications Plan - Presentation 10119195 FN FINANCE 1. Approve settlement with Arthur Carpentieri, Claimant, for $115,318.40 as full, final, & complete settlement of all indemnity, medical, & attorney fees arising out of Claimant's pending workers' compensation claim and releases City from any and all future workers' compensation exposure to Claimant together with waiver of any future pension arising as a result of a job-connected disability (Consent) GAS GAS SYSTEM 1. Contract for installation of polyethylene gas mains & service lines to Heuer Utility Contractors, Inc., Clearwater, FL, for the period 10/19/95-10/18/96, at an est. $867,750 (Consent) GS GENERAL SERVICES 1. Contract for purchase of towing services to Jimmie's Wrecker Service, Inc., Clearwater, FL, for the period 11/1 /95-10/31/98, with option to renew for an additional year upon mutual consent, at an annual est. $38,124 for a total est. $114,372 (Consent) 2. Contract extension for tire service, repair & replacement with Don Olson Tire Service, for the period 1011195-12131195, at an est. $68,750 (Consent) IM INFORMATION MANAGEMENT 1. Contract for publishing a special regional spotlight advertorial report on Clearwater / Clearwater Beach & Sand Key to Florida Trend Magazine, including a 16 page supplement, special advertising rates in the supplement for Clearwater businesses, extra copies & follow up advertising, for $35,000 (Consent) PR PARKS AND RECREATION 1. Confirm co-sponsorship & waiver of city fees for Special Events approved in 1995/96 Operating Budget (Jazz Holiday, Fun 'N Sun, 4th of July, Family Holiday Traditions & Parade, Turkey Trot, N. Greenwood Street Festival, & Martin Luther King Parade), an an est. $141,980 ($69,720 cash contributions & $72,260 in-kind contributions); authorize event sponsors to approve vendors (Consent) 10/16/95 EN ENGINEERING 1. Declare as surplus for subordination to FDOT the City's easement rights & interest in 3 parcels of land 0 17.07CD, 129,04CD & 804.07CD) lying along SR55, between SR60 & the CSX Transportation r-o-w, N of Drew St., and void previously approved subordinations (O.R. Book 8698, pages 1142, 1190 & 1161), Res. #95-60 - authorizing City Manager to execute documents with FDOT 2. C.O.#2 to 1995 Sidewalk Contract to MTM Contractors, Inc., Pinellas Park, FL, increasing the amount by $80,810 for a new total of $321,487.50, and approve a time extension of 60 days (Consent) 3. Increase contract award by $51,090 to Van Waters & Rogers, Inc., Tampa, FL, for purchase of additional chlorine in 1 ton cylinders for the remaining portion of contract period 414195-2128196, for a new total est. $141,480 (Consent) 4. C.O.#1 to 1995 Gunite Restoration Contract to Infrastructure Services, Inc. / ISI Operating Corp., Franklin, TN, increasing the amount by $32,480 for a new total of $356,191; and approve a time extension of 20 days (Consent) 5. Accept Contract for Purchase of Real Property from John J. Chiafolo, Jr., located in Sec. 16-29- 16, for Cleveland Street Extension & Widening, for the purchase price of $24,900, and pay environmental audit & testing expenses maximally est. at $2,500, with a boundary survey & closing costs est. at $750, for a total est. $28,150 (Consent) 6. Accept Contract for Sale of Real Property, First Addition to Sunset Point, Blk E, Lot 34, 1872 Springtime Ave., to Clearwater Neighborhood Housing Services, Inc. for $12,000 cash, subject to terms & conditions contained in contract (Consent) CP CENTRAL PERMITTING 1. Variance(s) to Sign Regulations for property located at 202 Windward Passage, Island Estates of Clearwater, Unit 5, Blk D, Lots 10-13, part of Lot 9 & vacated street on N & E (High and Dry Marina, Inc., SV95-15) 2. Variance(s) to Sign Regulations for property located at 2530 McMullen Booth Rd., Sec. 28-28- 16, M&B 33.02 (John Hancock Mutual Life Insurance Co. 1 Northwood Plaza and Republic Bank, SV95-42) 3. Receipt/Referral - Alcoholic Beverage Ordinance Revisions (Consent) CM ADMINISTRATION 1. Purchase of pipe and drape for Harborview Convention Center from Crown Industries, East Orange, NJ, for $ 29,160 {Consent) 2. Purchase of riser stages and accessories for the Harborview Convention Center from Sico North America, Inc., Minneapolis, MN, for $31,687.09 (Consent) 3. Amendment to Jolley Trolley Lease to include the premises at 311 S. Madison Ave. (Consent) CLK CITY CLERK 1. (Cant. from 1015/95) Municipal Code Enforcement Board - 1 appointment 10/16/95 2 CA LEGAL DEPARTMENT I Second Reading Ordinances 1. Ord. #5875-95 - Annexation for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk B, Lot 7 (Booth, A95-15) 2. Ord. #5876-95 - Land Use Plan Amendment to Residential Low for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk B, Lot 7 (Booth, LUP95-17) 3. Ord. #5877-95 - RS-8 Zoning for property located at 1531 Stevenson Dr., Stevenson's Heights Sub., Blk B, Lot 7 (Booth, A95-15) 4. 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. 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. Ord. #5918-95 - Land Use Plan Amendment to Commercial General 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) - Request to Cont. to 1112195 7. Ord. #5919-95 - 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, Z95-08) - Request to Cont. to 11 /2195 B. 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 Resolutions 1. Res. #95-76 - Demolition Lien - 405 1 /2 Garden Ave., Hart's Addition to Clearwater, Blk 2, Lot 12 (Proben & Ester C. Hunt) OTHER CITY ATTORNEY ITEMS City Manager Verbal Reports 1. Philosophy of Operation (WSO) Commission Discussion Items 1. Beach Renourishment Sand Key Other Commission Action Adjourn 10/16195 3 ¦ Ia ...- CITY OF CI.EARWATER PRINCIPLES OF OPERATION our primary responsibility is to the community of Clearwater. we wig yrovide a f scally responsible, stable govcm> att committed to minimum regu?utfon. as well as uvmvatton wul creativity in semfce delivery. we wig be accountable, resyonsive and accessible as an organizatfon. We are committed to yravidfy high duality services In a tflnely, epcient and economical manner. we wig reduce the barriers to services and Inbrhigtion. 1 we wig work in yartncrshiy with all In our community to build a city which is s4 e, economfedy sound and physically attractive and which provides the opportunities and amenities conducive to a high quality of life. , We wig encourage community yarttciyatfon in our acttvitfcs. We recognize t6 mutual respansibllity of government and ettizens it the fuallty of 0 in our community. we wig provide the -opportunity and assistance required to citable individuals and groups to become the actual doers in mectfng community needs. we recognize and resyect the dedication, prafrssionaltsm and commitment of our cmpl gees and take yrtde in their accomplishments. we are committed to creating ate aMronmrnt which encourages emybyees at aH 6eh to respond constructfveIy, creatively and Ira ffedy to community needs. we recognize the value of taking calculated risks and wig encourage it V agowing employers to learn from mistakes without fear of unreasonable consequences. we are committed to ongoing employee training and development to maintain the high level of comyetcnee necessary fir pllty govcrnare acid services. we a f firm the dignity and worth of f yublic service. we acknowledge our responsibility to be stewards deserving of the public mist, to be fiscally responsible in our daily decisions, to recognize and develop the potential within each person and to be entimsfastie yartiiers In yroviding qu hty Service to city community. Na6% I) CCT 11 'S5 22:2EFrI F.2i2 COPIES T0. COMMISSION ?-- UCT 111995 PRESS CLERK /ATTORNEY CITY OF CLEARWATER P.O. BOX 4748 CLEAR'W'ATER, FLO=A 34618-4748 City Commission MEMORANDUM TO: Batty Deptula, City Manager FROM: Fred A. Thomas, Commission DATE: October 11, 1995 SUBJECT: Advertisement in Clearwater Beach Views Newspaper CC: Mayor, Commission **W**k*.*w*MfmMC*wricufe*************** *1*** .*vwlK*Ar**k******by***MMV**P N ****** **aiWWW ***WW I hav4 just learned that the City Commission's movement to advertise in the Clearwater Beach "Views for twelve maths has been stepped because. of a budget mistake, I presume this was an oversight by staff, and that they did not put money into the budget to complete the contractual commitment from the Clearwater Commission to the Reach Views Newspaper. The minutes clearly state a twelve month test program. That test ends December 31, 1995. 1 find it inappropriate that the City Commission takes action and then through soma staff glitch doesn't fund their action. Please agenda this for the work session to see if this issue can be quickly resolved. FAT/j ej FROM : fEAQi-V 1 EWSre Here PHONE NO. : e13 461 5659 Oct. 12 1995 12:52PM F'1 .%PLE-AR ry 'WATER (iAZE Beach Views I Clen?rvvater's Newspaper Serving Clearwater Sic the Islands. .. sinco t9so I COPIES TO; COMMISSION 1995 00T 1' To: Mayor, City Commissioners and City Manager Date: October 12, 1995 CLERK I ATTORNEY Dear Mayor, City Commissioners and City Manager: I regret io inform you of a letter I received on October 9th from the City Clerk's Office signed by Sue Diana. Not o* was the letter erroneous, but it was mailed to my attention after the Taal If you would refer to the minutes of the instant issue, you will find that our advertising legal notices with the city did not begin until December. More importantly, Commissioner J.B. Johnson later made it dear (3 months ago) that he expected the one-year agreement to be honored and fulfilled. I tract you will remedy the error of the Ceck's Office. Lastly, and because of the (un)timely letter, I believe the citizens of Clearwater would appreciate renewing the agreement of legal notices for another year. The project was so successful that lies iweived over 120 Team Of course, you already know haw many people in Clearwater that quote regularly from 77te Cleo water Gazette & Beach Views Clearwater's hometown newspaper. Many of Clearwatces Civic Associations have appreciated the Ability to read legal notices. (l would be more than happy to have them personally speak to the subjectl) Your forethought and bind consideration of Clearwater and area citizen awareness of legal noti= has surely been appreciated. Y. Z!7. Charles J. Pollicl- 25 Causeway Blvd. • P.O. Box 3025 . Clearwater Beach, Florida & (813) 446-6723's FAX ($I3) 461-5659 t r )? OCT lz 155 F2:ZEFM COPrE:: rcj' P.2/4 Comm ISSPON oC T 11 1995 CLLRK pfiESS CITY OF CL WAT.ER I ATTORNEI: P.O. BOX 4748 CLEARWATER, FLORIDA 34615-4748 City Commission TO: FROM: DATE: SUWECT: MEMO mUM Rita Garvey, Mayor Fred A. Thomas, Commissioner October 11, 1995 Stating a position for the CC: Commissioners, City Manager wwwwraww?ww??.r.awwwww-W aaaar•?aaaYa W wwawwaaaw-w?awr??awaaw--w-wM Y?www awra?waaarMaw?a--a Pa?ww?aawwwawaww-ay I take exception to the letter you wrote on behalf of the Clearwater City Commission to Senator lack Latvalz taking a position for the City of Clearwater with regards to Medicare and city employees. I do not have a position on the matter other than the fact that it was never discussers at a City Commission Work Session or Meeting where we created onsensus on a position for the City of Clearwater, I do not believe that it Is in the best interest of the City that any Commissioner or Mayor write on behalf of the whole City and the City Commission stating a position that has never been taken by that Board. It is inappropriate, I request that you do not do this again, and that you have this put on the agenda for future discussion. cc; Senator Jack Latvala FAT/i e1 ?.. ` CCT 11 'S-5 02: 2SFM F. 314 UY coff m ssi" October 6, 1995 C I T Y O F C L E .A. R W ,A. T POST efrFIC[ box drag CLEARWATER. FLORIDA 54618.4746 The Honorable Jack Letvala Senator - District is 302 Senate Office Building Tallahassee, PL 32399-1100 Dear Senator Latvala: COPIES jo. ooMMfssjof OCT 0 9 1995 DRESS CLERK I ATTOFtMey The City of Clearwater strongly opposes the reconciliation bill proposed by Senator William Aath, Chair of the Senate Finance Committee, which mandates extension of (Medicare coverage to all state and local government employees. It amounts to a considerable unfunded mandate for many cities - one which would wreak havoc with local budgets - and a significant tax increase for many city workers. The increased costs due to mandatory extension of Medicare will be difficult, if not impossible, for many cities to absorb. Taken together with the various program cuts expected in the approprimions bills and the potential fiscal impact of significant, changes in welfare. Medicaid and Medicare on local governments, many cities will be in an untenaole position. 's i i i s f S OCT 11 PIES L>2:2spm P.4/4 The Honorable Jack Latvals 2 October f, 1995 s: While most mayors agree that the federal budget must be brought Into balance, and that the future fiscal stability of the Medicare system must be assured, this must not be done in a manner with places an unfair hardship of an undue burden on cities, their residents or their employees. I urge you to oppose the proposed bill rnsndating extension of Medicare coverage to state and local government employees. Sin rely, lwi . Rita Garvey Mayor RGlhma cc: Donna McGaughey, Delegation Assistant City Commission Elizabeth K Deptula, City Manager