01/09/1997
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ACTION AGENDA ~ CLEARWATER CITY COMMISSION MEETING
Thursday, January 9, 1997 - 6:00 P.M. - County Chambers
1 . Invocation
2. Pledge of Allegiance
3. Service Awards
4. Introductions and Awards
5. Presentations:
a) Bordner Report
6. Approval of Minutes - Regular Meeting
12/5/96
1. Rev. William Anderson, Calvary Baptist
Church.
2. Mayor.
3. None.
4. Proclamations:
Miniature Arts Month - 1197
100th Anniversary - Belleview Mido
5. a) Report received.
Turkey Trot Awards:
Winner logo competition - Steve Palladian
Stuffed Turkey (largest % of departmental
employees participating) and Iron Turkey
(most miles) awarded to Engineering. $5,000
check presented to Youth Track Team.
6. Approved as submitted.
7. Citizens to be heard ra items not on the Agenda
Jay Keyes. Anne Garris. Gerry Huskins & John Doran requested a staffed Welcome Center on
Clearwater Beach for this tourist season.
PUBLIC HEARINGS
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8. Public Hearing & First Reading Ords. #6112-
97 & #6113~97 ~ Annexation & IL Zoning for
property located at 2121 Calumet St.,
Clearwater Industrial Park, part of Lot 17
together with abutting r~o-w of Calumet St.
(Buettner & Kinkead, A96-28)
9. Public Hearing & First Reading Ords. #6114-
97 & #6115-97 - Annexation & IL Zoning for
property located at 1310 N. Hercules Ave. &
1965, 1979 & 1985 Carroll St., Hercules
Industrial Park, Lots 33-35, 37-39 and part of
Tract A Replat of Blks 1-19, Marymont Sub.,
with abutting vacated r-o-w of Overlea St.
(Walker 1 Word I Metal Industries, Inc., A96-
29)
8. Approved. Ords. #6112-97 & #6113-97
passed 1st reading.
9. Approved. Ords. #6114-97 & #6115-97
passed 1st reading.
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Public Hearing - Second Reading Ordinances
10. Ord. #6106~96 - Amending Sec. 35.11 & 10. Ord. #6106-96 adopted.
various sections in Ch 40 to define Public
Education Facilities (PEF) and ,to allow PEF as
a permitted use In certain districts
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. City Commission
Meeting
1-9-97
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,?:::' , ,'note: t-6~97 Preliminary (Worksession) Agenda an,d paperworl(
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~,':;';': ',Thursday's agenda is,at the back of this agenda pack.
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CITY MANAGER REPORTS
CONSENT AGENDA (Items #11-29) - Approved as submitted less 1 st entry under #22.
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.
11.
Contract to purchase a vacant parcel, south Y2 of Lot 31, Palm Park (Addn to Clearwater) in the
amount of up to $35,000 from Ramon Curtis, etal plus expenses for a total of $38,975 (ED)
Contract to purchase real estate located at Woodlawn Street, Harvey Park, Blk B, Lots 1 - 12,in
the amount of $80,000 from Robert A. Binder, eta I plus expenses for a total of $83,865 (ED)
Acquisition of real estate for future economic development located at 1006, 1008 and 1010
Garden Avenue, J.J. Eldridge Sub, Blk C, part of Lots 27-29, from AmSouth Bank and payments
of assessments and back taxes for a total of $1,062.73 (ED)
Agreement with Anthem Life Insurance Company; accept $444,449 refund plus interest from
Anthem Health 1 Gulf Life Policy #5437 and deposit such funds in Premium Stabilization account
in the Self Insurance Fund (FN)
Approve $163,075.27 payment for wage loss benefits {including principal, penalties & interest'
to Thomas Pearson for the period 7/14/89-3/24/96 (FN)
Authorize City staff to refuse settlement offer of $36,888 from International Surplus Lines
Insurance Company for a complete release of any reimbursements due the City under policy #GP-
57192, for workers' compensation benefits paid or to be paid hereafter to Charles Kimball (FN)
Approve $23,000 payment to William Yanger. Jr., Attorney, for fee for all workers'
compensation benefits he obtained for his client, Charles Kimball (FN)
Ratify and confirm contract for managed care services for City employees suffering job-
connected injuries covered by workers' compensation as needed by the City to CarVel Corp., for
an amount now est. to be less than $25,000 annually (FN)
Lease Agreement with Thomas C. & Patricia A. Wolkowsky d/b/a Marina Restaurant, for the
period 1/9/97~1/8/2002, plus 10% of yearly gross sales exceeding $200,000 with an additional
5 year option, with 5 % increase in 2002 (MR)
Agreement with Countryside Little League, Inc. allowing the League to construct an equipment
storage, umpire and batting machine building at Countryside Community Park (PR)
C.O.#1 to Stevenson's Creek Channel Improvements Phase 2 Contract to Kamminga and
Roodvoets, Inc., Tampa, FL, increasing the amount by $84,040.83 for new total of
$3,864,650.83; and approve time extension of 10 days (EN)
Approval of Purchases per 12/30/96 memorandum (Not separate agenda items):
Maintenance of Xerox 5090 high speed copier to Xerox Corp., 2/1/97~1/31/98, est. $37,032.48
(1M) - PULLED
Network equipment & software from BCD Computer Distributors, Inc., for $72,579; desktop
computers & related components from Dell Computer Corp., for $13,774; lease purchased under
City's Master Lease Purchase Agreement in the amount $65,623 (Dell - $13,774 and BCD
$51,849), balance of $20,730 paid in cash (1M)
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
22.
1/9/97
2
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C.0.#1 to Agreement with Pinellas County to relocate natural gas mains during improvements to
Drew Street, between Hercules Ave. & US19, increasing est. labor cost caused by Pinellas
County's re-bid of the 3 year old project, by $16,265.70, for newest. total $103,265.70 (GAS)
Two 1997 Ford Crown Victoria Police Interceptor automobiles from Duval Ford, for $42,830 (PO)
House Service Relocation for Water Main Contract - Phase 14 to McGill Plumbing, for est.
$264,1155 (EN)
Tennis court lighting for the McMullen Park Tennis Complex to M. Gay Constructors, Inc., for
$64,850 (PR)
1997 Street Resurfacing to Golden Triangle Asphalt Paving Company, for est. $1 ,091 , 143 (EN)
Extension for Residential Gas Meter Change Out Program throughout Pinellas County service'
area, to West Coast Plumbing, Inc., 1/22/97-1/21/98, est. $48,400 (GAS)
Authorization to negotiate with Demetre Loulourgas to prepare a development agreement for
Marymont Replat, part of Tracts A & B (CM)
Interlocal Agreement with Pinellas County School Board for Public Educational Facility Siting in
Pinellas County (eA)
Public Access Easement - on Sand Key (Dan's Island 1600 Condominium Association) (CA)
Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 6 (Morgan Tire and Auto, Inc.
dlbla Don Olson Tire & Auto Centers), (eA)
Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 7 (Morgan Tire and Auto, Inc.
dlbla Don Olson Tire & Auto Centers) (CA)
Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 7 (Patricia B. Morgan, as
Trustee ot'the Morgan land Trust I dated 1/1/92) (eA)
Deny request of Port Richey to defend it in a lawsuit styled A & L Underground, Inc. v. City of
Port Richey (eA)
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23.
24.
25.
26.
27.
28.
29.
OTHER ITEMS ON CITY MANAGER REPORT
30. Res. #97~01 - naming city property located at
1551 Gulf Blvd. as ilBay Park on Sand Key"
(PR)
31. First Reading Ord. #6109-97 - adopting 1992
Edition of the Fire Prevention Code of the
National Fire Protection Association, NFPA-1
(FO)
32. Res. #97-05 - authorizing certain Clearwater
Gas System officials to sign applications for
FOOT permits (GAS)
33. First Reading Ord. # 6122~97 - Amending
Sec. 22.24 to extend City Manager's powers
to regulate the time, place and manner in
which park property is used by the public:
amending Sec. 22.40 to restrict areas where
dogs and' other pets will be permitted IPR)
34. First Reading Ord. #6117~97 -providing a rate
structure to operate in the roll off business in
competition with private companies and
approves the FY 1996/97 investment of
1/9197
30. Approved. Res. #97M01 adopted.
31. Approved. Ord. #6109-97 passed 1st
reading.
32. Approved. Res. #97M05 adopted.
33. Approved. Ord. #6122-97 passed 1 st
reading.
34. Approved. Ord. #6117-97 passed 1 st
reading.
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approximately $235,400 in additional
containers and compactors to support
enterprise (SW)
35. First Reading Ord. #6118-97 - Creating Sees.
22.88-22.91 to provide for alcoholic
beverage special event permits and to provide
a permitting procedure for issuance of such
permits upon certain conditions; amending
Sees. 6.31 & 22.59 to exempt such
permitted sales and consumption from certain
prohibitions (TR)
36. US19 Design Study ~ SR60 to Enterprise
Road
35. Approved. Ord. #6118-97 passed 1 st
reading.
37. Other Pending Matters
36. Reviewed, letter to be written to MPO
expressing desire to maintain as much access
as possible to SR60, Drew St. and other
eastlwest thoroughfares; concerns re
Enterprise/19 type intersection and south
bound access from Countryside Blvd. also to ,
be expressed.
37. None.
CITY ATTORNEY. REPORTS
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38.
Resolutions
a) Res. #97-02 - Demolition Lien
1006 N. Greenwood Ave.,
I. A. Mason's Sub.
, (Adult Comprehensive Protection Services)
b) Res. #97-03 - Demolition Lien
1359 S. Ft. Harrison Ave., Belleair Sub.,
Blk 15, Lots 10 & 11 (Ceraolo)
c) Res. #97-04 - Assessing property owners
the costs of having mowed or cleared owners' lots
a) Pulled.
b) Res. #97-03 adopted.
c) Res. #97-04 adopted.
39. Other City Attorney Items
Approved First Amendment to
Concession Management Agreement for
the City of Clearwater Harborview
Center with Boston Concessions Group,
Inc.
40. "City Manager Verbal Reports
, City Manager announced 1/25/97 N. Greenwood Community Strategy Meeting; 1/13/97 Special
Commission Meeting to chose City Manager search firm; 1/14/97, 9:00 a.m. Alcoholic Beverage
Appeal & 11':00 a.m. closed attorney/client session.
Distributed lunch invitation from Harborview Center for noon on 1/13/97.
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1/9197 '
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She thanked Pine lias County staff for their assistance in holding City Commission meetings in the
County Assembly Room.
41.
Other Commission Action
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Sitel announced ppe is going to start looking at the Annexation Issue. Reported discussion at
Mayors' Council included possible state action re franchise fees, overview of what the County Is
doing re Penny for PineHas, and a tower siting seminar. She questioned if there could be one
community events calendar.
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Johnson questioned what action to take re letter from Library Board requesting removal of a
member. Hooper indicated he had a motion prepared.
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~phnson stated something needs to be done re Welcome Center on the beach. The City
Manager reported the Beach Chamber is providing information and city staff in the Civic Center
direct people to them.
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. Hooper moved to remove Mr. Waddel from the Library Board. Motion carried.
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Hoop(!r thanked Mayor Garvey & Bill Held, Harbormaster, for their response to Captain Alvin
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.c.I.a.rk requested update on transition to new Police Department. The City Manager reported
things' are going smoothly. Questioned if Commission consensus had been to pursue the parking
garage at Pelican Walk. Will be discussed next worksession.
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Garvey requested signs on PST A buses not be pursued; announced next worksession, 1/21/97,
will be at Countryside Recreation Center and 1/23/97 Commission Meeting in County Assembly
Room; Saturday Farmer's Maket, 8:00 a.m. to 1 :OO'p.m.
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" , , 42. Adjournment" 9:26 p.m.
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
Mayor and Commissioners
Cynthia E. Goudeau, City Clerk @
SUBJECT: ,Follow up from January 4, 1997 Work Session
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FROM:
COPIES:
Elizabeth M. Deptula, City Manager
DATE:
January 8, 1997
In response to questions raised at the January 6, 1997, Work Session, the following answers
are in final agenda order:
Item #14 - Refund from Anthem Life Insurance Company - the City had three or four other
insurance companies at the same time as Anthem. Staff is researching whether refunds are due from
any of these.
Item #16 - Payment of Worker's Compensation Benefits - the available balance as of January 7,
1997 is $1,672,766.51.
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Item #19 - Marina Restaurant Lease - the interest rate for restaurant's economic development
loan is nine and a half percent.
Item #21 - Stevenson's Creek Project - the anticipated completion date is September 1997.
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Item #22 - Purchases:
The two police vehicles are being purchased with DUI Enforcement Grant funds.
House Service Relocation - Woodcrest and Dexter are the same street, platted in
separate subdivisions at different times. The water meters have been replaced on the South side of
Ripon, the north side still needs to be completed. New maps will be placed at your seats Thursday
night. Information regarding the cost for locating the meters on private property vs the right of way is
being investigated. ,
Xerox Maintenance - This contract is being pulled from this agenda.
Item #32 - Authorizing officials to sign DOT permit applications - the revised resolution and
certificate of incumbancy are included in your packs.
Miscellaneous:
Community Events Calendars ~ The Chamber of Commerce calendar relates to tourism. The
City's relates to downtown and across the City events. The Chamber uses our calendar as a resource.
Information Management distributes the City calendar in downtown and the DDB places it in their
newsletter. This assists in addressing conflicts regarding parking in downtown. The City's calendar is
, also on the. Internet and the information kiosks.
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C 1 T V OF C L, EAR W ATE R
Interdepartmental Correspondence
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TO:
,Mayor Garvey
FROM:
: Sally Thomas, Agenda Clerk
SUBJECT:
Invocation
COPIES:
Cynthia Goudeau, City Clerk'
DATE:
January 9, 1997
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No minister will be present this, evening:
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,;Uillintllre Art Societll of lloridlll 711(.
R €.. if
dearwater, Florida
FOR IMMEDIATE RELEASE
INTERNATIONAL MINIATURE ART SHOW AT BElLEVIEW MIDO
The petJle and the grand are again JoIned when the nnd IrltematJonaI MlnlatUfe M Show opens January 26 In the elegant
selUng of OeJlWlter's historic Bellevfew Mldo Resort Hotel.
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,The popullfannual exhibit, now a'Sunc.oast trath'tfon, Is the Iead-off hJIturafevent In a SedeS of celetntlcinS honOring the
l00th IOnlversaty of the hotel's opening In January 1897. ' ,.,..! t>~ u:'~~.:- :~.,: .., ' ~ 7'. '; " , .
The Show Is expected to attract thousands of v1ewer-s, many of whom will also take a step back In Urn e through one of the
historical tours offered by the I White Queen of the Gulf ". The historic Iandmar1< Is Florida's oldest operating resort hotel
and one or todays largest occupied wooden stnJct1Jres.
Nine hundred original pleces of painting and sculpture done In small scale wDI be on view In one of the larger shows In
'.. ~~Yurs.:~~to:~,Boyeri; Exhlbl1Jon Olalnnin ~ the ~~hiie M'SOd~:tfCi Flonda, Show'spOnsOc;
~ ';',';; VUb~h.,.~~fWdrit~~1~~~1):~ll:i~t.tt')~1~':'>?#'Vt~ ~ rlt~.;~.:~t~.l.!"hl~,~f.!~~ !-~\1l:.4M.v.'alq,
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, . .Competitlon was rtgor'ous 'and of the 1200 WOI'ks submitted to the Jury r:J selectiOn', 900 will be on VIew, representing 275
" ,; ~. '~Inlaiurists from trye 'l!Olted S~le:' and'. dozen foreign C~trI~ "~d Bo~. :. :; ,{ ~' : . :', ",
,;: i; ,f ~o.~.j..;'~;~lf:~h~,'~i.il~~';:,l.~ ~,,~f'~;l ~~~c ~J,~).;tw.',;.. r~' Jj\J~:'\~ !t:? ~~.p.~ ;:"b:;:~::(', ~ ~ -r},'., \' !; , :,' ':
)~ .:,:j~':Mlnlatift,~ ~ g~'~,aS ~gJriat:.rt;dOrie'ln SmaJI'k,le",'sayS4-AitrtiW~,~.tutJOJs'PesIderi~
'~:1 f' ~~y';nI~~furlsts.~\IJ ~:~'Sficth~~i ~ ~ ~d~.aeating'a ~:n6,;n~re~.~e~ h iCtdirsue'ofthe
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~;"," ': SubJ<<t.' Human heads do)tbt, txCetd 1-1/2 Inches In height md lie ofteil'sm&Der.":<j..':~ ':~,' ~, " ' ' .
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'ThIs is a unique exPertent.e.'sJnce nowhere else In'Rorida an you see '.'large lntema&rw txlilblf or 'contemporarY
m1n1atuteart",Mrs.WensSeyJdded." .., ~~ .~l::;,.!"; .".~:',:1.t" ....',
To Judge the prestigious event the Society brought In award-winning New IeBe)' miniaturist Margl Cochran, I member
of Miniature ArtJst:s of America and England's Royal Miniature SocIety. Cochran awarded 70 prizes totaJUng nearly S 15,000.
The Richard B. Baumgardner Best of Show honor went to WRliam P. Mundy RMS, MM, Henley~.1hames, England for
his watercolor Chid Runsewt. A miniaturist of global renown, Mundy has done portraits of foreign leaders and heads of
state ilround the world. Mundy Is coming from England to receive his award and has agreed to demonstrate his techniques
on Monday Januilry 27 at the Show.
Cochran lauded the 50clety for Its efforts "In upholding the very finest In MIniature tradition. Each year the quality
of work has soared ever upward. This Is an exquisite experience for vlewer$.
A special award In honor of the 6elleview Mido's anniversary has been sponsored by the hotel and will go to Donna
lay, largo artist. for her post-card size portrayal of the hotel as It looked In 1897. The holel plans to use It In their
promotional actfvltles.
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The Clearwater. based Society first Introduced mlnlaturfsm to the Gulf Coast In 1975 with an Invitational show at the
Florida Gulf Coast Art Center, featuring award winnIng artists (rom across the country. florldlans fell In love with the
delicate refinement and beauty and today Oearwater and Florida occupy a unIque position In the Intematlonal
resurgence of Interest In thIs andent art form.
fascination with creating In small scale has been In evidence In many of the World's civilizations. Andent Greeks
adorned their walls with small murals while coins and rings often bore engraved portraits. In the Middle Ag es It was
common f~ monks to embellish manuscript pages with deHcate inumlnatIons and to border them with I red lead
pigment called "mlnlum", from which "miniature" later evolved.
Miniature portralts. as we commonly know them, had their begInnings In 1 6th century England. A very personalized
form of art.- the paintings were done In watercolor on vellum, later Ivory. Easily carried In pocket or l~ they served
much as ~all photographs do today.
The invention of photography 150 years ago had a devastating Impact on miniature portraiture.
"However, the love of creating and enjoying miniature art did not die," pointed out Wensley. "it has witnessed one revival
early in the 20th century and Is currenlly undergoing a further resurgence of Interest among artists and collectors. I
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-Miniature a~ today, In America and elsewhere, Is reaching out far beyond the portrait field, exploring a wide variety
. of medl~. sty\es, sublects,~ l;eChnIques.Artlstsareex~g theexdtlng challengeofaeatlng'n IlWe'..Wensley
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The coJJector Is exdted as well because he can acqulre a variety of original fine art from artists of lnt.ematlcnal aroalm
at an affordable pric~ and he: doesn't need . galll!f)'-sfze room. for their display. WOI1cs on view may be porchas<<f,
but wlll.feI'!'aln h~lng 101: the duration ~the show whlch runs through Febnwy 9." '. .', '. '. ,,'; ~
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Founded In 1914 and boastJng 400 members worId.w1de.the Sodety Is one of the malor non-profit miniature art
groups In the country. It has recently produced . video. 'T1melcss Treasures', covering the history and aJl'Tent
developments in miniature art. It Is made available for non-profit educational uses and will be shown during the
exhlb{L
The exhibit will be officially opened following the invitational Awards Brunch at the Belleview Mldo January 26 by
Wensley. Mayor Rita Carvey and Mrs. June Baumgardner Gelbart, sponsor for the Show's top awan:!. The Show Is
, free to the publrc dally from 10:00 a.m.. 8:00 p.m.. and Sundays 12:00 p.m. - 8:00 p.rn.through February 9. The
B.eUevlew Mldo Is located at 25 Bellevfew Boul~ard, Bellea1r.
For further Infonnatlon:
Charles W. Curtis
(813) 796-3240
Alma WensJey
(81 3) 58a..256-4
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Clearwater City Commission
Agenda Cover Memorandum
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SUBJECT:
· Petition for Annexation and Zoning Atlas Amendment for 2121 Calumet Street; Owner{s):
Chester Buettner & Carl E. Kinkead (A 96-28)
RECOMMENDA liON/MOTION:
· Approve the Petition for Annexation and Zoning Atlas Amendment to Limited Industrial (IL)
for Clearwater Industrial Park, part of Lot 17, together with the abutting rlght-ot-way ot
Calumet Street, and pass Ordinances NO. 6112-97 and 6113-97 on first reading.
lEI and that the appropriate officials be authorized to execute same.
, SUMMARY:
PROPOSED ZONING AND FUTURE LAND USE
PROPOSED ZONING DISTRICT
PROPOSED FUTURE LAND USE CLASSIFICATION
Limited Industrial (lL)
Not applicable
REASON FOR REQUEST
· Sewer service
ASSEsseD VALUE OF SUBJECT PROPERTY
$ 105,900.00
RevIewed by: 1'~:~~"':"",.<~H'(f.,~',"~'W<$>;:,. ~,~JrQ,!,~alj~g..,I?~P!!J;tr.'~ryl: '..... ',:",:"..,":
Legal ,~:::',?::i~m N,A!'(.;-,:,;;:~'{,:', :t:~;!~>;;CeN.T.RI.\j,;::,p li!JIMllTl NG,{,=:: ,'X;:,
Budget b:;~W<:\;~~NfA;;~~;~:t~:;'n ~7
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Cost.:
Current FI.cal Veer
Comml..lon Action:
o Approved
o Approved with Conditions
o Cenled
o Continuod lo:
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Total
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Advertloed:
Funding Source:
o Capital
ImprovlImont:
CI
Oparatlng:
CI
Othor:
-IY!Y
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o Not Requlrod
Aft_ctod Partlel
o Notified
o Not Required
:~,:;: :'!,::i:.:,,:',;::: :i}t;!~'i;S::::;:::: A ttflchme nt.:
ORDINANCES NO. 6112.97
& 6113.97
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A 96-28
Page 2
Pertinent Information concerning the request Is summarized in the tables below.
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING
PROPERTIES
LOCATION IN CITY OR FUTURE LAND USE PLAN ZONING ACTUAL USE
COUNTY CATEGORY
Subject County Industrial Limited M-J Light manufacturing &
Prooerty industry
North City Industrial Limited IL Limited industry
South County Industrial Limited M-I Light manufacturing &
industry
East City Industrial Limited IL Limited industry
West County Industrial Limited M-I Light manufacturing &
industry
ZONING RESTRICTIONS
DESCRIPTION l:;i:t~~i: !:;~;';;;~:\!':~:JH:~:;i:[;;t~~;Vf,~~~f!;i,::~i;~ii,!:::~l,:{:[~:f1:;~;:::/'ffl{: EXI STING
"REQUiREMENTS.......,..",,, ," ,...,'"..,
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Density rNl~j~it8~t~lf~t~~j\~+(\~:t;Ji~~~:;.\jl.t~\t.~:<~~ r~\)~: N/A
Lot Area !~2"O;:OOO}sai:{ffSmin rAt::/>/\;(,JL:::: 37, 500 SQ. ft. m.o. I .
Lot Width at setback line f!l::OO}1eetlinlhfri:hJm/:\',~';,\,y:,<:),,:\'::l: 1 50 feet
Depth jfOO{feeifminlmUm:::\/:::::/,\:,';';:;"::,:i> 250 feet
Floor Area Ratio :i:OY15?ma'j(jmu"fff::: :;/:,::;/,(/L'~::::i'(;::':;:::," N/A
· The Planning and Zoning Board held a public hearing on this application on December 17, 1996 after which
they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Limited Industrial
(lL) to the City Commission.
OTHER REQUIRED REVIEWS
YES NO
AGENCY
Pinellas Planning Council/Countywide Planning Authority X
.
Florida Deoartment of Community Affairs X
. ABBREVIATIONS: M-l = Light Manufacturing & Industrial District (County) & IL= Limited Industrial
District (City).
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PETITION FOR ANNEXATION
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City Commission
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618
IIE<<;IEH\WrE~
NOV 1 9 1996 WJ
Commissioners:
CENTRAL PERMnTIN~
CITY OF CLE.J\""','\I.:..~
We, the undersigned, being all owners of the described real property,
contiguous to the present boundaries of the City of Clearwater, and situated in an
unincorporated area ~f Plnellas County, Florida, do hereby request that said
property be annexed Into the corporate limits of the City of Clearwater, Florida.
,
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We hereby further request that said property be zoned and classified under
the Zonipg Ordinance of the City of c,elwater, as set forth on the following page.
Attached hereto is a current su vay of the described property, (if it is
unplatted), together with a certificate of'titie from a title company, a copy of the
deed or a letter from a licensed attorney setting forth the names of all persons,
firms or corporations owning any interest In the described property.
The undersigned have been advised of, understand and In consideration of
the annexation, utility services, and other good and valuable consideration, do
hereby agree and covenant as follows:
1) All structures and improvements Which are erected upon said property
subsequent to the data of this petition for annexation shall comply with all
. applicable City' of C.learwater regulations and ordinances as set forth in the City
Code of Ordinances;
2) To convey such recreation land, recreation facilities and open space rand
dedication and/or fees in the amount and manner prescribed by Division 2 and
3, Chapter 116, Article IV of the Clearwater Code of Ordinances; and
3) When any substandard abutting street or utilities are subsequently upgraded by
the City to meet City Standards, said improvement(s) will be done on an
assessment basis, consistent with City procedures therefore.
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We, the undersigned hereby certify that we have read and examined all of
the statements and allegations in the foregoing Petition Including attachments and
after being duly sworn, deposed' and 'say that such statements are correct,
complete and true and voluntarily made with full knowledge thereof.
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STATE OF FLORIDA J
COUNTY OF PINELLAS )
'Subscribed and sworn ~o before me this 1e3771 day of Ala V6n~, 19 9k
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Notary Public (/
My Commission Expire:s:
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DISTRIBUTION: '
Or1g1nal - City Clerk
Copy - Legal Dept.
Copy. Contral Permitting Dept.
1<< .:=-=-
* * ~NoY.22.1OQS
, 9ondod by ANa
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PROPOSED ANNEXATION
AND ZONING
OWNER: Buettner, C. R. & Kinkead, C. E. A: 96-28
.
ADDRESS: 2121 Calumet St PROPERTY DESCRIPTION: Clearwater Industrial Park,
part Lot 17
LAND USE PLAN ZONING
COUNTY: Industria' Umited M-l
CITY: Industrial Umited IL
8CRE~: 0.86
RIGHT-of.WA Y: ....... ACRES: 0.20
ATLAS PAGE: 262B SEe: 01 TWP: 29 S RGE: 15 E
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ORDINANCE NO. 6112-97
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED AT 2121
CALUMET STREET. CONSISTING OF THE EAST 152 FEET OF
WEST 300 FEET OF NORTH 250 FEET OF LOT 17.
CLEARWATER INDUSTRIAL PARK. TOGETHER WITH THE
ABUlTlNG RIGHT..QF-WAY OF CALUMET STREET. INTO THE
CORPORATE LIMITS OF THE CITY. AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS. the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes. and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWA TER1 FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
The East 152 feet of West 300 feet of North 250 feet of Lot 17, Clearwater
Industrial Park. according to the map or plat thereof as recorded in Plat Book
44, Page 46, public records of Pinellas County. Florida, together with the
abutting right-of-way of Calumet Street. (A96-28)
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 easements1 parks, rights-of-way and other dedications to the public which have
heretofore been made by plat. deed or user within the annexed property. The City Engineer, the
City Clerk and the Central Permitting Director are directed to include and show the property
described herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, Including the map attached hereto. with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida. within 7 days after
adoption. and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor~Commissioner
Attest:
Cynthia E. Goudeau. City Clerk
OrdInance No, 6112.97
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PROPOSED ANNEXATION
AND ZONING
OWNER:
Buettner, C. R. & Kinkead, C. E.
A:.9.2..:2.e.
ADDRESS:
21 21 Calumet St
PROPERTY DESCRIPTION:
Clearwater Industrial Park,
part Lot 17
COUNTY:
CITY:
Industrial Umited
Industrial Umited
ZONING
M-1
IL
LAND USE PLAN
A nAS PAGE: 262B
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/PLANNjNG"A~D'~ONING"BOJ\FiD':: " "Dec'''17~'1996
ACRES: 0.86
RIGHT-af-WAY: o. ..... ACRES: 0.20
SEC: 01 TWP: 29 S RGE: 15 E
" erN eOMNlIssioN: "J~n'.9~ "997 ,'.'
EXHIBIT A
Ordinance 6112-97
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ORDINANCE NO. 6113-97
I,
AN ORDINANCE OF THE CIll' OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT' 2121 CALUMET
STREET, CONSISTING OF THE EAST 152 FEET OF WEST 300
FEET OF NORTH 250 FEET OF LOT 17, CLEARWATER
INDUSTRIAL PARK, TOGETHER WITH THE ABUTTING RIGHT-
OF-WAY OF CALUMET STREET, UPON ANNEXATION INTO
THE CIll' OF CLEARWATER, AS LIMITED INDUSTRIAL (Il);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth In this ordinance
Is found to be reasonable, proper and appropriate, and Is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CllY COMMISSION OF THE CllY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located In Pinellas County, Florida, Is hereby
zoned as Indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
The East 152 feet of West 300 feet of North
250 feet of Lot 17, Clearwater Industrial Park,
according to the map or plat thereof as recorded
in Plat Book 44, Page 46. public records of
Pine lias County, Florida, together with the abutting
right-of-way of Calumet Street. (A96-28)
Zoning District
Limited Industrial - IL
....'
paction 2. The Central Permitting Director is directed to revise the zoning alias 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. 6112-96.
PASSED ON FIRST READING
"
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
CynthIa E. Goudeau, City Clerk
OrdlDan~. No. '113-97
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PROPOSED ANNEXATION
AND ZONING
OWNER: Buettner, C. R. & Kinkead, C. E. A:~
;
ADDRESS: 2121 Calumet 5t PROPERTY DESCRIPTION: Clearwater Industrial Park, I
. part lot 1 7 I
LAND USE PLAN ZONING I
COUNTY: Industrial Limited M~l I
CITY: Industrial Limited Il I
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ATLAS PAGE: 2628
FpLANN'fr,iG/ANO"'ziiN'I'N'G':'eOA:RO;: :,' De~ ,17>:1996 "
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RIGHT-a'-WAY: ....... ACRES: 0.20
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erN "COMMissioN: Jan 9. i 997
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Ordinance 61r~97
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Clearwater City Commission
Agenda Cover Memorandum
9 Me"ln:'::,:: [c~~~~f;;~~"~
SUBJECT:
· Petition for Annexation and Zoning Atlas Amendment for 1310 North Hercules Avenue and
1965, 1979 & 1985 Carroll Street; Owner{s): James T. Walker & Margaret Word/Metal
Industries, Inc. (A 96-29)
, RECOMMENDATION/MOTION:
· Approve the Petition for Annexation and Zoning Atlas Amendment to limited Industrial (ILl
for Lots 33-35 and 37~39 Hercules Industrial Park, and the East 500 feet of the North 300
feet of Tract A Replat of Blocks 1-19, Marymont Subdivision, together with the abutting
vacated right-of-way of Overlea Street, and pass Ordinances NO. 6114-97 and 6115-97 on
first reading.
l!I and that the appropriate officials be authorized to execute same.
SUMMARY:
PROPOSED ZONING AND FUTURE LAND USE
PROPOSED ZONING DISTRICT
PROPOSED FUTURE LAND USE CLASSIFICATION
Limited Industrial (IL)
Not applicable
REASON FOR REQUEST
· Sewer service
ASSESSED VALUE OF SUBJECT PROPERTY
$ 1,416,300.00 (combined lots)
RevIewed by: ,,~,,>,.'~m, ">'>"~'"....."v.." "H!!~I,r:',II~Il),g}?,~p~~m~,,:,.~; ,..,.,' ,..'..~.,H..,
B~::~ ;~~~?;~ ~~;~:;~;;~ @;:tM~etrrRA.0fSMll1m,G.r;:'::f~:::
Puroheslng ?;,&;,':W',N'A~{~\~':N{ Uoer Dlp-artment:
Risk M gmt. ~;~:::.:~W~::;;/:fNI A:~:~;':~':~~~;:.?~~ j:~I1:~l?f.~fJ~~gJ~~~~?!~\:fgf:tt:~tX;~:t(3!~?-~/;~;I~~:t:
IS ::;<'''.',hA{iN/AtUiY'.if
COlta:
Cumlnt FI.e.) Year
Comml..lon Action:
D Approved
D Approvld with Conditions
D Denied
o Contlnulld to:
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Total
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Advortlnd:
Funding Source:
[J Capltlll
Imp rOl/eme nt:
0'
Operattnll:
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Attechment.:
Submitted by:
City /ilr~
o Prlntod on recycled Pllpe,
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[J Not Raqulrod
Affected Partl..
o Notified
[J Not Ruqulred
ORDINANCES NO. 8114.97
& 8116-96
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A 96-29
Page 2
Pertinent information concerning the request is summarized in the tables below.
EXISTING ZONING AND FUTURE LAND USE OF APPLICANT'S AND SURROUNDING
PROPERTIES
LOCA TlON IN CITY OR FUTURE LAND USE PLAN ZONING ACTUAL USE
COUNTY CATEGORY
Subject , County Industrial General/Industrial M-I Light manufacturing &
Property Limited industry
North County Industrial General/Industrial M-I Light manufacturing &
limited industry
South City Industrial Limited IL Limited industry
East City Industrial limited IL Limited industrv
West County/City Industrial General/Industrial M-I/IL Light manufacturing &
Limited industry & limited
industrv
ZONING RESTRICTIONS
DESCRIPTIO N ~;0j1~);:;~i:~1~j~j:aMf:f~j,j:;;~~:~::ijJ.~tj::t\:;:t'0~~'jj~~f:::!;:;:j;~:~::'(.:i, EXISTING
"REQUIREMENTS.., ',',........ .. ........"
. . ..................
Densitv ;jN/Atff[!.:;iStNM:i~}i\::J:/}:;\:;~:X(L::;;:-?:{:\::::::/~, N/A
Lot Area J20;dO()Xsh'W'fE::::miri'P~i\::,):'i>,':::/::;::; 237, 838 SQ. ft. m.o .I. (combined lots)
Lot Width at setback Hne Al:t)O'1fe'et'::'mi nih,Urii)>>D\,:}}}:,::/}','.\ 457 feet (average)
Depth :t.l:00{feef?ffii nimLlfri?}(;;~:,;:::'i-/:'~}t<:;;;:,': 520 feet (average)
Floor Area Ratio {()}7.5.!::rifaximum;}:t::[;l:;:;;::;~.'f};JF:\(::::::::': N/A
II The Planning and Zoning Board held a public hearing on this application on December 17, 1996 after which
they unanimously endorsed the proposed Annexation and Zoning Atlas Amendment to Limited Industrial
(lL) to the City Commission.
OTHER REQUIRED REVIEWS
YES NO
AGENCY
Pinellas Planning Council/Countywide Plannina Authoritv X
Florida Department of Community Affairs X
· ABBREVIATIONS: Mwl= Light Manufacturing & Industrial District (County) & IL = Limited Industrial
District (City).
2)
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PETITION FOR ANNEXATION
City Commission
City of Clearwater
P.O. Box 4748
Clearwater, FL 34618
Illi~~~; ;~}~ID
CENTRAL PER:,:ITTING
CITY OF CLEAHV/A TER
Commissioners:
We, the undersigned, being all owners of the described real property,
contiguous to the present boundaries of the City of Clearwater, and situated in an
unincorporated area of Pine lias County, Florida, do hereby request that said
property be annexed Into the corporate limits of the City of Clearwater, Florida.
We hereby further request that said property be zoned and classified under ,
the Zoning Ordinance of the City of Clearwater, as set forth on the following page.
, ' :
" ,
Attached hereto is a current' survey of the described property, (if it is
unplatted), together with a certificate of title from a title company, a copy of the
deed or a letter from a licensed attorney setting forth the names of aU persons,
firms or corporations owning any interest in the described property.
The undersigned have been advised of, understand and in consideration of
the annexation, utility services, and other good and valuable consideration, do
hereby agree and covenant as follows:
1) AU structures and Improvements which are erected upon said property
subsequent to the date of this petition fer annexation shall comply with all
applicable City of Clearwater regulations and ordinances as set forth in the City
Code of Ordinances;
...
, 2) To convey such recreation Jand, recreation facilities and open space land
dedication and/or fees in the amount and manner prescribed by Division 2 and
3, Chapter 116, Article IV of the Clearwater Code of Ordinances; and
3) When any substandard abutting street or utilities are subsequently upgraded by
the City to meet City Standards, said improvement(s) will be done on an
assessment basis, consistent with City procedures therefore.
, I
:.:__.::_.~.::...~:~... ....,~~. '......1.......,.,.. ., . ..
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. We, the undersigned hereby certify that we have read and examined all of
the statements and allegatto~s In the foregoing Petition Including attachments and
after being dulV sworn, deposed andsav that such statements are correct,
complete and true and voluntarily made,with full knowledge thereof.
~. '.
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Nargaret Word
(, )A~ },.t~~ ~~~
James T. Walker
..1.
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STATE OF FLORIDA )
COUNTY OF PINELlAS )
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Su'bscribed and 's'worn to before me this . j l/(.. day of
~""""\\,,\.........\''''\\...\\\\,\'''''\\\'''''''\W, '
) ~~\""ll Helen M, CQbb ':
... ~ Noary Pu~lic. s~~. or Florida ' :
) ~ r,p CommimonNo.CCJ72916 "
) 0, ~fi'" My CommlniDll Expires 06.'0119 '.
: I.allO-HlOTAlY.I1&.~ScrriotA~Co. .otary Public : ~
. ,,,,,((((((((((((((,,,,t<<((((t<<((,,((,,(,,((((, Y Commission Exp ires j .
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DISTRIBUTION: ,
, Original ~, City Clerk
Copy. Legal Dept.
Copy ~ Cential Permitting Dept.
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Co~tiguous property addresses f~r
1310 North Hercules Avenue~
, \965 Carroll Street ~~
i979 Carroll Stree~
1985 Carroll Street~
annexation:
Contingent on approval of sewer hook-up.
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PROPOSED ANNEXATION
AND ZONING
OWNER: WalkerlMetallndustries/Word. A:~
ADDRESS: 1310 N. Hercules Av PROPERTY DESCRIPTION: Hercules Industrial Park, Lot
33-35, 37-39 and Marymont
Replst, part Tract A and
vacated street
LAND USE PLAN ZONING
COUNTY: Ind Gen & Ind ltd M-1
CITY: Ind Gen & Ind ltd IL
ACRES: 5.46
RIGHT.of.WAY: ACRES:
ATLAS PAGE:271A SEe: 12 TWP: 29 S RGE: 1S E
, pLAN NINO' AND ZONINO BOARD: Dee 17. 1996 .. .CITY COMMISSION: Jan 9. 1997
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ORDINANCE NO. 6114-97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED EAST OF
ARCTURUS AVENUE AND NORTH OF GRAND AVENUE
CONSISTING OF lOTS 33-35 AND 37-39 HERCULES
INDUSTRIAL PARK. AND THE EAST 500 FEET OF THE NORTH
300 FEET OF TRACT A REPLAT OF BLOCKS 1-19, MARYMONT
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1310
HERCULES AVENUE AND 1965, 1979 AND 1985 CARROLL
STREET, TOGETHER WITH THE ABUTTING VACATED RIGHT-
OF-WAY OF OVERLEA STREET. INTO THE CORPORATE
LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY
LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING
AN EFFECTIVE DATE.
i .'
WHEREAS. the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property Into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law In connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City ara redefined accordingly:
See Exhibit B attached, (A96-29 ")
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, rightsooOf-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 Pine lias 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 READJNG
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commlssioner
Attest:
Cynthia E. Goudeau, City Clerk
OrdinaneB NQ. 6114-97
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PROPOSED ANNEXATION
AND ZONING
OWNER: Walker/MetallndustrlesIWord. A:~
ADDRESS: 1310 N. HerculesAv PROPERTY DESCRIPTION: Hercules Industrial Palt, Lot
33-35, 37-39 and Marymont
Replst, part Tract A and
vacaled street
LAND USE PLAN ?ONINq
COUNTY: rnd Gen & rnd LCd M-1
CITY: lnd Gcn & Ind LId IL
ACRES: 5.46
RIGHT-or-WAY: ACRES:
ATLAS PAGE:271A SEC: 12 TWP: 29 S RGE: 15 e
: p',LANNJNO'AND ZONING BOARD: Dee 17. 1996 . · CITY COMMISSION: Jan 9. 1997
EXHIBIT A
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Ordinance 6114-97
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LEGAL DESCRIPTION
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Lots 33-35 and 37-39, Hercules Industrial Park, according to the map or
'plat thereof as recorded in Plat Book 53; Page 57, public records of
, Plnellas County, Florida.
and
: The'East 500 feet of the North 300 feet of Tract A of the Replat of Blocks
, 1 through 19, inclusive, of Marymont Subdivision. aCCOrding to the map
or, plat thereof in Plat Book 39,' Page 31" public records of Plnellas
,County, Florida.' together with the, abutting vacated right-of-way of
Overlea Street. '.
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Ordinance No. 6114.91
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ORDINANCE NO. 6115-97
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED EAST OF ARCTURUS
AVENUE AND NORTH OF GRAND AVENUE, CONSISTING OF
LOTS 33-35 AND 37-39 HERCULES INDUSTRIAL PARK, AND
THE EAST 500 FEET OF THE NORTH 300 FEET OF TRACT A
REPLAT OF BLOCKS 1-19, MARYMONT SUBDIVISION, WHOSE
POST OFFICE ADDRESS IS 1310 HERCULES AVENUE AND
, 1965, 1979 AND 1985 CARROLL STREET. TOGETHER WITH
THE ABUTTING VACATED RIGHT-OF-WAY OF OVERLEA
STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER. AS LIMITED INDUSTRIAL (IL); PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth In this ordinance
is found to be reasonable, proper and appropriate. and is consistent with the City's comprehensive
plan; now, therefore,
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BE IT ORDAINED BY THE CITY COMMISSION OF THE CllY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in PinelJas County, Florida, Is hereby
zoned as Indicated upon annexation Into the City of Clearwater, and the zoning atlas of the City Is
amended, as follows:
Property ,
See Exhibit A attached. (A96-29)
Zoning Di~
Limited Industrial (IL)
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Section 2. The Central Pennitting Director Is directed to revise the zoning atlas of the City
In accordance with the foregoing amendment.
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Section 3. This ordinance shall take effect immediately upon adoptlont subject to the
adoption of Ordinance No. 6114-97.
':
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL '
READING AND ADOPTED
Rita Garvey, Mayor-Commlssioner
Attest:
Cynthia E. Goudeau. City Clerk
OrdJDaDe. Ko.'115-'7
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LEGAL DESCRIPTION
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Lots 33-35 and 37-39, Hercules Industrial Park, according to the map or
'plat'thereof as recorded in Plat Book 53, Page 57, public records of
Pinellas County, Florida. .
, and
. The East 500 feet of the North 300 feet of Tract A of the Replat of Blocks
, ,',1,through 19. inclusive, of Marymont Subdivision, according to the map
. or plat thereof in Plat Book 39, Page 31, public records of Pinellas
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, Overfea Street.
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Ordlnenc~ N~. 6115.97
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PROPOSED ANNEXATION
AND ZONING
OWNER: WalkerlMelaJ Indus1rfesIWord. A:~
ADDRESS: 1310 N. HerculesAv pROPERTY DESCRIPTIO~: Hercules Industrial Park; Lot
33.35, 37~39 and Marymont
Replat, part Tract A and
vacated slreet
LAND USE PL{\~ ZONING
COUNTY: rnd Gen & Ind l1d M~l ..
CITY: lnd Gen & Ind LId I, , , ' ',d",
IL .. ,
ACRES: 5.46
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RIGHT .0 (-WA Y: i ACRES: ' ,
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ATLAS PAGE:271A SEC: 121WP: 29 S RGE: 15 E :
.~ PlANNING AND ZONING BOARD: .. . ' . ,
Dee 11, 1996 CITY COMMISSION: Jan ,$. 1997 , 0" ' !
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Ordinnnce 6115-97
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ORDINANCE NO. 6106-96
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AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE LAND DEVELOPMENT
CODE; AMENDING SECTIONS 35.11, 40.033, 40.042, 40.063, ,
40.083,40.103, 40.123,40.133,40.143, 40.163, 40.183, 40.203,
40.223, 40.243, 40.283, 40.303, 40.543, CODE OF
ORDINANCES, TO DEFINE PUBUC EDUCA nON
FACILITIES AND TO ALLOW PUBUC EDUCATION
FACILITIES AS A PERMITTED USE IN THE SINGLE-
FAMll.Y RESIDENTIAL "ONE" DISTRICT, SINGLE-FAMll..Y
RESIDENTIAL "TWO" DISTRICT , SINGLE-FAMILY
RESIDENTIAL "FOUR" DISTRICT, SINGLE-FAMILY
RESIDENTIAL "SIX" DISTRICT , SINGLE-FAMILY
RESIDENTIAL, "EIGHT" DISTRICT, MULTIPLE-FAMD..Y
RESIDENTIAL "EIGHT" DISTRICT, MULTIPLE-FAMILY
RESIDENTIAL "TEN" DISTRICT, MULTIPLE-FAMILY
RESIDENTIAL "TWELVE" DISTRICT, MULTIPLE-FAMILY
RESIDENTIAL "SIXTEEN" DISTRICT, MULTIPLE-FAMILY
RESIDENTIAL "TWENTY" DISTRICT , MULTIPLE-FAMILY
RESIDENTIAL "TWENTY-FOUR", DISTRICT, MULTIPLE-
,FAMll..Y RESIDENTIAL "TWENTY-EIGHT" DISTRICT,
MOBILE HOME PARK DISTRICT, LTh1ITED OFFICE
DISTRICT, GENERAL OFFICE DISTRICT, AND
PUBUC/SEMIPUBUC. DISTRICT; PROVIDING AN
EFFECTIVE DATE.
;,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Section 35.11, Code of Ordinances, is amended to read:
,Sec. 35.11. nermitions.
\0
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:
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Public education facilities means elementary schools. special education facilities.
alternative education facilities, middle schools. hiih schools and area vocation-technical school&
of the Pinellas County School District. '
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Ordinance No. 6106-96
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Sec. 40.033. Permitted uses.
Within Single-Family Residential "One" Districts, only the following uses (and structures
designed for such uses) shall be pennitted:
...
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(4) Public education facilities. sullject to compatibility and consistel1GY with the City's
Comprehensive Plan in coordination with the Pinellas County School Distri~..
Sec. 40.042. Pennitted uses.
Within single family residential 2 districts, only the following uses and stnlctures
desigtled for such uses shall be pennitted:
.
...
111
...
...
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'(4) 'Public education facilities. suQject to compatibility and consistency with the City's
Comprehensive Plan in coordination with the Pinellas County School DistrictL
Sec.40.063. Permitted useS.
Within single-family residential 4 districts, only the following uses and structures
designed for such uses shall be permitted:
...
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, (4) Public education facilities. subject to compatibility and consistency with the City's
Comprehensive Plan in coordination with the Pinellas County SchQ.OI District.
Sec. 40.083. Permitted uses.
Within single. family residential 6 districts, only the following uses and structures
designed for such uses shall be permitted:
lie
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(4) Public education facilities. subject to compatibility and consistency with the City's
Comprehensive Plan in coordination with the Pinellas County School District.
ORDINANCE NO. 6106-96
2
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Sec. 40.103. Pennltted uses.
\Vithin single-family residential 8 districts, only the following uses and structures
designed for such uses shall be permitted:
.
...
...
...
.
(4) Public education facilities~ subject to compatibility and consistency with the Ci~'s
Comprehensive Plan in coordination with the PineUas County School District.
Sec. 40.123. Permitted uses.
, Within multiple-family residential 8 districts, only the following uses and structures
'designed for such uses shall be permitted:
*
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(9) Public education facilities, subject to compatibility and consistency with the City's
Comprehe.osive Plan in coordination with the Pin~)Jas County School Distri~t...
Sec. 40.133. Permitted uses.
Within Multiple-Family Residential "Ten" Districts, only the following uses (and
structures desigiled for such uses) shall be permitted:
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(9) Public education facilities. subject to compatibility and consistency with the City's
Comprehensive Plan in coordination with the Pinellas County School District.
Sec. 40.143. Permitted uses.
Within multiple-family residential 12 districts, only the fonowing uses and structures
designed for such uses shall'be permitted.
.
...
...
...
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(9) Public education facilities. subject to compatibility and consi&teIlGY with the City's
COlnprehensjve Plan in coordirultion with the Pinellas County School Distric.t.
ORDINANCE NO. 6106-96
3
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Sec. 40.163. Pennitted uses.
Within multiple.ramily residential 16 districts, only the following uses and structures
designed for such uses shall be pennitted:
.
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.
(10) Public education facilities. subject to compatibility and consistency with the City's
Comprehensive Plan in coordination with the Pinellas County School District.
Sec. 40.183. Pennitted uses.
Within multiple.family residential 20 districts, only the following uses and structures
designed f~r such uses shall be pennitted:
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(10) Public education facilities. subject to compatibility and consi!;ten~ with the Ci(y's
Comprehensive Plan in coordination with the Pinel1as County School Distri~t,
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Sec. 40.203. Permitted uses.
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Within muItiple.family residential 24 districts, only the following uses and structures
designed for such uses shall be pennitted:
.
...
...
.
.
(10) Public education faciJitiesr subject to compatibility and consistency with the City's
Comprehensive Plan in coordination with the Pinellas County School DistriGt;
Sec. 40.223. Permitted uses.
Within multiple-family residential 28 districts, only the following uses and structures
designed for such uses shall be permitted: '
.
.
lit
...
.
(10) Public education facilities. subject to compatibility and consistency with the City's
Comprehensive Plnn in coordination with tbe Pinel1as County School District.
ORDINANCE NO. 6106-96
4
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Sec. 40.243. Permitted uses.
Within mobUe home park districts, only the following uses shall be pennitted;
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(6) Public education facilities, suQject to compatibility and consistency with the City's
Comprehensive Plan in coordination with the PincHes County School District..
Sec. 40.283. Permitted uses.
, Within limited office districts, only the following uses and structures designed for such
. uses shall be pennitted:
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.
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(15) Public education facilities. subject to compatibility and consistency with the City's
Comprehensive Plan in coordination with the PinelIas County School District.
Sec. 40.303. Permitted uses.
Within general office distdcts, only the following uses and structures designed for such
uses shall be permitted:
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(11) Public education facilities. subject to compatibility and conc;istency with the City's
Comprehensive Plan in coordination with the PineUas County School DjstriG1..
Sec. 40.543. Permitted uses.
Within public/semipublic districts, only the following uses and structures designed for
such uses shall be penmtted:
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(15) Public education facilities, subject to compatibility and consistency with the City's
COl)1prehensive Plan in coordination with the Pinellas County School Distric.t.
Section 2. The provisions of this ordinance are found and determined to be, consistent
with the City of Clearwater Comprehensive Plan~
ORDINANCE NO. 6106-96
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Section 3. This ordinance shall take effect immediately upon adoption.
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PASSED ,ON FIRST READING
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FINAL READING AND ADOPtED
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ne~ember 5. 1996
Rita Garvey, Mayor-Conunissioner
Attest:
Cynthia E. Goudeau, City Clerk
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ORDINANCE NO. 6106-96
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
\ \ Meeting Dale
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SUBJECT:
Acquisition of real property for an, economic development project
RECOMMENDATION/MOTION:
Approve a contract to purchase a vacant parcel described as the South 1/2 of Lot 31,
PALM PARK (ADDITION TO CLEARWATER), in the amount of up to $35,000.00 from Raymon
Curtis et a1 plus expenses for appriasal ($1,500), environmental assessment ($2,400)
and title search ($75) for a total cost of $38,975.00.
, [g] and that the appropriate officials be authorized to execute same,
SUMMARY:
As part of the overall strategy to improve the living and working environment in the
North Greenwood Area, the City of Clearwater Economic Development request finding to
purchase the vacant parcel listed above for a district wide parking area. The property
is located at the Southwest corner of North Greenwood Avenue and contains approximately
14,250 square feet of land and is appraised at $35,000.00. In Addition to the
acquisition cost, other expenses were paid. They include $1,500 for an appraisal,
" $2,400 for a Phase 1 and Phase 2 environmental report and $75. for a title search for a
total of $3,975.
The 1995-96 fiscal year CIP budget was approved by the City of Clearwater Commission
to app'ropriate funds for the "District Parking Plan". The "Program" allotted $100,000
for the development of parking lots in the North Greenwood Avenue of Clearwater which
will ben~fit the commercial businesses on or near the Greenwood commercial corridor.
Funding is availabl,e for this purchase in project 315-94745, "District Parking Plan".
The parking lot will cost approximately $65,000.
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n.wwed by:
Orlglnl;~ Dtpt.
Budget
U.er Dopt,
: Putchulno NA
, Rllk Mgmt.
NA
AdvertIsed:
IS
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ENQ.
OTHER
Submitted ~:
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Date:
Paper:
Not roqulred:
NA
Aflected portles
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CIty Menagor
Not Roqulred
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: RAYBON RAYMOND CURTIS, ALVIN G, CUATlS, JR. end ALVENA L. CURTIS (heroin
"Seller"l. of 3618 Broad Oak Drive, Charlotte, North Carolina 28273, Phone: (704) 688.9760, and the
CITY OF CLEARWATER, FLORIDA, a MunIcIpal Corporation of the State of Florida (herein "Buyer. or .City"1
of P. O. Box 4748, Clearwater, Florida 34618.4748, ATTENTION: Alan J. Ferri, Director of Economic
Development, Phone: 1813) 462-6882 Icollectlvely .Partles.1 hereby agree that the Seller shall sell and
Buyer shall buy the following real property ("Real Property"1 and personal property ("Personalty"1
(collectively "Property"1 upon the following terms 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.
TImo periods of 6 days or less shell be computed without Including SeturdllY, Sunday, or notional
leglll honday. and any time period ending on a SlIturday, Sunday or national legal holiday shall be
Dxtended until 6:00 P.M. of the next buslnus dllY.
1. 'PROPERTY DESCRIPTlO~
LEGAL DESCRIPTION: Tho South 1/2 of Lot 31. PALM PARK IADDITION TO CLEARWATER)
according to the map or plat thereof os recordod in Plat Book 4, Page 86 of
the Public Records of Hillsborough County of which Pinel/as was formerly a
part.
STREET ADDRESS ICitylZlp/Statel: SW Cornor of Greenwood Avenue and Palm Bluff Street,
Clearwater, Florida 34615
2. fUll PURCHASE PRiCE.................................................................................................. $ 35,000.00
3.
MANNER OF PAYMEN!:
City of Clearwater check in U.S.
funds at tIme of clOsing ................................................. $ 35,000.00
4. DETERMINATION OF PURCHASE PRICE
The Full Purchase Price as shown herein has been reached through negotiations with the Seller by
City staff acting as Agent of the City. The Price ir based on:
a.
IXI
Appraisal of the real property performed for the buyer by a Florida certlfted real estate
appraiser. The market value of the Real Property's fee simple interest was determined
to be $ 35,000,00 by Appraisal Associates of Tampa Boy, Inc. on August 26, 1996
b.
[X)
Additional appraisals: '
$ 35,000.00. November 19. 1996 by Sawyer Realty Group, Jnc., Mark G. Sawyer,
MAl. for buyer.
c.
I )
Merket value estimate prepared by City staff based on analysis of recent comparable
real estate transactions.
6, J1ME FOR ACCEPTANCE: APPROV4LS
Following execution of this contract by Buyer. the price, terms and conditions as contained hereIn
shall remaIn unchanged and be held unconditionally open lor a periOd of forty-five 1461 days following
delivery in duplicate original to Alan J. Ferri, DIrector of Economic Development of the City of Clearwater for
acceptance and approval. counter-ofter. or refection by actIon 01 the Clearwater CIty Commission
I"Commlstlon-j, If this :.lgreoml!nt Is acc~p\ed 31ld appr(\ved b',' the COlTlmissit>n,1t will bo e~ecuted by dulV
authorb:ed City officials and delivered to Buyer withIn ten 110) days thereafter. If a counter-offer Is approved
by the CommIssion. It shall be dollvered to Seller In \'Jritln~ within ten (101 days of such action by tho City
CommissIon. and Seller shall have ten (101 days thereafter to deliver to Buyer written notice of acceptance
or rejection of such counter-offer. If written notico of acceptance is not timely delivered, or If the COllnter-
offer Is rejected by Sellar, this contract sholl thereafter be null and void In all respects. If this contract Is
rejected by the Commission upon Initial presentatIon to the CommIssion, this contract shall be null and void
In 011 respects and Buyer shall be so inlormed in writing within five 161 days of such action.
6. J:lIl.f
'Seller warrants legal capacity to and shall convey marketable title to the Proporty by Stotutory
Warranty, Trustee's. Personal Representative's or Guardian's Doed, as appropriate to the status of Sell or.
Pago 1 01 5
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subject only to mllUors containod in Paragraph 7 acceptllblo to Buver. OtharwlGI! title shall bo troo ot liens.
easements and encumbrances of record or known to Suiter, but sUbject to property tal<es for the yoar of
closing; covenants, restrictions and public utility easements of record; nnd lother matters which tillo will be
subJectl; provided there exists at closing no violation of the foregoing and none of thorn prevents Buyer's
Intended use of the Property as residential development. Soller warrants and represents that there Is Ingress
IInd egress to the Real Property sufficient for the inlended use as described herein. PersonallY shall, at
Buyer request, be transferred by an absolute bill of sale with warranty of tille, subject only to such matters
os may be otherwise provided herein.
7. l/l:LE EVIDE~c;r;
Buyer shall, at Buyer's el<pense and within five 161 days prior to closing date deliver to Buyer a title
insurance commitment Issued by a Florida licensed title Insurer agreeing to liens. encumbrances, el<ceptlons
or qualifications set forth In this Contract, and those which shall be dlschorged by SeUer at or before
closing. Seller shall convey a marketable title subject only to liens, encumbrances, el<ceptlons or
qualifications set forth III this Contract. Marketable t1t1e shall be determined according to applicable Title
Standards adopted by The Florida Bar ,and In accordance wilh law. Buyer shall have five 151 days from
receiving evidence of title to examine it. If title is round defective, Buyer shall, within three (31 days
thereafter, notlfv SelJer In writIng specifyIng defecUs), If the defect Is' render title unmarketable, Seller will
have 120 days from receipt of notice within which to remove the defectls), failing which Buyer shall have
the option of either accepting the title as it then Is or Withdrawing from this Contract, Seller will, if title Is
found unmarketable, make diligent effort to corroct defect/sl In title within the time provided therefor,
inclUding the bringing of necessary suits.
B. SURVEY
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Seller, at Seller's expense, wittlin time allowed to deliver evidenco of title and to 8l<amlne same, may
have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida land
surveyor. If survey shows any encroachment on Real Property, or that improvements located on Real
Property encroach on setback lines, easements. lands of others, or violato eny 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. CLOSfNG P~CE AND D~TE
::T/~f'r~t JI} /qn
Buyer shall designate closing agent and this transaction shall be closed in tho offices of the
designated closing agent in Plnellas County. Florida, on or before.Septe,,, ,1:>,",-20, I !95, unless extended by
other provisions of this contract. If either party is unable to comply with any provision of this contract
within tho time allowed. and be prepared to close as set forth obove, after making ell reasonable and
diligent efforts to comply, than upon giving written notice to the other pany, time at closing may be
el<tended up to ton 110' days without effect upon any other term, covenant or condition contained in this
contract. ·
10, CLOSING DOCUMENTS
,
Soller shall furnish deed, bill of sale lif applicable), mechanlc's lien affidavit. assignments of leases,
tenant and mortgage estoppel letters, snd corrective instruments. If Seller Is a corporation, Seller shall
deliver a resolution of its Board of Directors aulhorizing the sale and delivery of the deed and certification by
tho corporate Secrotary certifying the rosolution and setting forth facts showing the conveyance conforms
with the requirements of local law. Buyer shell furnish Closing statement.
"
11, CLOSING EX~ENSES
Documentary stamps on the deed. unless this transaction is exempt undor Chapter 201.24. Florida
Statutes, shall bo paid b'l tho Sell sr. Seller sh,:lll also pa~' tho costs of racordinl) any corrective Instruments.
Recordation of the deed shall be paid by Buyer.
12. PRORATIONS: CREDITS
Taxes, assessments, rent lif any} and other reVenue of the Property shall be prorated through the
day before closing. Closing agent shall collect all ad valorem tal<es uncollected but due through day prior to
closing and deliver same to the PineUas County Tal< Collector with notification to thereafter exempt the
Property from taxation as provIded In Chapter 196,012(6), Florida Statufos. It the amOUnt of tOl<es and
assessments for the current year cannot bo ascertaIned, rates for the previous year shall be used with due
allowance being made for improvements and exemptions. Any deposits held by Seller In trust for third
parties In occupancy of the Property shall be credited to Buyer at timo of closing, Assessments for any
improvements that are substantially complete at time of closing shall be paid In full by Seller.
P1I91!1 2 of 6
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13. 2ROPERTV CONDITION
As Is With Right of Inspection: Buyer may, at Buyer expense and within ten 1101 days from Effective
Date 1"lnspectlon Period.). conduct Inspections, tests. environmental and any other investigations of
the Property Buyer deems necessary tD determine suitability fDr Buyer's intended use, Seller shall
grant reasonablo access to the PrDperty to Buyer, lts agents. contractors end assigns for the
purposes of conducting the Inspections provided. hDwever, that all such persons enter tho Property
and cDnduct the inspections and Investigations at their own risk. Seller wfll, upon reasonable notice.
provide utilities services as may be required tor Buyer's Inspections and Investigations. Buyer shall
not engage in any activity that could result in a mechanics lien being filed against tho Property
withDut Seller's prior written consent. Buyer may terminate this cDntract by written notice to Seller
priDr to expiration of the lnspoction Period if the inspections rmd/or Investigations reveal conditions
which are reasonably unsatisfactory to Buyer, unless Seller olocts to repair or otherwise remedy such
conditions to Buyer satisfactlDn: or Buyer. at Its optiDn. may elect to accept a credit at closing of the
total estimated repair costs as determined by a licensed general contractor of Buyer's selection and
expense. if this transaction does not closo, 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
condit/on. '
14. s.mER HELD HAR~
Buyer Is solf insured. and subject to the limits and restrictfons of the Florida Sovereign Immunity
statute, F.S. 758.28, agrees to Indemnify end hold harmless the Soller from claIms of injury to persons or
property during the inspections' and investigations described In Paragraph 16{bl resulting from Buyer's own
negligence only, or that of 1t~ emplDyees or agents only. subject to the limits and restrictions of the
sovereign Immunity statute.
16. PROCEEDS OF SALE: CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds Df sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a periDd 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
date of the last title evidence. If Seller's title Is rendered unmarketable through no fault of the Buyer, Buyer
shall, within the 5 day period. notify the Seller In writing of the defect and Seller shall have thirty (301 days
from the date of receipt of such notification to cure the defect. If Seller falls to timaly CUre the defect, all
funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within five (5J days
after demand. be returned to Buyer end simultaneously with such repayment, Buyer shall return Personalty
and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails to make timely
demand for refund, Buyer shall take title .as is., waiving all rights against Seller as to any intorvening defect
except as may be available to Buyer by virtue of warrant/es contained in the deed. The escrow and closing
procedure required by this provision may be waived if title agont insures adverse matters pursuant to
Section 627.7841, F.S. (19871, as amended. ·
16. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Soller, other than to
make the title marketable after diligont effort, Buyer mey seek specific performance or unilaterally cancel
this agreoment upon giving written notice to Seller. If this transaction Is not closed due to any default or
fal/ure on the part of the Buyar. Seller may seek specific performance. It II Broker Is owed a brokerage 'ee
regarding this transection. the defaulting party shall be liable for such fee.
17. SELLER WARRANTIES
Sellor warrants that there are no facts known to Seller that would materially offect the value of the
,Property, or whi::h would be detrlm(,ntel te thJ Propelly. or w:,ich WOuld effEct Buyer's de~ire to purchase
the property oxcept as follows: (Specify known defects. If none are known, write "NONE"I
NONI=
Buyer shall have the number of days granted In Paragraph 141b) above ("Inspection Period"1 to Invastigate
saId matters as disclosed by the Soller, and shell notify SeHer In writing whether Buyer will close on thIs
cDntract notwithstanding sold mntters, or whether Buyer shall elect to cancel thll. contract. If Buyer fails to
so 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 Dn the contract.
Poge 301 5
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18. MeLON GAS r:,IOTIFICATION
In accordance with provisions of Section 404.056181, Florida Statutos (19891, as amended, 8uyer Is
hereby Informed as follows:
RADON GAS: Radon is a nalurally occurring radloactlvo gas that, when il has accumulated In a
bUilding In sufficient quantities, may present health risks to persons who ara axposed to It over time.
Lavels of radon that axceed federal and stata guidellnos have been found in buildings In Florida.
Additional Information regarding radon end redon tasting may bo obtained from your county public
health unit.
19. CONTRACT NOT RECORDABLE: PERSONS BOUNQ l
f.
Neither this contract nor any notice of it shall be recorded In any publ1c 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 ono gender shallinctudo all,
20. NOI1kE
All notices provided for heroin shall be deemed to have been duly given if and when deposited In the
United States Mail, properlV stamped and addressed to the respectlve party to be notifiad, Including the
parties to this contact, the ponies attorneys, escrow agent, Inspectors, contractors and all others who will
In any way act at the behest of the parties to satisfy all terms end conditions of thIs contract:
,I
21. ASSIGNABILITY: PERSONS BOUND
This contract Is not assignable. The terms "Buyer", "Soller", and "Broker" (If any) may be singular
or plural. This Contract is binding upon Buyer, Seller, and their heirs. personal representatives, successors
and assigns IIf assignment is permittedl.
22. ATTORNEY FEES: COS'Ul
In any litigation arising out of this contract, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs.
23. rvPEWRITT!;N OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with
them.
24. NO BROKER
Seller and Buyer represent and agree they have dealt with no Broker or finder tn connection with the
transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage,
lIab1lity or expense either mey suffer as a result of any claim of a Broker or finder with whom it Is
determined that tho other party has dealt with In contravention of this agreament; except, however, that
total City obligations under this provisIon shall be sublect to tho limits Bnd restrictions of the Florida
sovereIgn Immunity statute, F.S. 768.28.
26. EFFECT OF PARTIAL INVAliDITY
The Invalidity of any provision of this contract will not Bnd 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 provision,S shall be deemed to be In full force and effect as If they had been
executed by both parties subsequent to the Ilxpungernent of the invalid provision.
26. GOVERNING LAW
Ills agreed by and between the parties hereto that this contract shall be governed by. construed,
and enforced In accordance with the laws of the Stote of Florida.
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27. COUNTERPARTS: FACSIM1LE.kQf.'l
This contract may be executed in two or more counterparts. each of which shall be deem~d an
original and all of which togethar shall constitute ona instrument. A facsimile copy of this contract.
Including any addendum. attachments and any written modifications hereof. and any Initials or signature
thereon shall be deomed an original.
28. :;PECIAl CLAUSE~
An Addendum containing special clauses that constitute agreements and covenants between the
parties Is attached to and a part of this contract. When any special claus a in the Addendum Is In conflict
with any provision contained elsowhere In this contract, then the special clause shall govern.
29. EXHIBITS ATTACHED
Exhibit (describe)
and Exhibit (describel
are attached hereto and made a port of this contract.
,
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30. ENTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entIre agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises, representations or
conditions In respect theroto. 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 hareto.
THIS IS INTENDED TO BE 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.
~ 2,.10
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Dato: Ue.c.. 5, (Cft~
~v(. 55- '10'12-
SocIal 50curlty or Tu 1.0. ,
217.- /I. btlfc
Social 50curlty or Tax I,D.'
aM.,)). 7] 1:-3
Soclal SlIcurilV or Tax t.O,'
( ) APPROVED AND ACCEPTED this _ day of
( ) APPROVED COUNTER-OFFER thts_day of
.1996.
,1996.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey, Mayor-CommissIoner
Elizabeth M. Deptula, City Maneger
Approved as to form and
legal SUfficiency:
ATTEST:
~"~
---- - """"""P.:__'/ br.-
amela K. Akin, City Attorney' r
Cynthia E. Goudeau, City Clerk
Page 5 of 5
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Item #12
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CLEARWATER CITY COMMISSION
Agenda Cover Memorandum
I ~ MeelingDate /. q · 97
I,
SUBJECT:
Acquisition of real estate for development of single family residential
RECOMMENDATION/MOTION:
Approve a contract to purchase real estate located at Woodlawn Street, 260' (MOL)
: east of South Greenwood Avenue, Harvey park, Block B, Lots 1 through 12, in the
. amount of $80, ?OO fr~m R:>bert A. Binder, plus expenses for appraisal ($900) f
. environmental 1nspect1ons ($2,890) and a title search ($75) for a total
'acquisition cost of $83,865000.
~"and that theapproprilltc officials be auUtorizcd 10 execUte same
SUMMARY:
This parcel contains approximately 0.69 acres and is located to the West of vacated
Tioga Avenue and East of the commercial property known as "Clearwater Roofing.
On July 18, 1996 the Clearwater City Commission approved the F~ 1996-97 Consolidated
Plan to increase home ownership opportunities, targeting those residents of public
housing and special needs.
The proposed property purchase will enable the development of a single family housing
project that will make affordable housing ownership opportunities available to low to
moderate income households.
The City of Clearwater, the Clearwater Housing Authority (CHA), Clearwater
Neighborhood Housing Services, Inc. (CNHS) and Tampa Bay Community Development
Corporation (TBCDC) will work as partners to plan, develop and market the project.
The City of Clearwater and the local mortgage lending institutions will also work as
partners to provide aff~rdable financina fn~ this development.
Orlgln:atlng Oept.
Ec:Jnomlc Dowlopment
,
R.vllwed by:
lAglII ? "./
Budgot ~ r~
Purth.llng NA
Cosls: $83,865,00
(CUHont FYI 1996,97
Commission Action
Approved
Ulor Dopt.
Funding Source:
Approved
w/condillon,
Cupt. Imp,
Donied
Rllk MUmt. NA AdvertllDd:
IS NA ~ D~tD:
ACM '4 t:L.- Peper:
ENa. NA Not requlrod: x
OTHER NA Allected p~rtle5
Operating
Cont'd to
Other; Infill Houslnn '96 Spacial
Procra m Fund 1 81
Appropriation Codelsl
AUechmente:
1. Contract to Purehaso
\8\.00000-99494-000-000
notlfled
Sllbmltt~d By:
Not Required
x
City M~nage
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
"
PARTIES: Robert A. Binder es President lhareln "Seller"l. of Clearwater Roofing, II Florida Corporation.
Phone: 18131 442-4126, and the CITY OF CLEARWATER, FLORIDA, a Munlclpol Corporation of the State
of Florida Ihereln "Buyer" or "City"' of P.O. Box 4748, Cleorwater. Florida 34618.4748, ATTENTION: Alan
J. Ferri of EconomIc Development Phone: 1013/ 462-8882 (co"~ctlve'y "PartIes"' hereby agree that the
Seller sholl sell end Buyer shall buy tho following r€lal property I"Aeal Property", and porsonlll prof*tY
("Personalty"'lcollectlvely "Property"' upon tho following term. and condltlona.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFACIALS. TIME IS OF THE ESSENCE IN THIS CONTRACT.
T10M perioda of 6 day. or lOll .han be comp~ed without including Saturday, Sunday. or national
leglll hondaYI end any time pertod ending on II Saturday, Sunday or nltJonllllogal hoBday than be
Ixtond.d untJJ 6:00 P.M. of the next bu.lno.. day.
PROPERTY DESCRlPTlON
LEQAL DESCRIPTtON: Lots 1 through 12, Block B, Hervey Park, according to the map or plat,
thereof as recorded In Plot Book 3, Page 94.
STREET ADDRESS ICltylZlp/State):
2. FULL ptjRCHASE PR'CE.oIa..oI.........,.,...........................4..'...................44.....................4...... , BOJOOO.OO
3.
MANNER Of=' PAYMENT:
City of Clearwater check In U.S.
funds at time of closing ",..........................."..4.....U............ :$ BO.OOO~OO
4. DETERMINATION OF PURCHASE PRI~l:i
Tho Full Purchase PrIce as shown herein has beon reechod through negotiations with the Seller by
City staff acting as Agent of the City. The PrIce Is based on: '
e.
(X)
AppraIsal of the reat property performed for the Seller by a Florida cenifled real estate
appraiser. Tho market value of the Reel Proporty's fee simple Intorest was dotennlnEld
to bo $ 80,000.00 by Appraisal Associates of Tampa Bay, Inc. On January 6, 1996.
b.
IXI
Additional appraisals:
$35,000.00 on November 19, 1996 by Sawyer Realty Group, Mark Sawyer, MAl, for
Buyer.
c.
l 1
Market valuo estimate prepared by CIty staff based on analysis of recent comparablll
real estate transactions.
6. TIME fOR ACCEPTANCE: APPROVAl..S
Following execution 0' this contract by Buyer, the price, terms and conditions as contained herein
shall remain unchanged and be held unconditionally open for 8 period of forty-fivo (45) deys following
delivery In duplicate original to Alan J. Ferri, Director of Economic Development of the City c)f Clearwater for
acceptance and approval, counter-offer, or rejection by action of the Clearwater City CommIssion
{.Commlsslon"). If thIs agreement Is accepted and approved by the CommissIon, It will be executed by duly
Iluthorlzed City officials and del1vered to Buyer within ten 11 01 days thereefter. If a counter-offer Is epproved
by the Commission, It shall b8 del1verad to Seller In writing within ten 110' days of such action by tha City
Commission, and Sellor shell hllvo ton (10) days thereafter to detlver to Buyer written notlco of acceptanco
or reloctlon of such counter-offer. If written notice of acceptance Is not timely detlverad, or If tho cOUnter.
offer Is rejected by Seller, this contract shall thereaftor be null and void In all respects. If this contract Is
roJected by the Commission upon Inltlel presentadon to the Commission, this contract shall be null and \laid
In all rospects and Buyer shall bo so Informed In writing wIthin five (61 days of such action.
6. I1ILE
Seller warrants legal capacity to and sholl convey marketablo tltla to the Property by Statutory
Warranty, Trustee's, Personal Representatlvo's or Guardinn's Deed, 8S appropriate to the stotus of Sellar,
subject only to mottora contaIned In Paragraph 7 acceptable to Buyor. Otherwise tllle sholl be free of lions,
easements and encumbrancos 0' record or known to Soller, but sUbJect to property taxas for tho year of
PlIge 1 01 5
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closIng; covenents, restrictions end public utility casements of rocord; and lother matters which title will be
sub/ectl 1
pro~ded thero 8xlsts ot closIng no vloletlon of the foregoing Bnd none of them pUlvontl Buyer's Intended
use of tho Property el residential development. Seller wenDnts IInd represents that there Is Ingross IInd
egress to the Real Property sufficient for the Intendod use al described horeln. Personalty shall, et Buyer
request, be transfarrad by an absolute bill 01 salo wIth warranty of title, subject only to luch mlltterl 01 mllY
be otherwlsa provIded hereIn.
,
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7. TiTlE EVIDENCE
Buyar shall, at Buyer's exponse and wIthin five (61 dllYs prior to closing date deliver to Buyer a title
Insurance commitment ISlued by a Florida IIcensttd tltlll Insurar egreelng to liens, encumbrances, exceptions
'. or quallflcetlonl let forth In this Contract, and those which shall be discharged by Seller at or before
~~I closing. Seller shall convey a markatable title subJect only to lions, encumbrances, exceptions or
;.quallflcatlons set forth In this Contract. Markatabla tltla shall be determIned accordIng to applicable Title
., . Stendarda adopted by The Florida Bar and In accordance wIth law. Buyar sholl havo fIve (6) deys from
l; : l'8<:e1vlng evidence of tItle to examIne It. If tltla Is found defective, Buyer shall, within three (3) days
" tharllllfter, notIfy Seller In writing specIfying defectlsl. If the defectls) render title unmarketable, Seller wlll
1, heve 120 dllYs from receipt of notice within whIch to remove tho defectlsl, failing whIch Buyer sholl have
:; the option of either acceptIng the title es It then Ie or wlthdraw[ng from this Contract. Seller will, If title II
found unmaft{etable, make diligent effort to correct defecUs) In tltlo withIn the tlma provided therefor,
Includ1ng the bringing of necaslllty suits.
8. SURVEY
Seller, at Seller's expense, withIn time allowed to deliver evidence of title and to oxamlne same, may
have Real Property surveyed and cert1fled to the Buyer, Seller and closing agent by a registered Florida land
surveyor. If survey shows any encroachmsnt on Real Property, or that Improvements located on Real
Property encroech on setback lines, casements, lands of others, or violate eny restrIctions. contrllct
covenants or appllceble governmental regulation, the same shall constituta e titla dofect. The survey shall
b'e performed to mInimum technical stendards of Chapter 61G17.6, Florida Administrative Code and may
Include 0 description of the proparty under the Florida Coordinate System as deflned In Chapter 117, Florida
Statutes.
9. CLOSING PLACE AND DATE
Buyer shall desIgnate clOSing agent and this transactIon shall be closed In the offices of the
designated closing agent In Plnelles County, Florldo, on or before September 20, 1996, unless extended by
other provisions of this contract. If either party Is unable to comply with any provision of this contract
w[thln the tIme allowed, and be prepared to close es sot forth ebove, after making all reasonable and
diligent efforts to co'mply, then upon g1v1ng written notIce to the other party, tIme of closing may be
extended up to ten (101 days without effect upon any other term, covenant or cond1tlon contalnocl [n this
contract,
10. CLOSING DOCUMENTS
Seller shell furnish deed, bill of sale (If applicable), mechanIc's lien aflldavit, assIgnments of leases,
tonant and mortgage estoppel letters, and correctIve Instruments. If Seller Is It corporation, Seller shall
deliver a resolutIon of Its Board of DIrectors authorizing the sale and delivery of the deed and certification by
the corporate Secretery certifying the resolution end setting forth facts showIng the conveyance conforms
with the requirements of locellew. Buyer shall furnish closIng statement.
11. CLOSING EXPENSE~
Documentary stamps on tho deed, unless thIs transaction Is exempt under Chapter 201.24, Flonda
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.
12. PRORATIOtiS~ CREDIT~
, Toxes, assessments, rent Ilf onyl and other ravenue of the Property sholl be prorated through the
day before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to
clollng and deliver some to the Pinelles County Tax Collector with notification to thoreafter exempt the
Property from tOKatlon 8S provided In Chapter 196.01216), F[orida Statutes. If the amount of taxes and
assessments for the cunent yeer cannot be ascertained, rutes for the previous year Ihall be used with dUe
allowance beIng mado for Improvements end exemptions. Any deposIts held by Seller In trullt for third
partIes In occupancy of the Property shall ba credited to Buyer at tIme of closIng. Assessments for any
Improvements that are substantially completa et time of closIng shall be paid In full by Seller.
PIIgll201 Ii
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13. flRPPERTY CONDITION
I
Ails WJth Right of In.pectlon: Buyer moy, ot Buyor expense and within ten {tOI day_ from Effective
Dlltll ("InspectIon Period"), conduct Inspections, tests, envlronmentlllllnd any other Invllstlgatlons of
thll Property Buyer deems necoSllary to determIne .ulteblltty for Buyer's Intended use. Sollor shall
grant rllasonable eccen to the Property to Buver, Us aQont., contractorl end lIulgnl for thll
purpo,es of conducting the Inspections provided, however, that I!IIl auch porIons enter the Property
" end conduct the Inspections and InvestIgation. at their own ri.k. Seller will, upon re8lloneblo notlca,
provide utllltles services e. may be requIred for Buyer's Inspections end Inveatlgatlons. Buyer IIhl!lll
not engl!lge In any actIvity that could resutt In II mGChanlcs lien beIng fned ogalnllt the Property
wlthout Seller', prior written consent. Buyer may tllnnlnate this contrl!lct by written notIce to Seller
prior to expiration of tho Inlpectlon Period If the Inspectlonl and/or Inveltlgotlons roveal conditions
':: ' which era reasonebly unsatisfactory to Buyer, unless Sellllr electl to repelr or otherwllll remedy such
conditions to BUYllr slItlsfectlon; or Buyer, at Its option, may elect to accept tI crodlt at croslng of tho.
, ' totel ostlmated repaIr costs lIS determIned by 0 licensed ganeral contrllctor of Buver's solectlon and
expense, If this transaction does not close, Buyar I!Igrees, I!It Buyer expense, to repaIr I!III damages to
the Property resulting from the Inspections end InvestIgatIons end return the Property to Its present
condition.
14. aEl,.l1;R HElD HAt\MLES~
Buyor Is self Insured, I!Ind subject to the limits and restrictions of the Florida Sovorolgn Immunity
statute, F,S. 758.2B, agrees to Indemnify and hold harmless the Seller from claims of InJury to persons or
property during the Inspections and Investigations described In Paragraph 16lbl resultlng from Buyer's own
negligence onry, or that of Its employees or agonts only, subject to the 11mlts and restrIctions of the
sovorelgn Immunity stetute.
16. ~B9CEEDS OF SALE: CLOSING PROCEDURE
The deed shell be rocorded upon clearance of funds. Proceeds of sale shall be held In escrow by
Seller's attorney or by such other mutually acceptable escrow agont for 8 period of not longer than 5 days
from end lifter closing, during which time evidence of title shall be continued at Buyer's expanso to show
tltla In Buyer, without any encumbrances or changl!l which would render Seller'lI title unmarketable from the
dato of tho lest title evidence. If SeUer'lI title Is rendered unmarketeble through no fautt of the Buyer, Buyer
shall, within the 5 day period. notify the Sellcr In writing of the defect and Seller shall have thirty 1301 days
from the date of receIpt of such notification to cure the defect, If Seller falls to timely curO the defect. all
funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within five 16' days
after demand, be returned to Buyer end simultaneOUSly with such repayment, Buyer sholl return Personelty
and vacete Real Property end reconvey It to Soller by special werranty deed. If Buyer foils to make timely
demand for refund, Buyer shall take tItle "as Is", waiving ell rights against Sell or as to any Intervening defect
except as may be available to Buyer by vIrtue of werrantles contained In the deed. The escrow I!Ind closing
procodure requlrod by thl, provision may be waived if tItle egent Insures adverse matters pursuant to
Sectlon 627.7841. F.S. {19B71, liS amended. '
16. DEFAULI
If this transaction Is not closed due to any default or failure on the part of the Seller, other then to
make the title marketable after diligent effort. Buyer may seek specific performanco or unilaterally cencel
thIs egreement upon giving written notice to Seller. If this transection Is not closed due to eny default or
failure on the part of the Buyer, Sellar may seek specific performance, If a Broker Is owed 8 brOkerage feo
regerding this transection, the defaulting party shall be liable for such fee.
17. SELLER WARRANTIEa
Seller warrants that there are no facts known to Seller that would materially effect tho value of the
Property. or which would be detrimental to tho Property. or whlch would eHect Buyer's desIre to purchase
the property eKcopt os follows: (Specify known defects, If none are known, write "NONE'"
NONE
Buyer shall have the numbor of days granted In Parograph 14(bl above 1"lnspoctlon Period") to Investlgute
said matters as disclosed by tho Seller, and shall notify Soller In writing whether Buyer will close on this
cantract notwithstanding seld motters, or whether Buyer shall elect to cancel this contract. If Buyer falls to
so notify Soller within seld tlmo period, Buyor lIhell be deemed to have welved any objection to the
dlscl05ed metters end sholl hove tho obligation to close on tho contract.
1 B. MOON GAS NOTIFICATION
Pllgll 3 of 6
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In IIccordllnce with provIsions of Section 404.056181, Floridll Stlltuteo 119891, liS amended, Duyer I.
herllby Informed 8S foUows:
..
I
RADON GAS: Aadon Is II naturally occurring radioactive gaa that, when It hils accumulated In a
buildIng In sufflclent quantltl1l8, may present health risks to pel'lons who are exposed to It ovar time.
lllvels of radon that exclled federal end atete guideline. have been found In buildings In florida.
Additional Information regardIng rlldon end radon testIng may be obtained from your county public
health unit.
pONTRACT NOT RECORDABLE: PERSONS BOUND
Neither this contract nor any notice of It shllll bo reconled In any public recorda. ThIs contract shall
bind ahd Inure to the benefit of the partIes rmd their successor. In Intarest. Whenover the contaxt permits,
~Iar .halllncluda plural and onll gander shall Include all.
. I,
NOTlCE
All notices provIded for horeln shall be doemed to have been duly given It and when deposited In the
Unltod States Mall. properly stamped and addressed to the respective party to be notified, Including the
partIes to this contact, the parties attorneys, ascrow agont, Inspectors, contractors and all others who will
In any way act at the behest of the partIes to sBtlsfy all terms and conditions of this contract.
21. ASSIGNAB1UTV: PERSONS BOUND
This contract Is not assignable. Tho terms .Buyer., .Seller". and "Broker. lit anyl may be singular
.or plural. This Contract Is bindIng upon Buyer, Seller. and their heirs, personal representatives, successors
and assigns {If Bn\gnmllnt Is permlttod).
22. AT10RNEY FEES: COSTS
In any litigation arising out of thts contract, the prevailing party shall be entitled to recover
reasonable attorney's fees and costs.
23. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Wpewritten or handwritten pfO\lls\ons shall control all prlnted provisions ot contract In confllct with
thorn.
24. N.Q..BBO.K.EB
Seller and Buyer represent and agree they heve dealt with no Broker or finder In connectIon with the
transllctlons 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 othar party has dealt with In contravention of this agreement; except, however. that
totel City obligations under thIs provision shall be subject to the limits and restrictions of the Florida
sovereign Immunity statute, F.S. 168.28.
25. EFfECT OF PARTIAL INVALIDITY
The Invalidity of any provisIon of this contract wfll not and sholl not be deemed to effect the validity
of any othor provision. In the event that Bny provIsion of this contract Is held to be Invalid, the parties
egree that the remaIning provisions sholl be deemed to be In full force end effect all It they had been
executed by both parties subsequent to tho DlCpungement of the Invand provisIon.
26. GOVERNING LAW
It Is agreed by and between the parties hereto that this contract shall be governed by, construed',
and enforced In eccordance with the laws of the State of Florida.
Page 4 of 5
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27. COUNTERPARTS: FACSIMilE COpy
I
, lhls cohtract may bo executed In two or more counterparts, eoch of whIch shell be doemed an
origInal and alt of which togothor sholl constltuto one Instrument. A facslmlla copy of this contract,
Including any Ilddondum, attachment. and any written modification. hereof, and any Initial. or slgnaturo
thereon Ihall bo doemed an orlglnlll.
..
28. ~~CIAl CLAUSES
An Addendum containing special clausos that constltuto agreements end covenants between the
, partlea Is attached to end a part of this contract. When IIny special clause In thll Addendum Is In confllct
!,wtth any provisIon contained olsewhareln this contract, then tho special clllule shall govern.
~':~29. ~HIBITS ATTACHEQ
Exhibit {descrlbel
and Exhibit (describe)
are attached horoto IInd modo fI part of this contract.
'.J', .,
i'l: 30. ENTIRE AGREEMENT
'I
Upon execution by Sellor and Buyer, this contract shall constltuto the ontlre IIgreoment between tho
portles, shall supersede any IInd ell prlor and contemporaneous written and oral promises, repr"sentatlons or
condition. In respect thoroto. AU prior nogotlatlons, agreements, memoranda and writings shall be merglld
heroin. Any changes to bo mado In this agreement shall only be valid when expre5led In writing,
acknowledgod by tho parties and Incorporated heroin or attached hereto.
THIS IS INTENDED'TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY
UNDERSTOOD, SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL
FOR LEGAL, T AX, ENVIRONMENTAL AND 01"HER SPECIAUZED ADVICE
PRIOR TO SIGNINO.
Date:
Sailor: Robert A. BInder . Soelal Seeurity 01' Tul,O,'
far Clearwater RDoflng, A FIDrida CorpDratlon
Date:
Seller:
Social SeetJrlty or Tul,O.'
I ] APPROVED AND ACCEPTED this _ day Df
( ] APPROVED COUNTER. OFFER thrll_d.y of
.1996.
,1996.
CDunterslgned:
CITY OF CLEARWATER, FLORIDA
Rlta Garvey, Mayor-CommissIoner
Ellzebeth M. Deptule, City Manager
Approved as to form and
lagal sufficiency:
ATTEST:
Pemela K. Akin, City Anomey
Cynthia E. Goudeau, City Clerk
'PIIOII 6 01 6
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Clearwater City Commission
Agenda Cover Memorandum
Item #:
13
Meeting Date:
t . q · '17
SUBJECT:
Acquisition of real estate for future economic development
RECOMMENDA TION/MOTION:
Approve and accept the donation of three commercial vacant lots located at 1006, 1008 and 1010
Garden Avenue, J. J. Eldridge Subdivision, Block C, East 75' of Lot 29 & J.J. Eldridge Subdivision, Block
C, East 79' of lot 28, and J. J. Eldridge Subdivision, Block C, East 79' of lot 27 less the N 35',
respectively, from AmSouth Bank.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
AmSouth Bank, formerly National Bank of Clearwater, has offered to donate three vacant lots in lieu of
City of Clearwater assessments for lot clearing in the amount of $650.00. The bank requests that the
City of Clearwater pay real estate taxes due for 1996!n the amount of $412.73.
Professional fees for the appraisals ($500), environmental assessments ($1000) and title searches ($250)
have been accrued in the total amount of $1800.00, bringing the cost of this acquisition to $2812.73.
These properties, valued at a total of $ 51,500, will be held in the City's land bank for future economic
development as deemed appropriate at that time.
The proposed property acquistion will enable the City, in cooperation with Clearwater Neighborhood
Housing Services, Inc., to enhance economic development in the North Greenwood Commercial/Business
District.
R,vlew,d by: Olfg/llldng D.pt.
LeDol ~
Budget ~ NA ~' U.lr Dlpt.
, PurchDslng NA
I,
Risk Mgffit,' NA Advlnlud:
IS NA Dlltlll NA
ACM NA~W Paper: NA
ENG. NA Not reQlllred: x
OTHER AtrOtlod plll'tles
notlfiDd NA
SubmllUd BYl ~
Chy MItlDO~ Not AOQuired NA
\
com; $2812.73
{Currenf FYI
Funding SourcD:
Commission Action:
o Approved
.. C Approved with CondItions
o DenIed
., 0 Continued to:
Capt. Imp, NA
-
Operotlng NA
Other Communltv BIO(;II Gnlllt ICD~\
Attochments:
AmSouth letter dated
12/10/96
A\>propriat!on Codols'
e89.(l()O()().12617 1..Q()O.()OO &
639.07212.5 30t 00-5 54-000
o None
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AmSouth Dank of Florida
lOO N. Tlllnpa Street, Suite HOO
Tlllnp,t, Fl4lrid.l B602
13
AJvISoun.t
Oaniel Langelier
Vice President
Special Assets
December 10, 1996
Alan J. Ferri, Director
Department of Economic Development
city of Clearwater
P.o. Box 4748
Cle~rwate~, Florida 34618-4748
Re: property on Garden Avenue
Clearwater, Florida
Dear Mr. Ferri:
This letter is a follow-up to my telephone conversation with
Linda Byers of the Department of Economic Development of the
city of Clearwater relating to the above referenced matter.
AmSouth Bank of Florida is offering to the city of Clearwater
a property located on Garden Avenue, Clearwater. The property
is legally as follows:
The easterly 75.0 feet of Lot 27, less the northerly 35.0
feet thereof, together with the easterly 75.0 feet of Lots
28 and 29, all located in Block "C", JOS J. ELDRIDGE
SUBDIVISION, according to the plat thereof recorded in
Plat Book 1, Page 85, of the Public Records of
Hillsborough county, Florida, of which Pinellas County was
formerly a part.
The ta~ parcel numbers are as follows:
09-29-15-25542-003-0270
09-29-15-25542-003-0280
09-29-15-25542-003-0290
The property contains 0.2601 acre or 11328.93 square feet
M.O.L.
The property will be donated to the city of Clearwater or its
assign, Clearwater Neighborhood Housing Association. it is my
understanding that the city will waive any assessments which
currently lien the property.
If you should have any questions or need additional information
..............3;,:.Jt:h'.J-h'~.....iIi......... ~,,.I'Irr-~.-
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r, please feel free to call me. at (813) 226-1108.
is (813) 226-1102.
DL/dl
cc : Linda Byers
Department of Economic Development
city of Clearwater
P.o. Box 4748
,clearwater, Florida 34618-4748
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Clearwater City Commission
Agenda Cover Memorandum
I ~ ~f:f.;lj:[:~i~g~:[:r~I~i~:IJ!i;;~J\~
, Item II' :';C'~';"";''''''';'.';':<': "..c.;,:w~:,,;,;:<,;,;~
. ~r,it:;~111:;;~;;;i~~:~~;;;~i:%~ti~
Meeting Date: ;fJ.J'...~~m.J1fj..,'.,;l
ti~~c~:~~~}~?i~;~W.f~J:/~~~~rri!
,
SUBJECT:
Refund from Anthem Health/Gulf Life Polley #5437 of $444,449 plus interest
RECOMMENDATION/MOTION:
Approve -the attached agreement and accept the refund of $444,449 plus Interest from Anthem
Health/Gulf life POlley #5437 and deposit such funds In the Premium Stabilization account in
the Self Insurance Fund,
lEI and that the appropriate officials be authorized to execute same.
BACKGROUND:
· The City had accident and health insurance coverage with Gulf Life from May 1, 1986 through
December 31, 1990.
. Gulf Life is now known as Anthem Health due to a series of mergers and purchases.
. Apparently, this polley was a retrospectively rated account, which has produced a current
account balance of $444,449.
· From documents prOVided by Anthem, claims paid on this policy have been as follows since its
cancellation:
. 1991 $268,173
. 1992 19,639
. 1993 4,331
. 1994-11/96 276
. Through negotiations, the City has received a commitment from Anthem that interest will be paid
to the City on the account balance until remitted to the City.
. Interest in the amount $72,391 has accrued through 1111/96 and will continue to accrue until
remitted to the City.
. City staff and the City's Health Insurance consultant, Tom Richarme with Wittner Companies,
believes that the City's exposure to any further claims is minimal.
Originating Department:
Finance
\...m~ ~nV'~
User Deportment:
Costs:
Reviewed by:
uGoI
~udg.t
purchlllng
RJ.k Mgmt.
IS
ACM
N/A
Total
N/A
Current F1lclll Vlllr
Commission Action:
o Approvld
o Approvld w/Condhlonl
o Denl.d
o Continued to:
Dlltl:
Funding Sourca:
o Cepit"
Imptuv.ment:
o
Opofltlng:
o
Oth.r:
Other
Advertised:
Submitted by:
cltLu~
..,.;,..1 Papar:
o Not Requlrod
Affectod Pertlos:
o Notlllld
o Not Rlqulred
Appropriation Code
Attachments:
Anthom Lettar 8/31/96
Agreement
Anthom Letlor 11/6/96
Wittner Lettor 11/13/96
o Non.
Q Printed on r.cycl.d pIper
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Anthem' Health
, The Anlhrm IInhh Comp.nle.
->>$0 Vlnrrnnr, r.1 rrlt'
InI1l.n..,oIII. J nell.n. 46268.3027
13111 22S,iOOO
August31t 1996
Chief Financial Officer
City of Clcanvatcr
112 South Osceola
Clearwater, Florida 33516
Dear Sir,
On May It 1986. City ofClcarwatcr purchased A&H coverage with Gulf Life Insurance Company.
Through a series of purchases and mcrgers, the company is now known as Anthem Life Insurance
~m~y. .
.. City of Clearwater was funded as a retrospectively raled account, and it has ultimately produced a balance
of, S 444t449. Enclosed is a final accounting through September I, 1996 of funds which Anthem is
holding on behalf of City of Clearwatcr .
Also enclosed is a hold harmless agreement which we ask that you sign and return. A hold harmless
agreement states that Anthem would not be liablc for any future claims that may be submitted to us with
respect 'to this group. ,In return, Anthcm will send a check in the amount stated on the experience
statement. Anthem realizes that the case is closed, but to finalize our records, a signed bold harmless
agreement is necesscuy.
When returning the signed hold harmless, please provide the name of the contact person at City of
Clearwater to whom you would like the check remilted. If you have any questions. please feel free to
, contact me at (317) 228-7228.
Sincerely.
, ~ t( '-;fAA4---"-" A.r;1
Lorrie A. Freeman, A.S.A.
Associate ActunIy ,
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HOLD HARMLESS AGREEMENT
THIS AGREEMENT is made and entered into effective this 15t day of September, 1996, by and bctween
Anthem Life Insurance Company ("Company") and City of Clearwater (UPolicyholdertl).
WHEREAS, the A&H coverage under Group Policy No. 5437 C-Policytl), issued by the Company to the
Policyholder, was terminated effective December 31, 1990; and
WHEREAS, the Company and the Policyholder desire to enter into an agreement (this Agreement)
providing for the transfer of all unused reserves as a premium refund to the Policyholder (URefundtl) and
setting forth the rights and obligations of each with respect to such transfer;
NOW, THEREFORE, for and in consideration of the payment of such Refund and of the covenants
hereinafter recited, the Company and the Policyholder agree as follows:
I. Refund
I J Amount. The amount of the Refund is $444,449, representing the balance of all unused
reserves held by the Company for the payment of benefits with respect to claims arising
under the Policy after August 31, 1996.
1.2 Pl\)'I1lent. The Refund will be paid by the Company to the Policyholder on October I, 1996,
subject to the execution of this Agreement by the Policyholder.
II. Policyholder Liability. The Policyholder hereby
(a) dischari~the Company from any and all duties to adjust and pay bencfits under the Policy
for which claim is made on or after the effective date of this Agreement; and
(b) assumes liability for any and all benefits payable under the Policy for which claim is made
on or after the effective date of this Agreement and for any and all extra-contractual
damages, including, without limitation, punitive damages, costs of suit and attorney fees
with respect to causes of action arising out of or in any way related to such claims; and
(c) DifCes to defend and to hold harmless the Company against any and all costs and expenses
with respect to any claims, demands, actions or causes of action arising out of or in any way
related to benefits under the Policy for Which claim is made on or after the effective date of
this Agreement.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby have executed this
Agreement in duplicate original.
City of Clearwater
ANTIlEM LIFE INSURANCE COMPANY
~
Date: _ Ar .t:;kr.. 3 I )9<4
By:
Title:
Date:
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Anthem Health
Tht Anlhrnt Uuhh Compan.le.
4040 Vincl!lU1e. Clrele
Jndlan.polI.. Indlau 46268-3017
1317) 228-7000
Novembet 6, 1996
Tom Richarme
Wittner & Company
5999 Central Avenue. Suite 400
SL ~g. Florida 33710
Dear Mr. Richarmc.
Per our telephone conversation. I am putting in writing the agreement we reached regarding the City of
Clearwater. The City of Clearwater originally pwchased A&H coverage 'With Gulf Life Insurance
Company. Through a series of purchases and mergers, the company is now known as Anthem Life
InsUrance Company. Anthem searched its files and found three large master filcslunderwriting files, but
nowhere in those files could an original contJaCl be found. It is our belief that the original contract was
Ja:pt with the agent It is also my undcntanding that the City of Clearwater was unable to find an original
contract in their files.
According to our records, the City of Clearwater was funded as a retrospectively rated account, and it has
ultimately produced a ba.tance of S 444,449. Given the length of time since tennination. Anthem is
willing to credit interest according to standard company practice. which is to credit interest starting 15
IDOnths past tennination using an interest rate equal to the 13 week T -bill minus .9. I have outlined the
interest rates used in dctennining the interest calculation for the City of Clearwater. The termination date
for the City, of Clearwater is 12/31/90.
.111. _Do
IIII:,,_.~
'.~'~''',., c'L,I.. ............~.... ~\'L_ ~I I..
3.18 %
2.06%
2.81 %
Tune Peri94
4/1195 - 4/1/96
4/1196 - 11/1/96
Interest Rate
Time Period
Igt~ R;lte
4/1/92 - 4/1/93
411193 - 411/94
4/1194 .4/1195
4.86%
4.17 II!.
The total amount ofintcrest to be paid through 111119610 the City ofClearwatci' is $ 72.391. Interest will
Continue to be credited through the date of payment
It is my understanding that this completes all information requested by the City of CJeanY3tcr. Upon my
Jt:tdpt ofthc signed hold barmlcss, I will issue a check request for the hgJ:UU"l!! plus intacst to date of
" disbursement. Please provide the name of the person to whom you would like the check sent
lfyou have any questions or still need additional infQnnation, please fed free to contact me at'
(317) 228.7228 or by Fax at (317) 228-7005.
Sfacerely,
;f~ a ~~P>-~ A5ft
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Lome A. Frccm.an, A.S.A.
AssOciate Aduary
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---wrrrNER COMPANIES
Mr. Leo Schrader
Risk Manager
City of Clearwater
100 S. Myrtle Ave.
Clearwater. FL 34618
,j~~~~~W~m;
NOV 1 3 1996
November 13, 1996
RISK MANAGEMENT
RE: Anthem/Gulf Life Policy # 5437
Dear Leo:
The enclosed information from Ms. Freeman at Anthem is fairly self-explanatory. As noted, we
were successful in generating an additional $72,391 in interest to the City. Thus. the entire refund
will be $516.840. '
It is my opinion and recommendation that the City sign the bold harmless agreement and close out
the account. and deposit the $516,840 into the premium stabilization account. The exposure to
the City afany further claims is believed to be minimal.
Please give me a call if you have any questions.
Sincerely.
~ !Z< dta...J..... ~ SIGNED IN MY ABSENCE TO AVOID DELAV
Tom Richarme, CLU
Senior Consultant
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5999 CENTRAL AVENUE. SUITE .00 . ST. PETERSBURG, FLORIDA 3371 0
P.O. BOX 11629 33733-t629. (813) 384-3000. FAX (813) 345-3482
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Clearwater City Commission
Agenda Cover Memorandum
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Item.. ,'. ",' ..'..",'n ',....,~
t~\}:b::;:;~;:;l::.':i
Meeting Date: (,;,:::",,7:~,::!:?M. '::
;'}>::;Y.~:J(;:~)i~;}:~/?:.{~::. <i
SUBJECT:
Request For Authority To Pay Thomas Pearson, Claimant, Workers' Compensation Benefits In The
Amount Of $163,075.27.
RECOMMENDA TION/MOTION:
Approve payment of $163,075.27 for wage loss benefits, (including principal, penalties and interest)
from July 14,1989 through March 24, 1996.
II and that the appropriate officials be authorized to execute same.
BACKGROUND:
· Claimant, a former City police officer, sustained a work-related back injury on November 8, 1985, which
ultimately resulted in the Claimant receiving a work-related disability pension.
. Prior to the decision of the Florida Suprome Court in Barraaan v. City of Miami, 545 So. 2d 252 (1989),
the City of Clearwater did not pay both workers. compensation and pension benefits because
the City relied on old Section 2.410 of the Clearwater City Code. Section 2.410 of the Clearwater City
Code provided as (oHows: uExcept where an employee;s receiving medical payments, no employee
shall receive any pension provided under this division while such employee is receiving benefits from
the workers' compensation actlt.
,. The decision in Barragan has caused the City to change its position in regard to these claims. The
Barragan case holds that an employer may not offset workers' compensation payments against an
employee's pension benefits except to the extent that the total of the two exceeds the employee's
average monthly wage. Thereafter, in the later case of City of Miami v. Burnett, 596 So. 2d 478
(1992), the District Court of Appeal (First District of Florida) held that the 8arraaan case is retroactive
to cases as far back as July 1, 1973.
. Prior to the Barraqan casal the Cityls third party administrators would stop paying workers'
compensation benefits as soon as notice was received from the City that a City employee retired on a
job-connected disability pension.
,
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Reviewed by:
Legal
Budg41.f ~
PurchuJng
Risk MgmL
IS
ACM
0ttMf
Originating Department:
FINANCE I RISK MANAGEMENT
vm.J
User Department:
Coats:
$163.0711.21
Tota'
S 163,0111.27
Current Fiscal Year
Commission Adlan:
o Approved
o Approved VlICondlUons
o Denied
o Continued to:
Advertised:
Funding Source:
CJ C.p1tal
Improvement:
o
oper.tlng:
fa Oll\lr: elF
Attachments:
-)..v-
Date:
Pllper:
m Nol Required
Affected Partlel:
o Notified
&:iJ Not Required
Approprjatlon Code
1S9D~1000-6-4!800 0618.000
Submitted by:
cK.~
iii None
o PrInted on recyc:a.d paper
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. Presently, as new claims are being asserted for past due benefits. these claims are being reviewed in
light of the Barraaan and Burnett decisions and other applicable court decisions. Where appropriate,
both workers' compensation benefits and pension benefits are now being paid to former City
employees who have previously retired on job-connected disabiJiUes.
. 'A review of,Mr. Pearson's workers' compensation claim filel which was taken in-house by the City from
the City's prior craims servicing agent in April 1996, revealed that Claimant had not been paid wage
ross benefits subsequent to the Barragan decision.
. Risk Management Staff has calculated the correct sum due the Claimant for back workers'
compensation benefits, penalties and interest as the sum of $163,075.27. The Risk Management
Staff and the City's Claims Committee recommend that these benefits be paid at this time.
. . Funding for this payment is budgeted in operating code 590-07000-545800-519-000 (Insurance
Expense) which has an available balance as of December 10. 1996 of $1.7141075.00.
. '
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CleatWater City Commission
Agenda Cover Memorandum
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Item j; [t;;::~:~;:~~;~:[~::::~;:,:~~~':\~:;~{:::.:!':~
Meeting Date: iW'.,#'.FJ:,~,.9~1,<
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SUBJECT:
Refusal OF Settlement Offer Of $36.888 For Settlement of all City Claims for Excess
Reimbursements Due The City For Workers' Compensation Benefits Paid To Date And To Be Paid
In the Future To Charles Kimball Under International Surplus Lines Insurance Company Policy
Number GP-57192.
RECOMMENDATION/MOTION:
Authorize City staff to refuse a settlement offer of $36,888 from International Surplus Lines Insurance
Company for a complete release of any reimbursements due the City under policy number GP-
57192, for workers' compensation benefits paid or to be paid hereafter to Charles Kimball.
IBJ and that the appropriate officIals be authorized to exocute same,
BACKGROUND:
· Claimant. a former City police officer, sustained a work-related back injury on October 17. 1985, which
ultimately resulted in Claimant receiving a work-related disability pension.
. As a consequence of the workers' compensation injury. the City of Clearwater has paid to Mr. Kimball
workers' compensation benefits totaling $187,000 to date.
. The City of ClealWater's excess insurance policy with International Surplus Lines has a $100,000 self-
insured retention. The policy also provides that certain legal expenses are only reimbursed at the end
of the claim. The settlement offer from International Surplus Lines was made in response to a request
for reimbursement from the City's Risk Management Division in the amount of $50.397.00,
representing $150,397 in reimbursable payments less the $100.000 deductible.
. City staff anticipates payment of future medical benefits to Mr. Kimball in excess of $40.000.
. Acceptance of this settlement offer would preclude the City from making additional claims against
International Surplus lines for any future payments made to Mr. Kimball under his workers'
compensation claim.
Reviewed by:
Legal
Budget
Purchaslng
RJskMgmL
IS
ACM
OrigInating Department:
FINANCE I RISK MANAGEMENT
Vft'\ J
User Department:
Costa:
SO.OO
Total
$O.DO
Current Fiscal Year
Commission Action:
o ApprOVed
o Approvod w/Conditlons
o Denied
o Continued to:
Other
Adv.rtIMd:
Funding Source;
[J Capital
Improvlment:
[J
OperaUng:
iii Other: NJA
Attachment.:
Submitted by:
c#~
Date:
-)T.iJ. P_per:
lEI ~ Requlrod
Affected Plrtl..:
C Notlried
iii Not Requlrod
Appropriation Code
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The City's claim committee and the Risk Management Division recommend that this settlement offer be
rejected. .
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Clearwater City Commission
Agenda Cover Memorandum
7 (;::i;:!Ji:.rX)f:~~:;i;:;~;FG:::':;';:;
Item 'It. ',. ~..,..,,' '""",,. .. -, .... .
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MeetIng Dale: )[f,.\,:~n)(;;JTt'?:-H
:. :',;~~X;~ '')KY:'.\Mt~~:\?~:~ @{:.~
SUBJECT:
Request For Authority To Pay William Yanger, Jr., Attorney, An Attorney Fee For Workers'
Compensation Benefits Obtained For Workers' Compensation Claimant, Charles Kimball.
RECOMMENDA TION/MOTION:
Approve payment of $23,000.00 to William Yanger. Jr., Attorney, for an attorney fee for aU workers'
compensation benefits he obtained for his Client, Charles Kimbatf.
tBI and that the appropriate officials be authorized to execute same,
BACKGROUND:
. This workers. compensation claim was the subject of an earlier City Commission agenda item
requesting authority to pay back benefits to Charles Kimball of $139, 000 as required by the case law
set forth in Barragan vs. City of Miami, 545 So.2d 252 (1989).
. Payment of $138,919.04 was made to Claimant following approval by the City Commission of the
earlier agenda item.
. The claimant's a<<omeYt William Yanger, Jr., has now filed 3 claim for an attorney fee for securing the
indemnity benefits paid to Mr. Kimball.
Advertlsad:
Funding Source:
o capttal
Improv.m."t:
o
OpetaUng:
Ii) Oth...: CIF
Attachmont.:
. The Florida Workers' Compensation Act provides for payment of an attorney fee by the employer when
benefits are obtained by the efforts of an attorney hired by a claimant.
. The City's outside counsel. Fowler. White, Gillen. Boggs. Villareal and Banker, has been able to
negotiate an attorney fee to Mr. Yanger, in the amount of $23,000. The Risk Management Staff, the
City's Claims Committee, and outside counsel, recommend approval of payment of this attorney fee.
. Funding for this payment is budgeted in operating code 590-07000-545800-519-000 (Insurance
Expense) which has an available balance as of December 10.1996 of $ 1,7141075.00.
Reviewed by:
legal
Budg.t .
Purd1I.mg
Risk M{Jf1'i.
I
ACM
other
Originating Department:
FINANCE f RISK MANAGEMENT
vm~
U.er Department:
Costs:
$23,01),0
Total
$23,000
Current FJsc.aJ Year
Commission Action:
o ApPf'oved
o Approved w/CondlUonl
o Denied
o Continued to:
Submitted by:
O-tf:tM --.
City ri.{.g.l
o Printed on l'1lCycltd paper
Date:
paper:
Ii Not Required
Affected Parties:
C NotIfIod
ra Not RequIred
Appropriation Code
15DO.o700D-64t1800~ 1 84100
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Clearwater City Comtnission
Agenda Cover Memorandum
I ~ Item #: (:::'~^jE~:.;i:~,t!:[:~:"~:::(':';:;'::'i;~:;::::~
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Meeting Date: ;/-:;'::..,":,,:~,:~I;:;}J~ :':~
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SUBJECT:
Purchase of Workers' Compensation Managed Care Services
RECOMMENDATION/MOTION: Ratify and confirm the award of a contract to CarVel Corporation to
purchase managed care services for City employees suffering job-connected injuries covered by
workers' compensation as needed by City in an amount now estimated to be less than $25,000
annually which is the lowest most responsive proposal submitted in response to the City's RFP I
IFJ and that the appropriate officIals be authorized to execute same.
BACKGROUND:
,
. The State of Florida has mandated that all Florida employers will provide workers' compensation
medical services to injured employees through a managed care arrangement effective 111/97.
o This is a new expenditure of funds, but it will be an ongoing annual expense. The actual amount
of the annual expenditure will be difficult to estimate because it will depend upon the use of
CarVel's network by the City and the services needed and purchased by the City annually.
However, the City will receive 70% of the discounts negotiated by CorVel with its medical
providers from the Florida workersi compensation fee schedules. Because the City will receive
these discounts, the actual cost to the City for use of the CorVel medical network and managed
care services could actually be zero or it is even possible that the City could end up actually
making some money. However, based on the anticipated usage of CorVel's managed care
network by the City and the level of expenditures for workers' compensation medical benefits paid
by the City in the past two years, together with the PPO savings (the negotiated medical provider
discounts) to inure to the City by virtue of the City's use of the CorVel managed care network, it is
anticipated that the annual cost to the City will be less than $25,000.
Reviewed by:
Legal
~
Purchllling
RIsk M
Originating ~partmont:
FlnancalR1s1c Management
'-"Y(\ J
User Dopartment:
Costs:
Commission Action:
$26.000 0 Approved
Total 0 Approved w/Condltlons
$18,760 0 Denied
Current Fiscal Ye.r 0 Continued to:
other
Advertised:
Funding Source:
o Capital
Improvement:
o
OptrlUng:
[iJ Other: elF
Attachments:
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Submitted by:
cliJ!:'
D.lle:
Paper:
m Not Required
Affected partie.:
o Notified
m Not Required
Appropriation Code
ISBG -47G00-l461100.f 18.000
Agreement
o None
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· Proposals were solicited in October, 1996, from providers of managed care services. Proposals
were reviewed from ,CarVel Corporation, eRA Managed Care, Incorporated, Diversi Med,
Incorporated, The Vincam GrouPI Incorporated, Genex Services in conjunction with Bayeare
Health Network, Humana, Incorporated, and RisCorp. An RFP review committee reviewed these
proposals and now recommends CarVel Corporation to provide these services to the City.
. 'CarVel Corporation is a publicly held California, corporation authorized to conduct business in
Florida. It has headquarters in Irvine, California and its stock trades OTe with the symbol CRVL.
CarVel will perform its managed care services for the City from its Tampa, Florida office.
. The proposal submitted by CarVel is recommended because it appears to be a managed care
network with the greatest capability and flexibility to adequately take care of the Cityts needs and
provide the workers' compensation services for state mandated managed care which best
complements the workers' compensation services now provided by the City in-house through its
Risk Management Division. The attached agreement incorporates the terms of the CarVel
proposal.
. Funding for this project in a sum now considered adequate to meet anticipated expenditures for
the balance of Fiscal Year 96/97 Is Included in the Fiscal Year 96/97 Budget.
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AGREEMENT
Between
CITY OF CLEARWATER
And
CaRVEL CORPORATION
This document represents an agreement between the City of Clearwater, hereinafter referred to as
"CITY'\ andCorVel Corpomtion, hereinafter referred to as "CaRVELl!.
The purpose of this agreement is to establish a business relationship between the parties hereto
for the purpose of developing and implementing a comprehensive workers~ compensation
managed care arrangement (MeA) for the CITY in the State ofFJorida, with regard to the
, servicing of CITY'S injured employees whose claims are self-administered by the CITY in
compliance with Chapter 440, Florida Statutes (Florida Workers' Compensation Law).
In consideration of the premises hereof, and the mutual promises and agreements made herein,
the parties hereto, intending to be legally bound, hereby agree to the provisions set forth in this
agreement and in the CITY'S Managed Care Arrangement which include, but are not limited to
the following:
OBLIGATIONS OF CORVEL:
1) CORVEL will develop and maintain, through credentialing and re~credentiaIing of:
medical providers, the operations of a MeA Preferred Provider Network (CorCare) in
the service area consisting of Pinellas, Hillsborough, and Pasco Counties which
include primary care physicians and other medical specialist, and other health care
providers satisfactory to CITY, to include hospitals, clinics, and ancillary health care
services.
2) CORVEL will implement and maintain utilization management programs and services as
defined in the MeA.
3) CORVEL will assist, through communication with CITY'S workers' compensation
adjuster(s), the CITY'S injured employees with grievance procedures as defined in
the MeA.
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4) CaRVEL will develop and maintain the CorCare Network Quality Assurance
, program and provide case management services as defined in the MCA.
5) CaRVEL will assist CITY with MeA educational seminars.
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6) CaRVEL will assist CITY with preparation of its MeA and file the same with
Florida's Agency For Health Care Administration (AHCA) along with semi-annual
updated provider lists as provided by Florida law.
7) CaRVEL will invoice CITY monthly for use of its medical care network and its
managed care services in accordance with the pricing schedule set forth in
paragraph 19 hereof.
8) . CaRVEL will provide sample education materials for CITY and will assist CITY
with proper distribution of such materials.
9) CaRVEL will provide directory updates to CITY for appropriate channeling into
the CorCare Network.
10) CORVEL will provide reports to CITY monthly substantiating cost savings through
the CITY'S MeA.
11) CORVEL will work with CITY workers' compensation adjusters to:
a) Notify employees of the necessity of using the MCA;
b) Direct employees to CorCare providers;
c) Assist employees with return to work opportunities.
!,
OBLIGATIONS OF CITY:
12) CITY will refer all inpatient and outpatient invoices, except phannacy invoices to caRVEL
for all workers' compensation cases regardless of date of accident. CORVEL will then
review each invoice submitted, reduce to fee schedule, apply all PPO discounts, and return
the invoice to CITY in adequate time for CITY to pay each invoice within the time allotted
for payment of invoices pursuant to Florida Workers' Compensation Law. Hospital invoices
shall be audited by COR VEL only if requested by CITY.
2
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13) CITY shaH pay CORVEL for services rendered within thirty (30) days of the date of
receipt by CITY of an invoice fTom CORVEL.
MISCELLANEOUS PROVISIONS;
14) The term of this agreement is for a period of one (I) year from its effective date. This
agreement may be renewed for two (2) additional one (I) year periods on the same terms and
condition if mutually agreed to by the parties hereto. Notice of intent to renew will be given
by each party within sixty (60) days of the expiration date.
15) The terms of paragraph 14 hereof to the contrary notwithstanding, this agreement can be
terminated by either party with or without cause upon thirty (30) days written notice
submitted at any time. It is the expressed intent of the parties that the business relationship
between the parties hereto shall last only so long as the parties are mutually satisfied with the
business relationship existing between th,e parties.
16) CORVEL, will, at its own expense, maintain, at all times during the term ofthe
agreement, the required professional Jiability, errors and omissions, workers'
compensation, general Wld auto liability insurance coverages as set forth on Exhibit
A attached hereto and made a part hereof.
17) This contract is expressly conditioned upon CORVEL adding to either its provider network
or to CITY'S MeA those medical providers desired by CITY ~ particularly Morton Plant
Hospital and its affiliated Mease hospitals.
18) CaRVEL shall be responsible for the recommendations, acts or omissions of any of
its employees, agents, representatives, or independent contractors in connection
with the provision of its managed care services as described in its marketing
brochures and/or service proposals or RFP response as provided to CITY, and shall
indemnifY, defend, and hold harmless CITY, its agents, representatives, elected
officials, and employees, from any claims, actions, suits, proceedings, costs,
expenses, dwnages, injuries, and liabilities, including attorney's fees, arising from its
recommendations, acts or omissions. The above stated rights to indemnification shall
not apply (a) to any case where CITY, its agents, representatives, or employees in any
way modify or disregard CORVEL'S recommendations or fail to implement them in
a timely manner or (b) to the extent the cause of action or liability arises from the
negligent acts or omissions or willful misconduct of CITY, its employees, agents,
employees, elected officials, or representatives.
3
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19) The parties hereby agree to CORVEL'S prices for its managed care services to CITY
as follows:
a) Standard fees are $1.25 per line (line means CPT code) with a two (2) line
minimum for review of invoices for medical services covered by the State of
Florida's workers' compensation fee schedule;
b) Standard fees are $1.40 per line with a two (2) line minimum for review of
invoices for medical services not covered by the State of Florida's workers'
compensation fee schedule;
c) A fee of $68.00 per hour for telephonic and field case management of cases that
are specifically referred to CORVEL by CITY;
d) If CITY uses, which it is not required to use, CorCare RX Pharmacy program
CORVE~ shall receive 30% of any savings, with no charge to be made ifno
savings occurs.
e) CORVEL shall receive 30% of any savings generated from its PPO re-pricing
based on medical provider discounts that CaRVEL has negotiated into its
managed care network.
f) Bqsed on the anticipated usage of COR VEL'S Managed Care Network by City
and the level of expenditures for workers' compensation medical benefits paid by
the City in the past two years, together with the PPO savings to inure to the City
by virtue of City's use of the CORVEL Managed Care Network, the parties
anticipate a net expenditure annually by CITY of less than $25,000.
20) The effective date of this agreement will be January 1, 1997, but if the City Attorney
of Clearwater determines that this agreement needs to be ratified and confirmed by
the Clearwater City Commission, then this agreement will be voidable by CITY
until such time as the agreement is ratified and confinned by the Clearwater City
Commission. '
caRVEL CORPORATION,
a, Delaware Corporation
CITY OF CLEAR WATER,
a Florida Municipal Corporation
By
Its Legally Authorized Representative
Date:
By
City Manager
Date:
4
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EXHIBIT A
to
Agreement
Between
CITY OF CLEAR WATER
And
CaRVEL
Dated
December, 1996
INSURANCE REQUIREMENTS
I
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1.' Insurance. CaRVEL shall furnish, pay for, and maintain during the life of the contract with
the ~itythe insurance coverages shown below:
a. General Liability insurance on an"occurrence" basis in an amount not less than
$500,000 combined single limit Bodily Injury Liability and Property Damage
Liabili ty .
b; Business Auto Liability insurance on an "occurrence" basis in an amount not less
than $500,000, for liability arising out of operation, maintenance or use of any auto,
including owned, non-owned and hired automobiles and employee non-ownership
use.
c. Worker's Compensation Insurance applicable to its employees, if any, for statutory
coverage limits in compliance with Florida laws.
d. Professional LiabHity/MaJpractice/Errors or Omissions Insurance with minimum
limits of$I,OOO,OOO per occurrence.
2. Additional Insured. The City is to be specifically included as an additional insured on all
liability coverage described above.
3. Notice of Cancellation or Restriction. All policies of insurance must be endorsed to provide
the City with thirty (30) day's notice of cancellation or restriction.
4. Certificates oflnsurance/Certified Copies of Policies. CORVEL shall provide the City with
a certificate or certificates ofinsurance showing the existence of the coverages required by its
contract with the CITY. CORVEL will maintain these coverages with a current certificate or
certificates of insurance throughout the term stated in the proposal.
When specifically requested by City in writing, the Vendor will provide City with certified
copies of all policies of insurance as required above. New certificates and new certified
copies of policies, if certified copies of policies have been requested, shall be provided City
whenever any policy is renewed, revised, or obtained from other insurers.
1
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5.', The address where such certificates and certified polices shall be sent or delivered is as
follows: ,
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City of Clearwater
Attention: Risk Management
P.O. Box 4748 '
Clearwater, FL 3461 8~4748
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Clearwater City Commission
Agenda Cover Memorandum
I~
Item "
Heetlng Dete: t I q · q 7
SUBJBCTI
Marina Restaurant Lease Agreement.
RBCOMMENDATION/MOTION:
Approve the Lease Agreement to Thomas C. Wolkowsky and Patricia A. Wolkowsky,
d/b/a Marina Restaurant, from January 9, 1997 until January 8, 2002, a five (5)
year period, plus ten (10) percent of yearly gross sales exceeding $200,000.00,
with an additional five (5) year option, with five (5) percent increase in 2002
mi and that the appropriate officials be authorized to execute same.
SUHHARY:
* Edward H Metallo and Ursula M. Metallo entered into a five (5) year lease
with the City of Clearwater for the Marina Restaurant on October 1, 1991.
* On April 8, 1996, Thomas C. Wolkowsky and patricia C. Wolkowsky purchased
the Marina Restaurant from Mr. & Mrs. Metallo.
* The Lease Agreement expired on September 30, 1996, and Mr. & Mrs.
Wolkowsky were placed on a month-to-month basis on October 1, 1996.
* The city asked Mr. & Mrs. Wolkowsky to make major renovations to the
Marina Restaurant, as a condition of a new Lease Agreement. Mr. & Mrs.
Wolkowsky have spent the past four months getting the renovation design, costs
and financing.
* Fowler Associates Architects, Inc. was hired by Mr. & Mrs. Wolkowsky to
develop the design plans for interior renovations of the restaurant. Exhibit D
of the Lease Agreement includes the design plans.
* Mr. & Mrs. Wolkowsky have a proposal from Kirk Construction & Development,
Inc. for $39,190.96 to complete the work. The renovations include new floor
tile, new counter resurface, new air handler, one commercial media air cleaner
with absorber kit" new door on the north wall, wrought iron fencing for
outside area, new window, painting of kitchen, bath & dining area, electrical
upgrade, plumbing, new booths with tables, and other improvements. Exhibit D
Revi ewed by:
Lege l
Budget
Purchasing
Risk Mgmt.
CIS
ACM
Other
~
~
Originating Dept: It (
Karine VV
Costs: S MIA
Total
lber DqJt:
S N/A
Current Fiscal Yr.
C~ission Action:
o Approved
o Approved wIeand I tions
o Denied
o Continued to:
Harlne
flrding Source:
o tapl tal IIIF.
o Operat I n9
o Other
Attacl-ecntll:
1. Harlna Restaurant Lease
Agreement.
2. Lo~n approval memo.
, .,,,V I
Advertised:
Date: MIA
Peper: filA
o Not Requl red
Affected Parties
o Notified
o Hot Requf red
Appropriation Code:
o None
sw.i tted by:
'Cit~~
o Printed on recyclod paper
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identifies all the work and costs from Kirk Construction & Development, Inc.
· Mr. & Mrs. Wolkowsky have been approved by the Economic Development loan
committee for a small business loan of $35,000.00 to pay for the renovations.
Attachment 2 is a memo on the loan approval, which is conditional upon a copy
of the executed lease. The lessee will make up the difference on the costs for
renovations out of pocket.
* Because Mr. & Mrs Wolkowsky are making a major investment with the
renovations of the space, the lease includes a five (5) year option with a five
(5) percent increase on January 9, 2002.
* The Karina Restaurant has a total of 1,270 square feet, as measured by
Measure Masters Floor Planning & Blue Print Service.
* The new lease calls for an increase in rent from $1,300.00 to 1,428.75,
which is $13.50 per square foot. The lessee is also required to pay an
additional amount equal to ten (10) percent of yearly gross sales exceeding
$200,000.00. A Consumer Price Index (CPI) increase is included in each year of
the lease starting on January 1, 1999.
* The Harbormaster will be notified in writing when the renovation work is
to start and when it is completed. The contractor is also required to have all
permits and be bonded in an amount equal to 100% of the cost of construction.
, * Rental payments will not be required by the lessee during the construction
period, which is estimated to be thirty (30) days. The lessee will have sixty
(60) days from the date of execution of the lease to complete all the work. In
the event the improvements are not completed and properly permitted within the
sixty day time frame, the lease will be terminated and the lessee will have
thirty days to vacate the premises.
* The lease includes a personal guarantee from the lessee in the amount of
$85,725.00.
* Exhibit E includes the Marina Restaurant menu. Any changes, additions or
modifications to the menu must be approved by the city, whose consent shall not
be unreasonably withheld.
* All employees of the lessee will be required to park their private
vehicles in the Memorial civic Center parking lot or other parking area
designated by the Harbormaster.
* The renovations include the installation of one commercial media air
cleaner, with absorber kit, to remove cigarette smoke from the restaurant
space.
* The lessee is required to pay all taxes, insurance, utilities and
maintenance of the space through out the term of the lease.
. Staff recommends approval of the Lease Agreement for the Marina Restaurant
to Thomas C. Wolkowsky and Patricia A. Wolkowsky.
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LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this of
January, 1997, by and between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter referred to as "Lessor", and Thomas
c. Wolkowsky and Patricia A. Wolkowsky, d/b/a Marina Restaurant, 25
Causeway Boulevard, Clearwater, Florida 34630, hereinafter referred to
as "Lessee."
. I T N B SSE T H :
That in consideration of the covenants herein contained of the
granting of this lease and the sums paid and to be paid hereunder, the
Lessor hereby leases to the Lessee and the Lessee hereby leases from
the Lessor according to the terms, conditions and covenants herein
contained the following described premises in the city of Clearwater,
Pinellas County, Florida, to wit:
See attached Exhibit itA."
THE PARTIES HERETO HEREBY COVENANT AND AGREE AS FOLLOWS:
1. The term of this lease shall be for five (5) years beginning
, 1997, and ending , 2002, with an additional
five (5) year option with a five (5) percent increase. The Lessor
retains the right,to terminate this lease for any municipal purpose
consistent with the Lessor's charter upon 30 days written notice to
lessee; and, in addition, Lessor may terminate this lease if the State
of Florida or any of its aqenciaa or political subdivisions thereof
acquire the demised property or any portion thereof for a public
purpose. This right of termination is in addition to the right of
termination set out in paragraph 14 of this Agreement.
2. The Lessee hereby covenants and agrees to pay rental thereof
as follows:
a. To pay the total Gum of $a~,725.00 for the 60 month term
of this lease, which shall be paid in equal monthly payments of
$1,428.75. Each monthly payment shall be due and payable on the first
day of the month, and shall be delinquent if not paid on or before the
fifth day of the month. Also, a consumer price index (CPI) increase
will be added to the rent payment starting on January 1, 1999 and
continuing on January 1st of each year of the lease. In addition to
the monthly rental, the Lessee shall, at the end of each lease year,
pay an additional amount equal to ten (10) percent of yearly gross
sales exceedinq $200,000.00 throughout the term of this lease. This
payment will be made along with the Lessee's payment of the monthly
rental for the first month of each lease year beginning with the
second lease year. The Lessee will provide the Lessor within 15 days
after the end of each month during the term of this lease a statement
showing the amount of gross sales during that month. The statement
used by the Lessee to report such sales will be in a form satisfactory
to the City Manager or his designee, showing the amount of gross sales
for the month being reported and the amount of year-to-date gross
sales for the lease year. The term "gross sales" as used in this
paragraph means the entire amount of actual sales receipts, whether
for cash or otherwise, for all sales conducted in, on or from the
premises. No deduction shall be allowed for uncollected or
uncollectible credit accounts. Such 'term shall not include, however,
any sums collected and paid out for any sales or excise tax imposed by
1
an governmental authority wherein Lessee is regarded as the collecting
agent.
b. Any amount due from Lessee to Lessor under this lease
which is not paid before the day the payment becomes delinquent shall
bear interest at the rate of fourteen (14%) percent per anum from date
due until paid, plus a late charge of Ten Dollars ($10.00) to cover
Lessor's expenses in collecting such delinquency.
c. In addition to the first month's rent of $1,300.00,
which is held by the city, the Lessee shall pay an additional $128.75
in advance as a deposit to secure the faithful performance of the
Lessee's obligations hereunder. The Lessor may deduct from the
deposit any amount which might become due from the Lessee to the
Lessor for damage to the premises or for any reason or cause
whatsoever except rent. At the end of the term of this lease, the
deposit amount or the balance thereof, if any, shall be credited to
Lessee's last monthly rental payment.
3. The demised premises shall be used only for the purpose of
conducting therein the business of a full service restaurant, and is
limited to serving the items on the menu attached as Exhibit E. Any
changes, additions or modifications to Exhibit E must be approved by
City Manager or his/her designee in writing, whose consent shall not
be unreasonably withheld.
4. The Lessee hereby covenants and agrees to make no unlawful,
improper, or offensive use of the leased premises. Lessee further
covenants and agrees not to assign, mortgage, pledge, hypothecate or
sublet this lease or any ot its right herein in whole or in part
without the prior written consent of Lessor. The consent of Lessor to
any assignment, mortgaging, pledging, hypothecating or subletting
shall not constitute a waiver of the necessity for such consent to any
subsequent assignment, mortgage, pledging, hypothecating or.
subletting. This paragraph shall be construed-to include a
prohibition against any assignment of subletting by operation of law.
If this lease is assigned, or if the premises or any part thereof are
sublet or occupied by anybody other than Lessee, Lessor may collect
rent from the assignee, sub-tenant or occupant. and apply the net
amount collected to the rent herein required, but no such occupancy or
collection shall be deemed a waiver of this covenant, or the
acceptance of the assignee, sub-tenant or occupant as tenant, or a
release of Lessee from the further performance by Lessee of covenants
on the part of Lessee herein contained. If at any time during the
term of this lease, any part or all of the corporate shares of Lessee
shall be transferred by sale, assignment, bequest, inheritance,
operation of law or other disposition so as to result in a change in
the present effective voting control of Lessee by the person, persons
or entity which presently is the ultimate owner of a majority of such
corporate shares on the date of this lease, Lessee shall promptly
notify Lessor in writing of such change. If the new owner is a
private or public corporation, Lessor shall promptly advise Lessee if
it has any objections thereto and the reasons therefor. Lessor may
terminate this lease any time after such change in control by giving
Lessee ninety (90) days prior written notice of such termination, such
notice to be provided within thirty (30) days following the time
period provided to Lessee. Lessee shall not permit any business to be
operated in or from the premises by any concessionaire or Licensee.
5. Lessee agrees that it will promptly pay all ad valorem real
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property taxes and personal property taxes that may be assessed and
filed against the demised property or the leasehold created by this
agreement, or both, during the term of this lease. Lessee further
agrees that it will pay any state sales tax due on the rental payment
made by the Lessee to the Lessor and that it will pay all other taxes
~n~ tees, includinq, b~t not limited to, Occyp~tion~l licenoG,
beverage license, and permits relating the operation of the business
conducted on the demised premises, which are required by law. Nothing
herein shall obligate Lessee to payor to reimburse Lessor for the
payment of assessments for permanent improvements, including but not
limited to sidewalks, sewers, and streets, that would benefit the
demised premises.
6. The Lessee hereby covenants and agrees to pay all bills for
electrical service to the premises when due, which service shall be
provided by Florida Power corporation, in accordance with the
company's rates and billing. At no expense to the Lessee, the Lessor
agrees to furnish a refuse disposal location and a refuse disposal
container located outside the demised premises for the use of the
Lessee.
7. The Lessee further covenants and agrees to operate the
business authorized to be conducted on the premises three hundre&
sixty five (365) days a year during the term of this lease, except for
any period of time involved in natural disasters, including
governmental orders or requirements such as evacuation for hurricane
preparations, and any time necessary to repair or replace any damage
caused to the demised premises by as natural disaster.
8. The Lessee assumes full responsibility for and covenants and
agrees to save harmless and indemnify the Lessor from any and all
liability for damage to property and injury to persons resulting from
or in connection with the Lessee's use and occupancy of the demised
premises under this lease. In addition, during the term of the lease,
Le&5ee ahall at LeSiee's expensa obtAin and maintain iniur~nQo
coverage conforming to the requirements in Exhibit "B" attached
hereto.
9. If at any time during the term of this lease, the building or
premises or any part, system or component hereof (hereinafter, the
'1demised premises") shall be damaged or destroyed to the extent that
the Lessee cannot operate the business authorized to be conducted
thereon, and the Lessor determines that said demised premises can be
restored by making appropriate repairs, the monthly rent as provided
for in paragraph 2a above shall abate until the demised premises have
been restored or until commencement of business by the Lessee,
whichever is sooner.
If the demised premises shall be totally destroyed or so damaged
as to render it practically useless during the term of this lease,
then and in that event, 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.
In the event of damage or destruction as enumerated above, and
except as otherwise specifically provided under this agreement, both
parties waive any and all rights of recovery against the other party
for any direct or indirect loss occurring to the demised premises or
as a result of damage or destruction of the demised premises.
In the case of demolltion and reconstruction of the Marina or
major renovation by construction, the Lessee shall be given the first
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opportunity to bid for similar space, provided that space for Lessee's
type of business is allocated therein.
10. Except as otherwise provided herein , upon the happening of
anyone or more of the following events ("Events of Default"):
a. Lessee's default in the payment of any rental or other
sums due for a period of five (5) days after the due date;
b. LeaS8Q'a continued default with respect to any other
covenant of this lease for a period of fifteen (15) days after receipt
of written notice. of such default by Lessee from Lessor, provided
that if such default reasonably requires more than fifteen (15) days
to cure, there shall be no Event or Default if Lessee has commenced
curative action with the fifteen (15) day period and diligently
prosecutes such action to completion;
c. There shall be filed by or against Lessee in any court
pursuant to any statute either of the united states or of any state, a
petition in bankruptcy or insolvency or for reorganization or
arrangement, or for the appointment of a receiver or trustee of all or
a portion of Lessee's property, or if Lessee makes an assignment for
the benefit of creditors or if there is an assignment by operation of
law, or if Lessee makes application to Lessee's creditors to settle or
compound or extend the time for payment of Lessee's obligations, or if
execution, seizure or attachment shall be levied upon any of Lessee's;
property or the premises are taken or occupied or attempted to be
taken or occupied by someone other than Lessee; however, in the event
of execution, seizure or attachment, Lessee may post a bond
satisfactory to Lessor which bond shall stay the default reSUlting
from any execution, levy, seizure or attachment for a period of 120
days. Failure to remove the levy, seizure or attachment within the
120 day period shall constitute an Event or Default, and the bond
posted shall be forfeited; or
d. Lessee's vacating or abandoning the premises for more
than ten (10) days; then Lessor, at its option, may exercise anyone
or more of the followinq remedies which shall be cumulative;
(1) Terminate Lessee's right to possession under this
lease and re-enter and take possession of the premises, and relet or
attempt to relet the premises on behalf of Lessee; however, such
reletting or attempt to relet shall only involve a prospective tenant
capable of providing comparable or better type service, at such rent
ana under such terms and conditions as Lessor may deem best under the
circumstances for the purpose of reducing Lessee's liability, and
Lessor shall not be deemed to have thereby accepted a surrender of the
premises, and Lessee shall remain liable for all rents and additional
rents due under this lease and for all damages suffered by Lessor
because of Lessee's breach of any of the covenants of this lease.
Said damages shall include, but not be limited to, charges for removal
and storage of Lessee's property, remodeling and'repairs, leasing,
commissions and legal fees. In addition to its remedies hereunder,
Lessor may accelerate all fixed rentals due under this lease, in which
event the Lessee shall be liable for all past due rent, accelerated
rent and damages as described above; however, with respect to the
accelerated rent, Lessor shall receive only the present value of such
accelerated rent. At any time during repossession and relettinq
pursuant to this subsection, Lessor may by delivering written notice
to Lessee, elect to exercise its option under the following
subparagraph to accept a surrender of the premises, terminate and
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cancel this lease, and retake possession and occupancy of the premise
on behalf of Lessor.
(2) Declare this lease to be terminated, whereupon the
term hereby granted and all rights, title and interest of Lessee in
the premises shall end and Lessor may re-enter upon and take
possession of the premises. Such termination shall be without
prejudice to Lessor's right to collect from Lessee any rental or
additional rental which has accrued prior to such termination together
with all damages, including, but not limited to, the damages specified
in subparagraph (1) of this paragraph which are suffered by Lessor
because of Lessee's breach of any covenant under this lease.
(3) Exercise any and all rights and privileges that
Lessor may have under the laws of the State of Florida and the united
states of America.
11. a. The Lessee hereby agrees to perform certain improvements
to the demised premises, which are identified iJ" Exhibit 0 of the
lease. The Lessee will have sixty (60) days from the date of
execution of the lease to complete all improvements and obtain all
necessary government permits for the demised premises. In the event
the improvements are not completed and properly permitted within the
sixty (60) day time frame, the lease will be terminated and the Lessee
will have thirty (30) days to vacate the premises. All the
improvements shall be performed at the expense of the Lessee. Lessee
shall require prior to the construction described in Exhibit 0,
Contractor's Liability Insurance for at least $500,000 to protect the
lessor and lessee as additional insured.
b. The Lessee hereby covenants and agrees to keep and
maintain the premises and fixtures located herein in good condition
and repair during the term of this lease and any extension hereof, and
to return the premises to the Lessor upon the expiration of the term
hereof in as good condition as they now are, ordinary wear and tear
and damage by the elements only excepted. No alteration or
improvements may be made to the premises without the written consent
of the Lessor. Any and all fixtures attached to the premises shall
revert absolutely and become the property of the Lessor upon the
expiration of the term hereof; provided, however, that the Lessor at
its option may require the Lessee to remove all fixtures, partitions,
racks, shelves or other improvements from the premises upon the
expiration of the term of the lease at the cost of the Lessee. Any
damage to the premises occasioned by said removal shall be repaired at
the Lessee's expense.
12. The Lessee, at its own cost, may place only window, wall or
canopy signs on the demised premises, provided said signs are approved
as to color, style and letter size by the Harbormaster of the Lessor,
and additionally conform to the sign ordinance of Lessor presently in
force or as may be amended from time to time during ,the term of the
lease. No other signs shall be placed or maintained by the Lessee on
the premises. Any nonconforming sign now on the premises shall be
removed by the Lessee within 30 days of approval of the lease. The
Lessee ,shall, upon expiration or termination of the lease, completely
remove any and all signs that have been placed on the leased premises
by the Lessee.
13. If at any time during the term of the lease the Lessee is
authorized to make improvements to the demised premises, Lessee agrees
in such event to indemnify and save harmless the Lessor as follows:
5
a. For any mechanic's lien which may be asserted as a claim
against the leased property; and
b. For the faithful performance of the covenants contained
in paragraph 11 above; and
c. To obtain from the contractor a good and sufficient
performance and payment bond signed by a reputable insurance company
doing bu.in... in Florida, which bond .hall b. in an amount equal to
one hundred (100%) percent of the cost of construction of the
contemplated improvements to the demised premises, guaranteeing that
the improvements will be completed and that subcontractors, laborers
and materialmen will be paid in accordance with the contract for the
improvements.
14. In the event of the aoquisition of this property or any
portion thereof by exercise of proper authority, by any governmental
agency other than Lessor, whether by eminent domain or otherwise, it
is understood and agreed that notification of the institution of such
action shall be promptly given Lessee, so the Lessee may intervene in
such action as a party. Lessee agrees to comply with the results of
any such actions, and agrees to release and hold the lessor harmless
from any damages resulting thereof.
15. Lessor covenants and agrees that upon payment by Lessee of
the rents herein provided, and upon observance and performance by
Lessee of all the covenants, terms and conditions required of the
Lessee by the lease, Lessee shall peaceably and quietly hold and enjoy
the leased premises for the term of the lease without hinderance or
interruption by Lessor.
16. Notices hereunder shall be given only by registered or
certified mail, and shall be deemed given when the letter is deposited
in the mail, postage and other charges prepaid, addressed to the party
for whom intended at such party's address first herein specified or to
such other address as may be substituted therefor by proper notice
hereunder. Lessor's notices shall be directed in care of its Law
Department at the above-cited address.
17. As required by Section 404.056(8), Florida statutes, the
Lessee shall take notice of the following:
RADON GAS: Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed
federal and 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.
18. The undersigned shall personally guarantee to Lessor the
timely performance of all covenants and provisions of this Lease
Agreement, including, but not limited to the timely payment of all
rent due hereunder.
19. Additionally, the Lessee and all his/her employees will park
their private vehicles in the Memorial Civic Center parking lot or
other parking area designated by the Harbormaster.
20. The Lessee will install and maintain a commercial media air
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cleaner, with absorber kit, to remove smoke from the space. This unit
will be operated at all times the restaurant is open for business.
21. This lease agreement constitutes the entire contract between
Lessor and Lessee concerning the leasing of the premises and
consideration thereof.
22. In the event either party seeks to enforce this agreement or
interpret any provision thereof by law, or through attorneys at law,
each party agrees to pay for its own attorneys fees and costs, and
that jurisdiction shall be in a court of competent jurisdiction in
Pinellas County, Florida.
IN WITNBSS WBERBOP, the parties hereto have set their hands and
seals this day of , 199_
Countersigned:
city of Clearwater, Florida
Rita Garvey
Mayor-Commissioner
By:
Elizabeth M. Deptula
city Manager
Approved as to form and
legal sufficiency:
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John C. Carassas
Assistant city Attorney
Attest:
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Cynthia E. Goudeau
City Clerk
WITNESSES:
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By:
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E)(}libit "A"
LEGAL DESCRIPTION
Marina Restaurant s~ace, Clearwater Marina Building, located on Lots
11 and 12 of city Park Subdivision, according to the map or plat
thereof as recorded in Plat Book 23, page 37 of the public records of
Pinellas County, Florida.
Exhibit nB"
INSURANCE REQUIREMENTS
1. Liabili~v Insurance. Lessee shall maintain:
a. Comprehensive General Liability insurance to
include premises/operator liability and electrical
liability in an amount not less than $300,000
combined single limit Bodily Injury Liability and
. Property Damage Liability.
b. comprehensive Plate Glass Insurance on a
replacement cost basis 'covering loss or damage by
any means, except by fire, or war, whether
declared or not, to the plate glass windows in the
demised premises.
c. Workerls compensation Insurance applicable to its
employees for statutory coverage limits in
compliance with Florida laws.
2. Additional Insurance. The city is to be specifically
included as an additional insured on all liability coverage
described above.
3. Notice of Cancellation or Restriction - All policies of
insurance must be endorsed to provide the City with thirty
(30) days notice of cancellation or restriction.
4. Certified copies of Policies. The Lessee shall provide the
Lessor (city's Risk Management Office) with certified copies
of all policies as required above before occupancy of the
demised premises, and from time to time as the policies may
be' renewed, revised or oqtained from other insurers.
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BXHIBIT "c"
GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT
Guaranty is made this day of Januarv. 1997, by ~homos c.
WOlkowsky and PatriQ~a A. Wolkowsky of Marina Restaurant, city of
Clearwater, County of Pinellas, state of Florida, herein referred to
as "Personal Guarantors":, being the owners respectively, of the
Marina Restaurant herein referred to as "Obligor":, to CITY OF
CLEARWATER, C/O city Attorney, P.o. Box 4748, Clearwater, Florida
34618-4748, herein referred to as "Obligee".
RECITALS
1. Obligee has leased premises at 25 Causeway Blvd. to obligor,
whose business address is 25 Causeway Blvd., city of Clearwater,
County of Pinellas, state of Florida, for use by Obligor in conducting
its business of a restaurant.
2. The lease is conditioned upon guarantors giving security for
payment of rent thereunder in the form of a personal guaranty.
SECTION ONE
STATEMENT OF GUARANTY
Guarantors guarantee payment of rent under the attached lease
agreement pursuant to the terms thereof. If obligor defaults in the
payment of any installment of rent, guarantors shall pay the amount of
such installment within 30 days after receipt of notice of default and
demand for payment. Guarantors liability hereunder shall not be
affected by reason of any extension of time for payment of any
installment granted by obligee to obligor.
SECTION TWO
DURATION
This guaranty shall not be revoked during the five year term of
the lease. Thereafter, if the lease is renewed on the same terms,
this guaranty shall remain in force until receipt by obligee of
written notice of revocation from guarantors, or until terminated
pursuant to section Three hereof. Renewal of the lease on different
terms shall, at the option of the guarantors, operate to terminate
this guaranty as of the end of the five year'period.
SECTION THREE
LIMITATION OF LIABILITY
The maximum amount recoverable by obligee from guarantors
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pursuant to this guarantee is S85.725.00, which amount is equal to the
total rent due during the initial five year term of the lease. If the
aggregate of payments made by guarantors hereunder reaches the above-
mentioned amount, this guaranty shall terminate immediately.
SECTION FOUR
WAIVER OF NOTICE OF ACCEPTANCE
Notice of acceptance of this guaranty is expressly waived.
IN WITNESS WHBRBOP, guarantors have executed this guaranty at
the day and year fir~t above wri ten.
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WITNESS
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EXHIBIT 0
Attached to this exhibit are the major improvements to the demised
premises to be completed by and at the expense of the Lessee.
DesiqnPlari from Fowler Associates Architects, Inc. show the
improvements to the ,interior customer seating space inside the Marina
Restaurant. '
The total costs to complete the work from Kirk Construction &
Development, Inc. under the PROPOSAL dated December 2, 1996 is
$39,190.96~ The Lessee will obtain all required permits before
construction starts.
The city Harbormaster will be noted in writing when the work is to
start'and when it is completed.
During the construction period, which is estimated to ,be thirty (30)
days, the Lessee will not be required to pay rent. The rental amount
will be prorated on a daily basis at $47.63 per day.
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KIRK CONSTRUCTION
& 0 EVE LOP MEN T, INC.
PROPOSAL
December 2, 1996
Proposal Submitted to:
Marina Restaurant
2S Causeway Blvd.
Clearwater Beach, FL 34630
Job Description & Location:
We propose to furnish labor and materials to remodel existing dining area as per the plans submi<<ed by Fowler
Associates Architects. Inc.
1. Ceramic tile floor w/marble threshold @ kitchen - wi matching navy stoop
around counter and matching tilo up to window height. S 6,800.00
(Tite allowance of 900 sq. ft. @ $2.85 sq. It)
2. Remove and replace counter w/new shelvIng behind formica front and top.
Remove 2 Inches from width alt around. Plus pass-through opening on S.E. end. $ 3,000.00
3. Relocate prescnt Air Handler with new 4-Ton Air Handler. S 1,900.00
38. For 5.Ton Air Handler Add $ 100.00
4. Install one commercial media air cle<i.ner. Model M1100 w/absorbcr kit. S 1,627.04
5. Check existing fluorescent lighting. Replace ballast as needed, new lens $ 500.00
6. Cut opening In North walt, Install new store front door. S 1.800.00
7. Wrought, Iron fencing for outsIde dining area and remove planter
and replace with pavers to match existing $ 1.200.00
8. Remove plywood and replace South window w/glass $ 125.00
9. Paint kitchen. bath and dining area. $ 1,600.00
10. Eloctrical upgrades - Install single main panel In kitchen to replace single $ 5,000.00
disconnects.
10 a. To upgrade main panel next to pass through In kitchen add $ 700.00
11. Wood molding strip around ceiling and lights $ 600.00
12. Plumbing as needed for construction and/or new equipment. $ 500.00
Allowance
Ol!ncr.1 Conlr.clou · I:L. L;c, NeB C052216
300-:', .\\.,Jifi'l1/\wnll~', Suil~' 7 · CI,'.,.-w.lkr, Fl'fri,1., 3~()16 · 1$131-t-f.,7.1\11~1\. F'l' ($13l ..(.r/.3i66
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KIRK CONSl.~UCl.~ION
& D EVE LOP MEN T, INC.
MARINA RESTAURANT PROPOSAL (continued)
13. AU new booths wJtablo tops. $ 6,000.00
14. 4-lnch canvas awnIng around soffit In dining area $ 150.00
15. Supply and hang two (2) new fans $ 150.00
16. Recondition and re-cover all stools $ 400.00
17. Construction Supervision and Schedullng $ 1.400.00
Sub-Total $ 33,552.04
Contractor Overhead and Profit $ 5,638.92
Total Labor and Materials to complete the above... ... ... ... ... ... ... ... ... ... ... ... ...... ...
S 39,190.96
Tenus of Payment: Progress Draws
We hereby propose to furnish labor and materials, complete in accordance with the above specifications for lhe
estimated sum of: Thirty Nine Tltollsand Olle Hundred Ninety dollars and 96/100
All material is to be guaranteed to be as specified. All work to be completed in a workmanlike manner according
to standard practices. Any alteration or deviation from above specifications involving extra costs will become an
, extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our
control. This proposal s' acceptance within 30 ys and is void thereafter.
.
SIGNED.
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EXHIBIT E
Attached to this exhibit is the Menu for the Marina Restaurant.
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OAc-1S-96 lO:47AClculrwatsr E'. D.
813-462-6699
Memorandum
CIty of CloatWQtor
EconomIc D.velopmllnt
"'.' I,
DATE: December 18.1996
TO: Bill Held, Harbormaster
FROM: Diane Hufford. Loan Officer
RE: Thomas and Patricia Wolkowsky
DBA MARINA RESTAURANT
, ,
r."
25 Causeway Boulevard
Clearwater Beach. Florida
The Rconomic Development Loan Cummittee hus approved u lof'.n to Thomas and
Patricia WolkowsJ..:y dha Marilla Re,\'(cmraltt, 25 Causeway Boulcvi:\ru, Clearwater Beach
in the umo\lul ofThirt)'.Pive 1110usand uullars (S3S.000),
This 10311 will not be funded llntil aller the leuso asrc:cment for 2S Causeway Boulevard
11asbeen approved at ill!: January 9th. \997 City Commission meeting.
Call me on January 10th &mu I will pick up a copy of the executed lease 50 Joan can b~
closed .
Thanks. '. )
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Interoffice Correspondence Sheet
To:
From:
Elizabeth M. Deptula, City Manager /I~
William C. Held, Jr., Harbormasler (;J {J{;4
Kathy S. Rice, Deputy City Manager
RECE\VED
DEe 3.11996
cc:
CITY MANAGER
Date: December 31. 1996
RE: City Manager Back up for the Marina Restaurant Lease Agreement
Attached Is a copy of the Marina Restaurant Lease Agreement white paper. Sorry we
could not locate a cleaner copy.
The new fixed amount of rent ($1.428.75 per month) is 9.9% higher than the old fixed
rent ($1 ,300.00 per month). There was no increase In the fixed amount of rent In the
old lease for the entire period of the Jease - five years.
Usted below is some additional information on the leases:
FIXED RENT PSF SOFT
% OF GROSS
CPI
OLD
$1.300.00
$10.76
1450.
$144,000.00
NO
NEW
$1.428.75
$13.50
1270
$200,000.00
YES
* This square footage amount for the space was incorrect.
Also, we will not need the two small rooms for a Marina laundry room. We have
Identified another space we can use for the laundry.
Please call me at 6954 if you have any questions.
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BACKGROUNO~
On October 1, 1991, a Lease Agreement was approved for Edward M.
Metallo and Ursula M. Metallo, d/b/a Marina Restaurant, at
Clearwater Municipal Marina, 25 Causeway Blvd., Clearwater, FL.
34630.
The lease was approved for a five (5) year period, with rent
payments of $15,600 per year paid in equal monthly payments of
$1,300. Also, the lessee must pay 10% of the annual gross
revenues exceeding $144,~OO.
The Lessee must pay for all maintenance of the space, taxes,
insurance and utilities.
When the original lease was issued, the city had,the
square footaqe of the Marina Restaurant space at 1,450.
Mr. and Mrs. Metallo operated the Marina Restaurant from
April 10, 1990 until April 8, 1996, when they sold the Marina
Restaurant to Thomas and patricia Wolkowshy.
This lease will expire on September 30, 1996.
COMMENTS:
Based on a laser survey of the Marina building by Measure
M~eLS-~ t.he actual square footage of the Marina Restaurant space
i!;;l 1,270.
~
RECOMMENDATIONS:
\
1. Major improvements tp this space is strongly recommended. It
is the only rental space on the first floor of the Marina
building that has not been upgraded and improved. The major
improvements should include the kitchen, storage and customer
areas. If the current lessee is unable or unwilling to renovate
the Marina Restaurant, the city should not assign a new lease,
but instead advertise the space for a new lessee. If the lessee
is making a large investment to renovate the space, the city may
want to consider a lease period longer than five (5) years.
2. In the event the above recommendation is not approved, a new
ren.tal rate of $19,685 per year paid in equal monthly payments of
~1,640.42 is. recommended. Also, 10% of gross sales exceeding
$144,000.
..
3. It is reconuuended that the Marina Restaurant be a "No
Smoking" restaurant with the ne", lease.
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Page 2
Marina Restaurant Lease
4~ Two small rooms, presently assigned to the Marina Restaurant,
.are recommended to be removed from the leased space. They will
be used by the city for a marina laundry room.
"
5. A Consumer Price' Index increase on January 1st of each year of
th~lease is recommended.
6.A requirement that the lessee and all employees park their
private vehicles in the Memorial Civic Center parkinq lot is
recommended.
'1,,'
7. ,All other terms.and conditions of the city standard Lease
Agreement will apply.
ATTACHMENTS:' .
.+. ...
Current Marina Restaurant Lease Agreement
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See Agenda Drawings
#19 1-9-97
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Clearwater City Commission
Agenda Cover Memorandum
Item ,
Meeting Date: ,. q , q 7
M1\1
~
SUBJECT:
Marina Restaura~t Lease Agreement.
RBCOHMENDATION/HOTION:
Approve the Lease Agreement to Thomas C. Wolkowsky and Patricia A. Wolkowsky,
d/b/a Marina Restaurant, from January 9, 1997 until January 8, 2002, a five (5)
year period, plus ten (10) percent of yearly gross sales exceeding $200,000.00,
with an additional five (5) year option, with five (5) percent increase in 2002
8 and that the appropriate officials be authorized to execute same.
BUMUARY:
* Edward M Metallo and Ursula M. Metallo entered into a five (5) year lease
with the city of Clearwater for the Marina Restaurant on October I, 1991.
* On April 8, 1996, Thomas C. Wolkowsky and patricia C. Wolkowsky purchased
the Marina Restaurant from Mr. & Mrs. Metallo.
* The Lease Agreement expired on September 30, 1996, and Mr. & Mrs.
Wolkowsky were placed on a month-to-month basis on October 1, 1996.
* The city asked Mr. & Mrs. Wolkowsky to make major renovations to the
Marina Restaurant, as a condition of a new Lease Agreement. Mr. & Mrs.
Wolkowsky have spent the past four months getting the renovation design, costs
and financing.
* Fowler Associates Architects, Inc. was hired by Mr. & Mrs. Wolkowsky to
develop the design plans for interior renovations of the restaurant. Exhibit D
of the Lease Agreement includes the design plans.
* Mr. & Mrs. Wolkowsky have a proposal from Kirk Construction & Development,
Inc. for $39,190.96 to complete the work. The renovations include new floor
tile, new counter resurface, new air handler, one commercial media air cleaner
with absorber kit" new door on the north wall, wrought iron fencing for
outside area, new window, painting of kitchen, bath & dining area, electrical
upgrade, plumbing, new booths with tables, and other improvements. Exhibit D
Reviewed b'/:
Legal
Budget
Purchasing
Risk Mornt.
CIS
AQ4
Other
7J?
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Originotfno Dept: II (
Mllrlne IJ.l
costs: S N/"
Total
User Dept:
S N/A
Current Fiscal Yr.
c~issfon Action:
o Approved
o Approved wtconclftfons
o Denied
o Continued to:
Marine
Flrdlng Source:
o Capl tal Jnv,
o Operating
o Other
AttochEnts:
1. Marina Restaurant lease
Agreement,
2, Loon approval memo.
"yl
Advertised:
DDtP.: NIA
Paper: N/A
o No t Requ I red
Affected Partlea
o Hot If ft:d
[] Not Requl red
/lRWoprlatlon Code:
o None
su.ltted bv:
Chjl~
o Printed on recycled paper
~
- 2 -
identifies all the work and costs from Kirk Construction & Development, Inc.
· Mr. & Mrs. Wolkowsky have been approved by the Economic Development loan
committee for a small business loan of $35,000.00 to pay for the renovations.
Attachment 2 is a memo on the loan approval, which is conditional upon a copy
of the executed lease. The lessee will make up the difference on the costs for
renovations out of pocket.
* Because Mr. & Mrs Wolkowsky are making a major investment with the
renovations of the space, the lease includes a five (5) year option with a five
(5) percent increase on January 9, 2002.
* The Marina Restaurant has a total of 1,270 squa~e feet, as measured by
Measure Masters Floor Planning & Blue Print Service.
* The new lease calls for an increase in rent from $1,300.00 to 1,428.75,
which is $13.50 per square foot. The lessee is also required to pay an
additional amount equal to ten (10) percent of yearly gross sales exceeding
$200,000.00. A Consumer Price Index (CPI) increase is included in each year of
the lease starting on January 1, 1999.
* The Harbormaster will be notified in writing when the renovation work is
to start and when it is completed. The contractor is also required to have all
permits and be bonded in an amount equal to 100% of the cost of construction.
. Rental payments will not be required by the lessee during the construction
period, which is estimated to be thirty (30) days. The lessee will have sixty
(60) days from the date of execution of the lease to complete all the work. In
the event the improvements are not completed and properly permitted within' the
sixty day time frame, the lease will be terminated and the lessee will have
thirty days to vacate the premises.
* The lease includes a personal guarantee from the lessee in the amount of
$85,725.00.
* Exhibit E includes the Marina Restaurant menu. Any changes, additions or
modifications to the menu must be approved by the city, whose consent shall not
be unreasonably withheld.
* All employees of the lessee will be required to park their private
vehicles in the Memorial Civic Center parking lot or other parking area
designated by the Harbormaster.
* The renovations include the installation of one commercial media air
cleaner, with absorber kit, to remove cigarette smoke from the restaurant
space.
. The lessee is required to pay all taxes, insurance, utilities and
maintenance of the space through out the term of the lease.
,
. Staff recommends approval of the Lease Agreement for the Marina Restaurant
to Thomas C. Wolkowsky and Patricia A. Wolkowsky.
LEASE AGREEMENT
THIS LEASE AGREEMENT, made and entered into this of
January, 1997, by and between the CITY OF CLEARWATER, FLORIDA, a
municipal corporation, hereinafter referred to as "Lessor", and Thomas
C. Wolkowsky and Patricia A. Wolkowsky, d/b/a Marina Restaurant, 25
Causeway Boulevard, Clearwater, Florida 34630, hereinafter referred to
as "Lessee."
WIT N B S S B T H :
. That in consideration of the covenants herein contained of the
granting of this lease and the sums paid and to be paid hereunder, the
Lessor hereby leases to the Lessee and the Lessee hereby leases from
the Lessor accordinq to the terms, conditions and covenants herein
contained the following described premises in the city of Clearwater,
Plnellas county, Florida, to wit:
See attached Exhibit "A."
THE PARTIES HERETO HEREBY COVENANT AND AGREE AS FOLLOWS:
1. The term of this lease shall be for five (5) years beginning
, 1997, and ending , 2002, with an additional
five (5) year option with a five (5) percent increase. The Lessor
retains the right to terminate this lease for any municipal purpose
consistent with the Lessor's charter upon 30 days written notice to
lessee; and, in addition, Lessor may terminate this lease if the state
of Florida or any of ita 8qenoieu or political 8ubdivisiona thereot
acquire the demised property or any portion thereof for a public
purpose. This right of termination is in addition to the right of
termination set out in paragraph 14 of this Agreement.
2. The Lessee hereby covenants and agrees to pay rental thereof
as follows:
a. To pay the total aum of $65,725.00 for the 60 month term
of this lease, which shall be paid in equal monthly payments of
$1,428.75. Each monthly payment shall be due and payable on the first
day of the month, and shall be delinquent if not paid on or before the
fifth day of the month. Also, a conSUmer price index (CPI) increase
will be added to the rent payment starting on January 1, 1999 and
continuing on January 1st of each year of the lease. In addition to
the monthly rental, the Lessee shall, at the end of each lease year,
pay an additional amount equal to ten (10) percent of yearly gross
sales exceeding $200,000.00 throughout the term of this lease. This
payment will be made along with the Lessee's payment of the monthly
rental for the first month of each lease year beginning with the
second lease year. The Lessee will provide the Lessor within 15 days
after the end of each month during the term of this lease a statement
showing the amount of gross sales during that month. The statement
used by the Lessee to report such sales will be in a form satisfactory
to the city Manager or his designee, showing the amount of gross sales
for the month being reported and the amount of year-to-date gross
sales for the lease year. The term "gross sales" as used in this
paragraph means the entire amount of actual sales receipts, whether
for cash or otherwise, for all sales conducted in, on or from the
premises. No deduction shall be allowed for uncollected or
uncollectible credit accounts. Such term shall not include,. however,
any sums collected and paid out for any sales or excise tax imposed by
1
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an governmental authority wherein Lessee is regarded as the cOllecting
agent.
b. Any amount due from Lessee to Lessor under this lease
which is not paid before the day the payment becomes delinquent shall
bear interest at the rate of fourteen (14%) percent per anum from date
due until paid, plus a late charge of Ten Dollars ($10.00) to cover
Lessor's expenses in collecting such delinquency.
c. In addition to the first month's rent of $1,300.00,
which is held by the city, the Lessee shall pay an additional $129.75
in advance as a deposit to secure the faithful performance of the
Lessee's obligations hereunder. The Lessor may deduct from the
deposit any amount which might become due from the Lessee to the
Lessor for damage to the premises or for any reason or cause
whatsoever except rent. At the end of the term of this lease, the
deposit amount or the balance thereof, if any, shall be credited to
Lessee's last monthly rental payment.
3. The demised premises shall be used only for the purpose of
conducting therein the business of a full service restaurant, and is
limited to serving the items on the menu attached as Exhibit E. Any
changes, additions or modifications to Exhibit E must be approved by
city Manager or his/her designee in' writing, whose consent shall not
be unreasonably withheld.
4. The Lessee hereby covenants and agrees to make no unlawful,
improper, or offensive use of the leased premises. Lessee further
covenants and agrees not to assign, mortgage, pledge, hypothecate or
sublet this lease or any ot its right herein in whole or in part
without the prior written consent of Lessor. The consent of Lessor to
any assignment, mortgaging, pledging, hypothecating or subletting
shall not constitute a waiver of the necessity for such consent to any
subsequent assignment, mortgage, pledging. hypothecating or
subletting. This paragraph shall be construed to include a
prohibition against any assignment of subletting by operation of law.
If this lease is assigned, or if the premises or any part thereof are
sublet or occupied by anybody other than Lessee, Lessor may collect
rent from the assignee, sub-tenant or occupant, and apply the net
amount collected to the rent herein required, but no such occupancy or
collection shall be deemed a waiver of this covenant, or the
acceptance of the assignee, sub-tenant or occupant as tenant, or a
release of Lessee from the further performance by Lessee of covenants
on the part of Lessee herein contained. If at any time during the
term of this lease, any part or all of the corporate shares of Lessee
shall be transferred by sale, assignment, bequest, inheritance,
operation of law or other disposition so as to result in a change in
the present effective voting control of Lessee by the person, persons
or entity which presently is the ultimate owner of a majority of such
corporate shares on the date of this lease, Lessee shall promptly
notify Lessor in writing of such change. If the new owner is a
private or public corporation, Lessor shall promptly advise Lessee if
it has any objections thereto and the reasons therefor. Lessor may
terminate this lease any time after such change in control by giving
Lessee ninety (90) days prior written notice of such termination, such
notice to be provided within thirty (30) days following the time
period provided to Lessee. Lessee shall not permit any business to be
operated in or from the premises by any concessionaire or Licensee.
5. Lessee agrees that it will promptly pay all ad valorem real
2
property taxes and personal property taxes that may be assessed and
filed against the demised property or the leasehold created by this
agreement, or both, during the term of this lease. Lessee further
agrees that it will pay any state sales tax due on the rental payment
made by the Lessee to the Lessor and that it will pay all other taxes
~n~ fees, including, b~t not 11miteQ to, QccuPQt10nal li~en6e,
beverage license, and permits relating the operation of the business
conducted on the demised premises, which are required by law. Nothing
herein shall obligate Lessee to payor to reimburse Lessor for the
payment of assessments for permanent improvements, including but not
limited to sidewalks, sewers, and streets, that would benefit the
demised premises.
6. The Lessee hereby covenants and agrees to pay all bills for
electrical service to the premises when due, which service shall be
provided by Florida Power Corporation, in accordance with the
company's rates and billing. At no expense to the Lessee, the Lessor
agrees to furnish a refuse disposal location and a refuse disposal
container located outside the demised premises for the use of the
Lessee.
7. The Lessee further covenants and agrees to operate the
business authorized to be conducted on the premises three hundred
sixty five (365) days a year during the term of this lease, except for
any period of time involved in natural disasters, including
governmental orders or requirements such as evacuation for hurricane
preparations, and any time necessary to repair or replace any damage
caused to the demised premises by as natural disaster.
8. The Lessee assumes full responsibility for and covenants and
agrees to save harmless and indemnify the Lessor from any and all
liability for damage to property and injury to persons resulting from
or in connection with the Lessee's use and occupancy of the demised
premises under this lease. In addition, during the term of the lease,
Le&see shall At Leaaee's expen&c obt~in ana maintAin iniurinc8
coverage conforming to the requirements in Exhibit Ita" attached
hereto.
9. If at any time during the term of this lease, the building or
premises or any part, system or component hereof (hereinafter, the
"demised premises") shall be damaged or destroyed to the extent that
the Lessee cannot operate the business authorized to be conducted
thereon, and the Lessor determines that said demised premises can be
restored by making appropriate repairs, the monthly rent as provided
for in paragraph 2a above shall abate until the demised premises have
been restored or until commencement of business by the Lessee,
whichever is sooner.
If the demised premises shall be totally destroyed or so damaged
as to render it practically useless during the term of this lease,
then and in that event, 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.
In the event of damage or destruction as enumerated above, and
except as otherwise specifically provided under this agreement, both
parties waive any and all rights of recovery against the other party
for any direct or indirect loss occurring to the demised premises or
as a result of damage or destruction of the demised premises.
In the case of demolition and' reconstruction of the Marina or
major renovation by construction, the Lessee shall be given the first
3
-
opportunity to bid for similar space, provided that space for Lessee's
type of business is allocated therein.
10. Except as otherwise provided herein , upon the happening of
anyone or more of the following events ("Events of Default"):
a. Lessee's default in the payment of any rental or other
sums due for a period of five (5) days after the due date;
b. LeSS8Q'g continued default with respect to any other
covenant of this lease for a period of fifteen (15) days after receipt
of written notice. of such default by Lessee from Lessor, provided
that if such default reasonably requires more than fifteen (15) days
to cure, there shall be no Event or Default if Lessee has commenced
curative action with the fifteen (15) day period and diligently
prosecutes auch action to completion;
c. There shall be filed by or against Lessee in any court
pursuant to any statute either of the united states or of any state, a
petition in bankruptcy or insolvency or for reorganization or .
arrangement, or for the appointment of a receiver or trustee of all or
a portion of Lessee's property, or if Lessee makes an assignment for
the benefit of creditors or if there is an assignment by operation of
law, or if Lessee makes application to Lessee's creditors to settle or
compound or extend the time for payment of Lesseels obligations, or if
execution, seizure or attachment shall be levied upon any of Lessee's;
property or the premises are taken or occupied or attempted to be
taken or occupied by someone other than Lessee; however, in the event
of execution, seizure or attachment, Lessee may post a bond
satisfactory to Lessor which bond shall stay the default resulting
from any execution, levy, seizure or attachment for a period of 120
days. Failure to remove the levy, seizure or attachment within the
120 day. period shall constitute an Event or Default, and the bond
posted shall be forfeited; or
d. Lessee's vacating or abandoning the premises for more
than ten (10) days; then Lessor, at its option, may exercise anyone
or more of the followinq remedies which shall be cumulative}
(1) Terminate Lessee's right to possession under this
lease and re-enter and take possession of the premises, and relet or
attempt to relet the premises on behalf of Lessee; however, such
reletting or attempt to relet shall only involve a prospective tenant
capable of providing comparable or better type service, at such rent
and under such terms and conditions as Lessor may deem best under the
circumstances for the purpose of reducing Lesseels liability, and
Lessor shall not be deemed to have thereby accepted a surrender of the
premises, and Lessee shall remain liable for all rents and additional
rents due under this lease and for all damages suffered by Lessor
because of Lessee's breach of any of the covenants of this lease.
Said damages shall include, but not be limited to, charges for removal
and storage of Lessee's property, remodeling and repairs, leasing,
commissions and legal fees. In addition to its remedies hereunder,
Lessor may accelerate all fixed rentals due under this lease, in which
event the Lessee shall be liable for all past due rent, accelerated
rent and damages as described above; however, with respect to the
accelerated rent, Lessor shall receive only the present value of such
accelerated rent. At any time during repossession and reletting
pursuant to this subsection, Lessor may by delivering written notice
to Lessee, elect to exercise its option under the following
subparagraph to accept a surrender of the premises, terminate and
4
cancel this lease, and retake possession and occupancy of the premise
on behalf of Lessor.
(2) Declare this lease to be terminated, whereupon the
term hereby granted and all rights, title and interest of Lessee in
the premises shall end and Lessor may re-enter upon and take
possession of the premises. Such termination shall be without
prejudice to Lessor's right to collect from Lessee any rental or
additional rental which has accrued prior to such termination together
with all damages, including, but not limited to, the damages specified
in subparagraph (1) of this paragraph which are suffered by Lessor
because of Lessee's breach of any covenant under this lease.
(3) Exercise any and all rights and privileges that
Lessor may have under the laws of the state of Florida and the united
states of America.
11. a. The Lessee hereby agrees to perform certain improvements
to the demised premises, which are identified in Exhibit D of the
lease. The Lessee will have sixty (60) days from the date of
execution of the lease to complete all improvements and obtain all
necessary government permits for the demised premises. In the event
the improvements are not completed and properly permitted within the
sixty (60) day time frame, the lease will be terminated and the Lessee
will have thirty (30) days to vacate the premises. All the
improvements shall be performed at the expense of the Lessee. Lessee
shall require prior to the construction described in Exhibit D,
Contractor's Liability Insurance for at least $500,000 to protect the
lessor and lessee as additional insured.
b. The Lessee hereby covenants and agrees to keep and
maintain the premises and fixtures located herein in good condition
and repair during the term of this lease and any extension hereof, and
to return the premises to the Lessor upon the expiration of the term
hereof in as good condition as they now are, ordinary wear and tear
and damage by the elements only excepted. No alteration or
improvements may be made to the premises without the written consent
of the Lessor. Any and all fixtures attached to the premises shall
.revert absolutely and become the property of the Lessor upon the
expiration of the term hereof; provided, however, that the Lessor at
its option may require the Lessee to remove all fixtures, partitions,
racks, shelves or other improvements from the premises upon the
expiration of the term of the lease at the cost of the Lessee. Any
damage to the premises occasioned by said removal shall be repaired at
the Lessee's expense.
12. The Lessee, at its own cost, may place only window, wall or
canopy signs on the demised premises, provided said signs are approved
as to color, style and letter size by the Harbormaster of the Lessor,
and additionally conform to the sign ordinance of Lessor presently in
force or as may be amended from time to time during the term of the
lease. No other signs shall be placed or maintained by the Lessee on
the premises. Any nonconforming sign now on the premises shall be
removed by" the Lessee within 30 days of approval of the lease. The
Lessee shall, upon expiration or termination of the lease, completely
remove any and all signs that have been placed on the leased premises
by the Lessee.
13. If at any time during the term of the lease the Lessee is
authorized to make improvements to the demised premises, Lessee agrees
in such event to indemnify and save harmless the Lessor as follows:
5
........ i'lt' 'I>"" .. .-.....~..
a. For any mechanic's lien which may be asserted as a claim
against the leased property; and
b. For the faithful performance ot the covenants contained
in paragraph 11 above; and
c. To obtain from the contractor a good and sufficient
performance and payment bond signed by a reputable insurance company
40in9 bu.in... 1n Florida, which bond .hall b. 1n an amount .qual to
one hundred (100%) percent of the cost of construction of the
contemplated improvements to the demised premises, guaranteeing that
the improvements will be completed and that subcontractors, laborers
and materialmen will be paid in accordance with the contract for the
improvements.
14. In the event of the aoquisition of this property or any
portion thereof by exercise of proper authority, by any governmental
agency other than Lessor, whether by eminent domain or otherwise, it
is understood and agreed that notification of the institution of such
action shall be promptly given Lessee, so the Lessee may intervene in
such action as a party. Lessee agrees to comply with the results of
any such actions, and agrees to release and hold the lessor harmless
from any damages resulting thereof.
15. Lessor covenants and agrees that upon payment by Lessee of
the rents herein provided, and upon observance and performance by
Lessee of all the covenants, terms and conditions required of the
Lessee by the lease, Lessee shall peaceably and quietly hold and enjoy
the leased premises for the term of the lease without hinderance or
interruption by Lessor.
16. Notices hereunder shall be given only by registered or
certified mail, and shall be deemed given when the letter is deposited
in the mail, postage and other charges prepaid, addressed to the party
for whom intended at such party's address first herein specified or to
such other address as may be substituted therefor by proper notice
hereunder. Lessor's notices shall be directed in care of its Law
Department at the above-cited address.
17. As required by section 404.056(8), Florida statutes, the
Lessee shall take notice of the following:
RADON GAS: Radon is a naturally occurring radioactive gas
that, when it has accumulated in a building in sufficient
quantities, may present health risks to persons who are
exposed to it over time. Levels of radon that exceed
federal and 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.
18. The undersigned shall personally guarantee to Lessor the
timely performance of all covenants and provisions of this Lease
Agreement, including, but not limited to the timely payment of all
rent due hereunder.
19. Additionally, the Lessee and all his/her employees will park
their private vehicles in the Memorial Civic Center parking lot or
other parking area designated by the Harbormaster.
20. The Lessee will install and maintain a commercial media air
6
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cleaner, with absorber kit, to remove smoke from the space. This unit
will be operated at all times the restaurant is open for business.
21. This lease agreement constitutes the entire contract between
Lessor and Lessee concerning the leasing of the premises and
consideration thereof.
22. In the event either party soeks to enforce this agreement or
interpret any provision thereof by law, or through attorneys at law,
each party agrees to pay for its own attorneys fees and costs, and
that jurisdiction shall be in a court of competent jurisdiction in
Pinellas county, Florida.
XN WXTHBSS WBEREOP, the parties hereto have set their hands and
seals this day of , 199_.
Countersiqned:
city o~ Clearwater, Florida
Rita Garvey
Mayor-commissioner
By:
Elizabeth M. Deptula
city Manager
Approved as to form and
legal sufficiency:
9~ ~~
John C. Carassas
Assistant city Attorney
Attest:
",,-
cynthia E. Goudeau
city Clerk
WITNESSES:
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By:
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~xhibit "AU
LEGAL DESCRIPTION
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Marina Restaurant space, Clearwater Marina Building, located on Lots
11 and 12 of City Park Subdivision, according to the map or plat
thereof as recorded in Plat Book 23, page 37 of the public records of
Pinel'las County, Florida.
Exhibit uBII
INSURANCE REQUIREMENTS
1. Liabili~y Insurance. Lessee shall maintain:
a. Comprehensive General Liability insurance to
include premises/operator liability and electrical
liability in an amount not less than $300,000
combined sin91e limit Bodily Injury Liability and
Property Damage Liability.
2.
b. Comprehensive Plate Glass Insurance on a
replacement cost basis covering loss or damage by
any means, except by fire, or war, whether
declared or no.t, to the plate glass windows in the
demised premises.
c. Worker's compensation Insurance applicable to its
employees for statutory coverage limits in
compliance with Florida laws.
Additional Insurance. The City is to be specifically
included as an additional insured on all liability coverage
described above.
3.
Notice of Cancellation or Restriction - All policies of
insurance must be endorsed to provide the City with thirty
(30) days notice of cancellation or restriction.
Certified Caples of Policie~. The Lessee shall provide the
Lessor (City's Risk Management Office) with certified copies
of all policies as required above before occupancy of the
demised premises, and trom time to time as the policies may
be renewed, revised or obtained from other insurers.
4.
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8
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EXHIBIT "c"
GUARANTY OF PAYMENT OF RENT UNDER LEASE AGREEMENT
Guaranty is made this day of January. 1997, by ~homas c.
WOlkowsky and Patricia A. Wo~k9wsky of Marina Restaurant, city of
Clearwater, County of Pinel1as, State of Florida, herein referred to
as "Personal Guarantorslt:, being the owners respectively, of ttle
Marina Restaurant herein referred to as ItObligor":, to CITY OF
CLEARWATER, C/O City Attorney, P.O. Box 4748, Clearwater, Florida
34618-4748, herein referred to as ttObligeelt.
RECITALS
1. Obligee has leased premises at 25 Causeway Blvd. to obligor,
whose business address is 25 Causeway Blvd., city of Clearwater,
County of Pinellas, state of Florida, for use by Obligor in conducting
its business of ~ restaurant.
2. The lease is conditioned upon guarantors giving security for
payment of rent thereunder in the form of a personal guaranty.
SECTION ONE
STATEMENT OF GUARANTY
Guarantors guarantee payment of rent under the attached lease
agreement pursuant to the terms thereof. If obligor defaults in the
payment of any instal~ment of rent, guarantors shall pay the amount of
such installment within 30 days after receipt of notice of default and
demand for payment. Guarantors liability hereunder shall not be
affected by reason of any extension of time for payment of any
installment granted by obligee to obligor.
SECTION TWO
DURATION
This guaranty shall not be revoked during the five year term of
the lease. Thereafter, if the lease is renewed on the same terms,
this guaranty shall remain in force until receipt by obligee of
written notice of revocation from guarantors, or until terminated
pursuant to Section Three hereof. Renewal of the lease on different
terms shall, at the option of the guarantors, operate to terminate
this guaranty as of the end of the five year p~riod.
SECTION THREE
LIMITATION OF LIABILITY
The maximum amount recoverable by obligee from guarantors
9
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pursuant to this guarantee is $85.725.00, which amount is equal to the
total rent due during the initial five year term of the lease. If the
aggregate of payments made by guarantors hereunder reaches the above-
mentioned amount, this guaranty shall terminate immediately.
SECTION FOUR
WAIVER OF NOTICE OF ACCEPTANCE
Notice of acceptance of this guaranty is expressly waived.
IN WITNESS WHEREOF, guarantors have executed this guaranty at
the day and year first above wri ten.
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EXHIBIT D
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Attached to this exhibit are the major improvements to the demised
premises to be completed by and at the expense of the Lessee.
Design Plan from Fowler Associates Architects, Inc. show the
improvements to the interior customer seating space inside the Marina
Restaurant.
The total costs to complete the work from Kirk Construction &
,Development, Inc. under the PROPOSAL dated December 2, 1996 is
$39,190.96. The Lessee will obtain all required permits before
construction starts.
The city Harbormaster will be noted in writing when the work is to
,start and when it is completed. .
During the construction period, which is estimated to be thirty (30) ,
days, the Lessee will not be required to pay rent. The rental amount
. will be prorated on a daily basis at $47.63 per day.
11
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'KIRK CONSTRUCTION
& D EVE LOP MEN T, INC.
PROPOSAL
December 2. 1996
Pronosal Submitted to:
Marina Restaurant
2S Causeway Blvd.
Clearwater Beach, FL 34630
Job Description & Location:
, We propose to furnish labor and materials to remodel existing dining area as per the plans submitted by Fowler
Associates Architects, Inc.
1. Ceramic tile floor wlmarble threshold @ kitchen - wI matching navy stoop
around counter and matching tile up to window height,
(TUe allowance of 900 sq. ft. @ $2,85 sq, ft.)
2. Remove and replace counter w/now shelving behind formica front and top.
Remove 2 inches from width 'all around. Plus pass-through opening on S,E. end.
3. Relocate present Air Handler with new 4.Ton Air Handler.
3a. For S.Ton Air Handler Add
4. Install one commercial media air cleaner, Model M1100 wlabsorber kit.
5. Check existing fluorescent lighting. Replace ballast as needed, new lens
6. Cut opening In North wall. Install new store front door.
7. Wrought.lron fencing for outside dining area and remove planter
and replace with pavers to match existing
8. Remove plywood and replace South window w/glass
9. Paint kitchen, bath and dining area.
10. ElectrIcal upgrades. Install single main panel In kitchen to replace single
disconnects.
10 a, To upgrade main panel next to pass through In kitchen add
11. Wood molding strip around cclUng and tlghts
12. Plumbing as needed for construction andlor new equipment.
Allowance
$ 6.800,00
$ 3,000,00
$ 1,900.00
$ 100,00
$ 1,627.04
$ 500.00
$ 1,800.00
$ 1,200,00
$ 125,00
$ 1,600,00
$ 51000,00
$ 700,00
$ 600,00
$ 500.00
Ocnml Conlruton · FL. lie. NeB C052216
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KIRK CONS~~UC1.~ION
&' D EVE LOP MEN T, I N C,
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MARINA RESTAURANT PROPOSAL (continued)
13. AU new booths wltable tops. S 6,000,00
14. 4~lnch canvas awning around soffit In dining area $ 150,00
16. Supply and hang two (2) new fans $ 150.00
16. Recondition and re-cover all stools $ 400,00
17. Construction Supervision and Scheduling $ 1.400,00
Sub.Total $ 33,552,04
Contractor Overhead and Profit $ 5,638,92
Total Labor and Materials to complete the above,.. ... ,..,.. ,.. ... .., .., ,.. ... ...... .., .., ..,
S 39.190.96
Terms of Paymenr. Progress Draws
We hereby propose to furnish labor and materials, complete in accordance with the above specifications for the
estimated sum of:' Thirty Nine Thousand One Hundred Ninet)' dol/ars and 96/100
All material is to be guaranfeed to be as specified, All work to be completed in a workmanlike manner according
to standard practices, Any alteration or deviation from above specifications involving extra costs win become an
extra charge over and above the estimate. All agreemenfs contingent upon strikes, accidents or delays beyond our
control. ,This proposal s' acceptance within 30 ys and is void thereafter,
.
SIGNED'
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EXHIBIT E
Attached to this exhibit is the Menu for the Marina Restaurant.
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OP.c-1B-96 10:47A clearwator E. O.
Memorandum
DATE: December 18. 1996
, ,
I: TO: ' Bill Held. Harbormaster
FROM: Diane Hufford. loan Officer
RE: Thomas and Patricia Wolkowsky
DBA MARINA RESTAURANT
.:. .
25 Causeway Boulevard
'. ,
Clearwater Beach. FlorIda
813-462-6699
City of ClfJsrwslter
Economic OtvoloPfT1Dnt
The F.con~l'r:.ic Development Loan Commhtee has approved u 10M to Thom:1S and
Patricia ,Wolkowsk-y doa ltfarllla R~.\"tlJtll'nm, 2S Causeway BouJcv!lro. Clearwater Beach
in the umount of.Thirty-Fiyo 1l10ll.e:and dullars (535.000).
Thi5 loan ",ill not be funded l:ntil after the leuso agrccmenl tbr 25 Causeway Boulevtlfd
, has been approved at :he Janu<Jry 9th. 1997 City Commission meeting.
Call me on January 10lh and I will pick up a copy of the executed lease so 10M ean b~
, closed.
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Interoffice Correspondence Sheet
From:
'Elizabeth M. Deptula, City Manager ..,~
William C. Held, Jr., HarbOrmasler!JJ (Jf:;4
. Kathy S. Rice, Deputy City Manager
RECEiVED
DEG 3,11996
To:
cc:
CITY MANAG ER
Date: December 31, 1996
RE: City Manager Backup for the Marina Restaurant Lease Agreement'
Attached is a copy of the Marina Restaurant Lease Agreement white paper, Sorry we
could not locate a cleaner copy.
The new fixed amount of rent ($1,428,75 per month) is 9,9% higher than the old fixed
rent ($1.300.00 per month). There was no increase In the fixed amount of rent in the
old lease for the entire period of the lease - five years.
Usted below Is some additional Information on the leases:
FIXED RENT PSF SOFT
% OF GROSS
CPt
OLD
$1,300,00
$10.76
1450.
$144,000,00
NO
'I
NEW
$1,428.75
$13,50
1270'
$200,000.00
YES
* This square footage amount for the space was Incorrect,
Also, we will not need the two small rooms for a Marina laundry room, We have
Identified another space we can use for the laundry.
. Please call me at 6954 If you haye any questions.
.......-
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BACKGROUND ~
On October 1, 1991, a Lease Agreement was approved for Edward M.
Metallo and Ursula M. Metallo, d/b/a Marina Restaurant, at
Clearwater Municipal Marina, 25 Causeway Blvd., Clearwater, FL.
34630.
The lease was approved for a five (5) year period, with rent
payments of $15,600 per year paid in equal monthly payments of
$1,300. Also, the lessee must pay 10% of the annual gross
revenues exceeding $144,.000..
The Lessee must pay for all maintenance of the space, taxes,
insurance and utilities.
When the original lease was issued, the city had,the
square footage of the Marina Restaurant space at 1,450.
Mr. and Mrs. Metallo operated the Marina Restaurant from
April 10, 1990 until April 8, 1996, when they sold the Marina
Restaurant to Thomas and Patricia Wolkowshy.
This lease will expire on september 30, 1996.
COMMENTS:
Based on a laser survey of the Marina building by Measure
Ma.rl.~LS-, t.he actual square footage of the Marina Restaurant space
i!iJ 1,270.
"
RECOMMENDATIONS:
~
1. Major improvements tp this space is strongly recommended. It
is the only rental space on the first floor of the Marina
building that has not been upgraded and improved. The major
improvements should include the kitchen, storage and customer
areas. If the current lessee is unable or unwilling to renovate
the Marina Restaurant, the city shOUld not assign a new lease,
but instead advertise the space for a new lessee. If the lessee
is making a large investment to renovate the space, the city may
want to consider a lease period longer thal1 five (5) years.
2. In the event the above recommendation is not approved, a new
rental rate of $19,685 per year paid in equal monthly payments of
~1,640.42 is recommended. Also, 10% of gross sales exceeding
$144,000.
3. It is recommended that the Marina Restaurant be a "No
smokingU restaurant with the new lease.
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Page 2
Marina Restaurant Leaso
4. Two small rooms, presently assigned to the Marina Restaurant,
are recommended to be removed from the leased space. They will
be'used by the cIty for a marina laundry room.
5. A consumer price Index increase on January 1st of each year of
the lease is recommended.
6. A requirement that the lessee and all employees park their
private vehicles in the Memorial Civic. Center parking lot is
recommended.
. 7. All other terms and conditions of the city standard Lease
Agreement will apply.
ATTACHMENTS:
Current Marina Restaurant Lease Agreement
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Clearwater City Commission
Agenda Cover Memorandum
~ 0 Item #: !~;~ll!:~~~,~l
Meeting Date: V.thioe12t:.''.}:):y;:;;
t:f~t:~:{t~N%~~.~~.:)r:;~~~t.~/?~)~~
SUBJECT: Agreement with Countryside Little League
RECOMMENDATION/MOTION: Approve an agreement with Countryside Little League, Inc.
allowing the League to construct an equipment storage, umpire and batting machine building at
Countryside Community Park
I&l and that the appropriate officials be authorized to execute same,
SUMMARY:
> Countryside Little League has requested permission (see Attachment II A II) to construct a
small building at Countryside Community Park, at their expense.
> Countryside Little League utilizes Countryside Community Park and its five (5) little league
fields for their league activities.
> Countryside Little League entered into a similar agreement with the City in 1987 to
construct their concession and pressbox building,
> Countryside Little League will construct the new building within the south twenty (20) feet
of the existing fenced batting cages adjacent to field number five (#5),
> The new building will contain space for equipment storage, umpire changing room and
batting machines (see Attachment UB ").
As per the letter received from Countryside Little League (see Attachment II A II), a request has
also been made to allow the placement of a permanent marker at the complex to honor the
achievement of the Countryside Major Girls winning the 1996 Little League Softball World
Series. The league would like to place a granite boulder with cast iron plate attached, adjacent
to the sidewalk entering the complex by field #4 and #5, Again, the league would do this at
their expense. The Parks and Recreation Department plans to approve this request.
Commlulon Action:
Nono' 0 Approved
lollll 0 Approved with Conditions
o Dented
CUrrllnt FIIClIt VlllIr 0 Continued to:
Submlttad by:
Clty~'F'
o Printed on rooycled pllpllr
Funding Source:
o Capital
ImproVGmllnt:
Advartl..d: 0
Oporllllng:
, .ltrll~~I~i':!f'1 ~h.r.Hq . .
o Not Requlrlld ".::App,~~l.~i>ri':~
Aft.ctad Partl.. L': ::: >::,:::.\:<::?:.:':::,./::: :
o Notified
o Not Requlrod
." .......... ..........c..........,. ................................
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.~~ ,: :;.~i~:~n:~f~m:p,!f~:i: i!:l~ :::~l~
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City or Clearw"u:r J>cc.'''mbcr 20. I Qf,t6
Parl.:llllld )tec:reallon
J .arry OO\lo'd
Lan)' .
eountryAic1e Little l.c.'lgllc wlIuk! !lice IIppfllvl\1 to tOI1Slnl::t a ~Ill~n llllildinp.llllhe
(:nunll}'K1cl\: Community Pllr).: cumplex, Thi, h1llldlllg would he l)hy!itnlly 1(l~led iU5\de the
c.xlsting Ih,uing Cages tMt IITC by our Clmt:C~~ion Stllnu. The batting Cdg~lIl1rc )4 feet wide by
70 feel Ic.lng, lllld lbe bulldiu(t w\luld eo,"'st 111 the IIlSI 1 ~ feet orthe ,'.(lgc:; cJosc.~t 10 Held 115 l11is
buildlng.l"cllldlng the 1('I0r, wCllIld he CC1nll\;nec! insioe the existing hllttjng CAgel.
III order to prrform tillS thC'- following would be dOlle. SetliOf1~ of"lhe l1allins uge~.
which are tOl1!1uucced af chillll link relict, woutd h~ve 10 ~.l'otled bac", The bUIlding would he
buill, IItld Ihen Ille challllhl\: fC\llce would bC' 'Ilnlbll::k together. The hUllding wl1uld r\!!litlc
oornple\ely withilllhc fence. We will need eleclrical wurk in lhe building.
This bllihlinB will he uKCd fllr C,!UiPOlCnl 'torn!t~... nlld for the plnc:cllleut or pih;hll1H nlllchine,
thllt ~iIl nllw he under llhcltl.T imitcod ofbdr.Q c.llpCl$cd to the elements. We will also have 11
trorhy CIMl! as part or tile lIuildi"9.
lhppTuved, this projocl will be be80l11 115 loon ~J po~sib'e, 1I1Jd ir~tArtCll thl! filA1 w~;ck uf
JanUlty. it AAuuld bo oomplotod by lhr end of January. This iJ important. lilt we dun', want oon~tnx..1illn
once Utllc wgllc .1Nt, Up in Februl\f)'. Thanks HIT your tUppOI1 in this mailer
'A Iceond Item coneen" Ihe pll~ml:nl tlf to pOlmanent marker fl.t the complex to ~otlOr
the ncblevcment ('If' the (~('Iun'ry~itlc Major Uirls winlllna tht: I.htle I.t<'lguc Softball ",orlr! ScriCl\
We would like to rl..co II gunitc boulder that ..~S II. (MI.;ron 1)late attached. in an aralx:lwccn
Field liS, lhe playground. Ind the sidewalk thlllruns between field H4 Ilnd Field II!!. Once n~ill.
than\; you rtlr ~nur cnntoidl.lrlltion.
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A G R E E MEN T
THIS AGREEMENT is made and entered into this day of
, 1997 by and between the city of
Clearwater, a municipal corporation, hereinafter referred to as
CITY, and Countryside Little League, Inc., a Florida non-profit
corporation, located in Clearwater, Florida, hereinafter referred
to a s LEAGUE.
WHEREAS, the CITY owns and operates Countryside Community Park
in the City of Clearwater, which Park is used by the LEAGUE during
its season; and
WHEREAS, the LEAGUE desires to construct an equipment storage,
umpire and pitching machine building (see Exhibit "A") to be
located within the south twenty feet of the existing fenced batting
cages adjacent to field number five, at no cost to the CITY and in
accordance with all building codes, regulations and performance
bond requirements, and to use the building as specified in this
agreement;
NOW, THEREFORE, in consideration of the premises and of the
covenants and agreements between the parties, it is mutually agreed
as follows:
1. The LEAGUE may construct, at its expense, an equipment
storage, umpire and pitching machine building to be located within
the south twenty feet of the existing fenced batting cages adjacent
to field nUIllber five at Countryside Community Park, according to
plans and specifications approved by the CITY, and upon completion
of the building shall have a license to use the building according
to the provisions of this Agreement.
2. The parties agree that, upon completion, the building
shall become the property of the CTIY. The parties further agree
that the LEAGUE shall have priority use of the building during
Little League season and for off-season storage.
Page 1
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3. The LEAGUE shall be responsible for the tlmely payment
of all contractors and subcontractors and other persons working on
the project, and shall not allow any mechanic's lien to be placed
on the property.
4. The LEAGUE shall be responsible for making certain that
all persons who work on this project have the proper licenses,
permits, and qualifications to perform said work. The CITY will
pay for the necessary building permits; however, the LEAGUE, as
contractor, will be responsible to pull the permit and call the
building department for inspections.
5. During construction the LEAGUE shall keep the premises
in a safe, functional, neat, and orderly condition, and shall keep
the premises clean by placing all trash and debris in suitable CITY
containers available for pickup and collection by the CITY.
6. The LEAGUE shall at its expense be responsible for
furnishing all equipment, fixtures and related items used and
required in the operation and use of the building by it and its
representatives and agents. The LEAGUE shall also at its expense
be responsible for the maintenance, upkeep and replacement of any
such furnishings.
7. The LEAGUE agrees to be responsible, following the
completion of the building, for interior and exterior painting, and
for repairs that may become necessary to the physical structure.
8. The LEAGUE agrees that under no circumstances will
alcoholic beverages be sold or consumed in the building when
completed.
9. The LEAGUE will be responsible for the cost and
installation of electrical service within the building. The City's
Electrical ,Section of the Parks and Recreation Department will
provide power to the building and coordinate installation with the
LEAGUE.
Page 2
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10. The CITY will assume all monthly utility charges
necessary for the operation of the building.
11. Both parties agree that the building will not require
water or sewer service.
12. This Agreement shall continue in force and effect for a
term of one (1) year from the date hereof, unless sooner terminated
as hereinafter provided. The CITY may terminate this Agreement in
the manner set out ,herein where anyone or more of the following
events occur: Should the LEAGUE'S activities be found to be in
violation of any law or ordinance; in the event the LEAGUE violates
any of the provisions contained in this Agreement; or if the
CITY needs the property for another public purpose. In any such
case, except where the property is needed for another public
purpose, the CITY shall give thirty (30) days written notice of the
violation, and if the violation is not cured within the thirty (30)
day period, then this Agreement shall be deemed terminated without
further notice required by the CITY. If the CITY determines that
the property is needed for another public purpose, such
determination shall become effective upon the CITY furnishing
thirty (30) days written notice of termination for such reason.
Upon the termination of this agreement, the LEAGUE shall have
thirty (30) days from the date of termination, at its expense, to
remove its equipment from the premises; otherwise, the equipment
shall become the property of the CITY. If any damage is done to
the CITY premises in the removal of such equipment, the LEAGUE
shall at its expense immediately repair such damage.
13. The CITY shall have the right through its agents to make
redsonable inspections of the premises and the operation thereof to
see that it is being conducted in a proper manner under the terms
of this Agreement.
14. This Agreement shall not be assignable.
Page 3
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15. The LEAGUE agrees, if required, to furnish a performance
and payment bond for the project in order to save harmless the CITY
from and against the claims of laborers and materialmen for
mechanic' 5 liens which may be asserted against the premises as a
result of the project.
16. The LEAGUE agrees to indemnify and save harmless the
CITY from any and all actions and claims for bodily injury or
property damage arising from the construction of the project or
from the operation of the facility, except from the CITY'S own
negligence. The LEAGUE shall maintain a policy or policies of
insurance for such claims, with the CITY as an additional insured,
in an amount not less than $500,000.00 per person or $1,000,000.00
for each accident, and not less than $20,000.00 for property
damage, and the LEAGUE'S liability shall then be limited to the
limits of said policy or policies. Certificates of insurance
coverage evidencing the same shall be filed with the CITY.
IN WITNESS WHEREOF, the parties hereto have set their' hands
and seal the date first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Rita Garvey
Mayor-City Commissioner
Elizabeth M. Deptula
city Manager
Approved as to form
and legal sufficiency:
Attest:
~~
John C. Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Page 4
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Page 5
By
INC.
Rob Rossi
President
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J.Cj,97
SUBJECT: STEVENSON CREEK CHANNEL IMPROVEMENTS ~ PHASE 2 CHANGE ORDER #1 (95-9)
CLEARWATER CITY COMMISSION
E {,J~. Agenda Cover Memorandum
c:z\
Meeting Date
RECOMMENDA TIONIMOTION: Approve Change Order # 1 to the Stevenson's Creek Channel
Improvements Phase 2 Contract (95-9) to Kamminga and Roodvoets , Inc. of Tampa Florida increasing the contract
amount by $84,040,83 for a new contract total of$3)864,650.83, and approve a time extension of ten (10) days,
[g] and that Ole appropriate officials be authorized to execute same.
SUMMARY:
· This contract to construct the Stevenson's Creek Channel Improvements Phase 2 was awarded by the City Commission
to Kamminga and Roodvoets. Inc. on July 18. 1996, for $3,780,610.00.
. The original contract document calls for the reconstruction and narrowing of Betty Lane from Druid Road to Turner
Street. The existing pavement is being narrowed by removing the existing grass median and is being reconstructed to
correct sever pavement settlement problems. The narrower roadway section will reduce reconstruction costs and will
provide for additional stonnwater retention outside of the roadway. The construction process requires that the existing
pavement and the underlying materials causing pavement settlement be excavated and removed. Field inspection has
determined that both the existing 12" clay sanitary sewer and the existing 12" sanitary force main along this section of
Betty Lane are in direct conflict with the construction process. These two utility pipes must be relocated to
accommodate the work. The total cost of this work will be $77,581.20.
. Additional pay item #43B under this change order is for the removal and replacement of an existing sanitary sewer
utility access portal necessitated by the installation of a new box culvert at Stevenson's Creek and Pierce Street. The
cost of this replacement is $566.03.
continued:
Rovlewed by:
Legal 7€-
Originating Dept.
Costs:
$84,040.83
Commission Action
Budget ~
Purchasing .
Risk Mgmt. N/A
IS NfA
ACM
ENG.
(Current FYI
Approved
Funding Source: Approved
w Ie and itions
Capt. Imp. x
Denied
Advertised:
Date:
Papcr:
Not required: X
d\:j~ Affected partlcs
notified
Not Required X
Operating
Cont'd to
Other
OTHER
Appropriation Code Is)
Attachments:
SUbmltt~
City MaUer 7-'
315-96102-563700.539-000 Change Order # 1
315-96634-563700-535.000
STEVENSON CREEK CHANGE ORDER 111
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Page 2 Continued: ,
Agenda Item: Stevenson Greek Channel Improvements Phase 2 Change Order # 1 (95-9)
Kamminga & Roodvoets, Inc.
.. The remainder of new work under this change order is the installation of a new stonn water inlet at Lady Mary Drive
and Pierce Street. The installation of the new box culvert in Stevenson's Creek resulted in a low point in the Lady
Mary intersection with Pierce Street. The proposed inlet will remedy this situation and provide for positive drainage.
The cost for this inlet and associated piping is $5,893.60. '
. The funding in Capital Improvement Project 96102, Stevenson's Creek Improvements, and 96634, Sanitary Sewer
UtilitY Relocation Accommodation is sufficient to fund this change order.
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CHANGE ORDER I 1
DATE:
December 12# 1996
-.
PROJECT: stevenson Creek Channel Improvements PROJECT NUMBER:
phase 2
95-9
CONTRACTOR: Kamminga , ROodvoets, Inc.
P.O. Box 310396 DATE OF CONTRACT:
Tampa, Florida 33690
07/31/96
CODE: 315-96102-563700-S39-000(A)
315-96634-563700-535-000(B)
SCOPE OJ! CHANGE:
THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT
SBB ATTACHED SHEET POR INCREASE ITEMS/ADDITIONAL ITEMS.
TIME EXTENSION OF 10 DAYS
STATEMENT OF CONTRACT AMOUNT
ACCEPTED BY:
ORIGINAL CONTRACT AMOUNT
CHANGE ORDER #1
NEW CONTRACT AMOUNT
$3,780,610.00
+ S 84.040.83
$3,864,650.83
KAMMINGA & ROODVOETS, INC.
BY : I)JL
Marc T
Agent
(SEAL)
Date:
December 13. 1996
Rita Garvey,
Mayor-Commissioner
witnesses:
John C. Carassas, City Attorney
(Approved as to form and correctness)
ATTEST:
Cynthia E. Goudeau,
City Clerk
Date:
Recommended by:
CITY OF CLEAR\~ATER, in
PINELLAS COUNTY, FLORIDA
r
P.E.
Elizabeth M. Deptula,
City Manager
SlevtNOft Cr, Conunhsloll co IH 95-'
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paqe 2 continue4:
'Chanqe Order #1
stovenson Creek Channel Improvements - phase 2 (95-9)
INCREASE ITEMS:
Item #15A - Limerock Base Replacement 7.7 CY @ $ 38.00/CY $ 292.60
Item #16A - l~n Asphalt Replacement 62.0 SY @ $ 4.00/SY $ 248.00
Item 118A - 2,500 PSI Concrete 5.84 CY @ $ 250.00/CY $ 1,460.00
Item #20A - Inlet, FOOT Index 232 .1 EA @ $1,400.00/EA $ 1,400.00
Item #22A - 15" RCP Pipe 60.0 LF @ $ 39.00/LF $ 2.340.00
Total Increase Items $ 5,740.60
ADDXTIONAL XTEHS:
Item #19B - Abandon Exist. Pipelines 24.4 CY @ $ 158.00/CY $ 3,855.20
with Cement Grout
Item #35B - Break into M.H. 2 EA @ $ 600.00/EA $ 1,200.00
, Item ,36B - 1211 DIP Epoxy Sanitary 660 LF @ $ 49.00/LF $ 32,340.00
Item #37B - 12t1 DIP Epoxy Force Main 660 LF @ $ 48.00jLF $ 31,680.00
Item #38B - 12" DIP Epoxy Fittings .10 TN @ $8,100.00jTN $ 810.00
Item #39B - Sanitary Manhole 3 EA @ $l,SOO.OO/EA $ 4r500.00
Item #40B - Abandon Exist Manhole 3 EA @ $ soa.OO/EA $ 1,500.00
Item #415 - Remove Exist Pipe 108 LF @ $ 12.00/LF $ 1,296.00
Item #42B - Plug Exist 12" 2 EA @ $ 200.00/EA $ 400.00
Item #43B - Replace Exist. San. MIl 1 EA @ $ 566.03/EA $ 566.03
Item #44A Sodding 34 BY @ $ 4.50/SY $ 153.00
Total Additional Items + $ 78,300.23
Total chanqe Order Increase + $ 84,040.83
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Interoffice Correspondence Sheet
To:
Date:
Elizabeth M. Deptula) City Manager
Richard J. Baler, City Engineer 1;L
Kathy Rice, Deputy City Mana:~o
Sue Diana, Assistant City Clerk
December 31. 1996
RECEIVED
JAN 021997
From:
CC:
CiTY MANAGER
RE: Stevenson's Creek Channel Agenda Item
Per the Agenda Meeting, the question regarding why this monetary expenditure was not
anticipated within the original approval of the Stevenson's Creek Channel Improvement
Phase II earlier this year:
The City does not discern the pipe material type and therefore my engineers were unaware
that these pipes were older clay sanitary sewer and force main lines. As such, the
excavation of supportive bed material jeopardizes the services provided by this system and
should be replaced due to the age and type of . lines, The remaining incidental costs
associated with this Change Order relate to the improvement of the roadway drainage
system which should be completed at this time along Lady Mary Drive.
I have returned herewith the City Manager's copy of the Agenda Item which contains
several original signatures. As this Change Order relates to an ongoing construction
project) I would ask you to bring this item forward to the Commission at the January 6th
Work. Session.
If you have any questions. please do not hesitate to call me at extension 4780.
RJ BIns
Attachment
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INTEROFFICE MEMO
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From:
Mayor and City Commissioners
George E, MCKibbe~rchasing Manager
To:
Copies: Elizabeth Deptula, City Manager (Jfl
Cynthia E. Goudeau, City Clerk
Subject: Purchases to be approved at the January 9, 1997, City Commission Meeting
Date: December 30, 1996
The following items are purchases included in the approved 1996/97 budget. All recommended
vendors are the lowest most responsive bidders in accordance with the specifications unless a specific
exception is noted,
.
1) Award a contract to Xerox Corporation, Tampa, Florida, for the contract period of 2/01/97
through 1/31/98, for maintenance of the Xerox 5090 high speed copier at an estimated cost of
$37,032.48, (Exception to bid procedure under Sec, 2,564 (b), Code of Ordinances, Sole Source).
Appropriation code: 555M09225~546200-5 19-000, (Information Management)
2) Award a contract to BCD Computer Distributors, Inc" Tampa, Florida, for the purchase of
ne,work equipment and software for the Enterprise Network at City Hall, at a cost of $72,579,00; and to
Dell Computer Corporation, Austin, Texas, for the purchase of desktop computers and related
components for Engineering at a cost of$13,774,OO, (Exception to bid procedure for Dell only under
See, 2.564 (d), Code of Ordinances, Other Governmental Bid ~ State Contract); to be lease purchased
under the City's Master Lease Purchase Agreement in the amount of$65,623,OO, (Dell Computer
Corporation $13,774,00 and BCD Computer Distributors, 51,849,00); balance of$20,730,OO, paid in
cash, Appropriation code: 315-94740; Debt service code: 555-09862, (Information Management)
3) Approve Change Order # 1 to the Joint Project Agreement with Pinellas County to relocate
natural gas mains during improvements to Drew Street, between Hercules Avenue and D,S. Highway 19,
increasing estimated labor cost caused by Pinellas County's re-bid of the three year old project, by
$16,265,70, to new estimated total of$103,265,70, Appropriation code: 351-96371-563800-532-000,
(Clearwater Gas System)
4) Award a contract to Duval Ford, Jacksonville, Florida, for the purchase of two (2) additional
1997 Ford Crown Victoria Police Interceptor automobiles at a cost of $42,830,00, to support additional
uniformed personnel added through grant. Exception to bid procedure under Sec, 2,564 (d), Code of
Ordinances, Other Governmental Bid - State Contract), Appropriation code: 010-001131-591000-581-
000, (police)
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5) Award a contract to McGill Plumbing, Largo, Florida, for House Service Relocation for Water
Main Contract - Phase 14, for the estimated total of $264, 115.00, Appropriation code: 315-96703-
563800-533-000. (Engineering)
6) Award a contract to M, Gay Constructors, Inc" Jacksonville, Florida, for the purchase and
. installation oftennis court lighting for McMullen Park Tennis Complex, at a cost of $64,850,00,
Appropriation code: 315-93210. (Parks and Recreation)
7) Award a contract to Golden Triangle Asphalt Paving Company, St. Petersburg, Florida, for the
1997 Street Resurfacing Contract (96-22), for the estimated total of$I,091,143,OO, Appropriation
codes: Street Resurfacing - 315-92256-5637-541-000, $953,685.92; Parks Department - 315-93286-
563500-572-000, $53,010,00; Marina Department - 315-93443-563700-575-000, $47,975,00; Water
Pollution Con~ol (WPC) -.315-96654-563700-572-000, $1,132,08; and Traffic Engineering - 315-
,92630-563500-545-000, $35,340,00. (Engineering)
. 8) Extend the contract with West Coast Plumbing, Incorporated, Safety Harbor, Florida, for the
" contract period 1/22/97 through 1/21/98, for Residential Gas Meter Change Out Program throughout the
Pinellas County service area, at an estimated cost of $48,400,00, Appropriation code: 351-96372-
563800-532-000,' (Clearwater Gas System)
Funding for the above referenced purchases is included in the FY 1996/97 Budget. Additional funding
needed for contracts that span fiscal years will be requested in the appropriate departmentaJ budgets as
. 'recommended by the City Manager.
'/N A77t/
Tina Wilson, Budget Director
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1997 RESURFACING CONTRACT LIST OF STREETS (7)
ATLAS PAG STREET FROM TO
242A AlLARD DR BEECHER RD 200' BAST
242A ALTON DR BEBCHEll aD 200' BAST
211. AMBLEGLEN cr CUL DB SAC MBADOWOAK B
%42A ASHLAND DR BEECHER. RD 200' BAIT
lt9A AUGUm'A DR N COUNnlYSIDB BLVD OUlNBAGL8S J)Jl B
29q BAMBOO LANE SR60 SOUTH ct1l,D&sAC
29SB BAY AVE CHES"IlW1' ST TURNIiJl n
17IA BEAUMONT cr CULDBSAC N01lTHlUDOB DR
141A BEECHER RD lINJON IT PA.l.M Ill.
mB BRANDYWINE DR. HAVERFORD DR BtTRNlPORK: DR
223A BURNTFORK DR CASCADB DR EAS11..AND BLVD
210B CARROLL Sf FlAOLER DR RIDGBAVB
ma CASCADE cr CASCADB DR ClJL.I>B...sAC
221B CASCADE DR CASCADB cr BURNTFORK DR.
27J. CEPHAS DR PAlMEtTO Sf WEAVER PARK
1168 CHESTNUT Sf S FJ' HAJUUSON EAST AVE
l7IA CLOUD VIEW DR FOX HD..L DR WIND CUlME DR
211. COMPl'ON CT CUL DE SAC MEADOW OAK E
1'9'\ CONCORDE cr WEST END COUNm,YSmE BLVD
2I9A CORONA AVE DREW $T CUiVEl..AND Sf
2.2:2B DIAMOND BEAD DR CASCADE DR BlJRNTFORK DR
2.96A. DRUID RD GREENWOOD AVE MYRTL8 AVB
291B DRUJDJID KEENE RD YELVINGTON AVB
I'llA EAGLE ESTATES em s EAGLE ESTATES CIR. W EAGLE ESTATES em. B
211D EAGLE ESTATES Cm. w EAGLE ESTATESCDl N EAGLE ESTATES cm. s
299. EDENVD...LE AVE SR6Q DRUID RD
219A ELMWOOD sr GLENWOOD AVE WOOD DR
I7IB ENDICOIT COtlNlllYSIDE IlLVD CUL-DE-SAC
mB FALLSROCK DR BRANDYWINE DR DIAMOND HEAD Oil
It9A FIRESTONE DR WEST END GLENEAGlES DR E
WA FOREST WOOD OAK FOREST N OAK FOREST S
17IA FOX BILL DR MFJWNWAY MEADOW WOOD DR
2MB FRANKLIN sr Fr liARIUSON AVE MYRn.E AVE
2161 GARDEN AVE CHES'TNVI'Sf fR.ANKJ.JN Sf
JDA GLENEAGLES CT WEST END COUNTllYSIDE BLVD
119A GLENEAGLES DR COUNt1lYSlDE BLVD GLENEAGLES DR E
1191. GLENEAGLES DR E GL.ENEAGLES DR AUGUSTA DR H
2791. ' GLENWOOD AVE DREW ST EUdWOOD ST
2aOB GRAHAM DR N,E. COACHMAN MARILYN sr
26M GRANT sr MYJm..B A VB EAST END
2IOB HARDING Sf KERJly DR HER.CUI.ES AVE
:mB HA VERFORD DR LANDMARK DR BURN'J'fORK DR
296!J mLLCREST AVE DRum IlD PAST~ LOTUS PAnt
~5B lASMINEWAY PI' HARJUSON AVE EAST END
271. KAPP DR I'AI..METJ'O ST RANOBRD
tUB KENILWlCKDRN LANDMARK Dk' KENlLWlCJC DRS
2Jl. KENILWlCKDRS LANDMARK PI. KEND.WlCK DR. N
1101 KERRY DR N,a COACHMAN MIJlD. YN Sf
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1997 RESURFACING CONTRACT LIST OF STREETS
ATLAS PAG STREET FROM TO
2178 LADY MARY DR SR60 DREW ST
2118 LAURA Sl KEYSfONS AVB DUNCAN AVE
2958 MAGNOLIA DR FT HARR1S0N AVE EAST ST
2108 MARYLYN ST N,2, COACHMAN HER.CUI..P.S A VB
211. MAYFAIR cr LANDMARK DR CUL DB SAC
2108 MCKINLEY Sf MAJlD.. YN Sf HaCU1.BS A VB
211. MEADOW OAK E MEADOW OAK N MBADOW OAK S
111B MEADOWOAKN LANDMARK DR t.mADOW OAK B
1111 MEADOW OAK S LANDMARK DR MEADOW OAK B
118'" MONTAGUE CI' CUL DB SAC (2) NORTHRIDGB DR
IUB NORTHSIDE DR usa, COUNTRYSIDS BLVD
29'S! OAK AVE CHESTNVT 8r TURNER sr
265A OAK FORFS'f E OAK FOREST N OAK FOREST I
265A OAK FOREST S OAK FOREST B OAKFORESTW
265... OAK FORESr W OAK PORESI' N OAK FOREST S
279A OAKWOOD ST GLENWOOD AVE CUL-DE-SAC
29':8 ORANGE AVE ROGERS ST TtJR.NER. ST
2:23A OXBOW cr BURNTFORK DR CUL-DE-SAC
29'B PALM AVE CHESTNUT ST PAST TURNER ST
2IOB PATRICIA AVE, N.E, COACHMAN MARILYN Sf
3061. PINELLAS ST GREENWOOD AVE EAST END
2191. PINEWOOD sr GLENWOOD AVE CUL-DE-SAC
1'7IA REDFORD cr CUL DE SAC (2) NORTHRIDGE DR
2708 RIDGE AVE GENTR.Y ST LONG Sf
29SB ROGERS Sf fT HAJUUSON AVE EAST END
InA SAXONY CI' CUL DE SAC (2) NORTIlRlOOE DR
1111. SEDGEFIED cr CUL DE SAC (2) NORTHRlDGE DR
244B SOULE RD NORnl END 200' S011J1l
297B SPENCER A VB DRum Rl> SOUTH ClJl.,DE-SAC
IDA SPYGLASS DR \VEST END GLENEAGLES Oil B
2UB STOCKWOOD DR LANDMARK DR MEADOW OAK B
29.5S TURNER sr MYJm.E AVB WEST END
2:1D WAXWOOnCl' CASCADE DR CUVOE-SAC
171B WEAVER PARK DR KAPP DR. HERCULES AVB
21lB WESl'OVER cr CUL DE SAC MEADOW OAK N
17lA WIND CBIME DR CLOUD VEIW Ok MEADOW WOOD DR.
260B LAWN BOWLING PARKING LOT ON CALUMET SI'REET
COUNTRYSIDE COMMUNITY PARK
PARKS" RECREATION FACll..ITY MAINTENANCE PARKING LOT
117,\ SEMINOLE BOAT RAMP . MARINA.
2191. ALLEY BETWEEN DREW & CLEVELAND. VENUS It AURORA
29SB ALLEY BEHIND DUNTER BLOOD EAST OF Ff HARRISON
295B ALLEY BETWEEEN TURNER AND ROGERS Sf
2918 BERCVLES NORm OF DRUID RD. WEST SIDE (MU..L TO DRAIN)
INTERSECTIONS
295B PIERCE BLVD AT CIIESI'NUT ST
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1997. RESURFACING CONTRACr LIST OF STREETS
STREET FROM TO
CARROlL STREET AT JUDGE A VB.
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TO:
Cyndie Goudeau, City Clerk
Richard Baier, City Engineer 1r
Terry Jennings, Chief Engineer
FROM:
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SUBJECT: House Service Relocation for Water Main Contract - Phase 14
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DATE: January 2, 1997
\'
. ,As per Su~ Diana's request I have prepared the enclosed 8.5 xl] inch' shaded map
. indicating the area of'the City of Clearwater that McGill Plumbing will be working in.
Please ea)) me at 4780 if you have any comments or questi.ons.
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Clearwater City Commission
Agenda Cover Memorandum
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Meeting Date: i~D::~:~.}~.:q:l:.:::
SUBJECT:
· Demetre Loufourgas Development Agreement ~ for Marymont Replat, part of Tracts A & B ;
Owner(s): Demetre Loulourgas (DEMETRE DA,CC)
RECOMMENDATION/MOTION:
· Authorize City Manager to negotiate with the property owner to prepare a Development
Agreement and refer to the City Clerk for advertisement for public hearings when the
Manager determines the agreement is ready for public consideration.
rE and that the appropriate officials be authorized to execute same,
SUMMARY:
The City Code makes provisions for the City to enter into development agreements with property
owners. The applicant wishes to enter into a Development Agreement with the City of Clearwater
to ensure specific contractural obligations are met by both the property owner and the City of
Clearwater and to gain vested development rights, The primary focus of the Agreement includes the
following items:
· Annexation of the applicant property at 1180 North Hercules Avenue, approximately 4,0
acres into the City with limited Industrial ((L) zoning district;
· Conveyance to the applicant a perpetual non-exclusive drainage easement to construct,
maintain, and operate a stormwater drainage retention pond;
· Provision of public facilities which will include roadw:ays, sewer, water, solid waste pick up
and recycling, gas and cable television ate to service the property;
· Overflow parking and parking variance;
. Open space variance
. A Site Plan approval
· Construction of 107,500 sq, ft. industrial complex within the proposed Limited Industrial
zoning district.
. Duration of the Development Agreement is five (5) years,
Reviewed ~~~ol Wh.&:.- . ''''~fWn 1f;~.~~~f&t.i.tAM1ttiijG'f)t:t:
Budg.,t W,,{!::;.y.::rN 'O}<:,,:;;i "5' 5
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IS ~;:j.~::~~~f~~~. , \{~~};:::+;:)~~
C~t.:
CUltent FIICal Vllllr
Commlulon Action:
[J Approved
[J ApprovCld with Conditions
D Denied
o Continued to:
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APPLICA TION
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City
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Page 2
Preliminary meetings have been held with the property owner's representative to' discuss the specific
site plan. details and anticipated obligations. If the Commission authorizes the City Manager to
negotiate, the Manager will provide the Commission with a report, and if at least three Commission
members wish to proceed, a tentative development agreement will be prepared for Commission
. review.
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FIGURSKI & HARRILL
ATtORNEYS AT LAW
OERAlD A. FtOUltSKJ, PA
J. 8EN HARJUll., PA
nre HOLIDAY TOWER
243S US. HIGHWAY 19 N.
SUITE 350
HOUDAY, FLORIDA 34691
(813) ~2.o733
FAX: (813) 9+4,)711
FIRST MERIT BUILDING
28059 US, HIGHWAY 19
SUITE 202 I
CLEARWATER, FLORIDA
'1 3162 t
ff"" 07.,. (813) 796-3259
FAX: (813) 796.3598
Please reply to Holiday
December 18, 1996
Honorable Mayor Rita Garvey and Members
of the City Commission
Post Office Box 4748
Clearwater, Florida 34618-4748
RE: Application for Development Agreement/Demetre Loulourgas
Dear Mayor Garvey and commissioners:
This firm represents Demetre Loulourgas. On behalf of our client,
we hereby apply for a Development Agreement for certain property
located in unincorporated pinellas County, west of Hercules Avenue
and south of Grand Avenue. The subject property abuts the City's
Executive Airport. Mr. Loulourgas will use the property for
manufacturing, warehouse, offices and like uses for his company,
American Tool & Mold, Inc.
We request a determination by the City co~tssion authorizing the
City Manager to pursue negotiations with us regarding the
preparation of a Development Agreement. Pursuant to Section
36.114, Clearwater City Code, the following information is
provided: .
1. The legal description of the property to be subject to the
Agreement is provided on the enclosed Site Plan;
2. Demetre Loulourgas is the sole legal owner of the property as
set forth in the Petition for Annexation. There is a mortgage on
the property;
3. The desired duration of the Development Agreement is five (5)
years;
4. The development uses desired to be permitted on the land are
industrial, including, 107,500 square feet of manUfacturing,
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Honorable Mayor Garvey and
Members of the City Commission
December l8, 1996
Page Two
warehouse, offices and like uses. The project will be completed in
two phases. Ultimately the operation will employ 300 people.
Maximum height for the buildings will be less than 35';
5. For a description of existing and proposed public facilities
that will serve the development see the enclosed site plan;
6. The property will receive a zoning designation of I-L (Limited
Industrial). No comprehensive plan amendments will be necessary.
The developer will be seeking:
a. The right to develop on the property a total of 107,500
square feet.
b. The right' to use a portion of the City'S Executive
Airport property for stormwater drainage retention.
In addition, the developer will be seeking as part of the
Development Agreement:
a. The right to use a remote lot owned by Mr. Loulourgas for
a portion of the parking. With the use of this remote lot, Mr.
Loulourgas would still need to vary from the city's Code
requirements by fifteen (15) spaces.
b. The right by variance for greenspace (including
retention) to equal 10% (+/=) or 5% less than the City requires;
7. The zoning and land use categories of all adjoining properties
are: The properties to the south and the west have a land use
designation of Transportation Utility with a p!SP (Public Semi
Public) zoning classification. The properties to the north and
east have a land use designation of Industrial Limited with a
Limited Industrial zoning classification;
8. The complete names and addresses of all owners of properties
abutting or lying within 200 feet of the subject property will be
provided under separate cover;
9. A certified boundary survey will be provided under separate
cover;
10. There are no environmentally sensitive lands, Florida
Department of Environmental Protection jurisdictional wetlands, or
lands subject to the jurisdiction and regulations of the Southwest
Florida Water Management District;
ll. As to existing and proposed utilities and services, including
water, sewer, gas, electricity, and cable television, and the
manner in which existing utilities and services will be extended to
the property, Bee the enclosed site plan;
12. As to the master drainage plan for the development, see the
enclosed site plan;
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Honorable Mayor Garvey and
Members of the City commission
December 18, 1996
Page Three
13. As to the location, type, size and height of fencing, berms,
retaining walla or screen planting to buffer adjoining properties,
see the enclosed site plan;
14. As to a grading plan including therewith the elevation
requirements of the National Flood Insurance Program as applicable
to the City, see the enclosed site plan;
15. As to a landscape plan, see the enclosed site plan. A tree
survey will be provided under separate cover;
16. There are no existing deed restrictions nor any to be imposed
on the property;
17. As to federal, state and local permit requirements, the
developer will seek permits from the Southwest Florida Water
Management District; Florida Department of Environmental Protection
(water and sewer); and the City's building permit and site plan
approval;
18. As to private or public parklands and open space required or
proposed for parkland and open space impact fee purposes, see the
enclosed site plan;
19. The timetable by which the development and each phase thereof
shall be commenced and completed is: Phase One will be commenced
as soon as. the permits are acquired and will be completed during
the spring of 1997; Phase Two will be completed within thirty-six
(36) months..
Mr. Loulourqas and I stand ready to provide any additional
information or documents requested by the City. We look forward to
working with the City in securing approval of the Development
Agreement and the proposed annexation to the City by the City
Commission.
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Bures
cc: Demetre Loulourgas
Betty Deptula
Pam Akin
Bob Keller
Sandra E. Glatthorn
Richard J. Baier
Etim Udoh
Tom France
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#23 1-9-97
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JNTERLOCAL AGREEMENT
:1Y
FOR
PUBLIC EDUCATIONAL FACILITY SITING IN PINELLAS COUNTY
This INTERLOCAL AGREEMENT is made and entered into this day of
1 1996, by and between the CITY OF CLEARWATER, FLORIDA, a
political subdivision of the State of Florida (herein, the City of Clearwater) and the
PINELLAS COUNTY SCHOOL BOARD (herein, the "School Board"),
WHEREAS, it would be mutually beneficial for the City of Clearwater and the
School Board to support efforts that facilitate coordination of planning for the location
and development of public educational facilities; and
WHEREAS, Section 235.193(1). Florida Statutes, requires coordination of
planning between the school boards and local governing bodies to ensure that new or
expanded public educational facilities are facilitated and coordinated in time and place
with plans for residential development, concurrently with other necessary services, and
WHEREAS. Section 235,193(3), Florida Statutes, states that the location of
public educational facifities shalf be consistent with the comprehensive plan of the
appropriate local governing body and the plan's implementing land development
regulations, to the extent that the regulations are not in conflict with or the subject
regulated ;s not specifically addressed by this chapter or the State Uniform Building
Code, unless mutually agreed by the local government and the School Board, and
WHEREAS, Section 163.3177(6)(a), Florida Statutes, was amended in 1995 by
the Educational Facilities Siting Act (hereafter lithe Act") to require that the Future Land
Use Element of a local comprehensive plan identify the Future Land Use Plan map
categories in which public educational facilities are an allowable usel and that all local
comprehensive plans must comply with this requirement no later than October 1, 1996;
and
WHEREAS, the Act identifies a specific process by which a local government
would review a proposed public educational facility site to determine whether it is
consistent with the local comprehensive plan and land development regulations; and
WHEREAS, Section 235.193(7), Florida Statutes allows a local government and
the School Board to agree on an alternative review process; and
WHEREAS, staff from the School Board, Pinellas County. several of the
municipalities, and the Pine lias Planning Council have met on a regular basis over
several months to develop locational review criteria that local governments can include
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In their Future Land Use Element 8S a common basis for determining whether a
proposed site Is consistent with a local government's comprehensive plan; and
WHEREAS, this staff group also developed an alternative review process that
can be use on a countywide basis and that is more representative of local procedures
than the one outlined in the Act; and
WHEREAS. both the City of Clearwater and the School Board have considered
the locational review aiteria and alternative review process; and
WHEREAS, the, City of Clearwater has amended the Future land Use Element
of the Comprehensive Plan to incorporate the provisions of Exhibit 2, that will serve as
the basis for determining whether a proposed public educational facility site is
consistent with the Comprehensive Plan's Future land Use Element policies and
categories in which such facilities are identified as allowable uses,
NOW, THEREFORE, in consideration of the covenants made by each party to
the other and of the mutual advantages to be realized by the parties hereto, the City of
Clearwater and the School Board agree as follows:
Section 1, Authority, This Interlocal Agreement is entered into pursuant to the general
authority of Section 163,01. Florida Statutes. relating to interlocal agreements.
Section 2. Puroose, The purposes of this agreement are to provide an alternative
process and locationsl a-iteria for revieWing a proposed public educational facility and
site plan, and offsite impacts as provided in Section 235,193(7), Florida Statutes. and
to recognize the mutual benefits derived from the coordination of planning between the
School Board and the City of Clearwater,
Section 3, Alternative Review Process Established.
(a) The City of Clearwater and the School Board agree to use the alternative
review process depicted as Option A in Exhibit 1 hereto, Where Option A ;s the
selected review process. the City of Clearwater has chosen the process for local
government approval, It is the intent that a final determination of consistency be made
by the local government within the 60 day time frame identified in Exhibit 1, unless an
extension is agreed to by both parties.
Section 4, locational Criteria.
(a) The School Board and the City of Clearwater agree to use the objective and
policies identified in Exhibit 2 of this Interlocal Agreement when selecting potential
educational facility sites and when reviewing a potential site during the review process
as set forth in Exhibit 1,
2
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Section 5. .Modifi~tion" Should either the City of Clearwater or the School Board
desire to modify either the alternative review process depicted In Exhibit 1 t or the
locatlonal review criteria Identified in exhibit 2, they shall notify In writing their Intent to
the other party, those other local governments that have entered Into a similar Interlocal
agreement with the School Board, and the Plnellas Planning Council. For the City of
Clearwater, such notice shall occur at least one month before the initial hearing of any
proposed amendments by the City of Clearwater local planning agency,
Section 6, Notice. Notice by either party to the other pursuant to this Interlocal
Agreement shall be given in writing and hand-delivered or mailed as follows:
If to the City of Clearwater:
City Manager
P.Q, Box 4748
Clearwater, Fl 34618..4748
If to the School Board:
School Superintendent
P.O. Box 2942
Largo, FL 34649-2942
Section 7, Construction, This InterJocaJ Agreement shall be construed as an
expression of inter-agency cooperation enabling each party the most efficient use of its
powers in furtherance of the objectives of the Educational Facilities Act and the Growth
Management Act, However, this Interloesl Agreement shall not be construed as
delegating or authorizing the delegation of the constitutional or statutory duties of either
party to the other,
Section 8. Termination. Either party may terminate this lnterlocal Agreement upon 30
days notice to the other, Upon termination, the City of Clearwater and the School
Board would use the review process identified in Section 235.193, Florida Statutes,
unless and until the two agencies are able to agree and establish another alternative
review process.
Section 9. Filina: Effective Date. As required by Section 163.01 (11), Florida Statutes,
this I nterfoca I Agreement shall be filed with the Clerk of the Circuit Court of Pinellas
County, after execution by the parties, and shall take effect upon the date of filing,
IN WITNESS WHEREOF, the parties hereto have set their hands and seals as
of the date set forth above.
Attest:
CITY OF CLEARWATER, FLORIDA by
and through its City Commission
I Clerk
Approved as to Form:
By:
Rita Garvey. Mayor
By:
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Countersigned: .
By:
Andrea Thacker, Chairperson
Approved as to Form:
By:
John Bowen, School Board Attomey
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PINELLAS COUNTY SCHOOL BOARD,
FLORIDA
By:
. Howard Hinesley, School Superintendent
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pre1nred by & return to:
Ear Barrett
Real Estate Services Mgr.
city of Clearwater
P. o. Box 4748
Clearwater, Fl. 34618-4748
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PUBLIC ACCESS EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1. 00)
Cash in hand paid to it, the receipt of which is hereby acknowledged,
and the benefits to be derived therefrom,
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Dan's Island 1600 Condomdnium Association, Inc.,
a Florida Corporation Not-For-Profit
1600 Gulf Boulevard
Clearwater, Florida 34630
as GRANTOR, does hereby grant, bargain and convey to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation, as GRANTEE, its
licensees, agents, successors and assigns forever, for the use of the
ge~eral public, a permanent, irrevocable 'non-exclusive easement for the
purposes herein expressed, over, under and across the following
described lapd, lying and being situate ,on the Island of Sand Key in
the City of Clearwater, County of Pinellas, State of Florida, to wit:
THE NORTH 5 FEET, AND THE WESTERLY EXTENSION THEREOF TO
THE MEAN HIGH WATER LINE OF THE GULF OF MEXICO, AS IT
MAY FRCto1 TIME TO TIME EXIST, OF DAN'S .ISLAND ON SAND KEY
- 1600, A CONDOMINIUM, AS RECORDED IN CONDOMINIUM PIAT
BOOK 84, PAGE 94 , OF THE PUBLIC RECORDS OF PlNELLAS
COUNTY, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" AND DEPICTED IN EXCHIBIT "B" ATTACHED HERETO
AND INCORPORATED HEREIN BY REFERENCE.
The easement rights granted herein shall be for the purposes of
providing public access to and from the mean high water line of the
waters of the Gulf of Me3xico as it exists upon the date of this grant
of easement, or as it may exist. from time to time hereafter, and to the
beach bordering the mean high water line.
GRANTEE shall install and maintain at its sole cost and expense,
if not presently installed, a five foot (S') concrete sidewalk, dune
walk-over structure, steps as may be required to access the public
beach, landscaping and such other 'surface improvements reasonably
necessary, in the sole judgment of GRANTEE,. to provide public access to
Sand Key Beach.
PAGE 1 OF 5
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The easement granted herein shall be for the use and benefit of
the GRANTEE and the general public, GRANTEE'S successors, assigns, its
invitees, lessees and licensees, including the GRANTOR, its officers,
members, employees, agents, invitees and assigns.
It is expressly understood and agreed that GRANTOR reserves unto
itself all rights of ownership of the easement premises not
inconsistent with the easement granted herein.
This easement is binding upon the GRANTOR, the GRANTEE, their
heirs, successors and assigns. The rights herein granted herein shall
be perpetual and irrevocable.
IN WITNESS WHEREOF, the GRANTOR has caused this Public Access
Easement to be executed in its name by its undersigned duly authorized
of~is=ers and its corporate seal to be hereunto affixed this ~ day of
M lJb:;-n1~K , 199JL .
Signed, sealed and delivered
in the presence of:
DAN'S ISLAND 1600 CONDOMINIUM
By~SOC~~07iTE:
Carol Heit, ~
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Print witness ~e
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WITNESS
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Sara Dickson, Secretary
STATE OF FLORIDA
COUNTY OF PINELLAS
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The foreg~;pg instrument was acknowledged before me this ~ day
of NtJlJi;7?1;tpe./( , 199f.. by Carol Heit,. ~resident of DAN'S ISLAND
1600 CONDOMINIUM ASSOCIATION, INC., a Florlda Corporation Not-For-
Profit, who, being duly authorized, executed the foregoing instrument
on behalf of said corporation, and acknowledged the execution thereof
to be her ree act an eed for the use and purposes herein set forth.
~.- ALAN S. ROSE
Notary Public, State 01 florida
My COmm. Explrts Sef!t. 12, 1999
No. CC4~937
Notary Pub11c - ~te of F ~
Type/Print name 'MILl S. () <5 c=-
~ersonally Known
[ ] Produced Identification
Type of Identification Produced
PAGE 2 OF 5
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STATE OF FLORIDA
COUNTY OF PINELLAS
C Thej,foregoing instrument was acknowledged before me this '1~ day
of ~ D~~.~tl , 199 ~ by Sara Dickson, Secretary of DAN'S I LAND
1600 ONDOMINIUM ASSOCIATION, INC., a Florida Corporation Not-For-
Profit, who, being duly authorized, executed the foregoing instrument
on behalf of said c rporation, and acknowledged the execution thereof
to be h f ee a t d deed for the use and purposes herein set forth.
.
.
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Notary Publ~c - S a
Type/Print name
. [ ~~onallY Known
[ ] Produced Identification
Type of Identification Produced
zr
ALAN 8. ROSE
Notary PublIc, State of Florida
My COmm. expires Sept. 12, 1999
No. CC494937
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PAGE 3 OF 5 .
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EXlDBIT If A"
LEGAL DESCRIPTION
DAN'S ISLAND OP SAND KEY, A CONDOMINIUM - 1600 GULF BOULEVARD,
as reoorded in Condominium Plat Book 84, and as being legally
described on page 93 thereof, in the pUblic Records of pinellas
county, Florida
That part of the North 1012.54 feet of Government Lot 1
in the Northeast ~ of section 30, Township 29 South,
Range 15 East, Pinellas County, Florida, lying West of
the right-of-way line of Gulf Boulevard (100' R/W) as
recorded in o. R. Book 1342, Page 284 of the Public
Records of said County, being further described as
follows:
commencing at the Northeast corner of said section 30;
thence N 89004'07n West, 2351.80 feet along the North
line of said Northeast ~ of section 30 to the West right-
of-way line of said Gulf BOUlevard (100' R/W) "and the
"Point of Beginning"; thence along said West right-of-way
line; S 31058'20" West, 543.15 feet to the North boundary
of "Dan's Island of Sand Key - a Condominium, 1660'Gulf
Boulevard", as recorded in Condominium Plat Book 60,
Pages 93 through 98, of the Public Records of said
County; thence along said North boundary the following
courses:
N 41059'48" West. 51.86 feet; thence S 81029'49n West,
32.93 feet; thence leaving said North boundary, N
23047'28" East, 60.67 feet; thence N 66012'32" West,
42.76 feet; thence S 23047'28" West, 13.00 feet; thence
N 66012'32" West, 65.80 feet; thence S 21049'04" West,
45. S4 feet to said North boundary; thence along said
North boundary; N 69033'33" West, 52.90 feet; thence
leaving said North boundary; N 20026'27" East, 394.22
feet to the North line of said section 30; thence 5
89004'07" East, 363.83 feet along said North line to the
"Point of. Beginning".
Containing 2.847 acres, more or less.
PAGE 4 OF 5
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EXHIBIT "B"
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PAGE 5 OF 5
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ADf.3
?Y;
Pre~ared by , return to:
tar Barrett '
tnqln~erinq ~nlstration
City ot Clearwater
1>, 0, Box 414B
Clearwater, Fl, 3461Bw4149
EASEMENT
. FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to them, the receipt of which is hereby acknowledged, and the benefits
to be derived therefrom,
MORGAN TIRE AND AUTO, INC., a Florida Corporation,
d/b/a Don Olson Tire & Auto Centers
2021 Sunnydale Boulevard
Clearwater, Fl. 34625-1202
do 'hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement
over, under and across the following described land, lying and being situate
in the County of Pinellas, state of Florida, to-wit:
The North 20 feet of the West 20 feet of the West 120.00 feet
of Lot 6, CLEARWATER INDUSTR~ PARK, according to the map or
plat thereof as recorded in Plat Book 44, Page 46 of the
Public Records of Pinellas County, Florida.'
This easement is for sanitary sewer purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above described premises and to construct, install and maintain thereon any
sanitary sewer facilities and to inspect 'and alter such sanitary sewer
facilities from time.to time. '
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Page 2 - Sanitary Easement
Grantor: Morgan Tire & Auto, Inc.
Grantee: City of Cle~rwater, Fl.
Date: ~~lrl2 , 1996
IN~SS WHERE~F' the
this I day of 0..,1-
Signed, sealed and delivered
~n~
ITNE~S
party (5) hereto have set their hand and seal
, 1996.
MORGAN TIRE AND AUTO, INC.,
a Florida Corporation, d/b/a
Don Olson Tire & Auto Centers
By:
~
President
~ (,,(,,~'" ~ ~~~,rd'
w tne...' prin S gnatur.
STATE OF FLORIDA
COUNTY OF PlNELLAS
Before me, the undersigned authority, this day personally appeared
Larry C. Morgan, who executed the foregoing instrument as President of Morgan
Tire and Auto, Inc., d/b/a Don Olson Tire & Auto Centers, and affirms that he
is duly authorized by said Corporation to execute said instrument and that
said instrument is the free act and deed of said Corporation.
WITNESS my hand and official seal thi s 1]..""'" day 0 f ~ ' 1996.
- STATE OF. FLORIDA
l! IC-k.' ~ L.. 0 fAJ~1\lS
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Vlct<IE L OWENS
My Comrl_bn CCS4f707
ElrpWM Mar. 2', 2000
[v) Personally Known
[ ] Produced Identification
Type of Identification Produced
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w..t 20'1.
North 20'
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SUNNYDALE BLVD.
LOT 6
CLEARWATER INDUSTRIAL PARK
P.8. 44 - P. 46
5' 'UtUlty Ealllmllf'lt
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2" Railroad Eoeement
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8/6/96
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority. personally appeared Larry C. Morgan. as
President of Morgan Tire & Auto. Inc.. a Florida Corporation, whom. being first duly sworn. does
depose and say:
1. That Morgan Tire and Auto, Inc. is the owner of legal and equitable title to the
the foUowing described property in Pinellas County. Florida, to wit:
"
The North 20 feet of the West 20 feet of the West 120,00 feet ofLat 6,
CLEARWATER INDUSTRIAL PARK, according to the Map or Plat
thereofas recorded in 'Plat Book 44. Page 46 of the Public Records of
Pinellas County, Florida.
, .
2, 1Dat said property is now in the possession of the record O\\>1ler.
3. That there has been no labor perfonned or materials furnished on said property for
which there are unpaid bills for labor or materials against said property, except:
NONE
4, That there are no liens or encumbrances of any nature affecting the title of the property
hereinabove described, except:
A. That certain note and mortgage in favor of Barnett Bank of Pincllas County, a
Florida Banking Corporation, dated February 7, 1995 as recorded in O. R. Book
8913, Pages 2188 - 2209. and re-recorded in O. R. Book 8921, Pages 2238 -
2259 to correct a scrivener's error, as modified by that certain Modification of
Mortgage docwnent recorded in O. R. Book 9169, Pages 826.836. all being in
the Public Records of Pine lias County, Florida; and,
"
B. That certain note and mortgage in favor of Florida Business Development
Corporation, dated September 11. 1995 as recorded in O. R. Book 9108. Pages
1912.1915. subsequently assigned to the U. S, Small Business Administration
on September 11. 1995, as re~rded in O. R. Book 9108. Pages 1916 ~ 1920, all
being in the Public Records of Pinellas County. Florida.
5, That it is hereby warranted that no notice has been received for any publil>hearing
regarding assessments for improvements by any government. and it is hereby
warranted that there are no unpaid assessments against the above described property
for improvements thereto by any govenunent, whether or not said assessments appear
of record.
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6, 1l1at there is no outstanding sewer service charges or assessments payable to any
government.
7, 1l1at the representations embraced herein are for the purpose of inducing the CITV
OF CLEARWATER, its agcnts) successors and assigns to rely thereon,
MORGAN TIRE & AUTO, INC.) a Florida
Corporation) d/b/a Don Olson Tire and Auto
Centers
By:
Swo
subscribed
to before
1996.
me
this
/sT"U
day
of
Vt~l~ L, OW~NS
PrintIType Name
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SUNNYDALE BLVD.
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North 20'
LOT 6
CLEARWATER. INDUSTRIAL PARK
P.S. 44 - P. 46
$' UlIlt)' EOlement
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prepared by and return co:
~arl Barrett
En91ne~~ln9 Department
C~ty of Clearwater
P. 0, Box 4'748
clearwater, Fl. 34618
CONSENT TO EASEMENT AND
SUBORDINATION OF INTEREST
THE UNDERSIGNED, OwnA[ of ~ lien on or secured interest in the
following described premises:
The North 20 feet of the Ifl!'lst. 20 f'eet of the If..t. 120.00 f'eet: of
Lot 6, CUCARMA'l"EP. INDUSTRIAL PARlt SUBDIVISION, according to the
fDap or plat. then=of acs re~rded in plat. Book 44, PAq\: 46 of the
Public Racord& or P.inellas County, Florida, and depic1:ecl in
attaohed EXHIBIT "It",
AS evidenced by a. mortqaqe dated February '7, 1995 a" recorded among t'.he Public
Rrac:orcls of Pinella15 County, I:~loridi& in O.R. Book en3, Page:; ?-188 - 2209, ,tl.,:-
recoxded in O.R. Book 8921, Page~ 2238 ~ 2259 to correct a scrivener's er[u=, a"
rnod1fi~d by that c~rt~in Modification of Mortgage docum&nt ruccrded in O.R. auur.
91G9. Page" 826 - 936, hereby consents 'to ..nd joins in the grHul..ing of 'that:
ccr~a1n San1taz:y Etlsement rji VE'!n on the 12th day of AUt)u~t. 1996 to t:hCo! CiTY OF
CLEARWA.TER, FLORIDA, a Florida Municip~l C:orporation, tlnc:J hereby further
subordinates said mortgage inLere:st. and all of thp. right, title, int.e~est and
claim thereunto accruing in said prumlse" to "aid easement qrant, tOlJ"the.r with
fa~ilities de"cribed therein.
IN WITNESS WHEREOF, the undersigned has caused these pre5ent~ to bo
~igned thi~ 13th day of November. 1996.
s1gned, sealed Mnd delivered in
the prC3enee of:
BARNETT BANK OF PINELLAS COUNTY, INC"
a Flor1d~ aanking Corporntion
~
f1J
BY: ~ -
Mi~ael~crowe. Senior V.ce pre.ident
51gnature
n~me ..:ro:n~'f\~ ~tSlhrl?f
S'l"ATE or J'IDRII)A
COUN'l':t OF PrNEI,LAS
The foregoing
November, 1996, by Mich~Al
Pinellas County, Ind.,
co.r:porat1on.
instrum~nt wa" acknowlec1yed betorc~ tl\U this 13th day of
5, Crowe, illS Senior Vic~ PtElsident of ~H.rnett Bank of
a FloridH Banking Corporation, on behalf of ~a~d
Wo ~~1I~ \'"Y)
No~ary pu !c - State 0
Print name DF80ijAH
~] Per~cnally Known
( J Produced Identification
TypQ or Identification Produced
,)
Ji~
OK
~., A (lS~M.HOORICK
Ii MY CiiinssK:tf , co IiOIl2G
EXPIfES: Occ::emler 20. ,.
IIoIDd n.v Notay PItIa .......
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Prepared by and return to:
Earl Barrett
Engineering Department
City ot Clearwater
P. 0, Box ~14a
clearwater, Fl, 34618
CONSENT TO EASEMENT AND
SUBORDINATION OF INTEREST
THE UNDERSIGNED, owner of a lien on or secured interest in the
~ollowing described premises:
The North 20 feet of the West 20 feet of the West 120,00 feet of
Lot 6, CLEARWATER INDUSTRIAL PARK SUBDIVISION, according to the
map or plat thereof as recorded in Plat Book 44, Page 46 of the
Public Records of Pinellas County, FloridA, and depicted in
attached EXHIBIT "A".
as evidenced by a mortgage dated September 11, 1995 in favor of the Florida
Business Development Corporation recorded among the Public Records of Pinellas
County, Florida in O.R. Book 9108, Pages 1912 - 1915, and subsequently assigned
to the U. S. Small Business Administration on September 11, 1995, as recorded in
O.R. Book 9108, Pages 1916 - 1920, being further identified as Loan No. CDC-L-
752, 897-30-Q8-FL, hereby consents to and joins in the granting of that certain
Sanitary Sewer Easement given on the t,rfl. day of A-!:!:6-\oU.I , 1996 by MORGAN
TIRE AND AUTO, INC., a Florida Corporation, d/b/a Doh Olson Tire and Auto
Centers, to the CITY OF CLEARWAXER, FLORIDA, a Florida Municipal Corporation, and
hereby further subordinates said mortgage interest and all of the right, title,
interest and cla~ thereunto accruing in said premises to said easement grant,
togethe~ with facilities desc~iped the~ein.
IN WITNESS WH~the undersigned has caused
signed this ~ ltJ:( day of M. bc.rt- , 1996.
Mortgagee: v' ,S' ... 5'11\ 0..
..
these presents to be
STM!E OF Afl<./J ,.J t nf
cotJN'rI OF I,?ir 1<,
i1~d,....bif
of
. L\. $", \ I..d /":uJ
...f)c".~.. /'1;---
Notary Public - State of r\ r'~ ,.\'" J,\)
PL:: ::X-z.{'n":;e. I..':'I.;\-l~
t ) Personally Known
[ ) PLoduced Identification
Type of Identification Produced
The fo~egoing instrument, was ~cknowledged before
, 1996, by .:::r ..,\ ",' L,.. C.....' as
day of
C"I/
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SUNNYDALE BLVD.
LOT 6
CLEARWA TER INDUSTRIAL PARK
P.S. 44 - P. 46
5' Utllt)' [oument
----
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2" Rollrood Eoum...,t
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8/6/96
Novo
legol.dwg
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ADELj
d7
~relared by , return to:
'tar Barrett
tnglneerln9 AdnUnlstratlon
City of Clearwater
p, 0, (lox 4748
. Clearwater, Fl. 34618-4748
EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to them, the receipt of which is hereby acknowledged, and the benefits
to be derived therefrom,
MORGAN TIRE AND AUTO, INC., a Florida Corporation,
d/b/a Don Olson Tire & Auto Centers
2021 Sunnydale Boulevard
Clearwater, Fl. 34625-1202
do hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement
over, . under and across the following described land, lying and being situate
in the County of Pinellas, state of Florida, to-wit:
The North 20 feet of the West 120.70 feet of the East 420.70 feet of
Lot 7, CLEARWATER INDUSTRIAL PARK, and the North 20 feet of the West
150.0 feet of the East 300.00 feet of Lot 7, CLEARWATER INDUSTRIAL
PARK, according to the map or plat thereof as recorded in Plat Book
44, Page 46 of the Public Records of Pinellas County, Florida.
This easement is for sanitary sewer purposes.
The CITY OF CLEARWATER, FLORIDA, shall
above described premises and to construct,
sanitary sewer facilities and to inspect
facilities from time to time.
have the right to enter upon the
install and maintain thereon any
and alter such sanitary sewer
Grantor shall have no present or future liability for encroachment, if
any, by business pylon sign as constructed and existing this date into the
easement premises herein granted. Any modification or relocation of said
sign as may be necessary for Grantee to fully utilize any portion of said
premises shall be solely at Grantee expense and with the consent of Grantor,
which shall not be unreasonably withheld.
,
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Page 2 -
Grantor:
Grantee:
Date:
Sanitary Easement
Morgan Tire & Auto,
Ci~ of Clearwater,
< ~~T/~ ,
Inc.
Fl. .
1996
IN WITNESS WHEREO~'A;~~party (s) hereto have set their hand and seal
this I~~ day of ~ ' 1996.
Signed, sealed and delivered
in the presence of:
x~~~
WITNES
Vt
w
MORGAN TIRE AND AUTO, INC.,
a Florida Corporation, d/b/a
Don Olson Tire & Auto Centers
((g '~t,/,f,., ~t.-fl"'/b- -r/
w tn.sa' pJ:int S gnatUJ:.
STATE OF FLORIDA
COUNTY OF PlNELLAS
Before me, the undersigned authority, this day personally appeared
Larry C. Morgan, who executed the foregoing instrument as President of Morgan
Tire and Auto, Inc., d/b/a Don Olson Tire & Auto Centers, and affirms that he
is duly authorized by said Corporation to ex.ecute said instrument and that
said instrument is the free act and deed of said Corporation.
!1r
WITNESS my hand and official seal this ~ day of
-1.'. UJrL .'"''''
Nt/1:ih~-l!14&TE OF FLORIDA ';L}.~
Type/Print Name 'he "-Ie ~.. OWeNS \:!!"~"
, 1996.
VICKIE l OWENs
~~nCC541707
. Mat. 21. 2000
,
[~ Personally Known
[ ] Produced Identification
Type of Identification Produced
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SUNNYDALE BLVD.
ApprolC. locatlon of 11;n
North 20'
Weal 120.70'
LOT 7
Eaat 420,70'
CLEARWATER INDUSTRIAL PARK
P.S. 44 - p, 46'
5' UlBlly EglemMl
-
-
-
-
-
-
-
-
2'. Railroad EClement
.
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Note: This Is not Q survey'
I
8/6/96
N 0'110
Legol,dwg
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AFFIDA VIT OF NO LIENS
STATE OF FLOmDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally 'appeared Larry C. Morgan, as
President of Morgan Tire & Auto, Inc., a Florida Corporation, whom, being first duly sworn, does
depose and say:
1. That Morgan Tire and Auto, Inc, is the owner of legal and equitable title to the
the foHowing described property in Pinellas County, Florida, to wit:
The North 20 feet of the West 120.70 feet of the East 420.70 feet of Let
7, CLEARWATER INDUSTRIAL PARK, and the North 20 feet of the
West 150.0 feet of the East 300.00 feet of Lot 7. CLEARWATER
INDUSTRIAL PARK, according to the Map or Plat thereof as recorded
in Plat Book 44, Page 46 of the Public Records of Pine lias County, Florida.
2. That said property is now in the possession of the record O\\11er.
3. That there has been no labor perfonned or materials furnished on said property for
which there arc unpaid bills for labor or materials against said property. except:
NONE
4. That there are no liens or encumbra~ces of any nature affecting Ute title of the property
hereinabove described, except:
That certain note and mortgage in favor of BridgestonclFirestonc. Inc., and Ohio
corporation, dated February 28. 1991 as recorded in 0, R. Book 7505, Pages
1365.1381 oCthe Public Records of Pine lias County, Florida.
5, l11at it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by any government, and it is hereby'
warranted that there arc no unpaid assessments against the above described property .
for improvements thereto by any government. whether or not said assessmCJJts appear
of record. '
6. l11at there is no outstanding sewer service charges or assessments payable to any
government.
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t'
, ': . ...:..(.(/:!...,:>~ "< )h~:,~,~:';r:~~'>f.\..\'" "':\ ".""6 ' ,"._ ".' ..',
7. That the representations embraced herein are for the purpose of inducing the CITY
OF CLEARWATER, its agents, successors and assigns to rely thereon.
MORGAN TIRE & AUTO. INC., a Florida
Corporation, d/b/a Don Olson Tire and Auto
. Centers
B)':
~
Sworn to and subscribed to before me this I ~ t/u day of December, 1996.
,a.ZI,OO
My Commission Expires
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Printlfype Name
alS
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VICKIE l OWENS
My 06mmle'*>n CC641707
~ht Mar. 11, 2000
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SUNNYDALE BL VO.
Appra.. location of sIgn
Norih 20'
West 120.70'
LOT 7
rOlt 420.70'
CLEARWA TER INDUSTRIAL PARK
P.S. 44 - P. 46
S' U111ly ECllement
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2" RoDraad Ecaament
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Prepared by and return to:
Earl Barrett
Engineering Department
City of Clearwater
p, 0, Box 4748
Clearwater, Fl, 34618
CONSENT TO EASEMENT AND
SUBORDINATION OF INTEREST
THE UNDERSIGNED, owner of a lien on or secured interest in the
following described prendses:
The North 20 feet of the Nest 120.70 feet of the East 420,70 feet
of Lot 7, CLEARWATER INDUSTRIAL PARK SUBDIVISION, and the North 20
feet of the Weat 150.00 f:eet of the East 300,00 feet of Lot 7,
CLEARWATER INDUSTRIAL PARK, according to the map or plat thereof as
recorded in Plat Book 44, Page 46 of the Public Recorda of Pinella.
County, Fl~ricb., and depicted in att.ached EafIBIT ;'A".
as evidenced by a mortgage dated February 28, 1991 and recorded in O.R. Book
7505, Pages 1348 - 1364 among the Public Records of Pinellas County, Florida,
hereby consents to and joins in the granting of that certain Sanitary Sewer
Easement given on the 12th day of August , 1996 by MORGAN TIRE
AND AUTO, INC., a Florida corporation, d/b/a Don Olson Tire and Auto Centers, to
the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, and hereby
further subordinates said mortgage interest and all of the right, title, interest
and claim thereunto accruing in said premises to said easement grant, together
with facilities described therein,
IN WITNESS WHEREOF, the
signed this 10th day of September
delivered in
BY:
Type
Title
caused these presents to be
W
Print name Wayne F. Bender
~:.. --:>n~ -
gnature
name Janice E. Martin
Address: 2550 w. Golf Road
Rolling Meadows. It 60008
S~ or Illinois
c:otJN'fi OF Cook
The foregoing instrument was acknowledged before me this 10th day of
,1996, by David P. Reichard as Manager of Assets
, on behalf of said
~ Personally Known
[ ) Produced Identification
Type of Identification Produced
OFJ:lCJAL SEAL
I!cWiN'A T SAMPLER
NOTM'f NOlle. STATE OF ILLINOIS
MV tIjMMIS6ltlN F.XPlRES; 10127/99
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North 20'
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CLEARWATER INDUSTRIAL PARK
EOIt 420.70'
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Item #28
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P~.ared by G return 1:0:
Bar s..rrett
J.nq1n~ing IoLbinbtr.t:ion
City at Clearwater
p, 0, box 4'148
Clearw.tor, Pl, 34618-4'148
d~
EASEMENT
. FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash
in hand paid to her, the receipt of which is hereby acknowledged,
and the benefits to be derived therefrom,
Patrioia B. Morgan, as Trustee, of the
Morgan Land Trust I dated January 1, 1992
2021 Sunnydale Boulevard
Clearwater, Florida 34625-1202
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an
easement over, under and across the following described land, lying
and being situate in the County of Pinellas, state of Florida,
to-wit:
The North 20 feet of the East 150.00 feet of Lot 7 of
CLEARWATER INDUSTRIAL PARK SUBDIVISION, according to the
map or plat thereof as recorded in Plat Book 44, Page 46
of the Public Records of Pinellas County, Florida.
This easement is for sanitary sewer purposes.
The,CITY OF CLEARWATER, FLORIDA, shall have the right to enter
upon the above described premises and to construct, install and
maintain thereon any sanitary sewer facilities and to inspect and
alter such sanitary sewer facilities from time to time.
IN WITNESS WHEREOF,
f 1/1. day of Jut'!
.
the Grantor has set its hand and seal this
, 1996.
Patricia B. Morgan, as Trustee
of the Morgan Land Trust I
~~nuarY 1, 1992
7~
Trustee
By:
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STATE OF FLORIDA
COUNTY OF PINELLAS'
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Before me, the undersigned authority, th;i.s day personally
'appeared patricia B. Morgan, as Trustee of the Morgan Land Trust I
dated January 1, 1992, who affirms that she is duly authorized'by
said Trust Agreement to grant the easement described herein and the
.execution thereof is her free act and deed as Trustee.
'. .
O''!-
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of
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hand and official
1996.
seal
this
...~.~D. OFFICIAL SEAL
! ~ NORMA C. JAMISON
i My Oommlulon El(plros
~ Aprl127, 1999 .
..~~~ Oomm. No. CO 521051
. ,
. Personally Known (..{'
Produced Identification [ J
Type of Identification PrOduced
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SUNNYDALE BLVD,
Eost 150'
LOT 7
CLEARWA TER INDUSTRIAL PARK
P.B, 44 - P, 46
5' Utl11ty Eosement
======================------------
. . 21' Railroad Easement - - - - - - - - - - - -
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AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF PINEL1J\S
BEFORE ME, the undersigned authority, personally appeared
Patricia B. Morgan, as Trustee of the Morgan Land Trust I dated
January 1, 1992, whom, being first duly sworn, does depose and say:
1. That said Trust is the owner of legal and equitable title
to the following described property in pinellas County, Florida, to
wit:
The North 20 feet of the East 150.00 feet of Lot 7 of
GLEARWATER INDUSTRIAL PARK SUBDIVISION, according to the
map or plat thereof as recorded'in Plat Book 44, Page 46
of the ,Public Records of Pinellas County, Florida.
2. That said property is now in the possession of the record
owner.
3. That there has been no labor performed or materials
furnished on said property for which there are unpaid bills for
labor or materials against said property, except (if none insert
"nonefl):
/\l 0 AI e-
I.
4. That there are no liens or encumbrances of any nature
affecting the title of the property hereinabove described, except:
That certain note and mortgage in favor of Countryside Bankers
(now d/b/a Intervest Bank, a Florida Banking corporation) dated
January 31, 1992 as recorded in O.R. Book 7800, Pages 1535 - 1552
of the Public Records of Pinellas County, Florida.
5. That it is. hereby warranted that no notice ~ has been
received for any public hearing regarding assessments for
improvements by any government, and it is hereby warranted that
there' are no unpaid assessments against the above property for
improvements thereto by any government, whether or not said
assessments appear of record.
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6. That there is no outstanding sewer service charges or
assessments payable to any government.
7. That the representations embraced herein are for the
purpose of inducing CITY OF CLEARWATER, its agents, successors and
assigns to rely thereon.
S oigna ure
. lo.ny.P<A~ua.. \of
WITNESS printe Name
s~nd
Patricia B. Morgan, as Trustee
of the Morgan Land Trust I
Dated January 1, 1992
this
pit.
day of
subscribed to before me
, 1996.
~1r (P. J;;m/so#
Print Type Name .
My
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LOT 7 '.
East 150'
CLEARWA TER INDUSTRIAL PARk'
P.B. 44 - p, 46
. 5' UtOlt)' Easement
=======================-----------
21' Railroad Easement - - - - - - - - - - -
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Prepared by and return to:
Earl Barrett
Engineering Department
City of Clearwater
P. 0, Box 4148
Clearwater, Fl. 34618
CONSENT TO EASEMENT AND
SUBORDINATION OF INTEREST
THE UNDERSIGNED, owner of a lien on or secured interest in the
following described premises:
'1'h~ Noxth 20 t"oet at: tho Eaat 150.00 f'eet of Lot 7 of CLEAlUt\TER
INDUS'rIUAL PAlUt SUBDIVISION, accordinq to tho map ox plat thereof
as recorded in. Pl.t Book 4C, paqe 46 of' the Public Recorda at:
Pinell.. County, rloz:ida, and de-pict.ftd in attached E":HIBIT ",n.
as evidenced by a mortgage dated January 31, 1992 in favor of Countryside
Bankers, (now d/b/a Intervest Bank, a Florida Banking corporation) as recorded
among the Public Records of Pinellas County, Florida in O. R. Book 7800, Pages
1535 through 1552, hereby consents to and joins in the granting of that certain
Sanitary Sewer Easement given on the 6th day of July, 1996 by Patricia B. Morgan,
as Tru:ltee of the Morgan Land Trust I dated January 1, 1992, to the CITY OF
CLEARWATER, FLORIDA, a Florida Municipal Corporation, .and hereby further
subordinates said mortgage interest and all of the right, title, interest and
claim thereunto accruing in said premises to said easement grant, together with
facilities described therein.
IJI" '1ffNESS WHEREOF, 1e
signed this ~ day of ...Av3Ll S
Signed, sealed and delivered in
the presence of:
'. /'}
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" Witness Signature
undersigned has caused these presents to be
, 1996.
BY:
Print name ~np~ l . S'l rior
aorATE or rtORIDA
COtJN'tt or PINELLAS
Not~ r.t',~,
Print name D.e brio.. J( a ~n
t>q Personally Known
[ ) Produced Identification
Type of Identification Produced
(seal)
OFFlCrAI. N ARY5EAL
DElIRA K MASON
:\OfARY f'LiIlJ.lC ~T^TE OF rLORIDA
COMM1~~510N NO, CCS49025
C::()~1" l~,'i1tl\l fXP, APR. 21 000
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ClEARWA TER INDUSTRIAL PARK
----------------------------------
----------------------------------
EXHIBIT "A"
SUNNYDALE BL VQ,
LOT 7
, P .8. 44 - P. 46
5' UtDlty Eoiernent
2" RcDroad Ealement
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6/'3/96
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PR1-
Clearwater City Commission
Agenda Cover Memorandum
30 ..."'........,..........,."..."..
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Meeting Date: i~:.j,.f2{9.?.:::~:i.:.':;:~.:::~:X~1
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SUBJECT: Park Name for Property on Sand Key
RECOMMENDATION/MOTION: Adopt Resolution No, 97 - 01 which contains the Parks and
Recreation Board's recommendation to name City property located at 1551 Gulf Blvd, "Bay Park on
Sand Key"
I!l and that the appropriate offIcials be authorIzed to execute same,
,
SUMMARY:
. The subject property is located at 1551 Gulf Blvd, as shown on the map attached to Resolution No.
97 - 01. A contract has recently been awarded to develop this park with two tennis courts,
playground apparatus, pedestrian trail, and parking facilities to support beach renourishment
activities.
. Previously, the Sand Key Civic Association recommended that the property be named 1/ Pelican Bay
Park" which was approved and recommended by the Parks and Recreation Board,
. On August 15, 1996, the City Commission denied this recommendation based on a concern that the
name did not adequately reflect the area in which the park property is located, The item was
referred back to the Parks and Recreation Board for reconsideration,
. The Sand Key Civic Association has submitted a new "Proposal for Park Name" form (attached)
recommending the name of UBay Park on Sand Key".
. Current Resolution No, 94 - 1 2 specifies that the Parks and Recreation Board will conduct an
advertised Public Hearing to consider recommendations for park names at a regular meeting of the
Board, This Public Hearing was held by the Board on Monday, November 25, 1996.
. Based on information gathered at the hearing, and on criteria contained in the resolution, the Parks
and Recreation Board approved a motion to recommend to the City Commission that the park
property be named UBay Park on Sand Key",
Reviewed ~:~1l1 t:~rwc:."" ;:~)[M ';0:\~:~:~~ft.m:li~ir~;~T.e~~ij); ..': ::(.' ..;.
Budget P#Mt7.iN1AW:fA>,
Purchasing ~#+WWN/AW;tMW Uoer Defllrtment:
Risk Mgmt, :~M)M?:N A'H,*}};'{$, Ma\~&~Q'f.k~::&TR~Qi.~:Y I
1 S ~~~~?~:~~:~~: A:~~-:1~:~i~{~::
ACM 11:~~~~~~:~:::~~:: ..":"~ :;':~'f
*$~t.#~{L' c .~. ~~:..?~;~~~~{i
Othllr ~~jt;[f:tn!U~:#:!:~~~~t. Advertlaed:
, r'l~i~rl!!~;\,!l:';'i
o Not Rllqultlld
Afflicted Pllttlel
D Notlfllld
o Not Required
Commlselon Action:
. '. N/A. 0 Approved
Toul 0 Approvod with Conditions
o Donled
o Continued to:
Funding Source:
o Clpltll
Improvoment:
o
OperatIng:
o
Other:
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Submitted by:
City MBr ~ '
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RESOLUTION
No. 97-01
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, NAMING CITY PROPERTY SHOWN
ON THE A IT ACHED MAP AND LOCATED AT 1551 GULF
BLVD, AS "BAY PARK ON SAND KEY,n PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City is the owner of real property located at 1551 Gulf. Blvd, which
is being developed as a neighborhood park; and
WHEREAS, the Sand Key Civic Association has submitted a request that the
property be named "Bay Park on Sand Key"; and
WHEREAS, the Parks and Recreation Board has recommended that the site be
narned "Bay Park on Sand Keyu; and
WHEREAS, the City Commission desires to formally name this site in accordance.
with the criteria established in Resolution No. 94 - 12; now therefore,
BE IT RESOLVED BY THE CITY COM1vfiSS'ION OF THE
CITY OF CLEARWATER, FLORIDA:
Section }, In accordance with the criteria previously established, the property located at
1551 Gulf Blvd, and shown on the attached map is hereby named UBay Park on Sand Key".
Section 2. This resolution shall take effect immediately upon adoption,
PASSED AND ADOPTED this
9th day of January, J 997.
Rita Garvey, Mayor-Commissioner
Approved as to fonn and
I~~~ ~.
lohn Carassas. Asst. City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
PARKS\8DO\'INSlR WlRESOLtlTION BAY PARK ON SAND KEY
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b 'J~I~~tiiloHda
Pub ':n(f~O!i~Dt
.
.
.
Please noft: un. PllIkI i:IIfd R~fitII()" BtJ.,tI """ ,,'" cofUldu Gny I'qJlt#r ht Mfflll'll ~ ~ ptUk."
. (IlOto1utJon f 94-1'1 AttAched)
.. "topoiat date:
a.,t... ~ - ~ ~t~
" " ., 1. Wbat.. the tUml1t QOtnmoI or un01'OclsJ name of tho park or property to \\11ieh thb~pUcaUon reten?
TO.".Con,. .o~t1: la, l'l'op."ty
~
:'Z, ,1.ocatlOD ofthcnbove park orpropertr- South or J 'OJ o:l auJ l' ItJ yd. a.ncf Il',..,
. " . RECOMMENDED NAME: 6.1' PlI"" Olr S"ltDlCsr
. 4, Will Utis ~ew name refer to the enUre ff.CUIty'l
r;J Yell
o No
$, U)'Ou IUIWCfCd .1'10' ,10 tIle above qUC5tloD. plM# ~Ja1n whIch area or portion of ille facUlty would be amaed by
UlJI '1W011UMp4oct ~:
, . .
...
'6, N~ ID4 ioIcphone Ilumber ofthC indiViduAl and/or oraan1Jadon Rwmme.ndl11& lhb .etlon:
: .: 'S~';D 'K~r ,'CIVIC. "'ssocr-14tZOl' . Phoot; 'g~iJC ,t~leN, VICJ'
"',:,. Il~DrortJlllrcqueSt(attacliadditJOn!lII\f'otnU1l1onasoeodcd): ".m1nq o~ nekt' f?r~
Pit If'.
8; >Hti the I~ nellbboC'hood homoolVDtrUls~alJoD been con~ regarding this I'CCOfIUJ'\COdatlOD? lJ' Yn. 0 No
'. 9, . 1I.~ uaOc1atloD In favor otthis ~tJon7 (YOU naY attaeh "o'tIificllUol1)
. JO.' Prink(! or IypednaDIO Or penon c;ompt~n, thluppUcaUOD: _, Dj c: ~ Rub. n
1!l Yes, 0 No
The a~ .won Is w'bmitted for C01Uldeiatlon 10 the
tor pARKS ANt? MCREA110N BOARD,
. '. St8Ol~ of appUc:ant or iSed,nco:
. ." 4 '", .
: .1 ..i"...,':: -', ., ....
Date: uD,Pt... L 1 9'~
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Clemwater City Commission
Agenda Cover Memorandum
3J
Item 1#
Heetlng Date: ____
"'1.Cf7
Fbi
SUBJECT:
UPDATE OF THE CITY'S FIRE PREVENTION CODE
RECOMMENDATION/MOTION:
Pass Ordinance 6109-97 on first reading, adopting the 1992 Edition of the Fire
Prevention Code of the National Fire Protection Association, NFPA-1.
e and that the appropriate officials be authorized to execute some,
BACKGROUND:
The city is mandated by Florida statute, Chapter 633, to adopt and enforce
a minimum fire safety standard.
The present code is the 1987 Edition of the National Fire Protection
Association, NFPA-1.
The 1992 Edition of the National Fire Protection Association, NFPA-1, has
been reviewed by staff to verify its consistency with the city's goals and
objectives.
Existing amendments listed in the Clearwater Code of ordinances, Section
17.33, have been continued in this Ordinance.
Present language regarding Fire Lanes has been modified to improve
clarity.
Sections regarding appeals have been deleted from the 1992 Edition of
NFPA-l in favor of existing language in Chapter 17 of the Clearwater Code
of Ordinances.
Sections regarding the fire sprinkler of existing buildings have been
deleted from the 1992 Edition of NFPA-l to conform with previous actions
of the Pinellas County construction Licensing Board.
Approval will bring the city of Clearwater into consistency with the
Pinellas County Fire Authority; which has already adopted this Code,
thereby applying uniform fire safety standards throughout the Clearwater
Fire District.
Revi Ned by:
legal .
Budget
Purchasing
Risk H9IIlt.
CIS
AC"
Other
~
N/A
N/"
originating Dept:
FIRE
Cost.: S ~O~
Total
User Dept:
$
Current Flscol Yr.
ec-iusfon Action:
o Approved
[J Approved w/condltlons
a Denied
[] Coot lnued to:
FIRE
Flrding Source:
D Cap I tal I"l>.
!J Operating
[J Other
Attactaentll :
PROPOSED ORDINANCE
""'\l'k'
Advert bed:
Dllte:
Paper:
rBI Not Requl red
Affected Parties
o NotUled
III Not Requf red
o None
stmftted bot:
Cft 4~aF
Appropr'.Uon COde:
() Printed on recycled paper
ORDINANCE NO. 6109-97
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA. RELATING TO FIRE PREVENTION;
AMENDING SECTION 17.32, CODE OF
ORDINANCES. TO ADOPT THE 1992 EDITION OF
THE FIRE PREVENTION CODE OF THE NATIONAL
FIRE PROTECTION ASSOCIATION (NFPA);
AMENDING SECTION 17.33. CODE OF
ORDINANCES. TO INCORPORATE AMENDMENTS
TO SECTIONS OF THE 1992 EDITION OF THE
NFPA FIRE PREVENTION CODE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Fire Marshal for the City of Clearwater is assigned the
duties of conducting fire safety inspections of buildings and facilities and
investigating violations relating to fire safety; and
WHEREAS, the 1988 edition of the NFPA Fire Prevention Code. which is
currently in effect within the City, has been superseded by the National Fire
Prevention Association's adoption of the 1992 edition; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
. .
Section 1, Section 17.32(1), Code of Ordinances, is hereby amended to
read as follows:
Sec. 17.32. Adoptio~ of National Fire Codes.
(1) There is hereby adopted the 1992 edition of NFPA 1t Fire Prevention
Code, of the National Fire Protection Association. and its incorporated standards
and codes as published in the National Fire Codes of the National Fire
Protection Association and listed in Chapter 43 AARE*-A of the NFPA Fire
Prevention Code and being particularly the most recent edition as listed in
Chapter 43 of the Fire Prevention Code or Chapter 4AM3 of the Florida
Administrative Code the1988 edition theroof, inCluding Appendix C of NFPA 30,
referred to in this article as the National Fire Codes, Such codes and standards.
are hereby incorporated by reference as fuUy as if set out at length in this
sedion, and the provisions thereof as they may be amended by ordinance from
time to time shall be controlling within the fire control district, To the extent that
the county construction licensing board adopts any subsequent editions of NFPA
'101. Life Safety Codet or any amendments thereto, then the edition so adopted
and any amendments thereto adopted by the board shall be enforced in the city
fire control district.
~
"
Section 2. Section 17,33, Code of Ordinances, is hereby amended to
read as follows:
Sec. 17.33. Amendments.
The National Fire Codes, as published by the National Fire Protection
Association, 1992 4988 edition is amended as follows:
Section 1-15.161 7.2 of NFPA 1, concerning the permitting of bonfires
and outdoor rubbish fires, is amended to include:
(1) Location Restricted, No person shall kindle or maintain any bonfire
or outdoor rubbish fire or authorize any such fire to be kindled or maintained on
any privately owned rand unless the location is not less than 50 feet or some
other distance approved by the fire department from any structure, and adequate
provision is made to prevent fire from spreading to any structure.
(2) Attendance of open fires. A bonfire or outdoor rubbish fire shall be
constantly attended by a competent person until the fire is extinguished, This
person shall have a garden hose connected to a water supply, or other fire
extinguishing equipment readily available for use,
(3) Chief may prohibit. The chief of the fire department may prohibit
any or all bonfires and outdoor rubbish fires when atmospheric conditions or .
local circumstances make such fires hazardous or constitute a public nuisance.
Section 3-5,1 & 3-5.2 3 1.1,10 of NFPA 1, concerning the required
access for fire apparatus... is amended to read:
All premises that the fire department may be called upon to protect in
case of fire shall be provided with suitable gates, access roads, and fire lanes.
Fire lanes shall be at least 20 feet (6,1 meters) in width with the road
edge, closest to the building at least ten feet (3.05 meters) from the building and
have a minimum of 13 ft 6 in (4,1 meters) of vertical clearance, Any dead-end
road more than 600 feet (183 meters) long sharr be provided with a tum-around
at the closed end at least 60 feet (18,3 meters) in diameter.
The designation, use and maintenance of fire Janes on private property
shall be accomplished as specified by the fire chief or fire marshal, It shall be
unlawful for any person to park motor vehicles on or otherwise obstruct any fire
lane,
. Section 3-5.4 of NFPA 1, concernina fire lanes. ;~ amendfK/ to read:
...........,~. ."J:....J ~...'it ....U;.l~f ~~ eel' - ~. "1
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Fire Lanes shall be marked with free-standina sions or sions mounted on .
the face of the building that have the words llFIRE LANE - NO PARKING. by city
ordinance" painted in contrastina colors at a size and spacina approved by the
authority having iurisdiction,
Section 4-2. 1 of NFPA 24, concerning the number and location of fire
hydrants. is amended to. read:
Hydrants shall be provided in sufficient number and be located in a
manner that will enable the needed fire flow <<ra f1ow-needeG to be delivered
through hose lines to all exterior sides of -abeut-any important structure, The
needed fire flow fire f1O\v nceded and the hydrant lacation shall be determined by
the fire chief or fire marshal but in no case shall hose lengths be greater than
500 feet for single-family structures and 300 feet for commercial structures,
Section 1-7 of NFPA 1. concernina appeal procedures. is herebY deleted
in its entirelY: and Sections 7-1,3,2. 7-1.3,2,1 and7-1.3.2.2. of NFPA 1.
concemina sprinklina af existina high-rise buildinas. are hereby deleted in their
entirety to. be consistent with previous actions by the Pinellas County
Construction Licensing Board.
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-Commissioner
Appraved as to form and
legal sufficiency:
Attest:
Cynthia E. Goudeau
City Clerk
I'
~ a-o..s :\-ClearwatermtyCOmmlSSlon 3~ Item':
~ 0 Agenda Gover Memorandum MeeUng Dale: J' CJ. q 7
SUBJECT: RESOLUTION TO ALLOW CLEARWATER GAS SYSTEM MANAGEMENT TO SIGN PERMIT
APPLICATIONS WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION
RECOMMENDATION/MOTION: Approve Resolution No. 97-05 authorizing the Clearwater Gas System
Managing Director, the Manager of Gas Operations/Pinellas, and the Manager of Gas Operations/Pasco
to sign permit applications submitted to Florida Department of Transportation,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. Clearwater Gas System (CGS) does numerous projects in both Pinellas County and Pasco County in
the Florida Department of Transportation (FOOT) right-of-way, which must be permitted by the
FOOT. These projects may include gas main or service line installation, gas main relocation, or road
crossings.
.
. CGS prepares approximately 75 FOOT permit applications annually which require appropriate
authorization on behalf of the City of Clearwater.
. Approval of Resolution No. 97-05 and the associated FOOT form for NCertificate of Incumbency and
Authoritylt will allow appropriate CGS management personnel to execute these permit applications
on behalf of the City in a prompt and efficient manner.
\
Reviewed by: Originating Department: oJ Costs: Commission Adlon:
Legal at' Clearwater Gas Syslem N/A o Approved
Budget .. N/A Tolal o Approved with Condlllons
Purchasing N/A User Department: N/A o Denied
RIsk Mgmt. N1A Clearwaler Gas System Curren I Fiscal Year 0 Conllnued 10:
IS MA II I - Funding Source:
ACM I 1"""1 ,lYJ ,. o Call1lallmprovemenl:
Other N/A I Advertised: 0 Ol'<!raUlIg:
I~J Date: 0 . Other: AiQchments:
Paper. Resolution No.97' 05
SubmItted by: tKJ Not RequIred Appropriation Code CertlOcale of Incumbency
~~ Affected Partla and AUlhority
0 NotiOed o None
tKJ Not Required
o Printed on recycled paper
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RESOLUTION NO. 97MOS
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, RESCINDING RESOLUTION 95M13 AND
AUTHORIZING CITY OF CLEARWATER OFFICIALS TO
SIGN APPLICATIONS FOR FLORIDA DEPARTMENT OF
TRANSPORTATION PERMITS; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is necessary from time to time that officials of the City of Clearwater,
including ilie City Manager's Office, the Engineering Department, and the Clearwater Gas System
(a Department of the City), sign applications for Florida Department of Transportation permits; and
WHEREAS, the City had authorized certain officials to sign applications for Florida
Department of Transportation permits by Resolution 95MB; and
WHEREAS, the City of Clearwater wishes to rescind Resolution 95-13 and designate
certain officials of the City of Clearwater as authorized by this Resolution to sign applications for
Florida Department of Transportation permits; and
WHEREAS, the City of Clearwater waives the placement of the City seal on all
documents signed by the undersigned representatives and agrees to be bound as fully as if the City
seal were affixed;
BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1, Resolution 95-13 is hereby rescinded and the City Commission does htreby
authorize the. following officials to sign applications for Florida Department of Transportation
permits on behalf of the City:
A. Elizabeth M. Deptula, City Manager
B. Richard 1. Baier, City Engineer
C, Donald A. Meerians, Assistant Traffic Engineer
. D. Terence C, Jennings, Chief Engineer
E. Charles S. Warrington, Ir" Managing Director & Executive Officer, Clearwater
Gas System
F, Milza .S. Barley, Manager of Gas Operations/Pinellas, Clearwater Gas System,
G. Bruce H. Griffin, Manager of Gas Operations/Pnsco, Cleanvater Gas System
.~
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Section 2. The City Clerk is hereby directed to forward three (3) certified copies of this
resolution to the Florida Department of Transportation, District VII, 11201 North McKinley Drive,
Tampa, Florida 33612-6403.
Section 3. lbis resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
.1997.
Attest: ·
Cynthia E. Goudeau,
City Clerk
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
."~~
John' Carassas
Assistant City Attorney'
Rita Garvey,
Mayor-Commissioner
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CERTIFICATE OF INCUMBENCY AND AUTI-lORlTY
I, Rita Garvey, Mayor-Commissioner of the CITY OF CLEARWATER, do hereby certify that
the person(s) whose name, title, position, and signature appear below are duly elected or appointed,
qualified, and acting representatives of the CITY OF CLEARWATE~ a political subdivision of the State of
Florida, and hold, on the date of this Certificate, the offices set beneath their name; that the signature
appearing opposite their name is the genuine signature of the representative; that the representative is duly
authorized for, and on behalf of the CITY OF CLEARWATER and the Cleanvater Gas System (CGS), a
department of the CITY OF CLEARWATER, to execute and deliver any application for permits and all
instruments between the CITY OF CLEARWATER and the DEPARTMENT OF TRANSPORTATION,
STATE OF FLORIDA, in connection therewith; and the execution and delivery of any such permit, and all
instruments in connection therewith, for and on behalfofthe CITY OF CLEARWATE~ are not prohibited
by, or in any manner restricted by, the terms of the CITY OF CLEARWATER'S Certificate of
Incorporation, iCs bylaws, or of any loan agreement,. indenture, or contract to which the CITY OF
CLEAR W A 't'ER is a party or under which it is bound.
I do further certify that the foregoing authority shall remain in full force and effect, and said
DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, shall be entitled to reply upon same,
until written notice of the modification, rescission, or revocation of same, in whole or in part, has been
delivered to said DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, but no such
modification, rescission, or revocation shall, in any event, be effective with respect to any permit documents
executed, or actions taken, in reliance upon the foregoing authority prior to the delivery to said
DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, written notice of said modification,
rescission, or revocation, the CITY OF CLEAR WATER hereby waives the CITY OF CLEARWATER seal
on all permit documents signed by the representative, and agrees to be bound as fully as if the CITY OF
CLEARWATER seal were affixed. Attached is a resolution to this effect.
Nwnes ofRepresentativeffitle(s)/
Position(s) of Representative
Signature of Representative
A. Elizabeth M. Deptula, City Manager
B. Richard J. Baier, City Engineer
C. Donald A. Meerians, Assistant Traffic Engineer
D. Terence C. Jennings, Chief Engineer
E. Charles S. Warrington, Jr., Managing Director, CGS
.~
F. Milza S. Barley, Manager of Gas OperationslPineJlas ~
G. Bruce H. Griffin, Manager of Gas OperalionslPaseo i '(P'yJ .A"";{L
IN WITNESS WHEREOF I have hereunto set my hand and affixed the seal of the CITY OF
CLEARWATER this
day of
,1997.
Attest:
Cynthia E. Goudeau,
City Clerk
Rita Garvey,
Mayor-Comm issioner
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
D~ ~ yo-
Jolm Carassas, Assistant City Attorney
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J\ESOLUTION 95- 13 (.' C frJ &f...,tku(j>
. ?JetS f
A RESOLUTION OP THE CITY OF CLEARWATER, PLORIDA, ~~~
AUTHORIZING CERTAIN CITY OFFICIALS TO SION APPLICATIONS J^
FOR FLORIDA DEPARTMENT OF TRANSPORTATION PERMITS;
PROVIDING AN EFFECTIVE DATE.
I ..
i
WHEREAS, it is necessary from time to time that the city sign
applications for Florida Department of Transportation permits; and
WHEREAS, the city wishes to designate those individuals on
its city staff who are authorized by this Resolution to sign
applications for the Florida Department of Transportation permits;
and
WHEREAS, the City waives the placement of the city seal on
all documents signed by the undersigned representatives and agrees
to be bound as fully as if the city seal were affixed;
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, PLORIDA:
Section 1. The city Commissioners do hereby authorize the
following individuals to sign applications for Florida Department
of Transportation permits on behalf of the'city:
A. Elizabeth M. Deptula, City Manager
B. William c. Baker, P.E., Assistant city Manager
C. Richard J. Baier, P.E., City Engineer
D. Donald A. Meerians, Assistant Traffic Engineer
E. Terence C. Jennings, P.E., Chief Engineer
section 2. The city Clerk is hereby directed to forward three
(3) certified copies of this resolution to the Florida Department
of Transportation, District VII, 11201 North McKinley Drive, Tampa,
Florida 33612-6403.
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this 30th of
, 1995.
Attest:
~~Z. ~0~'&'~'
C n la E. Goudeau,
cit Clerk
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6, Lt .
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CER'l'IFICA'l'S or IKctJMBEKCr AND AUTHORITY
I, Rita Garvey, Hayor-Commis.loner of the CITY OF CLEARWATER, do hereby
certify that th. pQroon(a) whose name, title, position, and signature appear
below aro duly elected or appointed, quAlifled, and acting representatives of the
CITY OF CLEARWATER, a political subdivision of the state of Florida, and hold,
on the date of thiu certificate, the offices Bet beneath thoir name1 that the
signature appearing opposite their name is the genuine signature of the
reprosentativel that the representative is duly authorized for, and on behalf of
the CITY OF CLEARWATER, to execute and deliver any application for permits and
all instrumente between the CITY OF CLEARWATER and the DEPARTMENT OF
TRANSPORTATION, STATE OF FLORIDA, in connection therewith; and the execution and
delivery of any Buch permit, and all instrumenta in connection therewith, for and
on behalf of the CITY OF CLEARWATER, Are not prohibited by, or in any manner
restricted by, the terms of the CITY OF CLEARWATER'S Certificate of
Incorporation, it'S bylaws, or of any loan agreement, indenture, or contract to
which the CITY OF CLEARWATER is a party or under which it is bound.
. I do further certify tha~ the foregoing authority shall remain in full
force and effect, and said DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, shall
be entitled to reply upon samo, until written notice of the modification,
rescission, or revocation of same, in whole or in part, has been delivered to
Bald DEPARTMENT OF TRANSPORTATION, STATE OF FLORIDA, but no such modification,
rescission, or revocation shall, in any event, be effective with respect to any
permit documents executed, or actions taken, in reliance upon the forgoing
autho~ity prior to the delivery to said DEPARTMENT OF TRANSPORTATION, STATE OF
FLORIDA, written notice of said modification, rescission, or revocation, the
CITY OF CLEARWATER hereby waives the CITY OF CLEARWATER seal on all permit
documents signed by the representative, and agrees to be bound as fully as if the
CITY OF CLEARWATER Seal were affixed. Attached is a resolution to this effect.
Names of Representative/Title(s)/
Position(s) of Representative
Elizabeth H.' Deptula, City Manager
William C. Baker, P.E. Assistant City Manager
Signature of Representative
Richard J. Baier, P.E., City Engineer
Donald A. Meerians, Assistant Traffic Engineer
Terence C. Jennings, P.E., Chief Engineer
IN WITNESS WHEREOF I~ve hereunt set my hand and affixed the seal of the
CITY OF CLEARWATER this ~ day of , 199 .
Attestt
C~~~. IJ-. .D..
cyn ia E. GoUdeau,
City Clork
i a Garvey,
Mayor-Commissioner
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
,gluttL !t-tif!r
PAMELA K AKIN, C ATTORNEY
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Clearwater City Commission
Agenda Cover Memorandum
3 3 Item H: F:',,:~:E;;:i,t:~;\~~.~~;;j:';:;:J~:'~::,;:::'~
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SUBJECT: Code Amendments Relating to Parks and Beaches
RECOMMENDATION/MOTION: Pass Ordinance No. 6122-97 amending Section 22.24 of the Code of
Ordinances, to extend the City Manager's powers to regulate the time, place, and manner in which parks
are used; and amending Section 22.40 of the Code of Ordinances to restrict the areas where dogs and
other pets will be permitted
181 and that the appropriate officials be authorized to execute same.
SUMMARY:
· Proposed Ordinance No. 6122-97 is attached. Amendments to Sections 22.24 and 22.40 are shown
by new wording being underlined and existing wording being lined out.
e The existing code prohibits dogs only from public beaches and those locations within parks where
food is served. The proposed ordinance will authorized the City Manager to prohibit dogs and to
regulate conduct in parks where necessary to protect public health and welfare.
e Currently, if a health, safety or welfare problem exists in a specific parks. signs must be posted for
police officers to take appropriate action. However, enforcement cannot take place unless the
problem is specifically prohibited by ordinance. For example, dogs are currently allowed on Sand Key
Bridge Park if they are on a leash. However, since this is a popular sunbathing area, it might be
preferable to prohibit dogs from the site. This is not enforceable since it is not addressed in the
current code. Under the proposed ordinance, the City Manager would have the authority to post an
appropriate sign which would have the effect of law and could be enforced by police officers.
· Basically; the proposed ordinance provides flexibility for the City Manager to post signs as deemed
necessary. Such signs would be enforceable.
e The purpose of the proposed ordinance is not to increase signage around the City, but rather to
appropriately regulate activities when the health, safety, and welfare of the public is of concern.
e Section 22.40 (4) relates to animals that provide sistance to disabled persons. It is amended to
incorporate current ADA standards.
Other !msr.a!~"~~{Wftf~i
Advertl.ed:
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Commission Action:
o Approved
o Approved w/Condltlona
o Denied
o Continued to:
Rovtewod by: rK<~:'~!1nt&vt. Orlglnatlng Departmon .
~:;;::: ~;:'i*;:.i:: 'jZi:';~f ~~7mf\<f.~~~~:~~i'::": ..:::.~;,,>:,
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Affected Portlos:
o Notified
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Funding Source:
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Irnpro VOllMnt:
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"
ORDINANCE NO. 6122-97
33
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PARKS, BEACHES, AND
RECREATION; AMENDING SECTION 22.24, CODE
OF ORDINANCES, TO EXTEND THE CITY
MANAGER'S POWERS TO REGULATE THE TIME,
PLACE AND MANNER IN WHICH PARK PROPERTY
IS USED BY THE PUBLIC; AMENDING SECTION
22.40, CODE OF ORDINANCES, TO RESTRICT THE
AREAS WHERE DOGS AND OTHER PETS WILL BE
PERMITTED; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager is empowered pursuant to Section 22.24 to
regulate public beaches to protect the public health, safety. and welfare; and
WHEREAS, the extension of the City Manager's powers to regulate park
property, as well, will also protect the public health, safety, and welfare; and
WHEREAS, the exclusion of dogs and other pets from certain designated areas
of public property will increase public safety and sanitation; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Section 22.24, Code of Ordinances, is amended to read:
Sec. 22.24. Authority to regulate beaches and park property.
The city manager is empomred in the exercise of the city manaaer's Ais
discretion to regulate the time, place and manner in which the public beaches and park
property of the city, or any portion thereof, are to be used and enjoyed by the public
and to authorize the postina of sians reaulatina public use. In doing so, the city
manaaer Re is to give due regard to the safety facilities available thereat, the
preservation of public property. the number of persons who can be safely protected and
safeguarded at the particular location, and the health and welfare of the public using
and wishing to use such facilities. The directions of the city manager given pursuant to
the authority contained in this section are declared to have the effect of law and shall
be enforced by the police officers of the city.
Section 2. Section 22.40, Code of Ordinances, is amended to read:
Sec. 22.40. Domestic Animals.
(1) Dogs and other pets shall will be excluded from any place where food and
drinks are consumed or where posted.
Ordinance' 6'122-97
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(2) In those park areas where dogs and other pets are allowed, the doasAll ,3- '3
pets shall at all times be restrained and on adequate leashes. and all other oets shall
be under the constant phvsical control of a person.
(3) All pets shall be 8f9 excluded from all public bathino beaches, public
pools. and swimming areas abutting public bathing beaches and parks.
(4) Seeing Eye dOQs. aAd guide dogs, sional dOQs, or other animals
invidividuallv trained to provide assistance to an individual with a disabilitv shall be
excluded from these regulations concerning domestic animals and shall be permitted in
, all public paFk areas and public facilities.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PADDED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
. Attest:
Cynthia E. Goudeau, City Clerk
Ordinance 16122-97
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Item #34
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Clearwater City Commission
Agenda Cover Memorandum
31 ItemN:
Meeting Dale:
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SUBJECT:
SOLID WASTE ORDINANCE REVISED FOR ROLL-OFF SERVICE
RECOMMENDATION/MOTION: Pass Ordinance 6117~97 on first reading which provides a rate
structure for the Solid Waste Department to operate in the roll-off business in competition with private
solid waste companies which includes leasing, servicing compactors and open-top containers, and
approves the FY1996/97 investment of approximately $235,400 in additional containers and compactors
to support the enterprise,
IBJ and that the appropriate officials be authorized to execule same.
BACKGROUND:
. A majority of the City Commission has approved the Solid Waste Department (CSW) providing rell-
off service in Clearwater and unincorporated Pinellas County in competition with the private hauling
companies.
. The City Commission has expressed a concern that the competitive "playing field" be made level by
having CSW charge a 15 percent surcharge on total amount billed as is required of the private
hauling companies permitted to provide roll-off service in Clearwater. This is accomplished on pages
4 and 5 of Ordinance 6117-97, Section 6 (b)(i)and(ii~onthly fee of 15 percent-etc."
o The City Commission expressed a desire that the private hauling companies apply to the City
Manager for roll-off permits instead of the Director of Solid Waste. Ordinance 6117~96 establishes
the City Manager as the issuing authority for roll-off permits (page 1, section 32.292),
. Ordinance 6117-97 conforms to all of the direction and guidance provided by the City Commision.
Request Commission approval to proceed with the expansion of the program within Clearwater and
unincorporated Pinellas County beginning with the current fiscal year.
. Funding in the amount of $145,000 is available in capital improvement project (CIP) 315-96429,
Commercial Container Acquisition, for the acquisition of roll-off containers. The balance of $90j400
will be provided by a first quarter budget amendment transferring operating expenses no longer
required as the sole provider of roll-off services.
Reviewed by: Originating Department:
legal ~:r~'~~:~'.~!.:.\., .JrJ~::<' ~'.:'~:;', ~ :..), .~. ~';;":~f.~J;~!~/:"~ ',". <"t,~.~
Budgel r.v';"<:",,^~,:\:::,:.:.'.:' Solid Wasle.J :1J.
Purchasing t. ',):\"J LbVA.,;,k(~'t: User Department: 7\.(11. .
Risk Mgml. t{":::"ii'~tNlA~,:-:'.f::-,:.,j };~;;:/-~ ;::".;);~"~}t'~i~. ~:'~:.:J :".
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Costs:
Commission Action:
., $4&7,400"0 Approved
Total 0 Approved with Conditions
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Currcnl Fl~cal YC;l.r 0 Conllnued 10:
Funding Source:
[H] Capllallmprovcml?n':
o Operating:
o O.hl?r:
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Attachments:
Ordinance 6117-97
Submitted by:
alV~
o Printed on recycled paper
tIll Nol Required
Affected Parties
Appropriation Code
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ORDINANCE NO. 6117-91
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA. RELATING TO SOLID WASTE MANAGEMENT
ROLL-OFF SERVICES; AMENDING SECTIONS 32.292,
32.293, AND 32.296; AND ADDING NEW SECTIONS
32.298 AND 32.299 CLEARWATER CODE OF
ORDINANCES; AMENDING THE SCHEDULE OF FEES,
RATES AND CHARGES TO APPENDIX A FOR SOLID
WASTE ROLL~OFF CONTAINER SERVICE;
REASSIGNING CERTAIN DUTIES AMONG CITY
OFFICES; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1.
Section 32.292, Clearwater Code of Ordinances. is amended as follows:
Sec. 32.292. Application.
Every person required to procure the permit for roll-off container service provided for in
section 32.291 shall submit an application for such permit to the city manager-dlrector of publio
WOFk&. The application shall: .
(1) Be a written statement upon forms provided by the city. Such application form
shall include an affidavit to be sworn to by the applicant before a notary public of
the state.
(2) Require the disclosure of all Information necessary in compliance with this
division.
(3) Be accompanied by a permit fee in the amount set out in appendix A to this
Code.
(4) Be submitted to the city manager 9y-too.director of public YJorks together with all
pertinent information required in this division, in order that a determination can
be made by the city manager.
(5) Contain a complete record of all arrests and convictions against the applicant
and every partner, officer or dIrector of the applicant for violations of any and art
laws and ordinances of the city, county, state or federal government.
(6) Contain the names of employees responsible for the operation of applicant's
business, meaning those who wlll manage, administer and supervise the
business under the permit when issued, including the amount of experience
possessed by each such employee. If such employee Is other than a partner or
director of the applicant, then each such employee shall complete a city pollee
department background Jnformatlon report, executed under oath, and submit to a
background Investigation, photograph and fingerprints.
1
Ordinance No. 6117.97
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(7) Contain the following additional information:
Number, type and size of waste collection vehicles in use;
(a)
(b)
(c)
Number of employees assigned to each waste collection vehicle;
Name and location of every establishment In the city, Including short.term
construction sites, where roll-off containers are placed and serviced by
the applicant.
Section 2.
Section 32.293, Clearwater Code of Ordinances, is amended to read as
follows:
Sec. 32.293. Prerequisites to Issuance.
In determining whether or not a permit for the placement or servicing of roll-off
containers should be issued, the city manager shall consider and base his decision on the
following:
(1) A review of the material submitted pursuant to section 32.292;
(2) A review of all convictions of the applicant, the reasons therefor and the conduct
of the applicant subsequent to release; ,
(3) The license history of each applicant;
(4) The certificate of approval of the city manager directoF'-of public works to the
effect that the applicanl'has satisfied the following:
(a) The adequacy of the equipment to be used;
(b) The applicant has agreed to remit to the city each month a fee as set out
in appendix A to this Code, and the applicant has agreed to furnish a
duplicate copy of the applicant's monthly billing;
(e) The applicant has agreed to make all books and records applicable to the
business conducted under the permit required by section 32.291
available to the city for Inspection and audit;
(d) The applicant has provided a copy of a certificate of insurance
demonstrating that the appllcanfs employees performing work pursuant
to the permit are covered by workers' compensation Insurance.
Section 3. Section 32.296, Clearwater Code of Ordinances, is amended as follows:
2
OrdInance No. 6117-97
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Sec. 32.296. Tennlnatlon, denial, renewal. '
(1) All permits for roll-off container service Issued pursuant to this divIsion shall be
valid for net more than one year and shall terminate on September 30 of each year.
(2) . Each permit holder shall make a written application for renewal on forms
provided by the city manager director of public works on or before October 1 of each calendar
year. which renewal application shall update the Information provided by the initial application
and shall be accompanied by a fee in the amount required for initial applications.
(3) Applications for renewal shall be processed in the same manner as an initial
application.
(4) No permits required by this division shall be renewed, and no new permit shall
be Issued to any person unless the city manager superintendent of sanitation determines that
the city is unable to collect, rerryove or dispose of certain garbage, rubbish and other
accumulations In 6uch C3se. he then EhalJ.-.6ubmit his written findings to accompany the
applic:JtlcriE snld such flnding& sh311-be considored in the Issuanoo or ranew.al process.
(5) Such permit may be terminated or denied by the cIty manager director of public
works but only'after the procedure set out in section 29.41(2) has been followed.
Notwithstanding the procedure set out in ~~ction 29.41(2). appeal of the City Manage"s
decision to terminate or deny a new permit or renewal st/all be to the City Commision.
(6) The granting or renewal of a permit pursuant to this division shalf not be
construed as a grant of a franchise or of vested rights.
Section 4. Section 32.298. Rates. shall be added to the Clearwater Code of
Ordinances as follows:
Sec. 32.298. Rates.
Bates for roll-o" seNice are "Gled In Appendix A - Schedule of Fees. Rates and
Charges. S~clion XXV. Public Wprks Utility F~es, Bates and Charg~s.
Section 5. Section 32.299. Prohibition shall be added to the Clearwater Code of
Ordinances as follows:
Sec. 32.29$. Pr9hlbltlon.
No nazardous or medical waste shall be placed 10 City of Clearwater roll-off containers
or compactors. Hazardous andlor medical waste shall be disposed of by authorized contractors
in compliance with federal. state and local laws and regulations.
Section 6. Appendix A, Section XXV. PUBLIC WORKS-FEES RATES AND
CHARGES, (5) Other mlscelJan~ous charges, shall be amended as follows:
(5) Other miscellaneous charges:
......***
3
Ordlnanca No. 6117.97
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(b) Solid waste roll-off container service:
ill Private service fees:
1. Permit fee to place or service containers. (~32.292(3))........$50.00
2. Monthly fee of 15 percent of the gross revenue billed by permit
holder from the Installation or servicing of roll-off containers or
compactors within the city for the preceding month, Including foll-
off containers Installed permanently and temporarily.
(Sec.32.293(4)(b)).
!ill Public service fees~
1..
Monthly fee of 15 percent of the gross revenue billed from the
installation or servicing of roll-o" containers or compactors within
the city for the preceding month. including roll-off containers
installed permanently and temporadly.
2.. Pull charges. A pull being the hauling. dumping and returning of a
container one round trip.
.a.. 20 yd. - $82.61 per pull
b... 30 yd. - $86.96 per pull
~ 40 yd. - $91.30 pe(.Rull
.a.. Deposits.
a Roll-off compactors. A $400 deposit will be charged fQ.[
each roll-off compactor.
D. Open top container. A $400 deposit will be charged for
open top roll-off containers. Service charoes Will be
assessed against the deposit until it Is Insufficient to cover
the next pull and disposal bill. At that time the customer
will be required to make a payment on accouot or
replenish th~ deposit In order to cover the next service
bllllng.
2..
1)1e initial deposit may be set at fe~s than the normal three
month level upon determination of being in business fQI
two years or more or otherwise providing satisfactory
credit worthiness and by executino a special
deposiVpayment agreement approved by the director of
solid waste Which provides for a more rapid payment
schedule than normal.
4
Ordinance No. 6117.97
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~ Other service charges.
iL. Rental. A $3 per day rental charge will be assessed for
cQntainers not pulled and dumped a minimum of once
each month.
. ~ Rinse and deodoriz~ $21.74.
~
Overload charge $50 for any container loaded above the
rim.
d.. Damage. Damage to container will be assessed at actual
cost of repair.
e... Enforcement. Any charg'es assessed against a city roll~off
~ehlcle for overweight or overloading will be paid by th~
customer to whom the container service is provided.
f... Malfunction. Containers that are damaged and/or not
maintained properly and cannot be dumped will be
returned to the owner for repair and a pull charge
assessed for the trip. After repair. a second pu/f charg~
will be assessed for the pull along with disposal fee anQ
other appropriate charges.
~ Premium service. Any roll-off service required after duty
hours or on weekends or holidays where overtime must be
paid will be billed to the customer at time and one-half Q[
150% of the established charge.
h. Placement or retrieval. A $50 charoe will be assessed for
the placement or retrieval of a container reQuesfed and not
used or returned empty without an associated pull charge.
L lease and Service Rates. Lease and service rates for
compactors will be based upon the size. type and
installation requirements of the compactor as detennined
by the director of solid waste.
5... Charges for roll-off service represents the tar.,g~t level of charges
for the s~lVice~ rendered from which the solid waste department
will flex Up or down to be cost effective while provIding the mo~1
economical service to customers.
5
OrdInance No. 6117.97
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. Section 7. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
, PASSED ON SECOND AND FINAL
READING AND ADOPTED
. . Approved as to form and
legal sufficiency:
n Carassas, Asst. City Attorney
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'Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
.6
Ordlnanco No. 13117.97
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Clearwater City Commission
Agenda Cover Memorandum
Heetlng DBte~ 1/09/97
35
SUBJECT: PERMITTING THE SALE AND/OR CONSUMPTION OF ALCOHOL AT PUBLIC SPECIAL
EVENTS
RECOMMENDATION/MOTION:
Pass ordinance No. 6118-97 on first reading relating to sales and consumption
of certain alcoholic beverages during special events; creating code of
ordinances sections 22.88 through 22.91 to provide for alcoholic beverage
special event permits and to provide a permitting procedure for the issuance of
such permits upon certain conditions; amending sections 6.31 and 22.59 to
exempt permitted sales and consumption from certain prohibitions; and providing
an effective date.
~ and that the appropriate officials be authorized to execute same.
BACKGROUND: Historically, Clearwater has not permitted the sale and/or
consumption of alcohol at public special events. In recent years interest from
the business and residential community has been building to amend the
ordinances that prohibit such activities. city staff has researched other
communities who actively allow the sale and consumption of alcohol during
public events and those findings (attached) indicate how the permitting process
is handled and consequences thereof. Based on this research and the following
provisions, we recommend amending the ordinance.
1. Permitting the sale and/or consumption of alcohol at public special events
supports the city of Clearwater's goals to increase tourism and its.
mission to foster a festive environment for its citizens.
2. Permits would be allowed based on strict adherence to established
criteria. Recommendations for criteria are included in section 22.90 (1-
15) of the proposed ordinance regarding conditions to permit, in addition
to those contained in section 22.83.
3. The proposed ordinance states that the permitting process requires
approval of the Special Events Committee. This committee would be
comprised of representatives from, but not limited to, city departments
including Parks and Recreation, Engineering, Permitting, Tourism, Legal,
Risk Management, Finance, and the Marina as necessary depending on the
nature of the event. Final approval is required by the city Manager.
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COllIllisslon Action:
o Approved
o Approved w/condltions
o Denied
[J Continued to~
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Originating Dept:
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Advertised:
Date:
Paper:
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Affected Parties
IJ Motlfi,ed
[J Not Required
Fan:ling Source:
o Capitol I"".
o Operat I n9
o Other
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Appropriation Code:
N/A
Attachments:
,Ordinance 6118-97; City
Permit comparisons; Benefits
& Disadvantages Matrix
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4. By passing the proposed ordinance allowing the sale and/or consumption of
alcohol during public special events, the event will be required to be
sponsored or co-sponsored by the City of Clearwater.
5. A matrix of other cities that' currently permit the sale and/or consumption
of alcohol at public special events is attached which compare: 1) what
type of permit is allowed; 2) geographic restrictions; 3) to what extent
each city is involved; 4) what insurance and licenses are required; 5) if
the' city receives a fee for services or receives revenue from the sale of
alcohol; and 6) restrictions on types of containers allowed.
6. A matrix of other cities who currently permit the sale and/or consumption
of alcohol at public special events is attached which compares methods of
handling security.
7. As a result of community research, benefits and disadvan: ges have been
identified. A list is attached.
8. Specific concerns have been addressed in section 22.90 (~q) which provide
the ability to confine sales and consumption of alcohol to designated
areas and likewise to provide for designated non-alcohol areas.
.'
\
ORDINANCE NO. 6118-97
AN ORDINANCE OF THE CllY OF CLEARWATER,
FLORIDA, RELATING TO SALES AND
CONSUMPTION OF CERTAIN ALCOHOLIC
BEVERAGES DURING SPECIAL EVENTS;
CREATING CODe OF ORDINANCES SECTIONS
22.88 THROUGH 22.91 TO PROVIDE FOR
ALCOHOLIC BEVERAGE SPECIAL EVENT
PERMITS AND TO PROVIDE A PERMITTING
PROCEDURE FOR THE ISSUANCE OF SUCH
PERMITS UPON CERTAIN CONDITIONS;
AMENDING SECTIONS 6.31 AND 22.59 TO
EXEMPT SUCH PERMITTED SALES AND
, CONSUMPTION FROM CERTAIN PROHIBITIONS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, it is desirable to authorize the sale and consumption of beer
and wine at special events located upon property owned by the City of
Clearwater or where the City is a sponsor or co-sponsor, in order to provide the
ability to hold a broader range of events for resident and visitor attendeesl and to
specify criteria for permitting of such activities;
now, therefore,
BE IT ORDAINED BY THE CllY COMMISSION OF
THE CITY OF CLEARWATER. FLORIDA:
Section 1... Sections 22.88 through 22.91, Code of Ordinances, are created to
read:
Sec. 22.88 Permit reQuired for special event alcoholic 'beverage
sales/consumption.
No person shall sell or consume alcoholic beverages at a special event as
defined in Section 22.72. which is located on property owned by the city or where the
city is a sponsor or co-sponsor of the event. unless an alcoholic beverage special event'
permit shall hav~ been obtained from the city manager.
Sec. 22.89 Alcoholic beverage special event permit-city property O(
GPonsorship.
OrdInance No. 6118-97
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(1) Sale and/or consumption of alcoholic beverages at a special event located
on property owned by the city or where the city is a sponsor or co-sponsor of the event
may be authorized by issuance of an alcoholic beverage special event permit.
(2) A person seeking approval for such sale and/or consumption activity shall file
a separate application with the city manager on forms provided by the city l.
(3) The application shall be filed not less than 15 days prior to the proposeq
special event.
(4) The application for an alcoholic beverage special event permit shall include.
in addition to any information which is reQuired under Section 22.82. the following
information~
(a) Diagram depicting areas within the event venu~ within which beverage s~les
are to occur:
(b) Documentation of state alcoholjQ beverage licensing.
Sec. 22.90. Conditions-Alcoholic beverage special event permit.
Permits issued pursuant to Section 22.59 for sale and/or consumption of alcohQlic
beverages at a special event shall be subject to the following conditions in addition to
~ contained in Section 22.83;
(1) No applicant shall be issued more than 3 permits per year. and no permitted
event may exceed 3 days in -duration.
exemp~~~~~eb~~~~~ ~urrenttax-~~1-
(3) The applicant must provide. in addition to insurance required under Section
22.82(Q). general liability and other insurance as reQuired by the provisions of Florida
Statutes for the sale and/or consumption of alcoholic beverages.
(~) Only Qeer. as defined in Florida Statutes Section 563.01. and wine. as
defined in Florida Statutes Section 564.01. shall be served.
(5)The proposed safes and/or consumption activity must be associated with a
public event.
(6) The proposed sales al1d/or consumption activity Will not unreasonabl~
interfere with or detract from the promotion of public health. welfare. safety and
recreatiol).
(7) The proposed sales aod/or consumption activity will not entail extraordinary
or burdensome expense or police operation by the city.
2
Ordlnanco No. 6118-97
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(2) A person seeking approval for such sale and/or consumption activity shall file
a separate application with the city manager on forms provided by the cityl
(3) The application shall be filed riot less than 15 days prior to the proposeq
~pecial event.
(4) The application for an alcohqllc beverage special event permit shan include.
in addition to any information which is required under Section 22.82. the fAl/owing
information:
(a) Diagram depicting areas within the event venue within which beverage sales
are to occur:
(b) Documentation of state alcoholic beverage licensing.
Sec. 22.61. Conditions-Alcoholic beverage special event permit.
Permits issued pursuant to Section 22.59 for sale and/or consumption of alcgbQliQ
beverages at a special event shall be subject to the following conditions in addition to
those contained in Section 22.83:
(1) No applicant shall be issued more than 3 permits per year. and no permitted
event may exceed 3 days in duration.
-7 (2) Permits shall be issued only to nonprofit organizations.
(3) The applicant must provide. in addition to insurance required under Section
22.82(Q). general liability and other insurance as required by the provisions of Florida
Statutes for th~ sale and/or consumption of alcoholic beverages..
(4) Only beer. as defined in Florida Statutes Section 563.01. and wine. as
defined in Florida Statutes Section 564.01. shall be selVed.
(5)The proposed sales and/or consumption activity must be associated with a
public event. :
(6) The propos~d sales and for consumption activity will not unreasonably
interfere with or detract from the promotion of public health. welfare. safety and
recreation.
"
(7) The proposed sales and/or consumption activity will not entail e~raordinary
or burdensome expense or police operation by the city.
(8) The use of alcobolic beverages is not expected to result in violence. crime or
disorderly conduct.
2
Ordinance No. 6t 18.97
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(8) The use of alcoholic beverages is not expected to result in violence. crime or
disorderly conduct.
(9) The person responsibl~ for conducting the event on behalf of the applicant
meets state minimum age licensing requirements and has not been convicted of a
feJ.Qny or crime involving moral turpitude.
('l0) The applicant has obtained all necessary federal. stat~ and local permits to
engage in the proposed sales and/or consumption actjvi~,
(11) Hours of operation for the sales and/or consumption activity shall comply
with the provisions of section 6.29(1).
(12) Alcoholic beverages shall be served in clear plastic containers only. and no
cans or glass containers shall be permitted: the applicant shall provide for proper
disposal of litter resulting from the activity.
(13) The applicant shall comply with all ordinances associated with permitting of
events upon public property.
(14) The sale and consumption of alcoholic beverages shall be confined to
designated and secured areas within the event venue or shall be confined within"
secured perimeter for the entire event.
(15) The applicant shall pay all additional costs of police and other City services
attributable to the sale or consumption of alcoholic beverages during the activity.
Sec.22.91 Procedural requirements: certain use provisions not applicable.
The provisions of Sections 22.84 through 22.87 shall apply to alcoholic beverage
~ecial event permits. In addition. applications for such permits shall be reviewed by
the Special Events Review Committee prior to permit issuance by the city manager.
Activities taking place pursuant to an alcoholic beverage special event permit issued
under this chapter shall not be subject tQ tbe use requirements contained in Sections
41.071 through 41.073 and 6.2ft.
Section 2. Section 6.31, Code of Ordinances, is amended to read:
Sec. 6.31 Prohibited acts.
.**.*
(4) It shall be a violation for any person to sell or consume any alcoholic
beverage, or to possess any opened or unsealed container containing an alcoholic
3
Ordinance No. 6118.97
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beverage, at the following places, except pursuant to an alcoholiQ beverage spec@1
~vent permit issued under the p(ovislons of sections 22.88 through 22.91:
(a) On any public beach.
(b) On or in any public street, alley, sidewalk, parking lot or right-ot-way,
including but not limited to unimproved public street rights-ot-way
terminating at a body at navigable water.
(c) In any public park. For the purposes of this subsection, the tenn Alpark" shall
mean all parks and athletic fields. and all grounds u'sed by the city for park
or playground purposes. excluding Jack Russell Stadium and the
Clearwater Country Club Golf Course when the sale or consumption of
alcoholic beverages has been authorized by the terms of any lease or other
agreement approved by the city commission.
(d) In any public building. except in any portion of a public building when rented
to private parties. This prohibition shall not apply to the Performing Arts
Center and Theater.
*****
Section ;3. Section 22.59, Code of Ordinances, is amended to read:
Sec. 22.59. Possession of alcoholic beverages.
No person shall sell, consume or have in his possession any alcoholic beverage
as defined in section 6.21 of any form on any park property. This prohibition shall not
apply to the Performing Arts Center and Theatert to the Harborvfew Center, to any
portion within a public building when rented to private parties, or to Jack Russell
Stadium and the Clearwater Country Club golf course when the sale or consumption of
. alcoholic beverages has been authorized by the terms of any lease or other agreement
... approved by the city commissiont or to ~vents held pursuant to an alcoholic beverage
~oecial event pennit issued under the provisions of sectipns 22.88 through 22.91
Section 4. This ordinance shall take effect immediately upon adoption.
4
Ordlnaneo No. 6118-97
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
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Approved as to form and'
legal sufficiency:
, Leslie K. DougalJ-Si e
Assistant City Attorney
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Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau. City Clerk
Ordinance No. 6118.97
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PERMIITING THE SALE AND/OR CONSUMPTION OF ALCOHOL
AT PUBLIC SPECIAL EVENTS
BENEFITS I DISADV ANT AGES
Deccmbcr 1996
BENEFITS:
1. Maintain the quality or improve the level of cntertainment for existing events.
2. Offset a trend of reduccd financial sponsorships from the private sector.
3. Obtain readily available new sponsor support from bccr and/or winc distributors.
4. Ability to gencrate revenue from proceeds of on-site sates.
. '5. Possibility to maintain or reduce sponsor or co-sponsor cost to the City.
6. Attract a broader range of attendees both residents and visitors.
7. Attract a broadcr range of event participants.
8. Ability to provide a broader range or type of events for rcsidents and visitors
to enjoy.
9. Financially able to incrcase number of events throughout the City.
10. Reduce or eliminate the dangcr of losing existing events such as the Bud Light
World Volleyball Championships, ASA National Softball Tournaments and
Coors Light Womcn '5 Volleyball Tour where the sponsor product can not be sold
or consumed.
11. Create and rcstore ability to stagc hospitality rcceptions for sponsors and/or
volunteers at event site.
12. Improve the. overall perception of available activities in Cleanvater for both
residents and visitors.
13. Puts Clearwater in an cqual competitive situation with nearby cities who are
already allowing sale and/or consumption of alcohol at publ ic special events.
14. From im Economic Development perspecti ve, improve the overoll vitality
or the community. .
DISADVANTAGES:
1 . Due to an anticipated increase of cvent attcndance, parking needs wiU likely
increase.
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2. Due to an anticipated increase of event attendance, traffic congestion wiJIlikely
increase.
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3.. Due to the number of increased events particularly in the summer, stand-by medical'
emergency services may be needed.
4. Public intoxication is possible.
. 5. . The possibility of public disturbance exists.
6. Additional security is required.
7. Glass containers could cause injury.
. NafE: While the above disadvantages exist, no major problems were reported by any of
. . the. cities in the research study who are actively involved with events where the sale and
consumption of alcohol is pennitted. Additional security at the cost of the event promoter
and strict adherence to codes and event requirements minimize problems and provide
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" City of Clearwater
", PERMITTING. THE SALE AND/OR
CONSUMPTION OF
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, . ,. ALCOHOL AT PUBLIC SPECIAL EVENTS
December, 1996
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PERMITIING THE SALE AND/OR CONSUMPTION OF ALCOHOL
AT PUBLIC SPECIAL EVENTS
BENEFITS
1. Maintain the quality or improve the level of entertainment for existing events.
2. Offset a trend of reduced financial sponsorships from the private sector.
3. Obtain readily'available new sponsor support from beer and/or wine distributors.
. 4. Ability to generate revenue from proceeds of on~site sales.
, S. Possibility to maintain or reduce sponsor or co-sponsor cost to the City.
6. Attract a broader range of attendees both residents and visitors.
7. Attract a broader range of event participants.
8. Ability to provide a broader range or type of events for residents and visitors
to enjoy.
9. financially able to increase Dumber of events throughout the City.
10. Reduce or eliminate the danger of losing existing events such as the Bud Light
World Volleyball Championships, ASA National Softball Tournaments and
Coors light Woments Volleyball Tour where the sponsor product can not be sold
or consumed.
11. Create Bnd restore ability to stage hospitality receptions for sponsors andJor
volunteers at event site.
12., Improve the overall perception of available activities in Clearwater for both
residents and visitors.
13. Puts Qearwater in an equal competitive situation with nearby cities who are
already allowing sale and/or consumption of alcohol at public special events.
14. From an Economic Development perspective, improve the overall vitality
of the community.
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CRITERIA TO PERMIT SALE AND/OR CONSUMPTION OF ALCOHOL
AT PUBLIC SPECIAL EVENTS
November 27. 1996
1. Permit for sale and/or consumption based on no more than 9 days (3, 3~day
permits) per year and, as per state legislation, requiring applicant to have a non-
profi t status"
2. Pennit will be for beer and wine only and will not include distilled alcohol.
3. Permit for use on Clearwater's public property with the City as a sponsor or co-
sponsor, will be considered on a case-by-case basis.
4. Proposed activity must be associated with the public event.
5. Proposed activity or uses of public property will not unreasonably interfere with or
detract from the promotion of public health, welfare, safety and recreation.
6. Proposed activity will not entail extraordinary or burdensome expense or police
operation by the City.
7. Proposed activities or uses that are reasonably anticipated will not include
violence, crime or disorderly conduct.
8. The applicant has not been convicted of a felony or crime involving moral
turpitude.
9. Applicant shaJl be bound by all roles and regulations and all applicable
ordinances associated with pennitting an event on public property.
10. Applicant must meet state guidelines for minimal age.
11. Applicant has all necessary federal, state and locai permits to engage in the
activity requested.
12. Applicant meets all genera11iability and other insumnce requirements related
to the sale and consumption of alcohol.
13. Sale or consumption of alcohol conforms to typical hours allowed by the City.
14. Alcohol will be served in clear plastic containers. No cans or glass will be
permitted.
15. Applicant will be responsible for all extra police and other City service costs
attributable to the sale or consumption of alcohol during the activity.
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CRITERIA TO PERMIT ALCOHOL - Page 2
16. . The sale and consumption of alcohol will be confined to designated and secured
areas within the event venue as in a Beer Garden fonnat or secured at the perimeter.
of the event area. . .
17. Request for pe:nnit must be reviewed and meet approval of the City's Special
Events Review Committee. '.
18. The Police Department shall have the authority to revoke a permit upon a finding
of violation of any rule or ordinance or upon good cause shown. .
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See. 6,.29. Closing hours.
(1) There are hereby established the following hours of closing for
all alcoholic beverage establishments:
(a) Alcoholic beverage establishments shall not sell or allow to be
served or consumed on the premises, and no person shall consume on the
premises of any such establishment, any alcoholic beverage between the
hours of 2:00 a.m. and 8:00 a.m. on any day of the week except Sunday.
(b) Alcoholic beverage establishments shall not sell or allow to be
served or consumed on the premises, and no person shall consume on the
premises of any such establishment, any alcoholic beverage between the
hours of 2:00 a.m. and 1:00 p.m. on any Sunday.
(2) Additional limitations:
(a) Alcoholic beverage establishments licensed for the sale of beer,
wine or liquor for consumption off the premises only shall not sell:
1. Beer or wine between the hours of 12:00 midrlight and 8:00
a.m. each weekday, and between the hours of 12:00 midnight Saturday and 1:
00 p.m. on Sunday; or
2. Liquor between the hours of 12:00 midnight and 8:00 a.m.
each weekday, and between the hours of 12:00 midnight Saturday and 8:00 a.
m. Monday.
(b) Establishments licensed to sell alcoholic beverages for
consumption on the premises shall not sell liquor between the hours of 1:
00 p.m. Sunday and 8:00 a.m. Monday for consumption off the premises;
however, such establishments may sell packaged beer or wine during such
hours for consumption off the premises.
(3) The planning and zoning board or the city commission, as a
condition of approval of a conditional use application or a variance from
the separation requirements, respectively, may impose earlier closing
hours or later opening hours or both if such condition is deemed by the
board or commission to be reasonably related to one or more of the
criteria required to be met for such conditional use approval or variance.
In such cases, the violation of the condition shall be deemed a violation
of this section, and the citation or notice of violation shall include a
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(Code 1980,
· 72. 15 ; Ord . No . 5129 " · 1 , 10 - 3 - 91 )
Sec. 6.30. Special events.
The 'city commission may authorize the sale of alcoholic beverages at
special events for which a permit has been issued by the city manager in
accordance with the provisions of section 22.81et seq.; however, no
alcoholic beverages shall be sold or consumed in any location where
prohibited under the terms of section 6.31.
(Code 1980,. 0 72. 16 )
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DOWNTOWN DEVELOPMENT BOARD
January 9, 1997
Honorable Mayor Rita Garyey
Clearwater City Commissioners
128 North Osceola Avenue
Clearwater, Florida 34615
Re: Ordinance No. 6118-97 Permitting The Sale And/Or
Consumption Of Alcohol At Public Special Events
De'ar Mayor & City Commissioners:
On January 8th, the Downtown Clearwater Development Board voted
unanimously to give the City its full support for approval of the
referenced ordinance.
We appreciate your consideration of this important issue and look
forward to a prosperous ye f for Clearwater.
uv
'P.O. Box 1225 C Clearwater, FL 84617 0 (813) ~61.0011 (lKt. 2111
" ',' ~'~_.J:.........a-...~~..._n
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CLEAr\WATEf\
=S4'z~
~H 0 LID A Y
~
December 31, 1996
COPIES TO'
COMMISSION
JAN 02 1997
PRESS
CLERK I ATTORNEY
Dear Mayor Garvey and Members of the
Clearwater City commission:
It has come to our attention that the issue of allowing the
sale of alcoholic beverages at Clearwater events will come before
the Clearwater Commission for its consideration in early January.
The Clearwater Jazz Holiday Foundation Board of Directors has
discussed this issue many times and it is our consensus that the
sale of alcoholic beverages at Clearwater events, under certain
distinct criteria and guidelines, would be a great asset to the
events in providing a stable revenue source. Corporate sponsors
are becoming more and more difficult to secure. There are many
worthy events and charities and a relatively small pool of
available corporate sponsors.
For example, the sale of alcoholic peverages as an ongoing
revenue source would provide stability to our events' caliber of
performers. The sale could also provide a revenue source for paid
administrative support. Paid administrative support is becoming a
crucial component to our events' continued efforts to become a
nationally and internationally known tourism draw to the Clearwater
area.
\ Also, many neighboring municipalities already allow the sale
of alcoholic beverages at events. The sale of alcoholic beverages
in these municipalities has not been shown to be a liability to the
integrity of such ~vents.
We ask your most careful consideration of this issue, and we
thank you for your continuing support of the Clearwater Jazz
Holiday.
DPK/ lp
_ ~relY'
Deborah Pointer
Chairman
Clearwater Jazz Holiday Foundation
Copy to: Jean Sherry, Director or Tourism
City of Clearwater
Clearwater Jazz Holiday Foundation, Inc.
P.O. Box 72780 Clearwater, FL 34618-7278
AwMnlN tIIId ""In/led by ltw arOlI.r C/o"""lItr ChMlNr 01 Commllrce 1979-J 989
h.
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~tHJMISf)'N~
JAN 09 1997
FRJ.:tl :
PHt:.::iS
CLERK I ATTORN EyTan. 09 1997 09:S3A'1 P1
FHN: NJ. : +
BILL AND LYNN ZINZOW
2277 MINNEOLA ROAD
CLEARWATER, FLORIDA 34624-4966
PHONE OR FAX 813 799-2931
January 9) 1997
TO: Mayer Rita Garvey and City Commlssloner$
FAX:' 462-6720
We sincerely hope that you have the courage to v'ote ~galn8t permUtIng the sale of
, e.lcoholic beverages at City of Clearwater f\.loctlons with the park system. It really would send
mlxed messagea to our citi:r.eos and community.
, , ,
. 8111 ancll.ynn Zlnzow
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seNT ayt Oli~ottl fX 2100 ;,'-?'-~? '~"AM;
6134492426-+
._~1336t~64~~ i# t..
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January 8, 1997
. < .. . ' ., .',
. ('(.J,Ll.IEltS>,
'.. ,~~ f{N ( ), I ,,1::"'" :...
.': : ;~,",...(1 , . < .' ~.
Mayor Rita Garvey
CommlssiotuU' Karen Seel
Commissioner Ed Hooper
, Commissioner I.B. Johnson
Commissioner Bob Clfttk
City of Clearwater
Clearwater, Florida
'0" . , .' of
,", I . I, I
Cotnnwd.J. R.eal Eau\e St.rv\w
111 ~(Mtolt^~
Cnnrv.tt, F\onlI.J56U-W l
leUI +lZ.l1!14
FA)(, leI)) 41902411
..,...,.~t1~
Dear Mayor and Commissioners:
I am 100% behind serving alcohol at publIc functions at Coachman Park and other public
facilities, In order to be competitive with nelaJ1borlng communities as well as throughout the
. State, it is n~ssuy for the City of ClcarwatcI to provide a compllfDble business and recreational
environment.
I encourage you to approve the sale of alcohol as this will help defray the cost to the citizens for
public, cmnmunity and art activities.
~
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CGUkn AmoIIl. 'Ii.qI Bqr, Orlancla, Pm MJtI1
Col/Jtr; InIlmlUcdJ . Owr 180 OffIc.ln 35 Counaitt
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0mutr,.ar...a..-r.1CL'f, TbllW.~ f\n.taI, ~dwn. 8oldblSlclt1llla. ~ l\ntr 1M.u.Mt.~ c.-.Maka, Unlude-
~OMPANES
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BY:
, FOR:
PROGRESS REPORT
TO
PINELLAS COUNTY MPO
US 19 DESIGN STUDY
SR 60 To Enterprise Road
State Project No. 15150-1595
WPI No. 7117210
3Cp
H. 'V. LOCHNER In Association with
POST, BUCKLEY, SCHUH. & JER'\jlGAt.~ and
DRC CONSULTANTS,
FLORIDA DEPARTi\tfENT OF TRANSPORTATION
DISTRICT 7
J{}.5
. December 11, 1996
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AGENDA
PROGRESS REPORT
TO
PINELLAS COUNTY METROPOLITAN PLANNING ORGANIZATION
US 19 DESIGN STUDY
SOUTH OF SR 60 TO NORTH OF ENTERPRISE
STATE PROJECT NO. 15150-1595
DECEMBER llt 1996
I INTRODUCfION
Florida Department of Transportation, District 7
Ralph Lauria, Proje~t Manager
H.W. Lochner in association with Post, Buckley, Schuh &
Jernigan and DRC Consultants
Tom Shaffer, Project Manager (H.W. Lochner)
II PROJECT OVERVIE'"
A. Purpose
B. Limits
III SCHEDl'LE
A. Tasks
B. Status
.
.
IV DEVELOPMENT OF ALTERNATIVE CONCEPTS - STATUS
A. South of Seville Boulevard to CSX Railroad
B. ~SX Railroad to i'1orth of Enterprise Road
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32?~
RESOLUTION NO. 97-02
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ASSESSING CERTAIN REAL PROPERTY LOCATED IN I. A.
lvtASONS SUBDIVISION, CLEARWATER, FLORIDA, HAVING
A POST OFFICE ADDRESS OF 1006 N. GREENWOOD
AVENUE, CLEARWATER, FLORIDA, AS DESCRIBED MORE
PARTICULARLY HEREIN. IN THE AMOUNT OF $6,297,00 FOR
THE COSTS OF DEMOLITION INCURRED IN REMOVING A
DANGEROUS STRUCTURE, WITHOUT TIlE CONSENT OF
OWNER.
, WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard
Building Code, the Building Official detennined that certain real property described herein and the
building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and
detrimental to the hea1t1" safety, and general welfare of the community. and did 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 Cleanvater 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 THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The Building Official having ordered the demolition of the building situated on the
foUowing described property:
Lot I, I. A Mason's Subdivision
(parcel Number 10/29/15/55908/000/00 1 0).
Owner of record:
Adult Comprehensive Protection Services
8130 66th Street North #12
Pinellas Park, FL 34665
.". ..\.
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and the City of Clearwater having 'now completed said. work, the City Commission docs hereby assess
and charge a lien on behalf of the City of Clearwater against the property for the necessary costs
incurred as foHows:
TOTAL DEMOLITION COSTS
(See Attachment" An)
$6t297.00
Section 2. As soon as practicable. a Certificate of Indebtedness against the property for the
amount of assessment shall be preparCd, 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 with interest at a
rate of eight percent (8%) per annum.
Section 3, 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 ADOPTED this
day of
t 1996.
"
I
Attest:
Cynthia E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
Approved as to fonn and
legal sufficiency:
2C== ~ ·
000 Carassas
Assistant City Attorney
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ATTACHMENT "AIt
Resolution 97-02
(1006 N. Greenwood Avenue - Clearwater, Florida)
TASK
TIME
NALOL - (pineUas CountY Records for ownership)
Various correspondence and telephone calls
. Purchase requisitions
Take photographs ' .
TOTAL HOURS
7.5
EXPENSES
AMOUNT
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i
Seven and one-half(7.5) hours @ $25.00 per hour.
Film, developing, and prints .
Certified Mail and regular postage
Title Search - Sexton Title Setvices, Inc.
Asbestos Survey - Occupational Health Conservation, Inc.
Asbestos Removal- Lang Engineering of Florida
Monitoring of Asbestos Removal - Occupational Health Conservation, Inc.
Demolition (Kimmons Contracting Corp.)
$187.50
11.24
3.48
65.00
730.00
0.00
0.00
5300.00
, TOTAL EXPENSES
$6297.22
LIEN AMOUNT
$6297.00
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RESOLUTION NO. 97-03
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
ASSESSING CERTAIN REAL PROPERTY LOCATED IN
BELLEAJRSUBDMSION, CLEARWATER, FLORIDA, HAVING
A POST OFFICE ADDRESS OF 1359 S. Fr. HARRISON
AVENUE, CLEARWATER, FLORIDA, AS DESCRIBED MORE
PARTICULARLY HEREIN, IN 1lIE AMOUNT OF $6373.00 FOR
TIlE COSTS OF DEMOLITION INCURRED IN REMOVING A
DANGEROUS STRUCTURE, WITHOur THE CONSENT OF
OWNER.
WHEREAS, pursuant to Chapter 47 of the CleaIWater Code of Ordinances and the Standard
Building Code, the Building Official detennined 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 did 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 fien on behalf of the City of Clearwater against the property;
now, therefore,
BE IT RESOLVED BY TIIE CITY COMMlSSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1, The Building Official having ordered the demolition of the building situated on the
following described property:
Lots 10 and II, Block 15, BeUeair Subdivision
(parcel Number 21/29/15/06462/015/0100 ).
Owner of record:
Da Mae Ceraolo
c/o Howard P. Rives, ill
1265 S. Myrtle Avenue
Clearwater, FL 34618
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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 fonows:
TOTAL DEMOLiTION COSTS
(See Attachment II A")
$6373.00
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 with interest at a
rate of eight Percent (8%) per annum.
Section 3. 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 PinelJas County,
Florida.
Section 4. This resolution shaJ]take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,1996.
Attest:
Cynthia'E. Goudeau
City Clerk
Rita Garvey
Mayor-Commissioner
Approved as to fonn and
legal sufficiency:
~. w
Assistant City Attorney
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ATfACHMENT "A"
Resolution 97-03
(1359 S. Ft. Hanison Avenue - Clearwater, Florida)
TASK
NALOL - (pineUas County Records for ownership)
Various correspondence and telephone calls.
Purchase requisitions
Take photographs'
TOTAL HOURS
EXPENSES
Fourteen (14) hours @ $25.00 per hour
. Film, developing, and prints
. Certified'Mail and reg1.11ar postage
Title Search - Sexton Title Services, Inc. '.
Asbestos sUrvey - Occupational Health Conservation, Inc.
AsbeStos Removal- Lang Engineering of Florida
Monitonng of Asbestos Removal- Occupational Health ConselVation, Inc.
~ Demolition (Howard Junmie's)
TOTAL EXPENSES
LIEN AMOUNT
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TIME
14
AMOUNT,
$350.00
40.32
3.80
65.00
670.00
1049.60
395.00
3800.00
$6373.72
$6373.00
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RESOLUTION NO. 97-04
3Q
6 C,
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA. ASSESSING THE
OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED
THE OWNERS' LOTS.
WHEREAS, it has been determined by the City Commission of the City of Clearwater that,
for the purpose of promoting the health, safety and general welfare of the citizens and residents of
the City, real property within the City should be cleared of weeds, rubbish, debris and other
noxious material; and
WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was provided to the
owner of each of the lots listed in Exhibit A, and the notice required each property owner to cause
the violation to be remedied or to file a notice of appeal within 10 days after the date the property
was posted; and
WHEREAS, the property owners have failed to take remedial action within the time
provided and have failed to file a notice of appeal within the time allowed, or appealed the notice
of violation but failed to take remedial action within the time provided by the Code Enforcement
Board, and it became necessary for the City to take remedial action; and '
WHEREAS. the owner of each lot listed on Exhibit A has been provided with a notice and
opportunity within which to pay the costs and administrative charges set forth on Exhibit A. but no
payments have been received; now, therefore,
BE IT RESOLveD BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The City Commission finds the preamble hereof to be true and correct.
~ection 2. The City Commission hereby assesses a lien upon each parcel of real property
listed on Exhibit A for the actual costs of mowing or clearing, plus administrative costs. as shown
on Exhibit A.
Section 3. The City Clerk Is hereby directed to prepare a notice of lien against each
property listed on Exhibit A and to record the same in the public records of Plnellas County,
Florida. .
PASSED AND ADOPTED this
day of
.1997.
Rita Garvey
Mayor-Commissioner
.
Approved as to form and
legal sufficiency:
'ec
fZ~
Assistant City Attomey
Attest:
-----
Cynthia E. Goudeau
City Clerk
Resolution 97-04
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Resolution Trust Corp. Carolina Terrace Annex, Lot 35 125.00 200,00 325.00
, Theresa A Panfili Breeze Hill Sub, Block A, Lot 6 125.00 200.00 325.00
Ella M Dixon Plaza Park. Blk F. Lot 5 136.20 200.00 336.20
Robert & Marcia Warren Pine Crest Sub, Blk 2, Lot 9 125.00 200.00 325.00
James Liddell Jr. Pennsylvania Sub, Lot 13 . 125.00 200.00 325.00
Robert & Marcin Warren Pine Crest Sub. Blk 2, 125.00 200.00 325.00
Lots 8 & 9
Jonathan Hawkins Mcnitt's Replat. Lor 11 155.25 200.00 355.25
Bryan Morgan Skycrcst Unit 10, Blk K, Lot 3 133.05 200.00 333.05
11/12/96
Lela Blocker Est Greenwood Park No.2. elk D, . 142.15 200.00 342.15
'clo Fred Wilder Lots 1 & 2
James & Jerry Center Hibiscus Gardens, Blk D. 125.00 200.00 325.00
. Lots 6 & 7 and E5.21t1 of lot 8
1604 N Ft Harrison Ave Inc E A Marshall Sub, Lot 16 128.50 200.00 328.50
clo Salsbury Pene
City Housing Assist Corp Palm Bluff 1'\ Add, S SO' of 125.00 200.00 325.00
lor 14
W S F Trust 8/6/90 Lincoln Place, Block 4, Lot 14 125.00 200.00 325.00
Peggy Kimble Live Oak Court. Lot 6 147.05 200.00 347.05
Anna & Virginia Chase Woodmere Heights, Lot 18 146.70 200.00 346.70
Daisy WjJJjams Palm Park Sub, Blk C, Lot 16 138.58 200.00 338.58
Frances Green ,Jurgen's Add, Blk B, Lot 2
clo Dorothy Green . Less Rd 128.92 200.00 328.92
,
11/19/96
Robert & Ruth Smith Boulevard Heights, Blk H, 137.60 200.00 337.60
Lot2
Resolution 97-04
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FIRST AMENDMENT TO CONCESSION MANAGEMENT AGREEMENT FOR THE
CllY OF CLEARWATER HARBORVIEW CENTER
Thll flret amendment to concession management agreement for the City of
Clearwater Harborvlow Centor Ie onterad Into thie day of .1998.
between Boston Concessions Group, Inc. (Operator) and the City of CloBrwater(Clty).
Whereas, Operator Bnd City entered Into an Agreement to manage the food and
beverage service for the Harborvlew Center (Center) on AprH 16. 1996.
Whereas, In Section IV RnanclaJ ConsIderation., paragraph F, Operator agrw8d
to advance City one hundred thousand dollara ($100,000) for the purchase of
equipment.
Whereas. Operator agree. to advance Bnd City _greas to repay said advance
under the tarms Bnd conditlono of thle amendment.
NOW, THEREFORE THE PARTIES AGREE AS FOllOWS.
1. Upon oxecution of this agreDmln~ operator agree. to advance to CIty one
hundred thousand dollsfU (S1oo,Ooo) Intereat free as capital for the purchse of
equipment to be owned by the City.
2. City agrees to repay entire advanco by September 30, 2001 from tho revenues
Df the Center's budgflt. Annual payments of twenty thousand dollBl'8 (520,000) each
shall be made by the City to Operator on 9/30/97, 9/30198. 9/30199, 9130/00, Bnd
9/30/01, until the entire amount 18 paid. Notwithstanding the foregolno, the CIty's
obligation to repay the advance described In paragl1lph 1 above ahllll be limited to the
revenues derived by the City from the operation of the Center and shlilll not conltltute a
gonorel obligation of the City. The City Is not pledging any Ad valorem tax revenuUB of
tho. City nor may any taxing powore at the City be required to be 8xercf8ad In the
repayment or such advance.
3. All other term. and conditions of the Agreement remain In effect.
IN WITNESS WHEREOF, the parties hereto have executed thll agreement as of
tho date set forth aboVe.
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SIGNATURE PAGE FOR FIRST AMENDMENT TO CONCESSION MANAGEMENT
AGREEMENT FOR THE CITY OF CLEARWATER HARBORVlEW CENTER
Count.reigned
City of Clearwater
By;
Rita Garvey , : Elizabeth M. Deptula
Mayer-CommIssioner city M.n.gar
Approved III to ferm and
legal sufficiency: Attost:
~~;"'"- Cynthl. E. GOUd.BU
Assistant City Attorney Cily Clerk
STATE OF FLORIOA )
COUNlY OF PJNELlAS )
BEFORE ME personally Ippaared Rita OlNey, the Mllyor-CommJBBIoner of tho above.
. named efty, who acknowledged that she executed the foregoing Instrument She Is
per1lonafly known to me and did not take 9n oath. '
WITNESS my hand and cffldal eeaI this
day af December, 10ga.
PrintIType Name:
Notary PubQc
STATE OF FLORIDA )
COUNTY OF PINEUAS )
BEFORE ME peruonaDy appeared elizabeth M. Deptula, tho City Manager of the above-
named city, who acknowledged that she executed the foregoIng Instrwnunt. She is
porsonnllyknown to me and did net take In OIth.
WITNESS my hand and omelal saal this
day of December. 1990.
PrlnVType Name:
Notary Public
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~~qI\VIEW
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aoo Cl.I~'l~L,\Xn ST.
P.O. nox 320
CLF.ARWATER. FL.
:\40 t j.0320
l'IHl:\I:: R t:\.4U2.Hi78
F.\.'\':: 81:\.402.070R
January 9, 1997
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Ms. Elizabeth M. Deptula
City Manager
. City of ClearWater
112 Osceola Ave.
ClearWater, FL 34616
Dear Betty:
Globe Facility Services wishes to extend an invitation for the City Commissioners and
staff attending the workshop scheduled for Monday, January 13lh, 1997 to join us earlier
,in the day for lunch at 12:00 Noon. Prepared as they watch will be delicious offerings
from our new catering menus.
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This would also be an opportunity for them to meet our new Chef, Richard Reinhard and
new Food and Beverage Director, Jolm LaChance, as wen as gel to know some of our
shiff better. .
" ']f.tbi~ is ~table; pl~ase have Denise give me '~ ~an with an acknowledgment.!ln,d
.' . CstimatCd miinbeIs. I thitik the C~mmission will find lunch exciting AND 4lstyl.~'.: ,... ,
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lulie Roberts . .
Sales,lirld Marketing Director
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(W orksession)
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - 9:00 A.M. - Monday, January 6, 1997
Main Library - Adler Room
I. Service Awards
II. Convene as Pension Trustees
111. Reconvene Worksession
ED ECONOMIC DEVELOPMENT
1 . Contract to purchase a vacant parcel, south * of Lot 31, Palm Park (Addn to Clearwater) in the
amount of up to $35,000 from Ramon Curtis, etal plus expenses for a total of $38,975
(Consentt
2. Contract to purchase real estate located at Woodlawn Street, Harvey Park, Blk B, Lots 1 - 22, in
the amount of $80,000 from Robert A. Binder, etal plus expenses for a total of $83,865
(Consent)
3. Acquisition of real estate for future economic development located at 1006, 1008 and 1010
Garden Avenue, J.J. Eldridge Sub, Blk C, part of Lot 29, J.J. Eldridge Sub, Blk C, part of Lot 28,
and J.J. Eldridge Sub, Blk C, part of Lot 27, from AmSouth Bank and payments of assessments
and back taxes for a total of $ 1,062.73 (Consent)
FD FIRE
1. First Reading Ord. #6109-97 - adopting 1992 Edition of the Fire Prevention Code of the National
Fire Protection Association, NFPA-1
FN FINANCE
1 . Agreement with Anthem Life Insurance Company; accept $444,449 refund plus interest from
Anthem Health 1 Gulf Life Policy #5437 and deposit such funds in Premium Stabilization account
in the Self Insurance Fund (Consent)
2. Approve $163,075.27 payment for wage loss benefits (including principal, penalties & interest)
to Thomas Pearson for the period 7/14/89-3/24/96 (Consent)
3. Authorize City staff to refuse settlement offer of $36,888 from International Surplus Lines
Insurance Company for a complete release of any reimbursements due the City under policy #GP-
57192, for workers' compensation benefits paid or to be paid hereafter to Charles Kimball
4. Approve $23,000 payment to William Yanger. Jr., Attorney, for fee for all workers'
compensation benefits he obtained for his client, Charles Kimball (Consent)
5. Ratify and confirm contract for managed care services for City employees suffering job-
connected injuries covered by workers' compensation as needed by the City to CarVel Corp., for
an amount now est. to be less than $25,000 annually (Consent)
GAS GAS SYSTEM
1. Res. #97-05 - authorizing certain Clearwater Gas System officials to sign applications for FDOT
permits
MR MARINE
1 . Lease Agreement with Thomas C. & Patricia A. Wolkowsky d/b/a Marina Restaurant, for the
period 1/9/97-118/2002, plus 10% of yearly gross sales exceeding $200,000 with an additional
5 year option, with 5 % increase in 2002 (Consent)
1/6/97
1
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PR PARKS AND RECREA nON
1. Res. #97-01 - naming city property located at 1551 Gulf Blvd. as "Bay Park on Sand Key"
2. First Reading Ord. # 6122-97 - Amending Sec. 22.24 to extend City Manager's powers to
regulate the time, place and manner in which park property is used by the public; amending Sec.
22.40 to restrict areas where dogs and other pets will be permitted
3. Agreement with Countryside Little League, Inc. allowing the League to construct an equipment
storage, umpire and batting machine building at Countryside Community Park (Consent)
SW SOLID WASTE
1. First Reading Ord. #6117-97 -providing a rate structure to operate in the roll off business in
competition with private companies and approves the FY 1 996/97 investment of approximately
$235,400 in additional containers and compactors to support enterprise
TR TOURISM
1. . First Reading Ord. #6118-97 * Creating Sees. 22.88-22.91 to provide for alcoholic beverage
special event permits and to provide a permitting procedure for issuance of such permits upon
certain conditions; amending Sees. 6.31 & 22.59 to exempt such permitted sales and
consumption from certain prohibitions
EN ENGINEERING
1 . Civil Air Patrol Lease (WSO)
2. C.O.#1 to Stevenson's Creek Channel Improvements Phase 2 Contract to Kamminga and
Roodvoets, Inc., Tampa, FL, increasing the amount by $84,040.83 for new total of
$3,864,650.83; and approve time extension of 10 days (Consent)
PUR PURCHASING (Consent)
1. Contract for maintenance of Xerox 5090 high speed copier to Xerox Corp., Tampa, FL, for the
period 2/1197-1/31/98, at an est. $37,032.48 (1M)
2. Purchase of: network equipment & software from BCD Computer Distributors, Inc., Tampa, FL,
for $72,579; desktop computers & related components from Dell Computer Corp., Austin, TX,
for $13,774; to be lease purchased under City's Master Lease Purchase Agreement in the
amount $65,623 (Dell- $13,774 and BCD $51,849), balance of $20,730 paid in cash (1M)
3. C.O.n1 to Agreement with Pinellas County to relocate natural gas mains during improvements to
Drew Street, between Hercules Ave. & US19, increasing est. labor cost caused by Pinellas
County's re-bid of the 3 year old project, by $16,265.70, for newest. total $103,265.70 (GAS)
4. Purchase of two 1997 Ford Crown Victoria Police Interceptor automobiles from Duval Ford,
Jacksonvill, FL, for $42,830 IPD)
5. Contract for House Service Relocation for Water Main Contract - Phase 14 to McGill Plumbing,
Largo, FL, for est. $264,1155 (EN)
6. Purchase & Installation of tennis court lighting for the McMullen Park Tennis Complex to M. Gay
Constructors, Inc., Jacksonville, FL, for $64,850 (PA)
7. Contract for 1997 Street Resurfacing to Golden Triangle Asphalt Paving Company, St.
Petersburg, FL, for est. $1,091,143 (EN) .
8. Contract extension for Residential Gas Meter Change Out Program throughout Pinellas County
service area, to West Coast Plumbing, Inc., Palm Harbor, FL, for the period 1/22/97-1/21/98, at
an est. $48,400 (GAS)
1/6/97
2
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CP CENTRAL PERMITTING
1. Public Hearing & First Reading Ords. #6112.97 & #6113-97 - Annexation & IL Zoning for
property located at 2121 Calumet St., Clearwater Industrial Park, part of Lot 17 together with
abutting r-o-w of Calumet St. (Buettner & Kinkead, A96-28)
2. Public Hearing & First Reading Ords. #6114-97 & #6115~97 ~ Annexation & IL Zoning for
property located at 1'310 N. H~rcules Ave. & 1965, 1979 & 1985 Carroll St., Hercules Industrial
Park, Lots 33-35, 37.39 and part of Tract A Replat of Blks 1-19, Marymont Sub., with abutting
vacated r-o-w of Overlea St. (Walker I Word I Metal Industries, Inc., A96-29)
CM ADMINISTRATION
1. Authorization to negotiate with Demetre LouJourgas to prepare a development agreement for
Marymont Replat, part of Tracts A & B.
2. Development review changes status report and discussion of issues.
CA LEGAL DEPARTMENT
Second Reading Ordinances ,
1. Ord. #6106-96 - Amending Sec. 35.11 & various sections in Ch 40 to define Public Education
Facilities (PEFJ and to allow PEF as a permitted use in certain districts
Resolutions
1. Res. #97-02 - Demolition Lien - 1006 N. Greenwood Ave., I. A. Mason's Sub. (Adult
Comprehensive Protection. Services)
2. Res. #97~03 - Demolition Lien - 1359 S. Ft. Harrison Ave., Belleair Sub., Blk 15, Lots 10 & 11
(Ceraolo)
3. Res. #97-04 - Assessing property owners the costs of having mowed or cleared owners' lots
Agreements, Deeds and Easements
1. Interlocal Agreement with Pinellas County School Board for Public Educational Facility Siting in
Pinellas County (Consent)
2. Public Access Easement - on Sand Key (Dan's Island 1600 Condominium Association) (Consent)
3. Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 6 (Morgan Tire and Auto, Inc.
dlbla Don Olson Tire & Auto Centers) (Consent)
4. Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 7 (Morgan Tire and Auto, Inc.
dlbla Don Olson Tire & Auto Centers) (Consent)
5. Sanitary Sewer Easement - Clearwater Industrial Park, part of Lot 7 (Patricia B. Morgan, as
Trustee of the Morgan land Trust I dated 1/1/92) (Consent)
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
Commission Discussion Items
1 . Signal Control at Ruth Eckerd Hall.
2. Discussion re selection of search firms for City Manager.
i . Other Commission Action
Adjourn
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1/6/97
3
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MP~ PINELLAS COUNTY .
. METROPOLITAN PLANNING ORGANIZATION
. 14 South Fort Harrison Avenue Clearwater, Florida 34616 (813) 4644751
.
'1
November 14. ~ 996
Mr.' Rich Baier. City Engineer
City of Clearwater
P.O: Box 4748
Clearwater, FL 34618-4748
<
.'
, Dear Mr. Baier:
RE: SIGNAL CONTROL AT RUTH ECKERD HALL
At its meeting of November 13. 1996, the Pinellas' County Metropolitan Planning Organization 4
received a request by a member of the PSTA Board for the review of the traffic signal operation
located on McMullen-Booth Road (C.R. 611) at Ruth Eckerd HaJJ in the City of Clearwater.
Apparently, PSTA has a biJ3 :;tap in that are!. and concems heve beP.n forwarded about the number
of riders exiting the bus and trying to cross McMullen~Booth Road to the residential neighborhoods
without the assistance of a traffic signal.
.
Since this signal is in the jurisdiction of the City of Clearwater. the issue is being sent to you for
review., Ifwe can be afany assistance, please feel free to call Mr. Brian Smith or Ms. Gina Goodwin
at 464-4751. Your assistance with this matter is greatly appreciated.
",.
I
PINELLAS AREA TRANSPORTATION STUDY
MJ'O',Oin.u.c:k.ptllS.
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CITY OF CLEARWATER
lNTBROPFICB CORRESPONDBNCB SHEET
TO:
FROM:
COPY:
Mayor and City' Commission _./
Betty Deptula, City Manager~
Kathy S. Rice, Deputy City Manager
Bob Keller. Assistant City Manager
COPIES TO:
~O~MI5!=;1(')f\1
JAN 02 1997
I"'Mt:;:)::i
CLERK I ATTORNEY
SUBJECT: Evaluation of Manager Recruitment Firms
DATE: January 2, 1997
Your mail on Tuesday, December 31, included the proposals from 10 firms responding to our
request for proposals for the recruitment of the City Manager.
You will recall, that the process we decided to use included:
discussion of the responses and tentative ranking of the fmns at the worksession on
Monday, January 6;
finalize and approve the ranking of the top 3 or 4 fmns on Thursday, at your regular
meeting;
presentations by the top firms at a Special meeting set from 1:00 PM on Monday,
January 13, 1997. After the presentations you would select the fum, approve a contract,
and begin the recruitment process.
I have developed the attached form to assist as you evaluate each of the responses. I suggest you
use a scale of points as follows:
5 points: Excellent answer. outstanding, understands our issues; suggested
recruitment and screening process will lead to best candidates; very acceptable
cost, good controls of other costs associated with the process.
3 points: Good answer, headed in the right direction; suggested process is
acceptable; costs in line.
1 or 0 points: Answef unacceptable, Of didn't answer the question; costs seem
out of line; not comfortable with process suggested; missed the point.
If you have questions, or need additional information, please do not hesitate to call.
o PR.INTED ON RSCYCL.ED PAPER
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