Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
06/04/1998
6?4?98, Agenda: i o-m-mission r i fE! 1 1 t Meeting 6-4-98 note: 6-1-98 Preliminary (Worksession) Agenda and paperwork that was in package initially but then not continued onto Thursday's agenda is at the back of this agenda pack. t i F ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, June 4, 1998 - 6:00 P.M. - Commission Chambers 1. Invocation 2. Pledge of Allegiance 3. Service Awards 4. Introductions and Awards 5. Presentations a) Legislative Report - Senator Jack Latvala, Representative Sandy Safley and City lobbyists - Pete Dunbar & Martha Edenfieid 6. Approval of Minutes - Regular Meeting 5121198 1. Commissioner Johnson. 2. Mayor. 3. None. 4. Proclamation: National Safety Awareness Month - June 1998 Code Enforcement Officers' Appreciation Week - 6115-19198 5. a) Reports given. Howard Groth, Clearwater Housing Authority, gave an annual report and presented a check in lieu of taxes. 6. Approved as submitted. 7. Citizens to be heard re items not on the Agenda - None. PUBLIC HEARINGS Not Before 6:00 P.M. 8. Public Hearing - Find valid public purpose & 8. Continued to 6118198. declare surplus for purpose of conveying title by Warranty Deed to FOOT a parcel of city- owned r-o-w in Sec. 16-28-16 adjacent to existing southerly r-o-w line of SR586, between Landmark Drive & McMullen Booth Road (PW) 9. Public Hearing - Declare surplus for purpose 9. Declared surplus. of granting non-exclusive public r-o-w easement to The Grand Reserve at Park Place Limited Partnership, for installing, operating, & maintaining landscaping & irrigation facilities therein, portion of Park Place Blvd. median strips lying in Sec. 17-29-16; approve a Maintenance Agreement governing said grant (PW) 10. Public Hearing - Declare surplus for purpose 10. Declared surplus. of granting an exclusive and perpetual ingress/egress easement to Information Management Resources, Inc., its successors & assigns, all of Lots 9, 10 & 11 of Revised Map of The Original Lot 5, R. H. Padgett's Sub., subject to approval & execution of a development agreement regarding real property commonly known as the "Annex 6/4/98 Site" between the CRA and IMR, and conveyance of real property interests as stipulated therein, reserving to the City the remainder fee interests, including, but not limited to, all rights necessary for the construction & maintenance of public utility facilities within the full easement width (PW) 11. Public Hearing & First Reading Ords. #6284- 98, #6285-98 & #6286-98 - Annexation, MPD Zoning & Land Use Plan Amendment to Residential Medium for property located 1,000 feet east of US19N and north of Allen Creek, Sec. 29-29-16, M&B 22.01 & 22.02 and Sec. 20-29-16, M&B 33.07 (Allen Creek Properties, Inc. 1 Harbourside Realty Holding Co., A98-16, LUP98-06)(CP) 12. Public Hearing & First Reading Ord. #6289- 98 - CN Zoning for property located at NE corner of intersection of Belleair Rd. and S. Ft. Harrison Ave., Oak Haven Sub., Lots 8-21 and Sec. 21-29-15, M&B 44.23 (.John A. Lahara 1 Medea, Z98-09)(CP) - Staff request to Continue to 7116198 11. Continued. 12. Continued to 7/16198. Public Hearing - Second Reading Ordinances 13. Ord. #6258-98 - Relating to alcoholic beverage special event permit requirements; amending Sec. 22.90(12) to allow the serving of alcoholic beverages in containers meeting industry standards with the approval of the special events committee, providing such containers must be capable of visual inspection for contents, and prohibiting certain types of containers 14. Ord. #6259-98 - Vacating 5' utility easement lying along south side of Lot 9, Blk 27, Mandalay Sub., and City's request to vacate remaining 5' utility easement along south side of Blk 27 (Cronin, V98-04) 15. Ord. #6272-98 - Vacating 3' utility easement lying along west side of Lot 5, less southerly 2.5', together with; westerly 34' of the 3' utility easement lying along south side of Lot 3, Blk 3, tagarelli Sub. (General Home Development, V98-03) 13. Ord. #6258-98 adopted. 14. Ord. #6259-98 adopted. 15. Ord. #6272-98 adopted. 6!4!98 2 16. Ord. #6273-98 - Land Use Plan Amendment to Resort Facility High for property located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Raman Bhula, LUP97-06, Z97-06) 17. Ord. #6274-98 - CPD Zoning for property located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Raman Bhula, LUP97-06, Z97-06) 18. Ord. #6282-98 - Annexation for property located at 811 Berkley Place, Palmetto Terrace, Blk D, Lot 5 (Anita, Leonard & Charlotte Fenlon, A98-15) 19. Or #6283-98 - RS-8 zoning for property located at 811 Berkley Place, Palmetto Terrace, Blk D, Lot 5 (Anita, Leonard & Charlotte Fenlon, A98-15) 20. Ord. #6288-98 - relating to telecommunication services and taxation; amending Secs. 29.72, 29.73, 29.74, and 29.76, and adding new Sec. 29.77, to bring City code into compliance with state statutes 21. Ord. #6301-98 - Relating to Skateboards, Roller Skates, and In-Line Skates; amending Art. 1 of Ch. 28, creating Sec. 28.11 to prohibit a person from using skateboards, roller skates, and in-line skates in specified locations 16. Continued to 6118198. 17. Continued to 6118198. 18. Ord. #6282-98 adopted. 19. Ord. #6283-98 adopted. 20. Ord. #6288-98 adopted. 21. Ord. #6301-98 adopted as amended. CITY MANAGER REPORTS CONSENT AGENDA (Items #22-27) - Approved as submitted. The following items require no formal public hearing and are subject to being approved in a single motion. However, any City Commissioner or the City Manager may remove an item from the Consent Agenda to allow discussion and voting on the item individually. 22. Aporoval of Purchases per 5114198 memorandum: -- Mueller Distribution Contractors, installation of polyethylene gas mains & service lines throughout gas system, extension, 6130198-9130198 (GAS) -- Cushion Deck International, purchase & installation of cushion deck safety play surface at Cherry Harris Park, $43,505.25 (SW) -- Ross Systems, Inc., financial system software licenses & maintenance, 6130198-6129199, $53,000 (IM) 23. Trustees of Clearwater Firefighters' Supplemental Trust Fund - Reappoint Myron Ahrens and Rick Stucker (FD) 614/98 3 24. 25. 26. 27. Lease (renewal) for South Clearwater Police Mini-Station, 1453 S. Greenwood Ave., Space B, with Theodore V. Klinger and Mary G. Klinger, 711198-12131199, at rental amount $4,950 (PD) Approve recommendations for Special Events Grants Funding pilot program, granting total of $50,000 to 8 Clearwater non-profit organizations for new or expanded special events (TR) C.O.#2 to Island Estates Reclaimed Water Transmission and Distribution System, Contract No. 1, Kimmins Contracting Corp., decreasing contract by $274,449.16 for new total of $3,377,165.86; C.0.#1 to Island Estates Reclaimed Water System, Pumping Station and Storage Tank, Contract No. 2, Wharton-Smith Inc., increasing contract by $87,049 for new total of $2,499,049; and approve time extension of 34 calendar days (PW) Approve Consultant Selection Committee's recommendation to retain Camp Dresser & McKee, Inc., King Engineering Associates, Inc., Parsons Engineering Science, Inc., Tampa Bay Engineering, Inc., and Wade Trim, Inc., as additional City Engineers of Record (PW) OTHER ITEMS ON CITY MANAGER REPORT 28. 29. 30. Contract to purchase real property commonly known as "Atrium Apartments", 1707 N. Ft. Harrison Ave., Lesley's Sub., part of Lots 8 & 9 lying east of Ft. Harrison Ave. extended, from Proactive Enterprises, Inc., $370,000; pay est. $21,500 for environmental audits, $2,900 for boundary survey & closing costs, demolition expenses, excluding remediation of friable asbestos containing materials, est. $56,085, including 10% allowed for contingencies; minimum park development costs est. $38,785 exclusive of certain labor costs, for TOTAL acquisition costs est. $489,270 plus certain costs presently undetermined, contingent upon the City being able to withdraw from the contract if environmental investigations reveal conditions reasonably unsatisfactory to the City (PW) Res. #98-21 - Requesting the FDOT to. convey title of the property located at 1400 Young Avenue, Clearwater, Florida, to the City of Clearwater, or otherwise grant permission to the City to allow placement of additional antennas on the existing tower located on said property (CP) Brownfields Advisory Board - 9 appointments (CM) 28. Approved. 29. Approved. Res. #98-21 adopted. 30. Appointed: Resident: Mary Miller - 2yr, Robert Washington - 3 yr, & Willa Carson - 4 yr; Business Owner: Gary Gray - 2 yr, Brian Flaherty - 3 yr, & Amy Lovett - 4 yr; Agency or Government : Steven Fowler - 2 yr, Thomas Noble - 3 yr, & Renu Khator - 4 yr 614198 4 31. Historic Preservation Board - 1 appointment 31. Reappointed Margaret Kiehl. (CLK) 32. CNHS BOD - 1 appointment (CLK) 32. Reappointed Howard Grath. 33. Airport Authority - 1 appointment (CLK) 33. Appointed Ronald Streicher. 34. Other Pending Matters 34. None. CITY ATTORNEY REPORTS 36. Other City Attorney Items - None. 36. City Manager Verbal Reports Rich Baier reported on a meeting regarding a traffic calming pilot project held with 3 neighborhoods in the Countryside area. He indicated it was a good meeting with about 120 people in attendance. 37. Other Commission Action Seel Questioned a reference to tours of 1A facilities in an RFC, for a study of the Phillies Economic Impact. It was indicated this would be a tour of facilities of that class of teams. Seel reported the DDB is requesting consideration of placing restrooms in Station Square Park. She reported Lillian Trickle and Margaret Dolan have been nominated to replace Roger Woodruff on the DDB, other nominees will also be accepted. She reported another mural is in progress at the corner of East and Cleveland. Hooper reported the DDB will be having a special meeting regarding the budget on 6/9/98. Seel questioned a letter from Mr. Janson regarding the Stowell property. The City Attorney indicated this involves an action by the DOT and does not involve the City. Seel questioned a letter regarding Arcturus Avenue be renamed Turkey Trot Lane. Consensus was not to make a permanent change. It was suggested a temporary sign be allowed during the Turkey Trot. Hooper indicated he felt the City Manager's letter to the Wall Street Journal regarding a recent article about Clearwater was appropriate. 38. Adjournment - 9.41 p.m. 6/4198 5 CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM: Cynthia E. Goudeau, City Cler SUBJECT: Follow up from June 1, 1998, Work Session COPIES: Michael J. Roberto, City Manager; DATE: June 2, 1998 In response to questions raised at the June 1, 1998, Work Session, the following answers are in final agenda order Item #11 - Allen Creek Properties - the number of units allowed under the current zoning is 626. The property is in the High Hazard Coastal however the application meets the criteria for deviation. Dave Healey, Executive Director of PPC has submitted a letter of support for the amendment. Item #21 - Skateboard Ordinance - the amendment which you requested and a memorandum from Rob Surette addressing the questions regarding the NY Ordinance is in your packet. The memo also addresses the question regarding people in the right of way, advertising car washes. Item #25 - Special Events Grants - page 2 of the chart has been amended to reflect that the grant to Clearwater Marine Science Center can not be used for grounds improvement. A note has also been added to address the reallocation of funds should an event not be held. Item #28 - Atrium Apartments - the recommendation has been amended re the City's ability to withdraw from the contract should the environmental cost be unacceptable. The Special Development Fund contains all our special revenues such as Recreation and Development Impact Fees, Penny for Pinellas Funds and Local Option Gas Tax.. If particular interest earnings are not restricted they are placed in the "undesignated Retained earnings of the Special Development Fund." With the allocation of the $416,000 of these earnings to the Atrium Fund, the balance in the undesignated category is estimated at $0. Item #30 - Brownftelds Board - a reminder that when the appointments are made they need to be staggered. Recommend 3 members be appointed for 2 year terms, 3 for 3 year terms and 3 for d year terms. 04. , i CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor Garvey FROM: Sally Thomas, City Clerk Specialist SUBJECT: Invocation COPIES: Cynthia Goudeau, City Clerk DATE: June 4, 1998 Tonight's invocation will be offered by Dr. James Hilton, Central Christian Church 1200 Keene Rd. S., 33756 (2nd time this year) ?0 TO: Rita Garvey, Mayor FROM: Betty Blunt, Confidential Clerk/Receptionist COPICS: City Commissioners, Michael Roberto, Cyudie Goudeau SUBJECT: Presentation at the June 4, 1998 Commission Meeting DATE: June 4, 1998 The following presentation will be made at the June 4, 1998 Commission meeting. CLAMATIONS fety Awareness Month - Denny Donovan, City of Clearwater Risk Management Specialist Code Enforcement Officers' Appreciation Week, Geri Doherty, City of Clearwater Community Response Team PRESENTATION oward Groth, Chairperson, Clearwater Housing Authority paperwork for Item #8 moved to 6-18-98 t ?R 1 _ Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 06.04-98 SUBJECT/RECOMMENDATION: Declare as surplus for the purpose of granting a non-exclusive public right-of-way 'easement to The Grand Reserve at Park Place Limited Partnership ("Grantee") for the purposes of installing, operating and maintaining landscaping and irrigation facilities therein, a portion of Park Place Boulevard median strips lying within Section 17, Township 29 South, Range 16 Bast, being legally described in EXHIBIT "A" and depicted in EXHIBIT "B", and approve a Maintenance Agreement (EXHIBIT "C") governing said grant, all in consideration of the mutual benefits, covenants and conditions contained therein, n and that the appropriate officials be authorized to execute same. SUMMARY: • On October 25, 1996 the City certified the Final Site Plan - Master Plan for development of 395 rental apartments to be known as The Grand Reserve At Park Place. • The certified site plan stipulates that the developer will be responsible for installing, operating, irrigating and maintaining landscaping within portions of roadway medians identified on the site plan. The City easement grants the necessary rights required for the developer to implement the site plan stipulations, and the Maintenance Agreement details operational covenants governing the easement grant. Among other conditions, the Maintenance Agreement specifies: 1) the easement rights are given in perpetuity or until the use is abandoned, 2) Grantee is obligated for all expenses associated with installation, maintenance and replacement of the facilities, 3) in the event of sale the new owner must either assume obligations of the Agreement, enter into a new agreement with the City, or remove the facilities and resod the easement property, and 4) Grantee will indemnify and hold the City harmless from any.and all claims, costs or damages the partnership may incur, except those stemming from the City's own negligence. Reviewed by: Legal ? Budget NA Purchasing NA Risk Mgmt NA Other Originating DepiC/ Info Srvc NA Public Works DCMIACM *A' Public Works User Dept. Costs Attachments EASEMENT DOCUMENT & MAINTENANCE AGREEMENT FILED WITH CITY CLERK Submitted by: City Manager X None drfntwrl nn rarvrlarl nnnwr f[:rnnrl Rwaarun nnw Fna Ann. Fwhl Total NA Current FY Ion Code: Funding Source: CI OP Other Rev. 2198 RETURN TO: Earl Barrett Public Works Dept. City of Clearwater P. 'O. Box 4748 Clearwater, Fl. 3375BA748 NONEXCLUSIVE PUBLIC RIGHT-OF. WAY EASEMENT THIS INDENTURE is made and entered into to be effective as of the day of , 1998 by and between the CITY OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, its successors, lessees.and assigns ("GRANTOR"), in consideration of the mutual benefits, covenants and conditions herein contained, did grant and convey to THE GRAND RESERVE AT PARK PLACE LIMITED PARTNERSHIP, a Florida limited partnership, GRPP, INC., a Florida corporation, its . general partner, their successors, lessees and assigns ("GRANTEE"), a non exclusive easement to install, operate and maintain in perpetuity or until the use thereof is abandoned, such facilities as may be necessary or desirable for a landscaping and irrigation system within unpaved areas of median islands occupying a portion of Park Place Boulevard right-of-way being legally described in EXHIBIT "A" and depicted in EXHIBIT "B" ("EASEMENT PREMISES") which are attached hereto and by this reference made a part hereof. The rights herein granted to GRANTEE by GRANTOR specifically include all rights to install, operate and maintain such facilities in accordance wigi that certain MAINTENANCE AGREEMENT entered into between the parties' dated 1998, a duly executed copy of which is attached hereto as EXHIBIT "C" and by this reference made a part hereof. All work to be performed and all landscaping and related facilities to be installed and maintained, shall comply with all public safety laws of the State of Florida, as well as applicable ordinances of the City of Clearwater, and provisions of the Clearwater City Charter. Any and all damage to public property or public right-of-way improvements resulting from the construction, installation, operation, maintenance, replacement, removal or repair of landscaping and facilities authorized hereby, shall be diligently and continuously endeavored to be replaced or repaired by GRANTEE at GRANTEE expense. Page 1 of 4 The easement and other rights herein granted are not exclusive, and GRANTOR hereby reserves unto itself and its successors and assigns the right to utilize the Easement Property for such purposes as do not endanger or interfere with the easement and other rights granted herein. GRANTOR shall have the right to grant such other easements, rights or privileges to such other persons and/or entities and for such purposes as GRANTOR in its, sole discretion may select, so long as such purposes do not endanger or interfere with the easement and other rights granted herein. IN WITNESS WHEREOF, the GRANTOR has caused these presents to be duly executed by its proper officers thereunto authorized and its seal to be hereunto affixed this day of '1998, CITY OF CLEARWATER, FLORIDA Countersigned: By: Michael J. Roberto, City Manager Rita Garvey, Mayor-Commissioner Approved as to form: John Carassas , Assistant City Attorney Attest: Cynthia E. Goudeau, City Clerk Page 2 of 4 EXHIBIT A - LEGAL DESCRIPTION (EASEMENT PREMISE) A portion,of Section 17, Township 29 South, Range 16 East, Clearwater, Florida, being more particularly described as: That portion of PARK PLACE BOULEVARD dedicated as public right of way In that certain plat of Lots 2 and 3, STORZ OPTHALMICS, INC., PARK PLACE SUBDIVISION, as recorded In Plat Book 109, Page 11 of the Public Records of Pinellas County, Florida, TOGETHER WITH the northerly 294.00 feet of that certain parcel of land conveyed by Park Place Land, Ltd., a Florida Limited Partnership, to the City of Clearwater, in fee simple by Special Warranty Deed dated September 19, 1995, as recorded In Official Records Book 9119, Pages 409 - 412 of the Public Records of Pinellas County, Florida. f Extending between Station 20+70 and Station 36+90 of Park Place Boulevard, and containing 3.33 Acres, more or less. Page 3 of 4 ar+ mn lee sw -- .:." @memo - STA 36}90 I r ??? ? ?fc4R1. >) EASEMENT PREMISES 0 125 250 500 e ? ??? SCALE: 1" 250' d ? rj I 09 Srq PARK PLACE BOULEVARD LANDSCAPE MAINTENANCE AREA Page 4 of 4 ArM DVaREEVM+lO ASSO M M4 AC JOB N0. EXHIBIT 24945 U.S. Highway 19 North 1128-034--000 Clearwater. Florida DATE (613) 791-1441 02--26-98 _/ EXHIBIT «c„ AINTENANCH AGREEMENT This Maintenance Agreement (the "Agreement") is made as of the 21tr day of , 1998, by and between THE GRAND RESERVE _aN4.?, AT PARK PLACE LIMITED PARTNERSHIP, a Florida limited partnership, its successors, lessees and assigns (the "Partnership"), in consideration of the mutual benefits, covenants and conditions herein contained, did grant and convey to the CITY OF CLEARWATER, a Florida municipal corporation, its successors, lessees and assigns ("Clearwater"). W I T N E S S E T H WHEREAS, the Partnership owns the real property described in Exhibit "A" (the "Property") currently being operated as an apartment building. WHEREAS, Clearwater has granted an easement to the Partnership over the property described in Exhibit "B" (the "Easement Property") to install, operate and maintain in perpetuity/ or until the use thereof is abandoned, such facilities as may be necessary or desirable for a new landscaping and irrigation system within Park Place Blvd. right-of-way, by the Partnership or others (the "Facilities"). WHEREAS, Clearwater has granted such easement on the express condition that the Partnership maintain the Facilities. NOW THEREFORE, the parties agree as follows: 1. Term. This Agreement shall become effective upon the execution and delivery hereof, and, shall remain in effect in perpetuity or until terminated as described in Section 4. 2. Duties of the Partnership. The Partnership shall have, at its sole expense, the duty to maintain or cause"to be maintained the Facilities on the Easement Property in a clean and orderly condition including, without limitation, all costs and expenses of repairing, replacing and cleaning of the Facilities as needed. 3. Sal•e_of the Property. In the event that the Partnership sells or otherwise transfers the Property, the Partnership shall either: M &ause the purchasing entity to either assume the obligations under this Agreement or enter into a maintenance agreement with Clearwater for the maintenance of the Facilities in form and substance acceptable to Clearwater or {ii} at its own cost, remove the Facilities and resod the Easement Property. 4. Early Termination. This Agreement shall terminate and the Partnership will be relieved of all liability hereunder if either of the two options in Section 3 are realized. Early termination is subject to Clearwater's written approval of either option in Section 3, otherwise the Agreement remains in full force and effect. 5. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, -2-- . understandings, and representations, if any, made by and between such parties. 6. Amendments. The provisions of this Agreement may not be amended, supplemented, waived, or changed orally, but only by the parties hereto and making specific reference to this Agreement. 7. Assignments. The parties hereto shall not assign their rights and/or obligations hereunder without the prior written consent of the other party, except in connection with a sale of the Property by the Partnership in which the Assignee/purchaser assigns the obligations under the Contract. 8. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to'the benefit of, and enforceable by the parties and their respective legal representatives, successors, and permitted assigns. i 5. Notices. All notices, requests, consents, and other communications required or permitted under this Agreement shall be mailed (airmail if international) by registered or certified mail (postage prepaid), return receipt requested, addressed to: As to the Partnership: c/o Del American Properties 1101 North Lake Destiny Drive Maitland, FL 32751 Attn: Christopher DelGuidice -3 With a copy to: Murai Wald Biondo & Moreno, P.A. 25 S.E. 2nd Avenue Suite 940 Miami, FL 33131 Attn: Gerald J. Biondo, Esq. As to Clearwater: Public Works Administrator City of Clearwater P.Q. Box 4748 Clearwater, FL 33758-4748 With a-copy to: City Attorney 'City of Clearwater P.O. Box 4746 Clearwater, FL 33756-4748 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall M. be deemed delivered on the date delivered by U.S. Mail delivery or on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the, postal authorities as not deliverable, as the case may be, if mailed. 10. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 11. Severability. If any part of this Agreement or any other agreement entered into pursuant hereto is contrary to, prohibited by, or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited, or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 12. Entire__Agreement. It is agreed by both parties hereto that this document contains the entire agreement between the -4- parties as to the matters contained herein, and the agreement shall not be modified in any respect except by an amendment in writing signed by all parties hereto, 13. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties hereto and their respective successors and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision gave any third persons any rights of subrogation or action over or against any party to this Agreement. 14 Governin Law and Venue, This Agreement and all transactions contemplated by this Agreement shall be governed by, and construed and enforced in accordance with the laws of the State of Florida. Venue of all proceedings in connection herewith shall be in Pinellas County, Florida. 15. Submission to Jurisdiction. Each of the parties irrevocably and unconditionally (a) agrees that any suit, action, or other legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Pinellas County or the Courts of the United States, Middle District of Florida; (b) consents to the jurisdiction of each such court in any such suit, action, or proceeding; (c) waives any objection which it may have to the laying of venue of any such suit, action, or proceeding in any of such court; and (d) agrees ?5- ?N that service of any court paper may be effected on such parry by mail, as provided in Section 9 hereof, or in such other manner as may be provided under applicable laws or court filed in said State. 16. Enforcement Costs. If any legal or other proceeding, including arbitration, is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney's fees and court costs incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 17. Remedies Cumulative.' No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 18. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Once each party to this Agreement has executed a copy of this Agreement, the Agreement shall be considered fully executed and effective, notwithstanding that both parties have not executed the same copy hereof. -6- 19. Indemnirv and Hol,d_ Harmless. Partnership agrees to indemnify and hold Clearwater harmless for any and all claims, costs or damages, as partnership may incur relating to this Maintenance Agreement and the use and maintenance of said easement granted to Partnership, except for claims, costs or damages from Clearwater's own negligence. IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the day and ye ar first above written. Signed, sealed and delivered in presence of us: THE GRAND RESERVE AT PARK PLACE LIMITED PARTNERSHIP, a Florida limited partnership By: GRPP, INC., a F1 a corporat' me: its era artn By: Name; Christopher DeIGuidice, President (seal) CITY OF CLEARWATER, a Florida municipal corporation Countersigned: By: Michael J. Roberto City Manager Rita Garvey Attest: Mayor-Commissioner Cynthia E. Goudeau City Clerk -7- STATE OF FLORIDA Ss- COUNTY OF me this v was acknowledged before resident of instrument De1Guidice as p PARK PLACE The fore going1998 by Christopher emRESERVE AT He is day of ' eneral partner of Toff the Dpartnership. as GRPP, I the 9 on behalf LIMITED PARTNERSHIP, or has produced ow personal ca now • en G? STAT OF FLO EMPM0 ARy pUBL C, RIDA +'N ?jMvrW 2CWVA 4.20 int name : 't,tiw?ar fr Commi s s ion No.* MY commission expires: STATE OF FLORIDA ) ss - Ty OF PINELLAS ) COUN ? , ed RITA GARVEY' personally appear who the undersigned, Clearwater, Florida ' the City and of ed the execution the Mayor -BEFORE ME ,Commissioner Of nstrument acknowledg oses herein 1-1 d the foregoing' deed forthe use and pure execute free act and known to me' r_o be hex thereof 1 and who is Personally , set forth, seal this r day of WITNESS my hand and official 1998• OF FLORIDA PUBLIC, STATE NOTARY PUB Print name: Commission No•? My commissions expire: -8-. ?Vf ' O a Ro M ~ ? 1 0 u? ao 0 to ¦ w VQ 4a d 1-" Y 49 crm Z2 .3c quo x0 W to w O .q S4 Q ?xd xaca nco owk Q o wto CC < tj -j a G? P? If ^,,\ r/ J. V rIr/ Y wwN ?? \ LY 0 0 r b i QaQb! ? aQ a ?- of r-?---- 1 r n ! f? +r ' Cft t' Ap J# w Ulu! EXHIBIT B - LEGAL DESCRIPTION EASEMENT PREMISES A portion of Section 170 Township 29 South, Range 16' East, Clearwater, Florida, being more particularly described as: That portion of PARK PLACE BOULEVARD dedicated as public right of way in that certain plat of Lots 2 and 3, STORt OPTHALMICS, INC., PARK PLACE SUBDIVISION, as recorded In Plat Book 109, Page 11 of the Public Records of Pinellas County, Florida, TOGETHER WITH the northerly 294.00 feet of that certain parcel of land conveyed by Park Place Land, Ltd., a Florida Limited Partnership, to the City of Clearwater, in fee simple by Special Warranty, Deed dated September 19, 1995, as recorded In Official Records Book 9119, Pages 409 - 412 of the Public Records of Pinellas County, Florida. Extending between Station 20+70 and Station 36+90 of Park Place Boulevard, and containing 3.33 Acres, more or less. Is .f. 1 . ms Twn pot 00 PARK PLACE BOULEVARD LANDSCAPE MAINTENANCE AREA AM QN iMM A8804 YF4 AfC. 24945 U.S. Hlghwoy t9 North AN@ Cleorwaler, Florida (813) 791-1441 EASEMENT PREMISES w w= w= m w. w tee SCALE: 1~ m 250' JOB NO. JEXHIBIT 1128--034-000 02 26-98 I Item,'# 10 M? ?! ¦ YYUF?14 JJ7W?'?yRLMM.i Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 06-04-98 SUBJECTIRECOMMENDATION: Declare as surplus for the purpose of granting an exclusive and perpetual ingress/egress easement to Information Management Resources, Inc., a Florida corporation (IMR), its successors and assigns, all of Lots 9, 10 and 11 of REVISED MAP OF THE ORIGINAL LOT 5, R. H. PADGETT'S SUBDIVISION, according to the map or plat thereof as recorded in Plat Book 4, Page 32, of the Public Records of Pinellas County, Florida, subject to approval and execution of a development agreement regarding real property commonly known as the "Annex Site" between the Community Redevelopment Agency of the City of Clearwater (CRA) and IMR, and conveyance of real property interests as stipulated therein, reserving to the City the remainder fee interests, including, but not limited to, all rights necessary for the construction and maintenance of public utility facilities within the full easement width, 19 and that the appropriate officials be authorized to execute same. SUMMARY: • It is anticipated the development agreement being formalized between the CRA and IMR will contain a provision that the subject property be made available to IMR for ingress/egress purposes from the southerly boundary of the "Annex Site" to the public right of way of Gould Street. • A stormwater retention plan already approved by the parties, and now in the permitting process, provides for installation of a reinforced concrete stormwater pipe extending from the "Annex Site" through the center of the proposed easement to a pond to be constructed on the south side of Gould Street. • The City reserves to itself all other property rights not inconsistent with the ingress/egress easement being granted to IMR. These rights will allow for construction and future maintenance of all public utilities as may be necessary for development of the "Annex Site". • This exclusive ingress/egress easement is granted for the purposes of facilitating planned development of the "Annex Site" and is specifically not for dedication of the premises as public right of way. • The easement rights to be granted shall become effective concurrently with the conveyance by the CRA of real property interests to IMR, and only upon such conveyances. Reviewed b Originating Dept: / A Costs Legal Info Srvc NA kk Public Works,-, Total NA - Budget NA Public Works User Dept. Funding Source: Purchasing NA DCM/ACM Economic Development Current FY CI Risk Mgmt NA Other NA Attachments: Locator Map OP {Basement Agreement to ba Other provided by Holland & Knight and filed with City Clark} Submitted by: City Manager iX) None _Appropriation Code: GrlrNwrl nn r-uA-l nnnwr IIMp Innt...Xmnnu Ann Vwhr1RgA1 Rav. 2198 w Li a 5 r 41 GDULD S io w w ? ?? w w ? w 18?a o RI G. o l 19 20 21 22 23 24 26 2&5 4 32 7r2 8 7 6 5 4 3 2 gl 1 ? a,oevf tOWNELL ST. :9 :.. y 7 2 so 6 8 ?7 $ 5 4 3 2 w OURT' ST. 59 CI_EVpr Aran sr paperwork. for Item #11 moved to 6-18-98 fJ ORDINANCE NO. 6258-98 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO ALCOHOLIC BEVERAGE SPECIAL EVENT PERMIT REQUIREMENTS; AMENDING CODE OF ORDINANCES SECTION 22.90(12) TO ALLOW THE SERVING OF ALCOHOLIC BEVERAGES IN CONTAINERS MEETING INDUSTRY STANDARDS WITH THE APPROVAL OF THE SPECIAL. EVENTS COMMMITTEE, PROVIDING SUCH CONTAINERS MUST BE CAPABLE OF VISUAL INSPECTION FOR CONTENTS, AND PROHIBITING CERTAIN TYPES OF CONTAINERS; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is advisable to amend Section 22.90(12), Code of Ordinances, to broaden the category of cups in which it shall be lawful to serve alcoholic beverages at permitted events, in order to allow more flexibility and lesser expense to sponsors of such events, now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 22.90, Code of Ordinances, is amended to read: Sec. 22.90. Conditions-Alcoholic beverage special event permit. Permits issued pursuant to Section 22.59 for sale and/or consumption of alcoholic beverages at a special event shall be subject to the following conditions in addition to those contained in section 22.63: (12) Alcoholic beverages shall be served in containers meeting industry standards for such events, and must be a roved far each event b the special events committee. Alcoholic beverage containers shall be so desi ned and constructed that law enforcement officers may ascertain their contents upon visual inspection, and shall not includesport drink bottles ceramic or lass mugs, closed containers metal cans lass bottles or similar containers. sieaF plastis-sentainem only, ss sentalneFe shall be PeFmittedi The applicant shall provide for proper disposal of litter resulting from the activity. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING May 21, 1998 Ordfnance No. 6258-98 13 PASSED ON SECOND AND FINAL. READING AND ADOPTED Approved as to form: t 9C ?? Leslie K. Dougall-Side Assistant City Attorney 2 Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6258-98 ORDINANCE NO. 6259-98 1 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 5.0-FOOT UTILITY EASEMENT LYING EAST/WEST FROM LOTS 2 THROUGH 10 IN BLOCK 27, MANDALAY SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Leo J. and Terry Cronin, owners of real property located in the City of Clearwater, has requested that the City vacate a portion of the utility easement described in Exhibit A attached hereto, and the Public Works Administrator has recommended the vacation of the remainder of said easement; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The 5.0-foot utility easement lying east/west from Lots 2 through 10 in Block 27, Mandalay Subdivision, as recorded in Plat Book 14, Page 32 through 35, of the public records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: John Carassas Assistant City Attorney Attest: May 21, , 1998 Rita Garvey Mayor-Commissioner Cynthia E. Goudeau City Clerk Ordinance No. 6259-98 i i Ili " " Exhibit A NORTH NOT TO SCALE EASEMEV T VA CA TI ON REQUESTED BY APPLICANT ACACIA STREET w MAN LAY S UBDIVISION, BLO K 27 PLAT BOOK 14, PAGES 32 --35) w Z LOT LOT ° LOT LOT LOT LOT LOT LOT LOT Q 10 ° 9 7 6 5 4 3 2 Z Q ExiST. 5 UTILITY EA MENT (TYP ) ? 58.D (n Q J w o >.`n LOT LOT LOT LOT LOT LOT LOT LOT ?- Q •• 2 8 Z ° m-0? 7 6 5 4 3 2 Q m + MAND LAY U iT 5 R FIAT, LOCK 83 SOMERSET STREET EASEMENT VA CATION REQUESTED BY CITY LEGAL DESCRIPTION: VACATE THE 5.0 FO OT UTILITY EASEMENT LYING EAST/WEST IN BLOCK 27, MANDALAY SUBDIVIS ION, AS RECORDED IN PLAT BOOK 14, PAGE S 32--25 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. S- T- R: 5-29S-15E Grid #: 258B THIS IS NOT A SURVEY MY OF CLEARWA'iER, FLORIDA CRONIN vac98-04Awg ? PUBLIC WORKS ADMIl?IST ? r RATION Drawn by, PWCf Date: 3/26/98 rER ENGINEERING Ordinance 6259-98 ORDINANCE NO. 6272-98 -AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 3-FOOT UTILITY EASEMENT LYING ALONG THE WEST SIDE OF LOT 5, LESS THE SOUTHERLY 2.5 FEET, TOGETHER WITH THE WESTERLY 34 FEET OF THE 3-FOOT UTILITY EASEMENT LYING ALONG THE SOUTH SIDE OF LOT 3, BLOCK 3, TAGARELLI SUBDIVISION; PROVIDING AN EFFECTIVE DATE. WHEREAS, Tampa Bay Community Development Corporation, owner of real property located in the City of Clearwater, has requested that the City vacate the utility easement described in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said easement is not necessary for municipal use and it is deemed to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: The 3-foot utility easement lying along the west side of Lot 5, less the southerly 2.5 feet, together with the westerly 34 feet of the 3-foot utility easement lying along the south side of Lot 3, Block 3, Tagarelli Subdivision, as recorded in Plat Book 27, page 28, of the public records of Pinellas County, Florida, is hereby vacated, closed and released, and the City of Clearwater quitclaims and releases all of its right, title and interest thereto. Section 2. The City Clerk shall record this ordinance in the public records of Pinellas County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING May 21, 1998 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: John Carassas, Assistant City Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6272-98 .'d? NORTH NOT TO SCALE Exhibit A PIERCE STREET N89'18'11 "W ...... ........ 64.00' LEGEND: PORTION OF EASEMENTS ® TO BE VACATED P? P G L.O ?l- L () Cj Y EXIST. 2.5' UTILITY EASEMENT o 0 Sri 0 CD \) 0 LOT a 3 ° o a ?. 0 z 0 0 Lri 34' 64.00' a 0 C)a 0 r` P? P ?' LOT 19 J 4 -EXIST. 3' UTILITY EASEMENT N89'18'11 "W 70.00' LOT 5 2 0 S89'18'11 "E I 134.00'r? C1 I= ` V Q` LOT r } EXIST. 3' UTILITY EASEMENT W _r 0 0 0 a r? 0 z w z w Q z LIf w Of W w O GA DES CRIPTION F EASEMENT TO BE VACATED: Vacate the 3.0 foot utility easement lying along the west side of Lot 5, less the southerly 2.5 feet, together with; the westerly 34 feet of the 3.0 utility easement lying along the south side of Lot 3, Block 3, Tagarelli Subdivision, as recorded in Plat Book 27, Page 28 of the Public Records of Pinellas County, Florida. S- T- R: 15-29S-15E Grid #. 2876 THIS IS NOT A SURVEY GENERAL HOME DEVELOPMENT CORP. vac98-03.dwg Drawn by. PWD Date: 3/24/98 Ordinance 6272-98 6-18-98 paperwork for Item # 17 moved to 6-18-98 0.1. ORDINANCE NO. 6282-98 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE EAST SIDE OF BERKLEY PLACE AND 150 FEET NORTH OF NORTHEAST COACHMAN ROAD, CONSISTING OF LOT 5, BLOCK D, PALMETTO TERRACE, WHOSE POST OFFICE ADDRESS IS 811 BERKLEY PLACE, 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 are redefined accordingly: Lot 5, Block D, Palmetto Terrace, according to the map or plat thereof as recorded in Plat Book 39, Page 75, of the public records of Pinellas County, Florida. (A 98-15) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the dedication of all easements, parks, rights-of-way and other dedications to the public which have heretofore been made by plat, deed or user within the annexed property. The City Engineer, the City Clerk and the Central Permitting Director are directed to include and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING May 21. 1998 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sid s Assistant City Attorne Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6282-98 PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION AND ZONING OWNER: Anits Fontorn, Laonard and Charlotte Fenton A: 98-15 ADDRESS: 811 Berkley Place Clearwater, R. 33765 EHOPEtt?Y DUCtUFTION; Lot 5, Block "D", Palmetto Terrace Subdivision according to Plat thereof as recorded in Plat Book 39, Pape 75, of the Public Records of Pinellas County, Florida. LAPQ USE hAN ZONiNg COUNTY: Rosidiantlal Urban R-3 CITY: Residontial Urban R58 ACRES: 0.16 m.o.l. Right-of-way: ACRES,. ATLAS PAGE: 281 A SEC: 07 TWP: 29 S RQE: 16 E t?1?i?z??vilu?:??}?o?Mb?.i+.is;?;.ts?'.,. 'Amy- . ?... .• r r.+r .. ? ?`?4??.?ssi?, :,?iay?#; ??????:' i?•5 ?i a•t • t• t. if ?1 S::• i'i1'iv Cf t .'';?:: i ? , , , . . . . o • , .: ., Exhibit .. 1.. . ..., ??•}•,rr• ?. r 1 .?. moo. r f.l .r,.i A Ordinance 6282--98 S-11-199B 10: 1 1 AM FR(Y4 CENTRAL PER141 TT I NG 813 562 4576 P. 2 ORDINANCE NO. 6283-98 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED AT THE EAST SIDE OF BERKLEY PLACE AND 150 FEET NORTH OF NORTHEAST COACHMAN ROAD, CONSISTING OF LOT 5, BLOCK D, PALMETTO TERRACE, WHOSE POST OFFICE ADDRESS IS 811 BERKLEY PLACE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL "EIGHT" (RS-8); PROVIDING AN EFFECTIVE DATE. I9 WHEREAS, the assignment of a zoning district classification as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property located in Pinellas County, Florida, is hereby zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Lot 5, Block D, Palmetto Terrace, according to the map or plat thereof as recorded in Plat Book 39, Page 75, of the public records of Pinellas County, Florida. (A 98-15) Zoning District Single-Family Residential "Eight" (RS-8) Section 2. The Central Permitting Director is directed to revise the zoning atlas of the City in accordance with the foregoing amendment. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No, 6282-98. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Dougall-Sides Assistant City Attorney May 21, 1998 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6283.98 !: PROPOSED ANNEXATION LAND USE PLAN CLASSIFICATION AND ZONING OWNER: Anita Fenn, Leonard and Charlotte Fenlon A: 9€i?15 ADDRESS: 811 Barkley Place Clearwater, Fl. 33765 PRORERTY 0ESgRIEjl!2N; Lot 5, Block 'D', Palmetto Terrace Subdivision according to Plat thereof as rocorded in Plat Book 39, Page 75, of the Public Records of Pinellas County, Florida. LAND USE Z NIN COUNTY: Residential Urban R-3 CITY: Residontial Urban ASS ACRES: 0.18 m.o.l. Right-of-way: ACRES: ATLAS PAGE: 281A SEC: 07 TWP: 29 S RGE: 161E .w>,V Y51 ,? •. 'v 1.1• •Ir... •.!• •.? ry W L /I .?T I 11 A' 4 L II I M t?fNi1?I+I[` I7aNtl?IG: ?iD;;NJ}?y'S??:19;??•atL:r,s ..11..Irw N.•?... •. ?, h4v1 }tit. ` \ •1 l.v.• V Yl• <"CII iS$1CSN=f "" 3 ?i•,SiY 1. °? ;,+' : I [f T L ? :: ?1 ?1 a ., G i .r.. . •.i i r .7.?.? l!'i: ; Ordinance 6283-98 S-11-1998 10.- 1 I AM FRD-1 CENTRAL. PERMITTING 813 562 4576 P. 2 ORDINANCE NO. 6288-98 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO TELECOMMUNICATION SERVICES AND TAXATION; AMENDING SECTIONS 29.72, 29.73, 29.74, AND 29.76. CODE OF ORDINANCES, AND ADDING A NEW SECTION 29.77, CODE OF ORDINANCES, TO BRING SAID ORDINANCES INTO COMPLIANCE WITH STATE STATUTES; PROVIDING AN EFFECTIVE DATE. WHEREAS, Sections 29.72, 29.73, 29.74, and 29.76, Code of Ordinances, relating to telecommunications services and taxation, needed revision because of recent changes in state statutes; and WHEREAS, Section 29.77, Code of Ordinances, relating to telecommunications services and taxation, is a new section that needs to be enacted because of recent changes in state statutes; and WHEREAS, the City Commission finds that these changes in city ordinances are needed to be in compliance with the recent changes In state statutes; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 29.72, Code of Ordinances, is amended to read: Sec. 29.72. Levy (1) Utilities. There is levied by the city on every purchase in the city of electricity, metered or bottled gas (natural, liquefied petroleum gas or manufactured), and water service, a tax of ten percent of the payments received by the seller of the item taxed by this section from the purchaser for the purchase of such service. The tax levied by this sub section shall be collected by the seller of the item subject to this tax from the purchaser at the time of payment for such service. (2) Fuel oil. There is hereby further levied by the city a tax on every purchase in the city of fuel oil at the rate of $0.04 per gallon. This tax shall in every case be paid by the purchaser of fuel oil to the seller of fuel oil. The tax levied In this section on fuel oil shall be collected by the seller of fuel oil from the purchaser at the time of payment for such service. The term "fuel oil" as used in this subsection shall include fuel oil grade nos. 1, 2, 3, 4, 5, and 6, kerosene and coal oil. (3) Telecommunications services. There is levied by the city a tax on every purchase In the city of telecommunication service that w#iGh originates and terminates in this state, at the rate of 7 percent of the total amount charged for any telecommunication service the source of which is ascribed to the city on the basis of billing addressor service address as used consistently by the seller, provided within the city or, if the location of the telecommunication services provided cannot be determined, the total amount billed for such telecommunication services to a telephone or telephone number, a telecommunications number or device or a customer's billing address located within the city, excluding public telephone charges collected on site, charges for any foreign exchange service or any private line service except when such services are used or sold as a substitute for any telephone company switched service or dedicated facility by which a telephone company provides a communication path, access charges, and any customer access line charges paid to a local telephone company. However, telecommunications services as defined in §203.12(5), F.S, as may be amended from time to time to, shall be taxed only on the monthly recurring customer service charges excluding variable usage charges. Section 2. Section 29.73, Code of Ordinances, is amended to read: Ordinance No. 6288-98 QC, Sec 29.73. Payment; collection. It shall be the duty of every seller of electricity, metered or bottled gas (natural or manufactured), water service, fuel oil or telecommunication service, to collect from the purchaser, for the use of the city, the tax hereby levied in this article, at the time of collecting the selling price charged for each transaction, and to report and pay over, on or before the 4V4 20h day of each calendar month, or quarter if applicable, or if the twentieth day is either a legal holiday or 1s not a city business day, then on or before the first city business day, that is not also a legal holiday, unto the finance director, all such taxes levied and collected during the preceding calendar month. An seller of electricl metered or bottled as manufactured or natural fuel all water service and telecommunications service failing to remit to the Ci on or before the twentieth (20th) day of each calendar month will be subiect to the provisions of Sec. 29.77 paragraph 7. Section 3. Section 29.74, Code of Ordinances, is amended to read: Sec 29.74. Records of service. Each seller of electricity, metered or bottled gas (natural or manufactured), water service, fuel oil and telecommunication service shall keep Gemplete records showing all sales In the city of such commodities or service, which records shall show the price charged upon each sale, the date thereof, and the date of payment therefor. Duly authorized agents of the ci may during the sellers normal business hours at the official location of the seller's books and records, audit the records of any seller of a service that is taxable by the city under §166.231, F.S. or §166.232, F.S. for the purpose of ascertaining_the correctness of any return that has been filed or payment that has been made, if the city's power to assess tax or grant a refund Is not barred by the applicable limitations period. Each such seller must-provide to the city, upon 60 days' written notice, access to applicable records for such service except that extensions of this 60-day period will be granted if reasonably requested by the seller.- arl"UGh-reeerds-shall fie-kept-open for uly-autheFized-age4#? ^F #e City d ng 11-baslaess-days-and-sum d?utCyl- Whe?ed-agents-e ##e-city shall-have ght, power-andautlaef"Y40-maloe-st?sf? -anssr+pt4heFe9f CuRRg isuGh times as the nay-desire- (2) Each seller of services that are taxable under 4 166.231, F.S. or _§_ 166.232, 1=.S, shall preserve applicable records relating to such taxes until the expiration of the time within which the city-may make an assessment with respect to that tax; however, a seller is not required to retain duplicative _or redundant records.-The term "applicable records" means records kept in the ordinary course of business which establish the collection and remittance of taxes due. Section 4. Section 29.76, Code of Ordinances, is amended to read: Sec 29.76.Exemptions. (1) The United States of America, the State, and political subdivisions and agencies there of are hereby exempted from payment of the, taxes imposed by section 29,72. Such tax shall not apply to sales of bottled water. (2) There is excluded from the tax levied and imposed pursuant to section 29.72 the following; (a) Purchases of special fuels as defined in §206.86, F.S.; (b) The purchase of not more than five gallons of fuel oil delivered at the seller's place of business into the purchaser's container of not more than five gallon capacity; (c) The purchase of fuel oil or kerosene for use as an aircraft engine fuel or propellant or for use in internal combustion engines; Ordinance No. 6288-98 2 ac (d) The purchase of natural gas or fuel oil by a public or private utility, including municipal corporation and rural electric cooperative associations, either for resale or for use as fuel in the generation of electricity; (c) The purchase of local telephone service or other telecommunications service for use in the conduct of a telecommunications service for hire or otherwise for resale. (f) The purchase of any item otherwise subject to the tax levied by section 29.72 by any recognized church in this state for use exclusively for church purposes and purchases made by any?religious institution that possesses a consumer certificate of exemption Issued under chapter 212,_F.S. Section 5. Section 29.77, Code of Ordinances, is enacted to read: 29.77 Administrative provisions: ricahts and remedies. (1) The city may, during the seller's normal business hours at the official location of the seller's books and records, audit the records of any seller of a service that is taxable by the city under 4966.231, F.S. or 61.66.232. F.S. for the purpose of ascertaining whether taxable services have been provided or the correctness of any return that has been filed or payment that has been made. Each such seller must provide to the city, upon 60 dave written notice of intent to audit from the city, access to applicable records for such service, except an extension of this 60-day period will be granted if reasonably requested by the seller. The seller may, at its option waive the 60-day notice requirement. If either the city or the seller requires an additional extension, it must give notice to the other no less than 30 days before the existing extension expires, except in cases of bona fide emergency or waiver of the notice requirement by the other party. In an audit, the seller is liable only for its taxable accounts collected which correspond to the information provided to it by the city under §166.233(3), F.S. As used in this section "applicable records" means records kept in the ordinary course of business which establish the collection and remittance of taxes due. Such applicable records may be provided to the city on an electronic medium if agreed to by the seller and the city. No fee or any portion of a fee for audits conducted on behalf of the city shall be based upon the amount assessed or collected as a result of the audit, and no determination based upon an audit conducted in violation of this prohibition shall be valid. (2) Each seller of services that are taxable under §166.231, F.S. or §166.232, F.S. shall preserve applicable records relating to such taxes until the expiration of the time within which the city _may make an assessment with-respect to that tax, however, a seller is not required to retain duplicative or redundant records. 3 Before auditing a seller under subsection 1 the city shall upon request of the seller, discuss with the seller the ci 's prop osed audit methodolo . The ci shall re are and furnish to the seller a report of each audit which identifies the nature of an deficient or overpayment, the amount thereof, and the manner in which the amount was computed.-In addition the ci upon request and no less than 45 days before igmin a determination under subsection B shall furnish the seller with all other information or material in ossession of the city or its agents which is necessary to su lement the audit finding LIL (a) The city-may issue a proposed assessment of tax levied under 416£.231. F.S. or 166.232. F.S. within 3 years after the date the tax was due. However, -this limitation is tolled for 1 year if within the 3- year period the municipality issues to the seller a notice of intent to audit. If the audit cannot be completed prior to the expiration of this limitation period as extended by tolling, and such condition is due to the seller's refusal or Bela in allowing access to applicable records the cl may make a proposed assessment from an estimate based upon the best information available for the taxable eriod unless the seller agrees in writing to extend the limitation period. The ci may also make a proposed assessment from such an estimate if, nnotwithstanding agreed extensions of the limitation period to a date which is 3 ears following issuance of the notice of intent to audit the seller does not allow access to applicable records prior to such date. Ordinance No. 6288-98 00 (b) A seller may apply to the cily for refund of, or may?take_a_credit for, ny overpayment of tax or interest orpenalty„ thereon within 3 years following remittance by the seller, and the city will refund or allow the seller credit for such overpayments as were remitted to the city. However, in the case of an overpayment which the seller has previously refunded or credited to a purchaser in accordance with subsection (8), the limitation period for the seller's refund application or credit shall expire _3 years following the seller's remittance to the municipality or 60 days following the seller's issuance of the refund or credit to the purchaser, whichever is later. (c) Upon expiration of the periods set forth in this subsection, the city's-right to_assess _tax, interest.- penalty and the seller's right to apply for a, refund or credit expire and-are barred, unless fraud has occurred however, sellers and the ci may enter into agreements to extend these -periods. _or (5) _ Notwithstanding subsection (4 ), the city shall offset a seller's overpayment of any tax, interest, penalty revealed by an audit against any deficiency of tax, interest, or penalty whkch- is determined to be due for the same audit period, and such offsets must be reflected in_a y proposed assessment. If the overpayments by the seller exceed the deficiency, the city will refund to the seller the amount by which the aggregate overpayments exceed the total deficiency. Absent roof to the contrary is he methodology that is employed in„computing „the amount of a deficiency is-presumed to yield an appropriate computation of the amount of any overpayments. As used in subsectionA4) and this _subsection, "overpayment" to the city means and includes all, remittances of public service tax, interest, or penalty which were not due to the city, incl_udinQ amounts properly collected but remitted to an incorrect munici alit . (6) Any purchaser of a service may request from a seller a refund of, or credit for, taxes collected from the purchaser upon the ground that the amounts collected were not due to the ci . The seller shall issue the refund or allow a credit to the purchaser entitled thereto, if the request is made within 3 years following collection of the tax from the purchaser. In any event, a seller shall issue a refund or credit to a purchaser within 45 days following the seller's determination of the amount of taxes collected from the purchase within the preceding 3 years that were not clue to the city. (7) The city Is authorized to assess interest and penalties in accordance with this subsection for failure to pay any tax when due or to file any required return, except that no penal! shall be assessed absent willful neglect, willful negligence, or fraud. Interest will be assessed at a maximum rate of 1 percent per month of the delinquent tax from the date the tax was due until paid. Penalties will be assessed at a maximum rate of 5 percent per month of the delinquent tax not to exceed a total enai of 25 percent, except that in no event will the penalty for failure to file a return be less than 15. In the case of a fraudulent return or a willful intent to evade a meet of the tax the seller making such fraudulent return or willful) attempting to evade payment of the tax shall be liable for a specific penalty of 100 percent of the tax, Interest and penalties shall be computed on the net tax due after application of an overpayments, Interest and penalties shall be computed on the net tax due after application of any overpayments, and are subject to compromise pursuant to subsection (14). (8) Any proposed assessment or finding of amounts due the seller constitutes a determination of the city for purposes of this section. A determination will separately state the amounts of tax interest and penalty claimed to be due or to be refunded, will be accompanied by a written narrative explanation of the basis for the city's determinations will inform the seller of the remedies available to it if it disagrees_ with any such determination and will state the consequences of the seller's failure to comply with an demand of the ci which is stated in the determination. Ordinance No. 6288-98 Qo f9) A_seller may file with the city, a written protest of any determination within 60 days after the determination is issued. The city will consider the protest and will within 60 days, issue a written notice of decision to the seller. The seller may petition the city for reconsideration of a notice of decision within 30 da s after the issuance of the notice and following reconsideration of such a petition, the city will within 30 days,. issue a written notice of reconsideration to the seller. 10 A determination becomes final 60 days after the date of issuance unless the seller, before the 60- day period expires, has filed a protest or secured a written extension of time within which to file a protest. If the seller has secured a written extension of time and fails to file a protest within the extended time period, the proposed assessment becomes a final assessment at the expiration of the extended filing period. If a protest is times filed and the seller and the municipality are unable to resolve the disputed Issues the determination becomes final as of the date of issuance of the notice of decision unless the seller timely files a petition for reconsideration. If a petition for reconsideration is timely fled, the determination becomes final upon issuance of a notice of reconsideration. 11 A notice of decision or a notice of reconsideration must address each issue raised in the protest or petition, must explain the reasoning underlying the conclusions reached and must advise the seller of the remedies available to it if it disagrees with the city's disposition of the issues. 12 A seller may, contest the le alt of an determination b film an action in circuit court within 60 days after the date the determination becomes final. However, in an action flied in circuit court to contest the le alit of an tax enalt or interest assessed under this section the plaintiff -must-pay the ci the amount of the tax, penalty, and accrued interest which is not being contested_bythe seller. Venue lies in is located. The defendant In an such action is the ci . Pinellas County where the cit -v 13 A seller's failure to protest a determination under this section administratively-or judicial) does not waive or impair the seller's ri ht to seek refund of an over pa ment within the time allowed under subsection (4). (14) A seller's Ilability for any tax, interest, or penalty may be settled or compromised by the city upon the grounds of doubt as to liability or doubt as to the collectibility of such tax, interest, or penalty. The city and a seller may enter into a written closing agreement that reflects the terms of an settlement or compromise. When such a closing agreement has been approved on behalf of the city and the seller, it is final conclusive and binding-on the parties with respect to all matters set forth therein and except upon a showing of fraud or misrepresentation of material fact additional assessment may not be made against the seller for the tax interest or penalty specified in the closing agreement for the time period specified in the closin agreement, and the seller ma not institute an 'udicial or administrative proceeding to recover any tax, nte_r_est, or penalty paid under the closing agreement. In issuing a determination, the city will include in its notification thereof to the seller the names of the persons authorized to approve compromises and to execute closing agreements. The city ma also enter into agreements for scheduling Payments of taxes interest and-penalties, which agreements will recognize both the seller's financial condition and the best interest of the city, if the seller gives accurate current information and meets all other tax obligations on schedule. 15 All notices of intent to audit determinations notices of decisions and notices of reconsideration issued under this section must be transmitted to the seller b certified mail return-receipt requested, and the date of issuance is the postmark date of the transmittal. All protests and petitions -for reconsideration are time) filed if postmarked or received b the ci within the time prescribed_by this, section. If mailed, protests and petitions must be transmitted b certified mail return receipt requested. (16) A seller ,may_pay any contested amount, in whole or in art at anytime, and the payment does not impair an of the seller's remedies as provided in this section. Ordinance No. 6288-98 ad (17 The amity will furnish sellers with prompt, accurate responses to questions and to requests for tax assistance. 18 In all matters connected with the administration of the public service tax, sellers have the right: (a) To be represented by counsel or other qualified representatives: LtLTo procedural safeguards with respect to the recordinn of interviews during tax determination processes conducted b the municipality: and icyTo have ?udit5, inseections of rre?ards, and interviews_ conducted at a reasonable time and place. 19 The city may communicate with other municipalities concerning the following: (@I Technical information concerning a seller's tax and accounting system necessary to conduct an accurate and efficient audit of a_specific company,' however in no event shall the information include any, data relevant to a specific purchaser or account or the seller's tax treatment of specific services; (b)_ Names and addresses of companies selling taxable services within their respective jurisdictions: and c The name of any company issued a refund of taxes and the total amount of taxes refunded to such company. 20 Except as otherwise provided in this subsection, the city will not assess or attempt to assess a. seller for any costs incurred b or charged to the city in connection with performing an audit of the seller's books and records, including all travel expenses. Any assessment or proposed assessment of such costs shall be void and unenforceable. The city _may-however-assess- and colfect_from the seller the reasonable travel-expenses incurred by or charged to the city in connection with performing an audit of the seller's books and records if the seller received timely notice requesting access to such books and records in accordance with subsection (1) and the seller failed or refused to allow such access and did not propose an alternative date on which the audit was to commence, or if the seller and the-city agreed in writing to an alternative date on which the audit was to commence but the seller then failed or refused to permit reasonable access to its books and records on the alternative_ date. (21) The provisions of this section, other than subsection (6). shall not apply to the extent that the seller is the city levying the tax under audit or a separate utility authority, board, or commission of such municipality. Section 5. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING May 21 , 1998 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: ijOk Pamela K. kin, City Attorney Rita Garvey, Mayor-Commissioner Attest: Cynthia E. Goudeau, City Clerk Ordinance No. 6288-98 ai MOTION TO -AMEND ORDINANCE 6301-98 Amend Section 28.11(1)(a) on second reading as follows: (a) In any his-par?g let-eF public parking garage, including the access/egress ramp; , ski Robert J. Surette Assistant City Attorney 6-1-98 a i Ordinance No. 6301 -98 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO SKATEBOARDS, ROLLER SKATES, AND IN-LINE SKATES; AMENDING ARTICLE I OF CHAPTER 28, CODE OF ORDINANCES, TO CREATE SECTION 28.11 TO PROHIBIT A PERSON FROM USING SKATEBOARDS, ROLLER SKATES, AND IN-LINE SKATES IN SPECIFIED LOCATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, numerous complaints have been received, particularly from downtown area businesses, about individuals using their skateboards, roller skates and in-line skates and causing damage to private and public property; WHEREAS, individuals are skateboarding, rosier skating and in-line skating in the City of Clearwater and are using benches, railings, planters, steps, and curbs as obstacles to jump off or over, having little or no regard for property or for pedestrians; and WHEREAS, the skateboarders, roller skaters and in-line skaters are causing significant damage to the downtown area in particular because the skateboards, roller skates or in-line skates scratch and cause other forms of damage to the benches, railings, planters, ceramic-tiled walkways, steps, and curbs; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 28.11, Code of Ordinances, is created to read as follows: Sec. 28.11. Use of Skateboards, Roller Skates and In-line Skates Prohibited on Specified Public or Private Property. (1) It is unlawful for any person to operate or ride a skateboard, roller skates or in-line skates in or upon any of the following locations: (a) In any public parking lot or public parking garage, including the accesslegress ramp, except that persons who park in public parking lots shall be permitted to roller skate or in-line skate from their parked vehicles to the sidewalk; Ordinance No. 6301-98 Q I . (b) , In any public access ramps or access ramps for handicapped persons providing pedestrian access to a building; (c) On any publicly owned benches, railings, planters, ceramic-tiled walkways, steps, and curbs; and (d) On any public or private property where prohibited by conspicuously located signs having lettering at least two inches high and containing as a minimum the words "No Skating," "No Skateboarding," or a substantially similar message. (2) It is unlawful for operators or riders of skateboards, roller skates or in-line skates to fail to yield the right-of-way to any other pedestrians or to otherwise endanger or interfere with pedestrian traffic on any street or sidewalk within the City. Section 2. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED AS AMENDED Approved as to form: P4.j-?. ?,VA - Robert J urette Assistant -City Attorney May 21, 1998 Rita Garvey Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6301-98 LL c i r• U One City One Future Interoffice Correspondence Sheet TO : Honorable Mayor and City Commissioners FROM: Rob Surette, Assistant City Attorney CRs.S CC: Pamela K. Akin, City Attorney Michael J. Roberto, City Manager Sid Klein, Chief of Police SUBJECT: Solicitation on Public Streets; Skating Ordinance DATE: June 1, 1998 l? Commissioner Seel asked at the work session this morning whether it is lawful for a person a to stand on the median and hold a sign directing vehicles to a gas station where students are He y washing cars. Neither Section 316.2045, Florida Statutes (1997) nor Section 28,041, d Clearwater Code of Ordinances, would prohibit such conduct when the person is only 04 providing information to the public so long as the person does not obstruct traffic or does not ?3 approach motor vehicles located on public streets in order to engage individual motorists in c„Iconversation. Commissioner Seel also asked if the City of Clearwater could adopt an ordinance similar to a City of New York ordinance that prohibits the "reckless operation" of roller skates, in-line skates, and skateboards on public streets. A similar prohibition is unnecessary because Section 316.2065(12), Florida Statutes (1997) makes it unlawful for roller skaters, in-line ' skaters, and skateboarders even to go upon any roadway except while crossing a street on a crosswalk. ?f U? ?- 91104, 6?7 C? 0"? To: Mayor and City Commissioners INTEROFFICE MEMO (?. L(. 9 From: George E. McKibben, Purchasing Manager Copies: Michael J. Roberto, City Manager Cynthia E. Goudeau, City Clerk Subject: Purchases to be approved at the June 4, 1998 City Commission Meeting Date: May 14, 1998 All items recommended for purchase and delivery during the 1997198 fiscal year are included in the approved 1997/98 budget. All recommended vendors are the lowest most responsive bidders in accordance with the specifications unless a specific exception is noted. 1. Extend the contract period currently ending June 30, 1998 to September 30, 1998, with Mueller Distribution Contractors, Sanford, Florida, for installation of polyethylene gas mains and service lines throughout the gas system. This contract period extension is necessary due to storm related delays during the current contract period. Funding was previously approved on March 20, 1997. Appropriation codes: 351-96370-563800-532-000 (Pinellas County) and 351-96320-563800-532-000 (Pasco County). (Clearwater Gas System.) 2. Award a contract Cushion Deck International, Clearwater, Florida, in the amount of $43,505.25, for the purchase and installation of a cushion deck safety play surface at Cherry Harris Park. Exception to bid under Section 2.564 (1)(d), Code of Ordinances - Other Governmental Bid - Florida State contract. Appropriation code: 181-99919-550400-534-000. (Solid Waste) 3. Award an annual contract to Ross Systems, Incorporated, Atlanta, Georgia, in the amount of $53,000.00, for financial system software licenses and maintenance during the contract period June 30, 1998 through June 29, 1999. Exception to bid under Section 2.564 (1)(e) - Sole Source . Appropriation code: 555-09862-546200-519-000. (Information Management) Funding for the above referenced purchases is included in the FY 1997/98 Budget. Tina Wilson, Budget Director v FD 1 SUB) ECTIRECOMMENDATION: Clearwater City Commission "v&gw??` Agenda Cover Memorandum Final Agenda Item # Meeting Date: 614198 Reappoint two Clearwater Residents, Mr. Myron Ahrens and Mr. Rick G. Stucker, as trustees of the Clearwater Firefighters' Supplemental Trust Fund in accordance with Section 175.061 of the Florida Statutes. ? and that the appropriate officials be authorized to execute same. SUMMARY: • The Clearwater Firefighters' Supplemental Trust Fund is the recipient of monies obtained by the State of Florida from insurance companies doing business within the community. These monies are required to be administered by a Board of Trustees whose composition must consist of: two legal residents of the City appointed by the City Commission; two City firefighters elected by the firefighters; and a fifth member chosen by a majority of the other four members and submitted to the City Commission for appointment. The Board of Trustees is solely responsible for administration of the trust fund. In 1996, the City Commission reappointed both Mr. Myron L. Ahrens and Mr. Rick G. Stucker as City Commission Trustees to serve for another standard two-year term. Both Mr. Ahrens and Mr. Stucker have fulfilled their trustee assignments during this latest two-year period in an extremely professional manner. • Mr. Myron Ahrens and Mr. Rick G. Stucker have indicated they are willing to be reappointed as the City Commission appointees for a subsequent two-year period. Both individuals are City residents. Mr. Ahrens possesses a management background and Mr. Stucker is a local business owner with an insurance background. The law permits any Board member to succeed himself/herself. Reviewed by: Originating Dept: Costs Legal NIA Info Srvc NIA FIRE Total -0- Budget N/A Public Works NIA User Dept. Funding Source: Purchasing NIA DCMIACM c_ NIA Current FY -0- CI Risk Mgmt NIA Other-City Clerk Attachments OP Other Submitted by: Appropriation Codes: City Manager r1+1 S R ©None NIA Printnd nn rnrvried nannr tr..., 71nn • Clearwater City Commission Item; Agenda Cover Memorandum Meeting Date: ' RECOMMENDATION/MOTION: Approve renewing the lease agreement for the premises at 1453 South Greenwood Avenue, Space B, from Theodore V. and Mary G. Klinger for a term of eighteen (18) months from July 1, 1998 to December 31, 1999, at the rental amount of $4,950.00, © and that the appropriate officials be authorized to execute same. BACKGROUND: • In May 1994, the Clearwater Police Department was awarded a grant for the establishment of the South Greenwood Neighborhood Patrol Team which now consists of four (4) officers. Initially, the South Greenwood Neighborhood Patrol Team was located at the Ross Norton Recreation Center. Additional space was required for effective operation and since July 1, 1996 the Patrol Team has been operating out of 1453 South Greenwood Avenue. This office space is centrally located within the neighborhood served. The only changes noted on the new lease is the change in property ownership and mailing address. The lease is available in the City Clerk Department for review. Reviewed by: Originating Department: Costs: Commission Action: L al IC S4,950.00 ? Approved e Budget ? ? Total ? Approved wlCondillons Purchasing User department: $ 025.00 ? Denied Risk Mgml. NIA P I Current Fiscal Year ? Continued to: Is NIA ! Funding Source: ACM ? Capital Improvernenti other NIA Advertised; ® Operating: Date: ? Other; Attachments: Paper: Lease Agreement Suhmitte by: ® Not Required Appropriation Code Affected Parties: 010-01132-544200-521-000 13 Notified ? None City Man of Required Q Printed on recycled paper COMMERCIAL LEASE This lease is made between THEODORE V. KLINGER and MARY G. KLINGER (1285 South Lincoln Ave., Clearwater, FL 33756), herein called Lessor, and THE CITY OF CLEARWATER (P.O. Box_ 4748 Clearwater, FL 33756), herein called Lessee. Lessee hereby offers to lease from Lessor the', $ f,) situated In the City of Clearwater, County of Pinellas, State of Florida, described as 1453 Greenwood Q Avenue, Space B, upon the following TERMS and CONDITIONS. 1. Term and Rent. Lessor demises the above premises for a term of EIGHTEEN MONTHS, commencing July 1, 1996 and terminating on December 31, 1999, or sooner as provided herein at the rental amount of Four Thousand Nine Hundred Fifty Dollars ($4950.00), payable in equal Installments of Two Hundred and Seventy-Five Dollars ($275.00) in advance on the first day of each month for that month's rental, during the term of this lease. All rental payments shall be made to Lessor, at the address specified herein, 2. Use. Lessee shall use and occupy the premises as a police substation. The premises shall be used for no other purpose. Lessor represents that the premises may lawfully be used for such purpose. 3. Care and maintenance of Premises. Lessee acknowledges that the premises are in good order and repair, unless otherwise indicated herein. Lessor shall be responsible for all repairs, including but not limited to the roof, exterior walls, and structural foundations. 4. Alterations. Lessee shall not, without first obtaining the written consent of Lessor, make any alterations, additions, or Improvements in, to or about the premises. 5. Ordinances and Statutes. Lessee shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the premises, occasioned by or affecting the use thereof by Lessee. 6. Assignment and Subletting. Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor, which shall not be unreasonably withheld. Any such assignment or subletting without consent shall be void; and, at the Lessor's option, Lessor may terminate this lease. 7. Utilities. All applications and connections for necessary utility services on the demised premises shall be made In the name of Lessee only. Lessor shall be responsible for cost of electricity up to $150.00. Lessee shall be solely liable for utility charges as they become due, including those for telephone services as well as for 13% of any electric cost in excess of $150.00. 8. Entry and Inspection. Lessee shall permit Lessor or Lessors agents to enter upon the premises at reasonable times and upon reasonable notice, for the purpose of inspecting the same, and will permit Lessor at any time within sixty (60) days prior to the expiration of this lease, to place upon the premises any usual 'To Let" or "For Lease" signs, and permit persons desiring to lease the same to Inspect the premises thereafter. 9. Possession. If Lessor is unable to deliver possession of the premises at the commencement hereof, Lessor shall not be liable for any damage caused thereby nor shall this lease be void or voidable, but Lessee shall not be liable for any rent until possession is delivered. Lessee may terminate this lease if possession Is not delivered within TEN days of the commencement of the term hereof. 10. Indemnification of Lessor. Lessor shall not be liable for any damage or injury to Lessee, or any other person, or any property, occurring on the demised premises or any part thereof, and Lessee agrees to hold Lessor harmless from any claims for damages, no matter how caused, 11. Eminent Domain. If the premises or any part thereof or any estate therein, or any other part of the building materially affecting Lessee's use of the premises, shall be taken by eminent domain, this lease shall terminate on the date when title vests pursuant of such taking. The rent, and any additional rent shall be apportioned as of the termination date, and any rent paid for any period beyond that dale shale be repaid to Lessee. Lessee shall not be entitled to any part of the award for such taking or any payment in lieu thereof, but Lessee may file a claim for any taking of fixtures and Improvements owned by Lessee, and for moving expenses. 12. Destruction of Premises. In the event of a partial destruction of the premises during the term hereof, from any cause, Lessor shall forthwith repair the same, provided that such repairs can be made within sixty (60) days under existing governmental laws and regulations, but such partial destruction shall not terminate this lease, except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made, based upon the extent to which the making of such repairs shall Interfere with the business of Lessee on the premises. If such repairs cannot be made within said sixty (60) days, Lessor, at his option, may make the same within a reasonable time, this lease continuing in effect with the rent proportionately abated as aforesaid, and In the event that Lessor shall not elect to make such repairs which cannot be made within sixty (60) days, this lease may be terminated at the option of either party. In the event that the building In which the premises may be situated is destroyed to an extent of not less than one-third of the replacement costs thereof, Lessor may elect to terminate this lease whether the premises be Injured or not. A total destruction of the building in which the premises may be situated shall terminate this lease. 13. Lessor's Remedies on Default. If Lessee defaults in the payment of rent or any additional rent or defaults in the performance of any of the other covenants or conditions hereof, Lessor may give Lessee notice of such default; and if Lessee does not cure any such default within FIFTEEN days after the giving of such notice (or if such other default is of such nature that it cannot be completely cured within such period and If Lessee does not commence such curing within THIRTY days and thereafter proceed with reasonable diligence and In good faith to cure such default), then Lessor may terminate this lease on not less than THIRTY days notice to Lessee. On the date specified in such notice, the term of this lease shall terminate, and Lessee shall then quit and surrender the premises to Lessor, if this lease shall haw been so terminated by Lessor, Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects. 14. Taxes, Common Area Maintenance, and Insurance. Lessor shall be responsible for all taxes, common area maintenance, and insurance for the premises. 15. Attorney's Fees. In case suit should be brought for recovery of the premises, or for any sum due hereunder, or because of any act which may arise out of the possession of the premises, by either party, each party shall be responsible for their own attorney's fees and costs. 16. Waiver. Failure of Lessor to enforce any term hereof shall be deemed to be a waiver. 17. Notices. Any notice which either party may or is required to give, shall be given by mailing the same, postage prepaid, to Lessee at the premises, or Lessor at the address specified above, or at such other places as may be designated by the parties from time to time. 18. Heirs, Assigns, Successors. This lease is binding upon and inures to the benefit of the heirs assigns and successors In interest to the parties. 19. Option to Renew. Provided that Lessee Is not In default in the performance of this lease, Lessee shall have the option to renew the lease for an additional term, to be negotiated, commencing at the expiration of the initial lease term. All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be negotiated. The option shall be exercised by written notice given to Lessor not less than THIRTY days prior to the expiration of the initial lease term. 20. Subordination. This lease is and shall be subordinated to all existing and future liens and encumbrances against the property. 21. Cancellation. Lessee may cancel this agreement at any time with THIRTY days written notice to Lessor. 22. Entire Agreement. The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties. Signed this day of Rita Garvey, Mayor-Commissioner Approved as to form: r(,L?? 11 )wm* Robert J. yrette, Assistant City Attorney Witness Witness 1998. By: Michael J. Roberto, City Manager Attest Cynthia E. Goudeau, City Clerk By: Theodore V. Winger r y. Mary G. Klinge Item #25 1 I SFkLit ?r ??ystl:tE Clearwater City Commission Agenda Cover Memorandum ?Yi?s4e?:?s??turt?-' Final Agenda Item It Meeting Date: SUBJECT/RECOMMENDATION: l J) Approve recommendations for Special Events Grants Funding pilot program granting a total of $50,000 to eight Clearwater non-profit organizations for new or expanded special events and that the appropriate officials be authorized to execute same. SUMMARY: At the request of the Commission, a Special Events Grant Funding pilot program was developed to assist Clearwater non-profit organizations in creating new or expanding existing special events. The pilot program provides a total of $50,000 for eligible applicants in variable increments with a maximum of $10,000 per event. Funds are to be awarded on a matching basis of two (City) to one (Applicant) of which 50% of the applicant's match must be in cash. If City services are requested, such services are included in the request for grant funding. Funds are for events between June 15, 1998 and September 30, 1999. Sixty six (66) applications were distributed to those that attended the pre-grant workshop or to those that requested an application by mail as a result of newspaper notices. Of the twelve (12) qualifying applications that were received, eight are recommended for funding. Recommendations are: Request Award Organization $10,000 $10,000 (PACT, Inc.) Ruth Eckerd Hail $ 5,000 $ 5,000 The Florida Orchestra, Inc. $ 7,330 $ 6,000 Pinellas Youth Symphony $10,000 $ 8,000 YWCA of Tampa Bay $10,000 $ 8,000 Sunsets at Pier 60 Society, Inc. $ 6,000 $ 5,000 Florida West Ballet, Inc. $10,000 $ 5,000 Military Order of the World Wars $ 8,000 $ 3,000 Clearwater Marine Aquarium Event FamilyFest '99 Concert in the Park (Fireworks) Concert Decorative Art & Antique Sale Fabulous Fridays Concert Series Bagels and Ballet Salute to Military Concert Romance with the Sea Funding is available in the General Fund Non-Departmental program for this purpose. Reviewed by: 4 1 Originating Dept: Costs $50,000 1 Legal IUTA Info Srvc c+)L Total Budget +-k? Public Works User Dept. 1 Funding Source: Purchasing ? pCM1ACM ` Current FY Cl Risk Mgmt Other --? ?{?-- Attachments OP Other Submitted bY: 010-07000.582000-552-000 City Manager D None A ro riation Cade: 0 Printed on recycled paper Rev. 2198 U) z 0 z w 0 W C? co z I Zo) Z LU W a_ U) .Q a1 7 . ty0 7 L7 O C) C) a O O O O O C) O O C) W 4f) 404 U) tOf3 tin •L O N C ?t ti r• M Q ? c3i C co co a .;A a:. C O 'E ?a M 'A O Q O O M O O O aI m 0 O O O u I? O O ?D .cr U3 '' 3 n 'C `o E ?.. o a) c a) G O U a) O -o E ° °?a w• O cam v E? . O ?a c = o a c N m as Q .a m O U 3 N W- E " .E U N L? c • C = -- ?cpn O ` O C r " U CP 2 to N C N cd LL U c 5d N C C - a li U -. c o O N w CD U w ? = O C U C X O? C O Z3 C O O to ._ C ti O • _ C O w O m r= O CU N G O E N Y Q' p o m >• F= c o ,. `? ro rJ t0 r c e a_ O i- O.. N d E U V1 W . o D o ? m O c o o N E ca m j, a? a, a e . 0 U ? ? c r a E >+ 0 o- c W W ;, ?I o 'o m m c N W ar i u . a -J .0 cti rn m o U ?i ,> o, o N w ? c? m v 'c .. in m ° a N O 4) y C Y C O 'C C O 41 0 a) O U. ? }} m •t1 U > 7 C G ? U c U p G ? ? ? ? w V 7 C? c r- ? c Y U c OJ.r O - U 0 0 co C o O W O E X IU 15 O ? LL A N (0 ? _ O f9 0 0 ` d u C p o C O. C V N O a CIO M CL .' . U! . 0 o c) li t n ° w << o LL G 3 E m U. Lt a m mU`_L L a. > k; `zl C g t? O U G ! U N O f0 U) [ m to a O ar ` 0 L m N cu co `: L1 co O r . N G co ' 4 N < CU c C) N r',5 a a cn tL ,5d r- N co d CD C IC S? N C O m c D E D U D CD C c N N C co D cn 11?J CL V D 3 ° C) 0 O o 0 us ch U) O Ln a r? L D . > cu 0 t3 D CL N sn m S .c of ~ oD u? c N in M 0 EL 0 G a N C O O0 tl O d O D O W C NT GO O D _ Ef- U) to WS w ? r y •D O y O N a 3 c a Eli a] v '- C d D ? C O C c U E O 07 X C O 4- . _. D CL or 4: tm < ' L 40 " m CL O Co a '? C _` o n` N? CL ? .- cu ? sv ? a c c -? w CL 0 m ? (n (a o' w CU 'Q a) O m x c? ? m jet Q a) c v w En ? c t ;a o V E LL. C cv D O O .0 40 o CA L a D A O O L D D N N O D)- .0 ce) T N= O ? N? N? .O V.0 a: ,1.1 (a co 41) ADC 0 0) c0 a)cu - =cm dc u 00 m? ?' c?U) 0roa t)O0 sc U m °' • M LL a) =3 3 co CL) 3 Z C C Vl s _ '. 3 E E W ? - C-0 LL O cn N o C e7 U- c D C W. o m j s +M+ Q1 D ' D 'Fu L 'a rCl) - yL UI E .? L J, / U 0 W L m dI CI 0 o c c U O O M E r Q N ,[ 0 v CD D a c ? o L . coo ?. o D w; 'c m c m t0 10 0) U) o U) C c m 3 0 4- m - E a) g, m D ro N CD 0 U a e E Q O CL D .p D > dl to ,e c y O D (nliO X 13 ° ? tT)H 4 fAZ Q E Fm --i---¢ U}3 Li . L ca z, E Q E L cu fu G D D- N o- m= a m o Q D ? U r a ? M D c `' U c O o . U • v `D [] m O D N ?+ N U N m , tM 1 LL '7: D - U? D U E QU D U D U Qj UtA i? ti co .O c 0 a O C 03 c a m m C 47 y O w 4 N of a 3 b G v 7 D Z3 0 W G G N C 75 b C w 13 U w D z -SA,t%A p ur EVENT GRANT FUNDING INDIVIDUAL SCORESHEET APPLICANT: REVIEWER: NUMBER 1. MANDATORY REQUIREMENTS Yes No PAGE • Financial statement Yes No 1 • Certification of non-profit status Yes No I • Proof of matching funds / in-kind Yes No 1 • Board of Directors Yes No 1 • Proposed Event Marketing Plan Yes No 1 • Submission on Deadline Yes No 5,6 • Completeness of application form Yes No 5,6 Il. BENEFITS TO CITIZENS / PUBLIC IMPACT Extent of how many people, age groups, diversity, geographic area will 2 be drawn to the event • Extent of geographic appeal (neighborhood, local, regional, beyond) 2 • Extent of charitable return to the community 2 • Extent of return to the business community 2 SCORE (up to 40 Points) III. PROGRAM MANAGEMENT/FISCAL RESPONSIBILITY • Previous experience 1,2 • Leadership qualifications 1,2 • Financial stability 1,4 • Proposed marketing plan 1,4 • Availability of resources (Volunteers / Sponsors, etc.) 3,4' SCORE: (up to 30 Points) IV EVENT QUALITY • Purpose, goals and/or objectives of event 2 • Appropriateness of location 2 • Market demand / appeal 2 • Logistical feasibility 1,2,3 • Uniqueness of event 2 SCORE: (up to 30 Points) Please use back of score sheet for comments or notes U. Q x ? f - rwater One City. One Future. CITY OF CLEARWATER SPECIAL EVENTS GRANT FUNDING PILOT PROGRAM March 3, 1998 CITY OF CLEARWATER SPECIAL EVENTS GRANT FUNDING Pilot Program March 3, 1998 PURPOSE: In keeping with the City's vision to enhance Clearwater's "environment with festive activities", the Special Events Granting Program is designed to provide a vehicle to encourage new and expanded events and to provide a systematic approach of granting City in-kind services for special events on an annual basis. GOALS: Provide matching grants funding for Clearwater non-profit organizations (except churches and political organizations) so they may facilitate new or expanded events that will mutually benefit the organization and the citizens of Clearwater. GRANT PROGRAM: The pilot program provides a total of $50,000 for eligible applicants. Grants will be awarded invariable increments with a maximum of $10,000 per event. Funds will be awarded on a matching basis of two (2) to one (1). Matching funds may be in the form of in-kind services or cash. A minimum of 50% or one half of the matching funds must be in cash. E.g., $10,000 grant request matched with $5,000 cash or in-kind contributions ($2500 in cash, $2500 of in-kind contributions). If City services such as Police, Fire / Rescue, Parks and Recreation services, Permitting, Traffic Engineering, Marine, Public Works, Solid Waste etc. are requested, such services must be estimated and included in the request for grant funding. City services that are above and beyond the grant award will need to be paid by the organization. Note: Special events held on public property or events that affect public property require approval of the City's Special Events Committee. If your event meets this criterion, a preliminary "Application for Special Event" must be submitted with grant application. (Sample attached). Events are subject to the established regulations governing public health and safety. Based on the type of event, various permits may be required and the cost of those can be included in the request for grant funds. Call for applications will be by notification through newspaper notices and / or by letter to non-profit organizations within the City of Clearwater. Special Events Grant Funding Page 2 TIMELINE: Pre-Grant Call for Applications Workshop Application Deadline Recommendations to Commission Disbursement of funds Documentation and final report CRITERIA: March 3, 1998 April 15, 1998 First Commission Meeting in June, 1998 June 15, 1998 through September 30, 1999 Forty-five days after the completion of the event 1. Applicant(s) will provide verification of being a not-far-profit Florida corporation, in good standing, pursuant to Chapter 617 of the Florida Statutes. 2. Churches, government and political organizations are not eligible.. 3. Funds must be used to create a new event in Clearwater or to expand the scope of an existing event with something new. 4. Applicant(s) organization must have programs operating in the City of Clearwater. 5. Matching funds may be anticipated at the time of application, but must be received by the applicant and obligated by the ending date of the grant. 6. Applicant(s) organization must have been incorporated and operational for at least one year at the time of application. 7. Applicant(s) must furnish a financial statement for the organizations most recently completed fiscal year. 8. Applicant(s) must provide a complete application package by the specified deadline. 9. Applicant(s) must agree to comply with all legal, financial and operational requirements of the City's Special Events permitting process. 10. Event must be open and accessible to the public and meet ADA requirements. 11. Only applications from organizations in good standing with the City of Clearwater will be considered 12. Applicant(s) must agree to provide a full accounting and documentation of all expenditures allowed by the grant. 13. Applicant(s) must use the grant funds solely for the purposes of the grant. 14. Applicant(s) must agree to provide appropriate promotional credit to the City of, Clearwater. 15. Applicant(s) must agree to use the funds within the grant period specified on the grant application. REVIEW PROCESS: City staff will review all applications with recommendations submitted to the Commission for final approval. CITY OF CLEARWATER SPECIAL EVENTS GRANT FUNDING APPLICATION For Assistance Phone: (813) 462-6596 Print or type. if necessary, use additional sheets of paper to complete the application. 1. EVENT TITLE: 2. APPLICATION INFORMATION: Organization: Address: Contact person:_ Title: Telephone: (home) (work) (fax) Legal Name: Year of Incorporation or Date of Application Charter Number: Check if 50Ic3 Month and year organization was created: Describe the organization's major activities Describe event management experience: These attachments must be provided: A. Most recent Financial Statement B. Certification of non-profit status C. Letter(s) of Commitment for matching funds D. Listing of current Board of Directors E. Proposed Event Marketing plan F. Preliminary Application for Special Event, if applicable Signature Date Authorized Board Member The City of Clearwater reserves the rigl?t to reject or fund applicants at a level lower than requested. City of Clearwater Special Events Grant Funding Application Page 2 3. EVENT INFORMATION: A. Event Description and purpose: B. Primary Objective of the Event: C. Primary Benefits to the Citizens of Clearwater: D. Has this event been held in the past? yes no If so, when? Where? Why was it successful? How will these grant funds expand this event? E. Date(s) of planned event: F. Location(s) of planned event: G. Anticipated number of attendees: H. Target Audience (age group, ethnic diversity, geographic reach): I. Who will be managing this event and what are their qualifications (attach resume if applicable): 1. What other organizations will be involved in this event: K. How will profits from this event be used: 2 4 City of Clearwater Special Events Grant Funding Application Page 3 5. GRANT REQUEST (Funds) A. Amount of funding requested (not to exceed S 10,000): B, Describe in detail what these funds will be used for: Note. Exhibit I lists available City services. C. Date that the City funding will be needed 6. MATCHING FUNDS REQUIREMENT A. Describe in detail the source of matching funds which must be at least 50% of the grant request (in-kind and/or cash with a minimum of one-half in cash) and how the funds will be used: 7. ADDITIONAL INCOME / RESOURCES A. List any known or expected additional grants or sponsors and their contributions in support of this event: B. List all sources of anticipated event revenue: C. List volunteer resources 3 E1:.., .. . City of Clearwater Special Events Grants Funding Application Page 4 8. TOTAL EVENT BUDGET EXPENSES Item Cost Funding Source Total Cost Source INCOME Amount (Cash or In-kind) Total Income 4 i ' I . City of Clearwater Special Events Grants Funding Application Page 5 9. APPLICATION REVIEW PROCESS A. All applications will be reviewed by a City review committee. B. All applications will be reviewed for completeness including required attachments. C. All applications must be received on or before due date. D. All applications will be judged based on the following criteria: 1. Benefit to the Citizens / Public Impact 2. Program Management / Fiscal Responsibility 3. Event Quality E. Applicants may be contacted for additional information. 10. TIMELINE Call far Application and March 3 Pre-grant workshop 6:30 P.M. to 8:30 P.M. Commission Chambers Third Floor City Hall Application Due April 15, 1998 5:00 p.m. EST Review May 1, 1998 Recommendations to Management May 4,1998 Notification to Applicants May 5, 1998 Recommendation to Commission June, 1998 5 4 , a City of Clearwater Special Events Grant Funding Application Page 5 ll. APPLICATION PACKAGE A. Check list: Completed Application Form Most Recent Financial Statement Certification of Non-Profit Status Letter (s) of Commitment for matching funds Listing of current Board of Directors Proposed Event Marketing Plan Preliminary Application for Special Event, if applicable i B. Submit (8) copies to: i Jean Sherry City Manager's Office City of Clearwater 100 S. Osceola Ave. P.O. Box 4748 Clearwater, Florida 33758-4748 C. Application due no later than: April 15, 1998 5:00 EST 6 ¦ ,. City of Clearwater EVENT GRANT FUNDING JUDGING CRITERIA I. MANDATORY REQLZREMENTS Yes No PAGE • Financial statement 1 • Certification of non-profit status 1 • Proof of n:?Fiching funds / in-kind 1, • Board of E>--ectors I • Proposed Event Marketing Plan 1 • Submissioc on Deadline 5,6 • Completeness of application form 5,6 II. BENEFITS TO CITIZENS / PUBLIC IMPACT (up to 40 Points) • Extent of hcw many people, age groups, diversity, geographic area will 2 be drawn tc the event • Extent of gegraphic appeal (neighborhood, local, regional, beyond) 2 • Extent of charitable return to the community 2 • Extent of recirn to the business community 2 4 Comments: tI. PROGRAM NIANAGEhiENT/FISCAL RESPONSIBILITY • Previous e.Ypc-rience • Leadership c.1alifications • Financial stzbility • Proposed =n eting plan • Availability of resources (Volunteers / Sponsors, etc.) Comments: ' EVENT QUALITY • Purpose, goal and/or objectives of event • Appropriateness of location • Market demand / appeal • Logistical fe2m-bility • Uniqueness of event Comments: (up to 30 Points) 1,2 1,2 1,4 1,4 3,4 (up to 30 Points) 2 2 2 1,2,3 2 v ROUTEOF_EYENT: (if the event is a parade. run or walk, please describe route, attach map of route. describe formation and break-up areas, etc.) Will fees be charged to participants? If yes. amount Will fees be charged to spectators? If yes, amount S Will fees be charged to exhibitors? If yes. amount S How will monies be used? Estimated number of participants: Estimated number of spectators: Estimated number of needed parking spaces: TOILET FACILITIES: Number of portable toilets to be provided: Location of portable toilets: Other arrangements: MLUSTC N AMPLIFICATION: Will amplified music or sound be involved? Hours of play:. Will electricity be required? Who will provide? N01'Ec. _;:IF; AMPLIFIED :MUSIC; OR-: SOUND ..IS:''. INVOLVED;. A-."SOUND. PERMM,":-MUST, BE RECENIsD;.FROM THE ;CLEARW,ATER. POLICE. DEPAW MENT. ALSO,. AN "ELEC RT -U.` RN ON"=FEE' AY Sly REQUIRED::... Page 3 of 6 Are prizes to be given? Types of prizes; Will tents or canopies be used? If yes, give number. Sizes and locations: NOTE:-*.1F:,TENTS .OR CANOPIES ARE USED, "TENT PERMITS" MUST BE SECURED. FROM THE CPj'S CENTRAi:-'ERMITTING-DEPARTMENT. ' RUNNING ANDIOR WALKING EVENTS: Will event be conducted on streets? Will event be conducted on sidewalks? Time of assembly: Time event starts: Estimated time of finish; Portion of street required for parade units: Time assembly to begin: Time parade starts: Number of people in parade: Number of vehicles in parade: Number of animals in parade: Number of floats: Number of bands: Number of special units: NC?T11:.,SPONSOR-%VILL BE-REQUIRED TO PROVIDE FOR POLICE AND BARRICADE-"SERVICES FOR, EVENTS"..T iAT;REQUIRE ROAD CLOSURES. ALSO,. IN THE EVENT A' STATE - ROADa -t INVOLVED; .SPONSOR. =ST.'SECURE 'A "PERMIT" FROM THE FLORIDA DEPARTMENT;.!,OF TR NSPORTAtOjI..:IF.THE MEMORLAL CAUSEWAY BRIDGE IS INVOLVED, A PERMIT,MUST,RI SECUfRED FRAM THE LT:S:"CC3AST CUARD.. r<<<:'' FIREWORKS: Will fireworks be a part of the event? If yes, who is responsible for the display? Where will the fireworks be staged? Page 5 of 6 CITY OF CLEARWATER APPLICATION FOR SPECIAL EVENT QENERAL INS7RUs, TDQNS G amater One City. One Future. 1. Applications must be filed at least 15 days prior to event but not more than one year. Per Chapter 116, City of Clearwater Code of Ordinances, the 15 day period for City Manager review does not begin until the completed application with Certificate of Insurance ATTACHED has been submitted. (See insurance requirement below). 2. jnsurqnce: If the event involves more than 50 persons or vehicles, the Cite requires the applicant or the organization he/she represents, to have a liability insurance policy with limits of at least $500,000. Applicant must attach a Certificate of Insurance, covering all activities performed in accordance with this special event and listing the City of Clearwater as an "additional insured." Proof of insurance coverage in proper form must be submitted prior to date of the event. The City of Clearwater reserves the right to request to copy of the entire policy of insurance. NAME OF INSURANCE COMPANY: __ ADDRESS AND PHONE: _ NAME OF AGENT: ADDRESS AND PHONE: All vehicles participating in parades will have the minimum liability insurance as required by Florida Statutes, in force, and will provide proof of such insurance upon submission of application for parade. 3. APPLICANT AGREES TO PROVIDE A REPORT WITHIN FOUR (4) WEEKS SUBSEQUENT TO THE EVENT CONTAINING RECEIPTS, DISBURSEMENTS, NUMBER OF PARTICIPANTS, AND OTHER DATA INCLUDED ON THIS APPLICATION. 4. It is understood that no tokens, candy, or other articles are to be thrown from parade participants to spectators along the route. It is also to be understood that no fireworks or other explosion-type devices are to be used by parade participants along the route which may cause injury or danger to spectators or participants. 5. Applicant understands that knowingly providing false information on this application will automatically void the application and cancel the event. 6. Applicant further understands that at any time during the event, the Chief of Police or his representative, may order the termination of such event if it is in violation of any law or ordinance, or if it endangers the person or persons of participants or spectators, or if it threatens the peace and dignity of the community, or if it creates unmanageable problems for public safety officials whereby the proper execution of their duties is endangered. 7. Proof of Agency: If Applicant purports to represent an organization in submitting an Application for Special Event, Applicant, if applicable, must attach proof of agency or letter of authorization showing his/her authority to represent the organization names herein prior to approval of this application, Page I of 6 Please print. DATE OF APPLICATION: NAME OF EVENT: DATE(S) OF EVENT: ALTERNATE DATE(S) OF EVENT: LOCATION OF EVENT: HOURS OF EVENT: TYPE OF SPECIAL EVENT (Describe): APPLICANT: If an Organization: NAME: ADDRESS: PHONE: AUTHORIZED PERSON IN CHARGE: ADDRESS: PHONE (WORK & HOME): If an Individual: NAME: ADDRESS: PHONE (WORK & HOME): NQTE".' APPLICANT-MUSTI. -G HECK WrM !IT E CITY`S: CEN'IM. PERMIT`MN?-`.:..?:, ??:; .::?_':°;?;-.?;:::<? ; DE A THE 3T DE'?'ERMINE?J,k':A::PRt)tvIOTERS:?E}CCUPATIONA??LICEI?ISE IS ItE?UlItED:?.';?,?:=?: Page 2 of 6 RQUIE-QE EVENT: (if the event is a parade, run or walk, please describe route, attach map of route, describe formation and break-up areas, etc.) Will fees be charged to participants? If yes, amount Will fees be charged to spectators? If yes, amount S Will fees be charged to exhibitors? If yes, amount $ How will monies be used? Estimated number of participants: Estimated number of spectators: Estimated number of needed parking spaces: Number of portable toilets to be provided: Location of portable toilets: Other arrangements: Will amplified music or sound be involved? Hours of play: Will electricity be required? Who will provide? NOTE k' ;AN IED.: `:MUSIC : OR's:SOUND,JS .:, INVOLVED, A, ; "SOUND: PERM r--7-= S, RLCEIVD FROM T:CLEARWATER FQLICE .DEPARTMEN'T ALSO, AN "`EC'i'TCAG'TtxRN Page 3 of 6 Who will provide for trash receptacles, bags, and clean-up after the event? Will food and beverage be served during the event? Who will dispense? Will refreshments be sold or given away? If sold, how will monies be used? Will electricity be required? Who will provide? OTHER SALE ITEMS: Will other items be sold during the event? Who will sell? How will monies be used? NOTE. -IF.-FOOD, BEVERAGES, .OR OTHER ITEMS ARE SOLD, THE EVENT. SPONSOR..°UUST SECURE,APPROPRIATE."OCCUPATIONAL LICENSES"-FROM THE CITY'S CENTRAL?PERNITTTING DEPARTMENT: °At fiO :FQR FOOD; =i`"E PINELLA5 COUNTY HEALTH DEPARTMENT AT :49-flp AND/ORTHE DEPARTMENT. BUSINESS'REGULATION AT 272.2200 MUST BE Will signs, banners, balloons, etc, be used either before or during the event? If yes, explain or describe each and give location: Will the City seal be used for this event? NOTE: - `,ACCORDING..TO.,'.ORDINANCE : NO.; .6968!96 AND RESOLUTION; 98.0$; .:,W4]TMN PERMISSION. MUST BE .OBTAINED .FROM' :THE'.CITY. MANAGER. TO' ",:..Mk4UFA0tt=s':;USE, DISPLAY,: 0R ,oT1U. RVVISE.. wwy TN:ANX. MANN>?ft .OR::FOR ANY PURPCISE; WHATSOEVER THE SEAL OF THI cay OR ANC FACSIMILE'OR REPRODUC'T'ION THEREOF." Page 4 of 6 PRIZES: Are prizes to be given? TENTS, OR, CANOPIES: Will tents or canopies be used? Types of prizes. If yes. give number. sizes and locations: NOTE ; `:IF--TENTS OWCANOPIES ARE USED, "TENT. PERMITS" MUST BE -SECURED FROM THE Cl'I'Y'S.CENTRAL'PERMITFING DEPARTMENTr::' . ' RUNNING AN-D OR WALKING EVENTS: Will event be conducted on streets? Will event be conducted on sidewalks? Time of assembly: Time event starts: Estimated time of finish: Portion of street required for parade units: Time assembly to begin: Time parade starts: Number of people in parade: Number of vehicles in parade: Number of animals in parade: Number of floats: Number of bands: Number of special units: NOTE::SPONSORWILL :BE REQUIRED TO.PROVIDE.FOR POLICE AND.BARRICADE SERVICES F0A,EVENTS::THAT -REQUIRE :ROAD ?CLUSURES..: ALSO,. IN THE EVENT..A` STATE $OAUIs INVOLVEDi::SPONSOR ...MUST. SECURE. A.:"PERMIT TROM .THE. FLORIDA :.DFPARTMENT .OF TRANSPORTAT>EON - IF:.THE.MEMORML-.CAUSEWAY.BRIDGE IS INV: LVED,;APERMIT;MUST;$1 18tddkTD-FRb?&THE U:S. COAST GUARD: FIREWORKS: Will fireworks be a part of the event? if yes, who is responsible for the display? _ Where will the fireworks be staged? Page 5 of 6 What time will the display begin? NOTE: A "PERMIT' FROM THE CLEARWATER FIRE MARSHAL'S OFFICE IS REQUIRED PRIOR TO ANY FIREWORKS DISPLAY. ALSO, IF SHOT OVER WATER, OR IF WATERFRONT FACILITTES ARE USED, PERNUSSION IS NEEDED FROM THE U.S. COAST GUARD. Will private security be provided for equipment? If yes, name of company: _ NOTE:"'- IF CITY:;'SERVICES': ARE:'.REQUIRED'TO SUPPORT ACTIVITMS..INCLUDED IN =S APPLICATION"FEES WILT XiE PAYABLE. I hereby certify that I have read this application and that all information contained herein is true and correct to the best of my knowledge, information and belief. I agree to comply with all Statutes, County and City Ordinances, and the general instructions stated in this application and the special conditions issued by the City in connection with the approval of the Special Event contemplated herein; that I, and the organization on whose behalf I make this application, if any, represent, stipulate, contract and agree that we will, jointly and severally, defend, indemnify, save and hold the City harmless from any and all claims, lawsuits, judgments, and liability for death, personal injury, bodily injury, or property damage arising directly or indirectly from the exercise of the Special Event Permit and performance of the Special Event by Applicant, the organization represented by Applicant, its employees, subcontractors, or assigns, including acknowledges that he/she, together with any organization represented by Applicant, shall be solely responsible by complying with the terms of the Permit. I further understand that failure to comply with any of the provisions specked herein may result in immediate cancellation of this event by City officials. Signature of Applicant (Applicant must be 18 years of age or older) Date If any questions, please contact Steve Miller, Recreation Programming Superintendent at 562.9605 or Terry Schmidt, Sports & Special Events Manager. 562.4804. Upon completion, please return to the following: Mr. Steve Miller, Chairman, Special Events Committee Parks and Recreation Department City of Clearwater P.O. Box 4748 Clearwater, FL 33758 original to bo ratained by the City of Cioarwater's Parks and Recreation Department in accordance with City and State Records Managernont Procedures. S.'.Fornu' 1800.0170AppbeauonforSpeetalEvent.doc Rerued 1112198 Page 6 of 6 Cl t SPECIAL EVENTS CHE earwa er CKLIST 6 NOTE: Approval of your event is conditioned on your satisfying the items circled below. IF YOUR EVENT INCLUDES: THEN YOU WILL NEED: 1. More than 50 persons or vehicles or fewer where Liability insurance coverage in a minimum amount of risk is involved. $500,000, naming the Ci as "additional insured." 2. Food and/or beverages Approval from the Pinellas County Health Dept. (Call 724.1451) - AND/OR Dept. Of Business Regulation Call 272-2200 3. Erection of tents Tent permits from the City's Central Permitting Dept. for tents far er than 20 x 20 only) Call 562-4585 Steve Dohe 4. Erection of bleachers A Building Permit from the City's Central Permitting Dept. Call 562-2561, Steve Sarno S. Sale of merchandise, food, arts & crafts, etc. Occupational licenses from the City's Central Permitting Dept. LC 11562-2572, Janet McMahan 6. Private promotion Promoter's license from City's Central Permitting Dept. Call 562-2572, Janet McMahan 7. Traffic, security, crowd control issues Police services from the City of Clearwater Police Dept. Call 562A161 Lt. Bob Repp) 8. First aid & advanced life support Call Fire Department Jim Fogarty, 462.6235 9. Electrical services Approval and coordination with City's Electrical Supervisor Call 462-6566, Jeff Voss 10. Amplified sound A sound permit from the City of Clearwater Police Dept. Call 562-4161, Lt. Bob R 11. Use of Coachman Park Bandshell Application and lease to rent bandshell from the Parks and Recreation Dept. Call 562-4831, Ton a Bonds 12. Special Event arrangements on Clearwater Beach Approval and coordination with City Harbormaster (Call 462-6954, Bill Held 13. Event arrangements on "SAND" of Clearwater Apply for permit from Fla. Dept. of Environmental Beach Protection Call 1-941.361-6178, Steve West 14. Portable toilet facilities Arran a to rent portable toilets from private company. 15. Closure of road Approval from City of Clearwater Police Dept. (562- 4161) and Public Works Administration (5624750, Tracey Bruch), Permit and approval from State Road Dept. if it is a State Road, and barricades from a private com an . 16. Debris remaining on City properties Clean up by Parks Division (Call 462-6139, City Parks Dent.) 17. Closure of sidewalk Approval from Police Dept. (Call 562-4161) and Public Works Administration 562-4750 Tract Bruch. 18. Special parking arrangements Approval and coordination with Public Works Administration 5624750, Trace Bruch. 19. Placement of banner at standard location on Application and approval from City's Central Permitting, ba front Dept. Call 5624582 20. Fireworks Fireworks permit from Clearwater Fire Marshall's Office (Call 562-4334) and approval from US Coast Guard Call 596-8666 if over water. 21. Closelopen Memorial Causeway bridge Coordination and approval from US Coast Guard (Call 596-8666 and Ci Harbormaster Call 462-6954 NOTE. POST SPECML EVENT REPORT TO BE SUBMITTED WITHIN 4 WEEKS FOLLOWING EVENT. For overall questions on satisfying these requirements, you may contact Terry Schmidt of S62-4804 S.-Fornu11600-117M Chem!isrjor5peclalrvenr.docirev*td2Q2Rd SAMPLE CITY OF CLEARWATER SPECIAL EVENTS GRANT FUNDING APPLICATION For Assistance Phone: (813) 462-6596 Print or type. If necessary, use additional sheets of paper to complete the application 1. EVENT TITLE: Clearwater Arts Celebration 2. APPLICATION INFORMATION: Organization: Greater Clearwater' Public Library Foundation, Inc. Address: 100 Forth Osceola Avenue Clearwater, FL 33755 Contact person: Jane Smith Title: Director of Development_ Telephone: 238-5542 462-2810 462-2800 (home) (work) (fax) Legal Name: Same as above Year of Incorporation 1986 or Date of Application Charter Number: N02613 Check if 501c3 x Month and year organization was created: 1986 Describe the organization's major activities The Foundation provides. library services. programs and collections beyond those provided_by_thetraditional tax base funding of the Clearwater Public Library System. These activities enhance the cultural and educational environment of the Clearwater Community. Describe event management experience: For the paast_ five years, _we have organized a successful yearly fundraising rare book and collectibles auction These attachments must be provided: A. Most recent Financial Statement B. Certification of non-profit status C. Letter(s) of Commitment for matching funds D. Listing of current Board of Directors E. Proposed Event Marketing plan F. Preliminary Application for Special Event, if applicable Signature Date Authorized Board Member The City of Clearwater reserves the right to reject or fund applicants at a level lower than requested. City of Clearwater Special Events Grant Funding Application Page 2 3. EVENT INFORMATION: A. Event Description and purpose: The Clearwater Arts celebration will be a day-long. event in Coachman Park that features a variety of arts and crafts sales and demonstrations, as well as musical performances children's art activiites and food vendors. B. Primary Objective of the Event: To rovide families with the opportunity to_ spend quality timether_while_ e-njoy-ing e2S2osuretp arts. crafts and music. C. Primary Benefits to the Citizens of Clearwater: It provides a cultural event in the downtown area of Clearwater, where there are currently few such events. It is free and there are act family to enjoy in a beautiful outdoor setting. D. Has this event been held in the past? yes x no If so, when? Where? Why was it successful? How will these grant funds expand this event? E. Date(s) of planned event: November 7 t 1998 F. Location(s) of planned event: _ Cnanhman Park . G. Anticipated number of attendees; 31000- - H. Target Audience (age group, ethnic diversity, geographic reach): All age and ethnic groups, with a focus on families. who reside in Clearwater and surrounding communities throughout the Tampa Bay area 1. Who will be managing this event and what are their qualifications (attach resume ifapplicable): sane Smith, Director of Development. She has five Years fundraising experience, including s ecial event se see attached resume. J. What other organizations will be involved in this event: Clearwater womens Club: Friends of the Library K. How will profits from this event be used: To support library programs and services City of Clearwater Special Events Grant Funding Application Page 3 5. GRANT REQUEST (Funds) A. Amount of funding requested (not to exceed S 10,000): $10 000 B. Describe in detail what these funds will be used for. Note: Exlu'bit I 'ts available City services. The grant will be used to su port the fees for local musicians and craft demonstrators. In addition the grant will cover rental of the bandsheil:. in Coachman Park associated utility fees and the rental of tents, tables and chairs for the event. C. Date that the City funding will be needed Oct. 1,'1998 6. MATCHING FUNDS REQUIREMENT A. Describe in detail the source of matching funds which must be at least 50% of the grant guest (in-kind and/or cash with a minimum of one-half in cash) and how the funds will be used: A cash match of $2,000 from Outback Steakhouse and $3,000 from Citizens Bank and Trust will be used to market _the_event through newspapers, radio, TV, posters and T-shirts. 7. ADDITIONAL INCOME I RESOURCES A. List any known or expected additional grants or sponsars and their contributions in support of this event: media sponsorship requests have been submitted to the St. Pete Times and Time Warner Communications ~ B. List all sources of anticipated event revenue: Crafters booth rental fees Portion of food vendor revenues C. List volunteer resources Volunteers from the Clearwater Womens Club and the Friends of the Library will contribute approximately 50 hours of time to the revent.? - City of Clearwater Special Events Grants Funding Application Page 4 8. TOTAL EVENT BUDGET EXPENSES Item Cost musician fees $ 1,200 craft demo fees 600 bandshell . rental 100 utilities 10 hrs@10 per 100 tables, tents, chairs 11000 childrens art supplies 1,000 equipment rental 0 -City sound technicians 60 City clean-up 60 Portolets 250 Si na e Printing Marketing Total Cost 550 500 5,000 $16,500 INCOME Source craft exhibitor rental fees estimated food vendor revenues City grant -Corporate Sponsors Total Income Funding Source City grant e, to Applicant cash ?r n Co orate Sponsors Amount (Cash or In-kind) $ 875 625 10,000 5,000 $16,500 I 1 22.56 CLEAItwATF-ft CODE dint, in conjunction with any other substance or compound, may explode, discharge, or burn. (Code 1980, § 116.78) Sec. 22.57. Intoxicating substances. No person under the influence of alcohol or il• legal drugs will be permitted entry to park prop- erties and any person so doing, if discdvered therein, will be subject to immediate expulsion and/or suspension. (Code 1980, § 116.88) Cross reference-Alcoholic bcvernges generally, ch. 6; of renses generally, ch. 21. Sec. 22.58. Gambling, No person shall conduct raffles, bingo games, card games for money or drawings far prizes or participate in any other forms of gambling within pnrk areas unless permitted by state law and au- thorized. (Code 1980, § 116.83) Cross reference-Offenses generally, ch. 21. ARTICLE III. SPECIAL EVENTS' DIVISION 1. GENERALLY Sec. 22.71. Title of article. This article shall be known and may be cited as the "special events code" of the city. (Code 1980, § 116.30) Sec. 22.72. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings as- cribed to them in this section, except where the context clearly indicates a different meaning: Bloch party means a gathering composed sub- sl.antially of neighbors in a residential area which requires the closing of a local street for the pur• pose of raving a party or other social, recreational or any other type of assemblage. .Special event means any meeting; activity; pn• rade; gathering; group of persons, animals, or ve. hicles; or a combination thereof, having a common •Cror+ reference--Amtirementa genernlly, ch. 7. purpose, design or goal, upon any public street, sidewalk, alley, park, beach or other public place or building, which special event substantially in. hibits the usual flow of pedestrian or vehicular travel or which occupies any public area or building which results in preemptive use by the general public or which deviates from the estab- lished use. The term "special event" shall not be construed to include a block party. (Code 1980, § 116.31) Cross reference-bernitions and rules ofconstrvction gen. erally, 11.02. DIVISION 2. PERMIT Sec. 22.81. Required. No person shall engage in, participate in, aid, form or start any special event, unless a special event permit shall have been obtained from the city manager. (Code 1980, § 116.33) Sec. 22.82. Application, (1) A person seeking issuance of a special event permit shall file an application with the city man. ager on forms provided by the city. (2) An application for a special event permit shall be filed with-the city manager not leas than 15 days and not more than 12 months before the proposed special event date. (3) The application for a special event permit shall include the following information: (a) The name, date of birth, address and tele. phone number of the person seeking to con. duct such special event; (b) The purpose of the special event; (c) If the special event is proposed to be con. ducted far, on behalf of, or by an organiza• Lion, the names, addresses and telephone numbers of the headquarters of the organi. zation and of the authorized and respon• sible heads of such organization; (d) The ultimate use of net proceeds from the special event; O.-C tY? ?- r+nT, era t CD22:10 S F .4 1 PARKS, REACHES. RECREATION Dti (e) The name, address and telephone number of the person who will be responsible for conducting the special event; M. The dates when the special event is to be conducted, the hours of such event and the location; (g) The estimated number of participants or those otherwise attending, and the esti- mated number of vehicles participating or parking near the event. If the event is a parade, the estimated number bf units in each category, such as band, marching units, floats, cars, etc.; (h) The number, type, location and provision for toilet facilities during the event; M A statement describing what portion of any street will be occupied by the event; 0) Whether any music will be provided, the hours of duration and location of such bands or loudspeakers, along with the numbers and types of such amplifiers or other such devices; (k) Location of assembly and disbandment areas for the event and proposed time of assembly and disbandment; 0) Provisions for cleanup after the conclusion of the special event; (m) Provisions, if any, for security, traffic con. trol and crowd control; (n) Intent to have food and drinks and whether or not such food or drinks will be sold or otherwise dispersed, who wi11 be supplying such food or drinks, and who will receive the funds obtained from the sale of such food and drinks; (o) Provisions for any needed electric power; (p) Whether admission fees will be charged or prizes given and the dollar amounts in- volved; 122.93 cover the assembly area in addition to the parade route. If vehicles are to be used in a -parade, proof of vehicle liability insurance must be provided by the owners of such ve- hicles. (4) The applicant shall agree to provide a re- port within four weeks subsequent to the event con taining receipts, disbursements, numberof par. ticipants, and other data included on the applica. tion. (5) The city manager shall waive the requim- ments of insurance contained in subsection (3)(q) of this section where the applicant presents evi- dence of financial disability or inability to obtain an insurance company that will provide the in- surance. Financial disability shall mean lack of present funds with which to pay the premium as- sociated with the policy of insurance described in this section. (Code 1980, 6 116.34; Ord. No. 5353.93, § 1, 4.15.93) Sea. 22.83. Conditions. Permits issued pursuant to this division shall be subject to the following conditions: (1) A permit may be revoked upon discovery by the city manager that any of the condi. tions set forth in section 22.85 exist. . (2) Special events may only be approved for daylight hours except in areas possessing ?Y -,--appropriate artificial ii Q,I ( )3 No special event shall be approved for the city's beach areas on a holiday weekend. (4) The chief of police may stop a special event where a breach of the peace is occurring or an activity in the nature of a riot has oc- curred. (q) Provision of a policy of liability insurance where the special event involves more than 50 persons or vehicles, naming the city as an insured iri the amount of $500,600.00. In the case of parades, the insurance will Supp. No. 1 CD22:11 (5) The public forum area is to be left clean and undamaged following any special event. (6) The city manager shall have the authority to restrict, limit or prohibit the use or con- struction of platforms, chairs, or other equipment if he finds that their use would result in damage to city property or consti- tute a hazard to safety or would block or r . , .r r PARKS, BEACHES. RECREATION (g) The chief of police has factual knowledge that the applicant or sponsoring group spe- cifically intends to cause or create immi- nent lawless actions in connection with the special event. Anticipated violence on the part of persons unassociated with the ap- plicant or sponsoring group shall not be con- sidered. (2) Where denial occurs by reason of the condi- tions set forth in subsections (1)(c) through (i) of this section, the city manager shall inform the applicant of the existence of a reasonable equiva- lent site, if available and uncommitted, which shall be held for the applicant for a period of five business days, pending reapplication by the appli- cant for the alternate site. (3) Nothing contained in this section shall permit the city manager to deny a permit based upon political or religious grounds or reasons. (Code 1980, § 116.35) Sec, 22.86. Appeal of denial. (1) An applicant denied a permit required by this article may appeal the decision of the city manager to the city commission by filing a written notice of appeal with the office of the city man- ager within five business days of the mailing of the decision of the city manager denying the permit. (2) Such appeal shall be heard and decided by the city commission within seven days of the Cling of the appeal. The applicant shall be notified 24 hours before the hearing. Such applicant may ap- pear at the hearing in person and be represented by counsel. Evidence on the applicant's behalf may be presented at such hearing. The city manager shall state his reasons for denying the permit and shall provide any other evidence supporting such denial. The city commission shall have authority by a vote of a mAjority of its members to affirm, reverse or modify the decision of the city man- ager. Such decision shall be in writing and con- tain the reasons therefor. The decision in written form shall be mailed to the applicant within ten days of the filing of the appeal- Failure of the city commission to decide the case within seven days, 122.87 or mail its decision within ten days, shall operate as an automatic reversal of the city manager. (Code 1980, § 116.37) Sec. 22.87. Revocation. The city manager shall have the authority to revoke a special event permit issued pursuant to this division upon violation of the standards for issuance prescribed in this division. During the event, the chief of police shall have the authority to order a ceasing of the event should the contin- uance of such event contribute to public disorder or endanger life or property or he finds that the application was fraudulent in any manner. (Code 1980, § 116.39) CD22:13 Additional Information was provided with this item (#25) See Official Records Reports/Studies 4 i Item #2.6 i i i S i 1 i z ?4? r - Clearwater City Commission w?si°w-f?ra,s"v' 9qw r? fw5 Agenda Cover Memorandum Final Agenda Item N Meeting Date: ' SUBJECT/RECOMMENDATION: Island Estates Reclaimed Water System Contract No. 1, Change Order No. 2; Approve Change Order No. 2 to the Island Estates Reclaimed Water Transmission and Distribution System, Contract No. 1 (97-10) to Kimmins Contracting Corporation of Tampa, Florida, decreasing the Contract by ($274,449.16) for a new contract total of $3,377,165.86. Approve Change Order No. 1 to the Island Estates Reclaimed Water System, Pumping Station and Storage Tank, Contract No. 2 (97-15) to Wharton-Smith Inc., of Lake Monroe, FL increasing the Contract by $87,049.00 for a new contract total of $2,499,049.00, and approve a time extension of 34 calendar days, D and that the appropriate officials be authorized to execute same. SUMMARY: • Contract No. 1, (97-10) Change Order No. 2, Island Estates Reclaimed Water Transmission and Distribution System has been prepared to reduce portions of the contract items to reflect the actual quantities used to complete the project. • Contract No. 2, (97-15), to construct the Island Estates Reclaimed Water Storage Tank and Pumping Stations was awarded to Wharton-Smith, Inc. on April 17, 1997 by the Clearwater City Commission for a total contract price of $2,412,000.00. • A Change Order is necessary to advance the construction process. A brief description of the Change Order Work is detailed on the following page. The Landscaping work is being deleted from the Contract and will be performed by the City Parks Department. • The revised Substantial Completion date for Contract No. 2 will be June 26, 1998 with a total completion date of August 30, 1998. • Construction Cost Summary by Contract: Contract No. 1 (97-10) Contract No. 2 97-15 Original Hid Amount: $3,658,295.00 $2,412,000.00 C.O. No. 1= ($6,679.98) $87,049.00 C.O. Na_ 2= ($274.449.16) ------ - ----- Revised Contract Amount $3,377,165.86 $2,499,049.00 Net Reduction of Combined Contract No.'s 1 and 2 is ($194,080.14). Change Orders available for review in City Clerk Department Reviewed by: Originating Dept: Costs ($187,400,16 Legal 42e_`1 Info Srvc NSA PUBLIC WORKS ADMINIS RATION Total Budget P Public Works i User Dept. Funding Source: Purchasing DCMIACM PUBLIC SERVICES1W KE Current CI FY Risk Mgmt NIA Other Attachments OP Othr Submitted by: Appropriation Code: 13 City Manager None 315-96739-663800-533-000 Printed an recvcled nnner Rev. 2138 Page 2 Contract No. 1 97-10 Change Order No. 2 provides a decrease and previously approved Change Order No Contract No. 2 97-15 a? in the Contract Amount due to the balancing of the original bid items 1 items to reflect the actual quantities used to complete the project, DEBRIS UNDER PROPOSED PAVEMENT AREAS. Due to the large quantity of debris under the proposed parking areas and the new roadway, the Contractor had to remove the debris, install a Mirafi 50OX geotextile fabric with an 18" thickness of compacted limerock base in order to stabilize the entire pavement limits $56,944.00, REMOVAL AND DISPOSAL OF CONTAMINATED SOIL AND UNSUITABLE MATERIALS During the relocation of the existing 54" RCP storm sewer around the east-side of the new Reclaimed Water Storage Tank, the Contractor had to treat and remove contaminated soil as well as unsuitable materials. This cost includes the installation of a air stripping tower, temporary diesel generator as well as importing clean fill materials $79,428.00. FURNISH AND INSTALL 36" GALVANIZED STEEL SLEEVE. During the construction of the 30" ductile iron pipeline that passes through the new screen wall, the Contractor had to purchase and install a 36" galvanized steel sleeve $677.00. CALENDAR DAYTIME EXTENSION. A time extension of 34 calendar days is required for the additional work added by this Change Order No. 1. The revised substantial completion date is June 26, 1998 and the total completion date is now August 30, 1998. DELETE ORIGINAL BID ITEM NO. 14 - LANDSCAPING The City has decided to complete the Landscaping at the site. This includes preparation of the landscaping areas, all landscaping materials, including trees, shrubs, mulch beds, aluminum edging, weed barrier fabric, sod, and seed, including the sand grown sod in the stormwater detention pond, Credit and/or decrease to the City is ($50,000.00). FUNDS AVAILABLE Capital Improvements Project 97-10 and 97-15, IS 120795 , Island Estates Reclaimed Water Transmission and Distribution, and the Storage Tank and Pumping Stations have available funding for the decreased amount of ($187,400.16). CHANCE ORDER: No. 1 DATE March ?_7 1998 PROJECT: Island Estates Reclaimed Water Systems, PROJECT NO: _97-1.5 - IS120795 Pumping Stations and Storage Tank, Contract No, 2 CONTRACTOR: Wharton-Smith Inc. DATE OF CONTRACT: June 19. 1997 750 County Road 15 Lake Monroe, FL 32747-1028 BUDGET CODE: 315-96738-563800-533-000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT SEE ATTACHED SHEET FOR EXHIBITS AND DESCRIPTION OF NEW WORK APPROVE TIME EXTENSION OF AN ADDITIONAL 34 DAYS (See Attached Exhibit with revised Completion dates) STATEMENT OF CONTRACT AMOUNT ACCEPTED BY: Original Contract $2,412,000.00 Change Order No. 1 $87,049.00 New Contract Amount $2,499,049.00 Rita Garvey Mayor-Commissioner porated Wha=z'?(Seal) By: George E. ith, President Date:l John C. Carassas, Asst. City Attorney (Approved as to form and correctness) ATTEST: Cynthia E. Goudeau, City Clerk Date: CITY OF CLEARWATER, in PINELLAS COUNTY, FLORIDA ESSES: JovM A. Lunsford Rezp,Kia E. Blackmon Recommended by Engineering Consultant McKim & Creed Engineers, P. A. Lee, P.;,,, Senior Proj-ect Manager hVrd J. Bai.er, P.E. tic Wor s Administrator Michael J. Roberto, City Manager Page 2 Exhibit Item No. 1 Due to the large quantity of debris encountered under the proposed parking areas as well as the north/south roadway, the Contractor was directed to remove the debris to a point twenty (20) inches below the finished pavement elevation, install a geotextile fabric using "Mirafi 500X", construct an eighteen (18) inch thickness of compacted limerock base and place the original bid two (2) inches of PC-3 asphaltic concrete surface course. Included with this work is a twenty-four (24) calendar day time extension necessary to complete the new work. The lump sum cost for the excavation, haul and dispose of the removed debris, placement of the geotextile fabric and the 18 inches of compacted limerock is: Lump Sum = $56,944.00 Exhibit Item No. 2* During the relocation of 258 linear feet of the existing 54-inch RCP storm sewer around the east-side of the new 5 million gallon reclaimed water storage tank, the Contractor encountered contaminated soil as well as unsuitable materials that had to be removed and disposed of off the site. This required the installation of an air stripping tower, temporary diesel generator, and also the importing of 1,335 cubic yards of clean fill materials at $17.00 per cubic yard. Included with the work is a ten (10) calendar day time extension necessary to complete the work. The total cost for this added work is: Lump-Su m = $79,428.00 Exhibit Item No. 3* During the construction of the project, it was determined that one (1) 36-inch galvanized steel sleeve was required at the location where the proposed 30-inch ductile iron pipeline passes through the new screen wall at the southeast corner of the new High Service Pump Station. Lump Sum = $677.00 Exhibit Item No. 4 "ADJUSTMENT OF CONTRACT TIME" The following provides a summary of the contract completion dates based on the new work described above: Contract Agreement Date - June 19, 1997 Notice to Proceed Date -,July 28, 1997 Substantial Completion Date - May 23, 1998 (300 days) Total Completion Date - July 27,_1998.365 days) "Revised" Substantial Completion Date -June 26, 1998 334 days) "Revised" Total Completion Date - August 30-1998 (399 days) i ("Denotes Construction Work Completed.} Page 3 Exhibit Item No. 5 The original Bid Item No. 14 Landscaping, is being deleted from the Contract. This includes the preparation of the landscaping areas, landscaping materials, furnish and installing trees, shrubs, mulch beds, aluminum edging, weed barrier fabric, sodding and seeding including the sand grown sod in the' stormwater detention pond, All of this work shall be completed by the City Parks Department. Lump Sum = ($50,000.00) SUMMARY OF CONSTRUCTION COSTS: Original Contract Bid Amount = $2,412,000.00 Exihibit Items #1. thru #4 W $137,049.00 Exhibit Item #5 = ($50,000.00) Revised Contract Amount By This Change Order No. 1= $2,499,049.00 CHANGE ORDER: No. 2 PROJECT: Island Estates Reclaimed Water Systems, Transmission and Distribution System Contract No. 1 - City Project No. 18120795 DATE Aril 20 1998 PROJECT NO: 97-10 CONTRACTOR: Kimmins Contracting Corporation DATE OF CONTRACT: April-17,1997 1501 Second Avenue Tampa, Florida 33605 BUDGET CODE: 315-96739-563800-533-000 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT SEE ATTACHED SHEET FOR OVERAGE AND UNDERAGES, INCLUDING NEW ITEMS. STATEMENT OF CONTRACT AMOUNT Original Contract $3,658,295.00 Change Order No. 1 ($6,679.98) 6 Change Order No. 2 ($274,449.1 New Contract Amount $3,377,165.86 Rita Garvey, Mayor-Commissioner John C. Cavassas, Asst. City Attorney (Approved as to form and correctness) ATTEST: ACCEPTED BY: KIMMINS C NI By: t `? Joh V. 'Simi Date: WITNESSES: NG CORPORATION Jr..,President /3 / Colie n M. A rice R.,Ocampo Cynthia E.Goudeau, City Clerk Date: Recommended by Engineering Consultant CITY OF CLEARWATER, in McKim & Cur d Engineers, P. A. PINELLAS COUNTY, FLORIDA . Str e , P.E enior Project Manager Michael J. Roberto, City Manager R' hard J. Bier, P,E, l.i.c Works Administrator Page 2 Change Order No. 2- Island Estates Reclaimed Water System, Transmission and Distribution System, Contract No. 1 - City Project No. IS120795 Overages (New Items) Reclaimed Water System 1. Install a City furnished 8" gate valve and valve box at the end of the 8" PVC reclaimed water main located at the Southwest corner of Mandalay Avenue and Baymont Street, 2. Additional cost encountered due to bore and lack crossing under Pier 60 Drive at Poinsettia being approximately four (4) foot deeper than anticipated; This was required to pass under an existing Florida Power concrete duct bank, which created extensive dewatering, excavation, shoring and back fill. 3. At the location where the 12" reclaimed water main was to be installed, the contractor had to remove and haul off the site, 8" to 10" of existing asphalt that was on top of 4" to 6" of concrete pavement on Mandalay Avenue, north of Baymont Street. 387 sq. yds. @ $6.00Isq.yd. Overages (Original Bid Items 26. Jack and Bore using 20" steel casing across Mandalay Avenue 5 LF @ $176.5011-F Total Increase Underage: 10rigiina_I Bid Items and Change Order No. 1 Items) 3. 16" Reclaimed DI waterline (open cut) 4. 12" Reclaimed DI waterline (open cut) 8. 16" Gate Valves 9. 12" Gate Valves 10, Polyethylene Encasement 11. Compact DI Fittings (Transmission) 16. Automatic Air Release Valve Assembly 18. Fire Hydrant Assembly 19. Concrete Driveway Replacement 21. Concrete Curb Replacement 22. Asphalt Patch 35. Root Pruning of Trees 178LF @ $34.OOLF 586LF @ $25.OOLF 1 each @ $3,500.00 each 7 each @ $1,075.00 each 1,978LF @ $0,42 LF 10.75 Ton @ $5,000.00 ton 1 each @ $350.00 each 1 each @ $2,250.00 each 1,971.30 sq. yds @ $26.00 sq. yd. 9,986.14 LF @ $13.75 LF 4,670 sq. yds. @ $17.00 sq. yd. 200 LF. @ $2.50. LF C.O. #1 (76-1) Mob. 40' Casing (-) C.O. #1 (77-2) Mob. 40' Casing (+) C.O #1 (78-3) 10" SDR-17 Casing C.O. #1 (79-4) Labor, 1-112" Saddles C.O.- #1 (91-73) Fll 1-112" HDPE Potable Water Service 2 each @ $750,00 each 3 each @ $1,275.00 each 310 LF @ $85.00 LF 73 each @ $12.00 each 2,225 LF @ $2.50 LF $254.82 $7,566.00 $2,322.00 $882.50 $11 025.32 ($6,052.00) ($14,650.00) ($3,500.00) ($7,525.00) ($830.76) ($53,750.00) ($350.00) ($2,250.00) ($51,253.80) ($27,309.42) ($79,390.00) ($500.04) ($1,500.00) ($3,825.00) ($26,350.00) ($876.00) ($5,562.50) Total Decrease = ($285,474.48) . Page 3 ' . SUMMARY OF CONSTRUCTION COSTS: Original Contract Bid Amount = $3,658,295.00 Previously Approved C.O. #1 = (16,679,98) Subtotal= $3,651,615.02 Net Over-run = $11,025.32 Total Under-run = ($285,474.48) Net a uals under-run of = J$274,449.16) New Contract Amount by this'Change Order No. 2 = .$3,377,165.86 f t i SEA "?4 r Clearwater City Commission PW (42 Agenda Cover Memorandum Final Agenda Item N Meeting Date: 6/41913 SUBJECT/RECOMMENDATION: Approve the Consultant Selection Committee's recommendation to retain Camp Dresser & McKee, Inc., King Engineering Associates, Inc., Parsons Engineering Science, Inc., Tampa Bay Engineering, Inc., and Wade Trim, Inc., as additional City Engineers of Record. ? and that the a ro riate officials be authorized to execute same. SUMMARY: • The City currently has one Engineer of Record, Post Buckley Schuh & Jernigan, Inc. This contract extends until May, 2000. Due to the diversity of anticipated upcoming project types required to implement One City One Future, staff determined that an additional Engineer (s) of Record is necessary to make the best expertise and talent available for City use. Typical projects will require architectural, landscape, stormwater, utility, structural, and grant writing areas of expertise, among others. • The Selection Committee "short-listed" the five recommended firms, each of which then made oral presentations to the committee. The committee consisted of representatives from the City Manager's office, Public Works Administration, Finance, and Parks & Recreation. Rating factors included the approach to project services, staffing plan, sub-consultants, quality assurance, and prior experience. The ranking was as follows: 1) Tampa Bay Engineering 2) Parsons 3) King Engineering 4) Wade Trim 5) Camp Dresser & McKee. It is the committee's recommendation, based on the oral presentations, that all five (5) firms be retained as Engineers of Record. • Upon the City Commission's approval of the committee's recommendation, contracts will be negotiated with each firm and brought forward for Commission approval. Reviewed by,. Originating Dept: ) i ? i k Ad i i W Costs NIA Legal Info Srvc NIA on or s m n t Publ c Total Budget NIA Public Works User Dept. 4 Funding Source: Purchasing NIA DCMIACM 1ration Public Works Admi Current FY CI Risk Mgmt NIA Other Attachments OP One Other Submitted by: City Manager 14 None A ro riation Code: NIA o,t„t,td nn reevalad nahar Rev. 2198 Rankina of Englneerof Record 1, i ENGINEER OF RECORD ORAL PRESENTATIONS Camp King Parsons Tampa Bay Wade-Trim, Dresser & Engineering Engineering Engineering Inc. McKee Combined 24 12 10 s Is Points Ranking 5 3 2 1 T 4 Rankings - I Best - 5 Worst _ Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # Meeting Date: 08.04-98 SUBJECT/RECOMMENDATION: Approve a contract to purchase real property commonly known as the "Atrium Apartments" located at 1707 North Ft. Harrison Avenue, being legally described as LESLEY'S SUBDIVISION, that part of Lots 8 and 9 lying east of Ft. Harrison Avenue extended, from Proactive Enterprises, Inc. for $370,000, and pay estimated expenses of $21,500 for environmental audits, $2900 for a boundary survey and closing costs, demolition expenses, excluding remediation of friable asbestos containing materials, estimated at $56,085, including 10% allowed for contingencies, minimum park development costs estimated at $38,785, exclusive of certain labor costs, for total acquisition costs estimated at $489,270, plus certain costs presently undetermined, contingent upon the City being able to withdraw from the contract if environmental investigations reveal conditions reasonably unsatisfactory to the City, O and that the appropriate officials be authorized to execute same. . SUMMARY: • The "Atrium Apartments" were constructed in 1927 at the apex of North Ft. Harrison and Myrtle Avenue. This aging structure dominates the Alternate U. S. Highway 19 northerly entry into Clearwater. Further impetus for this purchase comes from area residents and the Old Clearwater Bay Neighborhood strongly supporting "One City - One Future" goals to beautify entryways into Clearwater. • Among other conditions of the purchase, Seller is required to deliver the property at closing completely vacated of any tenancies. • At this time, the extent of difficulties associated with pre-existing site conditions cannot be made without performing a Phase I and limited Phase lI audit of the property at a cost not to exceed $21,500. The City will have 60 days following acceptance in which to conduct this investigation and may withdraw from the contract if investigations reveal conditions reasonably unsatisfactory to the City. • If it is determined the structure should be demolished following its purchase, a demolition contractor has estimated the cost at approximately $56,085, including a 10%p contingency allowance, and subject to determination of the extent and types of asbestos present in the building, which may increase demolition costs by an amount unknown without completing an asbestos audit. • Preliminary plans to create an attractive passive park on the leveled site have been estimated at approximately $38,785, exclusive of certain labor costs which would be competitively bid. The park would provide an attractive entry into Clearwater, as well as serving to partially satisfy a slated Comprehensive Plan objective for one acre of park land in this planning district. Reviewed by: Originating De W. Casts Legal Info Srvc NA PUBLIC WORKS Total $489,270 Budget ,...? Public Work ?j User Dept. Funding Source: Purchasing . NA DCMIACM PARKS & RECREAT ON Current FY $489,270 CI X Risk Mgmt NA Other A Attachments OP (CONTRACT ON FILE Other WITH CITY CLERK) Submitted by: r .. City Manager x None Appropriation Code: 315-93126-572-000 Printed on recycted paper (Atrium Apts Cont Agn. ewbI Rev. 3198 s Page 2 -Atrium Apartments Contract 06-04-98 • City Charter section 2.01(d)(4)(ix) requires one appraisal be performed for a property purchase exceeding $250,000 but less than $500,000 in value. This property was previously appraised for the City on January 3, 1996. The value was determined to be $300,000 at that time. It is believed that valuation remains approximately relevant. • In addition to this purchase furthering "One City - One Future" goals, it will also replace a neighborhood feature perceived to be inimical to public safety and welfare with one which will be a major enhancement. • Funding in the amount of $416,000 will be provided from the 'undesignated retained earnings of the Special Development Fund. The'balance of $73,270 will be provided by a transfer of infrastructure funds from project 315- 93316, Bayfront Park Renovations. Mid year budget amendments will address these amendments and establish a project for this purchase. CONTRACT EAR PURCHASE OF REAL PROPERTY BY THE CITY OF CLE:ARWATER, MRIDA PAkTIYSt PROACTIVE ENTERPRISES, INC., a Florida Corporation, therein "Seller"1, of 1101 North Ft. Harrison Avenue, Clearwater, Florida 33755, Phone: 18131 462-5405, and the CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Sox 4748, Clearwater, Florida 34618-474B, ATTENTION: City Attorney, Phone; (813) $62-4010 (collectively "Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real Property") and personal property ("Personalty") (collectively "Property") upon the following terms and conditions. TRZ "ZFFECTIVE DATE" OF THIS cONTPAcT I3 THE DATE OF MCUTION $Y DULY AUTHoRIxED cITX OFFICIALs. TI1= Is of THE Zssm= Ill THIS cONTRACT. Tine periods of 5 days or less shall be computed without including Saturday, Sunday, or national legal holidays and any time period ending on a Saturday, Sunday or national legal holiday shall be extended until 5:00 P.M. of the next business day. 1. PROPERTY DESCRIPTION LEGAL DESCRIPTION, LESLEY'S SUBDIVISION, that part of Lots a and 9 lying east of rt. Harrison Avenue extended, according to the map or plat thereof as recorded in Deed Book It, Page 471, in the Public Records of Pinellas county, Florida. STREET ADDRESS (City/tip/Statel: 1707 N. Ft. Harrison Avenue, Clearwater, F1. 337SS PERSONALTY: NONE 2. FULL PURCHASE PRICZ ............................................. S 370,000.00 3. MANNER Or PAYMENT: City of Clearwater check in U. S. funds at time of closing Isubject to credits, prorationsl... $370 000.00 4. DETERMINATION OF PURCHASE PRIct The Full Purchase Price as shown herein has been stipulated by Seller and is not supported by current market value appraisal or other analysis and determination of the value of the fee simple interest to be conveyed. , 5. TI1lZ FOR ACCEPTANCE; APPROVALS Following execution of this contract by Seller, the price, terms and conditions as contained herein shall remain unchanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Carl Barrett, Real Estate Services Manager, in the Public Works Department of the City of Clearwater for acceptance and approval, counter-offer, or rejection by action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter. If a counter-offer is approved by the Commission, it shall be delivered to Seller in writing within 10 days of such action by the City Commission, and Seller shall have la days thereafter to deliver to Buyer written notice of acceptance or rejection of such counter-offer. If written notice of acceptance is not timely delivered, or if the counter-offer is rejected by Seller, this contract shall thereafter be null and void in all respects. If this contract is rejected by the Co,r._ssion upon initial presentation to the Commission, this contract shall be null and void in all respects and Buyer shall be so informed in writing within 5 days of such action. G. TITLZ Seller warrants legal capacity to and shall convey marketable title to the Property by Statutory Warranty, Trustee's, Personal Representative's or Guardian's Deed, as appropriate to the status of Seller, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes for the year of closing; covenants, restrictions and public utility easements of record; and NO OTHERS; provided there exists at closing no violation of the foregoing and none of them prevents Buyer's intended use of the Property as a municipal park. Seller warrants and represents that there is ingress and egress to the Real Property sufficient for the intended use as described herein. Personalty shall, at Buyer request, be transferred by an absolute bill of sale with warranty of title, subject only to such matters as may be otherwise provided herein. 7. TITLZ ZVIDENCZ Seller shall, at Seller expense and within 15 days prior to closing date deliver to Buyer a title: insurance commitment issued by a =F rids licensed title insurer agreeing to liens, encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged by Seller at or before closing. Seller shall convey a `marketable title subject only to liens, encumbrances, exceptions or qualifications set Page 1 of 5 forth in this contract. Marketable title shall be determined according to applicat:e Title standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from receiving evidence of title to examine it. IS title is found defective, Byer shall, within 3 days thereafter, notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable. Seller will have 120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title as it then is or withdrawing from this Contract, whereupon Buyer and Seller shall release one another of all further obligations under this agreement. 0. 9URVIX Buyer, ¦t Buyer's expense, within time allowed to deliver evidence of title and to examine 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 an Real Property, or that improvements located on Real Property encroach on setback lines, easements, lands of others, or violate any restrictions, contract covenants or applicable governmental regulation, the same shall constitute a title defect. The survey shall be performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code and may include a description of the property under the Florida Coordinate System as defined in Chapter 117, Florida Statutes. 9. CLOSING PLAC3 AND DATZ )X) Seller ) ] Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing agent in Pinellas County, Florida, on or before 8o days following the Xffectiva Data, unless extended by other provisions of this contract. if either party is unable to comply with any provision of this contract within the time allowed, and be prepared to close as set forth above, after making all reasonable and diligent efforts to comply, then upon giving written notice to the other party, time of closing may be extended up to 45 days without effect upon any other term, covenant of condition contained in this contract. 10. CLOSING DOCUKDMS Seller shall furnish deed, bill of sale (if applicable), mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the resolution and setting forth facts showing the conveyance conforms with the requirements of local law. Buyer shall furnish closing statement, It. CLOSING ZXPENSLS `I Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective instruments. Recordation of the deed shall be paid by Buyer. 12. PRORhTIONS; CREDITS Taxes, assessments, rent (if any} and other revenue of the Property shall 'be prorated through the day before closing. closing agent shall collect all ad valorem taxes uncollected but due through day prior to closing and deliver same to the Pinellas Ca::ti Tax collector with notification to thereafter exempt the Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and assessments for the current year cannot be ascertained, rates for the previous year shall be used w;th due allowance being made for improvements and exemptions. Any deposits held by Se._e; :n trust for third parties in occupancy of the Property shall be credited to Buyer at tt=t e; closing. Assessments for any improvements that are substantially complete at t.st o: closing shall be paid in full by Seller. 13. OCCUPANCY Seller warrants that there are no parties in occupancy other than the Seller, o: as otherwise disclosed herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. Seller agrees to deliver occupancy of the Property at time of closing unless otherwise stated herein. If occupancy is to be delivered be_ore closing, buyer assumes all risk of loss to Property from date of occupancy, shall be responsible and liable for maintenance from that date, and shall be deemed to have accepted Property in its existing conditions as of the time of taking occupancy unless otherwise stated herein or in separate writing. 14. L. "ES/RRIMAL AGREFJLENTS Seller shall terminate all tenancies of every nature not later than 48 hours prior to closing and shall deliver the property to Buyer completely vacated at time of closing. buyer shall have no liability whatsoever to any tenant or Seller in connection with any lease, rental agreement, representation or verbal understanding between Seller and any tenant. If for any reason Seiler is unable to deliver property completed vacated at closing, this agreement may be extended by buyer as provided in paragraph 9 hereof; in %rocedure3 hich event Seller shall, at Seller expense, institute and timely comply with all necessary to effect the legal eviction of any remaining tenants. If for any reason Seller is unable to deliver a completely vacated property within the time allowed, Buyer, at Buyer option, may elect to terminate this agreement or proceed to enforce its IS. PROPERTY CONDITION Seller shall deliver the Property to buyer at time of closing in its present "as is" condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seiler makes no warranties other than as disclosed herein in Paragraph 21 ("SELLER NARPIWTIES"I and marketability of title. Buyer's covenant to purchase the Property 'as is" is more specifically represented in either subparagraph a. or b. as marked IX). a. [ J As Is, Buyer has inspected the property or waives any right to inspect and accepts the Property in its present "as is" condition. b. {X) As is vith Right of Inspections Buyer may, at Buyer expense and within 60 days from Effective Date ("Inspection Period"I, conduct inspections, tests, environmental and any other investigations of the Property Buyer deems necessary to determine suitability for Buyer's intended use, including subsurface investigations. Seller shall grant reasonable access to the Property to Buyer, its agents, contractors and assigns for the purposes of conducting the inspections provided, however, that all such persons enter the Property and conduct the inspections and investigations at their own risk. Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being filed against the Property without Seller's prior written consent. Buyer may terminate this contract by written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations reveal conditions which are reasonably unsatisfactory to Buyer. 16. WALK-THROUGH INSPECTION At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may conduct a final "sulk-thxough" inspection of the Property to determine compliance with any Buyer obligations under Paragraphs 9 and 15 and to insure that all property is in and on the premises. No new issues may be raised as a result of the walk- through. 1?, SELLER HELD HAM9XS3 Buyer is self insured, and subject to the limits and restrictions 'of the Florida Sovereign Immunity Statute, F.S. 758.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or property during the Inspections and/investigations described in Paragraph ISM resulting from Buyer's own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the sovereign immunity statute. to, itlsx or Loss If the property is damaged by fire or other casualty before closing and cost of restoration does not exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an obligation of the Seller and closing shall proceed pursuant to the termer of this contract with restoration costs escrowed at closing. If the cost o. restoration exceeds 3t of the assessed valuation of the improvements so damaged, Buye: shall have the option of either taking the Property "as is", together with either the 3• or any insurance proceeds payable by virtue of such loss or damage, or of canceling this contract. 19. PROCEEDS or 9ALZ;_ CLOSING PROCEDURE The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held it escrow by Seller's attorney or by such other mutually acceptable escrow agent for a perioc of not longer than 5 days from and after closing, during which time evidence of titre 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 30 days from the date of receipt of such notification to cure the defect. It seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within 5 days after demand, be returned to Buyer and 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 intervening defect except as may be available to Buyer by virtue of warranties contained in the deed. The escrow and closing procedure required by this provision may be waived if title agent insures adverse matters pursuant to Section 627.7941, F.S. 11951), as amended. 20. DEFAULT If this transaction is not closed due to any default or failure on the part of the Seiler, other than to make the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this agreement upon giving written notice to `Seller. If this transaction is not closed due to any default or failure on the part of the buyer, seller may seek specific petformance. If a broker is owed a brokerage fee regarding this transaction, the defaulting party shall be liable for such fee. 21. SILUR VARRANTIZS Seller warrants that there are no facts known to Seller that would materially effect the value of the Property, or which would be detrimental to the property, or which would effect Buyer's desire to purchase the property except as follows: Six underground fuel storage tanks were removed from the subject property in 1992, Seller covenants with Buyer that the subject property has been accepted into the State of Florida Abandoned Tank Restoration Program (Facility Number 529201989) based on Tank Closure Assessment Report dated November, 1992, prepared by Enviropact, Inc. Further, Seller is beneficiary of an ENVIRONMENTAL INDEMNITY AGREEMENT dated February 6, 1996 given by John G. Geigle and Kevin J. Geigle, jointly, prior owners of the subject property, and agrees to assign to buyer all of Seller's rights and benefits a may accrue thereunder. Buyer shall have the number of days granted in Paragraph 15(b) above ("Property Condition") to investigate said matters as disclosed by the seller, and shall notify Seller in writing whether Buyer will close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this 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 on the contract. 22. RADON G" NOTITICJITION In accordance with provisions of Section 404.056(810 Florida Statutes (19891, as amended, Buyer is hereby informed as follows: 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. 23. CONTRACT NOT RECORDABLL; PERSONS BOUND Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall include plural and one gender shall include all. 24. NOTICZ All notices provided for herein shall be deemed to have been duly given if and when deposited in the United States Mail, properly stamped and addressed to the respective party to be notified, including the parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the behest of the parties to satisfy all terms and conditions of this contract. 25. A331GNABILI]"Y; PERSONS BOUND This contract is not assignable. The terms "Buyer", "Seller`, and "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives, successors and assigns (if assignment is permitted) 26. ATTORNEY FEES; COSTS In any litigation arising out of this contract, the prevailing party shall be ent:tiea to recover reasonable attorney's fees and costs. 27. TYPEWRITTEN OR HANDIIRITT'EN PROVISIONS Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them. 26. NO BROKER Seller and Buyer represent and agree they have dealt with no Broker or finder in connection with the transactions contemplated hereby. Seller and Buyer further agree to indemnify the other from any damage, liability or expense either may suffer as a result of any claim of a Broker or finder with whom it is determined that the other party has dealt with in contravention of this agreement; except, however, that total City obligations under this provision shall be subject to the limits and restrictions of the Florida sovereign immunity statute, F.S. 768.28. 29. LTrECT or PARTIAL INVALIDITY The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of any other provision. In the event that any provision of this contract is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties `subsequent to the expungement of the invalid provision. 170. GOVERNING LAW It is agreed by and between the parties hereto that this contract shall be governed S . Y •Y •1 , 11. COUNTLRPARTA FACBMIX COPY % This contract may be executed in two or more counterparts, each of which shall be deemed an original and ¦ll of which together shall constitute one instrument. A facsimile copy of this contract, including any addendum, attachments and any written modifications hereof, and any initials or signature thereon shall be deemed an original. .. T. 32. SPECIAL CLAC1M (X) Not applicable, OR ( ) 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 clause in the Addendum is in conflict with any provision contained elsewhere in this contract, then the special clause shell govern. 33, ZHTIRZ AGR=D12ZT Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the parties, shall supersede any and ¦ll prior and contemporaneous written and oral promises, representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the parties and incorporated herein or attached hereto. THIS is INTMDZD TO BZ A LEGALLY BINDING CONTRACT. I! NOT MLLY LRZWERSTOOD, SEEK THZ ADVICZ OF AN APPROPRIATE PROFESSIONAL TOR LEGAL, TAX, ENNIROHMEHTAL AND OTHER SPECIALIZED ADVICZ PRIOR TO SIGNING. Seller: PROACTIVE ENTERPRISES, INC., a Florida Corporation **Date: By. 59-3355201 Mat ew W. 8a nicle, Director Tax I. D. Number •armra4 rxrcu.109 REREOF BY SELLER. THIS AGREZNZFTr SUPERCEDES AND JUWLAr=S rZfAr CERrAZN ( j APPROVED AND ACCEPTED this day of , 1998. Countersigned: -RTt-a Garvey, Mayor-Co ss oner Approved as to form and legal sufficiency: Jo n Carassas, Assistant City Attorney CITY OF CLEARWATER, FLORIDA By: Michael J. Roberto, City Manager ATTEST: Cynthia E. Goudeau, City Clerk L Clearwater City Commission Agenda Cover Memorandum Final Agenda Item li ?P L Meeting Date: SUBJECT/RECOMMENDATION: Adop} Resolution No. 98-21 requesting that the Florida Department of Transportation convey the title of property at 1400 Young Ave. to the City of Clearwater, or otherwise grant permission to the City to allow placement of additional antennas on the existing tower on said property. ® and that the appropriate officials be authorized to execute same. SUMMARY: • City staff desires to allow placement of additional antennas on the City-owned tower located at 1400 Young Ave., Clearwater. In particular, City staff desires to allow BellSouth Mobility, Inc., to locate antennas on the tower in order to avoid construction of a new 120 foot high tower proposed on the north side of Belleair Rd., approximately 200 feet west of Highland Ave. • The land upon which the City-owned tower is located is leased from the Florida Department of Transportation (FDOT). • Placement of additional antennas on the City-owned tower requires either a lease amendment or conveying title of the property to the City. • in order for the FOOT to consider amending the lease or conveying title of the land, the FDOT requires that the City Commission pass a resolution requesting same. Reviewed by- Originating Dept: Costs Legal Info Srvc nle Central Permitting Total Budget Public Works User Dept. Funding Source: Purchasing nla DCMIACM nla Central Permitting Current FY CI Risk Mgrnt We Other n/a Attachments OP Resolution No. 98-21 Other Submitted by: rv1 City Manager ? ' ` ?y d None A rn riatinn Code: Prinlwd nn mnwnlad nannr Row. 2198 RESOLUTION NO. 98-21 a9 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, REQUESTING THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION TO CONVEY TITLE OF THE PROPERTY LOCATED AT 1400 YOUNG AVENUE, CLEARWATER, FLORIDA, TO THE CITY OF CLEARWATER, OR OTHERWISE GRANT PERMISSION TO THE CITY TO ALLOW PLACEMENT OF ADDITIONAL ANTENNAS ON THE EXISTING TOWER LOCATED ON SAID PROPERTY. WHEREAS, the City of Clearwater is in receipt of an application to construct a 420 foot high telecommunications tower for BellSouth Mobility, Inc., on property located on the north side of Belleair Road, approximately 200 feet west of Highland Avenue; and WHEREAS, on January 23, 1997, the City Commission of the City of Clearwater passed Resolution No. 97-08 encouraging the joint use of existing telecommunications towers as an alternative to new tower construction; and WHEREAS, Section 40.003 of the City of Clearwater land development code states that the zoning regulations are intended to protect the character of the City and minimize conflicts among the uses of land; and WHEREAS, the City Commission finds that, joint use of towers is in the public interest by protecting the character of the City and minimizing conflicts among the uses of land; and WHEREAS, the City of Clearwater owns an existing telecommunications tower located at 1400 Young Avenue, Clearwater, Florida; and WHEREAS, the City of Clearwater desires to allow the placement of additional antennas on the existing tower at 1400 Young Avenue and, in so doing, eliminate the need for construction of a new tower by BellSouth Mobility, Inc., on Belleair Road; and WHEREAS, the City of Clearwater leases the land at 1400 Young Avenue upon which the tower is located from the State of Florida Department of Transportation; now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The City of Clearwater requests that the State of Florida Department of Transportation convey title of the property at 1400 Young Avenue, Clearwater, Florida, to the City of Clearwater, or otherwise grant permission to the City to allow placement of additional antennas on the existing tower located on said property. Resolution No, 98-21 Oq Section 2. This resolution shalt take effect immediately upon adoption. PASSED AND ADOPTED this day of , 1998. Rita Garvey Mayor-Commissioner Appr ved as to rm: Attest: - r Leslie Dougait- ids Cynthia E. Goudeau Assistant City A rney City Clerk Resolution No. 98-21 }.t?l•?"'. ytaWn4-Vy+t+<-ran-. - - ' h. SU B J ECTIRECOMMEN DATION: Clearwater City Commission Agenda Cover Memorandum Worksession Item !i: Final Agenda Item # 30 Meeting Date. Brownfields Advisory Board Selection. Appoint 9 members to serve on the Clearwater Brownfields Advisory Board M and that the appropriate officials be authorized to execute same. SUMMARY: Ordinance No. 6204-97 was adopted as required by Florida Statute 376.80(4) to establish the Clearwater Brownfields Advisory Board. The purpose of the board is to improve public participation and receive public comments on: rehabilitation and redevelopment of the Brownfields area, future land use, local employment opportunities, community safety, and environmental justice. Advisory board members must review and provide recommendations to the City Commission regarding proposed site rehabilitation agreements. The board shall consist of nine members. • Three shall be residents within or adjacent to the Brownfield Area. The following qualified residents have applied: Willa L. Carson, Mary Miller, Elizabeth Simmons, and Robert J. Washington • Three shall be owners of businesses operating within the proposed area and need not be residents of the City. The following qualified business owners or their representatives have applied: Thea Dunmire, ENLAR Compliance Services; Brian Flaherty, Bricor Development Incorporated; Ronald P. Floyd, SouthTrust Bank, Gary S. Gray, Citizens Bank & Trust; Amy Lovett, Morton Plant Mease Health Care; and Deborah Turner, Godwin Interiors. Three shall be representatives of federal or state agencies or local governments involved in the Brownfields remediation process within Pinellas County and need not be residents of the City. The following qualified representatives have applied: Michael Flanery, Pinellas County Health Department; Steven Fowler, City of Bellaire; Dr. Renu Khator, University of South Florida; Dr. Thomas R. Noble; Pinellas Technical Education Centers; Alicia R. Reed, Pinellas County Risk Management Department; and Fredrick L. Rodgers, Pinellas Technical Education Centers. Reviewed by: Originating Dept: Costs Legal NIA Info Srvc N/A Total Budget NIA Public Works A User Dept. Funding Source: Purchasing NIA DCM/ACM Current FY Cl Risk Mgmt NIA Other Attachments : Applications OP Ollie r Submitted by: City Manager 0 None Appropriation Code: Printed on reeveled naner Rnv_ 714" N. ?:t CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: LL i/?? _?4, La t4d, p s Gr,, T Home Address: f Zi 3" Telephone: ELI a ?4 'l - How long a resident of Clearwater? . Z . ,? ?t Office Address: zip:fl Telephone -&-/ Employer--?F'q h ?- Other Work Experience: Field of Educati6n: &i If retired, former occupation: Community Activiti Other Interests: Board Service (current and past : 4 Additional Comments: Signed: Board Preference: Category Applying For. (?) Agency involved in Brownfields redevelopment ( ) Business Owner ( must own a business within the Designated brownfield Area) (?) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. 0. Box 4748, Clearwater, FL 33758-4748 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name:--LL i ! ? , /- , L I K S n (? -- -- Home Address: J x'77- 6, X416)1- Telephone:? 0.3) 41 -- 6,22's How long a resident of Clearwater? Occupation: Office Address: Telephone., 0 Employe . ' Other Work Experience: Field of Educati6n: 9&' If retired, former occupation: .?? Community Activiti Other Interests: Board Service (current and past : r l.Ydr'?l? ??"?? oAdditional Comments: Sianed:RG,u.Ca-? -• Category Applying For. Date: W - 'i " (?) Agency involved in Brownfields redevelopment ( ) Business Owner ( must own a business within the Designated brownfield Area) { ?) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. Board Preference: PLEASE RETURN THIS FORM TO: City Clerk's Department, P. 0. Box 4748, Clearwater, FL 337584748 CITY OF CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: Mary Miller Home Address: 1400 S. Madison Ave Clearwater Florida zip 33756 Office Address: Zip Telephone: (813) 4424366 _ Telephone: How long a RESIDENT of Clearwater? 36 years Occupation: - Employer: Field of Education: Other Work Experience: If retired, former occupation: Teacher Community Activities: Other Interests: Board Service (current and past): Board Preference: Additional Comments: 10 Signed: 1-* -/-/a ef) Date: Z :Z Category pplying Far: ( ) Agency involved in Brownfelds redevelopment { ) Business Owner (must own a business within the Designated brownfield Area) (X) Resident (must be a resident within or adjacent to the. Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department P. 0. Box 4748 Clearwater, FL 33758-4748 F EB 18 199P OoI S ". L'a -L r r CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: ,G I i Z. Q M &J h J t' on M D Home Address- Office Address: Ybar zip3321 J- \ zi Telephone: T5? 0 g 40 Telephone: How long a resident of Clearwater?_, _ Occupation: ! e. MO-,t_E Y' Employer: Field of Education: s 11 c s If retired, former Community Act S Other Work Experience: at e r 5h?p a, Spare Fro , 17 , ra- 'le Other Interests: SC A o o Gt 010( C. h u v' c? ..._._..,..,.....,_ Board Service (current and past): Board Preference: _1Pe s?' d en Additional Comments: ?''r e S bYT? r ?a 1 Signed: Loa/ Category Applying For. ) Agency involved in Brownfields redevelopment e Date: 0 ?f 12-Y"? ( ) Business Owner ( must own a business within the Designated brownfield Area) (}{) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. 0. Box 4748, Clearwater, FL 33758-4748 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name Pzbe Home Address: Office Address: it..tr t?, Tr L i.' In N rr ?. zip ?rTL -- Zia'3?? 1La Telephone; (ti 31 qLi 7 -3; r _ - Telephone: J - How long a esiden of Clearwater? -! 15th fir 1.1 r _ . Oocupation: l6` L1. LVL(Vt(i t t 7lQ ltlli? - Employer: ALA y cu li(.1T ['a.1 t)1 ?-)6 Field of Education: Other Work Experience: i CIA YY Lcou-(,% k ki?c fir'{C;f , r, lnt?. . tic e0Lz, r ?- ? i tc If retired, former occupation: Community Activities: & i'Vc ?_1 x ?11tx?- [.?_ 011 Qltia.CIuL Lra, rLya C tiLf Other Interests0 r)ui-n (1j1CL" __4 1JtLU_)Q c uri ti ilnat wtfri-oulu,J ff k w? (??,?U?lr4c+S Board Service (current and past): Board Preference: " ci_ _J J Additional Comments: _I QM vel2j i3y-im u, -h) =yQr„ 02Lj r? QMm(Lnitu in rnLj wa4_ n Ibk. Signed: Date: Category Applying For ( ?) Agency involved in Brownfields redevelopment ( ) Business Owner (must own a business within the Designated brownfield Area) ( ? Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Cleric's Department, P. 0. Box 4748, Clearwater, FL 337584748 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: 777 e a 0 u n m i re.,, Home Address: Iq30 C"/ 01Vd.#-?'i0 C.jearu aka- I-L -Zip 33767 Office Address: 9700 Gro ve sf `4"q ,.. Clearcua fer r-2- Z,p 3374,6 Telephone: Y13-6-93-32V7 Telephone: Y 13 - S'9S"- z S0,3 How tong a resident of Clearwater?. Q ?'- - - - ?, on Occupation: C oIIS LLrLAL Employer. EAJ44X 0e0& 11g'VU Eew"-Czs Field of Education: Other Work Experience: See a ll-a Chet d re su m.L If retired, former occupation: -" Community Activities: ct d ? r1 r? of p r L ss r l ; ?e rs i L, o F tSm-A Plo?Id a Coltaqf, of P bl ? Other Interests: Board Service (current and past): Board Preference: visor Rlatd Additional Comments: Signed: a Date:_ 21"70198 Category Applying For. ) Agency involved in Brownfietds redevelopment ( X) Business Owner ( must own a business within the Designated brownfield Area) ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. 0. Box 4748, Clearwater, FL 33758-4748 DUNMIRE 1430 Gulf Blvd 9410, Clearwater, FL 33767 work (813) 595-2803 home (813) 593-3247 BSE -- Biomedical Engineering Juris Doctor, Magna Cum Laude 1979, University of Iowa December 1986, Syracuse University Professional Certification and Bar Membership Certified Industrial Hygienist Certified Safety Professional Illinois Bar, Admitted May 1988 New York Bar, Admitted June 1987 Experience 10196 - present PRESIDENT Environmental Legal Research, Inc., Chicago, IL ENLAR Compliance Services, Inc., Clearwater, FL Environmental, safety and health consulting focusing on compliance audits; preparation and review of environmental, safety and health policies and procedures; preparation of customized training materials, Brownf elds redevelopment and individualized research on environmental issues. 5189 - 10/9b ATTORNEY Dickinson, Wright, Moon, Wan Dusen & Freeman, Chicago, IL Holleb & Coff, Chicago, IL Environmental attorney in private practice. Reviewed technical documents, prepared contractual documents, and negotiated settlement documents to deal with environmental, safety and health issues associated with Superfund sites, real estate transactions, corporate mergers and on-going compliance issues. Assisted clients in establishing corporate policies and periodic audit programs and advised clients on permit applications (air, water, hazardous waste and stormwater) and recordkeeping requirements under environmental and OSHA laws. Managed remediation projects as an active member of Superfund-site technical committees and as liaison counsel for PRP group responding to an EPA 106 Order. Co-mediator for resolving Superfund liability for 20+ companies at three Superfund sites. 6187 - 5/89 ASSISTANT REGIONAL, COUNSEL U.S. EPA, Region V, Chicago, IL. Worked on environmental cases involving hazardous waste, Superfund and permitting issues. Developed both national and regional procedures for handling cost recovery cases. Negotiated settlement documents and developed alternative dispute resolution procedures. Received Regional Administrator's Award for Excellence for teaching and facilitating Environmental Risk Assessment course and recognized for mediation efforts involving resolution of Superfund case involving the City of Youngstown, Ohio. 6/86 - 12/86 STUDENT ATTORNEY Public Interest Law Firm, Syracuse University College of Law Represented clients in misdemeanor criminal cases and represented client as lead attorney in a Title VII racial discrimination case tried in Federal District Court. Summer 1985 SYRACUSE UNIVERSITY LAW IN LONDON PROGRAM Worked in London for Brian Thompson & Partners, a large labor union law firm specializing in workplace injury cases. Advised members of the firm on the handling of occupational disease cases. 5/80 - 7/84 TECHNICAL AUDITOR Bristol-Myers Company, East Syracuse, NY Audited the safety and health programs of both domestic and international operations for compliance with regulatory and corporate requirements and then monitored their progress in correcting any deficiencies found. 1/86 - 5186 O'Brien & Gere Engineers, Syracuse, NY 6/79 - 5/80 Allied Chemical, Solvay, NY 11/77 - 3/79 Environmental Health Services, Univ. of Iowa 5/78 - 8178 ALCOA, Davenport, IA Collectively, these jobs involved work on projects in many areas of industrial hygiene, environmental concerns, and safety including accident investigation, sampling of toxic chemicals, employee safety training and hazardous chemical control programs. Publications Envimm azardq and ' 'ties, AGuide. LReaLEstate.Prs kssionals, Real Estate Education Company, 1995. $gaLEsffi ctoring inEnyirnnmental Impacts, I Environmental Finance 4, Winter I991/92. Le Pr fessionals, American Academy of Industrial Hygiene, October 1991. The Problems with Using Common Lays !CriminalStatute,; to Deter Exps),si,ire to Chemical Suhstancrsin the Workplace, 17 Northern Kentucky Law Review 1, 1989. OtherActivities Actively involved in the industrial hygiene professional organizations -- past Secretary/ Treasurer of the American Academy of Industrial Hygiene, past chair of the Law Committee and current member of AIHA Training and Communication Committee. Adjunct Professor at University of South Florida, College of Public Health. Taught Scientific Analysis of Environmental Problems at Chicago Kent Law School, Chicago. Have given presentations to a wide variety of audiences including several mock trials at AIHA annual conferences, roundtable discussion with Arthur D. Miller on Ethics of Safety and Health Professionals which was developed into a professional training film, and numerous professional development courses on safety, health and environmental topics. Member of the St. Petersburg Florida Brownfields Working Group working with the City of St. Petersburg in developing and implementing strategy for redevelopment of designated Brownf elds area. List of references available upon request. r P e.-? CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: Brian Flaherty Home Address: 1522 Sand Hollow Court Palm Harbor, F1. Zi 34683 Telephone: ( 813 ) 458-4464 How long a resident of Clearwater?, Occupation: Developer/Electrical Contracto3Employer self Field of Education: Other Work Experience: Army Corp of Enaingegg Owner of taxi cab business If retired, .former occupation: Community Activities: Member of S.A.C. (School Advisory- Committee) Guardian Angels Catholic School, Clearwater; President, Hoard of Directors for Allen's Ridge Homeowners Association, Past Pres dent and Founder of Catholic Business Other IntereStS;Education & Exc_hanc;e Clearwater, -President Sr_icour De_v. Family, Board Service (current and past) ding Board Preference: Advisory Hoard Resume. Additional Comm S Category Applying For. ) Agency involved in Brownfields redevelopment Date: 2 Feb. 98 ( ± ) Business Owner (must own a business within the Designated brownfield Area) ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. Office Address: 1135 Pierce St_._ Clearwater, Fl. ZIP 33756 Telephone: 813 467-9494 (813) 787-0091 PLEASE RETURN THIS FORM TO: City Clerk's Department, P. 0. Box 4748, Clearwater, FL 337584748 r' RESUME BRIAN FLAHERTY DOB 9/15/58 1522 SAND HOLLOW COURT SSN: 013-48-7179 PALM HARBOR, FL 34683 MARRIED 1982-PRESENT (1988-PRESENT) TWO CHILDREN 7 ESSEX STREET STONEHAM, MA 02180 1982-1988 GTOTON, CONN. 1080-1981 EMPLOYMENT BRICOUR DEVELOPMENT, INC. 1996-PRESENT 1135 PIERCE STREET PRESIDENT CLEARWATER, FL 33755 BRICO ELECTRIC, INC. 1993-PRESENT/OWNER 1522 SAND HOLLOW COURT MASTER ELECTRICIAN PALM HARBOR, FL 34683 SERVICE MANAGER ST. PETE TAXI 1988-1993 ST. PETERSBURG, FL OPERATIONS MANAGER US ARMY ENGINEER DISTRICT, NEW YORK 10/81 - 6/88 CONSTRUCTION DIVISION CIVIL ENGINEER NORTHEASTERN AREA OFFICE TECHNICIAN HANSCOM AFB RESIDENT OFFICE PROJECT HANSCOM AFB, MA 01731 MANAGER BOSTON TAXI COMPANY 1982-1997 BOSTON MASSACHUSETTS OWNER/MANAGER TWO (2) BOSTON TAXIS NEW LONDON SUBMARINE BASE 1980-1981 GROTON CONNECTICUT ELECTRICIAN COMMITTEES ALLENS RIDGE HOME OWNERS ASSOCIATION 1994-PRESENT PALM HARBOR, FL PRESIDENT SCHOOL ADVISORY COMMITTEE (SAC) 1995-PRESENT GUARDIAN ANGELS SCHOOL, CLEARWATER, FL PHYSICAL PLANT COMMITTEE 1993-PRESENT GUARDIAN ANGELS SCHOOL, CLEARWATER, FL CHAIRPERSON ' CHAMBER OF COMMERCE, CLEARWATER CHAMBER OF COMMERCE, PALM HARBOR EQUAL EMPLOYMENT OPPORTUNITY 1985-1988 RESIDENT OFFICE, HANSCOM AFB, MA OFFICER O O ui z o?m ® zy ?. - 2., ui uu It ® Q oe .- cl W >-4-) „ ? ? U. C r to CAW a Q) C:l LLJ D4jb" y 'q) J duo sin u z LL. en u z uu = 1 I.- C CO w LLJ q4 c 41 ms w L cn V O 1"" o Ll ? 'w CU V) W 1 C z a ?u OCR uj w z ur W 0 4 0 ¦ v LL. 0 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: X0,-rAua P,• ?.o Y•? - _ Home Address: 23 9r SkA o!c 7X6& L4N? Office Address: !so S.- c.v Nl> Al •# Z o o C: q????4r 2 FLI 23 33 Tss-/33 Ft-. Zip 337,- r Telephone: '72(o•-3?146 oti 66r1-(o5Z Telephone: q - SeG 1 rA^ -701z How long a resisLed of Clearwater? OWupation:lZEAI- A -W Ar s. ?c FMploye: So v z-It i 4-,4 7- t3fi Feld of Education Other Work Experience: 2 Z e-e4 t APPlz4t SRS r?Fc4?-r•v2. q YI?!4/t..5 ?.••y?/Lu,.?rirri?--?? /SlL !?'Y4r? If retired, former occupation: Community Activities: -mss L /,10-7 L-.? G' -0-W o A 4S s u 4_r 4 n a_ 0,& ?,c•?-•n --.?'9 .4.rj n it.tA--j' Other Interests: Board Service (arrant and past): Board Preference: 6Kow??r ?ct.o 5 Aovt.S o•y &4,-a Additional C mmernts: Signed: le-1 P Date:_ ?G Category Applying For. ) Agency Involved in Smcfields redeveWment ( ?) Business Owner (must own a business within the Designated brownfield Area) BA-/k ( V ) Resident (nxt t be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City CkW3 Department„ P. 0. Box 4748, Clearwater, FL 33758-4748 CI'T'IZENS Bank &,Trust February 3, 1998 Mr. Miles Ballogg Environmental Specialist City of Clearwater P.Q.Box 4748 Clearwater, FL 33758-4748 Dear Miles: Enclosed, please find my application for a position on the Clearwater Brownfields Advisory Board. I appreciate your consideration and look forward to assisting you in any way I can. Please contact me should you require any additional information. Thanks again for your hel _. n 1150 Cleveland 5trset Clearwaler, Florida 33755 (813) 441-3447 Mamba F.D.I.C. CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: GARY S. GRAY Home Address: 2170 Philippe Parkway_ Safer Harbor, FL i 3+695 Office Address: 1150Cleveland Street Clearwater, FL zip 33755 Telephone: 6 6 - 1 Telephone:-- 447 X042 How long a resident of Clearwater?- 1992-1995. .. Occupation: Banker Field c f Education.: Business Administration Employer: Citizens Bank & Trust other work Experience: First Union National Bank Florida National Bank If retired, former occupation: Community Activities: Greater Clearwater Chamber of Commerce, Treasurer and Other lnterests: arious banking rela a or inizatians_ Board Service (current and past): Board Preference: Brownfields Advisor Board Additional Comments: „.Relocating back to Clearwater within 90 days Signed: Date: 213198 Category Applying For. ) Agency involved in Brownfields redevelopment ( x ) Business Owner ( must own a business within the Designated brownfeld Area) ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. 0. Box 4748, Clearwater, FL 33758.4748 F'porl .tlPri NEWS DUPEAU N611L /?. vnML/Vtilr- Pocu GU AM 013 4G1 ©E75 11.)00,02-20 10111 p37S P.02 0: 01,200'aJCJ; Vel4VI90 V:ZlAM; JM'W #55J;w8ge 1!i CITY OF CLEARWATER CLIt'ARWATER BROWNFiELDS ADVISORY BOARD APPLICATION ouEtt Home Address: v q o% w end u?tL?d. ILIOrd 1.p er .W41b. ? -- -R:gja o 't'elephone: A 41 -11-1 aa 1-- How long a re, l ident of Clearwaterr S i Occupation: Pti btit_RkVd-b S Field of Ed=lion: i htmAOL k Vi r retired. faffm oco*atlon: "~ Ca munity AC?ides: ClOw i ftwd Service (current end past): At Si Q Office Address; r • • ue &-.. - s s el LU264ki!f ft Telepham: qG Employer: itnU +r "[tar?_rrtLwu_ NXV , fir L Other Work Expwknw: 'e- I-N Rua&A-' Pd tt sad iK hr .3 14-&L PUY;e, Board Preference: ' i 1 { ) AQwry Involved in Brvwnfields r$deWopmvrd ( ,Ouslness Owr r rwt mm q business within the De?igmted Ommnfield Area) { } { d? ) Resident nws" t bb a re siderd in ore avant to the Designated Brawrtlield Aree Flrtenciei Disdoswe may ba r+equked at the U= of appointment. PI.EASE RETURN THIS FORM TO: City CWe ' Cfepart rOK P. 0. Box 4746, Clearwater, FL 33758.4748 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: Home Address: 1 r r Zia e?a 1 a1 T 3 How kxV a ?gsldent of Clearwater? .& r, T• Field a1 Edmatlon: F roftd, ft mer occupation: ?r1'1f11t?nity ?1CtiVi?i®X - W' t'1.? ? 1 t . 1". A - Mica Address: Telftena. r Employ _" Other Work Experience: .Mq .. r._......_.?,.....r.. . rv ??k 1.1 Board Service (current and pasl? AlDp ?J-LSW--& d:L Category Applylna For. ) Agwv y involved in BmwnWkIs redevelopment Dowd Pref&6nm L,+6usinoa"s owner (must awn a business within the Desigmted brownfleld Area) ( ) Resident (must be a resident within or agaow t to that Designated Bmwnfleld Area) Fk andal Disdost" may be rewlmd a# the time or aPPo i PLEASE RETURN THIS FORM TO: City Clerk's DepartrnenL P. 4: Baa14740. Clearwater) FL 337584748 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: 071 C 1--? a L' I -F i j)') V ?/ F •E . ff 4F•.) ?'iLrln171r. Home Address: r> Telephone:- ?3--e/2 Office dress: It A Z!1)-3 Telephone: .KRjl S-a k- 72 7 7 Xiv?? How long a esiden of Clearwater? Z / y,- " s„_,„ ?, .. Occupation:. P.'-- -- f,,-' J ' d Z7";/"r Employer: ?'?, rll a s .c?c,,,?> N?1 ?? ??,t; T Other Work Experience: Field of Education: C! VI + ff retired, former occupation: Community Activities: Other Interests: Board Service (current and past): Additional C ,!-- t Lie/ Category Applying For ('?4) Agency involved in Brownfelds redevelopment Board Preference: rdl/f JP?? Z" Date: { ) Business Owner (must own a business within the Designated brownfeld Area) ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. 0. Box 4748, Clearwater, FL 337584748 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: Home Address: zip„33?S?v Telephone:,, How long a resident of Clearwater?, Occupation: Field of Education: l R I , If retired, former occupat Community Activities: Cum.. C M. Other Interests: SIG M IM) 01 Board Service (current and past): 612. ?, a. 40A M . - Ole CPA-,?Q- cos. 6 WPB ( g 0 Category Applying For: Office Address: 6l 0D. -RZI 1 1; CL M .? .1 Zip P35 1,1 Telephone:_ 3 , %02.1 Employer-.., IS, l•1# -1' Other Work Experience: Board Preference: P/I ()()Agency involved in Brownfields redevelopment ) Business Owner ( must own a business within the Designated brownfield Area) ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 17 CITY OF CLEARWATER ?Es o 19 CLEARWATER BROWNFIELDS ADVISORY BOARD 98 APPLICATION /%, ` Name:- Renu h o r Home Address: Office Address: USF ESP 09 ?- 4'-;U f,- - e?- ?r,-)ve is ? Lo y _amDGw_- ?-7_L - Zip_ 33 (-QLI -7 Telephone: S12)1 9'1D-p-93.3 ZID Telephone:___- 8-1-? y - 0-7 39 How long a esiden of Clearwater? Occupation: t)+ f-e c. o r n E n vi r u cd Employer:- _ U nl of 2 , rk? h ?71("Z' d Field of Education: SC i erg 9, Co I I "? `'S`' Other Work Expedei ice: Ey)yi?Ooo?P-(-4o-l pc:Aic?4 lornpiBnw, sc.ra???a MGPS r?+ecli Cr) r (,-\2 if retired, former occupation: Community volV)r-,A Other Intere iron rn-Qr-)-r Board Service (current and past): ?G T c c n+r wry , C S n-L ± ?.? ?h? ?Unc?l r Category Applying For. ( 7k ) Agency involved in Bmw nfiields redeveloprnent u Board Preference: „?{?ow,n?;,ells v ?,?oC??po?2a Date: 0191 ?$ ) Business Owner ( must own a business within the Designated brownfield Area) { ) Resident (must be a resident within or advent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment PLEASE RETURN THIS FORM TO: City ClerWs Department, P. 0. Box 4748, Clearwater, FL 337584748 Fiab-16-98 09:22A Claarwatar E. D_ 813-462-6699 P-01 CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPL[CAMON OYh0.% Homo Address: S 1?.0, nu,dXin ? FLi ao 3316 y H" k" Y.i?n«w: S 3? -8 3 3 G e of eerwalert Q -E-&-u Ocm*m tion: v r Field d rucati°- 1 h '?5 !f retied, former oacupatiom 4 Offi & I a ce Address: gp / 0 1 A e. a. 3 L Telephone: .5 3 1 " /G 7 X?5 Gad S D Other Work EVwxierlm: S i -Wto, Other htomts: Dowd Servim (axmd and past): Cateamy Applying For. (X ) AgN y Irnrohred in Brawrdelds redevekW? Board Preferenoe: ( ) Business Owner (must awn a business within the Designated browntteld Area) (' } Resident (must be a resident within ar adjaaeryt to the Desigmted Brownfield Area) Finsndall Disclosure may be required at the Um of appok*nenL a--O It PLEASE RETURN THIS FORM TO: City CIOVS DepertmeM P. O. Boat 4748, Clearwater, FL 33758-4748 y;" h ` 6 1998 jobt- ?4??! ?1' 'iL.?ri.i l?l?t'?i•. CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION Name: A 1 i c i sl R. Rge d - Home Address: 2500 Winding Creek Blvd., #I-202 Clearwater, FL _Zip 33761 Telephone: 613 712-0079 Office Address: Pinellas Co. Risk Mgmt. Dept. 400 South Ft. Harrison Avenue Clearwater, FL Zip 33756 Telephone: 81.3_) 464-4621 How long a resident of Clearwater? 4 years Occupation: Chemical Mgmt. Coordinator Employer Pinellas Co. Risk Mgmt. Dept. Field of Education: Biology - BA, 1985 Other Work Experience: Environmental Regulation (Wastewater Public Health - MPH, 1987 Monitoring Specialist I and II) W lEnvi onmental and Occupational Health) retired, former occupation: N/A Community Activities: Miscellaneous Volunteer Work Other Interests Environmental and Occupational Training Board Service (current and past): Board Preference: None Brownfields Advisory Board Additional Comments: - Signed: - J ?C-- Date: December 19, 1997 Category Applying For ? xx) Agency Involved in Brownfields redevelopment ) Business Owner (must own a business within the Designated brownfield Area) ) Resident (must be a resident within or adjacent to the Designated Brownfield Area) Financial Disclosure may be required at the time of appointment. PLEASE RETURN THIS FORM TO: City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 Resume Synopsis for: ALICIA R. REED Phone: (813) 712-0079 JOB OD- C13VE 2500 Winding Creak Boulevard Apartment No. 1-202 . Clearwater, Florida 33761 Environmental and Occupational Health Professional 1985- 1987 Master of Public Health (M.P.H.) Degree Concentration: Environmental and Occupational Health University of South Florida, College of Public Health Tampa, Florida 33612 1981 - 1985 Bachelor of Arts Degree Major: Biology Talladega College, Talladega, Alabama 35160 Honors & Who's Who Among Students in American Universities Awards and Colleges, Beta Beta Beta Biological Honor Society (charter member), Alpha Chi Honor Society (president), Beta Kappa Chi Scientific Honor Society (president), National Dean's List, Honor Roll i?iiPLOYMENT 1991 - pres. Chemical Management Coordinator Pinellas County Risk Management Department 400 South Fort Harrison Avenue Clearwater, Florida 34616 1987- 1991 Water Monitoring Specialist I and II Pinellas County Utilities Department - Sewer System Water Quality Management Division, 14850 118th Avenue North Largo, Florida 34644 1986 - 1987 Tutor Coordinator University of South Florida, Project Thrust LIB 612, 4202 East Fowler Avenue Tampa, Florida 33620 (FOR AMPLIFICATION SEC FOLLOWING) Amplified Resume EMPLOYMENT A. Reed page 2 01191 - Present PINELLAS COUNTY RISK MANAGEMENT DEPARTMENT Che i€nl Management Coordinator- specific duties include development and implementation of new environmental and occupational health and safety programs in response to new and/or changing environmental and occupational laws; identification and coordination of measures to insure County-wide compliance with federal and state laws regulating the use, handling, and storage of hazardous and toxic chemicals; reviewing County-wide "Right-to-Know" programs, spill plans, and exposure control plans; conducting environmental and occupational training; and the design and maintenance of a County-wide Material Safety Data Sheet (MSDS) database. 10/88 - 01191 PINELLAS COUNTY UTILITIES DEPARTMENT - SEWER SYSTEM Watgr_ ri Specialist 11- specific duties included identifying/classifying industrial users; scheduling/conducting inspections; performing field monitoring activities; and assisting supervisor in the development/issuance of Industrial Wastewater Discharge Permits, the Annual Report to the U.S. EPA, and various administrative needs. I comprised a separate subgroup of the Industrial Program in which I managed the activities (identification, classification, inspection, permit application issuance and review, permit package drafting, meetings, etc.) associated with Type 11, III, and IV industrial users. 08/87 - 10/88 PINELLAS COUNTY UTILITIES DEPARTMENT - SEWER SYSTEM Wgter Monitorir]g Specialist I- specific duties included managing the Industrial Permit and Inspection Group; performing field monitoring activities; assisting the Program Manager in developing Industrial User forms, and in various administrative duties. 08/86 - 06/87 PROJECT THRUST, UNIVERSITY OF SOUTH FLORIDA Tutor Coordinator- specific duties included staffing the Tutorial Center, supervising 20 - 25 tutors, integrating scholastic/tutorial records via computer, preparing reports justifying the Center's existence, and payroll projection. REFERENCES: Provided upon request. r.ev- ?e?-ors t?y:tusa 4 JeaarwtsLrar G. U. LS1.S-4bL-tpob9J r CITY OF CLEARWATER CLEARWATER BROWNFIELDS ADVISORY BOARD APPLICATION W.UG Na": Fredrick L. Rodgers Nome Address: 1117 Ohio Avenue Pg1m Harbor FL ;DR 34683 T*Wphww: OfI'iae Address: PTEC 6100 154th Avenue North Clearwater FL Zip 33760 r w r r .r wwr TetephoXM: -5-I8-7 6 Ext. 115.7---- -- Now kwq a Msident of Cteatarsta.R tko: Ftiticatnr .rirrrr•w^ FjnP?w-.P ej]a5_Zechnical Education Ctr. Field of Education: Oth®r Work Expetience: BS Industrial Technical Education d. Instructional e If refund, ft Tmer ocoupag c CO nffK dty Activities:_ American Legion Post 275. Dunedin; American Vocational Assoc. • Florida Vocational Association; National Education Association/Florida Teaching Prof. Other tnterests: &Md SwvhM (owwd &W past): Brownfields Adv. Board Busiales• Owner ( mays! am% * bmisinm within Vo Desigtiated browrOeld Arcs) ( ) Resident (must be a rffisWW within at sdla=rit to tt D"Voted Broomfield Area) FinandW DlWosure may be requked at tt time of appointrraM PLEASE RETURN THIS FORM TO: City CkWs Dep mt rm t. P. 0. Banc 4748, CtesrwaW. FL 337W4748 ( x ) Aqwxy Invotvad in BivMRftkls redeveloproW ,? F ? ?.., / !\ APPOINTMENT WORKSHEET FOR COMMISSION MEETING June 4, 1998 APPOINTMENTS Auenda #31 BOARD: Historic Preservation Board MEMBERS: 5 TERM: 4 years - CHAIRPERSON: Margaret Kiehl APPOINTED BY: City Commission MEETING DATES: 3rd Tues., 1 pm FINANCIAL DISCLOSURE: Required PLACE: Plumb House RESIDENCY REQUIREMENT: City of Clearwater APPTS. NEEDED: 1 SPECIAL QUALIFICATIONS: None DATE APPTS TO BE MADE: 614198 THE FOLLOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of.Original Attendance Interest in Name Appointment Record reappointment 1. Margaret Kiehl ending 1 st term 6/30 1994 * YES * 1997 & 1998 to present - 9 meetings - absent once THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Comments-Related Experience, Etc. Zipcodes of current members: 2 at 33755 1 at 33759 (Ms, Kiehl) 1 at 33761 1 at 33765 APPOINTMENT WORKSHEET FOR COMMISSION MEETING June 4, 1998 Agenda # 3o Clearwater Neighborhood Housing Services - Board of Directors BOARD: CNHS B.O.D. MEMBERS: 17 (1 City rep) TERM: 3 years, expiring in June MEETING DATES: Every other month/4th Wed. APPOINTED BY: City Commission PLACE: either Jack Russell Stadium or RESIDENCY REQUIREMENT: City of Clearwater Martin Luther King Center APPTS. NEEDED: 1 DATE APPTS TO BE MADE: 614198 THE FOLLOWING BOARD MEMBER'S TERM WILL EXPIRE AND NOW REQUIRES EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appointment Record reappointment 1. Howard Groth 1997 & 1998 to present - 9 mtgs YES present all * appt at 711193 mtg to complete Jim Polatty's term to June 1995 appt at 611195 mtg for his 1 st term to June 1998 THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCY: Name-Address Comments-Related Experience, Etc. t c K APPOINTMENT WORKSHEET FOR COMMISSION MEETING June 4, 1998 APPOINTMENTS Agenda #33 BOARD Airport Authority MEMBERS: 5 TERM: 4 Years CHAIRPERSON: Gary-Benjamin APPOINTED BY: City Commission MEETING DATES: 1st Wed,, 3 pm FINANCIAL DISCLOSURE: Not required PLACE: Commission Chambers RESIDENCY REQUIREMENT: City of Clearwater APP'rS, NEEDED: 1 Special Qualifications: None (5097-91) DATE APPTS TO BE MADE: 614198 THE FOLLOWING ADVISORY BOARD MEMBER(S1 SEAT(S) NOW REQUIRE EITHER REAPPOINTMENT FORA NEW TERM OR REPLACEMENT BY A NEW APPOINTEE. Date of Original Attendance Interest in Name Appo Lament Record' reappointment 1. Vacant Seat - Harry Silcox resigned THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE VACANCIES: Name-Address Comments-Related Experience,_ Etc, 1. Ronald Streicher works with Young Eagles Program at airpark 2087 San Marino Way N., 33763 Zipcodes of current members on board: . 1 at 33755 1 at 33763 2 at 33765 1 vacant t 1998 TIMES TURKEY TROT 201h Anniversary 1658 Windsor Drive, Clearwater, FL 33755 May 28, 1998 COPIES TO: COMMISSION JUN 03 1998 hr.coa CLERK / ATTOR,NP`t The Honorable Rita Garvey The Honorable Bob Clark The Honorable Ed'Hooper The Honorable J.B. Johnson The Honorable Karen Seel Mike Roberto, City Manager Pam Akin, City Attorney Rich Baser, City Engineer City Hall 112 S. Osceola Ave. Clearwater, FL 33756 Dear Commissioners and City Staff: This year, the Times Turkey Trot will be celebrating its 20-year anniversary. As you know, this community event attracts more than 10,000 runners and walkers each year. On behalf of the Turkey Trot Committee, I would like to request the renaming of the short stretch-of Arcturas Avenue, from Druid Road to Gulf-to-Bay Bbd. XVe would like to name it ""Turkey Trot Lane," since this is the home stretch of the annual Turkey Trot road race held Thanksgiving morning. «1e believe renaming the above-mentioned portion of the road would add to the festivity of the event, as well as aiding in the promotion and visibility of the event throughout the year. I would appreciate your response as to the necessary steps to take to gain approval and accomplish this in time for this year's Trot. Thank you for your consideration. Sincerely, Skip Rogers 'Race Director, Times Turkey Trot , f T Y 0 F C L E A R WA R -T 0f ti 1 J? \ -1--1S. CI 1-.wa 11} N. f t 0.t1.% 3 3.4--i v k% Cm' fki. 112 $uf ni Dam-ot.%A%J m 1- CHAR'a Vf k. FbAllil cin Nrv•,+',1 k May 29, 1998 COPIES To. VIA FAX (407) 420-6946 r, MA V Mr. Robert Johnson, Editor Wall Street Journal JUN '' ? 1999 200 S. Orange Avenue, Room 1966 Orlando, FL 32801-3439 CLERK ? ATTORNE, Dear Mr. Johnson: My response to Larry Waliberg regarding his article in the May 20, 1998 Florida Journal: read with great interest your recent article on downtown Daytona Beach. While some would paint overly pretty pictures of our downtowns, observers should be just as wary of taking snapshots and drawing sweeping conclusions. Urban areas are always a work in progress. For instance, your offhand reference to Clearwater states that our redevelopment efforts 'bogged down" when a supermarket chain chose not to locate downtown. While the snapshot may be technically accurate, the facts also show that a local minority-oriented not-far-profit development company took a risk and marketed the property. No sales effort closes every deal; and, we are already talking with other users about the site. Your story might, instead, have reported that the City is very close to a deal to bring more than 700 high-wage jobs downtown. Or that the assessable base-increased last year almost three times the rate of Pinellas County as a whole. Or that we are creating a new downtown based on the best of the traditional character of Main Streets. Those are hardly signals of being bogged down. Downtowns are always filled with good news and bad news. The key to redevelopment is a keen sense of realism driving a compelling vision. Persistence can conquer the pessimism of nay sayers. Sincerely, Mlife l J. o rto City Manager o.F Cln'. ONE FLnftF., cc: Mayor and City Commissioners "EQUAL EmPLM-%1E.%T XND - TFIMME ACTION E±IPLOW;„ Preliminary Agenda PRELIMINARY AGENDA Clearwater City Commission Worksession - 9:00 A.M. - Monday, June 1, 1998 PRESENTATIONS 1. Downtown Pond Status (WSO) PUR PURCHASING -- Mueller Distribution Contractors, installation of polyethylene gas mains & service lines throughout gas system, extension, 6130198-9/30198 (GAS) -- Cushion Deck International, purchase & installation of cushion deck safety play surface at Cherry Harris Park, $43,505.26 (SWI -- Ross Systems, Inc., financial system software licenses & maintenance, 6/30/98-6129/99, $53,000 (IM) FD FIRE 1. Trustees of Clearwater Firefighters' Supplemental Trust Fund - Reappoint Myron Ahrens and Rick Stucker (Consent) PD POLICE 1. Lease (renewal) for South Clearwater Police Mini-Station, 1453 S. Greenwood Ave., Space B, with Theodore V. Klinger and Mary G. Klinger, 7/1198-12/31199, at rental amount $4,950 (Consent) TR TOURISM 1. Approve recommendations for Special Events Grants Funding pilot program, granting total of $50,000 to 8 Clearwater non-profit organizations for new or expanded special events PW PUBLIC WORKS 1. Public Hearing - Find valid public purpose & declare surplus for purpose of conveying title by Warranty Deed to FDOT a parcel of city-owned r-o-w in Sec. 16-28-16 adjacent to existing southerly r-o-w line of SR586, between Landmark Drive & McMullen Booth Road 2. Public Hearing - Declare surplus for purpose of granting non-exclusive public r-o-w easement to The Grand Reserve at Park Place Limited Partnership, for installing, operating, & maintaining landscaping & irrigation facilities therein, portion of Park Place Blvd. median strips lying in Sec. 17-29-16; approve a Maintenance Agreement governing said grant 3. Contract to purchase real property commonly known as "Atrium Apartments", 1707 N. Ft. Harrison Ave., Lesley's Sub., part of Lots 8 & 9 lying east of Ft. Harrison Ave. extended, from Proactive Enterprises, Inc., $370,000; pay est. $21,500 for environmental audits, $2,900 for boundary survey & closing costs, demolition expenses, excluding remediation of friable asbestos containing materials, est. $56,085, including 10% allowed for contingencies; minimum park development costs est. $38,785 exclusive of certain labor costs, for TOTAL acquisition costs est. $489,270 plus certain casts presently undetermined 6/1/98 4. Public He - Declare surplus for purpose of granting an exclusive and perpetual ingress/egress easement to Information Management Resources, Inc., its successors & assigns, all of Lots 9, 10 & 11 of Revised Map of The Original Lot 5, R. H. Padgett's Sub., subject to approval & execution of.a development agreement regarding real property commonly known as the "Annex Site" between the CRA and IMR, and conveyance of real property interests as stipulated therein, reserving to the City the remainder fee interests, including, but not limited to, all rights necessary for the construction & maintenance of public utility facilities within the full easement width 5. C.O.#2 to Island 2-states Reclaimed Water Transmission and Distribution System, Contract No. 1, Kimmins Contracting Corp., decreasing contract by $274,449.16 for new total of $3,377,165.86; C.O.#1 to Island Estates Reclaimed Water System, Pumping Station and Storage Tank, Contract No. 2, Wharton-Smith Inc., increasing contract by $87,049 for new total of $2,499,049; and approve time extension of 34 calendar days (Consent) 6. Approve Consultant Selection Committee's recommendation to retain Camp Dresser & McKee, Inc., King Engineering Associates, Inc., Parsons Engineering Science, Inc., Tampa Bay Engineering, Inc., and Wade Trim, Inc., as additional City Engineers of Record CP CENTRAL PERMITTING 1. Public Hearing & First Reading Ords. #6284-98, #6285-98 & #6286-98 - Annexation, MPD Zoning & Land Use Plan Amendment to Residentail Medium for property located 1,000 feet east of US19N and north of Allen Creek, Sec. 29-29-16, M&B 22.01 & 22.02 and Sec. 20-29-16, M&B 33.07 (Allen Creek Properties, Inc. / Harbourside Realty Holding Co., A98-16, LUP98-06) 2. Public Hearing & First Reading Ord. #6289-98 - CN Zoning for property located at NE corner of intersection of Belleair Rd. and S. Ft. Harrison Ave., Oak Haven Sub., Lots 8-21 and Sec. 21-29- 15, M&B 44.23 (John A. Lahara 1 Medec, Z98-08) - Staff request to Continue to 7/16/98 3. Res. #98-21 - Requesting the FDOT to convey title of the property located at 1400 Young Avenue, Clearwater, Florida, to the City of Clearwater, or otherwise grant permission to the City to allow placement of additional antennas on the existing tower located on said property CM ADMINISTRATION 1. Brownfields Advisory Board - 9 appointments CLK CITY CLERK 1. Historic Preservation Board - 1 appointment 2. CNHS BOD - 1 appointment 3. Airport Authority - 1 appointment CA LEGAL DEPARTMENT Second Reading Ordinances 1. Ord. #6258-98 - Relating to alcoholic beverage special event permit requirements; amending Sec. 22.90(12) to allow the serving of alcoholic beverages in containers meeting industry standards with the approval of the special events committee, providing such containers must be capable of visual inspection for contents, and prohibiting certain types of containers 2. Ord. #6259-98 - Vacating 5' utility easement lying along south side of Lot 9, Blk 27, Mandalay Sub., and City's request to vacate remaining 5' utility easement along south side of Blk 27 (Cronin, V98-04) 6/ 1 /98 2 3. Ord. #6272-98 - Vacating 3' utility easement lying along west side of Lot 5, less southerly 2.5 together with; westerly 34' of the 3' utility easement lying along south side of Lot 3, Bik 3, Tagarelli Sub. (General Home Development, V98-03) 4. Ord. #6273-98 - Land Use Plan Amendment to Resort Facility High for property located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Raman Bhula, LUP97-06, Z97-06) 5. Ord. #6274-98 - CPD Zoning for property located at 1941 Edgewater Dr., Sunnydale Sub., Lots 39-41 (Raman Bhuta, LUP97-06, Z97-06) 6. Ord. #6282-98 - Annexation for property located at 811 Berkley Place, Palmetto Terrace, Blk D, Lot 5 (Anita, Leonard & Charlotte Fenlon, A98-15) 7. Ord. #6283-98 - RS-8 Zoning for?property located at 811 Berkley Place, Palmetto Terrace, Blk D, Lot 5 (Anita, Leonard & Charlotte Fenlon, A98-15) 8. Ord. #6288-98 - relating to telecommunication services and taxation; amending Secs. 29.72, 29.73, 29.74, and 29.76, and adding new Sec. 29.77, to bring City code into compliance with state statutes 9. Ord. #6301-98 - Relating to Skateboards, Roller Skates, and In-Line Skates; amending Art. I of Ch. 28, creating Sec. 28.11 to prohibit a person from using skateboards, roller skates, and in-line skates in specified locations OTHER CITY ATTORNEY ITEMS 1. Discussion - Solicitation on Public Streets City Manager Verbal Reports Other Commission Action Adjourn 611198 3 r u Interoffice Correspondence Sheet To: Rita Garvey, Mayor Ed Hooper, Commissioner,' Deputy. Mayor J.B. Johnson, Commissioner Karen Seel, Commissioner Bob Clark, Commissioner Through: Mike Roberto, City Manager From: Rich Baler, Public Works Administrator CC: Rick Hedrick, Deputy City Manager Bob Keller, Assistant City Manager Date: May 26, 1998 RE: Downtown Pond Status Presentation The attached is a copy of the presentation which will be shown to you during the June 1, 1998 work session. The presentation is an update of the current status of the Downtown Pond project and answers many of the specific questions the commission had during earlier discussions concerning this project. I hope this copy of the presentation will assist you in preparing any questions you may have concerning this project. I look forward to discussing this important issue with all of you. Status Report to City Commission Town Pond Alternative Phase 1 Results June !, 1998 Phase 1 Objectives • Identify Project Benefits • Evaluate Existing Flooding Problem = Determine Alternative Solutions • Select a Conceptual Pond Design • Provide a Preliminary Cost Estimate B' C1 Project Benefits • Reduces Flooding Problems • Reduces'Odor & Aesthetic Problems • Integral Part of the Downtown Plan • Improves Stormwater Treatment • Facilitates the Brownfields Initiative Existing Flooding Problem • Most Often Affects the 2 City Blocks to the West of Pierce Street Pond • Affects 9 Individual Property Owners • Caused by Insufficient Storage Capacity • Occurs During <1 Oyr Storm Event 2 Area of Frequent Flooding Functions of Stormwater Ponds • Reduce Flooding • Attenuate Peak Stormwater Flows • Remove Pollutants From Runoff • Improves Water Quality in Receiving Waters • Improve Landscape Aesthetics 3 Masi— all - Existing Conditions Limits of Proposed Pond Expansion Pond Design Alternatives all. Option 1 - Minimum Standards Design $7,5001000 + $60,000 Annual Cost Limited Treatment System Features - Lowest initial cost - Poorest water quality - Poor aesthetics -Significant seasonal odor problems Pond Design Alternatives Extensive Treatment Features -Proven technology -No regulatory approval problems -Moderate maintenance costs -Highest aesthetic values 5 Option 2 - Enhanced Natural System $101000,000 + $30,000 Annual Cost Pond Design } Alternatives Option 3 - Chemical Treatment $12,000,000 + $100,000 Annual Cost Use of Experimental Technology -Highest initial cost -Potential aluminum toxicity problems -Regulatory approval problems . -Highest maintenance & operating costs r", ' S Recommend- Option 2 YPIYI ?wMMYYYYYYYYYYYY? YI?II I? Enhanced Natural System Pond Design Alternatives Best balance of performance & cost Makes landscape statement Assists downtown redevelopment 6 Town Pond Conceptual Drawing Comparison of Existing & Proposed Pond • Existing Pond System -Provides Inadequate Storage Volume -Periodic Flooding Problems -Frequently Unsightly & Smells Bad • Proposed Pond System - Provides 160% More Storage Volume - Reduces Local Flooding Problems - Provides Redevelopment Incentives - Improves Water Quality & Aesthetics 7 Economics of Off-Site qqo. Retention • Enhances Downtown Parcels as prime Redevelopment Area • Reduces Redevelopment Barriers • Increases Value of the Land • Local Business Market Has Expressed Interest & Support of Idea Benefits Redevelopment Efforts • Provides Additional Incentive • Costs 25% Less Than On-Site Treatment and Attenuation • Allows 100 % Use of Available Land • Reduces Burden to Property Owners: -No Permitting -- No Maintenance 8 Increases Clearwater's COTRetitive Ey2e • Helps Level the Playing Field With Surrounding Communities • Layered Incentives Aid Our Negotiations with Prospective Businesses • Increases Aesthetics of Downtown -- Water Feature - Park Atmosphere • Keeps Start-Up Costs Low for New Businesses What Next? 1. Authorize Design - Detailed system modeling - Refinement of facilities design & cost - Initiate negotiations with property owners - Formalize plan for private buy-in 2. Delay Project 3. Terminate the Project -Accept the current level of service - Pursue other development incentive strategies 9 LL. Q Clearwater U One City One Future Interoffice Correspondence Sheet T0: Honorable Mayor and City Commissioners FROM: Rob Surette, Assistant City Attorney CC: Pamela K. Akin, City Attorney Michael J. Roberto, City Manager Sid Klein, Chief of Police SUBJECT: Solicitation on Public Streets DATE: May 27, 1998 In 1988, the City Commission enacted Section 28.041, Clearwater Code of Ordinances, prohibiting persons from soliciting donations from the occupant of any motor vehicle being operated on a public street within Clearwater. Pinellas County, and Hillsborough County have similar ordinances that are enforceable on public streets in the unincorporated areas of the counties. The ordinances were intended to prevent the impediment to traffic flow that solicitation causes an the frequently congested streets in the area and to eliminate the danger that soliciting creates for solicitors and the occupants of vehicles traveling those congested streets. The City of Tampa, on the other hand, allows soliciting on streets so long as the solicitor provides the following: (1) a plan for review by the city traffic engineer that will assure the safety of the solicitors, as well as the motorists; (2) specific details on the location and time of the solicitation; and (3) an indemnification and hold harmless agreement in favor of the city. Tampa also requires participants in the solicitation to be at least 16 years of age. Pasco County also allows soliciting on streets, but requires the following: (1) an application containing the location and the number and the age of solicitors; (2) a police background check on the solicitors; (3) a prohibition against soliciting before 7:00 a.m. or after sundown; (4) a Certificate of Insurance insuring the organization, solicitors, and the county for liability for damages for personal injury and property damage; (5) the wearing of safety vests by solicitors, who must be at least 17 yeas of age; and (6) a limitation on the issuance of a maximum of 4 permits per calendar year to an organization. Pasco County's ordinance has been in effect since February, 1998. However, only one group has come in to obtain applications; and this group never returned the applications. No permits have yet been issued pursuant to the ordinance. I will be present at the work session on June 1, 1998 to respond to your questions. o U .One City One Future Interoffice Correspondence Sheet TO : Honorable Mayor and City Commissioners FROM: Rob Surette, Assistant City Attorney t`SS CC: Pamela K. Akin, City Attorney Michael J. Roberto, City Manager Sid Klein, Chief of Police SUBJECT: Solicitation on Public Streets; Skating Ordinance DATE: June 1, 1998 Commissioner Seel asked at the work session this morning whether it is lawful for a person to stand on the median and hold a sign directing vehicles to a gas station where students are ?d washing cars. Neither Section 316.2045, Florida Statutes (1997) nor Section 28.041, cl Clearwater Code of Ordinances, would prohibit such conduct when the person is only O` ` providing information to the public so long as the person does not obstruct traffic or does not 10 C approach motor vehicles located on public streets in order to engage individual motorists in conversation. Commissioner Seel also asked if the City of Clearwater could adopt an ordinance similar to a City of New York ordinance that prohibits the "reckless operation" of roller skates, in-line skates, and skateboards on public streets. A similar prohibition is unnecessary because Section 316.2065(12), Florida Statutes (1997) makes it unlawful for roller skaters, in-line ' skaters, and skateboarders even to go upon any roadway except while crossing a street on a L crosswalk. V.- -,