11/19/1998
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City Commission
Meeting
11-19-98
"'::' note: 'll-16-98"Prelitninary (W orksession) Agenda and paperwork'
:':;, , "that was it?- package initially but then not cO,ntinued onto
Thursday's 'agenda is 'at the back of this agenda pack.'
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, November 19, 1998 - 6:00 P.M. - Commission Chambers
1, Invocation - Dr. Dennis MacAleer, Trinity Presbyterian Church.
2, Pledge of Allegiance - Mayor,
3, Service Awards - 3 awards presented.
4, Introductions and Awards - None.
5. Presentations:
a) City of Clearwater Utilities We Care Fund - Citi;zens Assistance Fund explained.
b) NorthWard Elementary School - Partnership explained, bookmarkers presented.
c) Midland Companies art donation - postponed to 12/10/98.
6, Approval of Minutes - Regular Meeting 11/5/98 ., Approved as submitted.
7. Citizens to be heard ra items nat an the Agenda
Albert Craia and Laron Barber presented a flyer regarding Sports Start Foundation to help citizens
alleviate crime and focus on education in the North Greenwood neighborhood,
PUBLIC HEARINGS
8. Public Hearing - direction requested re
Clearwater Beach Family Aquatics Center
IPR)
9, Public Hearing & First Reading Ord, #6348-
98 - regarding new Community Development
Code (PLD)
10, Public Hearing - Reciprocal Easements
Agreement with Highwoods Florida Holdings,
L.P.; declare surplus and grant to Highwoods
a perpetual non-exclusive easement for
ingress, egress and parking over portion of
tract of city owned land lying within NW %
Sec. 17~29-16, Parcel" A" and Parcel "B" of
said agreement, in consideration of mutual
benefits to be derived, subject to final
approval of general site plan for Park Place
Office Center, 380 Park Place Blvd. (PWl
11. (Cant. from 11/5/981 Public Hearing - Declare
surplus to city needs, 600 Franklin St" Gould
& Ewing's 2nd Addition to Clearwater
Harbor, Blk 7, part of Lot 1, for purpose of '
selling; approve contract with Pinelfas County
Housing Authority for sale thereof I for
$74,800 less closing expenses est. at $560,
for approx. net sale proceeds of $74,240
(ED) - To be Continued
11/19/98
~.. . ,. .
8. Directed to construct family aquatics center
per original design.
9. Continued to 12/10/98.
10, Approved agreement. Declared surplus.
Easement granted,
11. Continued to 12/10/98,
1
-
12. Variance(s} to Sign Regulations for property
located at 1230 S. Myrtle Ave., Milton Park,
Blk 9, Lots 1-5 & 10-14 IThompson
Executive Center & Partnership, SV98-
15)(PLD)
13. Public Hearing ~ determine whether a public
nuisance exists on property located at 1350
Gulf Boulevard owned by Beach Communities
II, Inc" Glen R. Johnson, Registered Agent
(PLD)
-
12. Approved variance to allow 4 existing, single-
faced, freestanding signs to remain subject
to: 1) no additional freestanding signs will be
added to the property; 21 a landscape plan
will be submitted to and approved by city
staff and/or City's Landscape Architect; & 3)
appropriClte landscaping will be added to
soften & enhance the sign located on Grand
Central Street and the sign located on
Pinellas Street.
13. Public nuisance declared; City Attorney's
office authorized to seek judicial relief for
abatement.
Public Hearing - Second Reading Ordinances
\,
14, Ord. #6332-98 - Relating to Building and 14. Ord. #6332-98 adopted.
Development Regulations; amending Sec.
47,051, Adoption and Enforcement, to Adopt
the 1997 edition of the Standard Building
Code and Standard Mechanical Code
15. Ord. #6340-98 - Annexation for property 15. Ord, #6340-98 adopted.
located at 1601 Stevenson Dr., Stevenson's
Heights, Blk C, Lot 7 (Agnes E. Akins, A98-
27)
16, Ord. #6341-98 - RS-8 Zoning for property 16. Ord. #6341-98 adopted.
located at 1601 Stevenson Dr., Stevenson's
Heights, Blk C, Lot 7 (Agnes E, Akins, A90-
27)
CITY MANAGER REPORTS
CONSENT AGENDA (Items #17-27) - 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 ond voting on the item individually.
17, Approval of Purchases per 10125198 memorandum:
Tree Line Sales and Service, Inc., 1 st of 2 available extensions, annual inspection and repair of
aerial buckets & cranes used by various departments, 11/20/98-12/31/99, est. $40,000 (GSS)
Kelly Services, 1 st of 2 available extensions, temporary employment service used by all
departments, 12/1/98-11/30/99, est, $45,000 (HR)
11/19/98
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lakeside Occupational Medical Centers, P,A., pre-employment & annual physical examinations
and random drug testing for all personnel except Fire, 1/1/99-12/31/99, est. $60,000 IHR)
Doctor's Walk-In Clinics, new hire & annual physical examinations for Fire Department personnel,
111/99-12/31/99, est. $38,000 IHR)
Vermeer Southeast Sales and Service, Ine" one Vermeer V-3550A trencher to be used
throughout gas system by CGS, $25/360.36; funding to be provided under City/s Master lease-
Purchase Agreement (GSS)
Miller Bearings, Inc., misc. sealed bearings to be used at WPC facilities, 11/20/98-12/31/99, est.
$50,000 IPublic Utilities Dept.)
Standard Insurance Company, long term disability insurance for employees not eligible for
pension plan coverage, 1/1/99~ 12/31/99, est. $30,000 (HR)
Gator Asphalt Paving, Ine" slag cold mix asphalt for use throughout City by Public
Service/Streets, 11/20/98-12/31/99, est, $50,000 (Transportation & Drainage Dept,)
Garber Chevrolet Geo, Inc" two 1999 Chewolet Tahoe full size pursuit utility vehicles for use
throughout City by Fire Department personnel, $54/750; funding to be provided under City's
Master leaseMPurchase Agreement (FD)
Agreement with FDEP providing for assessment and remediation of orphaned and abandoned
sites within Clearwater Brownfields Area (ED)
Approve Disaster Relief Funding Agreement with Florida Dept. of Community Affairs WDCA) (FD)
Approve three 3-year leases with B.J.E., Inc., for Units 1 06~ 108 for use as Beach Library, Unit
113 for Jolley Trolley, and Unit 208 for Beach Police Substation, at 483 Mandalay (Pelican Walk)
effective 1/1/99 (LIB)
Contract to Pinellas County School System / Clearwater Adult Education Center, provision of
educational services, est. $63,000 (PO)
Appoint Bob Shipp to Board of Trustees, Cle'arwater Police Supplementary Pension Plan, for term
11/1/98-11/1/2000 IPO)
Contract for Storm Pipe Replacement Woodside I Woodcrest Avenue, Suncoast Excavating &
Utilities, Inc., $134,546,50 (PW)
Approve Second Amendment to Agreement with SWFWMD; and Contract with FDEP for funding
for Cooper's Point Restoration and Management (PW)
Approve certain Storm water Utility Projects for inclusion in the Capital Improvement Program
budget for Fiscal Years 1998~99 and 1999-2000 (PW)
Water Main Easements in lots 2 & 3, Storz Ophthalmics, lnc, Park Place IGrand Reserve at Park
Place Limited Partnership)(CA)
Water Main & Ingress/Egress Easement - Wellington Apartments, 2900 Drew Street lnext to
Eisenhower School!, Sec. 8-29-16 (TWC Ninety-Four, Ltd.)lCA)
19.
20.
21.
22.
23,
24.
25.
26.
27,
OTHER ITEMS ON CITY MANAGER REPORT
28. First Reading Ord. #6531-98 - Relating to
purchasing; amending Secs. 2,547/ 2.564 &
2.624/ and deleting Secs. 2,602-2.608 (FN)
29, Second Amendment to license Agreement
for Alexandra of Clearwater Beach, Inc" and
Termination of Lease Agreement with
Keramista, Inc, d/b/a 8eacl1 Diner
28. Approved. Ord. #6531-98 passed 1 st
reading.
29. Approved.
11/19/98
3
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30, Contract to Pinellas Press for printing of
Clearwater Magazine for $120,000/ and
approve funding increase of $12,000 for
Clearwater Magazine for current fiscal year to
cover increased costs due to production and
printing of new mailing list of 55/000 (peM)
31. Approve continued participation in joint
venture to study providing Emergency
Medical Services (EMS) transportation
services throughout Pinellas County/cost not
to exceed $38,000 (FD)
32. Contract for purchase of real property with
,The Salvation Army, 900 Pierce Street,
Coachman Heights Revised Sub., Blk A, west
100' of south 20',' m.o.I, of Lot 3 and west
100' of Lot 4 less streett for $100,000 plus
est. expenses of $12,000 for environmental
audits & $1,875 for boundary survey &
closing costs, for total not to exceed
$113/875 (PW)
33, Agreement with Harvard Jolly Clees Tappe
Architects, Inc" for basic ($828/750) &
additional ($275,614) architectual and
engineering services for new Main library, for
total $1,104/364 (PW)
34. Cl,ient Agency Agreement with Florida
Department of Management Services,
Facilities Development Division, for Program
Management Services for new Main library,
$170/626 (PW)
35. Res. #98-58 - Authorizing execution of
Highway Landscape Maintenance
Memorandum of Agreement with FOOT for
beautification of pilot corridor along SR60
(Gulf to Bay) to be performed by City (PW)
36, Other Pending Matters
30. Approved,
31, Continued.
32. Approved,
33. Approved first phase for schematic study in
an amount not to exceed $161,000,
34. Approved $17,000 for Florida Department of
Management Services to assist in first phase.
35, Approved, Res. #98-58 adopted.
36, None.
CITY ATTORNEY REPORTS
37, Res. #98-57 - Demolition Lien - 1108 N. 37. Res. #98-57 adopted.
Greenwood Ave" Greenwood Manor, Lot 4
less road and part of Lot 5 (Raybon R. Curtis,
Alvin G. Curtis)
38, First Reading Ord. #6350-98 . Relating to 38. Ord. #6350-98 passed 1 st reading,
Beautification Committee. amending Sec.
2.102 to reduce number of members from
nine to seven
11/19/98 4
39, Other City Attorney Items
39. Attorney-client session scheduled for 12/7/98
at 9:00 a.m. for Timm v City,
40. City Manager Verbal Reports
City Manager reported Sam's Club has received a $300 grant for the GulfwTo-Bay corridor
improvement project.
41 . . Commission Discussion Items
a) Referendum requirement for revenue bond issues - Eliminated provision.
b) Taking position re Pinellas County Charter Revisions re increasing County Commission
membership & future revisions not going to State Legislature - Continued to 12/10/98,
42. Other Commission Action
Clark'thanked Linda Smith and Clearwater High School students tor their warm hospitality &
good questions. Mayor Garvey agreed bringing government to children is exciting and hoped a
~eacher would sponsor government week.
Hooper thanked Duke Tieman and the South Greenwood group tor inviting him to their dinner last
night.
, Garvev reported she will be unable to attend the 12/2/98 Mayor's Council meeting and
announced Farmer's Market downtown on Saturdays,
,Seel provided a MPO update, stating $2.5 million was budgeted for a multi-modal facility, and
$57 million was allocated for right-ot-way in the Links Project on Courtney-Campbell Causeway.
She will continue to track and report.
43, Adjournment - 11 :58 p.m,
11/19/98
5
~lA.
CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
Mayor and Commissioners .C)
Cynthia E, Goudeau, City Clert:;/
Follow up from November 16, 1998, Work Session
FROM:
SUBJECT:
COPIES:
MichaelJ. Roberto, City Manager;
DATE:
November 18, 1998
Follow up information is provided in final agenda order:
Item # Sc, - the Midland companies Art donation will be postponed until December 10.
Item #10 - Reciprocal Easements - the map is attach,d. ~ \-\-h. "\-k.VV'\ '
Item #17 ~ Physicals - The Fire Department estimates 160 annual and 18 pre-employment
physicals. Human Resources estimates 300..400 pre~employment physicals per year. The contract
with Lakeside Occupational also includes Police annual physicals, substance testing and workers'
compensation examinations, The contract with Doctor's Walk-in for firefighter annual physicals is
almost as much as the contract for the remaining employees because the firefighter physicals are much
more in~depth including tests required by OSHA,
Item #18 ~ Assessment and remediation of orphaned and abandoned sites - The anticipated costs
for the three projects are: $125,000 for 1108 N. Greenwoodj $70)000 for 904 Pennsylvania; and
$30,000 for 1498 $, Greenwood. See 'lrtt..ched uescriptions of the prOjec~he property on S.
Greenwood will be used for a police sub station and a neighborhood family center. -tJ . \_
W l'T'" \~""'"
Regarding the letter from The V,S, Conference of Mayors referenced by Mayor Garvey, the
Conference of Mayors and the Federal Horne Loan Bank have formed a partnership to assist
Brownfields Projects with financing. We have submitted a proposal for a potential pilot project and
are a finalist, The Federal Home Loan Bank will meet with us to discuss ways to support innovative
financing. If selected, this could provide good financing for projects,
Item #21 - Clearwater Adult Education Center - The total amount paid for the Job Skills
Center during Fiscal Year 97/98 was $61,378.
Item #29 - Beach Diner Termination and Amendment to Pier 60 Concession - The parking
spaces allotted to the Pavilion on the beach requires the City to provide nine employee spaces, Due to
the configuration of the lot) there are actually ten spaces provided.
~~ . wH~i,km
Item #30 ~ Clearwater Magazine ~ Copies of prmtmg bids are attached, See attacked
memorandum re cost savings from discontinuance of other newsletters. w~rt<, i4c.W\.
Item #31 - Emergency Medical transportation Services - the timeline provided for response to
the County's RFP does not appear to allow enough time for the proposal to be brought to the
Commission. The Fire Chief will be meeting with the City Manager regarding this on Thursday,
Item #32 . 900 Pierce Street ~ The $121,000 for environmental audits of this property is for
Phase 1 only.
Item #33 ~ Library Architects - the agreement and the curve depicting percentage rates in
conjunction with cost -t! att<lched, . . \ '-'.f . \ ~ \,,_
a. (" e.. V""' \ \...... '"'TV .. - ..
Item #34 ~ Management Services Agreement ~ the agreement is.attllched. vJ~ ~\~y......"
Item 41 - Discussion Items ~ Referendum requirement for revenue bonds and County Charter
Revision have been added as discussion items.
Miscellaneous:
The Aggressive Driving Grant did not include a budget amount for training. There are
currently four certified instructors in~house; these officers will be utilized to train the three new
members of the unit.
The old Beach Police Sub-station, which had been donated by Mr, Vanech, is currently being
used, to park 'PO vehicles, The city is considering sale of the property and applying the proceeds to
the new beach sub-station. However, the trustees of Mr. Vanech's estate must approve the sale and
the prominent display of Mr. Vanech's name on the new facility. When the City has a site and design
for the new facility this will be provided to the trustees' attorney for their and circuit court approval.
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CI T Y OF C LEA R W ATE R
Interdepartmental Correspondence
TO: ' Mayor Garvey
FROM: Sally Thomas, City Clerk Specialist
SUBJECT: Invocation
COPIES: Cynthia Goudeau, City Clerk
DATE: Novem~er 19, 1998
, Tonight's invocation 'will be offered by Dr. Dennis MacAleer, Trinity Presbyterian
'Church, 2001 Rainbow Drive, Clearwater, FL 33765
3rd time for this church this year H 1 st two were offered by Dr. Harold Bowman
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(8
Worksession Item #:
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item /I
Meeting Date: 11116/98
11119/98
SUBJECT/RECOMMENDA TION:
The following employees be presented with service awards for their length of service in the employment
of the City of Clearwater.
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
5 Vears
Catherine Borden
Samuel Dukes
WlIIlam Kraft
Mary Wood
Gregory Burton
Mark Hannah
John Cole, Jr.
Michael England
, 0 Years
Ronald Reist
Loretta Keating
Jose Reid
Bryan Makowski
Faye Wilkinson
Gerald Peer, Jr.
Stephan Hole
Elizabeth Alvarez
Anne Downes Blackburn
RevIewed by:
Legal
Budget
Purchellng
Rllk Mgmt,
IS
ACM
Other
NA
NA
NA
NA
NA
NA
NA
Submitted by:
City Manager
o Printed on recycled paper
15 Vear3
Kenneth Szuba Gas
PWA
PWA
Marine
PDS
Parks & Recreation
Solid Waste
Solid Waste
Marine
20 Years
O'Neal Larkin, Jr. Parks & Recreation
25 Vears
~obert Maran
John Berrien
James Pyatt, Sr.
Marine
Police
Police
Police
Police
Police
Police
Police
Fire
Originating Department:
HUMAN RESOURCES
Costs:
$
Total
User Department:
Current FIIlCIII Yellr
A dvertlled:
Date:
Funding Soured:
o ClIpltllllmplOvoment:
o Operllttnll:
o
Othlr: PensIon
Paper:
o Not RequIred
Affected Parties:
o Not/fled
o Not RequIred
Appropriation Code
PWA
PWA
General Support Svcs,
Commission Action:
o Approved
o Approved w/Condltlon.
o Denied
o ContInued to:
Attachments:
o None
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TO:
Rita Garvey, Mayor
FROM:
Betty Blunt, Conlldential Clerk
I :
'copms: City Comml~oners, Michael Roberto, Cyndie Goudeau
SUBJECT: Presentation at the November 19, 1998 City Cornmis.c;ion meeting
DATE: November 19,,1998
Th~ following presentation will be made at the November 19, 1998 City Commission meeting.
J 10 years '
Loretta Keating, Police Department (letter of appreciation, wall clock)
.i Stephan Hoie, Police Department (letter of appreciation, wall clock)
J EUzabeth Alvarez, Police Department (letter of appreciation, wall clock)
PRESENTATIONS
Brad Varnum, City of Clearwater Utilities We care Fund
Louise Crowder-Meri, NorthWard Elementary School Partnership Program with the City of
Clearwater
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P fZ -1-
Clearwater CIty Commission
Agenda Gover Memorandum
Wur~~e.J![o.. UI;lH N.
Final Agenda Item #
Mcelfng Date:
e
lL.Ll.:J1
SUBJECT/RECOMMENDA liON:
Provide dil'ection to staff regarding Capital Improvement Project 3296, "Clearwater Beach Family
Aquatics Center;"
~ and that Ihe appropriate officials be authorized 10 execule same.
SUMMARY:
. In December of 1997, the bids for the Clearwater Beach Family Aquatics Center exceeded budget uy
approximately $200,000. At that time, staff was directed to seek other options.
. The following options were explored:
1. Delay the project
2. Eliminate the project and reallocate funds
3. Construct a pool for $500,000
4. Construct a water playground ($250,000 to $500,000)
5. Construct an interactive fountain ($250,000 to $500,000)
. Upon reviewing the options, staff made a decision to delay the project until additional information
could be gathered, as it relates to NOne City. One Future".
. However, some citizens and other interested parties continue to lobby for the construction of a
$500,000 pool on Clearwater Beach. Therefore, staff is requesting City Commission direction on the
various options relating to this project.
. Operating costs and potential revenue projections for options 3, 4 and 5 are as follows:
Annual Operating
$500,000 pool (Apr.-Oct.) $98,000
Water playground $30,000
Interactive fountain $30,000
Start Up Costs
$33,000
$ 0
$ 0
Revenue
$1 ~,OOO *
$ 0
$ 0
* Based on historical data from Morningside Pool.
Reviewed by:
Legal N/A Info 5IVC
Budget ~ Public Works
Purchasing "-"NI A DC,wACM
Risk Mgmt N/A Other
N/A
N/A
Originating Dept.
Parks & Rccreat! n
User Dept.
Parks & Recreation
Attachments
Costs
Total $518,642
t'
Funding Source:
Current FY CIP X
OP
Other
Submitted by:
City Manager
Printed on recycled paper
o None
A ro riatloll Code: 315.93296
Rev. 2/98
11/13/1938 13:55
727%24825
CUoJTR PARI<S At III PEI~ b.. \.A . +U( P~E 02
.,
Clearwater City COmoUSSiOD
Agenda Cover Memorandum
Muting Dlt.:
SUBJECT: Clearw8t~r Beech Family Aquetlcl Center (98.4)
Jr.
RECOMMENDAnON/MOnON: Award 8 contrlct to conatruet the Femily Aqu,tlcl Center (bid #98~4) to
Oakhurst Construction Company Inc. for .656,783 which include. base bid and alternatos '1,4 &. 5;
.pprove II aubsoquent Chang, ordor doduct in th. amount of '32,670, and approve the trenlfer of '39,680
from recreation facility Impact foss .nd f180,598 at first qu.rter from other cephal improvement projects,
.... .nd that the 'DPtoptiata oUielal1 btI luthorltecJ to exeeute "me. L
BACKGROUND:
. TN. 8quatic facility Is designed to Include traditional .wirn lInea .. well II mini wlter perk amenitlsl.
".... do~lgn, budget end scope of the nrojnet waS determined Iftur getting citizen (nput It two pubfic
mestings and subsequont budget he.rings with the City Comml...lon where ataff was directed to proceed
wIth the advertising end bid procel' to determine actulJ construction CO.tl.
. Tho overall low bid wes .710,783. This represented. baN bid of '838,283 and .74,600 for the
water park amenities which were bid as alternates. Thl. totel;8 '210,783 mOle then the cur;snt budget.
. St.'f recommends that .everel items Including '4,000 f04" tho pool heetlr b4t vlrued ,n"(Offered out of
the contract whlch tots I .32,670. Additionally. atlff iQ recommending that Ilt,met.. I' raindrop, '4
lemon drop GpraVS and #5 funbren. be included in the contrect; thet alternatel:J for the drop slide be
purchased directly by the city for .21,985 which Is '8,015 Jess than contractor; that alternate '2 thl
kiddie slide not be purchased at this time; and that .&4,000 be ..t eelde for contingency and other
items.
. m. project is financially summarized aa follows:
sa.. Bid 638,283
Alternate. " 4, It 5 20,&00
Vefuo Engineer reductions .a~.870
Auvised contract amount etter doduction. 824.113
City coa' to purchase IIlternot. 13 21,885
Conting.ncy f'4.ooo
Totelrevind project coat 700,098
Available budget -500.000
Shortfall 200,098
. If approved, the shortfiU will be funded from CIP proJeott 3298 Picnic Sheltor. .72,991, 3249 New
Parking Lot .24,000, 3230 Pfeyground Roplacornent '40,000, 3297 Cooper'. Bavou Park .23,607 and
from .39.680 of Recreation Facility Implct Fall.
. An option to this recommendation Is to reJect bid ,end eellocatl funds to other projects.
ftovJ.wed by: C ConwnlItbt AcUor1:
uall HIA . ",7'" 0 AHr0w4
~, T.uI D Ap~ WJCtlfMfJdOM
Pwth_Jn, ...,. C DMH
IUsk UVrfll. N/A Currtn' fie_ v.. 0 C4)n1!nue4 te:
18 N/. Funding Gour~:
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Affllt1td Pard".
a Ho-dfted
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ApproptfItJon CoM
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CLEARWATER BEACH SWIMMING POOL
We the undersigned would like our pool back We would like the pool for
arthritic programs, swimming lessons, swim meets and aerobics for young
and old, THIS POOL WAS PROMISED! NOT A WATER PARK
Name
Address
Age
/
~,q1
- .,: ,', fI.'- .
-
CLEARWATER BEACH SWIMMING POOL
We the undersigned would like our pool back We would like the pool for
artpritic programs, swimming lessons, swim meets and aerobics for young
and old. THIS POOL WAS PROMISED! NOT A WATER PARK
Name
Address
Age
III "'.'1 I' .~ SO
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'. ,
., - .,
CLEARWATER BEACH SWIMMING POOL
We the undersigned would like our pool back We would like the pool for
arthritic programs, swimming lessons, swim meets and aerobics for young
and old. THIS POOL WAS PROl\tIlSED!
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We the undersigned would like our pool back We would like the pool for
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CLEARWATER BEACH SWIMMING POOL
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CLEARWATER BEACH SWIMMING POOL
We the undersigned would like our pool back We would like the pool for
arthritic programs, swimming lessons, swim meets and aerobics for young
and old, THIS POOL WAS PROMISED! NOT A WATER PA~
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Clearwater City Commission
Agenda Cover Memorandum
WBrI(~QaiOl~ 11{11n~
Meeting Date:
~
~
Final Agenda Item It
SUBJECT/RECOMMENDA TION:
Approve the Development Code and pass Ordinance No, 6348-98 on first reading.
(g] and thallhe appropriate officials be authorized 10 execute same.
SUMMARY:
The City's consultant, Siemon, Larsen & Marsh has completed the official draft of the City's new Development
Code, to replace the existing Land Development Code. The new code has been reviewed by many citizen
groups, neighborhood and professional organizations, including local engineering, architectural,
contractor/builder and realtor associations. Comments and suggestions have been incorporated into the
proposed official draft.
The new code has been developed to provide land development regulations that address the needs of the
community into the next century and are intended to provide direction for redevelopment and new
development. The new code also is intended to streamline the development process and provide
predictability and flexibility in a manner that creates adequate safeguards for surrounding properties and
neighborhoods.
The new code is being reviewed and public hearings were cOlJducted by the City's Planning and Zoning ,
Board on November 3, 1998 and November 17, 1998 and the Development Code Adjustment Board on
November 12, 1998. Their recommendations will be forwarded to the City Commission for the meeting on
November 19, 1998.
The proposed official draft of the new code is available for review in the City Clerk's Department.
I'
Public WorJ.:s
DCM/ACM
Originating Dept: Costs
N/A Planning and e elopmcnt Tolal
Services
N/A User Dept. Funding Source:
Pianning~ Current FY CI
Services
N/A Attachmenls or
...i\ Ord. No. 6340-98 Other
o None A ro riation Code:
Rev. 2/90
Reviewed by:
Legal -M-
Budget N/A
Purchasing N/A
Info Srve
Risk Mgmt N/A Other
Submitted by:
City Manager
Printed on recycled paper
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ORDINANCE NO. 6348~98
AN ORDINANCE REPEALING THE 1985 LAND DEVELOPMENT
CODE OF THE CITY'OF CLEARWATER, FLORIDA. AS AMENDED,
AND REPEALING ARTICLE VII OF CHAPTER 2, CODE
ENFORCEMENT, CHAPTER 20 NUISANCES. OF SUBPART A OF
PART II OF THE CODE OF ORDINANCES; CHAPTER 35
GENERAL PROVISIONS, CHAPTER 36 ADMINISTRATION AND
ENFORCEMENT, CHAPTER 37 ANNEXA TrON, CHAPTER 38
RESERVED, CHAPTER 39 CODE TeXT AMENDMENTS.
CHAPTER 40 ZONING. CHAPTER 41 SPECIAL LAND USES,
CHAPTER 42 UNIFORM DEVELOPMENT REGULATIONS,
CHAPTER 43 SITE PLANS. CHAPTER 44 SIGNS. CHAPTER 45
VARIANCES. CHAPTER 46 SUBDIVISION AND CONDOMINIUM
PLA lTlNG, OF SUBPART 8 OF PART II OF THE CODE OF
ORDINANCES, AND REPEALING CHAPTER 50 LAND
DISTURBING ACTIVITIES, SECTIONS 52,01, 52.02, 52,03. 52,04,
52,05, 52.06, 52.07, 52,31, 52.32, 52.33, 52.34, 52.35. 52.36, 52.37,
52,38 OF CHAPTER 52 TREE PROTECTION; CHAPTER 53
MARINE IMPROVEMENTS; CHAPTER 55 DOWNTOWN
PROPERTY STANDARDS; AND ADOPTING A NEW LAND
DEVELOPMENT CODE TO BE KNOWN AS THE DEVELOPMENT
CODE OF THE CITY OF CLEARWATER WHICH PERTAINS TO
THE ESTABLISHMENT OF ZONING DISTRICTS APPLICABLE TO
ALL LAND WITHIN THE CORPORATE LIMITS OF THE CITY,
AUTHORIZED USES WITHIN EACH ZONING DISTRICT,
DEVELOPMENT STANDARDS FOR ALL USES. DEVELOPMENT
REVIEW PROCEDURES. REGULATIONS CONCERNING
NONCONFORMITIES, TRANSFER OF DEVELOPMENT RIGHTS.
CODE AMENDMENTS, ZONING ATLAS AND LAND USE PLAN
AMENDMENTS; ESTABLISHMENT OF A COMMUNllY
DEVELOPMENT BOARD; RESPONSIBILITIES OF CODE
ENFORCEMENT BOARD AND COMMUNITY DEVELOPMENT
BOARD; NOTICE AND HEARING REQUIREMENTS; THE
PROVISION FOR THE ADMINISTRATION, INTERPRETATION
AND ENFORCEMENT OF THE DEVELOPMENT CODE;
PROVIDING 'FOR THE SEVERABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR THE PROPER NOTICE OF
PROPOSED ENACTMENT AND TO PROVIDE PENALTIES FOR
THE VIOLATION OF THE DEVELOPMENT CODE; AND
PROVIDING AN EFFECTIVE DATE.
Ordinance No. 6348-98
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VVHEREAS, on November 3, 1998, the Planning and Zoning Board, as the
designated local planning agency of the City for the purposes of and as required by the
Local Government Comprehensive Planning and Land Development Act, after proper
public notice, held a public hearing on the proposed new Land Development Code for
the City of Clearwater ("Development Code") and submitted its recommendation
thereon to the City Commission;
WHEREAS, on November 19, 1998, the City Commission of the City of
Clearwater, after proper public notice, held a public hearing 011 the Development Code
in accordance with established procedures;
WHEREAS, the City Commission has fully considered the recommendations and
report of the Planning and Zoning Board and City staff and testimony submitted at its
public hearing relative to the proposed Development Code; and
WHEREAS, the City Commission has determined that this Development Code is
consistent with the City's Comprehensive Plan and that it is in the best interests of the
citizens of the City of Clearwater to adopt said Development Code; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following provisions of the City Code of Ordinances are hereby
repealed in their entirety: Article VII of Chapter 2, Code Enforcement, Chapter 20
Nuisances, of Subpart A of Part II of the Code of Ordinances; Chapter 35.General
Provisions, Chapter 36 Administration and Enforcement, Chapter 37 Annexation,
Chapter 38, Reserved, Chapter 39 Code Text Amendments, Chapter 40 Zoning,
Chapter 41 Special Land Uses, Chapter 42 Uniform Development Regulations, Chapter
43 Site Plans, Chapter 44 Signs, Chapter 45 Variances, Chapter 46 Subdivision and
Condominium Platting, of Subpart B of Part " of the Code of Ordinances; Chapter 50
Land Disturbing Activities, Sections 52,01, 52.02, 52.03, 52,04, 52.05, 52.06, 52.07,
52,31, 52.32, 52,33, 52,34, 52,35, 52,36, 52,37, 52,38 of Chapter 52 Tree Protection;
Chapter 53 Marine Improvements; and Chapter 55 Downtown Property Standards.
Section 2. A new Land Development Code of the City of Clearwater, 1998, to
be known as the Development Code, to be codified as Subpart B of Part II of the City's
Code of Ordinances, is hereby adopted to read as set forth in Exhibit A to this
ordinance, which exhibit is incorporated in this ordinance as if fully set out herein,
Section 3. The City of Clearwater does hereby certify that the Development
code is consistent and in conformance with the City's Comprehensive Plan.
Section 4. Should any part or provision of this ordinance be declared by a court
of competent jurisdiction to be invalid, the same shall not affect the validity of the
ordinance as a whole, or any part thereof other than the part declared to be invalid.
2
Ordinance No. 6348-98
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Section 5. ' Notice of the" proposed enactment of this ordinance has been
properly advertised In a newspaper of general circulation in accordance with applicable
law,' ' ,
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Section 6, The provisions of this ordinance shall take effect forty-five days after
passage.
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PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form: '
\'
pa~ Akin, City Attorney
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Rita Garvey, Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
3
Ordinance No. 6348-98
1
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Planning and Development Services Administration
Interoffice Correspondence
TO: '
FROM:
Mayor and City Commisso n
Michael Roberto, City Ma a
SUBJECT: Board Recommendations - Community Development Code
cc: Lorenzo Aghemo, Administrator of Planning and Development Services
Ralph Stone, Planning Director
Cyndie Goudeau, City Clerk
Pam Akin, City Attorney
l
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DATE:
November 19, 1998
The following information provides a listing of the recommendations on the
proposed Community Development Code that have been made by the Planning and
Zoning Board, the Development Code Adjustment Board and the Environmental
Advisory Board.
Planning and Zoning Board
On November 3, 1998, the Planning and Zoning Board conducted a public hearing
and reviewed the proposed Community Development Code. The Planning and
Zoning Board recommended that the Land Development Code be APPROVED as
drafted, with the exception of parking, landscaping, signs and TDR's (transfer of
development rights), which would be reviewed at the Board's November 17, 1998
meeting. On November 17, 1998 Mr. Charlie Siemon gave a brief update on
possible changes to the new code as discussed at the City Commission workshop on
November 16,1998. These items included elimination of "granny apts." in single
family zoning districts, six foot solid walls in front yards of residential districts, and
more opportunity for adjacent property owner appeals to the Board, The Planning
and Zoning Board then discussed and took the following action:
. Transfer of Development Rights (TDR's) - APPROVED, as recommended by Mr,
Siemon, transfers within same zoning districts or lower density or intensity to
higher density zoning districts. Transfer would be limited to a geographic
boundary of one mile and be convertible from density to non-residential FAR or
vice versa based on ITE (Institute of Traffic Engineers) trip generation tables.
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. Landscaping. APPROVED as recommended in the draft code.
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. Parking - APPROVED as recommended in the draft code,
. Signs - APPROVED as recommended by the draft code. However, there was
concern that the general business community did not fully understand the
significance of the new regulations. Mr, Sieman advised the Board that the
regulations did not require amortization and would only apply if redevelopment
occurred on a site.
. Neighborhood Conservation District-APPROVED However, the Board expressed
concern regarding special regulations being used to enforce what otherwise
would be enforced through deed restrictions. The Board felt that this proposal
has potential problems ranging from dissension within neighborhoods to
possible equal protection concerns to problems of enforcement and passed the
following recommendation: The City Commission only adopt such a provision if
strongly constrained by high threshold criteria for any implementation. Such
criteria should include high public purpose and be permitted only when
characteristics of a geophysical, historic, cultural, or other unique quality of a
neighborhood needs to be preserved for the benefit of the city at large, In the
absence of such uniqueness, neighborhood restrictions and their enforcement
should continue to be addressed through private deed restrictions.
Development Code Adjustment Board
On November 12, 1998, the Development Code Adjustment Board held a public
hearing on the proposed Community Development Code. The Development Code
Adjustment Board decided to take more time to review the new code and
CONTINUED the item until their regularly scheduled meeting on December 10,
1998.
Environmental Review Board
On November 18, 1998, the Environmental Review Board reviewed the proposed
Community Development Code and made the following recommendations:
Walls-recommended that solid walls be utilized to buffer commercial sites from
adjacent residential properties.
Sea Turtle Lighting-recommended that the regulations control the amount of light
tha.t can occur in sea turtle nesting areas such as found on Clearwater Beach.
Tree Bank-recommended that in addition to using the Tree Bank to fund tree
replanung, that funds also be allowed to be used for environmental enhancement.
[~ PINELLAS PLANNING COUNCIL
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COUNCIL MEMBEFiS
o ~
November II, 1998 t~ :.;/ 1 3 1998
CommlssJoner K818n Brayboy, Cnm.
ouncllmember Robert Kersteen. Vice Chm,
Councilmember Chuck Williams. Treas,
Mayor Tom De Cesare, Sec.
Schoo18oard Member Lee Benlamin
Mayor David Coyner
Commissioner Jean Halvorsen
Commissioner Janet Henderson
CommlssJOI'1or Ed Hooper
Mayor George M. Jlrotka
Commissioner Nadlne S. Nickeson
Commissioner Robert B. Slewart
, Councllmember Babe Wright
David P. Healey, A1CP
Executive Director
Mr, Lorenzo Aghemo, Administrator
Planning & Development Services Department
City of Cleanvater
P.O. Box 4748
Clearwater, FL 33758
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CITY Of: clEARWATER
RE: Review of Proposed Community Development Code for Consistency with the
Countywide Rules
,L.,r('''~
Dear M~Aghemo:
Please find enclosed our review and findings pertaining to the City of QeaIWater
Community Development Code (Proposed Official Draft) dated October 15, 1998 per
your request of October 28, 1998. These findings have been prepared pursuant to the
Rules Concerning the Administration of the Countywide Future Land Use Plan ("Rules")
with respect to the consistency requirements of the Rules as they apply to the City's
proposed Community Development Code ("Code"),
As a means to assist your review and consideration of the accompanying findings, I
thought it useful to identify the following principal points which I believe help
summarize and put the accompanying findings in their proper context:
1. The current City of Clearwater Comprehensive Plan and Land
Development Code were determined to be consistent with the Countywide
Plan and Rules and a formal Determination of Consistency was issued in
1994 (CountyWide Planning Authority Resolution No. 94.212).
Considerable effort was expended and specific amendments were made to
both the City and Countywide plans and regulations to achieve
consistency. This consistency has been maintained to date and would be
seriously compromised if the new Code was adopted as proposed.
14 SO, Ft HARRISON AVE,. SUITE 3010 · CLEARWATER, FLORIDA 33756
TELEPHONE (727) 464.3855 · FAX (727) 464-3827
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Page Two
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2.
It would appear premature to adopt the proposec! CommunitY
Development Code prior to it being rendered consistent with the City's
own Comorehensive Plan. Chapter 163.3194. Part II. F.S.. requires "that
the plan and land development regulations be consistent. The State legal
requirement aside, to adopt the proposed Code. absent its reconciliation
with your own Plan. would create an administrative morass, requiring
virtually every development request to be reviewed against two separate
City standards to detern1ine the applicable regulatory provision. Where in
conflict. thf' PI:m must orevaiI. which woul~ render the, Code prpvisions .
moot.
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3. Separate and apart from the internal inconsistency between your current
Plan and proposed Code, the proposed Code is inconsistent with the
Co~~tywide Rules, Specifically, as detailed in the accompanying findings,
the proposed Code is inconsistent in multiple and significant ways with at
least four of the seven criteria for consistency, These inconsistencies, while
significant, can be reconciled if you will work with us to do so.
I respec'tfully request the City reassess its schedule for fonnal consideration of the
proposed Code and allow tor an opportunity to address the inconsistencies referenced'
above and more specifically set forth in the attached findings.
In requesting the City's consideration of the concerns we have raised, please be assured
that I suppon the City in its attempt to revamp the land development regulations in the
comprehensive and forward-looking fashion you have undertaken, The effort to better
organize the regulations so as to be more user-friendly. to streamline procedures, and to
make the Code more flexible is commendable. and I believe can be achieved, while still
maintaining consistency with our countywide planning process.
I will be happy to meet with you, your consultant and the City Commission to explain
our findings, and more importantly, to reach mutually acceptable means by which to
resolve the inconsistencies.
I have attached for your infonnation and consideration a copy of Div, 3.4 of the Rules
which stipulates that a local government shall not adopt land development regulations
until the issue ot conslstt:ncv has oeen resolved, as well as the."pX9..Y.l$lQn~ for appea:t
sfiouJd the City disagree with the attached findinJts,
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Thank YOll fo'r the opportunity to review your proposed Code and I look forward. to
working with you to address t~e matters outHned herein. .
S incerelv t
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cc: Commissioner Ed Hooper, Pinellas Planning'Council Representative
Mr. Michael Robertot City Manager
1:\l:SERS'WroocS'.orH\NO\'98CORI:lCI.WCODE.I.TJl, ,
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DIV.3.4 SlJBSEQlJENT AMRNDMENTS.
SEC.3.4.1 LOCAL GOVERNMENT AMENDMENTS. REQITTRED PROCEDURES.
. . ... ...
Local fublrC land use plan and l8.Qd development ~gu1a1ion amendment!. other than land use
plan DUlp amcndmcou. which deal with any matter addressed by ihe c:ritcrta and standards set
forth lD Article 4 ot these Rules and whIch arc proposed. to be adopted by the local government
subscquc:D1 to I Determination of Coosistcney shall utU.l.ze the process set forth herein In order
to 3SSUJ'C that cooslste:lcy. once established, II mftlniiliiCd. - L.iJCal1\Iture land use plan map
amendments' which require a corresponding fLUP map amendment shall be processed as set
fonh in Article S of these Rules.
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3.4.1.1
LO~Rl ("rOve:mm4!ot Re:rerTBI. Ameodmcnts to local future land use plans and local land ~
development rcguImioos which relate to and are govc:mcd by the criteria and standards in Article
4 ofthesc Rules shall be submitted by the local government to the PPC not less than twenty-one
(21) days prior to the lnltIal p.sbllc hearing by the govcmIng body.
All such amendment.! shall have been reviewed by the local govemment with jurisdiction to
detem1inc the COll$i5teocy of said ~nvonAnYnt(s) with these Rules; and the submission to the PPC
shall include an aflirmBtivc declaratioo that me amendment has beei ddCimhiCd'to be' eonsIsteri."C
with lhe-~~~ Conccmlng the Adiiiti1IStiiil9ii~o(jhC~,C9WiiYwidc FUture umdl1se 'Plan.Jn'
'.paitiCUlar ArtIcle 4. Plan Criteria and Sla;11dards, ~r...
3.4.1.2
PPC Staff' Revfew. 1bc PPC staff sbBlI. within fifteen (1S) days of the receipt of such proposed
amendmcn~ notify the local government if such amendment Is DOt consistent with the criteria
contaiacd In these Rules. Abscm such notlflcation, the local govcmment may proceed to adopt
such amendment.
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3.4.1.3
If notified by the we staff that such amendment fa not consistent with the aiteria contained In
these Rules. the local government sIWl be given an opponunlty to COntCt the inconsistency or
request a dctem1inatioo. by the PPC and CPA prior to adoption of the local ordinance. However.
such amendment shall not be adopted by the local govcrnmem until the Issue as to the
consistency of the proposed amendment has been recoociled p1JJ'SU8Dt tJ] thIs Division.
Recordln( With the PPC. Upon adoption by the local government. A final copy of the
ordt031lCeo and any such subsequent codification thereof, for all such amendments shall be med
with and maintained by the PPC.
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Countywide Plan awe.
3-6
March 16. 1998
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SEC.3.4.2 APPEAL OF STAFF DETERMINATIOli.
3.4.2.1
3.4.2.2
, 3.4.2.3
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Appeal to the PinellA!!: Pfann[n: Council, If the loe'aI government disputes the PPC staff
intapreuu.lon, they may request the PPC 10 review the subject amendment. The PPC will review
the staff' and loeal govemment positions at a pubUc meeting and make a recommended
determinatlon concemlng the consistency of the proposed amendment. If found consistent by
the ppc. the local government may then adopt the proposed local amendment.
If the PPC concurs with staff and finds the item inconsistent. such amendment shall not be
adopted by the local government.
APpeal to the Countywid~ Pfannlnr Authority. If the local government disputes the',
determination of the PPc. they may appeal such determination to the CPA. If the CPA
detcnnlnes the amendment to be consistent by a majority plus one vote afthe entire CP~ the
local governmcm may then adopt the proposed amcodment. If the CPA agrees with the PPC and
determines the amendment Dot to be consistent. such l!Ullendment shall not be adopted by the
local government.
Adm[nl~tive HPJlrinl:- If the local government disagrees with the determination of the CPA.
the local government may petition for ndmh:Jisttative bcarii1g under and pwsuant to the Capter
120. F.s. adminIstrative It.earing ~ as AUthorized in Clapter 88-464. Laws or Rorid!. as
amended. A fmal decision shall be rendered by the CPA following ,any J!rlmini~tratIve hearing
based upon the findings of fact or the hearing officer.
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Countywide Plan R.uk:I
Man::b 16, 1998
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Review of Proposed City of Clearwater Community
.
Development Code Dated October 15 J 1998 for
Consistency with the Rules Concerning the Administration
of the CountV\vide F~ture Land Use Plan
INTRODUCTION
Pursuant to Divisions 3.4 and 4,1 of the Rules Concerning the Administration of the
Countywide Future Land Use Plan (URules"). all local government future land use plans
and land development regulations shall be consistent with the plan criteria and standards
of the Rules. The City's current future land use plan and land development code were
deemed consistent with the Rules in accord with the Determination of Consistency
rendered through Countywide Planning Authority Resolution 94-212 approved on August
2, 1994.
Council staff has reviewed the proposed code amendments for consistency with the specific
criteria by which consistency of the local future land use plans and land development
regulations shall be judged, and these include the following sections of the Rules:
. Section 4.2.1 - Nomenclature;
. Section 4.2.2 . Major Plan Oassifications and Plan Categories/Continuum;
. Section 4.2.3 - DensitylIntensity Standards;
. Section 4,2.4 - Use and Locational Characteristics;
. Section 4.2,5 . Map Delineation;
. Section 4.2.6 - Other Standards; and
. Section 4.2.7 - Special Rules
Each of these criteria is identified and examined by Rule section number and title below,
SECTION 4.2. NOMENCIATURE
Description - This requires the names or titles of local plan categories to be the same as
the Countywide Plan categories.
Evaluation ~ The City plan categories are not proposed to be amended as a function of the
proposed code and therefore there is no consistency issue with this criteria,
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Conclusion. The proposed code does not invoke this criteria and the P~any~~ould remain
consistent with respect to the nomenclature requirement.' .
SECTION 4,2.2 MATOR PlAN CIASSIFICATIONS AND PLAN
CA TEGORIES/CONTINUUM
Description. This requirement establishes major plan classifications under which each
local future land use plan category shall be placed and establishes the hierarchy of plan
categories within, but not between, major plan classifications,
Evaluation. Again, this criteria applies only to the City's future land use plan which is
not proposed to be amended and therefore, as long as the amended zoning categories are
aligned with the proper plan categories" there is no consistency issue with this criteria,
Conclusion. The proposed code does not invoke this criteria directly; however the future
land use plan does not reflect the new zoning categories that ~ill be required to be properly
aligned with the plan classification and category hierarchy.
SECTION 4,2.3 DENSITYIINTENSI1Y STANDARDS
Description . The local future land use plan and corresponding land development
regulations must specify density/intensity standards and shall be considered consistent if
those standards are equal to or less than the density/intensity of the corresponding
Countywide Plan category. At a minimum, local future land use plan and regulatory ,
standards must include the following:
· Residential. Dwelling units per gross acre;
· Residential Equivalent. Equivalent beds per dwelling unit and impervious
surface ratio;
· Non-Residential - Impervious surface ratio and floor area ratio;
· Transient Accommodation - Transient accommodation units per acre and
impervious surface ratio; and
· Mixed Uses - The combination of the applicable above referenced standards,
when allocated in their respective proport.ion of the total lot area.
Evaluation. There are {our facets to the density/intensity issue as follows:
1, Residential and Transient Accommodation (Overnight Accommodation) Uses
. The existing City plan' and code establish a specific residential dwelling unit
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and transient accommodation unit standard expressed in t~rII\s .of permitted
units per acre, consistent with the Countywide Rules, In the proposed Code
there is no maximum number of units, except as may be interpolated from the
minimum lot size for a single family dwelling.
Specifically, Sections 2-102, 2-103, 2.202, 2-203, 2-204, 2-302, 2-303, 2-
402,2-403,2-404,2-502,2.503,2-504,2-602,2-603, 2-802,2-803,2-1102,
2-1103 & 2-1104 allow for residential uses. These sections of the proposed
code do not include residential density standards expressed in tenns of
dwelling units per acre,
Further, Sections 2-702, 2.703, 2-704, 2-802, 2-803,2-1004 &2-1304 allow
for transient accommodation uses. These sections of the proposed code do
not include transient accommodation density standards expressed in terms of
transient accommodation units per acre.
2. Residential Equivalent Uses - The current future land use plan and code
establish a density standard that equates number of permitted U beds" with
the maximum permitted number of dwelling units for uses such as a nursing
home, ACLF, or congregate care facility, consistent with the Rules, In the
proposed code there are no residential equivalent standard~ to determine
maximum number of allowable Ubeds" for such residential equivalent uses.
Specifically, Sections 2-304, 2-4-3.2-404,2-503, 2-504, 2-1003, 2-1004, 2-
1202,2-1203 & 2-1303 allow for residential equivalent uses. These sections
of the proposed code do not include a residential equivalent standard by
which to determine the maximum number of allowable beds,
3. Non-Residential Uses. The current future land use plan and code provide for
specific maximum floor area ratio (FAR) and impervious surface ratio (ISR)
standards as corollary measurements of intensity, consistent with the Rules.
In the proposed code there are no maximum FAR or ISR standards which are
the required measure of intensity for non-residential uses.
Specifically, Sections 2-103, 2-104, 2-203, 2~204, 2-303, 2-403, 2-503, 2-
603, 2-702, 2-703, 2-704, 2-802, 2-803, 2-902, 2-903, 2-1002, 2-1003, 2-
1004,2-1103, 2-1104,2-1202,2-1203,2-1302,2-1303, 2-1304. 2-1402,2-
1403 &2.1502 allow for non-residential uses. These sections of the proposed
code do not include floor area ratio or impervious surface ratio standards per
the requirement of the Rules.
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4.
MLxed Uses - The existing City Code provides a Connula (see Sec, 40.007(3))
to apportion density/intensity for a mixed use project. consist'ent with the
Rules. The proposed code contains no such requirement or provision,
potentially resulting in separate uses being allowed to be combined in a
manner that would exceed one hundred percent of the otherwise applicable
permitted maximum density/intensity,
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Specifically, Sections 2-704,2-802,2-803, 2-1103, 2-1104 allow for mL,,<ed
use projects, In the proposed code there is no standard governing the
proponionate allocation for a mixed use project as is required by the Rules.
Conclusion - The proposed code docs not contain the required density standards for
residential, transient accommodation or residential equivalent uses; does not contain the
required intensity standards for non-residential uses; and does not contain the required
provision for proportional allocation of density/intensity for mixed uses. Additionally, this
would appear to conflict with the language of the proposed code itself, Section 1-103 E.
11., \vhich states that density standards for each district will be enumerated based on the
general purposes of the Article, the Comprehensive Plan, and the existing and desired
community characteristics,
The proposed code is not consistent with the criteria for density/intensity as set fOM in
the Rules.
SECTION 4.2.4 USF/LOCATIONAL CHARACTERISTICS
Description - This section requires the future land use plan and zoning categories to be
consistent with the Rules in terms of loeational and use characteristics. Each local zoning
designation must be consistent with the local plan category and the plan category in turn
must be consistent with the Countywide Plan category, The Rules specifically define the
basis for detennining the consistency of use characteristics.
Evaluation - The proposed code allows for uses not permitted under the Rules, including
the following, described by type of zoning district:
1. Residential- Sections 2-104,2-304, 2-403, 2-404, 2-503 & 2-504 allow for
transient accommodation (overnight accommodation) uses and Section 2-603
allows for retail commercial uses,
2. Mixed Use - Section 2-1003 allows for retail commercial uses,
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3, Commercial - Section 2-702 pennits transient accommodation uses and
Section 2-703 permits transient accommodation and outdcio~ storage uses.
Both of the uses are inconsistent with the uses permitted within the
Commercial Neighborhood Countywide Plan category,
4. Institutional - Section 2.1203 allows for retail commercial uses.
5, Recreation/Open Space. Section 2-1403 allows for retail commercial uses.
6. Preservation - Section 2.1503 allows for commercial recreation uses.
Conclusion. The proposed code pennits and/or allows for consideration of certain types
of uses that are not comparable to, are more extensive than, or are more broadly defined
than the use characteristics permitted in the Countywide Plan category to which they
correspond, or with whic.h they appear intended to correspond, (Note: As elsewhere
referenced in these findings, it is impossible to make an absolute judgement about use
relationships since nowhere in the proposed code does it align or indicate how the zoning
districts will correlate with the plan categories.
SECTION 4.2.5 MAP DELINEATION
Description. Requires the local future land use plan map to be consistent with the
Countywide Plan map and provides that such consistency is achieved if the local plan
designation for each parcel is equal to or less dense/intense than the corresponding
Countywide Plan designation,
Evaluation w Since the proposed code does not amend the current future land use plan
map, this criteria is presumed not to be at issue, However, because the current zoning
districts are correlated with the future land use plan categories in the existing
comprehensive plan, and given that there is no similar or replacement correlation matrix
between the existing plan categories and the proposed zoning districts, it is impossible to
determine whether the regulations which implement the local plan map remain consistent.
Conclusion - The future land use plan map remains consistent with the Countywide Plan
map, pending and subject to an ability to detennine the correlation of the proposed zoning
districts with the Countywide Plan map categories,
SECTION 4.2.6 OTHER STANDARDS
Description. Requires local future land use plans and/or land development regulations
to include polities and standards consistent \\lith the uother standards" identified for each
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Countywide Plan category. Typically, these other standards include size limitations or
acreage thresholds for secondary uses, above which threshold a plan amendment is
required for such use.
Evaluation - The current City future land use plan and code are consistent with this
requirement by providing that public/semi-public uses (e.g., churches, municipal and utility
uses) and ancillary non-residential uses (e.g., off-street parking, etc.) in the residential
districts in excess of three acres require a plan amendment. The proposed code does not
include this threshold requirement.
This same inconsistency is found in the mixed use, commercial, industrial and institutional
zoning categories. Inconsistencies are located as follows:
1. Mixed Use - Sections 2-802, 2-1002, 2-1003 & 2-1103 permit public/semi-
public uses or off-street parking uses, These sections of the proposed code do
not include the required three acre threshold.
2, Commercial - Sections 2-702 & 2-703 permit public/semi-public uses, These
sections of the proposed code do not include the required five acre threshold.
3. Industrial- Sections 2-1302 & 2-1303 permit public/semi-public uses, and 2-
1304 pennits transient acconunodation uses. These sections of the proposed
code do not include the required five acre threshold.
4. Institutional - Sections 2-1203 permits utility uses. This section of the
proposed code does not include the required ten acre threshold.
Conclusion - The proposed code allows for certain uses in several zoning categories
without limitation as to the area of such use as required by the "other standards" criteria
for the respective Countywide Plan categories and is therefore inconsistent with this
requirement as noted above.
SECTION 4,2.7 SPECIAL RULES
Description - This section identifies specific roadways vs Scenic/Non-Commercial
Corridors consistent with the Scenic/Non-CommerdaI Corridor Plan Element of the
Countywide Plan, contains standards for transfer of development rights and identifies
public educational facility siting requirements.
Evaluation. There are three items under this section that are evaluated as follows:
I:\USERS\WPDOCS\RUllS\CONSDEl\C1.EARW A l'CODEREV.lEW 6
1. Scenk/Non-Commercial Corridors - The proposed code desi~ates scenic '
corridors within the City and identifies criteria therefor ih Section 3-1203.
2. Transfer of Development Rights - The existing code contains language stating
that density or intensity transferred shall be consistent with the
density/intensity standards of the receiving parcels, applicable zoning district
and future land use plan classification (Section 42.06(6)(a) and (b)). The
proposed code does not contain these same limitations. Further, the proposed
code does not provide for filing transfers of density with the County Oerk or
Planning Council as is required by the Rules.
3, Public Educational Facility Siting - The proposed code provides for pubHc
school facilities in accod with Educational Facilities Act of 1995,
Conclusion - Scenic/Non-Commercial Corridors - The proposed code is consistent with the
criteria for ScenicINon-Commercial Corridors as set fonh in the Rules.
Transfer of Development Rights - This proposed process contains no measure of
density/intensity so as to be able to determine what or how much density is transferable.
Further, the proposed code contains no limitation on density/intensit.y that would insure
the maximum density/intensity of the receiving plan category of the Countywide Plan be
complied with. Nor does it provide for the required recording of such uansfers. The transfer
of development'rights provision, as written, is therefore incon~istent with the Ru1es.
Public Educational Facility Siting - The proposed code is consistent with the Rules in thisiregard.
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STEBBINS & ASSOCIATES
MANUf ^mlReR~ REPK6SENT A nVES
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November 19, 1998
Mr. Mike Roberto
Clearwater City Manager
Dear Mike:
SUbject; Community Rf:d(~nt c~
We very much appreciate you and Charlie Siemon taking time to attend the Island Estates Annual
Civic Association meeting last evening,
We aJlagree the new community redevelopment code is very important to all ofC1carwater,
There are issues very imponant to Island Estates which 1 hoped to hear about last evening but
evidentially they baV~'1 yet been addressed pnd tQnlilll i.~ the fVst reading.
There are four key issues which we have discussed during previous meetings with Charlie and
Lorenzo.
1. Side and rear setbacks. Island Estates deed restriction setb8cks are front 25\ side 7 112'. rear
20' or 25', Clearwater are front 25' (no problem), side S' aOO rear l's',
Rear setback - waterfront property realistically has two front yards and 15t is not an adequate
setback, 1beR will be all types of law suits because some new construction wiD block neighbors
waterway views. Others will adhere to deed restriction setbacks and there wm be confusion.
Side setbacks.. five feet (10 foot between homes) is not enough space - most homes have utilities
- air Mrdlm. pool equipment beside homes because waterfront propertY is two front )'Iil'd$. 36
Windward Ishuldjust added a 3 car garage which the city po:mitted to the St side setback, The
roofis ahnost touching the lot line. The house next door has equipment in the side yard and there
is not adequate access to the rear yard, Setback changes are a serious potentiaJ problem for
Island Estates.
2. Deed restrictions permit docks 30' projected and 40' for tie poles. Docks and tie poles must
be at least 12 foot from projected side lot line. All lots are 80' wide. This positions docks in the
center ofthc seawall lot and does not infringe on neighbors views up and down the channel City
permits tie poles 1 foot from lot line. Imagine a 54 t Hatt.aras setting how to seawall. 1 foot from
your property line blocking your channel view of open waterf
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471 Palm Island S.E, · CreBrwater, Florida 34630. (813) 447.1IIfR.. Fax (813) 447~1640
1/ /.fer
STEBBINS & ASSOCIATES
Mi\Nl.IfACl1JIlERS RmBSENT A i1VEJ
3. Zoned single family neighborhood. Duplexes. rental apartments. etc. certainly would lower the
property VIllue of Island Estates. This is no dilterent than a home owner remlng OUI dock space
to ooat~ who wouki live on their boats in their back yard. A "Granny suite" in a private home
ic; substantially differenllhan the above!
4. Another important point for Island Estates should be cover~ in the new code. Side fencing
and landscaping from the house to the seawall, Max height offence ~ bmd~ina. shoukJ b:::
36" high from a 4S d~grce projection from the rear and side set back.
seawall
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Mike, deed restrictions are vital to the future oflsland Estates, Not color themes but the nuts
and bolls of redevelopment and reconstruction. To see what shouldn't happen an you hlsvt: lo do
is look at the land side fingers in Bellair to see how ~\lelopmcnt should DOl be done!
Residential Clearwater Beach property (scawalled) has di.fferent problems from bland Estates
bccaux ofnumcropSlot sizes and set becks.
We oflsland Estates w:ae you all to recognize the deed restrictions oflsland. Estates and support
them in the new code. If you do you will assure tile proper re-deveJopmenl oran ever expanding
tax base and a wonderful community where people win want to relocate!
(fyou don'~ Island Estates will be tied up in neighbor vs. neighbor law suits and re-development
win be a 1aboriolL~ ta.~ which peopk: won't want to begin. They will seek other ~ to build
their water front ho~s and Island Estates will continue to age,
This must be dealt with in the re-development code, not after the code is enacted. We already
have new home owners versus new home owner law suits re setback. Would these DI:'W
homeowners retommcnd their friends build on Island Estates?
SinccreJy.
CU SlJ~~
Charles H. ~tebbins
cc: Charlie Siemon
Rita Garvey w Mayor
cc: Commissioners: Karen Seel
Bob Clark
Ed Hooper
J.B, Johnson
Fran HrW.man
Rich Baier
471 Palm leland S,E. · Clearwater, Florida 34630. (813) 447~. Fax (813) 447-1640
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item II:
-10
Final Agenda Item /I
Meeting Date:
11-19-96
SUBJECT/RECOMMENDATION: Approve a Reciprocal Easements Agreement with Highwoods Florida
Holdings, L. P. (/Highwoods"), and declare as surplus and grant to Highwoods a perpetual non-exclusive
easement for ingress, egress and parking over a portion of City owned land lying within the Northwest J4 of
Section 17/29/16, described in EXHIBIT "A" of said agreement, subject to final approval of the general site
plan for Park Place Office Center, 380 Park Place Boulevard,
(EJ and that the appropriate officials be authorized to execute same.
SUMMARY:
. Highwoods Properties has submitted a site plan to construct an 82,000 square foot, three story office
building upon a portion of the Park Place property lying south to City Reservoir Number 2 and soccer
fields property at 21133 U. S. Highway 19 North,
. The City required the proposed stormwater detention be enlarged to avoid overflow flooding of adjacent
properties.
. Expansion of the detention pond reduced the available area for the 369 required parking spaces,
. The agreement commits an approximate 10 foot wide st.rip of the City's property for Highwoods to
construct a portion of its parking lot, with a 24 foot wide ingress/egress drive connecting with the asphalt
driveway on the City parcel. This additional land will accommodate required parking, and provide a
buffer area for trees which will be preserved on the site,
. In return, Highwoods will allow parking for the soccer fields in the ploject parking lot during non-business
hours, including weekends and national holidays.
. The agreement obligates Highwoods to pay all costs for the operation and maintenance of the City parcels,
o The cross easements will run with the lands in perpetuity unless mutually terminated by the parties, or
otherwise amended by their successors or assigns.
!Revlewed by:
: Legal _~
j Budget NA
j Purchasing r:;-
,
! Risk Mgmt ~
; Submitted by:
I
! City Manager
PrInted on ,ecycled poper
Info Srvc NA
Public Works...4/tJ~
DCM/ACM
Other NA
Originating Copt: /lA);19
Public Works""'.Y/'
User Dept.
Costs
Total NA
Current FY
Funding Source:
Cl
OP
Olher
Attachments
[Xl None
A ro riallon Code:
Rev. 3/98
5Ilml"n11 Agn 1196ewbJ
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LOCATOR MAP: RECIPROCAL EASEMENTS PARCELS
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RETURN TO:
Earl Barrett
Public Works Administration
City of Clearwater
P. O. Box4748
Clearwater, Fl. 33758-4748
RECIPROCAL EASEMENTS AGREEMENT
THIS RECIPROCAL EASEMENTS AGREEMENT made and entered into
this _ day of , 199_, by and between the CITY
OF CLEARWATER, FLORIDA, a Florida municipal corporation (the UCity"), and
HJGHWOODS/FlORJDA HOLDINGS, L. P., a Delaware limited partnership
authorized to conduct business within the State of Floridat 3100 Smoketree
CO':Jrt, Suite 600, Raleigh, North Carolina 27604 ("Highwoods'l
WIT N E SSE T H:
WHEREAS, the City is the owner of fee simple title to that certain real
property legally described in EXHIBIT "All, PAGE 1, and depicted in EXHIBIT
"A't, PAGE 2 (Access/Parking Easements, Alternative "A") attached hereto
(collectively the IICity Parcelstl); and,
WHEREAS, Highwoods is the owner of fee simple title to that certain real
property legally described in EXHIBIT nail attached hereto (the IIHighwoods
Parcel"); and,
. WHEREAS, Highwoods intends to construcl a parking lot on a portion of
the Highwoods Parcel as depicted in EXHIBIT IICn attached hereto (the IlParking
Lo!"); and.
WHEREAS. the Parking Lot is immediately south of and adjacent to the
City Parcels; and.
WHEREAS, the parties wish to make both the Parking Lot and the City
Parcels available to the participants and spectators of sporting events and
related activities utiliZing the soccer field owned by the City and legally
described in EXHIBIT liD" attached hereto (the uSoccer Field") after normal
business hours, during nationally observed holidays and on weekends;
Page 1 of10
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NOW THEREFORE, in consideration of the mutual covenants and
agreements contained herein, and for other good and valuable consideration,
the sufficiency and receipt of wtlich are hereby acknowledged, it is mutually
agreed by and between the parties as follows:
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1. The recitals contained herein are true and correct and made a part
hereof.
.
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2. The City hereby grants to Highwoods1 its successors and assigns, for
the benefit of the Highwoods Parcel, a perpetual non-exclusive easement over
the City Parcels (i) for construction of parking lot improvements and for the use
of the City Parcels in conjunction with the Parking Lot as a parking lot and (ii) for
ingress and egress, together with the right to improve, operate, utilize, maintain
and repair for such period of time as it may use the City Parcels for such
purposes.
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3. The rights herein granted to Highwoods by the City specifically
include, but are not limited to, the right for Highwoods to clear the City Parcels,
and to patrol, inspect, install, alter, improve, operate, maintain, repair, monitor
and rebuild the improvements generally described herein in compliance with the
requirements of the City.
4. As a condition of the City granting this easement to Highwoods, and
as an affirmative covenant running with the land, Highwoods agrees to pay aU
costs incurred in connection with the operation and maintenance of the City
Parcels.
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1,
5. In consideration of the grant of the easement to Highwoods by the
City as described in Section 2 above, Highwoods hereby grants to the City a
perpetual non-e,xclusive easement for ingress and egress and parking upon and
within the boundaries of the Parking Lot during the hours of 6:00 p,m, to 11 :00 p,
m. on weekdays, 8:00 a. m. to 11 :00 p, m. on Saturdays. and all day on
Sundays and national holidays (defined as holidays during which national banks
in Pinellas County, Florida are generally closed for business) for the use and
benefit of participants, spectators and the public in general when attending or
participating in sports activities sponsored by the City upon the Soccer Field.
6, The parties mutually agree to hold each other. their successors or
assigns, harmless and to indemnify each other from any and every claim or
demand arising from, or made in connection with this agreement; provided,
however, that in no event shall the total amount to be indemnified by the City
exceed the statutory limits set forth in Section 768.28, Florida Statutes. This
provision shall survive termination of this Agreement.
Page 2 of 10
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7. This Reciprocal Easements Agreement shall run witt! the lands herein
described unless mutually terminated by the parties, their successors or assigns,
by written instrument recorded in the Public Records of Pine lias County, Florida,
whereupon all rights. benefits. privileges, and obligations as mutually agreed
between the parties shaff terminate. Upon such termination, each party shall to
the extent required by the otherl restore its respective easement premises to its
condition as of the date of this Agreement, ordinary wear and tear excepted; and
both parties shall thereafter be relieved of any and all further obligations
hereunder except as otherwise provided herein.
8. The easements and other rights herein granted by the parties, one to
the other. are not exclusive, and each party hereby reserves the right unto itself.
its successors and assigns, to utilize its property encumbered by the respective
easement herein given for such purposes as do not endanger or interfere with
the easements and other rights granted herein. Subject to the foregoing. each
party shall have the right to grant, with respect to properties owned by them,
such other easements, rights or privileges to such other persons and/or entities
and for such purposes as each in its sole discretion may select.
9. In the event either party shall seek to enforce this agreement by law,
both parties agree that the prevailing party shall be entitled to attorney's fees
and costs as awarded by a court of competent jurisdiction in Pinellas County,
Florida, through all appellate levels and post judgment proceedings.
10. This Agreement may not be amended except in writing signed by the
parties hereto or their successors and assigns.
~
IN WITNESS WHEREOF, the parties hereto have caused these presents
to be duly executed by their proper officers thereunto authorized and their
, respective seals to be hereunto affixed this __ day of , 199_.
Signed, sealed and delivered
in the presence of:
HIGHWOODS/FLORIDA HOLDINGS,
L. P., a Delaware Limited Partnership
)
By: HlGHWOODS/FLORIDA GP CORP. I
a Delaware corporation authorized
to conduct business in the State of
Florida, its sole general partner
(
WITNESS s~ature
. ...,
Print name (a: t.. b....4/ J... }...Ir(l=-
By:
Print name S
Title Y '\ol-e rre. S ~~ €...v.. t
Page 3 of 10
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STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, this /tj"/q day of - - , 1991...
personally a peared ~ ..e. ~ as
V, 'c.e.. re s I ~ of HIGHWOODSI LORIDA GP CORPORATION,
a Delaware corporation authorized to conduct business within the State of
Florida, the sole general partner of HIGHWOODS/FLORIDA HOLDINGS, L. P.,
a Delaware limited partnership, who is personalty well known to me or who
produced as identification, and who .
executed the foregoing instrument and acknowledged before me that
executed the same on behalf of said corporation and as an act of said
partnership for th,e purposes therein expressed.
: S5
',- M/l<:/d /6 ~1L/~
Notary Public ~ State of Florida
~'i;Z:S;," ,4 . ~.L"Q'tt/l/
peJPrint name of Notary
(NOTARY SEAL)
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DENtSE ~ BRAUN
My Commlnlon CC5172$4
EJOlW" Dee. 11. 1 $XIQ
, Countersigned:
I
CITY OF CLEARWATER, FLORIDA'
By:
Rita Garvey, Mayor-Commissioner
Michael J. Roberto, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
I .
Page 4 of 10
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, STATE OF FLORIDA
ss
COUNTY OF PINELLAS :
"..
" The foregoing instrument was acknowledged before me this day of
. 199_1 by Rita Garvey, Mayor-Commissioner, Michael
J. R,oberto. City Manager. and Cynthia E. Goudeau, City Clerk. of the City of
" ,Clearwater, Florida, a Florida municipal corporation, on behalf of the
corporation, They are personally well known to me or have produced
as identification.
Notary Public - State of Florida
(NOTARY SEAL) ,
, Type/Print name of Notary
, , Approved as to form:
" \
John Carassas, Assistant City Attorney
Page 5 of 10
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EXHIBIT "Au. PAGE 1
LEGAL DESCRJPTION - ALTERNATIVE "An
PARCELMA"
A Iracl orland lying within tbe Northwest 1/4 or Section 17, Township 29 South, Range J6 Easl,
Pinellas County. Florida and being more panicularly described as rcHows;
Commence at the center of said Section' 7, also being the point of in tersec lion oflhe centerline
of Gu1f-to-Bay Blvd, (~R. 60) lnd Hamplon Road (CR 144)~ thence South 89 deg 46 min 01 see
West arong the Soulh line of said Northwest 114 and the centerline ofGuH~to.Bay Blvd" for
2031.78 feet~ thence North 00 deg 13 min S9 see West, for 60,00 teet to. point on the North
right-ot.way line of said Gulf-to-Bay Blvd.; thence North 01 deg 04 min 04 see East, for 599,99
feet; thence South 89 deg 46 minOl see West, for 198.43 feet; thence Nortb 00 deg S2 min 21
see East. for 134.00 feet; thence rontinue North 00 deB S2 nUn 21 see East. for 420.70 feet; thence
South 89 deg S4 min 49 see West, for 400,06 feet; thence North 01 deg 04 min 04 see East, 28.15
feet to. pojnt ofcurv8turc ofa CUNe concave to the East; thence Northerly along the arc of said
curve. ha\'ing a radius of ) 92.00 fed, . cenlral angle of 21 deg S3 min 54 sec, an arc length 0(12.82
feet and a chord bearing North 11 deg S6 min 04 see East. for 72.39 feet to a point of tangency;
thence North 22 deg 47 min 58 see East, 11.93 fret Co I point ofcurvalure or. curve concave to the
Northwest; thence Northeasterly along the arc ofsnid curve. having a radius of238.oo feet. a centra!
angle of 03 deg S3 min 02 sec, an 1rc length of 16.13 feet and a chord bearing Nonh 20 deg S I min
21 see East, for 16,13 feet; thence North 89 deg S4 min 49 see East, 30.03 feet to the Point of
Beginning; thence North 00 deg 05 min t) sec West, for 31,75 feet; thence Nonh 42 deg S6 min
44 see West, for 9. 79 feet~ tbence South 18 deg 06 min 49 sec East, 43,OS reet; thence South 5 I des
49 min 59 see West, 10,31 feel; thencc South 00 dcg 05 min J I see East, for 23.64 feet; thence
South 89 deg 54 min 49 see West, 27,34 fect to the Point of Beginning.
A tract ofland lying within the Northwest 1/4 of Section 1', Township 29 South, RanSe J6 East,
Pinellas County, Florida and being more particularly described as follows
TOGETHER WITH:
PARCEL "B"
Commence !It lhe center of said Section 11, also being Ihe point ofinlerSeClion of the cenlerline
of Gulf.ta-Bay Blvd, (SR 60) and Hamplon Road (CR 144); thence South 89 des 46 min 0 I sec
West alol1g the South line orsaid Northwest 1/4 and the centerline of Gulr.!o-Bay Blvd., for
2031.78 reet~ thence North 00 deg 13 min 59 see West, for 60.00 feet to a point on the Nonh
righi-of-way line of said Gulr.to-Bay Blvd,; thence North 01 deg 04 min 04 sec East, for 599.99
feet; thence South 89 deg 46 min 01 see West, for 198.43 feet; thence North 00 deg 52 min 2)
see East, for 134.00 feel; thence continue North 00 deg 52 min 21 w: East, for 420.10 feet; thence
Sooth 89 deg S4 min 49 see West. for 400,06 reel~ thence North 01 deg 04 min 04 see East, 28.15
feet to a point of curvature ora curve concave 10 the East; thence NOrlherly along the arc of said
curve, having a radius of 192,00 feet, a central angle 0(21 deg 53 min 54 sec, an !Irc length of12,82
feel and I chord bearing North 11 deg S6 min 04 see East, for 72.39 fCtt to a poim oflangency~
thence Nonh 22 deg 47 min 58 see East, ) 1.93 feet to a poinl of curvature. of I curve concave to the
Northwest; thence Northeasterly along the arc of said CUNC, having 1 radius o(2)8,oo feel, a centr.1
angle or03 deg S3 min 02 sec, an arc lenglh of 16,}3 feet and a chord bearing North 20 deg S I min
27 see East, for 16.) 3 reel~ thence North 89 deg S4 min 49 see Et.st. for 10.5' feet to the Point of
BegiMing; thence North 00 deg OS min 11 see West. for) 0.99 feel; thence North 89 dr.'g 54 Olin 49
see East, 15.34 feet; thence South 00 deg OS min 11 see East, for 7.83 feet; thence Nonh 89 deg
S4 min 49 see East, 95.66 red~ lhence NOI'1h 00 deg OS rnin II see West. for 1.84 feel~ thence North
89 deg 54 min 49 see East, for 220,03 reel~ thence North 73 deg 51 min 01 see East, for 7.2) feet;
thence North 89 deg 54 min 49 see East, 23,34 (eet; thence South 00 deg 05 min 11 see Ellst, for
12.98 feef~ thence South 89 des 54 ani" 49 see West. for 421.30 feel to the Point of Beginning.
Containing in aggregate, 0.113 acres. more or less.
Page I of 10
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SKETCH or
ACCESS/PARKING EASEMENTS
ALTERNAllVE -A"
EXHIBIT "Au, PAGE 2
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PGNT CE
8[QlHNO
CE PARCtL .A-
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SCAlE: '-.60'
NOO"~Zl''[
134,00'
PC>>lT rs
BECtMNQ
CE PARa:1. ...
PARCEL Y
(PARKING t AS( W(H I)
It
utiE BE AR1NG 015 TANCE
Ll N 00'05' 1 1'" 3\.7:1' Z ...
L2 N 42~6'44.' 9,79' 0 is
L3 S 78'06'49.[ 43.05' -4
l4 S ~1'49'~9"" 10.31' 1) Z
L5 S 00'05'11.[ 23.64' > 0
L6 S 89"54'49.. 27,34' -l
-1 l"
l7 N 00'05'11.' 10,99' M 't)
L8 N 69'54' 49.[ 75,34' r
0 >
L9 S 00'05'1'.t 7,63' -1
UO N 89'54'49.E 95.66' ;;:l
\., , N 00'05'11.' 7.84' ... 0
112 N 89"54'49.[ 220. OJ ;;
l13 N 73'57'0'.[ 7,2"
L14 N 89'54'49"'[ 23.34'
L1S S 00'05"1.E '2,95'
LI6 S 69'54'49.' 42\.30'
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Tit( SOUTH llN( or
THE HORTH1ltSI 1/4 or
SlCTlOH I', J OIJj~H1P 19
SoutH, RANG[ 16 UST
C[MTERl~[ Of CUlr-TO.BAY
eovu v A/l1)
CC/(lCRl,fjt ()f /lAId'ION ROAD
CENTER ~ SECTlON 17
POINT C7 CQ.IUfNCEUE.NT
CURVE OCl TA
Cl 21'~3'!t4'
C2 3'5J'02"
R) oms
19200
23800
ARC CHORD CHORD BLAR:l.iG
12 82, 12 39 H 1\'56'G4'E
16.13 1613 H 2crS1'27l
'SURVEYOR'S NOTES
" THC SKETCH DEPICTED H(REON IS rOR CRAPHIC
REPRESENTATION ONLY ANO DOtS NOT REFLECT
A nnD SUlM:'I'.
2, NO INSTRUIoI(NTS or Rt:CORO RUI.(CTlNG CASf:U(N7S,
RIGHTS-Of-WAY, AND OR OWNERSHIP WERE fURNISHED
TO OR pURSUED BY THE UNDERSIGNED,
J, UNLESS IT 8EARS THE SIGNATURE AND THE ORIGIWJ.
R,.AJSED S€J.l Of A FLORIDA LICENSED SURVrYOR AND
MAPPER THIS DRAWING, SKrTCH. PV.T OR I.IAP IS fOR
INfORMATJOW.L PURPOSES ONLY AND IS NOT VAUD
4. eEAAINGS AAt: BASED UF-uN AN ASSU~EO CATUI.t, "'ORE
SPECIfICAllY THE BEARING or S 89'46'0'. w, BEING THE
SOUTH LINE Of' THt NORTHWEST 1/4 Of' SECTION 17,
TOWNSHIP 19 SOUTH, RANCE 16 EAST.
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SHEE T 1 OF 2 NOT A SURWY
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Page 7 of 10
H,K,
SICCTCH
a: lEGAl.
EXHIBIT uB"
(Park Place Phase 3A Parcel)
LEGAL DESCRIPTlON
A trod of land I)VlQ wttl\h tM North.Ht 1/4 of Section 17, Townlhlp 29 Scuth. Ranoe 18 Eo.t.
PlneI!aI County, RoriAo CWtd beJnV more porUcuIar1y deealHMt OIl foII(,W1I: .
Commence at the. Cent. of told Section 17. dao WIng the point of IntenectJon of Ui. C4irlt~.
of CUlf-la-Boy B1'fd. (SR eo) and Hampton Rood (~ t<<): then~ South sg dog <4e mh 01 IOC
WMt aong the South ~e of lold t-!orth...t 1/4 and tho cmtertln. of Gulf-te-Boy 8lYd" for
2031.78 foot; thonot Norih 00 ~ 13 mln ~ Me ,at. fOf' 60.00 feet to a ~t on tM North
rlcjlt-of-wa)' 1M of eold Q"lf-to-Boy 81Yd.; thence North 01 dog 04 mln 04 He E~t. for m,~
foot; thence Sooth eg deiI 43 mln 01 Me . nl. for 198.43 fMt thence North 00 dog 52 mln 21
Me East. tOt' 134.00 foot to tho Potlt of Be9lnnlnl): thGlOl continue North 00 dotI1 ~2 mln 21 toe
Eeel. fer 420.70 feet; thence South 89 deg 54 mln 49 Me W..to for .0400.0& fott; thene4l Non., 01
deg 04 mln 04 toe E ~t. 28. 1 S f..t to a point of CUNOture of a curw conca.... to th. E Ollt: thence
Ncrtherly donll1 the an: of eald (:IJr'W, hO'lhg Q rodlJs of 1noo fMt. Q C;<<1tra1 <l'\gle of 21 ~ 53
mh 54 Me. '" arc length of 72.82 fMt and a ch<<d '*-1nQ NCf"th 11 d~ ~ mn 04 Me East. for
72..39 feet to 0 point of ton~ thence North 22 de9 47 mh se tee East. 1t.~ feet to Q poU\t of
o..aNQtUf'e of Q CUNI ecne<JVI to the Northwest; thence North+otterty ??009 the Ole of told ~
having Q rodlu. of 238.00 feet. a c.ntral angle 0( 03 de9 53 mln 02 Me. an ere length of 18,13
feet cr1d a chord ~ Ncrth 20 de9 51 mh 27 Me Eotl. fot" 16,13 fHt thlnCe North ~ deg M
mn 49 Me Eott. 831.70 IMt; thence South 00 ~ OS mn 11 Me Eem. for 171.87 feet; thence
South 41 ct.g 00 mln 00 lee ...t. f<< 140.00 fMt; th once South 1 0 ~ 00 rnk1 00 Me E cst.
~.OO feet; tMnco South 45 de9 00 mln 00 Me Wen, 318.43 fMt: thone. South 89 dog 48 nm 01
.oc . est. for 245. ~ feet to tht Polo t of Bo9lnnln9 and ccntoln ku~ 8.M 0<::rQ. moro or ......
TCXiiElHER Willi ~ certain CfOO8 toMTleoll a, Mt forth ~ [OMment CJ'Id R~trlc:tJw
COYInO"l t Ag'HMent r.cor~ ., o.R. Book ~~78. Page 211 ~ at arntndod by flnt "odtflcoUon
to E QteITlent and Rulrk:t1w. Covenant A9"oement rtoCorded In O.R. Book &2.56. p. t 111 CI'Id
eonrll1'Mtlonll of Croa EOMmenta recorded In O.R. Book 78~. PQ9t 23M; O.R. 8oo&c 7830,
PQ9Cl 2390 and O,R. Bock 85JQ, PQ90 141t.
LE 5S AND EXC(PT ~ cerl.oln portion. de(,oJed to the Stat. of floc1d<J Deportment of
Transportation rtcorded In O.R. Book 9055. P098 1180 and OJt Book fK>71, PQ90 1282. ~lng
furthor dacrbod 0' foDon:
Ccmmenc. ot Q rolrood .plko m~In'i1 the Nort.heort corner of the Uorth...t '/4 of Se<:Uon 17,
Townth~ 29 South. Rcngt 1a East. Pk'lel1o, Covnt)l. Flor1do. run th~ N.Sg"56 4~"'.. Q en.tance
of 2.689.Q3 tMt dong tjl. Noc1h boundary of the North"'t 1/4 of IIOkt StcUon 17 to the North.tlll
eomer thereof; thance S.01 "03.38.... 0 dlatanee of 14&3.78 feat along ttM WMt boundary of
the Northwest 1/4 of ocId Section 17. th~ S.88"56'~.. 0 d1Iton~ of 1\5.~ feet to the EOlt
rfght-of-wo)' the of V,S. I1i p<< O,o.T. SKtJon 15150-2512 and tn. PQNT Of BEGINNING;
ltlonce along told ~t-of-wa)' lln. tM folorilg fout (4) CI.'t.n$Si 1) H.01"OJ'38"E" a d1ttonce
of 28. 1 2 foot to 0 pMit of CU"\lOtvre; 2) Northerly. 72.83 fe.tt oIong tM ere of 0 curw to the right.
havn9 (l rodlIl of 102,00 feet and a central crlgle of 2104J"5e- (ch<<d btol1n~ . -.
N.l1'55'36"E., 72.39 fNt); J) N.22"47':WE.. a distance of 11.93 fMt to a point of
curvature; 4) NorthGOltorty, 5.88 fNt 0101'19 the ore of a C1.JNI to the r.tt. having a radlu, of 238.00
foot md Q e..-.trd a1~. of 01"22'05- (chord be<ri'l9 N,n'06'30t" 5.68 fMt) to a CUI'Vf~
thence Southec1y, 115.37 fHt along tho <rc of Q Cl.I"W to th. ri9ht. hO'oMl) 0 rodksa of 7e~9,4-4 fHt
and a central angle of 00"51'51- (chord becrSng 5,03"21'30...... 115.37 fl:Ot); thence
S,89"5J'4Q-W.. 0 dlltonce of 1s.~ f..t to th", POINT OF BEGINNING.
Containing 1.475 square feet. mort Of' lest.
Ha-dnQ Q told OCI'eooe of IUS 1 ocr", more or lesa.
Page S of 10
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LEGAL DESCRIPTION: 'the "Soccer Field"}
A portion of the Northwest ~ of Section 17, Township 29
South, Range 16 East, Pinellas County, Florida, being
more specifically described as follows:
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The South 200 feet of the Northwest X of the Northwest ~
of said Section 17, Township 20 South, Range 16 East,
, Pinellas County, Florida, LESS road right-of-way on the
West.
Containing 5,67 Acres, more.or less
Page 10 of 10
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ED 1-
Clearwater City Commission
Agenda Cover Memorandum Final Agcnd,l Ilem II
\ \ _ l 9. 'I ~eeling Dalt"
Vy~V~ k.,...---;;;r;;JJ",u tl~'H It.
SUB) ECT/RECOMMENDA TION:
Declare as surplus to City needs property located at 600 Franklin Street legally described as the Soulh 60
feet of Lot 1 in Block 7 of GOULD AND EWING'S 2ND ADDITION TO CLEARWATER HARBOR, for
the purpose of selling; and approve a contract with the Pinellas County Housing Authority for the sale
thereof in compliance with Section 2.01 (d)(4)(iii) of the City Charter for the sum of $74,800 less closing
expenses estimated at $560, for approximate net sale proceeds of $74,240,
iBl and thallhe appropriate officials be authorized to execule samp..
SUMMARY:
. The City's real property at 600 Franklin Street, also known as the International Association of Fire Fighters (IAFF)
building, is surplus property to City needs. IAFF is no longer leasing the property.
. Charter Section 2.01 (d)(4)(lii) allows the transfer of property to another governmental entity for less than appraised
value for a valid public purpose.
. The Pinellas County Housing Authority is a governmental entity providing housing options to members of our
community with limited incomes.
. The Pinellas County Housing Authority needs to expand their office space located at 209 Garden Avenue.
. Obtaining the subject property enables Pinellas County Housing Authority to remain in the institutional quadrant of
downtown; be readily accessible to other county entities with which they work; be accessible to their clients, the
majority of which use public transit and does not remove property from the tax rolls,
. On October 8,1998, James Millspaugh, MAl performed an appraisal of the parcel. He concluded the value of the
property to be $75,000,
. The Pinellas County Property Appraiser Office 1998 assessed value for the property is $74,800.
Contract available for review in, Clerk Dept.
N/A
N/A
N/A
Originating Dept:
Economic Developm n
User Dept,
Costs
Reviewed by:
Legal ~
Budget N/A
-
Purchas!ng N/A
Risk Mgmt . N/A
Info Srvc
Public Works
DCtvVACM
Other
Total
Current FY
Funding Source:
Cl
or
Olher
Attachments
Submitted by:
City Manager
printed on recycled paper
o None
A ro rlittlun Cude:
Rl!v. 2ft)1I
....- ~& ~
I
CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIBS. The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida
(herein nSeller" or ItCitylt), p, 0, Box 4748, Clearwater, Florida 33758-4748, ATTENTION:
Robert Keller, Assistant City Manager, Phone: (727) 562-4743, and the PINELLAS COUNTY
nOUSING Atl'THORITY, a body corporate and politic established by the State of Florida
pursuant to Chapter 421, Florida Statutes (herein "Buyer't), of 209 South Garden Avenue,
Clearwater, Florida 33756-5421, ATTENTION: Dean Robinson, Executive Director, Phone: (727)
443-7684 (collectively ItPartieolt), hereby agree that the Seller shall sell and Buyer shall
buy the following real property ("Real Property") And personal property ("personalty")
( collectively II Property") upon the following terms and conditions.
THB: "lU'll'RCTIVE DATB" OF THIS CONTRACT IS THE DATB OF EXECUTION BY DULY
AUTHORIZBD CITY OFFICIALS. TIME IS OF THE BSSENCE IN THIS CONTRACT.
Time periods of 5 days or less shall be computed without including saturday,
Sunday, or national logal holidays and any time period ending on a Saturday,
Sunday'or national legal holiday shall be oxtended until 5:00 P.M. of the
next business day.
1. PROPERTY DBSCRIPTION
LEGAL DBSCRIPTION: THB SOUTH SIXTY FRET OF LOT ONE (1), IN BLOCK SEVEN (7), OF GOULD &
EWING'S 2ND ADDITION TO CLEARWATER HARBOR, ACCORDING TO THE MAP OR
PLAT THEREOF AS RECORDED IN PLAT BOOK I, PAGE 52, OF THE PUBLIC
RECORDS OF HILLSBOROUGH COUNTY, OF WHICH PINELLAS COUNTY WAS
PORMERLY A PART, TOGETHER WITH IMPROVEMENTS LOCATED THEREON.
STRBET ADDRESSa 600 Franklin Street, Clearwater, Florida 33756
2. FULL PURCHASE PRICE .. ........ ..,..".. ".. ,........"....... ... ,$___14.800,00
3. MANNER OF PAYMBNT
TOTAL amount to be paid at closing in U,S. funds, cash, certified
or cashier's check, subjecc to adjustments and prorations..... ". $
4. DETERMINATION OF VALUE
74.800.00
The FULL PURCHASE PRICE as shown herein has been reached through negotiations with the
Buyer by City staff, The Price is based on the 1998 Just Market Value as determined by
mass appraisal techniques employed by the Pinellas county Property Appraiser. An
independent appraisal performed by James M. Millspaugh, MAl dated September 29, 1998
estimated the current market value of the property's fee simple interest to be' $75,000.
5. TIME FOR ACCEPTANCB
Fallowing execution of this contract by Buyer, the price, terms and conditions as
contained herein shall remain unchanged and be held un~onditionally open for a periOd of 45
days following delivery in duplicate original to Earl Barrett, Real Estate Services Manager
in the City of Clearwater Public Works Department for acceptance and approval, 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 this contract is rej ected by the
Commission upon its initial presentation, this contract shall be null and void in all
respects and Buyer shall be so informed in writing within 5 days of such action.
6. :r~
Seller shall convey marketable title to the Property by Special Warranty Deed, subject
only to matters contained in paragraph 7 and those otherwise accepted by 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, if any; covenants, restrictions and
public utility easements of record; provided there exists at closing no violation of the
foregoing and none of them prevents Buyer'S intended use of the property for redevelopment
as its general busi.ness offices.
7. TITLE EVIDENCE
Seller shall, at Seller expense and within ~ days prior to closing date deliver to
Buyer a title insurance commitment issued by a Florida 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
titl~ subject only to liens, encumbrances, exceptions or qualifications set forth in this
Contract, Marketable title shall be determined according to applicable 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. If tit.le is found defective, Buyer 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
Page 1 of 5
within which to remove the defect(s), failing which Buyer shall have the option of either
accepting the title as it then in or withdrawing from this Contract. Seller will, if title
is found unmarketable, make diligent effort to correct defect(s) in title within the time
provided therefor, including the bringing of necessary suits,
8. CERTAIN RIGHTS RESERVED
As required by Section 270.11, Florida Statutes, the Seller reserves unto itself and its
successors an undivided three-fourths (3/4) interest in, and title in and to an undivided
three-fourths (3/4) intorest in, all the phosphate, minerals, and metals that are or may be
in, on or under the renl proporty described herein, and an undivided one-half (1/2)
interest in all the petroleum that is or may be in, on, or under said property with the
privilege to mine and develop the aame, If the real property beinq conveyed hereunder is
less than 20 contiquous ncres. is presentlv developed and/or there exists futur~
development plans. and there is little likelihood of the presence of any of the minerals or
petroleum contemplated bv Section 270,11. Florida Statutes. in all such instances the City
expressly releases the above described riqhts.
9. OSK RESTRICTION, R1.GHT OF RBVERTBR
The parties hereto acknowledge that the deed of conveyance from Seller shall contain the
following language and provisions:
IN COMPLIANCE WITH SEC. 2,665, CODE OF ORDINANCES OF THE CITY OF CLEARWATER,
FLORIDA, THE PARTIES EXPRESSLY COVENANT AND AGREE AS FOLLOWS:
a, Neither Grantee nor any successor grantee in title or interest shall
1)Se the property described herein for any purpose or purposes for which ad
valorem property tax exemption would be available,
b. Application by the Grantee, or any successor grantee in title or
interest, to the property appraiser of Pinellas County, Florida, for ad
valorem tax exemption shall cause title to the property described herein to
revert to the City of Clearwater automatically as of the date the application
is filed and regardless of whether the application is ultimately granted or
denied,
c, This restriction and reverter shall run with the land and reverter
hereunder shall be to the City absolutely and not to any intervening owner of the
property.
d. All subsequent deeds or other instrument of conveyance shall contain this
restriction. This restriction and reverter shall run with the land in perpetuity.
9. SURVEY
Buyer, at Buyer I 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 on
Real Property, or that improvements located on Real Property encroach on setback lines,
easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect.
10. WOOD DESTROYING ORGANISM INSPECTION "Wood destrovinq orqanism" means arthropod or
plant life which may damaqe the wood in a structure, as defined in F.S. 482.021(26).
Buyer may, at Buyerts expense, have the Property inspected by a Florida-licensed pest
control business to determine the presence in the improvements of past or present
infestation and damage caused by infestation. Seller shall have 5 days after receipt of
Buyer I s written report to obtain repair estimates from a licensed building or general
contractor, and treatment estimate from a licensed pest control business. Seller shall
treat and repair the Property if the cost to do so does not exceed 3% of the purchase price
( "Treatment/Repair Limit"), If the cost of treatment and repair exceeds the
Treatment/Repair Limit, either party may elect to pay the excess, failing which, either
party may elect to pay the excess, failing which, either party may terminate this contract.
If there is no evidence of live infestation and the Property is covered by a full
treatment warranty, Seller shall transfer the warranty to Buyer at closing and shall not be
obligated to treat the Property.
11. CLOSING PLACE AND DATE
Seller 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 December 31,
1998, 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 ~
days without effect upon any other term, covenant or condition contained in this contract,
12. CLOSING DOCUMENTS
Seller shall furnish deed, closing statement, bill of sale, mechanic's lien affidavit,
assignments of leases, tenant and mortgage estoppel letters, and corrective instruments as
applicable to this transaction.
Page 2 of 5
13. CLOSING EXPENSES
~
-- -----
Recordation of the deed and Documentary stamps on the deed, unless this transaction io
exempt under Chapter 201.24, Florida Statutes, shall be paid by the Buyer. Seller shall
pay the costs of recording any corrective instruments.
14. PRORATIONS, CREDITS
If there should exist any taxes, assessments, rent and other revenue specific to the
property, all of such expenses and revenue shall be prOl:ated through the day before
closing, If the amount of taxes and assessments for the current year cannot be ascertained,
rates for the previous year shall be used with due allowance being made for improvements
and exemptions, Any deposits held by Seller in trust for third parties in occupancy of the
property shall be credited to Buyer at time of closing, Assessments for improvements are
substantially complete at closing shall be paid in full by Seller,
15. PROPRRTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is"
condition, ordinary wear and tear excepted, and shall maintain the landscaping and
grounds in a comparable condition. Seller makes no warranties other than as disclosed
herein in Paragraph 18 (t1SELLER WARRANTIES") and marketability of title. Buyer1s
covenant to purchase the Property "as is" is more specifically represented in either
subparagraph a. or b. as marked [X}.
a. I 1 As lSI Buyer has inspected the Property or waives any right to inspect and
accepts the property in its present lIas is" condition.
b, [Xl As Is With Right of Inspectionl Buyer may, at Buyer expense and within ~ days
from Effective Date ("Inspection periodl1), conduct inspections, tests,
environmental and any other investigations of the property Buyer deems
necessary to determine suitability for Buyer'S intended Use. Seller shall grant
reasonable access to the Property to Buyer, its agents, contractors and assigns
for the purposes of conducting the inspections provided, however, that all such
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 Buyerls inspections and investigations. Buyer
shall not engage in any activity that could result in a mechanics lien being
filed against the Property without Sellerls prior written consent. Buyer may
terminate this contract by written notice to Seller prior to expiration of the
Inspection Period if the inspections and/or investigations reveal conditions
which are reasonably unsatisfactory to Buyer, unless Seller elects to repair of
otherwise remedy such conditions to Buyer satisfaction. If this transaction
does not close, Buyer agrees, at Buyer expense, to repair all damages to the
Property resulting from the inspections and investigations and return the
property to its present condition.
16. WALK-THROOGH INSPECTION
At a mutually agreeable time, but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any
Buyer obligations under Paragraphs 10 and 15 to insure that all Property is in and on the
premises. No new issues may be raised as a result of the walk-through,
17. SELLER HELD HARMLESS
Buyer agrees to, indemnify and hold harmless the Seller without limitation from any
losses. damages j costs, including attorney t s fees, claims of injury to or death of any
person(s), any damage to property of Buyer, or the property, and from and against any and
every liability to any person a:dsing from Buyer conduct of inspections, investigat:l,ons and
any work performed pursuant to Paragraph 15.
~8. SELLER WARRANTIES
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 the following: NONE
19. RISK OF 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 proceen pursuant to
the terms of this contract with restoration costs escrowed at closing. If the cost of
restoration exceeds 3% of the assessp.d valuation of the improvements so damaged, Buyer
shall have the option of either taking the Property lias is", together with either the 3% or
any insurance proceeds payable by virtue of such 108s or damage, or of canceling this
contract.
20. PROCEEDS OF SALE, CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in
escrow by Sellerls attorney or by such other mutually acceptable escrow agent for a period
of not longer than 5 days from and after closing, during which time evidence of title shall
be continued at Buyerta 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
Sellerts 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
Page 3 of 5
shall have 30 days from the date of receipt of such notification to cure the defect. If
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 lias is", walving 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 insu~es adverse matters pursuant to Section 627.7941, F.B. (1997), as amended.
21. DEFAULT
If Buyer fails to perform this contract within the time specified (including payment of
all deposit (s) ), the deposit (s) paid by Buyer may be retained by or for the account of
Seller as agreed upon liquidated damages, consideration for the execution of this contract
and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all
obligations under this contract; or Seller, at Seller option, may proceed in equity to
enforce Seller' s rights under this contract. If, for any reason other than failure of
Seller to make Seller's title marketable after diligent effort, Seller fails, neglects or
refuses to perform this contract, the Buyer may seek specific performance or elect to
receive the return of Buyer deposit (s) without thereby waiving any action for damages
resulting from Seller's breach,
22. RADON GAS NOTIFICATION
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 RECORDABLE, PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records.
This contract shall bind and inure to the benefit of the parties and their successors in
interest. Whenever the context permits, singUlar shall include plural and one gender shall
include all.
24. NOTICE
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.
24. ASSIGNABILITY, PERSONS BOUND
This contract [X] is not assignable [ ] is assignable. The terms 11 Buyer It , ItSellerlt,
and "Broker II (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 PEES, COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs.
27. 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.
28. TYPBWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract
in conflict with them,
29. EFFECT OF 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.
30. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by,
construed, and enforced in accordance with the laws of the State of Florida.
Page 4 of 5
31. COUNTERPARTS, FACSIMILE COP'l~
This contract may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one instrument. A facsimile
copy of this contract, including any addendum, attachments and any written modifications
hereof, and any initials or signatur~ thereon shall be deemed an original.
32. SPBCIAL CLAUSE~
(Xl Not applicable, QR [ l An Addendum containing special clauses that constitute
agreements and covenants between the parties is attached to and an integral part of this
contract and without further acknowledgment is confirmed and accepted by the parties.
When any special clause in the Addendum is in conflict with any provision contained
elsewhere in this contract, then the special clause shall govern.
33. MERGER BY DERD
All covenants, warranties, and representations contained herein shall merge with the
deed at time of closing, upon delivery of deed by the City, and acceptance thereof by
Buyer, the Buyer shall hold the city forever harmless thereafter.
34 . ENTIRE AGRERMBNT
Upon execution by Seller and Buyer, this contract shall constitute the entire
agreement between the parties, shall supersede any and all prior and contemporaneous
written and oral promises, representations or condition in respect thereto. All prior
negotiations, agreements, memoranda and writings shall be merged herein, Any changes to be
made in this agreement ~hall only be valid when expressed in writing, aCknowledged by the
parties and incorporated herein or attached hereto.
THIS IS INTBNDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FOLLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFBSSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
PINELLAS COUNTY HOUS ING AUTHORITY
Tax I. D. Number,
By:
Herbert L. James, Chairman
Date
(Seal)
Attest:
Approved as to form and content:
Dean S. Robinson,
Executive Director
By:
Scephen G. Beneke
perlA Attorney
By:
APPROVED AND ACCEPTED THIS
day of
, 1998.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey, Mayor-commissioner
By:
Michael J. Roberto, City Manager
Approved as to form and
legal sufficiency:
ATTEST:
John Carasc8s, Assistant City Attorney
Cynthia E. Goudeau, City Clerk
PCHA 600 Franklin Contr.l09Bewb
Page 5 of 5
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Final Agenda Item II
Meeling Date:
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SUBJECT/RECOMMENDATION:
Approve the requested variance to allow four existing, single-faced, freestanding signs to remain on the office
property known as Thompson Executive CE:nter Partnership located at 1230 South Myrtle Avenue subject to
the following conditions:
1. No additional free-standing signs will be added to the property.
2, A landscape plan will be submitted to and approved by City Staff and/or the City's landscape Architect
prior to the hearing date.
3, Appropriate landscaping (to be approved prior to issuance of variance) will be added to soften and
enhance the sign located on Grand Central 5treet and the sign located on Pinellas Street per section 42.27
of the City of ClealWater's land Development Code.
1&1 and that the aporoorlate orficlals be aUlhorlzed to execute same,
(SV 98-1 5)
SUMMARY:
Conditions support approval of the requested variance:
. These signs are necessary to identify the complex for users traveling Myrtle Avenue.
. Access onto the site is limited to the two side-streets, Pine lias and Grand Central Streets.
. Strict enforcement of the sign code would impose a hardship on the applicant that would outweigh any
derivative public benefit.
11 Removal of these signs will make it extremely difficult for visitors, clients and customers to locate the complex
quickly and easily.
. Removal of these signs would be detrimental to the public's welfare by interfering with the ability of
ambulatory services to efficiently locate the property in an emergency,
. None of the signs are physically obtrusive nor do any restrict utilities, interfere with pedestrians or
vehicular traffic,
. The materials and design of the signs are consistent with the architectural features of the development.
This property is on the west side of Myrtle Avenue and bound by Pinellas Street 10 the soulh and Grand Cenlral Street to Ihe north,
The property is zoned OL [Limited Office DIstrict] & IL [Limited Industrial Dislrict}/RlOG & 1L.
CUllenl Fiscal Ymr
CommIssIon Action:
C Approved
C Apploved wIth Conditions
C DenIed
C Continued to:
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SV 98~15
CITY OF CLEARWATER
SIGN VARIANCE STAFF REPORT
CASE # SV 98~15
TO: City Commission
FROM: Lorenzo Aghemo, Administrator, Planning and Development Services
THROUGH: Mike Roberto, City Manager
PLANNER IN CHARGE: Mark T. Parry, Planner
HEARING DATE: October 1, 1998
CASE #: SV 98-15
APPLlCANT/REPRESENTATIVE:Thompson Executive Center and Partnership/Robert M.
Thompson, Jr.
ADDRESS: 1230 South Myrtle Avenue
LEGAL DESCRIPTION: Milton Park, Block 9, Lots 1-5 & 10-14/1230 South Myrtle
Avenue/At intersection of Grand Street
AREA: 1.9 acres
EXISITING USE: Office
ZONING: OL [Limited Office District] & IL (Limited Industrial
District]/R/OG & IL
SURROUNDlNG L'\ND USES: Offices
PROJECT [lESCRIPTION:
The applicant is requesting variances to allow (1) three additional single-faced, freestanding
signs, (2) additionar sign frontage square footage and (3) a right of way setback,
VARIANCE REQUESTED:
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Additional single-face, No more than one freestanding Four single-faced, Three additional,
freestanding signs sign/44.51 (4) (c) (la) freestanding signs single-faced,
freestanding signs,
Additional square 24SF/44.51 (4) (c) (1 b) for OL 69.5SF (total four 45,5SF for OL
footage 64SF/44.51 (4) (e) (1 b) for IL signs) 5.5SF for IL
R.O.W Setback 5 ft/44.51 (4) (cJ (1 d) Sign on Pinellas l' 4"
Street - 3'-8"
STANDARDS FOR 'APPROV AL/COMPUANCE WITH STANDARDS:
Section 44.51 of the Land Development Code sets forth the standards for approval that are to
-
SV 98-15
Page 2
be applied to each application. The Code further requIres that the application and the evidence
presented clearly support all of the conclusions enumerated below. The following is the analysis
of each one of those standards performed by staff.
(1) There are special circumstances related to the particular physical surroundings; shape or
topographical conditions applicable to the land or buildings, and such circumstances are
peculiar to such land or buildings and do not apply generally to the land or buildings In the
applicable zoning district.
The property has, essentially, three frontages: South Myrtle Avenue, Pinellas Street and Grand
Central Street. The property has no ingress/egress on the single, significant frontage being
'South Myrtle Avenue. The building is also occupied by a significant number of medical
services which require the safe, effective and efficient use of ambulatory services, Adequate
and appropriate signage is vital for this last purpose,
(2) The strict application of the provisions of the code would deprive the applicant of the
reasonable use of the land or buildings.
These signs are aU necessary to properly identify the site, Removal of these signs will deprive the
owners and tenants of reasonable use of the land and buildings by making it extremely difficult for
visitors, clients and customers to locate the complex quiCkly and easily. In addition, due to the fact
that there are several doctors who practice in the complex and often depend, as mentioned above
(point 1), on ambulatory services and cater to the elderly, these signs are necessary in ensuring the
safety, health and welfare of the community by properly identifying the complex in the effort to
expedite these services. Removal of these signs would be detrimental to the public's welfare by
interfering with the ability of ambulatory services to efficiently locate the property in an emergency,
(3) The varianco is not based exclusively upon a desire for economic or other materia! gain by
the applicant Dr owner.
As discussed above (point 2), the variance request is not based exclusively for economic gain.
(4) The granting of the variance will be in harmony with the general purpose and intent of the
land development code and comprehensive plan and will not be materially injurious to
surrounding properties or otherwise detrimental to the public welfare.
The sign regulations were adopted with the intent of enhancing the visual quality of the Cityts
streets and landscape in order to protect the value of properties and the well-being of the local
tourist oriented economy and community. The granting of this variance appears to be
, consistent with this intent. In addition, the signs facing North and South on Myrtle Avenue are
Identical to the two corner signs permitted at the recently completed Office Planned Development
across South Myrtle Avenue and none of the signs are physically obtrusive nor do any (including
the sign on Grand Central Street requiring a setback variance) restrict utilities, interfere with
pedestrians or vehicular traffic. Finally, the new Community Redevelopment Code currently
SV 98-15
Page 3
under review allows 64 SF of free-standing sign face which would reduce the variance request
from 45.5 SF to 5.5 SF. In addition, the Flexibility Criteria set forth in Section 3-1807, C1a (the
signs are part of the architectural theme of the complex) and b (the signs all maintain a higher
that average aesthetic quality), 2 (all the heights are well below the minimum required), 3 - 6
(appropriate lighting, Total Area of Sign Face and adhering to the community standard
respectively) directly apply in this case.
STAFF RECOMMENDATION:
Based upon the an~lysjs of the standards applicable to the variances request, staff recommends
APPROVAL of the requested variances to allow (1) four existing, single-faced, freestanding signs to
remain, (2) additional square footage resulting from the additional signs and (3) a A.D. W setback
decrease subject to the following conditions:
1) This variance Is based on the appiication, testimony, and documents submitted by the applicant,
Including maps, plans, surveys, and other documents in support of the request. Deviation from
any of the documents beyond the scope expressly authorized by the Board in approval of this
variance, will result in this variance being null and of no effect.
2) A land,scape plan which meets or exceeds the landscaping requirements per section 42.27 of
the City of Clearwater's Land Development Code shall be submitted, approved and installed
around the two signs on Plnellas Street and Grand Central Street before a sign variance Is
Issued.
3) The landscape plan will be Installed thirty (30) days after variance approval.
4) No additional freestanding signs will be added to the property,
FINDINGS OF FACT:
Staff recommendation is based upon the documentary evidence submitted and the record created
and is supported by the following Findings of Fact:
. Whereas, the application sufficiently meets the standards for granting variance as set forth in
Section 45.24 of the code;
. Whereas, It is in the best Interest of the community to preserve the existing single-faced,
freestanding signs on the property;
. Whereas, the signs facing North and South on Myrtle Avenue are identical to the two corner
signs permitted at the recently completed Office Planned Development across South Myrtle
Avenue;
. Whereas, there are several doctors who practice in the complex who cater to the elderly
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SV 98-15
Page 4
, community and frequently depend on ambulatory services who, in turn, depend on the existing
signs to properly identify the complex In the effort to expedite these services;
· Whereas, strict enforcement of the sign code would impose a hardship on the applicant that
would outweigh any derivative public benefit; 'and
· Whereas, ingress/egress are limited to side streets.
AlTACHMENTS:
Sign Variance Application Evidentiary Standards
Photographs
Sign Variance Application
, Zone Map
Site Context Map
Site Plan
I
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,CENTRAL PERl't1l'rrING DEPARTMENT
100 SO. MYRTLE AVE., 2ND FLOOR
CLEARWATER, FL 34616
PHONE: 562-4567; FAX: 562-4576
INSPECTION LINE: 562-4580
Isv# 98 /~I
SIGN VARIANCE APPLICATION
PROPERTY OWNER(S) NAME & ADDRESS: REPRESENTATIVES(S) (if any) NAME & ADDRESS:
Thompson Executive Center' Partnership Robert M. Thompson t Jr.'
P.O. Box'35g P.O. Box 359
Clearwater, FL 33757 Clearwater, FL 33757
TELEPHONE: (727) 446-2200 TELEPHONE: ( 727) 446-2200
ADDRESS OF SUBJECT PROPERTY:
.
1230 South Myrtle Avenue, Clearwater, FL 33756 .
NAME OF BUS~SS (IF APPUCABLE):
Thompson Executive Center ,
ZONING DISTRICT: LAND USE CLASSIFICATION: LAND AREA:
OL R-06 91.131 sf. 2.09 acres
LEGAL DESCRIPTION OF SUBJECT PROPERTY:
Attaehed See Attached
.PARCEL NUMBER: I J J J I See ~
*This information'is available from your tax receipt or contact Pinellas Co. Property Appraiser's Office at 464.3207.
II more than one parcel number attach 8 ~ x 11 inch'sheet.
DESCRIBE SURROUNDING USES OF PROPERTY
'North: . East:
Offices Offices
Sou th: West:
Offices Offices
V ARIANCE(S) REQUEST:
l.} A variance for 3 existing freestanding ~igns to allow.a total of 4 freestanding signs
with a cumulative area of 69.5 square feet.
, ..
2.) A variance of I foot 4 inches to allow the freestanding sign on Grand Central Street to
., remain 3.'8" from the right-of-way of Grand Central where a minimum 5 I setback is ",. '.
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required. r
.
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.srANDARDS FOR APPROVAL: A variance shall not be granted by the City Commission unless the application
and evidence presented clearly support the following conditions:
1) There are special circumstances related to the particular physical surroundings, shape or topographical
conditions applicable to the land or buildings, and such circumstances are peculiar to such land or buildings and do
not apply generally to the land or buildings in the applicable zoning district because:
See Attached
2) '!'he strict application of the provisions of the code would deprive the applicant of the reasonable use of the land
or buildings because:
See Attached
3) The variance is not based exclusively upon a desire for economic or other material gain by the applicant or
owner because:
See Attached
4) The granting of the variance will be in harmony with the general purpose and intent of the Land Development
Code and Comprehensive Plan and will not be materially injurious to surrounding properties or otherwise
detrimental. to the public welfare because: ' .
See Attached
THIS SUBMISSION GIVES AN APPLICANT THE OPPORTUNITY TO REQUEST THE VARIANCE AND
APPEAR BEFORE THE DEVELOPMENT CODE ADJUSTMENT BOARD. FEES PAID ARE NON-
REFUNDABLE REGARDLESS OF BOARD ACTION. BY SIGNING THIS DOCUMEN'f I AM
. ACKNOWLEDGING THAT ALL FEES PAID DO NOT GUARANTEE APPROVAL OF THIS
APPLICATION. Thompson Executi:ve Center Partnership
Robert M. Thompson, Jr. Managing Partner
SIGNATURE OF PROPERTY OWNER (OR RESPRESENTA~..Q, ~~ - ' -~
, (Include position and name of company if applicable)
. Sworn to and subscribed befOt1l me this l c.t!;;, day of ~l /1 ' A.D., 19 q g
by ~~+ h1. J1, b 1"l'\ P s ('} i'"\ I -::r e · r who is personally know to -E.l.! or has produced
as identification. STATE OF FLORIDA. COUNTY OF ~U a.o)
. ('~~ ~~~s
Notary Public
~C_Dr"\n' -e~ Kcbb, r\-<:'
Name 'of Notary typed.; printed or stamped
Com
0iF1 OfARYSEAL
CONNlE ROBBINS
NOTARY Pt1BUC srATE OF F'l.aUDA
COMMlS6ION NO. CC61mQ
~ONEXP. DEC.29
NOTES:
. PROPERTY OWNER OR REPRESENTATIVE MUST ATTEND HEARING.
. APPLICATION SHALL INCLUDE A CURRENT AND ACCURATE SITE PLAN.
. .t.'"
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THOMPSON EXECUTIVE CENTER
SIGN VARIANCE APPLICATION
. EVIDENTIARY STANDARDS
The project encompasses the frontage of the entire city block on the west side of South Myrtle
Avenue between Grand Central and Pinellas'Streets. The two comer signs which face North and
South on Myrtle Avenue are necessary to identify the project for users rnlveling on this major
dOMltown artery'. These signs are exact duplicates of the, two comer signs permitted at the
recently completed Office Planned Development across South Myrtle Avenue. Access to this
.multi-building office complex is only possible on Grand Central and Pinellas Streets and it is
necessary .to identify the project for visitors coming from the West by the two signs on these side
streets.
,
The strict application of the code would deprive not only the owners but also the tenants of the
office complex of reasonable use of the land and buildings by making it extremely difficult for
visitors, clients and customers to locate the complex and the businesses contained therein.
This variance request is not based upon a desire for gain of the owner but rather out of concern
for the tenants and visitors of the complex. Of special concern are ambulatory services which
frequent the compl~x due to several medical practitioners who are located in the complex. It is
imperative that these services be able to locate the complex quickly and expeditiously.
The granting of the variance would not be in opposition to the general purpose and intent of the
Land Development Code and Comprehensive Plan. These well constructed brick and wooden
signs are aesthetically appealing. Some surrounding businesses have adopted the motif lending
. further to the appeal of the signs and neighborhood. Therefore, we cannot foresee any.way in
which they could be materially injurious to sUITOlwding properties. None of the signs, including
the Grand Central sign requiring a setback variance, restrict utilities or other services nor do they
interfere with pedestrian or vehicle traffic and are not detrimental to public welfare.
Furthermore) removal of the signs may be detrimental to 'public welfare by interfering with the
ability of ambulatory seIVices to locate the property in an emergency.
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SIGN VARIANCE REQUEST
NAME: Thompson Executive Center
SVR # 98-16 PUBLIC HEARING DATE Oct 1 , 1998
ATLAS PAGE: 3058 SEe: 21 I TWP: 29 S I RGE: 1 5 E
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WILLIAM 'W. WILHELM, P.A.
ATTORNEY AND COUNSELOR AT LAW
cmcUIT MEDIATOR
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1259 sount MYRTLE AVENUE
O-EARWATER, FL 33756
Ms. Cyilthia E. Goudeau, CMC
City of Clearwater
. P. O. Box 4748,
Clearwater, FL 33758-4748
November 12, 1998
lELEPHONE (813) 446-8108
FAX (813) 446-1643
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NOV 16 1998
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Re:' . City Commission Hearing November 19, 1998
. Thompson Executive Center Partnership
pear Ms. Goudeau:
I own the property at 1259 South Myrtle A venue, which is immediately south of 1230 Sout~
Myrtle Avenue, I am in receipt of the Notice of City Commission hearing in the above
, matter. I join in the requests of Thompson Executive Center Partnership, and would urge
the City to grant the variances.
WW/sa
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Clearwater City Commission
Agenda Cover Memorandum
Work Session Item #:
Final Agenda Item # ]3-
Meeting Date: 11/19/9a
MOTION: Declare that a public nuisance exists on the property addressed as 1350 Gulf Boulevard
and authorize the City Attorney-s office to seek judicial relief for abatement. (property owner - Beach
Communities III Inc.lGlen R. Johnson)
I&l and that the approprIate officials be authorIzed to execute same.
SUMMARY:
The Community Response Team Division and Building Services Division of Planning and Development
Services Administration have received numerous complaints from neighbors otthe conditions of this
property since September 1995. Complaints include: overgrown lotI debrist unsightly and incompatible
structures. operating a business in a residential area. noise, and generally creating an undesirable
situation.
This property was found to be in violation of the City Codes by the Municipal Code Enforcement Board on
5/27/98. A compliance date was ordered with a fine was assessed for each day that the property exists in
noncompliance of code requirements.
Municipal Code Board fines have been accruing at the rate of $150.00 per day since 6/27/98. Total of
fines as of 10/30/98 are $18,900.00
No successful attempt has been made by the property owner to address the complaints of the neighbors
or to bring the property into code compliance.
Neighborhood complaints are still received by the City. The property remains unsightlYl inconsistent with
surrounding properties. and continues to annoy the neighboring community.
N/A
N/A
Costs
Total N/A
Reviewed by:
Legal ~
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Information
Services
PUblic Works
DCM/ACM
Other
N/A
Current FY
Funding Source:
CI
OP
Other
Attachme s
Photographs
MunicIpal Code Enforcement
Board order
Public Nuisance Code
State Statute 823.5
Memo
Submitted by:
City Manager
Printed on recycled paper:\
. .
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A ro rlatlon Code: N/A
Rev, 2/98
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C I T Y 0 F C LEA R' W ATE R
POST OffiCE Box 4748t ClLAllWATERt FWIUDA 33758.4748
Cnv HALL, 112 SOLml OSCEOLA AVENUE, CIJ:.ARWATER, FLORIDA 33756
TELEruor.'E (813) 562-4090 FAX (813) 562..jQ86
DEPAkTMENT Oil mE
CrtYCLE.RK
Certified Mail
July 31, 1998,
,
Glen R. Johnson, Inc. and Affiliates
Registered Agent, Glen R. Johnson
416 20th ~venue
Indian Rocks Beach, FL 33785
Re: Case No. 06.98
1350 Gulf Boulevard
I'
Dear Mr. Johnson:
The Municipal Code Enforcement Board, at its meeting of July 22, 1998, accepted
the Affidavits of Non-Compliance and issued the Order imposing the fine in the above
referenced case, copies attached,
Please note the date for compliance was on or before June 26, 1998. Since you did
not comply with the Board's Order, a fine of one hundred fifty and no/100 dollars
($150.001 per day commenced as of June 27, 1998, and will continue to accrue until the
property is brought into compliance. Upon complying, please notify Robert Scott, Code
Inspector, so he can notify the Board of compliance,
Sincerely,
~r~
Municipal Code Enforcement Board
Attachments
cc: Leslie Dougall-Sides, Assistant City Attorney
Robert Scott, Code Inspector
C. PI
ONE CITY, ONE FUTlJRE.
e
"EQUAL EMpLOYMENT AND i\FllffiMATIVE ACTION EMPlD\T.R"
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C I T Y 0 F C LEA R' W ATE R
POST OffiCE Box 4748, CW.1l.WAlU, FtoRlOA 33758.4748
CITY HAlL., 112 SOIfrn OSCEOlA AVENlJE, ClVJI\VATER, FLORlOA 33756
TElErHONE (813) 5624090 FAX (813) 5624086
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DEI'AJrIMENT OP TIfE
COY CLERK
Certified Mail
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July 31, 1998
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Seach Communities II, Inc.
Registered Agent, Glen R. Johnson
8005 Bardmoor Place, #201
Largo" FL 34647
Re: Case No. 06-98
1350 Gulf Boulevard
Dear Mr. Johnson:
The Municipal Code Enforcement Board, at its meeting of July 22, 1998, accepted
the Affidavits of Non-Compliance and issued the Order imposing the fine in the above
referenced case, copies attached.
Please note the date for compliance was on or before June 26, 1998, Since you did
not comply with the Board' s Order, a fine of one hundred fifty and no/100 dollars
($150.00) per day commenced as of June 27, 1998, and wifl continue to accrue until the
property is brought into compliance. Upon complying, please notify Robert Scott, Code
Inspector, so he can notify the Board of compliance. '
Sincerely,
Mary . Diana, Secretary
Municipal Code Enforcement Board
Attachments
cc: Leslie Dougall-Sides, Assistant City Attorney
Robert Scott, Code Inspector
ONE CITY, ONE FlmJRE.
*
. "EQUAL EMpLOYMENT AND MFIRMA11VE ACTION EMpLOYER"
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MUNICIPAL CODE ENFORCEMENT BOARD OF THE
CITY OF CLEARWATER, FLORIDA
Case No. 06-98
CITY OF CLEARWATER
Petitioner,
)
)
)
)
)
)
)
)
)
)
)
)
1350 Gulf Boulevard
Clearwater Sandkey Club No.1
Condo, Sec. 19-29-16, M&B 14.03
v.
Glen R. Johnson, Inc. and Affiliates,
Registered Agent, Glen R. Johnson
416 20th Avenue
Indian Rocks Beach, FL 33785
AND
Beach Communities II, Inc.,
Registered Agent, Glen R. Johnson
8005 Bordmoor Place, #201
Largo, FL 34647
The Municipal Code Enforcement Board received the Affidavits of Non-Compliance of Robert
Scott, Code Inspector, in the above referenced case at the Board meeting held Wednesday, July
22, 1998, and based on the evidence, the Municipal Code Enforcement Board enters the
following Findings of Fact, Conclusions of Law, and Order.
FINDINGS OF FACT
Based on the Affidavits of Non-Compliance, it is evident the property is in violation of the of
the City of Clearwater Code.
CONCLUSIONS OF LAW
The Respondent is still in violation of Ch, 40, Art. 1, Section 40.004(2), (3) and Ch. 40, Art.
II, Div. 12, Sections 40.221, 40.222, 40.223 & 40.224 of the Code of the City of Clearwater,
Florida, in that the Respondent has failed to remedy the cited violation(s) and has not complied
with the Order of this Board dated June 3, 1 998.
ORDER
.In accordance with this Board's Order dated June 3, 1998, it is the Order of this Board that
Respondent, pay a fine of one hundred fifty and no/10o dollars ($150) per day for each day the
violation continues to exist beyond the compliance due date of June 26, 1998.
A certified copy of this Order shall be recorded in the public records of Pinellas County, and
once recorded, shall constitute a lien against any real or personal property owned by the violator
pursuant to Chapter 162 of the Florida Statutes.
A fine imposed pursuant to Chapter 162 of the Florida Statutes continues to accrue until the
violator comes into compliance or until judgment is rendered in a suit to foreclose on a lien filed
pursuant to Chapter 162, whichever occurs first.
PLEASE RETURN TO: CITY OF CLEARWATER, CITY CLERK DEPARTMENT, P,o. BOX 4748, CLEARWATER. FL 33758.4748
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'DONE AND ORDERED this )J~y of July, 1998, at Clearwater, Pinellas County, Florida.
Attes't:
MUNICIPAL CODE ENFORCEMENT BOARD
CITY OF CLEARWATE~
~~
Helen Kerwin
Chair
Sent by certified mail, with return receipt to Respondent this 3/~ay of July, 1998.
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Mary K. a , Sec ary .
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PLEASE RETURN TO: CITY OF CLEARWATER, CITY CLERK DEPARTMENT, P.Q, BOX 4748, CLEARWATER, FL 33758.4748
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See. 20.ot,
See. 20.02,
See. 20.03,
See. 20.04, .
See. 20.05.
See. 20.06.
See, 20.07.
SerH 20.0B.
sec. 20.09,
Sec. 20.31.
Sec. 20.32.
See. 20.33.
See. 20.34.
Sec. 20,35.
Sec. . 20.36.
See. 20.37.
, ,
,
Sec. 20.38.
See. 20.39.
Sec. 20.40.
See. 20.41.
See. 20.61.
Sec. 20.62.
Sec. 20.63.
Sec. 20.64,
'4." ....,.... ._"~_.",,_,,,.__"'''''''.'''''''.a."'loW_..~.~.......-..................~-t''IIllIM
Chapter 20
NUISANCES.
Article I. In General
Delinitlons.
Purpose of chapter,
Conditions nnd conduct.
Maintenance of private property.
Graffiti prohibited; removal required.
Enforcement of chapter-Generally,
Same-By a:lde enforcement board,
Same-By city commission.
Same-Additional remedies,
Article D. Lot Clearing
Short title of article,
Definitions. .
Authority to regulate.
Findings.
Prohibited accumulations.
Exceptions to section 20.35.
Enforcement. Df article-Receipt and investigation of complaints
by code enforcement. officeE'8: ,
Same-Notice of violation,
Same-Hewing before code enforcement board.
Samo-Lien against property.
Alternative enforcement procedure; line required.
Article 10. Noiso
Prohibited generally.
Enumerated.
Persons responsible.
Exceptions to article.
Article Iv. Inoperative Vehicles on Public Property
Sec. 20,71, Inoperative vehicles on public property.
.CroSB relerence-Unsightly or badly deteriorated boats declared public nuisance, ~ 33.060.
, Slaw law reCereocea-Abatement of nuisance by injunction, F.S. ~ 60.05; nuisances injurious to health, F.S, ch. 386i public
nUlllIUlccs in general, F.S. ch. 823.
Supp. No.9
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CD20:1
~..>:
NmSANCES
Ii 20,03
)JaSec. 20.01. Definitions.
The following words, terms and phrases, when
used in this chapter, shall have the meanings as.
cribed to them in this section, except where the
context clearly indicates n different meaning:
Board means the city municipal code enforce-
ment board which was created by section 2,212.
Nuisance means that conduct defined in F,S, ~
823,05, that conduct specified in this chapter and:
(1) Any continuing condition or UBe of premo ~ec. 20 03 Conditions and conduct.
iSBs or of building exteriors or of land which ~.,.. ..
causes substantial diminution of the value The existence of any of the following specific
of property in the vicinity of such condition conditions or conduct is hereby declared to consti.
or use; tute a public nuisance as that term is used in
section 20,04:
(1) A condition or use that causes a substan.
tial diminution of property value of prop.
erty in the vicinity of the condition or use,
(2) Conduct similar to that described in F.S. ~
823,05 has occurred or is occurring.
(3) A condition or use that unreasonably in.
trudes upon the free use, privacy and com.
fortable eI\ioyment of the property of the
citizens of the city. The use or condition
may be considered an unreasonable intru.
sian upon the free use and comfortable en.
joyment of property when one or more of
the following conditions are found to exist:
(a) The repeated intrusion upon property
adjoining or surrounding the use or con.
dition identified in the complaint of
odors, gases, smoke, ashes, soot, dust,
fumes, chemical diffusion, smog, or
other particles or gaseSj
(b) The repeated intrusion upon property
of disturbances of earth or air including
but not limited to vibrations, explo.
sions, light and loud, raucous and un.
necessary noise, and the repeated un.
authorized intrusion of adjoining
property by patrons or users of the
premises, which unreasonably disturbs
or interferes with the peace, comfort,
privacy, and repose of owners or pos.
ARTICLE J. IN GENERAL
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Any continuing condition or use of premo
ises, building exteriors or land which un.
reasonably annoys, injures or endangers the
comfort, health, repose, privacy or safety of
the public through offensive odors; noises;
substances: smokej ashes; soot; dustj gas
fumes; chemical diffusion: smog; nooding:
disturbance and vibrations of earth, air. or
structures: emanations: light; sights; entry
on adjoining property by persons or vehi-
cles; or
(3) Other unreasonable intrusions upon the
free use and comfortable enjoyment of the
property of the citizens of the city.
Premises means the land and all structures and
articles appurtenant or attached thereto which are
owned, leased, occupied or controlled by a person,
Vehicle means any automobile, motorcycle,
truck, motorized van, recreation vehicle. bicycle.
or any other device on or in which any person or
property is or may be transported upon a highway,
except devices used exclusively on stationary rails
or tracks.
(Code 1980, ~ 95.20)
Croaa refllnlDue- DllfinitiOM nnd rulClI or conlltruction gen.
erally, f 1,02.
Sec. 20.02. Purpose of chapter.
The purpose of this chapter is to protect the
comfort. health, repose, safety and general wel.
Supp, No.4
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fare of the citizens who reside in the city and to
prevent the mnintenWlce of nuisances affecting
the public generally, It is hereby declared by the
city commission that the creation or maintenance
of a nuisance shall constitute irreparable public
injury. In order to accomplish the foregoing pur.
pose, it is deemed necessary to establish a mech-
anism of review and provide for remedies in order
to abate a public nuisance by action of the city
municipal code enforcement board, the city com.
mission, or the county court, '
(Code 1980, ~ 95.21; Ord. No, 6056, ~ 6, 1.3.91)
CD20:8
G 20.03
CLEARWATER CODE
sessors of real property in the ertioy.
ment and the use of their property;
(c) 'the repeated unauthorized intrusion
upon property by persons or vehicles
which adversely disturb the privacy,
comfort, peace, repose, and use of
owners or possessors of property ad.
joining the premises where the persons ~(8)
or vehicles complained of originatesj
(d) The repeated attraction to the premo
ises where the use or condition com.
plained of is maintained by persons
who. through frequent raucous or dis.
orderly conduct. through repeated dis.
turbances of the pence or through vio-
lation of any law ofthe state, county or
city, adversely affect ordinarily reason.
able and reasonably behaved persons
in the enjoyment and use of their prop-
e~,
(4) Buildings which are abandoned, boarded up,
partially destroyed, or left for unreason.
ably long periods of time in a state of par-
tial construction. provided that any unfin.
ished building or structure which has been
in the course of construction three years or
more. and where the appearance and other
conditions of such urumished building or
structure substantially detracts from the ap-
pearance of the immediate neighborhood or
reduces the value of property in the imme.
diate neighborhood or is a nuisance, shall
be deemed and presumed to have been left
for an unreasonably long period of time in
the sense of this subsection.
(5) Any attractive nuisance dangerous to chil.
dren in the form of abandoned or broken
equipment, hazardous pools, excavations, or
neglected machinery.
(6) Overt blocking of drainage pipes. ditches,
channels. and streams, so as to cause
nooding and adversely affect surrounding
property.
(7) The existence of excessive growth, as de.
fined in section 20.32, or the existence of
any accumulation of debris, trash. garden
trash, junk, untended growth of vegeta.
tion. or undergrowth of dead or living vag.
Supp. No.4
etation, upon any property to the extent
and manner that such property contains or
is likely to contain rodents. reptiles or other
vermin, or rurnishes a breeding place for
flies, mosquitoes, or wood-destroying in.
sects, or otherwise threatens the public
health, safety or welfare.
The outdoor storage of all or part of any
dismantled, partially dismantled, inopera.
tive or discarded vehicle, recreational ve.
hicle, machinery, farm equipment, aircraft,
construction equipment. boat, personal wa.
tercraft, trailer, truck, motorcycle, bicycle,
or scrap metal, on any public or private
property within the city limits. This provi-
sion shall not apply to any vehicle, recre.
ational vehicle, machinery, farm equip.
ment, aircraft, construction equipment,
boat, personal watercraft, trailer. truck, mo.
torcycle, or bicycle, which is located on the
premises of a lawfully established storage
yard or which is on the premises of a law.
fully established vehicle service establish.
ment and is in the process of repair or mnin-
tenance by that establishment, ,
(9) Any other condition or use that constitutes
a nuisance to the public. generally, as that
term is defined in section 20,01, which is
continually or repeatedly maintained, the
abatement of which would be in the best
interest of the health, safety and welfare of
the citizens of the city,
(Code 1980, ~ 95.23; Ord. No. 5035, ~ 1, 10.4.90}
Ct"OBB rererence-Unlawful accumulation orlumbcr boxes,
etc., A 24,25.
Sec. 20.04. Maintenance of private property.
No person owning,leasing, operating, occupying
or having control of any premises within the city
shall maintain, keep or permit any nuisance, as
defined in section 20.01 and as further defined in
section 20,03, affecting the citizens of the city.
(Code 1980, ~ 95.22)
Sec. 20.05, Graffiti prohibited; removal reo
quired,
(1) AB used in this section:
(a) Graffiti means one or more letters, sym.
boIs, or other markings painted, drawn or
CD20:4
NUISANCES
o 20.08
(3) Graffiti found upon privately-owned prop-
erty within the city shall be removed by the
property owner or, if the owner is not in posses-
sion of the property. by the tenant or any adult
person acting as the agent or property manager
for the owner or the tenant, within ten calendar
days following service of notice to such person of
the existence of graffiti upon such property. The In hearing alleged violations of this chapter, the
notice shall be served by hand delivery or by mail, board shall have the powers set forth in section
postage prepaid, to the address of the owner or 2.671, Upon a determination of the board that
tenant according to the property records of the reasonable cause exists to bl:!lieve that a nuisance
county property appraiser, and if served by mail a exists as defined in sections 20,01 and 20.03, the
copy of the notice shall be posted in a prominent board shall find a violation of this chapter and
location on the premises. The notice shall identify shall set forth the steps necessary to abate the
the property, describe the nature and location of subject nuisance. A fine for each day the violation
the graffiti, and state that the graffiti shall be continues past the compliance date may be set
removed not later than the tenth calendar day pursuant to section 2.674.
following service of the notice. The failure of an (Code 1980, ~ 95.25; Ord, No. 5492-93, ~ 1, 12-2-
owner to remove graffiti within ten calendar days 93)
following service of notice of the existence o~
graffiti upon the property shall be a violation o~"ec. 20.08. Same-By city commission.
this section. (1) R b' . If d' . .
eport y city manager. a con ltion IS
(4) Graffiti found upon city-owned public prop. determined to be a nuisance under sections 20.01
erty shall be removed by the city manager within and 20,03 by the city manager, he may seek
ten calendar days following discovery of the exist- enforcement of this chapter by bringing the mat-
ence of graffiti upon such property. If graffiti is ter before the city commission, The city manager
found upon public property not owned by the city, may initiate such action by providing to the city
otherwise applied to a wall, post, column,
or other building or structure, or to a tree,
or other exterior surface, publicly or pri-
vately owned, The term does not include
signs authorized pursuant to, or exempt
from the provisions of chapter 44, The term
is the plural of "graffito" but, for the pur-
poses of this section, the singular and the
plural forms shall be deemed synonjIIlous,
(b) Owner means as defined by section 1.02,
(c) Remove means to cleBll. away, cover with
paint matching the background color, scrape
off, or otherwise cause graffiti to be no
longer visible from a distance of 10 feet or
more.
(2) It shall be a violation of this section for any
person to paint, draw, or otherwise apply graffiti
to any wall, post, column, or other building, or
structure, or to a tree, or other exterior surface,
publicly or privately owned, within the City of
Clearwater.
Errata
the city manager shall give notice of such graffiti
to the owner and shall request the prompt re~
moval of the graffiti. .
(Ord, No. 5492-93, ~ 1, 12-2-93)
Sec. 20.06. Enforcement of chapter-Gener-
ally.
(1) This chapter may be enforced in accordance
with the procedures established by section 2.672,
The code enforcement board shall follow the pro-
cedures set forth in section 2.673. The procedures
for establishing liens, foreclosure of liens and
providing for appeals set forth in sections 2,674
and 2.675 shall be fully applicable to a finding of
violation of this chapter by the board,
(2) This chapter may also be enforced by the
city commission in accordance with the proce-
dures established by section 20.08.
(3) Additionally, any violator of this chapter
may be cited by a code enforcement officer and be
subject to a civil penalty in accordance with the
procedures contained in section 1.12(3),
(Code 1980, ~ 95.24; Ord. No. 5056, ~ 5, 1-3-91;
Ord. No. 5492-93, ~ 1, 12-2-93)
Sec. 20.07. Same-By code
board.
enforcement
CD20:5
t 20,08
CLEARWATER CODE
commission a report containing information show.
ing the existence of a nuisance and the city
manager's application of the criteria set forth in
section 20.03 to the particular facts of the use or
condition which is tho basis of the report and a
brief statement of the city manager's recommen.
dation for city commission action.
(2) Notice of hearing, Upon submission of the
city manager's report to the city commission, the
city manager shnll schedule a, public hearing
before the city commission and shall provide
actual notice of such hearing to the person own.
ing, leasing, operating, occupying or having con.
trol of the premises where the nUeged nuisance
exists. The notice requirement may be satisfied
either by mailing or delivering written notice to
such person,
(3) Determination of existence of nuisance. At
the public hearing, the city commission shall
determine whether a nuisance exists by applying
the definition of nuisance provided in section
20,01 and the standards contained in section
20,03.
(4) Remedies. Upon a determination by the city
commission under subsection (3) of this section
that the use, activity or condition which fo.rms the
basis of the city manager's report constitutes a
nuisance pursuant to this chapter, the city com.
mission shall proceed as follows:
(a) The city commission may consider an agree--
ment with the offending person requiring
the person to take certain measures to
abate the nuisance. The agreement shall
include the measures to be taken by the
person and the time period within which
such measure must be completed,
(b) If an agreement cannot be reached or an
agreement is not followed, the city commis.
sian may, by resolution, request the state
attorney or the state attorney general to
seek judicial relief for abatement of the
nuisance pursuant to the provisions of F,S,
~ 60,05.
"""c) The city commission may direct the city
attorney to seek judicial relief for abate.
ment of the nuisance,
(Code '1980, ~fi 95.26-95.29; Ord, No. 5492-93. ~
1, 12-2-93)
Errata
Sec. 20.09. Same-Additional remedies.
Nothing contained in this article shall in any
way restrict the right to revoke, suspend or deny
an occupational license as provided in chapter 29,
article II. The remedies provided in this chapter
for the abatement of nuisances are in addition to
any other remedies provided in this Code.
(Code 1980, fi 95,30; Ord. No. 5492.93, fi I. 12.2.
93)
ARTICLE D. LOT CLEARING-
Sec. 20.31. Short title of article.
This article may be known os the lot clearing
ordinance.
(Code 1980, ~ 95,Ol(b))
Sec. 20.32. Dermitions.
The following words, terms and phrases, when
used in this article, shall have the meanings
ascribed to them in this section, except where the
context clearly indicates a different meaning:
Abandoned means voluntarily relinquished by
the owner for an apparently indefinite period of
time. As applied to motor vehicles or other articles
of personal property, the term includes but is not
limited to any motor vehicle or other article of
personal property which is left; upon private prop-
erly without the consent of the owner, lessee or
occupant thereof for longer than two hours.
Debris means abandoned or inoperative mate-
rial which is stored externally and shall include
but not be limited to one or more of the following:
discarded household items; inoperative or aban-
doned machinery, motor vehicles. boats, trailers
or household appliances, including but not lim-
ited to freezers, refrigerators, iceboxes, stoves,
dishwashers, and washing or drying machines for
clothing; or refuse, garbage, rubbish, trash, junk,
used scrap, lumber, steel, plumbing fixtures, in.
suIation, barrels, boxes, drums, piping, glass, iron
machinery, excelsior or plastic,
.Cross references-Public health, ch. 24; nuisnnce de.
clared for obstruction of driver's vision by trees and shru bbery,
, ~ 30.141.
CD20:6
-
~ ~ . ~ t
NUlSANCES
Excessiue growth means the growth oCweeds or
plante which are not cultivated or landscaped or
regularly tended which reach a height in excess oC
12 inches.
Externally means outside a Cully enclosed
building or structure, except that materials stored
in a carport shall not be deemed to be stored ex.
ternally.
Inaperatiue means not in working condition as
designed, or incapable of being operated lawfully.
For example, without limiting the meaning of the
term, a motor vehicle designed to be operated upon
the public streets shall be deemed inoperative if a
current registration tag, also known as a license
plate, of a kind required under state law as a con-
dition of operation upon the public streets is not
afllxed thereto, or if one or more parts which are
required for the operation of the vehicle are '
missing or not attached to the vehicle as designed.
Owner, with respect to real property, means the
person, corporation, partnership, or other legal en.
tity, singular or plural, which is a record owner as
recorded on the current tax rolls of the county.
For condominium property, the term "owner"
means the condominium association and not the
individual unit owners.
Property means any individual parcel of real
property or any portion thereof. '
(Code 1980, ~ 95,03)
Cross reference-Definitions and rules of construction gen.
erally, ~ 1.02.
Sec. 20.33. Authority to regulate.
Pursuant to the authority granted by article
VIII, section 2(b), Florida Constitution, and F.B, ~
166.021, known as the Municipal Home Rule
Powers Act, the city commission hereby estab.
lishes these rules and procedures wher.eby prCJp-
erty located in the city may be cleared of exces-
sive growth of weeds or other plants or cleared of
excessive accumulation of plant material or of de-
bris,
(Code 1980, ~ 95,01{a))
Sec. 20.34., Findings.
It is hereby declared that the excessive growth
or accumulation of weeds, undergrowth and Him-
Supp. No.4
I ': u .'~ ,.,.....,..
. ! .
-.
--
~ 20,34
ilar plant material, or the accumulation of debris
upon property situated in the incorporated limits
of the city is contrary to the public health, safety
nild general welfare because such growth or accu-
mulation creates a haven or breeding place for
snakes, rats, rodents and other vermin of like or
similar character, creates a breeding place for mos.
quitoes, creates a fire hazard to adjacent proper.
ties or adversely affects and impairs the value of
acijacent property, or constitutes an attractive nui.
sance whereby young children and other persons
may suffer injury or death, provides a point of
CD20:6,l
NUISANCES
collection of stagnant pools of water, contains
gasoline or other flammable materials) consti-
tutes a traffic safety hazard by obscuring the
vision of motorists) and by reason of such factors
is hereby declared to be a public nuisance. It is,
therefore) deemed to be in the best interest of the
public health, safety and general welfare that
such growths or accumulations be removed in
accordance with the procedures Bet forth in this
article,
(Code 1980, fi 95.02)
Cro.. refereDco-Obstruction of driver's vision generally,
G 30.141 et seq.
Sec. 20.35. Prohibited accumulations.
(1) Weeds, debris generally. No person shall
permit the excessive growth or accumulation of
weeds, undergrowth or other similar plant mate-
rials or the accumulation of debris upon property
situated in the city.
(2) On abutting rights-of-way. The owner of
any real property abutting any dedicated right-of-
way in the city shall' be required to keep such
right-of-way in a clean and sanitary condition at
all times by keeping it free from weeds and trash
of all kinds and by keeping the grass mowed. In
mowing the grass in the area designated in this
section) the property owner shall cut the grass in
such a manner that the grass as mowed does not
extend over the sidewrllk, bicycle path) curbline or
edge of pavement of an improved right-of-way by
more than four inches.
(Code 1980) fi 95,04)
Sec. 20.36. Exceptions to section 20.35.
(1) NotwithRtanding the provisions of section
20,35, an inoperative motor vehicle, boat) trailer
or other material which otherwise would be de-
fined as debris may be kept upon nonresidential
property where the owner or tenant is licensed for
the service or storage of such material.
(2) The provisions of section 20,35 relating to
weeds undergrowth or similar plant material shall
not apply to the following:
(a) Any lands within the incorporated area of
the city which are over five acres in area
an'd in an undeveloped state; as used in
this paragraph, the tenn "undeveloped staten
Supp, No. 13
G 20.38
,
shall mean land which is in a natural state
and land which has never been cut or
mowed;
(b) Wetlands and environmentally sensitive ar-
eas as designated in the adopted environ-
mental management conservation plan;
(c) Any parcel orland within the incorporated
area of the city which is undeveloped and
which is primarily in a natural state of
vegetation, and which is not otherwise in
violation of section 20.35.
(3) The provisions of section 20,35 shall not
apply to abandoned or inoperative motor vehicles
or boats found upon the public streets or pu~lic
property within the city, which shall be subject to
the notice and removal procedures set forth in
F.S. ~fi 705.102 through 705.104.
(Code 1980) fi 95.05; Ord. No. 5123, ~ 1, 10-3-91)
Sec. 20.37. Enforcement of article-Receipt
and investigation of complaints
by code enforcement officers.
The code enforcement officers of the planning
and development department and other employ-
ees duly authorized by the city moilager as code
enforcement officers are hereby designated as the
investigating and enforcing authorities pursuant
to this article. The code enforcement officers are
authorized and directed to receive all complaints
of a violation of this article, make inspections to
detennine if a. violation of this article exists,
gather all relevant information concerning such
complaints, conduct field investigations and in-
spections of real property, and enter upon real
property) with or without a warrant as required
by law, in the conduct of official business pursu-
ant to this article. The code enforcement officers
shall 'provide all notices to affected property own-
ers required by this article and shall take s~.ch
other action as may be reasonably necessary to
accomplish the purpose of this article.
(Code 19BO) fi 95.06; Ord, No. 5056) ~ 3, 1-3-91)
Sec. 20.98. Some-Notice of violation.
(1) Posting. Upon completion ofthe field inves-
tigation by the code enforcement officer and de-
termination that a violation of this article exists,
the property shall be posted with a notice advis-
CD20:7
"
o 20.38
CLEARWATER CODE
ing of the existence and nature of the violation
and requiring compliance within ten days after
the date of posting or the filing of a notice of
appeal to the code enforcement board during such
ten-day period. A copy af the notice shall be
mailed to the praperty owner by certified mail.
return receipt requested. or given to the property
owner by personal service, within five days fal-
lowing the date of posting.
(2) Content. The notice shall require that the
owner cause the violation to be remedied within
ten days or tile a written notice of appeal with the
city clcrk requcsting a hearing before the code
enforcement board and, in the absence of compli-
ance or the filing of a notice of appeal within the
ten-day time period, the city shall have the right
to enter the property and have such work done on
behalf of the owner at cost to'the owner, including
the administrative costs authorized by section
20.39, which shall become a lien against the
property until paid. If a written notice of appeal is
timely filed with the city clerk, the city clerk shall
noti(y the owner by certified mail, return receipt
requested, of the date and time when the owner or
his agent or representative shall appear before
the code enforcement board to show the board
that the condition described in the notice of vio-
lation did not exist at the time the notice was
issued, or to show good cause why the condition
should not be remedied by the city at the expense
of the owner. The notice by the city clerk shall also
state that if the owner fails to appear before the
code enforcement board at the designated time, in
person or by representation. and has failed to
take action to remedy the condition before the
date specified by the code enforcement officer for
compliance. then the owner shall be deemed to
have authorized the city manager or a city em-
ployee designated by the city manager for such
purpose to enter the property and take such
action as is necessary to remedy the condition.
without further notice to the owner. at cost to the
owner, including the administrative costs autho.
rized by section 20,39, which shall become a lien
upon the property until paid.
(3) DelilJery. For the purpose of giving notice to
the owner. the name and address of the owner
according to the records of the property appraiser
of the county shall be used. Notice shall be given
Supp. No, 13
when personally served upon the owner, or any
owner if more than one, or when mailed by
certified mail. return receipt requested. The re-
fusal of an owner to accept delivery of notice shall
not be deemed a failure to give notice.
(Code 1980, ~ 95,07; Ord. No, 5056, ~ 3. 1-3-91;
Ord, No. 5123. ~ 2.10-3-91; Ord. No. 6005-96, ~ 1.
4-18-96)
Crou reference-Municipal code enforcement boord, ~
2.211 et seq.
Sec. 20.39. Same-Hearing before code en-
forcement hoard.
(1) The code enforcement board shall provide
each property owner receiving notice of a viola-
tion who elects to appeal the notice of violation
and who appears on the date and at the time
designated for the hearing an opportunity to
appear and be heard and to present evidence or
testimony. Upon hearing all testimony and evi-
dence concerning the alleged violation, the board
shall determine whether or not the condition as
described in the notice of violation existed at the
time the notice was issued and, ifit is detennined
to have existed. whether the condition continues
to exist and should be remedied at the expense of
the owner. and shall inform the owner of its
decision at the board meeting.
(2) If the board determines that the condition
a8 described in the notice of violation did not exist
at the time the notice was issued or that the
condition should not be remedied at the expense
of the owner, for good cause shown, then the
notice of violation shall be deemed of no further
effect.
(3) If the board determines that the condition
as described in the notice of violation does existtand should be remedied at the expense of the
owner, the owner shall have ten daYR from the
date of the board's determination to remedy the
condition. unless the board specifies a later date.
Upon the failure of the owner to remedy such
condition within the time allowed, the city man-
ager shall authorize the entry upon the property
and such action as is necessary to remedy the
condition. without further notice to the owner.
The city manager may grant the owner an exten-
sion of time not to exceed seven days, upon
request, and for good cause shown, in which to
remedy the condition at the owner's expense.
CD20:B
NtnSANCES
~ 20.61
(4) If action to remedy the condition is taken by
the city, the actual costs of such action plus ad.
ministrative costs in the amount of $200,00 shall
be owed by the owner to the city and shall consti.
tute a lien against the property until paid, If the
owner tokes action to remedy the situation after
the time allowed herein, including any extensions
if granted, the administrative costs shall be owed
by the owner and shall const.itute a lien against
the property until paid, '
(Code 1980, Y 95,08; Ord. No. 5123, ~ 3, 10.3.91)
, Ie
Sec. 20.40. Same-Lien against property.
(1) Notice prior to assessment, Prior to the as.
sessment of lions by the city commission in accor.
dance with subsection (2) of this section, the codo
enforcement officer shall provide each property
owner with a written notice by regular mail of the
cost to clear the property, together with the ad-
ministrative costs, ifapplicable, which total would
be assessed against the property, together with
an invoice for payment thereof. The notice shall
require payment within 30 days of the date of
notice and shall state that it shall constitute a
lien against such property if payment is not re-
ceived within 30 days. If payment is not received
within the 30.day period by the city, the city clerk
. shall assess the amount against the property in
the manner provided by subsection (2) of this sec-
tion, No lien shall be assessed by the city commis-
sion against any property prior to the expiration
of the grace period set forth by this section.
(2) Established. The city clerk. upon notifica.
tion from the city manager of the costs associated
with taking remedial action pursuant to this ar-
ticle, shall request the city commission to adopt a
resolution assessing such costs, The city commis-
sion is hereby authorized to assess against prop.
erty upon which remedial action has been taken
by the city pursuant to this article, the actual cost
to the city of clearing the property plus adminis-
trative costs in the amount specified in section
20.39, or the administrative costs alone if the
owner took remedial action after the time allowed
in subsection (1) of this section. Such costs shall
constitute a lien against the property until paid.
A notice of lien in such form as the city commis.
sian shall determine may be recorded in the public
records of the county as other liens are recorded,
The notice, upon recording, shall be a construc.
tive notice of the existence of the lien which may
be foreclosed by the city in the manner in which
mortgages are foreclosed pursuant to general law,
(3) Interest. The principal amount of all assess.
ment liens levied and assessed pursuant to this
article shall bear interest at the going rate ex.
isting at the time in the marketplace or Craction
thereof from the date the lien is filed and the in.
terest as provided in this section shall also con-
stitute a lien against the property assessed.
(4) Satisfaction. Upon payment to the city of
the total amount of the lien established pursuant
to this section, plus interest accrued thereon. a
satisfaction of such lien shall be prepared and
signed by the city manager, the mayor-
commissioner. the city clerk and the city attorney
which satisfaction of lien shall then be filed in the
public records of the county. Such satisfaction of
lien shall be filed in accordance with the require-
ments of general law pertaining to cancellation of
liens against real property,
(Code 1980, ~~ 95.11-95,14; Ord. No. 5056, ~ 3,
1.3-91)
Sec. 20.41. Alternative enforcement proce.
dure; fine required.
As an alternative to the enforcement procedure
set forth in sections 20.37-20,40, any violator of
this article may be cited by a code enforcement
officer and be subject to a civil penalty in accor.
dance with section 1.12(3), Any violation of this
article which is subject to a civil penalty as set
forth in section 1.12(3) shall be a class III viola.
tion,
(Ord. No. 5056, ~ 4, 1.3-91; Ord, No. 5134, ~ 6,
9.19.91)
ARTICLE Ill, NOISE'"
Sec. 20.61. Prohibited generally.
It shall be unlawful for any person to willfully
make, continue or cause to be made or continued
any loud and raucous noise, which term shall mean
.CrOBS rcference-Mumlng devices for ves6els, ~ 33.053.
State law reference-Motor vehicle noise, F.B. !i 403.415.
CD20:9
I 20,61
CLEARWATER CODE
any sound which, because of its volume level, du-
ration and character, annoys, disturbs, injures or
endangers the comfort, health, peace or safety of
reasonable persons of ordinary sensibilities within
the limits of the city. The term includes the kinds
or noise generated by the activities enumerated in
section 20.62, except as provided in section 20,64.
The term shall be limited to loud and raucous
noise heard upon the public streets, in any public
park, in any school or public building or upon the
grounds thereof while in use, in any church or
hospital or upon the grounds thereof while in use,
upon any parking lot open to members of the public
as invitees or licensees, or in any occupied resi.
dential unit which is not the source of the noise or
upon the grounds thereof, and in any event from
. a location not less than 60 feet from the source of
the noise, measured in a straight line from the
radio, loudspeaker, motor, horn, or other noise
source.
(Code 1980, ~ 96.01)
Sec. 20.62. Enumerated.
The following acts, as limited by section 20,61
and subject to the exceptions provided in section
20,64, are declared to be public nuisances in vio-
lation of section 20.61, namely:
(1) Engine exhaust. The dincharge into the open
air of the exhaust of any steam engine or
stationary internal combustion engine ex.
cept through a mamer or other device which
will effectively prevent loud and raucous
noises therefrom.
(2) Pile driuers, etc. The operation between the
hoursof6:00 p.m. and 7:00 a,m, on any day
or at any time on Sunday, of any pile driver,
steam shovel, pneumatic hammer, derrick,
dredge, steam or electric hoist or other ap.
pliance, the use of which is attended by loud
and raucous noise.
(3) Blowers, etc, The operation ofnny blower or
power fan or any internal combustion en-
gine, the operation of which causes loud and
raucous noise, unless the noise from such
blower or fan is mumed or such engine is
equipped with a muffier device sufficient to
prevent loud and raucous noise.
h.. '.1.~...,o(".~1'~
(4) Horns, signaling deuices, etc. The sounding
of any horn, whistle or other audible sig.
naling device so as to create a loud and
raucous noise,
(6) Radios, amplifiers, phonographs, etc. The
using, operating or permitting to be played,
used or operated any radio, amplifier, mu.
sical instrument, phonograph or other de-
vice for the producing or reproducing of
Bound in such manner as to cause loud and
raucous noise.
(6) Sound trucks, No amplifier or loudspeaker
in, upon or attached' to a sound truck or
other device for amplifying sound shall be
operated or permitted to operate within the
city for advertising purposes or to attract
the attention of the public.
(7) Yelling, shouting, etc. Yelling, shouting,
whistling or singing at any time or place so
as to create a loud and raucous noise be-
tween the hours of 10:00 p.m. and 7:00 a.m.,
on any day,
(8) Animals, birds, etc. The keeping of any an-
imal or bird which habitually causes a loud
and raucous noise, .
(9) Defect in ue!&icle or load. The use of any
motor vehicle so out of repair, 50 loaded or
in such manner as to create loud grating,
grinding, rattling or other loud and rau.
cous noise or which is not equipped with a
mumer in a good working order and in con.
stant operation 50 as to prevent loud and
raucous noise.
(10) Construction or repairing of buildings. The.
erection including excavating, demolition,
alteration or repair of any building 50 as to
create a loud and raucous noise other than
between the hours of 7:00 a.m. and 6:00
p,m. on any day or at any time on Sunday,
except in case of urgent necessity in the
interest of public health and safety and then
only with a permit from the building di-
rector, which permit may be granted for a
period not to exceed three working days or
less while the emergency continues and
which permit may be renewed for succes-
sive periods of three days or less while the
CD20:10
NUISANCES
emergency continues, If the building direc-
tor should determine that the public health
and safety necessitates the issuance ofsuch
n permit and will not be impaired by the
erection, demolition, alteration or repair of
any building or the excavation of streets
and highways within the hours of6:00 p.m.
and 7:00 a.m. or on Sunday, he may grant
permission for such work to be done within
such hours or within a shorter time period
during such hours, upon application being
made at the time the permit for the work is
issued or during the progress of the work,
(11) Noises heard within schools. public build-
ings, churches, hospitals. The creation of
any loud and raucous noise heard within
any school, public building, church or hos-
pital, or the grounds thereof, while in use,
which interferes with the workings of such
institution, or which disturbs or annoys pa.
tients in the hospital.
(12) Noises to attract attention. The use of any
drum or other instrument or device to cre-
ate a loud and raucous noise,
(Code 1980, ~ 96.02)
Cro... references-Animals generally, ch. 8; construction
of streets and sidewalks generally, ~ 28.31 et sDq.; traffic and
motor vehicles generally, ch. 30; buildings and building regu-
Intiol14 generally, ch. 47.
Sec. 20.63. Persons responsible.
Any person, owner, agent or supervisor in charge
of operating, ordering, directing or allowing the
operation or maintenance of a device or machine
creating noise as prohibited in this article shall be
deemed guilty of violating this article.
(Code 1980, ~ 96.03)
Sec. 20.64. Exceptions to article.
The term "loud and raucous noise" does not in-
clude noise or sound generated by the following:
(1) Cries for emergency assistance and warn-
ing calls;
(2) Radios, sirens, horns and bells on police,
fire and other emergency response vehi-
cles;
(3) Parades, fireworks displays and other spe-
cial events for which a permit has been ob-
Supp. No.9
t
tnined from the city, within such hours
may be imposed as a condition for the iSI
ance of the permit;
(4) Activities on or in municipal and school ati
letic facilities and on or in publicly owne
property and facilities, provided that sud
activities have been authorized by the own.
er of such property or facilities or its agent;
(5) Fire alarms and burglar alarms, prior to
the giving of notice and a reasonable oppor-
tunity for the owner or tenant in possession
of the premises served by any such alarm
to turn off the alarm;
(6) Religious worship activities, including but
not limited to bells and organs;
(7) Locomotives and other railroad equipment,
and aircraft;,
(Code 1980, ~ 96,04)
ARTICLE IV: INOPERATIVE VEmCLES
ON PUBLIC PROPERTY
Sec. 20.71. Inoperative vehicles on public
property_
(1) Notwithstanding anything contained here-.
in to the contrary, the following words, terms, and
phrascs, when used in this articlc shall have the
meanings described to them in this subscction,
except where the context clearly indicates a dif-
ferent meaning:
Inoperative vehicle means a vehicle that is in a
state of disrepair and incapable of being moved
under its own power, or a vehicle that is incapable
of being operated lawfully on the streets of the
state, A motor vehicle shall be deemed inoperative
if a current registration tag, also known as a li-
cense plate, of a kind r~quired under state law as
a condition of operation upon the public streets is
not affixed thereto, or if one or more parts which
are required for the operation of the vehicle are
missing, were dismantled, are inoperative or are
not attached to the vehicle as designed.
Public property means any city owned, leased,
controlled, dedicated or platted real property, in-
cluding but not limited to parks, marinas, alleys,
streets, rights-or-way or other real property,
OD20:11
.: I
'.~ 'i.: _... t,A ......
..l.,..j....>
"\ ..,
. 1.1,
f 20.71
CLEARWATER CODE
"
':-"
(2) The keeping, stOring, or parking of an inop-
erative vehicle' on any public property is hereby
declared to be a nuisance. It shan be unlawful for
any person to keep, store, park, or allow to 'remain
on public property any inoperative vehicle.
'. (3) This article may be enforced by any law en-
forcement officer, traffic infraction enforcement of-
ficer, or code enforcement inspector 'certified as a
, ,parking: enforcement specialist. 'A law enforce-
, ment officer, tramc infraction enforcement officer,
or code enforcement inspector certified as a park-
ing enforcement specialist is authorized to re-
, move, have removed, or impounded any inopera-
tive vehicle which reasonably appears to be in '
violation of this article. Any law enforcement of-
ficer, traffic infraction enforcement o~cer, or code
enforcement inspector who intends to remove, have
removed, or impounded any inoperative vehicle
~derthis article shall comply with the proce-
dures provided for in F,S. Ch. 705, as that chapter
'relates to the impounding of property located on
, public property. Traffic infraction enforcement or-
, fleers and code enforcement inspectors are hereby
authorized and designated by the city, to admin-
ister the provisions of F.B, Ch. 705, as they relate
to lost; abandoned or inoperative vehicles,
(Ord. No. 5710-94, ~ 1, 1-5-95)
"
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F.$. 1995
-
equenl mortga.
e or mortgages,
d of the amount
Illly of a misde.
ble as provided
888. eh. 71-136.
.yond the limits
and without the
~h a lien thereon,
ceive or remove
ts 'of the county.
h lien from the
of, and whoever
bstruct, delay or
Is rights against
a misdemeanor
ed In s. 775,082
eforo dobt due,
y deposited wilh
may be due him
ses of the same,
due and payable,
n depositing the
anor of the first
s, 775.082 or s.
S 5205; CG\. 7319. s, 89J.
posal of property
Ie; penalty.-
n of any person~1
contract or condl'
e to saId personal
or, shall sell, c~n'
perty without first
son then having or
rsonal property so
me. I
the provisions 0
a misdemeanor of
vided ;n s. 775.082
,. Il9I. eh. 71-136,
F,S. 1995
PUBLIC NUISANCES
Ch,823
823.01
823.02 '
823.04
823.041
823.05
823,06
823.07
823.08
823.09
823.10
823.11
823,12
823.13
823.14
823.145
823,15
CHAPTER 823
PUBLIC NUISANCES
823,02 Building bonflres.-Whoever is concerned
In causing or making a bonfire within 10 rods of any
house or building shall be guilty of a misdemeanor of the
second degree, punishable as provided in s. 775.082 or
s. 775.083.
H"1Cl1y._I, 12. eh. 1537. 1800; RS 2105: GS 3681' FIGS 5625. CGL 7618, I, 933,
" 11-136, & 66. cI1, 74-3Il3; 5 I. en 15-24; s, 41. eh, 15-200
Nuisances: penally.
Building bonfires.
Animals suffering from disease or pests,
Disposal of bodies of dead animals: penally.
Places declared a nuisance: may be abated
and enjoined.
Doors of public buildings to open outward.
Iceboxes, refrigerators, deep-Ireeze lockers,
clothes washers, clothes dryers, or airtight
units; abandonment, discard.
Iceboxes, refrigerators, deep-freeze lockers,
clothes washers, clolhes dryers, or similar
airtight units abandoned or discarded:
attractive nuisance.
Violation of s. 823.07; penalty.
Place where controlled substances are ille-
gally kept, sold, or used declared a publir.
nuisance.
Abandoned and derelict vessels: removal;
penally.
Smoking in elevators unlawlul: penalty.
Places where obscene materials are illegally
kept, sold. or used declared a public nui.
sance: drive-in theaters, films visible from
public streets or public places.
Florida Right to Farm Act.
Disposal by open burning of mulch plastic
used in agricultural operations.
Dogs and cats released frorr. animal shelters
or animal control agencies: sterilization
requirement.
823,01 Nuisances; ponalty.-AII nuisances which
tend to annoy the community or injure Ihe health of the
citizens in general, or to corrupt the public morals, are
misdemeanors of the second degree. punishable as pro-
vided in s, 775.063.
HIIIOIy.-1 47. Feb. 10, 16.12. RS 2704; GS 3660, RG5 5624. CGl 7617: s, 932.
c" 11-136; s, 32. ell, 73-334; &. 66. eh 74-383. 1.1. ell 15-24; s. 41. ell, 15-296;
I Ie, ell, 83-214
punishable as provided In s, 775.082. s, 775.083, or s,
775.084,
Hluory.-a 1. ell 4351. 1695. GS 3692, ROS 5631; CGL 1BJ(l, S 935. eh, 71-136:
s. 66. eh, 74.3Il3; I. 1. ell, 75-24; s. 41. ell 75-296, I, 4. cI1 8<1.72.
823,041 Disposal of bodies of dead anImals; pen-
alty.-
(1) Any owner, custodian, or person in charge of
domestic animals, upon the death of such animals due
10 disease, shall dispose of the carcasses of such ani.
mals by burning or burying at teast 2 feet below the sur-
face of Ihe ground: provided, however, nothing in this
section shall prohibit the disposal of such animal car.
casses to rendering companies licensed to do business
in this state.
(2) It is unlawful to dispose of Ihe carcass of any
domestic animal by dumping such carcass on any pub,
lie road or right-of-way, or in any place where such car-
cass can be devoured by beasl or bird.
(3) Any person violating any of the provisions of this
section shall be guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s.
775,083.
(4) For the purposes of this act. the words "domestic
animal" shall Include any equine or bovine animal. goal,
sheep, swine, dog, cat, poultry, or other domesticated
beast or bird.
HISIOIy.-ss" t. 2. 3. 4. eh 61-359. s 936, ell 11-136.,,66. et>, 74.363 s, I. ell
15-24; s. 41, ell. 15-298
823,05 Places declared a nuisance; may be abated
and enjolned,-Whoever shall erect, establish, con.
tinue, or maintain, own or lease any building, booth, tent
or place which tends to annoy the community or injure
the heallh of Ihe community, or become manifestly injuri-
ous to the morals or manners of Ihe people as described
in s. 823.01. or shall be frequented by the class of per.
sons mentioned in IS. 856.02, or any house or place of
prostitution, ~ssignatlon, lewdness or place or building
where games of chance are engaged in violation 01 law
or any place where any law of the state is violated, shall
be doemed guilty of mainlaining a nuisance, and the
building, erection, prace, tent or booth and the furniture,
fixlures and contents are declared a nuisance, All such
places or persons shall be abaled or enjoined as pro,
vided in ss. 60.05 and 60.06.
HI.IDry.-s, 1. ell. 1367. 1917; RGS 5ro9. CGl1832. $. 24. eh, 57-1; s, 00, ell
74-363. $, 1. en, 15-24. S. 41. en, 75-296,
'NDI..-Hcpen1cil by 5, 3. eh 72.133,
823,04 Animals suffering from disease or pests.-
It is unlawful for any person to bring inlo this state or to 823,06 Doors of public buildings to open outward,
offer for sare herein any horses, mules, catUe. hogs, or All buildings erected in this state for theatrical, operatic.
01her domestic animals, knowing at Ihe time of such or other public enterlainments of whatsoever kind shall
Introduction or offering for sale of any such animals that be so constructed that Ihe shutters to all entrances 10
~hey are suffering from con1agious or inlectious disease said building shall open outwardly and be so arranged
~r any pests declared by rule of the Department of Agrl. as to readily allow any person inside said building 10
~Ullure and Consumer Services to be a public nuisance escape therefrom in case of fire or olher accident. Any
~nd to be dangerous, transmissible, or a threat to the owner, manager, lessee, or other person having charge
~gncullural Interest of the state. Any person convicted of any public building lor the use expressed herein who
~f Such offense is guilty of a felony of the third degree, lalls to comply wilh the provisions of this section shall
1693
TO:
,FROM:
DATE:
SUBJECT:
MEMORANDUM
City Commission
Mike Roberto, City Manager
October 29, 1998
1350 Gulf Boulevard property ~ Sand Key
A. BACKGROUND INFORMATION:
CHRONOLOGICAL HISTORY:
From August 1996 through October 1997; the Community Response Team received six
(6) complaints from citizens regarding the conditions of the above referenced property..
Le. overgrown, debris, unsightly, inoperative vehicles.
In December of 1997, a complaint was received regarding temporary trailers being
stored on the lot and the building permit for work to be completed had expired.
Building Inspector, Bob Scott and Code Inspector Julie Phillips both received numerous
citizen calls regarding this violation and made several visits to the site to address code
violations. The following is a chronological listing of activity on this case:
9/30/93
10/20/93
11/8/93
1/13/95
1/19/95
8/6/96
8/15/96
9/23/96
7/26/97
8/1/97
10/31197
i'. ..
Complaint regarding overgrown vacant lot; posted for 10/13/93.
Lot not cleared, worksheet sent to contractor.
Property cleared by contractor.
Complaint regarding sidewalk covered with debris, mud hole;
photographed site, will forward to Engineering for their opinion,
Met with Engineering, City no longer has jurisdiction over right of way at
this location; county to maintain,
Complaints received regarding property not being maintained; inoperative
vehicles left on site.
Lot was cleared by owner.
Inoperative vehicles were removed,
Complaint received regarding a stove and debris left on property;
Inspector advised owner of violations; building materials also on property,
not in violation at this time due to active permit.
Stove and non construction debris was removed.
Complaint received regarding debris on property and boat being stored
on lot.
()
1
11/12/97
11/21/97
12/31/97
1/2/98
1/8/98
1/29/98
2/24/98
3/13/98
4/23/98
4/24/98
5/1/98
5/11/98
5/27/98
6/26/98
8/28/98
9/18/98
10/2/98
10/28/98
Boat was moved off construction site but did not have a current tag;
posted for 11/14/97.
Boat corrected by owner.
Initial inspection visit by Building Inspector. No one at the site.
STOP WORK ORDER issued to property owner for having trailers on the
site with expired permits.
Received copy of letter from Glen Johnson Inc. requesting more time for
compliance due to the possible use of this property for staging of the
beach renourishment project.
NOTICE OF VIOLATION sent certified mail to the property owner.
Hand delivered NOTICE OF VIOLATION to Mr. Bob Gorges, owner's
representative, at the site.
Received letter written to Asst. City Manager, Bob Keller, requesting
meeting to resolve any concerns the City has.
Re-mailed NOTICE OF VIOLATION to owner's addresses as listed in
County public records (see attachments).
Posted the NOTICES OF VIOLATION sent on 4/23 at the site,
Received copy of letter from Weeks Marine, Inc., beach renourishment
contractor, notifying the City that they will not be using lithe property or
services of Glen Johnson & Co. for work on this project."
Posted NOTICE OF HEARING for Municipal Code Board at the site,
Municipal Code Enforcement Board hearing - Glen Johnson, registered
agent for the property owner, was given 30 days to correct the violation or
a $150.00 per day fine would be assessed for each day the violation
continues after that time,
Property still in violation; sent Affidavit of NonMcompliance to the City
Clerk and City Attorney's offices; sent copies to the property owner and
registered agent.
Complaint received regarding overgrowth on the property; property was
posted by CRT, photos taken.. .
CRT re-posted property to have cleared by 10/3/98 or the City contractor
would perform the job and the property owner would be billed,
CRT inspector spoke to employee at Glen Johnson's office. Inspector
received threatening remarks to if City attempted to clear the property,
Property has been mowed and debris removed; trailers remain in
non-compliance with the Code.
B, SUMMARY:
. The property owner has not followed through on plans of construction on this site.
The site has been in violation of City codes. The neighbors have repeatedly
complained to the City and asked for help in cleaning up the site and having the site
be consistent with all the other properties in this area.
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. The Sand Key Homeowners Association has met with City staff and management
and requested all avenues be explored to have the site cleaned up ,
. Property owner has been unresponsive in either cleaning up the site or construction
of a legal development.
C. FINDINGS OF FACT:
Based upon the information obtained by visits to the site, observations by the
neighborhood and members of the neighborhood association, and pursuant to City of
Clearwater Code Chapter 20 and Florida State statute Chapter 823, staff submits the
following findings of fact:
1. Whereas. the property owner has allowed the repeated existence of excessive
growth, as defined in City ordinance; and
2, Whereas, the property owner has allowed the repeated accumulation of debris and
trash that can contain rodents, reptiles or other vermin. or furnishes a breeding
place for flies, mosquitoes, or weed-destroying insects; and
3. Whereas, the property owner has allowed the continuance of outdoor storage of
construction materials and equipment; therefore
D. RECOMMENDATION:
Based upon the analysis conducted and the findings of fact listed above, staff
recommend the city commission declare that a nuisance exists and direct the city
attorney to seek judicial relief for abatement of. the nuisance. '
P,
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ORDINANCE NO. 6332.98
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
RELATING TO THE BUILDING AND DEVELOPMENT
REGULATIONS; AMENDING SECTION 47.051, ADOPTION AND
ENFORCEMENT, TO ADOPT THE 1997 EDITION OF THE
STANDARD BUILDING CODE AND STANDARD MECHANICAL
CODE; PROVIDING AN EFFECTIVE DATE,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER. FLORIDA:
14
Section 1, Section 47,051 (1 )(a), Code of Ordinances, is amended to read:
Sec. 47.051. Adoption and enforcement
(1) There shall be enforced within the city, by the building official, the following
standard or national codes, which are adopted by reference:
(a) Standard Codes, 1991 oditions, published by the Southern Building Code,
Congress International, Inc.:
1. Standard Building Code, 1997 edition, including but not limited to chapter
39. the Coastal Construction Code; chapter 40, the County Wide Pool Code; and
Appendix C.
2. Standard Plumbing Code, 1994 edition, with Appendixes B, C, G, I, and
J,
3. Standard Mechanical Code, 1997 edition,
Note: All references to the Standard Gas Code in the Standard Building, Plumbing, or
Mechanical Code are to be interpreted as reference to NFPA 54 or NFPA 58,
.
*
*
*
*
Section 2. This ordinance shall take effect on October 1, 1998.
PAsseD ON FIRST READING
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Attest:
c;
Cynthia E, Goudeau
City Clerk
.
Plnellas
Counw
Construction
Ucenslng
Board
TO:
ALL BUILDING OFFICIALS
INTERESTED PERSONS/ORGANIZA TIONS
FROM:
SUBJ:
WILLIAM J. OWENS, EXECUTIVE DIRECTOR
STANDARD BUILDING CODE~ 1997 EDITION
JuJy 23, 1998
DATE:
The PineJIas COWlty Constroction Licensing Board has adopted the Standard Building
Code, 1997 edition, with amendments for countywide application and enforcement, in all
jurisdications. ]lte 1997 edition may be used by the design professional or pennit applicant
between July 21, 1998 and September 30, 1998 on a permissive basis; the 1997 edition, with
amendments, is mandatory on October 1, 1998.
The amendments are listed below. Printed copies will be distributed to building
departments as they become available.
AMENDMENTS
STANDARD BUILDING CODE, 1997 EDmON
.
SECTION AMENDMENT
101.4.4 Amend to read:
101.4.4 Gas
The provisions of the Standttrd Gos Code NFPA S4 an<! NFPA 58 shaU apply to the
instaUation of consumers' gas piping, gas appJiances, and related accessories as
covered in this code. These requirements apply to gas piping systems extending from
the point of delivery to the inlet connections of appliances, and the installation and
operation ofresidentiaJ and commercial gas appliances and related accessories. Note:
All references toJhe StaJldflrd Oa~ Cod" in this ~~ are to ~ intctpreted as references
fo NFPA S4 and NFPA 58.
Suite 102 · 11701 Belcher Rood · largo, Florida 3377J.5116 · Telephone (813) 536-4720. FAX 538--4797
--....-......~
I~
Appeals the oigricved party must first appeal to the local ward, After a decision is
rendered by the local board the ae~rievcd par1y shall have IS days to file an appeal
with the Countywide Board of A(ljustm<;nt and Appeals, The CBAA shall hav,
authority to intclllret codes as adopted for Countywhfc application and enforcement.
Final decisions of the Countywide Board of Adjustments and Appeals shat) be based
upon substantial competent evidence and1ihall be subject to certiorari review in th~
circuit court in and for Pinel1as Count)'.
202 Add to Definitions:
Accessory Buildine. Any buildin2 or structure or portion thereto located on the same
property the use of which is incidental to th{lt ofthe main buildine.
Court. A space. open and unobstructed to the sky~ located at or above wad~ level on a
lot and bounded on three or more sides by walls or building.
Mobile home Roof Over. A new exterior structural metal coverini system installe<f
with or without the use ofthennal insulation on or above an existini: mobile hom~
metal roof system.
504 Add:
704.1.1
704.1.1.1
.
1007.3.1
1203.2.1
1203.2.1
1504.1.6
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Exception; Openin2s in mini-stora2e buildini exterior bearin~ or non-bearini walls
shall nnt be limited where horizontal separation exceeds 20 feet.
Add new sectiop;
Separation (or SprinkJered BlIildiQi~
When a complete automatic sprinkler &)'stcm is provided and is not required by other
sections of.his code the separation requirements shall be as follows:
a.
b&
Two-hour separation may be reduced to one-hour separation.
four-hour separation may be reduced to two-hour separat~
Add Exception:
Ex~tion; As an alternate desian the depth of eveQ' tread in a stai~ shall be not
less than 11" and the heiiht of the riser shaH not exceed 7 3/4".
Add Exception:
EXCEPTION: Where space under an existing coons to be converted to habitable
space on an existing R3 structure or an existin~ mobile home the room shall have a
~i1ini hei~ht of not less than seven feet (n.
Amend:
Self-sealing asphalt strip shingles shall have a minimum of six nails f03teners per
shingle when the roof is in one of the following categories:
-
'< (
Ilj
Appendix C Amend to read:
All one and two family dwellings not more than three stories in height and their
accessory structures shaH Il1DX be pennitted to be designed and constructed in
accordance with the CABO One and T~o Family Dwelling Code. AU structures
constructed in accordance with this appendix shall meet the height and area
requirements for R3 occupancies in Table Soo of the Standard Building Code.
Chapter 39 Add chapter:
Chapter 39 Coastal Construction Code
Chapter 40 Add chapter:
Chapter 40 Countywide Pool Code
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ORDINANCE NO. 6340~98
\5
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED AT THE
INTERSECTION OF STOCKTON DRIVE AND STEVENSON'S
DRIVE, CONSISTING OF LOT 7, BLOCK C, STEVENSON
HEIGHTS SUBDIVISION, WHOSE POST OFFICE ADDRESS IS
1601 STEVENSON DRIVE, CLEARWATER, FLORIDA 33755,
INCLUDING THE ABUTTING RIGHTS~OFRWAY OF STOCKTON
DRIVE & STEVENSON DRIVE, INTO THE CORPORATE LIMITS
OF THE CITY. AND REDEFINING THE BOUNDARY LINES OF
THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN
EFFECTIVE DATE,
WHEREAS, the owner of the real property described herein and depleted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Sectlon 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 folrowing~escribed property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 7, Block C, Stevenson's Height Subdivision, including the abutting rights-ofMway
of Stockton Drive & Stevenson Drive (A 98-27)
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 Plnellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
MayorRCommissloner
Attest:
Cynthia E, Goudeau
City Clerk
Ordinance No, 6340-98
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O\mLEA
PROPOSED ANNEXATION
AND ZONING CLASSIFICATION
'* \5
WNER: Agnes E Akina
ADDRESS: 1601 Stevenson Drive
COUNTY:
CITY:
LAND USE PLAN
Residential low
Residontia' low
ZONING
R=3-
RS8
A: 98-27
PROPERTY DESCRIPTION: Stovenson's Hoights, Block
C, lot 7
GENERAL LOCATION At intersection of Stockton Drive
ATLAS PAGE: 269B
ACRES: 0.17 m,o,l,
Right-of-way: ** ACRES: 0,23
SEC:10 TWP: 29 S RGE: 15 E
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EXHIBIT "AII
Ordinance No. 6340-98
~~R,
ORDINANCE NO. 6341-98
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED AT THE INTERSECTIION
OF STOCKTON DRIVE AND STEVENSON'S DRIVE,
CONSISTING OF LOT 7, BLOCK C, STEVENSON'S HEIGHTS
SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1601
STEVENSON DRIVE. CLEARWATER. FLORIDA 33755,
INCLUDING THE ABUTTING RIGHTSMOF-WAY OF STOCKTON
DRIVE & STEVENSON DRIVE, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS SINGLE-FAMILY RESIDENTIAL
uEIGHT' (RS-8); PROVIDING AN EFFECTIVE DATE,
l~
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
Zoning District
Lot 7, Block Ct Stevenson's Heights. including
the abutting rights-of-way of Stockton Drive &
.. Stevenson Drive (A 98-27)
Single-Family Residential WEight" (RS-8)
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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. 6340-98.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
'If . ~
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Leslie K. Dougalr!s de9~
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
OrdInance No, 6341-98
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PROPOSED ANNEXATION
AND ZONING CLASSIFICATION
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WNER: Agnes E AkJnI
ADDRESS: 160 1 Stevenson Drive
COUNTY:
CITY:
LAND USE PLAN
RosidentiBt low
Residential Low
ZONING
R.3
RS 8
A: 98.27
PROPERTY DESCRIPTION: Stevenson's Heights, Block
C, lot 7
GENERAL LOCATION At intersection of Stockton Drive
ATLAS PAGE: 269B
ACRES: 0.17 m,o,l.
Rrght-of-way: ** ACRES: 0,23
SEC:10 lWP: 29 S RGE: 15 E
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Ordinance No. 6341-98
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INTEROFFICE MEMO
17
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To:
Mayor and City Commissioners
George E, MCKibbeJ~chaSing Manager
From:
Copies: Michael J. Roberto, City Manager
Cynthia E. Goudeau, City Clerk
Subject: Purchases to be approved at the November 19, 1998 City Commission Meeting
Date: October 25, 1998
All items recommended for purchase and delivery during the 1998/99 fiscal year arc included in the
approved 1998/99 budget. Funding for contracts extending into future fiscal years will be included in
the City Manager's recommended budget for the appropriate fiscal year. All recommended vendors arc
the lowest most responsive bidders in accordance with the specifications unless a specific exception is
noted.
1. Extend the contract with Tree Line Sales and Service, Inc., Tampa, Florida, in the estimated amount
of $40,000., for annual inspection and repair of aerial buckets and cranes utilized by various departments
during the contract period November 20, 1998 through December 31, 1999, This is the first oftwo
available extensions authorized under the tenns of Bid 38-98. Appropriation code: 566- 06611-546500-
519-000 (General Support Services Administration)
( ,
2, Extend the contract with Kelly Services, Clearwater, Florida, in the estimated amount of $45,000.00,
for temporary employment service utilized by all departments during the contract period Dc:cember 1,
1998 through November 30, 1999. This is the first oftwo available extensions authorized under the
tems of Bid 208-97. Appropriation code: XXX-XXXXX-530300-XXX-000. (Human Resources
Administration)
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3. Award a contract to Lakeside Occupational Medical Centers, P.A., Largo, Florida, in the estimated
amount of $60,000, for pre-employment and annual physical examinations and random drug testing for
all personnel except Fire, during the contract period January I, 1999 through December 31, 1999.
Appropriation codes: 590-09831-521500-519-000 (Human Resources - $45,000); 0 10-01114-521500-
521-000 (Poli~e - $10,000); 590-09830-521500-519-000 (Risk Management - $4,000); and 423-0206X-
521500-532-000 (Clearwater Gas System - $1,000). (Human Resources Administration)
4. Award a contractto Doctor's Walk-In Clinics, Tampa, Florida, in the estimated amount of$38,000,
for new hire and annual physical examinations for Fire Department personnel during the contract period
January 1, 1999 through December 31, 1999. Appropriation codes: 010-01220-521500-522-000
($28,500) and 010-01250-521500-526-000 ($9,500), (Human Resources Administration)
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5, Award a contract to Vermeer Southeast Sales and Service, Inc., Orlando, Florida, in the amount of
$25,360.36, for the purchase of one Velmeer V -3550A trencher to be utilized throughout the gas system
by Clearwater Gas System. Funding to be provided under the City's Master Lease Purchase Agreement.
Appropriation code: 315"94227-564100-519-000. Debt service code: 566-06612-571300-582-000
(principal) and 566-06612-572300-519-000 (Interest). (General Support Services Administration)
6, Award a contract to Miller Bearings lnc" Largo, Florida, in the estimated amount of$50,000" for the
purchase of miscellaneous sealed bearings to be utilized at the Water Pollution Control facilities during
the contract period November20, 1998 through December 31, 1999. Appropriation code: 315-96664-
562800-535-000, (public Utilities Department)
7. Award a contract to Standard Insurance Company, Portland, Oregon estimated amount of$30,000,
for long term disability insurance for employees not eligible for pension plan coverage during the
contract period January 1, 1999 through December 31, 1999. Appropriation code: 590-07000-
545700-519-000. (Hwnan Resources Administration)
8. Award a contract to Gator Asphalt Paving, lnc" Bradenton, Florida, in the estimated amount of
$50,000, for the, purchase of slag cold mix asphalt for utilization throughout the City by Public Service-
Streets, during the contract period November 20, 1998 through December 31, 1999, Appropriation
code: 010-01341-550400-542-000, (Transportation and Drainage Department)
9. Award a contract to Garber Chevrolet Gco, Inc., Green Cove Springs, FI?rida, in the amount of
$54,750, for the purchase of two (2) 1999 Chevrolet Tahoe full size pursuit 'utility vehicles for utilization
throughout the City by Fire Department personnel. This new requirement was included and approved in
the FY 1998/99 budget. Funding to be provided under the City's Master Lease Purchase Agreement.
Exception to bid under Section 2,564 (1)(d), Code of Ordinances .. Florida Sheriffs Association award
98-06-0914, Appropriation code: 315-9l226-564000-S22-000. Debt service code: 010-01240-
591600-522-000 (principal and interest), (Fire Department)
Funding for the above referenced purchases is included in the FY 1998/99 Budget or will be included in
the City Manager's recommended budgets for future fiscal years,
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Clearwater City Commission
Agenda Covor Memorandum
Worksession Hem #:
Meeting Date:
~8
JlJ:L5.f
final Agenda Item #
SUBJECT/RECOMMENDA TION:
Approve Agreement No, SP499 between the City of Clearwater and the Florida Department of
Environmental Regulation providing for the assessment and remediation of orphaned and abandoned
sites within the Clearwater Brownfields Area.
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
· Line Item 1395A of the 1998-99 Florida Appropriations Act provided for $225,000 for the assessment and
remediation of orphaned and abandoned sites in the Clearwater Srownfjelds Area
· The Florida Department of Environmental Protection is the administrator of these funds and has provided the
subject agreement for execution
. The funding will be utilized to provide Phase I and If Environmental Assessments, Site Preparation, Site
Stabilization, Removal of Pollutant Storage Tanks and other activities required to returne orphaned and
abandoned Brownfields sites to productive use
· The proposed projects include: The removal of pollutant storage tanks and the preparation of the former
service station at 1108 N. Greenwood for redevelopment The preparation of a former salvage yard located at
904 Pennsylvania for infilf housing in cooperation with Clearwater Neighborhood Housing Services and the
removal of storage tanks at the Neighborhood Family Center and Pollee Sub Station located at 1498 S.
Greenwood
Originating Department:
, Economic Development/City
Man~ Office
User Depart~~:
Cil~ Managh ~~ -
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PROPOSED PROJECTS
The following are the proposed projects for the use of the funding under this agreement. These
projects may be substituted with other viable remediation projects within the (CBA), In the
event that funding Is available at the completion of the proposed projects additional projects will
be sought for assessment, remediation and redevelopment within the CBA.
1. Tank Removal/RemediatIon and Redevelopment of property located at 1108 N.
Greenwood Avenue .. This project will involve the acquisition (foreclosure/deed in lieu of
foreclosure) of an abandoned gas station in the North Greenwood Community. The City will
remove an estimated five (5) below ground storage tanks at this location and will perform an
initial remedial action by removing excessively contaminated soils at the site discovered
during the tank removal activities, A Closure Report, Contamination Assessment Report,
Remedial Action Plan and Brownfield Site Rehabilitation Agreement will be funded as
required.
Preliminary Estimate Costs .. $125,000.00
Projected TIme line .. Completion between 6-8 months (dependent on property
acquisition).
2. Brownfields Infill Housing Project at 904 Pennsylvania Ave. .. The City will coordinate
the acquisition of this property located with Clearwater Neighborhood Housing Services for
the construction of 2 Infill houses in the North Greenwood Community. This site was
formerly used as an automotive salvage yard. The site was recentry demolished and 14
drums of waste were collected from this location during the demolition. The funding will be
utilized to perform assessment and remediation activities on the site to prepare it for
construction. The funding wUl also be used to pay for environmental Jiens on the property
resulting from the waste disposal activities associated with the demolition.
Preliminary Estimate Costs- $70,000.00
Timeline - 6 to 12 months (dependent on property acquisition)
3. Neighborhood Family CenterJ Police Sub Station - Tank Removal at 1498 S.
Greenwood Ave. This is a joint project between the Community Service Foundation and
the City of Clearwater for the' South' Greenwood Community. Phase I and Phase II
assessments of this property have been performed utilizing funds from Clearwater Housing
and Urban Development. No contamination was discovered over regulatory levels for this
site. Their are up to six tanks located on the property that require removal. The funding will
be utiHzed to for tank removal and closure report costs. No remedial costs are anticipated
due to assessments performed to date.
Preliminary Estimate Costs - $30,000,
Projected Timellne .. 6 to 8 months
,I
Eb?- Department of
Environmental Protection
leg
Lawton Chiles
Governor
Twin Towers Office Building
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Vlrglni:! 8, Wetherell
Secretary
October 26, 1998
Mr. Miles Ballogg
Brownfield Coordinator
Economic Development Team
City of Clearwater
P . 0, 'Box 4748
Clearwater, Florida 33758-4748
RE:
DEP Agreement No. SP499
Brownfields Redevelopment in the Clearwater
Area Designated in Re~olution NO, 97-57
A11 Ie J
Mr. ~g:
Brownfields
,Dear
Enclosed please find two copies of the DBP Agreement No. SP
499, for the purpose of providing funding for brownfields
redevelopment in the Clearwater Brownfields Area designated in
the City of Clearwater's Resolution NO, 97-57. Please have both
copies signed by the appropriate person and return one executed
copy (retaining one executed copy for your records) to the
Department, in care of Roger B, Register at the letterhead
address, Mail Station 4505.
I look forward to continuing our working relationship in the
development of hrownfield areas within the City of Clearwater.
If you have any questions, please contact me at
(850) 413-0062.
Sincerely,
;Z 0. v~ .~
RO~ B. Regist~
Brownfields Liaison
Bureau of Waste Cleanup
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Enclosures (2)
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DEP AGREEMENT NO. SP499
STATE OF FLORIDA GRANT ASSISTANCE
PURSUANT TO LINE ITEM 139!A OF THE 1998 - 99 APPROPRlA TIONS ACT
THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (hereinafter referred to as the
"Department") and the CITY OF CLEARWATER. whose address is P. O. Box 4748, Cleanvater, Florida 33758 (hereinafter
referred to as "Grantee"), a governmental entity, to provide funding for the purposes of brownfields redevelopment in the
Clearwater Brownfields Area (CBA) designated in the City of Clearwater's Resolution No. 97-57. The funding will be
utilized to remediate contaminated sites in communities which currcnUy lack remedial funding and have a disproportionate
number of contaminated sites. SpecificaUy, the funding ",ill be used at three sites. An abandoned gas station on North
Greenwood Avenue, an abandonded gas station on South Greenwood Avenue, and a former automotive salvage area on
Pennsylvannia Avenue. The general scope is for assessment and remediation of orphaned and abandonded sites in the
Greenwood Communities. Tasks include payment of environmental liens, tank removal, perfonnance ofpbase I and phase U
assessment audits, initial source removal, remedial action plans, and remedial actions including appropriate actions to acquire
and make sites suitable for the highest and best use for the communities.
In consideration of the mutual benefits to be derived herefrom. the Department and the Grantee do hereby agree as
follows:
1. The Grantee docs hereby agree to perform in accordance with the terms and conditions set forth in this Agreement,
Attachment A (Scope of Work), and all attachments and exhibits named herein which are attached hereto and
incorporated by reference.
2. This Agreement shaU begin upon execution by both partjes and end no latcr than December 31, 1999, inclusive. In
accordance with Section 287.058(2), Florida Statutcs, the Grantee shall not be eligible for reimbursement for
services rendered prior to the execution dntc of this Agreement nus Agreement may be amended to provide for
additional services if additional funding is made available by Ute Legislature.
3. As consideration for the services rendered by the Grantee Wider the terms of this Agreement, the Department sbaU
pay the Grantee on a cost reimbursement basis in an amount not to exceed $225,000. The Grantee shall be
reimbursed on a cost reimbursement basis in accordance with the Comptroller's Contract Payment Requirements,
attacbed hereto and made a pan hereof as Attachment B. All bills for amounts due under this Agreement shalt be
submitted in detail sufficient for a proper pre-audit and post-audit thereof. All requests for reimbursement of travel
expenses shall be submitted in accordance with Section 112.061, Florida Statutes.
4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Legislature.
5, The Grantee sba1J submit quarterly invoices in conjunction with quanerly progress reports descn"biDg the work
performed, problems encountered, problem resolution, schedule updates and proposed work for the next reporting
period. If advance payment is authorized, (lIe Grantee shall report (and document) the amount of funds expended
during the reporting period, the Agreement expenditures to date, interest earned during the quarter and clearly
indicate Ule method for repayment of tIle interest (0 tIle Department (see paragrapb J 9). Quarterly reports shall be
submitted to the Department's Project Manager no later than twenty (20) days following tJle completion of the
quarterly reporting period. It Is hereby understood and agreed by the parties that the teon "quarterly" shall reflect
the calendar qunrters ending March 31, June 30, September 30 and December 31.
6. Pursuant to Section 215.'122, Florid.1 Statutes, the Department's Project Manager shall have five (5) working days,
unless otherwise specified herein. to lnspeet aud approve the services for payrnent~ tJ1C Department must submit a
request for payment 10 the Florida Department of Banking and Finance within twenty (20) days~ and the Department
of Banking and Finance Is given tcn (10) days to Issue a warrant Days are calculated from the latter date the invoice
is received or services received. ins-peeled, llnd approved. Invoice payment requirements do not stan until a proper
and correct invoice has been rec.elvcd. Invoices which have to be returned to a grantee for correction(s) wilt result in
DEP Agreement No. SP499, Page 1 of 5
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a delay in the payment. A Vendor Ombudsman has been established within the Florida Department ofBanJdng and
Finance who may be contacted if a conlractor is experiencing problems in obtaining timely payment(s) from a Stale
oCFlorida agency. The Vendor Ombudsman may be contaclcd at 8S0/488~2924 or 1--800-848.3792,
7. In accordance with Section 215.422, Florida SlalUtes, the Department shall pay the Grantee, interest at a rate as
established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not
issued within forty (40) days after receipt of a correct invoice and receipt. inspection, and approval of tbe goods and
services. Interest payments of less than $1 \\iIt not be enforced unless a grantee requests payment. The interest rate
established purswmlto Section 55,03(1), by Comptroller's Memorandum No.3 (1997-98) dated December 3, 1997,
has been set at 10% per annum or .02740010 per day. The revised intercsl rate for each calendar year beyond 1998 for
which the tcnn of this Agreement is in effect can be obtained by calling the Department of Banking and Finance,
Vendor Ombudsman at the telephone number provided above or the Department's Contracts Section al
8S01922~S942,
8. Each party hereto agrees that it shalllJC solely responsible for the negligent or wrongful acts of its employees and
agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the
provisions of Section 768.28, Florida Statutes.
9. TIle Department may terminate this Agreement at any time in lhe event of the failure of the Grantee to fulfill any of
its obligations under lltis Agreement Prior to temtinatjon. the Department shall provide thirty (30) calendar days
written notice of its intcnt to temllnate and shall provide the Grantee an opponunity to consult with the Department
regarding the reason(s) for termination.
10. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to
all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the Grantee in conjunction with lltis Agreement..
11. The Grantee shall maintain books, records and documents directly pertinent to penomtance under this Agreement in
accordance with generally accepted accounting principles consistently applied. The Department, the State, or their
authorized representatives shall have access to such records for audit purposes during the term of this Agreement
and for three years fonowing Agreement completion. In the event any work is subcontracted, the Grantee shall
similarly require each subcontractor to maintain and allow access to such records for audit purposes,
12. In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations), the
Grantee shall provide to the Department one oCthe following: (a) if the amounts received exceed $100,000, an audil
of this Agreement in accordance with the rules of the Auditor General promulgated pursuant to Section liAS,
Florida Statutes; or (b) if the amounts received are greater than $25,000 but do not exceed $100,000, a statement
prepared by an independent cenified public accountant which attests tlmt the Granlee has complied with the
provisions of this Agreement or an audit as described under (3) above, or (c) if expenditures arc less than $25,000,
an attestation by the head of the entity or organization. under penalty of perjury, that the entity or organit.ation has
complied with tlle provisions of this Agreement. The Department reseNCS the right to recover costs for failure to
comply with Section 216.349, Florida Statutes.
Copies of the required statement or audit. as applicable, sball be sent to each of the fonowing within six (6) months
after the completion or each of the Grantee's fiscal years' in which the Agreement is in effect.
- Roger B. Register (MS 4505)
Department of Environmental Protection
2600 Blair Stone Road
TalJahnssee, Florida 32399-2400
~Audit Director (MS 40)
Department of Environmental Protection
2600 Blair Stone Road
TaUa.hassce, Florida 32399-2400
DEP Agreement No. SP499, Page 2 of 5
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-Audit Manager
Officc of the Audilor General
P,Q. Box 173S
Tallahassee, Florida 32302
To ensure compliance with Section 216.349, Florida Statutes, Chapter 10.600, Rules of the Audilor General is
provided as Attachment C, Although this document is provided as an attachment to this Agreement., the Grantee
acknowledges that this role is subject to periodic revision by the Auditor General, and as such, the Grantcc agrees to
comply with the effective version of the rule at the time of satisfying the audit requirements of this Agreement.
13. The Granlee shalJ not subcontract, assign, or transfer any work under this Agreement without the prior written
consent of the Department's Project Manager. The Grantee agrees to be responsible for the fulfillmenl of all work
elements included in any subcontract consented to by the Department and agrees to be responsible for the payment of
all moni~ due under any subcontract It is understood and agreed by the Grantcc that the Department shall not be
Hable to any subconlractor for any expenses or liabilities incurred under lhe subcomract and that the Grantee shall be
solely Uable to rhe subcontractor for all expenses and liabilities incurred under the subcontract
14. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by
this Agreement for the purpose of lobbying the Legislature. the judicia) branch or a stale agency,
15. A person or affiliate who has been placed on the convicted vendor list foUowing a conviction for a public entity
crime may not pezform work as a granlee, contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of tJle threshold amount provided in
Section 287,017, F.S., for Category Two. for a period of36 months from the date of being placed on the convicted
vendor list.
16. The Grantee sbalJ comply with aU applicable federal, state and local rules and regulations in providing services to
the Department under this Agreement The Grantee acknowledges that this requirement includes compliance with
all applicable federal, Slate and local health and safety rules and regulations. The Grantee further agrees to include
this provision in all subcontracu issued as a result of this AgreemenL
17. The Department's Project Manager for this Agreement is identified below.
Roger B. Register
Brownfields Liaison
Bureau of Waste Cleanup
2600 Blair Stone Road. MS 4505
TaUa1mssee, Florida 32399-2400
Phone: (850) 413..()()62
Fax: (850) 922-4368
18. The Grantee.s Project Manager for this Agreement is identified below.
Miles Ballogg
Brownfield Coordinator
Economic Development Team
City of Cleanvater
P. 0, Box 474&
CJCaJWater. Florida 33758-4748
Phone: (813) 562-4023
Fax: (813) 562-4037
19. In accordance with Section 216,181(15)(b), Florida Statutes the Department. upon written request from the Grantee
and written approval from the Complroller, may provide an advance to the Grantee. The Grantee may temporarily
, invest the advanced funds, provided that any interest income shalJ either be returned to the Department, within thirty
(30) days of each calendar quarter or be applied against the Department's obligation to pay, if applicable. under this
DEP Agreement No. SP499, Page 3 of 5
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Agreement. Interest earned must be returned to the Department l\ilhin the timeCrame identified above or invoices
must be received within the same timeCrame that shows the offset oC the interest earned.
Unused funds, and interest actrued on' any unused portion of advanced funds which has not been remitted to the
Department. shall be returned to the Department within sixty (60) days of Agreement completion,
The parties hereto acknowledge lhat the State Comptroller may identify additional requirements which must be met
in order for advance payment to be authorized. If additional requirements are imposed by the State Comptroller, the
Grantee shall be notified. in writing, by the Department's Project Manager regarding the additional requirements,
Prior to releasing any advanced funds, the Grantee shall be required to provide a wrinen acknowledgement to the
Department's Project Manager of the Grantee's acceptance of the tenus imposed by the State Comptroller for release
of the funds.
20. To the extent required by law, the Grantee will be self-insured against. or will secure and maintain during the life of
this Agreement. Workers' Compensation Insurance for all of his employees connected with the work of this project
and. in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers'
Compensation Insurance for all of the latters employees unless such employees arc covered by the protection
afforded by the Grantee, Such self.insurance program or insurance coverage shall comply fully lvitb the Florida
Workers' Compensation law, In case any class of employees engaged in hazardous work under this Agreement is not
protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subconfIactor to provide,
adequate insurance satisfactory to the Department, for the protection ofrus employees not othernisc protected.
21. The Grantee. as an independent contractor and Dot an agent. representative, or employee of the Department, agrees
to carty adequate liability and other appropriate forms of insurance. The Department shall have no liability except
as specifically provided in this Agreement.
22.. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any
manner or degree with the pcrfonnance of services required.
23.
Tbe purchase of non-expendable equipment costing $500 or more is Dot authorized under the terms of this
Agreement.
24. The Department may at any time, by written order designated to be a change order, make any change in the work
within the general scope of this Agreement (e.g., specifications, time, method or manner of performance,
requirements, etc.). AU change orders are subject to the mutual agreement of both parties as evidenced in writing.
Any change order which causes an increase or decrease in the Granfec1s cost or time shall require fonnal amendment
to this Agreement.
25. nus Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications
or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed
by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein.
~EROFPAGE~NTIONMLYL~BLANK
DEP Agreement No. SP499, Page 4 of S
IN WITNESS WHEREOFt the parties have caused this Agreement to be duly execuled. the day and year last wrinen
below,
CITY OF CLEAR WATER
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
B)':~a, 9====
Secre r designee
By:
Title.: Rita Garvey
Mayor-Commissioner
,Dale:
Dale:
/012.1,/10
Michael J. Roberto
City Manager
~~~ ~/SC
By:
Attest:
By:
Cynthia E. Goudeau
City Clerk
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DEP Contracts Administrator
Approved as to form:
Approved as to form and legality:
BY:c-~
---JOhn Carassas
Assistant City Attorney
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DEP ttomey
FEID No. S96-OO~239
.For Agreements with governmental boardsIcommissions: If someone other than the Cbainnan signs this Agreement. a
resolution, statement or other document authorizing that person to sign the Agreement on behalf of the Grantee must
accompany the Agreement
List ofattachmentslexhibits included as part of this Agreement:
Specify
Type
Letter/
Nwnber
Description (include number oCpagcs)
Attachment
Attachment
Attachment
..A-
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~
Scope of Work (4 Pa~es)
Comptroller Contract Payment ReQuirements (1 Pa~e)
Chapter 10.600, Rules oflhe Auditor General (S Pa~es)
DEP Agreement No. SP499. Page 5 of 5
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ATTACHMENT uAu
SCOPE OF WORK
ASSESSMENT IREMEDIATION OF ORPHANED AND ABANDONED SITES
CLEARWATER BROWNFIELDS AREA
(Pursuant to Line Item 1395A of the 1998-99 Appropriations Act )
PURPOSE
This document will describe the intended uses of funding provided through Line Item 1395A of
the 1998-99 Appropriations Act for the purposes of Brownfields redevelopment in the
Clearwater Brownfields Area (CBA) as designated in the City of Clearwater's Resolution 97-57.
This scope of work is required by the attached Florida Department of Environmental Protection
Agreement.
INTRODUCTION AND GENERAL PROJECT DESCRIPTION
As a result of the 1998- 1999 State Appropriations Act the City is eligible for $225.000 of State
funding to remediata and redevelop orphaned and abandoned sites within the Clearwater
Brownfields Area (CBA), The remediation of these sites will augment the activities specified in
existing State and EPA Brownfields work plans and will provide much needed remedial funding
for sites in the Greenwood communities of the CBA. .
The primary focus of the funding will be to return orphaned and abandoned environmentally
impaired sites within the CBA to productive economic development or community development
uses. This funding provided under this agreement will provide services necessary to remove aU
environmental impediments from these sites. Further, activities funded through this
appropriation will serve as a catalyst to economic and community development activities in the
area, The remediation and redevelopment of these contaminated and blighted sites aid in the
implementation of environmental justice within the CBA.
SPECIFIC USES
The funding provided under this agreement may be utilized to perform the following activities on
orphaned and abandoned sites within the CBA:
. Phase I Environmental Assessments
. Phase II Environmental Assessments
. Payment of Liens Imposed due to Environmental Responses to Property
. Site preparation
. Site stabilization
. Removal of Pollutant Storage Tanks
. Performance of Pollutant Storage Tank Closure Reports
. Performance of Initial Remedial Actions
DEP Contract No. SP499. Attachment A, Page 1 of 4
: .
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· Preparation of Contamination Assessment Reports
e Preparation of Remedial Action Plans
· Remedial Activities
· Legal Representation and fees for (Environmental/Property Acquisition Issues)
· All Other Activities Required to remove Environmental impediments to redevelopment
including but not limited to negotiating Brownfield Site Rehabilitation Agreements and
Risked Based Corrective Action remedies
This list is not to be considered all inclusive of the activities required to be funded. However,
required activities not listed will be presented to the FDEP project manger for approval prior to
implementation,
PROPOSED PROJECTS
The following are the proposed projects for the use of the funding under this agreement. These
projects may be substituted with other viable remediation projects within the (CBA), In the
event that funding is available at the completion of the proposed projects additional projects will
be sought for assessment, remediation and redevelopment within the CBA
1, Tank Removal/Remediation and Redevelopment of property located at 1108 N.
Greenwood Avenue .. This project will involve the acquisition (foreclosure/deed in lieu of
, foreclosure) of an abandoned gas station in the North Greenwood Community. The City will
remove an estimated five (5) below ground storage tanks at this location and will perform an
initial remedial action by removing excessively contaminated soils at the site discovered
during the tank removal activities. A Closure Report. Contamination Assessment Report,
Remedial Action Plan and Brownfield Site Rehabilitation Agreement will be funded as
required.
Preliminary Estimate Costs .. $125,000.00
Projected Time Line .. Completion between 6-8 months (dependent on property
acquisition).
2, Brownfields Infill Housing Project at 904 Pennsylvania Ave. .. The City will coordinate
the acquisition of this property located with Clearwater Neighborhood Housing Services for
the construction of, 2 Infill houses in the North Greenwood Community. This site was
formerly used as an automotive salvage yard. The site was recently demolished and 14
drums of waste were collected from this location during the demolition. The funding will be
utilized to perform assessment and remediation activities on the site to prepare it for
construction. The funding will also be used to pay for environmental liens on the property ,
resulting from the waste disposal activities associated with the demolition.
Preliminary Estimate Costs- $70,000,00
Timeline .. 6 to 12 months (dependent on property acquisition)
3. Neighborhood Family Centerl Police Sub Station .. Tank Removal at 1498 S.
Greenwood Ave. This is a joint project between the Community Service Foundation and
the City of Clearwater for the South Greenwood Community. Phase I and Phase II
assessments of this property have been performed utilizing funds from Clearwater Housing
DEP Contract No. SP499. Attachment A. Page 2 of 4
_. ....44.
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and Urban Development. No contamination was discovered over regulatory levels for this
site. Their are up to six tanks located on the property that require removal. The funding wiU
be utilized to for tank removal and closure report costs. No remedial costs are anticipated
due to assessments performed to date.
Preliminary Estimate Costs - $30,000.
Projected Timeline - 6 to 8 months
Reports
Quarterly progress reports will be provided to the FDEP project manager describing the work
perlormed, problems encountered, problem resolution, schedule updates and proposed work
for the next reporting period. Quarterly invoices for work accomplished will also be provided to
the FDEP project manager. Updates and modifications of the Scope of Work will be provided
to FDEP for review and comment.
Scope of Work Policy
The proposed projects described in this document may be modified as the redevelopment of
the Clearwater Brownfields Area evolves, It is to be expected that this scope of work may
require modification to remain an effective document. The Clearwater Brownfields Area is
subject to change in accordance with the adoption or modification of a resolution as required by
Chapter 376.80 of the Florida Statutes, ' The Clearwater City Commission has final authority
over the use of grant funding. The proposed budget in this document is pending approval of
the City Commission. Any modifications of this Scope of Work, Clearwater Brownfields Area
and use of State Funding under the attached agreement Grant funding will be submitted to
FOE? project manager for review and approval.
Points of Contact
MHes 8allog9, Clearwater Brownfields Coordinator Project Manager for the City of Clearwater
and is the Project Administrator for this project, Any significant conversations or comJ:Tlents ,
regarding this grant funding shall be channeled through Mr, 8allogg. All correspondence to the
State from the City regarding activities outlined in this work plan will be directed to Mr. Roger
8, Register, State 8rownfields Liaison at the Florida Department of Environmental Protection,
DEP Contract No. SP499, Attachment ~ Page 3 of 4
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Table 1..1
Clearwater Brownfields Redevelopment Work Plan
Points of Contact
Miles G. 8allogg
Clearwater Brownfields Coordinator
Project Manager
City of Clearwater
P.O. Box 4748
ClealWater, Florida 33758-4748
TEL: (727) 562-4023
FAX: (727) 562-4073
EMAIL
mballogg@public.lib,ci.clearwater,fI.us
Roger B. Register
Brownfields Liaison
Bureau of Waste Cleanup
2600 Blair Stone Road MS 4505
Tallahassee, Florida 32399-2400
Phone: (850) 413..Q062
Fax: (850) 922-4368
register _r@dep.state,fI.us
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
DEP Contract No, SP499, Attachment ~ Page 4 of 4
- ...
ATTACHMENT B
Comptroller Contratt Payment Requiremcnb
Department of Banking and Finance, Burelu of Auditing Manua) (10/07197)
Cost Reimbursement ContracJs
Invoices for cost reimbursement contracts must be supported by an itemized listing of expenditures by category
(salary. travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of
copies of actual checks. Each piece of documentation should clearly reflect the dates of service, Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries:
A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges. fringe benefits. other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable,
(2) Fringe Benefits:
Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits win be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or copies
of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida Statutes.
which includes submission of the claim on the approved State travel voucher or
electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. Ifnonexpendable property
is purchased using State funds. the contract should include a provision for the transfer of
the property to the State when services are tenninatcd. Documentation must be provided
to show compliance with Department of Management Services Rule 60A-LOI7. Florida
Administrative Code. regarding the requirements for contracts which include services and
that provide for the contractor to purchase tangible personal property as defined in
Section 273.02. Florida Statutes, for subsequent transfer to the State.
(5) In-house charges: Charges which may be of an internal nature (e.g.. postage. copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The rates
must be reasonable,
(6) Indirect costs: If the contract specifies that indirect costs y,iIJ be paid based on a specified rate, then the
calculation should be shown.
Pursuant to 216.346. Florida Statutes, a contrac~ betwccn state agencies including any
contract involving the State University s)'stem or the State Community College system.
the agency receiving the contract or grant moneys shall charge no more than 5 percent of
the total cost of the contract or grant for overhead or indirect cost or any other cost not
required for the payment of direct costs,
DEP Contract No, SP499, Attachment B, Page 1 of I
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ATTACHMENT C '
.RUtES OF THE AUDITOR GENERAL
CHAPTER 10.600
AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS
UNDER SECTION 216.349, FLORIDA STATUTES
EFFECTIVE 9..30-97
DEP Contract No. SP499. Attachment C, Page 1 of5
RULES OF THE AUDITOR GENERAL
CHAPTER 10.600
TABLE OF CONTENTS
Rule
, Section No.
Description
Paoe
10.610
10,620
10.630
PREFACE TO RULES ....................,................... 2
DEFINITIONS ............ ......... ......... .................."... 3
AUDIT REQUIREMENTS ................................... 4
EFFECTIVE DATE .......,..,..,..........,......."........... 4
APPENDIX .".............. ....,.... ........... ................................ 5
PREFACE TO RULES
Section 216.349, Florida statutes, Imposes audit requirements on recipients of grants
and aids appropriations from State agencies, The grants and aids appropriations referred to In
Section 216,349, Florida Statutes, are those designated as -grants and aids" in a Florida
appropriations act. The beginning point of any audit required by this section of law should be a
determination of which Stale moneys receIved by the audftee are grants and aids appropriations
as described above,
The Auditor General has no authority or responsIbility to determine which grants and aids
are covered by this section of the Florida Statutes. Because of responslbUiUes assigned to the
administering State agency and the Comptroller of the State of Florida, either or both should be
able to assist the auditee In determining which grants and aids come under Section 216.349,
Florida Statutes. The administering State agency should also be consulted regarding any specific
form requirements for the required report and schedule,
These rules apply only to grants made by State agendes from appropriations designated
as "grants and aids" In a Florida appropriations act. These rules do not apply to grants made
from sources of money other than those designated as "grants and aids" In a Florida
appropriations act.
There may be occasions when State grants and aids appropriations moneys received
from a State agency include Federal moneys. Certain changes to these rules have been made to
assist State agency Federal award pass-through recipients In their effort to Implement new
Federal requirements (i,e" Single Audit Amendments of 1996 and revised OMB Circular A-133)
while stili complying with the Section 216.349, Florida Statutes. requirements. The most
significant change to these rules Is the requirement that the auditor conduct an examination In
accordance with AICPA attestation standards and Issue an examination attestation report
addressing compliance with the grant requirements.
Since the primary objective of a Section 216.349, Florida Statutes, audit Is to delennlne
the recipient' 5 compliance with the grant provisions Oncludlng a determlnalion of whelher the
grant funds were used for authori.::.:':d purposes), an examination conducted In accordance with
AICPA attestation standards shoufd be sufficient to meet this objective, AICPA attestaUon
standards are not significantly different from AICPA auditing standards and the level of audit
work necessary to meet this objective would not vary significantly whether done as part of an
audit or as part of an attestation engagement. An examination done in accordance with AICPA
DEP Contract No, SP499, Attachment C, Page 2 of 5
"
auestatlon standards provides a high level of assurance (I.e.; an opinion) and should satisfy the
monitoring needs of pass.through Federal award recipients, examinations Intended to satisfy
such monitoring needs would be limited to the five types of compliance requirements specified In
OMS Circular A-133 for limited scope audits,
Another advantage of an examination conducted In accordance with AICPA attestation
standards Is that the auditor's examination attestation report Is essentially the same regardless
of whether or not the grants and aids recipient Is a local government, not-far-profit or for-profit
organization. or had a financial statement audit, The use of the same report to sallsfy applicable
Federal subreciplent monlloring requirements and/or State grants and aIds appropriallons audit
requIrements should ease administrative burdens
Imposed on State agencies.
The basis for determining which Federal award recipients are required to have a Federal
single audit (i.e., amount of Federal awards expended) differs from the basIs for delennlnlng
which grants and aids recipients are required to provide for an audit pursuant to Section 216.349,
Florida Statutes 0,9" the amount of grants and aids moneys received), Accordingly, Federal
award reclplenls required to provide for an audit pursuant to the Federal Single Audit Act must
prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients
required to provide for an audit pursuant to Section 216,349, Florida Statutes, must prepare a
schedule of State financial assistance. Because Infonnatlon required for a schedule of
expenditures of Federal awards differs from that required for a schedule of State financial
assistance, State grants and aids moneys that involve Federal awards will have to be included
on the schedule of expenditures of Federal awards (when that schedule is required pursuant to
the Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of
State financial assistance should be footnoted to indicate the extent of duplication of moneys on
the two schedules.
The auditor must detennine from the grant agreement and/or inquiries with the granting
agency the level or amount of lestlng necessary to report on whether or not the expenditures of
the grants were In accordance with all legal and regulatory requirements and that the funds were
not used for the purpose of lobbying the Legislature, the judicial branch, or a State agency,
Nothing In these rules precludes the auditor from testing grant moneys for both Federal and
Stale requirements al the same Ume. However, as stated eariler, these rules do require a
schedule of State financial assistance and the auditor' 5 examination attestation report should
refer specifically to the schedule of State financial assistance, The schedule of State financIal
assistance should clear1y distinguish State grants and aid,:,. moneys from other State financial
assistance. Nothing contained In these rules precludes a Siale granting agency from Imposing
requirements that are In addition to those specified In these rules.
History: New 06-30-93 Amended 06-30-94, 06-30-95, 09-30-97
10.610 DEFINITIONS
(1) As used in these Rules, the tenn:
(a) -Local governmental entlty- means a county agency, municipality, or special district or
any other entity (other than a district school board or community college), however
styled, thallndependently exercises any type of governmental function,
(b) "Nonprofit organlzallon- means any organization which meets the definition of a not-far-
profit organization provided In FinancIal Accounting Standards Board Statement 116,
Appendix 0,
(c) -For-profit organization" means any organization which Is not a governmental entity or a
nonprofit organization,
GenefaI Authority and law Implemented. Section 11.45, Florida Statutes, and Section 216.349, F10tIda SIaMts.
History: New 06-30-92 Amended 06-30-93, 06-30-94. 06-JO.95, Q9.3().97
DEP Contract No. SP499, Attachment C, Page 3 of 5
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10.620 AUDIT REQUIREMENTS
(1) When an audit Is required pursuant to Section 216,349, Florida Statutes, the audit shall be
an examlnallon conducted In accordance with attestation standards promulgated by the
American Institute of Certified Public Accountants. Grantor State agencies may also Impose
addlUonal requirements.
(2) The report produced In compliance with Section 216.349, Florida Statutes, shall contain a
schedule of State financial assistance which meets the requirements of the granting
agency{s) and a written report which Includes an opinion on management's assertion about
the entity's complhmce with grant requirements. Additionally, the report should refer to the
schedule of State financial assistance and should indicate whether, In the auditor's opinion,
the applicable management assertions are fairly stated In all material respects.
General Authority and Law Implemented. Section 11.45, Florida statutes. and ~ectJon 216,349, Flocida Statutes.
, History. NewQ6.30.92 Amended 06-30-93, Q6.30.94, 06-30-95, 09-3().97
10.630 EFFECTIVE DATE
These Rules, as amended, shall take effect September 30,1997, and are applicable to audits for
fiscal years ending September 30, 1997, and thereafter.
General Authority and Law Implemented. Section 11.45, Florida SlaMes, and Section 216.349, Florida Statutes.
History: New Q6.30.92 Amended Q6-30.93, 06-30-94, Q6.30.95, 0S-30-96, Q9.30..97.
Renumbered Q9.30.97 (formerly 10,640)
DEP Contract No, SP499. Attaclunent C, Page 4 of S
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APPENDIX
EXCERPT FROM FLORIDA STATUTES, 1997
216.349 Financial review of grants and aids appropriations; audit or attestation statement.--
(1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or
contract, the state agency, or the judiclal branch, authorized by the appropriations act to
administer the funds and the Comptroller must independently ensure that the proposed
expenditure Is In accordance with all legal and regulatory requirements and find that the
terms of the grant or contract specifically prohibits the use of funds for the purpose of
lobbying the Legislature, the judicial branch, or a state agency.
(2) Any local governmental entity, nonprofit organization, or for.profit organization that Is
awarded funds from a grants and aids appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit perfonned In accordance with
the rules of the Auditor General promulgated pursuant to s, 11.45;
(b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit
performed In accordance with the rules of the Auditor General promulgated pursuant to
s. 11.45 or have a statement prepared by an Independent certified public accountant
which attests that the receiving entity or organization has complied with the provisions of
the grant; or
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(c) If the amounts received do not exceed $25,000, have the head of the entity or.
organization attest, under penalties of perjury, that the entity or organization has
complied with the provisions of the grant.
All audits performed or attestation statements prepared under this subsection shall be filed with
the granting agency and with the Auditor General.
Hlttory. - s. 29, ch. 91-109; II. 76, ell. 92.1042.
Note: The above excerpt from the Florida Statutes Is based on Section 216,349. Florida Statutes
(1996 Supplement), which was not amended during the 1997 legislative session. The codified
1997 Florida Statutes were not available at the time theses Rules were updated,
DEP Contract No, SP499, Attachment C. Page 5 of 5
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Meeling Date:
=rL
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Final Agenda Item #
SUBJECT/RECOMMENDATION:
Approve the Disaster Relief Funding Agreement with the State Department of Community Affairs,
IE and that the appropriate officials be authorized to execute same.
SUMMARY:
The funding agreement provides funds for eligible emergency work activities performed during the preparation
phase for Hurricane Georges.
The City will submit a request for reimbursement of personnel and materials cost in accordance with Federal
Emergency Management Agency guidelines and the Robert T. Stafford Disaster Relief And Emergency
Assistance Act.
" ' . The agreement requires the City to maintain accurate records to support the requests for disaster relief funding.
NfA
NfA
Originating Dept:
FIRE R. \-t
User Dept.
Costs
Reviewed by:
Legal ~
Budget NfA
Purchasing NfA
Risk Mgmt ~
Info Srvc
Public Works
DCMlACM
Olher
Total
Current FY
Funding Source:
CI
OP
Other
Attachments
Submitted by:
City Manager
Printed on recycled paper
None
A ro rlation Code:
Rev, 2198
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DISASTER RELIEF FUNDING AGREEMENT
DCA AGREEMENT NO.
FEMA PROJECT APPLICATION NO. 103-12875
This Agreement is between the State of Florida, Department
of Community Affairs (Grantee) and City of Clearwater.
(Subgrantee). In support of the Agreement, the parties state:
WHEREAS, the serious and imminent threat of Hurricane
Georges resulted in the declaration of a State of Emergency by
the Governor: and
WHEREAS, Hurricane Georges and its remnants produced
disastrous weather conditions which had a devastating impact upon
Florida; and
WHEREAS, The President of the United States has concurred
and has declared an emergency (FEMA-3131-EM-FL) for several
counties in Florida; and
WHEREAS, the Federal Emergency Management Agency (FEMA), as
a result of the Presidential Declaration, has made available
federal funds for disaster relief activities in FEMA-3131-EM-FL;
and
'WHEREAS, the FEMA-State Agreement, defined herein below,
governing the use of those funds, and Chapter 98-46, Laws of
Florida, in specific appropriation 1230, both require State and
local governments and eligible private non-profits to share in
the total costs eligible for federal assistance; and
WHEREAS, Sections 252.35, 252.36, 252.37, and 252.38,
Florida Statutes, authorize the relationship described herein.
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NOW THEREFORE, the parties agree as follows:
1. DEFINITIONS: unless otherwise indicated, the following
terms shall be defined as stated herein.
a. "Eligible emergency assistance activities", as used
in this Agreement, means those activities authorized in the FEMA-
State Agreement, as defined herein below; Public Law 93-288, as
amended by Public Law 100-707 (hereinafter the "Stafford Actll);
and Title 44 CFR, Part 206, and applicable Federal Emergency
Management Agency or State guidance documents.
b. UFEMA-State Agreement" shall mean that agreement
between FEMA and the State of Florida, for the Hurricane Georges
Emergency Declaration, FEMA-3131-EM-FL and all modifications
thereto.
c. UEmergency Assistancell shall be defined as that
assistance authorized in Title V of the Stafford Act and 44 CFR
206 subpart C.
d. "Project" shall be defined as stated in 44 CPR
206. 201 (i) .
e. "Large Project" and IISmall Projectll shall be defined
as indicated in 44 CFR 206.203(c).
f. lIPermanent Work" shall be defined as in 44 CFR
206.201(9) .
g. "Emergency Work" shall be defined as in 44 CFR
206.201(b) .
2. APPLICABLE STATUTES, RULES and AGREEMENTS: The parties
agree to be bound by all terms of the FEMA-State Agreement and
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all applicable state and federal statutes, regulations, guidance
and handbooks, including but not limited to those identified in
Attachments A and C, and the pertinent implementing regulations
and guidance:.
3. FUNDING and INSURANCE: The Grantee shall provide funds to
the Su~grantee for eligible emergency assistance activities for
the projects approved by the Grantee and FEMA, specifically
described in the Project Worksheet(s) (PW[s]). Allowable costs
shall be determined in accordance with 44 CFR ~206 and 44 CFR
Part 13, and pertinent FEMA guidance documents, Approved PWs
shall be transmitted to the Subgrantee and shall cumulatively
document the specific amount of funding provided, and the
applicable scope(s) of eligible work and eligible costs, under
this Agreement. PWs may obligate, or deobligate funding, thereby
revising the total amount of authorized funding. PWs document
the total eligible costs and the total Federal share (100% for
eligible emergency assistance provided during a FEMA specified
72-hour period, and 75% for all other eligible emergency and
debris removal work) of those costs. Contingent upon an
appropriation by the Florida Legislature, the Grantee agrees to
provide one-half of any non-Federal share (12~% of total eligible
costs outside any FEMA specified 72-hour emergency period). As a
condition of receipt of this funding, and contingent upon an
appropriation by the Florida Legislature where required, the
Subgrantee similarly agrees to provide one-half of any non-
Federal share (12~% of total eligible costs outside any FEMA
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specified 72-hour emergency period) .
Subgrantee agrees that the Grantee is authorized to withhold
funds otherwise payable to Subgrantee, from any agreement
administered by the Grantee, upon a determination by the Grantee
or FEMA, or any auditor, that funds have been provided to
Subgra~tee pursuant to this Agreement, or any other disaster
relief funding agreement administered by the Grantee, in excess
of eligible costs.
The final payment of funds will be made only after project
completion, submission of all required documentation, final
inspection, and a request for final reimbursement.
Permanent Work is not eligible for reimbursement under this
Agreement.
4. DUPLICATION OF BENEFITS PROHIBITION: In accordance with
the provisions of Section 312 of the Stafford Act, duplication of
benefits is prohibited. The Subgrantee shall notify the Grantee,
as soon as practicable, of the existence of any insurance
coverage for the damage identified on the PW, and of any
entitlement or recovery to payments from any other source, for
the projects described in the PW{s). Eligible costs shall be
reduced by the amount of duplicate sources available. The
Subgrantee shall be liable to the Grantee to the extent that the
Subgrantee receives duplicate benefits from another source for
the same purposes for which the Subgrantee has received payment
from the Grantee. The Subgrantee shall immediately remit to the
Grantee any duplication of benefits payment received by the
,.
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Subgrantee. In the event the Grantee determines a duplication of
benefits has occurred, the Subgrantee hereby authorizes the
Grantee or the Comptroller of the State of Florida to take offset
action against' any other available funding due the Subgrantee.
The Comptroller is authorized to pay such offset to the Grantee
upon w~itten notice from the Grantee.
5. COMPLIANCE WITH ENVIRONMENTAL, PLANNING AND PERMITTING
LAWS: The Subgrantee shall be responsible for.implementation and
completion of the approved projects described in the PW(s) in a
,.
,
!
manner satisfactory to the Grantee, and in accordance with
applicable federal, state, and local statutes, regulations,
plans, 'and policies. Any development authorized'by, any
development order issued by, any permit issued by, or any
development activity undertaken by, the Subgrantee, and any land
use permitted by or engaged in by the Subgrantee, shall be
consistent with the local comprehensive plan and land development
regulations prepared and adopted pursuant to Chapter 163, Part
II, Florida Statutes. Funds shall be expended for, . and
development activities and land uses authorized for, only those
uses which are permitted under the comprehensive plan and land
development regulations. The Subgrantee shall be responsible for
ensuring that any development permit issued and any development
activity or land use undertaken is, where applicable, also
authorized by the pertinent Water Management District, the
Florida Department of Environmental Protection, the Florida
Department of Health, and any Federal, State or local
to
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environmental or land use authority, where required.
In addition, Subgrantee shall comply with other federal and
state environmental laws, statutes, regulations, and guidance
including, but are not limited to, those identified in
Attachments A and c.
S~bgrantee further agrees to provide and maintain competent
and adequate engineering or other supervision at all construction
or work sites to ensure that the complete work conforms with the
approved plans, specifications, and scope of work.
6.' REQUIRED DOCUMENTATION; REVIEW/INSPECTION: The
Subgrantee shall create and maintain acceptable documentation of
work performed and costs incurred with 'respect to each project
identified in connection with a PW. Failure to create and
maintain proper documentation will result in the disallowance of
funding, and require the refund of funds previously reimbursed or
advanced, including an interest penalty. For all Large projects,
the Subgrantee shall submit:
(a) a request for reimbursement of
actual costs (see Attachment D); (b) a Summary of Documentation
(See Attachment E) which shall be support~d by, but not attached,
all appropriate backup documentation (e.g. invoices, canceled
checks, daily activity reports, payroll records, time sheets,
executed contracts, receipts, purchase orders, billing
statements, etc.); and (c) a request for a final inspection. For
all projects the Subgrantee shall certify, on the P.4 Project
Listing, that all work'and costs claimed are eligible in
accordance with the Grant conditions, that all work claimed has
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been completed, and all costs claimed have been paid in full.
The Subgrantee shall also enter the date the work was completed
and the amount claimed for each PW on the Project Listing. The
Grantee will inspect Small Projects on a random basis. The
Grantee will schedule and perform the final inspections on Large
Project~, and review the Project Listing for Small Projects or
inspect the project, to ensure that the work was performed within
the scope of work delineated on the PW(s). Costs of any work not
performed,within the approved scope of work shall not be eligible
for funding.
7. COST SitARING: The disaster relief funds for eligible
costs indicated on the PW(s) and described in this Agreement
shall be shared in accordance with the cost sharing provisions
established in the Stafford Act, the FEMA-State Agreement, and
Chapter 98-46, Laws of Florida, Specific Appropriation 1230.
PW(s) document the total eligible costs and the total Federal
share (75%, or 100% for eligible emergency assistance provided
during a FEMA specified 72-hour period) of those costs. The
Grantee agrees to provide one-balf of the non-Federal share (12~%'
of total eligible costs outside the FEMA specified 72-hour/100%
period). As a condition of receipt of this funding, the
Subgrantee similarly agrees to provide one-half of the non-
Federal share (12~% of total eligible costs outside the FEMA
specified 72-hour/100% period). Administrative costs which
according to the schedule are in addition to and not part of the
PW(s) eligible costs, and are otherwise eligible under 44 CFR
,.
7
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206.228 and involve no required match, will be funded by FEMA.
8. PAYMENT OF CLAIMS:
a. SMALL PROJECTS: The Grantee shall make payment to
the Subgrantee of the Federal share of the actual eligible costs
as soon as practicable after execution of this Agreement and
receip~ from FEMA of the pertinent approved PW(s) .
b. LARGE PROJECTS: The payments for Large Projects will
be on a cost reimbursement basis and subject to receipt of the
following: (1) a Request For Advance or Reimbursement Form (See
Attachment D); (2) a Summary of Documentation Form, (See
Attachment E) listing the PW #, identifying the audit ready
documentation that exists to support the payment request,
identifying the dollar amounts of each eligible cost, and
identifying the Subgrantee's own internal reference number
(voucher, warrant, purchase order, etc.); and (3) a letter
providing a brief synopsis of the request, and certifying that
the reported costs were incurred in the performance of eligible
work.
c. ADVANCES: This Subgrantee may, at the discretion of
the Grantee, be paid an advance of funds, provided that the
Subgrantee: (1) demonstrates and maintains the willingness and
ability to maintain procedures to minimize the time elapsing
between the transfer of funds and their disbursement; (2) submits
budget data on which the request is based; (3) submits a
justification statement explaining the necessity for and proposed
use of the funds, and specification of the amount requested; and
,.
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(4) submits a completed Request for Advance or Reimbursement
Form. After any advance, and in the event no advance is
provided, all payments shall be on a cost reimbursement basis.
Subgrantees shall promptly, but at least quarterly, remit
interest earned on advances (if any)to the Grantee for remittance
to FEMA:.
d. WITHHOLDING OF FUNDS: The Grantee may, in its sole
discretion, withhold a percentage of funding (up to 12.5% of
total project funding, the full non-federal share paid by the
St~te) provided under this Agreement in order to protect against
subsequent adverse determinations by FEMA regarding previously
authorized or disbursed grant funds.
9. FINAL PAYMENT: The final payment will be made only after
project completion, submission of all required documentation,
final inspection (Large Projects), review of P.4 Project Listing
and/or inspection (Small Projects), and a request for final
reimbursement.
10. RECORDS MAINTENANCE: The Subgrantee agrees to maintain
all records pertaining to the projects described in the PW(s) and
the funds received under this Agreement until all issues relating
,
to the inspection and final audit have been completed, and any
action or resolution of outstanding"issues have been completed.
In no event will such records be maintained for a period of less
than three (3) years from the date of the final payment under
this Agreement. Access to those records must be provided at
reasonable times to the Comptroller General of the United States,
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the Grantee, its employees and agents, and to FEMA, its employees
and agents.
11. RECOVERY OF FUNDS: If the final inspection, audit, or
other review by FEMA, the State, or any other authorized entity
determines that payment made under this Agreement exceeds the
amount pf actual eligible costs, the Subgrantee shall, within
forty-five (45) days of receipt of the determination notice,
repay the Grantee the amount determined to be in excess of the
actual costs.
12. AUDIT:
a. Subgrantees shall submit an Audit of Agreement Compliance
to the Grantee as provided herein. If the Subgrantee expends $300,000
or more in Federal awards in its fiscal year, then the subgrantee
shall have an audit conducted. This audit will be performed by an
independent Certified Public Accountant or other entity independent of
the Subgrantee in accordance with the standards of the Comptroller
General as specified in the General Accounting Office Standards for
Audit of Governmental Organizations, programs, Activities and
Functions, and generally accepted auditing standards established by
the American Institute of Certified Public Accountants. The agreement
number of this qrant must be identified with the audit submitted.
Such audit shall also comply with the requirements of Sections 11.45,
216.349, and 216.3491, Florida Statutes and Chapter 1~,550 and 10.600,
Rules of the Auditor General, and, to the extent applicable, the
Single Audit Act of 1984, as amended, 31 use 7501 through 7507, and
OMB Circular A-133, as revised June 24, 1997~ or thereafter. If the
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Subgrantee is a private non-profit organization, it shall submit an
organization-wide audit. All audits are due not later than seven (7)
months after the termination of the entity's fiscal year. If the
Subgrantee expends less than $300,000 in Federal awards in its fiscal
year, an audit conducted in accordance with the provisions of OMB
Circular A-133 is not required, but an audit may otherwise be required
under Section 216.3491, Florida Statutes, and rules adopted pursuant
thereto.
b. The Grantee may require the Subgrantee to undertake such
further or additional audits as determined necessary or appropriate
including, but not limited to, past and current organization-wide
audits. Such audits may be necessary to determine the adequacy,
accuracy, and reliability of the Subgrantee's internal controls I
fiscal datal and management systems established to safeguard the
Subgranteets assets and to ensure compliance with this Ag~eement.
c. If this Agreement is closed out without an aUdit} the
Grantee reserves the right to recover any disallowed costs identified
in an audit after such close~out.
13. NONCOMPLIANCE: If the Subgrantee violates any of the
conditions of disaster relief assistance under the Robert T.
Stafford Act of 1988, Public Law 93-288 as amended by Public Law
100-707, the FEMA-State Agreement, this Agreement, or applicable
state law or applicable state or federal regulations~ including
those noted herein, additional financial assistance for the
project in which the violation occurred will be withheld until
such violation has been corrected} or the Grantee may take any
11
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other action that is legally available.
14. NONDISCRIMINATION/CONTRACTORS: The Subgrantee shall
maintain an active program of nondiscrimination in disaster
assistance as outlined in 44 CFR, Parts 7 and 16, and 44 CFR
Section 206.11. The Subgrantee shall comply with federal
regula~ions concerning the General Services Administrative
Consolidated List of Debarred, Suspended and Ineligible
Contractors, as provided in 44 CFR Part 17.
15. MODIFICATION: Either party may request modifications to this
Agreement, except for scope'of work to be completed on the PW(s) and the
time limitations for performance of the work which are subject to
lRodification in accordance with separate procedures governed by FEMA
regulation. Modifications to the terms and conditions of this Agreement
shall be proposed in writing by either party and become effective only
upon execution by both parties. Modifications to any PW or the time for
performance of eligible work shall be requested through the Grantee,
approved solely at the discretion of FEMA and shall be reflected in a
supplemental PW or time extension approval. Modifications to a PW shall
not be reflected in a modification to this Agreement. If otherwise
allowed under this Agreement, any extension shall be in writing and
shall be subject to the same terms and conditions set forth in the
initial Agreement. There shall be only one extension of t}le Agreement
unless the failure to meet the criteria for completion is due to events
beyond the control of the Subgrantee.
16. TIME FOR PERFORMANCE: All activities funded under this
Agreement shall be timely performed and completed. In accordance
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with 44 CFR 206.204, and subject to any approved extension by the
Governor's Authorized Representative (GAR) or the Federal Regional
Director, the term for performance of debris clearance or
emergency work is six (6) months from the date of the declaration
of a major disaster or emergency. Permanent work is not
authori~e~ under this Agreement. Time extensions may be granted
on an individual basis, in accordance with 44 CFR 206,204. If any
extension request is denied, the Subgrantee may be reimbursed for
,eligible project costs incurred up to the latest approved
completion date. Failure to complete the project will result in
the denial of funding for that project,
17. CONTRACTS WITH OTHERS: If a Subgrantee contracts with any
other entity (herein after "contractorll) for performance of any of
the work required 'under this Agreement, the Subgrantee agrees to
include in the contract that the contractor is bound by the terms
and conditions of this Agreement with the Grantee, and to provide
the contractor with a copy of this Agreement. The Subgrantee
further agrees to include in the contract that the contractor
shall hold the Subgrantee and the Grantee harmless against all
claims of whatever nature arising out of the pe:formance of , the
work by the contractor under the contract.
To the extent that
the Subgrantee has outstanding, uncompleted, contracts for work
for which reimbursement will be requested under this Agreement,
Subgrantee agrees to use its best efforts to modify said contracts
in accordance with this paragraph.
18. TERMINATION: Either party may request termination of this
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Agreement, in writing, delivered in person, or by certified mail,
to the party's representative who executes this Agreement. Said
termination may be accompli.ahed by mutual agreement of the
parties, effective thirty (30) days after an executed modification
to effect termination.
19. LIABILITY:
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(a) The Grantee assumes no liability whatsoever to third
parties as a result of this Agreement. Unless the Subgrantee is a
State agency or subdivision as defined in Section 768.28, Florida
Statutes, the Subgrantee shall be solely responsible to parties
with whom it shall deal in carrying out the terms of this
Agreement, and shall indemnify and save the Grantee and the State
of Florida harmless against all claims, suits, liabilities and
damages, of whatever nature, arising out of the performance of
activities funded or contemplated under this Agreement. For
purposes of this Agreement, Subgrantee agrees that it is not an
employee or' agent of the Grantee but is an independent contractor.
(b) Any Subgrantee which is a State agency or subdivision, as
defined in Section 768.28, Fla. stat., agrees to be fully
responsible for its negligent acts or omissions or tortious acts,
and agrees to be liable for any damages proximately caused by said
acts or omissions. Nothing herein is intended to serve as a
waiver of sovereign immunity by any Subgrantee to which sovereign
immunity applies. Nothing herein shall be construed as consent by
a State agency or subdivision of the State of Florida to be sued
by third parties in any matter arising out of the performance of
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this Agreement.
(c) Subgrantee represents and warrants that hazardous and
toxic materials, if present at any locations where the scope(s) of
work will be performed, are at levels within regulatory limits and
do not trigger action required by Federal, State or local laws or
regulat~ons. Subgrantee further represents and warrants that
household hazardous waste meeting the definition set forth in 40
CFR shall be handled in a manner which meets all Federal, State
and local laws and regulations. Subgrantee further represents and
warrants that th~ presence of any condition(s) or material(s) on
site, which is subject to Federal, State or local laws and
regulations (including but not limited to: above ground or
underground storage tanks or vessels, asbestos, pollutants,
irritants, pesticides, contaminants, petroleum products, waste,
chemicals, and septic tanks), shall be handled and disposed of in
accordance with the pertinent requirements.
20. REPORTS: The Subgrantee shall provide quarterly progress
reports to the Grantee, using the attached Quarterly Report Form,
Attachment F. Refer to the "Quarterly Report Schedule and
Instructions" (Attachment G) for the due date of the first report.
Reports are due quarterly thereafter until the work has been
completed and approved through final inspection. Reports shall
indicate the status and completion date for each project funded,
any problems or circumstances affecting completion dates, or the
scope of work, or the project costs, and any other factors
reasonably anticipated to result in noncompliance with the terms
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of the grant award. Interim inspections shall be scheduled by the
Subgrantee prior to the final inspection and may be required by
the Grantee based on information supplied in the quarterly
,
reports. The Grantee may require additional'reports as needed.
The Subgrantee shall, as soon as possible, provide any additional
reports, requested by the Grantee. The Grantee contact will be the
State Public Assistance officer for all reports. and requests for
reimbursement.
21. STANDARD CONDITIONS: The Subgrantee further agrees to be
bound by the following standard conditions:
a. The State of Florida's performance and obligation to
.
pay under this Agreement is contingent upon an annual
appropriation by the Legislature, or the provision of funding to
the Grantee pursuant to Section 252.37, Florida Statutes.
b. Bills for fees or other compensation for services or
expenses must be submitted in detail sufficient for a proper pre
and post audit thereof.
c. The Grantee may unilaterally cancel this Agreement
for refusal by the Subgrantee or its contractors to allow public
access to all documents, papers, letters or other material subject
to the provisions of Chapter 119, Florida Statutes, and made or
received by the Subgrantee or its subcontractor in conjunction
with this Agreement. It is expressly understood that substantial
evidence of the Subgrantee's or their contractor's refusal to
comply with this provision shall. constitute a breach of contract,
and constitute grounds for termination.
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d. Pursuant to, Section 216.347, Florida Statutes, and
applicable federal law, the Subgrantee agrees that no funds from
this Agreement will be expended for the purpose of lobbying the
Legislature, state agency employees, Members of Congress, officers
or employees of Congress, or an employee of a Member of Congress
in connection with the awarding of this Agreement or any
amendments or modifications of this Agreement.
e. The Subgrantee certifies with respect to this
Agreement that it possesses the legal authority t~ receive the
funds.
f. The Subgrantee shall comply with any Statement of .
Assurance attached hereto, which shall be incorporated herein.
The Subgrantee acknowledges that the responsibility for complying
with the approved subgrant award rests with the recipient
Subgrantee and acknowledges that failure to do so constitutes
grounds for the recision or suspension of this subgrant and may
influence future subgrant awards.
g. The State of Florida will not intentionally award
publicly-funded contracts to any contractor who knowingly employs
unauthorized alien workers, constituting a violation of the
employment provisions contained in 8 U.S.C. Section 1324a(e)
[Section 274A(e) of the Immigration and Nationality Act ("INA")].
The Grantee shall consider the employment by any Subgrantee or
contractor of unauthorized aliens a violation of Section 274A(e)
of the INA. Such violation by the Subgrantee of the employment
provisions contained in Section 274A(e) of the INA shall be
."
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grounds for unilateral cancellation of this Agreement by the
Grantee.
".
h. A person or affiliate who has been placed on the
convicted vendor list following a convict'ion for a public entity
crime may not submit a bid on a contract to provide any goods or
service~ to a public entity, may not submit a bid on a contract with
a public entity for the construction or repair of a public building
or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with a
public entity, and may not transact business with any public entity
in excess of Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
22. TERM: This Agreement shall begin upon the date last signed
and shall end upon receipt of official closing documentation from
FEMA unless terminated earlier in accordance with.the provisions of
this Agreement. Subgrantee agrees to promptly commence and to
expeditiously complete the scope of work identified herein. All
work shall be completed within six months of the date of the
Emergency declaration (September 25, 1998) or prior to such deadline
as established by the GAR or the FEMA, whichever is later.
I 23. NOTICE AND CONTACT: All notices under this Agreement shall
be in writing, delivered either by hand delivery or certified mail
to the representative and address below.
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FOR THE GRANTEE:
FOR THE SUBGRANTEE:
Joseph F. Myers,. GAR
State Public Assistance
Michael J. Roberto, City Manager
City of Clearwater
2555 Shumard Oak Blvd
P.O. Box 4748
Tallahassee, Florida 32399-2100
Clearwater, Florida 33758-4748
24~ DEFAULT; REMEDIES; TERMINATION
a. If any of the following events occur ("Events of Default II) ,
all obligations on the part of the Grantee to make any further payment of
funds hereunder shall, if the Grantee so elects, terminate, and the Grantee
may at its option exercise any of its remedies set forth herein, but the
Grantee may ~ake any payments or parts of payments after the happening of
any Events of Default without thereby waiving the right to exercise such
remedies, and without becoming liable to make any further payment:
L ,If any warranty or representation made by the
Subgrantee in this Agreement or any previous Agreement with the Grantee
shall at any time be false or misleading in any respect, or if the
Subgrantee shall fail to keep, observe or perform any of the terms or
covenants contained in this Agreement or any previous agreement with the
.
Grantee and has not cured such in timely fashion, or is unable or unwilling
to meet its obligations thereunder;
2. If any material adverse change shall occur in the
financial condition of the Subgrantee at any time during the term of this
Agreement from the financial condition revealed in any reports filed or to
be filed with the Grantee, and the subgrantee'fails to cure said material
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adverse change within thirty (30) days from the time the date written
notice is sent by the Grantee;
3. If any reports required by this Agreement have not been
submitted to the Grantee or. have been submitted with incorrect, incomplete
or insufficient information; or
4. If the necessary funds are not available to fund this
agreement as a result of action by Congress, the Legislature, the Office
of the Comptroller or the Office of Management and Budget.
b. Upon the happening of an Event of Default, then the Grantee
may, at its option, upon written notice to the Subgrantee and upon the
sUbgrantee I s failure to timely cure, exercise anyone or more of the
following remedies, either concurrently or consecutively, and the pursuit
of anyone of the following remedies shall not preclude the Grantee from
pursuing any other remedies contained herein or otherwise provided at law
or in equity;
1. Terminate this Agreement, provided that the Subgrantee
is given at least fifteen (15) days prior written notice of such
termination.
The notice shall be effective when placed in the United
States mail, first class mail, postage prepaid, by registered or certified
mail-return receipt requested, to the address set forth in paragraph (23)
herein;
2. Commence an appropriate legal or equitable action to
enforce performance of this Agreement;
3. Withhold or suspend payment of all or any part of a
request for payment;
4. Exerci se any corrective or 'remedial act ions, to include
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but not be limited to, requesting additional information from the
Subgrantee to determine the reasons for or the extent of non-compliance or
lack of performance, issuing a written warning to advise that more serious
measures may be taken if the situation is not corrected, advising the
Subgrantee to suspend, discontinue or refrain from incurring costs for any
activities in question or requiring the Subgrantee to reimburse the Grantee
for the amolU1t of costs incurred for any items determined to be ineligible;
and
5. Exercise any other rights or remedies which may be
otherwise available under law.
c. The Grantee may terminate this Agreement for cause upon such
written notice as is reasonable under the circumstances. Cause shall
include, but not be limited to, misrepresentation in the grant application;
misuse of funds; fraud; lack of compliance with applicable rules, laws and
regulations; failure to perform in a timely manner; and refusal by the
Subgrantee to permit public access to any document, paper, letter, or other
material subject to disclosure under Chapter 119, E2, as amended.
d. Suspension or termination constitutes final Grantee action
under Chapter 120, FS, as amended. Notification of susp.ension or
termination shall include notice of administrative hearing rights and time
frames. However, any deobligation of funds or any other determination made
by FEMA shall be addressed as provided in 44 CPR 206.206.
e. The Subgrantee shall return funds to the Grantee if found in
non-compliance with laws, rules, regulations governing the use of the funds
or this Agreement.
f. Notwithstanding the above, the Subgrantee shall not be
21
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relieved of liability to the Grantee by virtue of any breach.of Agreement
by the Subgrantee.
The Grantee may, to the extent authorized by law,
withhold any payments to the Subgrantee for purpose of set-off until such
time as the exact amount of damages due the Grantee from the Subgrantee is
determined. In the event the FEMA deobligates funds previously authorized
under th~s Agreement, or under any other FEMA funded agreement administered
by the Division, then Subgrantee shall immediately repay said funds to the
Grantee. If Subgrantee fails to repay said funds, then Subgrantee
authorizes the Grantee to recoup said funds from funding otherwise
available under this Agreement or under any other grant Agreement with
Subgrantee administered by the. Grantee.
(25) ATTACHMENTS
a. All attachments to this Agreement are incorporated as if set
out fully herein.
b. In the event of any inconsistencies or conflict between the
language of this Agreement and the attachments hereto, the language of such
attachments shall be controlling, but only to the extent of such conflict
or inconsistency.
c. This Agreement has the following attachments:
At tachment A
Attachment B
Attachment C
Attachment 0
Attachment E
Attachment F
Attachment G
Program Statutes and Regulations
Lobbying Prohibitioli/Certification
Statement of Assurances
Request for Advance or Reimbursement
Summary of Documentation
Florida Public Assistance Quarterly
Report
Quarterly Report Sche.dule and
Instructions
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26 . DESIGNATED AGENT :
The Subgrantee hereby authorizes:
.Michael J. Roberto as its primary designated agent, and Rick
Hedrick ~s its alternate designated agent, to execute Requests for
Reimbursement, necessary certifications, and other supplementary
documentation.
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this
Agreement;
FOR THE SUBGRANTEE:
CITY OF CLEARWATER, FLORIDA
FOR THE GRANTEE:
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
By:
By:
(Signature)
Rita Garvey
Mayor-Commissioner
Michael J. Roberto
City Manager
(Print or Type Name)
Governor's Authorized Rep.
Title
Attest:
Date
Cynthia E. Goudeau
City Clerk
Approved as to form:
John Carassas
Assistant City Attorney
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ATTACHMENT A
PROGRAM STATUTES AND REGULATIONS .
The parties to this Agreement and the Public Assistance and Fire
Suppression Grant Programs are generally governed by the following
'.statutes and regulations: .
(1) The Robert T. Stafford Disaster Relief and Emergency
Assistance Act, 42 use 5121, et seq;
,
..l'. .
(3)
'44 CFR parts 6, 7, 9, 10, 13, 14, 16, 17, 18, 25, 206,
220, and 221, and any other applicable FEMA policy
memoranda,.handbooks and guidance documents;
State of Florida Administrative Plan for the Public
Assistance Grant Program; and
,(2 )
(4 )
All applicable laws and regulations delineated in
Attachment C of thi.s Agreement.
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ATTACHMENT B
~OBBYING PROHIBITION
The undersigned certifies, to the best of his or her knowledge
and belief, that:
(a) No Federal appropriated funds have been paid or will be
paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence either directly
or indirectly an officer or employee of any state or
'federal agency, a member of the Florida Legislature, a
Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the
awarding of,any Federal contract, the making of any
Federal' grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or
cooperative agreement.
(b) If any funds other than Federal appropriated funds have
been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of
Congr~ss, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and
submit Standard Form-L. "Disclosure Form to Report
Lobbying, II in accordance with its instructions.
(c) The undersigned shall require that the language of this
certification be included in the award documents for all
subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative
agreements) and that all ~ubrecipients shall certify and
disclose accordingly.
This certification is a material representative of fact upon
which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making
or entering into this transaction imposed by section 1352, title 31,
U.S. Code. Any persons who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not
more than $100,000 for each such failure.
By:
Signature
Michael J. Robertot City Manager
Typed Name and Title
,.
B-1
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ATTACHMENT C
STATEMENT OF ASSURANCES
The Subgrantee hereby assures and certifies that:
(a) It. possesses legal authority to enter into this agreement, and to
execute the proposed program;
(b) Its governing body has duly adopted or passed as an official act
a resolution, motion or similar action authorizing the execution
of the disaster relief funding agreement with the Grantee,
including all understandings and assurances contained therein,
and directing and authorizing the Subgrantee's chief executive
officer or designee to act in connection with the application and
to provide such additional information as may be required;
(c) No member of or delegate to the Congress of the united States,
and no Resident Commissioner, shall be admitted to any share or
part of this agreement or to any benefit to arise from the same.
No member, officer, or employee of the Subgrantee or its
designees or agents, no member of the governing body of the
locality in which the program is situated, and no other public
official of such locality or localities who exercises any
functions or responsibilities with respect to the program during
his tenure or for one year thereafter, shall have any interest
direct or indirect, in any contract or subcontract, or the
proceeds thereof, for work to be performed in connection with the
program assisted under this agreement. The Subgrantee shall
incorporate or cause to be incorporated, in all such contracts or
subcontracts a provision prohibiting such interest pursuant to
the purposes stated above;
(d) All Subgrantee contracts for which the State Legislature is in
any part a funding source, shall contain language to provide for
termination with reasonable costs to be paid by the Subgrantee
for eligible contract work completed prior to the date the notice
of suspension of funding was received by the Subgrantee. Any
cost incurred after a notice of suspension or termination is
received by the Subgrantee may not be funded with funds provided
under this Agreement unless previously approved in writing by the
Grantee. All Subgrantee contracts shall contain provisions for
termination for cause or convenience and shall provide for the
method of payment in such event;
\
(e) It will comply with:
(1) Contract Work Hours and Safety Standards Act of 1962, 40
V.S.C. 327 et seq., requiring that mechanics and laborers
(including watchmen and guards) employed on federally
assisted contracts be paid wages bf not less than one and
one-half times their basic wage rates for all hours worked
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in excess of forty hours in a work week; and
(2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201
et seq., requiring that covered employees be paid at
least the minimum prescribed wage, and also that they
be paid one and one-half times their basic wage rates
for all hours worked in excess of the prescribed work-
week.
(f) It will comply with:
(1) 'Title VI of the civil Rights Act of 1964 (P.L. 88-352), and
the regulations issued pursuant thereto, which provides that
no person in the United States shall on the grounds of race,
color, or national origin, be excluded from participation
in, be denied the benefits of, or be otherwise subjected to
discrimination under any program or activity for which the
Subgrantee receives Federal financial assistance and will
immediately take any measures necessary to effectuate this
assurance. If any real property or structure thereon is
provided or improved with the aid of Federal financial
assistance extended to the Subgrantee, this assurance shall
obligate the Subgrantee, or in the case of any transfer of
such property, any transferee, for the period during which
the real property or structure is used for a purpose for
which the Federal financial assistance is extended, or for
another purpose involving the provision of similar services
or benefits;
(2) Any prohibition against discrimination on the basis of
age under the Age Discrimination Act of 1975, as
amended (42 D.S.C.: 6101-6107) which prohibits
discrimination on the basis of age or'with respect to
otherwise qualified handicapped individuals as provided
in Section 504 of 'the Rehabilitation Act of 1973;
(3) Executive Order 11246 as amended by Executive Orders
11375 and 12086, and the regulations issued pursuant
thereto, which provide that no person shall be
discriminated against on the basis of race, color,
religion, sex or national origin in all phases of
employment during the performance of federal or
federally assisted construction contracts; affirmative
action to insure fair treatment in employment,
upgrading, demotion, or transfer; recruitment or
recruitment advertising; layoff/termination, rates of
payor other forms of compensation; and election for
training and apprenticeship;
(g)
The Subgrantee agrees to comply with the Americans With
Disabilities Act (Public Law 101-336, ~2 D.S.C. Section 12101 ~
seq.), where applicable, which prohibits discrimination by public
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and private entities on the basis of disability in the areas of
employment, public accommodations, transportation, State and
. local government services, and in telecommunications;
(h) It will establish safeguards to prohibit employees from using
positions for a purpose that is or gives the appearance of being
motivated by a desire for private gain for themselves or others,
particularly those with whom they have family, business, or other
ties pursuant to Section 112.313 and section 112.3135, fg ;
(i) It will comply with the Anti-kickback Act of 1986, 41 U.S.C.
Sect'ion Sl which outlaws and prescribes penalties for "kickbacks"
of wages in federally financed or assisted construction
activities; .
(j) It will comply with the provisions of 18 USC 594, 598, 600-605
(f/k/a the Hatch Act) which limits the political activity of
employees;
(k) It will comply with the flood insurance purchase and other
requirements of the Flood Disaster Protection Act of 1973 as
amended, 42 USC 4002-4107, including requirements regarding the
purchase of flood insurance in communities where such insurance
is available as a condition for the receipt of any Federal
financial assistance for construction or acquisition purposes for
use in any area having special flood hazards. The phrase
"Federal financial assistance" includes any form of loan, grant,
guaranty, insurance payment, rebate, subsidy, disaster assistance
loan or grant, or any other form of direct or indirect Federal
assistance;
(l) It will require every building or facility (other than a
privately owned residential structure) designed, constructed, or
altered with funds provided under this Part to comply with the
"Uniform Federal Accessibility Standards, 11 (AS) which is Appendix
A to 41 CPR Section 101-19.6 for general type buildings and
Appendix A to 24 CFR Part 40 for residential structures. The
Subgrantee will be responsible for conducting inspections to
ensure compliance with these specifications by the contractor;
(m) It will, in connection with its performance of environmental
assessments under the National Environmental Policy Act of 1969,
comply with Section 106 of the National Historic Preservation Act
of 1966 (O.S.C. 470), Executive Order 11593, 24 CFR Part 800, and
the Preservation of Archaeological and Historical Data Act of
1966 (16 D.S.C. 469a-l, et seq.) by:
(1) Consulting with the State Historic Preservation Officer to
identify properties listed in or eligible for inclusion in
the National Register of Historic Places that are subject to
adverse effects (see 36 CFR Section 800.B) by the proposed
activitYi and
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(2) Complying with all requirements established by the State to
avoid or mitigate adverse effects upon such properties.
(3) Abiding by the terms and conditions of the "Programmatic
Agreement Among the Federal Emergency Management Agency, the
Florida State Historic Preservation Office, the Florida
Department of Community Affairs and the Advisory Council on
Historic Preservation, (PA)" which addresses roles and
responsibilities of Federal and State entities in
implementing Section 106 of the National Historic
. Preservation Act (NHPA), 16 U.8.C. 470f, and implementing
regulations in 36 CFR part 800.
(4) When any of Subgrantee's projects funded under this
Agreement may affect a historic property, as defined in 36
CFR 800. (2) (e), the FEMA may require Subgrantee to review
the eligible scope of work in consultation with the State
Historic Preservation Office (SHPO) and suggest methods of
repair or construction that will conform with the
recommended approaches set out in the Secretary of
Interior's Standards for Rehabilitation and Guidelines for
Rehabilitating Historic Buildings 1992 (Standards), the
Secretary of the Interior's Guidelines for Archeological
Documentation (Guidelines) (48 Federal Register 44734-37),
or any other applicable Secretary of Interior standards. If
FEMA determines that the eligible scope of work will not
conform with the Standards, Subgrantee agrees to participate
in consultations to develop, and, after execution by all
parties, to abide by, a written agreement that establishes
mitigation and recordation measures, including but not
limited to, impacts to archeological sites, and the salvage,
storage, and reuse of any significant architectural features
that may otherwise be demolished.
(5) Subgrantee agrees to notify FEMA and the Department if any
project funded under this Agreement will involve ground
disturbing activities, including, but not limited to:
subsurface disturbance; removal of trees; excavation for
footings and foundations; and installation of utilities
(such as water, sewer, storm drains, electrical, gas, leach
. lines and septic tanks) except where these activities are
restricted solely to areas previously disturbed by the
installation, replacement or maintenance of such utilities.
FEMA will request the SHPO's opinion on the potential that
archeological properties may be present and be affected by
such activities. The SHPO will advise Subgrantee on any
feasible steps to be accomplished to avoid any National
Register eligible archeological property or will make
recommendations for the development of a treatment plan for
the recovery of archeological data from the property. If
Subgrantee is unable to avoid the archeological property,
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develop, in consultation with the SHPO, a treatment plan
consistent with the Guidelines and take into account the
Advisory Council on Historic Preservation (Council)
publication "Treatment of Archeological Properties."
Subgrantee shall forward information regarding the treatment
plan to FEMA, the SHPO and the council for review. If the
SHPO and the Council do no object within 15 calendar days of
receipt of the treatment plan, FEMA may direct Subgrantee to
implement the treatment plan. If either the Councilor the
SHPO object, Subgrantee shall not proceed with the project
,until the objection is resolved.
(6) Subgrantee shall notify the Department and FE~m as soon as
practicable: (a) of any changes in the approved scope of
work for a National Register eligible or listed property;
(b) of all changes to a project that may result in a
supplemental PW or modify an HMGP project for a National
Register eligible or listed property; (c) if it appears that
a project funded under this Agreement will affect a .
previously unidentified property that may be eligible for
inclusion in the National Register or affect a known
historic property in an unanticipated manner. Subgrantee
acknowledges that FEMA may require Subgrantee to stop.
construction in the vicinity of the discovery of a
previously unidentified property that may be eligible for
inclusion in the National Register or upon learning that
construction may affect a known historic property in an
unanticipated manner. Subgrantee further acknowledges that
FEMA may require Subgrantee to take all reasonable measures
to avoid or minimize harm to such property until FEMA
concludes consultation with the SHPO. Subgrantee also
acknowledges that FEMA will require, and Subgrantee shall
comply with, modifications to the project scope of work
necessary to implement recommendations to address the
project and the property.
(7) Subgrantee acknowledges that, unless FEMA specifically
stipulates otherwise, it shall not receive funding for
projects when, with intent to avoid the requirements of the
PA or the NHPA, Subgrantee intentionally and significantly
adversely affects a historic property, or having the legal
power to prevent it, allowed such significant adverse affect
to occur.
(n) It will comply with Title IX of the Education Amendments of 1972,
as amended (20 U.S.C.: 1681-1683 and 1685-1686) which prohibits
discrimination on the basis of sex;
(0) It will comply with the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970,
(42 use 4521-45-94) relating to nondiscrimination on the basis of
alcohol abuse or alcoholism;
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(p) It will comply with 523 and 527 of the Public Health Service Act
of 1912 (42 U.S.C. 290 dd-3 and 290 ee-3), as amended, relating
to .confidentiality of alcohol and drug abuse patient records;
(q) It will comply with Lead-Based Paint Poison Prevention Act (42
U.S.C.: 4821 et seq.) which prohibits the use of lead based paint
in construction of rehabilitation or residential structures;
(r) It will comply with the Energy Policy and Conservation Act (P.L.
94-163; 42 USC 6201-6422), and the provisions of the state Energy
Conservation Plan adopte.d pursuant thereto.
(s) It will comply with the Animal Laboratory Welfare Act of 1966, 7
use 2131-2159;
(t) It will comply with the Civil Rights Act of 1968, Title VI and
VIII, 42 use 2000c and 42 use 3601-3619.
eu) It will comply with the Clean Air Act of 1970, as amended, 42 use
7401-7642;
(v) It will comply with the Clean Water Act of 1977, as amended, 42
use 7419-7626;
(w) It will comply with the Davis -Bacon Act, 40 use 276a;
(x) It will comply with the Endangered Species Act of 1973, 16 use
1531-1544;
(y) It will comply with the Intergovernmental Personnel Act of 1970,
42 use 4728-4763;
(z) It will comply with the National Historic Preservation Act of
1966, 16 use 270;
(aa) It will comply with the National Environmental Policy Act of
1969, 42 use 4321-4347;
(bb) It will comply with the Preservation of Archeological and
Historical Data Act of 1966, 16 use 469a, et seg;
(cc) It will comply with the Rehabilitation Act of 1973, Section 504,
29 use 794;
(dd) It will comply with the Safe Drinking Water Act of 1974, 42 use
300f-300j;
(ee) It will comply with the Uniform Relocation Assistance and
Property Acquisition Policies Act of 1~70, 42 use 4621-4638;
(ff) It will comply with the wild and Scenic Rivers Act of 1968, 16
USC 1271-1287; and
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(gg) It will comply with the following Executive Orders: EO 11514
(NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain
Management); and EO 11990 (Wetlands); and EO 12848 (Environmental
Justice) .
(hh) It will comply with .the Coastal Barrier Resources Act of 1977, 16
use 3510.
{ii It will comply with the Coastal Zone Management Act of 1972, 16
use 1451-1464.
(jj) It will comply with the Fish and Wildlife Coordination Act of
1958; 16 USC 661-666.
(kk) with respect to demolition activities, it will:
l. Create and make available documentation sufficient to
demonstrate that the Subgrantee and its demolition contractor
have sufficient manpower and equipment to comply with the
obligations as outlined in this Agreement.
2. Return the property to its natural state as though no
improvements had ever been contained there on.
3. Furnish documentation of all qualified personnel, licences
and all equipment necessary to inspect buildings located in
Subgrantee1s jurisdiction to detect the presence of asbestos and
lead in accordance with requirements of the U. S. Environmental
Protection Agency the Florida Department of Environmental
Protection and the County Health Department.
4. Provide documentation of the inspection results for each
structure to indicate:
a. Safety Hazards Present
b. Health Hazards Present
c. Hazardous Materials Present
5. Provide supervision over contractors or employees employed
by Subgrantee to remo~e asbestos and lead from demolished or
otherwise applicable structures.
6. Leave the demolished site clean, level and free of debris.
7. Notify the Department promptly of any unusual existing
condition.which hampers the contractors work.
8. Obtain all required permits.
9. Provide addresses and marked maps for each site where water
wells or septic tanks are to be closed' along with the number of
wells located.on each site.
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10~Comply with mandatory standards and policies relating to
energy efficiency which are contained in the State energy
. ..conservation plan issued in compliance with the Energy
:Policy and Conservation Aot ( Public Law 94 -163).
.11. Comply with all applicable standards, orders, or.
requirements issued under section 306 of the Clean Air Aot (42
.U.S.C. 1857(h)); Section 508 of the Clean Water Aot ,(33
U.8.1368), Executive order 11738,. and the U.s. Environmental
. Proteotion Agenoy regulations (40 C.F.R. Part 15). This clause
shall be added to any subcontracts.
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12'~ Provide documentation of public notices for demolition.
activities.
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ATtACHMENT D
. ..
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS
DIVISION OF EMERGENCY MANAGEMENT
Request for Advance or Reimbursement for
Public Assistance Funds
SUB GRANTEE NAME:
ADDRESS:
DEC NO: FEMA.
PAIDNO:
.FL
PAYMENT NO:
DCA AGREEMENT NO:
DSR DCA USE ONLY
ELIGIBLE PREVIOUS CURRENT
AMOUNT PAYMENTS REQUEST APPROVED
FOR PAYMENT COMMENTS
DSRH
CATEGORV_
% COMPLETE
DSR#
CATEGORY_
% COMPLETE
DSR#
CATEGORY_
% COI'l'fPLE'ffi
DSRfJ
CATEGORY_
% COMPLETE
DSRII
CATEGORY_
% COMPLETE
TOTAL CURRENT REQUEST $
. ] certify that tho the best army knowledge and belief the abo\'e accounlS lire correct and Ihiltl1l1 disbursements were made In accordance with all
conditions orthe DCA agreement and payment is due and hIlS not been previously requested for these amounts.
SUBGRANTEE SIGNATURE ,
NAME AND TinE
DATE:
TO BE COMPLETED BY.DEPARTMENT OF COMMUNITY AFFAIRS (DCA)
APPROVED FOR PAYMENT $
ADMINISTRATIVE COST
$
$
GOVERNOR'S AUTHORlZED REPRESENTATIVE
I TOTAL PAY1\.1ENT
I-
DATE
D-l
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ATTACHMENT E
PAGE_OF _PAGES
FLORIDA DIVISION OF EMERGENCY MANAGEMENT
SUMMARY OF DOCUMENTATION IN SUPPORT OF AMOUNT
CLAIMED FOR ELIGffiLE DISASTER WORK
Applicant
Disaster No.
FEMA~1249 -DR.FL
FEMA~3131 -EM.FL
DCA Agreement No.
PA ID No.
DSR No.
.
AJ'Plkllll'l Rcfcrtnce No.
(W1lTlIlI, Voucher, Chlm
Of Sthnlul~ No.)
DcUvcl)' Date of
utI~lu or
ptlfcl1l\1JKC Itlvl~es.
A separate form will be prepared for each DSR,
DOCUMENTA110N
UIl Dexumenll!Jon (Appllellll" pl)'ToU. maltrill out of Ippl1ellll's Slotlc.
IppllelJllownc1l equlpcntnl and name of vendor or COIlUstIO,) by Cl1elory and
line llem IIIlhe approved JlroJw appllcallon and ,ive I brief dmrlplton of the
utlclu Of ICIvlee..
Amcunu
AppUeanl' E1ftibre
Colli
TOTAL
GRANDTOTAL-PAG~___OF___PAGES
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ATTACHl\lENT G
FLORIDA DEPART1\1ENT OF COMMUNITY AFFAIRS
DIVlSIOl'{ OF El\1ERGENCY !\1ANAGEMENT
QUARTERl;Y REPORT SCIIEDULE AND INSTRUCTIONS
........
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-----...."' :I"
QuaIterly Progress Reports are required by the Disaster Funding Agreements fa all subgrantees until n:
their Damage Survey Report (DSR) projects are completed, Subgrantee report~ are reviewed by the Grants
Manager) then consolidated by disaster event (declar,ntion number) and fonvarded 10 FEl\1A Region IV as
required by the FEMNState Agreement for each disaster. The State reports arc due to FEMA Region IV 11lirt)
(30) days after the end of the reporting quarler. Rcportiug quarters and submission dates are listed below
for your informn Hon aud conl pl iancc.
QUARTERS
DUE TO STATE BY
STATE SUBMlSSION TO FEM:.
April-Junc
April 15'), (or 1'1 work day aftcr)
July 15lb (or 1'1 work clny nftcr)
Not Latcl'Tlum.. April 301b
JRlluary..l\1al'ch
Not Latcr Than ~ July 3rl
July~Septclllbcr
OctolJcr 151h (01' 1'1 work on)' ~ftcr)
Not Later Than.. Octobcr31'I
Octobcr..D eccrn bel'
JRllURl)'15Ih (or 1'1 work day after)
Not Laier Than ~ January 31'1
Sllbgrantccs involvcd in thcir Hflrst" or a flnew" disaster grant will be advised orthe date rcquh'l
fo)' the submission of their first Quarterly Re]lort for that disaster. All subsecJucnt Qunrtcrly Report
submissions will follow the schcdule outlined above.
Subgrsmtccs inyolvcd in more tllan one open disastcr grant must submit scparate reports for cne'
disastcr that has outstanding nSR }lrojccts. Please be aW;:Jrc, the Department will withhold paymcnt of
aD~' clisnstcr funds clue if the :rcport iSllot subJ1)~tfed on timc. " ,
Subgrantees should contacl their Grant Manager for guidance in prcpari!1g their Ufirst" Quarterly
Progress Report for any disaster. If you have any qucstionsl contac.t your spcciiic Grant Manager.
JFMljts
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Clearwater City Commission
Agenda Cover Memorandwn
Worksesslon Item #:
Final Agenda Item #
Meeting Date:
~o
~
SUBJECT/RECOMMENDA TlON:
Approve three 3-year Jeases with B.J.E., Inc., Clearwater! for Units 106-107~108 for use as the
Beach Library, Unit 113 for the Jolley Trolley, and Unit 208 for the Beach Police Substation 1 at 483
MandaJay. Clearwater (Pelican Walk) effective January 1, 1999,
t8l and that the appropriate officIals be authorized to execute same.
SUMMARY:
. The Memorial Civic Center wHl be demolished in January, 1999,
. Three spaces are available at Pelican Walk and can be easily converted into Library, Jolley Trolley,
and Police space. ADA~accessible parking, entry, and restroome are already available. Ample parking
is available behind the bUilding and on the street.
. The cost is $13 per square foot for the Library (31300 square feet) and Jolley Trolley (900 square feet).
The owner is providing the Police Substation (900 square feet) at no rental cost. There are no
additional fees for common area maintenance, taxes, or insurance. Each unit will provide for its own
interior custodial services and utilities.
. The three-year leases provide the time needed to construct the roundabout, bridge, and other entry
features to the beach and make a decision regarding a future location for the services currently housed
in the Memorial Civic Center. If additional time is needed, the leases can be renewed.
. Funding for the rent has been assembled from costs currently budgeted for the Civic Center in the
Building Maintenance and Parks/Recreation budgets. A first quarter budget amendment will reflect the
reallocation of funding to cover the current year rental payments. Rental payments for future years will
be included in the library budget and JoJley Trolley appropriation.
A&.
Attachmenq
3 Ie~ees available for
review in Clerk Dept.
Current
FY
Funding Source:
CIP
. Renovation of the rented facility to accommodate the library and police substation will be completed by
General Services, USing internal services budgeted funds. The Jolley Trolley will pay for renovation of
their unit. Vision monies of approximately $10,000 will be needed for moving costs, a book drop, and
Library utilities.
Revlowod by:
Legal ~
Budget ~
purchasing ~
RIsk Mgmt
~
Info Srvc X
Public Works -L
DCMlACM
OriginatIng Dept:
Library
User Dept.
Police ..J:; 1L.1.J.-.-
General Support ServIce
Total
Costs
$163,800
$40,950
Other
Op X
Other Vision
Submitted by:
City Manager
o None
Appropriation Code: 010-01725-544200-571-
000
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:', SHOfPING CENTER LI;ASE
1.
PARTIES. The parties to this shopping center lease are:
1.1 B.J.E., Inc., a Florida corporation, with a mailing
address at .483 Mandalay.Ave... ..., as LESSOR; and
1.2 .Cityof Clearwater, with a mailing address at .100 North
Osceola Clearwater, FI 33755., as LESSEE.
2:
PREMISES.
2.1 Lessor hereby leases to Lessee the following property (the
,\ premises" ):
2.1.1 Unit (s) lOt- -IO? -/t)y of the shopping center known
as Pelican Walk (the "center" ) with street address of
483 Mandalay Avenue, Clearwater, Florida, consisting of
approximately .3 a 00 square feet and being a portion
of the property described as:
Lots 32 through 43, block "B", first addition to
Clearwater Beach Park, as recorded in plat book 15, page
80, public records of pinellas County, Florida, together
with the adjacent ~ of a vacated alley lying along the
east boundary thereof.
And together with:
Lots 2 through 8, block "All, replat of Block IlA" and lots
1 to 15 incl. block "B" of Clearwater Beach Park first
addition, according to the plat thereof as recorded in
plat book 21, page 21 of the public records of pinellas
County I Florida I together with the adj acent ;OS of a
vacated alley lying along the west boundary thereof.
2.1.2 Lessee in addition shall have the right to the
nonexclusive use, in common with others, of all such
parking facilities, driveways, truck and service courts,
walks and other facilities designed for common use as may
be designated by Lessor.
2.2 Lessor reserves the right to change the size, layout and
location of any buildings or common areas and facilities which
are part of the center, as will as to reduce or expand the
size of the center.
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3. TERM.
3.1 This lease will be for a ~ year term beginning on
the rent. commencement date as defined in section 4 (the
" term" ). Each lease year will consist of a 12-month period
beginning on the rent commencement date and successive
anniversaries of that date.
3.2 The parties will execute, at any time at Lessor's option,
and Lessor will record a memorandum of this lease to reflect,
among. other things as Lessor shall require, the date on which
the term. begins and ends.
4. RENT.
4.1 Base Rent. Lessee agrees to pay Lessor for and during the
term the sum of $ 1.3 per square foot or $ 4-01.., 900
per year as base rent payable in ,equal monthly installments in
advance beginning on the rent commencement date of . :ra)')u.A.r:t I, 1999.
4.1.1The term CPI means the Consumer Price Index for All
Urban Consumers, Southern Region, All Items (1982-84 =
100) published by the Bureau of Labor Statistics of the
U.S. Department of Labor. If the cpr ceases to use 1982-
84 = 100 as a base, or if the cpr is altered, modified,
converted, or revised in any way, the CPI will be
adjusted to the figure that would have resulted had the
change not occurred. If the CPI ceases to be published,
any substitute or successor equivalent index published by
any agency of the U.S. will be used in the Lessor's sole
discretion.
The term "base index" means the CPI in effect for the
calendar month of the rent commencement date.
The term "comparison index" means the CPI in effect for
the second calendar month before successive anniversaries
of the rent commencement date.
4.2 Lessee may extend the lease term for ~
period (s) of I years each on the same
conditions contained in this lease, except that:
additional
terms and
4.2.1 Lessee agrees to pay Lessor for and during extended
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terms the sum of $ /.3 per square foot or $ 4c;<. '70e>
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per year as base rent payable in equal monthly
installments in advance of $315?.E:" for the initial year
of the first extended term subject to increases during
both extended terms in accordance with annual CPI
adjustments as provided in section 4.1.
4.2.2 The option to extend each term granted by this
section must be exercised by Lessee, if at all, not more
than six nor less 'than two months before expiration of
the term or first extended term, as the case may be, by
written notice to Lessor. Lessee may not exercise its
right to the first or second extended terms if Lessee is
in default of this lease. Lessee's notice of its election
to exercise its right to the first or second extended
terms will be irrevocable.
4.2.3 No further extensions of the term are granted.
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4.2All rent must be paid in United States currency without
demand, setoff, or deduction, at Lessor's address provided in
subsection 1.1, or to any person and place designated in
writing by Lessor.
4.3The Hrent commencement daten shall be the first day of the
month in which this lease is executed, provided, however, that
if this lease is not executed on the first day of the month,
rent and additional rent shall be prorated for the number of
days remaining in the month after the day this lease is
executed.
that precedeD tho lC~Do cxpir~tion d~tc will be paid by Le33ee
on dcm~nd of LeeDor b~Dod on LOQDor1D good f~ith cotim~tc of
taxe~ and a3scssmcnto for thJt c~lcnd~r yc~r~
5 UTILITIES.
5.1 Lessee must pay for all utility services to the premises
during the term and must pay all bills before they become
delinquent, so that the premises will not be without water for
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health and sanitary purposes or fire protection, electricity
for lighting and security, sewer, steam, heat, gas, hot water,
fuel oil, or telephones for the active conduct of Lessee's
business. Water usage as metered for Lessee's premises shall
be charged to Lessee by Lessor and shall be additional rent
hereunder.
5.2 Lessor will not be liable to Lessee for any interruption
of utility service that is beyond Lessor1s power to control or
that is requested by Lessor in order to make repairs or
alterations to the premises or any part of the building in
which the premises are located.
6 USE OF. PREMISES.
6.1 The premises are leased to Lessee solely for the following
use and no other use can be made of the premises during the
term without /)the written consent of the Lessor:
(1____1 eM. 1'""W c..:I-~,- ~h 1/ G ~. k (""It. 7
7 COMPLIANCE WITH REGULATIONS.
7.1 Lessee, at Lessee's own expense, must comply promptly with
all statutes, ordinances, rules, orders, regulations, and
requirements of federal, state, county, and city governments
and their respective agencies applicable to the use and
occupancy of the premises by Lessee. This includes mandatory
compliance with minimum building, health, and safety standards
regarding the premises.
7.2 Lessee will save Lessor harmless from fines, penalties,
costs, expenses, or damages resulting from Lessee's failure to
observe and perform the undertakings contained in this
section.
8 ASSIGNMENT AND SUBLETTING.
8.1 Lessee will not assign this lease in whole or in part, or
sublet the whole or any part of the premises, or permit the
use of the whole or any part of the premises by any licensee
or concessionaire, or encumber this lease, without first
obtaining the written consent of Lessor. Lessor enters this
lease because of his or her confidence in Lessee to operate a
first class bra.. Y1 ,.-..it - I,. b ,.....t\. '-1 in the premises
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and Lessor reserves the right to disapprove, in Lessor's sole
discretion, any assignment or. sublease. Lessor covenants that
its consent shall not arbitrarily be withheld.
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8.2 Lessee will remain liable for the performance of this
lease regardless of any assignment, sublease, or license with
or without the consent of Lessor. If the premises are
assigned, sublet or occupied by anyone other than Lessee,
Lessor may collect rent from the assignee, subtenant, or
occupant, and apply the net amount collected to the rent
herein reserved. No such collection shall be deemed a waiver
,of the covenant herein against assignment and subletting, or
the acceptance of such assignee, subtenant, or occupant as
Lessee, or a release of Lessee from further performance of the
covenants herein contained.
8.3 ,Any change in the ownership or control of Lessee by
transfer of capital stock or partnership interest or otherwise
. will be deemed an assignment for purposes of this section.
However, Lessor consents to assignment of this lease or
sublease of ,the premises by Lessee to a wholly owned
subsidiary of Lessee. Lessee will remain liable for the
performance of this lease regardless of assignment or
sublease.
9 CONDITION OF PREMISES.
9.1 Lessee acknowledges that: (i) Lessee has carefully
inspected the premises and found them in a good state of
repair and in clean and orderly condition; (ii) no
representation has been made to Lessee concerning the
suitability of the premises for Lessee1s purposes; and (iii)
no promiccoQe must deliver the premises to
Lessor in the same condition they were in at the beginning of
the term, subject to section 13.
10 ALTERATIONS; FIXTURES.
10.1 Lessee will make no alterations or improvements to the
premises without the express written approval of Lessor.
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should alterations or improvements to the premises be made by
the Lessee without the express written approval of Lessor,
then in addition to all other remedies of Lessor, during or
after the termination of this lease, Lessee shall be liable to
Lessor for all costs of restoring the premises to the
condition they were in at the beginning of the term as well as
the costs of repairing all damage to the premises that results
from the removal of same.
10.2 To the extent that alterations or improvements to the
premises are undertaken in compliance with Lessor's approval,
all fixtures, installations, additions, alterations, and
improvements made by Lessee or exist ing prior to Lessee's
tenancy will remain the property of Lessor on termination of
this lease without compensation to Lessee, unless Lessor shall
have given written notice to Lessee before the expiration of
the'term to remove some or all of them, in which event Lessee
must remove such items as Lessor directs, and restore the
premises to the condition they were in at the beginning of the
term as well as repair all damage to the premises that results
from the removal of the property.
11 REPAIRS AND MAINTENANCE.
11.1 Lessor shall keep the common areas in good repair
including the parking areas, landscaping, foundation, outer
walls, roof and buried conduits, except that Lessor shall not
be called upon to make any such repairs occasioned by the
negligence of the Lessee, its agents, express or implied
invitees, or employees.
11.2 Lessee shall keep the inside of the premises and the
interior doors, ceiling, windows and window frames of said
premises in good order, condition and repair and shall also
keep the premises in a clean, sanitary and safe condition in
accordance with law and in accordance with all directions,
rules and regulations of governmental agencies having
jurisdiction.
11.3 Lessee shall be responsible for providing all light bulbs
on the premises. The plumbing facilities shall not be used
for any other purposes than that for which they are
constructed and no foreign objects or substances shall be
thrown therein, and the expense of any breakage, stoppage or
damage resulting from the violation of this provision shall be
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borne by Lessee. The heating and air-conditioning system and
plumbing facilities shall be under the control of Lessee, and
Lessee agrees that all operation. upkeep, repairs and
replacements will be at Lessee's expense.
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11.4 In the event Lessor pays any monies required to be paid.
by Lessee hereunder, Lessor shall demand payment of same from
Lessee and Lessee shall make payment with its next monthly
payment of base rent as additional rent after receipt of said
demand. Lessee's failure to make such.repayment as provided
for herein shall constitute a default under the terms of this
lease.
12
RIGHT OF ENTRY.
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12.1 Lessor may enter the premises at all reasonable times for
purposes of inspection, to make emergency repairs, and to
exhibit the premises to prospective lenders, purchasers, and
tenants.
13 ,INDEMNITY.
13.1. Except to the extent that indemnity is provided by
insurance, Lessee must defend Lessor and indemnify Lessor
and hold Lessor harmless from all liability, losses, costs,
damages, or expenses, including the cost of investigation and
reasonable attorneys fees, that Lessor may incur with respect
to any claim or demand arising out of the use or occupancy of
the premises by Lessee.
13.2 \\ However, nothing herein shall constitute a waiver by
lessee of its sovereign immunity and the limitations set forth
in section 768.28 Florida Statutes."
14 INSURANCE; SUBROGATION.
City of Clearwater will provide letter of self-insurance.
15 CASUALTY.
15.1 If the premises are damaged by fire or other casualty to
the extent of not more than 30% of the rentable square
footage, Lessor must restore the premises to substantially the
condition in which they were immediately before the casualty.
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15.2 If the premises are damaged by fire or other casualty to
the extent of more than 30\ but less than 70% of the rentable
square footage, Lessor may elect to restore the premises or to
terminate this lease by written notice of the election to
Lessee within 60 days after the date of the casualty. If
Lessor elects to restore the premises, Lessor must proceed
with restoration promptly and pursue the work diligently to
completion, not to exceed eight months from the date of the
casualty. If Lessor elects to terminate this lease, Lessee's
obligation for rent will terminate on the date of the
casualty, and Lessee must vacate the premises within 30 days
after receipt of Lessor's election to terminate this lease.
15.3 If the premises are damaged by fire or other casualty to
the extent of 70% or more of rentable square footage, this
lease will terminate on the date of the casualty.
[
15.4 Lessee's obligation for rent will abate for the portion
of the premises that is unusable by reason of casualty for the
period from the date of casualty until the premises are fully
restored. If the premises are not restored, Lessee's
obligation for rent will cease on the date of the casualty.
If, however, the casualty was the result of a negligent or
willful act of Lessee there will be no abatement of rent.
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16
CONSTRUCTION LIENS.
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16.1 Lessor's interest in the premises and the underlying fee
is not subject to any lien for improvements to the premises
undertaken by Lessee whether or not such improvements were
made with the consent of Lessor.
16.2 If any lien or claim of lien is filed against the
premises as a result of any act of Lessee, Lessee must
transfer the lien to deposit or bond as provided by law within
15 days after the lien or claim of lien was filed.
16.3 Any recorded memorandum of this lease shall contain the
prohibition against liens on the interest of Lessor in
accordance with this section.
17 SUBORDINATION; ESTOPPEL CERTIFICATES.
17~1 This lease is expressly subject to and subordinate to all
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mortgages and other obligations of Lessor that are secured by
a lien on the premises, and all advances that may now or
hereafter become a lien on the premises, and to any extensions
and renewals thereof.
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17.2 On demand of Lesser, Lessee must promptly execute and
deliver any agreement of subordination reasonably required by
the lender whose lien is to be given priority over this lease.
Lessee will not be required to subordinate his or her
interest, however, unless the lender requesting the
subordination agrees not to disturb the peaceful possession of
Lessee as long as Lessee is not in default of the obl{gations
under this lease.
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17.3 Within 10 days after a wri t ten request from Lessor I
Lessee must execute and deliver a statement of the status of
this lease in the form and content Lessor or any creditor of
Lessor may reasonably require, setting forth that this lease
is in full force and effect and unmodified, or, if modified,
setting forth the substance of the modification or appending
a copy of the modification to it. The statement must contain
any other details concerning the status of the lease that
Lessor deems necessary. If Lessee fails to execute the written
statement timely, it will constitute a representation that the
lease is in good and current standing and is unmodified, which
representation may be relied on by any prospective purchaser
of the premises or any holder of a mortgage on the premises.
18 CONDEMNATION
18.1 Lessor and Lessee agree that if the whole of the
premises, or so much thereof as to render the balance unusable
by Lessee, shall be taken under power of eminent domain, or
otherwise transferred in lieu thereof, or if any part of the
premises are taken and its continued operation is not in the
Lessor I s sole opinion, economical, this lease shall
autom~tically terminate as of the date title vests in the
taking authority. Rent will be prorated to the date of
termination, and all advance rent and security deposits will
be repaid Lessee, subject to such claims as Lessor may have
for damages arising before the date of termination. Lessee
shall not be entitled to any damages from Lessor for the
unexpired portion of the term or extended term of this lease
or injury to its leasehold interest. Lessee may pursue all
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available remedies for the taking but will have no interest in
the award made to Lessor. In the event of a partial taking
wh~ch does not result in the termination of this lease, rent
shall be apportioned according to the part of the premises
remaining usable by the Lessee.
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19 DEFAULT.
19.1 Time is of the essence in the performance of this
lease. Lessee will be deemed in default if:
19.1.1 Lessee fails to pay rent on the day the payment is
due and rent, or any portion thereof, remains unpaid for
3 days after demand for payment is made by Lessor; or
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19.1.2 Lessee fails to perform or observe any of Lessee's
covenants, agreements or conditions of this lease other
than the payment of rent, for 10 days after demand for
performance by Lessor.
19.1.3 Lessee makes an assignment for the benefit of
creditors, files a voluntary or is subject to an
involuntary petition in bankruptcy or is adjudicated as
bankrupt by any court and such adjudication is not
vacated within 30 days or Lessee takes the benefit of any
insolvency act, or Lessee is dissolved voluntarily or
involuntarily or has a receiver of Lessee I s property
appointed in any proceeding other than in bankruptcy
proceedings and such appointment is noc vacated within 30
days after it has been made, and either of the foregoing
are not cured for 10 days after demand therefore by
Lessor.
19.1.4 Lessee may terminate this lease at any time with 90
days written notice, it the City Manager determines that
there is no longer a municipal need for the premises or
the City Commission no longer allocates adequate
budgetary appropriations for the premises or staff
thereof.
19.2 Notwithstanding anything in this agreement to the
contrary, demand and notice pursuant to subsection 19.1 may be
served at Lessor's option by posting notice to the premises.
Notice must be delivered t~ the City Manager with'a copy to
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the City Attorney.
19.3 No default will be deemed waived by acceptance of rent,
whether or not Lessor has knowledge of the default, unless the
waiver is expressed in writing and signed by Lessor.
20 REMEDIES OF LESSOR.
20.1 In the event of default by Lessee, Lessor will have the
following cumulative rights, privileges, and options in
addition to all other remedies now or hereafter provided by
law:
20.1.1 To perform any act or do anything required under
this lease to be performed by Lessee, and to recover the
cost thereof from Lessee.
20.1.2 To accelerate the maturity of all rent due and to
become due during the. remainder of the term.
20.1.3 To terminate the lease, re-enter, and relet the
premises for the account of Lessor. Lessor wi 11 be
entitled to recover from Lessee all damages that result
from Lessee's default.
20.1.4 To keep the lease in force, re-enter, and relet
the premises for the account of Lessee for a period equal
to, or greater or less than, the remainder of the term,
at such rental and on such terms and concessions as
Lessor deems reasonable. Lessor will not be liable for
failure to relet the premises or, in the event of
reletting, for failure to collect the rent therefor.
20.1.5 To keep the lease in force, and to recover from
Lessee the rent and any other sum due from Lessee each
month or less frequently at the election of Lessor, or to
recover the entire sum due at the expiration of the term.
20.1.6 To recover from Lessee all expenses including
reasonable costs and charges for repairs to the premises,
which amounts will become due when incurred and will
become payable to Lessor on demand.
20.1.7 To recover reasonable attorneys' fees and costs in
connection with any action or proceeding to enforce this
lease, whether or not the lease has been terminated, or
to secure any rights due Lessor under this lease, whether
or not any action was instituted.
. 21 SURRENDER.
21.1 If Lessee abandons the premises before expiration of the
term, Lessee will be deemed to have offered to terminate the
lease in. exchange for retention by Lessor of all prepaid rent
and security deposits. If Lessor accepts the offer in writing,
this lease will terminate and L~ssee will have no further.
obligation to Lessor.
21.2 No action of Lessor, including but not limited to
acc~ptance of keys from Lessee and preparations for reletting
the premises I will be construed to be an acceptance of
Lessee's offer of surrender.
21.3 For purposes of this section,. Lessee will be deemed to
have abandoned the premises if Lessee is absent for more than
10 days and the rent is unpaid for any portion of that time,
or if Lessee is absent for more than 20 days although the rent
is fully paid.
22 LANDLORD'S LIEN.
22.1 In addition to any other .lien conferred on Lessor by law.
Lessee grants to Lessor a security interest in the personal
property of Lessee brought onto the premises, to secure
payment of the rent and performance by Lessee of all covenants
of Lessee under this lease.
22.2 On demand of Lessor I Lessee must execute and deliver
financing statements and do all things for the creation and
perfection of Lessor's security interest as may be required
under the Uniform Commercial Code.
22.3 This lien may be enforced in the manner provided for
enforcement of security interests under the Uniform Commercial
Code.
23 CONSTRUCTIVE EVICTION.
23.1 Lessee shall not be entitled to claim a constructive
eviction from the premises unless Lessee shall have first
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notified Lessor in writing of the condition or conditions
giving'rise thereto and, if the complaints be justified,
unless Lessor shall have failed within a reasonable time after
receipt of such notice to remedy such conditions.
24
RISK OF LOSS.
24.1 All personal .property placed or moved in the premises
shall be at the risk of the Lessee or owner thereof. The
Lessor shall not be responsible or liable to the Lessee for
any loss or damage that may be occasioned by or through the
acts or omissions of persons occupying adjoining premises or
any part of the premises adjacent to or connected with the
premises hereby lease or any part of the building which the
leased premises are a part of for any loss or damage resulting
to the Lessee or its property from bursting, stopped up or
leaking water, gas, sewer or steam pipes unless the same is
due to the negligence of the Lessor, its agents, servants or
employees.
25
PARKING SPACES.
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25.1 Lessee shall have the right to use the parking lot
adjacent to the building of which the leased premises are a
part without allocating spaces to the Lessee unless, in the
sole discretion of Lessor, allocation and limit of number of
spaces is necessary.
25.2 Further, Lessor may designate certain areas of the
parking lot or areas off site within reasonable walking
distance not to exceed two city blocks for use by employees of
Lessee, which areas shall be used nonexclusive1y and shared
with employees of other tenants of the center.
26 JANITORIAL.
26.1 Lessee shall obtain and maintain janitorial services for
the leased premises at its own expense. .
27 SIGNAGE.
27.1 Lessee, .at Lessee's sole expense and with Lessor's prior
written approval, shall have the right to erect and maintain
a sign as ,may be architecturally compatible with the design of
the center, provided it is placed in the area designated by
.4
Lessor and, conforms with all governmental codes and
regulations. Lessee shall be responsible for obtaining all
required permits at its own expense. Existing signage shall
also be subj ect to this provision. Lessee shall have no
entitlement to monument signage at the entranceways or.
elsewhere on or about the center.
28 HAZARDOUS .SUBSTANCES.
28.1 Lessee covenants and agrees that throughout the term of
this lease no hazardous materials, def ined as any waste
materials, or other substances of any kind or character that
are or become regulated as hazardous or toxic waste or
substances, or which require special handling or treatment,
under any appl icable local, state or federal law, rule,
re'gu,lation, or order, will be used, generated, released,
discharged, stored, disposed, or transported on or from the
premises, other than in strict compliance with all applicable
federal, state and local laws, rules regulations and orders.
28.2 Tenant shall indemnify, defend, and hold Lessor harmless
from and against any loss, cost, expense, claim, or liability
arising out of any investigation, monitoring, clean-up,
containment, removal, storage, or restoration work required
by, or incurred by Lessor or any other person or party, and
from and against any claims of third parties for loss, injury,
expense, or damage arising out of the presence, release, or
discharge of any hazQrdous waste as defined in subsection 32.1
on, under, in above, to or from the Leased Premises.
28.3 This section shall apply without regard to the term of
this lease and shall specifically survive the termination of
this lease.
29 GENERAL.
29.1 Lessor's. Assignment. Notwithstanding anything in this
lease to the contrary t Lessor shall have the unrestricted
right of assigning this lease at any time, and in the event of
such assignment, the Lessor shall be relieved of all
liabilities hereunder.
29.2 Attorneys Fees. In the event either party seeks to
enforce or interpret the provisions of this lease by legal
action or by advice from attorneys at law, then the prevailing
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party Or the party ~hose POsition is maintained, shall be
sntitlsd to its reasonable costs, expenses and attorney's fees
~hethsr or not suit is brought, Or Whether oCCurring in
connections ~ith Settlement, trial, appeal, bankruptcy Or
otherwise. In the. case of payment of such amOUnt by Lessee to
Lessor, such amOunt shall be due and payable as additional
rent ~ith the next monthly payment of base rent after notice
of sUch amount is given by Lessor to Lessee.
29.3 No Waiver. One Or more waivers of any covenant, term Or
condition of this lease by Lessor shall not be construed as a
wai ver of sUbsequent breach of the same covenant, term of
Condition. The consent or approval. by Lessor to or of any act
by Lessee reqUiring such consent or approval shall not be
deemed to ~aive or render unnecessary consent to or approval
of any SUbsequent similar act of Lessee.
29.4 APPlicable La~; Venue. This lease ~ill be governed by the
la~s of Florida. and shall be enforced on in a COurt of
competent jurisdiction in Pinellas COunty, Florida.
29.5 Captions. The captions and headings Contained in this
lease are for convenience only and ~ill not be Used to
interpret or construe this lease.
33.6 Counterparts. This lease ~as executed in several
counterparts, all of ~hich are to be Considered One document,
and anYone of ~hich may be introduced into evidence ~ithout
production of any other copy.
29.7 Entire Agreement. This lease Sets OUt the entire
agreement of the parties. There are no implied covenants Or
~arranties except as expressly set forth herein. No agreement
to modify this lease ~ill be effective unless in ~riting and
exeCUted by the party against whom the mOdification is SOught
to be enforced.
29.8 Good Faith. This lease i~oses on the parties the
Obligation of good faith in the observance and enforcement of
its terms.
29.9 Gender and NUmber. Where the Context requires, the
masculine ~ill include the feminine and neuter, the SingUlar
~ill include the Plural, and vice versa.
29.10 Notices. All notices that either party desires or is
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required to give the other must be in writing and delivered by
personal delivery or by certified or registered mail. Notices
to Lessor must be delivered to Lessor's address shown in the
. lease, and to Lessee at the premises. Lessor may change
address from time to time by giving written notice to Lessee
of the. change.
29.11 Parties Bound. This lease is binding on and inures to
the benefit of the parties and their respective heirs,
successors, and personal representatives.
29.12 References. Appendices to this lease, if not physically
attached, are incorporated by reference when identified in
this lease and initialed by the parties.
29.13 Severability. If any provision of this lease or its
application to any person or circumstance is declared invalid
or unenforceable, the remainder of this lease will not be
affected but will be enforced to the extent permitted by law.
29.14 Time of the Essence. Time is of the essence in the
performance of this lease.
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29.15 Trial by Jury. The parties waive trial by jury in any
action, proceeding, or counterclaim brought by either party
against the other with respect to any matter arising under
this lease or Lessee's use or occupation of the premises.
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EXECUTED at ...... ..." Florida, on .,... (date)......
WITNESSES:
Printed Name:
LESSOR
Printed Name:
Printed Name:
LESSEE
Printed Name:
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Signature page for Shopping Center Lease between City of Clearwater and B.J.E.~
Inc... a Florida Corporation for Units 106.107.108. Pelican Walk, 483 Mandalay Avenue.
Clearwater, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of , 199_.
Countersigned:
CITY OF CLEARWATER
Rita Garvey, Mayor.Commissioner
Approved as to form:
Attest:
Pamela K. Akin. City Attorney.
Cynthia E. Goudeau, City Clerk
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SHOPPING CENTER LEASE
1. PARTIES. The parties to this shopping center lease are:'
1.1 B.J.E., Inc., a Florida corporation, with a mailing
address at .483 Mandalay.Ave......, as LESSOR; and
1.2 .Cityof Clearwater, with a mailing address at .100 North
Osceola Clearwater, FI 33755., as LESSEE.
2. PREMISES.
2.1 Lessor hereby leases to Lessee the following property (the.
. " premises" ):
2.1.1 Unit (s) / / 3 of the shopping center known
as Pelican Walk (the " center" ) with street address of
483 Mandalay Avenue, Clearwater, Florida, consisting of
approximately '1' () 0 square feet and being a portion
of the property described as:
Lots 32 through 43, block "B", first addition to
Clearwater Beach Park, as recorded in plat book 15, page
80, public records. of pinellas County, Florida, together
with the adjacent ~ of a vacated alley lying along the
east boundary thereof.
And together with:
. Lots 2 through 8, block "A", replat of Block "AU and lots
1 to 15 incl. block "BII of Clearwater Beach Park first
a~dition, according to the plat thereof as recorded in
plat book 21, page 21 of the public records of Pinellas
County, Florida, together with the adjacent ~ of a
vacated alley lying along the west boundary thereof.
I
I.
i.
2.1.2 Lessee in addition shall have the right to the
nonexclusive use, in common with others, of all such
parking facilities, driveways, truck and service courts,
walks and other facilities designed for common use as may
be designated by Lessor.
2.2 Lessor reserves the right to change the size, layout and
location of any buildings or common areas and facilities which
are part of the center, as will as to reduce or expand the
size of the center.
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3. TERM.
3.1 This lease will be for a ~ year. term beginning on
the rent commencement date as defined in section 4 (the
" term" ). Each lease year will consist of a l~-month period
beginning on the rent commencement date and successive
anniversaries of that date.
3.2 The parties will execute, at any time at Lessor's option,
and Lessor will record a memorandum of this lease to reflect,
among other things as Lessor shall require, the date on which
the term begins and ends.
4 . RENT.
4.1 Base Rent. Lessee agrees to pay Lessor for and during the
term the sum of $ /3 per square foot or S//. "700
per year as base rent payable in equal monthly installments in
advance beginning on the rent commencement date of .$'::Yar1uo'-t..-O' I, /999,
4.1.1The term CPI means the Consumer Price Index for All
Urban Consumers, Southern Region, All Items (1982-84 =
100) published by the Bureau of Labor Statistics of the
U.S. Department of Labor. If the cpr ceases to use 1982-
84 = 100 as a base, or if the CPI is altered, modified,
converted, or revised in any way, the CPI will be
adjusted to the figure that would have resulted had the
change not occurred. If the CPI ceases to be published,
any substitute or successor equivalent index published by
any agency of the u.s. will be used in the Lessor's sole
discretion.
The term ttbase index" means the CPI in effect for the
calendar month of the rent commencement date.
The term "comparison index" means the CPT in effect for
the second calendar month before successive anniversaries
of the rent commencement date.
4.2 Lessee may extend the lease term for ~
period (s) of / years each on the same
conditions contained in this lease, except that:
additional
terms and
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.4.2.1 Lessee agrees to pay Lessor for and during extended
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." . . ", .
terms the sum of $ /3 per square' foot or $ J IJ '100
per year as base rent payable in equal monthly
installments in advance of $ ~?~ for the initial year
. of the first extended term subject to increases during
both extended terms in accordance with annual CPI
adjustments as provided .in section 4.1.
4.2.2 The option to extend each term granted by this
section must be exercised by Lessee, if at all, not more
than six nor less than two months before expiration of
the ,term or first ex~ended term, as the case may be, by
written notice to Lessor. Lessee may not exercise its
right to the first or second extended terms if Lessee is
,in default .o~ this lease. Lessee's notice of its election
to exercise its right to the first or second extended
terms will be irrevocable.
4~2.3 No further extensions of the term are granted.
4.2All rent must be paid in United States currency without
demand, setoff, or deduction, at Lessor's address provided in
subsection 1.1, or to any person and place designated in
writing by Lessor.
4.3The t1rent commencement dateU shall be the first day of the
month in which this lease is executed, provided, however, that
if this lease is not executed on the first day of the month,
rent and additional rent shall be prorated for the number of
days remaining in the month after the day this lease is
executed.
that preccdcs thc lc~oc expir~tion d~tQ will be paid by LessQ~
on dcm~nd of LeDDor hoscd on LC030r'o good f~itfl cotimate of
t~XCG ana a03C33ments for that calendar lear.
5 UTILITIES.
5.1 Lessee must pay for all utility services to the premises
during the term and must pay all bills before they become
delinquent, so that the premises will not be without water for
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health and sanitary purposes or fire protection, electricity
for lighting and security, sewer, steam, heat, gas, hot water,
fuel oil, or telephones for the active conduct of Lessee's
business. Water usage as metered for Lessee's premises shall
be . charged to Lessee by Lessor and shall be additional rent
hereunder.
5.2 Lessor will not be liable to Lessee for any interruption
of utility service that is beyond Lessor's power to control or
that is requested by Lessor in order to make repairs or
alterations to the premises or any part of the building in
which the premises are located.
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6 USE OF PREMISES.
6.1 The premises are leased .to Lessee solely for the following
use and no other use can be made of the premises during the
term .without the written consent of the Lessor:
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7 COMPLIANCE WITH REGULATIONS.
7.1 Lessee, at Lessee's own expense, must comply promptly with
all statutes, ordinances, rules, orders, regulations, and
requirements of federal, state, county, and city governments
and their respective agencies applicable to the use and
occupancy of the premises by Lessee. This includes mandatory
. compliance with minimum building, health, and safety standards
regarding the premises.
7.2 Lessee will save Lessor harmless from fines, penalties,
costs, expenses, or damages resulting from Lessee's failure to
observe and perform the undertakings contained in this
section.
8 ASSIGNMENT AND SUBLETTING.
8.1 Lessee will not assign this lease in whole or in part, or
sublet the whole or any part of the premises, or permit the
use of the whole or any part of the premises by any licensee
or concessionaire, or encumber this lease, without first
obtaining the written consent of Lessor. Lessor enters this
lease because of his or her confidence in Lessee to operate a
first class .::J::"1"o II ~ Sf P..-ra;;h' <1Y'--"" in the premi se s
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and Lessor reserves the right to disapprove, in Lessor's sole
discretion, any assignment or sublease. Lessor covenants that
i~s consent shall not arbitrarily be withheld.
8.2 Lessee will remain liable for the performance of this
.lease regardless of any assignment, sublease, or license with
or without the consent of Lessor., If the premises are
a.ssigned, sublet or occupied by anyone other than Lessee,
Lessor may collect rent from the assignee, subtenant t or
occupant, and apply the net amount collected to the rent
herein reserved. No such collection shall be deemed a waiver
of the covenant herein against assignment and subletting, or
the acceptance of such assignee, subtenant, or occupant as
Lessee, or a release of Lessee from further performance of the
covenants herein contained.
8. ~ Any change. in the ownership or control of Lessee by
transfer. of capital stock or partnership interest or otherwise
will be deemed an assignment for purposes of this section.
. However, Lessor consents to assignment of this lease or
sublease of the premises by Lessee to a wholly owned
subsidiary of Lessee. Lessee will remain liable for the
performance of this lease regardless of assignment or
sublease.
9
CONDITION OF PREMISES.
9.1 Lessee acknowledges that: (i) Lessee has carefully
inspected the premises and found them in a good state of
repair and in clean and orderly condition; (ii) no
representation has been made to Lessee concerning the
suitability of the premises for Lessee's purposes; and (iii)
no pFomi~~~~Q must deliver the premises to
Lessor in the same condition they were in at the beginning of
the term, subject to section 13.
10 ALTERATIONS; FIXTURES.
10.1 Lessee will make no alterations or improvements to the
premises wi thout the express wri t ten approval of Lessor.
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Should alt.erations or improvements to the premises be made by
the Les.see without the express written approval of Lessor,
then in addition to all other remedies of Lessor, during or
after the termination of this lease, Lessee shall be liable to
Lessor for all costs of restoring the premises to the
condition they were in at the beginning of the term as well as
the costs of repairing all damage to the premises that results
from the removal of same.
10,2 . To t.he extent that al terations or improvements to the
premises are undertaken in compliance with Lessor's approval,
all fixtures, installations, additions, alterations, and
improvements made by Lessee or existing prior to Lessee's
tenancy will remain the property of Lessor on termination of
this lease without compensation to Lessee, unless Lessor shall
have given written notice to Lessee before the expiration of
the term to remove some or all of them, in which event Lessee
must remove such items as Lessor directs, and restore the
premises to the condition they were in at the beginning of the
term as well as repair all damage to the premises that results
from the removal of the property.
11 REPAIRS AND MAINTENANCE.
11.1 Lessor shall keep the common areas in good repair
including the parking areas, landscaping, foundation, outer
walls, roof and buried conduits, except that Lessor shall not
be called upon to make any such repairs occasioned by the
negligence of. the Lessee, its agents, express or implied
invitees, or employees.
11.2 Lessee shall keep the inside of the premises and the
interior doors, ceiling, windows and window frames of said
premises in good order, condition and repair and shall also
keep the premises in a clean, sanitary and safe condition in
accordance with law and in accordance with all directions,
rules and regulations of governmental agencies having
jurisdiction.
11.3 Lessee shall be responsible for providing all light bulbs
on, the premises. The plumbing facilities shall not be used
for . any other purposes than that for which they are
constructed and no foreign objects or substances shall be
thrown therein, and the expense of any breakage, stoppage or
damage resulting from the violation of this provision shall be
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borne by Lessee. The heating and air-conditioning system and
plumbing facilities shall be under the control of Lessee, and
Lessee agrees that all operation, upkeep, repairs and
replacements will be at Lessee's expense.
11.4 In the event Lessor pays any monies required to be paid
by Lessee hereunder, Lessor shall demand payment of same from
Lessee and Lessee shall make payment with its next monthly
payment of base rent as additional rent after receipt of said
demand. Lessee's failure to make such repayment as provided
for herein shall constitute a default under the terms of this
.lease.
12
RIGHT OF ENTRY.
12.1 Lessor may enter the premises at all reasonable times for
.purposes of. inspection, to make emergency repairs,. and to
exhibit'the premises to prospective lenders, purchasers, and
tenants.
.13
INDEMNITY.
13.1 Except to the extent that indemnity is provided by
insurance, Lessee must defend Lessor and indemnify Lessor
and hold Lessor harmless from all liability, losses, costs,
damages, or expenses, including the cost of investigation and
reasonable attorneys fees, that Lessor may incur with respect
to any claim or demand arising out of the use or occupancy of
the premises by Lessee.
13.2 "However, nothing herein shall constitute a waiver by
lessee of its sovereign immunity and the limitations set forth
in section 768.28 Florida Statutes."
14 INSURANCE; SUBROGATION.
Ci~y of Clearwater will provide letter of self-insurance.
15 CASUALTY.
15;1 If the premises are damaged by fire or other casualty to
the extent of not more than 30% of the. rentable square,
footage, Lessor must restore the premises to substantially the
condition in which they were immediately before the casualty.
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15.2 If the premises are damaged by fire or other casualty to
the extent of more than 30% but less than 70% of the rentable
square footage, Lessor may elect to restore the premises or to
. terminate this lease by written notice of the election to
Lessee within 60 days after the date of the casualty. If
Lessor elects to restore the premises, Lessor must proceed
with restoration promptly and pursue the work diligently to
completion, not to exceed eight months from the date of the
casualty. If Lessor elects to terminate this lease, Lessee's
obligation for rent will terminate on the date of the
casualty, and Lessee must vacate the premises within 30 days
after receipt of Lessor's election to terminate this lease.
15.3 If the prem~ses are damaged by fire or other casualty to
the extent of 70% or more of rentable square footage, this
lease will terminate on the date of the casualty.
15.~ Lessee's obligation for rent will abate for the portion
of the premises that is unusable by reason of casualty for the
period from the date of casualty until the premises are fully
restored. If the premises are not restored, Lessee's
obligation for rent will cease on the date of the casualty.
If, however, the casualty was the result of a negligent or
willful act of Lessee there will be no abatement of rent.
16' CONSTRUCTION LIENS.
16.1 Lessor's interest in the premises and the underlying fee
is not subject to any lien for improvements to the premises
undertaken by Lessee whether or not such improvements were
made with the consent of Lessor.
16.2 If any lien or claim of lien is filed against the
premises as . a result of any act of Lessee, Lessee must
transfer the lien to deposit or bond as provided by law within
15 days after the lien or claim of lien was filed.
16.3 Any recorded memorandum of this lease shall contain the
prohibition against liens on the interest of Lessor in
accordance with this section.
17 SUBORDINATION; ESTOPPEL CERTIFICATES.
17.1 This lease is expressly subject to and subordinate to all
Jj
mortgages and other obligations.of Lessor that are secured by
a lieri on the premises, and all advances that may now or
hereafter become a lien on the premises, and to any extensions
and renewals thereof.
17.2 On demand of Lessor, Lessee must promptly execute and
. deliver any agreement of subordination reasonably required by
the lender whose lien is to be given priority over this lease.
Lessee will not be required to subordinate his or her
interest t however, unless the lender requesting the
subordination agrees not to disturb the peaceful possession of
Lessee as long as Lessee is not in default of the obligations
under this lease.
17.3 Within 10 days after a written request from Lessor t
Lessee.must execute and deliver a statement of the status of
this lease in the form and content Lessor or any creditor of
Lessor may reasonably require, setting forth that this lease
is in full force and effect and unmodified, or, .if modified,
setting forth the substance of the modification or appending
a copy of the modification to it. The statement must contain
any other details concerning the status of the lease that
Lessor deems necessary. If Lessee fails to execute the written
statement timely, it will constitute a representation that the
lease is in good and current standing and is unmodified, which
representation may be relied on by any prospective purchaser
of the premises or any holder of a mortgage on the premises.
18 CONDEMNATION
18.1 Lessor and Lessee agree that if the whole of the
premises, or so much thereof as to render the balance unusable
by Lessee, shall be taken under power of eminent domain, or
otherwise transferred in lieu thereof, or if any part of the
premises are taken and its continued operation is not in the
Lessor's sole opinion, economical, this lease shall
automatically terminate as of the date title vests in the
taking authority. Rent will be prorated to the date of
termination, and all advance rent and security deposits will
be repaid Lessee, subject to such claims as Lessor may have
for damages arising before the date of termination. Lessee
shall not be entitled to any damages from Lessor for the
unexpired portion of the term or extended term of this lease
or injury to its leasehold interest. Lessee may pursue all
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'available r~medies for the taking but will have no interest in
the award made to Lessor. In the event of a partial taking
which 'does not result in the termination of this lease, rent
shall be apportioned according to the part of the premises
remaining usable by the Lessee.
19 DEFAULT.
19.1 Time is of the essence in the performance of this
lease. Lessee will be deemed in default if:
19.1.1 Lessee fails to pay rent on the day the payment is
due and rent, or any portion thereof, remains unpaid for
3 days after demand for payment is made by Lessor; or
19.1.2 Lessee fails to perform or observe any of Lessee's
covenants, agreements or conditions of this lease other
than the payment of rent, for 10 days after demand for
performance by Lessor.
19.1.3 Lessee makes an assignment for the benefit of
creditors, files a voluntary or is subject to an
involuntary petition in bankruptcy or is adjudicated as
bankrupt by any court and such adjudication is not
vacated within 30 days or Lessee takes the benefit of any
insolvency act, or Lessee is dissolved voluntarily or
involuntarily or has a receiver of Lessee' s property
appointed in any proceeding other than in bankruptcy
proceedings and such appointment is no~ vacated within 30
days after it has been made, and either of the foregoing
are not cured for 10 days after demand therefore by
Lessor.
19.1.4 Lessee may terminate this lease at any time with 90
days written notice, it the City Manager determines that
there is no longer a municipal need for the premises or
the City Commission no longer allocates adequate
budgetary appropriations for the premises or staff
thereof.
19.2 Notwithstanding anything in this agreement to the
contrary, demand and notice pursuant to subsection 19.1 may be
served at Lessor's option by posting notice to the premises.
Notice must be delivered to the City Manager with a copy to
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the City Attorney.
19.3 No default will be deemed waived by acceptance of rent,
whether or not Lessor has knowledge of the default, unless the
waiver. is expressed in writing and signed by Lessor.
20 REMEDIES OF LESSOR.
20.1 In the event of
following cumulative
addition to all other
law:
default by Lessee, Lessor will have the
rights, privileges, and options in
remedies now or herea~ter provided by
20.1.1 To perform any act or do anything required under
this lease to be performed by Lessee, and to recover the
cost thereof from Lessee.
.20.1.2 To accelerate the maturity of all rent due and to
become due during the remainder of the term.
20.1.3 TO terminate the lease, re-enter, and relet the
premises for the account of Lessor. Lessor will be
~ntitled to recover from Lessee all damages that.result
.from Lessee's default.
20.1.4 To keep the lease in force, re-enter, and relet
the premises for the account of Lessee for a period equal
to, or greater or less than, the remainder of the term,
at such. rental and on such terms and concessions as
Lessor deems reasonable. Lessor will not be liable for
fai lure to relet the premises or, in the event of
reletting, for failure to collect the rent therefor.
20.1.5 To keep the lease i~ force, and to recover from
Lessee the rent and any other sum due from Lessee each
month or less frequently at the election of Lessor, or to
recover the entire sum due at the expiration of the term.
20.1.6 To recover from Lessee all expenses including
reasonable costs and charges for repairs to the premises,
which amounts will become due when incurred and will
become payable to Lessor on demand.
20.1.7 To recover reasonable attorneys' fees and costs in
connection with any action or proceeding to enforce this
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lease, whether or not the lease has been terminated, or
to secure any rights due Lessor under this lease, whether
or not any action was instituted.
21
SURRENDER.
21.1 If Lessee abandons the premises before expiration of the
term, Lessee will be deemed to have offered to terminate the
lease in exchange for retention by Lessor of all prepaid rent
and security deposits. If Lessor accepts the offer in writing,
. this lease will terminate and Lessee. will have no further
obligation to Lessor.
21.2 No .action of Lessor, including but no't limited to
acceptance of keys from Lessee and preparations for reletting
the premises, will be construed to be an acceptance of
Lessee's offer of surrender.
21.3 For purposes of this section, Lessee will be deemed to
have abandoned the premises if Lessee is absent for more than
10 days and the rent is unpaid for any portion of that time,
or if Lessee is absent for more than 20 days although the rent
is fully paid.
22 LANDLORD'S LIEN.
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23
22.1 In addition to any other lien conferred on Lessor by law,
Lessee grants to Lessor a security interest in the personal
property of Lessee brought onto the premises, to secure
payment of the rent and performance by Lessee of all covenants
of Lessee under this lease.
22.2 On demand of Lessor, Lessee must execute and del i ver
financing statements and do all things for the creation and
perfection of Lessorts security interest as may be required
under the Uniform Commercial Code.
22.3 This lien may be enforced in the manner provided for
enforcement of security interests under the Uniform Commercial
Code.
CONSTRUCTIVE EVICTION.
23.1 Lessee shall not be entitled to claim a constructive
eviction from the premises unless Lessee shall have first
notified Lessor in writing of the condition or conditions
giving rise thereto and, if the complaints be justified,
unless Lessor shall have failed within a reasonable time after
receipt of such notice to remedy such conditions.
24 RISK OF LOSS.
24.1 All personal property placed or moved in the premises
shall be at the risk of the Lessee or owner thereof. The
Lessor shall not be responsible or liable to the Lessee for
any loss or damage that may be occasioned by or through the
acts or omissions of persons occupying adjoining premises or
any part of the premises adjacent to or connected with the
premises hereby lease or any part of the building which the
leased premises are a part of for any loss or damage resulting
to the Lessee or its property from bursting, stopped up or
leaking water, gast sewer or steam pipes unless the same is
due to the negligence of the Lessor, its agents, servants or
employees.
25 PARKING SPACES.
25.1 Lessee shall have the right to use the parki'ng lot
adjacent to the building of which the leased premises are a
part without allocating spaces to the Lessee unless, in the
sole discretion of Lessor, allocation and limit of number of
spaces is necessary.
25.2 Further, Lessor may designate certain areas of the
parking lot or areas off site within reasonable walking
distance not to exceed two city blocks for use by employees of
Lessee, which areas shall be used nonexclusively and .shared
with employees of other tenants of the center.
26 JANITORIAL.
26.1 Lessee shall obtain and maintain janitorial services for
the leased premises at its own expense.
27 SIGNAGE.
27.1 Lessee, at Lessee's sole expense and with Lessor's prior
written approval, shall have the right to erect and maintain
a sign as may be architecturally compatible with the design of
the center, provided it is placed in the area designated by
"'C., ..,:<. :.<~.~.~'.. ,~......'" ..'
Lessor and conforms with all governmental codes and
regulations. Lessee shall be responsible for obtaining all
.',required permits at its own expense. Existing signage shall
also be subject to this provision. Lessee shall have no
entitlement to monument signage at' the entranceways or
elsewhere on or about the center.
28 HAZARDOUS SUBSTANCES.
28.1 Lessee covenants and agrees that throughout the term of
this lease no hazardous materials, defined as any waste
materials, or other substances of any. kind or character that
are or become regulated as hazardous or toxic waste or
substances, or which require special handling or treatment,
under any appl icable local, state or federal law, rule,
regulation, or order, will be used, generated, released,
discharged, stored, disposed, or transported on or from the
premises, other than in strict compliance with all applicable
federal, state and local laws, rules regulations and orders.
28.2 Tenant shall indemnify, defend, and hold Lessor harmless
from and against any loss, cost, expense, claim, or liability
arising out of any investigation, monitoring, clean-up,
containment, removal, storage, or restoration work required
by, or incurred by Lessor or any other person or party, and
from and against any claims of third parties for loss, injury,
expense, or damage arising out of the presence, release, or
discharge of any hazardous waste as defined in subsection 32.1
on, under, in above, to or from the Leased Premises.
28.3 This section shall apply without regard to the term of
this lease and shall specifically survive the termination of
this lease.
29 GENERAL.
29.1 Lessor's Assignment. Notwi thstanding anything in this
lease to the contrary, Lessor shall have the unrestricted
right of assigning this lease at any time, and in the event of
such assignment, the Lessor shall be relieved of all
liabilities hereunder.
29.2 Attorneys Fees. In the event either party seeks to
enforce or interpret the provisions of this lease by legal
action or by advice from attorneys at law, then the prevailing
party or the party whose position is maintained, shall be
entitled to its reasonable costa, expenses and attornf';Y's fees
whether or not suit is brought, or whether occurring in
connections with settlement, trial, appeal, bankruptcy or
otherwise. In the case of payment of such amount by Lessee to
Lessor, such amount shall be due and payable as additional
rent with the next monthly payment of base rent after notice
of such amount is given by Lessor to Lessee.
29.3 No Waiver. One or more waivers of any covenant, term or
condition of this lease by Lessor shall not be construed as a
waiver of subsequent breach of the same covenant, term of
condition. The consent or approval by Lessor to or of any act
by Lessee requiring such consent or approval shall not be
deemed to waive or render unnecessary consent to or approval
of any subsequent similar act of Lessee.
29.4 Applicable Law; Venue. This lease will be governed by the
laws of Florida and shall be enforced on in a court of
competent jurisdiction in Pinellas County, Florida.
29.5 Captions. The captions and headings contained in this
.lease are for convenience only and will not be used to
interpret or construe this lease.
33.6 Counterparts. This lease was executed in several
counterparts, all of which are to be considered one document,
and anyone of which may be introduced into evidence without
production of any other copy.
29.7 Entire Agreement. This lease sets out the entire
agreement of the parties. There are no implied covenants or
warranties except as expressly set forth herein. No .agreement
to modify this lease will be effective unless in writing and
executed by the party against whom the modification is sought
to be enforced.
29.8 Good Faith. This lease imposes on the parties the
obligation of good faith in the observance and enforcement of
its terms.
29.9 Gender and Number. Where the context requires, the
masculine will include the feminine and neuter, the singular
will include the plural, and vice versa.
29.10 Notices. All notices that either party desires or is
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l ~ 1.-' ~ . c ~ I
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required to give the other must be in writing and delivered by
personal delivery or by certified or registered mail. Notices
to Lessor must be delivered to Lessor's address shown in the
lease, and to Lessee at the premises. Lessor may change
address from time to time by giving written notice to Lessee
of the change.
29.11 Parties Bound. This lease is binding on andiinures to
the benefit of the parties and their respective heirs,
successors, and personal representatives.
29.12 References. Appendices to this lease, if not physically
attached, are incorporated by reference when identified in
this lease and initialed by the parties.
29.13 Severability. If any provision of this lease or its
application to any person or circumstance is declared invalid
or unenforceable, the remainder of this lease will not be
affected but will be enforced to the extent permitted by law.
29.14 Time of the Essence. Time is of the essence in the
performance of this lease.
29.15 Trial by Jury. The parties waive trial by jury in any
action, proceeding, or counterclaim brought by either party
against the other with respect to any matter arising under
this lease or Lessee1s use or occupation of the premises.
EXECUTED at .........., Florida, en ..... (date) . . . . . .
WITNESSES:
Printed Name:
LESSOR
Printed Name:
Printed Name:
LESSEE
Printed Name:
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Signature page 'for Shopping Center Lease between City of Clearwater and B.J.E~, .
Inc., a Florida Corporation for Unit 113, Pelican Walk, 483 Mandalay Avenue,
Clearwater, Florida.
. ; I
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of i 199_.
Countersigned:
CITY OF CLEARWATER
By:-
Michael J. Roberto, City Manager
Rita Garvey, Mayor-Commissioner.
Approved as to form:
Attest:
. Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
, .
SHOPPING CEN'{~R LEASE .
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1.
PARTIES. The parties to this shopping center lease are:
1.1 B.J.E., Inc., a Florida corporation, with a mailing
address at .483 Mandalay.Ave......, as LESSOR; and
1.2 .City of Clearwater, with a mailing address at .100 North
Osceola Clearwater, Fl 33755., as LESSEE.
2. PREMISES.
2.1 Lessor hereby leases to Lessee the following property (the
\I premises" ):
2.1.1 Unit(s) ~~ ~ of the shopping center known
as Pelican Walk (the 1\ center" ) with street address of
483 Mandalay Avenue, Clearwater, Florida, consisting of
approximately ~~O square feet and being a portion
of the property described as:
Lots 32 through 43, block uB", first addition to
Clearwater Beach Park, as recorded in plat book 15, page
80, public records of Pinellas County, Florida, together
with the adjacent ~ of a vacated alley lying along the
east boundary thereof.
And together with: .
Lots 2 through 8, block "A", replat of Block "An and lots
1 to 15 incl. block "B" of Clearwater Beach Park first
addition, according to the plat thereof as recorded in
plat book 21. page 21 of the public records of Pinellas
County, Florida, together with the adjacent ~ of a
vacated alley lying along the west boundary thereof.
2.1.2 Lessee in addi t ion shall have the right to the
nonexclusive use, in common with others, of all such
parking facilities, driveways, truck and service courts/
walks and other facilities designed for common use as may
be designated by Lessor.
2.2 Lessor reserves the right to change the size, layout and
location of any buildings or common areas and facilities which
are part of the center, as will as to reduce or expand the
size of the center.
,\, '"
". . ,:.c."~'<.'~'~';~IIJ:' l.'~
!....:
-. ....
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SHOPPING CENTER LEASE .
1. PARTIES. The parties to this shopping center lease are:
1.1 a.J.E., Inc., a Florida corporation, with a mailing
address at .483 Mandalay.Ave......, as LESSOR; and
1.2 .City of Clearwater, with a mailing address at .100 North
Osceola Clearwater, Fl. 33755.. as LESSEE.
2. PREMISES.
2.1 Lessor hereby leases to Lessee the following property (the
1\ premises" ):
2.1.1 Unit(s) ~O ~ of the shopping center known
~s Pelican Walk (the 1\ center" ) with street address of
483 Mandalay Avenue, Clearwater, Florida, consisting of
approximately. ~OO square feet and being a portion
of the property described as:
Lots 32 through 43, block "B", first addition to
Clearwater Beach Park, as recorded in plat book 15, page
80, public records of pinellas County, Florida, together
with the adjacent ~ of a vacated alley lying along the
east boundary thereof.
And together with: ~
Lots 2 through 8, block HAil, replat of Block nAil and lots
1 to lS incl. block IIBn of Clearwater Beach Park first
addition, according to the ~lat thereof as recorded in
plat book 21, page 21 of the public records of Pinellas
County, Florida, together with the adj acent ~ of a
vacated alley lying along the west boundary thereof.
2.1.2 Lessee in addition shall have the right to the
nonexclusive use, in common with others, of all such
parking facilities, driveways, truck and service courts,
walks and other facilities designed for common use as may
be designated by Lessor.
2.2 Lessor reserves the right to change the size, layout and
location of any buildings or common areas and facilities which
are part of the center, as will as to reduce or expand the
size of the center.
':, "
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3. TERM.
3.1 This lease will be for a ~ year term beginning on
the rent commencement date as defined in section 4 (the
" termU ). Each lease year will consist of a 12-month period
beginning 6n the rent commencement date and successive
anniversaries of that date.
3.2 The parties will execute, at any time at Lessor's option,
and Lessor will record a memorandum of this lease to reflect,
among other things as Lessor shall require, the date on which
the term begins and ends.
4. RENT.
4.1 Base Rent. Lessee agrees to pay Lessor for and ~uring the
term the sum of $ ~ per square foot or $ ~
-
per year as base rent payable in equal monthly installments in
advance beginning on the rent commencement date of .. .:!'A'r"\c.t..a.'"( I, 1999
4.1.1The term CPI means the Consumer Price Index for All
Urban Consumers, Southern Region, All Items (1982-84 =
100) published by the Bureau of Labor Statistics of the
U.S. Department of Labor. If the CPI ceases to use 1982-
84 = 100 as a base, or if the CPI is altered, modified,
converted, or revised in any way, the CPI will be
adjusted to the figure that would have resulted had the
change not occurred. If the CPI ceases to be published,
any. substitute or successor equivalent index published by
any agency of the U.S. will be used in the Lessor's sole
dj.scretion.
The term "base index" means the CPI in effect for the
calendar month of the rent commencement date.
The term "comparison index" means the CPI in effect for
the second calendar month before successive anniversaries
of the rent commencement date.
4.2 Lessee may extend the lease term for ~
period (s) of , years each on the same
conditions contained in this lease, except that:
additional
terms and
4.2.1 Lessee agrees to pay Lessor for and during extended
, " " .,~ . t.
.M....r...:" .
terms the sum of $.R:f' per square foot or $ ~
per year as base rent ~le in equal monthly
installment~ in advance of $ for the initial year
of the first extended term subject to increases during
both extended terms in accordance with annual CPI
adjustments as provided in section 4.1.
4.2.2 The option to extend each term granted by this
section must be exercised by Lessee, if at all, not more
than six nor less than two months before expiration of
the term or first extended term, as the case may be, by
written notice to Lessor. Lessee may not exercise its
right to the first or second extended terms if Lessee is
in default of this lease, Lessee's notice of its election
to exercise its right to the first or second extended
terms will be irrevocable.
4.2.3 No further extensions of the term are granted.
4.2All rent must be paid in United States currency without
demand, setoff, or deduction, at Lessor's address provided in
subsection 1.1, or to any person and place designated in'
writing by Lessor.
4.3The ,"rent commencement daten shall be the first day of the
month in which this lease is executed, provided, however, that
if this lease is not executed on the first day of the month,
rent and additional rent shall be prorated for the number of
days remaining in the month after the day this lease is
executed.
that procedeD tho lc.:loC expir.:ltien d.:ltc '.:ill be paid by Lc~~e~
on demand of LeaDer b.:locd on LC330r I s good faitl~ ei:;JL~lllctLt;: u[
taxcD and aODCOOfficnto for that calcndar year.
5 UTILITIES.
5.1 Lessee must pay for all utility services to the premises
during the term and must pay all bills before they become
delinquent, so that the premises will not be without water for
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health and sanitary purposes or fire protection, electricity
for lighting and security, sewer, steam, heat, gas, hot water,
fuel oil, or telephones for the active conduct of Lessee's
business. Water usage as metered for Lessee's premises shall
be charged to Lessee by Lessor and shall be additional rent
hereunder.
;
1
5.2 Lessor will not be liable to Lessee for any interruption
of utility service that is beyond Lessor's power to control or
that is requested by Lessor in order to make repairs or
alterations to the premises or any part of the building in
which the premises are located.
6
USE OF PREMISES.
1
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6.1 The premises are leased to Lessee solely for the following
use and no other use can be made of the premises during the
term without the written consent of the Lessor:
CI ~4t rwA.~ f'" -:po I~ ~ s -t...,i,' (t-YL-o
7
COMPLIANCE WITH REGULATIONS.
7.1 Lessee, at Lessee's own expense, must comply promptly with
all statutes, ordinances, rules, orders, regulations, and
requirements of federal, state, county, and city governments
and their respective agencies applicable to the use and
occupancy of the premises by Lessee. This includes mandatory
compliance with minimum building, health, and safety standards
regarding the premises.
7.2 Lessee will save Lessor harmless from fines, penalties,
costs, expenses, or damages resulting from Lessee's failure to
observe and .perform the undertakings contained in this
section.
8 ASSIGNMENT AND SUBLETTING.
8.1 Lessee will not assign this lease in whole or in part, or
sublet the whole or any part of the premises, or permit the
use of the whole or any part of the premises by any licensee
or concessionaire, or encumber this lease, without first
obtaining the written consent of Lessor. Lessor enters this
lease because of his or her confidence in Lessee to operate a
first class ~I' c.t.. Sub.5-ht+;~ in the premises
j
8.2 Lessee will remain liable for the performance of this
lease regardless of any assignment, sublease, or license with
or without the consent of Lessor. If the premises are
assigned, sublet or occupied by anyone other than Lessee,
Lessor may collect rent from the assignee t subtenant, or
occupant t and apply the net amount collected to the rent
herein reserved. No such collection shall be deemed a waiver
of the covenant herein against assignment and subletting, or
the acceptance of such ass ignee, subtenant, or occupant as
Lessee} or a release of Lessee from further performance of the
covenants herein contained.
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. and Lessor reserves the right to disapprove, in Lessor's sole
discretion, any assignment or sublease. Lessor covenants that
its consent shall not arbitrarily be withheld.
8.3. Any change in the ownership or control of Lessee by
transfer of capital stock or partnership interest or otherwise
will be deemed an assignment for purposes of this section.
However t Lessor consents to assignment of this lease or
sublease of' the premises by Lessee to a wholly owned
subsidiary of Lessee. Lessee will remain liable for the
performance of this lease regardless of assignment or
sublease.
9 CONDITION OF PREMISES.
9.1 Lessee acknowledges that: (i) Lessee has carefully
inspected the premises and found them in a good state of
repair and in clean and orderly condition; (ii) no
representation has been made to Lessee concerning the
suitability of the premises for Lessee's purposesj and (iii)
"HO promiossce must deliver the premises to
Lessor in the same condition they were in at the beginning of
the term, subject to section 13.
10 ALTERATIONS; FIXTURES.
10.1 Lessee will make no alterations or improvements to the
premises without the express written approval of Lessor.
I.
Should alterations or improvements to the premises be made by
the Lessee without the express written approval of Lessor,
then in addition to all other remedies of Lessor, during or
after the termination of this lease, Lessee shall be liable to
Lessor for all costs of restoring the premises to the
condition they were in at the beginning of the term as well as
the costs of repairing all damage to the premises that results
from the removal of same.
10.2 To the extent that alterations or improvements to the
premises are undertaken in compliance with Lessorls approval,
all fixtures, installations, additions, alterations, and
improvements made by Lessee or existing prior to Lessee's
tenancy will remain the property of Lessor on termination of
this lease without compensation to Lessee, unless Lessor shall
have given written notice to Lessee before the expiration of
the term to remove some or all of them, in which event Lessee
must remove such items as Lessor directs, and restore the
premises to the condition they were in at the beginning of the
term as well as repair all damage to the premises that results
from the removal of the property.
11 REPAIRS AND MAINTENANCE.
11.1 Lessor shall keep the common areas in good repair
including the parking areas, landscaping, foundation, outer
walls, roof and buried conduits, except that Lessor shall not
I
be called upon to make any such repairs occasioned by the
negligence of the Lessee, its agents, express or implied
invitees, or employees.
11.2 Lessee shall keep the inside of the premises and the
interior doors, ceiling, windows and window frames of said
premises in good order, conditio~ and repair and shall also
keep the premises in a clean, sa~itary and safe condition in
accordance with law and in accordance with all directions,
rules and regulations of governmental agencies having
jurisdiction.
11.3 Lessee shall be responsible for providing all light bulbs
on the premises. The plumbing facilities shall not be used
for any other purposes than that for which they. are
constructed and no foreign objects or substances shall be
thrown therein, and the expense of any breakage, stoppage or
damage resulting from the violation of this provision shall be
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borne by Lessee. The heating and air-conditioning system and
plumbing facilities shall be under the control of Lessee, and
Lessee agrees that all operation, upkeep, repairs and
replacements will be at Lessee's expense.
11.4 In the event Lessor pays any monies required to be paid
by Lessee hereunder, Lessor shall demand payment of same from
Lessee and Lessee shall make payment with its next monthly
payment of base rent as additional rent after receipt of said
demand. Lessee's failure to make such repayment as provided
for herein shall constitute a default under the terms of this
lease.
12 RIGHT OF ENTRY.
12.1 Lessor may enter the premises at all reasonable times for
purposes of inspection, to make emergency repairs, and to
exhibit the premises to prospective lenders, purchasers, and
tenants.
13 INDEMNITY.
I'
,. .13.1 Except to the extent that indemnity is provided by
insurance, Lessee must defend Lessor and indemnify Lessor
and hold Lessor harmless from all liability, losses, costs,
damages, or expenses, including ~he cost of investigation and
reasonable attorneys fees, that Lessor may incur with respect
to any claim or demand arising out of the use or occupancy of
the premises by Lessee.
13.2 "However, nothing herein shall constitute a waiver by
lessee of its sovereign immunity and the limitations set forth
in section 768.28 Florida Statutes.n
14 INSURANCE; SUBROGATION.
City of Clearwater will provide letter of self-insurance.
15 CASUALTY.
15.1 If the premises are damaged by fire or other casualty to
the extent of not more than 30% of the rentable square
footage, Lessor must restore the premises to substantially the
condition in which they were immediately before the casualty.
~...t",:...'''.~~:,~.~}~.r-.1<'''''~' .
15.2 If the premises are damaged by fire or other casualty to
the extent of more than 30% but less than 70tof the rentable
square footage, Lessor may elect to restore the premises or to
terminate this lease by written notice of the election to
Lessee within 60 days after the date of the casual ty. If
Lessor elects to restore the premises, Lessor must proceed
with restoration promptly and pursue the work diligently to
completion, not to exceed eight months from the date of the
casualty. If Lessor elects to termi~ate this lease, Lessee's
obligation for rent will terminate on the date of the
casualty, and Lessee must vacate the premises within 30 days
after receipt of Lessor's election to terminate this lease.
15.3 If the premises are damaged by fire or other casualty to
the extent of 70% or more of rentable square footage, this
lease will terminate on the date of the casualty.
15.4 Lessee's obligation for rent will abate for the portion
of the premises that is unusable by reason of casualty for the
period from the date of casualty until the premises are fully
restored. . If the premises are not restored, Lessee 's
obligation for rent will cease on the date of the casualty.
If, however, the casualty was the result of a negligent or
willful act of Lessee there will be no abatement of rent.
16 CONSTRUCTION LIENS.
16.1 Lessor's interest in the premises and the underlying fee
is not subject to any lien for improvements to the premises
undertaken by Lessee whether or not such improvements were
made with the consent of Lessor.
16.2 If any lien or claim of lien is filed against the
premises as a result of any act of Lessee, Lessee must
transfer the lien to deposit or bond as provided by law within
15 days after the lien or claim of lien was filed.
16.3 Any recorded memorandum of this lease shall contain the
prohibition against liens on the interest of Lessor in
accordance with this section.
17 SUBORDINATION; ESTOPPEL CERTIFICATES.
17.1 This lease is expressly subject to and subordinate to all
~"..J~~'~~~..1::i'7"J-f~'''.r' ~M v
15.2 If the premises are damaged by fire or other casualty to
the extent of more than 30% but less than 70% of the rentable
square footage, Lessor may elect to restore the premises or to
terminate this lease by written notice of the election to
Lessee. within 60 days after the date of the casualty. If
Lessor elects to restore the premises, Lessor must proceed
with restoration promptly and pursue the work diligently to
completion, not to exceed eight months from the date of the
casualty. If Lessor elects to termi~ate this lease, Lessee's
opligation for rent will terminate on the date of the
casualty, and Lessee must vacate the premises within 30 days
after receipt of Lessor's election to terminate this lease.
15.3 If the premises are damaged by fire or other casualty to
the extent of 70% or more of rentable square footage, this
lease. will terminate on the date of the casualty.
15.4 Lessee's obligation for rent will abate for the portion
of the premises that is unusable by reason of casualty for the
period from the date of casualty until the premises are fully
restored. If the premises are not restored, Lessee's
obligation for rent will cease on the date of the casualty.
If, however, the casualty was the result of a negligent or
willful act of Lessee there will be no abatement of rent.
16 CONSTRUCTION LIENS.
16.1 Lessor's interest in the premises and the underlying fee
is not subject to any lien for improvements to the premises
undertaken by Lessee whether or not such improvements were
made with the consent of Lessor.
16.2 If any lien or claim of lien is filed against the
premises as a result of any act of Lessee, Lessee must
transfer the lien to deposit or bond as provided by law within
15 days after the lien or claim of lien was filed.
16.3 Any recorded memorandum of this lease shall contain the
prohibition against liens on the interest of Lessor in
accordance with this section.
17 SUBORDINATION; ESTOPPEL CERTIFICATES.
17.1 This lease is expressly subject to and subordinate to all
h'..!~I. :;'":'~.J';,J:;":~!AfJ..Ji;H~~1-~'.L :.'."
mortgages and other obligations of Lessor that are secured by
a lien on the premises, and all advances that may now or
hereafter become a lien on the premises, and to any extensions
and renewals thereof.
17.2 On demand of Lessor, Lessee must promptly execute and
deliver any agreement of subordination reasonably required by
the lender whose lien is to be given priority over this lease.
Lessee will not be required to subordinate his or her
interest, however, unless the lender request ing the
subordination agrees not to disturb the peaceful possession of
Lessee as long as Lessee is not in default of the obligations
under this lease.
17.3 Within 10 days after a written request from Lessor,
Lessee must execute and deliver a statement of the status of
this lease in the form and content Lessor or any creditor of
Lessor may reasonably require, setting forth that this lease
is in full force and effect and unmodified, or, if modified,
setting forth the substance of the modification or appending
a copy of the modification to it. The statement must contain
any other details concerning the status of the lease that
Lessor deems necessary. If Lessee fails to execute the written
statement timely, it will constitute a representation that the
lease is in good and current standing and is unmodified, which
representation may be relied on by any prospective purchaser
of the premises or any holder ofa mortgage on the premises.
18 CONDEMNATION
18.1 Lessor and Lessee agree that if the whole of the
premises, or so much thereof as to render the balance unusable
by Lessee, shall be taken under power of eminent domain, or
otherwise transferred in lieu thereof, or if any part of the
premises are taken and its continued operation is not in the
Lessor's sole opinion, economical, this lease shall
automatically terminate as of the date title vests in the
taking authority. Rent will be prorated to the date of
termination, and all advance rent and security deposits will
be repaid Lessee, subject to such claims as Lessor may have
for damages arising before the date of termination. Lessee
shall not be entitled to any damages from Lessor for the
unexpired portion of the term or extended term of this lease
or injury to its leasehold interest. Lessee may pursue all
"~.~ ,~,.)~ :t' t:..; :"'~~tt~~. ,l"~' H ..
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available remedies for the taking but will have no interest in
the award made to Lessor.. In the event of a partial taking
which does not result in the termination of this lease, rent
shall be apportioned according to the part of. the premises
remaining usable by the Lessee.
19 DEFAULT.
19.1 Time is of the essence in the performance of this
lease. Lessee will be deemed in default if:
19.1.1 Lessee fails to pay rent on the day the payment is
due and rent, or any portion thereof, remains unpaid for
3 days after demand for payment is made by Lessor; or
19.1.2 Lessee fails to perfo~m or observe any of Lessee1s
covenants, agreements or conditions of this lease other
than the payment of rent, for 10 days after demand for
performance by Lessor.
19.1.3 Lessee makes an assignment for the benefit of
creditors, files a voluntary or is subject to an
involuntary petition in bankruptcy or is adjudicated as
bankrupt by any court and such adj udication is not
vacated within 30 days or Lessee takes the benefit of any
insolvency act, or Lessee is dissolved voluntarily or
involuntarily or has a receiver of Lessee's property
appointed in any proceeding other than in bankruptcy
proceedings and such appointment is no~ vacated within 30
days.after it has been made, and either of the foregoing
are not cured for 10 days after demand therefore by
Lessor.
19.1.4 Lessee may terminate this lease at any time with 90
days written notice, it the City Manager determines that
there is no longer a municipal need for the premises or
the City Commission no longer allocates adequate
budgetary appropriations for the premises or staff
thereof.
19.2 Notwithstanding anything in this agreement to the
contrary, demand and notice pursuant to subsection 19.1 may be
served at Lessor's option by posting notice to the premises.
Notice must be delivered to the City Manager with a copy to
..... .., '~"",:,:,'~:r>.:lJy'ot- .-P' .
the City Attorney.
19.3 No default will be deemed waived by acceptance of rent,
whether or not Lessor has knowledge of the default, unless the
waiver is expressed in writing and signed by Lessor.
20 REMEDIES OF LESSOR.
20.1 In the event of
following cumulative
addition to all other
law:
default by Lessee, Lessor will have the
rights, privileges, and options in
remedies now or hereafter provided by
20.1.1 To perform any act or do anything required under
this lease to be performed by Lessee, and to recover the
cost thereof from Lessee.
20.1.2 To accelerate the maturity of all rent due and to
become due during the remainder of the term.
20.1.3 To terminate the lease, re-enter, and relet the
premises for the account of Lessor. Lessor will be
entitled to recover from Lessee all damages that result
from Lessee's default.
20.1.4 To keep the lease in force, re-enter, and relet
the premises for the account of Lessee for a period equal
to, or greater or less than, the remainder of the term,
at such rental and on such terms and concessions as
Lessor deems reasonable. Lessor will not be liable for
fai lure to relet the premises or, in the event of
reletting, for failure to collect the rent therefor.
20.1.5 To keep the lease in force, and to recover from
Lessee the rent and any other sum due from Lessee each
month or less frequently at the election of Lessor, or to
recover the entire sum due at the expiration of the term.
20.1.6 To recover from Lessee all expenses including
reasonable costs and charges for repairs to the premises,
which amounts will become due when incurred and will
become payable to Lessor on demand.
20.1.7 To recover reasonable attorneys' fees and costs in
connection with any action or proceeding to enforce this
lease, whether or not the lease has been terminated, or
to secure any righcs due Lessor under this lease, whether
or not any action was instituted.
21 SURRENDER.
21.1 If Lessee abandons the premises before expiration of the
term, Lessee will be deemed to have offered to terminate the
lease in exchange for retention by Lessor of all prepaid rent
and security deposits. If Lessor accepts the offer in writing,
this lease will terminate and Lessee will have no further
obligation to Lessor.
21.2 No action of Lessor, including but not limited to
acceptance of keys from Lessee and preparations for reletting
the premises, will be construed to be an acceptance of
Lessee's offer of surrender.
21.3 For purposes of this section, Lessee will be deemed to
have abandoned the premises if Lessee is absent for more than
10 days and the rent is unpaid for any portion of that time,
or if Lessee is absent for more than 20 days although the rent
is fully paid.
22 LANDLORD'S LIEN.
22.1 In addition to any other lien conferred on Lessor by law,
Lessee grants to Lessor a security interest in the personal
property of Lessee brought onto the premises, to secure
payment of the rent and performance by Lessee of all covenants
of Lessee under this lease.
22.2 On demand of Lessor, Lessee must execute and deliver
financing statements and do all things for the creation and
perfection of Lessor's security interest as may be required
under the Uniform Commercial Code.
22.3 This lien may be enforced in the manner provided for
enforcement of security interests under the Uniform Commercial
Code.
23 CONSTRUCTIVE EVICTION.
23.1 Lessee shall not be entitled to claim a constructive
eviction from the premises, unless Lessee shall have. first
-
-
to
----
notified Lessor in writing of the condition or conditions
giving rise thereto and, if the complaints be justified,
unless Lessor shall have failed within a reasonable time after
receipt of such notice to remedy such conditions.
24 RISK OF LOSS.
24.1 All personal property placed or moved in the premises
shall be at the risk of the Lessee or owner thereof. The
Lessor shall not be responsible or liable to the Lessee for
any loss or damage that may be occasioned by or through the
acts or omissions of persons occupying adjoining premises or
any part of the premises adjacent to or connected with the
premises hereby lease or any part of the building which the
leased premises are a part of for any loss or darr.age resulting
to the Lessee or its'property from bursting, s~opped up or
leaking water, gas, sewer or steam pipes unless the same is
due to the negligence of the Lessor, its agents, seryants or
employees.
25 PARKING SPACES.
25.1 Lessee shall have the right to use. the parking lot
adjacent to the building of which the leased premises are a
part, without allocating spaces to the Lessee unless, in the
sole discretion of Lessor, allocation and limit of number of
spaces is necessary.
25.2 Further, Lessor may designate certain areas of the
parking lot or areas off site within reasonable walking
distance not to exceed two city blocks for use by employees of
Lessee, which areas shall be used nonexclusively and shared
with employees of other tenants of the center.
26 JANITORIAL.
26.1 Lessee shall obtain and maintain janitorial services for
the leased premises at its own expense.
27 SIGNAGE.
27.1 Lessee, at Lessee's sole expense and with Lessor's prior
written approval, shall have the right to erect and maintain
a sign as may be architecturally compatible with the design of
the center, provided it is placed in the area designated by
---
-
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___....._ --4
,.
Lessor and conforms with all governmental codes and
regulations. Lessee shall be responsible for obtaining all
required permits at its own expense. Existing signage. shall
also be subject to this provision. Lessee shall have no
entitlement to monument signage at the entranceways or
elsewhere on or about the center.
28 HAZARDOUS SUBSTANCES.
28.1 Lessee covenants and agrees that throughout the term of
this lease no hazardous materials, defined as any waste
materials, or other substances of any kind or character that
are. or become regulated as hazardous or toxic waste 9r
substances, or which require special handling or treatment,
under any applicable local, state or federal law, rule,
regulation, or order, will be used, generated, released,
discharged, stored, disposed, or transported on or from the
premises, other than in strict compliance with all applicable
federal, state and local laws, rules regulations and orders.
28.2 Tenant shall indemnify, defend, and hold Lessor harmless
from and against any loss, cost, expense, claim, or liability
arising out of any investigation, monitoring, clean-up,
containment, removal, storage, or restoration work required
by, or incurred by Lessor or any other person or party, and
from and against any claims of third parties for loss, injury,
expense, or damage arising out of the presence, release, or
discharge of any hazardous waste as defined in subsection 32.1
on, under, in above, to or from the Leased Premises..
28.3 This section shall apply without regard to the term of
this lease and shall specifically survive the termination of
this lease.
29 GENERAL.
29.1 Lessor's Assignment. Notwithstanding anything in this
lease to the contrary, Lessor shall have the unrestricted
right of assigning this lease at any time, and in the event of
such assignment, the Lessor shall be relieved of all
liabilities hereunder.
29.2 Attorneys Fees. In the event either party seeks to
enforce or interpret the provisions of this lease by legal
action or by advice from attorneys at law, then the prevailing
l'
party or the party whose position is maintained, shall be
entitled to its reasonable costs, expenses and attorney's fees
whether or not suit is brought, or whether occurring in
connections with settlement, trial, appeal, bankruptcy or
otherwise. In the case of payment of such amount by Lessee to
Lessor, such amount shall be due and payable as additional
rent with the next monthly payment of base rent after notice
of such amount is given by Lessor to Lessee.
29.3 No Waiver. One or more waivers of any covenant, term or
condition of this lease by Lessor shall not be construed as a
waiver of subsequent breach of the same covenant, term of
condition. The consent or approval by Lessor to or of any act
by Lessee requiring such consent or approval shall not be
deemed to waive or render unnecessary consent to or approval
of any subsequent similar act of Lessee.
:
29.4 Applicable Law; Venue. This lease will be governed by the
laws of Florida and shall be enforced on in a court of
competent jurisdiction in Pinellas County, Florida.
29.S Captions. The captions and headings contained in this
lease are for convenience only and will not be used to
interpret or construe this lease.
33.6 Counterparts. This lease was executed in several
counterparts, all of which are to be considered one document,
and anyone of which may be introduced into evidence without
production of any other copy.
29.7 Entire Agreement. This lease sets out the entire
agreement of the parties. There are no implied covenants or
warranties except as expressly set forth herein. No agreement
to modify this lease will be effective unless in writing and
executed by the party against whom the modification is sought
to be enforced.
29.8 Good Faith. This lease imposes on the parties the
obligation of good faith in the observance and enforcement of
its terms.
29.9 Gender and Number. Where the context requires, the
masculine will include the feminine and neuter, the singular
will include the plural, and vice versa.
29.10 Notices. All notices that either party desires or is
required to give the other must be in writing and delivered by
personal delivery or by certified or registered mail. Notices
to Lessor must be delivered to Lessor's address shown in the
lease, and to Lessee at the premises. Lessor may change
address from time to time by giving written notice to Lessee
of the change.
29.11 Parties Bound. This lease is binding on and inures to
..the benefit of the parties and their respective heirs,
successors, and personal representatives.
29.12 References. Appendices to this lease, if not physically
attached, are incorporated by reference when identif ied in
this lease and initialed by the parties.
29.13 Severability. If any provision of this lease or its
application to any person or circumstance is declared invalid
or unenforceable, the remainder of this lease will not be
affected but will be enforced to the extent permitted by law.
29.14 Time of the Essence. Time is of the essence in the
performance of this lease.
29.15 Trial by Jury. The parties waive trial by jury in any
.action, proceeding,' or counterclaim brought by either party
against the other with respect to any matter arising under
this lease or Lessee's use or occupation of the premises.
EXECUTED at
.. . .. . . . . . . . ,
Florida, on ..... (date) . . . . . .
WITNESSES:
Printed Name:
LESSOR
Printed Name:
printed Name:
LESSEE
printed Name:
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Signature page for Shopping Center Lease between City of Clearwater and B.J.E.,
Inc., a Florida Corporation for Unit 208, Pelican Walk, 483 Mandalay Avenue,
Clearwater, Florida.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this
day of ,199_.
Countersigned;
CITY OF CLEARWATER
I:,..C
I.,C
Rita Garvey, Mayor-Commissioner
By;
Michael J. Roberto I City Manager
, .
. ,
Approved as to form;
Attest:
. Pamela K. Akin, City Attorney
Cynthia E. Gou,deau, City Clerk
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Item #21
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Clearwater City Commission
Agenda Cover Memorandum
Work Session Item #:
Final Agenda Item #
Meeting Date:
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SUBJECT/RECOMMENDA TION:
Award a contract to Pinellas County School System/Clearwater Adult Education Center, Clearwater,
Florida, for provision of educational services, in an estimated amount of $63,000, in accordance with
Sec. 2.564(1 )(e), Code of Ordinances -Impractical to Bid
[gJ and that the appropriate officials be authorized to execute same.
SUMMARY:
· The Career, Technical and Adult Education (CT AE) division of the Pinellas County School System!
Clearwater Adult Education Center was selected by Clearwater in 1997 to provide educational
services to community residents for the Weed and Seed program. SelVices include basic education
classes; GED preparation assistance; career counseling to assist residents in identifying employment
skills and aptitude; instruction in getting and keeping a job; and instruction in computer skills. CT AE
also provides an educational coordinator who functions as a back-up instructor in addition to serving
as the administrative manager for the center. Other responsibilities for the educational coordinator
include coordination of maintenance and janitorial services; ordering and purchasing of supplies;
and supervision of CT AE staff and volunteers. CT AE will also administer an extended summer
program during the months of June, July and August, with special emphasis on getting and keeping
the community's children off the streets and out of trouble while regular school is out.
· CT AE's participation has been and continues to be critical to the program's success. The program
has, in fact, been a carefully crafted partnership between the Clearwater Police Department, Mt.
Carmel Development Corporation, and CT AE. Clearwater is now entering the third year of its Weed
and Seed funding. With the continued efforts of the three partners involved in the program,
Clearwater expects to see the Job Skills Training Center flourish and grow. It would be extremely
difficult, if not impossible, to maintain any kind of continuity or consistency to the program if it were
necessary to re-bid and possibly change the provider of educational services throughout the three-
year grant period. It is therefore impractical to bid on the educational services required for the Weed
and Seed Job Skills Center and Computer learning lab.
. The total amount to be paid to CT AE is $63,000, which will include the following expenses for the
period October 1, 1998 - September 30, 1999: $38,520 for provision of all educational services;
$12,000 for a summer day program; and $12,480 for an educational coordinator to supervise
administration of the Center.
. Funding will be provided by Clearwater's Weed and Seed FY 99 Grant project, 181-99394.
Reviewed by:
Legal ..!ilC-- Info Srvc
BUdget;;/~ ~V Public Works
Purchasing nfa DCM/ACM
Risk Mgmt nfa Other
nfa
nfa
Costs
Total $63,000
Current FY $63.000
Funding Source:
Cl
OP
Other Grant
nla
Submitted by:
City Manager
iRI None
A ro rlatlon Code: lfH-99.194
D..b.......... ^" ..."""'".......""" ...........
gnU 1)100
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Clearwater CIty Commission
Agenda Gover Memorandum
Worksesslon Item It:
Meeting Dale:
~
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Final Agenda Item II
SUBJECT/RECOMMENDA liON:
Appoint Bob Shipp to the Board of Trustees, Clearwater Police Supplementary Pension Plan
IB.l and that the appropriate officials be authorized to execute same.
i
{
SUMMARY:
On November 1, 1998 the term of office of Roy May expired. Mr. May has declined to be
nominated for an additional term.
At the Board meeting held on August 26, 1998, Mr. Bob Shipp, 690 Island Way, Clearwater, indicated his
interest in serving on the Board of Trustees. Mr. Shipp is a retired manufacturer's representative and home
builder. He formerly served on the Board of Directors of the Island Estates Civic Association and Island Estates
Coalition of Homeowners, and meets the criteria outlined in Florida Statute 185.05 for appointment to the
Board. The Board welcomes Mr. Shipp's interest in serving and recommends he be appointed to serve a two
(2) year term (11/01/98 - 11/01/2000).
Reviewed by:
Legal NJA
Budget N/A
Purchasing N/A
Risk Mgmt ~
Info Srvc
Public Works
DCM/ACM
Other
N/A
N/A
Costs
Total 0
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City Manager
Pr\n\ed on recycled paper
None
A ro riation Code:
Rev. 2190
fw3
Clearwater City Commission
Agenda Cover Memorandum
Work session Item It:
~3
JJ.I~.q~
Final Agenda Item It
Meeting Date:
SUBJECT/RECOMMENDATION: Award a contract for STORM PIPE REPLACEMENT
WOODSIDE/WOODCREST AVENUE (98-0124-EN) to SUNCOAST EXCAVATING & UTILITIES,
INC. of OZONA. FLORIDA for the sum of $134.546.50 which Is the lowest responsible bid
received in accordance with the plans and specifications,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
· The work to be performed under this contract is the replacement of approximately 500 feet
of deteriorated 36 inch corrugated metal pipe with reinforced concrete pipe. Included in the
construction is the replacement of curb. rebuilding of roadway and the milling and
resurfacing of roadway.
. The old storm pipes were the original storm pipes that were installed when the Oak Acres
Subdivision was built in 1957. There are several locations where the pipe has deteriorated
and Public Service Personnel have had to make temporary repairs to the old storm system.
Presently a section of Woodcrest Avenue has been barricaded as the pipe can no longer be
temporarily repaired.
. Funding is to be provided from bond proceeds as anticipated in the results of the Utility Rate
Study. Any financial resources required to be used prior to the issuance of the bonds will
be provided by a loan from the consolidated cash pool.
. This project will start on or about December 7, 1998 and will be completed within 45
calendar days.
Reviewed by:
Legal ~ Info Srvc
Budget j;{~72./ Public Works
Purchasing -f!li4. DCM/ACM
Risk Mgmt ' N/A Other
1!'
nlstratlon
Costs $134,546.50
Total
User Dept.
Public Works
Attachmon
Current FY
Funding Source:
Cl X
op
Other
Submitted by: ~
City Manager
o None
Appropriation Code:
375.96124.563700.539.000
Rev, 2/98 Woodside WoodcreGt Storm Pipe Ropl.
~ Printed on recycled pllper
~
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item # d. Lf-
Meeting Date: (lJ 9 .9 g--
SUBJ ECl/RECOMMEN DA liON:
Approve the Second Amendment to Agreement with the Southwest Florida Water Management District;
and the Contract with the State of Florida Department of Environmental Protection for funding for
. Cooper's Point Restoration and Management,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City of Clearwater is a joint property owner of Cooper's Point with Pinellas County and is responsible
by agreement with Pinellas County for property management of Cooper's Point.
. The City Commission approved the Agreement with the Southwest Florida Water Management District
(SWFWMD) on December 7, 1995, for cooperative funding for wetland habitat restoration and
enhancement at Coopers Point. The Agreement called for SWFWMD to be the lead for the work and the
City to reimburse SWFWMD up to $100,000, total project costs not to exceed $200,000. The Agreement
WtiS amended on May 16, 1996, to allow SWFWMD to reimburse the City for work the City performed
under the Agreement.
. Construction delays caused by rescheduling of SWFWMD construction staff require this Second
Amendment to extend the Agreement to December 31, 1999.
. The City Commission also approved the Agreement with the Florida Department of Environmental
Protection (FDEP) on May 16, 1996 for grant funding of $50,000 to restore and manage natural wetland
and upland habitats while providing public educational opportunities at Cooper's Point.
. Due to construction delays by SWFWMD, work on the upland areas of the site that could be funded by the
FDEP grant have also been delayed and the amended Contract provides for a two year extension to
September 16, 2000.
. SWFWMD crews are scheduled to begin construction in the Spring of 1999.
. Copies of the Amendment and the Contract a~e available in the Clerks Department
Info Srvc ~/
Public Works .
DCM/ACM
Other
Originating Dapt:
Public Works Admin
Usor Dopt.
Rovlewed by:
Legal ~ __
Budget N/A
. Purchasing N/A
Risk Mgmt N/A
Costs
Total N/A
Current FY
Funding Source:
Cl
or
Other
Attachments
Submitted by:
City Managor
Prlnh.od on recycled p;aper
o None
A ro lrlatlon Code: N/A
Rev. 2/98
AGREEMENT NO. 9SCONOOO 114
SECOND AMENDMENT
TO THE AGREEMENT BETWEEN THE
SOUTHWEST FLORlDA WATER MANAGEMENT DISTRlCT
AND THE
CITY OF CLEAR WATER, FLORIDA
For
Cooper's Point and Del Oro Park Habitat Restoration and Enhancement Projects (W3191W337)
This SECOND AMENDMENT is made and entered into by and between the SOUTHWEST
FLORIDA WATER MANAGEMENT DISTRICT, a public corporation created by Chapter 61-691,
Laws of Florida, as amended, for itself and on behalf of the Pinellas-Anclote Basin Board,
hereinafter collectively referred to as the ."DISTRICT," and the CITY OF CLEARWATER,
FLORIDA, a municipal corporation of the State of Florida, hereinafter referred to as the "CITY."
WITNESSETH:
i >
WHEREAS, the DISTRICT and the CITY entered into an Agreement for habitat restoration projects
at Cooper's Point and DelOra Park dated December 22, 1995, as amended September 11, 1996; and
WHEREAS, the parties hereto wish to amend the Agreement to extend the tenns of this Agreement
due to delays caused by the rescheduling of DISTRICT construction staff.;
NOW, THEREFORE, in consideration of the mutual tenns, covenants and conditions contained
herein, the parties hereby mutually agree to amend the original Agreement, dated December 22,
1995, as amended, as follows:
1. Paragraph 5, Contract Period, is hereby amended to extend the expiration date to December
31, 1999.
2. . This Amendment shall be effective upon execution by all parties.
3. The tenns, covenants and conditions set forth in the original Agreement, dated December 22,
1995, as amended, that have not been specifically amended herein, shall continue in
existence, are hereby ratified, approved and confinned, and shall remain binding upon the
parties hereto.
This remainder of this page intentionally left blank.
Page 1 of2
"-i.,.r .~l, <'~;.!'j~~~~l.;i/,,,,,,.,"":t..
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IN WITNESS WHE,REOF, the parties hereto have executed this Second Amendment on the day and
year set forth next to their signature below.
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
By:
E. D. Vergara~ Executive Director
Date
Witness
Federal ID No. 59-0965067
. Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto~ City Manager
Date
Rita Garvey
Mayor, Commissioner
Approved as to form:
Attest:
By:
Cynthia E. Goudeau, City Clerk
Date
. City Attorney's Office
FederaIID#: 59-6000289
SECOND AMENDMENT
TO 11{E AGREEMENT BETWEEN TIlE
SOlITHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND
CITY OF CLEARWATER, FLORIDA
for
Cooper's Point and Del Om Park Habitat Restoration and Enhan~mcnt Projects (W3191W337)
DISTRICT AFPROV AL I~LS
LEGAL
RlSKMGMT ~
CONTRACTS
RES PROJ DEPT DIR ......
DEPUTY EXEC D1R
GOVERNING BOARD
-
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Page 2 of2
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DEP Contract No. SP481
CONTRACT
THIS CONTRACf is entered into between the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROrnCfiON, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399
(hereinafter referred to as the "Department") and the CI1Y OF CLEARWATER, FLORIDA, whose address is Post
Office Box 4748, Clearwater, Florida 34618-4748 (hereinafter referred to as the "Contractor"), a unit of local
government, to perfonn the Cooper's Point Ecosystem Restoration and Management Project.
WHEREAS, the Department and the Contractor originally entered into DEP Contract No. SP357 on May 22,
1996, for the performance ofservices described herein; and,
WHEREAS, the Contractor was unable to perfonn any of the services prior to the tennination date of DEP
Contract No. SP357 due to delays encountered in scheduling the services of the Southwe!t Florida Water Management
District's Operations Crew; and,
WHEREAS, the Department wasn't aware of the difficulties encountered by the Contractor in perfonning the
services descn'bed in DEP Contract No. SP357 in time sufficient for amending said contract; and,
WHEREAS, tbe Department has detennined that it is in the best interest of the State to authorize performance of
the services under a new contract
NOW TIlEREFORE, in consideration of the mutual benefits to be derived herefrom, the Department and
Contractor do bereby agree as follows:
1. The Department does hereby retain t1le Contractor to perform the Cooper's Point Ecosystem Restoration
and Management Project (DEP Project No. 50595) as defined herein and the Contractor does hereby
agree to perfonn such services upon the tenns and conditions set forth in this Contract, Attachment A
(Scope of Services), and all attachments and exhibits named herein which are attached hereto and
incorporated by reference.
2. The Contractor shall perfonn the services in a proper and satisfactory manner as detcnnined by the
Department. Any and all equipment, products or materials necessary to perform this Contract shall be
supplied by the Contractor, unless otherwise specified herein.
3. The Contractor shall post signs, which can be read at a distance of up to 200 feet, in conspicuous
locations at the project site indicating the Department's participation. through the Ecosystem
Management and Restoration Trust Fund, in funding for this project.
4. The Contractor shall perfonn as an independent contractor and not as an agent, representative, or
employee of the Department.
5. A. As consideration for the services rendered by the Contractor under t1le tenus of this Contract, the
Department shall pay the Contractor on a cost reimbursement basis for subcontracted services as
outlined in Attachment A. Maximum compensation provided under this Contract shall not exceed
$50,000.
D. The State Comptroller requires detailed supporting documentation of all costs under a cost
reimbursement contract. The Contractor shall be reimbursed in accordance with the Comptroller
Contract Payment Requirements, attached hereto and made a part hereof as Attachment B. Invoices
shan be accompanied by supporting documentation and other requirements as follows:
DEP Contract No. SP481, Page 1 of 6
~ , '.
-~
'.
1. SnlarieslWnstes ~ Thc Contractor shall not be reimbursed for direct salaries and multipliers (i,e.,
fringe benefits, overhead. and/or general and administrative rates) for Contractor's employees.
2. Contrach1al M (Subcontractors) ~ Reimbursement requests for payments to subcontractors must be
substantiated by copies of invoices with backup documentation identical to that required from
the Contractor. Subcontracts which involve payments for direct salaries shall clearly identify the
personnel involved, salary rate per hour, and hours/rime spent on the project. An multipliers
used (i.e., fringe benefits, overhead, and/or general and administrative rates) shall be supported
by audit. If the Department detennines 01at multipliers charged by any subcontractor exceed the
rates supported by audit, the Contractor shall be required to reimburse such funds to the
Department within thirty (30) days of written notification. Interest on the excessive charges
shall be calculated based on the prevailing rate used by the State Board of Administration.
3. EQuipment - (Capital outlay over $500 in value) - TIle purchase ofnon~expendable equipment is
not authorized under the terms of this Contract.
4. Travd- Travel expenscs are not authorized under the terms OfOlis Contract.
6. The Contractor shall submit quarterly invoices in conjunction with progress reports as required herein.
All bills for amounts due under this Contract shall be submitted in detail sufficient for a proper pre~audit
and post~audit thereof: A froal invoice must be submitted no later than thirty (30) calendar days
following the Contract complction date established in paragraph 8 below, to assure the availability of
funding for final payment.
7. Thc Contractor shall submit quarterly progress reports in conjunction with invoices. Each report shall
outline the work perfonncd during the reporting period, work scheduled for the next reporting period,
expenditures to date, problems encountered and planned solutions, and any schedule updates.
8. This Contract shall begin upon execution by both parties and remain in effect for a period of twenty~four
(24) months following the date of execution. In accordance with Section 287.058(2), Florida Statutes, the
Contractor shall not be eligible for reimbursement for services rendered prior to the execution date of this
Contract. This Contract may be renewed for an additional tenn not to exceed the original Contract period
unless the original Contract period is 24 months or less, in which case the Contract may be renewed up to
two additional one.year periods. Renewal of this Contract shall be in writing and subject to the same
tenns and conditions of this Contract. All renewals are contingent upon satisfactory performance by the
Contractor and the availability of funds.
9. The State of Florida1s perfonnance and obligation to pay under this Contract is contingent upon an annual
appropriation by the Legislature.
10. Pursuant to Section 215.422, Florida Stah1tes, the Department's Contract Manager shall have five (5)
working days, unless otherwise specified herein, to inspect and approve the services for payment; the
Department must submit a request for payment to the Florida Department of Banking and Finance within
twenty (20) days; and the Department of Banking and Finance is given tcn (10) days to issue a warrant.
Days arc calculated from the latter datc the invoice is received or scrvices received, inspected, and
approved. Invoicc payment requirements do not start until a proper and correct invoice has been received.
Invoices which have 10 be returned to a contractor for correction(s) will result in a delay in the payment.
A Vendor Ombudsman has been established within the Florida Department of Banking nnd Finance who
may be contacted if a contractor is experiencing problems in obtaining timely payment(s) from a State of
Florida agency. The Vendor Ombudsman may be contacted at 850/488~2924 or 1~800.848~3792.
11. In accordance with Section 215.422, Florida Statutes, the Department shall pay Ole Contractor, interest at
a rate as cstablished by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in
DEP Contract No. SP48t, Page 2 of 6
payment of an invoice is not issued within forty (40) days aner receipt of a correct invoice and receipt,
inspection, and approval oflhe goods and services. Interest payments ofless than $1 will not be enforced
unless D contractor requests payment. TIle interest rote established pursuant to Section 55.03(1), by
Comptroller's Memorandum No.3 (1997-98) dated December 3, 1997, has been set at 10% per DMum or
.02740% per day. The revised interest rate for each calendar year beyond 1998 for which the tenn of this
Contract is in effect can be obtained by calling the Department of Banking and Finance, Vendor
Ombudsman at the telephone number provided above or the Dcpartment1s Contracts Section at
850/922-5942.
12. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its
employees and agents. However, nothing contained herein shall constitute a waiver by either party of its
sovereign immunity or the provisions of Seclion 768.28, Florida Statutes.
13. The Department may tenninate this Contract at any time in the event of the failure of the Contractor to
fulfill any of its obligations under this Contract. Prior to tennination, the Department shall provide thirty
(30) calendar days written notice of its intent to tenninale and shall provide tbe Contractor an opportunity
to consult with the Department regarding the reason(s) for termination.
The Department may tenninate this Contract without cause and for its convenience by giving thirty (30)
calendar days written notice to the Contractor.
Notice shall be sufficient if delivered personally or by certified mail to the address set forth in paragraph
14.
14. Any and all notices shall be delivered to the parties at the following addresses:
Contractor
Department
Ms. Terry Finch
. Environmental Programs Director
City of Clearwater
P.O. Box 4748
Clearwater, Florida 34618-4748
Ms. Stormy Ingold
Florida Department of Environmental
Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 33618-8318
15. Pursuant to Section 216.2815, Florida Statutes, all records in conjunction with this Contract shall be
public records and shall be trealed in the same manner as other public records are under general law.
This Contract may be unilaterally canceled by the Deparbnent for refusal by the Contractor to allow
public access to a11 documents, papers, letters, or other material subject to the provisions of Chapter 119,
Florida Statutes, and made or received by the Contractor in conjunction with this Contract.
16. The Contractor shall maintain books, records and documents directly pertinent to performance under this
Contract in accordance with generally accepled accounting principles consistently applied. The
Department, the State, or their authorized representatives shall have access to such records for audit
purposes during the term of this Contract and for three years following Contract completion. In the event
any work is subcontracted, the Contractor shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes.
17. In accordance with Section 216.349, Florida Statutes (financial review of grants and aids appropriations),
the Contractor sha11 provide to the Department one of the following: (n) an audit of this Contract in
accordance with the roles of the Auditor General promulgated pursuant to Section 11.45, Florida Statutes;
or (b) a stDtement prepared by an independent certified public accountant which attests that the Contractor
has complied with the provisions of this Contract. TIle Department reserves the right to recover costs for
failure to comply with Section 216.349, Florida Statutes.
DEP Contract No. SP481, Page 3 of 6
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Copies of the required statement or audit, as applicable, shall be sent to each of the following within
thirteen (13) months after the completion of the Contractor's fiscal year in which the Contract was
completed.
-Ms. Stonny Ingold
Department of Environmental Protection
Southwest District Office
3804 Coconut Palm Drive
Tampa, Florida 336 18-8318
-Audit Direclor (MS40)
Department of Environmental Protection
2600 Blair Slone Road
Tallahassee. Florida 32399-2400
-Audit Manager
Office of the Auditor General
P.O. Box 1735
Tallahassee, Florida 32302
I
I.
I To ensure compliance with Section 216,349, Florida Statutes, Chapter 10.600. Rules of the Auditor
General is provided as Attachment C. Although this document is provided as an attachment to this
Contract, the Contractor acknowledges that this rule is subject to periodic revision by the Auditor
General. and as such. the Contractor agrees to comply with the effective version of the rule at the time of
satisfying the audit requirements of this Contract
18. The Department's Contract Manager is Stonny Ingol~ Phone 813/744-6100. The Contractors Contract
Manager is Terry Finch, Phone 813/462-6597. All matters shall be directed to the Contract Managers for
appropriate action or disposition.
19. The Contractor warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the Contractor to solicit or secure this Contract and that it has not paid
or agreed to pay any person, company, corporation, individual. or firm, other than a bona fide employee
working solely for th~. Contractor any fee, commission. percentage, gift or other consideration contingent
upon or resulting from the award or making of this Contract
20. The Contractor covenants that it presently has no interest and shall not acquire any interest which would
conflict in any manner or degree with the performance of services required.
21. This Contract has been delivered in the State of Florida and shall be construed in accordance with the
laws of Florida. Wherever possible. each provision of this Contract shall be interpreted in such manner as
to be effective and valid under applicable law, but if any provision of this Contract shall be prohibited or
invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or
invalidity, without invalidating the remainder of such provision or the remaining provisions of this
Contract. Any action hereon or in connection herewith shall be brought in Leon County, Florida.
22. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default
by either party under this Contract, shall impair any such right, power or remedy of either party; nor shall
such delay or failure be construed as a waiver of any such breach or default, or any similar breach or
default thereafter.
23. The Contractor recognizes that the State of Florida, by virtue of its sovereignly. is not required to pay any
taxes on the services or goods purchased under the tenus of this Contract.
DEP Contract No. SP481, Page 4 of 6
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24. This Contract is neither intcnded nor shall it be construed to grant any rights. privilcges or interest in any
third party without the mutual written agreement of the parties hereto.
25. No person. on the grounds of mcc, creed, color. national origin. age. sex. or disability. shan be excluded
from participation in; be denied the proceeds or bencfits of; or be otherwise subjected to discrimination in
perfonnance of this Contract.
26. This Contract is an exclusive contract for scrvices Bnd may not be assigned in whole or in part without the
written approval of the Department.
27. The ContIactor shall not subcontract. assign. or transfer any work under this Contract without the prior
written consent of the Department's Contract Manager. The Contractor agrees to be responsible for the
fulfillment of all work elements included in any subcontract consented to by the Department and agrees to
be responsible for the payment of aU monies due under any subcontract It is understood and agreed by
the Contractor that the Department shan not be liable to any subcontractor for any expenses or liabilities
incurred under the subcontract and that the Contractor shall be solely liable to the subcontractor for all
expenses and liabilities incurred undcr the subcontract.
28. The Contractor shaH be responsible for selecting its subcontractor(s) through a competitive process
equivalent to that describcd in Chaptcr 287. Florida Statutes. The Contractor shaH provide the
Deparbnent with a copies of all solicitation documcnts including: the solicitation. the tabulation sheet,
the award notice, and the resulting contract.
29. To the extent required by law. the Contractor witl be self-insured against, or will secure and maintain
during the life of this Contract, Workers' Compensation Insurance for all of his employees connectcd with
the work of this project and, in case any work is subcontracted. the Contractor shalt require the
subcontractor similarly to provide Workerst Compensation Insurance for all of the latter's employees
unless such employees are covered by the protection afforded by the Contractor. Such self-insurance
program or insurance coverage shall comply fully with tlle Florida Workers' Compensation law. In case
any class of employees engaged in hazardous work under tllis Contract is not protected under Workers'
Compensation statutes, the Contractor shall provide, and cause each subcontractor to provide. adequate
insurance. satisfactory to the Department. for the protection of his employees not otherwise protected.
30. The Contractor. as an independent contractor and not an agent. representative. or employee of the
Department, agrees to cany adequate liability and other appropriate forms of insurance. The Department
. shall have no liability except as specifically provided in this Contract.
3 J. The purchase of non-expendable equipment costing $500 or morc is not autllonzed under the tenns of
this Contract.
32. In accordance with Section 216.347, Florida Statutes. the Contractor is hereby prohibited from using
funds provided by this Contract for the purpose of lobbying the Legislature. the judicial br.lDch or a state
agency.
33. The Department may at any time. by written order designated to be a change order. make any change in
the work within the general scope of this Contract (e.g" specifications. time, method or manner of
perfonnance. requirements. etc.). Alt change orders are subject to the mutual agreement of both parties as
evidenced in writing. Any change order which causes an increase or decrease in the Contractor's cost or
time shall require fonnal amendment to this Contract.
34. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not perform work as a grantee. contractor. supplier. subcontractor, or consultant under a
contract with any public entity. and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017. F.S., for Category Two. for a period of36 months from
tbe date of being placed on the convicted vendor list.
DEP Contract No. SP481t Page S of 6
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35. The Contractor shatt comply with all applicable federal, state and local rules and regulations in providing
services to the Department under this Contract. The Contractor acknowledges that this requirement
includes compliance with aU applicable federal, state and local health and safety rules and regulations.
The Contractor further agrees to include this provision in aU subcontracts issued 85 a result of this
Contract.
36. This Contract represents the entire agreement of the parties. Any alterations, variations, changes,
modifications or waivers of provisions of this Contract shal1 only be valid when they have been reduced
to writing, duly signed by each of the parties hereto, and attached to the original of this Contract, unless
otherwise provided herein.
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed, the day and year last
written below.
CITY OF CLEARWATER, FLORIDA
By:
Chairman.
STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
By: flJYfJWtf
Director of District Management, Southwest
District Office or designee
Date:
Date:
7/,~/'i "
Approved as to fonn and legality:
clo~
DEP Contract anager
~.&.~
DEP Contracts Administrator
City Attorney
Attest:
Ap roved as to form and legality:
~h.~ t ~
DEP ttomey
. City Clerk
FEID No.: 59-6000289
""For contracts with governmental boards/commissions: If someone other than the Chainnan signs this Contract, a
resolution, statement or other document authorizing that pcrson to sign the Contract on behalf of the Contractor must
accompany the Contract
List of attachments/exhibits included as part of this Contract:
Specify
Type
Lettcrl
Number
Description (include number of pages)
Attachment
. Attachment
Attachment
....L
.JL
L
Scope of Services (1 Page)
Comptrol1er Contract Payment ReQuirements (1 Page)
Chaptcr 10.600. Rules of the Auditor Gcneml (5 Pages)
DEP Contract No. SP481, Page 6 of 6
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ATfACHMENT A
SCOPE OF SERVICES
COOPER'S POINT ECOSYSTEM RESTORA nON AND MANAGEMENT
Overview
The Florida Department of Environmental Protection (Department) and the City of Clearwater (Contractor) agree that
the primary objectives of this project are:
To restore, enhance and manage natural wetland and upland habitats at Cooper's Point.
To provide opportunities for enviromnental education and public access.
Scope Detail
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1. The Contractor shall be responsible for the fmal project plan and implementation of the plan. The project plan
shall. include surveys, construction drawings, time lines, vegetation plans, budgets, bid documents, and any
subcontracts. Construction drawings shall include all clearing, excavation, filling, native plantings and public
acc~ss facilities. Copies of all documents shall be submitted to the Department.
2. The Department shall work closely with the Contractor to help develop a project plan. The Department shall
review and approve the final project plan, If necessary, the Department will modify the project plan to protect
established habitats. to protect water quality. and to improve implementation of the project.
3. The Contractor shall be responsible for obtaining all necessary pennits.
4. The Contractor shall notify the Department of the project start up dates at least five (5) days before commencing
and subsequent changes in schedule.
S. The Contractor shall be rC5ponsible for properly disposing of waste material found in the project site and/or
generated as a result of this project.
6. The Contractor shall provide continuous on-site management to insure compliance with the project plan.
7. The Contractor shall utilize proper turbidity controls. If dewatering is necessary, the Contractor shall submit a
dewatering plan to the Department for review and approval.
8. The Contractor shall be responsible for developing and implementing and ongoing management plan for the
project site. The plan will be submitted to the Department prior to project completion for review and approval.
9. The Contractor shall submit quarterly progress reports along with invoices and a final report with photographs
within thirty (30) days of completion of the project
Budget Explanation
The Contractor will be reimbursed up to $50,000 for costs of completing this project. Appropriate project costs
include, but are not limited to. work associated with project construction. exotic vegetation control. purchase and
installation of native plants. construction of public access facilities. Prior to project construction, the Department must
be advised. in writing. of the projected construction costs for approval.
REMAINDER OF PAGE INTENTIONALLY LEFr BLANK.
DEP Contract No. SP481, Attachment A, Page 1 of 1
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ATtACHMENT B
Comptroller Contract Payment Requirements
Department of Banklng and Finance, Bureau of Auditing Manual (10/07/91)
Cost Reimbursement Contracts
Invoices for cost reimbUrsement contracts must be supported by an itemized listing of expenditures by category
(salary, travel, expenses, etc.) Supporting documentation must be provided for each amount for which
reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu
of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only
expenditures for categories in the approved contract budget should be reimbursed.
Listed below are examples of types of documentation representing the minimum requirements:
(1) Salaries: A payroll register or similar documentation should be submitted. The payroll register
should show gross salary charges, fringe benefits, other deductions and net pay. If an
individual for whom reimbursement is being claimed is paid by the hour, a document
reflecting the hours worked times the rate of pay will be acceptable.
(2) Fringe Benefits: Fringe Benefits should be supported by invoices showing the amount paid on behalf of
the employee (e.g., insurance premiums paid). If the contract specifically states that
fringe benefits will be based on a specified percentage rather than the actual cost of
fringe benefits, then the calculation for the fringe benefits amount must be shown.
Exception: Governmental entities are not required to provide check numbers or
copies of checks for fringe benefits.
(3) Travel: Reimbursement for travel must be in accordance with Section 112.061, Florida
Statutes, which includes submission of the claim on the approved State travel voucher
or electronic means.
(4) Other direct costs: Reimbursement will be made based on paid invoices/receipts. If nonexpcndnble
property is purchased using State funds, the contract should include a provision for the
transfer of the property to the State when services are terminated. Documentation must
be provided to show compliance with Department of Management Services Rule 60A-
1.017, Florida Administrative Code, regarding the requirements for contracts which
include services and that provide for the contractor to purchase tangible personal
property as defined in Section 273.02, Florida Statutes, for subsequent transfer to the
State.
(5) In-house charges: Charges which may be of an internal nature (e.g., postage, copies, etc.) may be
reimbursed on a usage log which shows the units times the rate being charged. The
rates must be reasonable.
(6) Indirect costs:
If the contract specifies that indirect costs will be paid based on a specified rate, then
the calculation should be shown.
Pursuant to 216.346, Florida Statutes, a contract between state agencies including any
contract involving the State University system or the Slate Community College system,
the agency receiving the contract or grant moneys shall charge no more than S percent
of the total cost of the contract or grant for overhead or indirect cost or any other cost
not required for the payment of dirt:~it costs.
DEP Contract No. SP481, Attachment B, Page 1 of 1
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RULES OF THE AUDITOR GENERAL
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CHAPTER 10.600
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... ... A.UDITS OF.STATEGRANTS AND AIO.S APPROPRIATIONS
U~DER SECTION 216..349, FLORIDA STATUTES'
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EFFECTIVE 9...30..97
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DEP Contract No.sP481. Attachment C, Page 1 or 5
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RULES OF THE AUDITOR GENERAL
CHAPTER 10.600
TABLE OF CONTENTS
Rule
Section No.
Description
Page
PREFACE TO RULES ....................................... 2
10.610
10.620
10.630
DEFINITIONS ...,.....t..II.. ........... ........... ....................... 3
AUDIT REQUIREMENTS ...~.............................. 4
EFFECTIVE DATE .................11I...................................4
APPENDIX .............11.....,.................. .......... ..... ......... 5
PREFACE TO RULES
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Section 216.349, Florida Statutes, Imposes audit requirements on recipients of grants and
aIds appropriations from State agencies. The grants and aids appropriations referred to In Section
216.349, Florida Statutes, are those designated as "grants and aids" In a Florida appropriations
act. The beginning point of any audit required by this section of law should be a determination of
which State moneys received by the auditee are grants and aIds appropriations as described
above.
The Auditor General has no authority or responsibility to determine which grants and aids
are covered by this section of the Florida Statutes. Because of responsibilities assigned to the
administering State agency and the Comptroller of the State of Flortda, either or both should be
able to assist the audltee In determining which grants and aids come under Section 216.349,
Florida Statutes. The administering State agency should also be consulted regarding any specific
fonn requirements for the required report and schedule.
These rules apply only to grants made by State agencies from appropriations designated
as "grants and aids" In a Florida appropriations act. These rules do not apply to grants made from
sources of money other than those designated as "grants and aids" in a Florida appropriations
act.
There may be occasions when Slate grants and aIds appropriations moneys received
from a State agency include Federal moneys. Certain changes to these rules have been made to
assist State agency Federal award pass-through recipients In their effort to Implement new
. Federal requirements (I.e., Single Audit Amendments of 1996 and revised OMS Circular A-133)
while stili complying with the Section 216.349, Florida Statutes, requirements. The most significant
change to these rules Is the requirement that the auditor conduct an examination In accordance
with AICPA attestation standards and issue an examination attestation report addressIng
compliance with the grant requirements.
Since the primary objective of a Section 216.349, Florida Statutes, audit Is to determine
the recipient' s compliance with the grant provisions (Including a determination of whether the
grant funds were used for authorized purposes), an examInation conducted In accordance with
AICPA attestation standards should be sufficient to meet this objective. AICPA attestation
standards are not significantly different from AICPA auditing standards and the level of audit work
necessary to meet this objective would not vary significantly whether done as part of an audit or
as part of an attestatlon engagement. An examination done In accordance with AICPA attestation
DEP Contract No.SP481, Attachment C, Page 2 of 5
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standards provides a high level of assurance (I.e., an opinIon) and should satisfy the monitoring
needs of pass.through Federal award recipients. Examinations Intended to satisfy such monitoring
needs would be limIted to the five types of compliance requIrements specified In OMB Circular A-
133 for limited scope audits.
Another advantage of an examInatIon conducted In accordance with AICPA attestation
standards Is that the audllor' s examination attestation report Is essentially the same regardless of
whether or not the grants and aids recipient is a local government, not-for-profit or for-profit
organization, or had a financial statement audit. The use of the same report to satisfy applicable
Federal sub recipient monitoring requirements and/or State grants and aids appropriations audit
requirements should ease admInistrative burdens
imposed on State agencies.
The basis for determining whIch Federal award recipients are required to have a Federal
single audit (I.e.. amount of Fedoral awards oxpended) differs from the basis for determining
which grants and aIds recipients are required to provide for an audit pursuant to Section 216.349,
Florida Statutes (i.e., the amount of grants and aids monoys received). Accordingly, Federal
award recipients required to provide for an audit pursuant to the Federal SIngle Audit Act must
prepare a schedule of expenditures of Federal awards whereas State grants and aids recipients
required to provide for an audit pursuant to Section 216.349, Florida Statutes. must prepare a
schedule of State financial assistance. Because Information required for a schedule of
expenditures of Federal awards differs from that required for a schedulo of State financial
assistance, State grants and aids moneys that Involve Federal awards will have to be Included on
the schedule of expenditures of Federal awards (when that schedule Is required pursuant to the
Federal Single Audit Act) and on the schedule of State financial assistance. The schedule of State
financial assistance should be footnoted to indicate the extent of dupHcatlon of moneys on the two
schedules.
The auditor must determine from the grant agreement and/or Inquiries with the granting
agency the level or amount of testing necessary to report on whether or not the expenditures of
the grants were In accordance with aUlega! and regUlatory requirements and that the funds were
not used for the purpose of lobbying the Legislature, the judIcial branch, or a State agency.
Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State
requirements at the same time. However, as stated earlier, these rules do require a schedule of
State financial assistance and the auditor's examlnatron attestation report should refer specifically
to the schedule of State financIal assistance. The schedule of State financial assistance should
clearly distinguish State grants and aids moneys from other State financial assistance. NothIng
contained In these rules precludes a State granting agency from imposing requirements that are In
addiUon to those specified In these rules.
History: New 06-30-93 Amended 06-30-94, 06-30-95, 09-30-97
10.610 DEFINITIONS
(1) As used In these Rules, the term:
(a) "Local governmental entIty" means a county agency, municIpality, or special district or any
other entity (other than a dIstrict school board or community college), however styled, that
Independently exercises any type of governmental function.
(b) -Nonprofit organization- means any organization which meets the definiUon of a not-for.
profit organization provided in Financial Accounting Standards Board Statement 116,
Appendix D.
(c) "For-profit organization" means any organIzation which is not a governmental entity or a
nonprofit organization.
General Aulhorlly and Law Implemented. Section 11.45. Florida Stalulas, and SecUoo 216.349, Florida Stalulas.
History: New 05-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97
DEP Contract No.SP481, Attac:hment C, Page 3 of 5
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'10.620 AUDIT REQUIREMENTS
(1) When an audit Is required pursuant to Section 216.349, FlorIda Statutes, the audIt shall be an
. examination conducted In accordance with attestation. standards promulgated by the
. American Institute of Certified Public Accountants. Grantor Stale agencies may also Impose
additional requirements.
(2) The report produced In compliance with Section 216.349, Florida Statutes, shall contain a
. schedule of State financial asslsfance which meets the requirements of the granting
ageney(s) and a written report which includes an opinion on management's assertion about
the entity's compliance wIth grant requirements. Additionally, the report should refer to the
schedule of State financial assistance and should Indicate whether, In the auditor' s opinion,
the applicable management assertions are fairly stated In all material respects.
General Authority and Law Implemented. Section 11.45, Rorida Statutes, and Secllon 216.349, Florida Statutes.
H\stofy: New 06-30-92 Amended 06-30-93, 06-30-94, 06-30-95, 09-30-97
10.630 EFFECTIVE DATE
, These Rules, as amended, shall take effect Seplember 3D, 1997, and are applicable to audits for
fiscal Y,ears ending September 3D, 1997, and thereafter.
General Authority and Law Implemented - Section 11.45, AorIda Statutes, and Section 216.349, Florida Statutes.
'History: New Oe.30-92 Amended 06-30-93, 06-30..94,06-30-95,09-30-00,09-30..97.
Renumbered 09-30-97 (formerly 10.640) .
DEP Contract No.SP481. Attachment C, Page" of 5
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APPENDIX
EXCERPT FROM FLORIDA STATUTES, 1997
,.
216.349 FinancIal review of grants and aids appropriations; audit or attestation statement.-
(1) Before disbursing any funds from a grants and aids appropriation pursuant to a grant or
contract, the state agency, or the judIcial branch, authorized by the appropriations act to
administer the funds and the Comptroller must Independently ensure that the proposed
expenditure Is In accordance with aUlagal and regulatory requirements and find that the terms
of the grant or contract specifically prohibits the use of funds for the purpose of lobbying the
Legislature, the judicial branch, or a state agency.
. (2) Any local governmental entity, nonprofit organization, or for-profit organization that Is awarded
funds from a grants and aids appropriation by a state agency shall:
(a) If the amounts received exceed $100,000, have an audit performed In accordance with
the rules of the Auditor General promulgated pursuant to s. 11.45;
(b) If the amounts received exceed $25,000 but do not exceed $100,000, have an audit
performed In accordance with the rules of the Auditor General promulgated pursuant to s.
11.45 or have a stalement prepared by an Independent certified public accountant which
attests that the receiving entity or organization has complied with the provisions of the
grant; or
(c) If the amounts received do not exceed $25,000, have the head of the entity or
organization attest, under penalties of perjury, that the entity or organization has complied
with the piovlslons of the grant.
All audits performed or attestation statements prepared under this subsection shall be filed with
the gr;;inting agency and with the Audllor General.
HIstory. - s. 29, ch. 91-109; 8. 78, ch. 92.142.
Note: The above excerpt from the Florida Statutes If: based on Section 216.349, Florida Statutes
(1996 Supplement), which was not amended during the 1997 legislative session. The codified
1997 Florida Statutes were not available at the time theses Rules were updated.
DEP Contract No.SN81, Attachment C, Page 5 of 5
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Item It:
Clearwater City Commission
Agenda Cover Memorandum
fW5
Meeting Dale:
SLJBJECT/RECOMMENDA liON:
Approve the following Stormwater Utility projects for inclusion in the Capital Improvement Program budget for
fiscal years 1998/1999 and 1999/2000
[J and that the appropriate officials be authorized to execute same.
BACKGROUND:
· These projects were included in the analysis used to determine, in part, the revenue required to be provided for the
Stormwater Utility Fund as calculated in the Utility Rate Study. Ordinance No. 6309-98 amending Stormwater Utility
Rates based upon the Utility Rate Study was approved by the Commission on August 6, 1996.
· The projects, located in watershed basins Coastal Zones 1, 2 and 3 and Allen's, Alligator and Stevenson Creeks, and
primarily anticipated to resolve out-of~bank flooding, street flooding and major erosion problems, are:
Flushing AvenueJGlenmore C1.
Pierce St. Downtown IT own Pond)
1264 Burma; Moreland and Summerlin
Stormpipe System Improvements
Stevenson Creek Watershed Plan
Fairwood Avenue Bridge
Saturn Avenue/Sherwood St.
NPDES
Coachman Road
Enterprise Road Crossing of Channel B
Cooper's Point
Arcturas Pond to Gulf to Bay(Allen's Creek Gabion)
Cliff Stevens Park
North Greenwood Stormwater Retrofit
Stevenson Creek Dredge (Estuary Restoration)
. The estimated cost in the Util ity Rate Study for these projects for Fiscal Years 1998/1999 and 1999/2000 is
$10,000,000;
. Funding to be provided from Stormwater Revenues and the issuance of Stormwater Utility Revenue Bonds. (as
outlined in the fiscal year 1999 Capital Improvement Plan and the recently approved utility rate study.)
Reviewed by:
Laval
Budget
Flnllnc~
Risk Mgml.
IS
ACM
Orfglnntlng Deps" ent:
PublIc Work. dm I.trlltlon
Costs:
$
Commission Action:
o Approved
o Approved w/Condltlons
o Denied
o Continued to:
Total
$
Current fiscal Y~ldr
Funding Source:
o C1pll..lI Improvemenh $
o Operallna:
o Olher:
Attachments:
ProJed listIng
oeM
Advcrtlaed:
Date:
Submitted by:
Paper:
o Not RequIred
Affocted Partlos:
Appropriation Code
375.;uxu-xxxxxx-xxx-xu
315-xxxxx-uxxu.xn.Xl(l(
o None
City Monag.,
, Q PrInted on-recyCle'il"paper
otlfl.d
o Not RequIred
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City of Clearwater
Stormwater Utility System
CAPITAL IMPROVEMENTS PROGRAM
Project Name & Description
. Flushing Avenue & Glenmore Ct. Project
Upgrade existing storm system to eliminate flooding in 4 houses in the Morningside Subdivision
.
Pierce Street Downtown Project (Town Pond)
'~ ..
Enlarge existing retention facility to resolve flooding for 8 individual property owners, improve
water quality and enhance downtown aesthetics
.
1264 Burma @ Mooreland and Summerlin Project
Upgrade existing storm system and construct a retention pond to resolve major street flooding
. Storm Pipe System Improvements
, Replacing deteriorated stonn pipe systems with modern more durable products
. Stevenson Creek Watershed Plan
Only major drainage basin in City which does not have a comprehensive plan to improve stonn
water drainage system and water quality treatment
. Fairwood Avenue Bridge Project
Recommended as part of Alligator Creek watershed Management Plan to improve stonnwater
conveyance and solve street flooding
. Saturn Avenue and Sherwood Street Project
Install new pipe system to alleviate house and street flooding
. NPDES Program
Changes to operation & maintenance practices and reporting requirements mandated as part of
Federal legislation
. Coachman Road Project
Repair and upgrade retention facility to comply with pennit requirements
. Enterprise Road Crossing Channel "B" Project
Replace failing and undersized culverts under roadway
.
Coopers Point Restoration Project
1.".,,,,, ,..' ,... ""'l!!:.!,."~..,,.".~..,._..
'....." " ,,F,,~' Ii or-. ,
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'.... '1 "
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"..,.1.. .
~
Completion of a habitat restoration and improvement project funded through an interlocal
. agreement with Pinellas County and the Southwest Florida Water Management District
.
Arcturas Pond to Gulf to Bay Blvd. Project
Significant erosion along open drainage channel which has migrated outside of City easement
lines and is threatening to damage private property
. Cliff Stevens Park Project
Existing retention nnd park facility on Alligator Creek which needs to be dredged to restore
facility to its original design perfonnance
. North Greenwood Stormwatcr Retrofit Project
Construction of several in~1ine sediment and debris trap systems to prevent excessive organic
materials from being delivered to the Stevenson Creek Estuary; project is also part of a
multifaceted effort to address significant citizen concerns regarding the health of the estuary and
its use
. . Stevenson Creek Dredging Project (Estuary Restoration)
. Environmental restoration project targeting the removal of excess organic debris which lias
accumulated in the estuary due to significant channel modifications and intense development of the
upstream portions of the watershed
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Prepared by & return to:
Earl Barrett
Real Estate Services Mgr.
City of Clearwater
Post Office Box 4748
Clearwater, Fl. 34618-4748
E A S E MEN T
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand
paid to it, the receipt of which is hereby acknowledged, and the benefits to
be derived therefrom,
THE GRAND RESERVE AT PARK PLACE LIMITED PARTNERSHIP,
a Delaware Limited Partnership, its successors and assigns
C/O DEL AMERICAN PROPERTIES
1101 NORTH LAKE DESTINY DRIVE
MAITLAND, FLORIDA 32751
I
'".
(herein "GRANTOR") does hereby grant and convey to the CITY OF CLEARWATER,
FLORIDA (the "Authority"), an easement {the "Easement"} over, under and
across the following described land, lying and being situate in the County of
Pinellas, State of Florida, to-wit:
I
I.
A strip of land lying within Lot 2, STORZ OPHTHALMICS, INC.
PARK PLACE (EXHIBIT "Au, pages 1 & 2), and a strip of land
lying within Lot 3, STORZ OPHTRALMICS, INC. PARK PLACE
(EXHIBIT "B", pages 1 through 4), as recorded in Plat Book
109, Pages 10 and 11 of the Public Records of Pinellas
County, Florida (the "Land").
This easement being for water main installation and maintenance,
including all r~quired hydrants and meters (the "LineN).
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the
above described premises and to construct, install and maintain thereon the
Line, and to inspect and alter the Line from time to time.
During or immediately after any installation, construction, maintenance,
inspection, repair, operation, replacement, or removal of the Line pursuant
to this Easement, the Authority shall take all reasonable measures to repair
and restore the improvements, including permitted driveways, walkways,
landscaping, fences and lighting equipment, to the condition in which they
were immediately prior to such operations.
dp
Page 2 Water Main Easement within
Lots 2 & 3, STORZ OPTHALMICS,
INC., PARK PLACE SUBDIVISION
Grantor: The Grand Reserve at Park
Place Limited Partnership
Grantee: City of Clearwater, Florida
Subject to the foregoing prOV~S1ons, Grantor reserves and excepts here
from all oil, gas and other minerals, in, on, under, or that may be produced
from the Land.
The Easement shall be perpetual unless all of the Lines cease to be used
by the Authority for a continuous period of two (2) years whereupon all
rights of the Authori ty, its successors and assigns hereunder, shall be
deemed to have automatically "ceased and terminated, and all title and
interest in the Authority to the Easement and the Land affected thereby shall
revert to Grantor, Grantor's successors and assigns. In the event of
termination of the Easement provided hereinabove, the Authority, on request,
shall furnish to Grantor a release of the Easement in recordable form.
The rights herein granted to the Authority are not public and are not
exclusive, and Grantor shall have the right from time to time to grant other
easements or licenses to other parties for such purposes and at such place or
places as Grantor may at such time or times deem proper, subject to the
limitation that such additional easement or license holders shall not
interfere with the Authority's right to use and enjoy the Easement for the
purposes herein specifically stated.
The authority agrees to indemnify, defend and hold harmless grantor and
its affiliates and their respective directors, officers, partners, employees,
agents and representatives from and against any and all damages, losses,
liabilities, obligations, costs and expenses, and any and all claims, demands
or suits (by any person or entity) (including without limitation the costs
and expenses of any and all actions, suits, proceedings, demands,
assessments, judgments, settlements and compromises relating thereto
including reasonable attorney's fees and expenses in connection therewith) in
any manner relating to or arising out of this agreement or the easement,
other than litigation commenced by the authority against grantor which (a)
seeks enforcement of any of the authority's rights hereunder and (b) is
determined adversely to grantor with respect to each of the rights of which
enforcement is sought; except, however, that the total obligations of the
authority under this provision shall be subject to the limits and
restrictions of the Florida Sovereign Immunity Statute, F. S. 768.28.
. 1Lh:.....~
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Page 3 - Water Main Easement within
Lots 2 & 3, STORZ OPTHALMICS,
INC., PARK PLACE SUBDIVISION
Grantor: The Grand Reserve at Park
Place Limited Partnership
Grantee: City of Clearwater, Florida
IN WITNESS WHEREOF, the GRANTOR has caused these presents to be duly
'executed by its proper officers thereunto<:,"",authori zed and its seal to be
hereunto affixed, this + T"// day of ~p7d='~~ , 1998.
Signed, sealed and deliv~red
in the presence of:
THE GRAND RESERVE AT PARK PLACE
LIMITED PARTNERSHIP, a Delaware
Limited Partnership
WI
By: GRPP, INC.,
a Florida Corporation,
i sole Gener 1 rt r
i.
(1 .<S r\\..
Witnoss' Printed ignatur
Ii!Jl. 1 1.-id . .
W1TNEJ/r/fl
J~$ A.. . (;4.' .5 E
Witness' Printed Signature
By
(SEAL)
STATE OF FLORIDA
:ss
COUNTY OF ORANGE
~ The foregoing instrument was acknowledged before me this ~r;Vday
of (]2ff.,o ;rcH&il5f'Z. , 1998 by Christopher DelGuidice as President of
GRP~, tNC., a Florida Corporation, the sole General Partner of THE GRAND
RESERVE AT PARK PLACE LIMITED PARTNERSHIP, a Delaware Limited Partnership, on
behalf of t partnership, for the uses and purposes described herein.
DcmIJd L. Kalb
CO!IMISSlON , CC60\ 193 EXPIRES
Nove. 24. 2000
IONOOlllRl TPlI't rAltlltlSUlWiCt, IN::.
[Xl Personally Known
[ ] Produced Identification
Type of Identification produced
"_~~"':'I''''.'Io.~'.. ....,..Jo...IoJ,",c................ ... J ~. ~ jjI........~,......I.:.. ~.:. 10 "'c ~ c......... ~.....; _.... . ...,1 .. .. .,10. . "..
. . 10 ~ ~... ... .." ....... .....
. ,.... ... ...... ........ ..._....""'. 't4 iI~.,.. ...,. .,.. ..11 >.
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Prepared by and return
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl. 34618
to:
CONSENT TO EASEMENT AND
SUBORDINATION OF INTEREST
THE UNDERSIGNED, owner of a lien on or secured interest in the
following described premises:
A strip of land lying wi thin Lot 2 t STORZ OPHTHALMICS, INC. PARK PLACE
(EXHIBIT "Art, pages 1 & 2), and a strip of land lying wi thin Lot 3 t
STORZ OPHTHALMICS, INC. PARK PLACE (EXHIBIT "B", pages 1 through 4),
as recorded in Plat Book 109, Pages 10 & 11 of the PUblic Records of
pinellas county, Florida
as evidenced by a Mortgage and Security Agreement dated March 7, 1997 given in
favor of Southtrust Bank of Alabama, National Association by The Grand Reserve at
Park Place, a Delaware Limited Partnership, as recorded among the Public Records
of Pinellas County, Florida in C.R. Book 9635, Pages 1204 through 1225, hereby
consents to and joins in the granting of those certain water main easements to be
given by said mortgagor to the CITY OF .CLEARWATER, FLORIDA, a Florida Municipal
Corporation, and hereby further subordinates said mortgage interest and all of
the right, title, interest and claim thereunto accruing in said premises to said
easement grants, together with facilities described therein.
IN WITNESS WHEREOF, the undersigned has caused these presents to be
signed this 20th day of October , 1998.
Signed, sealed and delivered in
SOUTHTRUS'I' BANK~
LYONAL ASSOCIATION
~ /'-( /?
Type/print name Tini'l M_ Pri nee
Ti tle Vice President
Witness Signature
Print nam~ ~('\ ~OJt- (seal)
STATE OF J:o~LORIDA
COUNTY OF D< o.JrC~p_
~ The foregoi~strument wa~acknowledged before
,1998, by '\\"D.... YY\. tl\~ ' as .:Jt.
o Southtrust Bank, National Association, as duly aut orize by an on
beh. of S.i~g institution for the use .nd purposes .SR::::::::: herein.
Notary Pu NoWy Pub/1c, State 01 florida
P rin t name My comm. flxpm July 13. 2001
/':. No. CC663\09
[V] Personally Known SondtdlhtuAshlonAQency, Inc.
[ ] Produced Identification
Type of Identification Produced
:88
, . " .
~~~-.+~. .... ....... .-~<10... ~:.....__.____....- ~... _. ..~ .~ ......__ ....- --- .......
--.
:;)6
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
COUNTY OF ORANGE
ss
BEFORE ME, the undersigned authority, personally appeared
Christopher DelGuidice as President of GRPP, INC., a Florida corporation (the
\'Corporation"), sole General Partner of THE GRAND') RESERVE AT PARK PLACE
LIMITED PARTNERSHIP, a Delaware Limited Partnership, whom, being first duly
sworn, does depose and say in his capacity as an officer of the Corporation,
and not individually:
1. That to his knowledge said limited partnership is the owner of legal
and equitable title to the following described property in Pinellas County,
Florida, to wit:
A strip of land lying within Lot 2, STORZ OPHTHALMICS, INC. PARK
PLACE (EXHIBIT "AU, ~ages 1 & 2),and a strip of land lying within
Lot 3, STORZ OPHTHALMICS, INC. PARK PLACE (EXHIBIT "Bu, pages 1
through 4), as recorded in Plat Book 109, Pages 10 and 11 of the
Public Records of Pinellas County, Florida.
2. That to his knowledge said property is now in the possession of,the
record owner.
3. That to his knowledge there has been no labor performed or materials
furnished on said property for which there are unpaid bills for labor or
materials against said property other than those bills which are to'be paid
in the ordinary course of business, except: (if none, insert "NONEN)
If/o ,y'E
4. That to his knowledge there are no liens or encumbrances of any
nature affecting the title of the property hereinabove described than those
that have been recorded in the Pinellas County Real property records,
including, but not limited to:
That certain Mortgage and Security Agreement dated March 7, 1997 given
in favor of Southtrust Bank of Alabama, N. A. as recorded in Official
Records Book 9635, Pages 1204 - 1225 of the Public Records of Pinellas
County, Florida.
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U.IS IS WU A SURVEY . /
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SCALE: ,. · 100'
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l60
l50
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PQ(NT Of' BEGlNHIHG""'~, 1'.. ..
.,; '.........
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SOUTH CORNER '\ /
OF LOT 2 OF STORZ \~
oPHTHAlJ,CICS, INC. \t?dl: I BOUNDARY LINE or LOT 2 OF STORZ
PARK PLACE ~. / OPHlliAUlICS. INC. PARK PLACE
(PLAT BOOK 109, V {PLAT BOOK 109, PAGE 10 TO 11)
PAGE 10 TO 11) 1
CCUUENCOIENT POtNT "
,
SURVEVOR'S NOm.
t. this shteh cnd 111101 wel prepared wUhout lh. ben.m 01 0 title policy and II subjact loony
and all rec:ordlld end or unrecorded eosernents, '''jlhks-of-way. restrlcttons. ele..
2. There may be additional oatomant. and/or rntrletlans offecl/no this property that moy be
fOIJnd 1n the Public Recorda of thl. County.
3. The sketch sho..n hereon " for Informational purposn only ond is nol lnlenced to depict 0
aurvey perlormed In lhe field.
4. Bearings shown hereon ore bosed on a assumed datum, more ,peclncolly lhe most Southwesl
Uno or Lot 2 or Storz Ophthalmic., Inc.. Pork Ploce as recorded In Plot 800k 109, POlles 10
ond 11 of the Publ1c Record. of Pinello. Counly, F1ortda. beln9 N3013'S9.W.
5. Geometry shown hereon was token (rom ..oter line os-buill os shawn on the os-buRl plans
prepored by KEA.
GRAND RESER~ AT PARK PLACE
SKETCH & LEGAL DESCRIPnON OF 10' StRIP IN lOT 2 STORZ OPHlHAtMrCS
~ lIlIral ~ PUIlCI
'..'00. U.A,. MJ.. .:sUJ
..... llWIZi 1IIIbIf I6lU
1180-001-000.0426 17 29 soom 16 [AST
g;'NO ENGINEERINO ASSOCIA TES, INC.
. EHClN[tRS . P~[RS fiURVCYORS
SO[IH1STS tAADSCAPE AAOilltClS
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EXHIBiT uAu
THIS IS tfiU A SURVEY (Page 2 of 2)
LINE DIR[CTION DI5TANC[ LINE: OIRECllON DISTANCE LINE DIRECTION alSTANCE
l1 N 30'08 00 E \0.00 L25 5~\'10 52"W 2~.25 L49 S""10509"W 24.10'
l2 N20'250'OO"[ 68.86' l26 560"O'U"[ 70.37 LSO 520'40' 36"W 16.08
lJ N69'54'35"W 3'1,76 L27 56".', 55 [ 36.28 L51 520'<40 36 W 115.'16
l4 N20'0525 [ 10.00 L28 N4"2617 [ 20.88' l52 N59'0530"W 21,'"
lS S69'M 3S [ 36,22 L29 5~8'33 4J"[ 10.00 L53 NJO'1359"W 20.72
l6 N2B'2500 E: <40.30' L30 5~1'26'17"W 18.26' L54 559'05'30"[ 28.91
l1 N5S'S-1';WW 22,25' l31 563'11 55 E: '2.61 l55 N20'<4a 36 [ 152.69
LO N31'02 29 E 10.00 L32 N26'51 02 [ 66.-4-4' L57 N62'56 01 W 4\.51
19 558"57'31 ( 31,80 L33 583'45 59 [ 15,96 L58 N27'03 58 [ 10.00
110 528"2500 W 16.17 L34 530'01 :>0 W 10.93' L59 562'56'02"E '11.82
L11 561"5451"E 43.57' L35 N83'~5'59"W 4.63' L60 N2I3'4836"( 17.85
112 528'0509 W 10.00 LJ6 526'5102"W 69,51 L61 N51'22'16"W 60.24
113 N61'54'Sol"W "3.63 l37 N63."SS"W 11,75 L62 N,38'37 "<4"r 10.00
114 52B"25'OO"W 36.73 UB 52719 24.W 62,33 L63 551'2216 [ 60.94
U5 55S'47'.}8 E 50.98 L39 N62'40 36 W 10.00' l64 N41'10 59 E 8.63
U6 533"222"W 10.00 L40 N27'1924"[ 62.2" L65 N15'20 39.W 116.68
Ll1 H56'4738 W 50.14 L41 NG3'" 55 W 47,71 L6G N,31'43 56 [ 40.~6
U8 528'2500 W 56,72 L42 N60'lS'44"W 72.07 L67 552'52 30 E 2".96'
U9 N39'02 27 E 49.95 L43 534'31 S4.W 37.21' l68 5.37'07 JO.W 10.00
l20 5S0'57'3J"[ 10.00 l4<4 NSS'2S'OS"W 10.00 L69 NS2'S2 30"W 23.50
L21 539'0227 W 50."" L4S N34'31 54 E 38.47 l70 528'4836 W 37.00
L22 S42'27'17~E 45.06 L46 N42'27 '7"W 50.51' l71 560'56 srE 15."3
l23 N411052"E 24,12 L47 63'"4356 W 35.86 l72 529"03 OJ"W 10.00
l204 54B'49 08 E 10.00 L48 515'2039 f. H7,70 l13 N60'S651 W 1[,.39
LEGAL DESCRIPnON~
A strip of land l)'ing within Lot 2, Storz Ophthalmic!, Inc, Pork Place O! recorded In Plot Bocll 109,
Page. 10 and 11 or the Public Records or Pinellos County, in Seclion 17, Township 29 South, Range
16 Eost. Clearwater, Pinellas County, F'lorldo, and being more particularly described os follows:
Commenl;c at the South corner of said lot 2: thence along Ihe southerly line of said Lot 2,
N30'3'S9-W. for 210,81 feet to the POINT OF BECfNNJNG; thence coolinue along the southerly line of
! sold lot 2. NJ013'S9-W, for 20,72 feet; thence leovlng sold line, 559'05'30"[, for 26.91 feel: thence
N 28'4 S'J(j-E. for 152,69 feeti lhence N62'S6'02"W, for 41.51 feel: thence N27"OJ'56"E, for \0,00 feel:
! IhcI"Il;e 562"56'02-[. for 41.82 feel, thence N28'4B'36-E, for 17.aS reet: lhence NS1'22'16"W, for
I 60.24 feet: thence N3a'37'44-E, tor 10.00 feeti thence 551'22'16~[. tor 60.94 feet: lhence
! N41'10'S9W(, tor B.63 feel: lhence N1S'20'J9.W, for 1I6.S8 feel: Ihence NJ1'U'SS-E, for 40,46 feel:
, thence NSO'47'02wW, for 158.39 teet to lhe West lie of sold Lot 2, os being the Eoslerly
rlght-Ot-way line of Pork Place Boulevardi Ihence along the West line of said lot 2 or Easlerly
1 right-of-woy line of Pork Place Boulevard, N30'OS'OO"[, for 10.00 feet; thence leaving said line,
I SSO'''7'02''[, (or 159,04 feet: thence N2B'25'OO"E, for 68.06 reel; thence N69'S4'35.W, for 34.76 feet;
thence N20'OS'2S.f, for 10.00 feel; Ihence 569'54'35"E, for 36.22 feel: thence N26'25'OO-E, for 40.30
~ feet; thence N58'57'Jl.W. for 22.25 feet: lhence N31'02'29-E, for 10.00 feet; thence 558'57'31"E, for
131,80 feet: thence 52B'25'00"W, for 16.17 leel; lhence 561'54'51"E, for "3.57 feel: Ihence S26'OSo'Og"W,
fOf" 10.00 feet: lhence N61'54'51 "w, for ~3.63 leel: lhence 52B'25'OO"W, for 36.73 feet, thence
556'47'38"[, for 50.98 feel: thence 5J31Z'22"W, lor 10.00 feel; thente N56'47'30"W. for 50.14 feet,
l thence S2B'25'oo.W, for 56,72 feet; then'ce 553'15''''"[, for 231.90 leet: thence N39'02'27"E. lor 49.95
feet; thence S50'57'33~E, for 10.00 leet: thence 539'02'27"W. for SO.44 feet, thence S<l2'27'11"E, lor
I 45.06 feel; thence N41'10'52"E, for 2".12 feet: thence 548'49'08"E, for 10.00 reet: lhence S41'10'52"W.
; tor ~il,25 leol: lhence 560'18''''''''[' .lor 70.37 101l1: lhonco S6.3'11'55-r, lor 35,78 Icol: lhence
, N41'26'''-E, tor 20.B8 leel; lhence 548'33'43"E, lor 10.00 leel, thonce 541'26'1/"W, lor '1l.26 lecl:
thCtlce 563'1'55"E, lor 12,61 leet: thence N26'S1'02"E, for 66.44 feet: lhence S83'4S'59~[, for 15.96
feet to the Southerly fine of said Lot 2, thence along said Southerly line 01 Lot 2, 5JO'OI'50"W, tor
I 10"93 feet; thence leoving sold Southerly line of Lol 2, N83'''5'S9"W, for 4.63 leeli Ihence 526'S1'02"W,
for 69,51 feel: thence N63'11'55~W, for 11.75 feel: lhence S27'19'2".W, for 62,33 feet: lhellce
N62'40'36-W, fCH' 10.00 feet: lhenl;e N2719'2,,"E, lor 62.24 feet, thence N63'11'55"W, for 047.7' feel:
lhence N60'18'4~"W. lor 72,07 reeli Ihence S3"'31'5".W, for 37.21 feet: thence N55'2B'OS"W, for 10.00
feet; thence NJ.4'J1'5,,"E, fOf J8.47 tee I: Ihence N"2'27')1~W. for 50.5' 'eel; fhence NS31S'41"W,
'1 lor 23~, 75 feet: thl!nce S31'43'5S"W, for 35.86 feel: thence 5'5'20'39"E, for 117.70 leel, thenCe
S41"O'59-W, 'eM' 2~.10 feet; thence S28"48'36"W. lor 16.0B feet: thence 552'52'30~E, for 24.96 feel,
thence S311>1'JOwW, for 10.00 feet; lhence N52'52'30"W, for 23.50 feet: thence 528'4B' JS-W, fQl'
37,00 feel: lhence 560'56'57-E, for 15.43 feet: thence 529'03'03"W, lor 10.00 feel: thence
N60'S6'57-W, '1)1' 15.39 feet: thence S26'''B'36~W, lor 115.46 feet: lhence N59'05'30-W, lor 21.14 feel
to 'he POINT or BEGINNING,
GRAND RESERVE AT PARK PLACE
SKETCH &. LEGAL DESCRIPTION Of 10' STRIP IN LOT 2 STORZ OPHTHALMICS
.
IGIlI.L 1~20/96 J:IIIAI!j tALat.I CIltlJ,[l;!
- I.AJI. l.4JL ~ KJN(J ENGINat/lNC ASSOO'A,..,. _ ~
....... xm:Il ~ BNllit ENGINEERS' PlANNERS' SURvtYORS
1180-001-000.426 17 29 SOUTH 16 EAS1 SO[NnS1S 'lANDSCAPE ARCHIltCTS
C",,...,I ") .., ."
de;;
ll;"S ,s ttQI A SUR~Y
OR[WSUn:[l (cs. ,oa,Xj
tot.IIoItHCOltHT Po(Hf~ - -LO~:S -S-;~; - ~
NCRTltW(st tMHtIt - 'I '
or lot 3 or 510Rl I OPHll-lAlU1CS, INC. I I
OPliflfAlUrcs. 1He. ... PARI( PLACE .. I
PARK PLACE '" (PLAT BOOt< 109, /"1
(PlAt 0001( 109. I: PACE '0 TO 1\)
PAC( 10 TO 11) ~ ~
: ~6 ~
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,. .. 150'
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N!l9,~.0&"t
SB9'~'06'W
f8.,04'
EXHIBIT "B"
(Page 1 of 4)
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3/19/911 Rt~stO Sl((1~ .. LEGAl
GRAND RESERVE AT PARK PLACE
SKETCH & LEGAL DESCRIPTION Of 10' STRIP IN lOT 3, STORZ OPHlHAlMJCS
a.MI. ~ w:a "-L.a:II ~
1....'50' 12/31/97 1,tJ. UJl,
.a...IIIo ~ ~ ~
fi "lID' OO'-OOOA?'G 17 :l9 SOIJlII 16 r.^Sl
I jgKINO ENGINEERING ASSOCIA JES, INO,
I' [II01/ttR5 .PlANNCRS "iUR\t'rORS
SO[H1I515 UkDSCAPt AAOtU[ClS
, htrlfl,w '" "', '~G' rhr, '~~G' .u"".... ."" ,1",.
",n" 'h. mlnlm~m h,hiul ,!In'a,'. Q ~., 'orth
h ,... rforido tlDl.d of I'rof,u'ooool SIIr.'rllfl ...4
III1PP'" in C.opltf 6/GI7.' rloo~ "......'1Ioli..
Cad.. p....'uDtlI III SuHOIl 472.0ill. rlofidt ~1.MtI
5~~1,~ ""d 1.~'J<ll Dc,r.,lnfian ..., .~ .~1o.oII1 "'"
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tERl...: TO SKETCH 1(1 Gll O(SCAi?TM)fI
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~HIS IS WU A SURVEY EXHIBIT uBu
(Page 2 of 4)
LINE DIRECTION DISTANCE LINE DIRECTION DISTANCE liNt" DIRECTION DIS T ANeE
L1 N89'~3 33 E '~~ LJ2 5H'Ql H E 28.46 l63 528'~2'53"W 10.00
t2 500'06 27 [ 25.07 LJJ N1S'SB'4J"E 5.16 l64 561'070i"[ 8. :>6'
l3 504'5452 ( . 28.19 l34 NOO'09 3J W 44.:>1 l65 528'58'40 W 99.73'
l4 585'05 08 W 10.00' L35 N89'41 07 W 2J.95 L66 553',)1 Jf"w 61.27
lS N04'54 52"W 28.92' U6 NOO'09 JJ"W 10.00 l67 526'5444 W 15.51
l6 589'15'06 W 26. II LJ7 589'41'07"E 2.195 l68 N57'l i'49-'W 95.05T
L7 N79'4901 ( 45.27 US NBS'2942"W 7.45 l69 568'34 1's.W 5.27
l8 N06'JB 27"W 50.83' LJ9 NOO'09 J3 W 10.02 L70 N50'l2'51"E 10.74
L9 N6S21 33 [ 10.00 l40 586'2942 E 7,45 L71 N39'4709 W 10.00
L10 506'38'27"( 50.71 L41 NOO'09 JJ W 39.66-'-- l72 550'1251 W 14.07
111 N8J'21 JJ"[ 38.J8 l42 N89'1506 ( 12.82-'- l7J N44'OJ 02 W 67.23
112 NOS"J8'27"W 39.59 L43 NOO'0627"W 25.19' L74 NH'OJot"W 19.64
l1J NBJ'21 33 ( 10.00 L44 N79'4901 E 45.65 L75 N45'56 58 E 46.93
U4 506"3827"[ 39.59 L45 502'17'Ja"W 11.11'- L76 N44'030i"w 10.00
U5 N83'21 33"( 32.04 L46 587'4222"( 10.00' L77 545'5658"W 46.93
LIS N19'4.) 01 ( 45.62 L47 N02' 7 J8"( 12.87' l78 N02'4'54"( 56.62
l17 551'4323"( 63.25 L46 NaS21 33 ( 54,36' L79 587'''506 [ 6.96
us 54417 26"( 77.26 L49 N79"43'OI"( 41,43' LBO N02'14'54-'( 10.00
U9 563'48 J2 ( 7.50 LSD 551'4323 [ 49,47 LBl NB7'4506 W 6.96
L20 526'11'2B"W 10.00 L51 536'17 16 W 10. Hr l83 N02'14'54 [ 72,t4
L21 N6J'-4832 W B.29' L52 553'42 4""( 10.00' LB" 5B6'2739-E 7,4B
L22 553'31 Jt"W 61,OB L53 N3617 16 ( 9.57' lB5 N0,3'3221 E 10.00
L2J 526'54 <C4"W lB.4$' L54 544'17 26"[ 73.76'- LB6 N86'273go-W 7,7~
l2" 5571749"( a5,83' l55 SBl'5747"W 10.56' LB7 N0214 54"[ <C3.3J
-L25 530'0800 W 10.01' L56 508'0213 [ 10.00' LaB 5!)J'272:l[ 11,22'
L26 N83'21 J3 ( 10.00' L57 N81'5147 [ 10,39 LB9 N37'4954"[ 10.00
L27 N06'J8 27 W 25.11 l5B N80'5306.W 23.93"- L9D N5S27 22 W 11.22
L28 N81'47'14"( 12.79' L59 509'06 54 W 10.0cr L91 N1S'58 U [ 53.39
129 Nr5'S84.rE 34.03' LSD 580'53'06"( 19.93' 192 N OO'09'J3-'-W 58.00
LJO NH'0117 W 26.46' L61 528'5B'40"W 66.62'
LJ1 N15'5643 E 10.00 L62 N61'0707 W 8.!)7
CURVE RADIUS LENGTH TANCENT CHORD BEARING DELTA
. C1 690.00 to.02 5.0t 10.02 S02'25 19 W 00'49 54
C2 556.0B 125.42 62.96 125.16 SOs." 7 J3 E 12"5237.
CJ 226.10 43.10' 21.62 "3.03' 520'29 26 W 10'55 19-"-
C4 650,19 190.04' 95.70 189.36 N 71'08'1 5-' W 16'444W
C5 358.13 165.86 95.07 183.79 NJ2'OO'10 ( 29'41 06"
C6 548.08 42.64' 21.33 42.63 509'SI'.30-( 04'2729--
i C7 548.0B 67.69 .33.99 67.64 SO.3'02' 07"E 07'05 49
C8 660.19 186.24' 93.74 IB5.62' N76'45'JO..... 16"094B"
C9 J46.73 119.40 60.29' 118.B2 N27'10 57"( 19'J70.c"
Cta 348.7J 52.71 26.41 52.66' N"2'5755 E 08'39 39"
Cl1 2\6.10 40.78 20.45 40.72 S20'4G 06"W 10'48' 46
~Rvr:YOR'S NOTE:
1. This skelch ond legal was prepared without the benefit or a title po'icy end is subject to eny
and 011 recorded and or unrecorded eesements, rights- 01- we)', restrictions, elc.,
2, There mey be additionel easements end/er restrictions offecting lhis properly lhal may be
found in lhe Public Records of lhls Counly.
K 3, The sketch shown hereon Is fer Informalfenal purposes only and is not intended to depict 0
survey performed In the field,
~ .., Bearings shewn hereen are based l;ln 0 assumed datum, more specifically the Wesl line of Lol
"(
! ~ ,} of Storz Ophthalmics, lnc" Pork Ploce os recorded in Plet Book 109, Pogu 10 and 11 of
lhe Publ1c Records of P[nellas Cc.unty, florida, being SOO'22'26"W.
j 5. Geometry derived flom AutoCad drewing file, 'NTRASALT.dwg "Weter cnd Sanllary Sewer
As-Bullis. prepared by lend prec[!Jlcn Corp,. doled 12/04/97, revlsed dole 2/5/96, signed
hord copy doted 12/05/97, 10' slrip ;5 crecled lying 5,00' on each side 01 waler main line os
shown on sold AutoCod drawing liIe.
3'191911 RE~S(D 9(El0i . LEGAl
GRANO RESERVE AT PARK PLACE
~ SKETCH &. LEGAL DESCRIPTION OF 10' STRIP IN LOT J, STORZ OPHTHALMICS
Ii
K.II.1 1~/Jl/97 w.:.. tw:tQ QlUllUl
- MJt. ),tJt. ~ lONG 0ICtNEEIIII/C .ssoa. ~ .wt: g
oUUII. :IUl:II 1\lJIl:QlIt BI.III1. [NC!N(ERS ,PtANN(MS . SURvt YOOs
1180-001-000.426 \7 29 SOUTH 16 EAST SOCNTlS1S . LANDSCAPE "RCHI1ECJS
Sheet .L of ..L
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EXHIBIT uB~
(page 3 of 4)
tECIll DESCRIPTlDN~
A strip of land lying within Lot J, Storl Ophlhalmics, Inc. Par~ Plete os recorded in Pial Book
109. Pages 10,and 11 o( lhe Public Records 01 Pinel/os Counly, in Seellon H, Township 29
South, Rang!! 16 Easl, Clearwater. Pinel1as Count)', florida, end be,"g more parlicularly
described os lalla.s:
Commence 01 Norlhwest corner 0' said Lot J; Ihence along Ihe West line 01 said Lal J.
SOO'22'28~W. for 2J6.59 feet; Ihence leaving said West line, SB9'J7'J2"t, fOl' 16".52 feet 10
the POINT OF BEGINNING A: thence NB9'SJ'JJ.r, for 10.00 fecI; It-cnce 500'O&'27.E, 'or 25.01
feel: thence N69'tS'06"E, for 207.81 feet to the point 01 intersection with 0 non-tongenl
curve concave to the Eosl; thenco Southerly along the orc of so;d curve wilh 0 radial bearing
587'09.....E. and having 0 radius of 690.00 leet, 0 cenhal' ongle 01 00'49'54., on ore length
nf 10.02 feet and 0 chord beoring S02'25"9.W, for 10.02 feet 10 Ihe point of intersection
with 0 non-tangent line; Ihence S89'1~'06"W, 'Of' 184,04 leet; thence 504'5-4'52"(. lor 2B.19
feet: thence S8S'OS'OS"W. for 10,00 feet: thence N04'5..'52.W, for 2S.92 leet: Ihence
S69'S'OG"W, for 26,11 feet; thence 5oo'09'J3"f:. f04" J5J.62 teel; Ihence N79'49'01"r, for
45.27 leel; thence NOS'3S'27-W, for 50.B3 feet; thence N83'21'33"E, for 10.00 feet: thence
S06'JB'27~t. lor 50,71 feet: thence N83'21'J3-C. far 3S.JS leet; thence N06'38'27"W, for
39.S9 feet; Ihence N83'21'J3"[, for 10.00 feet: thence 506'38'27.[. lor J9.59 feet; thence
N6J'21'J3.E. for 32.0" feet: thence N79'4J'Ol"E, for "5.62 feet; thence S51'U'23"E, for 63.25
feel: thence S...,.17'26"E. fOf 77.26 leel: Ihence 527'57'12"(, lor 212,17 leet to lhe point 01
ioh:rsection with a non-tongenl curve cClncave 10 the West: thence Southerly along the orc
of said curve with 0 radial bearing Sn'46'09-W, end having a radius 01 ~58.08 leel. 0 cenlro!
on91e 01 12'52'J7", on arc length of 125."2 leet and 0 chard bearing S05'47'JJ"E, lor 125.16
feet to thll point of intersecHon wilh a non- tangont curve concove 10 the West; thence
Southerly along the arc of sold curve with 0 radial bearing N74'58'14.W. and having Q radius
of 226.10 feet, 0 centrol angle of 10'55'19-, on ore lenglh of 43.10 feet and 0 chard bearing
S20'29'2S.W. lor ".1.03 feet 10 the point of Interseclian wilh 0 norl-tongent line; thence
563'48' J2.(, lor 7,50 leet; thence 526' 1'28"W. for 10.00 feet; thence N63'''8'32"W, lor 8.29
feet: thence 52B'5B'''0"W. for 180.S3 leel; thentll S53'J)'31"W, lor 61.08 feet; lhence
S26'~'44~W. for t8,-45 feel: thence 557'17'''9"E. for 85.83 feel; thence SJO'08'OO.W, for 10.01
fect: thence N5717'49-W. for T93.90 feet to the point or intersecllon with 0 non-Iongenl
curve concave. 10 the SOIJth; thence Westerly o!onlJ the arc 01 said curve with 0 rodial beoring
S2t.,.'09.W, ond hoving 0 radiu, of 650.19 feel, 0 centrol on9fe Dr T6'44'4S., on orc lenglh
of 190.0. leet and a ChOfd bearing N71'08"5-W. for '89.36 leet 10 the point of intersectloo
.ith 0 noo-tongent lim:: thence N....'OJ.02.W, fi)l' 112,'6 feel; thence N02'4'S."E, far 197,69
feet to Ihe poinl 0' inler.,ectlon with 0 non-tangent curve concaYll to the Southeast: thence
Northerly 010/19 the arc 01 said C\Irve with 0 radial beating 572'50'23"(, and having 0 rodlus
of 3S8,7J feet, 0 centrol angle of 29'''''06., on orc length 01 185.86 feet and 0 chord
bearing N32'OO"O.E. lor lBJ.79 feel to the point of inlersectlon wllh 0 non-tangent llne;
thence N15"58'''3"r, for 3".03 feet: Ihence N7"'OI'17~W, lor 28.40 'eet: Ihl!11ce N15'58'4J-E.
for 10.00 feet; thence 574'01'17-(, for 28."6 leel: thence N15"56'4J"E, for 5.'6 reet: thence
NOO'09'33"W, lor 4",5' feet: thence N89'4,'07.W, lor 23.95 feet: thence NOO'09'JJ"W, fOl'
10,00 fell I; thence S89,..,'07.E. for 23,95 leet; thence NOO'09'3J"W, for J26,07 leet: thence
N86'29'''2~W. for 7.45 feet: thence NOO'09'33"W, for 10.02 feel: thence S86'29'''2-E, II)( 7,"5
feet; thence NOO'09'JJ.W, lor 39.66 leel: thence N89')S'OG"E. fa' 12.82 lee I; thence
N 00'06' 27.W, for 25.19 lee I to the POINT OF BEGINNING A.
~
..
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}(
lCSS THE rOLlO\lolNG~
Commence 01 Northwest comer of ,aid lol J; Ihence along Ihe Wesl line of soid Lot :5.
SOO'22'28~W, for 635.59 leel: thence leoving said Wesl line, S89'J7'32"E, ror 165.39 feet to Ihe
POINT or BEGiNNING B; thence N79'49'OI.E, IOf' 45.65 teel; Ihe,.:;e S02')1'3B.W, for H,H leel:
thence S81'..2'22-E, lor 10.00 feel: Ihence N02'17'38~E, ror \2.8i feet; tnence N8J'2"J,J"E, lor
4,20 leel: thence 506'38'27"(. for 04:U B feet: thence N8J'21'JJoC lor 10.00 leel: Ihence
N06'JB'27.W, lor 25.\\ leet; thence Nal '04 7'1-4~(, lor 12.79 feet; thence NC6'J8'27"W, lor 19,72
feet; thence N8S21'33"E, for 5".J6 leel; thence N79'''J'0I~E, (0' 41.43 (eet; thence
S5J'4J'23~(, for 49.47 feel; thence S36'\7'16~W, lor 10.10 leel: tnence 5~3'''2'4-4.(. for 10.00
feel; thence NJS'1 "IS"E, for 9.57 feet: lhence 544'\7'26.t, lor 7:5.78 leel: thence 527'57" 2.(,
lor 209.95 feel to the poii'll 01 inlf:rsectlon ",Jlh 0 non- longenl curve concave 10 lhe Wesl;
lhence Southerly olong the Otc 01 said curve .Uh 0 rodial bearing S77'S"'''6.W, ond having a
,adius or 548.06 feet, 0 central angle 01 04'27'29", 00 arc 'englh 01 "2.5- leet ond 0 chord
bearln~ 509':)"30"E, lor "2.63 feel to the poinl of rnlersecllon .ilh 0 non-tangent line; thence
S8"S7 47~W, for 10.56 reel: lhence 50S'02'13"(. lor 10.00 feet; Ihence NBI'57'<I';'"E, lor 10.J9
feel to Ihe point of inlersecllon wit... a non-Iongent curve concave 10 the Wesl; thence
Southerly 01009 the orc 01 sold curve with 0 radiol bearing S8J'24'59.W, ond having a radiUS 01
I
3/19/98 RtVlSED Sl<CltH & lECAl
.
:IUo/J.
GRAND RESERVE AT PARK PLACE
SKETCH & LEGAL DESCRIPTION OF' 10' STRIP IN LOT 3,STORZ OPHTHALMICS
IIWL l&III ULIlll cw:xm
I 12/31/97 1,lJ. l.lJl ~t:uJ
~ ~ /Wtl:l
17 29 SOUTH 16 CAST
o'llIUa
1180-001 -000.426
KJf{G CN(;NEIRING ASS'OO'A TE'S. INC.~
(NClHWIS' Pl.AN~IlS 'SlJII~'I'ORS
SOCNIISIS'lANDSCAPE AIlCHHCClS
Sheet ~ of ~
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EXHIBIT "S"
(Page 4 of 4)
~~
~4B.OS feel, 0 centrol ongle of 07'O~'49", on arc lenglh of 67.89 leel and a chord bearing
S03'02'07"(, for 67.84 feel to Ihe poinl of intersection _lIh 0 non-Iangent curve concave 10
Ihe West: thence Southerly along the ore or sold curve _lIh 0 radiol bearing N74'JS'17"W, ond
having 0 radius of 216.10 reel, a cenlrol ongle of 10'48'''6", on arc lenglh of <10.78 feet lJnd 0
chord bearinQ S20'<l6'06"W, for 40.72 lee I to Ihe point a' inlersection '/'fith 0 non-tangent line:
thence N80'S3'06"W, fOl' 23,93 feet; thence S09'06'S4"W, lor 10.00 leel: Ihence s80'503'06"E,
lor 19.93 leel; Ihence S28'S8'40"W, for 66.62 feet: thence N61'07'07"W, lor 8.57 feet; lhence
S2S'S2'5SW, for 10.00 feel; Ihence 561'07'01"E, for 8.56 feel: thence S28'5S'''O"W, ror 99.73
feel: thence 55J'31'31"W, fOl' 61.27 feet: thence s26'S"'44"W, fOf 15.51 feel: tllence
SGS'J4'IS"W, for 5.27 feet; Ihence N57'17'49"W, for 95.05 feel 10 the pain I of intersectiOn wilh
a non-Iangent curve concave to Ihe soulh; thence Westerly along the arc 01 said curve with a
rodial bearing s21'19'2""W, ond having 0 rodius 01 660.19 feet, a centrol angle 01 16'09'4S", an
orc length of 186.2" feet and 0 chord bearing N76'4S'JO"W, lor lB5.52 leel to Ihe poinl 01
intersection wilh Q nan-tanQl!1lt tine; thence N50'12'51"E, for 10.74 leel; thence NJ9'47'09"W,
for 10.00 leel: thence 550'2'SI"W, for 14.07 feet; thence N44'03'02"W, lor 67,23 feel: thence
N45'S6'SS"E. for 46.93 feel; thence N44'OJ'02"W, for 10.00 leel; thence 545'55'58"W, for 46.93
feel: thence N44'03'02-W, for .19.64 feet: Ihence N02'14'S4"E. lor 56.62 feet: thence
SB7'4S'05"E. for 6.95 feet; thence N02'14'54"E, ro' 10.00 feel; Ihence N87'45'06"W. for 6.96
feet: thence NOZ'14'54"E, for 72,14 feet: thence S86'27'39"E. for 7.48 feci; Ihence NOJ',32'21"E.
for 10.00 leet: Ihence NB6'27'39"W. for 7.71 leel; thence N02'14'54"E, lor 43..U feet to the .
point of Intersection wilh 0 non-longent curve concave to Ihe Southeast: thence Northerly
crong the ore 01 soid curve with 0 rodlal bearing 572'37'45"E, and having 0 radius of 348.73
feel. Q central angle of 19'37'04", on arc length of 1 I 9.'10 feet and 0 chord bearing
N27'\O'57"E, for 118.82 feet to the point of tntersection wllh 0 non-.longent Ii"e; thence
553'27'22"(, fOf 11.22 feel; thence NJ7'49'S4"E, fOf 10.00 feel; thence N53'27'22"W. for '1.22
reet to the point of intersection wilh 0 non-tongent curve cancave to the Southeast: thence
Northeasterly along the arc 01 soid curve wllh 0 radial bearing 551'21'54"E, ond having Q rodius
af 346.73 reel. a central angle 01 08'39'39", on ore length of 52.71 feet and 0 chOl'd bearing
N42'57fS~I""(, for 52.66 feet to the polnl of Interscclion with a non-Iongent Hne: thence
N1S'S8'43"E, fOf 53.39 feel; thence NOO'09'3J"W, for 58.00 feel 10 Ihe POINT or BEGINNING e.
i
i
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J/IIl/IlIl R[...,sr;O SI<[TQi .. l[CAL
IW
WU
GRAND RESERVE AT PARK PLACE
SKETCH & LEGAL DESCRIPTION OF 10' STRIP IN LOT J,STORZ OPHTHAlMICS
IIIAll, ~
112/31/97 "'J\.
fLWIl
\7
QlUZtll
~
JllItlJltt 8Allll
29 SOU1H 16 CAST
KINe ENClNEERINC ASSOQ'A~ "'c.~
ENClN[[RS' PlAIlN[RS ' SURveyORS
$CI[NIIS15 'lAND5CAPE ARCIlI1ECTS
u.&.aJI
loIJL
......
1180-001-000.<126
Sheet .!- of ~
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~.. -.....-.-. .----.....
: ' Prepared by: Shannon Collins
tA ....... ~' . "\ 6200 Courtney Campbell Cnuseway, Suile 600
, VI t::' cI_ Tampa. FL 33607
Return to: Earl Barrett
City of Clearwater Engineering Department
P,O. Box 4748
Clearwater, FL 33758-4748
;;),7
EASEMENT
FOR AND IN CONSI DERATION of the sum of One Dollar ($1.00) cash in hand paid to them, the
receipt of which is hereby acknowledged, and the benefits to bc derived therefrom,
TWC Ninety-Four, Ltd., a Florida Limited Partnership
6200 Courtney Campbell Causeway, Suite 600
Tampa, Florida 33607
Does hercby grant and convey to the CITY OF CLEAR WATER, FLORI DA, an easemcnt over, under
and across thc following described land, lying and bcing situate in the County of Pincllas, State of
Florida, to.wit:
i'
A Ten (10') foot watcr main easemcnt lying 5' each side of all watcr mains up to and including all
hydrants and meters, but excluding any water mains that may lie under buildings or within fivc (5) feet of
buildings, AND an ingress and egress easement for refuse and garbage collections and City of Clearwater
service and utility vehicles, all lying within the following described tract:
DESCRJPTION: A parcel of land lying in the Southwest v.. of the Southeast 1/4 of Section 8, Township 29
South, Range 16 East, described as follows: From the Southwest comer of the Southeast v.. of Section 8,
Township 29 South, Range 16 East, Pinetlas County, Florida, run thence South 89041'13" East, 487.83 feet
along the South Boundary of the Southeast v.. of said Section 8; thence NOIth 01025'54"East, 50,01 feet to
the north right-of-way line ofOrew Street for a P01NT OF BEGINNING; thence continue North 01025'54"
East, 1239.21 feel along the East boundary of the West 487.74 feet of the Southwest v.. of the Southeast v.. of
said Section 8; thence South 89036'06"East, 1047,80 feet; thence South 24010'54" West, 524.90 feet; thence
South 00052'06" West, 757.44 Cectto the North right-of-way line of Drew Street; thence North 89041'13"
West, 852.25 feet along said Northerly right-of-way line to the POINT OF BEGINNING. Containing 25.201
acres, more or less,
I,
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above
described premises and to construct, install and maintain thereon any water lines and to inspect and alter
such water lines from time to time,
IN WITNESS WHEREOF, the party hereto has caused these presents to be duly' executed by its
p~er thereunto authorized and its seal to he hereunto affixed, this ?, \ ~ day of
, 1998,
Signed, sealed and delivered TWC Ninety-Four, Ltd., a Florida Limitcd Partnership
In the presence of: By: TWC Ninety-Four Partners. Ltd.. its General
Partner
By: TWC Ninety-Four, Inc,. its General Partner
~~l4 ~\JL.
Debra F. Koehler, Sr. Vice President
Witness
.~~
DCDCOOfORMSEASEMENT DOC
I
----Ll
.... ... ....,+ c . ...~\_ ~,...:.. i. .~. .:~
,
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. , .
, "
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.,:. ..< .
STATE OF FLORIDA
COUNTY OF HI LLSBOROUGH
~7
Before me, 'personally appeared Debra F, Koehler, Sr. Vice President and Secretary of TWC-
Ninety-Four, rnc., n Florida corporation, as sole general partner ofTWC Ninety-Four Partners. Ltd.. the
sole general partner ofTWC Ninety-Four, Ltd" a Florida general partnership, to me well known to be the
individual described in and who executed the foregoing instrument and acknowledged before me that she
executed the same on behalf of said corporation' and as an act of said partnerships for the purposes therein
expressed,
Witness my hand and official seal this
My Commission Expires: .
'I' .PAIAELA LV/IN 1101110',\
i 't.COMMICS10N j,' ec "19001.;
'Do fI EXPIHE'; NOV 1~.10'"'~ '
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""or f\)>' ATLANTIC BONDiNG CO" INC.
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2 day of -VV--rJ ' A.D., 1998..
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DCDCOOFORMSEASEMENT DOC
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Prepared by and return
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, Fl, 34618
to:
CONSENT TO EASEMENT AND
SUBORDINATION OF mTEREST
(Loan No, 12-5129419)
THE UNDERSIGNED. owner of 1.1 lien on or secured interest in the
following de5cribed premises:
A p&2:~1 of land lying in the Bouthwe.t "'t o~ the BoutheaDt '" of
Seotion e, TOWIUIhip 29 South, Rang. 16 bat, pin..ll.. County,
Flotida, and b.in.g mote particulu:ly daecribccl .. follows:
I'z'c:a th. Southwest corner of tha Southeaat .,. of Section 8, '1'own.hip
29 South, Ranca- 16 z..t, Pinalb,. County, Florida, run thence S,89.
41' 13"E" 487.83 f_t; along 'the South boundaxy ot the Bouth....t. "-
of .aiel Section 8; thence H,Ol.2S'S.....J:" 50.01 .feet to the NoZ'th
right-o!'-way line of D~ lu.et ~or: a POINT 01' BEGINNmG; t:banc.
continue N.Ole25' 54"1:., 1239,21 %'..t along t:he J:a.t bounc:tluy of the
We.t t87. 74 f_t ot the Southvc.t '" of the SOUt!leIl.t '" of .aid section
8; th.nce S,89.36'06"E,. 104',8D ~eet; thence S,24010'SIhW" 524.90
!'eet; thence S,OOoS2'06HW" 757,44 f_t: to the No:th rigbt.-o!'-vay line
or DteW st%eet; thence N, Sg.U' 13'~., 852,25 f-.et along llaiel No:thetly
riqht-of-way lilWl to the :POINT or BEGINNING.
Containing 25,201 acre_. more or 1...,
a~ evidenced by a Mortgage ~nd Security Agremment dated September 17, 1997 given
in favor of First Union National Bank, a national association, by me N1neey-
Four, Ltd,. a Florida Limited Partnership, as recorded among the Publi~ Records
of Pinellas County, Florida in O,R, Book 9844, Pages 2313 through 2380; and said
rnortgaqee hereby consents to and joins in the granting of that certain water main
easement and inQre~s and egress easemant for refuse and garbage collections to be
given by mortgagor to the CITY OF CLEARWATER, FLORIDA, II Florida Municipal
Corporation, and hereby further subordinates said mortgaQe interest and all of
the right, title, interest and claim thereunto accruing in said premise~ to said
easement grants, together with facilities described therein.
IJl ~3ITNESS WHE
signed this ~ day of
delivered in
undersigned has caused these presents to be
, 1998,
name
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DREW STREET
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CITY Of a..EARWA TER, flORIDA
PUBLIC WORKS ADMINISTRA nON
ENGINEERING
2900 DREW STREET 07~~G
SECT. 8 lWSP. 29 S RNG. 16 E __...
SCALE ," ... 300'
lHIS IS NOT A SURVEY \ (S' 1
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Clearwater City Commission
Agenda Cover Memorandum
Item II:
;;(~
Meeting Date:
11119/98
RECOMMEN DA liON/MOTION:
Pass on first reading Ordinance 6531-98 changing certain purchasing provisions,
00 and that the appropriate officials be authorized to execute same.
BACKGROUND:
· Purchasing (ocus groups were convened to provide user input concerning simplification of purchasing
procedures,
. The focus groups recommended changes to the Purchasing Ordinance that will streamline purchasing
procedures and still retain adequate controls, Approval of this ordinance will implement those
recommendations that can be changed through the purchasing ordinance process,
. Elimination of the $10 bidder registration fee will encourage more vendors to register with the City, The
$7,000 annual revenue loss will be partially offset by a decrease in reproduction, postage and staff time
required to re-enter vendor data each year,
. Raising the bid requirement from $500 to $1,000 will decrease the time and paperwork involved in
making small purchases, The State of Florida uses a $5,000 limit and 51. Petersburg uses a $2,500 limit.
. Services exempt from the bidding process under Florida Statute 287.057 have been added to the list of
exceptions to the bid process of the City of Clearwater.
. Recycled paper criteria has been deleted form the Code of Ordinances and will be moved to the
Purchasing Procedures Manual.
. Authorization for disposal of surplus/obsolete personal property with a current value of less than $500 is
delegated to the City Manager,
J Reviewed by:
1 legal . ~ Info SIVC
! Budget _~./. ~)ublic Works
: purchasi~~ DCWACM .
. Risk Mgmt NJA Other
N/A
NJA
Originating Depr: l
FINANC."C./PUR '-'1'Y\..o
User Dept,
Costs
Total
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CUrrent FY
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Funding Source:
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Other
AUachments
Ordinance 6531-98
Submitted by:
CUy Manager
Printed on recycled paper
o None
Appropriation Code:
Rev, 2/98
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ORDINANCE NO, 6531-98
;;(8
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO PURCHASING; AMENDING
SECTIONS 2.547, 2,564, AND 2.624, AND DELETING
SECTIONS 2.602 THROUGH 2,608; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Clearwater has agreed to amend and delete certain
sections of the Code of Ordinances relating to purchasing, as set forth in this Ordinance;
now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1, Section 2.547 of the Code of Ordinances is hereby amended to read as
follows:
Sec, 2,547. Vendors list,
The purchasing agent is authorized to maintain a list of vendors for the purpose
of mailing notices inviting bids or requests for proposals or soliciting quotations from
time to time, A vendor who desires to be included on the vendors mailing list shall
complete a vendor's application. and pay OR annual regi!>tmtion fee of $10.00. Foes
shall be due and payable on a oalendar year basic and chall not bo profatable or
refundable,
Section 2, Section 2,564(c)(e)(g) of the Code of Ordinances is hereby amended to
read as follows:
Sec, 2,564, Exceptions to bid and quotation procedures,
(c) The amount of the purchase is less than $500,OO.~$1.000.00.
(e) The purchasing agent determines that the nature of the commodity or
service is such that competitive bidding is impossible, impractical, or
cannot be obtained. as certified in writing by the responsible department
director.
(g) Servicos rendered by I3hyeicbns, attorney!:;, and :luditors, The purchasing
aaent determines that services are provided in one or more of the
. following:
(i) Artistic services,
(ii) Academic program reviews.
(Hi) Lectures by individuals,
(iv) Auditing services,
(v) Legal services. including attorney. paralegal. expert witness.
appraisal. or mediator services.
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(vi) Health services Involving examination, diagnosis, treatment.
prevention, medical consultation. or administration.
Section 3. Sections 2,602 through 2,608 of the Code of Ordinances are hereby
deleted.
Section 4, Section 5~624(1) of the Code of Ordinances is hereby amended to read as
follows:
Sec, 2,624, Exceptions to the bidding procedures,
The bidding requirements set forth in this division may be dispensed with when
one or more 9f the following conditions exist:
(1) The market value of items to be disposed of is not estimated to exceed
$500.00. and may be disposed of as the City Manager deems necessary,
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Section 5. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest:
John Carassas, Asst. City Attorney
Cynthia E, Goudeau, City Clerk
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Interoffice Correspondence Sheet
Date:
. Michael J, Roberto, City
November 13, 1998
. Agenda Item
To: . Mayor and Commission
From: .
I.
RE:
; .
Attached for discussion at the Monday Work Session is a Second Amendment to License
Agreementforthe Alexandra of ClealWater Beach, Inc. and Termination of Lease Agreeme'nt
with Keramitsa, Inc. d/b/a! Beach Diner,
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SECOND AMENDMENT TO LICENSE AGREEMENT
THIS SECOND AMENDMENT TO LICENSE AGREEMENT is made and
entered into this _ day of , 1998, by and between the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to
as IlLicensorll and ALEXANDRA OF CLEARWATER BEACH INC" hereinafter
referred to as ULicenseelt:
WHEREAS, Licensor and Licensee agree to this Second Amendment to
License Agreement in order to establish the beginning of the term of the License
Agreement.
, .
I'
NOW THEREFORE, it is mutually agreed as follows:
1, Licensor agrees to provide Licensee with ten (10) annual vehicle
parking passes for Licensee's employees. . Additionally, Licensor agrees that
Licensee may reserve up to seven (7) parking spaces in the adjacent parking lot
for parking during peak season, special events, or special need as agreed by
both parties, The method of marking any reserved parking spaces must be
coordinated and approved by the City Public Works Department. The reserved
spaces may be in the closest row of parking spaces in the parking lot to the
south of the Licensee's premises,
2, Licensor agrees to waive the guaranteed minimum monthly rental
of $8,334,00 per month for the months of December, 1998, January, 1999,
February, 1999, and March, 1999, Licensee shall pay all other amounts as
described in the License Agreement.
3, If Licensor, at its sole discretion, expands the retail food or
beverage area of the licensed premises, then Licensee shall have the option to
use the additional area, subject to an amendment to the License Agreement
approved by both parties, Said option shall not survive the License Agreement
between the parties and cannot be assigned by Licensee without the Licensor's
written consent.
4. All of the terms and conditions of the License Agreement are
incorporated herein by reference and shall continue in full force and effect
throughout the remaining term of this License Agreement.
IN WITNESS WHEREOF, the Agreement is executed as of the date first
above written.
In ra: Second Amendment to License Agreement between
City of Clearwater, Florida and Alexandra of Clearwater Beach, Inc,
Countersigned:
CITY OF CLEARWATER, FLORIDA
:::
Rita Garvey
Mayor-Commissioner
By:
Michael J. Roberto
City Manager
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Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
ALEXANDRA OF CLEARWATER
BEACH,INC,
r'. ,
By:
Steve Chandler, President
Personal Guarantor
Personal Guarantor
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TERMINATION OF LEASE AGREEMENT
. THIS TERMINATION OF LEASE AGREEMENT is made and entered into
this day of . 1998, by and between the CITY OF
CLEARWATER. FLORIDA, a municipal corporation, hereinafter referred to as
"Lessor" and KERAMITSA. INC, dfb/a BEACH DINER. hereinafter referred to as
II Lessee":
WHEREAS. Lessor and Lessee agree to this Termination of Lease
Agreement;
NO\IV THEREFORE. it is mutually agreed as follows:
1. Pursuant to paragraph 3 of the Lease Agreement dated May 28.
1997. between Lessor and Lessee, Lessee shall have sixty (60) days from the
date of this Termination of Lease Agreement to vacate the leased premises.
Lessee acknowledges written notificatiqn of Notice of Vacate and may vacate at
any time during that sixty (60) day period.
2. Lessee agrees to be responsible for all rental payments due to
. Lessor during the sixty (60) day period as long as the premises are open to the
public. Lessor agrees to prorate any monthly rental payment for the actual
number of days that the premises remained open to the public.
3, If HVAC can be moved, as determined by Lessor, then Lessor may
move to Pier 60. otherwise, Lessor may dispose at its discretion, Lessee can
remove refrigerators, walk-in coolers. front doors, and any other fixtures the
parties mutually agree upon. Removal of any equipment shall be at the Lessee's
sole cost and expense, All other terms and conditions of the lease regarding the
removal of the Lessee's property shall remain in full force and effect.
IN WITNESS WHEREOF, the Agreement is executed as of the date first
above written,
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In re: Termination of Lease Agreement between
City of Clearwater, Florida and Keramitsa, Inc. d/b/a Beach Diner
Countersigned:
CITY OF CLEARWATERt FLORIDA
By:
Rita Garvey .
Mayor~Commissioner
Michael J. Roberto
City Manager
Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
KERAMITSA. INC. d/b/a Beach Diner
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By:
Steve Chandler, President
Personal Guarantor
Personal Guarantor
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SECOND AMENDMENT TO LICENSE AGREEMENT
THIS SECOND AMENDMENT TO LICENSE AGREEMENT is made and
entered into this _ day of , 1998, by and between the CllY
OF CLEARWATER FLORIDA, a municipal corporation. hereinafter referred to
as uLicensor" and ALEXANDRA OF CLEARWATER BEACH. INC.. hereinafter
referred to as uLicensee":
WHEREAS, Licensor and Licensee agree to this Second Amendment to
~~ff~:f~~fi~~iri~.:~~~e[e~s:~~f:Z~~nfJ~~~::~~e~~~~!1~2t12:~~~:;~n:
0<<_ __' "" . ~c.. ',_. _. .' '. _~'_ .._... . g... c..~ ~... ~_.~.. ,...... ,....~. _.~.. .._.. .._...._ .....~.. __... .
NOW THEREFORE, it is mutually agreed as follows:
1, Licensor agrees to provide Licensee with ten (10) annual vehicle
parking passes for Licensee's employees, Additionally, Licensor agrees that
Licensee may reserve up to seven (7) parking spaces in the adjacent parking lot
for parking during peak season, special events, or special need as agreed by
both parties. The method of marking any reserved parking spaces must be
coordinated and approved by the City Public Works Department. The reserved
spaces may be in the closest row of parking spaces in the parking lot to the
south of the Licensee's premises.
2, Licensor agrees to waive the guaranteed minimum monthly rental
of $8.334,00 per month for the months of December, 1998, January, 1999,
February, 1999, and March, 1999, Licensee shall pay all other amounts as
described in the License Agreement.
-.-.......--.,. ............--.......-.-..~~~~~~ .....
3, If Licensor, at its sole discretion, ~lit with the cbn'sehtlo(~tidehseei
expands the retail: food or beverage area ypJ!~fJfjr!!Y.i(~~r:f~~ci~~;.ill~
licensed premises, then Licensee shall have the option to use the additional
area, subject to an amendment to the license Agreement approved by both
parties. Said option shall not survive the License Agreement between the
parties and cannot be assigned by licensee without the Licensor's written
consent.
4. All of the terms and conditions of the License Agreement are
incorporated herein by reference and shall continue in full force and effect
throughout the remaining term of this License Agreement.
IN WITNESS WHEREOF, the Agreement is executed as of the date first
above written.
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In re: Second Amendment to License Agreeme'nt between
City of Cloarwater, Florida and Alexandra of Clearwater Beach, Inc.
. Countersigned:
crN OF CLEARWATER, FLORIDA
By:
. Michael J. Roberto
City Manager
Rita Garvey
Mayor-Commissioner
. Approved as to form:
Attest:
John Carassas
Assistant City Attorney
Cynthia E, Goudeau
City Clerk
ALEXANDRA OF CLEARWATER
BEACH, INC.
By:
Steve Chandlert President
Personal Guarantor
Personal Guarantor
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TERMINATION OF LEASE AGREEMENT
THIS TERMINATION OF LEASE AGREEMENT is made and entered into
this day of , 199B, by and between the CITY OF
CLEARWATER. FLORIDA. a municipal corporation, hereinafter referred to as
IILessor" and KERAMITSA, INC. d/b/a BEACH DINER, hereinafter referred to as
llLessee":
WHEREAS. Lessor and Lessee agree to this Termination of Lease
Agreement lommm@~li1eea)q~~~Ji@1gyN~~pl;
NOW THEREFORE, it is mutually agreed as follows:
,
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1, Pursuant to paragraph 3 of the Lease Agreement dated May 28,
1997, between Lessor and Lessee, Lessee shall have sixty (60) days from the
date of this Termination of Lease Agreement to vacate the leased premises.
Lessee acknowledges written notification of Notice of Vacate and may vacate at
any time during that sixty (60) day period,
2. Lessee agrees to be responsible for all rental payments due to
Lessor during the sixty (60) day period as long as the premises are open to the
public. Lessor agrees to prorate any monthly rental payment for the actual
number of days that the premises remained open to the pubfic,
3, ' If HVAC can be moved, as determined by Lessor, then Lessor may
move to Pier 60, otherwise. Lessor may dispose at its discretion. Lessee can
remove refrigerators, walk-in coolers, front doors, and any other fixtures the
parties mutually agree upon, Removal of any equipment shall be at the Lessee's
sole cost and expense, AU other terms and conditions of the lease regarding the
removal of the Lessee's property shall remain in full force and effect.
aTr:;!AreursuangtoW'aa"ra~H;'13h>:0l!fiie';l1eaSEiW"g"'fe~emeIM'Hi?essOF~WfjJ~
ejmbu~~i~~~et(-6r;:84%J8ifif~~ij~i/j;"il:'ib~~ffiifitiii:llf~~~~~~<1~r\~ t '\:---*~re;\
R ~;f 1~-<)' '}>J~ fi;f.:t~{\'.Jo~'!-il~,.",..!{fn~"J;#~"~'~~"'JtiJ:l" ~~} ~~\;:""/ I mPll"~ni";<'~~:"';.;I, ~',(~'\l~'i.,.t':$l"t:~~:;~ft:i~' m~srt;Tl~,~'''..l.,
$2/ 956.\'('merefore:!t,irreJ.Mburseroenh~sliad~'tDe~'J1m;~tne!l.amouglo t$.i'W~.3mO;.\
.iiriJ~t~A'+~J1~r'~fa'?'7~'1ihi~3ir$B'"lSH~~~~~g{)i1i1jJ(jf.ti~f~f:.;~I~~ffi)ti1. ~b .' d\\fr~~'~~'(
...~...... --r\i1" ...'J ...!,. . Ji ~ .",9 ~ R.,~"" " .,....l!. l .. .....!~, "'~ Ja: of..., "L~ ,g~;-~l If "Ht . ..Jh.f. _ ~. ,..,1......;:.....10...
~~~~Vrt"'...&li-"r~..L~~~l!'P.<J";:<'::' II :I.~' ..1~~Ih<B~~..'(1:11 ~.,18\J...'Iy..j-~;f~ ,.~!!i.t. ....ll~~,...\l...." ~.,,~ I~ .~lit ,)wf'~t1i...~\
, greemenl.~ 'essee1Js a lI~r~ ease;,a :~c alm~agalns ~lcessor.:..:ans II au ."0 .~... e~
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IN WITNESS WHEREOF, the Agreement is executed as of the date first
above written.
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In're: Termination of Lease Agreement between
. City of ClealWater, Florida and Keramitsa, Inc, d/b/a Beach Diner
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Rita GalVey
Mayor-Commissioner
Michael J, Roberto
City Manager
Approved as to form:
Attest:
John Carassas
.' Assistant City Attorney
Cynthia E. Goudeau
City Clerk
KERAMITSA, INC. d/b/a Beach Diner,
By:
Steve Chandler, President
Personal Guarantor
Personal Guarantor
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.
Worksesslon Item #:
Final Agenda Item # '3 0
Meeting Date: 11-19.98
Clearwater City Commission
pc... M:L- Agenda Cover Memorandum
SUBJECT/RECOMMENDA liON:
Award a contract of $120,000 to Pinellas Press for printing of ClearwcJter Magazine, and approve a
funding increase of $12,000 for Clearwater Magazine for current fiscal year to caver increased costs
due to production and printing of new mailing list of 55,000,
mJ . and that the appropriate officials be authorized to execute same,
SUMMARY:
. Clearwater Magazine is mailed quarterly to all city residents and is a valuable information tool on
city projects, programs and activities. It is also distributed through Parks & Recreation centers
and the Library.
. Circulation in 97/98 was approximately 44,000 per issue, however, list data was inaccurate.
. Circulation with the new mailing list from new source will rise to 55,000 in 98/99.
. Due to this increase in printed copies, and a change to a gluing process for the 8 page calendar
pulJ-out section, as well as anticipated additional production changes, costs will increase,
Additional funds to total $1201000 are requested to anticipate additional production changes
\Nhich may occur in 98/99,
. Budget for this item is $108,000 (in operating code 010-09215-543400-512-000) in current fiscal
year) and is based on last year's circulation; A first quarter bUdget amendment will transfer an
available balance of $4,975 (in CIP Project code 315-94764, City Newsletter), and also transfer
vision dollars of $7,025 into the printing operating code of Public Communications and
Marketing.
. The Public Communications & Marketing budget includes sufficient funds for the postage and
inserting of the additional quantities.
Reviewed by:
Legal ,nla Info Srvc
Budget ~~ Public Works
PurchasIng DCM/ACM
Risk Mgmt . · 18 Other
Originating Cept:
Costs
Total 120,000
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User Copt
Funding Source:
CI
OP
Other
Current FY 120,000
Attachments
Submitted by:
City Manager .
o None
A fa rlatlon Code:010.Q9215-543400..s12-000
I
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30
\
Clearwater Magazine
A small majority (56.3%) of residents recall rece~v~ng
Clearwater. Those under age 30 were less likely than
those 30 or older to recall receiving the magazine,
Unsolicited comments made by some respondents suggest
there may be several factors affecting the ability of
respondents to recall receiving the magazine. Only
three issues of Clearwater have been distributed to
residents. Some residents may have received the
magazine but do not recall receiving it because thus
far they are not sufficiently familiar with the
magazine to make a specific identification.
Additionally, Clearwater may have been received by
another member of the household and not shared with the
respondent. Finally, there may have been some glitches
in mailing distribution.
I may have gotten it, but I'm not sure. I let my
magazines pile up and read them later.
I could have gotten it, but I'm not sure.
My wife may have gotten it and not showed it to
me. I don't know.
I don't get the mail first. It could have come,
but I haven't seen it.
I've heard about it, but we never got it. I don't
understand that because my next door neighbor got
it. I live in the city. My neighbor says it is
really useful.
I just got it today (7/18/98).
I don't recall receiving it, but I sure would like
to.
Most residents (90.7%) who recalled receiving
Clearwater have taken the time to read it.
Very strong majorities of those who have read
Clearwater rate it above average on all features about
which they were queried. (See Table on next page,)
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l3@RQi\J.ER
resea~ inc,
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An overwhelming majority (90.2%) of residents who have
read Clearwater think it is of sufficient informative
value to citizens that it should continue to be pub-
lished. (See verbatims in the Appendix for unsolicited
comments, both pro and con, relative to this issue.)
Approximately three in ten (30.9%) of the residents who
have read Clearwater do not watch C-View.
Among those with Internet access who had never accessed
the city's website, seven in ten (71.6%) said they
would be at least somewhat likely to do so at some
point in the future, with two in five (38.5%) saying
they would be very likely to do this. About twenty
respondents requested the city's website Heode" during
the course of their interview. Again, those residents
under age 50 were the most likely to indicate they
would access the eity website at a future time.
B@~
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90
Goudeau, Cyndle
From:
Sent:
To:
Cc:
Subject:
Molslck, Jacqueline
Tuesday, November 17, 199B 5:45 PM
Goudeau, Cyndle
Huntley. Carrie; Roberto, Michael
Savings on Magazine
Cyndle:
The tangible cost savings from the Parks & Rec newsletter are approximately $15,000 per year. Cost for the Library
Calendar and Channels was $3,000. It Is my understanding that neither went to all residents, but to current patrons
and users for those facilities. There was no new exposure, or exposure to all residents.
The magazine Is the first major malllng to sill residents on a regular basis, and In addition to the leisure Times and
Events calendar, there several/ntanglbla things to consider that the magazine accomplishes:
1) It Is a communication tool for the city's programs and services, many of whIch would not be otherwIse known to
our residents.
2) The Neighborhood section highlights different city neighborhoods, thereby creating a.'lOne City" community
feeling for all residents.
3) It Is an Important communication tool for residents with updates on our "One City. One Future." Initiatlve,
4) The full color ads for different city events (average of 8 ads per issue) help promote events which would
otherwise require addltlonal paid advertising. We estimate the value of media exposure and production to be worth
$10,000 per Issue, or $40.000 per year total for all events advertised.
5) Some special events, such as Folks Art Festlva', were promoted via the magazine, thus ellmlnatlng the need for
this event to spend funds on a brochure, which might have cost several thousand to produce and distribute.
.6) The magazine documents successes In Economic Development and other areas, thereby communicating a
postlve Image of our city and its government. .
7) National statistics show that publications similar to ours have a longer shelf life than publications of a lesser
quality, and have a pass along readership of about 2.5 persons per copy,
It's hard to put a price tag on the Intangible benefits of the magazine, but Is our belief that the benefits far outweigh
the costs. The value of a successful Image. posltivel)' presented, Is something that will benefit the City of Clearwater
beyond measure.
Page 1
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~Clearwater
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Interoffice Correspondence Sheet
To:
Commissioner Clark
Jackii MOISiCk~
Michael Roberto
November 16, 1998
.P.F:.CEIVED
NOV 16 1998
CITY CLERK DEPT.
From:
.. CC:
Date:
RE: Printing Bids - Clearwater Magazine
Attached are the printing bids for Clearwater Magazine, as requested,
,Please note that the amount of the low bid ($114,716) and the amount requested for the.
magazine ($120.000) differ due to what we felt was a need to anticipate any additional
production and printing changes as may occur during the course of the year. These may
include a .special insert, production changest etc.
Also note that the second lowest bidder, Schumann Printers. changed our bid
specifications so that their bid would be lower, We do not find this acceptable.
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BID RESPONSE' FORM (151-98)
Item
Qty.
Quarterly
Quarterly
Price
1.
55,000
Clcanvater Magazines
$ ~~ I 10'19 ,qQ
,
(per specifications)
Contact Barbara Metzgar, at 727/462-6913 for technical questions regarding
this bid.
Please return two (2) copies of Bid Response
i.
F.O.B. CLEARWATER:
Start Date:
Payment Terms: 3CJ d a. '(5
BIDDER REPRESENTATION
I represent that this bid Is submitted in compliance with all terms, conditions
and specifications of the Invitation for Bid and tbat I am authorized by the
owners/principals to execute and submit this bid on bebalf of the business
identified below.
BUSINESS
NAME:JneJ Ire
r re~S
13900 Y.9Ib 'STree.T N
CITY. STATE. ZIP CODE: r.lear-ux:~A-:er FL 3c/72 '1
FID#
5'(:1 :=\02 J 0 ISLa
STREET ADDRESS:
,PRINT~E NAME OF Al1fHORIZED
REP: l:Sa r b,\ e, Jj ~rrO-.
TITLEIPOSITION OF AUTHORIZED
RE: Accoun\ ExeOII-n've...
SIGNATURE/OF AUTHORIZED
REP:'. A~'~ ~,
DATE
SUBMI'ITED:
PHONE NO: 558'.- ~C) \5
OCTOne!" r"1 J qq ~
FAX NO: '--~.~ 9 - II.~I ('
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BID RESPONSE- FORM (151-98)
Item Qty.
Quarterly
Quarterly
Price
1. 55,000 Clearwater Magazines $28r 760.00
Note: If mailed directly from the plant the price would be $26,404 plus tape
formatting charges and postage,
(per specifications)
Contact Barbara Metzgar, at 727/462-6913 for technical questions regarding
this bid.
Please return two (2) copies of Bid Response
F.O,B, CLEARWATER:
Start Date: Approximately November 17. 1998
PaYment Tenns: Net due thirty days
BIDDER REPRESENTATION
I represent that this bid is, submitted in compliance with all terms) conditions and specifications of the
Invitation for Bid and that I am authorized by the owners/principals to execute and submit this bid on behalf of
the business identified below. .
BUSINESS
NAME: Schumann Printers. Inc. FID# 391078568
STREET ADDRESS: 701 South Main Street
CITY. STATE. ZIP CODE: Fan River. WI 53932
PHONE NO: (727) 906.0180
FAX NO: (727) 906-0179
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Bid 151-98 Specifications
TitlcIDescription:
City of Clearwater Magazine - 44 page - high
resolution magazine with an 8 page 4CP center foldout, strip glued into
center of magazine.
Size:
iH~" x 11 U (finished size page size) 8 3/8" x 10 7/S" vf'
Prepress:
DTP Disc supplied by the City
Press Specifications:
20 outside pages on 60# gloss text, coated both sides, Inside 24 pages on
50# offset. 8 page center foldout on 60# gloss text, coated both sides.
(size of8 page fold out is 16 W' x 21" folded to 4 3/16t1 X 10 W'.
Outside pages prints 4CP. throughout, Inside 24 pages black copy
throughout.
Paper:
Bindery & Finishing:
Saddlestitched and trimmed, Center foldout glued in Miadl.:. of vY
tMgM!ine: 4 pages right of the center of magazine.
Proof to be signed off by City of Clearwater agent prior to production.
DTP disc owned by the City of Clearwater and may not be copied., printed or reproduced
other than for this quotation, Disc will be shipped with completed
job back to the City of Clearwater,
Pack & Distribution:
Carton packed, Local Tampa Bay delivery to be included in quote
Quantity:
Approximately 55,000 magazines quarterly. First issue to be
completed and delivered to the City of Cleanvater no later than
December 9, 1998, Quantity may vary. Should not exceed 55.000
unless authorized by City of Clearwater agent.
Over runs:
The City of Clearwater will not pay for any over-runs,
Questions should be submitted
to: City of Clearwater, Barbara Metzger, (727) 462'()913
Delivery schedule for each issue will be provided to successful bidder.
Thank you for participation in the City of Cleanvater-s procurement process.
Name of Firm: Schumann Printers. Inc.
Payment tenns: Net due thirty da\'s
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BID RESPONSE' FORM (151-98)
Item
Qty.
Quarterly
Quarterly
Price
1,
55,000
Cleanvater Magazines
$ 29,150.00
(per specifications)
Contact Barbara Metzgar, at 727/462-6913 for technical questions regarding
this bid.
Please return two (2) copies of Bid Response
F.O.B. CLEARWATER:
Start Date: TBD
Payment Terms:
?\hi-" 10
BIDDER REPRESENTATION
I represent that this bid is submitted in compliance with all terms, conditions
and specifications of the Invitation for Bid and that I am authorized by the
owners/principals to execute and submit this bid on behalf of the business
. identified below.
BUSINESS
NAME: Interprint Web & Sheet Fed FID# 59-0871253
STREET ADDRESS: 12350 US Hwy 19 North
CITY. STATE. Z~ CODE: Cl~arwab"!r. FT, 117/14
PRINTrrYPE NAME OF AUTHORIZED
REP: Scott. NPnn2 I
TITLEIPOSmON OF AUTHORIZED
RE: Sales Representative
SIGNATURE OF AUTHORIZED
REP:
DATE
SUBMITfED: O:::tober 1, 1998
PHONE NO: (727) 531-8957
FAX NO: (727) 536-0647
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QUOTATION
~
InterRa~~!
EST#:
DATE:
8518-Revise 3
October 1 t 1998
TO:
City of Clearwater
Attn: Barbara Metzger
TITLE:
City of Clearwater Citizen's Guide: 44 Page + 8pg Fold Out Section Folded to
4-3/16" x 10-1/211 and Glued into Center Spread of Book
SIZE: 8-1I2t' x '1111 Finished size
PREPRESS: Disk provided by client
PAPER: 20 Pages & (1) 8 Page FoldOuts: 60# Gloss Book
24 Pages: 50# Gloss Book
PRESS: 20 Pages & (1) 8 Page FoldOuts: 4/4 - Process colors throughout
24 Pages: 1/1 -Black Ink throughout
BINDERY: Saddlestitch 44pg + (1) 8pg FoldOut
SHIPPING: Carton pack
Local delivery Included only
QUANTITY: 55,000
PRICES: $29,150.00
lABOR COSTS GOOD FOR eo DAYS. THIS QUOTE IS FINAL ONLY AFTER REVIEW OF SUPPLIED MATERIALS. ALL SHIPPING COSTS ARE APPROXIMATE AND ARE
SUBJECT TO CHANGE AT THE TIME OF SHIPPING TO REfLECT CURRENT MARKET PRICES, ACTUAL SHIPPING WEIGHiS OR INSIDE DELl'ifERIES. THIS QUOTE
IS BASED ON CURRENT PAPER MARKET PRICES. AVAlLABIUTY AND THE COST OF PAPER ARE SUBJECT TO CHANGE AT THE ACTUAL TIME OF ORDERING
PAPER. YOURAUTHORlZED SIGNATURE BELOW CONS1TTUTES A BINDING AGREEMENT FOR INTERPRINTTO PROCEED IN ACCORDANCE TO THE TERMS AND
CONDmONS USTED ON THE REVERSE SIDE OF THIS QUOTATION. INTERPRINT'S TERMS AND CONomONS WILL OVERRIDE ANY OF CONDITIONS WHICH MAY
APPEAR ON ANY PURCHASE ORDERS OR OTHERWISE. ALL QUOTATIONS MUST BE SIGNED AND RETURNED TO~' BEFORE ANY 1M TERIALS CAN
DE PURCHASED OR PRODUCTION CAN BEGIN.
W~~
AUTHORIZED SIGNATURE INTERPRINT AUTHORIZED SIGNATURE
12350 US.Hlgtllvof19 N.. Cleowota-. R.34624 eFOl(813)536-0647 eToll Free No. 1-800-749.5152 eTompo(813) 22Q.8865 e Pineltas(813) 531.8957
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BID RESPONSE. FORM (151..98)
Item
Qty.
Quarterly
1. . 55,000
Quarterly
Price
Clearwater Magazines
S~1 7 A 7 · oq
(per specifications)
Contact Barbara Metzgar, at 727/462-6913 for technical qUCSUODs regarding
this bid,
Please return two (1) copies of Bid Response
. F,Q,B. CLEAR\V ATER:
. Start Datcf-l- immediat~
Payment.Terms: ~?o. o' 0
BIDDER REPRESENTATION
I repre.sent that this bid Is submitted [n co~pUaDce with aU terms, conditions
.ad speclf(catlonl otthe InvltadoD forBId aDd that I am authorlzed by the
owners/principals to execute and submit this bId on behalf ot the business
Ident1lled below.
BUSINESS
NAME: . PRu.JTlN INC..FID# 5~ ".2' 10007
STREET ADDUM: 3LtloO - (i,LU:h Avehue ~th
CITY. STAn, 2,rP CODE:JineHas
PRINTII'YPE NAME OF AUTHORIZED
REP: S^~A zukOW5k I
TITLElPOSmON OF AumORIZED
RE: SALes ~5ENTATIVE
~C;:~~l~~
DATE ~
SVBl'W:l-l'~D. loll ,q 8
PHONE NO: 52.2..052.5
FAX NO: E~7'" 3300
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, .. .. Item #31 moved to
..' ... . .... 12-1 0-98
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Clearwater City Commission
Agenda Gover Memorandum
Worksession Item It:
Final Agenda Hem #
3d-
Meeting Date:
11-19-98
SUBJECT/RECOMMENDATION: Approve Purchase of COACHMAN HEIGHTS REVISED SUBDIVISION,
Block "A", the West 100 feet of the South 20 feet, more or less, of Lot 3, and the West 100 feet of Lot 4 LESS
Street, commonly known as 900 Pierce Street, from The Salvation Army for $100,000, plus estimated
expenses of $12,000 for environmental audits and $1,875 for a boundary survey and closing costs, for a total
cost not to exceed $113,875,
IBJ and that the appropriate officials be aulhorized to e\!;eCule same.
SUMMARY:
· This property is one of four separately owned parcels the City needs to acquire for the IITown Pondll in
the block bounded by Park Street on the north, Ewing Avenue on the east, Pierce Street on the south and
Prospect Avenue on the west.
e The Salvation Army has agreed to sell the property for its current market value of $100,000 as determined
by an independent appraisal performed by James M, Millspaugh, MAl dated July 29, t 998,
· The City will have 60 days following approval of this contract to conduct environmental audits and other
investigations to determine additional costs this purchase may generate, If these costs are unreasonable,
the City may, among other options, terminate the agreement upon written notice to the seller within the
60 day due diligence window,
. Staff continues to work with other owners within the block to purchase their properties at prices supported
by professionally performed independent appraisals,
. The subject property is improved with a masonry and glass 4,797 square foot 'Jstorefront building"
constructed in 1956, If the Town Pond project should not be undertaken, the building would be suitable
for a variety of interim uses by the City, or provide value for future resale.
. Funding is to be provided from bond proceeds as anticipated in the results of the Utility Rate Study, Any
financial resources required to be used prior to the issuance of the bonds will be provided by a loan from
the consolidated cash pool.
Rovlowed by:
Legal -:l!!l::-- Info Srvc
Budget ~r%-- Public Works
Purchasing ~ DCM/ACM
Risk Mgmt NA Other
=it"
Originating 0 pt:
PUBL ORKS
Costs
NA
Total
$113,875
CUrrent FY
$113,875
funding Source:
CI
OP
Olher
x
Attach
':~,
Submitted by:
.,Cltv Manager
Ix] None
A ra rlatlon Code: 375-99125.560100.539-000
Rev, 3198
Printed on recycled piper ISlll\1ntlnn Army Pond Contr Alln. lIwb119Bl
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: THE SALVATION ARMY, a Georgia corporation lhcrein "Seller"I, of
1424 Northeast Expressway, Atlanta, Georgia 30329 Phone: (404) 871-3101, and the CITY Of
CLEARWATER, FLORIDA, a Municipal Corporntion of the State of florida (herein "Buyer" or
"City") of 1', O. Box 4748, Clearwater, Florida 34618-4748, ATTENTION: City
Attorney, Phone: (7271 562-4010 Icollectively "Parties"] hereby ag:rce that- the Seller
shall sell and Buyer shall buy the follOWing real property I"Rea1 Property") and personal
property ("Personalty") Icollectively "Property"] upon the following terms and conditions.
THZ "ZITECTIVE DATE" OF THIS CONTRACT IS THE DATE. OF EXECU'L'ION BY DULY
AUTHORIZED CITY OFFICIALS, TIME IS OF THE ESSENCE IN THIS CONTRACT.
Tu.. p.:r:ioda of 5 d&ya or 1... ahall be coq:IUted without inCluding
Saturday, sunday, or national legal holid&y. and any ti~ p.riod ending
on a Saturd4y, sunday or national leg.l holiday ahall be extended until
5:00 P.K, of the next bu.in... day,
1, PROPERTY DESCRIPTION
LEGAL DESCRIPTION: COACHMAN HEIGHTS REVISED SUB" Bl~ck "AN, the ~est 100 feet of the
south 20 feet, more or less, of Lot 3 and the West 100 feet of Lot
4 LESS Street, as recorded in Plat Book 1, Page 16 of the Public
Records of Pinellas County, Florida.
STREET ADDRESS (City/Zip/state): 900 Pierce StLeet, Clearwater, Florid~
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PERSONALTY: NONE INCLUDED IN PURCI~SE OR TO OTHERWISE BE CONVEYED,
2. roLL PURCHASE PRICE .. iI .. iI . . .. . .. It ..oil .. . .. . . ... .. .. oil ... .. . . , , . ill It' . .. ... . . . .. , , ,. $
100,000.00
3. MANNER OF PAYMENT: City of Clearwater check in U. S. funds at time
of closing .............................................. It . .. $
100,000,00
.., DE'1'ERM1NATION or PURCHASE PRICE
The Full Purchase Price as shown herein has been reached through negotiation~ with the
Seller by [X] City staff [ ] Broker acting as Agent of the ( ] City [ I Seller.
The Purchase Price is based on:
l~] Apprai~al of the real property performed for the (x] Seller [ ] Buyer by
a Florida certified real estate appraiser. T~e market value of the Real
Property's fee simple interest was determined to be S100,000 by James H.
Millspaugh, MAlon July 29, 1996. By execution hereof, Seller authorizes
appraiser to provide a copy of said appraisal report to the City.
S. 'l'IHE FOR ACCEPTANCE; APPROVALS
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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 Earl Barrett, Real Estate Services
Manager in the Public Work.s Department of the City of. Clearwater for acceptance and
approval, counter-offer, or rejection by action of the ClearWater City Commission
("Co/l'll1\ission"]. 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 10 days thereafter to daliver to Buyer written notice of acceptance or rejection of
such counter-offer, If written notice l)f acceptance is not time-ly delivered, or if the
counter-offer is rejected by Seller, this contract shall thereafter be null and void in
nll respects. If this contract is rejected by the Commission upon initial presentation to
the Commission, this contract shall be null and void in all respects nnd Buyer shall be 50
info~ed in writing within 5 days of such action.
6.~
Seller warrants legal capacity to and shall convey marketable title to. the Properly by
statutory Warranty, Trustee'lI, Personal Reprcsentatlve I 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 encumbrance~
of record or known to Seller, but subject to property taxes for the year of clOSing/
covenants, restrictions and public utility easements of recordJ and NO OTHERSI provided
there exists at closing no violation of the foregoin9 and none of them prevents Buyer's
intended use of the Property a5 A PORTION OF A REGIONAL ST01lHWATER RE'fEHTION POND, Seller
warrants and represents that there is ingress and egres5 to the Real Pro.perty sufficient
for the intended use as described herein. Pe~sonalty shall, at Buyer request, be
transferred by an absolute bill of .sale with wa\-unty of title, :5ubject only to lIuch
matters as may be otherwise provided herein.
Page 1 of 5
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,. '1'ITLE JCVIDENC't
Seller shall, at Seller expense and within 15 d~ys prior to closing date deliver to
Buyer a title insurance commitment issued by alff,Orida licensed title insurer agreeing to
liens, encumbrances, eltceptionll or qual! f1 ca tions set forth in this Contract, and those
which shall be discharged by Seller at or before closing. sell~r shall convey a
marketable title lIubject only to liens. fJncu!l\brancu, fJl(ceptions or qualific"tions set
forth in thls Contract. Harketllble title shllll be determined ac:cordinq to applicable
Title Standards adopted by The Florida Bar and in accordanCfJ with law. auyer shall have 5
days from receiving evidence of title to examine it. If title is found defective, Buyer
ahall, within 3 days thereafter, notify seller in writing specifying defectlsl, If the
defect III) render title urunarketable, Seller will hilve 120 days from receipt of notice
within which to remOVfJ the defectlsl, failing which Buyer shall have the option of either
accepting the title as it then is or withdrawing from this Contract. Seller will, if
title is found unmarketable, make diligent effort to correct defectlsl in title within the
time provided therefor, inclUding the bringing of necessary !uits,
8.~
Buyex, lit Buyer's expense, with1n time allowed to deliver evidence of title and to
exam.1ne same, may have Real Property surveyed and certified to the Buyer, Seller and
closing agent by a reQistered Florida land surveyor. If survey shows any encroachment on
~eal Property, or that improvements located on Real Property encroach 00 setback lines,
ells~ents, lands of others, or violate any restrictions, contract coveollots or applicable
9overn:~eotal regulation. the same shall constitute II title dfJfect, The survey shall be
performed to minimum techoiclIl standards of Chapter 6lG17-6, Florida Administrative Code
and may include a description of the property under the Florida Coordinate System liS
defined in Chapter 117, Florida Statutes.
9.
Buyer mIIY, at Buyer's expense, have the Property inspected by a Florida-licensed pest
control business to determine the presence in the improvements of past or present
infestation and damage caU4ed by infestation. Seller shall have 5 days after receipt of
Buyer I s written report to obtllin repair estimates from a licensed building or general
contractor, and treatment estimate from a liccnsed pest control business. Seller shall
treat and repair the Property if the cost to do so does not exceed 3i of the purchase
price 1~'Treatment/Repilir Limit"). If the cost of treatment and repair exceeds the
Treatment/Repair Limit, either party may elect to pay the excess, in which event the Buyer
shall receive a credit at closing equal to 3~ of the purchase price, failing which, either
party may termdnate this contract. If there is no e~idence of live infestation and the
Property is covered by a full treatment warranty, Seller shall trllnsfer ~he warranty to
Buyer at closing and shall not be obligated to treat the Property,
10. CLOSING PL1.CE AND DATE
Seller shall designlLte closing agent. and this ~ransaction shall be c10sed in the
offices of the designated closing agent 1n Pinellas County, Flori.da, on Qr before NINt.TY
DAYS FOLLOWING THE EFiECTlVE DATE unless extended by other prOVisions of this contract.
If eit.her party.1s unable to comply with any provision of this contract wi.thin the time
allowed. and be prepared to close as set forth abo"o'c, after making all reasonable and
diligent cfforts to comply, then upon giving written notice to the other party, time of
closing may be extended up to 45 days without eUect upon any other term, covenant or
condition con~ained in this con~r~ct,
11. CLOS~NG DOCUMENTS
Seller shall furnish deed, closing st~tem~nt(sl. bill of sale (if applica.ble},
mechanic's lien affida.vit, a'si9nm~nt:l of leases, tenant and mortgage estoppel letters.
and corrective instruments, If Seller is II corporation. Seller shall deliver II resolution
of its Board of Directors authorizing the sale and delivexy of the deed and certification
by the corponte Secretary certi fying the resolution and setting forth facts showil\g the
conveyance conforms with the requirements of local law.
12. CLOSING EXPENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24,
FIQrida Statutes, shall bfJ paid by the Seller. Seller shall also pay the costs of
recording any corrective instruments. Recordation of the deed shall be paid by Buyet,
13. PRORATIONS: CREDITS
Taxes, assessments, rent lif any I 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 samfJ to the Pinellas County
Tax Collector with notification to thereafter exe:r.pt the Property irom tllxation as
provided in Chapter 196.01216), Florida Statutcs, If the amount of taxes and assessments
for the CUrrent yellr cannot be ascertained, rates fot the previous year shllll be used with
due allowance being made for improvements and exemptions. Any deposits held by seller in
trust for third parties in occupancy of the Property shall be credited to Buyer at time of
closing. 1\sllCJlsmentll for any improvements that are substantially complete at time of
closing shall be paid in full by Seller.
Page 2 of 5
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lot. OCCUPANCY
Seller Warrants that there are no parties in oecupancy other than the Seller, or AS
otherwise disclosed herein. I f Property is intended to be rentnd or occupied beyond
closing, the fact and terms thereof shall be stated herein, and the tenantls~ or occupants
disclosed pursuant to Paragraph 15. Seller agrees to deliver occupancy of the Property at
time of closing unless otherwise stated herein. If occupancy is to be delivered before
closing, Buyer assumes all rbsk oC lOlHI to Property hom date of occupancy. ahall be
responsible IInd liable for maintenance from thAt date, IInd shall be deemed to have
accepted Property in its existing conditions as of the time of taking occupancy unlen
otherwise stated herein or in separate writing,
15. LEASES
Seller shllll, not less than 15 days before closing, furnish to Buyer copiell of all
written leases and clltoppel letters from eaeh tenant specifying the nature and duration of
the tenant's occupancy, rental rates. advanced rent and security deposits paid hy tenant,
If Seller is unable to obtain such letter from each tenant, the same information ahall be
furnished by Seller to Buyer within that time period in the form of a Seller's affidavit.
and Buyer may thereafter contaet tenants to confirm such information, Seller ahall. at
dolling. deliver and assign all original lease/! to Buyer and credit Buyer with all
advanced rents and security deposits paid by or on behalf of each tenant.
16. PP.OPEP.'l'Y CONDITION
Seller ahall deliver the Property to Buyer at time of closing in its present "all is"
condition, ordinary wear and tear excepted, and shall maintain the landscaping and
grounds in a comparable condition. Seller makes no warrantica other th3n as dillclosed
herein in Paragraph 22 ("SELLER WARRANTIES"' and muketability of ti tle. Buyer' II
covenant to purchase the Property "as is" is more specifically represented in either
subpAragraph a, or b, as marked [Xl,
a. [ I A. I.: Buyer has inspected the Property or waives any right to inspect and
accepts the property in its present "as is" condition,
b, (X) Aa I. With Right of Inspection: Buyer may, at Buyer expense and within 60 days
from Effective Date ("Inspection Period"~, conduct inspectionll, testll,-
environmental and any other investigations of the Property Buyer deems
necessary to detern.ine suitability for Buyer's intended uae, Se~ler shall grant
reasonable accells to the Property to Buyer, its agentll, contractors and Assigns
for the purposes of conducting the inspections provided, hOI~ever, that 1111 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 inllpections and investigations. Buyer shall not
engage in any activity that could result in a mechanics lien being filed against
the Property without Seller's prior written consent. Buyer may terminate this
contract by written notice to Seller prior to expiration of the Inspection
Period if the inspections and/or investigations reveal conditions which are
reasonably unsatisfactory to Buyer, unless Seller elects to repair or otherwise
remedy such conditions to Buyer satisfaction: or Buyer, , may elect
to accept a credit at closing of the total estimated repair costs as determdned
by a licensed general contractor of Buyer's selection and ex ense If thi,
transaction does not close, Buyer agrees, at Buyer expense, to repair all
damages to the Property reSUlting from the inspections and investigations and
return the Property to its present condition. * UJiH7~r~vaJ
r o(.seIttr
W~-THROUGH INSPECTION
17,
^t a time mutually agreeable between the parties, but not later than the day prior to
closing, Buyer may conduct a final "walk-through" inspection of ~he Property to determine
compliance with any Buyer obligations under Paragraphs 9 and 16 and to insure that all
Property is in and on the premises. No neW issues may be raised as a result of the walk-
through,
18. SELLER HELD StARMLESS
Buyer is lIelf insured, and subject to the limits and restrictions of the Florida
Sovereign immunity statute, r. S, 750,28, agrees to indemnify and hold harmless the Seller
from claims of injury to persons or property during the inspections Clnd invelftigations
described in Paragraph 161b~ resulting from Buyer's own negligence only, or that of itll
employees or agents only, subject to the limits and restrictions of the lIoverelgn immunity
statute. .
19. RISK or LOSS
I f the Property is damaged by fire or other casu"l ty before closing and cost of
restoration does not exceed 3% of the assessed valuation of the property so damaged, cost
of relltoration shall be an obliqatlon of the Seller and closing ~hall proeeed pursuant to
the termll of this contract with restoration costs escrowed at clodng. If the cost of
restoration exceeds 3% of the asseased valuation of the improvement5 110 damaged, BUYl!lt
ahAll have the aptian of either taking the Property "AS .ls", together with eithcr the 3%
or Any insurance proceed~ payable by vir~ue .o~ such loss or damage, or of cancelinq this
. ':.:..:...:....:.......... " ~. ""1~'.!.* i"" .,."
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20. PROCEEDS OF SALE: CLOSING PROCEDtmE
The deed shall be recorded upon clearance of funds. Proceeds of sale ~hall be held in
escrow by Seller's attorney or by such other mutually acceptable escrow agent for a period
of not longer than 5 days from and after closing, during which time evidence of title
shall be continued at Buyer's expense to show title in Buyer, without any encumbrances or
change which would render Seller'a 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, If
Seller fails to timely cure the defect, all funds paid hy 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. right:! against Seller as to lIny
intervening defect except as may be available to Buyer by virtuo of warranties contain~d
in the deed. The escrow and closing procedure required by this provision may be waived if
title agent insures adverse matters pursuant to Section 627.7841, F. s, (1987], as amended.
21. DEFAULT
If this transaction i~ not closed due to any default or failure on the part of the
Seller, other than to malee the title marketable after diligent effort, Buyer may fleele
specific performance Or unilatedy cancel thi..s agreement upon givlng 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 specif1c performance. If a Broker is owed ill brokerage fee
regarding this transaction, the defaulting party shall be liable for such fee.
22. SELLER ~IES
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'~ desire to purchase the property except as follows: ISpecify k~own defects.
If none are known, write "NONE")
Buyer shall have the number of days granted in Paragraph 14tb] above j"Inspection Period"]
to investigate said matters a~ disclosed by the S~ller, 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 fa~ls 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,
23, RADON GAS NOTIFICATION
In accordance with plovisions of Section 404,056(8), Floridll Statutes 119891, as
amended, Buyer is hereby informed as follow..s:
RADON GAS: Radon i..s a naturally occurring r~dioactive gas that, when it
has accumulated 1n a building in sufficient quantities, may present
health r.isks to persons who are exposed to it over time. Levels of radon
that exceed federal and 5taLe guidelines have been found in bu~ldings in
Florida. Additional information regarding radon and r~don testing may be
obtained from your county public health unit.
24. CONTRACT NOT RECOJU>1.BLE: 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
int~re:!t. Whenever the context permits, :singular shall include plural and one gender
shall include all,
2S.~
All notices provided for herein shall be deemed to have been duly given if and when
deposited in the United States Mail, properly stamped ilnd addressed to the respective
party to be notified, including the parties to this contact, the patties attorneys, escrow
agent, inspectors, contractors and all other:! who will in any way act at the behest of the
parties to satisfy all term~ and conditions of this contract.
26, ASSIGNABILITY: PERSons BOUND
This contract is not assignable The terms "Buyer", "Seller", and "Broker" lif anyl may
be singular or plural, This Contract is binding upon Buyer, Seller, and their heirs,
personal representatives, successors and As..signs lif assignment is permitted) ,
27, ATTORNEY FEES: COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled
to recover reasonable attorney's foes and costs,
28, TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract
1n conflict with them.
Page " of 5
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2 g, 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 eXpen~e 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 thh agreementl 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.
30. EFFECT OF PARTIAL INVALIDITY
The invalidity of any ptovision of this contract will not and shall not be deemed to
effect the validity of Bny 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 i! they had been executed by both parties
subsequent to the expungement of the invalid provision,
31, GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed
by; construed, and enforced in accordance with the laws of the State of Florida.
32; COUNTERPARTSI FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one instrument, A facsimile
copy of this contract, including any addendum, attachments and Bny written modifications
hereof, and any initials or signature thereon shall be deemed an original,
33, SPECIAL CLAUSES
(X) Not applicable, OR ( ) 1uI 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 shall govern.
3(. ENTIRE AGREEMENT
Upon execution by Seller and Buyer; this contract shall constitute the entire
agreement between the parties, shall supersede any and all prior and contemporaneous
written and oral promises; representations or conditions in respect thereto. All prior
negotiations, agreements, memoranda and writings shall be mftrged 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 IN'l'ENDED 'l'O BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVlRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNlNG.
THE SALVATION AIlHY, . ~~79ia
corp ration
58-0660607
D.t.,~
By: I
Security or Tax I.D,n
Print na
Title
I ] APPROVED AND ACCEPTED this _ day of
,199_
countersigned:
CITY OF CLEARWATER, FLORIDA
Rita Garvey, Mayor-Commissioner
By:
Michael J. Roberto, City Manager
Approved as to form And
legal sufficiency:
~TTEST:
\
John Carassas, ~s1stant City Attorney
cynthia E. Goudeau, City Clerk
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. JAMES MILlSPAUGH & ASSOCIATES, INC.
REAL ESTATE APPRAISERS , CONSULTANTS
LICENSED REAL BSTATB BROKER
III 'I\IRNml STREET. CLEARWAll'.R, t1.ORlDA 33756-5111. "JONE (717) "I- UtI. FAXl (727) 4C..t911
F.-MAlLt Jaam.~.M
August 7, 1998
Major Winter
Salvation Army
5885 66th Street North
8t, Petersburg, FL 33701
Salvation Army Shelter
900 Pierce Street
Clearwater Florid
Dear Major'Winter:
As you requested, I have made an appraisal of the market value of the fee simple estate
of the above referenced real property only. The property and methods utilized in arriving at the
final value estimate are fully described in the attached report which contains 25 pages and
Addenda,
This Appraisal Report has been made in conformance with and is subject to the
requirements of the Code of Professional Ethics and Uniform Standards of Professional Practice
of the Appraisal Institute and the Appraisal Foundation, The Appraisal Report and final value
. estimate are subject to all attached Contingent and Limiting Conditions.
I have made a careful and detailed analysis of the subject property and after analyzing
the market data researched for this report, I estimate thajJ.be-mar- value of the referenced real
property only subject to the stated limitations and as oUulv 29, 1998 as:
ONE HUNDRED THOUSAND DOLLARS
~.~
Respectfully submitted,
JAMES MILLSPAUGH & ASSOCIATES, INC,
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mes M, Millspaugh, MAl
JMM:jw
James M. Millspaugh, MAl
Stllf..C.rtlf.d a.".,D1 Rul Enllf. App,.l.., 0000058
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Item #33
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Clearwater City Commission
Agenda Cover Memorandum
Item #:
33
~
Meeting Date:
SUBJECT/RECOMMENDATION:
Approve the agreement with Harvard Jolly Clees Toppe Architects, Inc" St. Petersburg, to provide basic
and additional architectural and engineering services for the new Main Library, at a cost of $828,750 for
basic services and an allowance of $275,614 for additional services for a total of $1,104,364,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
This agreement by and between Facilities Development, Department of Management Services, State of Florida, the Agent
for the Owner, City of Clearwater, the Owner, and Harvard jolly Clees Toppe Architects, Inc. (HJCT), is for the
architectural and engineering (NE) services necessary to provide construction documents as well as bidding services and
construction phase services for the new Main Library, The fees associated with this agreement are based on a
construction budget of $9,750,000. The total budget for this project, including basic NE services, additional NE
services, construction, State of Florida Department of Management Facilities Development Division (FD) services, and a
10% construction contingency will be $12,000,000.
The enclosed agreement was negotiated for the City of Clearwater with the assistance of Facilities Development,
Department of Management Services, State of Florida,
The Basic Services portion of the agreement includes the Programming, Conceptual Schematic Design, Schematic
Design, Design Development, Construction Documents, Bidding and Construction Phases.
The Additional Services portion of the agreement includes the Interior Design, Library Design Consultant, Landscape
Consultant, Technology Consultant, Acoustical Consultant, Graphics & Signage, Environmental Assessment,
Geotechnical, Survey, Renderings, Travel Allowance and Miscellaneous Allowances for the project.
The agreement between Robert A.M, Stern Architects team (RAMSA) and HjCT will be executed upon approval and
execution of the City's agreement with HjCT. The fees to be paid by HJCT to RAMSA total $299,450, RAMSNs portion
of the basic services will be $138,450, Additional services from RAMSA will include Design Consultation for $100,000;
Interior Design for $30,000; Renderings for $13,000 and Travel expenses no to exceed $18,000.
The agreement is available for review in the City Clerk Department.
The project duration will span several fiscal years,
Costs:
$1,104,364 Commission Action:
o Approved
Total 0 Approved w/CondlUons
o Denied
Current fiscal Year 0 Continued to:
N/A
Advertised:
Date:
Paper:
X Not Required
Affected Parties:
tiled
Not Required
Funding Source:
l( CapUi11Improvrmrnl:
o Oprraling:
o Other:
Attachments:
Submitted y:
Appropriation Code
315.93523
City Manag
o Printed on recycled paper
o None
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Interoffice Correspondence Sheet
To:
Mayor and Commissioners
Through:
. Mike Roberto, City Manager
Rich Baier, Public Works Administrator
From:
cc: Arlita Hallam, Library Administrator; Ga Johnson, Transportation & Drainage
Director
Date: November 17, 1998
RE: New Main Library
The agreement for Architectural and Engineering (NE) services for the referenced project is
divided into Basic Services and Additional Services, Basic Services is further subdivded into
the Schematic Design Studies Phase, the Design Development Phase, the Construction
Documents Phase and the Construction Phase as per article nine, page eleven, The agreement
can be put /I on hold" at the end of any of those phases. The agreement can also be
'Iterminated" at any time as per article eleven, page twelve.
A change in the construction budget could result in a change in the NE basic services fee,
This change will proportionally follow the curve established by the attached 1/ Fee Schedule
for Architectural and Engineering ServiceslJ obtained from the State of Florida, Department
of Management Services.
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STATE OF FLORIDA. DEPARTMENT OF MANAGEMENt SERViCES
OMSION OF BUILDING CONSTRUCTION
FEE SCHEDULE FOR ARCHITECTURAl. AND ENGINEERING SERVIces
CONSTRUCT1ON BUOGEr
TENS OF ntOUIINC) HUNDREDS OF THOUSANDQ MUJONSI
Z. 3 it $ 67091 Z! c. S 6789' 2 3 45&7891
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SeMc:es In 1969 Ind 8Ie for ard'l1leaut8l and 8nginNring d'nign. blddlng and c~ seMCes. Including nomw conaultant a.Mea.
ll10se fee curves ~ used only 83 a guiae a:!I suted lr1 ~ 130-3. FtOfiUa AdmlntstnllJv8 Code, wilh thO actual1eos jU9dtled by the 8lCtllIta
or engInD9r submitting. dotaIIliKI preposaIln acecmanc. wIU\ QUldtllnM otthu Division of SullO"'g C01'I$1J\JCtIon. Depanmont Of Managament
SeMca
AdOlIOnal SOMeH~ AacIItIOnaJ MNlc8a are not Included within tna fM CUIVOSL Addltlonal surv\coS may InclUde atrJ apedal COrnlulllnt.1
rIqtdtId by the projeCt end art typically those SGIVices futnished beyond whaI ~ shown in ArtiC'le 3 of the "Form of Agruumem SttWWn Ownor
And Afenil8ct-Engll\I9f'" UMd by the DIvIskx1 at BulIClIng COnstn..raion. MdltIonal sarvlCM most commonly IIIJthotlZed haW bo9n itemized
bOIOw,
CROUP DEFINmONS:
W . CONSIOeRA8LY MORe THAN AVERAGE COMPlSUTY
COmplex \.aborIIrlorie8, CamPBx MedIcal HosrAaID
"8' . MORE lHAN AVERAGE COMPU:XrN
Average t..abQrmofIes. Mtmd HoapIaIa, SImpeo ModlcaI H03pIlBls, CUnIc:s, Court Housos, 11leJaIrQs, Complex Unlveralty BUIldings, SpG<:laI
PUlJXlS8 Oastsfooms, Laboratory Qala.oo.na. Ubraries, ~ Muaeums. Alr Tannlnata, FOOd SeMce FadIIfeI. Specialized Detention
Areas. Oecenuon. TrealnlOnI Ar8im. A~
"C . REPAIRS AND RENOVAnoNS
IIAlSeol!!n8O'JS R~ ami P.e~.;rQ. M;r.Uel\S to cmca Spat>> or Dormitory spaco, Firo Coda Corrvatvll WOrk
'0' . AVERAGe COMPlEXITY
General omcv Space, G.neraI Teaching S~. Gymnasiums, Gonor.II OGtumJon UvItIg Facllmos, Factory BuildIngs
? . LESS THAN AveRAGE CO,MPI.EXITY
A;)anrTKInZ 8u\IdInglI, IJc!n*OIY 8u~ SeMc8 Gatages. Stadlum3, RepeCIIv'8 0esJgn Facilities, Otftca Buildings With
Ul'1deftnecS IntCriot Space (open rat laW patt\tioning), Spec:i8izeQ PII1dng SttucturN
'p. CONSIDERABLY l..ESS lliAN AVERAGI! COMPlEXrTY
Wl1tl"lOUSGl, Partdng Getages, StorIga Facill\los
'G' . ENGINEERING SERVICES . .
ADOmO~ seRVlCESIEXPENSES:
The fOllOwing :servk;ea are c:onskterecl AddItI0naI 10 Bas6C 5eMces ana are ncf InCluded wiINn tno DaStC fee repre$tflt8d by me fe8 CUI\'ti:
. Feasibility $lUCII<<VAnalysoa
. Fac:illry Programming
. MasterPlannlng
· SOils Inve$UgatJanslRepons
. SUtvOys. Topographlcl8oundaryJ
VegvtatianllmprcvementtlUUl1t1es
. Moasured OraMngs at ExistIng FaciIItIos
. ~ FBCUItI9s AnalyS89
· EnGtgy AnalyseI (FlET)
. Asbestos ConlUltallOnlSuNUY5
. En-.-ironrn<<mJI Aae:samonm
. Traffic An8tyses
. StormwalOf Managem.rn Pennlttlng
. environmemailSlto PennItfng
· Theater/ACOustical ConsuItalJOn
. FOOd $eMce Consunaslon
. Landscape ConsultaUon
. lnttriot OoslgnIFumishlngsl
Plantscapl~Ansr.aplng
. Oetal\8d Cost Estimales
. Ute CyCle Cost AnalySes
. Value Ana)yseB
. Ooeum8C"ll3 pr8Plf8d for.
- AJtomlllD Bids RoquestDd By OWner
- Change Orders
. Mulllple Construction ConI:ractS
. Record Documents
. ProJonged ConstructIon Contrad.
AaminiSb'atiOtl ServieIS
. ~ Inspec:llons
. Pro}ect Repl'8S9f1tl%lon Ourlng
ConstnJcUon Boyond -?erioalc
In:speetiOn'
. AddifJOnal ConsuuctJon Contract
AdmInlstra!ion Services tor MUltiple
Contract!
. Post occupancy InspectionS/EvaJuarions
. RendortngslModels
. Changes 10 Scope, Sae Of COmplexltt
. Revi9ions to Prwlous)y .Approved
Oocuments
__ .RelmCursaDIe Expenses ·
· Th0$8 expenalturB3 made by' me Architec.1..engineet in me Imerest 01 the projOc:t and as defined in ArtIcle 6,1 of thO Olvision of 6uilding
constructlon "Form of AgreGment BelWHn OwnCH' and ArchleC:t-Englneer:
EO/EO'd
GOSO~68EI8 'ON Xij~
Sl031IHOMij 10fH ~d Et:lt 30186-Lt-^ON
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~. Clearwater
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Interoffice Correspondence Sheet
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: To:
From:
Mayor and Commissioners
Mike Roberto, City Manager b
. Gary Johnson, Transportation and Drainage Directo+
Rick Hedrick, Deputy City Manager; Rich Baier, Public rks Administrator;
Arlita Hallam, Library Director; Cyndie Goudeau, City Clerk
Date: November 18, 1998
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Through:
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CC:
RE:
Architectural and Engineering agreement for the New Main Library
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Pleasefjnd enclosed the referenced document. Please note the sections detailed below that
address some of the issues that were raised at the Commission Work Session of November 16,
1998
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IIShould the scope of work increase, the Architect-Engineer's Fee
'will be renegotiated at a total percentage that does not exceed the
original percentage of 8,5%, Typically as construction cost
increases the fee percentage is reduced, Should the scope of work
decrease the Architect-Engineer's fee will be reduced in
proportion to the scope reduction".
Paragraph (4): IJThe Architect-Engineer shall include the site
selection as part of the Schematics effort for this project/'
The inclusion of site selection in the Schematics Phase of the project is a concession on the
part of the AlE, Site selection would normally be accomplished for an additional fee under
J'Addi.tion Services" in a standard agreement.
Page 4, section 3.4
Page 2, section 2,1
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STATE OF FLORIDA
DEPARTMENT OF MANAGEMENT SERVICES
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AGREEMENT BETWEEN OWNER, AGENT AND ARCHITECT-ENGINEER
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STATE PROJE~ NO,:
COC-9707S0 10
PROJECT NAME AND LOCATION:
CLEARWATER PUBLIC LIBRARY.
MAIN LIBRARY,.
CLEARWATER, FLORIDA
CONTRACTOR:
TO BE DETERMINED
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ARCHITECT-ENGINEER:
HARVARD JOLLY CLEES TOPPE ARCHITECTS, INC.,
. A FLORIDA CORPORATION.
2114 NINTII STREET NORTH
ST, PETERSBURG. FLORIDA 33704
PHONE: (813) 896-4611
'.
Lawton Chiles,
Governor
William H. Lindner.
Secretary
.AE4
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.
AGREEMENT BETWEEN OWNER AND ARCHITECT-ENGINEER
THIS AGREEMENT
made this _ day of
in the year Nineteen Hundred and Ninety Eight
BY AND BETWEEN FACILITIES DEVELOPMENT. DEPARTMENT OF MANAGEMENT SERVICES. STATE
OF FLORIDA. the AGENT FOR THE OWNER. and HARVARD JOLLY CLEES TOPPE ARCHITECTS. INC.. A
FLORIDA CORPORATION. Federal Tax J.D. Number: 59-1430579. the ARCHITECT-ENGINEER.
ARTICLE 1
THE CONSTRUCTION TEAM AND EXTENT OF AGREEMENT
1.1
The Architect-Engineer accepts the relationship of trust and confidence established between him and the
Owner by this Agreement. He covenants with the Owner to furnish his best skill and judgment and to
cooperate with the Client Agency and the Contractor in furthering the interests of the Owner, He agrees to
provide professional services and to use his best efforts to complete the project in the best and soundest w~y
and in the most expeditious and economical manner consistent with the interest of the Owner.
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1.2
The Construction Team - The Contractor, the Owner. the Agent and the Architect-Engineer. called the
"Construclion Team". shall work from the beginning of planning through fmal construction completion and
shall be available thereafter should additional services be required. The Architect-Engineer will provide
leadership during the design phase with support from the Contractor, and the Contractor shall provide
leadership to the Construction Team on all matters relating to construction.
The specific representatives of the Construction Team are shown in the aUached Exhibit A. which Exhibit A
. .
by reference and attachment hereto forms a part of this Agreement.
1.3 Extent of Agreement - This Agreement for professional services for Proiect Number COC-97075010 entitled
"Clearwater Public Librnrv. Main Library. Clearwater. Florida" . rep'resents the entire Agreement between the
Owner and the Architect-Engineer, This Agreement shall not be superseded by any provisions of the
documents for constructiou and may be amended only by written instrument signed by both the Owner and the
Architect-Engineer.
1.4 Definitions:
Proiect - The Project is the total work to be performed under this Agreement. The Project consists of
planning, design, COllstruction and associated site work to build the component parts of the project.
Agent - The State of Florida, Department of Management Services. Facilities Development, acting through its
Secretary or those persons designated by the Secretary to act in his behalf. as Agent for the Owner pursuant to
the Client Agreement dated
Contractor - TO-SE-DETERMINED
Architect-Engineer - Harvard Jollv Clees Tappe Architects. Inc.. A Florida Corpomtion. 2714 Ninth Street
North. St. Petersburg. Florida 33704.
Proiect Director - The person designated by the Owner to provide direct interface with the Architect-Engineer
with respect to the Owners responsibilities.
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Owner - The Entity that wHJ occupY. use and aMI the project upon substantial completion is the City of
Clearwater. Public Works Administrntion. 1650 North Arcturas Avenue. Clearwater, Florida 33758. The
funds with which the compensation of the architects, engineers. contractors. etc., will be paid arc under control
of the City of Clean vater, based on approval oreach payment by Facilities Development. the State of Florida.
All duties orOwner hereinafter shall be perfonned by Facilities Development acting in its capacity as Agent
for the Owner.
Owner's Representatives - The Project Director, his superiors or his designee.
1.5 . Owner's Construction Budget: Owner's funds budgeted and requested for construction of the Project. The
Owner's Construction Budget is $ 9.750.000.00 . identified in Exhibit B, including all Contractor
management fees, costs of the work and the Owner's and Contractor's construction and interface
contingencies. This Exhibit B by reference and attachment hereto fonns a part of this Agreement.
1,6 Owner's Proiect Budget: The Owner's funds budgeted and requested for the development of the project
including the construction budget and all other fees, land acquisition costs, and olllcr costs necessary to
develop the project. The project budget is $ 12.000.000.00. The component parts are shown in the attached
Exhibit C, which Exhibit C by reference and attachment hereto fonns a part of this Agreement.
1.7 Architect-Emdneer's Personnel - The Architect-Engineer's key personnel shall be as shown by Exhibit A. The
Architect-Engineer shall not deviate from these key personnel without first obtaining the written consent of the
Owner,
ARTICLE 2
COMPENSA TION
THE OWNER AGREES TO PAY THE ARCHITECT-ENGINEER AS COMPENSATION FOR HIS SERVICES:
2.1 For his Basic Services prescribed in Article 3, Sections 3.1 through 3.8.1 (18) hereinafter, the lump sum
amount 0($ 828.750.00, to be paid as prescribed in Article 9.1 hereinafter,
Should the scope of work increase, the Architect-Engineer's Fee will be renegotiated at a total percentage that
does not exceed the original percentage of 8.5%. Typically as construction cost increases the fee percentage is
reduced. Should the scope of work decrease the Architect-Engineer's fee will be reduced in proponion to the
scope reduction.
For his Additional Services as listed in Exhibit G an allowance of $ 275.614.00 is established and may be
authorized by the Owner or Agent as required for the benefit oflhe project.
2.2 For Additional Services defined in Article 4 hereinafter to be paid as a Lump Sum, the Lump Sum prescribed
in the authorization.
2.3 For Additional Services defined in Article 4 hereinafter to be paid as a multiple of Actual Payroll Costs, the
multiples shown below shall be applied to the Actual Payroll Costs for those Additional Services defined in
Article 4 hereinafter. Actual Payroll Costs shall be defined as the cost of salaries or wages paid directly to
personnel engaged on the Project. The multiples being applied to the Actual Payroll Costs cover overhead,
profit and fringe benefits such as, but not limited to, social security contributions, unemployment taxes, excise
taxes, payroll taxes, worker's compensation, health and retirement benefits, bonuses, sick leave, vacation and
holiday pay. The Overhead, Profit & Fringe Benefit Multiplier for Finns not listed below will be approved by
the Owner's Project Director when authorizing additional services required for the project.
2
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FIRM
OVERHEAD, PROFIT & FRINGE
BENEFIT MULTIPLIER
2.67
Harvard Jolly Clees Toppe Architects
2.4 Reimbursable expense as defined in Article 8 hereinafter, not exceeding the limits of Section 112.061 of the
Florida Statutes.
ARTICLE 3
ARCHITECT~ENGlNEER'S BASIC SERVICES
3,1 THE ARCHITECT.ENGINEER AGREES TO PROVIDE BASIC PROFESSIONAL SERVICES FOR THE
PROJECT AS HEREINAFTER SET FORTH.
*3.2 PROGRAMMING PHASE
(1) The Architect~Engineer shall consult with the Owner to ascertain the requirements.
(2) He shall provide the services prescribed in the attached Exhibit D, which Exhibit D by reference and
attachment hereto fonns a part ofthi!. Agreement.
(3) He shall submit to the Owner for review and approval the Periodic Work Products prescribed in the
attached Exhibit E, which Exhibit E by reference and attachment hereto fonus a part of this
Agreement.
.3.3 . CONCEPTUAL SCHEMATIC DESIGN PHASE
(I)
The Architect.Engineer shall prepare, from the approved Programming Phase Documents" the
Conceptual Schematic Design Studies for all components as necessary to achieve a solution
acceptable to the Owner. The Conceptual Design Studies shall consist of sketches, concepts,
orgWlization, orientation, relationship to existing and future facilities, energy conservation
approaches and equipment parameters necessary to clearly define the general scope and direction of
the project.
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(2)
The Architect-Engineer shall coordinate the development with the Contractor and provide to the
Owner a review and comment of the Contractors estimates.
(3) The Architect-Engineer shall provide and distribute ~ hard (paper) copies and I electronic copy
of the Conceptual Schematic Design Studies Documents for review and comment as directed by the
project director.
3.4 SCHEMATIC DESIGN PHASE
(I) The Architect-Engineer shall prepare, from the approved Documents, the Schematic Design Studies,
defining the recommended solution, The Schematic Design Studies will consist of plans, sections,
elevations, outline specifications, and other details necessary to fully describe the design intent.
(2) TIle Architect-Engineer shall coordinate the development with the Contractor and provide to the
Owner a review and comment of the Contraclors estimate.
(3) The Architect-Engineer shall provide and distribute ~ hard (paper) copies and I electronic copy
of the Schematic Design Studies Documents for review and comment as directed by the project
director.
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(4) The Architect-Engineer shall include the site selection as part of the Schematics effort for this
project.
3.5
DESIGN DEVELOPMENT PHASE
(1) The Architect-Engineer shall prepare, from the approved Schemalic Design Studies
Documents, the
-Not required for this Project.
Design Development Documents consisting of plans, elevations nnd other drawings, including
perspective sketches and outline specifications to fix and illustrate the size and charactcr ofthc entire
project in its essentials as to kinds of materials, type of structure, mechanical, electrical systems,
civillsitework and such other work as may be required.
The data included shall be sufficient to finnly fix the scope of the project, enabling the Contractor to
provide the Owner with a Guaranteed Maximum Price for construction.
(2) The Architect-Engineer shall coordinate the development with the Contractor and provide the Owner
with a review and comments of the Contracto~s estimates and Guamnteed Maximum Price.
(3) The Architect-Engineer shall provide and distribute -1.!L- hnrd (paper) copies and t electronic copy
ortlle Design Development Documents for review and comment as directed by the project director,
3,6 CONSTRUCTION DOCUMENTS PHASE
(I) The Architect-Engineer shan prepnre, from the approved Design Development Documents, Contract
Documents consisting of Working Drawings and Specifications and setting forth in detail-the work.
(2) The Contract Documents shall be prepared in Bid Groups for specific work as designated by the
Contractor with the Agreement of the Construction Team.
(3) The nontechnical documents consisting of the necessat)' bidding infonnation, General Conditions of
the Contract, Supplementary General Conditions of the Contract, Division one of the specifications,
proposal and contract fonn shall be prepared by the Contractor. The Architect-Engineer shall review
and provide the Owner his comments on these documents.
(4) The Architect-Engineer shall provide and distribute -1.!L- hard (papcr) copies and t electronic copy
ofthe Contract Documents for each Bid Group for review and comment, including the nontechnical
documents, as directed by the project director.
(5) Upon approval by the project dircclor of the Contract Documcnts for each bid group. the Architect~
Engineer shall furnish to the C~ntractor mylar prints of all drawings and camera ready copy of all
specification data.
. (6) TIle Architect-Engineer will provide the Owner witIl two copies of tJle documents for each bid group,
which shall be properly sealed and forwarded to the Project Director and FCO Manager. Copies of
the Contract Documents for the Architect-Engineer's use will be the responsibility of the Architect-
Engineer, Upon approval of the Contract Documents, the Archilect-Engineer will furnish the Owner
with.1... copies ofthc CADD Documents as described in Article 3.6 (II) hereinbelow.
(7) The Architect-Engineer, consulting with the Construction Team, shall prepare necessary addenda to
eaeh Bid Group and provide m)'lars or camera ready copy of each as appropriate to the Contractor.
AU addenda, prior to distribution, shall be approved by the Project Director. Copies of each
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addendulll, properly scaled, shall be forwarded to the Project Director and FCO Manager.
(8) The Architect-Engineer shall cooperate in the development of each bid group with the Contractor and
provide to the Owner review and comments on the Contractors prebid estimate of each bid group
package.
(9) The Architect-Engineer shall provide Contract documents (Design Documents, Specifications, etc.)
which confonn to applicable building codes (see Chapter 600-7, Florida Administrative Code) and
zoning codes and generally accepted construction industry standards.
(10)
(11)
The Architect-Engineer shall signify his responsibility for the Contract Documents prepared pursuant
to this Agreement by affixing his signature, datI: and seal thereto as required by Chapters 471 and
481, Florida Statutes. If the facility being consttUcted meets the definition ofa threshold building as
defined in Chapter 553,71(7), Florida Statutes, then the Architect-Engineer shall insert the following
statement on each sheet required by Chapters 471 and 481, Florida Statutes, to be signed, sealed and
dated by the Architect-Engineer:
To the best of my knowledge, the plans, specifications and addenda comply with the
applicable minimum building code!';.
Where this Agreement provides for the Owner's approval of the Architect-Engineer's design
suggestions and decisions, such approval shall not relieve the Architect-Engineer of any
responsibility or warranty hereunder.
When the facility being designed under this Agreement meets the definition of a threshold building
as defined in Chapter 533.7 I (7), Florida Stntutes, the Architect-Engineer must prepare and submit to
the Owner's pennitting Section two (2) copies of a Threshold Building Inspection Plan, 111is
Threshold Building Inspection Plan must give specific inspection procedures and schedules so that
the building will be adequately inspected for compliance with the permitted construction documents.
Since a building pecmit for construction of a threshold building cannot be obtained until this
Th.reshold Building Inspection Plan has been submitted to the Owner's Pennitting Section, Ute
Architect-Engineer must submit this Threshold Building Inspecti~n Plan to the Owner's Pennitting
Section simultaneously with the 100% Completed Construction Documents.
The Architect-Engineer, whether utilizing a computer aided design and drafting application (CADD)
or a manual design and drafting technique, shall provide the Owner with two (2) sets of disk files at
the conclusion of 100% Construction Documents defined in Article 3.6(1). Drawing files will be
compatible with the latest DOS or Windows release of "AutoCad" in a .dwg file format and will
contain all font, symbol, block and attribute files used to assemble the documents. Technical
specifications shall be in a Microsoft Word or ASCII file format suitable for acceptable translation to
Microsoft Word. Disk files may be submitted on high density 1.2 megabyte or 1.44 megabyte
flexible media, with the contents of each disk appropriately labeled. Layering of drawing files will
confonn to the "CADD Layering Guidelines", Recommended Designations for Architecture,
Engineering and Facility Management; Computer-Aided Design", published by the American
Institute of Architects. The Archilect-Engineer shall also provide with the disk files a directory ofthe
layers used and the identification of each layer.
3.7 BIDDING PHASE
(I) The Contractor shall be responsible for administering the bidding of each Bid Group.
(2) The Architect-Engineer shall evaluale product equals at the request of the Contractor and make a
decision on each in a timely manner.
5
(3) The Architect-Engineer shall attend lhe prcbid conference IlI1d bid opening for each Bid Group.
(4) The Architect-Engineer will assist the Contractor in evaluating nil bids received and provide
comment and recommendation to the Owner on each proposed authorization for work.
3.8 CONSTRUCTION PHASE
3,8. t Construction Phase - Administration of the Construction Contmct Work under Contract to Contractor.
(1) The Construction Phase will commence with a written authorization trom the Contracts
Administrator for Construction to begin and, together with the Architect-Engineer's obligation to
provide Basic Services under this Agreement, will tcnninate when final payment to Ute Contractor is
made, or in the absence ofa final Certificate for Payment or of such due date, J20 days after the date
of Substantial Completion ofthe total project, whichever occurs first.
(2) Unless othenvise provided in this Agreement and incorporated in Ute Contract Documents, the
Architect-Engineer shan provide administration for the Construction contract as set forth below and
in the Conditions of the Contracts for Construction, as developed by the Contractor with the approval
of the Architect-Engineer and Owner.
(3) The Architect-Engineer shall be a representative of the Owner during the Construction. and shall
advise and consult with the OWner, Instructions to the Contractor shall be forwarded through the
Architect-Engineer. The Architect-Engineer shall have authority to nct on behalf of the Owner only
to the extent provided in the Contract Documents unless otherwise modified by written instrument in
.accordance with Subparagraph (18).
(4) The Architect-Engineer shall provide periodic visits to the site as prescribed in Exhibit F to be
generally familiar with the progress and quality of the Work and to determine in general if the Work
is proceeding in accordance with thp. Contract Documents. This Exhibit F by reference and
attachment hereto fonus a part of this Agreement. On the basis of such on-site observations of the
Architect-Engineer, the Architect-Engineer shan keep the Owner informed of the progress and
quality of the Work, and shall endeavor to guard the Owner against defects and deficiencies in the
Work ofthe COlmactor.
(5) The Architect-Engineer shall not have control or charge of and shall not be responsible for
construction means. methods, techniques, sequences or procedures. or for safety precautions and
programs in connection with the Work, for acts or omissions of the Contractor, subcontractor or any
other persons perfonning any of the Work, or for failure of any of them to carry out the Work in
accordance with the Contract Documents. The Architect-Engineer shall not be responsible for lhe
Contractor.
(6) The Architect-Engineer shall at all limes have access to the Work wherever it is in prepamtion or
progress.
(7) Based on the Architect-Engineers observations at the site, the recommendations of the Contractor
and an evaluation of the Application for Payment, the Architect-Engineer shall dClennine the
amounts owing to the Contractor and shall issue a Certificate of Payment in such amounts, as
provided in the Contract Documents.
(8) The issuance of a Cenificate for Payment shall constitute n representation by the Architect-Engineer
to the Owner that. based on the Architect's observation at the site and on the datn comprising the
Appliclltion for Payment. Work has progressed to the point indicated; that, to the best of the
Architect's knowledge, information and belief. the quality of Work is in accordance with the Contra<:t
Documents (subject to an evaluation of Work for confonnnnce with the Contract Documents upon
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Substantial Completion, to the results or any subsequent tests required by or performed under the
Contract Documents, to minor deviations from the Contract Documents correctable prior to
completion, and to any specific qualifications stated in the Project Certificnte for Payment); and that
the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate
for Payment shall not be a representation that the Architect-Engineer has made any examination to
ascertain how or for what purpose the Contractor has used the monics paid on account of the
Contract Sum.
(9) Should disagreement occur between the Contractor and Architect-Engineer over acceptability of
work and conformance with the requirements of the specifications and plans, the Project Director
shall be the final judge ofperfonnance and acceptability.
(10) All interpretations and decisions of the Architect-Engineer shall be consistent with the intent or. and
reasonably inferable fr;)m, the Contract Documents, and shall he in writing or in graphic form.
(II) The Architect-Engineer's decision in matters relating to artistic effect shall be final if consistent with
the intent of the Contract Documents. The Architect-Engineer's decisions on any other claims,
disputes or other matters, including those in question between the Owner and the Contractor, shall be
subject to claims provisions provided in this Agreement and in the Contract Documents.
(12) The Architect-Engineer shall have authority to reject Work which does not conform to the Contract
Documents. Whenever, in the Architect-Engineer's reasonable opinion, it is necessary or advisable to
insure confonnance with the provisions of the Contract Documents, the Architect-Engineer shall
have authority to require special inspection or testing of Work in accordance with the provisions of
the Contract Documents, whether or not such work be then fabricated, installed or completed; but the
Architect-Engineer shall take such action only after consultation with the Contractor and Owner,
(13)
The Architect-Engineer shall receive submittals such as Shop Drawings, Product Data and Samples
from the Contractor and shall review and approve or take other appropriate action upon them, but
only for confonnance with the design concept of the Project and with the infonnation given in the
Contract Documents. Such action shall be taken with reasonable promptness so as to cause no delay.
The Architect-Engineer's approval of a specific item shall not indicate approval of an assembly of
which the item is a component.
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(14)
The Architect-Engineer shall review and approve or take olher appropriate action on Change Orders
prepared by the Contractor for the Owner's authorization in accordance with the Contract
Documents.
(15) The Architect-Engineer shall have authority to order minor changes in Work not involving an
adjustment in a Contract Sum or an extension ofa Contract Time and which are not inconsistent with
the intent of the Contract Documents. Such changes shall be eITected by written order issued to the
Contractor endorsed by the project director.
(16) The Architect-Engineer, assisted by the Contractor, shall conduct inspections to determine the dates
of substantial completion and linal completion and shan issue appropriate Certificates.
(17) The Architect-Engineer shan assist the Contractor in receiving and forwarding to the Owner written
warranties and related documents assembled by the Contractors.
(18) The extent of the duties, responsibilities and limitations of authority of the Architect-Engineer as a
representative of the Owner during constnlction shall not be modified or extended without the
written consent of the Owner.
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ARTICLE 4
ADDITIONAL SERVICES OF THE ARCHITECT~ENGINEER
4.1 The following services cause the Architect.Engineer extra expense. If any of these services are previously
authorized in writing by the Owner (Contracts Administrator, or FCO Manager, or Project Director), they shall
be paid for by the Owner as a Lump Sum or as a Multiple of Direct Personnel Expensc, whichever is specificd
in the authorization.
4.2 Additional services due to significant changes in general scope of the Project or its requirements including, but
not limited to, changes in size, complexity, or character of construction.
4,3 Rcvising previously approved drawings or specifications to accomplish changes.
4.4 Providing Detailed Cost Estimates.
4,5 When required by the Owner, preparing documents for Change Orders.
4,6 Consultation concerning replacement of any work damaged by fire or other cause during construction and
furnishing professional services of the types set forth in Article 3 as may be required in connection with the
replacement of such work.
4.7 Arranging for the work to proceed should the Contractor deFault due to delinquency or insolvency.
4.8 Providing prolonged contract administration and observation of construction should the construction contract
time be exceeded by morc than 25% due to no fault of the Architect-Engineer. The Architect-Engineer's
efforts necessary to accomplish Substantial Completion and Final Completion inspections are included as a
basic service and shall not be considered as an item of prolonged contract administration and observation,
regardless of when perfonned.
4.9 Revising drawings to show changes made during !he construction process, based on murked up prints,
drawings and other data furnished by the Contractor.
4,10 Project Representation Beyond Basic Services.
(1) If the Owner and the Architect-Engineer agree that more extensive representation at the site than is
. descr~bed in Paragraph 3.8 shall be provided, the Architect-Engineer shall provide one or more
additional Project Representatives to assist the Architect-Engineer in canying out such
responsibilities at the site.
(2) Such Project Representatives shall be selected, employed and directed by the Architect-Engineer, and
the Architect-Engineer shall be compensated therefore as mutually agreed between the Owner and
the Archi~ect~Engineer, as set Forth in an authorization under this Agreement, which shall describe
the duties, responsibilities and limi~ations of authority of such Project Representatives.
(3) Through the observations of such Project Representatives, the Architect-Engineer shall endeavor to
provide further pro~ection for the Owner against defects and deficiencies in Work. but the furnishing
of such Project representation shall not modify the rights, responsibililies or obligations of the
Architect~Engineer as described in Section 3.8.
4.11 Services of special consullnnts, for other than the nomlal structural, mechonical, electrical and civil
engineering services, and services of estimators making detailed cost estimates.
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4.12 Services of consultants providing surveys, subsurface investigations and testing.
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Additiomtl services in connection with the Project not oUterwise provided for in this Agreement.
ARTICLE 5
TIME
The Architect-Engineer shall perfonn Basic and Additional Services as expeditiously as is consistent with
professional skill and care and the orderly progress of the Project. The project schedule shown as Exhibit G
shall be amplified in further detail by the Contractor with the agreement of the Archilect-Engineer which
agreement sh~n not be unreasonably withheld.
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ARTICLE 6
THE OWNER'S RESPONSIBILITIES
The Owner shall provide full infonnation as to his requirements for the Project.
The Owner shall designate representatives authorized to act in his behalf. He shall examine documents
submitted by the Architect-Engineer and render decisions pertaining thereto promptly to avoid unreasonable
delay in the progress of the Architect-Engineer's work. He shall observe the procedure of issuing orders 'to
Contractor only through the Architect-Engineer,
The Owner shall retain a Contractor to manage the Project. The Contractor's services, duties and
responsibilities will be as described in the Agreement Between Owner and Contractor. The Tenns and
Conditions of the Owner/Contractor Agreement win be furnished to the Architect-Engineer and will not be
modified without notification of the Architect-Engineer,
6.4 The Owner shall furnish or direct the Architect~Engineer to obtain, at the Owner's expense, a certified survey
of the site giving, as required, grades and lines of streets, alleys, pavements and adjoining property; rights of
way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the
building site; locations, dimensions and complete data pertaining to existing buildings, other improvements
and trees; full infannatian as to available service and utility lines, both public and private; and test borings and
pits necessary for detennining subsoil conditions. The Architect~Engineer's services in obtaining this data by
others shall be included in basic services.
6.5 The Owner shall pay for stmctural, chemical, mechanical, soil mechanics or other tests and reports, if
required.
6.6 The Owner shall arrange and pay far such legal, auditing and insurance counseling services as may be
required by the Owner for the Project.
6.7 If the Owner observes or otherwise becomes aware of any defect in the Project, he shall give prompt written
notice thereof to the Architect-Engineer and Contractor.
6,8 If the estimate of Construction Cost or Delailed Cost Estimates are in excess of any limit stated herein, the
Owner may give wrillen approval of an increase in the limit or he shall cooperate in revising the project scope
or quality, or both, to reduce the cost as required.
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ARTICLE 7
CONSTRUCTION COST
7,1 DEFINITION
(I) The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the
Project designed or specified by the Architcct.Engineer. The construction cost shall not exceed the
Owner's Construction Budget. The Owner's construction budget is set forth in Article I and Exhibit
B.
(2) The Construction Cost shall also include the cost of labor and materials furnished by the Owner and
any equipment which has been designed, specified, selected or specially provided for by the
Architect-Engineer, It shall also include the Conlrnctor's compen'illtion for services, Reimbursable
Costs and the cost of work provided by tile Contractor,
(3) Construction Cost does not include the compensation of the Architect-Engineer and the Architect-
Engineer's consultants, the cost of the land, rights-of-way, or other costs which are tile responsibility
of the Owner.
7,2 RESPONSrBILITY FOR CONSTRUCTION COST
(I) The Architect-Engineer, as a design professional familiar with the construction industry, shall assist
the Contractor in evaluating the Owner's Project budget and shall review the estimates of
Construction Cost prepared by the Conlrnctor. It is recognized, however, that neither the Architect.
Engineer, nor the Owner has control over the cost of labor, materials or equipment, over the
Contractors' method of detennining Bid prices, or over competitive bidding, market or negotiating
conditions. Accordingly, the Architect-Engineer cannot and does not warrant or represent that Bids
or negotiated prices will not vary from the Project budget proposed, established or approved by the
Owner, or trom the estimate of Construction Cost or other cost estimate or evaluation prepared by the
Contractor.
.f
(2)
No fixed limit of Construction Cost shall be established as a condition of this Agreement by the
furnishing, proposal, or establishment of a Project budget, unless such fixed limit has been agreed
upon. If such a fixed limit has been established, the Contractor will include contingencies for design,
bidding and price escalation and the Conlrnctor will consult with the Architect-Engineer to detennine
what materials, equipment, component systems and types of construction are to be included in the
Contract Documents, to make reasonrlblc adjustments in the scope of the Project, and to include in
the Contract Documents alternate Bids to adjust the Construction Cost to the fixed limit.
(3) If Bids are not received within the time scheduled at the time the fixed limit ofConstnlction Cost was
eSlablished due to causes beyond the Architect-Engineer's control, any fixed limit of Construction
Cost established as a condition of this Agreement shall be adjusted to reflect any" change in the
general level of prices in the construction industry between the originally scheduled dale and the date
on which Bids are received.
(4) If a fixed limit of Construction Cost is exceeded by the sum of the lowest figures from bona tide Bids
of negoliated proposals, plus the Contractor's estimate of other elements of Construction Cost for the
Project, the Owner shall (I) give wrillen approval of an increase in such fixed limit, (2) authorize
rebidding or renegotiation of the Project or portions of the Project within n reasonable time, or (3)
cooperate in revising the Project scope and quality as required to reduce the Construction Cost. In
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the case of Item (3) the Architect-Engineer shall modify the Drawings and Specifications as
necessary to comply with the fixed limit, without additional cost to the Owner if the Architect has
concurred in the Contractor's estimate of Construction Cost. The providing of such service shall be
the limit of the Architect-Engineer's responsibility arising from the establishment of such fixed limit,
and having done so, the Architect-Engineer shall be entitled to compensation for all services
perfonned in accordance with this Agreement, whether or not the Construction Phase is commenced.
ARTICLE 8
REIMBURSABLE EXPENSES
8,1 Reimbursable Expenses include actual expenditures, not incidental to the services defined in Article 3, not
exceeding the limits of Section 112.061 of Florida Statutes, made by the Archhect.Engineer in the interest of
the Project for the following incidental expenses. All reimbursable expenses require previous written
authorization from the Owner (the Contracts Administrator or the FCO Manager, or the Project Director).
(I) Expense of transportation and living of principals and employees when traveling in connection with
services other than those defined in Article 3; reproduction of draWings and specifications, excluding
copies for Architect-Engineer's office use and sets at each phase for the Owner's, Contractor and
Using Agency's review and approval and sets furnished under Article 3; and fees paid for securing'
approval of authorities having jurisdiction over the Project.
(2) Premium portions of overtime.
(3) Expense of any additional insurance coverage or limits, including professional liability insurance,
requested by the Owner in excess of that nonnaUy carried by the Architect-Engineer nnd the
Arch itcet- Engineer's consulli1I1 ts.
ARTICLE 9
PA YMENTS TO THE ARCHITECT-ENGINEER
9.1 PA YMENTS ON ACCOUNT OF ARCHITECT-ENGINEER'S SERVICES
(I) Payments against the following lump sum portions of the Basic Services Fee shall be made monthly
in proportion to the percentage of cach completed during the previous month:
Schematic Dcsign Studies Phase
Upon Submittal of Documents. . . . . . . . . .
Upon Approval of Documents ....,.....
Design Development Phase
Upon Submittal of Documents. . . . . . . . . .
Upon Approval of Documents ..'".....
Construction Documents Phase
Upon Submittal of 100% Completed Documents, .
Upon Approval of roO% Complctcd Documents. , .
Construction Phase .......,...,...
Totals "...,.....,.....,...
$ 93.234.00
31.078.00
155.390.00
51.797.00
217.547.00
72.516.00
207.188.00
$ 828.750.00
(2) Payments for Additional Services of the Archilect-Engineer as defined in Article 4 hereinabove lis n
Lump Sum shall be made as prescribed in the Authorization.
(3) Payments for Additional Services of the Architect-Engineer's services as defined in Article 4
hereinabove as a Multiple of Actual Payroll Costs, nnd for Reimbursable Expcnse as defined in
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Article 8 hereinabove, shall be made monthly upon presentation ora detailed invoice.
(4) Forty (40) calendar days shall be allowed for the Owner's inspection and approval of the goods and
services for which any invoice has been submitted.
9,2 PA YMENTS WITIlHELD
No deductions shall be made from the Architect-Engineer's compensation on account of penalty, liquidated damages or
. other sums withheld from payments to Contractor, or on account of changes in Construction Cost other than those for
which lhe Architect is held legally liable.
9.3 PROJECT SUSPENSION OR ABANDONMENT
If the Project is suspended or abandoned in whole or in part for more than three months, the Architect shall be
compensated for all services performed prior to receipt of written notice from the Owner of such abandonment, together
with Reimbursable Expenses then due.
ARTICLE 10
ARCHITECT-ENGtNEER'S ACCOUNTING RECORDS
Records of the Architect-Engineer's Direct Personnel, Consultant, and Reimbursable Expense pertaining to this project
shall be kept on a generally recognized accounting basis and shall be available to the Owner or his authorized
representative at mutually convenient times.
ARTICLE 11
TERMINA TrON OF AGREEMENT
11.1
Termination For Cause Or Mutual Agreement
This Agreement may be terminated by either party upon seven (7) days' notice by mutual agreement,
or should one party fail substantially to perform in accordance with its terms through no fault of the
other. Also, this Agreement may be unilaterally terminated by the Owner for refusal by the
Architect-Engineer to allow public access to all documenls, papers, letters or other material subject to
the provisions of Chapter 119, Florida Statutes, and made or received by the Architect-Engineer or
his consultants in conjunction with this Agreement. In the event of termination, due to the fault of
others than the Architect-Engineer. the Architect-Engineer shall be paid for services performed to
termination date, including reimbursements then due plus proven terminal expense.
11.2
Tennination For Convenience
The performance of work under this contract may be tenninatcd by the Owner in accordance with
this clause in whole, or from time 10 time in part, whenever the Owner shall detennine that such
termination is in the best interest of the Owner. Upon tennination. the Architect.Engineer shall be
entitled to payment and profit for work completed to the time of termination, only. 11le percentage
of completion shall be delennined by the Owner. based upon the approved Schedule.
ARTICLE 12
REUSE OF DOCUMENTS
The Documents prepared pursunnt to this Agreement shall not be used on other projects except by agreement in
writing. The Owner may, at his own expense. obtain a set of reproducible record prints of drawings and other
12
documents, or if required by the Owner, the Archilect-Engineer shall deliver to the Owner the original tracings, but in
such' event the Owner at his own expense shall furnish the Architect-Engineer with a set of reproducible record prints
thereof,
ARTCCLE 13
SUCCESSORS AND ASSIGNS
The Owner and the Architect-Engineer each binds himself, his partners, successors, assigns and legal representatives to
the other pany to this Agreement and to the partners, successors, assigns and legal representatives of such other party in
respect of all covenants of this Agreement. Neither the Owner nor Ule Architect-Engineer shall assign, sublet or
transfer his interest in this Agreement without the written consent of lhe other.
ARTICLE 14
CLAIMS AND DISPUTES
. The provisions of Chapter 604, Florida Administrative Code arc referred to and
adopted by reference as though set forth herein.
Under the tenus of this contract the Architect-Engineer shall not have any right to compensation othcr than, or in
addition to, that provided by this contract to satisfY any claim of any kind whatsoever unless the claim therefor is
delivered to the Owner within ninety (90) days from the date on which the act or event constituting the basis of such
claim occurs. Failure to present any claim arising under this contract within the ninety (90) day time period specified
above shall constitute waiver and abandonment of claimant's right to seck admin:strative consideration of said claim.
All such claims shall set fonh in a petition addressed to the Owncr staling:
(I) The Architect.Engin,eer's name and business address;
(2) A concise statement of the ultimate facts, including a statement of all disputed issues of material fact,
upon which the claim is based;
(3) A concise statement ofrlle provisions of the contract, togelher with any federal, state and locr.llaws,
ordinances or code requirements or customary practices and usages in the tradc or profession asserted
to be applicable to the questions presented by the claim; and
(4) A demand for that specific reliefto which the Architect.Engineer deems himself entitled.
Within thirty (30) days from the receipt of any petition setting forth the claim, the Owner shall provide the Architect-
Engineer its written response stating Owner's position with respect to each claim asserted. Thereafter, upon not less
than fifteen (I S) days notice to the claimant, the Department shall convene a proceeding pursuant to the rules of
procedure of the Department and shall thereafter enter a final order upon the petition,
The'venue for all civil and administrative actions against the department shall be in Leon County, unless otherwise
ngreed by the parties.
ARTICLE 15
PROHIBITION AGAINST CONTINGENT FEES
"The Architect (or registered land surveyor or professional engineer, as applicable) warrants that he has not employed
or retained any company or person, othcr than a bona tide employee working solely for the architect (or registered land
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surveyor, or professional engineer, as applicable) to solicit or secure this agrecment Rnd that he bas nol paid or agrccd
to pay any person, company, corporation, individual or firm other than a bona fide employce working solely for the
architect (or registered land surveyor or professional engineer, as applicable) nny fee, commission, percentage, gift, or
any other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of this provision, the Owner shall have the right to terminate this Agreement without liability and, at his
discretion, to deduct from the Basic Services Compensation, or otherwise recover, the full amount of such fcc,
commission, percentage, gift. or consideration".
ARTICLE 16
SPECIAL PROVISIONS
16.1 The Architect-Engineer must use the latest edition of the Professional Services Guide (PSG) provid~d by
Facilities Development, Department of Management Services, State of Florida. It is fumished to assist the
Architect-Engineer in the performance of his services under this Agreement. Since this document is merely a
guide, the Architect-Engineer must discuss the specific requirements of this project with the Owners Project
Director and utilize only those portions of this document which apply. The Architect-Engineer should request
the latest edition of the PSG and the Project Director will provide a copy,
16.2 Monthly Reports:
(1) It shall be the responsibility of the Architect-Engincer to fully inform the Owncr of the progress of
the Planning and Design. To this end the Architect-Engineer shall fumish the Owner (project
Director and Manager of Project Development) with a complete and descriptive status report and a
forecasted completion schedule at the end of each month following the receipt of the signed contract
document. The Architect-Engineer shall furnish these reports until a contract award is made for
construction at which time the reports described in (2) shall be furnished.
(2) The Architect-Engineer shall complete Facilities Development Monthly Construction Report each
and every month based on knowledge obtained through observation of the construction work. 111e
Architect-Engineer shall submit this report to Facilities Development, (Project Director, and Manager
of Project Development) on or before the first day of each month.
16.3 The Architect-Engineer shall take minutes of all meetings held with the Owner andlor Client Agency and shall
provide copies oftlle same to the Owner and Client Agency within ten (10) days following such meetings.
16.4 Bills; Travel Expenses
Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper
preaudit and postaudit thereof. Bills for any travel expenses shall be submitted in accordance with procedures
specified in Section 112.061 of the Florida Statutes governing payments by the State for travel expenses.
Travel expenses, when authorized, may be reimbursed in an amount not to exceed the maximum amount
established in Section 112.061.
16.5 By execution of this Agreement, the Architect-Engineer certifies that the wage rates and other factual unit
costs supporting the Basic Services compensation specified in Article 2, Section 2.1 are accurate, complete
and current at the time of negotiations for this Agreement; and that any wage rates or other factual unit costs
fumished the Owner in the future to support additional service proposals will also be accurnte, complete and
current at the time of submitting such proposals. The Architect-Engineer agrees that Basic Services
Compensation hrld any authorized additional service compensation shall be adjusted to exclude any
significant sums by which the Owner detcnnines such compensations were increased due to inaccurate.
incomplete or noncurrent wage rates and olher factual unit costs. The Owner and the Architcct+Engineer
agree that all such adjustments in compensation shall be made within one year following completion of the
services covered by this Agreement.
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16,6 Architect-Englneer's Payment Rights Architect-Engineers providing goods and services to the Owner should
be aware of the fonowing time frames. Upon receipt, the Owner has forty (40) calendar days to inspect and
approve the goods and services (see Article 9.1(4) hereinabove). The Owner has twenty (20) days to deliver a
request for payment (voucher) to the Department of Banking And Finance. The 20 days are measured from
the latter of the date the invoice is received or the goods or services are received, inspected and approved.
If the payment is not available to the Owner for transmittal to the Architect-Engineer within 40 days, a
separate interest penalty set by the Comptroller pursuant to section 55.03, Florida Statutes, will be due and
payable in addition to the invoice amount. To obtain the applicDb]e interest rate, please contact the Agency's
Fiscal Section at (850) 487-9891. The 40 days are also measured from the latter of the date the invoice is
received or the goods or services are received, inspected and approved. Interest penalties of less than one (I)
dollar will not be enforced unless the Architect-Engineer requests payment. Invoices which have to be
returned to an Architect-Engineer because of Architect-Engineer preparation errors will result in a delay in the
payment. The invoice payment requirements do not start until a properly completed invoice is provided to the
Owner.
A Vendor Ombudsman has been established within the Department of Banking And Finance. The duties of
this individual include acting as an advocate for vendors who may be experiencing problems in obtaining
timely payment(s) from a stDte Dgency, The Vendor Ombudsman may be contacled at (904)488-2924 or by
calling the State Comptroller's Hotline, 1-800-848-3792.
16,7 Public Entity Crime lnfonnation Statement
"A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime may not submit a bid on a contract to provide any goods and services to a public entity, may not
submit a bid on a contract with a public entity, for the construction or repair of a public building or public
work, may not submit bids on leases ofrenl property to a public entity. may not be awarded or perfonn work
as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not
Ir3nsact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list."
16.8 Unauthorized Aliens
The Department shall consider the employment by any contractor of unauthorized aliens a violation of section
274A(e) of the Immigration and Nationalization Act. Such violations shall be cause for unilateral cancellation
of this contract.
16.9 Contracts Which Require Annual Appropriation; Contingency Statement
No executive branch public officer or employee shall enter into any contract on behalf of Ihe State, which
contract binds the State or ils executive agencies for the purchnse of services or tangible personal property for
a period in excess of I fiscal year, unless the following statement is included in the contract: "The State of
Florida's performance and obligation to pay under this contract is contingent upon an annual appropriation by
the Legislature,
16.10 Electronic Mail Capabilities
The Architect-Engineer must have electronic mail capabilities through the World Wide Web. It is the
Intention of the Department of Management Services to use electronic communication whenever possible for
all projects. When possible, plans and specifications for review purposes will also be transmilled
electronically to the Department of Management Services. The Architect-Engineer shall provide its electronic
mail address and a name of a point of contnct for electronic communications.
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IN WITNESS WHEREOF. the parties hereto have executed this Agreement the day and year flIst written above.
ARCI-nTECT -ENGINEER
Attest:
APPROVED:
By
BY~~
(Corporate President's Signature)
As Witnessed:
William B. Harvard. Jr,
(Type Corporation President's Name)
By'fY\Ll~ D.1?~
HARVARD JOLLY CLEES TOPPE
ARCHITECTS, INC., A
A FLORIDA CORPORATION
(Type Corporation Name)
'.
(Corporate Seal)
AGENT
As Witnessed:
APPROVED:
ByX~~7! ~
By
H.R. ought
Contracts Administrator,
Facilities Development,
Department of Management Services
Approved As To Fonn And Legality:
By
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IN WITNESS WHEREOF. the parties hereto have executed this Agreement tIte day and ycnr first written above.
OWNER
As Witnessed:
ATTEST:
By
Cynthia E. Goudeau)
. City Clerk . .
APPROVED:
By
Micbael J. Roberto,
City Manager
Approved As To Fonn And Legatilty:
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"~Carassas)
Assistant City Attorney
Countersigned:
Rita Garvey
Mayor-Commissioner
17
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Lany Roemer
Tom Berley
H,R, Hough,
Harold Bammd
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Gary Johnson
ArUta W, Hallam
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Architect.Engineer
John Tappe
Contractor
To Be Detennined
. To Be Detennined
To Be Detcnnincd
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EXHIBIT A
CONSTRUCTION TEAM ASSIGNED REPRESENTA TlVES
Project Director
Managett Central Project Development
Section
Contracts Administrator
Acting Director
Project Direclor
Director
Project Principal
Project Executive
Project Manager
Project Superintendenl
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EXHIBIT B
gWNERtS CONSTRUCflON BUDGET
ITEM DESCRIPTION
CONSTRUCTION BUDGET
TOTAL CONSTRUCTION BUDGET
'S 9,750~OOO.OO
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EXHIBIT C
OWNERIS PROJECT BUDGET
CONSTRUCTION BUDGET
.$ 9,750,000.00
828,750.00
275,614.00
10.00
ARCHITECT~ENGINEER COMPENSA nON (BASIC)
ARCHITECT~ENGINEER - ADDITIONAL SERVICES ALLOWANCE
INOEMNIFICA TION
MISCELLANEOUS ADS & REPRODUCTION COSTS ALLOWANCE
'CHANGE ORDER CONTINGENCY ALLOWANCE
10,000.00
965,000,00
170,626.00 .
$ 12,000,000.00
DMS FEES
TOTAL
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EXHIBIT O.
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PROGRAMMING PHASE SERVICES
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-Not Applicable for this Project
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EXHIBIT E*
PERIODIC WORK PRODUCT
PROGRA~GPHASEDATA
. NO.OF
COPIES
TO SUBMIT
SUBMIIT AL
SCHEDULE
(DAYS")
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*Not Applicable for this Project.
"For submittal of the first Periodic Work Product., this wiII be the number of calendar days following authorization for
the Architect-Engineer to proceed with the project. For submittal of Periodic Work Products after the first. this will
be the number of calendar days following the Owner's approval of the previous Periodic Work Product.
22
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lNDIVlDUAVS NAME
Jonathan R, Toppe
Ward Friszol6wski
Phil Roach
Mark Erkkila
Brenda Morawa
Allen Tuthill
Donny Walker
JorRe Riveria
Jeffrev'lzzo
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EXHIBIT F
-
PLANNED PERIODIC VISITS DURING CONSTRUCTION
INDIVIDUAL'S "DISCIPLJNE
Architecture
Architecture
Architecture
Structural
Mechanical
E1ectJ::ical
P1umbin~
Construction Admin.
Civil
PLANNED PERIODIC VISITS
12
59
60
10
6
6
6
12
4
I.
TO BE COMPLETED BY ARCHITECT-ENGINEER.
23
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EXHIBIT G
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PROPOSED ADDITIONAL SERVICES ALLOWANCE
ALLOWANCE
SERVICE
INTERIOR DESIGN
$ 30,000.00
100,000,00
25,000.00
LIBRARY DESIGN CONSULTANT
LANDSCAPE CONSULTANT
TECHNOLOGY CONSULTANT
ACOUSTICAL CONSULTANT
GRAPHICS & SIGNAGE
42,000.00
10,000,00
10,000.00
5,000,00.
ENVIRONMENTAL ACCESSMENT
, GEOTECHNICAL
6,500,00
7,500.00
SURVEY .
RENDERINGS
Exterior, (2 Each @ $4,000)
Interior ( 2 each @ $2,500 )
8,000.00
5,000.00
18,000.00
8,614.00
S275,614,OO
TRAVEL
MISCELLANEOUS ALLOWANCE
TOTAL
....
24
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Item #34
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Gleanvater City CommIssion
Agenda Cover Memorandum
Item II:
3L/
ll"q.q~
Meeting Dale:
SUBJECT/RECOMMENDATION:
Approve the Client Agency Agreement with the State of Florida Department of Management Services
Facilities Development Division for Program Management Services for the new Main Library, at a cost of
$ 1 70,626, in accordance with the agreement,
lBl anu that the appropriate officials be authorized to execute same.
SUMMARY:
· The City wishes to retain the services of the State of Florida Department of Management Services Facilities
Development Division (FD), as permitted by Chapter 255,31, Florida Statutes, for providing program
management services for the new Main Library.
· The FD has provided similar services to the various branches of State government for many years. Their
clients have included Universities, Junior Colleges, local school boards, the correctional system, etc,
Recent legislation has allowed local municipalities to utilize the services of the FD for building
construction projects.
. The FD will provide the following services:
· Direction/consultation to the architect/engineer in the conceptual schematics phase, the construction
documents phase, the biddi ng phase and the construction phase.
· Prequalification and selection of contractors and subcontractors, contractor fee negotiations, contractor
contract preparation and execution, contractor design phase services, contractor construction phase
services and contract close out services,
· The FD negotiated the agreement for Architectural/Engineering (NE) services for this project. Their
involvement in this phase of the project saved the City approximately $695,000, The original NE services
quote was approximately $1,800,000, The negotiated agreement is in the amount of $1,104,364.
. The agreement is available for review in the City Clerk Department.
. The project duration will span several fiscal years,
. The FD's fee is 1.42% of the project budget.
Reviewed by:
legal
Budgct ~
PurchasIng
Risk Mgmt,
IS
ACM
Othcr N/A
Costs:
$170,626
Total
Commission Acrlon:
o Approved
o Approved wlCondlllons
o Dented
o Conl/nued to:
User Department:
Current fiscal Year
Submitted br
. City M~nagJ'
o Printed on recycl~ piptr
AdvertIsed:
Date:
Paper:
X Not Required
Affected Parties:
otlfled
o Not RequIred
Funding Source:
x Co1pllal fmprovemenh
o OperaUng:
o Olher:
Attachments:
Appropriation Code
315-93523
o None
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STATU OF FLORJDA
DEPAR.TMENT OF MANAGEMENT SERVICES
FACILJTIES DEVELOPMENT (FD)
BUILDrNG 4030, SUITE 315
4050 ESPLANADE WAY
TALLAHASSEE, FLORIDA 32399.0950
FORM'OF AGREEMENT BETWEEN
CLIENT AND AGENT
. COC~970750 ) 0
PROJECT NAME AND LOCATION: CLEARWATER MAIN LIBRARY.
CLEARWATER, FLORlDA
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CLIENT:
clearWatcrb'bca
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CJIT OF CLEAR WATER
P.Q, BOX 4748
CLEARWATER, FLORIDA 33758
PHONE NO,: (813}462-4010
LaW10n Cbilcs
Governor
wmiam H. Lindner
Secretary
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AGREEMENT FOR SERVICES
THIS AGREEMENT
made this _ day of
. in Ule year Nineteen Hundred and Ninety Eight
BY AND BETWEEN FACILlTIES DEVELOPMENT (FD). DEPARTMENT OF MANAGEMENT SERVICES.
STATE OF FLORIDA. hereinafter caned the AGENT or FD. and
CITY OF CLEAR WATER..
P,O. BOX 4748.
CLEARWATER, FLORlDA 33758
hcrinafter called the CLIENT or OWNER.
WITNESSETH. that whereas the CLIENT wishes to relain the services of FD. as pcnnitted by Chapter 255.31.
Florida Statutes, for providing certain program management services for the Project described on the cover page of
this Agreement.
NOW THEREFORE. FD and the CLIENT. for the considerations hereinafter set forth. agree as follows:
Article l. FD agrees to furnish those Program Management Services described in the attached Exhibit I. which
Exhibit 1 by reference and attachment hereto forms a part of this Agreement.
Article 2, The Project Budget is as shown in the attaclled Exhibit ll. which Exhibit 11 by reference and attachment
hereto fonns a part orthis Agreement
Article 3, The proposed schedule is as shown in the attached Exhibit Ill, which Exhibit III by reference and
attachment hereto fonns a part orthis Agreement
Article 4. FD is aulhorized and requested to enter into agreement with architects, engineers, contractors, etc.. using
FD fonns and procedures. for the design. bidding and construction of those parts of the Project. The CLIENT
understands and agrees that those agreements will designate FD as the AGENT for the OWNER and wilt contain a
provision substantially as follows:
The entity that will occupy, use and own the Project upon substantial completion is City of Clearwaler.
P.O, Box 4748. Clean...ater, Florida. The funds with which the compensation of the architects.
engineers. contractors, etc., will be paid are under the control of City of Clearwater, P.O. Box 4748.
Clearwater, Florida, Payments under this contract, as prescribed hereinabove, will be made by City of
Clearv.'ater, P ,0, Box. 4748, Cleanvater, Florida, based on approval of each payment by FD. Department
of Management Services, State of Florida.
CLIENT agrees that, the agreements shall be deemed to be the agreements of the CLIENT in view of the fact that
the funds are under the control of the CLIENT and FD will not have responsibility to make payments on the
agreements even though FD is a signatory to the agreement,
Article S. CLIENT agrees to designate a representative for the Project to be solely responsible for all CLIENT.
actions under this agreement, and who will receive, review and respond in a timely manner to all questions and
requests from FD; and to pay. within thirty (30) calendar days. all invoices approved by FD and transmitted to the
CLIENT for payment, not exceeding the portions of the budget shown on the attached Exhibit II.
Article 6, FD does not guarantee the Project can be completed within the budget 'shown in the Bltsched Exhibit II.
but docs agree not to commit funds in excess of this budget without mutual agreement and an Amendment to this
agrecment authorizing such increase, .
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Article 7. FD's fees for the various program management services are based on a Project Budget of $12,000,000,00
and shall be as follows:
ONE H~DRED SEVENTY THOUSAND, SIX HUNDRED TWENTY SIX DOLLARS (S170,626,OO)
If the Project Budget is increased in excess of $500,000.00 then FO's fee shall be increased by 1.42% of the revised
budget in excess of $12,500,000.00.
.",
Article 8, FD's administrative fees prescribed in Article 7 hereinabove, will be invoiced once for the tolal amount
due and payments arc to be made in 30 consecutive monthly payments against the invoice based on an 30 month
final completion date. In the event that the project is completed sooner, the balance of FO's administrative fees
shall become due 30 days after final completion of the project.
. S 170,626.00 + 30 months = $5,687.53
29 Equal Monthly Payments of $5,687,00
I Final Monthly Payment of $5,703.00
Article 9. Additional Services will be performed for a separate fee to be negotiated and authorized later, Such
services may include, but are not limited to the following:
Attendance at Special Board meetings or workshops
Article 10. This Agreement may be temlinated by either party upon seven (7) days' notice by mutual agreement, or
should one party fail substantially to perform in accordance with its tenns through no fault of the other. In case of
teJ1TIination, FD. its Contractors and Architect-Engincer's shall be paid for services performed up to the date of
tennination and any reasonable additional costs that FD. it's Contraclors and Architect-Engineers may incur as a
result oftcnninating this agreement.
2
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, IN WITNESS WHEREOF. the parties hereto have executed this Agreement the day and year first written
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CIlY OF CLEARWATER, FLORIDA
APPROVED:
<.;
By:
Michael J, Roberto
City Manager
Approved As To Fonn:
Attest:
By:
Cynthia E. Goudeau
City Clerk
By:
John Carassas
Assistant City Attol11ey
FACILITIES DEVELOPMENT.
DEPARTMENT OF MANAGEMENT SERVICES.
STATE OF FLORIDA
APPROVED:
By:
H.R. Hough.
Contracts Administrator.
By:
Approved As To Form And Legality:
By:
Office of General Counsel.
Department of Management Services.
State of Florida
3
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EXHIBIT I
SCOPE OF SERVICES
Facilities Development. Department of Management Services, State of Florida, hereinafter referred to as -FO",
proposes to provide the following program management services for the projects identified on the face of this
Agreement:
1. AlE's Conceptual Schematics Services
. FD WILL;
Provide DirecdonJConsullntion To The NE As Required RC8arding Scope, Additional
Services, Procedures, etc.
Provide Information To The AlE Regarding Permitting Agencies and Codes to Use
Provide Budgetary Direction To The AlE
Participate tn Value Engineering Analysis To Provide The Best Project Within Budget
Review Plans For Architectural, And Civil And Provide Comments To
The AlE
Monitor The Schedule For Submittals And Establish Dates For Reviews
Reviews AlE Requests For Additional Services For Scope. Completeness, Fairness
. Issue AlE Additional Services Authorizations Agreed Upon
Receive, Review and Approve ME Invoices For Services Rendered Versus Contract
Conditions
Process AlE lnvoices To Proper Accounting Office For Vouchering
Review And Analyze Cost Eslimates
Assure Meetings Are Documented And Minutes Distributed To All Parties
Assure All Decisions Required For That Particular Design Phase Are Made
Issue Approval To AlE To Proceed Into Next Phase
THE FOLLOWING WILL BE PROVIDED BY THE AlE UNDER CONTRACT TO FD
Design Team Meeting & Minutes
Plan For Master Plan Compliance
Site Plan
Studies And Reports Relative To Site
Description Of Zoning & Its Restrictions
FJoor PJans, Elevations, Building Sections & Sketches
Existing Facilities Arrangements & Relationships
Details As Required
Program Area & Budget Review
Cost Analysis
Project Schedule Update
Local Requirement Review
Additional Service Recommendations
Schematic Phase Checklist
Distn'butc Documents
Review Meeting With Owner & Others
2, AlE's Construction Documents Phase Services
FD WILL;
Provide Direction/Consultation To The AlE As Required Regarding Scope, Additional
Services. Procedures, etc.
Provide Infonnation To The NE Regarding Permitting Agencies and Codes to Use
Provide Budgetary Direction To The AlE
Participate In Value Engineering Analysis To Provide The Best Project Within Budget
Review Plans For Architectural, Mechanical, Electrical And Civil And Provide Comments To
.TheAIE .
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Reviews AlE Responses And/Or Revblons Duc To FD (And Oilier RevIewing Agencies Comments)
Monller The Schedule For Submittals And Establish Dates For Reviews
Reviews NE Requests For Additional Services For Scope, Completeness, Fairness
Issue ME Additional Services Authorizations Agreed Upon
Receive, Review And Approve AlE Invoices For ServIces Rendered Versus Confract Conditions
Process AlE Invoices To Proper Accounting Office For Voucherlng
Review And Analyze Cost Estimates
. Review Specifications
Assure Meetings Arc Documented And Minutes Distributed To All Parties
Assure All Decisions Required For That Particular Design Phase Ate Made
Issuc Approval To AlE To Proceed Into Next Phase
THE FOLLOWING WILL BE PROVIDED BY THE NE UNDER CONTRACT TO FO
Conferences With CLIENT
50% Documents Review
Non-Technical Specifications
Fleet/Solar Energy
Codes Certification
Check List
Cost Estimates
Area Analysis
Color Schedules
Handicapped Check List
Drawings
Technical Specifications
Bid Packages
Ahemates
Mechanical Test And Balance
100% Documents Review
100% Review Response
3, AlE's Bidding Pbase Services (If Applicable)
FD WILL; .
Prepare Sample Advertisement For AlE To Use In Newspapers
Issue State MaE Directory To The NE To Be Made Available To Contractors (As Required
To Meet Project Goals)
Monitor Addenda For Scope And Clarity
Participate In Bid Openings
Review Contracts Financial Qualifications And Experience
Make Recommendations For Bid Award
THE FOLLOWING WILL BE PROVIDED BY mE AlE UNDER CONTRACT TO FD
Prepare Camera Ready Copy Of Documenls For Each Bid
Package
Prepare &. Issue Addenda
Attend Bid Openings
Award Recommendations
4, AlEfs Construction Pbase Services
FD WILL;
Prepare And Issue The Notice To Proceed
Participate With The AlE And Contractor In The Initial Construction Conference
Review The Contractor.s Schedule For The Project
Participate In AU Monthly (Or Bi-WeekIy) Team Meetings
Assure AU Team Meetings MC Documented And Minutes Sent To AU Parties
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Review Contractors LIst or Subcontractors
Review Monthly RFI, AS I, Submittal, Shop Drawings And Other Logs For Timeliness
Rcview Contractor's Progress Against TIle Schedule On A Monthly (Or Dl- Weekly) Basis
Analyze Change Order Proposals For Scope, Need, Completeness, Fairness
Recommend Change Orders As Required
Review Contractor'sPay Requests
Process Pay Rcquesls To The Appropriate Accounting Office For Vouchering
Participate In Monthly Inspections Wilh The ME
Particlpare In Substantial Completion Inspections
Participate In Final Completion Inspections
RevIew And Sign Affidavits Of Completion
THE FOLLOWING WILL BE PROVIDED BY mE ME UNDER CONTRACT TO FD
Initial Constructi~m Conferences
Project Sign Design
Monthly Construction Conferences
Review .contractor's Progress Schedule
Review Contractor's List Of Subcontractors
Review Contractor's Shop Drawings
. Transmit Payron Records Required By Federal Grants
Review As-Built Drawings
Clarification Documents
Monthly Status Report
Site Visits And Reports
Monthly Contractor Payment Reviews
Review Testing Invoices
Change Orders
Claun Reviews And Correspondence
Substantial Completion Inspection
Final Completion Punchlist
Final Inspection
Review Contractor's Affidavits Of Completion
Review Contractor's Guarantees And Operating Manuals
Review Contractor's As-Built Drawings
5, Contractor Selection
FD WILL;
Establish Contractor Selection Team Consisting Of FD. AlE &
CLIENT Personnel'
Advertise For Qualified Contractors
Prepare Project Scope Information For Contractors
Answer Contractor's Questions
Verify Contractor Prequalitication Criteria
County & State Licensure/Certification/Corporation
Analyze Previous Experience On Similar Projects
Analyze Management Staff & Experience
Analyze Site Management Capability
Analyze Present Workload
Schedule/Arrange Contractor Selection Meetings
Conduct Preliminary Selections, Reducing Applicants To S
Contractors
Publish Shortlist Results Of Contractor Selections
Debrief Unsuccessful Contractors
Brief Successful Contractors
Conduct Interview, With Remaining 5 Contractors
6
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Preference
Debrief Ranked Contractors
6. Contractor Fec Negotiations
FD WILL;
Establish Contractor Negotiation Team Consisting Of FD.
AlE & CLIENT Personnel
Prepare & Publish Detailed Scope For Contractors
Notify Number 1 Contractor Of Negotiation &. Proposal
Requirements
Answer Number I Contractots Questions
Receive & Analyze Proposal From Number J Contractor
Conduct Pre-Negotiation Conference With Negotiation Team
Conduct Negotiations of Con tractor's Fee With Number Z Contractor
Establish On-Site Design Personnel Requirements
Establish Off-Site Design Personnel Requirements
Establish On-Site Construction Personnel Requirements
Establish Off-Site Construction Personnel Requirements
Establish General Conditions Requirements
Establish Design & Construction Phase Fee
Establish Overhead & Profit Fee
Establish Preliminary Schedule Requirements
Establish Conslnlction Team, Consisting Of FD. CLIENT.
AlE & Contractor Personnel
Coordinate With CLIENT
Distribute Results Of Negotiation
Obtain CLIENT Approval
7. Contractor Contract PrepnrationlExecut(oD
FO WILL;
Prepare Contract On PO's Fonn For Contractor. FD and CLIENT's Execution
Prepare Performance Bond On FO's Form In Budget Amount
Prepare Labor & Material Payment Bond On FO's Fonn In
. Budget Amount
Prepare Certificate Oflnsurance On FO's Fonn
Prepare Assignment Of Con lTacl or's Anlibllst Rights To CLIENT
On FO's Form
Process Contract Documents To Contractor For Execution
Receive Executed Documents Back From Contractor &
Thoroughly Check For Proper Execution
Execute Documents and route to CLIENT for Final Execution
Give Contractor Notice-To-Proceed With Design Phase Services
8. Contractor's Design Phase Servlct3
FD WILL;
Participate With The AlE And Contractor/eM In Plan Reviews At Each Submittal Phase
Participate With The AlE And Contractor/eM In Value Engineering Alternative
Design/Construction Approaches
Review AU Contractor/CM Estimales
Review Contractor/eM GMP With The Team And R~commend For Contracting
Explore Tax Savings And Irnprement Procedures As Necessary
7
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TUE FOLLOWING WILL BE PROVlDEO BY TUE CONTRACTORlCM UNDER CONTRACT TO
FD (WITHOUT ASSUMING DESIGN RESPONSIBILITIES)
Distribute Document Package
Schedule Familiarization Meeting
Conduct Familiarization Meeting
Manage Requests For Infonnatlon
Pricing & Value Engineering (VE)
Review & VE Site Civil
Review & VB Mechanical-Electrical Systems
Review & VB Structural Systems
Review & VE Roof & Exterior
Review &:. VB AOA Compliance
Review & VB Detail Coordination
Evaluate Construction Phasing
Evaluate Constructability
. Propose Guaranteed Maximum Price (GMP)
Negotiate Final GMP & Conditions'
Document Final GMP & Conditions
Review Final GMP & Conditions With CLIENT Team
Obrain CLIENT Team Approval Of Final GMP & Condifjons
Amend Contractor's Contract To Reflect Final GMP/Conditions
Prepare GMP Amendment To Construction Contract
Process GMP Amendment To Contractor For Execution
Receive Executed Amendment Back From Contractor &
Thoroughly Check For Proper Execution
Execute GMP Amendment On Behalf Of CLIENT
Process Executed GMP Amendment To Contractor
9. Coniraclor's Construction Phase Services
FD WILL;
Prepare And Jssue The Notice-To-Proceed
Participate With The AlE And Contractor In The Initial Construction Conference
Review The Comractor's Schedule For The Project
Participate In All Monthly (Or Bi. Weekly) Team Meetings
Assure All Team Meetings Are Documented And Minutes Sent To AU Parties
Review Contractor's List Of Subcontractors
Review Monthly RFI. AS!, Submittal. Shop Drawings And Other Logs For TimeHness
Review Contractor's Progress Against The Schedule On A Monthly (Or Bi-Weekly) Basis
Analyzt Change Order Proposals For Scope, Need, Completeness, Fairness
Recommend Change Orders As Required
Review Contractor's Pay Requests
Process Pay Requests To The Appropriate Accounting Office For Vouchering
Participate In Monthly Inspections With The AlE
Panicipate In SubstantiaJ Completion Inspections
Participate ]n Final Completion Inspections
Review And Sign Affidavits Of Com pIeri on
THE fOLLOWING WILL BE PROVIDED BY THE CONTRACTOR/CM UNDER CONTRACT TO
FD (WlTHOUT ASSUMING DES]GN RESPONSIBILITIES)
Coordinate Contractor's Project Promotion & Advertisement
Contact Qualified Sub. Contractors
Promote Through Associations & Exchanges
Promote MBE participation To Make Good Faith Effon
Toward Meeting District Board Of Trustees Requirements
Use FD & CLIENT Databases OfJnterested Contractors
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FD & CL.IENT To Participate In Pre-Did Meetings & Bid
Openings
Coordinate Contractor"s Review Of r 00% Construction
Documents
Give Contractor Notice-To.Proceed With Construction
Coordinate Contractor's Project Infonnation Management
Key Personnel Contacts
Budget & Financial Data
Project Construction Scheduling
Construction Progress Conference Scheduling
Interface With Construction Management Systems
Initial Team Construction Conference
Maintain Constructive Agenda
Document Potential Areas OfConcem
Develop Subcontractor Coordination Plan
Review Construction Critical Path
Confinn Communications Network
. Weekly Team Meetings
Monthly Team Meecings
'Prepare For Meetings
Attend Meetings
Prepare Monthly Report
Review Submittal Schedule
Identify Long-Lead Submittals
Coordinate Review Pcdods With Construction Schedule
Review Budget Status
Review Value Analysis Reports
Perfonn Quality Control Observations
Review Constnlction Schedule
Review Change Proposals, Reviews And Implementation Are
To Be By The Construction Team On Changes To The GMP
That Are Less Than $100,000, Those Changes Equal To
Or Greater Than $100,000 Will Require CLIENT Approval,
Review MBE Par1icipation Reports
. Review Testing Reports
Review Building Code Inspection Reports
Review Requests For Payment & Transmit To CLIENT For Review
& Payment
Establish Transition Team
Monitor As-Built Development
Substantial Completion Inspection
Review NE Certifications
Expedite & Verify PunchJist Corrections
Review Warranties & Submittals
Final Inspection & DOE Certification
.
10, Occupancy Services (Additional Service to Owner)
FD WILL;
Assure Staff Training Occurs For Equipment
THE FOLLOWING WILL BE PROVJDED BY THE CONTRACTOR/CM UNDER CONTRACT TO FD
(WITHOUT ASSUMING DESIGN RESPONSIBILITIES)
Review Occupancy Requirements
Coordinate Maintenance & Operational Training
Review Systems Testing & Certifications
9
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EXHII3IT II
PROJECT BUDGET
Construction Budget
AlE Basic Fee'
AlE Addllionat Services Allownnce
. Indemnification
Miscellaneous Ads & Reproduction Costs Allowance
. Change Order Contingency Allowance .
FO's AcbUinistiative Fee .
TOTAL
$ 9t750,OOO,OO.
$ 828,750.00
$ 275,614.00
S 10.00
S 10,000.00
S 965,000,00
$ 170.626.00
$12,000,000:00
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Clearwater City Commission
Agenda Cover Memorandum
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Meeting Date: ~~)
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SUBJECT: Adopt Resolution 98-58, a Highway Landscape Maintenance Memorandum of
Agreement, with the Florida Department of Transportation so that aesthetic improvements can
be made to the Gulf-to-Bay pilot project corridor,
RECOMMENDATION/MOTION: Adopt Resolution 98-58 for the Gulf-to-Bay pilot project,
[gJ and that the appropriate officials be authorized to execute s;)me.
BACKGROUND:
· The revitalization of Gulf-to-Bay Boulevard is a key component in the City's IIOne City. One
Future," Blueprint. As Clearwater's IlGrand Boulevard", enhancing the Gulf-ta-Bay corridor will
. leave a positive impression on visitors and residents alike,
· The Department of Transportation requires a Memorandum of Agreement to allow landscaping
within their right-of-way,
. Funding is available in the Gulf-to-Bay (S.R. 60) Corridor Beautification project.
Reviewed by: ~ OrlglnBtlng OBPBrtmBBf_ Costs: Commission Action:
legal Pul:lic Works - o Approved
Budget NA Totel o Approved w/Condltlonll
PurchealnlJ NA User Dopartment: o Denied
Risk MlJmt, NA Curront Flllcel Vellr o Continued to:
IS NA Funding Source:
ACM XCIIPllld lmprovomllllt:
City Englnoer h4t~> Advertlsod: 0
Opllflltlng:
Other NA Date: 0 Attachments:
Othllf:
Pepor:
Submitted by: X Not RequIred Appropriation Codo
elt, Man.,,, 1 Affected Parties:
_ I..Olmoa X None
X Not RequIred
MOA with DOT for Gulf-to-Bey
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RESOLUTION NO. 98-58
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, AUTHORIZING THE EXECUTION OF A,
HIGHWAY IANDSCAPE MAINTENANCE MEMORANDUM OF
AGREEMENT BETWEEN THE CITY OF CLEARWATER AND
THE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, FOR BEAUTIFICATION OF THE
PILOT CORRIDOR ALONG S . R. 60 TO BE PERFORMED
BY THE CITY; PROVIDING AN EFFECTIVE DATE.
.
WHEREAS, Gulf-to-Bay Boulevard is Clearwater's ~Central
Boulevard", and
WHEREAS, the 'Gulf-to-Bay corridor provides regional
access'to Downtown and the Beach, and
WHEREAS, aesthetic improvements to this vi tal corridor
will shape the impression of tourists, commuters, and residents and
reflect the City's high quality of life; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY' OF CLEARWATER, FLORIDA:
Section 1. The City Commission hereby accepts and
approves the Highway Landscape Maintenance Memorandum of Agreement
between the City and the state of Florida, Department of
Transportation, for the beautification of the pilot corridor along
S. R. 60.
Section 2. This resolution shall take effect immediately
upon adoption.
PASSED AND ADOPTED this
day of
, 1998.
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
~~
000 Carassas
Assistant City Attorney
-
Cynthia E. Goudeau
City Clerk
Resolution No. 98-36
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HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into as of the day of
, 199_, by and between the STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida.
hereinafter called the "Department" and "City of Clearwater''. a political subdivision of the State
of Florida, existing under the Laws of Florida, hereinafter called the "Local Governmenr,
WIT N e 5 SET H:
WHEREAS, the Department owns State Road 60 right-of-way consisting of road
Improvements and grassed areas abutting thereon located between Old Coachman Road
and U.S. HiQhwav 19 In Pine lias County, Florida (the "Project Hlghway"); and,
WHEREAS, the Department has responsibility for operation and maintenance of the
State Highway System; and
WHEREAS, the Local Government is desirous of beautifying the Project Highway at its
sole expense by installing landscaping which would improve and enhance its aesthetic quality;
and,
WHEREAS, the Department is authorized to contract with local governmental entities
for the performance of its duties where it can be documented that such entities can perform
the duties more cost effectively; and
WHEREAS, the parties hereto recognize the .need for entering into an agreement
designating and setting forth the responsibilities of each party in maintaining the landscaping;
and
WHEREAS, the Local Government by Resolution No, 98-58, a copy of which is
attached hereto as Exhibit "An. has authorized its officers to execute this agreement on its
behalf.
NOW THEREFORE, for and in consideration of the mutual benefits that flow each to
the other, the parties covenant and agree as follows:
I, The Local Government shall install landscaping and irrigation systems on those
areas of the Project Highway as specified in the Construction Plans and Specifications
attached hereto as exhibit "S", all of which are hereby Incorporated herein and made a part
hereof by this reference and all of the work in connection therewith begin hereinafter referred
to as the "Projecr. In no event shall the Local Government change or deviate from the Project
plans and specifications without prior written approval of the Department. It is the Intent of the
parties hereto that except as otherwise provided in Paragraph 8 and 10 hereof, the Local
Government shall be the owner of the landscaping and irrigation systems comprising the
Project.
.c,..,....
--
"
HIGHWAY LANDSCAPE MAINTENANCE MEMORANDUM OF AGREEMENl:
THIS AGREEMENT, made and entered into as of the , day of
, 199_, by and between the 5T ATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida,
hereinafter called the "Department" and "City of Clearwater", a political subdivision of the State
of Florida1 existing under the Laws of Florida. hereinafter called the "Local Government",
W' T N E SSE T H:
WHEREAS, the Department owns State Road 60 right-of-way consisting of road
improvements and grassed areas abutting thereon located between Old Coachman Road
and U.S, HiQhwav 19 in Pinellas County, Florida (the "Project Hlghway"); and,
WHEREAS, the Department has responsibility for operation and maintenance of the
State Highway System; and
WHEREAS, the Local Government is desirous of beautifying the Project Highway at its
sole expense by installing landscaping which would improve and enhance its aesthetic quality;
and,
WHEREAS. the Department is authorized to contract with local governmental entities
for the performance of its duties where it can be documented that such entities can perform
the duties more cost effectively; and
WHEREAS, the parties hereto recognize the need for entering into an agreement
designating and setting forth the responsibilities of each party in maintaining the landscaping;
and
WHEREAS, the Local Government by Resofution No, 98-58. a copy of which is
attached hereto as Exhibit "Aft, has authorized its officers to execute this agreement on its
behalf.
NOW THEREFORE. for and in consideration of the mutual benefits that flow each to
the other, the parties covenant and agree as follows:
1. The Local Government shall install landscaping and irrigation systems on those
areas of the Project Highway as specified in the Construction Plans and Specifications
attached hereto as exhibit "S", all of which are hereby incorporated herein and made a part
hereof by this reference and all of the work in connecUon therewith begin hereinafter referred
to as the "Projeer, In no event shall the Local Government change or deviate from the Project
plans and specifications without prior written approval of the Department. It is the intent of the
parties hereto that except as otherwise provided in Paragraph 8 and 10 hereof. the Local
Government shall be the owner of the landscaping and irrigation systems comprising the
Project.
MOA.I
12/97
All installations and construction performed pursuant to this Agreement shall be performed in
accordance with all applicable laws, rules, procedures and guidelines of the Department. Prior
to beginning any construction or Installation, the Local Government shall verify with the
Department what the applicable requirements are. In the event that any Installations are at
any time determined by the Department to not be in conformance with the applicable
requirements, or are determined to be interfering with the safe and efficient operation of any
transportation facility. or are, otherwise, determined to pre:lent a danger to public health.
safety. or welfare. said Installation shall be immediately brought into departmental compliance
at the sole cost and expense of the Local Government. In the event that the Local
Government fails to Immediately remove such installations. or In the event that an emergency
exists, the Department, at its option. may proceed with removal of such installations and
charge the cost thereof to the Local Government.
2. The Local Government at all times shall maintain the Project In a reasonable
manner and with due care in accordance with Department guidelines and standards.
Specifically, the Local Government agrees to carry out the following maintenance
responsibilities:
(a) removal of litter from the Project Highway;
(b) watering and fertilization of all plants;
(e) mulChing of all plant beds;
(d) keeping plants as free as practicable from disease and harmful insects;
(e) weeding the Project premises routinely;
(f) mowing and/or cutting grass;
(g) pruning all plants, specifically removal of all dead or diseased parts of plants and
pruning of all parts of plants which present a visible hazard to those using the
roadway; and
(h) Removal or replacement In their entirety of all dead or diseased plants or other
parts of the Project that have fallen below project standards, All replacements
should be of the same grade, size and specification as originally provided for in the
plans and specifications.
The Local Government agrees to repair. remove or replace at its own expense all or part of the
Project that falls below Project standards caused by the Local Government's failure to maintain
the same in accordance with the provisions of this paragraph, In the event any part or parts of
the Project, incll:lding plants. have to be removed and replaced for whatever reason, they shall
be replaced by parts of the same grade, size and specification as provided in the original plans
for the Project. Furthermore, the Local Government agrees to keep litter removed from the
Project Highway,
2
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MOA.I
12197
Construction and Maintenance of the Project shall be subject to periodic inspections by the
Department. In the event that any of the aforementioned responsibilities are not carried out or
are otherwise determined by the Department to not be in conformance with the applicable
Project standards, the Department, in addition to its right of termination under Paragraph 8,
may at iis option perform any necessary maintenance without need of any prior notice and
charge the costs thereof to the Local Government.
3, The Department's Local Maintenance Office shall be notified forty-eight (48) hours
In advance of commencing any construction or maintenance activities, The Local Maintenance
Engineer with responsibility for the roadway within this Project Is Brian Bennett located at
5211 Ulmerton Road t telephone number 570-5101 ,
4. The Local Government stipulates that they have submitted caples of the
landscaping plans to all utilities with facilities within the project limits for their review and
comment. Any conflicts and/or concerns raised by the utilities are to have been resolved by
the Local Government prior to the execution of this agreement. Letters to this effect from each
utility are to be submitted by the Local Government to the Department. Prior to commencing
any field activities on this project, the Local Government is to notify all the utilities of their work
schedule so that any affected utilities can be field located and marked to avoid damage during
construction,
5. The Local Government will comply with all Departmental Maintenance of Traffic
Regulations. All vehicles, equipment and personnel shall maintain a minimum of 15 feet
clearance from the edge of pavement. If the permittee desires to work closer to the edge of
pavement that 15 feet or close a traffic lane, a Maintenance of Traffic plan must be submitted
to the Local Maintenance Engineer for approval prior to beginning construction and/or
maintenance activities, The pennittee shall have Maintenance of Traffic certified personnel
set up or supervise the set up and operation of such Maintenance of Traffic devises at the
project site,
6. The Department will require the local Government to cease operations and remove
all personnel and equipment from the Department's right-at-way if any actions on the part of
the Local Government or representatives ot the Local Government violate the conditions or
intent of this agreement as detennined by the Department.
3
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MOA-1
12/97
7. It is understood between the parties hereto that any or all of the Project may be
removed. relocated or adjusted at any time in the future as determined to be necessary by the
Department in order that the adjacent state road be widened. altered or otherwise changed to
meet with the future criteria or planning of the Department. The Local Government shall be
given notice regarding such removal, relocation or adjustment and shall be allowed sixty (60)
days to remove all or part of the Project at its own cost. The Local Government will own that
part of the Project it removed. However. if the Local Government fails to remove the Project
after the sixty (60) day removal period. the Department will become the owner of the
unremoved portion of the Project, and may remove, relocate or adjust the Project as it deems
best. Wherever the Local Government is entitled to remove vegetation pursuant to this
paragraph, the Local Government shall restore the surface of the affected portion of the
project premises to the same safe condition as it was before installation of such vegetation,
The restoration expected shall consists of grading and filling holes and indentations caused by
the aforesaid removal, as well as any seeding or sodding necessary to provide a grassed area.
8. This Agreement may be terminated under anyone of the following conditions:
(a) By the Department, if the Local Government fails to perform its maintenance
responsibilities under this Agreement, following fifteen (15) days written
notice.
(b) By either party following sixty (60) calendar days written notice.
9. The term of this Agreement shall be for a period of ten (10) years commencing on
the date of execution of the agreement, with one ten (10) year renewal option. Any renewal
must be agreed upon by both parties In writing thirty (30) days prior to the expiration of the
existing agreement.
10. In the event this Agreement is terminated, the Department may. at its option.
proceed as follows:
(a) Maintain the Project or a part thereof with Department forces or private contractors
and charge the Local Government for the reasonable costs of such work; or
(b) Grant the Local Government sixty (60) days after the date upon which thIs
Agreement is effectively terminated to remove all or part of the remaining Project
and restore the area to its original prelandscaped safe condition at its own cost and
expense. The Local Government will own that part of the Project it removed. After
the sixty (60) day removal period, the Department will become the owner of the
unremoved portion of the Project and may, in its discretion, remove. relocate or
adjust the Project as it deems best.
4
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MOA-)
12/97
11. To the extent provided by law, the Local Government shall Indemnify, defend, and
hold harmless the Department and all of Its officers. agents and employees from any claim.
loss, damage. cost. charge. or expense arising out of any act, error, omission. or negligent act
by the Local Government, it agents, or employees. during the performance of the Agreement,
except that neither the Local Government, its agents, or its employees will be liable under this
paragraph for any claim. loss. damage, cost, charge. or expense arising out of any act, error.
omission, or negligent act by the Department or any of its officers. agents, or employees
during the performance of the Agreement.
WhEm the Department receives a notice of claim for damages that may have been
caused by the Local Government in the performance of services required under this
Agreement, the Department will immediately forward the claim to the Local Government The
Local Government and the Department will evaluate the claim and report their findings to each
other within fourteen (14) working days and will jointly discuss options In defending the claim.
After reviewing the claim. the Department will determine whether to require the participation of
the Local Government in the defense of the claim or to require that the Local Government
defend the Department in such claim as described in this section. The Department's failure to
promptly notify the Local Government of a claim shall not act as a waiver of any right herein to
require the participation in or defense of the claim by the Local Government. The Department
and the Local Government will each pay its own expenses for the evaluation, settlement
negotiations, and trial, if any. However, if only one party participates in the defense of the
claim at trial, that party is responsible for all expenses at trial.
12. The Department's District Secretary shall decide all question. difficulties, and
disputes of any nature whatsoever that may arise under or by reason of this Agreement, the
prosecution. or fulfillment of the service hereunder and the character, quality, amount, and
value thereof; and his decision upon all claims, questions. and disputes shall be final and
conclusive upon the parties hereto.
13. This Agreement embodies the entire agreement and understanding between the
parties hereto and there are no other agreements or understandings, oral or written. with
reference to the subject matter hereof that are not merged herein and superseded hereby.
14. This Agreement may not be assigned or transferred by the Local Government, In
whole or in part without written consent of the Department.
15. This Agreement shall be governed by and construed in accordance with the laws of
the State of Florida.
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MOA~ I
12197
.16. All notices, demands, requests or other Instruments shall be given by depositing
the same In the U.S. Mall, postage prepaid. registered or certified with return receipt
requested. or by telex or telegram:
(a) If to the Department,' address to 11201 North Malcolm McKinley Drive. Tampa.
Florida 33612. or at such other address as the Department may from time
designate by written notice to the Local Government; and
j
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(b) If to the Local Government address to 100 South Myrtle Avenue. Clearwater.
Florida 3375().5520 or at such other address as the Local Government from time
desIgnates by written notice to the Department.
:, .
All time limits provided hereunder shall run from the date of receipt of all such notices,
demands, requests and other instruments.
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12/97
IN WITNESS WHEREOF, the parties hereto have caused these presents to be
executed the day and year first above written.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
By:
(SEAL)
Kenneth A. Hartmann, P.E.
District Secretary, District Seven
ATTEST:
Executive Secretary
, "
Approved as to Form, Legality, and Execution
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
BY:
Assistant Attorney
CITY OF CLEARWATER. FLORIDA
BY:
Michael J. Roberto. City Manager
ATTEST:
Cynthia E. Goudeau, City Clerk
Co-Signed:
Rita Garvey,
Mayor-Commissioner
Approved as to form & legal sufficiency
~-- Q -~
John Carassas.
Assistant City Attorney
7
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RESOLUfION NO. 98-57
37
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA. ASSESSING CERTAIN REAL PROPERTY
LOCATED IN GREENWOOD MANOR. CLEARWATER.
FLORIDA, HAVING A POST OFFICE ADDRESS OF 1108
NORTH GREENWOOD AVENUE. CLEARWATER.
FLORIDA, AS DESCRIBED MORE PARTICULARLY
HEREIN. IN THE AMOUNT OF $2,904.00 FOR THE COSTS
OF DEMOLITION INCURRED IN REMOVING A
DANGEROUS STRUCTURE WITHOUT THE CONSENT OF
OWNER.
WHEREAS. pursuant to Chapter 47 of the Clearwater Code of Ordinances and the
Standard Building Code. the Building Official determined that certain real property described
herein and the building situated thereon were unsafe, unsanitary. unfit for human habitation. and
dangerous and detrimental to the health, safety. and general welfare of the community. and did
not properly comply with the requirements of said Code. and found that an emergency existed
which. in his opinion. involved danger to human life and health, and ordered the demolition of
the building; and
WHEREAS, the City of Clearwater has caused the demolition of the building, and the
cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the
property; now. therefore.
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. The Building Official having ordered the abatement of the unsafe building
situated on the following described property:
GREENWOOD MANOR, LOT 4 LESS RD. AND E 65' OF LOT 5
(parcel Number 10-29-15-33498-000-0040)
Owner of record:
RA VBON R CURTIS, ALVIN G CURTIS
3518 BROAD OAK DRIVE
CHARLOTTE, NC 28273-3763
and the City of Clearwater having now completed said work. the City Commission does hereby
assess and charge a lien on behalf of the City of Clearwater against the property for the necessary
costs incurred as follows:
TOTAL DEMOLITION COSTS $2,904.00
(See Attachment "All)
Resolution No. 98 - 57
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37
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. Section 2. As soon as practicable. a Certificate of Indebtedness against the property for
. the amount of assessment shall be prepared. which certificate shall constitute a lien prior to all
other liens except the lien for taxes. Said certificate. when issued. shall be payable to the City
with interest at a rate of eight percent (8 %) per annum.
Section 3. The City Clerk is hereby directed to prepare a Notice of Lien in the amount of
the assessment against said property. and to record the same in the Public Records of Pinellas
. County t Florida.
Section 4. This resolution shall take effect inunediately upon adoption,
PASSED AND ADOPTED this
day of
t 1998.
Attest:
Rita Garvey
Mayor-Commissioner
Approved as to form:'
I Attest:
~~
John Carassas
Assistant City Attorney
~
Cynthia E. Goudeau
City Clerk
Resolution No. 98- 57
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37
ATTACHMENT uA"
RESOLUTION NUMBER 98- 57
1108 NORTH GREENWOOD AVENUE
CLEARWATER, FLORIDA
TASKS
. Pinellas County Records - Ownership
Correspondence. Telephone Calls. Site Visits
Purchase Requlsitions~ Paperwork
Photographs, Documentation
TOTAL HOURS SPENT
13
EXPENSES
AMOUNT
13 Hours @ $25.00 per hour
Title Search - Fidelity National
Absestos Survey - Occupational Health Conservation, Inc
Absestos Removal - Lang Engineering of Florida
Monitoring
Postage - Certified and Regular Mail
photographs - Film, Developing, Prints
Demolition
Removal of Dispenser/Cap Fuel Pipes
325.00
65.00
250.00
N.A.
8.20
10.64
1,995.00
250.00
TOTAL EXPENSES
$2,903.84
I LIEN AMOUNT
$2,904.00 I
Resolution No. 98 - 57
. \ so\- R .
ORDINANCE NO. 6350-98
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA. RELATING TO THE BEAUTIFICATION
COMMITIEE, AMENDING SECTION 2.102. CODE OF
ORDINANCES, TO REDUCE THE NUMBER OF
MEMBERS FROM NINE TO SEVEN; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
3~
Section 1. Section 2.102, Code of Ordinances, is amended to read as follows:
Sec. 2.102. Composition.
The beautification committee shall be composed of seven nine members who
shall be residents of the city.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey. Mayor-Commissioner
Attest:
Cynthia E. Goudeau, City Clerk
Ordinance No. 6350-98
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REVENUE BOND LIMITATIONS
Existing Charter Provision:
"Such ordinance shall in addition contilin a provision requiring that revenue bonds for
projects in excess of one million dollars shall be put to public referendum with the
exception of revenue bonds for public health, safety or industrial development and
revenue bonds for refunding."
Comments:
.. Per discussion with Bob Reid (the City's bond attorney):
G He stated that the Charter limits imposed on Clearwater are unique in his experience.
In fact. he thought that Clearwater might be the only city with such requirements.
. The removal of the limitation on issuance of revenue bonds without a referendum
would effectively eliminate any validation requirement based upon the kinds of bond
issues the City has historically done. This would result in both time and cost savings.
. If you are pledging ad valorem ta.xes, then a referendum is required anyway (unless it is
a refunding of an ad valorem issue with interest rate savings).
. Revenue bonds are already limited in that you can only borrow what the revenue
stream will allow.
. All issues that the Commission has wanted to proceed with (in the last 15 or so yeare;) have
passed the validation hearing based upon the exemption of "public health, safety or
industrial development'..
Options:
1. Leave provision as is:
. Under this option, the City would continue to proceed with validation procedures
for bonds that the City Commission voted to proceed with if the project meets
the exception criteria. No validation is required for types of projects that have
previously been validated.
. Projects that do not meet the exceptions would be required to go to referendum,
possibly delaying the project and incurring additional costs.
. Any bond issue can always be taken to referendum if the City Commission so
desires.
2. Raise the dollar limitation:
. Any value less than $8 million would effectively have the same effect as leaving
the provision as is because the majority of bond issues are in the $8 million range
or greater.
3. Eliminate the provision:
. Any bond issue (non-ad valorem) that the City Commission voted to proceed with
could be issued without time delay and additional cost (as long as the revenue
stream is sufficient).
o Any bond issue can always be taken to referendum if the City Commission so
desires. could be
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PRELIMINARY AGENDA
Clearwater City Commission Worksession - MondaYI November 161 1998
following Special Public Hearing re Charter Revisions beginning at 9:00 A.M.
Service Awards
PUR PURCHASING
Tree Line Sales and Service, Inc., 1 st of 2 available extensions, annual inspection and repair 0'1
aerial buckets & cranes used by various departments, 11/20/98-12/31/99, est. $40,000 (GSS)
Kelly Services, 1 st of 2 available extensions, temporary employment service used by all
departments, 1211 /98-11 /30/99, est. $45,000 'HR)
Lakeside Occupational Medical Centers, P.A., pre-employment & annual physical examinations
and random drug testing for all personnel except Fire, 1/1/99-12/31/99, est. $60,000 (HR)
Doctor's Walk-In Clinics, new hire & annual physical examinations for Fire Department personnel,
1/1/99-12/31/99, est. $38,000 (HR)
Vermeer Southeast Sales and Service, Inc., one Vermeer V~3550A trencher to be used
throughout gas system by CGS, $25,360.36; funding to be provided under City's Master Lease-
Purchase Agreement (GSS)
Miller Bearings, Inc., misc. sealed bearings to be used at WPC facilities, 11/20/98-12/31/99, est.
$50,000 ~Public Utilities Dept.)
Standard Insurance Company, long term disability insurance for employees not eligible for
pension plan coverage, 1/1/99-12/31199, est. $30,000 (HR)
Gator Asphalt Paving, Inc., slag cold mix asphalt for use throughout City by Public
Service/Streets, 11/20/98-12/31/99, est. $ 50,000 (Transportation & Drainage Dept.)
Garber Chevrolet Geo, Inc., two 1999 Chevrolet Tahoe full size pursuit utility vehicles for use
throughout City by Fire Department personnel, $54,750; funding to be provided under City's
Mastor lease-Purchase Agreement (FD)
ED ECONOMIC DEVELOPMENT
1. (Cant. from 11/5/98) Public Hearing - Declare surplus to city needs, 600 Franldin St., Gould &
Ewing's 2nd Addition to Clearwater Harbor, Blk 7, part of Lot 1, for purpose of selling; approve
contract with Pinellas County Housing Authority for sale thereof, for $74,800 less closing
expenses est. at $560, for approx. net sale proceeds of $74,240
2. Agreement with FDER providing for assessment and remediation of orphaned and abandoned
sites within Clearwater Brownfields Area (Consent)
FD FIRE
1. Approve Disaster Relief Funding Agreement with Florida Dept. of Community Affairs (FOCA)
(Consent) .
2. Approve continued participation in joint venture to study providing Emergency Medical Services
(EMS) transportation services throughout Pinellas County, cost not to exceed $38,000 (Consent)
FN FINANCE
1. First Reading Ord. #6531-98 - Relating to purchasing; amending Secs. 2.547, 2.564 & 2.624,
and deleting Sees. 2.602-2.608
11/1 6/98
1
LIB LIBRARY
1. Approve three 3-year leases with B.J.E., Inc., for Units 106-108 for use as Beach Library, Unit
113 for Jolley Trolley, and Unit 208 for Beach Police Substation, at 483 Mandalay (Pelican Walk)
effective 1/1/99 (Consent)
PCM PUBLIC COMMUNICATION & MARKETING
1. Contract to Pinellas Press for printing of Clearwater Magazine for $120,000, and approve funding
increase of $12,000 for Clearwater Magazine for current fiscal year to cover increased costs due
to production and printing of new mailing list of 55,000
PD POLICE
1. Contract to Pinellas County School System 1 Clearwater Adult Education Center, provision of
educational services, est. $63,000 (Consent)
2. Appoint Bob Shipp to Board of Trustees, Clearwater Police Supplementary Pension Plan, for term
11/1/98-11/1/2000 (Consent)
PR PARKS AND RECREATION
1 . Public Hearing - direction requested re Clearwater Beach Family Aquatics Center
PLD PLANNING & DEVELOPMENT SERVICES
1. Public Hearing - determine whether a public nuisance exists on property located at 1350 Gulf
Boulevard owned,by Beach Communities II, Inc., Glen R. Johnson, Registered Agent
2, Variance(s) to Sign Regulations for property located at 1230 S. Myrtle Ave., Milton Park, Blk 9,
Lots 1-5 & 10-14 (Thompson Executive Center & Partnership, SV98-15)
3. Public Hearing & First Reading Ord. #6348-98 - regarding new Development Code
PW PUBLIC WORKS
1. Public Hearing - Reciprocal Easements Agreement with Highwoods Florida Holdings, L.P.; declare
surplus and grant to .Highwoods a 'perpetual non-exclusive easement for ingress, egress and
parking over portion of tract of city owned land lying within NW~ Sec. 17-29-16, Parcel "A" and
Parcel "B" of said agreement, in consideration of mutual benefits to be derived, subject to final
approval of general site plan for Park Place Office Center, 380 Park Place Blvd.
2. Contract for purchase of real property with The Salvation Army. 900 Pierce Street, Coachman
Heights Revised Sub" Blk A, west 10Q' of south 20', m.o.1. of Lot 3 and west 100' of Lot 4 less
street, for $100,000 plus est. expenses of $12,000 for environmental audits & $1,875 for
boundary survey & closing costs, for total not to exceed $113,875 (Consent)
3. Contract for Storm Pipe Replacement Woodside 1 Woodcrest Avenue, Suncoast Excavating &
Utilities, Inc., $134,546.50 (Consent)
4. Approve Second Amendment to Agreement with SWFWMO; and Contract with FOEP for funding
for Cooper's Point Restoration and Management (Consent)
5. Approve certain Storm water Utility Projects for inclusion in the Capital Improvement Program
budget for Fiscal Years 1998-99 and 1999-2000
6. Client Agency Agreement with Florida Department of Management Services, Facilities
Development Division, for Program Management Services for new Main library, $170,626
11/16/98
2
7. Agreement with harvard Jolly Clees Toppe Architects, Inc., for basic ($828,760) & additional
($276,614) archltectual and engineering services for new Main Library, for total $1,104,364
8. Res. #98-58 - Authorizing execution of Highway Landscape Maintenance Memorandum of
Agreement with FDOT for beautification of pilot corridor along SRSO (Gulf to Bay) to be
performed by City
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6332-98 - Relating to Building and Development Regulations; amending Sec. 47.051, ,
Adoption and Enforcement, to Adopt the 1997 edition of the Standard Building Code and
Standard Mechanical Code
2. Ord. #6340-98 - Annexation for property located at 1601 Stevenson Dr., Stevenson's Heights,
Slk C, Lot 7 (Agnes E. Akins, A98-27)
3. Ord. #6341-98 - RS-8 Zoning for property located at 1601 Stevenson Dr., Stevenson's Heights,
Blk C, Lot 7 (Agnes E. Akins, A98-27)
First Reading Ordinances
1. Ord. #6350-98 - Relating to Beautification Committee, amending Sec. 2.102 to reduce number of
members from nine to seven
Resolutions
1. Res. #98-57 - Demolition Lien - 1108 N. Greenwood Ave., Greenwood Manor, Lot 4 less road
and part of Lot 5 (Raybon R. Curtis, Alvin G. Curtis)
Agreements, Deeds and Easements
1 . Water Main Easements in Lots 2 & 3, Storz Ophthalmics, Inc. Park Place (Grand Reserve at Park
Place Limited Partnership)(Consent)
2. Water Main & Ingress/Egress Easement - Wellington Apartments, 2900 Drew Street (next to
Eisenhower School), Sec. 8-,29-16 (TWC Ninety-Four, Ltd.)(Consent)
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
Presentation(s) for Thursday Night
1 . City of Clearwater Utilities We Care Fund
Other Commission Action
Adjourn
11/16/98
3
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TO:
FROM:
Rita Garvey, Mayor
Betty Blunt, Confidential Clerk
I
copms: City Commt~ioners, Michael Roberto, Cyndie Goudeau
SUBJECT: Presentation at the November 16, 1998 Work Session
DATE:
November 16, 1998
The following presentation will be made at the November 16, 1998 Work Session.
S years
Catherine Borden, Public Works Administration (letter of appreciation, pin with city
seal)
Samuel Dukes, Public Works AdmintqratiOD (letter of appreciation, pin with city seal)
WiIIi9m Kraft, Marine (letter of appreciation, pin with city seal)
Gregory Burton (letter of appreciation, pin with city seal)
John Cole, Jr., Solid Waste (letter of appreciation, pin with city seal)
10 years
Jose Reid, Pollee Department (letter of appreciation, wall cloclc)
Gerald Peer, Jr., Police Department (letter of appreciation, wall clock)
20 years
O'Neal Larkin, Parks & Recreation (letter of appreciation, watch with city seal)
:;
2S years
James Pyatt, Sr., General Support Services (letter of appreciation, day off with pay,
$100 dinner certificate)
EMPLOYEE OF THE MONTH
Employee of the month, November, 1998, is Ozell George, Jr., Public Works Department