12/10/1998
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City Commission
Meeting
12-10-98
-.<.:'" i1ot~: 12-7~98 Preliminary (Worksession) Agenda and paperwork . .
'.':- . .'. that was in package initially but then not continued onto
,. . . Thursday's agenda is at the back of this agenda pack.
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ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, December 10, 1998 - 6:00 P.M. - Commission Chambers
1. Invocation - Rev. Tom Norton, Skycrest United Methodist Church.
2. Pledge of Allegiance - Mayor.
3. Service Awards - 1 award presented.
4. Announcement of Upcoming Events - Events announced.
5. Introductions and Awards
Proclamation: Miniature Art Month, Januarv 1999.
a) FNGA awards to Kelly O'Brien & Chris Thorn ~ presented.
6. Presentations.
a) Midland Companies art donatfon - received.
bl Military Appreciation Day - postponed.
c) 1998 Employee United Way Campaign Report- given.
7. Minutes Approval - Regular Meeting 11/19/98 & corrected page of previously approved 11/5198
& Special Meeting 12/7/98 (attorney/client) - Approved as submitted.
8. Citizens to be heard re items not on the Agenda
Tom Sehlhorst questioned police procedures in recent traffic accidents involving the Mayor.
Shirlev Moran expressed appreciation for the holiday decorations and concerts at Pier 60.
Rov Cadwell reiterated complaint of being charged utility fees while out of town.
Jack Alvord and Earlv Sorenson questioned whether past commission decisions are valid in light
of recent concerns re the Mayor's conduct.
PUBLIC HEARINGS
9. Variance(s) to Sign Regulations for property
located (Easy Pick) at 2320 Sunset Point Rd.,
Sunset Point Estates, Blk B, Lot 18 & part of
Lot 17 (Marco Cheaib, SV98-21 HPLD)
10. Public Hearing & First Reading Ord. #6359-
99 - Vacating N 5' of 10' Drainage & Utility
Easement lying along south side of Lot 6, Blk
H, Northwood Estates - Tract F, less easterly
5' (Erickson, V98-07) (PWI
11. Public Hearing & First Reading Ord. #6360-
99 - Vacating 10' Utility Easement lying
along south side of lot 16, Forest Estates
(Cooley, V98-08) (PW)
12. Public Hearing & First Reading Ord. #6361-
99 - Vacating E % r-o-w of N. Prospect Ave.,
lying north of Laura Street and City's request
to vacate W %. r-o-w of N. Prospect Ave.,
lying north of Laura Street, subject to
retaining a 20' drainage & utility easement
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(Theta Homes, V98-09) (PWI
12/10/98
9. Denied.
10. Approved. Ord. #6359~99 passed 1 st
reading.
11. Approved. Ord. #6360~99 passed 1 st
reading.
12. Continued to 1/21/99.
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13. Public Hearing & First Reading Ords. #6354-
99 & #6355-99 - Annexation & RS-6 Zoning
for property located at 148 Baywood Ave.,
Eastwood Terrace 2nd Add., Blk D, Lot 25
(Julian & Pauline Bridges, A98-28) IPLD)
14. (Cant. from 11/1 9/98) Public Hearing & First
Reading Ord. #6348-99 -regarding new
Community Development Code (PLD)
15. (CoOnt. from 11/5 & 11/19/981 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
Pinellas County 0 Housing Authority for sale
thereof, for $74,800 less closing expenses
est. at $560, for approx. net sale proceeds of
$74,240 (ED) - OFFER WITHDRAWN
I,
13. Approved. Ords. 1/6354-99 & #6355-99
passod 1 st reading.
14. Approved. Ord. #6348-99 passed 1 st
reading.
15. Offer Withdrawn.
Public Hearing - Second Reading Ordinances
16. Ord. #6350-98 - Relating to Beautification
Committee, amending Sec. 2.102 to reduce
number of members from nine to seven
17. Ord. #6351-98 - Relating to purchasing;
amending Sees. 2.547, 2.564 & 2.624, and
deleting Sees. 2..602-2.608
16. Ord. #6350-98 adopted.
17. Ord. #6351-98 adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #18-34) - Approved as submitted.
18. Approval of Purchases per 11/19/98 memorandum:
Spartan Oil Company, fuel for resale, 1/1/99-12/31/99, est. $1,000,000 (QOl)
Tampa Mack Sales and Service, one 1999 Mack RD690S chassis with Galbreath roll-off hoist to
be used throughout City by Solid Waste, $94,650; funding to be provided under City's Master
lease-Purchase Agreement (SW)
Reliastar, Inc., employee group term life insurance for SAMP personnel, 1/1/99-12/31/99, est.
$50,000 (HR)
Don Reid Ford, twenty-three 1999 Ford Crown Victoria Pursuit Vehicles (replacement) for use
throughout City by Police Department, $563,195.02; funding to be provided under City's Master
Lease-Purchase Agreement (GSS)
Dell Marketing L.P., computer hardware to be used by engineering draftsman for autocad
functions, $39,896; funding to be provided under City's Master Lease Purchase Agreement
(GSS)
Duval Ford, one 1999 Ford E-250 cargo van for use throughout City by Fire Department,
$21,618; funding to be provided under City's Master Lease-Purchase Agreement (FD)
1 2/10/98
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Caruso Chrysler Plymouth Jeep, Inc., one 1999 Jeep Cherokee utility vehicle for use throughout
City by Fire Department personnel, $19,036; funding to be provided under City's Master Lease-
Purchase Agreement (FO)
General Safety Equipment Corp., two 1999 Gladiator chassis fire & fire rescue fire trucks for use
throughout City by Fire Department, $653,576; funding to be provided under City's Master
Lease~Purchase Agreement (FO)
Brad Ragan Inc., 1 st of 2 extensions, new tires for use by all departments, 1/1/99-12/31/99, est.
$175,000 (GSS)
American Welding Company, fabrication & installation of new packing housing for east pit
located at Solid Waste, $74,004 (SW)
Dravo Lime Company, high calcium quick lime for use at all WPC facilities, 1/15/99-1/31/2002,
est. $1,000,000 (PW)
Stertil~Koni USA, three Stertil-Koni ST 1072 Main Post and three Steril-Koni ST 1072 Secondary
Post mobile lift systems for use throughout City by Fire Department to lift City's aerial fire trucks,
$35,000 (FO)
19 Contract for demolition of Clearwater Civic Center (40 Causeway Blvd.) and Beach Diner (56
Causeway Blvd.) to Sonny Glasbrenner, Inc., $58,190; authorize a loan from Consolidated Cash
Pool to fund cost of project until such time as bonds are issued (PW)
20. Approve Tampa Bay Partnership dues increase from $20,000 to $40,000 for Fiscal year 1998-99
(EDI
21. (Cont. at 11/19/98) 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)
22. Purchase three Spartan chassis equipped fire engines from General Safety Equipment for
$980,364; funding to be provided under City's Master Lease-Purchase Agreement (FDI
23. Authorize settlement of Workers' Compensation Claim of Dorothy Boaz (FN)
24. Approve acceptance of one-year grant for fiscal year 1998-99 for Clearwater Police Geographic
Information System III from Florida Department of Community Affairs / Drug Control and System
Improvement Formula Grant Program, in the amount $95,056 (PO)
25. Police Department Computer System - Approve assignment of City's existing contract with PSI
International, Inc., for provision of computer systems & integration services to Logistic Systems,
Inc., to include final payment to PSI of $817,070 for systems delivered to date and an
encumbrance of $791,954 for project completion to Logisys; Approve immediate subsequent
assignment of the message switch portion of that contract from Logistic Systems, Inc. To Public
Safety Technologies, Inc., at total remaining cost not to exceed $70,000; Approve purchase of
updated hardware from Logisys to upgrade Computer Aided Dispatch system for $85,210;
Approve cancellation of hardware maintenance agreement with PSI; and Approve an expenditure
not to exceed $16,000 to Tew, Zlnober, Barnes, Zimmet and Unice for outside counsel legal
services related to this contract assignment (POI
26. Approve Agreement with Florida Dept. of Business & Professional Regulation - Division of
Alcoholic Beverages & Tobacco (DABTI to provide additional police overtime for implementation
of School Proximity Tobacco Enforcement Program over 6-month period, beginning sometime in
January 1999 in exchange for up to $27,646.10 in state funding (PO)
27. Approve Agreement with Career Options of Pinellas, Inc. to design, implement & administer a
Special Initiative Program - Jobs for At Risk Youth and Adults, a portion of the Weed and Seed
grant program, in an amount not to exceed $50,000 (PDI
1 2/10/98
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28. Approve Letter of Understanding with FDOT for construction & maintenance of two stormwater
ponds to serve SR590 (Drew Streetl widening, from Highland Ave. to NE Coachman Rd. (PW)
29. Approve Final Reclaimed Water Moster Plan Update completed by McKim & Creed Engineers,
P.A.; authorize staff to submit approved plan to SWFWMD (PW)
30. Approve Agreement with FOOT authorizing subordination of 100 square feet of an existing
drainage & utility easement along north side of Drew Street, just east of US 1 9 (PWl
31. Approve Conceptual Approval Agreement with Florida Communities Trust (P2000 Program) for
shared cost of acquiring property along Stevenson Creek for establishment of a preserve area
(Wolfe Preserve) as part of improvements & clean up' of Stevenson Creek Estuary and for benefit
of North Greenwood & Clearwater residents (PW)
32. Contract for Hillcrest Storm Pipe Replacement to Suncoast Excavating & Utilities, Inc., for
$23,545.50 (PW)
33. Contract for Madison Avenue/Gould Street Roadway Improvements to Suncoast Development of
Pinellas County, Inc., for $265,871.43; and Contract to PBS&J Construction Services, Inc., to
provide construction engineering & inspection services for $67,149.54, for total project sum
$333,020.97 (PW)
34. Utility Easement for construction & maintenance of lift Station #7 on hospital grounds at 323
Jeffords Street, Sec. 21-29-15, Government Lot 1 (Morton Plant Hospital Association, Inc.)(eAI
OTHER ITEMS ON CITY MANAGER REPORT
35. First Reading Ord. #6353w99 - Amending Ch.
33, Sec. 33.067, relating to waterways and
vessels to amend defined areas for speed
restrictions of vessels (extends wake zone in
Mandalay Channel by approx. 600 yards
north of Memorial Causeway to a point
marked by Mandalay Channel Daybeacon
#1 )(MR)
36. Res. #98-61 - supporting County Ordinance
to create an Idle Speed Zone for portion of
water adjacent to the Courtney Campbell
Beach Causeway (PO)
37. Res. #98-56 - authorizing subordination of
100 square feet of an existing drainage &
utility easement along north side of Drew
Street, just east of US 1 9 (PW)
38. Approve purchase of real property known as
Dimmitt Property to be used for Town Pond
Regional Retention Project, for $1,265,094
(ED)
39. Approve Work Order to Camp, Dresser &
McKee, Inc. to provide design services for
Town Pond Project, for $554,279; authorize
loan from Consolidated Cash Pool to fund
cost of this project until such time as bonds
are issued (PW)
i 2/10/98
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35. Approved. Ord. #6353-99 passed 1 st
reading.
36. Approved. Res. #98-61 adopted.
37. Approved. Res. #98-56 adopted.
38. Approved.
39. Approved contingent upon successful
completion of Phase 2 environmental testing;
proceeding through geotechnical evaluations. .
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40. Other Pending Matters
40. None.
CITY ATTORNEY REPORTS
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41. Res. #98~60 - Demolition Lien - 1500 N. 41. Res. #98-60 adopted.
Greenwood Ave., Norwood 1 st Add., Blk B,
south % of lot 8 (Esther C. Hunt)
42. Res. #98~62 - Assessing property owners the 42. Res. #98-62 adopted.
costs of having mowed or cleared owners'
lots
43. First Reading Ord. #6371-99 - Submitting to 43. Ord. #6371-99 passed 1st reading.
the City Electors proposed non-substantive
amendments to the City Charter
44. First Reading Ord. #6372-99 - Submitting to. 44. Ord. #6372-99 passed 1st reading.
the City Electors a proposed amendment to
the City Charter amending Sec. 1.01 to
transfer certain language contained in
. subsection (d) to subsection (a) and to clarify
subsection (b) to allow the City to exercise
its powers, perform its functions, and
participate in the financing thereof, with any
person as defined by law
45. First Reading Ord. #6373-99 - Submitting to 45. Ord. #6373-99 passed 1 st reading.
the City Electors proposed amendments to
the City Charter amending Sec. 2.01 (d)
regarding limitations on Commission power to
eliminate charter restrictions on purchasing of
goods and services; to increase amount of
dredging permitted without referendum; to
permit the sale, lease or donation of real
property for less than appraised value; to
limit leases of municipal property to 30 years;
to eliminate the requirement of recapture and
reverter clauses in leases; making certain
non-substantive changes
46. First Reading Ord. #6374-99 - Submitting to 46. Ord. #6374-99 passed 1 st reading.
the City Electors a proposed amendment to
the City Charter amending Sec. 2.03 to
permit a Commissioner or Mayor-
Commissioner to serve two full terms in
addition to any partial term, and to provide
that Commissioners shall be sworn in at the
next Commission meeting following their
election; and other non-substantive changes
47. First Reading Ord. #6375-99 - Submitting to 47. Ord. #6375-99 pas~ed 1st reading.
the City Electors proposed amendments to
the City Charter amending Sec. 2.07(e) and
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12/10/98
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(f) to eliminate the Charter restrictions on
Advisory Boards; amending Sec. 3.03 (f) to
require the City Manager to make annual
comprehensive reports; amending Sec. 4.02
regarding City Attorney to eliminate certain
requirements; amending Sec. 6.09 regardIng
ordinances adopted by initiative or repealed
by referendum; amending Sec. 8.02 regarding
nonpartisan elections to address advertising
under the control of the candidates
48. First Reading Ord. #6376-99 - Submitting to 48. Ord. #6376-99 passed.1 st reading.
the City Electors a proposed amendment to
the City Charter amending Sec. 7.02 to
change the composition of the Charter
Review Committee; to require that the
charter amendments proposed by the
committee be submitted directly to
referendum
49. First Reading Ord. #6377-99 - Submitting to 49. Ord. #6377-99 passed 1 st reading.
. the City Electors a proposed amendment to
the City Charter repealing Article IX, Fiscal
Management Procedures, to eliminate the
requirement of a referendum for revenue
bond projects in excess of one million dollars
50. Other City Attorney Items 50. None.
51. City Manager Verbal Reports
Tuscanv Apartments Development Proiect - Authorized a 3% 20 year loan with two year
deferment to CEO Construction Company to develop a 240 Elderly Housing Apartment Complex.
52. Commission Discussion Items
a) (Cant. from 11/19/98) Taking position re Pinellas County Charter Revisions u Supported Issues
#1 Increasing County Commission membership, #2 Charter Review Commission composition, &
#3 Charter Initiative Petitions; Opposed Issue #4 re Future Charter Amendments not going to the
State Legislature.
53. Other Commission Action
Seel commended Bob Keller and Diane Hufford for a booklet re and the success of 44 business
growth visits. She praised Ken Sides' Gateway to the Beach presentation to the MPO committee
and will leave it in the Commission's read file. She provided an MPO update, stating: the 20/20
work plan was approved; T-21 00 funds for Pinellas were Increased $180 million for the next 5
years; a no-fee transportation zone was approved for the City of St. Petersburg and she hopes
12/10/98
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Clearwater will took into doing the same. She noted a letter from DOT reporting a $1.9 billion
increase in resources for improving traffic flow in the 1-4 corridor.
Johnson wished Merry Christmas and Happy New Year to Commissioners, staff, employees, and
citizens.
HooDer echoed holiday greetings 'and invited the public to attend the holiday parade and boat
show tomorrow night. He questioned the status of the City's evaluation re the Phillies. The City
. Manager said an RFP is out for a series of evaluations; more information will be brought to the
January meeting.
;.
Clark wished everyone Happy Hannukah and Merry Christmas. He echoed Seel's congratulations
to Keller and Hufford, adding he hopes 50 sites can be visited next year. He thanked
Commissioners for authorizing him to represent the City on the Gulf fisheries issue; he will draft a
formal letter for the Commission's signature regarding closing gag grouper season for 4 months.
. He referred to a draft resolution concerning Tyrone Square Marl, and requested it be on the next
meeting's agenda. He complimimted Garvey on her graciousness during citizen's comments
tonight.
Garvev encouraged the public to participate in downtown events during the next 2 weeks and
wished everyone Happy Holidays.
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54. Adjournment - 9:28 p.m.
1 2/10/98
7
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CITY OF CLEARWATER
Interdepartmental Correspondence
TO: Mayor and Commissioners
FROM: Cynthia E. Goudeau, City Cler@
SUBJECT: Follow up from December 7, 1998, Work Session
COPIES: Michael J. Roberto, City Manager;
DATE: December 8, 1998
Follow up information is provided in final agenda order:
Item /I 12 -Ordinance 6361-99-Theta Homes vacation request - the vacation is needed to allow
the construction of the townhomes and its driveway within the setbacks required by code.
Item #14 - Ordinance 6348-98; Community Development Code - Executive Summary and
Ordinance are included in your packs. The changes requested at Work session will be incorporated
by Thursday.
Item#19 - Demolition of Memorial Civic Center and Beach Diner - Item added to agenda
package. .
Item 1120 - Tampa Bay Partnership - The list of those on the Council of Governors is attAc;hcd.
W\~ .,-\-eVV\
Item #27 - Special Initiative Program; Jobs for At Risk Youths ~ Through Nov. 1998,43
people have completed the program and 34 participants were placed in jobs.
Item #29 - Final Reclaimed Water Master Plan Update - Revised page 27 iSiltttlcncd\ _
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Item 1130 - Agreement with FOOT - the City will be allowed to landscape the pond perimeter
and assume the maintenance of same. As this will be a dry pond with a 4:1 slope, no fencing is being
considered. The pond site is totally within property already owned by the City. The outfall will be
hidden by landscaping.
Item 1152a - Pinellas County Charter Revisions - The Resolution from Pinellas Park and
information from the County regarding the Charter revisions are included in your pack.
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CI T Y OF C LEA A W ATE R
Interdepartmental Correspondence
Tonight's Invocation will be offered by Reverend Tom Norton, Skycrest United'
Methodist Church, 2045 Drew Street, .clearwater, FL' 33765 . '.
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item N:
Final Agenda Item #
12/07/98
Meeting Date: 12/10/98
SUBJECT IRECOMMENDA TION:
SERVICE AWARDS
lEI and that the appropriate oftrcials be authorized to execute same.
SUMMARY:
The following employees be presented with service awards for their length of service in the
employment of the City of Clearwater
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BACKGROUND:
5 Years
John H. Coombs
Robert D. Jaeger
David R. Brady
Patricia O. Sullivan
Lucette M. Wombacher
10 Years
Wanda L. West
Joanne M. Ruggiero
Sabrina R. Chute
15 Years
Michael J. Salopel<
Charles T. Williamson
Salvatore A. Ventura
Jesse F. Johnson
William P. Patterson
Gas System
Gas System
Gas System
City Clerk
Financial Svcs.
25 Years
Sue C. Creamer
Richard S. Vellucci
Charles M. Saporito
Robert Cruickshank
Richard W. Warwick
Alton W. Brownt Jr.
Ken R. Emerson
Geri L. Doherty
Police
Fire
Fire
Fire
Fire
Fire
Public WorkslWPC
Planning & Development
Police
Police
General Support Svcs.
Public Works
Public Works
Public Works
Public Works
Public Works
Rovlewed by: OrigInating Cept: Costs
legal Info Srvc Total
"- -
Budget Public Works User Dopt. Funding Source:
- -
Purchoslng DCMfACM Current FY CI
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Rhlk Mgmt Other Attachments OP
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Other
SubmItted by: o None
City Manager AoorocrlatJon Code:
Q Printed on rocvcled II 11 Rev.
p p
2/98
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TO:
, FROM:
Rita Garvey, Mayor
Betty Blunt, Confidential Clerk
City CommisSioners, Michael Roberto~ Cyndie Goudeau
COPffiS:
SUBJECT: Presentation at the December 10, 1998 City Cornmi~ion Meeting
DATE:
December 10, 1998
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The following presentation will be made at the December 10, 1998 City Commission meeting,
20 years '
Cynthia Goudeau, City Clerk (letter of apprec~ation, watch with city seal)
,,'
PROCLAMATION
. MINIATURE ART MONTH, Wally Curtis
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CLEARWATER GAS SYSTEM
Interoffice Correspondence Sheet
FROM:
'ItJ'l 1T7-J r~ 'r" Tr
, ,. 'U1, Jl "E D
Mike Roberto, City Manager ') 'WJ I, !~~) 1998
Chuck Warrington, Gas System Managing Director fJ/rtilTV C"'l.ii './, G~,....{
TO:
COPIES:
Rick Hedrick, Deputy City Manager; Cyndie Goudeau, City Clerk; CGS Management Team
Subject:
1998 Florida Natural Gas Association Awards
Date:
November 6, 1998
The Florida Natural Gas Association (FNGA) each year recognizes statewide both an operating and a marketing
person of the year. I am proud to report that this year both FNGA top awards were bestowed upon members of
the Clearwater Gas System (CGS) team. Since there are 39 natural gas utilities in Florida with over 2,300 total
personnel, this is quite an exceptional honor for CGS as a company and these employees personally.
First, Kelly O'Brien, our Design Drafting Technician and group leader of our Drafting & Design Section, was
recognized as the u1998 FNGA Don Napier Operating Person of the Year." In addition to the day-to-day
excellence in which Kelly does his job, the basis for this award was his significant expertise and
accomplishments in handling the design and coordination of Florida Department of Transportation (FOOl) and
County relocation work orders. Kelly has been personally responsible for the saving of several hundreds of
thousands of dollars with his innovative design and coordinational concepts. He has also coordinated the
placing of our gas atlas on the City's web site, making it available for citizens and contractors.
For Kelly, this award recognizes him as the top natural gas operating person in Florida for these
accomplishments. For the Clearwater Gas System, this represents our second annual wiIll1er in a row and our
third winner of this operating award in the 7 years that it has been given. Mike Deegan, our North Area Gas
Service Manager, won the award in 1997 and Bob Caruso, our South Area Gas Supervisor/Cathodic Protection,
was bestowed this award in 1991. We are the only company in Florida that has won this award 3 times. Peoples
Gas System, which is 17 times our size, has had one of their employees so recognized only twice.
Second, Chris Thorn, our Gas Sales Representative, was recognized as the "1998 FNGA Marketing Person of
the Year." eluis is our system-wide builder sales representative, handling all of our new construction accounts.
He serves 120 builders' needs in our area on an on-going basis, coordinated 9 new subdivisions that are in the
process of building over 900 new homes, and coordinated the connection of323 new accounts during FY 97/98
(28% of the CGS total new accounts for the year). Chris is the first CGS recipient of this statewide recognition
for marketing in the 1 O-year history of this award.
Mike, if it would be appropriate, I would like to present these awards to Kelly and Chris publicly at the
beginning of the Commission Agenda meeting on November 19, 1998. Please let me know if this is possible.
CSW/cw
Attachments
C:\MV Documents\MSOFFICE\WINWOAD\MEMOS\fna8_8wllrds_199B.doc
f
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item II:
Final Agenda Item 1/ g
Meeting Date: ,~ . \ 0 . q 8'
pLb ;t
SUBJECT/RECOMMENDATION:
Approve the requested variance to allow the proposed freestanding sign, consistent with
current code) to be erected on the commercial property known as Easy Pick located at 2320
Sunset Point Road subject to the following conditions:
1. No additional free-standing signs will be added to the property
2. Appropriate landscaping (landscape plan to be submitted to and approved by Staff prior
erection of the freestanding sign) will be added to soften and enhance the sign per section
42.27 of the City of Clearwater's Land Development Code within 14 days of erection of the
freestanding sign.
(SV 98-21)
l&J and that the aDDrODrlate officials be authorIzed to execute same.
SUMMARY:
Conditions support approval of the requested variance:
. The existing billboard is the limiting factor, which prevents installation of a freestanding sign
servicing the site, is scheduled to be removed within eighteen (18) months of October 13th,
1998.
. The proposed sign is completely within the guidelines of existing codes (44.51 4 e).
. Unusual circumstances appear to exist pertaining to the sale of the property.
. Unusual circumstances exist pertaining to the physical placement of the building.
. Strict enforcement of the sign code would further impose a hardship on the applicant that would
outweigh any derivative public benefit.
This property is located at Sunset Point Estates, Block B, Lot 18 and part of 17. The property is zoned
CG/CG
Tot.1
Commllllllon Action:
o Approvod
o Approvod with Conditions
o DenIed
o Conllnued to:
Revlowed by: Originating Department:
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SubmItted by: 0 Not Roqulred
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City Man~gOr 0 Not Required
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CITY OF CLEARWATER
SIGN VARIANCE STAFF REPORT
CASE # SV 98-21
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: December 10, 1998
CASE II: SV 98-21
APPLICANT/REPRESENTATIVE: Marco Chealb/H. Michael Evans, Esq.
ADDRESS: Easy Pick 2320 Sunset Point Road.
LEGAL DESCRIPTION: Sunset Point Estates, Block B, Lot 18 and part of 17
AREA: 0.25 acres
EXISITING USE: Convenience store
ZONING: CG
SURROUNDING LAND USES:
North: Little People's Place Preschool
South: Sunset Coachman Center
East: restaurant
West: Snapper Mower Sales and Service
PROJECT DESCRIPTION:
The applicant is requesting variances to allow an additional single-faced, freestanding sign.
VARIANCE REQUESTED:
::::;~~~!~~i~i~ll~~iiiij iiiiiiii!i!i;ii[,~~~~m~~t~tJ~g~~,;'!!i!'!;!;i,;:; i,i:'i:"!:[:'~K~~~';B~i!iili~iii!i:i !l![i!II'i!~~~~~~i!if!!i!'!;
Additional single-face,
freestanding signs
No more than one freestanding
sign/44.51 (4J (eJ (1 a)
one existing,
freestanding sign
one additional,
singre-faced,
freestanding sign.
STANDARDS FOR APPRO V AL/COMPLlANCE WITH STANDARDS:
Section 44.51 of the Land Development Code sets forth the standards for approval that are to
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) Th6re BrB special circumstances related to the partlculaf physical surroundings, shsps or
topographical conditions applicable to the land or buildings, and such circumstances ate
/HJcullar to such land or buildings and do not apply generally to the land Of buildings In the
applicable zoning district.
There are two unusual aspects concerning the applicant's property. The first Is that it contains
8 single, freestanding sign on it (8 bJUboard). This piece of property was purchased by the
applicant from Plnellas County in May of 1995. Unfortunately, the County apparently failed to
Inform the applicant that the billboard was a nonconforming use. According to 8 representative
SV 98.21
Pago 2
at the Pinellas County Real Estate Office, the sign may not have been non-conforming at the
tlmo of sale. The applicant has desired to remove the billboard for some time but had no or
little legal recourse available to effectively terminate the agreement betweon him and the
billboard company. This point is now moot as the City has settled litigation with the biUboard
company which Includes the stipulation that all billboards are scheduled to be removed from
the City within eighteen months of October 13th, 1998.
The second feature is the physical location of the applicant'. establishment in conjunction with
the location of the establishment (Sunset Point Family Restaurant) directly to the east. The
applicants property is set back approximatelv thirty feet further than the restaurant's essentially
blocking It from view from anyone traveling west on Sunset Point Road. Although the
applicant's establishment Is visible from the west heading east there ia no direct access
enabling 8 convenient left turn across Sunset Point Road.
(2)> .",. strict application of Mil pl'ovlslons of the code would d9p'ltlB tIHJ .ppRcant of ths
TBBSonabl6 use of the land or buildings.
As mentioned above, the applicant has no practical ability to advertise his location at this point..
(31 .",. variance 1# not b.sed exclusively upon . desire fIN economic or otIHN msterlsJ gain by
the lIppIIcsnt DT OWnBI.
The variance request Is based on tho applicant's desire to engage In meaningful and reasonable
commerce seeking no undue advantage over any other like business In tho City.
(4) T/HJ grandng of the varl8nc8 will be In harmony with the gonersl purposB ~nd Intent of IhtJ
land d8vBlopment code and comprehensive plan .nd wIU not be materially Injurious to
surroundIng properties or otherwise detrimental to the pubnc welfare.
The requested sign will be within current standards as set forth in the Land Development Code
44.51 4e. In addition, landscaping (landscape plan to be submitted to and approved by Staff
prior to the erection of the freestanding sign) will be provided to enhance the aesthetic qualities
of the proposed sign and aid In beautifying Sunset Point Road.
STAFF RECOMMENDA1l0N:
Based upon the analysts of the standards applicable to the variances request, staff recommends
APPROVAL of the requested variances to arrow proposed, freestanding sign to be bulk subject to
the following conditions:
1) This variance is based on the application, testlmonv, and documents submitted by the applicant,
including maps, plans, surveys, and other documents In support of the requeat. Deviation from
any of the documents beyond the scope expressly authorized bV the Board In approval of this
variance, wUl result In this variance being null and of no effect.
2) No additional free-standing signs will be permitted on the property
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SV 98..21
Pago 3
3J Appropriate landscaping (to be approved prior to the erection of the freestanding sign) win be added
to soften and enhance the sign located on Eastland Blvd. per section 42.27 of tho City of
Cloarwater's Land Development Code. Said landscaping wiU be maintained to standards meeting or
exceeding City requlroments
4) The existing billboard wlU be removed within 18 months of October 13"', 1998.
5) The current lease with the billboard company will be allowed to expire and not be renewed if removal
duta Is after Jeaso expiration date OR the applicant will terminate lease if reasonablv possible.
FINDINGS OF fACT:
Staff recommendation is based upon the documentary evidence submitted and the record created
and Is supported by the forrowing Rndings of Fact:
· Whereiis, the application SUfficiently meets the standards for granting variance as set forth in
Section 45.24 of the code;
. Whereas, the County was either apparentlv negligent in not informing the applicant of the
unlawful nature of the billboard at tho time of purchase or the billboard was not unlawful at the
time of purchase;
. Whereas, the City has settled Its lawsuit with the biJIboard company and the billboard will b8
removed within eighteen months of October 13tf1, 1998;
. Whereas, it Just and reasonable use of the applicant', property to erect the proposed sign;
. Whereaa, while the property Is zoned for commercial use, no business can effectlvelv and
reasonably operate 8t a location that is not visible and easily accessible to the public;
. Whereas, the sign anows the driver heading westbound ample opportunity to locate the
business and safely enter the establishments parking lot;
o Whereas, strict enforcoment of the sign code would further Impose a hardship on the applicant
that would outweigh any derivative public benefit bV preventing the appifcant from effectiverv
and reasonably operating a commercial business in an area zoned for commercial usas.
A TT ACHEMNTS:
Photographs
Sign Variance Application
Sketch of s'gn
Zono Map
Site Context Map
Site Plan
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Relevant Previou. Declskln. by the Commlulon:
NUMBER OF FREESTANDING SIGNS
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SV 92-95 23988 U.S. 19 N. Chevron/Dunkin Donuts 2 freestanding slgns/Approved 1/24/94
SV 93-69 26810 & 26812 Rehabworks, Inc./Doctorts 2 freestanding signs/Denied 2n /94
U.S. 19 N. Walk-In Clfnic
SV 93-66 24791 &.24826 Ken Marks Ford 2 primary freostanding 6/1 6/94
,U.S. 19 signs/Approved
SV 93-76 24639 U.S. 19 N. Vacant (formerly Firat 2 freestanding signs/Approved 9/1 5/94
Aorlda Bank with Parks Ide
Office Complex behind)
SV 93-83 2100 &. 2130 Gulf K-MartlPayless 2 freestanding signs/Approved 2n /94
to Bay Blvd.
SV 94-39 2040 N.E. Klein & Heuchan, Inc. 2 freestanding signs/Approved 1211/94
Coachman Rd.
SV 95-02 1284-1274 Economy Inn/Big Apple 2 freestanding signs/Approved 1/19/95
Cleveland St. Family Restaurant
SV 95-12 1060 Gulf mvd. Sand Key Park 2 freestanding signs/Approved 3/1 6/95
SV 95-42 1630 McMullen Northwood Plaza and 3 freestanding signs (2 primary + 10/19/95
Booth Republic Bank 1 auxiliaryJ/Approved
SV 98-08 1871 Gulf to Bay Clearwater Bagel 2 frsastanding signs/Approved 3/21/96
Blvd.
SV 96-11 2320 Sunset Point Easy Pick 2 freestanding signs/ Denied 7/18/96
Rd.
SV 97-07 26417 U.S. 19 N. Olde/Countryside Village 2 freestanding signs/Approved 8/21/97
Square
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CITY OF CLEARWATER
SIGN VARIANCE TRANSMmAL
SV'98..21 '
TRANSMIT TO:
Suun Chi", CIty Cleric
Earl Duuault Zoning Review
Don Bohr and Michael Furlong, Community Response Team
lealie Dougall-Side., Aaalatant City Attorney
, Sandy Glatthom, Planning Administrator
MEE11NG DATE: November 19-, 1998
CASE.: SV'98-21
LEGAUADDRESSILOCATfON/SIZE: Sunset Point Estatel, Block B, lot 18 and part of 17/2320
Sunset Point Road/O.25 8C
OWNERlAPPUCANT (BUSINESSJlREPRESENTATIVE: Marco CheaiblE'asy PickM. Mlchae' Evan., Esq.
VARIANCECS' REQUESTED: ONE; Number of allowed freestanding signs
CODe CITATION (Chapter, hctJon. 'atagraph): 44.51 f4e) na)
oevaoPMENT CODE REOUIREMENT,S): One freestanding .Ign
ZONINGILAND USE PlAN DESIGNATION: CG
SURROUNDING LAND USES: (Please refer to attached map for zoningA.UP designation of surrounding
properties)
NORTH:
SOUTH:
EAST:
WEST:
little People'. Place Preschool
Sunset Coachman Center
restaurant
Snapper Mower Sales and Service
CITY OFFICIALS WISHING TO COMMENT MAY DO SO IN THE SPACE PROVIDED BELOW
fCOMMENTS SHOULD BE RETURNED TO THE CITY CLERK AT lEAST fOURTEEN DAYI PRIOR TO
THE SCHEDULED PUBU~ HEARlNGt.
TRANSMllTED BY: Mark T. Parry
DATE: 10/2/98
FOR PUBUC HEARING BY THE CITY COMMISSION /SVT9821
.~
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CENTRAL PERMITTING DEPARTMENT
100 SO. MYRTLE AVE., JND FLOOR
CLEARWATER, FL 34611
PHONE: 66.....661; FAX: G61-4518
INSPECTION LINE: G6l-4580
SIGN VARIANCE APPLICATION
\ ~ f' II
PROPERTY OWNER(S) NAME " ADDRESS: REPRESENTA11VES(S) (Il &nT) NAME , ADDRESS:
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TELEPHONE: (727) 796-10Sti TELEPHONE: (127) 443-5773
ADDRESS OF SUBJECT PROPERTY:
2320 Sunset Point Rd.. Clearwater. Fl 33765
NAME OF BUSINESS (IF APPLICABLE):
Easy Pick
ZONING DISTRICT: LAND USE CLASSIFICATION; LAND AREA;
CG CG 0.25 acre
LEGAL DESCRIPTION OF SUBJECr PROPERTY:
A~e& Point Estates, Block B. Lot 18 and part of 17
.PARCEL NUMBER: lv-no 11 F-. JUH.l h~ ~, Wl
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6'f11ia information is available from your tax receipt or contact. PineUu Co. Propert, Appraise,.. Ollke at .(64.3207.
It more than one osreeJ number. .ttacb 8 )\ x II inch sheet.
DESCRIBE SURROUNDING USES OF PROPERTY
North: East.:
Little People's Place Preschool Sunset Point Family Restaurant
South: Swlset Coaclvnan Center We.t:
Snapper Hower Sales & Service
VARL\NCE(S) REQUEST: . !IIi em t'i\ . ~ h.n a1~" Ri Pn!ll Imti 1 too Av-l 1'1.... no
1) A variance of ~ fr~ billboard is rerooved DUI'suant to a settlement 8 . ..'- City and the
billboard c .
2) A variance of 233 square feet to permit 8 new free st:andin2 81M of 60 square feet
where a max.:lmll1\ of 64 square feet is allowed. tnlt11 the existinR billboard is removed
pursuant to 8 settlement agreement between the City and the billboard cc;rnpany
STANDARDS FOR APPROVAL: A varianc. .hall no( be cranted by Ule '-'It)' \...01ll1H&aJJ.llJU UIU'- ..... ..rr..--.....
ind wid.nc. preaent.td ele.,I, IUpport the followlnr condidon.:
I) Tbere Ire apodal dmuD'tanceI relatod &0 &h. plJ'tkular physical.urroundinp, "'apt cw topocraphkaI
condition. applicable to th.land (W buiJdin,.. and .uch c:in:umllancet Irt peculiar to .ueh land 01' buiJdinp and do
not applYleneraDy to th.l&nd or buildln" in th. applieabl. 100m, d1et.rict becau..:
See attached addench.l'll
2) Tbe .trict .ppUcalion of the proviaion. of &he codo would deprive the applicant of the re480llabJe UN ~ the land
orbuiJdinp becaul8:
See attached addendum
8) Tho variance i.a not. bated exclusively upon a desire tor economic or olher material lain by the Ipplkant or
owner because:
See attached addendlD
oQ Tbe p-anUn, olthe varianCCl will be in harmony with the lenera! purpose and intent. oCtJle Land Development
Code and Comprehenlive Plan and will not be materially injurious to .urroundinc properties or odtenviM
detrimental 10 &he public welfare because:
See attached addend\D
f'OR~. SJa~ \'ARlA.':C& (De<.trnht, II. IG9GU.fIO..0003
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CLOSING STATEMENT
SALE OF COUNTY PROPERTY
SALE OF PROPERTY:2320 Sunset Point Roadlc{6:L~
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GRANTOR:. PineUas County. Florida
GRANTEE: Marco Cheaib
LEGAL DESCRlPTION~See Exhibit attacbed
Date: 5/3/ ~~
..
PAYABLE BY GRANTEE AT CLOSING:
Price of Property:
Less Deposit:
BALANCE PAYABLE TO PINEUAS COUNTY:
Florida Documentary Tax:
Recording Fee:(Deed)
Recording Fee: (Assignment of Lease)
PAYABLE TO KARUmN F. DB BLAKER:
CLERK OF CIRCUIT COURT
{'lOrE: ,THERE SHOULD BE TWO CERTIFIBD CHECKS ~ ONE PAYABLE TO
PINElLAS COUNI'Y AND ONE PAYABLE TO KARLEEN F. DE BLAKER,
. CLERK OF CIRCUIT COURT
$98,499.00
$ 1.QOO.~
$97,499.00
$ 689.50
$ 15.00
J 28.SQ
$ 733.00
The undersigned hereby acknowledges receipt of a true copy of the above and hereby approves
the same and certify it correct.
Approved and Accepted
Purchaser
By: ~ r:.o c...brh-~
Seller, PineUas County
mise.sunl
By: yJ.G"""lX<-,/ ) ) I r' {( cu.-... \ ;
Lf0.cJ- ut r;<---b. CL~ L-,,*"
-:fit e ~wU (l.Q.. ~l,V>'4- ·
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EXHIBIT IlAIl
South 25 feet of Lot 17 and All Lot 18. Block liB" Sunset Point Estates, according
to plat recorded in Plat Book 39. page 67. public records of PincUas County. Florida. LESS tbe
West S feet thereof for road right of way. and ALSO LESS that part of said Lot 18, deeded to
the State of Florida, and filed 1une 20, 1963, in O. R. Book 1703. page 647, Clerk's Instrument
No. 820058; PineUas County Records. described as follows: Begin on 1hc Southerly extension
of the West boundaIy of Lot 10, Block B of above descnOed ~nset Point Estates at a point
540.08 feet South 0 deg II' 58" West of the NW corner of said Lot 10, run thence South 36
deg 10' SO. East 24.89 feet, thence South 89 deg 39' 2811 West 15 feel, thence North 0 deg 11'
5S- East 20 feet to Point of Beginning.
LESS THE PUBUC RIGHT-OF-WAY DESCRIBED IN EXHIBIT "A" AND ALSO
DESCRIBED AS
That portion of Lot 18. Block B, SUNSET POINT ESTATES, as recorded in Plat Book 39,
Page 67 of the Public Records of Pinellas County, Florida, being further described as follows:
Begin at the Southeast comer of said Lot 18; thence along the South Line of said Lot 18, S. sgo
SO' 3811 W., 87.05 feet to the Easterly right-.of.way Line of AtJantis Drive (55' right-of-way),
as recorded in O.R. Book 1703, Page 647-648 and O.R. Book 3655, Page 281 of said Public
Records; thence along said line the fonowing: N. 36041' 3211 W., 16.59 feet; thence N. 000
21' 5311 B., 21.17 feet; tbeoce leaving said line, S. 450 19' 30- B., 24.11 feet; thence s. 8~ 02'
4411 E., 79.80 feet to the East line of said Lot 18; thence along said line, S. 000 21' 5311 W.,
15.95 feet to the POINT OF BEGINNING.
Subject to the reservation by said party of the flJ'St part of an undivided 3/4
interest in, and title in and to, an undivided 314 interest in aU the phosphate,
mineralS and metals that are or may be in. 00, or under the above described real
estate and an undivided 1/2 interest in all the petroleum that is or may be in, on,
or under said land with the privilege to mine and develop same.
Subject to Easements and Restrictions of record.
Parcel Number:06/29/16/881461002101BO
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~SSIGNMENT OF LEAS~
THIS AGREEMENT is made this orot __ day of ~rit! 1995, by and between
PlNELLAS COUNTY. a political subdivision of the State of Florida, hereinafter ASSIGNOR, and
MARCO CHEAIS, hereinafter ASSIGNEE.
. RECITALS
WHEREAS, ASSIGNOR is the owner of certain real estate by virtue of a Stipulated Order
of Taking and Final Judgment as described in Official Records of PineUas County, Book 8152,
. ;: Pages 94-102; and
WHEREAS. ASSIGNOR was assigned an interest in a Billboard Lease as part of the
Stipulated Order of Taking and Final Judgment, a copy of said lease attacbed hereto as Exhibit It A It;
and
.
WHEREAS. ASSIGNOR has already approved the bid of ASSIGNEE for the purchase of
said real estate on the ;;) I ~ day of F" e b r (J ll'(~ 1995.
WHEREAS, ASSIGNOR now desires to assign all rights in the above Billboard Lease to
ASSIGNEE, and ASSIGNEE desires to accept the assignment theroof.
NOW, THEREFORE, for and in consideration of the sum ofTEN DOLLARS (510.00),
receipt of which is hereby acknowledged, and agreemeo.t of the ASSIGNEE and ASSIGNOR
, referenced herein, the ASSIGNOR hereby assigns and transfe1'3 to the ASSIGNEE, without recourse,
all of its right, title and interest in and to the Lease hereinbefore described and the ASSIGNEE
.. .... 4 .. .
hereby agrees to and does accept the assignment, and in additioIlt expressly assumeS and agrees to
keep, perform and fulfill all the terms, covenanw, conditions and obligations required to be kept by
the Landlord under such Lease.
, .
This Agreement shall be binding upon and inure to the benefit of the parties hereto. their
heirs. executors. administrators. successors and assigns.
Executed the day and year first above written.
A TrEST:
Karleen F. DeBlaker
Clerk of Circuit Court
(printed name of witness)
By: ~~ ~
Print Name: M.... m ~~ G Y'tl 11 J
Deputy Clerk
(SEAL)
.tib,~~~KJ~
Mr14.Jt.€i!N. 'LJj6/LVQ)4'_
(printed ~~ o~witn~)
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ASSIGNOR/SELLER:
ASSIGNEFlBVYER:
MARCO CHEAIB
BY~~CHEAint. ~~.,~'8 (SEAL)
1596 Michigan Boulevard
Dunedin, FL 34698
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STATE OF FLORIDA )
COUNTY OF PfNELLAS )
The foregoing instrument was acknowledged between me this 21st day of
, March . 19 9S . by STEVEN M. SEIBERT. Chairman of the Board of County
CommissionerS for PINELLAS COUNTY, to me well known.
'fJ~/(!~~
Notary Public. State of Florida at Large
Eleanor Calcese
, (printed name ofNotaIy)
My Commission Expires:
Q) REANOA CAlCfSE
Ilf COLMs:sa:w, COJs2a ~
IdItdI a. U95 '
lOCO n"-l nD'rue 1CSWJ(f.JC. '
STATE OF FLORJDA ' )
COUNTY OF PINELLAS )
The foregoing instnnncnt was acknowledged between me this 8 rrl day of
L..y ~\.9" w 19 q S . by MARCO CHEAlB, AssigneelBuyer, to me weU known or who
has produced OHIO D a., v t.~ L I t;ENS ~ as identification.
, ~ ~'l'lol
J< .rl-rL 11 fYlC~ ·
~daatLarge
(printed name of Notary)
My Commission ires:
r OAt.
5E1Tr ANNE ~c ctA1N'
NOJ'AAV PUBUC stATE OF R.O:!m
OOMMISGION NO. CC11c:J7.5
MY COMMISSION EXP. u8. 101996
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Attachment
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\ tE. 2~, .~u9~.~.l 1,990 . R 'E ~.i. ~.E'ST'A T'f{7L E' A S"E" .' . tf;A';e'~': :~~~.i(/',:: ~:;:;':'-':;'~.~<~~
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fhc u~dC,.,..O(u:dl'" ..."tc.iiof. he'~b' '"c~scs ~I\d ounh c,llcfus:"ClY \Q, P^ mlC~ !.U::OfA' aROU~ INC,. . ," N.~ ~t'i
(tlcra.UvUc' qUed l ('uee) 1M propcrt, (with tree, ,1eees ~Io, ~nd UP~l\ S;-'rnc) d(.J.((jbod 'U: ' th4 ( p?t" (,Joc:* at, . . 1-)' :'~
. Sunset 't. "Rd; H/L. E/O AtlAntis., ,..'6.~2'o:'.16)" ~\!.nset Pt. Ests; .~, ,
. Olk Q.. Lo~ 18' Store' 102ia 2320 ~u.aset ,Pt_ Rd,' .' .~:. ~~ ',:~
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as shown in xellow.on "ttCtched scl\(~dul~ ^il\the Counly ot .P.locll11S .. ':. H > ~
in Ihe Slal~ or . f10rida . . com~enc1t\O Oft JuIX, 'J' ., , ':"'.V~' ~ Ib.<..Putpo;e-.oL . ~.~ '.i:';
~rCC1Jno ;and m~lntJif\lno adver1hfng srgN Ih~(.on. ~ch/djna sUPP'OftlnQ Jl,uc:tures~ rlrumftialloC'a tWI/H., Jnd.lOnnc(1.o.os. .,..'"
u:rvl~e la~de(S at\d.Olhef .QPu(1~~an(u thereon., .' --ca. e:ulC.ndaNroflYl.'., ~H~~
~..\.'.uo- .<..,.~ -5tt- AddeMunr-At-t-a<:~ ~~~ .' ~'.
. UtI Y .....$...lll'!\-en~ t tf\f\!.nt-<<l"" the"C<tmp~t.ol'l -of- ~om tf'O c:1 ~ -(.-e))<<7-)oj; M: -o.xw,; -(tie ~';od- lI'noc- 10 ,. ,
~.t.:oA-ol ~""v~J.o.;iI ~,.'6 ~ ~~~Io4-dvM"'O wh;cf\~ ~d..-.o<..s-l^~ ~~"ptartd~o(~tw'"p~/r-\t'llMu.e,..l&l- .' ,
~ ..~.,:~1:~fUo.OOj-OoUa"- ,No ,advettl Slng copy~ c6mpeu tl ve or obJect tana! to .lessor to ,.,'
,ti~'.dlsplayed on. subject property:. '. ., . -.-.~t. '.:...;..' -_.,;.~,""':':.:.'-,:'
LUfOl """"Ion,s 'hU lessor Is th~. Owner. at lh, ~bovc-d(I(J';b(d rut esr,u~ ~nd ha$ 'ull ~ll'fhQri'r . ': ~.
10 IN~C this atj~ccmcnt: .nd the le,Ut.c shall tu'U: the r(o~ ~mcenur "Pplic.a~ions wilh. intr ot)l;aln petml!j. f/om.' . _:.::..
.go...c,nment,1 bo(H~s 'or the con~tru<:(1On ~nd m~lnr<n,nct: "41 lessee s stQ.!ls. It the sote discretion of Lenet. AU $UctI "crml~ ", - . t.
Sh.aU'.a'wloyS tem'ln the O'oDc"r or tenet" ,. 4f" '. .' . "
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, , cost. tlctJons DM c.ours.s of f1ctloos , . .
t.cucc Ih'''.,UY~ the lelSOIh,tmlcu f,om aU d'm'o~to pelSons ~ pto~ttr br ruson oJ 'c.ct~enll rCJultrnp ftom the ~
'CiS or Its '9cn". tmOJoy6e1 Ot' olhe,1 cmD'o)'~ In the con~l/uelion. mainltr"nce. repair ~ (e'!'O'I" of les signs Ot'l 'fie p.-oPCI1Y: .
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, This agtc;menl IS ,luse enol.. Uunst). and,U ,19nl. SCt~tur(S ,l1d a."Qlo,,~tn(MI p'~cd on f~ Pft11llses by Of f~ 11ie lCJSte
SNn (~m,Jn tnc &)lope", 01 the lUlU. It'd Ihat. not whnSlll\Cr4\O Ihe IIel tnal the l&mc c;.onscicutc t~r ~U(c: 11~(,I(n W," . ~~
shIn hlvctht doht to I(m-(We the IIInC al anYllme (fut'OQtlhC 1~n) ot J~ I.tl'U~~<<tlt."~~*~:~ Len.. ,.'.
<<lUst "~"e Tn 1 (S) IIprO'ofOH[\ S C'N <estoro eM r..6, to HS or .OlcooolUon. . . ....
. ' ,- f ve .., (It' to triO ~Utlt on .or tondnoUoo :'t
Ttre Ie'''' of If\t1.lC&lC ..II' M "~5"U'Jc;otnmenctng ~ the Galt ad fM"~. IC..I ah.u conUl]Vt '" 'uQ tQico Jng .,
cUCCI 'ot iu .e/m..... f-i~tt'N-'IC' IOl-svtJK1:V("'. 'VO.C4s;...~~-4to1l1'\' ~M'MN'eHl""~ (,1'4 or lweh lCM\ <<- ~,"~ _ _ ..
~: ~ ~'C"l4"4i:.('b) C"c..w.f.~"t4-4\" f.es'-iN" t\;~r ~-4'r~forc ~ (.1d 41 ~t 1(0,," (l:f'':'. .
.~~q~.~ "~;-tt.,.( proYlded ""1' leuee.\ftHeffilMhe l'gh, '0 .CI'~II lbt.Lea6"IM encs 0( ~n1ltdt Qy period UpOIa. ,..,'
wIllie" noUce1Ct It:'SOl Ul'Ved noe 'eu (hlft fGOJ days pt~ to Ihe eC\4 of Iud\ d&tY. dar PUIo4.., . J,
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t", o("'t-t~ $.~<."'<U:JU:"Oo"'~cf",~o 'vtri~ p~~ n)'-~U\4'-04~J- pr~CI'~h...t.,?' 41~~~,. .....I-ht~~r...P\4-
\.-t;~';~s-l..::\o....t"e-u<rt"~~ ~tCOU(t it. ~r-s,.f.t<"~:<1>>"4 ~':"I '~A)"~t1"~>>i~~~1'Ot'..: ., .
~~ .~~t~.. Mr <~-(h<>>-~6 fof-l'C'X'C'~~~17 ~olf' c~-l'C~:-" . . .' :t.
I" ,he c"en' thiS f.l an, of lessec.' ,ion, an Ihe premi,es bec.omc cnU;ctj Of outl'"r Ob~tr\f(;tC<l' Of de,Crortd; (bll~c Pf'tmlse;Jo.' ."..
ut\not ul..-, oc ."cd '0' I'" .techon 01 rnalnlcn,.,cc 01 l<u(c., ,fon. (hC1"COIt '01' anr ,uson: (c) the value IOf the toc.&(~ lOt' . .....
...d"ertt,"'C PVfpOlel bt:;o""Ct.dt41'\I"~t4: (4) Ihe w-Jew of ,"'Cnce-, ligns 'rt otIw\tCtc:4' at Un,,.lteg.~ anr w'r br."'l ~td Ot'
VfO..tl'.O" 'Ar olDPe"r.9! 01\ aft)' nttghbofJng plo&ttCr owned 0' conltoUed Clt lessor: ItJ 'ht lessee Is unat)(t to OOC.,., anr '
neccsutr pct"u, rOl :hc7tcc:llot\ .nc"or~'nle^,n(C of sudl 'IOn's, '$ tf\.e lcslft (l\ayc.k.lfte: ltJ &he tesl<< ~ PfC"'fnltl1 br bw
ff04'n co".ltvcr-Olt '~lo' ''''If'It.in11\O 01\ 1M pfcmllC' such "0"'('. as Ihe leu<< mlr ..kllt<<; lhta' lhe leuec. mar ec';t1 oO'~-
~u.d ..~ u",a" tr..DI"G pot'~CoI'.~. .cf.u.u.4 ..,alu. .01 !h6..pt.lX\4c:c. .I4f'..a<JtI",,",LlI, ~"_ << ~r Ictm!tbll aile buU on .
Mlct"'. 51411'1. n.:tC. "' .'1'1"(1. lcssOl ~tCCI (I\ertupon Co ,",(t"rn to Ihc l.n'<< anr ren' p:,ld ~ &dvmee to(Ih(: V1'\tapftcd Icrm.
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"". r ....:., c.e. C\. ".....: ~ Q ~"" ~~ ~ e:l'f't- ~ b r otrt' ti.. fo f~): -i ttr;vc;tr r.:&ocnt"I'C'I\~ ~ t'C't'n2i.,.. VdfuFiO" IonO 'U 'Soar - ..
~dt!.c. C~aA;'H-~~.s~ ......-c:n:t ..~rt'Cr tc""~I"'t:fCC't1Y.:1l"~ 0')11' .X'C1-br1bc- )ionT."-. . .. . . h .-
TJ'rS lnU' 11:." cO"t:.:,,'t :"f lole "rument ~ the p~rht' fcradno t Ille Ctt'~lftrsel. Hti'htr ~~rl)' will be bouncJ "'Irv ~n)' 1erms. : \!
0''''' 01 ""."''',1\0: sn f~I'" ':>-t<"t(~tlr In fh..l.uIC. Thfrlus< is bIn .1'1-9. upon and It(""Cll~ 1he btneRC.o( It\e ~~. t.rtcvlCk"$ .. ...t.
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toto end ..,CStI e P4rt hereof..".
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-by flv.e.(S%) .~r.'eflt. ~ffect+v~kh-t~e-fJ:.,st fla~t~~ . ...' .~~ ,...... ft'
.-o.t:-t~erm.;.." ._.~ .. . - .. . , . .' .,... .',: ,,:...t' .;~: (,' ,
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a 3. Thl s I eas~...$t}a II supercede' 'and r~p( ace . U\i~t ceru In, pr lor' 1 ease' ,,'greemeni' '. :i.1(':I
. dated' JulY, 9', 1994 'between Th~, Southland 'Corpora'tlpn , ~ess'r~ t.o 'the '. " ';: ',' ','. ~:.~
l-nl~rt'l -or Lion Oil COiltPbn1.' lessor' and Patrllk Media Group, 'Jne; ...successor ' ". .,.'~:
to the Interest .of Foster and ,)aelser u (essee~ .' - _~ . f ' '.. ~ .:; : ~
..' ~ f . . ~iI ~ .
14. NOTICES:' Any not1(es'reQul.r~d or~emltted hereu.hder Sh,,'Jl. W" In'wrlt-i'ng' ",.~
and dellvere.~ either In person to .the other~party or ,the 'oth~r party's-..
authorized ag~nt. or by Un,lted States .Ce,.tJ'f1~ Hall. .Return ReceIpt, ',..
Requested. postage fully.prepald, to the addressee set 10rth herei~after,
or to-such other address ~s either party ~ay'~esf9ntte in wrjtlng.an~.
del her as herein provided. .' . . -- .
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LESSOR:
the 5puthland Corporation
.2280 U:S. Jjt~h,...ay 19 'f:~
..su 1 tc 214--
'C-tee.NGter. fL j46e~
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Patrf,k'Medl~ Group, Inc.
5555 Ulmerton Road
CleaNater.-fl 34620 .
:
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-2111 H;)rUt HuhU A~.
0.1 1aJ~ Tun "204
Attl'l:. PoNI [,tltt ~rv'ces
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lES$EE:
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. "\rmu~ R:Nlt\l it 0: AS ~2tL&WS rOavUPL:OtHHG~\,(AA$ "'f:CI: Jlmlc.;,;:t~
~ 5: MlU~kt lUC'i(:fo.S:
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.EQl:~1 Monthly Installment.f~' ,.
.-
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ItS ann. gross l\.t., 60 ,,"'ItiftW~et-&ss- .
SZ.131.!4A-Gf-.211 revenue ~ni. -<lr 210:,; -rtyt~,,:- .i.
Sl.237 .704~ ZZ~ ap~veRGBss $1.86.48 -or 22: 1IIe~1~f'?~'S~ ~~
S2.J49.S8J.~23~ ~nn. gross Si9S.79 9r 23t~IOOA;hty~ .....
, vi revenue 4 '.. . f'r:lte~. . . "
S2..'61.02A~ 24: ann.. Gross $205.58 ~~. ~.:..
. n revenue .~. -~ ~;-.., .
S2.590.38A~'S: ann. Qross S2J~.86 ~r ~S!;;on1hlY ~s-s-- .-
.. . 4\ revenue. ., ~e-- .:.'
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MlnJ...,. M:lUIl J. Rent.!! 1 ~
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1990-i991'
J9~,.1992
1992-1993
1993-1994
199A.199S
LUSH _pt.., ~o ,., :0 t.uor thf y..tl, , <tN .41"1.... Mr&Ill Atnt.I' ItS "t", ..
~rc:.l\t.ge of AMoItl"Gron At...~ Cue .~) r lW'tCS bJ .....,.. 40Irlng eoQ. ..o"'~,. .
0" tN tarll Nr<<)'... LU'.N shall ~ .t~ .f( nS.. ~l Aont.1 '11 ~I 1OtI'''1,. ........: '1 ;"
InIUH...n:. 0'" Of ~tot. S'" ,.tt" c:a)' ot Uc:;lt 1.n:Ut IoOnt": Within 1lx\1 cSa,.. ..ft...... .
thtl .I'd of ..'h I.... ~i'. uu.. ,hel J pfovJ le-ssor --rUt . Uot.-at t..t the gt'01'
,. "'WI'llIH rK.I~ by un.. durJI'Igi luch 1.... '1' tog.CMt wUl\ lnu." ClOr-tlt 101'
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DIAGRAM Oil. Tt (, (,';/ ~ rOR [MAN'
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1. The undmlgned. ..1Mtor. ~b1 *"' and QrantI.xcfucJvtly to PATRICK M!OIA GROUI'. 'NC"
(hoftlnaftlt c.I1ed L.etMI) U\t pt"09<<ty (wIth fM tocMe to IOd upon tame) doecrfbtd ea: '
Sun~et Pt. Rd. NIL. E/o At1tnt1s (6-29-16j Sunset Pt. Est.
81':. 8. Lot, 18 2320 sunset Pt. Rd. lr
, ' In thf County of Plnellas
In the Ita~ of Fl arf de . ~ng on May 1. . ,~ 96' . lot the purpoM "':
.,.clIng Ill"lCS mafntaln'ng adVertllJn; aIgnI tMnOn, includIng lupportlng ltt'UOtu,..., mumfn&tlon fKlllt,. and con~
..rva lacfd..... and other l.I)purteMOCtl ~. .. -' '- .
2. lMMtI. ':'. "-':""""01 Two Thousand-One Hundred Dollars-:-- (12.100.00' ')DoI1etIptt)'aW,
payable ~\mentl. btglnn'r.a on r.-:-. comp~ 01 conawotlon ot~nI, b"lCClncK~
"~Jltlltl(~~~~~~t4X~N~ .Il(~~
)(tmltlltlaltBn.OC'O>>,IQO)(~' '. " ':
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3. L.etwt warrantl that lMtOr Ii me- _ ownet! . '. . of tht .~~ rNJ ettli~~ ~~;urf tuthorttr
to mako thlt agroifnent: and thO i.M.tH ahan ~ 'the ,'lght to I1lI.b .,.y nec.mary applloallooa with, end obllJn pGrm.t. from.
governm.nt" bOdloI for the oonttnIdlon and malnbtN.'nce of t.6s.H'. IIanl, It tn. 1101. dItOtttlon of L",", An .\ICh perml\l
l!'\all alway. rtrnafn th. proofftr of LeaH. .,., ---:' _ ~ .., ,==.. . -=- ---
_ .. -: -: ---:.. .., :. . ~ . --- .-... f ., ......
4. i.e:uH than lave the \..QtOfhannl... from aU damao- to pel':'OM or ptol*1y by rlJtO<'l of ~cf'nt. r..tlllIng frQ'" 1M negiiOtnt
iCU of II. .gtnt., employ... or Gth.rI. .mployed 'n lhe QOn'tN..~Ion. ""'ntonlllCl, ,.palr Of r.moval of It. af.QRI on 1M propti'tY.
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O. 1 hi. ll.g:~.ement laaL.uo Cnot a LJc.nte). and an.lg"'l. structu~ and Improvem.nft p1lced on Ihl pr.m'IfI by or for u". u","
.Iul; '.maln the proptrty of the lttIH. and 1Mt, not w<<flIlandtng !ht f.::e that It\t Kme con.tltulo r..1 ttfato fJ!4UraI, LUleo
tnall ha~ the right to Nmo't'I1M lime at any UN during 1M ttfm ~ the least, or .n., the explracfoll of UWJ t:an.
o. The 1et.-n of tll It Luot wIU be ~&~a~ commendna on tht date I'-ltorth ~.. Thll ...... ,han contlnue~' f~il fotce -
, .ffeGt for its tt~ and tMrNfttt for tubNquent aucoeurw like tenna "nllll Ittmlnatld ., the end of t1IClh term Of Any s~
-' ~~.;' :;i"il ~ wtltten nollot t1)' the Leaor 01 ....... "'l'YOd not If ,sa than nrAtty C9O) dArt befOl'l tne .net of aud1 twirl or
, lubttQuent tiki: ..rtn, provf,*, Ih.' L.... ..",. haYe ~ righi to 'IrmJna!. ,ht LlaMat tht end of eny Ildy dIJ peI10d upon
. Vo-r::ttn notice 10 Leucr Ht't"td not fen then ~) dayt.,1):f1or to tM ~ of IUCh 'bet)' dIIy PttIod. . ; ':.,: .;', ,. . .
-:-.. ....... . ~.,. ~ 11\.." -:- . .... .... .pt.J:~," J . ~.' ...,... .~' . tt
7. '" iN event of .CorIdemnatloft of the ",bltct prtmlHl or afty part lhoreof by PropIf avtfIOrttllrt. or r.locItfon .0.' Ih.),rghway. the
Lessor granb to the LtIH'I the rIGht to raJocatt Ita dlaplay(l) on Uuor', r.maJl'lklg ~ "'Joining tho condemned propertY ~
the ,.loc:atfod hlgh.." Any c:on<lomMtIon awf:"d ~,lftlH'l ptOperty IhIJIIlOCf'H to L..teO. ..' ,,: .; .
... ... . 1'. ~ p.~.1 ',' ~/....,...~. ~ ' ~. . .
a. In thO tv~t U\at "J any of lotMt', .!glll on the preml.... beCiorM entirety or partlany obttfVCtOd or mtroyed: (b) thil premises
cannot woly be uMd for tilt tt~1on Of rnaSnt~.of L.-...eo', .Igna thereon for I1rI teDOnj (0) tho value of 1M loeallon for
adwrtlll"G PurpolO'l f)tCDmta dimInished; Cd) ~,.,tcaw (If LttMe', .Ignt art obstruc1td or Jmp.aJrtd In.,,~ war bj any object Of
growth Oft any propor1.y or on any neJohbqrlng property Owned Of controUtd by Louori (e) t~ LesMIlI Unable to obtain 11ft
. n~ pirmU for the Iftctlol\ end/or maJnltnanal 0( lUOh 'tgn(a) at tf'tt Ler.*r may Clttl,,: Cf} tho tM:tM be prtmnlld by In
..; from con,trvolJon aM/or malnlafnlng on'the premlln.uch Irgnl(l) u the lttteI may dtof,.., lhtn tho ua... mar lit Ita optloa,
. ~Jlllt the rl1\t In propottfon 10 the dtOl~ ntuo'Ot.the prtmbel Jot IIdYtrtIIfna wrpotII. or may terminate me Uut on
flfioan(US) .s.,.' notice In w~~. LtII<< ag,.... ~ to 'mum 10 1M L~ any twit l*cf In advanCe for 1M unexplred tP11l.
,. ~. . .........:-.. .. A.--!'4-.. -:-....,..... "i =.........~:.....:.. 'f...... ...... '0:. ~ ..;. ~
t;, If l.OtMe Ia PrMrTttd by taw. ~ order; or other caUHt beyOnd Utait'. COl'ltrof from niumrnatrng ItI Wgn'. lfIO LOPM
. ft1II)' muoo the rtntaJ prcM<lfld br ,*",r.ph J by QMohIJf ('t). with luctl ~ rtfttaJ to ,..".fn In .ff~ 10 long... eudt
candhlon continua to emt. LosaetIlQ'''' to pay aft ~~ power COIU uMd by the IIQIlI. ; ,
. ...;.... _ '. -.i""":' ..,.r.,:.: .~._ :.:- . 41 .~\ .' :
10. 'Thl" Loaa aha11 c:onttltu\1 the totll;rottMnt of tho ptttlOl reletlng to the Pfeml&M. NtIthtr"J*1Y will be bound by any ttrma.
ora! or wrru.n. not Ut forth IP-=,"01"1 In Utla t.eeH. ThlJ LMH II blndtng upon and InurN 10 tM benent 01 thl hel,. ~'
luCCMtOtI, and attJgna of ~ 1M L..... '::.:. -." ,
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11. AU re"" to bo paid PUl'lUant to ~t. ~.~4 not~~' ~'be fornrdtd 10 tho underJlgntd L.es3Of It tho 8dd,...; 'noted
below thl ~, IlgraatUre. - . ._~ ~ "c':"
EXECUTI!D by thel.Qoor In th~~~~ ,... ~""~~~- . : who II he~ requNted to ~rg; ~'.ri,..;..
....,:,.'......... ~.. : .-.". ... . . ,.. . \'~. .
~\TtiES8: ~ ' , ~/; Le~~(8) l.:J.^"~~ "'- ,~ " :,..
^~. .., . CK MeciA anou; INO.' , ' . '..:'~ Marco Cheafb ~ .
,:1\'r';"M~'~~"~'i,.: .>dcI~ ~'~~~II:B~~~h.
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,- . . · . .' '. "?,j'~i';;,~:,:;;" <-<2 'Jl.. ~~. d ~ ,"\.\ <\ (;1":\" . .~. '/t,;.
~.FOAM 0 1/87;~.:.-~':":.!j. V ;":r '~~" - v~ - ~ -' .. - .
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I) The subject propoerty is a convenience store located on the north side of SWlSet
Point Road in Cleanvater, Florida. A medium in the road prevents access for vehicles
traveling eastbound. The building adjacent to the subject property on the east side
extends approximately twenty (20) feet closer to the roadway and completely blocks
the view of the store to vehicles traveling westbound. Since no one can see the store
heading westbound and can not access it conveniently coming from the east the result
is devastating to the existing use of the property. See attached photographs.
2) The subject property is zoned for conunercial use, however, no business can
operate at a location that is not visible and easily accessible to the public.. The owner
invested approximately $250,000.00 establishing the property as a convenience store
and now it is not convenient for anyone to stop and do business there.
,3) Unique circumstances exist in that PinelJas COlmty sold the present property to
the Applicant and assigned the billboard rental agreement when they knew that the
billboard was illegally on the property. They never advised the Applicant that the
billboard was illegal and that it could prevent him from placing a free standing sign
advertisng his own business. The Applicant feels that he has been betrayed by the
government that should be there to protect him. His desire for the sign variance is
merely to place him in the position that he should have been had it not been for the
County's Jack of disclosure and candor.
4) The City has now settled its lawsuit with the billboard company and the bi1Jboard
will be removed in the not too distant future. The free standing sign that the Applicant
seeks approval of will be the, only sign left and its use will be confonning.
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SUBJECT/RECOMMENDATION: Approve the applicants' request to vacate the North 5.0 feet
of the 10.0 foot Drainage and Utility Easement lyIng along the South Side of Lot 6, Block AiH 1'1,
Northwood Estates ~ Tract AiF", less the Easterly 5.0 feat and pass Ordinance Number 6359-99
on the first reading. (V98-07 - ERICKSON)
fW1-
Clearwater City Commission
Agenda Cover Memorandum
Work sessIon Item II:
Final Agenda Item II
Meeting Date:
IE and that the appropriate officials be authorized to execute same.
SUMMARY:
· This property is addressed as 2933 Sweetgum Way South.
I ,". There is an existing pool enclosure that encroaches i~to the easement. City review procedures
currently prohibit this from occurring, because Planning and Development Services requires a recent
survey. The new Land Development Code will also require a survey per the Planning and
Development Administrator.
· The City has no existing utilities located within the easement.
· Florida Power, GTE, GTE Media Ventures and Time Warner have no objections to the vacation
request. '
Revlowed by:
Legal <;:e Info Srvc N/A
Budget N/A Publlc Works ~
Purchasing N/A DCM/ACM N/A
Risk Mgmt N/A Other N/A
Costs N/A
Total
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City Manager (Yl '0 R1if)
1&1 None
Appropriation Code:
Printed on recycled paper
Rev.2/98 VACATION 98-07 ERICKSON
~ tl :l:. ....1
-~...............
-
-
'.
ORDINANCE NO. 6359.99
to
AN ORDINANCE OF THE CIll' OF CLEARWATER,
FLORIDA, VACATING THE NORTH 5.0 FEET OF THE
SOUTH 10 FOOT DRAINAGE AND UTILITY EASEMENT,
LYING IN LOT 6, BLOCK uH'\ NORTHWOOD ESTATES -
TRACT UF"; PROVIDING AN EFFECTIVE DATE.
I
I
!
I
WHEREAS, George E. Erickson and Mary S. Erickson, owners of real property
located in the City of Clearwater, have requested that the City vacate a portion of the
drainage and utility easement described in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and, it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. The following:
The North 5.0 feet of the South 10 foot drainage and utility easement, lying
in Lot 6, Block "H", Northwood Estates - Tract !IF", less the East 5 feet, as
recorded in Plat Book 77, Pages 46-47 of the Public Records of Pine lias
County, Florida
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
~-=
L n Carassas --
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6359-99
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. 5' Drainoge .& Utility
Eosemen ts \ Typ.)
EASEMEN T VA CA T/ON
REQUESTED BY
APPLICANT
SWEETGUM WAY SOUTH
NORTHW OD E TATES
Lot 5 Lot 6
5'
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Lot 8
Lot 22
L 10' rainage& U ility
BLOCK H Ease enls (Typ.)
P B. 77, P . 46
Lot 21
Lot 20
Lot 19
DEER RUN SOUTH
CITY OF CLEARWATER. FLORIDA
PUBUC WORKS ADMINISTRATION
El'fGDfBERlNG
S-T-R: 29-28S-16E
Grid I: 2228
THIS IS NOT A SURVEY
"ERICKSON-
vac98- 07 d.dwg
Drawn by. EA
Date: 11/12/98
Ordinance 63~9-99
..a::..._ _ ~_
:\ .
efvJ:f-
Clearwater City Commission
Agenda Cover Memorandum
Work sessIon Item #:
Meeting Date:
=C\
J:;(.'o.~p
Final Agenda Item #
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the 10.0 foot Utility
Easement lying along the South Side of Lot 16, Forest Estates and pass Ordinance Number
6360-99 on the first reading. (V98-08 - COOLEY) ,
IE and that the appropriate officials be authorized to execute same.
SUMMARY:
· This property is addressed as 1843 Oak Forest Drive South.
· There is an existing above ground pool and wood deck that encroaches into the easement. City
review procedures currently prohibit this from occurring, because Planning and Development Services
requires a recent survey. The new land Development Code will also require a survey per the
Planning and Development Administrator. '
.
· The City has no existing utilities located within the easement.
· Florida Power, GTE, GTE Media Ventures and Time Warner have no objections to the vacation
request.
"
Rovlewed by:
Legal ~
Budget NJA
P~rchaslng N/A
Risk Mgmt N/A
Info Srvc
Public Works
DCM/ACM
Other
~
-i:-
Originating Co t:
Public Works dmlnlstratlon
User Cop
N/A
Attach
Ord.
Costs N/A
Total
Current FY
FundIng Source:
CI
OP
Other
Submitted by:
City Manager fi\.:S- e.
I&l None
Appropriation Code:
Printed on recycl.d pap.r
Rev.2/9B VACATION 98.08 COOLEY
+' '....
I
["
.
ORDINANCE NO. 6360-99
/
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 10.0 FOOT UTILITY EASEMENT
LYING ALONG THE SOUTHERLY LOT LINE OF LOT 16,
FOREST WOODS ESTATES; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Earle T. Cooley, owner of real property located in the City of
Clearwate'r, has requested that the City vacate the utility easement described in Exhibit A
attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general pUblic
that the same be vacated; now, therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
The 10.0 foot utility easement lying along the southerly lot line of Lot 16.
Forest Woods Estates, as recorded in Plat Book 69, Page 17 of the Public
Records of Pinellas County, Florida
is hereby vacated, closed and released, and the City of Clearwater quitclaims and
releases all of its right, title and interest thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption. '
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
c: ~? .~
John Carassas
Assistant City Attorney
-
Cynthia E. Goudeau
City Clerk
Ordinance No. 6360~99
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NOT TO SCALE
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EASEMENT VACA T/ON
REQUESTED BY
APPLICANT
M. & B. 32/05
s- T -R: 4-29S-16E
Grid Ii: 265A
lHlS IS NOT A SURVEY
.COOLEY'"
voc98-09f.dwg
Drawn by. PWD
Dote: 11/12/98
Ordinance 6360-99
CITY OF CLEARWA1ZR, FLORIDA
PUBUC 'WORKS ADUINlSTRATlOH
ENGIHEERING
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fL-D :L-
Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Final Agenda Item #
~~
Meeting Date:
12/10/98
SUBJECT:
. Annexation and Zoning Atlas Amendment for 148 Baywood Avenue; Owners: Julian K.
Bridges & Pauline C. Bridges (A98-28)
MOTION: Approve the Petition for Annexation and Zoning Atlas Amendment to Single Family
Residential MSix" (RS-G) for Lot 25, Block 0, Eastwood Terrace, Second Addition, and pass
Ordinances No. 6354-99 and 6355-99 on first reading.
IBI and that the appropriate officials be authorized to execute same.
SUMMARY:
. The application involves the annexation of a single family residential property in order to obtain
sanitary sewer service from the City. The subject property is located approximately 100 feet east of
Pinewood Avenue and 280 feet south of Drew Street. A sewer line is available in front of the property
in Baywood Avenue right-af-way to provide the needed service.
. Appropriate impact fee of $900.00 was paid by the applicants on October 13, 1998.
. Assessed value of the subject property is $57,600.00. The applicants qualify for Homestead and
Disability exemptions of $25,000.00 and $32,600.00 respectively. Because the applicants total
exemptions for the year amount to $57l600.00, therefore yearly taxes paid amount to $0.00.
. It is anticipated that the Planning and Zoning Board will approve the request at their regularly
scheduled meeting on November 171 1998. Staff will report the results from the Planning and Zoning
Board meeting to the City Commission.
Revlowed by:
Legal
Info Srvc
Originating Dept: Costs
PLANNING & DEVEL Total
SERVICES
User Dept.
PLANNING 8( DEVELOPM NT
SERVICES
Funding Source:
Budget N/A
Public Works.~
DCM/ACM II
Other
Current FY
CI
OP
Other
PurchasIng N/A
Risk Mgmt N/A
Submitted by: (V\.. TR.
City Manager
Attachments
ORDINANCES NO. 6354-99 &
6365-99
ZONING MAP
UTILITIES MAP
--' ':'-' LOCATION MAP
Cl None
A ro rlatlon Code:
Printed on rocycled paper
2/9B
Rov.
MEMORANDUM
PLANNING AND DEVELOPMENT SERVICES
TO:
City Commission
FROM:
Ralph Stone, Planning Director
THROUGH:
Mike Roberto, City Manager
PLANNER
IN~CHARGE:
Etim S. Udoh, Senior Planner
DATE:
November 3 I 1998
SUBJECT:
Proposed annexation of single family residential property at 148 Baywood Avenue
A. BACKGROUND INFORMATION:
. Applicant (5):
Julian K. Bridges & Pauline C. Bridges
. Location:
This property is located at 148 Baywood Avenue, approximately 100 feet east of Pinewood Avenue
and 280 feet south of Drew Street
. . Legal:
Lot 25, Block D, Eastwood Terrace, Second Addition
. Existing Zoning and Future Land Use of Applicant's and Surrounding Properties
.. ,.... . ,....
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County
Residential Urban
R-3
Single family residential
Residential Urban
Residential Urban
Residential Urban
Residential Urban
RS-6
R-3
R-3
R-3
. .. ., . . . .. . .. .. . ..
.. .. .. ....d '. .. ..... . ... n." , . .. .... . . . . .,....,.. ... ,> n. > ..... ... ....... .. .
. ... ..... . H....... .n . .. .. .... . ... n. .... . ...... .... . . ... ......... .. ..... ... . ...
. ........ ,....., .., ........ ......, .. .......... ,- .... .. .. ,..,. ..
. . ..< ...... .. ... n.. .... d. n... . .. .. . . ...n .. ... ... ..... ... ...
. .." ..... <......, ,.... .. ".... .... ... "" ... '. ' .." ., d d . .n ....> H'... ,. ..... .. d. .
i ~~~X'~ii,::;:~ :~::,: :~;m~I~~:~~i~:I;:~r,~~:~;: ' ::~s~:~.:, ::::~~Qgl.?: f~~~:Iy':~~:~:idential
residential
residential
residential
residential
.f" ,
A 98.28
Page 2
. Size of the Property:
0.16 acres
. Existing and Proposed Use of the Subject Property:
Single family residential
. Proposed Zoning District:
Single Family ResidentialllSix" (RS-6)
. Code Section:
Section 37.211 Article II of Chapter 37
. Zoning District Restrictions:
DESCRIPTION ~::::: ;::::::::: ::' :::~:::;: :':RS.:.EU!:: ::: ::~:::,:::: .., EXISTING
.,
,::":::"::':REdOiRS'M'ENTS:
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Density :~5j5: uijj;a>:rllaximurri'::!/:, ::::::':::: i: N/A
Lot Area '7':OOO:s'cCfr'triihiiiilim'.'....: ',..:,:: 7.000 SQ. feet
:~. ~~ ~ ~:~ ~:; :~~;;. .;.::~.:::'
Lot Width at set back line ::10:feerminimum::::~:::;.:~ .... "P" .. .. 70 feet
.. ...., ,.
... .. - .........
..., ... . .
...... . ..,....
Depth i85:feet.minimum~:::j':::::;'::::::i:::::::::: 100 feet
B. SUMMARY:
. The application involves the annexation of a single family residential property in order to obtain
sanitary sewer service from the City. The subject property is located approximately 100 feet east of
Pinewood Avenue and 280 feet south of Drew Street. A sewer line is available in front of the property
in Baywood Avenue right.of-way to provide the needed service.
. Appropriate impact fee of $900.00 was paid by the applicants on October 131 1998.
. Assessed value of the subject property is $57,600.00. The applicants qualify for Homestead and
Disability exemptions of $25,000.00 and $32,600.00 respectively. Because the applicants total
exemptions for the year amount to $571600.001 therefore yearly taxes paid amount to $0.00.
. It is anticipated that the Planning and Zoning Board will approve the request at their regularly
scheduled meeting on November 171 1998. Staff will report the results from the Planning and Zoning
Board meeting to the City Commission.
C. FINDINGS OF FACT:
. Staff recommendation is supported by the following findings of fact
1. Whereas, the applicant has submitted an application pursuant to Section 37.05 (1 &2)(a-c) for a
voluntary annexation into the City of Clearwater in order to obtain sanitary sewer service from the City;
and
2. Whereas, the subject property is contiguous to the City1s limit on the north, and therefore this
annexation will not create an enclave situation; and
A 98-28
Page 3
3. Whereas, the annexation and zoning atlas amendment to Single Family Residential uSix" (RS-6)
appear to meet the Standards of submission, review and consistency with other regulations as set forth
in Sections 37.05, 37.21 and 37.22 of the land Development Code, Articles 1 & II of Chapter 37; and
4. Whereas, the proposed zoning district of Single Family Residential uSix" (RS~) classification will be
consistent and compatible with the existing land use plan designation of residential urban category
under the Countywide Future land Use Plan Classification; and
5. Whereas, the subject property is currently being used as a single family residential home and the use
is anticipated not to be changed; and
'6. Whereas, there is sufficient sanitary sewer capacity available to serve this property; and
7. Whereas, the area where the subject property is located is served by the Pinellas County Sheriff's
Department and will be served by the Clearwater Police Department upon annexation; and
8. Whereas, the subject property is currently within the Clearwater Fire District and will remain as such
after annexation, and therefore the annexation will not affect the fire rescue services currently
being provided; and
9. Whereas, emergency management service is already provided to this site and the current countywide
EMS millage of .7410 will continue to be levied on ad valorem basis; and
10. Whereas, no other reviews are required either by the Pinellas Planning Council (PPC) or the
Department of Community Affairs (DCA) for this annexation; therefore
D. RECOMMENDATION:
. Based upon the analysis conducted, documentary evidence submitted by the applicants, and the findings of
fact listed above, staff recommends APPROVAL to the City Commlss!on of the proposed Annexation and
Zoning Atlas Amendment to Single Family Residential "Six" (RS-6).
. ABBREVIATIONS: R-3 = Residential, Single Family District (County); RS-8 = Single Family
Residential "Eighe District (City) & u. p.a. = Residential units per acre.
CC A98-28
.
0#
.'
.
ORDINANCE NO. 6354-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED
APPROXIMATELY 100 FEET EAST OF PINEWOOD AVENUE &
280 FEET SOUTH OF DREW STREET, CONSISTING OF LOT
25, BLOCK D, EASlWOOD TERRACE, SECOND ADDITION.
WHOSE POST OFFICE ADDRESS IS 148 BAYWOOD AVENUE.
INTO THE CORPORATE LIMITS OF THE CITY. AND
REDEFINING THE BOUNDARY LINES OF THE CITY TO
INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot Twenty-five (25), Block "0", Eastwood Terrace, Second Addition, according to
Map or Plat thereof as recorded in Plat Book 521 page 49, Public Records of
Pinellas County, Florida. (A 98-28)
Section 2. The provisions of this ordinance are found and determined to be consistent
with the City of Clearwater Comprehensive Plan. The City Commission hereby accepts the
dedication of all 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 Planning and Development Services Administrator 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 hereto1 with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6354-99
I'
... '-I ....:'.~
ORDINANCE NO. 6355-99
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED APPROXIMATELY 100
FEET EAST OF PINEWOOD AVENUE & 280 FEET SOUTH OF
DREW STREET, CONSISTING OF LOT 25. BLOCK 0,
EASTWOOD TERRACE, SECOND ADDITION. WHOSE POST
OFFICE ADDRESS IS 148 BAYWOOD AVENUE, UPON
ANNEXATION INTO THE.CITY OF CLEARWATER, AS SINGL.E-
FAMILY RESIDENTIAL MSIX. (RS-6); PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the assignment of a zoning district classification as set forth In this ordinance
is found to be reasonable. proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, Is hereby
zoned as indicated upon annexation Into the City of Clearwater, and the zoning atlas of the City Is
amended, as follows:
Property Zoning District
Lot 25. Block uD", Eastwood Terrace I Single-Family Residential MSix" (RS-6)
Second Addition, according to Map or Plat thereof
as recorded in Plat Book 52, page 49. Public
Records of Pinellas County, Florida (A 98-28)
Section 2. The Planning and Development Services Administrator 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. 6354-99. .
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey
Mayor-Commissioner
Approved as to form:
7
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 6355.99
-
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PROPOSED ANNEXATION
AND ZONING CLASSIFICATION
OWNER: Julian K. & Pauline C. Bridges A: 98-28
ADDRESS: 148 Baywood Avenue
PROPERTY DESCRIPTION: Eastwood Terrace, 2M
Addition, Block 0, Lot 25
LAND USE PLAN ZONING GENERAL LOCATION 300 feet South of Drew Street
COUNTY: Residential Urban A-3
CITY: Residential Urban RS 6
ACRES: 0.16
Rlght-ot-way: ACRES:
ATLAS PAGE: 290A SEC:10 TWP: 29 S RGE: 15 E
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SEWER ATLAS
OWNER: Julian K. & Pauline C. Bridges A: 98.28
ADDRESS: 148 Baywood Avenue
PROPERTY DESCRIPTION: Eastwood Terrace, 2nd
Addition, Block 0, Lot 25
CITY SEWER GENERAL LOCATION 300 feet South at Drew Street
ACRES: 0.16
Rlght.at.waV: ACRES:
ATLAS PAGE: 290A SEC:19 TWP: 29 S RGE: 16 E
ft~'tA'ijN'iN'ij';~'AND:ioNiN~f~oARO 'NovQrO'ber) 1 ;,1998 ',; '.' " . CJn<coMM'SSt9N:'.ri.o~em~~eo:~~"/j 9$'8;<:~,:?ji::'/}:{;:;;i;;::><
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WATER ATLAS
OWNER: Julian K. & Pauline C. Bridges
ADDRESS: 148 Baywood Avenue
A: 98-28
PROPERTY DESCRIPTION: Eastwood Terrace, 2nd
Addition, Block 0, Lot 25
GENERAL lOCATION 300 feet South of Drew Street
ACRES: 0.16
Right-of-way: ACRES:
SEC:19 TWP: 29 S RGE: 16 E
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CITY WATER
COUNTY WATER
ATLAS PAGE: 290A
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Interoffice Correspondence Sheet
To:
Mayor and City Commission Members
From:
Ralph Stone, Planning Director
CC:
Michael Roberto, City Manager; Rick Hedrick, Deputy City Manager
Date:
December 3, 1998
RE:
Update on New Community Development Code
At the November 19, 1998 City Commission meeting the consultants presented the draft
code and requested policy direction from the Commission. As a result of th'at direction, an
updated code has been developed for the December 10, 1 998 meeting. In addition to
incorporating the addenda that you have previously received, the updated draft includes the
policy direction that you provided. The major changes include: deleting the provision for
accessory units (granny flats); lowering the height of fences and walls in the single family
areas to thirth-six inches rather than six feet; creating the opportunity for adjacent property
owners to appeal staff decisions on "flexible standardl~ development projects and providing
specific guidelines for the use of the Neighborhood Conservation Overlay District.
The consultants and city staff continue to meet with individuals and neighborhood groups
that have questions, concerns and recommendations regarding the new code. . At the
December 1, 1998 Planning and Zoning Board meeting, the staff presented an update on
the changes identified above, so that there would be additional exposure of the updated
code.
The consultants are also preparing an update of the Executive Summary that will be
available on Monday, December 7, 1998. This will be distributed to the Commission as
'soon as copies are made.
ORDINANCE NO. 634B~99
AN ORDINANCE REPEALING THE 1985 LAND DEVELOPMENT
CODE OF THE CITY OF CLEARWATER, FLORIDA, AS AMENDED,
AND REPEAUNG ARTICLE vn 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 ADMINISTRA TfON AND
ENFORCEMENT, CHAPTER 37 ANNEXATION, CHAPTER 38
RESERVED, CHAPTER 39 CODE TeXT AMENDMENTS,
CHAPTER 40 lONING, 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
PLAITING, OF SUBPART B 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 COMMUNITY
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.
p
WHEREAS, 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 f'Development Cade") and submitted its recommendation
thereon to the City Commission;
WHEREAS, on November 19, 1998, the City Commission of the City of
Clearwater, after proper pubJic notice, held a public hearing on 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 II 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, 52.32t 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 Clearwatert 1998t to
be known as the Development Code, to be codified as Subpart B of Part II of the City's
Code of Ordinancest 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 shaH 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. 6348-99
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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 ;;hall take effect forty-five days after
passage.
'. -:
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
, READING AND ADOPTED
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Approved as to form:
" .
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Parne a K. Akin. City Attorney
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December 10. 1998
Rita Garvey, Mayor-Commissioner
Attest: '
Cynthia E. Goudeau. City Clerk
3
Ordinance No. 6348-99
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CITY OF CLEARWATER
PlANNING & DEVELOPMENT SERVICES ADMINISTRATION
P<?ST OFFICE Box 4748, ClF.\R\l:'AT'ER, FLORID,", 33758-4748
Mt;:>;ICIPAL SERVlCES BL'IWI:\G, 100 SOLTIl ~h'RTI.E AVE:'\l'E, CLE.-\R\\',\TF.R. FI.ORlD.' 337;6
TEl.EPUO:'\E (727) 562.-1567 FAX (727) 562...j;76
December 10, 1998
MEMO
TO: Mayor and City COrnnUssion Members
FR: Michael Roberto, City Man~
RE: Proposed Amendments to the New Code
As a follow-up to the City Commission Workshop this past Monday, the Coalition of
Neighborhood Association meeting on Monday night and other individual
recommendations from staff and the public, there are a number of proposals for
amendment to the draft Community Development Code. The following represent those
recommendations that have been directed by the City COrnnUssion and those that the
Administration has indicated to the public that would be presented to the Commission for
consideration.
.AJlJ1E.OO)A to Pl'Qpoled OtJi~~l Draft #'1,
aaled No,,"ember 30. 1998
The following are miscellaneous changes to the November 30, 1998 Proposed Official Draft #2 of
the City of CIearn"ater's Conununity Development Code.
At1i,IlJ: Generatprovisions
1-5 add new 110" and reletter:
"0. Previous amortization schedules. In the event any use or structure ",ideb has
been subject to an amortization provision under a previousl)' adopted City Code
shall continue to be subject to those pro\isions.'1
~
ZonjDe-Distri~f$
2.1 add to Tourist District: Sidewalk Vendors
;1
2-4 chiut: front setback should be 2S'
2-6 ehart: front setback should be 25'
2-9-2-18 rear setback for waterfront detached dwellings'in LMDR District should be 25\ except
as provided in Article 3 Dhision 8, Section 3-805 and Division 9. Section 3-904 and
except where adjacent structures on either side of the parcel proposed {or development
are setback 20 feet and then the rear setback shall be 20 feet..
2-11
I '
2-14
2-37
2-62
2~81
2-90
2~113
2-139
Artlc:1e 3:
A.I. The parcel proposed for development is a comer lot and is vacant on the date of
p.doption of this Dcvelcunn~nt Code.
A.I. The parcel proposed for development is a comer lot and is vacant on th~ dme of
ac1.ootiQ[l.. Qfthis Development Code.
change title to chart to IIflexible development" (delete work "standard")
fix numbering at top ofpaae - should be "a" and ttb"
add "sidewalk vendors to chart"
add sidewalk vcndors with same criteria as downtown district
amend B. I.e. 1I...or is only separated from Clearwater Bay by a public open space Q[
right-Qf-lYAY,,"
amend B.4.c. u ...or is only separated from Clemvator Bay by a public open space or right-
Of-wJw. "
Development St3Q1\w:da
3..8 C.I. fax typo: lower case "w"
3-43 letter existing Section 3-904 as "A" and add:
liB. To enhance views of the 'water from residential waterfront property, no
structure or landscaping may be insta11~ other than non-opaque fences not
exceeding thirty six inches (36"), in the 45 degree angle formed by ten feet (10')
back from the property line on the water and along the side property line." [insert
graphic]
3..59 chart add feet symbol where missing snd add word "widell after "min."
3-72 . add "D. Beach{u>nl ~~. Th~ light source for outdoor Ua.btin~ located on
)leaehfront property shC\l1 not be vi~ij)l~ froJU lhe water."
3..77 chart and "marinas" to "office"
3-98 D. "Except as }?rovided in Se~h~n_3-1806B.4, changeable copy sigM...."
3-100 B. '\..When neon lighting is utilized to emphasize 'the architectural features of a building,
such as when used to outline doorways, windows, facades, or arclutectural detailing. or
when used to accentuate site landscapina, it shall not be regarded as signage. ~
howc"la, ncon lighting used for ....'
3Mt05 3.d. insert date of interlocaJ. agreement between City and County [egardina transit
shcltcls
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3-10S ftdd new subsection 4:
4. Changeable copy signa providing located On public property serving a significant
public pllIpOse.
Artl~le-4.; v
4-2~ B. "....The appeal may be removed from the consent agenda only by a vote of at least
f2y[ five members of the Community Development Board.1t
447
A. :The ~se of tbe Neighborhood Conservation Overlay District is to provide a
means of ensuring that infiJI and redevelopment activities in existing, stable residential
neighborhoods or neighborhoods requiring special consideration arc consistent with.1M.
~2tjQn of th~ existing character of the neighborhood.
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4-48 0.1. "The process for the designBtion of 11 particular area as a Neighborhood
Conservation District shall be cormnenced by a pre-awlication conference wi~
Oeve1oproentReyjew Coordinator and i.o.itiated by a petition signed by the owners
of ~...."
4-83 G.l. "Evidence oCrecording of the $PCCiQ! warranty deed..."
Ar.tkl.e..Si
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5-2 B. In making appointmentBlIOand wbtrcvcl possible shall includc....11
5-3 A. "The CommUAl\Y Devel2nWID Board City Commission annually shall appoint a
,., ...:....._ II
Cuu.u. jI1ri"on....
~ lS'onconformjty provisions
6-5 A. "In the event a building permit is required for the redt:velopment of a principal
uselstructwe, or a principal uselstructure is vacant for the period of one hundred and cishty
(180) days rdncty E9~.<fays...."
Attklc.Ji IWluitt2.DJ
8MI add new liB" and rclett<<:
B. Nothing in this Devclopment Code is intended to abrogate any easement, covenant,
deed rcstriction or other private agreement; however, where tho regulations of this
Development Code arc morc restrictive Or impose higher standards or requirements than
sueh eDSemen~ covenant, deed restriction or other private agrecmen~ the requiremenu
of this Development Code shall gO'\o'em.
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COMMUNITY DEVELOPMENT CODE
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EXECUTIVE SUMMARY
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PREPARED FOR:
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PREPARED BY:
. SIEMON, LARSEN & MARSH
Strat8(jc l.51d Planning & Management
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EXECUTIVE SUMMARY
ADDENDUM TO EXECUTIVE SUMMARY
DATED AUGUST 24,1998
Since the Executive Summary of the proposed Community Development Code for the City
of Clearwater was prepared in August 1998, the following major changes have been made which are
reflected in the Proposed Official Draft No.2 Community Development Code dated November 30,
1998:
. Clarification of transition provisions;
. Elimination of accessory dwelling provisions except for nonresidential uses;
. Elimination of flexibility in regard to walls in front yard setbacks;
. Additional restrictions regarding community residential homes in the single family
residential districts;
. Provision of additional flexibility in regard to height for waterfront properties in the
High Density Residential Districtt the Downtown and Mixed Use Districts;
. Additional criteria, standards and procedural rules for designation of the
Neighborhood Conservation Districts;
. Additional provisions regarding transferable development rights;
. Provision of notice to adjacent properties for flexible standard development with a
right of appeal to the Community Development Board;
. Increase of voting requirements for the Community Development Board;
. Minor wording and other editing; and
. Addition of flexibility in landscaping provisions where materials not readily
available or when an alternative landscaping plan would achieve the same objective.
em OF CLEARWATER
ExECUTIVE SUMMARY: COMMUNITY DEVELOPMENT CODE
ADDENDUM
NOVEMBER 30. 1998
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EXECUTIVE SUMMARY
INTRODUCTION
In October 1997, the City entered into a contract with Siemon, Larsen & Marsh to complete the Land
Development Code revision effort commenced by the City in 1996 led by City staff and supported
by a citizen's advisory committee. The first tasks of this revision effort involved extensive
interviews with elected officials, staff, and many indi vidual citizens, as well as a review of existing
legal and planning documents. In addition, a written critical assessment of existing conditions in the
City in regard to land use controls, a strategic land management approach, an annotated outline of
new land development regulations, as well as a tracking matrix, were prepared and discussed with
the City Commission and City staff. Based on the products ofthese tasks, a preliminary draft of new
land development regulations, called the Community Development Code, has been prepared for
discussion with the City Commission, City staff, and the public. There will be a number of
opportwlities to provide input to the City prior to the preparation of a new draft which will then go
through the fonnal hearing and adoption process.
The Community Development Code is organized into eight (8) articles:
Article I
Article 2
Article 3
Article 4
Article 5
Article 6
Article 7
Article 8
General Provisions
Zoning Districts
Development Standards
Development Review and Other Procedures
Decisionmaking and Administrative Bodies
Nonconfonnity Provisions
Enforcement Proceedings and Penalties
Definitions
Comprehensive Index
The purpose of this Executive Summary is to provide the key points of this revision effort by each
article.
ARTICLE 1
GENERAL PROVISIONS
This article contains general purpose statements, required legal provisions about jurisdiction, the role
of the City's Comprehensive Plan and transition provisions. The title of the Code itself, the
uCommunity Development Code" emphasizes that the City of Clearwater is in a redevelopment
mode and that one of the purposes of the Code is to facilitate attractive redevelopment which will
improve the quality of life of all citizens. This article also contains a chart which shows that
property currently zoned in a particular zoning district will be zoned, upon adoption of the Code, in
one of the new districts which are described in Article 2.
CITY OF CLEARWATER
EXECUTIVE SUMMARY: COMMUNITY DEVELOPMENT CODE
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ARTICLE 2
ZONING DISTRICTS
The primary focus of the revisions to the City ofClcwwater's zoning districts was to:
A. Consolidate the districts into a coherent set of land use associations.
1. Based on a careful analysis of the existing community character and the relationship
of character to the applicable zoning district, the draft consolidates the existing
districts into 14 districts. Thirteen residential districts (one of which has never been
used) were consolidated into six districts.
OLD RESIDENTIAL DlSTRJC1' NEW RESIDENTIAL DISTRICT
Single.Family Residential One ('IRS I")
Single.Farnily Residential 2 eRS 2") Low Density Residential ("LOR")
Single-Family Residential 4 ("RS 4")
Single.Fnmily Residential 6 ("RS 6")
Single.Family Residential 8 ("RS 8") Low Medium Density Residential ("LMDR")
Multiple-Family Residential 8 (URM S")
Multiple-Family Residential 10 ("RM 10")
Multiple-Family Residential 12 ("RM 12") Medium Density Residential ("MDR")
Multiple.Family Rcsidentinl16 (URM 16")
Multiple-Family Residential 20 (URM 20")
Multiple-Family Residential 24 ("RM 24") Medium High Density Residential e'MHDR")
Multiple-Family Rcsidentia128 eRM 28") High Density Residential ("HDR")
Mobile Home Park ('IMHP") Mobile Home Park ("RMH")
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2. The three districts employed on the Beach were consolidated into a single district.
OLD BEACH DISTRICTS NEW BEACH DISTRICT
Commercial Beach ("CS")
Resort Commercial 24 e'CR 24'1) Tourist ("T")
Resort Commercial 28 ("CR 28")
3. Similarly, the various office and commercial districts were consolidated into a single
office district and a single commercial district.
OLD DISTRICTS NEW DlSTRICI'S
Limited Office (IIOL") Office ("0")
General Office ("0011)
Neighborhood Commercial ("CN")
North Greenwood Commercial ("CNG'l)
General Commercial ("CO") Commercial ("C")
Jnfill Commercial ("CIlI)
Highway Commercial ("CH")
Commercial Center ("Ce'l)
4. The downtown districts were consolidated and simplified into a single district.
OLD DISTRICTS NEW DISTRICT
Downtown Mixed Use ("DIMU")
Urban Center ("UC") Downtown (liD")
CITY OF CLEARWATER
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5. The industrial districts were also consolidated into a single comprehensive economic
development district.
OLD DISTRICTS NEW DISTRICT
Limited Industrial ("IL")
Research, Development and Office Park ("RO") Industrial, Research and Technology ("IRT")
6. The balance of the districts, special or limited purpose districts were reorganized and
revised, but remain basically the same substantively.
OLD DISTRICTS NEW DISTRICTS
Public/Semi-Public ("P/SP") Institutional ("1")
Open SpacelRecreation ("OSIR") Open SpacelRecreation ("0S/R")
Preservation ("P") Preservation ("P")
N/A Mixed Use ("MU")
Activity CenterlPrimary ("ACIP") and Secondary Omitted
("AC/S") Overlay
Historic Overlay ("HO") Process for Designation included in Article 4, Division
5
Floodplain Overlay ("OF") Omitted
N/A Neighborhood Conservation Overlay ("NC") process
for designation included in Article 4. Division 6.
B. Increase flexibility.
1. The basic format of the districts is to establish three development options in each
district: 1) Standard, 2) Flexible Standard; and 3) Flexible. Uses are listed in a
permitted use chart for each development option, together with minimum standards
establishing "building envclopestl for individual parcels of land. The uses and
intensity of uses permitted as Standard development are permitted as a matter of
right subject only to the requirements in Article 3. The uses and intensity of uses
permitted as Flexible Standard and Flexible development are subject to the
requirements in Article 3 and subject to specific flexibility criteria which are
established for each use or intensity of use permitted as Flexible Standard or Flexible
CITYOFCU:ARWATER
EXECUTIVE SU1UMARl': COMMUNITY DEVELOPMENT CODE
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NOVEI\IDER30,1998
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EXECUTIVE SUMMARY
development. In the Tourist and Downtown districts all development is pennittcd as
Flexible Standard or Flexible. (See discussion of Article 4 for review procedures)
2. The uses and intensity of uses permitted under the Flexible Standard and Flexible
options allow some deviation from past land use practices in tenns of uset intensity
of use and development standards. Small lots in older neighborhoods which have
been undevelopable, for example, are eligible for development provided that the bulk
of the dwelling is compatible with the mass and scale of existing structures in the
area. In addition, there are opportunities for some limited development of attached
residential projects in carefully defined areas which are underutilized or deteriorated
where revitalization of existing single family dwellings or the development of vacant
lots is otherwise problematic. The new districts include two flexible development
options which are akin to the concept of planned development and allow a developer/
property owner to demonstrate that a substantial deviation from the underlying
district requirements are in the best interest of neighboring property owners and the
City as a who let known as Residential Infill and Community InfiU Redevelopment
Projects. Use of these techniques would not permit a change in ~ but would allow
modification to development standards.
3. The new districts include several concepts which are not available under the existing
regulations including a true mixed use district as an incentive to redevelopment and
a neighborhood conservation strategy which is an overlay for neighborhoods which
are stable and vital.
C. Eliminate inconsistencies, ambiguities and unnecessary regulations.
1. The revised districts employ a well-defined vocabulary to specifY uses and
perfonnance standards. All tenns are defined in Article 8, many with graphic
illustrations. In addition, the quantitative aspects of the district regulations have
been simplified where possible, e.g. duplicative regulations - density, F ARs, OSRt
ISR and bulk standards -- have been consolidated in the fonn of building envelope
specifications: lot size, lot width, minimum yards, height and on-sitet off-street
parking. Accessory uses are standardized and simplified in the new districts.
2. The district regulations simplify the treatment of commercial retail uses and
consolidates the laundry list of pennitted commercial uses into a single definition
which is all inclusive of commercial retail sales and service uses except for
enumerated exceptions. The regulations governing the location and permitting of
alcoholic beverage uses have been simplified and revised so that such uses are treated
as land uses and regulated on the basis of compatibility with adjacent land uses and
CITY OF CLEARWATER
EXECUTIVE SUMMARY: COMMUNITI' DEVELOPMENT CODE
PAGE 5
NOVEMBER 30, 1998
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other external attributes. I The new districts standardize the treatment of various
kinds of overnight accommodations (bed and breakfast, rooming houses, hotels and
time share) into a single definition with specific flexibility criteria for each district.
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D.
Deal with "problematic" land uses.
1.
The district regulations address a number of problematic use issues including pawn
shops, day labor businesses, plasma centers and check-cashing businesses. The uses
are not prohibited, but they are strictly controlled to ensure that they do not have a
negative impact on the character of adjacent land uses and neighborhoods.
2. In addition, the new district regulations impose additional restrictions on the outdoor
display and storage of goods for sale, including screening and other perfonnance
criteria.
"
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E.
Figure 1 is a summary of the uses permitted in each land use district. The "x" only indicates
whether the use is permitted; it does not indicate the nature of the approval required. No use
is permitted W1less it complies with the provisions of the zoning district in which it is located
and the applicable development standards in Article 3 of this Development Code.
This treatment does!!21 contemplate changing the existing procedures regarding background checks
and licensing ofalcoholic bevemgc activities.
CITY OF CLEARWATER
EXECUTIVE SUMMARY: COMMUNITY DEVELOPMENT CODE
PAGE 6
NOVEMBERJO.1998
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Figure I
I
'RESIDENllAL
lDETACHEDoWEUINGs.-------'..n ---- .-"- --
,ATTACHED OWELUNGS :
'ACCESSORY OWElUNGS .___'~_.-__~_,u__:
rCbMMUNITY RESIDENTlAL HOMES
RESIDENTIAL INFILL
----...-.. ...........--,
DISTRICTS I
USECATEGONes ____.. __L~J!IDllili1Ll~
INOHRESlOEN11AL - - IX X X'X X X XIX X XIX X X
~CCESSORY uses 1 1
lit~iir USES I X I f.!. -..~-..J
........ I ")C
RPORT~ 1-- --- -- I- I -W
'Al-COHOLIC BEVERAGE SALES I -xix l( I I I
tASSlSTED UVlNG FACIUTlES -1 x ~~ x j ---.I
,
IAUTO SERVlCE STATIONS ---;--rt-- --.. x -
. I A f-+-!
(COMPREHENSIVE lNFlll REDEVELOPMENT PROJ.7ctRP .- . X'X X; -t- ,-~
,CONGREGATE CARE I IX X X I : I I
CONVENTION CENTER ----------t- .' I X I ! I ' I
lEDUCATIONAL FACILmES .--r ---..- - -- -,c--- X' ---t- - r--t~
GOVERNMENTAL USES I X,X x : X
HALfWAY HOUSES I I .--
I ----l-
HOSPITAlS -- ! I , -..+---
INDOOR RECREATIONlENTERTAr'NMeNT----. "'- -"- 1 XI I --
MANUFAClURING j j i XI
:MARlNAS X IX j X X
j-MARlNAS FACILITIeS XIX I I A 'A
IMEDICAL CUNIC -- ~.--- ~ Xl -I X I X
jMOBILE HOME X I I
, ,
,MOBILE HOME PARK : x , r I
INlGKTCLUBS TAVERNS AND BAAS'.-" I I x,X X, -- oX- ---- -'
~NON-RESIDENl1A1. PARKING x-x X I I '---f
:NURSING HOMES .._....----~..._........-.....-._~ X X 'X
~ ._ ..... .... Po. ~. ,...----.. : I I X I
OFFICES ~- I X XIX XIX X Y --~I
"OUTDOOR RECREATlONJENTERTAlNMENT -r- x;x I , X JII }If; Jill
~outoOOR RETAil SALES, DISPLAY AND/OR STORAGE , , X I , I
I
t9VERN1GHT ACCOMMODATIONS T)(, --~x -x..tx . 1x'"X' XI 'x IX I
,PARKING GARAGES AND LOTS__..., ._. - ... -_.~.; x ~ X: '~X x -+~
~LA.CES OF WORSHIP ......- , -..-- EXi- 'X
1--- --r---- -'- -X~
PROBLEMATIC USES r I
IPUBLIC FACILITY I i X I I
IPUBUC TRANSPORTATION FACllmes ---"-'-'----- - .!.--- I X x 'X T 1CI_X_ ,.!.. -~ x .t--l
-- I
I RESEARCH AND TECHNOL.OGY USE I I I ' ,
~RESIDENT1AL SHELTERS _.-. ~._....__.....-!... - I A -~- --- I ~ .~.. x~'-~
,RESTAURANTS . f --0 '_n -~X' 1c- 'X lx'
:RETAIL SALES AND SERVICE - ~ T - .X- l(- "X'1X A I X~----'
A
'RV PARKS . -- Xi
T"X'J.X' ;
lSCHOOlS :X -X" -- -1-- u. ..- _.- -- - -f--,
iSELF..sTORAGE --_.......-.........- , I X
.-.--......... ~ X ! I
SIDEWAlK VENDORS x !
TELECOMMUNICATIONS TOWERS ---, X If x- X }If; X I !
'lV/RAOIO sruOI08 X }If; I ,
UTlUTYIlNFRASTRUCTURE FACILITIES IX X X XIX X X l( If X X X X,
'SHICLE SALESI DISPlAYS -----1-- - I x ! I
EHIClE SALES! DISPlAYS. MAJOR -t- :
~ClE SERVICE. MAJOR ._- 1 - -, -- -----,
RINARV OFFices & ANIMAL GROOMING I -- : X x
1
ilHOlESALElDISTRIBlITIONIWAREHOUSE FACIUTf I , I
-
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EXECUTIVE SUMMARY: COMMUNITY DEVELOPMENT CODE
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NOVEMBER JOt 1998
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EXECUTIVE SUMMARY
ARTICLE 3
DEVELOPMENT STANDARDS
This article contains all of the standards which govern development in the CitYt with the exception
of the building codes and flood plain requirements. The article is composed of 21 divisionst
organized alphabetically from "access management" to "temporary uses," Division 5 is reserved for
specific design standards for the Beacht Downtowot Gulf-fo-Bay and North Greenwood. This
summary cannot highlight all the changes as there are numerous small changes. The followingt
howevert are the key changes:
A. The addition of explicit criteria for approval of access to property;
B. The addition of criteria for outdoor cafes which are accessory to a restaurant;
c. Additional standards in regard to screening of solid waste containers as well as the use of
construction materials which are consistent with the principal use;
D. The addition of a prohibition against extreme or garish colors;
E. The addition of newsrack design guidelines;
F. Clarification of dock and marina standards;
G. Landscaping and location requirements for chain-link fences where such fences are
permitted;
H. Design requirements for fences or walls which exceed 100 feet in length;
1. Clarification of home occupation provisions, providing that the sale of merchandise from a
home, is permitted provided that such sale does not involve on-premise visits by customers;
J. Numerous changes to existing landscaping requirements:
1. Requiring all development to install landscaping~ except in the Tourist and
Downtown Districts;
2. Requiring landscaping when the floor area of an existing nonresidential or
muJtifamily structure is expanded or where off-street parking is redeveloped or
reconfigured;
CITY OF CLEARWATER
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3. Increasing the number and size of trees and shrubs required;
4. Linking the amount oflandscaping to the type of use proposed as well as the adjacent
use;
s. Requiring a more complete irrigation system for required landscape areas;
6. Requiring foundation plantings along building facades along street rights-of-way;
7. Providing for differential landscaping along scenic corridors, when specific plans are
adopted; and
8. Clarifying the requirements for installation and maintenance.
K. Strengthening requirements for tree removal:
1. No protected tree (4" dbh) removed without a tree removal pennit;
2. No tree removal pennit except in conjunction with an application for development
approval; ,
3. Flexibility in development approval if required to preserve a protected tree;
4. Every protected tree which is permitted to be removed must be replaced on site on
an inch-far-inch basis or payment to the City's tree bank must be made; and
S. No credit for required landscaping is given for the replacement of protected trees;
L. Specific limitations on outdoor lighting;
M. Specific limitations on outdoor displays;
N. Increased flexibility in regard to parking requirements, including a shared parking fonnula
for mixed use development;
O. Additional property maintenance standards for both residential and nonresidential properties
and the clarification of existing provisions;
P. Signs. The revisions to the sign regulations address three subjects:
PAGE 9
NOVEMBER 30, 1998
CITI' OF CLEARWATER
EXECUflVE SUMMARY: COMMUNITY DEVELOPMENT CODE
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EXECUTIVE SUMMARY
1. Clarification, simplification and increased unifonnity of signage standards.
a. Clarify and add new definitions.
b. SimplifY language of regulations.
c. Reformat regulations to improve readability.
d. Eliminate differences between sign standards in non-residential districts.
e. Add more quantitative measures of acceptable signage.
2. New minimum sign standards.
a. Reduce total amount of pennitted sign face.
b. Reduce the total number of permitted signs on a parcel of land.
c. Reduce height.
d. Additional dimensional standards.
e. Increased landscape requirements for free-standing signs.
3. Creation of a flexible signage option (Comprehensive Sign Program).
a. AlJows flexibility in regard to size and nwnber of permitted signs.
b. Requires that signage be a part of an architectural theme of the principal
building.
c. Reduction in pennitted height of signage on parcel.
d. ~equires consistency and compatibility with: adjacent land uses, community
character and special area or corridor design standards.
e. Requires that optional signage improve aesthetic character of property.
Q. Updating subdivision standards ood including neighborhood street standards;
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R. Incorporation of draft telecommunication tower provisions;
S. Clarifying circumstances of temporary uses, including temporary special sales, sidewalk
vendors and similar activities; and
T. Addition of recently adopted transit shelter standards.
ARTICLE 4
DEVELOPMENT REVIEW AND OTHER PROCEDURES
This article contains all development review procedures. The principal goals of the revisions to the
existing Land Development Code regarding development review and permitting have been to
streamline the process and to provide the opportunity for flexibility in a context of certainty. By
consolidating the processes required to obtain development approval into three categories, not only
is there significant opportunity to reduce the time line for approval but the development review
process becomes easier to understand by the public. Moreover, in the redevelopment model the
compatibility of adjacent land uses is dependent on professional judgment. For example whether
a particular landscape buffer actually achieves the desired objective is best detennined by a higWy
qualified and experienced professional staff. TIle proposed development review process responds
to that situation by shifting the responsibility of initial decision making to the staff. The overall
objective is to make it easier to redevelop the City in a quality fashion.
The development review processes are categorized into three types, depending on the nature of the
approval required and the principal responsibility for decision making: Level One, Level Two and
Level Three.
A. Level One Approvals are those approvals delegated to professional staff, some of which
require the exercise of discretion, subject to specific standards (Flexible Standard
Development), with an appeal to an appointed board, the Community Development Board.
B. Level Two Approvals involve the exercise of more discretion, again subject to standards,
with the final decision made by the Community Development Board, with an appeal to a
Hearing Officer.
c. Level Three Approvals are those approvals which state law requires the City Commission
to make a final decision: Comprehensive Plan amendments, rezonings, amendments to the
development agreements and similar decisions.
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NOVEMDER30, 1998
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The. following figure summarizes these different levels of approval:
DEVELOPMENT REVIEW
LEVEL LEVEL LEVEL
1 2 3
DEVELOPMENT
REVIEW
COMMITTEE (ORC)
COMMUNITY
~EVELOPMENT
CORDINATOR (CDC)
COMMUNITY
DEVELOPMENT
BOARD (COB)
CITY
COMMISSION
(ee)
HEARING
OFFICER
(HO)
e
e
--
------~---------------
------------------~-
8
o
.....
( )
'. .
.....
i........) ,l'''''''.
......1 .....)
. REVIEW & REC
o FINAL ACOON
(I APPEAL
Within each level of approval, the review process is standardized to the extent possible. For
example, all applications for development approval commence with the same basic procedures: a
determination of whether the application is completet that is whether all the information required to
be submitted is actually included in the application, and a determination of "legal sufficiency", that
is whether elements of the application (such as a landscape plan or traffic impact study) contain the
appropriate information, adequate for staff to determine compliance with the standards of the Code.
This determination is made by the Community Development Coordinator with a recommendation
of the Development Review Committee, in the case of approvals that require the exercise of
discretion. Except for very simple approvals, it is anticipated that most applicants will use an
optional pre~application process which would allow the staff to assist the applicant in making sure
that all infonnation is properly submittedt ensuring a more expedited review.
In addition, time limits on staff review are included. For example, Level One Standard Development
applications would be approved in a maximum of20 days and Level One Flexible Development in
a maximum of 35 days. Another key element of the development review procedures is that
processes which were previously separately processed (e.g. site plans, subdivision platst tree removal
pennits etc) will be required to be submitted and reviewed together. Not only will this consolidation
save the appJicant time, but it allows for standardization of application requirements, eliminating to
the extent possible, duplicative and conflicting requirements.2
1 This draft of the Development Code makes a first "cut" at consolidating application requirements but we have
recommended to staff further review and coordination both internally and with other professional staffat the County
'eveJ.
PAGE 12
NOVEMBER 30t 1998
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Th:e following flow charts graphically portray these procedures:
~rJtMrrn:D t:5f.1, UV1:L ~
f .........~.;..;.;ti[ ~nt;;h.~"" .......
. 0I.\'tlUf'WI1'JI't Aft"It1'IAl. .
...__\.......u......nn..~u...uu_._.uu...
I
.............
III.,..,
+.....H....P.........U................~
i Dr""....".,,~CJf .
::::::::::::::=~c::::::::::::~
i ~mJlN.w:'f""''''''''''ln :
~_ln~.~.~,~~.i
............................... .n....... ........nn.......~
[ bl:n.I.ll'JlIAfDol [JII i : tJI11'".............,.,... .
WAX. ~ ~ ! i ~ :!..w.u.
'llAnL :_...mllCVlt.-ri 1 _ClI'>II)(f....,.... ,00114\'1
f~~ti~~! l~n:~~f i
f ....n.........~......n...... ..............T..............l
................1..............., ~~.........n_..,. .
...... I :;~~,-'"'"
'.DA"L . ~IJ"..'l..C...,....". I : "ori:l't'Y . ~ _04"
i "=- till~;:
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CITY OF CLEARWATER
EXEClTflVE SUMMARY: COMMUNITY DEVELOPMENT CODE
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PAGE 13
NOVEMBER 30,1998
I.
~~rwater
;:;~
EXECUTIVE SUMMARY
ARTICLE 5
DECISION MAKING AND ADMINISTRATIVE BODIES
This article describes the principal II players" in the City in land use matters. One of the principal
changes recommended is the consolidation of the existing boards which are required to reviewt
recommend, and decide land use matters. A new board is created, called the Community
Development Board. This Board is composed of 7 members, one of whom is the Chair, all
appointed by the City Commission. Qualifications for board membership are suggested but not
mandated. This board would hear appeals from staff decisions, review and decide development
applications which involve more discretion than is delegated to staff (Level Two Approvals) and
review and recommend concerning matters which require City Commission action (Level Three
Approvals).
The only other board which is delegated a role regarding land use matters in the Development Code
is the Code Enforcement Board. While this board's jurisdiction and procedures are described in a
more complete and organized manner than the existing code, no significant changes are suggested
for this board. To the extent the City Commission determines that other existing boards should be
retained, they would have an advisory policy role, reporting directly to the City Commission and the
City Manager, but with no role in development review.
ARTICLE 6
NONCONFORMITY PROVISIONS
This article contains all of the provisions regarding "nonconfonnities", that is those uses and
structures which were lawful when established but which no longer conform to the City's
regulations. For example, the City has changed its regulations regarding signs, lot size, and other
matters over the years and this draft Development Code proposes additional changes. This article
contains provisions which govern the continuation of those uses which are now considered
"nonconforming." It is important to remember that these provisions do not convert uses which are
unlawful (that is, uses which did not obtain a permit or which never complied with the City's
fegulations) into lawful uses.
The principle features of this article are:
A. Specific provisions for allowing expansion of nonconforming structures and prohibiting the
expansion of nonconforming uses.
B. Abandonment of nonconforming structures Of uses for 6 months results in the loss of
nonconforming status (that iSt can thereafter only be operated in conformance with the
Code).
CrrvOFCLEARWATER
EXECUTIVE SUMMAR\': COMMUNlT\' DEVELOPMENT CODE
PAGEt4
NOVEMBER 30, 1998
,.
~~. EXECUTIVE SUMMARY
C. Prohibiting the reestablishment of a nonconforming use or structure if destroyed more than
50% of the assessed value of the structure or 50% of the cost of repair or replacement of the
fixtures and/or inventory.
D. Nonconforming signs must be brought into compliance when the principal use is
redeveloped.
E. . Establishing the circumstances where a dwelling may be constructed on a nonconfonTIing
residential lot ofrecord (if the lot was lawfully created and not held in common ownership
with any abutting land etc.).
F. Termination of nonconfonning accessory uses and structures when the principal use is
abandon~d, destroyed and requiring that such accessory uses be brought into conformity
whenever there is a "substantia! improvement, addition to or change in the principal use or
structure" .
G. Specifying the circumstances where nonconfonning access features must be brought into
compliance!
H. Providing a process where nonconfonnities can be converted to lawful status if certain
landscaping and parking is provided.
ARTICLE 7
ENFORCEMENT PROCEEDINGS AND PENALTIES
This article consolidates all of the various enforcement and penalty provisions that were previously
scattered throughout the Code in order to clarify what remedies are available for enforcement and
to the extent permitted by law, streamline the enforcement process.
ARTICLE 8
DEFINITIONS AND RULES OF CONSTRUCTION
This article contains all of the various definitions of key terms which had previously been scattered
throughout the Code. Many new definitions have been included, principally ones required for the
new association of uses in Article 2, as well as graphics.
Finally, a comprehensive index will he provided for the final draft, making it easier to access
relevant provisions.
PAGElS
NOVEMBER30t 1998
CITY OF CLEARWATER
EXECUTIVE SUMMARV: COMMUNITY DEVELOPMENT CODE
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ORDINANCE NO. 6350-98
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE BEAUTJFICA TION
COMMITTEE, 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: .
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 nice 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
November 19J 19q8
Rita Garvey, Mayor-Commissioner
Attest:
'LesUe Dougall S des
Assistant City orney
Cynthia E. Goudeau, City Clerk
Ordinance No. 6350-98
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ORDINANCE NO. 6351-98
I~
AN ORDJNANCE 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 CllY 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 P3Y an annual reglstr3tion foo of $10.00. Fecs
shall be due and payablo on 0 c:lIendar yeoF basic and shall not bo prorat3blo or
refunda~
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 auotation procedures.
(c) The amount of the purchase is less than $eQO.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 writina by the responsible department
director.
(g) ServicoE: FOndered by physician&, atlornoy&, 3nd ouditof&:- The purchasing
aaent determines that services are provided in one or more of the
following:
(i) Artistic services.
(Ii) Academic program reviews.
(iii) Lectures by individuals.
(iv) Auditing services.
(v) leaal 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.
17
Section 3. Sections 2.602 through 2.60B 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 of 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.
Section 5. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
November 19. 1998
PASSED ON SECND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest:
c:--z:::, --->
--- -
John Carassas, Asst. City Attorney
Cynthia E. Goudeau, City Clerk
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To: Mayor and City Commissioners
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(3'1711 ~7' eL&/l1{JUA7&~
INTEROFFICE MEMO
\~.\(J.98
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From: George E. McKibben, Purchasing Manager
Copies: Michael J. Roberto, City Manager
Cynthia E. Goudeau, City Clerk
Subject: Purchases to be approved at the December 10, 1998 City Commission Meeting
Date: November 19, 1998
All items recommended for purchase and delivery during the 1998/99 fiscal year are 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 are
the lowest most responsive bidders in accordance with the specifications unless a specific exception is
noted.
1. Award a contract to Environmental Control Systems and Products, South Houston, Texas, in the
estimated amount of$150,000., for odor neutralizer to be utilized in aU Water Pollution Control
facilities during the contract period December 11, 1998 through December 31,2001. Appropriation .
code: 421-01351-550400-535-000 (public Works Administration) -p'^-l \e.O 0.+ wo rkreSS\ ON
2. Award a contract to Spartan Oil Company, Tampa, Florida, in the estimated amount of$I,OOO,OOO,
for the purchase of fuel for resale during the contract period January I, 1999 through December 31,
1999. Appropriation code: 432-01371-531000-575-000 (Quality of Life Administration)
3. Award a contract to Tampa Mack Sales and Service, Tampa, Floridat in the amount of $94,650 for
the purchase of one 1999 Mack RD690S chassis with Galbreath roll-off hoist (additional vehicle
requirement; in FY 1998/99 budget), to be utilized throughout the City by Solid Waste. Funding to be
provided WIder the City's Master Lease Purchase Agreement. Appropriation code: 315~96438~5641 00-
534-000. Debt service codes: 424-02083-571300---582-000 (principal) and 424-02083-572300-534-
000 (Interest). (Solid Waste)
4. Award a contract to Reliastar, Inc., Orlando, Florida) in the estimated amount of$50,000, for
employee group tenll life insurance for supervisory, administrative, managerial and professional
personnel (SAMP). during the contract period January 1, 1999 through December 31, 1999.
Appropriation code: 590-07000-545500-519-000. (Human Resources Administration)
--
I~
5 . Award a contract to Don Reid Ford, Maitland~ Florida in the amount of$563,195.02~ for the purchase
of23 1999 Ford Crown Victoria Pursuit Vehicles {replaccment)for utilization throughout thc City by the
Police Department. Three year funding to be providcd under the City's Master Lease Purchase
Agreement. Exception to bid under Section 2.564 (1){d)~ Code of Ordinances - Florida Statc Contract
070-100-404. Appropriation code: 315-94227-564 I 00-519-000. Debt Service Codes: 566-06612-
571300-582-000 (Principal) and 566-06612-572300-519-000 (Interest). (Gcneral Services Support
Administration)
cf . Award a contract to Dell Marketing L.P., Round Rock, Texas, in the amount of$39t896, for the
purchase of computer hardware to be utilized by engineering draftsman for autocad functions. Three
year funding to be provided under the City's Master Lease Purchase Agreement. Exception to bid undcr
Section 2.564 (1)(d)~ Code of Ordinances - Florida State Contract 250-040-99-1. Appropriation codes:
315-94766-564000-519-000 ($37,031) and 315-94766-550400-519-000 ($2,865). Debt service code:
010-01313-591600-581-000 (Principal and Interest). (Public Works Administration)
l1, . Award a contract to Duval Ford, Jacksonville, Florida, in the amount of$21 ,618, fOf the purchase of
one (1) 1999 Ford E-250 cargo van for utilization throughout the City by the Fire Department. 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 (l)(d), Code of
Ordinances - Florida Sheriffs Association award 98-06-0 194. Appropriation code: 315-91226-564000-
522-000. Debt service code: 010-01240-591600-581-000. (Fire Department Administration)
c:; . Award a contract to Caruso Chrysler Plymouth Jeep, Inc., Jacksonville, Florida, in the amount of
$19,036, for the purchase of one (1) 1999 Jeep Cherokee utility vehicle 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 undef Section 2.564 (1)( d), Code of Ordinances - Florida Sheriffs Association award 98-06-0914.
Appropriation code: 315-91226-564000-522-000. Debt service code: 010-01240-591600-581-000
(Principal and interest). (Fire Department Administration)
9
. Award a contract to General Safety Equipment Corporation, Wyoming Minnesota, in the amount of
$653,576, for the purchase of two (2) 1999 Gladiator chassis fire and fire rescue fire trucks for
utilization throughout the City by the Fire Department. Funding to be provided under the City's Master
Lease Purchase Agreement. Appropriation code: 315-91218-564000-522-000. Debt service code: 010-
01240-591600-581-000. (Fire Department Administration)
\D
. Extend the contract with Brad Ragan Inc., Clearwater, Florida, in the estimated amount of
$175,000, for the purchase of new tires for utilization by all departments during the contract period
January 1, 1999 through December 31, 1999. This is the first extension of two available under the tenns
of Clearwater Bid 08-98. Appropriation code: 566-06611-550700-519-000. (General Support
Services Administration)
1 ,
. Award a contract to American Welding Company, Saint Petersburg, Florida, in the amount of
$74,004 for the fabrication and installation of a new packing housing for the east pit located at solid
waste. Exception to bid under Section 2.564 (1)(d), Code of Ordinances - City of Clearwater Bid 92-98
approved by City Commission on August 7, 1998. Appropriation code: 315-96426-563800-534-000.
(Solid Waste)
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.Award a contract to Dravo Lime Company, Montevallo, Alabamat in the estimated amount of
$1~OOO,OOO for the purchase of high calcium quick lime for utilization at all Water Pollution Control
facilities during the contract period January 15, 1999 thr()ugh January 31,2002. Appropriation code:
421-01351-550400~535-000. (public Works Administration) -
y3
Award a contract to Stertil-Koni USA, Ellicott City Maryland, in the amount of$35,000, for the
purchase ofthree (3) Stertil-Koni ST 1072 Main Post and three (3) Steril-Koni ST 1072 Secondary Post
mobile lift systems for utilization throughout the City by the Fire Department. Six lifts are required to
. for the City's aerial fire trucks. Exception to bid under Section 2.564 (1)(e), Code of Ordinances - Sole
source. Appropriation code: 315-91224-564000-522-000., (Fire Department Administration)
~ r .... .
. . ' , Fundmg 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. .
c:t... '.
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.. . :na ~i1son, Budget Director
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Clearwater City Commission
Agenda Cover Memorandum
Work session ltom II:
Final Agenda Item /I
--!CJ
Meeling Date: 12/10/98
SUBJECT/RECOMMENDATION: Award a contract for "Dcmolition of Clcarwntcl' Civic Ccntcr (40
Causeway Blvd.) and De~\ch Diner (56 Cnuscway 81vd.) (98~()181~CM) to SONNY GLASDRENNER,
INC. of LARGO. FLORIDA, Florida for the sum of$58,190.00 which is the lowest responsible bid received in
accordance with the plans and specifications and authorize a loan from the Consolidated Cash Pool to fund the
cost of this project until such time as bonds are issued.
l&J nnd that the appropriate olficials be authorized to execute same.
SUMMARY:
. At the request of the City Manager's office, a contract has becn prepared lor the demolition, removal and
disposal of the commercial building stmctures known as the "Clearwater Beach Civic Center", 40 Causeway
Blvd. and the "Beach Diner", 56 Causeway Blvd,
. The demolition of these stmctures will G1cilitate the construction of the "Gateway to the Beach", a Dne Cily.
One Future. project.
. The cost of this project will be funded by a loan from thc Consolidated Cash Pool umil such time as bonds
are issued for the entire funding of the "Gateway to the Beach".
. This project will start as soon as possiblc aftcr award and execution of contract, und is scheduled to be
completed within 60 calendar days.
Clearwater Civic Center was also known as Memorial Civic. Center
Risk Mgmt
Info Srvc
Pubiic Works
DCM/ACM
~.
Originating Dopt:
Public Works A
User Dept.
Public Works
Costs
Total
$ 58. 190.00
Rovlewed by:
. legal
Budget
Purchasing
Current
FY
Funding Source:
X CI X
Other
N/A
Attachments
op
Other
Submitted by:
Cltv Manager
o None
Appropriation Code:
348.92148-560600.541-000-
Rev. 2/98 Demolition Civic Center Beach Diner
~" Printed on recvcled paper
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I ill
.
Eb3
Clearwater City Commission
Agenda Cover Memorandum
Work session lIem #:
~o
~
Finill Agenda Item #
Meeting Dale:
SUBJECT/RECOMMENDA TION:
Approve Tampa Bay Partnership dues increase from $20,000 to $40,000 for Fiscal Year 1998-1999.
!!9 and that the appropriate officials be authorized 10 execute same.
SUMMARY:
· The Tampa Bay Partnership has provided invaluable marketing services for the region. The image
enhancement and research of the Partnership has enhanced the City's ability to attract and retain
businesses.
. The Mayor has served on the Policy Board. The Assistant City Manager has served on the Marketing
Committee with Commissioners attending key functions during the year.
· The City's current dues are $20,000. We have been asked to increase that contribution to $40,000 in
this fiscal year and-subject to budget consideration-to $50,000 in subsequent fiscal years through
the 5-year cycle.
· In consideration for the new dues, the Partnership has agreed to certain enhanced services Including
being featured in advertising in economic development publications, regional and national public
relations assistance for the One City. One Future. blueprint for Clearwater's future and membership in
key committees of the 1-4 Corridor initiation. Mr. Roberto will serve on the Council of Governors, which
provides strategic direction to the Partnership's work program.
. The approved 1998-1999 Annual Operating and Capital Budget included $20,000 for the membership
dues in the Non-Departmental program. The available balance in the Economic Development Team
prOfessional services line item budget will provide funding for the additional $20,000.
i
I.
Reviewed by:
legal N/A
Budget TW~
Purchasing N/A
Risk Mgml NiA
In(o Srvc
. Public Works
DCMlACM
Other
N/A
N/A
Originating Dcpl:
Economic Development
User Dept.
Costs
T olal tt Q.O~ 000
CUrrent FY
Funding Source:
CI
OP
Other
Attachments
Submitted by: ~
City Manager ('f\. -:!R. JC:)
PrInted on recvcled paper
o None
Appropriation Code: 010-07000-557100-519-000
010.09216.557100-552-000
Rev. 2198
~o
, WedntSdny l>etember It 1998 U:08 AM
Puge:l
Council of Gov~rnor5
Mr. Girard F. Anderson 8132284309 main
ChDirman & C.E.O. 813 2284811 FAX
. TECO Energy Inc.
PO Box 111
Tampl\. F1.. 33601-0111
Mr. Hoyt R.. Barnett 94'1 680 5241 Main
d Executi~~ Vice President 941 6165652 Fax
Publix Super Mnrlcet,.1nc.
PO Box 407
LakelDnd, n 33802
Ms. Betry Castor 8/39742791 Main
President 813 9745530 Fax
University ~f South Florida
4202 East Fowler Avenue ADM241
.' TDmpD, FL 33620-5500
Mr. Rick Dodge 727-464-7332 Main
Assistant County Administrator 727-464-7053 FIDe.
pjnella$ County Economic Development
14010 Roosevelt Blvd.. 1# 704
Clearwater. FL )3762.J804
Mr. John Ferren 813483 1201 Main
President 8132048960 Fax
GTE . Florida
PO Box 110 FL TeOOIO
Tampa. t:L 33601-0110
the H.onorable David Fischer 127 893 7201 Malin
Mayor. City of St. Petersburg 727 8925365 Fax
PO Box 2842
SL Pdersburg, FL 33731
Mr. Lmy Mallard 813224 5GI6 main
North Florida Regional President 813-224.5087. fax
NationsBank
PO Box 31590
Tampa.. FL 33602
Mr. J. Daniel MiJ1~r 813 286 6000 Main
President. West Floridn Division 8 13 286 6020 Fax
ColumbiaIHCA Healtbcarc Corpomion
6200 Courtney Cempbell Cswy#150
Tampa, FL 33601
.' I
.
. , .~ .'~. .,...lo............"'~. .....~..-r ,"" '.
. " .' .! < ... , ~ ." .'
> "~:
'"d-O
WedneJdny December 2.199811:08 AM
p.age ~ 2
Council orj;Oytrnur~
Mr. Frank V. Murpby, Ul 727-734-6194 MDw
., Presidcnt & CEO 727.532.6188 Fax
BayCarc Health System
17757 US Hwy 19 N Suite 100
Clearwater. FL 3)764
Mr. Frank Newman 727395-7222 Main
~ident 8; CEO 727395.6473 :Fax
Ecketd Corporation
PO Box 4G8S1
Clearwatar.'1. 34618
Me. Joseph Richardson 127 820 5520 mnln
President ,& CEO .. . 727-824-6527 fax
Florida Power Corporation
PO Box 14042
St. Pctcl'Sburs. fL 33733-4042
., Ms. Judith Roales 727 893 8477 Mnin
,-\., . 'Publisher &. Executive Vice President 727 892 2328 Fax
St. Petersburg Time.~
PO Box J 121
ST. Petersburg, PI. 33731-1121
Mr. Mike Roberto 7175624041 main
; City Manl1ger 727 5624052 Fax
I City of Clearwater
PO BOle 4748
Clearwoter, FL 331.58-4748
Mr. Chris Sullivan 813282-1225 Main
Cbnirman & CEO 813286-2241 Fox
Outback StealcboLlse. Inc.
,SO N Reo Slm!l SuiUl200
Tamp:!, FL 33607
\< !
, I
, .
":.l\,!,:~~'.:,~!Y?-~;;:.~'p~,~~,,:. .
. ~ ,,, ." ~~. , . L. . _ oj
Workscsslon Item #:
Clearwater Glty Commission
Agenda Cover Memorandum
Final Agendilll(!m #
-a \
F D ::1-
\
UBJECT/RECOMMENDA liON:
,
Approve continued participation in a joint venture, at a cost not to exceed $38,000, to study providing
Emergency Medical Services (EMS) transportation services throughout Pinellas County,
and that the u 10 riate officials be authorized to execute same,
SUMMARY:
· Largo, S1. Petersburg, Clearwater, and Pinellas County, entered Into an agreement with the Polaris
Group to perform a feasibility study regarding the Fire/Rescue Departments providing a single
response EMS System with Advanced Life support (ALS) services. The funding of the study ($95,500)
was shared equally, with each party paying $23,875.
II The consultanfs study indicated it is feasible for the Fire Departments to provide quality transport
services that are competitive with private transport providers. Authorization is being requested to begin
Part II of the consultant's study: .
1. Develop a plan to transition from the current dual-response system to single-response system to
include a significant amount of analysis to determine the specific financial and operational impact
on Pinellas County if Fire Departments were to be responsible for patient transportation service.
Also included would be individual City costs for setting up the necessary organization and acquiring
the needed equipment to provide the service.
· Prepare a bid response for the Fire/Rescue Departments to jointly submit to a future Pinellas County
RFP for EMS transport services.
. The cost for Part II ($113,000) would be shared equally among the Largo, St. Petersburg, and
Clearwater, with each party funding $37)667.
. Acceptance of the proposal will be contingent on the results of the competitive bid process.
. Due to the significant financial obligations inherent in the bid process. staff will be reviewing this
information with each participating City Commission prior to finalizing a potential bid for submission.
Reviewed by:
Legal .:.i3f2:-
Budget .d..L
PurchasingUa
Originating Oept~
Fire
User Dept.
Fire -x;.~
Attachments
OP
Other x
Costs
Total $37,667
Info Srvc nla
Public Works nla
DCMlACM
Finance '::!!l.A..
Funding Source~
Current CI
FY
, Risk Mgmt nla
I -
Submitted by:
City Manager
e None
A ro rlallon Code:181-9995S.S3030o.S22-00n
FD~
Clearwater City Commission
Agenda Cover Memorandum
Worksesslon lIem #:
Final Agenda Ilem #
-a \
Meeting Date:
\~.\O.98
SUBJECT/RECOMMENDA liON:
Approve continued participation in a joint venture, at a cost not to exceed $38,000, to study providing
Emergency Medical SelVices (EMS) transportation selVices throughout Pinellas County,
1}9 and thallhe appropriale officials be authorized to execule same.
SUMMARY:
. Largo, St. Petersburg, Clearwater, and Pinellas County, entered into an agreement with the Polaris
Group to perform a feasibility study regarding the Fire/Rescue Departments providing a single
response EMS System with Advanced Life support (ALS) services. The funding of the study ($95,500)
was shared equally, with each party paying $23,875.
. The consultant's study indicated it is feasible for the Fire Departments to provide quality transport
services that are competitive with private transport providers. Authorization is being requested to begin
Part II of the consultant's study:
1. Develop a plan to transition from the current dual-response system to single-response system to
include a significant amount of analysis to determine the specific financial and operational impact
on Pinellas County if Fire Departments were to be responsible for patient transportation selVice.
Also included would be individual City costs for setting up the necessary organization and acquiring
the needed equipment to provide the service.
. Prepare a bid response for the Fire/Rescue Departments to jointly submit to a future Pinellas County
RFP for EMS transport services.
. The cost for Part II ($113.000) would be shared equally among the Largo, 81. Petersburg. and
Clearwater, with each party funding $37,667.
. Acceptance of the proposal will be contingent on the results of the competitive bid process.
. Due to the significant financial obligations inherent in the bid process. staff will be reviewing this
information with each participating City Commission prior to finalizing a potential bid for submission.
Reviewed by: Originating Dept: Costs
Legal ~ Info Srvc nfa Fire ~ Tolal $37.667
Budget ~ Public Works n1a User Dept. Funding Source:
-
Purchasing a DCMlACM Fire >e~ Current CI
FY
- -
Risk Mgmt n1a Finance ':::!:nA.. Attachments OP
-
Other "
Submltled by: It..- a None
City Manager II U Aooroorlatlon Code: 181-99955.530300..522.000
'"
FP d-
Clearwater City Commission
Agenda Cover Memorandum
Workscssion Item #:
Final Agenda Item II ~ ~
Meeting Date: Id. . \ 0.. 9R
SUBJECT/RECOMMENDA liON:
Award a contract to General Safety Equipment of Wyoming, Minnesota, in the amount of $980,364
for the purchase of three, Spartan chassis equipped fire engines, funding to be provided under the
City's Master Lease Purchase Agreement. This is the lowest, most responsive, and responsible bid
submitted in accordance with the specifications.
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· Operational needs have necessitated immediate action. These engines meet the need to upgrade our
existing' front line apparatus and improve the reserve fleet.
· These units will replace 1973 Maxim and 1975 Maxim engines. The Maxim engines will have
exceeded their useful life span as emergency response vehicles at delivery of the new units and will be
surplused.
· This purchase would allow us to add an additional reserve apparatus. This is an essential step in the
plans for improved service to the citizens and will provide apparatus for seasonal and special event
operations.
. The Departmenfs existing three 1990 Spartan/Quality engines would begin the move to reserve status.
These units will be refurbished to extend their useful life as emergency response vehicles.
. These units are being ordered due to the long lead-time involved with this purchase. Additionally, by
ordering before January i. 1999 we save approximately $13,050 in chassis cost, and the Fire
Department will receive the use of a loaner fire engine until these units arrive.
. Two of these engines are not budgeted as part of the current Capital Improvement Budget or six-year
Capital Improvement Plan. This contract results in a budget impact of increased General Fund debt
payments of $218,020 in 1999/2000 and in four subsequent years (the equivalent of approximately
1/20 of a mill). The funding will be identified and allocated in the preparation of the 1999/2000
Operating BUdget and Capital Improvement Program.
. A first quarter budget amendment will increase the project budget in 315-91213, Apparatus
Replacement, in the amount of $980,364 to establish funding for this contract.
Reviewed by:
legal nla
Budget. ~
purchas~ .
Risk Mgmt ~
In(o Srvc
Public Works
DCMlACM
~
nJil.
Originating Oept:
Fire t5CJ;:;
User Dept.
Costs $980,364
TO/ill
Other
Fire
Attachments
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City Manager
Printed on recycled paper
CJ None
A ro rlation Code: 315-91213
Rev. 2/90
FD ~
Clearwater City Commission
Agenda Cover Memorandum
Workscssion Item #:
Final Agenda Item # .~ ~
Meeting Dale: I'd... . , D ~g
SUBJECT/RECOMMEN DA lION:
Award a contract to General Safety Equipment of Wyoming, Minnesota, in the amount of $980,364
for the purchase of three, Spartan chassis equipped fire engines, funding to be provided under the
City's Master Lease Purchase Agreement. This is the lowest, most responsive, and responsible bid
I . submitted in accordance with the specifications.
[EJ and that the appropriate officials be authorized 10 execute same.
SUMMARY:
· Operational needs have necessitated immediate action. These engines meet the need to upgrade our
existing front line apparatus and improve the reserve fleet.
· These units will replace 1973 Maxim and 1975 Maxim engines. The Maxim engines will have
exceeded their useful life span as emergency response vehicles at delivery of the new units and will be
surplused.
It This purchase would allow us to add an additional reserve apparatus. This is an essential step in the
plans for improved service to the citizens and will provide apparatus for seasonal and special event
operations.
. The Department's existing three 1990 Spartan/Quality engines would begin the move to reserve status.
These units will be refurbished to extend their useful life as emergency response vehicles.
· These units are being ordered due to the long lead-time involved with this purchase. Additionally, by
ordering before January 1, 1999 we save approximately $13.050 in chassis cost, and the Fire
Department will receive the use of a loaner fire engine until these units arrive.
. Two of these engines are not budgeted as part of the current Capital Improvement Budget or six-year
Capital Improvement Plan. This contract results in a budget impact of increased General Fund debt
payments of $218,020 in 1999/2000 and in four subsequent years (the equivalent of approximately
1/20 of a mill). The funding will be identified and allocated in the preparation of the 1999/2000
Operating Budget and Capital Improvement Program.
. A first quarter budget amendment will increase the project budget in 315-91213, Apparatus
Replacement, in the amount of $980,364 to establish funding for this contract.
Reviewed by:
Legal nJa Info 5rvc
OUdg,,~/ Public Works
Purchasln ~." DCMlACM
RIsk Mgmt nJa Other
nJa
nla
Originating Dept:
Flre~
User Dept.
Costs $980,364
Total.
Fire
Attachments
Current FY
funding Source:
CI
OP
Olher
Submitted by:
City Manager
Printed on recvr::lcd pilpcr
o None
A ro riation Code: 315-91213
Rev. 2/98
(8
rf'/1-
Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Meeling Dale:
~3
1~'lO.9~
.
Final Agenda Item #
,SUBJECT IRECOMMENDA TION:
Authorize settlement of Workers' Compensation Claim of Dorothy Boaz
IBl and that the appropriate officials be authorized to execute same.
SUMMARY:
Ms. Boaz, a 65 year old school crossing guard, sustained a work related neck injury on November 21, 1997.
As a consequence of the injury she underwent a cervical fusion. She also developed chronic intractable
headaches. Ms. Boaz has been unable to work since the accident and is entitled to receive permanent total
disability benefits for life in the amount of $130.96 per week with a $6.24 cola per year until she reaches a
weekly compensation rate of $187.08. She also receives ongoing medical care for her headaches.
Court ordered mediation was held on November 12, 1998, at which time it was tentatively agreed to settle
Ms. Boaz's entire workers' compensation claim, including attorney's fee, for $35,000, subject to claims
committee and commission approval. Additionally Ms. Boaz has agreed to sign a general release and submit a
voluntary resignation. '
The present value of Ms. Boaz's indemnity benefits, without colas, exceeds $86,000.
As of November 13, 1998, the City of Clearwater has paid $22,174 in workers' compensation benefits. Ms.
Boaz's benefits will continue until settlement of the claim.
The City of Clearwater's Claims Committee, Risk Management Division, and outside counsel, Mitchell
Golden, of Fowler, White, et ai, recommend approval of this settlement as being in the best interest of the
City of Clearwater.
Submitted by:
City Manager
Printed en recycled paper
Inro Srvc
Public Works
DCMlACM
Olher
nfa
~
Originating Dept: Finance
L-m.A
User Dept.
Costs
Total 35,000
Revhewed boo._1
Legal ~
Budget
Purchasing
Risk Mgmt
Current FY 35,000
Funding Source:
Cl
OP
Other elf
n1a
Attachments
~
o None
A ro rlation Code: 59070000-545800-519-000
Rev.219B
. <. . ~ . : :.' ":! ~ ' ;..' (. '
.
fb 1-
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item # ~ ~ .
Meeting Date: (~. \0.1f
SUBJECT/RECOMMENDA TION:
Clearwater Police Geographic Information System III - Approve acceptance of a one-year grant for
fiscal year 1998/99 in the amount of $95,056 from Florida Department of Community Affairs/Drug
Control and System Improvement Formula Grant Program
IEJ and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Clearwater Police Department will utilize this grant to continue its Geographic Information
System (GIS) project that began in 1996/97 in collaboration with Pinellas County. The basis of the
system is Pinellas County's GIS mapping, which has over 400 pre-existing and maintained
information layers, including alf property addresses, Property Appraiser's Office information, building
inspection activities, 911/Emergency Management data, and County-furnished utilities information.
To this database we are adding actual crime data collected for the target area, as well as other data
corrected from Clearwater's Public Works Department, Utility Billing Division, and other departments
as their data becomes available. Resource information (such as parks, schools, libraries, after-
school programs, job skills programs, health services) will also be added to the system as the project
moves forward.
. The GIS enables the user to prepare maps showing the number of specified types of incidents (which
are selected through description codes) and locations for these incidents. Analysis of these maps
allows a more comprehensive view of criminal activity in the targeted area with trends and successful
prevention methods more easily identified.
. The grant will fund the continuation of two full-time GIS positions, as well as a college student intern
position for 20 hours per week. All three of these positions are contract positions and not required by
the grant to be retained upon completion of the GIS project. The grant will also fund GIS related
training and associated travel for GIS staff, as well as costs for hardware and software maintenance,
GIS desktop software, and miscellaneous supplies such as ink, ribbons, and paper.
. The federal share of the grant is $95,056; the City's required match of $31,686 is being transferred
from special project number 181~99396 (last year's GIS grant) to special project number 181-99346.
Reviewed by:
Legal ;.
Budget
Purchasing
Risk Mgmt nla
Info Srvc nla
Publfc Works -!ll!-
DCM/ACM
Other nla
Orlglnatl 9 Oept:
Pollee
User Oept.
Pollee
Attachments
costs
Total $31,686
Current FY $31.686
Funding Source:
CI
OP
Other Grant
pN
Submitted by: (Y\'" n IcJ.
City Manager '-oJ K /f:!/
I!I None
A ro rlatlon Code: 181~99346
0..1.....,.,. ....... ...........,..1..,.. ."........nP
anU '71Q0
. _.'_M~
-
.
fD3
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Meeting DatI.!:
~5
_&~..92'
Final Agenda Item #
SU BjECT/RECOMMEN DA liON:
Police Department Computer System - Approve the assignment of the City's existing contract with PSI
International, Jne. of Fairfax, Virginia for the provision of computer systems and integration services to
Logistic Systems, Inc. of Missoula, Montana (ULogisys") to include a final payment to PSI of $817,070 for
systems delivered to date and an encumbrance of $791,954 for project completion to Logisys; approve
the immediate subsequent assignment of the message switch portion of that contract from Logistic
Systems, Inc. to Public Safety Technologies, Jnc. of Herndon, Virginia ("PST") at a total remaining cost
not to exceed $70,000; approve the purchase of updated hardware from Logisys to upgrade the
Computer Aided Dispatch system at a cost of $85,210; approve the cancellation of the hardware
maintenance agreement with PSI; and approve an expenditure not to exceed $16,000 to Tew, Zinober,
Barnes, Zimmet and Unice for outside counsel legal services related to this contract assignment,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· On May 18, 1995, the City Commission awarded a contract to PSI International, Inc. for a police computer
system and system integration services at a cost of $3,335,000. Jn June 1996, the City Commission
approved an increase of that contract for additional computer hardware in the amount of $297,726 which
brought the total project cost to $3,632,726. The contractual due date for project completion was August,
1996; while some hardware and minor systems were provided by that date, other systems were dependent
upon completion of the new police headquarters building which was occupied in January, 1997.
· PSI has provided to the City the local and wide area network for the Police headquarters building and
substations, the computer-aided dispatch system, mobile computer hardware, and the automated parking
ticket system at a final cost of $2,432,860. After significant delays, PSI has been unable to provide the
mobile field reporting software requiring police officers to continue to use an obsolete software.
Additionally, PSI's project management has gradually deteriorated over the life of the project and the
company's relationship with subcontractors on this project has declined resulting in an ineffective
arrangement between the City and PSI.
Reviewed b.,.~ J J.
legal ~
Budget ~
Purchasing "'r;;A
RIsk Mgmt NA
In{o Srvc
Public Works
DCMlACM
Other
uJ~
2!L
Costs
Total
Current FY
Funding Source:
CI X
OP
Other X
Attachments
Submitted b.,.:
City Manager (YL:r f( 1!!J
o None
Appropriation Code:
315.91127.564006-521-600 (1,679,024.)
010-o111~S3010U-521.000 (16 000.)
Rev. 2198
Printed on recycled paper
....."-~ .h- _
· In the interest of completing the remaining elements of the project and to reduce the possibility of
litigation, the Police Department and PSI have reached an agreement to assign the remaining project
elements to the major subcontractor, Logistic Systems, Inc. The City will pay PSI 'for all hardware,
software, and systems delivered and functional, and PSI will refund to the City all down payments on
systems not delivered in addition to allowing a $75,000 discount on the mobile computer hardware
currently in use. Total final payment to PSI is $817,070 which represents full and final payment according
to the original contract amounts for all hardware, software, and systems delivered to date by PSI reduced
by the discounts and down payment refunds.
· In consideration for accepting the contract assignment, the City will pay to Logistic Systems $215,780
which represents a 65% payment for the computer-aided dispatch hardware and related components
provided by Logistic Systems and which the City is currently using, plus a 25% downpayment on new
upgraded hardware to be delivered. The only previous payment made on the computer-aided dispatch
system was the 25% down payment. The City will continue to retain 10% of the r~maining project costs
until project completion.
· The original hardware maintenance agreement (which was never activated and no funds expended toward)
will not be assigned as the police department has determined that we can maintain the hardware more
efficiently with department staff and individual service contracts with hardware providers as needed.
Those funds (originally $292,232 annually, but reduced in this year's budget to approximately $205,000)
have been reallocated within the police department's budget for system and hardware maintenance costs
to be administered by the Police Department. The software maintenance agreement and software license
agreement will be assumed by Logisys and Public Safety Technologies, Inc. as integral to the contract
assignment.
. The assignment agreement is a multi-party document entered into among the City, PSI, Logistic Systems,
ACSTAR (performance bond provider), and Public Safety Technologies, Inc., providing for the assignment
of the contract and appropriate contract related documents, the release of the bonds, general releases by
each party of each other party, and the payment of the settlement amount to PSI and the assignment
amount to Logisys.
. Subsequent to the assignment agreement, the City will enter into a contract amendment with Logistic
Systems generally amending certain terms of the contract and the contract related documents. This
amendment will revise the scope of work taking into account work already completed and changes in the
City's needs, and revising other terms and conditions as agreed upon during negotiations and approved by
the City Attorney. None of these changes to the original contract terms will increase the original contract
dollar amount.
. Also, subsequent to the contract assignment, Logistic Systems will then assign the message switch portion
of the contract to Public Safety Technologies, Inc. (pSn. PST has been a subcontractor on the project since
its inception and has already provided certain message switch hardware and software under the original
contract. The message switch is a computer sub~system consisting of hardware and software that allow!i
2
I '
the Police Department systems to communicate with external databases such as the Florida Department of
Law Enforcement and the Pinellas County Justice Information System.
.
· The revised project scope adds eight (8) IBM RS6000 computers at a cost of $85,210 which will replace
eight (8) standard Dell PC's in the police computer-aided-dispatch (CAD) system. This upgrade, outside the
scope of the original project, will improve the performance of the CAD system and will allow us to take
advantage of the latest CAD software release from Logisys which will be provided at no cost. Through
savings generated in the negotiations for this contract assignment, we will be able to absorb the $85,210
cost within the original project amount; the Dell computers being replaced still have considerable utility
and will be reallocated within the police department's network.
· The major remaining elements of the project are the records management system (provided by Logistic
Systems), the completion of the message switch system (provided by Public Safety Technologies), and the
acquisition of a new field reporting system. The end result of the assignment will be that the City will deal
directly with the two major contractors remaining (Logistic Systems and Public Safety Technologies).
. The financial summary of the project and the proposed assignment is as follows:
Previously Approved Project Contract Cost: 3,632,726
Paid to PSI to-date: (1,615,790)
Proposed Settlement Payment to PSI: (817,070)
Encumbered for Project Completion - Logisys: (791,954)
Encumbered for Project Completion - PST (70,000)
Outside Counsel Legal Fees (16,000)
Total Residual Balance $321,912
From the residual balance, we propose to purchase new field reporting software and implement a
document imaging system both of which were a part of the original project but which are not being
assumed by Logisys in the contract assignment. These items will be brought back to the Commission at a
later date as separate purchase itel11s.
. The Assignment and Settlement Agreement, the Contract Amendment, the Message Switch Agreement, and
the Partial Assignment of Contract (to Public Safety Technologies) documents are available for review in the
City Clerk's Office.
3
".
, ..... r' . i ,,' ~
Drafted 11/13/98
CLEARWATER COMPUTER SYSTEM ASSIGNMENT
AND SETTLEMENT AGREEMENT
THIS CLEARWATER COMPUTER SYSTEM ASSIGNMENT AND
SETTLEMENT AGREEMENT (" Agreementtl) is made and cntercd into as of ,
1998, by and among the CITY OF CLEARWATER, FLORJDA, a municipal corporation
("City"), PSI INTERNA TIONAL, INC., a Massachusetts corporation ("PSI"), LOGISTIC
SYSTEMS, INC., a Montana corporation ("Logisys"), and ACST AR INSURANCE
COMP ANY t a corporation (" ACST AR"), with reference to
the following facts:
A. On May 30, 1995, the City and PSI entered into that certain Contract for
Computer System and System Integration Services C'Contractlt), providing for the installation
and integration of a police computer system including operating system software, application
software, computer hardware, wired and wireless networking products and services, consistent
with that certain City of Clearwater Request for Proposal for Computer System and System
Integration Services, dated August, 1994, and Addenda thereto (collectively, the rlRFplI).
B. As contemplated and required by the Contract, the City, PSI, and certain
other parties entered into that certain PSI Hardware Maintenance Agreement ("Hardware
Maintenance Agreementlt), that certain PSI Software Maintenance Agreement ("Software
Maintenance Agreement"), and that certain PSI Software License ("License Agreementtl), cach
dated as of May 30, 1995 (collcctively, the "Related Agreementsl1). PSI's obligations undcr the
Hardware Maintenance Agreement ceased approximately one year prior to the date hereof.
C. Pursuant to the requirements of the Contractt PSI obtained for the benefit
of the City Performance and Payment Bonds issued by ACST AR, guarantying the timely t
complete, and satisfactory performance by PSI of its obligations under the Contract and payment
of its subcontractors (collectively, the HBondsll).
D. The City and PSI have decided it is in their mutual best interests to have
PSI released from any further obligations to complete the System. Logisys is willing to assume
the obligations of PSI under the Contract, subject to amendment of certain terms directly with the
City, and to provide for the completion of the System in accordance with such amended terms.
E. The parties have agreed to resolve all disputes between them and to
provide for the assignment of the Contract and the applicable Related Agreements from PSI to
Logisys in accordance with the terms and conditions set forth below.
NOW, THEREFORE, in considcration of thc prcmises set forth above, and for
other good and valuable consideration specified herein, the rcceipt and adequacy of which is
hereby acknowledged by all parties, the parties agree as follows:
1. Recitals~ Exhibits. The foregoing recitals and all Exhibits attached hereto
arc true and complete and are hcreby incorporated into this Agreement by this reference.
2. Definitions. All capitalized tenus used in this Agreement that are not
otherwise defined herein shall have the meanings ascribed to them in the Contract.
3. Settlemcnt Amount. The City and PSI acknowledge that disputes exist
regarding amounts to which PSI claims it is entitled under thc terms of the Contract and credits,
offsets and damages to which the City claims it is entitled under the Contract, including, without
limitation, components allegedly delivered by PSI to the City; the value and adequacy of certain
hardware and software components delivered by PSI to the City; down payments made by the
City with rcspect to ccrtain components ofthc System: and liquidated damages to which the City
claims it is entitled on account of delays under the Contract. In consideration of the other
agreements of the parties under this Agreement, the City agrees to pay to PSI, and PSI agrees to
accept from the City as complete and final payment due to PSI under the Contract, the amount of
Eight Hundred Seventeen Thousand Seventy Dollars ($817,070.00) ("Settlement Amountn). The
City shall deliver the Settlement Amount to Tewt Zinober, Barnes, Zimmet & Unice, 2655
McCormick Drive, Clearwater, FL 33759 (nEscrow Agent"), concurrent with the City executing
this Agreement. The Settlement Amount shall be delivered by the Escrow Agent to PSI in the
form of a trust account check at the time provided for in Paragraph 8, below.
4. Assignment Assignment Amount. As partial consideration for the receipt
of the Settlement Amount, PSI hereby assigns to Logisys all of its rights, entitlements,
obligations and liabilities under the Contract, the Software License Agreement, and the Software
Maintenance Agreement (collectively, the tlAssigned Agreementslt). PSI hereby represents and
warrants that PSI has not previously assigncd any rights, entitlements or obligations of it under
or pursuant to the Assigned Agreements. In partial consideration for receipt of the Assignment
Amount (as defined and provided for below), Logisys accepts the forcgoing assignment of the .
Assigned Agreements by PSI, and agrces to assume all obligations of PSI thereunder, subject to
amendment and modification with the City pursuant to a separate amendment document to be
entered into by and between Logisys and the City concurrent herewith ("Contract Amendmenttl).
As partial consideration for Logisys agreeing to accept the foregoing assignment, the City shall
deliver to the Escrow Agent, concurrent with the City's execution of this Agreement, for payment
to Logisys at the time provided for in Paragraph 8 below, the amount of Two Hundred Fifteen
Thousand Seven Hundred Eighty and 10/100 Dollars ($215,780.10) ("Assignment Amounttl).
Logisys acknowledges and agrees that receipt of the Assignment Amount shall satisfy all
existing payment obligations of PSI and the City under the Contract due and owing to Logisys
pursuant to the terms thereof as of the date hereof.
5. Assignment of Manufacturers' Warranties: Software Licenses.
(a) Warranties. PSI hereby represents and warrants to the City that all
manufacturer warranties covering the components and modules of the System have expired. The
City and PSI hereby terminate the Hardware Maintenance Agreement effective as of the date
hereof.
(b) Licenses. PSI represents and warrants to the City that all third-
party software provided to the City by PSI under the Contract, including without limitation,
Microsoft products, network operating systems, network management software, and
communications software, has becn lawfully purchased and licensed by PSI from the third8
parties providing same for remarketing by PSI to the City, which software and the nwnber of
authorized users are identified on Exhibit HAil attached hereto (collectively, "Software
Licensesn). PSI hereby assigns, transfers and conveys to the City all license and ownership
rights to the Software Licenses, free and clear of all liens, encumbrances, and claims, including
without limitation the rights of any such third parties or other creditors. This representation and
warranty shall survive the consummation of the transactions contemplated by this Agreement,
and PSI hereby agrees to indemnify, defend and hold the City and its Affiliates (as defined in
Paragraph 7(a) below), harmless from and against any and all liabilities, claims, demands,
damages, action, obligations, costs and expenses arising on account of the inaccuracy or breach
by PSI of the foregoing representation Wld warranty.
AOIS0043(2),WPD
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6. Subcontractors. PSI hcrcby represents and warrants to the City, that PSI
has fully satisfied all of its obligations to aU subcontractors engagcd in connection with its
performancc undcr the Contract, including without limitation those identified on the Clearwater
Police Technology Project Vendor List datcd January 17, 1997, except Logisys who will be
satisfied as of the consummation of the transactions contemplated hereby. PSI hereby agrces to
indemnifYt defend and hold the City and its Affiliates hannlcss from and against any and aU
liabilities, claims, demands, damages, actions, obligationst costs and expcnses arising on account
of the brcach by PSI the representations and warranties set forth in this Paragraph 6 or othcrwise
on account of any amount unpaid by PSI to any subcontractors engaged by PSI in connection
with its performance under the Contract and the Related Agreements, except Logisys who will be
satisfied as of the consummation of the transactions contemplated hereby.
7. Release Provisions.
(a) Release bv PSI. As partial consideration for the tenus and
conditions of this Agreement, PSI and its affiliate, Synergetic Systems, Inc. (nSynergetic")t
hereby, for themselves and their parent corporations, subsidiaries, stockholders, officers,
representatives, insurance companies, subcontractors, employeest agents, successors and assigns
(collectively, "Affiliates"), fully release, remise, acquit and forever discharge the City and
LogisYSt and their respective Affiliates from any and all liabilities, cJaimst demands, damagest
actions, obligations, costs and expenses arising under the Contract, the Related Agreements and
the Bonds by reason of any matter, cause, happening or thing rdated to or arising therefrom.
(b) Release bv ACST AR. As partial consideration for the tenus and
conditions of this Agreement, ACSTAR hereby, for itself and for its Affiliates, fully releases,
remises, acquits and forever discharges the City and its Affiliates from any and all liabilities,
claims, demands, damages, actions, obligations, costs and expenses arising under the Contract,
the Related Agreements and the Bonds by reason of any matter, cause, happening or thing related
to or arising therefrom.
(c) Release by the City. As partial consideration for the terms and
conditions of this Agreement, the City hereby, for itself and for its Affiliates, fully releases,
remises, acquits and forever discharges PSI, Syncrgetic, and ACST AR, and their respective
Affiliates from any and all liabilities, claims, demands, damages, actions, obligations, costs and
expenses arising under the Contract, the Related Agreements and the Bonds by reason of any
matter, cause, happening or thing related to or arising therefrom, except to the extent of the
representations, warranties and covenants set forth in this Agreement.
(d) Release by Logisys. As partial consideration for the tenus and
conditions of this Agreement, Logisys hereby, for itself and for its Affiliates, fully releases,
remises, acquits and forever discharges PSI and Synergetic, and their respective Affiliates from
any and aU liabilities I claims, demands, damages, actions, obligations, costs and expenses arising
under the Contract, the Related Agreements and the Bonds by reason of any matter, cause,
happening or thing related to or arising therefrom.
(e) General Release Provisions. It is expressly understood that the
releases given in this Paragraph 7 do not apply to claims that may arise from conduct of the
parties except the City, including libel, after the date of this Agreement. The parties hereto each
hereby expressly state that they are receiving, concurrent with the execution of this Agreement,
full and adequate consideration for the general releases provided in this paragraph. Each party
AOlS0043(2).WPD
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hereby confirms that there is no undcrstanding or agreement of any kind for any further or future
consideration whatsoever, whether implied or expected, in consideration for the foregoing
releases. Further, each party hereto hereby rcprescnts and agrces that it has had the benefit and
advice of independent legal counsel of its own choosing and that it fully understands the terms of
the foregoing release. and has been advised by its attorneys that it is making full and final
settlement of all claims of every nature and character arising from or related to the. matters
arising under the Contract, the Related Agreements and the Bonds. Each party hereby
acknowledges and agrees that the foregoing releases by each party shall not be considered
admissions of liability by any such party, but are in full settlement and compromise of disputed
claims which each party has and as to which each party has denied and continues to deny
liability. FinallYt each party hereby represents and warrants that the individual signing this
Agreement on behalf of such parties has full authority and power to execute and deliver this
Agreement on behalf of such party and bind such party to all terms and conditions hereof,
including without limitation the release provision, provided in this Paragraph 7 and elsewhere in
this Agreement.
8. Effectiveness: Release of Proceeds and Documents: Escrow Agent. Each
party to this Agreement shall execute a counterpart of this Agreement and deliver such
counterpart to the Escrow Agent, together with any other documents and sums required to be
deposited by such party pursuant to the tenus of this Agreement. TIns Agreement shall be
effective upon Escrow Agent's receipt of counterparts of this Agreement fully executed by all
parties hereto, the Contract Amendment fully executed by all parties thereto, the Settlement
Amount, the Assignment Amountt and the bonds required to be provided by Logisys under the
Contract Amendment. Escrow Agent shall be entitled to rely upon the written certification by
each party hereto that each party has provided all documents and sums required by such party
pursuant to the terms of this Agreement for the effectiveness hereof, provided that the parties
acknowledge that this Agrcement is the only document required to be delivered by PSI. Upon
receipt of the same, Escrow Agent shall provide: (a) to PSI the Settlement Amount; (b) to
Logisys the Assignment Amount; (c) to the City and Logisys fully executed copies of the
Contract Amendment; and (d) to each of the parties hereto a fully executed copy of this
Agreement. Upon Escrow Agent's delivery of each of the foregoing to the parties specified,
Escrow Agent's liability under this Agreement shall be terminated. Each of the parties hereto
acknowledges that Escrow Agent is also acting as counsel for the City in connection with these
matters and hereby waives any potential conflict of interest that may arise in connection with
such dual roles, and consents to Escrow Agent representing the City in connection with any
litigation that may arise with respect to the terms and conditions of this Agreement. In the event
that Escrow Agent is in doubt as to its obligations under the tenns of this Agreementt Escrow
Agent shall have the right to notify each party hereto in \Witing and to continue to hold all
documents and sums delivered to Escrow Agent until Escrow Agent receives consistent written
instructions signed by each party heretot or Escrow Agent shall havc the right to. deposit all
documents and sums with the Clerk of the Court, notify each party hereto in writing of such
deposit, and shall thereafter be released of any liability and obligation under this Agreement
Each of the parties hereto jointly and scverally agree to indcmnifyt defend and hold Escrow
Agent harmless from and against any and all liability t obligations, cost and expenses associated
with Escrow Agent's performance of its duties in connection with this Agreement, except to the
extent of any liability arising on account of the gross negligence or willful misconduct of the
Escrow Agent in.connection with the matters contemplated hereby, and provided that ACSTARnwill have no duty of defense or indemnification.
9. Approved Statement. Attached to this Agrecment as Exhibit 11811 is a
written statement approved and authorized by PSI and the City for publication, dissemination
AOlS0043(2),WPD
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.. .....
and distribution in response to any requests by the presst future clients of PSI, or any other
parties inquiring into the status of the matters between PSI and the City or the nature and the
tenns of this Agreement or any other matters contemplated hereby. Neither PSI nor the City
shall providct whether in written or oral form, any other response to inquiries made with respect
to the relationship of PSI and the City under the Contract and Related Documents or the tenns,
conditions and matters contemplated by this Agreement; provided, howevert that the parties
hereto recognize that any existing documents or any documents created in the future in the City's
possession constitute public records under Chapter I 19, Florida Statutes, and nothing in this
paragraph shall prevent the City from complying with the requirements thereof.
10. Entire Agreement. This Agreement shall constitute the entire
understanding between PSI and ACST AR\ on the one hand, and Logisys and the City, on the
other hand, with respect to the matters set forth in this Agreement. All prior understandings and
agreements, whether oral or written, express or implied, between PSI and ACST AR, on the one
hand, and the City and Logisys on the other hand, are hereby superseded and of no further force
and effect. This paragraph shall have no effect with respect to the relationship of the City and
Logisys, which relationship is further documented within the Assigned Agreements, as amended
by the Contract Amendment. This Agreement in no way affects the obligations of PSI to
ACSTAR or ACSTAR's rights against PSI under the Gencral Indemnity Agreement between
such parties.
11. Disputes. In the event of any dispute with respect to the terms and
conditions of this Agreement, the prevailing party or parties in any such action, arbitration or
mediation shall be entitled, in addition to any othcr award granted by the court, mediator, or
arbitrator, to all of its costs and expenses associated therewith, including without limitation its
reasonably attorneys' and legal assistants1 fees and costs, expended or incurred in connection
therewith, whether in preparation thereof, or in mediation, arbitration, trial, appellate or
bankruptcy proceedings. The terms and conditions of this Agreement shaH be construed in
accordance with, and governed by the laws of the State of Florida. Venue for any litigation,
arbitration or mediation arising with respect to this Agreement shall lie exclusively within the
courts located in Pine lIas County, Florida.
12. Survival. All covenants, representations, warranties and indemnifications
provided for herein shall survive the delivery of all sums and documents provided for in this
Agreement, without limitation.
13. Successors and Assigns. The rights and obligations of the parties under
this Agreement shall not be assignable by any party to this Agreement. Subject to the foregoing\
however, the teons and conditions of this Agreement shaH be binding upon all successors and
assigns of the parties hereto and their parent corporations, subsidiary corporations or other
affiliates.
14. No Third Party Beneficiary. This Agreement is intended to benefit the
parties hereto only. No third party shall be benefitted hereby, whether express or implied.
15. Construction. The parties each acknowledge and agree that this
Agreement was a joint effort of the parties hereto and their respective counsel; and, therefore,
this Agreement shall not be construed in favor of any party against another on account of the
drafting or construction hereof.
16. No Waiver. No waiver by any party of any obligation of any other party
set forth in this Agreement shall he deemed to have occurred without a writing signed by the
AO I S004J(2).WPD
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waiving. party, expressly identifying the matter waived. No amendment, modification or
supplement of any obligations, terms or conditions of this Agreement shall be binding or
effective unless in writing signed by all parties affected thereby.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the,
date and year first abovcw\vritten. ' . .
CITY:
THE CITY OF CLEARWATER,
a municipal corporation
By:
Rita Garvey, Mayor
By:
Michael J. Roberto, City Manager
Attest:
Cynthia E. Goudeau, City Clerk
Approved as to fonn and legal
sufficiency:
By:
Pamela K. Akin, City Attorney
WITNESSES:
PSI:
PSIINTERNA TIONALt INC.,
a Massachusetts corporation
Signature of Witness #1 .
By:
Name: Elizabeth Pan
Its: President
TypedIPrinted Name of Witness # 1
Signature of Witness #2
Typed/Printed Name of Witness #2
A01S0043(2).WPD
6
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TypedlPrinted Name of Witness # I
Signature of Witness #2
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Signature of Witness # 1
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TypedIPrinted Name of Witness #1
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Signature of Witness #2
TypedIPrinted Name of Witness #2
Signature of Witness #1
TypedIPrinted Name of Witness #1
Signature of Witness #2
Typed/Printed Name of Witness #2
AO I 50043(2). WPD
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LOGISYS:
LOGISTIC SYSTEMSt INC.,
a Montana corporation
By:
Name: Hien Q. Nguyen
Its: . President/CEO
ACST AR:
ACSTAR INSURANCE COMPANY
By:
Name:
Its:
ESCROW AGENT:
Tew, Zinober, Barnes, Zimmet & Unice
By:
Alan S. Zimmet, Esquire
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7
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STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _ day of ,
1998, by Rita Garvey t as Mayor of the City of Clearwatert a municipal corporation, on behalf of
the corporation. She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
(NOTARY SEAL)
Name of Acknowledger Typed, Printed or Stamped
Notary Public, State of
Notarial Serial Number
STATE OF FLORIDA
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _ day of ,
1998, by Michael J. Roberto) as City Manager of the City of Clearwater, a municipal corporation,
on behalf of the corporation. He is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
(NOTARY SEAL)
Name of Acknowledger Typed, Printed or Stamped
Notary Public, State of
Notarial Serial Number
AD 150043(2). WPD
8
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STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
1998, by Elizabeth Pan, as President of PSI INTERNATIONAL, INC., a Massachusetts
corporationt on behalf of the corporation. She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
(NOTARY SEAL)
Name of Acknowledger Typed, Printed or Stamped
Notary Public, State of
NotarialSerial~urnber
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of ,
1998, by Hien Q. Nguyen, as President/CEO of LOGISTIC SYSTEMS, INC., a Montana
corporation, on behalf of the corporation. He is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
(NOTARY SEAL)
Name of Acknowledger Typed, Printed or Stamped
Notary Public, State of
Notarial Serial Number
AOJ50043(2).WPD
9
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STATE OF
COUNTY OF
"~ .
The foregoing instrument was acknowledged before me this -.:.... day of '
1998, by as of ACSTAR INSURANCE COMPANY, a
Signature of Person Taking Acknowledgment
(NOTARY SEAL)
Name of Acknowledger Typed, Printed or Stamped
Notary Public, State of
Notarial Serial Number
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AOlS0043(2).WPD
10
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EXHIBIT "A"
Clearwater Softwarc Licensing
Items Clcnnvatcr Paid
Backoffice 1
SNA Server I
SOL Server 1
SMS Server I
SMS Server Client 130 uscrs
NT Server 11
NT Server Client 130 users
Exchange Server 1
Exchange Client 130 users
Windows 95 130 users
Office Pro 95 63 users
Exceed 25 users
Virus Scan 200 users
NetShield 200 users
Optivity 200 users
Site Manager 1
Telecom Fax. 50 users
Unix Onteractive and ADO 8
Visio 0
Z-MaiJ 20 users
Rumba I
AO I S004J{2). WPD
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EXHIBIT "B"
l.
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APPROVED STATEMENT
On May 30, 1995~ the City and PSI International entered into a contract for Computer System
and System Integration Services, providing for the installation and integration of a police
computer system including operating system softwaret application software, computer hardware,
wired and wireless networking products and services. As the system integrator, PSl was
providing core application modules developed by another company.
After installing the computer-aided dispatch software and the hardware, software and wide area
network in the Clearwater Police Department, PSI International and the City agreed to assign the
remaining work directly to the software supplier most responsible for the work not yet
completed.
As of
\
(date of assignment),. PSI International is no longer working with
the City of Cleanvater.
AO 1 50043(2). WPD
. 12
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Draft Dated 11/16/98
AMENDMENT TO CONTRACT
FOR COMPUTER SYSTEM AND SYSTEM INTEGRATION SERVICES
THIS AMENDMENT TO CONTRACT FOR. COMPUTER SYSTEM AND
SYSTEM INTEGRATION SERVICES C' Amendmentll) is made and entered into as of, 1998,
by and between CITY OF CLEARWATER, FLORIDA, a municipal corporation (IICity"), and
LOGISTIC SYSTEMS, INC., a Montana corporation C'Logisysll), with reference to the
following facts:
A. The City entered into that certain Contract for Computer System and
System Integration Services, dated May 30. 1995 ("ContractU), with PSI International, Inc., a
Massachusetts corporation ("PSr'), to provide, install and integrate a police computer system
including operating system software, application software, computer hardware, wired and
wireless networking productst and serVIces, consistent with that certain City of Clearwater
Request for Proposal for Computer System and System Integration Services, dated August,
1994, and Addenda thereto (collectiveJy, the uRFpll).
B. As contemplated and required by the Contract, the City, PSI and certain
other parties entered into that certain PSI Hardware Maintenance Agreement C1Hardware
Maintenance Agreementll)t that certain PSI Software Maintenance Agreement C'Software
Maintenance Agreement"), and that certain PSI Software License ("License Agreement"), each
made as of May 30,1995 (collectively, the "Related Agreementsll).
C. Concurrent with this Amendment, the City, Logisys and PSI have
entered into that certain Computer System and System Integration Services Assignment and
Settlement Agreement (IIAssignment Agreementll), pursuant to which PSI is assigning to
Logisys, PSI's remaining rights, entitlements, obligations and liabilities under the Contract and
the Related Agreements.
D. As a condition to Logisys entering into the Assignment Agreement, and
agreeing to the terms thereof, Logisys has requested that the City agree to amend certain terms
and conditions of the Contract and the Related Agreements, and the City is willing to amend
such terms at this time.
NOW, THEREFORE, in consideration of the premises set forth above, and for
other good and valuable consideration I the receipt and adequacy of which are hereby
acknowledged) the parties agree as follows:
2. Recitals; Exhibits: Appendices. The foregoing recitals and all Exhibits
and Appendices attached hereto are true and complete, and are incorporated herein by this
reference.
3. Defined Terms. All capitalized terms not otherwise defined herein shan
have the meanings ascribed to them in the Contract and the Related Agreements, as the case
may be.
4.
specific respects:
Specific Amendments. The Contract is hereby amended in the foHowing
a. The last sentence of paragraph 7 is hereby deleted in its entirety .
A0I501S0(4}.WPD
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Draft Dated 11/16/98
and replaced with the following:
"PSI shall provide all hardware and software
warranty service, and warrants that all software
maintenance charges to the City shan not be
increased in excess of any adjustment in the
Consumer Price Index (1982-84= 100), All Urban
Consumers, U.S. City Average, not to exceed five
percent (5%) in anyone (1) year."
b.
Paragraph 9 is hereby deleted in its entirety and replaced .with the
following:
"Logisys assumes all risk and responsibility for all
costs relating to, without limitation, delivery t
storage, and installation of any equipment to be
provided under this Contract through installation
and delivery to the City unless such equipment is
installed by the City, in which case Logisys's
responsibility will cease upon the City's receipt of
such equipment. However, if during the course of
installation by the City, such equipment is
. damaged as a result of the direct actions of Logisys
or its employees, contractors or representatives,
then Logisys shall be responsible for the damage.
All equipment is to be shipped and delivered FOB
to the City, unloaded and unpacked in a dry secure
area, unless other arrangements are made between
the City and Logisys. No equipment shall be
stored in an unlocked, humid or wet location.
Logisys agrees to bear all risks of loss, injury or
destruction of goods and materials provided by
Logisys or its subcontractors, laborers or
materialmen, as a result of this Contract which
occur up until delivery of the component to the
City at the location specified by the City, and such
loss, injury or destruction will not release Logisys
from any obligation hereunder. "
c. Paragraph 12.2 of the Contract is hereby deleted in its entirety.
d. The third sentence of Paragraph 13 of the Contract is hereby
amended to read as follows: "Application training will be on-site unless otherwise agreed by
the parties. "
e. Paragraph 14 of the Contract is hereby deleted in its entirety and
replaced with Appendix ., A tt attached to this Amendment.
f. Paragraph 20.5 of the Contract is hereby deleted in its entirety.
AOlSOIS0(4).WPD
L'lIlI-'~___.1 ..1 _ _:Za
g. The reference to five (5) years in Paragraph 23.1 of the Contract
is hereby amended to be three (3) years.
h. Paragraph 23.2 of the Contract is hereby deleted in its entirety.
i. The parties acknowledge that Paragraph 23.3 of the Contract has
been completed and fully satisfied, and Logisys shall have no responsibility thereunder.
j. The first sentence of the second paragraph of Paragraph 29 is
hereby amended to provide software maintenance charges for accepted modules shall begin
upon acceptance of the software application module. The annual software maintenance costs
for the first year for each module shall be as defined in Appendix II A" to this Amendment.
k. The parties acknowledge that Paragraphs 31, 32 and 33 of the
Contract have been completed to the satisfaction of the City, and Logisys shall have no
obligations thereunder.
L Paragraph 34.1.2 of the Contract is hereby amended to read as
follows:
"Logisys will provide I at no cost to the City ,
application software upgrades necessitated by new
releases of the operating Systems. Upgrades in the
operating Systems and related hardware will be
provided at costs to be agreed upon by the City
and Logisys at the time. It
m. Paragraph 34.1.4 of the Contract is hereby deleted in its entirety
and replaced with the following:
"Logisys will provide 24-hour hotline telephone technical
software support, including remote dial-in software
service and support, for any installed City software for a
minimum of three (3) years from the date that the installed
software is no longer the most recent software version
release avaHable for installation in the Cityts system. For
example, if the City is currently using Version 2.5,
Logisys agrees to support Version 2.5 for a minimum of
three (3) years after the release of Version 2.6, where
IIVersion 2.61t identifies the next installable fully
functional version release (not counting alpha or beta
releases). After the required three (3) year support
period, Logisys will notify the City in writing a minimum
of six (6) months prior to the date Logisys intends to stop
support of any software version. The City shall not be
required to pay software maintenance payments for any
unsupported software vcrsions. "
n. The City acknowledges that the obligations under Paragraph 35
of the Contract have becn satisfied or arc no longer needed under the revised scope of the
Contract, and Logisys shall have no further obligations thereunder.
AOlSOJSO(4),WPD
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o. Paragraph 37.2.3 of the Contract, regarding "Help Historyll is
hereby deleted in its entirety.
p. With respect to Paragraph 37.3 of the Contract, providing for
client/server routing, the City acknowledges and agrees that certain RMS hardware currently
in place at the City may require an upgrade in order to complete the routing requirements of
the RFP. In addition, as part of the scope of work to be completed by Logisys and the
Contract amount set forth in Appendix "AII attached hereto, Logisys shall provide
approximately 100 concurrent IBM DB2 licenses in order to enable the client/server routing
system.
q. The time period provided in Paragraph 38.4 of the Contract is
increased to fourteen (14) calendar days.
r. Paragraph 39 of the Contract is hereby deleted in its entirety and
replaced with the foHowing:
"Logisys warrants that the Application Software
furnished and installed pursuant to this Agreement
shall perform to their published specifications and
shall be free of program coding errors. Logisys's
obligation under this warranty shall be to remedy
any failure to perform to the published
specifications and to correct program coding errors
at no cost to the City as soon as is reasonably
possible after notification by Customer of such
failure to perform, or coding errors but in no event
later than thirty (30) days from written notice of
the failure. "Mission critical errors" are definf.:d
as those software bugs, errors, and malfunctions
that result in the corruption or loss of data andlor
those bugs, errorst or malfunctions that result in
the inability of the CAD System or any CAD
workstation within the police communications
center to effectively process calls for police service
without any reasonable and immediate work-
around.
"
Logisys shall supply new hardware only. All
hardware shall be supplied with the manufacturer's
warranty. If a particular component carries a
manufacturer's warranty in excess of one year, the
extended warranty will apply.
EXCEPT FOR THE FOREGOING
WARRANTIES, LOGISYS MAKES NO
WARRANTIES, EITHER EXPRESS OR
IMPLIEDt WITH RESPECT TO THE
SERVICES. APPLICATION SOFTW AREt AND
HARDWARE. INCLUDING, BUT NOT
A01S0J50(4).WPD
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LIMITED TO, THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. "
s. Paragraph 42 of the Contract is hereby amended by reducing the
liability amount from $5,000,000.00 to $1 ,600tOOO.OO.
t. The proof of insurance required under Paragraph 43 of the
Contract shall be provided within ten (10) days of the date of the assignment of the Contract to
Logisys.
u. Paragraph 45 of the Contract is hereby amended as follows:
nUpon . receipt of Logisys's written request, the
City, in its sole discretion, may allow 'Logisys
additional time to complete work required under
this Contract; provided, however, the liquidated
damages provision contained in Paragraph 6 will
remain in effect unless otherwise waived In writing
by the City. Logisys must submit the written
request for additional time to the City within 15
calendar days of the commencement of any cause
for delay. n
v. The priority list set forth in Paragraph 62 of the Contract is
hereby deleted in its entirety and replaced with the following:
" 1. Amendment to Contract for Computer
System and System Integration Services and
Computer System and System Integration
Services Assignment and Settlement
Agreement;
2. Contract for Computer System and System
Integration Services;
3. PSI's Response Proposal, as related to
CAD and RMS;
4. The Cityls RFP 210-94;
5. The Software Maintenance Agreement; and
6. The Software License. It
In addition, the second sentence of the last paragraph of Paragraph 62 is hereby deleted and
replaced with the following: nAIl prior or contemporaneous agreements, understandings.
representations, and statements, oral or written, are hereby superceded by this Contract. It
4. Acceptance Dates: Delays. Logisys acknowledges that the
Acceptance Dates set forth on Exhibit n A It to the Contract have passed and have not all been
AOlSO I S0(4).WPD
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fully satisfied. Logisys covenants and agrecs that the Acceptance Date for the CAD system
shall be March 30, 1999, and the Acceptance Date for thc RMS system shall bc no later than
Septembcr 30, 1999, as set forth in Paragraph 5 below. Also, within thirty (30) days from the
date of this Amendment, the City and Logisys shall mutually agree to interim milestone dates
that will be applicable to the completion of the RMS component and the other components
required to be completed by Logisys pursuant to the Contract, as amended hereby. The parties
shaH work in good faith to establish a fair and reasonable schedule taking into account the
delay that has alrcady occurred in completion of the project. Notwithstanding Paragraph 6 of
the Contract to the contrary t in the event that Logisys should fail to timely complete either the
CAD or RMS system by the applicable Acceptance Dates set forth herein or any elements
thereof by the interim milestone dates according to the timeline to be agrecd to by the parties,
then Logisys will be assessed liquidated damages based on the total contract price for the CAD
and/or RMS system, whichever is applicable, calculated at the percentages and at the times set
forth in Paragraph 6 of the Contract. If any interim milestone date or the Acceptance Date for
more than one System is missed, the liquidated damages will be assessed and paid concurrently
as to all Systems so delayed. In no event shall the total liquidated damages for any particular
system exceed the cost of that System. Liquidated damages shall be collected by tIle City in
the form of contract price reductions and shall be deducted as incurred from any outstanding
balances owed by the City. The value of each of the Systems for the purpose of calculating
liquidated damages shall be $427,442.00 for the RMSt and $394,812.00 for the CAD system,
regardless of any partial completion of these Systems or at what point in the timeline that the
delay occurs. The City may t at its sole option, choose additional modules or services in lieu of
cash for payment of the liquidated damages. In accordance with Paragraph 18 of the Contract,
the City shall provide written notice by certified mail to Logisys specifying the missed
deadline, milestone date or Acceptance Date and quantifying the liquidated damages that the
City is entitled to assess on account thereof. In the event that Logisys does not complete the
item specified in the notice within thirty (30) days of the date of Logisys' receipt of such
notice, then the liquidated damages shall be applied retroactively, commencing on the
milestone date or Acceptance Date which was missed and continuing thereafter pursuant to the
other terms of Paragraph 6 of the Contractt as amended by this Paragraph 4. In no event shall
the terms of this Paragraph 4 affect the City's right of termination as set forth in Paragraph 6
of the Contract.
5. RMS and CAD Functional Specifications. The parties
acknowledge and agree that the functional spccifications existing as of the date hereof with
respect to the RMS and CAD systems are somewhat outdated given the extensive period of
time taken to complete such systems, that the RMS system scope must be decreased in
accordance with the City's current needs, and that certain functional specifications regarding
such systems must be clarified in order to provide for the rapid and satisfactory completion
thereof. Further, the parties acknowledge and reaffirm those certain Clearwater RFP Reviews,
one covering RMS and one covering CAD, each dated October 13t 1998, in which the parties
have established preliminary revised functional specifications for each system. The palties
shall use their best efforts, working in good faith, to refine and revise the functional
specifications as set forth in such Clearwater RFP Reviews within thirty (30) days of the date
of this Amendment. In any event, Logisys must continue work with respect to the RMS
system within thirty (30) days of the date of this Amendment, regardless of the status of
developing such refined functional specifications. Based on the finalization of the functional
specifications, a new Acceptance Date shall be developed for completion of the RMS system;
providedt however, that in any event the RMS system must be accepted by September 30,
1999, in accordance with the acceptance procedure set forth in the RFP.
A0I50150{4).WPD
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6. Contract Amount. As of the date of this Amendment, Logisys
acknowledges that the City has paid a substantial portion of the amounts due under the
Contract to PSI on account of work performcd by PSI, and has paid the Assignment Amount to
Logisys pursuant to the Assignment Agreement, on account of work performed by Logisys.
Logisys further acknowledges and agrces that the Assignment Amount represents (a) a payment
of sixty-five percent (65 %) of the outstanding Logisys-providcd CAD system hardware balance
in the amount of $91,151.45, (b) plus a paymcnt of ninety percent (90%) of the cost of an
additional CAD CFSD server purchased by the City from Logisys in the amount of
$15t156.00; (c) plus a payment of sixty-five percent (65%) of the outstanding balance on one
(1) IBM 0-30 computer currently in use as the interim RMS server and one (1) RS6000
originally specified as the "Intel Server" currently used in the CAD system in the amount of
$73t970.65; (d) plus a twenty-five pcrcent (25%) downpayment on eight (8) new RS 6000 375
mhz computers to be purchased from Logisys and installed as a CAD system upgrade in the
amount of $18,300.00; (e) plus $17,202.00 representing a Logisys expense for the
performance bond, for a total Assignment Amount of $215,780.10. Pursuant to the terms of
the Contract, the City will continue to retain ten percent (10%) of all hardware and software
costs until completion of the entire project by Logisys pursuant to the Contract, as amended
hereby. The sixty-five percent (65%) payments made as part of the Assignment Amount on
account of the hardware constitutes the final payment due to be made by the City to Logisys on
account of such hardware, less the 10% retainage being held by the City. In no event shall the
amounts owed by the City to Logisys be increased over and above the remaining balance
existing under the Contract of $576,174.oot after payment of the Assignment Amount and
assignment of the message switch component pursuant to Paragraph 8 hereof. In the event that
the City requires any additional hardware not otherwise contemplated under the Contract, as
amended hereby, then the amounts of such items shall be handled as change orders to the
Contract amount. The cost of any such hardware shall be in addition to any other costs
contemplated under the Contract, but shall be paid in increments in accordance with the terms
of the Contract, including without limitation a twenty-five percent (25 %) downpaymcnt upon
final agreement of the purchase of such hardware, an additional sixty-five percent (65%) upon
completion of installation and successful and complete integration of such hardware, with the
final ten percent (10%) retainage to be held by the City until completion of the entire System
under the Contract, as amended hereby.
7. Message Switch. The City hereby acknowledges and agrees that
Public Safety Technologies, Inc., a Virginia corporation (tlPSTlI), has been responsible to PSI
for the design, development, installation and completion of the message switch function within
the System. Consequently, concurrent with execution of this Amendment by the parties
hereto, Logisys shall partially assign the Contract by assigning all of its obligations pursuant to
Paragraph 37.4 of the Contract to PST with the consent and approval of the City. Upon the
assignment of the message switch component, Logisys shall be relieved from any further
obligation under the Contract, as amended hereby, with respect to the message switch, except
for providing services to the City as necessary, appropriate and contemplated under the
Contract to provide for the interface of the message switch system with the CAD system,
including, without limitation, the digital dispatch component thereof. Logisys acknowledges
and agrees that such interface component is included within the scope of work expected to be
completed by Logisys pursuant to the Contract and shall not constitute an additional item
requiring a change order or increase in the balance of the Contract amount to be paid to
Logisys. The assignment document to be entered into by Logisys with PST shall be prepared
by and in form and substance acceptable to the City, at the City's sole cost and expense.
8.
Software Agreements. Pursuant to the Assignment Agreement,
A0l501S0(4).WPD
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PSI is assigning to Logisys the Softwarc Maintcnance Agrcement and the Software Licensc.
Logisys and the City hereby acknowledge and agree that the obligations of Logisys under the
Software Maintenance Agreement shall be limited to the maintenance of those hardware and
software components provided by Logisys. Logisys will not be responsible for the
maintenance of any standard personal desktop computers currently being used by the City or
any mobile hardware or software used or purchased by the City, except to tile extent of any
interfacing required by such systems with the CAD system, the RMS system and any other
System components provided by Logisys. In addition, the last sentence of Paragraph 6.9 of
the Software Maintenance Agreement is hereby delcted, and the limitation of liability set forth
in Paragraph 8 thereof is reduced from $5,000,000.00 to $1 t600,OOO.OO. Pursuant to the
terms of the Software Maintenance Agreement, Logisys and the City shall mutually
acknowledge in writing the date or dates on which any software subject to maintenance
responsibilities thereunder is fully deHvered, installed, accepted and operational. and the
resulting term of the responsibilities of Logisys pursuant to such agreement. The annual
charge for the maintenance services to be provided by Logisys under the Software Maintenance
Agreement shall be $35,532.00. In addition to the services provided in the Software
Maintenance Agreement, the maintenance program shall include the following benefits at no
additional charge:
a. Correction of any defect in the manuals, fonns or programs;
b. Updates of user guides as required to insure their continued
usefulness;
c. To]]~free assistance by telephone or by emait regarding the use
and operation of the systemt seven days per week, twenty-four
(24) hours per day for CAD and Monday through Friday except
holidays, 6 am to 6 pm (MST) for RMS;
d. Upgrades to the Application Software. For the purpose of this
paragraph, the tenn "upgrades1t shall mean any expansions,
modifications~ or improvements to the Application Software and
which are not regularly charged for by Logisys to other clients as
options. In the cvent that additional services are required, these
services will be charged to the City at Logisyst then current
standard time and material costs. Additional hardware required
resulting from software upgrades is the responsibility of the City.
These upgrades will insure that the City's version of the
Application Software be identical to the most current version .
available to Logisys' new clients.
In connection with the assignment by Logisys to PST of the message switch component,
Logisys shall also partially assign to PST its obligations under the Software Maintenance
Agreement and the Software License, resulting in PST being solely responsible for the
maintenance and licensing of the message switch component of the System.
9. Performance and Payment Bonds. Logisys hereby acknowledges
and agrees that, pursuant to the Assignment Agreement, the City has released the existing
payment and performance bonds previously obtained by PSI with respect to the completion of
the System pursuant to the tenns of the Contract. As a material condition to the City's
agreement to consent to the assignment by PSI to Logisys of the completion of the Systemt
Logisys shall obtain and provide to the City payment and performance bonds each in the
amount of $800,000.00, which amount the parties acknowledge and agree is a reasonable
estimate of the amount required to complete the remaining obligations of Logisys under the
A0150150(4).WPD
8
Contract, as amended hereby and as anticipated to be modified by future change orders. Such
bonds shall be issued by bonding companies licensed to conduct business in the State of Florida
and otherwise reasonably acceptable to the City, with bonds in form and substance reasonably
acceptable to the City and otherwise in compliance with the requirements of the RFP. Such
bonds shall each be for a term commencing with the full execution of this Amendment and
expiring on the date which is one (1) year after acceptance by the City of all components of the
System required to be provided under the Contract, as amended hereby, pursuant to the
procedure set forth in the RFP. Such bonds shall be provided at the sole cost and expense of
Logisys. Logisys will not be obligated to provide for the completion of the message switch
system within the scope of the bond provided by Logisys, such obligation to be satisfied by
PST pursuant to the assignment by Logisys to PST of the Contract with respect to the message
switch component. Concurrent with Logisyst execution hereof, Logisys shall provide to the
City written evidence reasonably satisfactory to the City of the bonding company's
commitment to issue the bonds, and the bonds shall be issued within seven (7) days of the full
execution hereof.
10. Cooperation with Logisys' Customers. As partial consideration
for Logisys accepting the obligations and responsibilities provided for in the Assigned Contract
as modified by this Amendment, the City agrees to al10w site visits by potential Logisys
customers to assist Logisys in marketing its services and systems. Such site visits shall be
limited to nonnal business hours of the City and shall be subject to at least 48 prior notice to
an authorized and designated representative of the City before any site visits shall take place.
Such site visits shall be limited to areas designated by the City t and Logisys shall not show t
display, discuss or reveal any confidential information of the City maintained in connection
with the City's law enforcement functions.
11. Further Assurances. The parties hereby mutually covenant and
agree to use their good faith and best efforts in satisfying their respective obligations under this
Amendment and otherwise providing for completion of the System pursuant to the terms of the
Contract as identified by this Amendment. In that regard t the parties agree to each provide
such further additional information, documents, and agreements as may be necessary to fully
complete the System as contemplated by the Contract, as amended hereby t and fulIy satisfY
their respective obligations under tile Contractt as amended hereby.
12. Prime Contractor. Logisys acknowledges and agrees that Logisys
will be considered the prime contractor under the Contract, subject to the terms of this
Amendment. Logisys shall have the right, subject to the preexisting terms of the Contract, to
engage such subcontractors as Logisys deems appropriate and necessary in order to complete
the System. The City acknowledges and agrees that PST shall not be considered a
subcontractor of Logisys, upon partial assignment of the Contract by Logisys to PST, and that
the City shall be in direct privity of contract with PST. Except as provided by PST or any
other contractors with whom the City enters into direct contractual relationships for completion
of aspects of the System eliminated from Logisyst scope of work, payment of all
subcontractors shaH be the responsibility of Logisys pursuant to the terms of the Contract. In
recognition of the assignment by PSI to Logisys, and the change in status of Logisys from a
subcontractor of PSI to the prime contractor of the City, Logisys hereby acknowledges and
agrees that any existing subcontract agreement between Logisys and PSI is of no further force
or effect. Logisys hereby releases~ rcmises and acquits the City from any and all liability t
claims, actions, obligations, costs and expenses that may havc existed under such subcontract,
including any and all claims for consequential, liquidated, delay or other damages at law or in
equity. Logisys acknowledges and agrees tJlat the only obligations of the City to ~gisys shall
AOIS01SO(4).WPD
9
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be as set forth iri the Contract, with respect. to Logisys as the prime contractor thereunder t as
. amended by the terms of this Agreement. The foregoing relcase shall survive any tcrmination.
of theContract~ as amended by this Amendment~ and any, subsequent amendments of the
Contract. . .
~c I
. 13. Effect of Amendment. Except as expressly amended and
supplemented by this Amcndment, all terms and conditions of the Contract, the Related
Agreements, and the RFP shall rcmain in full force and effect and shall be applicablc to
Logisys to the full extent as if Logisys wcre PSI under such documents. This Amendment
shall be effective upon full execution by Logisys and the City and the full execution of the
Assign,n:tent Agreement and completion of all transacti~ns contemplated thereunder.
j "' .
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A0150150(4). WPD
10
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IN WITNESS WHEREOF, the parties have executed this Amendment as of the
date and year first above-written. .
CITY:
THE CITY OF CLEARW A TERt
a municipaJ corporation
By:
Attest:
Cynthia G. Goudeau, City Clerk
Approved as to form and legal
su fficiency:
Rita Garvey I Mayor
By:
Michael J. Roberto, City Manager
By:
Pamela K. Akin, City Attorney
Signature of Witness #1
LOGISYS:
LOGISTIC SYSTEMS, INC..,
a Montana corporation
Typed/Printed Namp. of Witness #1
By:
Name: Hien Q. Nguyen
Its: President/CEO
Signature of Witness #2
Typed/Printed Name of Witness #2
STATE OF FLORIDA
COUNTY OF
I
I
The foregoing instrument was acknowledged before me this day of
I 1998, by Rita Garvey, as Mayor of the City of Clearwater:-a municipal
corporation, on behalf of the corporation. She is personally known to me or has produced
(type of identification) as identification.
Signature of Person Taking Acknowledgment
Name of Acknowledger Typedt Printed or
Stamped
(NOTARY SEAL)
Notary Public, State of
Notarial Serial Number
AOlSOl.50(4).WPD
11
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STATE OF FLORIDA
COUNTY OF
, .
The foregoing instrument was acknowledged before me this day of
, , 1998, by Michael J. Roberto, as City Manager of the City ofCIearwatert a
municipal corporation. on behalf of the corporation. He is personally known to me or has
produced (type of identification) as identification.
Signature of Person Taking Acknowledgment
Stamped
(NOTARY SEAL)
Name of Acknowledger Typed, Printed or
Notary Public, State of
Notarial Serial Number
STATE OF
COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 1998, by Hien Q. Nguyen, as President/CEO of Logistic Systems, Incq a
Montana corporation, on behalf of the corporation. He is personally known to me or has
produced (type of identification) as
identification.
Signature of Person Taking Acknowledgment
Stamped
(NOTARY SEAL)
Name of Acknowledger Typed, Printed or
Notary Public, State of
Notarial Serial Number
A01501S0(4).WPD
12
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. ClealWster Project
11/13198 10:27 AM
Logisys Amendment.. Appendix A
SCOp~. OF WORK AND COST SUMMARY
Proposal
CAD:
Hardware Original Total
Less PSI-provided HW
Delete IBM Protocol Adapter
Logisys-Provided Hardware Total
Less 25% down payment
$261,727.00
-$116,984.00
-$4,600.00
$140,143.00
.' -$35,035.75
CAD Hardware Upgrade (RS6000 375 mhz)
CFSD Server
$85,210.00
$16,840.00
$207,157.25
Software
Less 25% down payment
$137,685.00
-$34,421.25
. $103,263.75
, .
. Install Version 2.10
Install Version 2.11
Mobile Interface
Interface to Mobile Vendor's Message Switch
.. Queries to State/NCIC
SHent Dispatch
Status Updates
Emergency Signaling.
Freeform Text Message between CAD and MDCs
Canned Messages
CFS Recall from MDC
Unit Summary Request
CFS Summary for Subset of Calls
Officer-lnitiatedfTraffic Stop
Add Comment to CFS
Unit Clear Self from Call
!I
LogIstic Systems, Inc.
Log/SYS Cost Proposal PAGE: 1
--LL
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Clearwater Project
11/13/98.10:27 AM
I
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NOTE: The MDC Interface will be a subset of
the above line Items, pending functional review
and functional specification document describing
the exact Interface to be Installed. How functions
appear on .the MDC .or whether they appear depends
, on tho MD.C and message switch functionality. '
CAD TOTAL
$310,421.00
CAD SOFTWARE PAYMENTS
Payment for CAD software shall be made according to the following deliverable milestones;
payment is contingent upon acceptance of the applicable software version to Include the functionality
as defined in the functional specification document.
,.,
" .'
Acceptance of software version 2.10
Accepta~ce of software version 2.11
Acceptance of Mobile Digital Dispatch Interface
. Final Project Acceptance Payment (1 0% of total)
Total CAD Software Cost
$ 55,937.75
$ 151000.00
$ 22,000.00
$ 10,326.00
$ 103,263.75
ACCEPTANCE DATE FOR VERSION 2.10 CAD WITH
RS6000 HARDWARE UPGRADE: MARCH 30, 1999
. LogIstic Systems, Inc.
I
LoglSYS Cost Proposal PAGE: 2
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ClearWater Project
11/13/98 10:27 AM
RMS:
. Hardware $245,442.00
Less 25% downpayment -$61,360.50 $184,081.50
Software $219,000.00
Less 25% downpayment -$54,750.00 $164,250.00
"
DataTrak Law Enforcement Records Management System
Base RMS
Calls for Service
Case ManagementIWorkflow Management
."fo Do List Messaging and Notifications
Supervisor Assign and Re-Assign Duties and Cases
Case Reports
Supplemental Case Reports
Address Validation
Statistics and Reports
Ad Hoc Report Writer
Management Reporting (5 reports standard)
Utilities
Field Maintenance
User Security
Case Property
Master Name
Field Interview
Citations (includes two citations)
Accident Management
State Accident Report
UCR Reports
Master Location
CAD Map Geofile Radius Search
Property Room Management (Master Property)
Permit
Pawn Ticket
False Alarm
GISMO Crime Analysis
Loglstic Systems, Ino.
Log;SYS Cost Proposal PAGE: 3
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Clearwater Project
11/13/98 10:27 AM
Thematic Pin Mapping
Points, Lines and Polygons (e.g. incidents by streets, beats, etc.)
RMS TOTAL
$348,331.50
RMS SOFTWARE PAYMENTS
Payment for RMS software shall be made according to the following deliverable milestones;
payment is contingent upon acceptance of the applicable software version to include the functionality
as defined In the functional specification document.
Acceptance of Base RMS
Acceptance of Master Location Module
Acceptance of Property and Evidence Module
Acceptance of Permit Module
Acceptance of Pawn Ticket Module
Acceptance of False Alarm Module
Final Project Acceptance Payment (10% of total)
Total RMS Software Cost
$ ,87,825.00
$ 25,000.00
$ 5,000.00
$ 10,000.00
$ 10,000.00
$ 10,000.00
$ 16,425.00
$ 164,250.00
ACCEPTANCE DATE FOR RMS: SEPTEMBER 30,1999
Additional Charges:
Equipment/Software Installation
Install RMS Server and 15 Clients
$9,500.00
Training
Application Training for 10 Trainers (20 hours each)
Client Installation Training
RMS System Administration Trainir~g
Project Management
Functional Specifications Document (FSD)
Statement of Work (SOW)
Database Definitions
Maintenance Procedures
Data Gathering/Analysis
Monthly Progress Reports and Meetings
Supervision and Administration
0051 Document Imaging Interface
$12,500.00
$35,000.00
$15,000.00
Logistic Systems, Inc.
LogiSYS Cost Proposal PAGE: 4
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C/~arwater Project
Link Document to Case
Project M~nagement for Document Imaging System
TOTAL Additional Charges
'TOTAL
Travel (not to exceed)
Performance Bond Cost (LogiSYS) .
. GRANO.TOTAL
Annual Software Maintenance
CAD
RMS
Interfaces
Reverse AU
TOTAL ANNUAL SOFTWARE MAINTENANCE
Logistlc Systems, Inc.
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$12,000.00
$9,912.00
$12,600.00
$8,680.00
$4,340.00
'11/13198 10:27 AM
$84,000.00
$742,752.50
$32;000.00
$17,202.00
$
791,954.50
. $35,532.00
LogiSYS Cost Proposal PAGE: 5
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MESSAGE SWITCH SYSTEM AGREEMENT
THIS MESSAGE SWITCH SYSTEM AGREEMENT C Agreement") is made
and entered into as oft 1998, by and between CITY OF CLEARWATER, FLORIDA, a
municipal corporation ("City"), and PUBLIC SAFETY TECHNOLOGY, INCq a Virginia
corporation ("PSTU), with reference to the following facts:
A. Pursuant to that certain Partial Assignment of Contract, of even date
herewitht by and between Logistic Systemst Inc. I a Montana corporation, and PST ("Logisys
Assignment")t PST has assumed the obligations for completion of the message switch system
and related obligations under that certain Contract for Computer System and System
Integration Servicest dated May 30, 1995 ("ContractU), between PSI International, Inc., a
Massachusetts corporationt and the City, as assigned by that certain Clearwater Computer
System Assignment and Settlement Agreement ("PSI Assignment"), and amended by that
certain Amendment to Contract for Computer System and System Integration Services
("Logisys Amendmenttl)t each made concurrent herewith. The Contract, as assigned by the
PSI Assignment and amended by the Logisys Amendment is collectively referred to herein as
the "Amended Contract. "
B. The City and. PST desire to clarify certain terms and conditions
associated with the performanr:e by PST of its assumed obligations.
NOW I THEREFORE, in consideration of the premises set forth above, and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
1. Recitals: Exhibits. The foregoing recitals and all Exhibits attached
hereto are true and complete, and are incorporated herein by this reference.
2. Scope of Work. Attached hereto as Exhibit "A" is a description of the
. tasks to be performed and implemented by PST for the City with respect to the message switch
system. The City hereby acknowledges that Tasks I and V as set forth in Exhibit uA" have
been completed and are hercby satisfied. PST shall complete Tasks II, III and VI within sixty
(60) days of written request therefor by the City. Task IV shall be completed in conjunction
with the completion by Logisys of the CAD system, but in all events within thirty (30) days of
the completion by Logisys thereof.
3. Bonds. PST shall not be required to obtain any performance or payment
bonds otherwise required under the terms of the Amended Contract.
4. Contract Amount. The maximum cost for each of the Tasks shall be as
set forth on Exhibit t1 A", with the total maximum cost for all Tasks to be performed in
connection with the message switch system to be $70,000.00. The City shall pay PST in full
for each Task, in such amount as invoiced by PST to the City up to the maximum set forth on
Exhibit .. A II t upon completion and acceptance of such Task by the City in accordance with the
terms of the RFP.
5. Site License. In consideration of the payment by the City for Tasks I
and V I PST shall extend to the City a site license providing for unlimited users of the message
switch system. There will be no additional charges to the City on a per license basis for users
of the mcssage switch system.
6. Warranty. PST shall fully warrant all software and programming
provided to the City pursuant to this Assignment for a period of one (1) year from acceptance
of each such software and program component by the City in accordance with the terms of the
RFP. Such warranty shall include on-site maintenance, as necessary, to insure the full and
error-free operation of the software and programming provided by PST. The software and
programming provided by PST shall be warranted to perform in accordance with the criteria
set forth in Appendix K of the RFP. In the event that any defect occurs in the warranted items,
then the City shall notify PST in writing, and PST shall remedy the problem within thirty (30)
days of receipt of such written notice. Following the expiration of the one (1) year warranty
period. PST shall make available to the City, at the City's election, an extended warranty for
fifteen percent (15 %) of the Contract amount set forth in Paragraph 6 of this Agreement, or
support on a time and materials basis at PST's then prevailing billing rate.
7. Related Agreements. PST acknowledges its obligations as to the
message switch system under the PSI Software Maintenance Agreement and PSI Software
License, each made as of May 30, 1995, and assigned by PSI to Logisys by the PSI
Assignment, and further assigned by Logisys to PST pursuant to the Logisys Assignment.
With respect to the Software Maintenance Agreement, the annual charge to be paid by the City
to PST pursuant to Paragraph 5 thereof shall be $9.750.00, with no maintenance charges being
charged for the first year following acceptance of the message switch system by the City. The
City shall also have the option of not implementing a software maintenance agreement with
PST, and, at the City's sole option. purchasing support from PST on a time and materials basis
at the prevailing billing ratet currently $125.00 per hour plus expenses.
8. Defined Terms: Conflict. All capitalized terms not otherwise defmed
herein shall have the meanings ascribed to them first in the Logisys Assigmnentt and then in
the Amended Contract. In the event of any conflict between this Agreement. the Logisys
Assignment, the Amended Contract, and the Related Agreements. this Agreement shall control
first, followed by the Logisys Assignment, and then followed by the Amended Contract and
the conflict terms set forth therein.
9. Effect of Agreement. Except as expressly amended and supplemented by
this Agreement, all terms and conditions of the Amended Contract, the Related Agreements,
and the RFP shall remain in full force and effect and shall be applicable to PST to the full
extent as if PST were PSI under such documents with respect to the message switch system.
This Agreement shall be effective upon full execution by PST and the City and the full
execution of the PSI Assignment. the Logisys Assignment, and the Logisys Amendment, and
completion of all transactions contemplated thereunder.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the
day and year first above-written.
CITY:
THE CITY OF CLEARWATER,
a municipal corporation
By:
Rita Garvey t Mayor
By:
Michael J. Robertot City Manager
Attest:
Cynthia G. Goudeau, City Clerk
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Signature of Witness #2
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PUBLIC SAFETY TECHNOLOGY, INC.,
a Virginia corporation
By:
Name:
Its: '
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EXHIBIT II A II
Task I. Implementation of Mobile Inquiry & Car-to-Car Messaging.
, PST will install a Log On/Log Ofr module on the existing Message Switch. This
capability wiU allow mobj]e units with the RADCOM CHent software to perform
inquiries of FCIC II fonnat. In addition the units will be. able to send and receive
messages to & from each other.
The Log-On module will include a personnel table used for the storage of personnel
data such as passwords and FCIC required social security numbers. The City of
. Clearwater will be responsible for the initial population and maintenance of this table.
Cost $15,000
Task II.
Transaction Logging.
A transaction logging module will be developed which will allow for the logging of any
or all messages passing through the Message Switch.
A simple Visual Basic program wiH be provided to allow for simple searches of the
logging database. .
The transaction log will be maintained in a Microsoft SQL database. The City will
provide the SQL Server software and required disk storage.
Cost $15,000
Task III.
pcns Interface.
PST will implement an interface to the Pinellas County Justice Information Systemt
pcns, via the Message Switch. The Message Switch will communicate with the pcns
system using LU6.2 protocol via a City provided Microsoft SNA Gateway. Proper
configuration of the SNA gateway will be the responsibility of the City.
Cost $15,000
Task IV.
Mobile/CAD Integration.
PST will integrate the mobiles equipped with RADCOM to the Departmentts Logistic
Systems CAD. This integration, via the Message Switch will be based upon an
approved Functional System Design document, developed and prepared by PST and
Logistic Systems, Inc. and subject to the approval of the City of Clearwater.
Cost $12,500
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Task V;
TCP/IP Protocol Support
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Enhance the RADCOM base software to allow connection of mobile clients via TCP/IP
protocol in addition to the Ericsson EDAC interface. This will allow the RADCOM
. mobile client to be run on any computer connected to the City backbone LAN. This
option is a perquisite for support of RADCOM mobile clients via a cellular CDPD
connection.
. Task VI.
Cost
, FCIC II Conversion
$7 t500
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Modify the new message switch to be compatible with FCIC I to immediately support
the mobile RADCOM software; then convert the same message switch back to FCIC II
formats when the State of Florida implements FCIC;: II.
Cost
$3t500
$68,500
TOTAL COST for all Tasks:
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PARTIAL ASSIGNMENT OF CONTRACT
THIS PARTIAL ASSIGNMENT OF CONTRACT C' Assignmentll) is made and
entered into as of, 1998, by and between LOGISTIC SYSTEMS, INC., a Montana corporation
C'Logisysll), and PUBLIC SAFETY TECHNOLOGY, INC., a Virginia corporation (IIPSTII),
and is consented to by CITY OF CLEARWATER, FLORIDA, a mumcipal corporation
C'Cityll), with reference to the following facts:
A. The City is a party to that certain Contract for Computer System and
System Integration Services, dated May 30, 1995 ("Contractll), with PSI Internationalt Inc., a
Massachusetts corporation (UPSI"). to provide. install and integrate a police computer system
consistent with that certain City of Clearwater Request for Proposal for Computer System and
System Integration Servicest dated August, 1994, and Addenda thereto (collectively, the
"RFP").
B. Concurrent herewith, PSI has assigned the Contract to Logisys pursuant
to that certain Clearwater Computer System Assignment and Settlement Agrcement (IIPSI
AssignmentU), to complete the scope of work requircd by the Contract, and Logisys and the
City have entered into that certain Amendment to Contract for Computer System and System
Integration Services (ULogisys AmendmentU), clarifying the remaining obligations of Logisys
under the Contract. The Contract as amended by the Logisys Amendment is referred to as the
"Amended Contract. 11
C. In addition, pursuant to the terms of the PSI Assigrunent and the Logisys
Anlendment, that certain PSI Software Maintenance Agreement and PSI Software License,
each made as of May 30, 1995, have been assigned by PSI to Logisys (collectivelYt the
IIRelated Agreements II).
D. Pursuant to the terms of the Logisys Amendment, Logisys has agreed to
assign to PST the remaining obligations under Paragraph 37.4 of the Amended Contract for
completion of the message switch system, and aU other related obligations under the Amended
Contract and the Related Agreements to the extent associated with the message switch system.
PST desires to assume the obligations of Logisys under the Amended Contract with respect to
the message switch system. and the City is willing to consent to such assignment.
NOW, THEREFORE, in consideration of the premises set forth above, and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties agree as follows:
1. Recitals: Exhibits. The foregoing recitals and all Exhibits attached
hereto are true and complete, and are incorporated herein by this reference.
2. Defined Terms. All capitalized terms not otherwise defined herein shall
have the meanings ascribed to them in the Amended Contract and the Related Agreementst as
the case may be.
3. Assignment: Assumption. Logisys hereby assigns to PST, and PST
hereby assumes aU obligations associated with the installation and completion of the message
switch system pursuant to Paragraph 37.4 of the Amended Contract and the Related
Agreements to the extent applicable to the message switch system. By the City's consent to
this Assignment, Logisys is hereby relieved from any and all obligation associated with the
message switch system and the obligations under Paragraph 37.4 of the Amended Contract and
the Related Agreements to the extent applicable to the message switch system.
AD 1 S0694{2).WPD
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IN WITNESS WHEREOF, the parties have executed this Assignment as of the
day and year first above-written. ,
WITNESSES:
LOGISYS:
LOGISTIC SYSTEMS. INC.,
a Montana corporation
Signature of Witness #1
By:
Name: Nien Q. Nguyen
Its: President/CEO
Typed/Printed Name of Witness #1
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Signature of Witness #2
Typed/Printed Name of Witness #2
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PST:
PUBLIC SAFETY TECHNOLOGY. INC.,
a Virginia corporation.
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Signature of Witness #1
.By:
. Name:
Its:
Typed/Printed Name of Witness #1
Signature of Witness #2
. Typed/Printed Name of Witness #2
AOI50694(2). WPD
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Consented to by:
CITY: .
CITY OF CLEARWATER, FLORIDA
a . municipal corporation
By:
Rita Garvey t Mayor
By:
Michael J. Roberto, City Manager
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Clearwater City Commission
Agenda Cover Memorandum
Work Session Item #:
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Final Agenda Item #
Meeting Date:
SUBJECT/RECOMMENDA TION:
Approve an agreement with the Florida Department of Business and Professional Regulation
Division of Alcoholic Beverages and Tobacco (OABT) to provide additional police overtime for the
implementation of the School Proximity Tobacco Enforcement Program over a 6-month period
beginning sometime in January 1999 in exchange for up to $27,646.10 in state funding
00 and that the approprlat'i! officials be authorized to execute same.
SUMMARY:
· The settlement between the State of Florida and several major tobacco companies has resulted
in the creation of the Tobacco Pilot Program. The goal of the Tobacco Pilot Program is to reduce
the availability of tobacco products to youth and to enforce the laws regarding possession of
tobacco by underage persons. To achieve these goalsJ the tobacco settlement has made specific
funds available for increased enforcement activities. The School Proximity Tobacco Enforcement
Program is one program funded by the settlement.
. The School Proximity Tobacco Enforcement Program will fund the cost of police officers working
overtime. including benefit costs. to enforce laws related to smoking and possession of tobacco
products by persons under 18 years of age. Enforcement activities will be conducted within close
proximity of assigned schools and places where youth congregate, such as shopping malls.
. Due to funding constraints, DABT is unable to enter into any new agreements for this program
until after January 1, 1999. Therefore, the agreement will be fully executed sometime after
January 1, 1999, and will end no later than 6 months from the date of execution and not beyond
June 3D, 1999.
. Services will be reimbursed monthly by DABT based on an estimated cost per work unit of
$390.55. This amount includes overtime, benefits, supervisory and administrative costs per work
unit and is based on an averaged hourly officer/sergeant overtime rate, not the actual cost of the
officers working the overtime. A work unit is defined as two police officers working 4 hours of
enforcement and 1 hour of preparation/report writing time for a total of 10 hours. An additional
$307.60 has been budgeted for training. Clearwater has agreed to conduct a total of 70 work
units during the 6 month period for a total contract cost of $27.646.10.
. The total amount to be reimbursed by DABT cannot exceed $27,646.10. In the unlikely event that
actual costs exceed $27,646.101 those costs will be funded by the police department's operating
budget.
. All costs and reimbursement payments will be charged to Special Project Number 181 ~99343.
RevJewed by:
Legal ~
Budget
PurchasIng n a
Origin ng Dept: Costs
Info Srvc nla Polle Total $27,646.10
Public Works nla User Funding Source:
DCM/ACM Poll Current $27,646.10 CI
FY
Risk Mgmt
Submitted by: fV\ "'- Q
City Manager ..J
Agreement available in
Q None Clerk Dept.
OP
other state
State Funding from Tobacco Pilot Program
A re rlaUen Code: 181-99343
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DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
DIVISION OF ALCOHOLlC BEVERAGES AND TOBACCO AND
CITY OF CLEAR~~ATER. FLORIDA
CONTRACT FOR TOBACCO ENFORCEMENT (SCHOOL PROXIMITY)
CONTRACT NUMBER .
The Department of Business and Professional Regulation, Division of
Alcoholic Beverages and Tobacco (UDABT") is concerned about the availability of
tobacco products to underage persons. In an effort to reduce this availability, DABT
seeks to increase tobacco enforcement activities.
PARTIES: This contract is made and entered into by and between DAST and
CITY OF CLEARWATER, FLORIDA , hereinafter referred to as the
CONTRACTOR, to conduct School Proximity Tobacco Enforcement (USPTEIt)
investigations as more fully described below. This contract is exclusive and
personal and may not be assigned by the CONTRACTOR in whole or in part.
PROGRAM: $chool proximity Tpbacco Enforcement: The SPTE
Program prOVides for both compliance investigations of retail vendors of tobacco
products and tobacco poss~ssion enforcement in close proximity to public and
private schools. This program seeks to create a tobacco influence free zone around
schools. The compliance investigations will be performed within close proximity of
assigned schools and places where youth congregate, utilizing an underage
operative to make controlled purchases of tobacco .products. Clerks selling tobacco
products to underage persons will be charged criminally. Stores where such
violations occur will have their tobacco permits subject to administrative
proceedings.
Tobacco possession investigations will be conducted within close proximity
of the assigned schools and places where youth congregate. An underage person
found to be in possession of tobacco products will be issued a civil citation for the
offense. The SPTE Program is more fully discussed and explained in the Statement
of Work attached as an Addendum to this contract.
CONTRACT TERM AND CONSIDERATION: Contractual services may begin
upon the date of full execution of this contract by DABT and the CONTRACTOR, and
contractual services shall end no later than six months thereafter. CONTRACTOR
will not be paid for any work completed before the full execution of the contract by
CONTRACTOR and CAST. and neither this contract nor a renewal thereof shall
extend beyond June 30, 1999.
Each investigation conducted pursuant to this contract wm be called a "Unit"
of work and each Unit shall consist of ten (10) man-hours. Of the ten man-hours
included in each Unit, eight hours (four for each officer) shall be dedicated to on-site
6/23/98 - FINAL
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investigation. and two hours (one for each officer) shall be allowed for preparation.
travel. and report writing. For each Unit the total consideration shall include the
overtime rate for officers multiplied by ten. plus one hour of supervisory overtime,
each of which is established in the attached Affidavit of Costs. As stated in the
Affidavit of Costs. these overtime rates are inclusive of benefits, payroll taxes and
other mandatory payroll deductions. Other administrative costs will be considered
for reimbursement, but will only be paid pursuant to a detailed invoice. Other fixed
costs, such as for training. supplies and evidence shall be set forth separately on
the Cost Summary and will be reimbursed if supported by appropriate
documentation.
The consideration per Unit for this contract will be $345.25 (overtime rate
times ten, plus one hour of supervisory overtime). The total consideration for the
contract will also include any other fixed costs as set forth in the Cost Summary and
supported by appropriate documentation.
The total number of SPTE investigations (Units) to be conducted pursuant to
this contract shall be 70
SPECIAL PROVISIONS
1. ADVERTISING / MEDIA INFORMA liON: The CONTRACTOR agrees to
prior coordination with DA8T of any advertising or media contact
2. PROPRIETARY INTEREST: Anything, by whatsoever designation it may
be known. that is produced. created. reviewed, developed. or implemented in
connection with this contract shall remain the exclusive property of CABT and may
not be copyrighted. patented. trademarked or otherwise restricted pursuant to state
or federal law or regulation. Neither the CONTRACTOR nor any other organization
or individual employed under this contract shall have any proprietary interest in any
product, system or program produced. created, reviewed, developed, implemented,
or delivered pursuant to this contract.
3. SERVICES: The CONTRACTOR shall perform and render as an
independent contractor and not as an agent, representative, or employee of DABT.
all the services described herein in a proper and satisfactory manner as determined
by DABT in its reasonable sole discretion.
4. CONTRACT REQUIREMENTS: The CONTRACTOR is required to
perform SPTE Investigations which are to include: 1) retail compliance
investigations utilizing underage operatives and/or 2) enforcement of statutes
regarding possession of tobacco products by underage persons within
approximately one half mile of a public or private school or in other areas where
youth congregate. The Statement of Work attached as an Addendum to this contract
more fully and completely sets forth the overview and specifics relating to the SPTE
6/23/98 - FINAL
2
Program.
5. . COSTS AND EXPENSES: Any law enforcement agency which
furnish9s equipment pursuant to this contract shall bear any loss or damage to such
equipment and shall pay any expense incurred in its operation and maintenance.
Therefore each agency shall be responsible for its own expenses incurred during
the course of the investigation unless otherwise agreed upon in writing by both
DA8T and the CONTRACTOR.
Each party agrees to furnish necessary personnel, equipment, resources and
facilities and to render services under the contract as required. All expenses
normally associated with the employment of personnel, such as salary, travel
expenses, per djem and other benefits, shall be borne by the employing agency. In
the event equipment is loaned from one party to another pursuant to this contract,
the borrowing party agrees to bear any costs pertaining to use, damage, or loss of
the equipment.
Time and travel costs incurred in testifying in any hearing or court appearance
generated as a result of any SPTE investigation and directly related to the
enforcement of Florida's tobacco or alcohol statutes will be compensated in the
manner that is customary for witnesses and mileage and will be in accordance with
Section 112.061, Florida Statutes.
6. SUPERVISION: Supervision of the personnel assigned to this
investigation shall be the responsibility of the CONTRACTOR. Responsibility for the
conduct of individual employees, agents, and/or operatives required to implement
this contract will be with the CONTRACTOR'S agency head or his designated
supervisor. Responsibility for the conduct of DABT employees shall rest with the
Director of DABT.
The negotiation and execution of this contract by DABT in Tallahassee is
handled by the State Contract Manager. The CONTRACTOR will appoint an Agency
Contract Coordinator for the duration of the contract who will serve as CA8T's
primary point of contact with the CONTRACTOR. DABT will assign a Special Agent
or supervisor as the CABT District Contract Administrator who will have overall
coordination and management responsibility under this contract The DABT District
Contract Administrator will be responsible for training. site selection, operational
oversight, report review, program and payment audi~ and records management. The
DABT District Contract Administrator will be the sole point of contact with the
CONTRACTOR for the resolution of problems, contract or program interpretation,
or contract modification. Appeals of decisions made by the DABT State Contract
Manager or the District Contract Administrator must be directed to the Director of
Enforcement for the Tobacco Pilot Program at (850) 413- 0850.
Operational strategies will be mutually addressed and resolved by the District
Contract Administrator and the CONTRACTOR. The parties agree to meet no less
than once a month to discuss and implement investigative strategies and resolve
6/23/98 - FINAL
3
--'-~......
any problems which may arise. Any change in the Agency Contract Coordinator
must be communicated to the DAST State Contract Manager and the District
Contract Administrator in writing. CABT will notify the CONTRACTOR in writing of
any change in the CAST State Contract Manager or District Contract Administrator.
7 . INVESTIGATIVE REPORTS: The CONTRACTOR agrees to utilize
CAST activity logs, and each Unit of services provided pursuant to this contract
shall be the subject of a separate activity log. Activity logs are to be completed by
officers working the School Proximity investigation, reviewed for accuracy and
signed by the appropriate CONTRACTOR supervisor and then sent via facsimile to
CA8T's District Contract Administrator as soon as possible but in no case later than
five working days after the investigation is completed. A copy of each activity (og
shall be submitted with the appropriate invoice. Any additional reports created by
and/or for the use of the CONTRACTOR shall also be provided to DABT upon
submission of an invoice.
8. UNDERAGE OPERATIVES: The retention, control and supervision
of any underage operative shall be the responsibility of the CONTRACTOR.
Recruitment and management of underage operatives by tha CONTRACTOR will be
consistent with DABT policy and procedure and subject to the approval of CAST's
District Contract Administrator.
9. SEIZED PROPERTY: In the event that any property or cash is seized
as a result of investigative activities governed by this contract, the parties agree to
ensure the equitable distribution of forfeited property, cash or proceeds from the
sale of forfeited property. The forfeiture and distribution of such property shall be
pursuant to Section 932.701, at seq., Florida Statutes. Forfeited property or
proceeds shall be distributed to the appropriate law enforcement agency or agencies
that participated directly and substantially in any of the acts which led to the seizure
or forfeiture of such property or cash. It is agreed that the percentage of any
proceeds from forfeited property or the value of property retained by an agency shall
be commensurate with the participation of that agency in the activity which resulted
in the seizure, unless otherwise agreed to by the participating agencies. Any agency
which provides for court costs or costs for maintaining seized property shaH be
reimbursed out of any proceeds from the sale of seized property prior to the
distribution of proceeds.
GENERAL PROVISIONS
1. APPROPRIATION: In accordance with Sections 216.311 and 281.0582,
Florida Statutes, DABT's performance and obligation to pay under this contract is
contingent upon an appropriation by the Florida Legislature.
6/23/98 - FINAL
4
2. AUDIT: All invoices shall be submitted by the CONTRACTOR to DABT
with sufficient detail for a proper pre-audit or post-audit Any costs included on the
Cost Summary which are not included in the Unit cost shall be pre-approved by the
Director of E:nforcement for the Tobacco Pilot Program and be supported by
appropriate documentation such as receipts, invoices or affidavits.
3. CANCELLATION: This contract may be terminated by either party with
or without cause, by giving written notice to the other party. Such notice shall be
sufficient if it is delivered to the party personally, sent by facsimile, or delivered by
U.S. Mail. In case of cancellation, only the costs actually accrued for services
satisfactorily performed prior to the date of cancellation shall be due and payable,
and all work in progress shall remain the property of DABT and shall be delivered
to CABT.
4. ENTIRE AGREEMENT: This contract, with the attached Affidavit of
Costs and its Statement of Work Addendum, constitutes the entire agreement of the
parties. No other agreement or modification to this contract, expressed or implied,
shall be binding on either party unless same is in writing and signed or initialed by
both parties. This agreement may not be orally modified. Any modification beyond
initialed changes in the body of this contract must be in writing, expressly titled a
modification, amendment, or addendum to this contract. attached to this contract,
and signed by both parties.
5. FORCE MAJEURE: Neither party shall be liable for loss or damage
suffered as a result of any deJay or faHure in performance under this Agreement or
interruption of performance resulting directly or indirectly from acts of God, civil or
military authority, acts of public enemy, war, riots, civil disturbances, insurrections,
accidents, fire, explosions, floods, water, wind, Iightn1ng strikes or labor disputes
to the extent such events are beyond the reasonable control of the party claiming
excuse from liability resulting therefrom. rf a uforce majeure event" does occur, the
parties agree to negotiate an extension of the contract as appropriate, provided such
extension does not authorize the provision of contractual services beyond June 30,
1999.
6. LIABILITY: Each agency shall bear the liability arising from acts
undertaken by its personnel pursuant to this contract. All of the privileges and
immunities from liability, exemption from law, ordinances and rules, all pension,
insurance, relief, disability. workers' compensation. salary, death and other benefits
which apply to the activity of such officers, agents or employees of any such agency
when performing their respective functions for their respective public agencies shall
apply to them to the same degree, manner and extent while engaged in the
performance of any of their functions and duties under the provisions of this
contract The provisions of this section shall apply with equal effect to volunteer
6/23/98 - FINAL
5
and auxiliary employees.
In no event, shall a participating agency or political subdivision be liable for
suit or claim for damages resulting from the acts of another participating agency.
Furthermore, any claim of liability asserted against DABT may be subject to the
limitations of liability set forth in Sections 768.28, and 284.31, Florida Statutes.
7. PAYMENT:
A. Section 215.422, Florida Statutes, provides that state agencies have five
(5) working days to inspect and approve goods and services, unless bid
specifications, the contract, or the purchase order specifies otherwise. With the
exception of payments to health care providers for hospital, medical, or other health
care services, if payment is not available within forty (40) days, measured from the
latter of the date the invoice is received, or the goods or services are received,
Inspected and approved, a separate interest penalty of .02740% will be due and
payable in addition to the invoice amount Invoices returned to a vendor due to
preparation errors will result in a payment delay. Invoice payment requirements do
not start until a properly completed invoice is provided to the agency. A Vendor
Ombudsman, whose duties include acting as an advocate for vendors who may be
experiencing problems in obtaining timely payment(s) from a state agency, may be
contacted at (850) 488-2924, or by calling the State Comptroller's Hotline, 1-800--848-
3792.
B. Invoices with supporting documentation, shall be submitted by the
CON1.RACTOR to DAST monthly by delivering same to the Director of Enforcement
of the Tobacco Pilot Program at 1940 North Monroe Street, Tallahassee, Florida
32399-1024. The reguJar monthly submission of invoices and supporting
documentation is required. Payment is due within forty (40) days after receipt of
each invoice. No advance payments are authorized by this contract.
8. PUBLIC DOCUMENTS: Pursuant to Section 287.058, Florida Statutes,
CONTRACTOR shall allow access to all documents, papers, letters Of other materials
subject to Chapter 119, Florida Statutes. If CONTRACTOR refuses access to such
documents, DAST may petition any court to compel production of such documents.
The CONTRACTOR shall then pay all costs and attorney fees pursuant to this action.
CAST may unilaterally cancel this contract for refusal by the
CONTRACTOR to allow public access to all documents, papers, letters, or other
material originated or received by the CONTRACTOR in conjunction with the
contract subject to the provisions of Chapter 119, Florida Statutes.
9. RENEWAL: This contract may be renewed on a six month basis for a
period up to and including June 30, 1999. Renewals are contingent upon the
satisfactory performance of the CONTRACTOR, as determined by DABT, and are
6/23/98 - FINAL
6
subject to the availability of funds. To renew the contractt the parties must execute
a written renewal agreement prior to the end of the expiring contract term. The
renewal of this contract will be upon the ...ame terms and conditions as contained
herein.
10. SEVERABILITY: The invalidity or unenforceability of any particular
provision of this contract shall not affect the other provisions hereof and this
contract shall be construed in all respects as if such invalid or unenforceable
provision(s) was omitted.
11. TRAVEL AND EXPENSES:
A. Regular travel costs for such things as gas, mileage and/or vehicle
expense are the responsibility of the CONTRACTOR, however, extraordinary travel,
that is travel outside of the county, will be compensated in accordance with Section
112.061, Florida Statutes.
B. The CONTRACTOR shall contact the DABT District Contract
Administrator prior to incurring any travel or any other expenses to be reimbursed
by CAST. The District Contract Administrator shall require pre-authorization and
pre-approval of said travel or expenses on a "State of Florida Authorization To Incur
Travel" form. In the event pre-authorization is required and CONTRACTOR fails to
provide documentation af same, CONTRACTOR shall not be reimbursed for such
travel or expenses.
C. Requests for reimbursement are to be submitted on a "State of Florida
Voucher for Reimbursement of Traveling Expenses" form.
12. ATTORNEYS' FEES: Except as provided in the clause entitled "Public
Documents," and as otherwise provided by law, the parties agree to be responsible
for their own attorneys' fees incurred in connection with disputes arising under the
terms of this contract
13. DISPUTES: This contract shaff be governed by and construed in
accordance with the laws of Florida, and DABT, pursuant to the State's home venue
privilege, is entitled to assert venue for any disputes arising out of this contract in
Leon County, Florida.
14. OTHER EMPLOYMENT: The CONTRACTOR shall not engage the
services of any person or persons now employed by the State of Florida, including
DABT or subdivision thereof, to provide services relating to this contract without
written consent of the employer of such person or persons and of DABT.
6/23/98 - FINAL
7
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, 15. NOTICE TO CONTRACTOR: CAST shall consider the employment by
any CONTRACTOR of unauthorized aliens a violation of section 274A(e) of the
Immigration and NatfonaUzatlon Act Such violation shall be cause for unilateral
cancellation of this contract
, e
6/23/98 - FINAL
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(This space left blank.)
8
. . . . ,~.
, .
WITH THEIR SIGNATURES, the partIes agree to all the provIsions, special and
general, and all other terms and conditions of this contract.
STATE OF FLORIDA
. Richard T. Farrell
Secretary
Department 'of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-0750
'. ~ I
Date (Signed by DSPR Signing
Authority)
6/23/98 - FINAL
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(Contractor Signature)
(Print Name) Mi c.haf':l LT. Rnnprtn
(Title) City Manager
(Agency Name) City of Clearwater, FL
(Address) P.o. Box 4748
Clearwater
(StatelZip) Florida 33758-4748
(Phone) f727) 562-4040
(Fax) (727) 562-4052
Date (Signed by Contractor)
596000289
Federal Employer 1.0. Number
Florida Corporation Registration
Number
(If Appllcabte)
9
----oq
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. In witness Vvhereoft the parties hereto have set their hands and seals on the date
first above written.
to
Countersigned:
CITY OF CLEARWATER, FLORIDA
By;
Michael J. Roberto, City Manager
Mayor-Commissioner
Approved as to form:
fi) A .J-\\ JJ ~\Ar!kf-
Robert J~ $urette
Assistant'eity Attorney
Attest:
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA
.' .
Richard T. Farrell
Secretary
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-0750
. .
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In witness whereof, the partles hereto have set their hands and seals on the date
first above written.
Countersigned:
Mayor.Commissioner
Approved as to form:
f) ~ .:k\. )j ~\.^.~1*r
Robert J~ $urette
Assistant'eity Attorney
p. c, M' . ."~' ~. .. . I I ., :~. ,."j.... .
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto, City Manager
Attest:
Cynthia E. Goudeau
City Clerk
STATE OF FLORIDA
Richard T. Farrell
Secretary
Department of Business and
Professional Regulation
1940 North Monroe Street
Tallahassee, Florida 32399-0750
.
."
The Division of Alcoholic Beverages and Tobacco, under the auspices of the Tobacco
Pilot Program, haS entered into the preceding contract with ~ity of Clearw~ter, FL
(CONTRACTOR/AFFIANn to provide for the enforcement of.statutes relating to the sale of
tobacco products to underage persons and to the possession of tobacco products by underage
persons. Pursuant to this contract, CONTRACTOR/AFFIANT hereby certifies that the overtime
rate of $ 30. 76 per hour is standard for the officers to be employed in the implementation
of this contract, and CONTRACTOR/AFFIANT further certifies that such rate includes the cost
of benefits, payroll taxes and other mandatory payroll deductions. CONTRACTORJAFFIANT
also certifies that the overtime rate of $ 37.65 per hour is standard for those officers who
win supervise and oversee the implementation of this contract and that such rote is inclusive of
the cost of benefits, payroll taxes and other mandatory payroll deductions.
CONTRACTOR/AFFIANT also attests to the accuracy afany other costs to be
considered for reimbursement, which shall be specified and set forth separately on the Cost
Summary worksheet to be completed for each contract. Such costs are to be considered for
reimbursement when invoiced.
AFFIANT FURTHER SA YETH NAUGHT.
Signature
(Title) City Manager
STATE OF FLORIDA
COUNTY OF PlNELLAS
BEFORE ME, the undersigned authority, personally appeared
who, being personally known or having provided as
identification, after being duly sworn WIder oath, deposed and stated that the foregoing
information is true and correct to the best ofhislher knowledge and belief.
SWORN TO and SUBSCRIBED before me this
1998, in
day of
County, Florida.
Notary Public, State of Florida at Large
My. Commission Expires:
Printed or Typed Name of Notary Public
6/23/98 - FINAL
..
~
CONTRACT COST SUMMARY
DIVISION OF ALCOHOLIC BEVERAGES and TOBACCO
Tobacco Pilot Program - Enforcement Section
COMPENSATION WORKSHEET FOR COMPLETION OF CONTRACT
SPTE - SCHOOL PROXIMITY TOBACCO ENFORCEMENT
Retail Compliance Investigations
CITY OF CLEARWATER t FLORIDA
[Name of CONTRACTOR]
Breakdown of Costs and Expenses ..
Variable Unit Costs:
Each Operation / Investigation
1 WORK UNIT
= 1 WORK UNIT
= 2 Officers/Deputies @ 4 hrs. ea. = 8 hrs.
1 PTR* hr. per Officer/Deputy = 2 hrs.
Total Man..hours per Work Unit = 10 hrs.
1 WORK UNIT = 10 Man-hours x 30.76 $/hr.
=$ 307.60
= $ 37.65
= $ 45.30
= $ 390.55
SPTE Supervision Cost (1 hr. Suprv. OfT per Unit)
Administrative Costs (Clerical/Invoice prep. etc.)
Subtotal
(Contract Cost per WORK UNIT)
Conduct 70 Units x Contract Cost per Work Unit = $
27,338.50
Fixed Contract Expenses: (if applicable)
Training Expense (mnhr.rate x -'L.hrs x ...1.-Persons) = $
Supplies / Evidence ( must specify in detail )
307.60
=$
= $
Other Expenses (specify)
Subtotal of Expenses
= $ 307 . 60
TOTAL CONSIDERATION TO AGENCY
(for Term of SPTE - Retail Compliance
Investigations portion of Contract)
.PTR hours = Preparation, Travel and Reporl writing
= $ 27,646.10
-.-
.
fb5
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda 1tem # ~ ~
Meeting Date: ~
SUBJECT/RECOMMENDA TION:
Approve an Agreement with Career Options of Pinellas, Inc. to design. implement and administer a
Special Initiative Program - Jobs for At Risk Youth and Adults, a portion of the Weed and Seed grant
program in an amount not to exceed $50.000. in accordance with Sec. 2.564(1 )(b), Code of
Ordinances - Sole Source
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
· In Clearwater's third year of the Weed and Seed grant, $50JOOO of federal funding is designated
for a Special Initiative Program - Jobs for At Risk Youth and Adults. The program will target 16-
21 year old youths who are "at risk" of dropping out or have already dropped out of school and
adult residents in the Weed and Seed area. The program will provide job opportunities for at risk
youth and adults who primarily reside in the North Greenwood, South Greenwood, and Old
Clearwater Bay neighborhoods.
· Career Options of Pinellas, Inc. is the Administrative Entity and Fiscal Agent for the Pinellas
Workforce Development Board! the state mandated/county appointed agency overseeing the Job
Training Partnership Act (JTPA) and Work and Gain Economic Self-Sufficiency (WAGES)
programs in Pinellas County. Career Options already has in place several programs identical to
those called for in the Weed and Seed grant proposal. Job development, search and placement
are also already in place in Career Options activities. With its direct affiliation to JTPA and
WAGES, Career Options is in the unique position to unite all grant required activities under one
provider - with the program activities and essential resources already in place. For this reason,
Career Options has been determined to be the sole source for this program.
. The required $50,000 will be allocated from Weed and Seed FY 98/99 grant project. 181-99394.
The project is funded in total by the federal grant on a reimbursement basis.
Reviewed bY~:
Legal
Budget
Purchasing K
Risk Mgmt n/a
Info Srvc
PUblic Works
DCM/ACM
Other
nla
n/a
Costs
Total $50,000
Current FY -n-
Funding Source:
Cl
QP
Other $50,000
~
SUbmitted by:
City Manager (Y\.:rR
Grant Funded - No match
A ro rlatlon Code: 181-99394
D".......... ,.... ......""........ n..,....
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- .-.-..
AGREEMENT
THIS AGREEMENT is made and entered into on the . day of -.:..
1998, by and between Career Options of Pinellas, Inc., hereinafter reft3rred to as th~
II Contractor" , and the City of Clearwater, Florida, a municipal corporation, hereinafter
referred to as the IICity". hereby incorporates by reference the City of Ctearwaters
IIStandard Requirements for Requests for Proposals"; Exhibit A - Insurance
Requirements; and Exhibit B ~ Scope of Services.
WITNESSETH:
WHEREAS, the City has been awarded a grant from the Executive Office of
Weed and Seed, U. S. Department of Justice, in the amount of $50,000 to prOVide for a
Special Initiative Program for Jobs for At Risk Youth and Adults; and
WHEREAS, the Contractor has agreed to design, implement, and administer the
Special Initiative Program for the City;
NOW TI1EREFORE, in consideration of the promises and the mutual covenants
contained in the Agreement, the Contractor and City hereby agree a3 follows:
1. TERM.
This Agreement shall Commence on the 1 st day of January, 1999 and shall
terminate on the 31st day of December, 1999, unless earlier terminated by either party
hereto. Either party may terminate this Agreement upon thirty (30) days prior written
notice.
2. CONTRACTOR'S SERVICES.
The Contractor shall furnish all material and perform all of the work for
administration and implementation of the Weed and Seed Special Initiative - Jobs for At
Risk Youth and Adults per the attached Scope of Services (Exhibit B).
3. TARGET POPULATION FOR THE SPECIAL INITIATIVE PROGRAM.
This program shall be designed for At Risk Youth (youth ages 16 - 2111at risk" of
dropping out or already dropped out of school) and Adults. U At risk youth'; is defined by
the Pinelfas County Schoo) Board as students possessing two or more of the following:
GPA 1.5 or lower, low stanines on standardized testsl retention, discipline problems
and suspension, attendance problems and truancy, enrollment discontinuities, eligibility
for Exceptional Education Program, involvement with social service agencies, frequent
and/or extended health problems, low or inappropriate self~esteem, and excessively
stressful home life.
4. CONSIDERATION.
r
Upon execution of this Agreement by all parties, the City will pay all costs
associated with the implementation of the program, including staffing and
administrative expenses. Beginning the first of January, 1999, the City will pay the
Contractor a quarterly fee in the amount of $12,500 for each quarter through
December, 1999. The City's maximum liability under this contract shall not exceed
$50,000 - the total amount of the grant.
5. THE WAIVER.
Failure to invoke any right, condition, or covenant in this Agreement by either party
shall not be deemed to imply or constitute a waiver of any rights, condition, or covenant
and neither party may rely on such failure.
6. NOTICE.
Any notice or communication permitted or required by the Agreement shall be
deemed effective when personally delivered or deposited, postage prepaid, in the first
class mail of the United States properly addressed to the appropriate party at the
address set forth below:
A. NOTICES TO CONTRACTOR:
Mail to:
Dianne S. Cox. Executive Director
Career O~tions of Pinellas, Inc.
13770 58 h Street North, Suite 312
Cle.arwater, FL 34620
B. NOTICES TO CITY:
Mail to:
Sid Klein. Chief of Police
Clearwater Police Department
645 Pierce Street
Clearwater, FL 33756
7. ENFORCEABILITY.
With a copy to:
Phyllis Burch, Center Director
Career Options of Pinellas. Inc.
1100 Cleveland Street, Suite 400
Clearwater, FL 33755
With a copy to:
City Attorney's Office
City of Clearwater
PO Box 4748
Clearwater, FL 33758
If any provision of the Agreement is held by a court of competent jurisdiction to be
unenforceable. the remainder of the Agreement shall remain in full force and effect and
shall in no way be impaired.
8. ENTIRE AGREEMENT AND AMENDMENTS.
This Agreement constitutes the entire agreement of the p'arties with regard to the
subject matter hereof, and replaces and supersedes all other agreements of
. understandings, whether written or oral. No amendment or extension of the Agreement
shall be binding unless in writing and signed by both parties.
9. BINDING EFFECT, ASSIGNMENT.
This Agreement shall be binding upon and shall inure to the benefit of the
Contractor and the City. Nothing in this Agreement shall be construed to permit the
assignment by the Contractor of any of its rights or obligations hereunder, as such
assignment is expressly prohibited without the prior written consent of the City.
10. GOVERNING LAW, SEVERABILITY.
In the performance of the Agreement, each party shalt comply with all appHcable
federal, state and local laws, rules, ordinances and regulations. This Agreement shall
be governed by the raws of the State of Florida. The invalidity or unenforceability of
any provision of this Agreement shall not affect the validity or enforceability of any
other provision.
In witness whereof, the parties hereto have set their hands and seals on the date
first above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Michael J. Roberto, City Manager
Mayor-Commissioner
Approved as to form:
Qt,vi~ A LJIr ,
Robert J. ~~ret{e .
Assistant e1ty Attorney
Attest:
Cynthia E. Goudeau
City Clerk
CAREER OPTIONS OF PINELLAS,
INC.
By. ~ ,J. ~ .
Dianne S. Cox, Executive Director
-
EXHIBIT A
INSURANCE REQUIREMENTS
The bidder will procUf'c aad maintain the toUowinc ia.suraace coverale:
J. Works' Compensation and Employen' LlablJity-tbe bidder shall protun: aad maintaio for
the tife oCtbb purcbase order, Workers' CompmSltfoD losur8nce COVtriae aU employees with
limiLs meeting an applIcable state aad fed C I'll I laws. This CQvtnge shan include EmploYt'rst
LiabUlty with lImits meetiq an applicable state sad fedenllaws.
2. GeDc...1 Liability-The bidder sb.n procure aad maintain for tbe life of' Ibis purchase order.
Ceneral LlabtUty IOSDruce. This CGYtnlle ,baD be aD I!lD 'Q<<urreaee' basis lad shall include:
Premises .ad OperatioDS, Independeat Contradon; P1-odar:ts ud Complete Operations lad
Con'nctuaJ Lbbillty. ConnIe sban be DO more re:stricdn than the Jlt~t edilion of lbe
Commercial GCDenal Lb.bWty policies of the lDsaruee Seniecs Office.
This policy sblU provide covenl' tor deatb, bodily inJary, persoaallojury or property damace
tbat could arise dlrect!y or indirectly from the pcrl'ormaD~ of this purchase order.
The minimum limits of coverale shaD be ssoo.ooo per Occurrence Combiaed Slolle Limit for
Bodily Injury LlabiUCy ud Property Damazt! lhbJUty.
The City shan be iDdaded and Ideatifled &I au Additional wured UDder the policy ccrtffi~te
or imun-ace.
3. Bu.sinCSJ Automobile LIJIbWty-Tbe Bidder sball procure and maiotAln, lor tbe lire or the
pURhase ordft", BlUiam Automobile Lb.bUlty waral1ce.
The miaimum limits or C'QYen.p sban be 5300,000 per Oecurruu:e. Combined SincJe Limit
for Bodily Injury UabWty aad Pruperty Daagp L1abWty. This covel1l2C sbaU be aD .. Auy
Auto~ type policy. Conrapshall be au more ratricttve tban tbe laUst tdltloa ortbe
Business Automobile PoUcles of tbe wuruce Services Omee..
4. Indemnity-The bidder sbaU defend, bldcmaify, san.ad bold the City harmless (rolD aDY aad
Jidl clJilims. suits, JudpeDUaud IlabWty for deaUl. personal Jajury, booBy laJury or property
damlge arisini dIrectly Qr indirectly from performaace of this parehase order by bidder,
Its empJoy~ subC'oatneton or aaips, iacladlae Itcll tees, COQrt co,u, or o'her feell'
espenns. The bidder ac:uowledCes tIlat It Is solely responsible Cor complyiDI with tbe terms
orthe purchase Dreier.
5. Supplemental Pf'OYufons
.) The insurance CO'Yeraccs aDd toaditloDJ .aorded by tbb policy sball Dot be suspended.,
voided, taanted or modified escept after thirty (30) days prior wrintD ootiee by
c:ertlfi~ mail n:tam rueipt rcqu~ted bat b"D dun to tbe City's Risk Maoslcment
Office..
b) CenmtJItes ollnsuraace mcetIn~ tbe specific required losurance provisions specfned
required InSUI'3Dre provisions specified within tbe purehase order shall be forwarded 10 the
CUy" Rbk Mlueemmt om" and approYfd prior to ,Llrt of aD)' work. Aftcr review, the
Certificate will be filed with the Purrhasinz orncl: as apan or the orie,inal purchase ordtr.
.,
Esbibit A (conllaued)
c) Rfteipt nd acceptanre of a bidder's Cenifiellt or iasuraa:e ~ or olher simU.r documeat.
does not ton.litull aceepCIDce or approval ol.moUDI5 or Iypes of coveraltS wbich may be
Ins Ihla requir~ by Ibe parchlR order.
d) Tbc City may at its option require I cop)' 01 the bidder's buunnce poUcin.
e) AlllDJunace poUcles required witb tho purcbase order sban provide full coven&c
. from tbe Ont dollar of exposure ualm otbenrise stipulated. No dtduc:tibles will be
IC(Cpted withQut prior .pproval rram rbe City.
6. Sllfly and HflJlh Rrqalrcml'ftts
.) Sale and Healtbful Work Environment-Ills tbe bidder's laic duty to provide .are aad
Iltalthf"l workiq colldfthnu to its employccs lad those oCthe City ou'and about lbe
project lite. TIre City assumes DO duCy tor .aprnbloll or tbe bidder.
SlOp Work Orders-The City m.y order tblt the work nup If a c:oDdltloa or bamtdia.e
dancer to City employca. equipment or property dim_Ie exists. Tlab provtsiOD sball
Dot sbin rapDIJ.ibUlty or risk or loss Cor fnjuria or dalDqc sustaiacd Crom Ibe bidder
to tbe City. aad tbe bidder shall remlAa lolely rapoaible tor coraplllare witb aU ..rety
nquJrements aad tor safety of an peno11l aad property at tbe project ~
c) CompUaaee witb Sarety aDd Hnltb RqulaUoa.s-The bidder ,ball ~mply witb the
Occupatlona' Safety lad Health AdmiDbtnttoll (OSHA). the Rodda Department or
labor .ad EmploYllleat Seearily aad an other appropriste redCR~ tt:lte,loeaJ rqulatiou
or Clty sarely and bpltb Ilalldal"d5.
"
.
"
EXHIBIT B
I
i'
SCOPE OF SERVICES
Schedule of Program Participants: Enrollment of 6-7 additional program
participants each month, beginning January 1 t
1999 and ending December 3D, 1999 for a
total of up to 80 program participants over the
course of the grant period
Program Components:
Outreach/Recruitment:
. Program Recruitment: High schools, churches, social service agencies
. Referrals from Coordinating Agencies: WAGES, Jobs & Benefits, Pinel/as
County School Board, Police Substations, Clearwater Housing Authority
Information Meetings:
. Educate clients concerning expectations: eligibility and suitability
requirements and documentation, service available, time requirements for
each step in the process, participation requirements, outcome expectationst
and follow along requirements
AppJicationRnterview (Intake):
. Documentation: Income, barriers, employment status
. Screening process
Career Assessment and Counseling (Week of assessment will be
detennined on past work history): .
. In depth basic skills assessment (utilizing TABE instruments)
. Vocational aptitude assessment (utilizing SAGE and CAPS instruments), as
needed
. Vocational interest assessment (utilizing COPS, SAGE, Holland Vocational,
Career Decision Making and other instruments), as needed
. Personality preference inventories (Le., Myers-Briggs, Keirsey Temperament
Sorter), as needed
. Work history analysis
. Self-Reported Social Assessment: budget requirements, family support
issues, and other potential barriers
. Occupational exploration: review of resource books (e.g'l Occupational
Outlook Handbook), job shadowing, information interviewing, local labor
market information. training in local market research, as needed and on an
individual basis
,'.. ,<,'.
I
i
Life Skills Training:
· Work Maturity Issues: punctuality, attendance, appropriate dress,
communication skills
· Vocational exploration, motivation, decision making, self esteem,
nutritional and other skills training to become self-sufficient in making
career choices in productive job search activities, based on need
Job Search Assistance (on going):
· Job search workshop or individualized counseling and training in job seeking
techniques, including resume preparation, netvJOrking, answering classified
ads, interviewing skills, and the like.
· Individualized job development applicant interview follow-up by Job
Developer on staff.
Program Outcomes:
· Sixty percent (60%) of program participants completing the classroom
training program of at least one month (96 hours)
· Job placement for sixty percent (60%) of program participants completing the
program within the grant period
· Follow up of program participants after job placement for up to 90 days
Reporting ReqUirements:
Monthly reports by Career Options' to Clearwater Police Department detailing the
foHowing information:
. program. participant information including number enrolled, whether residing
in designated Weed and Seed area, whether meeting "at-riskP criteria, ages
. number and percentage of participants completing the program
. job placement information (counts, percentages, etc.)
. number of hours per client spent in each part of the program
. dates and times of informational/marketing meetings
. samples of marketing materials
fvJ~
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item If;
Meeting Date:
--0<8'
@~ lO.q r
final Agenda /tern II
SUBJECT IRECOMMENDA TION:
Approve a Letter of Understanding with the Florida Department of Transportation for
construction and maintenance of two stormwater ponds to serve the S.R. 590 (Drew Street)
widening from Highland Avenue to Northeast Coachman Road,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
· Through a Joint Project Agreement, the City and the Florida Department of Transportation (FDOT) are preparing plans
to widen Drew Street from Highland Avenue to Northeast Coachman Road. The City is funding the design and FOOT is
funding the construction.
· Preliminary design started in 1995, with final plans expected in 1999.
. The widening will necessitate the construction oftwo stonnwater treatment ponds.
· FOOT wilt be responsible for construction and long-tenl1 maintenance of these ponds.
· This Letter of Understanding (LOU) provides for a City property donation for the construction of one pond on City
owned property as shown on Exhibit A of the LOU~ a right of entry to FOOT for construction and maintenance access to
construct both ponds and a drainage outfall (Exhibits A~C of the LOU); and relocation/replacement of trees removed for
pond construction.
. A copy of the Letter of Understanding is available for review in the City Clerk Department.
Reviewed by:
legal ~ ___
Budget NJA
Purchasing NJA
RIsk Mgmt NJA
Into Srvc
Public Works
OCMJACM
Other
!'
Originating Dopt:
Public Works Adml
User Dept.
Public Works Adm
Attachments
Hap
Costs:
None
Total
Current FY
Funding Sourco:
CI
OP
Other
Submitted by:
City Manager
fYlJR/3)
I!J None
A ro riadon Code:
Printed on reaycled poper
2/98
Rev.
.:. I'
It'
..
110
DRAINAGE
UTFALL
CITY or CLEA AlER. LO DA
PUBLIC WORKS ADl.llNISTRATIOH
ENGINEERING
- .. DREW S1REET ~DEJNC tt;"w
~.. stOOt.lWATER PONDS __
~ NA
__.. HOt
N/" 1 OF' 1
-.01.....
i'
I
,,<
L\WTOI'I cnu..r..s
QOVI:AI'IOII.
DBPARTMENT OF TRANSPORTATION
TlIOAAs r. ""KAY. JIl.
IUOI :-;.~hl,:I:'\U:\ IJlUn: . 1 MU'.\.H.J1U1.'4U '1IUI"'""" '1.IOIl-21~71n S~cn",,,y
CMt,lIltallll'roj<tt M l..ae_' ~15 7.'01
,.
September 16, 1997
I
,
,
,
i
I
The Honorable Rita Garvey
Mayor of the City of Clearwater
Post Office Box 4748
Clearwater, Florida 34618-4748
RE: Letter of Understanding
SR 590 (Drew Street): Highland Avenue to N.E. Coachman Road
Roadway Widening Improvements
WPI: 7117121 SPN: 15050-1501
Dear Mayor Garvey:
The Florida Department of Transportation, District Seven (Department), is submitting this Letter of
Understanding (LOU) to the City of Clearwater (City) for its concurrence.
The purpose of this LOU is to define the responsibilities of the Department and the City for the
construction and maintenance responsibilities of two ponds and a drainage outfall located within the
referenced project.
Responsibilities ofthc City:
1. Donate City owned lots, property, by quitclaim deed, free and clear of existing
encumbrances, to the Department that is necessary for pond A (see Exhibit A).
2.
Provide right of entry to the Department onto City tight of way and City property that
is necesscuy for the construction of pond A, pond B (sec Exhibit B) and the cuJ-dc-sac
at the proposed Rosewood Street terminus (see Exhibit A).
,
i
<j
;
!
3.
Provide right ofentl)' to the Department onto Corona Avenue, CJeveland Street and
Allen's Creek, that is necessary for the construction and maintenance ofa drainage
outfall (see Exhibit C).
4. Provide the Department with locations for the replacement or relocation of trees
eliminated by pond A.
,t1).IIEevcLlO
"=I "APE"
....., ". ,~. "" :l{~I',"" p
I
~
l'
.,
The Honorable Rita Garvey
Page 2
September 16, 1997
. Responsibilities ofthe Department:
1. Maintain pond A and pond B after construction.
2. Maintain a drainage outfall along Corona Avenue, Cleveland Street and the
connection to the Allen's Creek outfall after construction.
3. Construct a cul-de-sac at the proposed Rosewood Street terminus.
4. .Coordinate with the City to vacate City right-of-way that is adjacent to donated City
owned lots which is necessary for pond A.
J. ;
5.
Purchase a portion of Woodside Lake that is necessary for pond A (see Exhibit A).
6. Purchase the west half of the proposed vacated cui-de-sac (unnamed, plat and field)
(see Exhibit A).
- 7. Replace or relocate trees eliminated by pond A.
. If the terms of this LOU are acceptable, please sign and date as designated below. Documents should
be returned to:
,
~ .
,
Mr. Oliver F. Perdomo
Consultant Project Manager
Florida Department of Transportation
11201 N. McKinley Drive MS 7-600
Tampa, Florida 33612-6403 '
Sincerely,
Kenneth A. Hartmann. P.E.
Director of Production
KAWOFP
cc:
William H. McDaniel, Jr., P.E.
Richard Baier, P.E.
Oliver F. Perdomo
File
..~ ,.:; ~ "":". :'.;~JluL?. -i..}..'!~ .~ll',
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"I
The Honorable Rita Garvey
Page 3 .
September 16t 1997
CITY OF CLEARWATER
LETTER OF UNDERSTANDING
APPROVAL
\'..
,
Countersigned:
CITY. OF CLEARWATER, FLORIDA
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 '
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74
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LEGEND
m PLATTED Il'OODSIDE LAU
t77.7l fAST ffALF OF CUL -Of-SAC &
~ LAKEWOOD DR. TO BE VACATED
~ WEST HAiF OF CUi-Of-SAC
~ TO BE VACATED
[]]]]] CITY OWNED LOTS
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. . . . . . O.R. J079.PG.219 INCLUDES
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Final Agenda Item #
~<L
Meeting Date: Dec. 10, 1998
SU BJECl/RECOMMEN DA liON:
Approve the Final Reclaimed Water Master Plan Update completed by McKim & Creed Engineersl P.A.
and authorized staff to submit the approved plan to the Southwest Florida Water Management District.
C and that the appropriate officials be authorized to execute same.
· The City of Clearwater authorized McKim & Creed Engineers to conduct an Update of the City's
Reclaimed Water Master Plan. The total cost of this project was $126,800.00.
. The Southwest Florida Water Management District is providing $43,500.00 in grant funds to
reimburse the City for a portion of the Reclaimed Water Master Plan Update cost.
. The Reclaimed Water Master Plan Update outlines a 20-Year Plan to maximize the utilization of
highly4reated effluent from the City's three (3) Advanced Pollution Control Facilities.
. The total cost of the reclaimed water system implementation is estimated at $71 million dollars.
. The Master Plan identifies priority areas, within the City, targeted to receive reclaimed water services.
The p'lan also allows the City some flexibility in implementing reclaimed water as changes in
customer demand takes place and redevelopment occurs.
Reviewed by: Originating Dept. Costs N/A
legal ~ Info Srve 31' Public Works A Total
Budget N/A Public Works User Dept. Funding Source:
Purchasing ~ DCMlACM Current FY Cl
RIsk Mgml N/A Other Attachments OP
\';~ Olhr
Submitted by: (1\.::S f2 ~
City Manager !C:r:J
printed on recycled paper
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Rev. 2/90
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Clearwater City Commission
Agenda Gover Memorandum
Worksesslon lIem #:
Meellng Date:
30
1:J.-/o.Q8
Final Agenda Item #
SUBJECT/RECOMMENDA TION:
Approve an agreement with the State of Florida Department of Transportation authorizing the
subordination of 100 square feet of an existing drainage and utility easement along the north side of
Drew Street, just east of U.S. 19,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
· The Florida Department of Transportation (FOOT) has requested a subordination of utility interest from the
City of 100 square feet of an existing utility and drainage easement along Drew Street (S.R. 590), just east
of U.S. 19 (S.R. 55).
. The 100 square feet will be used for the truss support of an overhead sign.
. The City has no facilities within this 100 square feet.
. The parcel of interest will be used to facilitate transportation improvements at the Drew St./U.S. 19
. interchange, and is in the best interest of the City.
. This agreement sets forth the terms and conditions under which the City and FOOT will abide,
commencing on the date the agreement is signed by both parties.
. The City will have the right to use this land for its facilities providing they are. in accordance with FDors
current minimum standards as outlined in the Utility Accommodation Manual.
. A copy of this agreement is available for review in the City Clerk Department.
Reviewed by: illt- Originating Dept: Costs
Legal Info Srvc N/A Public Works Total 0
Budget N/A Public Works ~ User Dept. Funding Source:
Purchasing N/A DCWACM Public Works Current FY CI
Risk Mgmt N/A Other Attachments OP
Other
Submitted by: 0-'3e./rS) lEI None
City Manager A ro riation Code:
Printed on recycled paper Rev. 2/90
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This
by,
Department of Transportation
11201 N. Malcolm McKinley Drive
Tampa, Florida 33612
PARCEL
WPI NO.
S . R . NO.:
COUNTY
SECTION :
ITEM/SEG:
114.08
7117045
55
PINELLAS
15150-2566
256957 1
Legal Description Approved:
Date: 07/08/98 By: DIANNE M. COLLINS
UTL.04
SOBORD:mATI:ON or CITY OTI:LXTX :J:NTERESTS
THIS AGREEMENT, entered into this ____ day of , 199__, by and between the
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, 11201 N MCKinley Dr. Tampa FL., 33612,
heX'einafter called the FOOT, and the City of CLEARWATER, Florida, a municipal .;
corporation, hereinafter called City.
W X T N E SSE T H:
WHEREAS, the' city presently has an interest in certain lands that have been
determined necessary for highway purposes; and
WHEREAS, the proposed use of these lands for highway purposes will require
subordination of the interest claimed in such lands by city to the FOOT; and.
WHEREAS, the FOOT is willing to pay to have the City's facilities relocated if
necessary to prevent conflict between the facilities so that the benefits of each may be
retained.
NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties
hereto, City and FOOT agree as follows:
City hereby subordinates to the interest of FOOT, its successors, or assigns, any
and all of its interest in the lands as follows, viz:
That part of the Southwest 1/4 of the Southwest 1/4 of Section 8, Township 29
South, Range 16 East, Pinellas County, Florida;
,
Lying within the following described boundary, to-wit:
PARCEL 114.08
PAGE 1
I,.
'c ... I..:"."'J!'~ >'. '
This instrument prepared by,
O~7~~
~r~ment of Transportation
Commence at a railroad spike marking the Southeast corner of the Southwest 1/4
of Section 8, Township 29 South, Range 16 East, Pinellas County, Florida, run
thence N.B9056'49"W., along the South line of the Southwest 1/4 of said
Section a, a distance of 2310.93 feet 49.92,feet to the North right-of-way
line of Drew Street and the POINT OF B~GINNING; thence N.89055'13"W., along
said North right-of-way line, a distance of 10.00 feet; thence N.OOo04'47"E.,
a distance of 10.00 feet; thence S.89055'13"E., . parallel with said North
right-of-way line, a distance of 10.00 feet; thence S.OOo04'-DuW., a distance
of 10.00 feet to the said POINT OF BEGINNING.
Containing 100 square feet, more or less.
RECORDED
NATURE OF
ENCUMBRANCE:
EASEMENT
DATE
FROM
TO
O.R.
BOOK/PAGE
7155/1445
10101/91
v. JACK KENNEDY
CITY OF CLEARWATER
PROVIDED that the City has the following rights:
1.
The City shall have the right to construct, operate, maintain, improve, add to,
upgrade, remove, and relocate facilities on, within, and upon the lands described
herein in accordance with the FDOT's current minimum standards for such facilities
as required by the FOOT, Utility Accommodation Manual in effect at the time the
agreement is executed. Any new construction or relocation of facilities within the
lands will be subject to prior approval by the FOOT. Should the FOOT fail to
approve any new construction or relocation of facilities by the City or require the
City to alter, adjust, or relocate its facilities located within said lands, the
FOOT hereby agrees to pay the cost of such alteration, adjustment, or relocation,
inClUding, but not limited to the cost of acquiring appropriate easements.
2.
Notwithstanding any provisions set forth herein, the terms of the utility permits
shall supersede any contrary provisions, with the exception of the provision herein
with reimbursement rights.
3.
The City shall have a reasonable right to enter upon the lands described herein for
the purposes outlined in Paragraph 1 above, including the right to trim such trees,
brush, and growth which might endanger or interfere with such facilities, provided
that such rights do not interfere with the operation and safety of the FDOT'S
facilities.
4.
. #I
The City agrees to repair any damage to FDOT facilities and to indemnify the FOOT
against any loss or damage resulting from the City exercising its rights outlined
PARCEL 114.08
PAGE 2
. .
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This instrument prepared by,
der he direc~
Department of Transportation
. in Paragraphs 1 and 3, above.
IN WITNESS WHEREOF, the FOOT hereto has executed this agreement on the day and year
first above.written.
Signed, sealed and delivered in
the presence of:
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
By:
Director of Production for District VII
WITNESS
PRINT NAME
PRINT NAME JACK H. KING
ADDRESS 11201 N. MALCOLM McKINLEY Dr.
TAMPA FL 33612
. t
WITNESS
PRINT NAME
STATE OF FLORIDA
COUNTY.OF HILLS80ROUGH
The foregoing instrument was acknowledged before me this day of
, 199___, by JACK H. KING, DIRECTOR OF PRODUCTION for District VII,
who is personally known to me or who has produced as
. identification.
PRINT NAME DEANNA L. ALDERMAN
Notary Public in and for the
County and State last aforesaid.
My Commission Expires:
serial No., if any:
II
. .
PARCEL 114.08
PAGE 3
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. This instrument prepared by,
or under he dlrec~
Department of Transportation
IN WITNESS WHEREOF', the said grantor has caused these presents to be executed in its
name by its Board of City Commissioners acting by the Chairperson or Vice-Chairperson of
said Board, the day and year aforesaid.
,(. .
ATTEST:
The City of CL~ARWATER, Florida,
By Its City Council
. PRINT NAME
Clerk (or Deputy Clerk)
By:
Its Chairperson (or Vice-Chairperson)
PRINT NAME
pc"
ADDRESS
,",
. ",'
:,
STATE OF FLORIDA
COUNTY OF PINELLAS
day of.
, Chairperson
Ci ty Council, who is personally known
as identification.
this
The foregoing instrument was acknowledged before me
I 199 , by
. (or Vice-Chairperson) of the CLEARWATER, Florida,
to me or who has produced
PRINT NAME
Notary Public in and for the
County and State l~st aforesaid.
My Commission Expires:
Serial No., if any:
~
PARCEL 114.08
PAGE 4
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Clearwater City Commission
Agenda Cover Memorandum
Worksession llem #:
Meeting Date:
31
11-10.0/8
Final Agenda Item #
SUBJECT/RECOMMENDA liON:
Approve the Conceptual Approval Agreement with the Florida Communities Trust (P2000 Program) for the
shared cost of acquiring the property along Stevenson Creek for the establishment of a preserve area (Wolfe
Preserve) as part of the improvements and clean up of the Stevenson Creek Estuary and for the benefit of
North Greenwood and Clearwater residents.
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· The Wolfe Preserve project proposes to acquire property on the north side of Stevenson Creek directly to the
east of the Douglas Avenue bridge for the preservation of a tidal marsh and the development of a passive
recreation facility. (please see attached graphics).
· The Wolfe Preserve project will achieve the following:
. Protect the last remaining tidal marsh within the Stevenson Creek estuary
. Create a passive recreation area along Stevenson Creek and within North Greenwood
II< Make a significant investment toward protecting and improving the environmental quality of the
Stevenson Creek estuary
... Improve aesthetics and create a park feature in the North Greenwood Community
· The project includes acquisition of the property, installation of storm water treatment features (sediment
sump, waterfall aeration system, etc.), creation of passive recreation area with landscaping, parking and
, pedestrian features around the marsh, installation of educational stations, and construction of observation
decks adjacent to the tidal marsh.
. Approval of this agenda item does not authorize final acquisition of the property, only partnership with
Florida Communities Trust to share acquisition costs of the property (50% match up to $140,000). A
separate agenda item will come before the Commission for the purchase of the property and the
commencement of any improvements.
Reviewed by: Orfglnatrng Ocpt: Costs
Legal ~ Info Srvc r Public Works At . Istr 0 n Total nla
Budget 44L Public Works User Oept. funding Source:
Purchasing .ti/1L DGWACM PubHc Works n Current FY CIP
Risk Mgmt n/a Other A,t Attachments OP
Finance ilIA Map Other
'1 Submitted by:
'\
Oty Minaaer [J None A ro riation Code:
PrInted on recycled ~ Rev. 3/98
-- - --- _.___-...j~..M - --~- ----'___-- .. l~ __UJ. --.
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17
.
Fer Contract # 99-Cr-7W-98-8A-AI-032
FLORIDA COMMUNITIES TRUST
P8A AWARD #98-032-P8A
WOLFE PRESERVE
CONCEPTUAL APPROVAL AGREEMENT
THIS AGREEMENT is entered into on . 1998. the date
the last party executes this Agreement, by and between the FLORIDA COMMUNITIES TRUST
(FeT), a nonregulatory agency within the State of Florida Department of Community Affairs,
and CITY OF CLEARWATER (FCT Recipient), a local government of the State of Florida. The
intent of this Agreement is to impose terms and conditions on the use of the proceeds of certain
bonds, hereinafter described, and the lands acquired with such proceeds (project Site), that are
necessary to ensure compliance with applicable Florida Law and federal income tax Jaw and to
otherwise implement provisions of Sections 259.101, 375.045, and Chapter 380, Part ill, Florida
Statutes (F.S.).
. . . * . . .
WHEREAS, Chapter 380, Part ill. F.S., the Florida Communities Trust Act, creates a
nonregulatory agency within the Department of Community Affairs (Department) that will assist
local governments in bringing local comprehensive plans into compliance and implementing the
goals, objectives, and policies of the conservationt recreation and open space, and coastal
management elements oflocal comprehensive plans, or in conserving natural resources and
resolving land use confljcts by providing financial assistance to local governments to carry out
projects and activities authorized by the Florida Communities Trust Ac~;
WHEREAS, Section 259.1 01 (3)(c) of the Florida Preservation 2000 Act provides for the
distribution often percent (10%) less certain reductions of the net Preservation 2000 Revenue
Bond proceeds to the Department of Community Affairs to provide land acquisition grants qnd
loans to local governments through the FCT;
WHEREASt the Governor and Cabinet have annuaIJy authorized the sate and issuance of
State of Florida Department of Environmental Protection Preservation 2000 Revenue Bonds
(Bonds); and Bonds have been annually soldt thereby producing revenues for distribution
according to Section 259.101 (3)(c), F.S.;
WHEREAS, the Bonds are issued as tax~exempt bondst meaning that the interest on the
Bonds is excluded from the gross income of Bondholders for federal income tax purposes;
Contingent/Joint Acqulsitfon/98-032-P8A
11/6/98
FINAL 1
'".f ,..' ,
WHEREAS. Rule Chapter 9K-4. Florida Administrative Code (F.A.C.), describes the
procedures for evaluation and selection of lands proposed for acquisition using funds allocated to
the FCT through the Department of Community Affairs from the Preservation 2000 Trust Fund;
WHEREAS, the FCT Governing Body met on August 27-28, 1998, to score, rank and
select projects that were to receive Conceptual Approval for funding;
WHEREAS, the FeT Recipient's project, described in an application submitted for
evaluation, was selected for funding contingent upon additional flmds becoming available and in
accordance with Rule Chapter 9K-4. F.A.C.. and more particularly described within this
Agreement;
WHEREAS, Rule 9K-4.0 I 0(2)(1), F.A.C., authorizes Fer to impose conditions for
funding on those FCT applicants whose projects have been selec~ed for funding; and
WHEREAS, the purpose of this Agreement is to set forth the conditions of Conceptual
Approval that must be satisfied by FCT Recipient prior to the disbursement of any FCT
Preservation 2000 funds awarded, as well as the restrictions that are imposed on the Project Site
subsequent to its acquisition with the Fer Preservation 2000 Series Bond Proceeds.
NOW THEREFOREJ FCT and FCT Recipient mutually agree as follows:
I. GENERAL CONDITIONS
1. At least two original copies of this Agreement shall be executed by FCT Recipient
and returned to the FCr office at 2555 Shumard Oak Blvd.) Tallahassee, Florida 32399-2100 as
soon as possible and before December 15, 1998. Upon receipt of the signed Agreements by
FeT, FCT will execute the Agreements, retain one original copy and return all other copies that
have been executed to FeT Recipient. If the FeT Recipient requires more than one original
document, the Fer Recipient should photocopy the number of additional copies needed, and
then execute each as an original document.
2. The name Conceptual Approval Agreement is used to indicate that the project has
been approved as a concept that was described in FCT Application #98-032-P8A. Since the
entire Project Site has not yet been negotiated for acquisition, some elements of the project are
not yet known, such as the purchase price, other project costs, and the terms upon which an
owner will voluntarily convey the property. The Conceptual Approval Agreement is in every
respect a grant contract between the parties. The Agreement describes activities that will be
conducted both prior and subsequent to acquisition of the Project Site, described in the
application that was submitted and selected for funding by the FCr.
3. Conceptual Approval for funding shall be contingent upon the availability of
additional funds. If the funds become available, this contingency clause shall be removed by an
ContlngenUJolnt Acqulsltlon/98-032-P8A
11/6/98
FJNAL 2
addendum to this Agreement. Conceptual Approval for funding shall be until July 27, 1999. In
the event the project has not been completed in full by July 27, 1999, the Conceptual Approval
Agreement must be extended in order that the grant will remain in effect. In advance of the July
27, 1999, date and in sufficient time before a meeting of the Fcr governing board that would
allow approval of an extension to this Agreement before its expiration, the FeT Recipient must
request a written extension to the Conceptual Approval Agreement for project continuation in
compliance with Rule 9K~4.010(2)(j), F.A.C. If the Fer Recipient does not request an
extension, or if an extension is not granted to the FCT Recipient by the Fer Governing Body,
the PreseIVation 2000 award granted to the FeT Recipient by the Governing Body shall tenninate
and al1 obligations hereunder shaH cease.
Based upon the Florida Legislature's ongoing oversight of the rate of expenditure of
funds, and the impact on future funding if expenditures do not timely occur, the FeT requires
that the project be completed as soon as possible after project selection.
4. Extensions to this Agreement, described in Paragraph 3 above, shall not exceed 24
months from the date the Agreement was approved by the FCr, except as described in this
paragraph. In compliance with Section 380.510(f), F.S., if the project is not concluded by
October 27, 2000, the project shall only be extended if the Fer Governing Body determines that
a request for additional time to complete the project is warranted based upon FeT Recipient's
demonstration that significant progress is being made toward closing the project or that
extenuating circumstances warrant an extension of time.
5. This Agreement may be terminated before its expiration at the written request of
the FCT Recipient. Such a request sbaH fully describe the circumstances that compel the Fer
Recipient to terminate the project. A request for termination should be mailed to the offices of
the Fer at the address given in paragraph 1 above. The request for termination will be placed on
the agenda of the next regularly scheduled meeting of the FeT Governing Body for concurrence
by the Fer. The termination shall qe acknowledged by the FCr in a letter to the FCT Recipient.
Circumstances may arise that, in the analysis of the FCT, warrant termination of
the project before its completion. In such an event, the FCT will advise the FCT Recipient of its
analysis and will confer with the Fer Recipient on continuation of the project. If the Fer
Recipient concurs, a request for termination will be considered at the next regularly scheduled
meeting of the FCT Governing Body.
6. Fer Recipient agrees to make diligent efforts to submit the documentation to
Fer that is required in this Agreement as soon as is reasonably possible so that the Project Site
may be acquired in an expeditious manner. Deadlines stated in this Agreement, as well as
deadlines associated with any FCT activity relating to the project, are strictly enforced. Failure to
adhere to deadlines, whether stated in this Agreement or associated with meetings ofthe FCT
Governing Body, may result in delays in the project, may result in allocation oftime or resources
to other recipients that responded timely, and may result in this Agreement being voidable. It is
ContlngenUJoJnt AcqulsJtJonJ98~032~P8A
11/6/98
FINAL 3
--do ~~____
the responsibility of the FCr Recipient to know all project deadlines, to devise a method of
monitoring the project. and to adhere to all deadlines.
j,
,
7. The FCr Preservation 2000 award granted to the FCr Recipient will in no event
exceed the lesser of Fifty Percent (50.00%)ofthe final Total Project Costs, as defined in Rule
9K-4.002(30), F.A.C., or One Hundred Forty Thousand Five Hundred Dollars And No Cents (
$140,500.00), unless the FCr Governing Body approves a different amount, which shall be
reflected in an addendum to this Agreement.
8. The grant amount stated in paragraph 7 above is based on the FCr Recipient's
estimate of Total Project Costs in application #98-032-P8A, as well as limits on awards in the
Notice of Application Period announcing the application cycle. When disbursing funds for the
project, the FeT will recognize the actual Total Project Costs, defined in Rule 9K-4.002(30),
F.A.C., for acquisition of the Project Site. The Total Project Costs will be reflected on a grant
reconciliation statement prepared pursuant to paragraph 10 below. The FCT will participate in
the land cost at either the actual purchase price, or the Maximum Approved Purchase Price based
on appraisal reports that comply with requirements set forth in Rule 9K-6.007, F.A.C., whichever
is less, and multiplied by the percent stated in paragraph 7 above.
9. The Fcr Governing Body has given Conceptual Approval for funding to acquire
the entire Project Site identified in the FCr Recipient's application #98-032-P8A. The Fcr
Governing Body reserves the right to withdraw the FCT award if the acreage that comprises the
Project Site is reduced so that the objectives of the acquisition cannot'be achieved. Request for
modification of the boundary of the Project Site identified in the FCr Recipient's application
#98-032-P8A may be considered by the Fcr Governing Body following the procedures for
submission and review of boundary modification requests set forth in Rule 9K-4.0 lOS, F.A.C.
If the Project Site is comprised of multiple parcels, an Acquisition Plan was required in
the application. The FCr Governing Body reserves the right to withdraw the Fcr award if the
priority parcel(s), identified in the Acquisition Plan prepared pursuant to Rule 9K-4.004(5)(g),
F.A.C., included in application #98-032-P8A incorporated by reference herein and attached as
Exhibit "A," cannot be acquired. Approval of the Conceptual Approval Agreement shall
constitute approval of the Acquisition Plan by FCr.
10. The FCr funds shall be delivered either in the fann of eligible Project Costs
prepaid by FCT to vendors or in the form of a State of Florida warrant at the closing of the
Project Site, payable to the Seller or the Seller's designated agent authorized by law to receive
such payment, provided the Comptroller detennines that such Clisbursement is consistent with
good business practices and can be completed in a manner minimizing costs and risks to the State
of Florida. If the Project Site is comprised of multiple parcelsJ Fcr shall deliver at the closing of
each parcel only the share of the FCT award that corresponds to the parcel being closed. FCT
will prepare a grant reconciliation statement prior to the closing of the Project Site parcel that
will evidence the amount of local match, if any is required, provided by the FCr Recipient and
Contingent/Joint Acqulsltlon/98-032-P8A
11/6/98
FINAL 4
the portion of the FCT award that corresponds to the parcel being closed. Cash expended by the
FCT for eligible Project Costs incurred by the FCT will be recognized as part of the FeT grant
award amount on the grant reconciliation statement.
11. The FCT Recipient's local match, if any is required. shall be delivered either in the
form of eligible Project Costs prepaid to vendors by the FCT Recipient; cash; or eligible
documented donation by Seller of land value; or FCT Recipient's warrant at the closing of the
Project Site. If the Project Site is comprised ofmuliiple parcels. the FCT Recipient shaH deliver
at the closing of each parcel the share of the local match. if any is required. that corresponds to
the parcel being closed. The cash expended by the FCT Recipient for eligible Project Costs
incurred by the FCT Recipient conducting acquisition activities will be recognized as part of the
local match. if any is required. on the reconciliation statement prepared pursuant to paragraph 10
above. In the event FCT Recipient's application #98-032-P8A represents that land value is the
source of local match. if an.y is required. the value attributed to the land local match, if any is
required. shall be determined after an appraisal report that complies with the procedures and
requirements set forth in Rule 9K-6.007, F.A.C. Such appraisal report shall be subject to review
and approval by Fer prior to FCr funds being delivered for the project.
12. The Fer Governing Body adopted the Preservation 2000 Program Approved List
of Complete Applications for Series P8A Funding Cycle on May 18, 1998. at which time the
Project Site became part of a list of lands that were approved for consideration for land
acquisition. If action initiated by the FCT Recipient that is the local government having
jurisdiction over the Project Site, subsequent to May 18, 1998, results in a
governmentally-derived higher value due to an enhanced highest and best use, the Fer
acquisition activities will be tenninated unless the seller agrees that the appraisal will be done at
the highest and best use of the Project Site on or before May 18. 1998.
13. FCT Recipient hereby notifies the FCT that the following local government
employee or official is the authorized key contact, or project manager, on behalf of the FCT
Recipient for purposes of coordinating project activities for the duration of the project:
Name:
Title:
Address:
Phone: (727)
Dan Mayer
Engineer II, Project Manager
City of Clearwater, P.O. Box 4748, Clearwater, FL 33758
562-4747 Fax: (727) 562-4755
The FCT Recipient must notify the FeT as to any change in the authorization of the
key contact on behalf ofthe Fer Recipient named above. This notification must be made in
writing to the Executive Director and signed by the appropriate local government employee,
official or authorized representative named in paragraph 1l.6.d. below.
14. This Agreement may be amended at any time prior to Fcr giving Project Plan
approval to the FCr Recipient. Any amendment must be set forth in a written instrument and
ConllngenUJoJnt AcquJsJtlonl98~032-P8A
11/6/98
FINAL 5
agreed to by both the FCf Recipient and FeT. Such amendments shall become a part oethis
Agreement.
II. REQUIREMENTS THAT MUST BE MET PRIOR TO INITIATION OF
PROJECT SITE NEGOTIATION
1. The Fer Rec~pient hereby notifies the FCr that City of Clearwater
[note: elect either Fer, FCr Recipient or FCr Recipient Agent] will be the party responsible for
all negotiation and acquisition activities.
2. The FCT Recipient hereby notifies the Fcr that the FeT Recipient(s)' Federal
Employers Identification Number(s) is 59-000289
3. No later than December 15, 1998, the FCT Recipient must deliver to Fer a
written statement from the Project Site property owner(s) evidencing that the owner(s) is willing
to entertain an offer from the Fer Recipient and FCT.
4. No later than December 15, 1998, the Fer Recipient shall execute a
Confidentiality Agreement pW'Suant to Rule 9K-6.01O(S), F.A.C. A sample ora Confidentiality
Agreement is attached as Exhibit "B"; an Agreement specific to this project will be prepared by
FCT for execution by the FCT Recipient. This Confidentiality Agreement is not a part of this
Agreement and may be amended without amending this Agreement, jf Deeded.
5. By execution of this Agreement, the FCr Recipient affirms that:
a.
any is required;
the FCr Recipient is ready, willing and able to provide the local match, if
b.
#98-032-P8A;
the FCT Recipient reaffinns the representations made in FCr Application
c. the FCT Recipient shall, on the anniversary date of the approval of the
Project Plan by the FCT Governing Body, prepare and submit to FCr an annual report as
required by Rule 9K-4.013, F.A.C.;
d. the FCT Recipient authorizes the local govcrnment employec, official
or authorized representative named in this paragraph to execute all documents in
connection with this project on behalf of the FeT Recipient, including but not limited to
the Conceptual Approval Agreement or any addenda thereto, purchase agreement for the
property, grant reconciliation statemcnt, closing documents, statements submitted as a part
of tbe Project Plan, and Grant Award Agreement pursuant to Rule 9K-6.014(6), F.A.C.:
N Michael J. Roberto
ame:
ContlngenUJoint AcqulsltJon/98-032-PBA
11/6/98
FINAL 6
J'
Title: City Manager
Address: P.o. Box 4748, Clearwater, Florida 33758-4748
Phone:
(727) 562-4040
Fax:
(727) 562-4052
The Fer Recipient must notify the FCT as to any change in the authorization of the local
government employee, official or representative named in this paragraph to execute all
documents on behalf of the Fer Recipient. his notification must be made in writing to the
Executive Director and signed by the appropriate local government employee, official or
authorized representative.
III. PROJECT PLAN APPROVAL
I. Prior to closing of the real estate transaction and fmal disbursement of award
funds by Fer, the FCT Recipient must prepare a Project Plan that complies with Rule 9K-4.01I,
F.A.C. This Project Plan is a compilation ofthe following items listed below, which must be
reviewed and approved by FCr in a meeting of tile FCT Governing Body. In the event that the
FeT Recipient is a partnership, the FCT Recipient must also provide FCr with the interlocal
agreement that sets forth the relationship among the partners and the fiscal and management
responsibilities and obligations incurred by each partner for the Project Site as a part ofits
Project Plan.
The Project Plan shall include. and shall not be considered by Fer unless it includes all of the
following documents, to be reviewed and approved by FCr to ensure that the interest of the State
of Florida will be protected::
a. A purchase agreement for acquisition of the Project Site. in a form
approved by the FCT st?ffprior to being executed by the SeUer, such agreement fully
executed by both the SeDer and the FCT Recipient, that is based on an appraisal Of appraisals
prepared consistent with the requirements of Rule Chapter 9K-6, F.A.C., and otherwise
consistent with the provisions ofiliat rule chapter and in a form and with teoos that are
acceptable to FCT. (See Paragraph 1 of Section IV below.)
b. A management plan that complies with the foHowing: written according
to Exhibit "cn (FCT Technical Assistance Bul1etin #2--Writing a Management Plan), which is
attached hereto and incorporated herein by reference; acceptable to FeT; addresses the criteria
and conditions set forth in Section IV, V, VI. vn and vm hereinbelow; and. at a minimum, sets
forth how the site will be managed to further the purpose of the project, contains a description of
all planned improvements to the Project Site, identifies the costs of management and site
improvement and funding sources, and identifies the managemcut entity and its funding source.
Ifthe FeT Recipient is not the proposed managing entity, the Project Plan must also include a
ContlngenVJolnt Acqulsltlon/98-032-P8A
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FINAL 7
signed agreement between the Fer Recipient and the managing entity stating the managing
entity's willingness to manage the site, the manner in which the site win be managed to further
the purpose(s) of the project, and identification of the source of funding for management.
c. A statement of the Total Project Cost, including all non-recurring costs of
project development.
d. A statement of the amount of the award being requested from the FeT.
e. A statement from each local government in whose jurisdiction the Project
Site is located that the Project Plan is consistent with the local comprehensive plan.
f. Evidence that the conditions imposed as part of the Conceptual Approval
Agreement have been satisfied.
g. An affidavit from the Fer Recipient evidencing that after conducting a
diligent search. the FCT Recipient, to the best of its knowledge, represents that there are no
existing or pending violations of any local, state, regional and federal laws and regulations on the
Project Site.
2. The Fer strongly encourages the FeT Recipient to request a courtesy review of
its entire Project Plan, but especially its management plan, well in advance of the meeting oftbe
FeT Governing Body where the Project Plan will be considered for approval and funds will be
authorized for disbursement. As a part of its duties to the Governing Body, FeT Staffwill make
a recommendation of approval of complete and accurate Project Plans or disapproval of
incomplete or insufficient Project Plan. FeT Recipient is strongly urged to coordinate with the
FeT staffin order that the FCT review of the management plan coincides with both the
anticipated FCT Governing Body approval and the closing date of the real estate transaction(s)
associated with the project.
3. Pursuant to 9K-4.011(2)(f), F.A.C., FCT shaH withhold Project Plan approval if
the local comprehensive plan(s) of the FCT Recipient or the FeT Recipient's partner is, for any
reason, found not in compliance by the Department after conceptual approval has been granted
by FCT, unless the FCr Recipient has executed a Compliance Agreement (fonnerly called a
stipulated settlement agreement) with the Department to resolve all of the issues raised by the
Department in a statement of intent to find a plan not in compliance issued pursuant to Section
163.3184(8), F .S.
4. Pursuant to Rule 9K-4.011(3), F.A.C., the FCT shall publish a Notice of Approval
for Preservation 2000 Funds in the Florida Administrative Weekly that shaUlist each Project Plan
that has received approval for funding and the amount of funding approved. Any person with a
substantial interest that is or may be detcnnined by the decision of the Fer to reject or approve
the Project Plan may request an administrative proceeding pursuant to Section 120.57, F.S.
Contingent/Joint AcqulsltlonJ98-032-P8A
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FINAL 8
within 21 days from publication of the Notice of Approval for Preservation 2000 Funds. Real
estate closjngs associated with tIle project may close only after expiration of the 21-day notice
period, so long as no requests for an administrative proceeding have been filed.
IV. PROJECT SITE ACQUISITION REQUIREMENTS IMPOSED BY CHAPTER
259, CHAPTER 37S, AND CHAPTER 380, PART III, F.S.
FeT RECIPIENT AGREES AS FOLLOWS:
1. FeT shall approve the terms under which the interest in land is acquired, pursuant
to Section 380.510(3), F.S. Such approval is deemed given when the Fcr governing body
approves and executes the purchase agreement for acquisition of the Project Site, further
described in Section m.I.a. above, to which Fer is a party.
2. Title to the Project Site shall be titled in the Fer Recipient, unless the FCr
Recipient specifically requests that title shall permanently vest in the Board ofTl1lstees of the
Internal Improvement Trust Fund (Trustees). Such request shan be subject to the approval of
Fcr and the Trustees. The FCT Recipient hereby elects that title to the Project Site shall be
vested in The City of CleRrwater (Note-insert either the name of FeT Recipient
or Board a/Trustees of Internal Improvement Trust Fund). Ifrhe Fer Recipient elects that
title shall vest in the Trustees, then all acquisition activities shall be administered by the Division
of State Lands as specified in Section 253.025, F.S., and Rule 18-1, F.A.C.
3. The transfer of title to the Fer Recipient for the Project Site shall not occur until
the requirements for the acquisition orrands, as specified in Section 380.507(11), F.S., and Rule
Chapter 9K-6~ F.A.C., have been fully complied with by the FCT Recipient and Fer.
4. Any deed whereby the FCT Recipient acquires title to the Project Site shall
contain or be subject to such covenants and restrictions as are, at a minimum, sufficient to ensure
that the use of the Project Site at all times complies with Section 375.045 and 375.051, F.S.;
Section 9, Article xn of the State Constitution; the applicable bond indenture under which the
Bonds were issued; and any provision of the Internal Revenue Code or the regulations
promulgated thereunder that pertain to tax exempt bonds and shall contain clauses providing for
the conveyance of title to the Project Site in the Board of Trustees of the Internal Improvement
Trust Fund upon failure to use the Project Site conveyed thereby for such purposes. Such
covenants and restrictions as arc described in this paragraph shall be in the fonn of a Grant
Award Agreement, prepared by FCT, executed by the parties to the Conceptual Approval
Agreement and recorded at the time of closing of the Project Site. The recordable Grant A ward
Agreement shall restate the conditions that were placed on the Project Site at the time of project
selection and initial grant approval. All statements contained in the recordable Grant Award
Agreement are contained in this Conceptual Approval Agreement, with the exception of
statements that do not survive the real estate closing of the Project Site.
ContlngenVJolnt Acquisltlon/98-032-P8A
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FINAL 9
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,.
S. The Grant Award Agreement containing such covenants and restrictions as
referenced in paragraph 4 above and describing the real property subject to the Agreement shall
be executed by the Fer and FCT Recipient at the time of the conveyance of the Project Site and
shall be recorded in the county in which the Project Site is located.
6. Ifany essential term or condition of the Grant Award Agreement is violated, and
the FCT Recipient does not correct the violation within 30 days ofwrit1en notice ofviolationt
title to all interest in the Project Site shall be conveyed to the Board of Trustees of the Internal
Improvement Trust Fund. The deed transferring title to the Project Site to the FeT Recipient
shaH set forth the executory interest of the Board ofTrustces of the Internal Improvement Trust
Fund. .
7. The interest acquired by the FCT Recipient in the Project Site shall not SCIVe as
security for any debt of the FeT Recipient.
8. If the existence of the FeT Recipient terminates for any reason, title to all interest
in real property it has acquired with the Fer award shall be conveyed or revert to the Board of
Trustees of the Internal Improvement Trost Fund, unless Fer negotiates an agreement with
another local government or nonprofit organization which agrees to accept title to aU interest in
and to manage the Project Site.
9. The Project Site shall be managed only for the conservation, protection and
enhancement of natural resources and for public outdoor recreation that is compatible with the
conservation, protection and enhancement of the Project Site, along with other related uses
necessary for the accomplishment of this purpose. The proposed uses for the Project Site must
be specifically designated in the management plan approved by the Fer as a part oftbe Project
Plan.
V. OBLIGATIONS OF THE FCT RECIPIENT AS A CONDITION OF PROJECT
FUNDING
1. Following the acquisition of the Project Site, the Fer Recipient shall ensure that
the future land use designation assigned to the Project Site is for a categOI)' dedicated to open
space, conservation, or outdoor recreation uses as appropriate. If an amendment to the Fcr
Recipient's comprehensive plan is required) the amendment shall be proposed at the next
comprehensive plan amendment cycle available to the Fcr Recipient subsequent to the Project
Site's acquisition.
2. FCT Recipient shaH ensure, and provide evidence thereof to FeT, that aU
activities under this Agreement comply with all applicable local, state, regional and federal laws
and regulations, including zoning ordinances and the applicable adopted and approved
Contingent/Joint Acqufsltlon/98-032-P8A
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FINAL 10
comprehensive plan. Evidence shall be provided to FCT that all required licenses and pennits
have been obtained prior to the commencement of any construction.
3. The Fcr Recipient shall. through its agents and employees, prevent the
unauthorized use oCthe Project Site or any use thereof not in confonnity with tbe management
plan approved by the FCr as a part of the Project Plan.
4. FCT staff or its duly authorized representatives shall have the right at any time to
inspect the Project Site and the operations of the FCr Recipient at the Project Site.
5. All buildings. structures, improvements, and signs shall require the prior written
approval ofFCT as to purpose. Further. tree removal, other than non-native species, and major
land alterations shall require the written approval of FCT. The approvals required from Fer
shall not be unreasonably withheld by Fer upon sufficient demonstration that the proposed
structures, buildings. improvements, signs, vegetation removal or land alterations will not
adversely impact the natural resources of the Project Site. The approval by FCr of the Fer
Recipient's management plan addressing the items mentioned herein shaH be considered written
approval from FCr. '
VI. OBLIGATIONS OF THE FCT RECIPIENT RELATING TO THE USE OF BOND
PROCEEDS
1. FCT is authorized by Sections 375.045(4) and 380.510(7)(a) and (b), F.S., to
impose conditions for funding on FCr Recipient in order to ensure that the project complies with
the requirements for the use of Preservation 2000 Bond proceeds including without limitation the
provisions of the Internal Revenue Code and the regulations promulgated thereunder as the same
pertain to tax exempt bonds.
2. If the Project Site is to remain subject, after its acquisitio.n by the Fer Recipient
and/or the Trustees, to any of the below listed transactions. events, and circumstances, the Fer
Recipient shall provide at least 60 days advance written notice of any such transactions. events.
and circumstances to Fer, and shall provide to Fcr such infoffilation with respect thereto as
FCr reasonably requests in order to evaluate the legal and tax consequences of such activity or
interest. Fer Recipient agrees and acknowledges that the following transactions, events, and
circumstances may be disallowed on the Project Site as they may have negative legal and tax
consequences under Florida law and federal income tax Jaw. The Fey Recipient further agrees
and acknowledges that the following transactions, events, and circumstances may be allowed up
to a certain extent based on guidelines or tests outlined in the Federal Private Activity regulations
of the Internal Revenue Service:
a. any sale or lease of any interest in the Project Site to any person or
organization;
Contingent/Joint Acqulsltion/98-032-P8A
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FINAL 11
, ~'. -N.'~
OIl
b. the operation of any concession on the Project Site by any person or
organization;
c. any sales contract or option to buy things attached to the Project Site to be
severed from the Project Site. with any person or organization;
d. any use of the Project Site by any person other than in such person's
capacity as a member of the general public;
e. any change in the character or use of the Project Site from that use
expected at the date of the issuance of any series of bonds from which the disbursement is to be
made;
f. a management contract of the Project Site with any person or organization;
'or
g. such other activity or interest as may be specified from time to time in
writing by FCT to the PCT Recipient.
The foregoing are collectively referred to as the IIDisallowable Activities.n
VII. DISALLOW ABLE ACTIVITIESIREl\1EDIES
In the event that peT detennines at any time or from time to time that the FCT Recipient
is engaging or allowing others to engage in Disallowable Activities on the Project Site. the FCT
Recipient agrees to immediately cease or cause the cessation of the DisaHowable Activity upon
receipt of written notice from the FCT. To the extent allowed by law, FCT Recipient hereby
indemnifies and agrees to hold FeT harmless from all claims, causes of action or damages of any
nature whatsoever arising from or with respect to DisalJowable Activities on the Project Site.
Nothing herein shall be deemed a waiver of the FCT Recipient's sovereign immunity. In addition
to all other rights and remedies at law or in equity. Fer shall have the right to temporary and
permanent injunctions against FCT Recipient for any Disallowable Activity on the Project Site.
DELEGATIONS AND CONTRACTUAL ARRANGEMENTS BETWEEN THE Fer
RECIPIENT AND OTHER GOVERNMENTAL BODIES, NOT FOR PROFIT ENTITlES, OR
NON GOVERNMENTAL PERSONS FOR USE OR MANAGEMENT OF THE PROJECT
SITE WILL IN NO WAY RELIEVE THE FCT RECIPIENT OF TI'iE RESPONSIBILITY TO
ENSURE THAT THE CONDITIONS IMPOSED HEREIN ON THE PROJECT SITE AS A
RESULT OF UTILIZING BOND PROCEEDS TO ACQUIRE THE PROJECT SITE ARE
FULLY COMPLIED Wn'H BY THE CONTRACTING PARTY.
Contingent/Joint AcquJsltlon/98~032MP8A
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FINAL 12
VIII. CONDITIONS PARTICULAR TO THE PROJECT SITE THAT MUST BE
ADDRESSED IN THE MANAGEMENT PLAN
The management plan for the Project Site is mentioned throughout this Agreement) and is
particularly described in Paragraph l.b. of Section ill above. In addition to the various
conditions already described in this Agreement, which apply to all sites acquired with Fcr funds,
the management plan shall address the following conditions that are particular to the Project Site
and result from either representations made in the application that received scoring points or
observations made by the FCT staff during the site visit described in Rule 9K-4.0 10(2)(f),
F.A.C.:
I. Outdoor recreational facilities including nature trails, boardwalks, and observation/fishing
pier shall be provided. The facilities shall be developed in a manner that allows the general
public reasonable access for observation and appreciation of the natural resources on the Project
Site without causing hann to those resources.
2. A pennanent recognition sign shall be maintained in the entrance area of the Project Site.
The sign shall acknowledge that the Project Site is open to the publie and was purchased with
funds from the Florida Communities Trust Preservation 2000 Program and the Recipient. Such
recognition shall also be included in all printed literature and advertising associated with the
Project Site.
3. Regularly scheduled and ongoing educational programs that promote the protection of
natural resources shall be provided at the Project Site.
4. A survey of plant species on the Project Site shall be conducted. The survey shall be used
during development of the site to ensure the protection, restoration, and preservation of the
natural resources on the Project Site.
5. The vegetative communities that occur on the Project Site shall be preserved and
appropriately managed to ensure the long-term viability of these communities.
6. The Project Site shall be managed in a manner that protects and enlJances habitat for
listed wildlife species that utilize or could potentially utilize the Project Site, including gopher
tortoises and listed wading birds. The development of the management plan shall be coordinate
witb the Game and Fresh Water Fish Commjssion to ensure the protection of listed species and
listed species habitat. Periodic surveys shall be conducted oflisted species using the Project Site.
Infonnational signs relating to the protection of listed animal species and their habitat shall be
installed on the Project Site.
7. A vegetation analysis of the Project Site shall be perfonned to determine which areas of
the Project Site need a prescribed burning regime implemented to maintain natural fire-dependent
Contingent/Joint Acqulsltlon/98-032-P8A
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FINAL 13
. 0..
.-.--..........-~..-. '.
,.
vegetative communities. Coordinate with Division of Forestry and Game and Fresh Water Fish
Commission on the development of a prescribed bum plan for the Project Site. A fire line shan
be provided along the boundary of the Project Site that interfaces residential developments.
8. A program shall be implemented to enhance the water quality and ecological function of
the borrow pit on the Project Site. Strategies shall be implemented that improve water quality
and wildlife habitat. including shallowing the borrow pit. reducing the slope orthe shoreline,
creating pools along the shoreHne, removing invasive exotics, and replanting the shoreline with
native vegetation.
9. A stormwater management plan shall be developed and implemented to improve the
quality of water entering Oyster Creek through the project site. The plan shall address
stormwater runofffrom the adjacent road systems, highschool athletic fields and parking arc~
and the adjacent stormwater holding pond to the north of the Project Site. The FCT Recipient
shall coordinate with the Southwest Florida Water Management District on the design and
implementation of the stonnwater management plan for the Project Site.
10. An ongoing monitoring and control program for invasive vegetation including exotic
(non-native) and nuisance native plant species shall be implemented at the Project Site. The
objective of the control program shall be the elimination ofinvasive exotic plant species and the
maintenance of a diverse association of native vegetation. The FCT Recipient shall reference the
Exotic Pest Plant Council's List of Florida's Most Invasive Species to assist in identifying
invasive exotics on the Project Site.
11. A feral animal removal program shall be developed and implemented for dogs, cats,
ducks, hogs. and other non-natiVe wildlife tbat may be found on the Project Site.
12. Prior to the commencement of any proposed development activities. measures will be
taken to detennine the presence of any archaeological sites. All planned activities involving
known archaeofogicaI sites or p'otential site areas shall be closely coordinated with the
Department of Statet Division of Historical Resources in order to prevent the disturbance of
significant sites.
13. Coordinate with the Charlotte County School board on the possibility of sharing the
parking arca at Lemon Bay High School to provide parking for public access to the Project Site.
If shared parking with the Lemon Bay High School cannot be worked outt the location and
design of the parking facility shall be done in a manner to have minimal impacts on natural and
cultural resources and shall incorporate pervious material wherever feasible.
14. Pedestrian and bicycle access to the Project Site shall be promoted as an alternative to
automobile transportation by providing pedestrian walkways and bicycle parking stands.
1 S. The Project Site shall be incorporated into the overall management program for the
..... I' "," ':, I . if
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Lemon Bay greenway and wildlife corridor and shall be protected and managed
as part of linked conservation and recreational lands.
;0
I
16. The requirements imposed by other grant program funds that may be
sought by the FeT Recipient for activities associated with the Project Site
shall not conflict with the terms and conditions of the FCT award.
This Agreement including Exhibits "A", "8" and "c" embodies the
entire agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Agreement.
CITY OF CLEARWATER, FLORIDA
FLORIDA COMMUNITIES TRUST
By:
Rita Garvey
Mayor-Commissioner
By:
James F. Murley
Chair
By:
Michael J. Roberto
City Manager
Date:
Date:
Approved as to form:
Approved as to form:
John Carassas
Assistant City Attorney
Ann J. Wild
Trust Counsel
Attest:
Cynthia E. Goudeau
City Clerk
'<.r__'~ __~;.____.....~.:. .:. '.\~lr"-U....,..JH~..
.1
Exhibit B"
Contract~o: 99-CT-7W-98-8A-NI-032
FCT Project No: ~H:l-O]:.!-PHA
CONFIDENTIALITY AGREEMENT
This is a Confidentiality Agreement ("Agreement") pursuant to Rule 91(..6.010(5), Florida
Adminis~tive Code (F.A.C.).
Parties to the Confide~tiality Agreement: Ci ty of Clearwater ("FCT
Recipient"), a City within the State of Florida, and the Florida Communities Trust ("FCT"),
a nonregulatory agency within tbe Department of Community Affairs.
Parcels Covered by this Agreement: This Agreement covers aU parcels identified as part of the
Project Site in FCT application 98-032-P84hat was selected for funding and is governed by a
Conceptual Approval Agreement for FCT Project Number ~("Project Site").
*98-032-P8A
Confidentiality:
a) Pursuant to Rule 9K.6.002(l7), F.A.C., the term tlConfidential" refers to infonnation that
shall not be available for public disclosure or inspection and is exempt from the provisions of
Section 119.07(1), Florida Statutes (F.S.). '
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.
b) The FCI' Recipient and its agents shall maintain the confidentiality of all appmisals,
offers, and counteroffers as required by Section 125.355(1)(a), F.S., for counties, or Sectioo
1 66.045(1)(a), F.S., for municipalities, and Rule Chapter 9K-6, F.A.C. The FCr Recipient may
disclose such confidential infonnatlon only to the individuals listed herein below.
c) Requests to add persons to the disclosure list must be made in writing and the Fer
Recipient must receive the written consent of the FCT Executive Director and execute an
Addendum to the Agreement. All confidentiality requirements outlined above shall apply to
individuals added to the list.
d) The undersigned board members and staff of the FCf Recipient ("FCr Recipient") and
its agents, if any, agree to maintain the confidentiality of appraisal infonnatioD, offers and
counter-offers concerning FCT Project Number 98-032-8.P.rs required by Section 125.355 (1)(a),
F.S., for counties, or Section 166.045 (l)(A), F.S., for municipalities, and Rule Chapter 9K-6,
F.A.C., and by this Confidentiality Agreement between the Fcr Recipient and FCf.
e) The undersigned certifY that they have no legal or beneficial interest in the Project Site.
Date FCr Recipient Board Member
Staff or Agent Dame
Signature
Michael J. Roberto
FCT RECIPIENT
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By:
(Name) Michael J. Roberto
n~' .City Manager
Date:
Approved as to Form and Legality:
By:
Pamela K. Akin
City Attorney
FLORIDA COMMUNITIES TRUST
By:
Anne Peery, Executive Director.
Date:
Approved as to'Form and Legality:
By:
Trost Counsel
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By:
By:
Rita Garvey
Mayor-Commissioner
Date:
Attest:
Cynthia E. Goudeau
City Clerk
,
"Exhibit en
Writing a Management Plan
FLORIDA COl\1MUNITIES TRUST
Preservation 2000 Program ,
Technical Assistance Bulletin: 02 -- Revised 10/98
This bulletin provides guidance for preparing the management plan required in Rule 9KM4.011 (l)(b),
Florida Administrative Code, and Section III b. of the Conceptual Approval Agreement (eM). Rule
9K-4.011(1)(b) states that a management plan must set forth the following: 1) how the site will be
managed to further the purpose of the project; 2) a description of planned improvements to.the Project
Site; 3) the costs and funding sources; and 4) the management entity and its funding source.
The eM contains conditions related to management under various sections of the agreement. An of
the conditions in Section VIII are site specific and relate directly to management and must be
incorporated into the Management Plan. Review the entire CAA for requirements contained in the
CAA that have relevance to site management.
The conceptual management plan that was submitted as part of the Florida Communities Trust (Fel)
grant applic:.r.tion provides a foundation for writing the management plan. Other materials and
infonnation gathered for the application can and should be reflected in the plan where appropriate.
Commitments made in the application and reinforced by conditions of the grant funding must be
reflected in the management plan.
Use the best available infonnation about the site's natural features and proposed future uses. Like all
futureMoriented planning efforts, the level of detail of the management plan may be impacted by
difficulties associated with obtaining sufficient information on which to base management decisions.
If sufficient information is not available, the management plan should identify how and when
necessary infom1ation will be obtained.
FORMAT
Follow the recommended outline described below in fonnatting the management plan. Include a
title page that contains the project name, FCT project number and date of preparation of the
management plan. Include a table of contents and numbered pages. Label and properly reference
all exhibits, attachments and appendices in the plan.
I. INTRODUCTION
Provides a good summary of the project and management objectives to a firsHime reader.
Provide the project name and location of the project site. Discuss any historical jnformation
relevant to site management. Provide a brief summary of the contents of the management plan.
1
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Provide a statement acknowledging that grant funding from FCTwas used to acquire the Project
Site and the management plan was developed to ensure that the Project Site will be developed in
accordance with the Grant Award Agreement and in furtherance of the purpose of the grant
application.
II. PURPOSE OF THE PROJECT
Discuss the purpose(s) for acquiring the project site and proposed future uses consistent with
statements made in the application or proposal. Include a provision that the project site will be
managed only for consclVationt protection and enhancement of natural resources and for public
outdoor recreation that is compatible with the conservation, protection and enhancement of the
project site.
Include a prioritized Jist of key management objectives for the site.
Summarize the key comprehensive plan directives that will be furthered by acquisition and
management of the site, as proposed in the original FCT application. Provide a numeric citation
for each comprehensive plan directive cited.
Include a provision to amend the land use designation of the site to conservation, outdoor
recreation, open space, or other similar category within one year after acquisition. Include a
commitment to 'amend the zoning map to be consistent with the amended future land use
designation for the project site.
Include a provision that ensures that the Project Site is identified in all signs, literature, and
advertising as being publicly owned and operated as a natural conservation area, outdoor
recreation area or other appropriate descriptive language and that the project site was acquired
with funds from the Florida Conununities Trust Preservation 2000 Program.
III. SITE DEVELOPMENT
Physical Improvements: List and describe all existing and proposed site improvements.
Include the placement of an entrance sign identifYing the project site as being open to the public
and purchased with funds from the Florida Communities Trust Preservation 2000 Program, the
Recipient, if the Recipient provided a match, and other contributors, ifany.
Consider providing bike paths to the site and bike racks at the site to provide an alternative to
automobile transportation to the project site.
Provide a time frame for implementing and completing all proposed improvements.
Include a commitment that access to project sites will be compatible with all applicable state and
federal construction standards, including the Americans with Disabilities Act.
Describe proposed alterations of natural and disturbed areas at the site that would be required for
2
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each of the proposed improvements. Provide an estimate on the total extent of this work in
quantifiabte terms (square feet or acres).
Briefly summarize how proposed alterations of land or vegetation at the project site will be
coordinated with the protection of listed plant and animal species with more specific details to be
provided under the Natural Resource Protection section.
Master Site Plan: The master site plan is a conceptual plan showing all existing and proposed
physical improvements and activity areas. The master site plan provides a visual depiction of the
overall development plan for the site.
Incorporate a provision for requesting written approval from the FCT before undertaking any site
alterations or physical improvements that are not addressed in the FeT-approved management
plan and shown on the master site plan.
Permits: Identify all required permits or approvals for the proposed development or restoration
work on the site. Include a statement that FCT will be notified that all required licenses and
permits have been obtained prior to the initiation of any construction on the site.
Easements, concessions, or leases: Identify existing and proposed easements, concessions, or
leases. If easements, concessions, or leases are anticipated to be granted on the project site, such
proposed arrangements need to be identified in the management plan. Easements, concessions or
Jeases may be restricted under the Internal Revenue Code. Include a statement of caution in the
management plan to future site managers regarding easements, concessions or leases.
Include a provision that the Recipient will provide 60 days prior written notice and' information to
FCT regarding any sale or lease of any interest, the operation of any concession, any sale or
option to buy things attached to the site, the granting of any management contracts, and any use
by any person other than in such person's capacity as a member of the general public.
IV. KEY MANAGEMENT ACTIVITIES
Natural resource protection: Identify the natural resources at the project site, including the type
of vegetative cOrnn1unities on the site, and significant natural resources, i.e., waterbodies or other
public lands, adjacent to the site. Describe the general quality, size, and composition of any
vegetative communities located on the site. Describe the general water quality of anyon-site or
adjacent waterbodies. Identify and discuss any degraded areas on the project site, such as fire
dependent communities that have not been burned recently or areas that have been cleared,
invaded by exotic pest plants, ditched and drained, filled, etc.
Identify management techniques to protect and enhance the resources on the project site.
Management techniques such as the following may be applicable to the project site:
baseline SUlVCy of plant and animal species;
protection plan for listed plant and animal species;
3.
protection and enhancement plan for native vegetative communities;
protection plan for surface water and groundwater quality;
provisions to periodically monitor the sire to insure the continued viability of vegetative
.communities, plant species and animal species found on the site and to control invasive
exotic vegetation;
procedure for forwarding survey infonnation on the occurrence of listed plant and
animal species to the Florida Natural Areas Inventory;
specific details on how proposed alterations and devetopment activities on the project
site will be coordinated with the protection of vegetative communities and listed plant
and animal species;
coordinating the dra~ling of a prescribed Bum Plan with the Division of Forestry and
developing an outreach program to inform residents of the area of the benefits of
prescribed bums.
Provide time frames for initiating and completing the various surveys and protection and
enhancement plans a month and year fonnat.
Resource restoration and enhancement: Ide~tify the primary components of the project site
enhancement and restoration effort, if any. Discuss the restoration and enhancement techniques to
be used on the project site. Locate on the Master Site Plan or another map all areas of the site to
be restored or enhanced and the approximate acreage figure for each area.
Provide a detailed discussion on the restoration of the various wetland and upland communities in
tenns of biological composition and ecological function, if appropriate.
Discuss the removal of invasive exotic vegetation on the site, if appropriate. Include a program
to monitor the site to prevent reinfestation by exotic vegetation.
Discuss actions needed to restore the natural hydrology of the project site or mitigate the impacts
of stormwater runoff from the site, if appropriate.
Include a provision to control feral animals (hogs. dogs) cats, etc.) on the site) if appropriate.
Include monitoring programs to insure success of the resource and enhancement activities.
Provide a time frame for initiating and completing the various restoration and enhancement
activities in a monrh and year fonnat.
Archaeological and historical resource protection: Identify any archaeological or historical
sites on the project site and the primary components of managing the archeological or historical
sites, if applicable.
4
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Include procedures to protect archeological or historical sites that may be identified in the future
by including a provision that if any archaeological and historic resources arc discovered at the
project site, the Recipient shall immediately contact and coordinate with the Division of Historical
Resources, Florida Department of State, to assess the archaeological and historic resources of the
find.
En,'ironmcntal Education Program: Describe the regularly scheduled and ongoing
environmental education programs to be offered at the project site, if applicable. Discuss the
types of programs offered, the frequency of programs (after school, monthly, summer, etc.), the
target groups, and the group responsible for developing and leading the program. Provide a time
frame for developing and initiating the programs in a month and year format.
Greenway Management: If the project is part ofa greenway network, discuss how the project
site will further the local grcenway network and how management ofthe site will be integrated
into the overall management of the greenway network. Describe the coordination efforts among
other local, regional and state agencies to protect natural resources and manage the greenway
network. Provide a map showing the relationship of the project site and other parcels that
comprise the greenway network.
Coordination: Explain how the management of the site will be coordinated with adjacent land
owners and other resource protection agencies.
Include provisions to coordinate with other agencies for appropriate guidance, recommendations,
and necessary pennits that may be related to the project site, s!Jch as the following:
I
Florida Game and Fresh Water Fish Commission to avoid impacts to Hsted species;
Water Management District and Department of Environmental Protection to ensure that
development of the project site is done in a manner to protect or improve water quality;
Division of Forestry and the Game and Fresh Water Fish Commission on the
implementation of a prescribed bum program.
Coordination strategies should include requesting cooperating agencies to review the management
plan, conunent on the proposed development plan for the site, and assist in the development of
strategies to protect the resources on the project site.
Maintenance: IdentifY required maintenance activities, including but not limited to, trash
removal, site cleanup, and facilities upkeep. Identify the local government employees or service
contractors responsible for all aspects of property maintenance.
Security: Identify the parties responsible for security at the project site. Identify the measures
and design features to be employed to protect the site and the public from vandalism, theft or
assault, such as fencing, locked gate, park rangers, police patrols, etc. Consider including a
security/emergency plan of action that identifies key individuals.
5
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11-. ~f
Staffing: Identify the expected staffing requirements for management of the project site,
including both pennancnt and volunteer staff.
".1
v. COST ESTIMATE AND FUNDING SOURCE
Estimate the costs associated with implementation of the management plan, including a11 proposed
improvements (trails. boardwalks, parking, restrooms, etc.), resource restoration and enhancement
activities, and other key management activities (required surveys, education programs, etc.).
Identify all funding sources ~ssociated with the implementation of the management plan.
VI. PRIORITY SCHEDULE
Discuss the proposed time lines for implementing the development and management activities of
the management plan based on established priorities and the availability of funds. Provide a
graphic display of the implementation time lines. Use calendar dares (month and year) in defining
the implementation time line.
VII. MONITORING
Identify procedures for assessing progress in achieving goals in the management plan, such as the
percentage of property restored, inventory of species using the project site, etc. Identify
procedures for periodic amendment"ofthe management plan by the Recipient, with provision for
approval by the FCT. when appropriate. Include a provision acknowledging responsibility for
preparing an annual stewardship report to the Fer, due on the anniversary date on which the
Project Plan was approved by FCT.
EXHIBITS:
The exhibits to the management plan should be appropriately located in the management plan in
the place that contributes to the best understanding the management plan. Exhibits may include a
location map, boundary map, vegetative maps and surveys. master site plan, estimated
development costtable, and implementation time line graph, and any other exhibit that supports
the plan.
APPENDIX:
The appendix should be placed at the very end ofthe management plan document. The appendix
should contain a copy of the Conceptual Approval Agreement, the FNAI notification form, the
Exotic Pest Plant Council's List of Florida's Most Invasive Species. The recorded deed and Grant
Award Agreement should be included when they become available.
The Florida Communities Trust
2555 Shumard Oak Boulevard
Tallahassee, FL 32399-2100
phone 850/922-2207 (SunCom 292-2207)
fax 850/921-1747
6
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item II:
Final Agenda Item II
3d--
Meeting Date: 12/10/98
SUBJECT/RECOMMENDATION: Award a contract for Hillcrest Storm Pipe n.eplnccmcnt (98MOI54-EN))
to SUN COAST EXCA VA TING & UTiLITIES, INC. ofOZONA, FLORIDA for the sum of$23,545.50 which is
the lowest responsible bid received in accordance with the plans and specifications.
~ and that the appropriate officials be authorlzed to execute same.
SUMMARY:
· The work to be performed under this contract is the placement of approximately 125 feet of 27 inch
1.0. Spirolite High Density Polyetheylene Class 160 Pipe Liner to be placed inside an existing 36 inch
deteriorated corrugated metal pipe. The liner is grouted inside the old storm line and a concrete
headwall is to be constructed at discharge point on Stevenson's Creek.
· 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 bands will be provided by a
loan from the consolidated cash pool. .
· This project will start on or about December 21, 1998 and will be completed within 30 calendar
days.
Revlowed by:
Legal ge .-
Budget ~
Purchasing -4.
Risk Mgmt N/A
Info Srvc
Public Works
DCM/ACM
Finance
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Originating Oept:
Public Works Adml I
User Dapt.
Public Works Ad
Costs $23.545.50
Total
Current FY X
Funding Source:
Cl X
OP
Other
Attachments
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Submitted by: YVI ::r 0 L~
City Manager 1 I .... 1'- ~
o None
Appropriation Code:
375-96124-563700-539-000
Rev. 2/98 Hillcrest Storm Pipe Repl.
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item II:
Final Agenda Item II 3 :3
Meeting Date: 12/10/98
SUBJECT/RECOMMENDATION: Award a contract for Madison Avenue/Gould Street Roadway
Improvements (98-0158-ED) to SUNCOAST DEVELOPMENT OF PINELLAS COUNTY, INC. of
ODESSA, FLORIDA for the sum of $265,871.43 which is the lowest responsible bid received in accordance with
the plans and specifications, and; award a contract to PBS&J ConsCl1Iction Services, Inc. of Tampa, Florida, to
p~vide construction engineering and inspection services for the sum of $67,149.54 for a total project sum
$333,020.97
[gJ and that the appropriate officials be authorized to execute same.
SUMMARY:
. Earlier this year, the City of Clearwater entered into a Development Agreement with
Information Management Resources, Inc. to facilitate and expedite the construction of the
IMR Global Center on the former City Hall Annex property. As part of this development
agreement, the City agreed to perform certain infrastructure improvements to the road and
drainage systems serving the proposed IMR Global Center project. The award of this
Contract to Suncoast Development of Pinellas County, Inc. will accomplish the following
heretofore agreed upon infrastructure improvements:
. Madison Avenue - Widen to three (3) lanes with curb and gutter, from Cleveland Street to
Gould Street.
. Gould Street - Widen to three (3) lanes with curb and gutter, from Missouri Avenue to
Madison Avenue.
. Excavate the stormwater retention ponds required for the IMR Global Center SWFWMD
stormwater permit.
. PBS&J Construction Services, Inc. will provide construction engineering and construction
inspection.
. This project will start on or about December 14, 1998 and will be completed within 120
calendar days.
Reviewed by:
legal ~ Inlo Srvc
Budget ~/~UbIiC Works
Purchasi DCM/ACM
*
Risk Mgmt N/A Other
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Originating Dept:
PubHc Works Admlnl
User Dcpt.
Publtc Works Ad
Attachments
Costs $333,020.97
Total
Funding Source:
Current FY X CI X
OP
Other
Submlttod by: 1
City Manager
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ApproprIation Code:
315-94765-563700-552-000
Rllv. 2/98 MDdlGon. Gould Roadwav Improvements.
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Glen Bahnitk .
" (813) 562-4755
MADISON A VE./GOlJLD STREET ROADWAY IMPROVEMENTS
November 30, 1998
6. including this cover sheet.
Attached is a scope and (X)st proposal for your review.
lfyou have any questions or need other information please let roc know.
I have put the Feden! wage determination act, MBE-WBE and EEO monitoring under work not
included in this propo:sa1. Should the City need this included PBS&J would be willing to. we
would only need to adjust the csti:mate to ilx;ludc it.
ThIDi you for the opponunity to bid on doing work for you.
roJrn@mnwrnrm
UUl NOV j 0 008 l~
CITY Of CLEARWATER
PUBLIC WORKS ADMINISTRATION
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SCOPE OF CONSTRtJCJ10N OBSBRVATION SERVICES
TO DB PBRFOllMED BY PBS4.1 CONSTRUCTION SERVICES. INC.
DURING THE CONSTRUcnON OF
MADISON A VE.lGOULD STREET ROADWAY IMPROVEMENTS
1.0 PURPOSE.: This statement of work describes and defines the services which are
required for construction observation of the constnu:tion project listed below:
MADISON AVE./GOULD STREET 1l0ADW ^ Y IMPROVEMENTS
Coatnct No 9a-G1.5J..ENG
2.0 SCOPE: 1bc CONSTRUcnON MANAGER sbaIl be rcsponsiblc for constrUction
Obse:rvatiOD as defmed in th.is Scope of Services. The CONSTRVCfION
MANAGER shall utilize effective control procedures so that the construction of the
project is performed ill substantial c:onformity with the plans, specifications and
cootract provisioos.
The CONSTRUCTION MANAGER sbaIJ. provide ~ca1 and ~mi'listrativc
pcnamd in appropriate numbers at the proper times to carry out the responsibilities
wiped UDda this A~. AU services sba1l be performed in accordaDce with
Ibe es1abIisbcd StAndard procedures and pr:8dices of the City. Prior to furnish'", any
services, the CONSTRUCTION MANAGER sIWl be familiar with those standard
proccdurc:s and practices.
In MItr to allow sufficient time for the CONSTRUCI'lON MANAGER to schedule
his activities, the City will provide the CONSTRUCllON MANAGER 20 calendar
days advance notice of the execution date of the construction contract.
3.0 REQUIREMENTS: It shaJl be the responsibility of the CONSTRUCTION
MANAGER to provide SClVices as neccssaJ)' to the coostruction contract to ensure
that tbc pojea is constructed in substantial conformity with the plans, 5pC(:ificatiODS
and contract provisions.
1be CONSlRUcnON MANAGER shall observe the Contractor during the various
opcntions ~unncd to wiIDess that the materials and methods used by the Contractor
conform. to the specifications of the contract and dcsig1'lIted notes on the plans. The
CONSTRUcnON MANAGER. shall advise the City of any omissions, substitutions,
dcfCCl$ AD4 dcU:iaJcics .oou:d in the work of tile ContractOr and the corrective action
Page 1 of 4
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IIkm. The llork provided by d:ae CONSTRUcnON MANAGER shall. in DO way.
relieve the Contractor of responsibility for the satisfactory performance of the
coo.suuaioo coottacts.
In conjunction with the fuIfi1lWg of Ibcsc n:spoosibilities. the CONSTRUcnON
MANAGER sbaJI futnish the specific savices dcsa10ed below:
a. o.dte JaspectioD: Provide senices to monitor the Contractor's OD~site construction
operatioas IDd to observe material cmcri.ug into the work 1$ required to see that the
quality of ~n~ and materials is such that the projects will be completed in
Mtsc~ coabmity with die plans, spccificatioos and other contraCt provisions. Tbc
City wiD monitor off~site activities and fabrication. The CONSTRUCTION
MANAGER s.baIl keep records of the Contractor's daily operations and significant
events tbIt affect the wort. The CONSTRUCIlON MANAGER shall. in ieoera.l.
perfonn the foUowin& observation services typical of County ptocedures, format, and
COGteIIl:
1. Maintain on . periodic basis records of all activities and events relating to the
project and a record of all work completed by the Contractor, including
quantities of pay items in conformity with City procedures and specifiCatiODS
2. Ma;ntlin a Project Diay in conformity with the City's format
3. ),tainmin a 10& of aU mataia1s enterin& into the wort.
4. Maiohtio records of all submittal dates and testing accomplished.
5. Ooce each month, prepare a comprehensive tabulation of the quantity of each
pay item satisfactorily comp]eced to date. Quantities sba1I be based on field
measurements or cak:u1atioos. Review the Contractors applications for payment
aod accompanying data and scbedules. Based upon on~site observations, the
CONSTRUcnON MANAGER sba.Il detecmiDe the amount owing to the
Contractor and recommend in writiD&" payments to the Contractor in such
tJllV'llmts; such recoDUDCDdaboo.s of payment win constitute a representation to
the City based OIl sudl obscrvaJioos and. review, that the work has progressed to
dJc point indicated aod dial, to the best of his knowJcdgef information and belief.
the qaali.ty of dae wort is in ~~ accordance with the Contract Documcots.
The CONSTRUcnON MANAGER wiD DOt be deemed to have represented that
be has made any examination to determine bow or for what purposes the
Page 2 of 4
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Camractor bas uted the monies on account of the CootrIct Price, or that otIc to
any of the Couba.;:;b-'s work, materials (X' equipment bas passed to the City free
and clear of any lien, c.taiR\S. seturlty intftUts and. encumbrances.
6. In the event that Ihc Contractor gives no<<kc, either written or vc:rbal, that he
deems certain work to be perfouned. is beyond the scope of the consuuctioo
cootract IDd be i1'1rnds to claim additiooaJ compensation, the CONSTRUCTION
MANAGER. shall maill1&in accurate cost account reccnfs of such work. These
records shall include manpower aDd cquipmcDt times and materials installed
(tempuruy or permancDt) in the portion of the work in dispute.
7. Analyze any request for time extension aod prepare a re.commen<Satioo. to lbc
City covering ICQD'IC)' of stattmcIl~ and lhc actual effect of delaying factors on
compJctioo of tbe work.
8. Maoitor tbe project to the cxtcnt necessary to dctcnnin.e whether cOllStruCtions
activities violate tile rcquircmcnts of the permi:I5. Notify the City and Contractor
of any violatioos ex potcntiJl vioJaiioos.
9. Review labotatory test reportS provided by an independent licensed testing
1abontory bired by the City fOl' the testing of component materials and
oompletcd wen iIems em ~1 coofcnn.mce with the ~ign concept of the
project aod iDfomuaOOn pen in the c:ontnlCt documents. Notify the City of test
rq>>orts whkh do not substantially ccnform to the contract documents, prepue
I writtl:n notice describing any apparent noo~orminl permanent work, make
recolDIl1CDdatioos to the City and request the Contractor to carry out the
IiCceptable corrective measures, as authorized by the City.
3.01 CONSTRUcnON SER.VICES NOT INCLUDED: The foUowing work. items
arc not included ill the CONSTRUcnON MANAGER's scope of work:
a. Applying for or sc:curinZ of any pc:nnits. Preparing or continuous monitoring of
Stonn Warer Pollution Prevention Plans associated with NPDSS permits. It shall be
tb: coo.tI'ICtX:n respons.ibility to submit his SWPPP and all other required tcpOJ15 fO(
City approval as well as \be mon.iuw:ing and reponing of compliance with the SWPPP.
Mooitoring Of preparing reports for any regutatO()' agency.
b. Acts or omissions of any Contractor, any Subcontractor, of any of the Contractor's
Page 3 of 4
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or Subcontractor's qents or employees or any other persons at the project site or'
otbcrwisc pcd'orming any of the work of the project.
c. Coa.sttuction meaDS, methods, 'I"rhniques, ~ or procedures selected by the
COJ1lt1ctOr or for any safety precautioos and proa;rams incidcfltal to the work of
a.-..b~ or fi::I' my f"aiJ:Ift oftbc CoIltrIctor to comply with any laws, ord.i.oaDces,
rUles or rep.!ations applicable to the consInIClion work or for any failure of the
Contraetor to perform the constructi.OI1 work in accordance with the Contract
Dccumc:nts.
d. Establislling ficJd locatioGs of tree barricades, limits of clearing, limits of
COOStrUCtioo. and erosion cootroI 01' the installation of these items except as othenvisc
a~ to in d1is conuact.
c. Providing profcssiooal setVia:s made nectsWY by the default of the Contractor or by
~~ti~m~~m~~~m~~~m~C~oo
Cootract.
f. Providing sc:rvices a.ftet the termination of the CODStIUc:tion phase.
g. PrepariDg to serve IS an expert witness in connection with any public bearing,
arbiIraJion proceeding or legal proceeding.
II. Issuance of stop work orders on the project.
l~ Providing survey services.
j. Review/Approval of MOT pJanslsketcbes and field setups.
k. Mooitori.Dg << nMcw of the COIUract.cn compliance with Federal wage act or minority
hiring practices, or other EEO items.
4.0 ITEMS TO BB FURNISHED BY THE CITY: The city sbaU furnish to the
ENGINEER the following items as required to complete the project:
a. Copies of any agreements effecting the work..
b. Adequate setS of contract documents and plans.
Page 4 of 4
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PREPARED BY AND RETURN TOe
EMIL C. MARQUARDT, JR., Esq.
Macfarlane Ferguson & McMullen
625 Court Street, Suite 200
Post Office Box 166~ (33757)
Clearwater, Florida 33756
3L{
EA~EMEN'1'
THIS INDENTURE is dated t e 21st day of October, 1998.
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.061 cash
in hand paid to it, the receipt of which is hereby acknowledged,
and the benefits to be derived therefrom,
MORTON PLANT HOSPITAL ASSOCIATION, INC.
323 Jeffords Street
Clearwater, FL 33756
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an
easement over, under and across the following described land, lying
and being situate in the County of PineHas, State of Florida, to
wit:
FROM THE NORTHEAST CORNER OF GOVERNMENT LOT 1, IN SECTION 21,
TOWNSHIP 29 SOUTH, RANGE 15 EAST, IN THE PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA 1 RUN NORTH B 90 05' 01 II WEST, 329.66
FEET ALONG THE SECTION LINE; THENCE SOUTH 10000'2311 WEST,
30.40 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF
JEFFORDS STREET; SAID POINT INTERSECTING WITH THE WEST RIGHT-
OF-WAY LINE OF DRUID ROAD; THENCE NORTH 89005' OP WEST,
271.00+ FEET FOR POINT OF BEGINNING; THENCE SOUTH 00C54'59"
WEST, 70.00 FEET; THENCE NORTH 75047'06" WEST, 56.52 FEET;
THENCE NORTH 00054'5911 EAST, 57.00 FEET TO THE SOUTH RIGHT-OF-
WAY OF JEFFORDS STREET; THENCE SOUTH 89005' 01" EAST, 55 . 00
FEET ALONG SAID RIGHT-OF-WAY OF JEFFORDS STREET TO THE POINT
OF ,BEGINNING.
(ALL BEING DESCRIBED AND DEPICTED IN EXHIBIT "A" ATTACHED
HERETO I
This easement is for the installation and maintenance of a
sewer lift station. The CITY OF CLEARWATER shall construct and
maintain the sewer lift station at its expense. The height of the
sewer lift station shall not exceed nine feet, six inches (9'6").
Landscaping shall be planted and maintained by the CITY OF
CLEARWATER on the perimeter of the Easement Area, which landscaping
will screen the sewer lift station from public view.
The CITY OF CLEARWATER shall have the right to enter upon the
Easement property to construct, install and maintain thereon the
sewer lift station and to inspect and maintain such sewer lift
facility from time to time.
IN WITNESS WHEREOF, the GrantQr hae sp.~ it~ hand ~nd s031 the
day and year first above written.
In the Presence of:
MOR'l'ON PLANT
ASSOCIATION, INC.
HOSPITAL
~'a( ~'bQH-
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Print Name es lf1lkf
(SEALl
President
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STATE OF FLORIDA
. COUNTY OF PINELLAS
. I HEREBY CERTIFY, that on this day personally appeared before
me, an officer duly authorized to administer oaths and take
acknowledgments, FRANK V. MURPHY, as. President of MORTON PLANT
HOSPITAL ASSOCIATION, INC., to me personally ,known or who has
produced as identifi~ation and who did
take an oath, and known to me to be the individual described in and
who executed ,the foregoing instrument and he acknowledged before me
that he executed the same for the purposes therein expressed.
, WITNESS my hand and official BC~iat ___ /'l~e/I() S ~ FL- , said
County and State, this ~ day of~ ' 1998.
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NOTE: This is not
a survey.
EXHIBIT itA"
. Utility Easement
Grantor: Morton Plant Hospital Association, Inc.
Grantee: City of Clearwater, Florida
N.E. Corner
Govt. lot 1
21-29-15
N.T.S.
N 89'05'01" W . 329.66'
~
P.O.8. ~ JEFFORDS
S 89'OS'01"u E ~ N 89'05'01" W
I 55.00' 271.00';i:
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9/12/96 AG
95102E.dwg
UTILITY EASEMENT:
From the Northeast Corner of Government Lot 1, in Section 21,
Township 29 South, Range 15 East, in the Public Records of
PineHas County, Florida; run North 89'05'01" West 329.66 feet,
along the section line; thence South 10.00'23" West, 30.40 feet,
to 0 point on the South ri9ht-of-woy line of Jeffords Street said
point intersecting with the West right-of-way line of Druid Road;
thence North 89'05'01" West, 271.00i feet for POINT OF' BEGINNING:
thence South 00'54'59" West, 70.00 feet; thence North 75.47'06"
West, 56.52 feet: thence North 00.54'59" Eost, 57.00 feet to
the South Right-ot-Woy ot Jeffords Street; thence South 89'05'01"
Eost, 55.00 feet 01009 said right-of-way of Jeffords Street to
the POINT OF BEGINNING,
...->;....C.~L" _ ~~.....:.::~:~~~(.~~;".. .,_~.c.... .
LOCATOR MAP: MORTON PLANT EASEMENT - LIFT STATION #7 3
A 2958
5 4 .3
~ ~ 2 ltIi 10
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\0
::1 40 ... 40 C>> t: 0
., ~ 211 ~ .. 12/02
.36 35 5 4- 3 2. 1 ~ 2 11 12/03 12/01
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33 ~ 8 4 12/04 II')
1215 C>>
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~ 12/05
31 N
12/15 ...
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MORTON I 1220 00
~ 12/07 12/10
!! 29 en
PLANT 8 ~
CI'l IUS 12/14 60 4
HOSPITAL 28 d IUS 9 N 12/"
SADLER ST. !f~ 1210
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24 23 22 21 20 12/13 12/12
... ~ 76*'!14
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40 ... 64
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~ 60 ~ $~ '%41
, 16 1 I14~
2 t 15 17 18 19 20 21 22 2 r--l[---'-l
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Clearwater City Commission
Agenda Cover Memorandum
Workscsslon lIem #:
Meelfng Dille:
35
~
Final Agenda Item it
5U8JECl/RECOMMEN DA liON:
Approve amendment to Chapter 33, Section 33.067 of the Code of Ordinance extending the wake zone
in Mandalay Channel north of the Memorial Causeway by approximately 600 yards, to a point marked
by Mandalay Channel Daybeacon #1 and pass Ordinance No. 6353~99 on first reading.
IBl and that the appropriate officials be authorized to execute same.
SUMMARY:
The city has received a request to extend the wake zone in Mandalay Channel north of the Memorial
Causeway by 'approximately 600 yards, to a point marked by Mandalay Channel Daybeacon #1.
By extending the wake zone in this area, it is felt by staff that vessels moored along the west side of Island
Estates will be protected from wakes by passing vessels. Approval of this request would locate the wake zone
approximately 1,500 yards north of Memorial Causeway. The new location of the wake zone is identified as
location #8A on the attached chart section.
This request was received and approval recommended by the Marine Adviso!)' Board.
Currently, the city has State of Florida wake zone permit number 90-026. The Florida Marine Patrol has
advised the city that the extension of the wake zone will be approved. After the ordinance is passed, the state
will send an amendment to the city permit.
The U.S. Coast Guard has advised the city that they have no objection to the extension of the wake zone and
the placement of the wake zone signs on Mandalay Channel Daybeacon #1 .
All other existing city wake zones remain unchanged.
I\:eviewed by: Originating Dept: Costs
: Legal ~. Info Srvc N/A Marine Tolal N/A
Budget N/A Public Works N/A User Dept. Funding Source:
Purchasing N/A DCIvVACM Current FY Cl
Marine
Risk Mgmt N/A QOl ~ Attachments or
1. OrdInance No. 6353-99 Other
" \, 2. Wake Zone chart
~ubmltted by: {h-S~ I@
:Ity Manager o None A ro rlation Code:
Printed on recycled paper Rev. 2198
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ORDINANCE NO. 6353-99
AN ORDINANCE OF TIiE orr OF CLEARWATER,
FLORID^ AMENDING CHAPTER 33. SECTION 33.067.
CODE OF ORDINANCES, RELATING TO WATERWAYS
AND VESSElS, TO AMEND DEFINED AREAS FOR SPEED
RESlRICTIONS OF VESSElS; PROVIDING AN EFFEGnVE
DATE.
BE IT ORDAINED BY lHE an COMMISSION OF TIiE
CITY OF CLEARWATER, FLORIDA:
.35
Section 1. Section 33.067 is amended to read:
Sec~ 33.067. Same-Areas defined.
(7) Slow down-minimum wake zone, north of Memorial Causeway.
All waters in the following described area are designated as a slow down - minimum wake
zone: Begin aU point approximately on the shore line at Island Estates located at 27 degrees
59 minutes 23 seconds north, 82 de~rces 49 minutes 18 seconds west, then westerly to the
easternmost point of Somerset Stremhe we5tcrnmost point of P:um Id:md N. W. (:l street)
on IsI~nd Est~tes~ then westerly to the e~ternmo5t point o!Ju~nit:l Xiln)Clearwatcr
Beach Island, then southerly along the shoreline of Clearwater Beach Island to the fixed
highway bridge at the west end of Memorial Causeway, then easterly along the bridge and
Memorial Causeway to the west shoreline of Island Way, then northeasterly along the
shoreline of Island Way to the shoreline of Island Estates, then along the shoreline of Island
Estates to the point of beginning.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON THE FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest:
John Carassas. Asst. City Attorney
Cynthia E. Goudeau, City Clerk
Ordinance No. 635J.99
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Scale 1"= 1/4 Mile
Existing Minimum Woke Zone
~
Proposed Addition To The
Existing Minimum Woke Zone
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CITY OF CLEARWATER, F" OR IDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
SLOW DOWN - MINIMUM WAKE
ClEARWATER HARBOR
ISLAND ESTATES
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Ordinance No. 6353-99
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
3<P
J~.lO.~~
Final Agenda Item #
Meeting Date:
SUBJECT/RECOMMENDA liON:
Adopt Resolution 98-61, urging the Board of County Commissioners, Pinellas County, Florida, to
establish an Idle Speed Zone adjacent to a portion of the Courtney Campbell Beach Causeway,
lEI and that the appropriate officials be authorized to execute same.
. SUMMARY:
. The waters adjacent to the Courtney Campbell Beach causeway have become a frequently used area for
motorized watercraft. The operation of motorized watercraft in proximity to the public beach creates a
danger to the public's safety. The creation of an Idle Speed Zone will ensure the safety of bathers while
still all.owing the operators of motorized watercraft ingress and egress from the shore. .
. The Board of County Commissioners of Pinellas County, Florida, has scheduled for first reading on
December 15, 1998, an Ordinance to establish an Idle Speed Zone.
. The ClealWater Police Department supports Pinellas County in the adoption of an ordinance establishing
certain Idle Speed Zones for motorized watercraft on the water adjacent to the Courtney Campbell Beach
Causeway.
Reviewed bY~'
Legal
Budget ~
Purchasing NfA
Risk Mgmt NJA
Info Srvc
Public Works
DCtvVACM
Other
NfA
NfA
Costs
Total NJA
Current FY N/A
Funding Source:
Cl
OP
Other
NfA
Attachments
Submitted by: M '" ~
City Manager f'" -l ,....
Printed on recycled paper
({{i)
Res. IJ98-61
lBlNone
A ro riation Code:N/A
Rev. 2/98
to
3~
RESOLUTION NO. 98..61
A" RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, SUPPORTING THE CLEARWATER
POLICE DEPARTMENT IN REQUESTING THAT
PINELLAS COUNTY ADOPT AN ORDINANCE TO
ESTABLISH AN IDLE SPEED ZONE FOR A
PORTION OF THE WATER ADJACENT TO THE
COURTNEY CAMPBELL BEACH CAUSEWAY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Pinellas
County, Florida, pursuant to Sections 125.01 and 327.60, Florida
Statutes, is empowered to regulate the operation of all vessels
using the waterways within the County;
WHEREAS, the Board of County Commissioners of Pinellas
County, Florida, has scheduled for first reading on December 15,
1998, an Ordinance to establish an Idle Speed Zone adjacent to a
portion of the Courtney Campbell Causeway, beginning at a
distance approximately 1,600 feet east of the Bayside Bridge
extending 2,120 feet eastward adjacent to Old Tampa Bay
extending 300 feet south of the edge of the causeway pavement;
WHEREAS, the establishment of Idle Speed Zones
prohibiting the operation of motorized watercraft, such as boats,
jet skis, and all other motorized watercraft at other than idle
speeds on a portion of the waters adjacent to the Courtney
Campbell Beach Causeway will enhance public safety; now,
therefore,
BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF CLEARWATER, FLORIDA
. Section 1. The City Commission of the City of Cleanvater requests
that the Pinellas County Commission adopt an Ordinance establishing
certain Idle Speed Zones for motorized watercraft being operated on
the water adjacent to the Courtney Campbell Beach Causeway.
Resolution No. 98-61
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.' d "ide copies o{ this
~ 'the City Clerk \~ :e~e ~o :~ounty Commission and to
esolution to the meIl:\bers.o ~,,'~~ a s is directed bY the City
,ther appropriate go"ernment o,,\C\a sa
cotnrniSsion.
section 3. 'this resolution shall tal.<.e e{{ect immediateiY upon
~
a.doption-
l'p>'SS-eU /l.NU pJ)Ol"tEU this _ daY o{ pecember. \991\.
Rita G91""ey. Mayor_CommissiOner
Attest:
J\'Pproved as to \ortn:
cynthia E. Goudeaeu .
City Clerk
Robert J. 'urette
/l.ssistaXlt City /l.ttorne<:l
Resolution No. 91\.6\
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Section 2. The City Clerk is directed to provide copies of this
resolution to the members of the Pinellas County Commission and to
, ' other appropriate government officials as is directed by the City
Commission. '
Section 3. This resolution shall take effect immediately upon
adoption.
PASSED AND ADOPTED this _ day of December. 1998.
Rita Garvey) MayorwCommissioner
Approved as to form: ,
Attest:
, ,
..P~~VlIIt-
Ro ber~ J. urette
Assistant City,Attorney
Cynthia E. Goudeaeu
City Cle~k
Resolution No. 98~61
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Meeting Date:
3~
};)'-IO-q~
Final Agenda Item #
SUBJECT/RECOMMENDATION:
Adopt Resolution 98-56, authorizing the subordination to the State of Florida Department of
Transportation of 100 square feet of an existing drainage and utility easement along the north side of
Drew Street, just east of U.S. 19,
[&J and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Florida Department of Transportation (FOOT) has requested a subordination of utility interest from the
City of 100 square feet of an existing utility and drainage easement along Drew Street (S.R. 590), just east
of u.S. 19 (S.R. 55). The FOOT requests that the City adopt a resolution to initiate the agreement process.
. The 100 square feet wi II be used for the truss support of an overhead sign.
. The City has no facilities within this 100 square feet.
. The parcel of interest will be used to facilitate transportation improvements at the Drew St./U.S. 19
interchange, and is in the best interest of the City.
. The agreement will set forth the terms and conditions under which the City and FOOT will abide,
commencing on the date the agreement is signed by both parties.
. The City will have the right to use this land for its facilities providing they are in accordance with FOOT's
current minimum standards as outlined in the Utility Accommodation Manual.
Rcvlewed by: Originating Dept: Costs
Legal ~ Info Srvc ~. Public Works Total 0
Budget N/A Public Works User Dept. Funding Source:
Purchasing ~ DCMlACM Public Works Current FY CI
Risk Mgmt N/A Other Attachmcnts OP
('"' Rcsolutlon #98.56 Othcr
Submitted by: W\. o None
City Manager ::s A ro rlation Code:
Printed on recycled paper' Rev. 2/96
,',
37
RESOLU~ION NO. 98-56
A RESOLUTION OF 'rHE CZTY OF CLEARWATER, FLORIDA,
AUTHORIZING THE SUBORDINATION TO THE STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION OF 100 SQUARE FEET OF AN
EXISTING DRAINAGE AND UTILITY EASEMENT, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the State of Florida Department of
Transportation proposes to construct or improve State Road No. 55,
Section No. 15150-2566, in Pinellas County, Florida (U.S. Hwy. 19
North at Drew Street interchange); and
"
WHEREAS, it is necessary that certain easement rights
now owned by the City of Clearwater, Florida, be subordinated to
the rights of the State of Florida Department of Transportation;
and
WHEREAS, said subordination is in the best interest of
the City; and
WHEREAS, the State of Florida Department of
Transportation has made application to said City to execute and
deliver to the State of Florida Department of Transportation a
subordination of utility interest, or interests, in favor of the
State of Florida Department of Transportation, and said request
having been duly considered.
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. That the application of the State of Florida
Department of Transportation for a subordination of a utility
interest, or interests, is for transportation purposes which are
in the public or community interest and for public welfare; that a
subordination of utility interest, or interests, in favor of the
State of Florida Department of Transportation, in the City of
Clearwater, Florida, should be drawn and executed by the City
Commission. Consideration shall be $1.00.
Section 2. A certified copy of this Resolution shall be
forwarded forthwith to the State of Florida Department of
Transportation at Tallahassee, Florida.
Section 3. This
immediately upon adoption.
resolution
shall
take
effect
Resolution No. 98-56
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PASSED, AND ADOPTED this
day' of
,
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1998.
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Rita Garvey, Mayor-Commissioner
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Approved as to form:
Attest: ,
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John Carassas.'
AssistantCity.Attor~ey
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Cynthia E. Goudeau
City Clerk
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Clearwater City Commission
Agenda Cover Memorandum
Workscssion Item II:
~~
Final Agenda /tern /I
Meeting Date:
12/10/96
SUBJECT IRECOMMENDA TION:
Approve purchase of real property known as Dimmitt Property to be used for Town Pond
Regional Retention Project, at a purchase price of $1,265,094.00.
IBl and that the appropriate officials be authorized to execute same.
SUMMARY:
· In connection with the planning for the Downtown Pond, staff has determined that parcels C1 D, and E
of the "Dimmitt Propertt should be acquired. The purchase price is $1,2651094.00, a negotiated
agreement taking into account both the appraised value and the owner1s listing price1 and equal to
$7.75 per square foot.
· Funding is to be provided from the bond proceeds as anticipated in the results of the Utility Rate Study
for the Stormwater Utility. 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 and reimbursed at the time of bond
issuance.
· The contract provides for a longer than usual due diligence period (90 days) during which the City will
have performed phase I and II environmental assessments of the property. Should environmental
contamination be found1 staff anticipates reopening negotiations with the seller.
· In addition, the contract grants to the City an option to purchase parcels A and B of the Dimmit property
(fronting on Cleveland Street). The first option period has no cost to the City and runs for 180 days
from date of executed contract for purchase of real property. The second option period would cost the
city $50,000 for an additional six months. The payment would be pro-rated should be City choose to
exercise the option during the latter period.
. Staff believes that having the option would permit the City to market the property as a redevelopment
project in conjunction with the Brownfields1 Enterprise Zone and eRA incentive package. The option
can be assigned to the CRA.
Budget c:;l&
~
Purchasing N/A
Risk Mgmt N/A
Finance \d1\J-
P~bUc Wo<ks ~. User Dopt. Funding
Public Works Admin. Source:
DCM/ACM Current 1999 CIP X
FY
Other Attachments OP
Submitted by: m -r-D
City Manager '-3 \\..
(" PrInted on recycled pllpor
2/98
Other
o None
Approprlatlon Code:
375.99125.560100.539.000
ROil.
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CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: DIMMITT CAR LEASING, INC., a Florida Corporation, herein "Seller"), of 25191 U. S.
Highway 19 North, Clearwater, Florida 34623 Phone: (721) 197-1010, and the CITY OF
CLEA.q,WATER, FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or
"City") of P. O. Box 4748, Clearwater, Florida 34618-4148, ATTENTION: Robert Keller,
Assistant City Manager, Phone: (727) 562-4040 (collectively "Parties") hereby agree that
the Seller shall sell and Buyer shall buy the following real property ("Real Property" I and
personal property ("Personalty") (collectively "Property") upon the following terms and
conditions.
filE "EF.&'EC~IVE DATE" OF THIS CONTRAC~ IS ~HE DATE OF EXECUTION BY DULY
AUTHORIZED CITY OFFICUJ.,S. TIME IS OF THE ESSENCE IN THIS CONTRACT.
'lime perioda of 5 days or less shall be computed without including
Saturday, Sunday, or national legal holidays and any time p&riod ending
on a Saturday, Sunday or natj,onal legal holiday shall be extended until
5:00 P.M. of the next business day.
. 1. PROPERfi DESCRIPTION
LEGAL DESCRIP~ION: Parcel C, 0, & E (See Exhibit A)
PERSONALTY :
NONE
1,265,094.00
2 . iUIaI.. t:'tJRCtIAS.E PRICE *. I . . . . . . . I .. . . . . . . . . . , . . . .. , .. . oil . . . 01- . . .. , . . . . . ., $
3. ~ OF PAXMENT: City of Clearwater check in u.s. funds at time
of closing ..... II . . II tJ . .. . . . . . . .. . .. . . II . . . .. , .. . II .. . . .... $
1,265,094.00
4. DETERMINATION OF PURCHASE PRICE
The Full Purchase Price as shown herein has been reached through negotiations with the
Seller by City staff through Klein & Heuchan, Inc., Realtors, acting as Agent for the
Seller. The Purchase Price is based upon an agreed value of $7.75 per square foot
multiplied by the estimated square feet included. The Purchase Price shall be adjusted by
the actual square feet included in the conveyance as determined by the survey to be
obtained by the Buyer.
S . ~IHE FOR ACCEP~ANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as
contained herein shall remain unchanged and be held unconditionally open for a period of 45
days following delivery in duplicate original to Robert Keller, Assistant City Manager of
the City of Clearwater for acceptance and approval, counter-offer, or rejection by action
of the Clearwater City Commission ("Commission"). If this agreement is accepted and
approved by the Commission, it will be executed by duly authorized City officials and
delivered to Buyer within 10 days thereafter. If a counter-offer is approved by the
Commission, it shall be delivered to Seller in writing within 10 days of such action by the
City Commission, and Seller shall have 10 days thereafter to deliver to Buyer written
notice of acceptance or rejection of such counter-offer. If written notice of acceptance
is not timely delivered, or if the counter-offer is rejected by Seller, this contract shall
thereafter be null and void in all respects. If this contract is rejected by the Commission
upon initial presentation to the Commission, this contract shall be null and void in all
respects and Buyer shall be so informed in writing within 5 days of such action.
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by
Stat~tory Warranty, Trustee's, Personal Representative's or Guardian's Deed, as appropriate
to the status of Seller, Subject only to matters contained in Paragraph 1 acceptable to
Buyer. Otherwise title shall be free of liens, easements and encumbrances of record or
known to Seller, but subject to property taxes for the year of closing; covenants,
"
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Lons and public utility easements of record; and no others provided there exists at
.9 no violation of the foregoing and none of them prevents Buyer's intended use of the
""erty. Seller warrants and represents that there is ingress and egress to the Real
Loperty sufficient for the intended use as described herein.
/
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7. TI'rLE EVIDENCE
"
Seller shall, at Seller expense and within 15 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
title 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 title 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 within which to
remove the defect (5), failing which Buyer shall have the option of either accepting the
ti tIe as it then is or withdrawing from this Contract. Seller will, if title is found
unmarketable, make diligent effort to correct defect (5) in title within the time provided
therefor, including the bringing of necessary suits.
O. SURVEY
Buyer, at Buyer'S expense, within time allowed to deliver evidence of title and to
examine same, may have Real Property surveyed and certified to the Buyer, Seller and
closing agent by a registered Florida land surveyor. If survey shows any encroachment on
Real Property, or that improvements located on Real Property encroach on setback lines,
easements, lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect. The survey shall be
performed to minimum technical standards of Chapter 61G17-6, Florida Administrative Code
and may include a description of the property under the Florida Coordinate System as
defined in Chapter 117, Florida Statutes.
9. CLOSING PLN::E 1IND DATE
[X ] Seller [ ] Buyer shall designate closing agent and this transaction shall be closed
in the offices of the designated Closing agent in Pinellas County, Florida, within 120 days
of the effective date, 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 60 days without effect upon any other term, covenant or condition contained
in this contract.
10. CLOSrNG DOCUMENTS
Seller shall furnish closing statements for the respective parties, deed, bill of sale
(if applicable), mechanic' 5 lien a ffidavi t, assignments of leases, tenant and mortgage
estoppel letters, and corrective instruments. If Seller is a corporation, Seller shall
deliver a resolution of its Board of Directors authorizing the sale and delivery of the
deed and certification by the. corporate Secretary certifying the resolution and setting
forth facts showing the conveyance conforms with the requirements of local law.
11. CLOSING EXPENSES
Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24,
Florida Statutes, shall be paid by the Seller. Seller shall also pay the costs of
recording any corrective instruments. Recordation of the deed shall be paid by Buyer.
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated
through the day before closing. Closing agent shall collect all ad valorem taxes
uncollected but due through day prior to Closing and deliver same to the Pinellas County
Tax Collector with notification to thereafter exempt the Property from taxation as provided
in Chapter 196.012 (6), Florida Statutes. I f the amount of taxes and assessments for the
current year cannot be ascertained, rates for the previous year shall be used with due
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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 any improvements that are substantially complete at time of
c~osing shall be paid in full by Seller.
13. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as
otherwise disclosed herein. If Property is intended to be rented or occupied beyond
closing, the fact and terms thereof shall be stated herein, and the tenant(s) or occupants
disclosed pursuant to Paragraph 14. Seller agrees to deliver occupancy of the Property at
time of closing unless otherwise stated herein. If occupancy is to be delivered before
closing, Buyer assumes all risk of loss to Property from date of occupancy, shall be
responsible and liable for maintenance from that date, and shall be deemed to have accepted
Property in its existing conditions as of the time of taking occupancy unless otherwise
stated herein or in separate writing.
14,. LEAS2S
Seller shall, not less than 15 days before closing, furnish to Buyer copies of all
written leases and estoppel letters from each tenant specifying the nature and duration of
the tenantts occupancy, rental rates, advanced rent and security deposits paid by tenant.
If Seller is unable to obtain such letter from each tenant, the same information shall be
furnished by Seller to Buyer within that time period in the form of a Seller's affidavit,
and Buyer may thereafter contact tenants to confirm such information. Seller shall, at
closing, deliver and assign all original leases to Buyer and credit Buyer with all advanced
rents and security deposits paid by or on behalf of each tenant.
15. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is"
condition, ordinary wear and tear excepted, and shall maintain the landscaping and grounds
in a comparable condition. Seller makes no warranties other than is disclosed herein in
Paragraph 22 ("SELLER WARRANTIES") and marketabili ty of title. Buyer's covenant to
purchase the Property "as isu is more specifically represented in either subparagraph 1. a.
or b. as marked [Xl.
a. [ l As Is: Buyer has inspected the Property or waives any right to inspect and
accepts the Property in its present Nas is" condition.
b. [X l As Is With Right of Inspection: Buyer may, at Buyer expense and within 90 days
following the Effective Date (" Inspection Period tt) , conduct inspections, test s,
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, upor. reasonable notice,
provide utilities services as may be required for Buyer's inspections and investigations.
Buyer shall not engage in any activity that could result in a mechanics lien being filed
against the Property without Seller's prior written consent. Buyer may terminate this
contract by written notice to Seller prior to expiration of the Inspection Period if the
inspections and/or investigations reveal conditions which are reasonably unsatiSfactory to
Buyer, unless Seller elects to repair or otherwise remedy such conditions to Buyer
satisfaction; or Buyer, at its option, may elect to accept a credit at closing of the total
estimated repair costs as determined by a licensed general contractor of Buyerts selection
and expense. 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-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to
closing, Buyer may conduct a final "walk-throughtt inspection of the Property to determine
compliance with any Buyer obligations under Paragraphs Band 15 and to insure that all
Property is in and on the premises. No new issues may be raised as a result of the walk-
through.
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17. SELLER HELD HARMLESS
Buyer is self insured, and subject to the limits and restrictions of the Florida
Sovereign immunity statute, F.S. 758.28, agrees to indemnify and hold harmless the Seller
from claims of injury to persons or property during the inspections and investigations
described in Paragraph 15 (b) resulting from Buyert 5 own negligence only, or that of its
employees or ag~nts only, subject to the limits and restrictions of the sovereign immunity
statute.
18. 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 proceed pursuant to
the terms of this contract with restoration costs escrowed at closing. If the cost of
restoration exceeds 3%. of the assessed valuation of the improvements so damaged, Buyer
shall have the option of either taking the Property "as 1Sll, together with either the 3% or
any insurance proce'flds payable by virtue. of such loss .or damage, or of canceling this
contract. Value. of J.ITg?r.overrents not mater~al to transact~on.
19. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall 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 closingt during which time evidence of title shall
be continued at Buyer's expense to show title in Buyert without any encumbrances or change
which would render Seller's title unmarketable from the date of the last title evidence. If
Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall, within
the 5 day period, notify the Seller in writing of the defect and Seller shall have 30 days
from the date of receipt of such notification to cure the defect. 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 "as is", waiving all rights against Seller as to any
intervening defect except as may be available to Buyer by virtue of warranties contained in
the deed. The escrow and closing procedure required by this provision may be waived if
title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
20. DEFAULT
If this transaction is not closed due tc any default or failure on the part of the
Seller, other than to make the title marketable after diligent effort, Buyer may seek
specific performance or unilaterally cancel this agreement upon giving written notice to
Seller. If this transaction is not closed due to any default or failure on the part of the
Buyer, Seller may seek specific performance. If a Broker is owed a brokerage fee regarding
this transaction, the defaulting party shall be liable for such fee.
21. 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 as follows: (Specify known defects.
If none are known, write "NONE")
None . other than previously disclosed by Seller or otherwise known by Buyer.
Buyer shall have the number of days granted in Paragraph 15 (b} above ("Inspection Period")
to investigate said matters as disclosed by the Seller, and shall notify Seller in writing
whether Buyer will close on this contract notwithstanding said matters, or whether Buyer
shall elect to cancel this contract. If Buyer fails to so notify Seller within said time
period, Buyer shall be deemed to have wa! ved any objection to the disclosed matters and
shall have the obligation to close on the contract.
22. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989), as
amended, Buyer is hereby informed as follows:
RADON GAS: Radon is a naturally occurring radioactive gas that, when it
has accumulated in a building in sufficient quantities, may present
health risks to persons who are exposed to it over time. Levels of radon
that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be
obtained from your county public health unit.
23. CONTRACT NOT 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.
25. ASSIGNABILITY: PERSONS BOUND
This contract [ J is not assignable [Xl is assignable. The terms IIBuyerll, "Seller",
and' "Broker" (if any) may be singular or plural. This Contract is binding upon Buyer,
Seller, and their heirs, personal representatives, successors and assigns (if assignment is
permitted) .
26. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled
to recover reasonable attorney's fees and costs.
27. TYPEWRJ:TTEN OR HANDWRJ:TTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract
in conflict with them.
28. BROKER REPRESENTATION
Seller is represented by Mark Klein, Licensed Real Estate Broker, Klein & Heuchan, Inc.
Realtors, in his fiduciary capacity as representative of the Seller in connection with the
transactions contemplated hereby, and Seller shall be responsible for any Broker fee or
expense due to said Broker.
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.
31. COUNTERPARTS: FACSIMILE COPY
This contract may be executed in two or more counterparts, each of which shall be
deemed an original and all of which together shall constitute one instrument. A facsimile
copy of this contract, including any addendum, attachments and any written modifications
hereof, and any initials or signature thereon shall be deemed an original.
... . . . 1- ~ ' .l,.". .~. .
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32. OPTION TO PURCHASE
!
Seller grants Buyer the option to purchase all of the real property described in
Parcels A and B 'see Exhibit I'A") for the amount of $1,189,818.00, said price' being
calculated at $7.75 per square foot multiplied by the estimated square feet included. The
option price shall be adjusted by the actual square feet included as determined by a survey
to be obtained by the Buyer. Such option shall be exercisable for a period of one hundred
eighty (180) days from the date of the execution hereof by the duly authorized City
official. The option period may be extended for an additional one hundred eighty (180)
days following the initial option period upon the payment, prior to the expiration of the
ini tial option, of the sum of $50, 000.00. Should Buyer exercise the option during the
extended option period, Seller agrees to prorate the option consideration to the date of
closing as if the same were rent for the entire extended option period. Upon exercise of
the option, the closing shall occur within thirty (30) days thereafter which shall be
governed by the same terms and conditions in this contract, other than those calling for an
inspection period, except as may be modified by Buyer and Seller subsequent hereto. This
option shall not be exercisable unless Buyer acquires Parcels C, D, and E in accordance
with the terms of this contract. This paragraph shall survive the closing of the contract
for Parcels C, D, and E and may not be modified without the prior written consent of both
parties. Buyer may assign this contract to the Community Redevelopment Agency of the City
of Clearwater without the consent of the Seller.
33. EXHIBITS ATTACHED
Exhibit ~ (legal description of Parcels A, B, C, D, & E) is attached hereto and made a
part of this contract.
34. ENTIBE 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 merged herein. Any changes to be made in this
agreement shall only be valid when expressed in writing, acknowledged by the parties and
incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:
'1/t/lit
f
By:
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Social Security or Tax I.D.#
[ ] 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:
ATTEST:
Cynthia E. GOUdeau, City Clerk
John Carassas, Assistant City Attorney
s/leqa1/aQreement3/dimmitt contr 102998
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EXHIBIT -,,-
A.
PARCEL: 2915 15 54450 001 0040 01
LEGAL: Magnolia Park Blk 1, Lots 4 thru 8 lOGS Rd on N ,
Lot 9 G Lot 13 less E 40 Ft.
B.
2915 15 54450 002 0010 01 , 2915 15 54450 002 0130 01
Magnolia Park Blk 2, Lots 1 thru 8 les9 Rd on H ,
Lots 11 & 12 & Lots 14 thru 20. & Magnolia PlJrk Blk 2,
Lot 13
PARCEL:
LEGAL:
c. PARCEL: 2915 15 86914 000 0090 01
LEGAL: Track' Warren Lots 9, 10 lJnd 11 & % vac alley S ot
Lot 9
D.
PARCEL: 2915 15 54450 003 0010 01
LEGAL: Magnolia Park elk 3, Lots 1 thru 4
23,664 SF
PARCEL: .2915 15 16830 001 0010 01
LEGAL: Coachman Heights Rev Blk A, pt lots 1 thru 4 & 16 thru
19 & % vae alley
E. PARCEL: 2915 15 16930 002 0010 01
LEGAL: Coachman Heights Rev elk S, Lots 1 , 2 less Rd & all of
Lots 3,4, 18, '19 '% vae alley N of Lot 1
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DIMMITT CAR LEASING PROPERTIES
Parcel A 15~29.15.54450~001.0040
Parcel R 15.29.15-54450-002~0010
and 15-29.15~54450-002-0130
Parcel c 15~29.15-88914..000.0090
Parcel D 15.29..15~16830..001-0010
and 15-29~15~54450.003-001 0
Parcel g,
15-29-15-16830-002-0010
2 s.R. 60 CLEVELAND STREET 2
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Clearwater City Commission
Agenda Cover Memorandum
Worksesslon Item #:
Final Agenda Item #
39
Mccllng Date: 12/10/98
SUBJECT/RECOMMENDATION:
Approve the work order in the amount of $554,279, from Camp, Dresser and McKee, Inc., to provide
design services for the Town Pond project; and authorize a loan from the Consolidated Cash Pool to fund the
cost of this project until such time as bonds are issued.
1&1 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The Town Pond project proposes to expand the existing Pierce Street Pond stormwater facility, between
Prospect Avenue and Ewing Street, north to Park Street (please see attached graphics).
. The Town Pond project will achieve the following:
... Increase storage capacity and level of service of the stormwater system in downtown area
'" Resolve numerous flooding and aesthetic problems associated with existing pond
... Create a regional stormwater retention and treatment facility for downtown redevelopment
'" Establish a stormwater district which will stimulate economic redevelopment by reducing obstacles
and start-up costs to prospective businesses
'" Improve aesthetics and create a park feature in downtown business area south of Cleveland Street
... Facilitate a public-private partnership in financing infrastructure improvements through the creation of
a stormwater district which accepts payments 'in-lieu-of' for provision of stormwater services
. The project includes expansion of the existing pond facility, installation of water treatment features
(circulation pumps, plantings, sediment removal structures, etc.), creation of fringe park area with
landscaping and pedestrian features around pond, creation of stormwater service district, and aesthetic tie-in
with downtown and bluff themes.
Reviewed by:
Legal ~.~
Budget ~
Purchasing ~
Risk Mgmt n/a
Finance L I)1J
Info 5rvc
Public Works
DCMlACM
Other
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Originating Dept:
Public Works Admin
User Dept.
Public Works
AUachments
Map,
Costs
Total $554,279
Current FY 1999
Funding Source:
CIP X
OP
Other
(d~
SubmlUed by: fY\ :s D ~
Olv Manager " _.te.~)
printed on recycled p~J1er
o None
A ro riation Code:
Rev. 3/98
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· ,The total cost of the project is estimated to be $10 million. The project will be funded th rough revenue from:'
the Storm water Utility Fee ($8.5 million) and Pennies'for Pinellas ($1.5 million) which wilt reimburse loans
from the consolidated cash pool. Additionally, all costs incurred for contamination assessment and site
" ,remediation' will be reimbursed to the stormwater utility' from the Brownfield Penny for PineJlas to a
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~:"F,~::':J' 't ~grants t e Ity un s earmar e lor t IS project can e rea ocate .
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',.' Approval of this agenda item does not authorize construction, only design~ Separate agenda items will come'
before the' Com~ission, for the' pu'rchase of properties and the award of a construction contract.
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CITY OF CLEAR WATER
ENGINEERING DEPARTMENT
CDM WORK ORDER !NITIA nON FORM
Date:
City Project No.
COM Project No. 6349-
1. PROJECT TITLE:
Town Pond Rehabilitation Project
2. Scope of Work:
In order to develop a pennit free downtown redevelopment zonet Camp Dresser & McKee
Inc. (COM) will analyze alternatives for the rehabilitation and expansion of the Town Pond
sufficient to obtain an ERP permit from SWFWMD, to meet the Level of Service
requirements of the City and to reduce pollutant loads generated in the basin to the maximum
extent practicable. Once an alternative has been selectedt COM will provide the following
services: prepare design drawings and specificationst apply for appropriate pennits for
construction, and develop a maintenance manual. The project wiJl be completed in two
phases: I - Conceptual Design; and IT - Design, Specifications, Permitting and Maintenance
Manual. CDM will be prime engineer with the following subconsultants: Phil Graham &
Company (pGC), who will be responsible for landscape designs; Florida Design Consultants
(FOe) who will be responsible for topographic survey, traffic analysis, and the truck routing
plan; and Driggers Engineering Services (DES) who will be responsible for geotechnical
services.
Scopes of services from each firm are attached:
Exhibit A, Camp Dresser & McKee Inc.
. Exhibit B, Phil Graham & Company, PA
Exhibit C, Florida Design Consultants
Exhibit D, Driggers Engineering Services
3. PROJECT GOALS:
Design and permitting of a revised configuration ofthe existing Town Pond, complete with alum
treatmen~ new underground pump station, utility adjustments, and Pierce Street road closure.
Construction contract documents will be prepared as a basis for City bid advertisements. Sale of
the contract documents for bidding will be handled by CDM.
C:\PROJECT6\CLEARW-1\TOWNPo-1IFINALIFINALT-1.WPe
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4. BUDGET:
The total budget' for design services of Phases I and II is $554~279.
Use of contingency funds will be separately authorized by the City. No services during
construction are included in this scope of services.
5. SCHEDULE:
Phase I win be completed within 13 months of the Phase'l notice to proceed. Phase II will be
completed within 6 months of the Phase II notice to proceed.
6. CORRESPONDENCE/REPORTING PROCEDURES:
All CDM project correspondence shall be directed to Mahshid Arasteh, with copies to Dan Mayer
and others as may be appropriate. All city correspondence shall be directed to Scott McClelland,
. with copies to others as may be appropriate.
7. INVOICINGIFUNDING PROCEDURES:
Invoices shall be submitted monthly to Marty Pages for work performed. Invoices will be
prepared according to Billing Method B, with services billed Lump Sum by Task, and with certain
services billed at hourly unit costs.
..\
City Invoicing Code:
PREPARED BY:
Mahshid Arasteh, P .E.
Director of Engineering
CITY
C:\PROJECT6\CLEARW~1\TOWHPo-'\fINAL\F11W. T~1.Wl'tI
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RESOLUfION NO. 98~60
Lfl
A RESOLUTION OF THE CITY OF CLEARW A TER,
FLORIDA~ ASSESSING CERTAIN REAL PROPERTY
tOCA TED IN NORWOOD SUBDMSION, CLEARWATER,
FLORIDA, HAVING A POST OFFICE ADDRESS OF 1500
NORTH GREENWOOD AVENUE, CLEARWATER,
FLORIDA, AS DESCRIBED MORE PARTICULARLY
HEREIN, IN THE AMOUNT OF $1,675.00 FOR THE COSTS
OF DEMOLITION INCURRED IN REMOVING A
DANGEROUS STRUCTURE WITHOUT THE CONSENT OF
OWNER.
WHEREAS, pursuant to Chapter 47 of the Cleanvater 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 Cleanvater has caused the demolition of the building, and the
cost of such work should now be assessed as a lien on behalf of the City of Clearwater against the
property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
. Section 1. The Building Official having ordered the abatement of the unsafe building
situated on the following described property:
Norwood 111 Addition, Block B, South Ih of Lot 8
(parcel Number 10/29/15/61758/002/0080)
Owner of record:
Esther C. Hunt
407 Feather Tree Drive
Cleanvater, Florida 33765-2454
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 $1,675.00
(See Attachment It A ")
Resolution No. 98-60
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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 )jen prior to aU
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 PubJic Records of PineUas
County, Florida.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
Attest: '
, Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
~-
~ Carassas
Assistant City Attorney
~
Cynthia E. Goudeau
City Clerk
, 1998.
Resolution No. 98- 60
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ATTACHMENT UA"
RESOLUTION NUMBER 98- 60
1500 NORTH GREENWOOD AVENUE
CLEARWATER, FLORIDA
TASKS
4/
Pinellas County Records ~ Ownership
Correspondence, Telephone Calls. Site Visits
Purchase Requisitions, Paperwork
. Photographs, Documentation
. TOTAL HOURS SPENT
EXPENSES
9
AMOUNT
9 Hours @ $25.qO 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
TOTAL EXPENSES
225.00
N/A
250.00
N/A
N/A
N/A
N/A
1,200.00
$1,675.00
I LIEN AMOUNT
$1,675.00 I
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Resolution No. 98 -60
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RESOLUTION NO. 98-62
4d--
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING
THE OWNERS OF PROPERTY THE COSTS OF HAVING MOWED OR CLEARED
THE OWNERS' LOTS.
WHEREAS, it has been determined by the City Commission of the City
of Clearwater that, for the purpose of promoting the health, safety and
general welfare of the citizens and residents of the City, real property
within the City should be cleared of weeds, rubbish, debris and other
noxious material; and
WHEREAS, notice pursuant to Section 20.38, Code of Ordinances, was
provided to the owner of each of the lots listed in Exhibit A, and the
notice required each property owner to cause the violation to be
remedied or to file a notice of appeal within 10 days after the date the
property was posted; and
WHEREAS, the property owners have failed to take remedial action
within the time provided and have failed to file a notice of. appeal
within the time allowed, or appealed the notice of violation but failed
to take remedial action within the time provided by the Code Enforcement
Board, and it became necessary for the City to take remedial action; and
. WHEREAS, the owner of each lot listed on Exhibit A has been
provided with a notice and opportunity within which to pay the costs and
administrative charges set forth on Exhibit A, but no payments have been
received; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. The City commission finds the preamble hereof to be
true and correct.
Section 2. The City Commission hereby assesses a lien upon each
parcel of real property listed on Exhibit A for the actual costs of
mowing or clearing, plus administrative costs, as shown on Exhibit A.
Section 3. The City Clerk is hereby directed to prepare a notice
of lien against each property listed on Exhibit A and to record the same
in the public records of Pinellas County, Florida.
PASSED AND ADOPTED this
day of
, 1998.
Rita Garvey
Mayor-Commissioner
Approved as to form:
Attest:
~~
John Carassas
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Rosolullon No. 98-62
K EXHIBIT A K 4;2
rLQDet1V Owg,r !dial DeserlpUon C9Dtt!etor~ Admin.
Ji"te f.u. I2lAl
11/10/98 Forwarded. Co IA&"
9/2.9/98
Farley, Tony 1022 Missouri Ave N 120.00 200.00 320.00
Springfield No.2, Block 2, Lot 7
10-29-15-8S032-oo2-OO70
Thomas, Robert C . 703 Pennsylvania Ave 120.00 200.00 320.00
Pinccmt, Block 7, Lot JO
t~29-1S-69138~7.0100
Ameritml Health ct 1173 NE Cleveland St 120.00 200.00 320.00
Ac;tident Ins Co Bassadcna. Block D. LoI IS
1'-29-15.03060-004-0 I SO
Rossi. Mark J 708 MDdera Ave 120.00 200.00 320.00
DeIOro Gardens, Lot 2S
09-29-J~20808~~250
Ion 198
Demps, ~trke Est. 809 plam Bluff St 120.00 200.00 320.00
Palm Park Undb
Block Eo 100 ft alLot J6
10-29-1 '-65718-000-0161
EUi., Susie 1015 LaSalle St 120.00 200.00 320.00
Edwards, Bessie Grwtwoo<l Manor Lot 16
J 0-29-) 5-33498-000-0070
Oulfsfream Contractors Inc .917 Seminole St 120.00 200.00 320.00
Pine Crm Sub
Block 8, W 50ft of E 97ft of Lol ]
10-29.1S-69138.00H01O
Haines, Grace 1171 NB Cleveland St 120.00 200.00 320.00
BW8den~ Block 0, Lot 1 J
J'-29.1S.0J06O-004-Ql JO
Homcside Lending loe 1'59 Magnolia Dr 120.00 200.00 320.00
Druid GrovC$ Rev Replat, 1.0110
14-29.15-22734.000-0100
Pfisl.Cr, Janeth 14S0 Palmeuo St 146.86 200.00 346.86
Palm Tenlce Unit J, Lot 1
11.29-I!l-6S80S-000.0010
Trut.dale, Richard 1404 N Madison Ave 159.40 200.00 359.~0
Falrmont, Block 0, Lot 6, 1
10.29-1 S-26892.oo1.oo60
W 5 F Trust 1106 LaSalle St 120.00 200.00 320.00
TNst 8/6190 Greenwood Park #2,
16
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rj'OM~Y Owau l4!L Det~rlpUon ~OJ\lr'ttuf" Adn:d.9.
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Block E, Lot 36
1 O~29* 15-33552-00S-0360
Ion 5198
Blocker. Lela Estate 1201 Tangerine St J 20.00 200.00 320.00
do Fred Wilder Greenwood Park #12
Blode D. lots I, 2
10.29.15-33552-004.0010
Glidden. Angela J 1128 Palm BluffSt 120.00 20<1.00 320.00
Greenwood Park 1#2
Block F, Lot 47
J 0-29- J So)) 552.0Q6..0410
laquier Investments Ine 607 S Greenwood Ave 3313.18 200.00 3513.18
clo Jerry Cobb Maryland. Brock BI, Lot Ii 2
1 5-29- t5-$5764..pOl~OOJ 0
Patrick, Pearl Estate 1146 Engman St 120.00 200.00 320.00
clo Homer Patric:k PR Greenwood Park #2
BIOtk 0, Lot S6
10-29-15-33552-004-0560
l'rogr~ssivc Mortgage lac 879 Eldorado Ave 120.00 200.00 320.00
Oeorgil.'s Sub repJat of Block 19
Block 19. Lot 1
05-29-15-30695-019.0010
10/22198
. Batten, Goldie J III Grant Sf 120.00 200.00 320.00
Greenwood Park, Block B, Lot 12
10-29. 1 S.3$34..o02~120
8W1tmg, Larry 804 Pennsylvania Ave 168.52 200.00 368.52
Pinccrest Sub.. Block 5, Lob 3, 4
1~29.15-69J38-00S.0030
Howard, Chules 1140 Palm Bluff Sf 120.00 200.00 320.00
Grunwood Parle. N2
Block F, Lot S2
10~29-15-33SS2~~S20
Pugh. Terdha t630N Washinlon Ave J 20.00 200.00 320.00
Joscph~ Philip R F~lnnont, Block A. Lot 14
10.29.15.26892-001-0 l40
17
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ORDINANCE NO. 6371-99
'-13
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
SUBMllTlNG TO THE CITY ELECTORS PROPOSED NON-
SUBSTANTIVE AMENDMENTS TO THE CITY CHARTER:
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that the City Charter be amended as outlined in Exhibit
A attached hereto. Said amendments are grammatical, numbering, and organizational changes
to the charter.
Section 2. A referendum election is hereby called and will be held on March 9. 19991 at
the general city election for the consideration of the voters of the City of Clearwater for the
proposed charter amendments. The question to appear on the referendum ballot reflecting the
proposed amendment to the charter at the regular municipal election scheduled for March 9.
1999, shall be as follows:
NON-SUBSTANTIVE GRAMMATICAL AND ORGANIZATIONAL CHANGES
Shall the City Charter be amended as provided in Exhibit A to Ordinance 6371-
99 entitled "Non-Substantive Changes" to eliminate references to gender,
simplify language, correct grammar, move certain provisions to different sections
. ~~;s P.ffffiJjllmTfjiitij~Cj$tt.am?ilmnfjjt(o(i'al~~~w1~~ril1.i01IQ1]~
For amendment to City Charter
Against amendment to City Charter
YES
NO
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor of
Elections that the referendum item provided above shall be considered at the election to be
held on March 9. 1999.
Section 4. This ordinance shall take effect Immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval of a
majority of the City electors voting at the referendum election on these issues and upon the
filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor-Commissioner
Approved as to form:
Attest:
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
Ordinance No. 6371-99
NON-SUBSTANTIVE CHANGES
I ARTICLE I. _CORPORATE EXISTENCE AND POWERS
Section 1.01. ~Corporate existence and powers.
(a) General Powers. The City of Clearwater, Floridaj horoinaftef'
reforro~city:l, as created by Chapter 9710, Special Laws of Florida,
1923, as amended, shall exist and continue as a municipal corporation, shall
have all governmental, corporate and proprietary powers to enable it to conduct
municipal government, perform municipal functions and render municipal
selVices, and may exercise any power for municipal purposes except when
expressly prohibited by law. In addition to the powers enumerated herein. the
city shall be vested with all cowers granted by general or special acts of the
LeQislature of the State of Florida and as otherwise provided by law.
(b) ~ Exercise of Powers. The city may exercise any of its powers or
perform any of its functions and may participate in the financing thereof, by
contract or otherwise, jointly or in cooperation with anyone or more states or
political subdivisions or agencies thereof, or the United States or any agency
I thereof.
(0) _ Construction. The powers of the city under this charter shall be
construed liberally in favor of the city. _The city is will be~mpowered to do
whatever is necessary and proper for the safety, health, convenience and
general welfare of its inhabitants. The specific mention of a particular power in
I thistRa charter shall not be construed as limiting in any way the general power
stated in this section of Artic(e r.
(d) _ In addition to the powers onumerated herein. the city shaU4;)a
\~ectod with aU powers granted by genoml or spacial aCID ef the Legislaturo of the
Stato of Florid:) ::md otherwise pre~.'ided by law:-
I Section 1.02. _Corporate boundaries.
The corporate boundaries of the city shall bcrom::lin fixed and est::lblished
as they exist on the date this charter takes effect, provided that the city shall
have the power to change its boundaries in the manner prescribed by law.
I ARTICLE II. _LEGISLATIVE POWER
Section 2.01. _Commission; composition; powers.
(a) Composition. _There shall be a city commission. hereinaftef'
roforred to as-!the :commissionj, composed of five commissioners, including the
mayor-commissioner. The members will occupy seats numbered one through
five, incfuslve. All members shall be ejected at large by the qualified voters of the
city.
(b) Powers. ~Alllegislative power of the city shall be vested in the
commission, except as otherwise provided by law or the provisions of this
charter, and the commission shall provide for the exercise thereof and for the
performance of all duties and obligations imposed upon the city by law.
(c) Duties. It shall be the duty of the commission to discharge the
obligations and responsibilities imposed upon the commission by state law, city
ordinance and this charter. As a part of the discharge of its duty. the commission
shall:
1. l'he commisGion shall Each October. be r8&ponsible for evo.lu3tiRi}
evaluate the jab performance of all thoir exooutive and
administr3tivo appointoes, reporting Guoh ovalu3tion o3ch YO~lf in
the month of Ootober to the citizeAG of tho city. the city manager
and city attorney. recognizing areas of exceptional performance as
well as areas of in which performance can be improved. The
evaluation process shall be determined by the commission:. aRd
may be mado by the commiG&ion o.e a '....holD, :m indo pendent
m3n3gemant concultant. ::10 appointed citizens' committoe, or any
cembin3tion. The resufts of the evaluation shalf be reported tR&
adequ3cy of porform::1Oc8, recognizing ar03G of exoeptioRal
porformance as woll ::1& nre::lc of impro'J3ble performance to the
citizens of the city.
2. :rhe commission thoU Aadopt by ordinance a fi&cal m:magoment
proceduFO coda providing il comprehensive system of fiscal
management. The fiscal management ordinance shall include
provisions relating to the operating budQet. capital budoet and
capital program. providinq for hearings on the budget. capital
budQet and capital program and the amendment of the budget
following adoption
3. :rho commicsion &hall fpravide far an annual or more frequent
independent audit of all city accounts by a firm of certified public
accountants:. of all city 3ooount& and may provide for more
frequent auditE if the cammieGieMeems it noooGGm)'. No firm shall
be employed for more than five consecutive years. All audits shall
be according to tho proceduroe aOO roquirements required by in
accordance with law.
4. Re-9ulate comprehensive planning. zonina and land development as
provided by law.
2
(d) Limitations. _ The legislative power provided herein shall have the
following limitations:
(1) The total indebtedness, which for the purpose of this limitation shall
include revenue, refunding.a. and improvement bonds of the city.a. shall not exceed
20 percent of the current assessed valuation of all real property located in the
city.:.i J1RG- The total budgeted expenditures in any fiscal year shall not exceed the
total estimated revenue plus any unencumbered funds carried fmward from a
prior fiscal year.
(2) All purchases in excess of $10,000.00 shall be awarded to the
lowest responsive and responsible bidder, selected after receiving sealed,
competitive bids from no less than three qualified vendors whenever practical.:.i
provided, however. that such Purchases lh3t 3F&-in excess of $25,000.00 shan
be awarded by the commission. _No oontr30t or purchase v.'hich ie subject to the
requirements imposes by this sectionpar3gr3ph may be split or otherwise
awarded in a cumulative manner.
.@1 ~ Any non~budgeted expenditure in excess of $5 million must be
approved by the commission atiR two separate meetingss8ssions held at least
two weeks apart and oo-advertised notice of a public hearing must be given at
least five days prior to the second meetingsesGion.
M1 ~ With the exception of maintenance or emergency dredging. oraAG
dredging relatingee to that portion of Dunedin Pass located within the boundaries
of the city, permits for dredging or filling in excess of 4,000 cubic yards below the
mean high water line may be authorized only after gproperly advertised public
hearings before the commission and approval at referendum.
@ ~ Real property.
(i) Prior to the sale, donation, lease for a term longer than five
years. or other transfer-er to the I03se for a term longor than fivo yearc _of any
municipal real property. the real property must be declared surplus and no longer
needed for municipal public use by the commission at an advertised public
hearing. _Except in the case of right-af-way dedications. er-the granting of
easements.a. or transactions with governmental entities as described herein, no
real property may be given away or donated without prior approval of the
qualifiod votore of the city at referendum.
(ii) Except as otherwise provided herein. real property -declared
surplus shall be sold to the party submitting the highest competitive bid above
the appraised value whose bid meets the othor terms set by the commission and
whose proposedwiU use of the property is in accordance with the commission's
stated purpose for declaring the property surplus. if any.
3
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(iii) Surplus real property may be transferred to another
governmental entity for less than the appraised value after an advertised public
hearing has been held and a finding by the commission of a valid public purpose
for the transfer.
(iv) Surplus real property may be exchanged for other real
property having a comparable appraised value.
(v) No municipally owned real property identified as
recreation/open space on the city's comprehensive land use plan map ae Enid
plan oxieted-on November 16, 1989 (or as may be amended thereafter), may be
sold, donated. leased for a new use, or otherwise transferredconvoyed to
::mother ontity without prior approval of the qualifiod votaf&-at referendum, except
when the commission determines it l&-appropriate to dedicate right-of-way from
such prope~ie& identified as reoro3tion!open cpaca. Such recreation/open
space property may be leased for an existing use, without referendum, unless
such lease is otherwise prohibited by charter or ordinance. .
(vi) No right-of-way or easement which terminates at, or
provides access to, the water's edge of eithef a body of fresh or salt water er-a
body of fresh water may be vacated for privatethe benefit of pri'l-::lte individuals.
Nothing contained in this sectionparagraph shall prevent an easement for utility
purposes from being exchanged for a new easement for similar purposes or from
converting a fee interest for utility purposes into an easement for such purposes.
(vii) The commission mayh3s the power to lease municipal real
property for five years or less without declaring it surplus. _Municipal real
property declared surplus may be leased for a term up to 30 years, provided,
however, nothing herein shall preclude -renewal of any lease for a maximum of
30 years. Municipal property declared surplus may be leased for an initial period
of time or a renewal period exceeding 30 years, if approved at referendum, but
not to exceed 60 years total. _Leases of real property in an industrial park shall
provide for continual use for private/public business purposes~ aAd-shall provide
a reasonable rate -of return on the city's investment. and shall includ~iR!J a rent
escalation clause.
(viii) All leases of municipal real property shall contain recapture
and reverter clauses.
(ix) The commic&ion When purchasing real property forwhose
sales price is less than $250,OOO.OO~ -the commission at ::1 minimum shall obtain
an appraisal performed by the 3ppropriate city staff or independent certified
appraiser. -'f the purchasesale& price of such property i&equal,2 ta-or exceeds
$250,000.00 but is less than $500,000.00, the commission shall obtain at least
one appraisal by an independent certified appraiser. Jf the purchasesates price
of such property iG equal-tG equals or exceeds $500,000.00, the commission
shall obtain at least two appraisals by independent certified appraisers.
4
@ ~ No municipal or other public real property lying west of Osceola
Avenue, east of Clearwater Harbor between Drew and Chestnut Streets, being
further described as:
That portion of city-owned land bounded on the north by the right-at-way of Drew
Street, on the east by the right-of-way at Osceola Avenue, on the south of the
right-at-way of Pierce Street, and on the west by the waters of Clearwater
Harbor, lying below the 28 mean sea level elevation, together with the fOllowing
described tract: Beginning at the northeast corner of section 16, township 29
south, range 15 east, PineUas County, Florida, and run thence west along the
north line of said section, 1320.0 feet; thence south along the west line of the
east one-half of the northeast one-quarter of said section 16, 1526.16 feet to an
intersection with an easterly projection of the centerline of Pierce Street; thence
south 89045'00" W along the centerline of Pierce Street, 418 feet to an iron stake
set in a projection of the west line of Osceola Avenue as extended across Pierce
Street; thence south 20 feet along this projection of the southwest corner of the
intersection of Pierce Street and Osceola Avenue; thence south 88018'42" W
along the south line of Pierce Street, 375 feet to the point of beginning; thence
continue south 88018'42" W, 270.89 feet along said south line of Pierce Street to
the east right-of-way line of Pierce Boulevard; thence south 19024'39" east along
aforesaid east right-of-way along a curve to the right, chord 157.24 feet, arc
157.41 feet, radius 980 feet; thence north 88018'46" east, 120.42 feet; thence
north 0014'32" west, 50 feet; thence north 88018'42", 100 feet; thence north
0014'32" west, 99.80 feet to the point of beginning less and except that portion of
the above described tract designated for the Bandshell Site,
and no municipal or other public real property constituting the Memorial
Causeway or lands immediately contiguous thereto, more particularly described
as:
That portion of Memorial Causeway (S.R. 60) a 1200-foot-wide right-at-way,
lying between the east abutment of the west bridge and the east line of
Clearwater Harbor, and the submerged portions of Board of Trustees of the
Internal Improvement Trust Fund Deed Numbers 17,500 and 17,502,
shall be developed or maintained other than as open space and public utilities
together with associated appurtenances, except upon a finding by the
commission at a duly advertised public hearing that such development is
necessary in the interest of the public health, safety and welfare of the citizens of
the city and approval of such finding at a-referendumr conducted subsequent to
the public hearing. Hovl6vor, .City-owned tennis courts and associated
appurtenances may be constructed and maintained on such property south of
Cleveland Street.
(7) No city owned real property in the area bounded on the north by
tho Fight of 'Nay of Drew Street, on the east by the right of way line of Osceola
5
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Avenue. on the south by the right Of..11J3Y Uno of Pierce Street. and on the west
by the waters of Clearwater Harbor, shall be sold, donated. leased, donated or
otherwise transferred or used for other than city facilities except upon a finding
by the commission at a duly advertised public hearing that such transfer or use is
necessary and in the interest of the public health. safety and welfare of the
citizens of the city and the approval of such findinge at a-referendum; except for
that structure known as Harborview Center, more particularly described as:
Beginning at the Northeast corner of Lot 1 of Rompon's & Baskin's
Corrected Map of Causeway Business District, according to the plat thereof as
recorded in Plat Book 57, Pages 1 and 2, Public Records of Pinellas County,
Florida, for a POINT OF BEGINNING, said point being said Westerly right.of~way
line of Osceola Avenue; run thence S 01 026'1T' E. along said Westerly right-of-
way line of Osceola Avenue, 224.38 feet. to the Northerly right-ofhway line of
Cleveland Street; thence N 89058'26" Wt along said Northerly right-of-way Une of
Cleveland Street, 403.55 feet; thence N 00000'1511 W, along a line West of the
existing Harborview Center Buildingt 217.30 feet; thence along a line Northerly of
said HarbolView Center Building the following two courses, S 89058'26" E.
187.20 feet; thence N 88007'145" E, 31 0.85 ,feet to the POINT OF BEGINNING.
which structure may be leased for and used in furtherance of any municipal
purpose consistent with the character and ordinances of the city.
Section 2.02. _Qualifications.
+Re-Members of the commission shall be qualified voters of the city and
shall have continuously resided in the city for at least one year prior to submitting
a petition for eJection. _The commission shall be the judge of the eJection and the
other qualifications of its members and of the grounds for forfeiture of their office.
Section 2.03. .Election and terms.
All commissioners, including the mayor~commissioner, shall be elected for
terms of three years. _Terms shall overlap. with the mayor-commissioner and two
commissioners elected one year. and the additional two commissioners elected
the follOWing year.
A person shall not serve more than six consecutive years as a city
commissioner after which such person shall not be ahold any city commissionm
seat. other than mayor-commissioner, for a minimum of three years.
A person shall not serve more than six consecutive years as mayor~
commissioner after which such person shan not serve as mayor-commissioner or
hold any city commissiongr seat-for a minimum of three years.
Newly elected commissioners shall take office and be G>Norn in on the first
. Thursday in April.
6
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.1 .
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Section 2.04. _Compensation and expenses.
The commission may determine the annual salary of commissioners and
the mayor-commissioner by ordinanceJ....i but-No ordinance Increasing such salary
shall become effective until the date of commencement of the terms of
commissioners elected at the next regular election, provided that such election
follows the adoption of such ordinance by at least six months. _Commissioners
shall be reimbursedrecoiv8 their actual and necessary expenses incurred in the
performance of their duties of office.
Section 2.05. _Mayor-commissioner, functions and powers.
The mayor-commissioner shall preside at all meetings of the commission,
perform such other duties consistent with the office as may be imposed by the
commission and this charter.L and shall have a voice and a vote in the
proceedings of the commission, but no veto power. The mayor-commissioner
may use the title of mayor in any c::lE;e in which the execution of legal instruments
in writing on behalf of the city or otherwise as -Recescity ::uising from tho goneral
I3ws of tho Stoto of Florida. tho ct::ltutoc or oxecutive orders of the govornment of
the United St::1tOf~t or this chartor GO required by Jaw.r OOt-_This authorization does
shall not be cancidorod as confer~ upon the mayar~commissioner
administrative duties except as required to carry out the responsibilities stated in
this charter. _The mayor-commissioner shall be recognized as the official head of
the city by the courts for the service of process, by the governor for purposes of
military law. and for all ceremonial purposes.
At the second avening commission meeting eachffi April of each ye3r, the
commission shall elect one of its members as vice~mayor. _The vice-mayor shall
~ct as mayor~commissioner during the temporary absence or inability of the
mayor-commissioner to perform the duties of the office of the mayor.
Section 2.06. _Prohibitions.
(a) Appointments and removals. _Neither the commission nor any of its
members shall in any manner dictate the appointment or removal of any city
administrative officers or employees whom the city manager.L or any of the city
manager's subordinates.L iSaf:e empowered to appoint.
(b) Dealing through city manager. Except for the purpose of inquiries
and investigations. the commission er its members shall deal with city officers
and employees who are subject to the direction and supervision of the city
manager solely through the city manager:.i_-8Ad-Neither the commission nor its
members shall give orders to any such officer or employeet either publicly or
privately._ It ic tho oxprocs intont of this ch:.rtor th:.t Recommendations for
improvement in city operations by individual commissioners shaff be made to and
through the city manager.
7
Nothing in the foregoing paragraph is to bo construed to prohibit~
individual members of the commission from closoly &orutinizing by questionjng&
and pOf&onal observatieAinQ& all 3spectG of city operations so as to obtain
independent information to assist them momborc of tho commission in the
,formulation of Eound policy.
(c) Holding other office. _No present or former commissioner shall hold
any compensated appointive city office or employment until one year after the
expiration of the term for which such commissioner was elected.
Section 2.07. _Vacancies; forfeiture of office; filling vacancies;
advisory boards.
(a) Vacancies. _The office of a commissioner shall become vacant
upon the death, resignation" er-removal from office in any lawful manner"
authorized or roquired by klw or forfeiture of the office, such forfeiture to be
declared by the remaining members of the commission.
(b) Forfeiture of office. _A commission member shall forfeit such office
if such member:
1. Lacks at any time during the term of such office any qualification for
the office prescribed by thie> charter or by law, or
2. Is convicted of a felony or a crime involving moral turpitude, or
3. Fails to attend six consecutive regular meetings of the commission,
unless such absence is excused by the commission, or
4. Fails to attend twenty-five per cent of the regular meetings during a
12-month period whether excused or not.
(c) Filling of vacancies; vacancy in commissione~s seat.
1. A vacancy oniA the commission should be filled by majority vote of
the remaining commission members within 30 days afterefthe vacancy. _The
person so appointed shall serve as a commissioner momber until the next
regular or special election. _At such election, a commissioner shall be elected to
selVe for the remainder of the unexpired term of office.
2. If the commission fails to fill such vacancy within 60 days after it
occurs, a special election shall be called to fill the unexpired term.
i .
3. Any person appointed to fill such a vacancy shall possess all the
qualifications required of a commission member by thiE: charter :md-by law.
8
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(d) Extraordinary vacancies. In the event that all commission
.' members resign or are removed by death, disability, or forfeiture of office, the
governor shall appoint an interim commission that shall call a special election to
be held within 90 days afteref the occurrence of the vacancieso!- :md Such
election shall be helddeRe in the same manner as the first election under this
charter. In the event vacancies cannot be filled as provided in section 2.07(0)
because of permanent vacancies which make it impossible to assemble a
quorum, then in such case the governor shall appoint that number of commission
members necessary to constitute a quorum who shall hold office until the next
regular or special election.
(e) Advisory boards. _The commission may at any time appoint one or
moreM advisory board{s} composed of residents of the city qualified to act in an
advisory capacity to the commission. _An "advisory board" iseh311 me3n any
board, group, committee... or commission whose pOll.IBrc, juriediction and authority
iSaFe solely advisory and does not include the final determination or adjudication
of any personal or property rights, duties... or obligations. _The members of
advisorvGHGR boardfs} shall serve without compensation for the time fixed in their
appointment, or at the pleasure of the commissiono!- -aM-_Their duties shall be to
consult... ami-advise with such municipal officers.l. and make written
recommendations which shall become part of the records of the city. _All
meetings shall be public.
(f) Regulatory boards. _The commission is empowered to appoint
regulatory board(s) as may be established by law.
Section 2.08. _Procedure.
(a) Meetings. _The commission shall meet regularly at least once
eachin ovary month at such times and places as the commission may prescribe
by rule. _Special meetings may be held on call of the mayor8commissioner, the
city manager, or any two commissioners and, whenEM:H: practica!bJe, upon no
less than 24 hours' notice to each member and the public. _All meetings shall be
public. _The city manager and any commissioner shall have the power to cause
any item to be placed on the next compiled agenda.
(b) Rules and minutes iournal. _The commission shall determine its
own rules and order of business. The city clerk shall keep minutes a journal of
the commission proceedings.
(0) Voting. _Voting on ordinances and resolutions shall be by roll call
and shall be recorded in the minutes journ31. _A majority of the commission shall
constitute a quorum; but a smaller number may adjourn from time to time and
may compel the attendance of absent members in the manner and subject to the
penalties prescribed by the rules of the commission.
9
. ." ..... '. > ~. ' .
. ~. I
Except as provided In section 2.07(c), section 3.02 and in the preceding
sentence, no action shall be valid or binding unless adopted by the affirmative
vote of the majority of all commission members.
Section 2.09. _Ordinances and resolutIons In general.
(a) Definitions.
1. nOrdinance" means an official, legislative action of the commission,
which action is a regulation of a general and permanent nature and enforceable
as a local law.
. 2. "Resolutiontl means an expression of the commission concerning
matters of administration, an expression of a temporary charactert or a provision
for the disposition of a particular item of the business of the commission.
(b) Form. MEach ordinance Of resolution shall be introduced in writing
and shan embrace but one subject and matters properly connected therewith.
The subject shall be clearly stated in the title. _No ordinance shall be revised or
amended by reference to its title only. _Ordinances to revise or amend shall set
out in full the revised or amended action, section, subsection, Of paragraph of a
section or subsection.
(c) Procedure. _A proposed ordinance shall be read by tiUet or in full,
on at least two separate dayst at either regular or special meetings of the
commission, and shall, at least ten days prior to adoption, be noticed once in a
newspaper of general circulation in the city. The notice of proposed enactment
shall state the date, time. and place of the meeting, the title or titles of proposed
ordinances and the place or places within the city where such proposed
ordinances may be inspected by the public. _The notice shall also advise that
interested parties may appear at the meeting and be heard with respect to the
proposed ordinance.
(d) Effective date. MExcept as otherwise provided in this charter. every
adopted ordinance shall become effective ten days after adoption or as
otherwise specified therein.
(e) Emergency ordinances._RAn ordinance may be passed as an
emergency measure on the day of its introduction if it contains a declaration
describing in clear and specific terms the facts and reasons constituting the
emergency and receives the vote of at least fourtvJo thirds of the commission
members. MAn emergency ordinance shall remain effective as an ordinance for a
period of 90 days and shall automatically expire at the end of such 90-day period
unless during the time of such period the ordinance is submitted for adoption in
the manner provided for non:emergency ordinances. Such ordinances may not
levy taxes; grant. renew or extend a franchise; change election qualifications; set
service or user charges for any municipal services; authorize the borrowing of
10
money; enact or amend a rand use pran; or rezone private rear property.
Emergency ordinances shall become effective upon passing or at such other
date as shall be specified in the ordinance.
Section 2.10. Authentication, recording and disposition of charter
amendments, ordinances and resolutions.
(a) Authentication. The mayor-commissioner and the city clerk shall
authenticate by their signatures all ordinances and resolutions adopted by the
commission. In addition, when charter amendments have been approved at
referendum by the qu:lIified votors. the mayor-commissioners and the city clerk
shall authenticate by their signatures the charter amendment;-.:.~
3uthontic3tion to FofJect the 3ppra~'aJ of tho charter 3mendmont by tho quaJifiea.
votors.
(b) Recording. The city clerk shall keep properly indexed bookG anEYaf
microfilm records in which shall be recorded, in full, all ordinances and
resolutions passed by the commission. Ordinances shall be-periodically be
codified. The city clerk shall also maintain the city charter in current form and
shall enter all charter amendments.:. and Gond a A copy of the fe'.'ised charter
incorporating and any amendments thereto shall be sent to the secretary of
&loto'& office state.
(c) PFinUng. Availability of Public Records The commission shall, by
ordinance. establish procedures for making all resolutions, ordinances; technical
codes adopted by reference, and this charter available to the people of the city
for public inspection and available for purchase at a reasonable price to cover
the cost of reproduction.
ARTICLE III. _ADMINISTRA TIONV6
Section 3.01. _City manager.
TheThefO Ehall be 3 city manager shallle serve as the chief administrative
officer and chief executive officer of the city. _+he city manager shall be
appointed on the basis of administrative qualificationst experience. and
trainingoxperionco ::md training. The city manager need not be a resident of the
city or state at the time of appointment, but shall establish residency within the
city within one year ~fteraf the appointment. The city manager shall be
responsible to the commission for tho administration of all city administrative
affairs placed in hiE or her ch:Jrgo by or under thiG ch3rteF.
Section 3.02. _Appointment; removal; compensation.
(a) Appointmenk The commission shall appoint a city manager by an
affirmative vote of four commission members. _The city manager shall hold office
at the pleasure of the commission.
11
(b) Removal. _The commission may remove the city manager by an
affirmative vote of four commission members or ey..a majority of the commission
members voting .for romeval at two separate meetings held at least two weeks
apart. _Upon request by the city manager... a public hearing will be held prior to a
vote to remove the city manager.
(c) Compensation. _The compensation of the city manager shall be
fixed by a majority EofJ all the commission members.
(d) Acting city manager. _By letteri' filed with the commissiont the city
manager shall designate one or more assistant city managers to exercise the
powers and perform the duties of city manager during the city manager's
temporary absence or disability. ThisTho aforomentioned designation shall be
limited to a period of 60 days. _At the expiration of this periodtimet the
commission shall appoint an interim or new city manager in accordance with the
provisions of thislRe charter.
Section 3.03. _Powers and duties of the city manager.
The city manager shall:
(a) Appoint and, when tho city managor deems it nececE:ary for tho
good of tho city. suspendt demote... or remove any city employees or appointive
administrative officers under the city manager's jurisdiction""f*EAAGsd for or under
this ch:u1oF. except as may be otherwise provided by law. Such appointment,
suspension. demotion.L or removal shall be in compliance with the civil service
law and otheratt appHcable rules and regurations of the city.
(b) Establish or discontinue any department, division or board in the
administrative affairs of the city. subject to commission approval.
(e) Attend commission meetings and shall have the right to take part in
discussion... but may-not to vote.
(d) See to the faithful execution oftRat alllawst provisions of this
charter.L and acts of the commission whish-ar-e-subject to enforcement by the city
manager or by-officers subject to the city manager's direction :JnG.-supervision
are f3ithfully exocutod.
(e) Prepare and submit to the commission in the form provided by
ordinance, the annual budget, a capital improvement budget. and a projected
capital improvement program for a minimum five-year period.
(f) Submit to the commission and make available to the public a
comprehensive report on the finance and administrative activities of the city as of
12
the end of the fiscal year. In addition to thistRa comprehensive report, the city
manager shall submit a quarterly financial report.
(g) Make such other reports as the commission may require
concerning the operations of city departments, offices and agencies subject to
the city manager's diroctlon nnd supervision.
(h) Keep the commission fully advised as to the financial condition and
future needs of the city and make ~recommendations to the commission
concerning the affairs of the city os. tho city manager deems dosiroble.
(I) Sign contracts on behalf of the city pursuant to the provisions of
appropriations ordinances.
I 0) Develop and keep current an administrative code which sRaU-set.!a
forth the organizational and operational procedures of the city government.
(k) Provide GUGh administrative assistance to the commission in
connection with their official duties, and perform such other duties as are
specified in this charter or may be required by the commission.
(I) Act as purchasing agent for the city.
Section~. 3.04 City clerk.
The city manager shall appoint a city clerk. which appointment must be
confirmed bv the commission prior to becoming effective. The city clerk or the
official representative of the city clerk shall:
(a) Be custodian of all records and the official seal of the city:
(b) Attest all documents requiring attestation and agreements to which
the city is a party:
(c) Arrange for and supervise all citv elections:
Cd) Attend all meetings of the commission and keep minutes of its
proceedings:
(e) Give notice of commission meetings to its members and the public:
(f) Perform such other duties as directed or required by law.
Section 3.05 3r04. _Personnel system.
Appointments and promotions of city officials and employees, except
those specifically exempted by ordinance, shall be made solely on the basis of
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merit and fitness demonstrated by examination or other evidence of competence
as provided by law.
ARTICLE IV. CITY CLERK; CITY ATTORNEY; LEGAL OEPARTMENT*
Soot'on 4.01. City clor-k.
Tho city man=:1gor chall-appolnt a city olerk. whioh =:1ppointment must be
oonfirmod by tho oommission prior to bocoming effootive. Tho city c10rk or the
official representative of the city clerk chall=
00 80 custodian of all records, documonta and papers of the Gity;
(b) Attect all documeRts. contracts requiring attestation ana
agreements to ~.vhich the city ie a party;
(c) Bo custedi:m of tho official soal of tho city;
(d) Arr-aAge for and supervise all city oloctions;
(e) .^Jtend all meetings of tho commission :md koep ::l journal minutes
of its proooodings;
(f) Givo notice of commission moetings te its members and tho public;
(g) Porform such othor duties as directed or required by law.
Section 4,02.. 4.01 City attorney f legal department
There shall be a legal department, headed by the city attorney. operating
under the authority of and responsible to the commission. The legal department
shall consist of the city attorney, assistant city attorneys, when appointed and
authorized by the commission. and such other staff as the commission may
direct.
(a) M Appointment. The city attorney shall be appointed by the
affirmative vote of four commission members and may be removed by a majority
of the members of the commission members voting for removal. _Upon request
by the city attorney a public hearing will be held prior to a vote to remove the city
attorney. _The city attorney shall be a member in good standing ofEtBaOOeG
attornoy at (3\\'. admitted The Florida Bar and 6urrently eligible to practice before
aU--ef tho oourtG of the Stato of Florid;] and the appropriate U.S. District Court for
the Middle District of Floridat-and Gh=:111 be a member in goad ct:mding of The
Florida BaF.
(b) Duties. The city attorney shall act aG be the legal advisor to the
commission. the city manager and all city departments, offices and agencies.
14
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When required to do &0 by the city commission, the city attorney shall prosecute
or defend, on behalf of the city, all complaints, suits and controversies In which
the city is a party; and shall prepare or review and approve as to form and legal
sufficiency all contracts, bonds... and other instruments to which the city is a party.
The city attorney shall perform such other duties as may be directed by law or
the city commission.:, or tho bws. of Florida;
(c) Absence. By letter, filed with the commission, the city attorney
shall designate one or more assistant city attorneys to perform the duties of city
attorney during Ri& ~ temporary absence or disability. :f.he aforementioned This
designation shall be limited to a period of 60 days. At the expiration of this time,
the commission shall appoint an interim or new city attorney in accordance with
the provisions of tAe this charter.
Section 4A4. 4.03 Assistant city attorneys. special counsel.
(a) Assistants. The city attorney shaU appoint as many assistant city
attorneys as authorized by the city commission. Compen&ation for tho assis.tant
oity attornoYE shall bo octablisRod by tho city attorney and approved by tho
commicGion.
(b) Special Counsel. The commission, whon it shall deem it
3pproprinta, may employ special counsel, outside of the legal department, who
shall conduct such investigations and perform such seNices as the commission
may direct and who shall report directly to the commission.
Section 4.OG. 4.04 Compensation.
The commission shall f>>< and provido for determine the compensation to
be paid to the city attorney and special counsel. Compensation for the assistant
city attorneys shall be established by the city attorney and approved by the
commission.
ARTICLE V. PLANNING AND-ZONING'" Reserved.
{Section 6.01. Regul3tion~
The commiGEion iE authorizod to ~ regulato the comprohonEiva
planning", and zoning. and bnd development of the city ::md r89ul3to land
development in tho m3nner ~ provided by law.
ARTICLE VI. JNITIA lIVE. REFERENDUM; RECALL
Section 6.01. Jnitiative.
The qualifiod voters of the city shall have power to propose ordinances to
the commissiont and, if the commission fails to adopt an ordinance so proposed
15
"
without any change in substance, to adopt or reject it at a city election, provided
that such powers shall not extend to the budget or capital program or any
ordinance relating to appropriation of money, levy of taxes.a. or salaries of city
officers or employees.
Section 6.02. MReferendum.
The qu::lIified voters of the city shall have power to require a
reconsideration by the commission of any adopted ordinance and. if the
commission fails to repeal an ordinance so reconsidered, to approve or reject it
at a city election, provided that such power shall not extend to the bUdget or
capital program.&. 9f-Bny emergency ordinance.a. or ordinance relating to
appropriation of money, levy of taxes.a. or appointment or salaries of city officers
or employees.
Section 6.03._ Recall.
The ~fieG-voters of the city shall have the power to recall or remove
from office any elected official or officials of the city, for the reasons and in the
manner set forth in the General Laws of the State of Florida. and more
particularly section 100.361, Florida Statutes.{F.S. 100.361}, inclUding any
amendments thereto.
Section 6.04._ Commencement of proceedings.
Any five qualified voters may commence initiative or referendum
proceedings by filing with the city clerk or other official designated by the
commission an affidavit stating they will constitute the petitioner!s: committee and
be responsible for circulating the petition and filing it in proper form. stating their
names and addresses.a. afld-specifying the address to which all notices to the
committee are to be sent. and setting out in full the proposed initiative ordinance
or citing the ordinance sought to be reconsidered.
Promptly after the affidavit of the petitioner!s: committee is filed, the clerk
or other official designated by the commission shall at the committee's request
issue the appropriate petition blanks to the petitioner!s: committee at the
committee's expense.
Section 6.05. _Petitions.
(a) Number of signatures. Jnitiative or referendum petitions must be
signed by qualifiod voters of the city equal in number to at least ten percent of
the total number of qualified voters registered to vote in the last regular city
election.
(b) Form and content. _All papers of a petition shall be uniform in size
and style and shall be assembled as one instrument for filing. _Each signature
16
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shall be executed In Ink or Indelible pencil and shall be followed by the address
of the person slgning._ Petitions shall contain or have attached thereto
throughout their circulation the full text of the ordinance proposed or sought to be
reconsidered.
(c) Affidavit of the circulator. .Each paper of a petition shall have
attached to It, when filed, an affidavit executed by the circulator thereof stating:
That the circulator personally circulated the paper; the number of signatures
thereon; that all the signatures were affixed In circulator's presence; that the
circulator believes them to be the genuine signatures of the persons whose
names they purport to be; and that each signer had an opportunity before
signing to read the full text of the ordinance proposed or sought to be
reconsidered.
(d) Time for filing referendum petitions. _Completed referendum
petitions must be fi/t::d within 90 days after the effective date of the ordinance
soughUo be reconsidered.
Section 6.06. .Procedure to flling.
(a) Certificate of city clerk; amendment. .Within 20 days after the
initiative or referendum petition is filed, the city clerk or other official designated
by the commission shall complete a certificate as to its sufficiency, specifying. if it
is insufficient, the particufars wherein it is insufficientdofoctive and shall promptly
send a copy of the certificate to the petitioner's committee by registered mail.
Grounds for insufficiency are only those specified in section 6.05 hereof. .A
petition certified insufficient for lack of the required number of valid signatures
may be amended once jf the petitioner!s: committee files a notice of intention to
amend it+with the city clerk or other official designated by the commission within
two working days after receiving the copy of the city clerk's certificates and files a
supplementary petition upon 3dditional poporf: within ten days after receiving the
copy of such certificate. TheSooR supplementary petition shall comply with the
requirements of subsections (b) and (c) of section 6.05 hereof and within five
days after it is filed the city clerk or other official designated by the commission
shall complete a certificate as to the sufficiency of the petition as amended and
promptly send a copy of such certificate to the petitioner's committee by
registered mail as in the case of an original petition. If a petition or amended
petition is certified insufficient. or jf a petition or amended petition is certified
insufficient and the petitioner's committee does not elect to amend or request
commission review under subsection (b) of this section within the time required.
the city clerk or other official designated by the commission shall promptly
present thems certificate to the commission and the certificate shall then be a
final determination as to the sufficiency of the petition.
(b) Commission review. .If a petition has been certified insufficient and
the petitioner's committee does not file a notice of intention to amend it or if an
amended petition has been certified insufficient, the committee may, within two
17
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--1
working days after receiving the copy of such certificate, file a request that it be
reviewed by the commission. The commission shall within 30 days review and
approve or disapprove it, and the commission's determination shall then be a
final determination as to the sufficiency of the petition.
Section 6.07. _Referendum petitions; suspension of effect of ordinance.
When a referendum petition is filed with the city clerk or other official
designated by the commission, the ordinance sought to be reconsidered shall be
suspended from taking effect. ~Such suspension shall terminate when:
!m 4-:- There is a final determination of insufficiency of the petition. or
!Ql2-:0 The petitioner!s: committee withdraws the petition, or
llll &. The commission repeals the ordinance, or
@ 4:- Tabulation of the ballots cast by the qu:lIified voters of the city on
the ordinance has been certified and reDeal of the ordinance has failed.
Section 6.08. ~Action on petitions.
(a) Action by commission. ~When an initiative or referendum petition
has been fin311y determined sufficient. the commission shall promptly consider
the proposed initiative ordinance in the manner provided in article" or reconsider
the referred ordinance by voting its repeal. )f the commission fails to adopt a
proposed initiative ordinance without any change in substance within 60 days or
fails to repeal the referred ordinance within 30 days after the date the petition
was finally determined sufficient, it shall submit the proposed or referred
ordinance to the qU3lified voters of the city.
(b) Submission to qU3lifiod voters. _The vote of the city on a proposed
or referred ordinance shall be held not less than 90 days and not later than 150
days from the date that the petition was determined sufficient. -'f no regular city
election is to be held within the period prescribed in this subsection. the
commission shall provide for a special election; otherwise, the vote shall be held
at the same time as such regular election, except that the commission may in its
discretion provide for a special election at an earlier date within the prescribed
period. _Copies of the proposed or referred ordinance shall be made available at
the polls.
(e) Withdrawal of petitions. ~An initiative or referendum petition may be
withdrawn at any time prior to the 15th day preceding the day scheduled for a
vote of the city by filing with the city clerk or other official designated by the
commission a request for withdrawal signed by at least four members of the
petitioner!s: committee. _Upon the filing of such request... the petition shall have
no further force or effect and all proceedings thereon shall be terminated.
18
Section 6.09. Results of election.
(a) Initiative. )f a majority of the qualifiod voters voting on a proposed
initiative ordinance vote in its favor. it shall be considered adopted upon
certification of the election results and shall be treated in all respects in the same
manner as an ordinance of the same kind adopted by the commission. Jf
conflicting ordinances are approved at the same election. the one receiving the
greatest number of affirmative votes shall prevail to the extent of such conflict.
(b) Referendum. -'f a majority of the qualified voters voting on a
referred ordinance vote against the referred ordinance. it shall be considered
repealed upon certification of the election results.
ARTICLE VII. _GENERAL PROVISIONS
Section 7.01. _Charter amendment
(a) Initiation by ordinance. -'n addition to charter amendments
othelWise authorized by law, the commission may, by ordinance. propose
amendments to any part or all of this charter, except article I, section 1.02.
prescribing boundaries, and upon passage of the initiating ordinance shall place
the proposed amendment to a vote at the next general election held within the
city or, at a special election called for such purpose.
(b) Initiation by petition.
1. The qualifiod voters of the city may propose amendments to this
charter. except article I, section 1.02. prescribing boundaries. in the manner set
forth in article VL section 6.05(a)~-{c).
2. Upon certification of the sufficiency of the petition by the city clerk,
the commission shall place the proposed amendment to a vote of the qualified
voters at the next general or special election held not less than 90 days nor more
than 150 days after certification.
Section 7.02. Charter review advisory committee.
The commission shall appoint a charter review advisory committee in
January, 1994, and at least every five years thereafter provided the
appointments are made in January of a year preceding a city election. The
charter review advisory committee shall be composed of not less than ten
members~ aAd-Jt shall review the existing charter and make recommendations to
the commission for revisions thereto.
ARTICLE VIII. ~NOMINA TIONS AND ELECTIONS
19
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Section 8.01. _Qualified voters.
Any person who is a resident of the city of CIS3f\1"t3te4:-who has qualified
as a voter of the St3te of Florida, and Pinellastfle County of PiRoll:1s, and who
registers in the procedural manner prescribed by lawtho General L::1'l.'S of Florida
::1nd tho ordinanco& of tho oity, shall be a qualified voter of the city.
Section 8.02. _Nonpartisan olections.
All nominations and elections for commission shall be conducted on a
nonpartisan basis aRG-without regard for or designation of political party affiliation
of any nominee on any nomination petition or ballot. .
Section 8.03. _Form of ballots.
The commission shallr by ordinance; prescribe the form of the ballot and
the method and mannor of holding and the conductinq ef-all elections of the city.
(a) Commission ballots. _Candidates for seats on the commission shall
be grouped according to the seat number for which they are candidates. _Within
eachtho&o groups, names shall be placed on the ballot alphabetically. _No
candidate may seek election to more than one seat in any given election.
(b) ,Charter amendment. _A charter amendment to be voted on by the
qualified voters of the city shall be presented for voting by ballot title. _The ballot
title of a measure may differ from its legal title and shall be a clear, concise
statement describing the substance of the measure without argument or
prejudice. _Below the ballot title shall appear the following question: "Shall the
above described (ordinance) (amendment) be adopted?" Jmmediately below
such question shall appear, in the following order, the word lIyes" and also the
word IIno" with a locatiom;ufficiont blank sp::1ce thereafter f{)r the placing of the
symbol IIX" to indicate the voter's choice or if voting machines arc used, the .
question eh;)1I be placed GO 3& to indic::1to to tho eloctor INhich levor or punch
hole is used in ardor to caet :1 voto for or og3inGt.
Section 8.04. _Nominations.
The names of candidates for commission shall be placed upon the
election ballot by the filing of a written notice of candidacy with the city clerk at
such time and in such manner as may be prescribed by ordinance. _The
ordinance shall require the payment of a qualifying fee in the amount of $50.00.
The candidate shall submit petition cards from not less than 250 qualified-citv
voters.
The qualifying fee and petition cards are to be received by the city clerk
not more than 60 days nor less than 46 days prior to the date of the election.
The notice must designate the number of the seat for which the candidate is
20
I.
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seeking election. _All applications shall be accompanied by an affidavit that the
candidate is a qualified-voter of the city and has been a resident of said city
continuously for at least one year immediately prior to the filing of the notice of
candidacy. _Where only one candidate qualifies for nomination to a seat on the
commissiont then no general election shall be held with respect to the seat and
the candidate shall be declared elected to the seat.
Section 8.05. _EJections.
(a) Commission positions. _All members of the city commission except
=:IE othsfYlico providod by tho ch=:I rter, shall be elected at large by tho qualified
votore of the cily. The candidate receiving the largest number of votes among
the candidates for that seat shall be elected.
(b) Regular elections. _Regular city elections shall be held on the
second Tuesday in March of each year in which a commission term expires.
(c) Special elections. _Special municipal elections may be called by the
commission at any time for such purposes as are authorized by this charter or by
law. _Notice of nil cpocbl electionc Ghall bo publiGhed in :) city doily nO'....Gpopor in
accardo.nee with &tote statuto&.
(d) Canvassing board. _The commission shall meet as a canvassing
board within 24 hours after the closing of the polls in any municipal election and
shall canvass the election returns except when such election is held in
. I conjunction with an election conducted by Pinellas Countyt in Which case tAe
certification of the returns by the county canvassing board may be accepted as
the certification of the municipal election returns.
Section 8.06. _Candidate vacancy.
If the death. withdrawal or removal from the ballot of a ~alified candidate
occurs after the end of the qualifying period and leaves -fewer than two
candidates for an office, then the qualifying period -shall be extended to the
latest date onfet: which -a name can be added to the ballottho oloction guidolines
can bo mot. If a name cannot be added to the ballotthe olomie" guidelinos
coonol bo met, the remaining candidate shall be declared elected.
ARTICLE IX. _FISCAL MANAGEMENT PROCEDURE
The fiscal management procedure shall include provisions relating to the
operating budget, capital budget,l. and capital program, providing for hearings on
the budget, capital budget and capital program and the amendment of the
budget following adoption. TheSuch ordinance shall iA-additioA contain a
provision requiring that revenue bonds for projects in excess of one million
dollars sRaU-be put to public referendum with the exception of revenue bonds for
public health, safety or industrial development and revenue bonds for refunding.
21
ARTICLE X. ~TRANSITION SCHEDULE
Section 10.01. Continuation of former charter provisions.
All provisions of Chapter 9710, Special Acts of 1923, Florida Legislature,
as amended by special law or otherwisel which are not embraced herein and
which are not inconsistent with this charter shall become ordinances of the city
subject to modification or repeal in the same manner as other ordinances of the
city.
Section 10.02. _Ordinances preserved.
Aft ordinances in effect upon the adoption of this charter to the extent not
inconsistent with it. shall remain in force until repealed or changed as provided
herein.
Section 10.03. Rights of officers and employees.
Except as is specifically provided herein. nothing in this charter except as
otherwico spocifically provided-shall affect or impair the rights or privileges of
persons who are city officers or employees at the time of adoption. _City
commissioners shall continue to hold their offices :md discharge tho duties
thoroof-until their successors are elected.
Section 10.04. _Pending matters.
22
All rights. claims actions, orders, contracts and legal or administrative
proceedings involving the city shalf continue except as modified pursuant to the
provisions of the charter.
Section 10.05. _Schedule.
(a) Effective date. _Article Viti of this charter fetatffig to nomin3tion and
olection of (lily officials shall take effect immediately upon passage of this charter
at referendum. Term limits as specified in Section 2.03 sRolI not bo retraaGtive
aA4 shalt become effective for elections after 1994 for ocrch respoctive S93t on
tho date of the noxt olaction for thcrt &oat.
(b) Time of taking full effect. ~This charter shall be in full effect for all
purposes on and after approval by a majority of the electors voting in a valid
special election to be called for such purpose, and upon being filed with the
secretary of state.
(0) Initial salary of commission mombers. _Mombers of the commission
sRall race;\'{) an annual &oJa~' equal to that in effect undor tho prior ch:u1er until
such time as changed in accor<lance with this chartor.
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(d) Tr.ansition ordinances. The oommlssion shall adopt ordlnancec and
resolutions required to effect tho tronsition. Ordinances adopted within 60 'days
of the first commission meeting under thic charter for the purpoco of fncilibting.
, tho trancition may bo passed os emergency ordinances following procedures set
, up by law except th~t transition o'rdinonooc chan bo effoctivo for up to gO days ,
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ORDINANCE NO. 6372-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CITY CHARTER
AMENDING SECTION 1.01 OF THE CITY CHARTER TO
TRANSFER CERTAIN LANGUAGE CONTAINED IN
SUBSECTION (d) TO SUBSECTION (a) AND TO CLARIFY
SUBSECTION (b) TO ALLOW THE CITY TO EXERCISE
ITS POWERS, PERFORM ITS FUNCTIONS, AND
PARTICIPATE IN THE FINANCING THEREOF, WITH ANY
PERSON AS DEFINED BY LAW; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
I.
Section 1. It is hereby proposed that Section 1.01 of the City Charter be
amended as follows:
Sec. 1.01. Corporate existence and powers.
(a) The City of Clearwater. Florida. hereinafter referred to as the city, as
created by Chapter 9710t Special Laws of Florida, 1923. as amended, shall exist and
continue as a municipal corporation. shall have all governmental. corporate and
proprietary powers to enable it to conduct municipal government, perform municipal
functions and render municipal services, and may exercise any power for municipal
purposes except when expressly prohibited by law. In addition to the powers
enumerated herein. the city shall be vested with all powers Qranted by general or
special acts of the Legislature of the State of Florida and otherwise provided bv law.
(b) The city may exercise any of its powers or perform any of its functions and
may participate in the financing thereof. by contract or otherwise, jointly or in
cooperation with anyone or more states or political subdivisions or agencies thereof, or
the United States or any agency thereof. or with any person as defined by law.
(c) The powers of the city under this charter shall be construed liberally in
favor of the city. The city will be empowered to do whatever is necessary and proper for
the safety, health. convenience and general welfare of its inhabitants. The specific
mention of a particular power in the charter shall not be construed as limiting in any way
the general power stated in this section of article I.
(d) In 3ddition to the powers onumor3tod hereint the city shall be vested with
all powerc granted by gener31 or spooi31 acts of tho Legislaturo of tho Stato of Florida
and othelVt'ise providod by law.
Ordinance No. 6372-99
iff
Section 2. A referendum election Is hereby called and will be held on March 9,
1999, at the general city election for the consideration of the voters of the City of
Clearwater 'for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9, 1999, shall be as follows:
CllY POWERS
Shall Section 1.01 of the City Charter be amended as provided in
Ordinance 6372~99 to provide that the City may exercise its powers,
perform functions and finance with any person as defined by law and to
consolidate Subsections (a) and (d) relating to the powers of the City?
YES'
NO
For amendment to City Charter
Against amendment to City Charter
Section 3. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item prOVided above shall be considered at the
election to be held on March 9, 1999.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the fUing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey. Mayor~Commissioner
Approved as to form: Attest:
Pamela K. Akin, City Attorney Cynthia E. Goudeau. City Clerk
2 Ordinance No. 6372-99
..
'+5
ORDINANCE NO. 6373~99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTION 2.01(d) REGARDING LIMITATIONS
ON COMMISSION POWER TO ELIMINATE CHARTER
RESTRICTIONS ON PURCHASING OF GOODS AND
SERVICES; TO INCREASE AMOUNT OF DREDGING
PERMITTED WITHOUT REFERENDUM; TO PERMIT THE
SALE, LEASE OR DONATION OF REAL PROPERlY FOR
LESS THAN APPRAISED VALUE; TO LIMIT LEASES OF
MUNICIPAL PROPERTY TO 30 YEARS; TO ELIMINATE
THE REQUIREMENT OF RECAPTURE AND REVERTER
CLAUSES IN LEASES; MAKING CERTAIN NON-
SUBSTANTIVE CHANGES; PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Subsection (d)(2) of Section 2.01 of the
City Charter be amended as follows:
Sec. 2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shalf have the follOWing
limitations:
(2) The city commission shall by ordinance adopt procedures for the
purchase or rental of goods and services. All pur-thas8s in excesc of
$10.000.00 chal! be aw::trded to the lowest rocponsive ~nd rosponcible
bidder. coreetod after recoiving cealed, oompetitive bide from no less than
threo qU3lifiod vendors '....henever pr::lGtio31; pro'.~idod. ho'....ovor, that cuch
purchacoG that are in 0)(C006 of $251000.00 sh::lIl bo awardod by the
commission. No oORtract or purchase whioh iG subject to tho roquiremonts
imposod by this paragraph m3Y bo cplit or otherwico awarded in a
cumul3tivo maRAef:-
Section 2. It is hereby proposed that Subsection (d)(3) of Section 2.01 of the
City Charter he amended as follows:
Ordinance No. 6373-99
45
Sec. 2.01. Commission; composition; powers.
Cd)
limitations:
Limitations. The legislative power provided herein shall have the following
(3)
With the exception of maintenance or emergency dredging, or aRd
dredging relating relatod to that portion of Dunedin Pass located within the
boundaries of the city, permits for dredging or filling in excess of 4,000
10.000 cubic yards below the mean high water line may be authorized
only after !! properly advertised public hearinge before the commission
and approval at referendum.
Section 3. It is hereby proposed that Section 2.01(d)(4) of the City Charter be
amended as follows:
Sec. 2.01. Commission; composition; powers.
(d) Limitations. The legislative power provided herein shall have the fOllowing
limitations:
!4l Real property.
(i) Prior to the sale, donation, or othor tr-ansfer or to the lease for a
term; (including options to renew) longer than five years, donation
or other transfer. of any municipal real property, the real property
must be declared surplus and no longer needed for municipal
pUblic useJ. by the commission at an advertised public hearing.
Exoept in the caBO of right of way or e~lGOmontE Of transactions
\Nith governmontal entitios aE dOlscribed herein, no rool proporty
may bo giveR aW(lY or donatod without prior 3pprov>l1 of the
qualifiod voters of the-.city at roferendum.
(ii) Except as otherwise provided herein, real property declared
surplus shall be sold, donated. leased for a term (including options
to fP.new) longer than five years. or otherwise transferred to the
party GubmittiRg tho h;ghost Gompetitivo bid :Jbovo tho 3ppraised
YakIe whose BiG proposal meets the etRef: terms set by the
commission and whose proposed use of ~NUI uce the property is in
accordance with the commission's stated purpose for declaring the
property surplus. if any.
(m) Surplus real property may be transferred with or without
consideration to another governmental entity for leSE th::m the
appraicsd yolue after an advertised public hearing has been held
2
Ordinance No. 6373~99
__k~_,.+.'.
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and a finding by the commission of a valid public purpose for the
transfer.
(iv) Surplus real property may be exchanged for other real property
having ;1 comp;1rablo appr3icoG !ill..acceptable value as determined
by the commission at an advertised public hearina.
(v) No municipally owned real property identified as recreation/open
space on the city's comprehensive land use plan map ac E3id plan
existed on November 16. 1989 (or as may be amended thereafter).
may be sold, donated leased for a new use. or otherwise
transferred con'.'eyod to anothor ontity without prior approval of the
qualified voteF& at referendum, except when the commission
determines it is appropriate to dedicate right-of~way from such
propertyie& idontified as rocra:Jtion/open Ep~ce. Such
recreation/open space property may be leased for an existing use.
without referendum, unless such lease is otherwise prohibited by
charter or ordinance.
(vi) No right-of-way or easement which terminates at. or provides
access to. the water's edge of either a body of fresh or salt water 9f
~ body of tfe&h '.'I3teF- may be vacated for private tOO benefit at
flrivato individu3ls. Nothing contained in this paragraph shall
prevent an easement for utility purposes from being exchanged for
a new easement for similar purposes or from converting a fee
interest for utility purposes into an easement for such purposes.
{viij No lease of municipal real property shall exceed 30 years including
option to renew. The commission has tho po'/o'or to lease municip:lI
raol property for five Y03TG or lesr: without doolaring it r:urplus.
Municip:d real preperty doclared curpluE may DO lom;ed for a torm
up to 30 years, provided. however, nothing horoin sholl prooludo
feR8wol of any 103&0 for a maximum of 30 years. Ml:IAicip31
fJf9perty declar<1d EurpluG may be I03sod for an initial poriod of time
or a r-onm\'al period exceoding 30 ye=:uG. if approvod ::It roferondum.
but not to oxcood 60 years tot3!. Loa&oG of rO::l1 property in on
industrial park sholl provide for continu:ll uce for privato/public
businor:G purpoces 3nd sh311 provide a reason3ble r3to of return
aR-tRe city's invoctment including a rent escalation cbuco.
~ All le3&ec of municip31 reol proporty Sh311 contain recapture and
revorter c13us8s.
~ (vii) When Tho commission 'I.'hen purchasing real property for WAese
salos prieD is less than $250.000.00. the commission at a minimum
3
Ordinance No. 6373-99
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l(5
shall obtain an appraisal performed by tho appropriate city staff or
an independent certified appraiser. If the purchase &ale& price of
such property i& equal~ tG or exceeds $250,000.00 but is less than
$500,000.00, the commission sha," obtain at least one appraisal by
an independent certified appraiser. If the purchase &ale& price of
such property equal~ tG or exceeds $500,000.00, the commission
shall obtain at least two appraisals by Independent certified
appraisers.
Section 4. A referendum election is hereby called and will be held on March 9,
1999, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The questions to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9, 1999, shall be as follows:
PURCHASING REQUIREMENTS
Shall Section 2.01 (d)(2) of the City Charter be amended as provided in
Ordinance 6373~99 to delete a requirement that purchases in excess of
$10,000.00 be competitively bid and that all purchases in excess of
$25,000.00 be awarded by the Commission. and to provide instead that
the Commission shall adopt an ordinance which provides procedures for
purchase or rental of goods and services?
YES
NO
For amendment to City Charter
Against amendment to City Charter
DREDGING
Shall Section 2.01 (d)(3) be amended as provided in Ordinance 6373~99 to
increase the amount of dredging permitted without referendum from 4,000
cubic yards to 10.000 cubic yards?
For amendment to City Charter
Against amendment to City Charter
YES
NO
SALE. LEASE OR TRANSFER OF REAL PROPERTY
Shall Section 2.01 (d)(4) be amended as provided in Ordinance 6373-99
to: permit the sale, lease, exchange or transfer of municipal real property
for less than the appraised value. or allow said property to be do.nated
without referendum; restrict a term of any lease of municipal real property
4
Ordinance No. 6373-99
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to no more than 30 years; delete the requirement for recapture and
reverter clauses in leases. and other non substantive changes?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 5. The City Clerk ;s directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9. 1999.
Section 6. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
. upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor~Commissioner
Approved as to form:'
Attest:
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
5 Ordinance ,No. 6373~99
. ., ..~.. ~...;. ..... ...~ t. . ...' .
"
'+~
ORDINANCE NO. 6374-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CITY CHARTER
AMENDING SECTION 2.03 OF THE CITY CHARTER TO
PERMIT A COMMISSIONER OR MAYOR~COMMISSIONER
TO SERVE lWO FULL TERMS IN ADDITION TO ANY
PARTIAL' TERM. AND TO PROVIDE THAT
COMMISSIONERS SHALL BE SWORN IN AT THE NEXT
COMMISSION MEETING FOLLOWING THEIR ELECTION;
AND OTHER NON-SUBSTANTIVE CHANGES;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.03 of the City Charter be
amended as follows:
Section 2.03. Election and terms.
All commissioners, including the mayor-commissioner. shall be elected for terms
of three years. Terms shall overlap, with tho mayor commiEsionGr and two
commissioners eJected one year, and the additional two commissioners and the mayor-
commissioner elected the following year.
A pen-;on shall not GOIVG more than cix COnG6cutive yeam as 3 city commiEsionor
aftor '.vhi6h Guch porcon shall-Ret hold any city commisGion &8at, other than m::1yor
commissioner, far a minimum af three YO:JFG:
A porcon ch:lIl not caPle mor-e than Eix concocutive yams au m::1yor
Gommissioner aftor which cuch porson shall not serve as m3yor commissioner or hold
any city oommission SC:::It for a minimum of throe years.
No person who has. or but for resignation or forfeiture of office would have.
served as a commissioner for two consecutive full terms shall serve as a commissioner
other than mayor-commissioner for the succeeding three-year term. No person who
has. but for resignation or forfeiture of office would have. served as mayor-
commissioner for two consecutive full terms. shall serve as mayor-commissioner or
commissioner for the succeeding three-year term. Term limits shalf be effective for
each resoective seat on the date of the next election for that seat after 1994.
Ordinance No. 6374-99
'IT
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Newly elected commissioners shall take office and be sworn in on the first
-lhurcday in /\pril at the next commission meeting following certification of city election
returns.
Section 2. A referendum election is hereby called and will be held on March 9,
1999, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9, 1999. shall be as follows:
COMMISSION ELECTION AND TERM OF OFFICE
Shall Section 2.03 of the City Charter be amended as provided in
Ordinance 6374-99 to revise the term limit provision to allow the
commissioner or mayor~commissioner to serve two full terms in addition to
any partial terms, removing the six consecutive year limitation which each
commissioner or mayor~commissioner may serve; to provide that newly
erected commissioners shall take office at the next commission meeting
following certification of election returns?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Section 3. The City Clerk is directed to notify the PineUas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 1999.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita GarveYt Mayor-Commissioner
Approved as to form: Attest:
Pamela K. Akin, City Attorney Cynthia E. Goudeau. City Clerk
2 Ordinance No. 637 4~99
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ORDINANCE NO. 6375..99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA. SUBMITTING TO THE CITY ELECTORS
PROPOSED AMENDMENTS TO THE CITY CHARTER
AMENDING SECTION 2.07(e) and (f) OF THE CITY
CHARTER TO ELIMINATE THE CHARTER
RESTRICTIONS ON ADVISORY BOARDS; AMENDING
SECTION 3.03(f) OF THE CllY CHARTER TO REQUIRE
THE CITY MANAGER TO MAKE ANNUAL
COMPREHENSIVE REPORTS; AMENDING SECTION 4.02
REGARDING CITY ATTORNEY TO ELIMINATE CERTAIN
RI:QUIREMENTS; AMENDING SECTION 6.09
REGARDING ORDINANCES ADOPTED BY INITIATIVE OR
REPEALED BY REFERENDUM; AMENDING SECTION
8.02 REGARDING NONPARTISAN ELECTIONS TO
ADDRESS ADVERTISING UNDER THE CONTROL OF
THE CANDIDATES; PROVIDING AN EFFECTIVE DATE.
. BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Section 2.07(e) and (f) of the City Charter
be amended as follows:
Section 2.07. Vacancies; forfeiture of office; filling vacancies; advisory boards.
(e) Mv/sary boards. Tho commiscion may :lt ony time appoint on advisory
beard (e:) composed of FOGidontc of the city qualifiod to :let in ::m aGvicory capacity to the
commicsion. An "advisory bo:ud" ch::lIl moan any board, group, oommittee Gf
commicsion l.Nhose pO':J8rs, jurisdiction :md authority are Bolaly odvisory and do not
include the final det-ermination or adjudication of :my personal or property rightc, dutie&
or obligations. The memberc of such board{s) Ghol~8erve 'Nithout compsRsation for the
time fixed in their appointment, or at tho pleacuro of the commiscion and their duties
shall bo to commit 3Ad :Jd'lise with such municipal officorc and mako tNFitten
rooommendations which shotl become port of the r-ecords -of tho .oity. All meetingc chan
be publio.
ef) Regulatory boards. (el Boards~ The commission is empowered to appoint
such advisory boards as it deems appropriate and regulatory board(s) as may be
established by law.
Section 2. It Is hereby proposed that Section 3.03(f) of the City Charter be
amended as follows:
Ordinance No. 6375-99
Lf7
Section 3.03. Powers and duties of the city manager.
The city manager shall:
(f) Submit to the commission at the first regular meetina in September of
each year and make available to the public a comprehensive report on the
finance financial and administrative activities of the city,:, 3& of the end of
the ficc31 ye:Jr. In :Jddition to tho oomprehonciva report, tho city manageF
shall submit a quarterly financial report.
Section 3. It is hereby proposed that Section 4.02 of the City Charter be
amended as follows:
Section 4;03. 4.02 City attorneYl appointmont, romo\'al. GOmpOR8ationr
quaJifi oali 0 n&-afld-.dutie&.
(a) The city attorney. shall be appointed by the affirmative vote of four
commission members and may be removed by a majority of the members of the
commission members voting for removal. Upon request by the city attorney a public
hearing will be held prior to a vote to remove the city attorney. The city attorney shall be
a-qualifiod a"orn€lY at 13'1:. admitted and currently oligibla to pr3ctico beforo ell of the
Gcurts of the State of Florida 3nd tho appropriate U.S. District Court; and chall be a
member in good standing of the The Florida Bar.
Section 4. It is hereby proposed that Section 6.09(a) and (b) of the City Charter
be amended as follows:
Section 6.09. Results of election.
(a) Initiative. If a majority of the qualified voters voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the
election results and shall be treated in all respects in the same manner as an ordinc:nce
of the same kind adopted by the commission~ except that it may not be repealed until
after the next repular city election. If conflicting ordinances are approved at the same
election, the one receiving the greatest number of affirmative votes shall prevail to the
extent of such conflict.
(b) Referendum. If a majority of the qualified voters voting on a referred
ordinance vote against the referred ordinance. it shall be considered repealed upon
certification of the election results~ and may not be reenacted in substance until after
the next regular city election.
Section 5. It is hereby proposed that Section 8.02 of the City Charter be
amended as foHows:
Section 8.02. Nonpartisan elections.
2
Ordinance No. 6375-99
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All nominations and elections for commission shall be conducted on a
nonpartisan basis aRd-without regard for or designation of political party affiliation of
any nominee on any nomination petition or ballot,:, or political advertisement under the
control of the candidate.
Section 6. A referendum election is hereby called and will be held on March 9.
1999, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9. 1999, shalf be as follows:
ADVISORY AND REGULATORY BOARDS
Shall Section 2.07(e) and (f) of the City Charter be amended as provided
in Ordinance 6375-99-99 to remove the charter limitations on advisory
boards and provide that the commission may appoint such advisory
boards as it deems appropriate and regulatory boards as established by
law?
YES
NO
For amendment to City Charter
Against amendment to City Charter
ANNUAL REPORT OF MANAGER
Shall Section 3.03(f) of the City Charter be amended as provided in
Ordinance 6375-99 to require the city manager to submit at the first
regular meeting of September of each year a comprehensive report on the
financial and administrative activities of the city and delete the
requirement for a quarterly financial report?
YES
NO
For amendment to City Charter
Against amendment to City Charter
CITY ATTORNEY QUALIFICATIONS
Shall, Section 4.02(a) of the City Charter as provided in Ordinance 6375-
99 be amended to delete the requirement that the city attorney be
admitted to practice before the U. S. District Court?
YES
NO
For amendment to City Charter
Against amendment to City Charter
3
Ordinance No. 6375~99
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INITIATIVE AND REFERENDUM ELECTION RESULTS
Shall Section 6.09(a) and (b) of the City Charter as provided In Ordinance
6375-99 be amended to provide that any ordinance adopted by initiative
of the voters may not be repealed by the Commission until after the next
regular city election and that any ordinance repealed by referendum may
not be readopted by the Commission until after the next regular city
election?
YES
NO
For amendment to City Charter
Against amendment to City Charter
NONPARTISAN ELECTIONS
Shall Section 8.02 of the City Charter as provided in Ordinance 6375-99
be amended to provide that political advertising under the control of
commission candidates ,shall not indicate party affiliation?
YES
NO
For amendment to City Charter
Against amendmant to City Charter
Section 7. The City Cterk is directed to notify the Pinel/as County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9. 1999.
Section 8. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey. Mayor-Commissioner
Approved as to form: Attest:
Pamela K. Akin. City Attorney Cynthia E. Goudeau, City Clerk
4 Ordinance No. 6375-99
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ORDINANCE NO. 6376~99
L-fZf
AN ORDINANCE OF THE CITY OF CLEARWATER.
FLORIDA. SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CITY CHARTER
AMENDING SECTION 7.02 OF THE CITY CHARTER TO
CHANGE THE COMPOSITION OF THE CHARTER
REVIEW COMMITTEE; TO REQUIRE THAT THE
CHARTER AMENDMENTS PROPOSED BY THE
COMMITTEE BE SUBMITTED DIRECTLY TO
REFERENDUM; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER. FLORIDA:
Section 1. It is hereby proposed that Section 7.02 of the City Charter be
amended as follows;
Section 7.02. Charter review advisory committee.
The commission shall appoint a charter review 3dvisory committee in January,
.:t 994, and at least every five years tharcafto~ hereafter provided the appointments are
made in January of a year preceding a city election. The charter review 3dvicory
committee shall be composed of-flot lass th:m ten members... 3nd it ch311 reviow the
exi&ting charter and mako recommondatioRc to tho commission for rm'icionc therotG.
two of whom mav. shall be commission members. Each commission member shall have
two appointments. with the exception of the two commission members who are on the
committee. who shall have one appointment each. The charter review committee shall
submit a report to the citv commission on or before December 1 of the year in which the
charter review was held. Included in the report shall be any proposed amendments to
the charter tOQether with the wording of the auestion or questions which shall be voted
upon at referendum. The city commission shall call a referendum election to be held in
connection with the next city election for the purpose of voting on the question or
questions submitted by the charter review committee. Neither the amendments or
~uestions may be changed by the citv commission.
Section 2. A referendum election is hereby called and will be held on March 9,
19991 at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regular
municipal election scheduled for March 9. 1999. shall be as follows:
. Ordinance No. 6376-99
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CHARTER REVIEW COMMllTEE
Shall Section 7.02 of the City Charter be amended as provided in
. Ordinance 6376~99 to require that the Charter Review Committee be
composed of ten members. two of whom are city commissioners; to
require that proposed amendments to the charter recommended by the
Charter Review Committee shall be submitted directly to referendum?
For amendment to City Charter
Against amendment to City Charter
YES
NO
. Section 3. The City Clerk is directed to notify the Pinellas County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 1999.
Section 4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey. Mayor~Commissioner
Approved as to form:
Attest
Pamela K. Akin. City Attorney
Cynthia E. Goudeau, City Clerk
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Ordinance No. 6376~99
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ORDINANCE NO. 6377-99
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, SUBMITTING TO THE CITY ELECTORS A
PROPOSED AMENDMENT TO THE CITY CHARTER
REPEALING ARTICLE IX, FISCAL MANAGEMENT
PROCEDURES, OF THE CITY CHARTER TO ELIMINATE
THE REQUIREMENT OF A REFERENDUM FOR
REVENUE BOND PROJECTS IN EXCESS OF ONE
MILLION DOLLARS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CllY OF CLEARWATER, FLORIDA:
Section 1. It is hereby proposed that Article IX of the City Charter be repealed:
ARTICLE IX. Reserved. S:ISCAL MANAGEMENT PROCEDURE~
Tho fh::oaf management proooduro shall include provisions rel:::lting to the
oporating budgot. oapital budget and capit:J1 program, providing fer he3rings. on the
budget. capital budget nnd oapital progr::tm and the amondment of tho budget follo\...ing
adoption. Such ordinaRce chall in uddition contain ::l provision roquiring that rovenue
Bonde for projects. in eXOOGS of ono million dollars shall be put to public roferendum with
tho exception of ro\'onuo bonds for publio health. safety OF ~nduGtrial de).'olopment ane
fGveRue bonds foF refunding.
Section 2. A referendum eJection is hereby called and will be held on March 9.
1999, at the general city election for the consideration of the voters of the City of
Clearwater for the proposed charter amendments. The question to appear on the
referendum ballot reflecting the proposed amendment to the charter at the regurar
municipal election scheduled for March 9, 1999. shall be as follows:
FISCAL MANAGEMENT PROCEDURES
Shall Article IX of the City Charter be amended as provided in Ordinance
6377-99 to remove the requirement that revenue bonds for projects in
excess of one million dollars be put to public referendum unless they are
for revenue bonds for public health, safety or industrial deveropment and
revenue bonds for refunding?
YES
NO
For amendment to City Charter
Against amendment to City Charter
Ordinance No. 6377~99
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Section 3. The City Clerk is directed to notify the Pine lias County Supervisor
of Elections that the referendum item provided above shall be considered at the
election to be held on March 9, 1999.
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I."
Section -4. This ordinance shall take effect immediately upon adoption. The
amendments to the City Charter provided for herein shall take effect only upon approval
. of a majority of the City electors voting at the referendum election on these issues and
upon the filing of the Amended Charter with the Secretary of State.
,
, .
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Rita Garvey, Mayor~Commissioner
Approved as to form: Attest:
Pamela K. Akin, City Attorney Cynthia E. Goudeau, City Clerk
2 . Ordinance No. 6377 ~99
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Clearwater City Commission
Agenda Cover Memorandum
Item n. : -'. ,5:1, ':'. ',,'
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Meeting Dale: : J ~.' 'to'~9 8..
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SUBJECT:
Tuscany Apartments Development Project
RECOMMENDA liON/MaliaN:
Authorize a 3% 20 year loan with two year deferment to CED Construction Companies to develop a
. 240 Elderly Housing Apartment Complex.
IBJ and that the appropriate officials be aulhorized to execule same.
BACKGROUND:
. On March 5, 1998, the City Commission authorized local contributions of $914,490 to support the development of
Tuscany Apartments by CEO Construction Co. under the Low Income Housing Tax Credit Program.
. CEO Construction Co. was not successful in their application for funding under the Low Income Housing Tax
Credit Program. The unsuccessful tax credit application voided the City's commitment of$914,490 support to the
development of Tuscany Apartments.
. CED applied for and was awarded $9,500,000 in tax exempt bonds through the Multi-family Rental Housing
Bond Program to develop Tuscany Apartments. The total project cost is $16,471,327.
. CEO is applying for $1,221,087 through the State of Florida State Housing Incentive Program. The State Housing
Incentive Program require a $1,000,000 local commitment for applicants.
. One December 10, 1998 CEO Construction Companies requested that the City reaffirm its loan to Tuscany
Apartments in the amount of $250,000. The terms of the original loan were a 1 % interest only loan for 239
payments and a balloon on the 240th payment. This loan is a 3% 20 year loan with a two year deferment.
. To complete the $1,000,000 requirement, CED has a commitment of $276,625 from Pinellas County. The terms
of this loan is also a 3% 20 year loan with a two year deferment. CED will use $700,000 from tax credits
associated with bond financing proceeds as the final commitment.
Reviewed hy: Originating Department: Costs: Commission Action:
Legal $250,0 o Approved
00
Budget \JW\ 'h Total o AIJprollcd w/Contiitions
purchasing N/A User Department: o Denied
Risk Mgmt. N/A Current Fiscal Year 0 ContinuLod to:
IS Funding Source:
ACM o C~plld Improvcmcn!J
Other Advertised: 0 Opcr~t1nll:
Date: 0 Other: Attachments:
Paper:
Submitted by: 0 Not Required Appropriation Code
Affected Parties: 603-000000-120161J.{J00.OOO
0 Notified 191-00DOO.128160.{JOO.{JOO o None
Clt'! Manager 0 Not Required
o Printed on recvcled paper
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CEO application through the State's S.A.I.L Program will not be successful without the City's subsidy. A letter of
commitment from the local government is necessary: This commitment could be contingent upon CED
Construction Co. meeting all required underwriting criteria established by the City. CEO will make a fonnal
application with the City within 90 days.
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CEO Construction will provide $5,223,6] 5 in owner equity to develop Tuscany Apartments.
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· CEO Construction Co. has stated that the balance of the local contributions the City authorized for the low income
housing tll?' credit project is still needed. CEO will make a fonnal request for those funds in January] 999.
}.
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Approval of this 3% 20 year loan with a two year defennent do not commit the City to approving any other
concessions associated with this project. .
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5141 78TH AVE.' P.O. BOX 1100
PI~~ELLAS PARK, FL 33780.1100
PHONE .
FAX
SUNCOM'
(813) 541.0700
(813) 544.7<<8
969-1011
November 19, 1998
COPIES TO:
~"~H!:C:: r: ""\/10'
NOV 2 .1 1989
.....r.... .... "'"
CLERK I An ~JH"'4'
Mayor Rita Garvey .
City of Clearwater
. P.O. Box 4748
Clearwater. FL 33758-4748
Dear Mayor Garvey,
Enclosed please find a copy of Resolution No. 98~78 passed by the City of Pine lias Park, at their
Regular Council meeting held on November 12, 1998, expressing opposition to the PineUas County
Charter Review Commissionsl recommendation regarding future charter amendments.
The City of Pinellas Park thanks you for your consideration in this matter.
Sincerely,
!bt~di~
City Clerk
Enclosure
GM:K/dmc
ft
~ PRINTED ON RECYCLED PAPER
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.RESOLUTION NO. 98. 78
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PINELLAS PARK,
FLORIDA, EXPRESSING OPPOSITION TO THE PINELLAS COUNTY CHARTER
REVIEW COMMISSION1S RECOMMENDATION REGARDING FUTURE CHARTER
AMeNDME~TS: PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Pine lias County Charter Review Commission has met to review
the operations of county government; and
WHEREAS, the Pinelfas County Charter Review Commission has developed four
(4) recommendations to amend the existing County Charter; and
WHEREAS, the Plnellas County Charter Review Commission recommends the
Charter be revised so amendments produced in the future are not required to be
approved by the Florida Legislature prior to being submitted to the voters for their
approval.' except for those concerning the constitutional offices; and
WHEREAS, the City of Pinellas Park believes that such an amendment will have
an adverse effect on municipal sovereignty.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF PINELLAS PARK, PINELLAS COUNTY, FLORIDA, AS FOLLOWS:
SECTION Ot,iE: That the Mayor and City Council urge all City governments and
the members of the Pine lias County legislative Delegation to oppose fegisration which
will allow for such Mure charter amendments without prior approval of the Florida
Legislature and to continue to support Pinellas County Municipal governments.
RESOLUT'ON NO. 98- 78
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. SECTI.QtlJWO: ' That a copy of this municipal resolution be sent to the 1998
Constitution Revision Commission members.
~: That this resolution shall be in' full force and effect immediately
after its passage and approval In the manner provided by law.
!:',
ADOPTED THIS
12th
DAY OF
November
, 1998.
I.
A'fES: (4) Council Hembe~8: Butler, Taylor, Williams and Mayor Mischler
'NA'fS: (0)
ABSENT: (1) Councilwoman Bailey
ABSTAIN: (0)
APPROVED THIS
12th
DAY OF
November
, 1998.
, ~~
WL.U~ .' ~Ll-...J
William F. Mis 10ft - YOR
A TIEST:
RESOLUTION NO. 98- 78
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PINELLRS CO. ATTORNEY Fax:727-464-4147
Dee B'98 11:57
P.02
RECOMMENDATIONS FOR CHARTER REVISIONS
1. Composition of the County CommissIon
RECOMMENDA TlON: The Commission recommends that the number of
County Commissioners be incfB8sed to seven and that they continue to be
ejected on an at-large basis.
This amendment increases the sIze of the Board of County Commissioners from five to
seven members. . As with the current structure of the Board, each of the Commissioners
will reside In an Individual district but will be elected by all of the voters countywide on an
"at.large" basis.
Plnellas County currently has the t1defaull" dlstrictlng scheme of five Commissioners
residing in individual districts but elected on an at-large basis. It Is the largest County In
Florida that has only five Commissioners. Increasing the number of Commissioners will
permit the workload of the Board to be distributed throughout a larger groupt and should
result in a greater diversity of opinions on the Board of County Commissioners, even
though an at-large dlstnctlng system Is retained.
The Commission considered recommending a system of single-member districts for the
County Commission or a system where the districtS are a combination of aHarge and
single member seats. However, while the other systems have significant merit, the
Commission beHeves that the at-large system of electing County Commissioners helps to
ensure that the Board of County Commlsslcmers retains a countywide view of issues and
leads to stabllfty on the Board. .
Such a countywide perspective is important since many problems confronting County
.government are regional In nature. The aNarge system helps to avoid a parochial system
of "ward" politics. .
The amendment provides for a transition process for the switch from five to seven
Commission seats that will begIn to take effect with the general election in November of
2000.
2. C~arter Review Commission Composition
RECOMMENDA TION: The Commission recommends that Section 6.03 of
the Charter be rev;sed so the number of elected officials sitting on future
Charter Commissions Is decreased from.Eix to four and that the number of
representatives from the general public; at large be Increased flOm seven to
nine.
5
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PINELLAS CO. ATTORNEY Fax:727-464-4147
Dee 8 '98 11=57
P.03
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The Pine lias County Charter is unique In that It requires a sIgnificant number of elected
officials to be represented on Charter Review Commissions. This policy is the antithesis
of those In ot~er charters. All other County charters in Ftoride contain provisions
prohibiting County Officers from serving on review commissions; none require that elected
officers be represented on the body.
Reducing the number of elected officials serving on the entity charged with reviewing the
operations ot the County helps to ensure a more independent examlnat\on. Maintaining
other elected officials' representation on the Commission will bring their expertise to the
deUberatlons.
If adopted by the electorate, the change in Commission membership will begin wlt~ the .
2004 Charter Review Commission.
. 3. Charter Initiative Petitions
RECOMMENDA TION: The Commission recommends that the process for
revising the Charter by citizen initiative be modified so that such
amendments may contain but one subject,' that signatures' obtained for
initiatives are valid for no more thon one year; that the text of such
amendments ;s submitted to the SupelVisor of Elections for technical tevlew
. and approval; and, that such proposed amendments be voted on during the
next regularly-scheduled e/sction, unless a special election is scheduled by
the County Commission.
This is largely a "housekeeplng" amendment that seeks to clarify procedural ambiguities
in the Charter identmed by the Court in the early stages of the '1 Eight Is Enouohu Iitlgation.
In the 1996 litigation concerning the validity of the "Eight Is Enough" petition, the Court
found that the Plnellas County Charter had no express length of time during which
signatures on petitions were valid. It also found that the Supervisor of Elections has the
authority to interpret requIrements in the Charter relating to the lnltiative 'procedure.
The provisions of the proposed amendment resolve the ambiguities IdentIfied In the
decision of the Court. The proposed amendment, If adopted by the electoratet wtll help to
avoid such confusion and possible litigation in the future.
4. Future Charter Amendments
RECOMMENDA TION: The Commission recommends that the Charter be
revised. so that amendments proposed in the future are not required to bs
approved by the Florida Legislature prior to being submitted to the voters for
their approval, except for those concerning the ConstitutIonal Officers.
6
PINELL~S CO. ATTORNEY Fax:727-46A-41A7
Dee 8 '98 11:57
P.04
The Pine lias County Charter is unique in that most amendments affecting those areas of
public pollcy that are of significant Interest to the public cannot be directly presented to the
citizens and must first be approved by the Legislature. For example. amendments
concerning ,the structure of the Board of County Commissioners and the County's
ralatlonship with the cities in terms of providing municipal services require approval of the
Legislature before being considered by the voters.
If adopted by the Legislature and the electorate. most future amendments proposed by
the County Commission, citizen's initiative. or those proposed by a Charter Review
Commission may be placed directly on the ballot for consideration by the voters without
having to first be passed by Special Act of Florida Legislature. This amendment brings the
PineUas County Charter in line with the other County charters in Florida.
Some members of the Charter Review Commission had raised concerns as to the
possibility of a "reckless" amendment to the Charter being considered and possibly
adopted without a "checktl in place that the requirement for Legislative approval provides.
To address this concern. language is Included in the amendment that identifies policy
areas that may not be the subject of amendments proposed by initiative. Such prOhibited
subject areas Include policies relative to the County budget. debt, capital improvements
programs. salaries, taxes or rezoning af small parcels of land.
The Commission debated changes to the process by which charter amendments
concerning the Constitutional Officers are adopted, but voted to retain the current
procedural requirements. Such amendments will stili require prior approval by SpecIal Act
of the Legislature before being considered by the electorate.
The suggested language ?erm\ts proposed amendments to be placed directly on the ballot
from anyone of three sources: the Board of County Commissioners, a Charter Review
CommissIon, or a citizen petition drIve (subject to the limitations identified above). Of
course, any such future amendments would stili require voter approval before becoming
adopted as part of the Charter.
7
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PINELLAS CO. ATTORNEY Fax:727-464-4147
Dee 8 '98 11:58
P.DS
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CHARTER REVIEW COMMISSION COMPOSITION · ~HARTER AMEND~ENI
Article VI, sec. 6.03(a) of the Pinellas County Charter Is hereby amended to read:
Sec. 6.03. Charter review commission. (a) During the month of December. 1985
and every six (6) years thereafter, there shall be established a charter review commission
composed of thirteen (13) members. The members of the commission shall be appointed
by the- board of county commissioners of Pinellas County from the following groups: (1)
O.,e (1) member from the Pinellas County Legislative Delegation residing In Pine lias
County; (2) One (1) constitutional officer; (3) ~ (i) member =two (2) membete from the
elected city officials; (4).Qrul (1) member fflO (2) members from the elected board of
county commissioners; (5) ~ (fl) members Se'..'CA (7) membefe from the public at large,
none of whom shall be an elected official.
Vacancies shall be filled within thirty (30) days In the same manner as the original
appointments.
This amendment shaH take effect on the date it is approved by the electorate.
BALLOT TITLE:: CHANGE IN MAKE-UP OF MEMBERSHIP QE T~e COUNTY
~~ARTER REVIEW COMMISSION
BALLOT QUESTION: Shall Article VI, sec. 6.03(a) be amended to change the make-
up of the Charter Review Commission by increasing the number of membors from
the public sector to nine Instead of eeven and by decreasing the number of members
who ~re elected officials to four instead of sIx? Elected officials to be one from each
of the fonowing: Resident member of th& PineUas Legislative Delegatlon,
constitutional officers, city officiats and Board of County Commissioners.
o YeS FOR APPROVAL
o NO FOR REJECTION
Exhibit B . 1
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PINELLAS CO. ATTORNEY Fax:727-~64-4147
Dee 8 '98 11:58
P.06
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CHARTER AMENDMENTS - SeEC('AL ACT,
An act relating to Plnellas County. amending Article VI of the Home Rule Charter
of Pine lias County as created by Chapter 80~590, Laws of Florida, by adding a sec. 6.04
to provide that any charter amendment proposed by the Pinel/as County Commission
pursuant to sec. 8.01, by citlzens~ Initiative under sec. 6.02 as well as any amendment
proposed by a charter review commission pursuant to sec. 6.03 shall be placed on the
ballot for voter approval or rejection In accordance with the requirements of the charter and
without necessity of prior reference to or approval by the legislature: providing for a special
referendum to be held in November of 1999, providing a ballot question and providing an
effective date.
.
Be It Enacted by the Legislature of the State of FlorIda:
Sec. 1. Article VI, sec. 1 of the Plnellas County Charter as created by Chapter 80~
590, Laws of Florida, is amended by adding sec. 6.04 to provide:
Sec. Et04. Any other~ection of the Pil'Jellas Coun~ Charter (Chapter 80-590. LaViQ
pf Florida) notwithstanding- exceot for any prQPa.-sed am~ndmeu's affecting the'statusl
guti@s. or respons'lbilities of the county officers referenged ill sections 2.06 and 4.Q3 Qf thIs
Chti,tter. Charter amendments oroposed under Art~le VI sectiQOs 6.01 (proposed by
pinellas County Commission). 6.02 (pr~U)osed by citizenst initiative) or f,}.03 (Dropoa~d bX
fI Cha(ter. R~vlew Comruissiqn) shall pe placed dlrectlv on the ballot for ap.proval JX
reiectlon bv the voters and it shall Got be a requlrems[lt that arlY such proDosetl
~mendment~ need to be refer~d to or approved by the legislature pri9r to any such
placemenloo tha biillot. Jhe power to amena, revise or repeal this c.barter by citizen~
}nit'aUve shaH not in~,ude amendments relaHvf# 10 the county budget. debt obli9atlon~
c~pltalJo'1provement programs, salaries of county Qfficers and employees. ~!1e I~vy or
~ollectlon of taxe~. or the rezQning of less t~n five percent (5%) of the total land a..@B of
the County.
Exhibit 0 .. 1
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PlNELlAS CO. ATTORNEY Fax:727-464-4147
Dee 8 '98 11:58
P.D7
Sec. 2. This act, except for this section, which shall take effect only upon becoming
law, shall take effect only upon approval by a majority vote of the electors of Pinellas
County voting in a special referendum eJection which shall he called and held by the
Pinellas County Commission prior to November 30, 1999. The question on the ballot shall
be: .
BALLOT TITLE: CERTAIN PROP-OS~D CHART(:B AMF~Dl\'IgNTS TO GO ON THE
B~LLOT WITHOUt REFERENCE TOJ'HE STATE LEGISLATURE
BALLOT QUESTION: ShaH Article VI of the Ptnellas County Charter be amended by
adding a section 6.04 to provide that charter amendmentS~ except for amendments
related to the status of constitutional officers proposed, by'the Board of County
Commissioners, by citizens' Initiative (with limitations) or by a Charter Review
Commission be placed directly on the ballot for presentation to the voters without
necessity of prior referral to or approval by the legislature?
a
YES FOR APPROVAL
NO FOR REJECTION
a
o IUSI!Il!'ATTY\A TYl<llC4\CHR&VlEWollAU.O'rOI
,
. Exhibit 0 · 2
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"Preliminary Agenda
(W orl(session)
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Service Awards
PRELIMINARY AGENDA
Clearwater City Commission Worksession - Monday, December 7, 1998
following closed attorney/client session beginning at 9:00 a.m.
Convene as Pension Trustees:
1. Call to Order
2. Approval of Minutes: 11/2/98
3. Request for acceptance into membership: Anna Chaplinsky, Daniel Toro, Lisa Murrin, Scott
Dempster, Natalie Davis, Peter McCaffrey, Victoria Zengel, Ken Steinke, Anthony Shaw, Bill
Mallette, Antonia Gerli, Timothy Kurtz, Gregory Schuster, Jeffrey Adkisson, Gerald Theisen,
Vincent Doran, Harvey Washington, Garry Pritchard, Glenn Igel, Karl Wassmer, Darci Willis, David
Barton, & Albert Granville
4. Regular Pension(s) to be granted: Richmond Smith, Helen Davis, Jeffrey Kronschnabl, & Armener
White
5. Regular Pension(sl to be granted: Jeffrey Harper
6. Pension(s} to be vested: Deborah K. Strutt
7. Waiver of Vested Pension Rights - Timothy Treble
8. Other Business
9. Adjourn
Reconvene Worksession
~\J-\\~ 0..1-- Wo(KsesS~l)V'\ PUR PURCHASING
ill/ .
Environmental Control Systems & Products, odor neutralizer to be used in all WPC facilities,
12/11/98-12/31/2001, est. $150,000 (PWI
Spartan Oil Company, fuel for resale, 1/1/99-12/31/99, est. $1,000,000 {QOll
Tampa Mack Sales and Service, one 1999 Mack RD690S chassis with Galbreath roll-off hoist to
be used throughout City by Solid Waste, $94,650; funding to be provided under City's Master
lease-Purchase Agreement (SWI
Reliastar, Inc., employee group term life insurance for SAMP personnel, 1/1/99-12/31/99, est.
$50,000 (HR)
Don Reid Ford, twenty-three 1999 Ford Crown Victoria Pursuit Vehicles (replacement) for use
throughout City by Police Department, $563,195.02; funding to be provided under City's Master
lease-Purchase Agreement (GSSI
Dell Marketing L.P., computer hardware to be used by engineering draftsman for autocad
functions, $39,896; funding to be provided under City's Master Lease Purchase Agreement
(GSS)
Duval Ford, one 1999 Ford E-250 cargo van for use throughout City by Fire Department,
$21,618; funding to be provided under City's Master Lease-Purchase Agreement (FD)
Caruso Chrysler Plymouth Jeep, Inc., one 1999 Jeep Cherokee utility vehicle for use throughout
City by Fire Department personnel, $19,036; funding to be provided under City's Master lease~
Purchase Agreement (FDl
General Safety Equipment Corp., two 1999 Gladiator chassis fire & fire rescue fire trucks for use
throughout City by Fire Department, $653,576; funding to be provided under City's Master
lease-Purchase Agreement (FD)
Brad Ragan Inc., 1 st of 2 extensions, new tires for use by all departments, 1/1/99-12/31/99, est.
$175,000 (GSS)
American Welding Company, fabrication & installation of new paclcing housing for east pit
located at Solid Waste, $74,004 (SW)
Dravo Lime Company, high calcium quick lime for use at all WPC facilities, 1/15/99-113112002,
est. $1,000,000 (PW)
. 12/7/98
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Stertil-Koni USA, three Stertil-Konl ST 1072 Main Post and three Steril-Koni ST 1072 Secondary
Post mobile lift systems for use throughout City by Fire Department to lift City's aerial fire trucks,
$35,000 (FD)
ED ECONOMIC DEVELOPMENT
1. (Cont. from 11/5 & 11/19/98) 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 - Offer Withdrawn
2. Approve purchase of real property known as Dimmitt Property to be used for Town Pond
Regional Retention Project, for $1,265,094
3. Approve Tampa Bay Partnership dues increase from $20,000 to $40,000 for Fiscal year 1998-99
FD FIRE
1 . (Cont. at 11/1 9198) Approve continued participation in joint venture to study providing
Emergency Medical Services (EMS) transportation services throughout Pinellas County, cost not
to exceed $38,000
2. Purchase three Spartan chassis equipped fire engines from General Safety Equipment for
$980,364; funding to be provided under City's Master Lease-Purchase Agreement
FN FINANCE
1. Authorize settlement of Workers' Compensation CILlim of Dorothy Boaz
MR MARINE
1. First Reading Ord. #6353-99 - Amending Ch. 33, Sec. 33.067, relating to waterways and
vessels to amend defined areas for speed restrictions of vessels (extends wake zone in Mandalay
Channel by approx. 600 yards north of Memorial Causeway to a point marked by Mandalay
Channel Oaybeacon # 1 )
PO POLICE
1 . Approve acceptance of one-year grant for fiscal year 1998-99 for Clearwater Police Geographic
Information System III from Florida Department of Community Affairs I Drug Control and System
Improvement Formula Grant Program, in the amount $95,056 (Consent)
2. Res. #98-61 - supporting County Ordinance to create an Idle Speed Zone for portion of water
adjacent to the Courtney Campbell Beach Causeway
3. Police Department Computer System - Approve assignment of City's existing contract with PSI
International, Inc., for provision of computer systems & integration services to Logistic Systems,
Inc., to include final payment to PSI of $817,070 for systems delivered to date and an
encumbrance of $791,954 for project completion to Logisys; Approve immediate subsequent
assignment of the message switch portion of that contract from Logistic Systems, Inc. To Public
Safety Technologies, Inc., at total remaining cost not to exceed $70,000; Approve purchase of
updated hardware from Logisys to upgrade Computer Aided Dispatch system for $85,210;
Approve cancellation of hardware maintenance agreement with PSI; and Approve an expenditure
not to exceed $16,000 to Tew, Zinober, Barnes, Zimmet and Unice for outside counsel legal
services related to this contract assignment
12/7/98
2
4. Approve Agreement with Florida Dept. of Business & Professional Rp.gulation - Division of
Alcoholic Beverages & Tobacco (DABT) to provide additional police overtime for implementation
of School Proximity Tobacco Enforcement Program over 6-month period, beginning sometime in
January 1999 in exchange for up to $27,646.10 in state funding (Consentl
5. Approve Agreement with Career Options of Pinellas, Inc. to design, implement & administer a
Special Initiative Program - Jobs for At Risk Youth and Adults, a portion of the Weed and Seed
grant program, in an amount not to exceed $50,000 (Consent)
PW PUBLIC WORKS
1. Public Hearing & First Reading Ord. #6359-99 - Vacating N 5' of 10' Drainage & Utility Easement
lying along south side of Lot 6, Blk H, Northwood Estates - Tract F, less easterly 5' (Erickson,
V98-07)
2. Public Hearing & First Reading Ord. 116360-99 - Vacating 10' Utility Easement lying along south
side of Lot 16, Forest Estates (Cooley, V98-08)
3. Public Hearing & First Reading Ord. #6361-99 - Vacating E % r-o-w of N. Prospect Ave., lying
north of Laura Street and City's request to vacate W % r-opw of N. Prospect Ave., lying north of
Laura Street, subject to retaining a 20' drainage & utility easement (Theta Homes, V98-09)
4. Approve Letter of Understanding with FOOT for construction & maintenance of two stormwater
ponds to serve SR590 (Drew Street) widening, from Highland Ave. to NE Coachman Rd.
(Consent)
5. Approve Final Reclaimed Water Master Plan Update completed by McKim & Creed Engineers,
P.A.; authorize staft to submit approved plan to SWFWMD (Consent)
6. Approve Agreement with FOOT authorizing subordination of 100 square feet of an existing
drainage & utility easement along north side of Drew Street, just east of US 1 9 (Consent)
7. Res. #98-56 - authorizing subordination of 100 square feet of an existing drainage & utility
easement along north side of Drew Street, just east of US 19
8. Approve Work Order to Camp, Dresser & McKee, Inc. to provide design services for Town Pond
Project, for $554,279; authorize loan from Consolidated Cash Pool to fund cost of this project
until such time as bonds are issued
9. Approve Concp.ptual Approval Agreement with Florida Communities Trust (P2000 Program) for
shared cost of acquiring property along Stevenson Creek for establishment of a preserve area
(Wolfe Preserve) as part of improvements & clean up of Stevenson Creek Estuary and for benefit
of North Greenwood & Clearwater residents (Consent)
10. Contract for Hillcrest Storm Pipe Replacement to Sun coast Excavating & Utilities, Inc., for
$23,545.50 (Consent)
11. Contract for Madison Avenue/Gould Street Roadway Improvements to Suncoast Development of
Pinellas County, Inc., for $265,871.43; and Contract to PBS&J Construction Services, Inc., to
provide construction engineering & inspection services for $67,149.54, for total project sum
$333,020.97
PLO PLANNING & DEVELOPMENT SERVICES
1. Public Hearing & First Reading Ords. #6354-99 & #6355-99 - Annexation & RS-6 Zoning for
property located at 148 Baywood Ave., Eastwood Terrace 2nd Add., Blk 0, Lot 25 (Julian &
Pauline Bridges, A98-28)
2. Variance(s) to Sign Regulations for property located (Easy Pick) at 2320 Sunset Point Rd., Sunset
Point Estates, Blk B, Lot 18 & part of Lot 17 (Marco Cheaib, SV98-21)
3. (Cont. from 11/19/98) Public Hearing & First Reading Ord. #6348~98 - regarding new Community
Development Code
1 2/7/98
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CM ADMINISTRATION
1. Approve $51,000 to complete flnancialllegal contract with Nabors, Giblin & Nickerson, P.A. for
assistance In special finance issues associated with Gulf to Bay Corridor Enhancement Project
(Consent)
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. #6350-98 - Relating to Beautification Committee, amending Sec. 2.102 to reduce number of
members from nine to seven
2. Ord. #6351-98 - Relating to purchasing; amending Sees. 2.547, 2.564 & 2.624, and deleting
Sees. 2.602-2.608
First Reading Ordinances
1 . Ordinances re Charter revisions
Resolutions
1. Res. #98-60 - Demolition Lien - 1500 N. Greenwood Ave., Norwood 1st Add., Blk B, south Yz of
Lot 8 (Esther C. Hunt)
2. Res. #98-62 - Assessing property owners the costs of having mowed or cleared owners' lots
Agreements, Deeds and Easements
1 . Utility Easement for construction & maintenance of Lift Station #7 on hospital grounds at 323
Jeffords Street, Sec. 21-29-15, Government Lot 1 IMorton Plant Hospital Association,
Inc.) (Consent)
OTHER CITY ATTORNEY ITEMS
City Manager Verbal Reports
Commission Discussion Items
1. (Cont. from 11/19/98) Taking position re Pinellas County Charter Revisions re increasing County
Commission membership & future revisions not going to State Legislature
Presentationlsl for Thursday Night
1. FNGA awards to Kelly O'Brien & Chris Thorn
2. Midland Companies art donation
3. Military Appreciation Day
4. Two awards to Clearwater Magazine
5. Award re Clearwater's efforts in Nagano during 1998 Olympics
Other Commission Action
Adjourn
1 2/7/98
4
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Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
""
Final Agenda Item #
(~.lO. 9 8'
Meeting Date:
SUBJECl/RECOMMENDA liON:
Approve $51,000 to complete the financial/legal contract with Nabors, Giblin & Nickerson, P.A. for
assistance in special finance issues associated with the Gulf-to-Bay Corridor Enhancement Project.
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
At the November 3, 1997 Work Session, the Commission was given an overview of the Gulf-To-Bay
Project. It was estimated that $50,000 would be needed to complete a preliminary design and
. development of a funding strategy for the project. . At the November 6, 1997 Commission Meeting, a
$24,000 retainer agreement with NGN (Nabors, Giblin, & Nickerson) was approved. NGN did a
feasibility study and analysis of available funding to implement the project and submitted a report to the
Commission in the Summer of 1998. Thus far, NGN has developed the following items:
. municipal funding options
. special assessment districts
. tax increment financing
. combined financial scenarios
. minimum and maximum property values expectations
An appropriation of $26,000 is needed to complete payment to NGN for the initial scope of work.
An additional $25,000 is requested in order for NGN to continue its work to develop specific
recommendations for financing the Gulf-To-Bay Enhancement Project. The project will provide the City
with:
. development of a GIS-based boundary description of the benefit area
o determination of assessment revenue requirements and identification of all non-assessment
revenue sources avai lable
. development of proforma assessment rates and methodology which will meet all statutory
requirements, and
. development of a preliminary assessment data base conducive to collecting the annual
assessment and capable of being annually updated and used in subsequent years.
When NGN's work on this project is completed the City will have the information necessary to
implement the funding mechanism for the Gulf to Bay Project. Funding to be paid from the Gulf-to-Bay
project code listed below.
Reviewed by:
Legal
Budget
Info Srvc
-r
~
Originating Dept:
City Manager's Office
User Dept.
Public Works .
Administralion/C'
Orfice
Total
51,000
&
Finance ~ /
purchaSi~~ DCtvtlACM
RIsk MCml N/A Other
Public Works
Funding Source:
Current FY
x
CI X
OP
Other
Attachments
SubmU'ed bYt
City Manager
-
Printed on recycled paper
gtb funding 2.agn
o None
Appropriation Code:
315.92262.561200.541.000
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NOV-IO-9B 09:66A
P.04
SCOPE OF SERVICES
I
Task 1. Pepare a notice of Intent resolution.
Prepare the necessary notice of intent resolution to use the tax bill collection method
and ensure appropriate advertisement of the public hearing to adopt the notice of intent
resolution for the assessment program.
Task 2. 'nltial eva'uation.
Evaluate the existing data available for the City including the GIS information. cost
estimates and tax roll data and prepare a critical events calendar.
Task 3. Rolino tho GIS boundary description of the benefit area.
Working with City staff and other professional lesources as required. the consulting
team will develop a GIS-based description of the benefit area. This description will
consist of a detailed boundary definition, inventory of all parcels located within the
boundary and any sub-areas, and a generation of a GIS-based map visually depicting
the boundaries and the properties impacted.
Task 4. Refine apportionment methodology.
Working with City staff. the consulting team will refine the apportionment methodology
that will best meet aU tegal requirements.
Task 5. Draft home-rule assessment ordinance.
Draft the required home-rule assessment ordinance which provides the City with the
flexibility to impose and collect the Qssessment the first year as well as future recurring
annual assessments via the tax bill collection method.
Task 6. Draft demonatration project reimbursement resolution
Draft resolution providing for the reimbursement of the demonstration project costs to
the City from Assessment revenue proceeds.
Task 7. Create an assessment roll database.
Using the ad valorem roll approved by the Florida Department of Revenue for Fiscal
Year 1998~99. create an assessment roll database using PineJlas County's most recent
ad valorem tax roll.
Task 8. Apply apportionment methodology to assessment roll database.
Using the ad valorem ran approved by the Florida Department of Revenue for Fiscal
Year 1998-99t apply apportionment methOdology to assessment roll database to test
the data validity of legal sufficiency. Review the apportionment methodOlogy as
necessary.
Task 9. Update the assessment roll.
Update the assessment roll for use in the annual assessment program to correlate with
updated version of the Fiscal Year 1999-00 tax roll.
'city of Clearwaltr
Work Order 98-2
3
Nav-IO-ge 09:56A
P.05
Task 10. Calculate a final schedule of rates.
Calculate a final schedule of rates based on the apportionment methodology and
requirements for the fiscal year 1999.00 assessment program.
Task 11. Develop implementing assessment resolutions.
Develop draft implementing assessment resolutions for consistency with assessment
computations and apportionment methodology.
Task 12. Prepare final assessment roll.
Prepare the final assessment roU that will implement the assessment program and wiIJ
be capable of interfacing with PineUas County's Tax Collector system.
Ta$k 13. Advise and assist with legal requirements.
Advise and assist with the legal requirements for adoption of the final rate resolution
and certification of the assessment roll in accordance with Section 197.3632, Florida
Statutes. including: a) the development of the first class notice and its distribution, b)
publication of the public hearing. c) development of a public information sheet, d)
attendance at the public hearing. and e) the certification of the assessment roll to the
Pinellas County Tax Collector.
FEES AND COSTS
For services provided by GSG and NG&N. the lump sum professional services fee for
the scope of services will be $4'.569. The lump sum professional fees win be due and
receive payment upon a percent complete basis pursuant to the schedule in Appendix
B. A lump sum method of compensation eliminates any uncertainty in the total fee. In
addition to the lump sum fee for professional services, we have included reimbursement
of costs incurred, estimated at 10% of the professional fees. Such costs include
photocopies. long distance telephone charges. overnight delivery services and travel
expenses. Any travel expenses shall be reimbursed in accordance with section
112.061, Florida Statutes.
Special Note:
The- Jump sum fee does not include the costs of producing and mllliling the sUltutorily
required first class notices for Fiscal Year 1999~2000, which will depend on the numbor of
..s8ssable parcels of property within the City. Mailing and production costs for
programs average approximately $.75 per parcel, with 500/0 of that amount due and
payab'e at the time of the adoption of the initial assessment resolution, with the
remainder being due upon issuance of the notices.
City or CIGilrwalltr
Work Order 98.2
4
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Nov-lO-98 09:55A
P.02
WORK ORDER 98-2
Scope of Services to Implement a Special Assessment Program for tho Gulf-to-
Bay Project on the Tax Bill for FY 1999-00
I The objective of this work order is for Government Services
Overview Group (GSG) and Nabors, Giblin and Nickerson, P.A. (NG&N) to
. assist in the implementation of non.ad valorem assessments
based on the direction set forth by the City of Clearwater (City). To accomplish this
objective, we will focus on the following essential tasks:
. Development of a GIS-based boundary description of the benefit area (this will
include a detailed boundary description of all sub-benefit areas within the City. if
required),
. Determination of assessment revenue requirements and identification of all non-
assessment revenue sources available to the Gulf~to-Bay Boulevard project.
. Development of proforma assessment rates and methodology which will meet all
statutory requirements, and
. The development of a preliminary assessment database conducive to COllecting the
annual assessment and capable of being annually updated and used in subsequent
years.
GSG, working with City staff, will develop the billing algorithms necessary to calculate
the final assessments pursuant to the apportionment methodology, the final assessment
rates, and an assessment roll in an electronic format capable of merging with Pinellas
County's real property assessment roll in conformity with the requirements of the
utilization of the tax bill collection method for Fiscal Year 1999~OO.
The work plan reflects all the tasks necessary to develop a preliminary assessment
program that can be utilized to collect assessments via the tax biU collection method.
This scope of seNice is also based on the assumption that the City will be an active
participant and provide the necessary budget information and data required to develop
and implement an assessment methodology.
For services provided by NG&N and GSG, we will work under a lump sum professional
fee arrangement described subsequently under the Scope of SeNices section and
receive payment upon completion of tasks pursuant to the schedule under Fees and
Costs. A lump sum method of compensation eliminates any uncertainty in the total fee.
In addition to the lump sum fee for professional servicest we have included
reimbursement of costs Incurred, estimated at 10% of the professional fees. Such costs
include photocopies, long distance telephone charges. overnight delivery services and
travel expenses. Any travel expenses shan be reimbursed in accordance with section
112.061. Florida Statutes.
Once authorization to proceed has been received, NG&N and GSG will provide a
detailed critica\ events calendar. It is important to note, however, that Task 1 (initial
Ciiy atClealWster
Work Order 98.2
1
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NoV-IO-ge 09:55A.
P.03
evaluation), Task 2 (develop a GIS boundary description of the benefit area), Task 3
(refine apportionment methodology) and Task 4 (prepare a notice of intent resolution)
must be completed prior to January 1, 1999. Therefore. beginning this project as soon
as possible is critical to successfully meeting this timeframe.
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City of crealWa\er
Work Ordet 98.2
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Nav-10-9a 09:S6A
ATTACHMENT A
FEES AND COSTS FOR SERVICES PROVIDED BY THE CONSUL liNG TEAM
- "Total Hours Total Fees
Tasks
."-'" '.
Taslc 1 . Prepare. notice or Intont ,.soluflon
GSG 0 S 0
.
NG&N 2 $ 350
ra8lr 2 . Initllll evaluation
GSG 8 $ 880
.. ... ..
NG&N 8 $1.400
TaM 3 . OevtJlop . GIS boundary description or the benem 8re.
GSG 16 $~.~
NG&N --.
4 S 700
Taslc 4 ~ Refine _ .:onman' methodology
GSG 16 S1.!~
NO&N -
12 $2.100
. Task 5. Draft homtJolVl. asa.ssment ordinance
GSG 4 $ 440
NG&N 32 $5,600
Task 15 · Draft demonstratIon DroJect ",'mlJurs.menf resolution
GSG 0 $ 0
NG&N 16 $2.800
. Task 7 ~ Crute an aSS8Ssm.nt roll datsbas.
GSG 20 $2.200
NG&N 4 $ 700
T4$1I , · Apply aPDOttlonment moth. to aSSGss. roll datab.se
GSG 16 $1. 760
,
NG&N 4 $ 700
T.." 9. UJXfate fh. a$$.ssm.nt roll
GSG 8 $ 8eO
NG&N 0 $ 0
Tull 10- Calculm. final schedule of rat..
GSG 6 S 880
NG&N 0 $ 0
T..k11 - Draft Implementing _ssossmen' fUolution:s
GSG 4 $ 440
NG&N 48 $8,400
Tnk 12. Preparo fln.I .ssGssnJent roll
13SG 16 $1. 760
NG&N 0 $ 0
Tolr 13 ~ Advl,e ~nd Dss/st with legal reqUlfflmonts
GSG 8 $ 880
NO&N 8 .
GSG TOTAL 124. $13,640
NG&N TOTAL 1311 ~t '''''
estimated ExDenl" S 3,779
GRAND TOTAL 262
Note' Estjm,tMl.rptmSfls are e~t'maled al10% o1lh" prokS$lOnal ~"s. SlICh COlts 'Ilc/ude photocOP1f". long dilltOt'/l;e le~ph~
d1arges. ovtrrngh! dellVt!'1 servic., tnd V.IltI.'pfllstS Arrj rraVllt 'lIpenSI1S shall be reimbursed In "CCOIdance wIth secliOf/
112.061. FJonda SI.M" ,-~
City of Clearwaler 6 (
Work Order 98.2
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Npv-10-9B lO:45A
P.02
FY 1998.99 Totel Hour. Totll Fie,
Task 1 .Munlclp.1 fin.ncr";
NG&N .. 8700
GSG 8 .1.000
Task Total 12 $1,700
Talle 2 . T.x fngem.."t nnnn!:lng
NG&N .. '700
GOO 16 "2,000
Task Total 20 $2,700
Task 3 .Speclal illSsessment'
NG&N ~ $100
GSG 15 62,000
Task Total 20 S2.100
Task 4 . Combin.tfon t.. increment fin.ncing, splcial ISse,.menl. and municipal financing
NG&N ~ .,00
GOO 8 '1.000
Task Total 12 51,700
Task 5 ~ Particlpate In commIssioner btleflngl
NG&N 0 to
GSG B .'.000
Task Tota' 8 $1.000
Ta.k 6 - Attend Future Commission Meollng
NG&N 0 to
GSG 8 8920
T.ak TotIt 8 $920
tot" NCJ&N .. . . 16 .2,800
. .
t~.oSQ. ,. " .64 ",920
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TOTAL naiF,.. .. ~ . .' .... 80 '. . '. $8,120
~... EtUmatcd Expen.. .972
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.
LGRAND TOTAL' '4. . " '10,692
.
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\\fort( Order 98-1
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Nav-lO-90 09:56A
P.OB
A TT ACHr.,ENT B
PROJECT DElIVERABLES AND PAYMENT SCHEDULE
Deliverable
Pav.moll!
Development of Proforma Rates
City adopts Initial Assessment Resolution
for Improvements
60% of fees
20% of fees
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City conducts public hearing to adopt
Final Assessment Resolution (Final Rates) for
for Improvements
City certifies assessment rolrs for Utility Improvements
to Pinellas County Tax Collector
10% of fees
10% of fees
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City of Clearwater
Work Order 98-2
7
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AUTHORIZA T,ON TO PRQc;eED
Signature below authorized Government Services Group, Inc. ("GSG") and Nabors,
Giblin & Nickerson, P.A. ("NG&N") to proceed with Work Order 98-2, and confirms that
. the City of Clearwater is in agreement with the scope of services, and fees and costs for
services provided by the consulting team as provided herein.
ell")" OF CLEARWATER
Name
. ,
Titfe
Date
WITNESSED: .
CIty of Clellrwater
Work Order 98.2
5
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