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12/13/2001
. ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING Thursday, December 13,'2001 - 6:00 P.M. - Commission Chambers 1. Invocation - Commissioner Hart. 2. Pledge of Allegiance - Mayor. 3. Introductions and Awards -- Given. Services Awards - One Proclamation: Miniature Arts Month - January 2002 4. Presentations -- Given. a) Festiva! of Trees City Tree b) Suncoast Section of The Florida American Planning Association Award of Merit for Beach by Design c) Turkey Trot Awards d) United Way e) Certificate for completion of the Institute, for Elected Municipal Officials to Commissioner Jonson 5. Approval of Minutes - 1 1115101 - Approved as submitted. 6. Citizens to be heard re items not on the Agenda Jay Keyes invited residents to Christmas Caroling on 12/20/01 at the pavilion at Pier 60 Park at 7:00 p.m. Ly _Keyes_& Carte Wagonfohr encouraged City to replace beach Police Aides to deter crime.. Carl Wag_onfoh requested the City return the Annual Folk Arts Festival to the calendar of activities. Ed Hooper praised the Planning Department's staff and Business Plan Review Committee. Duke Tiernan thanked the Commission for attending the South Greenwood dinner of thanks. He said the boxing tournament on 11/24/01 was a huge success. He encouraged the program be continued and requested assistance in finding a larger facility. PUBLIC HEARINGS ITEM #7 - Public Hearin - approve the City of Clearwater FY 2000-2001 Consolidated Annual Performance and Evaluation Report (CAPER) HSG ACTION: Approved ITEM #8 - Public Hearing & First Readinq_Ord #690.6-02, 69!07-02, 6908-02- Annexation, Land use Plan and Zoning Atlas Amendments for 1262 Brookside Road (Lot 12, Lake Lela Manor First Addition in Section 24, Township 29, Range 15 East) (Eric M & Calista A Zebley) ANX 01-09-27 PLD ACTION: Approved. Ordinances passed 1st reading. ITEM #9 - Public Hearin & First Reading Ord #_6834-01 vacating portions of the street rights-of-way of Ewing Avenue, Park Street and Prospect Avenue as described in Exhibit "A" of the proposed ordinance, subject to the developer of the Mediterranean Village on the Pond obtaining approval of a development agreement for the project from the City Commission within six months of the effective date of this ordinance (V2001-16 City of Clearwater) PA- ACTION: Approved. Ordinance passed 1st reading. ITEM #10 - Public Hearing & First Reading Ord # 6919-02 vacating! the west 5 feet of the drainage and utility easement lying along the east property line of Lot 48, Cypress Bend of Countryside, Unit I, (AKA .2661 Winding Woods Lane) (V2001-25 Malkasian) PW ACTION: Approved. Ordinance passed 1st reading. ITEM #11 - Public Hearing & First Reading Ord #6913-02,6914-02 - Land Use Plan Amendment and Rezoning. for property at 807 Jeffords Street (Lot 7, Block 3, Milton Park subdivision in Section 21, Township 29 South, Range 15 East) (Edsel D & Vicki A Hargis) LUZ 01-09-07 PLD ACTION: Approved. Ordinances passed 1st reading. acc1201 12/13/01 Revision 1: 12/18/01 ITEM #12 - Ord #6839-01 - Vacatin the alleys and easements on the subject property, subject to the applicant providing an easement over all existing and proposed utilities and the applicant assuming the cost of relocation of public and private utilities (Church of Scientology Religious Trust, V2001-17) CA ACTION:. Ordinance adopted. ITEM #13 - Ord #6866-01- Annexation for 2678 North Terrace Drive (Lot 6 Pinellas Terrace in Section 05, Township 29 South, Ranee 16 East). (Alicia A Medeiros) ATA ANX 01-07-17 CA ACTION: Ordinance adopted. ITEM #14 - Ord #6867-01- Amending future Land Use Plan for 2678 North Terrace Drive,(Lot 6, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Alicia A Medeiros) ATA ANX 01-07-17 CA ACTION: Ordinance adopted. ITEM #15 - Ord #6868-01_` Amending Zoning Atlas for 2678 North Terrace Drive,(Lot 6, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Alicia A Medeiros) ATA ANX 01-07-17 CA ACTION: Ordinance adopted. ITEM #15 - Ord #6917-01 - Adoptinrq_ amendments to Beach by Design: A Preliminary design for Clearwater Beach and design guidelines CA ACTION: Ordinance adopted. (4:1 - E.H.) ITEM #17 - Ord #6912-01 - Zoning Atlas Amendment for 501 Mandalay Avenue (Yacht Basin Subdivision, Lots 1 through 9) (Greenmack Clearwater, LLC) Z01-09-03 CA ACTION: Ordinance adopted. ITEM #18 - Ord #6869-01- Annexation for 2684 North Terrace Drive (Lot 7 ,Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Pamela L Rakes) ATA ANX 01-07-18 CA ACTION: Ordinance adopted. ITEM #19 - Ord #6870-01- Amending Land Use Plan for 2684 North Terrace Drive, (Lot 7, Pinellas , Terrace in Section 05,. Township 29 South, Range 16 East), (Pamela L Rakes) ATA ANX 01-07-18 CA ACTION: Ordinance adopted. ITEM #20 - Ord #6_871-01 - Amending Zoning Atlas for 2684 North Terrace Drive, (Lot 7, Pinellas Terrace in Section 05, Township 29 South, Range 16 East). (Pamela L Rakes) ATA ANX 01-07-18 CA ACTION: Ordinance adopted, ITEM #21 - Ord #6882-01- Annexation for 2880 Union Street (consisting of South one-half of east one- half of southeast of one-quarter of the southwest ,one-quarter of the quarter of Section 32, Township 28 South, Range 16 East) (Mettle E Johnson) ATA ANX 01-07-20 CA ACTION: Ordinance adopted. ITEM #22 - Ord #6883-01- Amending Land Use Plan for 2880 Union Street (consisting of South one-half of east one-half of southeast of one-quarter of the southwest one-quarter of the quarter of Section 32, Township 28 South, Range 16 East) Wattle E Johnson) ATA ANX 01-07-20 CA ACTION: Ordinance adopted. acc1201 2 12113/01 Revision 1: 12/18101 ITEM #23 - Ord #6884.01 - Amending Zoning Atlas for 2880 Union Street (consisting of South one-half of east one-half of southeast of one-quarter of the southwest one-quarter of the quarter of Section 32, Township 28 South, Range 16 East) (Mattie E Johnson) ATA ANX 01.07-20 CA ACTION: Ordinance adopted. ITEM #24 - Ord #6885-01- Annexation for 1328 Parkwood Street (Lot _1 7, Block A, Pine Ridge Subdivision in Section 10, Township 24 South; Range 15 East) (Monica 0 Plange) ATA ANX 01-07-21 CA ACTION: Ordinance adopted. ITE_M_ #25 - Ord _#6886-01- Amending Land Use Plan for 1328 Parkwood Street (Lot 17, Block A, Pine Ridge Subdivision in Section 10, Township 244 South, Range 15 East) (Monica O Plange) ATA ANX 01- 07-21 CA ACTION: Ordinance adopted. ITEM 426 - Ord #6887-01 - Amending Zoning Atlas for 1328 Parkwood Street (Lot 17, Block A, Pine Ridge Subdivision in Section 1.0, Township 24 South, Range 15 Last) (Monica O Plange) ATA ANX 01- 07-21 CA ACTION: Ordinance adopted. ITEM #27 - Ord #6888-01- Annexation for 1712 El Trinidad Drive East (Lot 4, and the South 5 feet of Lot 5, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East), (Anne Marie Wedemen) ATA ANX 01-07-22 CA ACTION: Ordinance adopted. ITEM #28 - Ord #6889-01- Amending Land Use Plan for 1712 El Trinidad Drive East (Lot 4, and the South 5 feet of Lot 5, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East), (Anne Marie Wedemen) ATA ANX 01-07-22 CA ACTION: Ordinance adopted. ITEM #29 - Ord #6890-01 - Amending Zoning Atlas for 1712 El Trinidad Drive East (Lot 4, and the South 5 feet of Lot 5, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East), (Anne Marie Wedemen) ATA ANX 01-07-22 CA ACTION: Ordinance adopted. ITEM #30 - Ord #6891-01- Annexation for 1716 El Trinidad Drive East (Lot S less the south 5 feet thereof, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East) (Jacie S. Wiegand) ATA ANX 01-07-23 CA ACTION: Ordinance adopted. ITEM #31 - Ord #6892-01- Amending Land Use Plan for 1716 El Trinidad Drive East (Lot 5, less the south 5 feet thereof, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East) (Jacie S. Wiegand) ATA ANX 01-07-23 CA ACTION: Ordinance adopted. ITEM #32 - Ord #6893-01 - Amending Zoning Atlas for 1716 El Trinidad Drive East (Lot 5, less the south 5 feet thereof, Block 2, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East) (Jacie S. Wlegand) ATA ANX 01-07-23 CA ACTION: Ordinance adopted. acc1201 3 12/13101 Revision 1: 12/18/01 ITEM #33 - Ord #6894-01- Annexation for 1713 El Trinidad Drive East, (Lot 4,-less _the East 32 feet thereof, Block 1, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East). (Willard S Prewitt & Donna M Prewitt) ATA ANX 01-07-24 CA ACTION: Ordinance adopted. ITEM #34 - Ord #68_95-01- Amending Land Use Plan for 1713 El Trinidad Drive _East, (Lot 4, less the East 32 feet thereof, Block 1, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East), (Willard S Prewitt & Donna M Prewitt) ATA ANX 01-07-24 CA ACTION: Ordinance adopted, ITEM #35 - Ord #6896-01 - Amending Zoning Atlas for 1713 El Trinidad Drive East, _(Lot 4, less the East 32 feet thereof, Block 1, Virginia Grove Terrace in Section 05, Township 29 South, Range 16 East): (Willard S Prewitt & Donna M Prewitt) ATA ANX 01-07-24 CA ACTION: Ordinance adopted. ITEM #35 - Ord #6897-01- Land Use Plan Amendment for properties at 826 & 832 Woodlawn Street; 1517 Tilley Avenue & 1520 Prospect Avenue consisting of. Metes & Bounds 32102, 32107, 32108, Lots 11 & 12, Block C, Second Addition to Belmont Subdivision, and Lots 43 & 44, Block C, Second Addition to Belmont in Section 22, Township 29 South, Ranee 15 East. (Woodlawn Church of God; Representative: Pastor Randy Morrie) LUZ 01-08-06 CA ACTION: Ordinance adopted. ITEM #37 - Ord #6898-01 - AmendingZoning_ Atlas for properties at 826 & 832 Woodlawn Street; 1517 Tilley Avenue & 1520 Prospect Avenue consisting'of Metes & Bounds 32102, 32107, 32108, Lots 11 & 12, Block C, Second Addition to Belmont Subdivision, and Lots 43 & 44, Block C, Second Addition to Belmont in Section 22, Township 29 South, Range 15 East. (Woodlawn Church of God; Representative: Pastor Randy Morris) LUZ 01-08-06 CA ACTION: Ordinance adopted. ITEM #38 - Ord #6899-01- Annexation for 1864 West Drive (Lot 3, Block C, Clearwater Highlands Unit "B".in Section 04, Township 29 South, Range 15 East) (Kerstin E Braun, Michael E Beard, Larry L Beard) ANX 01-08-25 CA ACTION: Ordinance adopted. ITEM #39 - Ord #6900-01- Amending Land Use Plan for 1864 West Drive (Lot 3, Block C, Clearwater Highlands Unit "B" in Section 04, Township 29 South, Range 15 East) (Kerstin E Braun, Michael IE Beard, Larry L Beard) ANX 01-08-25 CA ACTION: Ordinance adopted. ITEM #40 - Ord #6901-01 - Amending Zoning Atlas for 1864 West Drive (Lot 3 Block C, Clearwater Highlands Unit "B" in Section 04, Township 29 South, Range 15 East) (Kerstin E Braun, Michael E Beard, Larry L Beard) ANX 01-08-25 CA ACTION: Ordinance adopted. ITEM #41 - Ord #6902-01- Annexation for 1517 Country Lane East (Lot 6 Country-Lane Subdivision in Section 08, Township 29 South, Range 16 East) (Katherine B Homer) ANX 01-08-26 CA ACTION: Ordinance adopted. ITEM #42 - Ord #6903-01- Amending Land Use Plan for 1517 Country Lane East (Lot 6, Country Lane Subdivision in Section 08, Township 29 South, Range 16 East) (Katherine B Horner) ANX 01-08-26 CA ACTION: Ordinance adopted. acc1201 4 12/13/01 Revision 1: 12/18/01 ITEM #43 - Ord #6904-01 - Amending Zoning Atlas for 15 17 Country Lane East (Lot 6, Country Lane Subdivision in Section 08, Township 29 South, Range 16 East) {Katherine B Horner) ANX 01-08-26 CA ACTION: Ordinance adapted. CITY MANAGER REPORTS CONSENT AGENDA (Items #44-64) - Items 44-49, 51-59 & 61-64 approved as submitted less Item #50; Item #60 approved as corrected. ITEM #44 - Approval of Purchases (& Declaration of Sur lust er Purchasing Memorandum: 1) Purchase 2072 Bobcat 873 G Series loader with attachments, Bobcat Company, $22,936 2) Purchase two 2002 Heil DPI=-28 side loader bodies, Jim Hardee Equipment, $134,240 3) Purchase two 2002 Peterbilt cab and chassis model #320, Peterbilt of Central Florida, $164,956 41 Purchase three 2002 Crane Carrier cab and chassis with Loadmaster Excel 25 yard rear loader, Container Systems & Equipment Company, $415,185 5) Purchase contract'- tire service for December 17, 2001 through December 31, 2003 - Wingfoot Commercial Tire system, $240,000 6) Purchase contract - group term life insurance for supervisory, administrative, managerial and professional employees during the contract period: January 1,. 2002 through December 31, 2002 - Reliastar Life insurance $70,000 estimate 7) Purchase fiber optic network switching and related pieces of equipment - lkon Office Solutions, $50,293 8)-Purchase contract - fencing material and installation, January 1, 2002 through December 31, 2002, Smith Fence Company, $200,000 9) Purchase 2002 Case 580 super M loader with backhoe, Briggs Equipment, $45,055 10) Purchase two 2002 GMC Sonoma extended cab pickup trucks, Garber Auto Mail, $31,912 11) Purchase two 2002 GMC Sonoma extended cab pickup trucks, Garber Auto Mall, $29,534 12) Service agreement evaluation of Water Pollution Control facility discharge/mixing zones, Parsons Engineering Science, $59,418 13) Declare surplus and authorize disposal of vehicles and equipment ITEM #45 - Approve agreement with HDR Engineering, Inc for $70,000 for the completion of the North Greenwood Economic Development Strategy ED ITEM _#46- Request for authority to pay claimant, Thomas Pearson $35,000 for complete settlement of his Worker's Compensation Claim (including indemnity benefits, medical benefits and attorney fees) FN ITEM #47, - License agreement for the use of space on the Countryside Radio Tower GS ITEM #48 - Award -a contract to Angle &-Schmid, Inc of St_ Petersburr for the construction of the North Greenwood Branch Library in the amount of $1,322,117 and approve a deductive change order in the amount of $191,143 for a total cost of $1,130,974, LIB ITEM #49 - Approve acceptance of a FY 2001/2002 Byrne State and Local Law Enforcement grant in the amount of $65,000 from the Florida Department of Law Enforcement and approve an agreement with the YWCA of Tampa Bay for provision of contractual services during the period December 13, 2001 - September 30, 2002 in accordance with Sec. 2.564(1)(e), Code of Ordinances - Sale Source (Operation Apoyo Hispano) PD ITEM. #50 - Approve a twenty-year lease between Clearwater Golf Associates Inc. and the City for the operation of the property currently known as Clearwater Executive Golf Course, including an annual lease payment, and improvements to the course PR ACTION: Approved ITEM #51 - Authorize lease purchase financing of a 2002 GMC Savannah 3500 15 passenger van to be included in the City of Clearwater Capital Improvement Program for FY 2001-02 and award a contract to Garber Auto Mall in Green Cove Springs, Florida, in the amount of $21,227 in accordance with Section acc1201 5 12/13101 Revision 1: 12118/01 2.5640)(4), Code of Ordinances, Florida Sheriff's Association and Florida Association of Counties Contract #01-09-0905 PR ITEM #52 Award 'a contract to Garber Auto Mail in Green Cove Springs, Florida, In the amount of $29,534 for the purchase of two 2002 GMC Sonoma extended cab pickup trucks Spec. #16 in accordance with Section 2.5640)(d), Code of Ordinances, Florida Sheriff's Association and Florida Association of Counties Contract #01-09-0905 and authorize lease purchase financing under the City's Lease Purchase Agreement PW ITEM #53 - Ratify and cc firrn change order #1 & final for the "Restroom/Shower Facilities at Clearwater Municipal Marina" (00-0011-MA) to Oakhurst Construction Company, Inc. of Seminole, Florida increasing the contract amount by $70,348.50 for a new contract of $171,658.50 PW ITEM #54 - Approve an amendment to an agreement for Maintenance and Operation of Citywide Computerized Traffic Signal System between the City and Pinellas County PW ITEM #55 - Approve the final plat for Townhomes at One Kapolc_Terrace located along the east side of McMullen-Booth Road and approximately 0.3 miles south of S.R..590 PW ITEM #56_. Approval of the policy that applicable Community Development Block Grant (CDBG) program income may be allocated to the next highest scoring applicants at 50% of the original request with any unused portions being allocated to the City of Clearwater administered activities, should all applicants be funded according to the rules and regulations outlined in 24 CFR 570. Approve $41,758 of CDBG program income to be allocated to the Public Service category as allowed by 24 CFR 570 and to be allocated to Pinellas Opportunity Council and Girls, Inc. HSG ITEM #57 - A rove the financing terms and the C of Clearwater'_portion of the funding for the renovation of the Greenwood Apartments in the amount of $700,000 as a loan HSG ITEM #58 - Approve the construction contract proposal of JSS Construction in the amount of $569,000 to renovate 16-apartment units at the Fulton Apartments using HOME and SHIT' grants for funding HSG ITEM #159 - Approve previously encumbered funding-of the National Develop ment_Corporation (NDC)'s technical assistance contract for the period of November 1, 1998-July 30, 1999 be taken from the City of Clearwater's "Grow Clearwater" fund HSG ITEM #60 - (Cont'd from _WS 11113101) Authorize settlement of Whitson v. City of Clearwater, Circuit Civil No. 83-3865-C1-20, by agreeing to certain design and use standards to run for a period of three-ten years CA ITEM #61 - Approve a work order for consultant cervices in the amount of $816,659 to Camp Dresser & McKee (CDM), of Tampa, Florida, Engineer of Record (EOR) for design, preparation of construction plans, permitting and limited construction management of the Myrtle Avenue Drainage and Roadway Improvement Project PW ITEM #62 - Blanket Water Main Easement - St Cecelia School Addition Sec: 15-29-15, (Diocese of St. Petersburg) CA ITEM #63 - Blanket Water Main Easement - Utility Relocation for Morton Plant_Mease Health Care, Bluff View Court, Sec: 21-29-15, (Morton Plant Hospital Association, Inc) CA ITEM #64 - Award a contract for the construction of the "Town Pond Rehabilitation Project" (98-0116- EN) to Cafadesi Construction Company of Largo, Florida, for the sum of $2,861,879.23 which is the lowest responsible bid received in accordance with the plans and specifications and; approve a work order to Camp, Dresser & McKee, Inc. of Tampa, Florida, Engineer of Record (EOR) to provide construction administration services fur the sum of $220,475; approve a work order to Post, Buckley, Schuh & Jernigan, Inc. of Tampa, Florida, EOR, to provide construction engineering and inspection services for the sum of $149,742.32; approve an increase to the existing work order with Camp, Dresser & McKee by. $45,350 for additional design services for a total contract of $612,429 for a total project cost of $3,277,446.55 PW OTHER ITEMS ON CITY MANAGER REPORT ITEM '#65 - First Reading Ord #69.27-02 amending provisions regarding the Community Relations Board HM acc1201 6 12/13/01 Revision 1: 12/18/01 ACTION: Approved. Ordinance passed first reading. ITEM #66 - Award a contract to lease 7.50personal computers for 3 years from Dell Computers, Inc Round Rock, TX for an amount not to exceed $1,215,000 in accordance with the terms of State Contract #250-040-00-1 IT ACTION: Approved. ITEM 67 - Review of a license agreement reement between William Shephard, Trustee (licensor) and the City of Clearwater (licensee) for a sidewalk at Shaphard's Lagoon Resort. PLD ACTION: Approved. ITEM #68 - Adopt Res #01-42 to approve the State of Florida De artment of Transportation Roadway Lighting System Maintenance Agreement for street lighting at the S.R. 55 *U.S. 19) at Coachman Road and Sunset Point Road interchanges PW ACTION: Approved.. Resolution adopted. ITEM #69 - Adopt Res #01-44 authorizing the Cit 's Finance Director to sign documents submitted to the Florida office of the Treasurer, and execute an Authorized Signature Certification certifying that this person represents the City PW ACTION: Approved. Resolution adopted. ITEM #70 - First Reading Ord #6929-02 .watering ordinance establishing continuation of existing watering schedule for the City of Clearwater, PW ACTION:, Approved as amended. Ordinance passed first reading as amended. ITEM #7.1 - Update on Homeless Issue ACTION: Direction to centralize feeding programs for homeless at foot of bluff behind City Hall. Additional information and alternatives to be discussed after the first of 2002 ITEM #72 - Direct staff to: 1) initiate detailed design and construction estimates for the South Gulfvlew/Beachwalk project (including linking up with the Mandalay retail corridor and, the Clearwater pass pedestrian system); 2) solicit land assembly between Coronado and Hamden in order to provide a temporary surface parking lot which can be utilized for a future parking garage to support South Beach parking needs; and '3) develop a joint public/private financing proposal to provide an approximately 450 space parking garage at tho Pelican Walk site ED ACTION: Direction Approved. ITEM #73 - Res #01-43 - Rules of Procedure ACTION: Approved, Resolution adopted, ITEM #74 - Other Pending Matters -- None. CITY ATTORNEY REPORTS ITEM #75 - Other City Attorney Items a) Res #01-35 assessing a lien against 2576 Ham Boulevard in the amount of $5,201.06 for the costs of demolition incurred in removing a dangerous structure without the consent 'of owner CA ACTION: Resolution adopted. b) First Reading Ord # 6920-02 - approve technical amendments to Sections 32.032 and 32.042 of Chapter 32, Clearwater Code of Ordinances; replacing references to telecommunications companies with acc1201 7 12/13/01 Revision 1: 12/18/01 providers of communications services which is.consistent with the 2001 codification of Chapter 2001- 140, Laws of Floelda into Section 337,401, Florida Statutes (2001) CA ACTION: Approved. Ordinance passed first reading. ITEM #76 City Manager Verbal Reports City.Manager said he will be out of town from 12/15-20101. Until early January, he will call Commissioners if any.issues surface and will accommodate their requested meetings. City Manager said on behalf of staff, he offered, appreciation and thanks for City Commission support in 2001, a productive year. He wished all Happy Holidays and looked forward to working with the Commission in 2002. ITEM #77 - Commission Discussion items a) Beach by Design TDR Hoight Adjustment ACTION: To be addressed as part of Code update. b) Adopt a County Commissioner - Jonson ACTION: City Manager Office to coordinate. c) Parliamentary Procedure - Jonson ACTION: • Direction for City Clerk to note when a motion is on the floor if discussion becomes unfocused. d) Commissioner. Gray request to attend 'January Growth Management Conference. ACTION: Approved, ITEM #178 - Other Commission Action The Commission wished the City Happy Holidays and Happy New Year. Hart said it has been a good year for Clearwater and recommended spending time with family during the holidays. Gray complimented the Planning Department for streamlining its process,. stating she had received positive comments from a contractor. Gra apologized to residents who were subjected to a performer's inappropriate behavior at a recent downtown concert. Gray said she had attended the ribbon cutting ceremony for a new domestic violence shelter at the Haven, supported by RCS, She said her church is a major supporter. Gray reported the passing of Clark Mills, who will be greatly missed. Jonson said the annual TBRPC meeting and regional visioning is scheduled on 1118102 at the Embassy Suites near USF. „ Jonson reported the PSTA has been asked to approve a fare increase to $1 for the Jolley Trolley, Discussion ensue0,., It was felt the increase is justified. Jonson complimented the M,aygr for his letter to the School Board regarding a teaching position at Moccasin Lake Park. Aunost said the Commission had enjoyed a City Hall Thanksgiving on 11/16/01 and thanked the Economic Development, Department for organizing the event. Aungst said the Commission had attended the 11/27/01 Sand Key fire station groundbreaking. Aungst said on 11/30/0 1, the Commission had welcomed to City Hall a contingent of 10 Russians, ' who were visiting to learn about City government and were sponsored by the Friendship Force of the Suncoast. acc1201 8 12/13101 Revision 1: 12!18101 Aun_2s_t said on 11/30/0 1, the Commission had attended the downtown Publix groundbreaking ceremony. Aungst said some of the Commissioners and he, his wife,•'and grandmother had participated in the annual Christmas Parade at Bayview Gardens. Aungst said the Commission had participated in the 12/07/01 Holiday Parade throughdowntown. Aungst congratulated Deputy Chief Fire Marshal Randy Hinder who was named Florida Fire Marshal of the Year.. Deputy Chief, Hinder will be presented his award in Tallahassee before the Governo' r and Legislature. Aungst said he had attended the Festival of Trees Ball, organized by Ed Droste, Festival Chair, and thanked Lisa Chandler and Sunsets at Pier. 60 for decorating the ,winning Mayor's' Tree for ' Clearwater, Aungst said it was good to see everyone at the Mayors' Luncheon, which provides a good ' opportunity for Pinellas County elected officials to meet. Aungst expressed sadness re the death of dolphin, Sunset Sam, who had. meant a lot to Clearwater citizens and visitors and will be missed. Aungst said the Tour'.of Turtles Book Show went well. Aungst said the TDC expressed its gratitude for the effoas of staff and Lt,' Waters during,the Permantel at Harborview,. ITEM_ #7.9_--_Adjournment - 12:03 a.m. " acc1201 9 .12/13/01 Revision 1: 12/18/01 City'. Co-m---mis Sion Meeting 1-2,13?0,1 note: 1.2-10-01 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. Agenda Coversheets for microfilm.doc F CITY OF CLEARWATER Interdepartmental Correspondence TO: Mayor and Commissioners FROM:- Cynthia E. Goudeau, City Cler C? SUBJECT: Follow up from December 10, 2001 Work Session COPIES: William B. Horne, City Manager DATEt December12, 2001, In response to questions raised at the December 10, 2001 Work Session, the Following answers are provided in final agenda order, Revised Agenda (Rev 1, dated 12/12/01) is provided Items under Public Hearing-Second Readings - Ord 6912-02 and 6917-01 are now items 16 and 17. Other Items on City Manager Report have been reordered. Item 77 (c) rc Parlimentary Procedure added to Commission Discussion Items. j Item #8 - Ordinance Nos. 6906, 6907, 6908-02 - Revised cover memo and ordinances to correct Brookside Drive to Brookside Roa - Item vas provided.. Item #50 - Clearwater Executive Golf Course -- Memo with attachments is provided listing area municipal golf courses and percent of return to respective jurisdiction; and a page from Golf Course F Analysis showing their findings re this golf course. , Item #64 --- Town Pond Rehabilitation Project - Revised agenda cover memo re cost information is t provided. Item #66 - Dell Computers -a summary is provided showing direct cost savings; intangible benefits; enterprise benefits; and computer purchases frorn 1995 to 2001. Item #70 Ord 6929-02 -- watering schedule -- Revised Ordinance is provided. Item #73 - Rules of Procedure - Resolution 01-43 was provided. -'i Clearv? ater City 'Work session item Commission Final Agenda Item # ,?r??. ? 12liami Agenda Cover Meeting Date: 12/13/01 Memorandum SUBJECT/RECOMMENDATION: • SERVICE AWARDS 0 and that the appropriate officials 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 BACKGROUND:' 5 Years 20 Years Elizabeth F. Robinson Library . Antonio Tambone Public Services Brian L. Sweeney Library Kenneth L. Anderson Public Services 10 Years Sherry L. Garman Police Juan 0, Torres Police Richard J. Crean Police 25 Years William A. Connell Jr. ' Police Georgette Summarell Police. George E. Kodpr ' Police Jana R. Fine Library Chrisann K. Gerakios Police David R. Malick Gas 15 Years Kathleen A. 'LaTerza Parks and Recreation Jacquelyn Baylies Parks and Recreation Terrance R. LaBelle Public Utilities ,Thomas B. Stein Police Mark A. Weinreich Fire Richard E. Breast Jr. Police Mark A. Whitham Police Janet D. Floyd Parks and Recreation Coral D. Lakin Public Communications Barbara R. Amiro Engineering/Traffic Ops Reviewed by: originating Dept: Costs Legal Info Srvc Total Budget public Works User Dept. Funding Source: Purchas;ng DCM/ACM Current FY CI Risk Ivigrrtit Other Attachments ? OP' Other Submitted by: City Manager 0 None Appropriation Code: 0 Prinind on recvcled noner eo., 2/98 Worksession Item (s- Clearwater City Commission Final Agenda Item # w Agenda Cover Memaranditm Meeting Date: z 3 /o l SUBJECT/RECOMMENDATION: Approve the City of Clearwater FY 2000-2001 Consolidated Annual Performance and Evaluation Report. ? and that the appropriate officials be authorized to execute same. SUMMARY: The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report documenting the City's expenditures of Community Development Block Grant and HOME Programs funds to the U. S. Department of Housing and Urban Development: It serves as -the basis for program monitoring for compliance and for financial audits. It provides HUD with necessary, information for the Department to meet its requirement to assess each grantee's ability to' carry out relevant Community Planning Development (CPO) programs in compliance with all applicable rules and regulations: It provides information necessary for HUD's Annual Report to Congress and it provides grantees an opportunity to describe to citizens their successes in revitalizating deteriorated neighborhoods and meeting objectives stipulated in their Consolidated Plan. The City of Clearwater FY 2000-01 CAPER contains information on the City's assessment of activities listed below: • Assessment of three to five year goals and objectives Affirmatively Furthering Fair Housing • Affordable Housing • Continuum of Care • Leveraging Resources Citizens Comments • Self-Evaluation Reviewed by: Originating Dept.: Legal NA Info Srvc NA Planning & Deveh Budget .alb- Public Works NA User DepL: Purchasing NA DCMlACM Housing Dlvisior( Risk Mgmt NA Other Attachments Submitted by: City Manager _CS Arlntnd nn recw0nd nanar ? None Costs, 'total Funding Source: Current FY CI OP Other Code: Activi Budget Expenditures Demolition $28,000 7,263 CDBG Program Administration 224,200 164,820 HOME Program Administration 47,200 35,121. Public Services 159,031 137,716 Public Facilities & Improvements 382;550. 224,002 CDBG Infill Housing 150,450 7,119 HOME Infill Housing 439,600 64,839 CDBG Housing Rehabilitation 289,666 119,475 CDBG Economic Development 310,000 191,134 Relocation 20,000 17,500 Community Housing Development, Org: 69,450 56,488 . Rental Housing Development- HOME 110,000 13,978 TOTAL $2,230,147 _ $1,039,456 CITY OF CLEARWATER, FLORIDA CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR FISCAL YEAR 20002001 EXECUTIVE SUMMARY The overall purpose of the community planning and development programs as stated in Section 91 of the Housing and Community Development Act, as amended, with programs funded through the Community Development Block Grant Program and the HOME Investment Partnership Program is to develop viable urban communities by providing decent housing and a suitable living environment and expanding economic opportunities principally for low to moderate income persons. The primary means toward this end is to extend and strengthen partnerships among all levels of government and the private sector, including for profit and non-profit organizations in production and operation of affordable housing. Providing decent housing is the main purpose of these programs. Decent housing includes assisting homeless individuals and families, retaining the existing housing stock by rehabilitating existing housing units and increasing the availability of permanent affordable housing by building, new affordable rental and owner occupied units and providing down payment assistance. The second. purpose includes increasing public services and public facilities to improve the safety and livability of neighborhoods as a suitable living environment. The third purpose is to expand economic opportunities to low to moderate income individuals by creating or retaining jabs or creating and/or expanding businesses in the low to moderate income neighborhoods. The Consolidated Annual Performance and Evaluation Report (CAPER) is the principal administrative report to document how effective the City has been in expending CDBG and HOME funds to meet the objectives listed above. It serves as the basis for program monitoring for compliance and for financial audits. It provides I-IUD with necessary information for the Department to meet its requirement to assess each grantee's ability to carry out relevant Community Planning Development (CPD) programs in compliance with all applicable rules and regulations. It provides information necessary for 1-IUD's Annual Report to the U. S. Congress and provides grantees an opportunity to describe to citizens their successes in revitalization deteriorated neighborhoods and meeting objectives stipulated in our Consolidated Plan. The City's FY 2000 CAPER contains information on the City's assessment of activities as they relate to the five year goals and objectives, affirmatively furthering fair housing, affordable housing, continuum of care, leveraging resources, citizens participation, and self evaluation. e ASSESSMENT, OF FIVE YEAR GOALS AND OBJECTIVES In July 2000, the City of Clearwater- City Commission approved the FY 2000-05 Consolidated Plan for funding from the Community Development Block Grant Program, HOME Investment Partnership Program, and State Dousing Incentive Partnership Program, In September 2000, the City's Consolidated Plan was approved by the United States Department of. Housing and Urban Development. The five year consolidated plan included 'three main key activities. They included the following: (1) providing decent, safe, and affordable housing; (2) increasing public services and facilities to improve the safety of the neighborhoods; and (3) expanding economic opportunities for low and moderate income people by creating or retaining jobs or creating and or expanding businesses in low to moderate income neighborhoods, 'fhe city has identified. five general strategies to provide affordable housing; affordable housing over the next five-year period. They arc co, provide decent, adequate end affordable housing in safe and desirable environments for (1) renters, (2) , homeowners, and'(3) homebuyers and to provide housing and supportive services for (4) homeless and (5) non-homeless with special needs. Rental Stratetxy The strategy for rental includes maintaining existing rental housing stock through rehabilitation, new construction, conversion, providing additional . funding for acquisition/rehabilitation, and providing additional rental assistance to very low-income households so that housing costs, including utilities, do not exceed 30% of gross monthly income. A rental housing market analysis conducted by Pardue, Heid, Chruch, Smith and Waller showed a tightening rental housing market in Clearwater. In 1995 the vacancy rate was 3.8%. In 1997 the vacancy rate shrank to 2.1 %. The tight rental housing supply is reflected in the amount the elderly pay for rent. The market analysis identified that 1,689 elderly rental households are paying more than 35% of their household income for rent. These households represent 41.6% of all elderly renters in Clearwater. The rental-goal is to facilitate the renovation of four multi-family properties over the next live years. During the reporting period, the City of Clearwater allocated $460,000 in a combination. of HOME, SHIP and non-grant funds to renovate the 'Fullon Street Apartments. The complex has 16 units and is owned by, the City. The Clearwater Housing Authority managed the property and provided Section '8 vouchers for residents of the complex. Upon. completion, the project will serve low to moderate-income households. The project is anticipated, to be completed in the next reporting period. A I Tile City also allocated $50,000 in HOME funds to the Community Service ,Foundation to purchase and rehabilitate four rental units that would provide housing to low to moderate- income families. The agency was unable to reach its goal due to excessive high price for rental housing units in the area. Housing Stra? tcg' es The City of Clearwater implemented three basic- strategies for assisting in the provision of decent, safe and affordable mousing. The strategies consist of homeowner rehabilitation, which includes emergency repairs and disabled. retrofitting, down payment and closing cost assistance for homebuyers and acquisition/rehabilitation/new construction. In the FY 2000-01 funding year, the City of Clearwater implemented its sub-recipient housing pool. Funds in the housing pool were used for down payment, closing cost assistance, rehabilitation and new construction. SHIP and HOME monies fund the Housing Pool. Participants in the Housing pool may draw upon these funds for eligiblc activities. For larger developments, a non-profit may be allocated funds in a line of credit format. This allows for the development of smail infill projects as well as the acquisition of several single existing units for rehabilitation and resale. Clearwater's Housing Division oversees the activities of its sub-recipient participants and administers a rehabilitation and emergency repair program using CDBG and SHIP funds. . Homeowner Strategies The strategy for homeowners list the following as its strategy: (I) bring housing up to standard and modernize when possible, (2) remove architectural barriers, (3) demolish units that prove economically infeasible to rehabilitate and provide relocation benefits, (4) ensuring housing cost is less than 30% of household income, and (5) promote energy efficiency and prevent loss of home. The five year goal is to renovate 100+ housing units through . the homeowner rehabilitation program, complete 25+ emergency repairs through the emergency repair program, and retro-fit 25+ homes to make them more assessable for physically challenged individuals through the Disabled Retrofitting Program. Twenty-eight percent of the housing units in Clearwater are over 30 years of age. To assist homeowners, who need rehabilitation, the City offers loans through the Challenge 2000 Loan Program and a Rehabilitation Loan Program. The loans are available to owner occupied households with income that are very low, low, or moderate income. In FY 2000-01, the City made twelve rehabilitation loans with SHIP funds. Of the twelve loan made; three were made to families with low income and nine were made to families with very low income. 't'hese activities resulted in expenditures in the amount of $111,232. An additional Live new loans were made with CDBG funds. This resulted in ., 2 expenditures of $78,135. Homebuyer Strategy The strategies for homebuyers include providing; housing counseling programs, financial assistance to very low and low-income households with down payment and closing costs. Other strategies include providing a means to finance the cost of rehabilitation as part of acquisition, providing additional housing units affordable to very low and low-income households, upgrading neighborhoods and encouraging activities to promote', safe neighborhoods. ' A priority needs study identified the cost burden for owner households with cost burdens greater than 30% as a medium level priority for households below 50% of area median income. It also shows'a high priority of needs for households with a cost burden greater ' than 50% whose-income is between 51-80% of area median. According to the 1990 Census, the inedian cost for owner occupied housing is $80,400. It was determined that families whose income was very low or low would not be able to afford owner occupied housing without subsidy. Some moderate-income households would be able to afford a home provided they had good credit. The five-year goal for homebuyers calls for assisting 50+ homebuyers per year 'with down payment and closing costs assistance and assisting 100+ homebuyers to receive educational services about purchasing a home. The City offers several programs that help make housing more affordable to low and moderate-income homebuyers. The City's Home Ownership Program will lend funds to purchase land, provide down payment assistance, pay impact fees, disposition costs, closing costs and build new homes for income eligible first time home buyers. Funds in this program are also available to five' non-profit agencies financing their clients home ownership needs. These agencies include Clearwater Neighborhood Housing Services, Inc.. Community Service Foundation, Pinellas Homestead, and Habitat for Humanity and Tampa Bay Community, Development Corporation. The funds will also be leveraged against private,seetor financing to provide affordable housing. In this reporting period, twelve families were provided down payment assistance through the State Housing Incentive Partnership Program (SHIP). There were a total of $80,893 provided for this assistance with resulted in the private sector providing; $724,128 in financing. The City did not use federal funds for down payment assistance. In addition to loans, housing, counseling services were provided by three of the City's housing subrecipients. They include Clearwater Neighborhood Housing Services, Inc. who administers a Fast Tract: Housing; Counseling Program, Tampa Bay Community Development Corporation (TBCDC) who administers a Home Buyers Club, and 3 Community Services Foundation (CSF) who administers a. Neighbor's Housing Counseling Program. funding; in the amount of $30,005 was provided for the TBCDC and $20,000 for CSF through the SHIP Program. The City did not fund Clearwater Neighborhood Housing Services, Inc. ' housing counseling program. Over 374, individuals/families took part in the counseling services during the reporting period. Homeless 5trateay The Pinellas County Coalition for the homeless has estimated that there are 3200 homeless individuals in Pinellns County on any given day.. They estimate that 77% are non-elderly adults, aged 18 to 59. years of age. In addition, they state that 21% is children under. the age of 18, 51% are single adult males, and 16% are females. 1'he coalition further announced that 39% of the homeless have chronic or serious alcohol and/or drug abuse problems. Twenty-five percent present conditions of acute or chronic mental illness and 45% have additional illnesses such as HIV or AIDS or other serious illnesses. Other issues that lead to homelessness include unemployment, lack of affordable housing, lack of transportation, and physical and emotional abuse. Strategies for the homeless included developing programs that meet the emergency housing and supportive service needs of the homeless, including special sub-populations and the street homeless.' Other strategies include preventing low-income individuals and families with children from becoming' homeless and developing programs to help the homeless make the transition to permanent housing and independent living. The five-year goals established in the consolidated plan state that the City will continue to work with providers of homeless services and provide funding on.a project by project basis to increase the number of transitional housing units for both adults and youth. Funding for the operation of homeless programs will be given priority when determining funding priorities for social services. The City provided CDBG funding to two agencies assisting the homeless in FY 2000- 2001. The Mustard Sced's Turning Point program received $10,500 to cover administrative costs. The Turning Point is an inebriate receiving center that provides a safe haven for both walk in clientele and those who are picked up by law enforcement and other agencies. The program provides food, temporary shelter, and counseling. After an initial assessment, clients are placed in longer term housing and assisted in finding a job and arc provided other services as necessary. The program assisted 118 individuals out of its goal of 199. The City also funded the Clearwater Homeless Intervention Program in the amount $40,886 for operational support for a program which provides temporary shelter, ford and clothing. The agency goal was to house 1062 homeless individuals but ended up assisting 1,200 during the reporting period. The program requires participants to seek and retain 4 r employment and receive counseling. Upon stabilization, clients are moved into transitional housing.. The Homeless Emergency Project received funding in the amount of $54,000 to renovate tw:; structures for'transitional housing. Th'e units were proposed to house 35 individuals per year. At the end of the reporting period the agency assisted 53 homeless individuals. In addition to short and long-term housing for the homeless, the NEP provides job placement, medical, dental and psychological counseling. A total of $12,000 was provided to Religious Community Services - Grace House to renovate their facility with provides transitional housing for homeless families. In addition to shelter the agency provides food, and other material necessities for an eight- week period. Each family receives case management services, tutoring for children, and medical and mental health care on site. The agency set a goal of providing housing to 340 families during the reporting period but actually provided services to 917 families. . Funding in the amount of $200,000 was also provided to Religious Community Services -- The Havens to build an extension on their existing spouse abuse shelter. The agency's goal was to provide a shelter to 450 families in FY 200001. In addition to housing; the agency provided case management and other related services to 443 families. The new shelter will ' provide an estimated 20% increase in housing for victims of domestic violence. In all a total of $317,386 was allocated to homeless needs in FY 2000-2001. This allocation has resulted in 2,731 'homeless individual/families being provided a place 'to live and get back on their feet, Non.-Homeless Strategy In 1991 the. Area Agency on Aging conducted a service needs assessment to determine which services were identified as most needed by seniors. Transportation for shopping and medical appointments was reported as most needed. Following these two top categories were information about services and programs, home delivered meals, help in getting legal advice and house cleaning. The ability to provide in-home and community' services to seniors positively impacts their ability to live independently in the housing environment of their choice. Since the elderly are no longer able to perform the more strenuous chores for themselves and may lack the finances to hire help, homes become a health and [ire hazard. By providing these services, the elderly may live independently longer. The strategy for housing and supportive services for non-homeless persons with special needs (the elderly, frail elderly, severe mental illness, developmentally disabled, physically disabled,' alcohol/other drug; addicted person with HIWAIDS) include upgrading existing and/or providing additional supportive housing and services. 5 j In addition, the City will assist programs that provide services to marginally mentally disabled residents with basic life skill programs to assist them in becoming self-sufficient. The creation of self-sufficiency programs geared toward the specific challenges such as attention deficit disorder, anger control and completion of education may accomplish this objective. Other programs the City will address over the next five years include the . following: +. Programs to assist those entering the work force, such as corporate mentoring, affordable childcare and transportation, and private sector mentoring programs, • Programs to strengthen small businesses such as micro-lending programs, and other small business support. • Programs for older teens, including after school programs, programs to assist in encouraging them to stay in school, transitional living facilities for homeless youth, street outreach programs maternity services. CDBG funds were provided in the amount of $25,347 to Pinellas Opportunity Council to administer a Chore Services Program. Through this program various chore services were provided to thirty-six elderly, frail elderly, developmentally disabled and physically ,disabled individuals to assist them in remaining in their home and not being placed in a nursing home. NON-HOUSING OBJECTIVES The City also listed other non-[musing objectives in its five-year strategy. They include `eliminating slum and blighting influences, eliminating conditions which are detrimental to health, safety, and public welfare, the reduction of the isolation of income groups within the community, the alleviation of physical and economic distress through the stimulation of private investment, and the establishment, stabilization and expansion of small businesses. To'encourage some of the activities over the next five years the city will support activities that will: Facilitate community and economic development within the North and South Greenwood Areas •. Assist not-for-profit agencies in achieving goals uncovered in the citizen participation process. • Assist not-for-profit agencies in expanding their programs and or relocating services to better serve the community. 6 There are several non-housing factors that cause a blighting influence on communities. They range from vacant boarded structures to crime. During this reporting period the City acquired three vacant dilapidated structures with CDBG assistance. The structures will be demolished and made available for positive low to moderate-income activities. Two other structures were razed through the City's Brownsfield Program. NEIGHBORHOOD REVITALIZATION STRATEGY The City of Clearwater's Neighborhood Revitalization Strategy is a component of the j City's Five Year Consolidated Plan. The strategy is established to promote a flexible design in the City's allocation of funds provided by the U. S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG).to promote innovative programs in economically disadvantaged areas of the City: The strategy provides for enhanced regulatory flexibility in the program requirements for providing CDBG funds for economic development, housing and public service activities. In terms of economic development relief, the strategy allows Job creation or retention efforts relief by not r? quiring businesses to track the income of people hired or retained. Economic development activities carried out in the approved neighborhood revitalization are also exempt from the aggregate public benefit standards. The relief for public service activities can be viewed in terms of the regulatory requirements that no more than 15% of'the total CDBG allocation can be used for public services activities. Under this strategy, all public services offered within the subject neighborhoods and carried out as part of qualified projects by a Community Based Development Organization, (CBDO) are exempt from the public service cap of 15/0. Therefore, the City will be able to offer a more intensive level of service to stimulate revitalization. It will also allow the City to address some of the urgent needs of the disadvantaged community by offering job training and other related economic development assistance. In the housing arena, the revitalization strategy will allow the City to track scattered site housing units as a single strategy. - This will permit the City to provide housing opportunities to not only low to moderate-income families, to other families who earn between 80-120% of area median. This will increase the level of affordable housing units and thereby raise the income level of the neighborhood. The revitalization strategy area, in Clearwater, includes two different neighborhoods, They include the North Greenwood Community and Soutli Greenwood Community. They both 'have their own goals and objectives. The North Greenwood Neighborhood Revitalization Strategy Area has identified the following strategies to improve their neighborhood, They include the elimination of the poor conditions of structures, %N 7 remediati6n of low-level contaminated sites, reverse declining property values, expanding business opportunities, creation of new, investment opportunities in the neighborhood, increase new job training and placement opportunities, reduce the unemployment rate, empower neighborhood residents to eliminate crime, and strengthen coordination of . community organizations in the redevelopment effort. Tile South Greenwood Neighborhood Revitalization Strategy Area has the same general strategies - of - the North Greenwood Area. The South Greenwood area would like to see additional educational opportunities of businesses, a new neighborhood training facility, a new childcare facility, job.training opportunities, a community library, new homes, better social services, better collaboration of existing organizations, and more crime awareness programs. The City has . taken several steps over the years to address the strategies in the .Neighborhood Revitalization Strategy. Steps included developing a flexible code enforcement program, purchasing and demolishing dilapidated buildings, working with . ' local law-enforcemerit to reduce crime, funding outreach, programs and providing loans to small businesses. Other activities are discussed throughout this document. AFFIRMATIVELY FURTHERING FAIR HOUSING Until October 1999, the City of Clearwater had designated - the Human Relations. . Department as the lead agency in affirmatively furthering fair housing and enforcing the local fair housing ordinance. They investigated and enforced the fair housing laws and provided the administrative procedures in which the City follows to enforce the fair housing laws, as well as to respond to any fair housing complaints received by the City. The City of Clearwater, no longer directly enforces fair housing laws. The responsibility was assigned Pinellas County Human Relations Department since their office investigates and makes recommendations on all fair housing issues for other areas of Pinellas County, with the exception of the City of St. Petersburg. Actions taken by the City of Cleai':vater Human Relations department during the reporting period include the following: (1) distributing fair housing literature at housing fairs, job fairs, and special activities and (2) obtaining a proclamation for fair housing month. In addition to the Hunian Relations Department, the City is working with Clearwater Realtors through the Voluntary Affirmative Marketing Agreement Program (VAMAP) to' further fair housing opportunities in real estate transactions. To further these efforts of the VAMAP, the Clearwater Board of Realtors enlisted the services of the Community Mousing Resource Board to focus on'the federal, state and local enforcement agencies, 5 housing industry groups and volunteer community groups working together to promote fair housing practices. Thcse efforts include the following: • Providing public information on fair housing. • . Assessin ' community fair housing needs and identifying local problems and issues that impede equal housing opportunity. • Evaluating performance and effectiveness of the VAMAP. • Expanding minority involvement in the real estate industry. Expanding public awareness of housing opportunities in the community.. • Developing cooperative solutions to problems associated with the'implementation of the VAMAP. . Other actions during the FY 2000-01 fiscal year include the following: • Continue to support • the operations 'of the Pinellas County Human Relations Department, Clearwater Board of Realtors, and the Community Housing Resource Board. • Provide $50,005 ' in funds through the' State Housing Incentive Program to the Community Service Foundation and Tampa Bay Community Development Corporation 'to implement homebuyers training programs to encourage homeowner opportunities throughout the City. ' AFFORDABLE DOUSING The Housing Element of the City's Comprehensive Plan prepared in March 2000 states as one of its objectives for. housing that "the City shall continue to provide assistance and incentives for the development of housing that is affordable to very low, low, and moderate income 'households, including those with special needs, consistent with the level of growth in these income categories". The following policies have been prepared to effect this change. Policies: 13.2.1 Continue to utilize Community Development Block Grant Program.funds for the construction and/or rehabilitation of housing units that will be affordable to very low and low-income households consistent with federal income guidelines. 13.2.2 Continue to use federal programs to provide, rental subsidy assistance to low and some moderate-income households. 9. i 13.2.3 Continuc to review new construction techniques, materials, building codes, and housing' codes in order to determine where housing costs can be reduced without sacrificing the quality of housing for very low and low-income households. 13:2.4 The City shall continue to utilize the Challenge 2000 Program to assist very low.. low, and moderate-income households in obtaining; mortgage financing. 13.2.5 The City shall continue to support the addition of rental housing; as needed to meet the needs of very-low, low, and moderate-income households. For information detailing the progress made in meeting specific objectives of providing affordable housing, including number of extremely low income, low income, and moderate income renter and owner households assisted during; the reporting period and the number of households assisted, please see the housing; strategies listed on pages 3-4. CONTINUUM OF CARE NARRATIVE ' Iat'March 2000, the City held a Homeless and Special Needs workshop with organizations that work in those areas. Tile workshop was held to determine the continuum of care needs of residents in Clearwater for the next five years. Participants in the work group identified the following needs for the city.' They include (1), the need for additional youth Iiving' facilities, (2) street outreach programs for youth, (3) youth maternity services, (4) programs for dealing with populations who are communicably ill, (5) onsite mental health services, (6) programs for recent released inmates, (7) more transitional housing;, and (8) money for existing; programs. The work group indicated, that money for operating their services was a necessity. They indicated that often they receive funding for one year and not the next which breaks program continuity. Further, the populations being served have no way of paying for the services and it is often difficult for smaller agencies to provide services and develop other fundraising programs. Participants in a public service workshop also echoed the need for continuum of care services. They stated that there is a . need for a consolidated family resources center, transitional housing for youths, additional transitional and single room occupancy housing, supportive services and housing for persons with HIV and AIDS population, assistance with lead based paint' and asbestos abatement, a north county inebriate receiving center, transitional housing for teen mothers, and additional seniors programs. The, City of Clearwater listed continuum of care issues as a high priority in its rive Year Consolidated Plan. During this reporting period, the City provided $40,886 in CDBG funds to the Clearwater Homeless Intervention Pr.)ject as operating capital for the Emergency Shelter Facility, 'as part as it continuum of care. The City's. Police Department provided addition dollars for program operations. 'Tile facility provided shelter, food, 10 counseling, and case management services to 1,211 individuals. A total of $10,500 was provided to the. Mustard Seed - Turning Point for inebriated homeless individuals. During the reporting. period, the agency assisted 118. homeless individuals from Clearwater. The Homeless Emergency Project received funding; in the amount $54,000 to renovate two structures for transitional housing. The units were proposed to house 35 individuals per year.'At the end of the reporting period the agency assisted 53 homeless individuals, In addition to. short and long -term Housing for the homeless, the 14EP provides job placement,'medical, dental and psychological counseling. A total of $12,000 was provided to Religious Community Services -- Grace House to renovate their facility with provides transitional housing for homeless families. In addition to shelter the agency provides food, and other material necessities for an eight- week period. Each family receives case management services, tutoring for children, and medical and mental health care on site. The agency set a goal of providing housing to 340 families during the reporting period but actually provided services to 917 families. Funding in the amount of $200,000 was also provided to Religious Community Services -- The Havens to-build an extension on their existing; spouse abuse shelter. The agency's goal was to provide a shelter to 450 families in FY 2000-01. In addition to housing, the agency provided case management and other related services to. 443 families. The new shelter will provide an estimated 20% increase in housing for victims of domestic violence. CDBG funds were provided in the amount of $25,347 to Pinellas Opportunity Council to administer a Chore Services Program. Through this program various chore services were provided to thirty-six elderly, frail elderly, developmentally disabled and physically disabled individuals to assist them in remaining in their home and not being place in a nursing home. In addition to -the continuum of care projects listed above, the City provided $3$,280 to the Kimberly Home to renovate a house that will provide housing for up to four homeless pregnant teenagers. During this reporting the period the agency was able to help one pregnant teenage child. OTHER ACTIONS Fosterin and maintainin affordable housing The City of Clearwater has been very proactive in fostering and maintaining; affordable housing. Although the City cannot control the cost of labor or goods or land costs, they have done other things to keep the units affordable. They include the following: • . designing; homes that tire practical and efficient. • subsidizing for impact fees. • ; providing financing at below market rates to clients. • funding subrecipients to acquire vacant properties and build affordable houses. •. working with subrecipients to acquire homes foreclosed by HUD and reselling these as affordable housing units. • paying for infrastructure improvements with general revenue funds. f • changing the City's development code to reduce street size and other development Issues. • working with the local housing authority t6 buy property and resell for affordable housing. .. fk • working with developers to put together applications for funding through the low income housing tax credit program, state 'of Florida housing bond program and oilier resources to build rental units for affordable housing. . Barriers to Affordable Housing 3 n n , Through the State Housing Incentive Partnership Program (SHIP) Clearwater's Affordable Housing Advisory' Committee reviewed the following areas to identify potential barriers to affordable housing.. Affordable housing definitions • Permit Processing • Impact Fee requirements • Infrastructure capacity • Residential Zoning Density • Transfer of Development Rights • On-site Parking*and Setback requirements • Zero-lot Line Development • Sidewalk and Street Requirements k . • Regulatory Review Processes ° . Inventory of lands suitable for affordable housing development i ' The Committee determined Clearwater already had systems in place to address these potential barriers. They did recommend several additional steps to address potential' barriers, First, they recommended a change in the definition of affordable housing to 12' "Safe and sanitary housing which can be rented or purchased, in the market without spending more than 30% of a household's income and which is available to'a household carving 100% or less of area median income for non-elderly and able bodied residents; . and 120% or less of area median income for elderly and disabled residents." Second, the committee recommended reducing the parking requirements of 1.5 spaces per unit for multi-family and 2 per unit for single-family developments for elderly and very low-income projects. Third, the . committee . recommended setbacks in older neighborhoods is . consistent with the existing block face average. Fourth, they recommended amending the housing, code to allow garage apartments. Finally, they recommended changing the receipt and referral process to reduce the processing time for developments of 25 acres or less. Based upon the results by the steering committee, the City of Clearwater.will continue to research, monitor and carry out programs that affect the objectives identified in the consolidated plan. The Housing Division will continue to push the following agenda to: • 'rhe expedited processing of permits for affordable Housing projects. • "I he modification of impact fee requirements: • The allowance of increased density levels. • The reservation,of infrastructure capacity for housing f'or very low and low income persons. • Tile transfer of development rights as a financing mechanism for housing for very,. low-income persons. • The reduction of parking and setback requirements. • The allowance of zero lot lines. • The modification of sidewalk and street improvements. • The- establishment of a process by which the City considers, before adoption, procedures and policies that have a significant impact on the cost of housing. • The. preparation of a printed inventory of locally owned public lands suitable for affordable housing. To reduce barriers to affordable housing the city will work with applicable agencies to investigate impact fee waiver programs, a contractor referral, service to identify available projects, assistance in clearing zoning issues and other barriers to construction of affordable housing. 'Co assist with financing costs, the city will work toward eliminating predatory lending practices in the service areas. The city will work to re-establish its financial partnerships to encourage affordable rates and terms for borrowers. In addition, the city will investigate programs to help reduce the costs to homebuyers and those seeking to rehabilitate housing in the target areas. The city will also investigate loan programs that 13 Will help the very low -income homebuyers achieve homeownership by creating special incentives for the provision of affordable housing. Comnrehensive Plain Analvsis The city will use the housing element of the Comprehensive Plan to monitor and measure the program's effectiveness in reaching the goals and objectives of tine program. Fostering and maintaining affordable housing is one of the City's primary goals. In this year's plan, the City will use SHIP funds to finance impact fees associated with building new homes. Impact fees are not eligible under the CDBG program: We will continue to review construction standards to reduce'costs without sacrificing the quality of housing units. Lead Based Point Lead based paint is a serious problem throughout cities across America. It is usually prevalent in homes built prior'to the 1970. Clearwater's housing stock is relatively new, with the average home being built after 1970. I-Iowever.the City still maintains that lead based paint is a serious issue and conducts housing inspections to determine if.there are defective paint surfaces. if lead conditions arc present, the lead paint is either removed or covered in a manner described by 1-IUD. No lead based paint conditions were found during this reporting period. ' The City will continue its effort to rid structures of lead based paint. Wc'will continue to test and remove all lead based paint surfaces in structure rehabilitation' under our programs. 'Clearwater . will use the services of the Pinellas County Environmental Department to test. all structures with defective paint surfaces and the local Health Department to test children for elevated blood levels. Tine North Greenwood Community Health Center has agreed to participate with the City by providing a meeting area for neighborhood based education programs, disseminating information on the hazards of Lead Based Paint, and provide blood screening. To arrest'the Lead Based Paint Hazards 'in Clearwater, the City formed a collaboration and partnership with other agencies and applied for a $1,003,302 Healthy Homes Grant. The collaboration included an interagency partnership with Pinellas County Health Department's Lead Intervention and Healthy I-Ionic Team, as well as four community- based organizations. The community leased organizations include the ONO Federation, serving the Hispanic population, the Greenwood Community Health Resource Center which provides care to predominantly African American community, Clearwater Neighborhood Housing Service, Inc, which provides rehabilitation services in the targeted area, and Pinellas Opportunity Council -'Chore Services which provides cleaning services to the elderly population. E ' 14 ,Program activities will include the following: * Collaboration between public-private agencie's involving housing, health, and conimui}ity-based organizations to facilitate a Healthy-Home Team to go door to door in the targeted Brownfields area to identify children and homes at risk. • Assurances that children identified at risk receive blood lead testing and the child with elevated ]cad levels receives follow-up care. • Promotion of a public awareness campaign through education to physicians and th.evommunity and disbursement of educational materials • 'Assessment of homes at risk to identify lead hazard control services to eliminate hazards identified in homes. • Initiation of supportive lead hazard control services to eliminate hazards identified in homes. • Evaluation of prevention activities to measure the impact and outcome of program services and intervention efforts in the community. Poverty Level Assessment Reducing the number of residents who live below the poverty level is very important to the City of Cleanvater. The City realized that the most .effective way to reduce the . ' . number of persons below the poverty level was to increase their income though providing employment opportunities. The city will provide funding to support service organizations that reduce impediments for families allowing them to rise above the poverty level. Clearwater provides economic development opportunities to for profit businesses that agree to hire lower income individuals. Through the coordination among programs including the EPA and State Browmsfield Redevelopment initiatives and the federal Weed and Seed Program, Juvenile Welfare Board, Clearwater Stars, United Way, the Eckerd Foundation, and the University of South Florida, Clearwater will expand our efforts this year to reduce impediments. Institutional Structure To overcome gaps in institutional structures and enhance coordination, the City implemented several practices that have been successful., First, local lenders were provided with information relative 'to the City's housing programs and offer a coordinated effort for the lending institution to prosper. is 5 The City has established 'a relationship with local lenders to work together to provide home ownership and homebuyer opportunities for low to moderate-income families. '['he City and its subrecipients pre-qualify clients to the lender's specification and provide-gap financing in the form of down payment assistance. Other actions undertaken by the City included developing; institutional structures and enhanced coordination between public and private housing and social service agencies. The City provided $25,000 to Partners In Self-Sufficiency to administer a sell-sufficiency program that provides housing and educational opportunities to single parent low-income households. Under the program the local housing authority provides section 8 certificates or vouchers to program participants while they are pursuing education and job training.. At the end of the program, participants should have saved enough money for a down payment on a home. The City's Housing Division would further assist them with housing . opportunities. Public Housing and Residential Initiative's The City understands the benefits of improving public housing and residents' initiatives. To improve the lives of families in the public housing complex the City targeted the children to break the cycle. The City will continue to work with the local housing authority to foster innovative public housing developments and residential initiatives. To help with resident initiatives the City provided $25,000 for operations to the Partners In Self Sufficiency Program. This prognan provides residents' on public assistance (Section 8) with housing, counseling and case management services that encourage participants to become self-sufficient and purchase their own home. The agency assisted 230 families during this reporting period. The City also provided funding for other support organizations to administer services to children in public housing; Ten thousand nine hundred fifty dollars was provided to the Jasmine Court Boys and Girls Club to implement recreational and educational programs in the Jasmine Court Public Housing Complex. An additional $10,348 was provided to, the Jasmine Court Girls Inc. to provide operational support to a program that provide self- esteem and self-awareness programs to girls who live. in the. housing complex. These programs provided support to over 226 children in the housing complex. Leveraging Resources d The City's efforts to provide affordable housing and other services to low to moderate-income families have resulted in leveraging a great amount of additional resources. a Providing funds to build an extension for the Havens Spouse Abuse shelter ('$200,000) led to the agency securing a $200,000 from-Pinellas County Community, 16 Development Department and approximately $600,000 in private sector capital. • The City provided $36,000 in CDBG funds to complete an economic development study for North Greenwood. This resulted in a $70,000 award for the study from the U.S. Economic Development Administration. Through the Inf ll Housing and Down Payment Assistance Programs, Clearwater works closely with the private lending community to leverage private investment in home ownership, Please see Homebuyers Section for accomplishments. In addition, Clearwater works with Community Service Foundation, Partners in Self Sufficiency,' Tampa Bay Community Development Corporation, and Clearwater Neighborhood Housing Service, Inc. to provide homeownership counseling to support our housing programs. Through the Brownfield Program the City, has, obtained $100,000 in additional assessment funding for a Brownfield Pilot program. They have also been awarded $144,000 through the U.S. EPA. Brownfield job Training Pilot and $255,000 from the State of Florida to fund the assessment and clean up of orphaned and abandoned sites in ' the Brownfield area and neighborhood revitalization strategy area, Citizen Comments Please see attachment #I SELF EVALUATION Our assessment of the previous year's activity shows that the City has made strides to address the majority of high priority projects. The areas listed as high priority include funding and implementation of (1) senior centers, (2) youth centers, (3) day care centers, (4) health facilities, (5) parking facilities, (6) employment training, (7) fair housing. counseling, (8) tenant landlord counseling, (9) commercial/industrial infrastructure, (10) micro businesses, (11) economic development technical assistance, and (12) code enforcement. With funds allocated to the City (1,001,000) from the FY 2000-01 CDBG Program entitlement, $120,000 in anticipated program income, $' 442,896 in reprogrammed funds, and $463,000 from HOME Program and $854,299 from the State I•lousing' Incentive Partnership Program Entitlement plus $288,986 in program income and reprogrammed funds from the SHIP Program. The program funded included the following: Demolition $ 28,000 Demo-Reconstruction 260,000 Relocation 20,000 CHDO Set Aside 69,450 Program Administration 460,830 ` 17 Economic Development 300,000 Home Ownership/Rehabilitation 1,583,571 Rental Housing Development 110,000 Public Facilities .382,550'. Public Services 159,031 $3,373,432 The City remains committed to the projects listed above and did not amend the plan to adjust any of the projects. It obtained the resources listed above and solicited gratits to. obtain additional funding. The programs listed above were consistent with the five year consolidated plan, and the housing element of the City's Comprehensive Plan. Through the public service awards, the City' funded four organizations in operational support. The funding provided to these organizations total $159,031. The individual awards to the public service organizations are as follows. Clearwater . Homeless Intervention Project, Inc. received $40,886 in operational support to operate all overnight homeless shelter for individuals. The shelter provided overnight housing and case management services to 1,211 homeless individuals during the reporting period. Partners in Self Sufficiency received the second highest allocation in the public sector arena. They received $25,000 to administer a family self sufficiency program for single family households on public assistance to turn their lives around and become self sufficient. The other two organizations that received, public service awards included the Pinellas Opportunity Council and the Mustard Seed, Foundation:' Pinellas Opportunity Council received $25,347 to provide chore, .services to the, elderly and physically impaired households. During this reporting period, 36 elderly/physically-impaired households were assisted. The final public service awarded agency was the Mustard Seed -Turning Point. The agency was awarded $10,500 to operate an inebriate center ror homeless individuals who were intoxicated or abased drugs. The center assisted 118 Clearwater individuals during the fiscal year. Funds provided for rental housing in this year's action plan ($110,000) were allocated to Community Service Foundation and Fulton Apartments. Fulton Apartments are a 16-unit rental complex that will be renovated. In this year's action plan, an additional $60,000 in HOME funds was allocated for the project. The project is currently in the design stage and is due to begin in January 2001. In the prior year plan, $210,000 in HOME funds and. $70,000 in non-federal funds were allocated to the project. This will bring the total funding availability to $340,000 for the renovation of the project. Fifty thousand dollars. were also allocated to Community Service Foundation for rental property acquisition and rehabilitation. Funding for homeownership activities totaled $1,843,570 in CDBG, HOME Program and SHIP funds for FY 2000, The activities funded these programs included owner-occupied 18 i rehabilitation, down payment assistance, new housing development, real property acquisition and disposition, and housing counseling programs. In the Economic Development•P.rogram, $300,000 was allocated to provide job training and placement services and direct loans to for profit businesses. The impact on the community for building new homes in the neighborhood revitalization strategy has been positive. There is more community spirit and reinvestment. As a result of the new homes, there is a minor trend for families with higher incomes to move back into the neighborhoods. Also, according to the Pinellas County Property Appraisers Office, the property values in the area have increased by 10% and could indicate a trend. Because 100% of the funds expended were for benefits to low to moderate-income families the national objectives were met. The expenditure of these funds did not result in the permanent displacement of families or businesses. Temporary relocation expenses were provided while homes were rehabilitated and to one family displaced three years ago CDBG NARRATIVE Relationship of the use of CDBG funds to the priorities needs goals and specific Objectives. The City utilized a strategy of diversification when selecting CDBG eligible activities. 'Funds in the amount of $460,830 were provided for administration $300,000 for economic development; $1,843,570 for housing activities (rehabilitation, down payment assistance, acquisition, disposition, etc.); $382,550 for public facilities and improvements and $159,031 for public services. Details of how these funds addressed .the individual' objectives are listed in the self-, evaluation section of this report. Nature and reasons for any, changes in program objectives There were no changes or amendment to program objectives. Assessment of grantee efforts in carrying, out'the planned actions • All resources (CDBG, HOME and. SHIP) listed in the consolidated plan were obtained with the exception of the Community Pride Child Care Center, Career Options and the: Strive Program, Community Pride had applied for additional funding but was unable to obtain resources sufficient to achieve its goals. Career Options discontinued its operations early in the funding cycle and, did not draw upon its allocated funds and Strive did not receive funding during the period. 19 . 1 The City supported the Homeless Emergency Housing group in an application for' federal funds. • In addition to CDBG, HOME and SHIP funds, the City was successful in obtaining private sector leveraging for new housing construction and financing home purchases. Actions of funds used outside the national objectives AII,CDBG funds were used for activities that meet the national objectives. Ac uisition rehabilitation and demolition narrative Neither the City, nor its subrecipients, acquired or rehabilitated buildings that resulted in the displacement of business, individuals or families as a result of projects funded with CDBG or HOME dollars. All properties that were acquired with CDBG funds were voluntary and mostly vacant parcels. The City's subrecipients purchased all properties acquired during this reporting period. They include Clearwater Neighborhood Housing Service, Inc., Tampa Bay Community Development Corporation; Community Service Foundation, and Habitat for Humanity. When subrecipients become interested in a property they want to acquire, the following steps are required: The subrecipient' informs the property owner that they are interested in the property. The subrecipient sends out HUD Guide Notice -- Disclosures to Sellers with Voluntary, Ann's Length Purchase Offer. The subrecipient informs the, owner that they do not have the power of eminent domain and that the purchase would be a strictly voluntary transaction. If the owner is interested in selling the property, then an appraisal is obtained. The subrecipient then determines just compensation for the property. The subrecipient then,offers just compensation to the owner. Should the owner agree to the offer, the subrecipient may purchase the property. If the offer is not acceptable to the owner, then both parties walk away from the deal. 20 i i CDBG funds were expended ' for a prior fiscal year Uniform Relocation Act triggered project. This expenditure was part of a five-year pay out of relocation benefits to a family that was displaced as a result of acquisition, Temporary relocation benefits were provided to eligible homeowners while their, homes were being rehabilitated. Temporary benefits include moving, storage, temporary rents, and utilities. A total of $2,760 was expended to demolish one vacant dilapidated building.. The: demolition of this building resulted in the construction of a home for low to moderate- income family. The home was built without federal assistance, Economic Development Narrative For, fiscal year 2000 the City provided $300,000 for economic development activities. The funds were provided to a subrecipient (CNHS) for loan funds to for profit businesses , to hire low to moderate. income individuals. or provide an area benefit to a low to . moderate- - income community and Lockheed Martini for job placement services. With these; resources the agencies provided ten loans to businesses. Limited Clientele Narrative The City and its subrecipientsmaintain files that document all clients who qualify for the limited clientele designation. Program Income Narrative Please see HUD Financial Summhry Report - Program Income Section Rehabilitation Program Narrative Please see Self Evaluation Section of Report Please see HUD Rehabilitation Report. HOME NARRATIVE HOME Program Distribution Analysis The City received an allocation of $463,000 in HOME Funds for FY 00101. The majority of the , funds were set aside for rental housing development. The rental housing development will result in the renovation of 16 affordable units. All of the units will be HOME assisted. The project is underway and is scheduled for completion during the next 21 E reporting period. The' remaining -HOME allocation will be 'used for l;omebuyer opportunities; housing rehabilitation, and administration. The City of Clearwater has two certified CHDOs. Clearwater Neighborhood Housing Services, a long time partner was formally adopted in October 1999.. In June of 2000, the Largo-Are'a Development Corporation (LADC) was approved. Both will participate in providing affordable single-family infill housing to the City in targeted areas. HOME Match Report Please see attached Match Report Minoru and Women's Business Enter rises Report - HUD Form-4107 Please see attached Minority and Women's Business Enterprise Report.' HOME Inspections and affirmative) marketin actions and outreaell to minority and women owned businesses. Two rental housing developments previously funded and subject to HOME monitoring were,inspected during this reporting period. One rental project is not completed, however the HOME assisted units were completed. An inspection of the completed units has occurred. They are floating units. The rental housing development project funded in this reporting period is in the pre- construction stage and scheduled for completion in the next reporting period. This project will include all of the affirmative marketing actions and outreach to minority and women owned businesses as required under the Section 3 requirements. IIOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS NARRATIVE The City of Clearwater did not receive any HOPWA funding during this reporting period EMERGENCY SHEL'T'ER GRANT NARRATIVE The City of Clearwater did not receive any ESG funding during this reporting period. PUBLIC PARTICIPATION The City maintains a Neighborhood. and Affordable Housing Advisory Board to encourage public participation. The Board mects bi-monthly on the first Tuesday and discusses and makes recommendations on housing related issues. The meetings are sometimes held in each low-income neighborhood once a year. The City Clerk Office maintains minutes from these meeting. 22 A ?a Clearwater City Commission Agenda Cover Memorandum Work session Item #: Final Agenda Item It Meeting Date: 12-13-01 SUB) ECTIRECOMMEN DATION: • Petition for Annexation, Land Use Plan and Zoning Atlas Amendments for 1262 Brookside Road (Lot 12, Lake Lela Manor First Addition in Section 24, Township 29 South, Range 15 East); Owners: Eric M. Zebley & Calista A. Zebley, MOTION: APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low to City. Residential Low and Zoning Atlas.Amendment from County Zoning Residential, Single Family District (R-3) to City Low Medium Density Residential (LMDR) Zoning District for 1262 Brookside Road (Lot 12, Lake Lela Manor First Addition in Section 24, Township 29 South; Range 15 East) and PASS Ordinances #6906- 02, #6907-02 & #6908-02 on first reading. (CC ANX 01-09-27) N1 and that the ap ro riate cfficlals be authorized to execute same. SUMMARY: This site is located at 1262 Brookside Road, approximately 110 feet north of Lakeview Road, The subject property is, occupied by an existing single family residential home and is approximately 0.24 acres in area, The purpose of this annexation is to enable the applicant to receive City sanitary sewer service. The closest sewer line is located in the right-of-way along Brookside Road and the capacity for the project is available for this utility. The applicants paid the sewer impact fee of $900.00 on September 5, 2001 and are aware that they are responsible for the additional cost to extend sewer service to the property and for the utility deposit. Water service is being provided by Pinellas County and will continue to be provided by the County, A land use plan designation of Residential Low is proposed along with a zoning category of Low Medium Density Residential. The Planning Department determined that the proposed annexation is consistent with the following standards specified in the Community Development Code: • The proposed annexation will not have an adverse impact on public facilities and their level of service, • The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide Plan and the Community Development Code. Reviewed by: Originating Depl.: Costs Legal Info Srvc NIA PLANNING DEPARTMENT. Total _LETIM_S.UDO!Pej Budget NIA Public NIA User Dept. Funding Source: Works 6? Purchasing NIA i,CMIACM PLANNING DEPARTMEI46 Current Cl FY Risk Mgmt NIA Other Attachments OP ORDINANCES NO. 6906-01, Other 6907-01 & 6909-01 STAFF REPORT Submitted by: * / City Manager 1-!W jA," ? None Approp riation Code: Arlntnd nn ranvelad nanar Rnu 7/98 CC ANX 01-09-27 Eric M. Zeoley & + Calista A. Zebley } December 13, 2001 Page 2 i • The proposed annexation is contiguous to existing municipal boundaries, represents'a logical extension.of •the boundaries and does not create an enclave: This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staff, according to the provisions of the County Ordinance No. 00-63, Section 7(1-3), and no objections have been received from these offices. { The.Planning Department determined that the proposed land use plan amendment and rezoning applications are consistent with the following standards specified in the Community Development Code; j • The proposed land use. plan amendment and rezoning application, areconsistent with the Comprehensive'' Plan. The potential range of uses'and the specific proposed use are compatible with the surrounding area. } • Sufficient public facilities are available to serve the property. • The 'applications will not have an adverse impact on the natural environment. Pursuant to the Interlocal Agreement .with Pinellas County, review by the Pinellas Planning Council will not be required for the plan amendment. ; Please refer to the attached report for the complete staff analysis. ' i The Community Development Board reviewed these applications at its regularly scheduled meeting of November 13, 2001 and unanimously recommended approval. .r .. t ORDINANCE NO. 6906-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF BROOKSIDE ROAD, APPROXIMATELY 110 FEET NORTH OF t AKEVIEW ROAD, CONSISTING OF LOT 12, LAKE LELA MANOR FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1262 BROOKSIDE ROAD, 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 CIIY 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 12, Lake Lela Manor First Addition, as recorded in Plat Book 38, Page 7, Public Records of Pinellas County, Florida (ANX 01-09-27) Section 2. 'The provisions of this ordinance are found and determined to be consistent with the' City of Clearwater Comprehensive Plan. The City Commission hereby accepts the ' dedication of all easements, parks, rights-of-way and other dedications to the public, which have heretofore been, made by plat, deed or user within the annexed property. The City Engneer, 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 hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and snail 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 Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides E Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 6906-02 'i: r' --?..?- '?t?-,._;?+. .? ?.? f'L;r 1Lr.. •I-:? _ .r:?.:Fa: •:: ?f: is MEADOW LANE :'r •Yj ? ?-s L`?i5 ??. m• aair? ; +:ti: ? ?? 1?.ayff ?" . ; 1^s:r(: C;,i,A,!•?c? ? R...', f!?'.`YI t ? /? '?; 'J?:rL? ??8'YF?f +r?Q:r r711 -1 st !1' 1 f' Yf'li1t3't'sn BEVERLY CIRCLE N. s -: a ?l',?fF,1Jt(°w1?,Y?4?^!NC??:?•'?'i'j?`?Zlk' ?r`p`e??%K??1 {T{?.-`1'? `_?'?:,; ?•? A !fi l i'.? ??'?• Yh ^i ?i 11 ? ?y:+.rr4• :.nN ? fJw?? '? i fr ?S Z ? r, y R0 W - ? .l 1 f Y? 72, `1 2sh r ai }?5} -. t'l Q }ti+Rj BRENTWOOD 5 SI -w 1? ,'J ?4.- `ter r : L'', !! n 7,. 0.' -Eb 11 '2 1l- 1 •? l:r lpi 11.; 1:.'3ri -u ?i 114 ? 1 'd2 ° CAI C ? E? F?1_ I 115 -} E J 116 117 L - ? 11J I PLUMBI 50 ROAD :LEAR WATER . ry r,,, S? y PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: Eric M. Zebley & Calista A. Zebley i CASE: ANX 01-09-27 SITE: 1262 Brookside Road PROPERTY SIZE (ACRES): 0.24 ZONING LAND USE PIN: 24/20115148008100010120 FROM: R-WCounty Rnsidontlal Low Tn LMDR Ruaidontlol Low j ATLAS 000A PAGE: t r ORDINANCE NO. 6907-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF BROOKSIDE ROAD, APPROAMATELY 119 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF LOT 12, LAKE LELA MANOR FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1262 BROOKSIDE ROAD, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The, future land use plan element of the comprehensive plan of the City of Clearwater is, amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Prop Land Use Category Lot 12, .Lake Lela Manor First Addition, as recorded Residential Low in Plat Book 38, Page 7, Public Records of Pinellas County, Florida (ANX 01-09-27) Section 2. The City Commission does hereby.certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6GO6-02, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Douga l-Sid s Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk I Ordinance No. 6907-02 n ' ~ RG 74?h KENOALL ! _ a U R LAC LI BRENTWOOD ?ff9? G N Y r / RL w a 0 a m RL -- } ' W L W - a - u m a L REBECCA UHIVE REBEL( SANDRA DRIVE z :j SANDRA r to 3 - u L I L J SEVER DRIVE 1 LEES P.U `?JV L AKEVIEW o a C3 Rif a ' co R w i? Z x 0 a l+! r li W ? 0 W lL . L u COUNTYWIDE FUTURE LAND USE PLAN MAP OWNER: Eric M. Zebley & Calista A. 7_e bie'?y CASE: ANX 01-09-27 SITE: 1262 Brookside Road - - ? PROPERTY SIZE (ACRES): 0.24 ZONING LAND USE PIN: 24/29115149000/00010120 cAOM: R-alcounty Aosldpntlel Low TO. LhIOF% Aesiduntlgl Low ATLAS 008A PAGE: Ordinance No. 6907-02 (t1 ' I 1 1 1 I 1 I 1•' ORDINANCE NO. 6908-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF BROOKSIDE ROAD, APPROXIMATELY 110 FEET NORTH OF LAKEVIEW ROAD, CONSISTING OF LOT 12, LAKE - ? ELA MANOR FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1262 BROOKSIDE ROAD, UPON ANNEXATION INTO THE CITY. OF CLEARWATER, AS LOW MEDIUW DENSITY RESIDENTIAL (LMDR); 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 12, Lake Lela Manor First Addition, as Low Medium Density Residential recorded in Plat Book 38, Page 7, Public (LMDR) Records of Pinellas County, Florida (ANX 01-09-27) 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. 690602, PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form:' Attest: Leslie K. Dougall-Sid Cynthia E. Goudeau Assistant City Attorney City Clerk. Ordinance No. 6948.02 MEADOW t, 0') 1 lJ 1 c, 1 7 kf 3 + 9'J Ir '11171 IJ? BEVERLY CIRCLE Nr 1, yiti'? /1y+«`!r •' :. '., 3'=1•' +p '.:+ , ,?:r? rf.•+ift•',.? n:) • r5 r' ,?1?. +?' • ail `,;l ?'''????((yyy'?y?,f?Ja.a tom;;•.4'?{? ! IFt ?I ?,.?',T ,? rt,7 ? 1 I,,ii 2n'. .4'[ ? fr. 0 w `? h F ; 1. ?; F1 # . 11. 12 6 W BRENTWOOD : . r.l W 141 0 '"'yam ? ?. _.M_I{l..r....1.j.r???? ? j., 0 W. :. -.. p I 1::•11; ' '(}1 p??{te? • l?r..',? s,;,?.°,?l?;ry?., ;,( 112 raao ?e i•' fr.. +{ ?)?'i _ 1236 I 14 ?+ J. .rye {'i } ,? L•' ??: r: Y'?:: r?r J~ z 12.12 FA e• '}1+f ?? ,i5.lt??i?;-W ?'y l:'G?' Z 121 "?f?'' ;'k'?`i•'',? .ti'C??#i5T2? lFii" ?'j1 tw. 1 1 j ?l ? - j<J ?? • ??h ?[}' 1??=???k f{, ?L•?•!:! ?-?1G?111 J •--. :fis,r 5??p/r r+ tdSy C•4 - - S?+ 120 -?y'. rt:t!'??`ilo5?•f'.S .'. ... 1.7 }?'f:_5'ItS')?''.1{ Y c?.:;l',{%l 1Nt3 1? ii '1:5 Kw Is% i0 03 '?iF:, ,ti••1?ry± ri• !x?:? ?r1??X?.t ?`t; 11{i '+ .1.'?'?fl]'?•1?+'%?f %"?ri'1Y,+71t ?,T`i`?'?? a•?, ?'/ 3(LO IVT ,.. .?i ?t•.. Iht' . ?`?:.. ti -f sJ` 1113 I PLUMB ROAD lFARwA t• .fit S.L? 1 ? 3 [ PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: Eric M. Zebley & Calista A. Zebley CASE: ANX 01,09-27 SITE: 1262 Brookside Road ---- ------- PROPERTY - - - SIZ E (ACRES): 0.21 ZONIN[3 LANG USE ? P1N• 2+1/20N6lABIlpOlp0plp12p FROM: R-3/county Ro3ldonlial Low TO: LMDR Rooldonllal Low ATLA4 30DA PACICt tf Au!{.5sr?= LANE ?: r A e r.1 (a 1. Ma p NORTH 1 ". Yr r r - i 03 yr., , i ti. s J r r'yi ? riSS No. 1rr ' ', ? I f '? y? F?yiyM !s N c K.iK 'I Ad It k' , M r S i !? r V s .?7 AF, or hw ??: a ?.? ::r1,..f ???,?? i ??...5 :y??„1?r! r , ? ?J7? i???• i t ? • ?`, r ?l : - ?1? iiTe .+ + #y4'?.y:,? ?f • 'i: ?7- I ill ? f -JA f i P%j 3. a i ? ? ++ ,? • V AW' c.rrr Of ' (AZAHWATI lt, FYI MMA I UPLIC WORKS ADMINISTRATION K I;NGINrrItINti ,.,...? ,. ,,, ...y... ty N I_ oca hOn Map "Idliffirm', Eric M. Zcblcy& OSmA. zebley NORTH 1262 Brookside Road ANX 01-09-27 {" = i ,32D' ?:L}LLA/rR W 8 s, ]BAY 5; N GULC D DLL Ll 0 U n bNp 6 6131 DA Y y W yK j R 51 P W K O M H " W . 't -9 4 4 J. 1mE[1 V S7 F-1 R 4ES7 ` s $ y ,• K FmE ST 5, r F: ? X ? ? MARION ST ? ? 3? f ? 2 w DRUID RD k 2?i I WA7 JASM14t WAA1 < r!?? PROJECT R'll ACHCaIA ARa ? ° p U ?Mb Q NAGhGl1A 7'E OR Lnrus r?TH Rr l P i !`! SITE ri- 7wf?SI1M 1wf`I W D RLY R CPR H FH v g 'C ?111`yyy IAMI'Vt{w n ? ? n n w L.? CRACCL'M r----- -----? pARA 510£ DR PAL L-OR-?••3 PChHY L/ WM,CMiOOD Oh ? t{ C31RUS 5T r?-? LC MUH ST nn„ OR lo h NARDFIDOO SCARPEEZE 51 C re kr' O ? dz w ` C. R. 47A AN[ -uuu? npr,Ens „?' riUR?nC{ D RE OCCCA> 5AH7%TA/v RELLCNCEH k`\ tits C, 1 DORM u .444 ll///rriN a'';L9u i CITI OF CLEARWATF 11, 11DRIDA PUBLIC WORKS ADMINISTRATION ?? .$? l:tac;IN1:F:Rwa MEADOW °:I i. r.F''Hnrf.•: --T , • `•'?eL tr;W ? 'til ?t? ?,tp' 1.??, .r f r? 1 .1 '. t , LANE BEVERLY CIRCLE _ N. F. T . 1 1. Y 1 ;.?='7?'tnMM,,i?.+r. ?..,?k{/? ".. .:f.`s:'.?.,... ...,,? L,'JSi.?I•rq•?`•a?1` 1246 •li? // u'h ..Yf 4?f .? 1`.? 11?. .?..1 •!?`? •f 'f' _ 4?? i li ? fi: 1.!iy? -ta':.1,•- ?:+?; .!' Sr C1t+?ftl a?,?'l lt?!• .. Ea?.y?: ??j?.. ! I?•;iC ?' sr 1'??, •' a ?p:''?'!}K',i 1.+:. . ,?,4i?.;,.•1. ,?+y. ,ir:r,.?r'+. ,.? w 00 HA) W F, 4 r },5 1 -3' .3 •tt ?J 7 J0) 12 H elS? t?.%a• ? C c ? ? i M 'IT BRENTWOOD 1U CC :1?1?at S`i sir cQF ti 5 n 11 ?tE4', " h 1 1.. 7 22 rr'? W Ca x O O D" m 60 ROAD CLFARWATER 112 1? 9t1 9't 123114 113 12sC cia 114 z r2.r r FA z 121 J 115 1;.'?1t Iiv - 120 Zr Gp S r.G0 117 L ? 1t8 I PLUMB PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: Eric M. Zebley & Calista A. Zebley 1 CASE: ANX 01-09-27 SITE: 1262 Brookside Road f PROPERTY S1Z E (ACRES): 0.24 ZONING LAND USE PIN: 24129116140000/00W0120 FROM: R-3/county Remidantlel Low __......_ .. _._- ....., _.._....w.._ _ - TO, LMOR Residential Low ATLAS 308A PAGE! m i 4CL}? L .i H. 0 W. EXISTING ZONING AND LANDUSE PLAN CLASSIFICATION OWNER: Eric M. Zebley & Calls to A. Zebley CASE: ANX 01-09-27 SITE: 1262 Brookside Road PROPERTY SIZE (ACRES): 0.24 ZONING LAND USE PIN: 2412811614800810o01012D FROM: R-3/County nVoldentlal Low TO: LMDR Rssldsntlsl Low ATLAS 308A PAGE: EXISTING SURROUNDING USES OWNER_ & Calista Eric M. Zebley ZebleY A. 01_09 X27 CASE: ANX _ SITE: w 1262 Brookside Road ? PROPERTY _ SIZE (ACRES)_ 0.24 _ _ ZONING LAND USE PIN: 24/20/15/46008100010120 FROM: n-3/County Rouldentlet Low TO: LMDR Rooldentlal Low ATLAS 30DA PAGE: CDB Meeting Date: November 13, 2001 Case No. ANX 01-09-27 -Agenda Item: C 1 CITY OF CLEARWATER PLANNING DEPARTMENT. STAFF REPORT BACKGROUND INFORMATION: OWNERS: Eric,M. Zebley & Calista A. Zebley LOCATION: 1262 Brookside Road, on the west side of Brookside Road, approximately 110 feet north of Lakeview Road. REQUEST. ' -To annex the property into the City of Clearwater at the request of the property'owners and approve the appropriate City land use plan category and zoning district.. SITEINFORMATION: PROPERTY SIZE: 10,258 square feet or 0,24 acres DIMENSIONS OF SITE: 92 feet wide by 112 feet deep PROPERTY USE: Current Use: Existing single family dwelling Proposed Use: Existing single family dwelling PLAN CATEGORY: Current County Plan Category: Residential' Low Proposed City Plan Category: Residential Low' ZONING DISTRICT; Current County Zoning District:' Residential, Single Family District (R-3) Proposed City Zoning District: Low Medium Density Residential (LMDR) EXISTING SURROUNDING USES: North: Single-family West: Single-family East: Single-family South: Single-family ' CDB ANh 01-09-27 November 13, 2001 Page2 ANALYSIS: The applicants are requesting' this, annexation in order to receive City sewerservice. Currently, water service is being provided by Pinellas County and will continue to be provided by the County. This property is contiguous with the existing City boundaries to the north and west of the property; therefore, the proposed annexation is consistent with Florida Statutes with regard to voluntary annexation. The subject site is occupied by an existing single-family detached dwelling and it is proposed that the property have a land ; use plan designation of Residential Low and a zoning category of Low Medium Density Residential (LMDR). A. IMPACT ON CITY SERVICES: Water'and Sewcr: The applicants are currently receiving water from Pinellas County and will continue'to do so. Sewer service will be provided by the City of Clearwater and capacity for the, project is available for this utility. The closest sewer line is located in the right-of-way along Brookside Road. The applicants paid the sewer impact fee of $900.00 on September S, 2001. The applicants arc aware that they are responsible for the additional cost-to extend sewer service 'to the property and for the utility deposit for this existing detached dwelling, Solid Waste: Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal agreement-with Pinellas County to provide for (lie disposal of solid waste at the County's Resource Recovery Plant and capacity is available to serve the property, ,Police: The property is located within `he East Police District and service will be administered through the District 3 Substation, located at 2851 McMullen Booth and County Road 580. There are currently 52 patrol officers and G patrol sergeants assigned to this district. Community policing service will be provided through the City's zone system and officers in the field. The Police Department has stated that it-will be able to serve this property and the annexation will not adversely. affect police service and response time, i 1 LDB'ANX 01-09-27 November 13, 2041 Page-3 Fire and Eineruencv Medical Scrviccs: Fire and emergency medical services will be provided to the' property by Station #48 located at 1700 North Belcher Road. The Fire Department will be al.le to serve this property and the annexation wiil.not adversely affect (ire and EMS service and response tine. In summary, the proposed annexation will not have an adverse effect on public facilities and their level of service. B. CONSISTENCY WITH THE CITY'S COMPREHENSIVE PLAN: The Pinellas County Comprehensive Plan alid the Countywide Plan designates the site as Residential Low.' Tile intent of this designation is to recognize areas where use and, development characteristics are low density residential in nature, Residential uses are tile primary uses in this plan category up to a maximum density of 5 dwelling units per acre. Other permissible uses in the Residential Low plan category include Public/Scilli-Public uses, schools, ancillary non_residential and Recreation/ Open Space uses. The annexation does not propose to change the Residential Low plan category and the proposed use is consistent with the uses and density of this plan category. Further, the annexation promotes infill development as stated in Objective 2.4 of the. Clearwater Future Land Use Plan: Objective - In considering extension of service and facilities, Cieanvater shall actively encourage infili development. In summary, the proposed annexation is consistent with the City's Conlprehcrisive Plan both in the Future Land Use Map and the goals and policies of the Plan. C. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY' DEVELOMENT CODE AND CITY REGULATIONS: As. stated earlier, the application for annexation involves an existing single-family, detached dwelling. The property is 92 feet in width and 10,258 square feet in lot area. Tile appropriate zoning district under the Community Development Code is the Low Medium Density Residential (LMDR) District. Under file current LMDR zoning district provisions, a minimum lot width of 50 feet and a minimum lot area of 5,000 square feet are required. i CDD ANX 01-09-27 November 13, 2001 Page 4 The subject property. exceeds the minimum dimensional requirements of a standard development in the LMDR district and is therefore consistent with the Community Development Code. D. CONSISTENCY WITH THE COUNTYWIDE PLAN: There is no change; requested in the Comprehensive Plan category of the site, which= will remain Residential Low with a maximum density of 5 units per. acre. However, this annexation requires a review by the Pinellas Planning Council (PPC) and Pinellas County ; pursuant to the Pinellas ' County charter amendment -approved by referendum oil' November 7, 2000. The PPC and County staff have reviewed this. annexation and have no objections. i F r E. CONSISTENCY WITH FLORIDA LAW: Florida Statutes require that a proposed annexation be both contiguous with the existing municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). f This property is contiguous with the existing City boundaries to the north and west of the property and represents a logical extension of the existing boundaries. The compactness standard of Florida law requires, that the annexation does not create an enclave or a serpentine pattern of municipal boundaries. The annexation of this property is consistent with this standard and no new enclave will be created by annexation of this property. In summary, the annexation of this property is consistent with Florida law. F, CODE ENFORCEMENT ANALYSIS: There are no current code enforcement violations or any code enforcement history on this ' site. SUMMARY FIND RECOMAIENDA,rIONS: The proposed annexation can be served by City of Clearwater services, including sewer, solid waste, police; fire and emergency medical services without any adverse effect on ' the service level, The applicants have paid the applicable sewer impact fee of $900,00 and are also aware of the additional cost to connect the property to the'.City sewer system. i CDB ANX 01-09-27 November 13, 2001 Page 5 The proposed annexation and existing use are consistent with boil! the City's Comprehensive Plan and the Countywide Plan both with regard to the Future Land Use Map .as well ' as goals and policies. The existing and future use of this.site as a single family home is consistent with the • LMDR zoning district. Finally,' the proposed annexation is consistent with Florida law regarding municipal annexation through' its adjacency with existing City boinidaries and is compact in concentration. Based on the above analysis, the Pianning Department recommends the following actions on the request: Recommend APPROVAL of the annexation of the property located. at 1.262 Brookside, Road'. Recommend APPROVAL of the Residential Low plan category pursuant to the City's., Comprehensive Plan. Recommend APPROVAL of the, L'ow' Medium Density, Residential (LMDR)' zoning district pursuant to the City's Community,Development Code. Prepared by: r f y Etim S. Udoh :. . Senior Planner Att;ieltments Application ' Aerial Photograph of Site and Vicinity Location Map Land Use. Map Surroutiding Uses Map Zoning Atlas Clearwater City Commission Work session Item #, Agenda Cover Memorandum Final Agenda Item # Meeting Date: j.2 /31(11 SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate portions of the street rights-of-way of Ewing Avenue, Park Street and Prospect Avenue as described in Exhibit "A" of the proposed ordinance and pass Ordinance Number 6834-01 on first reading, subject to the developer of the Mediterranean Village on the Pond obtaining approval of a development agreement for the project from the City Commission within six months of the effective date of this ordinance (V2001- 16 City of Clearwater), Q and that the appropriate officials be authorized to execute same. SUMMARY: • The vacation request is to enable the redevelopment project known as "Mediterranean Village on the Pond" and the City's Town Pond Rehabilitation Project. • Public Works Administration has no objections to the vacation request subject. to the condition that the developer of the Mediterranean Village on the Green obtain an approved development agreement from the City Commission within six months of the. effective date of the vacation ordinance. • Florida Power, Time Warner, Verizon and Verizon Media Ventures, Inc, have no objection to the vacation request. • The City, of. Clearwater currently has water, gas, sanitary sewer and storm water facilities in the street right-of- way portions proposed to be vacated. • Clearwater Gas has facilities in the area and supports the vacation request provided that an easement is placed over their existing facilities. Reviewed by: Originating Dept- Costs N/A Legal Info 5rvc NIA Public Works Admin stratia Total Steve Doherty Budget N/A Public Works User Dept. Funding Source: . Purchasing N/A DCM/ACM. NIA Current FY CI Rfsk Mgmt NIA Other Attachments OP Ord. No. 683401 Other Submitted by, City Manager - location Map Code: o riatio A p i ?JW p p r n printwd nn rrrvclad naner VACATION 2001.16 City of Cleirwater r ORDINANCE NO. 6834-01' AN , ORDINANCE OF THE CITY-OF- CLEARWATER, FLORIDA, TO. VACATE FOUR STREET RIGHT-OF-WAY PORTIONS: PARCEL A-1 (A PORTION OF THE RIGHT-OF- :WAY OF PROSPECT AVENUE), PARCEL A-2 (A PORTION OF 'THE RIGHT-OF-WAY OF PROSPECT' AVENUE,' PARCEL A-3 (A PORTION OF THE RIGHT-OF-WAY OF PROSPECT AVENUE, AND PARCEL A-4' (A PORTION OF THE RIGHT-OF-WAY OF PARK STREET; PROVIDING AN EFFECTIVE DATE. WHEREAS,' City of Clearwater, owner of real property located. in the City of Clearwater, has requested that the City vacate the right-of-way depicted in Schedule A F attached hereto; and WHEREAS, the City Commission finds that said right-of-way is not necessary for municipal use and it is deemed 'to be to the best interest of the City and the general public that the same be vacated; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following: See attached Exhibit A ' is hereby vacated, closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The developer shall obtain a development agreement within six (6) months of the effective date of this Vacation Ordinance or the vacation will be rendered null and of no effect. Section 3. The City Clerk shall record this ordinance in the public records, of ,Pinellas County, Florida, following adoption. ' Section 4.. This ordinance shall take effect, immediately upon adoption'. Ordinance No, 6834-01 NORTH Scale 1" _ 1320' r Location Map CI?YOF CLEAR I?A?F-'R RIGHT OF WAY I so ?3 x W MM STI S LINE TABLE LINE LENGTH ' FEARING L22 107.14 N00-17'56"W L23 14.49 EAST L24 14.33 . WEST ¦. EXHIBIT "A" This Is not c survey tll? C Denotes Right Of Way. To Be Vacated L23. z T; BLOCK 1 . ' O - ;0 < f P.B. 1. M 70 0 J p= L24 f 0 0) • P-0.8. PARCEL A-1 r 1r 13 I LOT 12 I LOT 11 (. LOT 10 LOT Q N < LOT 20 P.O.-C. SE: CORNER OF 'LOT 9, I BLOCKI I, MAGN&IA PARK a . (n I I a PARK STREET OT 7 I CITY OF CLSA.M= FLORIDA PARCEL A--1 PUBLIC WORM ADWNMMTION Scale: 1'-50' ?rc>t ?? ENaWEERiPIC REV'11/19/01. { t LINE TABLE LINE LENGTH BEADING L17 44.04 N00'1 7'56"W L15 1.05 S81-18'37"W L19 46.67 N08'41'23"W L20 7.93 N81'18'37"E L21 47.17 S00'17'56"E EXHIBIT "A" This is. apt a survey ' Denotes Right Of Way To Be Vacated P . U. B . PARCEL A-2 'MAGNOLIA PARK- • P.B, 11 P0. 70 I k BLOC( 2 L20 r N P.O.C. $W CORNER OF LO-r 200 (D -? BLOCK 2, MAGNOLIA PARK LOT I? Q LOT 120 LOT 18 Lot iR LOT 17 ! LOT 15 w Ll5 r p ate.. PARK STREET LOT 1 tOT 2 PARCEL-A-2 , 'MACH `Scale: 1'=50' P•a•a CCL'Y OF CL.ta WATM FLORIDA r PU13UC NOFM ADMIRSTRATION REV 11 /20/01 . ?tna ? £NGiNEERING . LINE TABLE UNE LENGTH BEARING Ll 8.16 S00'1756"E L2 21.42 S89'42'04"`N O 8.25 N00'02'a8"W L 21.39 N89'57'12*E L5 47.17 S40'17'56"E v EXHIBIT „A„ This is not o Survey Denotes Right Of Way To Be Vacated .? I I I I I I ?I I. ! ?... ,.? ? # Yr 11 I w t f to ! . I 6R r I i Lord ?? u i I I? I I ! I' I I , PARK STREET Q PAC, PARCE? Aw3 Ewa j W4 vr, 1 r I %a LOT t. r' a"*" Nor , law.. W CORNER - OF r, n ?•-- 6lOgC 3?i?Af VOtlA PARK _ . , y .. ? ..`?'. _ ...?... _ .. ...? .. . _ .. . (..._ _.._.. r.._..._. U _ ??.._.._.._.._..?..._.. ?..?.._. ti..?+...?s.......?.?... _.._.. _.._... .._. iJ7.?. ti 0 W1 UN S le 0" h? ..._.._........ .._.._.. _...?...«. r_... .. _.. _.. _.._.._ ...._.. urn Q urr M IN _.._...._.._....?..._ .._ ?..?... _......_.._......_.. Z _..; nw,nrnOR t Lot r w _, .. _ .. r s i ur? s w ;iE rrwIF Lot ?r M .. _ .. _ . ?. ...? ......... .. _ .. . _ .....?... ?.... _ .. _ .. _ .. .. .. _ .. _ .. _ .. . WI r uR WIN PIERCE STREET e$m- CCITY Ot CLEARRAnR FWWA Scale_ 1'=100' AUBUC. WORKS ADIQN MATION REV 11 /20/01 ENGINEEMG LINE TABLE LINE LENGTH BEARING L1 8.16 S00417056E L2 21.42 S89'42'04"W L3 8.25 N00`02'48"w L4 21.39 N89'57'12"E EXHIBIT "A" This is not a survey Denotes Right Of Way To Be Vacated ! ! I I i i ! I I I I 1 I I ?4r?x I+r' . i 1 I ! ?i ?"' I I II k ? i I { I ! i WAS ! r.r 'I ul. I rrv I ur. ( iwr I u?r ( urr I 1 ! 1 I I ! PARK STREET I ? Ir . ? o.r M j. 1 I I Lff a mom 1- LW I Y p,. Was w4 7 PARCEL A-4 CITY OF CIZARiTATER. FL.ORLDA PUBLIC WORKS ADMINISTRATION tpe :?`? ENGUMERING I I ! d z W PIERCE STREET L4 rz u r r .rte a P.O.B. PARCEL, A-4 SE CORNEA OF LOT 11. BLOCK Z MAGNOUA PARK %m .IM 1r.umlf ..womb ti%mm mama 7--T _ LN I M MMn 1M REV 11 /20/01 Clearwater City Commission Work session Item #: • 'w Agenda Cover Memorandum Final Agenda Item /C Meeting Elate; 12/13101 SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the West 5 feet of the drainage and utility easement lying along the East property line of Lot 48, Cypress Bend of Countryside, Unit 1, (AKA 2661 Winding Woods Lane), as recorded in Plat Book 76, Page 10 of the Official Records of Pinellas County, Florida, less the South 5 feet and the North 5 feet thereof and pass ordinance Number 6919-02 on first reading, (V2001-25 Malkasian), 19 and that the appropriate officials be authorized to execute same. SUMMARY:, • The applicant is requesting the vacation in.order to construct a deck around a proposed in ground swimming pool behind the existing single-family home. The City of Clearwater has no utilities in the subject easement. • Florida Power, Time Warner Communications, Verizo' Media Ventures and Verizon have no objections, to the vacation requested. Pubic Works Administration has no objections to the vacation request. Reviewed by: Originating Dept: Costs NIA Legal Info Srvc NIA Public Works Total Administration Steve Doherty Budget NIA Public Works 7j:Zq7 User Dept. Funding Source: Purchasing NIA OCMIACM NIA Current FY. CI Risk Mgmt NIA Other Attachments OP Ord. 8919-02 Other Submitted by: Location Map City Manager Appropriation Code: Printed an recvcled naoer VACATION 2001.26 Malkasian s ORDINANCE NO, 6919-02 AN ORDINANCE OF ' THE CITY OF CLEARWATER, FLORIDA, VACATING THE WEST 5 FEET OF THE DRAINAGE AND UTILITY EASEMENT LYING ALONG THE EAST PROPERTY LINE OF LOT 48, CYPRESS BEND OF COUNTRYSIDE, UNIT 1, LESS THE SOUTH 5 FEET AND THE NORTH 5 FEET THEREOF; PROVIDING AN EFFECTIVE DATE. WHEREAS, Erick Malkasian, owner of real property located in the City of Clearwater, has requested that the City vacate the drainage and utility easement depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said easement is not necessary €or 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: West 5 feet of the drainage and utility easement lying along the East property line of Lot 48, Cypress Bend of Countryside, Unit I, as recorded in Plat Book 76, Page 10 of the Official Records of Pinellas Country, Florida, less the South 5 feet and the North 5 feet thereof is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as described above to the owner of the servient estate 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 Brian J. Aungst Mayor-Commissioner. Approved as to form: Attest: VeC.. Hayman Cynthia E. Goudeau ssistant City Attorney City Clerk Ordinance No. 6919.02 EXHIBIT „A. scale 1 " - 50 This is a o t c 'survey COTTONWOOD COURT ° VGCGtlon Requested ,By Appl cGn t d. 47 / 46 45 z )4g o y 49 U 00 J CITY OF CLEARWATER, FLORIDA co Q PUBLIC WORKS ADMINISTRATION ENGINEERING o K1NC VACATION REQUEST VADC20"T 50 Pao=By AIALKASIAN II as 2661, VANDING WOOD DRIVC_ --2 Of °?? ` 11/0/2aa1 CYPRESS BEND of COUNTRYSIDE 20-25S-IBE i \? 222A UNIT 1, LOT 48 (PB 76 Pg 10) eon v` a 1 Location Map Affil KASI.,1W NORTH 26Gy wyNDING IFY'OOD DATvE Scale 1"= 120' CAM AV ? j / ?(V Kb"• @. /f//j//?/? i 'TT 111 $ n --?-- `? x wt:E DR N 6 ? t HAVERHLL OR ARK_s G iwtt+? b Nnth OxA RUH C, an Cl rr G st?tTasr i"= or DEM CP wd 4th AVE N SUNSIitfJW 4y?1' TMA1T AVE 4? N /((???JE 1 ? ((!!?1 TndAVE N PRO PCRSAN I7 Mill y J a?w w V u 2ND A%C S ??~-FR41+O?SCa11 -DRS, ntM AVE S rovA N Ate 5 nr? "" wAr ? ? , ?.. ...._ -- OR -PR-MCG ~" __ CT N IANCCRY ^ _ a 'EAU-M- kZ ` YCCGRMCK DR Q8? 41tN AI N CT V 1 Alt W Im AUNN Ct+d PI S ?AVE ASRAND %VD q d 0 ?L n Of n D_/uc NXLRD CD D?DAlC VEJ? uuASZ4? i? V l ? .iwres u N ?0? 5 p i 11AY T ?x s .St l M Clearwater City Commission Agenda Cover Memorandum Worksession Item #: Final Agenda Item # PC D,3 Meeting Date. 12-13-01 SUBJECTIRECOMMEN DATION: Land Use Plan Amendment and Rezoning for property at 807 Jeffords Street (Lot 7, Block 3, Milton Park Subdivision in Section 21, Township 29 South, Range 15 East); Owners: Edsel D. Hargis and Vicki A. Hargis MOTION: APPROVE a Land Use Plan Amendment from Residential/Office General (R/OG) Category to Residential Urban Category, and a Zoning Atlas Amendment from the Office (O) Zoning District to the Medium Density Residential (MDR) Zoning District for 807 Jeffords Street (Lot 7, Block 3, Milton Park Subdivision in Section 21, Township 29 South, Range 15 East), and PASS Ordinances #6913-02 and #6914-02 on first reading. (LUZ 01-09-07) lz? and that the a ro riate officials be authorized to execute same. SUMMARY: This site is located on the south side of Jeffords Street, approximately 110 feet east of Myrtle Avenue and 150 feet north of Grand Central Street. The subject site is approximately 0.17 acres in area and is currently developed with a 702 square foot single-family detached dwelling which is located in an Office zoning district. The Office District does not permit single-family dwellings, therefore, this property is a non-conforming use. The applicants propose to construct a 700 square foot addition to the existing house to bring the size of the home up to the average size of homes currently located on Jeffords Street. Because this, is a nonconforming use, this single-family dwelling may not be expanded 'under the current zoning category. The applicants are proposing to amend the Future Land Use Plan designation of this property from Residential/Office General (RO/G) to Residential Urban (RU) and to rezone this property from Office (O) to Medium Density Residential (MDR) district to render this site conforming. The proposed land use plan amendment constitutes a small scale amendment pursuant to Florida Statues 163.3187(ill)(f), as the proposed amendment involves a residential land use with a density of 10 units or less per acre. The Pinellas Planning Council (PPC) will review the land use plan amendment as a Level 1-Type A sub-threshold amendment. The proposed amendment is compatible with the existing uses in the area. The immediate surrounding properties are predominately residential. The proposed rezoning and land use plan amendment will enhance the redevelopment of this site which will result in increasing property values and attractiveness of the area. The amendment is consistent with and furthers the goals, policies and objectives of the Community Development Code to promote infill development. The Planning Department determined that the proposed land use plan amendment and rezoning are consistent with the following standards specified in the Community Development Code: Reviewed by: originating Dept.: Costs Legal Info Srvc NIA PLANNING DEP MENT Total NIA 1 ? ETiM S. UDON Budget . _NIA Public Works NIA _ -User Dept.: Funding Source: Purchasing NIA DCM/ACM Long Range Planning Current NIA CI FY Risk Mgmt NIA Other Attachments: CAP ORDINANCES NO. 6913-02 & 6914.02 STAFF REPORT Other [Submitted by: Appropriation Code: City Manager 0 None printed on rocvcled naaer 4 ' ORDINANCE NO, 6913-02 AN ; ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT. OF THE' COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE OF JEFFORDS STREET, APPROXIMATELY -110 FEET EAST OF MYRTLE AVENUE AND 150 FEET NORTH OF GRAND CENTRAL STREET, CONSISTING OF LOT 7, BLOCK 3, MILTON PARK SUBDIVISION, TOGETHER WITH THE NORTH % OF THE VACATED ALLEY ADJOINING TO THE SOUTH BOUNDARY LINES OF SAID LOT EXTENDED SOUTH TO THE CENTER OF SAID ALLEY, WHOSE POST OFFICE ADDRESS IS 807 JEFFORDS STREET, . FROM RESIDENTIALIOFFICE GENERAL TO RESIDENTIAL URBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment Jo the future land use plan element of the comprehensive plan of'the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF 'THE CITY OF CLEARWATER, FLORIDA: Section 1. The'future land use plan element of the comprehensive plan,of the City of Clearwater is amended by ,designating the land use category for the hereinafter described property as follows: Property Land Use Category Lot 7,. Block 3, Milton Park, according to map From: Residential/Office General Or plat thereof recorded in Plat Book 1, Page fag, Public Records of Pinellas County, Florida, To: Residential Urban together with the north Y2 of the vacated alley adjoining to the south boundary lines of said lot extended south to the center of said alley (LUZ 01-09-07) Section 2., The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to the approval of the land use designation by the Pinellas County Beard of County Commissioners, and subject to a determination by the State of Florida, as appropriate, ' of compliance ' with the applicable requirements of - the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Administrator of Planning and Development Services is authorized to'transmit to the Pinellas County Planning Council an applicatirn to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Ordinance No. 6913.02 t r 2 Ordinance No. 6913-02 I . 1 1 ' V R ? ? w 1 ' t i ORANO CENTRAL AVENUE OG Y R 1 V. , PINELLAS STREET ? W 144 1 TUSKAVILLA ' > plt AVENUE r v on ; m ; w . INS ' f --- 11a LAKEVIEW LAKE BELLEVIEW R/ac ............. f CG t 1 1 l ST. , f ' , Rb! INS , ' , ' 1 ' K , I it t 1 1 I?r • 1 1 ? R/OS -- ---- SO UTH STRE ET M L7 x R/OS '- o -- -C ° u CI 3 COUNTYWIDE FUTURE LAND USE PLAN MAP j OWNER: Edsel D. Hargis and Vicki A. Hargis CASE LUZ 01-09-07 SITE: 807 Jeffords Street T PROPERTY SIZE (ACRES): 0.17 ZONING a LA140 USE AnsidentiellOflice General PIN: 21120115/5806011503/0070 FROM. TO. Mon Residential Urban ' PALGAS 300A E Ordinance No. 6913-'02 ORDINANCE NO. 691402 AN 'ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING 'THE ZONING ATLAS OF THE CITY' BY REZONING CERTAIN PROPERTY LOCATED ON THE SOUTH SIDE OF 'JEFFORDS STREET, APPROXIMATELY . 110 FEET EAST OF MYRTLE AVENUE AND 150 FEET NORTH OF GRAND CENTRAL STREET, CONSISTING OF 'LOT, 7, BLOCK 3, MILTON PARK, TOGETHER WITH THE NORTH ONE-HALF OF THE VACATED ALLEY ADJOINING TO THE SOUTH BOUNDARY LINES OF SAID LOT EXTENDED SOUTH TO THE CENTER OF SAID ALLEY, 'WHOSE POST OFFICE ADDRESS IS 807 JEFFORDS STREET, FROM OFFICE (O) TO MEDIUM DENSITY RESIDENTIAL (MDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the zoning atlas of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: I , I . i Section 1. The following described property in Clearwater, Florida, Is hereby rezoned, and the zoning atlas 'of the City is amended as follows: Prime Zoning Dis#rict Lot 7, -Block 3, Milton Park, according to map From: Office (O) # Or plat thereof recorded in Plat Book 1, Page 69, Public Records of Pinellas County, Florida, ' To: Medium Density Residential together with the north '!x of the vacated alley (MDR) adjoining to the south boundary lines of said lot extended south to the center of said alley (LUZ 01-09.07) 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, subject to the approval of the land use designation set forth in Ordinance 691302 by the Pinellas County Board of County Commissioners, and subject to a determination by the State-of Florida, as appropriate, of compliance with the applicable requirements of the Local Govemment Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes PASSED ON FIRST READING f ' I Ordinance No. 6914-02 CDB Meeting Date: November 13, 21701 Case No.: LUL 01 ' 09-07 Agenda Item: C2 ; CITY OF CLEARWATER PLANNING DEPARTMENT STAFF REPORT BACKGROUND INFORMATION: OWNERS: Edsel D. Hargis and Vicki A. Hargis LOCA'T'ION: ' 807 Jcffords Street Generally loeated on, 'tlie south of Jeffocds Street, approximately,110 feet east of Myrtle Avenue. LEGAL DESCRIPTION: Legally described as Lot 7, Block 3, Milton Park ' Subdivision. PIN'-., 21/29/15/58068100310070 REQUEST: To amend the Comprehensive Plan's Future Land Use Map from Residential/Office General (RIOG) to Residential ! Urban (RU), and To rezone from the Office (O), district to the Medium Density Residential (MDR) district SITE INFORMATION: PROPERTY SIZE: 7,493 square feet or 0.17 acres i DIMENSIONS OF SITE: ' 55.5 feet frontage by 135 feet, m.o.l. PROPERTY USE: Current Use:'. Single-family residential Proposed Use: Single-family residential PLAN CATEGORY: Current Category:' Residential./Office General Proposed Category: Residential Urban ' 1 - _ 1 .. +•. ,, .. fit' " . ' t CDB LUZ 01-09-07 November 13, 2001 Pttge 2 ZONING DISTRIC'I': Current District: Office (O). Proposed District: Medium Density Residential (MDR} EXISTING SURROUNDING USES: North: Office isingle family residential South: Multi-family residential East: ? Single family residential West: Office ANALYSIS Introduction The subject site. is located in the Office (O) zoning district and is occupied by a 702 square foot single-family detached dwelling. The Office (O) district,does not permit single- family dwellings, therefore, this property is a .non-conforming use. The applicants would like to construct a 700 squareToot addition to the existing house to bring the size of the home up to the average size of homes currently located on Jeffords Street. Because this is a nonconforming use, this single family dwelling may not be expanded. The applicant is proposing to amend the Future Land Use Plan designation of this property from Residential/Office General (ROIG) to Residential Urban (RU) and to rezone this property from Office (O) to'Medium Density Residential (MDR) district, The-proposed amendment and rezoning would render this site conforming. The proposed land use plan amendment constitutes a small scale amendment, pursuant to Florida Statues 163.3187(I11)f, as the proposed amendment involves a residential land use and the residential use has a density of 10 units or less per acre. The Pinellas Planning Council (PPC) will review ' the land use plan amendment as a Level- 1-Type A sub- tlireshold amendment. A. CONSISTENCY WITH CITY'S COMPREHENSIVE PLAN [Section 4-602(17)(1)& Section 4-603(F)(1)& (2)] The amendment promotes infill development as stated in the following clauses from the Future Land Use Needs Summary of the Clearwater Comprehensive Plan: CDB LUZ 01-09-07, "November 13, 2001 Page 3 • Vacant developable land in Clearwater has-been reduced from approximately 1,034 acres in 1989, to approximately 600 acres in 1996. Most of these parcels are less thanone acre in size. Infill development, urban conservation, and urban renewal strategies will continue to be predominate in implementing Clearwater's plan. ?..l' Objective - The City of Clearwater shall continue to support innovative planned development and mixed land use development techniques in order to promote infill development that is consistent and compatible with the surrounding environment.. 2.4 Objective - Compact urban development within the urban service area shall be promoted through application of the Clearwater Community Development Code. 3. Goal, -" A suflicieiit variety and amount of future land use categories shall be E provided to accommodate public demand and promote infill development. T1ie proposed plan amendment is not-in conflict with any Clearwater Comprehensive Plan Goals, Objectives or Policies, and is consistent with the Clearwater Comprehensive Plan. i ' B. CONSISTENCY WITH COUNTYWIDE PLAN Applicable regulations from the Countywide Plan are as follows: 2.3.3.1.5 Residential Urban (RU) P, ubose - It is the purpose of this category to depict those areas of the County that' are now developed, or appropriate to be developed, in an urban low density residential. nianner; and to recognize such areas as primarily well suited for residential uses that are 'consistent with the urban'qualities and natural resource characteristics of such areas, Locational Characteristics - This category is generally appropriate to locations removed from, but in close proximity to urban activity centers, in areas where use and development characteristics are urban residential in nature; and in areas serving as a transition between more suburban and more urban residential areas. 'Tliesc areas are gencrally.served by and accessed from minor and collector roadways , which connect to the arterial and thoroughfare highway-network. The proposed use of the property is consistent with the RU category in that the project will be limited to residential, use; in addition, the site's location between the active S. Myrtle corridor on the west aiid the residential area to the east provides an appropriate transition of uses. ' CDB LUZ 01-09-0 J :.. November 13, 2001 Page 4 ,. C. COMPATIBILITY WITH SURROUNDING PROPERTY/CHARACTER OF THE CITY & NEIGHBORHOOD [Section 4-6,02(F)(2)& 4-603 (F)(3)j Jeffords Street Corridor The Jeffords Street corridor between Myrtle Avenue and South Ewing Avenue is characterized primarily,by residential uses except for offices'at the intersection ofJeffords 1' _ • Street and Myrtle Avenue. The Countywide Future Land Use Plan has designated land uses in the surrounding area as Residential/Office 'General, Residential Urban , and Commercial General. The Residential/Office General and Residential Urban are the predominant land use plan designations in this area and they are evenly split between the west and east of the subject property. 1;4 Immediate Surrounding Area '. The Future Land Use Plan (FLUP) for the immediate surrounding area along the cast side of South Myrtle Avenue is Institutional, Residential/Office General and Residential Urban The Residential/Office General plan category extends to the north and west of the, subject property. The proposed Residential Urban on the subject site . will be approximately 110 feet cast of South Myrtle Avenue. The existing surrounding uses include single-family residential to the east, multi-family residential to the south, medical office to the west and office and single-family residential homes to the north. The proposed Future Land Use designation and rezoning is in character with the overall FLUP designation along this block and compatible with surrounding uses. D. SUFFICIENCY OF PUBLIC FACILITIES 5 Roadways The subject site is approximately 0.17 acres in size and would allow two (2) single-family dwellings units based on a maximum density of 15 dwelling units per acre in the current Residential/Office General Plan category. Current' uses allowed in the Office zoning ` district include offices, schools, medical clinics, community residential homes, nursing ' homes, places of worship, restaurant, retail sales, T.V./ radio stations, and veterinary offices. .. -Al 'CDB LUZ 01-09-07 November 13,,2001 Page 5 Based. on- the ITE Trip Generation Manual, the average daily trips generated by the existing Office (O) zoning district is 92 trips. The proposed Medium Density Residential (MDR) zoning will generate a maximum of 21 daily trips based on a density of 15 units- per acre resulting.in a net decrease of 71 trips. Based on the' Countywide Plan standard for the purpose of calculating typical traffic impacts relative to plan amendments, a total of 29 trips per acre per day will result from the existing Residential/Offce'General plan category. the. proposed Residential Urban plan category could generate a total of 12 trips if two residential dwellings were placed on the property. The site is not proposed to be developed as two residential units, but to expand upon an existing single-family home. The 2001 Transportation Level of Service manual from the Pinellas County Metropolitan, Planning Organization assigned the' Myrtle Avenue segment from Lakeview Road to .Druid Road 'a level of service (LOS)' D. Due to the small size of the site' and the actual decrease 'in traffic, no negative impacts are projected, to result from the proposed amendment on South Myrtle Avenue. The level-of-service (LOS) for Myrtle Avenue will I not be'degraded by the proposed land use amendment and rezoning. t MAXIMUM POTENTIAL TRAFFIC Sout=h. Myrtle Avenue Current Existing Proposed PPC Situation Zoning Zoning Guidelines Maximum Daily Added Potential Trips NIA 92 -21 1,2 Maximiun PM Peak Hour Added Potential Trips NIA 1 l * 14 1* Volume of S. Myrtle Ave from Lakeview to Druid ' 6,765 6,857 6,786 6,777 LOS of S. Myrtle Ave. from Lakeview to Druid D D D D NIA Not Applicable LOS = Level-of-Service * = City Calculation of 12,5%, Source: ITE Trip Generation Uanual, 61h Er., 1997 Pinellas County Transportation Impact Fee Ordinance Pinellas'County MPO Level of Service 2000 ""The Rules" of the Countywide Future Land Use Plan ; Mess Transit The Citywide LOS for mass transit will not be affected by the proposed plan amendment. The total miles of fixed route service will not change; the subject site is located within %a .mile of an existing transit route; and headways are less' than or equal to one hour. Pinellas Suncoast Transit Authority (PSTA) bus service is available along South Myrtle Avenue and Druid Road. Water, Under the current land use designation and Office zoning district, water consumption rates could approach 750 gallons per day. Under the proposed Residential Urban lend use plan designation and MDR zoning district, water demand-could approach approximately, 250 gallons per day. Water demand will experience a net decrease of 500 gallons per day, therefore the land use plan amendment and rezoning will not negatively affect the City's current LOS for water. Wastewater Under the current land use plan designation and Office zoning district, sanitary sewage flow rates could approach 600 gallons, per day,, Under the proposed Residential Urban land use. designation and MDR zoning district, wastewater demand could approach 200 gallons per day. The proposed amendments will decrease impacts on the City's wastewater system and will not negatively impact the City's current LOS. Solid Waste The current Office zoning could result in 7.6 tons of solid waste per year. Under the proposed Residential Urban land use plan designation and MDR zoning district, 3 tons of solid waste could be generated per year. The proposed amendment will not adversely affect the City's current LOS for solid waste disposal since there is excess capacity. Recreation and Open Space The proposed land use amendment and rezoning will not impact the LOS of recreational . acreage or facilities due to the fact that this has been an existing single family residential home and the use will not change. E. IMPACT ON NATURAL ENVIRONMENT [Section 4-603(F)(5)] The site is not located within an environmentally sensitive area and the proposed land use. amendment will not have a negative impact on the natural environment. I l CDB LUZ 01-09-07 November 13, 2001 Page 7 F. LOCATION OF DISTRICT BOUNDARIES [Section 4-602 (F)(6)] The location of the proposed Residential Urban boundaries are logical and an appropriate classification between single family residential uses to the north and cast and multi-family uses oil the south. side of Jeffdrds Street. The ownership lines are appropriately drawn with regard to ownership lines. F. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY, DEVELOPMENT CODE AND CITY REGULATIONS [Section 2-1201.1. & 4-602(F)(1) and (2)] Existing vs. Proposed Regulations - Maximum Development Potential Floor Area Ratio Impervious Surface r F.A.R. Ratio I.S.R. Existing Office Zoning 0.40 0.65 Proposed MDR Zoning 0.50 0.75 ' The, proposed Medium Density Residential (MDR) district permits a F.A.R. of 0.50 and the existing Office (O) district permits a F.A.R. of 0.40, although F.A.R. does not apply to residential development. The i.S.R of the proposed MDR district is more intensive at 0.75 than the existing O district which allows an I.S.R. of 0.65. The lot size of the site is 7,493 square feet, which exceeds the minimum lot area of 5,000 square feet required by the MDR zoning district. Therefore, the entire parcel will meet size requirements of the proposed district and . the existing residential use is permitted in the Medium, Density Residential Zoning district. Approval of,this land use plan amendment and zoning district designation does not guarantee ,the right to develop on the subject property. Transportation concurrency must be met, and the property owner will have to comply with all laws and ordinances in effect at the time development pen'nits are requested. The existing and proposed use of this property is consistent with the Medium Density Residential zoning district regulations. • 1 r 1 ' , , , , 1 r ° r 1? •r ' r r CDB LUZ 01-09-07 November.13, 2001 Page 8 SUMMARY AND RECOMMENDATIONS: An amendment , to the Future Land Use Plan from Residential/Office General to Residential Urban and a rezoning from Of c'c (O) zoning district to the Medium Density Residential -(MDR) zoning district for the subject property is necessary to bring this, . existing non-conforming residential use into conformity with the Community Development Code, The proposed amendment is compatible with the existing uses in the area. The immediate surrounding properties are predominately residential. The proposed rezoning r and. land use plan amendment will enhance the redevelopment of this site which will result in increasing property values and attractiveness of the area. The amendment is consistent with and 'furthers the goals, policies and objectives of the Coriumnity Development Code to promote infill development. r rr I Finally, the' proposed Residential Urban (RU) Future Land Use classification and the 'Medium Density Residential (MDR)- zoning district is consistent with both the City and the Countywide Comprehensive Plans, is compatible with the surrounding. area, doe's not affect the provision of public services, is compatible with the natural environment and is consistent with the development regulations of the City. ., The Planning Department recommends APPROVAL of (lie following actions on this application: 1. ' Amend . the Future Land Use Plan designations of. the subject site from Residential/Office General to Residential Urban; and 2. Amend the zoning district designation of the subject site from Office (0) to Medium Density Residential (MDR). r r Prepared by: Etim S. Udoli, Senior Planner Attachments: Application Location Map Aerial Photograph of Site & Vicinity Existing Zoning Atlas '& Land Use Plan Classification Proposed Rezoning and Land Use Plan Amendment ORDINANCE NO. 6839-01 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, VACATING THE 15-FOOT ALLEY LOCATED ADJACENT TO, THE EAST PROPERTY LINES OF LOTS 6 THROUGH. 10, OF COURT SQUARE SUBDIVISION; THE 15-FOOT ALLEY LYING ADJACENT TO THE, NORTH PROPERTY LINES OF LOTS 11 THROUGH 14, OF SAID COURT SQUARE SUBDIVISION; THE 15-FOOT ALLEY LYING ADJACENT TO THE NORTH PROPERTY LINES OF LOTS 9 THROUGH 16, BLOCK 12, OF SAID COURT SQUARE SUBDIVISION; VACATING THE 3-FOOT UTILITY EASEMENT LOCATED ADJACENT- TO, THE WEST PROPERTY LINE OF LOT 1; BLOCK 12, OF MAGNOLIA PARK SUBDIVISION, INCLUDING THAT PORTION OF THE UTILITY EASEMENT WHICH EXTENDS SOUTH TO THE NORTHWEST CORNER OF LOT 16, BLOCK 12, OF SAID COURT SQUARE SUBDIVISION; AND VACATING THE TRIANGULAR RIGHT-OF-WAY EASEMENT LOCATED AT THE NORTHWEST CORNER OF LOT. 16, BLOCK 12, OF SAID COURT SQUARE SUBDIVISION; PROVIDING AN, k, EFFECTIVE DATE. WHEREAS, Church of. Scientology Religious Trust, owner of. real property adjoining the alleys described herein, has requested that the City vacate the alleys, utility easement and right-of-way easement depicted in Exhibit A attached hereto; and WHEREAS, the City Commission finds that said alleys, utility easement and right- of-way are 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:. see Exhibit "A" Legal Description, attached hereto is hereby vacated; closed and released, and the City of Clearwater releases all of its right, title and interest thereto. Section 2. The City Cleric shall record this ordinance in the public records of 'Pinellas .County, Florida, following adoption. Section 3. This ordinance shall take effect immediately upon adoption, 1 Ordinance No., 6839-01 EXHIBIT "A Legal, Descri Lion Area s proposed to be vacated: (1) 15-foot wide alley shown on plat of COURT SQUARE,' located northerly of Lots 9 through. 16, Block 12, COURT SQUARE, according to the plat thereof recorded in Plat Book 5, Page 53, Public Records of Pinellas County, Florida. (2) 15-foot wide alley shown on plat of COURT SQUARE, located northerly of Lots .11 through 14,' COURT SQUARE, according to plat thereof recorded in Plat Book 5, Page 53, Public Records of Pinellas County, Florida. (3) 15-foot wide alley shown on plat of COURT SQUARE; located westerly of Lots 1 I through 5 and easterly of Lots 6 through 10, COURT SQUARE, according -to plat thereof recorded in Plat Book 5, Page 53, Public Records of Pinellas County, Florida. i.. (4) Right-of-way easement in favor of City of Clearwater, granted in O.R. Book 5223, Page, 1487, Public Records of Pinellas County, Florida, over the following property: From the Northwest corner of Lot 16, Block 12, Court Square, as recorded in Plat Book 5, Page 53, of the Public Records of Pinellas County, Florida, for a point of beginning; thence Easterly along the North line of said Lot 16, 12;0 feet to a point,, said point being Point A for reference; thence return to the P.O.B.; thence Southwesterly along the West line of said Lot 16, 4.0 feet; thence Northeasterly to Point A. (5) 3-foot utility easement in favor of City of Clearwater, granted by resolution in O.R. Book 6663, Page 202, of.the Public Records of Pinellas County, Florida, over property adjacent to Block 12, Magnolia Park Subdivision, which , is more particularly described as follows: Begin at the Northwest corner of Lot 1, Block 12, Magnolia Park Subdivision as recorded in Plat'Book 1, Page 70; of the Public Records of Hillsborough County, Florida, of which Pinellas County was formerly a part; thence run' Southwesterly . along the West line of said Block 12, and its southerly extension to the Northwest corner of Lot 16, Block 12, Court Square Subdivision, as recorded in Plat Book 5, Page 53, of said Public Records; thence run Westerly along the westerly extension of the North line of said Lot 16, Block 12, Court Square Subdivision, to a point on a line 3.0 feet West of and parallel to the West line of said Lot 1, Block 12; Magnolia Park Subdivision; thence run Northeasterly along said line to the South right-of-way line of Franklin Street; thence run Easterly along said South right-of-way line to the Point of Beginning. k' EXHIBIT "A" scale 1 " = loo' This is not a survey z Lc) 7 0 7 I? ? 8 1 I a 3 ? _ _? ? 14 13 12 11 ?, 9 x 16 15 ?10 cn FRANKLIN Ecsement Vacations STREET Requested By Appliccn t ? 3 2) 6 COURT 7 2 n- 6 7 8 8 3l 1 2 3 4 w w* 9 4 ! 10 5 R/w 45 t. \ 15 14 13 12 11 a 11 12 14 mot- 16 1 2) .?; 1 D 9 w COURT Alley cy Vacations STREET # Requested By Applican t 5 6 Z 15 16 1718 5 4 5--3 w , 0 1 2 3 7 8 9- CITY OF CLEARWATER. FLORIDA Q 23 19 PUSUC. WORKS ADMINISTRATION U ?.\. ENGINEERING 24 20 ALLEYWAYS & EASEMENTS VA *"a -17 1 8 ? 7 1 ? ' S VACATION REQUEST we" sa. CHURCH OF SCIENTOLOGY 2 of i 25 11211 07/30/2m RELIGIOUS TRUST t :os-tx ORDINANCE NO. 6866-01 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 400 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 6, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE; WHOSE POST OFFICE ADDRESS IS 2678 NORTH TERRACE DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE WHEREAS, the owner 'of-the real property described herein and depicted on the map. attached hereto as Exhibit Atlas petitioned the City of Clearwater to annex the property into the City, pursuant to Section 171.044, Florida Statutes, and the-City has conplied 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: j Lot' 6, Pinellas Terrace, according to the map or plat thereof, as recorded in Plat Book 49, Page -52, Public Records of Pinellas County, Florida, together. with abutting right-of-way of North Terrace Drive. (ATA ANX 01-07-17) 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 hclude and show the property described herein upon the official maps and records of the City. Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption; and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Appro 6d as to form: Attest:. Leslie K. Dougall- ides Cynthia E. Goudeau Assistant City. Attorney City Clerk Ordinance No, 6866-01 a i•? 7U? 2375 A ? 9 f z . o S U ' "c cc V i lI 13azr..??, 14 • 7fDb-73&7 . I° . t' I ' 3 ? 14 ..11.1 3 L ? zU2 -+ L i1 ¢, ti. z C] 7 ?c+ 10 U 14' •t N 1:13 I1 12 7 14 1q 5 fl: 9. 1! yW !! ? 3 l!'!a ? -? 11 I?1. -• ? sdz7-1,?u I O 'Ii A83?? G t1A 5'A.), rr"v 1 d i l ?z razz-15s? f ?, ?7.'.y1 ?? - i 5722-8a4 _93 _lf NOT A t.6112-48 4., Al a - iQ 5622=731ili?.10 ?r -3 X85-597 c 5037-1706' it„? ?.''AI I B II : 9.. I1A MORNINGSIDE &RIVE .T - g 1 r--1S'Uk Ease M1 a 1 .,-66' r• r h 1 ?6I i7 t? 19 20 2 2"' 2.3 25. ..2G :27 X 3. 1 4 I 1 I' ? I ` ' ccge «- s? .e o x:60 ? sya 3 N °. ,D ?, 0 A 565E-344 ` 7 • '` 18 -.1 I: ' r. r r4uni ' V .5 . , f r _ 16 w1. .1a 13V1 : 1: 1? t . rN? ftl i W u I ' tai : rt I? t 17, t N TERRACE DRIVE. sun TEROAC AC; 7 1, A: ?s."?' i ; a {} , , , F !I! ?i 1ti,: I !:" .. 5-.f!8B I" 21011-IM r i3; ddd?" • ; . sy 14 t 1 .. ` - '•I r'' 'lam. ' ` '.o- A. •?'. --Q 67 :3C) i1 3?i:° a I ?72a-1?n3 0 . , v. A. ,, I do ,}f f:'?I 594 . aq;li •33:.'' aaas-l ta` ,?ES3s-ala v) ? z.:,,L`-) 2 I,?a1T.?-.. ,• •.' •ll.:Wj'?? ??.-?. i a i i , = l,g-5C8 9067-ry778 AIiA 8497--76T "7 V 1 I '; ?,, r lO 1 ?J 4 1' V .7 1 r-- - _-?? 3 ! 71 f i K 1:? i 130 ts' -f-'""--' • 22-- • ?' H377-334 1 7 it 4' ' i C=? I A seas •601: A U53-'15:2 7a I E-- 7, i 1 57 44 1 f 4 c?-??sa. I I 23 .! f p 8 1 ?`f' ...I? J ' '•- - k.. i'..?. - - •yy,r.l l+'"i-I.?Sti 124 7 r ?f I } ! I ,? y ? ?i l lotto-&4a ?- ! f ?• f 24 lit A 5705-752 t r ; 73-.? Ji=gig Q 17I I -iI {?-- rl i iAI3377241 "t {1i _ j PROPOSED 'ANNEXATION AND ZONING CLASSIFICATION OWNER: Alicia Medeiras ( CASE: AT•A ANX 01-07-17 SITE: 2878 N. Terrace Drive PROPERTY SIZE (ACRES): 0.21 R.n,w, SIZE (ACHES): 0.10 ZONING LAND USE Pw: 05129016171424=010080 FROM; R-3 ! County Ronidontlat Low 70: 4AADR 74931dantlnl Low ATLAZ) 294A E PAGE: 1;:chihit A Ordinance No. 6866--01. 1 i ly. 2nd Reading Ir a R, ORDINANCE NO. 6867-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY . 400 FEET SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT 6, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH ABUTTING . RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST.-OFFICE ADDRESS IS 2678 NORTH TERRACE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The, future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the. land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cate Aory Lot 6, Pinellas Terrace, according to the map or Residential Low plat thereof, as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with abutting right-of-way of North Terrace Drive (ATA ANX 01-07-17) Section 2. . The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6866-01, and subject to the approval of the land use desighation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED Appro ed as to form: Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6867-01 o 19 Lai WOODR I NG ' w a a u u a ___ . R/a/R ?' I CL'`, ...?, RU Q a z_ u --19 w N L ? p1VE ? t4 ? y FE 0 z L n r J yJy L 1 , L TERRACE ' W W O D .COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: ALICIA A. MEDEIROS _ 2678 NORTH TERRACE DRIVE PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 26?A SEC. 05 ' TWP: 29S RGE: 16E CONIPYWNITY DEVELOPMENT BOARD: SEPTEMBER 18, 2001 a Ordinance No. 6867-01 1 ORDINANCE NO. 6868-01 a 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING' THE ZONING ATLAS OF THE CITY BY ZONING'' CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 400 FEET 4 SOUTH OF MORNINGSIDE DRIVE, CONSISTING OF LOT' 6, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2678 NORTH TERRACE DRIVE, UPON ANNEXATION INTO THE CITY OF CLF-ARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning dttrict 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 CLEARV1iATER, 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: Pro pert Zoninq District Lot 6, Pinellas Terrace, according to the map Low Medium Density Residential or plat thereof, as recorded in Plat Book 49, (LMDR) Page 62, Public Records of Pinellas County, Florida, together with abutting right-of-way of t North Terrace Drive (ATA ANX 01-07-17) 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. 666641. PASSED ON FIRST READING tdovamber 15 , 2002 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to.form: Attest: Leslie K. Dougall-SiNee Cynthia E. Goudeau Assistant CitCity Clerk Ordinance No. 6868.01 'v III . 15 J II p I'!I ?. i f r? G7t33-19117) I _! J 1 I I' t si 3 ?I t•t I I II 3 A1i" E ' y 5 15n. I .. 8 '. S i . III .i Hjl ; t 3' o f(I -13 Q r T' I`f 13 0, ZT - i..I ew z` TG 13 1i? l` 2 5.. '1I t? J? i 5 Iit. I 12 5 •j? i• s ----- ? O 525".-tS91 ? l l?? ?•B2:••159;, l n < j tC 'fl 11 d L - 11 I 6 x? CJJ' G7 - ' _ 1? "??! 3722-9Cs' n1 a?'snara , 1 t EH ¢ ;II 7-' I 5112-4a, z . ! -- I r 10 ! U i I 1U . Ii ir? i . ?I x.10 7 x 3.1 4A 10 E Ill ' , . 4 I ( SsZ2-1 11:4? I •' ?r E-4 'J I? 15 -''I.cr©.'-SJ7 Q 6fl37?iJA5 i3Ci2, 7,t'c; ' It 4 I I' yII,A q L I 13 ?ti '- cSQ' MORMINGSIDE • DRIVE ! 'Q? s jl! 1 a ! I a,-Hi '- = I I i-ltp5_zY?3/ ' t l t7 32 ?`=?L?4 ' ` 13 26 27 sat e • 2fl'Qr k t {a? l Ct5• Se tEo :56Q 595- :5`6-394 • • • . "q 14•. I I t: t- j2 3 . .r .> .• R?? 00.1 n, II? t - 1 ?- ri''_ : ?? ?? .- '. M1 - Y ????? ? r _. e? !. I?_ 17... ', Y . ? •' ; rn l I`mo` { N ' TERRACE DRIVE . ?? ?%? I'. ` •, h• : ,:::..• ` 1 M ' , f r ioe• 6S76-77r TERRAC DRIVE 3=,sf??I I w I ?I c I. 37 I1 3 491 EJV4 I• ; F I I; Imo, 16 .:} r; _... ID purr, I 1 ! ?`' I I' ,? -7SE9 I': sa-ins' , `W? '72: 6- A, -- _ i ''( 63 33`:I 135 H3' ? I J 6'7 ! 1 ? ?- ' ??? .? #: .GI - ? / 1 ! 5729 03 O•. :1 1 4 © Il. -?. I ;Y??,. tom: ?? X13- .; j; :I ::11t?:`.?.}••. , ` `x '' -ttQ2 A =? ` t V1 L84 w s, d535-1sQOr `A.'E9t9314 v t , ;ll ?• z -,w1 ''• =t2'., z <<]:i?-l I` 2 .u i t J"' I a, lll•.gr 'i. ?';;' t7.:;' C;1`I:L._- .-? i I ,;• t,:'•:-;•...; • ? ??._.. ' :_f. sac5-4100 7•• _ .`'•' ., t I? _ ( :, 119-5Cfl 9tl$7. 776'41 (w.8197?75T r V r=; - - ; :70 ?i\5 I :• -'l, p 0 ;21£'. 71 i i Grs aJ I ! Vh4', .. t5?. 5ti95-252 w x 7_.34 '- 1 }-"----_'_-- j? ?. I z g .E55-901 VC, 7* ^7 23 3 IF- 76 I n ?E%113 I 2•I ° I i • 5,cs-:77 ' - v :_ I If1 E ! f?ta,Is E 1, t ?_ ?` ?? 73 6 FY- ;sg 17I C_ ?_..?---- IUtt cc$*, I I}937h-:al Z5 ri II i+ j -- - _ n PROPOSED ANNEXATION AND ZONING CLASSIFICATION 0WNE.R: Alicia Medeiros CASE: ATA A,I;C 01-07-17 SITE: 2678 N. Terrace Drive PROPERTY SIZE (ACRES)'. 0.21 T _ f R,O, N, 31?_ {Al'FlES1' U,tO T..... BONING -_. ?-• ?...-?? LAND USE ???^-?'• PIN: 1312711fl17L12.11U(101000D -?^- > qql,{• R-1 I County loaidonllal Low TO: LMDR AmjidFrn,i4l Low Ar'_A3 264A PA(M Ordinar eo Nu. 6868-01 2nd Reading ORDINANCE NO. 6917-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA ADOPTING AMENDMENTS TO BEACH BY DESIGN: A PRELIMINARY ' DESIGN FOR CLEARWATER BEACH AND DESIGN GUIDELINES; BY ADOPTING AMENDMENTS TO THE MARINA RESIDENTIAL DISTRICT PROVISIONS INCLUDING, BUT NOT LIMITED TO, LAND CONSOLIDATION, HEIGHT AND CITY INCENTIVE OPTIONS; BY ADOPTING AMENDMENTS TO THE HEIGHT PROVISIONS OF. THE DESIGN GUIDELINES AS THEY RELATE TO THE MARINA' RESIDENTIAL DISTRICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the economic vitality of Clearwater Beach is a major contributor to the economic health of the City overall; and WHEREAS, the public infrastructure and private improvements of Clearwater Beach are a critical part contributing to the economic vitality of the Beach; and WHEREAS, substantial improvements and upgrades to both the public infrastructure and private improvements are necessary to improve the tourist appeal and citizen enjoyment of the' Beach; and WHEREAS, the City of Clearwater has invested significant time and resources in studying Clearwater Beach; and WHEREAS, Beach by Design, the special area plan, governing Clearwater Beach, contains specific development standards and design guidelines for areas of Clearwater Beach that.need to be improved and/or redeveloped; and WHEREAS, the City of Clearwater has the authority. pursuant to Rules Governing the. Administration of the Countywide Future Land Use Plan, as amended, Section 2.3.3,8.4, to adopt and enforce a specific plan for redevelopment in accordance with the Community Redevelopment District plan category, and said Section requires that a special area plan therefore be. approved by the local government; and WHEREAS, the proposed amendment to Beach by Design has been submitted to the Community Development Board acting as the Local Planning Authority (LPA) for the City of Clearwater; and WHEREAS, the Local Planning Agency (LPA) for the City of Clearwater held a duly noticed public hearing and found that amendment to Beach by Design are consistent with the Clearwater Comprehensive Plan; and WHEREAS, on November 15, 2001 and December 13, 2001 the City Commission of the City of Clearwater reviewed and approved Beach by Design; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,• FLORIDA: Ordinance No. 6917-01 a ` c i , Section 1, Beach by Design: A Preliminary Design for Clearwater Beach and Design guidelines is amended pursuant to the attached "Exhibit "A" is hereby adopted. Section 2. Beach by Design, as amended, contains specific development standards and design guidelines for areas of Clearwater Beach that are In addition to and supplement the .Community Development Code; and . Section 3. The City Manager or designee shall forward said plan to any agency required by law or rule to review or approve same. Section 4. It is the intention of the City Commission that this ordinance and plan and every provision thereof, shall be considered 'separable; and the Invalidity of any section or provision of this.ordinance shall not affect the validity of any other provision of this ordinance and plan. Section 5. 'This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING November 15_,_ 2001 PASSED. ON SECOND AND FINAL , READING AND`ADOPTED Brian J. Aungst Mayor-Commissioner Approved'as to form: Attest: Leslie K. Dou all- i s ' Cynthia E. Goudeau Assistant City Attorney City Clerk " 2 Ordinance No. 6917-01 I s-: 1 ? t ; ~ 1 BEACH BY DESIGN/Marina District Amendments/Map Exhibit for Ord. 6917-01 LAND USE DISTRICTS F. Old Florida Destination Resort Retail and Restaurant Marina Residen'tial Pier 60 Beach Walk Small Motel Clearwater Pass • r '? W lil i41 4P dP 40 4P W 1p W 11/ AIM +r ' 4W - r Mr r AW r qlw b h?7• oc' a ro 4 ro h oo` n 4 a n a ?j o= , ' 'try--'?rx-avsrc!? i i `I t' • '.1 •_? +? rJ C3, `O r ? sn '? ? C,,, [5' ^ C G ?. f7 •O ? 7 ti w ? ?' ? ?] ? ? C 'O O ' J r} t7 w :+ '" v O .. r Vi rn C w_ rn '? f! r r .`+ :J M Ow O n a C'? d- O C tr CS. w in O n `. CD O , C.; [? O c to ?, G W G C. O ? 00 • ?-3 . f ?C Cls Ss y • y CD .-?. ..• fL .`3 CJ y Vii ???, nw W .G .O `. V7 ry c 0.. rz ?' A. O Co ?. rn b n ° fD ` 4 [-rC?, C '_` G p QC CAL C C ^ O Ua r- `O ,;, p C4 n 14. O y F w L`. CO9 CpD ?. ry rGn y FOy 0 =s C ?r fD ?' ?? f3 p ?y'? +?' ? CL y ? 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G" C ? ? G fti CD .. co 4 .??•. ? ? ? in' d vii C ? ? !ra' ? G . Oq `C ? r9 Sy ? O C. O' ?• Cam' ? ?n c. o ra "? ° ? C n o `?- ?• Qz- x C ? W ==r' CC"V= tQ s t 1 ? i U, ?? 0: n O Q ? n ' t O ?.? r? .•. . ,mo w A ? •? o 4 ? . ¢1 C to A. cx. n "' --n d G ro - G n C.- O .. O W O .» ....: n fl.. `;C n C C: ca to O n CL ^ o w w ti a n n aa• • 5]. Ci p• .?. (In n o C). 53. C. 0 .? w C a 3 r 1 3 =r C- • r : 1 CL p N '3 y {7 Q t'. te n r "' C0 C7 Q C `.3 O r to n y Gu w G?. O. CJ ? 0 0 O f•1 1• i••? 1n E •'? • Q ?. ? . 1 is ??. +ti • ?.? ry. " l 3 ? CA C- a? ra c ... r r.) ^' 0 • N rns n" rj 0 'A rs d cr n En CL CD ? CO y = ?^ 'a' a can' ?; =-s rya . . LA . / ;; n a . M m "M CD ^ W CD L_/ 0 ? ^ a o ^.. ?.1 CL n, < -1 coo n e C ? ? ? ? ?., n M. cr C- - a Er- O N 0 C) n P c: S-n LA a n C') A `1] 7 S HEIGHT (t.) Qn: CCJ,75? o { - i TT q O r+ C1 u1 Z 5. rrnst?0 y mZO mix no Q(cAm '07 Q m m m ? c Z crn C,) % u1zc? a ? --yy 7?? p 2151 -C rn?? , .{. 713 Vim. f' y n Z c Z•.• o m gym-' j C, ? r- C)a 70 w? tU i3 4 EXHIBIT "A" for 0RDINANCE NO. 6917=01 C. 'Marina Residential District The area to the east of Poinsettia and North Mandalay to the north of Baymont is primarily a residential district with a few motel and restaurant uses. The parcels of land to the cast of East Shore front on Clearwater Bay' However,'those parcels are relatively shallow, limiting the utility of the existing parcelization: Beach by Design anticipates the ' redevelopment of the Marina District as -a waterfront residential neighborhood with parcels to the east of Poinsettia consolidated with parcels to the' east of East Shore in favor of land assembly.' 'F'our distinct blocks should be created from this consolidated land between the Causeway and Baymont Street consistent with existing area street ' . pattems.' Pedestrian access should be provided through each block to the Intracoastal 'Waterway and terminate at a public boardwalk located along the shoreline from the . Causeway to Mandalay Avenue. Retail and restaurant uses are appropriate in the, north and south block only and residential uses located between. The Yacht Basin Apartment site, which is located on the north side of Baymont, should be considered an integal part of, this neighborhood., It must be included' in any consolidation effort and is an appropriate site for a marina based hotel and other residential uses. If all of this land is consolidated under single ownership and developed according to the Marina Residential District framework as a unified plan, the City should do the following: vacate East Shore; create an assessment district to finance thc' boardwalk construction; participate in a garage at Pelican Walk; and make available the density pool for a marina-based hotel meeting the requirements of Beach by Design on the Yacht Basin Apartment site, including the potential allowance of 150 feet in building height. All other building heights within this di strict would be permitted between 24 stories above parking. If the "single" property consolidation described above does not -occur intemiediate strategies should be employed. These strategies should result in smaller, but significant, lot consolidation in the East Shore area consistent with the four "distinct blocks" identified previously between the Causewa and Ba mont Street. This area should also value two larger consolidations of approximately five acres each as an incentive for rcdeveloprnen_t.__The goal of marina based development -in _conjunction with a public "Bayside Boardwalk" should also be pursued, Additionally, the Yacht'B_asin site should be re . develo ed in its current conferration without further subdivision. In order to implement these strate ?ies the following incentives are available; Fishibit to Ord.- No. 6917-01 1 ' b. The project will_contribitte to Pelican Walk parking grage ., project on' terms to be determined by the Cif Commission: East Shore Vacation " ' . . An vacation of East Shore Drive would be subject to a traffic analysis prior to the vacation. The City may conduct this evaluation prior to a proposal for street vacation. Bayside Boardwalk/Pedestrian Linkage Development utilizing-the lot consolidation incentives will dedicate a ten-foot easement along the Ba' side that will link to a pedestrian streetsea a improvement along Ba "mont, 'The Yacht -Basin redevelopment will provide the streets Proposed Boardwalk to Mandalay Street along the Ba ?rnont frontage. The Day side ide Boardwalk can be either on the landside of the seawall and or a component of marina development on the waterside on the seawall. Marina Develo meat Development utilizin the lot consolidatiodincentives should include a marina com onent subject to applicable permitting requirements. VI 1. Design Guidelines B. IIeigltt Qn' e4iundmd-feet-0402) Maximum height is rescribed b the respective zoning distracts in the Community Development Code are4fie-n x-imurn , peanjSsiWe-bu4din&4ieig}'it unless otherwise restrictcd_by,Beach by Design. e --ept that 4i"eigl"mitoen, The height may be increased, however, to one hundred fifty feet (150') if F Exhibit to'Qrd, No. 6917-01 3 Y i r BEACH BY DESIGN/Marina District Amendments/Map Exhibit for Ord. 6917-01 LA U S E USTRICTS' Old Floeidp'. RCO 1 10. T Vf-A") ' ?cute,?orr trRM. 0 Resort Destinati n = Q Retail and Restaurant lR?O wY r anna Resid n Mal AilgLiAYlr.4?V0. . C?^y 60- F&VT , i -.Beach Walk Small Motel Clearwater Pass "13 C" t v? .fLy,j71.?'+.N [?`t1?:i?'SF!,}?''i•l .'I S'(? 1 ?M. 44'1".. ?! ... f4. f.• ? may'.;/•. ? I: , ..U]r U 41 4 4- tn r Q] ?.• tr .?+ ?„ L i , p O v . `i1 tA Cd .'? U Sd O a 4 i + O + r+ A ?? to CV cad - i en 03 L-4 3" U3 ?Z _C$ 45 "d N Cd 773 Q) ?" ?" tl.Y C MO O + "CS a Q C? 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LI C) U) Im" C2 -09 r- tj in 4-- ca w tn, "O 'O C O .O v 'C3 try O ?_ Z (2 .0. y d1 ?" ' V •C3 in V cSKS Q tl?? lu gu w L1 =„ C5 n 61 ' d c;7. cd •6. G vj Q V ,? tw . CiA'C3 O •'? Q) O ?, 3 04 p _.. yr w' ' w a cn M ° '? -? o = . ?. v, ••cy v c? .-, Q, q .. -Coo •in •in m p o a ».. a -a W -a a s ?, o ,E n? r.. a tn o a -cuooa-Q10a,??c?' _L) 0oEU0 'a Iz 4-4 w CU Q p ~+ L? 4) i.. ., + ?"' ?., .G ,d O 4r V1 «C 'L'3 Lb tSl -K3 *6 ti-iiii a Q 41 • .? ?r Q a rr w 1-i rQ .r. p > L otn•- , x O ? ,o N ? 'rE ?o E i ??', a'io,du? to -0. 0 x j z z u m . E ti N a b r U U : 8• nyi b 4i U a v CQ Brink, Carolyn To: Commission' Subject: FW: Beach by Design ; COPIES TO: COMMISSION FYI. cb DEC ? 3 2001 -..----Original Message----- ' From: Brink,' Carolyn . Sent:'Thursday, December 13, 2001 8•.34 AM PnESS s To: ,'Bill Zinzow' CLERK 1 ATTORNEY , Subject: RE: Beach by Design Dear Mr..Zinzow: Your e-mail has been received'and will be copied to the Mayor and .Commissioners. , -----Original Message----- From: Bill'Zinzow',[mailto:zinzow@tampabay.rr.com) Sent: Wednesday, December' 12, 2001 8:35 PM To:! Mayor and Commissioner`s i' Sub5ject: Beach by Design Dear 'Mayor 'and Commissioners, I• urgently-request that any deviation from 'The Beach by Design' previously accepted by the City be denied. It is my contention that if development is to take place on the beach-that,it be done within the:guide lines established:' If Mr. Mack cannot meet that criteria,.so be it !!I! Bill Zinzow , Bill' Zinzow I Clearwater, Florida % ...?- _.. ,.. ?..._._..-. _...- _... 7 .. ... .. «.. .,........,.... .. .. ??.?,...>.,_ .-..• _.--.__... ... ___._. .___??"? • _.` _ ., __?_ ,_?. r --- f s COPIES TO- December 12, 200,1 COM'?fSSiON Too. Mayor.- Brian Aungst PRESS CLERK/ ATTORNEY Commissioner Ed Hart, Commissioner Hoyt Hamilton Commissioner Whitney Gray Commissioner Bill Jonso'City Manager Bill Horne : Assistant City Ma' nger Garry Brumback Assistant City Manager Ralph Stone .Re: -Arnend.ments -to Beach By De4ign y y f To the Clearwater City Commission We the undersigned request that the Clearwater City Commission approve and pass on second reading the amendments to Beach By Design as passed on first reading at the commission meeting held on November 15, 2001 --?- Print Name ( 11'1 u N IS S O SS 11A ha??s ?'1?aFF Address 676 .Gsl?nrv ?J?o?07 y ?.qVLJV/t&j bLOA '1? ?6A 7 Slwa `C L d O -Z,5-4,q-/V2) AY 0-16/a 'r7/AC3 -Z' I.AWD /JAY, '/Z5* t y3 -AK GQ a?4A.MP 0 Al (66 !o ?,& e,? P 41t- /1-S .et p•„ SIP SC???a- 3zz? H?aEl?it? LYC. ? G?I,`?A'`L?G?G•+? c 7 1// /c? NO c9X y-VPZ .3 104-awov, 5 ?r yo W kilkM) - 4 103 gnature & Date i /mix `3 /0 I J TO' the Clearwater'City'Commflssion We the undersigned request that the Clearwater City Commission approve and pass on second reading the amendments to Beach By Design as passed on first reading at'the commission meeting held on November 15, 2001 Print Name L) x, q-maslast?/ex blariiz 14 ?(AStagopatIvs rlq ?K,onomlc?S L)q GH I )/ton//iTo . Address 5'gnature & Date 7 - GqG v o ?'r?! 1 C?4 s??+?>;, trz_ R c; _ C>)9? SI'L D6, C 1Crr4lak?; tP 3.:;T?7 F7t 12 -03, ?! Itc+/??F f1 f ?'?r 061+r I V? 3 5 7 G'i .60d P-O5 roQcf CO . v 31 '4 y W 4Y R 6-Ul? C t v" FI, C,.. ?? ? Cv?wl c w , ?.? 2 "!r, C I 7t)URIC- 04' Tot the Clearwater City Commission . We the undersigned request that the Clearwater City Commission approve and pass on second reading the amendments'to Beach By Design as passed on first reading at the 'commission meeting held on November 15, 2001 Print Name SckU+x e.,Ac-?04 ? (p ?e-h (17? 1-=NDO,, /6 A-? A-? 1 Address Signature & Date F ?L?I?SL IcL ?UQ t?po y AV / L - exC?--,y G'%,;? 1 ( ter' G A elv 0A) -e ?/ ?- 0 ?Stvajt)o cA & %? ? ?'????.?, •??? Gig 6 L-? Y: V /r Z .C All, 9/y- &Xopy/ Orr-, LL> .06 ( tM ?- T/-'VC- 1/ 9(_ .ve To - the Clearwater City Commission, Y We the undersigned request that the Clearwater City Commission approve and pass on second reading the amendments to Beach By Design as passed on first reading at the commission meeting held on November 15, 2001 Print Name ?ro :+a kv ?/tic ? r bAA( AIIJTI?Iolvlf 'TOE Lo-v. Address v? m? ??; s vv A? 9' ??••r L?'w ? ??J ? k' n ? S .I ?w y ?'a2 ??? C?.e 403 e sr5koze ?2r ?t I Cj oV Z, ? N 0&0O -19 P VA C?ti%I, LJc t'Cti I'p/ IH I jfdy6it? A„?L,,, {7?,? Vw-r CLO?C, &A. Signature & Date c 12 i 7?/Oil ? -- I To the d?U E U U - i Clearwater ?ty Commission .We the undersigned request that the Clearwater City Commission approve and pass on second reading the amendments to Beach By Design as passed on first reading at the commission meeting held on November 15, 2001 Print Name J Poir rv,.L? F, ?jd a Address 3 'f r-, Y, 1 4? 1z, 0, vop,;,<,, G? r i i 4 Signature & Date 12- 1 0,011?3 Tic; 64,?Lu A? -3L_4 `&? ?r y C Lw '33 7 7 t;? A N 5 ?L , - Z?le I'VE I '71 k/ G U OU,? To the. Clearwater City Commission' We the undersigned request that the Clearwater City Commission approve and- pass on second reading the amendments to Beach By ]Design as passed on frst'reading at the " commission meeting held on November 15, 2001 Print Name Addr s Si pa re to 7- 6 AL i?2a7 i ///7 4V Ar, 7 s ¦ To the Clearwater City Commission We the undersigned request that the Clearwater City Commission approve and pass on' second reading the amendments to Beach By Design as passed on first reading at the commission meeting held on November 15, 2001 Print Name A4, Address Signature & ,Date hv2.-e Y?t- -17 (A6 CUg . 7 t 7 ??, ?1/'?i?/ 2J1k"?C U??,f?t?J1. j S 01 •?(r.???-..r'!i.•?•? ) f1 4 -ell f d?! A16*7, ?. j f NO E SGOc-e- r GGt?LGrI?l ?? 1 ??- '?-r' i 0"1 C? ,' //?.h/C?l_.?t .} L -3 J (? ??? ?'`:7? '.,,-,?? ??• ?? "? v -' Chi , l To the Clear water City Commission We. the undersigned request that the Clearwater City Commission approve And pass on second reading the amendments to Beach By Design as passed on first reading at the ,commission meeting held on November 15,2001 Print Name Address Signature & Date A 7s- ?s? x01,1' pet I t G2 We the undersigned request that the Clearwater City Commission approve and pass on second reading the amendments to Beach By Design as passed on first reading at the commission meeting held on November 15, 2001 Print-Name iok? ?MO, ?-. /I . P? .y?? ? n ?t?•. ; • ? ?, tip i i ?? ? •; • ? ' . ..? ` 1, ', •? !, ?, ? ? f? r ? ly/ c7f 44 OV To the Clear water City Commission , ? /1 G• ?• h. ? ra .3 Address Is T i Znq III/11W I????M(u Signature & bate %o. (P rid k-Cy 1 1 . To the Clearwater City Commission We the undersigned request that the Clearwater City Commission approve and pass on second rending the amendments to Beach By Design as passed on first reading at the commission meeting held on November 15, 2001 Print Name 6' 1, II I ' ? ?{?J 11+1 f?l`I?`r. ?cc err 1 ?xxj 'HA U2-14 .0 e Z)LA)v jJ<?rUf ? L L err ?<??p G' ' L nn /?rJ .f 'U V/U u fy ¢.11,I_' . PI A4Li] ? . 7-i4A L 4- Address f A E3- ? f' c S -1 ??-Ft,, s?. 5"? t v j `71 A&AIG7 13 71, 13 J r 4 if i /} +c"e-7 Signature & Date ..-4 ?J-? , 111x310 r ' JtG ' . r , - ?V, '' Gel ??r?..?t.!?IG" '?y ?/? %/' 00 111.27101 " To the Clearwater City Commission We the undersigned request that the Clearwater City Commission approve and puss on i second reading the amendments to Beach By Design as passed on first reading at the commission meeting held on November 15, 2001 Print Name Address Signature & ]Date ? C? /<-J IFP IV 4? E; LO Z3! e '-A f3 C2 L-- ?T J6 VA Ve- CA. U '2- FO( To the Clearwater City Commission We the undersigned request that the Clearwater City Commission approve and pass on second reading the amendments to Beach By Design as passed on first reading at the commission meeting held on November 15, 2001 Print Name Address Signature & Date + CO l at 5-c- C4 P1 J tJ C? C 13 5, 1 9A L r V/ All ,r °. '`'??.vv r S ?, ??.?rr? 773 ,;,?.S ?-?? ?l? ? ? ? l l SGT .ter X73 ,iS44,rP Afn owe 1 ??F 716 da?N&Y ?lvc( OM 19? DO Q Z l ,IVVAO- ?O u1AOj S? DES v /3 eAgmgAIA JOVWS" iSto 1n 914=9157-(- 417-1 ?n ????? ?ao? L?chenLn C?. C Vila P' S a l ? /? del /L.J. ! 1 Lt?? . ? 1. . d, t ML(t Gbfac 'T'oAhe Clea'rwafe.r City Commission .k F We the undersigned' request that the Clearwater City Commission approve and pass on second reading the amendments to Beach By Design as passed on first reading at the commission meeting held on November I5, 2001 Print ATsamp Address a u & D to i ?Oe?t 0 M ,, ' ...?j• Ai?f?1?????r/?f7 ?';f.i V Y ?'?J???i" , l ??}•/??? a f„? ?drlc.y-' /r?''? ? ?? ?"tj'/% /U 1J ?t 96 6 EiA) 2nd Reading ORDINANCE NO. 6912-01 AN ORDINANCE OF THE. CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY REZONING CERTAIN PROPERTY. LOCATED ON THE EAST SIDE OF MANDALAY AVENUE AND NORTH OF BAYMONT STREET, CONSISTING OF LOTS 1 THROUGH 9, YACHT BASIN ` SUBDIVISION, WHOSE POST OFFICE -ADDRESS IS 501 MANDALAY AVENUE, FROM MEDIUM HIGH DENSITY RESIDENTIAL (MHDR),TO HIGH DENSITY RESIDENTIAL (HDR), 'PROVIDING AN EFFECTIVE DATE. WHEREAS, the arendment to the zoning atlas of the City as set fork in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA:' Section 1, The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Propert Zoning District Lots 1 through 9, Yacht Basin. Subdivision, according From: Medium High Density To the plat thereof, recorded in Plat Book 25, Page'35, Residential (MHDR) Public' Records of Pinellas County, Florida (Z 01-09-03) To: High Density Residential (HDR) Section 2. The Planning and Development Services Administrator is directed to revise tie zoning atlas of the City in accordance with the foregoing amendment: Section 3, This ordinance shall take'effect immediately upon adoption. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: -7- Leslie K. Dougall-Sid Cynthia E, Gaudeau Assistant City Attorney City Clerk Crdlnonco No. 6912-01 { q76 577 A_ 57a r-?` ?8r 576 3 1Q 11 10 G(!2 z yy 566 r+ r, 571 O 01J0 6q Z to 19 60, BAS -ESPLANADE iup 53.f ;? + v ?a 0.9. 715-323 - FIRE SPATEOty CLEARWATER BEACH REC. COMPLEX (2) 4s'` OS /R R -3!o1 MANDALAY t4i PARK 0 1{n.'r,_,p7 Q c s ?7- 19? a aC5. &/1/55 Z E? ROCKAWAY ° STREET MILKERS MO EL 30 Z 3 n 5 CONDO T 97-55 1 10 8 s?4 8 7 5 5 7 szo 5fG ? P ?M VAC 01R. Z2.6-19 'CLEAFtWATER tool YA?HT BASIN BEACH RESUB 500 Sol 1 SUB s 19--96 : z 25? 35 SAYMONT STREET w 50 56 56 f 8q 4D9 i s k w i 60 nw`nc'- a 60 496 }5 59 49? Sda.t l 1 SA J3"""`- "- 411J 492 .,? co ??`S 6? a - aZ Z 487 ! 489 52 11 S j 3 -51 62 -$ .a S ? 4&f, 3 Do q 63 484 _ LU -tiy 65~ 483.4 n a 479 r .1174 tA. 477 t7:J 5: 38 <6 e6 - 37 ?? 4 s 4110 6 7 '? 6l5 3ST q 6 to t,? Z ?5 4 !a a4^{> O 475 IaQI 475 5 cv ai 3S -I- J71 60 7 a. . _ mom 9Q) CORAL MOTEL CONDO 42---114 SUN HARBOR CONDO 76-90 PROPOSED REZONING Gre©nmack Clearwater, LLC, a Florida CASE: Z 01-09-03 OWNER: limited liability company _ _ SITE: 501 Mandalay Avenue PROPERTY SIZE (ACRES): 6.16 ZONING T LAND USE SPIN: 06129116199218100010010 FROM: MHDA Rosidonllai) High TO: HDn Assideallml High I ATLAS 207A PAGE: I! Ordinance NO. 6912-01 r$ 2nd Reading ORDINANCE NO, 6869-01, AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING. CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 500 FEET EAST OF CARDINAL DRIVE, CONSISTING OF LOT 7, PINELLAS TERRACE - SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE_,. WHOSE POST OFFICE ADDRESS IS 2684 NORTH TERRACE DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and 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 conplied 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 I: The following-described property is hereby annexed into the City of Clearwater, and the boundary lines of the City are redefined accordingly: Lot.7, Pinellas Terrace, according to plat thereof recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with abutting right:of=way of North Terrace Drive. (ATA ANX 01-07-18) 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 hereto, withthe 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 November * 15, 2001, _ PASSED ON SECOND AND FINAL READING'AND ADOPTED Brian.J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Side Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 6869-01 i i606t-1649 - I p ! I fill E . :. " ,.r 6763-19117! ?- 64gq ?" I ' ' a 6 0 479-2375 I? B - d. ? 13 I 4' x-11 13 p ;• '...'il' .1•3r, ?1?eiw¦ ¦tits?i? w psir ' r ' 9027-•15661 4'.w - 6532-576 1 S, r ------ -,,¦ ; 3 Q °262,IfrJI I S II F ^-1594! I .6 5760- _ 1? -. L Z ?. O I 11 ¢ U 1 11 ?.?,»+ 117 _j Q w ?? I i o I I IS5y5-°377 ? 1 t =». { ? Sr ? i? I 10. } Ww E ? t XIIIIIIII , i . 10, _,,, Q ; t'` 11 I I 6112-481 ' '' :' 6b '5722-004 ':7 ?I 5U22-23 i , I , TM A ?' k 13 a 4? - Q 3 1 'G85-597 • 6037 17:fi I ; ? lw 9 1 11A?1 ? E593-. ? S tiQ C. PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Monika Smolarcz?rk ,CASE:ATA ANX 01-07-18 } SITE: T^? 2684 N. Terrace Drive PROPERTY SIZE (ACRES): 0.32 i R.O.W. SIZ E (ACRES): 0.43 i ZONING LAND USE PIN: 06129110171424MID010070 FROM: R-3 I County Realdontlnl Low r_? -__ r•__ y TO. LMOR Reaidenllal Low ATLAS 264A PAGE: 3 3 J Exhibit A Ordinance No, 6869-01 Ell 1, . ORDINANCE NO, 6870-01 l? 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LANG USE FOR CERTAIN RU L PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY .500 FEET EAST OF CARDINAL DRIVE, CONSISTING OF LOT 7, PINELLAS TERRACE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 2684 NORTH TERRACE DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER; AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cate go Lot 7, Pinellas Terrace, according to the map or plat Residential Low `thereof; as recorded in Plat Book 49, Page 52, Public Records of Pinellas County, Florida, together with abutting right-of-way of North Terrace Drive. (ATA ANX 01-07-18) Section 2. The City Commission does hereby certify that this ordinance is, consistent with the City's comprehensive plan. Section 3.. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No, 6869-01, and subject to the approval of the land use designation by the Pinellas County Board of County' Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and ? Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes, . PASSED ON FIRST READING NNCilembar 1 S - ?QQ1 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner A Roved as to fgrrQ: Attest: Leslie K. Dougall-S d Cynthia E. Goudeau Assistant City Attorney ' City Clerk Ordinance No. 6870-01 CL R L f . W04QRING R y c w ° o L L a r -- r a FTI ra? R/C)'R MORNiNGSIG'E D J,? JL 1 , L ' N TERRACE' ORIV L TERRACE HR . RU L? W -- - ' 19 ? , R/0/ R11 R1, L RU /o/R CG a J COUNTYWIDE FUTURE LAND USE PLAN NMAP NAME: 'LvIONIKA SMOLARCZYK 2654 NORTH TERRACE DRIVE PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC. 05 TWP: 29S RGE: l6E COIN UNITY DEVELOPMENT BOARD: SEPTEMBER 18, 2041 Ordinance No. 6870--01 ?ww 2nd Readfnrr72e) ORDINANCE NO. 6871-01 AN ORDINANCE OF THE CITY OF. CLEARWATER, FLORIDA, ,,, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF NORTH TERRACE DRIVE, APPROXIMATELY 500. FEET EAST OF CARDINAL.DRIVE, CONSISTING OF LOT 7, PINELLAS TERRACE' SUBDIVISION, TOGETHER WITH ABUTTING RIGHT-OF-WAY OF NORTH TERRACE DRIVE, WHOSE POST OFFICE ADDRESS IS 26184 NORTH TERRACE DRIVE, UPON ANNEXATION INTO THE CITY OF - CLEARWATER,, -AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); 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: Prooe_t Zoning District Lot T, Pinellas Terrace, according to the map Low Medium Density Residential or plat thereof, as recorded in Plat Book 49, (LMDR) Page 52, Public Records of Pinellas County, Florida, together with abutting right-of-way of North Terrace Drive (ATA ANX 01-07-18) 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. 6869-01. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: Leslie K. Doudall- ide Assistant City Attorney Brian J, Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6871.01 Wb7-I - , 4 1 1 4 ( t? ?. I I ''r;?.' , !.3°•.1 1" S .,, . :- ...! 64n4 I" 9 4. =I a 4-,II 13 cr_ a : if t3 '~ ???ri¦ E??II?? 'n Yf :',I 1iRrif l...?3' a. := : A .Al e?33-F?76 5. _s ftM ti 53 ! --- f O S • r•? ? '• Z `.,5`. I - ~t2 y- rd1 5 Al ?? S;Efl- rl 1 ¢ iI 1t r ? t7'f''s- I j *?? f F ! I • . tt: yy?}} I ?? i' : ,61 5722-904. ' ?, t41aNo t& 11. 7 ,-- 10 ?+? c1 ! 31i t? `?? Q I r.0:. Al 1 ...t0; .. . . _ 5e2,?z3.1 l `i ';1 - 8625-59: 0{137-17C6' ? 1 s a _ 61 b695- a .y J ti 1 2 !! * f I : l! - n` 4'•'•. Ir7 A ' •'4 L4 4 t Eo?r ? i ' - Al -A ¦'W A , r% Air PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Monika Smolarczyk CASE:ATA ANX 01-07-18 SITE: 2f)8 V. Terrace Drive PROPERTY slx~ (.'caEs): 0.32 R.P.W. SIZE (ACRES): 0.00 - ??- ZgNING ^' T _ LAND USE PIN: 0 61291151714 2 410 0 01 00 70 FROM; R-3 1 Caunly AeUdonllal Low - TO: Lti10R Roxidon1141 Low ATLAS 204A PAGE: MORNINGS 0E ORLVE. rr "? Ordinance No, 6871--01 d ORDINANCE NO. 688201 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ' ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH, SIDE OF UNION STREET, APPROXIMATELY 135 FEET WEST OF, WINGS WAY, CONSISTING OF THE SOUTH ONE HALF OF THE EAST ONE-HALF OF SOUTHEAST ONE- QUARTER OF SOUTHWEST ONE-QUARTER OF SOUTHEAST ONE-QUARTER OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, LESS THE EASTERLY 183.31 FEET AND THE SOUTHERLY 33 FEET RIGHT-OF-WAY FOR ROAD, TOGETHER WITH ABUTTING RIGHT OF WAY ALONG UNION STREET, WHOSE 'POST 'OFFICE ADDRESS IS 2880 UNION STREET, INTO THE CORPORATE LIMITS OF 'THE CITY,' AND ' REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property, described herein, and depicted on the map attached hereto as. Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to. Section. 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with this ordinance; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF i CLEARWATER, FLORIDA: Section 1. The following-described property is hereby annexed into.the City of Clearwater F and the boundary lines of the City are redefined accordngly: i See attached legal description (ATA ANX 01-07-20) Section 2. The provisions of this ordinance are found and determined to be consistent with the City of Clearwater' Comprehensive Plan.' The City Canmission 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 hereto, with the Clerk of the Circuit Court' and with the,County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida. Department of Stde Within 30 days after adoption. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Appr ed as to r : Attest; Leslie K. Dougall-Si a Cynthia E.,Goudeau Assistant City Attorney City Clerk Ordinance No. 6862.01 S ¦ CHANCERY LANE o r I r t ? ? l y I ti ,? ,r r -! 1 f tl LDR EL Mf ? as 9686 1 i t CGl?tfr Ii ,t i C11 ?? BETHANY PLC I Cl N 50 51 `rr t? 1 43/03 5 7 56 / CQ 13 , : -D RI ?tt I " " ------------- D R -L -M 05 9aim3 548' 0 ? r rl 3- (14th. ?'?:.Z:1?.-+•.1 'y"F ? ? F' '??J rSfUM WAY r? EL )1?' / y ? /I ? CJI N ? 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Sl t' f ..r„ _ ? .+ i.'a ! ?'} •' •i' i ' '1 i •. r '??'? ' .-. . .: + {I f , F . i . Ordinance No, 6882-01 ' ORDINANCE NO. 6883-01 2nd Reading ' AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE, COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF UNION ' STREET, APPROXIMATELY 135 FEET WEST OF WINGS WAY, CONSISTING OF SOUTH ONE-HALF OF EAST ONE- HALF OF SOUTH EAST'ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, LESS THE EASTERLY 183,31 FEET. AND THE SOUTHERLY 33 FEET { RIGHT-OF-WAY FOR ROAD, TOGETHER WITH ABUTTING RIGHT OF WAY ALONG UNION STREET, WHOSE POST OFFICE ADDRESS IS 2880 UNION STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS' RESIDENTIAL SUBURBAN; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1., The future land use plan element of the comprehensive plan of the City of Clearwater is amended 'by designating the land use category for the hereinafter described property,' upon annexation into the City of Clearwater, as follows: F Property Land Use Categ See attached legal description Residential Suburban (ATA ANX 01-07-20) Section 2. The City Commission does. hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6882-01, and subject to the approval of the land use designation by the ' Pinellas County Board of County Commissioners, and subject to. a determination by, the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner A ved,as t f rm; Attest: f / Leslie K. Dougall Si es Cynthia E, Goudeau Assistant City Atta ey City Clerk Ordinance No. 6883-01 ?t s(t. ?f?l{' .4'! :'1 ;y.. ?I, ?'":?.•: ?', 14.4'...:0. .?, etrY; .11. S f„'::.? .6.j! 2?,. 1• ..?{; ? ?1` ,, .r ` ? ? •, ' , I ? 511 ' '(• ? 1 , • 1 ' 1 I , 1 ..1 d. `. +?Y.«. II - ?- ; y.'1. t{t•! ?i k':?. I ,???' .. ,.. r .I I' ?,4 ,tf' ? ? .. ... 4• s. .. .1 I I , Legal Description ; South'one-half of east'ohe-half of southeast one-quarter of the southwest one- :t quarter of'the' southeast'one-quarter of Section, 32, Township 28 South, Range 16, east', less the easterly 183.31 feet and the southerly 33'feet right-of-way for road, containing one:acre more or less, together with abutting-right of way along Union'.. Street. ; BATA ANX 01-07-20) '. ?f r ? ' ? II ' • ! !' ? i `. i 1 ,I ' • ' ' , ? ;1€, ? .. 1 ? ? •' 1 • ' I ? . 1 • !I ? , ? E? ' ' ` ? ? ,! ? ' ? ? ? ?? r ?! 1, tl i I 1, ,. 1 I 1!. . 13 1 I ^ . i f via i R/OS r' 'I COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: MATTIE E. JOHNSON 2880 UNION STREET PLAN DESIGNATION: RESIDENTIAL SUBURBAN ATLAS PAGE: 24413 SEC. 32 TWP: 28S RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 200.1 .Ordinance No. 6883--01 ORDINANCE NO. 6884-01 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER,' FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF ' UNION STREET, APPROXIMATELY 135 FEET WEST OF WINGS. WAY, CONSISTING OF SOUTH ONE-HALF OF EAST ONE-HALF .OF SOUTHEAST ONE-QUARTER OF THE ' SOUTHWEST ONE-QUARTER OF THE SOUTHEAST ONE- QUARTER OF SECTION 32, TOWNSHIP 28 SOUTH, RANGE 16 EAST, LESS THE EASTERLY' 183;31 FEET - AND THE SOUTHERLY 33 FEET RIGHT-OF-WAY FOR ROAD,' TOGETHER WITH ABUTTING RIGHT OF WAY ALONG UNION STREET, WHOSE POST OFFICE ADDRESS IS 2880 UNION STREET UPON ANNEXATIOP4' INTO THE CITY OF CLEARWATER, AS LOW DENSITY RESIDENTIAL (LDR); 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 j amended, as follows: Proert Zoning District See legal description attached Low Density Residential (LDR) (ATA ANX 01-07-20) 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. 6882-01. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall- i les Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 6884.01 r. CHANCERY LANE • I r I ., +? r.. I 1ln' t ? i 33 .. ELnIUN L 96 86 I IM _ • ' courlrr '? ? , ? , ? r.• .A Yom' _ • y ,} THIS r f ",/ am S BETHANY PG .. . . ? r r , 1 -i ` ` 50 51 f / v i-F _ ' ' + : 7%' r?J.: : ? . ?: -^~. , ?, •l? t ; r L f } ? 43/93'r L\l a its < 1? 57 5,3 y'^`1 i •i •.•' :^ • t rl,'s:"?ir? -n I r4•r-'r: f'»•'Zf D-?? ' 4,. •,. . i , Pdl ?lr ??/f Apr .¦T-L? u'`?:?fQ5.°L#wl? I r j3 ELYSIUM WAY K . ;t?. ICw?.l+d: t•li l?zt:? sr.?ij•;.?#!"`k?`? f!'# '?' I r ??._..r c? ? ??,? ?` • y' - :'r'' ••?-..v,-rc?'• a:L ;- ?.?r;, .?? tw•`?89]--25J8,?•fll ? ,?,g1 / 'r a 62 Im -30 .x .'r n, *•is.?i,]rrk l:la;f?j••+!C;i •.1? 1 +'JL,?. ?;1a .".104 9594 I t760 f ?, _Ny%r, Ui+' :•N:i, LV: :"!'trilf.+<+. •:ill..>s 50 / S.° . 1. .;j, •+.., ', ". 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'.!•'.'` ;` t`,+-. .. :?.; .i .:«C?'- 'tip r aJ.r )!.. •?- .?' t. 3rr':t ?_i..FV;. .$;?• I, / !w l. ?{.. ,nl.r ?': 'I"yl?',;.r?,','•,+ I-?'- rr<?.. }. -'?jt 1 ) 4?,?..-.• r+.?:R• .?T.,.t'. ,..;.. i,?:}I .?'?.? )-. „1..,.. ',r- ?. ) s .li'. ?.:•... ti`S.a•' 'iT.r'{'.:c:;??,:?.r...r ?;: `...: I I .'•( e•i'!i...e ;f Xflr':S_ ?, .x r -s.?} ,TY S,S?t? •}:•i.7o, 11,,,t:J :Sr 71_ :, `\'4 •-'t•`'4 ?r' ,?J. "?L: •_ ',;r,fir"?' ?=?t?J-!,?-^?.ArhF'.'!. a'?'.:(??}'I•[IJ rfN.R,;<:: A t l F1}; i..-I.T:r4; ..?i hti0- ia! r' w I :'1ANNEXATION AND ZONING CLASSIFICATION PROPOSED OWNER: Mattie E. Johnson I CASE: ATA ANX 01-07-20 SITE: 2880 Union Street PROPERTY SIZE (ACHES): 1.04 ROW SIZE (ACRES): 0.21 ZONING LAI[0 USE PIN: 32128110/00000143010500 FROM: R-R Residential Suburban T0; LDR ReSidenNal Suburbah } ATLAS Z44a PAGE: Ordinance NO, 6884-01 di Ran g ORDINANCE NO. 6885-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PARKWOOD STREET, APPROXIMATELY 460 FEET EAST OF BETTY LANE, CONSISTING OF LOT 17, BLOCK A, PINE RIDGE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY ALONG PARKWOOD STREET, WHOSE POST OFFICE ADDRESS IS 1328 PARKWOOD STREET, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on the map attached hereto 'as Exhibit A has petitioned the City of Clearwater to annex the property into the City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable requirements of Florida law in connection with the 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 17, Block "A" , Pine Ridge, according to the plat thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida, together with abutting right of way along Parkwood Street (ATA ANX 01-07-21) 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 deaications 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 hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption.' PASSED ON FIRST READING November 15. 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner App ved as to f Attest: Leslie K. Dougall-Si s Cynthia E. Goudeau Assistant City Attorney ' City Clerk Ordinance No. 6885-01 ;1 ?l. •11: -,:+ye. 13 7 +1,??? I? i ,•iyl Ij 1., ; tt I (} w t 1i 116 15 1? 1??rl, I? w I I i? I i I , ? tiy? I ?? l :3 5 7 3 9 j Pro m 4.1 ,>.;._'•(3/oat ? ? ? I TERRACE ROAD h 10 :i3 f 04?: S. ' ,1'' I co ZV It, 1I ? ^'I 1 1ij.15 1$ --12 11 1 HET' Y LANE 110 r7 3 HEIGHTS 1 39-98 2 7 hl `r n +7 •? 41 w ` E Q ..I M 11,15 I! NOf A 1SS w _sup %FaY 7 1.2~ 1,3 12 R 11 r Q9 t ?1 I n ,1 3 V -1 5 a5 7 8 iI IJ v n -1, w nIJ ti t 1 S Q FAIRMONT STREET W r Cf.Y ;riv w Nc1,?I?: ?YeJ. 12?9F??''I ;???w7E2f1 (? rst 14 1625 '? ?s ( ? •.N. N ? I 15.70 5 u 7 7{ S `'?? . 3 2 I 1 • w rr ?! i •r J OLUD rbr9 t n _•.?;;? Z, 4 ~ Y?M_ ?rrw ?•? PARS„ OD f=`=?'`' 1 ?: r 0 I .4 rrlitS'1C 1613 '%s=^cc ^7 ` n :. t3 te; 7',?? j ; 'Wt. L o s cx cti 1613 4 - w: 7 4 a 7q r-- •?? M Y ??ay 'vr,t y t (D' 05 f 1 12 13 16 18 a 0 n? c c u n? a w J I - ?, w 1rro 1 5 5 7 $ sg 5s. 3 •5 I 1600 16 ® tp t5 t 1 73 12 t1 0 C?7 + ti r77 n !2 r In :•1 Q W 2 a r 7 0 I0 w w 3 2 3 5 6 b 7 a6, 1:6, 19[, P, 1: 20y 'J257. 1500 43 1S3 IgS SQ 125 16 r5 r•1 1 3 12 1 9 Cl n I n h Cl M I.` c a WOODSINE STREET 1 -i 0141 N !4,1' ?5{ '?a1T1 R .• ? V1 ` `? w ? I tiJ h ti ?? C'1 r f1?) fr.. fit} ?'llll jF•,; c 2 1 3 j t 11? 32 1314 1 t6 i7 1$ _; a fi c, II ?_ o f `n', nor M ci 1 2- 0 2 3 6 7 6t. t7Sr '0 216 ?.53 t2 20 , 1+7$ 5d' # t6 ! 17: 15 •196 2!) 1.t ? S a?} 50 125 200 1211 id 1r7a Y R t 'a Cy' y7 rA - SPRINGDALE STREET • Q 1427 `'?' P 41 :•1 IA r ..? •s? .. 'A I { :1 "7 n In T ra ! h I C] ;'! Cj vim! '??ry{ .ly 1?5I M 7 ??+r.r ? +n n R C •A 27 1r31 w'3 7r w6 5? ? d 3^ i M{{i 5 ~7 c3 1419 I ( `? [alJt1 Y 3 57. IR 41206 t1 r03. rtr 7'r7 t+ 1Jri PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Monica O. Plange CASE: ATA ANX 01-07-21 SITE: 1328 Parkwood Street PROPERTY I ROW SIZE - SIZE (ACRES): 0.18 (ACRES) 0.10 _ ZONING LAND USE PIN, I012411517t874/00t/0170 FROM: A-V(,ounty Reoidendal tow r rp, LMDR Reaidenllel Low ATLAS 2870 PAGE: I.xhibLt A Ordinance NO, 6885-01 C`6 ORDINANCE NO. 61313 01 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE ' . COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE OF PARKWOOD STREET, APPROXIMATELY 460 FEET EAST OF BETTY LANE, CONSISTING-OF LOT 17, BLOCK A, PINE RIDGE SUBDIVISION, TOGETHER WITH ABUTTING RIGHT OF WAY ALONG PARKWOOD STREET, WHOSE POST OFFICE ADDRESS IS - 1328 PARKWOOD STREET, UPON ANNEXATION 'INTO -THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of'the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use -plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Pro pert Land Use Cate go 'Lot 17, Block °A" ; Pine Ridge, according to the plat - Residential Low thereof, recorded in Plat Book 28, Page 98, Public Records of Pinellas County, Florida, together with abutting right of way along Parkwood Street (ATA ANX 01-07-21) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3, This ordinance shall take effect, immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6885-01, and subject to. the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL - READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Appr ved as to f Attest:' Leslie K. Dougall- s Cynthia E. Goudeau Assistant CO Attorney City Clerk Ordinance No, 6886-01 V-1 i 1 1 1 .1 R ?u CLAIRE DRIVE R 7 C3 PARKWOOD STREET a Li 1 0 5 RU %op 'T WOODBINE: STREET Gp4Q?, OR t R s O 4 SPRINGDALE t STREET 0 1 11 fr ` C R L' WO OVERLEA STREET z Cp GG :cc R/45 w ENGMAN STREET D?ytiV6 --- --- ---- RIF LA Skt[ sr -'-- sn R ADIvfIf3AL WOODSON LANs ? 'u ? ?- COUNTYWIDE FUTURE' LAND USE PLAN MAP _ NAME: MONICA O. PLANGE 1325 PARKWOOD STREET PLAN DESIGNATION: RESIDENTIAL LOGY ATLAS PAGE: 269B SEC. 10 TWP: 245 RGE: 15E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance NO. 6886-01 i 11 2nd Reading ORDINANCE NO. 6887-01 AN ORDINANCE -OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE NORTH" SIDE OFF PARKWOOD STREET, APPROXIMATELY 460 FEET EAST OF,BETTY LANE, CONSISTING OF LOT 17, "BLOCK g, PINE RIDGE SUBDIVISION, TOGETHER WITH ABUTTING' RIGHT OF WAY ALONG PARKWOOD STREET, WHOSE POST OFFICE ADDRESS IS 1328 PARKWOOD STREET, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE MTE. 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 17,'B1ock "A" , Pine Ridge, according to the plat Low Medium Density " Thereof, recorded in Plat Book 28, Page 98, Public Residential (LMDR) Records of Pinellas County, Florida, together with Abutting right of way along Parkwood Street (ATA ANX 01-07-21) 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. 6887-01. PASSED ON FIRST READING' November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K, Dougall-Side Cynthia E. Goudeau Assistant City.Attorney' City Clerk, Ordinance No. 6887-01 1• 'Sy 5 3 6 7 4 9 /?t7 •7 ¢f rr f{{ O R.. ti a'7 E P .a • •.l .. _ '•r}. ??? O q .. ?? Y i ^r ^j "r „f i c?'f h ?e rp O > 41 o TERRACE ROAD?? o R C-I .. -.'^ , LLJ •'1 1,R r •ti ti cR 'A C'r cry T111y lx waf w ,!t3?0?2:+; 'I 1? I? I i:7 }.l I S ?1? '11 ?.IVRVEY 3 1710 17 tea., :`???'o BET I iLA E_ I rs ?.> Is 12 11 io 9 .`','t,•,,-•,` `.R 17x17 [HE?GI-STS 30-L981 , ??_..___ ? •_ sn 1:0.4 I I IBS 2 3 I j of p W L? •17(10. ,,? ., - ?: ? t ?.._.? -- --- .1 FAIRMONT r r STREET .60 gRIVE ::' L, I C7) m A P23.j ,;; iS?tl ,. L + ?.r•! iYf 1 C lf295; r ?..?i-I!at OD STREET r; 2 `:7: *'isje o Pi4R'4 ?C C1e":r.2 (2D 1612 1 LIJ ?t608 10 11 13 ia i6 15 t4 ,3 i0 9 fi `'yf gyn..,?:?r'Grra R., e,3 Cn fn !2 ? t 'y frFrys 's:i' 5=;' WOODBINE STREET n en N in :; 11 3 t W i ' ;?''"?l1?:?u:-r?,• '? -,rte M .t q i ?t ••f•j';p N• Ily9} .'? -?3 /'ice{1 13 !l ?! rl? 5t. ,]S :012M _.53 I: 70 1.tX11! '.? _..._,. c T5 200 '.....-.'.-"."1-..... 1• Z ?? 511 oSUJ 1 cI (J 1 ' 1 5 :1r v ?• 1 15 I f 1 18 ?r t 1 10 9 i g5? ?] i 2 f3? 1 o 16 15 i y 1\ t?? o `. 11`l a SPRINGDALE STREET f, In 6 1.1.7 o a o ,n ?+ 43 -. -r ?. -. rn ( ut 'a 'A a i R 2 3 4 5 4 3 2 :26" 27 1ri 1: : coum y 5!, G. . C3. It ,OT ?, 7?s 1•J1R :1 1.17 ? . . I PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Monica O. Plange J. CASE: ATA ANX 01•-a7-21 t ------ d St -.__...--.. - _.PROPERTY . SIZE (ACRES): _.?._ 0.18-_........?.. SITE: ree 1328 Parkwao ROW SIZE (ACRES) 0.10 ZONING LAND USE PM: 10124115171604100110570 FROM: R-01covn1Y Rosidentlal. Law ----- „?_ _ -_---?•--.. ?_.. TO: LmnR Roeldenllal Low AT4AS 2000 PAGE, Ordinance N 0. 6887-01 165 r. ? •C+ n ? 1S 7r) tQ 1619 11 0 ..: e.: 13 14 ? a, '1.5i.'F• .i..r? t6 "??+?FE t3 ?+ir Ni ?••I?-f 1$13 ' ? :': '"'? ' ?;.•. ? ., ? ' S' ... fc'M1. f•1 ..?• ;,;??.Y?. G .•11k, irk ? t r. 1501 y ? z I 'r I .r T .R lil ?? M ?) M ? J •1 n' Cn .. ?O ti a p'] 1x,10 I 5 5 7 S , 53 _ 1G00 16 10 Ia t5 t3 ,2 31 9 a -? 4 M L4J ti +i 'n 0 ? ,O ? M q ? ? t`i s°y ? 1 H6, 2 ts6, 3 196 It 5 7 d ,: 1• 20 25 .1 1508 Sl I]1 ,71 5 125 :Sq d > 41 o 1 0 ? <'! +n 4 y m ?n 1 _ ORDINANCE NO. 6888-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1712 EL TRINIDAD DRIVE EAST, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. CZ7 2nd Reading 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 appit;able 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 4 and .the South 5 feet of Lot 5, Block 2, Virginia Grove T errace, according to the map or - plat thereof, recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida., (ATA ANX 01-07-22) 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 hereto, with the Clerk of the. Circuit Court-and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner A ved as to for p. J, . Leslie K. Dougall-Siddzj Assistant City Attorney Attest: Cynthia E. Goudeau City Clerk Ordinance IJo. 6888-01 ,? .a.¦..,a,1 .. r?? / J J _ l i ,J.l • r. ? 1771 I r i i7 177:'- ?? ( l719 13 1: Sr i7171 1: 1. tD ? tf77?t r.rs? -?- r7J;r3 ?r 1-.str Q' 174$ , _ 'r^54 9 11756 13 ;III?i1 W 13 Cr a --- --I - 04 12 12 U }use t'3 I r??'J . t Qnr I.-FU ° rr 1747 J7t! IL 4715 19 ?` 4747 1718 1 ? 1 1759 " 12 20 795 C0 W 1 I. !741.20 M , . r 2? t t rxscJ .1-55 17.71 >_ I r z 1711 F !7•L n 04t _ MOO 47541 11 r J 75? F, 11 T 10 z ; b 21 21 1C3 ?t 10 i0 10 21. 17j7 1`26 1737 ? 1737 41:36 4115 co 1(r-JJ 4717 17t8 11yl15FICITA ` Q' . 2 ? 17343 - su VRY 1 0 2 V z?i` `AIL ,! t Q 22 r7^3? > 1732 t733 .? Q ! 1732 Q f7.39 1Q 1:37 >? w 23 O 2`3 z r?, ' 23 17 g5 fat 4729 1728 1729 17-" 17113 2 ?-?i2A 47.111 8 4733 - : W e 24 T 21 f ,' . 724 .L ( 1727' i 2 y ? + 1 rJ = 1731 !'y5 17y5 24 1721 7 ! _1 ?1 l 1721 7 7 b \ 1 47.1 a rtM- 1 25 ? 6 2' ;, 2A 6 ?;ti0 r,? 1 17es 5 ?' mar/ 6 r r; 2U 1729 J \ 4724 r - --.---•r ``? '? 4716 -26 4749 471726. J7! 26 1716 5 d r; 15 (!-,A 5 `J 1 2 3 4 5 z r? (!1 27 < `L 11K 1112 r Cc 4 4pa Z 27 27 .nr :J ?? rJ J7J2 ?, O 1713 1712 1718 V ` Q lily M fq?! rl r7r3 ST JOHN 28 3 .28 3, CD 3 l7o9 -1-08 17(15 z 170-1 1709 !1109 4709 1740 1711 ? ? ? s2) n t a1 c/ nJ 8 rJ 113 • Z .29 C\2 2 7 Q6 _ z 6 b '29, ? ' J7a4 2 c 2 ': COUNTY 1705 r7Q1 1705 4709 + 30. CUARVOA TEr ?-+ Q t c -7', 1700 170105 • J R5 7 9 1 r? 343 t U 30 ° , °o _ 1 1 1 ° a , v 70! r 1700 n'6 1701. ?, i oo 17n0 33 33 L4 S4 Cl N.E. COACHMAN ROAD S. R. 5 9 0 C, ° In .t vhi In 60 -50, so 60 . 60 n 21 1)0 4 1617 4 S ci 7 g 9 10 t 39" 161. 1613 4912 1613 1611 Z r9 22. 33'. 2 1631 19 18 16 15 1•. z' 38 reo 4909 160 w• r6os S 17 Y I 13 23 :: 32 ......w a n n ?:,, n J 1641•. ??.Y$.-.. Z Z 160.1 . ?, 1605 , r60f '? ' 1$05, • ? ;crr KUMQUAT c p 37 17. 24 31 CD _j ???? z rso3 0 1601 I ca 7 ` p n { h ; n of n - is nl ? fJ cJ :+ 3 4 N N 5 ? ? ry Q rs 30 4904 z 35 16 5 ?. 4600 Mz 5 C - 4904 C Jszr ? , t 5 r6 Q 161776 29 M6 V 1517 V1 (j I -?'r h I rasa OVES - I 33 151, 1,42 10 15N t.L 1 T 1 1 r f7 t 4 54 `7 7 ?$ rs1,. ( g ? •, •r a ? ?r 9 ? ?- ?`S Y r 1. h I I I ?r { f ?,j ZI ? =J 1 CI t :J t? nJ ? 11513 .j.t ? t^t - ., PROPOSED ANNEXAT-10N AND ZONING CLASSIFICATION OWNER: Anne Marie Wedeman - I CASE: ATA ANX 01-07-22 1712 El Trinidad Drive East SITE: ! PROPERTY SIZE (ACRES): 0.18 =0NINa LAND USE 1 PIN: 05/201115 04320100210040 FpOMIt P-7 !•County Flosidontlol Low TO, LMDA pasldontiai Low i ATLAS 204A PAGE; *silat?Y1??CTA1?Wt'I?1Ll'?X[Jt'»L71T.stZ I. Exhibit A Ordinance No. 6888-01 end Rea ' 9 ORDINANCE NO, 6889-41 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO -DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF 'EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1712 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING. AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the'City as set forth in this ,ordinance is found' to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, BE IT ORDAINED. BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater 'is' amended by, designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Property Land Use Cate go? Lot 4 and the South 5 feet of Lot 5, Block 2, Virginia Residential Low Grove Terrace, according to the map or plat thereof, recorded in Plat Book 37, Page 29,. Public Records of Pinellas County, Florida (ATA ANX 01-07-22) Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3, This ordinance shall take 'effect immediately upon adoption, contingent upon' and subject to the adoption of Ordinance No. 6888-01,'and subject to the'approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of' Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to.§ '163.3189, Florida Statutes. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Appr ved as to for Attest: Leslie K. Dougall-Si Cynthia E. Goudeau ' Assistant City Attorney City Clerk Ordinance No. 6889-01 COUNTYWIDE FUTURE LAND USE PLAN MAP _ NAME: ANNE MARIE WEDEMAN 1712 EL TRINIDAD DRIVE EAST PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC.- 05, TWP: 29S RGE: 16E COMMUNITY DEVELOPMENT BOARD:' October 16, 2001 Ordinance No. 6889-01 I If 1 ORDINANCE NO. 6890-01 2nd Reading El , V AN. ORDINANCE OF 'THE'CITY OF CLEARWATER; FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL_ PROPERTY LOCATED ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF. STATE ROAD 590, CONSISTING OF LOT 4 AND THE SOUTH FIVE FEET OF LOT 5, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1712 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDEN'T`IAL (LMDR); 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 OFTHE 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: Pro Zoning District Lot 4 and the South 5 feet of Lot 5, Block 2, Low Medium Density Residential Virginia Grove Terrace, according to the map (LMDR) or plat thereof, recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida. (ATA ANX 01-07-22) 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 adoptim, contingent upon and subject to the adoption of Ordinance No. 6888.01. PASSED ON FIRST READING November 15 , 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J Aungst Approved as to farm: Leslie K. Dougall-Sid Assistant City Attorney Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 8890.01 i r "71 1772 C L, N ?u x771 1 4 13 t 5.618 f` X13 r;srigr m i3 r77u 1~r,;?- - III 767 17511 i 1 ? 1744 1745 1 2 17- 1740 P 175x1 4 21J? 174! ?? m 2{7 t R 175:i W 7Br .a 6766 -E., r7.101741 1st i?l}F0 21 IQ 21 10 p? 2E 10? 1?J 21 1Q ¢ ?r 173 7 1756 J ;P37 1 _ 17.77 1745 L' ] 174 1748 iws is na'ir S` 1746 W ro{ '??- r75J 9VRY[Y 22 9 7 2 a ? 22 1733 -r? 177 1.33 173 O lTiJ Q 17- J? 8 a 23 5 1723 0 1728 1727 2-3 1711.9 62R, 23 8 n - ' J y7S/,t 117 77yA l7? 1731 W,1 1735 rr-+ 12 24 -24 7 P4 7 p 1724 17,-5 _ 1725 Q 1724 1729 ? I 7 ?73p 1 ? Y1 7:,+! ?? J721 L__ 174!1 E173'0 25.41 o 25 ?q 6 1720 f 17,5 c G rti M 1720 l7 20 ,ti• ij ' ? .25 25 r716 2? 5 n 671: 5 y , ; MS kid2 X 1 J w :r7 J 1716 1717 171 ? Q rn ., 4 . z Q) Cal 27 .} z?, rr LMDR r? A 4w ? N + ? i r+ z 1712 27 ra 6,12 1718 p 1715~ 1713 _` iRilsRi J . 1713 ?- 1 ST JOHN -r 28 La Cn rj 1 3 3- 1709 -1708 1765 Z _ !70! 1703 Cq 1709 1703 6714 2 .29 CV 2 01-71 2 . 705 29 -' f704 C0k1AifY 1705 ' 1701 171)5 1700 k...r CLEA4VIATD ? ? - ? t ?? 1766 71 :so i o 30 1 30 70! 1760 66- 170; Ll '? of $Fi w 1700 33 33 F,q 176! nr T rj ! y 1 M 1i?7 2 ' s+ }. 10 1"01O 3 7 a ; CJ -yw N 'N N cl ? 'I m N.E.. COACHMAN ROAD S. R. 5 9 0 „? n ai M ^ 60 u? 0 50 50 tin 03 n N 01 ^ cnv siv zi9 Co 20 "' 21 3•} N k1r, I', } m 4 5 6. 7 9 10 i 1 1x1 161:1 1614 y 22 33 ? > 1031 } ?) t l G 15 1 13 1c6,00 r%ou °i1 5 Teq 64 17 ?' el ¢ Iclr 18 23 32 g i-j el "6`x04 ¢ 1£.05 !find 11,05 ' KUMQUAT' 37 } 7 -' 14 ? 31 '} CO rr;ir "T ?? of ty ` p rsus lro rsa„5 30 pr z 7 N M h n ?.?, J--? 1 ti z Jraa 5 ' 11, N ?, r q °r 15 1 3v 151s 0 1567 1516 29 r5r7 vai 1 _ 3 } 5 t? U 15 ca 2b, RO VAS ?"r - - - r;;5 mf 1512 10 15x6 1•}?+ I3? 1 11 IO 5u 27 ?-$ 1 ( 2 M r; h• r 4; ?o b n F ?? i, (? 1h n n n n n n r. N N 151:1 ,.l ??~ ` ?__ .- _ •?\ N N vrl CT? PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNIER: Anne Marie Wedeman CASE: ATA ANX 01-07-22 -'- - - -SITE: ._. .__1712 El Trinidad Drive' East - ? PROPERTY' SIZE (ACRES): 0.18 zQt11Nq LAND USE ) PiN; 0512f1116fOd32o100_r0od0 Fnam: i1•3 1 County fiosidonfiai Low TM Lmon rioaldomial LOW ? ATLAS 234A PAGE. uxna-nirwu?us'xs-?s.Waco:=?•car.1':.?usrrLx?--larw?.cr? ? ry.r'?5.?;::>r.••,rrmrcu?ass?r.?v?r?:??.. ?:cr?rer?r?s:•r.esarsa? Ordinance No. 6890-01 -a - ,,?7 2nd He?cfing ¦'. ORDINANCE NO. 6891-01 AN ORDINANCE OF THE CITY OF CLEARWA`I'ER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ' ON THE WEST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590; CONSISTING OF LOT 5, LESS THE SOUTH FIVE FEET THEREOF, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1716 EL TRINIDAD DRIVE EAST, 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 5, less the south 5 feet thereof, Block 2, Virginia Grove Terrace, according to the map. or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida. (ATA ANX 01-07-23 ) 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 hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL' READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sides Cynthia E. Goudeau Assistant City Attorney City Clerk Qrdhance No. 6891-01 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Jacie S.Wiegand CASE: ATA ANX 01-07-23 SITE; 1716 El Trinidad Drive East PROPERTY SIZE (ACRES); 0,17 -- _'_ zar+ltla LAND USE nlN: 95129r1 cr1) 43201002r0050 ^-- FROM: 4.3 1 County Rosidunllal Lam rQ• LM0R 7nsW-owinl Lam ArLArJ 2644 PAGE: ordliv.incu No, 6891-01 ORDINANCE NO. 6892-01 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND'USE'PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE . WEST SIDE OF EL TRINIDAD DRIVE EAST,,APPROXIMATELY ' 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 5 LESS THE SOUTH FIVE FEET THEREOF, BLOCK 2, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1716 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF, CLEARWATER, AS RESIDENTIAL LOW; PROVIDING' AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan now, therefore, ' BE IT ORDAINED BY THE CITY COMMISSION OF THE, CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property, upon annexation into the City of Clearwater, as follows: Pro ertLand Use Cateoo[y Lot 5, less the south 5 feet thereof, Block 2,, Residential Low Virginia Grove Terrace, according to the map ' or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida. (ATA ANX 01-0723) , Section 2. The City Commission does hereby certify that this ordinance is consistent with the,City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No, 6891-01, and. subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by -the State of Florida, as appropriate, of compliance with the applicable requirements 'of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING November 15', 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Appr d as to for Leslie K. Doug alr-SldJe'_' Assistant City Attorney Brian J, Aungst Mayor-Commissioner Attest: 5 Cynthia E, Goudeau City Clerk Ordinance No. 6892-01 y ? n o I L L c? r _r z a a x 0laN: TEPRACE w R,1 ?? tJLU 619 Mf n ? ti ORWE 1 q p O O R • L v, z a to Q u "' a S o w Q to z +- Cr Lp RU 1 w _ w } a Cr z L•f O n a Ul R ° RU CO L:3 Cr u z cr - in r S= JOHN w RU R i-T COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: JACIE S. WIEGAND 1716 EL TRINIDAD DRIVE EAST PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 264A SEC. 05 TWP: 295 RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance No. 6892=01 2nd Reading 32, ORDINANCE NO. 6893-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE. OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF' STATE ROAD 590, CONSISTING OF LOT 5 LESS THE' SOUTH FIVE FEET THEREOF, BLOCK 2, VIRGINIA GROVE ' TERRACE, WHOSE POST OFFICE ADDRESS IS 1716 EL TRINIDAD DRIVE EAST, UPON .ANNEXATION INTO THE. CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL : (LMDR ); 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 1T 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 5, -less the south 5 feet thereof; Block 2, - Low Medium Density Residential Virginia Grove Terrace, according to the map (LMDR) or plat thereof as recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida, (ATA ANX 01-07-23) , 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. 6891-01. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as.to form: Attest: Leslie K. Dougall-Si e Cynthia E, Goudeau Assistant City Attorney City Clerk Ordinance No. 6893.01 PROPOSE ANNEXATION AND ZONING CLASSIFICATION OWNER: Jacie S.Wiegand?- ---.'`CASE: ATA ANX 01-07-..23 i SITE: 1716 El Trinidad Drive East PROPERTY SIZE (ACRES): 0.17 i ZONING LAND USE PII?: g512Dl1Glfl43.gl00?10Q5A _ - FROM: R-3 i County Fiosidonllnl Low TO: LMdR RusldnnNal Law ATLAfa 204A PAGE* s 2nd Reading B2 I' ORDINANCE NO. 6894-01 AN ORDINANCE , OF THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE FAST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY '220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT .4, LESS THE EAST 32 FEET THEREOF, BLOCK 1, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1713 EL TRINIDAD DRIVE EAST, 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 applicalte 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 4, less the East 32 feet thereof, Block 1, Virginia Grove Terrace, according to plat thereof recorded in Plat Book 37, Page 29, Public Records of Pinellas County, .Florida (ATA ANX 01-07-24 ) 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 hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified' copy with the Florida Department of State within 30 days after adoption. PASSED ON FIRST READING November 15, 2001.. PASSED OfJ SECOND AND FINAL READING AND ADOPTED Approved as to form: - 2z Leslie K. Dougall-Sides Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6894-01 17 co U1.i 17 111 1 4 1776 # 17 t-t i 14 E2 LCD ?' t 1755 1751 17ed ELI ` 17; f r':t--- 17,19 ?. 3 1751 1 i f7;11S 17f.'8 31 } 18 iF? CD t4 13? 13 .t77o i r- W 1:S 3 1710 77$0 1. ..5 12 _ t 9 171,5 i r i _- > 176 4 T ^,o 171,1 30 t 46 1 1753' 1 l ?•i Q 175K w m r7?5 19 L? 1747--rs 1718 12 _, 1 !7^-^ f >_ E 17<s5 ^<} 2 M W 11 < 11 _1758 1r5? W 1.5 D Ems' _ 1741 R co 1740 r7 11 t tj 175\1. ? 20 ? N 11 1 O ? - 1A1e' 7iti? NOT ?_ 51 - 21 1 U ` ?? 10 10 U?A ! 5t Z,9 lr 1737 1731 1736 fir$ 1C? 7 mc_` - 1.11 a I ? 22 3 ',z u e ?? 91733 173.' O i 1 r 23 2.3 8 ?3 3 1729 1728 O 1729 1728 1731 + ?•3 `° 4 ?` 1724 1727 ? Z '2 4 .7 7 2 17ZS 1725 T?24 1?0 1729 10 ? J 24 25 17,..J ? 7• / A 6 25 A s ° 6 6 17x5` ,t 1ity i t/ 1720 1721 17rCf Q? 26 , cg LLJ 1717 6 Z 51716 r" l?16 r 5z 1 2 ?} J 5 /1 :`_ ys 1717 O .. 17152? i? p .1713 27 U 41712 .. LMD1i5 U ?+ Ea?ir? 57 JOHN k 1705 gF? -1701 170928E 70 n, 8 Fi! 17011 7701' • 3 1714 1711 ?It??', ; U LN 14 r+ °o 2 ? b $ N 10+ 1" i6 18 29 L1t 2 .29 2 2 • • COUNTY 1705 "? r7t7J '1705 ' !7116 ? - ? '`? 13 15 E. RY1A Tr:;. Lo 1 1700 r; ar . 3 ._:7. 9, 1 1 17 iQ .b• 'w!Q a..1 t, t M b a ? nl n n. 66 1701 0 N' 64 N f700 33 33 N GO N N N L. ?. c, ?+ n -- 3 r N.E. COACHMAN ROAD S. R. 5 9 0 u 030 y °? nr 50 .. 60 ry 3 !? 4; fr h l? d ry^ N T ? S; v1 7 n! "'N N N N J?N LV 3 N 21 3'1 'sN .,. .1617`1 4 N o+ ^N, 7 f3 9 10 1s1, w rcr3 161z. W I613 1G41 D , Z i I - 19 ; • z 22 .33 12: 2. O rs:?l ? 1609 X 5 W fti? 16 15 .1 k 1.3 N z 3$ rho 1609 1608 CC ?A 1611 r-7 i 23 32 , .i `? N N 160• 2 1Fa5 160 ! 1605. Lr5 3 QLlAT Q? 160537 _ 17 O 2'1 _ 3t r1+Q z 16 vi 7A 7 'o n +rr ^ 1 cso v 1so25 m 30 0 0. f 1601 ? ? 5 N h ry 36 1600 , 161!1 Ell + V521 1516 1517 1516 -' 11 A A 5v i 8 5"r 15 26 29 1517 6 Z tr?N 35 C`rsr 1572 (? 11 ?,.. L8 1 r ! Ll, r f s17 ,7 13? 11? 11 of to'a n, ,J ? ¢ ?t; 50 1- PROPOSED ANNEXATION AND ZONING CLASSIFICATION 1 OWNER• • Willard S.Prewitt & Donna M. Prewitr CASE: ATA ANX 01-07-24 - SITE: 1713 El Trinidad Drive East TPROPERTY SIZE (ACRES): 0.16 ?ZgrJING?.~-_?-?..?_ - LAND USE?? ? l PIN: 05/29/19194a2Qf001r0040 FROM: A-3 1 County Residonllal Low ?q: LMDA Rosidenlial Low ATLAS 284A PAGEr Exhibit ,A Ordinance NO. 6894-OL ORDINANCE NO. 6895-01 2nd Reading 3q AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STATE ROAD 590, CONSISTING OF LOT 4, LESS THE EAST 32 FEET THEREOF, BLOCK 1, VIRGINIA GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1713 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive'plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive plan; now, therefore, E BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,.FLORIDA: Section 1, The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter described property,` upon annexation into the City of Clearwater, as follows: Pro pert Land Use CategM. Lot 4, less the East 32 feet thereof, Block 1, Residential Law Virginia Grove Terrace, according to plat thereof recorded in Plat Book 37, Page 29, Public Records of-Pinellas County, Florida (ATA ANX 01-07-24 ) Section 2. The City Commission does hereby certify that this ordinance is consistent . with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6894-01, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government, Comprehensive Planning and Land Development Regulation Act, pursuant to § 153.3189, Florida Statutes. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED . Brian J. Aungst r Mayor-Commissioner Approved as to for Attest; Leslie K. Dougall-Sid s Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 8895-01 ' TE RRACE DRIVE _. w ., w w 4! a W a w "> 7 fr. C o 1 r z w O Cr F^ z 0 Q P A LT - - . in L --- x RU 4 z '--- a --•-- z } z (X o t i ? W ST JOHN ??-- w --- --- EZU I RU COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: WILLARD.S. PREWITT & DONNA M. PREWITT 1713 EL TRINIDAD DRIVE EAST PLAN DESIGNATION: RESIDENTIAL LOW 'ATLAS PAGE: 264A SEC. 05 TWP: 29S, RGE: 16E COMMUNITY DEVELOPMENT BOARD: October 16, 2001 ' Ordinance No. 6895-01 ¦ i AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF -THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF EL TRINIDAD DRIVE EAST, APPROXIMATELY 220 FEET NORTH OF STA7E ROAD 590, CONSISTING OF LOT 4, LESS THE EAST 32 FEET THEREOF, BLOCK 'I, VIRGINIA . GROVE TERRACE, WHOSE POST OFFICE ADDRESS IS 1713 EL TRINIDAD DRIVE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); 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 upori annexation into the City of Clearwater, and the zoning atlas of the City is amended, as follows: Property Zoninc District Lot 4, less,the East 32 feet thereof, Block 1, Low Medium Density Residential Virginia Grove Terrace, according to plat (LMDR) thereof recorded in Plat Book 37, Page 29, Public Records of Pinellas County, Florida (ATA ANX 01-07-24 ) 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. 699401. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL- READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to farm: Attest: Leslie K. Dougall-Sid Cynthia E. Goudeau ' Assistant City Attorney City Clerk Ordinance No, 6890.01 1 7 01 4 1 7 J 't t t 1776 yg 1 r F'1.' I 1 It 1735 1763 CQ 176.1 4713 13 173f 1,w rr4 7,5 'i7 = ff 13 GD 13. 1? 1770 ?3 I Y _ 1760 1 1750 17:56 J7S., r` `i n I I .•--?- - - ] `"'«1- " ? _ .Ifs 1 a 1746 , 19, I ''7 1174 t 7 4 1- 1(Y;61 Q r75n w 12 170 -? 19 -1 tL 1:45 1 172 1748 ?12 1? ;1763 _ 4Q 1711 W 1 t 4 _ 175, 5 :756 1754 17745,7 ?.5. 4 c r,., 20 t 1 t i 1752 1 7+.; H t t a T, 4d 1741 1x 1740 1751 1 t •'71 10 V 10 10 ?! ?? %? rMSlt Nqi? f737 - 11771 f,36 1715 1r p%?'! rS 74, 17 cli (ki -_ - r 22 C`TU U 773 ?! 1I 1746 ' 1733 I? s 9 r73z O 11734 9 22 O ?r,^37 1 t7? L r -rim' LC 23 08 c 2i J? 0 1733 17<9 1729 1726 1731 4 r ,; 0sL ?i 1 `;? 9 Z5 ,. 1724 '727 "z I i 1 7?7 24 1725 7 17224 7 1724 7 1723 ? 7 13'o y i, f7 3 I C ? ? t 4 17-21Z5 =r 0 1721 rrzn 25 A b r; 20 <_ 12 r7?r `? n ?s 2 b 1715 26 Qi Z Z 177" 7 S1i} 3 1 _ T t 5 y 1717 ;717 1716 I C s?12 1 x c 4 a r ?./ry67 ?. 10' CA < 4W 27 4. Z5 L3, o ' r. is - z • .p 1717. 27. C7' 41:12 ? LMDA S T71N 17 ?cr?f ?- ST JOHN }765 218 170.1 •+ f70U.8 `r7og t711 1711 ?? ? ?(? ? + .1aNE tfiN n 1709 i8 c T n< t 4 i 2 1 23: r 0 2 4 29? .7 ' 7 COU1 TY -' 1705 ? 1704 '170 1 r766r CLEAF1Yd F I--1 © • 1700 1704 O ' 3 ,r 9 11 1? 1 J 17 30 17 Cl C 17 "'7 N 66 w 1700 33 33 ' N . 60 x ry 66 1704 N.C. COACHMAN ROAD S. R. 5 9 0 s n h'. n vT n 60 60 ti h n w Q 20 N' w 21 ncai 1 3 ?? N 34. 7 "8 9_ 10 ll 39-N ,., 1617 3 i ? 1 I .1613 161P. .1619 1641 1 1 , 2 jg •.z 22 ' ..33 .-. z` 2 Ca 1631 tAJ 1c, ]5 14 13 z 3L Js0 1603 180 rsoa.. 5 t h •, 1Blr '? 18 2 3` :}- 3• 1621 cn1 ' ry N 160 Z . x605 4I 160.1 1fi05 QUAY. 37' 17 74 Wf 31 4 co m 1641 7? - 1805 60 U 1601 Q r m 7 to ' V7 LIZ u h N N ry N N 4 5 6 7 1 25 Co 30 U rb0 CO N `? ] b Js00 5 16111 ?? szl 36 is 16 151726 29 lsr6 1517 r ? t 1 A 15 6 Jsss N I . . i I_ 3 T5T 1ST2 I Q~ r p ` ? ? .a 11 ]3 I 1] 10J n 14 y 5 97 28 ?r r3 Q" C! T '7 .r L r N L 0 7 co w I a: / (1 r PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Willard S.Prewitt $ Donna M. Prewitt CASE: ATA ANX 01-07-24 SITE: 1713 El Trinidad Drive East ; PROPERTY T SIZE (ACMES): 0.16 ZONING LAND 113E Pink 051271181Bd3201001J00aG FROM: R•3 1 County Rosldontiat Low TO: LMDn Residential Low I ATLAS 264A PAGE: Ordinance No. 6896-01 2nd Reading ORDINANCE NO. 6897-01 AN ORDINANCE OF THE CITY OF.CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE . . COMPREHENSIVE PLAN OF THE CITY, TO CHANGE THE LAND USE DESIGNATION FOR CERTAIN REAL PROPERTY LOCATED ON `THE NORTH SIDE OF WOODLAWN STREET BEGINNING APPROXIMATELY 760 FEET EAST OF MYRTLE AVENUE; 600 FEET WEST OF GREENWOOD AVENUE,'.AND ALSO APPROXIMATELY 250 FEET SOUTH OF WOODLAWN ON . PROSPECT AVENUE' AND -400 FEET SOUTH OF WOODLAWN ON TILLEY' AVENUE, CONSISTING OF A PORTION OF PROPERTY LOCATED IN M&B'S 32102, 32107, 32108, LOTS ELEVEN AND TWELVE, BLOCK C,. 'SECOND ADDITION TO BELMONT SUBDIVISION, AND LOTS 43 AND 44, BLOCK C, SECOND ADDITION TO BELMONT, WHOSE POST OFFICE ADDRESSES ARE 832 AND 826 WOODLAWN STREET, 1517 TILLEY AVENUE AND 1520 PROSPECT AVENUE, FROM RESIDENTIAL MEDIUM AND RESIDENTIAL` URBAN TO INSTITUTIONAL; PROVIDING AN. EFFECTIVE ' DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan-of the City as set forth in this ordinance is found to be reasonable, proper and appropriate, , .and is consistent with the City's comprehensive plan; now, therefore, ' BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWA-fER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of Clearwater is amended by designating the land use category for the hereinafter-descrii)ed property as follows: Pro pert Land Use CategM See legal descriptions attached From: Residential Medium Residential Urban (LUZ_ 01-08-06) To: Institutional Section 2. The City Commission does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, subject to, the approval of the land use designation by the Pinellas County Board of County'Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government. Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. The Administrator of Planning and Development Services is authorized to transmit to the Pinellas County Planning Council an application to amend the Countywide Plan in order to achieve consistency with the Future Land Use Plan Element of the City's Comprehensive Plan as amended by this ordinance. Ordinance No. 6897-01 WATER R/OS RM 11 11 1 1 111 .. .._ ... 7._.. ._ _.. _... . 1 f l / 1 1 1 1 _ _ . :----- ... R - x - .. --- 77 K U44 CG 1 1 R 1 YCANPI 57 R/OS a .. .. W - S N • ; 1 IAI ; ? Y ? S 1 { 1 HOWARD -INS L) 6G •-- -- --- Lr N .. .-- .._ •.?. ---- --_ .. His . 1.1 ` ....... .. C.G _? Ru G - 1 l L- C _ 4 l Al L1A $F ............. F CG y RU / C a r11 zmm ! 1 CI ? . I 1 1 1 1 I 7 ; f { ?L 1 1 ; 1 w 1 (? ._ --• in ?/? - G- C 1 -- o . a 1 ' U RU I 1 ; O .. V1 S¢rF N 1- 4/1 S ll F ^ ?N { f COUNTYWIDE FUTURE LAND USE PLAN MAP OWNER: Woodlawn Church of God CASE: LUZ 01-8.06 SITE: 832 & 836 Woodlawn St. & 1517 Tilley Ave. PROPERTY SIZE (ACRES): 7.9E & 1520 Prospect Ave. -__ _____ ------ '^- --- PIN: -2123115100000192010900 PIN: 22120H5ln0000l3«n1070n ZONING LAND USE PIN: ««123115f07038100a1011n PIN: 2212?Jl15100000192010«O0 FFiQM: MDA Raaldanthil Urban t7aald$rtilul Madlum PIN: 22/20115/90041/00012101f PIN: .--1201`1510804110001210. PIN: 221201151080411000, 12 2 01 PIN•.22120115/080411000/2202 I I PIN: 21121)115198041/000/2103 PIN::='12to11510d041/00012W4 PIN. 22129/15108041100012203 PIN: 22120/15108941100012«04 .TO. I - Institutional 120f15 070 " 30100310430 ATL.I15 PA I GE: 314A _ w CC a R?1 Ordinance No. 6897--01 Legal Description of 826 Woodlawn Street - Owners, Woodlawn Church of God Exhibit W, Begin at the Southwest corner of the Northwest Quarter (NW %4) of the Southwest , Quarter (SW t/4) of Section 22, Township 29 South, Range 15 East and run thence North 0°19'55" East along,the Section line, 210 feet for P,O,B. ; run thence North 89°23'50" W. . parallel to the North right-of-way line of Woodlawn Street and to a point on the East right-ofway line of Old Tampa and Gulf Coast railroad 43.3 5 feet; thence North i2°40'01'' W. along said RR right-of way 14,42 feet; thence along a curve to the right and said R.R right-of-way, chord bearing North 8'02-01",W., 229.03 feet, arc=229.23 feet and radius-- 1417.69 feet; thence along a curve to the left and said R.R. right-of-way, chord bearing North 7"35'34" W. 211.69 feet, arc=211.87 feet and Radius 1447,69 feet, thence South 89°23'50" E. parallel-to the North right-of-way line of Woodlawn Street a distance of 108.6 feet to the Northwest corner of the Southwest Quarter (SW '/4) of Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of said Section 22-29-15; ' thence continue South 89°23'50" E. a distance of 552.0 feet; thence South 0° 19'55" W. parallel io the said Section line, 421.29 feet; thence South 89°23'50" E., 50.36 feet parallel to the 40 Acre line and center line of Woodlawn Street; thence South 0022'56" E. 218.71 feet parallel to the 40 Acre line and center-line of Greenwood Ave.; thence North 89°23'50" W,, 205.09 feet parallel to the 40 Acre line and the center-line of Woodlawn and 20.0 feet Northerly therefrom; thence North 0°19'55" E. 190 feet: thence North 89°23'50" W., 400,0 feet to P.O.B. Less Exhibit "B" From the SW comer of the NW % of the SW !4 of Section 22, Township 29S, Range 15E, ruin thence N 0019'55" E, along the section line, 210.0 ft.; thence, run N 89023'50" W, parallel to the North, right- of-way line of Woodlawn Street and to Point on the East right-of-way line of Old Tampa and Gulf Coast Railroad, 43.35 ft. ; thence run N 12040'01" W, along said railroad right-of-way, 14.42 ft, ; thence run along a curve to the right and said railroad right-of-way,, chord bearing of N 8002'01" W, 229.03 ft., are of 229.28 ft,, and radius of 1417.69 ft.; thence run along; a curve to the left and said railroad right-of--way, chord bearing ofN 6053'OT' W, 176.00 ft., are of 176.12 ft. and, radius of 1447.69 ft. for the Point of Beginning; thence run along a curve to the left and said . railroad right-of-way, chord bearing.ofN 11004'40" W, 35,74 t}., are of 35.74 ft. and radius of 1447.69 ft. ; thence run S 89023'50" E, parallel to the north right-of-way tine ' of Woodlawn Street, 660.6 ft.; thence run S 0019'55" W, parallel to the said section line, 35.0 ft.; thence run N 89023'50" W,'parallel to north right-of-way line of Woodlawn Street, 653.52 ft. to the Point ofBeginning. This legal description is a parcel conveyed to the City of Clearwater for park dedication in O.R.'Book 5880, page 341, Public Records of Pinellas County, Florida. I L,*X*,1TER UELLt-VIE; " P./qS R41 CG k.j K IN! CG Inv d ...'a .. LJ '•__ r 3 wGtiCI.AwN ?I, I I 1 1 -- ... ... - - tr ; ; 1 1 I 1 . , - ------ - - :. i ..... .. 1 Ri f- vLAf471, S ?•--$ - 7 _- .. a' .- --- Uj .mac =' -- LL R?OS ? o HOWARD is .. _. . ' CG ......... ..4 CG Ru - [ G H G U w Al a VA s7 ............. CG , - y d RU C ?S re.LKYJ 1 1 7 HU Z L ; . 1 I 1 f ? I I 1 1 1 O ? w -- 0 > 1 z _` .. C3 .. .. ,? I C ru- V 0 ? Q Q .. w In COUNTYWIDE FUTURE LAND USE PLAN MAP ONER: Woodlawn Church of God CASE: LUZ 01-08-06 E: 832 R 836 Waodlawn St. 1517 Tilley Ave. P 1520 p t A ROPERTY SIZE (ACRES): 7.98 rospec ve. 22129I13f000G0/32010 0800 N ZONING LANp US£ : PI PIN: 22/20!15100000!3201 PIN: 22120115107938100310110 PIN:22/23115100000132010200 22120/15100041100012201 M: MOR Ruaidonllat U,ban Raaidenliel #Aedlum PI N: 22120115108041100012101 PIN: PIN: 22120115108041100012102 PIN: 22120115/08041100012202 22/20/15198041f00012203 1 03 N Inalllutional : 21 PI PINT 22120/151060411000 PIN: 22129t151980Atj00012104 PIN: 22120/1510041100012204 PIN; J20115107?y3L'10 ATLAS PAGE: 314A w ordinance No. 6897--01 27 ORDINANCE NO. 8898-01 2nd Reading 'AN. ORDINANCE OF THE` CITY. OF CLEARWATER, FLORIDA, 'AMENDING THE. ZONING. ATLAS OF THE CITY BY REZONING CERTAIN' PROPERTY LOCATED ON THE NORTH SIDE OF WOODLAWN STREET BEGINNING APPROXIMATELY 760 FEET EAST OF MYRTLE AVENUE; 500 FEET WEST OF GREENWOOD AVENUE, AND ALSO APPROXIMATELY 250 FEET SOUTH OF WOODLAWN ON. PROSPECT AVENUE AND 200 FEET SOUTH OF WOODLAWN ON TILLEY 'AVENUE, CONSISTING OF A PORTION OF PROPERTY LOCATED IN M&B'S 32102, 32107, 32108, LOTS ELEVEN AND TWELVE, BLOCK C, SECOND ADDITION TO BELMONT SUBDIVISION, AND LOTS 43 AND 44, BLOCK C,-SECOND ADDITION TO BELMONT, WHOSE POST OFFICE ADDRESSES ARE 832 AND 826 WOODLAWN STREET, 1517 TIL.LEY.AVENUE AND 1520 PROSPECT AVENUE, FROM MEDIUM DENSITY RESIDENTIAL (MDR) TO INSTITUTIONAL (1); PROVIDING AN EFFECTIVE DATE. WHEREAS,. the amendment to the zoning atlas of the,City as set forth in this ordinance is found to be reasonable, proper and appropriate, and is consistent with the City's Comprehensive Plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The following described property in Clearwater, Florida, is hereby rezoned, and the zoning atlas of the City is amended as follows: Property Zoninq District See legal descriptions attached from: Medium Density Residential (MDR) (LUZ 01-08-06) To: 'institutional (1) 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, subject to the approval of the land use designation set forth in Ordinance 6897-01 by the Pinellas County Board of County Commissioners, and subject to a determination by' the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to §163.3189, Florida Statutes. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: Leslie K. Dougall-Sid s Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 6898-01 Legal Description of 826 Woodlawn Street -- Owners, Woodlawn Church of God Exhibit 'W' i Begin at the Southwest corner of the Northwest Quarter (NW 1/4 } of the Southwest ?uarter (SW %) of Section 22, Township 29 South, Range 15 East and run thence North t 0 19'55" East along the Section line, 210 feet for P.O.B. ; run thence North 89°23'50" W. parallel to the North right-of ay line of Woodlawn Street and to a point on the East right-of-way line of OId Tampa and Gulf Coast railroad 43.35 feet; thence North 12(140'01" W. along said R.R. right-of-way 14.42 feet; thence along a curve to the right and said R.R. right-of-way, chord bearing North 8°02'01" VGA., 329.03 feet, arc=229.23 feet'and radius=1417.69 feet; thence along a curve to the left and said R.R. right-of-way, chord bearing North 7°35'34" W. 211.69 feet, arc=211.87 feet and Radius 1447.69 feet; thence South 89023'50" E. parallel to the North right-of--way line ofWoodlawn Street a ' distance of 108.6 feet to the Northwest corner of the Southwest Quarter (SW 114) of Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of said Section 22-29-15; thence continue South W23'50" E. a distance of 552.0 feet; thence South 0°19'55" W. parallel to the said Section line, 421.29 feet; thence South 89°23'50" E., 50.36 feet parallel to the 40 Acre. line and center line of Woodlawn Street; thence South 0022'56" E. 218.71 feet parallel to the 40 Acre line and center-little of Greenwood Ave.; thence North 89°23'50" W., 205.09 feet parallel to the 40 Acre line and the center-line of Woodlawn and 20.0 feet Northerly therefrom thence North 0° 19'55" E. 190 feet: thence North 89°23'50" W.,'400.0 feet to P.O.B. Less Exhibit "13" From the SW corner of the NW 1/.1 of the SW 1/.1 of Section 22, Township 29S, Range 15E, run thence N 0019'55" E, along the section line, 210.0 ft.; thence run N 89023'50" W, parallel to the North right-of-way line of Woodlawn Street and to Point on the East right-of-way line of Old Tampa and Gulf Coast Railroad, 43.35 ft. thence run N 12040'01" W, along said railroad right-of way,' 14.42 ft. ; thence nun along a curve to the right and said railroad right-of-way, chord bearing of N 8002'01" W, 229.03 ft., are of 229.28 ft., and radius of 1417.69 ft.; thence run along a curve to the left and said railroad right-of-way, chord bearing ofN 6053'07" W, 176.00 ft., arc of 176.12 ft., and radius of 1447.69 ft. for the Point of Beginning; thence run along a curve to the left and said . railroad right-of-way, chord bearing of N 11004'40" W, 35.74 ft., are of 35.74 ft., and radius of 1447.69 ft. ; thence run S 89023'50" E, parallel to the north right-of-way line of Woodlawn Street, 660.6 ft.; thence run S 0019'55" W, parallel to the said section line, 35.0 ft.; thence run N 89023'.50" W, parallel to north right-of-way line of Woodlawn ,Street, 653.52 ft. to die Point of Beginning. This legal description is a parcel conveyed to the City of Cleanvater for park dedication in O.R. Book 5880, page 341, Public Records of Pinellas County, Florida. nr } 1, fc ?1 ? w 1 21 O i?nI -! rv Ftl !7I f W InL` ? V e!I ?2 eJ !/? rs iTf7 !! r7 -I -? -?[ 'I 1 :6 1 !5 1. 1 23122 1 .Of' iiN,U ROSS NORTON PARK S / R w K w R >M w !M M r -11 2 n a t ' L ''7 2 1 A I 1 5 6 7 874 6 A? w 1540 9 4 5 4 1 75 ?r f{ 1528 71 le 77 'S it q 1529 ^ ,7 1535 7e 17 7532 a+ 75 is M7- » +a 15 i5 -it Q 1535 )a 1 » 71 '+ U 7• +2 J; l5+0 V 31 I 2^ J 1537 77 :a l539 77 •' 7o VI 1V3 77 71 r54 0 C 77 yr PV6 r!7 141 w w w w MD-K R M 3-2/1-2 _ w w NORTON APTS.- w w I w w w w ° w ,r1 ,wry ? O a w p ?? ti 32/08 32/03 12/04 cv n7 w C) ' r7 w Q i M r<1 w w ? ?• ? a w M 1 4793-1405 c, N N 1793-i337 N R/w F,Ast:. r gi ? q _- --s 3-1497 i? O •733-1397 m 179E- IaW ?±12 ?4# ffiiF,*-ii tFilEf?itE!%w WOODLAWN nn JA o cs h Qf r5 1 40 57 ` / { yj -- C7 m 51 7 l5d? 5, Q1 sl ' I 7 ! a } 7 1 1 f0 rl 17 1) Ir !A 7 SO ] '.-0 { +9 + N a N ! r rr a{ /e 5 +e 1511 ?? ,c +5 1512 .> s { ,: s rsrd 1511 •7 55 fe 1575 +s r a{ * +e ISIS Y ,? 1576 .s y 'S -on 1Sru 'S as - w r ./ 157E as ,1 1519 52 Is 8 a f 71 at +0 1519 a3 ? ML =i:7 w x '• 2 , d W al w fa152d r+ ?t W ar xM 7J :9 1525 15:.3 71 I+ J524 :+ G a7 :/ 15°0 d 152. 1 ,5 Q 1e_ t rs Q _ 1527 7e 3 PROPOSED REZONING AND LAND USE PLAN AMENDMENT OWNER: Woodlawn Church of God I CASE: LUZ 01-08-06 SITE: 832 S 836 Woodlawn St A 1517 Tilley Ave. PROPERTY SIZE (ACRES?: 7.37 b 3520 Prospect Ave. ZONING ?. LAN[) USE P5N:22120/151000001320r0800 PIN: 22120115100000/3xOr070D PIN: 22/291151079381003/0110 PIN. 22120115100000/320/0200 FROM: MDR Realdentlal Urban PIN: 22/20/15198941/00012101 PIN: 22129115198941100012201 preidentiel Medium PIN: 22/20/15198041100012102 PIN: 22129/15/98941100012202 PIN: 22120115103041/00012103 PIN: 22/20115/98041100012203 TO: t Inetitutionet PIN: 2 2129115198 9 4 1/000/210 4 PH:22128/15/080411000/2204 PINS- 22120115107038100310430 ATLAS PAGE: 314A Ordinance No. 6898-01 2nd Reading ORDINANCE NO. 61399-01 . AN ORDINANCE OF THE, CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF WEST DRIVE, APPROXIMATELY, 220 FEET NORTH OF SOUTH DRIVE, CONSISTING OF LOT 3, BLOCK C, CLEARWATER HIGHLANDS UNIT "B", WHOSE POST OFFICE ADDRESS IS 1864 WEST DRIVE, INTO THE CORPORATE LIMITS OF THE CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the real property described herein and depicted on *e 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 3, Block C, according to the Plat of Clearwater Highlands Unit "B" , as'recorded in Plat Book 30, Page 29, Public Records of Pinellas County, Florida.. (ANX 01-08-25) 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 hereto, with the Clerk of the Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after .adoption. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Approved as to form: r u X= C 1? Leslie K. Douga l-Sid s Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6899-01 rt .t 14-10 to 4ry r.7r, .i'1?r /1 rl 40 , InJ 10 :larcr raur, ?/pr 1993 /11671 1918 /G 9 . 1816 'rJI? 1111: I/31 1310 M D:R 's ?- .Wi- .?I 1 y r?ur --• ?! ?l`? ? r ?,:.•?7 , i .5 t •a O 'I ? I ? l ¢ LL 2-1 11'RYF.Y'._'• .. .. r, y .i tr l.11-S• ;i ELIZABETH LA; ti I ERIN LANE 1 .9 1 f, I 'SUNSET ; LAKE ESTATES 13,11 ? a '.? ? _? ' ? •, - ?, _.+ ---._. UNIT I 46L S r 31 SUNSET POINT ROAD C. R. 576 Ica !8'19 { 111J7 199.i 1331 w Z3 rt?n? r-_ fall" Q 16,75 R I ?"? 1883 ' a I r8, S Z :377 1673 18:1 1869 s 1837 QJ' 1867 U] 1865 . 6 1863 rd6i _mnmmmm mm""0'7 77779": t ' lrlr.i 1 83; = I I HIGHLAND SQUARE ;tEs?,varE? r6h•; V4 rJh7 n i n l 7NR11 ^:0 CCU1J fY iflEf*6 i LtL` I ?/8fi9'rr?.r-'r l8ti 7 lRS?`` 111,5 ?1 3 J 1864 2LLJ : r1 rr EMDCE LLI :'1sJ7O r) cr) y"rk 4?5 A'r L'•?;{?c ? ??' ?7 rt. 10'g.;' S.. C-7 tin ` fix 1956 f j !$5,3 n 'ti' T¦°=. yly?? ,f'y`I 118(57 Q ':f•Nr. :?}h"-i. tl; +? JLl LEA iJ i?5 0 I SOUTti'R?tbRl? 185! 5 W ? !7.7 . 'I 'n 111 J 1 ?1 7815 ? - n n ,_ co FRJ1?; r-, I} 1843 - } 1810 a rE 781p 78:18 0 ? t876 3 16:111 '? F•' !. m3a Cj 1835 _ - _ 63 r 11433 rrJ,1t E 18 .. ? 9 4 __ --'-.?'••:j?. !13."51 ¢ I - 1621 1831?? 1111.5 ?is3r I PROPOSED ANNEXATION AND ZONING CLASSIFICATION' OWNERS: Kerstin E. Braun, Michael E. Larry Beard Beard and CASE: ANX 01- 08- 25 y SITE: 1864 West Driver PROPERTY SIZE (ACRES).' 0.24 ZONING LAND USE PIN: 04/2011VI6470r003r0030 FROM:' R-atCatinty Raaidanllal Low to: LMOR Re-ildenllal Low ATLAS 2.61,1 PAGE: a u Exhibit A Ordinance No. 6899-01 ORDINANCE NO.69oo-o1 2nd Reading AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE OF WEST DRIVE, APPROXIMATELY 220 FEET NORTH OF SOUTH DRIVE CONSISTING OF. LOT 3, BLOCK C, CLEARWATER HIGHLANDS UNIT "B", WHOSE POST OFFICE ADDRESS IS 1864 WEST. DRIVE, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS; the amendment to the future land use plan element of the comprehensive plan of the City as- set forth in this ordinance is found to be reasonable, proper and appropriate, and is, consistent with the City's comprehensive plan; now, therefore, , BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the'City of Clearwater is amended' by designating the land use category for the hereiriafteFdescribed property, upon annexation into the City of Clearwater, as follows, Property Land Use Category Lot 3, Block C, according to the Plat of Clearwater Residential Low Highlands Unit "B", as recorded in Plat Book 30, Page 29, Public-Records of Pinellas County, Florida " f (ANX 01-08-25) Section 2. The City Commission 'does hereby certify that this ordinance is consistent with the City's comprehensive plan. Section 3, This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No: 6899-01, and subject to the approval'of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act,' pursuant to § 163.3189, Florida Statutes. PASSED ON FIRST READING Novembex 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Appr ved as to fo Attest: &;7 .L ^ Leslie K-Dougall- i es Cynthia E. Goudeau . Assistant City Attorney City Clerk Ordinance No, 6900.01 Point • in R W U N RL • T/G SOUTH CG. RU RL a RU, - a ea DRIVE Cr C3 RL R ?- r in ul d W 1142 I GREENLEA z RH c? _ Rl ' RL W 1 SAIVOY LANE z W C a fX J .J m 9 ? i rn-??-r°rrrw? m:u--i• r I COUNTYWIDE FUTURE LAND USE PLAN Ai AP NAME: KERSTIN E. BRAUN, MICHAEL E. BEARD & LARRY L. BEARD 1864 WEST DRIVE PLAN DESIGNATION: RESIDENTIAL LOW ATLAS PAGE: 261A SEC. 04 TWP: 29S RGE: 15E CONMIUNITY DE'VELOPNIC-NT BOARD: • October 16, 2001 . Ordinance No. 6900-01 S 'A 2nd Readin OR©INANCE NO. 6901-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE C11Y BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE WEST SIDE, OF WEST DRIVE, APPROXIMATELY 220 FEET NORTH OF SOUTH DRIVE, CONSISTING OF LOT 3, BLOCK C, CLEARWATER HIGHLANDS UNIT "B", WHOSE POST OFFICE ADDRESS IS 1864 WEST DRIVE, UPON ANNEXATION INTO THE CITY ,OF. CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE. WHEREAS, the assignment of a zoning district classifcation 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 3, Block C, according to the Plat of Low Medium Density Residential Clearwater Highlands Unit as recorded (LMDR)- in Plat Book 30, Page 29, Public Records of Pinellas County, Florida (ANX 01-08-25) 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. 6899409. PASSED ON FIRST READING November 15, 2001 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: i Leslie K. Dougall- id ? Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 6901.01 '' Aid ? '? r 'n a d fZ ?, o t.92 7 LLJ 1111,1 1 20 lJ?l j i 1^. .. It I L r !Ja:O i i a o I ' I ? 1 I? : i _ I ' ' t ` iiiis. s Nv n _ ELIZABETH LA - aimr?v- ?`? ER'N LANE SUNSET { LAKE ESTATES . r? 1J011 i i E rcb ' saf? UNIT I_ 46k57 191111 I _ i6 SUNSET POINT ROAD C. R. 575 r, -E.%R'.va TER 1211 s rp rR9!; rQJ7 n II ? 11tH, { 1 '? I I ? rdr, l ' ?' 1111;& !!II SI `i ?Tl n0 s" C4UN,f.Y .. _,+ ., .r:.1L s ?. 1855 ? ? Y? t? 1Y? lag ? C I '? 1/116?:t?i ?: , 1836 W 1691 l6AJ y? ','i~ +lA(i?-Q o r. x. ti s 19,.5 ?I -? 1864 w y 1867 is 7 a d ; teas 1875 :-r ?: 'rDa ~ _ ri+? ?, ?, ' Irsa f ' µ #± L? " ;idGl ,. f' rj ? ' l> i O ,gas L J 167. Ja7$ ? ? 18: t ......... t + t ? s: ??,,'?.:?•5" ' iS •ij "'-?4?-.'-•r ' 1 .y,. fit' • ir^'?" t - rf'lE+' t: Q J ;7 i fs 1 ."•?',it;. ?.. tiL ?1 r- W. t,? . ,• ?: l^ qR • f ? I?GD:•-r ?J'•:i r9 r871? ? t6fiJ .a sir §f :.4k". U' ': $ ~ " 4C :: '??'',tir'' . 8.r7;.? sa ?'.'f„.•+-??,.x,'??:, " raw ?•.iiC'.,? .uu?w.:I ? • :•r,:.?.r ? t..f. ?:.r"'?,'•f''r la1 1818 raa7 a ?t O 485 185 S`iti u.' ?r? x t. x:4? t;.c'.w:y s?65? z gr:+ I L M la5i r. 8 5 J Q /09 E- 0 o DR b a (} w relit - _^ Y rR44 a y S, t' [±r ?.i?.. )s;; 4 YJ 1Q44 I ^ C, 1844 A M u t O JQ45 110 0 Vl 18+4 1 U] 0 - M ? ?»::• 134.7 1 ~t- ` - 14940 ?? 1836 c5 J7 1Q4 I _ ? 836 .4 : J;? M 1841 2 .;E m I E- - 1 l116+ 1 !1 ld i " :' a ? / 1 j ?Q S I f :;:i trj "r , . -- • t • t ?•? ` 1635 - - 1 183 1410 .. reT)........... 111?N , ?? C'a 11 328 : !A t r?__ _ y 1815 152; _• tact d- . r) I I ; r 1 ! HIGHLAND SQUARE -Rolm 4 PROPOSED ANNEXATION AND ZONING CLASSIFICATION , OWNERS: Kerstin E. Braun, Larry Beard Michael E. Beard and i CASE: ANX 01-08-25 SITE: 1864 West Drive i PROPERTY SIZE (ACRES): 0.24 ZONING LAND USE PIN; 04r20r15r18470100910030 FROM,.. R•31County RosidwWal Low TO, LMDR Resfdenlial Low I ATLAS 291A PAGE; L Ordinance No. 6901-01 r ORDINANCE NO. 6902-01 2nd Reading --- AN ORDINANCE. OF -THE CITY OF CLEARWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY LANE EAST, APPROXIMATELY 330 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 6, COUNTRY LANE SUBDIVISION, WHOSE POST OFFICE- ADDRESS IS 1517 COUNTRY LANE EAST, 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 n-ap 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 6, Country Lane, according to the plat thereof recorded in Plat Book 43, Page 65, Public Records.of Pinellas County, Florida (ANX 01-08-26) 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 Engireer, 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 hereto, with the Clerk of the Circuit Court and' with the'County Administrator of Pinellas County, Florida, within 7 days after adoption, and shall file a certified copy with the Florida Department of State within 30 days after adoption.,, - PASSED ON FIRST READING _Nayember_ _5, 9001 PASSED ON SECOND AND FINAL READING AND ADOPTED' Approved as to form: Leslie K. Dougall-Si s , Assistant City Attor y Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk Ordinance No. 6902-01 5_)14-11 jib U ??- afs}7ti-IriTi Z Q?1721?. - U 4Fr Fv.'S W 1w; , !'? t ' J:1r Q.' m ,, I w fi'17 r %? 1 ! I?r > -f? ?? o }t} •ij II i ` 610$4444 'w 131d{t SEd tr.[ 4.• f2l r 1?.. q?R '. rc , ?• l?l.z ? 7 C.7 It T7ra, l ? u? r 640A_ -S i JOHN 170q, . 1 r) r7rd , 'lT tY'.I ?r 4 c't f r 1 r, ! ^a v, r7U5'? 1 1700 T !; I) r F rif).S - 17 ! S t _ ! ntnWeY 1700 J! ^ ! ?, JI I ` 1o- i } i r ,l t' . i ::?7 0 .. 1; q '.? .., .• 1 _ nr :. . fn°r p' -. f+ ' -'? :' 'a ' ?? ? . rp ?r ' a 5.3' 33 N. E. COACHMAN ROAD S: R. 5 9 0 , 41 50 Sri elf 39 ' rsrz • rG1:i 7612 ' W f6T i, ` ! -a; rr=.--r- s,i?3,` E '.•2: 33'.:.'i trim:ii J601 '4608 ; <: ren r ' . a f0.1. -"ia5 :23 ;j :. .;' cal z .t?3? h'10?-"s+.,'.` 1Y[ r rllRrl . . f. / 4.....' fill i.. ; z2, 7644 !GO¢. t 105 r? :113. - -? ` - r 4 ?' TSn ' rCnf r • ».' '?r,rri.' n .' '.'.?. ,rl r° r r , i Z. •:t' •25t? ~3 ,C.1. `l: Y %.?.? - - ';'.TQBr .%y:«:i?. m ;i;:?' r ` jr }?, :.: ! :76011 ,. !.? C? 1tiUl r!/ , ' r^a'. . ilOtr•.: ' Lj? cl", "z' S2T.' `' 1516. C} `Gl25' ?4 %576 ' Sttfl!l?1r U7 z? fi; Y. 11 1 f•'.` y-`.w rr+ r': by '` c: r .J _ 31 r 110 t?:i:s 1``"•;'i TSf2'': ?#1rlf?lr?t cr 7 t ?? (t.4si"<.t"I.??? •. 517 14M<' `27. 2;,• .?1 f513 n o? . ?`? ` "''' '. I'. f i U} °, qQ 'ti:ff2 t "w?` ' ==? 'a ..t itr. ::: t1 f V ?w ?'r, f, , I 1 tv?^ '^w-„x' .l19 v r: v,S ' ;*L C71; 1 ?r .{.u '=le'•.:, r'? ?'7' 11fi, "? M_D } ?? Q?S,'' ¢. w - _i "i Ti'j_, M h 4 r.Jtp',Y•r" L.a4., :?!''yi` .. _ 'eta C•+1 F; , 40 °•+'''• r.,^: ?T r? ,a I ) E•-1 ..t ,. ?, ».. Y. `r.'•' 6 ...' FlF 3.. _ .'?? i:,? `t.(7 •'s .g` .8 . N ?f ry l t rrs '`' "'``':. ?? '?'4,i:' [? 4T?iIJ:I •: ` :}2 : 197 ' 59P8-.11.11':r _. ?;0?.'77_T r (? ':}.? ,• a 1,1 ?'i, (( •.i Ai ?'_t;{ r?r7-'y; :. 1- ,Cr?yf3 v I ...-...--.°i:....??.,.-`-'?t•:-_-`-°'.t. .i ,'i.' 'j';;t._. i.•r.f lr'• ?7- ?r','1.': t i r > t i: " s +''. fie lnr1:S 1 "? r ^ if• ///??; ?'? ' yy"r.' ' _ a TiLr; 'i mor w ? . I ?- _....?..._? .?r?•?r?rr;irr, 1G ,?' ?'.• ? ?,?' 'ti ?f Q \ \?, 104 PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Katherine 13. Horner 1517 Country Lane East SITE: i FROM: R-WC.ounly r o; L %10n CASE: . ANX 01-08-'28 PROPERTY SIZE. (ACRES): 0.19 LAND USE F+11r; 01112911b1186a0100010060 RaVdamlial Low Rnaidgnllat Law ATLAS 2735 PAGE: J Fxhib i t: A Ordinance NO. 6902-01 L4, Pnd Reading ORDINANCE NO.,6903-01 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY, TO. DESIGNATE THE LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY LANE EAST, APPROXIMATELY 330 FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT-6, COUNTRY LANE SUBDIVISION, WHOSE POST OFFICE ADDRESS IS 1517 COUNTRY LANE.EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE. WHEREAS, the amendment to the future land use plan element of the comprehensive plan of the City as set forth in this ordinance is found to be reasonable, proper and`appropriate, and is consistent with, the City's comprehensive plan; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The future land use plan element of the comprehensive plan of the City of- Clearwater is amended by' designating, the, land use category for the hereinafter-described ' property, upon annexation into the City of Clearwater, as follows: Pro ert Land Use_Category Lot 6, Country Lane, according to the plat thereof Residential Low recorded in Plat Book 43, Page 65, Public Records of Pinellas County, Florida (ANX 01-08-26) Section 2. The City Commission does hereby certify'that this ordinance is consistent with the City's comprehensive plan. Section 3. This ordinance shall take effect immediately upon adoption, contingent upon and subject to the adoption of Ordinance No. 6902-01, and subject to the approval of the land use designation by the Pinellas County Board of County Commissioners, and subject to a determination by the - State of Florida, as appropriate, of compliance with the applicable requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, pursuant to § 163.3189, Florida Statutes. ' PASSED ON FIRST READING November 15, 2001 ? PASSED ON SECOND AND FINAL READING AND ADOPTED Brian'J. Aungst Mayor-Commissioner Appro ed a Attest: s' to .Leslie K: Dougal- s Cynthia E. Goudeau Assistant City Attorney. City Clerk Ordinance No. 6903-01 z t d ? ' KUMQUAT DRIVE I z o - t u -. I SHADDOCK DRIVE z z f a a till AVOCADO DRIVE ?•.,'??1 •'?k CL Q' ` a ? f v NAVEL DRIVE L WEST GRAPEFRUIT ., RL EOENW400 LJ ' a CANOLEWOOD STREET D Z w d DOVEWOQD STREET FrTT I I Ld 0 t&J 1 a J , lJ vil I T`7 HONEWOOD STREET z z i a a COUNTYWIDE FUTURE LAND USE PLAN MAP NAME: KATHERINE B. HORNER 1517 COUNTRY LANE EAST PLAN DESIGNATION: RESIDENTIAL LOW .ATLAS PAGE: 273B SEC. 0$ TWP: 29S RGE: 16E CONIIIPJNITY DEVELOPMENT BOARD: October 16, 2001 Ordinance No. 6903-01 ORDINANCE'NO.6904-01 ? 2nd Reading 'AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY BY ZONING CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF COUNTRY LANE EAST, APPROXIMATELY 330 FEET SOUTH OF .STATE ' ROAD 594, CONSISTING OF LOT 6, COUNTRY LANE. SUBDIVISION, • WHOSE POST OFFICE ADDRESS IS 1517 COUNTRY LANE EAST, UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL, (LMDR); 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 6, Country Lane, according to the plat Low Medium Density Residential ; thereof recorded in Plat'Book 43; Page 65, (LMDR) Public Records of Pinellas County, Florida . (ANX 01-08-26) 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. 6902-0 1. PASSED ON FIRST READING Novembpr 15. 9nn1 PASSED ON SECOND AND FINAL READING AND ADOPTED Brian J. Aungst Mayor-Commissioner . Approved as to form: Attest: Leslie K. Dougall-Side Cynthia E. Goudeau Assistant City Attorney City Clerk Ordinance No. 6804-01 L._ :'i9tfl-11T4 AIrn.-?? 17."/1 Cj !,. !, a.l? 1171'7 4.'..r •'1^1G Z r- n M1? r o ° I ! ^ Pil0i-744? ltl 4 JLJ:- mo :r ?L' II ?f i 0. 1713 "! r171 : W?lis_r,? _. rrf.4 F ST JOHN t ~?: _ u C7 FI? ------------------- -''? + ,'+ z I 1 .?'% I n I I'y j ?? r I liQJ +I -,r.f, l:f.f 7; :! a Y ?s v til ! o?n -r1? - -' 170+ s :JI Q, rE r_ I ri ?,_ f --__ 17/17 r•.,)1 , r:OfJ ??- - _ ileslaNarn T: Du ?l1HVEY !- 1700 613 r -;9,33 3.' i f_ n1 '? '" ; , m ,i • a°i ii .. _._,.... ?.... ?.?... -_._.__.,.....?. I of -`.' ,] I,_r'•r .?. N.E. COACHMAN ROAD S. R. 5 9 0 , Q' N N - .J? "3a?'k'•°J 'Jr J7 ?'.•:? 'i - rr' ?r :e L 1 i :?L.N. i• ??- ,. 2C12 , ? In 3, Ld. :. J6TI 164sw r 161 ?', ._' -' ?3 •'rsa ??) 2 2 3 Iz. ti1604 -J= 1605 '17 i ''.66U ?: 1 .,f.JGllb .,?'i' :w:.."?.' f1' JriUf o • .?,.!, ?'? a?. t•a? ,?IQC3•!r;ti .it.a? r` 'I •'?''Ifi:=: ; .? ,, ,i d-' i r?l r„z•:;, a, -n._ ; , ?., i. , ?€ 's' ,ft: -?'- .K«I' - ? zT'15J8 V_..J.ri1'T'•.]'.:? t.;'...1&J6 '?!,. oi!!!!p ? ? _?_--' ' ` a '€. a.{'.?Mr.. ?? R=f?,.aSJ.:,ir.a? _ ??-. .•.?.-1 S.=r ^a-._ _.-??s.i`??a=r _ ?...?.-=-'?- .? ?? ir-r rin 'I;':...?5._ .C^4,.:iJ7.. :r?yi :.5r:?.t??l.:;'i:•,'75J,S+ i li:.'1 11x5 .7 • Y?-?,y? 1 41 :f 1• „?. •• , ,?••-?"?,. r?• l?. 4L.??S fL.?M}? ,t . ,; y, .14 R ?rsH l.i111f_'y ,.•Z ?O? 6"t IN ?'?:. 1 L'1.1 :l-,?. • ... -. ? 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F- . iyy 1'-CC JL'?. `? •a.f'•-F :r;s}?n l.Tb?,'• '; ft1T•?• ;sr .r 7, km r rU ... 4. kv ??. _ •?'YS, l'l•f" .-fcL. f f`7l.??{?,ty"?'I'f ,. ?_: iy: r: ?i. :'i: F+.': is -iF .•r.k: ,r 1: '?!•a ';? r?'.l J1F1?"',. ?;?+.`'r ?• ?+f" i. .,..stir e'.z =1,.i. {" •,'q •; //y???a-?•/'J,, J to 15 : {'ti`ti.1R `r•-U••'%.-n.n :.aiyj: ?, ??? ??y_;' •"f",'fa?tyL7r _•'C??,' ?y-::ice-?•.??• `,; PROPOSED ANNEXATION AND ZONING CLASSIFICATION OWNER: Katherine B. Horner CASE: ANX 01-08-25 SITE: 1517 Country Lane East PROPERTY SIZE (ACRES): 0.19 zof+lllti L.1t{0 USE Pill; QW29r161111630100or00130 FliQr7•.1•C,3unty Rersfd-ratial Lore to; L..M0A Floskdontutl LO'N ATLAO 37313 PAGE c a Ordinancu +W. 6904-•01 0 E E3 E 5 • m c Z U L Or m m V q, E c &1 ? Fx 'tom j5 CL ? N c n 5? shy N N N q O? [ Qt ??`r?7Q z b c7 ra r c? a as as aCL c S r3 EW z a NO v0. ?;5??? m U S ri in N Q c co Cli 44 N 0. N n c ? E El N 4 26 try t 7 N N N [ ? ? N 6 1 a J ff i.7 m y y m {p7 y n. ? Tj J fl. ? rn t ? ? cti v7 _ {(, ? ,yy C7 n ? i Q Ci ? u7 1n [C[??J 11 7 [ n r C^ ch, CV cl I 1 •?? 2a? r17 h??, e•7c?aAc. 1 7 r ? ? i ,4 C? if U t n ran ? ? a.a a 'Q N W N V7 4A N U) C g' C?? v -tea„ 01?? ??, ?p 1 p ? ? ? ? Y ? W Q ? N ? QE7 ? ? LL c7 ? ?' Z F- 1n 3 g n ro Y N h in M cn CL a U a Li m It u7 [n n pu r" Y C ? ' 8 ? a y? 3 F ? ?71 ??!y± L r[r[???•? CL ra [ ?l n n r a 5¢ n? a a m N r '? " N r r 117 (7 Qpp7 ?{tcj S7 fp ?_i? ? [y?? r T V, [ r. a C 4nC IL 0. 0. 7 p fR W a`i 0 0 y as s 8 I o N a; W a n c a o N L d W d? [V Z' =° En C 1CnC ? •? a r r ' C-9 EL N N # LLLIIL.. . In s C C g W G r .N r N IL O d z N CL 0., c? aq+ a i?. w N m 0 m G ? m o N r[// N } r i pur~ 13 MILEAGE/ REASON FOR ITEM -NUMBS YEAR DESCRIPTION SERIAL NUMBER HOURS SURPLUS I DISPOSAL 1 • G0138 92 Ford Crown Vic Cruiser 2FACP72WXNX198846 97,018 AgelCondition 2 00148 93 Ford Crovrn Vic Cruiser 2FACP71 WOPX126543 67,161 Age/Conditlon 3 G0175 93 Ford Crown Vic Cruiser 2FACP71WXPX126548 85,936 Age/Condition 4 G0176 93 Ford Crown Vic Cruiser 2FACP71 WOPXt26557 83,247 Age/Condlllon 5 'GO183 94 Ford Crown Vic Cruiser 2FALP71WIRX204119 94,744 Age/Condition 6 G0186 94 Ford Crown Vic Cruiser 2FALP71 W5RX204124 106,395 Age/Condition 7 G0410 89 Ford F350 Fladbed Dump IFDKF37HOKNA11473 83,955 Age/Condition 8 G0424 92 F-700 Sewer Cleaner 1FDXK74P9NVA04210 65,668 Age & Condition 9 G0591 91 Lely Broadcast Spreader 9690836 NIA Age/Condition 10 G0637 81 Hydra Haul Scooter w/bed 106OD811612358 NIA Bad Engine 11 G0669 89 GMC 3500 wl utility body 1GDJR34K5KF703516 76,646 Age/Condition 12 G0686 81 J Fowler Spray Trailer G7DO NIA Age/Condition 13 60760 89 Chevrolet C717042 Dump 1GBJ7DIBJKV100464 86,660 Age, Condition & Mileage 14 60870 92 Ford 56101Mot?lm Slope Mower BC95761 2,425 Beyond economical repair 15 G0980 86 F-700 Flat Bed 5-Yard Dump 1 FDXK74N7GVA47588 28,708 Ago & Condition 16 G1047 92 GMC 3500 Van 2GDFG35Z1N4524519 88279 Age/Condition 17 G1208 91 Ford Crew Cab PU 2FTJW35H4MCA64995 79,902 Age/Condition 18 61253 86 Ford F250 Pickup 1FTHF25Y8GNA27083 46,586 Age/Condition 19 01309 88 Clark Warehouso Scrubber 702632 N/A Age/Condition 20 G1484 95 Ford Crown Vic Cruiser 2FALP71 W3SX152272 75,738 Bad Englno 21 - G1487 ? 95 Ford Crown Vic Cruiser 2FALP71W1SX152268 85,111 Bad Engine 22 , G1497 95 Ford Explorer 4x4 }FMDU34X3SUB06268 77,514 Age/Condition 23 G1498 95 Ford Explorer 4x4 1 FMOU34X5SUB25369 81,233 Age/Condition • 24 :G1499 95 Ford Explorer 4x4 1FMDU34X9SUB46158 79,757 AgelConditlon 25 G1601 95 Ford Explorer 40 1 FMDU34XOSUB46159 83,312 Age/Condition 26 G1627 96 Ditch Witch Piercing tool 11350000A}R171.0253 WA Ago & Condition 27 G1723 97 Turf Blazer Riding Mower 32137432 WA Needs major deck work 28 G2035 98 Grundomat 75ZS Piercing tool P75329SS3280 NIA Beyond economical repair 29 WA WA Truck Wheel Dolly N/A N/A Obsolete 30 NIA WA 2 rolling Metal Carts WA WA Obsolete 31 WA WA Motorized Lift Platform N/A NIA Obsolete 32 WA WA 'Gra ' Short Rise Auto Lift Model # OL 60 WA Obsolete 33 WA WA 16 H.P. Kohler En Ine WA NIA Obsofete 34 WA WA Black and Decker Valve Mach. NIA NIA Obsolete 35 WA NIA Pallet ( 3 Jackhammers and Tractor Weights NIA Obsolete 36 1 WA WA Pallet (block and tackles and misc used arts) WA Obsolete rr t Clearwater City Commission Worksesslon Item #; b 1 ' Agenda Cover Memorandum Final Agenda Item # LI S Meeting Date: Dec. 13, 2001 SUBJECT/RECOMMENDATION: Approve Agreement with HDR Engineering, INC. for $70,000 for the completion of the North Greenwood Economic Development Strategy. and that the a ro date offtclals be authorized to execute same. SUMMARY: • The City of Clearwater received $35,000 in grant funding from the U.S. Department ,of Commerce Economic Development Administration (EDA) under section 209-Economic Adjustment Assistance Program to conduct an Economic Redevelopment Strategy for the Northern Portion of the Clearwater Brownfields Area with a focus on the North Greenwood Community. On January 18, 2001 the City Commission approved the use. of $35,000 from Community Development Block Grant funding to match the EDA Grant. • The City of Clearwater Economic Development Team received 6 responses to an RFP to develop the strategy on July 10, 2001. The firms that responded were Economic Research Associates, Florida Planning Group, Inc., HDR Engineering inc., Hunter Interest Inc., PROJECT International and RMPK Group, Inc. • The RFP selection committee selected HDR Engineering, in association with Urbanomics and Trent Green as the most responsive firm to the RFP and recommended the award of the $70;000 to HDR to complete the Economic Redevelopment Strategy. • The intent of this contract is to inventory, analyze and provide strategies regarding economic development opportunities in North Greenwood. Key tasks include an assessment of the North Greenwood Commercial Corridor, Jack Russell Stadium property and the market potential of the neighborhood in general. • The agreement and scope of work for this project are available for review in the City Clerk's Department. • The estimated timeframe for completion is June 2002. Reviewed by: Legal Budget ov?'2- Purchasing - -48A Risk Mgmt NA Submitted by: City Manager Buo LJ Printed nn rpeveled mmrn Originating Dept.: Economic Develocim Info Srvc NA' Public Works NA Use Dept.: Economic Del DCM/ACM Other NA Attachments JR None Costs: !Estimated Total $ 70,000 Funding Source: Current FY Est. Cl _ $70,000. OP Other x Appropriation Code: 181-99977- 530100-559.000 S %Old CRAUnende. C..IrsmmnR cr !lam 52.19.04 wei .mc SHORT FORM AGREEMENT BETWEEN OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT is made a's of this day of September, 2001,between City of Clearwater ("OWNER") a Florida municipal government corporation, with principal offices at 112 Osceola Ave., Clearvater, FL 33756 and kDR ENGINEERING; INC., ("ENGINEER' a Nebraska corporation, with principal offices at 8404 Indian Hills Drive, Omaha, Nebraska, 68114 fer services in connection with the project known as the North Greenwood Redevelopment Strategy ("Project"); WHEREAS, OWNER desires to engage ENGINEER to provide professional engineering, consulting and related services ("Services") in connection with-the Project; and f j . WHEREAS, ENGINEER desires to render these Services as described in SECTION I, ' Scope of Services'. i NOW, THEREFORE, OWNER and ENGINEER in consideration of the mutual covenants contained herein, agree as follows: E SECTION I. SCOPE OF SERVICES ENGINEER will provide Services for the Project, which consist of the Scope of Services as outlined on the attached Exhibit A. SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES The "HDR Engineering, Inc. Terms and Conditions for Professional Services," which are attached hereto in Exhibit B, are incorporated into this Agreement by this reference as if fully set forth herein. SECTION III. RESPONSIBILITIES OF OWNER The OWNER shall provide the information set forth in paragraph 6 of the attached ".HDR' Engineering, Inc. Terms and Conditions for Professional Services." SECTION IV. COMPENSATION Compensation for ENGINEER'S services under this Agreement shall be on the basis of lump sum. The amount of the lump sum is seventy thousand Dollars ($70,000). The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the ENGINEER'S compensation as Reimbursable Expenses. Compensation terms arc defined as follows: Agreenient for Professional Services 1 1-1999 . Per Diem shall mean an hourly rate equal to Payroll Cost/Direct Labor Cost times a multiplier of IN-1A) ( t e ) to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expense. Payroll Cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the Project, plus the cost of customary and statutory benefits including, but not limited'to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, and vacation and holiday pay applicable thereto, For this Agreement, the amount of customary and statutory benefits of all personnel, will be considered equal to thirty-five, percent (35%) of salaries and wages. Direct Labor Cost'shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the Project. Reimbursable Expense shall mean the actual expenses incurred directly or indirectly in connection with the Project for transportation travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. ENGINEER will add ten percent (10%) to invoices received by ENGINEER from subconsultants and subcontractors to cover supervision, administrative, and insurance expenses. Cost-Plus-Fixed Fee shall mean Cosf plus a Fixed Fee. Cost, as.used in "Cost-Plus-Fixed Fee," shall mean Direct Labor Cost plus Overhead Costs, plus Reimbursable Expense. Overhead Costs, as used in "Cost-Plus-Fixed Fee," shall mean indirect costs, which include payroll and administrative expenses. For this Agreement, overhead costs shall be NIA percent (NIA%) of Direct Labor Cost. Fixed Fee shall mean a fixed amount of fee that is added to the Cost in a Cast-Plus-Fixed Fee basis of payment. The sum of Cost and Fixed Fee shall be the compensation for the Scope of Services. The Costs may vary, but the Fixed Fee shall remain the same provided the Scope of Services does not-change. Lump Sum shall mean a fixed amount which shall be the total compensation agreed upon in advance for Scope of Services. Percentage shall mean a percentage of the actual construction cost designed plus additive change orders. This shall be the total compensation for Scope of Services. SECTION V. PERIOD OF SERVICE Upon receipt of written authorization to proceed, ENGINEER shall perform the services within the time period(s) described in Exhibit A. Agreement for Professional Services 2. 1-1999 Unless otherwise stated in this Agreement, the rates of competisatian for. ENGINEER'S services have been agreed to in anticipation of the.orderly and continuous progress of the project through completion. If any specified dates for the completion of ENGINEER'S services are exceeded " through no fault of the' 'ENGTNEER, the time for performance of th'o'se services sliall be nutomatically'extended for a period which may be reasonably "required for their completion and ' ail:rates; measures and amounts of ENGItiEER'S'compensation shall be equitably adjusted:' . SECTION VI.` SPECIAL PROVISIONS .. 'IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first written above. BY: . . NAME; TITLE: ADDRESS: ?. HDR ENGINEERING,.INC. "ENGINEER" . BY: NAME: TITLE: ADDRESS: Agreement for Profes'sionai Services '3• 1-1999 EXHIBIT A SCOPE OF SERVICF,S North Greenwood Redevelopment Strategy Scope of Services & Fee Estimate Task 1. Ci '/Team Coordination $12,480 This task will include a . kick-off meeting to refine the expected agendas; accomplishments and schedule of Advisory Committee'mectings and desired contents of the report product. In addition, it is recommended that the HDR Project Manager and City Staff meet monthly to coordinate and discuss project status and upcoming tasks. Monthly reports and quarterly EDA reports are also included. This task also includes Project Management, invoicing and other, client coordination as required' during the project timeframe. Task 2. Data Collection & Presentation____ _ $30,000 Econoric Data (Urbanoniics) 520,000 Collect and present data relating to existing businesses, market potential for job creating businesses,. a "void analysis" identifying retail/services not presently in the area but supportable in this marketplace. The City will provide 2000 census data including socio- economic data available to date. A detailed scope for Urbanomics is attached as 9126101 memo, This will cover three primary topics: • Community Commercial Needs and Prospects • Economic/Job Development Needs and Prospects • Catalytic Projects • Presentation at one Advisory Committee meeting. Planning & Infrastructure Data Analysis &A Wit (HDR) $10,000 Previous studies and plans for the North Greenwood area will be reviewed and audited to identify accomplishments, and recommendations not implemented. The audit will be presented in matrix form, to-outline actions and recommendations implemented to date. In addition, 'a map of ongoing or proposed projects will be prepared to update and obtain a better understanding of existing conditions and trends. This information will be compiled from various City.sources and individual meetings with staff and stakeholders as outlined in Task 3. A general evaluation'will be conducted to include: land use, zoning and other regulatory conditions; physical and infrastructure conditions affecting development potential and economic development. The Audit will be compared with this general evaluation of updated conditions. Previous strategies or recommendations that were not implemented' will be reassessed. In addition, an assessment of new strategies that address problems, opportunities and objectives will be drafted. n i I The City will provide electronic base maps for the consultant's use and all base maps prepared by the .consultant will be provided in programs compatible to the City of Clearwater Engineering Department. Task 3. Stakeholder Involvement $19.,480 Three workshops 'will be conducted with an Advisory Committee composed of North Greenivood'stakeholders and appointed by the City. In addition, a significant portion of this task will include individual interviews with business owners, developers, church and non-profit leaders working within the project area. Due to the significant amount of public and private activity ongoing within the immediate area, it is estimated that the consultants will conduct 10-12-interview sessions with individuals or representatives' from. community stakeholders, bankers, non-profits, churches, etc, with current or . proposed projects in North Greenwood. 'Of the, three workshops; one will be in the form. of'a site visit/tour to a similar area in Florida with economic development. and redevelopment successes. HDR will make the arrangements for and attend the site visit with the stakeholders. The primary objectives of the three workshops will be as follows: Advisory Committee Meetiirg#.I ¦ 'Audit Results ¦ 'Economic Analysis Results ¦ Summary of problems and opportunities for the area based on data collection and audit * Desired objectives Advisory Committee kfeetirrg #2 ¦ Tour of successful project similar to N. Greenwood ¦ Educating groups on currently available tools ¦ Brainstorm a variety of strategies Advisory Committee Meeting #3 ¦ Present draft strategies for North Greenwood ¦ Obtain consensus on the most appropriate and realistic Task 4: North Greenwood Redevelopment Strategy & Final Report $8,040 The final work product will be the North Greenwood Redevelopment Strategy which has Advisory Committee consensus. Toward this end, the Team will refine redevelopment and' economic development strategies based on input from the Advisory Committee and prepare the final report. The report will be a user-friendly brief, brochure,or summary which highlights the process of this project and the recommended actions, strategies and projects. " =J'rfS.???.? }1 -??a s 'i` s ,7 ' 'r?. ?'." s ei ?"i •11a?.: • ?? ?, • a 9?,?a ?.:l}}al s ?2??.i.?^'?£. . ?f 'rt ' s : ? . 1. 1,x !`? . . ' • " -? ` ? " 1 1!` w ?? '- ` ? ' '? + E ! ^ ; fl r : ) . L 'f •t •. .. ., 'Ib 7j..3 _ , NkN±r?'te ? . ; '. ?,,; +??A? ifj rr ? yy•?f; ; ? 't: .,, ;? , 5tart. ?-? ; "V1 ;1.s. .. Erxl:. l.'.?? 1 ) 'e.?''!i ? on ,bu a .t ?I J.4 y'% Nnv ? .hn ? A1af ? l+b1 is Audit 111312001 1130/2002 63d s2? Economic Analysls 111512CO1 113012002 63d - 3. Interviews 1113!2001 113012002 63d, {A, vtsory mmmea eating rt 21612tl02 218J2tltl2 1d Findi slDetermEne Oh ecttves Ad ur ory mm ee t ng 2!21112002 2121112002 td To d . Draft Strategy Report 01112002 ' M301200Z dad . I'd visory mminee eeung Ad 5/1$12002 $11512002 td ' on W1512002 5130 2a02 Exhibit B MEMORANDUM TO: Susan Swift, IIDR-Tampa (via E-mail) FROM.. Ken Creveling, URBANOMICS SUBJECT: North Greenwood Revitalization Strategy -- Outline of Economic Analyses and Strategies DATE: September 26, 2001 This updates my earlier scope outline dated 8/24 to include a housing market assessment as extra . services for a fee of $7,000 plus meetings. A budget estimate for all tasks is also included. I have divided all market/economic consulting services into four•mastcr tasks, as follows: TASKS 1. Community Commercial Needs ahd'Prospects. This area of study. will focus primarily 'on identifying needs and opportunities for developing as viable neighborhood/cominunity shopping and service area in or immediately adjacent to the North Greenwood community. This will 'involve assessment of `market realities and opportunities on Greenwood Avenue and opportunities along key local arterials. Specific tasks include: -- Survey of existing business activities and climate, including interviews with business, owners and landlords. -- Estimation•of retail expenditure potentials of residents within'a defined potential trade area 'by type of business. -- Identification of unmet needs expressed in square footage of building space by type of business. -- Identification of community and market realities affecting .property investments' and business operations. Identification of entrepreneurial training needs and workable incentives to property and business owners to invest and operate in the area. ?. Economic (Job) Development Needs and Prospects. This area of study will locus on value-added job-generating activities which may be possible to promote primarily at the edges and on the periphery of the North Greenwood community, including locations along the railroad, Drew Street, and Ft. Harrison Avenue, Specific tasks include: -- Inventory of existing commercial, industrial, and institutional fadilities and operations in this area which provide a nucleus for business expansion. -- Interviews with selected businesses and institutions to assess the general business environment, expansion expectations, and use of labor from the North Greenwood community. -- Inventory of existing available and potential development sites. -- Review of counlywide'and citywide economic development activities and programs to determine which of their business targets and strategies can apply to urban communities and development sites. -- Identification of opportunities and needs related to business expansion and at including types business and institutional activities suited to the area,'their employment characteristics, and needs for site assembly and incentives. 3. Catalytic Projects. This area of study will focus on identifying those individual projects, including community commercial, economic development, and housing projects, having the best market/economic prospects and which would impact surrounding properties and the communityat large., These opportunities will emerge from the above studies. Specific tasks include: ; -- Identification - of potential project(s), including type, size, location; tjlpe of ownerloperator, and nature of economic benefits to the community and city. Identification of implementation and operating needs and requirements, including site factors and public improvements and incentives needed to leverage private investments. -- Identification of potential funding sources for these improvements and incentives. 4. Client and Community Meetings. We. are available to meet as needed with City and community -representatives throughout the study' for the purposes of discussing local issues, assessments, and recommendations relative to local housing and commercial needs and development strategies and job-related economic development affecting the community. One formal community meeting is included in the $20,000 base budget. Meetings.with the staff will be included if they can be coordinated with travel to do field work and research. BUDGET Based on our understanding of the area, work done to date, and objectives of this study process, we propose the following budget for market/economic consulting services: 1. Community Commercial Needs, Prospects, and Strategy Input: $3,000 1. Economic Development Needs, Prospects, and Strategy Input: $5,500 3. Catalytic Projects -- Definition, Assessment, Implementation: $4,000 4. Presentations and Community Meetings (@ 51,500 each): $1,500 Total Estimated Cost: $20,000 Exhibit SUBCONSULTANT PARTICIPA'T'ION' Urbanomics ' Task 1. TwoMeetings with Staff (to coincide with scheduled fieldwork) included Task 2. Economic Data Collection & Presentation ' $ 200000 } Task 3, Attendance at one Advisory Comm. Meetings included " Task 4. Limited Assistance with Final Report included t (catalyst projects) i Trent Green, R.A. ' Task 1. Attend Four Meetings with'Staff(8 firs) S 708 ' Task 2. Assist as needed (8 hrs). S 708 Task 3. Attend and Assist'with Preparation for Advisory Committee Meetings (40 hrs) $3,540 Task 4, Assist in Final Report (8 hrs) $ 708 TOTALS Urbanomics $20,000 Trent Green S 5,664 HDR $44,336.• Assumptions: 4 Ken'Cre'veling attendance at one Advisory. Comm it tee meeting and, 1-2 meeting with staff is included in above fees. Additional public meetings will be considered additional services.' Trent Green's participation is assumed at $88.50 per hour. Typical overhead expenses included in above fees. • 'Revised 1014101 , EXHIBIT B TERtiIS AND CONDITIONS 1 tarzaao7 HDR Engineering, inc. Terms and Conditions for Professional Services 1. STANDARD OF PERFORMANCE The standard of care for all professional engineering, consulting and related services performed or furnished by ENGINEER and its employees under this Agreement will be the care and skill ordinarily used by members of ENGINEER' s profession practicing tinder the same or similar circumstances at the same time and in the same - locality. ENGINEER makes no warranties, express or implied, under this Agreement.or otherwise, in connection with ENGINEER' s services. 2. INSURANCE ENGINEER agrees to procure and maintain, at its expense, Workers' Compensation insurance as required by statute; Employer's Liability of $250,000; Automobile Liability insurance of $1,000,000 combined single limit for bodily injury and property damage covering all vehicles, including hired vehicles, owned and non-owned vehicles; Commercial General Liability insurance of $1,000,004 combined single limit for personal injury and property damage; and Professional Liability insurance of $1,000,000 per claim for protection against claims arising out of the performance of services under this .Agreement caused by negligent acts, errors, or omissions-for which ENGINEER is legally liable. Upon request, OWNER shall be made an additional insured on Commercial General and Automobile Liability insurance policies and certificates of insurance will be furnished to the OWNER. ENGINEER agrees to indemnify OWNER for the claims covered by ENGINEER's insurance. 3. OPINIONS OF PROBABLE COST (COST ESTIMATES) Any opinions of probable project cost or probable construction cost provided by ENGINEER are made on the basis of information available to ENGINEER and on the basis of ENGINEER's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since ENGINEER has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s') methods of determining prices,.or over competitive bidding or market conditions, ENGINEER does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost ENGINEER prepares. 4. CONSTRUCTION PROCEDURES ENGINEER's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from . its responsibility for performing work in accordance with applicable contract documents. ENGINEER shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the, work and shall not manage, supervise, control or have charge of construction. ENGINEER shall not be responsible for the acts or omissions of the contractor or other parties on the project. ENGINEER shall be entitled to review all construction contract documents and to require that no provisions extend the duties or liabilities of ENGINEER beyond those set forth in this Agreement. OWNER agrees to include ENGINEER as an indemnified party in OWNER' s construction contracts for the work, which shall protect ENGINEER to the same degree as OWNER. Further, OWNER agrees that ENGINEER shall be listed as an additional insured under the construction contractor' s liability insurance policies. S. CONTROLLING LAW This Agreement is to be governed by the law of the state where ENGINEER's services are performed. 6. SERVICES AND INFORMATION OWNER will provide all criteria and information pertaining to OWNER's requirements for the project, including design objectives and constraints, space, capacity and performance 'requirements, flexibility and expandability, and any budgetary limitations. OWNER will also provide copies of any OWNER-furnished Standard Details, Standard Specifications, 'or Standard Bidding Documents which are to be incorporated into the project. OWNER will furnish the services of soils/geotechnical engineers or other consultants that include reports and appropriate professional recommendations when such services 'are deemed necessary by ENGINEER. The OWNER agrees to bear full responsibility for the technical accuracy and content of OWNER-furnished documents and services. In performing professional engineering and related services hereunder, it is understood by OWNER that ENGINEER is not engaged in rendering any type of legal; insurance or accounting services, opinions or advice. Further, it is the OWNER' s sole responsibility to obtain the advice of an attorney; insurance counselor or accountant to protect the OWNER' s legal and financial interests. To that end, the OWNER agrees that OWNER or the OWNER' s representative will examine all studies, reports, sketches, drawings, specifications, proposals and other documents, opinions or advice prepared or provided by ENGINEER, and will obtain the advice of an attorney, insurance counselor or other consultant as the OWNER deems necessary to protect the OWNER' s interests before OWNER takes action or forebears to take action based upon or relying upon the services provided by ENGINEER. , 7. SUCCESSORS, AND ASSIGNS OWNER and ENGINEER, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the covenants of this Agreement. Neither OWNER nor ENGINEER will assign, sublet, or transfer any interest in this Agreement without the written consent of the other. 8. RE-USE OF DOCUMENTS All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by ENGINEER pursuant to this Agreement, are instruments of service with respect to the project. ENGINEER retains ownership of all such documents. OWNER may retain copies of the documents for its information and reference in connection with the project; however, none of the documents are intended or represented to be suitable for reuse by OWNER or others on extensions of the project or , r on any other.project. Any reuse without written verification or adaptation, by ENGINEER for the specific purpose intended will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER will defend, indemnify and held harmless ENGINEER from all claims, damages, losses and . expenses, including .attorne'y's fees, arising or resulting therefrom. Any such verification or adaptation will entitle 1 ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. t 9. TERtiIINATION OF AGREEMENT OWNER or. ENGINEER may terminate the Agreement, in whole or in part, by giving seven (7) days written notice, if the other party substantially fails, to fulfill its obligations under the Agreement through no fault of the terminating party. Where the method of payment is "lump sum," or cost reimbursement,, the final invoice will include all services and expenses associated with the project up to the effective date of termination. An equitable adjustment shall also be made to provide, for termination settlement costs ENGINEER incurs as a result of commitments that had become firm before termination, and for a reasonable profit for services performed. 10. SEVERABILITY If any provision of this agreement is held invalid or unenforceable, the remaining provisions shall be valid and binding upon the parties. One or more waivers by either party of any provision, term or condition shall not be construed by the other party as a waiver of any subsequent breach of the same provision, term or condition. 11. INVOICES ENGINEER will submit monthly invoices for services rendered and OWNER will make prompt payments in response to ENGINEER's invoices. ENGINEER will retain receipts for. reimbursable expenses in general accordance with Internal Revenue Service rules pertaining to the support of expenditures for income tax purposes. Receipts will be available for inspection by OWNER's auditors upon request.- If OWNER disputes any items in ENGINEER's invoice for any reason, including the lack of supporting documentation, OWNER may temporarily delete the disputed item and pay the remaining amount of the invoice. OWNER will promptly notify ENGINEER of the dispute and request clarification and/or correction. After any dispute has been settled, ENGINEER will include the disputed item on a subsequent, regularly scheduled invoice, or on a ,special invoice for the disputed item only. OWNER recognizes that late payment of invoices results'in extra expenses for ENGINEER. ENGINEER retains the right to assess OWNER interest at the rate of one percent (1%) per month, but not to exceed the ' maximum rate allowed by law, on invoices which are not paid within forty-five (45) days from the date of the invoice. In the event undisputed portions of ENGINEER's invoices are not paid when due, ENGINEER also reserves the right, after seven (7) days prior written notice, to suspend the performance of its services under this Agreement until all past due amounts have been paid in full, 12. CHANGES The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, dater!, and made part of this Agreement. The execution of the change shall be authorized and signed in the same manner as this Agreement. Adjustments in the period, of services and in compensation shall be in accordance with applicable paragraphs and sections of this Agreement. Any proposed fees by ENGINEER are estimates to perform the services required to complete the project as ENGINEER understands it to be defined. For those projects involving conceptual or process development, services, activities often are not fully definable in the initial planning. In any event, as the project progresses, the facts developed may dictate a change in the services to be performed, which may alter the scope. ENGINEER will inform OWNER o.f such situations so that changes in scope and adjustments to the time of performance and compensation can be made as required. If such change, additional services, .or suspension of services. results, in an increase or decrease in the cost of or time required for performance of the services, an equitable adjustment shall be made, and,the Agreement modified accordingly. 13. CONTROLLING AGREEMENT These Terms and Conditions shall take precedence over any inconsistent or contradictory provisions contained in any proposal, contract, purchase order, requisition, notice-to- proceed, or like document. 14. EQUAL EMPLOVYIENT AND NONDISCRIMINATION In connection with the services under this Agreement, ENGINEER agrees to comply with the applicable provisions of federal and state Equal Employment Opportunity, and other employment, statutes and regulations. 15. HAZARDOUS MATERIALS OWNER represents to ENGINEER that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, OWNER represents that to the best of its knowledge it has disclosed to ENGINEER the existence of all such hazardous materials, including but not limited to asbestos, PCB' s, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that ENGINEER' s scope of services do not include services related in any way to hazardous materials. In the event ENGINEER or any other party encounters undisclosed hazardous materials, ENGINEER shall have the obligation to notify OWNER and, to the extent required by law or regulation, the appropriate governmental officials, and ENGINEER may, at its option and without liability for delay, consequential or any other damages to OWNER, suspend performance of services on that portion of the project affected by hazardous materials until OWNER: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. OWNER acknowledges that ENGINEER is performing professional services for OWNER'and that ENGINEER is not and shall not be required to become an "arranger,"" operator,"" generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act, of 1994 (CERCLA), which are or may be encountered at or near the project site in connection with ENGINEER' s services under this"Agreement: If ENGINEER' s services hereunder cannot be performed because of the. existence of hazardous materials, ENGINEER shall be entitled to terminate' this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, OWNER shall indemnify and hold harmless ENGINEER, its officers, directors, partners, employees, and subconsultants from and against all costs, lasses; and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any' such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of,tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate OWNER to indemnify-any individual or entity from and.against the consequences of that. individual's or entity' s sole negligence or willful misconduct. 16. EXECUTION' This Agreement, including the exhibits and schedules made part hereof, constitute the entire Agreement between ENGINEER and OWNER, supersedes and controls over all, prior written or oral understandings. This Agreement may be amended, supplemented or modified only by'a written instrument duly executed by the parties. 17. LIMITATION OF LIABILITY ENGINEER's and its employees' total liability to OWNER for any loss or damage, including but not limited to special and consequential damages arising out of or in connection with the performance of services or any other cause, including ENGINEER's and its employees' professional negligent acts, errors, or omissions, shall not exceed the greater of 550,000 or the total compensation received by ENGINEER hereunder; except as otherwise provided under this Agreement, and OWNER hereby releases and holds harmless ENG11%4EER and its employees from any liability above such amount. 18. LITIGATION SUPPORT In the event ENGINEER is'required to respond to a subpoena, government inquiry or other legal process related to the services in connection with a legal or dispute resolution proceeding to which ENGINEER is not a. party, OWNER shall reimburse ENGINEER for reasonable costs in responding and compensate 'ENGINEER at its then standard rates for reasonable time incurred in gathering information and documents and attending depositions, hearings, and trial. o ea ater u Interoffice Corres-pondenceSheet MEMORANDUM. TO: File FROM: Miles G. Ballogg, Economic Development Team DATE: September 2, 2001 RE: North Greenwood Economic Redevelopment Strategy RFP #54-01 The City of Clearwater Economic Development Team received 6. responses to the subject RFP on July 10,2001. The firms that responded were Economic Research Associates, Florida Planning Group, Inc, HDR Engineering Inc., Hunter Interest Inc, PROJECT International and RMPK Group, Inc. 'The Selection committee for this RFP was as follows: Miles Bailogg, Economic Development Team; Eleanor Breland, Administrator, Human Relations; Arthonia Godwin, President, Godwin Upholstery and Interiors, Inc.; Fredd Hinson, Neighborhood Services Manager & Melody Benbow (designated as alternate for Neighborhood Services); Diane Hufford, Acting Supervisor, Economic Development Team; Mike Meidel, President, Greater Clearwater Chamber of Commerce;' Jeanette Renfrow, Vice-President, Peoples . Bank; Ken Sides, Traffic Calming Engineer and Ralph Stone, Director of Planning & Development Services and Lochen Wood, Planner. The evaluation criteria were as follows: Organization size, structure and technical resources of the firm • Knowledge of Clearwater and North Greenwood Community • Successful ,experiences servicing municipal governments a Economic analysis experience, data collection, redevelopment projects and strategic planning • Innovative features and use of these features by current and past clients • Experience and skill in dealing with multiple special interest groups in a collaborative setting . • Available resources such as computer capability, access to market information,, personnel with specialized knowledge and legal expertise in the applicable fields I The first selection committee meeting was held on July 30th of 2001. All selection committee members were present with the exception of Mr; Arthonia Godwin, Mike Meidel and Ralph Stone. The selection committee reviewed all RFP's for' the evaluation criteria and after much deliberation, short-listed Florida Planning Group, HDR Engineering and RMPK Group, Inc. The other firms were notified in writing that they were not selected for the short list. The committee agreed that the short listed firms should be contacted and a brief question'arid answer period . from the selection committee would determine the final selection. The Interviews of the short listed firms was held on'August 16, 2001. All selection committee members were present with the exception of Eleanor . Breland, Arthonia Godwin, Fredd Hinson, and Mike Meidel. Melody Benbow was designated as alternate representative for Neighborhood Services acid attended 'this meeting for Mr. Hinson. Each of the selection committee members had the opportunity to ask questions of each of the firms during the interview process. Each firm was asked like questions to keep the opportunities for response- consistent between firms. At the end of the interview process for all of the short- listed firms a vote was taken. HDR Engineering was selected as the consultant for the project on a vote of five votes with the 2 remalning votes to RMPK Group. The Selection committee agreed to select HDR for the project. ` CITY OF CLEARWATER "Professional Consultant Services" RATING SHEET Date: C) rin P 1L G'fou? Name of Firm. I Criteria Maximum Score Comments Points 1 Organization, Size Structure and 10 TResources of Firm Knowledge of Clearwater and North -15 ' Greenwood Communi Successful experiences servicing 10 municipal Tqvernments Economic Analysis Experience, data 25 collection. 'redevelopment projects and strategic lannin 10 Innovative features and use of these features b current and ast clients 20 0 Experience and skill in dealing with multiple special interest groups in a collaborative setting 10 g Available resources such as computer capability, access to market Information, personnel with specialized knowledge and legal expertise in the applicable fields J1po 1 9 -7 J1 CITY OF CLEARWATER "'Professional Consultant Services" RATING SHEET Gate: 1 5i b f Mane of Firm: Criteria Maximum Score Comments M " . ' Points 1 Orgdnization, Size Structure and 10 Technical Resources of Firm Knowledge of Clearwater and North 15 13 Greenwood Communi Successful experiences servicing 10 q municipal governments Economic Analysis Experience,, data 25 ?- collection, redevelopment projects and strategic planning 10 Innovative features and use of these features b current and past clients 20 1-7 Experience and skill in dealing with multiple special Interest groups in a collaborative setting 10 '-7 I Available resources such as computer capability, access to market information, personnel with specialized knowledge and legal ex ertise in the a licable fields 60?.. CITY OF CLEARWATER "Professional Consultant Services" RATING SHEET Data: t G , Name of Firm:, A R- Criteria Maximum Score Comments Points 1 Organization, Size Structure and .10" Technical Resources of Firm 1 Knowledge of Clearwater and North 15 Greenwood Communi Successful experiences servicing 10 1 municipal ovemments Economic Analysis Experience, data 25 collection, redevelopment projects and strategic planning Innovative features and use of these 10 features b ' current and past clients 20 1 Q Experience and skill In dealing with multiple special interest groups in a collaborative setting 10 Available resources such as computer capability, access to market Information, personnel with specialized knowledge and legal expertise in the applicable fields 11100 &3 CITY 'OIL CLEARWATER "Professional Consultant Services" RATING SHEET Date:_=1 r' Name of Firm: "i U w T4 i2. esr j ' hG M Criteria Maximum Score Comments ' Points Organization, Size Structure and 10 Technical Resources of Firm Knowledge of Clearwater and North 15 Q Greenwood Community V Successful experiences servicing 10 municipal governments Economic Analysis Experience, data 25 collection, redevelopment projects .. and strate is lannin 10 Innovative features and use of these y 1 current and past clients features' b - 20 skill in dealing with Experience and multiple special interest groups in a collaborative setting Available resources such as 10 computer capability, access to market information, personnel with specialized knowledge and legal expertise in the applicable fields 11100 80 i ¦ I LSaAC5 ' CITY ?OF CLEARWATER "Professional Consultant Services" RATING SHEET Date: ?7 4 Name of Firm: Criteria Maximum Score Comments Points Organization, Size Structure and 110 Technical Resources of Firm Knowledge of Clearwater and North 15 Q Greenwood Community Successful experiences servicing 10 municipal governments r Economic Analysis Experience, data 25 c.. collection, redevelopment projects and strategic planning 10 S- Innovative features and use of these 1 features b current and past clients 20 l . Experience and skill In dealing with multiple special interest groups in a collaborative setting 10 S Available resources such as computer capability, access to market information, personnel with specialized knowledge and legal ex ertise In the a licable fields 1 Criteria Maximum Score Commonts Points Organization, Size Structure and 10 ; Technical Resources of Firm Knowledge of Clearwater and North 15 Greenwood Communi Successful experiences servicing 10 municipal ovemments Economic Analysis Experience, data 25 10 collection, redevelopment projects and strate is lannin q p , _ 10 Innovative features and use of these features b current and past clients 20 S Experience and skill in dealing with multiple.'special interest groups in a collaborative setting 10 Available resources such as computer capability, access to market information, personnel with specialized knowledge and legal expertise in the applicable fields ,o0 36 i i 1? • l Clearwater City Commission Final Agenda Item # k Agenda Cover Memorandum Meeting Date: SUBJECTIRECOMMENDATION:. Request For Authority To Pay Claimant, Thomas Pearson, $35,000 For Complete Settlement Of His Workers' Compensation Claim (including indemnity benefits, medical benefits, and attorney fees). and that the appropriate officials be authorized to execute same, SUMMARY: • Claimant, a former Clearwater firefighter, sustained a work-related back and neck injury on November 8, 1985. • Court-ordered .mediation was held November. 14, 2001. At mediation, a tentative, agreement was reached to settle the claimant's entire workers' compensation claim for $35,000, subject to City Commission approval. • Since the City has paid out its self-insured retention, the insurance company that provides the City's excess workers' compensation coverage will reimburse the City the entire $35,000 settlement. Reviewed by: Originating Dept: Costa $351000.00 Legal NA Info Tech NA FInance/Risk Mt 1 'T'otal _ Jon Marcin -4 Budget .? Pubtic Works ' NA User Dept. Funding Source: $36,000.00 Purchasin `NA DCMIA c401d I^p+om^i Current Fiscal Year 9 Risk Mgmt Other 7T!A Attachments omsr Cllr Appropriation Code: 590-07000.545800.519-000 Submitted by: x None Cltv Manager Printed an recvoted oaner I r? J -_..* __ t r?; E; 7 ?l'?. ?.+?' '>. 't'{•, i?- ':ii: t.'s '. .f•. .1: i4^?' fMM1A?{ /rAti !'V ' t,??'1 ., a l,r ;Xi" s:.• 1-.' t CC 7 ? :y:i,t r?:..'?t.?sl>"? !7:";.', ?'s•,. r) :-_,..- 'i •.1'1}.'',t'"' S: 1d1t.,.. a -.[ ,}? '.',?. ;i+.t. ,. 4'7, .T. {i ;_'•. - r' -;.?• •',?,rrfl4 i, 1?• +Jtr;}34 "t .r,i:1;- ?; ,C'.`: 1' y .t r'.??.?it: '.l•. •?if b,,i•1 7°I' •': ?..( lw •ir f1'. :t't': 4{ ./ li •'.y.l• rte. •Yt. .I .I.,%i.'.fi•i^?., ?;t 5c ? ? T • ':L•'r:i`•'Z.?.j,r , x: .;,.;'..t:d•?'r,. •a,5 r`',s?d "r': ..5 ?g ?i} E1.+ dQ00K r. r. ;.:r °. '?z - 'k? > >i,; 1h nt. rr„ 'li; :?Y'::'',t?'-•'i", ,j ??i ? i r L .. ;Y?r "sr 4 t ''? t \??:. Ati :?t5•i.'rr +...j .1' ?'G ? l J 'Y? \}? ? u; _:,i ;t.r7t. 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IUM O Q •~(' rri ,'%i ?'i„ ':rr 'xI '. - L.!_f-L C CL MA C .{ J®RTH If Not to Scale I Cr LOCATION MAP RADIO TOWER 3290 S.R. 580 Clearwater City Commission Agenda Cover Memorandum Worksession item #: Final Agenda Item tf Meeting Date: SUBJECT: license agreement for the use of space on the Countryside Radio tower G,S- Q r?- 1 RECOMMENDATION: Approve a license agreement with MIA-COM Private Radio Systems, Inc., a Delaware corporation, for antenna space on the Countryside Radio Tower of the Clearwater Radio System along with ground space for an equipment building, auxiliary generator with pad and a backup fuel supply, fora period of five years, with options for renewal by MIA-COM for four additional periods for the sole purpose of operation of the State of Florida, Statewide Law Enforcement Communications System at an annual fee of $35,000 per year with a 4% annual increase. and that the appropriate officials be authorized to execute same. _-„ SUMMARY: M/A-COM Private Radio Systems, Inc., a Delaware corporation having its general offices in Lynchburg, Virginia'has the contract to establish the State of Florida, Statewide Law Enforcement Communications System. In order to provide adequate radio coverage to our area, and to tie in the Clearwater Police Department they need to lease space on the Countryside Tower of the Clearwater Radio System. Clearwater radio towers are 300 feet tall. The license agreement permits MfA-COM to place four 14 foot antennas at the 260 foot level, three b foot microwave dishes at the 90, 122 and 150 foot levels with connecting cables to the ground. In addition, MIA-COM needs to build a 12 x 26 foot equipment shelter, install an auxiliary generator with pad and provide a fuel source. Natural gas is available. However, propane will be used if there is any difficulty with a natural gas supply, in which case a propane tank with pad will be added. Clearwater currently has two.cellular phone companies leasing space on the tower without difficulty. The space needs of MlA-COM can be easily accommodated and have been coordinated with and approved by Public Utilities who operates the Water Pollution Control Facility adjacent. MIA-Com has agreed to have a structural analysis performed and to strengthen the tower, at their expense, to insure that the tower meets the 150 mph wind load requirement. We respectfully request that this agreement become effective upon Commission approval. Copies of the License Agreement and Engineering Drawings are available at the City Clerk's Office for review. Reviewed by: Originating Dept.: Costs Legal Info 5rvc General Support Services Total None Budget Public Works ? User Dept.; Funding Source: Purchasing DCMIACM General Support Services Current FY None CI Risk Mgmt - Other "``??4TTTT?? Attachments _ OP Location Map Other Submitted by: City Manager T3 C7 None Anprouriation Code: Printed on recycled Paoer LICENSE AGREEMENT THIS LICENSE AGREEMMENT is made and entered into this day of '1200_, by and between the CITY OF CLEA.RWATER.' FLORIDA, a Florida Municipal Corporation (herein "City" or "Tire City"), and M/A- COM Private Radio Systems, Inc,, a Delaware corporatioli (herein " ivi/A-COM" or "Licensee"), having its general-offices at 3315 Old Forest Road, Lynchburg, Virginia 24501. 1. Premises: The City hereby grants to MIA-COM and M/A-COM hereby accepts from the City a nonexclusive license to use the land area per Exhibit "A" at the following location: Communications Tower - operational upon the grounds of thrr City's Northeast Water Pollution Control Plant; 3290 S.R. 580 and IvfcMullen Booth Road (herein, "WPC site") located at Latitude 28°01'54" North and Longitude 82042'.16" West, and The communications tower is referred to herein as the "Licensed Premises." Final site . specific engineering plans and load factor calculations regarding the respective site is subject to final approval by authorized City officials prior to commencement of any construction or installation of any communications equipment by M/A-COM, its employees, agents or contractors. 2. Communications Etc uil2ment:. The City hereby grants permission to M/A-CUM. to install and operate the following described M/A-C01vI communications equipment. building, electrical generator using diesel, propane or natural gas fuel and associated equipment on and within the Licensed Premises solely•for the operation of the State of Florida, Statewide Law Enforcement Communications System: (a) 2- 4' antennas and 1-1 G' a 260' with 1 518" coaxial cable runs from the ground to each antennae. 2-16' antennas cr 2S0' 7/8"'with coaxial cable runs from the ground to each antennae. (b) .3-6' Microwave dishes ciJ 106', 109' and 142' with waveguide runs frorn the ground to each dish. (c) 12x26 Shelter, 8x10 generator, 4x16 fuel tank with appropriate ground space to allow for separation of the propane tank from ignition sources as per State Code and associated equipment with all the abbve'listed. In this agreement, all of M/A-COM's equipment, buildings, panels, generators, cables, wires, antennas, and accessories are referred to collectively as "Communications Equipment" or "Coin munications Centers." 3. Term: The ptimary term of this Agreement shall be for Five (5) years commencing on , 2001'(the "Commencement Date") and terminating at Midnight, , 2006, subject to extensions as set forth in Paragraph S below. The Commencement Date as set-lbrth herein shall coincide and be identical with the first day of the first month in which MIA-COM intends to enter upon the Licensed Premises to commence constntction of any of its Communications Centers, but in no event later than 90 days following the date of this Agreement as first above written. VI/A-CONI shall provide written notice of the intended Commencement Date to the office of the City Attorney, 112 South Osceola Avenue, Clearwater,. Florida 34616 not later than ten (10) business days prior to said Commencement Date. 4. Rent: During the primary term of this Agreement, as rental for the Licensed Premises, NI/A-CONI will pay the City the initial year annual sum of ($35,000 - ), payable in a single annual installment in advance upon the Commencement Date of this Agreement.' The annual. rental during the primary term and any renewal five-year term(s) will be adjusted upward ; by four percent. (4%) annually effective and payable upon each anniversary during the primary term and any extensions thereof. 5. Use: MIA-CONI will use the Licensed Premises for the purpose of " constructing; and.operating Communications Centers as provided herein. NI/A-CONI will abide by all local, state and federal laws and obtain all permits and licenses necessary to operate its systems. MIA-COM shall use the Licensed Premises for no other purposes without the prior written consent of the City. 6. Access: NI/A-COM shall have ingress and egress to the Licensed Premises on a 24-hour'basis for the purposes of maintenance, installation, repair and removal of said Communications Equipment.. Provided, however, the only authorized engineers or employees of MIA-CONI, or persons under M/A-COM's direct supervision, will be pennitted to enter the said Licensed Premises, and their entry shall be for the purpose of installing, removing, or repairing MiA-CONI's Communications Equipment and for no other purpose. MIA-COM shall notify City in advance of its need to install, remove, or repair its Communications Equipment located on the Licensed Premises, except in the case of an emergency in which event notification shall be given as soon as reasonably possible; Access requiring entrance into or onto the communications towers shall be coordinated with the General Services Department *of the City with respect to. the communications towers. 7. Utilities at'NIIA-CONI's Cost: MIA-COM shall be solely responsible for and promptly pay all charges for electricity, telephone and any other utility used or consumed by NI/A-COM on the Licensed Premises. The City shall advise NI/A-COM and fully cooperate with any utility company requesting an easement over and across the Licensed Premises or,other lands owned by the City in order that such utility company may provide service to MIA-COM. NIIA-COM shall have an electrical current meter installed at the Licensed Premises and have the right to run underground or overhead utility lines directly from the utility source to MIA-COM `s Communications Equipment. The cost of such meter and of installation, maintenance and repair thereof 2 i shall be paid by M/A=CONT. &VA-CON[ and the utility company providing services to M/A-COM shall have access to all areas of the Licensed Premises, or other lands of the City, necessary for installation, maintenance and repair of such services; provided, that access requiring entrance into or onto the communications towers shall be coordinated with the General Services Department of the City. 8. Extensions: ,tit/A-COM. shall have the option to extend this License by a . ' series of four (4) additional terms of five (5) years each so long as it has abided by the terns and conditions of the License and is not currently in default hereunder. if written notice to the contrary is not delivered to the City by M/A-COM not less than-ninety (90) days prior to.the expiration of the primary term or any extension thereof, as the case may be, it will be deemed that iVilA-CON1 has elected to exercise its option to extend this License for an additional terns, and the, License term shall automatically extend for an additional five (5) year term as 'provided herein. The annual rental amount shall also automatically adjust as provided in'Paragraph 4. 9. Holding Over: If MIA-COM should remain in possession of the Licensed Premises after expiration of the primary term or any extension of this License, ' without the.exercise'ofan option or the execution by the City and MIA-COM of a new license, then MIA-COM shall be deemed to be occupying the Licensed Premises as a tenant-at-sufferance on a month-to-month basis, subject to all the covenants and obligations. of this License and at a monthly rental calculated at one and one-quarter (1.25) times the annual rental scheduled to be paid as provided in Paragraph 4 divided by twelve (12). The payment of such monthly rental amount shall be due and payable by the first day, of the month succeeding the expiration of the final month of tide License terns previously granted by the City. 10. Notices: (a) Any notice shall be in writing and shall be delivered by hand or sent by United States registered or certified mail, postage prepaid, addressed as follows: 3 a CITY NIIA-COM City Manager M/A-COM Private Radio City of Clearwater Systems, Inc. P: O.` Box 4748 P:.O. Box 2000 Clearwater; 1~L 34618-4748 Lynchburg, VA 24501 Attn: Ken Steere Copy to. Gencral Counsel (b) Either party may change its address and telephone number(s) to which notice shall be given by delivering notice of such change as provided above. Notice shall be deemed given when delivered if delivered by hand, or when postmarked if sent properly by mail. 11. Liabilitv and Indemnity: MIA-COM agrees to indemnify and hold the City harmless fxom'all claims (including costs and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of MIA- '. COM. or MIA=COM's agents, employees or contractors occurring during-the term of this License or any extensions in or about the Licensed Premises. MIA-COM.agrees to use and occupy the Licensed Premises at its own risk and hereby releases the City, its agents and employees, from all claims for any damage or injury brought`on by MIA-COM to the full extent permitted by law. The City agrees to indemnify and save NUA-COM harmless ' . from all claims (including cost and expenses of defending against such claims) arising or alleged to arise from the negligence or willful misconduct of the City.orThe City's agents and employees occurring during the term of this License, subject to any defense or limitation pursuant to Section 768.28, Florida Statutes. 12.• Termination: (a) 1 Either party shall have-the right to terminate this License at dny time as follows: (1) By either party, if the approval of any agency, board court or other governmental authority necessary for the construction or operation of the Communications Equipment cannot be obtained, or is not obtained after due . diligenee, or is revoked. (2) , By either party, in the event of a material breach of any of the provisions of this Agreement, subject to Paragraph 13 below. (3) By MIA-CONi, if M/A-COM determines that the cost or obtaining or retaining the 'approval of any agency, board, court or other governmental authority necessary for the construction or operation of the Communication Equipment is prohibitive, or if MIA-COM determines that the ` ? ' , 7 ' .. ' ...-._ -- • : :.rya. -.'-,--------,i property is riot appropriate for its Communications Equipment for technological reasons, including, but not limited to, signal interference. ' -(4) By N11A-COM, in the event that any government'or public body,shall'takc all or such part of the Licensed Premises thereby,making it ' physically or financially infeasible for the Licensed Premises to be used in the , manner it-was intended to be used by this Agreement. However, if only a portion of the Licensed Premises is taken, and NI/A-COM does not elect to terminate this License under this provision, then rental payments provided under this'License shall be abated proportionally as to the portion taken which is not then usable by NUA-COM and this License shall continue. (5) By the City, if the City determines that the installation or operation of the Communications Equipment is detrimental to the operation of the City's communications equipment within-and upon the respective Licensed Premises, or the communications equipment'of any other party with whom the City has previously entered into a lease or licensing agreement specifically for the construction, operation and maintenance of communications equipment. ' (b) The party terminating this Agreement shall give written notice of tennination to the other party not less than thirty (30) days irr advance of the effective date of termination. In the event termination is by the City, the City shall also give such 30 days advance written notice to the State Technology Office, Attention: Contract Manager, State Technology Office, 4030 Esplanade Way, Tallahassee, EL 32339-2301. Upon termination, neither party will owe any further obligation under the, terns of this License,' except that MIA-COM shall be responsible for removing all of its Communications Equipment from the Licensed Premises and for restoring the areas occupied by I -CONI to its original conditions as near as practicable, save and except normal wear and tear and acts beyond NI/A-CONI's control. (c) Upon termination of this License, the term hereby granted and all ' rights, title and interest of Nl/A-CONI in the premises shall end and the City may re-enter upon and take possession of the premises. Such.termination shall be without prejudice to the City's right to collect from M/A-COM any rental or additional rental which has accrued prior to such •termination together vrith all damages, including, but not limited to, the damages specified in subparagraph (1) of this paragraph which are suffered by the City because ofNUA-COM's breach of any covenant under this License. ' 13. Defaults and Remedies: (a) Notwithstanding anything in this License ta'the contrary,;NI/A- COM shall not be in default under this License until: (1) In the case of a failure to pay rent or other.sums due under this License, fifteen (I5)'days after receipt of written notice thereof from the City; or. (2) In the case of any other default, thirty (30) days after ' receipt of written notice thereof from the City; provided; however, where any such default cannot reasonably be cured within thirty (30) days, MIA-CUM shall not be deemed to b'e in default under the License if NI/A-COM commences to cure such default within said thirty (30) day period arid thereafter diligently pursues such cure to completion. (b) In the event.ofM/A-COM's default in the payment of rentals or M/A-COM's failure to comply with any other material provision of this License, the City may, at its option, terminate this License without affecting its right to sue for all past due rentals, and any other damages to which the City may bc.entitled. i Should the City be entitled to collect rentals or damages and be forced to do so through its attorney, or by other legal procedures, the City shall, upon receipt of a favorable ruling, be entitled to its reasonable costs and attorneys' Fees thereby incurred upon said collection. 14. Taxes: MIA-COM shall pay annually any and all taxes that may be levied and assessed upon the•Licensed Premises attributable to any improvement thereto.. ' made by MIA-COM,'the Communications Equipment installed' thereon, or upon this Agreement.. If any such tax is paid by the City, M/A-COM shall reimburse the City for , the amount of any such tax payments within sixty (60) days of receipt of sufficient documentation, indicating the amount paid and the calculation of M/A-COM's pro-rata share. Upon written, request by M/A-CONI, the City shall furnish evidence of payment of all such taxes'. 15. Insurance: M/A-COM, at its expense, shall maintain in force during the terms of this License, and provide the City a certificate or certificates of insurance' covering the entire term of the License, or any extension thereof, a combined single limit policy of bodily injury and property damage insurance, with a limit of not less than 51,000,000 insuring the City and M/A-COM against all liability arising out of the ownership, use, occupancy or maintenance of the Licensed Premises and appurtenant areas; which policy shall name The City as an additional insured. The City's Risk Manager may require MIA-COM to provide any or all of the following additional' Insurance Endorsements upon determination of any additional risks inherent to tile, City as party to this License Agreement: (a) Contractual liability coverage. (b) .-Personal. Injury liability coverage, (c) Broad Form property damage coverage. All insurance coverages herein provided shall: (a) Be written'on an "Occurrence" basis. (b) Shall not be suspended, voided, canceled or modified except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City's Risk Management Office at the following mailing. address: Risk Manager, City of Clearwater, P. 0. Box 4748, Clearwater, FL . 34618-4748. (c) Certificates of Insurance meeting the specific required insurance provisions of this License Agreement shall be forwarded to the City's Risk Management Office and approved prior to the start of any work.or possession of the Licensed Premises. (d) All insurance policies required within this Agreement shall provide,' full coverage from the first dollar of exposure unless otherwise stipulated. No deductibles will be accepted without prior approval from the City. j 16. Tests: M/A-COM is hereby given the right to survey, soil test, radio coverage test, and conduct any other investigations needed to determine if the surface and location of the Licensed Premises is suitable for construction and installation of its Communications Equipment prior to the Commencement Date as defined in Paragraph 3. The terms of Paragraph l 1 shall also apply. 17. Fixtures: The City covenants and agrees that no part of the improvements constructed, erected or placed by M/A-COM on the Licensed Premises or other real property owned by,the City shall be or-beconie, or be considered as being, affixed to or a part of the City's real property, any and all provisions and principles of law to.the contrary notwithstanding. All improvements of every kind and nature constricted, erected or placed by MIA-COM on the Licensed Premises shall be.and remain the property of M/A-COM- 18. Assignment and Subletting: All assignments and subletting shall require the City's prior written consent, which consent shall not be unreasonably withheld. 19. Memorandum of License Agreement: Fallowing the execution of this License, either party, at its sole expense, shall be entitled to. file the Memorandum of License Agreement (attached as Exhibit "D") of record in the public records of Pinellas County, Florida. . + ' • • • a i I 20. Other Conditions: (a) The City acknowledges that following the execution of this License, MIA-COM will contact appropriate local governmental•agencies for the purpose of obtaining all building permits and approvals, zoning changes and approvals, variances, use permits and other governmental permits and approvals ("Local Permits") necessary for the construction, operation and maintenance of the Communications Equipment on the Licensed Premises. The City agrees 'to fully cooperate with MIA-COM in obtaining the Local Permits and, without limiting the generality of the foregoing, to execute any applications, maps, certificate or other documents'that may be 'required in connection with the Local Permits. (b) Whenever under the License the consent or approval of either party is required or a determination must be made by either party, no such- consent or approval shall be unreasonably withheld or delayed,, and all such determinations shall be made on a reasonable basis and in a-reasonable manner. (c) The City covenants that MIA-COM shall, upon paying the rent and observing the'other covenants and conditions herein upon its part to be observed, peaceably and quietly hold and enjoy the Licensed Premises during the term of this License or as it may be extended without'hindrance or ejection by the City, any person or persons claiming under the City, or any other licensee or, tenant of the City. ' (d) MIA-COM covenants and agrees that MIA-CONI's Communications Equipment and installation, operation and maintenance will: (l.) Not irreparably damage the WPC. (2) Not interfere with the operation of the City's radio or other communications equipment, or that of other licensees or tenants cun-ently utilizing the towers or Licensed or Leased Premises for such purposes within 14a yard of the Licensed Premises. In the event there is interference by MIA-COM, MIA-COM will promptly take all steps necessary to correct and eliminate same with a reasonable period of time. If MIA-COM is unable to eliminate such interference caused by it.within a reasonable period of time, MIA-CONI agrees, subject to the provisions of Sections 12 and 13 hereof, to remove its antennas from the City's property and this. Agreement shall terminate. (3) Comply with all applicable rules and regulations ofthe Federal Communications Commission and the ordinances ofthe City, including, but not limited to the building'and electrical codes of the City. (e) If the Licensed Premises is damaged for any reason so as to render it substantially unusable for MIA-COM's use, rent shall abate for such'period not in ' . excess of ninety (90) days while the City, at its expense, restores the City's towers and/or buildings to its condition prior to such damage. Provided, however, in the event the City fails to repair the Licensed Premises within the said ninety (90) day. period, MIA-COM shall have the right to terminate this License with no further obligations hereunder. (f) During the term of this License, the City will not grant a similar license to any other party if such grant would in any way interfere with M/A- COM's use of its Communications Equipment, In the event of any interference • ' arising from the installation or operation of communications equipment at the towers sites'by any other party subsequent to the Commencement Date of this Agreement; the City shall take all steps reasonably necessary to correct and eliminate such. interference within a reasonable period of time. If the City is unable to eliminate the interference within a reasonable Period of time,, the City shall be obligated to remove the Communications Equipment of the other party from the tower sites. M/A-COM shall not change the frequency, power or character of its equipment without first obtaining the written consent of the City, which shall not be unreasonably withheld. Notwithstanding any provisions of this paragraph to the contrary, any Communications Equipment within or upon the Licensed Premises previously authorized to the use of any other party by the City shall not require removal. 21. ' Radon Gas Notification: As required by Section 404.056(8), Florida Statutes, M/A-COM shall tale notice of the following: RADON GAS: Radon is a naturally occurring radioactive'gas that, when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and state guidelines have been found in buildings in Florida. Additional information regarding radon and radon testing may be obtained from your county public health unit. •' 1 far .. 22.• Entire A reement and Binding Effect: This License and any attached exhibits signed or initialed by the parties constitute the entire agreement between the City, and NUA-COM. No prior written or prior contemporaneous or subsequent oral promises or. representations shall be binding. This License shall not be amended or changed except by written instrument signed by both parties. Paragraph captions herein are for convenience only, and neither limit nor amplify the provisions of this'License. The provisions of this License shall be binding upon and inure to the benefit of the heirs, ` . exeIrutors, administrators, successors and assigns of the parties, but this provision shall I no way altenthe restriction hereon in connection with assignment and subletting by M/A- COM.. IN WITNESS WHEREOF, the parties hereto have executed this,License as of the date and year first above written. obi/A-COM PRIVATE RADIO SYSTEMS, I INC. By IT ESS Print Name f!_SY? yZ (j-Cl? ' Name: Title: "Isi P,? e- WITNESS ?' Print Name IAtJ[: L? riS 10 'y ... .. < f ?. •',. r I1 •1 f .r, t I 1 ' x#17 I, S ATE F FlorlGCa : OF. BEFORE ME, the undersigned, personally appeared __9 Oh 0- the :)5I regen •.!V- of MIA-COM Private Radio Systems; Inc., a Delaware corporation,'who acknowledged the foregoing instrument on behalf of the corporation. N" aANI K MARCEUA Not Public _- .: MYCOMMISSIONICC735265 Print/type name:3dAlo1e- A r l EXPIRES: ApN 19,2002' B"dTheuNouryP&kUedomm.m My commission expires:. ?' . Personally known X OR Provided Identification Type of Identification Provided ' Countersigned: CITY OF CLEARWATER, FLORIDA . , By 'Brian J. Aungst ` William,B. Horne II Mayor-Commissioner City Manager Approved as to-form: Attest: Cynthia E. Goudeau Assistant City Attorney City Clerk 1 , Clearwater City Commission Agenda Cover Memorandum Worksession Item #: .1 Final Agenda Item 0 Meeting Date: a -lp-o; SUBJECT/RECOMMENDATION: Award a contract to Angle & Schmid, Inc. of St. Petersburg for the construction of the North Greenwood Branch Library in the amount of $1,322,117 and approve a deductive change order in the amount of $191,143 for a total cost of $1,130,974. and that the appropriate officials be authorized to execute same. SUMMARY: This agenda item relates only to the award of a construction contract for the new North Greenwood Branch Library. However; information is provided below on total project cost and project budget detail. The North Greenwood Branch Library project is included in the FY 00101 Capital Improvement Program Budget. Total project cost is currently budgeted at $1,200,000. ? Funding for this project comes from the following sources: • $800,000 City of Clearwater (Penny for Pinellas) w $3001000 Secretary of State, State Library of Florida • $100,000 Pinellas Public Library Cooperative Grant The $1,200,000 project budget is currently allocated as follows:... • $1,000,000 for construction • $100,750 for furnishings and equipment • $99,250 for fees The low bid for construction, including contingency, was $1,322,117 from Angle '& Schmid, inc. of St. Petersburg. We are recommending three actions to resolve the difference between the construction budget and the low bid, none of which has an im act on cit financial resources: Approve a deductive change order for $191,143. • Use $100,974 from the library's State Aid funds (administered by the Pinellas Public Library Cooperative) for furnishings and equipment. • Use $30,000 raised by the Clearwater Library Foundation toward construction (approved by the Foundation Board on November 15, 2001). The new library will be approximately 8,000 sq ft with expanded areas for children's programs and collections, additional space for the African American Collection, meeting room with kitchenette, computer lab, covered drive-up entry, covered drive-up book drop, and ample parking: It will be Reviewed by: l I f originating Dept: Lib S / h A Costs Lega n o Srvc X n rary Jo zabo , Total $1,130,974 Budget ? Public 'works User Dept. Funding Source: Purchasing A DCWACM Library , Current Ci FY Risk Mgmt X Other X Attachments OP Other Submitted b ? 0 None r - City Manager Appropriation Code: 315-93525 Printed on « cvcled uaner Rev. 2198 conveniently located across the slreet from the City's new Recreation & Aquatics Center on, North Greenwood Avenue: The following chart illustrates the proposed changes in the project budget: Funding Source Current., Proposed City of Clearwater (Penny for Pinellas) $ 800,000 $ 8001000 Secretary of State, State Library of Florida . , 300,000 300,000 Pinellas ,Pubiic Library Cooperative Grant 100,000 100,000' State Aid (through PPLQ -0- 100,974 Clearwater Library Foundation -0 30,000 TOTAL $1,200,000 . $1,330,974 Proiect Budget Current Proposed Construction $1,000,000 $1,130,974 ? Furnishings and Egisipment 100,750 100,750 ; Fees 99.250 99,250 r '', t I TOTAL $1,200,000 $1,330,974 . ' , Construction contract: $1,322,117 l Deductive' than a order: 191,143 Total construction budget: $1,130,974 A copy of the contract and change order is available in the City Cletkfs office. _ Clearwater City ' Commission Mrk Session Item #: Final Agenda Item # Agenda Cover Meeting Date: 1.2 -1v-af Memorandum SUBJECT/ RECOMMENDATION: Approve acceptance of a FY 200112002 Byrne State and Local Law Enforcement grant in the amount of $65,000 from the Florida Department of Law Enforcement and approve an agreement with the YWCA of Tampa Bay for provision of contractual services during the period December 13, 2001 - September 30, 2002, in accordance with Sec, 2.564(1)(e), Code of Ordinances - Sale Source 19 and that the appropriate officials be authorized to execute same. SUMMARY: • The Police-Department has been awarded a Byrne State and Local Law Enforcement grant in the amount of $65,000 that will be used to contract with the YWCA of Tampa Bay to implement "Operation Apoyo Hispario." • Operation Apoyo Hispano will continue and expand upon the Police Department's successful partnership with the YWCA in providing interpreter, victim advocacy, and crime prevention services to the City's rapidly growing Hispanic community. This program was designed last year and implemented as a pilot program funded through the U.S. Department of Justice as part of Clearwater's Weed and Seed Initiative. Clearwater has not been awarded Weed and Seed funding for FY 2001/2002. Operation Apoyo Hispano will consist primarily of advocacy on behalf of Hispanic crime victims and interpretation/translation for Spanish-speaking individuals in their dealings with the police. The program will be supervised by the YWCA's Coordinator of Hispanic Services/Victim Advocate, a bilingual and culturally competent person with counseling, organizational, and supervisory skills. Operation Apoyo Hispano will also provide a series of crime prevention education classes for Hispanic community groups. These classes will be conducted by the YWCA in conjunction with the Police Department's Hispanic Outreach Liaison Officer and will provide information in Spanish on topics such as child abuse, domestic violence, bicycle safety, gangs, drug awareness, DUI, and Neighborhood Watch. Operation Apoyo Hispano will also include the development and maintenance of a Spanish language citizen hot line. This hot line will be modeled after the Police Department's existing English language citizen hot line, which invites citizens to call and share their questions, comments or crime tips with police. Byrne grant funds will provide $65,000 for implementation of the program. A Special Project, 181-99335, Byrne State and Local Law Enforcement Grant, has already been established to account for the grant expenditures. The required 25% cash match in the amount of $21,666 is already funded and available in this project. A contractual. agreement between the City of Clearwater and the YWCA of Tampa Bay has been prepared. A copy of the agreement is available for review in the City Clerk's Department. The YWCA has been determined to be the sole source for provision of the above-referenced services. The YWCA was Instrumental in designing and implementing the pilot project that was funded with Weed and Seed dollars last year. There is no other comparable agency in Clearwater that is able to provide these services for the Hispanic community. Reviewed by-, i Dept. 0rl ie Costs po ce l Legal Info Sruc n/ a Prepay by: Janet Skinner Total 21,666 Budget , Public Works nl a User'Db Funding Source: Purchasing n1 a DCMIACM POIIG Current FY 21,566 Ci e Risk Mgmt n! a Other a Attachments OP Other Grant Submitted by: Appropriation Codo:' 181-99335 City Manager None ® Grant match Prlnted on rocvclad naner onto 2198 S r r: r AGREEMENT THIS AGREEMENT is made and entered into on the 13th day of December, 2001, by and between the YWCA of Tampa Bay, hereinafter referred to as the "Contractor", and the City of Clearwater, Florida, a municipal corporation, hereinafter referred to as the "City"; hereby incorporates by reference the City of Clearwater's "Standard Requirements for Requests for Proposals"; Exhibit A - Insurance. Requirements, and Exhibits B & C - Scope of Services, WITNESSETH: WHEREAS, the City has been awarded a grant from the Florida Department of Law Enforcement, Edward Byrne Memorial State'and Local Law Enforcement Assistance Formula Grant Program, in the amount of $86,666, including a cash match in the amount of $21,666, for the implementation of "Operacion Apoyo Hispano;" WHEREAS, the Contractor has agreed to implement and administer Operation Apoyo Hispano in the partnership with the City; NOW THEREFORE, in consideration of the promises and the mutual covenants 'contained in the Agreement, the Contractor and City hereby agree as follows: 1. TERM. This Agreement shall commence on the 13th day of December, 2001, and shall terminate on the 30th day of September, 2002, 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 Operaclon Apoyo Hispano, which provides interpreter, victim advocacy, and crime prevention services to, Hispanics in the City per the attached Scope of Services (Exhibits B and C). 3. CONSIDERATION. Upon execution of this Agreement by all parties, the City will pay for costs, including cash match, associated, with the implementation of the program as specifically indicated in Exhibits B and C. The Contractor shall submit monthly billing to the City; including all invoices, receipts, copies of payroll checks, and other documentation of expenses for which the Contractor seeks reimbursement pursuant to this Agreement. Such monthly billing shall be submitted to the City no later than twenty (20) days after the close of each month. Financial reports shall be filed by the City of Clearwater with the Florida Department of Law Enforcement (FDL.E) on the first day after the close of each month; upon receipt of reimbursement from the I=DLE, the.City shall reimburse the YWCA. The City's maximum. liability under this contract shall not exceed $86,666 -- the total amount of the grant, including match. 4, 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: 5. 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:' With a copy to: Peggy Sanchez Mills, Sandra Lyth Chief Executive Officer Deputy Director YWCA of Tampa Bay YWCA of Tampa Bay, 655 Second Avenue South 655 Second Avenue South St. Petersburg, FL 33701 St. Petersburg, FL 33701 B. ' NOTICES TO CITY: Mail to: With a copy to: Sid Klein, Chief of Police City Attomey's Office Clearwater Police Department City of Clearwater 645 Pierce Street P.O. Box.4748 Clearwater, FL 33756 Clearwater, FL 33758 6.. ENFORCEABILITY. 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, 7. ENTIRE AGREEMENT AND AMENDMENTS. This Agreement constitutes the entire agreement of the parties with regard to the subject matter hereof, and replaces and supersedes all other agreements of understandings, whetFier written or oral. No amendment or extension of the Agreement shall be binding unless in writing and signed by both parties. 8. 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. 9. GOVERNING LAW, SEVERABILITY. In the performance of the Agreement, each party shall comply with all applicable federal, state and local laws, rules, ordinances and regulations.. This Agreement shall be governed by the laws 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: Brian J. Aungst William B. Horne, II Mayor-Commissioner , City Manager Approved as to form: Attest: Robert J. ette Cynthia E. Goudeau Assistant i Attorney City Clerk. YWCA OF TAMPA BAY By: 'Peggy Sanchez Mills' Chief Executive Officer EXHIM A ' INSURANCE REQVTREMENTS The bidder will procurr sad maiataia the following insurance, exiw rage: 3. Works' Compensation and Employee' bisbllity---the bidder shall procure and maintain for the life of this purchase order. Workers' Compemxedon Insurn ace coycriug • ¦ll employees frith limits meeting all appiimble state and federal lags. TMs cmrmge shall include Employers' Liability with tlarits meeting all appitcable state lad federal Lags. 2. Genemi LiabiUty-Thu bidder abail pro=m gad msinUin for the life of this purchase order. ' General Liability insar wr- This e+oriersga shatl beam an •Occarreace' basis and iW include: Premises and Operations; Independent C=U=tnrw4 Products and CompicteOperatlons >rnd Car1trzcttud LlabMq. Coverageshall bona osam restrictiv tam the latest edition of the Commercini General Liabbility paiicies of the ftmu aaa Serviacs OMm. 'i'bis policy shit! provida taarsrst6e for desk, bedily? injury, personal injury or property damage that could arise dlrecti r or indirectly ftM the pesfarmumte Of this purchase order. The minimum !imam of caverage shall be sSooMo per Occurrence Combined Single Umit for Bodily Injury LiablUlty sad PrQperty Damage Llabllt - The Clty shall be it haled and ldeadfW as as Addiducal Lnured under the policy certificate of huuraaee. 3. Dnsiaess Atttcmabft LWd tt) --Tb+a Bdes s hell procure astd maintain, far the 1114 of the .. pmrrb= order, Nutiews Automa» LJa bMty? Imiarsace. The tninimtus vd'name:age shaII beS300A 1Q VwO currceacs Combiaed Sla Io Llmit for Bodily Injury ! nand FIX Wall I'• This ccreragr shad be am mAny Auto" type pafT. CbvsrapzLmHbs w*? r=U h:dae than the latest a ditios of the Business AaW P ?ltvlerdi'QfBCG i. ladeasnin--TIM Wdderaltatfl deflipesl, , aura and hard the City huntlen tkrat{ any and all claims. MU16 Judpwaft and ilablllfy? for *nth. pasaanal hqury, bodllyr injury or Property damage saritd? dlitas* or iadbmcdy? tyrm p e 11 1 man e e ea! this porchm order by bidder, ib etap8e}?e,:s? nor kgd tees, wart wain, or otber angel expenses. The bidder adsmrrorfed?oa that tt b teapaoeie !'oc cotaplyi? with the term: of the ptarcbaaea+dar. s. suoylement><l_Pro a) The imorance coca CS gad coedttLans afforded by this polfcy? shall not be suspended, voided, camel:d or modified except after thirty (30) days prior written notice by eeril ild taad retartt receipt rapxsted has been pram to the City's R" blanagem ent Oiftca.' b) Centiksta of tmmrsace meeting tha sped0e re:quimd insuracc a provbiotu specifled" t^egerirtd tasnraate prorisiaas speeMW within the purchase order snail be forwarded to the City's Risk Maaa;easreeat Office and approved prior to start of any work. After review, the Certificate will be filed with the Purchmiug Ol'Itcr as apart of the original purchase order. Eshlbit A (continued) c) Receipt and'accvptance of a bidder's Certificate of lusunwce, or other similar document. 'does not constitute acceptance or approval of amounts or types of coversxrs which may be le:s than required tv ? the purchase order. d) The City may at its option require a copy of the bidder's insurance policim e) All Insarnacn *Wes required with thh purtiha a order =hall provide fall eoverage from the Asst dollar of earpvsure taxless othe. " silpolatsed. No deductibles will be acq ted withM prior approval from the CIty. r L Safety and Health Requirements s) Safe and Healthfal Work Environment---fit is thn bidder's sole duty to provide safe and #ualth[ul working conditions to its employees and than of the Ci3y on and about the, pro jt+et ant. The City ass ma no duty for superylrkss,of the WMer. Stop Rork Orders--Th Qty way order ftt tha ?eM stop its condition of immediate dater to tlty? eQtpbyeM etluipmeat or property da uW ezhtL This provision shall sax ihlft rapoasibiUly or risk of loss for is jgria or &a mp aastaiged FMm the bidder to the City, sad On bidder shall rentals SaWy cespossibi: fbr eaapusad with all "fety requirements and AW safaty of all persons and property at else project side. c} Compitanee with Ssftty and HealM Replathm --'lie bidder slYSl! compir with the Oecopstional Safeety MW Hem Admbbbadn (OSBA)? Me Fhrfda Dopsrtsaent of labor sad F,.raphyu at Seeurfty and ag other appropriate fodcrel, state, loaf retatations or C11y'safa y sad besM stamdards? j EXHIBIT B . YWCA OF TAMPA BAY INTERPRETER PROGRAM SCOPE OF SERVICES 'Program Components The Interpreter program was initially funded through the Executive Office for Weed and Seed, U.S. Department. of Justice, in the 1999-2000 fiscal year. This scope of services represents a continuation of the elements outlined in the earlier contractual arrangement between the YWCA and the City of Clearwater. 1. Supervision • Fulfill the,functions of supervisor for interpreters and any.volunteers or other staff that may be connected with the program Maintain an on-call procedure which meets the needs of the Clearwater Police Department (CPD), revising and improving as necessary. • In collaboration with CPO, maintain a protocol for working with the police and the courts, in various settings, including interviews, the scene of a crime, and in legal proceedings, revising and improving as necessary. 2. Recruiting s Maintain a group of approximately 12 trained interpreters, who are fluently bilingual in Spanish and English, to act as interpreters between Spanish speaking residents of the City of Clearwater and the police. In collaboration with the CPO, continue to recruit, screen, and train interpreters, as needed. 3. Training • In collaboration with CPD, deliver a training program two times per fiscal year for interpreters, The training program: includes orientation to Criminal Justice processes, the role and responsibility of an interpreter,' protocols for working with the police and in legal proceedings, stress management, and other related elements + Identify any needs. for on-going training that the interpreters may have, and develop suitable training or support mechanisms required. . r r 1 EXHIBIT C YWCA OF TAMPA BAY ADVOCACY PROGRAM SCOPE OF SERVICES Program Components 'I . Outreach • Contact individuals and organizations in the community, providing information about the advocacy services of the YWCA of Tampa Bay • Provide direct information to victims and potential victims of crime through notices in Spanish speaking businesses, churches, public speaking, and . word of mouth 2. intervention • Provide advice and counseling with the objective of having the incident(s) reported to the police • Provide support and assistance during interviews, legal proceedings, and related processes 3. Referral and Support • Assist Hispanic victims'to gain access; to services that may be required by the victim as a result of a crime, such as alternate housing, financial aid, medical care, and services for children, as needed • Refer the victim to agencies and services which have a Spanish speaking. capability, according to the needs of the individual • Assist the victim in maintaining a working relationship with the police during the process 4. Liaison with the Clearwater Police Department (CPD) • ' Provide information to Senior Officials and Officers of CPD regarding obstacles faced by Hispanic residents in reporting crimes and seeking redress through the legal system • Provide training or orientation to members of the CPD regarding the program E L ;0 , FMLEFlorida Department of Office of Criminal Justice Grunts Malling Address: Law Enforcement Gf cc atCriminal Justice Grunts Florida Department of Law Enforccnicnt 1819 Miccosukce Commons James T. "Tim" Moore Tallahassee, Florida 323118 ' Commissioner (850) 410.8700 October 3, 2001 COPIES TO. COMMISSION OCT - 9 2001 The Honorable Brian J. Aungst Mayor, City of. Clearwater PIAESS Post Office Box 4748 CLERK I ATTORNEY Clearwater, Florida 337584748 Re: 02-CJ-2H-08-62-02-147 / Operacion Apoyo Hispano Dear Mayor Aungst: The Florida Department of Law Enforcement is pleased to award a Byrne State and Local Law Enforcement Formula Grant in the amount of $65,000 to your unit of government. These funds shall be utilized to implement,a Byrne Program under Purpose Area 04A - Community Crime Prevention. A copy of the approved subgrant application with the above referenced grant number and project title is enclosed for your file. All correspondence with the Department should always refer to the grant dumber and project title. Your attention is directed to Section G of the subgrant, "Acceptance and Agreement". These.conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. Also, you should review the enclosed Subgrant Award Certificate. This certificate contains important information that applies to this award. The enclosed Certiftcate'of Acceptance should be completed and returned to the Department within 30 calendar,days from the date of award. This certificate constitutes official acceptance of the award and must be received by the-Dcpartment prior to the reimbursement of any project expenditures,. Commillecl to Service haegrily Respecl Quality Ill. , .. , Y'o . . ` .. III , ?! ,. ? ? ? ? • ? ? ? i ? 1 ' - ' i ' , , The Honorable Briari J. Aungst . r • Page Two We look forward to working wsth you on this project. If we can be" of further assistance, please' contact Both Hamilton at (850)4.108700. ' Sincerely, ClaytonH. Wilder t' Community Program Administrator r CHW/13I g enclosures f ,, , • r •i', , • i , • ' ' r I ' ? i ' ' ' '. . .. • i • le 'r . , , ? - I) [ • I .., 1 , ? ' .. ?1 '? ` ' .. I ?' , • i r ' i I .. e I ,i ,t ,{' i r I ,+ ? - ? ? +•i s,L '] I? ? '' f ` f r I' [ ` r `s , ?. I. '.I; II ? ?' ? 1 1 .I ,t , I Worksession Item PR I Clearwater Clty Commission Agenda Cover Memorandum, Final Agenda Item # J Meeting Date: 12/13101 SUBJECT/RECOMMENDATION: Approve a twenty year lease between Clearwater Golf Associates Inc. and the City for the operation of the property currently known as Clearwater Executive Golf Course,. including an annual lease payment, and improvements to the course, 19and that the appropriate officials be authorized to execute some. SUMMARY: • Clearwater Golf Associates, Inc. (CGA) has operated the Executive Golf Course since March 1, 2000, The current lease expires on February 28, 2002. • Staff has found CGA's performance to be excellent including adhering to all- provisions of their. current contract which included over' $100,000 of improvements to the existing course. In addition, revenue was increased from $1,000 annually to $36,000 annually. Based upon this staff entered into negotiations with CGA to secure a long-term agreement for the operation of this facility, • During the first five years of this agreement, CGA will provide the following improvements to the course, with an estimated value of approximately $1.2 million: ? Pave and stripe. existing parking lot and cart paths for the entire course. Estimated value of $325,000. . Renovate and expand existing clubhouse. Estimated value of $350,000. Y ' Renovate existing driving range and replace existing maintenance shed into a new location. Estimated value of $300,000. :- Renovate all greens. Estimated value of $75,000. :- Within the first 3 years of the agreement establish and construct the John Huston Golf School and learning center. • Annual base rental payment of $48,000 for first $1.1 million of gross revenue, plus 3%4 of all gross revenue in excess of $1.1 million. In consideration of improvements to the course a reduction of the base rental payment of 50% during the first seven years of the agreement. • Staff recommends approval of a twenty-year lease between Clearwater Golf Associates Inc. and the City for the operation of the Clearwater Executive Golf Course. Reviewed by:- , Legal Budget Purchasing 1A RiskMgmt L Submitted by: City Manager Printed on recycled paper Originating Dept: Info Srvc N/A Parks & Recreation D Public Works User Dept. DCM/ACM Parks & Recreation D QOL Attachments ? None Costs ent Total NIA Funding Source: ment Current FY N/A CIP OP .? Other Code: Rev. 2190 7 1i^Ut i 11 7 T0,APApPA RV.; 6lld f7ECRE:ATION 7.'i7? 2•lR?f? it 2,f 3 ...LL y?: gyp, ' , 0 Cie W arwater . Parks and Recreation Depariment TO:. "' . William B. Horne 11, City Manager FROM: Kevin E. Dunbar,, irector, Parks and Recreation Department CC:. ' City Commission Cyndie Goude.au, City Clerk SUBJECT: Requested Information for City Commission Meeting of December 13, 2001 Clearwater Executive Golf Course Agreement ' DATE: December 12, 2001 Per the request of the City Commission at the worksession on Monday, December 10,, 2001, attached is a spreadsheet listing the area municipal golf courses and the percent of return. to, the respective jurisdiction. Also attached you will find the page from. the. Golf Course Analysis prepared by NGF Consulting, Inc., in August,,1999, showing their findings for this golf course. All of their notations ' are , implemented ' as part of the proposed agreement. Should you have any question s,'please feel free to contact me, S1PaAsdke d1AlemosrKevvvRequnted lnfonnavon for Commissiun Clealwiter Execulwie Golf Course i 1 3 1 , n n n' .? D r (D p can {7 Z X 0 ¢ O 'a C C7 `2 0 0 G7 CD 0 CD C7 =* CI o Q CD m c c ' CD n n 0 o ' CD w o ? 'm a o m CD rn CD ? ; o o c ' ° ° a o a -4 o CD - . in c o. O o U) Q a . O O d ' m ra. o o -, CD p o 0 - ~ = 0 CD 1 - _h 0 (-'On CD l< CU ._ 0 C) C .? 0 (D C: CL ???En Cn Cn 0 -0 co 6CA ? C CD CD n :3 CD O (D CD n 3 C C O C CD Cn =_ . CD a CD C ' C ? 0 ? . a_ ' n ry C 4S. 0 C N Q W C=l v O 0 C? l< (n ^ 41 j+ µ i? x Cn .Q C 0 rn 0 O 41 O 0 0 cp CD m x CD 0 .c CCD ' 0 0 c cn rn r CD 0 to CD 0 n 0 3 V7' c 0 Cfl CD a d N CD 3 N , j W Cl ?I CD CD t' /f:• t!' ?:'Hf?i.'.?',?La'.t ! f1ut1.tr3fi??t1 f7eflt 5>}tlt'c!!1'VVR 1 1 1 ! I17?-??'-i.'1 NdF CZNSUtT/fife Q The estimated cost of the improvements can easily reach $3 to $4 million, depending on the results of engineering and architectural studies. These . costs are exclusive of any capital expenditure associated with building a new clubhouse, Clearwater Golf Park Q The greens, tees,' fairways, bunkers, irrigation system, and cart paths require extensive renovation or replacement. ? The inaintenance facility needs'to be upgraded to accommodate the repair and indoor storage of valuable equipment, materials, and supplies. Q Target greens should be constructed on the driving range. ? The estimated cost of the improvements can easily reach $1.5 million, de- pez.iding on the results of engineering and architectural studies. Area Demographics and Economics NGF'Consuldng has observed an expanding population that is projected to increase' in tlic near future, which sustains the Cleanvater area economy. The important findings concerning the economy and demographics are listed below: El The demographic data on the Cleanvater area indicates a modest sized and slow-growing population. However, the Clearwater area is part of the Tanipa Bay area, which is growing somewhat faster. Data indicates that the population in the region is much alder than the national average and with much lower than average household income levels. National trends in Elie golf industry indicate greater usage and participation at golf facilities of all types from older and more affluent age segments. The implication for the City of Cleanvater courses is that the demographics o£ the region are very favorable for the future success of modest-priced golf courses. ? The economy of the Clearwater area is sustained primarily by retail trade and service jobs. Q A very large portion of-the total Clearwater area population is employed. The implication for the Clearwater courses is that activity levels should be high because of the size and prosperity of the work force. ? Other key indicators. such as real esiate trends, taxable sales, and tourism all point to a stable economic environment for the area and a favorable climate for the golf business. Cily of Clearwater Gall Course Anslysis 6 .. M }7 C. 7_ H b :: 4r. ! 7 / ! 1 11's 1 1 V :l N ". '.l N 13 14 U c d T 1 V N! L-, k- l [: 1 i![ rl.. Z 1 .. T 1 9 50 LEASE AGREEMENT THIS LEASE, made and entered into this day of 2001, by and between the CITY OF CLEARWATER, Florida; a municipal corporation, hereinafter called the "city", and Clearwater Golf Associates, .Inc., 401 Druid Rd. W., Clearwater, Florida 33756, hereinafter called the "Club".' WHEREAS, it is the intent of the City and the Club to enter into a lease agreement for the premises described herein: NOW THEREFORE, in consideration of the foregoing and the mutual covenants contained hereinafter, IT IS AGREED AS FOLLOWS: GRANT OF LEASE & TERM 1. That for and in consideration of the covenants herein, the City does hereby lease to the Club, that certain real property located in the City of Clearwater, Florida, more particularly described in Exhibit "A" attached hereto and incorporated hereby by reference. The term of this lease shall 'be for a period of twenty (20) years, commencing March 1, 2002, and ending February 28, 2022, unless sooner terminated by the provisions hereof. RENTAL 2. The Club. shall pay to the City as base rental for. the premises $48,000 annually, plus applicable sales tax. The said rental payments shall be paid in advance to the City quarterly, beginning March 1, 2002. In addition, the Club shall pay to the City three percent (3%) of gross, revenues in excess of $1.1 million annually. Payment is due at the submission of the annual report. As consideration of the Club's capital improvements described in Section 5 of this Agreement, the City agrees to relieve fifty percent (50%) of the base rental only for the first seven years of the Agreement. Beginning with the eighth year of this Agreement through termination, full base rent plus any additional rent will be due. LEASE NOT ASSIGNABLE WITHOUT CONSENT 3. It is expressly agreed between the parties that this lease shall not be assignable to any, other person,•1'irm-or corporation without the express written consent-of the City, which consent may be'granted or dented in the sole discretion of the City. USE AS PUBLIC GOLF COURSE 4. It is understood between the parties that the real property which is the subject of this lease will not be used in any manner other than as a public golf course and golf teaching facility. IMPROVEMENTS 5. As a condition to this lease, the Club shall construct the following upgrades to the course and support facilities during the term, of this lease in accordance to the schedule as noted; a) During the first year of this Agreement, the Club, at it's sole expense, will pave and stripe the existing parking and cart paths relating to the course.* The paving may be either asphalt or concrete at'the discretion of the Club. All work shall conform with all City codes, including` landscaping. Approximate value $325,000. b) . During the . first year of this Agreement, the Club shall renovate all greens. Approximate value of $75,000. c) During the third year of this Agreement, the Club shall renovate and expand the existing clubhouse with meeting space available for the City and neighborhood meetings at no cost to the City for normal operating hours. Approximate value of $350,000. d) During the €ourth year of this Agreement, the Club shall modernize the existing driving range, remove the maintenance shed and install a new maintenance shed. Approximate value of $300,000. The City must approve the design, site plan and construction of .all facilities. Failure by Club to .complete all improvements as described above shall be cause for termination of this lease, PROGRAMMING 6. As a condition to this lease, the Club must establish and construct the "John Huston" Golf School and Learning Center at the Golf Course during the first three (3) years of. this Agreement. Elements of the school shall include, but are not limited to: a Junior Golf Academy, interactive tournaments and parent and child competitions. The City agrees through the Parks & Recreation Department to assist in marketing of the school. CLUB COVENANTS KEEP AND MAINTAIN A GOLF COURSE 7. The Club covenants that it will keep and maintain upon the real property an 18 hole public golf course, together with incidental improvements and will use, occupy and make available; as herein contemplated, such premises as a golf course and related facilities for pleasure, recreation and other purposes consistent with such golf course operation. During the term of the within lease and any extensions thereof, such golf course shall be operated and the facilities shall be open for usage during the normal hours of operation and fees of the same or similar facilities,in the area; provided, however, that at.reasonable times portions of such course may be closed for necessary repair and/or reconstruction and/or maintenance., The Club will provide to current employees of the City of Clearwater use of the course during normal operating hours for a fee of seventy-five percent (75%) of the prevailing rate for that start time. USE AND CARE OF PREMISES 2 I 8. The Club covenants and agrees that it will, at all times, keep, maintain and operate such course and the facilities thereon, or in any way connected therewith, in a good and prudent manner to the end that such course shall be kept in good, playable condition. The Club agrees to keep and maintain, in good repair, all permanent improvements, such, as buildings, and water systems, including the making of necessary replacements and/or repairs even though the making of such repairs and improvements shall extend the. life. of such facility or 4acilities beyond the expressed date of this lease. The Club agrees to solely use the City's strategic business partner for the distribution and resale of all beverages as outlined in the City's current Agreement with said partner: NO PERMANENT COURSE LAYOUT CHANGES WITHOUT WRITTEN CONSENT OF CITY 9. The Club covenants and agrees, no permanent change in the layout of the course shall be made except with the express written consent of the City. All the aforementioned duties of construction, repair, alteration or maintenance imposed by the within lease are and shall be separate expenses of the Club and shall never directly or indirectly be chargeable to the City nor in any way be a mechanic's or material-men's lien or charge upon any lands. LEASE TO BE RECORDED TO PROTECT CITY AGAINST !MECHANICS LIENS 10. This instrument may be recorded in the public records of Pinellas County, Florida by City and all persons, firms or corporations whomsoever are called upon to take due notice of these limitations and the superior rights of the City herein. NO PERMANENT STRUCTURES TO BE REMOVED 11. No permanent structure, once constructed, shall be removed from the premises or materially altered except with written consent of the City and all persons, firms or corporations are expressly called upon to take due notice of the requirements of this lease. CITY RESERVED RIGHT . TO UTILITY LINES, ROADS, ETC. 12. The City reserves at all times during the term of this Lease or any extension or renewal thereof the continuing right to utilize, any portion of the leased premises for laying and maintaining utility lines or facilities, including roads, or other necessary rights of way, provided, nevertheless, the City shall use its best efforts to adopt such route or routes as will be reasonable and economically feasible to minimize interference with the purposes of this Lease. . BANKRUPTCY OR DEFAULT, CITY HAS OPTION TO TERMINATE 13. Should the Club hereinafter be adjudged bankrupt or become insolvent or in any other way be financially unable to keep the covenants of this Lease, the City may at its option, terminate the lease, as though for breach of any other covenant. 3 CLUB WILL PERFORM ITS OBLIGATIONS 14. The Club, in the performance of the covenants contained in this lease, shall at all times do or perform such acts or actions as shall be reasonably required by the context of this lease to fully perform its obligations hereunder, and shall, conversely, refrain from doing or permitting to be done any acts or actions which would jeopardize either its performance or ability to perform the covenants contained herein or the payment of rentals contemplated by the parties. INSURANCE, INDEMNIFICATION AND MOLD HARMLESS .15. The Club agrees to indemnify and hold the City and its employees harmless from and against any and all claims, demands, and causes of action or lawsuits of whatever kind or character arising directly or indirectly from this agreement or the performance hereof. This indemnity clause includes, but is not limited to, claims, demands, causes of action or lawsuits for damages.or injuries to goods, wares, merchandise and property and for any bodily or personal injury or loss of life in, upon or about the property. The Club shall obtain at its own expense, and maintain during the term of this agreement, the insurance coverages set forth below: (a) Property Insurance -- Real property including improvements or additions shall be insured. (1) Form - All Risk Coverage.- Coverage shall be no more restrictive than that afforded by the latest edition of Insurance Services Office forms CF0011, CF0013, CF0420; and CF1210. If available, at a reasonable cost, sinkhole insurance is to be included. If the provisions of the Club's All Risk Coverage do not include sinkholes and the unavailability of such coverage is verified by the City's insurance consultants, the Club shall be deemed to be in compliance with this paragraph. (2) Amount of Insurance - The amount of coverage shall be the full insurable value on a replacement cost basis. (3) Flood insurance -- When building or structures are located within an identified special flood, hazard area, flood insurance shall be provided for the total insurable value of such buildings or structures or the maximum of flood insurance coverage available under the National Flood Insurance Program, whichever is less. (b) Boiler and Machinery Insurance If the buildings or structures include boiler(s), pressure vessel(s), or air conditioning/heating equipment, the Club shall maintain comprehensive insurance covering loss on the property including liability for damage to property of others. (1) Repair and Replacement. (2) Amount of Insurance - $1,000,000.00 per accident. (c) Comprehensive General Liability -- Coverage shall be afforded on a form no more restrictive than the latest edition of the Comprehensive General Liability policy filed by the insurance Services Office and shall include: 4 (1) Minimum limits of $1,000,000.00 per occurrence combined single Ii:nits for bodily injury liability, personal injury, and property damage liability. (2) Premise and Operation. (3) Independent Contractors. (4) Products or Completed Operations. (5) Personal Injury Coverage with employees and contractual 'exclusions removed. { (6) Liquor Law Liability, if applicable. (7) Golf carts or other golfing appurtenances, not owned by the Club but brought onto the property by others. (d) Business Auto PQUc - Coverage shall be afforded on a form no more restrictive than the latest.edition of the Business Auto Policy filed by the Insurance Services. Office and shall include: (1) Minimum limits of $1,000,000.00 per occurrence, combined single limits for bodily injury liability and property,damage liability., (2) Coverage on all vehicles (owned, hired, and non-owned), (e) Workers Compensation - Coverage shall apply for all employees for statutory limits in compliance with the applicable State and Federal laws. In addition, the policy shall include employer's liability with a limit of $500,000,00 for each accident. If the State of Florida approves the self-insured status of the Club, the City agrees to recognize and accept such status ,upon proof of such approval. (f) Other Requirements: (1) The City shall be named as an additional insured on all insurance policies required under this agreement. (2) Copies of insurance certificates for all insurance required by the agreement, and copies,of all insurance policies covering insurance required by this agreement, shall be furnished to the City Cleric of the City prior to the use of the property. (3) Not less than sixty (60) days notice of cancellation or restricted modifications of any insurance policy providing the coverage required by this agreement shall be required on all insurance policies. COMPLIANCE WITH EXISTING LAWS AND REGULATIONS f - . 16. The Club agrees that in its use and occupancy of the leased property it will comply with all applicable laws, rules, regulatlons and ordinances of every governmental body.or agency whose authority extends. to the leased property or to any operations conducted upon the leased property, whether or not such laws, rules, regulations or ordinances are mentioned herein. CLUB TO SUPPLY AUDIT BY C.P.A. 17. The Club agrees for determination of the cash rental to be paid hereunder that it shall at least annually, in each year of the term of this lease, at its own cost, furnish to the City a complete audit of its operations, prepared by a Certified Public Accountant, together with such interim accounts as may from time to time be requested. Such annual statement shall be furnished within thirty (30) days of the anniversary date of this lease. The Club shall further submit an annual report of course operation, including, but not limited to, rounds played, rounds played by Clearwater residents, status of co-sponsored programs, budget including expenses, revenue and capital expenditures. RIGHT OF ENTRY BY CITY 18. Employees of the City shall be afforded the right at all reasonable times to enter upon the. leased property for the purpose of inspecting the leased property , and the Club's other facilities. OBLIGATION TO PAY TAXES 19. The Club agrees to pay, any federal, state or local taxes which may be levied on the property or any improvements or uses placed thereon, but it is agreed that the uses herein serve a public and municipal purpose, and the partners do not waive any exemptions permitted by law. WRITTEN CONSENT OF CITY NECESSARY FOR ANY CHANGES 20. The Club must obtain City approval to remove, demolish, remodel, or replace any building or buildings on the leased land, or erect new structures thereon. TERMINATION 21. City may terminate this lease with thirty (30) days written notice to the Club if Club violates any provision of this lease or fails to cure any alleged default. City may also terminate this lease for any municipal purpose (other than a golf course) consistent with City Charter by giving ,6 months written notice to Club, In the event the City terminates this lease for a municipal purpose then: a) City will reimburse the Club on a pro-rata basis for such authorized improvements. The percentage of reimbursement begins with one hundred percent (100%) on the date of commencement and declines on a pro-rata basis during each agreement year. The percentage listed below is the amount due to the Club for structural improvements authorized and approved by the City and is limited to the amounts stated in this Lease Agreement unless. otherwise modified with the consent of both parties. b) 'The Club must submit paid written reports of all improvements within thirty (30) days of completion of said improvements. City shall have the right to inspect all improvements, : Years Reimbursement of Club Improvements 0-4 100% of Club Improvements 4-5 80% of Club Improvements 5-6 60% or Club Improvements 6-7 40% of Club Improvements 7-8 20% of Club Improvements c) Any claim for reimbursement must be approved by the City Commission. Upon reimbursement. Lessee shall release all claims against Lessor arising out of this Agreement, and Lessee shall have no further claim on said Premises. HOLDOVER AFTER TERMINATION ON MONTH TO MONTH BASIS 22. If the- Club, with the consent of the City, continues in possession of the [eased property after expiration of'the term of this lease, then the Club will be deemed to be holding the leased property on a month to month tenancy subject to all of the other provisions of this lease, but such i tenancy by sufferance of the Club shall not be construed as a waiver of any right hereunder conferred upon the City. FAILURE TO ACT BY CITY NOT A WAIVER 23. Failure of the City to insist upon performance of any covenant hereunder shall not be deemed to be a waiver of the right to insist upon.full performance at any subsequent time. AMENDMENTS MUST BE IN WRITING 24. Any additions or modifications to this lease shall be in writing and shalt be executed by both parties, and no oral agreement shall be effective to change or modify the terms of this lease. IN ,WITNESS WHEREOF, the parties have executed and delivered this Agreement the day and year first above written. Signed: CLEARWATER GOLF ASSOCIATES, INC. By: By: Greg McClimans President Attorney ?.1 ' '- 'ice ,;, s -.'1. ' _ .. .f• ¢?'. , Clearwater Golf Park •ExhibiVIA„ „ . Commence at the center of Section 12, Township 19 South; ltangq 15 East;'thence N89°19'10"W, 50.00 feet to a point.on the West right afway line efl-lercules Menuc; 't thence SOO'16'59"W, along said West right of way litre 1,489,39 feet to the North-right of way of Gilbert Street, thence N89°20' 18"W along said North right of wayline 375 ' ' feet;.thence NOVI6'59"E, 160.46 feet; thence N89'20'1 87W, 200.84 feet to the Point of. , :'Beginning; thenceN25°13'17"W, along a line 135 feet West of and.parallel to the centerline of the Clearwater Airpark 3,425.58 feet; thencc'N89,'21'07"W, 602.36 feet; ! thence SO0°13'07"W, 2;159.40 feet; thence East, 547.38 feet; thence SOOC'223'02"E, 928.95 feet; thence S89020'1 8"1,527.86 feet to the point of beginning, Less all 'existing right of way for Keene Road, less property described in 00..1:1494,' page' 830-845, and less 60 feet for Airport•Drive along the South boundnry of this .' described tract. 1. . . 1t 5 y ' .. r 'i CITY OF CLEARWATER. FLORIDA • PUBLIC WORKS ADMUOTRATION ENGINEERING EXHIBIT "A" 1 1 a r I I I I I I w w 0 1 . I 1 --R I r as we ¦ n tf w r ? ~ ? w • a l t f 7 a f a r ? ? w I scow t a a r a? w a n w u h n a n Y l II I? 1 I I ---------------- rr.r s •rrT a I I ? . I k NORT?i SCAM r • 80Dr I 12 1 .i I Clearwater City Commission Worksession' Item fit: P v2 Qt Agenda Cover Memorandum Final Agenda Item N? Meeting Date: la11310 f SUBJECT/RECOMMENDATION: Authorize lease purchase financing of a 2002 GMC Savannah 3500 15 passenger van to be included in the City of Clearwater Capital Improvement Program for FY 2001/02, and award a contract to Garber Auto Mall in Green Cove Springs, Florida, in the amount of $21,227.00 in accordance with Section 2.564(1)(d), Code of Ordinances, Florida Sheriffs Assoc. and Florida Assoc. of Counties Contract #01-09-0905, I@ and that the appropriate officials be authorized to execute same. SUMMARY: V . • Resources to provide participant transportation continue to be a need within all recreation delivery . systems. This acquisition provides a dedicated vehicle for the Joe DiMaggio Sports Complex. • . Current fleet of vans is over booked making it difficult for Recreation Staff to plan activities that are popular but require transportation. Also, provides a vehicle for equipment deliveries and event transportation nee'ds.as well as an additional loan van for other'City operations. o Since this new initiative was a late initiative in the budget, funding for operating costs was included in 2001/02 Parks and Recreation Department budget, but the project was not reflected in Capital Improvement Program. + Annual operating costs for this purchase is included in the Parks and Recreation's FY 2001/02 operating budget for as follows: $4,250 Debt Service 010-01831-591600-581-000 $1,520 Garage Service-Variable 010-01831-541500-572-000 + Staff recommends capital improvement project (315-93268) fie established at first quarter amendment for FY 2001/02 as a lease purchase project in the amount of $21,227. Reviewed by: Originating Dept: Costs Legal NIA info srvc N/A Kevin Dunbar Total $21,227 Budget Public Works NIA Parks & Recreation Dept. Funding Source: Purchasing F DCtvVAC&i User Dept. Current FY $4,250 CIP $21,227 Risk Mgml A Other N A Parks & Recoo n pept, OP Attachments Other submitted by: • 0 None City Manager +L.?L Appropriation Code: 315-93268 75 Printnel nn rnrVA-A n?nhr o..., Wnn ..r ?r Clearwater City Commission Work session Item #: p Agenda Cover Memorandum rinal Agenda Item # 5,c*;? Meeting Date: f'AN)Ol SUBJECT/RECOMMENDATION: Award a contract to Garber Auto Mall in Green Cove Springs, Florida, in the amount of $29,534.00 for the purchase of two 2002 GMC Sonoma extended cab pickup trucks Spec. #16 in accordance with Section 2.564(1)(d),'Code of Ordinances, Florida Sheriff's Assoc. and Florida Assoc. of Counties Contract # 01-09-0905 and authorize lease purchase financing under the City's Lease Purchase Agreement, ?K and that the appropriate officials be authorized to execute same, SUMMARY: • An increase in construction projects throughout the City has created the need for reclassification of existing positions within the Construction Division of Public Services. In the 3' quarter of FY 2000101, two positions were reclassified to: Construction Inspector and Construction Superintendent. e . Funds were originally included in the FY 2001/02 operating budget for the cash purchase of two /a ton extended cab pick-up trucks to accommodate these reclassified positions, but it has been determined that it would be better to lease purchase these vehicles. • A .,first quarter budget amendment will establish capital project 315-92833, Public Works Construction Vehicles in the amount of $9,534 to accommodate the lease purchase of these `vehicles. In addition, $5,780 will be transferred as a first quarter amendment from savings in the Public Works Administration Construction program fine item 010-01322-591000-581-000 to Debt Service: 010-01322-591500-581-000 to fund the annual debt payments on the vehicles. • Annual operating costs for these purchases are already budgeted in the Public Services FY 2001/02 operating budget as follows: $4,000 Garage Service-Variable 010-01322-541500-572- 000 Reviewed by: Legal NIA Budget -,? Purchasing Risk Mgmt NIA Info srvc NIA Public Works CNVACM Other f JA City Manager Prinlod nn rerudod nanny Originating ept: PWA User Dept. PWA Public Services Attachments R None Costs Total $29,534 Funding Source: Current FY $5,780 Cl X OP X Other Appropriation Code: 315-92833.591000.549-000 Rnu_ 71gn M! Work session Item II: Puy Clearwater City Commission Agenda Cover Memorandum , Final Agenda Item II Meeting Date: '12/13/01 SUBJECT/RECOMMENDATION: Ratify and confirm Change Order #I & Final for the "Restroom/Shower Facilities at Clearwater Municipal Marina" (00-0011-MA) to Oakhurst Constrtction Company, Inc. of 'Seminole. Florida increasing the contract amount by $70,348.50 for a new contract total of $171,658,50, and that the appropriate officials be authorized to ekecute same. SUMMARY: • On October 5, 2000 the City Commission approved 'a contract to Oakhurst Construction Company, Inc. of Seminole, Florida for the sum of $I01,310.00 to reconstruct the old Starlight Majesty Office Building at the east end of the Marina and convert it into anew restroom and shower facility. • . During dern6lition operations, it became apparent additional structural elements and building components I' would need replacing to comply with current building code requirements. These requirements included structural anchorages of the floor and roof joist systems as well. as piling and seawall repairs. • . A major upgrade was made to the sanitary sewer lift station to meet the latest Public Utilities standards and to meet future sewage "pump out" capabilities for large vessels docked at the marina. In addition, the sewer system was expanded to accept the sewerage from the "Bait'I-louse Restaurant". • The plans for the electric water heating system were revised to accommodate natural bas. • Sufficient budget End funding are available in 315-93493 Marina Restroom Renovation for the additional $9,647.00, in 423-02077-543200-532-000 Gas Energy Conservation Allowance-Recovery for the additional $3,836.50'and in 315-96665 Sanitary Sewer R & R for the additional $56,865.00, .. Reviewed by: Orlglnating Dept: Costs: Legal Info Srvc NIA Public Works Adm. (GLB) Total $70,348.50 Budget ? Public Works User De t. Funding Source: Purchasing DCM/ACM Marina Current FY Cl X Risk Mgmt NIA Other Attachments OP Other Submittod by: City Manager f Nona Appropriation Code: • /_?t 3'15.93493.563600.575-000 (A) $ 9,647.00 /? 315-96665-563800-535-000 (B) . 56,865,00 423-02077-543200-532.000 C 3,836.50 Printed nn rnevelad naner C091 & Final Restrnnrn Shnwar Fnetlitlas at Clw_ Munlalnal Mmrlnn Rw_ 2198 ' ' CHANGE ORDER #s & Final PROJECT: Restrooni/Shower Facilities at DATE: November 1, 20011 Clearwater Municipal Marina ;CONTRACTOR: Oakhurst Construction Co., Inc. 7497 - 136th Street North Seminole, Florida 33776 f PROJECT NUMBER: 00-0011-MA PO REFERENCE NO.: 699 26922 DATE OF'CONTRACT: October 26, 2000 CODES: X1.315-93493-rj6,q6oo-525-ooo, B: 31,-96666-?6.q8oo-536 opo C:423-02477-542200, ?W-0 0 SCOPE OF CHANGE: THIS CHANGE ORDER ACCEPTS REVISIONS TO THE CONTRACT SEE ATTACHED SHEET FOR ADDITIONAL ITEMS STATEMENT OF CONTRACTAMOUNT ACCEPTED BY ORIGINAL CONTRACT AMOUNT $101,310.00 Oakh t txe cti n Co., Inc. CHANGE ORDER #1 $ 70,348.50 NEW CONTRACT AMOUNT $171,668.60 By: EATJ Glenn arangelo President Date: -???-°i_-C?? _ Brian J. Aungst, Mayor-Commissioner Witnesses:' (Approved as to form) Susan Darcangelo ?Jadb-C. Hayman Asst. City Attorney I Marina Da angelo ATTEST: Recommended By: Cynthia E. Goudeau, City Clerk Date: Glen L. Bahnick, Jr. CITY OF CLEARWATER, in Asst. Dir. Of Engineering/Production j P1NELLAS COUNTY, FLORIDA William B. Horne, II City Manager . ooounco1(.doe ` Page 2 Change Order #1 &Final Restroom/shower Facilities at Cleamater Municipal Marina (oo-ooll-MA) Decreases for Code "A 3A 1o% CONTINGENCY L.S. 1 @ $ "9,210.00 = $q,210.00 Decreases for Code "A'.'. .$(9,210-00) Increases for Code "A" .4A BUILDING CHANGES L.S.: 1 @ $ 4,895-00' = '$4,895-00 6A STRUCTUAL CHANGES L.S. 1 @ $ 9;362.oo = $9,362.00 . 6A SE'UVER/PLUMBING CHANGES L.S. , 1 @ $ 4,6oo.oo = $4,6oo.0o Increases for Code "A" $18,857.00 Total Decrease Code "A" $(9,216.00) Total Increase Code "A" Net Total Code "A" $ 9,647.00 .Increases for Code "B" 7B '..'LIFT STATION UPGRADES L.S. 1 {1 $52,615.oo, = $62,615.00 8B FORCE MAIN L.S. 1 @ $ 4,250,00 = X4,2550.00 Increases for Code "B" $56,865.00 Increases for Code "C" 9A UPGRADE TO GAS L.S. 1 @ $ 3,836.50 = 5, &b 50 Increases for Code "C" $3,836.50 Net Total Increase Code "A" $9,647.00 Net Total Increase.Code "B " $56,865,00 Net Total Increase Code "C" :. 13,8g6.5Q Net Total Increase to Contract $70,348.50 ' Previous Contract Total $101,310.00 Plus C.O. #1 & Final ?M,348.A0 New Overall Net Total Contract Cost $171,658.50 . } Work session Item #: p w Clearwater City 'y. Commission Finai'Agendo item # 5 Agenda Cover Meeting Date: 12/13/01 Memorandum SUSJECURECOMMENDATi4N: Approve an amendment to an Agreement For Maintenance and Operation of Citywide Computerized Traffic Signal System between the City and'Pinellas County, D and that the appropriate officials be authorized to execute some. SUMMARY: is The City and the County entered into an Agreement For Maintenance and Operation of Citywide Computerized Traffic Signal System on February 23, 1988. • The City and the County now wish to modify the Agreement in order to replace and update the existing computerized'traffic signal system hardware and central communications units. • An understanding and agreement between city and county stafI's has.been reached as to the responsibilities associated with the design, installation and maintenance of the updated system: • Funding for the replacement of the existing citywide computerized traffic signal system will be provided by Congestion Mitigation Air Quality (CMAQ) federal funds. These funds will be used by the county to design and construct the upgraded system. • The City shall contintte to be responsible for maintenance and continuous operation of the citywide computerized traffic signal system. • The City will save about $8,000/year due to reduced computer maintenance associated with the new system. • Nothing within the amended agreement will increase liability to the City. i # • A copy of the Agreement is available at the City Clerk's Office for review. Reviewed by: Legal liafo 5rvc Budgc,t NIA Public Works Purchasing NIA DCNVACM Risk Mgmt NIA Offset Submitted try: City Manager _ POMM on recvded imner Originating Dept: Costs NIA NIA Pubii /Eng. Total (t'. Bertet5) User Dept. Funding Source: Public Works Adm.fEhg. Current IY CI Attachments OP Other None ` Appropriation Code: Amendment to OLM Aereenumt with County Rwv. '1 NA 1 • 1, .. ` AMENDMENT TO AGREEMENT BETWEEN PINELLAS COUNTY AND THE CITY OF CL.EARWATER FOR MAINTENANCE AND OPERATION OF CITYWIDE COMPUTERIZED TRAFFIC SIGNAL SYSTEMS THIS AMENDMENT to the AGREEMENT FOR MAINTENANCE AND OPERATION OF CITYWIDE COMPUTERIZED TRAFFIC SIGNAL SYSTEMS, made and entered-into this day of 2001, by and between PINELLAS COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County" and CITY OF. CLEARWATER, a• municipal corporation of the State of Florida, hereinafter referred to as "City." WITNESSETH WHEREAS, the County and the City entered into the AGREEMENT on February 23, 1988, pursuant to which then County agreed to' provide funding for the design and Implementation of the computerized traffic signal system in City, and whereby City would be responsible for the maintenance ' and continuous operation of the citywide computerized traffic signal system upon completion of Its Installation. WHEREAS, the County and City now wish to modify the AGREEMENT in order to replace and update the existing computerized traffic signal system hardware and central communications.units in the City of Clearwater. WHEREAS, funding for the replacement of the existing citywide computerized traffic signal system will be provided by Congestion Mitigation Air Quality (CMAQ) federal funds, pursuant to FIN # 406255 2, and managed through a local Agency Program (LAP) Agreement between the State of Florida Department of Transportation and Pinellas County dated NOW THEREFORE, the parties agree that the AGREEMENT is amended as follows: .1. Paragraph 1 of the AGREEMENT Is amended as follows: Funding for the replacement of the citywide computerized traffic signal system shall be provided by CMAQ funds and managed through a LAP Agreement between the County and the State of Florida Department of Transportation. 2. Paragraph 2 of the AGREEMENT Is amended as follows: Replacement of the existing. citywide computerized traffic signal system hardware C:1??itydu??sl i lr111Plsignn[ fhcad mplucemcnt agreumunt City of ClcanYatcc,dau rage i o1`4 and central communications units in City shall be replaced by County in accordance with the Agreement for Consultant Services for the Pinellas Countywide Traffic Signal System Head Replacement and Wide Area Network Project between County and Computran Systems Corporation dated incorporated herein by reference, and the LAP Agreement. City shall continue to'be responsible for the maintenance and continuous operation of the citywide computerized traffic signal system upon satisfactory completion of the County's Installation of said system. 3. Paragraph 7 of the AGREEMENT is amended as follows: This Agreement for the Maintenance and Operation of Citywide Computerized Traffic Signal Systems shall remain' in force during the life of the equipment being installed as a replacement.for the existing citywide computerized traffic signal system unless otherwise amended by mutual written agreement of the parties. 4.. The AGREEEMENT is amended to include the following language as, Paragraph 10: Any amendment to or modification of this Agreement or any alteration, extension, supplement or change of the time or scope of the work shall be In writing and signed by, both parties. This Agreement shall be governed and construed in accordance with the. laws of the State of Florida. Nothing herein shall be construed to create any third party beneficidry rights in any person not a party to this Agreement, nor to increase the liability of the County or the City to third parties under any theory. If any word, clause, sentence or paragraph of the Agreement is held invalid, the invalidity ' shall not affect other provisions of the Agreement which can be given effect without the invalidity shall not affect other provisions of the Agreement which can be given effect without the invalid provision, and therefore the separate provisions of this Agreement are severable. . This document embodies the whole Agreement of the parties. There are no promises, terms, conditions or allegations other than those contained herein and this document G:1?vindousll'l'NIMsignal head mpluccmcnt agrcemcnt City of Clearmtcr.doc Page 2 of4 IN WITNESS WHEREOF the parties have executed this Amendment to Agreement by their . duly authorized officers, and their officiai seals hereto affixed, the day and year first written above. ' PINELLAS COUNTY, FLORIDA. CITY OF CLEARWATER, FLORIDA, a by and through its Board of County municipal corporation of the State of Florida Commissioners By: WilkiaM;,B. Horne, Ii City Manager Chairman COUNTERSIGNED: ' ATTEST: By: Brian Aungst'. Mayor-Commissioner, ' KARLEEN F.-DeRLAKER ' ATTEST: By: By: Deputy Clerk Cynthia E. Goudeau, City Clerk APPROVED AS TO, FORM APPROVED. AS TO FORM Awt? SUBJECT TO PROPER EXECUTION: }: : n C.. Hayman, Asst City Attorney Office of the County Attorney APPROVED AS TO FORM: Office of the County, Attorney . C:\%0ndows\1Th111%si}31u1 head mplacemcnt agrccmcnt City of Cfear 'ater,doc Page 4 d4 ' .. , .All AGRHHMHNT FOR MACli RANCII AND OPERATION OF CITYWIDE' COMPUTERIZED TRAFFIC SlaHAL SYSMH THIS AGREEMENT Is ' made and entered into this ahL day of 46A c,t? , 1988, by and between PINELLAS COUNTY, a political subdivision of the State of Florida, tend the CITY OP''CLEARWATER, a Florida' municipality. WITNF,SSETHs WHEREAS, Pinellas County (herein, the "County") proposes to spend a portion of the County local option gas tax revenucs on'the design and Installation of a citywide computerized traffic signal system (herein, the "System") serving the City of. Clearwater (herein, the "City"); and WHEREAS, the County snd the City have determined that It is in the public Interest for the City to maintain and operate the System upon the satisfactory completion thereof( NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein to be undertaken by the respective p?rtics hereto, the parties mutually agree and covenant as follows: 1. The County shell provide the funding for the design and installation of the. . System, and shall select, employ' and supervise the work of such contractors and professionals as may be necessary, for such purposes. As used herein, the "System" Includes but Is not limited to the computer hardwar,3,and software, cable, conduit, traffic signals and appurtenances thereto, necessary to accomplish that portion of the countywide computerized traffic signal system serving the City, as generally depicted in the schematic drawing attached hereto as Exhibit 1. 2. The Clty shall be responsible for the maintenance and continuous operation of the'System or any operable portion thereof upon satisfactory completion of Its Installation. Completion of installation shall be considered to have occurred upon the joint final acceptance of the contractor's work by the City and County, evidence of which shall be given In writing to the contractor and to each party hereto. The City shall also be responsible for the maintenance and continuous operation of the System or any operable portion thereof during the "burn-in" period between joint conditional acceptance by the City and Coun+y and final acceptance except for those responsibllities specifically assigned to the contractor. 5 t J. -The City shall be responsible for the maintenance and continuous operation of.all of the traffic signals that are connected to the System; however, if any of such traffic signals are outside of the corporate limits of the City, the City's re'sponsibtlittes as to any such signals shall be as set forth in separate maintenance ' agreements. for each Individual signalized intersection that may be entered into between the County and the City. 4. The City shall maintain and operate- the System in a manner that will 12 promote the safe and efficient movement of highway traffic and pedestrians and that i agrees with generally accepted maintenance practices, consistent with the design limitations of the System. 5. The City shall employ a sufficient number of engineers, analysts, and system operators to properly operate the System, and a sufficient number of qualified traffic.signal technicians and electricians to properly maintain the System, 8. The City of Clearwater shall provide the funding for the proper operation and maintenance of the System from within its own funding sources. The City shall not expect to receive any financial assistance from the County local option gas tax revenues for such purposes. However, nothing in this Agreement shall be construed as a pledge by the City of its general revenues or as a bond for which referendum 'approval Is required by the Florida Constitution. 4 7. This Agreement shall remain In force during the life of the original Installed control center equipment. „ t B. This Agreement Is intended solely to define the relationships and duties of each of the parties hereto relative to the other party, and is not Intended to and shall not be construed as conferring any right or benefit upon any person not a party hereto.' 9. Nothing herein shall be construed as a' waiver by either party of any defense or limitation available pursuant to Section 788.28, Florida Statutes, as the same may be amended from time to time. IN WITNESS WHEREOF, the undersigned have hereunto affixed their hands and ' seals the day and year first above written. Countersigned: CITY OF CLEARWATER, a Florida muniefpallty fayor-Comm ss oner Inter rr}_4 tY QAdPt Approved as to form Attest: and correctness :r Byl ?Y tarn - ? - Y er3i f ' i ?. Work session Item #: Puj I I Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # 5S Meeting Date; 12/13/01 SUBJECTIRECOMMENDATION: Approve the final plat for Townhomes at One Kapok Terrace located along the-East side of McMullen-Booth Road and approximately 0.3"miles south of S.R, 590, and that the appropriate officials be authorized to execute same. SUMMARY: • This plat will subdivide a meets and bound track of land into 14-platted lots with common areas, • The applicant is proposing to build 12 Townhomes at this location. This property is zoned t-MDR (Low, Medium Density Residential). The Development Review Committee has approved this development on April la, 2000. • The applicant has increased the width of the units to make them more marketable. Two buildings with 6- units each will be constructed instead of one continuous building with 14 units proposed by the previous applicant.. Revlewed by: " Originating Dept: ? Costs Legal , NIA Info Srvc NIA Public Works --?T, 'total Administration Budget NIA Public Works , User Dept. Funding Source; Purchasing NIA DCMIACM NIA Current FY CI Risk Mgmt NIA Other Attachments OP Other Submitted by: City Manager O Location Map A riation Code: ro pp p printed on recycled paper Plat; Townhomes at One Kapok Terrace r i. M. a .r?r i1 I1?ll .t??I.I PROPOSED SUBDI MION '1J®R'T"H r01MHOMESAr S -(31f ONE.KAPOKTERRACE OAL lts+f fit --11 {..1. ??w } ,?lllAwAH[ ti 51 11LLS r n "?iJa?ir.r In v' r fJ ? (} y ? Y iL? q 3 S`y ? le M 1 } ? ?"41? ?:?? K?iU?? V (jl 9? J r5R 594 ±tfr 57 5^''? ?1' n EH AlIf-.?31(.R \` r W-1-4-3 'lu 4?/Lf F ?j h (OAV IrAVt ll ?w + Y/ r? Q L?"?1rn nR .i Cro' ? ? ,_ ?_? ? Z 4 1 n Zr>J'rEP 131 N1 T 91H ' itHHAL[-'[SM 11?? T 51-f:"1?? Lk7 n-,T tPfl?r L .+?' W ?F u `ES V ?+ 2 i ?.r1r A11 mf1H i__ r r? M h ? l?O ? ? y? O v 1ApA1? J ?? ?r G.T Yr U ? CA EFr ?` r`?- if r [r - n? It I°1 f r"f`_ ?PA l CkEANyyA 1CR SfiC1Y eURb ' ? a-; '(; F15111 6R it r UYQJIf--- {„r = 5? § ???rt1C PROJRCT ?v????' av,AOf,o^?}r ?fH tAYe L SITE I.rI_• ?= r'e?? LLrt a ??'-'1.. ? I r-?? ? r?l ttRVFk? E / ? ,??_.• ?.I •? ?..J ?/? t O ??'' n AFl1F: Ill LDk11A[lrA) L!-FI 57 /?f 5rll t Fit»? ?l ?' i O /r/ V DOA iiiiii I, mXn- I u. ??M'lCWt7:X7 ? ? , {ll Yrlt?%.10 Ft?? OR. h? RIGAi?•??Dm •-__ tACFI JI , 2 t _ CHl:rr 51 _____ ?.?t-? It ? ? F ^ n C_ . r=7r?l x ILIl1 ter'-' "? t ? V ? L Pt,ln Ctsrra ,Ig1E nr •? ? ?i ti . ? rr\ n ACi+r [•AI3r:iEi-a \ ' {53f i? CIF?U•, tr ? U ,TA ?• J 1A?_ ?_?? ?7tF HEW AA n??--?•-A-A-?'•? bil _A% RDJ ROY? At{ ritXFE Nf1 /' ?/, I ?_ ? Yl y i/ J 1 fJr FIfXr15L,AUM LA IiA 41111( lA / n --?G HAr L ' r A. "3ro2htl•Pt'? -?? to vnUwMe ' LSnNOntl 5! ? -?=?? fl rNry'r? "jl u fi ?rr3 n ti ? 7't''- ,Kw{H'•; F'ARx NA rNAr ui ' CITY OF CLEARWATER, FLORIDA PUBLIC WORKS ADMINISTRATION ENGINEERING ?::W w; r tnwta??U?aE S ?l I c r. . .ON(' KAPOK 101RACE ^^vru E „r 1 '1? I i UPU5ELi 5UE3UIY151Ut•1 '- Wil • lUrrf}I ' 'r 71 A 3 I z r„ so, I L,. ? ITY 0F C'LEARW,A, TER' %? POST OFFICE Box 4748, Cm-.RU'ATER, RoBII].1 33178-4 48 TELEPHONE (727) 562.4+750 Fkx (727) 762-4755 =. gTER loss 4 fteuc WORKS ADMIN-15rRATION May 31, 2000 Pinellas' County I Public Works/Engineering 444 Court Strcct Clearwater, Florida.. 33756 Atm.: Ms. Leah Pietroburgo Re: Final Plat: Townhornes at One Kapok Terrace Dcar Ms. Pietroburgo;: Enclosed are two copies of the plat for the subject project.' . Please review the plat and return one of the copies to me with any comments or changes you need addressed prior to its submittal to the County. I can be reached at,562-4798 for any additional information. Thank you for your continued cooperation and assistance in handling this matter at your earliest convenience. Sincerely, j Donald D. Melone Engineer I I encl. ; Put l.tc to Cnty Coe- Toxnhomes at One Kapok Tetsdoe ONE CITY, OXE Fl.- lm Bpi 1L%; J. AuNGST, %YOR-CONINI I 551ONER EA HOQVE1t, VICE N"YOR-CON151155IONER BOB CI." Com1.1155101"FR ED RaT, CVNIMISSIOXER ® JAJoHssoS', CommlSslosLR r °??L:?l. G?1PLO11lE?r ,??D ?}F1R)L?TI? fi ACDON Es mo ER° OFFICIAL FORM'FOR SUBMITTING PLAT FOR APPROVAL TO PLANNING & ZONING BOARD & CITY COMMISSION REQUEST FOR-APPROVAL OF SUBDIVISION PLAT AND AGREEMENT TO INSTALL IMPROVEMENTS,' ETC. CLEARWATER, FLORIDA August 1. }200.1 TO: City of Clearwater, Florida City Hall Clearwater, Florida 1. I, (We) The Brenadette Corporation are the i. owners of the following described property (give legal description used on proposed plat or attach separate sheet if length requires:) " • per Plat ' and represent that all taxes have been paid on such property and that the property is free and. clear of all encumbrances except (list.in details): per o & E (all lien holders must join in signing plat and in signing this letter.) 2, Herewith is submitted a proposed plat (Must be copy of proposed final plat complete except for signature) of such property as a subdivision located within or adjacent to the City thereof, to be known as Townehomes-at One;Kapok Terrace ^ and respectfully request that such plat be approved by: PLATPROCI (a) The Planning & Zoning. Board of the City and Supervisor of Plats of the City (b) -The City.Commission of the City as required by the Charter and Ordinances of the city ' 3.1 And, as an inducement for the procurement of such approval. (I; (We) for myself (ourselves) We and my (our) our heirs, executers, successors, legal. representatives and assigns, do hereby covenant and agree with the City of Clearwater,that I (we) will construct; erect and install within such subdivision, within a. period of 365 days from the date of such approval-by the City Commission, the,Subdivision improvements as described in and required'by.Chapter 133, Clearwater Code of Ordinances. All improvements are to be approved by the City Engineer (if any'of the following are already installed, so note, or if it does not apply,' indicate as N/A): A. STREETS: N/A B.. CURBS AND GUTTERS: N/A C. SIDEWALKS:- N/A D. PARKWAYS:, N/A E. EASEMENTS: per Plat F. SANITARY SEWERS: N/A existing G. STORM SEWERS AND.DRAINAGE:N/A existing' H:, UTILITY LINES: N/A existing I. RIGHTS-OF-WAY: NIA J. STREET LIGHTS AND STREET NAME SIGNS: N/A A. In order to secure compliance by the undersigned with the covenants and agreements set forth herein'and within the time limit given above, there is hereby handed to'you'a performance surety bond or bank escrow account'in the sum of $ N/A , the estimated cost of.t,he required subdivision improvements as prepared by a Florida'Professional Engineer and approved by the City Engineer. IN WITNESS WHEREOF, 1.(We) have hereunto set our .,hand(s) and affixed seal (s),, this August 1stday of 2001 . (SEAL) . . Pr / ohn A. LoBianco ofFAL) (SEAL) Signed sealed and delivered in our presence: WITNESS Emile Guirgess ?7L WITNESS Joan Reed TITLE OPINION LETTER SEPTEMBER 25, 2001 Central Florida 'title " CLERK OF THE CIRCUIT COURT 315 COURT ST. CLEARWATER, FLL3RIDA 33756 RE: PROPOSED PLAT OF TOWNHOMES AT. ONE KAPOK TERRACE . 3325 66th Street North SL Petersburg; FL 33710 THIS IS TO CERTIFY THAT I HAVE•EXAMINED THE PUBLIC RECORDS OF PINELLAS COUNTY, STATE OF FLORIDA THROUGH OCTOBER 3, 2001, IN REGARDS TO THE Phone:. 727-344-3069 FOLLOWING DESCRIBED PROPERTY: SEE EXHIBIT "A".' rax:727-343-5414 WE FIND THE RECORD TITLEHOLDER OF THE ABOVE DESCRIBED LANDS VESTED IN THE BERNADETTE CORPORATION, A FLORIDA CORPORATION, WHOSE NAME APPEARS " IN THE DEDICATION OF THE PROPOSED PLAT.FOR PLAT PROPOSAL OF Diq . - HOMES' OF . ONE KAPOK TERRACE.; TOWN WE FIND THE FOLLOWING MORTGAGES FILED IN THE PUBLIC.RECORDS OF PINELLAS ' COUNTY, FLORIDA: NONE TAX INFORMATION IS AS FOLLOWS: . PARCEL. NO. 09/29/16/64101100010000 2000 Taxes PAID In the gross amount of $1,172.67 and WAS NOT homestead. ' Taxes DO NOT include more land than subject premises. Total Assessed Value: $51,000.00 I WHEN MORE THAN ONE PAGE IS NEEDED, EACH WILL'BE NUMBERED. 798MO IRQWVAr , a Indepen knUy Owed and operated by NWr Incnrpnnted 1 A PARCEL OF LAND LYING IN THE NORTH/20F THE SOUTHEAST % OF THE NORTHWEST %OF SECTION 9, TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS, FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE NORTH'/: OF THE SOUTHEAST'/.OF•THE NORTHWEST %, SECTION 9, TOWNSHIP 29 SOUTH, RANGE 16 EAST. PINELLAS COUNTY, FLORIDA, THENCE NORTH 89 DEGREES 22' 36" WEST, ALONG THE SOUTH LINE OF SAID NORTH %: OF THE SOUTHEAST'/. OF THE NORTHWEST'/. A DISTANCE OF 150.00 FEET, THENCE NORTH 00 DEGREES 04'00" EAST, A DISTANCE OF 60.00 FEET; THENCE'NORTH 66 DEGREES 27'06" WEST, A DISTANCE OF 82.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 66 DEGREES 27' 06" WEST, A DISTANCE OF 190.56 FEET; THENCE NORTH 00 DEGREES 04'00" EAST, A DISTANCE OF 186.00 FEET TO CENTER LINE OF ALLIGATOR CREEK; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY ALONG THE CENTERLINE OF ALLIGATOR CREEK TO THE EASTERLY CORNER OF ONE KAPOK TERRACE PHASE IV, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN CONDOMINIUM PLAT BOOK 84, PAGE' 4, OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, THENCE SOUTH ' 38 DEGREES 10' 00" WEST ALONG SAID EASTERLY BOUNDARY LINE, A DISTANCE OF 71 '.64 FEET; THENCE NORTH 89 DEGREES 07' 25' WEST, A DISTANCE OF 18,13 FEET TO THE MOST NORTHERLY CORNER OF ONE KAPOK TERRACE, PHASE V, ACCORDING TO THE MAP OR PLAT THEREOF AS „ RECORDED IN CONDOMINIUM PLAT BOOK 90, PAGE 16 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 51 DEGREES 30'00" EAST, ALONG SAID NORTHERLY BOUNDARY LINE, A DISTANCE OF 131.78 FEET TO THE NORTHERLY BOUNDARY LINE OF ONE KAPOK TERRACE VI, ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN CONDOMINIUM PLAT BOOK 102, PAGES 8 THROUGH 10 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA; THENCE SOUTH 64 DEGREES 03' 10" EAST, A DISTANCE OF 229.01 , FEET;'THENCE NORTH 67 DEGREES 29'26- EAST, A DISTANCE OF 127,11 FEET TO THE POINT OF BEGINNING. ' CITY OF CLEARWATER j S??L??C CITY CLERK DEPARTMENT PQST.OFFlcE BOX 4748 ??' ????? CLEARWATER, FLORIDA 34818-4748 4 August 9, 2000 rE Pinellas County Court House j 315 Court Street Cl eax-wa ter, FL 33756 Request Received: Augus 2, 2Q00 Legal Description: One Ka ok Terrace Condo less Phases T thru VX Sec 09-29-16-641 01-000-'0000 Section 09 'Township 29 Range . 16, See Below for. Response. XXXX 'No unpaid recorded C1ty Liens. For- other possible .assessments contact' the County. For current outstanding' Utility .bills contact Clearwater. Utili ties 8131562-4600. Susan Stephen Deputy City Clerk s FINAL FLA SUBDIVISION NAME: r DAM - W 1. PLANNING AND D NT SERVICES: 7•Z6•d?• REVIEWED BY: DA a) D.R.C.. Appro val Date: / ?11 b) Final Preliminary Plat Certification Date: 2. PARKS AND RECREATION DEPARTMENT: ' REVIEWED BY: ? DATE.-, - d0 COMMENTS: L?j 3. GAS DEPARTMENT- REVIEWED BY: ' DATE I COMMENTS: Np ?bJedT1o'J 4. ,PUBLIC WORKS AD ON/TRAFFIC: REVIEWED BY: DATE: 'COMMENTS: , . y 5. PUBLIC WORKS ADWNISTRAMON/PRODUCTION: REVIEWED BY: DATE- COMMENTS. vr-?- no le on L- r being signed.): afte 7. CITY CLERK {Secretary io call Public Works Administration for pick 7-C." (PARCEL NUMBER L 'I r' LI G U n c= try} T REVIEWED BY: DATE: 9 ?d COMNEENTS' ACCORDING TO OUR RECORDS THE CITY V? CLEARWATER HAS NO UNPAID RECORDED LIENS AGAINST THIS PROPERTY. FOR CUII,- Rx`IT OUTSTANDING UTILITY BILL# & PENDING LIENS. CONTACT: CLEA&WAZiRC,, F 8. CITY ATTORNEY {Secretary to call Public Works Administration for pick up after being siZ-0 ? ? REVIEWED BY:DATE: 1-== 7, G, ?- 9. CITY MANAGER.(Secretary to call Public Works Administration to pick up plat and processing sheet after being signed by City M:Imagr.): APPROVED BY: DATE-: Sheet 2 of 2 Finel Plat I'rocarir+gSheet ,. REV 12/04/97 SUBJECTlRECOMMENDATION: Clearwater City Commission Agenda Cover Memorandum 1? ?-SO Final Agenda item # n S? I Meeting Date: Dec 13, 2001 Approval of the policy that applicable Community Development Block Grant (CDBG) program income may be allocated to the next highest scoring applicants at 50% of. the original request with any unused portions being, allocated to City of Clearwater administered activities, should all applicants be funded according to the rules and regulations outlined in 24 CFR 570. Approve $41,758 of CDBG program income to be allocated to the Public Service category as allowed by 24 CFR 570 and to be allocated to Pinellas Opportunity Council and Girls, Inc. ? and that the appropriate officials be authorized to execute same. SUMMARY: Each year, the City of Clearwater may allocate up to 15% of its Community Development Block Grant Budget toward Public Service activity. Public Services are defined as administrative funding for eligible agencies. That dollar amount is typically $150,000. The City may also allocate 15°1 of its program income toward Public Service activities, if it chooses to do so.. Program income is gross income derived from repayments made to the City of Clearwater and its CDBG grant recipients that are directly generated from the use of CDBG funds. The City typically generates program income from loan repayments. Funds in excess of 1112"of the City's annual entitlement must be remitted to the line of credit, however the remainder can be allocated to ongoing activities proportionally. In September ? 2001, the Housing Division recommended that excess funds be awarded to sub- recipients according to their scoring at 50% of the applicant's original funding requests. In the event that all applicants are funded, the funds would move into the City of Clearwater's Housing related activities. The Neighborhood Affordable Housing Advisory Board (NAHAB) passed a motion supporting this practice and further recommending that an existing $41,758 be awarded to Pinellas Opportunity Council and Girls Inc. who were the next highest scoring agencies. The Housing Division is recommending that the City Commission approve both the policy describing the allocation of program income and an amendment to the Community Development Block Grant budget of 200112002 approved August 3, 2001. Reviewed by: Legal NA Budget .?i?r Purchasing NA Risk Mgmt NA Into Tech NA Public Works NA ocmlACM Other Submitted by: 41" r•ta.. ea,,....., ,. Originating Dept: Planning Department (N. Bandoni) User Dept. ( + f! f Housing Divislon V Y " Attachments O None Costs $41.758 Funding Source: capbal Impmrement Operabng w- owe, Total Appropriation Codes: 81-99694--58200-554-000 worksession Item fr: _ Clearwater City Corrimissiorl Agenda Cover Memorandum Final Agenda Item 9 Meeting Dale: Dec. 13, 2001 SUBJECT/RECOMMENDATION: Approve the financing terms and the City of Clearwater's portion of the funding for the renovation of the Greenwood Apartments in the amount of $700,000 as a loan. [I and that the appropriate officials be authorized to execute same. SUMMARY: The Greenwood Apartments were constructed in the early 1950's for low income African Americans desiring a rental opportunity rather than rooming houses or homeownership. The property consists of 200 units housed in 25 buildings and is located at Greenwood and Palmetto in the North Greenwood neighborhood. All are townhome-style two bedrooms, one-bath units. The last known renovations or updating of the property occurred in 1959. As the years have progressed, the North Greenwood Apartments have been poorly managed, have deteriorated and become a haven for criminal activity. Several years ago, Bank of America formed a Community Development Corporation to develop or refurbish properties for low-income households. In 1998, Bank of America opened a Tampa branch and has been active around the state, purchasing properties, renovating and managing them effectively. In 2000, Bank of America was successful in contacting the owner of the Greenwood Apartments, and securing an agreement to purchase the property. The Bank's CDC plans to renovate the property, install modern conveniences and significantly improve the management of the property. These improvements will be accomplished by implementing basic standards of conduct, working with the police department to remove residents who are actively involved in criminal activity and setting up programs for the families and children living in the property. The Bank will partner with Clearwater Neighborhood Housing Services (CNHS) who will staff the "Make A Difference" Center that provides a variety of programs for the residents. Due to the cost of the renovations and the financing vehicles, the Bank has asked for financial support from the City of Clearwater, Pinellas County and Neighborhood Reinvestment Corporation. The Housing Division is proposing to provide a total of $700,000 of its SHIP funds coming from the 2001, 2002 and 2003 allocations. In years one and two, the City will provide $333,000 each year. Reviewed by: Originating Dept.: Costs Planning Department (N. Bandoni) Legal NIA Info 5rvc N/A OW Total 5700,000 Budget rj public Works User Dept,:Hou s i n g Division Funding Source: Purchasing NIA DCM/ACM ' r l ? Current FY CI $333,000 Risk Mgmt N/A Other NIA Attachments OP ? 1P 83 ? Submitted by: r City Manager ? (I None --07200-530300- _ 1-072 ?8ne39300-554r-000 Printed an racvclad caner ,,'The' final $34,000 will,•be provided in 2003.. The funds will be provided In the form of a loan with; terme as follows: ' Total Funding A'rrtourrt:' $700,000 (Provided over 3 years} Fees: No application, origination fee or points Loan Term: Maximum of 18 years Repayment:. The loan will be deferred for a period of 10 years or twenty-four months of positive cash flow. after developers fee whichever comes first: Position:' The City of Clearwater ,will be in second position, shared with Pinellas County. Interest Rate: Years 1-10 shall be at 0%; '11-18 shall be at 3%. The project -costs are projected at 13 Million Dollars. First mortgage financing will come from Pinellas. County 'Housing Finance Agency bonds in the amount of $6,500,000, the City of Clearwater SHIP, funds $700,000, Pinellas County SHIP funds $300,000, tax credit equity $3,900,000 NRC $200,000, Brownfields Grants $21,000 Bank of America Equity $1,100,000 and deferred developer,fee at $1,100,000. (All-amounts are rounded). 2 ' Clearwater City Corninission Final Agenda Item # Agenda Cove r'Mem,oraridu m Meeang Date: Dec: 13, 200 SUBJECTIRECOMMENDATION: Approve the construction contract proposal of JSS Construction in the amount of $560,000 to renovate 16 apartment units at the Fulton Apartments using HOME and SHIP grants for funding. and that tha appropriate officials be authorized to execute same. SUMMARY: In August 2001, the City of Clearwater requested proposals for the renovation of the. Fulton Apartments 16 apartment units at Fulton Avenue. Five contractors responded, with JSS Property Professionals, Inc. of Madeira Beach providing the lowest bid. Both the Housing Division and Public Works reviewed all bids to ensure al! items were covered as specified. The JSS proposal is for $569,000 of which $420,000 will come from HOME funds and the remainder will be matched with SHIP funds. The use of SHIP funds will allow some of the units to be rented to .residents with'incomes up to"120% of median income. The Housing Division recommends the selection of JSS Contractors to renovate the 16 apartment units.and the allocation of SHIP and HOME funds to renovate the property. Work will commence upon award and execution of the contract and will be completed within 120 days. A copy of the contract and contract documents are available in the City of Clearwater Clerk's office.. The Housing Division will manage the construction contract. Reviewed by: t l I T h Originating Dept:. Pl i D t t ? Costs S559,00D ec n o NA Lega ann epar men ng Total N, Bandonl Budget 9?-- Public Works h ! User Dept.: r,? l f Funding Source: HOME And SHIP rants Purchasing NA DCtWACM Housing Division Captial lap overnant Risk Mpmt NA Other Attachments aQa,p=fr:n Other Appropriation Code: submitted by: ` ) 4 683-07200-530300-554-000 M V APftUiA.4P City Manager Notre 191-07218-530300-554--00 Printed on reevcled nuner Rnv. V98 F ,Contract Amount ? ' Original Contract-Amount: S 528,873 ` Less:' Carpet $ 19,909 Less: ,Gate 5 5,235 Total: -25.144 ' Subtotal: $$503;729 " . Add:'Pavement S 5,888 ' Add: Shingles (Roof) .I I $5,888 r Add: Sign. $'' Soo Total: +12,276 ' Subtotal: $516,005, Add: 10 % Contingency' '51,600. ' ' ' . Add: (Rounded Amount) 1.395 Total Contract Amount $5__0,000 • It , .r " FRCVS 1HONF NO. NOV. 05 2001 02:09PM P3 PROS : nS PRWeFrr' FRM FW NO. 727 399 935 Nov. e5 ZMv 12='S9PH. IU JSS TROPERTY PROFESSIONALS, INC. F . t5o06 Madelrn.Way . Pllaaa: ('FZ7) 392-47b6 Met'.e+rnl'kacb:Fi•33708 Fax: (721) 399-9550 November 5, 2WI Fowler AssocUM Ardiiwce inc. 1421 Coo Sheet Claxm?at=, FL 33756 ' Rita: Stine Fowler . f Dear Mr Fowler, ltl regards to the Fuhm Avenue Apa&ft=l proje t I hav4 w= up with tine following possible reduc ions in, pridu& ' ^• ?` C . t^ Cho, wiring otss - t .23 `?2LMkiWA DOW SWOM M d sMv lr der as lawi;r lslid . s r ? .W -'tom tr ,, - - t {' . t?3Z ? vg? AftorspasiduS with Mechanical SuboannacW w" told d'a dtc cqu ipm?alt ancf tlra was no saving,. I stfll mod plam (B scu) or act I c7m makn copies f=. If I can be of f nd)w ns?inM= please call lee at bA29 (i (72y) 3 -4'766 (affcc) car (9Z7j 365, Sirs }y. ct w ' plafcsslo?nsls, ,ltac, 4 - 1 ¦ , L i i { ? t f n x J ${ 8Q w rS 8 ? 8 y8? id 5SQ? r5 8 u S o ? _ w 9 Fc M H N N N N M H O C? 14 c.7 p P g P C r M ... N N ? S p O pp? p O8 p 8Q Q Q [? Q6Q S y 1, ( N M N N N N N N O r p p tV i ? z r r ? H ' N H m O pqQ O o S 4 G -pp O Q X N M N N N N N N M N N Q pp CJ pp OO ? ? Q Q p p1 r M N N M N N N N fl7 Mp N M p p N N M N N N N N p S 6 OO p O 8 Z ? N N N k ? m r ? ? O 4 El ? Y1 N 'V• i Gj a $ moi P9 3 e NO. : NOV. 05 2001-02:e9 F" P3 FROP1 35S PRA FCJS FW MD. 727 399 9550 NOV. ?S 2$6! 12 SBf'1 ' N1 Jss PROPERTY FRaFESSIONALS, INC. ' ISW Madeka Way Phone: ('Wi') 392.4766 Madaim Beach, FL 33708 Fax: '(727) 399.9550 November 5, 2001 Fowler Assodaes Atuhitects, Xuc. 1421 Court Strun Clcwvmt=, FL33756 rata: Stara Fawicr Dear Mr Fowler, Ira r prds to the Futton Avenue Apartment Project I hava came up with the followw pasmble reductions in pricing. 1) Clatc, wising, nernntes - TS,?3S.? __?•------- --- --? - ? . d's IN L?2)-EUMiiWi uew suacco and stucco bids at lowir portion flf Ituil i x.54.( rt :' f 31 After spzaD B 9irith M nical Subsea ractr r I was told that tt egaipmpit i'm it and tam was no savings. I stiff need Dim (8 sets) oT a Ut I Can Mike copies fin. if I Cam ba of fWaX r assiau = please Call ma'at (727) 392'4766 (O 6429 (ail},, MCC) or (W) 365- SIP ly, -of Inc. Clearwater City Commission Final Agenda Item # Agenda Cover Memorandum Meeting Date: 2 SUBJECTIRECOMMENDATION: Approve previously encumbered funding of the National Development Corporation (NDC)'s technical assistance contract for the period of November 1,1998-July 30, 1999 be taken from the City of Clearwater's "Grow Clearwater" fund. ? and that the a propriate officials be authorized to execute same. _ SUMMARY: On November 1, 1997,.the City of Clearwater entered into a one-year technical assistanco contract with The National Development Corporation (NDC). NDC was to provide. technical assistance relative to the City's Housing and Economic Development initiatives. The technical assistance contract expired on October 31, 1998. In addition to technical assistance, NDC offered the City to . participate in a loan guarantee fund, which required the City to put up $100,000. as seed money. The funds were called "Grow Clearwater Fund" and were matched by $100,000 from NDC's Grow America Fund. Clearwater agreed to participate in the Grow Clearwater program until September 30, 2000. On October 31, 1998, NDC's technical assistance contract expired,. although staff continued to receive services from NDC., The contract did allow for the extension of services, however no additional funding was appropriated at that time.. In May 26, 1999, NDC disbursed $30,000 from the Grow Clearwater Fund to cover services rendered from November 1, 1998 through July 31, 1999. During a routine audit of the Grow Clearwater fund, it was determined that City Commission approval is required for the disbursement. Staff requests approval for the technical assistance contract for disbursements from the Grow Clearwater Funds for the purpose-of paying NDC for services rendered from November 1, 1998 through July 31, 1999 in the amount of $30,000. Reviewed by: Originating slept: Legal NA Info Tech NA Planning Budget ?Public Works NA User Dept. Purchasin NA aCM/ACM Mousing Rlvlslen If(?7f 9 Risk Mgmt NA Other NA ?j Attachments Costs $301000 Total Funding Source: COP1131 lrrprorement Oper$bng Other ?- Appropriation Code: 684-0720().530300-000-000 Submltted by: -. © Norte V?1??^ .City Manager printnA nn mrvrtnd nnnnr I 2198 Rr ' Clearwater City Commission Final Agenda item # Agenda Cover Memorandum /.2 _ a / Meeting Date:. SUBJECTIRECOMMENDA1*10N: Authorize settlement of Whitson v. City of Clearwater, Circuit Civil No. 83-3865-CI-20, by agreeing to certain design and use standards to run for a period of three years. 13 and that the appropriate of trials be authorized to execute same. SUMMARY: This lawsuit was originally brought in '1983 to enforce the terms of an annexation agreement concerning. property located near the intersection of Highland Avenue and Nursery Road. The original annexation agreement and subsequent stipulations, provided for development under the code provisions in place at that time, waived the parkland dedication fee, and waived application of the City's tree ordinance. Plaintiff argues that these stipulations and stipulations and, agreements that followed later waived all impact fees. The proposed settlement would waive application of the` City's tree ordinance,' waive the parkland. dedication (recreation) 'Fee, water and-sewer impact fees, and, to the extent possible, transportation impact fees for a period of three years. It would also allow plaintiff to develop his property under current code provisions fora period of ten years. Authorization is sought to settle this action pursuant to the above terms and to authorize the execution of a settlement agreement. Reviewed by originating Dept: Costs None Legal Info Tech NA P L Legal Total Budget Public Works NA NA User Dept, Funding Source: Purchasing NA DCM/ACM C.rp,lal lmprownwi„ Current Fiscal Year Risk Mgmt NA Wier NA Attarlinie tts Appropriation Code: Submitted by: 13 None Cit Manager Printoel nn rPCVV1 vct nannr U..u 9NYfl IY60 T ,Y F` C1 E 'A R W A T E R POST OiFIC1: Box 4748, Cu!.%r11•,%m, FLORlim 33758-4748 r9T/i:••:.:..n???` Cc;? FLu.L, 11? ?C)L?'}! OSGrQL1 r1YF.?i'Ei. CLCIFIC'.17ER, 1:.±)RI(l:1 33 ?u '•.q7?R+?,l? TF.Li Pi IF]\Ii 17 27).562-40 10 F lx (. _' "} ci3.402 l CITY ATTOILNEY's OFFICE November 8,,200.1' E. D.'ARNISTRONG, III, ESQ. Post Office Box 1368 Clearwater, Florida 3377-1363 . ' = Re: Whitson v. City of Clearwater, Case, No. 83-3865-CI-20 Dear,Ed: r I enclose, a copyof the draft stipulai on that contains our revisions. One . revision, which was not included, is a- definition of development for purposes of ,Paragraph'Seven. ' I believe it may be wise'to include such a definition at least for ' application' to that paragraph. 'Our other revisions. and additions are pretty self-explanatory. Most were. done with an eye to avoiding' anything that might tempt anyone to'in.itiate future litigation. I believe Ralph Stone has already given, you his comments with regard to the matrix. ` I tool: forward to hearing from-you. In erely, . Paul Richard.Hull Assistant City Attorney PRF1:d ccAalph Stone (ielw f, r11 ("sT, NWOR-COMMISSIO:r:K , rt) KW, VICII 1315'E)K•?g1111lStilOhliii 1? HITtiF}' Qw, com% 1sslo'o.R I{orr HAMILTON, C(AININVIN, IT 141:.11.Hmi-Ioy%lws1',k"snA1,1:IIs.ktsI'IVI:AcTIONEM11I,O)ER" AN L,1 Procf*..ig IN THE CIRCUIT COURT FOR THE .SIXTH JUDICIAL CIRCUIT IN AND FOR PZNELLAS COUNTY, FLORIDA CIVIL DIVISION EDMUND S -WHITSON, JR. , Plaintiff, Case No. 83-3865-20' VS. CITY OF'CLEARWATER, a municipal corporation organized under the laws of the State of Florida Defendant. ?6J I :s SETTLEMENT STIPULATION The-Plaintiff,- EDMUND S ,VTHITSON, JR., and the Defendant, CITY OF.•CLEARWATER, a municipal.corporation,, hereby stipulate and agree as follows: 1. t It is stipulated and agreed that this action be settled upon the, terms and conditions as specified herein (the "Stipulation"),, - ` r W@ re ._ -dam A Copy' of the proposed Final judgment is Page - I. - t attached to .the Stipulation and made a part hereof as Exhibit' "A.,• 2. _ _? his Stipulation. involve and affect a" certain parcel of property' . S located in Pinellas County., Florida, the City of Clearwater [the "Propert.y" ] . .'This Property is the , . ' same' property ' which was the -subject of the 'Annexation Agreement recorded at O.R. Book 5499,m. Pages 283=389, Public Records of, Pinellas County, Florida; dated January 6, 1983, *between Plaintiff :. and Defendant, LESS AND EXCEPT only that part thereof which was sold on 'December 29, 1986,' ' by Plaintiff, fir; by Deed recorded at O.R. Book 6393, Page 1032,' Public Records of Pinellas County, 'Florida. (The Property so sold was the subject of the Stipulation"of July 31, 1991.and the Order thereon dated August S, 1991 ,') 3. The development of'the Pzoper.ty shall be consistent with the development, standards set forth in the Use and Design' Standards Matrix attached hereto as Exhibit "C" (the "'Matrix"), as supplemented by the Page -2-, Clearwater CoRmiunlty Development, Code (the "Code"), and the 'other provisions of this Stipulation. ?•? MI e el- ?.... . All permitting and Development shall be entitled to proceed in accordance with this Stipulation. It is-. not the intention of this Stipulation and the Matrix to limit•or'restrict any ' of, the development parameters as shown in the several design standard 'columns beyond the requirements of the current ordinances and Development Code. -'n e ,. It, is agreed that development for any and all of the allowable uses shall -be permitted, including combined and, mixed uses ' In the-event that any amendment to the Development, Code or-City ordinances or any other City or County page -3- to tablish property rights and obligations. w h run with he'-land and which are bind' g and enforceable ag t and in favor of t Plaintiff; and which shall. -inu o the bene of Plaintiff, his heirs, assigns and uc ssors in title or interest., and be binding n Defendant. Except as specifically pr ed herein, 's Stipulation j shall not alte mend or revoke any rig. accorded to 'Plain or the property by the Ann Lion e Defendant agrees to cooperate with Plaintiff's efforts to secure any other governmental or' regulatory approvals and permits for the development of the Property in accordance with this Stipulation. Defendant agrees to do such acts and execute such documents as may be reasonably necessary to carry. ' .3out the intent and - purposes of this Stipulation and to. support Plaintiff's claims to entitlement to exemption from,impact fees as set forth herein.. Page -7- i Defendant •agrees to promptly deliv to Plaintif and interested third party ncluding, but not li ed to, pro ve purchasers, mortgagees and to nt uch binding "comfort letters" and est• el etters or certificates designed f their reli a and permanent protect' evidencing the e ect of this Sti ation, as reasonably may be uested by laintiff.or such third parties. 12. a parties agree to be bound by the terms of this Stripu Lion upon each,party having sign ame and consent to try of .a Final Judgme in this cause approving same d ordering a parties to comply s therewith. Either r shall have the right to obtain an Order fr the urt ordering the parties'' to comply with is Stipulatio nd to perform under any mutua y agreed written modi tion of this Stipu ion, at any time, and the Fin Judgment sh contain a provision for retaining 7uris ction or such purposes. 13. 41 Page -8- i i i The parties agree that the Stipulation and Final Judgment in this cause -skvmv?!A be recorded at the expense' of the Plaintiff. i 14. 01 y s t n IN WITNESS WHEREOF, the parties have executed this settlement agreement on the dates shown below. CITY OF CLEARWATER,, a municipal corporation organized under the laws of the State of Florida By: Mayor Commissioner By. City Manager Dated: Page'-9- r • r r? r • r • I r ] r e r r . 1 r r • I •r .• I `• l • , r Ordinance or any 'la.w should become ,.effective subsequent, to. the date of' this Stipulation, then- plaintiff, at. his sole option, may elect t.o 'apply any provisions 'thereof inr lieu ` of any provisions of.. this Stipulat.ion'or the Matrix, r r r i ' I 4'.r The 'Defendant agrees that the Property shall j continue; to be exempt fromr all tree removal ? ordinances 'set forth-in the Code ' r r1 i 5. Ali other provisions of the Code, except as. ' . r I specifically set forth herein, shall apply to the development of the Property. 6. In this action, plaintiff has. contended that the property was and Is exempt from the payment of impact fees by virtue of the original Annexation Agreement and subsequent acts, The Defendant has contended that there is no such exemption.n order to compromise and,amicably'settle-this issue and all. other disputes and claims, the parties have, and do hereby, stipulate that the property shall be exempt from any and all City. imposed parkland dedication. I requirements, recreation impact fees, and water and sewer impact-fees, subject to the limitations herein page -4- provided. in,addition,.the Defendant agrees to. the, extent allowable, to waive the transportation impact- £ee -for the development•of the property, except to the extent of the amount, by which 'the otherwise applicable fees may-exceed a ceiling calculated by . mult'ipl.yi.ng 67,800 square feet times the rate now ; provided for the assessment or calculation of fees for medical offices. It is. provided, however, that this. exemption "from impact fees. shall apply only 'if the Plaintiff shall within three years after the date this 'Stipulation is approved, submit a•site•plan for the development of the property and thereafter develop r the property pursuant to such site.plan or approved amendments thereto; otherwise, this exemption shall lapse,and become null and void. 7. The development rights set.forth in this Stipulation (other than impact fee rel'ief), shall be valid for a period of ten. (10) years from the date- this Stipulation is approved by the City,Commission. If development o the Property shall be commenced within said 10 year period, this shall be deemed to Page -5- vest 'all rights accorded by this Stipulation and such, rights shall .not thereafter be abridged or' denied.' 8. The Plaintiff releases the Defendant from any 'and all claims, actions,. causes -of action and damages for breach,which he would otherwise have against the Defendant. 9. The Defendant releases and waives any claims, actions, causes of,action and damages-Defendant may ' have against Plaihtiff.in this action. L t \s Stipulation' by either party. may be difficult impos a to ascertain. The parties ackn edge that neith arty will-have an adequa remedy at law in the event a breach of t agreement and, therefore, stipulate t t Stipulation shall be enforceable by injunc re 'ef, as well as-by any other equitable legal remedy, luding damages. In the. ent of litigation relat to this, Sti ation, the prevailing par.ty'shall 'be e 'tled NNW Page -6- s Lap* Work Session Item pw q =L Clearwater City Commission Agenda Cover Memorandum Final Agenda Itern # Meeting Date: 12113101 SUBJECT/RECOMMENDATION: Approve a work order for consultant services in the amount of $816,659 to Camp Dresser & McKee (CDM), of Tampa, Florida; Engineer of Record (EOR) for design, preparation of construction plans, permitting and limited construction management of the Myrtle Ave. Drainage and Roadway Improvement Project, [ and that the appropriate officials be authorized to execute same. SUMMARY: • This project will reduce business and roadway flooding along the Myrtle Avenue corridor by replacing failing and undersized stormwater infrastructure and by serving as the outfall for the new Town Pond Project. The project includes improvements to bring Myrtle Avenue up to current FOOT standards in order to exchange for Fort Harrison Avenue. The viability of the Myrtle Avenue corridor will be improved by becoming'an attractive site for business re-development. • The conceptual design of the,proposed storm sewer infrastructure was completed in August 2001 by CDM and will be j incorporated into the roadway construction plans. • This proposal presents a work order with CDM for the engineering design, preparation of construction plans, permitting and limited construction management for approximately 2.4 miles of roadway and associated stormwater infrastructure between Lakeview and Ft. Harrison (see attached map), i • These costs were included in the FY2001 stormwater Utility rate study update. The rate study update recommended ; interim financing in anticipation of the issuance of Stormwater Utility Revenue Bonds in FY2002. • Resolution 01-21 was passed on November 15, 2001; establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2002 revenue bonds as a funding source were included in the project list associated with Resolution 01-21. • Project 96142 Myrtle Avenue Drainage Improvements will be established in the 02 Stormwater Construction Fund 377 and a first quarter amendment will establish the $255,000 Stormwate;r budget for this work order. • Sufficient budget and funding are available for the $561,659 roadway improvement portion of this work order in Capital Improvement Program project 315-92265 Myrtle Avenue/Alternate 19. • The contract is available in the City Clerk Department for review. Reviewed by: Originating Dept: 1ti, Costs; Legal ?. Info Srvc NIA PW Admin (13.13arker) Total $816,659 utidget Public Works User Dept, -M if funding Source: Purchasing f DCWACNI Public Works Administration Current FY 02 CIP X Risk Mgmt N1A Finance Attachments OP Location Map Other Submitted by: Appropriation Code: City Manager C.i None 315-92265-561200-511-000 $ 561,659 377-96142-561200-539-000 255,000 Prrnf-I r.n -.AA nhn nr rnA.A AA u rl r.. LEGEND LOCATION MAP N.T.S. ` Clearwater SOURCE:. City of Clearwater y ' 1 SWFWMD ........................_.----- a-.-. _..._. _ - - Myrtle Avenue Roadway Improvement Project 6 l' CITY OF CLEARWATER ENGINEERING DEPARTMENT CDM WORK ORDER INITIATION FORM ' DATE: November 5, 2001 City Project'No. MA- 19 1 ?0 i CDM. Client No. 6349- E ' 1: PROJECT TITLE: Myrtle Avenue Roadway and Drainage Improvements 2. SCOPE OF WORK: GENERAL r The.City has requested Camp Dresser &• McKee'(CDM) to develop a Scope of Services for roadway and drainage improvements to Myrtle Avenue. CDM and its sub-consultants, Florida Design Consultants (FDC) and Driggers Engineering Services, Inc. (DESI) will function as the City's ENGINEER and offer this scope of ; services for the design of physical improvements to the street's pavement and infrastructure that would be necessary. CDM will provide overall design team coordination and prepare stormwater•and utility construction plans and is responsible for all permitting of the project. FDC will assist CDM by providing land surveying and civil engineering services for roadway and minor drainage improvements for Myrtle Avenue between Lakeview Road and Fort Harrison Avenue. This will include preparing the topographic survey needed for design, the roadway paving and grading plans, the signing and pavement marking plans, the maintenance of traffic plans and the minor drainage design to locate inlets along the roadway ,und to size the connections to the storm sewer trunk line being designed by CDM. DESI will conduct a field geoteclunical investigation program to prepare a technical report providing geotechnical information to support the design of the project. It is our understanding that major utility upgrades may be necessary ' along Myrtle Avenue between Lakeview Road and Fort Harrison Avenue when impacted by proposed drainage system improvements. In anticipation'of the invasive nature of the utility improvements, it is contemplated that the affected portion of the roadway will ultimately require reconstruction. Accordingly, a geotechnical investigation is planned to develop surface soil and groundwater information relative to utility construction and the pavement reconstruction. George F. Young (GFY) will be responsible for locating underground utilities in the project area,and providing these. locations in a'. surveying format for project CDM Camp Diesscr & McKcc Inc. 5:tiCOVATEAIIh %Offi.dac I i r 1 design. Utilities such as telephone, cable, water, gas, sanitary, and reclaimed' water will be located. PROJECT LIMITS: The project limits are defined as the entire apparent right-of-way of Myrtle Avenue from fifty (50), feet north of the north right-of-way line of Lakeview Road to the.south right-of-way line of Fort Harrison Avenue (U.S. Highway 19A). The intersections of Myrtle Avenue with Lakeview Road and Fort Harrison Avenue are not included in the project limits, except that ENGINEER will coordinate with the Florida Department of Transportation (FDOT) to accommodate the resurfacing being proposed by the FDOT on Fort Harrison Avenue. At all other intersecting streets on Myrtle Avenue between Lakeview Road and Fort Harrison Avenue, the project limits extend east and west of the apparent right-of-way lines of Myrtle Avenue to the points of tangency of the pavement radius returns or' 100' whichever is greater. The total length of the project is approximately 2.38 miles (12,600 feet). The project limits also includes new stormsewer improvements and road resurfacing in Pierce Street from Prospect Ave. to Myrtle Ave. from Town Pond and Jones Street from Myrtle Ave. to the harbor. , TASK 1 TOPOGRAPHIC SURVEY ENGINEER will prepare a 'certified topographic survey in accordance with the Florida State Statutes Governing Surveying and Mapping. The limits of the topographic survey will include: r a< The apparent right-of-way of Myrtle Avenue from the centerline of Lakeview Road to the centerline of Fort Harrison Avenue (U.S. Highway 19A). At all other intersecting streets on Myrtle Avenue between Lakeview Road and Fort Harrison Avenue, the topograpluc survey will extend 100 feet east and west of the apparent right-of-way lines of Myrtle Avenue or to the.points of tangency of the pavement radius returns, whichever is greater. .a The apparent right-of-way of Pierce Street for approximately 500 feet between the centerline of Myrtle Avenue and the centerline of Prospect Avenue for use by CDM for the design of improvements to the existing stormwater system. n The apparent right-of-way of Jones Street for approximately 2000 feet between the centerline of Myrtle Avenue and Clearwater Harbor for use by CDM for the design of a stormwater discharge pipe. The topographic survey-will include cross-sections at 50-foot intervals and include elevations at the centerline of pavement, the edge of pavement, the back of curb, and the back of sidewalk. Visible improvements and utilities at the surface, invert elevations, pipe sizes and if obtainable pipe material, and trees with a diameter at breast. height (DBH) of 4 inches or greater will also be measured and recorded. Additionally, the the front building corners and the finished floor elevation of all CDM Camp Dresser & McKee hir, 2 SACLWATE 010BI.doc i i ? i • homes and businesses adjacent to Myrtle Avenue will be obtained for comparison with project flood elevations. Benchmarks will also be located within the project area. The vertical data provided will be related to National Geodetic Vertical Datum 1929 adjustment. The Horizontal Data provided will be related to North American Datum 1983/1990 adjustment, state plane coordinates, Florida zone west (902) to facilitate easy insertion into any Geographic Information System (GIS) in use. The topographic survey data will be used for roadway and drainage design purposes only. The topographic survey will be prepared at a scale of 1 inch = 20 feet and be plotted on 24 inch x 36 inch sheets of stable based mylar material. A copy of the topographic survey will also be provided to 'the City in an electronic format on a CD-ROM in AutoCAD version 2000 or'Iater and all associated files. Digging, probing or. excavation by hand or machine or other subsurface exploration of any kind to locate any underground improvements, if required, shall be accomplished under another task within this scope of services. ENGINEER through field surveying-shall be responsible only to locate utilities or other improvements visible at the surface. No cross-sections, depths or volume calculations for existing retention/detention ponds, lakes etc. are included 'in this scope of services. Preparation of a certified right-of-way survey is not required and is not included in this scope of services. However, where it is incidental to the topographic survey effort, ENGINEER will locate existi:g monumentation found along the Myrtle Avenue corridor. Location of existing monumentation is not intended to be labor-intensive and points located in the field will only be shown on the topographic survey in order to identify the existing occupation right-of-way line for informational purposes only. A task allowance of an additional 10% of the fee for Task 1 Topographic Surveying is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $93,964 , TASK 2 - ROADWAY SOIL SURVEY In order to investigate existing pavement and subgrade conditions, a program of 6-foot deep classification borings is planned at nominal 200-foot intervals along the alignment of Myrtle Avenue. In general, the borings will be staggered back and forth along the roadway section in order to depict subsurface soil and groundwater conditions, as well as the existing pavement structure. All borings penetrating the existing pavement will be carefully patched with full depth asphalt. . CDM Camp acsscr & McKee Inc. SACMA1 ER11b0108I.do: 3 r A limited laboratory classification-testing program will be conducted also to aid in characterizing the engineering properties of the subsurface soils. Laboratory testing will include Limerock Hearing Ratio determinations (LBR), grain size analyses, Atterberg Limits determinations and organic content tests where applicable. A task allowance of an additional 10% of the fee for Task 2 Roadway Soil Survey, is included in the total fee' for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's,Project Manager to do se. FEE $8,118 TASK 3 - UTILITY SOIL INVESTIGATION A program of 15-foot deep Standard Penetration Test borings at nominal 500-foot, intervals along the roadway. alignment is proposed to examine deeper soils that will impact utility construction. Due to equipment access limitations, these borings will be performed within the existing roadway, which will necessitate a ' temporary lane closure during the course of each test boring. Accordingly, test borings have been budgeted to be performed at night to mui lh ze traffic impacts. Laboratory classification tests will also be conducted on representative samples secured during the utility portion of this investigation. Laboratory tests would principally include grain size analyses, Atterberg Limits and organic content tests on represented soil samples. Laboratory Corrosivity series including pH, Cl, SOa and resistivity will also be conducted on typical samples of the subgrade soils to access the FDOT environmental soil classification. A task allowance of an additional 10% of the fee for Task 3 Utility Soil Investigation is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $10,329 TASK 4 - GEOTECHNICAL REPORT The results of field and laboratory studies will be included in a geotechnical report encompassing a presentation and discussion of the following. u Logs of the exploratory borings w Results of laboratory tests ¦ Discussion of subsurface soil and groundwater conditions ¦ Recommendations for subgrade preparation for utility and pavement construction ¦ Recommendations for control and management of groundwater CDM Camp Lncuer McKee Inc. 4 SACLWATEI bOI[ i.aoc I r r 1 o Pavement design considerations is Suitability of excavated soils for use as utility backfili Discussion of excavation slope stability, W Geotechnical construction impacts A task allowance of an additional 10% of the fee for Task 4 Geotechnical Report is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $5,753 TASK 5 - LOCATION OF EXISTING UTILITIES FROM RECORDS AND FIELD MEASUREMENTS ENGINEER will submit copies of the topographic survey, at the 30% Design SubrnittaI, to applicable private utility companies and each City of Clearwater Utility Department for verification of their underground facilities. , ENGINEER shall add the size, location, depth, and type of material'of the private and'public underground facilities to the topographical survey and plan and profile drawings based solely on information provided by the private utility companies or the City of Clearwater. ENGINEER will add additional information regarding underground utilities from field measurements as obtained by others by digging, probing or excavation by hand or machine or other subsurface exploration. A maximum of fifteen (15) specific locations are included in this scope of services. A task allowance of an additional 10% of the fee for Task 5 Location of Existing Utilities from Records and Field Measurements is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $8,851 TASK 5A - UNDERGROUND UTILITY LOCATIONS ENGINEER has investigated utility records and discovered the presence of rnany'buried public anti private utilities in Myrtle Avenue. The route planned for the installation of the new storm server is planned in the southbound lanes in order to minimize impacts to existing utilities in the northbound lanes. This scope has attempted to minimize the collection of underground utility data on existing infrastructure that is not intended to be impacted by the project, especially in regards to private utilities. This task provides added value to the City in defining construction conflicts in advance by identifying the locations of probable vertical and horizontal,confiicts between the newly proposed stormsewer and existing utilities. CDM Camp tarcuer a McKee Inc, 5 &\UW A7 LTWbO 108 t,doc This subsurface information will save potential additional construction costs to resolve such conflicts by eliminating unknown or unforeseen construction ' difficulties during project, design. If issues occur regarding the non constructibility of the stormsewer design or the relocation design of identified existing utilities, ENGINEER will resolve those design issues at no cost to the City. Associated additional construction cast change orders will be the responsibility of -the City, ENGINEER'S approach to this project is based on utility information obtained from field conditions, field observations, utility record drawings and atlas maps from the Utility Owners within the project limits. A detailed conflict breakdown table in attached. Utility Owner Approximate Linear Foota a Anticipated Conflict Locations Clearwater Gas 10,100' 25 Clearwater Water 18,250' 38 Clearwater Sanitary Force Main 1,100' .3 Clearwater Data Communications 2500' 2 Florida Power 5,250' 10 KMC Telecom FOC 200' 2 Verizon Tele hone 18,350' 28 Verizon Media Ventures 3,800' 8' Time Warner Comm. 3,650' 6 The anticipated conflict locations are based on the proposed storm drain design location in the inside southbound. lanes of Myrtle Avenue. The conflicts identified will be crossing the path of the proposed storm drain in most areas at a ninety- degree angle. The following designation and vacuum location of anticipated .utility conflicts will be performed. a Electronic designation of existing utilities at anticipated conflict locations to establish their horizontal location. One hundred feet of electronic designation at each Vvh (Verified vertical and horizontal) location. •a Located the existing designated utilities (Clearwater Gas, Clearwater Water, Clearwater Sanitary Force Main, Clearwater Data Communications, Florida Power, KMC Telecom, and Verizon Telephone) at anticipated conflict locations to establish their horizontal and vertical locations. Subsurface Utility Designation Limits: The subsurface utility designation shall be on the existing toneable utilities throughout the length of the project. a Obtain permits from city, county, state, municipalities or other jurisdiction to allow. the ENC;INER to work in existing streets, roads and other locations COM Conti Dresser & Mrl ee Inc. BNCLWAT010010A1 doc necessary for the purpose of marking, measuring and recording the location of existing toneable utilities. ¦ Provide traffic control within the designated work area while designating the subsurface utilities. Traffic control is to be maintained in accordance with r applicable standards. Provide safety devices, signs and/or other safety equipment, including flagging personnel. w Designate and mark the horizontal,loccation of the toneable existing utilities at anticipated conflict locations. One hundred feet of electronic designation at each Vvh (Verified vertical and horizontal) location. Subsurface Utility Location VVH -"verified vertical and horizontal Limits: Verify the existing utilities that were designated at conflict locations to give depth, direction, size, and type of material for the existing utilities within the project limits. (Clearwater Gas, Clearwater Water, Clearwater Sanitary Force Main, Clearwater Data Cormnunications, Florida Power, KMC Telecom, and Verizon Telephone). ¦ Obtain permits, from city, county, state, municipalities or other jurisdiction to allow work in existing streets, roads and other locations necessary for the purpose of excavating, measuring and recording the. location and depth of existing utilities. ¦ -Provide traffic control within the designated work area while locating the subsurface utilities. Traffic control is to be maintained in accordance with applicable standards. Provide safety devices, signs and/or other safety equipment, including flagging personnel. a Neatly cut and remove existing pavement or other surface material (not to exceed 225 square inches per cut). Excavate the material through the cut dawn to the utility in a way that prevents any damage to wrappings, coatings or other protective coverings of the utilities (i.e. vacuum/pressure excavations, hand digging, etc.), x Backfilt and compact with select material around the utility. Provide a restoration of the surface pavement, within the limits of the cut, at the time of the backfill. a Under direct supervision of a Professional Survey and Mapper (PSM), utilities will be located horizontally and vertically, based on datum developed during the project. CDM - Camp omssur NICKCc Inc. S ACLWA7 CHWO 1013 1. dOC 7 A task allowance of an additional 10% of the fee for Task 5A Underground Utility Locations is'included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $94,531 TASK 6A - 30% ROADWAY DESIGN Using the topographical survey of Myrtle Avenue as a base, ENGINEER shall prepare 30% roadway design plans of a four-lane, undivided, urban roadway. The 30% roadway design plan will show the following; N A plan view of the proposed limits of the Myrtle Avenue roadway reconstruction, including existing utility locations. n Typical cross-sections showing proposed pavement, lane ..widths, concrete curbs, pavement crown slope, and sidewalks. During preparation'of the 30% roadway design ENGINEER shall meet with the City of Clearwater to revive optional pavement-cross-sections, including eleven (11) foot wide lanes, if possible, or other lane widths together with appropriate curbs. ¦ Proposed intersection improvements Up to five (5) copies of the 30% roadway design plans will be submitted to the City of Clearwater for review and''comment prior to beginning the 60% roadway design plans. . TASK 6B - 60% ROADWAY DESIGN Using comments from the City of Clearwater regarding the 30% roadway design plans, ENGINEER will prepare 60% roadway design plans. The 60% roadway design plans will be sent to applicable private utility companies and each City of Clearwater Utility Department and show the following additional information: w Preliminary profile grade lines along the centerline of the roadway w Preliminary plan and profile sheets with existing and proposed utility information ¦ Proposed drainage inlet location ¦ A drainage sub-basin map. Up to five (5) copies of the 60% roadway design plans will be submitted to the City of Clearwater for review and comment prior to beginning the 90% roadway design plans. COM Camp Dreucr Fa McKee Inc. 8 $)CLWAlHARM 001,tlm f r A task allowance of an additional 10% of the fee for Tasks 6A and 6B Roadway Design is included in the total fee for this task. •This allowance may only be used for additional services and invoiced to. the City upon written authorization by the City's, Project Manager to do so. ' FEE $23,780 TASK 7A -- 90% ROADWAY DESIGN Using comments from the City of Clearwater regarding the 60% roadway design plans; ENGINEER will prepare one set of 90%a roadway design plans for the reconstruction of Myrtle Avenue. Myrtle Avenue will be designed as a four-lane, undivided, turban roadway with new curbs and sidewalk where needed. The final design plans will be drawn at a scale of 1 inch -• 20 feet and be prepared on 24 > inch by 36 inch plan sheets. The final plans will include the following sheets: n A City of Clearwater standard cover sheet s A key sheet with location maps a. A drainage map n A typical section sheet(s) a ' Plan and profile sheets ¦ ' Cross-section sheets with cross-sections at 100-foot intervals. along the centerline of Myrtle Avenue within the project limits . a Paving, grading and drainage detail sheets. ¦ Traffic signal conduit sheet(s) as Intersection detail sheets at Chestnut Street, Court Street, Cleveland Street, Drew.Street and Fort Harrison Avenue (Task 5). o Railroad Crossing Design and Detail Sheet (Task 7) ¦ Signing and pavement marking plan sheets (Task 8) as Maintenance of Traffic'(MOT) plan sheets (Task 9) The plan and profile sheets will show the size, type, location and elevation of proposed inlets within Myrtle Avenue. The plan and profile sheets will also show the size, slope, invert elevation, and the material of pipes to connect the proposed inlets in Myrtle Avenue to a trunk line storm sewer being designed by CDM as part of this project. The final roadway design plans do not include the following: as Summary of pay items sheets r Summary of drainage structures sheets ¦ Back-of-sidewalk profiles o Cross-sections through drainage structures CLAM • CA11111 thcsarr & WXte Inc. 0.1C>_WAIE11001081,doc ' x Profiles of the storm sewer system from the proposed inlets within Myrtle. Avenue and the trunk line storm sewer being designed by CDM as part of this project. ENGINEER shall prepare the final roadway design plans and specifications in accordance with appropriate sections of the following- v City of Clearwater Contract Specifications and Standards (current version) w A Policy on Geometric Design of Highways and Streets, Arnerican Association of State Highway and Transportation Officials (AASHTO) ¦ _Manual on Uniform Traffic Control Devices, Federal Highway Administration (FHWA),1988; Manual of Traffic Control and Safe Practices, FDOT,1978 ¦ Manual of Uniform, Minimum Standards for Design, Construction_ and Maintenance for Streets and Highways, FDOT,1994 a Roadway and Traffic Design Standards for Design, Construction Maintenance and Utilit ' O erations of the State Highway S `stem FDOT, 2000 (Including all drainage inlets and storm sewer.structuses) a Standard Specifications for Road and Bridge Construction, FDOT,1991. The following design criteria shall apply if possible: i Minimum roadway profile grade of 0.5% N Minimum roadway cross slope of 0.02 ft/ft. ¦. Storm sewer minimum velocity of 2.5 ft/sec for the design storm. ¦ Storm sewer maximum velocity of 12 ft/sec for the design storm. Up to five (5) copies of the 90% roadway design plans will be subnnitted'to the City of Clearwater for final review and comment, TASK 7B - 100% FINAL ROADWAY DESIGN PLANS Using comments from the City of Clearwater regarding the 90% roadway design plans; ENGINEER will prepare one set of 100% final roadway design plans for the reconstruction of Myrtle Avenue. The following items will be submitted to the City: n Two (2) signed and sealed copies of the 100% final roadway design plans CDM Camp Lhcsscr & McKre Inc, 10, s.+.c?wniE?u?osas?.dx , ¦ One copy of the 100% final roadway'design plans on vellum. ¦ An electronic copy of the 100% final roadway design plans in AutoCAD 2000 and all associated project files on one or more Compact Discs (CD-ROM). A task allowance of an additional 10% of the fee for Tasks 7A and 7B Final Roadway Design Plans is included in the total fee for this task. This allowance ' may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $110,067 TASK 8 - MERSECTI+ON DESIGN As defined in TASK 7A, ENGINEER will prepare detailed plans at an appropriate scale for roadway and drainage improvements at the following intersections: is Chestnut Street, including a left turn lane southbound on Myrtle to eastbound on Chestnut m Court Street, m Cleveland Street (S.R. 60) w Drew Street (S.R. 590) s FortBarrison Avenue (U.S. Highway 19A) It is anticipated that improvements at other intersections will be minor and can be designed without the need for separate, detailed plan sheets. A task allowance of an additional 10% of the fee for Task 8 Intersection Design is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $8,716 TASK 9 - ROADWAY DESIGN COORDINATION WITH THE FDOT ENGINEER will coordinate with staff of the FDOT District 7 Traffic Operations Department to obtain design plans or other available information at the following intersections: m Cleveland Street (S.R. 60) w Drew Street (S.R. 590) m Fort Harrison Avenue (U.S. Highway 19A) ENGINEER will use ' the available FDOT design plans and any other pertinent information available form the FDOT as required in the intersection design, ' A task allowance of an additional 10% of the fee for Task 9 Roadway Design. Coordination with FDOT is included in the total fee for this task. This allowance CDM. camp D ester & McKee Inc. 1 S,%C L W AT E nub01081. d oe I' may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $3,311 TASK 10 - RAILROAD CROSSING DESIGN ENGINEER shall coordinate with the City of Clearwater and 'the CSX Transportation Company regarding the necessary. improvements to the existing railroad crossing., The roadway construction plans will include the proposed improvements at the railroad crossing, including any details, construction notes, or special material or performance specifications , required by the railroad company. It is assumed that no change in elevation of the railroad track will be required. For this reason the scope of services does not include any work to revise the horizontal alignment, vertical elevation or any. other -aspect of railroad track design outside the limits of the Myrtle Avenue roadway crossing. A task allowance of an additional 10% of the fee for Task 10 Railroad Crossing Design is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so, FEE $7,614 TASK 11- SIGNING AND PAVEMENT MARKING PLANS ENGINEER will prepare roadway signing and pavement marking plans showing Myrtle Averu,e as a four-lane, undivided, urban roadway. The signing and pavement marking plans will be prepared at a scale of 1 inch = 20 feet and be part of the final construction plans prepared under Task 7B. A task allowance of an additional 10% of the fee for Task 13 Signing and Pavement Marking Plans is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $13,931 TASK 12 - MAINTENANCE OF TRAFFIC PLANS For the purpose of construction,issues it is assumed that the roadway cannot be closed to through traffic during reconstruction. ENGINEER will prepare Maintenance of Traffic Plans showing traffic control, temporary signage, and any necessary detours and include as part of the final construction plans prepared sunder Task 7B. ENGINEER to coordinate maintenance of traffic with ongoing City projects of Town Pond and the Memorial Causeway Bridge where applicable. A task allowance of an additional 10% of'the fee for Task 12 Maintenance of Traffic Plans is 'included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $16,764 CDM Camp Dresser & McKee Inc, SACLW ATE11kb010A 1.dw 12 TASK 13- STORMWATER SYSTEM DESIGN CDM has prepared a conceptual improvement plan. report for the Myrtle Avenue Stormwater Improvement Project analyzing different levels of service from flooding including three alternatives for the 5, 10, and 25-year precipitation recurrent intervals. The City has indicated it will choose the.5-year design alternative for drainage improvements to the Myrtle Avenue stormwater system. The design of the stormwater system underneath Myrtle Avenue would therefore be based on the 5-year frequency. Consequently no design or surveying services are included in the Scope of Services along Turner Street since only Alternative 1 for the 25-year Level of Service would require system improvements to the Turner Street outfall. The stormwater system design would include plans for new drainage inlets, from Lakeview to Ft. Harrison, and trunk storm, sewers underneath Myrtle Avenue, as well as improvements to the stormwater system conveying drainage front Town Pond to Myrtle Avenue and from Myrtle Avenue to Clearwater Harbor by way of Jones Street. The improved trunk stormsewer is planned to be shown on plan and profile sheets of the entire project along with'adjustments to other city utilities (TASK 16) in order to resolve any vertical conflicts between existing utilities and the new storm sewers. - The location and elevation of curb inlets will be shown on the plan and profile sheets of the roadway improvements so that positive drainage to inlets can be designed relative to the design of the road profile. Profiles of the storm sewer system from the proposed inlets wirhin Myrtle Avenue will be shown on the utility design plans that will show the trunk line storm sewer of this project. A task allowance of an additional 10% of the fee for Task 13 Stormwater System Design is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization.by the City's Project Manager to do so. FEE $33,955 TASK 14 HYDRAULIC MODELING The SWMM stormwater hydraulic model that defined the,proposed drainage system improvement alternatives will be used to verify that the final design of storm sewers can be permitted, constructed and will provide the same hydraulic performance, as those pipe sizes identified in the Myrtle Avenue conceptual stormwater report. The revised model will be used as technical information to be submitted in the SWFWMD ERP permit below. A task allowance of 'an additional 10% of the fee for Task 14 Hydraulic Modeling is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $19,991 CW Caro Dresser & McKee Ine. 13 s \CL WA7 EF1Mb01 W 1.doc TASK 15 - ANALYSIS OF EXISTING UNDERGROUND CONTAMINATION The City of Clearwater will provide ENGINEER with appropriate information' regarding the presence of identified soil and groundwater contamination associated with the former Clearwater Manufactured Gas Plant in Clearwater, Florida. This information will be in the form of technical specifications and exhibits that will provide guidelines regarding the methodologies for handling, storing, characterizing, and disposing of excavated contarnhiated soils and groundwater generated during dewatering activities, ! J No fee has been allocated-for this task. TASK 16- UTILITY ADJUSTMENT DESIGN 'City utility atlases have been researched and no plans for improvements to existing utilities in Myrtle Avenue have been identified. Engineering plans will be developed to address the necessary adjustment or relocation of the City's public utilities such as potable water and sanitary sewers, affected by the proposed stormwater improvements in Myrtle Avenue. Coordination. with private utility companies will also be provided to obtain plans of existing systems that may be affected by the proposed infrastructure work. Coordination between the ENGINEER and City staff will, be provided to plan for road construction, the maintenance of traffic and the continuance of utility services during construction. Thirty (30) utility plan and profile sheets are planned to be prepared to cover the limits of the project which will indicate both adjustments to public utilities and improvements to the drainage system. The ENGINEER's utility plan set would be limited to ten (10) additional design sheets with general information, civil and structural details as follows: o An infrastructure key sheet (1) a General utility construction note sheet (1) it Drainage and utility plan and profile sheets (28) n Drainage basin map of all-off-site basins contributing stormwater runoff to the Myrtle Ave. system (1) a Infrastructure detail sheets (3) ¦ Structural design sheets for structural concrete (2) a Railroad Crossing Design and Detail Sheets (2) These design sheets will be part of the complete final plan submittal under Task No. 7 above. A task allowance of an. additional 10% of the fee for Task 16 Utility Adjustment Design is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $93,031 CUM Camp Diew-r & MCKTe Inc. 14. SACLwAI ERMbOl08 Cdoc TASK 17- MEETINGS ENGINEER will meet with City staff at appropriate times to review the progress of the project design. A kick-off, 30%, 60%e review and 90% review meetings are planned. In addition-monthly progress meetings are planned over the nine-month schedule for the design project. Thirteen (13) meetings in total are planned within the preparation of the contract documents in this scope of services. Two (2) additional meetings, to present the project to the Downtown Development Board and to explain to the general public the Maintenance of Traffic Plan (MOT). This scope of services includes the preparation of graphics about the MOT for the general public's understanding. Other meetings requested by the City with staff or in attendance at the City Commission for special presentations and public information workshops beyond these 15 meetings will be additional services. A task allowance of an additional 10% of the fee.for Task 17.Meetings is included in the total fee for this task. This allowance may only be used for additional, services and invoiced to the City, upon written authorization by the City's Project Manager to do so. FEE $26,505 TASK 18- PERMITTING Projectpermitting will be required from the CSX Railroad, FDOT, SWFWMD, Pinellas County Health Department, and the FDEP. Sub-tasks to prepare and submit these permit applications follow. SUBTASK 18A CSX Railroad - There are two railroad crossings where proposed stormwater piping will be placed underneath the tracks. One is on Myrtle Avenue and the other is on Jones Street. Permit application forms and design drawings will be developed to submit for approval from the CSX Railroad for construction of the project to install new stormsewer culverts by either the open- cut or jack and bore methods. SUBTASK 18B FDOT - Four FDOT roadways are affected by the proposed design improvements of Myrtle Avenue. Permits for construction within FDOT Right-of- Way will be required at Cleveland, Drew and two for Ft. Harrison. Permit applications will be prepared along with the project design plans. SUBTASK 18C FDOT Drainage connection permits - The drainage of three roadways of the FDOT, Cleveland Street (S.R. 60), Drew Street (S.R. 590), and Fort Harrison Avenue (U.S. Highway 19A) will be affected by the proposed project. Drainage from these roadways will be collected by the improved Myrtle Avenue system and routed to the proposed points of final discharge. A FDOT Chapter 14- 86 Drainage Connection Permit will be required for each of the separate three- (3) roadways. ENGINEER will prepare the required permit applications with the supporting technical information of system hydraulic analyses to address the . FDOT's critical duration storm regulations. =M Camp Diesser &, McKee Inc. is SACLWATEMb01ool.dot 1 1 1 , el . SUBTASK 18D SWFW&ID -- A permit exemption or Environmental Resource Permit application will be prepared and submitted to the Southwest Florida Water Management District. SUBTASK 18E Health Department-- The design plans for adjustments to potable water lines will be submitted. to the Pinellas County Public Health Unit for a permit to remove and place back in service the public drinking water system. One overall permit application for phased potable water line adjustments is planned. SUBTASK 18F FFDEP - A permit application will be prepared and submitted to the Florida Department of Environmental Protection for adjustments to sanitary sewers within the project area. SUBTASK 18G PERMIT FEES - Fees to accompany the permit applications will be paid by CDM and invoiced to the City. A total budget for permit application fees {{ for these permits of $2500 is included in this scope of services. i I It will be a requirement in the project specifications for the contractor to obtain an NPDES Notice of Intent after submitting an Erasion and Sedimentation Control Plan. A task all owance of an additional 10% of the fee for Task 18 Permitting is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $53,944 TASK 19- ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST An opinion of probable construction cost will be developed for the project at the preliminary 60% and final 100% completion of the design plans. Based on the preliminary roadway design plans, ENGINEER will prepare a preliminary opinion of probable construction cost. The preliminary opinion of probable construction cost will be based on estimated quantities where required. ENGINEER will, also prepare a final opinion of probable construction cost for the roadway and drainage improvements as shown on the final roadway design plans. The final opinion of probable construction cost will be based on quantities obtained from the final roadway design plans. ENGINEER will also submit one (1) copy of the final opinion of probable constriction cost- to the City for their use. A task allowance of an additional 10% of the fee for Task 19 Engineer's Opinion of Probable Construction Cost is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City.upon . written authorization by the City's Project Manager to do so. FEE $19,983 CDM Camp Ehesser & McKee laic. 16 SACLW ATEF100100I ,ek)r .TASK 20 - SPECIFICATIONS ENGINEER will prepare camera-ready technical specification sections called 'Technical Special Provisions•(TSP). The City will assemble its standard project specification manual that will include the City's front-end legal documents in ' advance of the TSP's. The City will publish the project manual and sell bidding documents. A task allowance of an additional 10% of the fee for Task 20 Specifications is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $20,164 TASK 21- LIMITED CONSTRUCTION MANAGEMENT SERVICES ENGINEER understands the City will contract for full construction management responsibilities with another engineering firm (Construction Manager). The ENGINEER will provide limited construction phase services based on a 16-month construction time frame to Substantial Completion and 18-month total project construction duration. The ENGINEER'S limited construction management responsibilities will include services as further described in Attachment No. 1: w ENGINEER will attend a pre-bid conference and prepare one addendum to clarify bidders questions during the bidding period. Laid tabulation will be performed by the City. ¦ Attend a pre-construction conference. w Attend selected progress meetings (4) over the duration of the project. After attendance at the bi-monthly progress meetings, a site visit will be conducted to review general conformance with the plans and specifications. w , Respond to as needed questions from the Construction Manager to issue necessary routine clarifications, evaluation for material substitutions and interpretations of the Contract Documents. This construction management arrangement preferred by the City requires the ENGINEER to respond to routine project construction questions from the Construction Manager. The City's Project Manager will forward questions from the Construction Manager to CDM. City requested written clarification to a question, will be documented ' in written form that can serve to account for these costs. Eighteen (18), one per month, written plan clarifications are budgeted for this project, Only the number of written clarifications will be invoiced. Response to questions associated with non- cons tructibility issues bf the project design will be provided by ENGINEER at no cost to the City. ¦ Respond to contractor Requests For Information (RFI's). Thirty (30) RM's arc anticipated for this project. CAM Camp prcamer & McKee Inc. 47 S NcLwntenubo1081.a0c H i ¦ Review technical submittals (shop drawings) from the contractor. Twenty (20) shop drawings are anticipated for this project. Re-submittals of rejected shop drawings will be counted within the 20 shop-drawing budget for this task. a Attend a Substantial Completion site visit to assist the Construction Management firm in determining that the project is Substantially Complete. ¦ Prepare record. drawings from signed and sealed as-built drawings prepared by a Professional Surveyor and Mapper (PSM) for the contractor, in paper and digital format. 'A task allowance of an additional 10% of the fee for Task 21 Limited Construction Management Services is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. Review of more than twenty (20) technical submittals or thirty (30) RFI's, or nine (9) field visits, 18 written plan clarifications, or attendance at more than four (4) progress meetings will be additional services' compensated per Attachment No.1 under this task allowance. If the quantity of technical submittals or RFI reviews, or progress meetings or field visits is less than above, the City will be invoiced for only those services actually performed. FEE $101,045 t TASK 22 - DYNAMIC MODELING GRAPHICAL RESULTS FOR CITY PRESENTATION SUPPORT f I i .. Task 22.1 Collect and Evaluate Digital Topographic Data ! The ENGINEER will meet with CITY representatives in a task kickoff meeting to collect and evaluate available digital topographic data. The CITY will provide the topographic coverage(s) in Arclnfo/ArcView exchange format and in an appropriate ASCII text file format (x,y,z points) as designated by the ENGINEER. The ENGINEER will evaluate the completeness and continuity of the digital elevation model and identify potential deficiencies or incompleteness to the CITY. The CITY will correct this coverage as necessary and provide the corrected coverage(s) to CDM for use in the development of the Plan View Graphics. If the CITY desires the ENGINEER to correct the coverage, it will be additional services to this agreement. Task 22.2 Plan View Graphics The ENGINEER will process the topographic data and model results from Phase I of the Myrtle Avenue project using MIKE 11 GiS to create plan view floodplain graphics. Purchase of the software is not included in this budget. The base map for these graphics will include the existing aerial photographs provided by the CITY, six selected street names, and the overall Myrtle Avenue basin boundary CDM Camp Qresstr & McKee Inc. 18 S:sCt W AT E FTt b01 D B 1. d oe (similar to Figure 1-1 of the Phase .l. report). Graphics will include a static plan view of the peak flood stage boundaries and dynamic (time series animation) plan view of the inundation boundaries for each of following four scenarios: 1. Existing system under existing land use conditions for the July 15, 2000 storm event: 2. Proposed Alternative 2 (5-year LOS) system under existing land use conditions for the July 15, 2000 storm event. 3. Existing system under future land use conditions for the 10-year/24-hour design storm event. 4.. Proposed Alternative 2 (5-year LOS) system under future land use conditions for the 10-year/24-hour design storm event. Task 22.3 Section View Graphics The ENGMER will also obtain digital photographs of up to six selected streetscape cross-sections as defined by the CITY. The ENGINEER will process the digital photographs to create static cross-section graphics showing the road. centerline elevation, building first floor elevation (s), and peak computed flood stage for the six streetscape section views under the four scenarios listed above using MS Paint. Graphic Deliverables " The ENGINEER will review the four plan views of the six section view graphics, twenty-four (24) in total, to verify they are appropriate and suitable for public presentation purposes. The ENGINEER will deliver the digital files (in JPEG, AVI, and/or Microsoft PowerPoint format) to the CITY for review. After review, the ENGINEER will address CITY review comments received and deliver the final electronic files to the CITY. A task allowance of an additional 10% of the fee for Task 22 Dynamic Modeling Graphical Results for City Presentation Support is included in the total fee for this task. This allowance may only be used for additional services and invoiced to the City upon written authorization by the City's Project Manager to do so. FEE $9,503 PROJECT DELIVERABLES: i Ten (10) copies of 30%, 60%, and 100% plans will be delivered to the City. Four (4) copies of,the project specification manual will be provided at the 90% plan completion stage for City review. A camera-ready copy of the project specification manual will be provided at the 100% plan completion stage. CDM Camp Vresser & McKee Inc. 19 .' &%UWA7EF3ub0108t.dm r . ¦!. Plans will be produced on reproducible vellum and provided electronically on AutoCAD version 14 according to the following format, ut-ilizing'either Pinellas County or FDC cadd'graphical standards. The survey plan shall be produced on stable-based mylar material, 24"x36" or reproducible vellum at a scale of 1"=20' unless approved otherwise. Upon request, the consultant shall deliver a 3.5-inch magnetic media computer disk or CD-ROM containing all project data in Land Development Desktop (LDD) R1 or R2, format complete with all drawing files and associated project data files. When LDD is not available, upon approval by the City of Clearwater Project Manager, a standard ASCII file can be delivered with all associated drawing and dependent files. The ASCII file shall be a comma or space delimited containing code, point number northing, easting, elevation and description for each data point. Example 'below space delimited ASCII file: POINT # NORTHING EASTING ELEV DESC 2B4 1361003.838 264285.635 25.00 BCV Or comma delimited ASCII file: 284,1361003.838,264286.635,25.00,BCV (PNEZD) A note shall follow the code whenever additional clarification is required to describe the data point. An AutoCAD Release Fourteen (14) drawing, Acad2000 drawing file shall be submitted. NOTE: Pinellas County CAD standards will be used by the consultant and shall include all necessary information to aid in manipulating the drawing including either PCP, CTB or pen schedule for plotting. The drawing file shall include-only authorized fonts, shapes, line types or other attributes contained in the standard AutoDesk, Inc. release. All block references and references contained within the drawing file shall be included on the magnetic media disk. Also, include a PCP, CTB file or a pen schedule for plotting of drawings. SERVICES NOT INCLUDED: a It is also expressly understood that the following services are not included in this scope of services: N Traffic analysis, signal timing adjustments, or traffic data collection. u Design of signalization plans or plans showing any adjustment to existing signals, including poles, guy wires, electrical wiring, detector loops, etc. a . Design of street lighting or coordination with-Florida Power Corporation . regarding new street lighting. CDM Camp Dresser & KIcKrc Inc. SACLWA7EHkMpd1.doC 20 v Design for improvement to street lighting or street furniture such as trash receptacles and benches along Myrtle Avenue are not included. a Full time resident inspection and full time construction management. ¦ Any work associated with location of potable or reclaimed water services/laterals, sanitary sewer services and laterals, storm sewers, or underdrains. CITY RESPONSIBILITIES: The City will provide the following information or services: j a When necessary to complete the topographic survey work, all support documentation such as, but not limited to, deeds, recorded easements, right- of-way maps, legal descriptions, etc. will be provided by others. ¦ • Access to the interior of structures such as manholes, catch basins, vaults, etc. that may have solid, inaccessible tops or that may be covered by asphalt will be provided by the City. a Traffic control, including temporary lane closures for the safety of the public, and FDC survey personnel, and to allow FDC survey personnel to access or open strictures within or closely adjacent to traffic lanes will be provided by the City. ¦ City •,vill assemble the final Project Specifications Manual with its legal front- end documents, produce and sell contract documents to interested bidders. The City will also reproduce and distribute addendum to bidders. ¦ Permits that may be required to perform the geotechnical investigation will be provided. The City will not be rasponsible to obtain permits from the FDOT for geotechnical investigations within FDOT right-of-way. 'I7iis permission will be part of permits obtained under Task 18. ¦ City will cooperate with DESI in providing any additional information relative to known utilities so as to assist in coordinating the test boring locations. ¦ City will allow the Standard Penetration Test borings to be performed at night during the normal workweek with one temporary lane closure during the performance of each lest baring. Phis work will take place between the hours of 7 pm and 5 am daily for approximately 3 to 4 days. a City plan review time at each plan submittal phase is limited to two weeks to maintain the project,scltedtile. CDM camp t) sscr & &icY.rc Inc. 21 S; %Ct W AT [ nVb41091.dm f . . U " ¦ The City will accomplish Task 15. The City will provide the ENGINEER will appropriate information to be added to the construction plans and, specifications as notes to direct the contractor how to address potentially contaxninated soil. 3. PROJECT GOALS: Completed construction plans, specifications and environmental permits for the subject roadway and infrastructures improvements. 4. BUDGET:. C13M'Engineering Labor (task ##)* Starmwater and Util. design 13'14,16 $ 151,977 Meetings 17 $ 15,180 -.Permitting 18 $ 53,944 Cost opinion '& Specs.15,19-20 $ 23,672• Lim. Constr. Management 21 $ 53,174 Graphic Presentation • 22 $ 9,503 Subconsultant (FDC) * $ 370,978 ' (Task-, 1,5-12,17,19-21) Subconsultant (DES) * 2,3,4 $ 24,200. Subconsultant (GFY) * 5A $. ' 94,531 'Expenses $ 17,000' Permit Fees $_ 2,500 Total Engineering Design Budget: $ 816,659 . * See attached Appendix of fee breakdown tables from CDM, FDC, GFY and DESI ' by task and by firm. ;5. SCHEDULE:. Design services will commence immediately upon authorization from the City. Services are anticipated to start in November 2001 and be completed in August 2002 so the City can advertise the contract documents to receive a price proposal. The bidding period may be between September-October 2002, with contract Award during November 2002, Actual project construction would be planned to start in December 2002. 6. CORRESPONDENCE/REPORTING PROCEDURES: All CDM project correspondence .Ball be dire cit-d to Briin Barke'r or his designee with copies to others as may lie appropriate, All City correspondence shall be directed to Joe Hickle at CDM with copies to Barry liy%valee: at FDC. CIDM camp Dresser & McKee Inc. 22 SNCLW ATERU01061.doc 7. INVOICING/FUNDING PROCEDURES: . Invoices shall be submitted monthly to Marty Pages for work performed. Invoices will be prepared monthly according to Billing Method B, Lump Sum and be billed as a percent complete of each task. Task allowances will be billed as incurred only after written authorization provided by the City to proceed with those services. Additional services during construction such as site visits, written plan clarifications, RrTs, Shop drawings, and attending progress meetings will be billed separately per each according to Attachment No. 1. City Invoicing Code:315-92265-561200-541-000 $561,659 377--96142--561200--539-000 0255,000 8. ENGINEER CERTIFICATION: CDM and it's sub-consultant; Florida Design Consultants wall certify as a licensed Professional Engineer, registered in accordance with Florida Statute 471 (481), that ' the above project's site and/or construction plans meet or exceed all applicable design criteria specified by City municipal ordinance, State, and -Federal established standards' We' understand that it is our and our sub-consultant's responsibility as the project's Professional Engineer to perform a quality assurance review of these submitted plans to ensure that such plans are free from errors and/or omissions. Further, we accept that the City's Final Inspection for a ' 'Certificate of Occupancy does not relieve our sub-consultant firm from their own quality assurance review. This certification shall apply equally to any further revision and/or submittal of plans, computations, or other project documents, which we may subsequently tender. PREPARED BY: CITY r- CDM w ?V 1 Michael D..Qui en, P.E. Date D glas W. Fredericks, P.E. Date City Engineer V c President CDM Camp Dresser & McKee Inc. SiGLWAiERUM1061,doc CDM TAMPA STAFF AVAILABLE FOR THIS PROJECT Project Manager, Joe Hickle, 35% available. Senior Engineer, Gina Cashon, 50% available and Joe Goldbach, 30% available Senior Design Professional II, Dan Glaser, 50%, and Tim Verwey, 25% available. Design Professional Y, Wayne Sharp, 25% available. Senior Technician, Jane Williams, 50% available Technician, Richard Nader, 15% available. ' Clerical, Donna Crosby, 30% available ; Construction Coordinator, Ted Armstrong, 20% available. Subconsultants: Florida Des.ign Consultants PM, Barry Bywalec, P.E. George F.,Young PM, Greg Crawford Driggers Engineering Services PM, Jamie Driggers, P.E. CDM Camp Dresser & McKee Inc. 24 SAMWATEMbO108L 0% UTILITY CONFLICT BREAKDOWN PAGE 1 Clearwater Gas Conflicts Pipe Size Number of Conflicts 1" 6 2" 8 3" 1 4,? 7 6„ 2 8?, 1 'Clearwater Potable Water Pi 2e Size ' Number of Conflicts 4" 4 b" 20 P,? 1 10/' 3 12" 3 14" 1 16" ' 5 20" 1 Clearwater Sanitary Force Main Size 1 T e Number of Conflicts 24' 3 City of Clearwater Data Communication Lines Size / T e Number of Conflicts Fiber Optic Cable & Data Cable 3 Florida Power Under round Size Number of Conflicts Underground Network or . Manhole System' 10 CDM Camp Lhcmcr dl McKcc hic. SACLWATEITM1001.doc 25 KMC Telecom Size/Type Number of Conflicts Fiber Optic Cable ' , i Verizon Tele hone Under round Size I Type Number of Conflicts Manhole a stems. 3 Misc. Cables 19 Fiber Optic Cables 6 Verizon Media Ventures CATV Size / Type Number of Conflicts Fiber Optic Cables 6 Misc. Cables 2 Time Warner CATV Size / Type Number of Conflicts __ Fiber tic Cables 2 Misc. Cables 4 C©M Camp Dtcmcr McKcr Inc. 26 S tCLWATCROO1D8?.doc . .il. : e5., ':i'"' ..5.lh: .a}•'.ia :!': )>.:.1? rs ':;.- ts:- o•A. •1.,>:. .}I '.a :'q)?: :y t. ' ' ., A , : I ..i 1` -'?'rA "0 ''.5."«''1 ,.. f, ' fit.. :!'.. IS _ i. • ' y' ., rf :: fyl. A:}°. ,?t, ro - .'e. .. ... -.. , , , -i 43f{7..'f ;?: "'? .. ., r;:.•'..... ..d . 5 •• ;, _ .:. 1 •; 7 ' FEE APPENDIX ' . . ... , f r ? 1 f '? ` r I , ' ? .5, r , , ,, r I, ' ? ? ? . . ' ; r ? '. . ',j? r. , ; •' rl - • ,tit '- . r ? ? .' , ? li ??. ? ?b•. 4 , , r - ? ? ;r" I? ? ? ' d . ` '3 CfS { t ' , • r I . ? .. - ? . 1 ?y ? l .. e r ? ? 1` ,5 r 1 '' ? ? i' .? ?' .i .. .c. .:1 r r 1 .- t •I• '- s , Ir ' .; 11 - ; } ft f! y J' ' ' ( II 1 , ' 3 1 .. 1 ' ; 1. 1 ' ? ? ? ? ? ? ' ? ? - 1 ' ' ..? Ar .,<r? •3 '. f '•?' ? ? ?. 1 1 .. 'fl ' •1 ,; ' ?! 1 . . ?' . F < ` ? ? . 5• ` ' t i .' I S 1 ?' 1?1 . - 1 ' ? s t r" r 1 ' ' • ` r ' ` - ' ? •, ? 1 1 }< ? ' . ? ,. •y ? r 11 ??. , r r. ` •?y ? - , r I ,'Y 1 I 5 ',. it 't? , , , I ' r ' ? ? 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(+) tr 1•f1 v m Q a) to •"" N tf) 1(') M W to r r V' M M M (71 M 4 00 (D to Ca O Ca Cf) 01 r (+7 ti CO In N CD I- M to M 1-- M M 1 () to M M T I? 11•) (D 117 (D co co C) 117 CO -q m Q Cd M I' r (p e rn M (p C+7 C6 o m C N (D rn r 0) N r r r- M r a) N LO r N 0) M r r ? J H I H (f9 m to es V) M 0) (f? (f3 (f3 (? tf) (i} (>? (f? (f} tF3 v3 lF? t? (f? V) w ca (A (rs co CD cn C) cl? co a in !11 © (r7 Vt (17 (? • t-. r- co IM l CD r O I- CO r V r lW to M N r C7 00 l(7 co (D r r C 7 (D N N Lo co C7 ti C7! co r- 47 1-- Ch co co !? cr) CO CO 1n (D CY) IL Cp C; C6 C'7 I+ cD V- r d r ? C N v fl- U W w U- ? ? u>` m (s (r? 0 (R m I I t m (i3 to c9 ? - -- l1, tf7 r r Q O N V' ? O G7 G w l17 Q1 1 (?) OU Co V- I? C7 C7 cl tf] 03 m C: r m M M r 117 C7 If) N m z M ? V- to 11] N M Q ' J U (n (» is ert (n (n M m t+3 vz• (n w to *- N M d' M Q M i- C17 0 CD r N M Nr If) (D I+ CO (n 4 r LV LO r r r r r r r r r N N N U) J Q xx W LU O - R h r N co N CL NIYRTILE AVENUE RECONSTRUCTION FROM NORTH OF LAKEVIEW ROAD TO SOU'ri-I OF FORT HARRISON AVENUE (U. S. HIGHWAY 19A) FEE ESTIMATE TASK I -'ROADWAY TOPOGRAPHIC DATA HOURS RATE FEE PRINCIPAL 10 $ 131.00 $ 1,310.00 SURVEY MANAGER 40 $ 90.00 $ 3,600,00 CREW SUPERVISOR 48 $ 68.00 $ 2,720.00. 3-MAN FIELD CREW 440 $ 105.00 $ 46,200.00 PROJECT SURVEYOR 400 $ 74.00 $ 23,6110.00 SR. PROJECT MANAGER 8 $ 110.00.1 $ 880.00 PROJECT ENGINEER 8 $ 79.00 $ 632.00 ACAD TECHNICIAN 8 $ 60.00 $ 480.00 TOTAL 1824 Avg. 46.83 85,422.00 TASK 5 -- LOCATION OF EXISTING UTILITIES FROM RECORDS HOURS RATE FEE PRINCIPAL I $ 131.00 $ 131,00 SR. PROJECT MANAGER 6 $ 110.00 $ 660.00 PROJECT ENGINEER 24 $ 79.00 $ 1,896.00 ACAD TECHNICIAN 48 $ 60.00 $ 2,880.00 TOTAL 79 Avg. $70.47 $ _ 5,567.00 TASK 5A - LOCATION OF EXISTING UTILITIES FROM FIELD MEASUREMENTS , HOURS RATE FEE PRINCIPAL 1 $ 131.00 $ 131.00 SR. PROJECT MANAGER 4 $ 110.00 $ 440.00 PROJECT ENGINEER 12 $ 79.00 $ 948.00 ACRD TECHNICIAN 16 i s 60.00 $ 960.00 TOTAL- 33 . Avg. $75.12 $ 2,479.00 TASK 6 - 30% ROADWAY DESIGN HOURS RATE FEE PRINCIPAL 4 $ 131.00 $ 624.00 SR. PROJECT MANAGER 16 $ 110.00 $ 1,760.00 PROJECT ENGINEER 64 $ 79.00 $ 5,056.00 . ACAD 'TECHNICIAN SO $ 60.00 $ 4,800.00 TOTAL 164 Avg. $74,02 $ 12,140.00. TASK 6A -- 60% ROADWAY DESIGN i HOURS RATE FEE PRINCIPAL 2 $ 131.00 $ 262.00 SR. PROJECT MANAGER 16 $ 110.00 $ 11760.00 PROJECT ENGINEER 64 $ 79.00 $ 5,056.00 ACAD TECHNICIAN 40 $ 60.00 $ 2,400.00 . TOTAL. 156 Avg. $73.77 $ 9,478.00 TASK 7 - 90% ROADWAY DESIGN HOURS RATE FEE PRINCIPAL 40 $ 131.00 $ 5,240.00 SR. PROJECT MANAGER 140 $ 110.00 $ 15,400.00 PROJECT ENGINEER 420 $ 79.00 $ 33,180.00 ACAD TECHNICIAN 572 I s 60.00 $ 34,320.00 TOTAL 1172 Avg. $75.20 $ . 88,140.00 TASK 7A -- I0001/0 FINAL ROADWAY DESIGN. HOURS RATE FEE PRINCIPAL 4 $ 131.00 $ 524.00 SR. PROJECT MANAGER 14 $ 110.00 $ 1,540,00 PROJECT ENGINEER 64 $ 79.00 $ 5,056.00 ACAD TECHNICIAN 80 $ 60.00 $ 4,800.00 TOTAL , 162 Avg. $73.58 $ 11,921.00 TASK 8 - INTERSECTION DESIGN HOURS RATE FEE PRINCIPAL 4 $ 131.00 $ 524.00 SR. PROJECT MGR. 8 110.00 $ 880.00 PROJECT ENGINEER .40 79.00 $ 3,160.00 ACRD 56 _ 60.00 $ 3,360.00 TOTAL 108 Avg. 73.37 $ 7,924.00 TASK 9 - ROADWAY DESIGN COORDINATION WITH THE FDOT HOURS RATE FEE PRINCIPAL 2 $ 131.00 $ 262.00 SR. PROJECT MGR. 12 110.00 $ 1,320.00 PROJECT ENGINEER 12 79.00 $ 948.00 ACAD 8 60.00 Is 480.00 TOTAL 34 Avg. 91.23 $ 3,010.00 HOURS RATE FEE PRINCIPAL 2 $ 131.00 $ _ 262.00 SR. PROJECT I4iGR. 10 110.00 $ 11100.00 PROJECT ENGINEER 40, 79.00 $ 3,160.00 ACAD ' 40 60.00 $ 2,400.00 TOTAL 92 Avg. 75.24 S 6,922.00 TASK 1 I -- SIGNING AND PAVEMENT MARKING PLANS i i' i TASK 12 -'MAINTENANCE OF TRAFFIC PLANS HOURS RATE FEE PRINCIPAL 16 $ 131.00 $ 2,096.00 SR. PROJECT MGR 12 110.00 $ 1,320.00 PROJECT. ENGINEER 50 79.00 $ 3,950.00 ACAD 58 60.00 $ 3,480.00 TOTAL 136 Avg. 79.75 $ 10,846.00 HOURS RATE FEE PRINCIPAL 8 $ 131.00 $ 1,048.00. SR. PROJECT MGR.. 16 110.00 $ 1,760.00 . PROJECT ENGINEER 48 79.00 $ 3,792.00 , ACAD 144 60.00 $ 8,640.00 TOTAL 216 Avg. 70.56 $ 15,240,00 TASK 17 -MEETINGS HOURS RATE FEE PRINCIPAL 10 131.00 $ 1,310.00 SR. PROJECT MGR. 45 110.00 $ 4,950.00 PROJECT ENGINEER 45 79.00 $ 3,555.00 ACAD 8 60.00 $ 480.00 TOTAL 108 Avg: 95.32 $ 10,295.00 TASK 1'9 -- ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COST HOURS _ RATE FEE PRINCIPAL 2 $ 131.00 ' $ 262.00 . SR. PROJECT MGR. 16 110,00 $ 1,760.00 PROJECT ENGINEER 96 79.00 $ 7,584.00 ACAD 16 60.00 $ 960.00 TOTAL. 130 Avg. 81.28 $ 10,566.00 HOURS RATE FEE PRINCIPAL 1 131.00 $ 131.00 SR. PROJECT MGR. _ 8 110.00 $ '880.00 PROJECT ENGINEER 40 79.00 $ . 3,160.00 ACAD .4 60.00 $ 240.00 TOTAL 53. Avg.. 83.25 $ 4,411.00 TASK 22- LIMITED CONSTRUCTION.OBSERVATION SERVICES PA01-2a?t R.aoc i `TASK 2; ; ASSIS'T'ANCE DURING BIDDING + HOURS RATE FEE PRINCIPAL. 1 $ 131.00 $ 131.00 SR. PROJEc'r.MGR. 12 110.00 $ 1,320.00 PROJECT ENGINEER 16 79.00 $ 1,264.00 ACRD .8 60.00 $ 480.00 TOTAL 37 Avg. 86.35 $ 3,195.00 HOURS RATE FEE PRINCIPAL . 6 $ 131.00 $ 786.00 SR. PROJECT. MGR. 44 110.00 $ 4,840.00 PROJECT ENGINEER 180 79.00 $ 14,220.00 FIELD REPRESENTATIVE .186, 73.00 $ 13,578.00 . ACRD _ 50 60.00 $ 3,000.00 TOTAL 466 Avg. $78.16 , $ 36,424.00 . Reimbursables $ 14,600.00 GRAND T OTAL $ 3389580.00 r J DRIGGERS' UNIT FEES AND ESTIMATED COSTS GE+OTECHNICAL INVESTIGATION MYRTLE AVENUE AMOUNT, COST DESCRIPTION UNIT FEE ITEM 1. Mobilization and,.' $250.50 LS -1 $ 250.00 Demobilization 2. ' , Roadway Classification Borings " a) Coring and Patching Pavement or Sidewalks 40.00 Ea. 25 .1,000.00, b) Hand Auger Borings 8.00ILF 300 LF , 2,400.00 ; (50@6} c) Traff c Control 500.00 LS 1 500.00' 3. Standard Penetration Test (SPT) borings • a) Coring and Patching Pavements or Sidewalks 40.00 Ea. 20 800.00. b)SPT sampling (20 cr 13.50ILF* 300/LF 4,050.00 15'). c) Traffic Control 1,500.00 LS 1 1,500.00. A. Laboratory Testing a) Limerock Bearing 200.00 Ea. 10 2,000.00 Ratio 20.00 Ea. 40 800.00 b) Grainsize Analysis 50.00 Ea. 15 750.00 c) Atterberg Limit's F 20.00 Ea. B. 300,00 d) Organic Content e) Corrosivity Series 140.00. Ea. 10 1,400.00. (pH, CL., SO,i) Resistivity) t November 1, 2001 e Myrtle Avenue /Task project Nam COST RATE TASK RELATED PEE: DESIGNATION DAYS $41,417.86 , 1,882.63 Location Vac Truck & Crew $5,655.84 4 1,413.96 Oesignatlort Truck & CreW $0.00 0 250.00 ' Mobilization I Demobilizatior+ RATE ATED FEE' FIELD SURVEYING DAYS COST 00 TASK REL - $16,000. a00A0 20 3 Person Survey Team i Three () ui ment) d Conventional Eq 4? {Includes vehicle an Three (3) person Survey Team ment). d GPS equiP (includes vehicle an COST - TASK RELATED FEE: HOURLY MAN-HOURS RATE 0 $540.00 4 135.0 $2,400.00 24 10 $3,840.00 .00 PAL PRINCI 32 12065.00 OSECT MANAGER $3,120.00 pR 48 SURVEYOR 111 65.00 64 $4,160.00 648.00 $3 . " SURVEYOR TECH' 48 76.00 , $280.00 SENIOR CADD TECH. ' 35.00 8 SUE MANAGER g75,00 SECRETARY ! CLERICAL 25 135.00 - MAINTENANCE OF TRAFFIC I ?a5?g36.70 TOTAL % i ATTACHMENT 1 CITY OF CLEARWATER, FLORIDA MYRTLE AVENUE REHABILITATION PROJECT-' SCOPE OF SERVICES FOR • ' LIMITED SERVICES DURING CONSTRUCTION 1. Prebid Conference CDM will attend a Pre-bid Conference, which -will be advertised by the City. A CDM construction service, representative' and an- engineer will attend, the conference. CDM will not prepare minutes from the conference. 2.- Addendum CDM will prepare Addenda required for the bidding process. CDM will provide an original copy of the addenda to the City for copies and distribution. One (1) addendum is anticipated for this project: Additional Addendum will be considered as additional services. 3. Preconstruction Conference CDM will attend a Pre-construction Conference, which will be coordinated by the City. A CDM construction service representative and an engineer will attend the conference. 4. ' Visits to Site and Observation of Construction a. CDM will make visits to the site at intervals appropriate to the various stages of construction, as CDM, or the City, deems necessary to observe the progress and quality of the various aspects of the contractor's work. CDM anticipates four. (4) site visits for the project. These site visits are anticipated to occur on the same date as the progress 'meetings. ' Additional visits will be considered as additional services. 5. Clarifications and Interpretations CDIVI will issue necessary routine clarifications and interpretations of the Contract Documents as appropriate to.the orderly completion of the work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. The anticipated duration for (. this service is eighteen (18) months. One written clarification per month are budgeted for this project. Additional clarifications and interpretations that occur r beyond this duration shall be considered as additional services. CDM Camp Dresscr & McKee hic. SACLWAT£M01062.doc f Requests for Information (RFI) In addition to the routine clarifications and/or interpretations to be issued by CUM, CDM will also issue responses to RFls during the project. Thirty (30) RFIs are anticipated for this project: Additional RFIs will be considered as additional services. 7. Shop Drawings CDM will review and approve (or take other appropriate action in respect of) Shop Drawings and Samples and other data which the contractor is required to E submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences or procedures of construction or to safety precautions and programs incident thereto. Twenty (20) shop drawings are anticipated for this project. A shop drawing resubmittal shall be included as one (1) each shop drawing, and not park of the original shop drawing submittal. Additional shop drawings will be considered as additional services. 8. Progress Meetings CDM will attend requested progress meetings. A CDM construction service representative and an engineer will attend the meetings. CDM will not prepare minutes from the meetings. Attendance at four (4) progress meetings are anticipated for this project. Additional progress meetings will be considered as additional services. 9. Substantial Completion following notice from the contractor that the contractor considers the entire work ready for its intended use, CDM and the City, accompanied by the contractor, will attend an inspection to determine if the work is substantially complete. One (1) each substantial completion inspection is anticipated for the project. Additional substantial completion inspections will be considered as additional services. If after considering any objections of the City, CDM considers as the work substantially complete, CDM will provide a tentative list of items to be corrected or completed to the City. CDM will not issue a Certificate of Substantial Completion. 10. Contractor's Completion Documents CDM will receive, review and transmit to the City, with written comments, marked-up record documents (including Shop Drawings, Samples and other data approved), which are to be assembled by the contractor in accordance with the Contract Documents. CDM's review of such documents, will only be to determine generally that their content cornplies with the requirements of, and in the case of certificates of inspections, tests and approvals that the results certified indicate compliance with, the Contract Documents.. CDM C,itup Lhesser & McKee Inc. SACtWA7EnW1W2.dM ' .r -` r J r 1 IL Limitation of Responsibilities CDM will not be responsible for the acts or omissions of any contractor, or of any other person or organization performing or furnishing any of the work. CDM will not be responsible for the contractor's failure to perform or furnish the work in accordance with the Contract Documents. The following tasks are not included within this scope of services: ' ¦, Bid tabulation and recommendation of award. . ¦ Notice of Award. a Scheduling/perfom-dng construction, or testing., ¦ - Land surveying services. Assistance as an expert witness in any litigation arising from the development or construction of the project. >a Attendance at arbitration hearings or any hearings before various approving } or regulatory'agencies. i a Review of Value Engineering proposals. M Observe performance tests required by the Technical Specifications. a Extra travel beyond the local travel that is normally required to observe the work. a Inspection responsibilities. a Field orders, work change directives, or change orders. e Final Inspection. a Review of 'the contractor's schedule. 12. Any subtasks that exceed the duration or quantities established in the above subtasks shall be considered as additional services and shall be compensated at the following rates: Plan Interpretation Clarifications $590/ea Site visits $400/ea RFIs $500/ea Shop - Drawings $500/ea Progress Meetings $7$0/ea Substantial Completion Inspection $'1,600/ea CIDM Camp L?rrs-ur & hicKcc Inc. SI CLWATEf1kh01062.Wc ¦ FrPpnCPd hY R rat, IM Ia' Earl Barrett Engineering Administration city of Clearwater P. O. Box 4748 Clearwater, Fl. 33758-4748 BLANKET WATERMAIN EASEMENT Y FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the receipt of which is hereby acknowiedged, and the benefits to be derived therefrom, the ROBERT N. LYNCH, AS BISHOP OF THE DIOCESE OF ST. PETERSBURG, a Corporation Sole P. O. Box 40200, St. Petersburg, Fl. 33743 does hereby grant and.' to the CITY OF CLEARWATER, FLORIDA, an, easement over; under and across the following described land, lying and being situate in the County of Pinellas, State of Florida, to-wit: A Twelve FnQt (12') water main easipmeal lying Six Eeet } Mains U0 to and ineludina all water hydrant and meters, but, excluding any jUater mains_th2t.t ny lie ttndpr buildings nr with n feet?ELa? bultdings, lying within thp frillowin-g do-scribed tract (tbe-Masement Parma A tract of land lying within Section 15, Township 29 South, Range 15 East, Pinellas County, Florida, being particularly described as follows: From the Northwest corner of the Southwest '/4 of the Southeast 1/4 of the Northeast V, of-said Section '15, Township 29 South, Range 15 East, run East 232.00 feet; thence South 25° West, 32.96 feet; thence East, 126.33 feet for a POINT OF BEGINNING; thence continue East, 360.00 feet; thence North, 30.00 feet; thence East, 589.00 feet;, thence South, 615.00 feet; thence West, 630.00 feet; thence North, 265.00 feet; thence West, 450,00 feet; thence North 25° East, 332.11 feet to the POINT OF BEGINNING. Containing ,'12.37 acres, more or less. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to maintain water mains, meters and hydrants as constructed pursuant to City of Clearwater building permit BCP 2001-01055, St. Cecelia School Addition, together with all previously constructed and existing water mains, meters and hydrants (collectively,."water facilities"), and to ins ct d alter such water facilities from time to time. The City, after closing, sliall have unrestricted access to the Easement Areal; by and over City property in order to perform its obligations hereunder, including but not limited to emergency maintenance and repair. Notwithstanding the foregoing, the City shall coordinate its programmed maintenance activities with the Administration of St. Cecelia Catholic School in order to minimize any adverse effects on School activities. In any event, the City shall request approval from the School before accessing the Property across School property. S Page 2,- Blanket Watermain Easement Grantor: Diocese of St. Petersburg Grantee: City of Clearwater Grantor hereby warrants and covena nts (a) that Grantor is the owner of the fee simple title to the premises in which the above-described Easement Area is located;. (b) that. Grantor has full right and lawful authority to grant and convey this easement to Grantee and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to, and be obligatory upon, the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the Grantor has caused this easement to be duly executed by its proper officers thereunto authorized and its seal to be hereunto affixed, this day of fr , 2001. Signed, sealed and delivered DIOCESE OF ST. PETERSBURG in the pre a of: / 'OA S-46 n'tt?e sl J 5e , 1 lt0 A . B (SEAL) Wltne 'Printed Signature obert N. Lync s Bishop of the Diocese of St. Petersb r a Corporation Sole ITNESS s{ignature (corporate seal) Witness' Printed Signature STATE OF FLORIDA ss COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Robert N. Lynch, as Bishop of the Diocese of.. St. Petersburg, who executed the foregoing instrument and acknowledged before me that he is duly authorized and did exe to the same on behalf of said corporation as his free act and deed for the uses a ?dpurposes erei " set forth. 4ienc uI person-t-a ' g a nowledgment oFF,?,,,?,,??Y ;, . lity Nf-. FU'Pe Jc4uniADAMO r n C mmISSION NWOER x URE 1 ?0 m= Type/print/stamp name of acknowledger xoF x`04° uY JCO Personally Known ] Produced Identification Type of Identification Produced I / EXHIBIT "A" "Easement Parcel" VAKK r STREET 1 8 24 1 sp s ? ari 3 105 1°? z on ? t0 07 so 18 T 17 113 20 Vne- 1065-605(Re,d0--1i7) rg 5 4 3 2 6? p N ? 13 60 X ? 2 m 47.5 q b m w b 9 8 7 4 3 2 1 6 5 Hiatus 4 2 1 h 102E 102A b ti 07 ~ w W 132111088765432 1 1 11, tot4 3 2 110596 1 I! 05 ? ? n q 14/01 50 rI \YV ? FIERCE STREET -9 to b w C+ b r h -1 TREAM 59 4 3 2 t7% 55 93-i16 EVER F11 ?, PL 4 ft 3 9 7 6 18 - Lk- ? 5 z04 z° 20 17 7 e l e - zZ1 213 16 S °' •? 6 210 on 6i ? 8 15 g 2zd j 7 z1s 9 14 ' 10 $ a. 7 3 zz4 ¢ b so Do# 10 13 m 03 zos 5 4 y 3 w 206 208 2tQ 1 z12 os 6 207 7 ve 220 zrs ?? 9 zzz 8 • 2z4 ?iD 11 12 13 w 14 z26 .. a pp CCep WERLY BE /?1? G# V I N T q S"FREET MANOR 11 12 PARCEL ? v^?0 fad ix. 60 2Z9 !2 e bi `•?°, Soo 1.0-DP 2`' 1 ~o 5 4 35 2 1 FRANKUN w1 w 2 L1f- agree. 13231-3 1 4 14/031 ST. CECELI A 4 INTERPAROCHIAL SCHOOL I 400 14/03 a sr D ID MARTIWOSOCCER FIELD ?;7 4072-1755 Voc 317-1692 RCS. 85-21 w o I o b .. 3030 STREET S.R. 651 6 6a' R/W DAL 1356-143 50'A/W 0.0. 1359-544 :::=3301 f .07 -?? 6-2. Prr rmil y R rehfm to Eart Barrett Engineering Administration City of Clearwater P. o. Box 4748 Clearwater, Fl. 33759-4748 BLANKET WATERMA.IN EASEMENT FOR AND IN CONSIDERATION of the sum of One Dollar'($1.00) cash in hand paid to, it, the receipt of which. is hereby acknowledged, and the benefits to be derived therefrom, MORTON PLANT HOSPITAL ASSOCIATION, INC., a Florida Corporation 326 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 Pinellas, State of Florida, to-wit: witbin_five -feet_(5') of btLUdigas. ly'np irbin the following described-tract (the "Easement Ares;, A tract of land lying within Section, 21, Township 29 South, Range 15 East, Pinellas County, Florida, being particularly described as follows; Begin at the Northwest corner of Lot 36, BLUFF VIEW COURT as recorded in Plat Book 1, Page 69.of the Public Records of Pinellas County, Florida; thence South 89°04'35" East, along the South right-of-way line of Jeffords Street, 392,00 feet; thence South 00°09'50" East, along a line 98.00 feet west of and parallel with the West right-of-way line of Reynolds Avenue, 604.00 feet; thence North 89°04'35" West, along the North right-of-way line of Pinellas Street, 272.00 feet; thence North 00°01'50" West, along the West right-of-way line of Bay Avenue, 288.00 feet; thence North' 89°04'35" West, 140.00 feet; thence North 00001'50" West, for 162.00 feet; thence South 89°04'35" East, for 20.00 feet to the Southwest corner of Lot 34 of said BLUFF VIEW COURT; thence North 00°01'50" West, along the West line of said Lots 34 and 36, for 154.00 feet to the POINT OF BEGINNING. Containing 4.71 acres, more or less. The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-described premises to construct and install water mains and meters in accordance with King Engineering plans as revised May 8, 2000 titled "Utility Relocation for Morton Plant Mease Health Care", and maintain thereon such water facilities, and to inspect and alter such water facilities from time to time. Page 2 - Blanket Watarmain Easement Grantor. Morton Plant Hospital Assn., Inc. Grantee:: City of CleaMater Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee simple title to the premises in which the above-described Easement Area is located; (b) that Grantor has full right and lawful authority 'to grant and convey this easement to Grantee and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and conditions herein contained shall inure and extend to, and be obligatory, upon, the successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the Grantor has caused this easement to be duly executed by its . proper officers thereunto authorized and its seal to be hereunto affixed, this day of 2004. Signed, sealed and delivered MORTON PLANT HOSPITAL in the presence of: ASSOCIATION, INCORPORATED WITNESS E Witness' Printed Signature i-PB auc res??, 4n. (corporate seal) Witness' Printed Signature STATE OF FLORIDA 5S COUNTY OF PINELLAS BEFORE ME, the undersigned authority, personally appeared Phillip K. Beauchamp, as President of Morton Plant Hospital Association, Inc., who executed the foregoing instrument and acknowledged before me that he is duly authorized and did execute the same on behalf of said corporation as.his free act and deed for the uses and pur es her ' t forth. Slynature of persoro ??gl dgm t N, too. ? • oCn •!, ,6 . r , TypelprintlstamLs am ° f ackn"$d ?r ?... . C sonally Krtgyo- ;ECC? asso :,7z C J Produced Ide ..As.; :••??,??.?' Type of Identii'icati EXHIBIT "A"! This is not a survey P. 0. B. S89'04'35"E - . :. ., .. .. ..-___.__..._..__.__ z 392.00' ? • . .._._-----._.__...._?-.__ ° - - ?J L9 C5 - O O 20.00' O (A 3 zc- ::D435-V'1--- •?... j 1 40;b0' -` `J ?'^ i?-,'','_ ^ ? ..... ?.1 ? , [mil i ?j i• } ;'? O ..._ ! ' N89104'35"W. . ..-_r_.-......?. _... x._. 272.00' T p ? f fir i LY u .1- CITY OF CLEARWATER. FLORIDA r s PUBLIC WORKS ADMINISTRATION - - - - ?TEtt ? ??,,?' C:fVCi1tIC;rvttliY[i Work session Item #; Clearwater City' 7?k: t Commission Final Agenda Item # Agenda Cover Meeting Date: 12/13/01 Memorandum SUBJECT/RECOMMENDATION: Award a contract for the construction of the "Town Pond Rehabilitation Project" (98-0116-EN) to Caladesi Construction Company of Largo, Florida, for the sum of $2,861,879.23 which is the lowest responsible bid received in accordance with the plans and specifications and; approve a work order to Camp, Dresser & McKee, Inc. of Tampa, Florida, Engineer of Record (EOR) to provide construction administration services for the sum of $220,475.00 and; approve a work order to Post, Buckley, Schuh & Jernigan, Inc. of Tampa, Florida, EOR, to provide construction engineering and inspection services for the sum of $149,742.32 and; approve an increase -to the existing work order with Camp Dresser & McKee by $45,350.00 for additional design services for a total contract of $612,429.00; for a total project cost of $3,277,446.55, o and that the appropriate officials be authorized to execute same. SUMMARY: The City Commission approved a work order to Camp Dresser & McKee for the design of the Town Pond Rehabilitation Project in December of 1998. Additional survey work in the amount of $12,800 was approved by the City Manager on June 27, 2001. Additional design services in the amount of $45,350, which include enhancements to the alum facility, increase the final work order amount to $612,429. • The project is for the construction of a four acre stormwater treatment pond and park amenity in downtown Clearwater that will serve to reduce existing flooding problems and provide stormwater. treatment to protect the water quality of Clearwater Harbor. • The project will promote the 146 acre Downtown Stormwater Service District within which development and, or redevelopment projects can make a payment in-lieu-of for City and State stormwater treatment requirements. These costs were included in the FY2001 Stormwater Utility rate study update. The rate study update recommended interim financing in anticipation of the issuance of Stormwater Utility Revenue Bonds in FY2002. Resolution 01-21 was passed on November 15, 2001; establishing the City's intent to reimburse certain project costs incurred with future tax-exempt financing. The projects identified with 2002 revenue bonds as a funding source were included in the. project list associated with Resolution 01- 21. Reviewed by: Legal info 5rvc Budget (y? Public Works Purchasing DC.WACM . Risk Mgmt NIA Other- Fina Submitted by: City Manager A 41 Originating Dept: r NIA PW Administration (T. Flinch) User Dept. -7 fj Public Works Administration t1A Attachments 121 None Costs Total $3,521,965.30 Funding Source: Current FY X Cl X OP Other Appropriation Codes: 375-96125-563700-539-000 5 5001000.00 375-96125-561200-539-000 $ 45,350.00 Printmi nn rarurle d nannr 377-96125-561200-539-000 $ 370,217.32 377-96125-563700-539-000 $2,606,397.90 _ Tnwn Pnnr1 f nnc4...rllnn 171nt CITY OF CLEARWATER ENGINEERING DEPARTMENT CDM WORK ORDER INITIATION FORM DATE: November 5, 2001 City Project Noap L- 11 16 0 1 CDArl Client No. 6349- 1 ." PROJECT TITLE: Town Pond Rehabilitation Project Limited Construction Management Services' j 2. SCOPE OF SERVICES: GENERAL . t The City of Clearwater desires to retain ENGINEER, Camp Dresser & McKee (CDM) under' its Engineer of Record contract with the City to provide limited construction management services during implementation of the project during 2002. CDM will retain the services of our sub-consultant Phil Graham and Company (PGC) to provide construction consultation regarding the landscape architecture design performed by 'their firma ' ENGINEER understands the City will contract for full construction management responsibilities with another engineering firm (Construction Manager) and that.the Construction Manager will provide a written certification statement that the project was constructed in accordance with the plans and specifications, The ENGINEER will provide limited construction phase services based on an 11-month construction time frame to project completion. The ENGINEER'S limited construction management responsibilities will include those services generally described below and as further described in Attachment No. 1: TASK 1- Conduct a pre-bid conference TASK 2 - Prepare one addendum to clarify bidders questions during the bidding period. Bid tabulation will be performed by the City. TASK 3 - Attend a pre-construction conference with the Construction Manager present. TASK 4 -- A. Sufficient field observation time of one (1) site observation per week has been budgeted to permit the ENGINEER to certify the completion of construction to the permitting,agencies. B. Progress visits from each special technical discipline such as electrical, plumbing, HVAC, structural, and architectural will be conducted twice prior to Substantial Completion. TASK 5 - Respond to as needed questions from the Construction Manager to issue necessary routine clarifications, evaluation for'material substitutions and interpretations of the Contract Documents. This construction management arrangement preferred by the City requires the ENGINEER to respond to routine project construction questions CDM Camp Dresser & AlcKcc Inc. 1 s.ZLW ATEROO t oaa.Uoc . 1 . from the Construction Manager on a day-to-day basis. The City's Project Manager will forward questions from the Construction Manager to CDlvi. City requested written clarification to a question, will be documented in written form that can serve to account for these costs. Ninety-six (96), two per week, are budgeted for this project. Only the number of written clarifications will be invoiced. 'TASK G - Respond to contractor Requests For Information (RFI's). Twenty-five (25) BFI's are budgeted for this project. TASK 7 - Review technical submittals (shop drawings) from the contractor. Seventy,(70) shop drawings are budgeted for this project. Re-submittals of rejected shop drawings will be counted within the 70 shop-drawing budget for this task. TASK 8 - Attend monthly progress meetings (11) over the duration of the project. After attendance at the monthly progress meetings, a site visit will be conducted to review general conformance with the plans and specifications. TASK 9 - Attend a Substantial Completion site visit to assist the Construction Management firm in determining that the project is Substantially Complete. Subsequently attend a Final Completion site visit to assist the Construction Management firm in determining that the project is complete. TASK 10 - Prepare record drawings from, as-built drawings prepared by the contractor and Constriction Manager in both paper and digital format. Preparation of record drawings will be based on ENGINEER's review of marked-up' record documents (including Plans, Shop Drawings, Samples and other data approved), which.are to be assembled by the contractor in accordance with the Contract Documents. TASK 11- Provide project certifications to permitting agencies based on a written statement of construction compliance with the plans and specifications from the Construction Manager, as-constructed information provided by the contractor and field observations. TASK 12 - CDM will attend up to four (4) follow-up vendor-conducted meetings for the purpose of inspecting the operation of the chemical treatment system. These meetings'' will be conducted within one year of final completion of the project. TASK 13 - Expenses will be invoiced monthly as incurred toward the not to exceed total expense budget of $11,075. SUB CONSULTANT ¦ CDM wi11 retain the services of our subconsultant Phil Graham and'Company (POC) to provide construction consultation regarding the landscape architecture design performed by their firm. Fees for their services are included in the above tasks and will be limited to the following. CDM Camp L' res er & McKee 1«c. 2 SACLW ATEM010W.doe < ¦ Attend a pre-bid conference and prepare one addendum to clarify bidders questions during the bidding period. a Attend a pre-constriction conference. ¦ Attend six (G) progress meetings over the duration of the protect. ¦ , Respond to contractor, Requests For Information (RFIs). Five (5) landscaping RFIs are anticipated for this project. ¦ Review technical submittals (shop drawings) from the contractor. Eight (S) landscaping related shop drawings are, anticipated for this project. Resubmittals of. rejected shop drawings will be counted within the 8-shop drawings budget for this . task. ¦ Attend a pre-Substantial Completion site visit and prepare an inspection report. ' Attend a Substantial Completion site visit and prepare an inspection report to'assist the Construction Manac:'r and the City in determining that the project is Substantially Complete. ¦ Attend a Final Completion site visit and prepare an inspection report. 3. PROJECT GOALS: ' Completed construction project with acceptance from the City and submittal of project certifications to the'applicable environmental permitting agencies. Provide the City with a separate set of bidding contract documents for aquatic plantings. 4. BUDGET: Engineering Labor Limited Constr. Manage'. Services $ 197,519 Sub consultant (PGQ $ 11,881 Expenses 11,075 rotal Engineering Budget: $ 220,475 A cost breakdown table is attached showing costs per deliverable. 5. SCHEDULE: I• Service will commence immediately upon authorization from the City. Construction management services are anticipated to start in October 2001 with bidding services and' continue into 2002 with limited construction management services until project completion in November 2002. Following completion of the project, CDM will provide ' project certifications. TASK 12 will continue for one year beyond final completion of the project. C DM C?IT)p DTrurr & MCKCL Iitc. 3 S.ICLWATCIM01080.doc r i g x r Q K 4 ti N N M M N M N N w N M N N N M 5 S h w1 Oq 8 y Cy 9y ! fv ?} O AS NM „ w M M M w M w M M N M r N Cf 12 N F N A y s n AE N:iu a O M x a . n a U N ri a ° r ° OO a a 4n y, 4 ,? J4 A b n p Yj w n Vf y N n w °? ti ? O in lip Y C w N u N {{yy jul N n ? p ti w ?? ? nT n Tnr ° O n!1 nn ry M ? Qu ° O p 111 f, T w ?n Op F N e" u N Q 1 ?x e a $ sS ? R ?r '' nY oa w? °o vvT vvv v 00 0 0 ?r nR o w ? Y a° i i . nn iris Nr- 9 a "8 n p N a •, , p ,w n vo w w?q °n ?j??o?nnti r j °o e a nr ?w w o n" i x ? ? r ep C a? nnn nnn o `jg ? N R °M1tYNO° A 4} fi fi s IT ' e i4 yGGG 1 } ( t R Y r j AT'T'ACHMENT 1 CITY OF CLEARWATER, FLORIDA TOWN POND REHABILITATION PROJECT SCOPE OF SERVICES FOR LIhIITED SERVICES DURING CONSTRUCTION 1. Prebid Conference ENGINEER will conduct a Pre-bid Conference, which will be advertised by ,the City. ENGINEER `s- construction service representative and -an engineer will attend the conference. ENGINEER will not prepare minutes from the conference. . 2: Addendum ENGINEER will prepare Addenda required for the bidding process. CDM will provide an original copy of the addenda to the City, for copies and distribution. One (1) addendum is anticipated for this project. Additional Addendum will be considered as additional services. ' 3. Preconstruction Conference ENGINEER will'attend a Pre-construction Conference, which will be coordinated by the City. ENGINEEM) construction service representative and an engineer will attend the conference. 4. Visits to Site and Observation of Construction ENGINEER will make visits to the site at intervals appropriate to the various stages of construction, as ENGINEER deems necessary to observe the progress and quality of the various aspects of the contractor's work to perrnit the design engineer to provide the required professional engineering certification to the permitting agencies. 5. Clarifications and Interpretations ENGINEER will issue necessary written routine clarifications, evaluation for material substitutions and interpretations of the Contract Documents as appropriate to the orderly completion of the work. Such written clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract-Documents. The anticipated duration for this service is eleven ' (11) months with two (2) clarifications per week budgeted. Additional clarifications and interpretations that occur beyond this duration or number shall ' . be considered as additional services. CDM Camp Dresser & McKee lite. DAdaarwaterUownpond%FMw15copasl0052001 %Wl075hmitotlWnsk.doc 6. Requests for Information (RFI) In addition to the. routine clarifications and/or interpretations to be issued by ENGINEER, the ENGINEER will also issue responses to RFIs. during the project. Twenty (25) RFIs are budgeted for this project. 'Additional RFIs. will be considered as additional services. 7. Shop Drawings ENGINEER will review and approve (or take other appropriate action in respect of) Shop Drawings and Samples and other data which the contractor is required to submit, but only for conformance with the information given in the Contract Docu ' ents and compatibility with. the design concept of the completed project as a functioning whole as indicated in the Contract Documents. Such reviews rind approvals or ether action will not extend to means, methods, techniques,' sequences or procedures of constriction or to safety precautions and programs incident thereto. Seventy (70) individual shop drawings are budgeted for this . project. Several individual shop drawings may be included in composite technical submittals from the contractor and shall count per each toward the budgeted total.. A shop drawing resubmittal shall be included as one (1) each shop drawing, and not part of the original shop drawing submittal. Additional shop drawings will be considered as additional services. ' 8. Progress Meetings ENGINEER will attend monthly progress meetings. ENGINEER's construction service representative and an engineer will attend the meetings. ENGINEER will not prepare minutes of the meetings. Eleven (11) progress meetings are anticipated for this project based on the planned duration of the construction project., Attendance at additional progress meetings will be considered as . additional services. 9. Substantial and Final Completion Following notice from the contractor that the contractor considers the entire al ' work ready for its intended use, ENGINEER will attend a Substanti Completion inspection with the City and the Construction Manager to assist in determining if the work is substantially complete. One (1) each substantial completion inspection is anticipated for the project. Additional substantial completion inspections will be considered as additional services. If after ' considering any objections of the City, ENGINEER considers as the work r substantially complete, ENGINEER will provide a tentative punch-list of items to be corrected or completed to'the City. ENGINEER will not issue a Certificate of' Substantial Completion. Following completion of the punch-list, ENGINEER will attend a Final Completion inspection to assist- in determining the project construction is complete. , I(3. Record Drawings ENGINEER understands the City will contract for full construction management responsibilities with another engineering firm (Construction h4anager) and that CDM camp oicsscr & McKee Inc. D. W6wwaIeedo*rpmdl kmIscopea10052001UbO10751or,iIWpartaikdoc k .1 .f after completion of construction the Construction' Manager will provide a written certification statement that the project was constructed in accordance with the . plans and specifications. The ENGINEER will provide limited construction phase services based on an 11-month construction time frame to project completion. ENGINEER will prepare Record Drawings from, as-built drawings prepared by the contractor and the Construction Manager in both paper and digital format. Preparation of Record Drawings will be based on ENGINEER's review of marked-up record documents (including Plans, Shop Drawings, Samples and other data approved), which are to be assembled by the contractor in accordance with the Contract Documents. Professional Engineering certification will be based on information provided by the Construction Manager firm who has certified the project was constructed in accordance with the plans and specifications. 11. Project certifications Provide project certifications to permitting agencies .based on a written statement of construction compliance . with the plans and 'specifications from the Construction Manager, as-constructed information provided by the contractor and field observations. Limitation of Responsibilities ENGINEER will not be responsible for the acts or omissions of any contractor, or of any other person or organization performhig or furnishing any of the. work., ENGINEER will not be responsible for the contractor's failure to perform or furnish the work in accordance with the Contract Documents. Additional services requiring authorization from the City: x Bid tabulation and recommendation 'of award. w Notice of Award, ¦ Scheduling/ performing construction, or testing. v Land surveying services. Assistance as an expert witness in any litigation arising from the development or construction of the project. w Attendance at arbitration hearings or any hearings before various approving or regulatory agencies. w Review of Value Engineering proposals. ¦ Observe performance tests required by the Technical Specifications. w Review of testing reports, m Extra travel beyond the local travel that is normally required to observe the work. a Inspection responsibilities, w Field orders, work change directives, or change orders. w . Review of the contractor's schedule. m Additional field services beyond the 11-month anticipated project duration caused by contractor failure to complete project on schedule. .; I)M LnlllP ?[CS4Cf & McKee ?I1C• p.kleenvalerl?nwry?arWlFkwlstnpu100510014b0iDl5lmitudpertaak 0= 7} CITY OF CLEARWATER TOWN POND REgABILITATTON - CONSTRUCTION ' ENGINEERING & INSPECTION (CE&I) REVISED PBS&J WORK ORDER INITIATION FORM . . Date: October 17, 2001 PBS&J Project No. City Project No. TP- 1 1 16 0 1 .I. PROJECT TITLE: Town Pond Rehabilitation -- Construction Engineering and Inspection Services (CEI) 2. PROJECT INFORMATTON: The City of Clearwater Town Pond Project is part of a site beautification venture that includes' significant environmental features by. the 'City Environmental department. Park Street, Prospect Avenue, Haven Street and Ewing Avenue in Downtown Clearwater bound the project. The project will include demolition of the existing buildings, removal of potential contaminated soil and excavation of significant quantities of soil. The new Town Pond will include floating fountains, paved sidewalks, scenic overlooks and cascading water fountains. Concrete pond hoppers with G" PVC sludge pump suction lines leading to a sludge pump vault will be'located under the water surface. The project is expected to require I I months for completion with an anticipated start date of January 15th, 2002. 3. SCOPE OF WORK: a, Management En gingering Services PBS&J shall provide all of the management engineering services required to .assure that the activities of all parties involved in completion of the project are properly coordinated, and that all work shall be carried out in accordance with standard the City of Clearwater procedures. The following shall be performed as part of our engineering management services. + Schedule and conduct the pre-construction conference and distribute minutes. *''Maintain complete and accurate project records of all activities relating to the,project. + Analyze the contractor's schedule and make recommendations to the City of Clearwater regarding its acceptability. PW 10 6y 1 FVcommon/108081wrordl1ownpond work order,doc Page 1 of4 • Prepare a monthly status progress report. • Maintain a, log of all materials incorporated into the work. • Maintain records of all sampling and testing and determine acceptability of materials and completed work. • Meet with the construction contractor on a bi-weekly basis far project coordination and resolution. Review the contractor's weekly near- term schedule. „ • Review the contractor's monthly estimate and monthly as-built plans. ' • Provide to the contractor interpretation of the project documents. • Analyze the problems that arise on the project and proposals submitted by the contractor and submit recommendations to the City's project ' manager. • Analyze changes to the plan and specifications and make ' recommendations to the City 'of Clearwater when it appears that such . changes are necessary to complete the work. • . Negotiate prices with the contractor and prepare change orders. • Maintain' records of the contractor's labor and equipment usage when the claims or changed conditions will involve additional compensation. 'E • Ensure that the contractor incorporate appropriate erosion and sedimentation control is employed. • F Incorporate erosion and sedimentation control with daily inspection reports. • Ensure that the contractor adequately manage stormwater to minimize impacts to adjacent businesses. • Ensure that any dewatering activities address pollutant removal prior to discharge. . e Analyze claims submitted 'by the contractor and . make recommendations to the City of Clearwater as to the reasonableness of the charge. • Review record drawings. FJcomrnoW 1 Q648/worrltownpond work order.doc ' rd$e 2 ora • Monitor the project activities for compliance with permits. • Analyze changes to the work and review contractor's cost estimates. b. CE&I Services Based in our review of the project plans, the scope of work for the Construction. Engineering and Inspection (CEI) services will require: 1. Provide a Senior Inspector to monitor, inspect, photograph and document the daily construction activities of the contractor. PBS&J's inspector's primary goal would be to represent the City of Clearwater by confirming and documenting construction compliance with the approved plans and specifications. Upon request, PBS&J would have the additional responsibility of. service as project liaison to the local business owners, as well as, facilitate schedulAd community meetings to inform the public of future construction activities. 2. Provide a Senior Project Manager for project coordination and management during the pre-construction meeting and throughout the project duration, 3. Provide the City of Clearwater with summaries of project performance with a review and approval of the contractors pay requests, ' .4. BUDGET:. A maximum fee of $149,742.32 has been estimated for this assignment. 5. S?CPIEDULE: Completion is expected within 365 days after the notice to proceed begins. . 6. PBS&J STAFF ASSIGNMENTS: Ben W. Doan, P.E. (813) 282-7275 ext. 492 3 (813) 267-1573 (cell) Joseph Alexander (813) 282-7275 ext. 254 (813) 267-0457 (cell) ' 7. CORRESPONDENCE/ REPORTING PROCEDURES: All correspondence and reports shall be sent to Gary Johnson and Terry Finch of the City of Clearwater. Fdcommonl108081word/townpond wodc order.doo PeRe ] oN I ! ? 1 F §E ?O -, a bx . s $u IMP S b g ? 0 M Y r N D U D r c ' e e c ? ? o. Ly 4sa H GS H A COO . Q M N W N ? rte. r i- tiLi M G V c N L) I O ti +" c N R M m C B r. C2 CO CL 1 m .r r r ? w L E Z C Z 0 0 o V U a F- r ? f, 2 w E tm d '? . LO E C a U in • Clearwater City Commission worksessi°" Rein #' fYl ` , Agenda Cover Memorandum Final Agenda Item # Meeting Date: _ l a - I - of SUBJECT/RECOMMENDATION: Pass Ordinance 6927-02 on First Reading amending provisions regarding the Community Relations .Board. ? and that the appropriate offlclais be authorized to execute same. SUMMARY: Due to the transfer of the external case processing program from the City of Clearwater to Pinellas County as of October 1, 1999, the focus of the Community Relations Board has shifted to more community-based, rather than enforcement-based activities. 4 Case processing requirements previously necessitated a 13 member board made up of citizens representing various industries and occupations. The proposed amendments reduce the number of board members to S Clearwater residents representing various diverse backgrounds, and one non-voting representative from the Police Departient. The powers and duties of the Community Relations Board shall be to develop/implement programs and materials, and the fostering of mutually beneficial relationships, through the Human Relations Department, in order to facilitate the reduction of prejudice and tension in relation to all matters involving race,. creed, color, sex, national origin, age, disability or marital status and disorder occasioned thereby., Reviewed by Originating Dept.: Q? Costs Human Relations Legal A Info 5rvc NA Total N/A Budget NA Public Works user Dept.: Funding Source: Purchasing NA DCM/ACM Current FY CI Risk Mgmt NA Other A Attachments OP Ord: 6927-02 Othe r Submitted by: City Manager None AnDronriation Code: Printed on reeveled caner ORDINANCE NO. 6927--02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO THE' COMMUNITY RELATIONS BOARD; AMENDING SECTION' 2.'121 TO REDUCE THE NUMBER OF MEMBERS TO FIVE; PROVIDING FOR A NON-VOTING MEMBER TO REPRESENT THE CLEARWATER POLICE DEPARTMENT; AMENDING SECTION 2.123 TO REDUCE THE NUMBER. OF MEMBERS REQUIRED FOR A QUORUM; AMENDING, SECTION 2.124 TO REPLACE THE TERM "HANDICAP" WITH THE TERM "DISABILITY"; PROVIDING THAT RECOMMENDATIONS BY THE BOARD ARE SUBJECT TO APPROVAL BY THE CITY MANAGER; AMENDING SECTION 2.125 REGARDING THE POWERS AND DUTIES OF THE BOARD; PROVIDING AN EFFECTIVE DATE. WHEREAS, due to the transfer of the external case processing program from the City of Clearwater to Pinellas County-as of October 1, 1999, the focus of the Community Relations Board has shifted to more community-based, rater than enforcement-based activities; and WHEREAS, case processing requirements previously necessitated a thirteen (13) member board made up of citizens representing various industries and occupations; and WHEREAS, the proposed amendments reduce the number of board members to five (5) Clearwater residents representing various diverse backgrounds, and one non- voting representative from the Police Department; now, therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLE.ARWATER,. FLORIDA: Section 1. Sections 2.121 through 2.125, Code of Ordinances, are amended to read as follows: Sec. 2.121. Creation; composition. (1) The community relations board is hereby created and shall be composed of five 5 43 citizens of the city and4he-secs , appointed by the city commission to serve for terms of four years, staggered such that not more than two feur terms shall expire in any calendar year. These-members-appointed fear utside-t#?e-serpar e4mits-44he ems; -wh!G"hall-net-be-mare-than-two4"umber-rr hall-be-shGsen-fFerii-the-area-af-the 6oL.in"er-whio44he-aity-bias4urisdistian-by-sontfast-, In addition to minority representation on such board, the board shall have one non-voting member representing the Clearwater Police Department and shall be chosen to ensure Ordinance No. 6927 -02 •r r? 4 representation for varying diverse ages, races enders reli ions backgrounds, etc, be shase+?-te-e+Isere-repfese??tatie?-€e?all"ages; ?ses;?eligieus-beliefs-aAd-seR?ttieps-of empleyment--T ereshall-be-ei44he-boaFd-at-a"mes-at-Leask-eye- epresentaftue-#r?am each Gf-the-€ollewwng-#ield. ew.,handWn.; ?afiagemeP:,.4sdusWal-maAagemet;t; real ?est.ate.-sales;-prepep}-leasing mergage-€ ansiflg-aRd-taw-enfe cement RrmpeFty leasing-shall;Rslude`-managing4eptal-e# apaftment&rmebile-home-pad4-let leasing-aRd . R4etel-masagement. (2) Members' terms shall be set up on an overlapping basis and members may not be appointed to serve more than two consecutive terms. Vacancies shall be filled in the same manner as the original appointrridnts, Each member shall serve without compensation and may be removed without cause by the city commission at any time. Members of the community relations board shall appoint a chairperson and vice- chairperson secretaFy and the board may promulgate rules and regulations for the conduct of its meetings and affairs. Sec. 2.122. Officers. (1) The chairperson of the community relations board serves for a term of two years and has the following duties: (a) Call board meetings and set the agenda for the same; (b) Preside at board meetings; (c) Appoint one or mare panels of not less than three board members to exercise board powers, as provided in section 2.125; (d) Appoint and define the role of such committees as are necessary or expedient to advise the board or its director; (e) Perform such other functions as the board may assign by rule or order, (2) The vice-chairperson serves for a term of two years, the term to run concurrently with that of the chairperson, The vice-chairperson performs the duties of the chairperson in the chairperson's absence and performs other such'duties as the chairperson may assign. (3) if a vacancy occurs in the office of chairperson, the vice- chairperson shall become the chairperson for the unexpired term of the chairperson. If a vacancy occurs in the office of vice-chairperson, the board will select another member to fill the unexpired term of the vice- chairperson. Sec. 2.123. Meetings. Ordinance No, 6927 -02 (1) The community relations board shall be required to hold at least four meetings each year and may meet more frequently. Notice of the time and place of the meeting shall be given to all board members and all parties scheduled to be heard, and shall be made public. The chairperson may call an unscheduled meeting, and meetings may also be-called by written notice signed by three members of the board. All meetings shall be public. The city manager shall provide such staff as may reasonably be required in his discretion to assist the board in the performance of its duties. The city manager shall provide a regular meeting place for the board. (2) A ma'ori of the active members or riot less than three Seven members of the board shall constitute a quorum for the conduct of board business. A majority of the members of a panel or committee shall constitute a quorum for the conduct of business assigned to a panel or committee. In the presence of a quorum, board or panel business shall be conducted by a majority vote. Sec.' 2..124.Objectives. (1). The objectives of the community relations board shall be to: (a) Promote and encourage fair treatment and equal opportunity for all persons regardless of race, creed, color, sex, national origin, age, disabili ha-nd!Gap, or marital status, and mutual understanding and respect among members of all economic, social, racial, religious, and ethnic groups and shall endeavor to eliminate discrimination against and antagonism.betwee'n religious, racial and ethnic groups and their members; (b) Cooperate with governmental and nongovernmental agencies and organizations having like or kindred functions; (c) Make such investigations and studies in the field of human relations as in the judgment of the board will aid in effectuating its general purposes; (d) Assist various groups and agencies of the community to cooperate in educational programs and campaigns devoted to the elimination of group prejudices, racial tension, intolerance, disrespect for diversity; or discrimination; (e) Aid in permitting the city to benefit from the fullest, realization of its human resources; and (f) Recommend that the city accept grants and contracts from foundations and other sources for the purpose of carrying out the above- listed functions, subject to the approval of the city manager sommissisn. (2) The objectives set forth in subsection (1) of this section are not to be construed as duties and the board shall have the discretion to determine when each- objective is implemented. Ordinance No, 6927 -02 Sec. 2,125. Powers and duties. The powers and duties of the community relations board shall be to: (1) Develop and implement ro rams/materials and the fosteHng of mutually beneficial relationships, through the Human Relations Department, in order to facilitate the reduction of prejudice and tension in relation to all matters involving race creed color, sex, national origin, disability, or marital status and disorder occasioned thereby. ar;tkjate Gem{?!a' int-s use;-thFeugh- s . , of?CCe-e€?er?mu?'?;?e;atisaa;-??vest+gati$r?s-a? . ensiei?-or?rej #isin *e1a9Gn4 -all-matters-inva rase, zr-eesl-,GeIGr se atiGnal=er g+ age, 44andisap a ad er e -essasie?ed-thefeb ; i sriiAaea-ag a iast-auy?erssn*-gr?seai?atierar ens: seFParatier w#? s;-ass'ssiatiens•-Gr-?efpefati (2) Propose reasonable rules and regulations as are necessary to effectuate the policies,of this chapter. Such rules and regulations shall become effective upon approval by the city commission. Section 2. This ordinance shall take effect 'immediately upon adoption. PASSED ON FIRST•READING PASSED ON SECOND AND FINAL READING AND ADOPTED Brian'.!. Aungst,'Mayor-Commissioner Appr ed as to form: Attest: Pamela K. Akin, City Attorney Cynthia-E. Goudeau, City Clerk Ordinance No. 6927 -02 StWar ? a r? Cleat-water City Corntnission Agenda Cover Metnoranduril Worksession Item #;? Final Agenda Item # r? . SUBJECURECOMMENDATION: Meeting Date: 12113101 Award a contract to lease 750 personal computers for 3 years from Dell Computers, lnc., Round Rock, TX, for an amount not to exceed $1,215,000, in accordance with the terms of State Contract #250-010-99-1; - and that the appropriate officials be authorized to execute same. SUMMARY: Dell Computers, Inc. is the provider of the City's current standard desktop, laptop and,server hardware. • The City's current inventory of desktop computers has a significant proportion of PC's older than 5 years (Pentium 90's& 100'x). The age of this network equipment is preventing the implementation of some networked systems across the enterprise, and lends itself to lessthan optimal security. • In previous years, computers were upgraded at the discretion of individual departments as budgets have allowed. The number of units upgraded or replaced annually has varied from 80 to 120 in any given year, This lack of structured asset management has resulted in some departments receiving 2 or 3 upgrades(replacements of machines, while other departments have gone with no upgrades for nearly & years This lease agreement will centralize the management of all computer assets within the IT department and ensure that all departments maintain minimum hardware standards while fixing the annual cost of PC hardware across the enterprise. • This project will also re<x.+lt in, improved network administration and security by standardizing the desktop operating system throughout the enterprise, and will permit all users to make use of the City's document imaging and GISsystems • The lease agreement will be for a 3-year term for 750 desktop and laptop computers, and will facilitate upgrading the City's PC inventory and standardization on Microsoft Windows 2000 operating platform. • Terms of the lease provide for installation of approximately 250 units over each of the next 3 years, and then rotating 250 machines each year thereafter. Annual operating costs for the lease will not exceed $135,000 the first year, $270,000 the second year and $405,000 the third year, Once all machines are In rotation (year 3 and beyond), annual lease costs will not exceed $405,000,. • tease terms will also include all shipping costs (delivery and return), image preparation by Dell, and latest technology as available within our configuration pricing limits • The actual total amount of leased equipment in any one year will not to exceed $405,000, and is budgeted in capital project 315- 94812. • The annual operating costs of $135,000 for fiscal 2001102 for the lease are budgeted in the Information Technology Department's annual operating budget and have been prorated to all departments and funds based upon their respective personal computer countsthrough the Administrative Services Fund charge back for Information Technology services Reviewed by. Originating Dept: Costs Legal t (?' info Srvc information Technology Total $ 1,215,000 Budget Public Works NIA User De Funding Source: Purchasing DCMlAGM information hnai y Current FY $ 135,000 Clp X Risk Mgmt NIA Other /A Attachments: o OP I L? Finance i_4T 11, Lease Agreement Other Submitted by*. 0 315.94812.5xxxxx-513»000 City Manager U 4" None 555.09862.5713001572300-xxx-400 Rrlnted cn rocycled paper Rev. 3198 4f AIASI'Llt Ltplll'AILN'l LEAS1 IIIIJI CIIASF AGRITMINF 'Ili% M.00 1:11Mpntemt 1XIhOl'urchase Agrccmeal dated m of and entered Into [.lurid hell Marketing, L.I'., ils succcs.urs and assigtls ("lx5vnf"), sad SIIIrIpI CMWC, it boil) culpurltC Will Iinlilic Cxi5lirag under 1110 lass tit' lite StaW of notion ("LCasCC") 1. ('yereralrul, I.Cwt: agrees to beau frnlu Lcssur cenain "Equipment" Js described ill ac h ligilipllcnt Schedule (l:ehrhrt A), %hich Iog011;Cr with a Itrntal Payment SCh0dul4 F.Otihtt rl•l) CM1l 111u1C 'a "SCI1CdotC", 31111jecl lit the terms and cundn1o11s of and fin tic tlllpow-i Set 1111111 Ill each I.Cise I1rn15 of CqO i Ville BE Inlay" he added lit lllc litiuipnlcnl bi11111 lute lit little h) e\cenllnn of additional Schedules by lilt: parties Elarea and a5 1111iuwiie n4svPiltll JICICIn Vai11 Sch':la1c and rite terms and l.rovioimi% of this Agrecnle i (tthiwlt iclodes all c:,lnbils hclelu, together soh oily umeudinews and nmdlliemitias pursuant licmto) Wilch art: illcu(purateil h) wlercticu Illtu such Schedule shall constitute a' separate Pill [ndeJwndent leas;: and irt5la11htcml purchase of the Equllxaemt therein dawnbcd wad are 021CtI to heria aS a "Lease". ' 2. 'y1. '1710 "Cunto lleuecllent Dale" lire each Lease is lilt: data when interest utimmices tit accrue u11dcr such Lease sltich dale shall tee thr.cather of(t) the date on 011011 010 EtJatjnnCnl ilS1Cd In soCh Lease is uccepted by Lessee Pit Elie Illan ner desuibed in tenon I I. all (it) the d,l[C Lin ttllCll 5U1111 . CIII r11otiles t11 purchase tic ligiipinClll listed all ucll IxOSc Lily dcpusitcJ Iii Ilia% purpose with an Cscruty agent. Or (lit) 1110 date suflleiClit rlunies are set aside for noxplisilion Lit'1:aluipntcat as emloieed ill Exhibit !), it'upphcable. 'he "I.e:ISC 'That" fur Cacti IxAw nneaus the Origiaat 'fern and all Renettal TCnnS Itlcreill ,tt+t Ided anti lot this Agructum meads li1C Jteriod frtflll IliC date hetenf until this Agreellwi l s IenmillUIW 'IhC "lingiltal 701111" Inuans the I><rlud doll late Cummolicrulcot [late lift . ach'..case until tilt: end of Lessee's fiscal year of biennium (a5 lie Caw play lW) (the' FiSCaI 'eriod") ht ctliect it such Commelce111er11 I)JIC. 'The "Renewil Tulsa" our cacti Lease is each CIM having it duraliun that as Ctx:.?lelsitc wills the Fiscal Period . 3., IteIlEt•sculallnas arnd i otroants of I rss.v Lessee feprCSCn15; ?otenanls and tarrants for tilt: lococtil of Lessor oil tuts date hereof and as of Iflt Cunum0necnlent Daic ill' ach Lease Ass lillatws: (a) LeSSee is u public IxtJy corporate and polnic daily organized and visling strides the 61IStilutiun arld tufts ufthc Stale dill till putt0r and Lit ihorily uhde tile: illstitkition mad laWS.uf tilt stale "itch ills Lessee is l+xalcd 4"Slate") lit enter into this igrt•cutcnt and each Lease and lilt uansacliuns cuntcmplated hereby and to perlbrm all of it:: obligations hereunder and under each Lease; (b) Ixsvrc has (July authorized tile u%ectilioul rid delivery of' this Agreement and cacti Lease by. pnt,•x:r action of its governing body at a ne0li0ig dnJ)' called Quid held Ili atxoretaiCe wills Slaw law, or by other uppropriatu ullicial ppruval, and all requirements have been met and prrx'Cdures have oet;llrrrJ to ensure the 'utility and ctitioweabilily tit' this Agreement and each Lease; (c) Lessee silt do or cause to >L duns all things neCCSSary to prestyrr•C and keep in full hirer and clli:et its cxislcnce.as a toly corflotate and politic; (d) Lessee leas Complied loth such public Wiling requircmcnls s may ilk appllcuhle to this Agreement and cacti I Case told the ucquisition by Lessee at the :eluiputcnl us 1314,vtJC(I in Cacti Lease (e) during the Lcasc Tenn, tie i` kill ipinvol will be Ised by Lessee Solely :laid e.'elusitely hor Ills: pnuposc of pelfetnhulg essential gutcrllilental ll pruplledry titnclialts of LesSCe consistent Willi ilia liertnissiblc scul+e Of Lessee's uthulity, (1) Lessee mll annually pio%tde lessor with current Imancial statements, budgets, noot Of uJlprirpratton Ior 111c Citsuing Fiscal Period, and such ulhCr financial nlfurnatiun clatlug to the ability of Lessee to i'011g1111C CaCIT I.CJSC Pis may lie icklllesicd by Ixsso[; unit g) lxssec has all onmediatc steed tilt 1110 EtpliploVIll listed oil each Schedule unit ctpecis to ndke Inllnedlale 1150 of the IapdIIIII 111 I n10d uti cacti Schedule. a. aw anti . rhilrup_r lirurru•utaUluus. Lessee hereby represents as foflitts: la) Lite StinaICJ lotdl Costs ofthC t-tpliplltetll Ilsted in Ouch SChedulC will 1101 be less 111311 the total stinelpid pusuull ill' Ilia Itrntal payments listed in ;Lich Rental Pay'mcm Schedule; (b) tilt: :tluiphletll listed Lit cacti Schedule has been uldL!Ivd or is e:<pCetcd m tic ordered witliin 0 ninths of lac Culnllicncemciu (late, Land all Wtnotmis deposited in escrow to pay call Ills: iglupinvill, and ii14:101 earnings, will in upended Lin coSas of title I:quiluncnt and lilt! ' itt:mcing uithin 3 )c:11s of Cumumedcenle t Dale; (e) io proceeds ofany Lcasc will W uscJ it reti11h111se I.CSSev file C\Istilditutes ,Valle morel than toll days lmor to ilia Commencement Sale w. 11'vather, mare shall tit) day's prior to any utlicial action taken to evidence Lots Intel], o lillatlce, (d) Lessee has nut !rcalvd or cstabli;lied, and dues not CNix•cl to cleate or slabllsh, ally sinking hind at Similar lund (it alit is Icasunably expected cc) be used to Ilia)' ill Itrntal 1'd)mem:,,,or (it) that may be turd SuiCly 10 pleycpt d dCfallh in lite payttirnl of ht: Renud I1a)n1vills, It!) the Fguipm0111 listed in cacti Schedule has nil t,c0ll Land is not ywclyd to be sold or ulhemise d'islxrsed Lit by I Cssce, cilhct Ito shole or ill pan, pear to lie howl 11lartally of Retlat 1'a511lents. (t) Leese. wdt CoPiply twill) Lill applict,hic psut isions of ht lmternal ltcvciu0 Ctxle of it)&), its :unelided ("Code"), includinL without limilut11lll lcctiuos 103 sad lab lbeicof. and file applicable iveolations of Ilse Trcasury Depallnlenl to ilaintun the CsChlsion ofth0 tatelcst CunlpOPiCms u17RC11till Payllil'1a1S dual gross imco111C ibr lurpuscs of lWeml incuaic tamutioi; and (g) Lesser intends drat cacti LCa5v still Colstilule to IIUC" lease lilr ti:dcral incunc lay purptlws. i, i ruse of 1'nui rE tall} , (lion Ilia Cseculiuu if cacti tease, I."Sor demises, leases, lansfets, land lets 14t Lessee, and Lessee aCq!,140S, 10115, lCaSCS and 111105 frunl I.essul, AIC t1uiJ=mutt in ucculdallte %6111 llle terms Iticleof 1 he Lease TCrm Air teach Lux Ilmy lie 011111mcd, S111e1)' Lit Ilic 111111011 of I "See, at the end of IIIC tllibinal 'Perri or any Item m'd 'cans tut [lie next SnCre:ding Itelamill 'emu mill lit Ilia mamil unl I.Casc Teri sal 11101 m ual I Caw At the Cud ul'ihe f llgin,11 I'clin and ill tin: end 111 :4011 tterke55.11 Tvilri llte Lease 'visit shall Ifa atnllullallc;ll)' ctlvvhled upoll tlty Slvvvhsit: applupnauun by t.e5sce's uteillhag 11410) of utmalnt5 snllicivill lit pay 1(:111:11 Payilcills and WWI utnuun[s 165able rlde the Ir1.11ed I C:tS: during Ilse IIC\l SuccCCdutg Fasral Joel suer ullltt jilt ItClaJt I'ALIIIeitS anJbl: Wale such I ease bate bCell pJld In ]sill, ImJC55 1 C%%" vladl h,toe I:IIIIIIlilletl 5tu1t 'tau pulSUa 1t it, Kellum 7 at Sectlan 22 [he Itrln :old cuudilloln diut11g an) RVIncwul etilt 51t.d1 be the SJI11C 114 1110 10 1115 111111 ca11llll0115 d111111g 1110 Olrulla;11 TCtln, t'1Cepl 111,111114 tC111,11 11.1y11avlllb shall h0 as plt)%Illed n lite upplivallle I rase be ColSuucd lit ilnpux .it;). tibilgauot upon Lessor to ewer into any piuvowd Lcau % it hcin uodctsluod Ilia[ tthellier I.c5501 cntcls into ally propuSQrl I Case shall lie It &ViSiull SOM ttidcin Lessar'S discretion. Lem" will 0001103le t+itll LUSSar in I.C'SSlli'S iCticty ill' Lill proposed Ixase. Lessee lmdastalids that, I essar wiloires ceilahi documentation Ill. IWill mation necessary 14) 'cotter into any Luma and ! esscc ugrvoh ts. tic o% ide 1 essor with an uoCtinc hl JliJn kit ill Imillatiu II I.eS>15I'111Jy lCyur51 In Cun n04thltl %%illI I.eSHtt'S let lew it I' all proposed Lease. such doctimentaliatt may Ini1100, wtbhaut flmitatltal, dOCllnn0imutia cnnl:eruing Ilse Ftpnpmctu and its Cuntempla d rise and location and (JoCIlnClitation t int'ortlI'll mrl C0110:4111lig It IC thl:nCial status of I.CSSCe and outer 111a111CI9 Fe Iatvd to Lc5svv. '). Itental Pirvnlea s. Lessee slued plomplly paj• "Mental i'd)utt:ats" us descstbed i Exhihst A-1 to cacti Lease, esCloSivcly lion IQ311y awtolabiC 11111d5, lo Lessor on dw dale and In 'Stich atnualls as pounded in cacti Leaw lessee shall pay Lessor it rhatge oil ally Itetn: I"wilurn nut paid till the dale Such lm)neat is Mlle al Ilia late 01, 1211,; per annum tit ill mamm mn tale permitted by law, W11600 IS less, Hula such 11a1C until IWO Itrntal Pa)HIe11 cunslat O Pjilwipa and IIlivreNt pimious Ltitur• out! 1,es+ce uadealand Ind Attend ditu lit obhguallts I !f l.e$LIJ t to put' Rental Pir,vusetim Irnalt'r' Bitch Lease shall t'Unttrllrle it curler r1010110 r+f Lewe 111.1 seer!! nut err wtv wits L. e(mLtwil to he rl debt if'l.esste f tutrndvemlr,A u! Jrrt ul,Ishruhle :nuNllutuuru! (Jr' Jluhrra,rp lunituurrn w. regrurewel tvnCernilrg tht' etetrtifM 411 ttl,le'hte,hoeit Iw Lv.ue'e, slow zlurll ul(nlhurg eunt.r0se'd herein u Iota Leirse euautime rl Iihrlge rif'lht' generetl rut 1 r1`enlres, fonil+ or amnuev ref i ewe, Ili. ItF:N'r.11. I+, Ynn:N'LS'11) Ill: Icy{ rM 111 1-10V,li,. liNCI;PCAS I-ROVIDI:l IN SECTION 7, HIE OBLIGATIONS 01' LESS1:1: TO AIAKE itEN'fAI. PAYMENT, AND Ri !'E IMORit1 AND OBSERVE TM:OTIllitt CONIMANTS AND At7i(I:E11ikiNT CONTAINED IN FACII LEASE SIIALI. Ill: ABS01.111 F AND I INCONUI I'IONAI. If ALL I I...N'ILLS Wlfllo(Il' ABAFFNIENT, UIMIN1111ON, E)ka111C IIOtJ, Sk i'•(1FF Ot UIiFENSF. FOR ANN' REASON, INCLIII)IN(i "1111100T LINJIFA'IION ANN' FAR-Ultl OF 'I'II[: liQUl1'AfIiNT '[u Ill'. UIiLIVEftld) Olt INS'J'ALLIP, ANN' DEFECT: AIALFIINCI IONS, BRl'AKDOWNS Olt INFIRIIIfI IFS IN '1111: litA)II'AIIXI' ()It AN' 'ACCIDENT, CONDEMNATION Olt UNFORESEEN CIRCUNISTANCI:S. 11: 3 v nst t a w .leer dlu lessee shall utdrt tW lirtuipoll cnl, rinse Ili I:quglancrit lit he dclitcred and insudl0d at Lite localiun specified lm each Lease and pay ail and all delivery anif insialLuion costs in COMIL Lion 1110rOW11. WIWI] the Etlugrnleit IISIC in tiny Ixasc has bean deliYctcd and installed, Lessee }hall immediately accept Sur Equipment and evidence said acceptance by e.vecutill(; and delivering lit lxwsr a Accepla;tce Cenificatc (EXIiibit Ill. tit Eltc Coc[lt that Lessee has nut ptovided Lessui s ith lit requisite Acceptance Cetricale tsithm thirty 130) lays slum rcccspt of the Equipilen, all Equipment shall tic decried accepted by Lessee and 1110 lease lern shall continence. I.CSSr. shall provide I.CSSCt: wills quiet 6SC and ell7oynlenl of tilt: Equipitcnl during the Lease Twill 12. 1 ucatio , limiecilun. Once installed, Liu item of die hjulpalunt sill tie aloha trom [he lucalion specified fin it in Ili- Lease lilt shish such item is fisted srthuul hmor collsCnl, shlclt colltellt sliall not too.kilreasonably ltltllllcld. I essof Shall have Ella right at a waS.uwihlc titles during Wgltldr busitress Ilonh 1st colter Into alld upon ilia prupelly of f,csse list lise purpose of inspeuIng Ilia Equillim t 1.l. ll%v: Malirtrnaoer. Ix"ve twill not install, rise, opeale or maInlain the 1:(clipnter inglioNfly, catciessly, an violation of all) appllcallle late or in a manner c'umtt3ty to tilt contemplated by the reliled Lease. Lessee Shall provide all pCrmis and liceaws, if am necessary for the installation and opeation of the hgrnplncut, lac addition, I.eseee iterees I comply in all respects smh Lill applicable lasts, regulations and itdings of any fegislams. c.+.rcutitc, administrative tit judicial-body Lessee agrees that it twill, at Lessees 11wrl Co. and expense, maintain, prvwvc and keep [lie Fquipmenl tit good repair and tiorking uido Lessee ttlll enter 1111( la maintenance cunlrata lair the Equipment that is arccplabt: to I rssur la, 'Title. Upon aCCepfance of the Equipment under a [.cast. by Lessee, title ru Ill Fquiplimit shall test w Lessee subjecl lit Lessors delits under ilia Lease, provided chat lilt strall Iheicaflet immedt:llely and llilhhlnl ally Within by I.CSSC•C trsl ul Lessor, and Lesse shall immediately surrcitJer possession if the ligoipnlult 14) Lessor, upon (a) ally Iernlihatio (11,1111t: applicable Leaw other than termination pursuant it Section 22 or (b) lire uccurrctlce c an Gwent Of De1im111. Transier of title lit Lessor pursuant k1 this Seclauh shall uCCi mrnulnalicully +tithuul the necessity ofany bill ofsalc, CrrliticnW of IitIC or other nwrimicr of cuowyamix Lessee shall, neterlhetcss, ex"Wo and deliver Lilly such imitunicals a [.rssur stay MIUCSl to esiderlce Such liunsfer. 15, See- lrIly Inlerrsi. 'I'll secure lilt! pJynlent of till uI Llss44 s obbetillons taider eau 1 case. upon lilt: cveCUUOn of such Lcasc, L"SCC (traits to I.CSSUr a securely in[ctca cwamitminy u first and exclusite lien oil at,,, 1i4111i(ts11cril applicable 111 such Lease and in a prticecds tit itfio m Lessee ugrCes to emmitc such addiliunat documells, in liar sdtlsfacloty lit hxswr, shish Lows deems necessary or uppioprimc to establish Lin Inalnlaml 115 SCCnril)• iotcrcst in the Equiptneal '(tic Equipment is stud well remain pt:ISO114 pltqulty and will rut be d4elled m be ultircd to or a pact of dic real esbmc Liu solicit it ilia be slluatvd. 10. 1 iras.'I'll wt•s,(rllit Uata•rlrl until Churer,. and utility t'harers. Libor slid keep the F41111pmen! lie. of :011 let lei, lulls and rncumbronces cu'Cpt Illow vacated Ely rav Lease 'Ile' pamvS lit this Aeicemeut Cud1C111pLl1e I11,11 Ilse I:apliplncnlsll he iSCd li; gis'rIn11C11J1 or J+hIJIrIeIJry prlllo0bC) Of 1.e55Ce and Itml Ibr 1'g1i111111Cllt will Ilicrcfur. h c\eulpt !lams all plopell) Imes 11' Ibr one, pa55w, 5moii 'It a.yuislliult Of coq htimp:nent I nete111:1455 4I4t4luli1lCd lit b0 subject tit t.i+,Jtnn, I C%%CC 51JI Jr.). when line Lill 1J\es Lill gusCcnntrrual charges LmI'll lly as5LSuM or tatted aewIs1 6I1 s11111V51IVCt to suCII Ltlalpnlea I.V4Sed 511,011 pJ)' .111 1111111)• Will 0111,1 chalL!e, mealt0d lit tilt: use and Inallneilance of Ili lia laitem Lc%see 5hJ1t,.Iw wtietl 635@% 11r eb.tli r5 'as lilt! t''' I e I-. NIAS' FR !i[;l1lE'AIE:N'f 1.IirlSlill'l)lU`I Ir1SI: A(iItFENIFNT 'tis hlasicI I:grlipnIOlt! Ixthe; I IIIcllaw ,lgm:111cltl dated It% of and VIIletell sans Ilei%NevII I)cII Alalkclinb, 1. P., iI% SI I CCUSSUrs rend Iv-Mg IIs ("Lessor„), and Sanlp) User, a body cotpotme and politic o'doing under the lams of the Shaw of U'It_t[Itlit ("Lcsuc"). I, A;rvol?jl . Lesacc aglces W leuic hom lxssor certain "h:qugnleni" ai t1q:iviilkll ill arli I:tprlpnlent Schedule (Evlnbn A), "bich logclhcr with a RCrllal I'aynleIlt tiLhedulc F%lobu A-1) consli0nc a "Schcdulc", subject it) Ilia: Jelfjn and cOnJilluus of and lilt the rlrlixises set Mills Ill ea0s Lcasc Itcros urCtlmllIOCAl nldr lie addCd tit the FtpnpmenJ lions title to llllle t+y Cterkillotl ill' uddlholml Schcilules by the parties 1letew ilnd ivi %Aiw ise 1011VI ll harem EJ:II S;11ednlc :md lire, h•rlnt alld pinvtymu+ of ilos A1rOC1nr'fit 00101 nclrides all 4:0111 s hereto, to; cihcr "till tiny nlncnJnlants Lidsl modili"Mom ptlnuaot hcrclol "filch arc imorlxlralcll by ;O'ClentC trill NuOl Si h,:jI11C shall cunsttlldo a separate nil inilvNildcrtt letlsc and 11111alhneal purchase lit' Isle 1:qulplucrd lhercin tkwittuol and we cletrcd to hecetil a-i a "I Cite" 2, ILM. 'the "Cnnlnlt 1,r•+nc1ll I),tlc" for c,I:h Lector I; the dale Mien uncleA kiounCOCCI lit acerolc under ,31161 l ease N)licit dale Shall he the Carilcl of u) tilt: date on 011c11 tilt: l:qulpmenl llsled III 5uct I c.iw Ix acceliNd by Ixiwe in the manner do;silted tit ,etlnla I I, fir fill [he dale 4111 which VillMUM 111011103 to 111130I.Iw the h[lmpment listed its uch Lcme are dCposted Im that ptlllooic '.%lilt Jn c,clow aged[, tit Wit the lase 3uJlictent names at% Set aside [ur ac(pimliun ill Pilmi lical at cvalviweJ in lixb11)Lt 1), It apiihCable Ile "l.e•aSC refill" tor CALll 1 ease In.am the ChlitInal 'refill and all Itencltal fefmS Harem nstld d will Ittr lilts Agrccawiil incam the Itmod inins Jilt dale 11Crrnf I non 065 AgtcCnlCU1 y telmillawd. 'Isle "(hlginill ICfln". Incdnt Ilia: Ilcftod Irvin Ibe Cmi n iniLl mil DaLti 1'or Itch Lease until tilt: laid lit' I CSStv'1 lwal year Or bLCUDillltt (us Ile ca%C LILLY tlef (tile `Ftxat 'en0d") Ili Ctlect al such Cunmisnct•mrill pate 'tit: "Rentmal Tenn" lilt each lease is each will slaving tt duration that is citeNICI1sI1c will the Flscat I'cril,l . J. 1 p ;Ckit;llio11r .11141 Cli omi t Of V%wv. imet: leprewrils, cuvcnarus.unu tarranlS lot Ilia benelit or Lcssur on Ills dale bCreof and Jt of lilt C'olUO10 011im Data of Lich I case as titltuw's (a) LCs"ve, 1s a public hods' cutirtl[ate. and pulltiL duly ofgamted uttcl xibillIA 011001 Ilse coustuullun and lawi'orlhe State will tilll putter arid authonty under 1hC onsituitiun and la"s.uf the state t,ltcr0 the lj:as" Is IOcalcd ("State") tit enter inlu Iles lgrermew and each Lase and the transactions Contemplated hereby and [0 perform ull'fits iktligalion•r hereunder and under each Lease, (h) Leswe has duty aufhwited tilt: execution nd delltcry of this Apeenlenl and each Lease by pur(wr action of its gntcriung body at a Ilecl1Il1; July called laid licit. n accordance "its State law, or by other appropriate OlIkIai pproval, and all requuenlents have W4:n nict and procedures have occurred to ensure tilt! :Ilidily and citurccablhty tir This Ag!Ccmen[ and each [.ease; (c) Lessee %%ill d1 fir Came to le Bone till things necessary to preserve and keep in full since and eiNct its t:xistence as a Ludy corporate and politic; (13 (.essee has cuntplIed %%lilt such public bidding requitentents ti may be tippbrable to this Agrecntcln and each Lrarc u11J f110 acquisition by Lessee of tilt; :gtiipmcnt us provided in each I ease: (e) during file Lease Tcrin, the l?quipmem will he 1t,ed by Lcssec solely and exclusively for the purpose of perfutnling essential g0;efiuucnlaf if ptoplielary fintctions of Lessee consistent Lvith Ili,: permissible scope or i.essees uIllutily, (1) Lessee rush annually provide Lessor %s th current financial Statements, budgets, Irttuf of apprirpnalion liar the Costimit Fiscal Period. Land such other linancial' information elating t0 11a ability tit' Lessee to continue each Lease as may lx: rcques[ed by Lessor; and g) 1.e55CC has alt uumediale nerd ]fir the Ftimptncn[ listed tin such Wiedlde arid L:.Npeuts it) cake inmtedrale me fir lbe Eiga111111COI I rsttd tilt each Se hedule. d. 'I' 0 1n1 1 hl ra' • Ile norme la losi% Lessee hereby rcpresents m fullutvs: (it) the Slillialed LOW costs or [tic Equipment listed in each Schedule wdl soul be less than the [11.11 iriavipal portion Of the Iteul:d Payments listed in such Itental Payment Schedule; (h) the :quipOJeut listed nl s.lch Schedule has [welt ordered or is expected to be ordered %itrjo 6 noulhs of talc Commencement Date, and all alnutinis depusilvd in escrow 11 pay flu the iquiplocrtt, and Inlcres[ eurlihigs, %'111 be expended oil costs of the Equipniclll and the inancing ttilhin 3 )cars of Commencement Date; (e) no prucet.ds to tiny Lease Hill bte used u Iem111n1Se Lessee tiff c%pendiluns made stiulc Than 60 days prior to the Commencement )MC fir, if earlier, inure than 60 days prior at any ullicial action taken to evidenc0 art invent it Ilname; (d) Lessee has not crealod or esiublished, arid dues [Jul rxpeC1 to create or slabluh, any stnkin); find or similar loos! (i) [has is wasumhly ex[wtcd if) tea used to pay he Renlal Paymcnls, pr (d) Ilim may Ile used solely Ili pret'es't It delallll in IIIe payloCot of he'Iteuial I'ayincnts; (e) the laluipmcm listed ill each Schedule has suit Well and is not XI)CCICLI 11 Ile sold or mlicrw 5c disposed of by Lessee, either in tthute or in part, prior to he last malurity fir l(0nlal payments; (t) I.CSSett Will Comply with all applieabtC prut•ISi(ons 01' It,: Internal Itevenue Code of 1986. as umcndsd ("Code"), inclUdilly Without limitation k'ctions 103 and 148 Ihetcof, and the applicable regulations of tlie''leasuy DOpartruenl to nainlaht the exclusion of ilic interest Cuinponenls 11f ROntal I'JywOnls liens gruss incOflle I'nr lurposes of fedenal income taxation; and (g) Lessee intends thal each Lease not conslitule a lisle" lease lit Wetal ilwome lax purposes. 3. 1 rate Of 1i+Lldlrfntnl. . Upon 1110 excetilion of each Lease, Lcssur d:nlises, leases, rmsicrs, land lcls to Lessee, and Lcssce acquires, Jews, leases wad hires lion l cswt, lilt: itpnpLeal in accordance tlilh the Ieruls Ihercul' 'I lie Lease Perm lilt eadi Least: may he onliuued, solely tit the Option sal, Lessee, at Ilia rod of the Original 'Penn fir Lilly Renaud rrni lilt the next Sliccredllle Rellewal''efill kill to the Illaxinlunl LCJSC TCltrl set linlh its 0ch I Cage At rte and nl'ihe t ingtilal "Perin and tit the end of each ltcnc%al 'farm the Lease 'Clso shall lie «mlunlaltcdlly exicndCd [111011 tie SL1mct:SSI%V al11)1011041lu11 Ily Lessee's ptclninb body ol'amounts. stslliCIVOt 141 pay Rental Payments and other wisoanls payable Inder (It,: Icllaed Leese dlnioe Ibe WIC\I SIICCCVditlg FiSC:d N3411d until all Itcunpl 11J)Invols •ayhlllc unddl such I case have Lcca paid tit full, unless LesseO shall have mminaled surd ,caw pwsua m to Suction 7 tit SQCllt)Lt 21 The terms and colidiliolls doling any IWICt1al ''eon 511.111 lie the sank us the Wrens and contusions during Ilia Original 'ferns, except JUL Iilc teulal llmincros shall he its ptoyldod in the applicable Lcasc. 6, t-;_uoihntaartull u(; .Cow 'I'e1'1t. l.e:,See Currently Inreods. strbjccl tit Section 7, to tnfi11uc 1111 I :use I':1n1 orrach Lease ttruugh Ilse nttgutal 'lelm and all Rene%al 'I'cons till to 1111y the It;nlal I'aymulla [hcicundcl. Lessee rcasuti.dlly helietes that lel:lty' Mailable units In an w11omlt sllitiC60111 to 111ake all Menial I'aynpenih during lhC naximoin LrasC Term it each Lease can tio, ullmiaed Lassce cuncnily intends to d0 all things I4ml*11 y within its li,mel it) obtain and lilainlaill foods 60111 ttloch the Kemal Payments Ilia) h0 made. ncludlnl; making ptt %isiou liar Such paymchls to the Cxleltl 0ecessaly in each budael hr pplopdatiua r que3t Sulnuu[t:tl and adopled in aceuulance with applicable powismas of 1st Nuiwnlistanding tie rulceornl:, the de:jsion 1vhCJhcr of quo lu budl;el ;Ind uhpwpriatc tends uI It) "lend the UpphCable SClicdtdc lirr ;ins' Renviwl Terns is "11111 talc discretion of he umerning loody or Lesser:. 7. ,Nowl01lrnLri: Iiu s. Lessee is Obligated olst)• to pay such Rental Ilipwilts tinder Lich I.Case is Inay IJwflily h0 made Ilonl Bards budgeted and appnoplialed fin that purpose. thouid I C.Swc tail to Iludges, ap llopilate of Utrc"ise nlaW atallaWe Bolds 041 pay Rental '.tyulcnlS under ;toy Lease lull(M ing Ih0 Illen c11IL•Ill Odeinal .ems or- RCoev%al Term. such .ease or I caws shall be deensed ternlinaled at Ilia end Of Ilse IhCII culrcnt (Nrgnal Term fir tcueltal 'I'erln I_essac agrees ill delrter notice Io Lessor hl sttclt Iellmisdtion at least 30 day'S itit)r Its tit: end of Ile then atonal Original Teem or Awiv%%ul ']';:tell, bill Iu11ure Iu gple Such iolice'shall not exlcnd I110 10111 toe)olhl SucII 1)f6gkil:1!'fClnl fir iZCit•,1Litl'I'CFol if any lease s Irtlllillawd III accnrdallCO %still tali S?C[i1rt, IA'S':e;' IIEIC0 Ill pcateably dcfitcr the itlllspolelt its lxssuF at Ile loCalloll(s) to he Spaeilied by LOSwl, H. ('ilyflhluA I+!_1 mlor'+ el imil Inn . '11115 AI;ICC Uen, Is nlll 11 1:0111111ilownt bj csiur It) cuter lnlo any I east' not Cutfenlly In COimViliX, and tiollnni; ti) this Abtecownt shall hC comiltied 111 illillnse Uly nblIvanrnn Ilp iot Lessot tit cltidr mio;Ili) 11loposetl Lease, it liens 1111IM51o 611 that tthellief Lessor elnCts Into 1111} pllg7411ed I ease .111a(t tie: it declshiFl snlel wilhin l.esrof's dosticlitin. I esice will toultcl:nc "till I c+sul in 1 umilt'.t seta-w 411, till ploposwd I east' I essee nadesstaodi than I C;Sin ICtllllres C1010111 dll:InnCntaliOn all tni'ulttt611Ur5 II%xi:,.sJty tit rfl4cl nllo ally I Case and i-vswe no'tces to ploviJ ! 1 eSmlr •.011 au doellowil1J11O11 tit hilillillati'lll I"piNof Islay Ictiuc.t m koolIC•Ltinil welt I.eysnr's R'Ue%K ofall Inupmed I Came Sll-,ll doe llnenlalpln MA% 11100110, ItIIIIOUI 101111.111011, dnelrlllelliatIO cunccmrng the 1:gnlRmcfll :Old ill LOnh'tnphue+l use hill luralrun lord doculm:111;tFlm I inlt'frnaliun conCellUnit Jil0 lili:nicud SWIII1 0f Lcsswc mill ottivi wallels Icluled to I osac 9. BVI)lsil_CatYlt ulal • 1 amee shall 111111111111}' Imy „Itvlll,d I'alloculs" al dt.Clilied l 1.0111111 A•I In carpi I.CJSC, extlaslVCIy 1'110111 penally tu;up.111le luuils, Ill Oil tile dAL and In mwh alllUtillts a1 plUt UICd so CJJI LCdt': I CS-IN sh.utl p.ly I.estior 11 Lhalt'e 4011 Lilly i(CIII, Pa)lncul wit pJld on the time such pla)InaL Is due ill the Luc tit' 1196 Iu1 annum fir th IllatlMIUM. tale IpLUndted !iy law, "hicheter is less, Irom such d,ue until putts 11010 i'agluCld %;tIoslsi tic plOwIpat ana i+liCicA lxutiom I.ewwor- (et,) ) ellee nssl)CV.tAfn l tend infend lhor ill r+hifgirtfrM tJlttwe rip /hit- Pcomd i'tlll+wolt+ smlkf vatil leave shioll comlirate Cs 1flriet lotpenae 1f Lellee and .+).,fll ilitt Ill Cony diet Ili' LMIiI Limo 1.) bl' it 1it-lu 1q' leiltY i rurlrrln't•prnurs of opfl' (111pirt'do/t tr+metahUnl11, Ill' 311111dfu•1• hunrifri m us• 111glel.•nhv c4imerfling tilt, (10,IM11 ui'enlrhte,Gu')r lay Let.lrt?, ffuf•.tildll un1111ing t•, Jill. tilled l4101) 11 in it rvow conifinirt' o pl. 0(40 t!"File gate/Of Ualf lCl•eNhei, f(nh(c fir OMMIL'1 0J I r1rCt. Ill. tF.NT I ' 11'\ LN' :ti TO 1 ' ONIJ 'j' 1) NAL li?(:lil'l AS PROVID11 IN SEC" ON 7, Till: (1111.1 W1 IONS nl i.I:SSIai 'I"u MAI;Ei RVISI 'AL PAYMENT. ANU'fO E'l:kf'OK l r\NI1 I1I1S1iR1'li11 IF t)'I'Hlil( ('llVliNrIN'1'S ANI) A(iRl:17i111:N'1' COrrtAINED IN 1:,\C'il I.FASIi SIIALL 111' Al1SO1.IJ1l. WIND (1NCONDIHONAL It :\l.l. tiVl:Nl'n 1\'l"rf14)ltI Al;r1"ltiE.Ii:N 1', I)IAi1Nt1TION, I)li1)Ut_110N, SIA-4)IT ill 1)!:Fl:NSIi, Fl)R ANY RL•'ASON, INCHIDINO W11II0III' LIAII I'A'1tON ANY FAILUlti OF 'fill: lir,)tJtl'MENl' 'Ill BF I 1,1VIi10:1) Olt INSI'AI. XD, ANY DGFEC'hy MAI.WNC1'ONS, HIMAKDOWNS Olt INFIRN11TIFS IN ''111i l_r;lMINI1i T Olt AN' ACCIDENT. CONDEMNATION Olt UNFORES11W CIRCUMSTANCES. 111. 1 1 t 'rt: lnVtaRat.+nt:.\ccAtimsm i.essve'311-011 older the liqu6pn)ent, Carus ill 1.quIpnlcill to he defiwied and installed al 1110 10Callwl spcCifiCd ill each I case and pay an and ull delivery and installation ends in CunncL6011 tlerC"6th. When the Equipln0111 lisle Ili sorry Lease has been delmied arid installed, Lessee shall immediately accept sac Equipment and evidence Said ueCeplalCe by L'.YeLO11111,r and delivering 110 Lessor u Acceptanwe Ccttittcat0 (l:tilnksit it). 1t Illy CVCrht thm Lessee Was )lilt provided l.essut "ilh ill requisite Acceptance (:eftllieale ttilhill Ihilly (301) days linen recelpt of the Fquipmeul Ill [?tluiprnent shall he deemed accepted by LessOC end Ill,! lease JOWL shall eunu0ence. I.essc shall provid. Lessee "fill quid use and cnjoylnenl orlhe kluipmem during the Leasc Terra 12. IM1 tom 111, 1t'c ro . (nice Installed, no dens of the EquipnlCrll will bC nu)ve tfottl the tttc ttott speOlled tilt it ill the Least: +111 0shicls wch'ilens is tilled syll!)mll l.rssor cunsanl, "hieh consent strait not pro unlcasunahly' wil11110d i.CSS01 shall llue0 Ilia ligin m a reasonable times dminb FCgular husiness hours tap eider 6110:unl upon tilt pruiterly orLesse lilt the purpose o1'inspecline ilia Equipmeul la. 11w: ailliellifio•1. 1.Cstee still out illmali, Use, operate or ItlJlutairt tile F(lUiplnel nrlpropefly, caretcssly, 4% siulatiol% tit tat) apphcatdc lmv or in u itantlicl conwary 11 lilt Contemplated by the related Lean Le'sse'e shall provide all petniiii and llCCstles, if 0n; IWLCStary for the itvlaltaliwt and GIVI ltiml Of Itte Egnrpinelit. III addition, Lessee agrees t comply in all respaiu wiilt all applicable lags, re1;ulatiu0s and rulings urany legisfutivt exccutivc, admi listrtnice tit judicial Inp•.fy. Lessee agrees Ilia( it will, at Les "S omi cut and expense, tnamlaill, plesc(ve and keep the F.Lplilplimll in girthl lgmt and wulMlIg order Lessee will elder iltlr)11 lnaan loaace contract lit Ilia I:glnplncllt that is accepiabie 111 Lessor. 14. I Ill_. llpon JeeepJatlce of Ilia Equipment under a Lease by Lessee, title to ill [;IlUipn1C111 shall VC51 111 Le,%WC subject Ili LCS-Oll'S rights larder 110 Lease, p{ovided that Jill shat[ IhCrea[4C( iuunctlialCly alld wilhool any uctitln b)' LCSsw test in Lemur. and Lease shall immediately stirtcnder [wsscWtin. of the Equil•lo:m to Lcssat, ulltm (a) ully wimmatio of the applicable Le:tu 0tl:t than lefolin:llillo Inilsn,tnl 110 Section or (b) [ilk: Imminence t an Blum ill' Detuuli. Transter (i1' tide lit Les,nr pur311Jnl to Illk Scufiun shall met. aulnmalltally %il11uul the necessuy Lai any 1111 uhsale, CCfliliCUtc Ortlllc or (other imIrinow 01 COUVC)anrC. lessee 5114111, 110e1111CIUSS, C\e,;ule Lind deliter tiny Such Insrtunicnls a Lessor may request to cvU.Im" shah Iwllsfer I5, Serorit)_ hlletest. To seeute the 11.1) maul elf till 011.CSSCL's Obligations under eae LCaSC. upon tilt: CxCt:uur)tt OI' sued !.case, Lessea grants lit Lessor a security irliefe! constitoling a first and cwlmive hen kill the I:gtlrpnlCnt applicable 110 Such Lease and loll a proceeds tbctcfrom I essee iip s I0 V\VCinC pull add1tiu1131 (JOCUOIC lIS, Us fists satlslaclury ul Lessor, "111th I cssot deems tteless:u) tit upploptiate to cstatitutl tilt nlanllum its stmilily nlloeNl Or Ilia Fipn111n:111 1 ho liquipolent is unit %IIl felmaitl Imsont property :tad %111 not Ile deemed to ba,ttatcd to tit a part (if tit. teal Calala tin %Illch it ina lid SIhlJled. 16, 1 rent Taliv% U hr Gmernnlrn a Cllal'•es rusk! 1111111). (Tint''.,, I.Cssee tha keep the Equgnnam free of all let wh, hcn5 and cacuutbianccs accept those taeated tty %:,w !.Case. 'tile psaltics Its 11111 AE.1ccolcnl Contemplate I11,11 Ibe L•galptllent "lit lie used k govetnalaltaE or 1110pJlt•I.1fy )nlipi s" 411 Lessee :end that the Fgtliptnellt will l1wrOble to exempt tionl all plopelty 6Nes It' tile use, lio5SClSterl fir a:gnisilila of an) FgtllpmCnt I neverlhelcas dcicnntued to he suhlcLl to t.10Jluul, I css:e sllall IIJ}' tthert due all 1,1tes an gltt01n111elital thalges lattfully assessed fir letred against fir Ilia wSpcu to such Egtttpnheq lessee shall pay all ldlllly tint[ utll.r Clialges Ineolied in tic use and manucnance tit' Ih lapnipnlcrd. 1.csee shall pay SUL4IJWS OF ch: IJWs as lair cant: play lxcnnle due 17. I nLtl1 •tr, IIC•t•. As lls oml expetlse, ixsS e: shall theme each I carve felon rna inta m It casualty 1n5111alscc insurni(t she 1•.11llpnsew at;,ln,sl Inns fir dJ,naf;e [ly lire and all ulller fur, Coveted by the slaud,u! c0lcndcd cuterage endors:mcnl their In use to [tie Stale and tilt u111e1 risks seasonably reghaed by' Lessor. In ;Ili apnututt tit !cast equal to tlla Ifi•:n appllcatil "Pulthase 11Itce" of the Equglinew as desctibed in V%hibil A-l nfeach Lcasc, (b) halnht nismance that 111o10CIS Lessee 0111 liability III ;ill etellh lit lbli t and alufiuul Satkfilc[uf)' t Lcssur; Cull (c) "oilers' comixasauun emcrage as required by the Uss of tile SUlts Illmided thal, with Lessors prior %ntten cmllrnl, (.CSSCe Inay hClf•IIISIIre' agalllSI till list: dCSCritlcd in ClaOScs (ti) and it)) I.;`SSCC shall litrnish Ill Lessor evidence u]'s1101 insuranco c Sell iusnr.ulce COVerage tbninghnnl each I Caw Tk lfil Lessee shall not maltmally Inodlly r Cancel such insurance of scIFimuran+wr cmelage wthool that Ititing w hicn notice tleret In Lessor at least It) Hayti in adtaIICC of such cmwellanun or mudllicalimt. All she insurance JeSL•rllxd Ill Clauses (u) and tit) abuts: shall colwliu a provision naming Lcssur is loss payee and adilitiunal insured 18. tklhal ry%, la the cteill Lessee S11,111 fall to Leep Ile F(julpllient in good lellail all working slider, Lessor Ilia)-, [lilt sh.tll be under 11o ubhganun it), 1113illhilt and 14:111111 Ill I:gilipntent and pa) the cuss Llimof All amounts sit adyanced by 1 cs Sor shall Colhllhll adilm nlal rent fur the Iben current Original refill fir Relieual Term and Lessee agrees to pat slick anluunls w athau:ad by I essot tutlt Inlarest Ihrivim from tic adtance date until p,0 Lit the rate Of 1241„ lief 01)111111109 lbe I113,61twill rate pClnillled by law. tallicheyer is less. 19, Darimul.. DctlroyliO(o anal ('ondvIni illioi. If (u) Ilia I:quipaleut of ally point' thetcof a destroyed, lit %%hole of sit pail, fir is 0.unagcd by lire fir usher c.isually or (b) till: tt Ill Ilse latupau;a)' use soh, 1110 Fquipmelll fir any pall Illercul's11111 be IJkell I O&I the 0VICU it threat of the power of eminent domain by any governmental body or by any person, firm it ecrporation acting pursuant to governmental authority, Lessee and Lessor will cause ilia 4et Proceeds to be applrrd to the prompt replacement, repair, restoration, modification or nnprovement of ilia Equipment to substantially the same condition as t tistcd prior to the :vent causing such damage, destruction, or condemnation, unleis [.asset shall have xerciscd Its nplion to purchase the Equipment pursuant to Section 22. Any balance of ilia let i'roct:%ds remaining aver such work has been completed shall be paid to Lessee. For purposes of this Section, the Iran "Nei I'receeds" shall mean (y) ilia utnnuni of insurance proceeds received by Lessce (tit replacing, repairing, tesroring, modifying, or improving darnaged or dcsrruyed Equipmem, or (x) the amount remalning front the gross proceeds of any cundemnalton reward or sale under Areal of condeninatiun ancr deducting all expenses, including attnmcys' fees, incurred in the collection thereof If the Net PrtxeeJs ato Insufnccent to pay in full rite east of any rephicrmenl, repair, restoration, irnxlilicalion or tmpravemtril refctr:d to herein. Lessee shall either (u) complete such repticenicnt, rrpair, restoratlon, nnidiflcauon or imprmvensenl and pay any costs thereof In excess of the aimmm of the Net Proceeds, or (h) pursuant to Section 22 purchase Lciules Interest in the Filuipment and in any other Equipment listed in the same Least The amount of the Net Pimcc&, irony, remaining after completing such replacement, rgmir, restoration, miWificutiun or improvement or uner. purchasing Lcssur's irdcrest hr the Equipment and such ether liquipmcnt shall be retained by Lessce. If Lessee shall make any payments pursuant tit this Section, Lessee shall nat W entitled lit any trimhurmincnl therefor from Lessor nor shall Lessce be crtitled to any diminution or the amounts payable under Section 9 PISfJ U%jER UE 11', IMAN'IJES. LESSOR MAKES NO WARRANTY Olt RE PRESENFATION, Firlililt I!XI'RIISS UR IMPLIED. AS TO TIM VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE: Olt 1TfNESS FOR IJS1: [)F THE EQUIPMENT, Olt WARRANTY WITH RES11FU Tl[I:RL"fO WI hE:l'l lilt EXI'I(ESS OR Ih1; LI1:1), ANII LESSEE: ACCEPTS SUCH I:QUII'NlI:N7' AS IS AND WITH ALL FAULTS. IN NO IiViiNT SHALL LIiSSOR BE LIARIX FOR ANY INCIDENTAL. INll1REf: r, SI'IiCIAL Opt CONSEQUENTIAL DAMAGE IN CONNECTION W1TI1 OR ARISING OUT OF ANY LEASE OR THE: EXISTENCE, FURNISHING, FUNCTIONING Olt LESSEE'S USE OF ANY ri-r-w, PRODUCT Olt SERVICE: PROVIDED FOR IN ANY LEASii. 21. 1'endar's Witrninllcs. Lessor hereby irrevocably appoints Lessee as its agent and ttorney-in•fuct during each Lcase Tcrm, so long as Lessee shall not be in default under the eluted I.c:sc, in assert prom tinie to time svltatever claims and rights (including without irnitolion warranties) relating, to the Equipment that Lessor may have against Vendor. The eon "Vendot" means any supplier or manufacturer of lite Equipment as well as the agents ur Iealers of the munufacturer or supplier from whom Lessor purchased or is purchasing such iquipmertl. Lessees sole remedy for the breach of such warrunly, indemnification or epiesentation shall to against Vendor of the Equipment, and not against lessor. Any such nater shall riot have any cflkct whatsoever on the nghts or obligations of Lessor will; aspect to any Lease, including the right to receive full and timely payments under a Lease. .esscu exptcssly acknowledges that Lessor makes, and has made, no representations or varnintics Whatsoever as to ilia existence or the availability of such warranties by Vendor or he Equipment 22, 1_;,urcha+r Obi lon. Lessee shall have the option to purchase Lessor's interest in all if the Equipment listed in any Least, upon giving written notice to Lessor at least 60 days iefore the date of purciasc, at t11e fulittwiug times and upon the ftdlowing terms: (a) on 1111: tental 1'ayutent chafes sptirifrexl in each ixase, upon payment in full of the Rental Payments then lue under such Lease plus the then applicable Purchase Price as referenced in Exhibit A-l; or b) in the event or substantial dismage to or devouction or condemnation of substantially all 'if the E;quipnicnt listed in a Lcase, on Cite day specified in Lessee's notice to Lessor of its xcrcise of the purchase option upon payment in full to Lessor of ilia Rental Payments then lue under such Lease plus the then applicable Purchase Price plus accrued interest from the minediatchy preceding Rental Payment date to Sucl; purchase date. 23. Avsienritcnt. Lessor's right, title and interest in and to this Agreement and/or sonic it all Leases, including Itental , Payments and any other amounts payable by Lessee hereunder and all proceeds therefrom, may he assigned and reassigned to one or more ssignt.-rs or subassignees by Lessor without the necessity of obtaining this consent of t essec. .essce agrees to execute all documents that may be reasonably requested by Lessor or tiny ssignce to protect its interests and property assigned pursuant to this Section. Lessee shall tot have the right to and shall riot assert against any assignee any claim, counterclaim or ,ther right Lessee may have against Lessor or Vendor. Asstgmncnts may Include without imitation assignment of all of Lessor's security interest in Lind to the Equiptnent listed in a ,articular [.ease and all rights in, to and under the Lease rented to such 1-tfuiputent. Lessee tereby agrees that Lessor stay, without notice to Lessee, sell, dispose of, or assign this igrccmcnt or any particular lease or Lcases through u pool, trust, lirnitcd partnership, or ether similar entity, whereby one or more interests arc created in this Agreement or in u .case or Leases, or in tits Equipment listed in or the Recital Payments under a particular .cuse or Leases. Nun: of Lessee's right, title and interest in, to and under tiny Lease or any portion of hie Equipment listed in each Least may be assigned, subleased, or encumbered by Lessee for try reason without obtaining prior writtert consclit of Lcssur. 24. Events tit I)ehoult. Any of the following events shall constitute an "Event of )cfault" under a Lease: (a) lailure by Lessee to pay any Rental Payment or other payment cquircd to be paid under a Lease at the time specified [herein, (b) r'uilure by Lessee to ibserve and perform any covenant, condition or agreement on its pan to be observed or ,cif'ormcd, other than as referred to in subparagraph (u) above, for a period of 30 days abler 'intent notice spiccifying such fuilure and requesting that it be remedied is given to Lessec ty Lessor; (c) any statement, representation or warranty made by Lessee in or pursuant to any Lease shall prove to have been false, incorrect, misleading or preached in any motetit respect an file dale when made; or (d) Lessce institutes any proceedings under an banArtplcy, Insolvency, rcorganlration or similar low ur a reiciver or similar ohlicial i appointed for Lessee or any of its property. 25. Iterrtcdies nn llcfaull. Whenever any- Evcnl of Dclaull exists, Lessor Shull have tit right, at its sole opliun without any further demand air nollce, to lake one or any combinntio orthe Poll wing winediul steer (a) by hstitten notice to Lessec, Lessor tray declare all Rentl Paynicnis payable by lessee pursuant to such I.casc and other amounts payable by Lesse under such Least lo the end of lite that current Original Tenn or Renewal Terre to b Imtiedialely due turd payable; (h) with or without terrnlnaling ilia Lease 't'erm under sic Lease. I.cssot may enter lilt ptcillhes Wiere the rtiuipmcal listed In such Lease is locate aiid reline powssion oranch Equiptnent or ictiuirc Lessee tit Lessce's expense to prompil retdrn any er all or such EqulPment to the possession or Lessor at such place ?kiihin lit United Slares as I.essor shall spee;fy, and sell or Ica« such Equipment or, for the aCCUint r I,esscc, subicavt: such Equipment, contirnsing it) hold Lessee liable for the dillcrciie between; (1) the Rental Payments Payable by Lessee pursuant to stttai I-imse and unlit anxrunis related to such Lcase of the Equipment fisted therein Thal are payable by Lessee t the end of the their currcnl Original 'Penn ur RenaWlll l erm, as the carp may Ix, and (ii) ill itci proceeds it'.nny such sale. Willing or subleasI itg (oiler deducting all expenses of Lessor I e.xcrcising its renictlics under %uch Lease, including nvilhuut li nuation all expenses of Lakin possession, staring, leetindinnnhtg and sellitip or lensing such Njulpmcnt and all brol,crag( auctioneer's and attorney's fees), subject, however, in the provisions of Section 7 hero The exercise or arty such remedies to respect of any such invent ref Deruult shall not reliev Lessee of uny other halilhties under any other Lease or the Equipment listed therein; and (c Lessor may IaW w11119M action Al 110w or In equity may appear necessury at desirable t cnfbice us rights under such Least or as u secured party Ili any or all of the liquipmcnl. An net proceeds from Ilse exercise of any remedy under it Lease (oiler deducting all costs an expenses referenced in the Section) shall be applied us riillows: (I) If such remedy i exercised solely with respect to a siiigle Lease, Equipment listed in such Lease or right thereunder, then to amounts due pursuant to such Lease and other amounts related to suc Lease or such Equipment; or (ii) if such remedy is exercised witli respect to more than an Lease, Equipment listed in more than one [.case it rights under murc than uric Lease, then t amounts due pursuant to such [.cases pro-rula. 26, No Reincih- E><rlu iyS. No remedy herein conferred upon or reserved tat Lessor i intended to be exclusive and etcry such remedy shall be cumulative and 511011 be in addilio to every other remedy given under a lease now or herculler existing at law or In equity. 27. a tc 1. All maces or other communications under any pease shall be sufllcientl given and shall he deemed given «hen delivered or mailed by registered mail, posing prepaid, to the parties hereto at the addresses listed below (or at such other address as eillu party hereto shall designate in writing to file other fur notices la such party), or to all ussignec at Its address as it upp ears u n Lite registration books maintained by Lessee. 28. Itclesse_ttud Indenn?lllrrrlinn. To the extent permitted by Slate law, and subject t Section 7, Lessee shall indcn;nify, release, prutecl, hold harmless, save and Leep hannles Lcssur burn and against any and till liability, obligation, loss, cairn, lax and dan;og whatsoever, regardless of cause therein', and all expenses in connection lhcreivith (including without lintitaliun; attorney's fees and expenses, penalties connected therewith imposed o interest received) arising out of ur as result of (a) entering; into airy Lease, (b) llte owTlershi orally item of Equipment, (c) the ordcting, uequisilion, use, operation, condition, purchase delivery, reisctiun, storage ter return- of uny itein of Equipment, (d) any accident i connection with the oNration, use, condition, possession, sturuye or iclmrt of any item c Equipment resulting in damage io property or injury to or death to any person, and/or (e) tit breach of any covenant ur any inatchal represultaiion contained in a Lease, 'I'll indemnification arising under this Section shall ConlitutC ill Gll force and e11'ec notwithstanding the fu11 payment Oran obligations under all [.cases or ilia lerninaiion of tit Lease Term under of I LeaSt`.s for any reason. 29_ Nflscellancouc Prnvlsiolm. Each Least: shall Irene to lite benefit of and shall b binding upon I.essor and Lessee 0nd their respective successors and assigns. Reference herein to "Lessor" shall he drerited to include each of its assignees and subsequent assignee from and alter the effective date ireuch assigtnncm as permitted by Section 23. [n the ever any provision of any Lease shall tic: held invalid or unenforceable by ally court of conhpeter jurisdiction, such holding shall riot invalidate or render unenforceable any other provisia thercol. Each Ixase may be urnetided by mutual written couscrit if Lessor and l.esscr Each Lease may Ire simultancuusly executed in several counterparts, each of nwhich shall h an original and all of which shall constitute but one and the sonic instrument line captions c headings in this Agreement and lit each Lease are fire convenience only and in no win define, limit or describe the scope or intcnl orally provisions or wlions of this Agreemcr or any Lease. This Agreement and each Lease shall Ito governed by and collorucd i accordance with rite laws of the State. For the sake of clurlq, please distinguish between the terms and conditions that apply to the leasing transaction (as stated lit thds ofgreeruent) and the terms and coudillous that grunt you warranty rights lit coutterthru with the manufacture and sale of the leased equipment (as stated In Dell's Service Agreem riot for Dell products). The leasing rights unit obligatlous provided lit this Agreement, and lit each lease schedule, are not affected bJ' the oral starent arts or representations of nit)- inunufacturer's sales force. To the evteut permftted by law, rumrufacutrer's mvrrrandes In connection whir leased equiptneirt pars through rayon by the terars of this Agreeur eat. IN WI'INESS WHEREOF, Lessor and Lessee have caused this Agreement to pc executed in their annies by their duly aulhurircd representutives us of the date first above written. (LESSOR) Dell Marketing, L.P. One Dell Way Round Itock, Tex as 78762 11Y, Name (LUSSEH) City of Clearwater 112 South Osceola Ave, Clcanvalcr, Fl. 33756 By Nanic Attest By Name 'fide 'title 'Elk- EXHIBIT A SCHEDULE OF PROPERTY N4. «Schedul No» RE:, Master Equipment Lease/Purchase Agreement entered into as of uMasterDateu, ("Agreement"), between Dell Marketing, L.P. ("Lessor") and City of Clearwater ("Lessee"), All terms used and not otherwise defined herein have the meanings ascribed to them in the Agreement. The following items of Equipment are hereby included under this Schedule to the Agreement. DESCRIPTION OF EQUIPMENT Quantity ucscri (ion Model No. Serial No. Lessee hereby represents, warrants and covenants that its representations, warrnnfics and covenants set forth in the Agreement are true and correct as though made on the Commencement Date of Rental Payments under this Schedule. The terms,and provisions of the Agreement (other than to the extent that they relate solely to other Schedules or Equipment listed on tither Schedules) are hereby incorporatetl'into this Schedule by reference and made a part hereof. Lessee xgrees all items coverer) by proceeds of thisischedule are cspitalixed assets. Dated: aschedulcDalco Ussew CITY OF CLEARWATER By Name Title Date: By Name - lessor: DELI. MARKr-rv,G, LP. Title' Date: ( RTIPICAI i?9CC i,1-RK OR_til?CRI"FARY-01? !.L•CSEG 1, the undersigned, do herby` certify that (1) the officer of Lessee mho executed the foregoing Lense on behalf of Lessee and whose genuine signature appears thereon, is the duly qualified and acting officer ol•Lessm as stated bencalh his or her signature and has been authorized to execute the foregoing Lease on bchaif of Lessee, and (ii) the fiscal Period of Lessee is from ;_ _10_ _ Dattititit Fly:_ Title: • ?1, . ?r• .i .. .. fir, d .SI .f" S {I? . ENTAL PAYMENT SrFIFDUL F, Payment ' Payment PUMIUMC " ' 'Pmt 0 bate Amount Interest Principal Price 3/12001 arlr0al ' 2 5/1/2001 3 6/1l2Uat 4 . 7/12001' • 5 811/200) 6 9112001 , ' 7 10/112601 8 11/1/2001 •, , •9 12nr2001 ' . . 1.0. . I/I2002 ' i 1 2/1/2002 12' 3/112002 ` ` 13 4/1/2002 14 5112002 15 6rl/2oa2 16 7/ M002 17 811/2a02 1 18 91112002 i 19 10/112002 20 111112002 .. 21 121112002 22 1/12403 23 2x112003 ; 24 311/2003 ' `. 25 4!1120'63 ' 26' 5!1PM03 27 6!1!2003 26 7111'1003 29 811x2003 34 9/1/2003 .31 101112003 .32 II/1/2003 , 33 12/I n_003 34 1/112004 35 2!1/,2004 36 3x112004 S0,00 Totals: S1.000,000'(10 LESSEE: CITY OF CLEARWA,rER . •, By . ? Tills ' • . . Date FINAL A.CMITANCF. CERTIFICATE Ile: Schedule of Property No. o6chedule No4. dated +6chcduleDate», to Master Ilardware Lease Agreement, dated as of++MasletUatcn, between belt Marketing, L.P., as Lessor, and City, of Cleamater, as Lessee. . In accordance ttith the Master Equipwtint 1, casefptirchase Agreement (the "Agreement"), the undersigned Lesscc hereby certifies and represents to, find agrees with Lessor nS follows: . (1) All of the Equipment (as such term is der incd In the Ag reemcnt) I isted in the ubo ve•raferenced Schedule of Property (Ihc "Schedule") has been del ivered, installed and accepted on the date hercuL (2) Lessee has conducted such inspectio n and/or testing fir the Equipment l isted in the Schedul a as it deems necessary and appropriate and hereby acknowledges that it accepts life Equipment f or all purposes. (3) Lcssce is currently maintaining the insurance coverage mquircd by Section 17 of the Agrecment• (d) No event or condition that constitutes, o r with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists tit the date hereof; LESSEE, cav OF C1.E4%kW4kTFlt . By; ' ... 'flue: • , ', Acceptance Date:_,_,;?,_•, _ LEASE PAYMr T INSTRUCTIONS Punuunt to the Muster 1?41sipmcmt Lcasc/Purchase Agreement dated a htastcrDalcn'(the "Agrecnent" 1, 5clmduic al'i'roperty No, uScheduic Na), dosed a$chedulcUale», bctwmi belt Marketing; L.P. (she" Lessor') and City of C.learnatrr (tike "Lessee'), Lessee hereby acklimsledges the oblignlloms to make Itemlal Ppyments promptly when due, in nccordamcc with I.301bit A-1 to the Agreement. . LESSEE NAME TAX IV#: INVOICE MAILING ADDRESS:? Muii invoices to 11lcallention of. !'hone L? Fttx (___) ?_ Approval of invoices required by,-" Phone ( ) Fax Accounts Payable Contact: Phone L • I-six (__j- Ismcessing time for Invoices:-- Approval:__ Checks:, Do you have a Purchase Order Number that'you would like Included on the invoice? No ? Yes, I)OP Ito your Purchnse order numbers change annually? No Ycs„_„_M Processing time for new purchase orders, LI.SSIsE: CITY OF CCEA10VATEIi Fay: T ^ Thlc; , Date. Form 8038-G information Retrirn for Tax-Exempt Governmental Oltligations «bid id» (Rev. May 1999) ? under Internal Revenue Code Section 149 (e) OMB No. 1545-0720 See a arjttc in. t tc io L lnwmd ilrrw„v. 5•n'c• Caution: Use Form 8038-GC lithe issue price Is under $100,000 RO oorti ng Authority _ It Amended Rat r 9hack-here I Issuers name , - 2 Issuer's employer ldontlfication aLesseeN;amen 3 Number and street (or P. O. box if mail Is not delivered to Street address) Room/suite,, 4 Report number ((Addressl )) «Address2» G 2001- (a) Final Maturity date (b) Issue Price (e) Stated redemption price at maturity (d) Weighted average maturity (e) Yield 21 uAmt Fins 5 nla atarmp years eleasc_pt rccnl»°,o 0 '".'awn, ur PU51 oinue, stare, and me code (cLesseeCi )), ((LesseeState)) (tl.esseeZip» _ 5 Uate of Issue ((Schedule Date)) 7 Name of Issue 8 CUSIP number None 9 Name and title of officer or legal representative whom the IRS may tali nloTelephone number of officer or legal representative Typo of Issue (check applicable box(es) and enter the Issue price) See Instructions and attach schedule 11 Education . . . . . .. . . . . . ... .. . . .. . . . . .. ..... .. .. . . . . . . ..... .... 11 12 ? Health and hospital .. . ... ..... .. .. . . ... . .. . . . . . .. .. ... . .. .... . . 12 13 ? Transportation . . .. : ... . .. .. . .... .. . . . , ... . . . . .. .. . . . . .. . . . . . . 13 14 ? Public safety .. .. . . . .. ... . .. . .... .... . . . . . ... , . . . : . .. . . 14 1s ? Environment (including sewage bonds) .... . ...... . . ... . . . . . . . . . .. . . . ... . 15 1ti ? Housing . . ............. .. . . .... '..... ... .. .. .. . . . . .... 16 17 ? Utilities . . . . . . .. .... .. .. . .... ... . . . . ... . . . ... . . . . . . .. ... 17 18 ® Other. Describe (see instructions) ? T 18 AAmt_FIn)) 19 20 If obligations are TANs or RANs, check box ) ? if obligations are BAN s, check box If obligations are In the form of a lease or installment sale, check box ? ? ? Description of Obligations (Complete for the entire issue for which this form is being filed) LjUdU Uses of Proceeds or Bonds Issue Includin underwr'iters' discount 22. Proceeds used for accrued interest . . . .. . ... .. ... . . . . . . ..... .. .. ... ... .. .. . . . . . 22 23 Issue Price of entire issue (Enter am aunt from line 21, column (b) . . . .. . .. .. . . . .. .. .. . . .. .. 23 24 Proceeds used for bond Issuance costs (including underw riters' discount) . . , .. . .. .. . , . 24 25 Proceeds used for credit enhancem ent . . . . . .. . . .... . . . ... . .. ... . . . . .. 25 26 Proceeds allocated to reasonably require reserve or replacement fund ..... .. . . .. . . . 26 27 Proceeds used to currently'refund prior issues . . . . . . ... . ... ........ . .. . .. 27 28 Proceeds used to advance refund prior Issues . . . . . .. . .. . . . . . . . . . . • . , , . '. , 28 29 Total (add lines 24 through 28) ... . .. .. .. ... .. .. . . . , .. . . .. . . . . . . .. . . . . . . 29 30 Nonrefunding proceeds of the issue (subtract line 29 from line 23 and enter amount here) ...... ... . .. . . .' . . . 30 11MVIN Description of Refunded Bonds (Complete this part only for refunding bonds.) _ 31 Enter the remaining weighted average maturity of the bonds to be currently refunded .. - . .. . ..... .... . . . - years 32 Enter the remaining weighted average maturity of the bonds to be advanced refunded . ... . ... .. ... . .. . years 33 Enter the last date on which the refunded bonds will be called . . .... . . . .... .. . . . . . . . . . . . 34 Enter the dates(s) the refunded bonds were Issued ?, Miscellaneous 35 Enter the amount of the state volume cap allocated to the issue under section 141 (b)(5) . . . ........ • . . . . . . . 35 36a Enter the amount of gross proceeds invested or to be invested In a guaranteed investment contract (see instructions) 36a b Enter the final maturity date of the guaranteed investment contract 37 Pooled financings: a proceeds of this Issue that are to he used to m ake loans to other governmental units 37a b If this Issue is a loan'm ade from the proceeds of another tax-exempt issue, check box ! ? and enter the name of the . issuer and the date of the issue l? 38 If the Issuer has designated the issue under section 265 (b)(3)(B)(i)(Ill) (sm aller issuer exception), check box . . . . . ... . ....... C 39 If the issuer has elected to pay a penalty In lieu of altritrage rebate, check box . .. .. . . ... . . ... . ...... . . . . . . . . . . ? C , 40 if the Issuer has Identified a hedge, check box ? Please Under penalties or perjury', I declare that I have examined this return and accompanying schedules and s tatements, and to the best orTlly knowledge and belief, they are true, correct and complete. Sign Here ? ? 5' lnalure al lnsuur'a autho(IXOd ropraivnruaVu' Date Typo or pn nl nnmo and mie For Paperwork Reduction Act Notice, see papa 2 of the instructions. C at. No. 63773S Form 8038-G (Rev. 5-99) i Amendment No. 1 (the "Amendment") to Master Equipment Lease Purchase Agreement dated ("Agreement") by and between Dell Marketing, L.P. ("Lessor') and City of Clearwater ("Lessee:") This Amendment is entered into as of by and between Lessor and Lessee for the purpose of amending the above referenced Agreement. Lessor and Lessee hereby agree to amend the Agreement as follows: 1. In paragraph 4. subsection (c), append the phrase "resulting from this agreement" after the word "Lease". 2. In Paragraph 8, revise the second sentence to read "Lessee will cooperate with Lessor in Lessor's review of any proposed lease associated with this Agreement". ' 3. In the third sentence of paragraph 8, insert the phrase ."associated with this Agreement" after the phrase,"necessary to enter into any Lease"., 4' ADD TO the below Section the following; r Section 9, Rental_P_avments. Payments will come from sources other than ad valorem taxes. a, In the first sentence'of Paragraph 12, Location and inspection, replace the word "Location" with the word "City". 6. In the second sentence of paragraph 12 insert the phrase and with reasonable written notice," after the phrase "during regular business hours". 7. In paragraph 13, replace the last sentence with "For all equipment Leased under this agreement, Lessee will enter into a Manufacturer warranty i`or a term no less than the term of the Lease. S. DELETE the following Section in its entirety: Section IS. Securily_Int?rcii. 'i'o secure the payment ofall of Lessee's obligations under each Lease, upon the execution of such Lease, Lessee grants to Lessor a security Interest constituting a first and exclusive lien on the Equipment applicable to such Lease and on all proceeds therefrom, Lessee agrees to cxccute such additional documents, In form satisfactory to Lessor,.which Lcsspr deems necessary.or appropriate to establish and ' maintain Its security interest in the Equipment- The Equipment is and will remain personal property and will not be deemed to be affixed to or a part of the real estate on which it may be situated, 9: In paragraph 16, sentence 3 append the phrase "during the lease term" to the end of the sentence. . ... .'? .. ,,.I:... ,. .. , is ... ,,, •s ,. .. . .. ,.. l0. In I?aragraph 23, after Sentence 1, insert the following: "Lessor shall provide timely written notification to Lessee of any such assignment," 11. In Section,24, subsection (b) replace "30 stays"with " 45 days". 12. In Section 25, revise first sentence to'read: "Whenever any Event of Default exists, Lessor shall provide written notice to Lessee of the specific default. Lessee shall have a period ofM days to cure such default. 1f'such,Default remains uncured for 34 days, Lessor shall have the right, at its sole option without any further demand or notice, to take one or any combination of the following remedial steps: All 'o'the'r terms and conditions,of the Agreement remain unchanged and in full force and effect. ; IN WITNESS WHEREOF, the parties have caused this Amendment to, be duly executed as of the date first written above. LESSOR: LESSEE: ' Dell Marketing, L.P. City of Clearwater By: By: : . Title: Title: FL 1 /' l e-0 ASSET DISPOSITION RIDER TO MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT DATED AS OF , 200_ THIS ASSET DISPOSITION RIDER (this "Agreement") is entered into as of the day of 2001 by and among Koch Financial Corporation ("Lessor"), GATX Technology Services Corporation ("GATX") and ("Lessee"). WITNESSET14 WHEREAS, Lessor entered into that certain Master Equipment Lease/Purchase Agreement dated as of 2001 with Lessee pursuant to which Lessor leased to Lessee equipment (the "Equipment") as more particularly described therein (the "Lease"). WHEREAS, pursuant to the Lease, Lessee has the right to purchase the Equipment or return it to Lessor upon the occurrence of certain events as more particularly described therein. WHEREAS, Lessee desires to enter into this Agreement to facilitate the planned disposition of the Equipment. NOW, THEREFORE, in consideration of the foregoing and the mutual promises contained herein, and such other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Disposition of the E ui ment. Pursuant to certain other agreements entered into by and between Lessor and GATX, Lessor has agreed to assign and GATX has agreed to assume all of Lessor's obligations, duties, rights, title and interests to the Lease and the Equipment after all scheduled Rental Payments (as defined in the Lease) payable under the Lease have been paid in full or upon damage, destruction or condemnation of the Equipment as described in paragraph 19 of the Lease (the "Triggering; Events"). After the occurrence of a Triggering Event, Lessee shall have the following options ror disposition of the Equipment each of which arc more fully described below: (a) return the Equipment to GATX; (b) extend the Lease; or (c) purchase the Equipment from GATX. 2. Return the Equipment. Provided that (i) Lessor has received full payment of all scheduled Rental Payments (ii) Lessee is not otherwise in default under the Lease, and (iii) and Lessee gives GATX at least 60 days written notice, Lessee may, in its discretion, decide to return all, and no less than all, the Equipment to GATX. If Lessee so chooses it shall, at its own expense, assemble, pack, ship, and deliver to GATX at such place'as GATX shall designate within" the continental United States, the Equipment, in good order and repair, ordinary wear and tear excepted, The risk of loss and all costs and expenses incurred in connection with or as a result of returning the Equipment shall be the responsibility of Lessee. Upon acceptance by GATX, Lessee shall have no further responsibility or liability with respect to the Equipment except for damage thereto. 3. Extend the Lease. Provided that Lessor has received full payment of all scheduled Rental Payments, Lessee may decide to extend the Lease for a term and at a rental rate as may be mutually agreed upon by Lessee and GATX. If all the Equipment is not returned or purchased from GATX pursuant to this Agreement, the term of the Leese shall be automatically extended for an additional Renewal Term on the same terms and at the same rental amount, its the then concluded lease term, pro rated on a monthly basis. Provided, however, Lessee may thereafter terminate the Lease upon 60 days prior written notice during any Renewal Term, provided no Event of Default exists and all the Equipment is returned to GATX on or prior to the terminations effective date. 4. -Purchase the F.quipment. Provided that Lessor has received full payment of all scheduled Rental Payments, Lessee may, in its discretion, decide to purchase the [;quipment from GA'I'X upon the terms and conditions set forth in the Lease, as amended herein. 5. Amendments to the Lease. To facilitate the planned disposition of the Equipment, cite Lease must be modified and amended. Lessor and Lessee hereby agree the Lease is modified as follows: . (a) In section 5, entitled Lease of Equipment, delete the phrase. "until all Rental Payments payable Linder such Lease have been paid if full"; (b) In. section 14, entitled Title, in the first sentence delete the phrase "and Lessee shall immediately surrender possession of the Equipment to Lessor" and add the phrase "tile earlier of (a) the expiration of the Rental Payment Schedule," immediately after the word "upon". Subsection "(a)" shall now be subsection IN" and "(b)" shall now be subsection "(e)". A new second sentence shall be added which reads: "Upon any termination as set forth in subsection (b) or (c) above, Lessee shall immediately surrender possession of the Equipment to Lessor free and clear of any security interest, lien or other encumbrance not created by Lessor." The phrase "and thereafter Lessee shall have no further interest therein" shall be added at the end of the new third sentence,. (c) in section 17, entitled insurance, change "10 day" advance notice to "30 days"; (d) In section 19, entitled Damage, Destruction and Condemnation, the first sentence beginning after the words "governmental authority" shall read as follows; "Lessee and Lessor will cause the Net Proceeds to be applied to either (i) repair, restore, modify, or improve the Equipment to the same or better condition or (ii) replace the affected Equipment with like or better replacement 'equipment, acceptable to Lessor, of identical make, model, configuration, capacity and condition, in good repair, free and clear of all liens, claims, and encumbrances." In the next to last sentence, after "after purchasing Lessor's interest in the Equipment and such other Equipment' add "as provided for in Section 22"; (e) In section 22; entitled Purchase Option, the entire paragraph shall be deleted and replaced with the following: "At the end of the Rental Payment Schedule or during any Renewal Term thereafter, provided no Event of Default then exists and provided Lessee gives Lessor 60 days prior written notice, or upon damage or destruction of the Equipment as provided in Section 19 above, Lessee shall have the option to purchase Lessor's interest in all, but not less than all, of the Equipment listed in such lease at its then in place, in use fair market value plus payment in full of all Rental Payments then due."; (f) In Section 23, insert the following sentence at the end of the first paragraph; "Any Assignee of Lessor shall have all of the rights of Lessor hereunder unless expressly agreed in writing." (g) In section 24, entitled Events of Default, the following shall be added: "(c) Lessee attempts to sell, assign, transfer, encumber,. dispose of, sublet or lend any of the Equipment without the prior written consent of Lessor."; and (h) 'File following new section 30 shall be inserted: "30. Software. Lessee and Lessor acknowledge that the Equipment may contain or include a description of certain software (usually application software) in which Lessor and Lessee may have no ownership or other proprietary rights. Where required by the software owner, manufacturer or distributor, Lessee shall enter into a license or other agreement for the use of such, software. Any software agreement•shall be separate and distinct from this Agreement and any Schedule, and Lessor shall not have any obligations thereunder, but shall have the right to require Lessee to terminate Lessee's use of all operating software, and application software leased hereunder, if any, if a nonappropriation or an Event of Default shall occur and shall be continuing hereunder. To the extent that the Equipment contains any operating system software, such shall be considered as part of the Equipment hardware. In the event rent specified in a Schedule includes an amount attributable to the financing by Lessor of Lessee's fee for use of software, Lessee agrees that such amount shall be deemed rent and subject to all the provisions of this Agreement. Lessee shall return to Lessor all original copies of any operating software together with any application software that was bundled therewith, that is part of any outstanding schedule and is legally transferable, in whatever media form received (in addition to discontinuing the use thereof and destroying all backup copies thereof). Lessee agrees that failure to return all such items will impair the value of tile' software and that Lessee may be charged for the losses resulting therefrom." 6. Inspection Rights. GATX shall have the right to contact Lessee 60 days prior to the final scheduled Rental Payment being clue by Lessee to arrange for an inspection, after reasonable written notice, of the Equipment during; regular business hours and Lessee agrees to grant GATX access to enter into and upon the property of Lessee where the Equipment is located to perform such inspection. 7. Nona ro riation or Event of Default. In the event the Lease is terminated prior town assignment of the Lease and the Equipment to GATX, as a result of nonappropriation pursuant to section 7 of the Lease or an Event of Default pursuant to section 24 of the Lease, this Agreement shall terminate and be of no further force or effect. Notwithstanding the foregoing, in such event the Lease shall remain in full force and effect such that Lessor shall have all remedies available therein, at law and in equity. 8. Waivers. No delay on the part of any party in exercising any right, power, or privilege hereunder shall operate as a waiver thereof'. No waiver on the part of any party of any right, power, or privilege, nor any single or partial exercise of any such right, power, or privilege, shall preclude any further exercise thereof or the exercise of any other such right, power, or privilege. 9. Binding Effect-, Assignment, Lessor and GATX may assign and reassign its right, title and interest in and to this Agreement to one or more assignees or subassignees without the necessity of obtaining the consent of Lessee; provided that any such assignment shall not be effective until Lessee has received written notice, signed by the assignor, of the name and address of the assignee. None of Lessee's right, title and interest in and to this Agreement may be assigned, subleased or encumbered without obtaining the prior written consent of GATX and Lessor. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns. 10. Internretation and Severability. Tile provisions of this Agreement shall, where possible, be interpreted 'in a manner necessary to sustain their legality and enforceability, and for that purpose the provisions of this Agreement shall be read as if they cover only the specific situation to which they are being applied. The unenforceability of any provision of this Agreement in a specific situation shall not affect the enforceability of that provision in other situations or of other provisions of this Agreement. It. Governing Law. This Agreement 'shall be construed under and in accordance with the laws of the state where the Lessee is Iocated without giving effect to choice of law principles. 12. Entire Agreement; Amendment: This Agreement. (together with any Exhibits hereto and any other documents executed by the parties in connection herewith) sets forth the entire agreement and understanding of the parties related to the subject matter hereof. Except as expressly stated herein, this Agreeient does not amend or alter the Lease in any way. , Capitalized terms not otherwise defined herein shall have the meanings set forth in the Lease. This Agreement may be amended, modified or terminated only by a written instrument signed by duly authorized representatives of the parties to this Agreement. 13. Headincs. Headings in this Agreement are for convenience of reference only and shall in no way affect interpretation. 14. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall ° be deemed an original, but all of which together shall constitute one 'and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as indicated by the Signature of their authorized representative below. Lessor: KOCH FINANCIAL CORPORATION Lessee: By: By: Title: Title: Date: Date: GATX: GATX Technology Services Corporation By: Title: Date: ADDITIONAL PROVISIONS TO THE k ASSET DISPOSITION RIDER TO (MASTER EQUINMENT LEASE/PURCHASE AGREEMENT DATED AS OF , 200_ Lessor and Lessee'agree to additional provisions pertaining to this transaction as follows: I . Paragraph 2 of the Asset Disposition Rider, Return the Equipment will be replaced by the following: Return the Equipment. Provided that (i) Lessor has received full payment ofall'scheduled Rental Payments (ii) Lessee is.not otherwise in default under the Lease, and (iii) and Lessee gives GATX at least 60 days written notice, Lessee may, in its discretion, decide to return all, and no less than all, the Equipment to GATX. 'If Lessee so chooses it shall, arrange with GATX a mutually agreeable day and time within 3 business days of said notice, whereby GATX will pick up and return the equipment at its own expense. Lessee, at its own expense, will assemble and stage the equipment at a single location and at a pick up point near a loading dock or other specified shipping and receiving location. The pick up may'not involve stairs or "long carries" as defined by the shipping company. Lessee will remain responsible for the Equipment to be in good order and repair, ordinary wear and tear excepted. Thy risk of loss anti all costs and expenses incurred in connection with or as a result of returning the Equipment shall be the responsibility of GATX ?. Lessee will be relieved from the responsibility of returning Equipment operation manuals for all Equipment so long as, for each unique model, six copies are received. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as indicated by the signature of authorized representative below.. Lessor: KOCH FINANCIAL CORPORATION Lessee: B} . By:. Title: Title: i Date: Date: GATX: GATX Technology Services Corporation By: Title: Date: Form of Validity Opinion EXI_ 41BIT C (To be put on Attorney's Letterhead) Lessor. Lessor Address Lessor Address : Ite: Schedule of Property No. (,Schedule No)), dated uScheduleDateu, to Master Equipment Lease/Purchase Agreement dated as of Waster©aten; between , as Lessor, and City of Clearwater, as Lessee. Ladies and Gentlemen: As legal counsel to City of Clearrr•ater, (the "Lessee'"), I have examined an executed counterpart of a Master Hardware Lease Agreement; dated as of « MasterDate», and Exhibits thereto by and between Dell Marketing, L.P. ("Lessor") and City of Clearwater (the "Agreement") and an executed counterpart of Schedule of Property No. ((Schedule Noo, dated ((ScheduleDate)), by and between Lessor and Lessee (the "Schedule"), which, among other things, provides for the lease with option to purchase to the Lessee of certain property listed in the Schedule (the "Equipment') Based on the foregoing, I am of the following opinion: (1) Lessee is a public body corporate and politic. (2) Lessee has the requisite power and authority to lease and acquire the Equipment with an option to purchase and to execute and deliver the Lease and to perform its obligations under the Lease; (3) The Lease. has been duly authorized, approved, executed, and delivered by and on behalf of Lessee and, based on my knowledge, the Lease is a legal, valid and binding obligation of Lessee enforceable in accordance with its terms; All capitalized terms herein shall have the same meanings as in the Lease unless otherwise, provided herein. Lessor, its successors and assigns, and any counsel rendering an opinion on the tax-exempt status of the interest components of the Rental Payrrients, are entitled, to rely on this opinion. In rendering this' opinion I make no representation as to the exclusion of the interest component of the Rental Payments from the gross income of the recipients thereof from federal income taxation. Printed Name: Signature: Finn'. Dated: Address:_ Telephone No. Suminai n Business Variables A ecth a Lease Str ate A hardware lease strategy provides the. City of Clearwater the greatest return on investment for maintenance of the enterprise computing; network. Direct Cost.Savik Factors for the Lease: 1. Saving of $200 to $1000 per desktop and laptop, per purchase (based upon present clay }hieing the average per unit savings is $415), 2. Savings oT staff time committed to maintaininglrcpaieing outdated machines (hours vary on a monthly basis). 3. Bulk purchasing; savings on the ever-increasing Microsoft operating system, and application software (OS is included in lease and application licenses can be rolled into lease terms). 4 Dell will pre-configure each PC to City standards resulting in a reduction of administrative time committed to preparation' and deployment of each machine (approximately a 1.5 hour savings per machine @ $20/hour, or $30/machine). 5. Guaranteed 3rd party transfer of the computers at the epd of the lease with no shipping: obligations by City will- reduce administrative time committed to donation (reformat hard drives and operating; systems), or disposal (transportation and landfill costs for hazardous materials). This process has been calculated at 2-. 4 hours depending upon the disposal option. 't'his calculates to $40480/imachlille, 6. An enterprise lease will 'simplify budget preparation of this operating infrastructure resulting; in increased control and monitoring of computer hardware across the enterprise. Additionally, departments will not need to enter purchase requisitions and administrative approval processes will be eliminated on a per purchase basis. 'this simplification will save 1-3 hours/purchase, or $20- $40/inachline. The total savings in administrative overhead under a lease will save approximately $90/coniputet•, or $67,500 enterprise-wide over each generation of PC's (3-5 years). IItta».xgVe, Bene tts: 1. For the' first time the City will have a uniform strategic plan for the purchase of computers. Part of the overall Governance and Architecture Plans to hicrease efliciency and accountability of technology investments. j 2. Leverage'the benefit of the industry leading Dell Manufacturer Warranties on.all new machines. 3. Predictable and structured deployment of computers will facilitate a scheduled workload for IT network support staff and result in better time ntanagei-nent and improved customer service, 4. Greater control of PC population will improve adherence to both auditing and compliance requirements of Microsoft Licensing and other user software. 5.. Requests for adding new computers to file network will be screened through a uniform set of standards, and the direct and secondary operating costs associated with network growth can be monitored. Enternrhve Benerts to Establishing, i Iid Haintoininm, HardivarelSoftlvure Standards: A lease strategy will more easily facilitate the establishment and maintenance of standard hardNtirare and software within City operations. The benefits to . standardization are reflected in the - t'ollowing aspects of network operations that should be proactivcly addressed as part of prudent technology management. These variables have indirect cost- savings associated with them, however, assigning specific dollar amounts is difficult due to their uncertain circumstantial nature. • Ability. to apply pnifonn I_AN and WAN network security. o 'A security breach the cost of staff time and lost, productivity could range from S 100's to $100,000's depending upon. the nature: of the security breach and the systems affected. • Operating system version compatibility (minimization of versioning conflicts, lost documents, greater data integrity). c Lost records and documentation does not produce a direct monetary loss, but staff tinic committed to overcoming such obstacles can be significant. • Maximize benefit of other enterprise system investments. o The City made considerable investments in technology with the expectation that cost-benefits would be attained across the enterprise. In several instances, the inability of departmental hardware to support such applications has prevented deployment. Consequently, value of the initial technology has been decreased. « Greater return on investment of training (i.e. enables training to be focused of standard applications and processes). o Staff training is one of the ongoing challenges in the adoption of techliology,and the realization of efficiency at the process level.. Limiting the,breadth of applications that training needs to 'be provided for results in more focused training initiatives to greater depths of functionality. ' ,' ? 1 - • 1 ', •' 1 . i ` it ., I' • ' ? '? ? •? ' is ' Computer Purchase Summary by Year 9995-2001 kvereQi Purchase Year 4 of PC'e Annual Espenee Unit Cost 1995 136 3 396,189.66, s 2,905.81 1996' 281•', 3 738,434,14 s 2,627.88 1997 184 $ 492,292.66 5 2,675.50 : 1998 95 $ 2a7,70.51 $ 2,935.23. 1999 160 ' $ 376,007.60 $ 2,350,05 2900 118 $ 3D9,524.05 $ 2,668.31 2001 75 $ 144,61t.44 $ 1,926,16 GRAND TOTAL 1,050 $ 2,743,810,49 ANNUAL AVERAGES 150 S 391,972,93 $ 2,613.15 PROPOSED ANNUAL LEASE TERMS 250 $ 405,000,00 $ 1,620.00 quantitalivo Dllfflr'encez 1GG $ 13,027,07 . $ ` (993.15) Cost of Operation Current Hardware Costs 750 $ 1,9594864.64 5 years Proposed Lease 750 $ 1,215,000,00 3 years S (744,864.64) (Annual Unit Savings Using Current Pricing is $415) Administrative Savings '-$90funit $ 67,500.00 ($13,500iYear) Total Annual Operating Savn"gs S 62,722.93 "Savings" should be Interpreted as increased benefit of investment 1 r , . I ; Computer Purchase His , tory 1995 -';2001 Acquisition Acquisition Acquisition Disposition Asset tD Doicriptlon Own Cctr Cost city Date Date 16912 DELL SWIXMT MINi TOWER BM61365 CD4 1721 2863.00 1 Jan•05, 16931 DELL 590IXMT MINI TOWER eh16/365 CD-1 172t 2,80390 1 Jan-95 16942 DELL 590rXMT '2054 2,863.00 1 Jan-05, 18928 DELL 5901XMT 8MG13651CO 0700 2,47200 1 Feb-95 22-Au0.01 16929 DELL59WXMT BMBl365 03tt 1,063.00 1 Fab-05 16872 ' DELL 5MXMT 1GIVIBM05 (ALAN) 1510 3,198.00 1 Fe4•95 30-SOP-00 . ' 16910 DELL 59=Ntr 8MO1385 CD-ROM (MICH 1510 2,603,00 1 , Feb-05 30-Sep-00 16322 DELL 59=MT 9219 2,873.00 1 Fah-95 20•AuQ•01 • 10346 DELL 59WIVIT 1410 2,01300 1 ' Feb-95 18321 DELL 59WXIf r 1420 2.613.00 1 Fob-95 18871 DELL. 5901XMT BMGr365 CD ROM (MARIE) 1510 2,594 00 1 Feb-95 17842 DECPC 4335X 4MB1270 DUAL CO 1721 3,901.77 1 Feb." 17001 DELL SGWIAT 8MG1365 2083 2,404.00 t Feb-95 17002 DELL 5901XI,4TSMG1365 2003 2,404.00 1 Feb-05 ' 17003 DELL OMNIPLEX PENTIUM IGNIG12G6 0802 5,590.00 1 Feb-05 17041 DELL PENTIUM OPTIPLEX XMT590. 9700 2,537.00 1 Apr-95 31•Mar•00' '17042 DELL PENT16PA OPTIPLEX XMT590 9700 2,537.00 Apr-95 17017 DELL 5901XMT BLIE065 2088 2,242,00 1 Apr-0y 5-Jul-0t 17019 DELL 590/Xhlr 8M61365 2088 2,242.00 1 Apr-95 5-Jul-01 17021 'DELL SWXMT BMW365 2088 2,242.00 1 , Apr-95 5•Jul•01 17022 DELL 59=MT SMBr365 2088 2,242.00 1 Apr-95 5•Jul-01 17023' DELL SOMIVIT BMMOS 2088 • , 2,242.00 1 Apr-95 5•Jut•O1 17014 CELL5MXMT8MW65 200B 2,242.00 1 Apr•05 54UH)l t7025 DELL 50D1XMT'8M8l365 2488' 2.242.00 1 Apr-95 5-Jut-01 17013 DELL 5901XMT 8MS1365 208B 2,242.00 1 Apr-05 5-Jul-01 17012 DELL 590/XMT 1351 3,042.00 1 Apr-05 22•Au0.01 17D18 DELL 5901XMT 32MBNAGB 2OB6 4,686.00 1'. Apr495 29-Aug•01 17013 DELL 5901XAIT . 1351 3,042,00 t Apr-05 17015 DELL OMNIPL[X PENTIUM 00 32M131528 2075 7,32300 t Apr-95 t7014 DELL ONINIPLEX PENTIUM 32MG5213 0882 7,315.00 1 Apr-05 1701G DELL ONMIPLEX PENTIUM 90 32AISW8 9862 7,323.00 1 Apr-05 .17038 TIMNHEAD LAPTOP 1351 2,106 DO 1 May-05 17048 PC OPTIPLEX Xh11590 9862 2,400.00 1 Jun-05 22•Au0.01 17020 DELL 5901XMT 1365 4,835.00 1 Jun-95 17045 LAPTOP PC TWINHEAD SLIMNOTE 5500 2176 2,305.00 1 Jun-05 1704D DELL 5901XMT 161.161528 0214 3,020.00 t Aug-95 10.Sup•01 ' 17049 DELL 590fWT 16810!528 9862 3,020.00 t Aug-95 17053 DELL 5901XM 8M81528 ' 9600 2,411.00 1 Aug-95 27•Au0.01 17054 DELL 5DOW4 BMS1520 9600 2,411.00 1 Au0.95 17061 DELL5901XM 6MS1526 tK300 2,411.00 1 Aug-05 17082 DELL 5901XA4 1721 2,385.00 1 Sep-95 24-Aug-01 . 17087 DELL 5901XM 1721 2,505.00 1 Sep-05 24•Aup-01 17089 DELLSWIXM' 1721 2,385.00 1 Sep-fly 24•Aup•01 17083 ' DELLS90/XM 1721 2,36500 1 Sep-95 170F4 DELL 59WXM 1721 2,305.00 1 Sep•05, 17065 DELL 5WXM 1721. 2,365,00 1 Sep•05 17060 DELL SOO/W 1721 2,365.00 1 Sep-05 17088 DELL 5901XM ' 1721 2,305.00 1 Sep-05 4052064 TYVINNEAD Sl,Ih1NOTE 575C 2064 2,204.00 1 Sep-95 • 30-Sep-013 17097 LAPTOP TWINHEAD SLIMNOTE 575C 0862 2,204.60 1 Sep•05 22•Au0.01 17056 TWINHEAD SL1MNOrE 575C 2064 2,204.00 1 Sep-95 17057 TWNVIEAD SLIMNOTE LAPTOP 2074 2,204.00 1 Sep-05 ' 17055 SL1h10TE 5750 0211 2,204.00 1 Sop-95 17058 DELL59MM 1570 4,71067 1 Sep-95 17050. DELL 5751XM • 1570 2,844.00 1 Sep'.05 17000 DELL 5751XM 1570 2,608.00 1 Sep-05 ' 17002 DELL 5901XM (TERRY FINCH) 2090 2,773.00' 1 Sep-95 " Acquisition Acquisition 'Acquislllon D1spOeltIOn ' Assal ID Dsscriptlon Own Cctr Cost Oty onto Date , 17064 DELL 590/XM BMBJ528 206A ' 2,36500 1 Sep-95 30-Sep-98, 4022064 DELL 590JXM OMB/520 2064 ' 2,30500 1 Sep•95 30-Sep-98 4032004 DELL 590/XM 81.0578 2064 2,303.00, 1 Sep-95 . 30-Sep•98 ` 17069 DELL 50WXM BM13628 2063 2,365.00 1 SOP-05 , 22•NIOV-00 17072 DELL 5901XM 0MB/528 2064 2,365.00.. 1 " Sep-95 22-Mey-00 17090 DELL SWAM SMS1528 2070 2,36500 1 Sep-05 22-May-do 17063 DELL 5901XM 8MBJ528 2064 2.305.00 1 Sep-95 29-AUg•01 17070 ' DELL 590JOP•OGX 32MBJ528 2075 5,072.00 1 Sep•95 ' 29-Aug-01 4012064 DELL 590JXM BMBJ528 2066 2.365,00 1 Sap-95 12-Sep-91 17030 DELL 512(VAM / 13l l - 5,522.00 1 Sep-95 17034 DELL 51201XMT 1311 5.522,M, 1 Sap-95 ' 17095 DELL 512(YXMT 1311 5,522.00 1 Sep•95 17096 DELL3120/XMT 1311 5,717.00 1 Sep•95 ' 17604 DELL'5120JXMT 1311 5,604.00 I Sep-05 ' 17035 DELL COMPUTER 590/AM '1510 2,365.0 f Sap-95 17036 DELI. COMPUTER 590X}d 1510 2.30500 1 SOP-05 ' 17601 DELL. C6MPUTER59DXM 1510 2,36500 1 Sep-95 17602 DELL COMPUTER 500XM '15113 2,305.00 1 Sep-95 , 17603 DELL COMPUTER 590XM 1510 2,305.00 1 Sep-05 17067 , DELL 59WM BM81528 2063 2,355,60 1 Sep-05 17070 DELL 5901XM 8MB4528 2063 2,36500 1 Sup-05 " 17029 DELL 5901XM 8MBJ528, 2064 2,36500 1 Sep•05 I 17078 DELL 5901XM SMB1528 2060 2,305 00 „ 1 Sep-65 17073 DELL 590/XM 8MBJ529 GSWTH .• 2074 2,30500 1 Sep-0 17028' DELL 59MM BMBJ52B 2178 2,305.00 1 Sop•95 . 1 17026' DELL 5901X1,! 0M8J528 9662 2.36500 1 Bap•05 j 17027 DELL 5901XM 8MB 528 9082 2,:!6500 1 Sep-95 17065 DELL 590/XM BMB157B 9892 2,385.00 1 SOP-05 17071 DELL 5001XM BMBJ528 . ` 0602 2,365.00 1 ' Sep-95 17074 DELL 5901XM 8MBJ528 0862 2,306.00 1 Sep•05 17075 DELL 59o1XM 8MBJ528 9862 2,30500 1 61-p•95 17076 DELL 5901XM OMB1528 BB62 2,365.00 1 Gep•95 ' 17080 DELL 56G/XM8h1B152B 9802 2,365.00 1 Sep•D5 17081 . DELL 5901XM 8MBJ528 9802 .' 2,305.00 1 SOP-05 . 17091 DELL 59WXNI 8M0628 SURPLUS 0862 • 2,305.00 1 Sap-95. 17002 DELL 590JXM 6MBJ528 0802 2,365,00' 1 56p•95 4042064 DELL 5901XM 0M131528 9862 2,365.00 1 Sep-05 4062064 DELL 5GOIXM BMBJ528 ' 9662 2,365.00' 1 Sep-05 17068 DELL 5901XM SM01526 8684 , 2,305.00 1 SOP-95 17098 ' HP 650C PLOTTER 2075 ' 6,035.00. 1" Sep-95 17068 DELL 5901SM 8MBJ528 2074 2,365.00 1 Sep-95 JID43 LAPTOP 9862 2,433.42 1 Oct-05 22•Aug,01 17031 DELL SiDOJXMT 32MBJ529 1322 4,807.00 1 Oct-05 17032 DELL 510o1XMT 37-MI31520 1322 4,807.00 ' 1 Oct-05 17033 DELL 51001XMT 32MBJ528 1322 4.807.00 1 Oct-05 ' 17612 DELL 51101X.1 BBM1528 2041 2,370.09 1 Oct-05 3-JuI.01 17605 DELL 5901XM SMS1520 '1579 2,333.00 1 Oe1.95 , 17099 DELL 51OOJXM 8MB1528 (JON r-, 1691 2,315.00 1 Oct-95 17625 DELL 5IO91XM SMB)528 (TERRY'S C t691 2,315.00 1 bct-95 , 17606 DELL 5901XM 8MBI528 (PASCO) 2072 2,370.00 1 Oct-05 ' 17507 DELL 590/XM BMB1520 (PASCO) 2072 2,370,00 1 Oct•D5 ' 117508 DELL 5901XM 8MBJ528 (PASCO) 2072 2,370.00 1 Oct-05 17809 DELL 5901XM BM61528 (PASCO) 2072 2,370.00 1 Oct-05 17610 DELL 5t1IN1(M SM13152i (PAS CO) 2072 2,370.00 1 OCI.05 17611 DELL 59MM BMBJ528 (PASCO) 2072 2,370.00 1 OCt•05 .17852 DELL PCIIVIMONITORIGN1B1528CO 0802 2,75800 1, Nrav05 30•Sep•08 17634 DELL PC WIMONITOR 9882 2.7GO,Op' 1 Nov-05 22-Aug-01 17050 DELL PC WJMONITOR 4802 •2,760.00 1 Nov-95 22-Aug.O1 17651 DELL PC WIMONITOR 0862 2.758.00 1 NOW-95 22•Auq•01 17654 PC WIMONITOR,DELL IUMB1528 CD 9062 2175000 1 Nov-05 22•Au0.01 17655 DELL PC WIMONITOR IOMW528 CD 0862 2.758.00 1 ' NOV-95 22-Aug•O1 ' 17650 DELL PC WIMONITOR IGMBJ528 t 0802 2,758.00 1 Nuv-95 224u0.01 . % Acquisition Acquisition Acquisition Disposition " • Assa110 Description Own Cott Cost Qty Date Date 17050 DELL PC VVMONITOR 16Ma/52e.CD 9802 2,750.00 1 Nov-95 22•A0g-01 17035 PC DELL WIMONITOR 8602 2,758.00 1 Now-95 22-Aug-01 , 11642 CELL PC WAtONITOR 6MEG MARSHALL ST 1351 2,284,00 1 Nov-95 17643 DELL PC WIMONITOR BMEG NORTHEAST O 1351 2,284.00 1 Nov-95 17644 DELL PC W940NITOR 61JEC EAST CPS 1351 2,284.00 1 Nov-95 17053 DELL PC WIM0111TOR 48M8618 CD 9682 2,758 00 4 Nov-95 ' 47060. DELL PC 5100AfM 16MI31520 CD +9862 2,75800 1 Nov-05 17661 CELL PC NIMONITOR ATAMBONE 9862 ' 2,753.00 1 Nov-95 , 17033 DELL PC WIMONITOR 0862 2,758.00 1 Nov-95 17618 DELL P C WIMONITOR 1570 2,284.06 1 Now-95 17610 DELL P C WIMONITOR 1570 2,764.00 1 Nov-95 11057 DELL PC WIMONITOR 51001GX1.1 1014 2,284.00 1 Nov-95 17058 DELL 51001GXM 1619 2,284.00 t Nav05 17817 DELL GMr51OD PC d MONITOR 9862, 2,28406 1 Nov-05' ` 17690 LAPTOPOX4.754WO . 1340 3,475,D0 1 Nav85 178813 LAPTOP DX4.75 41620 2051 3,475.00 1 Nov-95 ' 17004 PCWERB001t 5300 BY h1ACINTOSH NC 9215 4,049.00 t Nov-05 30-Sep-9a 136 Purchase Year 1995 $ 395,189.86 $ 2,905.81 Per Unit 17671. DELLPCVVM0NITOR 2083 2,204.00 1 Jon-913 5-Jul-01 17670 DELL PC WrMONITOR PRYOR 2083 2,284.00 t Jon-98 " 17672, DELL PC WIMONITOR (HODGE) 2083 2,28400 1 Jan-90 17841 DELL PC W?,1OtJl7DA D MEG UPGRADE 2 2084 2,554.00 1 Jan•00 17673 DELL PO W.'MONITOR 2084 2,284.00 1 Jan•0ti 17009, DELL PC WIMONITOP. 2087 2.25400 1 Jan-96 . 17621 BONNIE•S PC DELL 133MHZ b MONITOR 9802 2,513.00 f Jap-96 17022„ DELL G SERIES, 133 MHZ PC d W62 2,513.00 1 Jan-90, 17174 DELL 5133 PC 9862 2,513,00 1 Jon-go 30-Sep;08 17172 DELL 5133 PC 0862 2,51100 1 Jon-96 22-Aug-01 17177 PC COMPUTER DELL PENTIUM 193 MHZ 9802 2,613.00 1 ' Jan-06 22-Aug-01 , 17180 PC COMPUTER, DELL PENTIUM 133MHZ 0802 '2,51350 1 Jan-96 20-Aug-01 17170, DELL 563 PC 9062 2.613.00 1 Jan•96 1717i CELL 5133 PC 9802 2,513.00 1 Jan-96 17173 DELL 6133 PC 9882 2,513.00 1 Jaw96 17175 DELL 5133 PC 9802 2,51300 1 Jon•98 " 17178 PC COMPUTER, DELL PENTIUM 133 MHZ 0002 7 2,51100 S Jan-66 171 78 PC COMPUTER, DELL PENTIUM 103 MHZ 9802 2,513.00 1 Jan-go i7170 CELL PENTIUM 133 MHZ 'KDOWNS 9B 32 2,51100 1 Jan-90 17075 DELL PC WMON17OH (Nancy) 1210 3,223.50 1 J411-96 17874 DELL PC WWON11`014 (Cindy) 020' 3,223.50 t Jan•06 17020 DELL OPT IPLEX OMT5133 P C d MONITOR (1802 2,51300 t Met-06 22-Aug-01 17045 Dull 1WVGXMPSCHULTZ 1351 3,100,13 1 Mor•00 t7085 f)'ELL PC WIMONITOR 6 MB UPGRADE S4 1570 2,857 00 1 Mar-06 182W DELL PC W MONITOR 3 COM CAIRO 0802 2,403 G3 f ' Mar-90 . 3-Mar-00 17178 DELL PC W/MONITOR 7-CUM CA140 0862 2,40300 1 Mat-uo 20-Aue•Ot 11708 DELL PC WfMONITOR 3-COM CAM 9!!62 2,40300 1 Mar-06 . 20-Aug•01 1W105 DELL PC WIMONITOR 3 CQIA CARD 0802 2,40300 1 Mnn06 .20-Aug-0i 111209 DELL PC W:h1QN1TOI13-CC)?A CARD 9602 2,40300 1 Mar•96 20-Aug•01 10246 VELL PC WICD-ROM MONITOR a 3COM C 0862 2,53200 1 Marge 20-Auq•01 10208 DELL PC W11:0-RCM MON17014 R 3COA1 C 0802 2,532.00 Mar-Do 22•Au0.01 10216 DELI, PC WICD•ROM h1ONI fOR 1t 3{;01.1 C 0662 2,53200 f Mar-96 22•Aug•01 16245 DELL PC WtCO-ROMYONi7Oit63COM C 01!02 2,53200 1 Mar-98 22-Aug-01 10251 DELL PC WIh1ON11OR4 3•COM CARD 0602 2,40 00 1 Mar-90 22•Auo•ut 17777 DELL PC WIM06 101t ; -CAI CARD 1721 2,403 00 1 Mar-06 16240 ' DELt. f'C WWONIfOf2 3COM CARD 0216 •2,40300 1 Mar-96 18252 DCLL PC WIVIONIT016 3•GOM CARD 0:10 2,40300 1 Mar-Do " 17100 DELL PC V11C0•110M MONIT014 d 3COM C 6802 :1532.00 1 lAar•00 10200 DELL PC WIC0-ROh1 hIQNITOR 3 3COIA C oon2 2,(,32 o0 1 hlar•96 18207 DELL PC WIMONII0A 3 CLAM CARD 0002 2,40300 1 Margo-' 18241 DELL PC WfCD•RQh411AMTOfi A 3COM C 9602 2,532.00 I Mer-00, .18242. DELL PC WICOMOM MONITOR a 3CQ1`J C 9002 2,53200 1 Mar•90 % r Acquisition Acquisition Acquisition Disposition ' AssatlD Description Own Celt Cost' Oty Data Date ` 18246 DELL PC W1MONl7DR 3-COM CARD 9862 2,403.00 1 Mar-90 18250 DELL PC WICD-ROM MONITOR d 3COM C 9662 2.532.00 I . Mar-90 ' 18297 DELL PC WICD•ROt4 MONITOR (Alien) '0862 " 2,53200 1 M41r.96 10298 DELL PC W1CD•ROM MON1TOP (Pamela) 9802 2,532.00 1 Mar-9Q 16299 DELL PC WIMONITOR 3-COM (S.Shuforti) 9862 2,403.00 1 Mar-96 18305 pELL 5100 0862 2,738.00 Mar-90' 20•Jun•011 17788 DELL 5100 9642 2,339.00' 1 Mar-90 20-Aug-01 ' 17078 DELL 5100 9862 2,730.00 1 Mar-90 .'' 22-Aug•01 ' ' 17711 DELL 5100 9882. 2,609.00 1 Maf-90 22-Aug-01 27721 , DELL 5100 9862 2,609.00 1 Mar-94 22-Aug-01 ' 17742 DELL 5100 9862 2,736.00 Mar-96 22-Aug•011 17744 DELL51DO 9882, 2,609.00 1 Mar-96 22-Aug-01 17745 DELL 61 00 9862 2,339.00 1 Mar-96 22-Aug-01 ' ' t77151 DELL 51DO 9862 2,738,00 1 Mar-90 22-Aug-01 17752 DELL 6100 ' 9662 2,338.00 r Mar-90 22-Aug•01 17153 DFLL 51 D9 9862 2,809.00 Mar-96 22•Aug•01 17754 DELL 8100 , 9862 2,339,00 1 Mar-93 22•Aug-W $7758 DELL 5100. 9882 1,738.00 1 Mar-96 22-Aug-01 $8012 1)ELL 51 9802 2,609.00 1 Mar-06 22-Aug-01 • 18223 DELL 51 DU 9862 2.339.00 1 Mar-00 22-Aug-di 16236 DELL 5200 9862 2,339.00 1 M1106 ' 22-Aug-01 111235 0E1 L5100 9662 2,339,00, 1 klar-96 22-Aug-01 , 10244 DULL 5100 9807. 2,738.00 1 Maf•96 22-Aug•03 ' 10211; DELL 6100 98112 2,609.00 1 Mar-90 22-Aug-01 ' 16,00 OPLL$IDO 9882 2,609.00 1 Mar-90 22•Au0•01 111209 DUL 6100 9862 2,73800 1 Mar-96 22-Aug-01 10270 DRI. a100 .0862 ' 233800 t Mar-96 122-Aug-01 16;711 D1:LI.5100 ' 0862 2,738.00 1 Mar-98 22-Aug-01 182)3 DELL 61D0 9882 2,60900 1 Mar-90 ;22•Aug•pt' 102711' DELL 5100 '9862 2,609.00 Mar-Do 22-Aug-Oi 1H271 DELL 8100 9862 2,73800 t Mar•06 22-Aug-01 t6278 DELL 6100 11882 2,730.00 1 Mar•98 22-Aug 01 18770 (71:LL6it10 9802 2,730,00 1 Mar-96 22-Aug-01 1620rI1 DELL 000 9862 2.609.00 1 Mar•06 22•Au0.01 ' 111261 VELL4100 '0862 2,609.Do 1 Pdor-96 22-Aug-01 102113 61:LL Dion 9062 2,736,00 1 Margo 22-Aug-01 , $6284 DELL 5100 9862' 2,609.00 i Mar-DO 22-Aug-01 , 18285 L3CLL 6100 9802 1,609.00 T Mat 06 22-Aug•01 18206 VIiLL 0100 0862 2,609.00 1 Mar-06 22-Aug-01 18281 DCLL6100 9802 2,809.00, 1 Mar-96 .22-Aug-01 18301 DELL, 51 W. 9862 2,600.00 1 Mnr-96 22-Aug•D2 1N30J DELL 61)0 0062 2.60900 1 Mar-00 22•Aug-01 ' 18070 (}u11P,6(1JIDO IOhl Compirinr 0002 2,6)1.00 1 Mor-98 22-Aug-01 18262 DULL GICKI • 1657. 2,73800 1 Mar-96 17677 " DELL 0100 9662. 2,609.00 1 Mar-98 17070 DELL 6100 9662 2,730.00 1 Mar-90 17407 DELL 5100 , 08(12 2,738,00' 1 Mar-Do 17000 DELL 5100 91102 2,339.00 1 Mar-98 17099 0E Lt. 5100 0002 2,33000 1 Mar-Do .17700' DELL 71W 0862 2,609.00 1 Mar-96 ' 177131 ULLL 15106 gn62 2,539 00 1 Mar-90 17702 DOLL 51011 0002 2,609.00 1 Mar-90 17703 DC LL 0100 0802 2,009,00 1 Mar98 17704 DELL5100 U86, 2,60900 $ Mar-96 17700 L1E,LL 0100 • , 0002 2.738.00 1 Mar-99 ' ,17700 DELL SIM (1842 2,009.00 1 Mar-98 17707 DELL 5 01102 2,73800 1 Mar-96. 17108 DOLL 6100 9062 2,60900 i Mar-90 17700 DELL 619(1 01102 2,339,00 S Mat-96 17716 IXi L5106 01162, 2,80900 1 Mar-96 17712 DELL 0100' 9002 x,339 OD I Mar-90 1771 Zi DELL 6100 W02 2,60900 1 htor•96 f Acquisition Acquisition Acquisition Disposition Asset ID Dsserlption Own Celr Cost aly : Doti Date 17714 DELL 5100 9862. 209 00 S Mar-90 17715 DELL 5100 9862 2,339.00 1 Mar-96 • 17710 DELL 5100 .9882 2,539.00 1 Mar-96 17717 DELL 5100', 9862, 2,339.00 1 Mar-96 • 17718 DELL 5100 9862 2,73800 1 Mar-96 , 17719 DELL 5100 0862 2,339.00 1 Mar-96 17720, DELL5100 9862 2,738.00 1 Mar•96 17722 DELL 5100 D862 2.609.00 1 Mar-.90 ' 17723 DELL 5100 9862 2,758.00 1 Mar-90 " 17724 DELL 5100 0862 2,339,00 ' 1 Mar-GO 17725 DELL 5100 9882 2.609 00 1 Mar-00 51D0 ' 17726 D 9802 2,738.00 1 Margo . 17727` DELL 5100• 9862 2,350.00 1 Mar-96 17728 'DELL$100' 9602 a 2,339,00 1 Mar-06 i 17729 DELL 5 • 9862 2.339.00 1 Mar-96 17750 DELL 5100 9802 2.730.00' 1 ' h7nr•90 ' 17731 DELL 5100 9862 2,738.00 1 .. Mar-96 17732 'DELL 61 00 9862 2,736.00 1 Mar-96 17733 DELL 5100 9862 2,336,00 1, Mar-90 '.' 17734. DELL 5100 9852' 2,339.00 Mar-96 ; 17735 DELL' 5100 9662 2,539.00 1 Mar-06 '17730DELL 5100' 9802 2,339.00 1 Mar-90 ' 17737 DELL 5100 9602 2,339.00 1 Mar-00 17738 DELL {100 98132 2.339.00 Mar-90 ' ' 1173D DELL 5100 9662 ' 2,609,00 1 Mar-90 . ' 17740 DELL 5100 9802 2,609,00 t Mnr-08' 17741 DELL 5100 9802 2,339.00 S Mar-W 17743 DELL 5100, 9882 2,609,00 1 Mar-D6 ' .' 17746 DELL: 5100 9662 2,738.00 1 Mnr-D6 17747 • DELL 5100 9862 2,609,00 1 Mar-00 17748, DELL 5100 0802 2,009,00 1 Mar-00 17749 DELI. $100 0802 2,738.00 1 ' Mar-96 17750 DELL 5100 9852 2,600.00 1 Mar-96 17755 DELL 5100 9862 2,609,00 1 Mar•od 17757 ,DELL51DO 9862 2.730.00 1 Mar-96 17759 DELL 5100 9882 2,339.90 1 Mat-go 17760 DELL 5100 4802 2.609.00 1 Mar-06 17761 DELL 5100 9862 2.600.00 1 Mar-00, 17762 DELL Si DO 9862 2,738.00 1 Mar-96 17783 ' DELL 5100 0862. 2.600.00, 1 Mar-Do 177B4 DELL 5100 ' 9862 2,330,00 1 Mar-96 ' 17765 DEL! 51W 0662 2,339.00 1 h1ar•96 17766 DELL 5100 0867 2,735.00 1 Margo , f 17767 DELL 5100 .. 0862 2,339.00 Mar-98 17769 DELL 5100 9862 2.339.00 1 Mar-96 17770 DELL $100 " 9002 21339.06 S Mnr•06 17771 DELL 51 DO 0862 2,33900 1 Mar-06 V772 DELL 5100 91302 2,339.00 1 Mar-96 17773 DELL 5100 9062 2,339.00 I Mar-06 17774 DELL 5100 0862 2,339.00 1 Mar-06 17775 DELL 5100 0682 2,339.00 ". I Mar-98 17776' DELL 5100 9662 2,728.00 1 Mar-96 17770, DELL 5100 0802 2,600.00 7 Mar-99 17780 DELL 5100' i 0802 2,009.00 1 Mar-96 17161 DELL 5100 0862 2,609.00 1 Mar-06 17782 DELL 5100 9862 2,609.00 1 hiar•46 17783 DELL 5100 9802 , 2,800.00 1 Mar-Do 17784 DELL 5100 9802 2,609.00 1 Mar•D8 17785 DELL 5100 9802 2'339 Do liar-go 17780 DELL 6100 ' 9002 2,339,00 1 Mar-98 ' 17787 DELL 5100 0902 2,33000 1 Mar-46 17708 DELL 5100 0802 2,339,00 1 Mar-00 ` Acquisition.. Acquisition Acquisition Disposition Asset ID Description. own Cctr Cost ally Date Dal* 17789 DELL 5100 9862 2,339,00 1 'Mar-00 ' 17790 DELL 5100 9802 2,335.00 I Mar-90 17701 DELL 5100 N62' 2,339.00. 1 Mar-90 ' 17792 DELL 5100 9862 2,330,00 1 Mar-90 • 17793 0ELL 5100 9862 2,339.00 1 Mnr-OB 17704 DELL 5100 9802 2.339.00 1 Mar-90 17795 DELL 5100 9862 2,339.00 1 Mal-06 • 17700 DELL 51 DO 9882 2,339.00 1 Mar-90 17797 DELL 5100 9662 ' 2,738.00 1 Mar-96 18011 DELL 5100 9082 2,609.00 1 Mar-00 ` ' 18211 DELL 51 DO 9862 2,738.00 1 Mar-90 18212 DELL 5100 .9862 2,738.00 1 Mat-00 ' 18213 ' DELL 5100 9862 2,738.00 1 Mar-90 '1921i' DELL 3100 9862 2.609 Do I Mar-05 ' 18215 DELL SIDO 9862 2.33900 1 Mar-98 18216 DELL $I DO' 9062 2,339.00 1 Mat-90' 18217 DELL 5100 9862 2,333,00 t Mar-00 10218 DELL 5100 9862 2,339.00 1 Mnr•06 182t9 DELL51DO 08(32 ' 2.730.00 1 Mar-Do 18220 DELL 5100 9802 2.609,00 1 Mar-110 18221 DELL 51 DO 9862 2,758.00 1 Mer•9ri 18222 DELL 5100 '9862 2,339.00 1 Mar-90 18224 DELL $100. 9502 2.339.00 tl Mar-90 18225 DELL $100' 9802 '., '2.33900 1. Mar-96 18220 DELL 5100 9862 2.609.00 1 Mar-9{S 18227 DELL 5100 9862 . 2.330,00 1 Mar-96 , 16228 DELL 5100 9862 2,809.00 1 Mar-00 10229 OELL5100 ,. 9402 2,939,00 i fr1nn ,a. '18231 DELLSi00 0802 2.336.00 1 Mar-90 18232 DELL Si DO 0882 2,609.00 1 Mar-00 18233 DELL 5100 9862 2,736,00 - 1 Mar-96 18234 DELL 5100 , 0862 2,738.00 , 1 Mar•90 18236 DELL $100 0692 2,738.00 i Mar-U5 18237 DELL 5100 9882 •2,330.00 t Idnr-06 18230 . DELL 5100 0602 2,609.00 1 Mar•96, t8239 DELL 5100 0802 2,339.00 1 Mar-D0 18248 DELL 5100 0862 2.609.00 .1 Mar-06 . 18243 DELL 51DO 0602 2,73800 1 mm-06 10253 DELL 5100 D6D2 2,738.00 1 Mar-06 18254 DELL 5100 9862 2,339.00 1 Mar-DO 18255 'DI=LL StOO 9BB2 2,000.00 1 Mar-96 18256 DELL 5100 9662, 2,330.00 1. Mar-Do 18257 DELL 5100 9862 2,339,00 , 1 Mar-%)G 18258 DELL 5100 OB62 2,339.00 1 Mar-98 18259 DELL 5100 9862 ., 2,609.00 1 Mar•90 . 10260 DELL 5100 17 OWNS ESHANNAH 9802 2,609.00 1 Mar-98 ' 10261 DELL 5100' 0802 2,609.00 1 Mar-90. 18262 DELL 5100 ' 0802 2,609.00 1 Mar-00 18283 DELL 5100 9BB2 2,009,00 1 I lar-00 18264 DELL 5i00 9062 2,609,00 1 f.1ar-08 10285 DELL 5107 r 0802 2,889.08. • 1 mw-96 18269 DELL 5109 0862 2.600.00 1 Mar-98 18272 DELL 5100 9802 2,800 00 1' filar-08 ' 18274 DELL 8100 0862 2,609,00 1 mm-DO 18275 DELL $100 9862 2,80900 I Mar-98 18280 DELL $100 0862 2,60900 1 Mar-00 ' 18280 DELL 5100 08611, 2.009.00 1 Mar-96 18290 DELL 5100 9802. 2,609.00 1 Mar-00 18291 DELL 51 DO 0802 2,009,00 1 . Mar•96 18202 DELLSIOD 9882 2,009.00 1 " f.tar-06 162D3 DELL $190 0862 2,600.00. 1 f.1ar•00 18204 DELL 51 DO OB62 2,609,00 1 ft-96 % r= , Acquisition Acquisition Acquisition Disposition Asset ID Doseription Own Cctr Cost Oty paw Date 18295 CELL 5100 9862 2,60900 1 Mar•90 • 18290 DELL 5100 9862 2.609,60 1 Mar-96 18300 DELL 5100 9862 209 00 1 Mnr•96 18302 DELL 5100 9862 2,00900 t Mar•96 ' 18304 DELL 5100 9862 2,73800 1 Mar-96 18300' DELL 5100 9862 2,60900 1 , Mar-96 18307 DELL 5100 9862 2.60900 1 Mar-96 ' 18308 DELL 5100 9802 2,607.00 1 Mar-90 18309 DELL 5106 OB62 2,009,00 1 Mnr•96 18310 DELI. 5100 9862 2.73800 1 ldar 96 77687 Goleriiay 2000 S5-90XL Sols Mullimeda 1570 4.5H2.00 1 Mar-98 30.Sep•08 17648 Dell 5133/GXM ' 9862 2,783 OD ' 1 Mar-96 18004 CELL PC WIMONI tOR E NIC 9862 2,513.00 1 Apr•96 22-Aug-01 18005 DELL PC WlAIONITOR 6 NIC 0862 2,513.00 1 Apr•06 22•Aug-01 18007 DELI. PC VVINIONITOR 6 NIC 9662, 2,513.00 1 Apr-66 . 22-Aug-01 ' 18008 13 11 PC whnonitor S NIC 9862 2,51300 1 Apr-08 22-Aug-01 18002 DELL PC Wlh1GNITOR-133MHZ S NIC 9662 2,513,00 1 Apr-90 18003 DELL PC WrMONITORl141;D1ANE.R) 9862 2,51300 1 Apr•96 18906 DELL PC V43JONITOR S NIC 9862 2,513.00 1 Apr-90 17681 DELL PC I61dB RAM, 1GO HARDORIVE 15' 2064 2,683.00 1 Jun-96 17680 DELL PC I G ms RAM, 1 GB HR OR COOMBS 2065 2,683,09 I Jurt•9B' 17756 DELL 5100 9862 2,609.00 I 'Jun-go 22-Aug-01 19078 DELLS 51611IGXMT 1721 5,448,00 1 Jul-96, 20037 Computer V6biwauon• 1721 3,209.01 1 Jul-06 24-Aug-O1 18312 Delt 51681GXMT w,basa 1570 2,050.00 1 Ju1.96 18975 DELL 5166113VAT WIIIASE 1570 9,254,00 L Jul-DO 18338 Dell 5166IGMT 16MB, tGB HD 1420 2,520.00 1 Aug-96 18977 DELL LATITLDE LOPTOP COMPUTER ' 6531 4,364.90 1 Sep•90 18978 DELL LATITUDE LAPTOP COMPUTER 6531 4,364.00 1 'Sep-DO 18337 Deli 51661GMT , 9700 2,782,00 I Sep-00 26-Apr-00 17682 DELL 5166lGMT 9600 2,B37.OD 1 sap-06. 171583 DELL51OWGMT „ 9690 •2,037.00 t Sep•00• , 17684 DELL 51081GMT •9600 2,637,00 1 Sep•96 18342 DELL 51661GKMT MINITOWER Wl2MB VRAM 9812 3,508.00 1 Sep-96 18373 DELL OPTIPLEX 5160 COMPUTER 9821 5,450,00 1 Sop-96, 18353 Dell 51661GM, 16MB. I GO 1113' ' 2051' 2,461.00 1 Sep•96 1834 t DELL LATITUDE NOTEBOOK 6670 4,206.00 t 00.96 18340 DELL LATITUDE NOTEBOOK 9920 4,200 00 1 Oct•96 18354 DELL LATITUDE P 133 NOTEBOOK 1371 3,900.00 1 OCI.96 18339 DELL OPTIPLEX P5160 6531 3,364.00. 1 Dee-GO 24`Apr-01 18370 5100 DELL CP CBORDEN 1351 2,01000 1 Dec-DO tt1377 5106 DELL COMPUTER MS MECHANICS 1351 2,410,00 f Doc-go 18981 5166 DELL CP D SPANO 1391 2,01000 1 Dec-Do 18356, DELL COMPUTER (BILL I IILD) 1371 2,01a 00 1 Dec•96 18357 DELL COMPUTER (MIKE HANCOCK) 1371 2,61000 1 Dec`96 16358 DELL COMPUTER (C. YELLIN) 1371 2,650.00 1 Dee-96 18359 DELL COMPUTER (MARCIA) 1375 2,610.00 1 Dec-96 18345 5166 DELL COMPUTER' ' 9219 2,785.00 1 De -96 18996 Dell Optiplex 0231 2,300.00 1 Dec•06 18364 , DELL OPTIPLEX 5166 DESKTOP 9600 2,180.110 1 Dec•96 20•Jun-01 16379 CELL OPTIPLEX WIMONITOR 0600 2,180.00 i Dac•110 27•Aug,01 18353 DELL OPTIPLEX GXM100 PIC + MONITOR 9231 2,18000 1 Dec•06 18985 DELL LATITUDE LM P133 ' 9962 3,78200 1 Dec-06 22`Aug•01' 281 Aurcho5a Year 1996' S 738,434.14 S 2,627.68 ' Per Unit 1834-0 DELL 51613 PENTIUM COMPUTER 1570 2,252.00 1 Jan•97 30-Sep-00 18347 DELL 5160 PEMTIUhl COMPUTER 1570 2,252.00 1 Jnn•97 18348 DELL 5160 PENTIUM COMPUTER 1570 2,252.00 1 Jnt147 ; 18385 DELL 1WO OPTIPLEX 9662 2,226.110 1 Jan-07 13386 DELL P166 OPTIPLEX 9802. 2,226"00 ! Jan`97 ' 18367 DELL P168 OPTIPLEX 9862 2,22000 1 inn-97 ; % Acquisition AcquWflon Acquisition Disposition Assst IO Osscriptlon Own Cctr Cast Qty onto Data 18388 DELL P W 0PTIPLEX 9802 2,228.00 f Jan-97 1IM35 MAC PERFORMA 8760 POWER PC 1371 1,518.00 1 Feb-97 3D•Jun•00 „ 10313 NOTEBOOK CANON 1220. 1,999,99 t Feb•97. NKNOWN NOTEBOOK CPU t220 1,999.99' 1 Feb-I)7 18025 MAC C5RFIRNA 6360 POVIER PC 9215 1,548.00 1 Feb-07 27-Mar-00 18025 'COUCH SCREEN FOR MAC PERFORMA636t 9215 1,223.00 1 Feb-97 i0-Sep-00 ' 18379 DELL OPTIPLEX GXPRO WiMONITOR b 5 1612 2,952.00 1 Mnr-97 10381 TECRA730WJ32MEG,CDROM 0662 5,27600 1 Mar-07 22-Aug-Of ' 111382 TECRA 73GCDT Wit 6,053.00 1 Mar-07 18368 DELL 6200013 GXPRO PENTIUM PC Wr32 N 0882 2,301.DO 1 Apr-97 22-Aug-01 18369 DELL 62001 OP GXPRO PENTIUM PC W132 M 0882 " 2,30100 1 Apr-97 22-Aug-al 16370 DELL 62001 OF GXPRO PENTIUM PC W132 N OB62 2,301.00 1 Apr-97 ' 22-Aug-O% ,18371 DELL 6200 Wf32 MEG AIEM 9602 2,301,00 1 Apr-97 22-Aug•01 18372 DELL 0200! OP GXPRO PENTIUM W32 ME 8802 2,301.00 1 Apr-97 22-Aug-01 18383 OPTIPLEX GXPRO 9962 2,301.00 I ,. 1 Apr-117 22-Aug•04 18395 DELL 620010P GXPRO PENTIUM PC W11" 9862 2,301.00 1 Apr-97 22-Aug•01 1&196 DELL 02001OP GXPRO PENTIUM PCAV 16 9802 2.301,00 1 Apt-97 22•4up•03 ' 18409 . DELL 820010P GXPRO PENTIUM PC W116 M 9882 2,301.00 1 Apr-07 22-Aug-01' ' 18410 DELL 62MOP GXPRO PENTIUM PCIW 16 9862 2,301.00 1 Apr.97 22-Aug•01 18411 DELL 62001OP GXPRO PENTIUM PCIW 16 9862 2,301.00 1 Apr-97 22-Aug•01 18412 DELL 620010P GXPRO PENTIUM POW 16 0662 2,301.00 1 A007 22-Aug-01 1B413 DELL 620LVOP GXPRO PENTIUM PCAV W 0002 2,301.00 1 Apr-97 22-Aug-01 18416 DELL 620010P GXPRO PENTIUM PC W. 9862 2,301;00 1 Apr-97 22-Aug•01 ' 18417 DELL 62170100 GXPRO PENTIU161 PC W. 9802 2,30100 1 Apr-07 22-Aug-Of 18416 DELL 6200 OP GXPRO PENTIUM PC V1116 1J 0862 2.301,00 1 Apr-97 22-Aug-0i 18421 DELL 02UNOP GXPRO PENTIUM PC W1 IS Y 9862 i 2,301.00 1 Apr-07 22-Auq-Ol I 18423 DELL 02001013 GXPRO PENTIUM PC With 1+1, 9802 2,301.00 1 Apr-07 22-Autl Of 18424 DELL 62MOP GXPRO PENTIUM PC W110 N 9862 2,301,00 1 Apr-97 22.Aug-0% ' 18428 ' DELL 0200 OP GXPRO PENTIUM PC W115 M 9862 ; 2,301.00 1 Apr-97 22-Aug-01 18427: DELL 02001013 GXPRO PENTIUM PC W116 M. 9862 2,30100 1 Apr-97 22•Aug-Ot 18428 DELL 02001013 GXPRO PENTIUM PC Wr36 M 9862 2,301.40 I Apr-07 22-Aug-Ot , ' 18416 DELL 620U1OP GXPRO PENTIUM PC W116 N 2064 2,30100 1 Apr-97 f 8425 DELL 620GVOP GXPRO PENTIUM PC WJI8 Ar 9862 2,301.00 1 Apr-97 18360, TOSHIBA TECRA 730 COT 9219 5,30300 1 Apr-97 19360 DELL 51061G:<lM 1721 " '. 2,281.00 1 Apr-97 19301 DELL 5166lGXIM 1721 2,281,00 1 Apr-97 19362 DELL 5160rGXIM 1721 2.281.00 1 Apr-97 19363 DELL 51661GXIM 1721 2,201.00 1 Apt-97 ' 19304 DELL d1667GxIM 1721 2,281 W 1 Apr-91 ' 19365 D7ELL 5166rGM&I 7721 2,281.00 1 Apr-97 WHO DELL 51601GX1M 1721 2,281.00 1 Apr-97 19367 DELL 516B1GXIM 1721 2,281.00 1 Apr-07 19368 DELL51661GXIM 1721 2,281.00 1 Apr•97 16390 DELL LATITUDE 10TESOOK 1351 • 4,51000 1 Apr-97 18392 DELL OPTIPLEX 9210 2,575.00 1 May-97 19378' DELL 514610X %721 2,094.00 1 Moy07 19379 DELL 5166rGX 172( 2,094 00 1 May. 97 .18384 62001 Op GX PRO IOMErG, 2GIG. CDROM 1721 2,552.00 1 May-97 }8429 DELL 0200 OFITIPLEX OX PRO 2MMUZ Wl: 2083 2,552.00 1 May-97 19381 LAPTOP TOSHIBA 2074 21099,00 % May-07 ' 18430 LAPTOP COMPUTER - TOSHIBA 73OXCDT 9211 8,975.59 1 Jun-97 24-Apr-01 18430 LAPTOP COMPUTER - TOSHIBA 73OXCDT 0510 5,075.59 1 Jun-97 18115 DELL OPTIPLEX GX PRO 0802 2,407.00 1 JUI.07 18116 DELL OPTIPLEX GX PRO 9802 2,48r,00 f Jul•07 ' 18117 DELL OPTIPLEX GX PRO 9802 2,487,00 1 Jul-97 181 %8 " DELL OPTIPLEX GX PRO 9862 2,487-00 1 ', , Jul•97 ' 18119 DELL OPTIPLEX GX PRO 9882 2,487.00 1 Jill-97 18033 DELL PENTIUM COMPUTER 9802 2,487.00 1 JW,97 22-Aug•01 18014 DELL PENTIUM COMPUTER 9862 2,487.00 1 Jul-97 21-Aug-01 . 18015 DELL PENTIUM COMPUTER 9862 2,487,00 1 Jul-97 22•Aug•01 18016 DELI, PENTIUM COMPUTER 9802 2,467.00 1 Jut-97 22•Aug•Ot 18017 DELL PENTIUM COMPUTER G862 2,487.00 1 Jul-97 22-Aug-01 % , - Acquisition Acquisition Acquisition Disposition Atset 10 description Own Cetr Cast Oty Date Date IBM DELL PENTIUM COMPUTER 9862 2,487.00 1 Jul-97 22-Aug-01 ' '.10010 DELI. PENTIUM COMPUTER 9862 2,487.00 1 Jul-97 22-Aug-01 t0020 DELL PENTIUM COMPUTER 9802 2,48100 1 Jul-97 22-Aug-01 18021 DELL PENTIUM COWILITER 9862 2,467.00 l Jul-97 22•Anq-61 .18022 DELL PENTIUM 9862 2,487.00 1 Jul-97 22-Aug-01 ' 18023 DELL PEh(TfUM COMPUTER 9882 2,487.00 1 Jul-D7 22.4up•01 18024 DELL PENTIUM COMPUTER 9862 2,487,00 ' 1 Jul-97 22-Aug-01 18085 DELL 6200V OP PSI (HLANIER) " 9862 2,487.00 1 Jul-97 22•Au0.01 10086 , DELL 620WOPPSI(RSMITH) 9862 2,487.00 1 Jul-97 22-Aug-011 10087 DELL 020010P PSI tMRAHIM) 9862 2,487.00 I Jul-97 22-Auq•Ot ' 18088 DELL 620CVOP PSI (MCASEO 0862 2,487.00' 1 Jul-97 22•Auq•OI 180116 DELL 020010P PSI (OTENNELL) 9862 2,481,00 1 Jul-97 22-Auq-01 18113 DELL OPTIPLEX GX PRO (TRAtN1NG) 9862 2,487.00 Jul-07 22-Aug-011 16114 DELL OP71PLEX GX PRO (TRAINING)' 9862 • 2,487,00 1 Jul-97 22-Aug-01 ' 18107 DELL PENTIUM COMPUTER 9862. 2,4117.00 1 Jol•07 22.Au9.01 18194 DELL PENTIUM COMPUTER 9862 2,487.00 Jul-97 22•Auq•OI 18105 DELL PENTIUM COMPUTER 9862 2,487.00 1 Jul-07 22•Auq'01 16198 DELL PENTIUM COMPUTERS 9062 2.467Ao 1 Jul-07 22-Aug•01 ' 18089 DELL 620010P PSI(TRACKETT) 9862 2,487.00 1 Jul-07 18090 DELL 620010P PSI (GDANIEL) 9062 2,487.00 1 Jul-97 ' IB091 DELL 020010P PSI (JOIXON) 9802 2,487.00 1 Jul-97 IFM2 DELL 620010P PSI (BGARDNER) . 9802 2,48700 1 ' Jul-97 ' 10093 DELL=01OP PS1 (BTAGGART) 9862 2,487.00 1 Jul-97 ' 18094 DELL 620010P P52 (JPP,TERK)) 9002 2,487.00 1 Jul-97. 16045 DELL 02MOP PSI (HHUFF) 0862 2,487.00 1 Jul•OT ' 19380 GATEWAY 2000 LAPTOP 21005 1570 2617.00 1 Jul-97 . LINK. I6.I DELL 02001013 GX PRO 9862 2,407.00 1 Jul-97 UNK=10.2 05LL 02001OP GX PRO -97, 9862: 2,487,00 1 Jul UNK-16.3 DELL 621101012 OX PRO 9862 2,487,00 I Jut•97 UNK-16.4 DELL 62D010P GX PRO' . 9862 2,487.00 ,1 . Jul-07 ' I' 18437 TOSHIBA TECRA 73OXCDT WIDE SK STA V'' 9821 6,021.00 1 '. Aug-07 18026. DELL 62001012 (JUAN'S GIS) 9821 2,719.00 1 Auq'97 30-Sep-06 r IS026 DELL 62001OP (JUAN'S GIS) 9662 2,710.00 1 Aug-)? 22-Aug-01 18997 DELL 6204100GXPRO 1220 2,71000 1 'Aug-07 i 16008 TOSHIBA 730 CDT LAPTOP WIDESK 1601 4,965.00 1 Aug-97 18065 TOSHIBA T500 CDT NOTEBOOK COMPUTEF 1210, 2.05000 I Sep-97 18066 i OSH19A TSOo CDT NOTE1300K COh1PUTEF i210 2,05000 1 Sep-97 10038 TOSHIBA TSOO COT NOTEBOOK CONOPUTEF 1210 2,050.00 1 . SOP-97 18060 TOSHIBA T500 CDT NOTEBOOK COMPUTEF 1210 2.050.do 1 Sep-07 111007 TOSHIBA T500 CDT NOTEBOOK COh1PUTEF 9800 2,050.00 ' i Sep-97 18060 CELL 620010P (MLK) 1622 2,875.00 1 ep•97 , Sep-97., 26•Apr-00 10049 DELLWC&OP 1601 2,075.00 1 Sep-07 .30-Sep-Do ' 18053 DELL62MP 1601 2,875,00 1 Sep-97 30.•Sep-M 18033 DELL 6200101 1601 '2.U75,00 1 Sep-97 18034 DELL 0200101 1601 2,875.00 1 Sep-97 18035 DELL82DO10P 1601 2,875.00 1 Sop-97 16030 DELL 020WOP too) 2,875.00 1 Sep 97 ' 18037 DELL 020WOP (DEBBIE RICIITER) 1601 2,87$,00 1 ' Sep-97 18038 DELL 620010P (ASST. DIR) 1401 2,87500 1 Sep-97 18040 DELL 62MOP (MANGO WALBOLT) 1601 2,67500 7 Sep-97 ' 10041 DELL 020010P (BIRCITT DOWD) 1601 2,875,00 1 Sep-97 13042 DELL 020010P (BOBBIE DOWNS) 1601 2.07500 1 Sep-OT 18050 DELL 820010E " 1601 2,87500 , Sep-07 18052 DELL 62000P 1001 2,876.00 1 Sep-97 18054 DELL 82WOP 1601 2,875 00 1 Sop-97 18055 DELL 82WOP 116D1 2,875.00 t Sep-97, ' 18059 DELL 02001r)P (STEVE MILLER) 1601 2,875DU 1 Sep-97 18040 DELL 6200.'OP (E.F,O.) 1602 2,875.00 1 Sep-07 18028 DELL 62001013 (MLNO01) 1614 2,875 00 1 Sep-97 18029 ' DELL 6206013 (MLNP)12) 1614 2,67500 1 Sep-01 1B047 DELL 620010E (MLFIP03) 1014 2,875.00 1 Snp•OT , 18063 DELL62MOP 1016 2,87500 1 Sep-07 Acquisition. Acquisition Acqulslllon Disposition , 'Asset ID Descriplfon _ Own Cclr ? Cost Oty Date . 11, Doty 18030 DELL 020CWQP MOCCASIN LA1cE PR ^1818 • 2,87500 1 'Sep-117 18058 DELL 620WOP(CORC) 1818 2,87500 1 Sep-07 ' 19044 ' DELL 67,1XWOP (MLK) 1622 2,875.00 1 Sep-07 18061 DELL 810MP (KINGS WN) 1823 2187500 1 Sep-07 18051 DELL 62001OP 1628 2,675 00 1 Sep-07 18058 DELL 620WOP 1642 2,875.00 1 Sep 97 16032 DELL 620WOP NORTON 1645 2,1176.00 1 Sop•07 ; 18031 DELL 620WOP NORTON POOL 1r`?47 2.875.00 1 Sap-97 18057 ' DELL 62WOP •1652 2,875.D0 1 , Sep 97 180,62 DELL 620010P (MOf4NINGSIOE) 1853 2,87500 1 Sep-97 18064 DELL 6200,'OP 1853 2,875.00 1 Sep-97 18039 'OELL, 02MOP. 1855 2,875.00 1 Sep-97 .16048 DELL 62001OP (CBRC) 1655 2,875.00 1 Sep-97 18(143 DELL 620OMP (RFFO) 1671 2,875.00 1 Sep-97 ' 10045 DELL 82001OP (PFO) 1691 2.875.00 1 Sep-97 ' 18070 CELL LAUTUOENOTEQ00K 8231 4,25300 i Ott-97 18071 DELL LATITUDE NOTEBOOK 9231 4,283.00 1 Oct-97• 18124` DELL CPTIPLEX GX PRO J611CHELL 9802 2.373.00 1 Ocl•97 22•Aug•Ot - 18134 DELL OPTIPLEX GX PRO, (L FAROU 9882 2.373.t)0 1 OCI.01 22-Aug-01 111008 DELL OPTIOPLEX GXPRO 0862 2,37100 1 Orl•97 22-Aug•01 18121 DELL OPTIPLEX GX PRO' 12AO 7,512.00 1 Oct-07 ' 16122 DELL OPTIPLEX GX PRO 1.:40' 2,512.00 1 Oct-07 18120 DELL OPTfFLEX GX PRO 1240 1,512.00 T Oct-07 ' 18120' DELL OPTIPLEX GX PRO 1240 2,512.00 i Oct-07 18130 ' DELI OPTIPLEX GX PRO 1240 2,512,00 1 OU•97 10132 DELL OPTIPLEX GX PRO 1240 2,512,00 1 Or .97 ' 18137 DELL OPTIPLEX GX PRO 1240 2,512.00 1 Oct-07 18138 DELL OPTIPLEX GX PRO 1240 2,512.00 t Ocl•97 18139 DELL OPTIPLEX OX PRO' 1240 2,512.00 1 Ocl•07' • 10140 DELI, OPTIPLEX GX PRO 1240 2,512,00 1 Orl•07. ' 18141 DELL OPTIPLEX GX PRO (STA45) 1240 2,512,00 1 Oct-97 18142 DELL OP tIPLEX GX PRO (STA 50) 1240 2,512.00 1 Dd•97 18125 DELL OPTIPLEX GX PRO (TOM 812> 2079 2.373.00 1 Oct-07 18123 DELL OPTIPLEX GX PRO NELMORE 98,32 2.373.00 1 Oct-97 18133 DELL OPTIPLEX GX PRO . (0014 CLE 0862 2.373,00 1 Oct-97 18130 DELL OPTIPLEX GX PRO ?. ' (L NEWEL 9862 2,373.00 t Oct•97 16135 DELL OPTIPLEX GX PRO (d LEWIN) 0884 2,173.00 1 Oc1.97 18999 DELL 620074P(DTORMRNO) 9000 1,091,00 t Oct•97' t0XZ DELL 620010P (LSIDES) 9500 , 1,091.00 1 Oct-97 19003 DELL 620'UOP (DHULL) 0660 1,991.00 1 Oct-OT 10120 TOSHIBA TECRA 520CDT 1331 3,999.00 1 OCI.97 . 18067 TO$HIBAOOSCKINSTATION 9600 840.28 1 QC[-07 18169 POWER MACINTOSH 73001180 0211 4,881.34 1 Oct-97 24•Sep•01 18171 POYVER MAC 0211 4,881.33 t 00-97 .24-Sep-01 18100 TOSHIBA LAPTOP 7501CUT 2005 6,401.C0 1 Nov97 • 19938 DECPC 5133 t721 I'm 80 t ` Nov-07 19940 DECPC 5133 1721 1,700.79 1 Nov-07 19941 DECP051,13 1721 1,70170 1 Nov-97 10942 DECPC 5133 1721 1,700.79 1 Nov-07 19943 DECPC 5133 1721 1,700.79 1 Nov-97 10944 DECPC 5133 1721 1,700.79 1 Nov'-07 '. 1ti0CS DELL PC 2075 4,119.00 1 Nov-07 ' 18000 DELI, PC 2075 4,110.00 1 Nov-07 10007 DELL PC 2075 4,11000 1 Nov-97 ' 184' Purchase Year 1997 3 492,292.86 $ 2,875,50 par Unlt INK1311- TOS 740 CDT 1311 4,645.38 1. don•98 r 18162 TOSHIBA LAPTOP AND DOCKING STATION 1305 5,54500 1 Feb flB • 18161 TOSHIBA LAPTOP WIDOC KING STATION 0211 5,715.W t Feb-08 . 18163 TOSHIBA LAPTOP (D KINGS) 9887 5,54500 t Feb-08 18448 DELL LAPTOP INSPIRION 9861 2,96800 1 F,lar•9p 22-Aug-01 Aequlsitlnn Acqulsltlon AcqulsIllon OlsposWon , • Asset ID Description ... Own CcIr _Cost Oty _ Date Datr ' 18179 DELL OPTIPLEX 9216 2.23400 1 Mar-99 18176 DELL PENTIUM 11 1J11 4,281.13 I . Apt•08 18104 DELL COMPUTER P63000X 1510 2.412.00 1 Apr•90 16177 ' TOSHIBA LAPTOP COMPUTER 2063 5,170.00' t 'Apt-98 ' 18165 TOSHIBA LAPTOP 460 COX 1333 t,017.02 T tltry90 18160 TOS 750OVO WIDESKSTATION 1420 8,521.16 1 May80 111167 , DELL P0400 MARSHALL ST LAB 1351 2,878.00 1 Jul•98 ' 18 DELL P0400 BSUCHENHORST 1351 1,338.00 1 Jut-90 16507 DL'sLL P11400 1351 1.318.00 1 Jul•9B t 9508 DELL P6400 MANNY PE 1351 2,07600 1 JuI.98 18509 DELL P0400 6611 2,076.00. 1 Jul•9B . 18510 DELL P6400 6811 2,670.00 i Jul-98 18511 DELL P0400 0811 2,076 DO 1 Jul.98 185t2 DELL P0400 8611. 2,678.DO i JU1,98 18515 INSPIRON 0233XT PENTIUM II LAPTOP 9802 2,788.00 1 Jul-DA 22-Aug-01 18516' INSPIRON 0233XT PENTIUM it LAPTOP 9862' 2,780,00 1 Jul-98 22•Aup•01 , 18454 DELL P6400 Wr13'. MONITOR 9882 , 2.878.00 1 Jul-98 22•AUO.01 18967 , DELL P6400 W118' MONITOR 98 62 2,870.60 1 Jul-DO .22•Aup•01 189511 dELL P04CO W115" MONITOR AJOHNSON 1351 2,395.00 1 Jul•98 18440 DELL P04DO WIT 3' MONITOR 0802 2,676.00 '. 1 Jul-98 18450 DELL P6400 V#13' MONITOR 9862 2,676.00 1 Juh08 18451 DOLL P0400 W113' MONITOR 9862 2,676.00 1 Jul.98 19452 DELL P64DO W113' MONITOR 9802 2,670,00 ' 1 Jul•98 ' 18453 DELL P6400 W113" MONITOR 9882 2.07000 1 JC1.98 18455 , DELL PB40O W113' MONITOR 9862 2,676.00 1 Ju1.OB 184% DELL P0400 W113" MONITOR 9862 2,670.00 1 Jul.98 ` 10937 DELL P0400 W11T MONITOR 0802 3,043.00 1 Jul•98 ' 189311 DELL P8400 W117' MONITOR 0802 3,043.00 1 Jut•08 189:19 DELL P64DO W)17-, MONITOR 9862 3,043,00 1 ' Jul-9A ' . 18940 DELL P6400 WA 7" MONITOR 9862 3,043.00 1 J1jl-98 111041 DELL P64DO W117' MONITOR 9662 3,043.()0 • t . Jul•6B 18042 DELL P0400 04117' MONITOR 0002 3,043.00 1 Jui•96 ' 18043. DELL P6400 04117' MONITOR 9862 3,043.00 1 Jul-08 , 18044 DELL P6400WA7" MONITOR 9862. 3,043.00 1 Jul-©B I I FIM DELL P6400 W1W tdQNITOR. 9862, 3,043.00 t Jut-98 " 16940 DELL P6400 VVW MONITOR 9862 3,043.00 Jul.98 10947 DELL P84DO W118' MONITOR 9882 2.670.OJ 1 Ju1.1)S 18948 DELL P640O W116' MONITOR 0802 2,070.00 1, JUI.98 18950 DELI, P6400 WItV MONITOR I 0802. 2.676.00 1 Jul-99 18951 DELL P0400 W116" MONITOR 0862 2,076.00 1 Jul-9B 18952 DELL P8400 W116' MONITOF 9802 2,678.00 1 Jul•08 18955 DELL PB400 W117' MONITOR (URQOIx 9862 3,043.00 t Ju1.98 18956 DELL P6400 W116' MONITOR 0862 2,676.00 1 Ju1.98. 16958 DELL P6400 Wlt11't,10NITOR 9862 2.078.00 1 Ju1.98 18059 DELL P0400 WI16' MONITOR 0802 2,670.00 1 JUI.OB 18981 DELLP040OW/16' MONITOR' 0802 2,670.00 t Jul-03 16962 DELL P6400 WnW MONITOR 0862 2,676.00 1 Jul-98 16963 DELL P6400 Wn6' MONITOR 0862 2,070,00 1 Jul-98 ' 18984 DELL P6400 0411 B" MONITOR 9602 2,878.00 1 Jul-95 18965 CELL P64DO W116' MONITOR 9862 2,67000 7 Jul-88 18966 DELL P0400 W118'.MONITOR 0862 2,076.00 l' Jut-06 18008 Di LL.P8400 W110' MONITOR ' 9602 2.676.00 1 Jul•98 18909 DELL P64AOW116" MONITOR 0362 2,670.DO 1 JUI.93 18971 DELL PBIDO W117' MONITOR 8002 3,043,10 1 Jut•98 ' W972 DELL P64DO W117' MONITOR 0862 3,043,00 1 Jul•9A 10949 DELL P6400 Wl21' MONITOR 9302 3,750.34 1 Jul•98 18953 DELL P0400 W121' MONITOR 0862 3,760.33 1 Jul•Be 16954- DELL P64DO 0412 t' MONITOR 9662 3,750.33 1 Jul.98 16549 DELL PC P6400 0883 2,407.00 1 Aug-90 18550 DELL PC P6400 0863 2,407.00, t Aug-98 . 16551 DELI. PC P0400 0883 2,407.00 Auq•98 • 18552 DELL PC P5400 913133 Z4D7.OO 1 Aug-00 ' Acquishlon Acqulsitlon Acquisltlon Dispesllion Asset Id Descriprlon Own Cetr Cost city Data Date 18553 DELL PC P8400 9883 2,407.00 1 Aug-08 , 18554 DELL PC P64OD ' 9683 , 2,437.00 I Aug•g0 18555 DELL PC P64DO 9883 2,40700 ! Aug-98. 10656 DELL PC P6400 ' $883 2,40700 t Aud•98 = 18557 DELL PC P8400 9883 2,407.00 1 Aug-03, 18558 DELL PC P6400 . •9883 2.4070+0 1 Aug-08 18559 . DELL PC P6400 9883 2,407.00. Aug-98 18560 DELL PC P0400 ' 8883 2,407,00 1 Aug-08 19756 LAPTOP TOSHIBA 330CDS 1250 2,05000 1 ' Sep-98 '10564 DELL P04DO 1220 2.602.60 I Sep-98 18581 LATITUDE CP M233ST 9700 2,835.67 1 Sep•Oll 18562 LATITUDE CP P233ST ' 9700 2,635.07 1 Sep-98 16503 t8T17UFR VP M232ST 8700 2,635.66 1 Sep•g8 16479 TOS 780OVD 01280 6510 ' 4,81848 1 Sep-98 24•Apr-OS • 18478 TOS 780 DVD 81268 (Toshiba Laptop) 962'• 4,818.47 1 "'Sep-98 ' 18577 DCLLP6450GX1P/T+9ASE 2080, 2,70200 1 Sep-go = 18578 DELL P64% GX1 PIT+ BASE 2080 2.79200 1 Sep ge' 18579 DELL P8450 GXIPh- BASE 2088 2.793,00 ; 1 Sep-98 18580 DELLP6450GXIPIT•13ASE 2088 2.792.00'. 1 Sep-08 1658t DELL P6450 GXIPfr+ BASE 2088 2,7172,DU 1 Sap-98 . . ' 18582 DELL P6450 GXI PIT+ BASE 7088 2,792.00 1 ' Sep-98 18583 DELL P6450 GXt PIT+BASE 2088 2,792,00 1 Scp•9B 18584 DELL P6450 GXIPfT+ BASE 2088 2,792.00 1 Sep•D8 18112 DELP. ORPLEX GX PRO SSPRAGUE 2176 2,373 DO I Od•98 .18072 DELL GPIPLex GX PRO (TNEENAh 9862 2,373.00' 1 OCI.08 .' 10109 DELL OPIPLErX OX PRO MSCHNATr 98132 2.373.00 1 Oct-98 16110 CELL OPIPLEX OX PRO RHAMM 9882 2.37300 1 Oct.,08 181 DELL OPIPLEX GX PRO (DEPLKE) 9862 2,373.00 1 Od•98 ' 18522 COMPUTER P6450 9821 ' 2,544,00 , 1 Nov-08 ; 20254 CP WIMODEN a KEYBOARD 6611 4,128.06 Dec-98 30•Sep•00 , 18602 LAPTOP COMPUTER WIMODEh18 KEY DOM 9600 4.128.00 1 Dec,08 98 Purchase Year 1998' 5 287,750.54 $ 2,938,23 Per Unit 18587. LAPTOP WIKEYBOARD AND CELLULAR V90 9700 3.03300 1 Jon•09 N99i352( DELL P8400 1352 1,765 0D . 1 Jnn-99 18150 PC COMPUTER 2078 2,724.00 1 Jam99 181311 DELL P1345D 6531 ' 3,759.00 1 Jan-09 , 16154 COMPUTER P0440 9215 2,67500 1 Jan-09 18155 COMPUTER P6450 9215 2,58300 1 Jan•99 18588 LATITUDECP1300XT 2078 3,758.00 1 Jan-09 18726 LAPTOP COMPAQ ARMADA DONATE WITH 1240 2,000 00 1 Jan.09 18151 COMPUTER WIKEY80ARD A CELLULAR 9901 4,166.00 1 Jan.,99 18606 COMPUTER 1510' 2,039.00 1 Feb-99 20255 CP CELL P6450 1510 2,930.00 1 Feb-99 18603 COMPUTER P65450 GXIPIT 2041 2,381.00 1 Feb-T19 16007 COMPUTER P0540 GXIPrT 7064 2,38100 1 FOb•flfl 16604 COMPUTER P6450 GXPIT 2088' 2,301,00 Feb-99 18608 COMPUTER P6450 rX1PIT • 2088 2,381.00 t Feb•90 " 18610 COMPUTER 00450 GXIPIr 2068 2,381.00 T Feb•flII 18152 NOTEBOOKCP 1410 3,94800 1 Feb-09 18605 LAPTOP COMPUTER LATITUDE CP1300XT 1420 3,934.00 1 ' Feb-99 18609 COMPUTER P6450 GXIP/T 2088 2,381.00 1 ' Feb-99 16153, PRECISION 450 PENTUItA WORKSTATION. ' 6531 3,12300 1 Feb-©9' 15612 PREGSION 450 PENTIUM WORKSTATION 6531 3;123.00 1 Fvb-99 18589 DELL P6450 2064 2,199.00 1 IAar•fl0 10620 LATITUDE CPI 30OXT V11MINITOR & KEY 9864 = 4,183.00 I mar-09, 22-Aug-01 18624. LATITUDE CPE 30OXT WIMONITOF 1420 4,183,00 1 Ma'•99 18627' LAPTOP LATITUDE CP1300XT WiMON 0921 4,147.00 • 1 Mar-09 18149 DELL P5450 2076 2,724.00 1 Mar-09 18800 INSPJRON P30LT NOTEBOOK COMPUTER 0804 4,167.00 1 Mar-99 2i.Aug•01 s N091211X COMPUTER PRECISION 450 MHZ 1210 ' 2,654.00 1 Apr-09 49. 5 Acquislllan Acquisition Acquisition Disposition ' Asss1 ID Description Own Cctr Cost City Date Date N9912101 COMPUTER PRECISION ASO MtIZ 1210' 2,65400 1 Apr•99 ' 18013 DELL P6450 COMPUTER 1310 3,592.00 1 Apr-49 18814 DELL P6450 COMPUTER t310 3,81900 1 Apr-D9 18015 DELL P5450 COMPUTER 1310 3,977.00 1 Apr-99 18618 CELL P0450 COMPUTER 1310 3,61900 1 Apr-99' 18617 DELL P6450 COMPUTER 1310 3,59200 1 Apr-09 18618 DELL P6450 COMPUTER 1310 3,977 DO 1 Apr•09 101319 DELL P6450 COMPUTER 1310 3,977.00 t Apr-09 18020 D1=LLP8450COMPUTER 1310 3,592.00 1 Apr-99 18621 DELL P0450 COMPUTER 1310 3.977.DO 1 Apr-% ' 18623 LAPTOP NV MONITOR & TAG-ALONG KEY. 1210 4,371.00 1 Apr-99 10036 DELL PIII SWK GXIPIT 9002 3,584.00 1 May-99 18597 COMPUTER DEKK P0450 1331 2,158 00 1 Mny99 18598 COMPUTER DELL P15450 1331 2,156.00 1 May-09 18502 CELL P84%GXP1PIr 1333 2.059.00 .1 May-Do N991333C DELL GX1P/r•PC 1333 2,059.DO , 1 May-99 19594 DELLP64500X1PIT 1352 2,059.00 1 May90 tS591 DELL PD450 GX 1PIT 1352 2,059.G0 1 May-99 • 18094 DELL P6450GX1P/T NE, NUTRIENT LAB 1352 2,059.40 1 may-99 • 18958 DELL P6450 GX1 P;T K GILMORE 1352 2,059,40 1 May-99 16835 ! DELL P04050 GXIPIT 9884 2,059.04 1 Jun-99 20-Aug-01 '9W91DCx DELL GXIPIT 9100. 2,459.00 1 Jun-99., . 24-Sap-41 18638 GXIPIT •W 110' Iv1ONITOR 1384 2,1352.00 1 Jun-90 ' 199091040 DELL GXIPfr 0862 2,059.40 1 Jun-90 18034 OFLi. PG40SO GXIpfT" 0884 2,059.00 1 Jun-99 18591 DELL P6450 GXIP 1210 2,459.00 1 Jon-91) 18595 DELL P6450 GXIP 1210 1,702.00. 1 Jun•90 18590 ., DELL P0450 GX1P NORTHE/ ST LAO AA2 1352 1,762,00 Jun-99 18050 P6450 GX1PrT4, COMPUTER 6611 1,782.00 T Jim-99 18651 P6450 GX1Pfr* COMPUTER GG11 1,762,00 t Jun-99 18952 P6450 GX1PlT- COMPUTER 8811 1,762,00 1 Jun-00 18088 LAPTOP LATUTUDE 9882 3,808.04 .1 Jun-Do N999864C INSPIRON NOTEBOOK 98134 4,148.35 1 Jun-09 t6M42 DELI. P0450 GXt PilT PC 9887 2,059.00 1 Jul-90 IBG43 DELL P6450 GX I PAT PC 4867 2,05001 1' Jul-99 18644 DELL P0450 GX1 PAT PC 9887 2,059,00 1 Jul-00 10545 DELL P6450GX1PATPC 9867 2,059.00 1 Jul-go t8G4G DELL P6450 GXIPAT PC 9887 2,059.00 1 Jul-09 ' 18647 DELL 0645o GXIPAT PC 9887 2,059.00 1 Jui•99 18048 DELL P6450 GXI PAT PC 9887 2,059.80 1 Jul DO 18601 DELL P645DGXIPATPC 9881 2.059.00 1 Jui•99 ;8802 ,CELL P6450GXIPATPC 0887 2,059.00 1 Jul•09 18661 DELL P6450GX1PATPC, 9887 2,050,0 1 Jul-09 18725 LAPTOP COMPAQ ARMADA DONATE WITH ' 1240 2,000.00 1 Jul-Do 20373 PC DELL CELERON 400 1724 1,001.00 l Jul•99 20374 PC DELL CELERON 400 t 7Z4 t,001.00 1 Jul-99 20375 PC DELL CELERON 400 1724 '1.001.00 1 Jul-99 20378 PC DELL CELERON 400 .1724 1.001.00 1 Jul-09 20378 PC DELL CELERON 400 1724 1,001,00 1 Jul-OD 2037D PC DELL CELERON 400 1724 1,001.00 t Jul-99 20360 PC DELL CELERON 400 1724 1,001.00 1 Jul-00 , 20381 ' PC DELL CI:LERON 400 1724. 11001-00 1 Jul-99 20382 PC DELL CEL£RON 400 1724 1,001.00 1 Jul-99 20383 PC CELL CELERON 400 1724 1,001.00 1 Jill-Do 20384 PC DELL CELERON 400 1724 1,001.00 1 Jul-99 203BS PC DELL CELERON 400 1724 1,001.00 1 Jul•99 20380 PC DELL CE~LERON 400 1724 '.1.001,00 1 Jul•90 20387 PC DELL CELERON 4DO 1724 1,001,00 1 Jul-09 20388 PC DELL CELERON 400 1724 1,1X11.00 1 Jul•99. 20389 PC DELL CELERON 400 1724 1.001.00 '. 1 Jul-09 20390. PC DELL CELERON 490 1724 1,001.00 Jul-90 20391 PC DELL CELERON 400 1724 1,001.00 1 Jul'99 . 4. Acquisitton Acquisition Acquisition Disposttion Asstt ID Description Own CcIr Cost city Data Date 10392 PC DELI. GELrRON 400 1724 1,001.00 • i Jul•t90 20303 PC DELL CELERON 400 1724 t,001.00 Jul-99 20394 PC DELL CELERGH 400 1724 1,o0}.DO 1 Jul-99 ' 20305 PC DELL CELERON 400 1724 1,001.00 1 Jul-99 203913' PC DELL CELERON 400. 1734 1,001.00 1 Jut-99 20397 PC DELL CELERON 400 1724 1,001.00 1 Jul.99 2W99 PC DELL CELERON 400 1724 1.00100 } Jul-09 20399 , PC DELL CELERON 400 1724 1,801.40 1 Jul.09 " 20400 PC DELL CELERON 400 1724 1,00t.00 1 Jul-139 20401 PC DELL CELERON s00 1724. 1,801.00. } Jul-90 20402 ' PC DELL CELERON 400 1724 1,001.00 1 Jul•99, 20403 PC DELL CELERON 100 1724 1,601 00 1 Jul-Do 20404 PC DELL CELERON 400 1724 1,001.00, 1 4ul-09 20405 PC DELL CELERON X170 1724 1,001.00' 1 Jul-99 20406 PC DELL CELLERON 400 1724 1,001.00' 1 Jul-99 .20407 PC DELL CELERON 4D7 1124 001.00 i' Jul-99 , ' i 20408 PC DELL CELERON 400 1724 (,001.00 t Jut-go . . 20409' PC DELL CELERON 400 , . 1724 1.001,00 1 Jul•g9 20430. PC DELL CELERON 400 1724 11001,00 1 Ju!•99 ' 20411 PC DELL CELERON 400' 1724 1,001.00 1 Jul-99 , 20412 PC DELL CELERON 4oo 1724 < 1,801.86 1 Jul-09 20413 PC DELL CELERON 400 1724 1,001.00 1 Jut-O9 ' .' 20414 PC. DELL CELERON 4D0 1724 1,601.04 1 Ju149 20415 PC DELL CELERON 400 1724 1,001.00 Jul-99 ' 26410 PC DELL CELERON 400 1724 1,001.00 1 40-09 20417 PC DELL CELERON 400' 1724 1,001.00 du1.e9. ` .20418 PC DELL CELERON 400 1724 „S,00t.DG 1 Jul-90 20419 PC DELL CELERON 400 1724 1,001.00 t Jul-90 20420 PC DELL CELERON 400 1724 1,001.00 1 ' Jul-90 ' } 2C!421 PC DELL CELERON 40d 1724 t,001.80 Jul•09 20422 PC DELL CELERON 406, 1724 1,001.00 1 Ju1.99 ' 20423 PC QELLCELERON400 1724 1,001.00 ! Jul-09 18884 COMPUTER DELL P8450, 98,94 1,681.00 } Jut-99 ' N992064t INSPIRON LAPTOP MONITOR MOUSE E ' •2064 3,913.35 1 Aug•69 ' 18755 'DELL P6450 2064 1,022,06 1 Aug-99 ' 18665 PC COMPUTER PENTIUM III 550MHZ 1601 2,473.00 } Aug-99 18680 OPTIPLEX PENT III 550MHZ 640 9864 ' . 3,425.00 1 Aug-go 22•Aug-01 N991351F DELL Pill 450K 1351 1.850.00 1 Aug-99 N091351I DELL PIII 450K 1351 1,6.56.00 1 Aug-99 N992064f COMPUTER DELL PI(I 450K 2064 t.650.00 t Aug-49 N991310( PW FIELD LAPTOPS 1310 19.050"L)0 4 Sop-09 IYDD13521 ARMADA 1750 386MHZ8,4Gi3 LAPTOF t352 4,268,00 1 Sep 99 18691 LAPTOP 1724 3,571.00 1 Sep-09, . 16698 LAPTOP COMPUTER 1724 3571,00 1 Sep-OD, 19728 LAPTOP'COMPAO ARMADA DONATE WITH' 1240 2,00000 1 Sep-91) 18098 PENTIUM Ili 600 MHZ PC 6 1801 2,857.00 t Oct.go 18701 PRNTIUM III 600MHZ PC 640 180} 4,162.00 1 Od-99 ' 18600 ARMADA 1750 PENT 11 5640 9600 3,585.00 1 Oc1.99 " 18709 ' TOSHIBA LAPTOP W?DESKSTATION A TA 19215 4,431,00 1 Nov-99 18580 DELL P6450 GXI 1014 3,369.00 I Nov-99 18706 LATITUDE CPI40OXT 9600 4,390.08 1 Nov-D9 20600 PENTIUM III 600MHZ WO15 0213 1,83500 1 Nov-99 16704 PENTIUM III 608MHZ OPTI 5 PC, 0216 t,963.00 1 , Now-D9 18708 PENTIUM Ili 600MHZ OPTI 5 PC 0216 1,063.00 1 Noy-OR 16722 PENTUIM III 600 MHZ OPTI 5 PC 0210 1,06100 1 Nov99 18723 PENTIUM 111600MHZ OPP,$ PC 9216 103 00 1 Nov-99 18712 DELL Pill 1P1T+ 5640 PC 0219 2,592.00 T Nov-09 18714 CELERON 433 MHZ PC ' 0700 1.44000 1 Nov-99 20596 ISM "SURE ONE" POS SYSTEM ' WICA; 1371 2,804 D8 1 Nov-99 18707 OPTIPLEX G1+:CELERON 433M 0805 . 1,14600 1 Nov-99 18749, DELL LAP'( OP 1348 3,53500 1 Nov99 16758 LAPTOP COMPAQ ARMADA DONATE th 1240 12.00000 1 Nov99 ' Acquisition Acquisition Acquisition Disposition Ass4t ID Description Own Car Cost City , Date Date 18745 WSPIRON 7500, A4000VT 56 LAPTOP owl 3,727.00 1 t7ec-99 18747 INSPIRON 7500, A4000VT 59 LAPTOP 0901. 4,222.90 1 Dec-DO 18675 PEN71UId III 60OMHZ , 2088 2,268.00 1 Dec•99 18724 ARMADA 1750, 3661AGZ LAPTOP 6821 3,05900 1 Dec 99 18750 ARMADA 1750, 366 MHZ LAPTOP 9821 3,99200 1 Dec-99 18748 ARMANDA 1760 PEN 3t5570 , 0215 9,853.00 1 Dec-99 . 30-Sep•UO 20688 OPTIPLEX PENTIUM 409MHZ PC 9215 2.872.04 1 Dec-99 ` 18750 LAPTOP COMPUTER 9600 3,973.60 1 Dec-99 180 purchase Year 1999 S 376,007.60 S 2,350,05 Per Unit 24105 DELL PC DPTIPLEX GXtO0 9231 1,455:95 1 ,tan-OD 18671 LATITUDE CPX 5ODMHZ LAPTOP 1351 3,296.00 1 Feb•00 ' 18791 DELL OPTIPLEX BX WD D SHAWEN 9219 1,355 00 t Feb-40 18781, Insprlon laptop 9864 5,561.00 1 Feb-DO 78732 LATiTIJDE CPX 540AIHZ 1352 3,971.00 1 Feb-00 ' 16731 COMPAQ, LAPTOP ' 1410 3,620 00 1 F.b•DO 111752, DELL OX 100 LOW PROFILE 0865 1.445.00 1 Feb-GO 72-Aug-Of 18765 DELL CA i0f) LOW PROFILE PC 2031 1,208.00 1 Feb-00 18764 . LATITUDE CPxH5WGT LAPTOP J WORSHAI 1220 3,586 DO 1 Mar-00 18786 LATITUDE CPXH50OGT LAPTOP JIM . FCC, t22O 3.58600 I Mar-OD 10787 LATITUDE CPXH506GT LAPTOP ROWt 1220 3,586 DO 1 Mar-00 18783 LATITUDE PENTIUM 111 LAPTOP 9214 3,(154.00 1 Mar-00 20092 EPSON COMPUTER HANDHELD SCAN 6 RA 2441 3,Ot0.00 1 Mar-00 18753 OPTIPLEX GXIP PC 1331 1.495.011 1 Mar-0D 18602 DELL POWEREDGF. PC 913,010 5.128,00 t Apr-OD 19793 GX100 LOtiV PROFILE CELERON PC 2004 1.455.00 1 Apr-OO , 18788 GX110141MI TOWER 1585 1,440 00 1 'Apr-OD 18801 DELL GX300 MINI TOWER 2451 1.783.00 1 Apr-DO 16794 GX 100 LOW PROFILE CELERON PC 2D64 1.05500 1 Apr-00 18798 GX100 LOW PROFILE CELERON PC 20115 1,055.00 1 Apr-DO . 18709 GX100 LOW PROFILE CELERON PC 2067 1,055.00 7 Apr-OO 18795 GX100LOWPROFILECELERON PC 2D68 1,055.00 1 Apr-00. 18707 GX100 LOW PROFILE CELERON PC 2068 11055.00 1 Apr-00 18796 GX100 LOW PROFILE CELERON PC 2079 1,055.00 1 Apr•00 18800 DELL GX I IO h11N1 TOWER EXPRESS CODE 6510 1,024 00 1 Apr-OO ' 1F754 LATITUDE CPX PENTIUM III LAPTOP' 9901 3,654.00 1 Apr-p0 187170 DELL GX110MINI-TOWER 1371 1,442.00 I Apr-00 18760 DELL GX110 1372 824.00 1 Apr-CO 18716 DELL GX3DG MINI TOWER 1365 2.797.00 1 May-DO 18792 DELL GX300 MINI TOWER 1365 2•797.00 1, May.00 18760 LATITUDE LAPTOP-R STONE 02.11 4,010.00 1 May-DO 18719 CPXJ LAPTOP 9802 4.09400 1 May-00 18710 LATITUDE CPXK 92 17, 4,113 Do' 1 May-DO 18759 LATITUDE CPX LAPTOP(DINA) • 0631 3,654.00 1 May-00 18718 LATITUDI CPXK 9887 4,173.00 1 May-00 18804 OPTIPLEX GX306 1801 2,972.00 1 MAY-00 ' 18063 OPTIPLEX OX300 K LATEWA 1059 2,634,00 1 May-00 t87O5 Intllude cpxl laptop 1001 3,170.00 1 , May-00 t8762' LATITUDECPXJLAPTOP 0802 3,897,00 1 Jun-DO 18107. OPTIPLE 113 TOWER 9862 1,701.()0 1 Jun-00 18706 OPTIPLES 110 TOWER 0842 11781.00 1 Jun-00 108 07 OPTIPLES 110 TOWER 9862 1,701.00 1 Jun-00 ' 18608 DELL WORKSTATION 733 MHZ 0802 5,225.00 1 Jun-00 z 18811 LATITUDE LAPTOPS 0682 1,560.00 1 Jun-03 18872 LATITUDE LAPTOPS 9862 4,560,00 1 Jur100 20983„ -DPTIPLEX GXI10MINI.70WER K ESP 1333, 1,959.00 7 Jun-00 20084 OPTIPLEX GX110 MINI-TOWER T,t3RUCH 1333 1,982,00•, 1 Jun-00 ' 10108 DELL LATITUDE WJBI.ACK MO 1420.. 3,920.00 . 1 Jun-00 18733 DPTIPLEX GXI10MINI TOWER 1510 1,475.06'' . 1 Jumbo 16810 DELL OPTIPLES GX 2DO 6611 11527,00 1 Jun-00 F 20080 i DELL DPTIPLEX GX110 MINI TOWER 2051 1,55800 i ' Jut-00 a , Acquisition Acquisition Acqulsltlon • Disposition Asset 10 . Description Own Car Cost DIV Date Date 20953 LATITUDE CPXJ LAPTOP 1510. 3,430.00 1 Jui•DD 20987 pPTIPLEX GX200 MINITOWER BRETT GE 1365 2,313.00 1 Jul-OD 20988 PRECISION WORKSTATION 420 MINIT "'1365 4,61500 1 Jul-00 18572 - DELL PRECISION WORKST 22 9862 2,830,00 1 Jul•00 111573 DELL PRECISION WORKST 22 9662, 2.63600 1 Ju1.00 18805 DELL PRECISION WORKST 22 9862 7.,838 00 1 Jul-00 18800 DELL PRECISION WORKST 22 9862 2,636,00 I Jyl•00 20985 'LATITUDE DPX LAPTOP WILEATHER CASE. 0214 3,790.36 1 ' Jul-00 20901 OPTIPLEX 0X100 FAINI TOWER 9700 1,51moo 1 Aug-00 " 24099 PC OPTIPLEX GX300 MINI-TOWER 9700 2,701,00 1 Aug-00 24103 PC POWEREDGE 1300 9700 7,021.00 1 Aug-00 24000 OPTIPLEX GX300 MINI 16WER C HOWELL 1346 ,3,921,00 t Sep-00 24001 OPTIPLEX GX300 MINI-TOWER MAP ROOM 1346 3,921,00 1 Sep-00 14108 OPTIPLEX GX110 MINI TOWER EXPRE " 1570 1,092.00 1 Sep-00 24093 ' OPTIPLEX GX300 MINI TOWER 9812 2,518.00 1 Sep-00 , 24004 QRTIPLEX GX300 MINI TOWER' .9012 2,518.00 1 Sep-00 24095 OPTIPLEX GX300 MINI TOWER 9812 2,510.00 1 Sep-00 24107 LATITUDE CPXJ LAPTOP HERALD 1220 3,493.00 1 Sep-00 18734), CP - T JEFFRIES OPTIPLEX GX110 . MINI-1 9216 1,613.00 1 OCLOO 24110 LATITUDE CPXJ LAPTOI• 1250 3,493.00 1 Ocl•00 24788 LATITUDE CPX LAPTOP 1352 3.226.00 1 Oc1.00 24767 OPTIPLEX 0X300 AIINITOW 1313 3,147,00 1 NDv-00 24090 CP OPTIPLEX GX110 MINITOW 1331 2,049.20 1 Nov.00 24991 CP OPTIPLEX GX 110 MINITOW 1331 2.049.20 t Nov-00 24992 CP OPTIPLEX GX110 MINITOW 1331 2,049.20 NOV•00 28372 OPTIPLEX GX115 P ' C PWA WPC EASTIR H 1351 1,19100 1 Nav-OD 24135 DELL P? ECISION 420 loot 3,741,00 1 Nov-00 2093 DELL GX 115 PCS 1801 1.634.00 1 ' Nov-00 24994 DELL OX 115 PCS 1801 1,634 00 1 Nov-00' „ 24995 DELL GX115PCS 1801 1,634.00 1 Nov-00 " 24990 ' CELL GX 116 PCS 1801 1,834 00 1 Nnv-00 18736 LATITUDE CPXJ LAPTOP 9905 3,69500 1 . Nov-00' 18744 OPTIPLEX 0X300 A11PO-TOWER PC 1420 2,500.00 1 Nov-00 24123 OPTIPLEX GX300 MINI TOWER PC 1420 ' 2,653.00 1 Nov-OD 24131 OPTIPLEX GX300 MINI TOWER PC 14213 2,560.00 Nov-00 24130 OPTIPLEX GX300 MINI TOWER PC 142D 2,053.00 1 Nov-00 24140 OPTIPLEX GX300 MINI TOWER PC 1420 2,560.00 1 Nov-DO 24149 OPTIPLEX GX300 MINI TOWER PC 1430 2,055.00 1 Nov-00 24120 pPTIPLEX GX300 MINI TOWER PC 1430 2,055.00 1 Nov-00 24121 pPTIPLEX GX300 MINI TOWER PC 1430 2,560.00 1 Nov-DO 24124 OPTIPLEX GX300 MMI TOWER PC 1430 2,055.00 1 Nrrv00 24125 OPTIPLEX GX300 M$N1 I`OVVER PC 143D 2,560.00 i Nov-00 24126 OPTIPLEX GX3D0 MINI TONER PC 1430 2,500.00 • 4 Nov-DO, 24127 OPTIPLEX GX300 MINI TOWER PC 1430 2,055.00 1 Nov00 241 20 OPTIPLEX GX300 MINI TOWER PC 1470 4580.00 1 Nov-00 24129 OPT IPLEX 6X300 MINI TOWER PC 1433 2,65100 1 Nov-00 24130 CPTIPLEX OX300 MINI TOWER PC 1430 2,56000 T Nov-DO 24137 OPTIPLEX GX300 MINI TOWER PC 1430 2,560.00 1 'Nov-DO, 24138 OPTIPLEX OX300 MINI TOWER PC 1430 2,055.Go 1 Nov-00 ' 24130 OPTIPLEX GX300 MINI TOWER PC 1430 2,58000 1 Now-00 24141 OPTIPLEX GX300 MINI TOWER PC 1430 2,560.00 1 Nov-00 24142 pPTIPLEX 01X300 MINI TOWER PC 1430 k 2,560.00 4 Now-00 2412:'. PC pPTIPLEX G%300 MINI •T ' 9210 2,055.00 1 Now-00 18740 DELL WORKSTATION PRECISION .201PC 0882 3,016.70 T Nov-00 24143 DELL WORKSTATION PRECISION 2201PC 0862 3,286"00 I NOY•00 74144 DELL WORKSTATION PRECISION 22WPC 9862 9,200.00 t Nov-00 10741 DELL OPTIPLEX GXI 15fPURCHASE 9821 2,830.50 Nov-00 24782 DELL OPIIPIEX GX115 0821 1,085 24 1 Noy-W 24783 DELL OPTIPLEX GX115 0821 2,630.50 4 NoW00 24784 CELL OPTIPLEX OX115 0821 2,030.50 1 Nov-00 24745 DELLOPTIPLEXGXII&PAYROLL DWI 2,83040 1 Nov-DO 24780 DELL pPTIPLEX GX1161PAYROLL 0821 2,83050 1 Nov-00 1 Acquisition Acquisition Acquisition Disposition Asset ID Description Own Cstr Cost Oty Date DAW 24790 OPTIPLEX OX 110 MINI 9315 2,056.40 t Doc-00 24791 GPTIPLEX OXI f0 MINI 9215 4,11280 i Dec-Do 16742 LATITUDE CPX LAPTOP 9215 2,830 SO 1 Dec-00 11& Purchase Year 2000 S 309,524.05 S 2,668.31 Per Unit 24789 LATITUDE CPXJ LAPTOP' 2082 3,715.56 1 J13n-O1 18813 OPTIPLEX GX100 PC ELEANOR 9231 1,455.95 1 Jan-01 ' 24792 OPTIPLEX GX15O DESKTOP PC 2051 1,29568 1 Jan-01 • 20965 'OPTIPLEX GXtSO DESKTOP PC 1311 1,250.00 1 Feb-011 20966 OPTIPLEX GX150 DESKTOP PC 1311 1,250,00 1 Feb•01 20967 DELL OP TIPLEX OX300 W JS KEYBOARD 1313 2.982,95 t Feb•Ol 24744 LATITUDE CPXJ LAPTOP GORDON WILLS 1325 4,157.34 1 Feb•Gt 24743 LATITIJOE CPXJ LAPTOP MARINE E AVN 1371 4,15784 , 1 Feb•G1 74745 LATITUDE CPXJ LAPTOP BEVERLY BUYSSE 1371 4,157.64 1 Feb-01 '20971 LATITUDE CPXJ LAPTOP ELAINE LEWIS 1210 3,155.02 1 Feb-01 20970 LATITUDE CPXJ LAPTOP 1210 2,92140 1 Feb-O1 24796 GX150 DESKTOP PC 0231 1238.00 1 Feb-OS 24634 GX150 DESKTOP PC 9231 1,313.00 1 Feb-01 24013 GX160PC 1880 1,720.00 1 Mar-OI 20972 OPT IPLEX DESKTOP PCS 9830 1,625.00. 1 Mnr•01 20973 OPTIPLEX DESKTOP PCS 9830 1,625.00 1 Mar-O1 20974 OPIIPLEX DESK70P PCS ' 9836 t,925.00 1 Mnr•OI 20975 " OPTIPLEX GGSKTOP PCS 3830 1,625.00. 1 Mar-Ot 2097E GPTIPLEX DESKTOP PCS 9830 1,62500 1 Mar-OS ' Lem Out. P780 FLAT TRINTRON MONITOR 9894 320,04 1 R1ar-Ol 24848 DELL GX150 PC PWA BRIAN BARKER RA 1365 1,28800 1 Mar-01 24836 OPTIPLEX GX150 DESKTOP PC LEGAL GI 9600 1,4tZ.00 1 Mar•GI '• 24837 OPTIPLEX GX15O DESKTOP PC LEGAL Gj 9600 1,412.00 1 r Mar-Os 24808 OPTIPLEX GX15O PC 9864 1,213.90 1 Mar-01 24809 OPTIPLEXGXISOPC 9864 1,213,00 1 Mar•Ot 248110 , GPTIPLEX GX150 PC 9884 1,2t3.90 1 Mar-01 • 24111 1 OPTIPLEX GXI50 PC 9964 1,213.30 t . Mar-01 ' 248.35 LATITUDE OPTS LAPTOP LEGAL JANE Hf 9600 3,18195 t Mar-O1 18092 LATITUDE C600 IAPTOP PWA FIELD OFF 1313 2,947,83 1 Mar-01 i 24732 OPTIPLEX GX15O PC P1p1A-WPC JOHN PAI 1351 1,303.00 1 Apr-01 18814 OPTIPLEX PC J WOOD 9011 1,282.12 P Apr-01 18815 OPTIPLEX PC F RAYMOND 6611 1,282.12 1 Apr-01 18810 GPTIPLEX PC J ARRIE14 Bull 1,282.12 1 Apr-O1 20977 OPTIPLEX PC FLEET SUPVR Gall 1.282.12 1 Apr-O% 20976 OPTIPLEX PC Y REYNEIRS 6611 1,282.12 1 Apr-01 24793 " OPTIPLEX PC M GOHEEN 6611 1,282.12 1 Apr-01 24794 .247D4 GPTIPLEX PC B GIGENMANN 6011 1,282.12 1 Apr-O1 250DO OPTIPLEX PC F 13ELZEL 0811 1,282,12 1 Apr-01 • 17080 DESKTOP PC GPTIPLEX GX150 CUST 9086 1,052 Go I Apr-GI 17089 OPTIPLEX OX i50 DESKTOP PC CCS/USER ime 1,052.00 1 Apr-01 16041 DELL LATITUDE COOO CUSTONICR SERVICE 1342 3.58401 1 Apr41 17691 DELL LATITUDE LAPTOP ECONOMIC DE 0887 3,27666 1 Apr-O1 24873 OPTIPLEX GXISO DESKTOP PC 1351 1,303.00 1 Apr-011 24808 OPTIPLEX GXISO DESKTOP PC 1351 1,303.00 t Apr-hl 24889 OPTPPLEXGXIWDESKTOP PC 1351 1,303.00 / Apr-01 24891 OPTIPLEX GXiSO DESKTOP' PC 1351 1.303.00 1 Apr•OI ' 24890 OPTIPLE%GXISODESKTOP PC 1351 1130100 1 Apr-OI, 24897 OPTIPLEX GX150 DESKTOP PC 1351 1,303.00 1 Apr-O1 1 7600 OPTIPLEX GX 150 DESKTOP PC PUBLIC U'. 2053 1,342.00 .1 Apr-01 24838 LAr17UDE CSX LAPTOP CITY COMMI' 0100 1,068.TO 1 Apr•01 ' 24630 LATITUDE CSX LAPTOP MAYOR. 9100 1,068,70 1 Apr-Ot 21840 LATITUDE CSX LAPTOP CITY COIA411: 0160 1,068.73 1 Apr-011 24841 LATITUDE CSX LAPTOP O1G0 1,068,79 1 Apr•O1 24842 LATITUDE LAPTOP 11WILTON COMM ' Sipe 1,96879 1 Apr-011 24888 LATITUDE COW LAPTOP LAIC WILSON 0210 2,645 00 1 Apr-01 24807 LATITUDE CGOO LAPTOP RICK DEBORO 0219' 2,04500 1 Apr-01 i I f ' 1 '., '' ' C f ..t , '}. y .y• 1 ,I ',y' i } r r ' ' f , • } ! c ',. % Acqulsltfon Acquisition Acquisition Disposltlon • Au l0 Description Own Cctr Cost . ' Qty Date Date ' 2 8220 PRECISION 1MOf1KSTATION 820 9862 8,207.00 1 Apt-01 17602 OPTIPLEX GX150 DESKTOP PC PUBI.IC tJ' '2051 1,951.00 1 May01 17093 OPTIPLEX GX150 DESKTOP PC PUBLIC Lf 2051 1,351.00. i May01 17694 OPTIPLEX GX154 DESKTOP-PC PUBLIC U- 2051' • 1.351.00 1 Mny01 ' 24964 OPTIPLEX GX150 DESKTOP PC 1371 1.250.32 I Jum01 24965 OPTIPI,EX GX 150 DESKTOP PC 1971. 1.250132 1 Jun•01 24988, OPTIPLEX GX150 DESKTOP PC 1371 .250.32 1 1 Jun•Ot 01 24967 0PTIPLEXGX1600E6 KT0PPC 1371 1,2.50.32 1 Jun-01 17895 OPTIPLEX O%150 DESKTOP PC 2051 1,250 00 1 Jul-01 24961' OPTIPLEX OX 150 DESKTOP PC 9100 1,322.00 t Jul•01 24070 OPTIPLEX GX150 DESKTOP PC ' 97W 1,036.39 Jut•Ot 24863' OX200 DESKTOP PC 98$2 6 . 1,819 2$ 6 1 391.01. 24864 GX200 DESKTOP PC .' 2 •' 98 1,819,2 1 Jub03 24862 LATITUDE C800 LAPTOP, f)862 3,507,41 1 Jul•01 ' •24968 ' LATITUDE C800 LAPTOP 98032 3.507.41 1 Jul-01 24733 OPTIPLEX GX 1$O PC 1817 , 1.283.00 1 Aug-01 i 24734 CPTIPLEX GMS0 PC 884 1 1,283.00 1 Aug-01 1'24 108 LATITUDE CPXJ LAPTOP T MAHNONY' 1319 5,227.95 1 Sop-01 r 16739, LATITUDE CP%J LAPTOP 9831 3,09500 t Nov-011 75 Purchase Year 2001 144,611.44 7,928.15 per Unit .. ' I ' .' I ' • I S • ,' - I , 1 a J 1. ?y . Clearwater City Commission worksassion Item #: P L 1) rf?. Agenda Cover Memorandum Final Agenda item # Meoting Date: 12113/01 SUBJECT/RECOMMENDATf ON: Review of a license agreement between William Shephard, Trustee (licensor) and the City of Clearwater (licensee) for a sidewalk at Shephard's Lagoon Resort. MOTION: APPROVE a license agreement between William Shephard, Trustee and the City of Clearwater in the Bayside Subdivision No. 5, Block "C", Lots 1-5 and riparian rights. L and that the appropriate officials be authorized to execute same, SUMMARY: • The Shepard's Lagoon resort is 2.38 acres located at 619 South' Gulfview Boulevard on Clearwater Beach. The resort contains 94 hotel rooms and with 224-parking spaces (garage with surface parking spaces). • An expansion of the resort was approved by the former Development Code of Adjustment Board in 1998 with variances to the side setback, and side yard view corridor and front yard open space. The Board required that a tropical seascape landscape. design, including sidewalk, be provided. Because of a narrow setback along the South Gulfview Boulevard right-of-way, the design of the sidewalk was approved and constructed on the Shepard's site (private property) at the northwest, portion of the property. • The design of the site along the northwest portion of the parcel includes a five-foot sidewalk running parallel with South Gulfview Boulevard. It also includes semi-circular landscape areas around which an additional sidewalk is constructed. This four-foot serpentine sidewalk is located on the Shephard's property and is the subject of this license agreement request. • The City will be responsible for the general maintenance and repair of the serpentine sidewalk. The City will also undertake liability and hold the Licensor harmless from liability for public use over and across the sidewalk. • Authorizing the City Manager to execute this license agreement will assure that the serpentine sidewalk on private property is available for public access. Reviewed by: Originating Costs NA 7 Legal Info Srvc NA Planning o Total Budget - NA Public User Dept. Funding Source: _ Works Purchasing NA AGM Current FY GI Risk Mgmt NA Fire Dept. Attachments: OP License agreement Other Submitted by: ?? XI/ 4" City Manager Anoroorlation Code: Prlntod an racvelod manor fSAPlannlna DcoartmonhUty Commisslanlcc shoohords easmont 92001 aaenda.docl RDy. 2198 t PREPARED BYAND RETURN TO: HARRY S. CLINE, ESQ. Macfarlane' Ferguson R. INIciNfullen 625 Court Street / Suite 200 Post'Office Box 1669 Clearwater, FL 33757 LICENSE AGREEMENT THIS LICENSE AGREEMENT made and entered into this O day o,f titiL?M(3?1Z ; 2001, by and between WILLIANI SHEPHARD, as Trustee, hereinafter referred to as "Licensor",. whose address is: 619 S: Gulfvlew Boulevard, Cleanvater, FL 33767, and CITY OF CLEARWATER,' whose address is Post Office Box 4748, Clearwater, FL 33757-4748, hereinafter referred to as "Licensee", WITNESSETH: WHEREAS, Licensor is the owner of those properties described in attached Exhibit "A", situate in the County of Pinellas, State,of Florida; and WHEREAS, incident to development and construction of a parking garage, and expanding its resort facilities, Licensor agreed to landscape the property in accordance with that certain Landscape Plan for Shepherd's Lagoon Resort, 619 S. Gulfview Boulevard, Clearwater, FL 33767, in accordance with those certain plans prepared by Fowler Associates Architects, Inc., revised through May 1, 2001, and identified as Project No. 97-02, a reduced copy thereof being attached hereto as Composite Exhibit "B", consisting of a site plan and landscape plan prepared by Fowler Associates, Inc, for Sllephard's j Lagoon Resort; dated 8114101 and 5124/01 respectively, and being further identified as Sheets SD-1, Project 0 97-02, said area subject to the license being generally identified as the sidewalk and landscape area inside Licensor's property line in the northwest corner ofthe site, and lying south of the property line and north of the recently constructed parking garage, as the same is further identified on the attached Composite Exhibit "B" by cross-hatching; and WHEREAS,,incident to the Landscaping Plan, Licensee has requested Licensor to install''. a walkway, consisting of sidewalk, and a bridge across the detention area [the "Walk Area"], for public pedestrian use in common with the Licensee's cxisting sidewalks, which is agreeable to Licensor, conditioncd upon the Licensee being responsible for general maintenance and repair ol'the Walk Area,, and undertaking liability and holding Licensor's harmless from liability for public use over and across the Walk Area, it is AGREED, for Ten (S 10.00) Dollars and other good and valuable considerations, the receipt of which is hereby acknowledged, by and between the parties hereto as follows: L. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. 2. License. Licensor agrees and does hereby, at no expense or liability on the, part of Licensor other than initial installation of the Wall: Area depicted on the attached Exhibit "C", to make the Walk Area to include the bridge over the retention area, available to Licensee, for pedestrian access, ingress and regress, for Licensee, and its assigns, to include the public in general.. In consideration thereof, when the construction hasbeen complete and approved by-appropriate municipal, governmental or regulatory authorities, Licensee accepts, and will accept, the premises in their then state of condition ' and repair, and shall operate and maintain the same in such condition and state of repair during the term of this said license agreement, it being understood that Licensee will maintain and.utilize the Walk Area as set forth herein. .3. That for in consideration of tile foregoing limited privilege and license, the Licensee hereby covenants and agrees as follows: A. . Any and all utilization of Licensor's Walk Area, and the installation and use of any improvements thereon, and any operation, maintenance, repair or replacement thereof, shall meet all applicable codes, and shall be consistent with the original plans prepared and approved for the said Walk Area. 13. • Licensee shall irideninifyand hold Licensor harmless for personal injury and property damage arising as a result of the installation, maintenance, or existence of said Walls Area, it being understood and agreed that during the term of this license agreement, the Walk Areas for the use and benefit of Licensee, and the responsibility and liability therefore rests solely with the licensee, except for the wiIIful or wanton acts or omissions of Licensor. .4. License Coupled with an Interest. It is expressly understood and agreed by the parties hereto that this is a License Coupled with an Interest, in that the Licensor has committed that this license shall remain in existence for tilt; benefit of Licensee until the earlier of the'parking-garage 2 structure to which this license agreement is appurtenant, is razed or significantly modified, or until Licensee shall in writing give thirty (30) days notice to Licensor of the cancellation of this license agreement, and it is further understood that this is a permissive use undessoid license agreement, and that the maintenance or use of the property pursuant to this license shall not operate to create or vest,any property rights in the Licensee, other than expressly stated or provided herein. 5. Reserved Rig=hts of Licensor. Licensor expressly reserves the right fbr Licensor, its successors and assigns, as follows: (a) Licensor shall have the continuing and ongoing right to utilize the entire license area, so long as not inconsistent with this license agreement, to include the right to utilize or include the area in computations for floor area ratios or other density calculations, to utilize . dr include the same for set-backs, or other to meet other similar code requirements. (b) Licensor, its successors and assigns, shall have the ongoing right to use the area in common with Licensee, so long as such use is not inconsistent with the privileges herein granted. G_ Licensee'fermination. Licensee expressly reserves the right without cause to revoke this license agreement at will, without any liability on the part of Licensee, by giving Licensor sixty (60) days written notice. The effect of any such termination shall be to return the property and its use, operation and maintenance to Licensor, free of any ongoing obligation to maintain the Walk Area as a public pedestrian access or passageway, and the area, at the discretion of the Licensor, may be converted to a totally private use, so long as otherwise consistent with the code then in effect. Written notice of revocation unilaterally signed by Licensee, duly witnessed and acknowledged, shall effect the unilateral cancellation of this License Agreement without the joinder, consent or approval of Licensor. ?. Attornevs' Fees. That in the event of any litigation hereunder, the prevailing party shall recover all costs, attorneys' fees or other expenses incurred incident to thereto, including those on appeal. IN WITNESS WHEREOF, the parties hereto have set its hands and seals the day and year first above written. In the Presence of: G/. 1. LIZ41/ Print e: ?.r « ? ?r Print Name., kdruLaDj A. o)ij34 As to "Licensor" r JSEAL) WILLIAM SHEPHARD, Trustee 3 r ' • I r r CITY OF CLEARWATER By: Baa? J. Aungst, Mayor - William B. Horne, II, Commissioner' City 1Vlanager. . ' Apr as t?f?.o. n:' Attest: By: Cynthia E. Goudeau, City Clerk . Assistant City Attorney. As to "Licensee STATE OF FLORIDA COUNTY OF PINELLAS I HEREBY CERTIFY, that on this day personally appeared before, me', an officer duly authorized-tom iini§ter oaths and take acknowledgments, WILLIAM SHEPHARD. as Trustee, to me cts&4,111l1yknoNv?r who have produced . as identification, and known to ; me o c, i2ividual described in and who executed the foregoing instrument and lie acknowledged before me that lie executed the same for the purposes therein. expressed, . WITNESS my'-hand and official seal at Clearwater, aid County and State, this day of wouQa8. , 2001. z ? Notary Public Print-Name My Commission Expires: rl CNEMN Floic'f r+.^ :. ,`c, P of Florida STATE OF FLORIDA MY cr.??'-?: COUNTY OF PINELLAS I HE CERTIFY, that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, to me personally. own or who have produced o the CITY OF CLEARWATER, as identification, and known to me to be the individuals esenbedin and who executed the foregoing instrument and he acknowledged before ttte that they executed the same for the purposes therein expressed. WITNESS my hand and official, seal at Clearwater, said County and State, this day of , 2001. Notary Public Print Name My Commission Expires: 4 LEGAL DESCRIPTION: Lots I I h r u 5,. Block."C". Bayside Subdivision #5, according to' 'the map or plat thereof as recorded in Plat Book 38, Pages 36 and 39, Public Records of Pinellas County, Florida, and '.begi,n at the northwesterly corner 'of Lot I. Block ."C Boys i.de Subdivision #5, 'as recorded in Plat Book 38. Pages 38 and 39, of the Public.Records of Pinellas County,-Flar'ida: thence N. 547 25' 30" W., 65.14 feet along the souther ly I ine of GuIt Boulevard: thence S. 127 .40' 00" W„ and parallel to .the westerly' boundary o'f the said Lat I,- Block "C"; Boys ide• Subdivision #5,' a.-distance boundary'o'f Z86 feet to'the waters of Clearwater Bay and thence easterly along the shore line of Clearwater Bay 67 feet more or' Iess- to the intersection of the shore line of Clearwater Bay and the westerly boundary line of-,said'Lot'I, Block "C", Bayside Subdivision ,,#5', thence N. 127 40' 00". E., along the wester •I,y boundary of, the said lot 1, 'Block "C", Says i de Subdivision #5, 295 feet more or less to the.Point of Beginning, Section 17, Township 29 South, Range.15 East, Pine'1'Ias County, Florida. ACCURACY: 1. 'THE ACCURACY STANDARD USED FOR THE HORIZONTAL CONTROL FOR THIS SURVEY, AS CLASSIFIED IN THE MINI'MUM`TECHNICAL STANDARDS (61G17-6 FAC), IS "CC&UERCIAL". THE MINIMUM RELATIVE DISTANCE' ACCURACY FOR THIS TYPE OF SURVEY IS I'FOOT IN 10;000 FEET. THE ACCURACY OF THE MEASUREMENTS OF THE CLOSED GEOMETRIC FIGURE FOR THIS PROJECT WAS 1/83,100 WHICH EXCEEDS THE MINIMUN REOUIR.EMENT. " EXHIBIT y. .. S,7 w f?'riT 1 r 2 I N? !!7 ?! ?,.• ? rjl7. 3 S . I 1 - 3Yf ?t'll1?j,?a #?f{ 41 ?. ? ? tt I EE n all } ! ; F S 1!'' i= i '' 115 s tw ?y R I ''t•'' ?':S:•ISW S''t ? la• Aj ;4 "I I- e-d ?z . t ' - tuA;t]O 4 " x•' tY X s w ruu -[ac '? all, ? ' .?-e13 • ? • ? -R4 4 i w iIi Q Ul + 4 f t€! ale EXHIBIT ley •:1s•?.r. rrll ?? is.S?!. 3•t.c+d'l...:4'4 ? mow.. Ylltiwwn.fW M•f Nr .WY .4nINf JAW IMM 3 ' 10 ?L?? ? w TA?O,:{® 5?.LVt?DSSy 2i? ! 8 , » r? S.q??tYNd ?FIS ? 4 1 s .? Waver wwf lrw.ruaRra ?•wf M4 . Mir* wlf.ri elf N )3J,iH J V, n11 I ?+ I SSY M A10,4 0011 , s d (I S (JNV Icd3HS C v NO, L f4 i .I . 7 N 4 a w a C3 ' • O 93 . y •??,f' S•?RU ? •??? f '?e. ??' tY l• 1 F W. .: U. is El- ,• f??L7r,:•fm •, 90 ?C6 1 r4i 1•` r a ` ?j . f ( 1:10 'TE] 4 • ?r?4?r. vte.• usw. s .am,._?..w.?ra.?w.?. ».__a R l_..L.? n _ ? "'b>?d_ ? , rt (+T D. ' e. r +• - !?I i AnsrWI PLAN ?? -? -? 7j f? ," "• •... 1ai0?I rowl. f SSOC1A'1'r llil ' l l N '" ?7{ ' 120 ARCHITECTS. INC. LA'GOON RE SOR I i • ? `???., i : i? w 1 F rNir.i M,f.Nfr n..r YN.NNfIM aan•fM1,nW. W r Clearwater City. Commission Agenda Cover Memorandum Wrirk session Itern PU r Final Agenda Item # -- &P Meeting Date: 12/13/01 SUBJECT/RECOMMENDATION: Approve a State of Florida Department of Transportation Roadway Lighting System Maintenance Agreement for street lighting at the S.R. 55 (U.S. 19) at Coaclltnan Road and Sunset Point Road interchanges and adopt Resolution (11-42, Q and that the of ro priate officials he authorized it) execute same. SUMMARY: The City and the Florida Department of Transportation (FDOT) have determined that it is in the best interest and economic; advantage of both parties to enter into a Roadway Lighting System Maintenance Agreement for the street lighting at the S.R. 55 (U.S. 19) at Coachman Road and Sunset Point Road interchanges. « Lighting of these interchanges is important to the City for public safety reasons. This agreement is tine required mechanism to accomplish the lighting. • An understanding and agreement has been reached as to the responsibilities associated with the design, installation and maintenance of this street lighting. • The FDOT will be responsible for design and installation of the lights. The City will be responsible for maintenance and for payment of the energy costs (electric bill). • The estimated maintenance and electric costs should not exceed $15,000/year. + This document clarifies and expounds on the liabilities arising from a notice of a claim for damages. The City will indemnify FDOT from claims resulting from City negligence, and the FDOT will indemnify the City from claims resulting from FDOT negligence. • This agreement ensures the sovereign immunity of the City pursuant to Chapter 768.28, Florida Statutes. 'r • Copies of the Exhibit A and the Agreement are available at the City Clerk's Office for review. Reviewed by: Originating Dept: Costs NIA Legal lnf[7'5rVC NIA Public Worksrr? (P. Bertels) -N\-- Total Budget NIA PuNic Works User Dept. 1 Funding Source: Purchasing NIA DCM/ACM Public Works A tn./rng. Current FY Cl Risk hignit NIA Other Attachments OP Other Submitted by. City Manager Resolution 01.42 Appropriation Code: Printed on rrcvrled natter Roadwav t irJrtinst Swicm Maintenance Agreement with FDOT Rev. 2AS RESOLUTION NO. 01-42 A RESOLUTION OF THE CITY. OF CLEARWATER, FLORIDA, AUTHORIZING THE EXECUTION OF A ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT BETWEEN THE CITY OF CLEARWATER AND' THE S'T'ATE OF FLORIDA, DEPARTMENT ' OF TRANSPORTATION FOR STREET LIGHTING AT THE S.R. 55 .(U.S. 19) AT COACHMAN ROAD AND SUNSET POINT ROAD INTERCHANGES; PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interests of bath the City of Clearwater and the Florida Department of Transportation (FDO'r) to enter into a Roadway Lighting System Maintenance Agreement for the interchanges of S.R. 55 (U.S. 19) at Coachman Road and Sunset Point Road; and WHEREAS, the lighting of these interchanges is important to the City for safety reasons; and WHEREAS, the Roadway Lighting System Maintenance Agreement is the required mechanism,to accomplish said street lighting; and WHEREAS, the Agreement clarifies liabilities and ensures the sovereign immunity of the City, now, therefore, BE IT RESOLVED BY THE CITY COMMISSION OF THE, CITY OF CLEARWATER, FLORIDA: Section 1. The City Commission hereby accepts and approves the Roadway Lighting System Maintenance Agreement between the City and FDOT for street lighting along S.R. 55.(U.S. 19) at the .interchanges ofCoachnian Road and Sunset Point Road. Section 2. The City Commission liereby authorizes the City Manager and the Mayor- Commissioner to sign the Roadway Lighting System Maintenance Agreement described in the Resolution. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOP'T'ED this clay of _, ?001. Approved as to ibrip: J e C. Hayman T Assistant City Attorney .. Brian J. Aunbst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk ?9_ 6P Resolution No, 01.42 STATZ OF FLOF410A DEPARTMENT OF TRANSPORTATQtJ CJ 110.010.52 ROADWAY LIGHTING SYSTEM MAINTENANCE AGREEMENT UTUTIE5 10101 Page 1 o1 d Financial Project ID: 256888-1-52-01 Federal Project ID: NIA ', Work Program Item No. (old): 7116974 County/Section No: 151150 State Job No. (old): 15150-3580 District Document No: NIA THIS AGREEMENT, made and entered Into day of , year of , by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the"FDOT", and hereinafter referred to as the "MAINTAINING WITNESSETH WHEREAS, , there exists or is about to be installed on the state highway system a lighting system more particularly described in Exhibit A attached hereto, and by this reference made a part hereof, hereinafter referred to as the "Roadway Lighting System"; and; WHEREAS, the FDOT and the MAINTAINING AGENCY desire to enter into an agreement pursuant to the provisions of Rule Chapter 14-46 of the Florida Administrative Code providing for the maintenance of the Roadway Lighting System; NOW, THEREFORE, in consideration of the premises and the mutual covenants contained herein, the FDOT and the MAINTAINING AGENCY hereby agree as follows: 1. Maintenance, of the Roadway Lighting System a. The MAINTAINING AGENCY shall, at its sole cost and expense, maintain the roadway Lighting System throughout its expected useful life. b. In maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall perform all activities necessary'to keep the Roadway Lighting System fully and properly functioning at all times for its normal expected useful life in accordance with the original design thereof, whether necessitated by normal wear and tear, accidental or Intentional damage, OF acts'of nature. Said maintenance shall indlude, but shall n be limited to, routine inspection and testing, preventative maintenance, emergency maintenance, replacement of any component parts of the Roadway Lighting System (including the poles and any and a other component parts installed as part of the Roadway Lighting System), and the locating of facilities as may be necessary. C. All maintenance shall be in accordance with the provisions of the following: (1) Roadway and Roadside Maintenance Procedure, Topic No. 850-000-015; (2) Manual of Uniform Traffic Control Devices and Safe Procedures for Streets and Highway Construction; and (3) All other applicable local, state or Federal laws, rules resolution, or ordinances and FDOT procedures. 2. Operating Costs In addition to the costs of maintaining the Roadway Lighting System, the MAINTAINING AGENCY shall be responsible for all costs of operating the Roadway Lighting System, including, but not limited to, all costs of electrical power consumed by the Roadway Lighting System and all other electrical charges, 3. Record Keeping The MAINTAINING AGENCY shall keep records of all activities performed and costs expended pursuant to'this Agreement. The records shall be kept in such format as is approved by the FOOT. All such records shall be deemed to be public records subject to the provisions of Chapter 119, Florida Statutes. MM-52 urfUrles 10101 Pnpo 2 o14 4. Default in. the event that the MAINTAINING AGENCY breaches any provision of this Agreement, then In addition to any other remedies which are otherwise provided for in this Agreement, the FDOT may exercise one or more of the following options, provided that at no time shall the FDOT be entitled to receive double recovery of damages: a. Pursue a claim for damages suffered by the FDOT or the public. b. Suspend the Issuance of further permits to the MAINTAINING AGENCY for the placement of Facilities on FDOT property if the breach is material and has not been cured within fit] days from written notice thereof from FDOT until such time as the breach is cured. C. Pursue any other remedies legally available. d. Perform any work with Its awn forces or through contractors and seek repayment for the cost thereof from the MAINTAINING AGENCY. e. Require the MAINTAINING AGENCY to remove the Roadway Lighting System at the MAINTAINING AGENCY's sole cost and expense. 5. indemnification FOR GOVERNMENT. MAINTAINING AGENCY:' To the extent provided by law, the MAINTAINING AGENCY shall Indemnify, defend, and hold harmless the FDOT and all of its officers, agents, and employees from any claim; foss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the MAINTAINING AGENCY, Its agents, employees, or contractors during the performance of the Agreement, whether direct or Indirect; and whether to any person or property to which FDOT or said parties may be subject, except that neither the MAINTAINING AGENCY, its agents, employees, or contractors will be liable under this section for damages arising out of the Injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of its officers, agents, or employees during the performance of this Agreement. When the FDOT receives a notice of claim for damages that may have been caused by the MAINTAINING AGENCY In the performance of services required under this Agreement, the FDOT will immediately forward the claim to the MAINTAINING AGENCY. The MAINTAINING AGENCY and the FDOT will evaluate the claim and report their findings to each other within fourteen (14) working days and will jointly discuss options in defending the claim. After reviewing the claim, the FDOT will determine whether to require the participation of the MAINTAINING AGENCY in the defense of the claim or to require the MAINTAINING AGENCY to defend the FDOT fn such claim as described in this section. The FDOT's failure to notify the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY from any of the requirements of this section. The FDOT and the MAINTAINING AGENCY will pay their own costs for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates In the defense of the claim at trial, that parry is responsible for all costs. FOR NON-GOVERNMENT MAINTAINING AGENCY: The MAINTAINING AGENCY shall Indemnify, defend, and hold harmless the FDOT and all of Its officers, agents, and employees from any claim, loss, damage, cost, charge, or expense arising out of any acts, action, error, neglect, or omission by the MAINTAINING AGENCY, Its agents, employees, or contractors during the performance of the Agreement, whether direct or indirect, and whether to any person or property to which FDOT or said parties may be subject, except that neither the MAINTAINING AGENCY, Its agents, employees, or contractors will be liable under this section for damages arising out of the Injury or damage to persons or property directly caused by or resulting from the negligence of the FDOT or any of Its officers, agents, or employees during the performance of this Agreement. The MAINTAINING AGENCY's obligation to Indemnify, defend, and pay for the defense or at the FDOT's option, to participate and associate with the FDOT In the defense and trial of any damage claim or suit and any rel-ed settlement negotiations, shall arise within fourteen (14) days of receipt by the MAINTAINING AGENCY of the FDOT's notice of claim for Indemnification to the MAINTAINING AGENCY. The notice of claim for indemnification shall be served by.certified mall. The MAINTAINING AGENCY's obligation to defend and Indemnify within fourteen (14) days of such notice shall not be excused because of the MAINTAINING AGENCY's Inability to evaluate liability or because the MAINTAINING AGENCY evaluates liability and determines the MAINTAINING AGENCY Is not liable or determines the FDOT is solely negligent. Only a final adjudication or judgment finding the FDOT solely negligent shall excuse performance of this provision by the MAINTAINING AGENCY. The MAINTAINING AGENCY shall pay all casts and fees related to this obligation and Its enforcement by the FDOT. The FDOT's delay in notifying the MAINTAINING AGENCY of a claim shall not release the MAINTAINING AGENCY of the above duty to defend. 71n•nfo•s2 utttttlas 10101 P.190 3 of 4 6. Force Majeure Neither the MAINTAINING AGENCY nor the FDOT shall be liable to the other fsr'any failure to perform under this Agreement to the extent such performance is prevented by an act of God, war, riots, natural'catastrophe, or other event beyond the control of the non-performing party and which could not have been avoided or overcome by the exercise of due diligence; provided that the party claiming the' excuse from performance has (a) promptly notlfled the other party of the occurrence and Its estimate duration, (b) promptly remedied or mitigated the effect of the occurrence to the extent possible, and (r,) resumed performance as soon as possible. 7. Miscellaneous This Agreement constitutes the complete and final expression of the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, or negotiations with respect thereto, except that the.parties understand and agree that the FOOT has manuals and written policies and procedures which shall be applicable at the time of the project and the relocation of the Facilities and except that the MAINTAINING AGENCY and the FDOT may have entered Into joint agreements for Utility Work to be performed by FDOT's highway contractor. To the extent that such a joint agreement exists, this Agreement shall not apply to Facilities covered by.the joint agreement, Copies of FOOT manuals, policies, and procedures will be provided to the MAINTAINING AGENCY upon request. b. This Agreement shall be governed by the laws of the State of Florida. Any provision hereof found to be unlawful or unenforceable shall be severable and shall not affect the valld)ty of the remaining provisions hereof. C. Time Is of the essence in the performance of all obligations under this Agreement. d. All notices required pursuant to the terms hereof may be sent by first class United States Mall, facsimile transmission, hand delivery, or express mail and shall be deemed to have been received by the end of five business days from the proper sending thereof unless proof of prior actual receipt Is provided. The MAINTAINING AGENCY shall have a continuing obligation to notify each District of the FOOT of the appropriate persons for notices to be' sent pursuant to this Agreement. Unless otherwise notified In writing, notices shall be sent to the following addresses: if,to the MAINTAINING AGENCY: Mr. Paul Bertels, City of Clearwater Traffic Operations Manager ?rr_ _e venue, _ ui -e 220 Clearwater, Florida 33756--5520 if to the FOOT: . Mr. G. Sunny DeCoster Sr. FDOT District Utilities Engineer I 12U I N. 11c Kin e'y rive , MS Tampa , E.Lo n a J101 'So?'"' ...., .,?_. e. PUBLIC ENTITY CRIME INFORMATION STATEMENT: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity In excess of the threshold amount provided In Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. f. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bld on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. 71D-M-52 UTILITIE3 ' 1b1U1 ' Papa 4 of 4 8. Certification' This document Is a printout of an FDOT form maintained in an electronic format and all revisions thereto by the MAINTAINING AGENCY In the form of additions, deletions', or substitutions are reflected only In an Appendix entitled "Changes To Form Document" and no change Is made in the text of the document itself. Hand notations on affected portions of this document may refer to changes reflected in the above-named Appendix but are for reference purposes only and do not change the terms of the document. By signing this document, the MAINTAINING AGENCY hereby represents that no change has been made to the text of this document except through the terms of the Appendix entitled "Changes To Form Document." You MUST signify by selecting or checking which of the following applies: © No changes have been made to this' Forms Document and no Appendix entitled "Changes To Form Document" is attached. Q No changes have been made to this Form Document, but changes are included on the attached Appendix entitled "Changes to Forms bocument." IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective the day and year first writte MAINTAINING AGENCY BY (Signature) See attached signature page. DATE: (Typed Name: } Recommend Approval by the District Utility Office y BY (Signature) DATE: (Typed Name: G. Sunny DeCoster, Sr. ) FDOT Legal Review BY (Signature) DATE: District Counsel STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BY (Signature) DATE: (Typed Name: ) (Typed Title: ) FEDERAL HIGHWAY ADMINISTRATION (if applicable) 8Y (Signature) DATE: (Typed Name: ) .. ` _ ? ? ,. ?_ , ? ' . .. . i ? ' ? ? .. , ? Worksession Item #, (.L1 Clearwater'City Commission Agenda ,; - ?enda Cover Memorandum Final Agenda Item # , Meeting Date: 1A -IQ U SUBJECT/RECOMMENDATION: Adopt Resolution 01-44 authorizing the City's Finance Director to sign documents submitted to the Florida Ofl•;ce'of the Treasurer, and execute an Authorized Signature Certification certifying that this person represents the City, d and that the appto date officials be authorized to execute same. SUMMARY: • Pursuant to the Third Amendment to the Joint Participation Agreement (JPA) between the City and the Florida Department of Transportation (FDOT), the City has deposited funds with the FDOT for construction of the new Memorial Causeway Bridge. • The JPA includes a Memorandum of Agreement between the City, the FDOT and the Florida Department of Insurance, Division of Treasury providing for investment and management of this escrow account. • It will be necessary for the City's Finance Director to request interest disbursements from this escrow account. • Approval of Resolution 01-44 and the associated "Authorized Signature Certification" form will allow the City's Finance Director to conduct these transactions. Reviewed icy: Originating Dept:-. Costs NIA Legal Info 5rvc NIA PW Engineering (M. Quillen) Total Budget NIA Public Works w laser Dept. ' Purchasing Finance Funding Source: NIA DCM/ACM Current FY CI Risk Mgmt NIA Other Attachments OP Resolution 01-44 & Other Authorized Signature Certification form Submitted by: City Manager None Appropriation Code: 4r Prln}nd nn enrurlnd nnnnr Rau 2/9B ?(dP 9 RESOLUTION NO: 01-44 A RESOLUTION OF THE CITY OF CLEARWATER, -FLORIDA, AUTHORIZING THE CITY OF CLEARWATER FINANCE DIRECTOR TO ISSUE INSTRUCTIONS AND ENTER INTO AGREEMENTS OR CONTRACTS WITH THE TREASURER OF THE STA"fE OF FLORIDA CONCERNING ALL CASH, BOOK-ENTRY, AND SECURITY TRANSACTIONS ON BEHALF OF THE CITY; PROVIDING AN EFFECTIVE DATE. ' WHEREAS, Pursuant to the Third Amendment to the Joint Participation 'Agreement (JPA) between the City and the Florida Department bf Transportation (FDOT), the City has deposited funds with the FDOT for construction of the new Memorial Causeway Bridge; and WHEREAS, the JPA includes a Memorandum of Agreement between the City, the FDOT and the Florida Department of Insurance, Division of Treasury providing for investment and management of this escrow account; and WHEREAS, it is necessary for the City's Finance Director to request interest disbursements from this escrow account; and WHEREAS, the City of Clearwater waives the placement of the City seal on all documents signed by the undersigned representative and agrees to be bound asJuily as if the City seal were affixed; BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER,' FLORIDA: Section 1. The City Commission hereby authorizes the following official to sign documents on behalf of the City related to transactions with the Florida Department of Insurance: Margaret L. Simmons, CPA, Finance Director Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of .2001. Brian J. Aungst Mayor Commissioner M. Resolution No. 01-44 I IMIL TO: Office of the Treasurer Department orinsurance Bureau of Collatetai Securities Post Office Box 5240 Tallahassee, FL 32314-5200 Attentlnn: Trust O orations Section AUTHORIZED SIGNATURE CERTIFICATION The undersigned officer/official of----5950000ZB9 _„- (FEDIERALTAX ID NUMBER OF ORGANIZATION) CITY OF CLEARWATER (EXACT NAME OF ORGANIZATION) P.O. BOX 47413 (COMPLETE ADDRESS OF ORGANIZATION) CLEARWATER FLORIDA 33758-4748 _ hereby certifies that the persons named below are duly empowered to issue instructions and • enter into agreements/contracts with the Treasurer of the State of Florida concerning all cash, book-entry, and security transactions on behalf of this organization.. Once filers, the Treasurer shall accept any one of the following signatures for these purposes until countermanded in writing or superseded by a new certification. A RESOLUTION AND MINUTES ADOPTING THE RESOLUTION FROM THE BOARD OF DIRECTORS MUST BE ATTACHED TO BE USED TO VERIFY THE PERSONS AND POSITIONS WITH A UTHORI TY TO ACT ON BEHALF OF THE ORGANIZATION. NAME. & TITLE SIGNATURE MARGARET L. SIMMONS 2 C.P.A. FINANCE DIRECTOR Dated this day of zn (SEAL OF ORGANIZATION) (SIGNATURE) IF NONE HAVE FORNI BELOW COMPLETED _ CITY CLERK (TITLE OF CERTIFYING OFFICER) TIiIS CERTIFICATE MUST BE EXECUTED BY AN OFFICERIOFFICIAL RESPONSIBLE FOR NIAINTAINING THE ORGANIZATION'S RECORDS. AN OFFICER Vi'IIO CERTIFIES INS OWN SIGNATURE WILL NOT BE RECOGNIZED UNLESS ANOTIIER OFFICER 1YIIO RAS ACCESS TO TIIE RECORDS ALSO CERTIFIES. (ADDITIONAL SIGNATURE do TITLE) (TIIE FORM BELOW MUST BE COMPLETED IF THE ORGANIZATION IIAS NO SEAL.) Subscribed and swom/certi(ied to before me, this day of 'L4 at , by the above-named person(s) as described, whose identity (or the identity of each of whom) is weil known or proved tome, (OFFICIAL STAMP OR SEAL) (SIGNATURE OF NOTARY PUBLIC) (ADDRESS) My commission expires 1 AJPA AND LAPVPA AND LAPIAUTI IORIZED SIGNATURE CERTIFICATION FORM.doc l?(.j ? Clearwater City Commission Warksession Item #: P y"- Agenda Tcnda Coy,er Final Agenda Item # iviemorandtim Meeting Date: 12113101 SUBJECT/RECOMMENDATION: Pass . Ordinance #6929-02 on First Reading, establishing continuation of existing watering schedule for the City of Clearwater, Cd and that the a'wrocriate officials be authorized to execute same. SUMMARY: • Southwest Florida Water Management District (SWFWMD) issued a final order (SWF 01-14) on March 21, 2000, declaring a water shortage emergency for Pinellas, Hillsborough, and Pasco Counties. • On April 5, 2001, the City Commission adopted Ordinance 6797-01,, providing a declaration of an emergency water shortage and changing the fine structure and retaining the County's watering schedule, and on September 20, 2001, the City Commission adopted Ordinance No. 6840- 01codifying the emergency ordinance. Both Ordinances contained a provision making them effective as long as the Phase III water emergency remains in effect in Clearwater. • The City of Clearwater met'this emergency challenge by reducing water consumption over 11% from March through September this year as. compared to the same time period last year. Our residents continue to support and participate in important water conservation measures. • Effective November 12, 2001, SWFWMD adopted SWF 01-83 changing the watering schedules. The schedules are different based on where the water supply comes from, 'be it ground water or surface. Water, and different within the Water Management District boundaries. The new watering schedule allows for two-day a week watering and an extension of the hours when watering is' permitted. However, one-day a week watering remains in effect for users who receive their water from the Tampa Bay Water Consolidated Permit Weilfields. This includes the City of Clearwater. • This drought put a strain on this area's water supply. In an effort to protect public health and maintain a sustainable water supply, a consistent message must be delivered to our residents. • The current and recommended water schedule is: a When using potable water (domestic and lawn meters): Addresses ending in even numbers or letters A through M may water Tuesday only. Addresses ending in odd numbers or letters N through Z, or at locations with no address, may water only, on Sunday, There is no watering between 8:00 AM and 6:00 PM. o When using water from wells, lakes or ponds: Addresses ending in even numbers or letters A through M may water Tuesday only. Addresses ending in odd numbers or letters N through Z, or at locations with no address, may water only on Sunday. There is no watering between 10:00 AM and 4:00 PM. Reviewed by: Originating Dept: Ar-1 Costs Legal t5Lij- into srvc NA Public Works Administration Total 0 Budget NA Public Works User Dept. ? Funding Source: NA Purchasing DCMIACM Public Utilities Currant FY C{ And Neff) Risk Mgmt NA CCS 9 Attachments - OP Dev Services - Ord. #6929.01 Other ? None Submitted by; -D 04U A" Appropriation Code: City Manager , 0 Printed on recvciod oapQr Rev. 2190 ri U ORDINANCE NO. 6929-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING TO A WATERING SCHEDULE;. CREATING SECTION X2.153, CODE. OF ORDINANCES, ESTABLISHING A SCHEDULE FOR THE USE OF WATER OUTDOORS; AMENDING SECTION 32.154, CODE OF ORDINANCES, RELATING TO THE ENFORCEMENT PROCEDURE; RENUMBERING SECTION 32.156, CODE OF ORDINANCES; RENUMBERING AND AMENDING SECTION 32.159, CODE OF ORDINANCES; RELATING TO PENALITIES; PROVIDING AN EFFECTIVE DATE. WHEREAS, as one of many responses to a serious drought, the Southwest Florida Water Management District (SWFWMD) issued a final order (SWF 01-14) on March 21, 2000, declaring a water shortage emergency for Pinellas, Hillsborough, and Pasco Counties;.a id WHEREAS, on November 12, 2001, SWFWMD issued SWF 00--18(3) by which it reaffirmed the water shortage emergency and the once a week watering restrictions for customers of Tampa Bay Water and its users, and changed to twice a week 'the watering restrictions for users of wells, ponds and streams; and WHEREAS, the City Commission of the City of Clearwater finds that its current watering schedule and watering days have resulted in more efficient use of the water resource and compliance with the schedule is better maintained; and WHEREAS, the City Commission of the City of Clearwater wishes to abide by the directives of SWFWMD with the overriding goal of conserving the City's water resource; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.153 is created to read: Sec. 32.153 Watering Schedule The declaration of a water shortage condition or water shortage emergency affecting all or part of the city or its water service area by the governing board or the executive director of the district supports and requires the following watering schedule for lawns, landscape and other uses of water and such schedule is established for the. City of Clearwater as set forth below. (1) When using.potable water (domestic and lawn meters): Ordinance No. 652$•02 i (a) Property addresses ending in even numbers, letters 'A through M'- on Tuesday, (b) Property addresses ending in odd numbers, letters N through Z, or no street addresses'- on,Sunday, (c) All locations - no watering between 8:00 a.m. and 6:00'p.m. on any day; (2) When using water from wells, fakes or ponds: (a) All locations - Sunday and Tuesday only, (b) All locations = no watering between 10:00 a.m. and 4:00 p.m. on any day; (3) When using reclaimed water: (a) All locations - on any day' of the week, (b) All locations - no watering between 10:00 a.m. and 4:00 p.m. on any day; (4) .Establishment period for new lawns: (a) Newly installed lawns may be watered daily, for 60 days, if necessary. Watering is allowed only during authorized hours for water source. (b) No watering between' 10:00 a.m. to 4:00 p.m. for well/lakes/ponds or from 8:00 a.m. to 6:00 p.m. for potable water.. (c) All locations which contain at least 50% of new plant material - for 60 days and at authorized hours for water source, i. (d) All locations which contain less than 50% of new plant material -- for 60 days, at authorized hours for water source and by means other than irrigation system, unless an irrigation zone is created for the area with new-plant material or watered so that only the new plant material is irrigated. - for 60 days, at authorized hours for water source. For the remainder of the location, irrigate at authorized hours for water source. (5) 'Establishment of new landscaping, such as trees, shrubs and plants: New landscaping, including trees, shrubs, and plants, may be watered daily if done by hand with -a handheld hose with an automatic shutoff. No watering is to occur between 10 a.m. and 4 p.m.; and (6) - Miscellaneous - Applicable to all water sources: (a) Cars may be washed on any day, at any time, when necessary. A shutoff nozzle or other water efficient device must be used on the watering source, (b) Hand watering of trees, shrubs, flower and vegetable gardens is allowed as needed. A shutoff nozzle or other water efficient device must be used, 2 Ordinance No. 6929-02, (c) Hand watering of lawns is restricted as provided in subsections (1), (2), (3),.(4), and (5) of this section, (d) Insecticides, fungicides and herbicides may be watered . in on an unauthorized day, but watering must be within authorized hours and limited to. the minimum of watering necessary. Regular designated irrigation day and hours should be used when possible, (e) Fertilizers should be watered in on authorized day, during restricted hours. Section 2._ Section 32.154, Code of Ordinances, is amended as follows: Sec. 32.154 Enforcement of division. (1) Every police officer shatl or code enforcement officer of the city, in addition to all other duties imposed by law, shall diligently enforce the provisions of this division. In addition, the city manager may delegate the authority to designated code enforcement officers of the city to issue warnings, citations/notices to appear in County Court to persons in violation of this division pursuant to section 1.12(3): or to enforce the provisions of this division through citation to'the municipal code enforcement board pursuant to section 1.12(2) or Article-VII of.the land development code. When notices to appear are issued to County Court pursuant to this Division, violators of any, provision of this division shall be subject to the imposition of fines as set forth in the Pinellas County Uniform Fine Schedule as adopted by Administrative Order of County Court No. PI-CTY-99-4 of the County. Court, as amended from time to time. (-24-As-an--a4ternatWe -methed-ef-eefarsement--ssde-enferse meat-GfPGer-or-a police--aff+ser-chat n AFst-aGrA Ge-ef-#ailare-to-serer wit44he-water-restfistions4ag the4alattng$r-pa ljth a-waning:--1 fpSn-€rad;ng-e#-a-secaed-ar-subs?gae -uialatier?; the-utility stemerOf-resaFd-resi?g-ia-?respar?sihle-fer-tk?ew ter-as"ewer-billat4he tape epeF shall-be--sec -$-=fA4---Susie4me--amGuets- w it-be-billed4G4-he-utility sustetief-of-Fe Fd by ustgmer-9emice-deparmen4 tility-sust?r?aer-e€ reseFd aggri?he-imposition-e?l?e-fine-efl-sash-suster?e?-shall-laawe-tl?e-right-ef-appea-l te-tti ger-0 -#is-designee -?usk?-appeal-s#al#-be-rpened-?y4itipq-a-wriften statement-wt 444esity-ele*-withir}-ten-da„, ;e-Fn iliPq-sf-tb bill-aa-which-the-fine isr-imposed; Tie wr+tte?statenae?sl?allrset-fnr#?-tkrc?gFeuflds?c3r-s??et?appeal:-T-#ae-city slerl?shall=nstify?s-s+t}?-?raeage? -sf--#?is-designee--vv?s?-shall-sc#-ied?le--a-lrrearing-a+?d shall--give-neti wearing-to the-appealing +lity ?rstemef- ef-fecef? he desisies acid-efder+ef-the-si#y a agef-ar_#ls-desig e-sl all?e-#faal d-cAnEl?tsive This 9L656 shall not preclude-atter?ati sitatiea-i+?--seunt owt er--te-the frrur+is1pal-cede-ecf4FsemeA bear4- (2) (3) The provisions of this division shall be enforced within the city and, to the extent permitted by law, within the water service area of the city outside the corporate limits of the city. Section 3. Section 32.156, Code of Ordinances is renumbered as Section 32.155, Code of Ordinances, to read: Sec. 32.1556. Water users to accept provisions of division. 3 ordinance No. 6929-02 No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this division. The acceptance of water service shall be in itself the acceptance of the provisions of this division. Sec. 32.1565. Water use restrictions; enforcement; penalties. Except as provided in this section, the use of the water resource, whether from public or privately awned water-utility systems, private wells or private connections with surface water bodies, for irrigation shall be limited and .restricted in Section 32.153 as-4n41rate44R Pine4asCeun#I-Gode-Seetie 82 ' (a) 11 gh (r,,)-and-an,,-re?icmens set-#a las-Gednty-by-ardl nee-efi-res u tea-enema-enae?gees (1) Enforcement. These restrictions set forth in this section shall be subject to enforcement action pursuant to section 32.154 'of this division. (2) 'Penalties. Any violation of the restrictions' of this section shall. be punishable as a-GIass 1V or lassi. isat+ofl-1a#fsn' as provided in section 32.1545e€-t h +s-4i n: Section 6. This ordinance shall take effect. immediately upon 'adaptiori. PASSED ON FIRST READING PASSED ON SECOND AND FINAL READING AND ADOPTED 'Approved as to form: C 4L ?ne C. Hayman U . Assistant City Attorney Brian J. Aungst Mayor-Commissioner Attest: Cynthia E. Goudeau City Clerk ' 4, ' ordinance No. 6929.02 qa !. NEW SOD 1 SEED 1 PLANTS This is a summary of current Southwest Florida Water Management District water restrictions as they relate to new sod, grass, plugs and plants: o. New sod, grass plugs, seed, and other recently installed plant materials may be watered on any day of the week for a 60 calendar day establishment period (stricter local restrictions may apply). • Overseeding (adding ryegrass seed to) an existing lawn to improve winter color does not qualify for a 60-day establishment period exemption. • Establishment period starts when the plant material is installed. o The extra watering must still be done during normally allowable times of the day; District restrictions allow watering during the morning (until 10:00 a.m.) or in the evening (after 4:00 p.m.); stricter locally imposed time limits may also apply. • Establishment period irrigation is limited to only those portions of your lawn and landscape that have new plant material, o A specific irrigation system zone may be set to an establishment watering schedule if the area it waters contains at least 50% new plant material; zones that contain less than 50% need to be temporarily modified or watered by some other means so that only the new plant material is irrigated. o Consider the use of careful handwatering, "soaker" hoses, and microirrigation'for establishment period watering, when appropriate. o As proof of what'date you installed the plant material, be sure to keep a dated receipt. Some local governments have made stricter local watering restrictions, please verify this information directly"with the local government involved before making any changes to these irrigation practices. Thank you for your inquiry, as it demonstrates your commitment to conserving Florida's most precious natural resource. If you have any-questions, please call 1-800-423-1476, extension 4498. 11108101 New Plants jdr Records & Data (factsheets) rf U ' ORDINANCE NO. 6929-02 Y ? AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA, RELATING' TO A WATERING SCHEDULE; CREATING • SECTION 32.153, CODE OF ORDINANCES, ESTABLISHING A SCHEDULE FOR THE USE OF WATER OUTDOORS; AMENDING. SECTION 32.154, CODE OF ORDINANCES, RELATING TO THE ENFORCEMENT PROCEDURE; RENUMBERING SECTION 32.156, CODE OF ORDINANCES; RENUMBERING AND AMENDING SECTION 32.159, CODE OF ORDINANCES,' RELATING TO PENALITIES; PROVIDING. AN EFFECTIVE DATE. WHEREAS, as ' one of many responses to a serious drought, the Southwest Florida Water Management District (SWFWMD) issued a final order (SWF 01-14) on March 21, 2000, declaring a water shortage emergency for Pinellas, Hillsborough, and Pasco Counties; and WHEREAS, on November 12, 2001, SWFWMD issued SWF 00-18(3) by which it reaffirmed the water shortage emergency and the once a week watering restrictions for customers of Tampa Bay Water and its users; and changed to twice' a week the ' watering restrictions for users of wells, ponds and streams; and WHEREAS, the City Commission of the City of Clearwater finds that its current watering schedule and watering days have resulted in more,efFclent use of the water resource and compliance with the schedule is better maintained; and WHEREAS, the City Commission of the City of Clearwater wishes to abide by the directives of SWFWMD with the overriding. goal of conserving the City's water resource; now therefore, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. Section 32.153 is created to read: Sec. 32.153 Watering Schedule The declaration of a water shortage condition or water shortage emergency affecting all or park of the city or its water service area by the governing board or the executive director of the district supports and requires the following watering schedule for law,7s, landscape.and other uses of water and such schedule is established for the City of Clearwater as set forth below. (1) When using potable water (domestic and lawn meters): Ordinance No. 6929-02 I'. (P) Property addresses ending in even numbers, letters A through M - on Tuesday, (b) .Property addresses ending in add numbers, letters N through' Z, or no street addresses - on Sunday, ..(c) All locations - no watering between 8:00, a.m, and 6:00 p.m. on any day; (2) When using water from wells, lakes or ponds: (a) All locations - Sunday and Tuesday only, (b) All locations - no watering between 10:00 a.m. and 4:00 p.m, on any day; (3) When using reclaimed water: (a) All locations - on any day. of the week, (b) All locations -no watering between 10:00 a.m, and 4:00 p.m. on any day; (4) Establishment period for new lawns: (a) Newly installed lawns may be watered daily. for 60 days, if necessary. Watering is allowed only during authorized hours-for water-source'. (b) No watering between 10:00 a.m. to 4:00 p.m. for wellllakeslponds or from 8:00 a.m. to 6:00 p.m. for potable water. (c) All locations which contain at least 50% of new plant material'- for 60 days and at authorized hours for water source, ' (d) All locations which contain less than 50% of new plant material - for 60 days, at authorized hours for water source and by means other than irrigation system, unless an irrigation zone is created for the area with new plant material or watered so that only the new plant material is irrigated. - for 60 days, at authorized hours for water source. For the remainder of the location, irrigate at authorized hours for water scurce. (5) Establishment of new landscaping, such as trees, shrubs and plants: New landscaping, including trees, shrubs, and plants, may be watered daily if done by hand with a handheld hose with an automatic shutoff. No watering is to occur between 10 a.m. and 4 p.m.; and (6) Miscellaneous - Applicable to all water sources: (a). Cars may be washed on any day, at any time, when- necessary. A shutoff nozzle or other water efficient device must be used on 'the watering source, (b) Hand watering of trees, shrubs, flower and vegetable gardens is allowed as needed. A shutoff nozzle or other water efficient device must be used, 2 Ordinance'No. 6929.02 (c) 'Hand watering of lawns. is restricted as provided in subsections (1), (2), (3), (4), and (5) of this section, (d) Insecticides, fungicides and herbicides may be watered in on an unauthorized day, but watering must be within authorized hours and limited to the minimum of watering necessary. Regular designated irrigation day and hours should be used when possible, (e) Fertilizers should be watered in on authorized day, during restricted hours. Section 2. Section 32.154, Code of Ordinances, is amended as follows: Sec. 32.154 Enforcement of division. (1)'' Every police officer shad or code enforcement officer of the city, in addition to all other. duties imposed by law, shall diligently enforce the; provisions of this division. In addition, the city manager may delegate the authority to designated code enforcement officers of the city to issue warnings, citationstnotices to appear in County Court to persons in violation of this division pursuant to section 1.12(3). or to enforce the provisions, of this division through. citation to the municipal code enforcement board pursuant to section 1.12(2) or Article V11 of the land development code.. When notices to appear are issued to County Court pursuant to this Division, violators of any provision of, this division shall be subject to the imposition of fines as set forth in the Pinellas County Uniform Fine Schedule as adopted by Administrative Order of County Court No, PI-CTY-99-4 of the County Court, as amended from time to time. r''' As an -''te at a-met -n4brGem en a-cede-eRfGFGemept-e€ficer or-a pause-a#fG hal ruffense-of #aituFe-to-wmply- th4he-water-estr4GtieFlS4ag tt?e-viotatiflg-prope#?wi?ar-??+ng--U?o?#+ndfng-ef-a-seser?d-e?=-subsegaea?wotata©R; the-utog"stomeF-afeew44esid+ngara-er-mspen&ible-€er the-water-and-sewerbill-at-the tagged-WepeFty rshall-be-€ne 100- Gh-€fle--an4ounts-w4l--be--bliled4o4h"ilty G4&tarneF-of MG0 by-tlae-Gustemeir-,SePiseAepar-gent--Any-utili"stGFner--of-word agg4eved-by4he4mpes14GR of the ne-Gn--sueh-Gustvmer-Ghaii-have4he-right-a€-appeal te4he-6ity Ria -axis-designee--much-appeal-shall-be4ipene"y4ling-a-wr4tten statemee vAt)i4lae-si"er-k-vAtWF --tern-days-after the- n iling-0f-the-bilt-en•-which-4he-fine is-irnpesed---T-he-written-statement shall-set-forth4he-grounds-far--such-appeal:-The-city clerk-shall -aatify-the-sity mall age?r-hls-designeesalt-shedula-a- heafing-and shall--give--nefise-Gf--sueh-hearang-t4o t4hee-appealing-ut0ityr sustemef-Gf-reseal:--T-he desisien?f?Fdef-ef?-the-sit-y-fr?anagef--ef-his--designee-stiali--be-fir;al-af?d-sensl?sive: T-kris--fiaa-?focess--staatt-net--pfeetude-after-natiue--citation--le-r?uc?ty-saur?--er=to--the MUR!Gipal-lade-eRfefeerneft-boafd: (2) (3) The provisions of this division shall be enforced within the city and, to the extent permitted by law, within the water service area of the city outside the corporate limits of the city. Section 3. Section 32.156, Code of Ordinances is renumbered as Section 32.155, Code of Ordinances, to read: Sec. 32.•1556. Water users to accept provisions of division. 3 Ordinance No. 6929.02 r No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this division. The acceptance of water service shall be in itself the acceptance of the provisions of this division. Sec. 32.1569. Water use restrictions; enforcement;' penalties. Except as provided in this section, the. use of the water resource, whether from public or privately owned water utility systems, private wells or private connections . with surface water bodies, for irrigation shall be limited and. restricted in Section 32.153 ar,4nd-isate44n-l2h; As County de-Ser-9 82 2--(a-)4hmugh-(4and-aRy-re6tris#?Gns set-#eAh -by 121aellar Guaty- rd+naRSe-er-resel?tien-en-aa-e er?er+ey-I?aeis Enforcement. These restrictions set forth in this section shall be subject to' enforcement action pursuant to section 32.154 of this division. (2) Penalties. Any violation of the restrictions of this , section shall be punishable as a-slass "V eF _'* heFslassi sattoq--vielatio# as provided in section 32.154?e€-tl?lsrdlwsien. , Section 6. This ordinance shall take effect immediately upon adoption. PASSED ON FIRST READING PASSED ON SECOND AND FINAL. READING AND ADOPTED Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: ne C. Hayman Cynthia E. Goudeau Assistant Clty Attorney City Clerk 4 Ordinance No. 6929.02 I , Any zone of a property may only be watered once during the allowable day. Evening Hours _ ` Morning `` 12:01 AM to B:OD AM G:00 PM to 11:59 PM IIinc?I1:I? Cm Ill tN I -tiIiIles • Watering is prohibited between the hours of 5:00 AM and 6:00 PM CURRENT WATER RESTRICTIONS I i t W i i C U rr a er gat on ng ounty s RESOLUTION 41 335 Eff 12117141 ti - ec : ( ve ) • Irrigation of established lawns and landscaping is authorized for one day per week. Yf. our. ! ous " e;number ends' in: hen"^ y_-.- _..... ou may Nvatcr-on:... ---y - -. ? ----- _0 .or 1 ~- A throw h E Monday 2 or 3 F through Tuesday ? I, 4 or 5 K through _.. - i Wednesday LA-- G or 7 P through S - --- -,- -,?^ Thursday -- -? ?- -_- T throw h Z? ?I? -8 or9-- Lt-_ ? '? - Friday_ ---__-- ? - Mixed or No address. - Friday:__:w:_ -#I- rj0 Irrigation Using Wells/Lakes/Ponds J BOARD ORDER SWF 01-18: (Effective 11112101) • Irrigation of established lawns and landscaping is authorized for two days per week. if. o`ui hnusc nbmlicr ends,in: .]?-. Then you may water:on:^ ;? -- EVEN number (0, 2, 4, 6, 8) i? Tuesday and/or Sat .___ - - W- - - - __ -- ODD number {1 Sunday and/or Wednesda ---'.?-_--_-._--? Y .- ?r Mixed or No address if Sundav and/or Wednesday ' ° iYiorriing.Hours ' J? • . I-.vening Haur. -12:Q1 AM tny10:QQ AM 4:00 PM to 11:59 PM • Watering is prohibited between the hours of 10:00 AM and 4:00 PINI Pinellas County Utilities (727) 464-4000 Website Address: wivw.utiiity.co.pinellas.fl.us Fax (727) 453-3266 PINELLAS COUNTY HNES Southwest Florida Water Management District 1-800-423-1476 OR 1-800-848-0499 Website Address: w`vw.mvfwmd.state,fl.us OTHER RESTRICTIONS (APPLIES TO ALL WATER SOURCES) New turfgrass and new plant materials may be watered New Lawn & New Landscaping foi- a 60-day establislinrent period • Only during authorized hours. • Isolated to new lawn or plant area only. Establishment Period • Exemption begins on the day of installation. Irrigation Exemption. . On the day of installation new turfgrass or plant material may be irrigated once without regard to the normally allowable watering times. • An entire zone of an irrigation system may be used Board'Order SWF 01-83 (Effective: 11/12101) for establishment period irrigation ifthe zone waters an area that contains at least 50% new plant material. • Partial zone or dispersed plantings-shall be watered by some other, more targeted means of supplemental irrigation. • You may fax proof of new lawn/plant material to (727) 453-3266. Washing Windows,. Buildings & Not specifically prohibited. Low-volume methods Mobile Homes must be used. Washing Sidewalks :& Driveways Prohibited Washing Vehicles, Cars, Boats, May be washed on any day, at any time, when Boat Motors & Recreational Vehicles necessary. A shut-off nozzle or other water-efficient device must be used. Trees, Shrubs, Flower & Hand-watering allowed as needed. A shut-off nozzle e etable Gardens or other water cfficient'device must be used. Irrigation to water-in necessary lawn chemicals is allowed when specified by the manufacturer's label Lawn Chemicals recommendations or when required by law. Chemical applications must be watered during authorized watering hours. Regularly designated irrigation days should be used when possible. Only on designated days. Currently, there are NO Hand-watering Lawns approved low-volume irrigation devices for use oil Florida lawns. Over-seeding Seeding with temporary grass to improve winter color does not ualif for establishment eriod exemption. Approved devices (such as micro-irrigation bubblers, Low-volume. Irrigation Devices soaker hoses, or drip tubing) are not restricted to specific days or times of operation. Verti-Cutting The lawn may be watered once a tray, within designated hours, for up to two weeks after the rocedure is accomplished. Reclaim Water An irrigation source must be 100% reclaimed water to be unrestricted. Wasteful & Unnecessary Use of Water Prohibited in accordance with Chapter 40D-21,601(2), Florida Administrative Code. RVV 121201 1 I" g „ Page 1 of 2 Brink, Carolyn Cooks To: To: Commission Q? Subject: FW: Agenda Item 70, Proposed Ordinance 6929.02 Water Restrictions DEC 11 2001 FYI. cb -----Original Message---- PRESS From: Brink, Carolyn CLERK r rJroRNEY Sent: Thursday,'December 13, 20018:31 AM To: 'Dave Campbell' -Subject: RE: Agenda Item 70, Proposed Ordinance 6929-02 Water Restrictions Dear Mr. Campbell: Your e-mail has been received and will be copied to Mayor and Commissioners, -----Orlginal Message----- From: Dave Campbell [mailto:clearwater@pobox.com] Sent: Wednesday, December 12, 20016:31 PM. To: Mayor and Commissioners Cc: clearwaterhomeowners@egroups,com; Bill Horne Subject: Agenda. Item 70, Proposed Ordinance 5929-02 Water Restrictions Dear Mayor, and Commissioners, Tomorrow night's agenda for your Commission meeting has proposed Ordinance 6929-02 scheduled as item 72 on a very long list of other items. This item affects virtually every citizen of Clearwater, I know of people who would like to come and address tho Commission regarding the issue -- but not at the end ofa long meeting. ' There are in excess of 30 agenda items dealing with annexations alone. Typically, there are never any citizens to speak for or against such items, Given this background, would it be possible to re-align this proposed Ordinance on the agenda such that it. would be heard at the beginning of the Commission meeting? Although this issue has a profound impact on all citizens of Clearwater, perhaps it should 'have been held as a public hearing in the first place and not as Other Items On City Manager Report at the end of th.- meeting. Little or no notice was given to the public that their watering restrictions were even being discussed at your Commission meeting, It's one thing to get those few people that have become aware of the issue to come to the meeting, but another, to tell them that they have to sit all night long until the item comes up in the City Manager's Report at the end of the meeting. Most sincerely, Dave Campbell P.S. In case the City Manager is not willing to go along with moving this itein toward the beginning of the meeting, I would like to pass on some serious concerns that exist about the modified proposed Ordinance 6929-02. The request of the Commission at the Work Session to remove the change from two days 12/13/2001 4 ' •, ,• •7. s :.4k e • ... ' ',•. a ..s '• .. . Page 2 of 2 to one day far irrigation used from shallow`we'lls, ponds and lakes resulted, in a somewhat bizarre result. Instead of simply following the current county restrictions that allow watering from wells, ponds and lakes on either a Tuesday & Saturday or a Wednesday & Sunday, the modified version is requiring that all well, pond and.lake irrigation be done on a Tuesday afid a Sunday,' Implementing such modified proposal for watering two days a week-will result in e only one day separating the two allowable days; . all demand to be on'the same day for all users;' . enclave usage spread over a much more desired four days but city usage not spread, out at all. If we're-going to be allowed to water twice a ,week, it stands to reason that those two watering, days should be spread as far apart as possible. The modified proposal does not { . do that.. Why not'just scrap the proposal and 'get out of the water restriction business altogether? Let's partner with the county and let them do the job they've been doing for the past 18 months. As the City Manager said, if it's not broken', let's don't try to fix it, Respectfully, ' Dave Campbell. Clearwater, Florida 12/13/2001 THE U. S. CONSTITUTION PROTECTS LOITERING WITHOUT A PURPOSE IN A PUBLIC PLACE The Fourth Amendment prohibits' arrests of an individual by law enforcement officers unless the officers have probable cause that the individual has committed a,crime. Law enforcement officers may briefly detain an individual against his will on less than probable cause when the officer has a well-founded suspicion that the individual has committed, is committing, or is'aboot to commit an offense- ' . However, wandering or strolling around from one traditional public forum, such as a public sidewalk, street or park, to another traditional public forum without any purpose and without any means of support is conduct entitled to protection by the . U.S. Constitution. Terry v. Ohio, 88 S. Ct; 1868 09683; Papachristou v. City of ' Jacksonville, 92 S. Ct. 839 (1972). THE U. S. CONSTITUTION PROTECTS LOITERING WITHOUT A PURPOSE IN A PUBLIC PLACE The Fourth Amendment prohibits arrests of an individual by law.enforcement officers unless the'officers have proba.ble cause that the individual has committed a crime. Law enforcement officers may briefly detain an,individual against his will on less than probable cause when the officer has a well-founded suspicion that the individual has committed; is committing, or.is about to commit arti offense. However, wandering or strolling around from one traditional public forum, such as a public sidewalk, street or park, to another traditional public forum without any purpose and without any. means of support is conduct entitled to protection by the U.S. Constitution. Terry v. -Ohio, 88 S. Ct. 1868 (1968); Papachrisfou v. City of Jacksonville, 92 S. Ct. 839 (1972). w 1s } SAMPLE„OF ORDINANCES AND STATUTES REGULATING THE CONDUCT OF HOMELESS PERSONS ORDINANCES • Begging by intimidation (Sec. 21.17) + Littering (Sec. 21. 02, Code of Clearwater) • Lodging in vehicles (Sec. 21.10,•Code of Clearwater) • Obstructing public areas so as to endanger the safe movement of pedestrians or vehicles and obstructing the entrance to any building open to the public (Sec: 21.11, Code of Clearwater) • ,Being nude in public (Sec. 21.13, Code of Clearwater, F.S. 877.03) Entering upon the property of a private residence posted with a "No Solicitation" to solicit money (Sec. 21.16, Code of Clearwater) • Being on City property in violation of the closing hours contained on posted signs (Sec. 22.24, Code of Clearwater) • Bathing in park waters other than at such places set aside for such. activities (Sec. 22.33(1)) • Possessing alcoholic beverages on public beaches and parks (Sec, 22.33(5) . and Sec, 22.59, Code of Clearwater) • Drinking or possessing an open container of an alcoholic beverage on public property (Sec. 6.29, Code of Clearwater) • Being on a public beach or in a park while under the influence of alcohol, ch:mical substances, or drugs to the extent that the person's normal faculties are impaired; if so, officers are authorized to expel the person from the public beach or park (Sec. 22.57, Code of Clearwater) • Lighting a cooking fire on any public beach (Sec. 22.33(7)) • Lighting a cooking fire in a park except in an approved grill provided by the ' City (Sec. 22.36, Code of Clearwater) • • Sleeping on any public beach or park property between 11:00 p.m. and 6:00 a.m. that has not been designated for the purpose of overnight camping (Sec. 22,38(3), Code of Clearwater) • Approaching a motor vehicle being operated on a public street to solicit money (Sec. 28.041, Code of Clearwater) • Being "loud and raucous" (Sec, 3-1305j, Land Development Code of Clearwater) STATE STATUTES • Urinating in public (F.S. 877.03) • Being disorderly so as to breach the peace (F.S. 877.03) • Trespassing (F.S. Chapter 810) • . Willfully and maliciously damaging public or private property (F,S. 807.13) • Lewd and lascivious behavior (F.S. 800.04) • Indecent exposure of sexual organs (F.S. 800.03) Drinking mouthwash to become Intoxicated (Marchman Act) MARCHMAN ACT . The Hal S. Marchman Act of..1993 consolidated Chapter 396 (Myers Act) and Chapter 397 (Drug Dependency Act) into a new Chapter 397, Florida•Statutes. Sections 397.875 and 397.877, Florida Statutes, authorize a law enforcement officer to take into protective custody a person who has become substance abuse impaired .(meaning a condition involving the use of any mood-altering substance so as to cause physical or emotional problems or socially dysfunctional behavior) to the extent that the person has lost the power of self-control with the respect to substance use and either (aj has inflicted, has attempted to inflict, or unless admitted to an approved facility is likely to inflict physical harm on himself or herself or on another; or (b) is in need of substance abuse services, but is incapable of appreciating such need because substance.abuse has impaired the person's judgment, If an officer encounters a 'persoh who fits the criteria, the officer can take the person against the person's will to a hospital, to a licensed detox or addictions facility,' or, in the case of an adult, to the county jail: EIG14T AMENDMENTANALYSIS Pottinger v. City of Miami, 810 F. Supp. 1551 (S.D. F16! 1992) Johnson v. Dallas, 860 F. Supp. 344 (N.D. Tex. 1994) 1. Homelessness for many persons Is an involuntary status: (a) Homeless persons rarely choose to become homeless (causes of homelessness include mental illness, physical disabilities; illnesses, and financial crises); (b) Once a person becomes homeless; It becomes difficult for the homeless person to'obtain employment and thus extricate himself or herself from the condition because of the lack of a fixed address, bathing facilities, clothing,' and transportation. 2. As long as the homeless have no other place to be other than in a public place because of the unavailability of shelter space, they may not be punished for engaging In a life-sustaining activity such as sleeping in public without violating the Eight Amendment's prohibition against cruel and unusual punishment. Cle'arwater i Police, Department December 10, 2001 L Homelessness Mot a new issue f Ther'e' are u to 3 20 p 0 homeless pea'sons in Pinellas County on an.y given day I Y -lomeles s nes s ? 9 Emergency shelters for homeless in Pinellas County Soon will be only 8.with pending closure of Quest Inn- in Clearwa ter Currently Sao beats, meaning, deficit of approximately 2,900 beds Clearwater Homeless __- -InterVent o-n-_P__r-oject__- CHIP has 48 bends i. 33 for single men - - .- 9 for single women 6, for families ¦ a Clearwater Homeles s CHIP replacing 15 beds in men's ? dorm with bunkbeds Increas es men's beds to 43, and Center's capacity to 63 - a 31% increase Clearwater Homeless _ J _Inter-venti.o-n-P.ro-j.ee-t-_-. Today, CHIP's annual operating cash budget is approximately A11 s to 41 5t racted CHIP operates 2417 with shelter and daycare programs i Clearwater- Homeless Intervention Project CHIP served over 1,210 total unduplicated clients in fis cal year 10/1/00 - 9/30101. Clearwater Homeless Intervention Project i? CHIP serves 50 - 100, clients daily in Daytime OuItreach-Program 448 Unduplicated clients and 1,826 duplicated clients . a r Daytime OU'treach 1-P rog rare clients may receive. • Showers • Sandwiches • Laundry • Clothing • Counseling • Medical • Phone calls • Referrals to Mail other agencies r----- Clearwater Homeless Intervention Project. The average stay in the CHIP Shelter is 2 weeks 762 Unduplicated clients and l 1,146 duplicated clients last fiscal year s -- j Homelessness Being 6?omeless is nota crime . U.S-: Co-nstitution -_? Legal Issues 6 U.S. Constitution Fourth Arnendment Prohibits arrest unies s probable w cause exists that an individual has committed a criminal offense -Brief detainment permitted on less I than probable cans a -with -well founded suspicion of unlawful activity. U'S 9 L. _ Constitution. ? ?- Protects loitering I without a purpose in a traditional public forum, e.g.. a s id'e wa lk or park 7 ! III ? .. '? I r 't • r , ? I ' : .r. I 1 ? ' , `?? •1 , ! I , I ?r < I t r I I s , . r 1 I ' U.S. Constitution _._ ? F irs t Amendment "B egging" is entitled to protection 1 ! "A' gres s IVe ?begging" is not entitled, to protection { Ordinances & Statutes Regulate Conduct of All Persons Including Homeless Persons Fcity Ordinances Begging by intimidation 2 Littering i Lodging in vehicles Obstructing public areas/ endangering safe movement of pedestrians or vehicles ?C?ty Ord,nance? Nudity in public-_ _._----.- ? Entering property of private res ide'nce posted with "no s olicita Lion" s ign to s olicit one Violation omtposd closing _ ours on city property 9 I City Ordinances Bathing in park waters other than ? such places set 'aside "for such ? -- --a Possessing alcoholic beverages 12uhlic eaches. and in_parks Drinking or pos s es s ing an open container of alcoholic beverage I on public property City.Ordinances. 1 Being on a public beach or in a park while under the influence l 'Lighting a cooking fire on any public beach Lighting a cooking fire in a park except in an approved grill pro vided by the city 10 i j City Ordinances Sleeping on any public beach or park property not designated for overnight camping between 11 p.m. and 6 a'.m. Approaching a motor vehicle being operated on a public Being "loud and raucous" L S tate S tatuites y-...___...._ i - Urinating in public Being disorderly /Breaching t the peace Trespassing 1 I Willful and malicious damage ? to public or private property 0 11 . Tom......-?--.....? ?T? S Late Statutes L e wd & 'Jas civious beha vior Indecent exposure Drinking mouthwash to become intoxicated (Marchman'Act)' Marchman Act, l Consolidated Myers Act, I and ?I L Drug Dependency Act i Marchman Act A police officer-may take into ? protective custody a person 1 who: Has 'become substance abuse impaired to the extent that'. power, of self-con trol regarding ??`s ubs Lance abuse has been los t ?- - March-nn a_nAct (Protective Custody) A has-inflicted, has attempted to inflict, or is likel to inflict ph ys ical harm on -hims elf or hers elf or another unless admitted to a licensed detox or addictions wrrr??i ?u?w^i aawtwwx?.R..l_ w www?7 Or; needs substance abus e services but is incapable of appreciating s uch need becaus a of inipairediudgemeni 13 U.S. Constitution, Eighth Amendment (Pr'Ohfbltlon agafns t cruel and unusual punishment) I t ¦. Homelessness for. many persons is an invo/unfary s tatus jU.S. Constitution ff homeless persons have no place to be other than .a public place because ? shelter space is unavailable, they may not ?be punished for engaging 'in 14 3 1.'. Homelessness Gra dua to d fines are not a 1 J Ail cat1'imited Generally receive time served if jailed Most effective option is CHIP IUD card program r, Other Downtown Issues: i feeding by churches and Creation o14!64s? Wjrf, fed Feeding ?i _Areas"in_selected parks 15 i I 5 Solutions in ---Clea rwate r? Maintain current program -?C.urren t cast is approximately $465 000 Con tin ua tion -of in-kin d, s upport CHAP Projected Revenues: City CDB G $50, 801 -__ County S o cia l A ction - $731000, F Pilot Funds - $29,000 (est.) ----? State Appropriation - $100,000 16 CHIP Projected Revenues: City of Clearwater Appropriation - $100"000 City of Clearwater, Congress Iona! Earmark $100,000 Total Revenue $481,801 [CHIP Funding Grdnt'funds diminishing while --? operating cos is increas e Current and future fundrais ing focus es on private, corporate, and foundation funding 17 -C1HIR Funding .CHIP needs sustained financial support from City and County This is a countywide problem - 1 ,Clearwater should not carry the I CHIP Funding rCongressional Earmark - Policed Homeless Outreach 'Prograin (P HO) 2-year program funded by U.S. Department oft us Lice $197,,800'o ver the 2-year period Congressional Earmark E,unding Over 2 Years Will Cover: ---? Police Overtime_ _-- Mental !Wealth Services-- - ,- -- CHIP - Case Management & Fvaluat a %ansport -initial 48 Days of P H01 . Contact made with. over 600---? homeles s persons f. 78 volunteered for referrals 45. transported to referrals ites r 19 S ma(! S ucces s Rate? .Research indicates success 1 with homeless us ua/ly comes after several attempts to refer Repetition of referrals for homeless is key element Other _ E olutions ? Station S qua re 'Pa rk: Post "Open" hours. Establish as private property -Ins tall decorative fencing & gates 20 'M { Othe'r Es tablis h & fund larger --'Phas 1. emergency shelter 'with. s mall inebriate facility Use as a staging location for movement to other programs Other _ Solutions,? 6 '• Working with Public Defender lob Dellinger and many other organizations to this end Attempting to find 'appropriaie. location notin downtown corridor 1 r 1 • r 1 [ The Next Step, , Trans itiona! Ho 65 ins: Moving, from shelter living to more independent living CH1P's transitional housing dependent on other _..?._..._ r ._.? _ org a n iza do n s _.._? _.. _ . The Future Simply maintaining current level of CHIP programs will not improve the homeless situation in Clearwater 22 4F Y j F The Future 'Greater challenges ahead than thos a that currently exxs t The Future Challenge's Lack of affordable housing.. Economy . Closing of G. Pierce wood 'S to to Memorial Hospital in Arcadia Downtown redevelopment New bridg e ' ? 23 4 rr Ocarwater City Commission Agenda Cover Memorandum Final Agenda Item ># Meeting Date: Dec. 13, 2001 SUB) ECT/RECOMMENDATION: Direct staff 'to: 1) initiate detailed design and construction estimates for the South Gulfview/Beachwalk project (including linking up with the Mandalay retail corridor and the Clearwater Pass pedestrian system); 2) solicit land assembly between Coronado and Hamden in order to provide a temporary surface parking lot which can be utilized for a future parking garage to suppcrt South Beach parking needs; and 3) develop a joint publWprivate financing proposal to provide an approximately 450 space parking garage at the Pelican Walk site, and that the appropriate officials be authorized to execute sarne. SUMMARY: + This past-summer, after evaluating several alternatives to provide a parking solution for the south beach area (in order to move forward on the South GulfviewlBeachwalk project), the City Commission directed staff to conduct additional analysis on four sites: 1) the Marriott Seashell; 2) a location between Hamden and Coronado; 3) Pier 60, and; 4) Pelican Walk. Parson's Transportation evaluated these alternatives in the context of a previous "parking trade area analysis: and provided estimated costs including land, construction and financing estimates. • City Commission discussions regarding parking garage alternatives in the context of the Markopolous settlement agreement debate further refined general attitudes about parking on South Beach. The Pier 60, Marriott Seashell and Marina site alternative strengths and weaknesses all fall short for a variety of reasons identified in the attached report. • The construction of the South GulfviewlBeachwalk project is a critical next step in the redevelopment of South Beach and should be initiated as soon as detailed design and construction estimates are available. • The Mandalay Streetscape project and major private investment in the area (Mandalay Beach Club, Mack project) in addition to the need to provide support for the retail corridor requires the construction of a parking facility in this area. Reviewed by: Originating Dept: Costs Legal NA Info Tech NA Economic Development 1 ' Budget nPublic Works bl _User Dept. 1 Funding Source: _ _„ Purchasing NA DCM/ACM Economic Development CiV1101lmprowfunt Risk Mgmt NA Other NA Attachments Optrating Beach Parking Strategy-Slemon U other Larson - Attached Financial Analysis of Parking Garage Alternatives - Parson's Report available In the City Clerk's Office for review. Appropriation Code: Submitted by: A044? None Prrntld an rocvtrrd naner "01 Total Current Fiscal Year Rev. 2/98 • The attached report, the Parson's work and staff analysis indicate that the "large" parking garage facilities previously pursued are not feasible due to.high land and, construction costs and the inability of the "trade area" to support large facilities at this time. However, a combination of strategic land assembly on South. Beach and a more modest facility size on North Beach appear to provide more feasible alternatives. ! The South Beach alternative would include pursuing a land assembly that would provide between-200-250 surface parking' spaces on a temporary lot between Coronado and Hamden; this should be pursued in a short time frame and, if unsuccessful, the Beachwalk project should continue forward while maximizing available public on-street and surface parking lots in the area until a resort development such as the Marriott Seashell can be initiated. • The North Beach alternative would include an approximately 450 space parking garage on'the Pelican Walk site contingent upon the development of a public and private financing program that can SUpport this. initiative; the development of the financing program should begin immediately and be provided to the City Commission for consideration as soon as possible. • In conjunction with either of these alternatives it should be clear that future "illegal" parking and historic parking on rights of way should be eliminated in areas where either of these facilities would provide adequate alternative parking. 010 il! r Lr ? N-o V t Mfr; - ' :?:,:..'. ' .,'. , ? i ' • ?. ,44 , d. "?ti f y,•rySt'r;y,'.?0.'4.}},r?',:1''a"?.,?r•?`-;M1rS,y'..,' ;s? ? «? ' f s r• 1 • r v; ? 4 a t+/ r e? • ' T'1?. lip' .n r ttt * a }t . Ur' ? rim " 40 2 t •Y BEACH PARI I N C L EA RWATE R BEACH ?' _ '114.#M??7•? 1 ? 1?' ! yy ! 'r?`' i ` ? r _ow . ? t • ???fw,Yl,?4;j?45Y"1?f ?ii.? x?' f ayl•r'r F+1i9r.f'1 ?'!u?i r6 t IR'j w}: STEMON & LARSEN Strategic Land Planning & Management BEACH PA R-.1 1?,N 6 .,,..?. C L E A R WAT E R BEACH j ' it , ,. ? ., , ' .. 1 1 ? .? , ' ;`- T,;'f ?+r•r+J?la1{"i`•i iU,4+' i.S', s.!-•J :',? •+ 5 i +,4 # •? ?1 h ..i° 4l./i3?.? i.' ;Gu'..a' ':i.^r S n .vl lil ': 1 ?+ ac ? 4 {.. •?:. ,ty ., S S•' i4'.^ :?'i', :T . ,'t:,.:....<.Ii..':.:pd?4:t •15.. ..,.'?j..+4.. .:'f E..1' 3 ?'. ,!'. { s t ?1 li = a;.: `.+..,1" «,•at•.:1..?..?. E' -UTI E U1 ?1_,=ARY; ,, ..: For many years, the City of Clearwater has considered increasing the Inventory of beach parking, and in conjunction with the revitalization interests on the Beach, to relocate parking from the Beach to facilitate revitalization. Despite numerous studies, plans, , preliminary designs, and a development agreement with a private developer relative to beach parking, the City still does not have a specific'plan of action which ensures that parking facilities needed 'to support. the major revitalization initiatives will be' ` available In `a timely fashion. This report presents a specific' strategic, time certain approach to the provision of needed parking facilities and is intended to serve as a basis for a formal decision by the City Commission in regard to the City`s implementation of Beach by Design. The report recommends that: ¦ The City Commission formally commit to implementing the ' realignment of South Gulfview and the construction of Beach Walk. ' ¦ The City undertake to acquire an assembly of land between Coronado and Hamden for the replacement of parking ' removed -from the beach as a result of the realignment of South Gulfview and the construction of Beach Walk m .The City should be prepared to accept responsibility for an annual operating deficit (assuming interest only financing during the interim parking period} related to the acquisition of . the assembled land and demolition and,construction of the temporary surface lot during the life of the temporary lot. of less than $104,040 s The City should construct a parking garage with no more than 450 spaces on the Pelican Walk parking lot as soon as possible, assuming that`the parking lot can be acquired on financially acceptable terms ?lr,,t. -r:_•,,.;r,A ,N?=.'":F ;,. ,pr? ..?,?Lf L°I'.-\'I\??/"'\?Ii;'L"??•~'"'?lJ?l:.::J"`?..??';'.::rrc,r?y?'f?'??"??}.i:s ?`??i-?'a??r'??K 7?r?L3"C?i ' '.t. :i:k'.x'.,?. <ia?'e,!+.y:'.?.':.7 ???;-...:?i :??T,,,S,. •°, i ,. a..:.t".?...r...,. .-., x "''{,• +:a (js f. a'.r.w....bfi?'!,?'=?.;.?f'r`L.+tii:?l?ls<r.R3??rsuy{y .t?'a'.ws?Y: iv'.'..,lin,::lili... r.,.. =..,?.::. i?-?...'...,. ..rw X3 A,,B!,R-:1:E.,Fi,-H!1 STORY Of BEACH.PA RXtN6 The road to success is dotted with many tempting parking places. Author Unknown In conjunction with the City Commission's decision to proceed with the 'new causeway bridge, the -Commission committed to the provision of additional beach parking facilities by the time the new bridge was opened. Strategies for Revitalization recommended that beach parking to the west of South Gulfview 'be relocated into parking garages located between Coronado and Hamden. During the Beach by Design preliminary, design process, 'the City's consultant team analyzed the feasibility of 19 beach locations for additional parking facilities in terms of functionality and economic feasibility. In response, the City Commission first selected what was known as "Pier 60 plus"-the existing 'Pier 60 surface parking lot and the Days Inn' property-as a site for a new south beach parking . garage. In addition, the City Commission approved the Pelican Walk garage .-- to be constructed when it was shown that it would be self-sufficient. Likewise the City Commission endorsed a future parking garage at Rockaway when beach parking demand would make a garage at that location self-financing. The Pier 60 plus garage; however, was delayed because of problems encountered in the acquisition of tiie pays Inn property and was rescinded when the developers of the Seashell Resort proposed to provide a 400 car garage open to the public as a part of their project, f ;., C:LEARWAT:E:R'.,B,EACK } ? 1 Beach by Design Beach by ' Design contemplates two Mandalay retail district in Beach by Design is the important redevelopment initiatives: the construction of a parking garage on the parking realignment of South Gulfview and construction lot of Pelican Walk to enhance the functionality of Beach Walk, and the renovation and of the North Mandalay retail community. revitalization of North Mandalay. The development of new parking facilities is central to both initiatives. The South Gulfview/Beach Walk initiative involves the removal of approximately 327 spaces from the beach "j - immediately to the west of the existing right of way ofSouth Gulfview, Those spaces must be replaced in conjunction with implementing the initiative. The widening of North Mandalay likewise involves the removal of parallel parking spaces along the east side of the road and the ..,•` :? principal revitalization strategy for the North `:.Rn North Mandalay Renovation and Revitalization a. ?M Gulf Front Redevelopment and Realignment of South Gulfview (vehicular and pedestrian promenade) -PAR.K(N6 5TRATE6Y 2 . ? i3F: ?s,y,. ??f? !4 ? ? {'I'. 5l'•.I ? f r .. `.1? ...., SA '. -,f•., ... ... .ti_.. ??'?? .. i. ?... .. .. ..- , South GulfviewlBeach Walk: Replacement Parking Beach by Design Is "relatively indifferent" in regard to the specific location of a new parking garage to the south of the Roundabout, "as long' as .the parking spaces are located within a reasonable walk from the dry sand beach." Initially, it was anticipated that the South GulfviewlBeach Walk initiative, including a 400 car garage open to the public would be provided as a condition of development of the approved Marriott Seashell Resort project.The developer in fact assumed that obligation in a Development Agreement which was approved by the City Commission on March.1, 2001. f Intervening events - first litigation by an objecting property owner, then a recession, and now "9111" - have substantially diminished the likelihood of implementation of the South GulfviewlBeach Walk as a part of the Seashell Resort project in the foreseeable future.- In May of 2001, after litigation. was filed challenging the Seashell Resort development agreement, the City Administration provided the City Commission with an analysis of the parking options which were available for replacement parking spaces and additional beach parking. The Commission was not satisfied with the level of detail available to support the various alternatives and the Administration was directed to prepare additional analyses, including updated analyses of the financial feasibility of the garage options. Parsons completed a series of analyses in October of 2001 which generally confirmed the reliability of • the base data that the Administration has been using for its analyses and confirmed the level of risk involved in large scale parking garage initiatives to the south of the Roundabout and at Pelican Walk. ' When the Markopoulos settlement proposal was rejected by the City Commission on October 4, 2001, the uncertainty of developer implementation of the South Gulfview/Beach Walk initiative lead the City Commission to direct the Administration to analyze the steps which would be necessary for the City to assume responsibility for implementation of the Gulfview/Beach Walk initiative which in turn requires the City to address the need for replacement parking! ' The City Administration previously provided -the Commission with several south beach parking options including a parking structure on the Seashell Resort site, Pier,GO and the Marina. Each of these options were deemed problematic by the Commission for a variety of reasons. 1,EA RWAT,E R-,RE 3 ' l` r?L^Y..Wr ':K'd;q?!?7.•r?/•say. ,?••,i •:i.»(? ,!y `: :"!h' +'r" •Vi ('.}^1: M.t,.:'I ?''''?.' °.f'?ry ?,(: .: _?r..!iif`.•t: ?3. ry?aZR tt Rfr tirl e,wf<:'S':Y'? «I G??'P,.y l,. ; 4. ntnl e? L t h. r.?• ?.?: 1 ?t•4..1? ,?'• F 4 i•'R?. ti 1 l te . ?'.'J., : to ' i :la':!. • i .4' ? :'? ' '' ! ! . j? ':' ? • A : ? SF ' it ?' ? ?' '1. : ? ? ' ' ? ,. .. ?> • .1..... . _ . . ... . -.. 4 k. R . . 4 .r w.x . ,.... ..r... r a . . ». > ; .. . ` • ...._. t.. r .. > M..- 5-... x ~•.. .. : ..< . 1.: k.[il. t LJ CITY OF. CLEARWATER OFF-STREET PARKING INITIATIVE PARKING OPTIONS "rk,Kirnple NPrlme project .' llmhing npua:a tue lccal®d Uncettainty due to pending i'?lrprnYC '1}tVelopllleltil llnmedl;&ly adjAcelll to the legal eballeages .- delay %%U -Agreement. ':Project, jxuvides 11CU411 Atitd the WIV SLMuh )atCltldt the a'tail3111ity of ' '.,d00Ipulsng spacee stiduil t]te Cilllft?ewd,1d.B-: it%Valk additiolutl spaccl fit advru= f garage wllichis 'aa art O the . part of " tl>w' U, of the al,erutg of aw nett' . cd Seiul ftadesttinnnvelpns.'saMoxitile hidge. 'patlottg .: addiliorL'60: strrfaee leafigned utllGldflletiv . ' ces are includes! :in' the om t Net gain intlumberofSpices . ' • 'eptual plan far, the conc • The tutxed ltue Ord te InoltItl' is aonlttt'llira Between ' 1 d2 reaG?rSntesttofSouiltGulMew. j nt1e,.S the upNumuut} In and 163, (attly 3;.551, of tl>e , :; .,'IS;', • , AJIXC it cost tlletcl;y terhuing 400addiliot> sP;SVM). . . ..e.,?:: -r a^erafleastpcrt?,aee ' 5,":.Coro, n adnlH3mden ' . ` Large g,unxe (NO lu 1.200 Site loc:llion -- opposite Aida Pro}lor;ed gar>ige of ?A runny as spnce+l-• rctalivcly lety tlelgllt of Coronado ' ";1;103 ?Iriang spacts. ? Ntanltx , . dixmwed'inch,furlg ',rv"of aptics (slags fncilitnt,,'A «•uletdly; of Site' requi1cs iln elevated ' , .'.}ipecidaFrapertieA.exteilsica?af`, tatxouldotan.tlatletkilily ernes-rner to ovoid hAtlic ?j,tlleaite;IItidclaeirrgufasessnettl , conflicts of the Hamden Street wallow" Cratti'enie,it patkiligrof 1110letK "scFappad",:svatetfrotst;. afut>gCcumudo SitercgtireslantlassMllllly•- ' ' , '' - "(' It>flaeNlal tatits -? A caWyst to '. Ob1e1r1aliC , cimig;or iianwlen•-poauve illlilntt on "le integiily arOw Expensive •-- unloss tile,' •t<.:'' `';`;':: ',' ",+ saatsideafSoulhEleach Hnifld-rt-cloAlnewerellsedlo. 1t',:a ii:•::,; 7i <Y , .: '. Ieducecosts' ^,;,' 1 rf 4•! •??' -4 Csare iKnotlreccssaril ties! lntulyimtkidardevelcgiment Clty;wdrla `.. ally-owlodlaiul Aesthetic 'atlptieaticns of proposedI itridilg' stnichlre' at •. • Mnritaaloratiorl ; , the City ttlnriim (Slratrgi?s for . Location •- demand for "Revrarltndar)'; puiL,ialg nt lire khuirla is nigh. lituited capacity (spitrox. „ pnrllcnlalty ilurillg lia1V d00ltpacea)dllelothsreliltivc srdsun narrowncssofthesite Site locatiat earl side of Curonado (pede:dJvehividw . - ' •' 11itMe colacts) . f' • - Ptat'60 .'' _ . '... t . ter c=ity-ownedtalulRadclaicilly Aesthetic implicatrnns? +ptvpo5idp>>(king stnlchm,ofni . ' used fovl):ut.11V dinitwimis we extremely sltal as 807 nucca ' iu>)ioailtg ' • 1.Oi It1[Mf •+ ttlei (IM-111T,td far ' ., •._ ' 14911:111fr1AE4lNl] Sila loGabul -• lliltwl Sllort ' distance to the 8cacil PMfclledailc fitnun rillulcini Rounabaut (pcdastriatt Cwtllreapactivc lvellicnlarln+fficcorlflicts) Pelican Walk LoOL-ilnodt6ilnl><elncntirnt I.l14WcnplCitytuidcost dw mod: parlarlg rtricttrre of ;' ' to OR relative uaarrowncss of ' ?',:'apt>ev.?altu,tely6Stls)ra+:esul>i 5' C:ntlllys: for uvitlllintiull u1 tlresite , ., 1 .. ,deckSU;4e •.; , the Nallh Mlipidalay telail 1 • ';: r•...: •;}' . F ,' IRlgllllUlllotkl 1.a1111lalelallYel}'Cr?eilSlVe l w:rewscs parking wailnbilily Site localinn - tinkled beach . itltll:nlen pauldtllyaccess ' $PdASR,Kl,1JtG?,S.Y;RAT'.E=.GYS= ::?:-' }r:S?Y??YE=r3F k 0 l 1 , .. .. , ' .r , i r Sr .1 • .. i, .. .. ..Q .rY .. a .. . .1 Pelican Walk The proposed garage at Pelican Walk has self-financing and would require a financial been contemplated for many years, however, the subsidy for at least a number of years. economics of the proposed garage, as included in Beach by Design, did not satisfy the City's self- imposed criteria. that- the garage be self- supporting. There were several reasons why the Pelican Walk. garage was problematic. Most importantly, the size of the garage was defined by the maximum number of spaces which could be constructed on the existing parking lot, plus the air rights over the Eckerd's parking lot and the 'A a.1 City's existing surface parking lot immediately to the north of . Heileman's. The justification for maximizing the number of parking spaces was based on the idea of using the garage for beach parking during periods of peak demand. The problem with the idea, however, was that the limited amount of revenue generated by those limited number of peak days when parking at Pelican Walk would be used for beach parking was insufficient to support debt service on the parking spaces above and beyond the requirements of the North Mandalay retail district. Studies conducted by the City's redevelopment consultant and Parsons concluded that the Pelican Walk parking garage contemplated in "Beach by Design" would not be ELEVATION STUDY -C:L EA,RWAT;EsR.: 'B:E?,A .. r > ? ? ..., ... ., .. ....... I. ;?i?...... =??n?,;f:.: tail ,? 5 PROPOSED LOCATION Y•. :r'.ti . `, t... ..?, :?i?':: v•f'r":. >:: .r.,;, -..:(r •:1?_,•..?¢. ''1'°. iw' ;;fl^r^SS.rr.g-.z';hr??l:'s. iT'. ,1 •, t?1:' '! :?.. :?3, ;f:? ,'i „{'r ''r:^'f~ ,I;r•1,?. 'L, (`111':... fj.^:?..; j . ,.,., . a .. `<.?.nA Sp:: e':z.SYa: .. d'.....a ., . .. . . , v v,,.. ... ,, ... . ........... , ,.. .. e.l,,,r',o .., ... ..a:.Si.:i.,a?,?::f.:, .F`,•t`?i.?.., ..1,, •...w .:? ::i. n a Financial Feasibility of Parking Garage Options Statistics are like bikinis. What they reveal Is suggestive, but what they conceal Is vital. Aaron Levensteln The. City has invested substantial time and were added to the inventory in the south beach money • analyzing the economic feasibility of area, ' parking demand would equal or exceed constructing parking garages on the beach. The capacity on only 65 days. The same analysis results of those analyses, products to a great indicates that none of the additional 400 spaces extent of the nature of the questions which were would be used on 190 days of the year. asked, were and are predictable. That is so because the reality is that the beach parking What the analyses, and all of the studies demand is highly seasonal and extremely which have been conducted for the City, show is : variable.A plot of actual parking revenues shows that new. parking garages ' are unlikely to that the lowest weekly demand 'for parking is generate enough revenue, at least during early 15.4% of the highest weekly demand. Moreover, years of operation to cover actual debt, unless the, average hourly use'of the existing parking and _until __additional- parking- demand spaces is an ly 53 % based o n a 7 hou r day. materializes as a result of -the City's . tedevelopment and.revitalization initiatives. In the south beach area, parking demand . exceeds capacity on fewer than 200; days per Moreover, the unfortunate reality is that the year, and then only for relatively short periods of provision of replacement and/or additional beach time on any given day. If capacity of 400 spaces parking involves the provision of structured PEAK HOURLY DEMAND BY WEEK laoo 1200 r .fir. l a 1000 r ?- -- - M-? I ¦ r 0 Boo • ? ? r r ?l . y? 600 -*? tlr b r. =!`.?- - ---- • [r lr . r 400 r _ -- r_r -YT. - LF 200 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP SOURCE: CITY PARKING REVENUE DATA AND PARSONS ENGINEERING ANALYSIS L.. ?.J :PA.RN.G,:5T. f \1! l f Y.:. 6 ¦ r,`?i'`:IZ{',?t'."_Afl• _"vrr`. {.' ii... 'i: , qr' 'i'i. ;p `'?'?#d'11:•i ? .s...... :,;.'-" ..-••?t• ^+?'!`.rhtu•-++'+':5.'?? ! .i.;, +. .'??. Y7 'rr,}i'l.S:oi:?•3'y'. '. r4/,' .*'r Y.,?.i: ?'". a?.... fit! fil+-'. :r-s'. wff;M ?1 '''?i ....u . parking spaces which cost more than 10'times a All this does not mean that the City should not surface parking space to construct and maintain. pursue replacement and' additional beach AS a result, the economic feasibility of parking, but to make it clear that the City's replacement and/or.additional beach parking Is previously self-imposed requirement that not likely to be' sustained by a parking rate parking garages be self-financing severely limits structure established by City Commission flat the ability of the City to provide parking which is based on revenue needs and constituent responsive to peak season, peak day, peak hour tolerance levels, unless additional parking . demand for beach parking. And it means that the demand materializes, particularly during non- traditional analyses of economic feasibility are peak periods. If, for example, the periods of very likely to show insufficient net revenues to sustain low use were increased, the bottom line in annual debt service and coverage requirements unless revenues per, average space would be additional demand, particularly during non peak significantly improved, an outcome which is a key season, peak day, peals hour periods. part of the destination resort strategy = to better balance season and rion-season tourism. Where Do We Go From Here A city'without a plan is like a ship without a rudder. Benjamin C. Marsh2 If the City Commission wishes to control its own destiny In regard to the implementation of Beach by Design and realize its promise of a beach revitalized, the City must. 1. .fund and construct the realignment of South Gulfview and Beach Walk, including suitable replacement parking; and 2. proceed with a parking garage at Pelican Walk'that is sized to meet the needs of the North Mandalay retail district, and 'if necessary, provide additional collateral to secure debt which is incurred. 1 • 3 An Inlroduction. to City Planning. Democracy's Challenge to the American City (1909). .,?•,,j-`A, `- .'is,:r •.l?t?1'EAiR1_ NAT: B?E,??C???rE ... . ?>.?.. .u..., av ?.iJ. , '. ?..v'...• .. ?... ... .... #?.Ma. F.'.: i2?:i.:i ?...?? t..'4.! 7 J PARKING STRATEGY 8 R • ?- ? /,v\,P-11EjvE7 i..' TATI, ••°`S IT R. A- -! E,,,,, ? 1 :` ? 1 : 0! A Strategy for Implementation of the South Gulfview and Beach,Walk Initiative South Gulfview and Beach Walk The implementation of South Gulfview and benefitted properties to contribute a pro rata Beach Walk is a relative straightforward share of the cost of the improvements which undertaking. All the City needs to do, other than would be repaid to Seashell. provide for replacement parking, is identify a source of funds currently estimated at $5+. Assuming that the, Seashell Resort is not million, complete design development, prepare going to proceed in the reasonably near future, construction plans, establish a maintenance of the City will have to find a way to finance the function plan, select'a contractor and commence required improvements. There are several construction. sources of funds which have been discussed and may beavailable., However, the financing of the South Gulfvlew/Beach Walk improvements is The fact that the City opts to finance the somewhat problematic. The Development' South Gulfview/Beach Walk improvements does Agreement with the Marriott Seashell Resort not mean that the City could not still impose a fair provided that the developer would design and share obligation on the benefitted properties. construct the improvements and that the cost of There are a number of ways in which a special the'impravements in excess of the developer's assessment or development exaction could be pro rata share of the costs would be recaptured imposed on benefftted properties so that only by a rebate of a portion 'of the additional those properties which are redeveloped and take property and utility taxes that the project would advantage of the vacation of the east half of the generate. The . Seashell agreement also existing right of way of South Gulfview would be contemplated that the City would require other obligated to contribute a pro rata share. '? /'urn r.¦+•?' f i, ?• . N?• '? i? .? •fYf 1Mr aii" MR-am 7rc R(]E?A.? Cy?S.,= .:1:. .., . :i.... _ _:.. .< .. .,.. ... r .?i'1:;:;.:..... ,?... .,>, 1'...a..-,.L.k'........-11,fT 1.: U. 9 `? ?y yTf? ?L??f I . JX ?rlJ'??54ly'f. ??rk?Ir?l4: a• 'L?i. .? ji" "Lr???~ w' t.•. is :•:Y??tiL PARKI NC, STRATEGY to L REPLACEMfNTOf BEACH PARKING In order for the City to implement the realignment of South Gulfview and construct the Beach Walk, it is necessary that the City make provision for as many replacement parking spaces as possible for the spaces which would be removed as a part of the South GulMew/Beach Walk project. The location of the replacement spaces in the south beach area -is, as it has been recognized for years, problematic. In the original Strategies for Revitalization for Clearwater Beach, a series of off-street parking garages between Coronado and Hamden were contemplated. The "Beach by Design" planning process concluded that land acquisition would be controversial and costly and that the City's policy at that time to construct additional parking facilities sooner rather than later argued in favor of parcels which were either owned by the City or involved a limited number of owners. The issues of land assembly and cost . were, in fact, the reasons why the Pier 60 plus option was the highest ranked site for additional beach parking. . There are several options which are available to provide replacement and additional beach parking. CLEARWATE.R;.B E?AC;H 11 PARKING OPTIONS Coronado/South Gulfview An obvious location for replacement parking Gulfvlew is the City's best land and best are lands between Coronado and South Gulfview, opportunity to revitalize Clearwater Beach as a where the Seashell Resort and the Markoupalas u n i q' u e , and ' d e s i r a b l e b e a c h f r.o n t project contemplated, large parking structures "neighborhood," a community. resource and a open to the public.The aesthetic and economic quality tourism destination. implications of large parking garages between Coronado and South Gulfview have, however, Although the Seashell Resort development always been of great concern. That concern agreement was approved with as many as 625 persisted during the brief primacy of the Pier 60 spaces, the approval did not resolve -the general plus garage and during consideration of the discomfort with the mass that resulted from the Seashell Resort which was promoted as a inclusion of "public" parking spaces in the superior alternative to the Pier 60 plus site. Coronado/South Gulfviaw block. The issue of mass was also a conspicuous concern when a In addition to. general concerns about the 'proposed settlement agreement between the attractiveness of parking garages, the public objecting owner of the Days Inn property and the discussion 'tended to draw . back from the City was rejected bythe City Commission. rationale that it was sensible to locate a free- standing garage immediately adjacent to the Finally, the cost of land between Coronado Beach Walk, even if the garage was "wrapped" at and Hamden, relative to other land on the Beach, the ground level with retail uses.This hesitation ' makes parking structures an expensive was based, at least to some extent, on a belief proposition. that the land between Coronado and South ff -?I;1; y• 'It .1'. r r >t.,;r• w (f??;»'IV •• rf ??1??Y ??i??:i•aR y1?,t.V • r Y• MARKOUPOLOS PROPERTY PARKri N.G .STRATEGY., 12 Pier 60• City Marina The existing surface parking lot at Pier .601s Another long-term candidate site for municipally owned and, theoretically, could be additional parking is the City marina. The logic easily converted into a very large-public parking behind this site is the apparent need . for' garage. However, the scenic and functional costs additional parking to serve the marina and its of a garage at Pier 60 have always been resisted. strategic location; which may also be the Indeed, the source of. the Pier 60+ option-was a principal disadvantage of the marina site. desire to avoid the functional and scenic implications of a garage by allowing the garage . There are a number of reasons why the to be "stepped back" to the south. marina is not a priority site for the provision of replacement or additional beach parking. First,. When Pier 60 was last presented to the City and foremost, the marina fronts on the entryway Commission as, a potential site for a parking to the Beach and the Beach Roundabout. The garage, the City Commission was not enthusiastic concept 'of the Roundabout complex is an and there is no reason to believe that the various attractive and efficient place of arrival and negative aspects of a parking structure on the distribution for traffic coming to and leaving site will be overcome in the'near future. Indeed, Clearwater Beach. A parking garage at the City it is more likely that recent discussions about Marina would likely interfere with the design improving the scenic and recreational value of objectives for the Roundabout complex as local the Pier 60 parking lot in conjunction with'the movements, as drivers queue up to enter the proposed Markopoulos settlement 'agreement garage, conflict with through movements. have attuned public expectations to less parking and more scenic and recreational value. Second, the construction of a parking garage which is not part of a long term revitalization and re-use plan for the marina would likely foreclose many revitalization options which are currently available to the City. Third, a parking garage on the marina property would be a substantial distance from the dry sand and would substantially increase the number of pedestrians crossing Coronado in the vicinity of the Roundabout. Finally, the dimensions of the marina property, in the absence of large scale redevelopment, are not ideal for a parking garage and would not be easy to address the aesthetics of the garage. ® Pier 60 city Marina CAL EIA.R?I VA ,,EzRppB EAC N ; 13 Coronado/Hamden Beach by Design, as did Strategies for Revitalization, identifies the properties located between Coronado and Hamden as potential locations for replacement and additional beach parking. As with other potential sites, there are advantages and disadvantages with the Coronado/Hamden properties. The advantages, however, seem to clearly outweigh the disadvantages. . . The, Coronado/Hamden land is a patchwork of small motels and individual properties making land assembly a 'difficult and costly process. The City could, if it wished, deploy its power of eminent domain to assemble land, however, the City Commission has historically been hesitant to do .so. Moreover, land assembly by eminent domain is not "a walk in the park" and generally ends up costing multiples of fair market value once the jury weighs in and attorneys fees on both sides, which under Florida law are paid by the condemning authority, are considered . Private assembl ies of land are an alternative; however, recent history on the Beach suggests that unrealistic property owner expectations make private assemblies difficult if not possible. In one recent example, the actual assembly was not the problem, rather the total cost of satisfying the appetites of multiple property owners was economically infeasible - at any realistic density. That is not to say that assemblies are not possible, but rather to say that they are difficult and involve the parable 'of the "goose that lays the golden eggs" - a single property owner can destroy an assembly which would otherwise improve the lot of all owners. On the other hand, the land between Coronado/Hamden is less valuable than Gulf front land and Is at least theoretically more easily assembled. -PAR K IN6 STRATEGY 14 Another advantage of the Coronado/Hamden land is that it would be less problematic to develop an efficient and attractive garage considering the dimensions of the blocks and the character of the neighborhood. Indeed, the blocks to the north of Brightwater could accommodate athree-bay garage which would be very efficient and a very large number of spaces could be provided, at once or in phases, without requiring a large number of decks. In addition, the assembly of a number of small motels offers a number of potential benefits to the City. Most, if not all of the small motels along the east side of Coronado currently use the public right of way for parking, a problem which is recognized in "Beach by Design" where: the City recognized that it should "improve Coronado by recapturing a portion of the public right-of-way which is currently used for parkways, sidewalk and off-street parking:' If land between Coronado and Hamden were assembled for a garage, the right-of-way problem would be addressed in two ways. First, the right-of-way would be reclaimed for those properties acquired as a part of an assembly. Second, the construction of parking facilities between Coronado and Hamden would provide properties which are not acquired with a reasonable parking alternative so that the impact of removing off-street parking from the east side of the Coronado right-of-way would be substantially mitigated. Still another advantage is the reality that the City. in acquiring land- assembly would be acquiring an inventory of transferable residentiallhotel development rights which could be used by the City to provide redevelopment incentives to non-destination resort redevelopment projects and to provide incentives after the bonus pool has expired. , Perhaps most importantly, the provision of parking between Coronado and Hamden -across the street from land between Coronado and South Gulfvlew which has been identified as the only real opportunity for the development of quality destination resorts - would allow employee, valet, event and overflow parking to be accommodated in the parking garages as opposed to inclusion in the mass of the resort structures. Although it is not easy to predict the actual parking demand of yet unplanned resorts, it can be reasonably anticipated that the number of spaces in a resort structure could tie substantially reduced - perhaps by 30% to 50% - if employee, valet, event and overflow parking were located in garages across the street between Coronado and Hamden. On the other hand, the location of beach parking on the east side of Coronado sets up a peak hour conflict between through traffic and pedestrians crossing the road on their way to the Beach.To some extent, the conflict is mitigated by differing peaks -AM commuter traffic (when turning movement conflicts would be the greatest) is generally over by the time of peak parking demand for beach goers. This conflict could also be substantially mitigated if any BEACH PARKING DISTANCES CLEA R1NATE-:R-,BEACH, 15 ..r ? '. S_ .k.. ? ? ? ,rr•• erlr,ti .? . k' i : ., ?, .,?:... ?•4':? l',' S` ? ?:!`i?-.r •' f, ?.y +l?,.? garage between Coronado and Hamden were connected to the west side of Coronado by. a pedestrian over pass. Assuming that the widening of Coronado, which would be facilitated by recapture and possible expansion of right of way, is sufficient to accommodate reasonable queuing, it is likely that the existing traffic condition would be substantially improved. Not all locations within Coronado and Hamden area are equal in terms of suitability, even'though the east-west distance between the Coronado/Hamden sites 'and the dry sand is roughly equal because beach goers' desire lines have a significant northern bias towards the Pier 60 complex. In addition, the likely sites of future destination resorts are located, in the northern 1/3rd of Gulf-front properties. As a result, the northern most block, between First and Third is the optimum block between Coronado and Hamden, based exclusively on parking patron "desire lines." The block between Third and Brightwater is less advantageous, but still reasonable if sufficient land can be assembled at a. reasonable price. Further south, between Coronado and Hamden, is also a possibility, though the likelihood that beach patrons attracted to the Pier 60 complex will park in a garage that far south is doubtful given the distance. Pa R31,N,G s 'r. - ? :'STRATEGY ?. . T r w ?l.'', ;L'?: r?;'•4?!1=d'??'. '. t'(!'Y?1L'{i:{-'?"i?Y?tt '?,S`2i?lir??Y`h'"r?fiik llX.?r ?. ....... .n.•. 9.?w.f. ... ... c5 ._...°L at..:+14eai.h...l.sk..L..4`+L:Y C ?:..}. 16 ACQUISITION PRIORITY +4,. _. .. ,?. ?, ,1r.., a: ?, q. ren•T. s..-t r.,.r. ».,, rr?..a, Hf•, .y.wt.n?.r -sr ... .p... •.,` ..I `, ? , ?{i :,5.!'?! ai.(•: ' 3 1.?, el' ..',' :.SL}. t ? '?e •a, ..^. ayi ?r.t •.`..: ?{•!.F1 •?s Recommendation It is recommended that the City Commission make a formal commitment to construction of replacement parking on an assembly of land between Coronado and Hamden if, and only if, a reasonably-priced land assembly is presented to the City which is of sufficient size to accommodate a floor plate of at least 75,000 square feet with a minimum dimension of not less than 210 feet. Based on current asking prices on the Beach, from appraisals assembled 'as a result of the City's redevelopment'activities on the Beach, the cost of 75,000 square feet should be approximately $60 per square foot of improved land. Given the natural proclivity of'individual property owners to assume that their property is worth more than- anyone' else's and the transactional/friction/legal - costs of public assembly and the ability of a parking structure to support these costs, it is recommended that the City take a position that it is prepared to, pay a modest premium over fair market value, but that does not mean the City is prepared to grant property windfalls. While this price represents an enormous premium over assessed value and a significant premium over appraised value, it is not difficult to rationalize a premium of 30%, assuming appropriate assembly and no other cost except demolition to the City. Assuming that the existing parking capacity and demand ratios are maintained over time - fhat is, increased demand is linked to additional capacity in some reasonable way, net operating revenues of a parking garage would provide sufficient cash"flaw to, repay debt service but would not be sufficient to provide a coverage ratio of 140%. Moreover, if the City aligns capacity to demand on the basis of at least 5 hours of parking on at least 250 days a year, a garage should be "self-financing"at the premium recommended, but would require some additional revenue source to secure favorable rates and acceptable coverage ratios. It is recommended that the City establish a relatively short time frame for acquisition of a land assembly for two reasons. First, the realignment of South Gulfview and construction of the Beach Walk are time sensitive and the City can not afford to wait to implement a replacement parking strategy. Second, and perhaps more importantly, land assembly is difficult at best and time is not an ally. If the owners of candidate properties wish to sell, the City needs to say directly.that this is what we can pay and unless an appropriate assembly of owners are willing to sell at a reasonable premium, the assembly is not going to, be successful. And, time will not make the decision different, or easier. In the event that a reasonably priced land assembly is presented to the City, it is recommended that the City approach the provision of replacement and additional Beach parking in phases. Initially, it is recommended that the City demolish the existing improvements on the assembled land and construct a temporary surface parking lot to provide replacement parking.The economics of the temporary parking lot are not self-financing, however, the City's exposure is relatively modest, particularly if the property could be acquired on some sort of fund transfer basis and carried as an asset until a garage is constructed. Assuming demolition and construction of the temporary surface lot at approximately $5.50 per . square foot and acquisition at the maximum premium recommended for the annual cash flow deficit (assuming an Interest only cost of funds) would ,:_+? ,EAR WATE#R ?B E?A;Cca? ,.., ,... .. .. .. .. .. . .... .51 ..... ..... ...1,..:'e•:sT«?.:.1•:r.t:.?.+:n:;;.i?..°.Sr.::x:.:..,o?.'.v`..s'??:??;'rl .?,'i..s dh.. r.. 1. 17 be less than $100,000 depending on the size of the assembled parcel of land. When additional demand for beach parking results from the implementation of the South GuifviewlBeach Walk improvements andlor the development of destination resort facilities, the City should construct a parking garage sufficient to meet projected demand on a self-financing basis. This approach will minimize the City's risk and the scope of the City's initial financial obligation. In the event that a reasonably priced land assembly is not presented to the City within the 120 day period, the City's commitment to the construction. of replacement parking between Coronado and Hamden should expire and be of no further force and effect. In this event, the City should undertake to provide a minimum of at least 250 replacement parking spaces in the form of parallel parking along available right of way, on property available for lease for at least five years and through the reconfiguration of existing surface parking facilities. In particular, the City should immediately give notice to all private property owners with parking or other improvements within the right of way along Coronado to remove those improvements. The right of way should be improved with parallel, pay parking for beach patrons as a part of the Beach relocation strategy. The success of this recommended strategy in providing a stable and predictable environment for private investment is the City Commission'- willingness to establish a definitive action plan and to adhere strictly to its terms. ,. ....... ? ,?1',? .. .!1.. .. ... ..•?•.?:?. .. .Irk:. _ .°. The race is not always to the swift... but to those who keep on running. Author Unknown That is so because the future of Clearwater Beach has been held hostage by indecision for too long and if the City wishes to genuinely commence implementation, it must commit to a course and stick to it. -PA RX 116 ST RAT E G:Y 7. 'r 113 PELICAN WALK GARAGE SITE 3 y"E TT'Fs¢lr•i RA& ?E A Strategy for Implementation of the. Pelican Walk Garage The reality Is that the provision of parking is an effective redevelopment incentive. It is well-known, for example, that several major restaurant brands' would like to locate on Clearwater Beach. At this time, however, there is. Insufficient parking far the parking demands of those establish.ments.Assuming that the North Mandalay retail district would be enhanced by the establishment of these restaurants on the Beach, at Pelican Walk, for example, then the provision of additional, convenient parking would facilitate revitalization investment which is otherwise deterred by the limited marketability of existing space because of parking deficiencies.. If a reasonable price could be•negotiated with the owner of Pelican Walk and the number of spaces constructed in a Pelican Walk garage were limited to* a total of,450 spaces, then the basic economics of the garage are reasonably feasible. In their report, Parsons concluded that peak parking demand would be 227 spaces during the week and 350 spaces during the weekend. While it is easy to quibble with these projections if the North Mandalay retail district, including Pelican Walk itself, is revitalized, the. important point is that the net revenues forecast by Parsons would support debt service - but not coverage - assuming that land acquisition does not exceed approximately $1 million. While there is undoubtedly risk the in the performance of the garage, the risk can be . substantially mitigated if property owners and businesses in the area would participate by guaranteeing certain minimum revenues during the early years of operation, as one property owner/developer has already pledged. As for the provision of additional beach parking for the northern part of the Beach, the original City Commission parking decision contemplated that a parking garage at Rockaway was a future phase garage and that a garage should be developed as soon as sufficient demand exists to support debt service and debt coverage. Recommendation It is recommended that the City Commission make a formal determination to implement the Pelican Walk, garage, as soon as an acceptable land acquisition agreement can be negotiated. It is recommended that the'City implement a parking demand monitoring system for north beach and as soon as sufficient demand for 5 hours of parking per day for 250 days per year for an additional 300 parking spaces is evident, the City should implement the Rockaway garage on a revenue bond basis. A,TE?l?R B7-1-?A?•C , t5F '6, i- A,RIN E .,. ,'?+ ,R'.. •?' . ? _. . r ?.. . tia ??4',...e..::71+i:_'a:Sti.. T, ,, 19 r ?+a RESORT MOTEL . .... * coPIES TO, Comm; 10N DEC 3 2001 Clearwater Beach Florida DEcEmBER 13, 2001 Dear PRESS Mayor Brian Aungst CLERK ? gnORNSY ; Commissioner Ed hart Commissioner Hogt Hamilton Commissioner Whitney Gray, Commissioner Bill Jonson Re: Parking issue Coronado 1 Hamden My name is Gunnar Hedqwist and I. own the Sunrise Resort Motel on 229 Coronado Dr. Clearwater Beach. My property wraps around Coronado Dr., Third Street and Hamden Dr, I am new to the beach'community but I have closely'folIowed your negative progress regarding the beach development for the past year and a half. One thing has struck me and that is how few facts you seem to gather for certain topics. For example, you always seem to be confused about how many public parking spaces and how many motel rooms certain projects provides. There have always been many questions about this during the meetings. You did turn down two very important projects due to your opinion about "too massive buildings". Yes, the Seashell project became victim because you raid turn down the Markopoulos project. Never did I see anyone of you standing up and telling the others what a positive impact'these projects would have on the beach. Never did I hear anything about the positive economic consequences this would have for all of us (as a former Marketing and Sales Manager for a large US corporation, I do have certain understanding for economic impacts). In addition, both these projects would have provided you with free parking spaces that the beach so badly needs. Now, the panic seems to strike and you, need to go, across the street to buy other privet property to provide the needed parking. Now, you need to use the city money to do the parking project. 229 CORONADO DR. CLEARWATER BEACH, FL - 33767 P14ONE: 727 446 9911, SOD 269 9643 • FAX 727 446 1891' - 2 December 13, 2001 In preparation far tonight's meeting, maybe I can help you with the following information. I do.NOT speak for anyone else but will only give you my opinion. However, I do know my competition fairly well on "my" block. The Block, Coronado Dr. - Third Street - Hamden Dr, and First Street consist of the following businesses: Six (6) motels One (1) Convenient Store All together, there are approximately 100'- 110 motel rooms on the block Two of the.six motels have other businesses on their property as well. One of them has a small restaurant that lie subleases to another person. The other motel owner runs a travel ' agency and a gift shop on his property as well. By knowing my competition, I know that • Three'(3) motel owners are desperately willing to sell • One (1) motel owner is willing to sell • One (1) motel owner may sell The sixth motel owner is myself I came to beach to buy and invest in a business. My wife and I plan to run this for the next 5 - 10 years. We are the only one that has invested any amount of money into our property in the past year. We like what we are doing and, in addition, we have a very nice apartment that we live in on the property. Our business is our home as well. Despite the "September 11 Excuse" our business is good. From December 20 and through April we are very much sold out. We are approximately 50% booked for May but it picks up again in June. We look forward to a very busy year. Will we sell? Maybe, Nevertheless, Mr. Ed Hart, during your last work session, you asked us to be "reasonable" in our pricing. I will again remind you that'you could have got free parking from'the Seashell and Markbpoulos projects but it was to "massive" for you. Now you are asking us, the hard working business people, to give up their businesses, sole income and homes in order to be "reasonable". If I am reasonable towards you, I will be unreasonable towards rnyself -If I am unre.asonable_towards you,.I will be reasonable towards myself r it e , .. • .: 93 LL o. " earwa er Interoffice Correspondence Sheet To: - Mayor and Commissioners From:. Cyndie Goudeau, City Cler CC: Biii Horne, City Manager; Pam Akin, City Attorney; Garry Brumback, Assistant City Manager; Ralph Stone, Assistant City Manager Date: November 30, 2001 RE: Rules of Procedure Attached are the Rules of Procedures with the amendments as directed at the September 4, 2001 Work Session. Also, attached is information regarding how other cities handle public input at Work Sessions. This will be placed on the 12/10/01 Commission work session as a Commission DiscLssion Item. Based on final direction at that work session the appropriate resolution to adopt the changes will be placed on the December 13, 2001 Commission meeting agenda. i COMMISSION RULES RULE 1 SCHEDULING COMMISSION MEETINGS/WORK SESSION AGENDAS (1) The City Commission shall meet on the first and third Thursdays of each month at 6:00 p.m.- in its chamber. However, in July, the City Commission shall hold one regular night meeting on the third Thersday of the month. There will be no regular meeting on the third Thursday, of December or the first Thursday of.Januaty. The Commission will make this determination at the time the annual meeting calendar is being compiled. '(2) Except as maybe rescheduled from time to time when necessary due to conflict, a work session shall be held at 9:00 a.m. on the first, working day of the Commission meeting week. Work sessions are primarily designed for information gathering and guidance, and no formal Commission decision approving or disapproving an agenda item or items scheduled for public hearing may be made. No public input will be accepted at work sessions. Only items on the work session agenda will be discussed. Items not on the agenda may be brought up by the Commission or staff during the work session asking they be scheduled for subsequent meetings or work sessions, (3) -Community meetings will-be scheduled as requested by the Commission. . RULE 2 REQUIREMENTS FOR QUORUM A quorum for the transaction of business by the City Commission shall consist of three (3) Commissioners., RULE 3 MANDATORY MEETING ATTENDANCE FOR CITY OFFICIALS The City officials whose regular attendance shall be required during the sittings of the Commission shall be the City Clerk, Clty Manager and City Attorney or their substitutes. . F 1 Rev. 11-30-01 4 r RULE 4 DUTIES AND RESPONSIBILITIES OF "CHAIR" The Mayor-Commissioner shall be the presiding officer of the City Commission, and shall be referred to as the "Chair" when sitting in that capacity. In case of the absence of the Mayor-Commissioner, the Vice Mayor shall assume those responsibilities, and if both are absent, the senior Commissioner in years of service shall preside. The Chair shall preserve order. The Chair may call to order any member of the Commission who shall violate any of the rules; and shall decide all questions of order, subject to a majority vote on a motion to appeal. The Chair shall recognize all Commissioners who seek the.floor under'correct procedure. The Chair shall not make or second a motion. RULE 5 DUTIES OF VICE-MAYOR IN ABSENCE OF MAYOR-COMMISSIONER Pursuant to Charter section 2.05, "the vice-mayor shall act as mayor-commissioner during the absence or inability of the mayor-commissioner to perform the duties of the office of,the mayor." For the purpose of that section; the mayor-commissioner shall be considered absent if there are duties of the office which must be performed -and the mayor-commissioner is not present and able to perform them. RULY 6 ORDER OF BUSINESS (1) The order of business for a regular meeting shall ordinarily be: A. Invocation B. Pledge C. Special recognitions and awards D. Minutes of previous meetings. E. Citizens to be heard regarding items not on agenda. Each speaker will be asked'to give their name and address and to limit their comments to a maximum of three minutes. F. Public hearings (not before 6:00 p.m.) Legislative and administrative matters: 1. Presentation' of issues by City staff, 2. Statement of case by applicant or representative (5 minutes), 3. Commission questions. Rev. 11-30-01 I 4. Comments in support and comments in opposition; +iduat-eras rn1rtes-See subsection (3) below regarding time limitations for speakers. . 5. Commission questions. 6. Final rebuttal by applicant or representative (5 minutes). 7. ,Commission motion to determine disposition. Quasi-judicial Hearings (those giving testimony will be sworn-in): 1. Staff states its recommendation and briefly summarizes its reasons for the recommendation (2 minutes). 2. Applicant presents case, including its testimony and exhibits. Witness may be cross-examined (15 minutes).. 3. Staff presents further evidence. May be cross-examined (10 minutes). 4. Public comment. (3 mIRUte6 r-pe11! speal4e0. -See subsection (3) below regarding time limitations for speakers_ 5. City Commission discussion, and may question any witness. 6. Applicant may call witnesses in rebuttal (5 minutes). Conclusion by applicant (3 minutes). . 8. Decision. All time limits may be extended upon request, and upon approval of.. request by majority of. City Commission. G. Special, items of widespread public interest. H. City Manager reports. .I. , City Attorney reports. J. Commission Discussion Items. K. Other Commission action. (2) Agenda items, other than public hearings, will be presented by staff followed by questions by the Commission, public input, discussion by the Commission, a motion and second, then debate on the motion. (3) Public comments in_support or opposition of items before the Commission shall be limited to a total of 30 minutes. Unless otherwise specified, R persons speaking before the City Commission at4imes GftF haR pUbliG h ngs-shall be limited to three minutes per speaker. Representatives of agroup may speak for three ?minutes_plus_an additional minute for each person in the audience that waves their right to speak, up to a maximum of ten minutes. A form will be provided to document the request for additional time and those agreeing to waive their right to speak. No person shall speak more than once on the same subject at the same meeting unless granted permission by the City Commission. When time limits are set for speakers, unused time cannot be Rev. 11-30-01 passed from one speaker to another. Extensions of time limits can be given if a roved ?y a maj_ority of the Commission. RULE 7 AGENDA/EXPENDITURE OF FUNDS/ WAIVER OR CHANGE OF RULES (A) The City Manager, City Attorney, or any Commissioner may agenda an item. Any citizen may request a Commissioner to agenda an item, even though staff has assured petitioner that adverse action may result. The Chair cannot depart from the prescribed agenda but. the Commission may do so by a majority vote or by consensus in response to a suggestion from the Chair. Continuance may be granted by a majority vote of the Commission upon the motion of any Commissioner. The public will be allowed to speak on an item to be continued if that item is an advertised public hearing, but no other action shall be taken. (8) Except for items advertised for public hearing, items may be removed from the agenda. Additional items may be added upon not less than 72 hours notice by a Commissioner to the City Manager; provided that emergency items may be added to the agenda by the City Manager or City Attorney without prior notice. The agenda may be reordered. (C) ' Any expenditure of funds requiring commission'action must be on the agenda; with appropriate support material. No action may be taken on expenditures not on the agenda unless the Commission determines by the affirmative vote of a majority plus one to permit action to be taken. (D) The rules may be waived or changed only upon the affirmative vote of a majority plus one. RULE 8 DEBATE OF MOTIONS/TIE VOTES Any member of the Commission making a motion or second shall address the Chair and await recognition before speaking. The Chair must recognize any person who seeks the floor while entitled to it. The person making the motion is entitled to the floor first for debate. No one is entitled to the floor a second time on the same motion as long as any other member who has not spoken on the issue desires the floor. When a motion is made and seconded, it shall be stated by the Chair before any debate shall be in order. All questions shall be stated and put by the Chair, and the Chair shall declare all votes. Rev. 11-30-01 For a member to discuss a matter while no motion is pending requires, permission from the Commission. Motions and any amendments can be withdrawn or modified by the maker at any time prior to the Chair stating the question on the motion; after that time, the permission of the Commission majority must be obtained. The Chair cannot close debate as long as any member who has not exhausted-his right to debate desires the . " floor. A tie vote shall constitute a continuance of the item to the next regularly scheduled meeting, but upon a tie vote on the same item at the next meeting, the item shall not be rescheduled except upon the request of the City Manager, the City Attorney, or a Commissioner. RULE 9 NON-DEBATABLE MOTIONS • l • The following motions are not debatable: To adjourn; To lay on the table; To take from the table. ?. RULE 10 RECONSIDERATION Any member of the.Commission who voted with the prevailing side may move a reconsideration of any action of the whole Commission: provided that the motion be made at.the same meeting at which the action was taken. A motion to reconsider shall be in order at any time (during the meeting at which the action was taken) except when a motion on some other subject is pending, No motion to reconsider shall be made more than once on any subject or matter at the same meeting. RULE 11 RESCISSION OF COMMISSION ACTION Commission action may be rescinded by a majority vote. The motion may be made by any Commissioner. RULE 12 BREAKS/RECESSES The Commission shall, at the direction of the Chair, take a break approximately every two hours, and may recess for meals, if the members of the City Commission agree by their vote. Any Commissioner may make a motion for a recess for an appropriate reason. Rev. 11 -30-01 RULE 13 COMMISSION MINUTES Copies of the minutes of regular meetings shall be'furnished, when possible,' at least seven days prior to the next meeting. Such minutes shall stand confirmed at the regular meeting of the Commission without the reading thereof in open meeting unless some inaccuracy or error be pointed out by some member of the Commission present, and in such event, an appropriate correction shall be made. Upon request, the City Manager will cause the City Clerk to provide any Commissioner with transcribed excerpts of tapes of City Commission meetings. RULE 14 RULES OF ORDER Except as provided herein,' or as may be required by Florida law or the City Charter, the rules of the City Commission for the conduct of its business shall be as provided in the most recent edition of Robert's Rules of Order. RULE 15 RULES OF DECORUM At all times the Commission staff and public shall conduct themselves in a respectful and civil manner. The Chair shall rule out of order any person who, in the Chair's determination is making obscene profane, impertinent-Irrelevant, immaterial inflammatory statements or incitin violence or fighting: The determination of the Chair or a maiorit of the Commission shall be final on such matters. No member of the audience s_hail , during a Commission Meeting, make or cause to be made any audible or disruptive sound or noise. Signs or graphic displays of any kind shall not be displayed in Commission chambers except in connection with apresentation made. to the Commission b a speaker at the odium. All persons shall at all times conduct themselves in accordance with these rules and failing such shall be removed from the Commission Chambers. In the event of such removal such person shall not thereafter be readmitted to the Commission Chambers during the same meeting. The meeting may be recessed, if deemed necessary, in order to restore order.' Rev. 11-30-01 U m a3 0 3 Q L W CO ca cc W ? V) ai ?, U a°i a0i 0 U) ° c o a.- ch ° 0) of (M .N c U CD 43) D C c EU-° 0 0 0 U ° w a U) ?. o_ 0 E U) ca c c 0)a (13 . C cc 0 C ,? m w a o 0 0 IV C 0 m - 2e 0 ?n - ca cu a) (D O C W ) cOC fu m a Ct$ U i N U U U U N o E o ? W a? ca U L 0 a x a) ca cu L -0 > N = o 't7 O tU N 0 E N " U L) W CL o O=1 -0 U 0 O O 0 (a ) E d a .0 o o 0 cn r- M ) Q) O . N o O C3 ca N 0 G m c a = O W 17 n_ O O c as ct3 c . tF7 07 N O C .a . t1 .. O ° = c cif W m N to :3 a m? Rf w o C E m N Q) N a) - D C 0 W to c 0 U CD > t C j o O b C ? o p CL (n 0 0 ° / CL O 0 v to '- a? Z? O E N t? to E U 0. O X E o ,+? W c ? L Y to O it ro ` ?•NC =`m a:E -0 o 0 3 0 'm a?E a? o m aN coax o.? sc 0 . to ° ?, M to c ' (U tt3 C O M q 'C7 W . Y ca ? tU E m 0 r- U W C U E ^ 0 CL C 3 v to V S O O CD N O CL cn C CL - 0 3 ? 1 E • ti 0 m ca cx a> 4 N co . C 7+ v W E cm O i O ca co C. W W o- 0 12 E .U W E E 2 O Iu - C " = Nis C C tti C i L ' c co n" a m u ° C- o o U 0 B G C C? C W 0 Q) = ` 0 Cn 7 A2 tn Y a) a) 0 , 01 J J2 G 0 0 . w o W ttl V = Q M c .aC c fi O 3 N o N E .5 p in G c C [!. O O > 0 to to o Z t= ' c c? 4 c c o W to W W o_ c v 3 3 •_ a 'cn C rh t E c c O(D W a) N in W O a 'N 0 vi o v o at c W o o C ° m O Co 0 0 to W 0 to a C O 0 o to to O M O° N y J ° rn cn `-' O N t to O 'v1 0 O x 0 tl} , of to (n m tin LL = vt°?t' ° .? to a 0 cis uoi r°ri E c aNi o ' ' c 0? a`Di w ` ai m a O cn -Y. (n 7 CL O X 0 ` x .x .x E m _ to ui 0. c be '' t i N Y to x >+ 0 stS O ° 0 O o c fl C 5 N :. w e to n r ' c o ° 3E 30 -0 75 3 3 3 3E U° 1-• OEa o n.a) ° N ? to to CL > cn ai c E 0^ ? W to 0 w? 0 W N W 3 E° to c W 0 to c '} Z 2 2 CO o c = w co c 2 ro = = = a 2 ,? E z U a 2 4 '0 T E U) N (D U ) n m d • CL ' j2 m = O O X, tit (1) L o N C 0 W O c V C ` CO c W W O J E ; : T a N r T ' RESOLUTION NO. 01-43 A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,' AMENDING THE COMMISSION RULES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission desires to amend the Comm ission'ruies; now; therefore, BE IT RESOLVED BY' THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA: Section 1. The Commission Rules are hereby amended as shown on Exhibit "A." ' Section 2. This resolution shall take effect immediately'upon adoption. ''PASSED AND ADOPTED this day of , 2001. Brian, J. Aungst,' Mayor-Commissioner Approved as to form Attest: i and legal sufficiency: Pa ela K. Akin, City-Attorney' Cynthia E. Goudeau, City Clerk, Resolution' No, 01-43 sA gES01,11T1ON - 01-M A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA, ASSESSING A LIEN AGAINST CERTAIN REAL PROPERTY LOCATED IN CITY OF CLEARWATER, HAVING A POST OFFICE ADDRESS OF 2576 HARN BOULEVARD, AS DESCRIBED MORE PARTICULARLY HEREIN, IN 'THE AMOUNT OF $5,201.06 FOR THE COSTS OF DEMOLITION INCURRED IN REMOVING A DANGEROUS STRUCTURE WITHOUT THE CONSENT OF OWNER; -PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard Building Code, the Building Official determined that certain real property' described herein and the building situated thereon were unsafe, unsanitary, unfit for human habitation, and dangerous and detrimental to the health, safety, and general welfare of the community, and did not properly comply with the requirements of said Code, and found that an emergency existed which, in his opinion, involved danger to human life and health, and ordered the demolition of the bui{ding; and WHEREAS, the City of Clearwater has caused the abatement of the conditions or 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: Se-tion I The Building Official having ordered the abatement of the conditions or demolition of the building situated on the following described property: W 100ft of E 375ft of N 200ft of S 540ft of N E (Parcel Number # 19-29-16-00000-140-0500) Owner of record: Manuel Kastrenakes Evangeline Kastrenakes .1780 McCauley Road Clearwater, Florida 33765 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 necessaj costs incurred as follows: . TOTAL DEMOLITION COSTS $5,201.06 (See Attachment "A") „ Resolution No. 0I-35 ' 1, - 3'... „?• . • ' r .. x' .a r r Section .9- As soon as 'practicable,, a Certificate of Indebtedness against the property for the amount of'assessment shall be prepared, which certificate shall constitute a lien prior to all other liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with interest at a rate often percent (10%) per annum. .Seciian_3. • The City Clerk is hereby directed to prepare a Notice of Lien in the amount of the assessment against said prop",. and to record the same in the Public Records of Pinellas County, Fforida. ,Se a inn a .This resolution'shall take effect, immediately upon adoption. 'PASSED AND ADOPTED this day of, . 2001, r r 4 Brian J. Aungst Mayor-Commissioner Approved as to form: Attest: d .1, Leslie K. Dougall es Cynthia E. Goudeau , Assistant City Attorney, City Clerk- Resolution No. 01-35 C/4 - f' V. / w Clearwater City Commission Agenda Cover Memorandum Final Agenda Item # --q.- _ 75b Meeting Date: 12 -13- p' SUBJECT/RECOMMENDATION: Approve technical amendments to Sections 32.032 and 32.042 of Chapter 32, Clearwater Code of Ordinances; replacing references to telecommunications companies with providers of communications services which is consistent with the 2001 'codification of Chapter 2001- 140, Laws of Florida into Section 337.401, Florida Statutes (2001),, and pass Ordinance No. 6920-02. ® and that the appropriate officials be authorized to execute same. SUMMARY: • The 2001 Regular Session of the Florida Legislature amended and repealed portions of the Communications Service Tax Simplification Law adopted by the 2000 Regular Session of the Florida Legislature. The series of complex bills enacted by the Florida Legislature over the past since the enactment or the Telecommications Act of 1996 by Congress has created confusion in the status of the law as recognized by the ` Eleventh Circuit Court of Appeals in BellSouth Telecommunications: Inc. v, Town of Palm Beach, 252 F.3d 1169 (111'' Cir. 2001). • The City Commission in good faith reliance of the understanding of the law at the time adopted Ordinance No. 6853- 01 on October 4, 2001. Since adopting Ordinance 6853-01, the City Attorney's office received the codification of the 2001 Legislation and recommends by this Ordinance No. 6920-:9T. The technical change is wording in the October 4, 2001, Ordinance. • The change merely changes the word telecommunications to communications services, consistent with the codification of the state law. A telecommunications company is defined by § 364.02(12), Fla. Stat. "every corporation, partnership, and person and their lessees, trustees, or receivers appointed by any court whatsoever, and every political subdivision In the state, offering two-way telecommunications service to the public for hire within this-state by the use of a telecommunications facility. The term "telecommunications company" does not include: (a) An entity which provides a telecommunications facility exclusively to a certificated telecommunications company; (b) An entity which provides a telecommunications facility exclusively to a company which is excluded from the definition of a telecommunications company under this subsection; (c) A commercial mobile radio service provider; (d) A facsimile transmission service; (e) A private computer data network company not offering service to the public for hire; or (f) A cable television company providing cable service as defined in 47 U.S.C. s. 522. However, each commercial mobile radio service provider shall continue to be liable for any taxes imposed pursuant to chapters 203 and 212 and any fees assessed pursuant to s. 364.025. • Communications services is defined in § 202.11(3) as the transmission, conveyance, or routing of voice, data, audlo, video, or any other information or signals, including cable services, to a point, or between or among points, by or through any electronic, radio, satellite, cable, optical, microwave, or other medium or method now in existence or hereafter devised, regardless of the protocol used for such transmission or conveyance. The term Reviewed by . OrIglnatl t: p Costs Legal Info Tech NA / i Legal uL.,. Total Budget NA Public Works NA User Dept. Funding Source; Purchasing NA DCM/ACM Caplial Imp'ovemonl Current Fiscal Year Risk Mgmt NA Other NA Attachments oporal"iq Ordinance No. 6920-01 Omer Appropriation Code: Submitted by: ? None CI Manager Printed an rocvclod naaor Rev. 2198 ORDINANCE NO. 6920-02 AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA'RELATING TO REGISTRATION OF PROVIDERS OF COMMUNICATIONS SERVICES; AMENDING SECTIONS 32.032 AND 32.042 OF CHAPTER 32, CODE OF ORDINANCES; MAKING TECHNICAL CORRECTIONS BY CHANGING TERM TELECOMMUNICATIONS TO PROVIDERS OF COMMICATIONS SERVICES; PROVIDING AN EFFECTIVE DATE. WHEREAS, the '2001 Florida Legislature amended Section 337.401, Florida Statutes, (2000) enacting confusing legislation, CSICSISB 1878, BellSouth Telecommunications, Inc. v Town of Palm Beach 252 F. 3d 1169 (11th Cir, 2001),, which became Chapter 2001-140, Laws of Florida, relating to the management 'by municipalities of 'their rights-of-way encumbered by telecommunications companies as providers of communications services; and WHEREAS, the City of Clearwater adopted on October 4, 2001 revisions to sections 32,032 and 32.042 of the Clearwater Code of Ordinances. The changes,were drafted pursuant to-the confusing Chapter 2001-140; and WHEREAS, pertinent portions of Chapter 2001-140 have been recently codified as Section 337.401, Florida Statutes (2001) clarifying much of the confusion and thus necessitating technical amendments to Sections 32.032 and 32.042 of the Clearwater Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF CLEARWATER, FLORIDA, that: Section 1. Section 32.032 of Chapter 32, Code of Ordinances is amended to read: The City Commission may by ordinance grant permission to any person to construct and operate a public utility, except as of January 1, .2001, a telecommunications company as-prawdn r_--ef--mmunisatiQas-services defined in § 364.02(12),, Florida Statutes as amended from time to time or unless and until judicially or legislatively determined to the contrary, in the streets and public grounds, of the city, but no such grant or renewal thereof shall be made in violation of any of the limitations contained in this article. Telecommunications companies to the extent the are providers of communications services, are required to register with the City pursuant to Section 32.042. Section 2. Section 32.042 of Chapter 32, Code of Ordinances is amended to read: Ordinance No. 6920-02 Sec. 32.042, Registration of providers of communications services. (1) Communications services for the bur poses of this section is ` defined by F.S. 202.11 f 13), as amended_ from time to time or Until judicially or legislatively determined to the contrary. (2 1) Registration is required for construction, installation, maintenance, repair, or location in rights-of-way (a) A provider of communications services telesemmuRiGatiens company that desires to construct, install, maintain, repair, expand, or locate *any permanent or temporary facilities in, under, over, on or across any rights-df-way in the City shall first register with the City in accordance with the terms of this section. When a provider of communications services , telec-G ;*,a, iens"soP?paAy occupies or uses the rights-of- way in any manner' except to construct, install, maintain, repair, expand,, or locate a permanent or temporary facility, the provisions of this section do not apply and the provider of communications services teleGGFnFn wnlsaU9ns-earApany may be subject to other ordinances regulating the occupation or use of the rights-of-way. A provider of, communications services teleserAicati9A6 -s9Rpany, which does not have a physical presence in the rights-of-way, is not required to register under the provisions of this section. (b) This registration pertains only to the placement of communications services teles9mnVJ44i9atiGA4a9lIities in the rights-of-way, if a registrant seeks to enter the rights-of--way of the City for any other purpose, further approval of the City may be required, Registration does not excuse a provider of communications services from complying with all applicable City ordinances, including this section. (3 2) The registration procedures areas follows: (a) Registration. A provider-of communications services teleseruA-icati9ns.--company desiring to construct, install, maintain, repair, expand, remove or locate facilities in, on, over, under, on and across the designated rights-of-way shall file a registration with the City, which shall include including the following information: 1. Name of the applicant; 2 Ordinance No. 6920-02 2, Name, address and telephone number of applicant's primary contact person in connection with the registration; 3. Evidence of insurance coverage required under this section; and 4. The number. of the registrant's current certificate of authorization issued by the Florida Public Service Commission or the Federal Communications Commission. (b) , Review by the City. The City will review the information submitted by the applicant. 'Such review will be by the City Manager or his or her designee. If the applicant submits information in accordance with Section 32.042(2)(a) above, the registration shall be effective and the City shall notify the applicant of the effectiveness of the registration in writing. If the City determines that the information has not been submitted in accordance with Section 32.042(2)(a) above, the City, shall notify. the applicant of any apparent errors of the non-effectiveness of registration, and reasons for non- effectiveness, in writing. The City shall so reply to an applicant within 30 days after receipt of registration. information from the applicant. (c) Cancellation of Registration. A registrant may cancel a registration upon 60 days written notice to the City noticing that it will no longer own, use, or. maintain facilities in the rights-of-way and will no. longer need to obtain permits to perform work in the rights-of-way. A registrant may not cancel a registration if the registrant continues to place, maintain, or own or use any telecommunications facilities in the rights-of-way. (d) No Priority in Registration. Registration does not establish any priority for the use of the rights-of-way by a registrant or any other registrants. (e) ' Renewal of Registration. All registrants shall renew their registration with the City no later than January 1 every 2 years. , Registrants shall notify the City within 30 days of any change in registration , information. Registrations are . expressly subject to any future amendment . to or replacement of this Section and further - subject to any additional City ordinances, as well as any State or Federal Ordinance No, 6920-02 1 laws that may be enacted during the term of the registration. If the City fads that non-renewal of registration- was a good faith error on the part of. the 'provider of communications services teles©mmuaisatiaR--seMpaAy, the only penalty for non-registration shall be the non-issuance or revocation of permits to work in the rights-of-way; otherwise Code of Ordinances section 1,12 shall apply. (f) Permit. In accordance with applicable' City codes and „ . ordinances, a permit may be required of a provider of communications services telerommunisatiansGempany that desires to erect, construct, install, maintain, place, repair, extend, expand, remove, or locate permanent or temporary facilities in the rights-of way. (g} Transfer, if the registrant transfers or assigns its registration incident to sale or. other transfer of any of the registrant's facilities located within the.rights-of-way within the City, the transferee or assignee shall comply with the terms of this section as of the effective date of the transfer or assignment. No later than 20 days after the effective date of the transfer or assignment, the transferee. or assignee shall register in accordance with section 32.042(2) of this section. (h) Existing facilities., Facilities constructed, maintained, repaired, or located by providers of communications services teleso munisataons-sempafly prior to Ahe effective date 'of this section may remain in the rights-of-way, provided the provider of communications service complies with the registration provisions of this section. Providers with existing facilities,in the rights-of-way have 30 days from the effective date of this section to comply with the terms of this ordinance, or be in violation thereof. ,'4 3) Final, written decisions of the city manager denying an application for registration or denying an application for renewal of a registration are subject to appeal. An appeal must be filed with .the city manager within 30 days of the date of the final, written decision to be appealed. Any appeal not timely filed as set forth above shall be waived: The city commission shall hear the appeal and may affirm or reverse the decision of the city manager. t 4) A registrant shall maintain in full force and effect general liability insurance acceptable to the City, which specifically covers all exposures incident to the intent and responsibilities under this section. The registrant shall add and maintain the City as an additional insured 4 Ordinance No. 8920-02 ' t on its general liability insurance. The document shall indicate that the City, a political subdivision of the State of Florida, is an additional insured, as its interests may appear; and shall also provide that insurance' shall not be canceled, limited, or non-renewed until after thirty (30) days' written notice has been received by the City; however, insurance may be canceled and replaced with a.policy that continues to meet the requirements of this section. Registrant may satisfy the insurance requirements and conditions of this article under a self= insurance plan. Registrant shall agree to notify the City, or indicate on the Certificate of Insurance, whether self-insurance is relied upon when a self insured retention or deductible exceeds $100,000. if a provide of communications services telese unwabaas-sewise--previdei: is self-insured, in order to assure that the insurance requirements are being' met, the City reserves the right, but not the obligation, to request and review a copy of the registrant's Post recent annual report or audited financial statements. (6 5) The following indemnification applies: (a) In matters related to any actions or activities of the providers of .communication' services' telesem + Pkatiofls-seaFice--pr$vider• arising under this section, providers of communications services telesommu4G tiers-seise-previdef shall, at its sole cost and expense, fully indemnify, defend and hold .harmless the City, its officers, boards, commissions, charter officials, employees, . agents, and volunteers against'any and all claims, suits, actions, proceedings, liabilities, and judgments for damages '(including, but, not limited to, expenses for reasonable legal fees and disbursements and liabilities assumed by the City in connection, therewith) or equitable relief regardless of whether the act or omission complained of is authorized, allowed or prohibited by this ordinance.' The providers of communications services te1e, a FAuei?s-se ise--pravideF's indemnification of the City shall include; but not be limited to all claims, suits, actions, proceedings, liabilities, and judgments for damages arising out of the following: 1. To persons or property,. in any way arising out, of or through the acts or ,omissions of the providers of communication services €elecemFAu-Pisat!,Dn& -service pr4vk#er, its officers, agents, employees, servants, contractors, subcontractors, consultants or volunteers or to which the providers of communications services telecGFnnaut?isafi( rn re vise fGviders negligence shall in' any way contribute; and 5 Ordinance No. 6920-02 2. Arising out of any claim of invasion of the right of privacy, for defamation of any person, firm or corporation, or the violation or infringement of any copyright, 'trademark, trade name, service name, patent, or of any other right of any person, firm or corporation; and 3. Arising out of the providers of communications services telesoA;MUaisatiees-se +se-pFGvide4 failure to comply with the provisions of any federal, state or local statute, ordinance or regulation applicable to the providers of . communication services te-lecommunisati 1716--service pr-G d in the conduct of its business under this section; and (b) The City shall be responsible for its own negligence, including that of its elected officials, charter officials; officers, and/or employees resulting . from activities arising from its sole responsibilities under this section, but only to the . extent provided by the waiver of sovereign immunity in F.S. § 768-28. (c) The providers of communications services teiesammunicaUGn6 ser ise?-pre der shall have the duty to defend the City in any action to which the City is a part which fails to allege specific actions by the City resulting from its activities under this section, whether or not the same claims damages for which the City is immune under Federal or State law, including, but not limited to, Florida Statute §768.28, (d)The City shall give the providers of communications services telesommun+ nr. se, .,*-^ re i prompt notice of the making of any claim or the commencement of any action, suit, or other proceeding covered by the provisions of this section. Nothing in this section shall be deemed to prevent City from cooperating with the providers- of communications -services Weso ueisatieRS-4ePise-pr{wicle; in participating in the defense of any litigation by its own counsel at its ,sole cost and expense. (e) Nothing in this ordinance shall be construed to abrogate any immunity under Federal or State law, including, but not limited to, 47 U.S.C. §555a or Florida Statute §768:28. Section 3. Consistent with Section 1.14 of Chapter 1, Code of Ordinances, the sections, paragraphs, sentences, clauses and phrases of G Ordinance No. 8920.02 TO: BILL HORNE, CITY MANAGER FROM: CYNDI TARAPANI, PLANNING DIRECTOR RE:. REVIEW Or HEIGHT LIMITATIONS DATE: DECEMBER 7.2001 At the November 15,2001 City Cominission meeting, there was a discussion and questions regarding height limitations on Clearwater Beach. The purpose of this memorandum is to describe how height is evaluated during the site plan review under the City's Community Development Code. I. HISTORY AND' PHILOSOPHY OF THE COMMUNITY DEVELOPMENT CODE The Community Development Code was adopted and effective in March, 1999 after extensive public involvement and review. This Code totally replaced the City's previous zoning code and represented a dramatic difference in philosophy on regulating development. One of the principal concepts of the new Code recognizes that Clearwater is in a redevelopment mode rather than a development mode: the City realizes that it does not contain a significant amount of vacant land and most land use changes will result from redevelopment of existing sites. A second principal concept endorsed in the new Code is the recognition that'it is inherently more difficult to redevelop an existing site rather to develop vacant property. Therefore, incentives'are necessary and appropriate to encourage the redevelopment to come to Clearwater rather than other competing locations. The redevelopment incentives that are provided in the Code are both procedural and substantive. The major procedural incentives include simplifying the site plan review process; reducing the number of review authorities from four boards to one; developing easily understood standards by which to evaluate a project; establishing specific time frames fora decision; and expediting the review process by reviewing a project holistically-all. aspects of the site development are under review at one time rather than a piece-meal review of individual elements of the project. 0 CleamAte'r' LL Interoffice Correspondence Sheet ,M For example, under the old code, a project may-have been reviewed by the. Planning Commission for the proposed use, by the Development Code of Adjustment Board for a height . variance and by the Design Board if located in downtown. In the new code, the project would be reviewed for all aspects by the Community Development Board which determines the appropriateness of the use, any flexible requests and th.e design aspects of the project. Not only is this holistic process a more effective review mechanism resulting in better development, it offers a substantial savings in time to the developer in receiving a decision by the City in a reasonable time frame. . The substantive incentives are described throughout the Code. The major substantive incentive is'a three tiered approach to reviewing projects that establishes a relationship between the'amount of site flexibility with whether the project requires a public hearing or may be reviewed by staff with public notice provided. For example, as a project deviates from the standard site plan requirements (setback, height, parking, site amenities, etc.) a public hearing is required to review the project and determine the impacts of the deviations. The Code also recognizes that certain types of uses may require a public hearing due to their impacts on the surrounding area and the City as a whole. Therefore, there are some uses that require a public hearing even if all site standards are met. An example ofthis type of use is a problematic use such as a day labor business. Another major concept in the Code is the recognition of past Court decisions that distinguish between two types of development applications: legislative and quasi judicial. An example of a legislative application is a land use amendment where the governing body exercises their authority to establish citywide policy to amend or not amend their land use plan. A land use plan amendment as a legislative action is consistent with and similar to the City Commission's role in other legislative decisions that set citywide policy such as approving the budget. A quasi-judicial case is a specific application to develop a site where the CDB reviews the application and applies the development standards to that application. In the City of Clearwater, flexible applications are quasi-judicial cases and all are reviewed by the Community Development Board (CDB). Court decisions have established that quasi-judicial cases must be based on competent evidence evaluating the project against the city's standards. The review of a project must objectively determine whether the project meets the site plan standards. The CDB holds a public hearing and-testimony is given by the City staff, the applicant and the public. The CDB often has to weigh all of evidence (which may be conflicting) to determine whether it is fact based or based on emotional "not in my backyard" attitudes. The Code prescribes that the CDB members must be "qualified and experienced in the'fields of architecture, planning, landscape architecture, engineering, construction, planning and land use law and real estate." (Section 5-202, Community Development Code). This specific knowledge and skills of the CDB contributes to a balanced knowledgeable evaluation of projects. In many ways, the CDB's review and decision has many characteristics of a judge's decision; they must weigh evidence, apply laws/standards to a specific property and their decision is final subject to an appeal. to a . hearing officer. 2 M I II. CURRENT METHOD OF REVIEWING HEIGHT The review of height is a component of a site plan application reviewed by either the City Planning Department or the CDB, The Code establishes ranges of heights in each zoning district and authorizes the Planning Department to permit some. additional height as part of the entire site plan. The Code further establishes ranges of heights in each zoning district that the CDB may permit also in concert'with a site plan review. When determining'the appropriate height of a specific project, the Planning Department and CDB will review the characteristics of the surrounding area (both built and previously approved); the amount and purpose of the project's increased height; the location of the taller buildings in relationship to the streets and surrounding area; and the height in the context of the site plan taking into consideration other design features. The Planning Department and CDB will also be guided by the boats and policies of the Comprehensive Plan and any special area plans for the neighborhood in which the project is located., Currently, the City has adopted four special area plans that establish policies for these specific areas: Downtown, Clearwater Beach, the Periphery Areas to Downtown and the Coachman Ridge Neighborhood. III, PROPOSED CHANGE TO HEIGHT REVIEW At the City Commission's meeting in November, ?001, the City Manager was directed to evaluate amending the height regulations such that projects located on Clearwater Beach exceeding 100 feet in height would be reviewed by the City Commission rather than the Community Development Board. This proposal will require an amendment to the Community Development Cade in the.Tourist and High Density Residential Districts to change the review authority. The remaining districts on the Beach do not allow heights of 100 feet or taller; therefore, the amendment can be restricted to these two districts. In addition, amendments to the procedural sections to the Code are also needed to establish the City Commission as the review authority in this,instance and to establish the standards for review. IV. SUMMARY A project's height is currently reviewed as part of the site plan review process. In limited instances. the Planning Department may allow increases in height after public notice and careful consideration of the proposal. Further flexibility in the maximum height is allowed through application to the CQrnmunity Development Board as part of a site plan review and is debated in a public hearing with notice given. The City's redevelopment goals are reflected in the Code that provides incentives for redevelopment including clearly defined standards by which a project is measured. 'rhe Community Development Board serves in a quasi-judicial function in reviewing site plans and must apply the Code in an objective manner based on these special skills, weighing conflicting evidence and making a balanced decision. 3 The proposal to amend the Code to establish the City Commission as the review authority for certain projects on the Beach is a major change in philosophy from the current framework of the Code. This amendment would provide that the review authority is the City Commission rather than the CDB for height increases on the Beach. The amendment,,Arould establish the City Commission as the review authority for only one limited type of quasi-judicial application where currently the CDB has the responsibility of reviewing all quasi-judicial cases. The determination ` of the review authority'on a height increase would be based solely on the project's location., thus, resulting in two boards with the same height review authority. The City Commission would not have available to them the history of the CDB's decisions on previous height applications and would not be able to balance the request at hand with the background of approximately three years of site plan decisions. The potential, for inequitable treatment for similar applications would be increased due to this lack of background and the reality of different reviewers applying i the same criteria: ' r Acting in its policy-making role, the City Commission has established the policy for heights by adopting the Beach B), Design plan and the Community Development Code. The review of height restrictions as well as other site plan standards as applied to specific projects is best assigned to the CDB who with their special skills and experience have been effective and balanced in their quasi-judicial role•reviewing development applications.. Based on the factors described in this memorandum, the Planning Department does not recommend making this code amendment. Thank you. cc: Garry Brumback, Assistant City Manager Ralph Stone, Assistant City Manager ; Pam Akin, City ,Attorney