02/20/2003
CITY COMMISSION
MEETING
02/20/03
NOTE: 02/18/03
PRELIMINARY (WS) AGENDA & PAPERWORK
THAT WAS IN PACKET INITIALLY BUT THEN
NOT CONTINUED ONTO THURSDAY'S
COMMISSION AGENDA IS AT THE BACK OF
THIS AGENDA PACK.
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday. February 20, 2003 - 6:00 P.M. - Commission Chambers
ITEM #1 - Invocation - Deacon James Grevenites of St. Brendan
ITEM #2 - Pledqe of Alleqiance - Mayor
ITEM #3 - Service Awards- Given
Employee of Month for February 2003 - Vickie Duffey of Police Department
b) Proclamation:
c) Proclamation:
d) Presentation:
ITEM #4 - Introductions. Awards and Presentations- Given
a) Proclamation: Tampa Bay Emergency Planning And Community Right-To-Know
(EPCRA) Awareness Week -2/23-3/1/03
Engineers Week - 2/16-22103
Clearwater Marine Aquarium Week - 2/10-16/03
Phillies Spring Training ad campaign - Given
ITEM #5 - Approval of Minutes - 2/5/03 Regular Meeting and 2/3/03 Attorney/Client Session
ACTION: Minutes approved as submitted.
ITEM #6 - Citizens to be heard re items not on the Aqenda: None
PUBLIC HEARINGS
ITEM #7 - Public Hearinq & First Readinq - Ord 7076-03. Ord 7077-03. and Ord 7078-03 -
Approve the Petition for Annexation. Land Use Plan Amendment from Commercial General
(CG) to Residential/Office General (RlOG). and Zoninq Atlas Amendment from C-2. General
Commercial (County) to the O. Office District for property located at 2316 Drew Street (Rolling
Heights, Lots C and D) ANX2002-11 022 and LUZ2002-11012 (Drew Park, LLC)
ACTION: Approved. Ordinances passed 1 st reading.
ITEM #8 - Public Hearinq & First Readinq - Ord 7079-03. Ord 7080-03, and Ord 7081-03-
Approve the Petition for Annexation. Land Use Plan Amendment from County Commercial
General (CG). Residential/Office General (R/OG) and Preservation (P) to City Commercial
General (CG). Residential/Office General (RlOG) and Preservation (P) and Zoninq Atlas
Amendment from County AL. Aquatic Lands. C-3. Wholesale. Warehousinq & Industrial
Support, M-2, Manufacturinq & Industry. P-1, Professional Offices to City C. Commercial. 0,
Office. and p, Preservation for 1720 Overbrook Avenue (Stevenson's Creek Subdivision, Lots
3-15, and M&B 43.05 in Sec. 03-29-15) ANX2002-11019 (City of Clearwater)
ACTION: Approved. Ordinances passed 1st reading.
ITEM #9 - Public Hearinq & First Readinq - Ord 7082-03, Ord 7083-03, and Ord 7084-03 -
Approve the Petition for Annexation, Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) and Zoninq Atlas Amendment from County A-E, Aqricultural
Estate Residential to City LDR. Low Density Residential District for 3311 66th Street (M&B
33.03 in Sec. 17-28-16) ANX2002-11020 (George E. Pappas)
ACTION: Approved. Ordinances passed 1st reading.
ITEM #10 - Public Hearinq & First Readinq - Ord 7085-03, Ord 7086-03. and Ord 7087-03-
Approve the Petition for Annexation, Land Use Plan Amendment from County Commercial
General (CG) to City Commercial General (CG) and Zoninq Atlas Amendments from County R-
4. One. Two and Three Family Residential District. to City C, Commercial District for 1231
Lincoln Avenue (Oakland Heights, Lot 36) ANX2002-11 021 (Ana Ramirez Diaz)
ACTION: Approved. Ordinances passed 1 st reading.
Commission Action Agenda 2003-0220
02/20/03
1
CITY MANAGER REPORTS
ITEM #11- Public Hearinq & First Readinq - Ord 7088-03 and Ord 7089-03 - Approve a Land
Use Plan Amendment from Commercial General (CG) to Residential Hiqh (RH), and a Zoninq
Atlas Amendment from C. Commercial District to HDR. Hiqh Density Residential District for
property located at 202 Windward Passage (Island Estates of Clearwater Unit 5, Block 0, a
portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage)
LUZ2002-11 011 (High and Dry Marina, Inc,)
ACTION: Approved (3:2 G, J). Ordinance 7088-03 passed 1 st reading (4: 1 J).
Ordinance 7089-03 passed 1 st reading (3:2 G, J).
Public Hearing - Second Reading Ordinances
ITEM #12 - Ord 7060-03 approvinq the applicant's request to vacate the 16-foot alley Iyinq
alonq a line 2 feet west of and parallel to the west property line of Lot 6, Block 16. Map of
Belleair, (A.K.A. 509 "0" Street), subject to the retention of a drainage and utility easement over
the westerly 15 feet of the alley, (V2002-13 City of Clearwater).
ACTION: Ordinance adopted.
CONSENT AGENDA (Items #10-20) - Approved as submitted.
ITEM #13 - Approval of Purchases per Purchasing Memorandum:
1) Work Order to revise and update master plan on a cosUbenefit analysis and reduction to
downstream impacts for $88,042 from Parson Engineering Science, Tampa, Florida, for
Alligator Creek Watershed Management Conceptual Plan. (PW)
2) Work Order for engineering, construction and inspection services for $72,710 from Post,
Buckley, Schuh & Jernigan, Inc., Tampa, Florida, for Clearwater Beach street improvements to
Papaya and Baymont Streets and construction of 2 parking lots at East Shore & Causeway.
(PW)
3) Purchase of four (4) Flygt pumps for $62,540 from EK Phelps & Company, Apopka, Florida.
(PWNVPC)
4) Purchase of Gas Materials - PE pipe and fittings for $210,000 from MT Deason Company,
Inc., Birmingham, Alabama. (GAS)
ITEM #14 - Award a contract for the replacement of the Clearwater Mall Fire & Rescue
Station No. 49 (02-0099-FD) to GLE Construction Services. Inc. of Tampa, Florida, in the
amount of $1,498,908.40, which is the lowest responsible bid received in accordance with plans
and specifications. FD
ITEM #15 - Authorize settlement of the workers' compensation claim of Claimant, Neil
Artmann, in its entirety to include medical and indemnity for the sum of $40,000. FN
ITEM #16 - Approve the first amendment to the manaqement aqreement with the Clearwater
Community Sailina Association, allowing alcoholic beverages to be possessed, sold and
consumed within the fenced in area of the Clearwater Community Sailing Center. MR
ITEM #17 - Award a contract for the Demolition of Commercial Structures - 1700 Overbrook
Avenue (02-0087-EN) to Kloote Contracting, Inc. of Palm Harbor, Florida for the sum of
$106,754.70 which is the lowest responsible bid received in accordance with the plans and
specifications. PW
ITEM #18 - Approve a contract with Gwendoline I. Martin, Trustee to purchase DRUID
HEIGHTS, Block C, Lot 1 for $111,000 plus estimated closing expenses of $20, for a total
consideration of $111,020. PW
Commission Action Agenda 2003-0220
02/20/03
2
ITEM #19 - Receive Annual Report of Transfer of Development Riqhts (TORs) pursuant to
reporting requirements of the Community Development Code. PLD
ITEM #20 - Authorize the City Attorney to allocate an additional $40.000 in the defense of the
City and James Wood in the case of Palisano v. City, for a total amount of $120,000. CA
OTHER ITEMS ON CITY MANAGER REPORT
ITEM #21 - Adopt Res. 03-07, to file a demolition lien for a total cost of $19.785.72 on the
property located at 1180 Cleveland Street; Gibson's Clearwater Heights, Lots 4-8 included (S&P
Properties - 2303 151 St. E., Bradenton. Florida). DS
ACTION: Approved. Resolution adopted.
ITEM #22 - Award a contract to install conduit, fiber optic cable and termination equipment
to Dolphin Communications Services, Inc.. St. Petersburg, Florida, for an amount not to
exceed $300,000 in accordance with Sec. 2.564(1 )(e), Code of Ordinances. IT
ACTION: Approved (4-0 Aungst abstained).
ITEM #23 - Adopt Res. 03-10, consentinq to a leasehold mortQaQe entered into bv PACT, Inc.
and Bank of America to finance current construction on Ruth Eckerd Hall. CA
ACTION: Approved. Resolution adopted.
ITEM #24 - Approve GMP (quaranteed maximum price) contract amendment with Turner
Construction Company, 500 N. Westshore Blvd., Tampa. Florida, for the new Main Library in
the amount of 514.532,915 and authorize $1,332,000 of that amount for construction, and
approve the appropriation and transfer of $1,132.000 of the unrestricted fund balance of the
General Fund to provide advanced funding for Clearwater Library Foundation funds which are to
be contributed to the City for this expenditure, and direct that Foundation funds received will first
be used to replenish the $1,132.000 of General Fund monies used. LIB
ACTION: Approved as amended to split foundation funds received, with half to replenish
the unrestricted fund balance of the General Fund and half to be set aside for library
furnishings.
ITEM #25 - Authorize settlement of City v. Waqenvoord Advertisinq Group, Inc., etc., Case No.
02-9512-CI-15 in an amount not to exceed $310,000. City Attorney
ACTION: Approved as amended to require execution of settlement agreement no later
than 2/24/03.
ITEM #26 - Approve an amendment to the Joint Participation AQreement and Memorandum
of Aqreement between the Florida Department of Transportation and the City of Clearwater for
the Memorial Causeway BridQe replacement and adopt Res. 03-14. PW
ACTION: Approved. Resolution adopted.
ITEM #27 - Other Pendinq Matters - None.
CITY ATTORNEY REPORTS
ITEM #28 - Other City Attornev Items - None.
ITEM #29 - City Manaqer Verbal Reports
Staff discussed methods to resolve traffic back up on north beach during heavy traffic, including
installation of a traffic signal with left turn arrow for northbound traffic at Baymont.
Commission Action Agenda 2003-0220
02/20/03
3
ITEM #30 - Commission Discussion Items
a) Resolution re Emergency Shelters
ACTION: Discussion with County to continue re development of shelter space in the City.
ITEM #31 - Other Commission Action
Hibbard thanked Congressman Bill Young and complimented the City Clerk and staff for the
appropriatons received for Stevenson's Creek, Beach Walk, and reclaimed water projects.
Hibbard said last week's Art for Animals at the Clearwater Aquarium was a great event.
Hibbard invited residents to participate in the Relay for Life and attend the kick-off event at
the Belleview Biltmore on 2/27/03.
Gray said she looked forward to attending the Friends of the Library luncheon tomorrow.
Gray wished Happy Birthday to her children, Kaylee and Brent.
Jonson acknowledged the passing of Patricia Shoust of Curlew Elementary.
Jonson said he had attended a delightful play at the Francis Wilson Playhouse.
Jonson offered compliments to Westfield Shopping Town for renovating its parking lot and
curbs.
Jonson said he appreciated the efforts of Nancy Lohr and Progress Energy to repair
streetlights.
Jonson said downtown restaurants are busy and things are looking up downtown.
Jonson said the billboard at SR 580 and McMullen-Booth Road will be removed within 60
days.
Hamilton said he had kicked off the lawn-bowling tournament today and invited residents to
attend the facility" open house this weekend.
Hamilton thanked staff for removing thick vegetation from in front of the Marina.
Hamilton acknowledged the passing of former City Attorney Commissioner Hamilton Baskin.
Aunqst said he had attended the Beach Police Substation grand opening on 2/14/03.
Aunqst said on 2/14/03, he had presided over the renewal of vows by approximately 100
couples at Shepards.
Aunqst invited residents to attend Phillies Phanfest, a free event at Jack Russell Stadium on
2/21/03 from 5:30 to 8:00 p.m.
Aunqst said on 2/22/03, he will attend a welcome in honor of Mr. Sotos Zackheos at the
Pancyprian Association Dinner at the Sheraton Sand Key. Mr. Zackheos is Ambassador &
permanent representative of the Republic of Cyprus to the United Nations.
Aunqst invited residents to attend the presentation of the Beach Walk project at the
Harborview Center on 2/25/03 at 6:00 p.m.
Commission Action Agenda 2003-0220
02/20/03
4
Aunqst said he will be visiting Washington D.C. to speak with Congressmen Young and
Bilirakis and Senators Graham and Nelson re City issues,
Aunqst said the groundbreaking of Fire Station #49, located near the former Clearwater
Mall, is scheduled for 2/27/03 at 10:00 a.m.
Aunqst invited residents to root for their team and attend the Phil lies Opening Day at Jack
Russell Stadium on 2/28/03 at 1 :00 p.m.
Aunqst wished Betty Blunt of the City Manager's office a speedy recovery.
Aunqst announced the next Work Session is scheduled for 3/3/03 at 9:00 a.m.
ITEM #32 - Adiournment - 9:18 p.m.
Commission Action Agenda 2003-0220
02120/03
5
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Training
Spring Training Home of Amerial's Pastime Since1947
Meeting Date:
(l Lf) :~
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2-20-03
Clearwater City Commission
Agenda Cover '.r\-IemorandUln
Worksession Item =:
Final Agenda Item ::
SUH.JECT/RECOMMENDA TION:
APPROVE the Annexation. Land Use Plan Amendment from Commercial General (CG) to Residential/Office
General (R/OG). and Zoning Atlas Amendment from C-2, General Commercial (Collnty) to the O. Office
District for property located at 2316 Drew Street (consisting of Lots C and D. Rolling Heights, in Section 7.
Township 29 South, Range 16 East;) and PASS Ordinance No. 7076-03 to annex this property on first reading
and PASS Ordinance Nos. 7077-03 & 7078-03 to amend the Future Land Use Plan Map and Zoning Atlas for
this propel1y.
(ANX2002-11022 and LUZ2002-11 0 12)
[8J and that the appropriate officials be authorized to execute same.
SUMMARY:
The subject site is comprised of one parcel of lund, 0.83 acres in area. located at 2316 Drew Street, on the \vest
side of Anna Avenue, approximatcly 1.500 feet wcst of Belchcr Road. The annexation. land usc plan
amendment and rezoning is requested by the applicant. Drcw Park, LLC who intends to construct offices on this
site and incorporate this parcel with parcels to the cast as pm1 of a proposed office park development. The
annexation will cnable the applicant to reccive city watcr and sanitary sewer service. The required impact fees
will be paid at the timc building permits arc issued, us well as the cost to extend water and sewer service to the
property. Approval of this request would allow the developer to consolidate the entire Drew Park, LLC
holdings, totaling 3.97 acres, in the Residential/Office General (R/OG) future land usc plan category and the 0,
Office zoning district.
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 thcir level of
servIce.
. The proposed annexation is consistent with the City's Comprehensive Plan, the Countywide
Plan, the Community Development Code and Pinellas County and Florida La\\'.
.
The proposed annexation is contiguous to existing municipal
extension of the boundaries and docs not create an enclave.
Originating Dept.:
PLANNING DEPART
(Marc A. Mariano
User Dept.: ill A V
Planning (J4:ft
Attachments: ORDINANCES
NO. 7076.03, 7077-03, 7078-
03
STAFF REPORTS
boundaries, represents a logical
Reviewed by:
Legal V r -
,Xi( ,J.
N/A
N/A
N/A
Costs
Info Srvc
N/A
Total
Budget
Purchasing
Risk Mgmt
Public Works
Current FY
Funding Source:
CI
OP
DCMI ACM
. Other
Other
BAJl ~
o None
Appropriation Code:
ANX~O()~-llO~~ & LUZ~OO~-l JO I ~
~3 16 Drcw Strcct. Drew Park, LLC
Page :2
PI case refer to thc attached annexation (ANX2002-11022) rcport for the complete stafr analysis.
The Pinellas Planning Counci I (PPC) and Pinellas County have revicwcd the annexation or the subject
properties pursuant to the Pinellas County Chat1er amendment approved by rcferendum on Novcmbcr 7, 2000
and no objcctions were raised.
The applicant is requesting to amend the Future Land Use Plan Map designation for thc site rrolll Commercial
Gencral (CG) to Residential/Officc General (R/OG). Additionally, a zoning atlas amcndmcnt is requestcd to
rezone the site rromthe County's (C-2), General Commercial designation to thc City's (0). Office District.
Thc Planning Department determined that the proposed land use plan amendment and rezoning applications arc
consistent with the following standards spccificd in thc Community Dcvclopmcnt Code:
. Thc proposed land use plan amcndment and rczoning application arc consistent with the
Comprehensive Plan.
. The proposcd use is compatible with the sUlTounding area.
. Sufficient public facilities are available to servc the property.
. The applications will not have an adverse impact on the natural cnvironment.
Please refer to the attached land use plan and rezoning (LUZ2002-11012) report for the completc stall analysis.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to thc approval of the
Pinellas Planning Council and the Board of County Commissioners acting as the Countywide Planning
Authority. Based on the size of the plan amendment site. review and approval by the Florida Department of
Community Affairs is not required.
The Community Development Board reviewed these applications at its public hearing on January 21. 2003 and
unanimously recommended approval of both applications.
S:V'llIl/IlIlIg IJfrilrlll/fl/1\C [) 11\'\III1,'WII.>I"\'\SX . ~(I0:V\'vX2{)1I~-IIO~~ {Jr.'\\' I'.,rl. u.c ~J 16 lJrt'II' ,\t\CC I.IIZ~II(1~. I 1/112 <lilt! ",\'.\'~O(/2. I 1/122 23 If' I )n'II' SI,dol'
COB ~\'lecting Date:
Case Number:
Agenda Item:
January 21. 1003
ANX2002-11022
C-2
CITY OF CLEAR\V ATER
PLANNING DEI)ARTMENT
STAFF REPORT
BACKGROUND INFORMATION
O\VNER/APPLICANT:
Drew Park, LLC
REPRESENTATIVE:
Emerson Atkinson
LOCATION:
2316 Drew Streel, localed on the north side of Drew Slreet
and east side of Anna A venue, approximately 1,500 feet
easl of Belcher Road.
REQUEST:
To annex one property into the City of Clearwater at the
request of the property owner.
SITE INFORMATION
PI{OPERTY SIZE:
36,154 square feet or 0.83 acres
DIMENSIONS OF SITE:
180 feet wide by 200 feet deep m.o.1
I)ROPERTY USE:
Current Use:
Proposed Use:
V aeant bui Idi ng
Future office development
PLAN CATEGORY:
Current Category:
Proposed Category:
Commerciul General (CG)
. Residential/Office General (RlOG)
ZONING DISTRICT:
CUITent District:
Proposed District:
C-2, General Commercial (County)
0, Office (Pending Case LUZ 2002-11012)
Staff Report - Community De"e1opment Board - January 21. 2003 - Case ANX2002-11 022 Page I
EXISTING
SURROUNDING USES:
North:
South:
East:
West:
Single-family Residential
Single-family residential
Vacant and Office
Vehicle Service
A(\A LYSIS:
This annexation involvcs one (l) parceI of vacant building, located on the north side of Dre\\'
Street and cast side of Anna A venuc, approximately 1.500 feet east of Belcher Road. The
property is approximately 36.154 square feet or 0.83 acres in area. The property is contiguous
with the existing City boundHlies to the north. south, and east; therefore, the proposed annexation
is consistent with Florida Statutes with regard to voluntar\' annexation.
~ .
A companion application to change the Future Land Use Plan category of this site from
Commercial General (CO) to Residential/Office General (R/OG), and to rezone it from C-2.
General Commercial (County) to the 0, Office District is being processed conculTently with this
annexation request in LUZ200~-11O 12 (see agenda item C-3).
I. IMPACT ON CITY SERVICES:
'Vater and Sewer
The property is not currently served by city water and sanitary sewer service, The closest watcr
line is located in the Drew Street light-of-way. while the closest sewer line is located in a utility
easement to the cast of the property. The applicant is aware of the costs to extend service to this
site. as well as the applicable impact fees and utility deposits that must be paid at the time
building permits are issued.
Solid \Vaste
Collection of solid waste will be provided by the City of Clearwater. The City has an interlocal
agreemenl with Pinellas County to provide for the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the propel1y.
Police
The property is located within the East Police Disttict and service will be administered through
the District 3 Substation located at 285 I McMullen Booth Road and County Road 580. There
are currently 56 patrol officers and 7 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 Depm1ment has stated that it will be able to serve this property and the annexation will not
adversely affect police service and response time.
Fire and Emergency Medical Services
Fire and emergency medical services will be provided to the property by Station #48 located at
1700 N011h Belcher. The Fire Department will be able to serve this property and the annexation
will not adversely affect fire and EMS service and response time.
Staff Rc:pmt . Community Development Board - January 21. 2003 -- Case ANX2002- 11022
Page 2
In sumlllary. Ihl' prllpll\l'd illll1l'\lllllllI \\ illl1lll l1a\(' an ad\'crse effect on public facilities and their
le\'eI of ser\'ice,
II. COj\;SISTIo:~('r "TLU <'lD"ti ('()I\IPI~EIIENSIVE PLA;\:
The proposed al1l1l'\;11111II I'" ~'1I1l"1"1l'111 \\ 1111 pll1lll1111l1g the following goal and objectives of the
City of Clearwaler ('1I1111"1'1ll'1l"1\ I' l'lilll
~.l Objecti\'e . Till' Il'dl'\I'lllp"Il'1I1 III hlll'I1II'11. ...lIhsliIlH.lard, incfficient and/or obsolete arcas
shall be a high pl'lllllly 1I11d 1"11111111\'11 Ihlllllghlhl' Implemenlation of redevelopment and
special area plalls Ihl' ,'llll',lllIrllllllld l'IlIIlI~II~' priville projects. city investment, and
continucd <.'mphasl' 1111 p'llllt'rl' 111illl1ll'111111~',. .,Ialldards.
2.4 Objeclive - Cllllll'a~'1 \llh11l1 dl'\I'h'llIl1l'l1t \, IIhil1 I Ill' urhan service arca shall be promoted
through applil.'alillll 1111111' ('kill" IIll'l t '1lllll1ll11llty Ik",:lopment Code.
3.0 Goal - A suflkil'llt '''nl'ty 1I11" ,111\\\1111' III 11111111' land use categories shall be provided to
accomlllodate puhhl' dl'1IH111l1111ld pllllllllll' 1111111 dl'\'I'lllpl11cnl.
In summary. the proposed anlle\alllllll... ~'IlI\'I'II'III \\\th till' City's Comprehensive Plan.
III. CONSISTENCY OF DEVEI4( )PUI~rsT WITII ('( )l\'Il\IlINITY DEVELOPMENT
CODE AND CITY IU;(;(JI,ATIPNS:
The site is cUtTently zoned C-2. Gelleral ('lllllllll'll'llll 111 llll' l '\Iunly. The applicant proposes to
rezone the property to thc 0, Ol'l'kL' I>lslril'l. TIll' prllpllSl'd rezoning is being processed
conculTently with the annexatioll illld IS IlHlI'l' Illlll'llllghly allalyzl'd and discussed in the staff
report for LUZ2002-11012 (see agcnda item (".n,
IV. CONSISTENCY 'VITII TilE COUNTY\\'IUE IILAN:
A change is requested to thc Comprehensi\'e Plan catcgory of this sitc from Commercial General
(CG) to Residential/Office Gencral (R/OG) in LUZ:!OO:!-II 012 (see agenda item C-3). In
accordance with the Countywide Plan Rules, the land IISC plan amendment is subject to the
approval of the Pinellas Planning Council (PPC) and the BOllrd of County Commissioners acting
as the Countywide Planning Authority.
V. CONSISTENCY 'VITH I)INELLAS <.:OUNTY ANI) FLORIDA LAW:
Pursuant to Pinellas County Ordinance No. 00-63. the Pinellas Planning Council staff and
Pinellas County staff have reviewed this anncxation and determined it complies with the
ordinance ctiteria.
Florida Statutes require that a proposed annexation be both contiguous with the eXlstmg
municipal boundaries and compact in its concentration (Florida Statutcs Chapter 171). This site
Staff Rcport - Community Devclopmcnt Board - January ~ I. ~OOJ -. Ca~~' A~X2002.11022
Page 3
is contiguous with the existing City boundaries to the north, south and cast and represents a
logical extension of the existing boundaries. The compactness standard of Florida law requires
that the annexation docs not create an enclave or a serpentine pattern of municipal boundaries.
The annexation of these properties is consistent with this standard and no new enclave will be
created.
In summary. the annexation of this propcrty is consistent with Florida la\\'.
VI. CODE ENFOIH':EMENT ANALYSIS:
Therc arc no current code enforcement violations or any code cnforcement history on this site.
SUMMARY ANI) RECOMI\IENDATIONS:
The proposcd annexation can be served by City of Clearwatcr services. including water, sewer.
solid waste. police. fire and emergency medical services without any adverse effect on the service
level. The proposed annexation is consistcnt with both the City's Comprehcnsive Plan and is
consistent with Florida law regarding municipal annexation through its adjacency with existing
City boundaries and is compact in concentration.
Based on the above analysis, the Planning Department recommends the following action on the
requcst:
Recommend APPROV AL or the annexation of the property located at 2316 Drew Street.
Prepared by Planning Department Starf:
.M-A- k
---.
Marc A. Mmiano, Planner
A ttachmcnts:
Application
Aerial Photograph of Site and Vicinity
Location Map
Surrounding Uses Map
Proposed Annexation
Site Photographs
S:V'{wlllillg [)1'parlllll'IIf\C D If\t\J11Il'.mlirllls\.\NX. ~O()2\.\NX2(}()2.1 /022 /)/'/'II'/'orl.:. U.c 23}(j /)/'/'II'I('I,.\NX 2()()2-} J022 /)f('I\'l'orl.: U.C
,\I(~/T "'I'orl d(/('
Staff Rcport - Community Dc\'clopmcnt Board - January 21. 2003 - Case AN X2002-tt 022
Page 4
CDB Meeting Date: January 21,2003
Case Number: LUZ2002-11 012
Agenda Item No. C-3
CITY OF CLEAR'" A TER
PLANNING DEPARTl\IENT
STAFF REPORT
BACKGROUND INFORMATION
O\"NERJAPPLICANT:
Drew Park, LLC
REPRESENTATIVE:
Emerson Atkinson
LOCATION:
2316 Drew Street, located on the north side of Drew Street
and west side of Anna A venue, approximately 1,500 feet
west of Belcher Road.
REQUEST:
To amend the Comprehensive Plan's Future Land Use Map
from Commcrcial Gcneral (CG) to Residential/Office
General (RlOG), and
To rezone from the C-2, General Commercial (County)
District to the 0, Office District.
SITE INFORMATION
PROPERTY SIZE:
36,154 square feet or 0.83 acres
DIMENSIONS OF PROPERTY: 180 feet wide by 200 feet deep m.o.1.
PROPERTY USE:
CUITcnt Usc:
Proposcd Use:
Vacant building
Future office development
PLAN CATEGORY:
Cun'cnt Category:
Proposed Category:
Commcrcial General (CG)
Residential/OfficcGeneral (RlOG)
ZONING DISTRICT:
Currcnt District:
Proposed District:
C-2, General Commcrcial (County)
0, Office
SlaO" Report - COllllllunity Dc\'clopmcnll3oard - January 21. 2003 - Case LUZ2002-11O 12 Pagc 1
EXISTI~G
SLJRROUi'iDIi'iG USES:
:\orth: Singlc-t~lmily rcsidcntial
South: Singlc-family residcntial
East: Vacant and Office
\V cst: Vehicle salcs and scrvicc
:\:\':\I.\'SIS:
Introduction:
This Future Land Usc Plan amcndmcnt and rezoning :lpplication in\'olvcs onc parccl of land,
approximately n.S3 acres in area. occupicd by a vacant ,'chiclc salcs and scrvice lot. It has a
Futurc Land Usc Plan designation of Commcrcial Gcner:ll (CG) and a zoning classification of C-
2, General Commerci:ll (Collnty). Thc applicant is rcquesting to amcnd thc Futurc Land Usc
Plan designation to the Residcntial/Officc Gencral (R10G) classification and to rezonc it to thc
0, Officc District to dcvclop thc property in conjunction with thc applicant's adjacent parcels to
the cast. If approvcd, thc sitc will bc incorporatcd into thc proposcd Drcw Professional Park,
consisting of a total of tcn (l 0), onc-story office structures and accessory parking lots, with two
of the proposcd structures locatcd on the subjcct site. A companion application to annex thc
property into thc City of Clcarwater is being proccssed concurrcntly with this land usc plan and
rczoning amcndmcnt (Case# ANX2002-l 1022).
In accordancc with the Countywidc Plan Rules, thc land usc plan amcndmcnt is subjcct to thc
approval by the Pinellas Planning Council and Board of County Commissioncrs acting as thc
Countywidc Planning Authority. Bascd on thc sizc of thc plan amcndmcnt rcqucst, rcvicw and
approval by Florida Dcpartmcnt of Community Affairs is not rcquired.
I. CONSISTENCY 'VITII CITY'S COMPREHENSIVE PLAN
Applicable Goals. Objectivcs and Policics from thc Clcarwater Comprehensivc Plan in support
of the proposcd land lISC plan amcndmcnt arc as indicatcd below:
2.1 Objective - The rcdcvclopmcnt of blighted, subst:lndard, inefficicnt and/or obsoletc arcas
shall be a high priority and promoted through the implcmcntation of rcdevelopmcnt and
spccial arca plans the construction of catalytic privatc projccts, city invcstmcnt. and
continucd cmphasis on propcrty maintenancc standards.
3.0 Goal - A sufficient varicty and amount of futurc land usc catcgorics shall be providcd to
accommodatc public demand and promotc infill dc\'clopmcnt.
Thc proposed plan amcndment is not in conflict with any Clcarwatcr Comprchcnsivc Plan Goals,
Objcctives or Policics, and is consistent with thc Clearwater Comprehensivc Plan.
Stafr Rcport - Coml1llllllty Dc\'dopl1lcllt Board - Jalluary 21. 2003 - Case LUZ2002-11 0 12
Pagc 2
II. CO;\;SISTENCY \\'11'11 COV~1'Y'\'IDE PL:\~
Applicable regulations from the Countywide Plan are as follows:
1.3.3.7.3 Rcsidential/Oflice General (RlOG)
PUll10se - It is the purpose of this category to depict those areas of the County that are now
de\'cloped. or appropriate to be dc\'clopcd, in a office and/or medium density residcntialusc; and
to recognize such areas as primarily wcll-suited for mixed use of an office/residential character
consistent with the surrounding uses. transportation facilities and natural resource characteristics
o I' such areas,
Locational Characteristics: This catcgory is gcncrally appropriate to locations wherc it would
servc as a transition from an urban activity center or more intensive non-residential use to low
dcnsity residcntiill or public/scmi-public use; and in areas where the size and scalc of office and
residcntial use is appropriatc to free standing officc, medium density residential or a combination
thereof. These areas are typically in close proximity to and scrved by the arterial and major
thoroughfare highway network, as well as by mass transit. Primary uses appropriate to and
consistent with this category include Rcsidential and Oflice. The secondary uses include
Residcntial Equivalcnt; Institutional; Transportation/Utility; Public Educational Facility;
Personal SCr\'icciOffice Support; Ancillary Non-Rcsidcntial and Rccreation/Open Spacc
The proposed plan amcndmcnt is consistent with the PUlvose and locational characteristics of the
Countywide Plan.
III. COi\lPA 1'IBILITY \VITH SURROUNDING PROPERTY/ CHAR.\CTER OF TlIE
CITY & NEIGHBORHOOD [Section 4-602.F.2 & 4-603.F.3]
Drew Street, between Belcher Road and Old Coachman Road, is characterized by a variety of
uses including office, institutional, retail, residcntial and commcrcial land use designations.
Residential/Office General (RlOG) future land use is locatcd to the east of the site, while
Commercial Gcncral (CG) future land use is locatcd to the west of the site. Residential Low
(RL) dominatcs the land use to the north of the propel1y while Residential (RU) land use is
located to the south.
The existing surrounding uses include vehicle sales to the west. Single-family rcsidcntial
dwcllings arc located to the north and south, while vacant property and an office building arc
located to the cast. The proposed Future Land Use Plan designation and rezoning is in character
with the ovcrall FLUP designation along this block and is compatible with sun"ounding uses.
IV. SUFFICIENCY OF PUBLIC FACILITIES
As stated earlicr, the subject site is approximately 0.83 acres in area and is prcsently developcd
with a vacant vehicle sales structure. Based on a maximum pcnnitted floor area ratio (FAR) of
0.55 in the Commercial General (CG) category, a 19,884 square feet building could be
Staff Rl'I1ort - Community Dc\'elopmcnt Board - January 21. 2003 - Casc I.UZ2002.1 to 12
Pagc 3
constructed on this site. The allO\....able developmcnt potential in the Residential/Ornce General
(RJOG) category IS a FAR of 0.50 and could allo\\' an 18.077 square foot building to be
constructed on this site.
Rondways
The accepted methodology for rC\'IC\\'1I1g thc transportation impacts of proposed plan
amendmcnts is based on the Pincllas Planning Council's (PPC) traffic gcneration guidelines.
Thc ppes trallic generation rates havc bcen calculatcd for the subject site based on the cxisting
and proposed Future Land Use Plan categories and arc included in the ncxt table.
MAXIMVi\1 POTENTIAL TRAFFIC
Current I Existing I
Drcw Street: Betwcen Old Coachmen Rd & Belcher Rd Situation PIau'
Maximum Dail\' Added Potential Trips N/A i 385 :
:\laxiJ11uJ11 Pl\1 Peak Hour Added Potential Trips3 ?'\/A I 48 i
Volume of Dre\\' St fhml Old Coachmen Rd 10 Belcher Rd 28,492 I 28.S77 I
LOS of l\kmnrial C:lllsewav thml Drew Street to SR 60 A: A I
~:A = :o.:ot Apllhcahlc LOS = Le\'d-nf-Sernce
I = Ba,;cd on I'I'C cakulations of 4<>5 trips per acre per day I'm the Commercial (iencra\ Future Land l!se Catq;or:-
'Ill Inps per acre per day for the Residential ~lcdium Future I and l'~c Catq!\Iry, ~ = Clly Cakula\\l>11 of 11,5'!..
SlJurCl': "7'1". RIII.'.\" /lflh.. C/I/IIIf,\'II'id,' rulllr,'l.alld Ult. I'lall
Proposed
Pia 112
141
17
28.633
:\
Net New
TrillS
(-244 )
(-31 )
141
^
1 = Ba~ed Oil I'I'C calculallolls of
Source: "Tlte Ruft.s" o/tlte COUII(I'II'jJe FUluI'e Lalit! Use 1'/1111
The 200 I Transportation Lc\'cl of Servicc (LOS) manual from thc Pinellas COllnty Metropolitan
Planning Organization assigned the Drew Strcet segmC11\s from Old Coachman Road to Belcher
Road in the vicinity of this site a Icvcl of scrvice (LOS) A. Thc traffic generation for thc
proposed Residcntial/Office Gcneral (RlOG) catcgory IS Icss than thc cUn'ent Commercial
General (CG); thcrefore no negative impacts are anticipatcd to sUn'ollnding roadways.
Spcci fie uses in the current and proposed zoning districts have also been analyzcd for the amount
of vehicle trips that could be gencrated based on the Institute of Transportation Enginccr's
Ivtanual.
Stafr Report. Communil)' !)cn'!t)pl1ll'nt Boanl - January 21. 200:'\- Case LUZ2002.11 0 12
Page 4
TRAFFIC 1l\IPACTS BASED ON ITE l\IA~UAL STANDARDS
Daily Daily Net Net
Incrcasc of PM
SlI uare Tripsl Trips - Increase of
Uses Avcrage Peak
Footage Existing P.'oposed Daily Trips PM PC~lk
I Zoning Zon ing T.'ips
I I Tl'ills
; Existing Zoninl.:
I r-.leJical Clinic , , i I
19,5S.+ s. f. I 6"- N/A i 427 102 76
-) ; I I
01.15 Irilh 101111 sf I t , I I
, I I I
i Fast Food Restaurant 3000 s.f. I 1 ASS , N/A 1,290 64 38
I I
(.j l)(, , 12 UlJh p.:r 1 (\(l() s, f , (a\'Cra~e area) i I
- I I
Convenience Markct 3,200 s.f. I I
with Gasolinc Pumps 2,705 N/A I 2.507 200 174
la\wage area) i I
(~':5h() Il'1Ib 11':1' 111110 s,f I ! I
! Proposed Zoning
I Gcneral Oflicc 13uilJinll I , !
18.077 s.f. N/A I 198 , N/A 26 N/A
I ~ I i
, I
i (11.U1 Inps p.:r 101.10,,1) , I
I
j I I i I
Church 18,077 s. f. I N/A i 16.+ I (-34 ) I 25 (-I)
I i
(1).11 trips p.:r 1000 s,f.j I
1':\. l\ut :\ppli.:ahl.:
SOlin:.:: ITF hi'l (,,'/I<'1'll/ioll .lIoll/lIll. 6t" fd,. 19<)7
Bascu on the lTE Trip Gencration Manual. a cOl1\'cnicl1ce market with gasoline pumps, which is
only permitted in the proposed C, Commcrcial District. would rcsult in an incrcasc in traffic
gencration. As the proposcd usc that will occupy this site is a gcneral office building, traffic
nows arc anticipateJ to be at a much lowcr ratc. Duc to the location of this site, traffic will bc
distributeu directly to Drew Strcet by onc point-of-cntry. The transportation impacts associatcd
with the proposcd lanu usc plan amcndmcnt and rczoning will bc minimal and the LOS for Ore\\'
Strcet will not be dcgradcd.
l\lass Trallsit
Thc CitywiJc LOS for mass transit will not bc affcctcd by the proposed plan amcnumcnt. Thc
total milcs of fixcd route scrvice will not change; thc subject sitc is located along an cxisting
transit route anu headways are Icss than or equal to one hour. Pincllas Suncoast Transit
Authority (PST A) bus servicc is available along Drcw Street.
\" uter
Thc currcnt zoning district could dcmand approximately 1.988 gallons per day. Under thc
proposcd zoning district, watcr dcmand could approach approximatcly 1,807 gallons pCI' day. As
the proposcd land usc will pennit a lcss intensive class of dcvelopmcnt. thcrc will not be a
negative affcct on the City's currcnt LOS for watcr.
\"astcwutcr
The current zoning district could demand approximately 1.590 gallons of wastewater per day.
Under the proposcu zoning district, sewcr dcmand could approach approximately 1.446 gallons
St~lr RqHHt - COll1munity Dc\'\:lopl11cllI Board- January 21. 200J - C~sc LUZ2002-11 0 12
Page 5
per day. As the proposed land use will permit a less intensi\'e class of development, there will
not be a negative affect on the City's CUlTent LOS for wastewater.
Solid \\'astc
The cum.:nt zoning district could rcsult in 91 tons of solid waste pcr year provided thc site was
dcveloped to the maximulll with a commercial use. Under the proposed zoning district, 48 tons
of solid waste could be generated per year. As the proposed land use will penn it a less intensive
class of development. thcre will not be a negati\'e affect the City's current LOS solid waste
disposal.
Recrcation and Open Space
The proposed land use plan amendment and rezoning will not impact the LOS of recreational
acreage or facilities due to the non-rcsidentialland use cJassi lication.
V. 1i\IP:\CT O~ NATURAL Ei\VIRONi\IENT [Scction 4-G03.F.5.]
Prior to de\'elopment of the subject property, site plan approval will be required. At that time, the
storm\\'ater management system will be required to meet all City and Southwest Florida Water
ivlanagement District (SWFWMD) stonmvater management criteria. Water quantity and quality
will be controlled in compliance with the Clearwater Comprehensive Plan. The site is not
locatcd within an el1\'ironmentally sensitive arca.
In addition, a certi fied arborist has performed a tree survcy on the property to determine the
health and signilicance or the existing tree inventory. This survey will be used to assist in the
developmcnt or the site.
The proposed land use amendment will not have a negative impact on the natural environment.
VI. LOCATION OF DISTRICT BOUNDARIES [Section 4-G02 .F.G.]
The district boundaries arc appropriatcly drawn in regard to location and classifications of streets,
ownership lines and existing development amI improvemcnts. The location of the proposed
Office District boundaries are logical and consolidates this site into the appropriate zoning
district based on ownership by Drew Park, LLC. It will blend into the existing 0, Office District
to the cast and thc C. Commercial District to the west and will provide a logical buffer to the
residential uses to the north. Office, Commercial, Institutional and Low Medium Density
Residential zoning districts generally front on Drew Street between Belcher Road and Old
Coachmen Road.
VII. CONSISTENCY OF DEVELOPMENT \VITII COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS [Sections 2-1201.1. & 4-G02.F.1. and .2.]
The existing land use plan category and zoning district permit a Ooor area ratio (FAR) of 0.55
and an impervious surface ratio (lSR) of 0.90, The proposed RJOG land use category and 0
District permit a FAR 01'0.50 and ISR 01'0.75.
Sla 11' lh'pml - CllIllIllUIlII)' Deve lllplllCllt Board .- January 21. 2003 .. Case LUZ2002- t I () t 2
Page ()
Approval of this land use phll1 amendmcnt and zoning district designation docs not
guarantce thc right to dcvelop on the subject property. Transportation concurrency must be
mct. and the property owner will havc to comply with all laws and ordinances in effect at the
timc dc\'clopmcnt pCI111its are requested.
The proposed usc ofthcse propertics is consistcnt with the Officc zoning district regulations.
SUl\I:\IARY Al"D RECOl\Il\IENIlATIONS
An amcndmcnt of the Future Land Use Plan from Commercial General (CG) to
Residential/Office Gencral (R/OG) and a rezoning from C. Commercial, to the 0, Office District
for the subject site is requestcd to incorporate these properties into the proposed Drew
Profcssional Park. Thc subject site excecds the minimum requirements for the existing and
proposed use of the property as officc spacc. The neighborhood is SUITolll1ded by single-family
rcsidcntial dwcllings to thc north and south and vehicle service to the west and an office use to
the cast. Thc proposed land use amendmcnt and rezoning will be compatible with the existing
neighborhood and consolidate Drew Park, LLC's holdings and uses into the appropriate land use
category and zoning district.
The proposed Residential/Office General (R/OG) Future Land Use classification and 0, Office
zoning district is consistent with both the City and the Countywide Comprehensive Plans, is
compatible with the surrounding area, does not require nor 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 APPROV AL of the following actions on this application:
1. Amend the Future Land Use Plan designation of 2316 Drew Street from
Commercial General (CG) to Residential/Office General (R/OG); and
2.
Amend the Zoning District designation of 2316 Drcw Street
Commercial (County) to the 0, Officc District.
Af1JL
from C-2, General
Attachments
Application
Location Map
Aerial Photograph of Site and Vicinity
Land Use Plan Map
Zoning Map
Existing Surrounding Uses
Site Photographs
.\'.' i!'lall/lil/g lJL'f'arlll/CIIIIC /) /JIl.<Il1d Use A 1I/l'lIcill/l'l/lS\U l7. :OO:ll.liZ:OO:-11 II I : Orl'\\' I'ark I.U' :31 (, Drew SIII.UZ:O/J2-
11012231 tllJre\\' .'jl.SIII/Ulcl'lIrt.duc
StaIr Report - Community De\'elopment Board - January 21. 200} - Case Lli7.2002-11 () 12
Page 7
ORDINANCE NO. 7076-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF DREW STREET AND EAST SIDE OF ANNA
AVENUE, APPROXIMATELY 1,500 FEET EAST OF BELCHER
ROAD, CONSISTING OF LOTS C AND D, ROLLING HEIGHTS,
WHOSE POST OFFICE ADDRESS IS 2316 DREW 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
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the prope
City pursuant to Section 171.044, Florida Statutes, and the City has complied with al
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:
Lots C and D, Rolling Heights, according to the plat thereof recorded in Plat Book
43, Page 1, Public Records of Pinellas County, Florida
ANX2002-11022
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 Director are directed to include and show the property described
herein upon the official maps and records of the City,
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
tJlt.,,',v! OjJ~j
Leslie K. Dougall-Sides ( "
Assistant City Attorney "-)
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7076-03
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PROPOSED ANNEXATION
Owner: Drew Park. LLC Case: i ANX2002-11022
;
-- , ---
Site: 2316 Drew Street Property Size : 0.83
(Acres) :
.'~-- ,
Zoning Land Use PIN: : 07/29/16/76446/000/1060
--.
From: C-2/County CG --.------"
To: 0 R/OG Atlas Page: 281A
Exhibit A
Ordinance No. 7076-03
---
ORDINANCE NO. 7077-03
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 DREW STREET AND EAST SIDE OF
ANNA AVENUE, APPROXIMATELY 1,500 FEET EAST OF
BELCHER ROAD, CONSISTING OF LOTS C AND 0, ROLLING
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 2316 DREW
STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, TO RESIDENTIAUOFFICE GENERAL (R/OG);
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
Lots C and 0, Rolling Heights, according to the
plat thereof recorded in Plat Book 43, Page 1,
Public Records of Pinellas County, Florida
(LUZ2002-11012)
Land Use Cateqorv
To: Residential/Office General
(R/OG)
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. 7076-03, 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
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7077-03
RL DI
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FUTURE LAND USE MAP
Owner: , Drew Park, LLC
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Site: 2316 Drew Street
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Zoning Land Use
From C-2/Counly CG
To: 0 R/OG
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Case: , LUZ2002- 11 0 12
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Property Size 0.83
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PIN: 07/29/16/76446/000/1060
A 11 as Page: 281A
Ordinance NO. 7077-03
~
ORDINANCE NO. 7078-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN PROPERTY LOCATED ON THE NORTH SIDE OF
DREW STREET AND EAST SIDE OF ANNA AVENUE,
APPROXIMATELY 1,500 FEET EAST OF BELCHER ROAD,
CONSISTING OF LOTS C AND D, ROLLING HEIGHTS, WHOSE
POST OFFICE ADDRESS IS 2316 DREW STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS OFFICE
(0); 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 zoned, as
indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is amended
as follows:
Property
Lots C and D, ROiling Heights, according to the plat
thereof recorded in Plat Book 43, Page 1, Public
Records of Pinellas County, Florida
(LUZ2002-11012)
ZoninQ District
To: Office (0)
Section 2. The City Engineer 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 approval of Ordinance No. 7076-03
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7078-03
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ZONING MAP
Owner: Drew Park. LLC Case: LUZ2002-11 0 12
Site: 2316 Drew Street Property Size 0.83
(Acres) :
- - -
Zoning Land Use .
PIN: , 07/29/16/76446/000/1060
From: C-2/County CG -.------------------.----.-
To: 0 R/OG Atlas Page: 281A
Ordinnnce No. 7078-03
AERIAl. PHOTOGRAPH MAP
Owner. Drew Pari<, LLC Case: ANX2002-11022
Site: 2316 Drew Street Property Size 0.83
(Acres):
Zoning Land Use PIN: 07/29/16/76446/000/1060
From: C-2/County CG
To: 0 R/OG A tics Page: 281A
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EXISTING SURROUNDING USES
Owner: Drew Park, LLC
Case:
ANX2002-11022
Property Size
(Acres):
0.83
Site:
2316 Drew Street
Zoning
Land Use
PIN:
07/29/16/76446/000/1060
From:
To:
C-2/County
o
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CG
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Drew Park, LLC ANX2002-11022
2316 Drew Street
Final Agenda Item #
Meeting Date:
, '
(- LO Y
~
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
2 20 03
SlJ 11.1 ECT /RECOM M EN DATION:
APPROVE the Petition fllr Annexation. Land Use Plan Amendment from County Commercial General (CG).
Rcsidential!Ollke General (RJOG) and Preservation (P) to City Commercial General (CO). Residential/Onice
General (RJOG). and Preservation (P) and Zoning Atlas Amendmcnt from County AL Atjuatic Lands. C-3.
Wholesale. Warehousing & Industrial Support. M-2. tvlunufhcturing & Industry. P-I, Professional Olliccs to
City C. Commercial. O. Ol1ice. and P. Preservation for 1720 Overbrook Awnue (consisting of Lots 3 - 15.
Ste\'l?nson's Creek Subdivision and Metes and Bound 41'05 in Section 3. Township 29 South. Runge 15 East)
and PASS Ordinances #7079-03. #7080-03 & #7081-03 on Iirst reading.
(ANX2002-
11019)
(8J and that the appropriate officials be authorized to execute same,
SUMMARY:
This site is located at 1720 Overbrook Avenue. on the south side. between Douglas Avenue and North Betty Lane.
The subject propcrty is approximately I I. 98 acres in area and is occupied by vehicle service and salvage yard uses.
The City of Clearwater proposes to construct a new lire station, which will be known as Station #5 I, and either a
nature park or stormwater retention pond on this site f()llowing this annexation. The purpose of the annexation is to
have City facilities located within the municipal boundaries and to provide the properties with City water and sanitary
sewer service. The c10scst watcr and sewer lines are located in the Overbrook A venlle right-of-way and capacity is
availablc tllr these utilitics. Future Land Use Plan designations or Commcrcial Gencral (CG), Residcntial/Oflice
General (R/OG). and Preservation (P) are proposed for this property along with consistent zoning categories of C.
Commercial, 0, Oflice. and P. Preservation.
The Planning Departmcnt determined that the proposed annexation is consistent with the fllllowing standards specified
in the Community Development Code:
. The proposed annexation will not have an adverse impact on public facilities and their level of service.
Reviewed by: .
Legal ):/.-/
"
Budget N/A
Originating Dept:
PLANNING DEP \'1
Gina L. Cia ton II
Public N/A User Dept. 11,~ V
Wo~s _ L~
DCM/ACM /./ -?r--"pv'NNING DEPARTMENT
I{/
N/A
Costs
Info Srvc
N/A
Total
Funding Source:
Purchasing N/A
Current
FY
CI
Risk Mgmt N/A
Other
Attachments
ORDINANCES NOS, 7079-03,
7080-03. 7081-03
STAFF REPORT
OP
Other
Submitted by: i') 'If j J_
City Manager f"".>f).l ~
Printed on recycled paper
2/98
o None
A ro rlation Code:
Rev,
. The proposed annexation is consistent with the Cit:/s Comprehensive Plan. the Countywide Plan and the
Community Development Code.
.. The proposed annt:xation 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 COllncil (ppe) and Pinellas County stalls according to the
provisions of Pinellas County Ordinance No. 00-63. Section 7( 1-3). and no objections have been raised.
Please refer to the attached report tor the complete statl' analysis.
The Community Development Board reviewed these applications at its regularly scheduled meeting on January 21.
2003 and unanimously recommended approval with the condition that all new construction comply with the
requirements orthe Community Development Code.
COB Meeting Date:
Case Number:
Agenda Item:
Januarv 21, 2003
ANX2002-11 019
C-4
CITY OF CLEAR\VATER
PLANNING DEI) ARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
O\VNER/APPLICANT:
LOCATION:
REQUEST:
SITE INFORMATION
PROPERTY SIZE:
DIMENSION OF SITE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICT:
Current District:
Proposed District:
City of Clearwater
1720 Overbrook Avenue, located on the south side of Overbrook
A venue, between Douglas A venue and North Betty Lane.
To annex the property and abutting right-of-way into the City of
Clearwater at the request of the applicant and approve the
appropriate City land use plan category and zoning district.
521,848 square feet or 11.98 acres
1,500 feet wide by 650 feet deep m.o.1.
Vehicle services. salvage yard and open space
Future fire station and either a nature park or storm water retention
pond
Commercial General (CG), Residential/Office General (R/OG) and
Preservation (P) (County)
Commercial General (CG), Residential/Office General (RlOG),
and Preservation (P)
AL, Aquatic Lands, C-3, Wholesale, Warehousing & Industrial
Support, M-2, Manufacturing & Industry, P-l, Professional Offices
(County)
C, Commercial, 0, Office, and P, Preservation
Starr Rcport - Community Devclopmcnt Board - January 21 t 2003 - Case ANX:!002-11 0 19
Page 1
EXISTING
SURROUNDING USES:
North: Single-family residential
South: Single-family residential/open space
East: Single-family residential
West: Single-family residential/Stevenson's Creek
ANAL YSrs:
The subject property is approximately 11.98 acres in area and is located at 1720 Owrbrook
A venue, on the south side, between Douglas A venue and North Betty Lane. The City of
Clearwater is requesting this annexation in order to provide sanitary sewer and water service to
the site in order to support construction of a new City fire station and either a nature park or
stormwater retention pond. The abutting right-of-way along Overbrook A venue is also included
in this annexation request. Currently, a vehicle salvage yard, three vehicle service uses and open
space occupy the site. The property is contiguous with the existing City boundaries to the east
and south and will not create an enclave; therefore, the proposed annexation is consistent with
Florida Statutes with regard to voluntary annexation. It is proposed that the properties have a
Future Land Use Plan designation of Commercial General (CG). Residential/Office/General
(RlOG) and Preservation (P) and zoning categories of C, CommerciaL O. Office and P,
Preservation.
A. IMPACT ON CITY SERVICES:
Water and Sewer:
This property is not seryed by water or sanitary sewer service. These services will be provided
by the City of Clearwater and capacity for the project is available for these utilities. Sewer lines
are located in the eastern portion of the Overbrook A venue right-of-way and the southern
boundary of the subject property. The nearest water line is located in the Overbrook A venue
right-of-way. The City is aware of the costs associated with extending water and sewer service to
this property.
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 the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Pol ice:
The proposed annexation is located within Patrol District 2 in which there arc currently 65 patrol
officers and 9 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 645 Pierce Street. Community policing service will be provided through the City's
zone system and officers in the field. The Police Department will be able to serve this property
and the annexation will not adversely affect police service and response time.
Staff Report - Community Development Board - January 21. 2003 - Case ANX 2002- J 1019
Page 2
Fire and Emerl.!encv Medical Services:
A new fire station. which will be known as Station #51, will be located on the eastem portion of
this site. This new station will provide lire and emergency medical ser;ices for the proposed
park. which will be locatcd to the wcst of thc station. In the cvcnt fire and emergency mcdical
services are needed for the new fire station, service would be provided by Station #-l5 located at
1610 Franklin Street and Station #48 located at 1700 North Belcher Road. The Fire Department
will be able to serve this property and the annexation will not adversely affect lire and EMS
service and response time.
In summary, the proposed annexation will not have an adverse cffect on public facilities and their
level of service.
B. CONSISTENCY \VITH CITY'S COMPREHENSIVE PLAN:
The Pinellas County Comprehensive Plan and the Countywide Plan designatc the site as
Commercial General (CG), Residential/Office General (RlOG) and Preservation (P), with the
majority of the site designated CG. The annexation does not propose to changc these plan
categories and the proposed uses (City fire station and either a nature park or stormwater
retention pond) are consistent with the uses permitted by these categories.
Further, the annexation promotes infill development as stated in Goal 3.0 of the Clearwater
Future Land Use Plan, as well as the following:
3.1.1 Objective - Public institutions, such as hospitals, schools, parks. utility facilities and
govemment facilities. shall be provided sufficient land area to accommodate identified
public needs.
10.1.6 Policy - Future land uses which are incompatible with the protection of conservation of
wetlands and wetland functions shall be directed away from wetlands.
12.4 Objective - The City shall continue to manage all conservation areas located in the City
to prevent any unnatural disturbance or mistreatment from the developed urban
environment.
12.7.2 Objective - Interface and integrate the City's recreation and parks open space system with
emphasis on conservation and recreation open space land uses.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
Slafl' Report - Community Development Board - January 21,2003 - Case ANX 2002-11019
Page 3
C. CONSISTENCY OF DEVELOPMENT \VITH COMMUI\ITY DEVELOPMENT
CODE AND CITY REGULATIONS:
As stated earlier, the application for annexation involves an existing \'ehicle salvage yard. tlm~e
\'chicle service uses and open space. The property is 1.500 feet in width and 521.848 square feet
in lot area or 11.98 acres. The compatible zoning districts based on the existing and proposed
land use designations arc as follows: C Commercial. 0, Office and P. Preservation. The site
exceeds the lot area and lot width requirements of these zoning districts and the proposed fire
station and either a nature park or stormwater retention pond arc pennitted uses within these
districts.
D. CONSISTENCY \VITH THE COUNTY\VIDE PLAN:
There is no change requested in the Comprehensive Plan categories of the site. which will remain
Commercial General (CG). Residential/Office General (RlOG) and Preservation (P).
E. CONSISTENCY \VITH PINELLAS COUNTY AND FLORIDA LA \V:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staff have reviewed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its concentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the south and west 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.
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 AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services. including sanitary sewer.
water. solid waste. police, fire and emergency medical services without any adverse effect on the
service level. The City is aware of the costs of providing sewer and water service to this
property.
Stall' Report - Community Devclopmcnt Board - January 21. 2003 - Casc ANX 2002-1\ 0 19
Page 4
The proposed annexation is consistent with both 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 proposed uses arc also pennitted in the proposed zoning districts. Finally, the proposed
annexation is consistent with Florida law regarding municipal annexation through its adjacency
with existing City boundaries and is compact in concentration.
Based on the above analysis, the Planning Department recommends the following actions on the
request:
Recommend APPROVAL of the annexation of the propeny located at 1720 Overbrook A venue.
Recommend APPROVAL of thl: Commercial General (CG), Residential/Office General (RJOG)
and Preservation (P) categories pursuant to the City's Comprehensi\'e Plan.
Recommend APPROVAL of the C. Commercial, 0, Office and P, Preservation zoning districts
pursuant to the City's Community Development Code.
Prepared by Planning Department Staff:
Marc A. Mariano, Planner
Attac1m1ents:
Application
Location Map
Aerial Photograph of Site and Vicinity
Proposed Annexation
Future Land Use Map
Zoning Map.
Surrounding Uses Map
Site Photographs
S:\Planning Dcpanmcnt\C D B\Anncxations\ANX. 2002\ANXl002.11019 1720 (h'c:rbrook Avc CITY OF CLEARWATER\anx2002.11019
1720 O\'crbrook A \'c City of Clcarwater slafT rcport.doc
Staff Report - Community Development Board - January 21,2003 - Case ANX 2002-11019
Page 5
March 10, 1998 - Municipal Election
#1 - Employees' Pension Plan: Shall Clearwater Code of Ordinances, Division 3,
Employees' Pension Plan, Section 2.399(c), Powers and duties of trustees, be
amended as provided in Ordinance 6217-97 to revise the types and amounts of
investments and reinvestments of the assets of the pension fund?
Yes: 4,010
No:
1,643
#2 - lease of City Property to Head Start: Shall the City of Clearwater lease its
property which was designated Recreation/Open Space on the Comprehensive land
Use Plan Map on or after November 1, 1979, located at 701 North Missouri Avenue
to Head Start Child Development and Family Services, Inc., for an additional term of
not more than 30 years?
Yes: 4,667
No:
1,042
)
ORDINANCE NO. 7079-03
,
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF OVERBROOK AVENUE, BETWEEN DOUGLAS
AVENUE AND NORTH BETTY LANE, CONSISTING OF LOTS 3
THROUGH 15, STEVENSON'S CREEK SUBDIVISION AND
METES AND BOUNDS 43/05 IN SECTION 3, TOWNSHIP 29
SOUTH, RANGE 15 EAST, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF OVERBROOK AVENUE AND THE
ABUTTING RIGHT-OF-WAY OF PINELAND DRIVE. WHOSE
POST OFFICE ADDRESS IS 1720 OVERBROOK, 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 Clear\vater 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:
See attached legal description Exhibit "An
(ANX2002-11 019)
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 Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Aperoved as to form: _: ",
1't'4'~t 'j{ Jt{/(,(<((..
Leslie K. Dougall-Sides( )
Assistant City Attorney
Attest:
( . i.
"v. (
Cynthia E, Goudeau
City Clerk
Ordinance No. 7079-03
Exhibit "A"
Lots 3 through 15, inclusive, Stevenson's Creek Subdivision, according to the map or plat
thereof as recorded in Plat Book 21, Page(s) 83, Less and except the'follo\ving described' .
parcel conveyed to ~ity of Clearwater, Florida: .
From th~ South ,quarter qorner of Section 3, Township' 29 South~
Ronge 15 East, also being the Southwest, corner of stoven8on~s.
C~eek ~ubdivision n~ record~d in Plnt Book 2!,Page 83~ pub~ic
records of Pinellas County, Florid,l: .run N.D 53'53" West along
the Quarter Section line, also boil)'} the \'leat line of said .".
SUbdivision, n distance of 32fL87 feet to the P.O..B.: thence
North easter~y along a.'curve to the leLt, said. curve having a
. 0' .
radius of 5~3.DO, fee~, chord bearing No.9 14'08" East. chord.
length of l87;~6 feet; for an arc distance of'18~.39 feet:'
thence N. 0053' S3" West, a distance of 53.13 feet to the Northerly.
lin,o of Lot 3 of aforesaid' subdivisio~; thence S. ~7006 '56" Wes t
along 'the Norther,ly line of Lot ~ a distance 05 ,3~.. 91 'feet .to '!:h~.'
Northwesterly corner of snid Lot 3: thence S.9 5~'53" East along.
t:l)e West line of aforesaid Subdiviaion 217.15 feet to the P.O.B.
. . '.
Together with the abutting rights-af-way of Pinel and Drive.
Page 1 of 2
Exhibit "A"
LEGAL DESCRIPTION
., ,
That Part of the SW 1/4 of the SE ~/4 of Section 3, Township 29
S, Range 15 E,described as follows: Beginning in the West
boundary of the public thoroughfare known as "Betty Lane" at a
point which bears N 89036'07" W, 68.91 feet from the SE corner
of said SW 1/4 of SE ~/4; and running thence on the same
bearing, along the south boundary of said SW 1/4 of the SE ~/4,
694.24 feet; thence N 006'21" W,513.94 feet: to the Southwesterly
boundary of said thoroughfare known as "Betty Lane"; thence S 530
26'09 " E, along said boundary 838.9 feet to the beginning of a
curve in said thoroughfare boundary; the chord of which curve
bears S 47055'51" E from this point; thence foll.owing said curve
along the Betty Lane thoroughfare boundary, 28.62 feet to the
Point of Beginning.
Together with the abutting right-of-way of Overbrook Avenue
, .
"
"
i I
II
Page 2 of 2
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PROPOSED ANNEXATION
Owner:
City of Clearwater
Case:
ANX2002.11 019
Site:
1 720 Overbrook A venue
Properly Size
(Acres):
11 .98 - Property
2.12-R.O.W.
Zoning Land Use
.-.. ..-'~'_.'----~- --~ ----------- --------- --.----.-----.-----..---------.--
From M2, C3, PI. Al/County CG, R/OG. P
PIN:
03/29/15/00000/430/0500
03/29/15/85428/000/0300
To:
C,O,P
CG, R/OG. P
Atlas Page:
260B
Exhibit A
Ordinance No, 7079-03
ORDINANCE NO. 7080-03
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
SOUTH SIDE OF OVERBROOK AVENUE, BETWEEN DOUGLAS
AVENUE AND NORTH BETTY LANE, CONSISTING OF LOTS 3
THROUGH 15, STEVENSON'S CREEK SUBDIVISION AND
METES AND BOUNDS 43/05 IN SECTION 3, TOWNSHIP 29
SOUTH, RANGE 15 EAST, TOGETHER WITH THE ABUTTING
RIGHT-OF-WAY OF OVERBROOK AVENUE AND THE
ABUTTING RIGHT-OF-WAY OF PINELAND DRIVE, WHOSE
POST OFFICE ADDRESS IS 1720 OVERBROOK, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
COMMERCIAL GENERAL (CG), RESIDENTIAUOFFICE
GENERAL (R/OG), PRESERVATION (P); 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
See attached legal description Exhibit "A"
(ANX2002-11019)
Land Use CateQorv
Commercial General (CG)
Residential/Office General (R/OG)
Preservation (P)
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. 7079-03, 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 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
Ordinance No 7080-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7080-03
Exhibit IIA"
. Lots 3 through 1'5, inclusive;, Stevenson's Creek Subdivision, according to the map or plat
, thereof as recorded in Plat Book 21, Page(s) 83, Less and except the follo\ving dcsdribed '
parcel conveyed to <:;ity of Clearwater, Florida: . '
From th~ South ,quarter 'qorner of Sect '.ion 3, Township 29 South,
Range 15 East, also being the Southwest. corner of Stovensr.m', a
Creek Subdivision a~ recordad in Plat Rook 2i. ,Page 83', public
... , "0 "
records 'of Pinellas County. Florin.:,: .run N.O 53'53" West along
tile Quarter Section lin,e, also beil)'} the West line of said
Subdivision, ,a distance of 32:4~87 feet,to'the P.O..B_~ thence
North easterly along a,curve to the le~t, 'said, curve having a
. o. .
radius of 5;33~OO, fee~, chord bearing No.9 14'08" East, chord
, length of 187 ~,56 feet~ for an arc distance of '18~'. 39 feet:' ' ,
,thence N.OoS3'53" West, a distance of 53.13 feet to the Northerly,
line of LotJ of aforesaid subdivisio~i thence s .57006 156," West,
alo~g' 'the Norther,ly line of Lot ,3 a distance 0& ,3~'.. 91 'feet,to the
Northwesterly corner of said Lot 3: the~ce S.p S~'S3" East along
t~e' West line of aforesaid Subdivision 217.15 feet to the P.O.B.
Together with :the abutting rights-af-way of Pineland Drive.
Page 1 of 2
Exhibit "A"
LEGAL DESCRIPTION
. ,
That Part of the SW 1/4 of the SE 1/4 of Section 3, Township 29
S, Range 15 E,described as follows: Beginning in the West
boundary of the public thoroughfare known as "Betty Lane" at a
point which bears N 89036'07" W, 68.91 feet from the SE corner
of said SW 1/4 of SE 1/4; and running thence on the same
bearing, along the south boundary of said SW 1/4 of the SE 1/4,
694.24 feet; thence N 006'21" W,513.94 feet to the Southwester1y
boundary of said thoroughfare known as "Betty Lane"; thence S 530
26'09 " E, along said boundary 838.9 feet to the beginning of a
curve in said thoroughfare boundary; the chord of which curve
bears S 47055'51" E from this point; thence following said curve
along the Betty Lane thoroughfare boundary, 28.62 feet to the
Point of Beginning.
Together with the abutting right-of-way of Overbrook Avenue
"
, ,
II
,.
I I
Page 2 of 2
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FUTURE LAND USE MAP
Owner:
City of Clearwater
Case:
ANX2002- 1 ;:J 19
Site:
1 720 Overbrook A venue
Property Size
(Acres):
11.98 - Properly
2.12 - R.O.'.',',
Zoning
Land Use
PIN:
03/29/15/0:,JOO/430/0500
03/29/15/3: -:28/000/0300
From '.....2. C3. PI. AL/County
CG, R/OG. P
To:
C,O.P
CG. R/OG. P
^ lias Page:
260B
Ordinance No. ~080-03
,
ORDINANCE NO. 7081-03
T
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE SOUTH SIDE
OF OVERBROOK AVENUE, BETWEEN DOUGLAS AVENUE
AND NORTH BETTY LANE, CONSISTING OF LOTS 3 THROUGH
15, STEVENSON'S CREEK SUBDIVISION AND METES AND
BOUNDS 43/05 IN SECTION 3, TOWNSHIP 29 SOUTH, RANGE
15 EAST. TOGETHER WITH THE ABUTTING RIGHT-OF-WAY
OF OVERBROOK AVENUE AND THE ABUTTING RIGHT-OF-
WAY OF PINELAND DRIVE, WHOSE POST OFFICE ADDRESS
IS 1720 OVERBROOK, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL (C), OFFICE (0), AND
PRESERVATION (P); 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 fol/owing described property located in Pinel/as County, Florida. is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
See attached legal description Exhibit "A"
(ANX2002-11019)
Zoninq District
Commercial (CL Office (0) and
Preservation (P)
Section 2. The City Engineer 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. 7079-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor-Commissioner
Approved as to form:
Attest:
/ j----"
, '" ' .
, '
I .~.). ,. '; .
,VI' ,.f ( \: :_l...,. '('/i (l ( ,.\:(.
Leslie K. Douga(I-Side;S )
Assistant City Attorne{
Cynthia E. Goudeau
City Clerk
Ordinance No, 7081,03
,
,
Exhibit "A"
Lots 3 through 15, inclusive;, Stevenson's Creek Subdivision, according to the map or plat
thereof as recorded in Plat Book 21, Page(s) 83, Less and except the follo'wing described ..
parcel conveyed to c;ity of Clearwater, Florida: .
From th~ South .quarter ~orner of Section 3, Township. 29 South,
Range 15 East, also being the Southwest. corner of Stovenson', D
Creek ~ubdivision ~9 recordod in Plat Aook 21, Page 83~ public
. . 0
records of Pinellas County, Florirli:l: .run N.D 53 '53" West along
tile Quarter Section line, also b~i))t.i the Weat line of said
subdivision, a distance of 32~.B7, feet to the P.q.B_: thence
North easterly along a. curve to the leit, said, curve having a
radius ~f S~3~OO, feet, chord be~ring'No_90l4'08" East, chord.
length of 187;56 fee~; for an arc distance of.l8~~39 feet: '
. thence N.Oo53'53" West, a distance of 53.13 feet to the Northerly
lin~ of Lot 3 of afores~id SubdiviBio~; thence S.~7006t56" West
along 'the Norther~y line of Lot 3 a distance 05 3~:91'feet .to thQ
Northwesterly corner of said Lot 3: thence S.9 5~'53" East along
t~e West line of aforesaid Subdivision 217.15 feet to the P.D.B.
Together with .the abutting rights-of-way of Pineland Drive.
Page 1 of 2
r
Exhibit "A"
LEGAL DESCRIPTION
That Part of the SW 1/4 of the SE 1/4 of Section 3, Township 29
S, Range 15 E,described as follows: Beginning in the West
boundary of the public thoroughfare known as "Betty Lane" at a
point which bears N 89036'07" W, 68.91 feet from the SE corner
of said SW 1/4 of SE 1/4; and running thence on the same
bearing, along the south boundary of said SW 1/4 of the SE 1/4,
694.24 feet; thence N 006'21" W,513.94 feet to the Southwesterly
boundary of said thoroughfare known as "Betty Lane"; thence S 530
26'09 " E, along s aid boundary 838.9 fee t to the beginning of a
curve in said thoroughfare boundary; the chord of which curve
bears S 47055'51" E from this point; thence following said curve
along the Betty Lane thoroughfare boundary, 28.62 feet to the
Point of Beginning.
Together with the abutting right-of-way of Overbrook Avenue
I I
I'
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Page 2 of 2
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Owner: City of Clearwater
Site:
1720 Overbrook Avenue
Zoning
From: M2. C3. PI. AL/County
To:
c. O.P
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PIN:
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ANX2002-11 0 19
11.98 - Properly
2.12- R.O.W.
03/29/15/00000/430/0500
03/29/15/85428/000/0300
CG. R/OG. P
Atlas Page: 260B
Ordinance No. 7081-03
COLOR AERIAl. PHOTOGRAPH
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ZONING MAP
Owner: City of Clearwater
Case:
ANX2002-11 019
Site:
1 720 Overbrook A venue
Property 11.98 - Property
Size (Acres): 2.12-R.O.W.
Zoning
land Use
PIN:
03/29/15/00000/430/0500
03/29/15/85428/000/0300
From:
M2, C3. PI. Al/County
CG. R/OG, P
To:
C,O.P
CG, R/OG; P
Atlas Page: 260B
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Case:
ANX2002-11019
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City of Clearwater
1720 Overbrook Avenue
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City of Clearwater ANX2002-II019
1720 Overbrook Avenue
Clearwater City
COl1unission
Agenda Cover
Me1110randuln
Work session Item #:
_rLO ':)
C1
Final Agenda Item #
Meeting Dote:
2-?O-03
SUBJECT/I{ECOMMENDATION:
APPROVE the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RL) and Zoning Atlas Amendment from County A-E, Agricultural Estate Residential to
the City LDR, Low Density Residential District for 3311 661h Street (consisting of Metes and Bounds 33/03 in
Section 17, Township 28 South, Range 16 East) and PASS Ordinances #7082-03. #7083-03 & #7084-03 on
first reading. (ANX200~-11 020)
[8J and that the appropriote officials be authorized to execute some.
SUMMARY:
This site is located at 3311 66th Street, on the east side of 66th Street. approximately 2,800 feet south of Curlew
Road, 700 west of Northridge Dr. and 1,200 northwest of Countryside Boulevard. The subject property is
approximately 1.88 acres in area and is currently vacant. The applicant proposes to construct single family dwellings
on this site following this annexation. The purpose of the annexation is to enable the applicant to receive City water,
sanitary sewer and solid waste service. The closest water and sewer lines arc located in the adjacent, Velventos Drive
right-of-way and the capacity for the project is available for these utilities. The applicant will pay the required impact
fees at the time building permits are issued, as well as the cost to extend water and sewer service to the property. A
Future Land Use Plan designation of Residential Low (RL) is proposed along with a zoning category of Low Density
Residential (LOR).
The Planning Department detennined 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.
Originating Dept:
PLANNING DEPART
Marc A. Mariano
User Dept.
i
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Costs
Reviewed by:
Legol U' Into 5rvc N/A
. ~ ~J-
Budget N/A Public N/A
Works
Purchosin N/A
g
Risk Mgrnt N/A Other
Total
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PLANNING DEPARTMENT
Funding Source:
Current
FY
CI
Attachments
ORDINANCES NOS. 7082-03.
7083-03. 7084-03
5T AFF REPORT
OP
Other
Submitted by: "D," JA . _
City Manager r;)AAA ~
Printed on recycled paper
2/98
o None
A ro rlation Code:
Rev.
ANX:!002-II020
3311 66" Street, George E. Pappas
Page :2
. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension of the
boundaries and docs not create an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to
the provisions of Pinellas County Ordinance No. 00-63, Section 7( 1-3), and no objections havc been raised.
Thc Planning Department detennined that the proposed land use plan amendment and rezoning applications are
consistent with the following standards specified in the Community Development Code:
. The proposed land llse plan amendment and rezoning application arc consistent 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.
Please refer to the attached report for the complete staff analysis.
The Community Development Board reviewed these applications at its regularly scheduled meeting on January 21,
2003 and unanimously recommended approval.
S:V'/al/llillg /J,'l'tlfll/ll'll^C /) /f'v\/II/CXtlli/J/I.lV\NX . 200Z\t\NX2002.//020 Gt'orgl' E. I'tlPPtl.~ 33/1 66th JMX A NX2002 //020 G,'org" Pappa.\" 33/1 66,h Srrt't,t,dor
COB Mccting Date:
Case Number:
Agenda Itcm:
'-
Januarv 21. 2003
ANX 2002-11020
C-5
CITY OF CLEAR\VATEI{
PLAl'NING DEPARTMEl\;T
STAFF REPORT
BACKGROUND INFORMATION:
O\\'NER:
George E. Pappas
APPLICANT:
Anthony Ciccotti
LOCATION:
3311 66th Street, the cast side of 66th Street, approximately 2,800
feet south of Curlew Road, 700 west of NOllhridge Dr. and 1,200
nOlthwest of Countryside Boulevard.
REQUEST:
To annex the propelly into the City of Clearwater at the request of
the property owners and approve the appropriate City land use plan
category and zoning district.
SITE INFORMATION
PROPERTY SIZE:
81,892 square feet or 1.88 acres
DIMENSION OF SITE:
278 feet wide by 295 feet deep m.o.\.
PROPERTY USE:
Current Use:
Proposed Use:
Single-family residential dwelling
Future single-family residential subdivision
PLAN CATEGORY:
Current Category:
Proposed Category:
Residential Low (RL) (County)
Residential Low (RL)
ZONING DISTRICT:
Current District:
Proposed District:
A-E, Agricultural Estate Residential District (County)
LDR, Low Density Residential District
Staff Report - Community Development Board - January 21. 2003 - Case .-\NX 2002.11020
Page 1
EXISTING
SURROUI\DING USES:
North:
South:
East:
West:
Single-family residential
Uti Ii ty/ln frastruct ure
Single-rami Iy residential
Single-fami Iy residential
ANALYSIS:
The subject property is approximatcly 1.88 acrcs in area and is located at 3311 661h Street. on the
cast sidc, approximately 2.800 rect south of Curlew Road. 700 wcst of Nonhridge Dri\'c and
1.200 northwest of Countryside Boulevard. The applicant is requcsting this annexation in order
to receive City sewer and watcr service to de\'clop thc property as a single-f;lmily residential
subdivision. A single-family dwelling cUtTently occupies this site. The propCI1)' is contiguolls
with the existing City boundaries to the north. sOllth and cast; thereforc, the proposed annexation
is consistent with FIOIida Statutes with regard to voluntary annexation. It is proposed that the
property have a Future Land Use Plan designation of Residential Low (RL) and <I zoning
category of LOR, Low Density Residential.
A, IMPACT ON CITY SERVICES:
Water and Sewer:
The propeny is currently not servcd by watcr or sanitary scwer service. Both of these serviccs
will be provided by the City of Clcarwater and capacity for the project is available for thesc
utilities. The closest sewer and water lines are located in the Velvcntos Drivc right-or-way. The
applicant is aware of the impact and assessment fees for sewer and water servi('e. as well as the
cost to extend sewer and water services to the subject site.
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 the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the propcrty.
Policc:
The proposed annexation is located within Patrol Disttict 3 in which there are cunently 56 patrol
officers and 7 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 2851 North McMullen Booth Road. Community policing service will be provided
through the City's zone system and officers in the fjeld. The Police Depm1ment will he able to
serve this propeny and the annexation will not adversely affect police service and response time.
Fire and Emereency Medical Services:
Fire and emergency medical services will be provided to these propel1ies by St3tion #50 located
at 2681 Countryside Boulevard. The Fire Department will be able to serve these properties and
the annexntion will not adversely affect fire and EMS service and response time.
Report - Community De"clopment B\'ard - January 21. 2003 - Casc ANX 2002-11020
Page 2
In summary. the proposed annexation will not have an adverse effect on public facilities and their
level of service.
B, CO~SISTENCY \\'ITH CITY'S COMPREHENSIVE PLAN:
The Pinel\as County Comprehensivc Plan and the Countywide Plan dcsignate the site as
Residential Lo\\' (RL). The annexation docs not propose to change the Residential Low (RL)
plan category and the proposed use is consistent with the uses and density of this plan category,
Further. the annexation promotes infill dcvelopment as stated in the following Clearwater Future
Land Use Plan objective:
2.4 Objective - Compact urban development within the urban service area shall be promoted
through application of the Clearwater Community Development Code.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT \\'11''' COMMUNITY DEVELOPMENT
CODE AND CITY IU~GULATIONS:
As stated earlier, the application for annexation invoh'es an existing single-fami Iy home. The
propel1y is 278 feet in width and 81,892 square feet in lot area. The appropriate zoning district
based on the location and character of thc propcrty is the LOR, Low Density Residential District.
Thc site cxceeds the minimum lot width and lot area rcquircments for a residential standard
dcvclopmcnt in the LOR zoning district.
D. CONSISTENCY \VITI-I THE COUNTY\VIDE PLAN:
There is no changc rcqucstcd in thc Comprehcnsive Plan category of the site, which wi II remain
Residential Low (RL) with a maximum dcnsity of five (5.0) units per acre for the Residential
Low plan catcgory.
E. CONSISTENCY \VITI-I PINELLAS COUNTY ANn FLOI~I1)A LA \V:
Pursuant to Pinellas County Ordinancc No. 00-63, the Pinellas Planning Council and County
staff havc revicwed this annexation and determined it complies with the ordinance criteria.
Florida Statutes require that a proposed annexation be both contiguous with the existing
municipal boundaries and compact in its coJlcentration (Florida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the north, south and cast and represents a
logical extensioJl of the e.'\isting boundarics. The compactness standard of Florida law requires
that the annexation docs 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.
Report - COl11munity De\'c1\lpl11cnl Board - January 21. 2003 -- Case ANX ~OO~-11 020
Page 3
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 codc cnforccmcnt history on this site.
SUMMARY AND RECOM1\IENDATIONS:
The proposed annexation can be serveu by City of Clearwater services, including sanitary sewer.
water, solid waste, police, fire and emergency medical services without any adverse effect on the
service level. The applicant is aware of the costs associated with extending City sewer and water
service to the subject site.
The proposed annexation and existing use arc consistent with both the City's Comprehensive
Plan and the Pinellas Planning Council's Countywide Plan with regard to both the Future Land
Use Map as well as goals and policies. The proposed use of this site as a single-family
residential subdivision is consistent with the LDR zoning district. Finally, the proposed
annexation is consistent with Florida law regarding municipal annexation through its adjacency
with existing City boundaries and is compact in concentration.
Based on the above analysis. the Planning Department recommends the following actions on the
request:
Recommend APPRO V AL of the annexation of the property located at 33 I I 661h Strect.
Recommend APPROVAL of the Residential Low (RL) category pursuant to the City's
Comprehcnsivc Plan.
Recommcnd APPROVAL of the LDR, Low Density Residcntial zoning district pursuant to thc
City's Community Devclopment Code.
Prepared by Planning Department Staff:
1IiJL
Marc A. Mm;ano, Planner
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\l'lanning D~partmcnl\C D Il\Anne:\ations\ANX - 2002\ANX2002-11 020 George E. Pappas 3311 ('6th st\ANX 2002, II 020 (Jcmgc Pappas
3 J I Vl'II'l'nlos staff rcpllrl.dncSlaff
Report - COl11mUnily Dc\'clnprncnl Board - January 2t. 2003 - Case A;-':X 2oo2-tl 020
Page .1
.----'
ORDINANCE NO. 7082-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF 66TH STREET, APPROXIMATELY 2,800 FEET
SOUTH OF CURLEW ROAD AND 700 FEET WEST OF
NORTHRIDGE DRIVE, CONSISTING OF METES AND BOUNDS
33103, WHOSE POST OFFICE ADDRESS IS 3311 66TH 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
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:
See attached legal description
(ANX2002-11020)
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 Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption. and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7082-D3
Legal Description for ANX2002-11 020
That part of the south 1h of the southwest X of the southwest X of the southwest ~ of Section 17,
Township 28 South, Range 16 East, Pinellas County, Florida, less the south 15 feet thereof; being
more particularly described as follows: from the southwest corner of Section 17, Township 28
South, Range 16 East, Pinellas County, Florida as a point of reference run; thence N 0024'40"W,
along the west line of said Section 17,55.00 feet to the point of beginning; thence continue N
0024'40"W, 278.80 feet; thence S 89054'24"E, 294.92 feet along the 5-acre line; thence S
0024'40"E, 278.76 feet; thence N 89054'54"W, 294.92 feet to the point of beginning.
Ordinance No. 7082-03
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PROPOSED ANNEXATION
Owner: George E. Pappas Case: ANX2002-11020
___. __ ~___'~__'_'.~____'__'__'___h.__"____ _ __._ '__~".'__._______'______ _. .---
Site: 3311 66t1'street Property 1.88
----------_._~--_._._---_._--- -~.-.__._-_._.- Size {Acr~j}: ----
Zoning land Use PIN: 17/28/16/00000/330/0300
--_.- ~-----~-- --.-------------- .." --- - ----.--.--.-.---..-..... .-.-. -.--.--- --.------
From: AE/County Rl _.
To: lOR RL Atlas Page: 178A
ORDINANCE NO. 7083-03
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 66TH STREET, APPROXIMATELY 2,800 FEET
SOUTH OF CURLEW ROAD AND 700 FEET WEST OF
NORTHRIDGE DRIVE, CONSISTING OF METES AND BOUNDS
33/03, WHOSE POST OFFICE ADDRESS IS 3311 66TH STREET,
UPON ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW (RL); 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
See attached legal description
(ANX2002-11020)
Land Use_CateQorv
Residential Low (RL)
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. 7082-03, 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 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7083-03
Legal Description for ANX2002-11020
That part of the south % of the southwest X of the southwest X of
the southwest X of Section 17, Township 28 South, Range 16 East,
Pinellas County, Florida, less the south 15 feet thereof; being more
particularly described as follows: from the southwest corner of
Section 17, Township 28 South, Range 16 East, Pinellas County,
Florida as a point of reference run; thence N 0024'40"W, along the
west line of said Section 17,55.00 feet to the point of beginning;
thence continue N 0024'40"W, 278.80 feet; thence S 89054'24"E,
294.92 feet along the 5-acre line; thence S Q024'40"E, 278.76 feet;
thence N 89054'54"W, 294.92 feet to the point of beginning.
Ordinance No. 7083-03
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FUTURE LAND USE PLAN MAP
Owner: George E. Pappas Case: ANX2002-11020
-_.._-_._---_._~-.~ _.__.'''-~''. .- ---..--.---.-.,-. - --.-----. ~.._-_.-. - -.".. . _. ---~._---------
Site: 3311 66th street Property 1.88
Size (Acres):
------ - ---------. ~.p._~..._-_._-..-.__._-_._- -~_._----_.-.._-.----,---~-,._-----'._---
Zoning land Use PIN: 17/28/16/00000/330/0300
---- _________~_.____.~__.__.~_,________o
From: AE/County RL -------~----~,-~ ".--.-- ", ._- _..._--.. . _. . _n.. ..__._,,_.__. ~... __ __ __~_'"_
To: LOR RL Atlas Page: 178A
ORDINANCE NO. 7084-03
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
66TH STREET, APPROXIMATELY 2,800 FEET SOUTH OF
CURLEW ROAD AND 700 FEET WEST OF NORTHRIDGE
DRIVE, CONSISTING OF METES AND BOUNDS 33/03, WHOSE
POST OFFICE ADDRESS IS 3311 66TH STREET, UPON
ANNEXATION INTO THE CITY OF CLEARWATER. AS LOW
DENSITY RESIDENTIAL (LOR); 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
See attached legal description
(ANX2002-11020)
Zoninq District
Low Density Residential (LOR)
Section 2. The City Engineer 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. 7082-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
L.l..' 'J/
Leslie K. Dougall-Sid s
Assistant City Attorne
Ordinance No 7084-03
Legal Description for ANX2002-11020
That part of the south 1f2 of the southwest 'X of the southwest Y-t of the southwest Y-t of Section 17,
Township 28 South, Range 16 East, Pinellas County, Florida, less the south 15 feet thereof; being
more particularly described as follows: from the southwest corner of Section 17 , Township 28
South, Range 16 East, Pinellas County, Florida as a point of reference run; thence N 0024'40"W,
along the west line of said Section 17, 55.00 feet to the point of beginning; thence continue N
0024'40"W, 278.80 feet; thence S 89054'24"E, 294.92 feet along the 5-acre line; thence S
0024'40"E, 278.76 feet; thence N 89054'54"W, 294.92 feet to the point of beginning.
Ordinance No. 7084-03
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ZONING MAP
Owner: George E. Pappas Case: ANX2002-11020
............-----~------~----~---_._._-_._~-~---_.__.-..~ --_.~~-_. ._~.- ---~~ '-.. _u'_ _....._ .- ~- - -- ., " - .n",._ . " ..~. _~____ _<h ~~ ___~_
Site: 3311 661h street Property 1.88
Size (Acres):
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Zoning Land Use PIN: 17/28/16/00000/330/0300
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From: AE/County RL ----- '-'.,-.'-'''.--- - '" - <-. -..-....- ~_. - .- . ~_._~-.._-- '--"'-~----'~
To: LOR RL A tlas Page: 178A
COLOR AERIAl.
Owner. George E. Pappas Case: ANX2002-11020
Site: 3311 66th Street Property 1.88
Size (Acres):
Zoning Land Use PIN: 17/28/16/??oo0/330/0300
From: AE/County RL
To: LDR RL Atlas Page: 178A
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EXISTING SURROUNDING USES
Owner: George E. Pappas
Site:
3311 661h Street
Zoning
Land Use
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AE/County
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ANX2002-11020
, Property 1 .88
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Alias Page: 178A
View looking south
View looking east
Site view to the south
View looking north
j' :.':
- -' ;',
View looking west
Site view to the north
George E. Pappas ANX2002-11020
3311 66th Street
ITEM # I 0
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #: ~) L \) l,
Final Agenda Item # 1 [I
Meeting Date:
0'- 'O-O~
SUB,JECT /RECOMMENDATION:
APPROVE the Petition for Annexation. Land Use Plan Amendment from County Commercial General (CG)
to City Commercial General (CG) and Zoning Atlas Amendmcnt fwm County R-of. One. Two and Three
Family Residential District. to City C. Commercial District for 1231 Lincoln A vcnue (Lot 36. Oakland Heights
in Section 22. Township 29 South and Range 15 East): and PASS Ordinances #7085-03. #7086-03 & #7087-
03 on tirst reading.
(ANX 2002-11021 )
~ and that the appropriate officials be authorized to execute same,
SUMMARY:
This site is located at 1231 Lincoln A venuc. which is approximately 360 feet south of Jcffords Street and 650 feet cast
of Missouri A venue. The subjcct property is approximately 0.15 acres in area and is currently occupied by an
unimproved surface parking lot. The purpose of the anncxation is to enable the applicant to use this property to satisfy
the parking requirements for the commercial use located to the north and south. A Future Land Use Plan designation
of Commercial General (CG) is proposed along with a zoning category of C. Commercial.
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 thc City's Comprehensive Plan, the Countywide Plan and the
Community Developmcnt Code.
. The proposed annexation is contiguous to existing municipal boundaries. represents a logical cxtension of the
boundaries and docs not crcate an enclave.
This annexation has been reviewed by the Pinellas Planning Council (PPC) and Pinellas County staffs according to
the provisions of Pinellas County Ordinance No. 00-63, Section 7( 1-3). and no objections have been raised.
Budget
.
I / j
;, I. .
'N/A
Info Srvc
N/A
Costs
Reviewed by:
Legal
Total
Purchasing N/A
Public
Works
DCM/ACM
N/A
Funding Source:
PLANNING DEPARTMENT
Current
FY
Cl
Risk Mgmt
N/A
Other
N/A
Attachments
ORDINANCES NO. 7085-03.
7086-03 & 7087-03
STAFF REPORT
OP
Other
Submitted by: "0'.' J J _ _
City Manager r;)(,M ~
Printed on recycled paper
2/98
o None
A ro riation Code:
Rev.
The Planning Department detennined that the proposed land use plan amendment and rezoning applications are
consistent with the following standards specified in the Community Developmcnt Code:
· The proposed land usc plan amendment and rezoning application arc consistcnt with the Comprehensive Plan.
. The potential range of uses and the specific proposed use are compatible with thc surrounding area.
. Sufficient public facilities are available to serve the property.
. The applications will not have an adverse impact on the natural environment.
Pleasc refer to the attached report for the complete staff analysis.
Thc Community Developmcnt Board reviewed this proposed annexation at its regularly scheduled meeting on January
21, 2003 and unanimously recommended approval.
S:\Planning Departl11cnl\C D I3\Anncxations\ANX . 2002\ANX2002.11 021 Ana Ramirez Diaz Lincoln A vc\CC ANX2002 -11021- 2
'.inrnln ^ v(' dn(~
COB ivlccling Date:
Case Number:
Agenda Itcm :
J anuarv 21. 2003
ANX 2002-11021
C-6
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
O\VNER:
Ana Ramirez Diaz
APPLICANT:
ChIistopher R. Howell
LOCATION:
1231 South Lincoln Avenuc, approximately 360 feet south of
Jeffords Strcet and 650 feet cast of Missouri A venue.
REQUEST:
To annex the property into the City of Clearwatcr at the requcst of
the property owner and approve the appropriate City land use plan
category and zoning district.
SITE INFORMATION
I)ROPERTY SIZE:
6,850 square feet or 0.15 acres
IlIMENSION OF SITE:
50 feet wide by 137 feet deep m.o.1.
PROPERTY USE:
Current Use:
Proposed Use:
Unimproved parking lot
Parking lot to support applicant's adjacent commercial use lo the
north and south.
I)LAN CATEGORY:
Current Category:
Proposed Category:
Commercial General (CG)
Commercial General (CG)
ZONING DISTRICT:
Cu rrent District:
Proposed District:
R4, One, Two & Three Family Residential (County)
C, Commercial
Staff Rcport - Communit)' Dcvelopment Board - January ~ 1.2003 - Case :\NX 2002-1102) - Page 1
EXISTI~G
SURROC~DING USES:
North:
South:
East:
West:
Light Assembly
Light Assembly
Single-family residential
Retail
ANAL YSIS:
The subject property is approximately 0.15 acres in area and is located at 1231 South Lincoln
A venue. on the east side, approxi mmely 360 feet south of Jeffords Street and 650 feet cast of
ivlisSOllli A venue. The site is occupied by an unimproved surface parking lot and the applicant is
requesting this annexation in order to satisfy the parking requirements for the existing
commercial uses to the north and south. The property is contiguous with the existing City
boundmies to the north, south, and west: therefore. the proposed annexation is consistent with
Florida Statutes with regard to voluntary annexation. It is proposed that the properties have a
Future Land Use Plan designation of Commercial General (CG) and a zoning category of C.
Commercial.
A. L\II)ACT ON CITY SERVICES:
Water and Sewer:
The property is not served by water or sanitary sewer service nor is either service needed at this
time because the use of the site is and will continue to be a parking lot. However, both sewer and
water service could be provided by the City of Clearwater and capacity for the project is available
for these utilities. The closesl sewer and water lines are located in the South Lincoln Avenue
right-of-way.
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 the disposal of solid waste at the County's
Resource Recovery Plant and capacity is available to serve the property.
Police:
The proposed annexation is located within Patrol District 2 in which there are currently 65 patrol
officers and 9 patrol sergeants and a lieutenant assigned to this District. The District Station is
located at 645 Pierce Street. Community policing service will be provided through the City's
zone system and officers in the field. The Police Department will be able to serve this propelly
and the annexation will not adversely affect police service and response time.
Fire and Emergencv Medical Services:
Fire and emergency medical services will be provided to these properties by Station #47 located
at 1460 Lakeview A venue. The Fire Depmlment will be able to serve these propcllies and the
annexation will not adversely affect fire and EMS service and response time.
In summary, the proposed annexation will not have an adverse effect on public facilities and their
level of service.
SI.lfI RL'pllrt - Com/l1UnllY lJl'\'clopmcnl Board - J .\Jluary 21. 2003 - Casl' ANX 2002-11021 ,. Page 2
B. CONSISTENCY \\'1'1'11 CITY'S COMPREHENSIVE PLAN:
The Pinellas County Comprehensive Plan and the Countywide Plan designate the site as
Commercial General (CG). The annexation does not propose to change the plan category and the
use of thc site for parking is consistent with the uses permitted by this category. Further. the
annexation promotes infill development as stated in Objective 2.4 of the Clearwater Future Land
LTse Plan:
2...+ Objectivc - Compact urban development within the urban service area shall be
promoted through application of the Clearwater Community Development Code.
2.4.1 Policy - The devclopment or rcdevclopment of small parcels [less than one (l) acrel
which are cUITently receiving an adequate Level of Service shall be specifically
encouraged by administration of land development and conculTency managemcnt
regulatory systems as a method of promoting urban infil!.
In summary, the proposed annexation is consistent with the City's Comprehensive Plan both in
the Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT '''11'1-1 COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS:
As stated earlier. the application for annexation involves an existing, unimproved parking lot.
The property is 50 feet in width and 6,850 square feet in lot area. The lot will be used to mcet
the parking requiremcnts of the City of Clearwater Community Development Code for the
applicant's adjacent light assembly uses to the nOl1h and south. The appropriate zoning district
based on the location and use of the propeI1y is the C, Commercial District. however, the site
does not meet the minimum lot width and lot area requirements for an off-street parking lot.
Since the lot serves the adjacent usc, the property owner has submitted a Unity of Title, which
joins thc subject lot with the adjacent properties as a unified and indivisible building site.
Through this action, the subject site will be in confonnity with the Commercial zoning district
requiremcnts.
D. CONSISTENCY 'VITH THE COUNTY\\'IDE I)LAN:
There is no change requested in the Comprehensive Plan category of the site, which will rcmain
Commercial General (CG) with a FAR of 0.55 and an ISR of 0;90 for the Commercial General
plan category.
E. CONSISTENCY \VITI-I PINELLAS COUNTY AND FLOIUDA LA W:
Pursuant to Pinellas County Ordinance No. 00-63, the Pinellas Planning Council and County
staff have reviewed this annexation and determined it complies with the ordinance criteria.
Staff Rl'pnrl - Community Dcvclopmcnt Board - January 21. ~(Xl.:l - Case ANX 200:!-11 O~ I - Page"
Florida Statutes require that a proposed annexation be both contiguous with the eXlstlllg
municipal boundaries and compact in its concentration (f'lorida Statutes Chapter 171). This site
is contiguous with the existing City boundaries to the nonh. south. and west 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 anncxation of this propeny is consistent with this standard and no new enclave will be
creatcd,
In summary. the annexation of this properlY is consistent with Florida law.
F, CODE ENFORCEMENT A~AL YSIS:
There arc no CUITent code enforccment violations or any code enforcement history on this site.
SUMI\IARY AND IU~COMMENDATIONS:
The proposed annexation can be servcd by City of Clearwater services. including sanitary sewer.
water. solid waste. police. fire and emergency medical services without any adverse effect on the
service level. At this time. however. water and sewer service are not needed for this parking lot.
The proposed annexation and existing use arc consistent with both 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 proposed use of this site as a parking lot to serve an adjacent use is
consistent with the C zoning district. The propel1y owner has filed an Unity of Title joining the
subject property with the abutting sites to avoid creating a nonconforming lot. Finally, the
proposed annexation is consistent with Florida law regarding municipal annexation through its
adjacency with existing City boundaries and is compact in concentration.
Bascd on the above analysis, the Planning Department recommcnds thc following actions on the
request:
Recommend APPROVAL of the annexation of the property located at 1231 South Lincoln
A venue.
Recommend APPROVAL of the Commcrcial General (CG) category pursuant to the City's
Comprehensivc Plan.
Recommend APPROVAL of the C. Commercial zoning district pursuant to the City's
Community Devclopment Code.
Staff Report - Community Dcvclopmcnt Board - January 21. 2003 - Ca~e ANX 2002-11021 - Page .t
Prepared by Planning Department Staff:
I
~'u )J ^ '
Marc A. Mariano, PI:l~.~I;e.;'--
Attachments:
Application
Location Map
Aerial Photograph of Site and Vicinity
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\Planning Dcpal'tmcnt\C D B\Annc:>oaiions\ANX - 2002\ANX2002-11021 Ana Ramircz Diaz .1231 Lincoln A vc\ANX 21)()2.11 021 1231
Lincoln Avc staff rcport.doc .
Slaff Rt:porl- Community Development Board - January 21. 2003 - Case ANX 2002-11021 - Page 5
ORDINANCE NO. 7085-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF SOUTH LINCOLN AVENUE, APPROXIMATELY
360 FEET SOUTH OF JEFFORDS STREET AND 650 FEET EAST
OF MISSOURI AVENUE, CONSISTING OF LOT 36 OAKLAND
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1231 SOUTH
LINCOLN AVENUE, INTO THE CORPORATE LIMITS OF THE
CITY, AND REDEFINING THE BOUNDARY LINES OF THE CITY
TO INCLUDE SAID ADDITION; PROVIDING AN EFFECTIVE
DATE,
WHEREAS, the owner of the real property described herein and depicted on the map
[lUnched hereto CIS 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
Cl.EARWATER, FLORIDA:
Bg..9tlmL1.- n1e following-described property is hereby annexed into the City of Clearwater
nnclthc bounclnry lines of the City are redefined accordingly:
Lot 36, Oaklnnd Heights, according to the plat thereof, recorded in Plat Book 12,
Pago 38, Public Records of Pinellas County, Florida (ANX2002-11021)
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 casements, parks, rights-of-way and other dedications to the public, which have
heretofore beon made by plat, deed or user within the annexed property. The City Engineer, the
City Clerk and the Planning Director are directed to include and show the property described
herein upon the official maps and records of the City.
Section 3. This ordinance shall take effect immediately upon adoption. The City Clerk
shall file certified copies of this ordinance, including the map attached hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, within 7 days after
adoption, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sl
Assistant City Attorne
Ordinance No, 7085-03
.
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PROPOSED ANNEXATION
I
Owner: Ana Ramirez Diaz 1 Case: ANX2002-11021
--------.-----.-.-------- i
I Property
Site: 1231 Lincoln Ave ! 0.15
: Size (Acres):
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Zoning Land Use I
--.-,----- I PIN: 22/29/15/62928/000/0360
.
From: R-4/County CG
To: C CG Alias Page: 306B
Exhibit A Ordinance No. 7085-03
Property
Lot 36, Oakland Heights, according to the plat thereof,
recorded in Plat Book 12, Page 38, Public Records of
Pinellas County, Florida (ANX2002-11021)
Land Use Cateqorv
Commercial General (CG)
ORDINANCE NO. 7086-03
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 SOUTH LINCOLN AVENUE, APPROXIMATELY
360 FEET SOUTH OF JEFFORDS STREET AND 650 FEET EAST
OF MISSOURI AVENUE, CONSISTING OF LOT 36, OAKLAND
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1231 SOUTH
LINCOLN AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL GENERAL (CG); 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:
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. 7085-03, 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 9 163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No, 7086-03
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Owner: Ana Ramirez Diaz
Site: 1231 Lincoln Ave
Zoning
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, Case: ANX2002-11021
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i PIN: 22/29/15/62928/000/0360
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Atlas Page: 306B
:
Ordinance No. 7086-03
ORDINANCE NO. 7087-03
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
SOUTH LINCOLN AVENUE, APPROXIMATELY 360 FEET
SOUTH OF JEFFORDS STREET AND 650 FEET EAST OF
MISSOURI AVENUE, CONSISTING OF LOT 36, OAKLAND
HEIGHTS, WHOSE POST OFFICE ADDRESS IS 1231 SOUTH
LINCOLN AVENUE, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS COMMERCIAL (C); 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
Lot 36, Oakland Heights, according to the
plat thereof, recorded in Plat Book 12, Page 38,
Public Records of Pine lias County, Florida
(ANX2002-11 021 )
Zoninq District
Commercial (C)
Section 2. The City Engineer 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. 7085-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Leslie K. Dougall-Sid
Assistant City Attorne
Ordinance No. 7087-03
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ZONING MAP
Owner: : Ana Ramirez Diaz Case: ANX2002-11021
Site: 1231 Lincoln Ave Property Size 0.15
(Acres) :
Zoning Land Use PIN: 22/29/15/62928/000/0360
Frorn : R-4/County CG
To: C CG Atlas Page: 306B
Ordinance NO. 7087-03
COLOR AERIAL
Owner: Ana Ramirez Diaz Case: A NX2002-11 021
Site: 1231 Lincoln Ave Property Size 0.15
(Acres):
Zoning Land Use PIN: 22/29/15/62928/000/0360
From: R-4/County CG
To: C CG A tlas Page: 306B
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EXISTING SURROUNDING USES
Owner: Ana Ramirez Diaz
Case:
ANX2002-11021
Site: 1231 Lincoln Ave
Property Size
(Acres):
0.15
Zoning
Land Use
PIN:
22/29/15/62928/000/0360
From:
R-4/County
CG
To:
C
CG
Atlas Page: 306B
View looking C.1St
View looking south
.- ------
View looking west
---
~,----- '"\--.
View looking north
Site view from the north
Site view from the west
Ana Ramirez Diaz ANX2002-11021
] 231 Lincoln Avenue
'.~~.-'\
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.yATE~~
Clearwater City Comtnission
Agenda Cover Mcmorandun1
Worksession Item #: r LD 7
Final Agenda Item # ~ I
Meeting Date:
2-20-03
SUBJECT/RECOMMENDATION:
APPROVE a Land Use Plan Amendment from Commercial General (CG) to Residential High (RH), and a
Zoning Atlas Amendment from the C, Commercial District to the HDR, High Density Residential District for
property located at 202 Windward Passage (A portion of Lot 9 and all of Lots 10, 11, 12, and 13, Block 0, Unit
5, Island Estates of Clearwater, Together with a portion of Vacated Dory Passage, in Section 09, Township 29
South, Range 15 East), and PASS Ordinances #7088-03 and #7089-03 on first reading.
~ and that the appropriate officials be authorized to execute same. (LUZ 2002-11011)
SUMMARY:
This site is located on the north side of Windward Passage, approximately 500 feet north of Memorial
Causeway and 920 feet west of Island Way. The subject site is approximately 1.83 acres in area
and is currently developed with a high and dry storage marina facility containing 306 berths with eight
dock structures used for storing, maintaining and repairing vessels. The applicant is proposing to
amend the Future land Use Plan designation of this property from the Commercial General (CG)
category to the Residential High (RH) category and to rezone it from the C, Commercial District to the
HDR, High Density Residential District to redevelop the property with multi-family dwellings.
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:
. The proposed land use plan amendment and rezoning application are consistent with the
Comprehensive Plan.
. The potential range of uses and the current 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.
Please refer to the attached land use plan and rezoning (lUZ2002-11 011) report for the complete
staff analysis.
Reviewed by:
Legal \. / I" ,
l/ ~.-j
Budget N/ A
Purchasing N/ A
Info Srvc
N/A
Originating Dept.:
PLANNING DEPA~fNt
Marc A. Mariano'::/1 I J
User Dept.:t!) v: --
Planning (j?JJ
Costs
Total N/A
Risk Mgmt N/ A
Public Works N/ A
DCM/ACM ~
Other
Current N/ A
FY
Funding Source:
CI
Attachments:
ORDINANCES NO. 7088-03 Be
7089-03
STAFF REPORT
OP
Other
Submitted by: j). ,. ~
City ManaQer ~ ~..~.....~
o Printed on recycled poper
Appropriation Code:
o None
LUZ2002-11011
~02 Windward Passage. High and Dry l\1arina. Inc
Page 2
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to the
approval of the Pinellas Planning Council and the Board of County Commissioners acting as the
Countywide Planning Authority. Due to the density of the plan amendment site, review and approval
by Florida Department of Community Affairs is required.
The Community Development Board reviewed this application at its January 21, 2003 meeting and
unanimously recommended approval.
S:V'/ml/lins /J1'1'"rtm.'n^C [) IN.nnd (Ju Aml'ndnll'IIHV.lJZ 200Z\l.U72002-//01 1 lIigh (/lid Dr)' Marina 202 Wind,,'ard I'tl.I,\(/g., RdlCC UJ7.2002.J 10J J. 202 2
Windward I'lI.HII!:I'.dt>r
CDB Meeting Date: January 21. 2003
Case No.: LUZ2002-11011
Agenda Item: C-7
CITY OF CLEARWATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
OWNER/APPLICANT:
REPRESENT A TIVE:
LOCATION:
REQUEST:
SITE INFORMATION:
PROPERTY SIZE:
DIMENSIONS OF SITE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING DISTRICT:
Current District:
Proposed District:
EXISTING
SURROUNDING USES:
High and Dry Marina Incorporated, a Florida Corporation
Harry S. Cline, Esquire
202 Windward Passage, approximately 500 feet north of Memorial
Causeway and 920 feet west of Island Way.
To amend the Comprehensive Plan's Future Land Use Map from
Commercial General (CG) to Residential High (RH), and
To rezone from the C, Commercial District to the HDR, High
Density Residential District.
80,077 square feet or 1.83 acres
540 feet by 140 feet. m.o.I.
Dry storage marina facility
Multi-family residential
Commercial General (CG)
Residential High (RH)
C, Commercial
HDR, High Density Residential
North: Clearwater Harbor
South: Multi-family residential
East: Multi-family residential
West: Marina
Staff Report - Community Development Board -January 21. 2003 - Case LUZ2002-11 0 II
Page I of9
ANAL YSIS
I ntrod uclion
The 1.83-acrc subject site is located at 202 Windward Passage, approximately 500 feet north of
McmOlial Causeway and 920 feet west of Island Way. It is occupied by a high and dry storage
marina facility containing 306 bel1hs with eight dock structures used for storing, maintaining and
repairing vessels. The applicant is proposing to amend the Future Land Use Plan designation of
this property from the Commercial General (CG) category to the Residential High (RH) category
and to rezone it from the C. Commercial District to the HOR. High Density Residential District
to redevelop the property with multi-family dwellings.
In accordance with the Countywide Plan Rules, the land use plan amendment is subject to
approval by the Pinellas Planning Council and Board of County Commissioners acting as the
Countywide Planning Authority. Due to the density allowed by this plan amendment, review and
approval by the Florida Depm1ment of Community Affairs is required.
I. CONSISTENCY \VITH CITY'S COMPREHENSIVE PLAN
Applicable Objectives and Policies from the Clearwater Comprehensive Plan in supP0l1 of the
proposed land use plan amendment are as indicated below:
3.2.2 Policy - Residential land uses shall be appropriately located on local and minor collector
streets; if appropriately buffered; they may be located on major collector and arterial
streets. Residential land U3es shall be sited on well-drained soils, in proximity to parks,
schools, mass transit and other neighborhood-serving land uses.
3.2.2 Policy - Commercial land uses shall be located at the intersection of arterial or collector
streets and should be sited in such a way as to minimize the intrusion of off-site impacts
into residential neighborhoods. New plats and site plans shall discourage the creation of
"strip commercial" zones by insUling that adequate lot depths are maintained and by
zoning for commercial development at major intersections.
This site is located in a residential area along the Intracoastal Waterway. This site meets the
policy of being located on a minor street and development approval for residential units on this
site will not negatively impact hurricane evacuation plans.
II. CONSISTENCY WITH COUNTYWIDE PLAN
The purpose of the proposed Residential High (RH) category as specified in Section 2.3.3.3.1 of
the Countywide Rules is to designate areas of the County that are cun'ently developed, or have
the ability to be developed, in a highly intensive residential manner and is consistent with the
urban characteristics of the surrounding area. The Residential High (RH) category is generally
situated in areas that are within close proximity to urban activity centers; residential in nature; or
where the development is consistent with similar high intensity residential uses. Generally, the
RH category is designated on property in close proximity to, or immediately adjacent to, an
al1erial or thoroughfare highway network that is serviced by mass transit. The regulation also
Staff Rcport - Community Dcvelopmcnt Board - January 21. 20m - CJ5e LUZ2002-IIO II
Page 2 of 9
states that this designation is generally not appropriate for coastal high hazard and evacuation
level "A" areas.
Island Estates was developed with a range of housing types and allowable densities. There arc
currently large areas on the island that are cUITently designated as Residential High (RH) and the
proposed amendment is compatible with the surrounding area. Furthermore, the subject site's
location east of Clearwater Beach and in close proximity to the Memorial Causeway Blidge
provides an expedited link to the nearest evacuation route during a predicted storm. The
completion of the new Memorial Causeway Bridge in 2004 will upgrade this evacuation route
and upgrade the Causeway level of service from C to B.
The Pinellas Planning Council (PPC) and Countywide Planning Authority (CPA) have policies
that specifically address Countywide Future Land Use Plan amendments in the Coastal High
Hazard Area (CHHA). The policy specifies that such amendments should generally be denied.
However, approval may be granted upon a balancing of the following criteria, as detennined
applicable and significant to the amendment.
A. Distinction between direct storm damage and damage to evacuation routes. The subject
site is susceptible to stonn damage due to the site's location on the Intracoastal Waterway
in an AE Oood zone. It is on an island that currently has high density residential
development and is located in close proximity to Memorial Causeway. In 2004, the Level
of Service of this evacuation route will be enhanced to a LOS B. This evacuation route is
adequate to serve the existing and proposed land use category.
B. Access to Emergency Shelter Space and Evacuation Routes. Currently there is a shortage
of emergency shelters countywide. The proposed amendment could result in a net
increase of 11 units or approximately 24 people (see I. below for additional information
on net increase of density in entire CHHA). Emergency shelter planning provides for a
percentage of residents that will utilize family, fliend or hotel accommodations during
evacuation situations and not cmergency shelter space. Not considering that decreased
percentagc, this increase is still minimal and will not have a negative impact on shelter
space or evacuation routes.
C. Utilization of Existing and Planning Infrastructure. This criterion is not applicable since
the use of the site for the proposed residential purposes will not require the expenditure of
public funds for the construction of new, unplanned infrastructure.
D. Utilization of Existing Disturbed Arcas. This critcrion is not applicable since the site is
currcntly developed and not a natural areas.
E. Maintenance of Scenic Oualities and Improvement of Public Access to Water. The
subject site does not currently providc public access to the Bay nor will it if the proposed
amendment is approved.
F. Watcr Dependent Use. The site is currently occupied by a water related use. The
proposal is to remove this use.
Staff Report - Community Development Board - January 21. 2003 - Case LUZ2002-11 0 II
Page 3 of9
G. Integral Pan of Comprehensive Plannilu! Process. ~ot applicable.
H. Pan of Communitv Redcvelopmcnt Plan. This site is not locatcd within the boundaries of
a community redevelopment plan area.
J. Overall Reduction of Density or Intensity. The maximum permitted density of the subject
site is currently 24.0 units per acre, which would permit a maximum of fony-four (44)
dwelling units. The proposed amendment would allow 30.0 units per acre for a
maximum of fifty-five (55) dwelling units. Approval of this application could yield a net
increase of cleven (I I) residential units in the CHHA.
Consideration should be gi ven to the fact that on December 5, 2002, the Clearwater City
Commission approved a Future Land Use Plan amendment for a property across the street
to the south (209 - 229 Windward Passage) that reduces permitted density in the CHHA
by a total of seven (7) units by redesignating the property from Commercial General (24
units per acre) to Residential Medium (15 units per acre). This amendment is pending
approval by the PPC, CPA and the Department of Community Affairs (DCA). If this
request is approved, the total density increase in the CHHA, considering both requests,
will be by four (4) units.
\Vhen evaluating this request, consideration should also be gi ven to the fact that the City
of Clearwater purchased property to the south of the subject site, adjacent to 209-229
\Vindward Passage, and constructed Sunset Sam Park. The Future Land Use category of
the site is Commercial General and would allow the construction of 9 units. However,
since this has become City parkland, these units will not be built and will offset the
increase of four units that will result from the proposed amendment.
1. Clustering of Uses. The entire site is located within the Coastal High Hazard Area,
therefore the clustering uses of a portion of the site outside the CHHA is not possible.
\Vhile the requested amendment to the Future Land Use Plan category could place a net total of
four (4) additional residential dwelling units in the CHHA and subject the site to possible direct
storm damage, the decrease in the existing capacity for the maximum potential of traffic
generated by the amendment would positively affect the evacuation route of the area. In
addition, the removal of a water dependent use from the site may have a negative effect on the
overall capacity of vessel storage for the city, however, the CUlTent marina use is not compatible
use with the surrounding residential development.
III. COMPATIBILITY \VITH SURROUNDING I)ROPERTY /CHARACTER OF THE
CITY & NEIGHBORHOOD
Current uses allowed in the HDR, High Density Residential zoning district include attached
dwellings, detached dwellings, community residential homes, nursing homes, places of worship,
assisted living facilities, retail sales, schools, overnight accommodations, parking garage and
lots, congregate care, parks and recreation facilities and residential inn II projects.
Staff Report - Communit)' Devclopmcnt Board - January 21. 2003 - Casc LUZ2002-11 () II
Pagc 4 nf9
State Route 60 Corridor~lemorial Causeway
The SR 60 coni dol' connecting the Downtown to Clearwater Beach is characterized primarily by
open space. utilitylinfrastructure facilities and parks. The Countywide Future Land Use Plan has
designated land along this con'idor as Recreation/Open Space (R/OS). The Recreation/Open
Space is the only land use plan designation to the nOl1h. south, cast 4lnll west of the cOITidor.
Immediate Surroundin~ Area
The Future Land Use Plan (FLUP) for the immediate sun'ounding area to the south and west of
the subject site is Commercial General (CG). The Residential ~kdium (R~\'1) plan category
extends to the cast of the subject property, while Clearwater Harbor borders the property to the
north. To the north of the site arc several residential fingers, approximately 10.5 acres in area
that have a designation of Residential High.
The existing surrounding uses include a marina to the east. Multi-family residential dwellings
and :1 park :1re located to the south, with Clearwater Harbor north. The proposed Future Land
Use Plan designation and rezoning are in character with the overall FLUP designations along this
block and compatible with surrounding uses.
Amending the FLUP to the Residential High category will make all the peninsulas on the western
portion of Island Estates consistent as this plan category.
As the current use of the high and dry marina storage facility is incompatible with the
surrounding residential uses, approval of this request would better assimilate the site with
surrounding uses. \Vhile a marina facility may be a desired use in the community, the traffic
impacts and noise associated by the peak use on Saturdays and Sundays severally connicts with
the residential nature of the surrounding area, while the visual and noise impacts generated by the
servicing of vessels at a marina facility also degrades the quality of the surrounding area. In
addition, the amount of on-site parking spaces available to accommodate the 306-berth high and
dry marina facility can require patrons to utilize on-street parking in the surrounding
neighborhood during the most desirable boating days.
IV. SUFFICIENCY OF PUBLIC FACILITIES
The subject site is approximately 1.838 acres and would allow 44 dwelling units or a 44,034
square foot building, based on a maximum density of 24.0 dwelling units per acre and a FAR of
0.55 in the current Commercial General (CG) Future Land Use Plan category. Based on a
maximum permitted density of 30.0 dwelling units per acre under the proposed Residential High
(RH) plan category, a maximum of 55 dwelling units could be constructed on this site provided
all code requirements are met.
Roadwa)'s
The accepted methodology for reviewing the transportation impacts of the proposed plan
amendment is based on the Pinellas Planning Council's (PPC) traffic generation guidelines. The
PPC's traffic generation rates have been calculated for the subject site based on the existing and
proposed Future Land Use Plan categories and are included in the following tahle.
Staff Rcport - Community Dcvclopmcnt Board .. January ~ 1.2003 - Ca~c LUZ2002-11011
Page 5 of 9
Memorial Causeway (SR60)
Maximum Daily Added Potential Tri s
Maximum PM Peak Hour Added Potential Tri S'
Volume of Memorial Causeway from DrewlPiercc Street
LOS of Mcmorial Causewa . from DrewlPierce Street
:\/A = Nol Applicable: LOS = Lc\'c1.of-Ser\'ke
I = Based on PPC calculations of 465 trips per acre per day for the Commercial General Future l...and I' >c Category
I 83 trip~ pcr .Il;re pcr day for the Residentiat lligh Future [...and Use Calegory 3 = Clly C.1kul.lIion lJi J: ~ ''i
Source: "Th~ Rul~s" of the County....ide Future Land ['u Plan
MAXIMUM POTENTIAL TRAFFIC
Current Existing
Situation Plan'
~/A S54
~/A 106
35.169 36.023
C C
Proposed
PlanJ
336
42
35.505
C
Net New
Tri s
(-51 S)
(.64 )
(-5 1 S)
C
~ = Based on I'I'C calculations oi
The '2002 Transportation Level of Service (LOS) manual from the Pinellas County Metropolitan
Planning Organization assigned the Memorial Causeway segments in the vicinity of this site a
level of service (LOS) C. When compared to the maximum development potential of the
existing Commercial General (CG) future land use plan category: the Residential High (RH)
future land use plan category and the proposed use of application will decrease the existing
capacity of any of the sUlTounding roadways and will not have a negative effect on the segments
level of service.
In addition, upon completion of the new Memorial Causeway Bridge in 200-l, it is proposed that
the Level of Service (LOS) in this vicinity will be enhanced from a LOS C to a LOS B.
Specific uses in the current and proposed zoning districts have also been analyzed for the amount
of vehicle trips that could be generated based on the Institute of Transportation Engineer's
Manual.
TRAFFIC IMPACTS BASED ON ITE MANUAL STANDARDS
Net
Units/Square Daily Trips- Dall)' Trips- Net Change PM Increase of
Footage Existing Proposed of Average Peak PM Peak
Uses Permitted lAmine Zonine Dailv Trips Trips Trips
Existing Zoning
Marina
(2.96 Weekday tripslbcnhs) 306 Berths 905 N/A N/A 64 N/A
(0,21 I'M Peak hr lripslbcrths)
Quality Restaurant 44.034 sq. ft. 3960 N/A 3.055 397 333
(89,95 Weekday trips/lOoo sq, ft.)
(9,02 PM Peak hr Irips/IOOO sq, fi)
Govcmment Office Bldg. 44.034 sq. ft. 3035 N/A 2.130 785 721
(68.93 Weekday Irips/lOoo sq, ft.)
(11.03 PM Peak Irips/lOoo sq, ft)
Proposed Zoning
C ondomi n i u mrT ownhollse
(586 Weekday lrips/dwelling unil) 55 Units N/A ~.,., ( -583) 29 (-35 )
-'--
(0,54 PM Peak lops/dwelling unii)
High Rise Apartment 55 Units N/A 231 ( -674) 22 ( -42)
(4.20 Weekday trips/dwelling unil)
(Cl.t0 PM Ibk lopYdwelling unil)
N/A - Not Applicable
Source: I1'E Trip Gt'1/erat;o1/ "'!'",1Cl1 6t/l f."d.. 1997
Staff Report - Community Dcvelopment Board _. January 21. 2003 - Case LUZ2002-ll 0 11
Page 60f9
Based on the applicant's proposed use of the subject site. the City of Clearwater Engineeling
Department has concluded that the transportation impacts associated with this land use plan
amcndment and rezoning will not result in any degradation of the existing LOS to Island Way
and/or State Route 60. In fact, the proposed Futurc Land Use Plan amcndment will result in a
reduction of potential trips. There will be no impact on the operational efficiency of the
signalized intersections of Island Way and State Routc 60.
'lass 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 11.1 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 State Route 60.
'Vater
The curTent land use plan designation and zoning district could demand approximately 4,403
gallons of water per day. Under the proposed Residential High land use plan designation and
zoning district, water demand could approach approximately 13,750 gallons per day. The
proposed amendment could result in a net increase of 9,347 gallons per day. However, the land
use plan amendment and rezoning will not negatively impact the City's CUITcnt LOS for watcr
since there is excess capacity.
'Vastewater
The CUlTent land use plan designation and zoning district could demand approximately 3,522
gallons of wastewater per day. Under the proposed Residential High land use plan designation
and zoning district; wastewater demand could approach approximately 11,000 gallons per day.
The proposed amendment could result in a net increase of 7,478 gallons per day. However, the
land use plan amendment and rezoning will not negatively impact the City's cun-cnt LOS for
wastewater since there is excess capacity.
Solid Waste
The current land use plan designation and zoning district could result in 118 tons of solid waste
per year for a commercial site. Under the proposed Residentiul High land use plan designation
and zoning district; approximately 139 tons of solid waste could be generuted per year. The
proposed amendment could result in a net increase of 21 tons of solid waste per year. However,
the land use plan amendment and rezoning will not negatively impact the City's current LOS for
solid waste since there is excess capacity.
Recreation and Open Space
The proposed land use plan amendment and rezoning will not impact the LOS of recreational
acreage or facilities due to available capucity. It however, will require payment of rccreation and
open space impact fees due to residential development on vacant lund.
v. IMPACT ON NATURAL ENVIRONMENT
Prior to development of the subject propelty, site plan approval wi 1\ be required. At that time,
the stormwuter management systcm will be required to meet all City and Southwest Florida
Staff Report - Community Dcvclopment Board - January 21, 200.1 - Case Ll lZ2002- 110 II
Page 7 of 9
Water Management District (S\VFWMD) stormwater management critclia. Water quantity and
quality will be controlled in compliance with the Clearwater Comprehensive Plan.
. In addition, any new structures will be required to be constructed above the base flood elevation.
The proposed land use amendment will not have a negative impact on thc natural environment.
VI. LOCATION OF DISTRICT BOUNDARIES
The location of the proposed Residential High (RH) boundmies arc logical and an appropriatc
classification between multi-family and park uses to the south, the marina use to the west and the
mutli-family uses to the cast. The district boundaries arc appropriately drawn in regard to
location and classifications of streets, ownership lines and existing improvements.
VII. CONSISTENCY OF DEVELOPMENT WITH COMMUNITY DEVELOPMENT
CODE AND CITY REGULATIONS
The proposed HDR, High Density Residential District permits a FAR of 0.60 and the existing C,
Commercial permits a slightly less intensive FAR of 0.55. The 0.85 lSR of the proposed HDR is
considerably less than the existing ISR at 0.95. The site's area at 80,063 square feet exceeds the
minimum lot area requirement of 15,000 square feet required by the HDR zoning district for
attached dwellings. The parcel is approximately 540 feet in width and exceeds the L50 feet
required lot width for attached dwellings in the zoning district. Therefore, the parcel meets the
size requirements of the proposed HDR District and the attached dwelling use is permitted in the
HDR.
Apl)rOval of this land use plan amendment and zoning district designation does not
guarantee the right to develop on the subject property. Transportation concurTency must be
met, and the property owner will have to comply with all laws and ordinances in effect at the
time development permits arc requested.
The proposed use of this property is consistent with the High Density Residential regulations.
SUMMARY AND RECOMMENDATIONS:
An amendment to the Future Land Use Plan from Commercial General (CG) to Residential High
(RH) and a rezoning from the C, Commercial District to the I-lOR, High Density Residential
District for the subject property is requested to enable the applicant to develop this site with
multi-family dwellings. The neighborhood is surrounded by a marina use to the west; a park and
multi-family residential uses to the south; Clearwater Harbor to the north and multi-family
residential to the north and east. The proposed residential use wi II blend into the surrounding
neighborhood since this is a primarily residential area.
The proposed Residential High (RH) Future Land Use Plan classification and HDR, High
Density Residential zoning district arc consistent with both the City and the Countywide
Comprehensive Plans, is compatible with the surrounding area, docs not require nor affect the
Staff Report - Communit)' Development Board - January 21. 2003 - Case LUZ2002-11 0 II
Page 8 of I)
provision of public services, is compatible with the natural environment and is consistent with
the development regulations of the City.
The Planning Department recommends APPROV AL of the following actions on this application:
1. Amend the Future Land Use Plan designation of 202 Windward Passage from
Commercial General (CG) to Residential High (RH), and
2. Amend the zoning district designation of 202 Windward Passage from the C,
Commercial District to the HDR. Hi:"M.,i~Y ~;J'd/:tial District.
Prepared by Planning Department Staff: ~ f(~
Marc A. Mariano, Planner
Attachments
Application
Location Map
Aerial Photograph of Site and Vicinity
Existing Surrounding Uses
Zoning Map
Land Use Plan Map
Site Photographs
S:\Plml1lillg Drpartm~lI^C D lNA1Il1 Use AI/I~lIdmtnuV.t.rL 200'!lLUZ2002-llOI1 /liglr and Dry Marina 202 \Vim/ward l'a.uagr RtN.UZ
2002-1101 llIiglr IInd Df)' marillll- ,Ut!ffrrport,doc
Staff Report - Community Development Board - January 21. 2003 - Case LUZ2002-11 0 II
Page 90f9
ORDINANCE NO. 7088-03
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 WINDWARD PASSAGE,
APPROXIMATELY 600 FEET NORTH OF MEMORIAL
CAUSEWAY AND 920 FEET WEST OF ISLAND WAY,
CONSISTING OF A PORTION OF LOT 9 AND ALL OF LOTS 10,
11, 12, AND 13, BLOCK 0, UNIT 5, ISLAND ESTATES OF
CLEARWATER, TOGETHER WITH A PORTION OF VACATED
DORY PASSAGE, WHOSE POST OFFICE ADDRESS IS 202
WINDWARD PASSAGE. FROM COMMERCIAL GENERAL (CG)
TO RESIDENTIAL HIGH (RH); 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 as follows:
Property
Land Use Cateqory
See attached legal description
From: Commercial General (CG)
(LUZ2002-11 011)
To:
Residential High (RH)
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 Community
Development Coordinator is authorized to transmit to the Pine lias 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.
PASSED ON FIRST READING
Ordinnnce No, 7088-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Approved as to form:
Leslie K. Dougall-Sid
Assistant City Attorney
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7088-03
_UAL D:::SC;=;I? TjJN
UPLANDS:
A PORTION OF LOT 9 AND ALL OF LOTS 10, 11, 12, AND 13, BLOCK 0, UNIT 5,
ISLAND ESTATES Of CLEARWATER, TOGETHER 'MTH A PORTION OF VACATED DORY PASSAGE,
AS RECORDED IN PLAT -BOOK 51, PAGE' 34, puauc RECORDS OF PINELLAS COUNTY,
FLORIDA. -SE1l'JG MORE FULLY DESCRIBED AS FOLLOWS :
. .
BEGINNING 'AT THE SOUTHEAST CORNER OF SAID LOT 12; THENCE N49L3'4'''W
ALONG "lHE NORTHERLY RIGHT-Of-WAY LINE OF 'MNDWARD PASSAGE, A "DISTANCE Of
32CLOOFEET TOl11E POtNT OF CURVA1lJRE OF-A CURVE TO THE.RIGHT;' :;HENCE ALONG
SAID cURVE, 'HAV\NG-:A RADIUS Of 5o-~OOFEET~ CHORD .31..62 FEET 'BEARING N.30~57'41"W
-'A DISTANCE OF 3.2.17 i-tt..T: 1"0" A POINT OF REVERSE CURVE; THENCE ALONG A CURVE '
TO THE.LEFT HAVING A 'RADIUS Of- 50.00 FEET, CHORD OF 7.3.14 FEET BEARING
N59:3l'26.W, A "DISTANCE OF .a2.0.3.FEET; 'THENCE, LEA\lJNG SAID LlNE,..N16.31'22"W
A DISTANCE DF'120.0Q,FEET rD:.THE POINT OF CUR VAlURE OF A NON-TANGENT CURVE;
THENCE ';ALONG. SAID CURVE TO.. THE RIGHT 'HA vtNGA ~A.DJUS Of 170.00:' FET, A CHORD
OF 1'62:57. FEET 'SEARING 51 n:J7'3,-E. . A DISTANCE OF'~1B'9.50 FEET, TO A POlNT OF
TANGENCY;. :1HENCE:S49"2S41.E.~ A ".DisTANCE OF 180;00 FEET TO THE' POINT CURVATURE
OF A.'-CUR.VE .TO"THE'LEFT; ; '1'HENCE,.~-AtONGSAJD CURVE HAVING A-RADJUS', OF 70.00 FL~,
A 'CHORD. OF 7,4.84 FEET BEARrNGS81~42'22':E, A OIST.A,NCE -Of 78;96 FEET, TO A POINT,.
SAID POINT .BElNG. "THE.SOUTHWESTERLY. CORNER OF -PHASE ''1 -VILLAGE'. ON ISLAND "ESTA rES,
,AS REcqRDED, tN . PLAT BOOK:05, PAGE 12, PUBUC .RECORDS -OF PINELLAS COUNTY. FLORIDA;
. 'THENCE,ALONG-THE.'SDUTHERLY .UNE OF SAID, VILLAGE; ON .ISLAND ESTA 1ES, THE FOLLOWING
THREE (3) COURSES :' ,- .
1 ~ 54'9-"23' 41 -.E/ -A DISTANCE OF ..136~ 76 . FEET:
2. S08'2'32-E, A DISTANCE' OF 81.05 FEET; . AND
3. S4(r36'19.W, A DISTANCE' ,OF 106.62 r tot:. T TO A-POINT ON THE NORTHERLY
RIGHT-:-O~~WAY ,~~E OF TI1E AFOREMENTIONEDV,'NDWARD PASSAGE;
THENCE ALONG SAID 'tiNE N49~4'09-W, A DISTANCE OF .61.00 FEET; TrlENCE
S40~6'1~-~~. A D/~ANCE O~ 20:00 FEET TO THE POINT OF BEGINNING.
CONTAINING 1.838 ACRES OR 80,078 SQUARE FE"ET MORE OR LESS.
R
RH
..,
..
'"
INS
RM
JWATER
THIS IS NOT
A SURVEYI
FUTURE LAND USE MAP
Owner:
High and Dry Marina. Inc
Case:
LUZ2002-11 011
Site:
202 Windward Passgae
Property Size
(Acres):
1.83
From:
Zonl!29_________ Lan9~s~_______ ____
C CG
PIN:
08/29/15/43380/004/0090
To:
HDR
RH
Atlas Page: 267B
Ordinance No. 7088-03
ORDINANCE NO.7089-03
.
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
WINDWARD PASSAGE, APPROXIMATELY 600 FEET NORTH
OF MEMORIAL CAUSEWAY AND 920 FEET WEST OF ISLAND
WAY, CONSISTING OF A PORTION OF LOT 9 AND ALL OF
LOTS 10, 11, 12, AND 13, BLOCK D, UNIT 5, ISLAND ESTATES
OF CLEARWATER, TOGETHER WITH A PORTION OF
VACATED DORY PASSAGE, WHOSE POST OFFICE ADDRESS
IS 202 WINDWARD PASSAGE, FROM COMMERCIAL (C) TO
HIGH DENSITY RESIDENTIAL (HDR); 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
See attached legal description
Zoninq District
From: Commercial (C)
(LUZ2002-11011)
To: High Density Residential (HDR)
Section 2. The City Engineer 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 7088-03 by the Pine lias 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 9163.3189, Florida Statutes.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
\, ./ ......
, I
Attest:
~
Leslie K. Dougall-Si e
Assistant City Attor
Cynthia E. Goudeau
City Clerk
Ordinance No. 7089.03
_Ur-'\L :;~5CAI? TJ Jf\i
UPLANDS:
A P,ORTlON OF LOT 9 AND ALL OF LOTS 10, 11, 12. AND 1:3, BLOCK D. UNIT 5.
ISLAND ESTATES OF ClEARWATER, TOGETH::R WlTH A, PORTION Of VACATED DORY ?ASSAG=-
AS RECORDED IN PLAT ,BOOK 51, PAGE 34. PUBLIC RECORDS OF PINELLAS COUNTY, ~o
FLORIDA. 'SEING MORE FULLY DESCRIBED AS FOLLOWS :
BEGINNING 'AT 1tiE SOUTHEAST CORNER OF SAID LOT 12; THENCE N49L3'4'''W
ALONG ll1ENORTHERl Y RIGHT-Of-WA..Y LINE Of WINDWARD PASSAGE, AdDISTANCE OF
320.00 FEET TO l'HE, POINT OF CURVAJURE OF'A CURVE TO JHE.'RIGHT;' =THENCE ALONG
,SAID CURVE, 'HAVlNG:A RADIUS" OF. 5()~OO FEET; CHORD .31..62 FEET 'BEARING N30'S7'41"W.
'A DISTANCE Of 32.17 t"ttT: TO A POINT OF REVERSE CURVE~ THENCE AlONG A CURVE
TO THE,LEFT HAVING A RADIUS OF 50.00 FEET,CHORO Of 73.14 Fti:.T BEAR1NG
N5931'26.W, A'.DISTANCE OF -82.03FEET;THEN.CE, LEA.V1NG SAID 1INE,..N1S.31'22"W
A DISTANCE OF 120.DO,r-u.T TO.~1HE POINT OF CURVATURE OF A NON-TANGENT CURVE:
111ENCE '~AlONG.SA)D CURVE TO. THE RIGHT HAVING A ~ADIUS OF 170.00 FEET, A CHORD
OF 162;57, FEET BEARING S7rs?'31.~",A 'DlSTANCE OF"'J6'9.50 FEET, TO. A POlNT OF
TANGENCY~. 'lHENCE:S49-ZS4.1-E.', A-.DISTANCE OF 180.00 FEET TO THE POINT CURVA1URE
OF A'-CU~VE.TO~THE'LEfT; ;'lHENCE.'-ALONG SAJD CURVE HAVlNG A'RADJUS'.OF 70.00 rt..-~,
A . CHORD. OF ,7,4.B4 FEET .BEARfNGS81:"-42'22~, A DIST..~NCE ,OF 78.96 FEET TO A POINT.
SAID POtNT,8EJNG Tl:iE..SOUTHWES1ERL'r-CORNER OF 'PHASE 'V VlLLAGE',ON ISLAND "ESTATES,
AS RECORDED. IN "PLAT BOOK'35. PAGE 12, PUBUC ,RECORDS ,OF PINELLAS COUNTY, FLORIDA:
'IHENCEALONG"1HE"SOU1HERLYUNE OF SAID VILLAGE. ON .ISlAND ESTATES, THE FOLLO'MNG
1HREE (3) COURSES :' -
L $4'g'-zi' 41 -i~"A D1SiANCE OF 136~ 76 H:.ET;
2, S0812'32-E, A DISTANCE' OF 81.05' r~ I; AND
3. S4tJ36'19.W, A DISTANCE OF 106.62 FEET TO A-POINT ON THE NORTHERLY
RIGHT-OF-WA,( UNE OF THE AFOREMENllONED Y,'NDWARD PASSAGE;
. . .
THENCE ALONG SAID ONE N49~4'D9.W, A DISTANCE OF 51.00 FEET; TrlENCE
S40~5'1~.~,. A DISTANCE OF 20~OO FEET TO iHE POINT OF BEGINNING.
, .
CONTAINING 1.838 ACRES OR 80,078 SQUARE FEET MORE OR LESS.
ALSO,
SUBMERGED LANDS:
. THOSE SUBMERGED LANDS L YlNG NORTHWESTERLY OF PHASE IV, V1UAGE ON ISLAND ESTATES,
AS. DESCRIBED IN O.R. BOOK 5885, PAGE 2178, PUBLIC RECORDS OF PINELLAS COUNTY, FLORI~
AND AS SHO~ HEREON.
--
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::XHII3IT
- --. -' j , \ I
----
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THIS IS NOT
A SURVEYI
ZONING MAP
Owner:
High and Dry Marina. Inc.
Case:
lUZ2002-11011
Site:
202 Windward Passgae
Property Size
(Acres):
1 .83 - Property
0.70 - Submerged Land
-
From:
Zoning
C
Land Use
CG
PIN:
08/29/15/43380/004/0090
To:
HDR
RH
Alias Page:
267B
Ordinance No. 7089-03
COLOR AERIAL
Owner. High and Dry Marina, Inc. Case: lUZ2002-11011
Site: 202 Windward Passgae Property Size 1.83 - Property
(Acres):
Zoning land Use PIN: 08/29/15/43380/004/0090
From: C CG
To: HDR RH Atlas Page: 267B
e
#tOr 10 IClLf
THIS IS NOT
A SURVEYI
I11SUtu tiol1a{
:Mll(UJ~lIll . \
1{esi de 11 U a{
(t,
EXISTING SURROUNDING USES
Owner:
Case:
High and Dry Marina. Inc.
Site:
Property Size
(Acres):
202 Windward Passgoe
Zoning
From : C
Land Use
. ....,. .." -~. -" ... --~-~_._..._~.-
CG
PIN:
lUZ2002-11011
1.83 - Property
08/29/15/43380/004/0090
To:
RH
Atlas Page: 2678
HDR
Vicw looking cast
View looking south
Sitc view from the south
Vicw looking west
View looking north
Site view from the nonh
High and Dry Marina, Ine LUZ2002-11011
202 Windward Passage
/:A
Second Reading
ORDINANCE NO. 7060-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE 16-FOOT ALLEY LYING ALONG
THE WEST PROPERTY LINE OF LOT 6, BLOCK 16 OF
MAP OF BELLEAIR SUBDIVISION, TOGETHER WITH A
VACATED TWO-FOOT ALLEY PORTION LYING
ADJACENT TO THE WEST PROPERTY LINE OF SAID LOT
6, SUBJECT TO A DRAINAGE AND UTILITY EASEMENT
WHICH IS RETAINED OVER WESTERLY 15 FEET OF THE
ALLEY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, City of Clearwater, c/o David L. Parsons, owner of real property
adjoining the alley described herein, has requested that the City vacate the alley depicted
in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said alley is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
the 16-foot alley lying along the west property line of Lot 6, Block 16 of Map of
Belleair Subdivision, as recorded in Plat Book 1, Page 105 of the Official Records
of Hillsborough County, Florida of which Pinellas County was formerly a part
together with the vacated 2-foot alley portion lying adjacent to the west property
line of said Lot 6, subject to a drainage and utility easement to be retained over the
westerly 15 feet of the alley.
is hereby vacated, closed and released, and the City of Clearwater releases all of its right,
title and interest thereto, except that the City of Clearwater hereby retains a drainage and
utility easement over the described property for the installation and maintenance of any
and all public utilities thereon.
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
February 5, 2003
Ordinance No, 7060-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7060-03
EXHIBIT "A"
Scale 1" = 50'
This is not a survey
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By App/ican t
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STREET
CITY Of' CLEARWATER, f'LORIDA
PUBLIC WORKS ADtoAlNISTRATION
ENGINEERING
"E" STREET
_..n CITY OF CLEARWATER ....""
O,KING VAC2002-13
CKD<II> n VACA nON REOUEST SIal
5.0, 16' ALLEYWAY 20f'6
CAll Sl"C'fa T'lSI..-.G
12/12/2002 WEST OF LOT 6 BLOCK 16 21-2QS-l!iE
MAP Of BELLE AIR (Hl-105) """AMl
J05B 70llo-03
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Final Agenda Item "#
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C1ean\'ater City Commission
Agenda Coyer \1emor~l1ldl1m
Work session Item ;;:
t,1eeting Date:
~. ~ ., /1"', :...
__I ......'1 ! t. ,_)
SUBJECT/RECOMMENDATION: Award a contract for the replacement of the Clearwater :\lall Fire &
Rescue Station ~o. 49 (02-0099-FD) to GLE Construction Services, Inc. or Tampa. Florida. in the amollnt of
$1,498,908.40, which is the lowest responsible bid rccci\'cd in accordance \\'ith plans and spcci lications.
[g] and that the appropriate officials be authorized to execute same.
. The Fire Department has established, as components of its Strategic Plan Goals, programs to
replace aging facilities and provide consistent, high quality and affordable service levels across all
areas of the City.
. The Commission-appointed Fire Task Force confirmed the five-year strategic plan, which included
a recommendation to replace existing stations, including at the Clearwater Mall site.
. The replacement of Clearwater Mall itself drove the need to accelerate construction of this station,
since the mall developer needed the current Station 49 site for future development phases. An
exchange of land was approved and occurred to accommodate the new station and free up the
land for future development.
. The design and engineering of a facility to accommodate existing programs along with potential
growth needs for the future has been completed.
. Work will commence upon award and execution of the contract and is scheduled for completion
within 270 calendar days.
. The specific breakdown of the bid total IS as follows: The basic construction cost is
$1,452,854.70, with two addenda for landscaping and fencing cost $24,860 and $21,193.70,
respectively.
. Copies of the contract documents are available in the City Clerk's Office for review.
. Funding for this project is available in 315-91243, Clearwater Mall Fire & Rescue Station 49.
Reviewed by: r::-.,
Legal 1,f.:{f):1.J-
Budget -'j
Purchasing ~
Risk Mgmt X
Engineer
Info Srvc
Public Works
DCM/ACM
Other
PlanninglDev
x
. ?,\ ,\
\
Originating Dept:
Fire Dept. (W. Hanson)
User Dept. r9:~~
Fire Department
Attachments
Costs
Total
Current FY
$1.498,908.40
Funding Source:
51.175M CI X
OP
Other
Submitted by:
City Manager ~ AL
· ~"""L-
-r -...
[g] None
Appropriation Code:
o Printed on recycled paper
2/98
315-91243 -563000-522-000
Clearwater Fire & Rescue Station No, 49.
Rev.
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Clearwater City Conullission
Agenda Cover Memorandum
~N' '\
Worksession Item #: ,
Final Agenda Item # { ~....
Meeling Date: February 20,
l003
SUBJECT/RECOMMENDATION: Authorize settlement of the workers' compensation claim of
Claimant, Neil Arfmann, in its entirety to include medical and indemnity for the sum of $40,000.
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· On 06/22/99, Claimant, a Police Officer for the City of Clearwater, was subduing a
subject who was resisting arrest violently causing an injury to the head, neck and arm.
The Claimant eventually had neck surgery (cervical fusion and plating). The Claimant
had three prior cervical surgeries.
. The Claimant, as a result of his work related injuries, sustained a 11 % permanent
impairment with permanent physical restrictions of sedentary work, no prolonged sitting
or standing. The Claimant is receiving a job connected disability pension.
. This settlement is recommended as being in the best interest of the City of Clearwater
by the City of Clearwater's Claims Committee, the City of Clearwater's Risk
Management Division, and the City's outside counsel, Mark Hungate.
Reviewed by:
Legal ~-
Budget ~
Purchasing
Risk Mgmt '1-1A'-
Info Srvc
Originating DepYi(j COltl:
FlnlRllk (P Po~ Total
UI.r Dept.
1,1l) J~
$40,000
N1A
Public Works ~
DCMlACM \
Other A
Current FY
Funding Source:
CI
OP
Other CIF
Appropriation Code: 590-07000-545800-519-000
$40,000
Attachmentl
Submitted by: 'i)' jj J J
City Manager ~ ~
X None
Rev. 2198
~
~~,'" .
"""" ~
~~
--......-
Clem.water City Commission
Agenda Cover Memorandum
Worksession Item #: ('f\ P. l
Final Agenda Item # \ lP
Meeling Dale: 2/20/03
SUBJECT/RECOMMENDA liON:
Approve the first amendment to the management agreement with the Clearwater Community
Sailing Association, allowing alcoholic beverages to be possessed, sold and consumed within the
fenced in area of the Clearwater Community Sailing Center,
tEl and that the appropriate officials be authorized to execute same.
SUMMARY:
On January 23, 2003, The City Commission approved Ordinance 7075-03, allowing alcoholic
beverages to be possessed, sold and consumed within the fenced in area of the Sailing Center
This will be the first amendment to the management agreement and will allow for the possession,
sale and consumption of alcoholic beverages within the fenced in area at the Sailing Center.
Previously, alcoholic beverages were confined to renters on the second floor. The tenants asked
for permission to take the after-the-event receptions out doors in an attempt to keep the building
free of sandy wet participants.
A copy of the amendment is available for review in Official Records and Legislative Services.
Reviewed by: /~
CD').) ,
Legal J)J JG
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Costs
Info Srvc N/A
Public Works N/A
DCM/ACM /~~
Finance ( '-- \ f< \
Tolal
N/A
Current FY
Funding Source:
CI
OP
Other
-
Attachments
Submitted by: 'D..' J J
City Manager 1'>'U ~
o Printed on recycled paper
o None
ApJlropriation Code:
FIRST AMENDMENT TO MANAGEMENT AGREEMENT
r11/?
-~ \~)
THIS FIRST AMENDMENT TO THE MANAGEMENT AGREEMENT is made and
entered into this day of , 2003, by and between the CITY OF
CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as "City" and
CLEARWATER COMMUNITY SAILING ASSOCIATION, INC., hereinafter referred to as
"Manager":
WHEREAS, City and the Manager agree to this First Amendment to the Management
Agreement dated July 29, 2002, pursuant to the terms described herein.
NOW THEREFORE, it is mutually agreed as follows:
1. Paragraph 20(i) of the Management Agreement shall be added as follows:
20(i). Consumption of alcoholic beveraQes are to be confined to the fenced in
area of the Sailinq Center. with the qate closed, appropriate siqnaqe and
enforcement to prevent alcoholic beveraqes from beinq removed from the
premises.
The sale of alcoholic beveraqes will be confined to three special events
per year as stipulated by City ordinance.
2. All of the terms and conditions of the Management Agreement are incorporated
herein by reference and shall continue in full force and effect throughout the
remaining term of this Management Agreement.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year above written.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne, II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
By:
SAILING
C1c;uw.\tcr CDmmunity S.\iling J\ssoci;\tiol\, Inc. rvtu1.\gcmcnt Ay,rccmcnt
Final Agenda Item #
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11
Clearwater City Commission
Agenda Co'.'er Memorandum
Work session Item #:
Meeting Date: 2/20103
SUBJECT/RECOMMENDATION: Award a cortract for the Demolition of Commercial Structures - 1700
Overbrook Avenue (02-0087-EN) to Kloote Contracting, Inc. of Palm Harbor, Florida for the sum of
$106,754.70 which is the lowest responsible bid received in accordance with the plans and specifications.
I!I and that the appropriate officials be authorized to exec:..::e same.
SUMMARY:
. This Contract will accomplish the demolition and removal of all structures from the recently
acquired property known as the Central Florida Salvage Yard.
. On April 11, 2002 the City acquired approximately 4 vacant upland acres and about 3.5 acres of
tidal marsh adjacent to the Central Florida Salvage Yard.
. On October 31. 2002 the City acquired approximately 4.2-acre of property known as the Central
Florida Salvage Yard.
. The City anticipates these properties will be utilized during the staging and dewatering process of
the Stevenson Creek Estuary Restoration Project and for the construction of the proposed
Northwest Fire and Rescue Station No. 51, Following the completion of these projects, the
combined site will be analyzed for use as either a park or recreation facility, or for stormwater
retention and treatment.
. This project will start as soon as possible after award and execution of contract and is scheduled to
be completed within 45 calendar days.
. Sufficient budget and funding are available in the 99 Stormwater Revenue Bond Construction Fund
project Stevenson Creek Estuary Restoration. 375-96129.
Originating Cept: Costs:
PWA Admin (Glen Bahnlc) Total
ser De-pl: ,~....
Public Works Admin Current FY
Attachments
Reviewed by:, . "-
Legal ~fO Srvc
Budget Public Works
Purchasing . DCM/ACM
Risk Mgmt Other
5106,754.70
Funding Source:
CI x
OP
Other
Submitted by: 'P '~. J 1 _ _
City Manager ~ ~
Printed on recyclod paper
[BJ None
Appropriation Code:
375-96129-560600-539-000
Demo - 1700 Overbrook Avenue
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Final Agenda Item #
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Clearwater City Commission
Agenda Cover Memorandum
...
Work session Item r;:
Meeting Date:
O?-?O-O~
SUBJECT/RECOMMENDATION: Approve a contract with Gwendoline I. Martin, Trustee ("Seller") to
purchase DRUID HEIGHTS, Block C, Lot 1 for $111,000 plus estimated closing expenses of $20, for a
total consideration of 111,020,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. At its meeting on October 3, 2002 the Commission approved a work order to begin design work to
convert the approximately 27 acre Glen Oaks Golf Course into a stormwater management site.
. With the exception of three residences, the entire road frontage along the north side of Turner
Street between Evergreen and Hillcrest Avenues is part of the Glen Oaks property.
. At the end of July staff contacted the three owners with an offer to have their respective
properties appraised at full market value with the intention of negotiating their purchase. All three
owners agreed to have their properties appraised.
. The Commission approved purchase contracts with two of the property owners on December 5,
2002. Both transactions have closed and the City now owns the two parcels at the northwest
corner of South Hillcrest and Turner.
. The subject parcel, located at the westerly terminus of Turner Street at Evergreen Avenue, is the
final property to be acquired for the project.
. State Certified General A~praiser James M. Davis appraised the subject property and estimated
its value to be the contract amount of $111,000 as of January 8,2003.
. Sufficient budget and revenue are available in the Capital Improvement Program project 315-
96149, Storm System Expansion to fund this purchase.
. A copy of the purchase contract is available for review in the Official Records and Legislative
Services office.
Reviewed bY:~;:,,\ ,-'
Legal ~
Budget ~
Purchasing '-nA
Risk Mgmt NA
Info Srvc
Public Works
DCM/ACM
Other
Originating Dept: 7r\-'t
NA Public Works (E. Barrett)
.'lA It/ }~er Dept.
4' 1 t~
NA I Attachments
Locator Map
Costs:
Total
111,020
Current FY
111,020
Funding Source:
CI X
OP
Other
Submitted by: .". d ~ j J
City Manager ~ ~
Appropriation Code: 315-96149-560100-539-000
o Printed on recycled paper S:pwa on pwallengln/word/agenda/GlonOaksPurchaso-Martln agn 0103,doc
Rev. 2198
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Clearwater City Commission
Agenda Cover ivlemorandum
Worksession Item #: PUJ.L
Final Agenda Item # I C\
Meeting Date: 2-20- 03
SUBJECT/RECOMMENDA TION:
Review Annual Report of Transfer of Development Rights (TORs) Pursuant to Reporting Requirement
of Community Development Code.
o and that the appropriate officials be authorized to execute same.
SUMMARY:
Pursuant to Community Development Code Section 4-1403(H), a record of transfer of development
rights must be maintained and reported annually to the City Commission and the Pinellas Planning
Council.
The City of Clearwater did not receive any requests for the use of transfer of development rights
during 2002. Only two transfers have been approved since the new Code was adopted in 1999 and
both of those occurred in 1999. Attached please find a log that indicates the location of properties
that previously used TORs and the number of units transferred to these sites.
Reviewed by:
Legal N/A
Budget N/A
Purchasig N/A
RiskMgmt N/A
Info Srvc
Public Works
DCM/ACM (
Other
N/A
I
Originating Oep .
Gina L. Clayton
User Oepl:
Planning
Attachments
TOR Tracking Chart
Costs
Total
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Current FY
Funding Source:
CI
OP
Other
Submitted by: 'L).A.
City Manager T'JcJU
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A ro riation Code:
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Clear\\'at~r City Commission
Agenda Cover i\lellloranclulll
Final Agenda Item ;:
,.-' . ---
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Meeting Date
2/20/03
SUBJECT/RECOMMENDATION: Authorize the City Attorney to allocate an additional $40,000
in the defense of the City and James Wood in the case of Palisano v, City, for a total amount of
$120,000.
and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City of Clearwater was served with a lawsuit alleging that Ms. Palisano's civil rights were
violated.
. The City Attorney has assigned defense of this lawsuit as it pertains to the City and James
Wood to Deborah Crumbley, Esq., of the lawfirm of Thompson, Sizemore & Gonzalez. The
initial budget was estimated at $40,000 for defense of this case. An additional $40,000 was
allocated in November 2002.
. The Plaintiff's attorney has conducted extremely extensive discovery, including a large number
of witness depositions in this case, which has resulted in more expenses incurred than
originally anticipated.
. It is estimated that an additional $40,000 is necessary for the ongoing defense of this case as
it pertains to the City and James Wood.
. The funding of $40,000 will come out of the City Attorney's professional services budget.
Reviewed by: Originating Oept:
legal ~ tvi b J
Info Tech NA Legal' 'IJ
Budget -
Public Works NA User Oept.
Purchasin -
DCM/ACM Legal
g - -
Risk Mgmt NA Other NA Attachments
- < -
Costs $120,000.00
(estimated)
Total
Funding Source: 40,000
CapltollmprovomOnl Current Fiscal Year
Oporaling X
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Submitted by:
City Manager
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U Printed on recycled paper
2/98
o None
Appropriation Code:
010-09600-530100-514-000
Rev.
Clear\\'ater Cit,. Commission
Agenda Cover r'v1emomndllm
Worksession Item #: Dc) I
Final Agenda Item # ~ \
Meeting Date: Feb. 20. 2003
SUBJECT/RECOMMENDA TION:
Adopt Resolution No. 03-07, to file a demolition lien for a total cost of 519,785.72 on the property
located at 11 eo Cleveland Street; Legal Description: Gibson's Clearwater Heights Lots 4 to 8
included (Owner of record: S & P Properties, 2303 151 St. E., Bradenton, Florida).
Wand that the appropriate officials be authorized to execute same.
SUMMARY:
On April 6, 2001, the City's Building Official determined that the commercial structure located at 1180
Cleveland Street was unsafe, unsanitary, unfit for human habitation, was dangerous and detrimental
to the health, safety, and general welfare of the community, and therefore, did not comply with the
requirements of the Clearwater Code of Ordinances and the Standard Building Code. The property
owner was notified, however, the owner did not abate the unsafe conditions within a specified time
period. After taking the required legal steps, the City hired a contractor and the structure was
demolished on December 27, 2002.
Staff recommends approval of attached Resolution no. 03-07, which allows a lien to be placed on the
property in the amount of $19,785.72 for all of the costs incurred by the City after ordering the owner
to abate a dangerous structure at 1180 Cleveland Street.
NfA
Costs:
Reviewed by:
Legal 'f/~' 1
! '!~J
Budget JUA.
Purchasing N/A
Info Srvc
Total
Public Works
DCM/ACM
~;
~LI
Current FY
Funding Source:
CI
Risk Mgmt N/A
Other
OP
Other
Submitted by: ~ ..6 j J
City Manager ~ ~J~-d'
J Printed on recycled paper
o None
A ro riation Code:
~ Clearwater
o
In~eroffice Correspondence Sheet
j. -.)
From:
Leslie Dougall-Sides, Assistant City Attorne~~; l I \J !<!' I U !"; .\~ L. ','
Kevin Garriott, Building Official
To:
Subject:
Demolition lien - 1180 Cleveland Street, Clearwater, Florida 33755
Date:
January 3, 2003
We have attached Resolution No. 03-07 to file a demotion lien on the above property. This
property was demolished without the filing of a Waiver of Notice and Hearing, As a result, all
costs were incurred by the City.
The demolition was completed on December 31, 2002. Attachment "A" is included
containing an itemization of the expenses incurred in this demolition.
The Notice of Violation, title search, and other notices are included.
Resolution No, 03 -07
RF,SOI.l JTION NO. 0].07
A RESOLUTION OF THE CITY OF CLEAR WATER, FLORIDA,
ASSESSING CERTAIN REAL PROPERTY LOCATED IN
GIBSONS CLEARWATER HEIGHTS, CLEARWATER,
FLORIDA. HAVING A POST OFFICE ADDRESS OF 1180
CLEVELAND STREET, CLEARWATER, FLORIDA. AS
DESCRIBED MORE PARTICULARL Y HEREIN, IN THE
AMOUNT OF $19,785,72 FOR THE COSTS INCURRED BY
THE CITY ORDERING THE OWNER TO ABA TE A
DANGEROUS STRUCTURE.
WHEREAS, pursuant to Chapter 47 of the Clearwater Code of Ordinances and the Standard
Building Code, the Building Official detcrmined 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 comply with the
requirements of said Code before expenscs were incurred; and
WHEREAS, the City of Clearwater and the owner have caused the abatement of the unsafe
building, and the City's costs of such work should now be assessed as a lien on behalf of the City of
Clearwater against the property; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1 The Building Official having ordered the abatement of the unsafe building
situated on the following described property:
Gibson's Clearwater Heights Lots 4 to 8 incl.
(Parcel Number 15-29-15-30798-000-0040 ).
Ovmer of record:
S & P Properties
2303 1 st S1. E.
Bradenton, FL 34208
and the City of Clearwater having now completed said work, the City COIrunission does hereby
assess and charge a lien on behalf of the City of Clearwater against the property for the necessary
costs incurred as follows:
TOT AL DEMOLITION COSTS
(See Attachment "A")
$19,785.72
Resolution No. 03-07
~ection? As soon as practicable, a Certificate of Indebtedness against the property for the
amount of assessment shall be prepared, which certificate shall constitute a lien prior to all other
liens except the lien for taxes. Said certificate, when issued, shall be payable to the City with
interest at a rate of eight percent (10%) per annum.
~ection 1 The City Clerk is hereby directed to prepare a Notice of Lien in the amount of
the assessment against said property, and to record the same in the Public Records of Pinellas
County, Florida,
~ection 4 This resolution shall take effect immediately upon adoption,
PASSED AND ADOPTED this
day of
,2003,
Attest:
Brian J. Aungst
Mayor-Commissioner
Approved as to fonn:
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 03-07
ATTACHMENT "A"
Resolution 03-07
( 1180 Cleveland Street - Clearwater, Florida)
TASK
TIMR
NALOL - (Pinellas County Records for ownership)
Various correspondence and telephone calls
Purchase requisitions
Take photographs
TOTAL HOURS
38.5
RXPF.NSRS
AMOIJNT
Thirty Eight and a Half(38,5) hours @ $53.00 per hour
Film, developing, and prints
Filing of Legal Papers
Certified Mail and regular postage
Title Search - Fidelity National Title
Asbestos Survey - M & A Technologies Inc..
Asbestos Removal - Lang Engineering of Florida
Air Monitoring of Demolition and Removal- M & A Technologies, Inc.
Advertisement
Securing Structure
Demolition (Terra Excavating)
$2,040.50
22.92
30,00
14,91
150.00
840,00
N/A
1,050,00
55.60
7,609.79
8,002,00
TOTAL EXPENSES
$19,815.72
LIEN AMOUNT
$19,815.72
Resolution No, 03-07
Final Agenda Item #
JTI
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Cleanvater City Commission
Agenda Cover Memorandum
Worksession Item #
Meeting Date: 2120103
SUBJECT/RECOMMENDA TION:
Award a contract to install conduit, fiber optic cable and termination equipment for the City's data network to
Dolphin Communications Services, Inc., St. Petersburg, FL, for an amount not to exceed $300,000 in accordance
with Sec 2.564 (1 )(e), Code of Ordinance;
[g] and that the appropriate officials be authorized to execute same.
SUMMARY:
· High-speed network connectivity between city facilities is becoming increasingly necessary to conduct business
and meet expected service levels. Connectivity between facilities in the downtown area is currently achieved by
leasing infrastructure from a local telecommunications provider. Annual lease costs exceed $65,000 to maintain
connectivity between the City's nine downtown facilities for voice and data requirements.
· The fiber loop will be installed to connect the following facilities: Municipal Services Building, Police Building, Fire
Station 45, City Hall, Harborview Center, Main Library, Gas Administration Building, Graphics Building and the
Engineering Field Office.
· The project will include installation of three (3) 1.25" poly-duct conduits, a 24 count (12 pair) single-mode fiber
loop, and all termination and routing equipment at each facility.
· The new fiber ring will support all voice, data and video needs between the facilities located on the loop.
· This project represents the first phase in the development of a private fiber optic network for City operations.
Savings from the elimination of leased infrastructure will be used to finance subsequent phases of this project
over the next 2-3 years. A formal presentation of proposed financing will be presented later this fiscal year for
commission review and approval.
· Capital project 315-94729, City-wide Infrastructure Connectivity, has a current available balance of $279,000 for
this contract. First quarter amendments will reflect additional transfers of $6,000 from the Fleet Services
operating budget and $15,000 from the Harborview Center operating budget.
· The expected construction time is approximately 4 months, including acquisition of all permits and construction,
with a tentative cut-over date of July 1, 2003.
Reviewed bY:1rA,.
Legal (~,..._
\
Budget ~
,. Purchasing ~^w
. Risk Mgmt NI
i Finance
Info Srvc
Public Works _~_
OCM/ACM ~ -t--Gl.
Other N/A
Costs
Total $ 300,000
Current FY
$ 300,000
Funding Source:
CIP X
OP
Other
,&'4' J4,.~....~
~ ....... ""'-'
o None
315.94729-530300-519-000
Rev. 3/98
.jL{.
)-'J-
Dolphin Communications Services Incorporated
Proposal For
City of Clearwater
Downtown Fiber Ring
Project # 10071
Revised 1/7/03
Statement of Work
Dolphin Communications Services Incorporated (DCSI) will provide all labor and
materials necessary to install a New (24) Strand Single Mode Fiber Optic Backbone
for citywide communications supporting voice, data and video applications to any
facility in this new fiber ring. This new fiber optic cable will be installed between
specified city facilities to complete the city's proposed Downtown Fiber Ring. This
New Downtown Fiber Ring will serve many purposes; such as providing privately
owned communications in a stable environment (installed in underground conduit)
where security is at a premium and city staff are available to respond to problems
in a moments notice as they occur; having a fully redundant, fault tolerant system
(Fiber Ring) to eliminate downtime with voice communications or critical data
applications; and unlimited bandwidth to serve your voice, data and video
applications for virtually all you may want to do today or down the road as your
requirements grow. This new Downtown Fiber Ring will eliminate the need to pay
monthly tolls and Local Exchange (LEC) fees to many of your current facilities
requiring voice, data and video connectivity, In fact, with the ability to grow this
network far into the future, this system can prove to pay for itself through reduced
downtime, controlled growth, and the ability to lease space and/or bandwidth at
the city's discretion,
All proposed routes have been verified and coordinated with the city's Engineering
Department to assure that proper permitting and access to the facilities being
proposed can be accomplished. DCSI will work with Engineering to provide all
necessary drawings, right of way specifications and general conditions, which may
be required during the permitting process. All work will be coordinated with the
City of Clearwater IT staff and other specified City of Clearwater representatives,
General Overview
DCSI will provide the following:
. cabling installation services for the City of Clearwater as specified by the information provided
to DCSI during our initial walk through, various meetings and conversations taken place since
this date.
. all products and services in accordance with EIA/TIA specifications for a complete structured
connectivity system under BICSI guidelines.
. all necessary labor and materials for fiber optic cabling as specified and will warrant it's
installation to be free from defects in materials and workmanship for a period of (5) years from
date of acceptance and approval from the City of Clearwater and the City of Clearwater IT
Management.
. specifications of all products and materials used to assure the city that additional items can be
procured, without delay, when needed.
. a full list of manufacturer's warranties to further assure that the products being specified are
supported and maintained under the manufacturer's guidelines.
. a list of local mClnufacturer contacts to be at the city's beckoned call for updates and revisions
of the products being specified.
. a list of preferred product items, which may be procured as spares and available to be installed
in case of emergency.
· a single point of contact for all cabling installation services throughout the project
implementation and will provide the City of Clearwater with daily updates of the project's
progress as scheduled,
c'
. the City of Clearwater with "As-Builts" as a road map of the final cable plant for it's internal use
as needed.
. complete training on the system being installed to better understand how to maximize the
current investment and take advantage of the future capabilities being planned,
Scope of Work
DCSI will install a (24) strand single mode fiber optic backbone to complete the proposed
Downtown Fiber Ring as specified by the City of Clearwater. This new fiber will be installed from
the Clearwater Municipal Services Building (MSB) to the proposed city buildings and terminate
accordingly, The only Exception to this will be the MSB to the City Engineering Building, which will
be a temporary installation of (12) strand single mode fiber optic backbone, installed aerially, until
permanent access via underground conduit from the Traffic Department can be provided, All other
cabling will be installed via underground conduit installed and supported by DCS!.
The underground conduit system will be a (3) 1 1/4" poly-duct system with underground pull boxes
installed at specific locations to provide access as needed. City approved routing and right of way
will be used for all conduit and cabling being installed, Building entrances will be provided for each
facility with EMT conduit installed from each entrance to the specified communication s closet.
Alternate building entrances will be used for fiber optic cabling where available and specified, All
products and services will be installed under current BICSI guidelines,
DCSI will provide connectivity directly to the city provided equipment and terminate accordingly,
All fibers will terminate with single mode "ST" fiber optic connectors, unless otherwise specified by
the City of Clearwater IT staff, All fibers will terminate in a wall mount or rack mount fiber cabinet
as specified for immediate use, All terminations will be tested for client approval. Duplex fiber optic
assemblies have been provided for the fiber backbone connection to the city provided equipment.
Connector specifications for the duplex fiber assemblies will be determ ined at the time of
installation to accommodate the system equipment being supported,
DCS! will coordinate with the City of Clearwater IT Department & Staff for all fiber optic runs being
recommended and will schedule the installation of each specific section based on the current
priorities of the IT management and staff,
Site Specifications
Engineering Department, DCS! will install (2) forty-eight port fiber optic cabinets to support
incoming (24) strand single mode fiber optic cable from the MSB and (24) strand single mode fiber
optic cable outgoing to the Gas Department. The initial installation will be (12) strand single mode
fiber optic cable installed aerially from the MSB, and will Include the (24) strand fiber once the
Traffic Department underground conduit system has been installed,
Gas Department, DCS! will install (2) forty-eight port fiber optic cabinets to support incoming
(24) strand single mode fiber optic cable from the Engineering Department, (24) strand single
mode fiber optic cable outgoing to the Graphics Department and (24) strand single mode fiber
optic cable outgoing to the New City Library, The conduit system within the Gas / Graphics
Complex will be installed in conjunction with the Gas Department's approved Hazardous Materials
contractor as specified.
Graphics Department, DCS! will install (1) twenty-four port fiber optic cabinet to su pport
incoming (24) strand single mode fiber optic cable from the Gas Department.
New City Library, DCS! will install (1) forty-eight port fiber optic cabinet to support incoming (24)
strand single mode fiber optic cable from the Gas Department and (24) strand single mode fiber
optic cable outgoing to the Harborview Center,
Harborview Center, DCS! will install (1) forty-eight port fiber optic cabinet to support incoming
(24) strand single mode fiber optic cable from the New City Library and (24) strand single mode
fiber optic cable outgoing to City Hall,
City Hall, DCSI will install (1) forty-eight port fiber optic cabinet to support incoming (24) strand
single mode fiber optic cable from the Harborview Center and (24) strand single mode fiber optic
cable outgoing to the MSB, Existing conduit already in place ',\lill be utilized for the fiber run
between the MSB and City Hall.
MSB, DCS! will install (2) forty-eight port fiber optic cabinets to support the incoming fibers from
the City Hall and Engineering Department, This will include both the (12) strand fiber and the (24)
strand fibers coming from the city's Engineering Department.
Pricing Schedule
1. Total Labor and Related Expenses for
Myrtle Avenue Directional Bore
$ 16,779
2. Total Labor and Related Expenses for
Gas, Engineering and Graphics Conduit System
$ 17,143
3. Total Labor and Related Expenses for
Engineering to Gas and Gas to Graphics
Fiber Cabling (24 SM)
$ 13,688
4. Total Labor and Related Expenses for
MSB to Engineering Aerial Fiber Cabling (12 SM)
$ 17,052
5. Total Labor and Related Expenses for
MSB to City Hall Fiber Cabling (24 SM)
$ 14,886
6. Total Labor and Related Expenses for
City Hall to Harborview Center and Library
Fiber Cabling (24 SM)
$ 95,835
7. Total Labor and Related Expenses for
Library to Gas Directional Bore
$ 87,721
8. Total Labor and Related Expenses for
Library to Gas Fiber Cabling (24 SM)
$ 17,027
9. Total Labor and Related Expenses for
MSB to Engineering Fiber Replacement (24 SM)
$ 15,353
10.Total Labor and Equipment Related to
Telecommunications Connection Between
MSB and Gas Administration
$ 3.000
Total Labor and Related Expenses Extended Cost
$298,484
(~~~~--~
.... -- {!ir~
~~~..~
~An" ,
Clearwater City Commission
Agenda Coyer Memorandum
Worksession Item #: LA I
:-' ':>"'-
Final Agenda Item # Cf\ _.J
Meeting Date: Feb. 20. 2003
SUBJECT/RECOMMENDATION: Adopt Resolution 03-10, consenting to a leasehold mortgage
entered into by PACT, Inc. and Bank of America to finance current construction on Ruth Eckerd Hall.
[8 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The City entered into a Lease and a Facility Use Agreement with PACT, Inc., both dated
March 7, 2001.
. The Lease requires prior City approval of any leasehold mortgage by PACT.
. The City of Clearwater consented to a leasehold mortgage in the amount of $5,000,000
entered into by PACT, Inc. and Bank of America in April of 2001.
. PACT, Inc. now desires to secure additional institutional financing in the amount of $8,193,206
for current construction and has secured a commitment from Bank of America.
. Leasehold Mortgage, Assignment of Rents and Security Agreement (Exhibit A of Resolution
03-10) is available for review in the Official Records and Legislative Services Department.
Reviewed by:
Legal L
Budget ~
Purchasing N/A
Info Srvc
N/A
Originating Dept.:
Legal ..Qj L J'.
User Dept.:
Parks & Recreation
Costs
Total -0-
Public Works
DCM/ACM
N/A
Current
FY
Funding Source:
CI
Risk Mgmt N/A
Other - .
~~., c::"l"-8!f\"....... ~
Attachments
OP
Res. 03-10
Other
Submitted by:
City Manager
o None
Aoorooriation Code:
RESOLUTION NO. 03-10
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA, APPROVING THE LEASEHOLD MORTGAGE
ENTERED INTO BY PACT, INC., WITH BANK OF
AMERICA; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City entered into a Lease and a Facility Use Agreement with
PACT both dated March 7, 2001; and
WHEREAS, said the Lease requires prior City approval of any mortgage by
PACT; and
WHEREAS, the City of Clearwater consented to a leasehold mortgage in the
amount of $5,000,000 entered into by PACT, Inc. and Bank of America in April of 2001;
and
WHEREAS, PACT, Inc. now desires to secure additional institutional financing
for current construction and has secured a commitment from Sank of America; now,
therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Pursuant to Section 16 of the March 7, 2001, Lease Agreement
between PACT, Inc., and the City of Clearwater, the City Commission hereby consents
to the leasehold mortgage entered into by PACT, Inc., and the Bank of America to the
extent that it shall not modify or nullify any terms, provisions, covenants, conditions or
obligations of the lease. A copy of said leasehold mortgage is attached hereto as
Exhibit A. By approval hereof, the City of Clearwater is not subordinating its fee
interest in the leasehold property so mortgaged.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst, Mayor-Commissioner
Attest:
Approved as to form:
Qv/tl
Pamela K. Akin, City Attorney
Cynthia E. Goudeau, City Clerk
Resolution No. 03-10
( A I 11_, " J-:z.
JU. - .r' L...->
This Instnullcnt Was Prepared By/
Record and Retul11 To:
Mark E. Raymond, Esq.
p.o. Box 3888
West Palm Beach, FL 33402
LEASEHOLD MORTGAGE, ASSIGNMENT OF RENTS AND SECURITY AGREEMENT
'nlis documcnt is excmpt from the excise tax on documents and the intangible personal property tax
pursuant to Section 159.50, Florida Statutes.
.
li\BLE OF CONTENTS
Pagc
ARTICLE I
DEFINITIONS, I IE^DINCiS. RULES OF
CONSTRUCTION ^ND SECURITY AGREEivtENT , . . . . . . . . . . . . . . . . . . . . . . . . . . . I
1.1 Definitions........................................................... 1
1.2. Rulcs ofConstl1lction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . 6
1.3. Scc\lIity A!;rcclllcnt ................................................. 6
ARTICLE 11
GItt\NT .............................................................,. 6
2.1. (jnlnt. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . 6
2.2 Condition of Grant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 7
2.3 Subrogation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
^RTICLE III
ASSIGNMENT OF LEASES AND RENTS .................,................. 7
3.1 AssignlTIcnl. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
3.2 Paymcnt of Rcnts to Mortgagor, as tmstcc. until Delimit ...................... 7
3.3 Provisions of Lcascs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.4 No Obligation of Mortgagee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . S
3.5 Cumulative Rcmcdics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
3.6 Notification of Mortgagee's Rights .........,............................8
3.7 Attonley-in-Fact. , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . 8
3.8 Other Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . 8
3.9 Section 697.07 of the Florida Statutes ....,........................,..... S
ARTICLE IV
REPRESENTATIONS AND WARRANTIES ... . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . 9
4.1 TItle .. . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . 9
4.2 Represcntations and Warrantics in Other Documents. . . . . . . . . . . . . . . . . . . . , . . . . 9
4.3 Reliance on Representations. . . . . . . . , , . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . .9
A RTICLE V
AFFIRMATIVE COVENANTS ....... ,. . . . . . . , . . , . . . . , . . . . . . . . , . . . .. . . . . . . . 9
5.1 Payment and Pcrfol1llancc ............................................9
~ ')
).-
5.3
5,4
5.5
5.6
5.7
5.~
5.9
5.1 ()
5.1 I
5.12
5.13
5.14
5. 15
5.16
5.17
5.18
5.1l)
5.20
5.2 I
5.22
5.23
5.24
ARTICLE VI
Existence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l)
Compliance With Laws .............................................. l)
hnpositions ...................................................... I ()
Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I ()
Restoration Following Casualty. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 I
Condelllnation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
'1:1x and I nsurance Escrow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Repair '" . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Inspection ....................................................... 13
Contest of Tax Assessments. Etc ..................................... . 13
Expenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I 3
Preservation of Agreements ...................... . . . . . . . . . . . . . . . . . . . . 14
Books and Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Estoppel A ITidavits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Indemnification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Further Assurances ................................................ 14
Junior tvt0l1gage(sl and Rights or tvtortgagec . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Financing Statements ................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
Withholding l;\xes ................................................. 16
Hazardous Material ............... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I (J
Financial Reports. Etc ..............................................] 7
Perfonnance of Related Documents .., . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . I R
Pcrfonnancc of Other Altrecmellts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
NEGATIVE COVENANTS ............................................... IS
6.1 Use Violations. Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . IS
6.2 Care of the Mortgaged Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., . 1 S
6.3 Other Liens and M0I1gages .......................................... 19
6.4 Tmnsfer of Mortgaged Propel1y . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
6.5 Tmnsfer of Other Assets. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . 19
6.6 Environmental Contmninatiolvlla7.ardous Material. . . . . . . . . . . . , . . . . . . . . . . . . . 20
ARTICLE VII
EVENTS OF DEFAULT. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . .20
7. I Events of DcG1ult .................................................. 20
ARTICLE VIll
RIGHTS AND REMEDIES ...........,.,.......................,.........2 I
S. I Rernedics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . .21
ii
8.2 Remedies Cumulative and ('onCUITcnt . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . 24
8.3 Waivcr: Delav or Omission. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
S.4 Credit or rvtol1gagee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
X.5 Sale. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
X,() Proofs of Claim .......................... . . . . . . . . . . . . . . . . . . . . . . . . . 24
S.7 Waivcr or Rcdemption. :\otkc. rv1arshalling. FIC . . . . . . . . . . . . . . . . . . . ., . . . . . .2S
S.X !1nplication of Procecds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
X.9 Discontinuance of Prm:ccdings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
8.10 l'vlortgagce's Actions ............................................... 25
8.11 Mortgagee's Conscnt . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
ARTICLE IX
MORTGAGEE'S PERFORM^~CE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2h
9.1 Ciovemmental Re!.!ulation of MOl1gagec ................................. 26
9.2 rv1oI1~agce's Failurc to Perforl11 ....................................... 26
9.3 Mortgagor's Rights and Remedies. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2()
ARTICLE X
rvllSCELLANEOUS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
10.1 Maximum Rate of Interest ........................................... 26
10.2 Continuing Agreemcnt .............................................. 27
10.3 SlIIvival of Wan' an ties and Covcnants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
10.4 No Represcntation By tvlor1gagce ...,................................. 27
10.5 Notice.. . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
10.6 M0l1gagec's Right to Pay and Perforl11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
10.7 Covcnants Running With the 1--,lI1d ..................................... 28
10.8 Successors and Assigns ............................................. 28
10.9 Invalidity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . 28
10.10 Modification...................................................... 28
10.11 Applicable Law. . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28
10.12 Strict Perlonnance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . 28
J 0.13 Arbitration and Waiver of JUI)' 11'ial .................................... 28
J 0.15 Provisions Relating to the Sitc Lcasc .............. . . . . . . . . . . . . . . . . . . . . . . 29
III
MORTGACiE. ASSJ(iN~\'IENT OF RENTS :\:-\D SECURITY ACiREEl'. lENT
TillS LEASEIIOLD j,IORTCiACiE. ASSICi:\\IENT OF RENTS :\ND SECCRITY
:\GREEr\'IENT (this "r\'10I1~al!e"). i.-; made as ufthe da\' of . 2()()~ b\' PACT Inc. (the
........ - .. .. -.....--.-.....
'j.\jQ!1gUglJl':'). as m0l1gagor and debtor. whose principal place ofbusiness is IIII 1\ Ie :-vlullen Booth Road.
Clearwater. Florida 33759. to 13.;!nk of America. N.:\. (the "MoI1gagee"1. as m0l1gagee and secured
party, whose address is l)OOO Southside Boulevard. Building 100. Jacksonville. Florida 32256.
WIIEREAS, pursuant to the telms of that cel1ain Trust Indenture dated as of I. 20m.
(the "Imlenture") by and between Pil1ellas COWlly Jndustrial De\:c1opmenl ^uthOli~'. a public body
corporate and politic of the State of Florida (l!!..~ "!;;5J!t;'.() and , as 'Ihlstee (the
'Trustee"). the Issuer has issued its S Re\'Cnue Bonds (P:\Cl~ Inc. Projcct), Series 2003
(the "Bonds").
WI IEREAS, pur~\Iant to the tenl1S of that cel1ain Loan Agreement dated as or 1.20D3
(the "Loan Agreement") by and between the Issuer and the ~ IOJ1gagor. the Issuer has loaned the proceeds
deli\'ed fi"ml1 the sale of the Bonds to the rvlOJ1gagor (the "Loan") for the pUlpOSCS of (i) linancing cel1ain
costs of constlllction and cquipping ofan expansion ofa pert()Jllling al1s center owned by the M0I1gagor,
which is located in Pine lias County, Florida (the "Project") and (ii) paying costs associated with thc
issuance of the Bonds; ,md
WIIEREAS, as a condition precedent to the issuance of the Bonds and the making of the Loan to
the rv10rtgagor, the Jssuer has required that the Mor1gagor deliver or cause to be deli "ered to the lhlstec,
for the benefit of the holders of said Bonds. an ilTcvocable letter of credit to seclII'e the payment of the
principal of and interest on the Bonds and to provide for the paymcnt of the plll'chase price thereof in
accordance with the tenns of the Indenture; and
WI IEREAS, the Mortgagor has requested that the B;mk issue its Ictter of credit to the Tl11stee, f()!"
the account of the M0I1gagor (said Lclter of Credit. together with any substitute Leiter of Credit and any
extensions thereof or substitutions thereot~ being herein called the "Leiter orCredit") in the initial amount
of$ and the B,mk has agreed to issue such Leiter of Credit upon and subject to the tenns,
provisions and conditions set forth in a Letter or Crcdit and Reimbursement Agrcement dated as of
I, 2003, betwecn the M0I1gagor and the t-.1ortgagee (the II Reimbursement Agreemcnt");
NOW, THEREFORE, in considenltion of the foregoing and the issuance of the Lctter of Credit,
M0I1gagor docs hereby agree as follows:
ARTICLE I
DEFINITIONS, HEADINGS. RULES OF
CONSTRUCTION AND SECURITY :\GREEMEi'-:T
2
1.1 Dclinitions. Tenns used in this 7\'lol1gage and 1I0t otherwise de lined herein shall haw the
meanings ascribed thereto pursuant to thc RcimburscmCI1l Agreemcnt. In addition. as used in this ~ I011gage
and in the exhibits attached hcrcto. thc fiJllowing tellns shall have the Il1110wing meanings herein sJ1L'cj lied.
such dcfinition to bc applicable equally to the singular and plural limns of such tCIllK
(a) Environmcntal Claim: ^ny invcstigativc. cnforccmcnt. c1canup. rcmoval.
containmcnt. rcmcdial or othcr Plivatc or govcrnmcntal or regulatOl)' action at any time threatened.
instituted or completed pursuant to any applicahle Environmental Requircmcnt. against ivl011gagor or
against or with respect to thc M0l1gaged Propcrty. or any condition. use or activity on thc i\lol1gagcd
Propel1y (including any such action against MOI1gagce). and any claim at any timc threatened or made hy
any person against M0l1gagor or against or with respect to thc M0I1gagcd Propel1y or any condition. use
or activity on the M0I1gaged Propcl1y (including any such claim against M0I1gagcel. relating to damage.
contribution, cost recovery. compensation. loss or injury resulting Ii'om or in any way alising in connection
with any Hazardous MalClial or any Environmcntal Requirement.
(b) Environmental Law: Any federal. statc or lorallaw. statutc. ordinance, code. mle.
re!:,'ulation, license. authorization, dccision. order. il~junction, dccrec. or mle or common law. and any
judicial or agency intc'lJrctatioll or any ofthc foregoing. which pel1ains to health. safely. any I hV..ardous
Material. or thc environment (including but not limitcd to ground or air or watcr or noisc pollution or
contamination, and underground or abovc ground tanks).
(c) Environmcntal Rcquircmcnt: ^ny Environmcntal Law, agrccment or restriction
(including but not limited to any condition or requirement imposed by any insurancc or surety company),
as thc samc no\\' exists or may be changed or amendcd or come into eflcct in the I'i.lture, which pertains to
health. safcty, any Hazardous Material. or the cnvironmcnt. including but not limited to ground or air or
water or noisc pollution or contamination, and underground or above ground tanks.
(d) Events of De filll It: Those evcnts described in Article VII hcreoC
(e) Fixtures: All property and equipment now owned or hercafter acquired by
M0I1gagor and now or hereaftcr locatcd under, on, or above thc Land. whether or not pcllllancntly aflixcd,
which. to thc filllest cxtent pCllllittcd byapplicablc law in clTcct fium timc to timc. shall be decmed fixtures
and a pat1 of the Land.
(I) Govemmcntal Authority: ^ny (domcstic or forcign) federal, state. county,
municipal or other govelllmental dcpartment, entity. authority. commission, board. bureau, comt. agency
or any instnullcntality of any of them.
(g) Govemmcntal Rcquirement: ^ny law, cnactmcnt, statute. codc, ordinance. order.
mle, regulation. judgment, decrec, writ, injunction. lranehise, pe1l11it. cCltificatc, licensc, authOlizalion. or
other dircction or requiremcnt of any Govelllmcntal Authority now existing or herca ficr enacted. adopt cd,
promulgatcd, cntercd. or issued applicable to Mortgagee. Mortgagor or the Mot1gaged Property. including,
without limitation. any Environmcntal Law.
3
(h) Haz.:udous I\bterial: Any substance. whether solid. liquid or gaseous which is
listed. defined or rcgubted as a "hazardous substance." "hazardous waste." or "solid waste." or pesticide
or otherwise c1assi tied as hazardous or toxic. in or pur~uant to any Environmental Requirement; or which
is or contains asbestos, radon. any polychlOlinated biphenyl. urea fOllllaldehyck fnam insulation. explosive
or radioactive matelial. or motor Il.lel or other petroleum hydrocarbons; which causes or poses a threat to
cause a contamination or nuisancc on the t\'lortgaged Propcl1yor any adjacent pwpertyor a hazard to the
l'nvironmel1t or to the health or salety of persons on the M0I1gaged Propel1y.
(i) Impositions: All (i) real estate ami personal propel1y taxes and other taxes and
assessments. public or private; utility rates and charges including those for watcr and scwer; all other
govell1J11ental and non-govemmental charges and any interest or costs or penalties with respect to any of
the foregoing: and charges for any public improvement. casement or agreement maintained for the benefit
of or in\'ol\ing the Mortgaged Propen)'. general and special. ordinary and extraordinary. fnreseen and
unfi.lreseen, of any kind and nature whatsoever that at any time prior to or alkr the execution of this
ivl0l1gage may la\\'fI.1I1)' be assessed, le\'ied or impnsed upon the M0I1gaged Property nr the Rent or
income received therefrom. or any use or occupancy thereot: (ii) other taxes. assessments. fees and
govell1J11ental and non-govemmental charges levied, imposed or assessed upon or against i\'t0l1gagor or
any of its propenies ,Uld (iii) taxes levied or assessed upon this M011gage. the Letter of Credit, the
Reimburscment Agreement. the Related Documents and the other Obligations. or any of them.
(j) Improvements: All buildings. stl1lctures. appm1enances allll improvements,
including all additions thereto and replacements and extensions thereof~ now constl1lctcd or hereafter to
be constmcted undcr, on or abovc the Land, which tenn includes any part thep.::of.
(k) Junior Mottgagc: Any m0l1gage pell11ittcd hereby or by M011gagee which now
or hereafter encumbers all or any pOltion of the M011gaged Propel1y ,md which is junior or subordinate
to the licn of this MOltgage, which tell11 shall collectively rcfer to all ~l.lch mOltgages and thc notc or notcs
secured thcreby.
(I) ulIld: The rcal property desclibcd in Exhibit "A" attached hereto and made a palt
hcreof, togctherwithall rights, privileges, tenements, hereditaments. lights-oC-wa): casements. appendages.
projections, appmtenances, water rights including ripalian and littoral rights, streets. ways, alleys. and stl;PS
and gores of land now or hercaficr in anyway belonging. a(ljoining. crossing or pertaining to thc Land.
(m) Leases: Any and all leases. subleases. licenses. concessions, or grants of other
possessory intercsts. together with the security therefor, now or hereafier in lorce. oral or \\litten, coveling
or affecting the Mortgaged Propeny or any part thereof.
(n) M0l1gaged Property: The Mortgagor's interest III the LamJ, Improvements,
Fixtures. Leases, Rcnts and Personal Property together with:
(i) all judgments. awards of damages and settlements hereafter made resulting
from condemnation proceedings or the taking oC the Mortgaged Propelty or any par1 thereoC under the
.t
power of eminent domain. or by agrecmcnt in lieu thcreof: or for any damage thereto caused by any
govell1mental action (whether by such laking or otherwise). such as without limitation. any award Il.)r
change of grade of streets:
(ii) all judgments. awards and settlements hereafter made. and all insurance
proceeds herealier paid ll.)r any damage to the MOllgagcd Property. and all uncamcd insurance premiums
on any insumnce policies maintained by the M0I1gagor pursuant to this MOIlgage:
(iii) all awards and refunds hereafter madc with respect to any Imposition; and
(iv) the estate, light. title. interest, plivilegc, claim or demand whatsoever of
Mortgagor, now or hereafter. either at law or in equit)~ in and to the M0l1gaged Property.
The tel111 MOllgaged Propcl1y includes any pm1 of the foregoing propelly described as M0I1gagcd
Propcrty. and all procccds. products, replacements. improvcments, bcttCI111cnts, cxtcll"ions. additions.
substitutions, renewals. accessolies. and appurtcnances thereto and thereof
(0) ivtollgagee: Bank of Amclica. N.A. and its succcssors and assigns.
(p) ivtortgagor: PACT, Inc.
(q) Obligations: Any and all of the indcbtedncss, liabilities. covenants. promises.
agreements, tenns, conditions, and other obligations of every nature whatsoever. whether joint or seveml.
direct or indirect, absolutc or contingent, liquidated or unliquidated. o I'M Ollgagor to ivtOllgagee, evidenced
by, secured by, under mld as set forth in the Reimbursement Agreement, this tvtortgage or the othcr Related
Documcnts.
(r) Partnership: Any general or limited partncrship. joint vcnturc. or othcr ll.mll of
partncrship, howsoever designatcd.
(s) Pennitted TItlc Exccptions: Thosc matters, if any, desclibcd in a title repoll
provided to Bank of Amcrica. N.A. (the "Bank") plior to the date ofissuance ofthc Lcttcr of Credit and
acknowledged by thc Bank in writing.
(t) Person: Any individual, corporation. pmlncrship, joint venture, association, joint
stock company, tmst, unincorporated organization, govemmcnt. or agency or political subdivision thereat:
or any other fonn of entity.
(1I) Personal Property: All onhe following propcl1y of Mortgagor whcthcr now owned
or existing, or hereaftcr acquired or arising, whcthcr locatcd in, on. pCl1aining to, uscd or intended to be
used in connection with or resulting or created fi'Ol11 the ownership, dcvc1opmcnt, managemcnt, or
operation of the Land or otherwise:
5
(i) alllmpro\'em~nts (to th~ ~xt~nl sam~ are nol deel11ed to he real propel1y)
and landscaping:
Iii)
goods to b~col11c Fixtures:
all Fixtures 110 th~ cxtent sal11e arc not lkemed to be rL'al property) and
(iii) all accounts. accounts recei\'ahle. other receivables. contract rights. chaud
paper. instn1l11ents and documcnts. excluding all Pblgcs: any othcr obligations or indebtcdncss owed to
i\ IOl1gagor fj'OIl1 whatcvcr sourcc ~lI;sing: all rights of ~ 10l1gagor to nxcivc all)' performancc or any
payments inmone)" or kind; all guaranties of the liJregoing and security therclllr; \III of the right. titk ami
il1lcrest of M0I1gagor in and \\'ith n:speelto the goods. services. or other propcrty that gave rise to or that
secure any of the Ilm~going. and alll;ghts ofi\ 1011gagor as an unpaid selicI' o I' goods and serviccs. including.
bllt not limited 10. thc tights to stoppage in transit. rcple\'in. reclamation. and resale:
(iv) all goods. including withoutlimitalion. all machinery. equipment. Illmitun:,
fllmishings. building supplics and matel;als. appliances. busincss machincs. tools. aircrall and motor vchiclcs
of cvery kind and dcsctiption. and all \\'~IJ,.alllies and guaranties Il)r any of the fl)regoing:
(v) all invcntory. mcrchandise. raw matclials. parts, supplics. work-in-proccss
and finished products intended for sale, of cn:ry kind and description. in the custody or posscssion. actual
or constmctive, of l\1011gagor including such invcntory as is tempor.lIily out of the custody or possession
orTvtortgagor. and any rClUms upon any accounts and other proceeds resulting fi"Omthe sale or disposition
of any orthc forcgoing. including. without limitation. raw matetials, work-in-process. amllinished goods;
(vi) all gcneral intangibles. including without limitation. cOll)orate or other
busincss records and books, computer records whcther on tape, disc or otherwise stored. blucptints,
surveys. architectural or cngineering dmwings. plans and spccilications.trademarks.tradcnames. goodwill,
telephone numbcrs. licenscs, govemmental approvals. franchises, pcm1its, payment and performance
bonds, tax refund claims, and agreemcnts with utility companies. together with any deposits, prepaid fces
and charges paid thcreon:
(\ii) all Leases and Rents (to the extent samc arc not deemed to be real
propelty);
(\~ii) all judgments. awards o I' damages and settlemcnts fj'omanycondemnation
or eminent domain proceedings regarding the Land. the Improvements or any of the Mortgaged Propel1y:
(ix) all insurance policies required by this i\'1m1gage. the Reimbursemcnt
Agreement or thc Related Documents, the uncamcd premiums therefor ancl alllos5 proceeds thereot;
(x) all othcr personal propel1y. including \\;thout limitation, managemcnt
contracts. construction contracts. architcctural contracts service contracts. plans ami speci fications,
enginecling contracts, ad\'cl1ising conlracts. contracts for purchase and sale of an)' or the rvtortgaged
6
Property. purchase orders. cquipmcnt Icases, monies in escrow accounts. rescrvation agreements, prepaid
expensc5. deposits and down payments with respect to the sale or rental orany ol'the 7\1011gaged Property.
options and agreemenL-; with respect to additional real property !()r use or L1t:\'c1opment orthe Mortgaged
Property. end-loan commitments. abstracts or title. all brochures, adwl1lsing matelials. condominium
documents and prospcctuscs; and
(xi) all proceeds, products, replacements. additions. bettel111ents. extensions.
improvcmcnts. substitutions. rcncwals and accessions of any and all of the foregoing.
(w) Plcdges: All promises or olher cxpression of intent, including a pledge or
subscliption agreemcnt, whether written or oral. and whether now or hcreaner existing. by any Person to
give. payor contlibutc, whether by intcr vivos gilt. bequest. devise or otherwise, to the Borrower money
or other propcrty lor the Borrower's use.
(x) Rents: All of the rents, myalties, issues. revenues. income, prolits, security deposits
and other benefits whether past due, or now or herealler mising Hum the Mortgaged Property and the
occupancy. use and enjO)lllCnt thereof.
(y) Site Lease: The Lease. dated l'"larch 7, 2001. between City of Clearwater,
Florida. and PACI: Inc., rccorded in OOicial Rccords Book _, Page _, et ill1., Public Rccords of
Pinellas County. Florida.
1.2. Rules ofConstl1lctiOll The use of any gender shall include all other genders. The singular
shall include the plural and the plural shall include the singular. The word "or" is not exclusive and the use
of the word "and" maybe cOI~unctive or di~iunctive in the sole :md absolute discretion of Mortgagee. '111e
captions of Articles, Sections and Subscctions of this M0I1gage arc lor convenient reference only, and shall
not anect the constl1lction or intelpretation of ,my of the tel111S and provisions set fOl1h herein.
I .3. Security ^~rcement. ll1is M0I1gage constitutes a "Security Agreement" within the me:ming
of and shall create a security intercst under the Unifi:mn Commercial Code-Secured Transactions as
adopted by the State of Florida, with respect to the Fixtures. Leases, Rents and Personal Property. ^
carbon, photographic or other reproduct ion 0 fthis M 0I1gagc or 0 f any financing statemcnt shall be sullicient
as a financing statemcnt. The debtor's principal place of busincss and the securcd pal1y's address is set
1011h in the introduction to this Mortgage.
ARTICLE II
GRANT
2.1. Grant. For good and valuable consideration, the receipt and sulliciency of which is hereby
acknowledged, and to secure the payment, obscrvance, perfonnance and discharge of the Obligations,
M0I1gagor does by these presents give, transfer, grant. bargain, sell, alien, remise, release, assign,
mot1gagc. hypothecate, deposit, pledge, set OWl', con linn, convcy and warrant unto rvt0l1gagee all estate,
7
right. titlc.: and interest of Mm1gagor in and to the Site Lease and the 1\1011gagcd Propel1y. whethcr now
owned or held or hereafier aequired by tvlol1gagor. subject. however. to the Permitted 'IItle Exceptions.
to have and to hold the :vlortgaged Property unto M011gagee. its successors and assigns fi.ll'l~Ver.
2.2 ('ondition or (iranl. Slll~iect to the pro\.l~i()ns of this iv1011gage. the condition or these
presents is such that ill\'loI1gagor shall pay. obscrve. perfonn and discharge the Obligations. or callsc same
to be paid, observed. perftllllled and discharged in strict accordance wilh the terms thereof. then this
M0I1gage and the estates, interests. lights and assignmcnts granted hereby shall be null and void. but
othelwise shall remain in full lorce and ellcct.
2.3 Subro~ation. The tvlortgagee is hereby subrogated to the claims and liens or all patties
whosc claims or licns are li.lIlyor pattially discharged or pa.id with tl1C proceeds of the indebtedness secured
by this M0I1gage notwithstanding that such claims or liens may have becn canceled and satisfied of rel.:ord.
ARTICLE III
ASSIGNt-.'lENT OF LEASES AND RENTS
3. I Assignment. The M0l1gagor docs hereby absolutely and unconditionally assign and transfer
to Mortgagee all of Mortgagor's estate. light, title and interest in and to thc Leases and Rents, to have and
to hold the Leases and Rents unto Mortgagee. its succcssors and assigns f(lrevcr.
3.2 Payment ol" Rents to M0I1~alJor. as tI1lSICC. until DcI:mll. So long as no Event of DcI;llIlt
has occun'cd and which, aller notice and any applicable gracc pctiod, remains uncured, M0I1gagor may
collect, receive and accept the Rents as thcybecome due and payablc. Upon the oCCUtTence or an Event
of Delimit and, aller reasonable notice to and 1:lilure by !vlol1gagor to cure the same within a reasonable
period, Mortgagee may, to the extent pel111iHed by law at its option. remove the M0l1gagor as trustee (hI'
the collection onhe Rents and appoint any other person including, but not limited to, itself as a substitute
tmstee to collect, receive, accept and use all such Rents in payment of the Obligations, in such order as
Mortgagce shall elect in its solc lmd absolute discretion, whether or not Mortgagee takes possession oftlle
Mortgaged Property. M0I1gagor hereby directs each ol"thc respective tenants under thc Leases, and any
rental agent, to pay to M0I1gagec all such Rents, as may now be due or shall hcreancr become due. lIpon
demand for payment thereof by Mortgagee without any obligation on the par1 of any such tenant or rental
agent to detel111inc whether or not an Event ofDcf:1lI1t has in filet occulTcd. Upon an Event or IJcl:llIlt, the
pennission hereby given to Mot1gagor to collcct, receivc and accept such Rents as trustee shall. to the
cxtcnt pcnnitted by law, tenninatc and such pcnnission shall not bc reinstated upon a cure or the Evcnt of
Delimit without Mortgagee's specific written consent. F1II1hcr, upon an Event or Dcf:nllt. M0I1gagor shall
immediately tum over to Mortgagee all Rents in the actual or constmclive possession of Mortgagor, its
alliliates, contractors, or its agents, together with an accounting thereof. Exercise or M0I1gagec's rights
under this Section, and the application or any such Rents to the Obligations, shall not cure or waive any
del:\lIlt or notice of delimit hereunder or invalidate any act done pursuant hereto, but shall be cUlllulativc
and in addition to all other lights and remedies or MOl1gagec.
x
3.3 en!~J~LI]JJ!~....I!..U .l'a~;l'S. :\11 Leases with a duration of over 30 days shall Ix: inrerior and
suhordinate to thl' lil'nllr II1Is t\ ]ortgagt.: and the tt.:Il11S of t.:ach Lt.:ast.: shall so expressly provide.
3..t .i\\.!Jl!.~lWW.\lllll 11'1\ lorl~agec. The assignment contained in Section 3.1 shall not he lb:lnt.:d
or construed to constllutl' f\ IOrlgagee as a mortgagee in posst.:ssion of the MOItgagt.:d Propt.:lty nor shall
it obligate tvtoltgagec tll takl.' any action or to incur expcnst.:s or perrollll or discharge any obligation. dllty
or liability or f\'loI1gagor IIlHkr any Least.:.
3.5 ('ul1lubti\,\.' R\.'medics. Each and every light. rel1ledy and power granted to rvtol1gagee by
this Alticlc shall bt.: cumulativc and in addition to every other light, remedy and power given by the Bond
Documcnts and now or 11l'real1cr existing in equity. at bw, or by viltue ofstatute or otherwist.:. The !:Iilllrt.:
of Mortgagee to avail itself of any of its lights. remedies and powers shall not be constnled or deemed to
be a waiver then:ol:
3.6 Notilkatiollon\'lort~agee's Rights. rvtoltgagee shall have the tight. but not the obligation.
at any time and li'om timc tll timc. to notify any tenant under any Lease of the lights of M0I1gagee as
provided in this Altide III and lvtol1gagor. upon demand from ivl0l1gaget.:, shall confillll to such tenant tilt.:
existence of' such rights.
3.7 A 1l0J'llI.'Y:.i.I1:.I':'iKI. I Jpon thl.' oCCUIl'ence of and during the continuation or an Event or
Default, to fll1ther clli:ctual\.' MOrlgagl'e's nghts ulHkr this Alticle III, MOl1gagor hereby to the extend
pennitted by law constitllll's and irn:\'llcahly appoints M0I1gagee its tl1le and Iawfi.11 attoJ11ey-in-f;tcl. which
appointment is coupled wilh an intl'll'sl, with filII power of substitution, ,md empowers said attoll1eyor
attomeys ill the name orMorlgago\', hili al thL' option of'said attoll1ey-in-fact. to (i) collect and receive the
Rents and to issue rl.'ccipts lh\.'rl'fill', (II) III nlilkc, cntcl' into. extend, modify, amend, tellllinate. consent to
the cancellation or sUlTcndl'1' or allY l.l'I\Sl\ t II' 1~llIlit any tenant to assign or sublet its rights thereunder, (iii)
to execute, acknowledge and Ik1Jwr any and all instruments and documents that MClI1gagee may deem
necessary or proper to impll'mcnl its nghts as pnl\'idcd in this Alticle III, and (iv) to perf 01111 and discharge
any and all obligations and lllllkttakings of ~ IOl1gagor under any Lease.
3.8 Other Assi~nlllcl\\~. f\lortgagllr shallllot Ihtther assign or transfer thc Leases or Rents
except in fiwor onvl0l1gagce as pl'llvidl'd in this Altide III. and shall not create or pCIl11it to be created
or to remain, any mortgage, pled!:!-c. hcn. \.'lKumbrance, claim. or charge on the Leases or Rents. Any
tnUlsaction prohibited under this Sel.'tioll shall be null and void.
3.9 Section (l97.07 or the Florida Statutes. The assignments of Leases and Rents contained
in Utis Mortgage arc intended to provide rvt0l1gagee with all the lights and remedies of'mol1gagees pursuant
to Section 697.07 OrUle Florida Statutes (hereinallcr "Section 697.07"), as may be amended fi"OJ11 time
to time. However, in no event shall this reference diminish, alter, impair, or allcct any other rights and
remedies of MOI1gagee, including but not limited to, the appointment of a receiver as provided in Attiele
VIII, Section 8.1 herein, nor shall any provision in this Section 3.13 diminish, alter, impair or allect any
rights or powers of the receiver in law or equity or as sct fOl1h in AI1iclc VIII. Section 8.1 herein. In
addition, Ulis assignment shall be HIlly operative without regard to value of the Mortgaged Property or
I)
without regard to the adequacy or the ~lol1gag.ed Property to serve as security I\)\" the obligations \l\\'ed
by 7vlOllgagor to rvlorlgagee. and shall be in addition to any rights arising under Section ()lJ7.07. FUJ1hel'.
except 1\)[' the notices required hereunder. if any. Mortgagor waives any notice or ddillllt or tkmand lill'
tUl110ver or rents by ivlOllgagee. together with any rights under Section 697.07 to apply to a l'omt to
deposit the Rents into the registry of' the COUll or such other depository as the COUll may designatc.
..\RTICLE IV
REPRESENTATIONS Ai\D WARRANTIES
4.1 Titlc. MOllgagor is indeli?asibly seized of and has and will have a valid leasehold interest
in the Land, pursuant to the Sitc Lease, and in the Improvcments, li'ee and clear ofany and all mor1gages.
liens, encumbrances, claims, charges, cquitics. covenants. conditions, restrictions, eascments, rights-of-\\'ay
and all other matters allecting the Land and Improvements. whether or not of' record. except for the
Perlllitted Title Exceptions. ivlOllgagor has and will have good, absolute and marketable title tll the
Personal Property all li'ee and clear or any and all liens. charges, encumbrances. security interests alld
adverse claims whatsoever, except those in l~l\'or of lvlongagee. ivl0l1gagor will prcserve its leasehold
interest in and title to the Mortgaged Propcn)' and willlorc\'cr wammt and delcnd the same to I'vlol1gagee
alld will forever WalTIlIlt and dcli?nd the validity and priority onhe lien of this I'vlOllgage against the claims
of all persons and parties whomsoever.
4.2 Representations and \Vam1l1tics in Othcr Documents, All of the representations and
warranties ofthc Mortgagor containcd ill the Reimbursement Agrcemcnt and the olhcr Related Documcnls
are tmc and COll'cct in allmatcrial respects.
4.3 Reliance on Representations. The MOl1gagoracknowledges that the ivlor1gagee has rclied
upon thc Mortgagor's rcprcsentations. has madc no independent investigation of' thc tmth thereot: is not
charged with any knowledge contrary thercto that may be received by an examination of the public records
in 'h'1l1ahassee. Florida and in the county whercin the Land is located. or that may have been rcceived by
any ofiiccr. director, agent. employcc or sharcholdcr of fvlOltgagec.
ARTICLE V
AFFIRivlATIVE COVENANTS
5.1 Paymcnt and Pcrfollnance. ivlortgagor shall promptly pay and punctually perf()[ll1. or shall
causc to be promptly paid and punctually pcrtollned, all of the Obligations as and when duc and payable.
5.2 Existencc. Mortgagor shall preserve and kecp in li.lll torce and ellcct its existcnce. rights,
lI'anchises, trade names and qualilication to transact business in the State.
5.3 Compliancc With Laws. MOIlgagor shall promptly and f.'1ithlillly comply with. contann to
and obey all Govcml11ental Requircmcnts that may be applicable to MOIlgagor or to the MOItgaged
10
Property or to the use or manner of use, occupancy. possession, operation, maintenance. alteration, repair
or reconstmction of the M0I1gaged Propelty. whether or not such Govcmmental Requirement or mle or
regulation shall necessitate stnlctural changes or improvcmcnts or interfere with the usc or el~ioyment oflhe
ivlortgagcd Property.
5.4 Impositions. Mortgagor shall pay all Impositions on the Mortgaged Propcrty and all
taxes lawll.lIly levicd or assessed upon this ivl0J1gage. thc LeBcr of Credit, thc Reimbursement Agrecment,
thc Related Documents and the Obligations, or any of them. In the event of the passage, allcr the date of
ulis ivlortgage, of any law (i) making it illegal for the ivl0l1gagor to pay the wholc or any part of the
Impositions, or charges or liens herein required to bc paid by Mortgagor, or (ii) rendcIing U1C paymcnt by
M0I1gagor of any and all taxes levied or assessed upon this Mortgage, the LeBer of Credit, the
Reimbursement Ab'Teement, the other Related Documents, the Bond or Ule Obligations or the interest in
U1C M0I1gaged Propel1y represented by ulis M0I1gage unlawfl.lI, or (iii) rendeIing the covenants for the
payment ofthe maBers set fCJI1h in Subpm1s (i) and (ii) OfUlis Subsection by MOJ1gagor legally inoperative,
the rvt0l1gagor shall pay, upon dcmand, Ule entire unpaid Obligations notwithstanding anything in this
Mortgage. the LeBcr of Credit, the Reimbursement Agreement, Ule othcr Related Documcnts or the Bond
to thc contrary.
Mortgagor shall pay any ad valorem taxes lawfully imposed on the M0l1gaged Property on or
before the date of delinquency. M0I1gagor shall also pay all other Impositions before same shall become
delinquent, whichever is sooner.
5.5 Insurance. Until the Obligations shall have becn fully discharged by MOJ1gagor, M0l1gagor
shall maintain or cause to be maintained. at M0I1gagor's cost and expense, the following insurance
coverages in full force and eflcct at all times throughout thc tenll of the Loan:
(a) }-Iazard Insurance. Mortgagor shall keep the Improvements and all Personal Propel1y
which now or hcreafter constitutc part of the M0I1gaged Property insurcd at all times against loss or
damage by fire and other ha7..ards included within thc tcnn "special causes ofloss," "all Iisk" or "extended
coverage" and against such other hazards as M0I1gagee may reasonably require in the fhll insurable value
thereof (or such Icsser amount as Mortgagec may authorize in writing).
(b) Liability Insunmce. Mortgagor will obtain and keep in full force a "Broad Fonn
Comprehensive General Liability" insumnce coverage for Mortgagor in the minimum coverage reasonably
acceptable to the M0I1gagee.
(c) Flood Insurance. Ifat any time the Land or any portionthereofis locatcd ina "Flood
Hazard Arca" pursmmt to the Flood Disaster Protection Act of 1973 or any successor or supplemcntal act
thereto, flood insurance in the maximum mnount available or, iflcss, the full insurable replacement value of
the M0I1gaged Property.
(d) Builder's Risk Insurance. During any constl1lction activity, a "special causes orloss"
(fOllllcrly known as "all Iisk"), non-rcp0l1ing, completed value builder's risk insumnce policy, which policy
II
shall include Agreed Amount. Replaccmcnt Cost. Pel1nit to Occupy and \hndalismii'vlalicious IVI ischiel'
I :ndorscmcnts.
(e) Other I nsurancc. Boiler and machincl)' insurance. workds compensation insurance,
wind damage insurance. and other insur..\nce covcrages as r,,1011~agec may n:asonably n.:quirc.
The policies of insurancc shall (i) be n"otn companies and in covcrage amounts reasonably
acceptable to Mortgagee, (ii) contain a standard mortgagee clause identifYing the M0l1gagee as "Bank of
America. N.A.. ISA ATIMA" in fhvor of Mortgagee naming l\'fortgagee as a mortgagee and including a
lender's loss payee clause in such pol icy. as appl icablc (iii) not be tCI111inable or modi lied without thilt)' (30)
days' (i I' obtainable, but in any event, wi thout at least 10 days) plioI' written notice to rvloJtgagee. and (iv)
be cvidenced by original policies or ccrtificd copies of policies or cvidence of insurance on ACORD 27
(for builder's risk) andlor ACORD 25-S (lor general liability) fOl1n of ccrtificatc, deposited with
MOItgagee, as M0I1gagee may elect, to be held by l\'101tgagee until the Obligations shall have lx:en fully
paid and discharged. MOItgagor shall fi.llllish MOl1gagee satisfactory evidcnce ofpaymcnt of all premiums
required and similar evidence of rcnewal or replacement coverage not latcr than thilty (30) days prior to
the date ,my coverage will expire.
All policies shall indicate that notices related to such insl1r~U1ce shall be sent to Mortgagee
at the following address or such othcr address as set forth in a notice fi'oml'vlortgagec to MOItgagor:
Bank of America, NA.
P.O. Box 40329
Jacksonville, Florida 32203-0329
5.6 Restoration Following Casualty. (a) I fall or any part of the ivlortgaged Propelty shall be
damagcd or destroyed by a casualty with a loss claim in excess of $50,000, ivfOltgagor shall immediately
give written notice thereof to Mortgagee and the appropriate insurer; ,md ivlortgagce is authorized and
empowered (but not obligated or required) to make proof ofloss and to settle, adjust or compromise any
claims for loss, damage or destruction under any policies of insurance required under this Mortgage. All
proceeds ofinsurnnce, as provided in Section 5.5, shall be paid to M0I1gagor and shall be applied first to
the paymcnt of all costs and expenses (including, without limitation, reasonable attorneys' fees and
expenses) incurred by Mortgagor in obtaining such proceeds, and second, at the option or MOItgagor,
either to the paymcnt of the Obligations whether or not duc, in such order as Mortgagor may elect, or to
the restoration, repair, or replacement of the Mortgaged Propert)~
(b) Ifa1l or ~U1y of the Mortgaged Property shall be damaged or destroyed by a
casualty not covered by insurance under Section 5.5, or, ifso covered, the insurer lhils or refbses to pay
the claim within ninety (90) days following the filing thereof, Mortgagor shall immediately give written notice
thereofto Mortgagee, and Mortgagor shall promptly and diligently, at Mortgagor's sole cost and expense,
restore, repair and rebuild the Mottgaged Property to the equivalent of its condition immediately prior to
the casualty. During the period of restoration and repair, Mortgagor shall continue to duly and promptly
pay, perfoml, observe and comply with all of the Obligations.
12
(c) I fany work required to be pertollned under Subsections (a) or (b) abo\'e, or both.
shall in\'olve an estimated expenditure of more than S500.000.00. no such work shall be undel1aken until
plans and spccilications therefor, prepared by an architcct satisfactory to MOl1gagec, have been submith:d
to and approved by i'v10l1gagee.
5.7 Condemnation. M0I1gagor shall immediately notifY rvlol1gagee upon obtaining an)'
knowledge ot'thc institution of any proceedings for the condemnation of the ~ 10I1gagcd PropcI1Y or any
pal1 thereof. Ifall. or Lmy pm1 of the MOl1gagcd Propeny with a valuc in excess of 50'X, ot'the total value
of the rvt0l1gaged Propcl1y, shall be damaged or taken through condemnation (which tC\1n when used in
this M0I1gage shall include any damage or taking by any Govcmmental Authority and any transfer by
private sale in liell thereof: either tempomrily or pennanently), M0I1gagee at its optionmLlY dcclare all or
the unpaid Obligations to be immediately due LUld payable. and upon ten (10) days wriUen notice IhJln
M0I1gagee to Mortgagor all such Obligations shall immediately become due and payable as fillly and to
the same eflect as if such date were the date originally specified for the linal payment or maturity thercof.
Except as described in the preceding sentence, in which case the rvlortgagee shall be entitled to all
compensat ion, awards and other payments resulting fium such condemnation to the extent of thc amount
of Obligations hereby secured, the Mortgagor shall be entitled to all compensation, awards and other
payments resulting from such condemnation and is hereby authorized to commel1l:e, appear in and
prosecute, any action or procceding relating to any condemnation. and to settle or compromise any claim
in connection therewith. All such compensation, awards, damages. claims, lights of action and proceeds
and the light thereto shall. be applied first to the payment of all costs and expenses (including, without
limitation, reasonable attomeys' fees and expenses) incull'cd by rvlortgagor in connection with any action
or proceeding under this Section 5.7, LUld second, at the option of M0I1gagor, either to the payment of the
Obligations whether or not due, in such order as Mortgagor may elect, or to thc restoration. repair or
alteration of the Mortgaged Propert)~ If any restoration, repair or alteration of the M0I1gaged Property
shall involve an estimated expenditure o I' more than S500,000.00, ~Ul1e shall not be commenccd until plans
LUld specifications therefor, prepared by an architect satisfactOl)' to ivlol1gagee, have becn submitted to and
approved by Mortgagee.
5.8 Tax and Insurance Escrow. Supplementing the provisions of Sections 5.4 and 5.5 hereof:
and if required by Mortgagee, in the event of any default by Mortgagor in the paymcnt of any such
Impositions, Mortgagor shall pay to M0I1gagee on the payment datc of installments orintercst as provided
in the Notc, togcther with and in addition to such installmcnts of interest, an installment ofthe Impositions
and insullUlcc premiums for such insurance as is required hcreunder, next due on the Mortgaged Propel1y
in an runount suflicient. as estimated by ivt0l1gagec, to accumulate the sum required to pay such Impositions
and insumnee. as applicable, thirty (30) days prior to the due datc thereot: Amounts held hcrcundcr shall
not be, nor be dcemed to be, tnlst fimds, but may he commingled with the generalfimds ofMOltgagee. and
no interest shall be payable with respect thereto. Upon demand of M0I1gagee, M0I1gagor shall dcliver to
Mortgagee, within tcn ( I 0) days aftcr such demand, such additional money as l... necessLII)' to make up any
deficiencies in thc amounts necessal)' to enable Mortgagee to pay such ImlX)sitions and insurance premiums
when due. In case of an Event of Default, M0I1gagee may apply any amount under this Section rcmaining
to Mortgagoes credit to the rcduction of the Obligations, at such timcs and in sllch manner as M0I1gagee
shall detell11ine.
IJ
5.l) Repair. 1\10I1gagor shall keep the M0I1gaged Property in good ortler and condition alld
make all necessary or appropriatc rcpairs and replacement:-; thercof and bettelll1ents and impro\'elllents
thcreto. ordinary and extraordinalY, foresccn and Ul1f(lresecn. and use its best cf1i.)11S to prevcnt any act
that might materially impair the \'al\l(~ or llseti.lIness of the i\ I011gagcd Prope11~(
5.1 () Inspection. Mongagor shall pel111it Mortgagec and its agents to inspcctthe MOl1gagcd
Propel1y at any time duting n0l111al busincss hours and at all othcr reasonable times and alter reasonahlc
notice received by M0l1gagor from M0I1gagec.
5.11 Contest of Tax ..\sscssmcnts. Etc. Aller plioI' written notice to ~lol1gagee. MOl1gagor.
at its own expcnse, may contest by appropriate legal proceedings. promptly initiated and conductcd in good
fllith and with due diligence. the amount, validity or application, in whole or in pal1. of (a) any of the
Gcwcl11mental Requin.:ments refem:d to in Section 5.3, or (b) any Imposition: pro\'ided that: (i) in the case
of an)' unpaid Imposition. such proceedings shall suspend the collection thcrcortl'om ivlol1gagor and from
the M0l1gaged Propen)', (iil the M0l1gaged Property or any part tlll:reo!\\;!Inot be in danger of being sold.
l()rfi.:ited, tel111inateu. canceled or lost. (iii) the use of the f\10I1gaged Propel1y or any pan thereof I()I' its
present or future intcndcd purpose or Pllll10ses will not be intellllPted, lost or tCl111inatcd. (iv) Mongagor
shall have set aside adequate reserves with rcspect thereto. and (v) M0I1gagor shall have 1i.l\llishcd sllch
securit)' as may be required in the proceedings or as may be reasonably requcstcd by ~vlortgagec.
5.12 Expenses. i\ 1 0l1gagor shall pay all rcasonable costs and cxpcnscs in conncction with ulis
Mm1gage, the Letter of Credit, the Reimburscment Agreemcnt and the prcparation, execution. and delivcry
of the other Rclatcd Documcnts including, but not limited to, reasonable fecs and disbursemcnts ofcounscl
appointed by Mortgagee, and a\l recording costs and expenses, documentary stamp tax and inuU1g1ble tax,
iflawfully rcquired on the entire amount of the Bonds, and othcr taxes, SUl\'CYS, appraisals. prcmiums for
policies of title and other insurance and all other lees, costs and expenses. if any. sct r0l1h in the
Reimburscmcnt Agreement. the Letter of Credit, this M0I1gage or othel\vise connected with the Bond
transaction.
(a) Mortgagor shall payorreimburscmenl MOl1gagee lor all reasonable attoll1eys' fees
paid or incurred by Mortgagee pursuant to this Mm1gage including but not limitcd to those costs, chargcs,
expenses llild fees paid or incurred for the pa~111ent of the Impositioll~. insurance, completion of
constnlction, repairs, appraisal lecs, cnvironmental assessment fi.:cs, or an)' othcr fecs paid or inculTcd in
any action, procecding or disputc orany kind in which M0I1gagce is a party mising out of the occum:ncc
of an Evcnt of Det:'1l11t. including. but not limitcd to. the foreclosure or other cnforcemcnt of this MOl1gage.
any condemnation or cminent domain action involving the l\10l1gaged Property or any pal1 thercof: an)'
action to protect the secmity hereof, or any proceeding in probate, rcorganil...1tion. banknlptcy, arbitration.
or forfeiture ill rem. All such amounts paid or incurrcd by Mortgagee, togcther with interestthereol1 at U1C
Del:\l11I Rntc fi'om the date incull-cd by Mortgagee, shall be secured by this Mortgage and shall be due and
payable by Mortgagor immediately, whether or not there be notice or demand thereft)r.
(b) Any reference in this tv10rtgage to atlOl11eys' or counsels' lees paid or inclllT\.:d by
M0I1gagee shall be deemcd to inclulle reasonable paralegals' lecs and legal assistants' ICcs. I'v1orcover.
14
whcrever prm'ision is made hcrein Ii)!' payment ofaltolllcys' or counsels' fecs or cxpcnscs incurred by the
~loI1gagec. said provision shall include. but not bc Iimitcd to. sllch lecs or expcnscs inCUITed in any and
all judicial. bankl1lptcy. reorganii'~lIion. administrati\'c. or other proceedings. including appcllate
proceedings. whelher sl1\:h tl:cs or expenses arise bcfllrl' proceedings arc commcm:ed or ancr entryora
limljudgment provided. that :\'10l1gagec prevails in an)' such action.
5, 13 Prcscl.'yati()JLofl\greCtneIJ~~. j\'10l1gagnr shall preser\"t: ami keep in nlll lilrcc and efli.:ct
all agreemcnts. approvals. pel111its and licenses neccssary ti.1I" thc development. use and operation of the
~ lOI1gagcd Property for its intended plllpose or plllposes,
5.14 Books and Records. '1111: M0I1gagor shall keep and maintain. at all times. lillI. tnle and
accurate books of accounts and records, adequate to cOlTectly rcl1ect the results of the operation of the
~'loI1gaged Propel1y. The Mortgagee shall have thc light to examine such books and records and 10 make
such copies or extracts therefrom as the rVlortgagec shall require upon rcasonable notice li'Om t'vloI1gagee.
5.15 Estoppel Aflidavits, j\ t0l1gagor. within ten ( 10) days ancr wrillen request Ii'om Mortgagee.
shall liUl1ish a wlitten statement, duly acknowledged. setting IOl1h the unpaid pJincipal balance ot: and
interest on. the Obligations secured by this tvtoI1gage. and whether or not any olT-sets or defenses exist
thereto.
5.16 Indemnilication. Mortgagor shall at its own expense. and docs hereby agree to, protect,
indemnify, rcimburse, defend and hold hannless lvt0l1gagee and its directors, ofliccrs. agents, employees
attorneys, successors and assigns Irom and against any and alllhlbilities (including strict liability). losses,
suits, procecdings. settlements, judgments. ordcrs. penalties. lincs. liens. assessmcnts. claims, demal1lb.
damages. injuries. obligations, costs, disbursements. expenses or Ices. or any kind or nature (including
attorneys' Ices and expenscs paid or inclllTcd in connection therewith) alising out of or by reason of (i) an
incorrcct legal description of thc Lm1d: (ii) any action. or inaction ofT'vl011gagor in connection with the tllis
Mortgage, the other Rclated Documents or the M0I1gaged Property; (iii) the construction of any
Improvemcnts: (iv) the use and operation of the t\t0l1gaged Property: (v) any acts or omissions or
Mortgagor on or about the Mortgaged PropcI1y regarding the contamination orair. soil, surface waters or
ground waters over. on or under the tvtortgaged Property: (vi) the presence. whether present or future, or
any Hazardous Material on. in or under the Mortgaged Propel1y: or (\~i) any present or future events,
conditions, circumstances. activities, practices, incidcnts, actions or plans involving the manufilcture,
processing. distribution, use, transport. handling. treatmcnt. storage, disposal, cleanup, cmission, discharge,
seepage, spillage. leakage, release or threatened release of any lIa7~mlol1s Matcrial on. in. under or from
the Mortgaged Propel1y. in connection with M0I1gagor's operations on the MOl1gaged Propel1y, or
otherwise; all of the foregoing regardless of whether within the control of MoI1gagee.
TI1C indemnifications of this Section 5.16 shall slUvive tlle lid I payment and perlllJl11anCe or tlte
Obligations and the satisfaction of tllis Mortgagc period lUltil such time as all applicable statutes of
limit.1tions during which a claim could be made against rvlortgagee which would be the subject of
indcmnification under this Scction 5.16 shall have expired.
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5.1 7 FUl1her :\ssurances. 1\ 10l1gagor. at its sole expense. upon the request orivlol1gagee, shall
execute. acknowledge and deliver such fi.lrther inst11lments and do such ti.lrther acts as may. in the
reasonable opinion of the ~1011gagee. be necessary. desirable. or prnper to carry out more ellcctivcly the
plll1JOSC of this rvlol1gage and to subject to the lien hereofany propen)' intended by the tel111S hereof to be
co\'ered hereby. including. without limitation. any proceeds. rene\\.als. additions. substitutions.
replacements. products. bettellllellls. accessions and applll1enances thereto and thereof.
5.1 R Junior Mortgage(sl and Ri!;hts nrtvlnrtga!;ee. (a) M0l1gagor shall. with respect to any
Junior l\1011gage. (i) promptly observe and perform all of the covenants and conditions contained in the Site
Lease and the Junior MOl1gage. (ii) duly and promptly make all payments re<.Juin:d by the 1I:llns of the
Junior M0I1gage. (iii) promptly notify t\loJ1gagee in writing upon receipt by M0I1gagor 01' an)' notice that
M0I1gagor is in dcl:\lIlt under the Junior 1\ 1 011 gage or that an event has occulTed which with due notice or
the lapse of time. or both. would constitute a dd~\lIlt under the Junior M0I1gage. ami to promptly caUSl: a
copy 01' each such notice given by the holder thercorto be deliwrcd to MOl1gagee. and (i\') th1ll1 time to
time upon dema nd of l'vlortgagee submit evidence to \ lortgagee that M0l1gagor has maintained and is
maintaining the Junior ivlol1gage in good standing. Upon receipt by MOl1gagee or any such afl.)("esaid
notice. MOligagee may rely thereon even though the existence of such dd:\lI!t or the nature thereof may be
questioned or denied by ivl0l1gagor or by any party on behalfof ~\'lol1gagor.
(b) I l' M0I1gagor Ihils to make any paymelll required under any Junior M0I1gage as
and when due. or I:lils to perlollll any material condition. covenant. or telm of the Junior rvl0l1gage, then
M0I1gagee may on behalf ofivlortgagor. but without obligation to do so. and with reasonable notice to and
demand upon MOIigagor. and without releasing rvlol1gagor fi.nt11 any Obligation and without waiving any
Event ofDcI:lU!t hereunder, take any action Ivlortgagel: deems reasonably necessaryordesirablc to prevcnt
or cure any such default by MOIigagor. including. but without limitation. the light to pay any and all
payments of plincipal and interest. insurance premiums, taxes and assessments and other sums due or to
become due under the Junior MOIigage. Mortgagor hereby expressly grants to Mnt1gagee and agrees that
MOIigagce and its agents shall have the absolute and immediate light \0 enter upon the Land and the
Improvements or any part thereof to such extent and as onen as t\ lOl1gagee deems reasonably necessary
or desirable in order to prevent or curc any s\lch dcl:mlt by I'vl0l1gagor. All reasonable payments and all
reasonable costs and reasonable cxpcnscs inc\ln-cd by ~ 100igagee in connection with any such prevention
or cure (including. \\;thout limitation. n:asonable attomeys' Ices and expenses). together with interest
thereon at the Del:mlt Ratc li'Om the datc incUlTed by ~IOIigagee. shall be secured by this rvlOligage and
shall be due and payable by rvlortgagor immediately, whether or not there be notice, demand, an attempt
to collect same, or suit pending.
(c) Nothing in this Section 5.1 X shall in any manncr be cnnstl1led as consent by
M0l1gagec to the flll1her encumocling or m0l1gaging of the rvl0l1gaged Property. except fl.)r Pennitted 'title
Exceptions.
5.19 Financinj; Statements. Mortgagor shall execute and deliver to ivloligagee, in 10n11 and
substancc satisl:lctory to M0I1gagee. such financing statemcnts, continuation statements. and such fllJiher
assurances as Mortgagee may Ii'om time to time consider reasonably necessary to create. perfect. preserve
J{l
and maintain in filiI force and eOcct tvlOltgagee's lien upon the Fixtures. Leases, Rents and Personal
Propelty: and. tvlortgagee, at the expense ofivlortgagnr. may cause such statements and assurances to be
recorded and rerecorded. filed and re-fiIed. in the name or f\ IOI1gagor, and ~ 100tgagor hereby constitutes
and ilTevocably appoints Mortgagee its tl1le and lawfill attollley-in-nlct, which appointment is coupled with
an interest. with filII power or substitution. and empowers said attorney or attollleys in the name of
MOItgagor. but at the option of said attollley-in-t:1CI. to execute and file any and alllinancing statements.
5.20 \Vithholdin~ 1:1xes. (a) If under any applicable law or rq.'l.r1ation or the inte'l1retation
thereof by any Govell1mental Authority charged with the administration thereof: MOItgagor shall be
required to make any withholding or deduction /ium any payment of the Obligations (whether ofplincipal.
interest or otherwise) to be made by or on behalf of MOItgagor to Mortgagee lor or in respect or any
present or Ilttllre taxes, levies, imposts. duties, charges. or fees o l' any nature (excepting only Mortgagee's
income taxes of the United States of America and its political subdivisions). the amount due to M0I1gagee
Irom M0I1gagor in respect of such payment shall be increased to the extent necessary to ensure that aner
making such withholding or deduction and any withholdings or lkductions required to be made in respect
to any such increase, Mortgagee shall receive an amount equal to the amount which Mortgagee would have
received had no such withholding or deduction been required to he madc. In the event of any sllch
withholding or deduction. Mortgagor shall deliver to MOItgagee forthwith aner receipt thereof the ollieial
receipt or other ollicial documentation evidencing the payment of the amount so withheld or deducted.
(h) I l' Mortgagor shall lilil to make any withholding or deduction so required to be
made, Mortgagee reserves the right to make payment thereof to the appropliate Govelllmental Authority.
I I' MOItgagec makes such payment under any applicable law or regulation or if as a result or the
inte'l1retation thereof by any Govelllmental AuthOlitycharged with the administration thcrcofin respect of
any such payment, whether of principal. interest or otherwise made or to be made by Mortgagor,
MOItgagee shall be required to pay any tax, levy, impost, duty, charge or fee ofmlY nature (excepting only
Mortgagee's income taxes ofthe United States of America and its political subdivisions). MOItgagor shall
and docs hereby indemnify Mortgagee against and shalllolthwith upon demand of tv101tgagee pay to
Mortgagee the amount of such payment, together with any interest, penaltics. and cxpenses in connection
therewith, and interest thercon at the Default Ratc; and in the event any of the aloresaid amounts, interest,
penalties or expenses shall be subjcct to withholding or deduction, the amount thereof shall be incrcascd
to the extcnt necessary to ensure that al1er making such withholding or deduction and any withholdings or
deductions in respcct ofany such increase, MOIigagee shall receive an amount equal to the amount which
MOltgagee would have received had no such withholding or deduction been required to be made.
(c) Any increased amount required to be paid by Mortgagor in accordance with thc
provisions of this Section 5.20 shall have the same character as the amount in respect of which sllch
increased amollnt is detennined, but shall not (i) if charactclized as principal. be applied in reduction orthc
plincipal mnount outstanding under the Obligations or (ii) ifcharacterized as interest, be appl ied in reduction
of accl1leo, unpaid interest under the Obligations.
5.21 Hazardous Matetial. (a) M0I1gagor shall immediately notify MOltgagec (which lor
pllll10ses of this Section 5.21, shall be deemed to include Pinellas County Industrial Development
17
Autlx1I'ity. regardless or any assignment by it or this M0I1gageJ orally and in writing (i) ir ivlo11gagor
becomes aware or the presence nrany Hazardous i\bterial or other environmental problem or liability on.
in. under. released fi.om or associated with the i\ 1011gaged Propel1y. or (ii) iran Environmental Claim is then
existing with respect to the i\'1011gaged Propel1y. ~lol1gagor :;hall IClI1hwith transmit to ivl0l1gagee all
infclll11ation it has receiwd with respect to the Environmental Cbim.
(b) ivlortgagor shall. at its own cost and expense, take any action necessary or
advisable (c)r the cleanup or any Hazardous Ivlaterial on. in. under. released from or associated with the
ivlortgaged Propel1y. including any removal. containment or remedial actions in accordance with all
applicable Environmental Laws. and shall payor cause to be paid all cleanup. administrative. enforcement
and other costs. expenses or fines which may be assel1ed against ivl0l1gagor. ivlorlgagee, the M0l1gaged
Property. or any other Person in connection therewith.
(c) Mortgagee shall have the light but not the obligation. and without any limitation or
M0I1gagee's other rights under this ivlol1gagc. ath:r Hlilure by Mor1gage to enter onto the Mortgaged
Property or to take any action as it deems necessary or advisable to cleanup. remove, resolve or minimii'c
the impact oJ: orotherwise deal with. any I [azardous I'vlaterial or any Environmental Claim fhlJowing receipt
or any notice /i'om any Person or Govemmenta[ AuthOlity asselting the existence of any Hazardous
Material or an Environmental Claim pcl1aining to the Jvl011gaged Property or any part thereofwhich. il'tllle.
could result in an order, suit or other action against M0I1gagor or Mortgagee which. in the reasonable
opinion of M0I1gagee. could jeopardize tvlol1gagee's security under this MOl1gage. All reasonable costs
and expenses incun'ed by Mortgagee in the excrcise or any such lights shall be secured by this ivtol1gagc
and shall be payable by M0I1gagor upon demand.
(d) In thc event the M0I1gagee reasonably belicves that there may be any Hazardous
Matelial or other environmental problem or liability associatcd with the Mortgaged Propelty, Mortgagor
shall, within thirty (30) days or Mortgagee's wtitten requcst. cause to be prepared an cnvironmcntal
assessmcnt of the M0I1gaged Property (but only if MOl1gagee reasonably suspects that grounds exist (c)r
an Environmental Claim) and. if required by M0l1gagec, an environmcntal assessment (as hereinaller
dcfined) of the Mortgaged Propel1y including Hazardous Matclial waste managcment practIces and
Hazardous Matcrial waste disposal sites thcreon. As used herein. the tCllll "Environmcntal Assessment"
means a rcpol1 (including all (halls thereof) of an cnvironmental assessmcnt of the M0l1gaged Propel1y or
such seopc (including but not limited to the taking of soil borings and air ami groundwater samples and
othcr above and below ground testing) as M0I1gagee may rcasonably request, by a consulting linn
acceptablc to M0I1gagce, made in accordance with Mortgagce's established guidelines and at Mortgagor's
sole cost and expcnse. Should MOl1gagor f:lil to provide such Environmental Asscssment within said thit1)'
(30) daypenod. Mortgagee shall havc tile light, but not the obligation. to retain an environmental consultant
to perfOll11 and preparc same. All costs and expenses inclIITed by M0I1gagee in the exercise of such rights
shall be sccured by this Ivt0l1gage and shall bc payable by MOItgagor upon demand.
5.22 Financial Reports. Etc. tv1011gagor shall. at Mortgagor's sole enst and expense, provide
M0I1gagce with any financial statcments. financial repol1s. appraisals or other documentation with respect
to M0I1gagor or the M0I1gaged Property which may be required fi'om time to time by any Ciovelllmental
IR
AuthOlity having re!:,.'l.llatory authOlity over MOItgagee. Such infonllation shall be provided by MOItgagor
withinthilty (30) days aller written request Ii'om \lortgagee.
5.23 Perfollllance of Relatcd Documents. Mortgagor shall duly and punctually pcr/e1l111 all
covenants, tcnllS and agreements exprcsscd as binding upon it under all of the Related Documcnts.
5.24 Pcrfollllance of Other A~reements. MOItgagor shall duly and punctually per/<'1I111 all
covenants. tell11S and agreemcnts expresscd as binding upon it under any PCIl11itted '!itle Exceplion, or any
other agreement of any nature whatsoever binding upon it with respcct to the MOItgagcd Property
including. but not limited to the Site Lease.
ARTICLE VI
NEGATIVE COVENANTS
6. I Use Violations, Etc. MOltgagor shall not use the MOltgaged Propelty or knowingly allow
the same to be used or occupied for ~U1y unlawful purpose or in violation of~U1Y Govemmental Requirement
or restrictive covenant covering, allccting or applying to the ownership, use or occupancy thereof. or
knowingly commit or pelll1it or sufTer any act to be done or any condition to exist on the Mortgaged
Property or any m1icle to be brought thereon that may be dangerous, or that may in any way increase any
ordinmy fire or other hazard, unless safeguardcd as rcquired by law, or that may, in law, constitute a
nuisance, public or private.
6.2 Care of the Mortgaged Propertv. (i) MOItgagor shall not commit or pellnit any waste,
impainnent, or deterioration of the Mortgaged Property, or (except for the Project or as may be provided
for in the Loan Agreement) perfonll any deming. grading, filling or excavation of the Mortgaged PropClty,
or make or pennit to be made to the Mortgaged Propel1yany alterations or additions that would have the
ellcct of materially diminishing the value thereof(in M0I1gagee's sole opinion) or take or pennit any action
that will in any way increase any ordinal)' fire or othcr h~17.41rd arising out of thc constmction or operation
thereat:
(ii) M0l1gagor shall not, without the plior written consent of M0I1gagee, remove,
demolish or substantially alter, or pennit the removal, demolishment or substantial alteration of. any
Improvements on the L1nd involving ~m amount in excess ofS750,000. In the cvent such consent is givcn
and ifany work to be perfonned shall involve an estimatcd expenditure of more than $750,000.00, no such
work shall be undertaken until plans and specifications therefor, prepared by an architect satisfactOl~Y to
MOl1gagee, shall have been submitted to and approved by Mortgagee.
(iii) Mortgagor shall not pem1it any of the Fixtures or Personal Property to be
dcmolished or to be removed from the Land, without thc plior written consent of Mortgagee. In the event
such consent is given, the Mortgagee may require that said Fixture or Personal Property be replaced by
an m1icle of equal suitability and value, owncd by M0l1gagor free and clear of any vendor's lien, chattel
19
mortgagl:. or security intcrcst ofany kind. l:xccpt sllch as may be approved in writing by rvtongagec. and
that such replacemcnt m1icle be encumbered by the lien orthis rvkmgagc. Notwithstanding the forcgoing.
the M0I1gagor may remove or dl:molish any Fixture or Personal Propel1y without first obtaining the
;-..tortgagee's prior written consent provich.:d (i) the \'alue o I' such aI1ic1c docs not excced in valuc at thc time
of disposition thcrcof a total of $500,000.00 in anyone ycar It)r all such items and (ii) that said a11icle is
replaccd and subject to thc lien of this rvtol1gagc as aforesaid.
6.3 Othcr Liens and M0I1ga!!Cs. (a) iv!ongagor shall not, without thc prior written consent
ofMortgagec, creatc or pCl1nit to bc created or to remain, any mortgage, plcdgc, constl1lction lien or other
lien, conditional salc or other title rctcntion agreement. cncumbrance, claim, or chargc on (whethcr pliOI'
or subordinatc to thc licn of this Mortgage or tllC othcr Related Documcnts) the M0I1gaged PropCl1y or
income thcrcfrom. othcr than tllis Mongagc, the othcr Rclated Documents and thc PCI111ittcd 'file
Exceptions. Any transaction prohibited under this Scction shall bc null and void.
(b) tV!0I1gagor shall not. without the prior written consent onv! ortgagee, (i) entcr into
any agrcemcnt either oral or in \Vliting. whercby any pel1nitted Junior M0I1gagc is modified or amended
in any manner whatsoever, (ii) pCI111it the releasc ofany guarantor or modilication of any guaranty aflecting
any pel111itted Junior M0I1gagc, or (iii) incur any additional indebtedness secured thereby.
(c) M0I1gagor shall not directly or indirectly, take, acquire. or permit to be taken or
acquircd by any other pany, any interest whatsocver in any pel111ittcd Junior M0I1gage without the Plior
wlitten consent of Mortgagee.
(d) Notwithstanding any other proVIsion of this Mortgage, M0I1gagce shall bc
pel111itted to grant a mortgage upon amVor seclllity interest in all or any portion OftllC M0I1gaged Propel1y
provided that (i) Mortgagor shall have provided tv!ortgagce not less than 15 days ptior written notice of
such cncumbrance, including the fOl1ns of the loan agrccment, note, m0l1gage amVor seclllity agreement
rclated thereto and such other inlol111ation with rcspcct to thereto as shall be requcsted by Mortgagce, (iil
the instrumcnt creating such mortgage and/or security intcrest shall contain a subordination provision which
shall be reasonably acceptable to Mortgagec, and (iii) tllc amount of indebtcdness secured by all such
mortgages and/or secUlity interest may not cxceed S2,000,000.
6.4 11'ansfer of Mort1:a~ed PropCl1y. Except as may otherwise bc expressly pel111ittcd in the
Related Documents executed inconnectionwithtllis Mortgage, M0I1gagor shall not sell, convey, or transfer
or pCI111it to be sold, conveyed or transferred any interest in the ivlortgaged Propel1y or any part thereof.
A contract to deed or agreement for deed, or an assignment or encumbrance ofa benclicial interest in any
land tmst, or a lease for all or substantially all of the Land or Improvements shall constitute a translcr
prohibited by the provisions of this Section and shall be null and void.
6.5 Transfer of Other Assets. M0I1gagor shall not, directly or indirectly, sell, convey, or
transfer or JJCnnit to be sold, conveycd, or transfclTed any of' its asscts to any Person to which M0I1gagor
is related or connected. The tCllll "assets" as uscd in this Scction docs not include the M0I1gagcd Propcl1y.
the sale, conveyance, or transfer of which is prohibitcd as provided in Section 6.4 hereol:
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ARTICLE VII
(l,(1 Environmental Contamination!1 hl7ardous ivlateli:lI. ~\'l11rtgagor and the Mortgagcd
Property shall at all timcs rcmain in full wmpliann: with all Environmental Laws. \ IOJ1gagor shall no!. nor
permit any other person to. except in I:omplia nl:e with allla\\'s and regulations. manu fal:ture. process.
distribute. use. transport. handle. trcat. store. dispose. cmit. disl:harge.leak. spill or n:h:ase any Hazardous
Material on. in, under or fi'om the i\loJtgagcd PropcltY.
EVE:'-HS OF DEFAULT
7.1 Events of()cf;ll\lI. An "Evcnt of Dc!illllt". as used in this Mortgage. shall occur at any time
or fi'omtime to time:
(i) Failure to Pay. Ifany Obligation or any installment thereofis not paid within filleen days
aller the same is due and payable;
(ii) Failure to Perfol1n. If any Obligation (other than an Obligation requiring the payment
of money or the OCCUITence of an event described in Subsections 7.1 (iii) through (xiii), inclusive, below)
is not duly and promptly pelfolllled or is violated and such non-perfonlmnce or violation is not cumbie, or
if curable continues for a period of thirty (30) days after written notice thereof fi'om fvlortgagee to
Mor1gagor. provided, however, if such non-pcrfoll1l:mce or violation may not reasonably be cured within
such thirty(30) day period, an Event of Dcf.'lull shall not be deemed to have occurred so long as same shall
be diligently and continuously endeavored to be cured;
(iii) False Representation. Ifany representation or warranty made in any Related Document
by or on behalf of Mortgagor is at <IDY time materially false, misleading, or breached;
(iv) Judgment. If a final judgment for the payment of mone)' of morc than S I 00,000 is
rendered against Mortgagor or Foundation Guarantor, and the same remains unsatisfied except for such
period of time as execution on the judgment is effectively stayed;
(v) Voluntaty Bankntptcy. Etc. I f Mortgagor or Foundation Guarantor (i) is voluntarily
adjudicated a bankl1lpt or insolvent, (ii) seeks or consents to the appointment of a receiver or tl1lstee for
itsclf or for all or any pm1 of its property. (iii) files a petition seeking relief, including reorganization,
ammgement or similar relief, under the present Bankntptcy Code or other similar present or future
applicable laws of the United States or any state or any other competent jurisdiction, (iv) makes a general
assignment for the benefit of crediton; or (v) admits in writing its inability to pay its debts as they mature:
(vi) Involuntary Bankruptcy, Etc. If a receiver or trustee is appointed for M0I1gagor
or Foundation Guarantor or for all or any part of their respective properties without their respective
consents and such appointment is not vacated witllin sixty (60) days, or if a petition is flied against
M0I1gagor or Foundation Guarantor seeking relief, including rcor!:,THIlization, ammgement or similar relief.
under the present Bankruptcy Code or other similar present or fllU.tre applicable laws of the United States
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or any state or other competent jl11isdiction. and such petition is not dismissed within sixty (()O) days alkr
the filing thereol;
(vii) Dissolution. If tvlortgagor or Foundation (iuarantor voluntarily or involuntarily
dissolves or liquidates;
(viii) Site Lease. If the ~\'10l1gagor shall default under the Site Lease or the Site Lease
should be tenninated for any reason;
(ix) Defimlt Under Loan Documents. Ifany delimit occurs under any of the other Related
Documents or if ,my obligation of M0I1gagor under any of the other Related Documents is not fillly
perfomled;
(x) Foreclosure of Other Liens. I I' the holder of any mortgage or other lien on the
Mortgaged Propel1y. whether a Pennitted Title Exception or not (without hereby impl)~ng M0I1gagee's
consent to any such m0l1gage or other lien) institutes foreclosure or other proccedings for the enforcement
of any of its remedies th('reunder; or
(xi) Delimit Under Junior M0I1gage. I fany defilUlt or any event o I' de Ii III It occurs under
any pennitted Junior Mortgage. whether or not foreclosure or other proceedings have been instituted
thercunder.
ARTICLE VIII
RIGHTS AND REMEDIES
8.1 Remedies. Subjcct to Section 10.15 hercoC ifan Evcnt ofDef~1U1t shall havc occUlTed, and
after the giving o I' any required notice and after the expiration ofany available cure period, M0I1gagee may,
at its option, excrcise any, some or all of the following remedies, conculTently or consecutively.
(i) Accelcration. Mortgagee may declare all of the unpaid Obligations, together with all
accrued interest thereon, to be due and payablc without notice or dcmand which arc hereby expressly
waived, and upon such declmlltion all such Obligations shall immcdiately become due and payable as fidly
and to U1C samc cffcct as if the datc of such declaration wcre thc datc OIiginally spccified for thc fhll
paymcnt or maturity thcreof.
(ii) Mortgagec's Right to Entcr and like Possession, Operate and Apply Income.
Mortgagee may dcmand that Mortgagor surrcnder the actual possession of the Mortgaged Property and
upon such demand, to the extent pennitted by applicablc law, Mortgagor shall forthwith summder same
to Mortgagce and, to Ule cxtcnt pcnnittcd by law, Mortgagce itsclf. or by such otTicers or agents as it may
appoint, mayentcr and take posscssion o fall ofUle Mortgaged Property and may exclude Mortgagor and
its agcnts and cmployccs wholly thcrefrom.
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(a) I fivl0l1gagor shall for any reason f:lil tn slllTCnderor ddiver the i\10l1gaged
Propel1y or any part thereof aner tvloJ1gagee's dcmand. Mortgagee may obtain a judgment or order
confcning on M0l1gagee the light to immediate posscssion or requiling the i\ lOJ1gagor to delivcr immediatc
posscssion to rV10l1gagee. to thc entry of which judgmcnt or dccrcc thc M0I1gagor hereby speci fically
conscnts.
(b) rvlortgagce may lium timc to timc: (A) continuc and complete construction
of: hold. store. usc. opcrate.manage and control the i\lm1gaged PropCl1y and conduct thc business thcreof:
(13) make all reasonably ncccssar)' maintcnance. repairs. rencwals. replacemcnts. additions. bettellllcnts
and improvcmcnts thereto and thereon and purchasc or otherwisc acquire additional Fixtures and Personal
Propcl1y: (C) insure or keep the Mortgaged PropeJ1Y insurcd; (D) exercisc all the lights and powers of thc
rvl0l1gagor in its namc or othcrwisc with respect to the samc; and (E) cntcr into agrccmcnts with others
(including. without limitation. new Le~L<;es or amendmcnts. cxtcnsions. or cancellations to existing Lcases)
all as M0I1gagce lium timc to timc may dcterll1ine in its sole discretion. rV10l1gagor hercby constitutes and
irTcvocablyappoints Mm1gagcc its tl1le and lawflll attolllcy-in-!:Ict. which appointment is coupled \\'ith an
intcrcst. with fidl power of substitution. and cmpowers said attolllcy or attollleys in the namc ofMm1gagor.
but at the option of said attollley-in-f:lct. to do any and all acts and executc any and all agrcemcnts that
Mm1gagce may dccmnecess~lI)' or propcr to implcment and PCrtOllll any and all of the forcgoing.
(iii) 111e Mortgagce may. with or without takingpossessionofthc M0I1gagcd Property
as hereinabove providcd. collect and rcceive all thc Rents therefrom. including those past due as wcll as
those accming thereal1er, and shall apply the manics so received first, to the paymcnt of all costs and
expenscs (including, without limitation, reasonable attomeys' fees and expcnses) inculTed by Mortgagee
and its agents in connection with the collection of same, whether or not in possession of the M0l1gaged
Proper1y, and second. in such order as Mortgagee may elcct, to the payment of the Obligations.
(iv) Proceedings To Recover Sums Due. (a) I I' any installment or pal1 of any Obligation
shall Hlil to be paid when due, MOI1gagee shall be entitled to sue for and to recover judgment against the
Ivl0l1gagor for the <Ullount so due and unpaid together with all costs and expenses (including, without
limitation. reasonable attomeys' fees and expenses) incurred by MOJ1gagee in connection with such
proceeding. together with interest thereon at the Default Rate from the date incurred by MOI1gagee. Any
such judgment against the MOI1gagor shall bear interest at the Dcl:llIlt Rate. 1\11 such costs ami expenses
shall be secured by this Mortgage and shall be due and payable by Mortgagor immediately.
(b) If Mortgagor shall filii to pay upon the Mortgagee's demand. aner
acceleration as provided in Subsection 8.1 (i), all o I' the unpaid Obligations, togetherwithall accnred intcrest
thereon, tvtol1gagec shall be entitled to sue for and to recover judgment against the MOJ1gagor for the entire
amount so due and unpaid together with all costs and expenses (including, without limitation, rcasonable
attomcys' fees amI expenses) incurred by MOI1gagee in cOlllledioll with such proceeding. together with
interest thereon at the Dcfillllt Rate from the date incurred by MOI1gagee. Any such judgment against the
MOJ1gagor shall bear interest at the Default Rate. All such costs amI expcnses shall be secured by this
tvlOl1gage and shall be payable by Mortgagor immediately. tvt0l1gagee's light under this Subsection (b)
23
may be exen.:iscd by 1\ lortgagee eithcr before. alkr or dUling tl1~ pcndcncy of any procecdings lilr the
cnfim:cment of this ivl1ll1gagc. including appellate prll..:eedings.
(l') N 0 reco\~ry orany judgment as provided in Subsections (a) and (b) above
amino allachmcnt or by o I' any execution upon any orth~ ivlortg~~~~d Property or any other property shall
in any way ailed the lien of this MOl1gagc upon the \ 1011gaged Prnpel1y or any pal1 thereof. or any lil'n.
rights, powers. or rcmedics of Mortgagee.: hcreunda. hut such licn. rights. pll\\'ers and rcme.:dies shall
continue unimpaire.:d as bd()re.:.
(\') FOIwlosure. ~1011gagee may institute proccedings !()r the pal1ial or complete.:
f(lreclosun: of this MOl1gage and rvl0l1gagee may, pUt:'uant to any tinaljudgmcnt or li)reclosure. scllthe
7'\'1011gaged Prnpcl1y as an cntirc.:ty or in separate lots. units, or parcels.
(a) In case of a lilreclosur.: sale oral! or any part of the rvl1ll1gaged Property.
the proceeds ofsalc shall he applied in accordance with Section s.~ hereof: and the Mortgagee shall be
entitled to seek a ddiciency judgment against the ivlongagor to enforce payment ofany and all Obligations
then T\:maining due and unpaid. together with interest thereon. and to recon~r a judgment against the
iv1011gagor theref()r. which judgment shall bear interest at the lkfauIt Rate.
(b) 'l1le 1\10ngagec is authOlized to foreclose this iv1011gage subject to the
lights ofml)' tenants of the Mongaged Property, or rvlongagee may elect which tenants rv10rtgagee desires
to namc as parties defendant in such foreclosure and failure to makc any such tcnants partics defendant to
any such foreclosure proccedings and to foreclose tileir rights will not be. nor be asserted by the M0I1gagor
to be. a defense to any proceedings instituted by the ~'10rtgagee to collect tile unpaid Obligations or to
collect an)' deficiency remaining unpaid after the fi)reclosure sale of the M0I1gaged Propel1y.
(vi) Receiver. Mortgagee may apply to any court or competent jurisdiction to have a
receiver appointcd to enter upon and take possession of the r-.1011gaged Property, collect the Rents
therefrom and apply the same as the coun may direct. such receiver to have all orthe rights ami powers
pcnnitted under the laws of the State, The right of the appointment of such receiver shall be a matter of
strict right without rcgard to the value or the occupancy or the 1\ 1011gaged Propel1y or thc solvency or
insolvency of Mortgagor. The expenses. including receiver's tees, attollleys' fees, costs and agent's
commission incurred pursuant to the powers hcrein contained. together with interest thereon at the Det:1lI1t
Rate, shall be secured hereby and shall be duc and payablc by Mortgagor immcdiately without noticc or
demand. Notwithstanding the appointment orany receiver or other cllstodian, M0I1gagee shall be entitled
as pledgee to the posscssion and control of any cash or dcposits at tile time held by. payable, or deliverable
under the tenllS of this Mortgage to the I'vtortgagec. and the Mongagec shall have the light to onset the
unpaid Obligations against any such cash or deposits in such order as M0I1gagee may elect.
(vii) Remedies as to Personal Property. M0I1gagee may exercise any or all or its lights
and remedies undcrthe Unifonll Commercial Code-Secured Transactions as adopted by the State or other
applicable law as well as all other rights and remedies possessed by M0I1gagec. all of which shall be
cumulative. 10 the extent pelmitted by law. Mortgagee is herehy authOl;zed and empowered to enter the
24
~10I1gaged Property or other place where the Personal Property nKIY be hll'<ltcd without kg.al process,
and to take possession of the Personal Property without notice or demand. which herd)~' arc wai\'cd tll
the maximum extent pennitted by the laws llfthe State. Upon dcmand by :-'l11rtgagee. ~ Illrtgagor shall
make the Personal Propel1y a\'ailable to ~Iortgagec at a place reasonably con\'enient tu MllI'tgagee.
:-'Iortgagec may sell at one or more public or pri\.atc sales and 11)1' such pncc as rvl011gagec may deem
commercially reasonabh:. an)' and all of the Personal I'ropel1y secured by tillS \Iortgage. and any other
security or propcI1y held by Mortgagee and ~'lortgagee may be the purchaser o I' any or all uf the Personal
Property.
(viii) Other. 1\ 10l1gagee may institlllc and maintain any suits ami prm:eedings as the
~'10l1gagee may dcem ad\'isable (i) to pre\'ent any impairmcnt of the Mortgaged Propeny by any ads
\\'hich may bc lUllawfi.lI or in violation of this MOl1gage, (ii) to preser\'c or prote<.:l its interest in (he
~ 10l1gaged PropeI1)'. and (iii) to restrain the enl()rcement of or compliance with any (iovelllmcntal
Requirement that may be unconstitutional or olhcrwise invalid. if the cnf()l"L'emenl of or compliance \\'ith
such (jovcmmental Requirement might impair the seclllity hereunder or be prejudicial to the M0l1gagce's
interest.
R.2 Remcdics Cumulativc and ('OI1l'UITcnt. No right. power or n:mcdy of M0l1gagce as
provided in the Note, this Mor1gage. thc Loan Agreement, or the other Bond Doeumcnts is intcnded to bc
exclusive of any othcr right. power. or rcmedy or MOl1gagee, but each and c\'Cry such light, power and
remcdy shall be clImulative and concurrent and in addition to any othcr light. power or remedy available
to rvlortgagce now or hereafter existing at law or in equity and may be pursued separately. successivclyor
together against Mortgagor. or any cndorser, co-maker. surcty or guarantor of the Obligations, or the
Mortgaged Propcl1y or any pat1 thereof: or anyone or more orthem. at the sole discretion of M0I1gagee.
The Hlilure of Mortgagec to exercisc any such light, power or rcmcdy shall in no event be constl1led as a
waivcr or rclease thereoC
~. 3 Waiver, Delav or Omission. No waiver or any Event or Default hercunder shall extcnd to
or aOccl any subsequent or any other Evcnt or DeulUlt then existing, or impair any lights, powers or
fCmedies consequent thcreon, and no dclay or omission of Mor1gagee to exercise any right, power or
remedy shall be constmcd to waive any such Event or Def;!lI1l or 10 consti lule acquiescencc therein.
8.4 Crcdit or MOI1L:agec. Subject to Section 10.15 hereol: and to the maximum extent
pcnnitted by the laws or the State, upon any sale made under or byvil1ue of this Al1icle. r-...l0l1gagee may
bid for and acquirc the Mortgaged Propcrty. or any pm1 thereot: and in lieu of paying cash therefor may
apply to the purchase price. any portion oror all orthe unpaid Obligations in such order as r--'1011gagee may
dcc\.
8.5 Sale. Any salc or sales made under or by viltue or this Anicle shall operate to divest all
the estate, tight. title, intcrest, claim and demand whatsoevcr at law or in equity, of the M0I1gagor and all
Pcrsons. except tenants pursuant to Leases approved by Mortgagec, claiming by, through or under
Mortgagor in mld to the properties and rights so sold. whethcr sold to M0I1gagec or to others.
25
~U) Proofs of Claim. In thc case of any reccivcrship. insolvcncy. bankl1lptcy. reorganization.
amll1gcmcnl. adjustment. composition. seizure orthe \t0l1gaged Property by any Ciovel1lmental Authority,
or other judicial prm:eedings arlecting the I\'[0I1gagor. any cndorser. co-maker. surety. or guarantor orthe
Obligations. or any or their respcctive propel1ies. the I\ t0l1gagee. to the cxtent pennitted by law. shall be
entitled to lile such proofs of claim and othcr documents as may be neccssmy or advisable in order to have
its claim allowed in such proccedings for the entire unpaid Obligations at the date or the institution of such
proceedings. and for any additional amounts ",hidl may becomc due and payable aller such date.
S.? Waiver of Rcdemption. Notice. I\larshalling. Etc. Subject Section 10.15 hercof.
M011gagor hereby waives and releases. for iL'\Clr and :myone claiming through. by. or under it, to the
nllLximum extent pcnnitted by the laws of the State of Florida:
(a) all benelit that might accl11e to M0I1gagor by vil1uc of any pn:sent or future law
exempting the M0I1gaged Property. or any part of the proceeds :uising li"Om any sale thereof. Ihml
attachment, levy or sale on execution. or providing for any appraisement, valuation, stay of execution.
redemption or extension or time for payment.
(b) unless specitlcally required herein, all notices of del:mlt. or MOItgagee's actual
cxercise of any option or remcdy under the Bond Documents. or otherwise, and
(c) any light to have the rvt0l1gaged Propclty marshalled.
8.S Application of Proceeds. The proceeds of any sale of all or any pOltion orthc i\'tOltgaged
Property shall be applied by Mortgagee first. to thc paymcnt of receivds fees and cxpcnses, if any. and
to the payment of all costs :md expenses (including. without limitation, reasonable attol1leys' fees and
expenses) inculTcd by M01tgagee, togcthcr with intercst thcreon at the Dcl:mlt Ratc fium the date so
incurrcd, in conncction with any entf); action or proceeding under this AI1icle and. second. in such order
as MOItgagee may elect, to the paymcnt of the Obligations. MOItgagor shall be and remain liable to
Mortgagee for any difference between the net proceeds of salc and thc amount of the Obligations until all
of the Obligations havc been paid in full.
8.9 Discontinuance ofProceedin~s. IfM01tgagee shall have procccded to cnl()rce any right
hercunder or under any Rclatcd Document and such proceedings shall have been discontinued or
abandoned for any reason. thcnexcept as may be provided in any written agreement between ivtortgagor
and Mortgagee providing for the discontinuance or abandonment of such proccedings, Mortgagor and
M0I1gagee shall be restored to their fOnller positions and the lights. remedies and powcrs of iv101tgagee
shall continue as if no such proceedings had been instituted.
8.1 () M0I1g.a~ee's Actions. Subject to Section I 0.15 hereof~ Mortgagee may. at any time
without notice to <Uly Person and without consideration. do or refrain from doing any or all ofthe lollowing
actions. ,md neithcr the Mortgagor. any endorscl', en-maker, surety or guarantor of the Obligations, nor
any other Person (hercinaller in this Section 8. 10 collcctively rcfelTcd to as the "Obligor") now 01' herealler
liable lor the payment and perlomlance of the Obligations shall be relieved from the payment and
2(1
perlal1nance thcreot: unlcss specifically releascd in "1iting by l'vlol1gagce: (a) renew. extend or modi I)' thc
tenllS of the Lcttcr of Crcdit. the Reimbursemcnt Agreement. this fvl0l1gage and the other Relatcd
Documents. or any of them; (b) f()rbear or extcnd the time Itll' the paymcnt or perfi.mnance of any or all
of the Obligations: (c) apply paymcnts by any Obligor to the reduction orthe unpaid Obligations in such
manner, in such amounL<;. and at such times and in such order and priority as tvl0l1gagee may see lit; (d)
release any Obligor: (e) substitute or release in whole or in part the fvlortgaged Property or any other
collateral or any p0l1ion thereof no\\' or hereal1er held as security lor the Obligations without allccting.
disturbing or impaiIing in any manner whatsocver thc validity and ptiorityofthc licnofthis M0I1gage upon
thc M0I1gaged Property which is not rcleased or substituted. or the validity and prim;ty of any security
interest of the fvl0l1gagee in such other collateral which is not released or substituted; (l) subordinate the
lien of this rvl0l1gage or the lien of any other security interest in ~Uly other collateral now or herealler held
as seclIl;ty for the Obligations; (g) join in the cxecution or a plat or replat of the Land; (h) join in and
consent to the filing of a declaration of condominium or declaration of restrictive covcnants regarding all
or any part of the Land: (i) consent to the granting ofany eascment on the Land; and (j) generally deal with
any Obligor or any other party as Mortgagee may see lit.
8.11 Mortgag.ee's Consent. In any instance wherc thc approval. consent or the excrcise of
judgment of the l'v1011gagee is required. the granting or denial of such approval or consent and the exercise
of such judgment shall be within the reasonable discretion of the MOl1gagee.
ARTICLE IX
MORTGAGEE'S PERFORMANCE
9.1 Governmental Regulation ofMoI1~agee. MOl1gagee is subject to vmious Govcrnmental
Authorities and the laws, rules and regulations enacted, adopted and promulgatcd by them. To the extent
that Mortgagee's authority to perfonn its obligations (ifany) under this Mortgage, now or hcreal1er, may
be limited or regulated by such Governmental Authorities, Mortgagec is hcreby excused fi'om such
perfonnance.
9.2 MOl1gagee's Failure to Perfol1n. I I' Mortgagee filils to perlann its obligations (if any) under
tlllS Mortgage (except to tlle extent excused therelrom as provided in Section 9.1 above), Mortgagor shall
notify Mortgagee in writing (the "Notice") within thirty (30) days al1er MOl1gagor's obtaining knowledge
of such failure. Each such Notice shall describe in detail tile act or event constituting the non-perfanllance
by Mortgagee. Mortgagee shall have thirty (30) days aller iL<; receipt ofthe Notice to cure any such fiulurc
to perfonn, unless such cure can not be accomplished using reasonable efiorts within said thirty (30) day
peIiod, in which case M0I1gagee shall have such additional time as may be necessmy. using reasonable
efforts, to cure such non-perfom:.l:1Ce (the "Mol1gagee Cure Period").
9.3 Mortgagor's Rights and Remedies. The giving ofthe Notice ,md the expiration of the
Mortgagee Cure Period shall be conditions precedent to any light of the M0l1gagor to bIing an action
against Mortgagee.
27
ARTICLE X
1'"IISCELLANEOl;S
] 0,1 rvlaximum Rate onnterest. Nothing LOntaincd herein. in the Reill1burscm~'lll Agreeml.:nt.
or in any other Related Documt:nt. or in any instl1nllent or transaction related thereto. shall he construed
or so operate as to require the ivl011gagor or any pt:rsonliable ltll,the payment or any Obligations, to pay
interest. or any charge in the natun: or interest, in an amount or at a mte \\'hich exceeds the maximum 1~lte
of inten:st allowed by applicable law, as amended li'om time to time. Should any intert:st or other charges
in the nature of intert:st received by ivl011gagee or paid by the ivl0l1gagor or an)' pal1ies liable (t1l' the
payment of the Obligations, exceed the maximuml~lIe or inten:st allowed by applicable la\\', as amended
lium time to time. then such excess sum shall be credited against the principal balance of the Obligations,
unless the tvlortgagor or such other parties liable for such paymcnts, as applicable. shall notiry the
M0I1gagee. in writing, that the M0I1gagor or such other p:n1yclects to ha\'e such excess sum retumed to
it Illl1hwith. it being tile in lent of tile pal1ies hereto that under no cin.:umslanccs shall the M0I1gagor or any
pat1ies liabll: It)r any ofthe altlresaid payments be required to pay interest in excess of the maximum rate
of interest allowed by applicabll: law, as amended Ii'om time to time. The ~vlortgagee may. in detellllining
the maximum mte of interest allowed under applicabll: law. as amended lium time to time. take advantage
of any state or federal law, mil' or regulation in eflL'Ct fium time to time \\'hich may go\'em the mLL'\imum
rate of interest which may be reserved, charged or taken.
10.2 Continuing Agl-cement. This ivlortgage and all of the M0I1gagor's representations.
wamll1ties and covenants herein. M0I1gagee's security interest in the rvlortgaged Property and all of the
rights. powers and remedies ofM0I1gagee hercunder shall continue in filII lorce and eflect until all of the
Obligations have been paid and perlolllled in filiI. F11I1hellllore. iflor any reason no Obligations are owing.
notwithstanding such occurrence, this ivl011gagc shall remain valid and in filII force and cffect as to
subsequent Obligations, so long as Mortgagee has not executed a satisfilction of m0l1gage; provided.
however, that the indemnific.ltions set forth in Al1ic1c V ofthis i\ lortgage shall sUlvive the satisfaction or this
M0I1gage.
10.3 Survival of \Vammties and Covenants. The \\'an'anties, representations, covenants and
agreements set forth in this Mortgage shall survive the issuance ofthe Bonds and the execution and delivery
of the Letter of Credit, and shall continue in lid I force and ef1ect until all of the Obligations shall have been
paid Lmd perf01l11ed in full.
10.4 No Representation By Mortgagee. By accepting or approving anything required to be
observed, perfonlled or Ihlfilled. or to be given to MOl1gagee. pursuant to tilis M0I1gage. or the other
Related Documents, M011gagee shall not be deemed to ha\'e warranted or represented the suflidency,
legalit~~ efTectiveness or legal ef1ect of the same, or of any tellll. provision or condition thereof: and such
acceptance or approval thereof shall not be or constitute any warranty or representation with respect
thereto by Mortgagee.
28
10.5 Notice. All notices, demands. requests and other communications required under this
~ 10rtgage may be given by telex, telegram. or con fin11ed telccopy. or in writing delivered by hand or mail
and sh..1.11 be conclusively deemed to have been received irdeli\.ered or attempted to be delivered by United
States first class mail. return receipt requested. postage prepaid, addressed to the party for whom it is
intended at its Notice Address.
10.6 M.ill:!gagee's Right to Pay and Perf 01111. I I' :-'Iortgagor shall CLtil to duly payor perll))111 any
ofthe Obligations required by this Mortgage. then at any time therealler \\ithout notice to or demand upon
~1011gagor. and WiOlout waiving or releasing ,my right. remedy. or power of Mortgagee. and without
releasing any of the Obligations or any Default. ~10I1gagee may payor perfC)Jlll such Obligation fllr the
account of and at the expense of M011 gagor, ,md shall. to the extent pennitted by law. have the light to
enter and to authOlize others to enter upon the Mortgaged Propel1y lor such pllJpose and to take all such
action thereon and with respect to the Mortgaged Propel1y as may bc necessmy or appropliate for such
purpose. All reasonable payments made and all costs and expcnscs (including. without limitation.
reasonable attorneys' fees and expenses) inculTL't! by M(1I1gag(~e, together with interest thereon at the
Default Ratc fi'om the date inculTcd by Mortgagee shall be secured by Olis M0I1gage and shall be due and
payable by M0I1gagor immediately, whether or not there be notice, demand. an attempt to collcct same,
or suit pending.
10.7 Covenants Running With the umd. All co\'enants contained in this MOIigage shall be
binding on the MOIigagor and shall \1m with the L.:md.
10.8 Successors and Assigns. All of the ten11S of this M0I1gagc shall apply to and be binding
upon, and inure to the benefit of, the heirs. devisees. personal representatives. successors and assigns of
tv10rtgagor and MOIigagee, respectivcly, and all persons claiming under or through them.
10.9 Invalidity. If anyone or more of the provisions contained in this Mortgage is declared or
found by a comi of competent jurisdiction to be in\'alid. illegal. or unenlorceable, such provision or p0l1ion
thereofshall be deemed stricken and scvcred and the remaining provisions hereofshall continue in lidl force
and effect.
10.10 ModilicatiOll No agreement unless in writing and signed by an authOlized ollicer of
Mortgagee and no course of dealing bctween the patiies hereto shall be ellcctive to change, waive,
tenninatc, 1l100.lily, discharge, or release in whole or in pal1 ,my provision of this Mortgage. No waiver of
any rights or powers of tvtOligagee or consent by it shall be valid unless in writing signed by an authorized
oflicer of M0I1gagee and then such waiver or consent shall be clfective only in Ole speci fic instance ami for
the specific purpose for which given.
10.11 Applicable Law. This Mortgage shall be constmed, interpreted. enforced and govellled
by and in accordance with Ole laws of Ole State of Florida (cxclmJing the principles thereof govcming
conflicts of law), and federal law, in the event fedemllaw pcnnits a higher mte of interest than State law.
29
Arbitration procccdings will be dctennincd in accordance with the Arbitration Act. the IlIles and
procedures for the arbitration offinancial services disputesorJ.AM.S./Endispute or any successor thereof
("J.AJvt.S. "). and the ten11S ofthis paragraph. In the event of any inconsistency. the tenns of this paragraph
shall control.
10.12 Strict Perfollnance. It is specifically agreed that time is of the essence as to all matters
provided lor in this MOl1gage and that no waiver of any Obligation hereunder or secured hereby shall at
any time therealler be held to be a \\'aiver oftl1(; Obligations.
10.13 Arbitration and Waiver of .llIrv Trial. This Section 10.13 concell1s the resolution of any
controvcrsies or claims bet\\'ccn the rv101igagor and thc Mortgagee. whether :uising in contr::ct. tOli or hy
statute. that arise out ofor relate to: (i) this MOJigage (including any renewals. extensions or modifications):
or (ii) any document related to this rv101igage: (collectively a "Claim").
At the request of the M0I1gagor or the MOIigagee. any Claim shall be resolved by binding
arbitration in accordance with the Fcderal Arbitration Act (Title 9. U. S. Code) (the "Arbitration Act").
The Act will apply cven though this MOIigage provides that it is govcll1ed by the law of a speci lied state.
The arbitration shall be administered by J.AM.S. and conducted in Pincllas Count)'. FIOIida. All
Claims shall be detel111incd by one arbitrator; howevcr. if Claims excced SS.OOO.OOO. upon the request of
:my pariy. the Claims shall be decided by three arbitrators. All arbitration hearings shall comlllcnce within
90 days of tile dcmand for arbitration and close within 90 days of commenccment and thc award of thc
arbitrator(s) shall be issued witllin 30 days of the close of thc hcaring. Ho\\'ever. the arbitrator(s), upon
a showing of good causc. may cxtend the commcncement of the hearing lor up to an additional 60 days.
11le arbitrator(s) shall provide a concise written statcmcnt of reasons for tile award. The arbitration award
may bc submittcd to any couli having jurisdiction to be confillllcd and enforced.
TI1C arbitrator(s) \\ill have the authOlity to dccide whether any Claim is b:med by the statute of
limitations and. if so, to dismiss the arbitration on that basis. For pllll10ses Oftllc application of the statutc
oflimitations, the scrvicc on .l.A.M.S. underapplicable lA.M.S. I1Iles ofa notice of Claim is the equivalent
ofthe filingofa lawsuit. Any disputc conceming this arbitration provision or whcther a Claim is mbitrable
shall bc detcllllined by tile arbitrator(s). The arbitrator(s) shall havc the power to award legal fces pursuant
to the tellns of this MOIigage and Sccurity Agreemcnt.
TIlis parngraph docs not limit tile light of tile MOIigagor or tile MOIigagec to: (i) exercisc self-help
rcmedies. such as but not limited to. scton; (ii) initiatc judicial or nOlliudicial ll)rcc!osurc against an)' real
or pcrsonal propcliy collateral: (iii) excrcise any judicial or power of salc rights, or (iv) act in a COUti of
law to obtain an interim remedy, such as but not limited to. i1liunctive relict: writ of possession or
appointment of a recciver, or additional or supplemcntmy rcmcdies.
By agrceing to binding arbitration, tile p:u1ies ill'Cvocably and voluntarily waive any light they may
havc to a tlial by jlllY in respcct of any Claim. FlIIihellnorc, without intending in any way to limit this
3()
i\10l1gage to arbitrate. to the cxtent an)' Claim is not arbitrated. the panics ilTe\'ocably and \"Oh1l1talily wai\'c
an)' light thcy may ha\'c to a tlial by jury in respect of such Claim.
No provision in this ivlnrtgage regarding submission to jlllisdiction anlVor venue in any court is
intended or shall be constl1led to be inlh:rogationof the provisions of this Mongage fix arbitration of an)'
contro\'cl-sy or claim.
10.15 Provisions Rclatin1J to the Site Lease. ~I()rtgagor represents that City of Clearwater.
FIOlida (the "City") has consent cd to this i\10l1gage in \\'titing. as c\.idenced hy the Resolution of the City
an exccrpt of which is attach cd hcreto as Exhibit B. to the cxtent that it docs not mlxlif)'or nullif)' any tt:llllS.
provisions. covenants, conditions or obligatiOll'> of the Site Lease. that a tme copy ofthis M0I1gagc togl,ther
with the Note and the other obligations secured hereby and the namc and address of Mortgagor has been
provided to the City by hand dclivery or cCl1ilied mail. retum receipt requested. or by o\'emight courier
service and that the tellll of the Note and thc Bonds is less than or equal to the remaining tellll of the Site
Lease. Mortgagee, by accepting the bcnefits of this M0l1gage, covenants and agrees with the City that
notwithstanding anything to the contrmy contained herein. M0I1gagee shall not conclude any foreclosure
action by aflccting ajudicial sale of Mortgagor's leasehold interest in the M0I1gagcd Propel1y to occur until
the expiration of 120 days linm thc date on which Mortgagee gi\'es wlitten notice to City of ivl011gagor's
delimit under the Site Lease, and specifYing what actions are required to cure such delimit. and Mortgagce
agrees that during such time the City may at iL'> option cure such defaults alllVor provide a "substitute lessee"
acceptable to Mortgagee upon tCI111S as may be required by rvlortgagee, and which shall not serve to
relcase Mortgagor from any liabilities owned to M0I1gagce. In the event ora foreclosure of this M0I1gage.
M0I1gagce, its nominee, successors. assigns, or a purchaser at a foreclosure sale shall assume the Sitl'
Lease upon the same tCllllS, provisions, co\'enants. conditions and obligations as are set f0l1h therein.
IN WITNESS WHEREOF. Mortgagor has cxccutcd this instl1ll11cnt as of the day and ycar first
above writtcn.
Signed. scaled and delivered
in the presence ot:
PACe INC.
By:
Print Name:
Its President and CEO
Print Name:
31
STATE OF FLORIDA )
) S5:
COUNTY OF PINELLAS )
111C foregoing instnul1ent was acknowledged bcfore me this _ day of
, as President of PAC1: Inc. a Flotida not-far-profit corporation.
a dliver's license as identification and did not take an oath.
,2003 by
He/She produced
Notal)' Public
Co ..,....,u.""o..'.erlll.rd
32
EXHIBIT "A"
LEGAL DESCRIPTION
G:\141!4\2N\nlort~.Jc(l) ~.rd
33
Clean\'ater City Commission
.-\genda C o\'er
\ lemorandul11
\ Vorksession Item ;::
L_18
aL\
Final Agenda Item ::
Meeting Date:
2/20;03
SU BJ ECT/RECOMM ENDA TION:
Approve GMP (guaranteed maximum price) contract amendment with Turner Construction
Company, 500 N. Westshore Blvd., Tampa, FL for the new Main Library in the amount of
514,532,915 and authorize 51,332,000 of that amount for construction, and approve the
appropriation and transfer of 51,132,000 of the unrestricted fund balance of the General Fund to
provide advanced funding for Clearwater library Foundation funds which are to be contributed to
the City for this expenditure, and direct that Foundation funds received will first be used to
replenish the $1,132,000 of General Fund monies used,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
The construction budget for the new Main Library is $14.532,915. The Commission has authorized
$13,200,915 of this budget to Turner Construction Company for the following:
Construction Budget
Turner's Fees
Construction Authorization #1
Construction Authorization #2
Construction Authorization #3
Construction Authorization #4
I otal Remaining to Authorize
(July 12, 2001)
(April 18,2002)
(July 18, 2002)
(September 5, 2002)
(January 23, 2003)
Construction Authorization-w/GMP (February 20. 2003)
Total Remaining to Authorize
$14,532,915
($1,560,100)
($1,466,426)
($2,736,078)
($5,024,690)
($2,413.621 )
$1,332,000
( $1,332.000)
-0-
Approval of the GMP (guaranteed maximum price) contract amendment will authorize an additional
$1,332,000, These funds are from the Clearwater library Foundation's Main Library Capital
Campaign ($200,000) and the City's General Fund Retained Earnings ($1,132,000). A first quarter
budget amendment will transfer General Fund retained earnings to the library construction project in
the amount of $1,132,000. With the allocation of the S1,132,OOO of reserves for this project, General
Fund reserves will still remain at 51 O.4M which is almost $2.6M above the 8.5% reserve.
The 51,132,000 from the City's General Fund Retained Earnings will be replenished by the
Clearwater library Foundation as Main Library Capital Campaign pledges are fulfilled, prior to
recognizing Foundation pledges to furnish the library.
Reviewed ~:
Legal "
Budget \..,J
Purchasing (li-I.!
Risk Mgmt x
Originating Dept:
Info Srvc ii~x./ 7 Library/John Szabo b
Public Works $ U1ler Dept.
DCM/ACM . ~ Library
Other x Attachments
Submitted by: Q..' J J.
City Manager ~ ~
o None
Print"" nf"\ ,,..r,,,..IA'" n:lnAr
Costs
Total 51.332,000
Funding Source:
Current CI
FY
~ OP
I Other
!
I Appropriation Codo: 348-93523
Rov.2198
MAIN LIBRARY
City of Clearwater and Clearwater Library Foundation
Financial Conlmitments
City Foundation Total
Construction $11.1M $ 3.4 M $14.5 M
Fixtures, Funlishings, Equipment $ 1.4 M $ 1.3 M $2,7M
Other (architect's fees, ete,) $2.7 M $ .3 M $ 3 M
Total $15.2 M $ 5 M $20,2 M
*The agenda item will construct 90,000 sq. ft. and furnish 46,000 sq. ft.
Jt.p '. d '+
C U !\!.'\\I/\TER
L1BP I\i,'\
FOUNDATION
OFFICERS
President
W Alex Job
VERISON
February IS. 2003
Vice President
Richard A Clemens
Mernll Lynch
Dear Mayor and Commissioners:
Treasurer
Rita Garvey
Former Mayor of Clearwater
As excitement about the new Main Library grows each day. the Clearwater
Library Foundation continucs its work to raise 55.000.000 for this important
project. With today's check for 5200.000. thc Foundation will havc
transferred 52.300,000 to the City. Our cash and pledges total almost
54.000.000 - an exceptional achic\'cment in light of our CUlTent economy.
Secretary
Jackie Orr
Civic Volunteer
Jeanette Alben
Civic Volunteer
Please know that as the City proceeds with construction. the Foundation
remains finnly committed to our tvtain Library Capital Campaign and its
goal 01'55,000,000. As pledges are fulfilled and additional donations
received, we will transfer funds to the City.
TRUSTEES
Tony Bacon
Friends of the Clearwater
Library
Thank YOll for your continued support of our new ~'tain Library. A Library
that will speak volumes about our City's commitment to family education
and quality of life.
Joseph E Cntchley
Critchley & Associates
Realty. Inc.
Yvonne Gubner
Civic Volunteer
Sincerely,
Judy Melges
Library Advisory Board
Capital Campaign
W~r
\Y. Alex Job, President
Clearwater Library Foundation
Mike Meidel
Clearwater Regional
Chamber of Commerce
EX OFFICIO
9::s~: :!f~
Capital Campaign Community Chair
Mercedes Wall;er Dickinson
Past President
121 t'~;.'rth O~;("I".):..l ':'.;i!fl:II!, C'''l!'', .,',.( r',..(I:!.i ...,;::~.:
PI10f1(C ,7'2.7) ,\(;:> ,:. ',";.:1. ;',:.; :~,;.. i.;.','j .:. ','\.1/0
8~L."
s ~
C;:j ,d, .
dl'.-:-, ~
(~~4'
'Y,4TE9..'
Clearwater City Commission
Agenda Coyer Memoranclum
Final Agenda Item #
.-, c~
,oX --
cA-:)
Meeting Date:
"(-,:J( ,'.~)
SUBJECT/RECOMMENDATION:
Authorize settlement of City v. Wagenvoord Advertising Group, Inc.. etc., Case No. 02-9512-CI-15
in an amount not to exceed $310,000.
[g] and that the appropriate officials be authorized to execute same,
SUMMARY:
This matter arises from an action filed by the City against Wagenvoord Advertising Group, Inc., d/b/a
WTAN, Inc., to eject a tower erected by WTAN from City owned property.
The property WT AN is encroaching upon is part of a tract to be used for a construction and
maintenance easement by FOOT in the Memorial Causeway Bridge Project.
The parties have reached the following tentative settlement.
. WTAN will convey all rights it has in all property west of Pierce Boulevard to the City.
. The City will pay WTAN $250,000 at closing and an additional $50,000 upon taking possession
of the property. Closing costs and related expenses are not to exceed an additional $10,000.
. WT AN will receive site plan approval to relocate its tower to a commercially zoned tract of land
located at 704-706 North Myrtle Avenue, Clearwater.
. WTAN guarantees delivery of possession no later than March 14, 2003 (this is expected to
dramatically reduce if not eliminate additional construction costs associated with engineering
around the tower as well as projected additional costs associated with its continued presence on
the WT AN tract near Pierce Boulevard).
. The parties will exchange mutual releases and the civil action will be dismissed.
. Authorization is sought to settle this action pursuant to the above terms and to authorize the
execution of a settlement agreement and release.
. Funding for this settlement will result in a 5310,000 increase to the project budget at mid-year
recognizing the planned use of interest earnings on funds deposited with the State of Florida.
These funds will be returned to us for this settlement appropriation upon our request.
Reviewed bm Originati"Jl J/.t:
Legal Info Tech . Legal
NA
Budget ~ Public Works NA User Dept. ~
-
Purchasin DCM/ACM C^h..../~e-?;.;:lrJ(,-f\~ ..
g - -
Risk Mgmt NA Other NA Attachments
- -
Costs $310,000
Total
Funding Source:
Caploallmprovemanl
x
Current Fiscal Year
Oporalong
Other
Appropriation Code:
Submitted by:
City Manager
o Printed on recycled paper
2/98
o None
315-92820
Rev.
.--
"~Vl""~_
,<:i~:: :c
~'-~- <:::i
~=- ~
~If.4TE~.<c'~
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #: p Li).3
Final Agenda Item # ~ (~-
Meeting Date:
SUBJECT/RECOMMENDATION: Approve an amendment to the Joint Participation Agreement and
Memorandum of Agreement between the Florida Department of Transportation and the City of
Clearwater for the Memorial Causeway Bridge replacement, and adopt Resolution #03-14,
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. On June 27, 1997, the City Commission approved the Joint Participation Agreement (JPA)
between the Florida Department of Transportation (FOOT) and the City of Clearwater for design,
right-of-way acquisition and construction of the Memorial Causeway Bridge replacement. This
JPA was amended in January 2001 to recognize $12 million in federal funding, again in June 2001
to recognize an additional $8,770,662 in federal funding, and again in November 2001 to reflect
the actual construction bid costs.
. The transmission tower for WT AN radio encroaches upon part of a tract of City owned land to be
used for a construction and maintenance easement by FOOT.
. The City is entering in to a Settlement Agreement with WT AN whereby WT AN will convey to the
City all rights it has in all property west of Pierce Boulevard. The City will pay WTAN $300,000 as
compensation for the property.
. Including closing costs, the total estimated cost to the City is $310,000 which will be paid from
interest earnings on the City's advance cash deposit to FOOT for the bridge construction.
. The latest JPA amendment authorized FOOT to spend these interest earnings on the project, but
did not consider returning funds to the City to use.
. This amendment authorizes FOOT to return up to $310,000 of interest earnings to the City,
. A copy of the "Joint Participation Agreement 4th Amendment" is available for review in the Official
Records and Legislative Services office.
I")
Revlewod by: Originating Oept: mCV Costs $ None
Legal fM Info Srvc ~ Public Works Administr~on Total
(M, Quillon)
Budget NA Public Works User Oept. Funding Source:
-
Purchasing N/A DCM/ACM ~ Current FY CI
- --
Risk Mgmt N/A Other tftA Attachmonts OP
- \ ,((\ J
Finance Other
Submitted by: W Al.. "or ~ o Resolution #03.14
City Manager Appropriation Code:
o Printed on recycled paper MCB JPA 4th Amendment Agenda Item Rev. 2/98
RESOLUTION NO, 03-14
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF THE FOURTH AMENDMENT
TO THE JOINT PARTICIPATION AGREEMENT BETWEEN THE CITY
OF CLEARWATER AND THE STATE OF FLORIDA DEPARTMENT
OF TRANSPORTATION, TO CONSTRUCT A NEW MEMORIAL
CAUSEWAY EAST BRIDGE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on June 27, 1997, the City Commission approved the Joint
Participation Agreement (JPA) between the Florida Department of Transportation (FOOT)
and the City of Clearwater for the design, right-of-way acquisition and construction of the
Memorial Causeway Bridge replacement. This JPA was amended in January 2001 to
recognize $12 million in federal funding, again in June 2001 to recognize an additional
$8,770,662 in federal funding, and again in November 2001 to reflect the actual
construction bid costs; and
WHEREAS, the City will incur additional costs relating to the complete
purchase of the WTAN radio property, such costs to be paid from interest earnings on the
City's advance cash deposit to FOOT for the bridge construction; and
WHEREAS, it is necessary to amend the JPA to authorize FOOT to return
these interest earnings to 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 fourth
amendment to the Joint Participation Agreement between the City of Clearwater and the
Florida Department of Transportation and authorizes the execution of the same.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003,
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
--1!4-d
City Attorney
Attest:
Cynthia E, Goudeau
City Clerk
lil_':;,_~>:::iOI1 no. 03-11
, '.1(', Pee 3
..hl' . 2.b
Clcarwatcr Mcmorial Bridge
jP.-\ :\mcndnwllI Number -l
FPN: 2570931 5201
FOURTII Al\IENDMENT TO THE JOINT PARTICIPATION AGREEMENT
CLEAR\VATER MEMORIAL C:\USE\VAY EAST BRIDGE
THIS AGREEMENT, made and entered into this _ day of . 2003 by and
between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an agency orthe
State of Florida, hereinafterrefen-ed to as the DEI' ARTMENT, and the CITY OF CLEARW ATER,
hereinafter rcrcn'cd to as the CITY.
\\' I T N E SSE T II :
\\'HEREAS, on June 27, 1997, the DEPARTMENT and thc CITY entered into a Joint
Participation Agreement, and on January 5, 200 I cntercd into a first amendment to the Joint
Participation Agreement, and entered into a second amendmcnt to the Joint Participation Agreement
on June 19,200 I, and a third amendmcnt was entcred into on November 2,2001 for thc Clearwater
Memorial Causeway East Bridge Replacemcnt. hereinat1er referred to as the PROJECT; and
\\'HEREAS, thc CITY has deposited $29,294,415 into an interest bearing cscrow account
established by the DEPARTMENT for the PROJECT, with interest accruing to the PROJECT; and
\VHEREAS, interest that has accrued to the PROJECT ean be returned to the CITY to meet
its nceds, upon request, ifnot otherwise needed for the cost OVCITuns or supplemental agreements of
the PROJECT; and
\VHEREAS, the DEI' ARTMENT concludes that as much as S31 0,000 is not need cd for cost
oven'uns or supplemental agreements of the PROJECT; and
\VI-IEREAS, the CITY, by Resolution No, , a copy of which is attached hereto and
by reference made a part hereof, has authorized its officers to execute this Fourth Amendment to the
Joint Participation Agreemcnt on its behalf,
NO\V, THEREFORE \VITNESSETH: that for and in consideration of the mutual benefits
to flow from each to the other, the parties hereto agree that the above described Joint Participation
Agrcement as amended is to be further amcnded as follows:
Paragraph Two (2), Page Two (2) of Amendment Threc is amended to read as follows:
Clearwater Mcmorial Bridge
JP A Amcndment Number 4
FPN: 257093 1 5201
The CITY will calculate the appropriate interest earnings for the DEPARTMENT to apply to the
Project in a manner to maximize the available funds for the project while also mecting applicable
laws and regulations, The CITY may withdraw any interest carnings above this amount to be
used as appropriate under the Bond ~csolution, and applicable tuws and regulations, In addition,
the CITY may, upon request, withdraw intcrest earnings that have accrued to the PROJECT in an
amount not to exceed $310,000 (three /llmdred tell thousand dollars) to meet an immediatc need
of the City, Notification of said amounts will be made to the DEPARTMENT by thc CITY on
the attached Request For Interest Disbursement fonn within 30 days of quarterly notification of
interest earned. The CITY is responsible for ensuring that all Bond Resolution and applicablc
laws and regulations are complied with related to the bond proceeds and intcrest earnings
associated with the bond proceeds.
Except as hereby modi fied, amended or changed, all other tenns of said Agreemcnt dated June 27th,
1997, the first amendment dated January 5,2001, the second amendment datcd June 19,2001, and
the third amendment dated November 2, 2001 shall remain in full force and effect.
Clcarwater Memorial Bridge
JP A Amendmcnt Numbcr 4
FPN: 257093 I 5201
IN WITNESS WHEREOF, the parties hereto have caused these presents be executed, the day
and year tirst above written.
CITY OF CLEAR'" A TER
DEP ARTMEl.\1]' OFTRA1~SPORT A TION
WILLIAM B. HORNE, II
CITY MANAGER
DONALD j, SKELTON, P,E.
DIRECfOROF PLANNINGIPRODUcrION
COUNTER-SIGNED
BRIAN j, AUNGST
MA YOR-COMMISSIONER
ATTEST
CYNTHIA E. GOUDEAU
CITY CLERK
APPROVED AS TO FORM
APPROVED AS TO FORM, LEGALITY
PAMELA K. AKIN
CITY A ITORNEY
AITORNEY
DEP ARTMENT OF TRANSPORTATION
Cll'.lt'\' ,11('( ~klll(lI1,ll UnJe:e
F,,'Ulth Aml'n~hllt:111 ~IO:\
City ('lfCf(,~UWilll"
:5"1)"-' I 5~ 01
MEMORANDUM OF AGREEi\'IENT
AMENDMENT FOUR
THIS AGREEMENT, made and entered into this , dayof ,2003, by and
betwecn the State of Florida, Department of Trans pOi tat ion, hereinafter referred to as "Depmtment"
and the State of Florida, Department of Financial Services, Division of Treasury, hereinafter referred
to as "Treasury" and the City of Clearwater, hereinafter referrcd to as the "Pmticipant".
WITNESSETH:
WH EREAS, the Participant, the Department and the Treasury entered into a Memorandum of
Agreement dated June 27, 1997, and on January 5, 2001 entered into a first amendment to the
Memorandum of Agreement, a second amendment on June 2S, 200 I, and a third amendment on
January 17,2002, hereinafter referred to as the "MOA". The following is the project infonnation:
Financial Project No. :257093 1 52 0 I
County: Pinellas
NOW THEREFORE, in consideration of the premises and the covenants contained herein,
the parties agree to the following:
Item Number 2 (Two) of Memorandum of Agreement Amendment Number Three is
amended as follows:
A "Request for Interest Disbursement FOrol", provided to the Participant by the Department, shall be
submitted to the Department's Comptroller to notify the Department of the amount of interest to
remain in the escrow account for the purposes of the project as defined in the MOA, and the amount
to be released to the Participant to be used as appropriate under the Bond Resolution, and applicable
laws, rules and regulations. Additionally, interest earnings not to exceed S31 0,000 (three hundred
tenlhollsalld dollars) shall be returned to the CITY upon request, ifnot needed for cost overruns or
supplemental agreements, to meet the CITY's needs.
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
COMPTROLLER
STATE OF FLORIDA
DEPARTMENT OF FINANCIAL SERVICES
DIVISION OF TREASURY
CIeJlwalcr Mcmon.1lllriJ~e
Foonh Amen6menl MOA
City of Clearwalcr
257093 IS! 01
WILLIAM B. HORNE, II
CITY MANAGER
P. O. BOX 4748
CLEARWATER, FL 34618
BRIAN J, AUNGST
MA YOR-COMMISSIONER
CYNTHIA E. GOUDEAU
CITY CLERK
FEDERAL EMPLOYER ID NUMBER
APPROVED AS TO FORM
-U/1
PAMELA K. AKIN
CITY A TIORNEY
. ITEM # 00-
J()c-t
RESOLUTION NO. 03-15
A RESOLUTION OF THE CITY OF CLEARWATER,
FLORIDA. REQUIRING THE CITY TO EVALUATE WITH
PINNELLAS COUNTY EMERGENCY MANAGAEMNT
DEPARTMENT PRIOR TO CONSTRUCTION INORDER TO
INCREASE THE NUMBER OF IMPROVE HURRICANE
SHELTER SPACES: PROVIDING AN EFFECTIVE DATE.
WHEREAS, Reevaluation of Pinellas County shelter spaces in 1998 resulted in
the reduction of approximately 15,000 spaces in "Clearwater" jurisdiction, and;
WHEREAS, Florida Statute S252.38 establishes the emergency management
powers of political subdivisions. Pinellas County Emergency Management Department
maintains authority and consequently the responsibility for hurricane shelter spaces.
and;
WHEREAS, Municipally owned properties (existing and new) can be evaluated
for use as public shelter, and:
WHEREAS, it costs more to retrofit an existing building to hurricane shelter
status than to construct those features in as part of original construction, and;
WHEREAS, the Florida Emergency Management Preparedness and Assistance
Trust Fund was implemented by the Legislature and is funded by a surcharge on
insurance premiums by Florida homeowners ($2/year) and businesses ($4/year)). The
Department of Community Affairs distributes these funds under two programs: County
Sase Grant Awards and Competitive Grant Awards, and
WHEREAS Emergency Preparedness is one of the five key goals of the Tampa
Say Regional Planning Council (TBRPC) and has staff to facilitate planning and
coordination of shelters region wide. (Goal 3.2 and Strategy 3.2.2)
WHEREAS, the Clearwater City Commission has established public safety as a
key priority an, as such, wishes to cooperate with Pinellas County Emergency
Management, TSRPC, and the American Red Cross in the resolution of the current
shelter deficit in the Clearwater area; now, therefore,
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. It shall be the policy of the City of Clearwater to review with Pinellas
County Emergency Management proposed new public buildings prior to construction
start. The intent of this policy is to receive guidance from County Emergency
Resolution No. 03~15
Management personnel on which projects should be considered as a candidate to be
used as a hurricane shelter.
Section 2. The City will support the County in obtaining grant funding for the
incremental design and construction costs of converting City construction projects into
shelter spaces when appropriate.
Section 3. This resolution shall not restrict the City from proceeding with
building projects where the previous two steps have been attempted and funding
assistance is not available.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
Brian J. Aungst
Mayor -Commissioner
Approved as to form:
Attest:
Cynthia E. Goudeau
City Clerk
Pamela K. Akin
City Attorney
2
Resolution No. 03-15
( <
CITY OF CLEAR \\'ATER
Resolution XX-03
Hurricane She! tel's
WHEREAS: Ree\',duation of Pinella~ County ~helter space~ in 1998 resulted in
the reduction of approximately 15000 space~ in "Clearwater" juti~diction, and
WHEREAS: Florida Statute 252.38 establishes the emergency management powers of
political subdivisions. Pinellas County Emergency ~\'1anagement Department maintains
authority and consequently the responsibility for hurricane shelter spaces. and
\'('1_1 ERI'::\S: Municipally owned properties (existing and new) can be evaluated for use
as public shelter. and
WHEREAS: It costs more to retrotit an existing building to hurricane shelter status than
to construct those features in as part or original construction. and
WHEREAS: The Florida Emergency Management Preparedness and Assistance Trust
Fund was implemented by the Legislature and is funded by a surcharge on insurance
premiums by Florida homeowners ($2/year) and businesses ($4/year). The Department
of Community Affairs distributes these funds under a two programs: County Base Grant
Awards and Competitive Grant Awards. and
WHEREAS: Emergency Preparedness is one or the live key goals of the Tampa Bay
Regional Planning Council (TBRPC) and has staff to facilitate planning and coordination
of shelters region wide, (Goal 3.2 and Strategy 3.2.2)
WHEREAS: The Clearwater City Commission has established public safety as a key
priority and. as such. wishes to cooperate with Pinellas County Emergency Management,
TBRPC and the American Red Cross in the resolution of the current shelter deticit in the
Clearwater area.
******************
THEREFORE BE IT RESOLVED THAT: It shall be the policy of the City of
Clearwater to review with Pinellas County Emergency Management proposed new public
buildings prior to construction start. The intent of this policy is to receive guidance from
County Emergency Management personnel on which project should be considered as a
candidate to be used as a hurricane shelter,
BE IT FURTHER RESOLVED THAT: The City will support the County in obtaining
grant funding for the incremental design and construction costs of converting City
construction projects into shelter spaces when appropriate,
BE IT FURTHER RESOLVED THAT: This resolution shall not restrict the City from
proceeding with building projects where the previous two steps have been attempted and
funding assistance is not available.
CITY OF CLEARWATER
Interdepartmental Correspondence
TO:
FROM:
Mayor and Commissioners
Cyndie Goudeau, City Clerk ~)
SUBJECT:
Follow up from February 18, 2003 Work Session
COPIES:
William B. Horne, City Manager
DATE:
February 19, 2003
In response to questions raised at the February 18 Work Session, the following answers
are provided in final agenda order:
Unapproved minutes of the Special Meeting Attorney Client Closed Session, February 3, 2003
and unapproved minutes of the Commission Meeting, February 5, 2003 are provided.
Item #4d - Presentation of Phillies Ad Campaign - material provided,
Item #10 - - Ord 7085-03, Ord 7086-03, and Ord 7087-03 - 1231 Lincoln Avenue - a
question was asked about the zoning. The zoning for the properties to the east of 1231
Lincoln Ave is R4 - One, Two and Three Family Residential, the same as the subject site.
Item # 11 - Ord 7088-03 and Ord 7089-03 - 202 Windward Passage - A question was asked
about the COB vote on LUP and Z for this property. The motion for the approvai of the 202
Windward Passage amendment was unanimously carried; Ed Hooper did not vote due to a
conflict of interest.
Item #14 - Replacement of the Clearwater Mall Fire & Rescue Station No, 49 - site plan
provided. (A larger version of the site plan is available in the Commission Office,)
Item #24 - Approve GMP contract amendment with Turner Construction Company for the new
Main Library - revised item and Financial Commitments matrix are provided,
PRELIMINARY AGENDA
Clearwater City Commission Work Session - 9:00 A.M. - (Tuesday, February 18, 2003)
Service Awards
Employee of the Month -
Convene as Community Redevelopment Agency (CRA):
1 - Call to Order
2 - Approval of Minutes: 09/16/02
3 - Approve the proposed first quarter budget amendments to the FY 02/03 CRA Operating
Budget and authorize the transfer of monies to CRA project funds as requested.
4 - Executive Director (Assistant City Manager) Verbal Reports
5 - Other Business
6 - Adjourn
Convene as Pension Trustees:
1 - Call to Order
2 - Approval of Minutes: 01/21/03
3 - Request for acceptance into membership: Sam Swinton, Jr., Jere Gunderman, Jessica
Stephens, Amy Roberson, Scott Fowler, Nathan Burnside, Jeffery Richardson, Amanda
Edmunds, Shannon Anderson, Brian Jerard, Anthony Mills, Carlene Gabehart, Marc Shen,
Juan Fontella, Michael Rodriquez, and Krintina Pupke
4 - Regular Pension(s) to be granted: Dianne Burkhammer, Lawrence Browett, and Belinda
Massey
5 - Pension(s) to be vested: Brett Ward
6 - Other Business
7 - Adjourn
Reconvene Work Session
PUR PURCHASING
Approval of Purchases per Purchasinq Memorandum:
1. Work Order to revise and update master plan on a cosUbenefit analysis and reduction to
downstream impacts for $88,042 from Parson Engineering Science, Tampa, Florida, for
Alligator Creek Watershed Management Conceptual Plan. (PW)
2. Work Order for engineering, construction and inspection services for $72,710 from Post,
Buckley, Schuh & Jernigan, Inc., Tampa, Florida, for Cl8arwater Beach street improvements
to Papaya and Baymont Streets and construction of 2 parking lots at East Shore &
Causeway. (PW)
3. Purchase of four (4) Flygt pumps for $62,540 from EK Phelps & Company, Apopka,
Florida. (PWIWPC)
4. Purchase of Gas Materials - PE pipe and fittings for $210,000 from MT Deason Company,
Inc., Birmingham, Alabama. (GSS)
OS DEVELOPMENT SERVICES
1. Adopt Res. 03-07, to file a demolition lien for a total cost of $19,785.72 on the property
located at 1180 Cleveland Street; Gibson's Clearwater Heights, Lots 4-8 included (S&P
Properties - 2303 1st St. E., Bradenton, Florida).
02-18-03 Worksession Agcnda
1
Revised: 1 :02118/03
FD FIRE
1. Award a contract for the replacement of the Clearwater Mall Fire & Rescue Station No.
49 (02-0099-FD) to GLE Construction Services, Inc. of Tampa, Florida, in the amount of
$1,498,908,40, which is the lowest responsible bid received in accordance with plans and
specifications. (Consent)
FN FINANCE
1. Authorize settlement of the workers' compensation claim of Claimant, Neil Artmann. in its
entirety to include medical and indemnity for the sum of 540,000. (Consent)
IT INFORMATION TECHNOLOGY
1. Award a contract to install conduit, fiber optic cable and termination equipment to
Dolphin Communications Services, Inc., S1. Petersburg, Florida, for an amount not to
exceed $300,000 in accordance with Sec. 2.564(1 )(e), Code of Ordinances. (Consent)
LIB LIBRARY
1. Approve GMP (guaranteed maximum price) contract amendment with Turner Construction
Company, 500 N. Westshore Blvd., Tampa, Florida, for the new Main Library in the amount
of $13.400.915 and authorize $200,000 for construction (Consent)
MR MARINE /AVIATION
1. Approve the first amendment to the management agreement with the Clearwater
Community Sailing Association, allowing alcoholic beverages to be possessed, sold and
consumed within the fenced in area of the Clearwater Community Sailing Center. (Consent)
PW PUBLIC WORKS
1. Award a contract for the Demolition of Commercial Structures - 1700 Overbrook Avenue
(02-0087-EN) to Kloote Contracting, Inc. of Palm Harbor, Florida for the sum of
$106,754.70 which is the lowest responsible bid received in accordance with the plans and
specifications. (Consent)
2. Approve a contract with Gwendoline I. Martin, Trustee to purchase DRUID HEIGHTS, Block
C, Lot 1 for $111,000 plus estimated closing expenses of 520, for a total consideration of
$111,020. (Consent)
3. Approve an amendment to the Joint Participation Agreement and Memorandum of
Agreement between the Florida Department of Transportation and the City of Clearwater for
the Memorial Causeway Bridge replacement and adopt Res. 03-14.
PLD PLANNING
1. Code Discussion (WSO)
2. Review Annual Report of Transfer of Development Rights (TORs) pursuant to reporting
requirements of the Community Development Code. (Consent)
3. Public Hearing & First Reading - Ord 7076-03, Ord 7077-03, and Ord 7078-03 - Approve
the Petition for Annexation, Land Use Plan Amendment from Commercial General (CG) to
Residential/Office General (R/OG), and Zoning Atlas Amendment from C-2, General
Commercial (County) to the 0, Office District for property located at 2316 Drew Street
(Rolling Heights, Lots C and D) ANX2002-11 022 and LUZ2002-11 012
4. Public Hearing & First Reading - Ord 7079-03, Ord 7080-03, and Ord 7081-03 - Approve
the Petition for Annexation, Land Use Plan Amendment from County Commercial General
(CG), Residential/Office General (R/OG) and Preservation (P) to City Commercial General
(CG), Residential/Office General (R/OG) and Preservation (P) and Zoning Atlas Amendment
02-18-03 Worksession Agenda
2
Revised: 1 :02/18/03
from County AL, Aquatic Lands. C-3, Wholesale, Warehousing & Industrial Support, M-2.
Manufacturing & Industry, P-1. Professional Offices to City C, Commercial, 0, Office, and P,
Preservation for 1720 Overbrook Avenue (Stevenson's Creek Subdivision, Lots 3-15, and
M&B 43.05 in Sec. 03-29-15) ANX2002-11019
5. Public Hearing & First Reading - Ord 7082-03, Ord 7083-03, and Ord 7084-03 - Approve
the Petition for Annexation, Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RL) and Zoning Atlas Amendment from County A-E. Agricultural Estate
Residential to City LOR, Low Density Residential District for 3311 66th Street (M&B 33.03 in
Sec. 17-28-16) ANX2002-11020
6. Public Hearing & First Reading - Ord 7085-03, Ord 7086-03, and Ord 7087-03 - Approve
the Petition for Annexation, Land Use Plan Amendment from County Commercial General
(CG) to City Commercial General (CG) and Zoning Atlas Amendments from County R-4,
One, Two and Three Family Residential District, to City C, Commercial District for 1231
Lincoln Avenue (Oakland Heights, Lot 36) ANX2002-11021
7. Public Hearing & First Reading - Ord 7088-03 and Ord 7089-03 - Approve a Land Use Plan
Amendment from Commercial General (CG) to Residential High (RH), and a Zoning Atlas
Amendment from C, Commercial District to HDR, High Density Residential District for
property located at 202 Windward Passage (Island Estates of Clearwater Unit 5, Block 0, a
portion of Lot 9 and all of Lots 10-13, together with a portion of Vacated Dory Passage)
LUZ2002-11011
CA LEGAL DEPARTMENT
1. Adopt Res, 03-10, consenting to a leasehold mortgage entered into by PACT, Inc. and
Bank of America to finance current construction on Ruth Eckerd Hall
2. Authorize the City Attorney to allocate an additional $40,000 in the defense of the City and
James Wood in the case of Palisano v. City, for a total amount of $120,000 (Consent)
3. Authorize settlement of City v. Wagenvoord Advertising Group. Inc., etc., Case No. 02-9512-
CI-15 in an amount not to exceed $310,000 (Consent)
Second Reading Ordinances
1. Ord 7060-03 approving the applicant's request to vacate the 16-foot alley lying along a line 2
feet west of and parallel to the west property line of Lot 6, Block 16, Map of Belleair, (A.K.A.
509 "D" Street), subject to the retention of a drainage and utility easement over the westerly
15 feet of the alley, (V2002-13 City of Clearwater).
Other City Attorney Items
City Manager Verbal Reports
Commission Discussion Items
1. City Representative for Nagano trip Summer 2003 - Vice-Mayor Gray
2. Economic Development discussion
Presentation(s) for Thursday Night
1. Presentation - Phillies Spring Training ad campaign
Other Commission Action
Adjourn
02-18-03 Worksession Agenda
3
Rovised: 1 :02/18/03
~~..
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X!'",4n9.. <{
-
SUBJECT/RECOMMENDATION:
SERVICE AWARDS
Clean\'ater
City Commission
Agenda Cover Memorandum
SUMMARY:
o and that the appropriate officials be authorized to execute same.
5 Years
Keith W. Downs
Peter J. McCaffrey
15 Years
Gary L. Angell
Deborah A. Storey
Robert J. Surette
Alan R. Whitacre
Debora A. Kendall
James J. Ferro
Joseph H. Assed
Laura J. Burgess
David A. Taggart
Gas
Parks & Recreation
Public Services
Police
Legal
Police
Parks & Recreation
Police
Public Utilities
Legal
Engineering
Reviewed by:
Legal NA Info Tech NA
Budget NA Public Works NA
-
Purchasing NA DCM/ACM
- -
Risk Mgmt NA Other NA
- -
Submitted by:
City Manager
o Printed on recycled paper
2/98
Originating Dept:
Human Resources
User Dept.
Attachments
o None
Final Agenda Item #
Meeting. Date:
Costs
Funding Source:
Captial
Improvement
Oporatlng
Other
Appropriation Code:
2/18/03
2/20103
Total
Current Fiscal Year
Rev.
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