07/17/2003
CITY COMMISSION
MEETING
07/17 /03
NOTE: 07/14/03
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, July 17. 2003 - 6:00 P,M, - Commission Chambers
1, Invocation - Associate Priest John L. Lowe, Episcopal Church of the Ascension
2. Pledge of Allegiance - Mayor
3. Service Awards - Given
4, Introductions. Awards and Presentations - Given
a. 2003 State Legislative Wrap-up - Representative Farkas
b. 2003 Legislative Wrap-up - Peter Dunbar, Pennington Law Firm
c, Neighborhood Awards for Quarter
d. Presentation of Friends of the Library Scholarships
e. Presentation - 2003 National Amateur Boxing Champion
5. Approval of Minutes - Regular Meeting 06/19/03
ACTION: Minutes approved as submitted.
6. Citizens to be heard re items not on the Agenda
Jan Requlski, Suzanne Boshen, Anne Garris, David McNamee and Bill Kaiser requested the
beach library remain open,
Fran Glaros requested more studies be done before the City makes a final decision
regarding water fluoridation and expressed opposition to changing hours for alcohol
beverage on Sundays.
PUBLIC HEARINGS
7. Public Hearing & First Reading - Ords. 7143-03,7144-03 & 7145-03 - Approve the
petition for Annexation, Land Use Plan Amendment from County Industrial limited (IL) to
City Industrial Limited (IL) and Zoning Atlas Amendment from the County M-1, light
Manufacturing and Industry, to City IRT, Industrial, Research & Technology District for
2040 Range Road (A portion of Lots 9 and 10 of Pine lias Groves in Sec 12-29-15.
ANX2003-04008 (Colontonio's Fine Foods. Inc.) (PLD)
ACTION: Approved. Ordinances passed first reading.
8. Public Hearing & First Reading - Ords. 7146-03, 7147-03 & 714S-03 - Approve the
petition for Annexation, Land Use Plan Amendment from County Commercial General
(CG) to City Commercial General (CG) and Zoning Atlas Amendment from the County C-
1, Neighborhood Commercial District, to the City C. Commercial District for 2500 Sunset
Point Road (Lot 41, Skyline Groves in Sec 06-29-16. ANX2003-04009 (Robert Land
Marcia A, Warren) (PLD)
ACTION: Approved. Ordinances passed first reading.
9. Public Hearing & First Reading Ord. 7140-03 - Approve the applicant's request to vacate
the W399.78' of the 50-ft railroad easement lying along the South property line of Lot 15,
Clearwater Industrial Park, (A.K.A. 1555 Sunshine Drive), and dedicate a 10' water line
easement proposed to be located adjacent to the South property line of the W399,78' of
said Lot 15. (V2003-0S City of Clearwater/Clearwater Industrial Park). (PW)
ACTION: Approved. Ordinance passed first reading.
Commission Action Agenda 2003-0717
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07/17103
10, Public Hearing - Declare surplus for the purpose of exchanging the fee simple estate in
a portion of Lot 1, a Resub of Baskins Replat, containing 2.422 acres, MOL ("surplus
parcel"), and approve a Contract For Exchange of Real Property between the City and
Clearwater Mall, LLC (Exchange Contract"), to exchange the City's fee estate in said
surplus parcel valued at S 1,200,000 for the fee estate in Pinellas County parcels 15-29-
15-65196-000-0034 and 0063 for the sum of $145,000 and Pinellas County parcels 15-29-
15-65196-000-0030,0060,0061,0062 and 15-29-15-65214-002-0180 for the sum of
$1,013,050. (collectively, "exchange parcels"), subject to fulfillment of the terms and
conditions of the exchange contract, and of those certain Contracts For Sale and
Purchase of Property between Clearwater Mall, LLC and owners of the exchange parcels,
plus estimated interest payments and transaction costs of S41 ,950 for a total exchange
consideration not to exceed $1,200,000. (ED/HSG)
ACTION: Approved.
Public Hearing - Second Reading Ordinances
11. Ord. 7124-03 - Approve a Land Use Plan Amendment from Residential Urban (RU) to
Institutional (INS) (LUZ2003-03002)
ACTION: Ordinance adopted.
12. Ord. 7125-03 - Approve a Zoning Atlas Amendment from LMDR, Low Medium Residential
District, to (I) Institutional District, for 2701, 2720, 2751 & 2770 Regency Oaks Blvd. (A
portion of M&B 21,00, all of M&B 21.02, and a portion of M&B 21.03 in Sec. 05-29-16)
(LUZ2003-03002)
ACTION: Ordinance adopted.
13. Ord. 7126-03 - Approve the petition for Annexation of property located at 3119 San Mateo
Street (Lot 13, Del Oro Gardens in Sec. 09-29-16) (ANX2003-02004)
ACTION: Ordinance adopted.
/4, Ord. 7127-03 - Approve a Land Use Plan Amendment from County Residential Urban
(RU) to City Residential Urban (RU) (ANX2003-02004)
ACTION: Ordinance adopted.
15. Ord. 7128-03 - Approve a Zoning Atlas Amendment from the County R-3, Single Family
Residential District, to the City LMDR, Low Medium Density Residential District, for 3119
San Mateo Street (Lot 13, Del Oro Gardens in Sec. 09-29-16) (ANX2003-02004)
ACTION: Ordinance adopted.
16, Ord. 7129-03 - Approve the petition for Annexation of property located at 1837 Beverly
Circle North (Lot 2, Lake Lela Manor First Addition in See, 24-29-15) (ANX2003-03005)
ACTION: Ordinance adopted.
17. Ord, 7130-03 - Approve a Land Use Plan Amendment from County Residential Low (RL)
to City Residential Low (RL) (ANX2003-03005)
ACTION: Ordinance adopted.
Commission Action Agenda 2003-0717
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07/17/03
18. Ord. 7131-03 - Approve a Zoning Atlas Amendment from the County R-3. Single Family
Residential District, to the City LOR. Low Density Residential District for 1837 Beverly
Circle North (Lot 2. Lake Lela Manor First Addition in See, 24-29-15). ANX2003-03005
ACTION: Ordinance adopted.
19. Ord. 7132-03 - Approve the petition for Annexation of property located at 1517
Calamondin Lane (Lot 35, Blk 4, Virginia Grove Estates First Addition in See, 08-29-16)
(ANX2003-03006 )
ACTION: Ordinance adopted.
20. Ord, 7133-03 - Approve a Land Use Plan Amendment from County Residential Low (RL)
to City Residential Low (RL) (ANX2003-03006)
ACTION: Ordinance adopted.
21. Ord. 7134-03 - Approve a Zoning Atlas Amendment from the County R-3, Single Family
Residential District, to the City LMDR, Low Medium Density Residential District for 1517
Calamondin Lane (Lot 35, Blk 4, Virginia Grove Estates First Addition in Sec. 08-29-16)
(ANX2003-03006)
ACTION: Ordinance adopted.
22. Ord, 7135-03 - Approve the petition for Annexation of property located at 1709 Grove
Drive (Lot 28, Blk 2, Virginia Grove Terrace First Addition in Sec. 05-29-16). (ANX2003-
03007)
ACTION: Ordinance adopted.
23, Ord. 7136-03 - Approve a Land Use Plan Amendment from County Residential Low (RL)
to City Residential Low (RL) (ANX2003-03007)
ACTION: Ordinance adopted.
24. Ord. 7137-03 - Approve a Zoning Atlas Amendment from the County R-3, Single Family
Residential District, to the City LMDR, Low Medium Density Residential District for 1709
Grove Drive (Lot 28, Blk 2, Virginia Grove Terrace First Addition in Sec. 05-29-16)
(ANX2003-03007 )
ACTION: Ordinance adopted.
25, Ord. 7149-03 - Amending the Operating Budget for fiscal year ending 09/30/03 to reflect
increases & decreases in the amount of 53,815,071 for revenues & $2,531.394 for
expenditures.
ACTION: Ordinance adopted.
26. Ord, 7150-03 - Amending the Capital Improvement Budget for fiscal year ending 9/31/03
to reflect a net decrease of $4,393,862.
ACTION: Ordinance adopted.
27. Ord. 7151-03 - Approve amendment to Chapter 33. Section 33.067 (3) of the Code of
Ordinances to expand the Slow Down - Minimum Wake Zone at the entrance of
Clearwater Harbor Marina Channel light no, 10 to the mean low water mark to the north,
through Marina Channel day beacon no. 11 to the west and Devon Drive to the south,
ACTION: Ordinance adopted.
Commission Action Agenda 2003-0717
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07/17/03
28. Ord. 7152-03 - Approve increasing City Manager approval authority and emergency bid
authority to $100,000.
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #29-47) - Approved as submitted.
29. Approval of Purchases & Declaration of Surplus per Purchasing Memorandum:
1. Wingfoot Commercial Tire, Clearwater, Florida, purchase contract for new tires during
the contract period: September 1, 2003 thru August 31, 2005 for $300,000, (GS/SW)
2. King Engineering Assoc" Tampa, Florida, Engineering design services for Skycrest
traffic calming and upgrade and repair to sewer pipes at a cost of $326,418, (PW/ENG)
3, Carl Eric Johnson, Inc., Tucker, Georgia, purchase contract for Moyno pumping
equipment and spare parts during the period: July 18, 2003 thru July 31, 2004 for
$60,000, (PWIWPC)
4. Increations, Treasure Island, Florida. purchase contract for labor and materials for
various concrete requirements during the period: August 1, 2003 thru July 31, 2004 for
$225,000, (PR)
5. Tampa Bay Engineering, Clearwater, Florida, Engineering design services for Beach
Pump Station Improvements Phase IV - relocation of Pump Station 16 at a cost of
$71,100. (PW/ENG)
6. Declare vehicles and equipment surplus and authorize disposal through sale at Tampa
Machinery Auction, miscellaneous surplus.
30. Award a contract for the construction of the new Northwest Fire Station 51 (01-0064-FI)
to David Gerald Construction Company of Tampa, Florida, in the amount of $1,749,000
which is the lowest responsible bid received in accordance with plans and specifications,
(FD)
31 . Award a contract for the construction of the restrooms/pavilion and infrastructure
improvements at Eddie C. Moore Fields 8 and 9 (03-0018-PR) to Brandon Construction of
Palm Harbor, in the amount of $342.771.61, which is the lowest responsible bid received
in accordance with the plans and specifications, (PR)
32. Approve position increases for the Police Department of 4.3 FTE to staff an additional
fifteen school crossing guards at a cost of $19,346. (PO)
33, Approve an agreement between Clearwater Housing Authority (CHA) and the
Clearwater Police Department for Clearwater Housing Authority to fund an additional 2
FTE positions providing services to Jasmine Courts for a period of two years with
inclusion of a one-year renewal option at a cost of $100,000, (PO)
34, Approve agreement provisions for engineering services contracts with the firms of
Jones, Edmunds & Associates, Inc,; Ayres Associates; Parsons; Wade-Trim; Tampa Bay
Engineering Group, Inc.; Post, Buckley, Schuh & Jernigan, Inc.; HDR Engineering, Inc.;
McKim & Creed; Grimail Crawford, Inc,; OKS Associates; Advanced Engineering &
Design, Inc. and Cumbey & Fair, Inc. (PW)
Commission Action Agenda 2003-0717
4
07/17/03
41. Approve a contract with Gerry D, Minear and Diane K. Minear to purchase a portion_of
Lots 14 and 15, Pinellas Groves Sec. 12-29-15,2150 Range Road, for $635,000 plus
boundary survey and closing costs of $3500 for an estimated total of $638,500. (PW)
35. Approve award of the construction contract for the Stevenson Creek Pump_Station 2 -
Force and Gas Main Replacement (Project #02-0095-UT) to R. Roese Contracting
Company of Kawkawlin, Michigan, with local offices in Tampa, Florida, in the amount of
$354,200 which is the lowest responsible bid received in accordance with plans and
specifications. (PW)
36. Approve the final plat for "Island Townhomes" located on Brightwater Drive
approximately 900 feet East of the intersection of Hamden Drive and Brightwater Drive,
(PW)
37, Award a contract for the 2003 Street Resurfacing Contract (03-00 19EN) to Ajax_Paving
Industries of Nokomis, Florida for the sum of $1,702,660.85, which is the lowest
responsible bid received in accordance with the plans and specifications. (PW)
38, Accept a 187 square foot, MOL, perpetual Right-of-way and Utilities Easement
conveyed by Betty J. Saliga, as Trustee, in consideration of receipt of $1500" over and
across a portion of Lot 59, Ambleside Subdivision Second Addition. (PW)
39. Accept a 135 square foot, MOL, perpetual Right-of-way and Utilities Easement
conveyed by William C, and Virginia G, Lupton, as Trustees, conveyed for $1.00 and
other consideration over and across a portion of Lot 58, Ambleside Subdivision Second
Addition, (PW)
40. Approve a contract with Arnold Brown Properties, a Florida limited partnership, to_sell
surplus vacant property identified as Pinellas County parcel 16-29-15-00000-120-0600 for
$202,000, subject to terms and conditions contained therein, including but not limited to
the buyer committing to initiating construction of a redevelopment project with an FAR of
not less than 3.0 and of not less than 216,000 square feet, MOL, within 5 years of
purchase. (PW)
42. Approve the contract for the construction of a 300-space public parking garage and
establish capital project funding for this construction from revenues available in the
Parking System Reserve Fund in the amount of $1,450,000 (Pelican Walk Garage).
(ED/HSG)
43. Appoint Commissioner Jonson as voting delegate to Florida League of Cities Conference,
August 14-16,2003. (ORLS)
44. Brownfields Advisory Board - Reappoint Karen Fenton and Rev. William F. Sherman, Sr.
(ORLS)
45, Enterprise Zone Development Agency - Reappoint Isay Gulley (Non-Profit), Bob Kinney
(Local Chamber of Commerce). and Bob Fernandez (Resident). (ORLS)
46. Parks and Recreations - Appoint Allen Weatherilt. (ORLS)
Cammission Action Agenda 2003-0717
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07/17/03
47. Community Relations Board - Appoint Captain Anthony Holloway as the new non-voting
member. (ORLS)
OTHER ITEMS ON CITY MANAGER REPORT
48. Adopt a tentative millage rate of 5.753 mills for fiscal year 2003/04 and set Public
Hearings on the Budget for 09/04/03 and 09/18/03 to be held no earlier than 6:00 p.m,
(BU)
ACTION: Approved.
49. First Reading Ord. 7123-03 to adopt the restatement of the City of Clearwater_Money
Purchase Plan document. (HR)
ACTION: Approved. Ordinance passed on first reading.
50, First Reading Ord. 7154-03 repealing Ord. 7015-02, which amended paragraph (9Lof
Chapter 33, Section 33,067 of the Code of Ordinances adding a new designated slow-
down minimum wake zone off Marina Del Rey and Isle of Sand Key. (MR)
ACTION: Approved. Ordinance passed on first reading.
51. First Reading Ord. 7100-03 amending Sec 22.82 Special Events ApplicationsJelating
to insurance requirements. (PR)
ACTION: Approved. Ordinance passed on first reading.
52. IAFF Union Negotiations Update
ACTION: Update given.
CITY ATTORNEY REPORTS
53. Other City Attorney Items - None.
54. City Manager Verbal Reports
Assistant City Manager Garry Brumback announced the City came in second in the
Southeast Regional Lifeguard Competition.
55. Commission Discussion Items
ACTION: Pass on staff's recommendation to the County to defer their decision regarding
fluoridation of water until the study being done by the Academy of Science and sponsored
by the EPA is completed.
56. Other Commission Action
Hibbard congratulated Carolyn Brink for receiving the Employee of the Month award. He
thanked Parks and Recreation Department for their efforts in the July 4 celebration in
Coachman Park, He attended the Fantasy of Lights in Clearwater Beach. He
encouraged everyone to view the Town Lake at night.
Gray noted it was her son who handed the flowers to Carolyn Brink in recognition of
Employee of the Month. She said when they visit City Hall, Carolyn spoils her children,
She said Carolyn is kind and considerate to everyone. She attended a groundbreaking for
a new office complex on Drew Street.
Sammission Action Agenda 2003-0717
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07/17/03
Jonson congratulated Carolyn Brink on her outstanding service to the City. He welcomed
Betty Blunt back and said she has been missed, He congratulated Thomas & Mayme
Hodges on their 50th wedding anniversary and Bob Carpenter on his 90th birthday, He
said many volunteers participated in the Children's Health Fair at the long Center and
thanked Doug Williams for his efforts, Jonson represented the City in presenting a
birthday card to Michael DelMonte of Beckett lake on his 100th birthday,
Hamilton echoed the Commission's sentiments regarding Carolyn Brink. He welcomed
Betty Blunt back, He wished the Public Works Administrator, Mashid Arasteh, Happy
Birthday. He invited everyone to attend a public meeting at the Harborview Center on July
22 regarding the Bayfront Marina, a July 29 ground breaking ceremony at 10:00 a.m, for
the new Northwest Fire Station at Betty lane and Overbrook Avenue and a public meeting
at the Harborview Center on July 30 at 6:00 p.m. regarding the downtown. He announced
the July 30 legislative Breakfast is scheduled for 7:30 a.m. at the Countryside Country
Club. He announced the next work session is August 4.
57. Adjournment - 8:16 p.m.
Commission Action Agenda 2003-0717
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07/17/03
AGENDA - CLEARWATER CITY COMt'.lISSION MEETING
Thursday, July 17, 2003 - 6:00 P.M. - Commission Chambers
Welcome, We are glad to have you join us, If you wish to speak please wait to be recognized,
then state your name and address, Persons speaking ::>efore the City Commission shall be
limited to 3 miriutes unless otherwise noted under Public Hearings, For other than Citizens to
be heard re items not on the Agenda, a spokesperson for a group may speak for three (3)
minutes plus an additional minute for each person in the audience that waives their right to
speak, up to a maximum of ten (10) minutes. Please obtain the needed form to designate a
spokesperson from the City Clerk (right hand side of dais) and return it to her prior to the start
of the meeting. Up to thirty minutes of public comment will be allowed for an agenda item. No
person shall speak more than once on the same subject unless granted permission by the City
Commission. The City of Clearwater strongly supports and fully complies with the Americans
with Disabilities Act (ADA). Please advise us at least J.8 hours prior to the meeting if you
require special accommodations at 727-562-4090. Assisted Listening Devices are available.
Kindly refrain from using beepers, cellular telephones and other distracting devices
during the meeting.
1. Invocation
2. Pledge of Allegiance
3. Service Awards
4, Introductions, Awards and Presentations
a. 2003 State Legislative Wrap-up - Representative Farkas
b. 2003 Legislative Wrap-up - Peter Dunbar, Pennington Law Firm
c. Neighborhood Awards for Quarter
d. Presentation of Friends of the Library Scholarships
e. Presentation - 2003 National Amateur Boxing Champion
5. Approval of Minutes - Regular Meeting 06/19/03
6. Citizens to be heard re items not on the Agenda
PUBLIC HEARINGS
Not Before 6:00 P.M,
Quasi-judicial public hearings:
All individuals speaking on these items will be sworn-in.
- Staff states and summarizes reasons for recommendation (2 minutes).
- Applicant presents case, including its testimony and exhibits. Witness may be cross-
examined (15 minutes),
- Staff presents further evidence. May be cross-examined (10 minutes).
- Public comment (3 minutes per speaker or 10 minutes maximum as spokesperson for
others that have waived their time).
- City Commission discussion, and may question any witness.
- Applicant may call witnesses in rebuttal (5 minutes).
- Conclusion by applicant (3 minutes).
- Decision,
7. Public Hearing & First Reading - Ords. 7143-03, 7144-03 & 7145-03 - Approve the
petition for Annexation, Land Use Plan Amendment from County Industrial Limited (IL) to
City Industrial Limited (IL) and Zoning Atlas Amendment from the County M-1, Light
ManufClcturing and Industry, to City IRT, Industrial, Research & Technology District for
2040 Range Road (A portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15,
ANX2003-04008 (Colontonio's Fine Foods, Inc.) (PLD I
(17 -17 .OJ ConHll1ssIon ^wmda
Rev 2 - 07/17/03
8. Public Hearing & First Reading - Ords. 7146-03, 7147-03 & 7148-03 - Approve the
petition for Annexation, Land Use Plan Amendment from County Commercial General
(CG) to City Commercial General (CG) and Zoning Atlas Amendment from the County C-1,
Neighborhood Commercial District, to the City C, Commercial District for 2500 Sunset
Point Road (Lot 41, Skyline Groves in See 06-29-16, ANX2003-04009 (Robert Land
Marcia A. Warren) (PLD)
Administrative public hearings:
- Presentation of issues by City staff.
- Statement of case by applicant or representative (5 minutes),
Commission questions,- Comments in support and in opposition (3 minutes per
speaker or 10 minutes maximum as spokesperson for others that have waived their time).
- Commission questions,
- Final rebuttal by applicant or representative (5 minutes).
- Commission disposition
9. Public Hearing & First Reading Ord 7140-03 - Approve the applicant's request to vacate
the W399,78' of the 50-ft railroad easement lying along the South property line of Lot 15,
Clearwater Industrial Park, (A,K.A. 1555 Sunshine Drive), and dedicate a 10' water line
easement proposed to be located adjacent to the South property line of the W399.78' of
said Lot 15, (V2008-03 City of Clearwater/Clearwater Industrial Park). (PW)
10. Public Hearing - Declare surplus for the purpose of exchanging the fee simple estate in a
portion of Lot 1, a Resub of Baskins Replat, containing 2.422 acres, MOL ("surplus
parcel"), and approve a Contract For Exchange of Real Property between the City and
Clearwater Mall, LLC (Exchange Contract"), to exchange the City's fee estate in said
surplus parcel valued at $1,200,000 for the fee estate in Pinellas County parcels 15-29-15-
65196-000-0034 and 0063 for the sum of $145,000 and Pinellas County parcels 15-29-15-
65196-000-0030,0060,0061,0062 and 15-29-15-65214-002-0180 for the sum of
$1,013,050. (collectively, "exchange parcels"), subject to fulfillment of the terms and
conditions of the exchange contract. and of those certain Contracts For Sale and Purchase
of Property between Clearwater Mall, LLC and owners of the exchange parcels, plus
estimated interest payments and transaction costs of $41,950 for a total exchange
consideration not to exceed $1,200,000. (ED/HSG)
Public Hearing - Second Reading Ordinances
11, Ord. 7124-03 - Approve a Land Use Plan Amendment from Residential Urban (RU) to
Institutional (INS) (LUZ2003-03002)
12, Ord. 7125-03 - Approve a Zoning Atlas Amendment from LMDR, Low Medium Residential
District, to (I) Institutional District, for 2701, 2720, 2751 & 2770 Regency Oaks Blvd, (A
portion of M&B 21.00, all of M&B 21.02, and a portion of M&B 21.03 in Sec. 05-29-16)
(LUZ2003-03002)
13, Ord. 7126-03 - Approve the petition for Annexation of property located at 3119 San Mateo
Street (Lot 13, Del Oro Gardens in Sec. 09-29-16) (ANX2003-02004)
14. Ord. 7127-03 - Approve a Land Use Plan Amendment from County Residential Urban
(RU) to City Residential Urban (RU) (ANX2003-02004)
15. Ord. 7128-03 - Approve a Zoning Atlas Amendment from the County R-3, Single Family
Residential District, to the City LMDR, Low Medium Density Residential District, for 3119
San Mateo Street (Lot 13, DelOra Gardens in See, 09-29-16) (ANX2003-02004)
16, Ord. 7129-03 - Approve the petition for Annexation of property located at 1837 Beverly
Circle North (Lot 2, Lake Lela Manor First Addition in See, 24-29-15) (ANX2003-03005)
01.1 ! -03 CommiSSion Agendn
2
Rev 2 - 07/17/03
17. Ord. 7130-03 - Approve a Land Use Plan Amendment from County Residential Low (RL)
to City Residential Low (RL) (ANX2003-03005)
18. Ord. 7131-03 - Approve a Zoning Atlas Amendment from the County R-3, Single Family
Residential District, to the City LOR, Low Density Residential District for 1837 Beverly
Circle North (Lot 2, Lake Lela Manor First Addition in See, 24-29-15). ANX2003-03005
19, Ord. 7132-03 - Approve the petition for Annexation of property located at 1517
Calamondin Lane (Lot 35, Blk 4, Virginia Grove Estates First Addition in See, 08-29-16)
(ANX2003-03006)
20. Ord. 7133-03 - Approve a Land Use Plan Amendment from County Residential Low (RL)
to City Residential Low (RL) (ANX2003-03006)
21. Ord. 7134-03 - Approve a Zoning Atlas Amendment from the County R-3, Single Family
Residential District, to the City LMDR, Low Medium Density Residential District for 1517
Calamondin Lane (Lot 35, Blk 4, Virginia Grove Estates First Addition in Sec. 08-29-16)
(ANX2003-03006 )
22. Ord. 7135-03 - Approve the petition for Annexation of property located at 1709 Grove
Drive (Lot 28, Blk 2, Virginia Grove Terrace First Addition in See, 05-29-16). (ANX2003-
03007)
23. Ord. 7136-03 - Approve a Land Use Plan Amendment from County Residential Low (RL) to
City Residential Low (RL) (ANX2003-03007)
24. Ord. 7137-03 - Approve a Zoning Atlas Amendment from the County R-3, Single Family
Residential District, to the City LMDR. Low Medium Density Residential District for 1709
Grove Drive (Lot 28, Blk 2, Virginia Grove Terrace First Addition in Sec. 05-29-16)
(ANX2003-03007)
25. Ord. 7149-03 - Amending the Operating Budget for fiscal year ending 09/30/03 to reflect
increases & decreases in the amount of $3,815,071 for revenues & $2,531,394 for
expend itures.
26. Ord. 7150-03 - Amending the Capital Improvement Budget for fiscal year ending 9/31/03
to reflect a net decrease of $4,393,862.
27. Ord. 7151-03 - Approve amendment to Chapter 33, Section 33.067 (3) of the Code of
Ordinances to expand the Slow Down - Minimum Wake Zone at the entrance of
Clearwater Harbor Marina Channel light no, 10 to the mean low water mark to the north,
through Marina Channel day beacon no. 11 to the west and Devon Drive to the south.
28. Ord. 7152-03 - Approve increasing City Manager approval authority and emergency bid
authority to $100,000.
CITY MANAGER REPORTS
CONSENT AGENDA (Items #29-47)
Consent Agenda items require no formal public hearing and are subject to approval by a single
motion, However, any City Commissioner or the City Manager may remove an item from the
Consent Agenda for discussion and individual vote.
29. Approval of Purchases & Declaration of Surplus per Purchasinq Memorandum:
1. Wingfoot Commercial Tire, Clearwater, Florida, purchase contract for new tires during
the contract period: September 1, 2003 thru August 31,2005 for $300,000. (GS/SW)
2. King Engineering Assoc., Tampa, Florida, Engineering design services for Skycrest
traffic calming and upgrade and repair to sewer pipes at a cost of $326,418, (PW/ENG)
3. Carl Eric Johnson, Inc., Tucker, Georgia, purchase contract for Moyna pumping
equipment and spare parts during the period: July 18, 2003 thru July 31. 2004 for
$60,000. (PW/WPC)
07.17-03 Commission Agenda
3
Rev 2 - 07/17/03
4. Increations, Treasure Island, Florida, purchase contract for labor and materials for
various concrete requirements during the period: August 1, 2003 thru July 31, 2004 for
$225,000, (PR)
5. Tampa Bay Engineering, Clearwater, Florida, Engineering design services for Beach
Pump Station Improvements Phase IV - relocation of Pump Station 16 at a cost of
$71,100. (PW/ENG)
6. Declare vehicles and equipment surplus and authorize disposal through sale at Tampa
Machinery Auction, miscellaneous surplus.
30. Award a contract for the construction of the new Northwest Fire Station 51 (01-0064-FI)
to David Gerald Construction Company of Tampa, Florida, in the amount of $1,749,000
which is the lowest responsible bid received in accordance with plans and specifications,
(FD)
31. Award a contract for the construction of the restroomslpavilion and infrastructure
improvements at Eddie C. Moore Fields 8 and 9 (03-0018-PR) to Brandon Construction
of Palm Harbor, in the amount of $342,771.61, which is the lowest responsible bid received
in accordance with the plans and specifications. (PR)
32. Approve position increases for the Police Department of 4.3 FTE to staff an additional
fifteen school crossing guards at a cost of $19,346. (PD)
33. Approve an agreement between Clearwater Housing Authority (CHA) and the
Clearwater Police Department for Clearwater Housing Authority to fund an additional 2 FTE
positions providing services to Jasmine Courts for a period of two years with inclusion of
a one-year renewal option at a cost of $100,000, (PD)
34. Approve agreement provisions for engineering services contracts with the firms of
Jones, Edmunds & Associates, Inc.; Ayres Associates; Parsons; Wade-Trim; Tampa Bay
Engineering Group, Inc.; Post, Buckley, Schuh & Jernigan, Inc.; HDR Engineering, Inc.;
McKim & Creed: Grimail Crawford, Inc.; OKS Associates; Advanced Engineering & Design,
Inc. and Cumbey & Fair, Inc. (PW)
35. Approve award of the construction contract for the Stevenson Creek Pump Station 2 -
Force and Gas Main Replacement (Project #02-0095-UT) to R. Roese Contracting
Company of Kawkawlin, Michigan, with local offices in Tampa, Florida, in the amount of
$354,200 which is the lowest responsible bid received in accordance with plans and
specifications. (PW)
36. Approve the tinal plat for "Island Townhomes" located on Brightwater Drive
approximately 900 feet East of the intersection of Hamden Drive and Brightwater Drive.
(PW)
37. Award a contract for the 2003 Street Resurfacing Contract (03-0019EN) to Ajax Paving
Industries of Nokomis. Florida for the sum of $1,702,660,85, which is the lowest
responsible bid received in accordance with the plans and specifications. (PW)
38. Accept a 187 square foot, MOL, perpetual Right-ot-way and Utilities Easement
conveyed by Betty J, Saliga, as Trustee, in consideration of receipt of $1500., over and
across a portion of lot 59, Ambleside Subdivision Second Addition. (PW)
39, Accept a 135 square foot, MOL, perpetual Right-ot-way and Utilities Easement
conveyed by William C. and Virginia G. lupton, as Trustees, conveyed for $1.00 and other
consideration over and across a portion of Lot 58, Ambleside Subdivision Second Addition,
(PW)
40, Approve a contract with Arnold Brown Properties, a Florida limited partnership, to sell
surplus vacant property identified as Pinellas County parcel 16-29-15-00000-120-0600 for
$202,000, subject to terms and conditions contained therein, including but not limited to the
buyer committing to initiating construction of a redevelopment project with an FAR of not
less than 3.0 and of not less than 216,000 square feet. MOL, within 5 years of purchase.
(PW)
07-17-03 Commission Agenda
4
Rev 2 - 07/17/03
41. Approve a contract with Gerry D. Minear and Diane K. Minear to purchase a portion of Lots
14 and 15, Pinellas Groves Sec, 12-29-15,2150 Range Road, for $635,000 plus boundary
survey and closing costs of 53500 for an estimated total of $638,500. (PW)
42. Approve the contract for the construction of a 300-space public parking garage and
establish capital project funding for this construction from revenues available in the Parking
System Reserve Fund in the amount of 51,450,000 (Pelican Walk Garage). (ED/HSG)
43. Appoint Commissioner Jonson as voting delegate to Florida League of Cities Conference,
August 14-16, 2003. (ORLS)
44. Brownfields Advisory Board - Reappoint Karen Fenton and Rev, William F. Sherman, Sr.
(ORLS)
45, Enterprise Zone Development Agency - Reappoint Isay Gulley (Non-Profit), Bob Kinney
(Local Chamber of Commerce), and Bob Fernandez (Resident). (ORLS)
46, Parks and Recreations - Appoint Allen Weatherilt. (ORLS)
47. Community Relations Board - Appoint Captain Anthony Holloway as the new non-voting
member. (ORLS)
OTHER ITEMS ON CITY MANAGER REPORT
48. Adopt a tentative millage rate of 5.753 mills for fiscal year 2003/04 and set Public
Hearings on the Budget for 09/04/03 and 09/18/03 to be held no earlier than 6:00 p,m.
(BU)
49. First Reading Ord. 7123-03 to adopt the restatement of the City of Clearwater Money
Purchase Plan document. (HR)
50, First Reading Ord. 7154-03 repealing Ord 7015-02. which amended paragraph (9) of
Chapter 33. Section 33.067 of the Code of Ordinances adding a new designated slow-
down minimum wake zone off Marina Del Rey and Isle of Sand Key, (MR)
51. First Reading Ord. 7100-03 amending Sec 22.82 Special Events Applications relating to
insurance requirements. (PR)
52. IAFF Union Negotiations Update
CITY ATTORNEY REPORTS
53. Other City Attorney Items
54, City Manager Verbal Reports
55, Commission Discussion Items
56. Other Commission Action
57. Adjournment
07-17-03 Commission Agenda
5
Rev 2 - 07/17/03
CITY OF CLEARWATER
Interdepartmental Correspondence
.
TO:
Mayor and Commissioners (:\"1
Cyndie Goudeau, City Clerk ~
FROM:
SUBJECT: Follow up from July 14.2003 Work Session
COPIES:
William B. Horne, City Manager
DATE:
July 16, 2003
Note: In order to address Other City Manager Items prior to second readings. a motion will
be needed to take the items out of agenda order.
Presentations have been reordered and an item has been added to the Thursday agenda -
Keith Thurman - winner of 2003 National Amateur Boxing Champion (13 to 14 age group).
.
Item #10 - Declare surplus for the purpose of exchange and approve a Contract For
Exchange of Real Property between the City and Clearwater Mall, LLC - A question was asked
about the second appraisal done of Fire Station #49 property. The second appraisal was done
September 2002 for $1,2000.000. Pages 21 and 22 of Millispaugh's 9/16/03 detail his analysis that
determined the contention the existing improvements contribute $0 market value to the parcel. The
property appraiser values the improvements at $372,400 for tax purposes.
Item #21 - Approve position increases for the Police Department of 4.3 FTE to staff an
additional fifteen school crossing guards. A question regarding the distance from schools required
in order for students to be bused and hazardous walking areas were discussed. With the new
School Choice Plan, the walking distance to schools was increased from 1 mile to 2 miles. Within
that two miles there may be areas designated as Hazardous Walking Areas (this is the same policy
that was in effect in previous years; only the distance has changed). This designation is decided
by the school board using a predetermined formula, This formula takes into consideration time of
day, road character, alternate walking routes. etc. If an area is deemed hazardous, then the school
board will provide busing to students who need to walk through that area.
Currently the roads deemed hazardous are US19. Gulf to Bay Boulevard, and McMullen
Booth Road. A copy of the formula from the school board has been requested,
Item #45 - Enterprise Zone Development Agency - We have requested more information
regarding the Pinellas Private Industry Council.
Item #47 - Community Relations Board - We have verified this Board has a residency
requirement and have withdrawn the name of Andra Dreyfus. At this time we do not have any
other qualified appointees to bring forward,
.
Page Two
July 16, 2003
Item #48 - Adopt a tentative millage rate of 5.753 mills for fiscal year 2003/04 - DUring.
discussion re the Main Library, a copy of previously distributed responses was requested. A c
is provided.
Miscellaneous - Homeless Task Force Update Presentation from 7-14-03 Worksession.
Information was requested regarding Clearwater's deficit in affordable housing, A memo from
Howie Carroll is provided pertaining to rental affordability in Pinellas County and the need for
affordable rental housing in the State of Florida.
.
.
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Pennington
Moore
Wilkinson
Bell~
Dunbar P,A,
ATTORNEYS AT LAW
h' \... '\, . p'~ n n i 1\ S ll' n J It l\'. I' rt nl
Pct~r ;\1. DunlJur
Allom~y at Law
(S50) 2l2-3533
pCle@p::l111invonlnw,com
MEMORANDUM
TO: City of Clearwater Commissioners
c/o Cyndie Goudeau, City Clerk
FROM: Peter M. Dunbar and Martha J. Edenfield
DATE: July 17, 2003
RE: Summary of 2003 Regular Session Legislative Initiatives Affecting
Local Government
The 2003 Regular Session of the Legislature produced a number of changes pertaining to
local government operations that may impact municipalities and their personnel.
The full textoteach enrolled bill is available on the Legislature's website (www.leg.state.fl.us).
A summary of each measure that passed follows below in numerical bill order.
cstHB 54 (Minimum Wage): The bill provides that a local governments may not require
businesses within its jurisdiction to pay minimum wages other than the minimum wage
required by the federal government. (Chapter 2003-87, Laws of Florida.) Effective date
06-04-03.
estes/S8 140 (Governmental Utilities): The bill addresses the Florida Water Services
controversy involving the acquisition of private utilities by an authority created under Chapter
163 by the cities of Gulf Breeze and Milton. The bill subjects such acquisitions in the future to
regulation at the Public Service Commission. Vetoed.
SB 192 (Library Records-Confidentiality of Patrons): The bill revises the confidentiality
provisions which exempt library patrons' names and personal information from the public
records laws, and it permits disclosure of such information for purposes of collecting fines and
recovering overdue library books. (Chapter 2003-13, Laws of Florida.) Effective date 07-
01 -03.
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S8 258 (Wire Transfer of Funds): The bill modities Section 215.85 permitting governmental
entities to the wire transfer fu nd::l to pay expenses and other disbursements that are ovid enced
by an invoice or other appropriate documentation. (Chapter 2003-60, Laws of Florida.)
Effective date 07 -01-03.
CS/HB 267 (Tax Certificate Sales): The bill amends section 19/.432 to permit the
electronic sale of certificates for unpaid property taxes and establishes the procedures to be
followed by the County Tax Collectorto implement the new procedures. (Chapter 2003-22,
Laws of Florida.)
SB 524 (Rules of Evidence): The bill makes modifications to the Rules of Evidence in
Chapter 90 providing that objections to admitting or excluding evidence do not have to be
renewed to preserve the claim on appeal; providing for notice and the opportunity to challenge
when evidence is being provided by certification; and providing for the admissibility of
evidence or business records maintained in a foreign country. (Chapter2003-259, Laws of
Florida.) Effective date 01-01-03.
CS/CS/CS/SB 592 (Condominium and Cooperative Associations-Fire Sprinkler
Retrofit and Waiver): Among many changes, this condominium legislation amends Section
718.112 (2) (I) relating to the mandatory fire sprinkler systems for buildings greater than 75
feet in height. The provision authorizes a partial waiverofthe installation requirr:-ments upon
two-thirds approval of all the voting interests in the condominium. If the waiver is approved,
it may apply to the individually owned units, but may not apply to the common areas of the
building consisting of enclosed hallways, corridors, lobbies, stairwells, and entryways.
(Chapter 2003-14, Laws of Florida.) Effective date 05.21-03.
CS/SB 676 (Continuously Maintained Roadways): The bill is the Department of
Transportation package and Sections 42, 54, and 57-59 of the bill permit a roadway to be
considered a dedicated public right-of-way when it has been continuously maintained by a
county, municipality or the Department of Transportation for seven consecutive years and
grant other rights and benefits to local governments, (Chapter2003..286, Laws of Florida.)
Effective date 07-14-03.
CS/HB 847 (Official Misconduct): The bill revises the state law concerning official
misconduct by a public officer or employee involving the falsification of official records, the
destruction of official documents, the obstruction of communications relating to the
commission of a felony, and engaging in certain conduct considered to be "bid tampering."
(Chapter 2003-158, Laws of Florida.) Effective date 10-01-03.
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CS/SB 1024 (Non-Ad Valorem Assessments-Notice): The bill changes the time for the
adoption of non-ad valorem assessments from the period between June 1 and September
'15th to the time period between January 1st and September 15tr1 of each year. It also
prescribes the mettlod of notice for non-ad valorem assessments collected for more th8n one
year, (Chapter 2003-10, Laws of Florida.) Effective date 06-02-03,
HB 1025 HB 1023 (Employee Assistance Programs-Municipalities): Ttle bill clarifies
what constitutes municipal employee assistance programs, and it provides that records held
by the employing municipalities relating to such programs are confidential and exempt
Florida's open records law. (Chapter 2003-1 02, Laws of Florida.) Effective date 10-01-
03.
CS/S8 1044 (Permit Applications-Electronic Mail): The bill allows water management
districts to provide permit applications by electronic mail, and it requires notice of water use
permit applications to be provided by mail to counties and cities from which a proposed
withdrawal of water is to be made. (Chapter 2003-124, Laws of Florida.) Effective date
06w10-03.
CS/SB 1126 (Half-Cent Sales Tax-Distribution Formula): The bill amends the local
government half-cent sales tax distribution formula providing that adjustments to correct errors
in population shall be made subsequent to the receipt of corrected population figures.
(Chapter 2003-33, Laws of Florida.) Effective date 05-23-03.
CS/SB 1176 (Taxation): The bill is the comprehensive Department of Revenue package.
Impacts on local governments include provisions that make minor revisions to the local
communications services tax; impose the requirement on rental car companies to identify the
county to which a rental car surcharge is attributable; expand the optional uses forthe optional
fuel tax revenues pursuant to Section 336,025; and permits the board of county commission,
upon a majority vote, to revoke an agricultural tax classification granted by the property
appraiser. (Chapter 2003-254, Laws of Florida.) Effective date 07-01-03.
CS/S81182 (Public Records Exemptions-Security System Plan): The bill makes minor
modifications to the public records exemption for security system plans or portions thereof
maintained by the State or its political subdivisions. (Chapter 2003-1 G, Laws of Florida.)
Effective date 05-21-03.
CS/HB 1307 (Cell Phone Towers--Preemption of Local Restrictions); The bill deals with
tile provisioning of E9 11 emergency services. Section 1 of the bill creates a new subsection
(11) of section 365.172 which creates a partial preemption of local land development
regulations to permit the location forwireless communication equipment antennae and related
equipment. (Chapter 2003w182, Laws of Florida.) Effective date 07-01-03.
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CS/SB 1426 (Per Diem and Travel Expenses): The bill increases the per diem and
allowable travel expenses for county, municipal and school board employees. (Chapter
2003-125, Laws of Florida.) Effective date 01-01-03.
CS/CS/SB 1434 (Libraries-Grants and Records Confidentiality): The bill authorizes and
sets minimum standards for operating grants to public libraries. The bill also contains the
language found in S8 192 that revises the confidentiality provisions which exempt library
patrons names and information from the public records laws permitting the disclosure of
information for purposes of collecting fines and recovering overdue books. (Chapter 2003-
126, Laws of Florida.) Effective date 07-01-03.
CS/CS/SB 1454 (Revenue Maximization Act-Local Protective Services): The bill
creates the Local Funding Revenue Maximization Act providing for optional local programs
to maximize federal funding for local protective services and local child care development
programs. (Chapter 2003-146, Laws of Florida.) Effective date 07-01-03.
CS/SB 1566 (Tourist Development Tax-Beach Renourishment Funds.) The bill
restricts the use of local funds that have been identified by the county as the local matching
source forbeach restoration projects included in the long-range budgetforthe State's Beach
Renourishment Plan. (Chapter 2003-37, Laws of Florida.) Effective date 07-01-03.
CS/SB 1584 (Administrative Procedures Act): The bill makes revisions to the APA by
defining when a rule is "arbitrary and capricious;" requiring the use of new procedures when
rules are adopted by DEP or a water management district that incorporate the other agency's
rule to implement Part IV of Chapter 373; placing the burden on the petitioner in a rule
challenge to prove by a preponderance of the evidence that there is an invalid exercise of
delegated authority; and providing that on the request of any party, the administrative law
judge shall enter an initial scheduling orderto facilitate a speedy proceeding. (Chapter 2003-
94, Laws of Florida,) Effective date 06-04-03.
58 1632 (Taxing and Benefit Units-Additional Authority): The provisions of the bill
provide add itional authority to the board of county commissioners to maintain property for the
benefit of a municipal services taxing and benefit unit. Vetoed.
CS/CS/SB 1660 (Agricultural Lands and Practices Act): The bill establishes the
Agricultural Lands and Practices Act, and Section 1 of the bill preempts ordinances and
regulations that seek to limit an activity of a bona fide farm operation on land classified as
agricultural land pursuant to Section 193.461. (Chapter 2003-162, Laws of Florida.)
Effective date 07-01 ~03.
4
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CS/CS/HB 1719 (Construction Liens-Notice by Building Official): The bill modifies the
provisions of the Construction Lien Law, and Section 5 of tho bill modifies the statement that
the issuing authority is required to provide to the applicant for building permit that explains the
land owner's rights under tlle law. (Chapter 2003-171, Laws of Florida.) Effective date
10-01-03.
CS/HB 1721 (Tax Deeds on Property Contiguous to Subdivision Lands): The bill
requires the county tax collector to notify the record owner of contiguous property in a
subdivision when application is made for a tax deed on submerged land or common elements
of the subdivision. Ifthere are no bidders for the certificates and the county does not electto
purchase the land, the county must notify the contiguous property owner that the land is
available fortaxes. The bill also provides tllat ad valorem and non-ad valorem assessments
shall be made against the lots in a subdivision and not against the subdivision property as a
whole. (Chapter 2003-284, Laws of Florida.) Effective 01-01-04.
HB 1813 (County Motor Fuel Tax-Bicycle Paths): The bill expands the permitted uses
of the county motor fuel tax to include bicycle paths and pedestrian palhways. (Chapter 2003-
86, Laws of Florida.) Effective 06-06-03.
CS/SB 2334 (Police and Firefighters-Enhanced Benefits): The bill provides that any local
government that enters into a collective bargaining agreement prior to July 1, 2003 and
agrees to provide enhanced benefits to police officers and/or firefighters may do so by
advancing cost not covered by additional insurance premium tax revenues received. The
advanced funds may be reduced as the insurance premium tax revenues increase. but the
local government is required to fund whatever monies are needed for the benefits as
determined by tho plan actuary if the premium tax revenues are not sufficient. Vetoed.
sa 2488 (Law Enforcement Mutual Aid Agreements): The bill revises the authority for
mutual aid agreements between local law enforcement agencies, and it authorizes the State
Technology Office to make available mutual aid channels in the statewide communication
system available to municipalities and counties. as well as to state and federal agencies. The
bill also authorizes the State Technology Office to create and implement a network to enable
interoperability between various radio communications technologies to serve municipalities
and counties, as well as state and federal agencies, for purposes of public safety and
domestic security. (Chapter 2003-153, laws of Florida.) Effective 06-12.03.
5
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Wat~r Supplv Planning and Environmental Issues. The 2003 Regular Session of the
Legislature produced a number of proposed legislative changes pertaining to water which
may have affected Tampa Bay Water. Neitherthe Cone Ranch provision, nor the Reservoir
amendment passed during the Regular Session.
The following water and environmental related bills passed in the 2003 Regular Session.
CS/CS/SB 140 (Governmental Utilities): The bill addresses the Florida Water Services
issues involving the acquisition of private utilities by an authority created under Chapter 163.
The bill subjects such acquisitions to regulation at the Public Service Commission. The bill
was amended in committee to exempt Tampa Bay Water from the provisions of the bill.
CS/CS/SB 554 (Interdistrict Transfer of Water): The bill excludes from the definition of
interdistrict transfer and use of water when the withdrawal and use of water arc within the
same county and the county is divided between two water management districts. The
circumstances covered by the bill do not exist within the three county area of Tampa Bay
Water.
CS/SB 1044 (Permit Applications-Electronic Mail): The bill allows water management
districts to provide permit applications by electronic mail. and it requires notice of water use
permit applications to be provided by mail to counties and cities from which a proposed
withdrawal of water is to be made,
CS/SB 1374 (Internet Publication of Notices by DEP): The bill provides for notices by the
Department of Environmental Protection and the Trustees of Internal Improvement to be
published on an Internet website.
CS/SB 1584 (Administrative Procedure Act): The bill makes revisions to the APA by
defining when a rule is "arbitrary and capricious;" requiring the use of new procedures when
rules are adopted by DEP or a water management district that incorporate the other agency's
rule to implement Part IV of Chapter 373; placing the burden on the petitioner in a rule
challenge to prove by a preponderance of the evidence that there is an invalid exercise of
delegated authority; and providing that on the request of any party, the administrative law
judge shall enter an initial scheduling order to facilitate a speedy proceeding.
CS/SB 2260 (SWIM and Basin Board Boundaries): The bill eliminates the requirement
that legislative approval is necessary to abolish or combine basins within the Southwest
Florida 'Natcr Management District, and it revises the District's SWIM Program.
Article V, HB 113 A (Judicial System). The Article V reform package implomenting the
constitutional amendment regarding the funding 01 the court system passed dUring Special
Session A. The bill includes a S7-QQ,QO fee to a county or municipalitywllon tiling an ordinance
(.
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violation in court whether contested or not. The bill is not effective until July 1, 2004. The
Legislature has agreed to work with local governments to develop an alternative fee process
which would allow for a nominal fee for code violations and collection of fines, and an
increased fee if the citation is contested. It is likely that this issue will be addressed in the
2004 Regular Session.
The bill also contains a provision which deletes current contract authority for state attorneys
to prosecute violations of municipal or county ordinances unless it is related to a state
prosecution. This issue will also likely be addressed during the 2004 Session.
Sadowski/SHIP (State Housing Incentive ProaramJ Funding. Florida's budget for FY
2003-2004 was during Special Session A. The dedication of documentary tax revenues to
the housing trust funds has been preserved. The current law related to the state and local
housing trust funds and the law relating to ttle SHIP distribution formula remain in place and
the budget diverts S125,896,937 from the housing trust funds to general revenue.
Approximately $78.9 million of anticipated trust fund balances as of June 30, 2003 are swept
into general revenue. Additionally. the FY03-04 appropriation for housing would is
approximately $47 million less than the projected distributions to the trust funds, with that
amount also swept into general revenue,
The FY03-04 budget contains a total appropriations of$1 92,996,591 from the housing trust
funds for housing. Highlights of the budget:
I. $130,886,000 for SHIP
II. $54,508,267 to FHFC for SAIL, PLP, HAP, and other programs
III. Continued funding for the Catalyst Training and Technical Assistance Program
IV. Continued funding for various other programs, including the homeless.
Legislation of Interest Which Did Not Pass
Rule 62-40. No legislation passed addressing Rule 62-40, the Water Resource
Implementation Rule. Pursuant to statute, the proposed rule will not become effective until
after the next regular Legislative Session. Therefore, it is likely that there will be legislation
filed once again in the 2004 Regular Session to address controvorsial provisions of the rule.
There also are pending rule challenges which will likely be resolved priorto the next regular
session.
Speeding Fines. No legislatiun passed during the regular session regarding fine increases
for moving violations. although the issue may be revived as part of the budget which will be
addressed during the special session. The specific provisions supported by the City as to
increased fines for speeding in residential neighborhoods was raised in committee as an
amendment to tho Transportation package. but was withdrawn when members of the
Committee voiced concern about the issue being raised only as an amendment. We will
7
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continue to work on this issue and get an early start working with sponsors for a bill to address
this issue in the 2004 Legislative Session.
Growth Management and Annexation. ,No growth management or annexation legislation
passed. These issues are not expected to be addressed during the special legislative
sessions.
High Speed Rail. No legislation addressing the repeal of the High Speed Rail Amendment
or the funding of the High Speed Rail project passed.
There may be additional items of interest and I encourage your thoughts on any additional
items that may need priority attention. If you have questions orcomments concerning any of
these matters or on the items shown on the enclosure. please let me know.
8
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2003 LEGISLATIVE SUMMARY
Changes Affecting the Individual Duties and Conduct for Public Officers and
Employees:
A. Official Misconduct (CS/HB 847): The bill revises the state law concerning official
misconduct by public officers or employees with regard to the falsification of official records,
the destruction of official documents, and the delay or obstruction of communications involving
to thecommission ofa felony. (Chapter2003-158, Laws of Florida.) Effective date 10-01-
03.
1. The definition of a "benefit" which is restricted or prohibited when offered to a public
officer or employee is defined to include any commission, gift, gratuity I property,
commercial interest or any other thing of economic value not authorized by law.
The affect of the new law is to create these "benefits" as unauthorized
compensation and receipt of anyone or more of them is to be considered bribery.
2. The defin ition of "pu blic servant" u nd er the provisions of the new law is expa nd ed
to include any officeror employee of a city or county, as well as any person acting
as a master, receiver, auditor. arbitrator, consultant, or hearing officer while
performing a governmental function. It also includes an individual who has been
successfully elected, but who has not yet officially assumed office.
3. The definition of "official misconduct" includes actions to obtain a benefit for any
person orto cause harm to another person. A public servant may not (a) falsify or
cause another to falsify official records; (b) conceal, cover-up, destroy or alter
official records or cause another person to do so; (c) or obstruct or delay the
communication of information relating to the commission of a felony that directly
affects the agency served by the public official.
4. The new law also considers it unlawful conduct for a public official to obstruct,
impede or prevent a criminal investigation: disclose an active criminal
investigation; or use in anyway information about an investigation not otherwise
available to the public gained by reason of the public position.
B. Bid Tampering (CS/HB 847): The second part of CS/HB 847 creates new
provisions in the Florida criminal code governing the conduct of a public officers and
employees, providing t'or conduct that is considered "bid tampering." (Chapter 2003-158,
Laws of Florida.)
1. Under the new provisions, it is unlawful to influence or attempt to influence the
competitive bidding process by (a) disclosing information or other aspects of a bid
not publicallydisclosed; or(b) altering oramending a submitted bid or supporting
information to provide a competitive advantage to one of tile bidders.
9
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2. The provisions make it unlawful to benefit a person, or cause harm to another
person, by circumventing the competitive bidding process by using a "sole source"
contract for procuring commodities or services.
3. The Act also provides that, bid tampering crimes extend to anyone who works with
or conspires with a public official to engage in these prohibited activities,
C. Per Diem and Travel Expenses (CS/SB 1426): The bill allows for the increase
of the perdiem and allowable travel expenses for county, municipal and school board officials
and employees, (Chapter 2003-125, Laws of Florida.) Effective date 01-01-03.
1. The governing body of the city orcounty must provide forthe allowable increases
by resolution or by ordinance to make them available to their public officials and
employees. Otherwise, the current provisions of Section 112.061 of the Florida
Statutes apply to per diem and travel expenses.
2. Claims for per diem and travel expenses under the new policies must contain a
statement by the traveler that the expenses were necessaryforthe performance of
official duties.
3. Ordinances or resolutions by municipalities that had policies for increased per
diem and travel expenses in place on January 1,2003 are validated retroactively
by the legislation.
1\ Chanqes Exoanding Local Government Authorit,y and Benefits:
A. Transportation Improvements and Roadways (CS/SB 676): CS/SB 676 is the
2003 Department of Transportation package, and its provisions include four sections that
relate to local governments, (Chapter 2003-286, Laws of Florida.) Effective date 07 -14-
03.
1, Section 42 of the bill extends to cities the option to enter into agreements with the
Department of Transportation f'orthe acquisition of right-of-way for the municipality.
It is an option that already exists for county governments,
2. Section 54 ofthe bill permits a roadway to be considered a dedicated public right-
of-way when it has been regularly and continuously maintained by a county,
municipality or the Department of Transportation lor at least seven consecutive
years. The road is deemed dedicated to the public to the dimensions actually
maintained, and all right5 to the road way vest in the city or county that h85 engaged
in the continuous maintenance activity.
3. Section 57 of the bill permits the Department of Transportal ion to delegate to a city
or county the permitting authorityforulility placement and maintenance on public
roads and railway corridors that are under the Department's jurisdiction and
control.
10
JUL-lj-03
03:S3pl,1
FROM-PENNINGTON LAW FI;~
aSO-S81-32.!1
T-j61
p a 121015
,. .."'..
r-::~
4. Sections 58 and 59 of the bill provide procedures for the erection of naming and
designation markers for roads and other transportation facilities, and it provides
that such markers within a city or a county shall be contingent upon the passage of
an appropriate resolution by the affected local government approving the marker.
B. County Motor Fuel Tax-Expanded Uses (HB 1813): The bill modifies the
permitted uses forthe county motor fuel tax, providing more flexibility and expanded uses for
the fuel tax funds. (Chapter 2003-86, Laws of Florida.) Effective date 06/06/03.
1. The bill expands the permitted uses of motorfuel taxes to include bicycle paths and
pedestrian pathways.
2. In addition to using the motor fuel tax to meetthe capital improvement elements of
the comprehensive plan, the bill also authorizes the use offunds for uimmediate
local transportation problems and for other transportation-related expenditures that
are critical for building comprehensive roadway networks by local governments."
C. Libraries-Grants and Records Confidentiality (esteS/58 1434): The bill
authorizes and sets minimum standards for operation grants to public libraries, and it revises
the confidentiality provisions of the public records laws to facilitate the collecting fines and
recovering overdue books. (Chapter 2003-126, Laws of Florida.) Effective date 07-01-
03.
1. The bill modifies the eligibility requirements for operating grants by providing that
the administrative head of the library must have completed an education program
accredited by the American Library Association and have at least 2 years of full-
time paid professional experience.
2. To be grant eligible, the library must also provide for reciprocal borrowing by
residents of cities within the county; have at least one branch that is open for a
minimum of 40 hours per week; and engage in joint planning for coordination of
library services within the county.
3. The bill modifies tile public records exemption concerning the names of library
patrons, and it permits the name of a patron (orfor a patron under 16 years of age,
the name of the parent orguardian) to be disclosed to any entity that collects fines
on behalf of the library for purposes of the collection of fines or the recovery of
overdue books, documents, films, or other items or materials belonging to the
library.
D. Police and Firefighters-Enhanced Benefits (CStSB 2334): The bill provides
that any municipality that enters into a collective bargaining agreement prior to July 1,2003
and agrees to provide enhanced benefits to police officers and/or firefighters may do so by
advancing costs not covered by additional insurance premium tax revenues received. The
advanced funds by local government may be reduced as the insurance premium tax revenues
11
JUL-17-03 03:~3PY :::~-PEN~INGT0N L~W FI~M
3~:-~;H241
T-761 P 013/015 F-336
increase, but the municipality or county is required to fund whatever monies are needed as
determined by the plan actuary if the premium tax revenues are not sufficient. VETOED.
E. Law Enforcement Mutual Aid Agreements (S8 2488): The bill revises the
authority for mutual aid agreements between local law enforcement agencies. and it
authorizes the State Technology Offrce to make available mutual aid channels in the statewide
communication system available to municipalities and counties, as well as to state and federal
agencies. The bill also authorizes the State Technology Office to create and implement a
network to enable interoperability between various radio communications technologies to
serve municipalities and counties, as well as state and federal agencies. for purposes of
public safety and domestic security. (Chapter 2003.153. Laws of Florida.) Effectivl~ date
06/12/03.
III Changes Modifying Current Local Government Procedure:
A. Construction Liens-Notice by Building Official (CS/CS/HB 1719 ): The bill
modifies the provisions of Florida's Construction Lien Law, and places additional
responsibilities upon the municipal and county building departments. (Chapter 2003~177,
Laws of Florida.) Effective date 10.01-03.
1. Section 5 of the bill modifies the statement that the city or county building
department is required to provide to the property owner and the applicant for a
building permit. The statement, which currently must summarized the Construction
Lien Law. must now additionally include an explanation of the land owner's rights
under the law if the lienor fails to furnish a notice of lien.
2. Section 5 also requires the building department to mail the statement to any
property owner making improvements to real property consisting of a single-family
or multi-family dwelling up to and including 4 units. The required statement format
must be obtained from the Department of Business and Professional Regulation.
B. Non~Ad Valorem Assessments-Notice (CS/SB 1024): The bill changes the
time for the adoption of non-ad valorem assessments from the period between June 1 and
September 15lh to the time period betvveen January 1!:1 and September 15th of each year, It
also prescribes the method of notice for non-ad valorem assessments collected for more than
one year. (Chapter 2003-70, Laws of Florida.) Effective date 06.02~03.
C. Tax Deeds on Property Contiguous to Subdivision Lands (CS/HB 1721):
The bill requires the county tax collector to notify the record owner of contiguous property in
a subdivision when application is made for a tax deed on submerged land or common
elements of the subdivision. If there are no bidders for the certificates and the county does
not elect to purchase the land, the county is required to notify the contiguous property owner
that the land is available fortaxes. The bill also provides thatad valorem and non-ad valorem
12
J~L-17-03 J3:53PM FROM-PENNINGTON ~~W F ;M
:::-:51-3W
T-iS1 P 014/:~: :-536
assessments shall be made against the lots in a subdivision and rot against the subdivision
property as a whole. (Chapter 2003-284, Laws of Florida.) Effective date 01-01-04.
IV ChanQcs RcstrictinQ Local Governmental Authority:
A. Minimum Wage by Employers (CS/HB 54): The bill provides that a local
governments may not provide for minimum wages within its jurisdiction or require businesses
within its jurisdiction to pay minimum wages except in specified limited circumstances,
(Chapter 2003-87, Laws of Florida.) Effective date 06-04-03.
1. A municipality or county may not establish, mandate or require an employer doing
business within its jurisdiction to pay a minimum wage to its employees otherthan
that established by the federal government, nor may a local government apply the
federal minium wage requirements to wages that are exempt under federal/aw.
2. Employees exempt from the prohibition are (a) employees of the city or county
enacting an ordinance; (b) employees of an employer providing goods or services
to the local government and employees of any subcontractor providing the goods
and services; and (c) employees of employers receiving tax abatement benefits for
the local government.
B. Cell PhoneTowers--Preemption of Local Restrictions (CS/HB 1307): The bill
deals with the provisioning of E911 emergency services, Section 1 ofthe bill creates a new
subsection (11) of section 365.172 which creates a partial preemption of municipal and
county land development regulations, permitting the location for '.vireless communication
equipment antennae and related equipment. (Chapter 2003-182, Laws of Florida.)
Effective date 07-01-03.
1. The bill provides that any antennae or related equipment that is being co-located
on an existing structure are not subject to the local/and development rogulations
of the municipality or county, provided thatthe height of the structure is not being
increased. Building permits and other existing regulations imposed upon the
existing structure must still be complied with by the contractor.
2. The bill does not permit a city or county to require evidence that the antennae or
related equipment is in compliance with federal regulations, but may require
evidence of proper licensure of the service provider with the Federal
Communications Commission.
3. Building permits for co-location must be acted upon or issued with in 115 business
days of submission of a properly completed application. Properly completed
applications for new locations must comply with applicable zoning and land
development regulations, but mlJst be acted upon the city or county within 90
business days.
13
~UL-17-03 03:54PM FROY-PENNINGTON LAW FIRM
:50-gS1-3241
i-iSl P,015/015 F-S8S
4. The sufficiency of applications for a building permit must be confirmed by the
building department with 20 days, and if the local government does not act within
the specified time frames of the new law, the building permit isdeemed approved.
5. Additional communication facilities, such as cables, accessory structures, or
adjacent equipment used in the provisioning of wireless services are deemed to
be permitted activities under the terms of the bill.
6. A final provision of the bill provides that wireless telephone service operators who
have experienced unreasonable delays in siting of antennae and towers may report
the siting problems to the Wireless 911 Board by September 1.2003, identifying
locations and the cities and counties involved.
(a) Once reported, the Board shall designate a subcommittee to develop a
"balance approach" between the provider and the local government to resolve
tho location of the wireless facilities.
(b) The balanced approach shall consider the requirements necessary to comply
with federal Phase II E911 standards and the zoning and land use policies of
the local government. The recommendations are submitted to the affected
parties for consideration.
(c) The Board is also required to report to the Legislature by February 28,2003,
concerning remaining problems and potential solutions to the siting of
wireless antennae and related equipment within municipal and county
boundaries.
14
,
Final Agenda Item #
PLD \
'{
Clearwater City Commission
Agenda Cover l\lel11orandull1
'.\'ork session Item #:
Meeting Date:
7-17-03
S L B,) ECT IRECOi\ 1:\ I EN DATION:
APPROVE thc Petition for Annexation. Land Usc Plan Amcndment from County Industrial Limitcd (lL) to
City Industrial Limited (IL) uno loning Atlas Amendmcnt from the County i..,,11, Light Manut~lcturing and
Industry, to thc City IRT. Industrial, Research & Tcchnology District for 2040 Range Road (A portion of Lots
9 and 10 of Pinellas Grovcs in Section 12, Township 29 South. Range 15 East); and PASS Ordinanccs In 143-
03. #7144-03 & 117145-03 on first reading.
~
and that the appropriate officials be authorized to execute same.
(ANX2003-0400S)
SUMMAR\':
The subject property is located on thc north side of Range Road, at 2040 Range Road, approximatcly 200 feet cast of
Hcrculcs A venue. The applicant is requesting this annexation to receive City sewcr scrvicc. The property is located in
an enclave that is sUlTounded by city propcrty on all sides and is within the borders of the City's planning area;
thereforc the proposed annexation is consistent with Pinellas County Ordnance 00-63 with regards to voluntary
annexation. The subject site is approximately I.IO-acres in arca und is occupied by an existing warehouse use, It is
proposed that the property have a Future Land Use Plan designation of Industrial Limited (IL) and a zoning category
of IRT, Industrial. Research and Technology,
The Planning Department determined that the proposed annexation IS consistcnt with the following standards
speci licd in thc Community Developmcnt Codc:
. The proposed annexation will not have an adverse impact on public I~lcilities and their level of service.
. The proposed annexation is consistcnt with the City's Comprehcnsive Plan, thc Countywide Plan and the
Community Developmcnt Codc.
. Thc proposed annexation is located in an cnclavc that is surrounded by city propcrty on all sidcs and is within
thc borders of the City's planning area,
Reviewed by:
Legal '/(" 1/
.~-/ 'r
Budget - N/A .,
Info Srvc
Costs
N/A
Total
N/A
- ~
PLANNING DEPARTMENT
Funding Source:
Purchasing N/A
Current
FY
CI
Risk Mgmt
N/A
Other
N/A
Attachments
ORDINANCES NO. 7143-03.
7144-03 & 7145-03
STAFF REPORT
OP
Other
Submitted by: ~. ~ 11
City Manager aI4AI ~
o Printed on recycled paper
2/98
o None
A ro rlation Code:
Rev,
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.
Please refer to the attached repol1 (ANX2003-04008) for the complete staff analysis.
The Community Development Board reviewed this proposed annexation at its regularly scheduled mecting on June
17. 2003 and unanimously recommcnded approval.
,
S:\Planning Dcparlmenl\C D I3\Anncxalions\ANX . 2003\ANX2003-04008 Colontonios Fine Foods, INC 20..0 Range Rd\CC ANX2003- 2
04008 Colontonios Fine Foods 2040 Range Rd r.doc
'.'
COB iv1ceting Date:
Case Number:
Agenda Item:
Junc 17. 2003
.-\ NX2()()3-0-tOO~
FI
CITY OF CLEAR'" ATER
PLANNING DEI)ARTi\1ENT
STAFF REPORT
BACKGROUND INFORMATION:
O\VNERJAPPLICANT:
REPRESENT ATIVE:
LOCA TION:
REQUEST:
SITE INFORMATION
PROPERTY SIZE:
DIMENSION OF SITE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Current Category:
Proposed Category:
ZONING ()ISTRICT:
Current District:
Proposed District:
EXISTING
SlJRI{OUNDING USES:
Colontonio's Fine Foods, Inc.
Frank Colontonio
2040 Range Road. located on the north side of Range Road,
approximately 200 feet cast of Hercules Avenue.
To anncx the property into the City of Clearwater at the request of the
property owner and approve the appropriate City land use plan
category and zoning district.
47,916 square feet or 1.10 acres
240 feet wide by 200 feet deep m.o.1.
Who lesale/warehousc
Who I csal e/warehouse
Industrial Limited (IL)
Industrial Limited (IL)
M I, Light Manufacturing and Industry District (County)
IRT, Industrial, Research and Tcchnology District (City)
North: Salvage '{ ani
South: Vehicle Services
East: Vehicle Services
\Vest: Soeial/Col11munity Center
Stall" Rcport- Community DC\'c!l'lpmCnl Board - Junc 17.2003 -- Casc ANX2003-04008 - Page 1
.-\~ALYSIS:
The subject property is located on the north side l)j" Range Rllad. at 20..H) Range Road.
approximately 200 leet east of Ikn:uks ^v<.:nue. The applicant is requesting this al1l1<.:xation to
receive City sewer service. The prupeny is located in an endave that is surrounded by city property
on all sides and is within the borders llf tl1<.: City's planning area: therefore the proposed annexation
is consistent with Pinellas Countv Ordnance 00-6J with regards tl) voluntarv annexation. The
. -.
suhject site is approximately 1.1 O-acres in area and is occupied by an existing warehouse use. It is
proposed that the property have a Future Land Use Plan designation of Industrial Limill:d (lL) and a
zoning cawgory of IRT. Industrial. Resean.:h and Technology.
A. 1l\IPACT ON CITY SERVICES: [Section 4-604,FI]
Water and Sewer:
The applicant currently receives water service from the City. Sewer service will also be provided by
the City of Clearwater and capacity for the project is available for this utility. The closest sewer
line is located in the adjacent Range Road right-of-way, The applicant has paid the sewer impact
fee of $9()().OO and assessment fee of S2.350.00.
Solid Waste:
Collection or solid wast<.: 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 3 in which there are currently 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 ofticers in the lield. The Police Department 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 this property by Station #48 located at
1700 North Belcher Road, The Fire Depm1ment will be able to serve this property and the
11l1llexation will not adversely affect tire and El\,tS service and response time,
In summmy, the proposed annexation wi1\ not have an adverse effect on public Hleilities and their
level of service.
B. CONSISTENCY \\'ITH CITY'S COMPREHENSIVE PLAN: [Section 4-604.F. I]
The Pinellas County Comprehensive Plan [lIld the Countywide Plan designate the site as Industrial
LimilL'd (IL). It is the purpose of this category to depict those arcas of the County that arc now
ccyl'loped. or appropriate tobe developed, in a limitcd industrial manner; and so as to encourage the
r\?scr\'ation and use of consolidated arcas lor industrial use in a manner and location consistent with
Stall' Rl'J)ort - Community Dc\'dopl1lcnt Board ,- June 17. 2003 - Case ..\NX2003-0,WOS - Page 2
surround i ng uses. transportat ion faci lit ies and nat ural resource characterist ics.
The annexation docs not propose to change the Industrial Limited (Ill plan catcgory and the
proposed use is consistcnt with thc uses and density of this plan category. Further. thc annexation
promotes the following objcctivcs of the Futun.: Land Use Element of the Clearwater
Comprehensi\'c Plan:
2,4 Objectivc - Compact urban dC\'l:lopmcnt within thc urban servicc area shall be promoted
through application of the Clearwater Community De\'c!opment Codc.
In summary. the proposed annexation is consistcnt with thc City's Comprehcnsive Plan both in the
Future Land Use Map and the goals and policies of the Plan.
C. CONSISTENCY OF DEVELOPMENT WITII COl\Il\IUNITY DEVELOPMENT
CODE AND CITY REGULATIONS: [Sections 2-1201.1. & 4-60-LF.5.]
As stated earlier. the application It)!' alllH.:xation involves an existing warchouse use, Thc propcrty is
240 feet in width and 47,916 square feet in lot area, The appropriate zoning district based on the
surrounding arca and the Future Land Use is the IRT. Industrial, Research and Technology District.
Undcr thc currcnt IRT zoning district provisions. a minimum lot width of 200 feet and a minimum
lot area of 20.000 square feet are required. The subject prope11y exceeds the minimum dimensional
requirements of a standard developmcnt in the IRT District and is therefore consistcnt with the
Community Developmcnt Codc.
D. CONSISTENCY '''1'1'1'1 THE COUNTY\\'IDE PLAN:
Therc is no change rcquested in the Comprehensivc Plan category of the site. which will remain
Industrial Limited (lL) with a maximum FAR 01'0.65,
E. CONSISTENCY '''11'1'1 PINELLAS COUNTY:
This property is located within the City of Clearwater's Planning Area and is an enclave that is
encloscd and boundcd on all sides by the City of Clearwater. It is not contiguous to cxisting City
boundaries and is not subjcct to an agrccment to annex. This propcrty is eligible for anncxation
pursuant to Section 6( I )(b) of Pinellas County Ordinance No. 00-63, This provision permits
noncontiguous annexation within an enclave provided the propcrty is not subjcct to an cxisting
anncxation agrccment and does not provide thc basis lor anncxing an adjoining propcrty that is
subject to an annexation agreement. The proposed annexation is consistcnt with Pincllas County
Ordinance No. 00-63.
F. COnE ENFORCEMENT ANALYSIS:
Tl1I.:rc arc no current code en lI.H'cement violations or any codc \?nforccmcnt history on this sitc.
Starr Rqmrl COllllllunity J)en~lllplllel1t Board ,June 17. 200J - Case ANX2003-0400R - Page 3
SUMi\IARY AND RECOMMENDATIONS:
The proposed annexation can be served by City of Clearwater services. including water. sanitary
sewer. solid waste. police. tire and emergcncy mcdical serviccs without any adverse cftl:ct on the
service le\'el. The applicant has paid the required sanitary scwer impact fee and assessment fee and
is also aware of the additional cost to connect the property to the City sewer system.
The proposed annexation and existing use arc consistent with the City's Comprehensive Plan and
the Pinellas Planning Council's Countywide Plan Rules with regard to both the Future land Use
Map and the goals and policics. The existing and future use of this site as a warehouse use is
consistent with the IRT zoning district. Finally, the proposed annexation is consistent with Pinellas
County law regarding voluntary annexation,
Based on the above analysis. thc Planning Department recommends the following actions on the
request:
Recommend APPROVAL of the annexation of the propcI1y located at 2040 Rangc Road.
Recommend APPROVAL of the Industrial limited (lL) category pursuant to the City's
Comprehensive Plan,
Recommend APPROVAL of the IRT, Industrial, Research and Technology zoning district pursuant
to the City's Community Development Code.
Prepared by Planning Department Staff:
~L
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
Surrounding Uses Map
Site Photographs
S:\l'lallllillg D,'p'lrlml'1I/IC D BUllllc.m/iollsL-IX\' - !/!tJ3lrINX2003-{)-1(108 C%lllonios Fille Foods. /,\'C 20-111 RClIIg" Rdt.,I.\'X2()II.i.().f(}()S
C%nlollio's Fi,ll' F(){lds sla.lrr"l'orl,do,'
StafTReport - Community Development Board - June 17.2003 - Case ANX.:!003-0400S - Page 4
.
.
ORDINANCE NO. 7143-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF RANGE ROAD. APPROXIMATELY 200 FEET
EAST OF HERCULES AVENUE, CONSISTING OF A PORTION
OF LOTS 9 AND 10 OF PINELLAS GROVES IN SECTION 12,
TOWNSHIP 29 SOUTH, RANGE 15 EAST. WHOSE POST
OFFICE ADDRESS IS 2040 RANGE ROAD, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE,
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearvvater 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 Clearvvater
and the boundary lines of the City are redefined accordingly:
See legal description attached hereto,
(ANX2003-04008)
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:
'/
,I, /, ':' , f (.', l'
.I: .\! " ..... .t, ,,'. " . ~ \.
Leslie K. Dougall~Sipes
~.ssistant City Attorney
Cynthia E, Goudeau
City Clerk
Ordinance No 7143-03
.
.
Legal Description for ANX2003-04008
A parcel of land being a portion of Lots 9 and 10 of Pinellas Groves, in NE % of Section
12, Township 29 South, Range 15 East, Pinellas COL/nty, Florida, as recorded in Plat
Book 3, Page 15, Public Records of Pinellas County, Florida, described as follows:
Commence at the SW corner of the NW X of the NE X of Section 12, Township 29
South, Range 15 East, Pinellas COL/nty, Florida; rL/n thence N 00017'00" E. along the
quarter section line, 30,0 feet; S 89020'02" E, 253.0 feet for a Point of Beginning;
continue thence S 89020'02" E, 240,0 feet: thence N 00017'00" E, 200,0 feet: thence N
89020'02" W, 240.0 feet; thence S 00017'00" W, 200.0 feet to the Point of Beginning,
Ordinance No, 7143-03
.
.
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Proposed Annexation
Owner: Colontonio's Fine Foods. Inc.
Site: 2040 Range Road
Land Use Zoning
From: IL M 1 (County)
To: IL IRT
Case:
ANX2003.04008
Property
Size(Acres):
1,10
PIN:
12/29/15/70182/100/1004
Atlas Page:
271B
Exhibit A
Ordinance No. 7143-03
.
.
ORDINANCE NO, 7144-03
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 RANGE ROAD, APPROXIMATELY 200 FEET
EAST OF HERCULES AVENUE, CONSISTING OF A PORTION
OF LOTS 9 AND 10 OF PINELLAS GROVES, IN SECTION 12,
TOWNSHIP 29 SOUTH, RANGE 15 EAST. WHOSE POST
OFFICE ADDRESS IS 2040 RANGE ROAD, UPON ANNEXATION
INTO THE CITY OF CLEARWATER. AS INDUSTRIAL LIMITED:
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 descnbed
property. upon annexation into the City of Clearwater. as follows:
Property
Land Use CateQory
See legal description attached
(ANX2003-04008)
Industrial Limited
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. 7043-03. 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
Approved as to form: ,
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L~sli~ K. Dougall-Sicj~s)
Assistant City Attorney
Attest:
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Cynthia E. Goudeau
City Clerk
Ordinance No, 7144-03
.
.
Legal Description for ANX2003-04008
A parcel of land being a portion of Lots 9 and 10 of Pinellas
Groves, in NE ~ of Section 12, Township 29 South, Range
15 East, Pinellas County, Florida, as recorded in Plat Book
3, Page 15, Public Records of Pinellas County, Florida,
described as follows:
Commence at the SW corner of the NW ~ of the NE ~ of
Section 12, Township 29 South, Range 15 East, Pinellas
County, Florida; run thence N 00017'00" E, along the quarter
section line, 30.0 feet; S 89020'02" E, 253.0 feet for a Point
of Beginning; continue thence S 89020'02" E, 240,0 feet;
thence N 00017'00" E, 200.0 feet; thence N 89020'02" W,
240.0 feet; thence S 00017'00" W, 200.0 feet to the Point of
Beginning.
Ordinance No_ 7144-03
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Future Land Use Plan Map
Owner: Colontonio's Fine Foods. Inc. Case: \ ANX2003-04008
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2040 Range Road Property !
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Ordinance No. 7144-03
.
.
ORDINANCE NO. 7145-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF RANGE ROAD, APPROXIMATELY 200 FEET EAST OF
HERCULES AVENUE, CONSISTING OF A PORTION OF LOTS 9
AND 10 OF PINELLAS GROVES IN SECTION 12, TOWNSHIP 29
SOUTH, RANGE 15 EAST, WHOSE POST OFFICE ADDRESS IS
2040 RANGE ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER. AS INDUSTRIAL, RESEARCH & TECHNOLOGY
(IRT); 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 prope1y 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 I as follows:
Property
Zoninq District
See legal description attached
(ANX2003-04008)
Industrial, Research & Technology (IRT)
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. 7143-03,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor-Commissioner
Approved as to form:
Attest:
. _/ , if'" P': .,(",
1', .'/'. '" (, ,,/
. ,.?, ,. ,0; ,'II #;
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Leslie K, Dougall-Side~
Assistant City Attorney
Cynthia E, Goudeau
City Clerk
Ordinance No 7145.03
.
.
Legal Description for ANX2003-04008
A parcel of land being a portion of Lots 9 and 10 of Pinellas Groves, in NE Y.1 of Section
12, Township 29 South, Range 15 East, Pinellas County, Florida, as recorded in Plat
Book 3, Page 15, Public Records of Pinellas County, Florida, described as follows:
Commence at the SW corner of the NW X of the NE % of Section 12, Township 29
South, Range 15 East, Pinellas County, Florida; run thence N 00017'00" E, along the
quarter section line, 30,0 feet; S 89020'02" E, 253,0 feet for a Point of Beginning;
continue thence S 89020'02" E, 240.0 feet; thence N 00017'00" E, 200.0 feet; thence N
89020'02" W, 240.0 feet; thence S 00017'00" W, 200.0 feet to the Point of Beginning.
Ordinance No, 7145-03
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Zoning Map
Owner: Colontonio's Fine Foods. Inc. . Case: ! ANX2003-04008
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Site: 2040 Range Roael Proper ty \ 10
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Land Use Zoning
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PIN: , 12/29/15/70182/100/1004
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Owner: Colontonio's Fine Foods, Inc.
Site: 2040 Range Road
land Use Zoning
From: IL M 1 (County)
To: Il IRT
Case:
ANX2003-04008
Property
Size(Acres):
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Aerial Photograph
Owner: Colontonio's Fine Foods. Inc,
Case:
At.JX2003-04008
Site:
Property
SizelAcres) :
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2040 Range Road
Land Use
Zoning
PIN:
12/29/15/70182/100/1004
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Owner: Colontonio's Fine Foods, Inc. Case: ANX2003-04008
Site: 2040 Range Road Property 1.10
Size(Acres):
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PIN: I 12/29/15/70182/100/1004
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Property to the north
Site view from the south
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Colontonio's Fine Foods, Ine ANX200J-04008
2040 Range Road
Final Agenda Item #
Meeting Date:
PL-D :2
<Z
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
7-17-03
S U BJ ECT/RECOi\l;\ IE N I)ATIO~:
APPROVE the Petition for Annexation. Land Use Plan Amendment from County Commercial Gencral (CG)
to City Commcrcial Gcneral (CG) and Zoning Atlas Amendmcnt from the COllnty C I. ;-.ieighborhood
Commcrcial District. to the City C. Commcrcial District for 2500 Sunset Point Road (Lot 41. Skylinc Grovcs
in Section 06, Township 29 South. Range 16 East): and PASS Ordinances ::7146-03. #7147-03 & #7148-03 on
lirst reading.
00
and that the appropriate officials be authorized to execute same,
(ANX2003-04009)
SUi\IMARY:
The subject property is located at 2500 Sunset Point Road, \\'hich is on the north side of the street approximately
1,200 feet west of US Highway 19 North, The applicant is requesting this annexution in order to receive City sewer
service. The property is contiguous with the existing City boundaries to the south; therefore, the proposed annexation
is consistent with Florida Statutes with regard to voluntary annexation. The subject site is approximately 0.20 acres in
area and is occupied by an ex isting retail sales and service use, It is proposed that the property have a Future Land
Use Plun designation ofComl11ercial General (CG) and a zoning category ofC, Commercial.
The Planning Department determined that the proposed annexation is consistent with the following standards
speci licd in the Community Devclopment 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,
. The proposed annexation is contiguous to existing municipal boundaries, represents a logical extension orthe
boundaries and docs not create an enclave.
Reviewed by:
Legal ~,/',' j,'
'.-\ ..' -' -
Budget N/A
Info Srvc N/A
Costs
Total
Risk Mgmt N/A
Public N/A
Works
DCM/ACM~
Other N/A
Funding Sourco:
Purchasing N/A
Current
FY
CI
Attachments
ORDINANCES NO. 7146-03.
7147-03 & 7148.03
STAFF REPORT
OP
Other
Submitted by: 1)..AI II
City Manager ~ ~
o None
A ro rlation Codo:
Printed on recycled paper
2/98
Rov,
This anncxation has becn reviewcd by the PineIlas 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 becn raised.
Please refcr to the attachcd report (ANX2003-04009) for the complete stafr analysis.
Thc Community Developmcnt Board reviewed this proposed annexation at its regularly scheduled meeting on June
17, 2003 and unanimollsly recommcnded approval.
S:\Planning Dcpartlllcl1tiC D 13\Anncxations\ANX - 2003\ANX2003-04009 Robcrt & Marcia Warrcn 2500 Sunsct Point Rd\CC
ANX2003.04009 2500 Sunsct Pt Rd Robcrt Warrcn.doc
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COB Meeting Date:
Case Number:
Agenda Item :
June 17.2003
ANX2003-04009
F2
CITY OF CLEAR'VATER
PLANNING DEPARTMENT
STAFF REPORT
BACKGROUND INFORMATION:
O'''NER/APPLICANT:
LOCATION:
REQUEST:
SITE INFORMATION
PROPERTY SIZE:
DIMENSION OF SITE:
PROPERTY USE:
Current Use:
Proposed Use:
PLAN CATEGORY:
Currcnt Catcgory:
Proposed Category:
ZONING DISTRICT:
Currcnt District:
Proposed District:
EXISTING
SURROUNIlING USES:
Robert L. and i..,lan.:ia A. \Varren
2500 Sunsct Point Road. located on thc north side of Sunsct Point
Road, approximately 1,200 fcet west of US Highway 19 North.
To annex the property into thc City of Clearwater at thc rcquest of
thc property owncrs and approvc the appropriate City land usc plan
catcgory and zoning district.
8,712 square feet or 0.20 acres
101 fect wide by 89 feet deep m.o.1.
Rctail
Rctail
Commcrcial Gcneral (CG)
Commcrcial Gencral (CG)
C I, Neighborhood Commcrcial District (County)
C, Commcrcial District (City)
North: Single-family residcntial
South: Oftice
East: Utilitvllnfrastructure
..
Wcst: Office
Stall' Rcport- Community Dcvclopmcnt Board - Junc 17.2003 - Case ANX2003-04009 - Page 1
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ANAL YSIS:
The subject property is located at 2500 Sunset Point Road, which is on the north side of the street
approximately 1.200 feet west of t:S Highway Jl) North. The applicant is rcquesting this
annexation in order to receive City SC\\'L'r servkc, Thc prllpcrty is contiguous with the existing
City boundaries to the south: therdtlrc, the pnlposcd anncxation is consistent with rlorida
Statutes with regard to voluntary annexation. The "uhject site is approximately 0.20 acres in area
and is occupied by an existing retail saks and ser\'ice lIse. 1\ is proposed Ihal the pmperty have a
Future Land Use Plan designation of CO\l\mercial (iellcr,,1 (('( i) and a wning category (if C.
Commercial.
A. IMPACT O~ CITY SERVICES: ISectilln .l-()O.U: 11
\V ateI' and Sewer:
The applicant receives water service from Pindlas (\llllll~!. Sl'Wl'r sel'\'icl' will he provided by
the City ofClcarwater and capacity ItH' the project is availahk lill' Ihis utility. The doscst sewer
line is located in the adjaecnt East Sky Line right-l)l~\\'il~'. Thl' applicant has paid thc scwer
impact fee of $900,00 and asscssmcnt tec or $.H)O..N,
Solid Wastc:
Collection of solid waste will bc pro\'ided hy the City or ('karwater. The ('ity has an intcrlocal
agreement with Pinellas County to provide I'llI' the disposal or solid waste at the County's
Resource Recovery Plant and capacity is available to serve thl' properly.
Police:
The proposed annexation is located within Patrol District J in whkh thl're are currently 5h patrol
ofticers and 7 patrol sergeants and a lieutenant assign~d tn this Distrkt. The Distril:t Statioll is
located at 2851 North McMuJlen Booth Road, Community policing service will be provided
through the City's zone system and officers in the lidd. The Polil:c Departmcnt will be able to
serve this property and the annexation will not adversdy al'lect police servicc and responsc time.
,
Fire and Emergency Medical Services:
Firc and emergency medical services will be provided to this property hy Station #48 located at
1700 North Belchcr Road, The Fire Department will be able to serve this property and the
annexation will not adverscly affect fire and EMS scrvice lInd response time.
In summary. the proposed annexation will not havc an adverse cnecl on puhlic litcilities and their
levcl of servicc.
B. CONSISTENCY \VITI-I CITY'S COMPREHENSIVE PLAN: [Section 4-604,F,I]
The Pincllas County Comprehensive Plan and the Countywide Plan designate the site as
Commercial General (CO). It is the purposc or this category tll depict those areas or the County
that arc now dcveloped. or appropriatc to be dc\'c1oped. in a manner designed to provide
community and countywide commercial L!.oods and servkes: and to rl'COL!.l1il.l' such areas as
.. '" '- '"-
Statr Report -, Community Development Board - June 17. 20()~ ' Case ANX20llJ.().IOO<.) . Page 2
,','
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primarily consistent with the need. relationship to adjoining uses and \\'ith the ohjecti\'e of
encouraging a consolidated. conL'entrated l'Pmmen:ial center pnl\'iding Il)r the full spectrum of
co m mere i a 1 uses,
The annexation docs not propose to change the Commercial General (CG) plan eategory and the
proposed use is consistent with the CG category, Further. the annexation promotes inlill
development as stated in Ohjectiw 2.4 of the Clearwater Future l.and Use Plan:
2.4 Objcctive - Compact urh~m development within the urhan seJ'\'ice mea shall he promoted
through applkationl)f the Ckarwater Community Developmcnt Code.
[n summary. the pwposed annexation is c~'nsistent with the City's Comprehcnsive Plan both in
the Future Land Use ivlap and thl' goals and policies of the Plan.
C. CONSISTENCY OF DE\'ELOP~IENT \\'1'1'11 COl\l;\Jl!~ITY DEVELOPl\IENT
CODE AND CITY REGULATIO~S: [Sections 2-1201,1. & -t-604.F,5,!
As stated earlier. the application IlH' annexation involves an existing rdail sales and service use.
The property is 100 fed in width and X. 712 square fl'et in lot area. Based on the surrounding are
and existing Future Land Use Plan category. the C. Clllllmen:ial Distrid is the appropriate zoning
district. Howevcr. as thc site docs not mcet minimum lot an:a and thmt and side sct back
requirements for retail sales and service standard devL'lopment in the C zoning district. an)' future
redevelopmcnt on the site wiJl be considered a Flex i hie Standard request and require staff review.
D. CONSISTENCY \\'11'11 TilE COll NTY\\' I DE PLAN:
Therc is no change requested in the Comprehensive Plan eatl'gory of the site. which will remain
Commercial General (CG) with a maximum FAR ofO,S5.
E. CONSISTENCY \\'(TII PINELL:\S COUNTY ANn FtolunA LA \\':
Pursuant to Pincllas County OrdinatH;e No. ()O-(l.~, tht: Pindlas Planning Coundl and ('ounty
staffs havc revicwcd this annexation and determined it cOlllplies with the ordinance criteria.
Florida Statutes require that a proposed annexatillll h~ 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 thl' south and n:prescnts a logical extension of
the existing boundaries. The compactness standard of Florida la\\' requires that the annexation
docs not create an enclave or a serpentine pattern of municipal boundaries, The al1l1exation or
this property is consistent with this standard and no new l'nclaw \\'ill he crcated. In summary.
the annexation ofthis property is consistcnt with Florida la\\'.
F. CODE ENFORCE:\IE~T ANALYSIS:
Stillr Rcport- Comlllunity Dc\'e!opmcnl Bt'ard JUIlC 17.21111' (aSt' :\~X2tHlJ,()4()lJl) . Pagc -'
,
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"
There arc no current code enfiJrcement violations or any code enforcement history 011 this site.
SUl\Il\IARY AND RECOl\Il\IENDATIONS:
Thc proposed annexation can be served by City of Clearwater services. including sanitary sewer.
solid waste. policc. tire and cmergency medical services without any adversc effect on the service
level. The applicant has paid the requircd sanitary sewer impact fee ancl assessment Ice and is
also aware of the additional cost to connect the property to the City sewer system.
Thc proposcd annexation and existing usc are consistent with the City's Comprehensive Plan and
thc Pinellas Planning Council's Countywide Plan Rulcs with regard to both the Futurc Land Use
~vtap and thc goals and policies, The existing and future use of this site as a retail sales and
service use is consistent with the C 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 thc abovc analysis. thc Planning Departmcnt reeommcnds thc fi.)lIowing actions on the
rcqucst:
Recommcnd APPROVAL of the anncxation of the property located at 2500 Sunset Point Road.
Recommcnd APPROVAL of the Commcrcial General (CG) category pursuant to the City's
Comprehensive Plan,
Recommcnd APPROVAL of thc C, Commercial zomng district pl1l"suant to the City's
Community Development Code.
Prepared by Planning Department Staff:
~~
Marc A. Mariano, Planner
Attachments:
Application
Location Map
Aerial Photograph
Proposed Annexation
Future Land Use Map
Zoning Map
SUlTol1l1ding Uses lvlap
Site Photographs
S:i/'Im,"illg 1),01'0"'11I..11((' n /lUI/I',\tuioll.'::/,\'.\' - :!tJtJ.!I"I,\',L'IIII.!-II.JlllltJ R"h..,., & ,lfar,.;a II"J"'<'II .!51111 S/I/II..,I'oill' Rdi..r.\'.\':!IJII.!-IJ.JIJ()t)
/lo/'er' & ,lfa,.cia lI'a,.,..." '''Jlr''''''"I'I,do,'
Stan'RCpt1rl ' ('(lI1ll1lunity DC\'l:lopl1lcnl Board " June 17. 2003 -, Ca:o.c ANX2003-04009 - Page 4
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.
ORDINANCE NO. 7146~03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
NORTH SIDE OF SUNSET POINT ROAD, APPROXIMATELY
1,200 FEET WEST OF US HIGHWAY 19 NORTH, CONSISTING
OF A PORTION OF LOT 41, SKYLINE GROVES, WHOSE POST
OFFICE ADDRESS IS 2500 SUNSET POINT ROAD, INTO THE
CORPORATE LIMITS OF THE CITY, AND REDEFINING THE
BOUNDARY LINES OF THE CITY TO INCLUDE SAID ADDITION;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property Into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance: now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 41, Skyline Groves, according to the plat thereof, as recorded in Plat Book 44.
Page 22, Public Records of Pinellas County, Florida. Less that portion described
in O.R. Book 1733, Page 646, Public Records of Pinellas County, Florida
(ANX2003-04009)
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 I 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:
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Leslie K, Dougall-Sides
Assistant City Attorney
Cynthia E, Goudeau
City Clerk
Ordinance No 714G..01
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Owner: Robert L. & Marcia A. Warren Case:
Site: 2500 Sunset Point Road Property
Size(Acres) :
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From: CG C 1 (County)
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Exhibit A
Ordinance No. 7146-03
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ORDINANCE NO. 7147-03
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
SUNSET POINT ROAD, APPROXIMATELY 1,200 FEET
WEST OF US HIGHWAY 19 NORTH, CONSISTING OF A
PORTION OF LOT 41, SKYLINE GROVES, WHOSE
POST OFFICE ADDRESS IS 2500 SUNSET POINT
ROAD, UPON ANNEXATION INTO THE CITY OF
CLEARWATER. AS COMMERCIAL GENERAL;
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 appropnate
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
Lot 41, Skyline Groves, according to the plat thereof,
as recorded in Plat Book 44, Page 22, Public Records
of Pinellas County, Florida. Less that portion described
in O.R. Book 1733, Page 646, Public Records of Pinellas
County, Florida (ANX2003-04009)
Land Use Cateqorv
CommerCial General
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. 7146-03, 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
Approved as to form:
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Leslie K, Dougall-Side~
Assistant City Attorney
Altest
Cynthia E Goudeau
City Ci8rk
Ordinance No, 7147-03
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Owner:
Robert L. & Morcia A. Warren
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Ordinance No. 7147-03
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ORDINANCE NO. 7148-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE NORTH SIDE
OF SUNSET POINT ROAD, APPROXIMATELY 1,200 FEET
WEST OF US HIGHWAY 19 NORTH, CONSISTING OF A
PORTION OF LOT 41, SKYLINE GROVES, WHOSE POST
OFFICE ADDRESS IS 2500 SUNSET POINT ROAD, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
COMMERCIAL (C ); PROVIDING AN EFFECTIVE DATE
WHEREAS, Ule assignment of a zoning dlstnct clasSlflcatloll as set fortlllll tillS ordlllClllct::
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 aUas of Ule City is
amended, as follows:
Property
Lot 41, Skyline Groves, according to the plat thereof,
as recorded in Plat Book 44, Page 22, Public Records
of Pinellas County, Florida, Less that portion described
in O.R. Book 1733, Page 646, Public Records of Pinellas
County, Florida (ANX2003-04009)
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. 7146-03,
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J, Aungst
Mayor-Commissioner
Approved as to form:
Attest:
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Leslie K. Dougall-'Sides
Assistant City Attorney
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Cynthia E, Goudeau
City Clerk
OllllllanCtl No i 148,u::
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Owner:
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Ploperty
Size(Acres):
ANX2003-0tl009
Site:
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Owner: Robert & Marcia Warren
Case:
ANX2003-04009
Site: 2500 Sunset Point Roael
Property
Size(Acres) :
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Lanel Use
Zoning
PIN:
06/29/16/82710/000/0410
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254B
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Aerial Photograph
Owner: Robert L. & Marcia A. Warren
Case:
ANX2003-Q4009
Site: 2500 Sunset Point Road
Property
Size(Acres):
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land Use
Zoning
PIN: 06/29/16/82710/000/0410
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Site: 2500 Sunset Point Road Property 0,20
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From: CG C 1 (County)
To: CG C Atlas Page: 254B
Property to the west
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Robert L. & Marcia A. 'Varren ANX2003-04009
2500 Sunset Point Road
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Clearwater City Commission
Agenda Cover tvlemorandulll
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Work sesslor item II: J L.V J-.
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Final Agenda Item /I I
Meeting Date; 07/17/03
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate the West 399.78 feet
of the 50-foot railroad easement lying along the south property line of Lot 15, Clearwater
Industrial Park, (A.K.A. 1555 Sunshine Drive), and dedicate a 10-foot water easement proposed to
be located along the South property line of the West 399.78 feet of said Lot 15, and pass
Ordinance Number 7140-03 on first reading, (V2008-03 City of Clearwater/Clearwater Industrial
Park),
00 and ttla: the appropnate officials be authorized to executa same,
SUMMARY:
. The subject property is city-owned and if the vacation request is approved a request to declare the property
surplus will be forwarded for commission consideration at a later meeting,
. The railroad easement was dedicated on the plat of Clearwater Industrial Park,
. The Planning Department has no objections to the vacation request.
. Progress Energy, Bright House, Verizon and Verizon Media Ventures have no objections to the vacation
request.
. The City of Clearwater has an 8-inch water line located in the northerly 10 feet of the subject easement and
the dedication of a 1 a-foot water easement is requested in order to protect access to the water line,
. Public Works Administration has no objections to the vacation request.
KCvi';'.'/3d by:
Legal (//)01\ '"'l Info Srvc
(!L' ___~
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N/A Public Works
NIA DCMIACM
NIA Other
I 1
Originating Dept: '7^ 1
Public Works Admlnistrat on
Steve Dohert
User Dept.
N/A
Current FY
Funding Source:
CI
OP
Other
N/A
Costs N/A
Total
Budget
Purchasing
Risk Mgmt
Attachments
Ord. 7140.{)3
Location Map
Submitted by: 'iJ.,,1 IJ
City Manager QP ~
Appropriation Code:
, Printed on recycled paper
V ACA liON 2003-08 City of Clearwater-Clearwater Industrial Park
ORDINANCE NO. 7140-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING THE WEST 399,78 FEET OF THE 50-
FOOT RAILROAD EASEMENT LYING ALONG THE SOUTH
PROPERTY LINE OF LOT 15, CLEARWATER INDUSTRIAL
PARK AND DEDICATE A NEW 10-FOOT WATER LINE
EASEMENT TO BE LOCATED ADJACENT TO THE SOUTH
PROPERTY LINE OF THE WEST 399.78 FEET OF SAID
LOT 15; PROVIDING AN EFFECTIVE DATE.
WHEREAS, City of Clearwater, owner of real property located in the City of
Clearwater, has requested that the City vacate the railroad easement depicted in Exhibit
A attached hereto; and
WHEREAS, the City Commission finds that said easement is not necessary for
municipal use and it is deemed to be to the best interest of the City and the general public
that the same be vacated; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following:
West 399.78 feet of the 50-foot railroad easement lying along the south
property line of Lot 15, Clearwater Industrial Park as recorded in Plat Book
44, Page 46, Public Records of Pinellas County, Florida, and dedicate a
new 10-foot water line easement to be located adjacent to the south
property line of the west 399.78 feet of said Lot 15
is hereby vacated, and the City of Clearwater releases all of its rights in the servitude as
described above to the owner of the servient estate thereto.
Section 2. The City Clerk shall record this ordinance in the public records of
Pinellas County, Florida, following adoption,
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No. 7140--03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
, ;--'1 ~7) ;-:-) /t'
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--BrYan)). Ruff ../ Y.l
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
2
ordinance No. 7140.03
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VACATION REOUEST ,...T
Lot 15 1 or 6
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Cleo-water Industrial Park 12-29.-15e
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ITEM # (0
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #: t: D / H 5 G 2
Final Agenda Item # / 0
f\'Ieeting Date; .July 17 ?Om
SUBJECT/RECOMMENDATION: Declare as surplus for the purpose of exchanging the fee simple
estate in a portion of Lot 1, A RESUB OF BASKINS REPLA T, containing 2.422 acres, more or less
("surplus parcel"), and approve a Contract For Exchange of Real Property between the City and
Clearwater Mall, LLC ("Exchange Contract"), to exchange the City's fee estate in said surplus parcel
valued at $1,200,000 for the fee estate in Pinellas County parcels 15-29-15-65196-000-0034 and
0063 for the sum of $145,000, and Pinellas County parcels 15-29-15-65196-000-0030, 0060, 0061,
0062 and 15-29-15-65214-002-0180 for the sum of $1,013,050 (collectively, "exchange parcels"),
subject to fulfillment of the terms and conditions of the exchange contract, and of those certain
Contracts For Sale and Purchase of Property between Clearwater Mall, LLC and owners of the
exchange parcels, plus estimated interest payments and transaction costs of $41,950, for a total
exchange consideration not to exceed $1,200,000
00 and that the appropriate officials be authorized ta execute same.
SUMMARY:
. On September 4, 2002 the City conveyed an irregular 1,271 acre portion of the current Fire Station #49
site at the former ClealWater Mall to New Plan Excel Realty Trust in exchange for an equal size parcel
on the east side of Sky Harbor Drive as a replacement site for the fire station.
. On September 16, 2002 James M. Millspaugh, MAl, appraised the remainder 2.422 acre portion of the
Fire Station #49 property and valued it at $1,200,000, as improved.
. On November 11, 2002 ~<. Mitchell Caldwell, MAl, appraised Parcel A #15-29-15-65214-002-0180
(28,159 square feeVO.65 acres), and Parcel (s) B 15-29-15-65196-000-0030,0032,0033,0060,0061
and 0062 (108,110 square feeU2.48 acres) ClealWater Automotive site (Frank L. McKinley & Joel
Kehrer, and Salvage Properties, Inc.) and valued it at $1,013,050.
. On November 26, 2002 James M, Millspaugh, MAl, appraised parcels #15-29-15-65196-000-0034,
0063 (31.40010 square feeVO,72 acres)- Ruth M. Mills & Arthur Miller, Jr,), and valued it at $145,000.
. The underlying purpose of this transaction is to remove from the Downtown environs, a non-
conforming land use which in its current use as an automotive junk yard and engine storage facility, is
both inappropriate for the area, and inhibits opportunities for redevelopment within this prime infill area.
. It is the intention of the city to allow ClealWater Automotive to remain on the property for up to two
years after date of closing, so they can make an orderly transition to another location, and have time to
remove all personal property, equipment and salvage,
. Due to the "value added" incurred in obtaining these parcels, the city will accept these parcels "as is"
and without warranties, and will be responsible for the demolition of all structures, and for any future
environmental due diligence and mitigation.
Reviewed bY~A/ ~
Legal ~
Budget tJ A
Purchasing )J t,
Risk Mgmt \J A
Info Srvc I~ A
Public Works ~I /]) fJ
DCM/ACM 'J,;
Other N Ii..
Originating Dept'
Economic Develop
User Dept. hlP~
Economic Develb ment
Attachments
Costs
Total
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City ManagOlO 'J' JI
Q.d( ""'-lL..
IBl Map
IBl legal Description
Appropriation Code:
Printed on recycled paper
Rev. 2/98
· The Exchange Document stipulates that the City will be responsible for paying Clearwater Mall, LLC
the sum of $5,000 per month, payable in advance, during the Occupancy Period (Ju:y 14, 2003
through, but no later than, February 28, 2004) as renumeration for retaining possession of Parcel 1
until the City opens a replacement fire station.
2
CLEARWATER FIRE STATION #49
LEGAL DESCRIPTION: REMAINDER F.S. 49 SITE
A parcel of land being a portion of Lot 1, A RESUB OF BASKIN'S REPLAT, as
recorded in Plat Book 24, Page 42, Public Records of Pinellas County, Florida,
together with a portion of the Southwest ~ of Section 17, Township 29 South.
Range 16 East, Pinellas County, Florida, being more particularly described as
follows:
Commence at the Northwest corner of the Northeast ~ of the Southwest ~ of
Section 17, Township 29 South, Range 16 East, Pinellas County, Florida; thence
N89046'01"E, 796,80 feet along the East-West centerline of said Section 17,
Township 29 South, Range 16 East; thence SOo021'26"W, SO.OO feet to the
southerly right-of-way line of State Road 60 (Gulf to Bay Boulevard), the same
being the NE corner of Lot 1 of A RESUB OF BASKIN'S REPLAT, as recorded in
Plat Book 24, Page 42 of the Public Records of Pinellas County, Florida. and the
POINT OF BEGINNING; thence run SOo013'S9"E, 469,02 feet; thence
S89046'14"W, 386.64 feet; thence NOo021'26"E, 469.02 feet to the southerly
right-of-way line of State Road 60 (Gulf to Bay Boulevard); thence N89046'01"E,
106.40 feet; thence S01 01 O'S1"E, 130.00 feet; thence N89046'01"E, 1S0,OO feet;
thence N01 01 O'S1"W, 130.00 feet; thence N89046'01"E, 12S.40 feet to the POINT
OF BEGINNING. Containing 3.688 acres, more or less,
LESS AND EXCEPT that certain parcel of land being a portion of Lots 3 and 8,
CLEARW A TER MALL, according to the plat thereof as recorded in Plat Book
125, pages 21 - 29, public records of Pinellas County, Florida, as more
particularly described in that Special Warranty Deed recorded in O. R. Book
12227, Pages 2424 - 2428, public records of Pinellas County, Florida,
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CONTRACT FOR EXCHANGE OF REAL PROPERTY
THIS CONTRACT is made and entered into as of the 12th day of June, 2003,
by and between the CITY OF CLEARWATER, FLORIDA, a municipality, hereinafter
referred to as the "City," and CLEARWATER MALL, LLC, a Delaware limited liability
company, hereinafter referred to as the "Owner," for the exchange of properties in
Clearwater, Florida, as described herein.
The parties hereto agree as follows:
1. Exchanqe of Property. The City shall convey title to certain real
property referred to as "Parcel 1" which is described in Exhibit A to this contract to the
Owner. The Owner shall convey, or cause to be conveyed, title to certain real
property referred to as "Parcel 2" which is described in Exhibit B to this contract to the
City and "Parcel 3" which is described in Exhibit C to this contract to the City. The
conveyance of Parcel 1 shall constitute full consideration for the conveyance of Parcel
2 and Parcel 3. The conveyance of Parcel 2 and Parcel 3 shall constitute full
consideration for the conveyance of Parcel 1.
2. Definitions. In this contract, "Seller" shall mean the City with respect to
Parcel 1 and the Owner with respect to Parcel 2 and Parcel 3. "Purchaser" shall mean
the Owner with respect to Parcel 1 and the City with respect to Parcel 2 and 3. The
"Parcel 2 Clearwater Automotive Contract" shall mean that certain Agreement for Sale
and Purchase of Property between Frank L. McKinley & Joel Kehrer, individuals and
Salvage Properties, as seller and Owner, as buyer, dated as of June 12, 2003 in the
amount of $1,013,050 substantially in the form attached hereto as Exhibit "0" and
made a part hereof. The "Parcel 3 Contract" shall mean that certain Agreement for
Sale and Purchase of Property between Ruth M. Mills & Arthur Miller, Jr" individuals,
as seller and Owner, as buyer, dated as of , 2003 in the amount of $145,000
substantially in the form attached hereto as Exhibit "0" and made a part hereof.
These terms are used for convenience and do not imply the payment of any
compensation other than conveyance of real property in exchange for real property.
3. Leqal Descriptions. The legal description of the properties being
exchanged between the parties are described as follows:
I
a. Parcel 1 - See Exhibit "A" attached;
b. Parcel 2 - See Exhibit "B" attached.
c. Parcel 3 - See Exhibit "c" attached.
1
cd\C Ie arwalel M all\C IlyOle Ie a /Wale r\E xcha ng eAg rccme n tV 5Clca n
4. Purchase Price, It is mutually agreed that the transfer of Parcel 1 by the
City to the Owner and the transfer of Parcel 2 and Parcel 3 to the City shall constitute
the full and sufficient consideration for the exchange of properties.
5. Commission Approval. Following the execution of this contract by the
Owner, this contract shall be held open for acceptance and approval by the
Clearwater City Commission for 30 days following receipt in the offices of the City of
Clearwater City Manager. Unless this contract is unconditionally approved and
accepted by the City Commission within the 30 days and written notice of the approval
and acceptance delivered to Owner within 30 days following receipt by the aforesaid
City Manager's Office, the Owner may at its sole option and discretion terminate this
contract whereupon each party shall be relieved of all further obligations hereunder.
The City shall cooperate with Owner in a timely manner in the execution of
applications necessary and required as to Parcel 1 so that Owner can submit and
process applications required to facilitate the Phase II redevelopment of Clearwater
Mall. The only contingency to the City in acquiring fee simple title to Parcel 2 and
Parcel 3 is obtaining commercially reasonable title and survey to said parcels.
6. ClosinQ Date. (a) This transaction shall be closed and the deeds and
other closing papers delivered no later than 30 days after receipt of written notice of
approval of this contract by the Clearwater City Commission, Notwithstanding
anything to the contrary in this contract, the closing of this transaction is contingent
upon the Owner's simultaneous closing on Parcel 2 Clearwater Automotive Contract
and the Parcel 3 Contract.
(b) Seller's Possession After Closing. City shall be entitled to remain in
possession of Parcel 1 from the Closing until it opens a replacement fire station for service at
565 Sky Harbor Drive" Clearwater, Florida currently under construction (the "Occupancy
Period") and City agrees to use its best efforts to construct and open said replacement fire
station. In no event shall the Occupancy Period extend past February 28, 2004. It shall be
the City's responsibility at City's sole cost and expense, to remove all personal property,
equipment and salvage located on Parcel 1 on or before the expiration of the Occupancy
Period. City shall defend, indemnify and hold Owner harmless from all cost, expense and
liability resulting from Owner's use or possession of Parcel 1 from the period of Closing until
City shall deliver possession of same to the Owner, Owner shall have the right to make
periodic inspections of Parcel 1 during the period of City's possession after Closing, inclUding
environmental inspections, but Owner agrees to conduct such inspections in a manner that
will not unduly interfere with City's day to day operation, City shall have no responsibility or
obligation to raise, remove or demolish any of; the existing buildings and structures on Parcel
1. Notwithstanding anything to the contrary in this contract, the City shall pay Owner
the sum of $5,000 per month, payable in advance, during the Occupancy Period, Said
payments shall commence on the Closing Date and the first day of each successive
month. The foregoing paragraph shall survive the Closing of this transaction.
7, Title Evidence. The Owner shall order and provide to Owner within
thirty (30) days after the full execution of this Contract, at Owners expense, a
commitment for title insurance in the amount of $1,200,000.00 which commitment
shall show a marketable unencumbered fee simple title in the name of the Owner as to
2
ed\C lea rw a Ie rM a 'I\C 't yOfClearwa Ie r\Excha ngeAg reeme n tV SCle a n
Parcel 1. The Owner shall have fifteen (15) days after receipt of said commitment and
Survey (as hereinafter defined) for the examination thereof, and within said period
shall notify the City in writing of any objections to said title, If this notification is not
given within said time period, then said title shall be conclusively deemed to be
acceptable to the Owner. In the event that the title to Parcel 1 is not good and
marketable, the City shall have fifteen (15) days thereafter to perfect the title. If the
defects are not cured within such time, then the Owner may cancel this contract or
waive the defects and accept the property without deduction on account of said
defects. A final title insurance policy will be issued to the Owner within fifteen (15)
days after closing,
The Owner, at no cost to the City, shall order and provide to City a
commitment for title insurance in the amount of $1,013,050.00 which commitment
shall show a marketable unencumbered fee simple title as to Parcel 2 and a
commitment for title insurance in the amount of $145,000.00 which commitment shall
show a marketable unencumbered fee simple title as to Parcel 3. The City shall have
fifteen (15) days after delivery of said commitments for the examination thereof, and
within said period shall notify the Owner in writing of any objections to said title, If this
notification is not given within said time period, then said title shall be conclusively
deemed to be acceptable to the City. In the event that the title to Parcel 2 and Parcel
3, is not good and marketable, the Owner shall have forty-five (45) days thereafter to
perfect the title, or cause the title to be perfected, If the defects are not cured within
such time, then the City may cancel this contract or waive the defects and accept the
property without deduction on account of said defects. A final title insurance policy will
be issued to the City within fifteen (15) days after closing. The Owner and the City
shall mutually agree upon a title insurance company and closing agent; provided that
the City shall accept the title insurance company in the Parcel 2 Clearwater
Automotive Contract and the Parcel 3 Contract.
8. Permitted Exceptions. The parcels shall be conveyed to the
Purchasers subject to no liens, charges, encumbrances, restrictions, exceptions, or
reservations of any kind or character other than the following permitted exceptions:
a. Zoning ordinances and land use regulations;
b. Any easements, restrictions or other matters that appear in the
commitment and/or survey (excluding standard exceptions) which are not
objectionable exceptions; and
c. Any agreements between the parties that are part of this contract.
9. Survey. The Owner. at Owner's sole cost and expense, may obtain a
current survey (the "Survey") of the Parcel'1 prepared by a duly licensed land
surveyor. The Owner, at Owner's sole cost and expense, shall obtain a current survey
of the Parcel 2 and/or Parcel 3 prepared by a duly licensed land surveyor.
3
cdlC Ie 0 rw a Ie r MalllCilyOfC lea r....a terlE xch a n geAg reemenlV5C Ie a n
10. Closinqs and Possession, Subject to satisfaction of the conditions
precedent set forth in this Agreement, the exchange contemplated herein shall occur
simultaneously with the closing of the Parcel 2 Clearwater Automotive Contract and
Parcel 3 Contract. Said closings shall be simultaneous. City shall accept a deed from
(i) the sellers under the Parcel 2 Clearwater Automotive Contract instead of the
Owner, and (ii) the seller under the Parcel 3 Contract. City is aware that, pursuant to
the terms and conditions of the Parcel 2 Clearwater Automotive Contract, Clearwater
Automotive shall shall have the right to remain in possession of the Parcel 2 property
for a period of two (2) years from and after the date of closing and it shall be such
occupant's responsibility at occupant's sole cost and expense, to remove all personal
property, equipment and salvage located on this portion of the property on or before
the expiration of the two (2) year period from date of closing;
11. Property Taxes. To the extent any property taxes are assessed, all
property taxes shall be prorated at closing.
12. Intentionally Deleted.
13. Condition Precedent to Owner's Obliqation to Close, The
consummation of the transaction contemplated by this contract is contingent upon the
following:
a.
Owner's simultaneous closing on Parcel 2 Clearwater Automotive
Contract and the Parcel 3 Contract. If Owner does not close
under the Parcel 2 Clearwater Automotive Contract and the Parcel
3 Contract, this contract shall become null and void.
b.
Parcel 1 having a commercial land use and zoning classification to
accommodate the Owner's intended Phase " redevelopment of
the Clearwater Mall Project.
c.
Owner's sole and absolute satisfaction with the environmental
condition of Parcel 1.
Notwithstanding anything to the contrary in the Agreement, if the Closing shall not
have occurred on or before December 31, 2003, and "a", "b" and "c" immediately
above have not occurred, then Owner has the option to terminate this contract
whereby the rights and obligations of the p~rties shall cease.
14. Closinq Costs. The Owner shall pay the following closing costs and
expenses in connection with the closing of Parcel 1:
a. All documentary stamps in .connection with the conveyance of the
property;
b.
title insurance;
The premium and all search fees payable for the owner's policy of
4
e dlC lea rwa te r Ma II\C IlyOfC lea rw a ler\E xch angcAgreeme nlV 5C lea n
The City shall pay its costs of document preparation and its attorneys'
c. Recording fees in connection with those instruments necessary to
render title acceptable to the Owner; and
d. Its costs of document preparation and its attorneys' fees.
fees.
The Owner shall pay all the costs of the Buyer pursuant to the terms and
conditions of the Parcel 2 Clearwater Automotive Contract and Parcel 3 Contract.
15. Risk of Loss. With respect to Parcel 1, the risk of loss or damage to the
premises (other than buildings and other structures on Parcel 1 ), until delivery of deed,
is assumed by the City. The City further agrees to maintain Parcel 1 and to deliver
said Parcel 1 (other than buildings and other structures on Parcel 1) to the Owner in
the same condition as when the contract was executed, ordinary wear and tear
excepted. With respect to Parcel 2 and Parcel 3, the risk of loss or damage to the
premises by fire or otherwise, until delivery of deed, is assumed as expressly provided
in the Parcel 2 Clearwater Automotive Contract and Parcel 3 Contract, respectively.
Parcel 2 and Parcel 3 will be delivered to the City as expressly provided in the Parcel
2 Clearwater Automotive Contract and Parcel 3 Contract, respectively.
Notwithstanding anything to the contrary in this contract, the City, its successors and
assigns, does hereby release and forever discharge, Owner, Owner's successors,
officers, assigns, and all of Owner's respective successors, assigns, and affiliates, and
all of Owner's respective present and former members, officers, employees,
representatives, agents, assigns, of and from any and all claims, demands, obligations
or liabilities. of any nature whatsoever, including but not limited to claims for property
damages, personal injury or death arising out of, or in conjunction with the Parcel 2
Clearwater Automotive Contract, the Parcel 3 Contract, the City's occupation or use of
Parcel 2 and the permitted occupation or use of Parcel 2 after the transfer of Parcel 2
as permitted under the Parcel 2 Clearwater Automotive Contract, and the City's
occupation or use of Parcel 3, Notwithstanding anything to the contract in this
contract, the City hereby defends, indemnifies and holds Owner harmless from and
against any claims, demands, obligations or liabilities, of any nature whatsoever,
including but not limited to (i) claims for in connection with the presence or release of
any and all Hazardous Materials (as hereinafter defined) at or on the Parcel 2 and Parcel
3, including, without limitation, all costs of rer)1oval and disposal of any and all Hazardous
Materials (as hereinafter defined), all costs of determining whether the Parcel 2 and
Parcel 3 are in compliance with applicable local, state, and federal environmental laws, all
costs of causing Parcel 2 and Parcel 3 to be in compliance with applicable local, state and
federal environmental laws, all costs associated with claims for damages to persons or
property, and Owner's attorney's fees and consultants' fees and court costs, (ii) property
damages, personal injury or death arising out of, or in conjunction with the Parcel 2
Clearwater Automotive Contract for the occupation or use of the Parcel 2 or suffered
or incurred as a result of the City's or occupation or use of Parcel 2 for any purpose
5
e dele a rwa Ie r Ma II\C iI yOfC lea rwa Ie r\E xcha ngeAg reeme n IV5C lea n
including the permitted occupation or occupation of Parcel 2 after the transfer of
Parcel 2 as permitted under the Parcel 2 Clearwater Automotive Contract except to
the extent of Owner's negligence or Owner's breach of the Parcel 2 Clearwater
Automotive Contract, and (iii) property damages, personal injury or death arising out
of, or in conjunction with the Parcel 3 Contract for the occupation or use of the Parcel
3 or suffered or incurred as a result of the City's occupation or use of Parcel 3 for any
purpose except to the extent of Owner's negligence or Owner's breach of the Parcel 3
Contract. This indemnification shall include payment of all attorneys' fees and costs
incurred by Owner in responding to any such claim, demand or asserted obligation or
liability, whether or not a lawsuit is actually filed pertaining to the indemnified matter.
This indemnification shall survive the closing of Parcel 2 and Parcel 3 and the transfer
of title to Parcel 2 and Parcel 3 or the termination of this contract, and shall be in
addition to any and other rights of Owner set forth herein or provided by law. The term
"Hazardous Materials" as used herein includes, without limitation, hazardous materials,
hazardous wastes, hazardous or toxic substances, polychlorinated biphenyls or related or
similar materials, asbestos or any material containing asbestos, or any other substance or
material as may be defined as a hazardous or toxic substance by any federal, state or
local environmental law, ordinance, rule, or regulation including. without limitation, the
Comprehensive Environmental Response, Compensation and Liability Act of 1980, as
amended (42 U.S.C. Sections 9601, et seq.), the Hazardous Materials Transportation
Act, as amended (49 U.S.C, Sections 1801, et seq.), the Resource Conservation and
Recovery Act, as amended (42 U.S,C, Sections 1251 et seq.), the Clean Air Act (42
U.S,C, Sections 7401 et seq,), Chapter 376, Florida Statutes, and in the regulations
adopted and publications promulgated pursuant thereto.
16, Nonassi~nabilitv. Neither party may assign this contract, provided,
however, that Owner may assign its rights to another entity owned and controlled by
the Clearwater Mall, LLC and/or any of its members, without City approval.
17. No Brokers. Each party affirmatively represents to the other party that
no brokers have been involved in this transaction and that no broker is entitled to
payment of a real estate commission because of this transaction.
18. Notices. All notices which are required or permitted hereunder must be
in writing and shall be deemed to have been given, delivered or made, as the case
may be (notwithstanding lack of actual receipt by the addressee): (i) three (3) business
days after having been deposited in the United States mail, certified or registered,
return receipt requested, sufficient postag~ affixed and prepaid; or (ii) one (1) business
day after having been deposited with an expedited, overnight courier service (such as
by way of example but not limitation, U.S. Express Mail or Federal Express),
addressed to the party to whom notice is intended to be given at the address set forth
below:
As to Owner:
Clearwater Mall, LLC
c/o The Sembler Company
5858 Central Avenue
6
ed IC Ie a rw ate r M a II\CltyOfC Ie a rw a I e rlE x eh a ngcAg reeme ntV5C Ie an
St. Petersburg, Florida 33707
Attn: Gregory S. Sembler
With a copy to:
Thomas L. Mulkey
New Plan Excel Realty Trust, Inc.
563 West 500 South, Suite 440
Gateway Tower
Woods Cross, UT 84087
And:
E.D. Armstrong III, Esquire
Johnson, Pope, Bokor, Ruppel & Burns, P.A.
Post Office Box 1368
Clearwater, FL 33757-1368
As to City:
William B. Horne II
City Manager
City of Clearwater
Post Office Box 4748
Clearwater, FL 33758-4748
With a copy to:
Pamela K. Akin, Esquire
City Attorney
Post Office Box 4748
Clearwater, FL 33758-4748
Any party may change the address to which its notices are sent by giving the
other party written notice of any such change in the manner provided in this section,
but notice of change of address is effective only upon receipt.
19. Entire Contract. This contract and the exhibits referenced herein
embodies and constitutes the entire understanding among the parties with respect to
the transaction contemplated herein and all prior or contemporaneous agreements,
understanding, representations and statements, oral or written, are merged into this
contract. . Neither this contract nor any provisions hereof may be waived, modified,
amended, discharged or terminated except by an instrument in writing signed by the
party against which the enforcement of such waiver, modification, amendment,
discharge or termination is sought, and then only to the extent set forth in such
instrument. .~
20. Applicable Law. This contract is construed in accordance with the laws
of the State of Florida.
21. Headings. Descriptive headings' are for convenience only and shall not
control or affect the meaning or construction of any provision of this contract.
7
ed\Cle a rwalerMa I\'CilyOfC lea rwal e r\Exch a ngeAg reemenlV5Clean
22. Binding Effect. This contract shall be binding upon and shall inure to
the benefit of the parties hereto and their heirs, personal representatives and
successors by law.
23. Interpretation. Whenever the context hereof shall so require, the
singular shall include the plural, the male gender shall include the female gender and
neuter and vice versa. This contract and any related instruments shall not be
construed more strictly against one party than against the other by virtue of the fact
that initial drafts were made and prepared by counsel for one of the parties, it being
recognized that this contract and any related instruments are the product of extensive
negotiations between the parties and that both parties have contributed substantially
and materially to the final preparation of this contract and all related instruments.
24. Time is of the Essence. Time is of the essence of this contract. Should
any period of time specified herein end on a Saturday, Sunday or legal holiday
(recognized in Clearwater, Florida), the period of time shall automatically be extended
to 5:00 p.m. on the next full business day.
25. Other Agreements. No prior or present agreements or representations
shall be binding upon either party unless included in this contract. No modification or
change in this contract shall be valid or binding upon the parties unless in writing and
executed by the party or parties to be bound thereby.
26. No Partnership. Nothing in this contract shall be construed to constitute
the creation of a partnership or joint venture between the parties.
27. Counterparts. This Agreement may be executed in several
counterparts, each constituting a duplicate original, but all such counterparts
constituting one and the same Agreement.
Countersigned:
CITY:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne, II
City Manager
Approved as to form:
Attest:
IJ I, l
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
8
ed IC Ie a IW a I e rM a II\C ItyOfCJea r... a Ie rlE x ch a ngeA 9 reementV 5C lea n
OWNER:
CLEARWATER MALL, LLC
a Delaware limited liability company
By: , . /~.:::> ()<,,,,,l('
Title: G/<' J ()fa <; SpI,jk/
\
"
9
ed\ClearwalerMall\CityOfClea rwaler\ExchangeAg reemenlV5Clea n
Exhibit "A"
Leqal Description for Parcel 1
(To be replaced by an accurate metes and bounds legal description upon completion of the
survey required in Section 9 herein.)
TRACT I, A RESUB OF BASKIN'S REPLAT, AS RECORDED IN PLAT BOOK 24,
PAGE 42. PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA. LESS AND
EXCEPT THAT PART DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE NORTHEAST X OF THE
SOUTHWEST X OF SECTION 17, TOWNSHIP 29 SOUTH, RANGE 16 EAST, AND
RUN THENCE NORTH 89046'01" EAST, ALONG THE EAST-WEST CENTER LINE
OF SAID SECTION 17,415.0 FEET; THENCE SOUTH 0021'26" WEST, 50.00 FEET;
THENCE CONTINUE SOUTH 0021'26" WEST, 469.02 FEET FOR A POINT OF
BEGINNING; RUN THENCE NORTH 89046'14" EAST, 192.95 FEET; THENCE RUN
SOUTH 69041'36" WEST, 206.20 FEET; THENCE RUN NORTH 0021'26" EAST,
70.79 FEET TO THE POINT OF BEGINNING.
10
ed\C learwalerMa 1l\CityOfClearwater\ExchangeAgreeme nlV5Clean
Exhibit liB"
LeQal Description for Parcel 2
(To be replaced by an accurate metes and bounds legal description upon completion of
the survey required in Section 9 herein.)
PARCEL #15/29/15/65196/000/0030
PARCEL #15/29/15/65196/000/0032
PARCEL #15/29/15/65196/000/0033
PARCEL #15/29/15/65196/000/0060
PARCEL #15/29/15/65196/000/0061
PARCEL #15/29/15/65196/000/0062
PARCEL #15/29/15/65214/002/0180
11
ed\ClearwalerMall\CilyOIClearwaler\ExchangeAg reemenlV5Clean
Exhibit lie"
LeQal Description for Parcel 3
(To be replaced by an accurate metes and bounds legal description upon completion of
the survey required in Section 9 herein.)
PARCEL #15/29/15/65196/000/0034
PARCEL #15/29/15/65196/000/0063
I
"
.
12
&d\ClearwalerMaIl\CityOfClearwaler\ExchangeAgreemenIV5Clea n
Owens, Reginald W.
To:
Cc:
Subject:
Goudeau, Cyndie
Harriger, Sandy; Barrett, Earl; Phillips, Sue; Akin, Pam
FW: Fire station
,-:ynd i.:;
!~ too;: it little rcs0arch, t;ut :h0 ~]r~gr~p~ b(]l.(,~ :;~ltliI1CS ::1~ ori.qina:
'~:~:char~.'.Jt-~ and villuat:~Jn p:.:oc~ss '.:n :'n~ firt~ stati..J:. - I clJt1 :na:~l.:1(j
duplj':a::'; colJ!' maps '.'Il,i'_:h ',:ilL be :':1 you:" :lands:.:)' 100111
Bas i '_>~ l..!. '/ the re l,'t't:..~ rc t '.'/0 <If;pr a 1.:.3<.1 L ..~ I hot'lI::~:I"::~' they :'.'ere not concur ran:.: 1 y
done,
-----Orj~in~l ~0ssage-----
rl-n:r.: :.llplsc@i.1ol.com [mailto:Lupls;::;ilol.cor7',}
S'?nt: :'h1lrsd;-IY, J\lly 17, 7.003 8:27 ;,:-1
To: r0\':'.:n~;@c lea n-Ia te r- f] . \.:u:n
Subj er.;r:: Fi rest.a t ion
Fire Station #49 was acquired by the City in the early 1970s. In
Februa ry
2002 Ul'~ City Commission approved a negotiated e:.:c::'01nge wi.th the
adj acen::
Clcarwa[er Mall ownership reduced the original sire size by
approximQtely 1.271
acres to 2.ll~ ilCh::;:,. 'this e:.:chang.::; site \-Ias comp::-:.sed of a strip
located alonq
the site's southern and \"estern boundiJri,~:; (;.hm"n ~:1 yello',,,). This land
h'as
reportedly required to r-ealiCJn the St. Pete::-sbur-gh ;'l<1te1' i\uthority
pipeEn.::;
easem0nt throught he mall site.
The City n'?CJotiated <l trade of this irregularily shaped parcel that no
"utility ot use" for a usable parcel of eq\.lal size ;"hich fronted the
eastern side of
S~y Haror (g~-een). The original Cicy site 'das val\.:ed in August 2001 at
$9.50
a square foot, and the mall site at $1.0,0 pet- squa::-e foot. i\t the time
of
the exchange the remaining fire Station site was estimated by James
[Vlillspaugh,
1'1;\1 to have a ViiI ue 0 f $ 918,00.
It is lhis remaining site (shown i~ Redl which is being requested [or an
exchange for the Clearwater Auto site, and in September 2002, Mr.
Millspaugh did a
new updated appraisal of the site and concluded it was now worth $1,2
million.
So in direct answer to Commissioner's Jonson's ques=ion, two appraisd1s
..Iere
done on ~he site, one in ^ug~st 200: ~nd one in Sepcember 2002, but the
City
did no~ ~o two concurrent scp~r~~0 appraisals.
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t==F=J:-.:=- -
ORDINANCE NO. 7124-03
i I
Second Reading
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 WEST SI DE OF SOULE ROAD,
APPROXIMATELY 1,000 FEET NORTH OF SUNSET POINT
ROAD, CONSISTING OF A PORTION OF METES & BOUNDS
21/00, ALL OF METES & BOUNDS 21/01, ALL OF METES &
BOUNDS 21/02, AND A PORTION OF METES & BOUNDS
21/03, SECTION 5, TOWNSHIP 29 SOUTH, RANGE 16 EAST,
WHOSE POST OFFICE ADDRESS IS 2701, 2720, 2751, AND
2770 REGENCY OAKS BOULEVARD, FROM RESIDENTIAL
URBAN TO INSTITUTIONAL; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF 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
See legal description attached hereto
(LUZ2003-03002)
Land Use Cateqorv
From: Residential Urban
To: Institutional
Section 2. The City Commission does hereby certify that this ordinance is consistent
with the City's comprehensive plan.
Section 3. This ordinance shall take effect immediately upon adoption, subject to the
approval of the land use designation by the Pinellas County Board of County Commissioners,
and subject to a determination by the State of Florida, as appropriate, of compliance with the
applicable requirements of the Local Government Comprehensive Planning and Land
Development Regulation Act, pursuant to 9 163.3189, Florida Statutes. The Community
Development Coordinator is authorized to transmit to the Pinellas County Planning Council an
application to amend the Countywide Plan in order to achieve consistency with the Future Land
Use Plan Element of the City's Comprehensive Plan as amended by this ordinance.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
June 19, 2003
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7124-03
Legal Description of LUZ2003-03002
Regency Oaks, LLC & Sylvan Health Properties, LLC.
The Northeast ~ of the Northwest ~ of Section 5, Township 29 South, Range 16 East, less and
except the following described parcels:
Commence at the Southeast corner of the Northeast Y-t of the Northwest ~ of said Section 5:
thence N 890 39' 17" W, along the South line of the Northeast Y-t of the Northwest Y-t of said
Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence continue N 89039' 17" W,
along said South line, for 270.32 feet; thence N 000 53' 02" W, along the West line of the
Northeast Y.t of the Northwest Y-t of said Section 5, for 270.50 feet; thence N 600 36' 58" E, for
463.00 feet; thence S 290 23' 02" E, for 290.00 feet; thence S 470 43' 33" W, for 366.56 feet to
the POINT OF BEGINNING, and less and except the right of way of Soule Road.
And,
Commence at the North ~ corner of said Section 5; thence S 000 22' 34" W, along the
North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of the
Northeast Y.t of the Northwest Y-t of said Section 5; thence N 890 39' 20" W, along the South line
of the Northeast ~ of the Northwest Y-t of said Section 5, for 1,216.65 feet to the POINT OF
BEGINNING; thence continue N 890 39' 20" W, along said South line, for 127.00 feet to the
Southwest corner of the Northeast ~ of the Northwest ~ of said Section 5; thence
N 000 48' 20" E, along the West line of the Northeast Y-t of the Northwest ~ of said Section 5,
for 868.87 feet; thence S 230 22' 44" E, for 75.15 feet; thence S 130 55' 32" W, for 123.81 feet;
thence S 010 08' 34" W, for 199.10 feet; thence S 250 10' 05" E, for 59.66 feet; thence
S 000 29' 48" E, for 60.38 feet; thence S 080 19' 12" E, for 126.79 feet; thence S 410 40' 50" E,
for 53.21 feet; thence S 490 10" 01" E, for 62.54 feet; thence S 02055' 24" W, for 161.08 feet to
the POINT OF BEGINNING.
Ordinance No. 7124-03
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FUTURE LAND USE PLAN MAP
Owners: Regency Oaks. LLC & Sylvan Health Properties. Case: LUZ2003-03002
LLC
Site: 2701. 2720. 2751 & 2770 Regency Oaks Blvd. Property 35.7
Size(Acres):
I
Land Use Zoning I OS/29/16/00000/210/0000
PIN: OS/29/16/00000/210/0100
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Ordinance No. 7124-03
I~
Second Reading
ORDINANCE NO. 7125-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE ZONING ATLAS OF THE CITY
BY REZONING CERTAIN PROPERTY LOCATED ON THE
WEST SIDE OF SOULE ROAD, APPROXIMATELY 1,000
FEET NORTH OF SUNSET POINT ROAD, CONSISTING OF
A PORTION OF METES & BOUNDS 21/00, ALL OF METES
& BOUNDS 21/01, ALL OF METES & BOUNDS 21/02, AND
A PORTION OF METES & BOUNDS 21/03, SECTION 5,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, WHOSE POST
OFFICE ADDRESS IS 2701, 2720, 2751, AND 2770
REGENCY OAKS BOULEVARD, FROM LOW MEDIUM
DENSITY RESIDENTIAL (LMDR) TO INSTITUTIONAL (I);
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the zoning atlas of the City as set forth in this
ordinance is found to be reasonable, proper and appropriate, and is consistent with the
City's Comprehensive Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. The following described property in Clearwater, Florida, is hereby
rezoned, and the zoning atlas of the City is amended as follows:
Property
Zoninq District
See legal description attached hereto
(LUZ2003-03002)
From: Low Medium Density Residential (LMDR)
To: Institutional (I)
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 7124-03 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 9163.3189, Florida Statutes
PASSED ON FIRST READING
June 19, 2003
Ordinance No. 7125-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
/ (' .
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leslie'oK. Dougall-Sides\
Assistant City Attorney';
Cynthia E. Goudeau
City Clerk
Ordinance No. 7125003
Leg<ll Description of LUZ2003-03002
Regency Oaks, LLC & Sylvan Health Properties, LLC.
The Northeast ~ of the Northwest ~ of Secticn 5, Township 29 South, Range 16 East,
less and except the following described parcels:
Commence at the Southeast corner of the Northeast % of the Northwest % of said
Section 5; thence N 890 39' 17" W, along the South line of the Northeast % of the
Northwest % of said Section 5, for 1,033.91 feet to the POINT OF BEGINNING; thence
continue N 890 39' 17" W, along said South line, for 270.32 feet; thence N 000 53' 02"
W, along the West line of the Northeast ~ of the Northwest % of said Section 5, for
270.50 feet; thence N 600 36' 58" E, for 463.00 feet; thence S 290 23' 02" E, for 290.00
feet; thence S 470 43' 33" W, for 366.56 feet to the POINT OF BEGINNING, and less
and except the right of way of Soule Road.
And,
Commence at the North % corner of said Section 5; thence S 000 22' 34" W, along the
North/South centerline of said Section 5, for 1,337.42 feet to the Southeast corner of
the Northeast % of the Northwest ~ of said Section 5; thence N 890 39' 20" W, along
the South line of the Northeast % of the Northwest ~ of said Section 5, for 1,216.65
feet to the POINT OF BEGINNING; thence continue N 890 39' 20" W, along said South
line, for 127.00 feet to the Southwest corner of the Northeast ~ of the Northwest % of
said Section 5; thence
N 000 48' 20" E, along the West line of the Northeast % of the Northwest % of said
Section 5, for 868.87 feet; thence S 230 22' 44" E, for 75.15 feet; thence S 130 55' 32"
W, for 123.81 feet; thence S 010 08' 34" W, for 199.10 feet; thence S 250 10' 05" E, for
59.66 feet; thence
S 000 29' 48" E, for 60.38 feet; thence S 080 19' 12" E, for 126.79 feet; thence S 41040'
50" E, for 53.21 feet; thence S 490 10" 01" E, for 62.54 feet; thence S 020 55' 24" W, for
161.08 feet to the POINT OF BEGINNING.
Ordinance No. 7125-03
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Case:
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Site:
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PIN:
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, OS/29/16/00000/210/0100
: OS/29/16/00000/210/0200
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Ordinance No. 7125-03
/3
ORDINANCE NO. 7126-03
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF SAN MATEO STREET, APPROXIMATELY 200
FEET EAST OF MCMULLEN BOOTH ROAD AND 1,500 FEET
NORTH OF DREW STREET, CONSISTING OF LOT 13, DEL
ORO GARDENS, WHOSE POST OFFICE ADDRESS IS 3119
SAN MATEO 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:
Lot 13, Del Oro Gardens, according to the map or plat thereof recorded in Plat
Book 45, page 74, Public Records of Pinellas County, Florida (ANX2003-02004)
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
June 19, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
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Leslie K, Dougal(-Sides j - ,,~
Assistant City Attorney "-"I
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7126-03
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Owner: Zivon Jovonov
Sil,:: 3119 Son Mofeo Street
Land Use
Zoning
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Onllnance No. 7126-03
14-
Second Reading
ORDINANCE NO. 7127-03
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 SAN MATEO STREET. APPROXIMATELY 200
FEET EAST OF MCMULLEN BOOTH ROAD AND 1,500 FEET
NORTH OF DREW STREET, CONSISTING OF LOT 13, DEL
ORO GARDENS, WHOSE POST OFFICE ADDRESS IS 3119
SAN MATEO STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS RESIDENTIAL URBAN; 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
Lot 13, Del Oro Gardens, according to the map or plat
thereof recorded in Plat Book 45, page 74, Public
Records of Pinellas County, Florida (ANX2003-02004)
Land Use CateQory
Residential Urban
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. 7126-03, 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 S 163.3189, Florida Statutes.
PASSED ON FIRST READING
June 19. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor -Comm iss ioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7127-03
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ORDINANCE NO. 7128-03
is
Second Reading
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 SAN MATEO STREET, APPROXIMATELY 200 FEET EAST
OF MCMULLEN BOOTH ROAD AND 1,500 FEET NORTH OF
DREW STREET, CONSISTING OF LOT 13, DEL ORO
GARDENS, WHOSE POST OFFICE ADDRESS IS 3119 SAN
MATEO STREET, UPON ANNEXATION INTO THE CITY OF
CLEARWATER, AS LOW MEDIUM DENSITY RESIDENTIAL
(LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 13, DelOra Gardens, according to the map
or plat thereof recorded in Plat Book 45, page 74,
Public Records of Pinellas County, Florida
(ANX2003-02004 )
Zoninq District
Low Medium Density Residential
(LMDR)
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. 7126-03.
PASSED ON FIRST READING
June 19. 2003
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. 7128-03
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Site: 3119 Son Mateo Street
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Ordinance No. 7128-03
/(P
Second Reading
ORDINANCE NO. 7129-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF BEVERLY CIRCLE, APPROXIMATELY 400
FEET NORTH OF LAKEVIEW ROAD AND 540 FEET EAST OF
KEENE ROAD, CONSISTING OF LOT 2, LAKE LELA MANOR
FIRST ADDITION, WHOSE POST OFFICE ADDRESS IS 1837
BEVERLY CIRCLE NORTH, 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 tt1e
City pursuant to Section 171.044, Florida Statutes, and the City has complied wIth all appl1cable
requirements of Florida law in connection with this ordinance; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 2, Lake Lela Manor First Addition, according to the plat thereof, as recorded in
Plat Book 38, Page 7, Public Records of Pinellas County, Florida (ANX2003-3005)
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 Pine lias 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
June 19, 2003
PASSED ON SECOND AND FINAL
READI NG AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest
. . (, ;' , .
/' Ai' l /(. \ ,-
..... t' ... ( I ,. ~ I. \: I. ,,' ( , ,-i
Leslie K, Dougall~Sides
ASSistant City Attorney
Cynthia E, Goudeau
City Clerk
Ordinance No, 7129-03
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PROPOSED ANNEXATION
Owner:
Jennifer and Thomas Lechner
Sitr::
1837 Beverly Circle
Land Use Zoning
FrGrfl:
RL
R3(County)
Tr)
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LOR
Exhibit "A"
Case:
Property
Size (Acresl:
F'IH:
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308.\
Ordinance :;0.7129-03
17
ORDINANCE NO. 7130-03
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE FUTURE LAND USE PLAN ELEMENT OF THE
COMPREHENSIVE PLAN OF THE CITY. TO DESIGNATE THE
LAND USE FOR CERTAIN REAL PROPERTY LOCATED ON THE
SOUTH SIDE OF BEVERLY CIRCLE. APPROXIMATELY 400
FEET NORTH OF LAKEVIEW ROAD AND 540 FEET EAST OF
KEENE ROAD, CONSISTING OF LOT 2, LAKE LELA MANOR
FIRST ADDITION. WHOSE POST OFFICE ADDRESS IS 1837
BEVERLY CIRCLE NORTH, UPON ANNEXATION INTO THE
CITY OF CLEARWATER, AS RESIDENTIAL LOW; PROVIDING
AN EFFECTIVE DATE,
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable. proper and appropriate.
and is consistent with the City's comprehensive plan; now. therefore.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 2, Lake Lela Manor First Addition, according to
the plat thereof, as recorded in Plat Book 38,
page 7, Public Records of Pinellas County, FL
(ANX2003-03005)
Land Use Cateqorv
Residential Low
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. 7129-03, 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
June 19, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to for~: .
\, , ,) ( " . / ,: {. /
, ..,' . I I . \ .
'f ," ..~ f : l... ':"", ,..... ~ ;" ~ '.' ,(( .
Leslie K. Dougall-SIdes '\
Assistant City Attorney ,
Attest
Cynthia E. Goudeau
City Clerk
Ordinance No. 7130-03
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FUTURE LAND USE PLAN MAP
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Jennifer and 1I10111as Lechner Case: I ANX2003-0300S
Owner: I
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Silo; 1837 Beverly Circle Properly I 0.31
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FrOlTt: RL R3(Counly)
---"'-~---------------
10: RL l.DR 1\1105 Page: 3081\
Ordinance No. 7130-03
1'6
Second Reading
ORDINANCE NO. 7131~03
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 BEVERLY CIRCLE. APPROXIMATELY 400 FEET NORTH OF
LAKEVIEW ROAD AND 540 FEET EAST OF KEENE ROAD,
CONSISTING OF LOT 2, LAKE LELA MANOR FIRST ADDITION,
WHOSE POST OFFICE ADDRESS IS 1837 BEVERLY CIRCLE
NORTH. 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 COl/nty, Florida, is hereby
zoned as indicated upon annexation into the City of Cleaf\Nater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 2, Lake Lela Manor First Addition, according to
the plat thereof, as recorded in Plat Book 38,
page 7, Public Records of Pinellas County, FL
(ANX2003-03005)
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, 7129-03.
PASSED ON FIRST READING
June 19. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
" '
. ,
. ( .')/
J ','
" . I ., " ~:' r" .:
Leslie K. Dougall-Sides'
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7131-03
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ZONING MAP
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Owner: Jennifer and Thom05 Lechner Cose: I A N X 2003-03005
---- -------- _-___L,.,___,_________
1837 Beverly Circle Properly I 0.31
Sit":: I
Sizc(Acres): I
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Lcmd Use Zoning I I
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Ord.lnanc~ ~o. 7131-03
, cl
ORDINANCE NO. 7132-03
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF CALAMONDIN LANE, APPROXIMATELY 330
FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 35,
BLOCK 4, VIRGINIA GROVES ESTATES FIRST ADDITION,
TOGETHER WITH THE ABUTTING RIGHT-OF-WAY, WHOSE
POST OFFICE ADDRESS IS 1517 CALAMONDIN LANE, INTO
THE CORPORATE LIMITS OF THE CITY, AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171.044, Florida Statutes, and the City has complied with all applicable
requirements of Florida law in connection with this ordinance: now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following-described property is hereby annexed into the City of Clearwater
and the boundary lines of the City are redefined accordingly:
Lot 35, Block 4, Virginia Groves Estates First Addition, according to the plat
thereof, as recorded in Plat Book 47, Pages 41-43, Public Records of Pinellas
County, Florida, together with the abutting right-of-way. (ANX2003-03006)
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
June 19. 2003
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. 7132-03
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PROPOSED ANNEXATION
Own(;rs: Roy E. and Melanie J. Lee
CClse:
I
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! 0.21 Properly
0.002 R.O.W,
Sit'::: 1517 CalamoncJin Lone
Land Use
r r(it r I :
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fr
f,;l
ANX2003-03006
Property
Size(t\cres):
Zoning
pir'J:
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Ord j nance ~o, 713:~-03
ITEM # .0
Second Reading
aD
ORDINANCE NO. 7133-03
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 CALAMONDIN LANE, APPROXIMATELY 330
FEET SOUTH OF STATE ROAD 590, CONSISTING OF LOT 35,
BLOCK 4, VIRGINIA GROVES ESTATES FIRST ADDITION,
TOGETHER WITH THE ABUTIING RIGHT-OF-WAY WHOSE
POST OFFICE ADDRESS IS 1517 CALAMONDIN LANE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan: now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 35, Block 4, Virginia Groves Estates First Addition,
according to the plat thereof, as recorded in Plat Book
47, Pages 41-43, Public Records of Pinellas County,
Florida, together with the abutting right-of-way
(ANX2003-03006 )
Land Use Cateqory
Residential Low
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. 7132-03, 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 S 163.3189, Florida Statutes.
PASSED ON FIRST READING
June 19. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7133-03
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FUTURE LAND USE PLAN MAP
OwnrHS: Ray E. and Melanie J. Lee Case: I ANX2003-03006
--_._"~- !
Sifr::: 151 7 Calomonclin Lane Properly I 0.21 Properly
Size(Acres): I 0.002 R,O.W.
-- ----~- .~._-----~ -----..--..
i
Land Use Zoninfl I
----- - - ------------- ._-~--- PIN: I 08/29/16/94302/004/0350
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:
Ordinance ~o. 7133-03
~\
ORDINANCE NO. 7134-03
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
CALAMONDIN LANE, APPROXIMATELY 330 FEET SOUTH OF
STATE ROAD 590, CONSISTING OF LOT 35, BLOCK 4,
VIRGINIA GROVES ESTATES FIRST ADDITION, TOGETHER
WITH THE ABUTTING RIGHT-OF-WAY, WHOSE POST OFFICE
ADDRESS IS 1517 CALAMONDIN LANE, UPON ANNEXATION
INTO THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 35, Block 4, Virginia Groves Estates First
Addition, according to the plat thereof, as
recorded in Plat Book 47, Pages 41-43, Public
Records of Pinellas County, Florida, together
with the abutting right -of-way.
(ANX2003-03006 )
Zoninq District
Low Medium Density Residential
(LMDR)
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. 7132-03.
PASSED ON FIRST READING
June 19, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Leslie K. Dougall-Si e
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7134-03
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ZONING MAP
Ownr::rs: Ray E. and Melanie J. Lee
I Case: ! ANX2003-03006
I I
I Property I 0.21 Property
Size(Acres) : ! 0.002 R.O.W.
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I PIN: I 08/20/16/94302/004/0350
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Silo: 1517 Colamondin Lane
Land Use
Zoning
Fr(jr n
RL
R3(Counly)
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nrclinance ~". 7134-0]
Second Reading
:13
ORDINANCE NO. 7135-03
AN ORDINANCE OF THE CITY OF CLEARWATER. FLORIDA.
ANNEXING CERTAIN REAL PROPERTY LOCATED ON THE
EAST SIDE OF GROVE DRIVE. APPROXIMATELY 150 FEET
NORTH OF STATE ROAD 590. CONSISTING OF LOT 28.
BLOCK 2, VIRGINIA GROVE TERRACE FIRST ADDITION.
WHOSE POST OFFICE ADDRESS IS 1709 GROVE DRIVE, INTO
THE CORPORATE LIMITS OF THE CITY. AND REDEFINING
THE BOUNDARY LINES OF THE CITY TO INCLUDE SAID
ADDITION; PROVIDING AN EFFECTIVE DATE,
WHEREAS, the owner of the real property described herein and depicted on the map
attached hereto as Exhibit A has petitioned the City of 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:
Lot 28, Block 2, Virginia Grove Terrace First Addition as recorded in Plat Book 37,
Page 62, Public Records of Pinellas County, Florida (ANX2003-03007)
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
June 19, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
1./ . Ji ~~
Y Ui'''u J<: U~ ~ / .
Leslie K. Dougall:SideO
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Cler.-<
Ordinance No. 7135-03
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PROPOSED ANNEXATION
Owner: William Garced
Sile: 1 709 Grove Drive
---~
Land Use Zoning
_.--
from: RL R3(Counly)
To: RL LMDR
Case:
ANX2003-03007
Properly
SizelAcres):
0.18
PIN:
OS/29/16/94338/002/0280
Alias Page:
264^
Exhibit "A"
Ordinance No. 7135-03
ORDINANCE NO. 7136-03
Second Reading
J.3
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 GROVE DRIVE, APPROXIMATELY 150 FEET
NORTH OF STATE ROAD 590, CONSISTING OF LOT 28, BLOCK
2, VIRGINIA GROVE TERRACE FIRST ADDITION, WHOSE
POST OFFICE ADDRESS IS 1709 GROVE DRIVE, UPON
ANNEXATION INTO THE CITY OF CLEARWATER, AS
RESIDENTIAL LOW; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the amendment to the future land use plan element of the comprehensive
plan of the City as set forth in this ordinance is found to be reasonable, proper and appropriate,
and is consistent with the City's comprehensive plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The future land use plan element of the comprehensive plan of the City of
Clearwater is amended by designating the land use category for the hereinafter described
property, upon annexation into the City of Clearwater, as follows:
Property
Lot 28, Block 2, Virginia Grove Terrace First Addition
as recorded in Plat Book 37, Page 62, Public Records
of Pinellas County, Florida (ANX2003-03007)
Land Use Cateqorv
Residential Low
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. 7135-03, 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
June 19, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7136-03
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FUTURE LAND USE PLAN MAP
Owner: William Garced Case: ANX2003-03007
Site: 1 709 Grove Drive Property 0.18
Size(Acres):
Land Use Zoning
PIN: OS/29/16/94338/002/0280
R3(County) i
From : RL I
I
To: RL LMDR Alios Page: I 264A
i
Ordinance No. 7136-03
ORDINANCE NO. 7137-03
Second Reading
~~
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE ZONING ATLAS OF THE CITY BY ZONING
CERTAIN REAL PROPERTY LOCATED ON THE EAST SIDE OF
GROVE DRIVE, APPROXIMATELY 150 FEET NORTH OF STATE
ROAD 590. CONSISTING OF LOT 28, BLOCK 2, VIRGINIA
GROVE TERRACE FIRST ADDITION, WHOSE POST OFFICE
ADDRESS IS 1709 GROVE DRIVE, UPON ANNEXATION INTO
THE CITY OF CLEARWATER, AS LOW MEDIUM DENSITY
RESIDENTIAL (LMDR); PROVIDING AN EFFECTIVE DATE.
WHEREAS, the assignment of a zoning district classification as set forth in this ordinance
is found to be reasonable, proper and appropriate, and is consistent with the City's comprehensive
plan: now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. The following described property located in Pinellas County, Florida, is hereby
zoned as indicated upon annexation into the City of Clearwater, and the zoning atlas of the City is
amended, as follows:
Property
Lot 28, Block 2, Virginia Grove Terrace First
Addition as recorded in Plat Book 37, Page 62,
Public Records of Pinellas County, Florida
(ANX2003-03007)
Zoninq District
Low'Medium Density Residential
(LMDR)
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. 7135-03.
PASSED ON FIRST READING
June 19. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
V
Attest:
Cynthia E. Goudeau
City Clerk
Ordinance No. 7137-03
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ZONING MAP
Owner: William Gorced Case: AN X2003-03007
Site: 1 709 Grove Drive Property 0.18
Size/Acres):
Land Use Zoning
.---- PIN: OS/29/16/94338/002/0280
From: RL R3/County)
To: RL LMDR Alios Page: 264A
Ordinance No. 7137-03
d5
ORDINANCE NO. 7149-03
Second Reading
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING THE OPERATING BUDGET FOR THE FISCAL
YEAR ENDING SEPTEMBER 30, 2003 TO REFLECT
INCREASES AND DECREA~ES IN REVENUES AND
EXPENDITURES FOR THE GENERAL FUND, SPECIAL
DEVELOPMENT FUND, SPECIAL PROGRAM FUND, GAS
FUND, SOLID WASTE FUND, RECYCLING FUND,
HARBORVIEW CENTER FUND, ADMINISTRATIVE SERVICES
FUND, GENERAL SERVICES FUND AND GARAGE FUND, AS
PROVIDED HEREIN; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the budget for the fiscal year ending September 30, 2003, for operating
purposes, including debt service, was adopted by Ordinance No. 7012-02; and
WHEREAS, at the Mid-Year Review it was found that increases and decreases are
necessary in the total amount of $3,815,071 for revenues and $2,531,394 for expenditures;
and
WHEREAS, a summary of the amended revenues and expenditures is attached
hereto and marked Exhibit A; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City Commission to
provide for the expenditure of money for proper purposes not contained in the budget as
originally adopted due to unforeseen circumstances or emergencies arising during the fiscal
year; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 1 of Ordinance No. 7012-02 is amended to read:
Pursuant to the Amended City Manager's Annual Report and Estimate for the
fiscal year beginning October 1, 2002 and ending September 30, 2003 a copy
of which is on file with the City Clerk, the City Commission hereby adopts an
amended budget for the operation of the City, a copy of which is attached
hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 19, 2003
PASSED ON SECOND AND FINAL
READI NG AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
(, , i jil.
v ._....
Pa ela K. Akin, City Attorney
Attest:
Cynthia E. Goudeau, City Clerk
EXHIBIT A
2002-03 BUDGET REVENUE
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
2002/03 2002/03 2002/03 Amendments
General Fund:
Property Taxes 31.385.360 31.385.360 31.385.360
Sales Tax 13.973.940 13,973.940 13,973,940
Franchise Fees 6.891.660 6,891,660 6,891,660
Utility Taxes 9.958.970 9,958.970 9,958,970
Licenses & Permits 3.282.610 3,282.610 3,282,610
Fines, Forfeitures or
Penalties 1.504,130 1,504.130 1,504,130
Intergovernmental Revenue 9.792.280 9,814.280 9,827,340 13,060
Charges for Services 2,502.810 2.502,810 2,389,000 -113.810
Use and Sale of City Property
and Money 1.228.800 1,228,800 1,228,800
Miscellaneous Revenues 139,460 139,460 139,460
Interfund Transfer 11.968,670 12,239,070 12,239.070
Transfer from Surplus 607,900 2,008,360 2,008,360
Total. General Fund 93.236,590 94,929,450 94,828,700 .100,750
Special Revenue Funds:
Special Development 16,293,230 17,377,114 18,878,981 1.501,867
Special Program Fund 1.945.720 2.832,587 3,685,241 852,654
Local Housing Asst Trust Fund 889.505 889,505 889.505
Utility & Other Enterprise Funds:
Water & Sewer Fund 46,228.000 46.228,000 46,228.000
Stormwater Utility Fund 9.538.080 9.568,390 9,568.390
Solid Waste Fund 16.175.100 16.204,100 16.259,100 55.000
Gas Fund 29.274.990 29.589,230 31,330,890 1,741.660
Recycling Fund 2.356,000 2,412,300 2,434,300 22,000
Marine and Aviation Fund 3,201,400 3.209,930 3,209.930
Parking Fund 4.351.920 4,330.560 4,330,560
Harborvlew Center Fund 2,276,280 2.726.280 2.327.660 -398,620
Internal Service Funds:
Administrative Services Fund 8,332,980 8,332.980 8,380,480 47,500
General Services Fund 3,264,090 3.240,590 3,256.530 15,940
Garage Fund 8,957,230 8.957.230 9,035.050 77 .820
Central Insurance Fund 15.779,190 16.340.510 16,340,510
Total, All Funds 262,100,305 267,168,756 270,983,827 3,815,071
Ordinance #7149-03
EXHIBIT A (Continued)
2002-03 BUDGET EXPENDITURES
First
Quarter Mid Year
Original Amended Amended
Budget Budget Budget
2002103 2002/03 2002103 Amendments
General Fund:
City Commission 266,850 266,850 266,850
City Manager's Office 798,720 807,140 807,140
City Attorney's Office 1,354,850 1,361,790 1,361,790
City Audit 128,790 128,790 128,790
Development & Neighborhood Svcs 3,127,450 3,230,860 3,230,860
Economic Development & Housing SVI 1,537,180 1,617,960 1,617,960
Equity Services 482,650 485,580 485,580
Finance 1,942,630 1,955,300 1,940,300 -15,000
Fire 16.212,950 16,231,790 16,231,790
Human Resources 1.212,310 1,216,540 1,216,540
Library 4,687,640 4,715,150 4,775,150 60,000
Marine & Aviation 501,280 452,030 407,030 -45,000
Non-Departmental 4,010,430 5,212,610 5,212,610
Office of Management & Budget 284,970 284,970 284,970
Official Records & legislative Svcs 1.207,340 1,213,820 1,213,820
Parks & Recreation 15,778,130 15,898,370 15,797,620 -100,750
Planning 1,158,920 1,165,920 1,165,920
Police 28,929,080 29,001,350 29,001,350
Public Communications 905,120 907,840 907,840
Public Works Administration 8,709,300 8,774,790 8,774,790
Total, General Fund 93,236,590 94,929,450 94,828,700 -100,750
Special Revenue Funds:
Special Development Fund 15,077,040 15,077,040 15,083,240 6,200
Special Program Fund 1,845,720 2,732,587 3,585,241 852,654
local Housing Asst Trust Fund 889,505 889,505 889,505
Utility & Other Enterprise Funds:
Water & Sewer Fund 44,452,990 44,452,990 44,452,990
Stormwater Utility Fund 9,538,080 9,568,390 9,568,390
Solid Waste Fund 15,724,910 15,755,400 15,859,680 104,280
Gas Fund 28,393,600 28,585,710 30,487,620 1,901,910
Recycling Fund 2,344,840 2,403,040 2,427,500 24,460
Marine and Aviation Fund 3,181,860 3,189,650 3,189,650
Parking Fund 3,363,700 3,325,370 3,325,370
Harborview Center Fund 2.276,280 2,276,280 1,877 ,660 -398,620
Internal Service Funds:
Administrative Services Fund 8,332,980 8,332,980 8,380,480 47,500
General Services Fund 3.239,680 3,216,180 3,232.120 15,940
Garage Fund 8,957,230 8,957,230 9,035,050 77,820
Central Insurance Fund 14,076,920 14,576,920 14,576,920 0
Total, All Funds 254,931,925 258,268.722 260,800.116 2,531.394
Ordinance #7149-03
a(p
Second Reading
ORDINANCE NO. 7150-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, AMENDING THE CAPITAL IMPROVEMENT
BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER
30, 2003, TO REFLECT A NET DECREASE OF $4,393,862
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Capital Improvement Budget for the fiscal year ending
September 30, 2003 was adopted by Ordinance No. 7013-02; and
WHEREAS, Section 2.519 of the Clearwater Code authorizes the City
Commission to provide for the expenditure of money for proper purposes not contained in
the budget as originally adopted due to unforeseen circumstances or emergencies arising
during the fiscal year; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA;
Section 1. Section 1 of Ordinance No. 7013-02 is amended to read:
Pursuant to the Mid-Year Amended Capital Improvement Program
Report and Estimated Budget for the fiscal year beginning October 1,
2002 and ending September 30,2003, a copy of which is on file with the
City Clerk, the City Commission hereby adopts a Mid-Year Amended
budget for the capital improvement fund for the City of Clearwater, a copy
of which is attached hereto as Exhibit A.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
June 19 , 2003
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
ll1u~
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance #7150-03
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2002/03 2002/03 2002/03 Amendments
Police Protection 500,000 500,000 500,000
Fire Protection 1,929,200 1,926,173 1,926,173
New Street Construction 0 0 350,000 350,000
Major Street Maintenance 3,782,350 3,996,454 4,036,454 40,000
Sidewalks and Bike Trails 3,006,560 3,006,560 3,006,560
Intersections 385,000 385,000 400,095 15,095
Parking 400,000 400,000 400,000
Miscellaneous Engineering 103,200 708,164 1,018,164 310,000
Leisure 0 -425 -425
Park Development 4,572,500 4,768,702 4,751,835 -16,867
Marine/Aviation Facilities 340,000 339,419 326,135 -13,284
Libraries 642,500 677,463 756,336 78,873
Garage 3,111,500 3,111,500 3,111,500
Maintenance of Buildings 851,000 846,683 851,381 4,698
Miscellaneous 1,255,000 1,214,911 1,229,761 14,850
Stormwater Utility 18,699,000 18,711,659 17,235,025 -1,476,634
Gas System 2,845,000 2.845,000 2,845,000
Solid Waste 500,000 602,961 602,961
Utilities Miscellaneous 227,000 227,000 227,000
Sewer System 14,238,000 15,255,213 11,554,620 -3,700,593
Water System 10,175,900 9,170,724 9,170,724
Recycling 230,000 563,456 563,456
TOTAL 67,793,710 69,256,617 64,862,755 -4,393,862
Ordinance # 7150-03
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2002/03 2002/03 2002/03 Amendments
GENERAL SOURCES:
General Operating Revenue 1,939,780 2,794,884 2,854,884 60,000
General Revenue/County Co-op 166,420 166,420 166,420
Special Development Fund 85,000 85,000 85,000
Community Redevelopment Agency 0 214,905 214.905
Road Millage 2,002,350 2,002,350 2,002,350
Recreation Open Space Impact Fee 0 -50,760 -50,760
Recreation land Impact Fee 0 -400,425 -400,425
Transportation Impact Fees 290,000 290,000 290,000
Penny for Pinellas 4,775,000 4,289,451 2,787,583 -1,501,867
Penny for Pinellas Bond 0 -368,769 -368,769
Development Impact Fees 75,000 75,000 75,000
local Option Gas Tax 800,000 800,000 800,000
Grants - Other Agencies 4,656,560 6,642,783 7,236.094 593,311
Property Owner's Share 0 0 19,406 19,406
Developer's Share 0 0 128,500 128,500
Donations 0 -782.000 -782,000
Interest 0 132,181 151,054 18,873
SELF SUPPORTING FUNDS:
Marine/Aviation Revenue 225,000 225,000 225,000
Parking Revenue 400,000 400,000 400.000
Harborvlew Center Revenue 60,000 75,000 40.000 -35,000
Water Revenue 141,250 141,250 141,250
Reclaimed Water Revenue 2,000 2,000 2,000
Sewer Revenue 329,750 329,750 329,750
Water Impact Fees 220,000 220,000 220,000
Water R & R 1.719,000 1,719,000 1.719.000
Sewer Impact Fees 200,000 200,000 200,000
Sewer R&R 605,000 605,000 605.000
Gas Revenue 2,857,000 2,857,000 2,861,698 4,698
Solid Waste Revenue 500,000 500,000 500,000
Recycling Revenue 230,000 230,000 230,000
Stormwater Utility 2,611,000 2,596,626 2,600,586 3,960
Grants 403,900 288,797 288.797
INTERNAL SERVICE FUNDS:
Garage Fund 74,000 80,000 80,000
Admin Services Fund 225.000 225,000 225,000
General Services Fund 250,000 250,000 250,000
Centrallnsuranco Fund 0 -25,626 -25,626
Ordinance # 7150-03
EXHIBIT A
CAPITAL IMPROVEMENT PROGRAM FOR FISCAL YEAR 2002/03
First Qtr Mid Year
Original Amended Amended
Budget Budget Budget
2002/03 2002/03 2002/03 Amendments
BORROWING - GENERAL SOURCES:
Lease Purchase 711,200 722,734 737,584 14,850
Internal Loan 900.000 900,000 900,000
0 0 0
SELF.SUPPORTING FUNDS:
Lease Purchase. Sewer 188.000 188,000 82,626 -105.374
Lease Purchase. Water 158,000 148,223 148,223
Lease Purchase. Stormwater Utility 200,000 184,653 184,653
Lease Purchase. Solid Waste 0 102,961 102,961
Lease Purchase. Recycling 0 333,456 333,456
Bond Issue - Stormwater Utility 15,955,000 16,117,044 16,117,044
Bond Issue - Water & Sewer 20.667,000 20,684,213 17,088,994 -3.595,219
INTERNAL SERVICE FUNDS:
Lease Purchase. Garage 3,111,500 3,111,500 3,111,500
Lease Purchase. Administrative Svcs 60.000 -41,665 -41,665
Lease Purchase - General Services 0 -4,317 -4,317
TOT AL ALL FUNDING SOURCES: 67,793,710 69,256,617 64,862,755 -4,393,862
Ordinance # 7150.03
a,
Second Reading
ORDINANCE NO. 7151-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 33, SECTION 33.067 (3), CODE OF
ORDINANCES, RELATING TO WATERWAYS AND VESSELS,
TO CHANGE A DEFINED AREA FOR SPEED RESTRICTIONS
OF VESSELS; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Section 33.067 is amended to read:
Sec. 33.067. Same - Areas defined.
(3) Slow down-minimum wake zone, Clearwater Marina Channel.
All waters of the Clearwater Marina Channel from a point marked by Marina Channel
light no. 10 north to the shore of Memorial Causeway, then followinQ the mean low
water mark (MLW) north-northwest to the point of the idle speed no wake zone at
latitude 27 deQrees 58 minutes 33.7 seconds north, longitude 82 deQrees 49 minutes
17.8 seconds west, then continuinQ south alonQ the idle speed zone to the point of the
eastern tip of the Devon Drive, at approximate latitude 27 deQrees 58 minutes 25
seconds north, 10nQitude 82 deQrees 49 minutes 22 seconds west, then southeast to
Marina Channel day beacon no. 9 and back to point of beQinninQ to-a-point-marked-by
Mafina-GhaRnel-Gay-beaGOFHl~ are designated as slow down-minimum wake zone.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 19. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
~-.-) ~ ' -;-..) II
I " If ) I II
.,'. ..f I
. \/ /... .~! /. /--_.1. 11--...'
Brya.!yD. Ruff" \,/ /
ASSistant City Attorney. ,
Cynthia E. Goudeau
City Clerk
Ordinance No. 7151-03
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Second Reading
ORDINANCE NO. 7152-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO PURCHASING; AMENDING SECTIONS 2.561
AND 2.564 ADJUSTING THE PURCHASING APPROVAL
AUTHORITY FOR THE CITY MANAGER; PROVIDING AND
EFFECTIVE DATE.
WHEREAS, purchasing thresholds have accelerated among the
governments similar to the City of Clearwater, Florida; and
WHEREAS, the City of Clearwater, Florida wishes to remain competitive
in the marketplace for the purchase of goods and services required for City
operations; and
WHEREAS, the City of Clearwater, Florida wishes to remain prudent and
efficient with the expenditure of its public funds; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA;
Section 1. That Sections 2.561, and 2.564 of the Code of Ordinances,
City of Clearwater, Florida, is hereby amended to read as follows:
Section. 2.561. Purchases over $50,000
Except as otherwise provided in this division, the purchase of commodities or
services of an estimated value over $50,000 shall be by purchase order and/or
other written contract with the vendor submitting the lowest responsible bid
whose bid has been solicited, received and approved, pursuant to the following
procedures:
1) Notice inviting bids. Notices inviting bids shall be published at least one time
in a newspaper of general circulation within the city and shall include a
general description of the commodities or services to be purchased, a
statement of where bid documents may be obtained, and the date, time, and
place of the public opening of bids. The publication shall be not less than 10
calendar days before the bid opening date. Sealed bids shall also be solicited
from responsible prospective vendors including those on the registered
vendor's list.
(2) Security (bid bonds). When the estimated cost of a public works contract is
$150,000 or higher, or when otherwise deemed necessary by the city
manager, security in the form of a bid bond issued by a surety company
licensed to do business in Florida or a cash bond in an amount equal to ten
percent of the bid shall be prescribed in the public notices inviting bids. A
vendor shall forfeit a bid security upon a refusal or failure to execute the
Ordinance No. 715~.OJ
contract within ten days after the notice of award of contract has been mailed,
unless the city is solely responsible for the delay in executing the contract.
The city commission may, upon the refusal or failure of the successful vendor
to execute the contract, award the contract to the next lowest vendor. In such
event, the amount of the lowest vendor's bid security shall be applied by the
city to the contract price differential between the lowest bid and the second
lowest bid, and the surplus, if any, shall be returned to the lowest bidder.
(3) Bid opening procedures. Sealed written bids shall be returned to the city and
identified as bids on the envelope, together with other information as may be
specified in the invitation to bid. Bids shall be opened in public on the date
and at the time and place stated in the public notices. A tabulation of all bids
received shall be made available to the public.
(4) Rejection of bids. The city manager may:
(a) Reject all bids; or
(b) Reject all bids and re-advertise for bids, pursuant to the procedure
prescribed in this section.
(c) Reject all bids and direct that the project or service in question be
performed by city forces upon determining that the project or service can
be timely performed for an amount less than each of the bids submitted.
(5) Award of contracts. Contracts exceeding $100,000 $SMOG shall be
awarded by the city commission to the lowest responsible vendor. Contracts
of .$100.000 $50,000 or less shall be awarded by the city manager, assistant
city manager and may be further delegated to the purchasing manager.
(6) Performance and payment bonds. A performance bond and a payment bond,
or a "contract bond" combining the elements of a performance and a payment
bond, issued by a surety company licensed to do business in Florida, may be
required before entering into a contract, in an amount at least equal to the
contract price or such higher amount as may be found reasonably necessary
to protect the best interests of the city. If such bond is required, the form and
amount of the bond shall be described in the notice inviting bids.
(7) Change orders. Any change in the contract price, scope of work or time for
completion of any project following the award of a contract shall be by a
written change order, approved by the city commission and executed with the
same formalities as the contract. However, the city manager may approve
and execute change orders without city commission approval subject to the
following limitations:
(a)
Contract price increases,;, may be approved to a total award of
$100,000 $aG,GOO for any contract with the same approval authority
as (5) above. The city manager may approve any increase of contract
up to a maximum of 10% over the most recent award of the city
,
Ordinance No. 7152-03
commiSSion. The scope of any project may not be changed without
prior approval of the city commission. No contract price increase shall
be approved unless there are sufficient funds available for such
purpose.
(b) Contract price decreases may be approved without limitation.
(c) The time for completion may not be extended by more than 60 days, in
anyone change or cumulatively for the same project, beyond the most
recent commission-approved contract completion time.
(d) No change order shall change the scope of the work unless approved
by the city commission.
(e) City manager approved contracts may not exceed 10% cumulatively,
inclusive of all change orders.
Section 2.564. Exceptions to bid procedures.
(1) The bidding requirements set forth in this subdivision may be waived
when one of the following conditions exists:
(a) A department director certifies via electronic coordination of the purchase
requisition describing to the purchasing agent that an emergency exists in
regard to the purchase of any commodity or service and that the delay
incident to giving opportunity for competitive bidding would be detrimental to
the interest of the city. The responsible department director shall provide a
detailed summary outlining the facts demonstrating the existence of an
emergency. Upon determining that an emergency exists the purchasing agent
may authorize the purchase. Emergency purchases that exceed the
purchasing agent's authority must be approved by the city commission at the
earliest regular or special public meeting thereafter.
(b) Commodities or services are available only from a sole source, after
determination by the purchasing agent upon review of written summary of
facts from the department director requesting the purchase.
(c) The amount of the purchase is $2500 or less.
(d) It is to the advantage of the city to purchase commodities or services in
cooperation with another governmental entity in Florida or to purchase
commodities or services from contracts previously awarded by other
governmental entities as recommended by the department director or
designee.
3
Ordinance No. 7152-03
(8) The purchasing agent determines that the nature of the commodity or service
is such that competitive bidding is impossible, impractical, or cannot be
obtained as recommended by the requesting department director.
(f) Professional services subject to the Florida Consultants Competitive
Negotiations Act.
(g) Services rendered by health services including mental health; legal services
including paralegal, expert witness, appraisal or mediator services~ auditors;
academic and lecturers; or services provided by persons with mental or
physical disabilities under not-for-profit corporations.
(h) Commodities or services purchased by the city or its representatives wilen
necessary to the prosecution or defense of any claim or lawsuit in which the
city is a party or in which it is anticipated by the city attorney, the risk
manager, or the third party administrator of the city's self-insurance program
that the city will become a party.
(i) Commodities or services purchased by the city or its representatives when
necessary to comply with Chapter 440, Florida Statutes (Florida Worker's
Compensation Law), or when necessary to the defense of any worker's
compensation claim asserted against the city.
(j) Contracts of insurance.
(k) Purchase of construction materials included in the scope of an awarded
construction contract in order to realize sales tax savings, in accordance with
Section 212.08(6), F.S.
(I) Purchasing bid/quotation requirements may be suspended for a period (to be
determined by the emergency condition) upon declaration of emergency by
the city manager. Awards of contract may be delegated in writing to any
designee in the amount not to exceed 51 00,000 ~Gg.
(2) Purchases over 5100,000 SSG,GGG made pursuant to this section shall be
submitted to the city commission for approval.
.1
Ordinance No. 7152-03
.
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
June 19, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
"/J 'j) 2J /
/)t~/c; I //' ^~j,"!----
~B~_~?RUf( 1
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
5
Ordinance No. 7152-03
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Surplus for July 17, 2003
MILEAGE! REASON FOR
ITEM P-NUMBEF YEAR DESCRIPTION SERIAL NUMBER HOURS SURPLUS / DISPOSAL
1 GOO01 93 CRN VIC POLICE CRUISER 2FACP71W8PX 179359 87.001 Body Damage
2 G0047 91 PONTIAC FIRE BIRD 1G2FS23T8f,1L215236 67.587 AGE/CONDITION
3 G0140 92 eRN VIC POLICE CRUISER 2FACP72WW>:214500 65.427 Body Damage
4 G0168 93 eRN VIC POLICE CRUISER 2FACP71W2PX 126558 80,815 AGE/CONDITION
5 G0253 63 Ford C950 Seagrave Fire Truck C95RU412789 83,386 Obsolete
6 G0345 83 Ingersol Rand 160 Air Compressor 132150V83179 N'A AGE/CONDITION
7 G0384 84 Case 1085C Excav wlxtra Bucket JAK0032632 t.J'A AGE/CONDITION
8 G0413 89 Ford F250 WI UTILITY BODY 1 FTFF25Y6KNB59422 73,815 AGE/CONDITION
9 G0422 91 Ford F Superduly W/ FLATBED 2FDLF47G6MCA94367 66,221 AGE/CONDITION
10 G0533 94 Cushman 3 wheel Utility Veh 1 CUNH2223RL002426 N/A AGE/CONDITION
11 G0667 89 GMC 3500 FLAT BED DUMP 1 GDJR34KOKF703861 63.551 AGE/CONDITION
12 G0688 91 Ford F250 4X4 PICK UP 1 FTEF26N7MNB00611 86.791 AGE/CONDITION
13 G0730 86 Ford 6610 Tractor C754615 NlA AGE/CONDITION
14 G0969 86 Case 580E Loader/Backhoe 17034113 N/A AGE/CONDITION
15 G1056 92 Ford F150 PICK UP 1 FTEF15Y8NNA87889 97,722 AGE/CONDITION
16 Gl058 84 Case 580E Loader/Backhoe 9868650 N/A AGE/CONDITION
17 Gl085 87 MILLER Diesel WELDER JH21566~ 1345 HRS. AGE/CONDITION
18 G1236 92 Ford F250 W/UTILlTY BODY 1 FTHF25H3NNA87897 76,282 AGE/CONDITION
19 G1366 94 Ford/Johnston 605 SI. Sweeper 1FDXH70C1RVA27035 66,219 AGE/CONDITION
20 G1369 94 GMC SIERRA PICK UP 1 GTDC14Z4RZ569224 107,281 AGE/CONDITION
21 G1533 95 Ford/Johnston 605 SI. Sweeper 1 FDXH70C4SV A66675 85,413 AGE/CONDITION
22 G1539 95 Cushman Police 3 Wheel Scooter 1 CUMH3277SLOO0942 29,718 AGE/CONDITION
23 G1561 96 Chrysler Eagle Vision 4 dr sedan 2E3HD56F8TH184971 86,008 AGE/CONDITION
24 G1601 96 Homelite 3" trash pump 1 CUNH2223RLOO2426 N/A AGEfCONDITION
25 G1658 96 Kawasaki Mule 2520 Utility Vehicle JK1AFCB13TB501770 N/A AGE/CONDITION
26 G1675 96 Kawasaki Mule 2520 Utility Vellicle JK1AFCB12TB501775 NJA AG E/CONDITION
27 G1718 96 Kawasaki Mule 2520 Utility Vehicle JK1AFCB13TB501851 N/A AGE/CONDITION
28 Gl727 97 CRN VIC POLICE CRUISER 2F ALP71 WOVX 120402 82.108 AGE/CONDITION
29 G1734 97 CRN VIC POLICE CRUISER 2FALP71M3VX120409 90.409 Bad transmission
30 G1741 97 eRN VIC POLICE CRUISER 2FALP71 W2VX120417 83,068 Bad transmission
31 G1821 97 Hustler 3200 Riding Mower 6050006 N!A Does Not Run
32 G1878 97 Cushman Athletic Field Groomer 98000264 N/A AGE/CONDITION
33 G1899 97 Ford/Elgin Eagle SI. Sweeper 1 FDXH81 C2VV A42724 44,921 AGE/CONDITION
34 G 1938 98 CRN VIC POlleE CRUISER 2FAFP71W2WX137541 98.540 AGE/CONDITION
35 G1962 98 Hustler 2500 Riding Mower 7063089 N/A AGE/CONDITION
36 G1963 98 Hustler 2500 Riding Mower 7063074 NlA Engine prOblem
37 G2078 99 eRN VIC POLICE CRUISER 2FAFP71WOXX172564 88,383 AGE/CONDITION
38 Pallet of Miscellaneous Gravely 16G and 20G Replacement Parts N/A Obsolete
39 3 Cushman Police Scooter Trunks with lids N/A AGE/CONDITION
40 Kohler 4.5 KW Generator 196957 N/A AGE/CONDITION
41 Onan 5 KW Generator 16B534186 N/A Not running
42 ONAN 6 KW GENERATOR E763t72901 N/A AGE/CONDITION
43 10" Rockwell/Della table Saw JN3961 N/A Obsolete
44 Miller Plasma Cutter Model # PLAZCUT JJ517092 NlA Obsolete
45 Hyporthorm Plasma Cutter Model # MAX 40 60-5431 N/A Obsolete
43 3 Pallets of Federal Vector Light Bars- Total 01 16 Bars N/A Obsolete
Page 1
Surplus for July 17 2003
ITEM # O.
. .
_~~P'<'~.~" . . / ~'{J;~~L~ti~~;\\~~~:j.r~
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #: ~
. 2.. f~'\
Final Agenda Item # :"';1....../
Meeting Date: 07/17/03
SUBJECT/RECOMMENDATION: Award a contract for the construction of the new Northwest Fire Station
51 (01-006"'-FI) to David Gerald Construction Company of Tampa, Florida. in the amount of SI,7"'9,000.00,
which is the lowest responsible bid received in accordance with plans and speci fications,
~ and that the appropriate officials be authorized to execute same.
. The Fire Department established, as components of its Strategic Plan Goals, programs to
improve responsiveness and provide consistent, high quality and affordable service levels across
all areas of the City.
. In CY 2000 a Commission-appointed Fire Task Force confirmed the five-year Strategic Plan,
which included a recommendation to establish a permanent Fire Station facility on an appropriate
site in NW Clearwater. The Commission approved funding the station via Penny for Pinellas. The
project had been delayed awaiting final site selection and purchase, which is now complete.
. To minimize time and cost, we modified the basic Station 49 design for Station 51 since the site is
of similar size and shape. The station is designed to accommodate current demands and future
mission capabilities.
. Construction 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 $1,210,000,
with three addenda for intersection improvement, soil stockpile and backfill, and environmental
service. which cost $451,000, $5,500 and $82,500, respectively.
. The station is planned to become operational by Summer 2004.
. Project funds of $2.0 Mil for design &construction were included in the budget for the Northwest
Station CIP project (91237). Currently, $1.79 Mil is available for construction.
Reviewed by:
Legal ~
Budget ~
Purchasing ~
Risk Mgmt . X
Engineer /'J --.1--:;
Info Srvc
Public Works
Originating Cept:
Fire Dept. (W. Hanson)
User Dept.
Fire Department "Z.(<~~
Attachments
Costs
Total 51,749,000
Funding Source:
Current FY S1,749K CI X
op
Other
DCM/AC~
Other
Plannin /Dev
Submitted by:
City Manager "".1. ~
Q..(U N,.,c.,.
~ None
Appropriation Code:
Printed on recycled paper
2/98
315.91237 -563600.522.000
Northwest Fire & Rescue Station No. 51.
Rev.
Final Agenda Item #
PR2
'31
Clearwater City COlllmission
Agenda Cover Memorandum
....
Work session lIem #:
Meeting Date: 7/17/03
SUBJECT/RECOMMENDATION: Award a contract for the construction of the restrooms/pavilion, and
infrastructure improvements at Eddie C. Moore Fields 8 & 9 (03-0018-PR) to Brandon Construction of
Palm Harbor, in the amount of $342,771.61, which is the lowest responsible bid received in accordance
with the plans and specifications,
@ and that the appropriate officials be authorized to execute same,
SUMMARY:
. The City acquired approximately five acres of land immediately west of Eisenhower Elementary School to
construct additional softball fields, known as Eddie C. Moore 8 & 9. These fields will replace the
Chesapeake Park field, which is now owned by Calvary Baptist Church and the Bomber Stadium, which
has been removed to make room for the Community Sports Complex.
. On September 5, 2002 the City Commission approved an agreement with the School Board of Pinellas
County for the development of a Joint-Use Driveway for Eisenhower Elementary School and the Eddie C.
Moore Fields 8 & 9.
. Construction is currently underway to develop the two ballfields and amenities. Site clearing and
installation of light poles are underway. City staff from the Engineering, Public Works and Parks and
Recreation Department is doing much of the work on the project.
. This contract is for the construction of the restroom/pavilion building and miscellaneous infrastructure
improvements at the new ballfield site. The pavilion will house a small area for concessions, restrooms,
and a small office, as well as provide an area of shade.
. Work will commence upon award and execution of the contract and will be completed within four months.
Completion for the entire project will be December 2003.
. Sufficient funding is available in CIP code 315-93201.
. A copy of the contract is available for review in the Official Records and Legislative Services office.
Reviewed by:
Legal (j) Info Srvc
Budget ~PUbIiC Works
purChasin~~( DCM/ACM
Risk Mgmt NA Other
NA
Originating Dept:
Parks & Rocreatiol\ I g,/
Kevin Dunbar 't'r
U er Dept. V ,-
:/
Parks & Recreation "
Costs:
Total $342,771.61
Attachments
Funding Source:
Current FY CI X
or
Other
Submitted by: ~
City Manager '"'il'.. e
gcu .AtL --6
o None
Appropriation Code:
31 5-93201.563600-572-000
Printed on recycled paper
Rev. 2/98
"", ":." \.,
~'. "i~~ ~:;._ '.~~~.~.,,; ....."t" -,' ~;., i.< "..i" ;; . ~: """l' ~.:o...: ' 'i.;:~.." \,
:- .::;...:,.;.:.;: />,,' ;..
:, c
.> I
. ~J !
ADDENDUM NO.1
FOR
EDDIE C. MOORE SOFTBALL COMPLEX - FIELDS 8 & 9
CITY OF CLEARWATER, FLORIDA
City Project No. 03-0018-PR
t")/' J ,-
I ",L
DATE: June 17,2003
SUBJECT: Addendum NO.1 to Plans and Specifications for Eddie C. Moore Softball Complex - Fields 8
& 9, City Project No. 03-0018-PR, Clearwater, Florida
TO: Prospective Bidders and Others Concerned
The Plans and Specifications for the subject project shall be supplemented and/or amended as follows:
1. Sheet S-01, 0 & E Sidewalk Alternate... What is this?
Answer:
These are typical cross section details of the deduct alternate of the 4" and 6" thick
sidewalks as listed in the bill of quantities.
2. Provide solid surface Counter Top Specifications.
Answer:
The counter top will be the same specifications as the toilet stall partitions.
3. 30-year GAF Shingle does not meet the 100 MPH Wind Damage Warranty.
Answer:
The contractor shall provide a multi-dimensional shingle that will meet the 100 MPH
wind damage warranty and successful bidder will be required to submit sample and
warranty information for approval by the Architect.
4. Is glass to be impact resistant?
Answer:
The glass will be laminate type.
5. Provide a floor paint specification:
Answer: The successful bidder will provide sample of high gloss sample of floor plaint for approval by
the Architect. The requirement will be for the contactor to properly prepare the surface to
receive the paint and provide a minimum of two coats. Sand base paint will not be required.
Color will be battleship gray.
6. Do we need fire extinguishers and signage?
Answer: Yes, you will be required to provide 2- recessed heavy-duty cabinet fire extinguishers one
will be recessed in the open concession area, the other adjacent to the electrical room.
Specifications are attached.
International restroom signs will be required to be mounted on the door or as required by
code with brail, sign on doors will also be required for electrical room, office and conference
room. The contractor will be required to provide sample of the sign for approval by the
owner. The minimum height of the room sign shall be 1-1/2" letters.
Addendum #1 - Eddie C. Moore Softball Complex - Fields 8 & 9
Page-1
Answer:
Section 15400 Plumbing Specification pages 1 through 7; Section 15500 Air
Conditioning, Heating and Ventilating Specifications pages 1 through7; and section
05500 Metal Fabrications pages 1 through 4 are included in this Addendum Number
1. It should be noted the gutter system shall be seamless gutters and 16-gauge
thickness; downspouts shall be schedule 40 P.v.C and connected into the drainage
system. The contractor shall provide shop drawings and material submittals for
approval by the Architect.
7. Missing Plumbing, HVAC and Gutters/Downspout Specifications.
Detail information on the Air Conditioning Unit will follow in Addendum Number 2.
8. How many sets of plans will the awarded contractor get?
Answer: The successful bidder will receive four sets of drawings plus the plans set he will receive
from collecting the Building permit from City Of Clearwater - Planning and Development
Services.
9. There are no specifications on the overhead door. The door schedule calls for 8-foot wide x 10 feet
high. The drawing scales out to 10'-4" wide by 8'-9" high. Check the clearance space as well, as there
appears to be a problem here.
Answer: Chris Ankrim of J. B. Mathews Company, 5530 56th Commerce Park Blvd Tampa, FL 33610,
phone 813-626-5545 is the distributor of the roll up grill door by DBCI model number 3100
roll up door or equal. The intent is to have an opening that will receive a standard type door.
In speaking with the sales department at J. B. Mathews the minimum clearance above the
opening is 2-foot requirement. The ceiling height is 10 feet in the vending area. The
contractor is expected to contact the manufacture of the grill roll up door and construct the
opening to the correct dimensions. The door will be manually operated and the contractor
will be required to submit door specifications to the owner for approval. Attached is a
catalogue cut of the manual operation roll-up grill door.
10. Page 81 states that liquidated damages are $320.00, per day and the contract, page 4 states
$1,000.00 per day.
Answer: The liquidated damages are $1000.00 per day as stated in the contract on page 4.
11. What are the length, size and type of pipe to be used for waterline and sanitary sewer?
Answer: Please see sheet 4 of 10 Site Utilities and Concrete Flatwork for information requested.
12. Is there any crossing to bore?
Answer: No.
END OF ADDENDUM #1
THE CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
Bv: IslWilliam B. Horne. II
City Manager
Addendum #1 - Eddie C. Moore Softball Complex - Fields 8 & 9
Page-2
SECTION 05500 - METAL FABRICATIONS
PART 1 - GENERAL
1.01 RELATED DOCUMENTS:
A. DRAWINGS AND GENERAL PROVISIONS of Cortract, including General
and Supplementary Conditions and Division 1 Specification
sections, apply to work specified in this Section.
1.02 DESCRIPTION OF WORK:
A. DEFINITION: Metal fabrications includes items made from iron and
steel shapes, plates, bars, tubes and pipes which are not a cart
of structural steel or other metal systems specified elsewhere.
1.03 SUBMITTALS:
SHOP DRAWINGS: Submit shop drawings for fabrication and erection
of miscellaneous metal fabrications. Include plans. elevations,
and details of sections and connections. Show anchorage and
accessory items. Provide templates for anchor and bolt
installation by others.
PART 2 - PRODUCTS
2.01 MATERIALS; METALS:
A. METAL SURFACES, GENERAL: For fabrication of miscellaneous metal
work which will be exposed to vievJ, use only materials which are
smooth and free of surface blemishes including pitting, seam
marks. roller marks. rolled trade names and roughness.
B. STEEL PLATES. SHAPES AND BARS: ASTM A 36.
C. STEEL TUBING: Cold formed, ASTM A 500 or hot rolled, ASTM A 501.
D. STRUCTURAL STEEL SHEET: Hot-rolled, ASTM A 570; or cold-rolled
ASTM A 611, Class 1; of grade required for design loading.
E.
STEEL PIPE: ASTM A 53; Type and
selected by fabricator and as required
Finish unless galvanizing is indicated;
40), unless otherwise indicated.
grade (if applicable) as
for design loading; black
standard weight (Schedule
F. BRACKETS, FLANGES AND ANCHORS: Metal of the same type material
and finish as supported rails, unless otherwise indicated.
SCM-01ZQ90
METAL FABRIC~TIOHS
05500 - 1
G. CONCRETE INSERTS: Threaded or wedge type: galvanized ferrous
castings, either malleable iron, ASTM A 47, or cast steel, ASTM A
27. Provide bolts. washers and shims as required. hot-dip
galvanized, ASTM A 153.
2.02 GROUT:
1-. NQ~!-SHR INK NON-r~E-.'.LLI C GROUT: Pre-mi xed, ...: tory-packaged, non-
staining. non-corrosive, non gaseous grout. complying with CE
CRD-C621. Provide grout specifically recommended by manufacturer
for interior and exterior apol ications of type specified in this
section.
2.03 FASTENERS:
A. GENERAL: Provide zinc-coated fasteners for exterior use or where
built into exterior walls. Select fasteners for the type, grade
and class required.
B. BOLTS AND NUTS: Regular hexagon head type, ASTM A-307, Grade A.
C. MACHINE SCREWS: Cadmium plated steel, FS FF-S-92.
D. WOOD SCREWS: Flat head carbon steel, FS FF-S-1ll.
E. PLAIN WASHERS: Round, carbon steel, FS FF-W-92.
F. MASONRY ANCHORAGE DEVICES: Expansion shields, FS FF-S-325.
G. TOGGLE BOLTS: Tumble-wing type, FS FF-B-588. type. class and
style as required.
H. LOCK WASHERS: Helical spring type carbon steel, FS FF-W-84.
2.04 PAINT:
A. SHOP PRIMER FOR FERROUS METAL: Manufacturer's or Fabricator's
standard, fast-cur i ng, 1 ead-free, II un i versa 1" pr i mer; selected
for good resistance to normal atmospheric corrosion, for
compatibility with finish paint systems indicated and for
capability to provide a sound foundation for field-applied
topcoats despite prolonged exposure; complying with performance
requirements of FS FF-P-645.
1. Primer selected must be compatible with finish coats of
paint. Coor~inate selection of metal primer with finish
paint requirements specified in Division 9.
B. GALVANIZING REPAIR PAINT: High zinc dust content paint for
regalvanizing welds in galvanized steel, complying with Mili~ary
Specifications MIL-P-21035 (Ships) or SSPC-Paint-20. .
S 01-0..2990
METAL FABRICATIONS
05500 - 2
2.05 FABRICATION, GENERAL:
A. \~ORKr"ANSH I P :
1. Use ~aterials of 51!e and thickness shown or. if not shown.
of required size and thickness to oroduce strength and
durability in finished product. Work to dimensions shown or
accepted on shop drawings, using proven details of
fabrication and suoport. Use type of materials shown or
soecified for various components of wor~.
2. Form exposed work true to line and level with accurate angles
and surfaces and straight sharp edges.
3. Weld corners and seams continuously. complying with AWS
recommendations. At exposed connections. grind exposed welds
smooth and flush to match and blend with adjoining surfaces.
4. Form exposed connections with hairline joints, flush and
smooth. using conceiled fasteners whenever possible. Use
exposed fasteners of type shown or, if not shown, Phillips
flat-heat (countersunk) screws or bolts.
5. Fabricate joints which will be exposed to weather in a manner
to exclude water or provide weep holes where water may
accumulate.
6. Provide for anchorage of type shown, coordinated with
supporting structure. Fabricate and space anchoring devices
to provide adequate support for intended use.
7. Cut. reinforce, drill and tap miscellaneous metal \'Jork as
indicated to receive finish hardware and similar items.
8. Metal fabrications shall comply with OSHA requirements.
B. GALVANIZING:
1. Provide a zinc coating for those items shown or specified to
be galvanized, as follows:
a. ASTM A 153 for galvanizing iron and steel hardware.
C. SHOP PAINTING:
1. Shop oaint miscellaneous metal work, except members or
portions of members to be embedded in concrete or masonry,
surfaces and edges to be field welded, and galvanized
surfaces, unless otherwise specified.
2. Remove scale, rust and other deleterious materials before
aoolying shop coat. Clean off heavy rust and loose mills
scale in accordance \'Jith SSPC SP-2 IIHand Tool Cleaning", or
SSPC SP-3 IIPO\'Jer 1001 Cleaningll, or SSPC SP-7 "Brush-Off
Blast Cleaning".
3. Remove oil, grease and similar contaminants in accordance
\'Jith SSPC SP-1 "Solvent Cleaningll.
4. Immediately after surface preparation. brush or spray on
primer in accordance with manufacturer's instructions, and at
a rate of providing uniform dry film thickness of 2.0 mils for
each coat. Use painting methods which will result in full
coverage of joints, corners. edges and exoosed surfaces.
5. Apoly cne coat to faoricated metal iteIT's.
SG1-U 12990
METAL FABRICATIONS
05500 - 3
PART 3 - EXECUTION
3.01 PREPARATION:
A. COORDINATE AND FURNISH anchorages, setting drawings, diagrams,
templates, instructions, and directions for installation of
anchorages, such as concrete inserts, sleeves, anchor bolts and
miscellaneous items having integral anchors, which are to be
embedded in concrete or masonry construction. Coordinate
delivery of such items to project site.
3.02 INSTALLATION; GENERAL:
A. FASTENING TO IN-PLACE CONSTRUCTION: Provide anchorage devices
and fasteners where necessary for securing miscellaneous metal
fabrications to in-place construction; including threaded
fasteners for concrete and masonry inserts, through-bolts, and
other connectors as required.
B., CUTTING, FITTING AND PLACEMENT: Perform cutting, drilling and
fitting required for installation of miscellaneous meta1
fabrications. Set work accurately in location, alignment and
elevation, plumb, level, true and free of rack, measured from
established lines and levels.
C. FIT EXPOSED CONNECTIONS accurately together to form tight
hairline joints. Weld connections which are not to be left as
exposed joints. but cannot be shop welded because of shipping
size limitations. Grind exposed joints smooth and touch-up shop
paint coat. 00 not weld, cut or abrade the surfaces of exterior
units which have been hot-dip galvanized after fabrication~ and
are intended for bolted or screwed field co~nections.
D. FIELD WELDING: Comply with AWS Code for procedures of manual
shielded metal-arc welding, appearing and quality of welds made.
and methods used in correcting welding work.
3.03 ADJUST AND CLEAN:
A. TOUCH-UP PAINTING: Immediately after erection. clean field
welds, bolted connections, and abraded areas of shop paint, and
paint exposed areas with same material as used for shop painting.
Apply by brush or spray to provide a minimum dry film thickness
of 2.0 mils.
B. FOR GALVANIZED SURFACES Clean field welds, bolted connections
and abraded areas and apply 2 coast of galvanizing repair paint.
END OF SECTION
SC~-012990
METAL FABRICATIONS
05500 - 4
SECTION 15400 - PLUMBING
PART 1 - GENERAL
1.01 RELATED DOCUMENTS;
A. DRAWINGS AND GENERAL PROVISIONS of Contract, including General
and Supplementary Conditions and Division 1 Specification
sections. apply to work of this Section.
1.02 DESCRIPTION OF WORK:
A. THE EXTENT of plumbing work is indicated on the Drawings.
B. IN GENERAL. the work consists of, but is not limited to, the
f 0 11 ow i n g :
1. Hot and cold water supply piping, and all necessary valves,
fittings, etc.
2. A system of soil, waste and vent piping.
3. Plumbing fixtures and trim.
4. Furnishing lead flashings for penetrations through the roof.
5. Connections of equipment furnisned by others.
1.03 SUBMITTAL DATA:
A. SUBMIT to the Architect for approval, in accordance with Section
01340, copies of brochures, technical data and/or shop drawings
of the following:
1. Plumbing fixtures with trim.
2. Floor drains.
3. Hose bibbs with vacuum breaker.
4. Water heater.
1. 04 CHANGES:
A. THE DRAWINGS indicate generally the locations of plumbing
fixtures, apparatus, piping, etc., and while these are to be
followed as closely as possible, if. before installation it is
found necessary to change the location of same to accommodate the
conditions at the building, such changes shall be made without
additional cost to the Owner and as directed by the Architect.
1.05 PRODUCTS & INSTALLATION:
A.
THE
with
and
PLUMBING MATERIALS, FIXTURES AND INSTALLATION shall comply
all requirements of the Standard Plumbing Code, local codes
requirements of authorities having Jurisdiction.
SG1-020 190
PLU~1BING
151100 - 1
PART 2 - PRODUCTS
2.01 PIPING:
A. ALL MATERIALS shall comply with latest ASTM specifications in
each instance that ASTM has specifications and standards relating
to such material.
B. DRAINAGE, WASTE AND VENT PIPING (ABOVE GRADE INSIDE BUILDING):
One of the following:
1. ABS-DWV Pipe and Fittings - ASTM 0 2661.
2. PVC-DWV Pioe and Fittings - ASTM 0 2665.
C. SEWER PIPE AND FITTINGS (BELOW GRADE INSIDE BUILDING):
1. Cast Iron Bell and Spigot ANSI A-21.
D. SEWER PIPE AND FITTINGS (outside buildings): One of the
f 011 ow i n g :
1. ABS, ASTM D 2751.
2. PVC, ASTM D 3033 or D 3034.
E. SOLVENT CEMENT for Plastic Pipe):
1. ABS-DWV Solvent Cement ASTM C 2235.
2. PVC-DWV Solvent Cement ASTM D 2564.
F. DOMESTIC WATER PIPE: Copper Tubing Type "L" (ASTr~ B 88) with
Bronze or Wrought Copper solder joint fittings.
G. FURNISH AND INSTALL dielectric or isolation fittings at all
points where copper pipe connects to wrought iron or steel pipe.
H. EXPOSED PIPE IN TOILET ROOMS: Chrome plated brass, American
Brass Co., or equivalent. Furnish and install chrome plated wall
plates.
I. LAVATORY AND SIMILAR WASTE ARMS: Type M or L copper water tube,
Mueller, or equivalent.
2.02 PIPE HANGERS:
A. ADJUSTABLE wrought clevis type hanger and rods: Grinnell
Company, or equivalent.
2.03 CLEANOUTS:
A. FLOOR CLEANOUTS for soil and waste lines shall have bodies of
standard pipe sizes.
1. Exterior: Josam Y-300-F.
2. Interior: Josam Y-100-B with nickel bronze top, or
equivalent Wade or Zurn, unless shown otherwise on the
Drawings.
sa'1-020190
PLUMBING
15400 - 2
B. WALL CLEANOUTS for soil and waste lines shall have bodies of
standard pipe sizes.
1. Ferrule: Cast iron with a brass plug.
2. Plug: Drilled and tapped to receive cleanout screw.
3. Access Cover: Round polished cast brass with countersunk
brass screw. Josam Y-120-8. or equivalen: ~~ e or Zurn.
2.04 vALVES:
A. GATE VALVES: 150 psi, screwed, all brass. Crane Co. No. 431. or
equivalent.
B. UNIONS shall have brass to metal ground joint seat.
2.05 TRAPS:
A. FOR LAVATORIES AND SINKS: Brass. chrome plated.
B. FOR FLOOR DRAINS:
drain.
Cast iron traps not integral with the floor
2.06 PIPE SLEEVES:
A. GALVANIZED STEEL Size to allow mlnlmum clearance between pipe
and sleeves or insulation and sleeves.
2.07 ESCUTCHEON PLATES;
A. PROVIDE chrome plated escutcheon plates where exposed pipe passes
through walls, floors, or ceiling in finished area.
2.08 FLOOR DRAINS:
A. JOSAM AS SPECIFIED ON THE DRAWINGS: Wade or Zurn equivalent
approved.
2.09 FIXTURE TRIM AND FITTINGS:
A. PROVIDE all items of brass and chrome plated finish except where
otherwise noted.
8. FOR FASTENING on masonry, use expansion bolts or screws.
C. ALL PIPING that serves fixtures and is exposed beyond the face of
the finished wall: Brass and chrome plated.
D. BRACKETS, ANCHORS AND CLEATS: Furnish and install where required
for support; conceal behind finished wall.
SCM-020190
15400 - 3
PLUMBING
2.10 PLUMBING FIXTURES:
A.
FURNISH AND INSTALL all plumbing fixtures
Drawings. Fixtures shall be as soecified. or
fixtures by Briggs, Oasis, Halsey-Taylor,
American Standard, Kohler, Crane or Eljer.
as shown on the
equivalent quality
A.a. Smith. P.V.I,
B. HOSE BIBBS: As indicated on the Drawings.
2.11 PLUMBING STOPS:
A. CHROME PLATED BRASS with renewable valves. seats and stem seals.
2.12 PROTECTIVE COATING:
A. COAL-TAR ENAMEL, AWWA-C-203.
PART 3 - EXECUTION
3.01 INSTALLATION OF PIPING:
A. ON VERTICAL sanitary drain lines, connect all soil and waste
inlets through sanitary tees, wyes, or wyes and eighth bends.
Short radius fittings may be used for vent piping. On horizontal
lines, connect all waste and soil connections through wyes, or
wyes and eighth bends. Double branch fittings may be used on
vertical lines and horizontal runs providing proper grades can be
maintained.
B.
LAY HORIZONTAL
vertical. Make
bends.
DRAIN PIPES to uniform grade; riser pipes,
changes in directions of drain pipes with long
C. LAY ALL SEWERS and branches, where practicable, on undisturbed
earth cut at proper grade. Where laid on fill, provide adequate
supports to maintain pitch of the line.
D. PITCH all horizontal drains 1/8" per foot minimum.
E. MAKE JOINTS IN PLASTIC PIPE using the specified solvent cement.
Install according to manufacturer's recommendations.
F. SIZES OR RISERS and mains of water system piping shall be as
designated on the Drawings. Verify any omitted sizes before
installation. In general, pipe shall be sized to insure adequate
flow in the branches, especially in regard to flush valves.
Pitch hot water lines to facilitate drainage at fixtures.
G. COVER PIPE openings at all times that the work is not in progress
at that point.
So.1-020190
PLur~B I NG
15400 - ~
H. CUT BRASS AND COPPER oipe by means of hacksaw. Remove all burrs
and metal chips, dirt, etc., before joining pipe. Chrome plated
pioe shall show no wrench marks after installation; no threads
shall show.
I. SOLDER COPPER WATER PIPING JOINTS with a 95-5 tin-antimony
solder. Provide sweat solder joints made so that the solder ring
is visible completely around the joint. Dc no~ use acid core
flux.
J. ADEQUATELY SUPPORT all plp1ng above floors inside the building
from or on the building structure. Support piping suspended from
the building structure by means of the specified pipe hangers and
rods. Make maximum spacing between pipe supports as follows:
Nominal Pipe Size
3/4" and under
1"
1-1/4"
1-1/2"
2"
2-1/2"
3"
4"
Maximum Span
51
71
71
91
101
111
121
14'
K. CAULKED JOINTS: Before jointing remove all lumps, blisters and
excess coating from bell-and-spigot ends of pipe. Wire brush
outside of spigot and inside of bell and wipe clean and dry.
Adjust spigots in bells to give uniform space all around; if any
pipe does not allow sufficient space for caulking, replace with
one of proper dimensions. Adjacent lengths of pipe shall be
adjusted with reference to each; blocking or wedging between hub
and spigot will not be permitted.
Molded or tubular rubber, or especially prepared paper rings
treated to prevent deterioration shall be used as gaskets, except
gaskets in sanitary piping may be braided or twisted hemp or
oakum gaskets of the best commercial grade. Drive gaskets
tightly into annular spaces between pipes and size to seal joint
tightly and leave sufficient space for lead as specified. Where
rubber rings are used as gaskets, braided or twisted hemp or jute
rings shall be caulked into joint after rubber ring is plated to
prevent contact of molten lead with rubber. Gaskets shall not
project into bore of finished joint. When joints are approved
for pouring, joints shall be cleaned, and remaining space filled
at one pouring with lead which shall be caulked in a manner that
will assure tight joints without overstraining of bells. Depth
of lead shall be not less than 2-1/4 inches measured from face of
bell. After caulking, lead shall be flush v.lith face of bells.
scr~-020190
P LU~1B I NG
15400 - 5
3.02 INSTALLATION OF VALVES:
A. ISOLATE ALL MAJOR PIPING assemblies as shown on the Drawings and
as required for proper operation and maintenance. All valves
~hall be accessibl~ Provide valve boxes and access panels wnere
required for accessibility.
B. PLACE SHUT-OFF VALVE on each water main service. Place valve
near the building where indicated on the Drawings. in concrete or
cast iron box with a removable cast iron plate cover.
3.03 INSTALLATION OF TRAPS:
A. TRAP EACH FIXTURE by water sealing trap placed as near the
fixture as possible.
B. VENT ALL TRAPS and place within 5 feet of the fixture which it
serves, unless otherwise noted.
3.04 INSTALLATION OF PIPE SLEEVES:
A. INSTALL PIPE SLEEVES at all locations where pipe passes through
walls, floors,or ceiling above or below grade.
B. WHERE SUBJECT to moisture or weather, seal sleeves \'/ith
watertight sealant.
3.05 INSTALLATION OF AIR CHAMBERS:
A. INSTALL an air chamber at each fixture or group of fixtures.
Muke air chambers 20 pipe diameters long and of the same diameter
as the pipe to which it is connected. In no case shall an air
chamber be less than 18" long. Air chamber must be installed
vertically above the horizontal pipe to which it is connected.
3.06 INSTALLATION OF FIXTURE TRIM AND FITTINGS;
A. INSTALL THE FIXTURE trim and fittings specified, taking care to
properly anchor each fixture.
B. WHEN THE USE of a wrench is necessary on chromium plated plplng.
protect the pipe from marring by use of felt or cloth wrapping
beneath wrench jaws.
3.07 APPLICATION OF PROTECTIVE COATING:
A. COAT METAL PIPE buried in the earth or concealed with heavy coat
of coal tar enamel.
3.08 INSTALLATION OF PIPE INSULATION:
A. INSULATE ALL HOT WATER ~iDing aoove and :elow grade in accordance
wit h man u fa c t u r e r t 5 P r i n t e din s t r u c t ; 0 r S . U ') e 1 / 2 II A r' m a f 1 e;-: 0 I'
SCr-l.020190
P LU~lB I NG
15400 - 6
equa 1.
3.09 TESTS AND INSPECTIONS:
A. MAKE ALL WATER and air tests of the piping systems in the
presence of and to the satisfaction of the Architect or his
designed representative. Conduct these tests at such places and
with timing to permit work to proceed wit" as little interruption
as possible. Make tests before work is concealed.
B. TEST WATER piping to hydrostatic pressure or 150 psi and hold for
24 hours.
C. AFTER THE INSTALLATION of sanitary piping and before the pipe is
concealed or the fixtures are installed, cap or plug the ends of
the system and fill all lines with water to top of vents above
roof and allow to stand until a thorough inspection has been
made. Should leaks appear, repair and re~eat the tests until the
system is tight.
3.10 STERILIZATION:
THE STERILIZATION PROCESS shall comply vlith all governing
regulations and with the sterilization procedures recommended by
the American Water Works Association. The chlorination process
may be simplified by first flushing the system thoroughly clean,
then charging with water containing a minimum of 50 parts per
million of chlorine, allowing this to stand for 24 hours, then
thoroughly flushing. After sterilization and final flushing, the
loral health authority is to be notified, and their approval
obtained in writing.
END OF SECn ON
SGi-020190
PLUj,iB I NG
15400 - 7
SECTION 15500 - AIR CONDITIONING, HEATING AND VENTILATING
PART 1 - GENERAL
1.0 RELATED DOCUMENTS:
DRAWINGS AND GENERAL PROVISIONS of Contract, including General
and Supplementary Conditions and Division 1 Specification
sections, apply to work of this Section.
1.02 DESCRIPTION OF THE WORK:
A. THE EXTENT of the mechanical work is indicated on the Drawings.
B. IN GENERAL, the work consists of but is not limited to the
following:
1. Air Conditioning and heating units.
2. Ceiling exhaust fans.
3. Grilles, registers and diffusers.
4. Controls.
5. Ductwork.
6. Flashing.
7. Electric heaters.
8. Dampers.
1.03 RELATED WORK NOT INCLUDED IN THIS SECTION:
A. ELECTRICAL WIRING, including control wiring, starters and
disconnects are specified in Section 16000 - Electrical.
1.04 SUBMITTAL DATA:
A. SUBMIT TO THE ARCHITECT for approval, in accordance with Section
01340, copies of the equipment brochures, technical data and/or
shop drawings of the following:
1. Air Conditioning and heating units.
2. Ceiling exhaust fans.
3. Grilles, registers and diffusers.
4. Controls.
5. Insulation.
6. Electric heaters.
7. Dampers.
1.05 NOISE AND VIBRATION:
EQUIPMENT SHALL OPERATE quietly and the design of the base shall
be such that the operation of the equipment shall cause no
perceptive vibration in the flooring adjacent to the equipment,
nor cause, directly or indirectly, vibration or objectional noise
in any other portion of the building and/or in the building
structure itself.
SCM-020190
AIR CON~ITIONING, HEATING AND VENTILATiNG
15500 - 1
1.06 FLASHING:
A. ALL SPECIAL FLASHING required for penetration of roof surfaces by
HVAC vents, pipes, etc., shall be furnished by this contractor
for installation by roofing contractor. Flashing shall be in
accordance with the Roofing Section of the Specifications, unless
otherwise indicated on the Drawings.
1.07 MAINTENANCE MANUALS AND INSTRUCTIONS:
A. FURNISH 2 SETS of complete operating instructions covering entire
heating, ventilating and air conditioning system. Include a copy
of the Control Diagrams and a complete description of the
operation of the Control System. Instruct designated
representative in proper operation and care of system.
1.08 WARRANTIES:
A.
FURNISH a 5 year warranty
service (including labor)
equipment and material.
on all compressors and a one year
and guarantee on all controls,
PART 2 - PRODUCTS
2.01 SHEET METAL WORK:: (See Para. 2.03 for optional fibrous glass
duct.)
A. SUPPLY SHEET METAL WORK in the heating, air conditioning and/or
ventilation systems in accordance with ASHRAE Standards.
8. PROVIDE OFFSETS, elbows and transformat~uns in ductwork where
necessary, whether or not shown.
C. CONSTRUCT ductwork of galvanized sheet steel.
O. USE WEIGHTS, bracing, joints and all details in accordance with
ASHRAE recommendations.
E. RECTANGULAR ducts over 1211 \'Ii de sha 11 be cross broken except
where ductwork is to be insulated.
F. MAKE INTERIOR of ducts smooth and joints air tight. Where
necessary to insure tightness, caulk joints. Make the entire
installation rigid with ductwork free frnm rattles and air noises
when in operation.
5C,..'-020190
15500 - 2
AIR CONDITIONING, HEATING AND VENTILATING
G. MAKE ELBOWS with inside radius eaual to :he width of the duct
except where otherwise specified or necessitated by unavoidable
space conditions. Where insid~ radius is less than three-fourths
the duct width, multiple turning vanes shall be provided.
Provide square elbows with Tuttle and 3ailey IIDucturnsll or-
3arber-Colman IIAirturnsll.
H. INCLUDED angle of divergence for enlargement is not to exceed 150
where space conditions permit. Included ANGLE OF CONVERGENCE for
contracting is not to exceed 300.
I. PROVIDE flexible duct connections in duc:s as indicated; make
with woven fiberglass cloth collars not less than 211 long.
Secure fiberglass cloth to the duct and fan connections by
galvanized channels. Provide a braided copDer bridge strap
across flexible connections.
J. INSTALL REGISTERS, grilles and diffusers as indicated.
K.
SUPPLY Barber-Colman
IISantrols" with all
indicated.
or Tuttle & Bailey
and where otherwise
Co. "Deflectrolsll,
diffusers. registers
L. WHERE EXHAUST REGISTERS open from the same duct into two or more
rooms, they must be offset or baffled to prevent transmission of
light or sound.
M. DIMENSIONS indicated on drawings are free area. Where ducts are
1 ined. increase dimensions to accommodate insulation thickness.
2.02 FLEXIBLE DUCT:
A. THERMALLY INSULATED flexible duct tested and classified by
Underwriters' Laboratories, Inc. as Class 1 Air Duct, and labeled
in accordance with UL 181 IIStandards for Air Ducts".
2.03 FIBROUS GLASS DUCT optional in lieu of sheet metal duct):
A. DUCT BOARD must be in compliance with NFPA 90A and labeled
UL 181, Class 1.
1. Thickness: 1 inch.
2. Thermal Conductance (k): 0.23 at I';) degrees F. mean
temperature.
3. Noise Reduction Coefficient (NRC) 0.70 per ASTM C 423-66T
with #6 mounting.
4. Manufacturer/Type: Manville Type 475 with HDF facing
Micro-Aire Duct Board or approved equivalent.
B. FABRICATE fibrous glass duct in accorda~ce with SMACNA and
manufacturer's fabrication manual.
SG1- 020190
AIR CONDITIONING. HEATING AND VENT:LATING
15500 - 3
C. USE only where allowed by code.
2.04 MANUAL DAMPERS:
A. PROVIDE MANUAL louver dampers where shown on the Drawings and
where necessary for the proper regu1ati01 of the air handling
system, and so locate as to be accessibl~ after the building is
completed. i.e., by removing a marked til~~ access panel or other
approved method. Dampers sha 11 be Air Ba 1 ance No. 116, or
approved equivalent.
B. MANUAL LOUVER dampers shall have rigid channel frames: #16 U.S.
gauge galvanized blades not over 10" wide; bronze sleeve bearings
and interlinkage.
C.
WHERE LOUVER dampers or splitter dampers are
ducts, provide with Model 301, 302,900
required. Manufacturer: Young Regulator
equivalent.
located in concealed
or 914 operators, as
Company or approved
D.
FOR ALL OTHER manual dampers, provide a
quadrant and set screw. Provide bearings
shaft. Clearly mark all damper operators to
IIclosed" positions. Nark outside air dampers
settings.
hand lever with a
at both ends of the
indicate lIopenll and
to show outside air
2.05 GRILLES, REGISTERS AND DIFFUSERS (Unless otherwise shown on the
Drawi ngs) :
A. PATTERN, arrangement and size indicated on the Drawings are
Titus. Tuttle & Bailey or Barber-Colman of equivalent appearance
and performance will be acceptable. Performance shall be
certified by Air Diffusion Council.
B. DIFFUSERS: Titus PAS-AA, with V.C.D. and air deflectors.
C. RETURN AIR GRILLES: Titus PAR-AA.
D. DOOR GRILLES: Titus CT-700-BF aluminum.
2.06 DUCT INSULATION:
A. INSULATE all sheet metal supply and return ducts with 211 foi1-
faced flexible fiberglass. Apply insulation as per
manufacturer's instructions. All joints shall be taped and
sealed.
2.07 BOLTS, INSETS, SLEEVES AND ESCUTCHEONS:
A.
INSTALL
hangers
slabs.
clamps.
INSERTS, bolts, exoansion shields. beam clamos and
for supporting pipes. ducts. etc. ~here placed in new
coooerate in olacemen: before slab is poured. geam
h a n 9 e r s, e t c .; G r ; n n e 1 0 I' a p pro '/ e d e q u : ',' a i e n t .
SC'!~020190
AIR CONDITIONING. HE~TING AND VENTILATING
15500 - 4
8. INSTALL sleeves where pioes pass through walls or floors.
Sleeves: Preformed VC, galvanized steel or wrought iron pipe.
Cut sleeves passing through walls and floors above grade flush
with the wall. Install sleeves of sufficient diameter to allow
for expansion and contraction and pipe covering.
C. INSTALL SLEEVES passing through floor slabs of sufficient size to
allow for packing with Oakum and pouring w:tr h~t tar.
D. SLEEVE INSTALLATION shall comply with the regulations of the
National Board of Fire Underwriters. with National Fire
Protection Association, or local authority.
E. PROVIDE nickle plated, cast iron escutcheons where Dipes pass
through floors, ceiling or walls in finished areas.
2.08 MOTORS:
A.
MOTORS for all equipment
Specifications shall be
Contractor.
of the
by this
covered by this Section
furnished and installed
B. MOTOR H.P., voltage, etc. as indicated on the Drawings.
C.
OPEN FRAME MOTORS shall
basis; totally enclosed
temperature rise basis.
connected shall not cause
nameplate amperage.
be rated on a 400C. temperature rise
motor shall be rated on a 550 C.
The load to which each motor is
the motor running current to exceed the
D. MOTORS: Induction type of design suited to the service for which
they are used unless otherwise specified.
E. MOTORS: General Electric, or approved equivalent.
2.09 CEILING EXHAUST FANS:
A. AS INDICATED, or approved equivalent.
2.10 AIR CONDITIONING UNITS:
A. TRANE or Carrier. Compressors shall have 5 year warranty.
Provide roof curb, thermostat, down-flO\'/ section, two sets of
filters, and low-ambient down to 200F. Furnish roof mounted
units complete with factory fabricated roof curbs.
2.11 ELECTRIC HEATERS:
A. PROVIDE electric heaters as indicated on the Drawings.
SCi'1-0? 0 190
AIR CONDITIONING. HEATING AND VENTILATING
15500 - 5
B. HEATERS SHALL BE COMPLETE with terminal block. control
contactors. automatic reset hi-limit. manual reset hi-limit, fuse
blocks and back-up contactors. All components shall be in metal
enclose and factory wired.
C.
HEATERS
circuit
C.;;::k-up
operated
override
SHALL Hftl/E maximum of 48 amps per circuit and each such
shall be provided with fuse block and back-up contactor.
contactvr' shall break all underground lines, shall be
by the manual reset-hi-limit thermostat and shall
all other safety controls.
D. HEATERS SHALL BE U.L. labeled and shall meet national and local
electrical codes. Heaters shall be full area of duct.
E. HEATERS SHALL BE as manufactured by Electric Heaters, Inc.. or
equivalent ILG, Tennessee Plastics, or Valley Industries, Inc.
2.12 CONTROLS:
A. AS SPECIFIED on the nrawings and furnished with air conditioning
and heating units.
2.13 PIPE CURB ASSEMBLIES & EQUIPMENT SUPPORTS:
A. AS SPECIFIED in Section 07800.
PART 3 - EXECUTION
3.01 DUCTWORK:
A. INSTALL in accordance wi th
recommendations.
SMACNA
and manufacturer's
B. INSTALLATION SHALL BE rigid and ductwork free from rattles and
air noise when in operation.
C. FLEXIBLE DUCT:
1. Install only where indicated.
2. Install in fully extended condition free of sags or kinks,
using only minimum length required to make connection. Bend
greater than 90 degrees not allowed.
3. Do not exceed 6 feet in length from supply air duct.
3.02 SUPERVISION OF ELECTRICAL WORK:
A. THIS CONTRACTOR shall be responsible for superV1Slon of all
wiring (including control wiring) of equipment included in this
Section and shall furnish all necessary diagrams required,
including control wiring diagrams.
SCN-020190
AIR CONDITlmnNG, HEATING AND VENTIL.':'7UJG
13500 - 6
3.03 PIPING, EQUIPMENT, ETC.:
A.
ENTIRE INSTALLATION shall be
Specifications and applicable
of the equipment and shall
completion of the work.
in accordance with the Drawings,
requirements of the manufacturers
perform satisfactorily at the
3.04 PAINTING:
A. EXCEPT as specified herein, all painting will be done under other
sections of specifications. Leave work free from rust, dirt,
grease and plaster.
B. EQUIPMENT with factory applied finish shall have scratches,
chips, etc. primed and touched-up with materials which will
protect the surface and match adjacent areas.
3.05 CLEANING AND ADJUSTMENTS;
A.
UPON
other
such
made
COMPLETION of work, clean, oil and grease all fans, motors,
running equipment and apparatus and make certain that all
apparatus and mechanisms are in proper working order and
ready for test.
3.06 TEST AND BALANCE:
A. EACH SYSTEM shall be ba 1 anced to assure des i gn performance.
After final installation of all equipment, a complete test and
balance shall be performed on all air distribution.
B. FURNISH a letter from equipment manufactu~ar that all controls
have been checked for operation and calibration and that the
system is operating as intended.
C. PROVIDE a certified air balance report for system, perfol'med by a
member of Associate Air Balance Council.
END OF SECTION
5cr'1- n20 190
A I R CGrIO IT lOrn NG, HEA T! NG ANO V ~NTI LA Ii NG
15500 - 7
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ADDENDUM NO.2
FOR
EDDIE C. MOORE SOFTBALL COMPLEX - FIELDS 8 & 9
CITY OF CLEARWATER, FLORIDA
City Project No. 03-0018-PR
-'-'./
'! .'
I;, I
DATE: June 24, 2003
SUBJECT: Addendum NO.2 to Plans and Specifications for Eddie C. Moore Softball Complex - Fields 8 & 9,
City Project No. 03-0018-PR, Clearwater, Florida
TO: Prospective Bidders and Others Concerned
The Plans and Specifications for the subject project shall be supplemented and/or amended as follows:
I. Fire extinguishers Specification Attachment - was not provided in addendum no. I
2. HV AC Detail intonnation on the Air Conditioning Unit attachment of catalogue cut provided. Contractor shall
provide submittal of HV AC system tor approval by the Architect.
3. Door marked 7 & 8 do not show on the door schedule.
Answer: Please see attached revised door schedule.
4. What are planter block made oC?
Answer: The blocks of the planters are the same type of split face block as the building.
5. On page E-O I, note I through 16, items fumished and installed by owner. Does this include all breakers and or
fuses?
Answer: Item number 14, electrical panel box is provided by the owner. The owner will also provide the power
to this electrical panel box only. The owner will be responsible tor all electrical work upstream ti'om the
electrical panel box in the office space as listed in item 14. The successful contractor awarded this contract will
be responsible lor everything downstream including the installation orthe breakers and Ihses of the electrical
panel box in the offiee space.
6. On page E-O I note 14 says panel box only by the owner. Docs this include installation. and breakers, also elari fy
is this two separate panels @ 100 amp each or one 200 amp panel. and is there a panel schedule lor this work?
Answer: The owner will install the electrical panel box and provide power to this electrical panel box. The
Contractor will be required to install the breakers and everything downstream from this electrical panel box.
14 - 2-100 AMP, 120/240,1 PHASE DISTRIBUTION PANEL: SQUARE D #QOI24MIOO
To read:
14 - 1-100 ANII', 120/240, I PHASE DISTRIBUTION PANEL: SQUARE 0 #QOI24MIOO
Electrical panel schedule is provided on sheet E-O I left of the Electrical Legend.
ENI> OF AOI>ENl>lJi\1 #2
THE CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
By: IslWilliam B. Horne, II
City Manager
SECTION 10522 . FIRE EXTINGUISHERS, CABINETS, AND ACCESSORIES
PART 1 . GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including Supplementary General Provisions
and Special Conditions and Division 1 Specification Sections, apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1 . Fire extinguishers.
2. Fire extinguisher mounting brackets.
3. Fire-protection cabinets for the following:
a. Portable fire extinguishers.
1.3 SUBMITTALS
A. General: Submit the following according to Supplementary General Provisions.
B. Product data for fire extinguishers, and mounting brackets include rough-in dimensions, and
details showing mounting methods.
1 .4 QUALITY ASSURANCE
A. UL-Listed Products: Fire extinguishers shall be UL listed with UL listing mark for type, rating, and
classification of extinguisher.
PART 2 . PRODUCTS
2.1 MANUFACTURERS
A. Manufacturers: Subject to compliance with requirements, provide products by one of the
following:
1 . Ansul Fire Protection.
2. Badger-Powhatan.
3. J.L. Industries.
4. Larsen's Manufacturing Co.
2.2 FIRE EXTINGUISHERS
A. General: Provide fire extinguishers at locations indicated, in colors and finishes selected by
Architect from manufacturer's standard, that comply with authorities having Jurisdiction.
B. Multipurpose Dry Chemical Type: UL-rated 4-A:60.B:C, 10-lb nominal capacity, in enameled steel
container.
FIRE EXTINGUISHERS. CABINETS, AND ACCESSORIES
10522 - 1
2.3 MOUNTING BRACKETS
A. Brackets: Designed to prevent accidentally dislodging extinguisher, of sizes required for type
and capacity of extinguisher indicated, in plated finish.
1 . Provide brackets for extinguishers not located in cabinets.
2.4 FIRE-PROTECTION CABINETS
A. Cabinet Construction: Provide manufacturer's standard box (tub), with trim, frame, door. and
hardware to suit cabinet type, trim style, and door style indicated. Weld joints and grind smooth.
Miter and weld perimeter door frames.
1. Fire-Rated Cabinets: Listed and labeled to meet requirements of ASTM E 814 for fire-
resistance rating of wall where it is installed.
a. Construct fire-rated cabinets with double walls fabricated from O.0478-inch- (1.2-mm-)
thick, cold-rolled steel sheet lined with minimum S/8-inch- (1S-mm-) thick, fire-barrier
material. .
b. Provide factory-drilled mounting holes.
2. Cabinet Metal: Enameled-steel sheet.
3. Shelf: Same metal and finish as cabinet.
B. Cabinet Type: Suitable for the following:
1 . Fire extinguisher.
C. Cabinet Mounting: Suitable for the following mounting conditions:
1. Semirecessed: Cabinet box partially recessed in walls of shallow depth to suit style of trim
indicated.
D. Cabinet Trim Style: Fabricate cabinet trim in one piece with corners mitered, welded, and ground
smooth.
1. Exposed Trim: One-piece combination trim and perimeter door frame overlapping
surrounding wall suriace with exposed trim face and wall return at outer edge (backbend).
a. Flat Trim: 1/4- to 5/16-inch (S- to 8-mm) backbend depth.
E. Cabinet Trim Material: Manufacturer's standard, as follows:
1 . Steel sheet.
F. Door Material: Manufacturer's standard, as follows:
1 . Steel sheet.
G. Door Glazing: Manufacturer's standard, as follows:
1 . Bubble: One-piece molded acrylic.
a. Color: Clear.
H. Door Style: Manufacturer's standard design, as follows:
FIRE EXTINGUISHERS, CABINETS, AND ACCESSORIES
10522 - 2
1 . Full bubble with frame.
I. Door Construction: Fabricate doors according to manufacturer's standards, of materials indicated,
and coordinated with cabinet types and trim styles selected.
1. Provide minimum 1/2-inch. (13-mm-) thick door frames, fabricated with tubular stiles and rails,
and hollow-metal design.
2. Provide inside latch and lock for break-glass panels.
J. Door Hardware: Provide manufacturer's standard door-operating hardware of proper type for
cabinet type, trim style, and door material and style indicated. Provide either lever handle with
cam-action latch, or exposed or concealed door pull and friction latch. Provide concealed or
continuous-type hinge permitting door to open 180 degrees.
PART 3 - EXECUTION
3.1 INSTAllATION
A. Follow manufacturer's printed instructions for installation.
B. Install in locations and at mounting heights indicated or, if not indicated, at heights to comply with
applicable regulations of goveming authorities.
END OF SECTION 10522
FIRE EXTINGUISHERS, CABINETS, AND ACCESSORIES
1 0522 . 3
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area inslallalions. 'l1w
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0\\11 spccial hie-flit of
DELUXE 2500 SERIES
C/}()/illl{ Witlllu-sil/nl/cr J/mJ
6
. Two Fan Motors
- Impro\'ed Quiet SOlllld IA:wls
- l'li~her Efficicl1C}'
. Electronic TelllpemtlllC Limiting
- Redufcs Opl:rating C..osts
. Opliullal ColTosion Treatlllenl
- Reduccs the En"ccls of Coastal EIl\;ronl11ents
. Freezc Scntinel™
- I'roteets Unoccupied Rooms from Damage hy
Freezing Temperatures
. GI'; I~xclusivc Snpcrscal
- Iner'cased Room Comfort
- l~nerh'Y S.1\'in~s
. Upfrollt Joilters
- Ease 0 I' Cbm i n g
- Long Lasting Nylol1 Mesh
. C(:nll~ll Desk Control Compalibilily \\ith Options for
Infrarrd/[)nor S\\ilch St~nsnr'S
. RI:lIlol1' Thnlllostat (~IJ>ahiIiIY
· SlllallFan
- Fan (:yck Opl'l~lIi(tn I\.;l....d On lleal/{ :001 Sl'lertinn
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Grilli Options
Stampld Aluminum Grilli
RAG6D
Chassis
Exterior Architectural Louvers
Durable Polyclrbomltl:
RAG61 or RAG64 (Beige)
RAG62 or RAG65 (Maple)
RAG63 or RAG66 (Billenweet)
Extruded Aluminum:
RAG67
5500 Series Requires
POWBr Connection Kit (NI~ Slwll''')
II"/III!:,I/)
Retrofit Kits (^"~ ShOlm)
RAK901l- Will ClSe Insulation
for use with Helt Pumps
RAK40 . Deflector Kit to Idlpt
chlssis for use with Ixisting
exterior IIrchiteclunllouvered
grilles
DELUXE DRY AIR 25 SERIES
GJO/i"g Wilh IVsilltIIla [Ifal
Includn All FelltJJres of 2!iJO Series. Plus:
. Removes 25% :-'101'1' Moisturc From 'lllC Air '111:ln Olher
1..A..~adin~ Manufacturcrs' Pack;I~l'd li.:rminal Air Conditiolll'l's
. (',(Jol aud Dr)' Air in Less 'lime Ihan Standard Zondinc
Models
. Maintains Comfort at Slightl)' lliv;her RlXlm Tcmper,llurl's
. Reduces Operating Costs
. I'rO\;des Comfort Without Ovcrcooling
. Corrosion Trcatnwnl is Slandanl
. Ileat Pipe is a Separate Scaled Refrigerant S)'stem
. No Mechankall'arts
. No Special Maintenance RelJuired
. I kips Maintain Lower Relative Itumidit)' in Rooms
. Iksl Snill'd fill' llumid Climatcs
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DELUXE 2500 Series 1- DELUXE DRY AIR 25 DELUXE 3500 Series I PREMIUM 5500 Series
Featuru I
51ar..,..a M~'ocofllplIl.. Conlfl~S SUrolI,d St.llnJ.lld Stal1lJ.lld -
Ihurt, f...IUled MIC'oconllll~l'f c<.,'II~' -- ., -- SUno.rd
ROLlr) CoI,rrol KnollS SU'>:la,d SUIIlJ.lld Sland.lld -
I1CllO! TOtl<h Pad Controls ",Ih UO - -- - SUno.rd
lJnNtfl.dl HOJlerSif'ow<' Conncehon K.t - - ,- SUno.rd
Sorrd SUte lhellnnsLll SU<>ddrd Standard St.lnlJ.lId SUnditd
CUI1UolIt<J ManU.JI Venl Control SU.........ard StaruJ.lrd Slan<l.l'd SUno.rd
llptrCt11 f.her SU'>:la,d Sland.lId Sland.lId SUno.'d
A.d[J(/1,JIIC 10000' f'OSl Conl.ol Sanaa,d Slan<l.lrd Slan<l.lrd SU~'d
COllwon Trealed ChaSSIS ~I SI.md.Jrd Oplll""'1 pt."
2 p~ Discharoo Gr.t.e SUnd.lnl 5t.Jnr!.",1 St.Jnd.1rd SUno.rd
fan MoIOlS 2 2 2 2
.Snurtf.Jn' fan C)<:1e Conlrol su.">d.lld Slanw,d Slan<l.lr~ SU~rd
ran (}:III Setllng " 2 Speed sanaard SlJndJld SlJn<l.l,d SIJ~,d
,..fOCt ran Speed tt.1.oto HVAulo ItVAldo HVlowl,l,oIO
Slaged Healing - -, 2'SlJQll 3-5UQe
rreeze Senlinel'. sanaard Standard SI.Jnda'd SU~'d
- -
Temp.,.ture 1I1ll~"g EloctrMoC: 1 slop Elec1rOl1Ic 1 slep Electronic 7 sl'p Elcdronoc 7 SIl'P
-
Re""J! CMtrol COI1'palJbiltty Su-'l(j;jJd Standard Sland.lld SU~rd
Cenl,i11 0.,\ CoOllol Compatibility SUndard Stand.lId Standard SUoo.rd
SerW..e loolCillor -. - - SU~rd
Heal Pl1mp wHI! Rtsisla"", Ileal ~cI.lJI) - - SlarKlard SU~rd
Heal Pump with Supplemental Reslstal1ClllteJl - - ..- SUll<la,d
Aulom.J11C [filer QilfICy He.1t - - 51anwrd Sl1~rd
[lctlrr. ReYstance lfeallO<.lJx.t -. - - SUll<la1d
Ileal Pump Detrosl System -. -- Passive Reverse C)tie
Inle,u CMdensatc RelllOVill (ICR) - -- Opllonal 0pI1ONI
Ollkk He.lt Recovery - - StarKla'd SU~nl
SeIl.O<aQonstlcs - - - SUll<lard
,1,1110 f?Ne' Recovery SUnd.lrd StalllLlId Standard Sl1~,d
~LUXE 3500--5-En. L~U J PREl\HUM 5500 SERIES
I
I
I
I
I
t,
i
i
~
I
1
i
\
I
I
~
r,()()lin~ wil" Ilrlll Pllml/II1/// Ursi.\lllllrt' Ilml
IncludBs All FeallJms ol25lJO Serills. Plus:
. Reverse Cycle Ilcating
- Enetl..,)' Savinh'S On'r EleClric Resislance Ilcat
- Significantly Lower- Opel~lling Costs
. I kall'ump Operation Down To 2:)oF Outdour TelllpemlII re
. TWfr..'ilage 'Ilwnnoslat For Quicker I kat Reco\'ery
. Optional Faclory Inslalled Inll'l'nal C.Ollllellsatc RemO\~II (ICR)
. Minimil.es Need For Iklin Syst(~ms
G)()lill~ 1111h Ilral I'lIml/lIl/1/ Ul'.u.l/mlrl'~ /Ifni
Includlls Al/ nBtvrss 013500 S.riBs, Plus:
· 'I\vo Fan ~folor System With 11111001' Cmss Flow l\Iower
- For Quieter Oper.lljon
· Ileal Pump AIllI Resislance Ileat Can Opcmte'lilgether
- 1\1' II er Roo m Co m fort
- Rcllll<:es Opcr.lling ('.osts (h'cr All Slanllard}leat
Pump Systems
· Digitat Controls
- LED Tempcmture Display
- E;L\l' 'lclIlpemlllre Selection
- Taclile 'Ihuch Paris
. Reverse Cycle Defrost
. Extends Ileal Pump Opl'I~llion
. I.owers OpemTing C.mls
· Elect.;c Re~i~lancc IleaT I.()("kout
- Lowers Opemting C(1~IS By Rl'slricling EleCTric Ileal
Op('I~llion \\lll'n Outdoor 'lbnperatme Is Ahove .\ljOI~
7
I DELUXE MODELS
~500 AND DRY AIR 25 SERIES - HEAT/COOL UNITS
3500 SERIES - HEAT PUi\lP UNIT
STANDARD MICROCOMPUTER CONTROL..~
Central Desk Control Compatible
:\lullty 10 lilt II the unit "Oil" or
"nff" florn.t r('molt" ItK-.tIlOIL
Two Fan Motors
(Sol \'uihf,)
S<'p.u.lIl'moItH!\
Cor lIulO(ll .uul
outduor f.m~ 10
d.\.,urc quiet
(IJ.w.."r.tti(HI.
Reversible Louver
(1\'0/ Slllm',,)
Ma,"' Ix.' u'\'CrM'cl tu
pn^,de;m .lir
cli\Ch~lf~l' .1n~lc of
.10 or ,,0 "'>.'f"'" off
\'('rrjc";,1 with till' simplc'
rc'rne I\',llllf six M'IC''''''\.
Manual Vont Control
Op('n~ \'('ul. Plu\id,', up In 70
CFM uf CllI a. lour .lif. Tllt~
( lo~..ct po~itiun ~I\l"' ('II('I~)
It), 1('(ir(lIl.uill~ nUHlititll1c'cl
100111 ~,ir
Easy Access Filter (,Vo/ ShOIl"')
Two IIpfrnnt lille"'" .Ut' 1'.111 of
roolll.\ulc cah!l1t"t lor (".,~' ,In. C'\.l\
~Inci II101inl("Il;1I1re.
Freeze SentinelTll
l'II,,'ifh'\ ,I1II1Hualir pUJI,'rlifJO a~.limu
hn'/inK hy !willhin!,: thc IInillll 11<".11
~hn\lltt the Icmpc.."-;lllIrl- (If an
IIIIIN. cupit'lI foom drup In '11-F.
Auto Frost Control --
" ~1H.'d.11 ~n~or II1nl1ilun thr nunll'd.h'
loi III PIl"';C"111 l"Iriric'lIf)'-ruhhinJ.;
.u nll"ul_uio" of ho'\l dminK ('unIiIlK
cI,K'r.llitm.
W8IIther Protected Electrical
Components
( )n in\idl' 01 h;arrlrf.
THE NEWEST INNOVATION
FROM CE...THE DRY AIR 25
'1111: Dry Air 2:' features innovative technology from HI'I: an addition
which I:nahll's Ihis unil In rl'mow 2!i% more moisllll'e from the air
lhan ollwr 1t';lllin~ lIIanu(;lClurers' 1II1l11ds. The Dr)' Air 2!i ~'YSIl~III,
1 kat Pipe, is a hermetically sealed heat tJ.\IIsfer slll'face that is saddle-
hagged around the indoor cnil (empor.llor) of Ilw i'..oncline. This
coil arr.mgelllcnt will tr.msfer heat frolll one coil to anolhcr withuuI
power rnnsumption. This assembly uses R-22 as Iht' refriger.lnl and is
i.;olaled frolll the fl'!,'lllar Zoncline rdiigenmt circuit.
Ao; warlll hUlllid air is pullt~d through Ihe pre-colIl scction of the Ileal
Pipe, the heat removed fmlll Ihl: air is ahsortx:d hy Ihe n:frigemnt,
causing the rdiigelO\I1t to boil. As the pre-i"ooled air passes through
Ihe Zoneline e\OIporator, tlw air is further rooled (colder Ihan it
would he normally), rClllming 25% 11I01'1' lIIoisture from the air than
olhl'/' leading manufacturers' packilgl'd lerlllinalunil.o;.
Ao; thl' rllld air passes through 1111' reheal section of lhe lleat Pipl',
Ihe rd'rigl'/'ant rondc'nses aud the liquid flows hack to tlw pre.root
...."tion toll/' rdwalt'd ag;lin. TIll' air di"dlal~ed into the room
bv Ihis prnn's.o; io; llInrh tlrkr. nl'atin~ a lIlon' \omfortahll'
Il 1'0"111 (cllldilioll,
Electronic Temperature Limiting
// PI.t.'\('( UJOHllh amd h('.lImK hmiu wilh
-; mdqx.'lull.'l1t l"oolin~ ,IUd -; IU'.lIillJ.;
hmil\ - '01\'(" l'lll'lh,). by JHC'\t'n.lln~
/ ll\f'r"'1:ooliuH III 1I\"('f"h('.llil1~ OllfltlIB\
.SmartFan"
Fan Cycle Selection
Sckn 1.11I I'\'fl<' or I.n
f(ll1tinlltu" 'ilHkpcndrtlll\'
(or hr.HiuK .1f1lIll"lhn~ '
Room Occupancy
Sensor Compatible
Itc'.ul). fell f\Hlnt'(liol1
In ItoulII (x nlpJnn'
SC'IIMH S\'!<ll("tn .
Rotary Comprlnsor
With h'w"r 1II0\1111l
1'.11" IhOlIl
Jt'd\JlCH.-.llitlh
mOt c'I\, tur tluirl.
(('Ii..hle I)J)('r.llinn
01111\ hmKrr life.
GE Ory Air 25 (SOl Shou..)
Inn"""i\'(' ICl.hnnl<'W, frum I WI'
rI13hl('s Ihe Dr)' Ail.!!, tu rCIIlU\'C' ~5%
mort' mni!ittu(- frum thl- Olir 11I.m ulhcr
leouting lIIallufarllllcu' padc.;'IHt.'d
Irnninal air condilioners.
Attached PoWltr Cord
In Storage Area
Remote Control Compatible
'\hilil)' (II he contrlllled II)' " ""II
IIllllllll,'ellhrrlll"'I;1I with 111(:11
III LOW r.m 'I",cel,
SPECIAL CORROSION PROTECfED UNITS
To help extend the life of Ihe Zoneline ill seacoast areas, some
Deluxe Zonclines may he ordered with a special corrosioll
proleclion treatlllent on outdoor compollt'nts amluscs stainles.,o;
steel hardware. i'..onelines with option at Corrosion I'rotection
have it 'C' in the I (llh chanlcter of Ihe llIodel nllmlll'r.
INTERNAL CONDENSKrE REMOVAL
Amilahle 011 the :~50() and 5500 heat
pllmps, Ihis featurt' drips Ihe heat pUlllp
condensate over the warlll indoor coil 10
help dissipate water fmlll heat pump
opemtiun and associalt~d del'mst cycles. The
inslallation of an intt:rnal or external dmin
systelll is recollllllended if no dripping of condensale 10 the
outdoors is desin'd. ICR IIIl1st not he inst;ll1ed in
seacoast or cOlTosiv.: applications.
~1J1
I
RECEPTACLES / SUB-BASES
f;) ~ ff)
~
~
265V 15 Amp
NlMA7,l5/l
AAK2lUD30
230.'208
30
11[1,4A/i,3OR
~
~
Z65V 20 Amp
NlMA1 2O'i, 'ecUl'lallu U5t.'<l
on 2G5V s.l' hale GlOnO,J
RAJl204E15
265
15
II[MA7.150
RAK2114E20
265
20
I/[MA7.20R
Q)G
, '"
w
265V 30 Amp
MMA1,JOR. Il'Ceplacle used
'~I '265V sub hase Gron
265 Volt units are to be direct connected, Cordsetthrough enclosed chaseway into interior sub-base receptacle meets the NEC requirements.
10
Tandem
rnnOfN 15 Alrp
NlMA&-7O'1
Perpendicular
'l3QfZ0fN '20 Amp
Nf~\A6iOll
Large Tandem
730/200. JO Amp
/i['.\:'6JOR
Sub-bases
VoIlage
"'-nps
RKtllUde
RAK2lUU
N'A
NlA
NlA
RAK2lUDn
2311'208
15120
I/[V.A6-2()R
.
DELUXE LINE:
2500, DRY AIR 25 AND
3500 SERIES
Heater Table
Voila e
23Jf208
m'208
2)'J12()8
265
265
265
Models arc manufactured \\;ll, fixed heater
\,~.lIlages \\;Ih the appropriate power cord
atL,chcd (all 265 volt models arc permanently
cOImected). :>.0 KW hc;llers arc not a\~,i1ablc
on i 000 BTlJlllllocle1s,
",---~ ----..-----.----.-
------------~~
HI,I..
Am
I1lYl0 0
151Y13.6
217/197
96
1~ 0
189
Hlltll
Dasl nalo.
2
3
5
3
4
5
Deluxe Sertes i :OOUna & EIeclJ1c Heat
b 2500 Sarle. Unltl
AZ25[D70 "'"' I AZ25EotD I AZ25[120
23G12OIY "...11I
CIUatl
CooIflQ 8lUH
[[R (BT\JIW,nl
Oehu"""'fabOn I'lsMr
SMgOle Holt R,lio a 230 Volts
CHI. 1nd00f Fan Higl1
o U. Indool tan low
Vem aM
,-~...,
P~ Faclor
W~1lI
o\mpofes. F L
ArnDt.es. LR.
w.1eItt 11lt\lSll111"
So.1l4I T~I.lon CIaIlS1C
7.10016.900
118/118
1.7
75%
240
210
4G'35
95
61(1'595
2&'30
190
921108
28
zev ...... AZ25ED7E
c.,..."
CooIflQ BTUIi 7.100
[ER (BTUtNal1) 11.8
D61u'ndrfalton P1s1Hr 1 7
SenSJOle Holt Ralta 0 265 von, 75%
OM Indoor tan Hion 2~0
Cfl.l, IndoOr Fan low 210
Vent (11.1 40
Powt.i1UIIllI'
POMl raclo, 96
Wins 610
Arn~.FL 2,4
o\mpofes. L R. 160
w."", 11lt1/Slll!l1" 91.1\08
Se.1l4I11I"""IalDI Claa (SIC) 28
'for llr1 Alr 25 modellt~mb~,. ,,"lQll.lte .es."otctIYl! n-~t.. n1J'11:lo.lISlIlQ dlolll a~ lono....
. . tCJ1 i10S 3 Pllundslo Ulllt we'9hl
-----------
9,000.'8.800
_ 115111.5
27
68'1\.
260
230
~
11.700'11.500
1091109
36
67%
270
20&0
7ll-fi5
96
79S1780
36/39
210
931109
28
97
I 09~1 075
H~3
330
1011117
28
Al2SEOtE
AZ25E1U
9.000
115
27
68...
260
23il
65
11.700
\09
36
67%
270
240
70
9-l
795
32
180
93/109
28
by tho I.n~r . P-
94
1095
44
240
1011117
28
Wills
255012090
3450128.."0
500014090
2550
3700
5000
AZ2s( 150
14,60011000
96.96
45
67%
310
280
70$5
~
152011490
701lS
380
111/127
28
AZ25[T5E
14(j()(J
96
45
67%
310
280
70
96
\520
GO
310
111/127
28
KWll
2.5512,09
3.4512.82
5.001409
2,55
3.7
50
Dry Air 25
AZ25[070*P
6.80Oili,6OO
11.1111.1
2,2
68%
230
200
4005
95
6101595
211I30
190
98/114
28
lZ25[07E*P
6.800
111
22
68%
230
200
40
96
610
2,4
160
981\14
'~-
Mlnlmlm
Am .cl
15
20
30
15
20
30
RAJl2lUE30
265
30
NEMA7,30R
BTUH
B,ooon.loo
11.700'9.600
17 00CV13 900
8.600
12.600
I~~
DIY All 25
AZ25t:09D*P I AZ25E12D*P
B 60018 400
108110.8
3,4
58%
230
200
6Y6O
96
79S1780
36139
210
99/115
28
AZ25ElItE*P
8,600
108
34
58%
230
200
65
94
795
3.2
180
99/11 5
28
11.20<Vll,OOO
1021102
45
57'10
240
210
7Mi5
97
109511075
4~3
330
107/123
28
AZ25E1U*P
11,200
\02
45
57%
240
210
70
94
1095
44
240
107M3
28
I ZONELINE@ CHASSIS NOivIENClATURE
'nil' ZOlldilW ch;L~sis is identifil'd hya rllodd IIl1mher dl'linillg 11ll' t~1le of IIlIit, colllillg caparil)', ekcllkal illlill'lllatillll alld IlPtional
li'alllll'S illchult-d Oil thl' IIlIit. \\'llt'n spl'cilYing 01 ordering thl' ZlIlIdine chassis 11M' of this nlll1ll'nrlatllll' ",ill aSSlllt' rl'cdying thl'
('OJ'Jl'ct IIlIit.
A Z
L-Z
2
5
E
!!
o !)
~
Example
E ..
Q ~
p
Q
L
Special Features
I3 - Base Unit
C - Corrosion Tn:alt:d
[) - Intt'mal ClIndl'lIsatt' Rt'IllO\~11
(lCR) SrSll'lII (l kal 1'1111I1' ~Iodds Only)
I' - Dry Air 2:)
5 5
5500 Universal Power Connection
(st'(' I'n'lIIiulll Series Models. see page II)
2500, Dry Air 25 & 3500 Numeric
Dcsil!nator of Hcater Size
~3o/20H Voll 2li5 Volt
2 - 2.55/2.ll!1 kW :~ - 2.55 kW
3 . :t4:)/2.H2 kW ., - 3.7 kW
:; . 5.11/4.ml kW :; - 5.0 kW
Voltaee/Phase/Frequencr.
D . 23D/20R \'nlt Single Phase bO III
E - 211!l Vult Single Phase GO HI.
LIMITED 2ND THROUGH
5TH YEAR PARTS WARRANTY
For the second through the fifth year from date of original
purchase. General Electric will provide, Iree of charge, parts
that fail as a result of a manufacturing defect. Parts covered
are fan motors, switches, thermostat, heater, heater
protectors, compressor overload, solenoids, circuit boards,
auxiliary controls, thermistors, Freeze Sentinel, frost controls,
ICR pump, capacitors, varistors, and indoor blower bearing.
This Is a limited parts-only warranty, and does not include
labor or transportation to and from the service shop.
All warranty service will be provided by our Factory Service
Centers or by our authorized Customer Care- servlcers
during normal working hours.
@ Listed by
Underwriters'
iii> L laboratories.
c@
.ee
GE has a policy of
continuolls iruproyel1lel1\ Oil
ilS ,JfOducts allll r('S(:r\,('s the
rig It 10 change materials ami
spedticalions withollt JlOlin~.
-
GE Appliances
Zonelinc'" ~
Packaged Tt'I'millal Ch;L~~is
Cha'isis Series
~:;. Ildllxl' Lillc~ Cool/Elertrk 11(';11
:\:) - Ilchlxt' Lint' I !toat I'lImJl
:1:;' I'rel1lilllll LillI' Ileal I'lIl11p
Unit Type
E - Cooling Wilh Elerlrir Rl'sislance Ilt'at
II - lleat I'lIlIIp with Elcrtrir Resisl;mce lleat
Nominal Cooling Capacity
ll7 - 7,OOQ BTUII Coulin~ I ~ - 12.1lO0 UTUII Cooling
OV - !I,OOO BTUff Coolin~ 15 - t:;,OOO BTUII Cooling
ZONELINE@ WARRANTY
WHAT IS COVERED
FULL ONE-YEAR WARRANTY
For one year from date of original purchase. we will provido,
froe of charge, parts and service labor on site to repair or
replace any part of the Zone/fne that fails because of a
manufacturing dofect.
FULL FIVE-YEAR WARRANTY
For five years from the date of original purchase, we will provide,
free of charge, parts and oo-site service labor to repair or ropIace
any part of the sealed refrigerating system (the CO/1l>ressor,
condenser, evaporator and all connecting tubing) that fails
because of a manufac1uring defect.
SEE WRITTEN WARRANlY FOR DETAILS
Zoneline@ Packaged Terminal Units Specifications
For rlt:lailccl infill'lllalion 011 oper.lling specilications, installation clata and acn:ssories, see the
r.l~ fill/rlinl' Archill'd,l llllll RlIgillffrs /)r,liW/ Dala Mmll/lll. (pub. No. 20-S0701')
GenIJr,1! [IDe/fie Corn/nflI'
lou/.wtl!!!. KefltllcJ.y 40225
www.GEAppliances.com
For GE applianco sorvico
in tho US,
call/-BOO,GE-CARES
In Canada call
/-800:36/-3400
Pull Nil 70 S~
0111f6\ 9'0'
Meeting Date:
PD I
3~
1/17/03
.
Clearwater City Commission
Agenda Cover Memorandum
\Vorksession Item #:
Final Agenda Item #
SUBJECT/RECOMMENDA TION:
Approve position increases for the Police Department of 4.3 FTE to staff an additional fifteen school
crossing guards,
~ and that the appropriate officials be authorized to e\ecute same.
SUMMARY:
. Effective for the 2003/2004 school year, Pinellas County School children will be able to attend the
school of their choice. Students living within a two-mile radius of a school might be required to walk.
Because this is a new program, the School Board is unable to provide specific information at this time
to identify how many children will be walking to specific schools; and the final FTE could increase or
decrease.
. Several roadways have been identified as unsafe for children to cross by themselves and will need to
be monitored for safety concerns. Due to new construction of roadways in the county, some
roadways for example Keene & Cleveland, Keene & Drew and Keene & Union will require two
personnel to monitor each post.
. This not only affects the children that attend school in Clearwater, but it will affect the children that
live within the city limits attending a school in another jurisdiction.
. The shortage of school crossing personnel is shared by both Largo and Sheriff's Departments, and
they will assist in coverage in many enclaves around the city where needed.
. Due to the hours and new post locations, the Police Department will not be able to use existing
crossing guards from other locations to fi II the positions.
· The Police Department will need to begin the hiring and training process immediately in order to be
prepared for the new school year that will start in August 2003.
. Uniforms and equipment can be purchased from the Police Department's current operating budget.
. The addition of these positions will impact the budget in the amount of $19,346.60 for 2002/2003
and expected cost of $85,984.90 to be included in 2003/2004 budget.
Reviewed hY;r.
legal ~
Budget -L-':;
Purchasing N/A
Risk Mgmt N/A
Info Svc N/A
Public VVork;---~-/
DCMlACM' R)-
Other N/A
Originating pep):
Polic~~ /~.
o Prepared by: Sherry Hunt
User Dept
Polic '..:/ / ~
Attachments
Costs
Total $19,346.60
Current FY $19,346.60
Funding Source:
(I N/A
OP N/A
Other
Sl!bmitled hy: "D' II 1J,.",......tL
City Manager r;>W ....
X None
A ro riation Code: 010-1138-510200-521.000
Rev. 6/03
Meeting Date:
PD'~
~:s 3
7/17/03
, .
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #:
Final Agenda Item #
SUBJECT/RECOMMENDA TION:
Approve an agreement between Clearwater Housing Authority (CHA) and the Clearwater Police
Department for Clearwater Housing Authority to fund an additional two FTE positions providing services to
Jasmine Courts for a period of two years with inclusion of a one year renewal option,
lEI and that the appropriate oiiicials be authorized to execute same.
SUMMARY:
· Jasmine Courts has experienced increased criminal activity since the expiration of the Public Housing
Drug Elimination Program grants. Elimination of those grants required closing the Jasmine Courts
Sub-Station.
. The Clearwater Housing Authority is allocating $100,000 for the funding of two officers and a vehicle to
be dedicated to Jasmine Courts to maintain police patrol presence. Additionally, the Clearwater
Housing Authority will provide suitable space to be utilized as a substation for the assigned officers.
. The $100,000 first year funding from the Clearwater Housing Authority to the Police Department will
establish special project code 181-99295, titled "Jasmine Courts". The deposit of $100,000 for the
funding balance of the agreement due on July 1, 2004 will be deposited into this special project code.
. The terms of this agreement shall be for a two year period commencing July 1, 2003, and will include a
one year renewal option. If additional funding is not allocated, these positions will be eliminated at the
end of the agreement period. A copy of the agreement is available for review in the Office of Official
Records and Legislative Services.
Reviewed by:
legal . ~
Budget I
Purch N/A
Risk Mgmt N/A
Info Srvc N/A
Public Works
DC.....VACM
Other
Originating.o.~jJt: "p;
Police ;;t4-~ r7-
Prepared by: Sherry Hunt
User Dep.t.
Police iI: #' L....t
Attachment~
Costs
Total $100,000
Fundin~ Source:
Current FY N/A (I N/A
OP N/A
OlhN $100000
Submitted b)': -])'.. IJ
City Manager ~ ~ ~
Printed on ~c1ed paper
X None
A ro ni.1tion Code: 181.99295
Rev. 6f03
.)'(P' r~:>.
.... .. . ,.j ,
-,.;
Jw: PDL
. 'j.
, ..
......1 ~ ~ I j .
I y.J
. .
, ~.
June 10, 2003
'- ~
P~;J/~;h ::.. .f
Chief Sid Klein
Clearwater Police Department
645 Pierce Street
Clearwater FL 33756
Re: Agreement for Services at Jasmine Courts
Dear Chief Klein:
Jacqueline Rivera asked me to forward you a copy of the draft
Agreement between Clearwater Housing Authority and The City of
Clearwater, as well as the Resolution passed by our Board of
Commissioners on May 30,2003 that authorizes this Agreement.
Ms. Rivera will be back in the office on Thursday afternoon. Please
call her at that time if you have any questions or suggested
changes to this Agreement.
Thank you.
C/(likltLU l- t~.kb'lgh
Connie McHugh
Executive Office Manager
:cem
Enclosures
Resolution No. 03-24
RESOLUTION
A RESOLUTION OF THE CLEARWATER HOUSING AUTHORITY APPROVING A
CONTRACT WITH THE CLEARWATER POLICE DEPARTMENT FOR SECURITY
SERVICES AT JASMINE COURTS.
WHEREAS, It is the purpose of the Clearwater Housing Authority to provide dignified
and desirable housing for its residents; and,
WHEREAS, Jasmine Courts is Clearwater Housing Authority's largest public housing
family community; and,
WHEREAS, Jasmine Courts has experienced increased criminal activity since the
expiration of the Public Housing Drug Elimination Program grants; and,
WHEREAS, Clearwater Housing Authority funds from the Capital Funding Program and
from the Public Housing Operating Budget may be used for security services,
BE IT THEREFORE RESOLVED that the Board of Commissioners has approved
contracting with the Clearwater Police Department for two officers with a squad car, to be
dedicated to Jasmine Courts for a period of two (2) years, with an option to renew for one (1)
year, at a cost of $100,000.00 per year.
On motion of Mr. Ethington, seconded by Mrs. Warren, the foregoing Resolution was
adopted on the 30th day of May, A.D., 2003 by the following vote:
ROLL CALL:
AYE
NAY
ABSENT
Robert Aude
x
William Ethington
x
Terry Byrd
x
Deborah Woodard
x
Carol Warren
x
. . ._-. ---.
Attest:
~"ctc
Chairpe on, Clearwater Housing Authority
Robert Aude
sjng.A~!hority
AGREEMENT
BY AND BETWEEN THE
CLEARWATER HOUSING AUTHORITY AND
THE CITY OF CLEARWATER
This Agreement made and entered into this day of ,
2003, by and between the Clearwater Housing Authority (hereinafter referred to as
"the Authority"), and the City of Clearwater (hereinafter referred to as "the City") is
for the provision of specific police services associated with the Authority's Jasmine
Courts Community.
Whereas, the Authority desires to contract with the City for additional police
services to create a drug and crime free environment and to provide for the safety
and protection of the residents of Jasmine Courts; and
Whereas, the City, by and through its police department, desires to assist in
the effort by providing effective police services at the above named community;
Now, therefore, in consideration of the agreements contained herein, the
parties do agree as follows:
ARTICLE I.
SCOPE OF SERVICES
The City agrees that the services rendered by the assigned personnel under this
Agreement are in addition to baseline police services.
The duties and extent of services of the assigned personnel shall include, but shall
not be limited to:
A. The City, by and through its police department, will provide a two police
officers at Jasmine Courts to perform specialized patrols to enforce all state and
local laws and the Housing Authority rules specified in this Agreement. Sworn
officers shall at all times remain part of, suhject to, ann in direct relationship with
the police department's chain of command and under police department rules,
regulations, and standard operating procedures, while serving as official agents of
the Authority.
B. The City agrees to assign police officers to targeted areas (directed patrol)
during specific periods of time identified by the Authority and agreed upon by the
City as high crime or high workload periods to maintain a police patrol presence.
It is understood by all parties that the officers assigned under this Agreement have
general law enforcement authority within the City and the City reserves the right to
dispatch these officers for short term service outside Jasmine Courts in cases of
emergencies requiring police attention. It is also understood by all parties that the
Authority will not be required, nor responsible to pay for those times as described.
C. The City agrees that the police department will employ a community
policing concept that will assist in developing or enhancing crime prevention
programs in the public housing communities.
D. The City agrees to collect and provide officer workload data for Jasmine
Courts, as specified statistics under Article III.B. Reporting.
E. It is further agreed that to the extent necessary, the assigned personnel will
appear as witnesses in the Authority's administrative grievance procedure, civil
dispossessory hearings or other civil or court proceedings ..,,-,here the issue
includes criminal or quasi-criminal conduct in or near public housing developments
involving any resident, member of a resident's household, or any guests or guests
of a resident or household member.
F. Without limiting any of the foregoing, the City agrees that with respect to the
services to be performed by any police personnel in accordance with this
Agreement, the appropriate police department Patrol Commander or Supervisor
will meet with resident leadership and management representatives of the
Authority on a routine basis for the purposes of reviewing the enforcement and
prevention efforts and planning for future changes or modifications anticipated by
this Agreement. These meetings shall occur at least monthly.
G. The City agrees that a policy manual exists to regulate police officers'
conduct and activities; all police officers have been provided a copy of the policy
manual; the department has a signed receipt from each officer that he/she has
received and understands the contents of the manual; and personnel have been
trained on the regulations and orders within the manual.
H. The City agrees that it will provide the assigned personnel with such basic
equipment as may be necessary and reasonable in order to allow the police
officers to carry out the duties anticipated under this Agreement.
I. The City agrees in addition to enhanced basic police coverage, community
policing services will include the development and coordination of community
partnerships working in concert to provide the following services:
1. Neighborhood Crime Watch Program
2. Bicycle Registration Program
3. Vehicle Registration Program
4. Resident Association Consultation
5. Problem Tenant Meetings
2
6. Volunteer Patrol
7. Field Trip Program
8. Green Team Program
J. The police department shall designate a supervisory officer as the
Administrative Liaison Officer, who will work in concert with the Executive Director
of the Authority or that official's designate.
The Administrative Liaison Officer will perform the following duties:
1. Coordinate the dissemination and processing of police and security
reports, provide supervisory assistance, and coordinate in resolving
problems or in carrying out the provisions of this Agreement;
2. Establish and maintain an ongoing line of communications with other
police personnel;
3. Prepare monthly progress reports and evaluations of services
requested and provided under this Agreement for review by the Executive
Director, by the Police Chief, by the appropriate Deputy Chiefs,
Commanders and identified community representatives, and by political
leadership, e.g., mayor and city commissioners;
4. Provide assistance or advice for the planning and implementation of
other security programs within the Authority.
K. The City will at all times provide supervision, control and direction of work
activities and assignments of police personnel, including disciplinary actions. It is
expressly understood that the police department shall be responsible for
compensating its officers and providing all employee benefits, as well as providing
worker's compensation coverage for any injury to its officers while they are
performing their official duties.
SECTION TWO:
SERVICES PROVIDED BY THE AUTHORITY
A. The Authority will provide the following services:
1. Orientation and familiarization with the public housing communities
for the assigned officers; and;
2. Orientation to the lease contract and lease compliance enforcement
procedures and policies.
B. The Authority will provide the following in-kind accommodations, services
and equipment:
1. Accommodations - The Authority will provide suitable space to be
used as satellite offices at the site targeted for additional police services.
3
2. Services - The satellite officers will be supplied with utilities (water,
heat, electricity, telephone) and routine and extraordinary maintenance by
personnel of the Housing Authority.
3. Equipment - The satellite offices are to be supplied with any other
additional equipment mutually agreed upon in connection with the
performance of this Agreement.
4. Modification/Damage - The Authority will make reasonable
modifications, including minor structural, electrical and mechanical changes
to the accommodations provided in order to meet the City's operational
needs. Any damage to the unit or equipment provided by the Authority for
City employees, which the Authority determines to be above the normal
wear for the item or accommodation, shall be repaired or replaced by the
City at the discretion of the Authority.
ARTICLE II.
ENFORCEMENT OF RULES AND REGULATIONS
A. The City, through its police officers, is h.ereby empowered to enforce the
following Authority rules and regulations:
1. Unauthorized visitors in unoccupied structures of the Authority shall
be removed.
2. Unauthorized visitors creating disturbance or otherwise interfering
with the peaceful enjoyment of lessees on Authority property shall be
removed.
3. Unauthorized visitors destroying, defacing or removing Authority
property shall be removed and/or criminal enforcement actions shall be
taken.
With regard to the foregoing rules and regulations, the City's police officers are
hereby authorized to give criminal trespass warnings to any persons found in
violation of said rules or regulations, i.e., to give notice to any violators that their
entry on the property or premises is forbidden and to arrest or cause the arrest
and prosecution of any violators, when appropriate.
B. The City, through its police officers, is hereby empowered to enforce the
following Authority rule or regulation:
The tenant and any visitors to Authority property and premises shall refrain
from, and shall cause their households to refrain from parking vehicles in
any area other than parking areas designated by Authority management.
With regard to the foregoing rule or regulation, the City's police officers are hereby
authorized to have removed any and all vehicles found parked in violation of said
rule or regulation, pursuant to established City procedure for impounding vehicles.
4
C. The City, through its police officers, is hereby empowered to enforce such
additional Authority rules and regulations and perform such other duties as shall
be specified in any addenda attached hereto or incorporated herein now or in the
future.
D. Nothing herein contained shall be construed as permitting or authorizing
police officers to use any method or to act in any manner in violation of law or of
their sworn obligation as police officers.
ARTICLE III.
COMMUNICATIONS. REPORTING AND EVALUATION
A. Communications
1. Access to Information
Consistent with public records laws, the City agrees that the Authority will
have unrestricted access to all public information which in any way deals
with criminal activity in any of the Authority's communities. It is further
agreed that the City police department will provide to the Authority copies of
such incident reports, arrest reports or other public documents which
document or substantiate actual or potential criminal activity in or connected
with the public housing developments. This information will be provided at
no cost by the City police department on a regular basis in accordance with
specific procedures that have been or will be established.
B. Reporting
1. Forms
The police department will require all assigned personnel (police officers) to
complete a daily log. The Authority will be provided a monthly report. This
report will include, but 'Nill not be limited to, data as follows:
a. Hours worked
b. Calls/request for service
c. Referrals to other agencies (Battered Woman's Shelter, FIC)
d. Suspicious persons
e. Vehicles abandoned/towed/stolen
f. Drug paraphernalia confiscated/found
g. Arrests/citations of both residents and outsiders
h. Property theft
i. Counseling of residents and visitors (educational
presentations. etc.)
5
j. Criminal mischief
k. Conflict resolution, e.g., resolved apparent or actual conflict
between two or more people
I. Weapons violations/seized
2. Media Coordination
The police department will relay to the Executive Director or their designee
information related to any major crime or incident that occurs on Authority
property, preferably before the media is informed. or as soon as possible.
C. Evaluation
The City and the Authority agree that a monthly evaluation shall be
provided by the Police Department and will include:
1. Hours worked by police officers
2. Arrests (to include drug violations)
3. Vehicles towed
4. Positive contacts
5. Trespass incidents
6. All Uniform Crime Reports (UCR) for Jasmine Courts and Homer
Villas
7. Calls for Service (CFS)
8. FirearmslWeapons
9. Property theft
10. Community feedback
It is further agreed that the City will provide comparable crime information
for the City as a whole to facilitate the valuation to include what proportion of
activities City-wide occur on Authority property.
ARTICLE IV.
TERM OF AGREEMENT
The term of this Agreement shall be for a two-year period, with an option to
renew for one year, beginning July 1, 2003.
ARTICLE V.
COMPENSATION TO THE CITY
A. All compensation to the City will be made on a cost reimbursement basis, or
the City will be prepaid for expenses as specified in this Agreement with the
Authority's approval. The Authority will reimburse the City for salaries and fringe
6
benefits for the assigned personnel performing the services specified in this
Agreement in a total amount not to exceed $100,000 for each year of service.
B. The Authority shall reimburse the police department on a quarterly basis,
upon receipt of performance of the proposed services and evidence of authorized
expenditures, or the City will be prepaid for expenses as specified in this
Agreement with the Authority.
C. The City shall provide the following documentation in requesting
reimbursement:
1. Copies of Certified Payroll Time Reports documenting names,
employee identification, hours worked in public housing developments,
supervisory approval of the report.
D. All requests for reimbursement are subject to the approval of the Executive
Director, or that official's designee, and the Authority shall thereafter make
payment of the approved amount within thirty days of receipt of the request for
reimbursement.
ARTICLE VI.
TERMINATION
A. The Authority may terminate this Agreement upon the provision of thirty
(30) days written notice to the City. Such notices shall be delivered by Certified
Mail, Return Receipt Requested, to the address specified in Article VII.
B. The City may terminate this Agreement upon the provision of thirty (30)
days written notice to the Authority. Such notices shall be delivered by Certified
Mail, Return Receipt Requested, to the address specified in Article VII.
ARTICLE VII.
NOTICES
Any notices required pursuant to the terms of this Agreement shall be sent by
United States Certified Mail to the principal place of business of each of the parties
hereto, as specified below:
Authority:
Clearwater Housing Authority
P.O. Box 960, Clearwater, FL 33756
908 Cleveland Street, Clearwater, FL 33757
City:
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758
7
ARTICLE VIII.
CONSTRUCTION OF LAWS
This Agreement is made and entered into in the City of Clearwater. Any and all
questions of law arising hereunder shall be construed in accordance with the laws of
the State of Florida.
ARTICLE IX.
ENTIRE AGREEMENT
This Agreement shall consist of the following component parts:
A. This Agreement;
B. Any subsequent addenda agreed to by both parties.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Approved as to form:
Attest:
Robert J. Surette
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
ARTICLE VIII.
CONSTRUCTION OF LAWS
This Agreement is made and entered into in the City of Clearwater. Any and all
questions of law arising hereunder shall be construed in accordance with the laws of
the State of Florida.
ARTICLE IX.
ENTIRE AGREEMENT
This Agreement shall consist of the following component parts:
A. This Agreement;
8. Any subsequent addenda agreed to by both parties.
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William 8. Horne II
City Manager
Approved as to form:
Attest:
Robert J. Surette
Assistant City Attorney
CynthiaE. Goudeau
City Clerk
CLEARWATER HOUSING AUTHORITY
By:
Jacqueline Rivera
Executive Director
Attest:
"'~~""
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3tf
Work session Item 11:
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item 11
Meeting Date: 07117/03
SUBJECT/RECOMMENDATION: Approve agreement provisions for engineering services contracts
with the firms of Jones, Edmunds & Associates. Inc.; Ayres Associates; Parsons; Wade-Trim; Tampa
Bay Engineering Group, Inc.; Post, Buckley, Schuh & Jernigan. Inc.; HDR Engineering. Inc.; McKim &
Creed; Grimail Crawford Inc.; OKS Associates; Advanced Engineering & Design Inc.; and Cumbey &
Fair, Inc.,
~ an_d that the appropriate officials be authorized to execute same,
SUMMARY:
. The City's current Engineer of Record contracts expire on August 26. 2003.
. On February 28. 2003 a Request for Proposals (RFO-21-03) was issued for a new Engineer of Record
contract.
. On March 31. 2003, twenty-four (24) engineering consulting firms responded to the RFO. On April 15,
2003, a selection committee consisting of representatives from the City Manager's Office, Engineering,
Public Utilities, Clearwater Gas System and Parks & Recreation short listed seventeen (17) of the
twenty-four (24) firms. Four (4) of these firms are small specialty firms that were unanimously selected
without the need for oral technical presentations. The other thirteen (13) firms gave oral technical
presentations on May 7 & 8, 2003.
. The selection committee then ranked the firms and decided to negotiate contracts with the following
twelve (12) consulting firms: Jones, Edmunds & Associates, Inc.; Ayres Associates; Parsons; Wade-
Trim; Tampa Bay Engineering Group, Inc.; Post, Buckley, Schuh & Jernigan, Inc.; HOR Engineering.
Inc.; McKim & Creed; Grimail Crawford Inc.; OKS Associates; Advanced Engineering & Design Inc.;
and Cumbey & Fair, Inc.
. While negotiating with the twelve (12) firms, attention was given to assuring that the costs for services
by each firm were competitive with contracts entered into with other clients in the Tampa bay area.
Careful consideration was given to drafting contracts with competitive costs for services over the term
of the agreement. Standard hourly rates have been established and are reflected in the contracts.
. The multiplier to be applied to raw salary cost for the "Cost times Multiplier Basis" for all firms is 3.10%.
. By entering into an agreement with the twelve (12) engineering firms, the City maintains maximum
flexibility in making use of the best expertise and talent available in support of the diverse projects
required to implement the Capital Improvement Program.
Reviewed by:
Legfll (;;,)/~
~---
~
~
NIA
Funding Source:
CI
OP
Other
Info Srvc N/A
Costs: None
Total
Budget
Purchasing
Risk Mgmt
Public Warks .
DCM/ACM
Other
Current FY
Attachments
Submitted by:
City Manager ~ ~
~ None
Appropriation Code:
Printed on recycled paper
Engineer of Record 2003.glb
\..... C;' i~ ~ r "\ I
',' L!
, I
AGREEl\IE~T
FOR
PROFESSIOl"AL SERVICES
This AGREEMENT is madc ancl enten:d into on this
between the City of Clearwater. Florida (CITY) and
(ENGINEER)
day of
, 20_, by and
Inc.
WITNESSETH:
WII EREAS the CITY desires to engage the ENGINEER to perform catain professional services pertinent to
such work in accordance with this Agreement: and
WHEREAS the ENGINEER desires to provide such professional services in accordance with this Agreement,
and
\VB EREAS the CITY selected the ENGINEER in accordance with the competitive selection proccss described
in Section 287.055 of the Florida Statutes, and based on information and representations givcn by the
ENGINEER in a proposal dated
NOW. TI lEREFORE. in consideration of the premises and the mutual benefits which will aecl'lle to the parties
hereto in carrying Ollt the terms of this Agreement, it is mutually understood and agreed as follows:
I. GENERAL SeOI).: OF TillS AGREEMENT
The relationship of the ENGINEER to the CITY will be that of a professional consultant, and the ENGINEER
will provide the professional and technical services rcquircd under this Agreement in accordance with
acceptable engineering practices and ethical standards.
ENGINEER must have a fully staffed and operating office located within Pinellas County, and preferably in the
City of Clearwater or be willing to commit to "subcontracting" minimum 40% - maximum 49% (if job
subcontracted) of the work to companies located within Pine lias County. The selected company shall not
necessarily he the only Engineer-of-Record for the City.
6/18/2003
, PROFESSIO~.-\L TECH~IC.-\L SER\'ICES
2:\. It shall be tht: rt:sponsibility of the E)'"GINEER to work with and for the CIT.... toward solutions to
t:ngine:ering probkms and the approach or technique to be ust:d toward accomplishment of the CITY's
objective for each project or nssignment. The ENGINEER's services shall include devdoping and
pn.:senting advisory opinions regarding the usefulness and continued protitability of Water, Sewer and
Stormwater Utilitv System facilities. the sufficiency of the rntes and chan.!.e:s for the System services, the
.. .- ... .....
proper maintenance: of the clements of the Systcm and the design of capital improvements thcreto: roads.
drainage. structural analysis. transportation, traffic. environmental and gas systcms. Representative
assignmt:nt arcas arc cxpected to include. but not bc limitcd to, planning, studies or design services as
listed belo\\':
I. Prcparation of construction drawings. specifications and bid documcnts for public works projects,
including but not limited to:
· structural cnginccring clements
· strcets and roadways, including intersection improvements
· parking facilities
· utility infrastructure, including water, wastcwater, natural gas. storm water and reused water
2, land survcying activitics, ine1uding title search, acrial target placemcnt. topographic surveys, right-of-
way survcys. preparation of right-of-way control survcys, preparation of right-of-way mapping/parcel
dcscriptions/parcel sketches
3. architecturnl services
4. transportation improvemcnt planning and studies. including Projcct Development &. Environmcnt
(PD&E) studies
5. appraisals of land under consideration for acquisition by thc CITY
6. traffic operations activities, including trartic signal warrnnt analysis, safety studics, prepamtion of
traffic signal construction documcnts. preparation of pavemcnt marking and signing plans, assistance
as needed with the implementation of timing plans for and the operation of the City's Urban Traffic
Signal Computer System
7. hazardous materials invcstigations. mitigation/remcdiation plans and associatcd tasks
8. managemcnt of construction contracts
9. rt:\'icw and assessment ufthe applicahility of design/CITY impro\'cments
10. development'preparation of grunt appltcations for CITY proJects
11. preparation of penn it application pa~'bges. includlllg water. wastcwater. surface water
~
61\ Si200J
management. National Pollution Discharge Elimination System (NPDES). and wctland
impacts: assistancc in meeting regul3tory and grant requircmcnts, permitting and
preparation of permit documents and representation of the CITY hefon: appropriate
regulatory bodies
12. environmental audits, including evaluation of hazardous materials potential. an:heological or
historical resources, impacts to thrcatcned or endangered speclcs
13. hydraulic/hydrologic modeling of streams. watersheds. de.
14. de\'elopmcnt of wetland mitigation plans. including compliancc monitoring
15. water quality monitoring, including report preparation
16. preparation and implementation of public involn:mcnt programs, including graphics (presentation
boards, slides. handouts, etc.)
17. studies related to stormwater managemcnt, master planning, design and tinancing, including
stormwater utility feasibility and implemcntation
18. studies related to rates, user charges and impact upon various agreements between the CITY and its
customers. suppliers and consultants
19. studies of recre.llional facility improvements. including expansion or improvements to existing
facilities as well as development of new facilities: includes possible preparation of construction
documents (including pel111its) and construction management
20. aviation services, including master planning and design of planned improvements
21. other work as may be reasonably required under thc general scope of professional and technical
engineering services in connection with the CITY's public works/engineering system.
113. The ENGINEER's services under this Agreement will be provided under Work Orders. Generally, each
Work Order will include the services for a single project or assignment, and it will contain a mutually
agreed-upon detailed scope of work, fcc, invoicing method, and schedule of performance in accordance
with applicable fiscal and budgetary constraints. Total compensation for all services shall not exceed
$100,000 per work Order unless speci fically authorized by the City Commission.
2C. The ENGINEER shall maintain an adequate and competent staff of professionally qualified personnel
available to the CITY for the purpose of rendering the required engineering services hereunder, and shall
diligently execute the work to meet the completion time established.
2D. The CITY reserves the right to enter into contracts with other engineering linns for similar services.
-Will. when directed to do so by the CITY, coordinate and \\'ork with other
engineering firms n:tallled by the CITY.
.3
611 812003
3. PERIOD OF SERVICE
31\. The ENGINEER shall begin work promptly after receipt of a fully exc('uted enpy nf each Work Order, in
accordance with Paragraph 2B above. Receipt of a fully exccuted \\'nrk Ordcr shall constitute written
notice to proceed.
3B. If the ENGINEER's services called for under any Work Ordcr arc ddaYl.:d for reasons bcyond the
ENGINEER's control. the time of performancl.: shall be adjusted as appropriatc.
3(', It is the intent of the parties hereto that this Agreement continue in force until threc (3) years from thc
date of execution, subject to the provisions for termination contained herein. Assignml.:nts that are in
progress at the Contract termination date will be complctcd by the ENGINEER unlcss spccilically
tellninated by the CITY.
4. I~SlJRANCE REQUIREMENTS
4A. Workers Compensation and Employers Liability. The ENGIi\:EER shall procure and maintain, for the
life of this Agreement, Workers Compensation Insurance covering all employel.:s with IlInits mccting all
applicable state and federal laws. This coverage shall include Employers Liability with limits mcetlllg all
applicable state and federal laws.
4B. General Liability. The ENGINEER shall procure and maintain, for the life of this Agrcl'mcnl, (iel1cral
Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall IIH.:ludl' I'n~mlscs
and Operations: Independent Contractors; Products and completed Operations and Contractual I.llIhllll)'.
Coverage shall be no more restrictive than the latest edition of the Commercial General Liability pollecs
of the Insurance Services Office (ISO),
This policy shall provide coverage for death, bodily injury, personal injury or property damage that could
arise directly or indirectly from the performance of this Agreement.
The minimum limits of coverage shall be $500,000 per Occurrence Combined Single Limit for Bodily
Injury Liability and Property Damage Liability.
The CITY shall be included and identilicd as an Additional Insured under the policy/cc:rtilicatc of
IIlsurance.
4
6'19/2003
4(', Businl'ss Automobile Liability. Thc ENGrNEER shall procurc and maintain, for the life of the
Agreement, Business Automobilc Liability Insurancc.
The minimum limits of CO\'cr3ge shall bc S500,000 per Occurrence Combincd Single Limit for Bodily
Injury Liability and Property D3mage Liability. This co\'cmge SI1311 be an "Any Auto" type policy.
('overa~e shall be no more restrictive than the latest edition of the Business Automobile Practices of the
Insurance Servil:es Of'tke (ISO).
Thl' (TIS shall be included and identified as an Additional Insured under thc policy/certificate of
InsunlllCl' .
41 >. I'rol'l'sslolHlI Liability Insunmce. The ENGINEER shall procure and maintain for the life of this
Agl'l'Cment, I'rofessional Liability Insurance. This insurance shall pro\'ide coverage against negligent
ads, errors lll' omissions by the ENGINEER in the performance of this contmct. The minimum limits of
l'overage shall be SI,llOO,OOO.
4E. Indemnify. In consideration of the Stlll1 of One Hundred Dollars (S 100.OO), the receipt and sufficiency of
which IS ll\:knowledged, payable as part of the first payment for services, the ENGINEER agrees to
defend, save and hold the e1T's', its agents, assigns and employees, harmless from all claims or causes of
action, including costs and attorney's lees, and all judgments whatsocver. involving personal injury,
bodily injury, dcath, or property damage, arising out of any negligent act or omission, or the violation of
any tedera\' slale or local law or regulations by the ENGINEER, its subcontractors, agents, assigns,
invitces or employees in connection with this Agreement. The ENGINEER agrees to indemnify and hold
harmless thc City from losses, damages or lawsuits resulting from the ENGINEER's intentional
misconduct or intentional torts committed during the performance of this contmct.
4F. Hazardous Substances. It is understood and agreed that in seeking the professional services of the
ENGINEER under this Agreement, the CITY docs not request the ENGINEER to undertake uninsurable
or potentially uninsurable obligations for the CITY's benefit involving or related in any manner to
hazardous substances. Therefore, the ENGINEER undertakes no such obligation hereunder, and the
CITY agrees to hold harmless, indemnify, and defend the ENGINEER from and against any and all
claims. losses, damages, liability, and costs arising out of or in any way connected with the presence,
discharge. release, or escape of contaminants or hazardous sl.1bstances of any kind. or environmental
5
6/18/2003
liability of any nature. 111 any manner related to services performed by the ENGINEER undcr this
Agreement.
--lei. Supplcmental Provisions. The insurancc covcrages and conditions afforded by the abo\'c- mcntioncd
policics shall not be suspcnded, \'oidcd. canceled or coverage reduced cxcept aftcr thirty (30) days prior
written notice by certi lied mail return rcceipt requested has been given to both the City Engineer and thc
Risk Management Offices of the CITY.
Certiticatcs of Insurancc mceting thc specitic requircd insurancc provISIons specificd within this
Contract/Agrccmcnt shall be forwarded to both the City Engineer and Risk Management offices of the
CITY and approved prior to thc start of any work. Aftcr rcview, the Certiticate will be tiled with thc City
Clerk as a part of the official contract tile.
Receipt and aeceptancc of thc ENGINEER Ccrtiticate of Insurance, or othcr similar documcnt docs not
constitute acceptance or approval of amounts or types of coveragcs which may bc less than required by
this Agreement.
The City may, at its option, rcquire a copy of the ENGINEER's Insurance Policy(s).
All insurance policies required within this contract shall provide full coveragc from thc tirst dollar of
exposure unlcss otherwise stipulated. No deductible will be acccptcd without prior approval from thc
CITY.
411. Safety and Health Requiremcnts. It is the ENGINEER'S sole duty to provide safe and healthful working
conditions to its employees on and about the site of Agrecmcnt perfonnance. Thc CITY assumes no duty
for supervision of the ENGINEER. The ENGINEER will provide a "Drug Free" workplace in
accordance with Section 287-987, Florida Statutes.
The CITY may, without any liability to ENGINEER, order that the work stop at the site of Agreement
Performance if a condition of immediate danger to CITY employees, CITY cquipment, citizens. or if
property damage cxists. This provision shall not shift rcsponsibility for any risk of loss for injurics or
damagc sustained li'OI11 the ENGINEER to the CITY, and the ENGINEER shall rcmain solely responsible
for compliance with all safety requirements and for the safety of all persons and property at the site of
Agreemcnt Performance until the beginning of construction. whieh anse out of the ENGINEER's
negligence.
6
6/18/2003
The E~GINEER shall comply with the standards and regulations set forth by the Occupational Safety and
Health Administration (OSHA). the Florida Department of Labor and Employment SecurIty. ~lIld all other
appropriate federal. state and local regulations or City safety and health standards.
5. GE~ERAL CO~SIDERA TIO~S
SA. All documents including field books, drawings. specificatIOns. calculations. etc. supplied by the
ENGINEER shall become the property of the CITY. The CITY acknowledges that such documcnts arc
not intended or represented to be suitable for use by the CITY or others for purposes other than those for
which the documents arc prepared. Any reuse of these documents without written \'erification or
adaptation by the ENGINEER for the specific purpose intended will be at the CITY's sole risk without
liability or legal exposure to the ENGINEER.
58. When authorized. the ENGINEER shall prepare a final estimate of probable construction costs, following
CITY approval of the bid documents and other prebid activities. The CITY hereby acknowledges that
estimates of probable construction costs cannot be guaranteed. and such estimates arc not to be construed
as a promise that designed facilities will not exceed a cost limitation. Should the lowest. responsive and
acceptable bid price received by the CITY within three (3) months from the date of the CITY's approval
of the bid documents exceed the ENGINEER's final cost estimate by more than ten percent (10%), the
ENGINEER shall perform a detailed evaluation of the low bid. The evaluation will review the bid prices
on a line item bases, identifying areas of disagreement and providing a rationale for the difference.
5C. The ENGINEER will provide expert witnesses, if required, to testify in connection with any suit at la\\'.
A supplemental agreement will be lH:gotiatcd between the CITY and the ENGINEER describing the
services desired and providing a basis for compensation to the ENGINEER.
5D. Upon the ENGINEER's written request, the CITY will furnish or cause to be furnished such reports,
studies, instruments. documents, and other information as the ENGINEER and CITY mutually deem
necessary.
5E. The CITY and the ENGINEER each bind themsel\"Cs and their successors. legal representatives and
assigns to the other party to this Agreement and to the partners. slIccessors. legal representatives and
assigns of cach other party. in respect to ail covenants of this Agrecment; and. neither the CITY nor the
I':NGI~EER will assign or transfer its interest in this Agreement without consent of the other.
6/18.'2003
SF. The ENGINEER hereby agrees to indemnify. deli:nd. save and hold hamlless the CITY from all claims,
demands. liabilities and suits caused by any negligent act. error or omission of the ENGINEER. the
ENGINEER's subcontractors. agents or employees in rendering the professional services called for
herein. It is specifically understood and agreed. however. that this indemnification agreement docs not
cover or indemnify the CITY for its own negligence. The ENGINEER hereby further agrees to
indemnify. defend. savc and hold hamlless the CITY from any and all fines. costs, and expenses caused
by, directly or indirectly, with the ENGINEER's failure to comply with any applicable laws, statutes,
ordinances, or govcrnment regulations.
5G. The ENGINEER agrees not to engage the services of any person or persons in the cmploy of the CITY to
an allied capacity, on cither a full or part-time basis. on the datc of the signing of this Agreement. or
during its term.
5H. Key personnel assigned to City projects by the ENGINEER shall not be removed from the projects until
alternate personnel acceptable to the CITY arc approved in writing by the CITY. Key pcrsonncl arc
identified as:
.
.
.
.
.
51. The ENGINEER shall cxecute the appropriate State of Florida sworn statcment under Section
287.133(3)(a), Florida Statutes. Public Entity Crimes prior to the cxecution of this Agreement.
51. The ENGINEER shall attach a brief status report on the project(s) with each request for payment.
5K. The ENGINEER shall provide a Certificate regarding a "Drug Free Workplacc" per the rcquircments of
State of Florida directive: City Memorandum No. 23 (90-91) dated Decemhcr 17.1990. from George C.
Banks, CPPO, Director. Division of Purchasing.
s
6/18/2003
6. CO:\I PE:\'SA TIO:\'
6:\. The ENG INEER shall be compensated for all services rendered under this Agreement in accordance with
the provisions of each Work Order. upon presentation of ENGI?\EER's il1\'oice. An hourly rate schedule
and typical methods of compensation are attilched hereto as ExhibIt A.
6B. Except as may be addressed in the initiat111g Work Order. the compensation for services shall be invoiced
by the ENGINEER and paid by the CITY once each month. Such invoices shall be due and payable upon
receipt.
Invoices are to be pre-numbered by the ENGINEER and issued per Work Order. Each invoice will
include a summary by CITY charge code as identitied in the Work Order or addendums. Copies of
invoices for sub-consultants or other expenses of S50.00 or more per item will be attached to the
ENGINEER'S invoice.
Invoices are to be mailed to the City Invoices are to be mailed to the City of Clearwater.
PW/VEngineering. Administrative Analyst. P.O. Box 4748. Clearwater. FL 33758-4748 or 100 S. Myrtle
A venue. #220. Clearwater. FL 33756-5520.
6C. The ENGINEER agrees to allow full and open inspection of payroll records and expenditures 111
connection with hourIy rate and cost plus fixed fee work assignments upon request of the CITY.
7. PROHIBITION AGAINST CONTING[~T FEES
The ENGINEER warrants that it has not employed or retained any company or person, other than a bon~
fide employee working solely for the ENGINEER, to solicit or secure this Agreement and that it has not
paid or agreed to pay any persons, company, corporation individual or fim1, other than a bona fide
employee working for the ENGINEER any fee. commission, percentage, gift, or any other consideration.
contingent upon or resulting from the award or making of this Agreement.
8. TERMINATION
This Agreement may be terminated by either party with scvcn (7) days prior \\Tittcn noticc. in thc cvent of
substantial failure to perfom1 in accordance with the tcnns hereof by thc othcr party through no fault of
9
61) 8/2003
the terminating party. If this Agreemcnt is tcnninated, thc ENGINEER shall be paid in accordance with
the provisions of outstanding Work Orders t'or all work perfonncd up to the date of tcrmination.
9. SUSPE~SION. CANCELLATIO~ OR ABA~DONi\lE~T
If the project described in any Work Order is suspcnded, canceled or abandoned by the CITY, without
affecting any other Work Order or this Agreement, the E:--:GINEER shall be given vie (5) days prior
written notice of such action and shall be compcnsated l~)r professional services providcd up to the datc
of suspension, cancellation or abandonment.
This Agrcement shall be administered and interpreted under the laws of the State of Florida.
10. TERMINATION OF CONVENIEl'iCE
Either the CITY or the ENGINEER may terminate thc Agrecmcnt at any timc by giving written notice to
the other of such termination and speci fying the effectivc date of such termination at least thirty (30) days
before said tennination datc. I I' the Agreement is tcrminated by thc CITY as provided hercin, the
ENGINEER will be paid for sef\'ices rendercd through the date or termination.
10
6/18/2003
IN WITNESS WHEREOF. the parties hereto have made and executed this Agrecment on thc date and
year above written.
CITY OF CLEARWATER
IN PINELLAS COUNTY, FLORIDA
By:
(Seal)
William B. I-Iollle, II
City Manager
Attest:
Countersigned:
C)11lhia E. Goudeau, City Clerk
By:
Brian J. Aungst,
Mayor-Commissioner
Appro\'ed as to fonn:
Bryan D. Ruff
Assistant City Attorney
(Engineer must indicate whether
Corporation, Partnership, Company
or Individua1.)
(Engineer)
By:
(SEAL)
(The person si!:,'11ing shall, in his
own handwriting, sign the Principal's
namc, his own namc, and his title;
whcrc the person is signing for a
Corporation, he must, by Aflidavit,
show his authority to bind the
Corporation).
11
6/1 8/2003
EXHIBIT A
PROVISIOi'l OF PA Yi\IE~T
BASIS FOR PA "'ivIENT
The OWNER shall pay El':GINEER and ENGI:\EER agrees to accept as full compensation for
its services (as established by Work Order) compensation as computed by one of the following
met hods.
1\IETIIOD A - COSTS TIMES MULTIPLIER BASIS
Compensation in the form of actual costs times a multiplier as detcrmined by the following
formula:
Actual Raw Salary Cost x ivlultiplier + Subconsultant Cost + Other Direct Costs
Multiplicr 3.10 includes fringe benelit rate. ovcrhead. operating margin and prolit and is
subject to annual rcvicw.
Subconsultant Costs arc actual costs incurrcd limcs a factor of 1.00. Actual costs shall be
bascd on billing rates for required labor classifications.
Othcr Dircct Costs are aetual costs incum:d for travel outside of Tampa Bay area. printing.
copying. long distance telcphone calls. etc.. times a factor of 1.00.
METHOD B - LUivtP SUM
Compensation in thc foml of "lump sum" shall be detellnined by mutual agrecment betwecn the
ENGINEER and thc CITY. The lump sum amount shall be negotiated based upon a scope of
services dcvclopcd by thc ENGINEER and approvcd by thc CITY.
12
6/18/2003
~ Clearwater
EXHIBIT B
u
City of Clearwater Engineer Of Record - RFQ 21-03
2003 Direct Hourly Salary Rates
CATEGORY MINIMUM PROBABLE MAXIMUM
Sr. Vice President $62.00 $71.00 $94.00
Vice PresidentlOfficer-in-Charge $52.00 $56.00 $65.00
Project Manager/Assoc. Principal $42.00 $47.00 $54.00
Construction Manager $32.00 $38.00 $48.00
Construction Engineer $24.00 $28.00 $36.00
Senior Engineer/Scientist $37.00 $41.00 $49.00
Engineer/Scientist (III-IV) $30.00 $33.00 $38.00
Engineer/Scientist (1-11) $22.00 $26.00 $33.00
Planner $27.00 $34.00 $42.00
Landscape Architect $28.00 $32.00 $41.00
Field Technician $17.00 $20.00 $25.00
Senior Designer $24.00 $28.00 $34.00
Drafter/CADD Operator $16.00 $20.00 $24.00
Operations Specialist $22.00 $30.00 $39.00
Fiscal/Accounting $22.00 $26.00 $35.00
Administrative/Clerical $14.00 $17.00 $23.00
REQUESTED MULTIPLIER
3.10
13
Final Agenda Item #
c ,--'
-' LL-' ::)
;5
Clearwater City Commission
Agenda Cover ivlemorandum
'.\lork session Item #:
Meeting Date: 7/17/03
SUBJECT/RECOMMENDATION: Approve award of the construction contract for the Stevenson
Creek Pump Station 2 - Force and Gas Main Replacement (Project # 02-0095-UT) to R. Roese
Contracting Company of Kawkawlin, Michigan, with local offices in Tampa, Florida, in the amount of
$354,200.00, which is the lowest responsible bid received in accordance with plans and
specifications,
l!.I and that the appropriate officials be authorized to execute same.
SUMMARY:
. The purpose of this contract is to replace the aQed 8-inch-diameter sub-aqueous force main that runs
across Stevenson Creek from sanitary Pumping Station #2 in Overbrook Park, approximately 800 feet
south to the Harbor Drive Right-of-Way, where it makes a manifolded connection to an existing force main.
The force main lies on the floor of the Stevenson Creek estuary, which is slated for dredging soon. The
new nominal 8-inch diameter High Density Polyethylene force main will be installed approximately 50 feet
beneath the floor of the estuary by the horizontal directional drilling method.
. In order to take advantage of the horizontal drilling contract for the force main, the Gas Department
desires to install a new nominal 2-inch diameter HOPE gas main, inside a 4-inch casing, to replace their
existing 2-inch gas main, also lying nearby on the floor of the estuary. The Gas Department will supply the
pipe and construct the new connections to their existing facilities. Only the installation of the new main, in
the same bore as the force main, will be provided by this Contractor.
. This force main portion of this project was identified in the City's 2001-2002 Approved Annual Operating.
and Capital Improvement Budget as Project Number 96693, and in the City's 2002-2003 Approved Annual
Operating and Capital Improvement Budget as Project Number 96665, Sanitary Collection and
Transmission R & R, and will be funded from the 96693 account in the Water and Sewer Fund.
. The gas main portion of this project was identified in the City's 2002-2003 Approved Annual Operating and
Capital Improvement Budget as Project Number 315-96365, Line Relocation-Pinellas-Maintenance, current
available project balance $116,000, $28,650 will be transferred to Project 315-96365 from Project 315-
96374, Line Relocation Capitalized Pinellas in third quarter budget amendment.
· The anticipated completion date is October 1, 2003.
The Contract is available at Official Records and Legislative Services for review.
Legal
Budget
( l!i't) ,
'_.___o.r
Originating Dept: lF1/'
Public Works /)./ .')
Administration (T. Foars)
Costs: 5354,200.00
Reviewod by:
Purchasing
Risk Mgml
c~j
Info Srvc
Public Works
NA
Total $354,200.00
NA
DCM/ACM
Other
User Dept.:
ublic Works/Utilities
Funding Source:
Current FY
CI
OP
Other
Attachments
Submitted by:
City Manager 13JJ )).
........ ...-
--~
NONE
Appropriation Code:
356.96693-563800.535-000 $209,550.00
315.96365.563800.535-000 $144,650.00
~
ADDENDUM NO.1
FOR
STEVENSON CREEK PUMP STATION 2 FORCE MAIN AND GAS MAIN
REPLACEMENT
CITY OF CLEARWATER, FLORIDA
City Project No. 02-0095-UT
DATE:
May 12, 2003
SUBJECT: Addendum No. 1 to Plans and Specifications for Stevenson Creek Pump Station 2
Force Main and Gas Main Replacement, City Project Nos. 02-0095-UT, Clearwater,
Florida
TO: Prospective Bidders and Others Concerned
The following provides clarifications based on the questions presented at the mandatory Pre-bid
Conference held on Monday, May 12, 2003, at 10:00 a.m. in Room 130 at the City Of Clearwater
Municipal Services Building.
The Plans and Specifications for the subject project shall be supplemented and/or amended as
follows:
1. Question: Are tree protection details included in the plans?
Answer: Tree protection details have been included on Sheet 3 of 9. Roots typically extend to a
depth of about 24 inches below the surface. The proposed bore trajectory should clear the roots
of the existing trees of concern.
It will be necessary for the Contractor to pull a City Clearing and Grubbing permit, and provide a
Maintenance of Traffic plan. Erosion control. with details also shown on Sheet 3 of 9, and
maintenance of traffic, will be strictly enforced by the City under this permit.
2. Question: Will the Contractor have to pay a fee for the Clearing and Grubbing permit?
Answer: No fee will be charged, but the Contractor must pull the permit. Also, all restoration
work of disturbed areas, including materials, shall be done by the Contractor.
3. Question: Will locate wires be required on each pipe, or will one wire be sufficient?
Answer: A locate wire will be required on each pipe, i.e. two wires will be required. one on the
gas casing and one on the force main pipe. The intent is to perform one subaqueous directional
drill and pull both the force main and gas main back at one time. Bidders should review the drill
tracking system requirements carefully.
4. Question: Who will inspect the work?
Answer: The City Public Services Department will inspect the work. The inspector will be Melvin
Maciolek.
5. Question: Will the City provide the water necessary for the work at no charge?
Answer: The Contractor will have to obtain a meter and pay for the water.
6. Question: Can the HOD entry and exit sites be swapped around?
Answer: It does not appear to be feasible, but would be considered at the time of construction.
7. Question: Who will supply the eight inch force main pipe?
Answer: The Contractor will supply the eight inch force main pipe.
ADDENDUM NO.1 FOR "STEVENSON CREEK PUMP STATION 2 FORCE MAIN AND
GAS MAIN REPLACEMENT", CITY OF CLEARWATER, FLORIDA, City Project No. 02-
0095-UT
Page 2
8. Question: Will gas pipe be provided on reels or in sticks, and who will be responsible for fusing
the pipe joints?
Answer: Gas piping will be provided in 40 foot sticks, and all pipe fusing will be done by the
Contractor.
9. Question: Have soil borings been done for this project, and if so, what materials were
encountered, and where can the report be obtained?
Answer: Soil borings have been done, encountered lime rock in the proposed bore path, and at
one point drilling fluid was lost. Bidders are encouraged to examine the geotechnical report,
which is available for purchase from TBE for S25.
10. Question: If other questions arise, between now and the bid opening, who should be contacted?
Answer: The City's project manager, Tom Fears, should be contacted. These questions should
be posed in writing, no later than ten days before the bid opening, so that appropriate addenda
may be issued.
11. Question: Pull must be continuous - will there be any limitations on working hours?
Answer: Existing rules and ordinances addressing working hours must be Cldhered to.
END OF ADDENDUM NO.1
THE CITY OF CLEARWATER
PINELLAS COUNTY, FLORIDA
Bv: IslWilliam B. Horne, II
City Manager
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~$i'
Clearwater City Commission
Agenda Cover rvlemorandul11
Work session Item #: P cu ~
Final Agenda Item # ~3l0
Meeting Date: 7/17/03
SUBJECT/RECOMMENDATION: Approve the final plat for "ISLAND TOWNHOMES" located on
Srightwater Drive approximately 900 feet east of the intersection of Hamden Drive and Srightwater
Drive,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. This proposed subdivision will replat lots 14-16, Bayside Subdivision NO.2
. The applicant is proposing to redevelop the property with 10 Townhomes (attached dwellings).
. The Community Development Board approved the site plan on 1/21/03.
. A copy of the plat is available for review in the City Clerk's office.
Reviewed by:
Legal N/A Info Srvc N/A
Budget N/A Public Works
Purchasing N/A DCM/ACM
Risk Mgmt N/A Other
Planning ot-
Originating Dept: -1M
Public Works ~ r .
Administration T Mahon
User Dept.
N/A
Costs
Total
Current FY
Funding Source:
CI
OP
Attachments
,.. '~c..A7'~()l'j !~: It f.'
Other
Submitted by:
City Manager l3.AIJ ~
.....-.
'-'... -
None
Appropriation Code:
Printed on recycled paper
Plat Island Townhomes.doc
Pier 60
v
so
,
LOCA TION MAP
ISLAND TOWN HOMES
D'"
DU'" IY ~ 06/"'0)
----!.--. iWG-IG---
~~_,_. ../4
or..- .. , 01 ,
N~_ _______
~~T:L1gF W~~E:SR~~TJ,~.,S~~~~:g~
ENGINEERING
. f
~t , .......J (:-:--:.
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,) (( r-' I. l.\ L\--
COMMISSIONERS
BOARD OF COUNTY COMMISSIONERS
PINELLAS COUNTY, FLORIDA
DEPARTMENT OF PUBLIC WORKS
4.\0 COURT SiREET
CLEARWATER. FLORIDA 33756
PHONE: (727) 46~'3251
KARE:N WILLIAMS SEEL - CHAIRM"N
SUSAN LATVAtA . VICE CHAIRMAN
CALVIN D. H,\RRIS
JOHN MORRONI
ROBERT B STEWART
BARBARA SHEEN TODD
KENNETH T WELCH
06/10/2003
City of Clearwater
P.O. Box 4748
Clearwater, Florida 33758-4748
Attn.: Thomas Mahony
Re: Island Townhomes plat review 23-064 (08/29/15/30)
Dear: Mr. Mahony
This department has checked the subject plat and the following has been found:
(ZJ Subject plat is in order as to easements/deeds to Pinellas County.
o Suggested corrections are marked in red on the attached copy.
If the suggested changes are not to be made, and/or if changes have been made, we request a list of
changes and/or corrections that were made on the plat be sent to this department.
Sincerely,
CL ~ 0-1\-41 1< ~Q~
'~
M. Leah Pietroburgo
PW Engineering Technician
Permitting Services
MLP/mlp'
F : \wpd ocs \e n gin ee r\h i 9 hway\lea h \pla ts \c ityp la t\2 3-064 city
10) ~ rc; ~ ij rl I~ J;:\1
Ull ~ I 6 2003 IB
j
CItY Of CllARW41111
PUBliC WORKS AOMINISlIlATlON
"Pinellas County is an Equal <?pport~nity Em~l~ye( .. ~ember.Pin~lIas P~rtnership lor a Drug Free Workplace 0 printed on recycled paper
..~. ','"" ,,:.1.::,' :,"'j":,~;.. j.... ':.:...,l ::."..:. .l:.....". :' ..'/'0 ....\':;:'.. ",: ~1"~"~" 'J.' .~''::~':~
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--
OFFICIAL FORM FOR SUBMITTING PLAT
FOR APPROVAL TO PLANNING & ZONING BOARD & CITY COMMISSION
REQUEST FOR APPROVAL OF SUBDIVISION PLAT AND
AGREEMENT TO INSTALL IMPROVEMENTS, ETC.
CLEARWATER, FLORIDA
.tfA" 21200lJ3
TO: City of Clearwater, Florida
City Hall
Clearwater, Florida
1. I, (We) are the owners of the followin~ldescribed property (give legal
(.~ et~t~.J)
description used on proposed plat or attach separate sheet if length requires) :
and represent that all taxes have been paid on such property and that the property is free
and clear of all encumbrances except (list in details) :
(all lien holders must join in signing plat and in signing this letter).
2. Herewith is submitted a proposed plat (must be copy of proposed final plat
complete except for signature) of such property as a subdivision located within or adjacent
.P !M..-l '~,J hf'nc.L-
to the City thereof, to be known as r and respectfully request that such plat be
approved by:
(a) The City of Clearwater Planning & Zoning Board and PW NEngineering
department.
(b) The City Commission of the City as required by the Charter and
Ordinances of the City
3. And, as an inducement for the procurement of such approval. (I, ~ for myself
(ourselves)
and my @
A. STREETS: f\J Ifr
B. CURBS AND GUTTERS: rJ I k
c. SIDEWALKS: N!,k
D. PARKWAYS: tJ l.A-
E. EASEMENTS: .
F. SANITARY SEWERS:
G. STORM SEWERS AND DRAINAGE:
H. UTILITY LINES:
I. RIGHTS-OF-WAY:
J. STREET LIGHTS AND STREET NAME SIGNS:
heirs, executors, successors, legal representatives and assigns, do hereby covenant and
agree with the City of Clearwater that I (we) will construct, erect and install within such
subdivision, within a period of 365 days from the date of such approval by the City
Commission, the Subdivision improvements as described in and required by Chapter 133,
Clearwater Code of Ordinances. All improvements are to be approved by the City
Engineer (if any of the following are already installed, so note, or if it does not apply,
indicate as N/A) :
~
l.yJ/
~
tJ I/t-
4. In order to secure compliance by the undersigned with the covenants and
agreements set forth herein and within the time limit given above, there is hereby handed
to you a performance sure\ty bond or bank escrow account in the sum of $~ ' the
estimated cost of the required subdivision improvements as prepared by a Florida
Professional Engineer and approved by the City Engineer.
2
IN WITNESS WHEREOF, I (We) have hereunto set
(s), this ~ day oi1~~ .
hand( s) and affixed
seal
(SEAL)
(SEAL)
(SEAL)
Signed sealed and delivered
In our presence:
~ ~ . '"
\~~Q C~~ ~ (' t\O\a.:)
WITNESS
~",'\l1I III" "'11
~".... ra Ann H. ~III.
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
PLUS
'?J 1
Final Agenda Item #
Meeting Date:
7/17/2003
SUBJECT/RECOMMENDATION: Award a contract for the 2003 Street Resurfacing Contract (03-
0019-EN) to Ajax Paving Industries of Nokomis, Florida for the sum of $1 ,702,660.85, which is the
lowest responsible bid received in accordance with the plans and specifications,
00 and that the appropriate officials be authorized to execute same,
SUMMARY:
. The City ofClcarwatcr annual street resurfacing program is dcsigned to Iwc\'cnt thc dcterioration of
roadway and parking lot wcaring surfaces. pro\'idc a protectivc coating and maintain thc structural
integrity ofthc road substructure throughout thc City strcet systcm. Thc work consists of utility
adjustmcnt. asphalt milling and asphalt surl11cing,
. The streets scheduled for rcsurfacing in this contract have all bcen determincd to warrant their inclusion
by virtue of an inspcction and prioritization process pcrfonncd by thc Public Works staff. Thc number
and Icngth of streets involvcd in this resurfacing contract is limited by the amount of annual funds to bc
cxpendcd at any givcn time,
. In addition to the strcet rcsurfacing. the contract will includc the parking lot for Fire Station #47 at
Lakcvicw & Highland and various sites for Parks & Rccreation.
. A prc-construction confercnce will be hcld immcdiatcly after cxccution oCthc contract documcnts. Thc
contract time schedulc will begin sometime during the month of August 2003. The contract period is for
100 calendar days.
. Sufficient funding and budget are available in thc Capitallmprovemcnt Program projccts 315-92266,
Streets. Sidewalks & Bridges, and 315-93286. Parking Lot/Bike Path Resurfacing to fund S 1.694,328.15
the capital project portions of this contract.
. There is sufficicnt budget availablc in thc General Fund cost centcrs. 010-01120. Fire Support Services
and 0 I 0-0 1250. Emergency Medical Serviccs to fund thc 58.331.70 current opcrating cost portion of this
contract.
. A copy of the contract is anlilablc for rcview in thc Oflicial Records and Legislativc Scrvices
departmcnt.
Reviewed by:
Legal //. )-" Info Srvc
C'.~'~~ 1,->,
Budget . Public Works
Purchasing -) DCM/ACM
Parks & Rec Fire
Originating Dept: ~l'l\ f
Public Works Admit!. I
S. Rice '
User Dept. PWA, Fire, /"
Parks & ReCreati~ .4/ ~
/v~/
" ,// Current FY
$1,694,328.15 CI X
$8,332.70 OP X
Other
Costs:
Total
/-
N/A
$1,702,660.85
r
--;) L tfJ
Funding Source:
Attachments
Submitted by:
! City Manager
:, ""0"1 II A""'...._
I ~ ~~.-
I
--0 Printed on recycled paper
00 None
Appropriation Code:
315-92266-563700-541-000
315-93286-563500-572-000
010-01220-530300-522-000
010-01250-530300-526-000
Rev. 2/98
S 1,663,297.15
S 31,031.00
S 6,249.53
$ 2,083.17
I '
I
TABLE I - 200J STREET RESURFACI:\G
__,' '. I
Street Name From To Atlas Page
Acacia Street Eldorado Bay Esplanade 258A
Ambassador Drive Imperial Diplomat J08B. J 1613
Ambler Street \landalay End of Street 25:;;A.267/\
Arcturas :\ venue Gul I' to Bay Cleveland 2R9A
Aster Street Bruce Bay Esplanade 24\)A
Attache Court Embassy En1' of Street J 1613
A urel Street Eldorado End of Street 2J~A
A val on Street ivlandalay End of Street 25RA
Betty Lane Pierce Cleveland 28713
Bay Esplanade (E/W) ~\'landalay East End 25X/\
Bay Esplanade South End Royal Way 258A
Bay Esplanade Royal \Yay i\'landalay 23XA, 249/\, 258A
Bay Esplanade Mandalay North End 227 A. 2J8A
Bay' Street Gulf to Bay Carolina 292A
Baymont Street \Vest End ~landalay 267A
Baymont Street Mandalay East End 2() 7 A
Bayshore Blvd SR 60 Arlie Ave. 27413. 275A, 28313.29213
Bohenia Circle Eldorado End of Street 249A
Bruce A venue Acacia Bay Esplanade 2381\. 249A. 258/\
Cambria Strcet Mandalay End of Street 25~A
Carloucl Drivc Narcissus End of Strcet 23XA
Cleveland Strect Evcrgreen Highland 2X7B. 288A
Corona A vcnuc Gulf to Bay Cleveland 289A
Coronct Lanc Hcrcules Embassy 30813
Cyprus A \'enue Bay Esplanade End of Street 258:\
Daniel Strect Charles l'vle ~hlll en B 212:\
Diplomat Drivc H ereules Embassy J0813
Druid Road H ercu \CS US 19 291\13. 299A. 29913
Eldorado A venue Acacia Bay Esplanade 2J8A. 249/\. 258;\
Eldorado Lane Mandalay Bruce 249/\
Elizabcth A venue Gulf to Bay End of Strcet 2() 113
Embassy Drivc Imperial Coronet 30813.31613
Envoy Court Embassy End of Street 30813,31613
Fredrica A venue Pierce Cleveland 28713
Frances Court Narcissus 13av Esplanade 249/\
Gardenia Street Eldorado Bay Esplanade 249/\
Gatcwav Nursery Imperial Way 31 ()B
Glendale Street l'\'landalay End of Street 25XA
(j lenwood 1\ venue Clul I' to Bay Dru id 2\>7/\
....
TABLE 1- 2003 STREET RESrRFACI~G
Gn:enka Dri\'e Ilighland Keene 2() I /\. 2() I B
Gum'a Stred :\an:issus Bay Esplanade 238:\
Hart Strcet ~ tyrtk End nf Strcct 277B
Ikil\\'ood Street I\,tandalay End of Strcet 258/\
Hercuks :\ venue 1m peri a I Druid 3 16B, 308B, 2l)XB
Hercuks :\ \'enue Gulf to Bay Drcw 189/\
Id\cwild Street I\,tandalay End of Street 158:\
Imperial Way I-Jereu ks Embassy 316B
Iris Bruce Bay Esplanadc 149:\
Island Drin: Eldorado Bruce 238/\
Jessaminc Circle Eldorudo Bruce 138/\
Jewel Stred Mandalay Bruce 249 :\
Juanita Way lvtandalay End of Street 2581\
Junipcr Street Eldorudo Lantana 2381\
Kcndall Street Mandalay End of Stred 158:\
Kipling Plaza Eldorado Bay Esplanade 138A. ')491\
Lady Mary Drive Pierce Drew 187B
Lantana A venue Iris Juniper 238A, 249:\
Logan Strect Sunshine Belcher 162B
Mandalay i\ venue Baymont Acacia 158A.207A
Mandalay A \'cnue Acacia Juniper 238/\, 249A, 258A
ivtandalay A n:nue Juniper Bay Esplanadc 138A
Mango Strcet Eldorado Bay Esplanada 2491\
Martin Luther King Jr Palm Bluff Fail1110nt 2691\
Narcissis A vcnue Bay Esplanade Kipling Plaza 149/\
Nan.:issis A venue Kipling Plaza A urel 238A
Nareissis A vcnue Aurel Lantana 238A
Park Street Lincoln Waverly 18713
Pierce Strcet Lincoln Evergrcen PI. 287B
Pine Street Ft. Harrison End of Strect 195B
Poinsettia A venuc Bay Esplanade Royal Way 158/\
Poinsettia A venue Royal Way Somersct 2581\
Rainbow Drive Corona Arcturus 289/\
Rosewood Stcet Glenwood End of Strect 279/\
Royal Way Mandalay End of Strcet 258/\
Somcrset Strcet Entire Length 258/\
Sunnydale Blvd Herculcs Belchcr 2(l2B
Sunset Drive Sunburst Ct. End of Strect 259B,2Mm
Verhena Bruce Narcissus 249 :\
Waverly Way Pierce Park 28713
Windsor Dri\'c Nugget Pine 25213
Windsor Place Windsor End l1f Strect 25213
901 Saturn A \"cnue
21133 US 19 North
1190 Russell Street
TABLE 1- 2003 STREET RESURFACING
PARKING LOTS
Name
Ci ty Cemetery
Electrical Ficld Office
Fire Station #47
un Station #23
Nursery Field Office
US 19 Soccer Fields
Phillip Jones Field
Location
~oo Lakevicw Road
406 S. Madison A venue
Highland and Lakeview
Bett ' Lane and Overlea
Clearwater City Commission
Agenda Cover Memorandulll
Work session lIem #: YL,U 0
Final Agenda Item # ~3 ~
Meeting Date:
07-17-m
SUBJECT/RECOMMENDATION: Accept a 187 square foot, more or less, perpetual Right-of-Way and
Utilities Easement conveyed by Betty J. Saliga, as Trustee, in consideration of payment of $1500 to Ms.
Saliga, over and across a portion of Lot 59, AMBLESIDE SUBDIVISION, SECOND ADDITION as more
particularly described therein.
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
· In the late 90's residents of Grandview Terrace and Ambleside subdivisions were concerned with
increasing vehicle traffic and pedestrian safety within their neighborhood.
· Concerned neighbors worked with City Engineering staff to develop a traffic-calming plan designed to
reduce vehicle speeds within the area and improve neighborhood esthetics. The resulting plan
included development of two roundabouts, three mini-circles, several medians and speed tables, and
replacement of a number of stormwater pipes and structures.
· The plan called for a roundabout to be constructed at Palmetto Street and Casler Avenue to
reduce motor vehicle speeds, provide safe crossing for students of John F. Kennedy Middle
School, as well as for other pedestrians and bicyclists using the intersection.
· The roundabout required additional right-of-way from all four corners of the intersection. The
subject easement grant is one of five that have been granted for project purposes.
· Construction will be performed during the summer, with completion anticipated prior to school
resuming in August.
· A copy of the easement document is available for review in the Office of Official Records and
Legislative Services.
Reviewed by:
Legal J.J.j ~ Info Srvc NA
BUdget. -* f1.5PUblic work.s./~r; "
PurchaSing NA DCM/ACM ../ .
Risk Mgmt NA Econ. Del
Originating Dept:
Public Works (E. Barrett)
~ User Dept.
Funding Source:
CI X
OP
Other
Costs
Total
$1500
Current FY
X
Attachments
Submitted by:
City Manage~ ~ ~a ~
NONE
Appropriation Code:
315-92259.560100-541-000
Printed on recycled paper S: pwa on san1/EnglnlWord/Agenda/RE.2003/Palmetlo/Casler R/W Easement-Sallga 071703.doc Rev. 2/98
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Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
Parcel No. 11-29-15-00903-000-0590
RIGHT OF WAY & UTiliTIES EASEMENT
FOR AND IN CONSIDERATION of the sum of Fifteen Hundred and ---00/100---Dollars
($1500.00) cash in hand paid to her, the receipt of which is hereby acknowledged, and the benefits to
be derived therefrom,
Betty J. Saliga, as Trustee, u/a/d October 24, 1996, a revocable living trust
906 Casler Avenue, Clearwater, FI. 33755-5507
(herein, "Grantor") does hereby grant, bargain and convey to the CITY OF CLEARWATER, FLORIDA,
a Florida Municipal Corporation, (herein, "Grantee"), its licensees, agents, successors and assigns, for
the use of the general public, easement for the purposes herein expressed over, under and across the
following described land lying and being situate in the City 0 Clearwater, County of Pinellas, State of
Florida, to wit:
A portion of the Lot 59, AMBLESIDE SUBDIVISION, SECOND ADDITION, as
recorded in Plat Book 64, Page 17, Public Records of Pinellas County, Florida, as
more particularly described and depicted in EXHIBIT "A" appended hereto.
This easement is granted for public right-of-way and public utility purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-
described premises and to construct, install and maintain thereon and therein public roadway,
sidewalk, curbing and utility facilities and to inspect and alter such public roadway, sidewalk, curbing
and utility facilities from time to time.
Grantor hereby warrants and covenants with Grantee that Grantor is the lawful owner of the fee
simple title to the herein described easement premises, that Grantor has full right and lawful authority
to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful
possession, use and enjoyment of this easement.
It is expressly understood and agreed that Grantor reserves all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
Paqe 2 - R/W & Utilities Easement
RE: Parcel No. 11-29-15-00903-000-0590
Grantor: Betty J. Saliga, Trustee
Grantee: City of Clearwater, Florida
The easement herein granted, and the covenants and restrictions hereby imposed, shall be
easements, restrictions and covenants running with the land, intended where appropriate to bind the
Grantor's property and to benefit the Grantee. Each person, firm or entity accepting a conveyance of
the Grantor's property or any portion thereof, shall be bound by the terms, provisions or conditions of
this Grant of Easement, as if said person, firm or entity were original parties hereto.
IN W~ WHEREOF, the Grantor has caused these presents to be executed this ~
day of ~' , 2003.
Signed, sealed and delivered
In the presence of:
~ l~~, BtA,n
ITNESS signature \S
~e:^~ ~. Q~~G-
Print W TNESS Name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this;'V!( day of ~ __ ,
2003 by Betty J. Saliga, Trustee, who executed the foregoing instrument and- ~~I#>wledged the
execution ereof to be her free act and deed for the use and purposes herein set forth.
My Commission Expires:
Notary Public - St e of North Florid~
~;,: ~zM
Type/Print Name
...~- _....--
~~'..II~ EARL W. BAHRETT:J
~ ~ ,. MY COMMI5SIO. N * CC'n7r>\l6.
'f~ lIr I\~$ EXPlnES: MIY 2b, 200.1
1~OTAAY~ FlN"~S<><\-iC<l~':.:..k'C
[ ] fYrsonally Known
(vrProduced Identification
Type of Identification Produced
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LOT 1159
LeQal Description
. Begin at the Northeast corner of Lot 59, AMBLESIDE SUBDIVISION, SECOND
ADDITION, as recorded In Plat Book 64, Page 17, of the Public Records of Pinellas
County, Florida, for a POINT OF BEGINNING; thence SOoo10'11"W along the East
boundary of said lot a distance of 32.10 feet; thence N26022'53"W, a distance of
25.83 feet, to a point of Intersection on the North boundary of said lot; thence
N52015'42"E along the North boundary of said lot a distance of 14.63 feet to the
POINT .OF BEGINNING. Containing 0.0043 acres, more or less.
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POI NT OF
BEGI NtH NG
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Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
PLU '7
3c;
Final Agenda Item #
Me8!ing Date:
07-17-0::\
SUBJECT/RECOMMENDA liON: Accept a 135 square foot, more or less, perpetual Right-of-Way
and Utilities Easement conveyed by William C. and Virginia G. Lupton, as Trustees, conveyed for
51.00 and other consideration estimated at 55500 over and across a portion of Lot 58. AMBLESIDE
SUBDIVISION, SECOND ADDITION, as more particularly described therein.
SUMMARY:
. In the late 90's residents of Grandview Terrace and Ambleside subdivisions were concerned with
increasing vehicle traffic and pedestrian safety within their neighborhood.
. Concerned neighbors worked with City Engineering staff to develop a traffic calming plan designed to
reduce vehicle speeds within the area and improve neighborhood esthetics. The resulting plan
included development of two roundabouts, three mini-circles, several medians and speed tables, and
replacement of a number of stormwater pipes and structures.
. The plan called for a roundabout to be constructed at Palmetto Street and Casler Avenue to reduce
motor vehicle speeds, provide safe crossing for students of John F. Kennedy Middle School, as well as
for other pedestrians and bicyclists using the intersection.
. The roundabout required additional right-of-way from all four corners of the intersection. The subject
easement grant is one of five that have been granted for project purposes.
. In consideration of the Grantor conveying the easement, the City contractor will construct a circular
driveway, remove two diseased palm trees, and relocate a number of plants and shrubs for the Grantor
during project construction.
. Intersection improvements will be constructed during the summer, with completion anticipated prior to
school resuming in August.
. A copy of the easement documentation is available for review in the Office of Official Records and
Legislative Services.
Reviewed by:
Legal ~
Budget NA
Purchasing NA
Risk Mgmt NA
Originating Dept:
Public Works (E. Barrett)
User Dept.
Funding Source:
CI X
OP
Other
Info Srvc
Costs
Total
$5500
NA
Public WorkS~
DCMlACM/ --t;fL
Other ( NA
CurrentFY
X
Attachments
Submitted by:
City Managel"'D A ~ ~
~ _..I,
[g] None
Appropriation Code:
315.92259.561200.541.000
Printed on recycled paper 5: pwa on san1/EnginIWordJAgendaiPalmetto/Casler RJW Easement - Lupton 071703.doc
Rev. 2/98 .
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Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
Parcel No. 11-29-15-00903-000-5800
RIGHT OF WAY & UTiliTIES EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to them, the
receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
William C. Lupton and Virginia G. Lupton, as Trustees
under the Revocable Trust Agreement dated November 11, 1989
1655 Palmetto Street, Clearwater, FI. 33755-5512
(herein, "Grantor") do hereby grant, bargain and convey to the CITY OF CLEARWATER, FLORIDA, a
Florida Municipal Corporation, (herein, "Grantee"), its licensees, agents, successors and assigns, for
the use of the general public, easement for the purposes herein expressed over, under and across the
following described land lying and being situate in the City 0 Clearwater, County of Pinellas, State of
Florida, to wit:
A portion of the Lot 58, AMBLESIDE SUBDIVISION, SECOND ADDITION, as
recorded in Plat Book 64, Page 17, Public Records of Pinellas County, Florida, as
more particularly described and depicted in EXHIBIT uA" appended hereto.
This easement is granted for public right-of-way and public utility purposes.
The CITY OF CLEARWATER, FLORIDA, shall have the right to enter upon the above-
described premises and to construct, install and maintain thereon and therein public roadway,
sidewalk, curbing and utility facilities and to inspect and alter such public roadway, sidewalk, curbing
and utility facilities from time to time.
Grantor hereby warrants and covenants with Grantee that Grantor is the lawful owner of the fee
simple title to the herein described easement premises, that Grantor has full right and lawful authority
to grant and convey this easement to Grantee, and that Grantee shall have quiet and peaceful
possession, use and enjoyment of this easement.
It is expressly understood and agreed that Grantor reserves all rights of ownership of the
easement premises not inconsistent with the easement rights granted herein.
,
Paqe 2 - RIW & Utilities Easement
RE: Parcel No. 11-29-15-00903-000-0580
Grantor: William C. Lupton & Virginia G. Lupton, Trustees
Grantee: City of Clearwater, Florida
The easement herein granted. and the covenants and restrictions hereby imposed, shall be
easements, restrictions and covenants running with the land. intended where appropriate to bind the
Grantor's property and to benefit the Grantee. Each person, firm or entity accepting a conveyance of
the Grantor's property or any portion thereof, shall be bound by the terms, provisions or conditions of
this Grant of Easement, as if said person, firm or entity were original parties hereto.
IN ~~S WHEREOF, the Grantor has caused these presents to be executed this ;?4'~
day of ~/ , 2003.
Signed, sealed and delivered
~~/
WITNESS signatu
M~~ :5". ~~,~r
Print W TNESS Name
W
Print WITNESS Name
STATE OF FLORI DA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this J!!i. day of 7?1' ~ ,
2003 by William C. Lupton, Trustee, who executed the foregoing instrument and a~k~~ledged the
execution thereof to be his free act and deed for the use and purposes herein set forth.
~~ My Commission Expires:
Notary Public - State of North Florida ,..,---~-- - ----,-,
c;,d, ~ ~aa~
Type/Print Name
~ S.lIfti~\:, E/\l~L W. BARREr!' J\
.~ 0: ~~J '" '.IY l'O~I'.lls.<;ln;.; 0: cc '.; :~',,,
~'tl(~~.'" r~~ r'''I'IRl:~' ~4.,\" ")~l 2(,t:"i
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~ ~ .X"l ;l_ttC.:.':;;Y rL U~":"Y S",\,,;n p, Or".. J ',.. :
......-.------ .-..---.-,--.---.......-... ....
[ ] Personally Known
[ vlProduced Identification
Type of Identification Produced
~c.. /)/Zt'IICIt:J' ",L/ct'AJS~
,
Paqe 3 - RIW & Utilities Easement
RE: Parcel No. 11-29-15-00903-000-0890
Grantor: William C. Lupton and Virginia G. Lupton, Trustees
Grantee: City of Clearwater, Florida
STATE OF FLORIDA:
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me thisl"~ day of ~ '
2003 by Virginia G. Lupton, Trustee, who acknowledged the execution thereof to be r free act and
deed for the use and pur oses herein set forth.
My Commission Expires:
-.......-...\.
Notary Public - Sta e of Florida
&? N.~~/-
Type/Print Name
r~
{..::).fl',~:~ E^RL \V. BARRETT ~
~ ... 'I). t> I
\ '.\ ~l;;.dJ '" MY COMMISSION iI C(' ',');,"'.
':'tr.;\\<JiP E."J'lnES: M.y 21" ~V.J.I
!..;.~~.~,.~~~.::.':~'~
[ ] Personally Known
[...)produced Identification
Type of Identification Produced
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EXHIBIT "A"
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R 167.95' l 13.24'
Oolla 4'31'00.
___ C 13.235'
----~7.07.05-E
b~ A'----POINT dr
,.... cj...'l. BEGINNING
i" fNE CORNERI
~~
Le~al Description
Begin at the Northeast corner of Lot 58, AMBLESIDE SUBDIVISION, SECOND
ADDITION, as recorded in Plat Book 64, Page 17, of the Public Records of Pinellas
County, Florida, for a POINT OF BEGINNING; thence S52Q15'42"W along the East
boundary of said lot a distance of 14.63 feet; thence N61056'09"W, a distance of
20.84 feet to a point of cusp on a curve on the North boundary of said lot; thence
along a curve to the left, being the North boundary of said lot, having a radius of
167.95 feet, a central angle of 04031'00", an arc length of 13.24 feet, a chord
bearing S87007'05"E, and a chord distance of 13.235 feet; thence S89Q22'50"E
along the North boundary of said lot a distance of 16.74 feet, to the POINT OF
BEGINNING. Containing 0.0031 acres, more or less.
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ITEM #.
o.
Clearwater City COlllmission
Agenda Cover Memorandum
'-'
Work session Item #
Puyt;
'+0
Final Agenda Item #
Meeting Date:
07-17-m
SUBJECT/RECOMMENDATION: Approve a contract with Arnold Brown Properties, a Florida limited
partnership. to sell surplus vacant property identified as Pinellas County parcel 16-29-15-00000-120-
0600 for 5202,000, subject to terms and conditions contained therein, including but not limited to the
buyer committing to initiating construction of a redevelopment project with an FAR of not less than
3.0 and of not less than 216,000 square feet, more or less, within 5 years of purchase,
00 and that the appropriate officials be authorized \0 execute same.
SUMMARY:
. The Commission declared the subject parcel that extends along the south side of Drew Street
between Osceola Avenue and North Ft. Harrison, containing 18,709 square feet, more or less, as
surplus on January 23, 2003.
. Invitation For Bid No. 11-03 issued on February 3,2003 invited bids that met the minimum bid price of
$187,000 established by appraisal, and the redevelopment conditions stipulated by the Commission.
. At bid opening on February 18, 2003 Arnold Brown Properties submitted the only sealed bid meeting
all requirements of the Invitation For Bid.
. The subject contract, among its provisions, provides that the buyer pay transaction closing costs,
netting the City $202,000 that will accrue in 435-00000433507-000-000 (Parking Fund, Lot 7
revenue).
. If within 5 years following closing the buyer fails to obtain a development order and a foundation
permit for one or more approved buildings, the City will have the right to require the buyer to reconvey
title to the City upon repayment of the original purchase price of $202,000.
. The subject property is located within the Downtown Core Character District of the pending Downtown
Plan Update. In the Downtown Core District, the maximum allowable FAR is 4.0 and the maximum
density is 70 dwelling units or 95 hotel units. It is anticipated that the subject property will be
combined with the Arnold Brown property to the immediate south for a total redevelopment site. All
redevelopment of the site shall be consistent with the pending Downtown Plan Update.
. A copy of the purchase contract is available for review in the Office of Official Records and Legislative
Services.
Reviewed by:
legal ?k~.~-~)
Budget A'-
Purchasing NA
Risk MgnH NA
Originating Dept:
Public Works (E. Burett)
User Dept. 1V.':{v
Economic De~ePopment
Attachments
Current FY
Funding Source:
CI
OP
Other
Info Srvc
Costs
Total
NA
Econ. Dev.
feli't\" () ,
\ \..../
Submitted by: ~ .. -
City Han.Jger I".)C,>> ~
Locator ~1:lp
Appropriation Code:
.
V Printed on recycled p.1per S: pw~ on un l/Engln/Word/ Agend~/RE.2003/Property S~le: Drew a Osceol~ p~rcel ~gn 071703. doc Rev.
2/98
87/89/2083 13:24
7275524755
El'l(3
PAGE 82
LOCATOR MAP
Vacant Draw & Osceola Parcel-a/k/a 421 Drew Street
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CONTRACT FOR SALE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: The CITY OF CLEARWATER, FLORIDA, a Municipal Corporation of the State of Florida (herein
"Seller" or "CIty"). P. O. Box 4748, CleaN/ater, Florida 33758-.H48, and ARNOLD BROWN PROPERTIES, a
Florida general partnership. 17757 U. S. Highway 19 North, SUite 275, Clearwater, FI. 33764 (herein "Buyer"),
(collectively "Parties"), hereby agree that the Seller shall sell and Buyer shall buy the following real property
("Renl Property") and personal property, if any ("Personalty") (collectively "Property") upon ttle following terms
,Jnd conditions.
THE "EFFECTIVE DATE" OF THIS CONTRACT IS THE DATE OF EXECUTION BY
DULY AUTHORIZED CITY OFFICIALS. TIME IS OF THE ESSENCE IN THIS
CONTRACT.
Time periods of 5 days or less shall be computed without including Saturday,
Sunday, or national legal holidays and any time period ending on a Saturday,
Sunday or national legal holiday shall be extended until 5:00 P.M. of the next
business day.
1. PROPFRTY DFSCRIPTION
LEGAL DESCRIPTION: A portion of the Northwe5t 'I. of the Northeast 'I. of Section 16, Township
29 South, Range 15 East, Clearwater, Florida being more particularly
described as follows:
Begin at the intersection of the south right-at-way line ot Drew Street and
the west right-of-way line of North Fort Harrison Avenue for a POINT OF
BEGINNING; run thence south along the west right-of-way line of North
Fort Harrison Avenue, 54.30 feet; thence west, 345.00 feet; thence north,
54.30 teet, thence east along the south right-ot-way line ot Drew Street,
344.08 feet to the POINT OF BEGINNING.
STREET ADDRESS: 421 Drew Street, Clearwater, Fl. 33755
PERSONALTY: None to be conveyed
2. FIJI I PURCHASI= PRICE ............................................................................................. S 20200000
3. MANNER OF PAYMFNT
Total Deposit(s) to be held in escrow by Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A. S 500000
Balance to be paid at closing in U.S. funds, cash, certified or
cashier's check, subject to adjustments and prorations....................................................S 19700000
4. TIME FOR ACCEPTANCE
FollOWing execution of this contract by Buyer, the price, terms and conditions as contained herein shall remain
uncllanged and be held unconditionally open for a period of 45 days following delivery in duplicate original to Earl
Barrell, Real Estate Services Manager of the City of Clearwater for acceptance and Clppraval or rejection by
action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved by the
Commission, it will be executed by duly authorized City officials and delivered to Buyer within 10 days thereafter.
If this contrClct is rejected by the Commission upon initial presentation to the Commission. this contruct shall be
null and void IJ1 all respects and Buyer shall be so informed in writing within 5 days of such action.
5. DILE
Sell(~r shall convey marketable title to tile Property by SPECI,\L WARHANTY DEED. subject only to matters
contillr1ed In P<lr;]graph G i]t\d those otherWise accepted by Buyer Tile deed shnll c:ontain Ihe language set forth
on C<:HIBIT "/," Otherwise title shall be free of liens and cncUll1braf1ces of record or known to Seller. but subject
to property ta."';s for the year of c1osmg. If any. covenants, restnc:<;'lS and publiC utlilty easements of record: Clnd
(other mattn.rs ','.'llch lllle wlli be 5ubjec\\. No_OUlers. prOVided ther-:: eXists at C10511'9 no violiltlon of the foregoing
,Hid norH: of Ihl;r1I prevents. or renders rTlatenillly more difflCL't or expenSive. Buyer's Intended use of the
Prorerty for n'e purposes descnhed In E\HIBIT "Ad 311actled here:: and incorporated twrein
6. JITI E FVIDENCE
Buyer may, at Buyer expense and within at least ---1.0- days prior to closing date obtain a title insurance
commitment issued by a Florida licensed title insurer agreeing to issue Its title insurance policy subject only to
liens. encumbrances, exceptions or qualifications set forth in this Contract, and those which shall be discharged
by Seller at or before closing. Seller shall convey a marketable title subject only to liens, encumbrances,
exceptions or qualifications set forth in this Contract. Marketable title shall be determined according to applicable
Title Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 10 days to examine
title evidence following receipt. If title is found defective. Buyer shall, within 3 days thereafter, notify Seller in
writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have 120 days from receipt of
notice within which to remove the defect(s), failing which Buyer shall have the option of either accepting the title
as it then IS or withdrawing from this Contract. Seller wiil, if title is found unmarketa:,le, make diligent effort to
correct defect(s) in title within the time provided therefore, including the bnnging of necessary suits.
7. SLJRVFY
Buyer. at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may have Real
Property surveyed and certified to the Buyer. Seller and closing agent by a registered Florida land surveyor. If
survey shows any encroachment on Real Property. or that improvements located on Real Property encroach on
setback lines, easements. lands of others, or violate any restrictions, contract covenants or applicable
governmental regulation, the same shall constitute a title defect.
8. CLOSING PLACE ANn DATF
Buyer shall designate closing agent and this transaction shall be closed in the offices of the designated closing
agent in Pinellas County. Florida, on or before .J::mlJary 10, 2004 ,unless extended by other provisions of
this contract. If either party is unable to comply with any provision of this contract within the time allowed, and be
prepared to close as set forth above. after making all reasonable and diligent efforts to comply, then upc.n giving
written notice to the other party, time of closing may be extended up to ..3!Ldays without effect upon any other
term, covenant or condition contained in this contract.
9. CLOSING DOr.t1MFNTS
Seller shall furnish deed, bill of sale, construction lien affidavit. assignments of leases, tenant estoppel letters.
and corrective instruments as applicable to this transaction. Buyer shall fumish closing statement.
10. ClOSING FXPENSFS
Recordation of the deed and Documentary stamps on the deed. unless this transaction is exempt under
Chapter 201.24, Florida Statutes, shall be paid by the Buyer, Seller shall pay the costs of recording any
corrective instruments.
11. PRORATIONS; CRFnlTS
If there should exist any taxes, assessments, rent and other revenue specific to the Property, all of such
expenses and revenue shall be prorated through the day before closing. If the amount of taxes and assessments
for the current year cannot be ascertained, rates for the previous year shall be used with due allowance being
made for improvements and exemptions. Any deposits held by Seller in trust for third parties in occupancy of the
Property shall be credited to Buyer at time of closing. Assessments for any improvements that are substantially
complete at time of closing shall be paid in full by Seller.
12. PROPFRTY CONOITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition. ordinary wear and
tear excepted. and sl1all maintain the grounds in a comparable condition. Seller makes no warrLltlties other than
as disclosed herein in Paragraph 14 ("SELLER WARRANTIES") and marketability of title.
13. SElLER HELD HARMl ESS.
Buyer agrees to indemnify and hold harmless the Seller Without limitation from any losses, damages, costs.
including attorney's fees. claims of injury to or death of any person(s), any damage to property of Buyer. or the
Property, and from and against any and every liability to any person arising from Buyer conduct of sur,'ey and
related work performed pursuant to Paragraph 7 above
14. SEll FR WARRANTIFS
Seller wurrants that there are no facts kno,','Il to Seller tllat '.'Iould miitenaily effect the value of Ihe Prc;)crty, or
which would be detnrnentalto ttle Property. or which would affect Buyer's deSire to purchase the propert/ except
2
as follows: NONE KNOWN.
15. PROCFFDS OF SAI F' ClOSING PROCFDIJRE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by Seller's
attorney or by such other mutually acceptable escrow agent for a period of not longer than 5 days from and after
closing, during which time evidence of title shall be continued at Buyer's expense to show title in Buyer. without
any encumbrances or change which would render Seller's title unmarketable from the date of the last title
evidence. If Seller's title is rendered unmarketable through no fault of the Buyer, Buyer shall. within the 5 day
period. notify the Seller in writing of the defect and Seller shall have 30 days from the date of receipt of such
notification to cure the defect. If Seller fails to timely cure the defect, all funds paid by or on behalf of the Buyer
shall. upon written demand made by Buyer and within 5 days after demand, b~ returned to Buyer and
simultaneously with such repayment, Buyer shall return Personalty and vacate Real Property and reconvey it to
Seller by special warranty deed. If Buyer fails to make timely demand for refund, Buyer shall take tllle "as is",
waiving all rights against Seller as to any intervening defect except as may be available to Buyer by virtue of
warranties contained in the deed. The escrow and closing procedure required by this provision shall be waived if
title agent insures adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
16. DEFAUlT
If Buyer fails to close within the time specified (including payment of all deposit(s)), the deposit(s) paid by
Buyer may be retained by or for the account of Seller as agreed upon liquidated damages, consideration for the
execution of this contract and in full settlement of any claims; whereupon, Buyer and Seller shall be relieved of all
obligations under this contract. If, for any reason other than failure of Seller to make Seller's tille marketable after
diligent effo~t, Seller fails. neglects or refuses to perform this contract. the Buyer may seek specific performance
or elect to receive the return of Buyer deposit(s) without thereby waiving any action for damages resulting from
Seller's breach. Seller does not waive any rights, claims, or action for damages resulting from Buyer's failure to
perform any other terms of this contract, including but not limited to, performance of the Development Conditions
as described in EXHIBIT "A" herein.
17. RADON l;AS NOTIFICATION
RADON GAS: Radon is a naturally ot.curring rauioactive ga~ that, whe:1 it has accumulated in a
building in sufficient quantities, may present health risks to persons who are exposed to it over
time. Levels of radon that exceed federal and state guidelines have been found in buildings in
Florida. Additional information regarding radon and radon testing may be obtained from your
county public health unit.
18. CONTRACT NOT RFCORnARI F; PFRSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind and
inure to the benefit of the parties and their successors in interest. Whenever the context permits, singular shall
include plural and one gender shall include all.
19. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the United
States Mail. properly stamped and addressed to the respective party to be notified. including the parties to this
contact, the parties attorneys, escrow agent, inspectors, contractors and all others who will in any way act at the
behest of the parties to satisfy all terms and conditions of this contract.
20. ASSIGNABILITY' PERSONS ROUND
This contract is no! assignable. The terms "Buyer", "Seller". and "Broker" (if any) may be singular or plural.
This Contract is binding upon Buyer. Seller. and their heirs, personal representatives. successors and assigns (if
assignment is permitted).
21. ATTORNEY FI=ES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's f<::;es and costs.
22. NO RROKER
Seller and Buyer represent and agree they have dealt with no BrOKer or finder in connection with the
trcmsactlons contemplated hereby. Seller and Buyer further agree to Indemnify the other from any damage,
liability or e,pense either may suffer as a result of any claim of a Broker or finder \\lth whom it is determined that
the other party has dealt with in contravention of this agreement; except. however. that total City obligations
3
under this provision shall be subject to the limits and restricticns of the Florida sovereign immunity statute, F.S,
768.28. Seller acknowledges that Lee E. Arnold. Jr., is a licensed real estate broker acting for his own aCCOUflt.
23. TYPEWRITTFN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printec Drovlsions of contract in conflict with them.
24. EFFECT OF PARTIAL INVAllnlTY
The invalidity of any provision of this contract will not and sha:1 not be deemed to effect the validity of any other
provision. In the event that any provision of this contract is held to be invalid, the parties agree that the rematning
provision$ shall be deemed to be in full force and effect as if tney held been eXecuted by both parties subsequent
to the expungement of the invalid provision.
25. GOVF=RNING LAW
It is agreed by and betvveen the parties hereto that this contract shall be governed by, construed, and enforced
in accordance with the laws of the State of Florida.
26. COllNTFRPARTS; FACSIMILF COPY
This contract may be executed in \\'.'0 or more counterparts, each of which shall be deemed an original and all
of which together shall constitute one instrument. A facsimile copy of this contract. including any addendum.
attachments and written modifications hereof, and any initials or signature thereon shall be deemed an original.
27. INSPFCTION OF RFAI PROPFRTY
Seller hereby grants to Buyer the right to enter upon the Real Property prior to closing to inspect, investigate
and conduct tests and environmental audits on the Property and take whatever action Buyer deems necessary or
desirable to determine the Property's suitability for Buyer's intended use. Buyer shall restore the Property to the
condition exisling prior to Buyer conducting any test on the Property pursuant to this Paragraph 27. Buyer shall
indemnify and hold Seller harmless from any damage, liability, expense or claim resulting from the failure of
Buyer or Ule agents, contractors, employees and representatives of Buyer to exercise rea&onable care in the
conduct of such tests, inspections or examinations and/or Buyer's failure to pay any bills. invoices or other
charges relating to such tests, inspections and examinations. If any Hazardous Materials (hereinafter defined)
are discovered on the Real Property. Buyer may terminate this Contract whereupon the depOSit hereunder shall
be returned to Buyer. The term "Hazardous Materials" as used herein shall mean any substance, material.
waste. pollutant or contaminant which is toxic, dangerous, explosive, corrosive. flammable, infectious,
radioactive, carcinogenic. mutagenic or otherwise hazardous Including, without limitation. gasoline. diesel fuel.
petroleum. petroleum products. explosives, radioactive materials. polychlorinated biphenyls or related or similar
materials. radon gas, urea formaldehyde. asbestos or any material containing asbestos. lead. lead containing
malerials, electromagnetic waves or any other substance, material, wasle, Pollutant or contaminant as may be
defined as a hazardous, dangerolls, or toxic substance, material, waste, pollutant or contaminant by any Federal.
State or local environmental law, ordinance. rule, or regulation including, without limitation, the Comprehensive
Environmental Response. Compensation and Liability Act of 1980, as amended (42 U.S.C. Section 9601, et
seq.). the Hazardous Materials Transportation Act, as amended (49 U. S. C. Section 5101, et seq.), the
Resource Conservation and Recovery Act, as amended (42 U. S. C. Section 6901, et seq.). the Clean Air Act, as
amended (42 U. S. C. Section 7401. et seq.) and in the regulations adopted and publications promulgated
pursuant thereto or any other federal, state or local law. ordinance, rule or regulation applicable to the Property,
and establishing liability. standards or required action as to discharge, spillage. storage. uncontrolled loss,
seepage. filtration, disposal, removal. use or existence of a hazardous, toxic or dangerous substance, material or
waste.
28. SITE PLAN APPROVAL
Buyer's obligation to close is contingent on approval by Seller of a preliminary site plan for development of
tile Real Property for the used descnbed in EXHIBIT "1>.". Seiler agrees to ex.::cute the nppl1cat;on lor site plan
approval on the subject property.
29. MERGER BY DE;Fn
r..11 covenants, Warrill1t1es. llnd representations contained he'':?;n sll11l1l11erge \"I!ll tile deed a: IlIne of clos'ng.
except as ma/ be speCllicillly excluded elsewhere In \hls agreement Upon del:very of deee ~y the City. and
acceptance thereof by Buyer, the Buyer stlilll hold th~ City fore, er hilrrnless ltlereafter.
30. ENTIRE AGRE;EMFNT
Upon execution by Seller and Buyer, tnls contra;:t shall constitute the entire agreenlent bet....een the par'ues.
...
shall supersede any and all prior and contemporaneous written and oral promises, representations or condition in
respect thereto. All prior negotiations, agreements, memoranda and writings shall be merged herein. Any
changes to be made in this agreement shall only be valid when expressed in writing, acknowledged by the
parties and incorporated herein or attached hereto.
THIS IS INTENDED TO BE A LEGALLY BINDING CONTRACT. IF NOT FULLY UNDERSTOOD,
SEEK THE ADVICE OF AN APPROPRIATE PROFESSIONAL FOR LEGAL, TAX, ENVIRONMENTAL
AND OTHER SPECIALIZED ADVICE PRIOR TO SIGNING.
Date:~,2003
ARNOLD BROWN PROPERTIES,
aZ:;;er~VhiP ,
,.. r /, /'
By:,;': .<-/:/ A.4"c'/ /
(Lee E. ~A'1old. r., Managing General Partner
.' ~----
~
APPROVED AND ACCEPTED THIS _ day of
.2003.
Countersigned:
CITY OF CLEARWATER, FLORIDA
Brian J. Aungst, Mayor-Commissioner
By:
William B. Home, II, City Manager
Approved as to form:
ATTEST:
'~~P(~~'
Laura Lipowski, Assistant City Attorney
Cynthia E. Goudeau. City Clerk
EXHIBIT "A"
Grantor shall have the right to require Grantee to reconvey the Property to Grantor i~lght
to Repurchase) if within a period ending five (5) years after the date of this conye: ance
(Option Period) Grantee has not obtained the following:
i) A development order applying to not less than 72.000 sq. It. of contigJous
land including the Property, approving a project with a floor area ratio or not
less than 3.0. and one or more of the following uses: residential, retail, cffice
or hotel; and
ii) A foundation permit for one or morc buildings approved in the development
order.
(Items I) and ii) above are collectively referred to as the "Development Conditions")
Grantor shall have ninety (90) days after receipt by Grantor from Grantee of wntten
notice of expiration, upon expiration of the Option Period in which to provide Grantee
written notice of Grantor's exercise of its Right to Repurchase. If Grantor timely
exercises its Right to Repurchase, Grantee shall reconvey the Property to Grantor as
follows: Closing on the reconveyance shall occur within thirty (30) days after recei;Jt by
Grantee of Grantor's written exercise of its Right to Repurchase. Title shall be
conveyed by Grantee to Grantor by a special warranty deed subject only to the same
encumbrances as are contained in this deed. At the time of reconveyance. Grantor
shall simultaneously pay Grantee as the price of repurchase the sum of $202,000,
subject to normal IJroratiuns. Gralltee :.;t1all iJa} any documentary stamp taxns required
in connection with the reconveyance. Grantor shall pay the cost of recording the
special warranty deed. If Grantor fails timely to exercise its Right to Repurchase above.
then upon request by Grantee, Grantor shall deliver to Grantee a release in recorcable
form releasing Grantor's rights under this paragraph.
At any time, Grantee may request in writing from Grantor a release in recordable form
of Grantor's Right to Repurchase (Written Request). Within sixty (60) days after receipt
of the Written Request, Grantor shall deliver to Grantee either (12) a release in
recordable form releasing Grantor's rights under this paragraph, or (2) if Grantor
determines in good faith that Grantee has not met the Development Conditions as of
the date of Grantor's receipt of the Written Request, written exercise of Grantor's Right
to Repurchase. If Grantor properly exercises its Right to Repurchase. then Grantee
shall reconvey the Property to Grantor as follows: closing on the reconveyance shall
occur within thirty (30) days after receipt by Grantee of Grantor's written exercise of its
Right to Repurchase. Title shall be conveyed by Grantee to Grantor by a special
warranty deed subject only to the same encumbrances as are contained in this deed.
At the time of reconveyance, Grantor shall simultaneously pay Grantee as the price of
repurchase the sum of $202.000.00. subject to normal prorations. Grantee shall pay
any documentary slamp taxes required in connection with the reconveyance. Grantor
shall pay the cost of recording the special warranty deed.
Time is of the essence in all matters relating to the Right to Repurchase.
E~arrellonp.'a':C'~fse1is'I"nold Brc,'" Drew S Osceola COCol 032.:03 doc
6
Final Agenda Item #
PLUcr
41
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Meeting Date:
07-17.m
SUBJECT/RECOMMENDATION: Approve a contract with Gerry D. Minear and Diane K. Minear to
purchase a portion of Lots 14 & 15, PINELLAS GROVES in Section 12, Township 29 South, Range 15 East,
a/k/a 2150 Range Road, for $635,000 plus projected expenses for boundary survey and closing costs of
$3500, for a total estimated consideration of $638,500.
Q. and that the appropriate officials be authorized to execute same.
SUMMARY:
s The current Fire CIP budget plan reflects building a new shop/supply facility, with design in FY 03/04 and
construction In FY 04/05. Fire planned to construct a new fire training facility in FY 03/04, but the
subject potential shop facility became immediately available in the same area. The two projects (training
and shop) will exchange time frames to take advantage of the opportunity to complete the subject
purchase for shop uses.
~ This project was previously anticipated for funding from Penny for Pinellas funds In fiscal years 2004 and
2005 in the total amount of $2 million. A third quarter budget amendment will reflect the appropriation
of $638,500 to fund the Shop/Supply Facility in the current year. The balance of the funding originally
anticipated for this project in the amount of $1,361,500 is proposed to be redistributed to the Fire
Training Facility project, and the change will be formally addressed in the Penny for Pinellas public hearing
In September.
~ The facility constructed on the subject property will accommodate even the largest new aerial
trucks for servicing. In addition to 5 bays, the facility contains 1,000 square feet of office space
and 3 restrooms. It is located close to the existing training complex, allowing apparatus drop off
at the shop while firefighters attend training.
~ The 7,900 square foot former State vehicle inspection station was listed for sale at $659,000,
and occupies 1.57 acres of land fronting Range Road just west of Belcher Road.
~ Two appraisals have been perfornled for the City: Colliers Arnold Valuation Services appraised
the property at $590,000 on April 24, 2003, and Valuation Services, Ine. valued the property
at $650,000 as of May 5, 2003.
~ A Transaction Screen Environmental Audit was performed by Lee Environmental Services in
October 2000. City Environmental Specialist Karma Killian has reviewed the report and re-
inspected the facility and adjoining properties on May 28, 2003. Ms. Killian is of the opinion
that based on information contained in the report, and her personal site inspection, that there are
no apparent environmental concerns or impairments that would preclude this property purchase.
Reviewed by:
Legal ~
Budget r~~
Purchasing NA
Risk Mgmt NA
Info Srvc NA
Public Works ~_
DCM/ A~ \ '""'V
oJL
Fire Dept. ~
Orlafn.lItlng Dept:
Public Works (E. Barreu)
User Dept.
Fire Dept.
AU.Jchmenu
Costs $638,500
Total
Funding Source:
Current FY
CI
OP
Other
Appropriation Code: J 15-91242-560100-
522-000
x
x
Submitted by:
City Hanager-W ~
NONE
Printed on recycled polper 5: PWoI on sanI/EnalnlWord/AaendvRE-200l/PropertY Pur(h~e:Hlne.llr 011" 01110l.doc
Rev. 2/98
Page 2 - Property Purchase: Minear
~ Closing and possession is scheduled to occur by not later than August 15, 2003.
~ A copy of this contract is available for review in the office of Official Records and Legislative
Services.
;: ,
, .
,
,;
I' " ( ",
" , I
CONTRACT FOR PURCHASE OF REAL PROPERTY
BY
THE CITY OF CLEARWATER, FLORIDA
PARTIES: Gerry D. Minear and Diane K. Minear, husband and wife (herein "Seller"), of 4515 Serenity
Trail, Palm Harbor, Florida 34685 Phone: (727) 937-6910, and the CITY OF CLEARWATER,
FLORIDA, a Municipal Corporation of the State of Florida (herein "Buyer" or "City") of P. O. Box 4748,
Clearwater, Florida 33758-4748, ATTENTION: William B. Horne, II, City Manager, (collectively
"Parties") hereby agree that the Seller shall sell and Buyer shall buy the following real property ("Real
Property") and personal property ("Personalty") (collectively "Property") upon the following terms and
conditions.
1. PROPERTY DESCRIPTION -2150 RANGE ROAD, CLEARWATER, FLORIDA
A portion of the NE1/4 of Section 12, Township 29 South, Range 15 East, Pinellas
County, Florida, being more particularly described as: PINELLAS GROVES, the
East 22 feet of Lot 14 and part of Lot 15 described as follows: from the SW corner
of the NE1/4 of the NE1/4 of said Section 12, Township 29 South, Range 15 East,
run 648.52 feet; thence North 40.00 feet for a POINT OF BEGINNING; continue
North 414.72 feet; thence South 730 East, 268.76 feet; thence South 151.38 feet;
thence West 157.10 feet; thence South 187.27 feet; thence West 100.00 feet to the
POINT OF BEGINNING, together with all improvements constructed thereon and
fixtures attached thereto. Containing 1.55 acres, more or less.
PERSONAL TV:
NONE
2. FULL PURCHASE PRiCE:............................................................................ $ 635,000.00
3. MANNER OF PAYMENT: City of Clearwater check in U.S. funds
at time of closing....... ............. ............ ........ .... .., .... $ 635.000 OQ
4. PURCHASE PRICE
The Full Purchase Price as shown herein has been reached through negotiations with the Seller by City
staff through Seller's agent, Debra Hogan, Charles Rutenberg Realty, Inc. The Purchase Price is
based upon and supported by the following appraisal reports: Colliers Arnold Valuation Services
appraisal dated April 24, 2003 - $590,000, and Valuation Services, Inc. appraisal dated May 5, 2003 -
$650,000.
5. TIME FOR ACCEPTANCE; APPROVALS
Following execution of this contract by Seller, the price, terms and conditions as contained herein shall
remain unchanged and be held unconditionally open for a period of 45 days following delivery in
duplicate original to City Manager of the City of Clearwater for acceptance and approval, or rejection by
action of the Clearwater City Commission ("Commission"). If this agreement is accepted and approved
by the Commission, it will be executed by duly authorized City officials and delivered to Seller within 10
days thereafter. If this contract is rejected by the Commission upon presentation, this contract shall be
null and void in all respects and Seller shall be so informed in writing within 5 days of such action.
,~~ "4.,11 \l \:.(~A 1
)yll '/ Y
6. TITLE
Seller warrants legal capacity to and shall convey marketable title to the Property by General Warranty
Deed, subject only to matters contained in Paragraph 7 acceptable to Buyer. Otherwise title shall be
free of liens, easements and encumbrances of record or known to Seller, but subject to property taxes
for the year of closing; covenants, restrictions and public utility easements of record; and no others
provided there exists at closing no violation of the foregoing and none of them prevents Buyer's
intended use of the Property. Seller warrants and represents that there is ingress and egress to the
Real Property sufficient for the intended use as described herein.
7. TITLE EVIDENCE
Seller shall, at Seller expense and within 15 days prior to closing date deliver to Buyer a title insurance
commitment issued by a Florida licensed title insurer agreeing to liens, encumbrances, exceptions or
qualifications set forth in this Contract, and those which shall be discharged by Seller at or before
closing. Seller shall convey a marketable title subject only to liens, encumbrances, exceptions or
qualifications set forth in this Contract. Marketable title shall be determined according to applicable Title
Standards adopted by The Florida Bar and in accordance with law. Buyer shall have 5 days from
receiving evidence of title to examine it. If title i3 found defective, Buyer shall, within 3 days thereafter,
notify Seller in writing specifying defect(s). If the defect(s) render title unmarketable, Seller will have
120 days from receipt of notice within which to remove the defect(s), failing which Buyer shall have the
option of either accepting the title as it then is or withdrawing from this Contract. Seller will, if title is
found unmarketable, make diligent effort to correct defect(s) in title within the time provided therefor,
including the bringing of necessary suits.
8. SURVEY
Buyer, at Buyer's expense, within time allowed to deliver evidence of title and to examine same, may
have Real Property surveyed and certified to the Buyer, Seller and closing agent by a registered Florida
land surveyor. If survey shows any encroachment on Real Property, or that improvements located on
Real Property encroach on setback lines, easements, lands of others, or violate any restrictions,
contract covenants or applicable governmental regulation, the same shall constitute a title defect. The
survey shall be performed to minimum technical standards of the Florida Administrative Code and may
include a description of the property under the Florida Coordinate System as defined in Chapter 177,
Florida Statutes.
9. CLOSING PLACE AND DATE
Seller shall designate closing agent and this transaction shall be closed in the offices of the designated
closing agent in Pinellas County, Florida, on or before August 15, 2003, unless extended by other
provisions of this contract.
Page 2 of 7
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Documentary stamps on the deed, unless this transaction is exempt under Chapter 201.24, Florida
Statutes, shall be paid by the Seller. Seller shall also pay the costs of recording any corrective
instruments. Recordation of the deed shall be paid by Buyer.
10. CLOSING DOCUMENTS
Seller shall furnish closing statements for the respective parties, deed, bill of sale (if applicable),
mechanic's lien affidavit, assignments of leases, tenant and mortgage estoppel letters, and corrective
instruments. If Seller is a corporation, Seller shall deliver a resolution of its Board of Directors
authorizing the sale and delivery of the deed and certification by the corporate Secretary certifying the
resolution and setting forth facts showing the conveyance conforms with the requirements of local law.
11. CLOSING EXPENSES
12. PRORATIONS; CREDITS
Taxes, assessments, rent (if any) and other revenue of the Property shall be prorated through the day
before closing. Closing agent shall collect all ad valorem taxes uncollected but due through day prior to
closing and deliver same to the Pinellas County Tax Collector with notification to thereafter exempt the
Property from taxation as provided in Chapter 196.012(6), Florida Statutes. If the amount of taxes and
assessments for the current year cannot be ascertained, rates for the previous year shall be used with
due allowance being made for improvements and exemptions. Any deposits held by Seller in trust for
third parties in occupancy of the Property shall be credited to Buyer at time of closing. Assessments for
any improvements that are substantially complete at time of closing shall be paid in full by Seller.
13. OCCUPANCY
Seller warrants that there are no parties in occupancy other than the Seller, or as otherwise disclosed
herein. If Property is intended to be rented or occupied beyond closing, the fact and terms thereof shall
be stated herein, and the tenant(s) or occupants disclosed pursuant to Paragraph 14. Seller agrees to
deliver occupancy of the Property at time of closing unless otherwise stated herein.
14. LEASES
Seller shall, not less than 15 days before closing, furnish to Buyer copies of all written leases and
estoppel letters from each tenant specifying the nature and duration of the tenant's occupancy, rental
rates, advanced rent and security deposits paid by tenant. If Seller is unable to obtain such letter from
each tenant, the same information shall be furnished by Seller to Buyer within that time period in the
form of a Seller's affidavit, and Buyer may thereafter contact tenants to confirm such information. Seller
shall, at closing, deliver and assign all original leases to Buyer and credit Buyer with all advanced rents
and security deposits paid by or on behalf of each tenant.
15. PROPERTY CONDITION
Seller shall deliver the Property to Buyer at time of closing in its present "as is" condition, ordinary wear
and tear excepted, and shall maintain the landscaping and grounds in a comparable condition. Seller
makes no warranties other than is disclosed herein in Paragraph 22 ("SELLER WARRANTIES") and
marketability of title. Buyer's covenant to purchase the Property "as is" shall be with the right of
Page 3 of 7 ~ t( , \\ f,
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f'? ...., ;:.,Ig;)~' ~.t.i .:..... ,,\ . ft'f '.. -
liAs Is" With Right of Inspection: Subject to Buyer review and c:lcceptance of thc:lt certain Transaction
Screen Audit report provided by Seller, dated October 13, 2000 as prepared by Lee's Environmental
Services in accordance with ASTM Practice E 1528-00 guidance criteric:l , Buyer may, at Buyer expense
and within 21 days following the Effective Date ("Inspection Period"), conduct additional inspections,
tests, environmental and any other investigations of the Property Buyer deems necessary to determine
suitability for Buyer's intended use. Seller shall grant reasonable access to the Property to Buyer, its
agents, contractors and assigns for the purposes of conducting the inspections provided, however, that
all such persons enter the Property and conduct the inspections and investigations at their own risk.
Seller will, upon reasonable notice, provide utilities services as may be required for Buyer's inspections
and investigations. Buyer shall not engage in any activity that could result in a mechanics lien being
filed against the Property without Seller's prior written consent. Buyer may terminate this contract by
written notice to Seller prior to expiration of the Inspection Period if the inspections and/or investigations
reveal conditions which are reasonably unsatisfactory to Buyer, unless Seller elects to repair or
otherwise remedy such conditions to Buyer satisfaction; or Buyer, at its option, may elect to accept a
credit at closing of the total estimated repair costs as determined by a licensed general contractor of
Buyer's selection and expense. If this transaction does not close, Buyer agrees, at Buyer expense, to
repair all damages to the Property resulting from the inspections and investigations and return the
Property to its present condition.
inspection more specifically defined as follows:
16. WALK-THROUGH INSPECTION
At a time mutually agreeable between the parties, but not later than the day prior to closing, Buyer may
conduct a final "walk-through" inspection of the Property to determine compliance with any Buyer
obligations under Paragraphs 8 and 15 and to insure that all Property is in and on the premises. No
new issues may be raised as a result of the walk-through.
17. SELLER HELD HARMLESS
Buyer is self insured, and subject to the limits and restrictions of the Florida Sovereign immunity statute,
F.S. 768.28, agrees to indemnify and hold harmless the Seller from claims of injury to persons or
property during the inspections and investigations described in Paragraph 15(b) resulting from Buyer's
own negligence only, or that of its employees or agents only, subject to the limits and restrictions of the
sovereign immunity statute.
18. RISK OF LOSS
If the Property is damaged by fire or other casualty before closing and cost of restoration does not
exceed 3% of the assessed valuation of the Property so damaged, cost of restoration shall be an
obligation of the Seller and closing shall proceed pursuant to the terms of this contract with restoration
costs escrowed at closing. If the cost of restoration exceeds 3% of the assessed valuation of the
improvements so damaged, Buyer shall have the option of either taking the Property "as is", together
with either the 3% or any insurance proceeds payable by virtue of such loss or damage. or of canceling
this contract.
Page 4 of 7
~\, \i'li] Ii i, Ii \
19. PROCEEDS OF SALE; CLOSING PROCEDURE
The deed shall be recorded upon clearance of funds. Proceeds of sale shall be held in escrow by
Seller's attorney or by such other mutually acceptable escrow agent for a period of not longer than 5
days from and after closing, during which time evidence of title shall be continued at Buyer's expense to
show title in Buyer, without any encumbrances or change which would render Seller's title unmarketable
from the date of the last title evidence. If Seller's title is rendered unmarketable through no fault of the
Buyer, Buyer shall, within the 5-day period, notify the Seller in writing of the defect and Seller shall have
30 days from the date of receipt of such notification to cure the defect. If Seller fails to timely cure the
defect, all funds paid by or on behalf of the Buyer shall, upon written demand made by Buyer and within
5 days after demand, be returned to Buyer and simultaneously with such repayment, Buyer shall return
Personalty and vacate Real Property and reconvey it to Seller by special warranty deed. If Buyer fails
010 make timely demand for refund, Buyer shall take title "as is", waiving all rights against Seller as to
any intervening defect except as may be available to Buyer by virtue of warranties contained in the
deed. The escrow and closing procedure required by this provision may be waived if title agent insures
adverse matters pursuant to Section 627.7841, F.S. (1987), as amended.
20. DEFAULT
If this transaction is not closed due to any default or failure on the part of the Seller, other than to make
the title marketable after diligent effort, Buyer may seek specific performance or unilaterally cancel this
agreement upon giving written notice to Seller. If this transaction is not closed due to any default or
failure on the part of the Buyer, Seller may seek specific performance. If a Broker is owed a brokerage
fee regarding this transaction, the defaulting party shall be liable for such fee.
21. SELLER WARRANTIES
Seller warrants that there are no facts known to Seller that would materially effect the value of the
Property, or which would be detrimental to the Property, or which would effect Buyer's desire to
purchase the property except as follows: (Specify known defects. If none are known, write "NONE")
NONE
Buyer shall have the number of days granted in Paragraph 15 above ("Property Condition") to
investigate said matters as disclosed by the Seller, and shall notify Seller in writing whether Buyer will
close on this contract notwithstanding said matters, or whether Buyer shall elect to cancel this contract.
If Buyer fails to so notify Seller within said time period, Buyer shall be deemed to have waived any
objection to the disclosed matters and shall have the obligation to close on the contract.
22. RADON GAS NOTIFICATION
In accordance with provisions of Section 404.056(8), Florida Statutes (1989). as amended, Buyer is
hereby informed as follows:
Page 5 of 7
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.71 II \'J '
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RADON GAS: Radon is a naturally occurring radioactive gas that, when it has
accumulated in a building in sufficient quantities, may present health risks to
persons who are exposed to it over time. Levels of radon that exceed federal and
state guidelines have been found in buildings in Florida. Additional information
regarding radon and radon testing may be obtained from your county health unit.
23. CONTRACT NOT RECORDABLE; PERSONS BOUND
Neither this contract nor any notice of it shall be recorded in any public records. This contract shall bind
and inure to the benefit of the parties and their successors in interest. Whenever the context permits,
singular shall include plural and one gender shall include all.
24. NOTICE
All notices provided for herein shall be deemed to have been duly given if and when deposited in the
United States Mail, properly stamped and addressed to the respective party to be notified, including the
parties to this contact, the parties attorneys, escrow agent, inspectors, contractors and all others who
will in any way act at the behest of the parties to satisfy all terms and conditions of this contract.
25. ASSIGNABILITY; PERSONS BOUND
This contract is not assignable. The terms "Buyer", "Seller", and "Broker" (if any) may be singular or
plural. This Contract is binding upon Buyer, Seller, and their heirs, personal representatives,
successors and assigns (if assignment is permitted).
26. ATTORNEY FEES; COSTS
In any litigation arising out of this contract, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs.
27. TYPEWRITTEN OR HANDWRITTEN PROVISIONS
Typewritten or handwritten provisions shall control all printed provisions of contract in conflict with them.
28. BROKER REPRESENTATION
Seller is represented by Debra Hogan, Realtor, of Charles Rutenberg Realty, Inc., a Florida Licensed
Real Estate Brokerage firm ("Broker"), in a fiduciary capacity as representative of the Seller in
connection with the transactions contemplated hereby. Seller shall be responsible for any Brokerage
fee or expense due to said Broker.
29. EFFECT OF PARTIAL INVALIDITY
The invalidity of any provision of this contract will not and shall not be deemed to effect the validity of
any other provision. In the event that any provision of this contract is held to be invalid, the parties
agree that the remaining provisions shall be deemed to be in full force and effect as if they had been
executed by both parties subsequent to the expungement of the invalid provision.
Page 6 of 7
(A D)i J
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30. GOVERNING LAW
It is agreed by and between the parties hereto that this contract shall be governed by, construed, and
enforced in accordance with the laws of the State of Florida.
31. COUNTERPARTS; FACSIMILE COpy
This contract may be executed in two or more counterparts, each of which shall be deemed an original
and all of which together shall constitute one instrument. A facsimile copy of this contract, including any
addendum, attachments and any written modifications hereof, and any initials or signature thereon shall
be deemed an original.
32. ~NTIRE AGREEMENT
Upon execution by Seller and Buyer, this contract shall constitute the entire agreement between the
parties, shall supersede any and all prior and contemporaneous written and oral promises,
representations or conditions in respect thereto. All prior negotiations, agreements, memoranda and
writings shall be merged herein. Any changes to be made in this agreement shall only be valid when
expressed in writing, acknowledged by the parties and incorporated herein or attached hereto.
APPROVED & EFFECTIVE this
day of
,2003.
CITY OF CLEARWATER, FLORIDA
Countersigned:
By:
Brian J. Aungst, Mayor-Commissioner
William B. Horne II, City Manager
Approved as to form:
Attest:
( ,-
Laura LJpBwski, Assistant City Attorney
"
L>U
Cynthia E. Goudeau, City Clerk
SELLER: YJ," . 1Ji~
Gerry D. Minear
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Diane K. Minear
'-.
Page 7 of 7
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Clearwater City Commission
Agenda Cover l"vlemorandum
Final Agcnda Itcm ;:
qD/Ii% !
If;)
r-.kcting Datc:
July 17. 2003
S LJ B.J Eel' IR ECO l\1 MEN D A T ION:
Approve the :ontract for the construction of a 30G-space public parking garage and establish capital project
funding for this construction from revenues available in the Parking System Reserve Fund in the amount of 51,450,000
rv1
~ anJ thatthc appropriatc lJflicials bc authllri/ed III cxecutc '.lIne.
SUMMARY:
Last year the City Commission directed City Administration to negotiate with the Pelican Walk property owners to develop
a joint public/private approach for construction of a parking garage on the Pelican Walk site. On April 3, 2003 the City
Commission approved the terms of a Letter of Intent that Administration negotiated with the Pelican Walk owner and
directed Administration and Legal to develop a final contract for construction of a 300 space public parking garage. This
garage will be constructed and owned by the Pelican Walk owner and will be partially funded by the City. The source of
City funds will come from existing retained earnings in the Parking System Fund. The following points represent the key
terms of the contract:
1. The Pelican Walk property owner will construct, own and operate a 300-space parking garage.
2. The garage will open to the public on a first come. first serve basis for a minimum of 30 years.
3. The rates in the garage may be no higher than other Florida resort locations and in no case more than 150% of
the city's rate or $3.75 per hour, whichever is greater.
4. The minimum hours of operation will be from 10 a.m. to 10 p.m.
5. The garage will be designed for a minimum life of 40 years.
6. The garage will be designed to accommodate an additional two levels for future parking.
7. The garage will be designed in accordance with Beach By Design guidelines.
8. The garage design will be required to achieve a quality appearance.
9. The city will employ an "owner's representative" to review the design and construction of the garage. This is
estimated to cost $50,000.
10. The city shall have the right to review and approve the plans and specifications for the garage.
11. The Pelican Walk owner will commence construction within 12 months of approval of the detailed contract.
12. The garage will be maintained in a first class condition.
Originating DCIlI: /
Rc\'icwcd by: flJ< ':)
Legal ~ Info Tcch NA 0 Economic Dc\'e1opmcnt
Budgct --:,.~- Public Works . i 1'.\\ User DellI. ILL t-.,.'
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Purchasing ~" nC~IIAC\1 /LC-'') Economic Dc\'e1opmcnt
-
Ris\: ~Igml ~..\ Othcr :--:t\ Attachmcnts
- -
Costs
S 1.450.0()()
lOlal
Funding Sourcc:
Ca(lih)llmrh'''C'!''''~1
CUlTl'nl Fiscal Y car
Opel "tlO~
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Parking Systcm hllld
Submitted by: --n.^~ ~~... "
Cil\' Manager 0cJt.t ---
o Printed on rrr~ ded pllJl('r
Appropriation elldc:
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13. The city will provide an economic incentive of $1,400,000 to the Pelican Walk owner to construct the garage.
14. The city agrees to enforce parking violations in the vicinity of the garage.
15. The city will disburse the city funds in the following order: 100% of the cost of the design upon demonstration of the
completion of the design; disbursement of the remaining funds in conjunction with each one third completion of the
construction of the garage.
16. The city agrees not to participate in or construct additional public parking spaces within 1000 feet of the parking
garage for a period of five years or until the parking garage meets the definition of "stabilized revenue". This is
defined in the letter of intent. Exception to these restrictions relates to the city's participation in the development of
a resort in accordance with the provisions of Beach By Design.
17. Should the city desire to build additional parking within one thousand feet of the garage in the first five years, the
Pelican Walk owner will have sixty days to exercise the right to construct up to 200 spaces at Pelican Walk. If the
owner declines the city has the right to construct the spaces it desires within 1000 feet of the garage.
As the Commission is aware the city has struggled for more than five years to define locations and reasonable funding
alternatives for additional public parking on both north and south Clearwater Beach. Beach By Design identified the future
need for two locations on north beach and two locations of south beach. The Pelican Walk garage would be the first of
these to be constructed.
Pros
a. Three hundred new public parking spaces will be provided on north beach
b. These spaces will assist in the redevelopment of the Mandalay Street commercial corridor.
c. These spaces will provide additional parking for beach goers.
d. The city will not have to fully fund, own, operate and assume the liability of the facility.
e. An opportunity exists to add 200 spaces to the garage at no expense to the city.
f. The private sector will assume the revenue risk associated with the garage.
g. The garage improvements and land will remain on the tax roll.
Cons
a. The city will not own or control the garage.
b. Should the garage "cash flow" the city would not benefit from these revenues.
c. There will be a short duration during which the city will be restricted from building additional public parking within
1000 feet of the garage, unless associated with a major resort project.
d. The location is not the most efficient location for beach goers.
e. The city will commit a "one time" financial commitment of $1.4 million dollars to assist in the design and
construction of the garage and an additional $50,000 for "owners representative" services.
A third quarter budget amendment will establish a capital project in the amount of $1,450,000 to fund the construction with
allocation from the retained earnings of the Parking Fund.
The contract is available for review in the Official Records Clnd Legislative Services Dept.
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This Agrecmcnt lor Grant (thc "Agrecmcnt") is madc as of this _ day of Junc. _
2003. by and bl:twcen TIlE CITY OF CLEAR \V 1\ TER. FLORIDA. a municipal corporation and
political subdivision of the Statc of Florida (the "City"). and B. .I. E.. Inc. ("Pelican Walk").
WITNESSETH:
WHEREAS, thc City of Clearwater has adopted a community revitalization plan cntitled
Beach by Design:
WHEREAS. Beach by Design eontcmplates the provision of additional off-strcet parking
on Clearwater Beach in support of resort development, beach patronage and the revitalization of
North Mandalay;
WHEREAS, the new high span bridge between the mainland and Clcarwater Bcach is
scheduled to open on or before March 31, 2004;
WHEREAS, the new high span bridge will improve access to the beach and increase the
need lor off-street parking on Clearwater Beach:
WHEREAS, on days of peak beach patronagc, there IS a serIOUS shortfall 111 the
availability of public parking on Clearwatcr Beach;
WHEREAS, the City of Clearwater has exhaustively analyzcd the opportunities for
providing additional parking on Clearwatcr Bcach;
WHEREAS Pelican Walk is the owner of certain real property on Clearwater Beach
popularly known as the Pelican Walk Shopping Center;
\VHEREAS, one of the sites which the City has identified as a potential site for a parking
garage is the existing surface parking lot which is a part of the Pelican Walk Shopping Center
("Parking Garage Site");
WHEREAS, the City of Clearwater has conductcd various studies of the feasibility of
constructing additional off-street parking and c\'aluated more than twelve (12) di fferent sites;
WHEREAS, the seasonality of parking demand on Clearwater Beach compromises the
financial feasibility of providing additional parking becausc potential revcnucs are substantially
reduced during non-peak days;
WHEREAS, Pelican Walk has offered to work with the City of Clearwater to facilitate
the provision of additional off-street parking on Clearwater Bcach~
Pclican Walk Pllrkjn~ GlIrllllc Dl'\'clopmcnt Agrccment (I>I{AFT)
I of 30
.July H, 2003
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WHEREAS. the City Commission of the City of Clearwater determined that the
acquisition of the Parking Garage Site and developmcnt and opcration of a public parking garage
on the Site could not be justilied on the basis of existing and projected parking revenues;
WHEREAS. the City Commission determined that in the absence of additional private
development which generatcd additional off-strcet parking demand for nun-peak days, the
construction and operation of a public parking garage involved a mcasure of risk the
Commission was unwilling to accept:
WHEREAS. the City and Pelican Walk havc workcd diligcntly to idcntify a financially
feasible approach to the construction and operation of a new parking garage on the Parking
Garage Site;
WHEREAS, Pelican Walk offered to convey the Parking Garage Site to the City so long
as thc amount of parking currently cxisting on the Parking Garage Site was available to Pelican
Walk for its tenants and clIstomcrs;
WHEREAS, thc City of Clearwater employed professionals experienced in the linancing
of parking garages to evaluate the economic feasibility of various options for a new parking
garage on the Parking Garage Sitc;
WHEREAS, the cconomic feasibility analysis prepared for the City of Clearwater
revealed that each of the options for a publicIy financed and operated garage involved a
likelihood that revenues would be insufficient to cover debt service and operating costs and that
additional parking demand and revenues depended on the pace of revitalization and
redevelopment on Clearwater Beach and other matters beyond the City's control;
WHEREAS, Pelican Walk has proposed. as an altemative to a publicly owned and
operated parking garage, that Pelican Walk constnlct a garage and make parking in the garage
available to the public. including the tenants and invitees of the Pelican \Valk Shopping Center.
on an equal, first come, first served basis for the useful life of the garage;
WHEREAS. Pelican \Valk has proposed that the new parking garage would be
constructed and operated according to the spccifications of the City of Clearwater;
WHEREAS, Pelican Walk proposed that the City of Clearwater make a grant to Pelican
Walk in the amount of one million and four hundred thousand dollars ($1,400,000.00) in
consideration for Pelican Walk's construction and operation of an off-street parking garage open
to the public, including the tenants and invitees of the Pelican Walk Shopping Center, on an
equal, !irst come, first served basis;
WHEREAS, the parking garage proposed by Pelican \Valk is not economically viable
without a grant in aid in an amount of at least one million and lour hundred thousand
($1.400,000.00);
Pelican Walk Parkin\!. Gamgc Ilc\'clopmcnt Agrecment (DRA FT)
2 or 30
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\\'IIEREAS. the Pelican Walk proposal gives the City of Clearwater additional public
parking to the public without additionalul1l:ertain linancial risk;
WlIEREAS. the proposed grant of one million and four hundred thousand dollars
($1 AOO.OOO.OO) is signilicantly less than the net cost of land acquisition. construction. linancing
and operation of a public parking garage:
WHEREAS. the City COlllmission of the City of Clearwater has determined that the
construction of a new parking garagc on the Parking Garage Site available to the public on an
equal, lirst come. lirst served basis will servc the best interests of the citizens of the City:
WHEREAS. the provision of additional parking available to the public on an equal. first
come. lirst serve basis is a valid public purposc:
WI-IEREAS, the City understands that Pelican \Valk is willing to undertake the linancial
risk of designing, constructing and operating the proposed Parking Garage and that Pelican Walk
is relying upon the strict enforcement of existing municipal regulations governing on-street and
off-street parking as it undertakes the financial risk of the proposed Parking Garage~
WHEREAS. the City understands that the economic feasibility of the proposed Parking
Garage would be adversely affected if the City were to construct or cause to be constructed or to
otherwise provide financial support for additional off-street parking spaces within the immediate
vicinity of the Parking Garage Sitc;
WHEREAS, at a duly called public Illceting on the _ day of July. 2003, the City
Commission approved this Agreement, and authorized and directed its execution hy the
appropriate officials of the City; and
WHEREAS. the Board of Directors of B. J. E.. Inc. has approved this Agreement and
has authorized certain individuals to execute this Agreement on its behalf.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained
herein, the parties hereby agree as follows:
ARTICLE 1
DEFINITIONS.
J .01 Ocfinitiolls. The terms defined in this Article 1 shall have the following meanings
except as herein otherwise expressly provided:
1. "Agreement" means this Grant 111 Aid including any Exhibits and any
amendments thereto.
2. "Beach by Design" or" Plan" means the strategic redevelopment plan 1'01'
Clearwater Beach dated 2001 which was adopted by the City Commission
Pelican Walk Parl<ing Garagc Dcvelopmcnt Agrcl'lIll'llt (DRAFT)
J of 30
.'uly S. 2lJ1l3
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pursuant to the provisions of the Pinellas County Planning Council's Rules for the
designation of a Special Area Plan/Community Rede\"elopment District.
3. "City" means the City of Clearwater, Florida, a Florida municipal corporation.
4. "City Commission" means the governing body of the City.
5. "City's Representative" means that person designated by the City to represent the
City during the design and construction of the proposed Parking Garage.
6. "Commencement Date" means the date on which Pclican Walk commences or
causes a Contractor to commence construction of the Pelican Walk Parking
Garage.
7. "Commence construction" means the start of meaningful physical development
ofa material part of the Parking Garage building.
8. "Construction Completion Date" means the date a final certificatc of occupancy is
issued by the City for the Pelican Walk Parking Garage.
9. "Effective Date" means thc date of approval and execution of this Agreement as
provided in Section 13.14.
10. "Exhibits" means those agreements. diagrams. drawings. specifications,
instruments, forms of instruments, and other documents attached hereto and
designated as exhibits to, and incorporated in and made a part of. this Agreement.
II. "Parking Garage Site" means the land on which the existing Pelican Walk surl~lcc
parking lot and associated storm water management facilities are located which is
located immediately to the cast of the existing Pclican Walk Shopping Center and
fronts on Poinsettia Avenuc, as more particularly described in Exhibit E.
12. "Pelican Walk Parking Garage" means a parking garage to be constructed on the
Parking Garage Site" containing not less than three hundred (300) off-street
parking spaces.
13. "Plans and Specifications" means the schematic. preliminary and final
construction plans for the Pelican Walk Parking Garage.
14. "Unavoidable Delay" means a delay as described in Articlc 15 hereof.
1.02 Use of "'ords ~md Phrases. Words of the masculine gender shall be deemed and
construed to include correlative words of the feminine and ncuter genders. Unless the
context shall otherwise indicate. thc singular shall includc the plural as well as the
Pelicnn Wnlk Parking Garage Dcvclopmcnt Agrecment (IlRAFT)
4 of 30
.Inly R. 211113
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singular number, and the word "person" shall include corporations and assocIations.
including public bodies, as well as natural persons. "Herein." "hereby," "hereunder,"
"hereof-" "hereinbefore," "hereina1ter" and other equivalent words refer to this
Agreement and not solely to the particular portion thereof in which any such word is
used.
1.03 Florida Statutes. All references herein to Florida Statutes arc to Florida Statutes (2002),
as amended from time to time.
ARTICLE 2. PURPOSE ANI) })ROPOSEl) PARKING GARAGE.
2,01 Purpose of Agreement. The purpose of this Agreement is to further the
implementation of Beach by Design by providing for additional public parking on
Clearwater Beach to enhance the quality of life, increase employment and improve the
aesthetic and useful enjoyment of Clearwater Beach all in accordance with and in
furtherance of the Comprehensive Plan and as authorized by and in accordance with the
provisions of Florida law.
2.02 Proposed Parking Garage.
a. Description. Pelican \Valk proposes to develop a parking garage containing at
least three hundred (300) off street parking spaces on the Parking Garage Site.
The Parking Garage will be dcsigned and constructed in a manner which will
allow the subsequent addition of at least two (2) additional floors of parking. All
of the parking spaces in the Parking Garage will be open to the public, including
the invitees of the Pelican Walk Shopping Center, on an equal, first come, first
served basis.
b. Public Benefits and Public Interest. The proposed Parking Garage on the
Parking Garage Site, including the design, construction, completion and operation
of the Parking Garage and each part thereof, is hereby found by the parties hereto:
(I) to be consistent with and in furtherance of the objectives of Beach by Design
and the Comprehensive Plan, (2) to confonn to the provisions of Florida law, (3)
to be in the best interests ofthc citizens of the City, (4) to further the purposes and
objectives of the City, and (5) to further the public interest and purpose of
providing additional parking open to the public on an equal. first come, first serve
basis and eradicating conditions of deterioration, dilapidation, obsolescence and
blight on Clearwater Beach.
2,03 Ownership of I)nrking Garage Site. Pelican Walk is the owner of the Parking Garage
Site.
2.04 Cooperation of the Parties. The City and Pelican \Valk recognize that the successful
development and operation of the Parking Garage is dependent upon continucd
Pelican Walk Parking Garagc Dc"clopmcnt Agrccment (DRAFT)
5 of 30
.IIIIy H, 2003
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cooperation of the City and Pelican Walk, and each agrees that it shall act in a reasonable
manner hereunder. provide the other pm1y with complete and updated information from
time to time, with respect to the conditions such party is responsible for satisfying
hereunder and make its good f~lith reasonable efforts to ensure that such cooperation is
continuous, the purposes of this Agrecment are carried out to the full extent contemplated
hereby and the Parking Garage is designed. constructed, completed and operated as
provided hcrein.
ARTICLE 3. REGULATORY PROCESS.
3.01 Land I>c\'clopmcnt Rcgulations.
a. Land Use Desi~nation. The Parking Garage Site is located within the Tourist
District as provided in the City's Land Dcvelopment Regulations.
b. Amcndments to Land Development Re{!ulations. The City covenants and agrees
to cooperate with Pelican Walk, to the extent penllitted by la\\'. in regard to any
text or map amendment to the City's Land Development Regulations or approval
under the City's Land Development Regulations which may be necessary in order
for Pelican Walk to develop the Parking Garage as described in Section 2.02(a).
3.02 Dcvclopmcnt Approvals and Ilcrmits.
a. Applications for Development Approval. Pelican Walk shaIl prepare and
submit to the appropriate governmental authorities, including the City,
applications for all necessary Permits for the Parking Garage, and shall bear all
costs of preparing such applications, applying for and obtaining such permits,
including payment of any and all applicable application, inspection, regulatory
and impact fees or charges, except as otherwise provided in this Agreement.
b. City Cooperation and Assistance. The City shall cooperate with Pelican Walk
with regard to all necessary approvals and or permits required for the
construction, completion and opening for business of the Parking Garage which
may be required from an agency of government other than the City. If requested
by Pelican Walk and authorized by law, the City will join in any application for
any permit or approval. or. alternatively, recommend to and urge any
governmental authority to which application for any pcrn1its has been made that
such penllit or approval to issue or approve the requested permit or approval.
c. City Authority Preserved~ The City's duties, obligations, or responsibilities under
any section of this Agreement, specifically including, but not limited to. this
Section 3.02, shall not affect the City's right, duty, obligation, authority and power
to act in its governmental or regulatory capacity in accordance with applicahle
P('lkan Walk Parking Garagc Dc\'elopment Agrcement (DRAm
6 of 30
.'uly S, 2003
lnws. ordinances. codes or other building regulations. NotwithstLlnding any othcr
provision of this Agrcement. any requircd permitting. licensing or other
regulatory approvals by the City shaIl be subject to the established procedures and
requirements of the City with respect to review LInd permitting of a project of a
similar or comparable nature, size and scope. ]n no event shaIl the City. due to
any provision of this .'\greemcnt. be obligated to take L1ny action concerning
regulatory approvals except through its established processes and in accordance
with applicable provisions of lnw.
3.03 Not a Development Order or Permit. The City and Pelican Walk hereby acknowledge.
agree and represent that this Agreement is not intended to be and should not be construcd
or deemed to be a "devclopment order" or development permit" within the meaning of
those tcrms in Section] 63.3] 6-l. Florida Statutes.
ARTICLE 4. PLANS AND SPECIFICATIONS.
4.01 Plans and Specifications.
a. Responsibilitv for Preparation of Plans and Snecifications. Pelican Walk shall bc
rcsponsible for preparing the sitc plan and schcmatic. preliminary. and final
construction plans for thc proposed Parking Garage. During the design process.
Pelican Walk agrees that the City's Representativc shall have access to and a right
to review and approve all phases of dcsign and construction processes.
b. Character and Quality. Thc City and Pelican \Valk agrce that the proposed
Parking Garage shall be designed. constructed. maintained and operated in a
manner consistent with other first class or high quality parking garages in the
Tampa Bay region such as . The City and Pelican Walk
further agrce that the Parking Garage will bc designed and constructed in a
manner which will ensure that the Parking Garage has a positive impact on the
appearance and community character of Clearwatcr Beach.
C. Beach bv Design. The City and Pelican Walk agree that the Parking Garage will
be designed in accordance with the requiremcnts of Beach by Design.
d. Useful Life. The City and Pelican Walk agree that the Parking Garage will be
designed and constructed so as to havc a useful life of not less than forty (40)
years.
e. Review and ApDroval of Plans and Specifications by Cit\'. Pelican \Valk shall
submit schcmatic. preliminary and linal plans to the City's Representative for its
review and approval as a party to this Agrecment. The City's Representative shall
complete its review of any plans which are submitted under this subsection within
twcnt)' (20) days or the particular plans which have been submitted shall be
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deemed approved as submitted. Approval by the City's Representative shall be
separate and apart and shall not limit in any way the City's regulatory and
permitting powers.
f. Usc of Qualified Professionals. Pelican \Valk shall retain qualified professionals
to prepare the Plans and Specifications and shall cause such professionals to
prepare the Plans and Specifications.
ARTICLE 5. PELICAN \V ALK OBLIGATIONS.
5.01 Parking Garage Site \Vork. Pelican Walk shall be responsible for all site investigation,
5.02 Construction Budget for Parking G:lrage. Pelican Walk shall provide the City with a
sworn statement of a general contractor licensed in the State of Florida as to thc
construction budget, including all costs and contingcncies. In the event that the
construction budget is modified upwards or downwards by morc than tcn perccnt (10%),
Pelican Walk shall submit a sworn statement of a general contractor as to the modi fied
budget.
5.03 Construction of the Project.
a. Commenccment. Pelican Walk shall commcnce construction of the Parking
Garage in accordance with the Plans and Specifications for the Parking Garage
within twelve (12) months after the Effective Date and shall thereafter diligently
pursue construction to completion within thirty-six (36) months of the Effective
Date.
b. Payment of Contractors and Suppliers. Pelican Walk agrees to promptly pay, or
arrange to be paid, all moneys due and legally owing to all persons or
organizations doing any work or furnishing any materials, fuel. machinery or
supplies for the design and construction of the Parking Garage.
c. Maintenance of Construction Site. During the construction of the Parking
Garage, Pelican Walk shall, at its own expense, keep the Parking Garage Site in
good and clean order and condition.
d. Maintenance of Parking for Pelican \Valk Shopping Center. Prior to the
commencement of construction, Pelican Walk shall prepare a "Maintenance of
Off-Street Parking Plan" which plan shall identify the off-street parking facilities
which will be used to provide adequate and reasonable off-street parking to the
employees and invitces of the tenants of the Pelican Walk Shopping Center. For
the purposes of this subsection. "off-street parking facilities" means parking
spaces available to the general public or available to Pelican Walk by private
agreement and valet services.
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5.04 Construction Completion Security. A condition precedent to th~ payment of any
public monies in accordance with the terms and conditions of this Agreement. Pelican
Walk shall provide the City with good and sufficient security to guarantee the completion
of the Parking Garage. The security shall be in an amount equal to one hundred and
twcnty-five percent (125%) the estimated cost of construction based on approved
construction plans. The form of the surety shall be bond issued by a business organization
subject to the regulatory authority of the State of Florida, an unconditional letter of credit
issued by a Federally insured financial institution or other form of security acceptable to
the City Attorney.
5.05 Operation of Ilarking Garage. Pelican Walk agrees and covenants that it shall operatc
the Parking Garage on the following terms and conditions:
a. Oncn to the Public. The Parking Garage shall be available to the general public,
including the tenants and partners of the Pelican Walk Shopping Center, on an
equal, first come, first served basis. For the purposes of this Agreement, equal,
first come, first serve means that each and every parking space will available for
use by the public at all times when the Parking Garage is open. and that at least
three hundred parking spaces shall be unrestricted (no reserved parking) within
the Parking Garage for a period of not less than thirty (30) years after the issmll1ce
of a final certificate of occupancy for the Parking Garage.
b. I-lours of Operation. The Parking Garage shall be open for public parking between
the hours of 10:00 a.m. and 9:00 p.m. daily except Fridays, Saturdays, and legal
holidays recognized by the City of Clearwater, on which days the garage shall
remain open until 10:00 p.m.
c. Parking Rates. Parking rates charged the general public for the use of parking
spaces in the Parking Garage shall be consistent with the parking rates charged,
from time to time, for parking spaces in parking garages located in other resort
locations in Florida; provided however, that parking rates for use of parking
spaces in the Parking Garage shall not exceed one hundred and fifty percent
(150%) of the average parking rate. charged by the City for off-street parking on
Clearwater Beach or three dollars and seventy-five cents ($3.75) per hoUl',
whichever is greater.
5.06 Parking Easement. Pelican Walk shall grant a parking easement in the Parking Garage
Site and the Parking Garage on the terms and conditions set out in this Agreement
including the term of thirty (30) years in section 13.13 of this Agreement which shall
specifically apply to said parking casement. The required casement shall be substantially
in the form of Exhibit B to this Agreement and shall be delivered to the City prior to
payment of any part of the grant-in-aid providcd for in the Agreement. Pelican Walk
understands and agrees that such casement will be recorded by the City.
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ARTICLE 6. CITY OBLIGATIONS.
6.01 Financial Grant in Aid. The City agrees to make a grant in aid to Pelican Walk in
support of the design and construction of the Parking Garage in the amount of one
million and four hundred thousand dollars ($1.400,000.00). The grant in aid will be paid
to Pelican Walk as providcd for in subsection 6.07 of this Agreement. As condition
precedent to any payments of the grant aid. Pelican Walk shall provide the City with a
sworn statemcnt specifically describing the costs incurred for which reimbursement is
eligible together with a sworn statement of the percentage (%) completcd for the Parking
Garage.
6.02 Paymcnt of thc Grant in Aid. The City agrees to pay the grant in aid to Pelican Walk, in
accordance with the following:
a. Upon completion of the construction plans for thc Parking Garage and the
issuance of a building permit by the City. the City shall reimburse Pelican Walk
for the actual cost of preparing the schematic, preliminary, and final construction
plans in an amount not to exceed fifleen percent (15%) of the total project budget.
b. Upon completion of thirty three percent (33%) of the construction of the Parking
Garage. the City shall pay Pelican Walk one third (1I3rd) of the remaining unpaid
grant in aid (grant in aid less reimbursement payment for the cost of preparing the
schematic. preliminary, and linal construction plans).
c. Upon completion of sixty-six percent (66%) of the construction of the Parking
Garage, the City shall pay Pelican Walk for one third (1/3rd) of the remaining
unpaid grant in aid (grant in aid less reimbursement payment for the cost of
preparing the schematic, preliminary, and final construction plans).
d. Upon issuance of a tinal certificate of occupancy, the City shall pay Pelican Walk
the balance of the remaining unpaid grant in aid (grant in aid less reimbursement
payment for the cost of preparing the schematic, preliminary, and final
construction plans).
6.03 Enforcement of Municipal Parking Rcgulations. The City agrees to take all reasonable
and necessary steps to enforce each and every existing municipal regulation within one
thousand (1,000) feet of the closest part of the Parking Garage Site.
6.04 Construction of Additional Off-Street Parking Spaces in the Immediate Vicinity.
The City understands and agrees that as a party to this Agreement, Pelican Walk assumes
certain financial risks which may be adversely affected by the construction of additional
off-street parking spaces in the immediate vicinity of the Parking Garage Site. In
consideration thereof, the City agrees that in the event the City determincs. within five (5)
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years after the issuance of a final certificate of occupancy for the Parking Garage, that
additional off-street City owned or financially supported parking spaces open to thc
public located within one thousand (1,000) feet of any portion of the Parking Garage Site
are necessary and appropriate. the City agrees the City will provide Pclican Walk with
written notice of its determination, and that in that event:
a. Pelican Walk shall have a first right to construct an additional two hundred (200)
off-street parking spaces to meet the need for additional off-street parking spaces
which the City has determined are necessary and appropriate, provided that such
additional off-street parking spaces are open to the public on an equal, first come.
first served basis subject to the terms of this Agreement as provided in section
13.13.
b. In the event that Pelican Walk opts to exercise its first right to construct at least
two hundrcd (200) additional off-street parking spaces, Pclican Walk shall give
the City written notice of its intent within thirty (30) days aftcr receipt of the
City's written notice of the City's determination that additional spaces arc
necessary and appropriate.
c. In the event that Pelican Walk gives the City notice of its intent to construct at
least two hundred (200) additional off-street parking spaces, Pelican Walk shall
commence construction of the additional spaces within six (6) months of the date
of Pelican Walk's written notice.
d. In the event that Pelican Walk gives the City notice of its intent to construct at
least two hundred (200) additional off-street parking spaces, Pelican Walk shall
be solely responsible for the cost of construction of the additional parking spaces.
e. In the event that Pelican Walk exercises its first right to construct at least two
hundred (200) additional off-street parking spaces, the City agrecs that the City
will not use or cause to be used, public funds for the construction of any
additional off-street parking spaces within one thousand (1,000) feet of any
portion of the Parking Garage Site for a period of five (5) years from the date of
Certificate of Occupancy of the additional spaces or until Pelican Walk shall have
achieved a Stabilized Occupancy for the total number of off-strcet parking spaces
in the expanded Parking Garage, so long as the additional parking spaces are open
to the public on an equal first come, first served basis. For the purposes of this
subsection, Stabilized Occupancy shall mean that sixty-five percent (65%) of the
total number of parking spaces in the Parking Garage (after the construction of the
additional parking spaces) arc occupied on an average of four (4) hours of per
day, three hundred and sixty five (365) days per year:
OSTAU =
Stabilized Occupancy
Number of Parking Spaces
K =
Pelican Walk Parking Garage Dcvelopment Agrecment (DRA}T)
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.July H, 2110J
O,wG = ^ verage Percent of Parking Spaces Occupied (65%)
Il\\'o = ^ verage Number of Hours Occupied per Day (4)
OSl'AII =(0,\\'(;)( 1-lm,)(K)(DA YS)
OSIAII =(.65)(4)(K)(365)
r. Pelican Walk will conduct and submit to the City sworn affidavits of annual audits
of occupancy including all spaces occupied whether by pay parking or by
validation based on an initial date of Certificate of Occupancy of either the first or
second phase of construction until stabilized occupancy is achieved or the
applicablc timcframe has expired.
g. In thc evcnt that Pelican Walk opts not to exercise its first right to construct at least
two hundred (200) additional off-street parking spaces, the City shall be free to
construct additional off-street parking spaces within one thousand (1,000) feet of
any portion of the Parking Garage Site without regard to the level of occupancy
achieved by Pelican Walk.
h. Notwithstanding any othcr provision of this Agreement, including the provisions
of this subsection 6.04, the City and Pelican Walk understand and agrce that the
City shall retain the right to construct or fund additional off-street parking spaces
within one thousand (1,000) feet of any portion of the Parking Garage Site, if the
City determines that such ofT-street parking is a necessary element of a proposed
Destination Resort development undertaken in accordance with the provisions of
Beach by Design.
ARTICLE 7. INDEMNIFICATION OF THE CITY BY PELICAN 'V ALK.
7.01 Indemnification.
a. Pelican Walk agrees to indemnify, defend and hold harmless, the City, its
respective agents, officers, or employees from any and all liabilities, damages,
penalties, judgments, claims, demands, costs, losses, expenses or attorneys' fees
through appellate proceedings, for personal injury, bodily injury, death or property
damage arising out of, or by reason of any act or omission of Pelican Walk, its
agents, employees or contractors arising out of, in connection with or by reason of,
the performance of any and all services covered by this Agreement. or which arc
alleged to have arisen out of, in connection with or by reason of: the performance
of any and all services covered by this Agreement, or which are alleged to have
arisen out oC in connection with, or by reason of, the performance of such
servIces.
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b. Pelican Walk shall indcmnify. dcfcnd and hold harmlcss the City, its officers and
cmployees from any and all liahilities. damages, costs, penalties, judgments,
claims, demands, losscs, or cxpenscs (including. but not limited to, actual
attorneys' fees and engincering fees) mising from or attributable to any breach by
Pelican \Valk of any duties, rcspDn:-;ibilities, obligations or covcnants contained in
this Agreement.
c. Pelican \Valk's indemnity obligations under subsections (a) and (b) of this Article
shall be effective the entire term of the casement as described in section 5.06.
ARTICLE 8. REPRESENTATIONS, W ARRANTI ES ANI) COVENANTS OF PELICAN
\V ALK.
8.01 Representations ~lDd \Varrantics. Pelican Walk represents and warrants to the City that
each of the following statements is currently true and accurate and agrees that the City
may rely upon each of the following statemcnts:
a. Pelican \Valk is a Florida corporation duly organized and validly existing under the
laws of the State of Florida, has all requisite powcr and authority to carryon its
business as now conductcd, to own or hold its properties and to enter into and
perform its obligations hereundcr and under each document or instrument
contemplated by this Agreement to which it is or will be a party, is qualified to do
business in the State of Florida. and has consented to service of process upon a
designated agent for service of process in the State of Florida.
b. This Agreement has been duly authorizcd by all neccssary action on the part of,
and has been or will be duly executed ami delivercd hy. Pclican Walk, and neither
the execution and delivery thcrcol~ nor compliance with the terms and provisions
thereof or hereof: (i) requires the approval III HI conscnt of any other party, except
such as have been duly obtained 01' as 111'1.' sped lkally noted herein, (ii)
contravenes any existing law, judgment. governlllcntal rulc, regulation or order
applicable to or binding on Pelican Walk. (iii) contrnvcncs or results in any breach
of, default under or, other than as contemplated by this Agreement, results in the
creation of any lien or encumbrance upon any propcrty of Pelican Walk under any
indenture, mortgage, deed of trust, bank loan or credit agrecmcnt, Pelican Walk's
Articles of Incorporation, or, any other agrecment or instrumcnt to which Pclican
Walk is a party or by which Pelican Walk may be bound.
c. This Agreement and any document contemplated or required by this Agreement to
which Pelican Walk is or will be a party constitutes, or when entered into will
constitute, a legal, valid and binding obligation of Pclican Walk enforceable
against Pelican \Valk in accordancc with the tcrms thereof, except as such
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.July H. 2003
enforceability may be limited by applicable bankruptcy, insolvency or similar laws
from time to time in effect which affect creditors' rights generally and subject to
usual equitable principles in the event that equitable remedies are involved.
d. There are no pending or, to the knowledge of Pelican Walk, threatened actions or
proceedings before any court or administrative agency against Pelican Walk, or
against any controlling shareholder, officer, employee or agent of Pelican Walk,
which could affect the validity of this Agreement or any document contemplated
hereunder, or which are likely in any case, or in the aggregate, to materially
adversely affect the consummation of the duties and obligations contemplated in
this Agreement or the financial condition of Pelican Walk.
e. Pelican Walk has filed or caused to be filed all federal, state, local and foreign tax
returns, if any, which were required to be filed by Pelican Walk, and has paid, or
caused to be paid, all taxes shown to be due and payable on such returns or on any
assessments levied against Pelican Walk.
r. The principal place of business and principal executive offices of Pelican Walk is
Clearwater, Florida, and Pelican Walk agrees to maintain records concerning the
Parking Garage (such as construction contracts, financing documents and
corporate documents) and all contracts, licenses and similar rights relating thereto
at an office in PineIlas County.
g. Pelican Walk has the financial capability to carry out its obligations and
responsibilities in connection with the development of the Parking Garage as
contemplated by this Agreement.
h. Pelican Walk has the experience, expertise, and capability to develop, cause the
construction, and complete the Project and, oversee and manage the design,
planning, constmction, completion and opening for business of the Parking
Garage.
H.02 Covcmmts. Pelican Walk covenants with the City that until the Construction Completion
Date:
a. Pelican Walk shall timely perform or calise to be performed all of the obligations
contained herein which are the responsibility of Pelican Walk to perform.
b. During each year that this Agreement and the obligations of Pelican Walk under
this Agreement shall be in effect, Pelican Walk shall cause to be executed and to
. continue to be in effect those instruments, documents, certificates, permits,
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licenses and approvals and shall cause to occur those events contemplated by this
Agreement that arc applicable to. and that are the responsibility of. Pelican Walk.
c. Pelican Walk shall assist and cooperme with the City to accomplish the
development, operation, ancl maintenance of the Parking Garage by Pelican \Valk
in accordance with the Plan and Specilications, and this Agreement, and will not
violate any laws, ordinances. rules, regulations, orders, contracts 01' agreements
that arc or will be applicable thereto.
d. Subsequent to the Effective Date. Pelican Walk shall maintain its financial
capability to develop, construct, complete, operate and maintain the Parking
Garage and shall promptly notify the City of any event, condition, occurrence. or
change in its financial condition which adversely affects, or with the passage of
time is likely to adversely affect, Pelican Walk's financial capability to
successfully and completely construct, complete, operate and maintain the Parking
Garage as contemplated hereby.
e. Pelican Walk shall promptly cause to be filed when due all federal, state, local and
foreign tax returns required to be filed by it, and shall promptly pay when due any
tax required thereby.
r. Pelicall Walk shall maintain its existence, will not dissolve or substantially
dissolve all of its assets and will not consolidate with or merge into another
corporation, limited partnership, or other entity or permit one or more other
corporations or other entity to consolidate with or merge into it without the prior
approval of the City unless Pelican Walk retains a controlling interest in the
consolidated or merged corporation, and will promptly notify the City of any
changes to the existence or fom1 of the corporation or any change in the
controlling shareholders, officers or directors of Pelican Walk.
g. Pelican Walk shall not sell, lease, transfer or otherwise dispose of all or
substantially all its assets without adequate consideration and will otherwise take
no action which shall have the effect, singularly or in the aggregate, of rendering
Pelican Walk unable to continue to observe and perform the covenants,
agreements, and conditions hereof and the performance of all other obligations
required by this Agreement.
h. Pelican Walk shall design, construct and complete the Parking Garage such that it
is substantially complete as provided in this Agreement no later than the Project
Completion Date.
Pelican Walk Pltrking Garagc Dc\'elopmcnt Agrccment (DRAFT)
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I. In the event that Pelican Walk shall convcy any interest in the Parking Garage Site.
Pclican Walk shall obtain a written affidavit of acknowledgment of the nhligLltillns
of the Agrccment and promise a copy of the amdavit to the City.
ARTICLE 9. REPRESENTATIONS, \\' ARRANTIES AND COVENANTS OF TilE CITY.
9.01 Representations and \Varnmties. Thc City represents and warrants to the Developer
that each of the following statements is currently truc and accurate and agrees that the
Developer may rely on each of the following statcmcnts:
a. The City is a validly cxisting body corporate and politic of the Statc of Florida.
has all requisite corporate power and authority to carryon its business as now
conducted and to perform its obligations hercunder and undcr each documcnt or
instrumcnt contemplatcd by this Agreement to which it is or will be a party.
b. This Agreement and each document contemplated or required by this Agreement
to which the City is or will be a party have been duly authorized by all necessary
action on the part oC and have been or will be duly executed and delivered by, the
City. and ncither the execution and delivery thereof. nor compliance with the terms
and provisions thereof or hcreof (i) requires the approval and con~,ent of any other
party, except such as have been d~lly obtained or as arc specifically noted herein,
(ii) contravenes any existing law, judgment, governmental rule. regulation or order
applicable to or binding on the City, (iii) contravenes or results in any breach of, or
default under or. othcr than as contemplated by this Agreemcnt, results in thc
creation of any lien or encumbrance upon any property of the City under any
indenture, mortgage, deed of trust, bank loan or credit agreement, applicable
ordinances, resolutions or. on the datc of this Agreement, any other agreement or
instrument to which the City is a party, specifically including any covenants of any
bonds, notes, or other forms of indebtedness of the City outstanding on the
Effective Datc.
c. This Agrecment and. to the extent such documents presently exist in a form
accepted by the City and Pelican Walk. each document contemplated or required
by this Agreement to which the City is or will be a party constitute. or when
cntered into will constitute. legal, valid and binding obligations of the City
enforceable against the City in accordance with the terms thereof, except as such
enforceability may be limitcd by public policy or applicable bankruptcy,
insolvency or similar laws from time to time in effect which affect creditors' rights
generally and subject to usual equitable principles in the event that equitable
remedies arc involved.
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9.02 Covenants. The City covcnants with Pclican \\'alk:
a. The City shall timely perform. or cause to be performed all of the obligations
containcd herein which arc the responsibility ofthc City to perform.
b. During cach year that this Agreement and the obligations of the City under this
Agreement shall be in effect. the City shall cause to be executcd and to continue to
be in effect those instruments, documents. certificates, permits, licenses and
approvals, and shall cause to occur ,those ewnts contemplatcd by this Agreement
tbat are applicable to and are the responsibility of the City.
c. The City shall assist and cooperate with Pelican Walk to accomplish the
development of the Parking Garage in accordance with this Agreement and the
Plans and Specifications, will carry out its duties and responsibilities contemplated
by this Agreement, and will not violate any laws. ordinances. rules, regulations,
orders, contracts, or agreements that are or will be applicable thereto, and. to the
extent permitted by law, the City will not enact or adopt or urge or encourage the
adoption of any ordinances resolutions. rules regulations or orders or approve or
enter into any contracts or agreements, including issuing any bonds. notes. or other
forms of indebtedness. that will result in any provision of this Agreement to be in
violation thereof.
ARTICLE 10 DEFAULT.
10.01 Failure of Pelican \Valk to Commence Construction of the Par'king G~lrage. In the
event that Pc1ican Walk shall fail to commencc constnlction of thc Parking Garage within
twelve (12) months after the Effective Date of this Agreement, thc City shall have the
right to give Pelican Walk written noticc that this Agreement has terminated and shall be
of no further force and effect. In the event that the City shall have reimbursed Pelican
Walk for the preparation of schematic. prcliminary and tinal construction plans for the
proposed Parking Garage, at the City's option: I) Pelican Walk shall repay the City all
Money paid to Pelican Walk; or 2) all designs, drawings and other documcnts and the
intellectual property they constitute shall become the propcrty of the City.
10.02 Failure of Pelican \Valk to COll1pleteCol1strnction of the Ilarking Garage.
a. In the event that Pelican Walk shall commence construction of the Parking Garagc
and thereafter cease work on the construction of the Parking Garage prior to
issuance of a final certificate of occupancy. such circumstances shall constitute an
event of default; and the City, may give Pelican Walk written notice of the City's
intent to declare Pelican Walk to he in default and thc City's intent to cure the
de f~\U I t.
Pclican Walk Parking Garagc Dc\'clopmcnt Agrccment (UnAFT)
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.1 Illy N. 21lllJ
h. In thc c\'cnt thc City gi\'cs Pelican Walk written notice of del~llIlt and intent to
curc, Pclican Walk shall havc sixty (60) days in which to cure the default and re-
commence construction of thc Pmking Garage. In the e\'cnt that Pelican Walk shall
I~lil to cure the default by re-commcncing construction, the City shall have the
right to dmw upon the construction completion security and to cause the
construction of the Parking Garage to be completed.
c. In addition to the rh!,ht of cure established in subsection b of this scction, in the
evcnt that the construction completion sccurity is insuflicient to complete
construction of the parking garage. the City shall have the right to cause the garage
to be completed and to place a lien on the Parking Garage Site equal to the
additional cost of completing construction. In sllch evcnt, the City shall be entitled
to operate the parking garage for the benefit of Pelican Walk and the City until
such time as thc additional cost to complete is repaid.
I n.03 Failure of Pelican \Valk to Operate the Parking Gamge in Accordance with the
Requirements of the Agrecment. In thc cvent that Pelican Walk should fail to comply
with any rcquirement of this Agreement with regard to the operation and maintenance of
the Parking Garage, then the City shall have a right of specific performances and shall be
cntitled to actual damages. In the event of such litigation, the prevailing part)' shall be
cntitled to recover its costs and attorneys' lees from thc other party.
lO.n.. Failure of Cit)r to Enforce Municip:11 Parking Regulations. In the event that the City
should fail to enforce municipal parking regulations as provided for in section 6.03 of this
Agreement, Pelican Walk may, after giving the City written notice of such failure and the
City thereafter fails to cure such failure within fifteen (15) days of receipt of such notice.
scek judicial enforcement of its rights under section 6.03 of this Agreement. In the event
that the Pelican Walk shall prevail in a judicial proceeding to enforce the provisions of
section 6.03 of this Agreement. the City shall reimburse Pelican Walk for its attorneys'
fees and cost incurring in enforcing Pelican Walk's rights pursuant to this Agreement.
10.05 Obligations, Rights and Remcdies Cumulative. Unless speci lically stated herein to the
contrary, the specified rights and rcmedies to which the City is entitled under this
Agreement arc not exclusive and arc intended to be in addition to any other remedies or
means of redress to which the City may lawfully be entitled and are not specifically
prohibited by this Agreement.
1 n.06 Non-Action on Fnilurc to Obscr-vc Provisions of this Agreement. The failure of the
City or Pelican Walk to promptly or continually insist upon strict performance of any
term. covenant, condition or provision of this Agreement. or any Exhibit hereto, or any
other agreement, instrument or document of whatever form or nature contemplated hereby
shall not be deemed a waiver of an)' right or remedy that the City or Pelican Walk may
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have. and shall not be deemed a waivcr of a subscquent dcfault or nonperformanec of such
term. covenant. condition or provision.
ARTICLE II
UNAVOIDABLE DELAY.
11.01 Una\'oid~lblc Dclny.
a. Any delay in performancc of or inability to perform any obligation undcr this
Agreement (other than an obligation' to pay money) due to any cvent or condition
described in paragraph (b) as an event of "Unavoidable Delay" shall be excused in
the manner provided in this Section I 1.0 I.
b. "Unavoidablc Dclay" means any of the following evcnts or conditions not
currently existing at the effective datc of this Agreement or any combination
thereof: acts of God, :1cts of the public enemy, riot, insurrection. war, pestilence,
archaeological excavations required by law, unavailability of materials after timely
ordering of same, epidemics, quarantine restrictions, freight embargoes, fire,
lightning, hurricanes, earthquakes, tornadoes, floods, extremely abnormal and
excessively inelcment weather (as indicated by thc records of the local wcather
bureau for a five year period preceding the Effective Date), strikes or labor
disturbances, delays due to proceedings under Chapters 73 and 74, Florida
Statutes, restoration in connection with any of the foregoing or any other cause
beyond the reasonable control of the party performing the obligation in question,
including, without limitation, such causes as may arise from the act of the other
party to this Agreement, or acts of any governmental authority (except that acts of
the City shall not constitute an Unavoidable Delay with respect to performance by
the City).
c. An application by any party hereto (referred to in this paragraph (c) and in
paragraph (d) as the "Applicant") for an extension of time pursuant to this
subsection must be in writing, must set forth in detail the reasons and causes of
delay, and must be filed with the other party to this Agreement within seven (7)
days following the occurrence of the event or condition causing the Unavoidable
Dclay or seven (7) days following the Applicant becoming aware (or with the
exercise of reasonable diligence should have become aware) of such occurrence.
d. The Applicant shall be entitled to an extension of time for an Unavoidable Delay
only for the number of days of delay due solely to the occurrence of the event or
condition causing such Unavoidable Delay and only to the extent that any such
occurrence actually delays that party from proceeding with its rights, duties and
obligations under this Agreement affected by such occurrence.
Pclican Walk Parking Garage Dcvelopment Agreement (I)RAFT)
19of30
.JlIly Ii, 2003
ARTICLE 12
FIRE OR OTHER CASUAL TV; CONDEMNATION.
12.01 Loss or Damage to P~lrking Garage.
a. For a period of thirty (30) years after the issuance of a final certificate of
occupancy by the City for the Parking Garage, and without regard to the extent or
availability of any insurance proceeds, Pelican Walk covcnants and agrees to
diligently commence and complete the reconstruction or repair of any loss or
damage caused by firc or other casualty to each and every part of the Parking
Garage to substantially the same size, floor area, cubic contcnt and general
appearance as existed prior to thc occurrence of such loss or damage, promptly
after the City approves the Plans and Specifications for such reconstruction or
repaIrs.
b. The City shall review the Plans and Specifications for such reconstruction or
repairs as soon as possiblc after filing thereof by Pelican Walk. The City agrees to
approve the Plans and Specifications for such reconstruction or repairs if the
reconstruction or repairs contcmplated by such Plans and Specifications will
restore the Parking Garage, or the damaged portion thereof, to substantially the
same condition as existed prior to the occurrence of such loss or damage and if
such Plans and Specifications conform to the applicable laws, ordinances. codes,
and regulations in effect at the time of, filing with the City of the Plans and
Specifications for such reconstructio,n or repairs.
c. If Pelican Walk fails to repair or restore any significantly damaged portion of the
Project, the City may, at its election and after thirty (30) days notice to Pelican
Walk, bring an action in a court of competent jurisdiction to compel Pelican Walk
to repair or restore such damage. In the event of such litigation, the prevailing
party shall be elltitled to recover its costs and attorneys' fees from the other party.
12.02 Project Insurance Proceeds.
a. Whenever the Parking Garage or ailY part thereof, shall have been damaged or
destroyed, Pelican Walk shall promptly make proof of loss and shall proceed
promptly to collect, or cause to be collected, all valid claims which may have
arisen against insurers or others based upoi, such damage or destruction.
b. Pelican Walk agrees that all proceeds of property or casualty insurance received by
Pelican Walk as a rcsult of such loss or damage shall be available and shall be used
for payment of the costs of the reconstruction or repair of the Parking Garage to
the extent necessary to repair or reconstruct the Parking Garage.
PcliclllI Wnlk Pnrking Garngc Ilc\'cloplllcnt Agrcclllcnt (IlRA FT)
2ll of 30
.July 8,2003
12.03 Notice of Loss or Damage to Parking Garage. Pelican Walk shall promptly give the
City written notice of any significant damage or destruction to the Parking Garage stating
the datc on which such damage or destruction occurred, thc expectations of Parking
Garage as to the effect of such uamage or destruction on the use of the Parking Garage and
the proposed schedule, if any, for repair or reconstruction of the Parking Garage.
ARTICLE 13
MISCELLANEOUS
13.01 Assignments by Pelican Walk.
a. Prior to the Commencement Date, Pelican Walk may sell, convey, assign or
otherwise dispose of any or all of its right, title, interest and obligations in and to
the Parking Garage Site and the Parking Garage, or any part thereof, only with the
prior written consent of the City, such consent shall not bc unreasonably withheld
provided that such party (hereinafter referred to as the "assignee"), to the extent of
the sale, conveyance, assignment or other disposition by Pelican \Valk the
Developer to the assignee. shall be bound by the terms of this Agreement the same
extent as Pelican Walk.
b. If the assignee of Pelican Walk's right, title, interest and obligations in and to the
Parking Garage assumes all of Pelican Walk's obligations hereunder for the
Parking Garage, then Pelican Walk shall be released from all such obligations
hereunder which have been so assumed by the assignee, and the City agrees to
execute an instrument evidencing such release, which shall be in recordable form.
c. An assignment of the Parking Garage, or any part thereof, by Pelican Walk to any
corporation, limited partnership, general partnership, or joint venture, in which
Pelican Walk is the or a general partner or has either the controlling interest or
through a joint venture or other arrangement shares equal management rights with
a financial institution and maintains such controlling interest or equal management
rights shall not be deemed an assignment or transfer subject to any restriction on or
approvals of assignments or transfers imposed by this Section 13.01, provided,
however, that notice of such assignment shall be given by Pelican Walk to the City
not less than thirty (30) days prior to such assignment being effective and the
assignee shall be bound by the terms of this Agreement to the same extent as
would Pelican Walk in the absence of such assignment.
13.02 Successors and Assigns. The tenns and obligations herein contained shall bind and inure
to the benefit of the City and Pelican Walk an4 its successors and assigns, including any
lessee of the Parking Garage. In the event that Pelican Walk enters into a lease of the
Parking Garage, the obligations of this Agreement shall be enforceable against Pelican
Walk and its lessee until the Construction Completion Date, at which time Pelican Walk
Pclican Wulk Purkin~ Gllrngc Ilc\'Clopmcnt Allrccmcnt (IlRAFT)
21 of 30
.July Ii, 2003
shall be released from any further obligations during the term of such lease, so long as
Pelican Walk has no obligations or rights to operate the Parking Garage.
13.03. Notices.
a. All notices, demands, requests for approvals or other communications given by
either party to another shall be in writing. and shall be sent by registered or
certified mail. postage prepaid, return receipt requested or by courier service, or by
hand delivery to the ortice for each party indicated below and addressed as
follows:
To Pelican \V~"k:
To the City:
Pamela Akin, City Attorney
City of Clearwater
P.O. Box 4748
Clearwater, FL 33758-4748
Nickolas C. Ekonomidcs
Nickolas C. Ekonomides, P.A.
791 Bayway Boulevard
Clearwater. FL 33767
b. Notices given by courier service or by hand delivery shall be effective upon
delivery and notices given by mail shall be effective on the third (3rd) business day
after mailing. Refusal by any person to accept dclivery of any notice delivered to
the office at the address indicated above (or as it may be changed) shall be deemed
to have been an effective delivery as provided in this Section 13.03. The addresses
to which notices are to be sent may be changed from time to time by written notice
delivered to the other partics and such notices shall be effective upon receipt.
Until notice of change of address is received as to any particular party hereto, all
other partics may rely upon the last address given.
13.04. Applicable L~,w and Construction. The laws of the State of Florida shall govern the
validity, performance and enforcemcnt of this Agrccment. This Agreement has been
negotiated by the City and Pelican Walk. and the Agreement, including, without limitation,
the Exhibits, shall not be deemed to have been prepared by the City or Pelican Walk. but by
all equally.
13.05. Venue; Submissioll to .Jurisdictioll.
a. For purposes of any suit, action, or other proceeding arising out of or relating to
this Agreement, the parties hercto do acknowledge, consent, and agree that venue
thereof is Pincllas County, Florida.
b. Each party to this Agreemcnt hereby submits to the jurisdiction of the State of
Florida, Pincllas COllnty and the courts thereof and to the jurisdiction or the United
Pelican Wlllk Parking Garage ne\'elopment Agreement (DRAFT)
22 of 3()
.'uly S, 2()()3
States District Court for the Middle District of Florida, for the purposes of any suit.
action, or other proceeding arising out of or relating to this Agreement and hereby
agrees not to assert by way of a motion as a defense or otherwise that such action
is brought in an inconvenient forum or that the venue of such action is improper or
that the subject matter thereof may not be enforced in or by sllch courts.
c. If at any time during the term of this Agreement, Pelican Walk is not a resident of
the State of Florida or has no office, employee, or general partner thereof available
for service of process as a resident of the State of Florida, or if any permitted
assignee thereof shall be a foreign corporation, partnership or other entity or shall
have no officer, employee, agent. or general partner available for service of
process in the State of Florida, Pelican Walk hereby designates the Secretary of
State, State of Florida, its agent for the service of process in any court action
between it and the City, or both, arising out of or relating to this Agreement and
such service shall be made as provided by the laws of the State of Florida l'or
service upon a non-resident; provided, however, that at the time of service on the
[<,lorida Secretary of State, a copy of such service shall be delivered to Pelican
Walk at the address for notices as provided in 13.03.
13.06. Complete Agreement; Amendments.
a. This Agreement, and all the terms and provisions contained herein, including
without limitation the Exhibits hereto, constitute the full and complete agreement
between the parties hereto to the date hereof, and supersedes and controls over any
and all prior agreements, understandings, representations, correspondence and
statements, whether written or oral.
b. Any provision of this Agreement shall be read and applied in para materia with all
other provisions hereof.
c. This Agreement cannot be changed or reyised except by written amendment signed
by all parties hereto.
13.07. Captions. The article and section headings and captions of this Agreement and the table
of contents preceding this Agreement are for convenience and reference only and in no
way define, limit, describe the scope or intent of this Agreement or any part thereof, or in
any way affect this Agreement or construe any article, section, subsection, paragraph or
provision hereof.
13.08. Holidays. It is hereby agreed and declared that whenever a notice or perf'ormance under
thc terms or this Agreemcnt is to be made or given or any timc period ends on a Saturday
Pelican Wnlk Pllrkin~ Cara~c nc\'clopmcnt Agrecmcnt (I>nAFT)
23 of 30
.'"ly H, 2003
or Sunday or on a legal holiday observed in the City, it shall be postponed to the ncxt
following business day.
13.09. Exhibits. Each Exhibit referred to and attached to this Agreement is an essential part of
this Agreement. The Exhibits and any amendments or revisions thereto. cven if not
physically attached hereto shall be treated as if they arc part of this Agreemcnt.
13.10. Not:m Agent of Cit)'. During the term of this Agreement. Pelican Walk hereunder shall
not be an agent of the City with respect to any and all services to be performed by Pelican
Walk (and any of its agents, assigns. or successors) with respect to the Parking Garage.
13.11 Public Purpose. Thc parties acknowledge and agree that this Agreement satisfies. fulfills
and is pursuant to and for a public purpose and municipal purposc and is in the public
interest. and is a proper exercise of the City's power and authority.
13.12. No General Obligation. In no event shall any obligation of the City undcr this
Agreement be or constitute a general obligation or indebtedness of thc City or thc City. a
pledge of the ad valorem taxing power of the City or the City or a general obligation or
indebtedness of the City or the City within thc meaning of the Constitution of the State of
Florida or any other applicable laws. but shall be payable solely from legally available
revenues and funds. Neither Pelican Walk nor any other party under or beneficiary of this
Agreement shall ever have the right to compel the exercise of the ad valorem taxing power
of the City. the City or any other governmental entity or taxation in any form on any real
or personal property to pay the City's or the City's obligations or undertakings hereunder.
13.13. Term; Expiration. This Agreement shall expire and no longer be of any force and effect
on the thirtieth (30th) anniversary of thc issuance of a final certificate of occupancy for the
Parking Garage.
13.1'" Effectivc nate. Upon execution of this Agreement by the authorized officers of the City
and by authorized representatives of Pelican Walk following approval hereof by the City
Commission and the Board of Directors of Pelican Walk. this Agreement shall then be in
full force and effect in accordance with its terms and the date of such execution shall be
the Effective Date.
13.15. Approvals Not Ullrcasonnbly \Vithhcltl. The parties hereto represent that it is their
respective intent as of the Effective Date and do covenant and agree in the future that all
approvals, consents, and reviews will be undertaken and completed as expeditiously as
possible. in good faith, and will not be arbitrarily or unreasonably withheld. unless
otherwise expressly authorized by the terms of this Agreement.
Pdiclln Walk Parking Garngc Dcvelopmcnt Agrecment (llIIAFT)
2~ of 30
.J Illy H. 2003
City Clerk
Mayor
IN WITNESS WHEREOF, the parties hereto havc sct their hands and their respective
seals affixed as of this _ day of ,2003.
The City of Clcan\'atcr, Florida
Attest:
By:
.By:
Approved as to form and correctness:
, Esquire
City Attorney
STATE OF FLORIDA )
)ss
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this _ day of
2003, by and , Mayor and City Clerk,
respectively, for the City of Clearwater, Florida, on bchalfofthe City.
By:
Signature of Notary Public
My Commissions Expires:
Printed, typed or stamp
Pelican Walk Parking Garagc Dc\'elopment Agrecmcnt (DRAFT)
25 of 30
.July 8, 2003
Countersigned:
CITY OF CLEAR\\'ATER. FLORIDA
IN WITNESS WHEREOF. the parties hereto have set their hands and their respective
seals affixed as of this day of .2003.
Brian J. Aungst
fI.'layor-C omm issioner
By:
William 13. I-Iorne II
City Manager
Approvcd as to form:
Attest:
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clcrk
STATE OF FLORIDA
COUNTY OF PINEL LAS
)
)
The foregoing instrument was acknowledged before me this day of
.20_. by BRIAN J. AUNGST. Mayor-Commissioner of the City of Clearwater,
who is personally known to mc.
PrintlTypc Name:
Notary Publ ic
STATE OF FLORIDA )
COUNTY OF PINELLAS )
The foregoing instrument was acknowledged before me this day of
.20_, by WILLIAM B. HORNE II. City Manager of the City of Clearwater,
who is personally known to me.
Printffype Name:
Notary Public
Pclican Wnlk Parking Garagc Dc\'clopmcnl Agrcemcnl (DRAFT)
25 of 30
.1 Illy 8. 21103
EXHIBIT A
Legal Description
Pelican Walk Parking Garage Dc\'elopment Agreement (DI~AIT)
27oDO
.July 8. 2003 .
EXHIBIT B
Lilnited Warranty Deed
This Limitcd Warranty Deed made this day of . 2003, by
. a corporation organized and existing under the laws of the State of Florida,
having its principal place of business and post office address at 791 Bayway Boulevard,
Clearwater Florida 33767, Grantor. to the City of Clcarwater. Florida, a Florida municipal
corporation. whose post ortiec address is P. O. Box 474R. Clearwater Florida 3375R-4748.
Grantee.
(Whencver used hercin thc terms "grantor" and "grantcc.. includc all the partics to this instrumcnt
and thc heirs. legal representati\'cs. and assigns of individuals. and the successors and assigns of
I:orporations. trusts and trustees)
Witncsseth. that said grantor, for and in consideration of the sum of TEN AND NOlI 00
DOLLARS ($10.00) and othcr good and valuablc considcrations to said Grantor in hand paid by
said Grantee, the rcceipt whcreof is hcreby acknowledged. has granted. bargaincd, and sold to the
said grantce, and grantee's hcirs and assigns. thc fqllowing cascment in real property located in
the Count)' of Pinellas, State of Florida. which is more particularly described us follows:
! legal descripl ion).
which cascmcnt grants to the public the right of access and use of the property and any
improvcments thereon for oft:strcct parking purposes for a tcrm of thirty (30) ycars from the Date
of Commenccment, which Datc of Commcncemcnt shall be thc date on which a Ccrtificate of
Occupancy is granted by the City of Clearwater for an off-street parking structure pursuant to that
ccrtain Agreement betwecn the City of Clearwater. Florida and 13. J. E.. Inc., datcd
July _,2003.
Grantor covenants as follows:
1. the grantor is lawfully seized of said land in fee simple:
2. that the grantor has good right and lawful authority to convcy the cascmcnt set
forth herein;
3. that the easemcnt granted is free from encumbrances made by grantor; and
4. that grantor will warrant and defend the property hereby conveyed against thc
lawful claims and demands of all persons claiming by. through, or under it. but
against none other.
Pclican Walk Parking Garagc Dc"clopmcnt Agrccmcnt (DRAFT)
28 of 30
May 22, 2003
Let it be known that the board of directors of B. 1. E., Inc. voted to grant the casement
regular meeting held upon due notice with a quorum present.
In witness whereof, Grantor has caused its corporate seal to be affixed hereto, and this
instrument to be signed by its duly authorized officer on the date tirst above written.
"
B. 1. E., Inc.
By
(Signa/urej
[Title)
[Corporate Seal]
Attest:
Secretary
Executed in the presence of:
STATE OF FLORIDA
COUNTY Of PINELLAS
I HEREBY CERTIFY that on this day of , 2003,
before me persunally appeared and , duly authorized
officers of B. 1. E., Inc., a corporation under the laws of the State of Florida, to me known to be
the persons described in and who executed the foregoing conveyance to the City of Clearwater
and severally acknowledged the execution thereof to be their free act and deed as stich officers,
for the uses and purposes therein mentioned; and that they affixed thereto the official seal of said
corporation, and the said instrument is the act and dced of said corporation.
Pelican Walk P:nking Garage Dc\'clopment Agrcement (DRAFT)
29 of 30
1\1a)' 22, 2003
WITNESS my signature and official seal at
County and State of Florida, the day and year last aforesaid.
in the County of Pincllas
My Commission Expires
Notary Public
This instrument was prepared by
[Name)
[Address)
Pelican Wlllk Pnrking Garage Development Agreement (DRAFT)
30 of 30
May 22, 2003
Lf:3
ORLS I
'.lUN ~'J /.'1i1>
FLORIDA LEAGUE OF CITIES, INC.
MEMORANDUM
TO:
City :vlanagers/City Clerks
~.
FRO~\'l :
~'lichael Sittig, Executive Direct
DATE: Junc 10, 2003
SUBJECT: 77th Annual Conference - Celebrating Qur Cities!
VOTING DELEGATE AND RESOLUTION INFORivlA TION
August 14-16, 2003 Wyndham Palace Resort & Spa
As you know, the Florida League of Cities' Annual Confcrence will be held at the \Vyndham
Palace Resort & Spa in Lake Buena Vista on August 14-16. This year's theme, Building
Success Through Advocacy. will provide valuable educational opportunities to help Florida's
city officials serve their citizenry more effectively.
It is important that each city designate one person to be the voting delcgate. Policy
development, eJection of Leaguc leadership and adoption of resolutions arc undertaken during
the business meeting. One official from cach city will make decisions that detennine the
direction of the League.
Registration materials havc already been sent to each city. Call us if you need additional
copies. We have attached the procedures your city should follow for prcsenting resolutions to
the League membership. Resolutions and Voting deleg:lte forms must be received lJy the
League no later than July 31, 2003. Should you have any questions or nced additional
infol111ation, please feel free to call Allison Payne or Stephanie Scott at Suncom 278-5331 or
(800) 342-8112.
Attachments:
Form Designating Voting Delegate
Procedures for Submitting Conference Resolutions
301 South Bronough, Suite 300 . Post Office Box 1757 . Tallahassee. FL 32302-1757
Telephone (850) 222-9684 . Suncom 278-5331 . Fax (850) 222-3806 . Internet: www.f1cities.com
77th Annual Conference
Florida League of Cities. Inc.
August 14-16,2003
Lake Buena Vista. Florida
It is important that each member city sending delegates to the Annual Conference of the
Florida League of Cities. designate one of their officials to cast their votes at the Annual
Business Session. League By-Laws requires that each city select one person to serve as the
city's voting delegate.
Please fill out this fonn and return it to the League office so that your voting delegate may be
properly identified. .
Desi2nation of Votin2 Dclc211tc
Name of Voting Delegate:
Title:
City of:
AUTHORIZED BY:
Name
Title
Return this fonn to:
Gai) Dennard
Florida League of Cities, Inc.
Post Office Box 1757
Tallahassee, FL 32302-1757
or Fax to Gail Dennard at (850) 222-3806
Procedures for Submitting Resolutions
Florida League of Cities' 77th Annual Conference
\Vyndham Palace, Lake Buena Vista, Florida
A.ugust 14-16,2003
In order to fairly systematize the method for presenting resolutions to the League
mcmbership. thc following procedures have been instituted:
(I) Proposed resolutions must be submitted in writing, to be rcceived in thc Leaguc
office a minimum of 30 days prior to the first day ofthc annual confercnce.
(2) Proposed resolutions will be rcwritten for proper fonn, duplicated by the League
office and distributed to members of the Resolutions Committce at least 15 days
prior to the first day of the annual conference. (Whenevcr possible, multiple
resolutions on a similar issue will be rcwrittcn to cncompass thc csscntial subject
mattcr in a singlc rcsolution with a listing of original proposers.)
(3) Proposed resolutions may be submitted directly to the Rcsolutions Committce at
the confercncc; howcver. a favorable two-thirds votc of thc committee will be
necessary to consider such resolutions.
(4) Proposed resolutions may be submitted directly to the business scssion of the
conference without prior committee approval by a vote of two-thirds of the
members present. In addition, a favorable weighted vote of a majority of members
present will be required for adoption.
(5) Proposed resolutions relating to state leuislation will be refelTcd to the appropriate
standing policy committee. Such proposals will not be considered by the
Resolutions Committee at thc conference; however, all state legislative issues will
be considered by the standing policy committees and the Legislative Committee,
prior to the membership, at the annual Legislative Conference each fall. At that
time. a state Legislative Policy Statement will be adopted.
Cities unable to formally adopt a resolution 30 days prior to the first day of the conference
may submit a letter to the League office indicating their city is ~ollsidering the adoption of
a resolution, ou"tlining the subject thereof in as much detail as possible, and this letter will
be forwarded to the Resolutions Committee for consideration in anticipation of receipt of
the formal resolution.
Important Dates
June 10.2003
Notice to Local and Regional League Presidents and Municipal Associations
regarding the Resolutions Committee
July 12
Appointment of Resolutions Committee Members
July 15
Deadline for Submitting Resolutions to the League office
. ~~. \
Julv 25
Resolutions Mailed to Associations Confirming Nominees to the
Resolutions Committee
Au~ust 14
League Standing Committee Meetings
Resolutions Committee Meeting
Voting Delegates Registration
August 16
Immediately Following Luncheon - Pick Up Voting Delegate Credentials
Followed by Annual Business Session
APPOINTMENT WORKSHEET
Ol~ L5 L
FOR COMMISSION MEETING Julv 17. 2003
Agenda #
lfLf
BOARD: Brownfields Advisory Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: ..
STAFF LIAISON: Diana Hufford
MEMBERS: 9
CHAIRPERSON: Brian Flaherty
MEETING DATE: As Called
PLACE: Determined when called
APPTS.NEEDED: 2
DATE APPTS TO BE MADE: ASAP
SPECIAL QUALIFICATIONS: .. Three members will be Clearwater residents who live within or adjacent to the
Brownfields Area; Three members will be owners or representatives of businesses operating in the Brownfields
area and need not be residents of Clearwater; Three members will be representatives of federal or state agencies
or local governments involved with the Brownfields remediation process within Pinellas County and need not be
Clearwater residents
THE FOLLOWING ADVISORY BOARD MEMBER{S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Date of Original Attendance Interest in
Name Appointment Record reappointment
1. Karen Fenton
18 Douglas Ave., 34698
Business Owner or Representative
1999
Yes
2. Rev. William F. Sherman, Sr.
1249 Eldridge St., 33755
Resident
1999
Yes
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience. Etc.
Resident:
None at this time
Business Owner or Representative:
1. Dianne C. James
3120 Oyster Bayou Way, 33759
Realtor
Zipcodes of current members:
3 at 33755
2 at 33756
1 at 33764
1 at 33661
1 at 34683 (Palm Harbor)
1 at 34698
Mar-Ol-99 03:31P Mo~ton Plant Mease Fdn
813-461-8528 P.02
FE&-25-1999 111 C'B
P.B2
"'
CITY OF CLEARWATER
CLEARWATER SROWNFlEiLDS ADVISORY BOARD
~ APPUCAnON
Hame: f)~/lfjY S I;,fr/
Homa Addrasa: Omes Address:
-J I1r..f,4~ !tJMI.l.E /f)(J() '7Jtu;c! ReI.r
~ -;;;:;' _ B- lID 31{ ~ 9 f (J h4l7w~.ft:.tr El. ZJp fj3 irr;,
Telephone: (';)~1) -::r-3i - ~?~J T&KJphon..: (9..2.:7) "~/-i"f./cj _ ~
How long 8 rwMfenl 01 CIMrWater? tJ/A
OccupatJon: ])A. !1,~ ,. ~cIN;t~ fI,'JtJ
Field of Education:
$tI. - ~~ IV, )//4 - &/81{iv~~OAl,
/lJS . /NIfAft'I?~~~/ ~;o .
If retired. former occupation: t9~ ~ ' 15M.!. 'JI.
Community AdNttiea: cSrA (J/FNlAJQrF;C l!iAnbtn. t~q~ P"Ab1b-"
~~ANf ~ ])~/hc. /
00- .........i" ;:frL .~- ~drFI'.41 B/;.y~u/. ;t;l.~1r. jJJ~hJp~4{j
B08rd SlfV1ce (aJmJnt d p.st): Bo.-d PI ~,.,.:;:;:
A~ifjon~al~O~'~ __
Slgned:_ _ _ ~ -......... Date:
Cstego. Ing .
( _~ Irwofved In Brownflelds rtdevetopment . .
~ ~nes8 Owner ( rram own a bu.1nea within the Designated brownfJeld Nea)
/"it- ~"ident (must ~ a resident with;, or adjacent to the o..ignated Brownf1eld Area)
~J?~?
FInancial DlaclOIure may be required at the time of appointment.
PLEASE RE1\JRN THIS FORM TO: City Cferk's [)epilltment.
P. O. Box 47048, CI8arw8t,r, FL 33758-4748
TOTj:L P.B2
P\\?r-r- f{ hh1 h,+y
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-/ I - l J~-
5 ~ J _ ~~3 --, " 1
S 3 t....j 0 _' ~ _ 1,;,z, 'V- Lk ~ ll^-"--..L.c\ L vJ1 Co "1.L~-t ,
Name:
W\\\:C4fYl
CITY OF CLEARWATER
CLEARWATER BROWNFIELDS ADVISORY BOARD
APPLlCA TION
S he..v 1/Y"1 0. vi, ~v.
F
Home Address: Office Address:
S'L,
l ~ y ~ EI d ~ \' d j ~ T I D / L/ I ~ ~7) VT1 y\ I ~ Av Q..
CJeevvw"kv I F L Zip 33 7.51;; C(-"~I{)",-I-ev FL Zip '3"~7~T
Telephone: (7 ~ 7 ') L/- L/ 3 - G '-50 Telephone: ( l'~ 7) 'fl.}-b - b '] 7
How long a resident of Clearwater? (' 8) rt;..... ~ 'ff?Vv--r~
Occupation: M~f"';<;~ f 1J~ bos,pe\ E~PIOyer: M+' C~~c ( ~\+c:,t- (!'<.H'c1--.
Field of Education: , Other Work Experience:
C 1l0i.l1- 1'\'''' ,k;~ - C ~ \1'11' c"",Q C-k~fl~ VI I
5 Be) 13Th , M. bt v' $ck~' ~s\-'<.c 4::v. G,cr,S,
If retired, former occupation: N ( It
Community Activities: r:;e~~...+-, Up~ R'V'e U~ 1Y\"~f~H>/",(-"j> All(~vfcQ. )
SA c - 3 ",D c 4.-v [J , ~'^-o. *"\ s: L,., )
Other Interests:_
.
~bl~
~ Prk~
Board Service (current and past):' Board Preference:
N~1h Gy~vscroJ> ~tt"' Ro~ ~~
(~~-O d ~eu1S J"~Q. i P;l~ M;,,;~+.-,-\
I
Additional Comments: ~
Signed: LA ) (YI ---==----~
--
Category Applying For:
( ) Agency involved in Brownfields redevelopment
( ) Business Owner ( must own a business within the Designated brownfield Area)
( V'jResident (must be a resident within or adjacent to the Designated Brownfield Area)
Date:
~//~I ~c;
( I
Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO: City Clerk's Department,
P. O. Box 4748, Clearwater, FL 33758-4748
G\ f vi- o::r- sk jq 1 lnr\;7 I I 1"'1 1M ,J I yl xl)(!(.:).::::. I ,J -I--
-/ / ~ 1 -'. I -r,-
., ::\ ')(0.3 - Ve \.A. {~C 1.: C ov--\. I ~ A ~v\1 C. '~l
3-28-01 i 9:37AMiCITY ClE~K DEPT.
ilt!.IOO~"tUOO
rr " "t
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:./JIANNC c. ;r;;/JI~s
Home Address: Office Address:
1.3/-2. 0 0 {SIcA!.. tJAYOt/ 1.LJ.4v /9 i'R' gtlL~- rb - (JAY ,8/..t/11.
CJ../E"Ak!!uJJ'/Tclt!, rL Zip 331S:-7 OJ..ei1A2WArc~. rL I Zip 337tS
, ,
Telephone: 1; 1- 135- 09 L/. q Telephone: 1 dJ 7- lf~,). - ~ / 1/,. 'X' / 70
How long a resident of Clearwater? CJNc Yel1-L ON -::rUNG' 3tJ. .zt:J~o
;
Occupation: ")?,eFlL rC)~ Employer: I1R.VJ.dA REAL.-r/ L<; E~t//eEj
Field of Education: Other Work Experience: I' 90 - 19'1 'i
45' CR. . J..1.8~~AL J4i!rs, '1 ~s. I/ILt..AXOi/1'f UHI(/6"It.~/r)/
IJIt-t ANovA UNlllcRS/"-y CI/6fl11'''-,ey d~FJ7":. S(),4F'(}~TGLI
()/LL.J1/Vovl4j ~/I' C!.JI~/"- ~ C)r#e~ ,11t.(/i:csSOIt~ ON AN
If retired, former occupation: ~NVIR()NlHeNrAL sr/J,(}y'
Community Activities: W I-rJ.lUJ -rf/G U#IJI~Aa' ,ry! sellllc d ON mULrl (!.t/~T/)Ji!AL
o ovN(!IL (; y~.J IIMd CJ.I.IIII2~t:J me"l./d6L !I/lu.. &tJa. C!o~~,.rrf=Etl y'~,
Other Interests: f/A-llrrJ1r rc)/2. Hl/#ol#rry, Ihs ~d~/6-rY; 8"Ar1Ng
Board Service (current and past): Board Preference:
N / 11 (3A!.() u)1./~/eLdS !/.(/VIS o/l.y j30AAltJ
.. I . ,
Additional Comments:
Slgned:JI!~c!~
Date: #ojc>-o c) I
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor; 112 S. Osceola Avenue
",
r;/11;'//J _ Ve.""-f;- r.f e~ I t\.~ ,( l",-,1 e/\_~;t .
3-28-01; ~:~(AMj~1 IY ~LcHK Uc~l.
,t'-' ;JUt:. "TVOV
1T " ,.
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
CD ~ lI(!,o(J~~a~ 11I,e//~1 /J"nO~ r~()1t( -r1lC" f?V&Ie,.,te t1A,(tu/A/(;.
P..G f/AaIL/'r4r/ON ~ iJcd6t/ct.cJ///hcA/r Or (34I)CUNFIG"L.12~
WI/It-II' INeAtJd6s r(/17/~~ 1/iNtI 11>6, EIltP~Oy"//f6#7/<S 1I/'6ry
~Ef./()//2tJNrJt6H/At. -fvs"nee: J7&I./fw ~ ,:J~/Jl.de fi/c!~-
c~()A-rI()~.s JcGA~()I#(j, rE AG'.e'6c!1di'f.rTS (tOJlfIJI.. y tvrrll
~~ w~ plr;;.J1s E (! 0 n "lit If!.. ,It! cd E /)t!~OPI1( G t-r/ IN Ir/~"- /(1 G
2. Have you ever observed a board meeting either in person or on C-View, the WOI!.K. j)t.1'I II
CitY's TV station? .
NO - /3(/.,- W"c/l,.-t::! eJ~Jd!-b/Hff' THE O;?/d/2"-VIVlry
TO 1:10 St:J.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
:c HlllJE WO,eI<~1J tv rrH Clle""/~'/I!."/ nOrcSSo,,;qS rdAf!.
f
q V.k"s, ..r. lJNt1eL!.~~,4N.L1 S~/cNr/rl(!.. "rE~HcII1/0~oay
"- WOJ!.. K6/J CVI7# ;J~o,cEr.rlJ...e. {20~lE"t!71.A1a d#rA J 1'&a,,/.,edIAG
c9UAL'ry' tJ,c WAre-A!. /,(/ A/e'<J.;Jc~S ~v." .:z: ~gdl*5"SrAI/LI rll6
VA'-t/~ or- SOIL Y-W.l(.r~/L -reS1/N(J. ::C /Nf"c~"e:r (vGt."L.
W IrK ,:JeO/ll.l:: W I'TN selGNTI rn:! 8/1t!/(c3A!o GI It'd S.
4. Why do you want to serve on this Board?
AS II (!.lr/2.i:,</ o~ (!"c#JJwlfr~RI 6-r~/~"T'LY r,(!.()~
,q po I Nor d F VIE uJ ~f/llr- I>> IE- N~ e (J rtJ "'it lI~tJ/LIT11~;.
,
11/'1]1' rl3A?f)fL)U~/c~,(J J1Re"A rdA?. <slIfErVj' SAKE:
14 s ,q Id c n I.. .,tJ A. I r /d. 0 J1t 1'1 p() I IV r a;-: tI/ ~ uJ 7"tY'Il1T td6
.
a,lltl 7"~~il ~c .tf~LJ€{..oJ1._ hE' /)IO()~ ~ Y {!.ON'rAHtIN~r6=,Lj
..s II t:=-~ . . I
Name: iI~{!.()~o.rdN.me: ~OW,(/rla.tJS IJtlISM!l
~ ofl,e~ -
~ ARVIDA
~ Itl'ale,' S"I'\'in"
April 30, 200 I
His Honor Mayor Brian Aungst
P.o. Box 4748
Clearwater, FL 33758-4748
Dear Mayor Aungst:
I am enclosing my application in support of a board member position on the Brownfields
Advisory Board. Although I am fairly new to the Clearwater area, I feel that Clearwater is a
wonderful place to live and work, and I would not want to live anywhere else. I am a Realtor
affiliated with Arvida Realty Services at the Gulf-to-Bay office. From a Realtor's point of view,
it would certainly enhance our economy if we would be able to build on contaminated sites that
have been rehabilitated thereby increasing our tax base and creating jobs. I was very glad to hear
that the U.S. Senate approv~d S.350, the Brownfields Revitalization & Environmental
Restoration Act of 200 I.
I feel that I could be effective as a board member because of my 9 years at Villanova
University working in the Chemistry Department. I am well aware that chemicals can harm the
environment. However, in many cases, the areas can be rehabilitated and restored for
development. I understand scientific tenninology and understand the types of testing for soil and
water. I worked with an Inorganic Professor, Dr. Saul Shupack, who collected and tested soil
samples from the New Jersey area. I understand the importance of keeping the environment safe
as many chronic diseases are said to be caused by environmental factors. However, more
research is needed to support these ideas. Therefore, rehabilitation of the brownfields is certainly
a positive step for two reasons: to enhance our economy, and to keep our environment safe.
I have worked on the Multicultural Council at Villanova University and chaired the
~fendel Hall Building Committee. My community contributions have included working for
Habitat for Humanity in West Virginia, and the MS Society. \\'hen we first arrived in the area, I
volunteered at All Children's Hospital until we moved to Clearwater. I feel strongly that I could
make a significant contribution to the Brownfields Advisory Board, and I would like the
opportunity to try. Thank you for your consideration.
Sincerely,
jJ~,
Dianne C James
Realtor
I'IS~ ('lI\f:"tu-Hay lIollll'\"1fl1. (:IL-.lr.qtn. rL ,,'-I,; 1\11\ :"2- ,~12-.1111 b\ 727 .I,12-HII;,\
.\ srJUEromp.my :\YSE:JO!:
APPOINTMENT WORKSHEET
FOR COMMISSION MEETING July 17. 2003 Agenda #~
ORLS :)
BOARD: Enterprise Zone Development AQencv
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: Linda Byars
MEMBERS: not fewer than 8 or more than 13
CHAIRPERSON: John Connelly
MEETING DATES: as called
APPTS. NEEDED 5
DATE APPTS. TO BE MADE:
Categories to be represented: 1) local Chamber of Commerce; 2) local financial or insurance entities; 3)
Business operating in the Area; 4) Resident residing within the Area; 5) Non-profit community based organization
operating within the Area; 6) local Private Industry Council; 7) City of Clearwater Community Response Team;
and 8) City of Clearwater Police Department
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW REQUIRE
EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW APPOINTEE.
Date of Original Interest in
Name-Address Appointment reappointment
1. Isay Gulley 2002 Yes
1246 Eldridge St., 33755
Non-profit community based organization operating within the Area
2. John Connelly 1999 No
1 Harborside Cr., 33756
Business operating within area
3. Bob Kinney 1999
P.O. Box 524, Ozona, Fl 34660
Local Chamber of Commerce
Yes
4. Bob Fernandez 2003
301 Hillcrest Dr. N., 33755
Resident residing within the area
Yes
5. VACANT Seat
Local Private Industry Council
THE FOllOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE
VACANCIES:
Name-Address
1. Non-profit community based organization operating within the Area
No applicants
2. Business operating within area
No applicants
3. Local Chamber of Commerce
Lynda Wilkinson
323 Meadowlark lane, 33754
4. Resident residing within the area
No applicants
5. Local Private Industry Council
No applicants
CITY OF CLEARWATER
ENTERPRISE ZONE DEVELOPMENT AGENCY
APPLlCA TION
4~ tl/ 11y
(/ ~~ ;r;",
.'j . -::J /.I r;f/,~/:", . --:? Q/?~ K
,/ tlfi 2, c0.J /.:.J... 21 l..:) 'J / L.VO
Telephone:. .'/: .- ~[..q t:, " Telephone: (7.2 V 1/71:2 -.t//~-'
How long a resident of clearwater?_iliL /l..({,( ...L?/Y J/~Z'e /;lj7~ ,
h -A ))' h r1./ k 1j;/ifb/lr"j/,p~
Occupation: /t II 11/ ( 'JrfJ/'- r Employer:' ~/lf/'{,tJ. :r 'i ';J'.l:)/ .s2/.j//(,,~~
::;c;t/c~' ~r/(~~
Field of Education: Other Work Experience:
/, /4, .&1'/1 J1'r/J, d. ;;t?ciy-f. J/J) <Iii:: tNt' dL' ~I ,?;,'/JM//C
(p#~: / J
---J2.) {~/( / If? ,.11 rdr/
O.
If retired, former occupation:
Community Activities:
Board Preference:
:
Additional Co ments:
Signed: Ui' Date:~k/h'JY' ~1J ,-=lL/-'--~
Category AppJ Ing For:
(_)Local Chamber of Commerce (_) Local Private Industry Council
(_)Local financial or insurance entities (_) City of Clearwater Community Response Team
(_)Business operating in the Area (_) City of Clearwater Police Department
L)Residents residing within the Area
(X)Non-profit community based organizations operating within the Area
Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO:
City Clerk's Department,
P. O. Box 4748. Clearwater, FL 33758-4748
CITY OF CLEARWATER
ENTERPRISE ZONE DEVELOPMENT AGENCY
APPLlCA TION
Name:
70 85 {Z( I;: .J<: Ai fJ E>(
Home Address:
'30-g LACO~;f\J Ute. 'p O. Box 52. '-I
D 2.0 Iv (1 FI. Zip 3 L/ (, hfJ
I
Telephone: '7).. 7- 7,1' b <3 9 9 <f
How long a resident of Clearwater? 10/ 7lf -
J
Occupation: f\ Ef4rL Tof!-
Field of Education:
13ANIt{~}c. / h tJMJLf - (j,<J(vercs/H of
Ft-O(LtQIJ,'- l-J 5.13.(/. - / 'If.1
Office Address:
3 41'-1- 7A-A~fJ/1 KOA D
PfH../"l J-IA-/?I3()R ) F! Zip 3 4~fL/
Telephone: 7;;" 7- -r SJ9 - 5:5 5 5
9 f'l - NC/I CU(!f!.~77- /} Re~;'DeNI.
Employer: RE. tflA c.A-LT~~ G R..o vp
Other Work Experience:
19b 7. /1Qt.f 73MtJET7 BANK.
/o/1S' /997 NDI?TlI'{).JE570:;J /Y)vTVAL L,,d~
If retired, former occupation:
Community Activities: V/c..C GlHll'r< - (!!.Jw, e/-!-ItMf8eK OF C,Mfl1ff<CE ," C'-Iflff?h//fJ - /AMf/1 131-7 '-{
/J . '7) /i) 'i7 . 'l)IRecrorl.-uf'~K C!..
\..;ommu,J Irj I;~v. L>l.)(((J, · I CJ7J((- !\OT1N!; dli:3 of DUNE.j)"..} f!.. . I" -LCII.k; Cc.=NtErz'
(, ...., /-.0 IJ 4 C E /'o.ITE K. - ()() ,v' ()..
Other Interests: I' - .:;vA/ICo/?- A-c1.f/etJ~^,'fNT
Signed:
Category Applying For:
<~)Local Chamber of Commerce
<_)Local financial or insurance entities
<_)Business operating in the Area
<_)Residents residing within the Area
<_)Non-profit community based organizations operating within the Area
Board Service <current and past):
NONe
Board Preference:
Date:
()cro/3Ee.. cAS, 1719
,
<_) Local Private Industry Council
(_) City of Clearwater Community Response Team
<_) City of Clearwater Police Department
Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO: City Clerk's Department,
P. O. Box 4748, Clearwater, FL 33758-4748
o--fPf- ~J\I u rc/. .\~1.'f ~ d f( 5/1'1'
r<: c v Lt y r 7 ( 3 II c, 3 ::;: ,J+
CITY OF CLEARWATER
ENTERPRISE ZONE DEVELOPMENT AGENCY
APPLICATION
OC'r ('\ oJ/JO')
, I/qf. f..
Name: BOB FERNANDEZ
Home Address: 301 HILLCREST DRIVE NO.
CLEARWATER
FLORIDA Zip 33755
Telephone: (727) 461-7674
How long a resident of Clearwater? 20 YEARS
Occupation: RETIRED
Field of Education:
Office Address: CHAMBER OF COMMERCE
620 CLEVELAND STREET
CLEARWATER, FL 33757
Telephone:
Employer:
Other Work Experience:
If retired. former occupation: VICE PRESIDENT CONVENIENT FOOD MART STORES
Community Activities: MAIN STREET PROGRAM, GENERAL MANAGER CLEARWATER
DOWNTOWN FARMER'S MARKET
Other Interests: GARDENING
Board Service (current and past):
DOWNTOWN DEVELOPMENT BOARD
JOLLEY TROLLEY CORPORATION
Board Preference:
ENTERPRISE ZONE COMMITTEE
Additional Comments:
Signed:
Category Applying For:
(_)Local Chamber of Commerce
(_)Local financial or insurance entities
(_)Business operating in the Area
(~Residents residing within the Area
(_)Non-profit community based organizations operating within the Area
Date: OCTOBER 9, 2002
(_) Local Private Industry Council
(_) City of Clearwater Community Response Team
<_) City of Clearwater Police Department
Financial Disclosure may be required at the time of appointment.
PLEASE RETURN THIS FORM TO:
City Clerk's Department,
P. O. Box 4748, Clearwater, FL 33758-4748
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
--- ./" .
I~J c7S:,,'/S" I/.'l -/)t5':' m'-, '{;i~f'l'/'<=d;/- ,-:',,;,7
//.~.'/,.J/;'/'....'/':/.rJ'~~// '.,~' ,4~, rl1r't(
, / J. ' I -.i / " '/ ,'7/ /
571(( Ir'.,' ,;}/,,'/-" /' .Ie'" /..S'~: (:" ,'//:N/ /."(',/;'l /t' / - ~,>" '/ / ,1__ ('/' /l' /Y'" .:;Jr ,.;" rr-,
1 -:-/Sh'/l ~ .;;.. -6{"_'N'>" 5(",''<:' L','.';"/ rc:<.:-/t'~//. :s'
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
_YES
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
_ACTIVE IN SEVERAL DOWNTOWN COMMUNITY ACTIVITIES AS WELL AS OVER
TWENTY-FIVE YEARS BUSINESS EXPERIENCE IN OPERATING A MAJOR
CORPORATION.
4. Why do you want to serve on this Board?
I FEEL I HAVE PROVEN MY INTEREST IN SERVING THE COMMUNITY AND MY
LONG-TERM COMMITMENT TO DOWNTOWN CLEARWATER. I ALSO HAVE THE
TIME TO DEVOTE THE TIME NECESSARY TO SERVE ON THIS COMMITTEE.
~
----7 /
Name:/ (c//(7,_ ' Ut.6P-U<'Y; . ..
Board Name: /~'k//y/.s(' 4.//('~ /.:{-t,'t-lc"7'J.;/'l"///" 7YL'/k/V
-' Y"
FILE No.288 01/07 '03 13:11 ID:CLEARl.;ATER-CHAr1BER FPX:7274492889 PAGE 2/ 4
l2/1EJl2eCl2 11:3':: 72756:2'::875 :::CON DEV PAGE ~~
Ij,
1 '
1 :
. 1 : JAN'O 72003
CITY OF CLeAR
E;NTERPRISE ZONe DEVEL
APPUCATI
ER .
; I
. ENT :AGENCY .
I
I
Name:
\
)
Telephone:
How long a resident of ~~r? ~~
Occupatlon:M.b.l t
~ of Education:
AJ.AlAt~ A
If retired, former occupation:
Community ActiVIties:
Other Interests:
Board Service (current and past):
r' ;preference:
, .
l . I
Additional C
Signed:
Category Applying For:
~Local Chamber of Commerce
L)Local financial or insurance entities
USusiness operating in the Area L) Cl
~)RAsidants residing within the Area
~Non.profit community based organizations operatin
. . \
. .
I
Financial Disclosure may be required at the time of appin: : ent.
nS8 Team
nt
PLEASE RETURN THIS FORM TO:
City Clerk's De a; ment, i
P. O. Box 4748. . "'.rwaler. FL 33758-4748
. !
1
I
I
I
I I
"
FILE No. 288 01/07 '03 13: 11 I D : ClEARWATER-CHAilBER FAX: 7274492889
12':!. e/2ea2 :. 1: 34 7275624a75 ECON DEV
;1 .
. . .
,
PAGE 3/ 4
PAGE 133
1. What is your understanding of tha board's dut
BOARD QUESTIO
~ i
2, Have you ever observed a board meeting '~Ith 'r: [persJ or on C-Vlew, the Ci '.
TV station? 0
. ,
;
j
3. What background and/or qualifications do you hd e that O:J feel would qualify OU
to serve on this Board? '
FILE No.288 01/07 '03 13:11
ID:CLEARWATER-CHAMBER
FAX:7274492889
PAGE 4/ 4
PAG=: tl4
22/10/2~02 11:34
7275524B75
ECON DEV
Name~~.~j~
! .
Board Name:
~
APPOINTMENT WORKSHEET
oR.LS ti
FOR COMMISSION MEETING July 17. 2003
ITEM# LfG
BOARD: Parks and Recreation Board
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT: City of Clearwater
FINANCIAL DISCLOSURE: Not Required
SPECIAL QUALIFICATIONS: None
MEMBERS: 7
CHAIRPERSON: Jonathan Wade
MEETING DATES: 4th Mon., 6:30 pm
PLACE:
APPTS. NEEDED: 1
DATE APPTS. TO BE MADE:
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name
Date of Original
Appointment
Attendance
Record
Interest in
reappointment
1. Vacant Seat
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience. Etc.
1. Deloris Bell
1356 Terrace Road, 33755
Retired Family Education Specialist & Teacher
2. Jim Ficken
1608 N. Osceola Ave., 33755
Real Estate Investor
3. Milton A. "AI" Galbraith, Jr.
3180 San Mateo St., 33759
Attorney
4. William Kirbas
34 Bohenia CiL, N., 33767
past member of this board
Financial Advisor
5. Elizabeth Lancara
2030 Cleveland St., 33765
Secretary/Administrative Asst.
6. Ray Shaw
2972 Clubhouse Dr. W., 33761
Sales/Marketing
7. Allen Weatherilt
880 Bay Esplanade, 33767
Operations Director
Zipcodes of current members on board:
1 at 33755
2 at 33756
2 at 33765
1 at 33767
1 vacant
.
. . .'
..-, ',fn'''H:''i.. ,.',!. ;'..,.\ .~:'-:'; \.i.'~.'..~:~; ~.:~~.~~.,....;;.;j~;~':'il'~~:'.;.~..~:\..U'.q;:lf':.;;""'~".~;i;i{;,:'
CITY OF CLEARWATER. APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:.Jj~LOr;s Beii
Home Addr~ d ~
~ ~-e/ &PLl-~
'r.JiartJ~r--- Zio.33 ~
Telephone: g j 3 'f~ / -I 0/2-
How long a resident ?f Clea~ater? ,3 g' ~ .
Occupation: f &'-/-J reo( Employer:
Field of Education Other Work Experience:
~~2~~~ ~~~
Office Address:
Zip
Telephone:
If retired, former occupation:
Community Activities:
Other Interests:
Board Service (current and past):
Bt:!td preference~
, ~ l tfelll'~/l/gd4n(
Additional Comments: '
si9nedJfJ L ~~'--!f)dJ
Date: (J~~/~g
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue R. F; eEl 'T E, D
MAR 31 1998
~ I ~ ) GO - 16.9 (' ()v:\ I 'l S -(--. .
(~: 0 I. V,-~tL'-" L~~t C0l,", +.\..l'-l'-~&. LkMI'L1J.Yt>
I u C.3 - y, I I , I
5 ~~/oJ. V~{.,e.Q./~Ik.,~J L~~,
C:~T"" GL'E}l\( DEP-r
,-. . -. "" -'.; ,," .".A~/A~::':' ~';',,~' v'''~:;;:';;:'':;':J:'''t':::'..., :.~.. ('.,;,,-i,'~;"~l. ~:r';. ~.:".I :;. !\,";;.~ ,
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
.J6 M~ ~ -I-h,>' ~ ~'f~~
I - - - - -- ~. ~ '
2. Have you ever observed a board meeting either in person or on C-View, the
City'! TV sta ion?
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
----t ~~ MiL.:. ~~ ,l.il..R-lf
~/~~~/N~.~
~~~~.
4. Why do you want to serve on this Board?
Nam.~LL-\._ v3tJ/
Board Nam.:p~lf ~~
,rn(~'E1VED
MAk 31 1998
':I',.Y' (~t._..::R:'( o~~'r,
.......'.; .,' '..'~L.-.":.;'~:~~"" ,II ',.,.:.
"..,':.',p<:;",,::
Home Address:
Office Address:
!! ~,. ,"... ...
, ',< '-'-.",
'...- It .-{' )"; '-
': .,i ~ :':rj~
'.
CITY OF CLEARWATER
Application for Advisory Boards
(must be Clearwater resident)
it)I l/:J! '0 7f;1
. . ',.' .11, T( ~1 /f1? lhy
.' ,1.11. t)
,. [- B )
. :.. 3 19nn
Name ~ I W'J
Fl-ck.e V1
....
IboP: N. Oscecl~ /~
C (ec(l-VJ~+tv- ZIP: 3,755
Telephone 4- 6 4 - ? 99' ~ Telephone
ZIP:
Occupation r..eq, f eS +-t-k i VlV()S't-or
Employer
4- 'Y~rr
~e \,'1
How Long a resident of the City of Clearwater?
Field of Education:
Other Work Experience:
P:E:) ~S", );1\1) )~E' I
CC'w\~erdQ I MllS"c, Jou~fI(ll'.J""
~~ r~ ('~.{-tr.e...Jl. ~ ,., 0 ...~ Q'~ (c::.~NJJ,
-tx-Ga(('QS-T r~f~"'~(', ;f\v.es1Wt&.. f mj-l.
If retired, former occupation
Community Activites: (oll~9~q-te ];1)7r~wHAY'qt1 (1U4~1f'(1 r hQ~rmah
Other Interests: ~; q I evc""i- proJ..I.l. ~fl\6~ +-pro....~ -/-,'t) v.., l (c',,; I. r,o 7 J..'fs..
Board Service (current and past)
Board Preference:
pa r (c,.r ..{- fR.. e.. (r e CI i-/ c:J VI
Additional Comments: ~b €acVr t$-
n . CJ.., '_L~.
Signed: \~~,
/'
-I:Lu Ice r fD CIRqr uj'tft,.r
\/3o/~B
Date:
Please see attached list for Boards that require Financial
appointment. PLEASE RETURN THIS FORM TO: City Clerk's
Clearwater, FL 34618, .
';'/'01 [Pet-f() Vd?J\.(JlQl"Q.. GOn~"S\..l,,-~l Lt~~~..t
0--... I ,V ' I (f
I I'lJ c L~ ( r ,.} l-:J
5/) ~ I /) ~ V v';'-0-a.~) (end. .v-U:.~ 'L~0U4-.:t .
Disclosure at the time of
Departrnent P.O. Box 4748
, ..; , . 't,:, ... ~ ~,',:.: ''..i: '+: . i;, ,-'__' '.":' . .... "', ':'l-..-~.:.' .;':.. '" '",..;,: ",:' .:;;':" .~ ~ ';.K';::'~'i',"-''' "'.""'"1'
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
Mil ton A. "Al" Galbrai th, Jr.
, 1
Home Address:
3180 San Mateo Street
Office Address:
P.o. Box 2842
Clearwater, FL
Zip 33759
Zip 33731
St. Petersburg, FL
Telephone: 725-3828 Telephone: 893-7056
How long a resident of Clearwater? 1955-1969; 1985-present
Occupation: Attornev
(assistant city atty.)
Field of Education:
B.A., Florida State University;
J.D., FSU College of Law
Employer: ci ty of St. Petersburg
Other Work Experience:
City of Boca Raton, City of
Clearwater, City of Lake Worth,
private practice, Palm Beach and
Pine1las Counties
If retired, former occupation:
Community Activities: First United Methodist Church, Clearwater;
youth activities (e.g. band boosters) while children were in school
Other Interests:
Board Service (current and past):
Board Preference:
Parks & Recreation Board
Additional Comments:
Signed: ~
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
Date:
1-4....o~
';!) ~/o-':' _ J t~b.d,Q ('~l",^-~.J.J -L~te'1.Q;.t.
;.": '.:"," ';' ';,""';" ,,'~_I~.."',);;~,..:':""":c;.,..:'I" ,-
. 0 , . <. ,~'~i,..'.'
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
To serve in an advisory capacity with respect to the condition, maintenance,
improvement and beautification of the City's public parks, playgrounds, beaches,
and athletic fields.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
Not this particular board. I have attended meetings of a variety of municipal
boards and I am familiar with the proper conduct of business before such
boards. I would bring no "agenda" to this Board.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I am the father of four active young people who made good use of the City's
soccer, tennis, and softball and baseball fields. I am a long-time resident of the
City who enjoyed using City parks and recreation facilities years ago. Also, I am
or have been an employee of four Florida cities in two counties during my career.
I believe I have a good insight into the proper maintenance and improvement of
parks and recreation facilities, which provide some of the most important
services any city can provide its residents.
4. Why do you want to serve on this Board?
To make a positive contribution to the City in which I grew up and worked.
Name: Milton A. "AI" Galbraith, JrhOard Name: Parks and Recreation Board
" ",~,'.' '. .'. ,". .
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
IvTT,T,Ti\~.! P J{T"R'Ri'\~
Home Address: Office Address:
34 Bohenia Circle ~orth 100
Clean-later, F'lorida Zip 33767
Telephone: 446-4870
How long a resident of Clearwater?
Telephone:
Occupation:
F'inancial Advisor
1 R YPr:l rc:;
Employer: Ame~n Express
Other Work Experience:
'f<.~+\ r~d
Field of Education:
Associate degree, engineering
Maqnetics enqineer
B.S. degree, physics & mathematics
M.B.A. deqree, finance & marketinq
Plrlnt- MrlnrlCJPt"
General Nanaaer
If retired, former occupation: n/a Bus i ness mvner
Community Activities: Director, lToll ey 'Prall P-y. TJ; rprtnr- t:. VP rl Prl rlol;:Jtpt"
Beach Association
Other Interests:
Woodworkinq and mechanics
Board Service (current and past):
Board Preference:
Parks & Recreation
Community Development Board
Parks & Recreation Board
Additional Comments:
Signed:
a/ ·
.~.~~
Date:
,1\pril 13, 1999
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
p f'~ ((; tt1~ ][ '.I' l~ fl
'/7/01 -10f f oJ k~ I,<;-+-s
\ ( ; ( . '. '( II ' ,
''1 0'). -
~/')j O.3~ V0\A.tf~fJ.. ~I~,t~~.
~,p ~( l 'J 199~
('Trv c.. ~;.\:<( IJEiJr
"";"';.'.,< ~:':~"i,""~~l""1>"; ';' ~ 'I:i:r.;.~"','r.'" "',. ,:". ,. "^J~
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
T~2 ~oar~ assists ~~0 Par~s & Roc. staff in evaluating
curre~t facilities and activities and r~co~mending
improvements and capital 2x~ansion for par~s and
recreation facilities to the City Commission.
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
A number of times including a four year term as a member
of the Dar~s an~ Recreation Advisory Board.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
My orior eXDeri~nce on this hoar~ nrovi~es ~e wit~ a
thorough appreciation of the board's purpose and
responsibility.
I have a keen interest in athletics
and recreation ~v way of my oarticination. I have a
sound ~ackground in finance that could help in prior-
itizin: 2valuate~ projects.
4. Why do you want to serve on this Board?
I'~ li~2 to continue wor~ing toward the objectives set
durina my previous term in mal~ina the parks and Recreation
Departm2nt the finest in t~e State of Florida and its
facilities and ~rograms s~cond to none that we would ~e
proucl of.
Name:
~v i 11 i 3 IT! D
Kirbas
Board Name:
,r ~.r rtf n
.....' 11",1 (.1" 'ii.,'1 iI ." It...
\-e ~(1 , J t...' ". .
?a rl~s and R6cl2?ti.Q.n
l\r~F t G 1999
- -"'j'
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. . '...', ': ~. "~~'"'. ,.
" . ," .,,", I" :.'".". \.l':, ~'~,''t;k( 't- ,...,..','; ~ ~.~:! .,~, \'..~.~~;..lj. ,~.i.. iJ~J~~j,~(..;.'fi.\,t~~:1ik; ~.~~:..;:~..;>.:.;,':, :l~j,.(~:.;,...j~~tt"';.i .T:,:<:;,J;j~o1.~:;'-l';;'':':''''"1'.~~r~:i.)\'.(:;~;:~'f~f ::.t;,l."!.~ )~;.o\I..it~'0' i'
."
q' li;"~' .~-!"i''''':~- <:',..........: :..~.:.. '" .',. ,. ~ ,- '-
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
The board is a comprehensive administrative board that has
assumed reponsibilty of prior multiple board activities
involving zoning and land use, development code adjust-
ments, design review and planning. It is this board's
obligation to conduct public hearings relating to petitions
brought before the board by residents and interested parties.
2. Have you ever observed a board meeting either in person or on C~View, the
City's TV station?
Many times as well as serving on the Parks and Recreation
Advisory Board for four years.
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
I have the academic background and work experience
to qualify me in rendering fair and sound judgment
regarding matters of development brought before the board.
I have engineering and financial training that would assist
me in comprehending and evaluating matters under discussion.
4. Why do you want to serve on this Board?
I have been a resident of Clearwater for over 18 years.
I've addressed the city commission and various boards
relatinq to codes, planninq and zoninq. I'm more than
familiar with the affairs of the City, past and present.
I'm interested in enhancing tha quality of life for our
residents and I would
offer my advice to achieve it.
10 ~~~ f~ ~JI " F 11'
Board Name:_Commlln i ty .nevpment
Name:
William P. Kirbas
c , " 1n('\0
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'~rr'-{ ~ ~~.:C ;....\<. DE ;.IT
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
Name: Elizabeth A. Lancara
fEB L ~ 2UUJ
Home Address:
2030 Cleveland St.
Office Address:
Clearwater, FL
Zip 33765
Zip
Telephone: 727-447-6209 Telephone:
How long a resident of Clearwater? Eleven years
Occupation: Secretary I Administrati ve Asst. Employer: Currently unemployed
Field of Education: Other Work Experience:
Have 32 college credits, Data Entry Clerk for Title Co., AF Recruit
Office Administrator, Customer Service
Rep.
If retired, former occupation:
Community Activities: Skvcrest Neighborhood Assn.. Clearwater Garden Club. volunteer for
Clearwater concerts and Officer Priendly Bike Safety Jamboree
Other Interests: PhotoQraphv. crochetin~, hike riding, pk-,V\l'\.~ \J\d\.J\ <::\.,,,",,~ f\\'::'~\C
Board Service (current and past): Board Preference:
None
Beautification Committee
Parks and Recreation
Additional Comments:
Date: ",;2 -/ j- ~:-3
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
~Iembers advise the commissi on on any ix:hanges or improves necessa ry to
keep recreation cent.ers alll1 parks attractive to citizens' llse. There
is room for improving these facilities based on needs of residents.
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
I've watched the Development Board meeting on C-View.
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
I have been a resident of the Skycrest division of Clearwater for eleven
years and have some knowledge of native plants that may help in improving
landscaping.
4. Why do you want to serve on this Board?
r would love to take part in improving Clearwater and feel that the
Parks and Recreation Centers of Clearwater are a great Dart of enjoying
life here.
Name: Elizabeth A. Lancarn
B d N Parks and Recreation Board
oar ame:
(" r- r' · P . ~U'\)'..!
reI.") .L ;!~ tv
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
N am e: \<- C>-u... ~ \-.. ~
Home Address: )
~C"\ -1'2.. c..~\''-N.';\.)...~ \;)""\.\)~ \.).je:~
c..~O-("'w~r- \ c;\o,,"'\~,"?:-, Zip'?\~I~ )
Telephone: '1 "'2-\ - \C\ \- L,c5~S
How long a resident of c'earw~t~r? \(0 ~Q7"'C'-~
Occupation: .:) a\o.~) I 'tI~(""'Lu.\ \~~
I ,~
Field of Education:
Office Address:
~\0 \~~\\.... ~1\~ \.J~\\....
-:k...'\e~ ~-~-;, \', t~ \-'\C~?_ Zip '~L.\lcC; c~
Telephone:..:] 7-1 - (O~,- 2.'~ \tc c~ -1 '25 -'2f\~c\
Employer:COo.~.J) t)\~~\ ~~~~ . ~
Other V'Jork Experience:
\ ~~~~'O ;:)(YT ~"4!\.A~
\c."?.r~ \ u CL';!)'~
~
~'S - ~~~
~6E- ~~~>~~
\~'\L
\('"-\\3
If retired. former occupation:
Community Activities:---5 \.. \"" " ~, - t~K~ ~,~ (~~ CCI.,,\~ 7'\to\.) ')
~~&o-tt~,~\~~~~ ~:.
Other Interests: ~ \.:.~ \~-S ' \Y-.~ ;'"T'>-'X~
Board Service (current and past): Board Preference:
u a. ~~..-'i:s ~ Qor~~~ ~o~
,
Additional Comments:
Signed: A/dL
Date: 4e.~~ \0 .~ot)7)
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall. 2nd
Floor, 112 S. Osceola Avenue
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
-\"' . \ ~." . . (\
1. ~\~O~ -\: ~ ~Z>-~ \ -S \ ~ Q. y." \ ~ ~J.. "-.J (..:...Q '\.0 ~,,-c. '0 \~
-\\.t-' ~~ ~.;\L., '"2'.. c-0:,~~ c r>,,'~:,:~\\~Q'""\c. a~"-:;'QO ~ ~~J,,""y'-
"~
<..'l.~~ .~~ ~'b.~.\\~~ \(~..{I\'2>-~~ ""~~ G~~~
) C')
\\..Q ~C~~ ~,~ ~-)\.~ ~~~\",',~ ~ ~iQ.. G-\~~
\
\.)a.,~"':.~ ~"'Q.(~a\-Ao..c;:, a~ ~~"-S ~ 6~ ~ ~"S!l.. 0-\ \~ ~~~ 'e \y\"~.~",'S .
2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
___ ~s...'- O'\.J \' ~
3. What background and/or qualifications do you have that you feel would qualify
you to serve on this Board?
. ,
- LL~ 0-\ ~~..j) .~ ~~'" ~~\\~-s
- \~\Q..\;R.~ ~~ ~\.a ",~..~-a~~ a.~ C'c~~ o~'~~'L'S
· '" I . \" s
- \~\-R-~ ~~ '\"\"2I.~',",\2.I~~ \~.:<;.O. 0 I -\\.0 ~~\-X-~ 'n~ ~~~o\
C~,,~~, ~S\c&u..~"'\~
.
- ~\--c.~ \~~~ \~ ~t:\\- ~cl\\)~-:-S
4. Why do you want to serve on this Board?
- -"t.. ~~~ \.\~ ."tr, ~~'<- -\c:A"~ ~l ~s:;.~~
,^c,:~ ~7~ \\..9 ~~"\o u~. \""\~_~ 0-(" ~<L c~..~~
G-~~~ eQ ~ c:.>:S \:,~ ~ ~,'-~ .~~~ \ -=\ \~~ '\ '"I. \~\M
<,'f;b -\c;. ~, ~ ~?...c."i.J Sa"t".o \\~ ~'-'~ e.\..\......~-\ -\re \.\.0 ,.~,-
,) ~~
-r::.. \\~ \~ .
Name: 41t--
Board Name~O-"="'L \~.c..~~~
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident) ~~AH ;?" f) ,~!Un:j
Name: Allen Wt'n-\\\ty'j ,.b
Home Address:
<6 <s 0 (?'(\.'1 E "':> P Ie\ \-"' Clrl t'--,
Cle.(\r LlJ(\"Kr- Zip 33 7G, 1
Telephone: "7:>"'1- 4LIl." SOld)
How long a resident of clearwater?~c'n\~
Occupation: .
Field of Education:
Office Address:
I (.,(.1(11 Ll.~ HIl '~ /0 '"
CI e{h"l.L)cl+C-r Zip --S37(....1-
Telephone: 7;),,-1 - -7.;J. (r, - (1 7 "7 C
Employer: Yelk\"dC(\~
Other Work Experience:
If retired, former occupation:
Community Activities:
Other Interests:
Board Service (current and past):
Board Preference:
Additional Comments:
Signed:
Date:'--Wl~a L'1) 200 3
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
BOARD QUESTIONNAIRE
1. What is your understanding of the board's duties and responsibilities?
2. Have you ever observed a board meeting either in person or on C-View, the
City' s TV station?
3. What background and/or qualifications do you have that you feel would
qualify you to serve on this Board?
4. Why do you want to serve on this Board?
Name:
Board
Name:
March 17,2003
Allen Wcathcrilt - Parks & Rec application
Field of Education: Engineerin~
~ -
Work Experience: Operations Director for the fourth largest taxi company in the State of
Florida.
Community Acti\'ities: Coached for Petc Murphy for the City ofClearwata tee-ball and
soccer.
Other interests: Fishing - helped to set up the fishing classes for the City with the (ortner
Howard "Doc' Selick
Board Service: Parks and Recreation, Beach Association, Clearwater Beach Rotary,
Clearwater Civic Association, Clearwater Innkeepers, Metropolitan Planning
Organization Transportation Disadvantaged Board
Board Prefercnce: Parks and Rec
Additional Commcnts: Alan Edelman was the Recreational Director when I was a youth
at the Youth Maritime Center on Clearwater Beach. I graduated from Clearwatcr High
School in 1968 with Steve Miller. Larry Dowd was thc recreation director at the
Clearwatcr Beach Recreation Centcr when our childrcn were growing up and our son
Matthew was the recipient of the first Les Caster Award for his service with thc City
Parks and Rec program. My wife and I have been involved in the development of the
Clearwater Chargers youth soccer for 18 years. We havc recently taken on the
responsibility of Senior Socccr Challenge whcre the best graduating scniors of Pincllas
County play the best of Hillsborough where almost 550,000 in scholarships has becn
awarded ovcr the last 10 years.
I. Board Duties: Meet once a month to discuss the prescnt and future plans for the
development of the parks and recreation programs for the City of Clearwater.
2. Yes
3. Served on numerous boards, active in thc community for 44 ycars and raised four
children that have also becn in involved in the parks and recreation programs.
4. As a farmer, you can't just takc from the good of your soil without putting back. It's
my time to put something back. Dcveloping youth soccer has hecomc our passion
having bccn involved in the development of one of the most competitive socccr clubs
in the nation. I am very interested in bringing youth soccer to the next level by
further partnering the Chargers with the City of Clearwater. As a youth, r grew up
with the "World Champion" Clearwater Bombers playing softball in my back yard. I
believe thc Clearwater Chargers arc rapidly approaching that status in soccer and will
bring similar recognition, significance and pride to thc City orClearwatcr.
APPOINTMENT WORKSHEET
ORL55
FOR COMMISSION MEETING July 17. 2003
Agenda # If I
BOARD: Community Relations Board
TERM: 4 years
APPOINTED BY: City Commission
FINANCIAL DISCLOSURE: Not Required
RESIDENCY REQUIREMENT: City of Clearwater
(1 non-voting member representing Clw Police)
MEMBERS: 5
CHAIRPERSON: Robert Reece
MEETING DATES: As called
PLACE: Determined when called
APPTS. NEEDED: 1
THE FOllOWING ADVISORY BOARD MEMBER(S) HAVE TERMS WHICH EXPIRE AND NOW
REQUIRE EITHER REAPPOINTMENT FOR A NEW TERM OR REPLACEMENT BY A NEW
APPOINTEE.
Name
Date of Original
Appointment
Attendance Interest in
Record reappointment
1. Candace Gardner 2003
736 Island Way #305, 33767
The person appointed will complete term to 7/31/06
Resigned
THE NAMES BELOW ARE BEING SUBMITTED FOR CONSIDERATION TO Fill THE ABOVE
VACANCIES:
Name-Address
Comments-Related Experience. Etc.
1. Andra T. Dreyfus
1463 Gulf to Bay Blvd, 33755
lawyer
Zipcodes of current members on board:
2 at 33755
1 at 33758 (non-voting member)
1 at 33764
2 at 33767
Captain John Slack, the current non-voting member representing Clearwater Police, has retired.
Need approval to appoint Captain Anthony Holloway as the new non-voting member.
Revision 1/7/03
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
/J - '0. u~uc
Name: .T'tJDt.fJ I. f...JRE.:J :::>
Home Address: "("'
I c; 03 9tJ1 fa hex; r-
C&CV7UJJkt&. Zip -3:7 K'Lj
Telephone: L( Y- 2- / (If V
How long a resident of Clearwater?
Occupation: LCtc"u ~
Field of Education:
~ Office Address:
5~31-k\Je"'Pa~~. _
--\K~Sv~-rslqV\d Zio 3376~
Telephone:
Employer: .~ fvs. La C<.-( f-lled(
Other Work Experience:
L+uJ
If retired, former occupation:
LtUh tl-thrL- .y;~
let rf-1a.l-z;~ ??(,O (!.(a~',.J
Other Interests:
Board Service (current and past):
Board Preference:
C{)/tllIH () IU ( flj I< 4fU1J!() S
Additional Comments:
Signed:
---
Date:
1/d..i-/7/
See attached list for boards that require Financial Disclosure at time of appointment.
Please return this application & board questionnaire for each board listed to:
City Clerk's Department, P. O. Box 4748, Clearwater, FL 33758-4748 or drop off at City Hall, 2nd
Floor, 112 S. Osceola Avenue
iI~ /l/-tf.t:.. (J~~ ~ C!elAt.-( (t~::U.J .
~~,~~~ 11?'~8
(/ ,fUlL
ITEM # ~g
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #: R l) \
Final Agenda Item # \.1 <3'
Meeting Date: 07/17/03
SUBJECT/RECOMMENDATION: Adopt a tentative millage rate of 5.753 mills for fiscal year 2003/04 and
set Public Hearings on the Budget for September 4. 2003 and September 18, 2003 to be held no earlier than
6:00 p.m..
[EJ and that the appropriate officials be authorized to execute same.
In accordance with the TRIM Bill process it is necessary for the City Commission to adopt a tentative
millage rate prior to finalizing and adopting the Budget. The tentative millage rate will be included in the
TRIM Bill notices sent to taxpayers in early August and cannot be increased without special mailing.
The City Manager's recommended millage rate of 5.753 mills is the same millage rate as adopted for
the current year.
The rolled back rate, according to State definition, is the millage rate that will provide the same ad
valorem tax revenue as was levied the prior year. If the recommended rate of 5.753 mills is adopted,
the City's ordinance adopting the millage rate will reflect a 7.39% increase over the rolled back rate of
5.3571 mills.
The effect of the recommended rate of 5.753 mills on an individual Clearwater taxpayer:
. If an individual's property tax value has not increased (Le., no reassessment), there would be
no increase in the City of Clearwater's share of property tax.
. If an individual's property tax value has increased (Le., reassessment), the tax increase would
be the same percentage increase (a 3% increase in value would result in a 3% increase in
the City of Clearwater's share of property taxes).
Reviewod by:
Legal N/A Info SIVC
Budget ~. Public Works
Purchasing N/A DCM/ACM
Risk Mgmt N/A Other
Engineer N/A Plann!n /Dev
Submitted by:
City Manager ~ ~
N/A
Originating Dept:
Budget
User Dept.
Budget
Attachments
Cos ts n/a
Total N/A
CurrentFY
Funding Source:
CI
OP
Other
[EJ None
Appropriation Code:
Printed on recycled paper
2/98
Northwest Fire & Rescue Station No. 51.
Rev.
JUJ'L/~
.JlJ; (:' J J
,
-,
CAPI f/\L IrllPROVEMENT
PLAN
Downtown/Beach Entrance
Downtown Streetscapc
Gulf to Boy/Highland Ave Goteway
Improvements
Memorial Bridge Landscape/
Beautification
"K~{ ~ t1 6
--n-Original Message--m
From: Szabo, John
Sent: Thursday, July 03, 2003 1:52 PM
To: Phillips, Sue
Cc: Gustafson, Laurel; Dort, Kathy
Subject: Commission Requests re: Library
The following information is provided in response to requests from the Mayor and Commissioners:
~ The Wickman Nautical Collection at the Beach Branch library contains 2,493 items. This represents
approximately 10% of the entire Beach Branch library collection.
~ The Clearwater Twig Library was operated from 1978 to 1985 out of Clearwater Fire Station #5 (now
#49) at 530 Sky Harbor Dr. next to Clearwater Mall. Two FTEs were assigned to the 800 sq ft library.
The library was open 41 hours per week.
~ The recently distributed report on Beach Branch Library use for 2002 included the total number of
unique patrons using the library, e.g., a person using the library multiple times during the year would
count as one. The following gives that number for each of our libraries:
Beach 2,597
Countryside 19,646
East 16,102
Main 10,046
North Greenwood 1,880
S Internet usage (number of sessions) by library location during calendar year 2002:
Beach 7,130
Countryside 20,127
East 22,277
Main 22,794
North Greenwood 3,912
.; North Greenwood Branch Library circulation for 2003:
January (opened 1/18) 2311
February 4493
March 5241
April 5147
May 5006
June 5498
~ North Greenwood Branch Library is used in the morning for preschool story times, co-sponsored Red
Cross babysitting classes, visits from neighborhood daycare centers including Community Pride and
Sanderlin, visits and meeting room use from the Make-A-Difference Center, tours and instructions in
library skills and research methods for Kennedy Middle, Curtis Elementary and the Discovery School,
adults borrowing and returning materials, and computer lab users. School visits are typically
scheduled earlier in the morning since late morning visits would interfere with lunch schedules.
~ Wages and benefits for 4 FTE Custodial Workers assigned to the new Main Library in the FY 03/04
Proposed Budget total $108,811. One Custodial Worker at Main Library provides courier service to
our branches and all Custodial Workers at Main library handle meeting room set-up/take-down. All
of them, of course, perform typical custodial duties.
The attachments to this message compare current and proposed staffing levels for the new Main Library
as well as comparisons to other area libraries.
l~\j\ '^ ( h ,)\ f,,-.:t s It ~'m W J.f ~
Cleanvater Main Library
Service Desk/Staffing Comparisons
The chart below compares Clearwater Main Library's service desks and proposed
staffing with other area libraries.
Library Sq Ft Floors Service Desks Staff
Clcanvatcr Main* 90,000 4 6 40.25
Largo * 90,300 1.5 6 48.90
Sarasota Selby 73,000 2 8 45.50
Lakeland 49,8 18 2 6 25.00
St. Petersburg Main 44,712 1.5 5 34.80
*Libraries planned or under construction
'I .. ..!- 1T I 1 .1
r\t\Rch 1\1 ( ,...1.:> -,-WI" I L'
Cleanvater Main Library
Staffing Comparison
The starting comparison below reflects all staff associated with Main Library operations.
Proposed Proposed
Current Additional Total
Circulation Services
Librarian 2 0 2
Library Assistant 7 ., 10
-'
Library Page 2.5 .5 .,
-'
Custodial Services
Custodial Worker 3 1 4
Public Scn'ices
Librarian I 0 I
Public Info. Spec. 0 1 1
Reference Sen'ices
Librarian 8 0 8
Library Assistant 0 1 I
Library Page I 0 1
Security
Police Aide 2 0 2
Youth Sen'ices
Librarian .., 1 3
-'
Library Assistant 0 2 3
Library Page .75 .5 1.25
TOTAL 30.25 10 40.25
,,' ..<~ ,'" ";'~'~ "',,~". ~..;...':~/ '""t;~;~:.~ 1.~:;'iJ;.;':'~ruf.~(4.j'" {' .f';', ~ ~
, I',
r ".~' ~. ~~f~i~~C';~ ~i!;~t,:Iof-::f!i
City of Clearwatcr
City Commission
Agenda Coycr Memorandum
Final Agenda Item ;:
t-/1
H: R'
Meeting Date:
7/14/03
SU BJ ECT/RECOMMEN DATION:
Pass Ordinance 7123-03 on first reading to adopt the restatement of the City of Clearwater Money Purchase Plan
document.
D and that the appropriate officials be authorized to execute same.
SUMMARY:
The City 401A Money Repurchase Plan must be edited to reflect (a) changes required to comply with the changes in tax
laws and (b) changes to the Employer contribution provisions that have been adopted. The Plan must be restated to
comply with recent tax laws collectively known as GUST (the first letter of 4 new tax laws affecting qualified retirement
plans that include: General Agreement of Tariffs and Trade, Uniform Services Employment and Reemployment Rights Act,
Small Business Job Protection Act, Taxpayer Relief Act). The following is a list of changes in the tax laws with which
government plans must comply:
1. IRC Section 414 (Definitions and SpeCial Rules) was amended to include severance pay as part of Employer paid
compensation;
2. IRC Section 401 (a)(9), which governs required distributions, has changed and applies if a trust is named as a
beneficiary of an employee's benefit under a retirement plan;
3. Provisions of USERRA (Uniform Services Employment and Reemployment and Rights Act) dealing with reemployed
veterans must be incorporated into the Plan to allow the suspension of loan repayments during a participant's military
leave;
4. The amendments to IRC Section 415 must be applied to increase defined contribution plan limitations from $30,000 to
S40,000 for the Plan Year. This limitation is subject to independent cost-of-living adjustments as announced by the
Internal Revenue Service.
Other tax law amendments in 2001 known as "EGTRRA" (Economic Growth and Tax Relief Reconciliation Act of 1996)
made numerous beneficial changes to retirement plan provisions and require a good faith attempt to make the plan
comply with its provisions before the plan year ending September 30, 2002, for government plans. Therefore, these
EGTRRA changes must be incorporated into the GUST restatement document. Following is a list of changes made by
EGTRRA which apply to government plans:
1. Compensation limits have been increased to S200,OOO to years after July 1, 2002;
2. If the Plan accepts rollovers, it must allow for direct rollovers;
3. The acceptance of rollover contributions has been made more flexible. and rollovers are permitted between 457(b),
403(b) and 401(a) plans;
4. Provides for the disregard of rollovers to determine involuntary distributions. This will disallow plan sponsors to make
involuntary distributions payable directly to the participant for accounts greater than $1,000. Plan sponsors will have to
select a designated IRA and transfer the terminated participant's account balance into the designated IRA.
NA
NA
Originating Dept:
Human Resourcos /
User Dept.
Costs
Reviowed bY:#n~()
Legal ~ Info Tech
Budget NA Public
Works
Total
Funding Source:
Purchasing
NA
DCM/
ACM
Other
~fz)
CflP!lalln"()fo..t-,,-..mt
Current Fiscal Yoar
Risk Mgmt
NA
NA
Attachments
Ordinance 7123-03
Or<,rilllng
(<"tlf't
Appropriation Code:
Submitted by: -a:> , It!. JA.o. ~ Il,
elt Mana er f:)(JIJI ~.
Printed on recycled paper
2/98
o None
Rev.
ORDINANCE NUMBER 7123-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, RELATING TO THE CITY OF
CLEARWATER MONEY PURCHASE PENSION PLAN;
ADOPTING THE RESTATEMENT OF THE MONEY
PURCHASE PENSION PLAN DOCUMENT AS
APPROVED BY THE IRS AND SUBSEQUENT
AMENDMENT TO SECTION 5.1 - EMPLOYER
CONTRIBUTIONS; AND PROVIDING FOR
EFFECTIVE DATES.
WHEREAS, the City has established the City of Clearwater Money
Purchase Pension Plan (the "Plan"), as subsequently amended; and,
WHEREAS, the City is granted authority to amend the Plan; and
WHEREAS, the Internal Revenue Service has required all retirement plans
to be updated for changes in the tax laws; and
WHEREAS, the Plan has been updated in proposed form to comply with
changes in the tax laws; and,
WHEREAS, the Internal Revenue Service has approved these changes and
determined that a restated version of the Plan is in compliance with current tax
laws; and
WHEREAS, the City has determined that it is in the best interest of
participants to adopt a restatement of the Plan that includes the required updated
changes to the Plan; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF CLEARWATER, FLORIDA:
Section 1. The First Restatement of the City of Clearwater Money Purchase
Pension Plan is hereby adopted to read as indicated in the attached Exhibit A and
made a part hereof.
Section 2. The provisions of this Ordinance shall take effect retroactively as
provided in the attached Exhibit A.
PASSED ON FIRST READING
Ordinance No. 7123-03
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
it{/7!~$gk!
Leslie K. Douga11Stpes
Assistant City AttOrney
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7123-03
Exhibit A
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
FIRST RESTATEMENT
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
Page
ARTI C LE I Defi n iti 0 n s .., .. . . ... . . . . . .. . . . .. . . .. . . .. . . ... . ... . . . . . . . . .... .... . .., . .. . . .. . . ... .. .. . .. . . .... .... . .., . . .. . . . 2
1.1 Account or Accounts.......................................................... ......................... ........... 2
1 .2 Ad m i n is trato r. . . .. . . .. . .. . . .. .. . . . . .. .. . .. . .. .. .. . . . . .. . .. . . .. . . . . . .. .. .. .. . .. . . .. . . . . . .. .. . .. . . .. . . .. .. . .. . . .., . . .. . . . 2
1 .3 Ann ive rsa ry Date. .................................................................................................. 2
1 .4 Ann ua I Add itions: ....... .. . . . ... . .. . . .. . .... .... . .. . . .., . . . . . . . . .. .. .... . ... . .... .. . . ... .. .. . .... ... . . .. .. .., . ... . . . 2
1 .5 Cod e. ..................................................................................................................... 2
1 .6 Compen sation ... . . .. . . .. . .. . . . . . . . . . . . .. . '" . .... . ... . .... . . . . . . . .. .. .... . .. . . .. . . .... . .. . ... . .... ... . . .. .. .., .... . .. 2
1.7 Directed I nvestme nt Fun d. . ... . .... . .., .... .... . .... .. .. .., .. .. .... . .... .. .. ..... .. .... . .. .. .... ..... .... ... . .. 3
1 .8 E ffe ct ive 0 a te ........................................ ............................................................... 3
1. 9 Employee............................................................................................................... 3
1 . 1 0 Em p I oye r. . . . . . . .. . . .. . . .. . .. . . . . . . . .. . . .. . .... .. .. . .. . . .. .. ". .. . . . .. .. .. .. . .. . . .. .. .. . . . .. .. .. . . .. . . .. . . .. . . ... . ... . . . 3
1.11 Employer Contribution Account. ..........................................................................3
1. 12 Hif3R~y-Gemf3eflS8tea-~eyce:.......................................................................... 3
1.12 rThis section intentionallv left blankl .................................................................... 3
1.13 Limitation year..... .............................................. ............................... .... ............. 4~
1.14 Normal Retirement Date.................................................................................... 4~
1 . 1 5 Pa rti ci pan t. .. . . .. . . .. . . .. . .. .. . .. . . .. . . .. . .... .. .. .. .. . .. .. .. . .. .. . .. . .. .. . .. . . .. . . . .. .. .. . .. . . .. . . . .. . . .. . . .., . . .. . 4~
1 . 1 6 Pia n . .. . . . .. . . . . . . ... . . .. . . .. . . .. . . . . '.' .. . . .. . .. .. ... . . .. . . .. .. . . . . .. . .... .... . .. . . .. . .. .. .. .. . . .. . .. . . . .. . . .. . . ... .... . 4~
1 .17 Plan Ad m i n istrator.... .. .. . .. . . . .. . .. . .... .. .. ... . . .... . . .. .. . . ... .... . ... . ... . . .. .. .. . .. . . .. . . .... .... . ... . ... . 4~
1 . 1 8 Pia n Yea r. ............................................................................................................ 4
1.1 9 Pooled Investment Fund. ........ ..... ..................................... .................... ...............4
1.20 Rollover Contribution Account. ............................................................................ 4
1.21 Section 415 Compensation.................................................................................. 4
1.22 Segregated I nvestment Fund............................... ................................................ 4
1.23 Trust................................................................................................................... 01-
1. 24 Trust Ag reement . . .. .. .. ... . .. .., . ... . '" . .... .. ... .... .. . . . . . ... . ..... ... . ... ... . .. .. . .... .. . . . ... .... . ... . '" . 01-
1.25 T ru s tee. .. . . . .. . .. . . ... . .. . . .. .. .. . . . . . . . .. . .. .. .. . . . .. . . .. . . .. .. . . .. .. . . .. . . .. . . . . . . .. . . . .. . . .. . .. . . . .. . . .. . . .., . ... . 01-
1 .26 T ru s t Fun d. .......................................................................................................... 5
1 .27 Va lu atio n Date :............... - . .. . ... . . .. . .. . . .. .. . ... . . . . . . . . . .. . .... . .. . . .. . ... . .. .. . ... . .. . . .... .... . ... .... . .. 5
1.28 Valuation Period ...... .... .... .... .... .... .... ......... .... ... .... ..... .... .................... .......... ..........5
ARTICLE II Establishment and Name of the Plan .....................................................6
2.1 Nanle of Plan. ........................................................................................................6
2 . 2 Ex c Ius i v e Ben e fi t.. . .. . . .. .. .. . .. . . .. .. . .. . . . . . . . . .. .. . .. .. . . .. . . .. . .. .. . .. .. . . . . .. . .. .. . . .. .. . . .. .. . . .. . .. . . .. . . . . . . 6
2.3 M ista ke of Fact.. .................................................................................................... 6
2.4 Participants' Rights. .......................... ...................... ................ ...............................6
2. 5 Qua Iified P I an. ....................................................................................................... 6
ARTICLE III Plan Administrator. ......... ................. ....................... ....... .......... ................7
3.1 Administration of the Plan. ..................................................................................... 7
3.2 Powe rs and Duties................................................................................................. 7
3.3 Direction of Trustee. ..............................................................................................7
3.4 Conflict in Terms.. .............................. ........... .......... ..................... ..........................8
3.5 Fin a I A uth 0 rity.. ................................................. . .. .. .. .. .. .. .. . . . .. .. ... .. . .. .. .. .. . . .. . .. .. . .. . . . . . 8
3.6 Appointment of Advisors and Delegation of Duties................................................ 8
ARTICLE IV Eligibility and Participation ..................................................................... 9
4.1 Eligibility and Participation.. ......................................................................... .......... 9
4.2 Former E 111 pi oyees. . . . .. . .. . . .. . . . '" ... .. . .... ....... .... ... . . ... . ........ . .. .. ....... .. ... ... .... .... ......... . . . 9
4.3 Change of Eligibility Status. . .................................................................................. 9
ARTICLE V Contributions to tho Trust......................................................................10
5.1 Employer Contributions........ .................................................................. ..............10
5.2 Form and Timing of Contributions........................................................................ 1 0
5.3 Rollover Contributions.......................................................................................... 10
5.4 No Duty to Inquire. ..............................................................................................10
ARTICLE VI Participants' Accounts and Allocation of Contributions.................... 11
6.1 Common Fund.. ................................................................................................... 11
6.2 Establishment of Accounts. ...................................................................~.............11
6.3 Interests of Participants. ......................................................................................11
6.4 Adjustments to Accounts.: ................................................................................... 11
6.5 Limitation on Allocation of Contributions.............................................................. 12
II
ARTICLE VII Benefits Under the Plan .......................................................................15
7.1 Retirement Benefit. .. ............... ............. .............. ......... ... ........ ......... ............ .........15
7 .2 Termination of Employment Benefit.......................... ........................................... 15
7.3 Death Be nefit . .. . ... . . .. . . .. . . . .. .. .. . . .. . .. .. . .. . . . . . . . . . . . . . . . . . .. .. . .. .. .. . . . . . . . . . ... . . ... . . . . . . .. . . . . . . . . . . . ... 15
ARTICLE VIII Form and Payment of Benefits ...........................................................17
8.1 Timing and Form.................................................................................................. 17
8.2 Manner of Payment. ............................................................................................ 17
8.3 Lump Sum Payment. ...........................................................................................17
8.4 Period ic Ad j u stments. .......................................................................................... 17
8.5 Location of Participant or Beneficiary Unknown. .................................................19
8.6 Transfer to Other Qualified Plans. .......................................................................19
8.7 Direct Rollovers.................................................................................................... 19
8.8 Withdrawals from Rollover Contribution Accounts............................................... 20
8.9 Withdrawals from Employer Contribution Accounts. ............................................ 20
ARTICLE IX Trust Fund and Expenses of Administration ...................................... 21
9.1 Name of Trustee. .................................................................................................21
9.2 Expenses of Administration. ................................................................................ 21
ARTICLE X Amendment and Term i nation................................................................ 22
10.1 Restrictions on Amendment and Termination of Plan........................................ 22
10.2 Amendment of Plan. .......................................................................................... 22
1 O. 3 Term ination of Pia n. . . .. . '" . .. .. .. .. . .. .. .. ... . ... . . . .. ... . .. ... . ..... ... . . . . . . .. ... . ... .. .... . .. . . ... .. .. . . .. 22
10.4 Term in ation P raced u re.. .................................................................................... 22
10.5 Initial Qualification of Plan.. ............................................................................... 22
ARTICLE XI Participant Direction of Account Investment ...................................... 24
11.1 Participant Directed Investments.. ..................................................................... 24
11.2 Election P raced u res. . .. .. ... . . .. . . . . . .. .. . . . .. . . .. . . . .. . ... .. .. ....... ... . . .. . . . . ... . . .... . ... . .... .... . .. . .. . 24
11.3 Failure to Designate. ..........................................................................................24
11.4 Charges and Credits.. .. ........ ....................... .......... ...................................... ....... 24
III
11 .5 P roced u re s. . ... . . .. . .. . . '" . . .. . . .. . .. .. . .. . . .. . .. .. . .. . . . ... . .. . . . .. . .. . . . .. . . .. . . ... . .. . . .. .. .. . . .. .. .. . . ... . .. . . 25
ARTICLE XII Miscellaneous.......................................................... .... .................... ..... 26
12.1 Alienation.................................... ............. ................ ................. ................ .........26
12.2 Governing Law............................ ............. ........ ................. .... .... ............. ....... ..... 26
12.3 Gender............ ......................................... ............................. .... ......... ....-............. 26
12.4 Forfeiture of Benefits for Specified Offenses. ....................................................26
12.5 Claims Procedures.. ............................................................................................ 26
ARTICLE XIII Loans to Participants............ ... .................. ............... ... ... ... ... '" .27
1 3. 1 A vail a b i I i ty of Loa n s .. . . .. .. .. . .. . .. . .. .. .. . .. . . .. .. .. . .. . .. .. .. . .. . . .. . .. .. .. . .. .. .. . .. . .. . '" 2 7
13.2 Time and Manner of Repayment............... ... ......................................... 29
13.3 Defa ult... . .. . . . . . . .. . ., . .. . . .. ... . . . . .. .. . ., . ., . .., ... . .. . .. . . . .. . .. . ... ... ... '" .. . ... ... ... '" ... 29
13 .4E ffective Date............ ... . .. . .. . .. . .. .. . .. . .. . .. . . .. . .. . . . .. . .. . .. . . .. . .. . .. .. . .. . .. . .. . .. . ... 29
IV
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
THE CITY OF CLEARWATER, FLORIDA (the "Employer") hereby
establishes restates this money purchase pension plan, a tax-qualified defined
contribution plan this day of , -1-99-7,2003. to provide supplementary
retirement and other benefits for certain eligible employees.
W ! I N E SSE I H:
WHEREAS, the Employer desires to provide for the retirement of certain
Employees employed by the Employer by establishing a money purchase pension plan
for those Employees who now or may hereafter qualify for participation therein; and
WHEREAS, the Employer is authorized to adopt the Plan.
NOW, THEREFORE, in consideration of the premises, it is agreed as follows:
ARTICLE I
Definitions
1.1 "Account" or "Accounts" shall mean a Participant's Employer Contribution
Account, Rollover Account and/or such other accounts as may be established by the
Plan Administrator.
1.2 "Administrator" shall mean the Plan Administrator.
1.3 "Anniversary Date" shall mean December 31 of each Plan Year.
1.4 "Annual Additions" shall mean, for any Limitation Year, the sum of:
(a) the amount of Employer contributions allocated to the Participant during any
Limitation Year under any qualified defined contribution plan maintained by the
Employer;
(b) the amount of the Employee's contributions (other than rollover contributions, if
any) to any qualified defined contribution plan maintained by the Employer;
(c) any forfeitures allocated to the Participant under any qualified defined
contribution plan maintained by the Employer; or
(d) amounts allocated to an individual medical account, as defined in Section
415(1)(2) of the Code that is part of a pension or annuity plan maintained by the
Employer, and amounts derived from contributions that are attributable to post-
retirement medical benefits allocated to the separate account of a key employee (as
defined in Section 419A(d)(3) of the Code) under a welfare benefit plan (as defined in
Section 419(e) of the Code) maintained by the Employer; provided, however, the
percentage limitation set forth in Section 415 (c)(1 )(8) of the Code shall not apply to:
(A) any contribution for medical benefits (within the meaning of Section 419A(f)(2) of
the Code) after separation from service which is otherwise treated as an "Annual
Addition," or (2) any amount otherwise treated as an "Annual Addition" under Section
415(1)(1) of the Code.
1.5 "Code" shall mean the Internal Revenue Code of 1986, as amended, or any
successor statute. Reference to a specific section of the Code shall include a reference
to any successor provision.
1.6 "Compensation." shall-mean
(a }---For--Employees--employed-in-a-position-other-than-Gity-Manager" Compen sation"
shall mean the regular salaries and wages, bonuses, overtime pay. holiday time,
accrued vacation-and... sick pay... and severance pay paid by the Employer during the
Plan Year reportable as W-2 wages for Federal income tax withholding purposes,
Employee contributions designated as Employeremplover contributions under Section
.,
414(h) of the Code, and elective contributions made during the Plan Year on behalf of a
Participant to a plan described in Section 125 or 457 of the Code, but shall not include
any other type of cash or non-cash remuneration, including, but not limited to disability
payments, amounts paid by the Employer to a plan described in Section 125 or 457 of
the Code, credits or benefits under this Plan. any amount contributed to any pension,
employee welfare. life insurance or health insurance plan or arrangement, or any other
fringe benefits, welfare benefits. severance-pay-or deferred compensation.
(b-}-F-or-an-employee-emploYeB-in-the-positioR--of-Gity-Manager..
~Gompensation~shall-rnean-annual-base-salaFy.,as-defiAed-in-the-empteYfnent
agfeement-between-the-GHy-and--the-Gity-ManageF:-
(cg,) No Compensation in excess of the limit under Section 401 (a)(17) of the Code
(adjusted under such regulations as may be issued by the Secretary of the Treasury)
shall be taken into account for any Employee. If a Plan Year consists of fewer than 12
months. the Compensation limit will be multiplied by a fraction, the numerator of which
is the number of months in the Plan Year. and the denominator of which is 12.
1.7 "Directed Investment Fund" shall mean an investment fund established
pursuant to Article XI for purposes of investing Participants' Accounts.
1.8 "Effective Date" of this Plan shall mean Jt;tRe-2~,1-997,January 1 , 2002, except
as may otherwise be noted herein.
1.9 "Employee" shall mean any person actively employed by the Employer in the
position of City Manager, City Attorney, Assistant City Attorney and all management
contract employees. who are not participants in the City of Clearwater Employees'
Pension Fund. a defined benefit pension plan, excluding temporary employees.
1.10 "Employer" shall mean the City of Clearwater, Florida.
1.11 "Employer Contribution Account" and "Employee Contribution Account"
shall mean an account established pursuant to Section 6.2 with respect to Employer
contributions and Employee contributions made pursuant to Article V.
1.12 ~ighlv-Gompensated-Emplovee~shan-ffiean--any-~ployee-whoJThis section
intentionallv left blank.l
(-a1-t+}--dufing-the-preGedi~-P.lan-Y-€ar-had-SeGtion-4-:1-5-Gompensation-tn-exGess
of-.$8Q,QOO-fadjtJsted-URder-sUG~guJations--as-may-be-issued-by-the-SeeFetaFy-of-the
:r:reasuPf}-aRd-at-tAe-eleetion-ef-tAe-~mployer,was-a-member-of-the~top-paid-9reup;
pF0-Videe,tAat--as-used-herein~op-paid-9fOup~shal~mean-all-€mployees-who--are-in-the
top-2~f-the-~mployer~-wofk-forGe-oR-the-basis-of-SeGtk)fl-4-15-Gornpensation-paid
dUfin~-the-year-;-provided,fHf:thef;-t Aat--foF--pllf~Ses-of-Betermi ning-t he---nurnber-of
6m ployees-in- t he-top-paid-gfotJp,Employees-descFibed--in---Seot ion--414( q)( 8 }-of-t he
I nternal-Reven ue-Gode-sha II-be-exDllldecE-OF
(-2)---a - five-perce nt- (59!o) - owner-of-the -E mployer-at - any - time during
the-yea r-or-the-prec--?d ing -yearo
~
.'
(b-)-~er-pllrpose5-of-this-paragraph,-the-deteFmiFlat1on-ef-Seetion-4-1-a
Gompensation-sha II-be-ba sed-en ly-en-SeGt ien-4-1-5--Gempensa tien--that--is-aet uaHy
paid-afld-sha U-be--made--by-inellld i ng-eleGt ive-or-salary-r-eduGttof1-{;-entrib8tiens-te
a-plan-desGfibed-in-SeGtien-12 .a--of-t he-Code,a-pla n- desGribed-in-Seetion--4O-1-(k-)
of-the-Gode--or-a-plan-desefibed- in-Seet ien--403( b}-of-the--Gode:-
'1.13 "Limitation Year" shall mean the Plan Year.
1.14 "Normal Retirement Date" shall mean the date on which a Participant has
reached the age of 55.
1.15 "Participant" shall mean any eligible Employee of the Employer who has
become a Participant under the Plan. Participant shall include any former employee of
the Employer who became a Participant under the Plan and who still has a balance in
an Account under the Plan.
1.16 "Plan" shall mean the City of Clearwater Money Purchase Pension Plan, a tax-
qualified defined contribution plan, as herein set forth, as it may be amended from time
to time.
1.17 "Plan Administrator" shall mean the Employer or the person or persons
appointed by the Employer pursuant to Article III hereof.
1.18 "Plan Year" shall mean the period beginning June 23, 1997 and ending
December 31, 1997; thereafter, the 12-month period beginning on January 1 and
ending on the following December 31 of each year.
1.19 "Pooled Investment Fund" shall mean a Directed Investment Fund established
under Article XI, the combined assets of which shall consist of the common investments
of all Participants selecting the Directed Investment Fund.
1.20 "Rollover Contribution Account" shall mean an account established pursuant
to Section 6.2 with respect to rollover contributions made pursuant to Article V.
1.21 "Section 415 Compensation" shall mean all compensation as described in
Section 1.415-2(d)(2) and Section 1.415-2(d)(3) of the Income Tax Regulations.
1.22 "SegreQated Investment Fund" shall mean a Directed Investment Fund
established under Article XI, in which the assets of each Participant selecting the
Directed Investment Fund shall be separately invested, and for which the earnings
attributable to such assets shall be separately accounted.
1.23 "Trust" shall mean the trust established by the Trust Agreement.
1.24 "Trust Agreement" shall mean the agreement providing for the Trust Fund, as it
may be amended from time to time.
1.25 "Trustee" shall mean the individual, individuals or corporation designated as
trustee under the Trust Agreement.
4
1.26 "Trust Fund" shall mean the trust fund established under the Trust Agreement
from which the benefits provided for by the Plan are to be paid or funded.
1.27 "Valuation Date" shall mean December 31 of each year and each day securities
are traded on a national stock exchange, except regularly scheduled holidays of the
Employer or the Trustee, or such other date as may be selected by the Plan
Administrator.
1.28 "Valuation Period" shall mean the period beginning with the first day after a
Valuation Date and ending with the next Valuation Date; provided, however, that the
first Valuation Period shall begin on the Effective Date of the Plan.
5
ARTICLE II
Establishment and Name of the Plan
2.1 Name of Plan. A tax-qualified defined contribution plan is hereby established in
accordance with the terms hereof and shall be known as the "CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN."
2.2 Exclusive Benefit. This Plan is created for the sole purpose of providing
benefits to the Participants. Except as otherwise permitted by law, in no event shall any
part of the principal or income of the Trust be paid to or reinvested in the Employer or
be used for or diveried to any purpose whatsoever other than for the exclusive benefit
of the Participants and their beneficiaries.
2.3 Mistake of Fact. Notwithstanding the foregoing provisions of Section 2.2, any
contribution made by the Employer to this Plan by a mistake of fact may be returned to
the Employer within one year after the payment of the contribution.
2.4 Participants' Ri~hts. The establishment of this Plan shall not be considered as
giving any Employee, or any other person, any legal or equitable right against the
Employer, the Trustee or the principal or the income of the Trust, except to the extent
otherwise provided by law. The establishment of this Plan shall not be considered as
giving any Employee, or any other person, the right to be retained in the employ of the
Employer.
2.5 Qualified Plan. This Plan and the Trust are intended to qualify under the Code
as a tax-qualified employees' plan and trust, and the provisions of this Plan and the
Trust are to be interpreted accordingly.
(i
ARTICLE III
Plan Administrator
3.1 Administration of the Plan.
(a) The Plan Administrator shall control and manage the operation and
administration of the Plan, except with respect to investments. The Plan Administrator
shall have no duty with respect to the investments to be made of the funds in the Trust
except as may be expressly assigned to it by the terms of the Trust Agreement and
except to the extent that the Administrator determines the investment funds which will
be made available under the Plan in accordance with Article XI hereof.
(b) (1) The Employer may appoint a committee to assist in the administration of
the Plan, which shall serve at the pleasure of the Employer. All usual and reasonable
expenses of the committee may be paid in whole or part by the Employer, and any
expenses not paid by the Employer shall be paid from the Trust Fund. Any members of
the committee who are employees of the City shall not receive compensation with
respect to their services for the committee.
(2) The committee must act at a publicly noticed meeting. The committee may elect
one of its members as chairman, appoint a secretary, who mayor may not be a
committee member. and advise the Trustee of its actions in writing. The secretary shall
keep a record of all meetings and forward necessary communications to the Employer
or the Trustee. The committee may adopt such by-laws and regulations as it deems
desirable for the conduct of its affairs. All decisions of the committee shall be made by
a vote of the majority, including actions taken in writing without a meeting.
(3) The committee and the individual members thereof shall be indemnified by the
Employer (and not from the Trust Fund) against any and all liabilities arising by reason
of any act or failure to act made in good faith pursuant to the provisions of the Plan,
including expenses reasonably incurred in the defense of any claim relating thereto.
3.2 Powers and Duties.
(a) The Plan Administrator shall have complete control over the administration of the
Plan herein embodied. with all powers necessary to enable it to carry out its duties in
that respect. Not in limitation, but in amplification of the foregoing, the Plan
Administrator shall have the power and discretion to interpret or construe this Plan and
to determine all questions that may arise as to the status and rights of the Participants
and others hereunder.
(b) The Plan Administrator may promulgate such policies and make such rules and
regulations for the proper administration of the Plan as it deems necessary.
3.3 Direction of Trustee. It shall be the duty of the Plan Administrator to direct the
Trustee with regard to the distribution of benefits to the Participants and others
hereunder.
7
3.4 Conflict in Terms. The Administrator shall notify each Employee, in writing, as
to the existence of the Plan and Trust and the basic provisions thereof. In the event of
any conflict between the terms of this Plan and the Trust Agreement and as set forth in
any explanatory booklet, this Plan and the Trust Agreement shr.tll control.
3.5 Final Authoritv. Except to the extent otherwise required by law, the decision of
the Plan Administrator in matters within its jurisdiction shall be final, binding and
conclusive upon each Employee and beneficiary and every other interested or
concerned person or party.
3.6 Appointment of Advisors and Deleqation of Duties.
(a) The Plan Administrator may appoint such accountants, counsel, specialists and
other persons that it deems necessary and desirable in connection with the
administration of this Plan.
(b) The Plan Administrator may designate one or more of its employees to perform
the duties required of the Plan Administrator hereunder.
8
ARTICLE IV
Eligibility and Participation
4.1 EIi~ibility and Participation. Any Employee employed by the Employer
in the position of City Manager or City Attorney shall become a Participant in the Plan
on the Effective Date. Each other eligible Employee employed by the Employer before
October 1, 1997 shall become a Participant in the Plan on October 1, 1997. For an
eligible Employee whose date of employment is after October 1, 1997, such eligible
Employee shall enter the Plan as a Participant on his date of employment.
4.2 Former Emplovees. An Employee who ceases to be a Participant,
terminates employment and is reemployed by the Employer shall be eligible again to
become a Participant on the date of his reemployment.
4.3 Chan~e of Eligibility Status. In the event a change of job classification
results in a Participant no longer qualifying as an eligible Employee, such Employee
shall cease to be an active Participant as of the effective date of such change of job
classification but the Employee shall not be deemed to have terminated employment
with the Employer for purposes of this Plan.
4.4 Militarv Service. Notwithstandinq any provision of this plan to the
contrary. contributions, benefits and service credit with respect to qualified militarv
service will be provided in accordance with Section 414(u) of the Code.
9
ARTICLE V
Contributions to the Trust
5.1 Emplover Contributions.
(a) Employer Contributions. For each Plan Year, tile Employer shall contribute to
the Trust on behalf of each Participant employed by the Employer an amount equal to:
15% of Compensation on behalf of the City Manager and the City Attorney; 14% of
Compensation on behalf of the Chief of Police; and 8% of Compensation on behalf of
Management Contract Employees (excluding the Chief of Police) and Assistant City
Attorneys. The Employer will make bi-weekly contributions to the Trust throughout the
Plan Year to meet its funding obligations under the Plan.
(b) Employee Mandatory Contributions. For each Plan Year, the City Manager and
the City Attorney shall contribute an amount equal to 2% of compensation and the Chief
of Police shall contribute an amount equal to 6% of compensation bi-weekly to the
Trust. The mandatory contributions made by employees under the Plan shall be
designated as employer contributions pursuant to Section 414(h) of the Code. Such
designation is contingent upon the contributions being excluded from the employees'
gross income for federal income tax purposes. For all other purposes of the Plan, such
contributions shall be considered employee contributions. Employee mandatory
contributions to the Plan shall be fully vested at all times.
(c) Effective Date. This amended version of Section 5.1 is effective for all purposes
as of October 1, 2002.
(d) Participants shall be immediately 100% vested in all contributions made
pursuant to this Section 5.1.
5.2 Form and Timin~ of Contributions. Payments on account of the contributions
due from the Employer for any Plan Year shall be made in cash. Such payments may
be made by the Employer at any time.
5.3 Rollover Contributions. With the consent of the Plan Administrator and in such
manner as prescribed by the Plan Administrator, the Trustee may accept a rollover
contribution (as defined in the applicable sections of the Code, except that for this
purpose "rollover contribution" shall be deemed to include both a direct payment from
an Employee and a direct transfer from a trustee of another qualified plan in which an
Employee is or was a participant). Rollover amounts shall be allocated to the
Employee's Rollover Contribution Account and invested in accordance with the
provisions of Article XI. The Trustee shall not accept a rollover contribution that is
subject to the requirements of Sections 401 (a)(11) and 417 of the Code.
5.4 No Dutv to Inquire. The Trustee shall have no right or duty to inquire into the
amount of any contribution made by the Employer or the method used in determining
the amount of any such contribution, or to collect the same, but the Trustee shall be
accountable only for funds actually received by it.
10
ARTIC LE VI
Participants' Accounts and Allocation of Contributions
6.1 Common Fund. The assets of the Trust shall constitute a common fund In
which each Participant shall have an undivided interest.
6.2 Establishment of Accounts. The Plan Administrator shall establish and
maintain with respect to each Participant an-account,-designated-as-the-E-mployeF
GeAtfieuHen-AeGount,that-shallsuch accounts as necessary to reflect the Participant's
interest in the Trust Fund with respect to contributions made by the Employer, the
Emplovee and a Rollover Contribution Account to reflect the participant's interest in the
Trust Fund with respect to Rollover Contributions. The Plan Administrator may
establish such additional accounts as are necessary to reflect a Participant's interest in
the Trust Fund.
6.3 Interests of Participants. The interest of a Participant in the Trust Fund shall
be the balance remaining from time to time in his Account after making the adjustments
required in Section 6.4.
6.4 Adjustments to Accounts. Subject to the provisions of Section 6.5, a
Participant's Account shall be adjusted from time to time as follows:
(a) As of each Valuation Date, each of a Participant's Accounts shall be credited or
charged, as the case may be, with a share of the earnings of the Trust Fund for the
Valuation Period ending with such current Valuation Date as follows:
(1) As of each Valuation Date, any portion of the Participant's Accounts that is
invested in a Pooled Investment Fund established under Article XI shall be credited or
charged, as the case may be, with a share of the earnings of such Pooled Investment
Fund for the Valuation Period ending with such current Valuation Date. Each
Participant's share of the earnings of a Pooled Investment Fund for any Valuation
Period shall be determined by the Plan Administrator on a weighted average basis, so
that each Participant with a balance in such Pooled Investment Fund shall receive a
pro-rata share of the earnings of such Pooled Investment Fund, taking into account the
period of time that each dollar invested in such Pooled Investment Fund has been so
invested.
(2) As of each Valuation Date, the portion of the Participant's Accounts that is
invested in each Segregated Investment Fund established under Article XI shall be
credited or charged, as the case may be, with the earnings attributable to the
Participant's investment in such Segregated Investment Fund for the Valuation Period
ending with such current Valuation Date.
(b) Each Participant's Accounts shall be credited with contributions made during the
Plan Year, as follows:
II
(1) As of each Valuation Date that is the last day of the Plan Year, or at such other
times as determined by the Employer. the Employer Contribution Account of a
Participant shall be credited with his share of the contribution made by the Employer
with respect to the Plan Year ending with such Valuation Date. A Participant's share of
the amount of the contribution for the Plan Year shall be determined pursuant to the
provisions of Article V.
(2) As of each Valuation Date, the Rollover Contribution Account of a Participant
shall be credited with the Rollover Contributions. if any. made by the Participant
pursuant Article V.
(c) As of each Valuation Date, each Account of a Participant shall be charged with
the amount of any distribution made to the Participant or his beneficiary from such
Account during the Valuation Period ending with such Valuation Date.
(d) For purposes of all computations required by this Article VI, the cash method of
accounting shall be used, and the Trust Fund and the assets thereof shall be valued at
their fair market value as of each Valuation Date.
(e) The Plan Administrator may adopt such additional accounting procedures as are
necessary to accurately reflect each Participant's interest in the Trust Fund, which
procedures shall be effective upon approval by the Employer. All such procedures shall
be applied in a consistent, nondiscriminatory manner.
6.5 Limitation on Allocation of Contributions.
(a) NetwfthstaRffiflgEffective January 1. 2002, notwithstandinQ anything contained in
this Plan to the contrary, the aggregate Annual Additions to a Participant's Accounts
under this Plan and under any other defined contribution plans maintained by the
Employer for any Limitation Year shall not exceed the lesser of $30,00040.000 or
2-a100% of the Participant's Section 415 Compensation for such Plan Year. This
limitation is subiect to independent cost-of-livinq adiustments for post-1994 limitation
years as announced by the Internal Revenue Service.
(b) In the event that the Annual Additions, under the normal administration of tile
Plan, would otherwise exceed the limits set forth above for any Participant, or in the
event that any Participant participates in both a defined benefit plan and a defined
contribution plan maintained by the Employer and the aggregate annual additions to
and projected benefits under all of such plans, under the normal administration of such
plans, would otherwise exceed the limits provided by law, then the Administrator shall
take such actions, applied in a uniform and nondiscriminatory manner, as will keep the
annual additions and projected benefits for such Participant from exceeding the
applicable limits provided by law. Excess Annual Additions shall be disposed of as
provided in Section 6.5(c). Adjustments shall be made to other plans, if necessary to
comply with such limits, before any adjustments may be made to this Plan.
(c) If as a result of a reasonable error in estimating a Participant's Section 415
Compensation or other circumstances permitted under Section 415 of the Code, the
Annual Additions attributable to Employer contributions for a particular Participant would
12
cause the limitations set forth in this subsection (c) to be exceeded, the excess shall be
allocated and reallocated to other Participants in the Plan. However, if the allocation or
reallocation of the excess amounts causes the limitations of this subsection (c) to be
exceeded with respect to each Participant for the Limitation Year, then these amounts
must be held unallocated in a suspense account. If a suspense account is in existence
at any time during a particular Limitation Year, other than the Limitation Year described
in the preceding sentence, all amounts must be allocated and reallocated to the
Participants (subject to the limitations of this subsection (c)) before any contributions
that constitute Annual Additions may be made to the Plan for that Limitation Year. The
suspense account shall be credited or charged, as the case may be, with a share of the
income, losses, appreciation and depreciation attributable thereto as if it were an
Account of a Participant.
(d-)-l;ffeGHve-fer-P-Jan-Y-eafs-e69iAfling-pRer-te-Januar:y 1, 20Q0,iA-tAe
event-tffilt-any-P-artieipant-paFtiGipates-in-betA-a-defined benefi4Jan-anG-a
defined-Benml:H:ltien-;;>Jan-maintained by his--~mpleyeF-tAeFeef.;-tAeA-tAe-5um-ef
tAe-Qeftned-Benefit-PJan-FfaeUen-and--tAe-Qefined-GentRbutieR-P-Jan-F-FaGtieA-fef
any-hiffiHatien Y ear-sAaU-net-ffiffiee~
(1) The-Gefined 8enefit-P-laA-~FaGtien--fs ::l fr-aGtien, the
FH:lmefateF-ef-w~eMs-tf\e-pf0jeGted--anffilat-genefit-ef the PaFtiGiJ*lflHlndeF
the definw-benefit-pJafHietefffiiAe€i-as-et-tAe-eJese-ef-tfle-bimitation Yea r
and-tRe-aeneminateF-ef-whiGA-is-the-lesseF-ef-(-A1-tA~f0dtlGt-ef 1.25 times
tAe-detlar-Hmitatien-in-e-ffeel-undef-Sestien-4-1-5(b-)(..:t-)fA-)--ef the C Ode-feF
such U~e~f-er-(8) the pr-eduet-ef-'h4-times-the-amel:mt that may
be-taken-intG-a6GeunHlnder-SeGtieFl-4-1-a(e}t-1-H-Bj-e4Ae-Gede with res peGt
te-suGh-PaFtieipant-fer-sueA-bimitatien-Y-eaf;-
(2) T-he-Gefined-Gentfibutien-Ptan-F-r-aetien-ts--a-fFaetien,---tRe
IWmefatef-ef-whieA-fs-tAe-sum of the-Annual-A€iditieAs-te-the-PaFtieipaR~
A660unts ::lS of the-elese-ef-tAe-bimitation YeaF-tless-an-y--amoont that may
be subtr-aeteG-ffGm-the-numeFater-in-aGe0rdan6e-witA-any-apptiGabJe
statutes, netices of--Ft:ffings-}-and-tAe-deneminater-ef--wRiGMs--tAe-5Hm-ef
the lesSef-Gf-tAe-feHewin~meHAts-detefffiineG-feF-&Uch yeaF-anG-fer c::lch
pRer-year of serviee-w1tA--tfle EmpJeyer: (A) -tf1e-pf0€lHet-ef~mes-tfle
deJJaHimitatien-iA-effeGt-under-Seetien-4-1-a(e-)(-i-)(A}-ef-tAe-Gede-fer-sl:l6f1
bimitatien Year-(detefmineG--witAeut-fegaFd-te-SeGtien 415(G)(6-)-ef-tAe
GedereF-(B) the-pF0Eh:16t-ef-'h4-times-tRe-ameHnt-tAat-may-be-taken-inte
occount under Section 415(6}(41fBt-ef-#1O Code witR-fespeot to such
P-aFtiffipaAt-feF-Suoh Li mitatien-Yeaf;-
(A) If aA-~mpJoyee was a PaFtieipaAt-as-e~tAe-end-ef-the
fir-st-aay-ef-tRe-fir-st-bimitatien-Y-ear-eegiAninEJ-afteF-Qeeember-3+;
-1-986;-iA-0Ae--Gf-fT-\ere-def~fled-Gent ributien-pJans-maiAtaineEi-by-the
empleyer-that-was-in-e-)(~stenee-0fl-May-6;-1-Q86;-the-flumer-ater-Gf
tf\e-Qef~ned-GeAtRbl:ltion-P-lan-F--faetieA-will-be-adjusted-if-t he-sum-ef
the-Gefined-GentFibHtien-PJan-F-faGtion--and-tAe-Qefined-Benefit
P-laA-F--Fa6tion-weuld-etf1erwise-e)(eeed-1~O-under-t he-terms-ef-this
PlaA~lJooer-tAe-adjl:Jstment~a n-amol:Jnt-eq l:Ja J-to-t he-prod uGt-ef-(-1-)
U
the-e-x-ees5-of-the-stlm-of-the-fr-astioA5-0Ver-1-4-times--(-2-}-the
deAomiAatof--Of-t!:le-QefiAed-GoAtrtbutioo-P-lao-F-r-aetion,-will-ee
permanently-wbtfaetee-from-the-nllmerator-of-the-QefiAee
Gon triblltioA-P-lafl-F-faetioo7
fB-)--T-Re-aejustmeAt-tlAder-subpara~r-aph-fAHs-ealeulatee
using-t!:le4fasHGRS-aS-t!:le-y-wolllEi-be--eomptl teG-as-ef-t!:le-6nG-of-ti:le
last-bimitation-'fear-be~inAing-befofe-January-1, 1 9~Ae
eisfegarding-any-eAaAges-iA-the-terrn5-ane-wnditiens-of-tAe-P-1an
made-after-M~86,but-Uf ing-tRe--limitat~oA-lInder-SeGtioA-4-1-5of-tAe-Geee--that-is-appUeable--to-t!:le--fiFst-bimftation Y ea F-be~inniA~
OA-Or-after-JaAtlary 1, 1 9s:h-
14
ARTICLE VII
Benefits Under the Plan
7.1 Retirement Benefit.
(a) A Participant shall be entitled to a normal retirement benefit upon such
Participant's Normal Retirement Date.
(b) Except as provided in Sections 8.8 and 8.9 of this Plan, until a Participant
actually terminates from the employ of the Employer, he shall not receive a distribution
and he shall continue to be treated in all respects as a Participant.
(c) Upon the retirement of a Participant as provided in subsection (a) and subject to
adjustment as provided in Section 8.4, such Participant shall be entitled to receive, at
the time and in the manner described in Article VIII. a retirement benefit in an amoLlnt
equal to 100% of the balance in his Accounts as of the Valuation Date concurring with
or preceding the date of his retirement, plus the amount of any contributions allocated
subsequent to such Valuation Date.
7.2 Termination of Emplovment Benefit In the event a Participant's employment
with his Employer is terminated for reasons other than retirement, and subject to
adjustment as provided in Section 8.4, sLlch Participant shall be entitled to receive, at
the time and in the manner described in Article VIII, a termination of employment
benefit in an amount equal to the balance in his Account as of the Valuation Date
concurring with or preceding the date of the distribution, plus the amount of any
contributions allocated subsequent to such Valuation Date.
7.3 Death Benefit
(a) In the event of the death of a Participant and subject to adjustment as provided
in Section 8.4, his beneficiary shall be entitled to receive, at the time and in the manner
described in Article VIII, a death Benefit in an amount equal to 100% of the balance in
his Account as of the Valuation Date concurring with or preceding the date of his death,
plus the amount of any contributions allocated subsequent to such Valuation Date.
(b) At any time and from time to time, each Participant shall have the unrestricted
right to designate a beneficiary to receive his death benefit and to revoke any such
designation. Each designation or revocation shall be evidenced by written instrument
filed with the Plan Administrator, signed by the Participant and bearing the signature of
a witness to his signature. In the event that a Participant has not designated a
beneficiary or beneficiaries, or if for any reason such designation shall be legally
ineffective, or if SLlch beneficiary or beneficiaries shall predecease the Participant, then
the personal representative of the estate of such Participant shall be deemed to be the
beneficiary designated to receive such death benefit, or if no personal representative is
appointed for the estate of such Participant. then his next of kin under the statute of
descent and distribution of the state of such Participant's domicile at the date of his
I:'
death shall be deemed to be the beneficiary or beneficiaries to receive such death
benefit.
16
('~.).-~\
.'-
ARTICLE VIII
Form and Payment of Benefits
8.1 Timin~ and Form.
(a) (1) Except as otherwise provided in this Article VIII, the amount of the
retirement or death benefit to which a Participant is entitled under Sections 7.1 and 7.3
shall be paid to him or, in the case of a death benefit, shall be paid to said Participant's
beneficiary or beneficiaries as soon as practicable following the Participant's actual
retirement following his Normal Retirement Date or death. as the case may be.
(2) The amoLlnt of the termination of employment benefit to which a Participant is
entitled under Section 7.2 shall be paid to him as soon as practicable following his
termination of employment.
(3) Notwithstanding paragraphs (a)(1) and (a)(2), above, a Participant may elect to
defer the distribution of his benefit until any subsequent date elected by the Participant
in writing pursuant to such procedures as the Administrator may adopt, but in no event
later than the date described in subsection 8.1 (b).
(b) Notwithstanding anything contained herein to the contrary, any distribution paid
to a Participant (or, in the case of a death benefit, to his beneficiary or beneficiaries)
pursLlant to paragraph (a) (1) shall commence not later than the last to occur of:
(1) April 1 of the year following the calendar year in which the Participant retires on
or after his Normal Retirement Date; or
(2) April 1 of the year immediately following the calendar year in which the
Participant reaches age 70-1/2.
fgl With respect to distributions under the Plan made for calendar years beqinning
on or after January 1, 2002, the Plan will applv the minimum distribution requirements
of section 401 (a)(9) of the Internal Revenue Code in accordance with the requlations
under section 401 (a)(9) that were proposed on Januarv 17, 2001, notwithstandinq any
provision of the Plan to the contrary. This amendment shall continue in effect until the
end of the last calendar year beqinninq before the effective date of final requlations
under section 401 (a)(9) or such other date as may be specified in guidance published
by the Internal Revenue Service.
8.2 Manner of Pavment.
(a) A Participant's retirement, death or termination of employment benefit may be
paid in one of the following optional forms as elected by the Participant. or in the case
of a death benefit, by the Participant's beneficiary or beneficiaries. The optional forms
are as follows:
(1) A lump sum payment.
17
(2) Monthly, quarterly or annual installments over a fixed period of time, not
exceeding the life of the Participant or the joint life and last survivor expectancy of the
Participant and his designated beneficiary.
(b) A Participant or his beneficiary may elect to receive the payment of any part or
all of the unpaid installments under paragraph 8.2(a)(2) above in a lump sum. in
accordance with rules and regulations promulgated by the Plan Administrator (and in
accordance with the Code).
(c) Each Participant shall have the right to designate a beneficiary for purposes of
the optional form of benefit payment described in paragraph 8.2(a)(2) above and to
revoke any such designation. Each designation or revocation shall be evidenced by
written instrument filed with the Employer and shall be effective upon filing with the
Employer.
(d) In the case of a retirement or termination of employment benefit, in no event
shall payment extend beyond the life or life expectancy of the Participant or the joint
lives or life expectancies of the Participant and his designated beneficiary. If the
Participant dies before receiving the entire amount payable to him, the balance shall be
distributed to his designated beneficiary at least as rapidly as under the method being
used prior to the Participant's death.
(e) In the case of a death benefit. payment
(1) to the designated beneficiary shall begin within one year following the
Participant's death (unless the designated beneficiary is the Participant's spouse. in
which case such benefit shall begin no later than the date the Participant would have
reached 70-1/2) and shall not, in any event, extend beyond the life or life expectancy of
the designated beneficiary; or
(2) to any other beneficiary shall be totally distributed within five years from the date
of the Participant's death.
(f) The Participant (or his spouse) shall be permitted to elect whether life
expectancies will be recalculated for purposes of distributions hereunder.
(g) Notwithstanding the foregoing, payments under the Plan shall satisfy the
incidental death benefit requirements and all other applicable provisions of Section
401 (a)(9) of the Internal Revenue Code, the regulations issued thereunder (including
Prop. Reg. Section 1.401 (a)(9)-2, and such other rules thereunder as may be
prescribed by the Secretary of the Treasury).
8.3 Lump Sum Payment. NotwitflstandingFor Plan Years beqinning on or after
Januarv 1. 2002. notwithstanding anything contained in this Plan to the contrary, any
benefit payable under the Plan. which is not more than $3,500,5,000. shall be paid in a
lump sum as soon as practicable following the Participant's termination of employment.
8.4 Periodic Adiustments. To the extent the balance of a Participant's Accounts
has not been distributed and remains in the Plan, and notwithstanding anything
1 X
contained in the Plan to the contrary, the value of such remaining balance shall share in
allocations of the income (or loss) of the Trust Fund pursuant to the provisions of Article
VI.
8.5 Location of Participant or Beneficiarv Unknown. In the event that all, or any
portion of the distribution payable to a Participant or his beneficiary, hereunder shall
remain unpaid after five (5) Plan Years solely by reason of the inability of the
Administrator, after ending a registered letter, return receipt requested, to the last
known address, and after further diligent effort, to ascertain the whereabouts of such
Participant or his beneficiary, the amount so distributable shall be treated as a
forfeiture. In the event a Participant or beneficiary of such Participant is located
subsequent to his benefit being reallocated, such benefit shall be restored by an
additional contribution by the Employer.
8.6 Transfer to Other Qualified Plans. The Trustee, upon written direction by the
Plan Administrator, shall transfer some or all of the assets held under the Trust to
another plan or trust meeting the requirements of the Code relating to qualified plans
and trust, whether such transfer is made pursuant to a merger or consolidation of this
Plan with such other plan or trust or for any other allowable purpose.
8.7 Direct Relievers.
(a) Notwithstanding any provisions of the Plan to the contrary that would otherwise
limit a distributee's (as defined below) election under this paragraph, a distributee may
elect, at the time and in the manner prescribed by the Plan Administrator, to have any
portion of an eligible rollover distribution (as defined below) paid directly to an eligible
retirement plan (as defined below) specified by the distributee in a direct rollover (as
defined below).
(b) For purposes of this paragraph, the following terms shall have the following
meanings:
(1) An "eligible rollover distribution" is any distribution of all or any portion of the
balance to the credit of the distributee, except that an eligible rollover distribution does
not include: any distribution that is one of a series of substantially equal periodic
payments (not less frequently than annually) made for the life (or life expectancy) of the
distributee or the joint lives (or joint life expectancies) of the distributee and the
distributee's designated beneficiary, or for a specified period of ten years or more; any
distribution to the extent such distribution is required under Code Section 401 (a)(9), and
the portion of any distribution that is not included in gross income (determined without
regard to the exclusion for net unrealized appreciation with respect to employer
secu rities).
(2) An "eligible retirement plan" is an individual retirement account described in
Code Section 408(a), an individual retirement annuity described in Code Section
408(b), an annuity plan described in Code Section 403(ah or 403(b), a deferred
compensation plan under Code Section 457 (b) or a qualified trust described in Code
Section 401 (a), that accepts the distributee's eligible rollover distribution. However, in
}9
the case of an eligible rollover distribution to the surviving spouse, an eligible retirement
plan is an individual retirement account or individual retirement annuity.
(3) A "distributee" includes an Employee or former Employee. In addition, the
Employee's or former Employee's surviving spouse and the Employee's or former
Employee's spouse, as defined in Code Section 414(p), are distributees with regard to
the interest of the spouse or former spouse.
(4) A "direct rollover" is a payment by the Plan to the eligible retirement plan
specified by the distributee.
8.8 Withdrawals from Rollover Contribution Accounts. A Participant, while still
employed, may request a withdrawal of all or a portion of his Rollover Contribution
Account at any time.
8.9 Withdrawals from Emplover Contribution Accounts. A Participant who has
reached age 59% may request a withdrawal of all or a portion of his Employer or
Employee Contributions Accounts at any time. This section. as it relates to Employee
Contributions. is effective as of June 1. 1999.
20
ARTICLE IX
Trust Fund and Expenses of Administration
9.1 Name of Trustee. The Trust Fund shall be held by the Trustee, or by a
successor trustee or trustees. for LIse in accordance with the Plan under the Trust
Agreement. The Trust Agreement may from time to time be amended in the manner
therein provided. Similarly, the Trustee may be changed from time to time in the
manner provided in the Trust Agreement.
9.2 Expenses of Administration.
(a) (1) The assets of the Trust Fund may be used to pay all expenses of the
administration of the Plan and the Trust Fund, including the Trustee's compensation,
the compensation of any investment manager, the expense incurred by the Plan
Administrator in discharging its duties, all income or other taxes of any kind whatsoever
that may be levied or assessed under existing or future laws upon or in respect of the
Trust Fund, and any interest that may be payable on money borrowed by the Trustee
for the purpose of the Trust.
(2) The Employer may pay the expenses of the Plan and the Trust Fund. Any such
payment by the Employer shall not be deemed a contribution to this Plan.
(b) Notwithstanding anything contained herein to the contrary, no excise tax or other
liability imposed upon the Trustee, the Plan Administrator or any other person for failure
to comply with the provisions of any federal law shall be subject to payment or
reimbursement from the assets of the Trust.
(c) For its services, any corporate trustee shall be entitled to receive reasonable
compensation in accordance with its rate schedule in effect from time to time for the
handling of a retirement trust. Any individual trustee shall be entitled to such
compensation as shall be arranged between the Employer and the Trustee by separate
instrument; provided, however, that no person who is already receiving full-time pay
from the Employer shall receive compensation from the Trust Fund (except for the
reimbursement of expenses properly and actually incurred).
21
ARTICLE X
Amendment and Termination
10.1 Restrictions on Amendment and Termination of Plan. It is the present
intention of the Employer to maintain the Plan set forth herein indefinitely.
Nevertheless, the Employer specifically reserves to itself the right at any time, and from
time to time, to amend or terminate this Plan in whole or in part; provided, however, that
no such amendment:
(a) shall have the effect of vesting in the Employer, directly or indirectly, any interest,
ownership or control in any of the present or subsequent funds held subject to the
terms of the Trust Agreement;
(b) shall cause or permit any property held subject to the terms of the Trust
Agreement to be diverted to purposes other than the exclusive benefit of the
Participants and their beneficiaries or for the administrative expenses of the Plan
Administrator and the Trust;
(c) shall reduce the then vested interest of a Participant;
(d) shall reduce the Account of any Participant; or
(e) shall increase the duties or liabilities of the Trustee without its written consent.
10.2 Amendment of Plan. Subject to the limitations stated in Section 10.1, the
Employer shall have the power to amend this Plan in any manner that it deems
desirable, and, not in limitation but in amplification of the foregoing, it shall have the
right to change or modify the method of allocation of contributions hereunder, to change
any provision relating to the administration of this Plan and to change any provision
relating to the distribution or payment, or both, of any of the assets of the Trust.
10.3 Termination of Plan. The Employer, in its sole and absolute discretion, may
terminate this Plan and the Trust, completely or partially, at any time without any liability
whatsoever for such complete or partial termination. In any of such events, the affected
Participants. notwithstanding any other provisions of this Plan, shall have fully vested
interests in the amounts credited to their respective Accounts at the time of such
complete or partial termination of this Plan and the Trust. All such vested interests shall
be nonforfeitable.
10.4 Termination Procedure. In the event the Employer decides to terminate this
Plan and the Trust, after payment of all expenses and proportional adjustments of
individual Accounts to reflect such expenses and other changes in the value of the
Trust Fund as of the date of termination, each affected Participant (or the beneficiary of
any such Participant) shall then be entitled to receive any amoLlnt then credited to his
Account in accordance with the form of payment prescribed by Article VIII.
10.5 Initial Qualification of Plan. Notwithstanding the provisions of Section 10.1, if it
is finally determined that the Plan does not qualify under the Code, then, in that event,
"
the Plan shall terminate as of the date of such final determination and the Plan
Administrator shall direct the Trustee to pay the then aggregate of the balances in the
Employer Contribution Accounts to the Employer and the Rollover Contribution
Accounts to the appropriate Participants (provided such payment is made within one
year after the date of the final determination). The Participants and their beneficiaries
shall have no further rights under the Plan, the Trust or the Trust Fund, and the Trustee
shall be discharged of all obligations and duties under the Trust.
..,...
-j
ARTICLE XI
Participant Direction of Account Investment
11.1 Participant Directed Investments. On the commencement of his participation
in the Plan, each Participant shall direct the Trustee to invest his Accounts in one or
more Directed Investment Funds made available by the Plan Administrator from time to
time. The Plan Administrator may provide each of the Directed Investment Funds
made available to Participants through shares of one or more investment companies or
mutual funds, segregated accounts invested in one or more of savings or notice
accounts, deposits in or certificates issued by a bank, insurance, annuity or other
investment contracts, or other appropriate investment vehicles.
11.2 Election Procedures. Except as may be otherwise provided by the Trust
Agreement or by any contract entered into by the Trustee or the Plan Administrator with
an investment manager appointed to manage all or any portion of the assets of the
Plan, each Participant's directed investment elections shall be made in writing upon his
commencement of participation in the Plan.
(a) A Participant shall designate the percentage of the balances of his Accounts and
future contributions to his Accounts to be allocated to any Directed Investment Fund.
(b) Subject to section 11.2(c), a Participant may revise his election effective as of
the first day of each Valuation Period. The Participant's revised election shall be
effective for contributions made to the Plan after the effective date of such revision, and
may be effective for the investment of balances previously allocated and remaining
credited to a Participant's Accounts. Any revised election with respect to future
contributions shall be subject to the percentage limitations established by the Plan
Administrator pursuant to section 11.2(a). If required by the Plan Administrator, any
revised election with respect to existing Account balances shall specify the specific
percentage, or dollar amount, of each Account to be transferred between Directed
Investment Funds.
(c) The Trustee shall make requested investments on behalf of each Participant
within a reasonable period after the receipt of directions from the Plan Administrator or
the Participant.
11.3 Failure to Designate. If a Participant does not specifically designate the initial
investments for all of his Accounts at the time he becomes a Participant in the Plan, his
Accounts shall be invested in a stable value fund offered as one of the Directed
Investment Funds available to Participants until such time as he makes his initial
designation regarding his investments.
11.4 Charges and Credits. A Participant's Accounts shall be divided into
sub-accounts to properly account for the Directed Investment Funds in which such
Accounts are invested. Each sub-account shall be adjusted as of each Valuation Date
in accordance with Article VI for purposes of (a) crediting dividends, interest. and other
income on the investments in a particular Directed Investment Fund, as well as all
~.l
realized and unrealized gains credited to that fund, and (b) charging individually
allocable expenses in connection with the investments in a particular Directed
Investment Fund. as well as all realized and unrealized losses charged to that fund.
Other charges or fees separately incurred and not charged to a Directed Investment
Fund, and incurred as a result of an election made by a Participant associated with the
investment of his Accounts, shall be charged against his Accounts in accordance with
Article VI.
11.5 Procedures. The Plan Administrator shall establish procedures regarding
Participant investment direction as are necessary, which procedures shall be
communicated to all Participants and applied in a uniform. nondiscriminatory manner.
25
ARTICLE XII
Miscellaneous
12.1 Alienation. No Participant or beneficiary of a Participant shall have any right to
assign, transfer, appropriate, encumber, commute, anticipate or otherwise alienate his
interest in this Plan or the Trust or any payments to be made thereunder; no benefits,
payments, rights or interests of a Participant or beneficiary of a Participant of any kind
or nature shall be in any way subject to legal process to levy upon, garnish or attach the
same for payment of any claim against the Participant or beneficiary of a Participant;
and no Participant or beneficiary of a Participant shall have any right of any kind
whatsoever with respect to the Trust, or any estate or interest therein, or with respect to
any other property or right, other than the right to receive such distributions as are
lawfully made out of the Trust, as and when the same respectively are due and payable
under the terms of this Plan and the Trust.
12.2 Governin~ Law. This Plan shall be administered, construed and enforced
according to the laws of the State of Florida, except to the extent such laws have been
expressly preempted by federal law.
12.3 Gender. Throughout this Plan, and whenever appropriate, the masculine gender
shall be deemed to include the feminine and neuter; the singular, the plural; and vice
versa.
12.4 Forfeiture of Benefits for Specified Offenses.
(a) Notwithstanding anything to the contrary, any Participant who is convicted of the
following offenses committed prior to retirement, or whose employment is terminated by
reason of his admitted commission, aid or abetment of the following specified offenses,
shall forfeit all rights and benefits under this Plan, except for the return of his Employee
Rollover Contribution Account as of the date of termination. Specified offenses are as
follows:
(1) The committing, aiding or abetting of an embezzlement of public funds;
(2) The committing, aiding or abetting of any theft from the Employer;
(3) Bribery in connection with the employment of a public officer or employee;
(4) Any felony specified in Chapter 838, Florida Statutes (except ~838.15 and
S838.16);
(5) The committing of an impeachable offense;
(6) The committing of any felony by a public officer or employee who willfully and
with intent to defraud the public or the public agency, for which he acts or in which he is
employed, of the right to receive the faithful performance of his duty as a public officer
or employee, realizes or obtains or attempts to obtain a profit, gain, or advantage for
2(1
himself or for some other person through the use or attempted use of the power, rights,
privileges, duties or position of his public office or employment position.
(b) Conviction shall be defined as an adjudication of guilt by a court of competent
jurisdiction; a plea of guilty or a nolo contendere; a jury verdict of guilty when
adjudication of guilt is withheld and the accused is placed on probation; or a conviction
by the Senate of an impeachable offense. Court shall be defined as any state or federal
court of competent jurisdiction which is exercising its jurisdiction to consider a
proceeding involving the alleged commission of a specified offense.
(c) Prior to forfeiture, the Administrator shall hold a hearing on which notice shall be
given to the Participant whose benefits are being considered for forfeiture. Said
Participant shall be afforded the right to have an attorney present. No formal rules of
evidence shall apply, but the Participant shall be afforded a full opportunity to present
his case against forfeiture.
(d) Amounts forfeited from a Participant's Account under this Section 12.4 shall be
used to reduce future Employer contributions.
12.5 Claims Procedures.
(a) Claims for benefits under the Plan may be made by a Participant or a beneficiary
of a Participant on forms supplied by the Plan Administrator. Written notice of the
disposition of a claim shall be furnished to the claimant by the Administrator within
ninety (90) days after the application is filed with the Administrator, unless special
circumstances require an extension of time for processing. in which event action shall
be taken as soon as possible, but not later than one hundred eighty (180) days after the
application is filed with the Administrator; and, in the event that no action has been
taken within such ninety (90) or one hundred eighty (180) day period, the claim shall be
deemed to be denied for the purposes of subsection 12.5(b). In the event that the
claim is denied, the denial shall be written in a manner calculated to be understood by
the claimant and shall include the specific reasons for the denial, specific references to
pertinent Plan provisions on which the denial is based, a description of the material
information, if any, necessary for the claimant to perfect the claim, an explanation of
why such material information is necessary and an explanation of the claim review
procedure.
(b) If a claim is denied (either in the form of a written denial or by the failure of the
Plan Administrator, within the required time period. to notify the claimant of the action
taken), a claimant or his duly authorized representative shall have sixty (60) days after
the receipt of such denial to petition the Plan Administrator in writing for a full and fair
review of the denial, during which time the claimant or his duly authorized
representative shall have the right to review pertinent documents and to submit issues
and comments in writing. The Plan Administrator shall promptly review the claim and
shall make a decision not later than sixty (60) days after receipt of the request for
review, unless special circumstances require an extension of time for processing, in
which event a decision shall be rendered as soon as possible, but not later than one
hundred twenty (120) days after the receipt of the request for review. If such an
extension is required because of special circumstances, written notice of the extension
27
shall be furnished to the claimant prior to the commencement of the extension. The
decision of the review shall be in writing and shall include specific reasons for the
decision, written in a manner calculated to be understood by the claimant, with specific
references to the Plan provisions on which the decision is based.
28
ARTie LE XIII
Loans to Participants
13.1 Availability of Loans.
(a) The Plan Administrator, in accordance with its uniform
nondiscriminatory policy, may direct the Trustee, upon application of a
Participant who is actively employed by the Employer, to make a loan to
such Participant out of his vested Accounts upon application of the
Participant based upon the Participant's immediate and heavy financial
need (which shall be limited to the criteria set forth in paragraph (e) below).
Any such loan to a Participant shall be considered a Participant directed
investment under Article XI and without limitation shall be subject to the
provisions of Article XI.
(b) All loans must be requested in writing on an application
approved by the Plan Administrator and signed by the Participant. The
Employer must review and approve the application.
(c) The amount advanced, when added to the outstanding
balance of all other loans to the Participant from this Plan or any other
qualified retirement plan adopted by the Employer, may not exceed the
lesser of:
(1) $50,000, reduced by the excess, if any, of:
(A) the Participant's highest aggregate outstanding
balance of all loans from the Plan (or any other qualified
retirement plan adopted by the Participant's Employer) during
the one (1) year period ending on the day before the date on
which the loan is made ,over
(8) the aggregate outstanding balance of all loans
from the Plan (or any other qualified retirement plan adopted
by the Participant's Employer) on the date on which the loan is
made; or
(2) 50% of the vested balance of the Participant's Accounts.
(d) The minimum amount that may be borrowed by the Participant
shall be S 1,000.00.
(e) A loan will be authorized only in the event of an immediate and
~9
heavy financial need. An immediate and heavy financial need shall be
deemed to include
(1) expenses of medical care (as defined in Section 213(d)
of the Code) incurred by the Participant or his spouse or
other dependents (as defined in Section 152 of the
Code) or necessary for such persons to obtain such
medical care,
(2) payments (other than mortgage payments) directly
related to the purchase of the Participant's principal
residence,
(3) payment of tuition and related educational fees for the
next 12 months of post-secondary education for the
Participant or his SpOUSG, children or other dependents,
(4) payments necessary to prevent the eviction of the
Participant from his principal residence or the
foreclosure on the mortgage of such residence, or
(5) such other events as may be prescribed by the
Commissioner of the Int'crnal Revenue Service in
revenue rulings, notices alld other documents of general
applicability.
(f) A single loan may be outstanding at any time. After a loan has
been fully repaid, a new loan may not be made to the borrower for at least 30
days after the final payment has been made with respect to the prior loan.
(g) Notwithstanding the foregoing, no Participant shall be entitled
to borrow an amount that the Plan Administrator determines could not be
adequately secured by the portion of such Participant's Accounts that is
permitted to be held as security pursuant to applicable Department of
Labor Regulations.
(h) Any out-of-pocket legal and administrative costs incurred by
the Trustee as a result of a loan, or application for a loan, shall be paid by
the Participant who received or applied for such loan.
13.2 Time and Manner of Repayment. Any loan made under this Article
XIII shall be repayable to the Trust at such times and in such manner as may be
provided by the Administrator, subject to the following limitations:
(a) Each loan shall be secured by 50% of the vested interest of
the Participant in his Accounts. The Administrator shall not accept any
other form of security. Each Participant shall agree to have each required
30
loan payment deducted from his pay and remitted to the Trustee.
(b) Each loan shall bear interest at a reasonable rate and shall
provide for substantially level amortization of principal and interest no less
frequently than quarterly. The interest rate charged sllall be comparable to
the rate charged by commercial lending institutions in the region in which
the Employer is located for comparable loans as determined by the Plan
Administrator at the time the loan is approved.
(c) Each loan shall be repaid within a specified period of time.
Such period shall not be less than twelve (12) months, nor shall such
period exceed five (5) years, unless the loan is used to acquire the
principal residence of the Participant.
13.3 Default. In the event of default, the Trustee, at the direction of tile
Administrator, may proceed to collect said loan with any legal remedy available,
including reducing the amount of any distribution permitted under Article VIII by
the amount of any such loan that may be due and owing as of the date of
distribution or any other action that may be permitted by law. "Events of Default"
shall include any failure to make a payment of principal or interest attributable to
the loan when due; failure to perform or to comply with any obligations imposed
by any agreement executed by the Borrower securing his loan obligation; and any
other conditions or requirements set forth within a promissory note or security
agreement that may be required in order to ensure that the terms of the loan are
consistent with Commercially reasonable practices.
13.4 Effective Date. This article is effective for all purposes as of
November 1, 1999.
IN WITNESS WHEREOF, this Plan has been executed this
I +997-:-2003.
day of
Countersigned:
CITY OF CLEARWATER. FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Attes t:
Cynthia E. Goudeau
City Clerk
.' I
Clearwater City Commission
Agenda Cover Memorandum
Worksession Item #: .""'1) R \
Final Agenda Item # 50
Meeting Date: 07/17/03
SUBJECT/RECOMMENDATION:
Pass Ordinance No. 7154-03 repealing Ordinance No. 7015-02, which amended paragraph (9) of
Chapter 33, Section 33.067 of the Code of Ordinance adding a new designated slow down
minimum - wake zone off Marina Del Rey and Isle of Sand Key, on the first reading.
[8] and that the approprialC' officials be authorized to execute same.
SUMMARY:
The Florida Fish and Wildlife Conservation Commission has denied our request to extend the wake
zone outside the channels of Marina Del Rey and Isle of Sand Key. They state that the current
regulation of the three (3) canals is sufficient and that vessels should have already come down off
plane before actually reaching or entering the mouths of each canal. Vessels leaving these areas,
should already be traveling at slow speed.
The decision, on the part of the Fish and Wildlife Conservation Commission Division of Law
Enforcement Boating Safety and Waterway Management, is consistent with the desire to control
excessive regulations that restrict the boating public enjoyment of our waterways.
Reviewed by:
legal
Budget
Purchasing
Risk Mgmt
-......
n '\;} ')
hll'-./ --- Info Svc
N/A Public Works
N/A DCMlACM
N/A Other
Originating De~
Marine & Aviation Total
User Dept.:
Marine & Aviation Current FY
Attachments
1. Ordinance 715~-03
2. Wake Zone chart
Costs
N/A
Funding Source:
CI
OP
Other
Submitted by: "12' " J J
City Manager r..JlP MAa~
Printed on recycled paper
o None
A ro riation Code:
ORDINANCE NO. 7154-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, REPEALING ORDINANCE NO. 7015-02 WHICH
AMENDED CHAPTER 33, SECTION 33.067, CODE OF
ORDINANCES, RELA TING TO WA TERWA YS AND
VESSELS, TO MODIFY SUBSECTION (9) ADDING A NEW
DEFINED AREA FOR SPEED RESTRICTIONS OF
VESSELS EAST OF MARINA DEL REY AND ISLE OF
SAND KEY; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:
Section 1. Ordinance No. 7015-02 which amended Chapter 33, Section
33.067(9), Code of Ordinances, is hereby repealed and Section 33.067 (9) is reinstated
as follows:
Sec. 33.067. Same-Areas defined.
*****
(9) Slow down - minimum wake zone; internal canals, of Marina Del
Rey and Isle of Sand Key. All waters of the internal canals of Marina Del Rey and Isle
of Sand Key, south of Harborage Court and north of the southern boundary of the city
are designated as a slow down - minimum wake zone.
*....
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
-I) /~ //
./ /^\C, I ~~--_...
Bryar:l'D. Ruff' /'
/ .
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
Ordinance No. 7154-03
L--/
LEGEND
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,.... .'~ ~. ,f. '. .'
..,i/: ~.~.~. ..:..':i}
Proposed Addition To The
Existing Minimum Woke Zone
~ WAKE ZONE BOUYS
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BE
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CITY Of CLEARWATER, fLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
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0,1<"';
_fY
NOVO
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IoIAA1HA
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07/111/2002
SLOW DOWN - I.lINIMUM WAKE _ _
CLEARWA TER HARBOR 2OO205111
.....
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......-
LEGEND
., .
Proposed A "
Existing t,4' c;ldltlon To Th
In/mum W e
() oke Zone
. WAKE ZONE
BOUYS
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WARIN"-
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CLEARWA-TEt.4RINIMUM WAKE
HARBOR
-
L-/
Clearwater City Commission
Agenda Coyer Memorandum
'-
Worksession Item #:
PRI
5/
Final Agenda Item #
Meeting Date:
7/17/03
SUBJECT/RECOMMENDATION: Pass Ordinance No. 7100-03 on first reading, amending Section
22.82 of the City of Clearwater Special Events Ordinance relating to insurance requirements as
recommended by the City Special Events Committee,
~ and that the appropriate officials be authorized to execute same.
SUMMARY:
. On January 18, 2001 the City Commission approved a series of amendments to the Special
Events Ordinance as recommended by the Special Events Committee. The rewrite of the
Special Events Procedure Manual and the new ordinance have worked extremely well.
. One of the tasks of the Special Events Committee is to continue to review and update the
Special Events Ordinance as needed.
. The Committee has determined that several revisions are needed in the insurance section of the
ordinance. They are as follows:
1. Change the provision from when a liability insurance policy is required by the applicant from
"50 persons or more" to "75 persons or more".
2. Add language that would require liability insurance for special events that involves a parade,
march or rally upon public roadways in Clearwater; involves potentially dangerous games,
rides, or activities; uses commercial vendors, or concessionaires.
3. Reflect the amount of liability insurance be equal to, or greater than, the minimum amount as
set by the City of Clearwater's Risk Manager.
4. Reflect the amount of motorized vehicle insurance required be equal to, or greater than, the
minimum amount as set by the City of Clearwater's Risk Manager for property damage and
bodily injury coverage.
. The purpose of the proposed revisions is not only to clarify the insurance section but to also
provide additional protection for the applicant, participants, spectators and the City in regards to
Special Events.
. These changes will have minimal impact to applicants in that most are currently complying with
these standards on a volunteer basis and in many cases have liability policies in amounts far
greater than what is being requested.
Originating Dept:
Info Srvc N/A Parks & Recreation Dept. Total
Public Works ~ /) Kevin Dunbar, Director!, - "
/ '
OCM/ACI.' (/ ,.-liser-.6E;PI.-------um-~.-.-l Current FY
Other _P.<..J~~_~~~!oil.t!~Q~p_t~ ----J
J Attachments: I
Submitt{!d by: "'D' M ~ 1
: City Manager "t)()J AAIL 0 None
Reviewed by:
\
Legal /~.
Budget ~
Puretlasing N/A
~isk 1.1gmt
b.pL-
Costs
N/A
N/A
Funding Source:
CI
OP
Other
None
Printed on recycled paper
Rev. 2/98
ORDINANCE NO. 7100-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO SPECIAL EVENTS; AMENDING SECTION 22.82
SPECIAL EVENTS APPLICATIONS, PROVIDNG AN EFFECITVE
DATE.
Whereas, the City of Clearwater Special Events COlllmittee reviews the Special
Events Ordinance on an ongoing basis; and
Whereas, the Special Events Committee recognizes the need to keep the
Ordinance current; and
Whereas, the Special Events Committee recommended amendments to said
Ordinance; now therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF CLEARWATER, FLORIDA:
Section 1. Part II, Code of Ordinances, Chapter 22, Parks, Beaches,
Recreation, is hereby amended to read:
Article III, Special Events, Section 22.82. Application:
(3) Provision of a policy of liability insurance shall be required where the special event
involves: a) more than 75 persons: b) a parade, march or rally upon the public
roadways in Clearwater: c) potentially danqerous qames, rides, or activities as
determined by City ordinance or by the City Special Events Committee; or d) the use of
commercial vendors, or concessionaires. This policy shall name the City as an
"additional insured" and be equal to, or qreater than, the minimum amount as set by the
City of Clearwater's Risk Manaqer. ffiere-than-Bg-pefseRS-Or-vel=liele5-;-flaffiiA~t:le-eit-y
as-aFHAsur-ed-ifl--t-Re-ameHRt-ef-$5Go,GOO-;-GO-;- In the case of parades, the insurance will
cover the assembly area in addition to the parade route. If motorized vehicles are to be
used in a parade, the owners of such vehicles must also provide proof, upon request, of
vehicle liability insurance equal to, or qreater than, the minimum amount as set by the
City of Clearwater's Risk Manaqer for property damaqe and bodilv iniury coveraqe.
must-ee-pr-eviseG-9-y-tt:le-GwneF&-OkUBh-vehieles7
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Ordlllance No 7100-03
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
/
I ' (.
l '- . .- - .
" ------
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Laura Lipowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7100-03
Norman, Lois
-
From:
Sent:
To:
Cc:
Subject:
Reid, Debra
Thursday, July 17, 2003 10:31 AM
Goudeau, Cyndie; Brink, Carolyn; Wilson, Denise A.; Phillips, Sue
Norman, Lois; Dunbar, Kevin E.
requested information for 7/17 CC meeting
Commissioner Gray had a question at Monday's worksession in regards to our item on Special Events
Ordinance/insurance requirements. Below is the requested information. Can you please be sure this information is
passed along to all the Commissioners for tonight's meeting?! Thanks!
Per Sharon Walton, Risk Manager:
Cost of general liability insurance in the amount of $1,000,000 for a one day special event (rally, performance,
march/parade, speaker, concert, etc.):
... Small, low risk event (no alcohol. no carnival rides) $500-750 premium
_ Company's with existing insurance in that amount or greater Anywhere from no charge to $50
Also, Section 22.82.5 gives the City Manager or his designee the right to waive the required insurance.
Debbie tlJ
PRELIMINARY AGENDA
Clearwater City Commission Work Session - 1 :00 P.M. - Monday, July 14, 2003
Service Awards
Employee of the Month -
Convene as Community Redevelopment Agency (CRA):
1 . Call to Order
2. Approval of Minutes: Special Meeting 03/24/03 and Regular Meeting 06/02/03
3. Approve Selection Committee ranking of respondents to the Request for Proposals
and Qualifications (RFP/Q) for the redevelopment of the Station Square Parking Lot
Site and authorize the negotiation of a development agreement with the top ranked
proposal.
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: 06/16/03
3. Request for acceptance into membership: Dylan Newell; Joshua Baxter; Brian
Frank; Jennifer Cunningham; Robert Ramos; Justin Nieves; Mike Ward; Scott
Pettay; Daniel Angove; Peter Eichner; Franklyn Golpl; Michael Kirkpatrick; Richard
DeCastro II; Liberian Miles and Erik Soderlund.
4. Regular Pensions to be granted: John Slack; Robert W. Repp, Jr.; and William
McClure II.
5. Approve the contracts with Atlanta Capital Management Co., LLC and Systematic
Financial Management, Inc.. as small cap equity managers for the Employee's
Pension Plan.
6. Other Business
7. Adjourn
Reconvene Work Session
PUR PURCHASING
Approval of Purchases & Declaration of Surplus per PurchasinQ Memorandum:
1. Wingfoot Commercial Tire, Clearwater, Florida, purchase contract for new tires during
the contract period: September 1, 2003 thru August 31, 2005 for $300,000. (GS/SW)
(Consent)
2. King Engineering Assoc., Tampa, Florida, Engineering design services for Skycrest
traffic calming and upgrade and repair to sewer pipes at a cost of $326,418.
(PW/ENG) (Consent)
3. Carl Eric Johnson, Inc., Tucker, Georgia, purchase contract for Moyno pumping
equipment and spare parts during the period: July 18,2003 thru July 31, 2004 for
$60,000. (PWIWPC) (Consent)
07/14/03 Wort<. Sossion Agenda
1
Rev. 01-07/14/03
4. Increations, Treasure Island, Florida, purchase contract for labor and materials for
various concrete requirements during the period: August 1, 2003 thru July 31, 2004
for $225,000. (PR) (Consent)
5. Tampa Bay Engineering, Clearwater, Florida, Engineering design services for Beach
Pump Station Improvements Phase IV - relocation of Pump Station 16 at a cost of
$71,100. (PW/ENG) (Consent)
6. Declare vehicles and equipment surplus and authorize disposal through sale at
Tampa Machinery Auction, miscellaneous surplus. (Consent)
BU BUDGET
1. Adopt a tentative millage rate of 5.753 mills for fiscal year 2003/04 and set Public
Hearings on the Budget for 09/04/03 and 09/18/03 to be held no earlier than 6:00 p.m.
(Consent)
FD FIRE
1. Award a contract for the construction of the new Northwest Fire Station 51 (01-
0064-FI) to David Gerald Construction Company of Tampa, Florida, in the amount
of $1,749,000 which is the lowest responsible bid received in accordance with plans
and specifications. (Consent)
HR HUMAN RESOURCES
1. First Reading Ord. 7123-03 to adopt the restatement of the City of Clearwater Money
Purchase Plan document.
MR MARINE /AVIATION
1. First Reading Ord. 7154-03 repealing Ord 7015-02, which amended paragraph (9) of
Chapter 33, Section 33.067 of the Code of Ordinances adding a new designated
slow-down minimum wake zone off Marina Del Reyand Isle of Sand Key.
PR PARKS AND RECREATION
1. First Reading Ord. 7100-03 amending Sec 22.82 Special Events Applications
relating to insurance requirements.
2. Award a contract for the construction of the restrooms/pavilion and infrastructure
improvements at Eddie C. Moore Fields 8 and 9 (03-0018-PR) to Brandon
Construction of Palm Harbor, in the amount of $342,771.61, which is the lowest
responsible bid received in accordance with the plans and specifications. (Consent)
PD POLICE
1. Approve position increases for the Police Department of 4.3 FTE to staff an additional
fifteen school crossing guards at a cost of $19,346. (Consent)
07/14/03 Work Session Agenda
2
Rev. 01-07/14/03
2. Approve an agreement between ClealWater Housing Authority (CHA) and the
Clearwater Police Department for Clearwater Housing Authority to fund an additional 2
FTE positions providing services to Jasmine Courts for a period of two years with
inclusion of a one-year renewal option at a cost of $100,000. (Consent)
PLD PLANNING
1. Public Hearing & First Reading - Ords. 7143-03, 7144-03 & 7145-03 - Approve the
petition for Annexation, Land Use Plan Amendment from County Industrial Limited (IL)
to City Industrial Limited (IL) and Zoning Atlas Amendment from the County M-1, Light
Manufacturing and Industry, to City IRT, Industrial, Research & Technology District
for 2040 Range Road (A portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15.
ANX2003-04008 (Colontonio's Fine Foods, Inc.)
2. Public Hearing & First Reading - Ords. 7146-03, 7147-03 & 714S-03 - Approve the
petition for Annexation, Land Use Plan Amendment from County Commercial General
(CG) to City Commercial General (CG) and Zoning Atlas Amendment from the County
C-1, Neighborhood Commercial District, to the City C, Commercial District for 2500
Sunset Point Road (Lot 41, Skyline Groves in Sec 06-29-16. ANX2003-04009 (Robert
L and Marcia A. Warren)
PW PUBLIC WORKS
1. Approve agreement provisions for engineering services contracts with the firms of
Jones, Edmunds & Associates, Inc.; Ayres Associates; Parsons; Wade-Trim; Tampa
Bay Engineering Group, Inc.; Post, Buckley, Schuh & Jernigan, Inc.; HDR
Engineering, Inc.; McKim & Creed; Grimail Crawford, Inc.; OKS Associates; Advanced
Engineering & Design, Inc. and Cumbey & Fair, Inc. (Consent)
2. Public Hearing & First Reading Ord 7140-03 - approve the applicant's request to
vacate the W399.78' of the 50-ft railroad easement lying along the South property line
of Lot 15, Clearwater Industrial Park, (A.K.A. 1555 Sunshine Drive), and dedicate a
10' water line easement proposed to be located adjacent to the South property line of
the W399.78' of said Lot 15. (V200S-03 City of Clearwater/Clearwater Industrial
Park).
3. Approve award of the construction contract for the Stevenson Creek Pump Station 2
- Force and Gas Main Replacement (Project #02-0095-UT) to R. Roese Contracting
Company of Kawkawlin, Michigan, with local offices in Tampa, Florida, in the amount
of $354,200 which is the lowest responsible bid received in accordance with plans and
specifications. (Consent)
4. Approve the final plat for IIlsland Townhomes" located on Brightwater Drive
approximately 900 feet East of the intersection of Hamden Drive and Brightwater
Drive. (Consent)
5. Award a contract for the 2003 Street Resurfacing Contract (03-0019EN) to Ajax
Paving Industries of Nokomis, Florida for the sum of $1,702,660.85, which is the
lowest responsible bid received in accordance with the plans and specifications.
(Consent)
6. Accept a 187 square foot, MOL, perpetual Right-of-way and Utilities Easement
conveyed by Betty J. Saliga, as Trustee, in consideration of receipt of $1500., over
and across a portion of Lot 59, Ambleside Subdivision Second Addition. (Consent)
07/14/03 WoO< Session Agenda
Rev. 01-07/14/03
3
7. Accept a 135 square foot, MOL, perpetual Right-at-way and Utilities Easement
conveyed by William C. and Virginia G. Lupton, as Trustees, conveyed for $1.00 and
other consideration over and across a portion of Lot 58, Ambleside Subdivision
Second Addition. (Consent)
8. Approve a contract with Arnold Brown Properties, a Florida limited partnership, to
sell surplus vacant property identified as Pinellas County parcel 16-29-15-00000-120-
0600 for $202.000, subject to terms and conditions contained therein, including but
not limited to the buyer committing to initiating construction of a redevelopment project
with an FAR of not less than 3.0 and of not less than 216,000 square feet, MOL,
within 5 years of purchase. (Consent)
9. Approve a contract with Gerry D. Minear and Diane K. Minear to purchase a portion of
Lots 14 and 15, Pinellas Groves Sec. 12-29-15, 2150 Range Road, for $635,000 plus
boundary survey and closing costs of $3500 for an estimated total of $638,500.
(Consent)
ED/HSG ECONOMIC DEVELOPMENT/HOUSING
1. Approve the contract for the construction of a 300-space public parking garage and
establish capital project funding for this construction from revenues available in the
Parking System Reserve Fund in the amount of $1,450,000 (Pelican Walk Garage).
(Consent)
2. Public Hearing - Declare surplus for the purpose of exchanging the fee simple
estate in a portion of Lot 1, a Resub of Baskins Replat, containing 2.422 acres, MOL
("surplus parcel"), and approve a Contract For Exchange of Real Property between the
City and Clearwater Mall, LLC (Exchange Contract"), to exchange the City's fee
estate in said surplus parcel valued at $1,200,000 for the fee estate in Pinellas County
parcels 15-29-15-65196-000-0034 and 0063 for the sum of $145,000 and Pinellas
County parcels 15-29-15-65196-000-0030, 0060, 0061, 0062 and 15-29-15-65214-
002-0180 for the sum of $1,013,050. (collectively, "exchange parcels"), subject to
fulfillment of the terms and conditions of the exchange contract, and of those certain
Contracts For Sale and Purchase of Property between Clearwater Mall, LLC and
owners of the exchange parcels, plus estimated interest payments and transaction
costs of $41,950 for a total exchange consideration not to exceed $1,200,000.
3. Homeless Task Force Update (WSO)
ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES
1. Appoint a City Commission member as voting delegate to Florida League of Cities
Conference, August 14-16, 2003.
2. Brownfields Advisory Board - 2 appointments. (Consent)
3. Enterprise Zone Development Agency - 5 appointments. (Consent)
4. Parks and Recreations - 1 appointment. (Consent)
5. Community Relations Board - 1 appointment & 1 approval (Consent)
07/14103 Work Session Agenda
4
Rev. 01-07/14/03
CA LEGAL DEPARTMENT
Second Reading Ordinances
1. Ord. 7124-03 - Approve a Land Use Plan Amendment from Residential Urban (RU) to
Institutional (INS) (LUZ2003-03002)
2. Ord. 7125-03 - Approve a Zoning Atlas Amendment from LMDR, Low Medium
Residential District, to (I) Institutional District, for 2701, 2720, 2751 & 2770 Regency
Oaks Blvd. (A portion of M&B 21.00, all of M&B 21.02, and a portion of M&B 21.03 in
Sec. 05-29-16) (LUZ2003-03002)
3. Ord. 7126-03 - Approve the petition for Annexation of property located at 3119 San
Mateo Street (Lot 13, Del Oro Gardens in Sec. 09-29-16) (ANX2003-02004)
4. Ord. 7127-03 - Approve a Land Use Plan Amendment from County Residential Urban
(RU) to City Residential Urban (RU) (ANX2003-02004)
5. Ord. 7128-03 - Approve a Zoning Atlas Amendment from the County R-3. Single
Family Residential District. to the City LMDR, Low Medium Density Residential
District. for 3119 San Mateo Street (Lot 13. Del Oro Gardens in Sec. 09-29-16)
(ANX2003-02004 )
6. Ord. 7129-03 - Approve the petition for Annexation of property located at 1837
Beverly Circle North (Lot 2. Lake lela Manor First Addition in Sec. 24-29-15)
(ANX2003-03005 )
7. Ord. 7130-03 - Approve a Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) (ANX2003-03005)
8. Ord. 7131-03 - Approve a Zoning Atlas Amendment from the County R-3, Single
Family Residential District, to the City LOR, Low Density Residential District for 1837
Beverly Circle North (Lot 2, Lake Lela Manor First Addition in Sec. 24-29-15).
ANX2003-03005
9. Ord. 7132-03 - Approve the petition for Annexation of property located at 1517
Calamondin Lane (Lot 35, Blk 4. Virginia Grove Estates First Addition in Sec. 08-29-
16) (ANX2003-03006)
10. Ord. 7133-03 - Approve a Land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) (ANX2003-03006)
11. Ord. 7134-03 - Approve a Zoning Atlas Amendment from the County R-3. Single
Family Residential District, to the City lMDR. Low Medium Density Residential District
for 1517 Calamondin Lane (Lot 35, Blk 4. Virginia Grove Estates First Addition in Sec.
08-29-16) (ANX2003-03006)
12. Ord. 7135-03 - Approve the petition for Annexation of property located at 1709 Grove
Drive (lot 28, Blk 2. Virginia Grove Terrace First Addition in Sec. 05-29-16).
(ANX2003-03007)
13. Ord. 7136-03 - Approve a land Use Plan Amendment from County Residential Low
(RL) to City Residential Low (RL) (ANX2003-03007)
14. Ord. 7137-03 - Approve a Zoning Atlas Amendment from the County R-3, Single
Family Residential District, to the City LMDR, Low Medium Density Residential District
for 1709 Grove Drive (Lot 28. Blk 2, Virginia Grove Terrace First Addition in Sec. 05-
29.16) (ANX2003-03007)
15. Ord. 7149-03 - Operating Budget.
16. Ord. 7150-03 - Capital Improvement Budget.
07/14/03 Work Session Agenda
5
Rov.01-07/14/03
17. Ord. 7151-03 - Approve amendment to Chapter 33, Section 33.067 (3) of the Code of
Ordinances to expand the Slow Down - Minimum Wake Zone at the entrance of
Clearwater Harbor Marina Channel light no. 10 to the mean low water mark to the
north, through Marina Channel day beacon no. 11 to the west and Devon Drive to the
south.
18. Ord. 7152-03 - Approve increasing City Manager approval authority and emergency
bid authority to $100,000.
Other City Attorney Items
City Manager Verbal Reports
Commission Discussion Items
Other Commission Action
Adjourn
Presentation(s) for Thursday Night
1. Neighborhood Awards for Quarter
2. Presentation of Friends of the Library Scholarships
3. 2003 State Legislative Wrap-up - Representative Farkas
4. 2003 Legislative Wrap-up - Peter Dunbar, Pennington Law Firm
07/14/03 Work Session Agenda
6
Rev. 01-07/14/03
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item #
7/14/03
Meeting Date: 7/17/03
SU BJ ECT IRECOMMENDA TION:
SERVICE AWARDS
o
and that the appropriate officials be authorized to execute same.
SUMMARY:
The following employees be presented with service awards for their length of service in the employment of
the City of Clearwater
BACKGROUND:
5 Years
Scott K. Dempster
Andrea M. Beane
Kyle G. Resler
Virginia G. Gallon
Robert S. Furman
Linda Leaghty
Georgia L. Calder
Sharon Marzola
Parks & Recreation
Public Services
Police
Police
Police
Library
Parks & Recreation
Information Technology
30 Years
William A. Mayberry
Pu blic Services
10 Years
Thomas P. Milne
Brian K. DeWitt
Police
Police
15 Years
Jeffrey A. Gifford
Robert Lillico
Margaret D. Plennert
George McKibben
Library
Solid Waste
Police
Finance
25 Years
Patricia Warren
Information Technology
Reviewed by:
Legal
Budgot
Purchasing
Rlslo; Mgmt
Originating Dept:
Costs
Info Srvc
Public Works
DCM/ACM
Other
Total
User Dopt.
Current FY
Funding Source:
CI
OP
Othor
Attachments
Submitted by:
City Manager
Printed on recycled paper
2198
o None
A ro riatlon Code:
Rev.
fJ)/ Hs G...3
Annual Report on
Homeless Conditions in Florida
Fiscal Year 2001-2002
.Submitted:
June 30,2003
~fC'HILDREN
" FAMILIES
Jerry Regier
Secretary
J eb Bush
Govemor
TABLE OF CONTENTS
Executive Summary.... ................................................................................... .................... ......... ...1
Part 1 The Extent of Homelessness in Florida................................................................................2
Part 2 Who Are Florida's Homeless? ................. ....................................................... .....................3
Part 3 Causes of Homelessness ....... ........................................... ............... .......... .........................4
Part 4 Resources to Assist Florida's Homeless ..............................................................................6
Table 1 Federal Homelessness Resources ..................... ...... ............ ........ ........ ...... .......... 7
Table 2 Florid a Homeless Programs..... .......................... ...... ........... .... ..... ..... .................13
Part 5 Summary of Recommendations ............... .......................... .................. .................... ...... ....14
Appendix A Estimated Homeless Populations by DCF District and County ................................15
Appendix B Florida's Average Daily Homeless Population: 1991-2002......................................18
Appendix C Causes of Homelessness in Florida ........................................................................19
Appendix 0 Coalition Accomplishments................... .... ......... ... ................. .................. ................20
Appendix E Coalition Recommendations. ...... ......... ............... ............... ........ ............. .................24
Appendix F Available Beds for the Homeless in DCF Districts ...................................................27
Appendix G Permanent Housing for the Homeless in DCF Districts ...........................................28
Appendix H Local Homeless Coalitions..... .............. ................ ......... ........ ................... ..... ..........29
EXECUTIVE SUMMARY
The Department of Children and Families is pleased to provide this annual report on homelessness
in Florida, in fulfillment of the reporting requirement of subsection 420.623(4), Florida Statutes. This report
reflects data compiled and submitted to the department by the 28 local homeless coalitions.
Based upon the estimates of the number of homeless from Florida's local homeless coalitions,
71,770 people are reported in fiscal year 2002 as being homeless on any given day. This estimate
represents a 5.6% increase over the prior year's estimate of 67,981. Over the last three years, Florida has
seen its homeless population grow by over 23%.
The number of shelters and bed space to serve those who find themselves homeless has grown in
the last year. The local homeless coalitions report the existence of 263 emergency shelters, with bed
capacity to serve 9,168 people on any given night. Transitional housing facilities add space to serve
another 11,230 people nightly. These facilities, with a combined bed space of 20,398 beds, still are only
able to serve three out of every ten people homeless in Florida.
The profile of Florida's homeless continues to shift. Families and children continue to be a growing
segment of the homeless in Florida. Families now make up 35% of all homeless persons. Children under
18 years of age now comprise over 35% of all homeless persons.
Note, these are statewide averages. The makeup of the homeless population varies widely from
community to community. Accordingly, the strategies to address the problem of homelessness will need to
be tailored to each community by the local homeless coalition and providers. In 2002, there were 26
federally funded continuum of care programs covering 37 Florida counties. These continuum of care
systems address the full range of assistance for the homeless from prevention, to outreach and intake,
emergency shelter, transitional housing, and supportive services to permanent housing.
The causes of hornelessness remain rooted in poverty and the lack of affordable housing.
Complicating the situation for many individuals and families are related problems of mental health,
substance abuse, and the breakup of family units. While the causes of homelessness are varied and
unique to each person and family, so too must be the strategies employed to help each person and family
overcome their problems to attain a level of self-sufficiency needed to re-enter the housing market.
In response to these trends, Governor Bush and the Legislature have increased state funding for
programs for the homeless. In fiscal year 2001-02, the Governor approved $3.8 million in grants that will
provide homeless people throughout the state a more comprehensive system of care and $5 million in
grants that will help build, expand, renovate and repair transitional and permanent housing for Floooa's
homeless population. In combination, these grants will go beyond the traditional approach of just ~viding
Florida's neediest citizens a bed. Through the wide array of services and expanded housing opportunities,
these grants will provide communities the opportunity to better implement their continuum of care plans.
THE EXTENT OF HOMELESSNESS IN FLORIDA
For the fiscal year 2001-2002, the network of 28 local homeless coalitions estimated that the
number of homeless persons in Florida on a given day totals 71,770. This population estimate represents a
5.6% increase over the FY 2000-2001 estimate of 67,981.
The estimates are produced by the local coalitions using several methods. The methods include
surveying local community agencies to gather data on the number of homeless clients served, as well as
actually conducting "point-in-time. counts on a given day of those in local shelters, or those living on the
street. The data collection methods vary among the coalitions. The need for reliable, accurate counts of
homeless persons is a national problem given the difficulty of locating those with no home address.
In FY2003, all coalitions in Florida are encouraged to use the new Council on Homelessness
adopted, standardized .core survey" for local point-in-time counts of the homeless population. The
standardized core survey will enable homeless coalitions to more accurately count homeless people in their
communities. The survey instrument also asks for information on various characteristics of the homeless
population which will be useful in allocating funding targeted to the homeless. In surveys of the homeless
conducted for the current report, some coalitions report using the core survey and some chose not to use
the core survey this year, either because they had already done their surveyor because they lack the staff
to change their survey method at this time. Some coalitions will not conduct their point-in-time counts until
later in 2003.
In addition to providing more continuity in reporting information on homeless people, the
standardized core survey will help continuums, coalitions, and service providers to implement a
computerized Homeless Management Information System (HMIS), which has been mandated by the
federal Department of Housing and Urban Development (HUD) under a directive from Congress. It is the
aim of Congress and HUD to begin helping homeless providers to collect meaningful statistics on the
homeless so that funding can be allocated more effectively. In order to gain the fullest understanding of
homelessness and the use of homeless services over time, HUD is seeking participation from all homeless
service providers, regardless of whether they have or ever will receive govemment funding.
To date, 10 of the 28 homeless coalitions in Florida are using HMIS software, and 17 coalitions are
in the process of developing their implementation plans or testing HMIS software packages. Coalitons
have used various sources of funding for their HMIS programs: HUD (continuum of care grants); slate
Challenge Grant; Community Development Block Grant; city and county general revenue; and ma~r local
foundations.
The counts by coalition, including data by counties, are reported in Appendix A (page 15). The
trend of a growing homeless population in Florida is depicted in Appendix B (page 19).
WHO ARE FLORIDA'S HOMELESS?
AQe Profile Statewide PercentaQe RanQes Within Coalitions #Coalitions ReportinQ
Children under 1 B 35.0% 1 %-66% 26
Adults, age 18-59 57.2% 1 %-95% 24
Elderty, over 60 7.6% 1%-15% 21
. Gender
Males 56.1% 17%-85% 25
Females 43.9% 7%-130% 25
Familv Status
Single, never married 22.9% 3.1 %-82% 18
Divorced or separated 42.7% 16.6%-70% 25
Married or have a partner now 34.4% 1.2%-85% 22
Other Characteristics
Domestic abuse victims 10.9% 1.2%-42% 20
Military Veterans 14.2% 2%-44% 22
Unemployed 61.7% 5%-9~~ 17
Employed full time 17.8% 1.3%-31% 21
Employed part time 11% 1.9%-26.2% 19
Day labor 10% 1.6%-26.9% 15
Race
White (not Hispanic or Latino) 53.6% 7.80/0-91 % 20
American Indian 1.3% .1%-4.1% 18
Black (not Hispanic or Latino) 33% 3.50/0-55% 20
Hispanic or Latino 9.0% .80/~2.5% 20
Asian .5% .1%-2% 13
Other 2.9% .1%-15% 12
Education level completed
Grade school (to grade 8) 21.1% 2.0%-84.6% 17
Some high school 26.5% 3.5%-43% 15
High school diplomalGED 30.3% 3.4%-80% 17
Some college 7.9% .8%-22% 16
CoCIege degree 9.~~ .3%-22% 16
Vocational or trade school 5.0% .4%-11.4% 16
Lenath of Time Homeless
1 week or less 3.r'k .9%-20.1% 13
1-4 weeks 13.7% 1.1%-31.9% 14
1-6 months 22.9% 3.2%-67.6% 14
6-12 months 31.8% 1.7%-89.5% 19
1 year or longer 28.0% 4.6%-83% 18
PrO' EPisodes of Homelessness
Never 29.2% 1.80/0-77% 13
1 tfrne 30.~k 5.9%-45% 13
2-5 times 30.3% 7.6%-74.9% 16
6-9 times 6.4% 1.3%-29% 10
10 tines or more 3.9% .9%-29% 8
Florida's homeless population continues to be dominated by adult men. However, the numbers of
families are growing, now making up nearly one-third of the homeless. Similarly, the numbers of homeless
children are a growing segment of the homeless population, with children under 18 making up
approximately 35%of that population.
Even more striking are the variations among the coalitions around the state. There is not a
standard profile. Wide variations in the makeup of the homeless populations are reported among the 28
homeless coalitions as reflected in the range of percentages reported. What this means is the nature of the
need will vary from community to community and with that, so will the strategies to address this need. It will
require helping each homeless person and family individually.
In 2001, 19% of the homeless were employed full time and 18% were employed part time. Data for
2002 indicates that 17.8% of Florida's homeless were employed full time and 11 % were employed part
time. A possible explanation for this decrease may be the effects of the recession resulting in a loss of
tourism and the concomitant reduction in service industry jobs in which the homeless are often employed.
CAUSES OF HOMELESSNESS
Just as the populations vary, so do the contributing causes and characteristics of the homeless.
Homeless Profile
Substance abuse disorders
Mental health disorders
Dually diagnosed abuse/mental
health disorders
AIDS or HIV (diagnosed)
Physical, developmental disabilities, or
primary health care problems
Statewide PercentaQe
37%
25.5%
#Coalitions ReoortinQ
21
20
3%
15.1%
3
18
20%
17
As already noted, the individual homeless person or family has their own set of experiences or
reasons contributing to their homeless episode. The core underlying issue in nearly every case is
economic. Florida's homeless lack the financial resources to afford a place to live, while trying to meet their
other financial demands or needs. The lack of financial resources was reported by all 28 coalitions as a
leading cause of homelessness in their area.
This economic factor as an underlying cause of homelessness can be rooted in a range of
situations. Those in poverty must devote a larger portion of their incomes to afford housing. The causes of
poverty include unemployment and underemployment, lack of education and job skills, lack of job
opportunities at wages that will support the family's needs, lack of life skills including money management,
emergency financial crisis resulting from sudden loss of income, catastrophic illnesses, death in the family,
chronic medical conditions, or disasters impacting the family.
The other factor contributing to homelessness reported by all of Florida's coalitions is the shortage
of affordable housing. The cost of apartments and homes in Florida for those earning minimum wages is a
major burden. Further, the supply of affordable housing, as well as publicly assisted housing, is inadequate
to meet the demand. As a result, families face the choice of incurring housing costs that consume the
majority of their incomes, living in overcrowded situations as a result of not being able to afford a large
dwelling unit, doubling up by living with family or friends, living in substandard housing conditions, or living
on the streets.
In a recent report published by the National Low Income Housing Coalition entitled, Out of Reach
2002, an individual or family would need to eam a wage of $13.98 per hour to afford the average rent for a
two-bedroom apartment in Florida. This wage requirement is based on the household working a 4Q-hour
week, assumes the household pays no more than 30% of their income for rent, and uses the federal fair
market rent standard of $727 for a two-bedroom unit. When different size apartment units C!re consdered,
the wage requirements vary. For a one-bedroom unit, the wage needed to afford the federal fair market rent
is $11.40 per hour. For a three-bedroom unit, the wage requirement increases to $18.71 per hour. Using
these same sets of assumptions, the report concludes that a person or household at minimum wage rates
($5.15 per hour) can afford monthly rent of no more than $268. A recipient of SSI receiving $545 monthly in
income can afford a monthly rent of $164.
Other factors contributing to homelessness include substance abuse and mental illness. These
issues are particularly prevalent among the chronic or long-term homeless populations. The breakup of
family units due to divorce, separation, domestic violence and imprisonment is another leading contributing
factor to our homeless problem.
In addition to these, local homeless coalitions frequently report the following contributing factors for
hornelessness:
. Breakdown in (usually family) supportive relationships;
. Lack of affordable and reliable transportation (for employment);
. Lack of affordable child care;
. Lack of homeless prevention services;
. Low education levels;
. Decrease and/or loss of public assistance benefits;
. Institutional release without employment, housing, or a viable means of support;
. Lack of health care.
Finally, in some cases, homelessness may be choice in lifestyle. For a more complete list of factors
causing homelessness, see Appendix C (page 19).
While the causes may be varied and unique to each person or family experiencing an episode of
homelessness, so too must be the strategies employed to help that person or family address its situation to
obtain the level of economic self-sufficiency needed to reenter the housing market.
RESOURCES TO ASSIST FLORIDA'S HOMELESS
In response to the growing numbers of the homeless in Florida, as well as across the nation, a
variety of state and federal resources and programs have been authorized and funded. At the loca level,
units of governments, human service agencies, non-profit organizations, faith-based groups, and dlarities
have been the mainstays of services to the homeless.
At the federal level, the Stewart B. McKinney Homeless Assistance Act of 1987, remains the
centerpiece of federal programs, authorizing 14 different programs to help the homeless. The McKnney Act
programs fund states, local units of governments and community agencies to carry out a wide range of
activities, including, but not limited to, outreach, prevention, emergency shelter, transitional and supported
housing, permanent housing for those with disabilities, health care, substance abuse and mental health
treatment, education, job training, and reintegration of veterans into community life.
The majority of the McKinney Act funding is provided through grants from the U.S. Department of
Housing and Urban Development. In awarding these grants, a continuum of care model or plan has been
promoted. The continuum of care approach for alleviating homelessness is through a community-based
process that provides a comprehensive response to the different needs of the homeless person orfamily.
The continuum of care model requires communities to plan for and provide a balance of emergency,
transitional and permanent housing, and service resources to enable the homeless to make the transition
from the streets to jobs and independent living. A continuum of care approach should also include a
homeless prevention strategy.
The fundamental components of a continuum of care system are:
. outreach and assessment to identify the homeless families' needs,
. immediate or emergency shelter as an altemative to living on the streets,
. transitional housing with appropriate supportive services to help people reach independent
living, and
. permanent housing.
While not every person or family that is homeless will access or need each component, the plan for
the continuum approach must incorporate all components. The identification of the specific entities to
provide each of the component services and the coordination of all providers within the system are critical
to the success of this approach.
In 2002, the U.S. Department of Housing and Urban Development awarded $47.5 million to Florida
in McKinney Act grants. This included the Emergency Shelter Grant, Supportive Housing Program, Shelter
Plus Care, and Single Room Occupancy grants. These awards fund continuum of care systems in 37
counties around the state, plus the state's emergency shelter grant program.
Beyond these programs there are other significant federal resources that can be accessed to
address the needs of the homeless. Housing assistance programs are available through several federal
agencies and include both rental assistance as well as construction or repair assistance. Funding for
supportive services to address the whole spectrum of needs from health care to job training and education
is available from many federal agencies. While most of these programs are not targeted solely for Ihe
homeless, all are available to help our homeless.
Table 1 (page 7) provides a summary of the major federal programs currently available to help
meet the needs of the homeless.
6
TABLE 1
FEDERAL HOMELESSNESS RESOURCES
NAME OF PROGRAM
Emergency Shelter Grant
(ESG)
Supportive Housing Program
(SHP)
Shelter Plus Care
(SPC)
GENERAL PURPOSE OF PROGRAM FEDERAL AGENCY
Provides for shelter bed-space and supportive HUD
services for homeless.
Provides for short-term transitional and permanent
housing with support services for homeless.
Provides rental assistance for homeless persons
with disabilities, with supportive services provided
by other sources.
HUD
HUD
Section B/Single Room Occupancy Provides rental assistance for homeless persons HUD
(SRO) living in single-room occupancy units, rehabilitated
with the program.
Title V, McKinney Act
Health Care for the Homeless
Projects for Assistance in
Transition from Homelessness
(PATH)
Runaway and Homeless Youth
Transitional Living Program for
Homeless Youth
Battered Women's Shelter
Education for Homeless Children
and Youths
Makes surplus federal properties available to states,
local govemments, and non-profits for use as
homeless facilities and housing.
Assists community-based organizations to serve
the homeless with primary health care I substance
abuse treatment, case management, and mental
health treatment.
Assists community-based programs to provide
homeless people with mental illnesses and
co-occurring substance abuse with a variety of
treatment and support services in a residential
setting.
Provides assistance to establish and operate local
youth centers for runaway or homeless youth.
Helps homeless youth ages 16-21 make successful
transition to self-sufficient living.
Provides immediate shelter and related assistance
for victims of family violence and their dependents.
Assists state education agencies to ensure that
homeless children, including pre-school children, have
equal access to free and appropriate public education.
HUD
HHS
HHS
HHS
HHS
HHS
DOE
NAME OF PROGRAM
Workforce Investment Act
Food Stamps
Homeless Providers Grant and
Per Diem Program
Loan Guarantee for Homeless
Vets Multi-family Housing
Veterans Industries
Homeless Chronically Mental III
(HCMI)
Domiciliary Care for Homeless
Veterans (DCHV)
HUD-VASH
(Supported Housing)
Emergency Food & Shelter
Program
Homeless Children Nutrition
Program
GENERAL PURPOSE OF PROGRAM FEDERAL AGENCY
Teaches job skills and provides job DOL
placement services for economically
disadvantaged persons.
Provides financial assistance to low income USDA
people to buy food to improve their diets.
Funds community agencies providing services VA
to homeless veterans including construction or
repair of facilities and housing, operating funds,
and outreach services.
Guarantees loans to construct, or renovate existing
properties, or refinance existing loans for rental
housing for homeless vets.
Provides housing for disadvantaged, at-risk, and
homeless vets in supervised group homes while
working in the VA's Compensated Work Therapy
Program.
Provides outreach, health exams, treatment,
referrals, and case management to homeless
veterans with mental health problems.
Provides residential treatment to homeless veterans
with health problems, including vocational counseling
and rehabilitation, and post-discharge community
support.
Provides Section 8 rental assistance to serve
. homeless mentally ill veterans and those with
substance abuse disorders, to provide permanent
housing and ongoing treatment services.
Provides assistance to help feed and shelter hungry
and homeless people and those at risk of becoming
homeless.. Includes cash assistance for one month's
rent, mortgage, or utility payment to prevent
homelessness.
Provides for meals in battered women's shelters and
other providers of services to homeless families with
children.
VA
VA
VA
VA
HUD-VA
FEMA
USDA
l;>
LEGEND
HUD
HHS
DOE
DOL
USDA
VA
FEMA
U.S. Department of Housing and Urban Development
Department of Health and Human Services
Department of Education
Department of Labor
Department of Agriculture
Department of Veterans Affairs
Federal Emergency Management Agency
Programs for Homeless floridians
In Florida, programs targeted to serve the homeless have in the past focused on prevention of
homelessness and services to the homeless. With legislation passed in 2001, the state added new
programs to expand the capacity of the network of local homeless coalitions, implement the local
continuum of care plans, and create more affordable housing units for the homeless.
The state's Challenge Grant program provided $3.8 million in grants, with the 2002 grant awards
going to 18 lead agencies in 25 counties that will provide approximately 10,727 homeless people a more
comprehensive system of care. allowing local groups to implement their continuum of care plans for the
homeless. Administered by the Department of Children and Family's Office on Homelessness, Challenge
Grants will be used by groups for projects ranging from capital projects to homeless services. In addition to
preventing at-risk people from becoming homeless, the local continuum of care plans focus on determining
the root causes of homelessness and providing a full array of services at the community level. The FY2003
awards will assist 18,900 homeless persons in 16 communities around Florida.
The Homeless Housing Assistance Grant also assists local communities in implementing their
continuum of care plans. In 2002, this grant provided $5 million to 10 lead agencies in 11 counties creating
472 new housing units statewide. These units will house 794 people who were homeless. In 2003, HHAG is
funding 17 projects with $5 million in funding to provide 375 units of housing for 400 homeless people.
Getting Florida's homeless into more permanent living arrangements, as opposed to putting them up in
temporary shelters night after night, is a critical piece of a community's continuum of care plan.
Within the existing State Apartment Incentive Loan program (SAIL) managed by the Florida
Housing Finance Corporation, a set-aside of funding for projects to aid homeless tenants has been
established. Again, this program aims to increase the supply of affordable rental housing to serve those
who are homeless.
The Emergency Financial Assistance for Housing Program (EFAHP) is available to help families
who are homeless or face the threat of homelessness as a result on their inability to pay rent or mortgage
resulting in the threat of eviction. In addition, the program can help families displaced by fire, floods or other
disasters, or emergency situations. The family can qualify for a single payment of up to $400 in a given
12-month period to help avoid the loss of housing. In the first ten months of FY2002-2003, EFAHP has
aided 3,041 families, committing $1,207,915.
The Department of Children and Families' network of district and region offices provides grant-in-
aid assistance for a range of homeless services. Such assistance can include outreach services,
information and referrals, emergency shelters, case management, prevention, meals, and service
coordination. The districts develop a spending plan in consultation with the local homeless coalitions.
Homeless services are provided by local agencies.
The network of local homeless coalitions in Florida also receives state support for staffing and
operating costs through grants from the Department of Children and Families. These local coalitions plan
and coordinate homeless services, promote awareness of the needs of the homeless in the community,
serve as information and referral sources for those in need of shelter, and collect data on the extent and
causes of homelessness across the state. These coalitions and their member agencies have raised millions
of dollars in grants and donations to support the programs directly serving our homeless citizens.
One of Florida's important prevention programs is our Domestic Abuse Program and the funded
network of 38 domestic abuse centers. These facilities provide temporary housing for women and their
children who are victims of domestic violence and abuse. With the counseling and supportive servtes
provided, these shelters are a critical element in preventing these women from becoming a part of the
10
homeless population on the streets. Similarly, the network of youth shelters supported by the Department of
Juvenile Justice provides the needed homes for Florida's homeless and runaway youth. Table 2 (page 13)
outlines the state programs targeted to homeless clients.
In addition to these programs, many state agencies serve the homeless along with other consumer
groups. Millions of dollars within the state budget each year are spent on the homeless and those at risk of
becoming homeless each year through Medicaid, housing programs, public assistance, public health
centers, education programs, efforts to preserve families, employment and job training programs,
substance abuse and mental health treatment, child support, juvenile justice, and other programs. A major
goal is to increase the ability of the homeless to access the benefits of these mainstream state prcgrams,
and to better document the level of service afforded to the homeless.
Even with the advent of federal and state programs and intervention on behalf of the homeless,
much of the aid and services for this population have been and continue to be funded by community
agencies and units of local govemment. Florida's faith-based organizations and charities remain the
bedrock of these efforts.
Homeless Shelters
At the time of the 2002 survey, there were 263 identified shelters for the homeless in Florida with l:ed
capacity to serve 9,168 homeless persons on any given night. Further, there were an additional 400
transitional housing facilities in Florida with the capacity to serve another 11,230 homeless persons per
night. With a combined bed capacity of 20,398 beds, these homeless facilities can only accommodate
approximately 29.3% of the demand reported, with 71,770 homeless persons estimated on any given day.
The good news is the supply of bed space has increased from the 20,121 beds identified in 2001. The bad
news is the supply still only serves fewer than three out of every ten persons in Florida.
Permanent Housing
Permanent housing, as identified in the annual homeless survey, means long-term housing for the
homeless person or family. Generally, it is community based, private market housing, designed to enable
homeless individuals or families to live as independently as possible in a permanent setting. Such housing
may be combined with supportive services, or may operate without those services. In 2002, there were
8,282 units of permanent housing in Florida for previously homeless individuals and families. Following is a
breakdown of permanent housing units for different homeless populations:
General Mental Substance Dual DiIabIed Domestic Homeless Families Veterans HIVI Other Total
Population Illness Abuse Diagnosis Only Abuse or RUNWaY Only Only AIDS
(No limits or Youth
restrictions
4,467 1,071 248 775 529 0 287 401 185 173 146 8,282
Comprehensive Homeless Assistance Centers
A comprehensive homeless assistance center provides a range of services to the homeless by multiple
agencies at a single, co-located service delivery site. Typically, these centers are daytime operations, but
they may be associated with a homeless shelter. Services offered at comprehensive homeless assistance
centers often include: assistance in obtaining housing, employment, govemment benefits, health care,
alcohol, drug abuse and mental health treatment, child care, vocational education and training, and GED
preparation; counseling, life skills training; food and meals; issuance of clothing and personal care items;
bathing facilities; on-site health and dental care; use of telephones; laundry facilities; storage lockers; and
mail service.
According to reports from Florida's 28 homeless coalitions, there are 21 comprehensive homeless
assistance centers in the state. These centers are located in DCF Districts 1, 4, 8, 10, 11, 13 and 15. The
Treasure Coast Homeless Services Council, Inc. (DCF District 15), reports that their Homeless Resource
Center, Inc., includes six co-located agencies as well as the offices of the Council. Since the center opened
in September 2002, staff have served 489 indigent and homeless people with referrals to shelter;
transitional and permanent housing; public assistance (food stamps, TANF, Medicaid); dental, medical, and
mental health services; prescription medications; transportation; employment assistance; and eviction
prevention.
The Tallahassee Coalition for the Homeless in DCF District 2 has obtained property for a
comprehensive center and is seeking funds to renovate and expand a building on the property.
Homeless Coalitions Collaborate and Grow
Twenty-one of the 28 homeless coalitions are carrying out the full scope of statutory duties set forth in
section 420.623(2), Florida Statutes. It is important to note that the seven coalitions that haven't carried out
all of the duties tend to be located in smaller, rural counties where staff resources are small, and where
they may be the only or one of only a few organizations helping the homeless in the county. Coalition
reports show that al/28 coalitions have:
.
developed or assisted wilh developing a continuum of care plan;
discussed local issues and the needs of the homeless with coalition members and agencies;
inventoried all local resources for the homeless;
identified and reviewed unmet needs of the homeless;
collected and compiled a census of homeless people and reported that information to the Office on
Homelessness for annual reporting, planning, and funding purposes.
.
.
.
.
While the number of resources have grown and improvements are being made in the delivery of
services, much remains to be done to reduce the number of persons who are homeless in Florida and to
assure that a safe, decent shelter is available to those who find themselves without a home on any given
night.
Trends in Homelessness Assistance
As shown in Appendix D (page 21), all homeless coalitions in Florida report important successes in
assisting homeless people in their communities. At least 21 coalitions are collaborating with state and local
governments, private businesses, non-profit entities, and the general public in addressing the needs of the
homeless population in their communities. Ten of these coalitions have worked with their local govemments
and others in developing a homeless assistance plan. With the rising numbers of homeless families,
communities, homeless coalitions, and homeless providers are working together to establish appropriate
housing. For example, the I.M. Sulzbacher Center for the Homeless in Jacksonville used grant funding to
renovate office space into rooms for homeless families. The New Creation Christian Center, Inc. in Palatka
renovated a large home in the downtown residential district into a shelter for homeless families. The
developing trend is to keep families together, whereas in the past, homeless facilities often were unable to
house a father and mother with children in the same shelter due to space and privacy concems.
One coalition director stated: "City govemment is one of our major supporters. They even filed an
amendment to the Comprehensive Plan to change land use in order to donate 3.2 acres of prime real
estate to the coalition for our comprehensive homeless assistance center:
Unfortunately, 7 coalitions, all but one in rural counties, reported that their communities have been
very unsupportive of the work of the coalitions and of the providers of services to the homeless. At least 4
Florida communities have enacted punitive ordinances targeted at the homeless.
12
As we continue to improve our data collection efforts, it is clear that the extent of homelessness
remains significant. This is a trend that began in the early 1990s and continues with the FY2001-2002
count.
NAME OF PROGRAM
Emergency Financial Assistance
for Housing Program (EFAHP)
Homeless Grant-in-Aid Program
Local Homeless Coalition Grants
Domestic Abuse Program
Challenge Grant
Homeless Housing Assistance
Grant
SAIL - Homeless Setaside
LEGEND
DCF
FHFC
TABLE 2
FLORIDA HOMELESS PROGRAMS
GENERAL PURPOSE
Provides a one-time payment to homeless families,
or those at immediate risk of homelessness, to cover
rent, mortgage, or other payments to prevent
homelessness.
Funds a range of homeless services throughout the
state, including emergency shelter, food, clothing,
housing assistance, and case management.
Funds for the local homeless coalitions to plan
and coordinate homeless services, as well as
gather and report data on homelessness.
Provides for domestic abuse shelters to shelter and
counsel victims of domestic violence and their
dependents.
Funds the lead agency of local homeless assistance
continuum of care systems to implement that system
of assistance to the homeless.
Funds the construction or rehabilitation of transitional
and permanent housing for homeless people.
Provides financial assistance to construct or renovate
apartments to house the homeless or formerly
homeless (5% setaside).
Department of Children and Families
Florida Housing Finance Corporation
AGENCY
DCF
DCF
DCF
DCF
DCF
DCF
FHFC
SUMMARY OF RECOMMENDATIONS
The local homeless coalitions surveyed were given the opportunity to suggest strategies to help
prevent and alleviate homeless conditions in Florida. Based on survey responses, the following
recommendations were common:
1. Create more units of affordable housing. Twenty-two of the 28 homeless coalitions in
Florida recommended creating more units of affordable housing or increasing tax incentives for
affordable housing providers. It is clear from reports of the local homeless coalitions and the
National Low Income Housing Coalition (see page 4), that the lack of affordable housing
continues to plague low-income residents of Florida. One local homeless coalition reported that
in their 2002 census of homeless individuals, 35% were homeless for the first time. That same
coalition reported that 39% of their homeless population are adults with children and 48% of
those families are homeless for the first time. This indicates that as problems with
unemployment and low wages combine with the lack of affordable housing, more individuals
and families are in serious jeopardy of becoming homeless in Florida.
2. Establish a livable wage (also referred to as living wage). A livable wage is defined as the
hourly wage or annual income necessary to cover the basic needs (food, housing, child care,
transportation, health care, clothing, household and personal expenses and insurance) plus
federal and state taxes for single wage earner families. For communities that have established
a living wage ordinance, the living wage is usually the wage that a full-time worker would need
to earn to support a family above the federal poverty line, ranging from 100% to 130% of the
poverty measurement. In the absence of a local living wage ordinance, the coalitions
recommend that the minimum wage be increased to provide the basic needs of a family as
described above. Considering the lack of adequate supplies of affordable housing, Florida
families are facing the need to devote more of their incomes to housing.
3. Increase community-based mental health and substance abuse service centers. As the
tracking and census taking software and surveys of local coalitions have become more
sophisticated, we are receiving a better picture of how many mentally ill and substance
abusing, and dually diagnosed members of our society are homeless and lacking community-
based services. In reviewing figures from the FY2001-2002 surveys, more than 39% of
homeless people are substance abusers and that more than 21 % suffer from some form of
mental illness. These numbers may still be low given that these three homeless populations
are difficult to assess in surveys because many prefer not to give information about themselves
and many are difficult to locate, preferring to stay on the outskirts of society. Also, many
homeless substance abusers, mentally ill and dually diagnosed people will not visit large
comprehensive homeless shelters, which points up the need for community-based service
centers especially for those two groups of people.
It is important to note that this year that all 28 homeless coalitions have identified the abo\e as
their most important recommendations, as they respond to nationwide problems of low wages,
unemployment and lack of affordable housing.
Please see Appendix E (page 24) for the complete list of coalition recommendations.
14
ESTIMATED DAILY
DCF DISTRICT/COALITION REPORTING COUNTIES POPULATION
District 4
Emergency Services and Homeless Duval 2,122
Coalition of Jacksonville Baker N/A
Clay N/A
Nassau N/A
Emergency Services and Homeless St. Johns 991
Coalition of St. Johns County, Inc. District Total 3,113
District 7
Homeless Services Network of Orange 4,000
Central Florida, Inc. Osceola 1,000
Seminole 1,300
Coalition for the Hungry & Homeless of
Brevard County Brevard 1.856
District Total 8,156
District 8
Coalition for the Homeless of Southwest DeSoto 145
Florida Glades 49
Hendry 164
Lee County Coalition for the Homeless Lee 1,919
Charlotte County Homeless Coalition Charlotte 800
Collier County Hunger and Homeless
Coalition Collier 690
District Total 3,767
District 9
Homeless Coalition of Palm Beach Co. f~lm Beach 3.92~
District Total 3,922
District 10
Broward Coalition for the Homeless. Inc. ~roward 10.QQQ
District Total 10,000
District 11
Miami-Dade County Homeless Trust Dade 6,889
Southernmost Homeless Assistance League Monroe 2.1~
District Total 9,040
ESTIMATED DAIL Y
DCF DISTRICT/COALITION REPORTING COUNTIES POPULATION
District 12
VolusiaIFlagler County Coalition for Vol usia 2,030
the Homeless Flagler 165
District Total 2,195
District 13
Mid-Florida Homeless Coalition Citrus 448
Hernando 501
Lake 845
Sumter 20B
Marion County Coalition for the
Homeless Marion 1,017
District Total 3,019
District 14
Homeless Coalition of Polk County Polk 2,129
Highlands 384
J-iardee 119
District Total 2,632
District 15
Treasure Coast Homeless Services Council Indian River 457
St. Lucie 490
Okeechobee 135
~artin 47Q
District Total 1,552
SunCoast Region
Hillsborough County Coalition for the Hillsborough 6,481
Homeless
Community Coalition on Homelessness Manatee 2,047
Pine lias County Coalition for the Homeless Pinellas 2,305
Coalition for the Homeless of Pasco County Pasco 2,859
Sarasota County Coalition for the Homeless Sarasota 1.822
Region Total 15,518
TOTAL 51 A TEWlDE ES11MA TED CAlLY POPULATION 71,nO
APPENDIX B
FLORIDA'S ESTIMATED DAILY HOMELESS POPULATION
YEAR HOMELESS POPULATION INCREASE/DECREASE
1991 28,000 N/A
1992 31,000 10.7%
1993 40,000 29.0%
1994 46,000 15.0%
1995 51,658 12.3%
1996 57,850 12.0%
1997 55,000 -4.9%
1998 52,500 -4.5%
1999 57,417 9.4%
2000 65,597 14.2%
2001 67,981 3.6%
2002 71,770 5.6%
SOURCE
Annual Survey of Local Homeless Coalitions
Department of Children and Families
APPENDIX C
CAUSES OF HOMELESSNESS IN FLORIDA
FY2001.2002
Causes of Homelessness Identified by Coalitions
# Coalitions Reporting
Employment or Financial Reasons
UnemploymenUlost job
Not enough income to meet needs
Lack of job training or education
Welfare benefits ended
Money management problems
22
18
16
14
11
Housing Related Reasons
Can't afford housing
Incarceration release, no where to live
Evicted for not paying rent
Temporary living arrangement ended
Evicted for other reasons
Released from hospital/treatment facility
Unsafe housing
Left shelter or other program
23
18
16
16
14
14
13
12
Medical or Disability Reasons
Alcohol/drug problems
Mental health/emotional problems
Physical/medical problems
HIV/AIDS
Hurt on the job, can't work
Severe head trauma
22
22
20
16
9
7
Family Reasons
Divorce/separationlbreakup
Escaping abuse
Left/ran away
Ordered to leave by police or court
20
17
11
9
Other Factors
Lack of transportation
Lack of child care
Discrimination
Does not know where to go for help
17
13
9
9
Appendix D
Coalition Accomplishments in each Florida County and DCF District
District 1
Counties served: Escarnbia, Okaloosa, Santa Rosa, Walton
. Established cold weather shelter
. Train clients in self-sufficiency (money management, budgeting, life skills, counseling)
District 2
Counties served: Bay, Calhoun, Franklin, Gadsden, Gulf, Holmes, Jackson, Jefferson, Leon, Liberty,
Madison, Taylor, Wakulla, Washington
. Secured property for a comprehensive homeless assistance center
. All agencies in the catchment area have adopted an individual service plan of case management to
help homeless clients reach self-sufficiency
. Family Preservation grant funds received
. Developed quarterly newsletter
. Contracting with consultant and grant writer
. Promoting the involvement of local churches in the coalition's activities
. Planning for implementation of the Homeless Management Information System (HMIS)
District 3
Counties served: Alachua, Bradford, Columbia, Dixie, Gilchrist, Hamilton, Lafayette, Levy, Putnam,
Suwannee, Union
. Established performance moasures and assessable outcomes to track the success of homeless
programs and services to clients
. Local agencies track and maintain contact with former clients to ensure continued self-sufficiency
. Set up active coalition meeting schedule and include all homeless service providers in the area
. Developed comprehensivo list of resources available to homeless people in the area
. Developing performance moasures and outcomes
. Planning for implementation of tho Homeless Management Information System (HMIS)
District 4
Counties served: Duval, St. Johns
. Developed measurable objectives to define and identify the development of transitional, permanent
supportive, and permanent housing units.
. Developed and implemented highly successful standardized homeless survey instrument
. Each agency in the coalition has adopted outcome measures to track the success of homeless
programs and services, and to assess the ongoing self-sufficiency of former homeless clients.
. Provides a transitional housing program, educational programs.
. Works closely with the local WorkSource (AWl) center to help clients find jobs.
District 7
Counties served: Brevard, Orange, Osceola, Seminole
. Implemented computerized Homeless Management Information System (HMIS) to collect data on
homeless people
District 8
Counties served: Charlotte, Collier, DeSoto, Glades, Hendry, Lee
. Developed performance measures and outcomes to use in collecting data on homeless population
. Developing a strategic planning process
. Developing measures to access client self-sufficiency
. Member agencies/shelters are creating case plans for clients and financial assistance for child care.
District 9
County served: Palm Beach
. Coalition received HuD Continuum of Care funding, Homeless Housing Assistance grants, and seed
money to create a Homeless Emergency Assessment Center.
. Coalition using HMIS system to count homeless people and their problems. Coalition is now expanding
the number of local users of the system and to obtain grant funding for local agencies needing
assistance with purchasing computer hardware and software licensing.
District 10
County served: Broward
. Assisted in passing a Living Wage ordinance for Broward County
. Started faith-based program to coordinate local religious organizations in the effort to end
homelessness
. Manage the "Community Based Shelter Program" which uses faith-based organizations to provide
shelter and services to homeless families.
. Acquired $200,000 worth of bus passes to distribute to homeless service providers in Broward for the
transportation needs of homeless people
. Received funding to purchase a specially equipped van
. Successfully lobbied for an additional $800,000 in County funding for child care for homeless children
. Developed "technology plan' to improve coalition's infrastructure
. Provided case management training to local service providers
. Produced updated .Directory of Homeless Services"
. Assisted in producing and distributing updated "Homeless Survival Guide"
. Manage a homeless outreach collaboration program with the local police department
. Manage 524-BEDS program which places individuals and families in emergency shelters
District 11
Counties served: Miami-Dade, Monroe
. Established outcome and performance measures for each housing and service type (i.e. transttional
housing with substance abuse services, permanent housing with mental health services, etc.)
. Requires each agency within the coalition to report outcome and performance in a monthly report
. During the year, more than 26,000 people were contacted through homeless outreach system, of which
4,400 were placed in housing and more than 2,000 were placed in day labor and permanent jobs.
. Conducted a .Summit on Homelessness" to bring community together to identify priorities and develop
action plans
. Successful transfer of excess military property for conversion to special needs housing for homeless
people
. Planning for safe zones and an emergency shelter
. Expanding board of directors to include more diverse representation
District 12
Counties served: Flagler, Volusia
. Continuum of Care successful in obtaining $1.4 million from HUD.
. A local provider received a Veterans Administration "Per Diem" award of $154,000
. Another local provider received a legal grant
· Coalition is currently converting a former warehouse into a homeless assistance center. Joint funding
for the center has come from successful collaboration with the local Chamber of Commerce, the City of
Daytona Beach, and Volusia County.
. Collaboration with the Chamber of Commerce and city and county governments has resulted in a
community has resulted in a community plan for addressing homelessness.
. Successful leveraging of community skills and resources.
. Collaborative partnerships with service providers have given the coalition office space, and will provide
for day-to-day operation of the meal program at the new homeless assistance center.
. Other memoranda of understanding will provide for counseling and referral services by approximately
15 service providers at the new center.
· Extensive media coverage of coalition activities, including editorial support and letters of support to the
editors from the general public.
District 13
Counties served: Citrus, Hernando, Lake, Marion, Sumter
. Creating an HMIS system that will provide tracking of clients
. Improved and formalized coalition govemance structure
. Opened a Sumter Transition Program
. Opened an emergency homeless shelter in Lake County
. Staff attended trainings and conferences
. Established a mentoring program to give more support and guidance to emerging programs to help
homeless people
District 14
Counties served: Hardee, Highlands, Polk
. Hired technical/grant writer
. Coordinating and facilitating workshops for staff of member agencies
District 15
Counties served: Indian River, Martin, Okeechobee, St. Lucie
. Documented 263 homeless people in the past year who were able to end their episode of
homelessness through continuum of care member agencies.
. Using new HMIS computer system to track homeless people and to gain information about homeless
people and their needs
. Formulated outcome measures
. Member agencies now record results of housing assistance
22
Suncoast Region
Counties served: Hillsborough, Manatee, Pasco, Pinellas, Sarasota
. Coalitions in the area are either already using or developing HMIS software.
. Annual homeless census survey printed in English and Spanish
. Hired new directors of the coalitions in Hillsborough and Pasco counties.
. Forty women veterans received permanent housing in two months time with help from Challenge Grant
funds.
. One provider agency shifted from a primarily emergency shelter to a primarily transitional shelter and
expanded hot meal service to 20 locations (serving 1,800 meals per day).
. Supportive housing provided for up to 20 homeless adults with severe and persistent mental illness
. Rural outreach center in Plant City opened for business as a one-stop center for domestic violence
victims.
. .Places for People" community response initiative for the homeless to increase access to low-income
housing and shelters.
. Family Development Program to assess needs of adults and their children
. One member agency developed an affordable housing directory
. Member agency developed program for women with co-occurring disorders
. HUD and private donations used by a member agency to implement a program for women with
HIVIAIDS and their children.
. 2-1-1 information and referral hotline service implemented.
. Treatment and action plans developed by member agencies
. Continuum of Care plan developed in Pasco County
. HUD funding used to develop permanent housing for the homeless
. Workshops presented to service providers
. Tracking self-sufficiency of clients
Appendix E
COALITION RECOMMENDATIONS
Recommendations for State ProQrams/Resources
Poverty Related Issues
Provide a living wage with benefits
Provide education and job training opportunities
Adjust TAN F policy to continue benefits to low-wage workers
Attract "clean" industry to Florida
Housing
Create more units of affordable housing
Increase permanent, supportive housing
Simplify access to SAIL Program
Increase number of Section 8 vouchers
Increase number of CHDOs
Supportive Services
Increase community-based mental health and substance abuse service centers
Improve public transportation services
Provide more supportive service systems
Provide comprehensive assistance centers
Increase services to homeless or at-risk Veterans
Provide more subsidized childcare
Provide multidisciplinary outreach interventions
Permit unaccompanied youth access to health services
Make prescribed medicines more affordable
Create job training targeted to homeless people
Create child protection teams for homeless children
1m prove access to mainstream services and funds
Train paralegals as homeless client advocates for SSI or SSDI benefits
Open DCF/AWI service centers later in the day to benefit people who work
Prevention Issues
Prevent state agencies from discharging clients into homelessness
Fund more prevention programs
Improve domestic violence prevention education
Increase funding for Children in Need of Services and Families in Need of Services
# Coalitions Reporting
9
1
1
1
# Coalitions Reporting
12
3
2
2
1
# Coalitions Reporting
9
4
4
2
2
2
1
1
1
1
1
1
1
1
# Coalitions Reporting
3
1
1
1
Homeless Programs
Continueflncrease funding for local homeless coalitions
Expand funding for Challenge and Homeless Housing Assistance grants
Reduce or eliminate all match requirements for state funding
Provide more funding to smaller and rural counties
Establish sustaining budget for homeless programs
Increase funding for the Office on Homelessness
Provide local coordination of Emergency Financial Assistance for Housing Program
Establish full-time local (homelessness) coordinator position in each county
Create local option tax for homeless assistance
Preserve and enhance the Council on Homelessness
Increase funding for the homeless grant-in-aid program by 25%
Promote good relationships between homeless coalitions
Speed reimbursements from the Dept. of Children and Families
Continue technical assistance to local coalitions and providers
Provide state funding for the Homeless Management Information System (HMIS)
# Coalitions Reporting
4
3
2
2
2
1
1
1
1
1
1
1
1
1
1
Other/Miscellaneous
Advocate for the homeless to business community and general public
Increase discharge planning for inmates so they don't become homeless
Implement tracking system to determine needs after homelessness
Stop arresting and criminalizing homeless people
Provide more help for homeless families
Provide more help for homeless men with children
Provide help for homeless families with dependent elders
Relax restrictions on mainstream resources (Medicaid, ADM funding, etc.) as funding match
# Coalitions Reporting
3
3
1
1
1
1
1
1
Recommendations for Federal. Local and Private ProQramslResources
Poverty Related Issues
Increase minimum wage to a Mlivable wage"
# Coalitions Reporting
3
Housing
Increase tax incentives for low income (affordable) housing
Build more affordable accessible housing
Require that local banks and developers build affordable housing
Support the creation of a National Housing Trust
Change local zoning laws to permit more mixed-use housing
Build more transitional housing for homeless people
Increase government and private partnerships to build more affordable housing
Build more affordable housing for Veterans
Increase Section 8 housing
Preserve the 30% set-aside for permanent housing
Expand Section 8 voucher system and HOPE grants
# Coalitions Reporting
10
6
4
4
2
2
2
1
1
1
1
Supportive Services
Provide more funding for transportation
Continue to allow homeless assistance funds to be used for support services
Establish a universal health plan not based on income or disability
Improve the Temporary Assistance for Needy Families (T ANF) Program
Provide insurance benefits for all employees
Support HUD Shelter-Plus-Care
Homeless Programs
Increase local funding for homeless programs
Provide more emergency shelters for families
Decline block grant funding for homeless programs
Continue funding for McKinney-Vento Homeless Assistance Act programs
Increase HUD Emergency Shelter Grant (ESG) funding
Lower the match requirement for federal and state grants
# Coalitions Reporting
3
2
2
2
1
1
# Coalitions Reporting
4
2
1
1
1
1
Other/Miscellaneous # Coalitions Reporting
Extend deadline/provide funding for Homeless Management Information System (HMIS) 3
Increase private sector involvement as partners in solving homelessness 2
Increase public awareness to the realities of homelessness 2
Mandate local (city and county) match for homeless funding 1
Provide tax incentives for those who provide high wages and lower rents 1
Improve financial and technical assistance to all geographic areas 1
Work with smaller counties (less than 150,000 population) for grants and prevention 1
Restructure tax laws that depreciated apartment buildings in the 1980s 1
Provide a portion of county general revenue taxes to homeless services 1
Create a strong planning and advocacy body with experts in policy, lobbying, business, etc. 1
Appendix F
Available Beds for the Homeless in DCF Districts
DCF District # of Homeless Shelter Beds Transitional All Available
Housing Beds Beds
1 3,718 614 290 904
2 3,677 338 178 516
3 1,461 206 116 322
4 3,113 719 837 1.556
7 8,156 1,266 2,202 3,468
8 3,767 626 475 1.101
9 3,922 162 758 920
.
10 10,000 1,050 2,064 3.114
11 6,889 1,715 1,989 3,704
11-B (Monroe) 2,151 108 287 395
12 2.195 204 252 456
13 3,019 389 215 604
14 2,632 444 388 832
15 1,552 163 62 225
Suncoast Region 15,518 1,164 1,117 2.281
Totals 71,770 9,168 11,230 20,398
Appendix G
Permanent Housing for the Homeless in DCF Districts
DCF District Permanent housing units
1 2,286
2 23
3 266
4 244
7 387
8 162
9 258
10 707
11 2,165
11-B (Monroe County) 95
12 4
13 10
14 59
15 34
Suncoast Region 1,382
Total 8,282
APPENDIX H
LOCAL COALITION CONTACTS
DCF DISTRICT 1
Ms. Thresa Hogue, Coordinator
Escarosa Coalition on the Homeless
Counties served: Escambia, Santa Rosa
Phone: 850/438-9879
DISTRICT 7
Mr. J.B. Kenna, Executive Director
Brevard County Dept of Housing & Human Services
County served: Brevard
Phone: 321/633-2007
Ms. Martha "Marty. C. Lackey, Director
Okaloosa Coalition for the Homeless
Counties served: Okaloosa. Walton
Phone: 850/243-5648
Ms. Marilyn Gordon, Director
Homeless Services Network of Central Florida
Counties served: Orange. Osceola, Seminole
Phone: 407/893-0133
DCF DISTRICT 2
Ms. Gretchen Stephenson, Contact
Homeless & Hunger Coalition of NW Florida
Counties served: Bay, Calhoun. Gulf, Holmes.
Jackson, Washington
Phone: 8501769-2738
DISTRICT 8
Dr. Gary Lounsberry, Executive Director
Coalition for the Homeless of Southwest Florida
Counties served: DeSoto, Glades, Hendry
Phone: 941/590-7824
Ms. Kay Freeman, Executive Director
Tallahassee Coalition for the Homeless
Counties served: Franklin, Gadsden, Jefferson,
Leon, Liberty, Madison, Taylor, Wakulla
Phone: 850/576-5566
Ms. Ana Romillo, Executive Director
Charlotte County Homeless Coalition
County served: Charlotte
Phone: 941/627-4313
DCF DISTRICT 3
Ms. Theresa Harrison. Chair
Alachua County Coalition for the Homeless & Hungry
Counties served: Alachua, Bradford, Dixie, Gilchrist,
Lafayette, Levy, Putnam, Union
Phone: 352/955-6559
T eri Karp, Coordinator
Collier County Hunger and Homeless Coalition
County served: Collier
Phone: 941f774-0500
Mr. Roy Quimby, Executive Director
Lee County Coalition for the Homeless
County served: lee
Phone: 941/418-1007
Ms. Rita Dopp, Executive Director
United Way of Suwanee Valley
Suwanee Valley Coalition for the Homeless
Counties served: Columbia, Hamilton, Suwannee
Phone: 3861752-5604
DISTRICT 9
Ms. Sheila J. Smith, Executive Director
Homeless Coalition of Palm Beach County
County served: Palm Beach
Phone: 561/832-0011
OCF DISTRICT 4
Mr. Jim Harden, President
Emergency Services and Homeless Coalition of
St Johns County, Inc.
County served: S1. Johns
Phone: 904/824-6623
DISTRICT 10
Ms. Laura Hansen, Executive Director
Broward Coalition for the Homeless
County served: Broward
Phone: 954/522-7069
Ms. Wanda Lanier, Executive Director
Emergency Services and Homeless Coalition of
Jacksonville
Counties served: Baker, Clay, Duval, Nassau
Phone: 9041346-5560
DISTRICT 11
Mr. David Raymond, Executive Director
Miami-Dade County Homeless Trust
County served: Miami-Dade
Phone: 305/375-1490
DISTRICT 11-A
Rev. Steve Braddock, Chairman
Southemmost Homeless Assistance League
County served: Monroe
Phone: 305/294-2648
SUNCOAST REGION
Mr. Jeff Tomeo, Executive Director
Coalition for the Homeless of Pasco County
County served: Pasco
Phone: 727/862-5805
DISTRICT 12
Ms. Lindsay Roberts, Executive Director
VolusialFlagler Coalition for the Homeless
Counties served: Flagler, Volusia
Phone: 3861795-1278
Ms. Beth Eschenfelder/Harriett Chandler
Pinellas County Coalition for the Homeless
County served: Pinellas
Phone: 727/328-1990, ext. 201
DISTRICT 13
Ms. Roseann Fricks, President
Marion County Homeless Council
United Way of Marion County, Inc.
County served: Marion
Phone: 352/369-2315
Mr. James Joyce, President
Hillsborough County Coalition for the Homeless
County served: Hillsborough
Phone: 813/276-2976
Mr. James Lowe. Executive Director
Mid-Florida Homeless Coalition
Counties served: Citrus, Hernando, Lake, Marion,
Sumter
Phone: 352/357-5550
Ms. Bill Gasparovic, Executive Director
Community Coalition on Homelessness
County served: Manatee
Phone: 9411747-1509
Ms. Sandy Baar, Executive Director
Sarasota County Coalition for the Homeless
County served: Sarasota
Phone: 941/952-9359
DISTRICT 14
Ms. Donna St. Rock, Interim Executive Director
Homeless Coalition of Polk County, Inc
Counties served: Hardee, Highlands, Polk
Phone: 863/687-8386
DISTRICT 15
Ms. Louise Hubbard, Executive Director
Treasure Coast Homeless Services Council, Inc.
Counties served: Indian River, Martin, Okeechobee,
St. Lucie
Phone: 561/567-7790
30
~v~J
bD/tf5G3
HUD's Definition - Homeless
. A Person is Considered Homeless
when They Reside in:
. Places not Meant for Human
Habitation
. In an Emergency Shelter
. In Transitional Housing for
Homeless Persons
. .. .. ,.
" 'C~~ 'l.
, "
....~'o ~:--
1. ~~.; ....."
" ..
St. Vincent de Paul Profile
. Homeless are Offered Food,
Personal Hygiene Facilities and
Access to Thrift Store Goods
. Currently Leasang Land to CHIP
. CHIP Provides Controlled I.D.
Access to Soup Kitchen
. Soup Kitchen Serves Upwards of
200+ Daily
10
,.
.~~ ,.
l{1t'j;f....,'f.'
.~~~"!....
,;;-:.' .
..t
12
~ Clearwater
.
INTEROFFICE CORRESPONDENCE
TO:
City of Clearwater Commissioners
VIA:
William B. Home II, City Manager
FROM:
~Iowie Carroll, Assistant Director of Housing
COpy TO:
Ralph Stone, Assistant City Manager
Reginald Owens, Director - Economic Development & Housing
SUBJECT:
Affordability and Affordable Rental Unit Need
DATE:
July 16, 2003
As per your request please find the attached information pertaining to the rental atlbrdability in
. Pinellas County and the need for affordable rental housing in the State of Florida.
In summarizing the "2002 Oul of Reach" data, a household would have to earn $14.33 an hour to
afford a 2-Bedroom unit at Fair Market Rent (FMR) in Pinellas County. A person who was
making minimum wage ($5. 15/hr) would have to work 111 hours to afford that same 2-Bedroom
at FMR.
In the Florida Affordable Housing Study Commission's - 200/ Final Report - it showed the total
"Atfordable Need" for renters in the 0-50% Area Median Income (AMI) range to be
approximately 500,000 units (Table 3, Page II). The Final Report also states that by the year
2010, an estimated 1.61 million low-income homeowners and renters will be paying too much tor
housing. In addition, 650,000 housing units affordable to low-income Floridians will be over 50
years old.
I will continue to research if any studies have been done showing the demand tor affordable rental
units in Pinellas County and forward any information that I may obtain.
If you should have any questions on any of the infonnation please do not hesitate to contact me.
Thank you.
.
NLIHC: Out of Reach, 2002
Page] of3
~
National Low Income Housing Coalition I LnnS
HOllie I Search
.--
DedicatoUi solely to end'rrg Amaica's qffordable homing crisis.
Rental Housing for America's Poor Families:
Farther Out of Reach Than Ever
2002
-----------------------------------_..--------------------------_.._---.~_..._---------
Florida
J. I ~~~_~...........~_...w:
........ilIll -"u_". I .....~1lI L. J l.......'b,4
. In Florida, an extremely low income household (earning $ ]5,730,30% of the Area Median Income
of $52,434) can afford monthly rent of no more than $393, while the Fair Market Rent for a two
bedroom unit is $727.
. A minimum wage earner (earning $5.15 per hour) can afford monthly rent of no more than $268.
. An SSI recipient (receiving $545 monthly) can afford monthly rent of no more than $164, while
the Fair Market Rent for a one-bedroom unit is $593.
. In Florida, a worker earning the Minimum Wage ($5. ] 5 per hour) must work 109 hours per week
in order to afford a two-bedroom unit at the area's Fair Market rent.
. The Housing \Vage in Florida is $13.98. This is the amount a full time (40 hours per week)
worker must eam per hour in order to afford a two- bedroom unit at the area's Fair Market rent. This
is 271% of the minimum wage ($5. 15 per hour). Between 2001 and 2002 the two bedroom housing
wage increased by 4.71 %.
.
A un:: is considered affordable {(it costs 110 inore than 30% of the renter:'i income,
Calculate a Housing Wage for a Home in My Community
State: IFlorida
i.I Monthly Rent: $1
calcUlate-'
Want to see what a worker in your community would have to earn to keep their
housing affordable? Are you curious to know if you are paying more in rent
than what is considered affordable (30% of income)? Type in the monthly rent
for your home, or a home in your community, and see what it would take for it
to be affordable.
1~__ A J,..... .....
1 .4" .1".11 ..4
r r ............--.-._ ..:.
.
For an explanation of this data, see How to use the Numbers and \\'here the Numbers ~oI1le Fro!l~
http://www_nlihc.org/cgi-bin/oor2002.pl?getstate=on&getcounty=on&county=pi nellascounty&statc= FL 7/] 5/2003
NLIHC: Out of Reach, 2002 Page 2 of 3
Number of Households
Location Renter Households as I'ercent
Total Households Renter Households
ofTot~11 Households
Florida 6.337.929 1.896. I 30 29.92%
Pinellas County * 414,968 121,102 29.18%
2002 Family Income
2002 Estimated Median Family Income Maximum Affordable Monthly lIousin~ Cost hy %, of Family
Location (BUD) AMI
Annual Monthly 30% 50 'Yo SO (X, 100%,
Florida $52.434 $4.369 $393 $655 $1.049 $ 1.3 I I
Pinellas County * $50,500 $4.208 $379 $631 $1.010 $1.262
2002 Fair Market Rents by Number of Bedrooms
Location Zero One Two Three Four
Florida $505 $593 $727 $973 $1.139
PineIlas County * $505 $601 $745 $989 $ 1.199
Income Needed to Afford FMR
Amount Percent of Family AMI
Location Zero One Two Three Four Zero One Two Three Four
Bedrooms Bedroom Bedrooms Bedrooms Bedrooms Bedrooms Bedroom Bedrooms Bedrooms Bedrooms
~' $20,182 $23,713 $29.075 $38.920 $45.542 38% 45% 55% 74% 87%
PineIlas County * $20.200 $24,040 $29.800 $39.560 $47,960 40% 48% 59% 78% 95%
Housing Wage
Hourly Wage Needed to Afford Percent As % of Minimum Wa~e
(@ 40 hrs./wk.) Change ( FL=$5./5 )
Location in 2BR
Zero One Two Three Four Housing Zero One Two Three Four
Bedroom Bedroom Bedroom Bedroom Bedroom Wage Bedroom Bedroom Bedroom Bedroom Bedroom
(2001-
FI\fR FMR FMR FI\1R Fl\1 R 2002) FMR FMR FMR FMR FMR
Florida $9.70 $11.40 $ 13.98 $18.71 $21.90 4.71% 188% 221% 271% 363% 425%
Pincllas County · $9.71 $11.56 $ 14.33 $19.02 $23.06 4.50% 189% 224% 278% 369% 448%
Work Hours/Week
Necessary at Minimum
Wage to Afford
Location (FL=S5./5 )
Zero One Two Th ree Four
Bedroom Bed roo m Bedroo m Bedroom Bedroom
FMR FMR FMR FI\1R Fl\I R
Florida 75 89 109 145 170
las County · 75 90 111 148 179
http://www.nlihc.orglcgi-bin/oor2002. pi? getstate=on&getcounty=on&coun ty=pincllascounty&state= FL 7/15/2003
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