08/07/2003
CITY COMMISSION
MEETING
08/07 /03
NOTE: 08/04/03
THISWORKSESSION WAS CANCELLED AND
NOT RESCHEDULED. WSO ITEMS WERE
MOVED TO UPCOMING MEETINGS.
ACTION AGENDA - CLEARWATER CITY COMMISSION MEETING
Thursday, August 7, 2003 - 6:00 P.M. - Commission Chambers
1. Invocation - Commissioner Hibbard
2. Pledqe of Alleqiance - Mayor
3. Introductions, Awards and Presentations - Given
a) 2003 State Legislative Wrap-Up - Representative Kim Berfield
b) Florida State USSSA State Championship Winners - Clearwater Heatwave 10 - U Boys.
c) Clearwater Little League Majors Division All Star Team for winning District 12 Championship.
d) Proclamation: Clearwater Fire Fighters Appreciation Week - August 11-15, 2003.
4. Approval of Minutes - 7/17/03
ACTION: Minutes approved as submitted.
5. Citizens to be heard re items not on the Aqenda:
John Doran said the new bridge span now seems to be near level and he is glad physics
and the roundabout still work.
Edward Hopwood, representing the Pinellas County Dental Association, requested the
Commission reconsider its decision and support the addition of fluoride to County water.
Suzanne Boshan and Marcia Lambert spoke against closing the beach library and Ms.
Boshan presented a petition in opposition to that proposal.
PUBLIC HEARINGS
6. Public Hearinq & F!rst Readinq Ord. 7164-03 - Approve the applicant's request to vacate a
drainaqe and utility easement and a sanitary easement portion, both more particularly described
in Exhibit "A" attached. (V2003-09 KB Home Tampa, LLC)
ACTION: Approved. Ordinance passed 1 st reading.
7. Public Hearinq & First Readinq Ord. 7165-03 - Approve the applicant's request to vacate
Penmar Drive riqht-of-way from the easterly riqht-of-way line of Bayview Avenue to the easterly
terminus of Pen mar Drive riqht-of-way, and retain a drainage and utility easement over the
entire width of the right-of-way to be vacated. (V2003-10 Our Lady of Divine Providence)
ACTION: Approved. Ordinance passed 1 st reading.
8. Declare as surplus for the purpose of qrantinq a perpetual Utility Distribution Easement to
ProQress EnerQY Corporation ("Grantee") a 1 O-foot wide Easement Area defined as lying 5
feet each side of Grantee's facilities to be installed at mutually agreed upon locations over,
across and through a portion of the SE 1/4 of the SW 1/4 of Section 08-29-16, as more
specifically described in said Utility Distribution Easement.
ACTION: Approved.
Public Hearing - Second Reading Ordinances
9. Ord. 7100-03 - Amend See 22.82 Special Events Applications relating to insurance
requirements.
ACTION: Ordinance adopted.
10. Ord. 7123-03 - Adopt the restatement of the City of Clearwater Money Purchase Plan
document.
ACTION: Ordinance adopted.
Commission Action Agenda 2003-08-07
1
11. Ord 7140-03 - Approve the applicant's request to vacate the W399.78' of the 50-ft railroad
easement Iyinq alonq 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)
ACTION: Ordinance adopted.
12. Ord. 7143-03 - Approve the petition for Annexation of property located at 2040 Ranqe
Road, a portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15. ANX2003-04008
(Colontonio's Fine Foods, Inc.)
ACTION: Ordinance adopted.
13. Ord. 7144-03 - Approve a Land Use Plan Amendment from Countv Industrial Limited (Il) to
City Industrial Limited (Il) for 2040 Ranqe Road, a portion of Lots 9 and 10 of Pinellas Groves in
Sec 12-29-15. ANX2003-04008 (Colontonio's Fine Foods, Inc.)
ACTION: Ordinance adopted.
14. Ord. 7145-03 - Approve a Zoninq Atlas Amendment from the County M-1. Liqht
Manufacturinq and Industry. to City IRT. Industrial, Research & Technoloqy District for 2040
Ranqe Road, a portion of Lots 9 and 10 of Pinellas Groves in Sec 12-29-15. ANX2003-04008
(Colontonio's Fine Foods, Inc.)
ACTION: Ordinance adopted.
15. Ord. 7146-03 - Approve the petition for Annexation for 2500 Sunset Point Road, Lot 41,
Skyline Groves in Sec 06-29-16. ANX2003-04009 (Robert L. and Marcia A. Warren)
ACTION: Ordinance adopted.
16. Ord. 7147-03 - Land Use Plan Amendment from County Commercial General (CG) to City
Commercial General (CG) for 2500 Sunset Point Road, Lot 41, Skyline Groves in Sec 06-29-16
ANX2003-04009 (Robert L. and Marcia A. Warren)
ACTION: Ordinance adopted.
17. Ord. 7148-03 - Zoninq Atlas Amendment from the County C-1, Neiqhborhood 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)
ACTION: Ordinance adopted.
18. Ord. 7154-03 - Repeal Ord. 7015-02, which amended paraqraph (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.
ACTION: Ordinance adopted.
CITY MANAGER REPORTS
19. Approval of Purchases per Purchasinq Memorandum:
a) Fleet Products, Inc., Tampa, Florida for a purchase contract for vehicle replacement parts
during the contract period: 10/01/03 through 06/07/04 for $150,000. GS/SW
b) Florida Department of Transportation. Tampa, Florida, Change Order for utility relocation
construction for $224,521.40 an increase of $24,521.40. PW/ENG
ACTION: Approved.
Commission Action Agenda 2003-08-07
2
20. Award a contract to Briqqs Equipment. Rivera Beach. Florida, in the amount of 539.641 for
the purchase of one (1) New Case 588G Forklift in accordance with Section 2.564(1)(d). Code
of Ordinances - Florida State Contract #760-001-03-1. (CGS)
ACTION: Approved.
21. Approve a Post-Closinq Aqreement between Home Depot U.S.A.. and the City of
Clearwater to amend the amount of time to purchase materials for the Community Sports
Complex project and qualify for the return of $75.000 of the purchase price for the Home Depot
building acquisition. (PR)
ACTION: Approved.
22. Accept a 4.033 square foot, MOL. Sanitary Easement conveyed by Morton Plant Hospital
Association, Inc. on June 2, 2003, over and across a portion of the NE 1/4 of the NE 1/4 of
Section 21-29-15. (PW)
ACTION: Approved.
23. Approve the final plat for "BriQhtwater Cove" located on Briqhtwater Drive approximately
400 feet east of the intersection of Harnden Drive and Brightwater Drive. (PW)
ACTION: Approved.
24. Accept a 701 square-foot, MOL, perpetual Riqht-of-Way and Utilities Easement qranted by
the School Board of Pinellas County, Florida, conveyed for 51 and other consideration, over
and across a portion of the SE 1/4 of the NE 1/4 of Section 11-29-15. (PW)
ACTION: Approved.
25. Accept a 57 square-foot, MOL, perpetual Riqht-of-Way and Utilities Easement qranted by
GeorQe S. and MarQaret R. Bryant, conveyed for 52,200 and other consideration over and
across a portion of Lot 90, Ambleside Subdivision 2nd Addition. (PW)
ACTION: Approved.
26. Accept a Water, Sanitary and Utilities Easement from Gary G. Halverson. Inc., conveyed
for $1 and other consideration, over and across portions of Lot 1, Loehmann's Plaza. (PW)
ACTION: Approved.
27. First Reading Ord. 7182-03 to approve amendment to Chapter 51, Section 51.08 of the
Code of Ordinances to provide for the use of newly released flood insurance rate maps. (PW)
ACTION: Approved. Ordinance passed 1st reading.
28. Adopt Res. 03-27 authorizinq the City to enter into an aqreement with CSX Transportation,
Inc., for installation of 472 feet of 54-inch storm pipe and 52 feet of twin 50-inch x 30-inch box
culvert in the CSX right-of-way, and approve Pipeline Crossing Agreement No. CSX-045328 at
a cost of $12,240. (PW)
ACTION: Approved. Resolution adopted.
29. Appoint one member to the Environmental Advisory Board (ORLS)
ACTION: Appointed Judy McSwine.
30. Update re: IAFF Neqotiations - None.
31. Other Pendinq Matters - None.
Commission Action Agenda 2003-08-07
3
CITY ATTORNEY REPORTS
32. Other City Attorney Items
a) Amend the FY02-03 Professional Services budget for the City Attorney's Office to add
550,000 for a total of 5325,000. (CA)
ACTION: Approved.
32. City Manaqer Verbal Reports - None.
33. Commission Discussion Items:
a) Proposed Amendment to Florida League of Cities' Charter.
ACTION: Recommended opposing the amendment.
b) Florida League of Cities Officers Election (Board of Directors).
ACTION: Reviewed slate.
c) Reconsideration of the Old Bay Character District South Transition.
ACTION: Approved reconsideration of action taken at August 5, 2003 meeting AND
Approved area north of Drew Street, east of Clearwater Harbor, south of Jones Street and
west of N. Ft. Harrison Avenue to be designated as part of the Old Bay Character District
with building heights limited to 150 feet and a FAR limit of 0.5.
d) Countryside Cougar Article
ACTION: Consensus to support Commissioner Hibbard writing an informational column
for the Countryside Cougar. Ask if any interest in rotating among Commission members.
34. Other Commission Action:
Hibbard said he recently visited the Phillies Stadium/Community Sports Complex and
reported the project is coming along well.
Hibbard said he had enjoyed attending the groundbreaking for the new Northwest Fire
Station.
Hibbard welcomed back Bob Bickerstaffe to the audience.
Hibbard sent prayers and good wishes for the recovery of Art Kader, who is hospitalized.
Gray and Hamilton said school is back in session and reminded residents to drive carefully
and observe school zone speed limits.
Jonson said he had enjoyed last week's Chamber legislative breakfast.
Jonson said the legislative session will start soon and encouraged work on the City's
legislative agenda begin.
Jonson encouraged Commissioners to attend next Thursday's advocacy committee meeting
at the Florida League of Cities conference.
Commission Action Agenda 2003-08-07
4
Jonson said on 7/28/03 he had joined the Economic Development team at the offices of
Great Companies LLC, an investment organization.
Jonson reported a US 19 construction update meeting is scheduled at Countryside Mall at
8:00 a.m. on 8/20/03.
Jonson recommended residents act like tourists and eat at a beach restaurant.
Jonson asked residents to remember to pick up litter so we have a Sparkling Clearwater.
Hamilton apologized for the delay of the Commission's return from Philadelphia, which
resulted in cancellation of last Monday's Work Session.
Hamilton wished his wife a happy anniversary in July and a happy birthday in August.
Hibbard wished his wife a happy birthday
Aunqst requested those with questions related to school"choice" to please contact Pine lias
County Schools.
Aunqst said he enjoyed last weekend's trip to Philadelphia with the Chamber of Commerce
and visiting the Phillies new ~tadium, where he announced one inning of the ballgame on local
radio and discussed Clearwater.
Aunqst reported the grand opening of the Chick-FiI-A on Gulf-to-Bay Boulevard is scheduled
for 8/14/03.
Aunqst announced a Special Budget Work Session is scheduled for 8/19/03 at 9:00 a.m.
Aunqst expressed condolences to Duke Tieman on the loss of his daughter.
Aunqst reported the next Work Session is scheduled for 8/18/03 at 9:00 a.m.
35. Adiournment - 7:12 p.m.
Commission Action Agenda 2003-08-07
5
Clearwater City Commission
Agenda Cover Memorandum
Work session Item #:
Final Agenda Item #
Meeting Date:
. \
~
08/07/03
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate a drainage and utility
easement and a sanitary easement portion, both more particularly described in the proposed
ordinance attached, (A.K.A. 2551 Harn Avenue), and pass Ordinance Number 7164-03 on first
reading, (V2003-09 KB Home Tampa, LLC),
00 and thaI the appropriate offiCials be authOrized to execute same
SUMMARY:
. The subject property is in the process of being replatted and is to be developed into an aD-lot development to
be known as "Waterford Townhomes".
· The drainage and utility easement was created in 1978 to provide a retention pond for treatment of runoff from
an adjacent property. The applicant has designed a new stormwater system for the subject property that will
continue to handle the runoff from the adjacent property in a manner that meets all city and state permitting
requirements.
· The 15-foot sanitary easement portion to be vacated is located approximately 5-feet west of the existing
sanitary sewer line the easement was created to protect. The applicant will dedicate a new 15-foot sanitary
easement centered over the existing sanitary sewer.
· The Planning Department has issued a Development Order approving the proposed townhouse development
and has no objections to the vacation request.
· Progress Energy, Bright House, Verizon and Verizon Media Ventures have no objections to the vacation
request.
. Public Works Administration has no objections to the vacation request.
Reviewed by:
Legal / "':117
<-. nIJA.../
N/A
N/A
N/A
Info Srvc
N/A
Costs N/A
Total
Budget
Purchasing
Risk Mgmt
Public Works
Current FY
Funding Source:
CI
OP
Other
I ~~"':.'=:' 1SJI AI......,.~
o Printed on recycled paper
Attachments
Ord.7140-03
Location Map
Appropriation Code:
VACATION 2003.08 City of Clearwater.Clearwater Industrial Park
ORDINANCE NO. 7164-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING DRAINAGE AND UTILITY
EASEMENT AND A PORTION OF A SANITARY EASEMENT
LOCATED ON LOT 1, BRADFORD COURT; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, KB Home Tampa, LLC, owner of real property located in the City of
Clearwater, has requested that the City vacate the drainage and utility easement and a
portion of a sanitary 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:
drainage and utility easement described as: from the Northeast corner of
the Southeast ~ of Section 19, Township 29 South, Range 16 East,
Pinellas County, Florida, run N 890 28' 57" W, along the North boundary of
the Northeast ~ of the Southeast ~ of said Section 19, a distance of
383.50 feet to a point; thence S 010 26'51" W, 105 feet to the Point of
Beginning: Thence N 890 28' 57" W, 77 feet to a point; thence N 010 26' 51"
E 93 feet to a point; thence N 890 27' 57" W 37 feet to a point; thence S 010
26' 51" W 160 feet to a point; thence S 890 28' 57" E 37 feet to a point;
thence N 010 26' 51" W 57 feet to a point; thence S 890 28' 57" E 77 feet to
a point; thence N 010 26' 51" W 10 feet to the Point of Beginning; and the
north 240 feet of the 15-foot sanitary sewer easement lying 7.5 feet on
either side of the following described line: Beginning at the Northeast corner
of the Southeast ~ of Section 19, Township 29 South, Range 16 East and
run thence N 890 28' 57 W, 765 feet along the North line of said southeast
~ for the Point of Beginning; thence run S 010 07' 36 W, 338 feet; thence
run S 890 28' 57" E, 95.0 feet; thence run S 730 52' 24" E, 56 feet to the
point of ending.
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.
Ordinance No. 7164-03
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Com missioner
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7164-03
"A"
EXHIBIT
Scale 111 = 100'
This is not a survey
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CITY OF CLEARWATER, FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
K8 HOMES OF TAMPA. lLC VA~~-';-09
VACA TION REQUEST ItUT
SANI T ARY SE'M:R EASEMENT 2 Of' ~
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07/07/,003 DRAIN. &. UTlL. EASEMENT 19-29S-'6C
LOT " BRADfORD COURT 7~J
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Work session Item #. ;)1\ . //
Final Agenda Item # }7
Meeting Date. Oa)07/03
Clearwater City Commission
^gcnda Cover Memorandum
SUBJECT/RECOMMENDATION: Approve the applicant's request to vacate Penmar Drive right-of-
way from the easterly right-of-way line of Bayview Avenue to the easterly terminus of Penmar
Drive right-of-way, and retain a drainage and utility easement over the entire width of the right-of-
way to be vacated. and pass Ordinance Number 7165-03 on first reading, (V2003-10 Our Lady of
Divine Providence),
00 and that the appropriate officials be authorized to execute same.
SUMMARY:
. The applicant is seeking the vacation in order to incorporate the vacated street portion into the property to help
facilitate future redevelopment of the site.
. The applicant owns all of the property adjoining Penmar Drive and no property will lose access to a street as a
result of the vacation.
. The Planning Department has no objections to the vacation request.
. Bright House has no objections to the vacation request.
. Progress Energy, . Verizon and Verizon Media Ventures have no objections to the vacation request provided
that a utility easement is retained.
. The City of Clearwater has an 4-inctl water line, a 2-inch gas line and an 8-inch sanitary line in the subject
right-of-way portion.
. Public Works Administration has no objections to the vacation request so long as a drainage and utility
easement is retained over the full width of the right-of-way.
Reviewed by: -- ".
legal C!..JI)[L. Info Srvc
Budget N/A Public Works
Purchasing N/A DCM/ACM
Risl{ Mgmt N/A Other
Originating Dept: '7
Public Works Adminlstr tlon
Steve Dohe
User Dept.
N/A
CurrentFY
Funding Source:
CI
OP
Other
N/A
Costs N/A
Total
(
N/A
Attachments
Ord. 7165-03
Location Map
Submitted by: J J
City Manager~ ~
Appropriation Code:
~ Printed on recycled paper
VACATION 2003-10 Our Lady of DIvine ProvIdence
ORDINANCE NO. 7165-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA, VACATING, PENMAR DRIVE RIGHT-OF-WAY
FROM THE EASTERLY RIGHT-OF-WAY LINE OF
BAYVIEW AVENUE TO THE EASTERLY TERMINUS OF
PENMAR DRIVE RIGHT-OF-WAY, SUBJECT TO A
DRAINAGE AND UTILITY EASEMENT WHICH IS
RETAINED OVER THE FULL WIDTH THEPEOF;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Our Lady of Divine Providence, House of Prayer, Inc. owner of real
property located in the City of Clearwater, has requested that the City vacate the right-of-
way depicted in Exhibit A attached hereto; and
WHEREAS, the City Commission finds that said right-ot-way is not necessary for
municipal use and it is deemed to be in the best interest ot 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:
Penmar Drive right-ot-way from the easterly right-of-way line of Bayview Avenue to
the easterly terminus at Penmar Drive right-of-way, further described in the
attached Exhibit "A"
is hereby vacated, closed and released, and the City of Clearwater releases all of
its right, title and interest thereto, except that the City of Clearwater hereby retains
a drainage and utility easement over the described property for the installation and
maintenance of any and all public utilities thereon.
Section 2. The City Clerk shall record this ordinance in the public records at
Pinellas County, Florida, following adoption.
Section 3. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
Ordinance No. 7165-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Com missioner
Approved as to form:
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-.. -BrYaJ] 11. Ruff..---- \/1
Assi~ant City Attorney /)
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7165-03
THAT PART OF PENMAR DRIVE LYING SOUTHE AS TERL Y OF LOT J, BLOCK 7 OF J.P. MCMULLEN'S SUBDIVSION OF
SAYI/lEW ACCORDINT TO THE MAP OR PLAT THEREOF RECORDED IN PLAT BOOK 6. FAGE 23 OF THE PUBLIC
RE CORDS OF PINE lLAS COUNTY, FLORIDA, BE ING MORE P ARTICUlARl Y DE SCRIBE D AS FOLLOWS I
FROM THE NORll-IIYESTERLY CORNER OF TRACT "e" OF MYRON A. SMITH'S BAYVIEW SUBDIVISION. ACCORDING TO
1HE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 25, PAGE 57 OF THE PUBLIC RECORDS OF PINELLAS
COUNTY, FLORIDA, RUN THENCE S. 21 DEGREES 06' 48" E., 204.15 FEET TO THE POINT OF BEGiNNING;
1HEt.JCE CONTINUE S. 21 DEGREES 06' 48" E., 49.58 FEET TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF
SAID PENMAR DRIVE; THENCE ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE. S. 68 DECREES 53' 12" W,
104.61 FEET TO THE NORTHEASTERLY RIGHT-Of-WAY LINE OF BAYVlEW AVENUE; THENCE ALONG SAID
NORTHEASTERLY RIGHT-OF-WAY LINE, N. 21 DEGREES OS' 48" W. 50.00 FEET TO THE NORTHWESTERLY
RIGHT-OF-WAY LINE OF SAID PENMAR DRIVE; THENCE ALONG SAID NORTHWESTERLY RIGHT-OF-WAY LINE. N. 69
DEGREES 07' 00" E.. 104.61 FEET TO THE POINT OF BEGINNING.
CON rAINING 0.1 196 ACRE S. MORE OR LE S S.
EXHIBIT
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PUBLIC WORKS AD~INISTRATlON
ENGINEERING
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Agenda Cover Memorandum
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City CommiSSion
Item 10: 36
Submitted 106-16-2003
Preferred Date 108-07-2003
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Latest POSSible Date 108-21-2003
Actual Date i
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I:hc sub]c:c: C:l:'l:Y Di~:ribu:lon ia",c~cn: qrants ~r')lres5 incrgy easl'mcn: and authority ~
Ifce: >:):::'1 side)[ '1:':' -:f i:2 dis:r:but1c:-, :lnos ::u-tqhou: ::',n proicc: 1n ardor :'J
f;:lC1:'':':3:e .:.ns:)::1:ion, rlU1ntC!l1nCe, :If..-i, 1f nccess:lr'/, futur.:, rc~oe,,'~I'_)!l of sue:,
[aC1:1::CS ;:IS ~1Y he mu:ual:''l ~qrccd upon bctwecll :~c CIty and ?roqress ~ncrgy.
i... C':O'/ :)! ::1':' c:;se:nc'n: :bcu:n,::;n:,l:ion 1S :l'/,lllable
~eccrds and Leql~la:lvc Scrvlccs.
fr ~
~.
review 1n :~e Cfflce of Official
..:J
Originating Department IEngineering
Category, I Agreements/Contracts - without cost
~ Section: IAdministrative public hearings
~
.:-:J
r1-.----.--
I
Number of Hard Copies attached:
Public Hearing:
jYes
Advertised Dates: 107-27-2003
~
- Review Approval: (Signature indicates approval.)
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----______1
t'
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Second Reading
("\.
Y
ORDINANCE NO. 7100-03
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO SPECIAL EVENTS; AMENDING SECTION 22.82
SPECIAL EVENTS APPLICATIONS, PROVIDING AN
EFFECTIVE DATE.
Whereas, the City of Clearwater Special Events Committee 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. more than 50 persons or vehicles, naming-#le-sfty
as an insured in the amount of $500,000.00. 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 bodily iniurv coveraqe.
ffit:lst-ge provided by the owners of such veffisle57
Section 2. This ordinance shall take effect immediately upon adoption.
PASSED ON FIRST READING
July 17, 2003
Ordinance No. 7100-03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
@/
Laura Opowski
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7100-03
ITEM #
Second Reading
I{;
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
.July 17. ?OOl
Ordinance No. 7123-03
PASSED ON SECOND AND
FINAL READING AND ADOPTED
Brian J. Aungst, Mayor-Commissioner
Approved as to form:
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 LEI Defi n i ti on s. . . .... .... .... .. . . .... . .. . .. . . .... . .. . . .. . . . .. .. ... .. .. .. . . .. .. .., . .. . . .. .. .. .. .... ........ .... . .. 2
1.1 Accou nt or Acco u nts . . . .. . . .. . ... . . .. . . . .. . . . . .... . .. . . . . . . . .. . . ... . .. . . . . . . .. .. ... .. . . . . . . . . . . ... . ... . ... . . ... . .. 2
1.2 Ad m i n is t ra to r. . .. . .. .. . .. .. .. .. .. .. .. .. .. .. .. .. . . .. .. .. .. .. . .. . . . .. .. .. .. .. . .. . . . .. .. .. . .. . .. .. . .. .. .. . . .. .. . .. . . .. .. .. 2
1 . 3 Ann i v e rs a ry D ate. .................................................................................................. 2
1.4 An n u a I Add itions: ... ... . . .. . . .. . .... . ... . ... . . .. . .. . . .. . . . . . . . ... . ... . ... . . . . .. .. .... .. . . . . .. . ... .... ... . .... . ... . .. 2
1 .5 Cod e. ..................................................................................................................... 2
1. 6 Compensation........................................................................................................ 2
1.7 Directed I nves tment Fun d. . ... . .... . .. . . . .. . . .. . .. . . . . . . . ... . .., . .. . .. . . . ....... .. . . . . .. . .., . .. . .... .... . ... . .. 3
1.8 Effective Date.................................. ........................ ........................... ................... 3
1 . 9 Employee............................................................................................................... 3
1. 1 0 E n1 p I oyer. ... . . .. . . .. .. . . .. . .. . . .. . .. . . .. .. . . . . . . .. . .. .. . .. . . . . . . .. .. ." . .. . .. . . . .. .. .. . .. . .. . .. . . .. . .. . .... .. .. . .. . . . . 3
1.11 Emp loyer Co ntrib utio n Accou nt. .......................................................................... 3
-1~i~h~y-Gorn~RSate~mployee:........................................................... ............... 3
1.12 fThis section intentionallv left blank) ....................................................................3
1.1 3 Lim itation year................................................................................................... 4~
1.14 Normal Retirement Date ....................................................................................4~
1 . 1 5 P a rti ci pan t. ........... . .. . . .. . .. .. . .. . ... . .. .. . . .. . .. . .. .. . . . .. . .. .. .. . . .. . .. . . . . . .. . .. . .. . . . .. . .. . . .. . . .. . . .. . . . .. . 4~
1. 1 6 Pia n . . .. . . .. . . . .. . .. . . .. . . .. .. . .. . .. .. . .. . .. .. . .. .. . .. . .. .. .. . . . .. . .. .. .... . .. .. .. .. .. . . .. . .. .. . . .. . .. . ... . . . .. . .., . .. . . 4~
1.17 Plan Ad m i n is trato r.... ... . . ... . .. . ... . .. . .. . ... .... ... . . . . . . ... .... . ...... . .. .. .... .. .. " .. ... . .... .... . ... . ... . 4~
1. 1 8 Plan Year. ............................................................................................................ 4
1.19 Pooled Investment Fund......... .......... ....................... ......... .................... ............... 4
1.20 Rollover Contribution Accou nt. ............................................................................4
1.21 Section 415 Compensation.................................................................................. 4
1.22 Segregated Investment Fund............ ................ ..... ........................... ...................4
1.23 Trust................................................................................................................... a1,
1.24 Trust Agreement.............. ......... ................ ............. .... ........................................ a1,
1.25 T ru s tee. .. .. .... .. . . .. . . .. . . .... . .. . . .. ..... . .. .. .. .. .. .. ... . .. . . .. .. . . .. .. . .. .. .. .. . . . .. .. .. .. . . .. .. .... .... . ... . .... a1,
1.26 Trust Fund. .......................................................................................................... 5
1.27 Valuation Date ............. ..................................................................... .... ............... 5
1.28 Valuation Period........... ..................................... .... ............ ..................................5
ARTICLE II Establishment and Name of the Plan .....................................................6
2.1 N a me of Pia n. ....... . .. . ... . . . . . . . . . . . . . .. .. . . . . . . . .. .. . ..... . . . . .. . . . . . . . . . . . . . . . . .. . ... . . .. . ... .. . .. .. . .. .. ... . . . . . 6
2.2 Excl usive Ben efit. .. . ... . . . .. .. . . . . . . .. .. . . .. . .. . .. ... ..... .. . . . .. . . . . . .. .. .. . . . . . . .. . ... . ..... ... ... .. . . ... . '" . . . .. 6
2.3 Mis take of Fact.. .................................................................................................... 6
2.4 P a rtici pa nts I Rig h ts. ............................................................................................... 6
2.5 Qua I ified P I an. ....................................................................................................... 6
ARTICLE III Plan Administrator ................................................................................... 7
3.1 Administration of the Plan. ..................................................................................... 7
3.2 Powers and Duties. ................................................................................................7
3.3 Direction of Trustee. .................... ......... ................... ............. .......... ........... ............7
3.4 Conflict in Terms.................................................................................................... 8
3. 5 Fin a I Aut h 0 r i ty . . .. . .. . .. . .. .. . . .. . . . . . . .. . .. . .. . . .. .. .. . .. .. .. .. . . . . .. . .. . . . .. . .. . . . .. . .. .. . .. .. .. :.. . . .. .. .. .. .. . . ... 8
3.6 Appointment of Advisors and Delegation of Duties................................................ 8
ARTICLE IV Elig ibility and Partic i pation ..................................................................... 9
4.1 Eligibility and Participation.. ................................................................................... 9
4.2 Former Emp loyees. . . . . .. .. .... .. . . ... ... ... ... . . .... ....... . .. . . .. .. .. . .... .. . . .. ... ... . ....... .. ... .. ..... ....... 9
4.3 Change of Eligibility Status. ................................................................................... 9
ARTICLE V Contributions to the Trust...................................................................... 10
5.1 Employer Contributions...................... ............... ..... .................. ............... ............. 10
5.2 Form and Timing of Contributions........................................................................ 10
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
11
ARTICLE VII Benefits Under the Plan .......................................................................15
7.1 Retirement Benefit. ...................... .............. ................. ............... .......... ................15
7 .2 Termination of Employment Benefit..................................................................... 15
7.3 Death Benefit....................................................................................................... 15
ARTICLE VIII Form and Payment of Benefits ...........................................................17
8.1 Tirn i ng and Form.................................................................................................. 17
8.2 Manner of Payment. ............................................................................................ 17
8.3 Lump Sum Payment. ...........................................................................................17
8.4 Periodic Adjustments. .......................................................................................... 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 Termination ................................................................ 22
10.1 Restrictions on Amendment and Termination of Plan........................................ 22
10.2 Amendment of Plan. .................................................................................... ...... 22
10.3 Termination of Plan......... .......................... .........................................................22
10.4 Termination Procedure.. ....................................................................................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 Procedures.. ....... ;.............................. ........... ...... ..................................24
11.3 Failure to Designate. ..........................................................................................24
11.4 Charges and Credits.. ........................................................................................ 24
III
11 .5 P roced u res.. .., .... .... ... ..... . .... .... . .. . .... ... . ... . ... ......... . ... . ... . .... .... .... . .. . ... ..... . ... . ... ... . .. 25
ARTICLE XII Miscellaneous....................................................................................... 26
12.1 Alienation........................................................................................................... 26
12.2 Govern ing 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
13.1 Availability of Loans........................................................................... 27
13.2 Time and Manner of Repayment... ...... ............ ... ............... ............ '" ..... 29
13.3 Default...... ... ......... ... .., ... ......... ... ......... .., ......... ...... ... ... ... ... ............... 29
13.4 Effective Date...... ... ... ... ... ......... ...... ...... ... ...... ..... .... .... .., ...... ...............29
IV
CITY OF CLEARWATER
MONEY PURCHASE PENSION PLAN
THE CITY OF CLEARWATER, FLORIDA (the "Employer") hereby
estaeHsflesrestates this money purchase pension plan, a tax-qualified defined
contribution plan this day of , +99-1,2003, to provide supplementary
retirement and other benefits for certain eligible employees.
W!INESSETH:
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." sflaU-meaR
(a) F oF-l;m~leyees-em~leYeG-fA-a-pesjtjeR-0tfleF-tflaFl-Gjty-ManageF"Compensation"
shall mean the regular salaries and wages, bonuses, overtime pay, holiday time,
accrued vacation-aM.1 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 6mpk3yeremployer 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. severanGe-pay-or deferred compensation.
(b}--For-an-employee-employed- in-the-position--of-Gity--Manager,
'-'Gompensation'~-shall-Illeannannllal-base-salary,as-defined-in-the-employment
agreement- between-the-City -and-the-Gity-Manager~
(GQ) 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 June-2-3,--1-997,Januarv 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 '-'Hiqhlv-Gompensated-Emplovee~shaH-mean-any-Employee-who~rThis section
intentionally left blank.]
(3) (-1-)-du ring-t he-preGeding-P-Ian-Y-ear-had-SeGtieR-4--1-5-Gemf)ensatien-fR--e XGess
of-S80,OOO-(-adjusted-under-su6h-regulations-as-ma y-be-issued--by-the-SeGFetary-ef-the
1=reasury)-and-at-the-ele6tion-ef-tAe-employer,was-a-member-ef-the-'-'tep-f)aid-gf0u~
f)F0videG,that-as-used-herein~top-paiEi-groll~hall-meaR-aIl-Emf)loyees-wA0-are-in-the
tep-200/o-of--tAe-Employer~s-work-for-c-e-oA-the-basi&-of-Se6tion-4-1-5-Gompensatien-paid
during-the-yeaF.-previded,further-,-that-for-pl:Jrposes-of-determining-the-number-ef
~ployees-in-the-tep-paid-grBl:Jp,€mployees-des6RGed--+n-SeBtien-4-~€t-)(-8-}-of-tHe
tnternal-Revenl:Je-Gode-sAall-be-e-xeIHdeG;-or
(-2-}---a-five- perBeAt-f{)%)-owner-of.-the-Empleyer-a t-any-time-du ring
the-year-or- t he-preGeding-year-:
~
-'
(e-)--F-OF--pU/f}OSe5-eHflis-parafjf-aph,t!:le-eetermination-of-SeGtion-4-1-5
Gompens-ation-sAaH-ee-based--Bn~y-on-SeGtion-4-1-5-GempeAsat~on-thaHs-aGtuaIly
paid-anEl--s!:l~l-ee-maee-9y-inGttfeiAg-eleeti-ve-oF-salaf}l---red UGt ion-GOntffbtft ions-to
a-plaA-desGfibeEHn-SeGtion-~ef-the--Gode,a-plafKiesGFibed-in-SeetfoA-40-1-(k-)
ef-t!:le-GBEie-ef-a-plan--deSGfibed-in-SeGt 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 t 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 "Seqreqated 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 Aqreement" 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"
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 diverted 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 ihe Code
as a tax-qualified employees' plan and trust, and the provisions of this Plan and the
Trust are to be interpreted accordingly.
G
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 Adlrlinistrator 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.
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 shall control.
3.5 Final Authority. 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.
~
ARTICLE IV
Eli~ibilitv and Participation
4.1 Eli~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 Employees. 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 Eli~ibility 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 Military Service. Notwithstandinq any provision of this plan to the
contrary, contributions, benefits and service credit with respect to qualified military
service will be provided in accordance with Section 414(u) of the Code.
9
ARTICLE V
Contributions to the Trust
5.1 Employer Contributions.
(a) Employer Contributions. For each Plan Year, the 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
ARTICLE 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 aR-aGGount...--eesignatee-as-the-Employer
Gontribution-AGG0unh-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 Adiustments 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 sl1all be credited witl1 contributions made during the
Plan Year, as follows:
11
(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) N0twitR&tang~AgEffective 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 S3G,GOQ40.000 or
2-5100% of the Participant's Section 415 Compensation for such Plan Year. This
limitation is subiect to independent cost-of-Iivinq 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 the
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.
fG-}--~ffeetive-feF-P-lan-Y-ears-begH:lAing--prioF-to-JanuaFY-l,-2GGG.in-the
event-tl1at-al1y-PaFtieipant-partieipates-in-both-a-defined-benefit-plan-and-a
oefinee-oontribution-plan-maintained-by-his-~mployer-tl1ereof,then-the-sum-of
the-Qefineo-Benefit-P-Ian- F-raGt ion-a no-the-Qefined-Gontribution-P-Ian-F-r-aet ion-fer
an y-bimita tioA-Y-ear-sl1all--not-e xGeea-1"","(),;,
(-1-)-T-he-Defined-Benefit--Plan-F-Faetion-is-a-fr-aetion,-the
numerator-ef-whieh-is-the-projeGtea-anntlal-benefi.k)f-the-Partieipant-uneer
the--defineG-genefH-plan-determinoo-as-ef-ttle--Glese-of-the-birrmatien-Y-ear
anEi-the-deneminator-ef-whiGh-is-the-Jesser-of-(AHI1e-pfeduet-ef-1~time5
the-dellaHimitatiOFHA-effeet-HAder-SeGtion-4i{)(b ) (-1-) (A)-of-t he-Gode-for
suGh-bimitatien-Y-ear-or-fB-)-the-pr-eduet-of-14-times-the-amoHnt-tAat-may
ee-taken--into-aeeount-Hnder-SeGtion-4-1-e(b-)(-1-)(B-)-of-the-Gode-witfl..-fespeet
te-sHGh-Partieipan~r-suGh-bfmitaHon-Y-eaF7
(-2-)-T-he-Qefined-Gontri9Htion-P-lan-F-r-aGtion-is-a-fFaGtion,-the
numer-ator-of-whiGh-is-the--sHffi-of-the-Annual-Additions-to-the-P-aFtiGipant-!s
AGeounts-a 5--of-the-Blose-of-t Ae-bil-llitation-Y-ear-(les5-any-amOUf=lt-tAat-may
be-subtraGted-from-the-numerator-in-aeeordanGe-witA-any-applieabIe
statutes,notiees-or-rulings )-and-tAe-OenominatoF-of-whiGh-is-tHe-sHfT-l-of
the-lesser-of-the-fellowing-amounts-determined-for-suGh-year-and-fer-eaeh
f'}rior-year-ef-serviee-wit h-the-~mpJoyer-7-(A)-the--produGt-ef-.:h2-5-times-the
dollar-timitation-in-effeGt-under-Seetion-4-1-S( G) (-1-)(A)-of-the-Goee-foF-s UGh
bimitation-'Y-ear-(<:ietermined-withoHt-regard-te-Seetien 11 5(G}{6)--ef-the
Goee-)-or-(-Q-}-the--prodHet-of-1-A-times-the-amoHnt-that-may-ee-taken-into
aeoount-under-Seetion-4-1{)(G-)(-1-)(B-}-of-the-Gode-with-respeet-te-suen
PaFtieipant-for-suGh-bimitation-Y-ea F7
(A-)-I f-an-~mployee--was--a-P-art ieiJ3an t-as-of-tne--end-of-the
first-day-of-the-fifst-bimitation-~ear-begiflning-afteF-Qeeemeer-3-1,
-1-986,in-one--or-more-eefined-BOntribution-pla ns-maintained-ey-the
~mployer-tAat-was-in-existenee--en-May-6.,1-986,tAe--ntllller-ator-of
the-Qefined-Gontribution-P-Ian-F-r-aetion-will-be-adjustea-if-the--sum-of
t/1e-Qefined-Gontribution-P-lan-F-raetion-and-the-Qefined-Benefit
Plan mF-raet io n-would-otherwise--e xGeed-1--;O -lInder-the-teFllls-of-this
Pia n.---U nder-t he-ad j ustmen t ,-a n-amollnt-eqllal-to-t he-prod lIet-of+1-)
1.1
the excess of ti=le-sHm-ef-ti=le-ffaetiens oveF 1.0 times-(-2-)-ti=le
OeflemiAater of tAe-GefiAed ContfieutteR--P-Iafl-MaBtkm,-wilt-ee
~aAeAtly subtFacted from--the-At:1meratoF-ef-the-QefiAeG
Contribl:ltieA-P.km-~Fa~
(-8) The adjustmeAt-tmGef-sl:lepafaWttph (^) is-eaIBl:llateo
t:1&iR~e fractions as they WGtHd be computed as of the-eAd-ef.-tAe
last Limitation Vear beginning befeFe January 1, 1987, aRe
disregaffiing any changes in the terms and ceAoiti9fl&-E>f-ti=le Plan
made after May 5, 1986, but using thEHimitatioIHJRder-Seeti0A~-e
af the Code that is ap~e to the fiFSt-bimftatien Year begiAAifl9
oo-er-after Janua~
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 amount
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, such 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 such 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
15
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 amount 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)
pursuant 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.
~-',
C? i
19 With respect to distributions under the Plan made for calendar years beqinninq
on or after January 1. 2002. the Plan will apply 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 January 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 quidance published
by the Internal Revenue Service.
8.2 Manner of Payment.
(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. NetwithstandingFor Plan Years beqinninq on or after
January 1 , 2002, notwithstandinq anything contained in this Plan to the contrary, any
benefit payable under the Plan, which is not more than $3,5GG,5,OOO, 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
IX
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 Beneficiary 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 Rollovers.
(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(a}; 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
19
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 Employer 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 Emplovee
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 use 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).
~ 1
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 amount 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 Rol/over 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 al/ obligations and duties under the Trust.
23
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
I nvestment 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
2-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 (he same respectively are due and payable
under the terms of this Plan and the Trust.
12.2 Governinq 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 S838.15 and
9838.16);
(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
26
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
ARTICLE 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 $1.000.00.
(e) A loan will be authorized only in the event of an immediate and
29
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 spouse, 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 Internal Revenue Service in
revenue rulings, notices and 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 500/0 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 shall 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 the
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 .1-991-:-2003.
day of
Countersigned:
CITY OF CLEARWATER, FLORIDA
By:
Brian J. Aungst
Mayor-Commissioner
William B. Horne II
City Manager
Attest:
Cynthia E. Goudeau
City Clerk
J I
Second Reading
/1
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
July 17, 2003
Ordinance No. 7140--03
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
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Assis(ant City Attorney "
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7140-03
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PUBLIC WORKS ADMINISTRATION
ENGINEERING
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Ordinance No. 7140-03
Sec:ond Reading
),2
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 tlas petitioned the City of Clearwater to annex the property into the
City pursuant to Section 171044, Florida Statutes. and the City has compiled with all applicable
requirements of Florida law in connection with this ordinance; now, tllerefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Tile following-descnbed property is tlereby annexed Into tile City of Clearwater
and the boundary lines of tile 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 otller dedications to the public. which have
heretofore been made by plat. deed or user within the annexed property. Tile City Engineer, tile
City Clerk and the Planning Director are directed to include and sllow the property described
herein upon tile 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 attaclled hereto, with the Clerk of the
Circuit Court and with the County Administrator of Pinellas County, Florida, witllin 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
July 17, 2003
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:Si,de~'
Assistant City Attorney
Cyntllia E. Goudeau
City Clerk
Ordll1<lnce No 71'U-G3
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. 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 ICounty)
To: IL IRT
Case:
ANX2003-04008
Property
SizelAcres) :
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PIN:
12/29/15/70182/100/1004
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Alias Page: i 27 I B
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Exhibit A
Ordinance No. 7143-03
Second Reading
13
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, VvHOSE 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 described
property, upon annexation into the City of Clearwater, as follows:
Property
Land Use Cateqorv
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 9 163.3189. Florida Statutes.
PASSED ON FIRST READING
July 17, 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Ae9roved as to fQmr .'/'"
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Leslie'K. Dougall-Sides)
Assistant City Attorney
Attest:
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 14 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 14 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
Property :
Site: 2040 Range Road 1 10
Size(Acres): \
-_..-"---- ~_______u _~.... __ . I
Land Use Zoning
PIN: 12/29/15/70182/100/1004
From: IL Ml (County)
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To: IL IRT A fias P(l~Je,
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Ordinance No. 7144-03
Second Reading
/ 1.-1
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, RESEI-\RCH & TECHNOLOGY
(IRT); PROVIDING AN EFFECTIVE DATE
WHEREAS, the assignment of a zoning district classlflcallon as set forth In tllis ordinance
is found to be reasonable, proper and appropnate, and is consistent Wlttl tile 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 PincllLls County, FlorrdCJ, is hereby
zoned as indicated upon annexation into the City of Clearwater, Lind the zoning nULls of the City is
amended, as follows:
Property
Zoninq District
See legal description attached
(ANX2003~04008)
IndustriCJI, Resenrch & Technology (If~T)
Section 2. The City Engineer is directed to revise the zonln~J nUns of the City In
accordance with the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon C1doptlon. contl/1gent upon
and subject to the adoption of Ordinance No. 7143-03.
PASSED ON FIRST READING
July 17. 2003
PASSED ON SECOND AND FINAL
READING AND ADOPTED
Brian J. Aungst
Mayor-Commissioner
Approved as to form:
Attest:
/, '. J-/ ( .(, . (( ,1:'(:.':'
" ,(, t ' , / .' ( I. \-7(.'-(' , .i .
Leslie K. Dougall-Side~
Assistant City Attorney
Cynthia E. Goudeau
City Clerk
O,dll1<1nce No i'145.03
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. 7145-03
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Owner: Colontonio's Fine Foods. Inc. Case: I ANX2003-04008
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Ordinance No. 7145-03
Second Reading
I /
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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 propeny Into tile
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, and shall file a certified copy with the Florida Department of State within 30 days after
adoption.
PASSED ON FIRST READING
July 17, 2003
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 -146.03
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Proposed Annexation
Owner: Robert L. & Marcia A. Warren Case: ANX2003-04009
Site: 2500 Sunset Point Road Property 0.20
Size (Acres):
Land Use Zoning
PIN: I 06/29/16/82710/000/0410
,
From: CG C 1 (County) I
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Exhibit A
Ordinance No. 7146-03
Second Reading
/(
!
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 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 comprellenslve 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 Cateqory
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 S 163.3189, Florida Statutes.
PASSED ON FIRST READING
July 17, 2003
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
Attest:
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Cynthia E GoudecHl
City Clerk
OrdlntlnCl' No 7147.03
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Site: 2500 Sunset f~oinl Rood
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Ordinance No. 7147-03
Second Reading
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/ /
ORDINANC E 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, tile assignment of a zoningJlstnct classification as set fortll III tillS OrdII1CiIlCt=
is found to be reasonable, proper and appropriate. and is consistent wltll tile City's comprellenslve
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 tile 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 tile zoning atlas of the City In
accordance witll the foregoing amendment.
Section 3. This ordinance shall take effect immediately upon adoption, contingent upon
and subject to the adoption of Ordinance No. 71 ~6-03.
PASSED ON FIRST READING
PASSED ON SECOND AND FINAL
READING AND ADOPTED
July 17, 2003
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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City Clerk
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Owner: Robert L. & Marcia A. Warren
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Ordinncne No. 7148-03
Second Reading
let
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, RELATING TO WATERWAYS 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
July 17, 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. 7154-03
L-/
LEGEND
Proposed Addition To The
Existing Minimum Wake Zone
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Clearwatcr City Commission
Agenda Co\'cr rvlclllorandum
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Worksession Item t:r: ( .~ ) ~
Final Agenda Item ;:: '2 ()
r.leeting Date: S.... -7 - (i '3
SUBJECT/RECOMMENDATION:
:\\\'ard a Contract to Briggs Equipment, Ri\'l?ra Beach. Florida. in thc amount ofS39.u-l1 .00 for the purchasc of
one (1) :\'ew Casc 5SSG Forklift in accordance with scction 2.56"+ (I) (d). Code of Ordinances - Florida Statc
Contract =760-00 I -03- I.
~ and that the appropriate officials be authorized to execute same,
SUMMARY:
. This is an additional Forklift to be add cd to thc Fleet to meet increased operational and safety rcquircments in
support of Clearwater Gas Systcm.
. Over the last ten (10) Fiseal Years Clearwatcr Gas System has expanded it's customcr basc from I 1,256 to
16.792 customcrs and expanded into Pasco County. With this rapid expansion and increascd profitability
Clearwater Gas System has ordercd material, LP Tanks and appliances in larger quantities to reduce costs and
incrcasc profitability. Our CUlTent 3,000-pound capacity forklift no longer mcets opcrational or safcty
requiremcnts. Thc new Case 5S8G. 8,OOO-pound capacity forklift will allow Clearwater Gas System to meet
current and futurc operational and safety requiremcnts.
. Clearwater Gas Systcm coordinated with Fleet to insure that the new forklift could handle the heavicst loads,
which include LP tanks and bundles of polycthylenc pipe while mceting all operational and safety
req ui rements.
. A third quarter budget amendment will establish project 3 I 5-96380. Gas Forklil1. This item will bc funded
from available gas operating rcvenues.
Reviewed by: Originating Dept: Costs
Clearwater Gas System
Legal N/A Info Tech N/A '\ Total 539,641,00
Budget 4 Public Works N/A User Dept. Funding Source:
learwater Gas System [I(
Purchasing 1J4 ACM Current 02/03 CI
POC: Tom Sewell-562-4912 FY
Risk Mgmt N/A Fleet Attachments OP x
Other
Submitted by: "'D 'j' J J
City Manager ~ ~""\....
'." Print~d on recycled paper
2/98
Ap ro riation Code:423-02176-590800-5B1-000
Rev,
x None
~ Clearwater
C~~~~-C~
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i J\-Page 1 of 1 ~~
Agenda Cover Memorandum
City Commission
Preferred Date: 108-07 -2003
Item 10: 112
Latest Possible Date: 108-07-2003
Submitted: 107-14-2003
Actual Date: 108-07-2003
..:J
~
- Subject / Recommendation:
Appro~e a l)ost-Closin~l Agrecnlc:~t belwce~ ?~~me Daps: U.S.A., and the :~ty of C:earwate~ to 4
amClld the amou~t o~ ti~e La purchase mater:als for the Corr~unity S~2rts CO~F~ex project
and qual:~y for the return of 575,000 of :~e purchase price for the Home DeFot building
acuu i s: ~o=-:.
..::J
- Summary:
On April 4, 2002, the City Commission appro'led a Purchase and Sale :\:.Jr'eement i:,ell-Ieen the ...
Home Cepot, U.S.A. and the City of Clearwater [or the purc~ase of a ~acant Ha~e DepoL
ouilding for development of the ~ew Community Sports Complex.
A provision in the Purchase and Sale Agree~ent provides [or a return of $7~,OCO o[ the
purchase price if $250,000 in materials is purchased from Home DepoL towards t~e
development of the Community Sports Complex.
The Agreement calls for the $250,000 in materials to be purcllased b~ August 25, 2003.
Based upon the construction schedule the 5250,000 worth of materia:s will not be sccured
prior to August 25, 2003. The Post-Closing Agreement allows for the extension of time to
purchase the materials and qualify for the return of the 5-5,000 through Dece~ber 22,
2003. All necessary materials will be purchased a~ this point based upon the
construction schedule.
There is no expense associated with the execution of this ~greeme~t.
.:::J
Originating Department: I Parks and Recreation
IAgreements/Contracts - without cost
..:J Section: I Consent Agenda
.=1
.=1
Category:
Number of Hard Copies attached:
Public Hearing:
INO
~
- Review Approval: (Signature indicates approval.)
ICyndic CioudcDlI 07-28-200310:10 ISiII Horne 07-28-2003 13:27:52
IGarry Brurnbilck 07-17-2003 1 t)'33: ICyndie Gourje()ll 07-29-2003 11: 10
;; JI
POST-CI.OSI:\C :\CREE:\IE\T
TIll S POST-CLOSI NCi ACiREElvt ENT (hereinafter referred to as "Agreement")
is dated as of the EfTecti\'C Date (as detined helnw) and is hereby made ~lIld entered into
hy and hetween IIO\IF D!.:POT L:,S.A.. INC,. a Delaware corporation (hen:inafter
rdi:rred to as "llomc Depot" ur "SL'lkr"). TilE CITY OF CLEARWATER. a mll11icipal
corporation of the State of Florida (hereinafter referred to as "Clearwater" or
"Purchaser"), and BRY:\j\;T. i.."tILLER AND OLIVE. P,/\, ("I~scro\\' Agent").
\\' ! I :'I E fi B. E T H:
\"11 EREAS. Home Depot. as sdkr. and Clearwater, as purchaser. closed on the
purchase and sale of a tract or parcel of land containing approximately 8.63 acres. lying
and being in Clearwater. Pincllas County. Florida (the "Sale") on August 30. 2002 (the
"Closing" and the "Effecti\'c Date"): and
\"IIEREAS. Clearwatcr and the Philadelphia Phillies Major Leaguc Bascball
franchisee have negotiated and exccuted agreements relating to the dcvelopment and
construction of a sports stadium f~lCil ity consisting of a natural grass ballpark and stadium
meeting major league baseball spring training standards. with approximately 7,000 fixed
scats, outficld berm seating and other appurtenant f~lcilities (the "Community Sports
Complcx"); and
\"HEREAS, Homc Depot. Clearwater, and Escrow Agent. upon consummation
of thc Sale, agrecd that thc following provision from the purchase and sale agreement
would survive Closing (thc "Price Concession Incentive Provision"):
I,(e) At closing. the parties shall deposit with the Escrow Agent, or the Escrow Agent
is directed and authorized to retain Irom the Sellcr's proceeds. Scventy-Fivc Thousand and No/IOO Dollars
(S75,OOO.00)(the "Purchase Price Concession Incentivc"), Escrow Agent shall invest the Purchase Price
Concession Inccntivc in a fcderally-insured interest bearing account. All intercst which accrues on the
Purchase Price Concession Incentive will ratably belong to the party or parties which arc cntitled to rcceive
the Purchasc Pricc Concession Inccntive, Thc Purchasc Price Concession Inccntivc shall bc disbursed by
the Escrow Agcnt no latcr than three hundred and sixty (360) days allcr Closing as follows:
(i) In the evcnt thc Purchaser prcsents the Sellcr and Escrow Agent \\;th evidence in the
lorm of sales receipts Irom Scller of Two Hundred Fi l1y Thousand and Noll 00 Dollars
($250,000,00) of purchases (exclusive of all taxes) made by thc Purchaser, the
Philadclphia f\1ajor League Baseball franchisc. their agcnts, contractors or other parties
involvcd with thc development and construction of thc Community Sports Complex (as
hcreinaftcr defined), thc Escrow Agcnt shall disburse the Purchase Price Conccssion
Incentivc to the Purchaser. The Escrow Agcnt shaIlmake such disbursemcnt, provided
the Seller makes no objcct ion to thc amount or veracity of the sales reccipts prescntcd. of
the Purchase Price Concession Incentivc to the Purchaser within ten (10) days aileI'
receipt of such evidence.
(ii) In thc evcnt the Purchascr timcly presents thc Seller and Escrow Agent with evidencc in
the form of sales rcceipts from Sellcr of less than Two Hundred Filly Thousand and
No/IOO DoIlars ($250,000.00) of purchases (cxclusive of all taxes) made by Purchaser,
thc Philadelphia Major League Bascball franchise. thcir agents. contractors or other
ATLOli11455603\'6
parties lIl\'llhed with th~ d~\l.'lopl11~nt and l",!~~truction l'l ln~ COl11l11unity SpOrlS
Complex (as hl.'rl.'inalkr ddin~dl. tht: hcrow :\~~nt shall dl:,bt:rse Ihe Purchase Price
Concl.'ssion llll:enli\e, togl,ther with all aCL'rUt:d IIllerl.'sl, ratably ["",tween the parties. The
ratable disbur:-l.'l11ent l)f the Pur~hase I'rlCl.' Concession Incenti\l' It) the Purchasl.'r shall bl.'
arrived al by multiplyint: Ihe Purcha:'l' Price C":h:ession Incentive, together with all
aCl.:nll.'d IIlterl'sl, by a ti'acl1on Cnl11lh)S~d of the tolal amount of :,.lles receipls presented as
the nUl11erator and T\\\l Ilul1lhl.'d Fifty Thousand and NollOO Dollars (S250.00(),OO) as
the dl.'nlll11inator. :\11 rel11:lllling tllIld.'; shall then bl.' disbursed w thl.' Seller. The Escww
Agent ~hall lllake ~lIdl disbllrSellll.'nt. provilh:d Ihe Seller makes no objeclion to the
amounl "I' vl.'racity ,)f Ihe qll.'s rl.'L'l.'lplS prl.'senll.'d, three hllndrl.'d and sixty (3(,()) days
aHer ('losing, TimL'ly prl.'sl.'nt:ltion by PlIl'I:haser Il' Ihe Escro\\' Agent and Sdh:r of sales
n:ceipts ti'om Selll.'r musl OL'cur within Ihrl.'L' hllndr..:J and !iHy (.350) days aHl.'r Closing,
and;
\\'H EREAS. pursuant to lh~ Price Concession Incentive Provision, Sevcnty-
Five Thousand and Noll 00 Dollars ($75,000.00) of Homc Depot's proce~ds (the
"Purchase Price Concession Inccntivc" or the "Escrow Deposit") wcre withheld by
Escrow Agent to be disbursed to Clcarwater and/or Home Depot in accordance with the
Price Concession Incentive Provision: and
'''HEREAS, Clearwater requires additional time beyond said three hundred
fifty (350) days within which to makc the purchases required under the Price
Concession Incentive Provision: and
\\'HEREAS, Clearwater and Homc Depot wish to modify and clarify the Price
Concession Incentive Provision.
NO'" THEREFORE, in consideration of Ten Dollars ($ I 0.00) and
other good and valuable consideration exchanged and received between the
parties, the receipt and sufficiency of which are hereby acknowledged by each of
the parties hereto, the undersigned do jointly and severally for themselves, their
successors and assigns do hereby declare, covenant and agree as follows:
1. .)rice Concession Incentive. The Price Concession Incentive
Provision shall be restated in its entirety as follows:
Escrow Agent shall invest the Purchase Price Concession Incentive in a federally-
insured interest bearing account. All interest which accrues on the Purchase Price
Concession Incentive will ratably belong to the party or parties which are entitled to
receive the Purchase Price Concession Incentive. The Purchase Price Concession
Incentive shall be disbursed by the Escrow Agent no later than four hundred and eighty
(480) days after Closing as follows:
(i) In the event the Purchaser timely presents the Seller and Escrow Agent
with evidence in the form of sales receipts from Seller of Two Hundred
Fifty Thousand and Noll 00 Dollars ($250,000.00) of purchases (exclusive
of all taxes) made by the Purchaser, the Philadelphia Major League
2
ATLOI/I145%03v6
Baseball franchise. thcir agcnts, contractors or other partics in\'olvcd with
thc dcvelopmcnt and construction of the Community Sports Complex, and
furthcr provided that such purchases are made for thc developmcnt and
construction of thc Community Sports Complex, the Escrow Agcnt shall
disburse the Purchase Price Concession Incentiw to the Purchaser. The
Escrow Agcnt shall make such disburscmcnt, provided the Scller makes
no objcction to thc amount or veracity of the sales receipts prcsented, of
thc Purchase Price Concession Incentivc to thc Purchaser within ten (10)
husincss days after rcccipt of such c\'idence. Timely prescntation by
Purchaser to the Escrow Agent and Seller of sales receipts frol11 Seller
mllst occur within four hundred seventy (..PO) days aftcr Closing.
(ii) In the event the Purchaser timely presents the Seller and Escrow Agent
with evidence in the form of sales receipts from Scller of Icss than Two
Hundred Fifty Thousand and NolI 00 Dollars ($250.000,00) of purchases
(exclusive of all taxes) made by Purchaser, the PhiladclJlhia Major Lcague
Baseball franchise, their agcnts, contractors or other parties involved with
the development and construction of the Community Sports Complex, and
further provided that such purchases arc made for the development and
construction of the Community Sports Complex, the Escrow Agent shall
disburse the Purchase Price Concession Incentive, together with all
accrued interest, ratably between the parties. Thc ratable disbursement of
the Purchase Price Concession lncentivc to the Purchaser shall be arrived
at by multiplying the Purchase Price Concession Incentive, together with
all accrued interest, by a fraction composed of the total amount of sales
receipts presented as the numerator and Two Hundred Fifty Thousand and
No!! 00 Dollars ($250,000.00) as the denominator. All remaining funds
shall then be disburscd to thc Scllcr. The Escrow Agent shall make such
disbursemcnt, provided thc Sellcr makes no objection to the amount or
veracity of the sales receipts presented, four hundred eighty (480) days
after Closing. Timely presentation by Purchascr to thc Escrow Agcnt and
Seller of sales receipts from Sellcr must occur within four hundred seventy
(470) days after Closing.
2. Fees and Expenses of Escrow Al!ent. Clearwater shall pay any and all
fees and expenses of Escrow Agent. Escrow Agent is not authorized to dcduct such fees
and expenses from the Escrow Deposit. Failure of Home Depot to perform any
obligation to Escrow Agent shall not diminish any obligation of Escrow Agent to
Clearwater. Escrow Agent does hereby waive, release and relinquish any rights it may
have by contract, statute or otherwise to use all or any portion of the Escrow Deposit (in
particular, but without limitation, any investment thereof) to payor offset against any
present or future debt or obligation owed to it by Clearwater or Home Depot and agrces
that it shall make no claim against the Escrow Deposit on account of any such
indebtedness or obligation.
3
ATLOI/114SS603v6
3. Notices. Any noticc, dcmand. request, or other communication which any
party hcrcto may be requircd or may dcsirc to givc hercunder shall be in writing and shall
bc addrcsscd as follows:
I r to I-tomc Depot:
I-tome Dcpot U.S.A., Inc.
2455 Paces Fcrry Road, N\V
Building C, 20th Floor
Atlanta, Georgia 30339
Attention: Jeff Israel, Esq.. Senior Corporate Counscl
Telephone Number: (770)384-2908
Facsimile Number: (770) 384-3042
with a COj2YJQ:
Alston & Bird LLP
One Atlantic Center
1201 West Peachtree Strect
Atlanta, Georgia 30309-3424
Attn: Daniel R. \Vecde, Esq.
Telephone Number: (404) 881-7529
Facsimile Number: (404) 881-7777
tfto Clearwater:
The City of Clearwater
Municipal Services Building, 100 South Myrtle Avenue
Clearwater, Florida 33756
Attention: Kevin Dunbar, Director of Parks
Telephone Number: (727) 562-4800
Facsimile Number: (727) 562-4825
with a copy to:
The City of Clearwater
112 South Osceola Avenue
Clearwater, Florida 33756
Attention: Pamela Akin, City Attorney
Telephone Number: (727) 562-4020
Facsimile Number: (727) 562-4021
with a copy to:
Bryant, Miller and Olive, P.A.
201 South Monroe Street, Suite 500
Tallahassee, Florida 32301
Attention: Mark G. Lawson
Telephone Number: (850) 222-8611
Facsimile Number: (850) 222-8969
4
ATLOl/l145560h6
It'to Escrow Agent:
Bryant, r\-liller ancl Olive. P.:\.
20 I South Monroe Strect. Suite SOO
Tallahassee, Florida 3230 I
Attention: Mark G. Lawsun
Telephone Number: (S50) 222-86 I I
Facsimi Ie Number: (850) 222-8969
or at such other address as the party to be scrved with notice may havc furnishcd in
writing to the party seeking or desiring to serve notice as a placc for the servicc of notice.
Notices shall be deemed properly given if eithcr (i) personally delivcred (including
delivcry by couricr ser\'ice or by Fcdcral Express, UPS or an)' other nationally recognized
ovcrnight delivery service) to thc offices set forth abo\'e. in which casc thcy shall bc
deemcd receivcd on the first business day by which dclivcry shall have bccn madc to said
ofticcs: or (ii) sent by certilied mail, rcturn receipt requested. in which case thcy shall be
decmcd reccived whcn receipted for unlcss acknowledgment of rcccipt is rcfuscd (in
which case delivcry shall bc deemed to havc bccn rcccived on thc tirst busincss day on
which such acknowlcdgmcnt is rcfuscd). For thc purposc of this Agrccll1cnt "busincss
day" shall mean any day which is not a Saturday, Sunday, or fcderallegal holiday. and on
which bunking institutions in Texas are open for thc transaction of business.
4. Counterparts. This Agreement may be executed in onc or more
counterparts, cach of which shall be an original, but all of which shall constitutc one and
the same instrumcnt.
5. Successors and Assh!ns. This Agreement shall be binding upon and inure
to the benefit of the parties hereto and their respective successors and permitted assigns.
6. Governinl! Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida.
7. Escrow Al!ent. Escrow Agent may resign from its duties under this
Agreement by giving Clearwater and Home Depot forty-five (45) days written notice of
such resignation and delivering all the Escrow Deposit and accounts thereof as Home
Depot directs; provided however that Escrow Agent shall remain obligated to perform its
obligations under this Agreement until such time as a substitute Escrow Agent has been
appointed and approved by Home Depot and Clearwater and has assumed the duties of
Escrow Agent under this Agreement. In perfonlling any of its duties hereunder, Escrow
Agent shall not incur any liability to anyone for damages, losses or expenses, except for
negligence, default or breach of trust, and it shall accordingly not incur any such liability
with respect to (i) any action taken or omitted in good faith upon advice of its legal
counsel, or (ii) any action taken or omitted in reliance upon any instrument, including any
written instruction or notice provided for in this Agreement, not only as to provisions but
also as to truth and accuracy of any information contained therein, which Escrow Agent
shall in good faith believe to be genuine, to have been signed, or presented by a proper
person, and to conform with the provisions of this Agreement.
5
ATLOl/l145560h6
S. No Assil!lll11ellt. This Agreement may not be assigned or transferred by
any party without prior written consent of the other parties.
9. Pre\'ailiIH! Partv's Fees and EXllenses. In the event of a dispute between
Clearwater and Home Depot under this Agrecment, the prevailing party shall bc cntitled
to rccover from the other party on demand all fces and expenses of said prc\'ailing pany
incurred in the cnforcement of any right hereunder. including. without limitation.
attorneys' fces for counsel engaged by said prevailing pany.
10. Time of Essence. Time shall be of the essence in c\'cry provision of this
Agreement.
11. Entire A2recmcllt. This Agreement represcnts thc entire agreement
between the parties with respcct to the disbursement and application of the Escrow
Deposit and supersedes all prior ncgotiations or agrcements between Home Depot
Clearwater, and Bryant, Miller and Olive, P.A. with respect thcreto.
[SIGNATURES BEGIN ON THE NEXT PAGE]
6
ATLOl/l1455603v6
IN WITNESS WHEREOF, the City of Clearwater, Florida, l-Iome Depot
U.S.A., Inc., and Bryan, Miller and Olive, P.A. have caused this Agreement to be
executed as of this_day of August, 2003.
CITY OF CLEARWATER,
FLORIDA, a municipal
corporation of the State of Florida
Countersigned:
Brian J. Aungst, Sr.
Mayor-Commissioner
William B. Home, II
City Manager
Approved as to form:
Attest:
~v/ uL
Pamela K. Akin
City Attorney
Cynthia E. Goudeau
City Clerk
Clearwater's Federal Taxpayer Identification Number: 1-6000-289
7
ATLOIII 14SS603v6
IN \VITNESS \"HEREOF, the City of Clearwatcr, Florida, Home Depot
U.S.A., Inc., and Bryant, Miller and Olive, P.A. have caused this Amcndmcnt to the
Purchase and Sale Agrcement to be executed as ofthis__ day of July, 2003.
'/(,-( ~ ,
-' -~ "'L(I /'
I-laME DEPOT U.S.A., INC., a L.
Delaware corporation
8y:
Name:
Title:
')
~f.4?"~~4
Jeff I~rae'
Senior Corporate Counsel. Real Est.
(CORPORATE SEAL)
Homc Dcpot's Fedcral Taxpayer Idcntification Number: 1-1853319
, 7 2003
...J
'-
8
AT/..011I14SS603v6
IN WITNESS "'HEREOF, the City of Clearwater, Florida, I-lame Depot
U.S.A., Inc., and Bryant, Miller and Olive, P.A. have caused this Amendment to the
Purchase and Sale Agreement to be executed as of this ?!-q", day of July, 2003.
BRYANT. MILLER AND
OLIVE, P.A.
By'
Name:
Title:
Sil~'i/vl.)
:;?_ed
9
^TLOIII 14SS603v6
Clearwater
rl,1j
22
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Agenda Cover Memorandum
Page 1 ::,! 1
"'..",1lI;lo.4$....:.'..l;:.~>C,\.\.......vc.I.........'... f.. " 'ow. "Nf'''''' ._'-C"..' ....~ .:_.t.,_~4..",:lo...............-~...:...:;.l :a.q"''L:t\.ll_~'''_lo,o.._",_"",-'''''U;"""",'''''''''.I..."....U'__.:J.II''~'''''~''''~.~__\Mo~~.'",~~!l<.oM,~ ", ..".............~\, ~.,~...... ..."
City Commission
Preferred Date: I 08-07 -::!003
Item ID: 23
Submitted: I06.0-l-2003
~
Latest Possible Date: IOl)-O-l-2003
~
Actual Date: I
-Subject I Recommendation:
;:..\.~,.>:.;:,,: ~ ~,n:~' S'T.lar-2 L~~,:, more :~' less, _~:;nitClr~' ::.;tS"!rl",r,,: ,:'~,n'J"',/ed t~' l,!c'rton rl-:,,:-d: ...
H:\Sl>:....~l: ;...ss'-,-i;.ll:.:)n, 111:'. l,~n ...1\11'.-:: _I :':t.I('"" :>'\:~r (.~n.-i ~l":~r()ss .-1 r<lttir)n :.: the tlort:."::_ist 1
',;: tL-:: :::rth",,,:;t 1/,1 :f ,o.,.':ti''1l ':'1, T :\'m:.':'.:'!.' '''. ,..-.'.:r!" F.ilL;;", 1<:' Ed:c;t, -t::: I:\.)r.=
l' -1 1 r : :: I 1 1 -=: 1" 1 ~. -i -:- ~ -. :.'- i b -:- t: 1'1 --:- :>~ i I"1 .
..:.I
-Summary:
l.l:.rt.-:'l Fl",nt E'.'sr:.ta1 .::'.ss,>..:icttiul:, Ill':', I_'.:~.:lldsed th", subj",::t prop.;>rL~' HI 1('(,(' L:r t.he
~urpcses of c~nst=uctlng ~ child je~elopm~~t center as ide~:lfied in the Morten Flant
H:'S1:Ji:dl ':.'':llIir'JS :,!clster Flan, dS dl~,enj",d,
r,,-,\",,,l.~p:,ent of tr.e h), ,)(1(1 s,'!u,'lre f,:'..~t Center necessitated ~'eloci1tion elf an e;.;istin.J
s,'lllir-;,c; lin.,. th5t tl',~':er.se:l tllt'e entire 1':':-'9tl1 of tho:-- sitoO' ben'?ath th.:- r-re:'I,os,.,:1 .:-=nt",[.
Th~, S'l!:.j,-:.:t 9~'c.nt estc.blishes c. t-::n-foot e"sement :,-,rriclor '.:ithin Hhich an 8-in<..~h
:3cH1i~';,C; line ~,!ill boO: ,:clr.strll>..'tt.,:! an.:1 lOU:",.-.! al\)tln:! the fc'.:,tprint of the ne'.'; \~enr-:.r.
The fcnr.-::r sdnitdl-~' line litj' \o.'ithin Zi ten-:oot eilsem.,.nt <)l'6nted in l~q(, that terminated
~O ye6rs follcwi~~ the gr~nt. The }rant ex~iration !'rec1uJes the need tc ~acate the prier
"2ctsern-::-nt.
A ~crY of the easement dc~umentaticn is a~~ilable for re~ie;: in the Office of Offlce
F.ec(..r':ls .:;ncl LO:-9isl.:tti':e S-2l":ices.
.=J
Originating Department: I Engin~crlllg
~ Section: IConscnt Agcnda
~
Category:
Agrcclllcnts/Contmcts - without cost
..
Number of Hard Copies attached:
II
Public Hearing:
INo
~
- Review Approval:rSlgnatllre indicates approval.)
('\Ild,..: (j(ltld~i\lI 11"-;:'J-211(l, t 111,\ IHIIII"'I\\\.' (\~-;:~~-2(1(\.~ l.~ 21\:12
\'''11\ HJlIlllb",'" P--I.,-_:l!lj; III
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f(Q , c.;l ~
Return to
Eall Barrett
Engineering Administration
City of Clearwater
POBox 4748
Clearwater, FI 33758-4748
SANITARY EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the
receipt of which is hereby acknowledged, and the benefits to be derived therefrom,
MORTON PLANT HOSPITAL ASSOCIATION, INC.,
a Florida Corporation
326 Jeffords Street, Clearwater, FI. 33756
does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, an easement over, under
and across the following described land, lying and being situate in the County of Pinellas, State of
Florida, to-wit:
DESCRIPTION: Ten Foot (10') Sanitary Easement (see attached EXHIBIT ''A'~
A Ten Foot strip of land lying in the NE % OF THE NW % of Section 21, Township 29
South, Range 15 East, Pinellas County, Florida, being Five Feet each side of the
following described centerline:
Commence at the SW comer of said NE % of the NE % of Section 21, Township 29
South, Range 15 East; thence S89016'07"E along the south line of said NE % of the
NE % of said Section 21, a distance of 30.00 feet to the east right-of-way line of
South Fort Harrison Avenue, said point also being the southwest comer of that
certain boundary survey entitled 'Boundary Survey AMP Site Clearwater", by Florida
Design Consultants, inc., Job Number 101-08, dated 3/25/1999; thence continue
S89016'07'E along said south line of the NE % of the NE % of said Section 21 and
the south boundary line of said survey, a distance of 101.51 feet to the POINT OF
BEGINNING of said centerline; thence departing said south line, N03023'58"E, a
distance of 48.41 feet; thence N56042'32'W, a distance of 91.39 feet; thence
N03023'58'E, a distance of 14.55 feet to the north line of said survey and the POINT
OF TERMINATION.
Containing 4,033 square feet, or 0.093 Acres, more or less.
The CITY OF CLEARWATER, FLORIDA. shall have the right to enter upon the above-described
premises to construct and install sanitary sewer facilities in accordance with King Engineering Project:
"MPH AMP Site Sanitary Sewer Relocation" plans (Project No. 1139-048-000), and to maintain such
sanitary facilities, and to inspect and alter such sanitary facilities from time to time.
Page 2 - Sanitary Easement
Grantor: Morton Plant Hospital Assn" Inc,
Grantee City of Clearwater
Grantor hereby warrants and covenants (a) that Grantor is the owner of the fee simple title to the
premises in which the above-described Easement Area is located; (b) that Grantor has full right and
lawful authority to grant and convey this easement to Grantee and that Grantee shall have quiet and
peaceful possession, use and enjoyment of this easement. All covenants, terms, provisions and
conditions herein contained shall run with the land, and shall inure and extend to, and be obligatory
upon, the successors and assigns of the respective parties hereto.
IN WITNESS WHEREOF, the Grantor has caused this easement to be duly executed by its
proper officers thereunto authorized and its seal to be hereunto affixed, this day of
,2003,
Signed, sealed and delivered
in the presence of:
MORTON PLANT HOSPITAL
ASSOCIATION, INCORPORATED
WITNESS
By:
Witness' Printed Signature
Phillip K. Beauchamp, President
WITNESS
(corporate seal)
Witness' Printed Signature
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Phillip K. Beauchamp, as President
of Morton Plant Hospital Association, Inc., who executed the foregoing instrument and acknowledged
before me that he is duly authorized and did execute the same on behalf of said corporation as his free
act and deed for the uses and purposes herein set forth.
Signature of person taking acknowledgment
Type/prinUstamp name of acknowledger
[ ] Personally Known
[ ] Produced Identification
Type of Identification Produced
NOT TO SCALE
THIS IS NOT A SURVEY
EXHIBIT "A"
POINT OF TERMINATION ~
N89'16'07"W
.----.-- '--~-"-"---/--_Ul5D.oo'---;I- 'l.--------
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NORTH LINE OF: L~~,,- "-
"BOUNDRY SURVEY "'- " '-..
AMP SITE CLEARWA TER" ... '''':~' t..,
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AMP SITE AT
MORTON PLANT HOSPITAL
"BOUNDRY SURVEY AMP
SITE CLEARWATER"
FLO"IDA DESIGN
CONSUL T ANTS INC.
60'
30'
I
/w -l SOU THI'rtST CORNER OF:
i "BOUNDRY SURVEY AMP
30' --J SITE CLEARWATER"
S89'16'07"E
101.51'
" A" STREET
POINT Of BEGINNING
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SOUTH LINE OF:
"BOUNDRY SURVEY
AMP SITE CLEARWATER"
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ifi~
602,12
POINT OF COMMENCEMENT
SOUTHEAST CORNER OF THE
NORTHEAST ONE QUARTER or THE
NORTHEAST ONE QUARTER or SECTION 21,
TOWNSHIP 29 SOUTH, RANGE 15 EAST
UNE
BEARING
DISTANCE
SOUTH LINE OF THE
NORTHEAST
ONE QUARTER or THE
NORTHEAST ONE
QUARTER OF SECTION 21,
T29S-RI5E
N 03'23'58"[
N 89'46'15"[
N 00'34'44"[
N 56'42'32"W
N OJ'23'~8-E
LI
L2
LJ
l4
l5
48,4"
67.35'
161.47'
91.39'
14,55
CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
fill".'" 0'"
EA 8/07/OJ
AMP SITE AT MORTON OCCJ:[D .., I-~
TU4 m:... 2J
PLANT HOSPITAL tllJiOlltl IT 1MX'
10' SANITARY EASEMENT N/A , Of 2
.....<tCMO BY.
Sl;1't.....~ ENCI<NU.
Final Agenda Item #
/)
/}11
,:j~'
~
Clearwater City Commission
Agenda Cover Memorandum
.....
Work session Item #:
Meeting Date: 8/7103
SUBJECT/RECOMMENDATION: Approve the final plat for "SRIGHTWATER COVE" located on
Brightwater Drive approximately 400 feet east of the intersection of Harnden Drive and Srightwater
Drive,
lEI and that the appropriate officials be authorized to execute same.
SUMMARY:
. This proposed subdivision will replat lots 50-52, Bayside Subdivision No.2
. The applicant is proposing to redevelop the property with 9 Townhomes (attached dwellings).
. The Community Development Board approved the site plan on 04/18/13.
. A copy of the plat is available for review in the City Clerk's office.
Reviewed by:
Legal N/A
Info Srvc
N/A
Costs
Total
Budget
Purchasing
Risk Mgmt
N/A
NIA
N/A
Public Works
DCM/ACM
Planning oK, fG6 2,{~~ Attachments
Other NIA
Current FY
Funding Source:
CI
OP
Other
Submitted by:
City Manager ~ ~
None
Appropriation Code:
Printed on recycled paper
Plat brlghtwater cove.doc
PROJECT
LOCA TION
SA YSIDE
CITY OF CLEARWATER. FLORIDA
PUBLIC WORKS ADMINISTRATION
ENGINEERING
v
...._ n
DAn
TUoI
06/JO/0
C>e<:mI rr
"-HO.
LOCA nON MAP
BRIGHTWATER COVE PLAT
N/A
lOf 1
TUoI
N/A
-.... rr
.....,
~ Clearwater
~-~
I ~D
t/)\{ Page 1 of \2,(/
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. .~::~ '; - "::',~-~;,~,:::
Agenda Cover Memorandum
r.~_"""""''''_n.'_.~___.'""",,,''''~'=':' <-. '''''~r'V-,,*,.~..l . ~.".... - '.. .....,.........i1. l.... ~un.~...~... ...;....".."'"'~l..' ........ -,.; ""''''':'' ;....""..II'.v.... ~..___~Ill4..,,_.,_..........P"l4tI'oCl$O.........,_.....:.... ...............,.. _.''';'''''--';iTWI.I'~w.''M:J.~..'>'''',~. TO
City Commission
Preferred Date: I 08-07 -200~
Item 10: 94
Submitted: 107-02-2003
Latest Possible Date: 108-21-2 0()3
~
~
Actual Dale:
-Subject / Recommendation:
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In 1:'.~ :~tP '4 ,'s le::,ldt.;-L-_S 01 '.~rc'ln,i':i~'..: T02tt~:---:- ..:tnd ,:',;:,::'le~-;id..:.. ;:',lhdivi::-l. n.~ \':~rt:: ,>_I.,.t-;'tll~d
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':\JI1I..>,==,':'~-=j nei~:1b(,r$ h'Cl'!:-2d \.;ith Cit:.' EnJine>?:"':'Il(j st.j:: to de..'~:.:r' l:1 t:'d:fil: '~'l'llIIliL'.: (.\1.JI1
c1>?si':;~I,,<j to ::-:-:Iu,:e \'ehi:le sf-,eed:, '..:itiul1 th.' t,r>?,) ,1 ILl l:nprOVe :>:;ighbc.'::!',::,<! ,~,:;th.:,t:i :'::;.
The l'-:-3'.l:til1'~: r.l:.n in,::lu:le:l j"":el:'p,,-:-nt :,f C:: 1'c,ul1.j,~L,:ut:s, t:',::--,:>? rnin:-:l1:,:'lt-s, ;::.<'.;.r.'ll
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tht:- :':'.t.::~~:,:st2ct::n :)n bet.h 1.\181-:-:.' ;'.'\:~nu-:= Ztrld t':=:.:r!1-:-tt(1 .:::.'eets ~:-.~:' '.-Jill :":'nnect t':' :1
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im!)1"::':e::,-:::1ts ',:ill el-"::c'u~'d;1t:' 2tud'2I1t.s t'J ':'-1'033 i'oth 1'::;:1\'laY3 ,1: :. safe ',::.stance tr':;,. the
lOUI',--:,,!:' -;::t:.
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;, ':'1;[.:::: th.,:. -:-aSel1lent decul1lt?ntatie'l1 i,o; .'I':Zlil",b1e fer
R~cnrj~ ~nd Legis1ati\'P Se1'vic~s.
re\'iel-l
the 0::.:.ce of Ottici~l
.=J
Originating Department: I Engincc nng
~ Section: IConsent .\g.cnda
~
Category:
.\glcc IlIcnts(\lIItracls - without cosl
>oF
Number of Hard Copies attached:
b
Public Hearing:
INo
.::J
- Review Approval:rSlglla/vre lildica/es approval)
1\lIdlvl,,'(I,I":dll oj -~"-.?(Ill,~ lll'~ 11\1I111"'1I~.1)7-.~:;-2111J~ 1,211),1
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Return to:
Earl Barrett
Engineering Department
City of Clearwater
p, 0, Box 4748
Clearwater, FI. 33758-4748
Parcel No, 11-29-15-00000-140-0200
[ -
RIGHT OF WAY & UTILITIES EASEMENT
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the
receipt of which is hereby acknowledged, and the benefits to be derived therefrom, the
SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA
C/O Real Property Management
11111 South Belcher Road, Largo, Florida 33773
(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 Southeast V. of the Northeast V. of Section 11, Township 29 South,
Range 15 East, 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 unto itself all rights of ownership of
the easement premises not inconsistent with the easement rights granted herein.
PaQe 2 - RIW & Utilities Easement
RE: Parcel No. 11-29-15-00000-140-0200
Grantor: School Board of Pinellas County
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 WITNESS WHEREOF, the Grantor has caused these presents to be executed in its name
by its undersigned duly authorized officers this _ day of , 2003.
Signed, sealed and delivered
I n the presence of:
SCHOOL BOARD OF PINELLAS
COUNTY, FLORIDA
By:
WITNESS signature
Linda S. Lerner, Chairman
Print WITNESS Name
Attest:
WITNESS signature
J. Howard Hinesley, Ex-officio Secretary
Print WITNESS Name
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this day of
, 2003 by Linda S. Lerner, Chairman of the School Board of Pinellas
County, Florida, whom, being duly authorized, executed the foregoing instrument on behalf of said
school board, and acknowledged the execution thereof to be her free act and deed for the use and
purposes herein set forth.
My Commission Expires:
Notary Public - State of North Florida
Type/Print Name
[ ] Personally Known
[ ] Produced Identification
Type of Identification Produced
PaQe 3 - RfW & Utilities Easement
RE: Parcel No, 11-29-15-00000-140-0200
Grantor: School Board of Pinellas County
Grantee: City of Clearwater, Florida
STATE OF FLORIDA:
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this _ day of
, 2003 by J. Howard Hinesley, Ex-officio Secretary of the School Board of
Pinellas County, Florida, whom, being duly authorized, attested the execution of the foregoing
instrument on behalf of said school board, and acknowledged the attestation thereof to be his free act
and deed for the use and purposes herein set forth.
My Commission Expires:
Notary Public - State of Florida
Type/Print Name
[ ] Personally Known
[ ] Produced Identification
Type of Identification Produced
Approved as to form:
Print Name
School Board Attorney
Clearwater
/'
},r; ,
-,)
Pago 1 01 2
Agenda Cover Memorandum
? '^/ ,1
City Commission
Preferred Date: 108-07-2003
Item ID: 66
Submitted: 106-23-2003
~
Latest Possible Date: 108-07-2003
~
Actual Date:
-Subject / Recommendation:
Accep~ a 57 square foot, more or :ess, p0rpetua~ ~ight-of-Way and Ctilities Easement
granted by George S. and Margaret R. 3ryant, conveyed for 52200.00 and other
consljcration over and across J portlon of Lot 90, AMBLESIDE S~~D~VISI0N, SECOND
ADDl:l0N, as more particular:y described therein.
...
..:J
- Summary:
In ~he late 90's residents of Grandview ~errace and ~~b:eside subdivisions were concerned
with lncreasing vehic~e traffic and pedestrian safety within their neighborhood.
Concerned neighbors wor~ed 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 devc:opment of two roundabouts, three mini-circles, several
medians and speed tables, and replacement of a number of stormwater pipes and structures.
The subject Right-of-Way and Utilities Easement allows widening the turn radius at the
northwest corner of Casler Avenue and Palmetto Street, and is one of five such casements
obtained to facilitate construction of the roundabout and pedestrian improvements at that
intersection.
In consideration of the Grantor conveying the casement, the City contractor will remove a
diseased palm tree adjacent to the easement area, and reconstruct the Grantor's driveway,
the tota~ cost of which is estimated at S2200.00.
It is anticipated the roundabout and other intersection improvements will be completed
prior to classes resuming at Kennedy Middle School in the Pall.
A copy of the easement documentation is available for review in the Office of Official
Records and Legislative Services.
..:J
Originating Department:
Category: I AgreementS/Contracts - with cost
Section: I Consent Agenda
.=1
.=1
Number of Hard Copies attached:
11
Public Hearing:
INO
~
- Review Approval: (Signature indicates approval.)
ICynd!f! (jnurle<1u (J / -:.!H-~()(}J 1tU 1 ICyndlc GoueJenu U 1-2~!-2003 13: 14
IGarry BrUlllhnck 07 -~~9-2()03 12: 10: IBill Horne 07-29-2003 l3' 57:43
-p v~/ 1
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. 0, Box 4748
Clearwater, FI. 33758-4748
Parcel No. 11-29-15-00903-000-0900
L
RIGHT OF WAY & UTILITIES EASEMENT
i
!
-----'
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,
George S. Bryant and Margaret R. Bryant, husband and wife
1654 Palmetto Street, Clearwater, FJ. 33755-5514
(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 90, 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 - RIW & Utilities Easement
RE: Parcel No. 11-29-15-00903-000-0900
Grantor: George S. Bryant & Margaret R. Bryant
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 ~~/~ WHEREOF, the Grantor has caused these presents to be executed this ~
day of "7 ' 2003.
Signed, sealed and delivered
In the presence of:
4.///2/
George S. Bryant
~~i9~~1
Print WIT ESS Name
WI~
Print WITNESS Name
. ." c;;,/ .r::.~< /";;:::-" '" - -r--.-
-' '. .7" ./ \., ~--, )., ... t.l //'/ ..
Margaret R. Bryant /"/
i-
STATE OF FLORIDA
: ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this~/~ay of t
2003 by George S. Bryant, a married man, who executed the foregoing instrument and ac owledged
the execution thereof to be his free act and deed for the use and purposes herein set forth.
~..../.#/ d?:~ . My Commission Expires:
N~~~S~~~rth Florida
<:::' _ _ / /~./. /7,_ ~ .::;;-:r. EARL W. B~l,,;;'.~~l
~L--~. ~~ ~ 'f.fiiI..~ MYCOMMI~SION if CCY2'ln'X1 J
Type/Print Name '?'~orl\~~ EXPIRES' M~y In. 2\X14
l,r.UJ.~NOI'JlY~ Fl HOlllly S<""':.':'.~':..'::._
[ ] ~sonally Known
[c..-YProduced Identification
Type of Identification Produced
~t.. b,e./t/w 4CEN''{'E....
Paqe 3 - R/W & Utilities Easement
RE: Parcel No. 11-29-15-00903-000-0900
Grantor: George S. & Margaret R. Bryant
Grantee: City of Clearwater, Florida
STATE OF FLORIDA
ss
COUNTY OF PINELLAS
The foregoing instrument was acknowledged before me this.;1 /~ay of ~ . ,
2003 by Margaret R. Bryant, a married woman, who executed the foregoing I trument and
acknowledged the execution thereof to be her free act and deed for the use and purposes therein set
forth.
~- ~~
~ )a ;; ~
No' ry Public - ~ Florida
~U/ ~~/-
Type/Print Name
My Commission Expires:
-J
~~:;'4~ EARL W. BARRETT
.' ~ ~ MY C'OMMISSION ~ CC927~Y6
~~c, f\.'O~ EXPIRES: May 20. 2(x\.I
l.1Xl').).NOT^RY Fl tl"'-!>'Y SOI\';"" & Ikloj.,v.: ",c
-----
[ ] yersonally Known
[vfProduced Identification
Type of Identification Produced
j-t. ))al 'pe,e i .kc~'AlSL
EXHIBIT "A"
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~----------~----_:~--
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.........
R 107.95' L 5.84'
Della 3'05' 59-
C 5;835'
N87"47'23-W
POI NT OF
BEGINNING
ISE CORNERI
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Leaal Description
-.
Begin at the Southeast corner of Lot 90, AMBLESIDE SUBDIVISION,
SECOND ADDITION, as recorded in Plat Book 64, Page 17, of the Public
Records of Plnellas County, Florida, for a POINT OF BEGINNING;
thence N89018'23"W along the South boundary of said lot a distance of
9.88 feet to a point of curvature; thence along a curve to the right, being
the South boundary of said lot, having a radius of 1 07.95 feet, a central
angle of 03005'59", an arc length of 5.84 feet, a chord bearing
N87047'23"W, and a chord distance of 5.835 feet; thence N65036'23"E, a
distance of 12.67 feet; thence N31051'45"E, a distance of 8.09 feet to a
point of Intersection on the East boundary of said lot; thence
SOo026'10"W along the East boundary of said lot a distance of 12.45 feet
to the POINT OF BEGINNING. Containing 0.0013 acres, more or less.
PAL ME T T 0 S T R E E T
SCALEl il ",2
: ss
II AFFIDAVIT OF NO LIENS II
STATE OF FLORIDA
COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared George S. Bryant
and Margaret R. Bryant, husband and wife, whom, being first duly sworn, do depose and
say:
1. That they are the owners of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
Lots 90, AMBLESIDE SUBDIVISION, SECOND ADDITION, as
recorded in Plat Book 64, Page 17, Public Records of Pine lias
County, Florida.
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on said property for
which there are unpaid bills for labor or materials against said property, except: NONE
4. That there are no liens or encumbrances of any nature affecting the title of the
property hereinabove described, except:
That certain Mortgage dated November 17, 1978 in favor of First Federal Savings &
Loan Association of Clearwater, a Florida corporation, as recorded in O. R. Book
4778, Page 1985, Public Records of Pinellas County, Florida, having been
subsequently assigned and now owned and held by Wells Fargo Home Mortgage,
Inc., an Iowa corporation, and;
That certain Open-End Mortgage dated January 20. 1995 given in favor of
American General Home Equity, Inc., a corporation organized and existing
under the laws of Delaware, as recorded in O. R. 8897, Pages 1885 through
1888 of the Public Records of Pinellas County, Florida.
5. That it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by any government, and it is hereby
warranted that there are no unpaid assessments against the above described property
for improvements thereto by any government, whether or not said assessments appear
of record.
6. That there are no outstanding sewer service charges or assessments payable to
any government.
Page 2 - Affidavit of No Liens
George S. and Margaret R. Bryant
RE: Lot 90, AMBLESIDE SUB., 2ND ADD.
7, That the representations embraced herein are for the purpose of inducing the CITY
OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon.
("
4//U
....... George -So Bryant
re Il-&-A'// ,
WITNESS Printed Name
"
:::~'/
Sworn to and subscribed to before me this ,;? /~ay of
20~~
Nota~~e_~~f'
Print/Type Name
/p:4;/
My Commission Expires
\--"~~------....----..
. ,u~ )
,$'; r~~' EARL W, SAIWET!' >
~, ~Ig!'.r ... MY CO~.l/.ll~SlnN " IT ,~':.\" ~
~'" ~~f~ .. ,.,
'rCr'i\t.~ EXPIIH,S' hI.)' 2r., ;:';<.1
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CITY OF CLEARWATER
POST OPPlCE Box 4748,. CLWw.m!l, FLORIDA 33758-4748
TELBPHo~e (727) 562-4750 F...x (727) 562-4755
FtECEiV;;n
Inri f'
Pt:BLlC WORKS
ADMI/o1STRATION
-/ .1
t:Zt't;: ~ ~ "
May 19, 2003
Mr, and Mrs. George S. Bryant
1654 Palmetto Street
Clearwater, Florida
RE: Right of Way & Utility Easement - Additional Consideration
Dear Mr. and Mrs. Bryant;
This letter will confirm verbal understandings reached between you and City
personnel, Richard Bennett and Earl Barrett, regarding the referenced matter. In
consideration of your grant of additional easement to facilitate construction of the
Palmetto/Casler traffic calming features, the City will contract the following
improvements upon your property concurrent with project construction:
· Your existing concrete driveway will be removed and reconstructed in a
workmanlike manner and in compliance with City construction standards
for residential driveways
· The diseased palm tree at the southeast comer of your property will be
removed
Thank you for your cooperation and assistance in helping your neighbors In
Grandview Terrace and Ambleside complete these pUblic safety and esthetic
enhancements.
Sincerely,_
'~A9----
Michael D. Quillen, P. E.
Director of Engineering
~C.ived7~o/
~e.r.. S. ryaa. ~
~~
rgaret 8.. Bryan
cc: Ken Sides, Traffic Calming .Engineer
Richard Bennett, Construction Inspector II
Earl Barrett, Real Estate Services Manager
BI\Wl J. AUI<O'T, "1hYQ,,'COMM"~IUNp.n
WHITNrY GAAV, VIe! 1>1AVO~.COM!.II3SI0NEk HoYl' H,u,fllTO/'l, COlo4MISSIONEK
FPNlK HIBBMD. CO~IMIS31o""er. . Bn,LJOI'SON. COMMISSJO:-lER
"EQul\J. EMPI.O'r'MF.NT loNe> AFflR.'otAT/VE ACl'lON EMPJ.OYJ:R"
Clearwater
tl'/IO
2~,-
Pa:;", 1 of 1
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Agenda Cover Memorandum
City Commission
Preferred Date: I OS-07 -200':;
Item 10: 96
Submitted: 107-0':;-200':;
~
Latest Possible Date: I OS-2 1-200':;
~
Actual Date:
-Subject / Recommendation:
,:'..''">'r,':
I, :: ~; 1 .
:, :':,'>':o2r, Sar.it.=;r:; drd Iltilitie:o E;I"''''I~,,':-,,: tron, (;=.:"'; ~;. H,'11..:,o.:-,o,-I", Ir,~., -:on':ey-=':
:-.:-.<1 .;.th~:.' ~'\"L::'.i.!..~r':'1t'.i:~Il, ,_"o/.._.r ,."1:.] :l'.':':~,s r\l~l'~:.-r..~ '.:.lr L:..:. ..., LOEH:,~:'J::;':~ PL~.:.:'.,
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....
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- Summary:
l--~.:tl.}' (3. H..il"'t:"L:::'-.,n, !rp.... i~~ ,.i--.:......l()[:,iIP] -tIt .'[ii."-:- \..~i...\nd(jI:;,:,:'..it::!i pl',.\J~':-~- \.il :':~Jl)l'l Il'.\tLh.::'rt:~r
',.~' l,"ltH.::.:. t',,~(1d }ust. '..:e~~t :)f :h-:: ~':,_-11-r.1:i1:t sr.. '1.'0:':
:- ~ i "_" I ::: j t-- '.:: l..:: ~.' L .~~ i ~: : ;..:
! .....'. .:~1~'1 :>'~Udl'-':' f..)<,t ,.~:~i\:..'~ bl.;:.:'J::.i\.":s.
Th.: ,~.:.~': '.'al1 :,''':- r'!: ,.':: '1::-:,,: ',:"I>_!: ,:.:;.1 '-.:ll11t.',r:; ~",r\'i,"o'"s -.- ~h", :t.:"!,~l:r:n':'nt.
;l'l'~ ~3'::-,~,,'ct. "'dS'~lIlc~l.: U-clnt:' tL.:- ....it':' '. 1','n t,-,::' ',,:atei' .:;:1:! utiliti-::s 0CtSt~Ill,:nt ',dthin '..::;:. 'h
1'" llld1:',~d1r, i'II'; '.'11::': ;:c',ter I:l.1in,< t,: th,~ pr(JJt~:: up t.C rill:l :ncluJ1n':J ,:.11 hydr.:1nts and
lIl":-t,,"!'S, t.ut e:':C:!.U:l1i'y :,11 s.:-!:':i.:',~ lin.:-s :md dn': Ilh'lins tl'",t ill'li' 11":- uod0r 1)1' ;.:ithin 11':":-
f t: '= t L:: b u i 1 din g~; .
Th", '~dS",Il,,,,rlt "ls,) <:':>Il\''':i'':; c1uth-:'rilj' C','-?r the '.,;,:,stel-ly
rn,1 i n t 6 :. ;', t h", r- r.:!, 0'" r t i' I S (. - :. n,~ Ii :3 ,'1 nit ::J r :; s '" 1": i -: '" 1 i n e .
fe0t 8t the site fer the City :c
.:.. '..:',:'Pi' ::f the ":-d~3el:,-=nt (.k',:u;r',,,,nt,,ticn is ,,':aiL'1l:.1e for 1'e'::"0\'1 in th0 cffice of Official
~ecorj~ and Legisla:ive 501'vices.
..:.l
Originating Department: I Ellgill~~ rillg
~ Section: ICl)IIS~lIt :\g~lIda
~
Category:
,-\grl'~I11~lItsiC()lItracts - without cost
...
Number of Hard Copies attached:
II
Public Hearing:
INo
~
~ Review Approval:(Signa/ur8/iJdica/8s appro va!.)
(\lIdIV ('itlldc:.lU (l~-.:"'.~II(I; II' ~'7 1111111111111<: 1)~-':~S.2111); I,; I:: Ii;
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Return to:
Earl Barrett
Real Estate Services Mgr,
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
I Parcel No, 07-29-16-52412-000-0011
WATER, SANITARY & UTILITIES EASEMENTS
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) cash in hand paid to it, the
receipt and sufficiency of which is hereby acknowledged, and the benefits to be derived therefrom,
GARY G. HALVERSON, INC., a Florida corporation
9905 Race Track Road, Suite 104, Tampa, FI. 33626
("Grantor") does hereby grant and convey to the CITY OF CLEARWATER, FLORIDA, ("Grantee")
easement over, under and across the following described land, lying and being situate in the County of
Pinellas, State of Florida, to-wit:
A TEN FOOT (10') WATER AND UTILITIES EASMENT LYING FIVE FEET (5') EACH
SIDE OF ALL WATER MAINS AS NOW CONSTRUCTED, OR AS MAY HEREAFTER
BE CONSTRUCTED, UP TO AND INCLUDING ALL WATER HYDRANTS AND
METERS, BUT EXCLUDING ALL SERVICE LINES AND ANY WATER MAINS THAT
MAY LIE UNDER, BUILDINGS OR WITHIN FIVE FEET (5') OF BUILDINGS WITHIN
THAT CERTAIN PARCEL OF LAND BEING A PART OF LOT 1, LOEHMANN'S
PLAZA, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT
BOOK 93, PAGE 63 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA,
AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" APPENDED HERETO AND
A PART HEREOF; TOGETHER WITH,
AN EIGHT FOOT (8') SANITARY AND UTILITIES EASEMENT TO ENCUMBER THE
WEST EIGHT FEET (8') OF THAT PART OF LOT 1, LOEHMANN'S PLAZA,
ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 93,
PAGE 63 OF THE PUBLIC RECORDS OF PINELLAS COUNTY, FLORIDA, AS MORE
PARTICULARLY DESCRIBED IN EXHIBIT I'A" AND DEPICTED IN EXHIBIT IS", BOTH
BEING APPENDED HERETO AND A PART HEREOF.
These easements being for water, sanitary and utilities installation and maintenance.
Page 2 - Water, Sanitary & Utilities Easement
Grantor: Gary G. Halverson, Inc.
Grantee: City of Clearwater, Florida
RE: Pinellas County Parcel No. 07-29-16052412-000-0011
The CITY OF CLEARWATER, FLORIDA shall have the right to enter upon the respective above-
described premises and to construct. install and maintain thereon any water and sanitary facilities and to
inspect and alter such water and sanitary facilities from time to time.
Grantor warrants and covenants with Grantee that it is the owner of the fee simple title to the
herein described easement premises, that Grantor has full right and lawful authority to grant and convey
the herein described easements to Grantee, and that Grantee shall have quiet and peaceful possession,
use and enjoyment of the easements.
The easements granted herein shall run with the land and shall be binding on and inure to the
benefit of the parties, hereto, their successors or assigns.
IN WITNESS WHEREOF, the Grantor has caused these presents to be duly executed by its
proper officers thereunto authorized and its seal to be hereunto affixed, this day of
,2003.
Signed. sealed and delivered
in the presence of:
GARY G. HALVERSON\ INCORPORATED,
a Florida Corporation
By:
WITNESS signature
Gary G. Halverson, President
Witness' Printed Signature
WITNESS signature
Witness' Printed Signature
Page 3 - Water, Sanitary & Utilities Easement
Grantor: Gary G. Halverson, Inc.
Grantee: City of Clearwater
RE: Pinellas County Parcel No. 07-29-16-52412-000-0011
STATE OF FLORIDA
:ss
COUNTY OF HILLSBOROUGH
Before me, the undersigned authority, personally appeared Gary G. Halverson, as President of
GARY G. HALVERSON, INC., who executed the foregoing instrument on the day and date first above
written, and who acknowledged before me that he is duly authorized and did execute same on behalf of
said corporation for the use and purposes therein described.
WITNESS my hand and official seal this
day of
,2003.
My Commission Expires:
Notary Public - State of Florida
Type/print name
[ ] Personally Known
[ ] Produced Identification
Type of Identification produced
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: 55
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority, personally appeared Gary G. Halverson, as President of
GARY G, HALVERSON, INC.. a Florida Corporation, whom, being first duly sworn, does depose and
say:
1, That said corporation is the owner of legal and equitable title to the following described
property in Pinellas County, Florida, to wit:
LOEHMANN'S PLAZA, THAT PART OF LOT 1 ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 93, PAGE 63, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, RUN
THENCE WEST 100.01 FEET TO THE WEST RIGHT-OF-WAY LINE OF U. S.
HIGHWAY 19, THENCE NORTH 010 EAST, 10.15 FEET; THENCE SOUTH 580 WEST,
900.47 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 580 WEST,
300.00 FEET; THENCE NORTH 010 EAST, 288.04 FEET; THENCE SOUTH 890 EAST,
171.85 FEET; THENCE SOUTH 320 EAST, 150.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.08 ACRES, MORE OR LESS.
2, That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on said property for which
there are unpaid bills for labor or materials against said property, except those which will be paid in
during the course of business and (list, or insert 'NO OTHERS":
4. That there are no liens or encumbrances of any nature affecting the title of the property
hereinabove described, except:
That certain mortgage and other instruments of security dated July 8, 2002 given in favor
of Peoples Bank, a Florida banking corporation, as recorded in O. R. Book 12097, Pages
2187 - 2196, Public Records of Pinellas County, Florida
Page 2 - AFFIDAVIT OF NO LIENS
RE: Water, Sanitary & Utilities Easement
Grantor: Gary G. Halverson, Inc.
Grantee: City of Clearwater, Florida
5. That it is hereby warranted that no notice has been received for any public hearing regarding
assessments for improvements by any government, and it is hereby warranted that there are no unpaid
assessments against the above property for improvements thereto by any government, whether or not
said assessments appear of record.
6. That there is no outstanding sewer service charges or assessments payable to any
government.
7. That the representations embraced herein are for the purpose of inducing CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon.
WITNESS
By:
Gary G. Halverson, President
Witness' Printed Signature
WITNESS
Witness' Printed Signature
Sworn to and subscribed to before me this
day of
,2003.
Signature of person taking acknowledgment
Type/prinUstamp name of acknowledger
Title or rank, and Serial No., if any
Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 333758-4748
RE: Parcel No. 07-29-16-52412-000-0011
II CONSENT TO EASEMENT & SUBORDINATION OF INTEREST II
THE UNDERSIGNED, being duly authorized on behalf of the owner of a lien on or secured
interest in the following described premises:
A parcel of land being a part of Lot 1, LOEHMANN'S PLAZA, according to the
map or plat thereof as recorded in Plat Book 93, Page 63 of the Public Records
of Pinellas County, Florida as more particularly described in EXHIBIT "A",
appended hereto and made a part hereof,
said lien being evidenced by that certain mortgage and other instruments of security dated July 8, 2002 given
by GARY G. HALVERSON, INC., a Florida corporation ("Mortgagor"), in favor of PEOPLES BANK, a Florida
banking corporation ("Mortgagee"), as recorded in Official Records Book 12097, Pages 2187 - 2196, Public
Records of Pinellas County, Florida, does hereby consent to and joins in the grant of that certain Water,
Sanitary & Utilities Easement ("Easement") dated the 19th day of June, 2003 given by Mortgagor to the CITY
OF CLEARWATER, FLORIDA, a Florida Municipal Corporation, for the purpose of installing and maintaining
water, sanitary and appurtenant facilities upon and within the above described parcel as provided in said
easement, and does hereby further subordinate said lien interest and all of the right, title, interest and claim
thereunto accruing in said premises to said easement grant, together with facilities described therein.
,.' IN WITNESS WHEREOF, the undersigned has caused these presents to be signed this sO day
of J ,,)L'_, ,2003.
Signed, sealed and delivered in the
pre ence of:
PEOPLES BANK, a Florida banking corporation
s,..;L ~1:"J- ..J/)____-,..
13)Cl-f{;r<.:=,~7'V. ,_
Print name S i:y1//!' (J] ',r: ft?: i'I.l ~
Title JjL'-'- ~\Ji,~i.l01,j-
....: ,/ ~,-, <..,
'. ...... , ,. .
ACKNOWLEDGMENT:
Easement Consent & Subordination
RE: Parcel 07-29-16-52412-000-0011, Pinellas County, FI.
Grantor: Gary G. Halverson, Inc.
Grantee: City of Clearwater, FI.
STATE OF FLORIDA
:55
COUNTY OF PINELLAS :,
IY) -; /) ')
B!=FORE ~E, the undersigned, personally appeared .:=-",-1-(- 0 hI' t\ ....J \-: ~ t n....,';'
as \ J \ C. C' ~ " ~ ~ " ~ ~ ,,- ~. of PEOPLES'BANk: a Florida banking corporation,
who executed the foregoing instrument on behalf of said banking corporation, and who acknowledged the
execution thereof to be h~ free act and deed for the use and purposes set forth therein.
?
_-.i'-'"
(NOTARY SEAL)
C'
.....e<../ ':~_', <.
.....~Yf.~:'f~o:.... Margaret J Savage
f.f ~&.-';'r.~ 1.1, COf.1MISSION. OD03W7 EXPIRES
<:,~:,~'?l OClober 18, 2005
....f..9::,\~~:;.. 90140[0 IIfRlJ l~CY f~:IIINSUR^NCf, INC.
l>rPersonally Known
[ ] Produced Identification
Type of Identification Produced
--..--..-,
.-..---.
---
-
EXHIBIT "A"
!&gal Description
LOEHMANN'S PLAZA, THAT PART OF LOT 1 ACCORDING TO THE MAP OR
PLAT THEREOF AS RECORDED IN PLAT BOOK 93, PAGE 63, PUBLIC RECORDS
OF PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
FROM THE NORTHEAST CORNER OF THE NORTHEAST 1h OF SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELlAS COUNTY, FLORIDA, RUN
THENCE WEST 100.01 FEET TO THE WEST RIGHT-OF-WAY LINE OF U. S.
HIGHWAY 19, THENCE NORTH 010 EAST, 10.15 FEET; THENCE SOUTH 580
WEST, 900.47 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH
580 WEST, 300.00 FEET; THENCE NORTH 010 EAST, 288.04 FEET; THENCE
SOUTH 890 EAST, 171.85 FEET; THENCE SOUTH 320 EAST, 150.00 FEET TO THE
POINT OF BEGINNING.
CONTAINING 1.08 ACRES, MORE OR LESS
AFFIDAVIT OF NO LIENS
STATE OF FLORIDA
: ss
COUNTY OF HILLSBOROUGH
BEFORE ME, the undersigned authority, personally appeared Gary G. Halverson, as President
of GARY G. HALVERSON, INC., a Florida Corporation, whom, being first duly sworn, does depose and
say:
1. That said corporation is the owner of legal and equitable title to the following described
""......n....r-+\I in Oi...."'"...." ("""'nh, t=''''..J.d.... +n "'I't.
t-"'I ut-'\oJ'!oJ III , III'....'.~..., '-''-'..... .t.), I I....JI \.,..4, \,...., ., ...
LOEHMANN'S PLAZA, THAT PART OF LOT 1 ACCORDING TO THE MAP OR PLAT
THEREOF AS RECORDED IN PLAT BOOK 93, PAGE 63, PUBLIC RECORDS OF
PINELLAS COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
FROM THE NORTHEAST CORNER OF THE NORTHEAST 1/4 OF SECTION 7,
TOWNSHIP 29 SOUTH, RANGE 16 EAST, PINELLAS COUNTY, FLORIDA, RUN
THENCE WEST 100.01 FEET TO THE WEST RIGHT-OF-WAY LINE OF U. S.
HIGHWAY 19, THENCE NORTH 010 EAST, 10.15 FEET; THENCE SOUTH 580 WEST,
900.47 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE SOUTH 580 WEST,
300.00 FEET; THENCE NORTH 010 EAST, 288.04 FEET; THENCE SOUTH 890 EAST,
171.85 FEET; THENCE SOUTH 320 EAST, 150.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING 1.08 ACRES, MORE OR LESS.
2. That said property is now in the possession of the record owner.
J. T:lat there has been no labor perform0d or mnt6iials fUilii3hed on said piOpciity for vvhich
there are unpaid bills for labor or materials against said property, except those which will be paid in
during the course of business and (list, or insert "NO OTHERS"):
t\.\ ,- II
I "I. t (, -, \ \ <. . \ '.:;
4. That there are no liens or encumbrances of any nature affecting the title of the property
hereinabove described, except:
That certain mortgage and other instruments of security dated July 8, 2002 given in favor
of Peoples Bank, a Florida banking corporation, as recorded in O. R. Book 12097, Pages
2187 - 2196, Public Records of Pinellas County, Florida
Page 2 - AFFIDAVIT OF NO LIENS
RE: Water, Sanitary & Utilities Easement
Grantor: Gary G. Halverson, Inc.
Grantee: City of Clearwater, Florida
5. That it is hereby warranted that no notice has been received for any public hearing regarding
assessments for improvements by any government, and it is hereby warranted that there are no unpaid
assessments against the above property for improvements thereto by any government, whether or not
said assessments appear of record.
6. That there is no outstanding se'vVei serv':ce chaiges or 8ssassments payable to any
government.
7. That the representations embraced herein are for the purpose of inducing CITY OF
CLEARWATER, its agents, successors and assigns to rely thereon.
" J.
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,.,' /, L(..l/{,(<,,~,.-, S-' ,~.-..:"t_, .rt,<-_, L/ l/.' /
( WI.J", NESS )1 .:, . ../t.. ~ ,..,1 ./ ....' v; ", "7
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J~, ,/ ,,",' I .-- y. -\ /,-. - , /
/ // /r.I'~/",.; /J .,.:,'._/~.J/'~/,-;.",/-,...' I 'Gary G. Halverson, President
Witness' Printed Signatur~
~--,;::/ 0/ // '
//-;;.~ / ;~
'. WITN ,,~/"" ~
,.' //) -- -, .--.--:
//,:,J,j,/"( {, '.~:/-)/?.j
( <" ~ ,..
WitneSs' Printed Signature
,"-. ' 'l
Sworn to and subocribed to before me this !! 7 day of "/1 '\I .i
,2003.
12, ll:" '; L '-( JL.;
Signatur / f person taking acknowledgment
, . )
T y~~i~~~~sta~p na~t'~f' ~~~OWledger
VICKY L. BOWEN
NOTARY PUBLIC - STATE OF FlORIDA
COMMISSION II 00032289
Title or rank, anciE~9,Tt~'any
Clearwater City Commission
Agenda Cover ~\'lemorandul11
')
Work session Item #: f/ h J
Final Agenda Item # /) '!-.-
.L(
Meeting Date: 8/07/03
SUBJECT/RECOMMENDATION:
Approve amendment to Chapter 51. Section 51,08 of the Code of Ordinances to provide for the use
of newly released flood insurance rate maps and pass on first reading Ordinance No. 7182-03,
~ and that tile appropriate officials be authorized to execute same,
SUMMARY:
. The City of Clearwater participates in the National Flood Insurance Program.
. Section 1361 of the National Flood Insurance Act of 1968, as amended, requires that the City show
evidence of adoption of floodplain management regulations that meet the standards of Section 60.3 of the
National Flood Insurance Program.
. Chapter 51 of the Code of Ordinances contains these required floodplain management regulations,
including the effective date of the flood insurance rate maps to be used.
. The flood insurance rate maps from 1983 referenced in Chapter 51 are being superceded by revised
rate maps effective September 3. 2003, consequently this code section must be updated.
. There are no significant changes in the new base flood elevations which would adversely impact
properties in the City.
Reviewed b~-' ..~
Legal 'if)l::
Budget N/A
Purchasing N/A
Risk Mgmt N/A
Info Srvc N/A
Public Works ~
DCM/ACM / n
Other N/A
Originating Dept: 111.:
PWA Engineering (M.
User Dept.
Development Services
Attachments
Costs None
Total
Funding Source:
Current FY CI
OP
Other
Submitted by: 'D- ," J J
City Manager r;jI)lJf ~
Printed on recycled paper
00 Ordinance # 7182-03
FIRM Ord.#7162'{)3
A ro riation Code:
Rev. 2/98
ORDINANCE NO. 7182-03
AN ORDINANCE OF THE CITY OF CLEARWATER,
FLORIDA RELATING TO FLOOD INSURANCE RATE
MAPS; AMENDING SECTION 51.08 OF CHAPTER 51,
CODE OF ORDINANCES; PROVIDING FOR THE USE OF
NEWLY RELEASED FLOOD INSURANCE RATE MAPS;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, The City of Clearwater participates in the National Flood
Insurance Program; and
WHEREAS, Section 1361 of the National Flood Insurance Act of 1968, as
amended, requires that the City show evidence of adoption of floodplain
management regulations that meet the standards of Section 60.3 of the National
Flood Insurance Program; and
WHEREAS, Chapter 51 of the Code of Ordinances contains these
required floodplain management regulations, including the effective date of the
flood insurance rate maps to be used; and
WHEREAS, the flood insurance rate maps referenced in Chapter 51 are
being superceded by revised rate maps effective September 3, 2003; now,
therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA, that:
Section 1. Section 51.08 of Chapter 51, Code of Ordinances is
amended as follows:
Federal Emergency Management Agency maps entitled "Flood
Insurance Rate Map and Floodway", dated June 1, 1983, and the
accompanying study entitled "Flood Insurance Study- Clearwater", dated
December 1, 1983, all effective September 3. 2003. shall be used to
provide the database for this Chapter.
Ordinance No, 7] 82-03
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
Attest:
Cynthia E. Goudeau
City Clerk
2
Ordinance No. 7182-03
~ Qearwater
Page 1012 /?j'/
~ ,--> \lJ Co
." -..... ,"---'
Agenda Cover Memorandum
.....", ._.......... _'....,... ~.......-'....."_........."''''_._~ ... ,.'.,_.,... ...~,-"...~_........~~..~_'-..~..~_ ..........'_. '''''''h_''~'' #." .,... ......~,..._>'~.~,..~ ". ..' ..,'..........--,..,. ....c.. '. '...... '..,..,' .'. ," ...,...." .';.' ,". , J."; "..~.. ., ,,, . ~ -, . .., .
City Commission
Preferred Date: I 08-07-2003
Item 10: 26
Submitted: \06-04-2003
~
Latest Possible Date: 108-07-2003
~
Actual Date:
-Subject / Recommendation:
Adop~ ~csolu~ion No. 03-27 au~horlzing ~~c Ci~y ~o en~er In:o an agree~ent wit~ csx
:ranspor:ation, :nc., for installation of ~72'of 5~" stor~ pipe and 52' of twin 50"x30"
box ~ulvert in :he CSX righ:-of-way, and approve ?ipeline Crassing Agreement No. CSX-
O~532P' a: a cas: of S12,2~0.
.:J
- Summary:
A wor~ order for consul:an~ services was approved on t,/0~/03 for design, preparation of
cons~ruction plans, per~i:~ing and limited construction management for the Palmetto
Strec~ l~prove~ents ?ro;cct. As part of :~is project the City desires :0 construct ~72'
of 5t," storm pipe and 52' of twin 50"x30" box culverts.
r~c 5~" storm pipe and 50"x30" box culvcr~ run parallel to :he CSX Railroad and begin
approxi~ately O.lO miles south west of ?almet:o S:reet and extends HOO' to Stevenson
Cree:<.
CSX requires an Agreement ~o cover the costs of encroachment, construction ris~ and ~o
provide the terms and conditions associated with placing a pipeline underneath ~heir
rai:way system.
~~c cost ~o ~he City wi:: be S12,2~0.OO for a one-time license fee.
Copies of the Agreements are available for review in the City Clerks office.
Sufficient budget and revenue are available in the 02 Stormwatcr Bond Constructlon rund
project, 377-96121" Storm Pipe System Improvements for this fee.
.:.I
Originating Department:
Category: !AgreementslContracts - with cost
Section: I Other items on City Manager Reports
.=J
~
Number of Hard Copies attached:
12
Public Hearing:
INo
~
- Review Approval: (Signature indicates approval.)
ICyq(j <~ C,oudenu 07 .?9-2003 12AO !Cyndlo Goudp(1U 07-29-200:\ ,:, ~~O
Garry Br urnbnck 07 -29-2003 1 ?:~)2: IBill Horne 07 -~~9-20()3 1 :\:56: 19
r I
/' ~ / '
C.. _...... . ,
RESOLUTION NO. 03-27
A RESOLUTION OF THE CITY OF CLEARWATER, FLORIDA,
AUTHORIZING THE EXECUTION OF PIPELINE CROSSING
AGREEMENT BETWEEN THE CITY OF CLEARWATER AND CSX
TRANSPORTATION,INC., FOR THE INSTALLATION OF 472' OF 54"
STORM PIPE AND 52' OF TWIN 50"X30" BOX CULVERT IN THE
CSX RIGHT-OF-WAY; AND APPROVE PIPELINE LONGITUDINAL
OCCUPANCY AGREEMENT NO. CSX-045328, PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City authorizes the execution of Pipeline Longitudinal
Occupancy Agreement No. CSX-045328 and agrees to the terms and conditions of the
agreement, a copy of which is attached hereto as Exhibit A. and
WHEREAS, CSX Transportation Inc. has agreed to allow the City to install
472' of 54" storm pipe and 52' of twin 50"x30" box culvert within their right-of-way in the
vicinity of Palmetto Street and Highland Avenue, as stated within the terms of said
agreement, and
WHEREAS, the City Manager of the City of Clearwater is hereby authorized
to sign the agreement described in this resolution; .
BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF CLEARWATER, FLORIDA:,
Section 1. The City Commission hereby accepts and approves the Pipeline
Crossing Agreements between the City of Clearwater and CSX Transportation, Inc.,
allowing the City to install 472' of 54" storm pipe and 52' of twin 501x30" box culvert
within CSX right-of-way.
Section 2. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this
day of
,2003.
. Brian J. Aungst
.Mayor-Commissioner
Ape!oved as to form:
'~-"/, )) ---) I
/)!.' Ct I / / /-'"
""Brya D. Ruff
Assistant City Attorney
Attest:
Cynthia E. Goudeau
City Clerk
Resolution No. 03-25
CSXT FOlm 2537G - Page I
Revised May 2002 0
Agreement No. CSX-045328
PIPELINE LONGITUDINAL OCCUPANCY AGREEMENT
TI.IrS AGREEMENT, Made as of April 23,2003, by and between CSX
TRANSPORTA nON, INC., a Virginia corporation, whose mailing address is 500 Water Street,
Jacksonville, Florida 32202, hereinafter called "Licensor," and CITY OF CLEAR WATER, a
municipal corporation, political subdivision or state agency, under the laws of the State of
Florida, whose mailing address is 100 S. Myrtle A venue, Clearwater, Florida 33756-5520,
hereinafter called "Licensee," WITNESSETH:
WHEREAS, Licensee desires to constmct, use and maintain a pipeline, solely for the
transmission of stonnwater, hereinafter called "Pipeline," along the rail corridor, right of way and
property owned or controJled by Licensor at or near Clearwater, County of Pinellas, State of
Florida, paralleling Railroad's trackage,beginning at Valuation Station 1294+76, Milepost SY-
873.19, and extending to Valuation Station 1297+32, Milepost SY-873.24, Clearwater
Subdivision, including necessary aerial or subterranean crossing(s), hereinafter called the
"Occupancy," as shown on print of Licensee's Drawing LGW045328, dated August 7, 2002,
attached hereto and made a part hereof; other details and data pertaining to said Pipeline being as
indicated on Licensee's Application FOrol, dated April 15, 2003, also attached hereto and made a
part hcreof;
NO\V, THEREFORE, in consideration of the mutual covenants, conditions, terms and
agreements herein contained, the parties hereto agree and covcnant as follows:
1. LICENSE:
1.1 Subject to Article 17, Licensor, insofar as it has the legal right, power and authority
to do so, and its present title pennits, and subject to:
(A) Licensor's present and future right to occupy, possess and use its property
within the area of the Occupancy for any and all purposes;
(B) All encumbrances, conditions, covenants and casements applicable to
Licensor's title to or rights in the subject property; and
(C) Compliance by Licensee with the temlS and conditions herein contained;
does hereby grant to Licensee the nonexclusive license ,Uld permission to constmct, maintain,
repair, renew, operate, use, alter or change said Pipeline in the Occupancy above solely for the use
stated above, for the telm herein stated, and to remove same upun tennination.
1.2 The tenn Pipeline, as used herein, shall include only the pipes, ducts, casing, vents,
manholes, connectors, fixtures, appliances and ancillary facilities devoted exclusively to the
tran:\mission usage above within the Occupancy, and as ShO\\11 on attached Application Form.
Exhibit "A"
-Pwc
~. 2>1
CSXT Form 25370 - Page 2
Revised May 2002 0
Agreement No. CSX-045328
1.3 No additional pipeline or other facilities shall be placed, allowed or maintained by
Licensee in, upon or along the Occupancy except upon separate prior written conscnt of Licensor.
2. LICENSE FEE; TER1'I:
2.1 In lieu of annual payments and in consideration of Licensor's waiver of future fee
increases, Licensee shall pay Licensor a one-time nonrefundable License Fce ofTWEL VE
THOUSAND T\VO HUNDRED FORTY AND 00/100 U.S. DOLLARS ($12,240.00) upon
execution of this Agreement. Licensee agrees that the License Fee applies only to the original
Licensee under this Agreement. In the event of a successor (by merger, consolidation,
reorganization and/or assignment) or if the original Licensee changes its name, then Licensee
shall be subject to payment of Licensor's current administrative and document preparation fees
for the cost incurred by Licensor in preparing and maintaining this Agreement on a current basis.
2.2 However, Licensee assumes sole responsibility for, and shall pay directly (or
reimburse Licensor), any additional annual taxes and/or periodic assessments levied against
Licensor or Licensor's property solely on account of said Pipeline or Occupancy.
2.3 This Agreement shall be effective upon the date first written above. License shall
be revocable only, as herein provided, but shall also tenninate upon (a) Licensee's cessation of
use of the Pipeline or Occupancy for the purpose(s) above, (b) removal of the Pipeline, and/or
(c) subsequent mutual consent.
2.4 In further consideration for the license or right hereby granted, Liccnsee hereby
agrees that Licensor shall not be charged or assessed, directly or indirectly, with any part of the
cost of the installation of said Pipeline and appurtenances, and/or maintenance thereof, or for any
public works project of which said Pipeline is a part.
3. CONSTRUCTION, l\'IAINTENANCE AND REPAIRS:
3.1 Licensee shall construct, maintain, relocate, repair, renew, alter, and/or remove
said Pipeline, in a prudent, workmanlike manner, using quality materials and complying with any
applicable standard(s) or regulation(s) of Licensor, (A.R.E.M.A. Specifications), Licensee's
particular industry, and/or any governmental or regulatory body having jurisdiction over the
Occupancy or Pipeline.
3.2 Location and constmction of Pipeline shaIl be made strictly in accordance with
design(s) and specifications furnished to and approved by Licensor and of the material(s) and
size(s) appropriate for the purpose(s) above recited.
3.3 All Licensee's work and exercise of rights hereunder shall be undertaken so as to
eliminate or minimize any impact on or interference with the safe use and operation of Licensor's
track(s).
CSXT Form 2537G - Page 3
Revised May 2002 0
Agreemcnt No. CSX-045328
3.4 In the installation, maintenance, repair or removal of said Pipelinc, Licensee shall
not use explosivcs of any typc or pcrfom1 or cause any blasting without the scparate express
writtcn consent of Licensor. As a condition to such conscnt, a representative will be assigncd by
Licensor to monitor blasting, and Licensee shall reimburse Liccnsor for the entire cost ancl/or
expense of furnishing said monitor.
3.5 Any repairs or maintenance to Pipcline, whether resulting from acts of Licensec, or
natural or weather events, which are necessary to protect or facilitate Licensor's use of its property,
shall be made by Licensee promptly, but in no event later than thirty (30) days aftcr Licensce has
notice as to the nced for such repairs or maintenance.
3.6 Licensor, in order to protect or safeguard its property, rail operations, equipment
and/or employees from damage or injury, may request immediate repair or renewal of the Pipeline,
and if the same is not perfonned, may make or contract to make such repairs or renewals, at the
sole risk, cost and expense of Licensee.
3.7 Neither the failure of Licensor to object to any work done, material used, or method
of construction or maintenance of said Occupancy, nor any approval given or supervision
exercised by Licensor, shall be construed as an admission ofliability or responsibility by Licensor,
or as a waiver by Licensor of any of the obligations, liability ancl/or responsibility of Licensee
under this Agreement.
3.8 Licensee hereby agrees to reimburse Licensor any loss, cost or expense (including
losses resulting from train delays ancl/or inability to meet train schedules) arising from any failure
of Licensee to make, or from improper or incomplete, repairs or maintenance of Pipeline.
4. PERMITS, LICENSES:
4.1 Before any work hereunder is perfonned, or before use of the Occupancy for the
contracted purpose, Licensee, at its sole cost and expense, shall obtain all necessary pennit(s)
(including but not limited to zoning, building, construction, health, safety or environmental
matters), letter(s) or certificate(s) of approval. Licensee expressly agrees and warrants that it shall
confoml and limit its activities to the terms of such pennit(s), approval(s) and authorization(s), and
shall comply with all applicable ordinances, rules, regulations, requirements .md laws of any
governmental authority (state, federal or local) having jurisdiction over Licensee's activities,
including the location, contact, excavation and protection regulations of the Occupational Safety
and Health Aet (OSHA) (20 CFR 1926.651 (b), et al.), and State "One Call" -"Call Before You
Dig" requirements.
4.2 Licensee assumes sole responsibility for failure to obtain such pennit(s) ur
approval(s), any violations thereot: or for costs or expenses of compliance or remedy.
CSXT Fonll 25370 - Page 4
Revised May 2002 0
Agreement No. CSX-045328
5. MARKING AND SUPPORT:
5.1 With respect to any subsurface installation or maintenance upon Licensor's
property, Licensee, at its sole cost and expense, shall:
(1\) Support track(s) and roadbed of Licensor, in a manner satisfactory to
Licensor;
(B) Backfill with satisfactory material and thoroughly tamp all trenches to
prevent settling of surface of land and roadbed of Licensor; and
(C) Either remove any surplus earth or material from Licensor's property or
cause said surplus earth or material to be placed and distributcd at location(s) and in such manncr
as Licensor may approve.
5.2 Aftcr construction or maintenance of Pipeline, Licensee shall:
(A) Restore said track(s), roadbed and other disturbed propcrty of Licensor; and
(B) Erect, maintain and periodically verifY the accuracy of aboveground
markers, in a fonn approved by Licensor, indicating the location, depth and ownership of Pipeline
or related facilities.
5.3 Upon removal of the Pipeline, Licensee shall remain responsible for any settlement
of the track(s) or roadbed for a period of one (1) year subsequent to completion of installation.
6. TRACK CHANGES:
6. I In the event that Licensor's rail operations and/or track maintenance result in
changes in grade or alignment of, additions to, or relocation of Licensor's track(s) or other
facilities, or in the event future use by Licensor of right-of-way and property nccessitate any
change oflocation, height or depth of Pipeline or Occupancy, Licensee, at its sole cost and expense
and within thirty (30) days after notice in writing from Licensor, shall make changes in Pipeline or
Occupancy to accommodate Licensor's track(s) or operations.
6.2 If Licensee fails to do so, Licensor may make or contract to make such changes, at
Licensee's cost.
7. PIPE CHANGES:
7.1 Liccnsee shall periodically monitor and verify the depth or height of Pipeline and
Occupancy in relation to Licensor's tl'ack(s) and facilities, and shall relocate Pipeline or change
Occupancy, at Licensee's expense, should such relocation or change be necessary to comply with
the minimum clearance requiremcnts of this Agreement or of any public authority.
CSXT F0I111 2537G - Page 5
Revised May 2002 0
Agreement No. CSX-045328
7.2 If Licensee undertakes to revise, renew, relocate or change all or any part of
Pipeline (including any change in circumference, diameter or radius of pipe or carrier pipe, change
in pipe operating pressure, or chnnge in materials transmitted in and through said pipe), or is
required by any public agency or court order to do so, plans therefor shall be submitted to Licensor
for approval before any such change is made. After approval, the terms and conditions of this
Agreement shall apply thereto.
8. INTERFERENCE \VITH RAIL FACILITIES:
8.1 Although the Pipeline/Occupancy herein pen11itted may not presently interfere with
Licensor's railroad operations or facilities, in the event that the operation, existence or maintenance
of said Pipeline, in the sole judgment of Licensor, causes: (a) interference (physical, magnetic or
otherwise) with Licensor's communication, signal or other wires, powerIines, train control system,
or other facilities; or (b) interference in any marmer with the operation, maintenance or use by
Licensor of its right-of-way, track(s), stmctures, pole lines, devices, other property, or any
appurtenances thereto; then and in either event, Licensee, upon receipt of written notice from
Licensor of any such interference, and at Licensee's sole risk, cost and expense, shall promptly take
such remedial action or make such changes in its Pipeline as may be required in the judgment of
Licensor to eliminate all such interference. Upon Licensee's failure to remedy or change, Licensor
may do so or contract to do so, at Licensee's sole cost.
8.2 Without assuming any duty hereunder to inspect Licensee's Pipeline, Licensor
hereby reserves the right to inspect same and to require Licensee to undertake necessary repairs,
maintenance or adjustments to Pipeline, which Licensee hereby agrees to make promptly, at
Licensee's sole cost and expense.
9. RISK, LIABILITY, INDEMNITY:
With respect to the relative risk and liabilities of the parties, it is hereby agreed that:
9.1 Licensee hereby agrees to, defend, indemnify, and hold Licensor hannless from
and against any and all liability, loss, claim, suit damage, charge or expense which Licensor may
suffer, sustain, incur or in any way be subjected to, on account of death of or injury to any person
whomsoever (including officers, agents, employees or invitees of Licensor), and for damage \0
or loss of or destmction of any property whatsoever, arising out oC resulting from, or in any way
connected with the construction, repair, maintenance, replacement, presence, existence,
operations, use or removal of Pipeline or any stmcture in connection therewith, or restoration of
premises of Licensor to good order or condition after removal, EXCEPT when proven to have
bcen caused solely by the willful misconduct or gross negligence of Licensor. HOWEVER,
during any period of actual constmction, repair. maintenance, replacemcnt or removal of
Pipeline. wherein agents, equipment or personnel of Licensee are on the railroad right-of-way,
Licensee's liability hereunder shall be absolute, irrespective of any joint, sole or contributory
Cault or negligence of Licensor.
CSXT FOI1n 25370 - Page 6
Revised May 2002 0
Agreement No. CSX-045328
9.2 Use of Licensor's right-of-way involves certain risks of loss or damage as a result of
Licensor's rail operations. Notwithstanding Section 9.1, Licensee expressly assumes all risk of loss
and damage to Licensee's Property or Pipeline in, on, over or under the Occupancy, including loss
of or any interference with use or service thereof, regardless of cause, including electrical field
creation, fire or derailment arising out of Licensor's rail operations. For this Section, the tenn
"Licensee's Property" shall include pipe contents as well as property of third parties situated or
placed upon Licensor's right-of-way by Licensee or by such third parties at request of or for benefit
of Licensee.
9.3 Notwithstanding Section 9.1, Licensee also expressly assumes all risk of loss which
may result from Licensee's failure to maintain either the Pipeline or the required depth and
encasement for Pipeline.
9.4 To the extent permitted by State law, as above, Licensee assumes all responsibility
for, and agrees to defend, indemnify and hold Licensor harmless from: (a) all claims, costs and
expenses, including reasonable attorneys' fees, as a consequence of any sudden or nonsudden
pollution of air, water, land and/or ground water on or off the Occupancy area, arising from or in
connection with the use of this Occupancy or resulting from leaking, bursting, spilling, or any
escape of the material transmitted in or through said Pipeline; (b) any claim or liability arising
under federal or state law dealing with either such sudden or nonsudden pollution of air, water,
land and/or ground water arising therefrom or the remedy thereof; and (c) any subsidence or failure
of lateral or subjacent support of Licensor's tracks arising from such leakage.
9.5 Obligations of Licensee hereunder to defend, indemnify and hold Licensor
hamlless shall also extend to companies and other legal entities that control, are controlled by,
subsidiaries of, or are affiliated with Licensor, and their respective officers, agents and employees.
9.6 If a claim is made or action is brought against either party, for which the other party
may be responsible hereunder, in whole or in part, such other party shall be notified and pennitted
to participate in the handling or defense of such claim or action.
10. INSURANCE:
10.1 Prior to conmlencement of surveys, construction or occupation of Occupancy
pursuant to this Agreement, Licensee shall procure, and shall maintain during the continuance of
this Agreement, at Licensee's sole cost and expense, a policy of Conmlercial General Liability
Insurance (CGL), naming Licensor as additional insured and covering liability assumed by
Licensee under this Agreement. A coverage limit of not less than THREE MILLION AND 00/1 00
U.S. DOLLARS ($3,000,000.00) Combined Single Limit per occurrence for bodily injury liability
and property damage liability is currently required as a pmdent minimum to protect Licensee's
assumed obligations. The evidence of insurance coverage shall be endorsed to provide for thirty
(30) days' notice to Licensor prior to cancellation or modification of any policy. Mail CGL
certificate, along with agreement, to CSX Transportation, Inc., Speed Code J 180, 500 Water Street,
Jacksonville, FL 32202. On each successive year, send certificate to Speed Code C907 at the
address listed above.
CSXT Form 25370 - P"g~ 7
Revised May :2002 0
..\grecmcnt No. CSX-045328
10.2 If said CGL policy does not automatically cover Licensee's contmctualliability
during periods of survey, construction, maintenance and continued occupation, a specific
endorsement adding such covernge shall be purchased by Licensee. I f said CO L policy is written
on a "claims made" basis instead of a "per occurrcnce" basis, Licensee shall arrange for adequate
time for reporting losses. Failure to do so shall be at Licensee's solc risk.
10.3 Notwithstanding the provisions of Sections 10.1 und 10.2, Licensee, pursuant to
State Statute(s), may self-insure or self-assume, in any amount(s), any contracted liability arising
under this Agreement, under a funded program of self-insurance, which fund will respond to
liability of Liccnsee imposed by and in accordance with the procedures established by law.
10.4 Securing such insurance shall not limit Licensce's liability under this Agreement,
but shall bc additional security therefor.
10.5 In the event Licensce finds it necessary to perfonn constmction or demolition operations
within fifty feet (50') of any opcrated railroad track(s) or affecting any railroad bridge, trestle, tunnel,
track(s), roadbed, overpass or underpass, Licensee shall (a) notify Licensor and (b) require its
contractor(s) performing such operations to procure and maintain during the period of constmction or
demolition operations, at no cost to Licensor, Railroad Protective Liability (RPL) Insurance, naming
Licensor as Named Insured, written on the current ISOIRlMA Fornl (ISO Fonn No. CO 003501 96)
with limits of TWO MILLION AND 00/100 U.S. DOLLARS ($2,000,000.00) per occurrence for bodily
injury and property damage, with at least SIX MILLION AND 00/1 00 U.S. DOLLARS ($6,000,000.00)
aggregate limit per annual policy period, with Pollution Exclusion lunendmcnt (ISO CO 28 31 11 85) if
an older ISO Form CO 0035 is used. The original of such RPL policy shall be sent to and approved by
Licensor prior to commencement of such constmction or demolition. Liccnsor rcserves the right to
demand higher limits.
11. GRADE CROSSINGS; FLAGGING:
1 1.1 Nothing herein contained shall bc constmed to pennit Licensec, or any contractor
of Licensee, to move any vehicles or cquipmcnt ovcr track(s) of Licensor, except at public road
crossing(s), without separate prior \\Tittcn approval of Licensor (CSXT F0l111 7422).
11.2 If Licensor deems it advisable, during the progress of any constmction,
maintenancc, repair, renewal, alteration, change or removal of said Pipeline, to place watchmcn,
flagmcn, inspectors or supervisors at the Occupancy for protection of operations of Licensor or
others on Licensor's right-of-way, and to keep persons, equipment and materials away from
Licensor's track(s), Licensor shall have the right to do so at the expense of Licensee, but Liccnsor
shall not be liable for failure to do so.
CSXT Form 2537G - Page S
Re\'ised May 2002 0
Agreement No. CSX-045328
11.3 Subject to Licensor's consent and to Licensor's Railroad Operating Rules and
existing labor agreements, Licensee may provide such flagmen, watchmen, inspectors or
supervisors, during all times of constmction, repair, maintenance, replaccment or removal, at
Licensee's sole risk and expense; and in such event, Licensor shall not be liable for the failure or
neglect of such watchmen, flagmen, inspectors or supervisors.
12. LICENSOR'S COSTS:
12.1 Any additional or alternative costs or expenses incurred by Licensor to
accommodate Licensee's continued use of Licensor's property as a result of track changes or pipe
changes shall also be paid by Licensee.
12.2 Licensor's expense for wages ("force account" charges) and materials for any work
performed at the expense of Licensee pursuant hereto, shall be paid by Licensee within thirty (30)
days after receipt of Licensor's bill thercfor, subject to Licensee's budgetary rules.
12.3 Such expense shall include, but not be limited to, cost of railroad labor and
supervision under" force account" rules, plus current applicable overhead percentages, the actual
cost of materials, and insurance, freight and handling charges on all materials used. Equipment
rentals shall be in accordance with Licensor's applicable fixed rate(s).
13. DEFAULT, BREACH, \VAIVER:
13.1 The proper and complete performance of each covenant of this Agreement shall be
deemed of the essence thereof, and in the event Licensee shall fail or refuse to fully and completely
perfoml any of said covenants or to remedy any breach, within thirty (30) days after receiving a
written notice from Licensor to do so (or within forty-eight (48) hours in the event of notice ofa
railroad emergency), Licensor shall have the option of revoking this Agreement, and the privileges
and powers hereby conferred, regardless of license fee(s) having been paid in advance for any
annual or other period. Upon such revocation, Licensee shall make removal in accordance with
Article 14.
13.2 Any waiver by Licensor of any breach of covenant or condition shall not be
construed as a pennanent waiver of such covenant or condition, or any subsequent breach thereof:
unless such covenant or condition is pemmnently waived in writing by Licensor.
14. TERl\'IINATION, REMOVAL:
14.1 All rights which Licensee may have hereunder shall cease upon (a) termination,
(b) revocation, (c) subsequent agreement, or (d) Licensee's removal of Pipeline from the
Occupancy. However, neither the tennination nor revocation of this Agreement shall affect any
claims and liabilities which may have arisen or accrued hereunder. and which at the time of
temlination or revocation have not been satisfied; neither party, however, waiving any third party
defenses or actions.
CSXT Fonn 25370 - Page 9
Revised May 2002 0
Agreemcnt No. CSX-045328
1.J.2 \Vithin thirty (30) days aftcr revocation or tcmlination, Licensee at its sole risk
and expense, shall (a) remove Pipeline from the right-of-way of Licensor, unless the parties
hereto agree otherwise, (b) restore property of Licensor in a manner satisfactory to Liccnsor, and
(c) reimburse Licensor any loss, cost or expense of Licensor resulting from such rcmoval.
15. NOTICE:
15.1 Licensee shall give Licensor's Chicf Rcgional Engincer (l?lorida Business Unit,
5656 Adamo Drive, Tampa, FL 33619-3240) at least five (5) days writtcn notice bcfore doing any
work on Licensor's property, except that in cases of emergency shorter notice may be givcn to
said Chief Regional Engineer.
15.2 All other notices and communications concerning this Agreement shall be
addresscd to Licensee at the address shown on Page] , and to Licensor at the address shown on
Page 1, c/o CSXT Contract Administration J 180; or at such other address as either party may
designate in writing to the other.
15.3 Unless othcrwise cxpressly statcd herein, all sllch noticcs shall be in writing and
sent via Certified or Registered Mail, Return Receipt Requested, or by courier, and shall be
effective upon (a) actual receipt, or (b) date of refusal of such delivery.
16. ASSIGNMENT:
16.1 The rights hercin conferred are the privilege of Licensee only, and Licensee shall
obtain Licensor's prior written consent to any assignment of Licensee's interest herein; said
consent shall not be unreasonably withheld.
16.2 Subject to Sections 2 and 16.1, this Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective sllccessors or assigns.
16.3 Licensee shall give Licensor notice of any legal succession (by merger,
consolidation, reorganization, etc.) or other change of legal existence or status of Licensee, with a
copy of documents attcsting to such change or legal succession, within thirty (30) days thereot:
16.4 Licensor expressly reserves the right to assign this Agreemcnt, in wholc or in part,
to any grantce or vcndee of Liccnsor's underlying property interests in the Occupancy, upon notice
thereof to Licensce.
16.5 In the evcnt of any unauthorizcd sale, transfer, assignmcnt, sublicensc or
encumbrancc of this Agreement, or any of the rights and privileges hcrcunder, Licensor, at its
option, may revoke this Agreemcnt by writtcn notice to Licensce or any such assignce; and
Liccnsee shall rcimburse Liccnsor any loss, cost or expcnse incurred by Liccnsor as a rcsult of
Liccnsec's failure to obtain said written consent.
CSXT Fonn 25370 - Page 10
Revised May 2002 0
Agreemcnt No. CSX-0-l5328
16.6 In the event of sale or other conveyance by Licensor of its Right-of-Way, across,
under, or over, which the Occupancy(s) is constructed, Licensor's conveyance shall be made
subject to the right of Licensee to continue to occupy the Occupancy on the specific segment of
Right-of- \Vay, and to operate, maintain, repair, renew thereon and to remove therefrom the
facilities of Licensee, subject to all other tenns of this Agreement.
17. TITLE:
17.1 Licensee understands that Licensor occupies, uses and possesses lands, rights-o f-
way and rail corridors under all fomls and qualities of ownership rights or facts, from full fee
simple absolute to bare occupation. Accordingly, nothing in this Agreement shall act as or be
deemed to act as any warranty, guaranty or representation of the quality of Licensor's title for any
particular Right-of- \Vay in Crossing(s) occupied, used or enjoyed in any manner by Licensee
under any rights created in this Agreement. It is expressly understood that Licensor does not
warrant title to any Right-of- \Vay in the Occupancy, and Licensee will accept the grants and
privileges contained herein, subject to all lawful outstanding existing liens, mortgages and superior
rights in and to the Right-of- \Vay, and all leases, licenses and easements or other interests
previously granted to others herein.
17.2 The term "license," as used herein, shall mean with regard to any portion of the
Right-of- \Vay which is owned by Licensor in fee simple absolute, or where the applicable law of
the State where the Occupancy is located otherwise permits Licensor to make such grants to
Licensee, a "permission to use" the Right-of-Way, with dominion and control over such portion
of the Right-of-Way remaining with Licensor, and no intcrcst in or cxclusive right to posscss
being otherwise granted to Licensee. With regard to any other portion of Right-of- Way
occupied, used or controlled by Licensor under any other facts or rights, Licensor merely waives
its exclusive right to occupy the Right-of- \Vay and grants no other rights whatsoevcr undcr this
Agrecmcnt, such waivcr continuing only so long as Liccnsor continues its own occupation, use
or control. Licensor does not warrant or guarantee that the license granted hcreunder provides
Licensee with all of the rights neccssary to occupy any portion of the Right-of- \Vay. Licensee
further acknowledges that it does not have the right to occupy any portion of the Right-of-Way
held by Licensor in less than fee simple absolute without also receiving the conscnt of the
owner(s) of the fee simple absolute estate. Furthcr, Liccnsee shall not obtain, exercise or clnim
any interest in the Right-of- \Vay that would impair Licensor's existing rights therein.
17.3 Licensee agrees it shall not have nor shall it make, and hereby completely and
absolutely waives its right to, any claim against Licensor for damnges on account of any
deficiencies in title to the Right-of-Way in the event of failure or insufficiency of Liccnsor's title to
any portion thereof arising from Licensee's use or occupancy thereof.
17.4 Licensee agrees to fully and completely indemnify and defcnd all claims or
I itigation for slandcr of titlc, overburden of easement, or similar claims arising out of or bnscd upon
Licensee's facilities placemcnt, or the presence of Licensee's tacilities in, on, or along Occupancy,
including claims for punitive or special damages.
CSXT FOl1n 253 7G - Page 11
Re\'iscd May 2002 0
Agrecment No. CSX-045328
17.5 Licensee shall not at any time O\\TI or claim any right, title or interest in or to
Licensor's property occupied by the Occupancy. nor shall the exercise of this Agreement for any
length of time give rise to any right, title or interest in License to said property other than the
license herein creatcd.
18. GENERAL PROVISIONS:
18.1 This Agreement, and the attached specifications, contains the entire understanding
between the partics hereto.
18.2 Neither this Agreement, any provision hercof, nor any agreement or provision
included herein by reference, shall operate or be constmed as being for the bcnefit of any third
person.
18.3 Ncither the form of this Agreement, nor any language herein, shall be interpretcd or
construed in favor of or against either party hereto as the sole draftcr thereof.
18.4 This Agreement is executed under current interpretation of applicnble federal, state,
county, municipal or other local statute, ordinance or law. However. each separate division
(pnragraph, clause, item, teml, condition, covenant or agreement) hcreofshall have independent
and severable status for the detemlination of legality, so that if nny separate division is detennined
to be void or unenforcenble for any reason, such detennination shall have no effect upon the
validity or enforceability of ench other separatc division, or nny combination thereof.
18.5 This Agreement shall be constmed and govern cd by the laws of the stnte in which
the Pipeline and Occupnncy ::Ire located.
18.6 If any amount due pursuant to the temlS of this Agrcement is not paid by the due
date, it will be subject to Licensor's standard late charge and will also accrue interest at eighteen
percent (18%) per annum, unless limited by local law, and then at the highest rate so permitted.
19. RIDERS:
The following Rider(s) is/are herewith nttachcd and included herein:
. .. ....
[X] Telecommunication Cable or Fiber Optic line
CSXT Fonn 2537G - Pagc 12
Revised lvfay 2002 0
Agreement No. CSX-045328
IN WITNESS WHEREOF, the parties hereto have executed this Agreement induplicate
(each of which shall constitute an original) as of the datc and year first above written.
\Vitness for Licensor:
CSX TRANSPORTATION, INC.
By:
Printffype Name:
Printffype Title:
\Vitness for Licensee:
CITY OF CLEARWATER
By:
Countersigned:
\Vho, by the execution hereof, affirms that he/she
has the authority to do so and to bind the Licensee
to the tenns and conditions of this Agreement.
Brian J. Aungst
Mayor-Commissioner
Printffype Name: William B. Horne II
Printfrype Title: City Manager
Approved as to form:
Tax Identification Number:
Bryan D. Ruff
Assistant City Attorney
Authority under Ordinance or
Resolution No. 03-27
dated
ATTEST:
Cynthia 'E. Goudeau
City Clerk
COi\IMUNICATIONS CABLE OR FIBER OPTIC LINE PROTECTION RIDER
1. No construction of any type pursuant or related in any way to this Agreement shall
be commenced by Licensee, or by any agent, representative, contractor, subcontractor of Licensee,
without Licensee first giving at least thirty (30) days written notice to the following Parallel Cable
Occllpicr(s):
("MCI")
ATTN: In\'Cstigalions
Mr.Dciln Ilo)'el's
\V()r1dcllm/~ It 'I Tl'k'l'lII11/111111 ic at ions Corporation
2400 North (iIL'Il\'illl' I >rh\.'
Richardson, TX 75mU-,I.i~.1
Pholle No. (SOil) ();~,I.l)()?~
or ((r/~) 721)'(10 Ifl
(NOTE: \VIHTTEN (,ONSEN'I: OF :\ICIIS ALSO
REQtlll~EI))
2. The notice shall be accompallied hy dl'llwilll!l ~l) ~hll\\'in~ the general plan, elevation,
details and methods of Licensee's proposed C(lllstl'lI~:lillll, illld IIlL' 1IIl'i1tillllllfOccupicr(s)' cable or
facilities in relation to Licensee's proposed cOllslnll:llllll,
3. Prior to any construction, Licellse\.' Illwil hll'ah.' 1I1ld id,,'lltiIY, 1I1lY existing cable,
wire or fiber optic line (including any appurt\.'llillll:es tllL'II..'lll) II r :iIIid l'ahle occupicr(s) traversing or
located in, on, or immediately adjacent to the proposed ('IWiSillg, III I il'I..'llsee's sole risk.
4. Any changes, alteration, relocatiolllll' pl'lIll'~lilll1l1r Wil'l'( s), cahlc(s) or Ihcilities of
such Occllpier(s), required by said Occllpier(s), shall he lit I.kells\.'l~ts ~;Ille \.'Xp\.'IlSC except as
otherwise negotiated between Licensee and said Occllpier( s),
5. Licensee shall be solely responsible alld Iiahle Ihl' 1111)' dalllllge tOle.g" cutting,
dislocating, etc.) said wire(s) or cable(s), and appul'll.:llallces thcl'cltl, rl..'s\llIillg ill allY \Vay from
Licensee's exercise of rights or privileges under this Agrccmcnt.
6. Liccnsee shall defend, indemnify and hold Liccllsor hannk'ss !i'om any Stich
damagc claims and any relocation or protection costs of said OcclIpkr(s).
CSX TRANSPOI{,I'ATION, INC.
Licensor:
(Initial)
(Date)
CITY OF CLEAR\VATEH.
Licensee:
(Initial)
(Date)
FOR~I CSXT 7455 - Rev. 11/01/02 (Page I OJ
C1'~~' 'Z. ~,,!%t~
~ ;' ''ta ,',,:?:?,;..
;'" ., il;i
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'.ii', ~~~ '* '~'" ::
'f!i)J.:sPO~~f .
APPLICATION FOR PIPEUNE
CROSSING OR PARALLELING PROPERTIES AJ"JD TRACK
Submit one original Lllld one copy of both the application and ur:l\ving along with a $650.00 nonrcfurHblJle
Application Fee to CSX Transportation, Property Services] I SO, 500 Water Street, Jacksonville, FL 32:!02.
Application and plLlns must bc approved and written authority received from the Railroad before construction is begUl
Your proposal and construction must bc in accordance with CSXT's Specifications, the American Railway
Engincezing and Maintcnance.of-Way Association (ARE~fA) and any current governing laws or regulations. Note:
Specifications fumished in the Application Package are to be used as a guideline only. CSXT reserves the right to
approve or decline any application.
PLEASE SIGN BEFORE COMPLF.TINr.: Agreement No.: c.sX04S ~28
1 affinn the infonlwtion I am fumishing ill Ihis application will comply with the current AREl\.fA Standards, guveming
laws or regulations, and accurately rcnccls thc proposed construction plans:
Signature: _._ ,__. ._______ Application Date: --.:t{lS-l D3
{project Owner Information:/ ~Chcck hcre ifagrccment should be mailed to this address
1. Complete Legal Name ofnnnlicant as it would :J(1l1car ill a Jl'~:ll docllment (inaccurate information will delav
your reQuest):
City 0 f C Ie ~.!.Wa tOE,,- F 10 rid n
2. Company Contact Name: _~11 i Q..t~J:lQ.lLo_:r;.!J .__e. ..J;_,,---
Title: G i v il Eng.inJl.o.f_._LU_
3. Telephone: (72/J 562-4740 Fnx: CU)' kQ_?-475...~_ E-Mail: oshobe.!:9~cloarwilter-fl.com
4. Street Address:100 S. Mvrtlo Avo. City: _G-1JLy-r:..Io/.!')J;-1L~ State: F 1 ZiP:33756-552
5. Type of business:
o Corporation (State of incorporation ___ ) .
o Partllcrship (Type and State of Partnership __. )
o Individual 0 Developer ~ Municipality O,Othcr
En incer/Consultant Information:
o Check hcre if agreement should be mailcd to this address
6. Company Name: Parsons Enginoorinq SC~J!.~I rnc.
7. Company Contact Name: ~J2.h.D-WlP-\U Title: P. E.
8. Telephone: (B13) 933-4650 Fax: (813) 930-,733_2___ E-Mail: John.o.lope~arsons.com
9. Street Address: 3450 (Ju_$t::hJoIood P;u::k _Or_I . City:. Iama State: F1 Zip: ;3_3J>~B
Suite 345
~et Information:l (Note: Metric InjiJf11wfioll )Viii NOT be acceplc(I.)
J O. Is this installation: I(l New 0 Revision to exisling 0 Attachmcnt to existing 0 Upgrade to existing
J 1. Ifnot a new installation, fumish existing Agreement Numucr:
J 2. If this installation is to be a supplemcnt to your mastcr (gcncral) agrcemcn t, fumish:
Agreement Numbcr: Date:
13. Your Reference N\lInber:
H. Work to be performed by:
o Applicant's employees Is Applicant all Aegis Illcl11bd! 0 Yes 0 No
00 Contractor COil tractor Namc: Out to EJid
15. Town Location: ~en~wat..Q..:L--__ CO\l\\ly: _P...innllns__,_,_ State/Province: -El.
(F(lnn continlled on Page 1.)
~roiect Inrommtion Cont'd:]
FORM CSXT 7455 - Rev, 11,0 J/02 (page 2 of2)
Storl1lwater
Flanunablc: 0 Yes ~ No
16. Product to be Conveyed:
Temperature: Ambient
17. Mnximum Working Pressure: N J A
18. Location of Shut-Off Valves: N/ A
19, Numbcr:[1 Manholes~ [8 Other (describe) 472' of 54" RCP ~ 52' of 50" x 30. Box
to be loented within Railroad conidor. Manholes shall be flush with top of ground and dimensions
of ancillary structures arc required on drnwing.
20. Distance from manholes/other to nearest track: Headwall 14' from track
21. Angle of Crossing: Number of Tracks to be crossed:
22, PIPE SPECIFICATIONS: STORH .GAN~Sn.PIPE: BOX CULVERT .GASINGrl~EI-
Material Reinforced concerte reinforced concrete
Material Specifications & Grade FOOT spec Section 941 ASTM C-748
Minimum Yield Strength of Material PSI 3000 PSI 3000 PS r
Inside Diameter ' 54. ~O" X 50.
Wall Thickness ' 5 · 6.
Outside Diameter S 5 .. 42 ·
Type of Scam tH A NI A
KindofJoints GASKET JOINTS GASKET JOINTS
Total Length Within Railroad RfW z.a-2f1 ;:<5'- 52 I
Tunneling (Liner Plntes) Note: Attach m:mufacturer's shop detail and comput:\tions th:lt
include plate thickness :lnd l!:J!!e.
N/ A Height above ground N I A
Field Test Pressure:
Type Test:
N/A
N/A
23.
24.
25.
26.
27.
Vents: Number NI A Size
Seals: 0 One End 0 Both Ends
Bury depth: Base of rail to top of casing: N/" feet NI A inches
Not beneath tracks: .2 feet inches
(Below ditches) feet, inches
Cathodic Protection: 0 Yes 0 No Protective Canting: 0 Yes (Kind)
Method of installation: Opon Trench
Temporary track support or riprapping required? 0 Yes 29 No (Describe nnd Detail on Drawing)
Wires, polcs, obstructions to be relocated? 0 Yes lO No (Describe 3nd Detail on Drawing)
Is this both a Crossing nnd Parallelism? 0 Yes 10 No
Crossing locntion: NI A feet N I J\ (direction) from Railroad Milepost: NI A
If known: Valuation Station: N I A Valuation Map Number: N '"
If known: LatitudeILongitude: N I f\
If known: Street Address ofCrossingfParallelism: P'&lJrn-~PC'C'~"'ig.~A.\H).
Par3ltclism locution: Bednning: C-\qo feet S I W (direction) from RR Milepost: 9,-(3
and Ending: '~12~lp feet s/w (direction) from RRMilepost: .>>-n '373
Tot31lcngth on Railroad MV: _ ~Io Length Crossing: H/ A Length Paralleling: -25b
Will line be entirely within a public road RJW? 0 Yes Xl No DOT/AAR Crossing No.:
** If you answered yes, road name, number, and width of public right-of-way arc required 011 drawing
a) Will this occupancy connect to an existing facility within Railroad conidor? 0 Yes [] No
b) If Yes, name facility owner(s):
o No
N/A
28.
29.
30.
31.
~ailroad Use Only:1
Division JJ(Y,"Dn\fl Ue
Absolute No.: 03/5 :3
Valuation StatiOJ~~Y. 1'"71.0
Milepost: A ~ 5'1
Subdivision C!eo.ft<J<1J-<<
Valuation Seclion/M:lp No.:
~7 I 29 7t'3 :2-
Sl13 ,1'1 -7 s y '?73 . Z'f
No. of Crossings:
Roadmastcr No,: :P 7fb
COI1tr, Type: ? \ s I L
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ITEM # ~q .
.~1q
APPOINTMENT WORKSHEET
FOR COMMISSION MEETING Auqust 7.2003
Agenda #
IlL).) c') i
L (\. ~ --' -4>'"-
BOARD: Environmental Advisory Board
TERM: 4 years
APPOINTED BY: City Commission
RESIDENCY REQUIREMENT: City of Clearwater
FINANCIAL DISCLOSURE: Not Required
STAFF LIAISON: PWA/Environmental
MEMBERS: 5
CHAIRPERSON: Sandra Jamieson
MEETING DATES: 3rd Wed., 4 pm
PLACE: Commission Chambers
APPTS. NEEDED: 1
SPECIAL QUALIFICATIONS: None
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. Alan Smith
1944 Harding St., 33765
THE FOLLOWING NAMES ARE BEING SUBMITTED FOR CONSIDERATION TO FILL THE ABOVE
VACANCIES:
Name-Address Comments-Related Experience. Etc.
1995
End of 2nd term
1. Richard E. Avichouser Realtor/Investor
1621 Gulf Blvd., 33767
2. Norma R. Carlough Retired Insurance Agent
1756 Ashton Abbey Rd., 33755
3. Judy McSwine Retired
602 lime Ave., #102, 33756
4. Manoj Haresh Shewa Computer Info. Systems Instructor
675 S. Gulfview Blvd., Unit 306,33767
Zipcodes of current members:
1 at 33765
1 at 33764
2 at 33755
1 at 33756
Sent By: GHTq GLRWTR ASSN OF REA~TORS; 727 533 8244;
3-2;-01; 9:37AMiCITY CL:qK DEPT,
05 Apr 01 9:15PM;Job 195;Page 4:5
,t~!CQt.,voo rf ,.. -
ell Y OF CL~RWA TER - APPLlCA TIO N FOR ADVISORY BOARDS
(must be Clearwater resident)
Name:
"";( l e-L.. ~ _'2 ~
s A V Ie... \......0 \3 ~ e "-
Office Address:
Home Address:
I ~ )..., cD U l-__t==- @> L.
Cl..vSt n.. Zip 6.3 7~)
Telephone: S t:j S..r.o 0 &.4)
How long a resident at Clearw-.ter? _~.~ 'I fLS
Occupation: "'":2.'b"L. /"0 e. IIAJve ~T"~IZ..
/
Field of Education:
~..,. u ~ F. 13 \J ~ ,~ S's..s
I S'tf 7 /Vl11.\) ~ I
D () N e 0 W lie "3 \j "9 Y
Telephone: ~ 0 ~ I S" l:r /
Employer. S ELF-
Other Work Experience:
""!t 0 ,/12 j 72- 6' ". _~._ ~ oS T I 1\J..s v 'l/1--V<" €"
13UJI...DW c.-
If retired, former occupation: -
Community Activities: ~ s~ Vl!"Q ""TO ""1' L
D lJ"-' e rH ...j ,q.;p v loS" f2 \./ 1& () 194. D 5
/
Other Interests: "K.C!),..""<t.j"
Board Service (current and past):
M~~ lA-I ~ A.[) "l.S. 0 ~ 'f B D
'F1~ c."",-- ~~vcew <"UIV\ M')Te.e
l-cx:.. q ~ PL~ NIAJ ~ f.}- "~AJc;"
AddffionaIConunen~:
~ ":;2.. "2-
I ~ oft(
'11l..s ON v~ fllOv..s
Ft.s,...1.. ~evlet.J. 'i &'0,""1'- P'UWN'/~
A,"~N (.\01 ) "'!. AS C.""~.U.M"tN
Board Preference:
_ C.O AA. A.o\ ~ A..I
(E. 11+ .B )
(Me.. e S )
-(
l.,..../
.
De 116l..d f'.A1SVl'~.D
SIQqffLvL--
Data:
'f-'j-O~
SGe attached list for boards that require Financial Disclosure at time gf appointment.
Plell5e return this application & board Ques:tionnaire fer ~8ch board IlstGd to: ro", . , ' ,
City Clerk's Department, P. O. Box ~748r Clearwater, FL 33758-4748 or drop off at City Halt; 2nd j ...,~
Floor, 112 S. Osceola Avenue . ~. ,,'
(/;HCG6) q - I g . 0 I -
(~A5) 1(;-a.S-()\-
twc:,~'~) ..
{j:. \:~f)'t \ -\'1 ' 0.)... -
-
v '-~ ~ ~~~c..e'L (1 OVl~f,L_r'\_,L'- C2 c~ Lt\..1=lJ\...C~e::
V ~ L I L~t C! OvLi- ~J~L \...Q. J: L-~~"GJU.~
V ..J/..h..... ~ c\ (I (n'\...f L I \. u...~ cl U ,-"U../u();lC.,
I
1\ I) I~ I .' \ IIl/j I
err', (
'"
.:rJF
Sent By: CATR CLR~~A ASSN OF R=ALTORS j 727 533 8244j
3.28-0,; 9:37AM;CITY CLERK DEPT.
05 Apr 01 9:15PMjJob 195jpage 5/5
j Ilf Ol;l:G .,u~o ... 1:..1 'T
BOARD QUESTiONNAJRE:
lZ.ec Q ""'Nt-f.".v D~" '0 I\J ~
(coB )
c;. l"t Y
1. What i", your underGusndlng of the bO~5rdJs duti8.9 I!Ind reaponsibllltles?
1<ev1E"~
1. """ ~ IL e;
-
10
c:...a,,^~. oAJ A-'Pl..lCi'l'lc.. '\l..5. V~n Lit- IVD vj,~ s:: L....vJtS
~ "e LONIAJ..) c~tjeo
2. Have you ever observed a board meeting either in person Of on C-View, tha
CIW', TV station?
'1e~
3. Wh.t bZlckYfound and/or qualifioltions do yOU have that you feel would qualify
you to sotve on this eoard?
S ell v Sf')
a CI 1-- sltfl..s
C) f\J DVN6t)W
'!~ E;IV C. >'
:;e:-~ /l
" ~e~/ZJ
.
'-I C. E"".s t5 D
'.p,q )
(. ? -J ~b
At:.. " -41 ..., fl#'C 1'i1 'L I r y 4 J
La c....c.. .4L~I\IM.(I.J
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4. Why do you want 10 serve on thill Board?
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APH L;\ 200'1
("1""1 ("l.:l"( F)l:':l\,:.'d'\11E'NT
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Name:
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
" (must be Clearwater resident)
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Home Address:)
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Office Address:
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Telephone:
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How long a resident) of Clearwater?
Occupc:;:tion: t' .f-. l;, l ; .iJ
Employer:
If retired, former occupation:
Community Activities:
Other Work Experience:
;-) 7~1-r- (/\..;' 1(:)- nil ;fJi A)(, \( v':.;;(
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'.' Board Preference:
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LIB
Additional Comments:
Signed:
"7 ') .
Date: ',..) / . C\ c'
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
RECE\VED
8/13/01 - verified continued interest in EAB & LIB
, , I fll! 'I'
\ ~ : j J , I .' '. I
C\l'i CLERK. OEPARTMENT
BOARD QUESTIONNAIRE
1. What'is your understanding of the board's duties and responsibilities?
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/ \.,,-.f--~J --- -.-IO-l/~ f"~ <.,..' (:) ~~,-(' ~; I' \\;:~(( .
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2. Have you ever observed a board meeting either in person or on C-View, the
City's TV station?
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3. What background and/or qualifications do you have that you feel would qualify
you to ser, e on this Board?
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4. Why do you want to serve on this Board?
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Board Name:
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Name /
\:U: :) I tUld
CITY CLERI< DEPARTMENT
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOARDS
(must be Clearwater resident)
i) Ill'-' ,
Name: '- \11 (tJ P II f'-'\ C cl9Jl \/l(?/~
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Home Address:
(0 () d. L-\' \/'11\ (J / J\ \ I,P , 4 ! () ()},
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Telephone: t-/),'/I'- i..1 't 7 .- G L1 Cl;
I' .-
How long a resident of Clearwater? ~ ,)
Occupation: '('e:H ,f.d
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Office Address:
Zip
Field of Education:
f' fV\tV A,'lTo \r( A
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Other Work Experience:
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Board Preference:
f n V i ~'D n m.f,Vl taJ ~ Ul SO'vL-
Additional Comments: I
n '.4-- r;- rl
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Signed: ~d.z.6 )1-/ c ~ j l-c,;,(,(7 /
Date:
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\ '1 f"" 7
)-(!I () I VJj ) (,', C^-Qu :f. ~: t I~(')[:] U i"; -\
',I^ll Of (III.: VV (.' \/1 ./p ]'(\ (l (fa (l :, <-(
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Lei t 'tl~t '\1\ \' (c-~I_..j eW^t '
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?
L hCU4' s,Q ('(JPl.V ~ h Sel'e i '1.11 It ariD {''0lu'p
-PO:';+I 01.1;;' 0 VI d. C1 ~J a \,'t' ~u ( r-. (1\ (((Le. .
rilW{J\(l ~)fi rt IJ loi I itc,\ off) d,Qto'~:", CI'V_
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Cj\"0M pv j d'i iV'. 0Xjf COo/11m 1( ,(1 ,'111 ; .
4. Why do tOU wa_nt to serve on this BO~rd? \ .
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Board Name:
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t-~ ~,\ 01.' \ t. 1 .J" ex
CITY OF CLEARWATER - APPLICATION FOR ADVISORY BOAR[jk~r~l
(must be Clearwater resident)
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Name: /V\ {1 f'1 0 -T
Home Address:
H r~g. f= $ I'l
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Office Address:
C -=1.5" S, (,... u.. L r- v L ~ ",.J ~L\J ~, \J i'!ll. ~ c; [,
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Telephone: 11.1- - 4 Lt 2 - C .L ~ l,
How long a resident of Clearwater? i ~ 'je /4. -( ...
Occupation: (C.I"PI.\.TG~ trJrOo .s'f~TI;I\U; r",:.T/l?I.(L.\G~ Employer:_E'DIJ~A""O'" AMr:I2I(~I. TAIV\P"~ T';'-H.
Telephone: "11- -:t - S3 -l... -\ 't ~ ~ ~ 1\..t - 4 "2.S-
Field of Education: Other Work Experience:
GoS. c.c~",PI.-\."~I2... r:.~",\N\=e.zIN<':l (\.I.~1"1
H-' -r i: \.. M (l. oJ\.} o? l., I~ .", r: IV T
~ So' LCI."'I"~Tr;,L ~~'::"'~r",().'\\ON .:; is.[I~(V' (,^~I:'t
A; u.. {) I \' I N U,
If retired, former occupation: "" fA
Community Activities: w,....':. ''V\';Mi3 el2 c~ NA't,C.-J.),\.. t;ONC.z.. 5ut..1 f: T
1-1 I Ci, H S L H 0 Ol.
AN D
PH!. THI;Ti.c\ r-A?f11~ CST Pe.1E J"NI,,~
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Other Interests: D~B(>.\N~1, RI~.';t:,'Z\>l.C.'.-\INi.:l , Q.,Ao1'NL:.) .\....D T~.avi;l..iI"u,
Board Service (current and past):
N/A
Board Preference:
LI t? IZ.r~r:?'1 t1CoAIC..D
EN v, n. C^hYl~N T,~L t'lt>....'.se"Zt Av ~ IQJ:)
Additional Comments: ()t-lTI(. (V".,) , l)..JI=
\3 i: A \..L \ I F I L A i'1 c.; ,...,) c: c ,.......... I '\ 1 f_ \:.
~ :",')';N TV Arl'j A""'LAo1LI;. B,'."l~.O.s
,0 L.OLLl; ~II; .~......o ,.JC,LI1:, .I w~~ rVl:r A"AIUl8,l r:;, To <;'(;KvE
C l t; a a. \,oJ (.I f'.~ IZ- K '= . II) I~." j" ~, r ...., C.' l 0 l...' Ie r;.. A ,-l I .',:. ,'\'1 ,.. A v l) L u,.=I'3 L':::'
A S ~ ~ I ....0 n.l, E C I l' 'j c.. ;.; (. L r;: A IZ w ,~ j' .,; a... AN 0 !: T ~ Q. 1:= S I I) .: .~ f r
Signed:
r~
Date:
I - 3 ) - 0 .~
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?
; hM is to IYiCu'" I-~I'''' DO.!>, Holt'!
HI "- r\ Orl'!;\' :
b,t""'~,.., c;f-i
c.1ec:.'<'.-I_...X........ .:."d (;~ '~ G.'lo..i!'i...~'^l-.
l aclZ- . ~\(!..\ rhC- r Cd02 ;"" :::>0 f tC;,,,1
o +""e C Il?-.:l.y""'....t'e....-' ""d ;t'
2. Have you ever observed a board meeting either in person or on C-View, the City's
TV station?
'\(e..!..
3. What background and/or qualifications do you have that you feel would qualify you
to serve on this Board?
I. '-'c..\..ll2 bc;;.C'C.~TO\.lV"\t\(rl(>J'fvl?!o:J \,-, Cc"-'p~~t?( eYl~:n"('n'''.j\ CA.v-.J
((1,....\..,.rC?<' 't.'"'~tw."^,d"\W'. <l{h~. M1 l,C.dt1Y'O\.l~d ne\p~ IY1e Sh-'j
"'",d bClC,~d iJ I"l
Oh j @ c.. tl vc.. .\ dQ..rc......: I ~. :r h4\Jl' a 1"\ (J)( ,e III? ~~ r f"\ \1 f.... h 0" /-0 cL'L-f'a...(. I
Cm {\. I'" d"'N.diV ...... C I-S p..aJ '['-i"" .:~- L, t"c'd"I',... " u_c colI ~(l ,~ ','1 l.O' I ~
2 ~"'''''.M.'' I-,r....v:...,~ ,-.)t'1Ld ~..l. a..'\"l ;r"\strud~ :r ht<:\Je dc,>vdup(> d j'c,l'~
p~t.Jpl(' s~\\..s. :x:: <............... c....LKJ ,'- ~}OOC\ ';.!.H'Y'lPY' ~c1 de.6~f-v'(',
4. Why do you want to serve on this Board?
A .s c.. 'I e t: ~ ,..,u....h? V' '1<2 \.; tk n r
tn-<
+~e
f~~r /2 ~c.:{'(~
1: ~c~ve
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C,'.'(\? n.\:'c.~t -\-\H' '("~I L~r.s a"c.\ c... Clfl....'.V"'h...f'er. I .....,(.\,1- N
'S:ho...... '......
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,<e ~~~t'V\h.
b:J..lt....-{,J~ c.~~.)~ c..\02~'l""'"...rh'
Name: M(\,,,oj S I,\'wr,..
Board Name:
Work Session Item #
L'/11
,52
Clearwater City Commission
Agenda Cover Memorandum
Final Agenda Item #
Meeting Date:
SUBJECTIf~ECOMMENDATION: Amend the FY 02-03 Professional Services budget for the City
Attorney's Office to add $50,000 for a total of $325,000.
and that the appropriate officials be authorized to execute same,
SUMMARY:
· The City of Clearwater has been served with several lawsuits in the recent past that have been
assigned to outside counsel by the City Attorney's Office because of the expertise necessary
for the best defense of the lawsuits.
· The Professional Services budget for the City Attorney's Office has been at the same level
since Fiscal Year 2000-2001, and was decreased 1 % that year from the previous fiscal year
budget.
· Several cases in particular have proven very expensive to defend. Granite State Outdoor
Advertising v. City of Clearwater, et. al. was filed in October 2001, and has cost the City
Attorneys Officet207,497.02 in outside counsel services and expenses to date; National
Advertising Company v. City of Clearwater was filed in May 2000, and has cost $104,674.24 to
date; Katherine Palisano v. City of Clearwater, et. al. was filed in December 2001 and has cost
$205,005.41 to date.
· The Palisano case, which is an employment discrimination case, has been much more costly
than originally anticipated. The Plaintiffs attorney has conducted numerous depositions that
have resulted in higher than anticipated costs.
· A one time addition of $50,000 to the City Attorney's Professional Services budget is
requested to provide funds necessary for these and other necessary outside counsel charges.
. A Third Quarter budget amendment will provide the transfer of $50,000 to the Legal
Department Budget from the unappropriated retained earnings of the General Fund.
Reviewed b~ OriginatinrlJt:
Legal Info Tech NA Legal
Budget ~ -
Public Works NA User Dept.
Purchasin DCM/ACM Legal
g
Risk Mgmt NA Other NA Attachments
Costs $50,000.00
Total
Funding Source:
Capitol Improvement
Current Fiscal Year
Operal"'9
x
Olhl'r
o None
Appropriation Code:
010-09600-530100-514-000
Rev.
florida League of tl50-Zl'::G-]tlC::tJ
Page 2 of 5
Wed Jul 102oo::! 10:51:1tl EDT
C Dl~ 1.
/)1/
/)
./
. Florida League of Citiesl Inc.
TO:
Key Officials
FROM:
Michael Sittig, Executive Director
D^TF:
.1111 Y I 0, ~JIO:1
SUBJECT:
I)I{OPOSED AMENDMENT TO FLORIUA LEAGUE
OF crnES' CHARTER
As required by Article VII of Ihe charter or Ihe Floridil League of (:itics, this
leLler servcs as ollicial notirication or a proposed amcndmentto Lhe I.eaguc's
charLer, The CiLY or Nonh PorL has advised Lhe T .eague they inLend to propose
the following amendment, which if ~'Idopted, would limit the member~hip of
the Florida Leaguc of Cities to cities, towns and villages. Currently
membership in the Floridi"l Lei"lgue of Cities also includes Chi"tJ'ter CouL1tie;', ((If
which six are members).
Arlicle III - Membership, Voling and Dues - Seclion 1. The
membership or this corporation shall be limited to governmental
agencic:~ rendering municipal :~er\'ice:~. municipalities - dlies, [Owns
ami \'illa~es illcorporated by special actioll or tbe le~islalure as
provided in FS-165 ,041 and Article VIII. Sectilln II or the Florida
Constitution.
The Board or rJireclon; or Ihe Florida LI:!:lglll:! or Cilil:!~; h;I~; inrormed Ihl:! Cily
of North !'ort of tllcir opposition to tllis propClsccl chartcr amendmcnt ami has
encouraged the City of North Port to withdraw the propo!;al. The City or
North Port has indicated they will not withdraw it.
The debatc and vote will take place during thc regular annual busincss sessiun
of' the Florida I.caguc of' Cities on Saturday, August 1(1,200:"; immediatcly
following the Past Prcsidents' Luncheon at the \Vyndham Palace in I.akc
Florida League of 850-222-38C*l
Page 3 of 5
Wed Jul 16 2003 16:52:18 EDT
Buena Vista, Florida. This business session will be held in conjunction with
the 77'11 Annual Cunference of the Florida League of Cities sch~duled at the
same location August 14 - 16, 2003.
Please advise the members of yuur governing body of this proposal (especially
your Florida Leaguc of Citic:;'votillg delegatc). \Ve h,iVC attach cd a voting
delegate form if you need une.
If you have any questiuns please feel free tu call me at 1-800-342-81 L2.
Thank YOlI for your assistancc in this matter. \Ve look forward to sceing you
and other representatives from your city at our annual conference tll~xt month.
Attachment
cc: FLC Board of Directors
THIS WORK SESSION WAS CANCELED AND NOT RESCHEDULED. WSO ITEMS
WERE MOVED TO UPCOMING MEETINGS.
PRELIMINARY AGENDA
Clearwater City Commission Work Session. 9:00 A.M. - August 4, 2003
PRESENTATIONS
1. City SupeNisory - Leadership Development Program.
PUR PURCHASI NG
Approval of Purchases per Purchasinq Memorandum:
1. Fleet Products, Inc., Tampa, Florida for a purchase contract for vehicle replacement
parts during the contract period: 10/01/03 thru 06/07/04 for $150,000. GS/SW
(Consent)
2. Florida Department of Transportation, Tampa, Florida, Change Order for utility
relocation construction for $224,521.40 an increase of $24,521.40. PW/ENG
(Consent)
ED/HSG
ECONOMIC DEVELOPMENT/HOUSING
1. Presentation - Housing Loan Policy (WSO)
CGS CLEARWATER GAS SYSTEM
1. Award a contract to Briggs Equipment, Rivera Beach, Florida, in the amount of
$39,641. for the purchase of one (1) New Case 588G Forklift in accordance with
Section 2.564(1 )(d), Code of Ordinances - Florida State Contract #760-001-03-1.
(Consent)
HR HUMAN RESOURCES
1. IAFF Contract.
PR PARKS AND RECREATION
1. Approve a Post-Closing Agreement between Home Depot U.S.A., and the City of
Clearwater to amend the amount of time to purchase materials for the Community
Sports Complex project and qualify for the return of $75,000. of the purchase price
for the Home Depot building acquisition. (Consent)
PW PUBLIC WORKS
1. Accept a 4,033 square foot, MOL, Sanitary Easement conveyed by Morton Plant
Hospital Association, Inc. on June 2, 2003 over and across a portion of the NE
1/4 of the NE 1/4 of Section 21-29-15. (Consent)
2. Approve the final plat for "Brightwater Cove" located on Brightwater Drive
approximately 400 feet east of the intersection of Harnden Drive and Brightwater
Drive. (Consent)
08-04-03 Work Session Agenda
1
ORLS OFFICIAL RECORDS/LEGISLATIVE SERVICES
3. Public Hearing & First Reading Ord. 7164-03 - Approve the applicant's request to
vacate a drainage and utility easement and a sanitary easement portion, both more
particularly described in Exhibit "A" attached. (V2003-09 KB Home Tampa, LLC)
4. Public Hearing & First Reading Ord. 7165-03 - Approve the applicant's request to
vacate Penmar Drive right-of-way from the easterly right-of-way line of Bayview
Avenue to the easterly terminus of Penmar Drive right-of-way, and retain a drainage
and utility easement over the entire width of the right-of-way to be vacated,
(V2003-10 Our Lady of Divine Providence)
5. First Reading Ord. 7182-03 to approve amendment to Chapter 51, Section 51.08 of
the Code of Ordinances to provide for the use of newly released flood insurance
rate maps.
6. Adopt Res. 03-27 authorizing the City to enter into an agreement with CSX
Transportation, Inc., for installation of 472' of 54" storm pipe and 52' of twin 50" x
30" box culvert in the CSX right-of-way, and approve Pipeline Crossing Agreement
No. CSX-045328 at a cost of S 12,240.
7. Declare as surplus for the purpose of granting a perpetual Utility Distribution
Easement to Progress Energy Corporation ("Grantee") a 10-foot wide Easement
Area defined as lying 5 feet each side of Grantee's facilities to be installed at
mutually agreed upon locations over, across and through a portion of the SE 1/4 of
the SW 1/4 of Section 08-29-16, as more specifically described in said Utility
Distribution Easement.
8. Accept a 701 sq. ft., MOL, perpetual Right of Way and Utilities Easement granted
by the School Board of Pinellas County, Florida, conveyed for $1.00 and other
consideration, over and across a portion of the SE 1/4 of the NE 1/4 of Section 11-
29-15. (Consent)
9. Accept a 57 sq. ft., MOL, perpetual Right of Way and Utilities Easement granted by
George S. and Margaret R. Bryant, conveyed for S2200. and other consideration
over and across a portion of Lot 90, Ambleside Subdivision 2nd Addition. (Consent)
10. Accept a Water, Sanitary and Utilities Easement from Gary G. Halverson, Inc.,
conveyed for S1.00 and other consideration, over and across portions of Lot 1,
Loehmann's Plaza.
1. Environmental Advisory Board - 1 Appointment (Consent)
2. Review Commission Policies.
CA LEGAL DEPARTMENT
1. Amend the FY02-03 Professional Services budget for the City Attorney's Office to
add S50,OOO. for a total of $325,000. (Consent)
Second Reading Ordinances
1. Ord. 7100-03 - Amend Sec 22.82 Special Events Applications relating to
insurance requirements.
2. Ord. 7123-03 - Adopt the restatement of the City of Clearwater Money Purchase
Plan document.
08-04-03 Work Session Agenda
2
3. 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, (AK.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).
4, Ord. 7143-03 - Approve the petition for Annexation of property located at 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.)
5. Ord. 7144-03 - Approve a Land Use Plan Amendment from County Industrial
Limited (IL) to City Industrial Limited (IL) ANX2003-04008 (Colontonio's Fine Foods,
Inc.)
6. Ord. 7145-03 - Approve a 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.)
7. Ord. 7146-03 - Approve the petition for Annexation for 2500 Sunset Point Road
(Lot 41, Skyline Groves in Sec 06-29-16. ANX2003-04009 (Robert L and Marcia A
Warren)
8. Ord. 7147-03 - Land Use Plan Amendment from County Commercial General (CG)
to City Commercial General (CG) ANX2003-04009 (Robert L and Marcia A Warren)
9. Ord. 7148-03 - 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)
10. Ord, 7154-03 - Repeal 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.
Other City Attorney Items
City Manager Verbal Reports
Commission Discussion Items
1. Proposed Amendment to Florida League of Cities' Charter.
2. Florida League of Cities Officers Election (Board of Directors).
Other Commission Action
Adjourn
Presentations for Thursday Night
1. 2003 State Legislative Wrap-Up - Senator Mike Fasano
Representative Kim Berfield
2. Florida State USSSA State Championship Winners - Clearwater Heatwave 10- U
Boys.
3. Clearwater Fire Fighters Appreciation Week - August 11-15.
08-04-03 Work Session Agenda
3
4. Clearwater Little League Majors Division All Star Team for winning District 12
Championship.
08-04-03 Work Session Agenda
4